New-York tribune., 1908-07-30
APPORTIONMENT ATTACK.
NesS Yorker Calls 4ct of 1897
Unconstitutional.

Albany. July 2s-An attack on the constitutional
ity of the legislative reapportionment act passed
by the Legislature in extraordinary session last
summer and signed by Governor Hughes was insti-
tuted in the Supreme Court here to-day by Alexan-
der T. Porter of New York. Supreme Court JUS
tice George A. Fits issued order on Porter S
application directing John S. Whalen as Secretary
of State to show at adjourned speciai
term, be held in Albany Friday, July 81. at
1890 a. m. why a peremptory writ of mandamus
should not be issued directing him to order the
election of Senators and Assemblymen to be held
under the apportionment contained in the constltu-
ton of 1894 The ground upon which the attack is
based is that there was no power in the Legisiat-
to pass apportionment at an extraordinary
session.
In the affidavit on which the proceeding is based
Mr.. Porter who gives his place of residence as
No. $50 West 50th street. Manhattan by his attor-
ney, Assemblyman Frank K. Johnston alleges the
reapportonment act. which is Chapter III of the
Laws of 1907. to be unconstitutional and void with
special reference the 18th Senate District as de-
fined by Article III, Section g. of the constitution
which he alleges the said Legislature at an ex-
traordinary session thereof attempted to change"
and 'in which Senate district deponent has resided
for than the last six years.
The affidavit proceeds to describe the 18th District
as defined by the constitutional apportionment
and adds:
THE Legislature by the act aforementioned
sought to redistrict the territory above described
and heretofore known as Senate District No. II
by adding territory belonging to other Senate dis
trcts and omittng territory heretofore embraced
in the 18th Senate District that vital change
in said district attempted"
The act was passed. the affidavit goes to say
at an extraordinary session of the Legislature,
convened by the Governor of the State of New
York after the regular session thereof had ad-
journed, contrary to the provisions of Article g.
Section 4, of the constitution of the said state
which provides that Senate districts should be al
tered by the Legislature the first regular ses-
sion thereof after the return of each enumera-
ton Of the inha bitants of the state.
AS deponent believes enumeration of the in
habitants of this taken in the months OF
May and June. 1906 provided in Article 8. Sec
ton 4. of the constitution. and the first regular
session of the Legislature did not pass any legal
act organizing altering the Senate districts as
provided in said constitution. but on the contrary
passed act attempting to redistrict the Senatoria
districts of this state by act numbered 431 OF the
Laws of 1906, which unconstitutional and
void and declared by the courts Of this
state
AS further basis of complaint, ''deponent is also
advised and believes and AYERS that the said CHAP
727 the Laws of 1907 is unconstitutional and
void for the that it attempts to enjoin the
counties of Richmond and Rockland In the I'D SEN
District, although said district thus attempted
be organized is not compact, nor does II consist
of contiguous territory contrary TO Article g. Sec
ton T. Of said constitution
AN order to show cause is desired" the affidavit
says in closing because said notices are required
to be issued by said Secretary OF State on or be-
fore Monday August g. 1903, and there is not suf-
fcient time to allow the deponent to serve the usual
notice of motion of eight days.
Frank Johnston Mr.. Porters attorney. is a mem
her OF Assembly from the 18th Assembly District
of New York County, and elected as the nom
inee of the Independence League.
Saranac Inn n V, July Ex-Governor Hughes
was informed to-day of the proceedings begun py
Alexander T Porter, of New York, TO set aslue
the apportionment act Of 1907. The Governor de-
clined to comment it in any way