New-York tribune., 1895-09-18
WEDNESDAY,
SEPT. is, 1895.
THE ANNEXATION CASES.
HEARD BY THE COURT OF APPEALS IN
EXTRAORDINARY SESSION.

rs THE NEW DISTRICT A PORTION OF NEw-YoHH
COUNTY FOR THE PURPOSES OF SENATE. AS
sEMBLY AND JUDICIAL REPRESENTATIONS
THE CoNsTITUTIoNALrTY OF THE ACT
ACKNOWLEDGEMENTS BY WILLIAM
b. HoRNBLOwER. JUDGE WILLIAM
II. ROBERTSON. WILLIAM D.
GUTHRIE AND CORPORA
TIoN COUNSEL SCOTT.
Albany Sept, i7-For the first time in the his.
tory OF the Court OF Appeals II convened in ex-
traordinary session at the Capitol to-day. 1t met
for the purpose OF determining the consttutionaiity
OF the annexation OF n portion OF Westchester
County to New-York City The appeal TO be heard
arose out of the application OF Augustus NJ Fled
.or a mandamus compel the Board OF Aldermen
OF New York City to and re-apporton the
Assembly districts OF New-York County so as 70
include the annexed part OF Westchestsr County,
added to New-York County by an act passed py
the Legislature this year The cons,itutionaiity OF
this act is the most important question to be con-
sidered The Ge..eral Term decided that the an
nexed portions OF Westchester County were not
constitutonally portion OF New-York city proper
There is also appeal from the decision OF the
General Term in the Second Department granting
an application of Henry c. Henderson for a man
damus to compel the Board OF Supervisors OF West
to one Of the Assembly districts of that county. and
also two appeals from decisions denying an appi-
cation for an Injunction against the police auhori
ties of New-York City to restrain them from IN
terfering In the affairs OF the town OF West Ches-
ter and the village Of Wllamsbridge a part OF the
annexed territory The courts below have decided
that the act OF annexation is constitutional, so far
as I, annexes the territory In question to the city
and county OF New-York for municipal and ad-
mnistrative purposes but that the territory stu
remains a part of westchester County for the pur-
noses OF Assembly Senate and judicial electionA
THE GROUNDS OF APPEAL
The citizens Of the annexed territory repre-
sented by Augustus VI. Field who brought the
mandamus proceedings against the Board Of Alder
men assert that the act Is constitutional In every
respect: that the effect Of the act was to trans
fer this territory bodily from Westchester County
to New-York County. and that 1t was thereby taken
out of the XX1Id Senate District. which is de-
scribed in the Constitution as the County OF west
chester. and became a part OF the XXIst Senate
District which is described in the Constitution as
mar, Of the city and county OF New-York II Is
further asserted that as this act went into erect
before the date fixed by the Constitution Tor the
apportonment Of Assembly districts by the Board
of Supervisors OF Westchester County and the
Roard of Aldermen OF New-York City. It was the
duty OF those boards to recognize the existing
state of affairs. and that the territory In question
should have been apportioned to one OF the AS
sembiy districts Of New-York County. II Is con-
tended that this would be in accordance with ths
spirit of the Constitution. the Senate districts con-
tInuing thus to be bounded by county lines. IN
stead of being intersected by the dividing line De-
tween Westchester and New-York counties.
The number OF inhabitants in the annexed terri
tory is about thirteen thousand. Adding these to
the XXIst Senate District and taking them from
the XXIId would tend to equalize the districts ana
to carry the spirit Of the constitutional appor-
tionment II is urged further that 1t VIII De an IN
Justice to the citizens OF this annexed district
they are merged with New-York County for gov
ernmental and municipal purposes and remain
tackled on 10 Westchester County for purposes OK
Senate and Assembly representation
These contentious were the basis OF the argu-
ment OF william b. Hornblower VINO appeared ior
Augustus VI. Field. appellant Mr. hornoio"er
cited numerous authorities In support OF ms
positon Judge William H. Robertson, represent
ing the Board OF Supervisors OF Wes'ches,urst
County and occupying similar position 10 St:
Hornblower in the argument. was not present. but
he submitted his brief by mall
MR.. GUTHRIE's CONTENTION.
William d. Guthrie Of counsel for Henry c. Hen
derson, the plaintiff and appellant. and the town
authorities OF Westchester and the authorities OF
the village Of Williamsbridge. argued from the
ASSUMPTION that the act in question (Chapter @i
Of the Laws OF 1885 was unconstitutional in toto,
and that the Legislature could not alter county
lines for any purpose until the next apportionment,
in 1906 More specifically Mr.. Guthrie set forth
that the act should be declared wholly uncoh-
First~ft violates the provision OF the constitu;;
Westchester NHs as the XXIId Senate District. and
disregards the mandate that no county shaii Do
divided in the formation Of senate sba onst.
tuition allotting three members OF the Assembly to
the county OF Westminster. and nuhes the re-
quirement that each Assembly district shan oe
wholly within a Senate district iormed uhuer 'ne
ThirdPt violates the provision OF the Constitu
ton nhlbiting the alteration OF the eAis.s Ju'., n
Years" thereafter
FourthI, violates the provision that ,I3Sd the ,9uf
Fifth~if it be contended that some 81 q the pro-
tended by the Legislature to be applicable then II
violates the constitutional Inhibition tnat me iesIs
lature shall not pass any act provldlng that any
existing law or any part thereof shall be applicable
to new legislation. except by inserting such o'd "a"
~ Mr.. Guthrie held that the trainers Of the new
Constitution and the people VINO and
unaIterabv ~ upon the county system. That purpose
would be defeated by the act OF 1885.
FRANCIS NJ SCOTT HEARD.
CORPORATION Counsel Francis NJ. Scott. for the
Board OF Aldermen of New-York CITY. said that' IN
a judicial sense and so far az the courts were con-
cerned with its application and construction the
author,tv Of the Legislature was absolute and un-
limited except by the express restrictions OF the
fundamental law He did not understand the state
Legislature TO be restricted In It's power any more
than the British Parliament. except by the state
and Federal Constitution. Summed up, Mr.. scoue
argument was that the act was constitutional ana
that its effect was TO annex territory to New-for
County for municipal purposes. but that left TINS
territory Westchester County Tor senate ana As
sembly purposes 80 ,-,, ..,- ....-..o.
when II was expected that the decision would be
rendered but the judges announced that II was not
ready and that It would be fled with the clerk on
September q The court then adjourned until Oc-
tober I.
NEW WITNESS ~ THE FORNET TRIAL.
There was n slight break in the monotony OF the
Forn.y court martial In the Brooklyn Navy Yard
Yesterday when counsel finished the examination
OF Lieutenant Wood and turned their attention 70
Major George c. Reid the inspector OF the Marine