New-York tribune., 1907-04-20
BILL.
PPOVIDES FOR REVIEW.
Lascyers Sag Measure Might Uphold
Unconstitutional Plan.
tBy Telegraph to The Tribune ]

Albany, April 1s-Discussion Of the apportion-
rnent tangle was revived to-day with rush when
senator Cobb presented a bill outlining procedure
FOR the review of any future apportionment. SEN
ator Cobb had in mind a measure which would
provide a quick and certain method OF ascertain
ing the cOnst!tutionaty of any new appOrttonnenI
act but his bill is drawn that many lawyers
who have made study of apportionment affairsf
declare 1t could if made law, be used easily 10
uphold an unconstitutional appOrtionment
The measure provides that any future apporton-
ment by the Legislature or other body may De re-
viewed at the suit of any citizen If the appOrton-
lnent was by the Legislature, the review shall be
by the Appellate Division of the Third Depart
ment in which Albany is situated. Then follows
the section which seems likely to raise some dis
turbance:
The application shall be In the form OF a pro- -
6 neessarP I9 ra peee or Drove tnat the ocer
against whom the mandamus IS sued has refusG1
ton that In tho absence OF II judicial decision 10
the contrary. he will otherwise treat the apporton,
the performSnce rn' 20 Of '' the dulles Of bis oce
,atra Jhe SpP0rnonmTmt StraeNeG 6 m shall be
against the Secretary Of state: If the app0rtion-
ment attacked be by any other body than the Less, IS
lature the proceeding for maudamus shall De
against aga spcn officers ss The rnSs and pSaTe PTac'e OF
Many here see in this direct reference to tbs
existing appor;onment situation. Secretary Whaicn'
with the advice and consent of the Attorney Cen
erals office, has been considering many steps OF
political moment through which to attack any new
apportIonmcnt which did not meet the DEMOCRATIC
views. and has been wondering II he couldn
call election OF Senators. whether a new appor-
tionment was adopted or not. 80
Under the provisions Of this new BILL ne would
be presumed" 10 accept any new apportionmIent
5 constitutional. 1t would be easy, lawyers mere
say. for people actually friends of the new appor-
tionment to bring suit OStenslole enemies tt!-
ing TO test its constitutonalty. This would forCe
the Secretary OF State. under mandamuS. to uphold
II. in which case he would have To enlist the ana
of the Attorney General After having ranged
these state officials the defensive, IL would pc
easy enough by various legal devices TO drop tnc
case leaving nothing but decision in favor OF the
new acts constitUtionalty possible
Senator Cobb said to-day that his Dill was drawn
10 enable a quick decision on the merits or any
new apportionment be rendered. II would. ne
admitted. range the Secretary Of State in support
of the uew act regardless of his personal opinleis
and force him in face of suit 10 drop MS OJAcF
official proceedings under the apportionmenL
This measure also provides that the papers N a
suit must he filed with the clerk or the Appe4td -
Division having jurisdiction within sixty days ttIer
the apportionnent made as well as belhS
served on the officer against whom the mandaTnl5
proceedings are taken. This siNty-day provision Is
said here to put a great hardship or any ClqIrH 80
who considered appOrttonmeut unfalF 20 MN
II was pointed out that the figures on which the
Legislature based the appOrtioument last year We're
not available for five weeks after the HpportloI-
Inent act was passed and lawyer VINO drew bflyIS
in the contest said his work took several weeks
The deduction was made that II would ne almost
irnnossble under ordinary conditions 10 prepare a
CAREFUL case within the allotted, sixty DAYS There
was some talk here that If the bill became a law
tho Attorney Generals Office would contest u on
the ground that its requirements were not just OF
reasonable.