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HIGHLY IMPORTANT NEW YORK SUIT Attack that May Result in Invalidating the Hart Agnew Law Is Made New York July 31 An attack upon the consti ¬ tutionality of the legislative reapportionment act passed by the legislature of Now York in extraor ¬ dinary session last summer and signed by Governor Hughes was instituted iu the Supreme Court at Albany last Wednesday by Alexander T Porter of New York Supreme Court Judge George A Fitts issued an order upon Porters application directing John S Whalcn as secretary of state to show cause at an adjourned special term to be held In Albany July 31 at halfpast ten 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 constitution of 1S04 The ground upon which the attack is based that there was no power in the legislature to pass an apportionment at an extraor Unary session This case has a direct bearing on tlie racing situation in New York If successful It will it is held invalidate the special election by which Governor Hughes secured the senatorial vote that passed the IIartAgnew bills In that case it may be held by the courts that the law in question is void and the PercyGray law still in force
