New-York tribune., 1911-01-01
STATE OFFICIALS ANSWER.
File Reply to Reapportlonment
Suit Begun by Reynolds.
HEARING FIXED FOR JAN. 5
Defendants Say if Mistakes
Were Made They Were
Merely Clerical.

~. defendants in the suit brought by
william :. Reynolds and several others TO
have declared unconstitutional the reappor-
.to,,,,ant Of Senate and Assembly districts
,.ssad IN special session by the Legislature
-. -a-- filed Yesterday their answer in the
e,,,-a-r,e Court The Attorney General has
sesirnated Elon r. Brown 10 act with the
,,z- s-r1 Of Winthrop & Suuson N the de-
fence Of the action.
The petition Of REYNOLDS asking FOR a
-aviex Of the spportionment was fled on
November :. and various state officials were
made party respondents. The state OFF,
tails questioned The Jurisdiction ot the Su-
r-er1e court IN the matter. and on De-
amber % these objections were ovsrruled
bv Justice Amend.
T-he defendants in the suit are practically
all the persons responsible for the enact
r,.rt Of the law. including the Governor,
tie President Of tho Senate and the Speaker
.. .ro Assembly Some Of the afi1davits
sc.orpanving the answer are by the men
no furnished tha figures on which the re-
e,nortf5nwent was made Among them are
--po-rss w whittle. former secretary OF
,bA New York County Republican Com
rn,--ee. John A. Smith. OF Kings County,
s,s Henry Seuneimer of Erie County.
Saw Petitioners Waited Too Long.
The defendants in the first place allege
,ps. the petitioners are guilty OF laches in
having waited three years in attacking the
set They say that Il there IL in any dis
t-,-. an excessive population by reason Of
tbA at f. Has through the error Of clerks
-rfr ~
,nt.rtion 20 violate the constitution. Smith
declares there IS no foundation that in
some districts the appcrtionment was made
20 divide them according 10 the nationality
o. the voters As 20 the question OF the
surplus. population o. Westchester. the de-
fsndarts assert the county is not entitled
70 tTo Senators.
William r. Tunv says that the appor-
-fonnent II the upstate districts was az
ranged with regard for the convenience OF
travel Tioza. Schuyler. Chemung and
Tompkins counties, for instance, being
grouped together. The latter statement is
confirmed BY AsSemblyman Edward A
Merritt. f-. TIE case Will como UP for q
rearinr before Justice Amend on Janu-
a-y
Former Mayor Low. Isaac y. Seligman.
Frederick ". Whitridge. Felix NJ War
burg James 3. Sheffield. Charles y. Strong.
p. Tecumseh Sherman, Chase Mellen and
William ". CEad5ourne as a citizens COM
r0Ittee received permission yesterday from
Justice Amend 70 become parties respond
cit in the matter Of tho petition 10 have
declared unconstitutional and void the ap-
po-tiCument act
The Low petitioners say: Believing L
20 be 20 the public interest that an ap-
ro-tionuent once made by a Legislature
OF the state should not be set aside or de-
cls-ed invalid unless such apportionment
be contrary to law and believing that the
questions involved in this proceeding should
be presented 20 the courts from the point
% view Of citizens generally. irrespective
of particular public officials made parties
respondent in such proceedings, your Pc
fit,ove~s have associated themselves as 2
committee OF citizens for the sole purpose
of presenting 70 the court the questions in
voIved in the above entitled proceedings.
20 the end that II said apportionment shall
he found 70 have been properly made in
accordance With law the same shall
hs upheld and sustained. and your petition
e-s as such committee have organized by
the selection of your petitioner Seth Low,
rs chairman. and the petitioner, William
" Chadbourne, as secretary, thereof
The petitioners having received pernis-
sion 20 come into the matter, they Will
spresr IN the Supreme Court on JenU-
s-v &