The sun., 1893-04-12
KINGSCOUNTY ASSEMBLYMEN
.ur tpPORTIOyMEHT UNDER WHICH
THEY WERE ELECTED JNvAJID
rb. Court or Appeals So Decides, and Orders
the Supervisors 10 Make n New Appor-
,t,,pcnt-The Hepubtcans Are Elnted.

r,. Court or Appeals So Decides, and Orders
,,. Supervisors TO Make n New Appo--
,tormcnt-Tbe Republicans Are Einted.
Tho politicians In Brooklyn were much exer-
.is,d yesterday over the news from Albany
Cha, the Court OF Appeals had rendered de-
.I.ion sotting aside tho assignment OF the
.;ebte.n Assembly districts in Kings county
,nnde BY the Board OF Supervisors last year.
nnder the new Apportionment bill. and grant
inr n mgndamus for new assignment.
i-,dor the old law Kings county had only
trelye Assemhlymen. Six more were added
nv the new Apport!onment law.
The Republican managers were opposed to
the manner in which the districts were laid
out by the Supervisors. and an action was
brought in the supreme Court in the name Of
Col. Andrew ID. Baird to compel them to make
new arportionmcnt. The lower Court de-
cided against Col Baird. and the judgment
was snstained by the General Term. At the
election which followed the Democrats carried
seycnteen of the districts. and only one Re-
publican was elected. This was in the Fifth
district. The Sixteenth district was naturally
Hepublican by an overwhelming majority. but
,h,. Democratic candidate won. owing to the
hitter Republican faction fight which pre-
vailed and the appearance OF an independent
candidate in the fold. These. however. were
the only Republican districts in the county.
The Republican contention was that BY
fair spportionment on the lines Of population
they would have had at least four Republican
districts and u fighting chance In two or three
others Ex-United States District Attorney
johnson carried the case to the Court OF Ap-
peals. and yesterday the decisions Of the low
er courts we're upset and new redistrictinR
ordered. These arc the main points In the
decision. which was written by Judge Peck
ham and concurred in By all his associates:
section as calling Tor u division into districts
6ahanls. regard being had to other pro.
vision as to the division OF districts. that they
should contain n. as nearly as may be. an equal
as Q havo no doubt. 1t was thought to be un.
necessary in consideration, OF the language Of
the rest Of the , see1l2n son and we agree In that
wholly without signficance.
I'VE are unable to believe that there was
ment. Of 1874 to inaugurate either u new the
ory Of repIesentati9n by counties. or to leave
saafas o o% as Ssy
constituted district OF convenient. contfeu.
Sns as do nos sss
intend ' iy this decision to hold tina. every
would Justify or warrant an application to a
court for redress. such. we think. is not the
meaning Of the provision: II mus. @ be u grave.
The standard. so that when the facts are pre-
sented argument would not be necessary to
teniionaIiy provided ior. This Is Q. near. an
At. sn nS~ Ss % S sls s section
deaty IN IN coming s s to the the % that the
county into Assembly districts cannot be re:
gerded asa com plianre with the Constitution"
thing IN 10 Be done in this % ease is to make vaid
Districts. All the citizens are Interested in
iormance, does not involve any discretion.
It must be done; The manner. Of the per-
The court only intefieres to compel tho per.
iormanse; In This case Sc, We hold that the de.
rests upon them: Just the same as il they had
have have done IS utterly H void and Of no effect VIZ
csn only interfere SO far as to direct them to
as6 n des na
The claim MADE . BY the cSG1ss ',,sL for the ap-
i sssss q the alleged Division Of the town.
They claim that certain wards in the city |
the county q Kings, and cannot be divided.
We DO not think in this rcspect there is Just |
Gs nesd not NOW Se
we hold the division void on other grounds,we |
do not further discuss the sunject. |
~ The orders OF the General and Special |
Terms must be reversed and the motion for o |
nandamus granted without costs against the |
deendants The terms Of the order. II not |
agreed upon. will be settled By this court. |
Upon motion all concur"
The estimated population Of the various |
districts as at present arranged 10 ms follows:
lirst. 34OUO: second. 10000: Third, 5000; |
Fourth. $1,000: Fifth. 1O3.COO: Sixth. 81. 900: |
seventh. 3LtOO: Eighth. 81. COO: Ninth. 81. 900: |
Tenth. $4,000: Eleventh. $1,000: Twelfth. co. |
ON Thirteenth. 47.UOO: Fourt eenth, g2Otyj: |
fifteenth 5l.OOO: Sixteenth. $4,000: Seven
tesn'h $4,000: Eighteenth. $4,000.
Corporation Counsel jerks was very much !
Sqrprised at the action OF the Court Of Appeals. |
He said:
1T looks ms though the Court of Appeals
% must have construed tho Constitution beyond
Mr. Johnson said: "I regard it as a great
Incory or tho Republican party. The acts OF
fhe ire.ent REPRESENTATIVES arc doubtless |
l.sali y, whether wn9t they do hereafter will |
,ALD.Yi. April 11.-Attorney- G General Rosen-
tl aale .aid this afternoon that tho decision OF |
thA Court OF Appeals handed down to-day de- |
Claring the reapnortionment OF the Kings |
C'nniy Assembly districts void will not in auy |
Say Affect legislation passed by the present |
legislature, "f which the Kings county legis- |
be.s.