New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-03
CITIZENS WITHOUT REPRESENTATION.

CITIZENS WITHOUT REPRESENTATION.
Now that Justice Patterson has decided that
the New-York Board Of Aldermen acted legally
in refusing to include the territory recently an
nexcd to the city in their apportlonment OF the
new Assembly districts, the residents OF 'hiS
disfranchiscd region will have to turn in some
other direction to attain their not unnatural an
Milton 70 be represented in the Legislature OF the
State and to have the privileges when usuah'
belong to citizens Of this Commonwealth a ue
cision overriding the action OF the Aldermen anu
compelling n new apportionmentwoun h"'e o'''.
welcomed not only by the interested peopie Vi
the annexed district. but by those who hopeu '''''
a reconsideration by the Aldermen might result
In LAYING out district lines with less dscriiiilll'
tion I'm favor OF Tammany ward leauers but
the wishes OF those who seek representation anu
those who think the apportionment might nave
been more fair must depend for tnelr reailIa-
ton on the law Of the case justice fattersoh
"a decided in his views that the annexed terri
tory is by the Constitution part or the NNiiu
Senate District, the rest OF when Hes IN west
chester County and that the inclusion OF II III
a Ncw-York Assembly district as part OK the
XXIst Senate District would have been Viola
ton Of the fundamental law.
This decision does not give the aggreved cl'i-
zens a chance 10 vote for members of the Legs
lature. but it suggests way for them to obtain
that right. Action in line with the hint that they
belouc in the XXIId District Is what some peo-
ME who remember what took place In 1913
when the country beyond the Harlem was added
to the city, would have advised instead OF tle
suit which has Just been determined adversely
In,
theory that TO be a part of the city OF New-Iork
FOR one purpose was TO be a part for all purposes
recorlless Of constitutions and appointments
concluded that the opposite course was prefer
,h,c There can be- no doubt that the nhab-
ians Of the district just brought WITHIN 'ne
civ limits have just claim to vote for Senators
and AsscmbyIncn, and the FAILURE 10 'heiu"e
them in the apportionmcnt was wrong. but
TN, body 10 look 10 for the redress or that wrohS
f. the Board " Supervisors Of the county or
Westminster rather than the Aldermen OF 'he
city of Ncw-York and there i good reason 10
hope that the courts would uphold the rlSh' "f
representation by enforcing as the natural anu
logical method Of obcying the Constitution. III
case where the Legislature failed TO take spccihc
action the same principles when the l"s'S-
lafurc at the time OF the former enlargement OF
the city boundaries took pains 10 cmbody INTO
= drtuii. law In the first section OF chapter
Gl3 II the Laws Of 1873. which provided TOR the
"anncxaion OF the towns Of Morri>ana. west
EARNS and kngsbridSc. in the county of west
..,lSicr Ia the city and county OF New-iork,
ar. found these. words after the declaration lhit
I'm. territory be- constituted part Of the city
and county Of New York: Except. however.
~,h,f until consiiiiltOnally and legally changed.
~s1iI territory shall continue to be-. for the pur
.n,... ~ ,r,.tluy 4 member Of Assembly. 4 part
"or the Ist Assembly District Of the county OF
"Wcsichcstcr: for the purpose Of cl"clins a Sen
~a,or a part Of thu Nih Senate District of the
state Of New loik.
That clause. in the law recognized and met al
most exactly the condition now cNsilng Legs
latly. districts had been constituted ana could
moi then h.. coestituiionally changed. 80 me co""
+, lines were changed in every respect except ~
far a. WAS prevented by unalicrdblr district
/ lines senate Assembly. Congress ana Judi'ai
- for th.. last twD ~ which provision was also
made. This v,-if we have a piece "f territory put
| hy IA. Constitution in The NNlld Senate DIS
t,i.. af.l being - disposed. transferred Tor
ordinary municipal purposes from III" county "i
| W..,ch..f.r 10 ia, county ~ Ncwlork mat
legislative act can In no way alter the Senate
districts and the territory IN question * aS much
, mart - the MILL District as it was before the
act WAS passed II Is true that the Assembly
districts were not determined when annexation
took place. but The Constitution * specific IN
compelling Assembly districts 10 be entirely IN
one Senate district. and The only WAY IN when
| il can be- ohcy,l j. 10 include this disfranchiscd
section in one OF rhc Westminster Assembly dis
tricis II Is nonsense to talk n putting II III Il
New York Assembly and Wcstchcsier Senate
district. and the Constitution has hArd lis pace
In voting for Il member ~ the upper hous" Inc
citizens Of this newest part Of New-lork shouih
bring action 10 compel the Westchester super
yIsors 10 share with them their representation
A. they did with those who were taken into the
city twenty-five years ago. 1t Is difficult TO see
ON what ground representation there could be
denied them.