The evening world., 1895-07-02
NO MANS LAND LEFT OUT.
Annexed District Has No Voice In
the Neat lcgIsIntmrc.

Judge Patterson, In Superior Court, to-
day handed down a decisi u upholding
the action of the Board Of Aldermen In
the reaprortionment OF the city into As
sembly Districts.
He says:
am Of the opinion that tho action u the
Board Of Aldermen va, right. aud that they had
no constitutional authority to include the terri.
tory annexed by tn" act OF June 6 1895 IN any
Assembly district Of the ,ity and county Of New
York.
The case before the Court was an np-
plication OF Augustus NJ Field, one of
he Supervisors of the town of vest
chester, for writ of mandamus 80
compel the Board of Aldermen OF New
York city to recunvcnc and rrappurtlon
the city In Assembly districts no as ~
tion OF Wcstch.strr which was annexed
to the city by the Legislature.
IL was claimed that the annexed dis
trict, while reorganlzed as "A part OF
the city of New York. so far as the
administration of It's affairs liz con-
cerned. was not provided for IN the ap-
purtIonment of Assembly diatricts and
consequently viii be without represrn-
The Westminster authorities refused
to include tn" district IN their Assembly
district on the ground that II was a
part of New York. ana the NV York
Aldermen commended that they had no
right, under the Constitution to change
the lines OF the Assembly districts 80 ns
to include the disputed territory.
Judge Patterson says the Constitution
provides that no county shall u" divided
IN the formation OF IA Senat" IL trict, OK
cept To max" two or Nor" Senate DIS
tricts wholly In the same county. 10
include tn" annexed district IN a New
York County Senate District, II would
be necessary to divide Wcstchester
County AZ II existed on J an. |, lhv5. and
to have don" ~ would have been con.
trary to the Constitution.
The debatable land was included In
Senate District ", which was created by
force OF the Constitution and the effect
of Of bringing It into ,, New york ,,;a Aas-m IN
Twenty SECOND Senate District.
The constitution fixing the Senatorial
districts went into effect Jan; !, lDb
to New York city was signed hy the
Governor on Jane 9. Said the Judge:
Thus far. ard II M other elements were Involved
In the discussion, !, 4. ob'ions that ID" Hoard Of
Aldermen were prohibited from including the an
nesed territory In their Assembly npporl'nr'ont
The territory Of wes'ches'er County could not be
divided 40 an to take any part from II in forming
another Senate district not Included within the
boundaries Of that countv
Tn. constitutional scheme relating to the ss-
tAbiiAhment Of senate districts can he main
tatned without standing In the way of the di-
vision OF counties by the Legislature for the
sstahli ishment OF towns The division of counties
must be considered as allowing tho Legislature
to divide county as IN the present case for
all governmental and political purposes except.
Ing ~ far as senate and Assembly. and prrhRps,
judicial representations are concerned,
The result Of such Interpretation will
allow both provisions Of the constitution H.
stand. but viii undoubtedly present the feature
that the voters In the recently annexed district
would vote for Senators and Apssmblymen with
the voters of Westche-ter County Instead Of tn.
city and county of New York. This is the situa
ton witch existed In the nrst AnncNed Dls,ric,
)cark.