New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-23
DELAY is THEIR OBJECT.
WHY THE DEMOCRATS HAVE ASSA1LED
THE NEW CONSTITUTION

THE ANSWER OF THE BOARD OF SUPERVISORS or
ALBANY COUNTY TO CHARLES +. KERNAN's
APPLICATION FOR AN INJUNCTION THE
PROCEEDINGS TO BE EXPEDITED.
IFRoMTH REGULAR CORRESPONDENT OF THE TRIBuNE.l
Albany. May 22-Prominent Republicans here
observing with growing suspicion the attemp;
Of certain Democratic lawyers to prevent a re-
apporionment Of the Legislature under a plea
that the new Constitution is invalid II Is not
believed that the Democratic plotters have any
confidence that they can procure from the Court
OF Appeals "A decision declaring the Constitution
an illegal instrument and the old Constitution
still In force but 1t IL thought that they hope by
prolonged court proceedings. to delay the APP
portionmcnt Of the Assembly districts. so that
II cannot be made this year. The Senate dis
trcts having been apportioned by the Con-
sttutional Convention itself. the Senate appor-
tionment cannot be assa:led in the courts. Yet
1t is obvious that. If the Court Of Appeals
should declare the new Constitution invalid. the
Senate apportioEment would be destroyed with
that Of the Assembly.
The Democratic lawyers in the case are ID. NJ.
Kellogg and Charles L. Haldane. OF No
Warren-st New-York. and the complainant is
Charles f. Herman. of this city, who was
Democratic candidate for Alderman last fall. Mr..
Herman protests against any reapportionment OF
the Assembly districts OF Albany County. and, in
his behalf. Mr. Kellogg and Mr.. Haldane on
Thursday last applied to Judge Alton H. Parker,
Of the Supreme Court. for an Injunction to re-
strain the Republican Board OF Supervisors Of
Albany County from making reapportonment
Of the Assembly districts on June H.
Arthur l.. Andrews, Of this city. who is the
p1 wi
Messrs Kellogg and Haldane In New-York to-
day his answer to their application. He argues
that the Constitutional Convention was legally
called and held: that the new Constitution was
accepted at the polls by majority of the voters;
that the Court " Appeals. the Legislature and
the Governor have all recognized its validity, and
that IL was not assailed until the present suit
was brought.
Sir. Andrews also denies that the defendants
constitute the Board Of Supervisors and alleges
that one Couchaine who is n member OF the
Board is not made a party TO the acton. ne
allegations concerning the Consttutl0hai ,on
vcntion's lack Of authority are s"veraHy u'nitu.
lie holds that II had authority 10 ST. ana 'dl 'lS
acts were approved by the people. .A
Mr. Andrews contends that 1t Is well estap-
liehcd that in a case Ike this II must be- SHOWN
IA, thn rlaintln is a citizen and taxpayer, anu
viii h.. lrreparably injured by the act whi'h ne
seeks 10 cnjoin. and that this not having p'e's
his b-iaf show that the Legislature was not pr
limited bv Section . Article Nil or the 'o, ,
tuition Of 1876 from passing Chapter OF tne LAVE
~ lsq2 providing tor the election oil u'l, 80
o., 81, .,,t.nfinn 10 revise and amend the consul
,uii.u and that the work OF the convention wa, Man
prop.rN submitted t. the people anu uu'S
# cannot believe" said Mr. Andrews to-udS'
"thai Iuir.. Parker will grant TINS ihJunS''y a.
"a. would bv doing differ. as II were VII" ~,
cnurt If Appeals. which. In It's decision III Nv, w.
r,ilva,-pass question. has already fe0vsn
m. nov Constitution Governor Morton ma 49,
,i,,nd Judges and the Mayors OF cities nav
,...I uuon bills under It's terms. IN" people
generally hav. accepted H..
.,Vvh,t II Judg. Parker should grant the "P,
,i,.,,,,n ~ the Democratic lawyers inquire"
n. rrlhnn. correspondent ,,,
I'll, mat case" replied Mr. Andrews ! shou.u
.,.,.l, T., Governor Morton to summon an ~
,,..,.li,4r, term II the General Term OF 'n' ~"
,-.n.. CONT to consider The case AT once; an"
r., fh. .ls. 20 the court - Appeals oeior' u "'
i.urus I'm June - ,,, sL .,
p...lnlv IN. Democratic lawyers VIII sem W
ala, nnai action - the matter pN thr ''ur'S
iii af,.r fh. period when the Assembly, US
49,, - can be-, apportloned. Tn" Republlcan la"
,,t h,wov.r win Try % hasten the d'ciS'oh 81
,n as. /, Judge Parker grants the inluhc'""
Judge Parker is a Democrat