New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-03

A DEMOCRATIC ATTACK on THE NEW
CONSTITUTION

TACK THE VALIDITY or TIE ACTS or THE
CONSTITUTIONAL CONVENTION AND THE
NEW APPoRTIoNMENT OF SENATE
AND ASSEMBLY DISTRICTS
TBY TELEGRAPH TO THE TRIBUNE
Albany, May 2-L6a ling X pun icans mere h''e
a suspicion that the Democratic state Co"''i"'-
tee intends to test In the courts the iesa''! u.
the creation Of a Senate f fifty members and
an Assembly Of $50 members. which Will come
into Office in 1896 and also the constitutionalty
of the Constitutional Convention or lS'f IL i
expected tina, the Democrats VII make test
case when the Board OF Supervisors Of THIS
county and other counties meet in June TO re-
apportjon the Assembly districts. The conVeh-
ton reapportioned the Senate and Assembly ds-
tricts. and the people approved of It's action ny
adopting the Constitution at the polls IL Wou!n
seem rather late therefore. for Democratic law
yers to appear before the courts ana ATTACK 'he
legality Of the meeting Of tho Constitutional Con-
vention Of last year
The attack on the new Constitution has been
revealed by the serving Of papers on the boor'
OF Supervisors Of the county Of Albany, declar'hS
that an action has been brought by CharIeS r.
Herman against them These papers were served
by d. NJ. Kellogg attorney FOR the plaintiff OF
NO. Warren-st.. New-York.
David b. Hill says he knows nothlNs aDo"'
Kernans proceeding. James NJ. HinckleN' chaf-
man of the Democratic state Committee was
here to-day Possibly he knows something aoou'
IT, Whether similar proceedings are a.so 10 %
hagur IN the other fifty-nine counties Of the
State IS not disclosed.
The legal argument put forward by h'i''""
in his papers is that the Board OF SuperNi'o'S
of Albany County which convenes on the sec
making an apportionment OF the county INTO
Assembly districts. has no power in the
nremiscs and in support thereof the plalntili
SETS m twenty facts or points. He holds 'ha'
(,banter 39s of the laws Of 1892. which provided
for a special election to be held in February
1893 for .he election Of delegates TO 'onatl'n-
,ional Convention to be held in May, le''' WIS
unconstitutional, on the ground tha' the pas
sage of the law should have taken place III INC
year 1887 the year next succeeding the a'nri""-
tive vote Of the people In favor ~ the h"l"'"e
of a convention. The unconstiiutlonahN ny
plies equally to Chapter Of the laws "i lN'''
which m, off the election Of delegates 10 tn"
convention To the time % the general election
in 1899 and the convention To May. lN'i
Kernan further asserts that inasmuch a the
convention did not come 10 any c'n''"-''" "l'"
,ho amendments which II would submit u IN"
reonIe un,il September 81. 1884. he revised Con
stltution was not published once week i'i 'l'' !,
months next preceding the general e'cuoh 90
,saa In two newspapcrs In the county. as pro-
,.,dod for hv the Constitution. He alsp t"'s up
that in his notice TO the County Clerks. me -,
rctary Of state did not include t'pS nl " a.
amendments 10 the Constitution orisH,s my -, ,.'
,he convention with the form OF the bAi' ~ ~
voted thereon: and further. that none g., ~
amendments TO the Constitution PROPOSE - -.
annvontion was approved and ra'ihcd py ma
to,i,v Of the electors qualified TO vote ior MEM
bers OF the Legislature.