New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-28
THE ApPoRTIoNMENT QUESTION.



PATTERSON
Areufnen, was be-un In The supreme Court.
Chamber before Judge Patterson. yesterday
afternoon on N. order obtained from him ana
served on tho Board Of Aldermen. requiring them
to show cause Why a p"rcrnpiory mhhdAinus
should not De- ISSUED compelling the board to re-
convene and consider the Assembly apportionment
o..thc City and 10 take In as part OF the NAlst
senate pis.ric, ,he Wes,chcstcr County territory
recently ADDED TO the city \. \. Fled. OF the
county - Wcsichcstcr ,at'y Supervisor 'h'r" OBJ
ininei the order. n" was represented hy Mr. Horn
blower and the city Vas represented "y corpora
,,oa Coun--, Scott william j.. Guthri" repre-
s.nfol number q citizens IN III" annexed district
who az, opposed 20 ~, annexation 81. made.
After r.lIns articles OF the Constitution rc'ai-
ing - tac r.apportionient. Mr Hornbow"r said
,ha, The Board OF Aldermen feepportoncd the city
on Jun. H. nvc days after he Governor had signed
an a. nnr"Ning part OF Nc-ich"si"r county 10
the city. The Board OF Supervisors Of West
chester had refused TO ayportlon the annexed dis
trcr rs Il part OF the NXld Senate District, under
iho Impression that the act - NJ Legislature was
constitutional and tha' IA" district was 30 al. IN
tents and purposes a part - the city ~ Ncw-f ork
The board - Aldermen 81 WORK. whit" con
tending thar the Annexation act was effective so
FAR AS II related 20 the administration Of the AZ
(nira II the annexed district yet held IL Was IN
elective 50 fnr as i transferred par ~ the
N
rtc, In other words Mr.. Iiornbiowcr said II was
I'm m. city with or, foot and ont ~ ~ with tn"
other Mr ,uthr'" h" said who represented Ger
tain citizens 81 the ANNEXED district contrnd"i
,b,t n. act was unconstitutional and had an ap-
rl,otlon bending before Judge Dyckmin where the
nrrufncnt was made asi week 20 compel tie Su-
p.rv.,rs OF Westminster to reapporon tn" district
so as 20 include II IN the XNIid senate District
MIR IIornblowcr conicnded that the act was con-
s,lfntional and that the Legislature had intended
10 make the annexed district part ~ the city In
every respect that the citizens Of the district were
cn,iflol 10 representation In the Assembly and
.b,. .,.h r.pr.s.nfatlon should b" obtained by In
clnding Them IN the XN1-i senate District
The annexed district mas l3VN inhabitants ana
Of IN. NXIs; senate District would max" ina,
district larger than the Nlllih senate District ana
max. the latter district The smallest IN me cry
As the smallest district IL entitled TO but TWO ~
would Ire decreased from three 10 two Assembly
men and that of the XXIst increased from two 10
three This. he contended. VIII ne the eH'ct oil
! the mandamus II Il Is granted. as,
The district Mr. Hornblower said. IL called No
Mans Land because the citizens represented by
Wr Guthrie claim that the act Is unconstitutional
and matters should be as they were before II was
| passed: the BOARD Of Aldermen Van not hppor'lor
! /, and the supervisors claim That IN" net takes
part OF the district away and that therefore they
! have nothing 10 do with T..
| CORPORATION Counsel Scott contended that tho
! Legislature and the local boards cannot change
| fixed by the Constitution. lie declared that M
/ territory must remain In the NXIld senate DIS
! trct 30 far as 4, Relates to the representation IN
tho Assembly. and that three Assemblyin'n are its
proper portion as provided.
Judge Patterson took III" papers. ana. AZ ne had
/ previously announced, reserved his decision