New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-05-23
TO TEST IT'S LEGALITY.
Is TIE GERRYNANDER UNCONSTITUTIONAL?
WILLIAM A. SUTHERLAND SOON TO BRING THE
LEGISLATIVE APPoRuoNMENT ACT
BEFORE THE COURTS.
tBr TELEGRAPH TO TIE TLiEcSE


Albany May 22-The gerrymandcr of the Senate
and Assembly districts made by the late Demo
cratic Legislature is not to be lermittel TO go
into operation without it's constitrtionality being
tested in the courts. The Republicans suffered by
the Trrymander and therefore 1t vii! be Republi-
can counsel who will bring the suit in the courts
still, they Will not act for the Republican party
alone, but for thousands Of Democrats living
| in the exterior Of the State who also Will bn
disfranchiscd by the new law which gives lcgis-
lativc power to the cities. \ single illustration
| will show how Democrats were wrongcd, we'll
rs Republicans by the opporti,nmcrt made st.
Lawrence County loses two Asscmblymcn, and is
reduced TO one Assemblyman, although it has
| sj,04S population. In November 1891. there
were cast in that county G,Osl votes for Flower
| for Governor. and ll,lG- votes for Fassett.
Contrast that vote Of St. Lawrence County
with the vote Of the Id Assembly District
Of Kings County, where Mr. Plant, Democrat, re-
ceived 2,s0j votes, and Mr. Costello, Republican
1879 votes. Thus, there were only 4,ls4 votes
cast for Asecmblyman in that district, against
1928 votes cast In St Lawrence County. In the
lid Assembly District Of KINGS County only 1913
| votes cast for Asscmblyman, and in the Vth
| only 4,l6G. There were thus only l6,0SS votec
cast in these three districts Of Kngs. and yet
| they viii continue 70 have three Assrmhlymcn,
while ~. Lawrence, which east more votes, is re-
J duced to one.
The recent decision Of the Supreme Court Of
| Wisconsin, declaring the legislative Appor.ion-
mert bill passed by it's Democratic Legislature un-
constitutional on account of its dsrcgardng the
| commands Of the Constitution Of Wisconsin. that
an apportionment should be made according to
| the number Of inhabitants, excluding In
| dans not taxed. and soldiers AMI officers
OF the United States Army and
| Navy affords grodnd for hope
that the Court of Appeals OF this State Will declare
the Legislative Apportionmcnt bill unconstituiion
al for the same reason that the Constitution has
not been obcyed The command of the Consti-
tuition OF Ncw-Yorl, is almost similar TO that Of
Wisconsin. saying that each Senate district shall
contain as nclrly ~ may be- an equal number OF
Inhabitants, excluding aliens and per.ons of color
not taxed; AID that the members Of the Assembly
shall bc app0riOncd upon the same principle save
thnt every county. except the county of Hamilton.
shall always be entitled 10 one Asscmblynan.
The chief Republicans who have been crticllly
examining the legal questions involved senator
Frank llscock and William \. Sutherland. the
Republican candidate for Attorney General in
1901. As result Of t.is study, Mr. Sutherland.
IT IL said. intends soon TO bring suit 70 test the
constitutionality Of the law. Mr. Sutherland lives
in Monroe County. which has been dcfraudcd of
Asscmblyman. and therefore it is highly
appropriate that one Of its cit7crs should
MAKE attack upon the law To Monroe County
~ granted a citizen population oven by the fraudu
lent Rice enumeration Of Isl ,23O, and yet the
Democratic Legislature awarded IL only three
Assembly ymen On the other hand, Albany County,
with citizen population. according To Mr.. Rice,
Of only i56,7as got four Asscmblymcn. This is
in 1ef.p las, . ftaps,l nd
that the members Of the Assembly shall be
apportioned among the several counties Of the
Scte by the legislature nearly may be ac
cording 10 the number OF their respective ihhab-
tants. excluding aliens"
The manager OF the successful suit TO tcst the
cor=titutionality Of the Wisconsin Legislative APP
portionmont law that able man and dis
tinguished lawyer John c. Spooncr. formerly
United States Senator. Mr. lIiscocl and Mr..
Sutherland both obtained copies Of Mr.. Spooncr's
briefs in that now celebrated case, and other mat
Ter bearing npon il. Any one examining Mr.
Spooncr's brief cannot fail TO that the cir
cunstanccs of the Wisconsin gcrrymandcr and OF
the New-Yorl5 gcrrymauder arr similar. And from
the fact that the decision Of the Wisconsin
Supreme Court was made by three Democrats ana
two Republicans who compose the court it can
be hoped that the highest court Of this State, com
pO-cI OF llNf Democrats ana tNo h'puh'dHN' VIII
rive an equally non-partisan decision. although, Of
course judge Maynard's view Of the case may
already he prcjudced The decision of the Wis
consin Supreme Court was made so recently on
March 2e that il cannot but have some weight
with their brethren on the bench of the highest
court Of Ncw-York
Mr. Spooncrs method Of assailing the consti-
tutionality OF the Wisconsin apportOnmrnt was to
ask the courts to issue an injunction restrain
ing Thomas J. Cunningham, the Secretary OF
State. from carrying into execution the Appor
tionmcnt law, and especially 10 refrain from Civ
ing the notices of the election of members of the
Senate and Assembly Possibly Mr.. Sutherland
may follow this plan in New-lork and yet 1t Is
open TO him to try another plan-that of advising
the Board Of Supervisors of Monroe County, which
il IL Republican body, TO decline to divide the
Assembly districts Of that county, alleging that |
the Legislative Apporionmcnt bill is nncons'ltl-
ti,nnl Such Il refusal of course would lead the |
Democrats 10 appeal to the courts TO compel the |
Board Of Supervisors 10 act, and thus test case
for submission to the Court Of Appeals could he |
made at short notice.
ExSeuat r SpoOncr dwelt especially in his brief |
upon the inequality of rac humber of irhrDtans
# the several Assembly and Senate districts, AMI
this made great impression upon the court.
Chief Justice Lyon of the Wisconsin Court III
hi, opinion, thus called attention to one feature
Of the law: For example, it gives Ia Crosse
County, with 3ssOl inhabitants, but one Mem
Ter Of Assembly, while it gives Manuowcc Comfy,
with 1881 Inhabitants. three members
That example can he almost parallclcd in New
York by Mr.. Sutherland, II he will point ont that
Dutchcss County, with only 7j,0is citizen in
hahitants, gets two AsScmbymcn, whereas st.
Lawrence with s0,G70, gets only one Justice
Or,an OF the Wisconsin court, in his opinion, con-
trasicl the population Of the various Senate and
Assembly districts showing their inequality
The complaint particularly shows that by the last
the State contained population of 1OoOSoo and
y equal apportonmcnt Of the Inhabitants elch Senate
District should contained II III aud each Assembly
District iGsGS Inhabitants le. by said
ippo onmcnt many SenOc Districts contain the number
Inhabitants. omitmg Factions of Thousands follows
,ta tt.,st., 600