New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-09
PRICE THREE CENTS.
APPORTIONMENT SET ASIDE.
AN IMPORTANT OPINION BY JUDGEo
HERRICK AND PUTNAM.
JUDICIAL INTERPRETATION OF THE NEW CON-
sTITUrIoN's ANTI I-GERRYMANDERING PRO
yIsIoNs-srRrcT CONSTRUCTION OF
THE LAW NULLIFIEs DIvI-
SION OF ST. LAWRENCE
lyaon THE RrouL,p CORRESPONDENT OF THE rRrsuNr.l
COUNTY.

lFPON REGULAR CORRESPONDENT OF THE ThiSo"HS
Albany Dec s--The apportionment OF TINS
Assembly districts OF ST. Lawrence County has
been set aside by the General Term or the ou'
preme Court Of this the Third District JUDGES
Herrick and Putnam giving the decision, ana
to-day Judge Herrick gave out his important
opinion in the case. which. If sustained by the
Court or Anpeals IL likely to be the law Of the
State in regard to apportionment until the Con-
stitution itself is revised.
INTERPRETING THE NEW CONSTITUTION.
The opinion Of Judge Herrick is OF special I'M
portance because 1t interprets tn, new Const'-
tuition and Ii attempts to stop legislative gerry
Wandering. Judges Herrick and Putnam con-
strue the commands Of the Constitution In tho
strictest manner They overthrow the appor-
tionment OF ST. Lawrence County because. In
their Judgments lis two Assembly districts
could have been more evenly divided on the
basis of population St Lawrence County mas
two Assembly districts, the boundaries or WHICH
were defined by the Board OF Supervisors or the
county in June Both Of the districts are so
largely Republican in their proclivities that the
question Of their political character ala ho'
enter into the dispute over the apportionmeh'
in the courts In fact the conflict in the courts
over the apportionment apparently RACES De-
tween two bodies Of Republicans.
The Ist Assembly District, by the action or the
Board Of Supervisors was made TO include
towns containing 1852 population, while the lio
Assembly District was composed or towns nav
ing population of 1896. The difference Oh
population IS thus 7l6. At first sight. wneh one
considers the wide disparity In popuiaioh VI
MANY Assembly districts under the old appor-
tonment of the Legislature, this seems d sna'
difference but there were eminent citizens or
rbn nninf
apportionment could have been made that wouid
have created Assembly districts far more equal
in population.
COULD BE MORE EQUALLY DIVIDED.
Judge Herrick in his opinion granting re-
apportionment thus summed up the case VI
those who asked for another division OF inc
districts:
The re.ator applied for order to compel tne
Board of Supervisors make another ana dnssem, n
aireadv made is unconsttutional that the county
can be more equally divided. and that that py[a.S pSa
wbch from their location. may be included in either
Of two districts shall be so placed as 70 MAKE sa,a
excluding aliens has been disregarded. and ne
claims rs that nss Dd e 6 yaTiey 0l whch viii
nearly equazc the population OF the two districts
''' To- i9strste' the towns OF Madrid and Hermon
the fnS line ns nermo6 lae IN II.
OF l66 II Madrid IS placed IN the Ia DlsrS, S s,a %
ist District OF 1896 and for the I'D Of 4o252 dii,
feTsGce of H. H. na Of 6s s
Hammond, Macomb. De Puyster DE kalo Canton
Rr@on and ths d 81
in The n "a ns the Of b ia pe sf ee & making
difference in population OF 49, An @ examination sbo bsf st
hf o S % s .rSt made e1ny up
tiguous territory, and as compact as the division
made by the Board OF Supervisors. which is now
he
have given these two simply as illustrations.
With the table Of IF w aaa Sy at it Will be
seen that a variety OF others be made by which
fSnei ad na e dference Of population between
the districts had than under the present diysIon M
bar is decided Is perhaps Of no particular mpT. or
apportionment article OF the new Constitution. it be-
comes OF great Importance that II be decided upon
one for a demonstration of the proper principle to
be applied in cases of apportonment under the new
how St. Lawrence County is divided The same po-
tricts no matter how they are made up.
STRICT CONSTRUCTION NECESSARY
Judge Herrick then argues that the new Con-
sttution imposes on the courts the duty OF de-
Gliding upon questions of legislative apportion-
ment with far more strictness than before its
adoption in 1894. He points out that new rro-
visions have been added to the Constitution
which greatly limit the lines Of action OF
Boards Of Supervisors when they come to settle
upon the boundaries Of Legislative districts.
Boards Of Supervisors under the old Consti-
tuition had great discretion in the matter. The
courts had even refused to set aside a
division Of county into Assembly dis
trcts where the differences between the
different districts in a county were up
ward Of 5000 The Constitutional Convention
of 1894. however, as an examination OF its de-
olal Fa1 a
abuse OF their powers by the Boards OF Super
vsors, and % prevent Legislative gerryman-
ders. The new Constitution framed by II. as
Judge Herrick declares, shows an evidert
intention to reduce the discretion vested IN
the LEGISLATURE. and In the Boards OF Superv!s-
ors in apportioning Senators and Assembly
men to a minimum. He contrasts the old
Constitution and the Constitution, TO re-
veal the change made In regard to the meth
DDS to be followed in reapportioning the Sem
ate districts and the Assembly districts in
the future.
A MISSISSIPPI ILLUSTRATION