New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-26
APPEALING TO THE COURTS.
T7TE FIGHT AGAINST TIE GERRYMANDER.

REPUBLICANS WILL NOT STOP UNTIL THE COURT
| OF LAST RESORT PASSES ON THE LEGALITY
| OF TIE REArpoRTIoSMENT ACr-PRO-
| cEEDINGS AT ROCHESTER.
| tBY TELEGRAPH TO TIE TKIBUSE.I
| Rochester. July 25.-The fight TO secure from
the courts n determination Of the question Of the
unconstitutionaitv of the Democratic gcrrymandcr
of the State will be begun in the Supreme Court
| here on Wednesday, Nothing now can prevent
| this question from being taken to the Court Of
| Appeals On this account the Democrats, who
had hoped TO profit by the theft Of the Senate
last winter and the passage Of the unconstitutional
Census law. which resulted in a padded census
and an unfair as well as illegal rcapportonmcnt,
are not at all pleased with the prospect. They
now sce that the probabilities and the posSibh-
| ties Of their not finally profting by that theft
are bright. The Democratic bosses in the State
| thought that the Republicans wO have been work
ing on the case were doing just so much labor for
| nothing. When the Board Of Supervisors OF
Monroe County refused on last Tuesday TO re-
district the county, on the ground that the law
was unconstitutional, the Democratic bosses de
termined TO allow the matter to- rest there. They
! did not intend to force the fighting il was their
plan to TO leave Monroe County just as it was
|
Bard saw fit TO redstrct it. under the new law, it
was not the intention Of the followers OF Hill,
Murphy :rcchan & Coz 10 take any steps toward
receiving from the courts decision rs TO the con-
sfiiuFionaliiy Of the law They laughed heartily
| among themselves when they learned that the
BOARD Of Supervisors Of this county had determined
| by vote of 32 to 6 that the law was unconstl-
:tfl61al and refused 10 proceed under it until the
Court Of Appeals had decided the point.
Senator Hill from Washington gave out hint
q week ago which his associates were not slow to
follow Let the Monroe County Board OF Super
visors alone" he was quoted a. saying. " II they
do not rcdistrict the county, it means just three
less Republican members Of the Assembly, But
the City Attorney of Rochester has spoiled all
| OF the Democratic calculations by securing
mandamus ordering the Board TO go ahead Just
as though the act under which the State was
gcrrymandcred was constitutional beyond qucs-
ton on last Tuesday afternoon c. D. Kiebcl.
City Attorney secured from Judge Werner an
order compelling the Board TO show cause to-day
why members Of the Board should not bc called
togethcr and he compelled 10 carry ont the terms
OF the rcds'ricting act of this year and redistrct
Monroe County into three Assembly districts.
II was originally intended that argument should
be had to-day. W. H. Sutherland the counsel
for the Republican members OF the Board oil
Supervisors, and Mr. Kicbcl agreed 10 go before
Judre Rum~cy this morning and ask to have
the lcaring set down for Wednesday. Judge
Rumsey did not reach here today, as was eA-
uected. oNing TO some trouble with the train on
which lie was 10 come from his home, in Bath
Stcubrn County. The train was TO late III leaV-
ing there that il would not have got HIN here
until after court hours, and he decided 10 wait
until tomorrow lie tecgraphcl 10 the attor-
81 nn. and
rcv will 20 into court tomorrow morning, pre-
paIci either TO argue their respective sides OF the
ca-e then. or on the following day. The argu-
men, will probably not he had until Wednesday,
rs there are number Of men who are anxious
to hear both sides, and they have been told
10 l.. he. on Wednesday. Among them IS
General John y. Knapp, of Auburn. In spite
Of tie fac, that General Knapp has recently been
IeNcccGun.k ~. and the temperature here to-day
vas the nj he's. that il has been in twenty-five
wears. he came from his Auburn home to hear
what the lawyers had to say On this important
legal question.
The Attorney General has sent word that his
Office will be represented during the trial Of the
case, but 80 fax no one from Albany has come
forward 10 aid Mr. Kicbel with his side OF the
case 1t il said that the Att"rncy-Gencra will
wait until the case has got before the Court of
Appeals before he makes an appearance in it.
Mr. Sutherland, who the Republican candi-
date for Attorney General the State ticket last
fall. has spent much time and hard work on this
case He has gone down, il were, 10 the very
roots of the question, and from all sides. His
argument against the issue Of a mandamus will
be based upon four specific points, which are rs
follows: Frst, that the saslatpre could not
consttutionally cuumeratc the inhabitants in the
year 1892; second, that the enumeration which
was made did not comply with that provision-ot
the Constitution which requires that the Legs
laturc shall know how many persons of color
not taxed there are in ench of the counties of the
State: third that the s0-callcd RcappOrtOnmcnt
act wa. not passed M the first session of the
Legislature after the enumeration was returned;
fourth, that gross and fragrant inequalities exist
in the appOrtionmont of members OF Assembly
and Senators whereas, the Constitution provides
that each senate district shall contain nearly
as may be an eqnal number of inhabitants, eN-
cluding aliens and persons of color not taxed. and
that members Of the Assembly shall be- appor
toned among the counties as nearly a. may be
according 70 the number of their respective IN
hahitants, excluding aliens.
Mr.. Sutherland, in his argument, VIII go "N-
haustivcly into each point which ne hcr" rals''
and show by well-cstablishcd prccedcns and rul-
ngs how sound the view which he has taken of
the question really is. He said to-day 10 The
Tribune correspondent that he felt absolutely
certain Of eventually winning.
JrDGE BiRNIRE'S DECISION SUSTAINED