New-York tribune., 1907-04-10
APP0RTIONMENT MIX-UP
NEW ACT MUST BE PASSED.
Entire RediUisiOn of State May Be
NeceSSary-A Nezg Election.
IRv Telegraph TO me Tribune I

I
Albany, April 9-DeveIOpments in the appOr-
tionment situation to-day indicated that any
thing less than a complete redistricting Of the
state would be carried to the courts at once
Political complications in this direction are in
creasing almos, hourly. and the Republican lead
ers confronted by conditions which are
causing acute anxiety to many. The Secretary
Of State. a Democrat, aided by a Democratic
Attorney General stands ready to demand an
election of Senators next fall. either according
to the Senate districts under the apportionment
Of 1898 or a new one passed this year. Either
way there is certain to be contest, possibly
many. which viii bring the whole question again
before the Court of Appeals,
Leaders in both houses of the Legislature are
agreed now that new apportiOnment act must
be passed. They are much at sea now as
ever as to how much redstricting of the state
Will be necessary. Conferences between Senator
Raines. Speaker WadswOrth and State Chair
man Woodruff will be held some time this week
or next. which will be followed. il is expected.
by the appointment Of apportionment commit
tees in both houses 10 begin the drafting of the
new sppOrtionment bill.
Chairman Woodruff reiterated to-day his be-
lief that in the new act the upstate districts
would not have to be shifted from their pres
ent lines Senator Raiues. whose own district
hardly could escape change in any general re-
adjustment Of counties which could be cOnsid-
cred constitutional. agrees with him. Against
these opinions stand those of lawyers who nave
studied the case closely. and OF some excellent
LAWYERS in the Senate. who aver that any at
ten,nt to reconcile the present scheme. changed
- +,.o or three districts with the Court of Ap-
,oaIs decision must result inevitably in another
5ecision against the consttutionality of the new
act
II is known that no reappOrtionment which
left the Saratoga Schenectady district as it now
stands could escape challenge from ex-senator
Rrackett. The Court OF Appeals did not decide
the Westchester case technically. so that may %
considered 70 be pending in reality. one or the
LAWYERS who was active in the apportionment
fight declared to-day that the Court Of Appeals
did not take up other districts than the Rich
mond and the 18th in New York County. not
because other districts We're not as bad but be
cause the two treated furnished such striking
eVan1nles of the evil in the whole law.
This evil all now are agreed-except a Few
legislators concerned 70 keep their present dis-
tricts-cannot be cured by mere juggling OF
three or four counties into new positions. but
will have to be treated radically by an entirely
new division Of the state. And whether TINS
he done this year or not, it seems foreGOne
conclusion that there will have 10 be an election
of new Senators this fall Lawyers pointed out
tionnent were adopted, would not represent sc-
curatelv the districts under the appOrtiOnment
of 1898. while it would fail equally TO represent
anv new division of the state Any member
who chose to contest the right of the body to
pass certain act or. in the opinion of some
lawyers a suit by any citizen to test the con-
stitutionalty of any law passed by this Senate,
would raise complications without end
The situation resolves itself into one where
the choice seems to be between an elimination
of the somewhat dubious advantages gained by
the compromises which produced the appOrtiOn-
ment of 1906 and the certainty of another con-
tested apportionment. Politicians whose control
of counties would y damaged or destroyed by a
complete redstrict and legislators who might
not ba able to return TO the Legislature from
new districts are showing signs of terror at the
evident determination of the newer element in
their districts and the Democratic office holders
to force an apportionment which would tear
apart the districts as laid out In 1906
Realization Of the changes which might come
with new appropriation is spreading through
the Legislature and bids fair to be of much
service to Governor Hughes. Opposition to his
policies by legislator whose district might be
swept from under his feet at any moment does
not seem attractive to the majority of the men,
bers especially as the Governor would be likely
to have small part in the arrangement OF the
new districts and the absolute disposition Of
the fate of the aDpOrtiOnment BILL with power
to call a special session to enact another IL
the first attempt did not good to him.
Friends of the Governor expect that. as the dis
eussion of the appOrtiOnment situation affords
more light to the pOlitician-legislatOT who now
think slight changes in existing lines will make
a constitutional redistricting. the Governors
perhaps even ballot reform, may assume sur
prising popularity.