New-York tribune., 1918-01-26
New Apportionment of
Congress Districts Here
Illegal, Is Charge
Will Seek Court Writ
Sneaker Clark Urges That
the Vacancies Be
Filled

Robert L. Luce, counsel to tnc ex-
..nt;ye committee Of Tammany Hall,
oster consultation with Thomas f.
Smith. secretary OF Tammany, and
yohn II. McCooey, Brooklyn Demo
ratio leader, said last night that
writ would be asked for in a few days
from the Supreme Court restraining
thc Board of Elections from proceed
;rr with the holding of The special
Congress elections called for BY Gov
eruor Whitman, on the ground Of the
rnconstitutionality of the new appor-
comment Of Congress districts in the
City of New York.
The special elections to fill vacancies
in the 7th and Sth districts in Brook
lyu. the 2lst in Manhattan and the 22d
in The Bronx is called for March 5.
Interest in the election is greatly
heightened by the fact that it is in
tended to pass the necessary legisla-
top ST Albany to enable the women TO
register and vote.
The cost Of holding the election in
these four districts will. be about
$3.50 O00 ard Governor Whitman at
first was inclined to refrain from
calling the election, until Speaker
Champ Clark wrote him urging that
the call be issued at an early day.
Attorney General Lewis has advised
the Governor and others that the cleo
,ion may be held in the districts as
apportioned by the Legislature i'll 1917.
The new districts are radically differ
ent from those when the elections
we're held two years ago, and under
the new apportionment the Democrats
stand to lose the district in Brooklyn
represented by Daniel j. Griffin and
by Murray Hubert, now Dock Com
missioner. in Manhattan. The pos
sible loss OF these districts is giving
the Democratic leaders much concern.
in Tsmmany Hall the feeling is strong,
because the new apportionment throws
Representatives, Peter j. Dooling and
Thomas T. Smith into one district.
This fact, perhaps more than any
other, has prompted the Tammany or
eanization to fight the new apportion-
ment. When seen yesterday Mr.. Luce
said:
1--WE are prepared to give our op-
ponents battle over the new appor-
tlonment We believe that it is bad in
morals as we'll as law. We shall take
out writ restraining the Board of
Elections from holding the special
elections on the following grounds:
We question the authority for hold
'ag the special Congress elections in
the new 1917 districts on the ground
that the vacancies occurring and to
Ill which the elections are to be held
are those in the old districts and not
in the new; that tho mere numerical
enumeration CT the new districts is
insufficient identification to warrant
holding an election TO fill vacancy
which does not, exist.
That holding the elections in the
new districts otfends Subdivision 3 of
Section ] of Article / Of the Federal
Constitution. which requires equality
Of representation.
That it leaves unrepresented those
portions and citizens of the old dis
tricts which are not included in the
new districts.
That it gives to those citizens resid-
Ing in the new district, but outside of
the old district where the vacancy oc-
ours, the right to vote for two Repre-
sentatlves i'll Congress, although the
Federal apportionment act itself pro
vlded that Representatives should be
elected from Single Congress- districts y