New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-03
TO ARG UE THE IPPORTfONMENr CASES.
THE MONROE AND ONEIDA COUNTY ACTIONS TO
BIZ HEARD BY THE COURT OF APPEALS To-
u.,rrr AL, ct-rrrpr,ND


Albany, oct. Cspccinn.-The Court Of Appeals
upon meeting tomorrow will listen To arguments upon
"A case Of National intcrest-the gcrrymander OF the
senate and Assembly dls,rIcs Of Newlork by the
Democratic legislature OF lS03 one OF the Judges.
Rufus H. Peckham. will aSSur,dly listen to the words
Of the counsel tomorrow with peculiar Interest. Tor
has not David H. I'm hung up" his nomina Ion for
chief Justice. which to have been made by the
Democratic state Committee last Friday, until after
the court has given It's decision upon this disputed
LoHsla I've Apportonment hw Two legislative
apporonment cases. In fact Will be
before the Court Of Appeals tomorrow hut the. are
almost Identical one I, the suit Instituted by city
Attorney Kichc OF Rochester. to compel the BOARD OF
Supervisors Monroe County 10 meet and dNltc that
county into three Assembly Districts following the APP
portlonment law. Judge Hums"y. of the supreme
Court and Judges Dwight and Lewis OF the General
Term OF supreme Court have already decided this
cnsc adversely to the petitioner. klche declaring the
Apporonment law unconstitutional. owing TO re In
equality Of representation In the Legislature provided
for by It,
william A. sutherland. Of Rochester. who has ~ ably
conducted this case I'm behalf of the Board OF super
visors Of Monroe County, arrived here tonight To make
another argument tomorrow In doienee of that boiy's
action In refusing TO make I'M appor onment under the
assaulted law Mr. sutherland has prepared strong
arriment and will bring forwnrd new points for the
cons Iteration Of the judges lie Is confident that the
ourt nj Appeals will declare the law 10 be unconstitu
t,onaI 81 am told that the Court Of Appeals has
n majority Of Democratic judges" he said to night !;
hut I'm view OF the action Of tho court In tho
legislative election cases, last December, have con
ddence In the court now. The court decided in favor
OF the Republican ention In three election
ont OF the four brought before II. and the Legis
aure came into the possession Of the Democratic party
ONLY through the action Of the Democratic state Board
OF CanvaSsers who disregarded the opinions Of the
Court Of Appeals. | therefore have confidence
that the Court OF Appeals viii give Judgment upon
the merits Of the case"
Mr. Kiehel also arrived here, to make an argument
to morrow In support OF his contention that the Legs
lative Apportonmcnt law Is constitutional.
The other case before the Court OF Appeals will be
that regarding oneida County. This Is In substance
similar to the Monroe County case. The Board Of
supervisors decline to divide oneida County into two
Assembly districts. and suit 10 compel them to act
has been decided IN their favor by Judge
the Geneml Term Of tho Nth District.
There arrived here tonight TO represent the super
visors rs their counsel, Henry J. Cookingham, Of
| Utica and william T. scripture, OF Rome Attorney
General Rosendae will appear In suit which has been
brought compel SECRETARY OF State Rice To issue
the usual election notices In Oneida County and TO
disregard the Legislative Apportonment law as I'M
| constitutional 49, =,
The Court OF Appeals In view OF the high I'M
portance Of the matter, II Is believed, Will hear argu-
| mcnt tom morrow In al these cases.