New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-30
A FIGHT AGAINST FRAUD.
To ARGlrE ON THE STATE GERRYMANDER
IN UTICA TO-DAY.
THE ONEIDA BOARD OF SUPERVISORS HAD Fol-
LOWED THE EXAMPLE SET BY THE MON
ROE bOARD-PoINT~ TO BIZ MADE
BEFORE JUDGE HARDIN.
yBr 1ELHGRAPH TO THE TRIBUNRI
iBr IELHGHAPR To THE TRIByNRI


Utica. July 20.-Argum.nt will be made here
to.iperrow morning before Judge Hardin Of the
suprene Court on the constituienality Of the
Democratic gerrymandering act, which was
passed at the extraordinary session of the Leg
i,ature The Board of Supervisors of Oneida
CSuntv took the same view Of the law as the
b,snd of Supervisors Of Monroe County took OF
a. and on the day when the Boards Of super
visors in the various counties of the State met
70 reapportion the Assembly districts, the Oneida
County Board simply passed resolution dechr-
ing tne new law unconstitutional. and refusing
70 act under it, Immediately after this had
bezn done. H. ]. COokinsham, the City ATTORNEY
Of Utica secured an order compelling the B"ard
10 show cause tomorrow morning, in the supreme
Court, why menlamus should rot be Issue"
calling tie Eoarl of Super t.ors again toee' her
and requiring ii 70 proceed under the new law anu
AID re- district the county.
Democrats as we'll as Republicans are eager!
watching the result Of the contest In this county
In ,esnonse 70 The demands of Tammany Hall.
Hugh Mclaughlin and Edward Murphy r'' ule
renresentation in Oneida County in the Assembly
WAS reduced from three TO two members Inc
countv is entitled to three members of the As
se,nhlv at the very lowest calculation. But the
+wo Democratic members OF the Assembly VINO
rspreseuted the county in the Legislature last
winter sat idly by and permitted the reduction
,o 10 ace They are now whin NJ around theh
r,spactve districts that they could not hep Vot-
inc a. they did. The voters whom they helped
20 disfrancbise do not lie ieve them at all, ana
will lot accept such ch dish excuses 1he ke-
nublican members of the Board OF supervisors
who are in the majority, have employed Post
master w f. Scripture Of Rome. and j. |. Sayles,
also of Rome. to defend them. All three oil the
LAWYERS who have gone into the case were ID
Rs,bester on last Wednesday, Wien Nlillam A.
Sutherland ma his powerful argument III III"
Suurene Court there. before Judge Ruusey, against
the law. Mr. Cookingham will follow ABOUT t'e
same line of argument in supporting the con-
,titutionality of the cerrymand"rng act as WIS
taken by c. D. KieLel, the City Attorney OF
Rochester.
The other side will follow Mr.. Suthcrlands argu-
men. IN the main. but will ny more stress
unon one point which was not taken up at great
Iepeth hy Mr. Sutherland This point is III re-
card 70 the calling of the extraordinary session
Of the LEGISLATURE while the regular session WIS
SIN alive 1t has been held that the Governor
has no power TO call the Legislature ooge'hci
before the Lieutenant Governor in the Senae anu
the Speaker In the Assembly has declared oud'
the respective branch Of the Legislature over
which he presides is adjourned sine de. lhS j
held to bc true because up TO that time poVI
bous~e could reconsider the resolution In Whlch
they concurred providing for an adjournment uaF'
and if some unlookcd-for business should happen
IN co,pe m the life Of the Legislature would DC
cxtended until IL had been transacted Governor
Flowers notice calling the extraordinary session
of the Legislature together was sent to the SENATE
and the Assembly a few minutes before the al
iournment Of the regular session. The call dld
not then state the nature of the business 1of
which the Legislature was % he again cohNeheu
hut said merely that matters OF Importance re-
oujred the extraordinary session One weIl-kn'wh
Judse has held already that the Governor hal no
mover TO order an extraordinary session OI tie
fngislature while the members were sllll AT WORK
ON the regular session. o..
Another pont which will he raised by the at.
torurys for the Beard of Supcrysors VIII be IilaI
one which Judge Rumscy Himself TOOK up driins UL
the argument before him IN the supreme court
ON Wednesday last Under the 'oi.N'ltuNoh "
snnortionment law must he passed at the neNt
session after return Of an enumeration anu -,
argued by the Judge, an eXtraordlharN session. ~
In reality tie next session Governor couiu y.
cnre the de feat of a Teapportlonincht by SIMPLY
lin the legislature together 10 act upon Some
other subject than the app0rtionncnt.
Governor Flower has called Fpeclal session a.. VI
Pho General Term Of the supreme Noufu Oh .nc
f;f,b division TO meet in Buffalo on August %;
II ts highly probable that the "eneral lelu Nh
then b. called upon TO pass upon 'ie c5 colS5 W., :,
tiopality Of the serrymanderIng Ia" luSrau VI
waiting for the regular session oi 'he "cHe''i
Term in September