New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-03
THE ALDERMEN SUSTAINED.
JUSTICE PATTERSON UPHOLDS THE RE-
IMPROVEMENT.
HE SAYS THAT THE BOARD COULD NOT HAVE
INCLUDED ANY PART OF THE NEWLY An
NExEp DISTRICT IN ANY ASSEMBLY
DISTRICT OF NETWORK.


DISTRICT OF NETWORK.
Justice Patterson. IN the Supreme Court, yester-
day handed down decision sustaining the Board
of Aldermen in It's reapportionment Of the city
Tho decision was rendered upon the recent app!lca-
tion OF Augustus NJ Field for a peremptory writ
of mandamus against the Board of Aldermen, TO
compel it to reconvene and Include IN the appof-
tionmen the territory lying within the incorporated
villages of Wakefield. East Chester and Williams
bridge the town of West Chester and portions OF
the towns Of East Chester and Pelham
Mr. Field alleged that he was duly qualiheu
elector entitled vote for all officers eected by
the people residing within the territory mentioned
lie contended that by the terms Of an act oil the
Legislature. approved June 6. lSo. when act 'ooN
effect Immediately. the territory named WAS an
nexed TO the city and county of New YORK On
June IT, 1885. the Board Of Aldermen convened ana
proceeded TO divide the city and county OF New
York into Assembly districts as by the Cohs'i'u-
ton was directed. and the apporuonmehl 'he"
made wholly excluded the territory referred TO from
any Assembly district within the city and count!
OF New-York This territory. Mr.. Field said, com
prised 1000 acres of land. and had voting popu-
lation OF $500 and that its exclusion for the pur-
pose Of apportionment and distrlcting or the said
territory Is Illegal and a breach OF duty, ana was
In direct violation of the constitutional rights OF the
voters In the district
JUSTICE PATTERSON'S DECISION.
Justice Patterson says it is contended that the act
Of the Legislature approved June was passed IN
accordance with Article III Of the Constitution de-
clarlng that nothing in this section shall prevent
the division at any time Of counties and towns. and
the erection Of new towns by the Legislature. and
that the necessary and logical effect OF that pro-
vision Of the Constitution and the act OF the Legs
lature pursuant TO 1t, separated for all purposes
the territory annexed by that act TO the city ana
county Of New-York from the county OF West
chester, and renders inappcabe that provision OF
Article III respecting the formation of an Assembly
district wholly within a Senate district
This construction by the relator. says the Judge.
would necessarily result in holding that 1t was IN
tended by the trainers CT the Constitution to per-
NIT the Legislature at any time between January
I and June II, TO set aside and subvert the appor-
tionment made in the Constitution. and would re-
quire the Court to hold that. Notwithstanding all
the care precision and exactness with which the
all subject be undone by ,esisla,ive enact,
men. and the trainers Of the Consu1,0G sb hf na
blown away by a legislative breath. for he says
nen hnS It Of the Rsyoh ramsrs az the
make an apportionment which should be unchange-
able for ten 81 6s IS 10 say en on the part
OF the trainers Of the Constitution Is 80 wei known
that IT is unnecessary to make reference 10 II
Justice Patterson further:
1t seems 10 me that the provision or Secton
of Article ILL., respecting the liyision Of counties;
% ave be and as as IN M
annex a portion Of Westchester County TO the city
and county Of New-York. for all governmental and
political purposes. excepting so far as Senate and
Assembly. and perhaps judicial representation are
will allow both provisions Of the Constitution TO
stand but will undoubtedly present the ,dre that
the voters in the recently annexed district would
vote for Senators and Assembym men with the voters
OF Westchester County. instead OF the city ana
county OF New-York But there Is nothing move!
or unprecedented in that situation II Is precisey
the one that existed with reference 10 the nrs an
nexed district OF the city and county OF New-lork
for many years; for. as late as 1892 the twenty,
fourth Ward OF the city OF Network was united
with the counties cf Putnam and Westchester IN
the formation Of the XVIII Senate District an, ana
II seems TO me that this result was the one whlcn
in contemplation by the trainers Of ih 1 Con-
st,tuion when these provisions OF Article III were
sdopted and submitted 20 the people. For these
reasons. am Of the opinion thai the acton -. %
the Board OF Aldermen now under review Was
right and that they had no constitutional! authority
10 include the territory annexed by the act OF June
G. 1855 in any Assembly district OF the city ana
county OF New-York -..--