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DECISION EXPECTED SOON PRELIMINARIES VIRTUALLY COMPLETED IN NEW YORK TEST CASE. Opinion Entertained that Apportionment Act of 1907, on Which Fate of Racing in Empire State Hangs, Will Be Declared Unconstitutional. Now York, January .11. Frank K. .Tolinston, attorney for nineteen petitioners who are testing the constitutionality of the last legislative reapportionment act, lias Hied with Messrs. Wlnthrop and Stim-son, attorneys, his brief in reply to the attorney generals answer to the original jietition. The Johnston suttv if successful, will invalidate several laws passed at tin; alleged irregular legislative session of 1!K7, including the Hart-Agnew bills. A sharp slap is taken at Charles Evans Hughes, former governor, by the inclusion in the Johnston brief of the statement of the Democratic Assembly minority in 1007. which said: While we have no desire to hinder or delay the passage of a just and valid reapportionment act, Ave do not desire the proposed Ilinman bill as either equitable or fair under our fundamental law, and no -effort has been made by the Democrats to hinder the Republican majority in arriving at a proper and fair solution of re:portionment, but the state iias been humiliated not only in the eyes of tts own citizens, but throughout the Union, by the most disgraceful and expensive controversy in history." In the original Johnston petition, to which thirteen persons were parties, it ivas charged that the reapiwrtionment bill was enacted into law at an extraordinary session of the Legislature, whereas the constitution makes it mandatory that it be passed at a regular session; that the distribution of registered voters in Senate and Assembly Districts is unequal and consequently iiv violation of law. In reply to former Attorney-General O-Malleys contention in his brief that the petitioners have been guilty of laches, Attorney Johnston asserts that William S. Reynolds and F. Granville Mdnson, as well as the other petitioners, took steps to upset the illegal reapiwrtionmcnt immediately" after they had complied with the resident qualifications and were entitled- as prospective voters to make an effort to bring a test suit. The Johnston petition states that, despite; the OMnlley brief contentions, regular and persistent efforts- iiavi.beeumada,ineo the passage- of the last reapiorllonment act to bringrt up for review before the courts and cites :Uistaqces in proof. Included its a part of thesWifJfflre flagrant instances of inequalities in distribution of registered voters in Senate and Assembly districts, both in New York. Brooklyn and in Krie County, the latter being wards in the City of Buffalo, wiiich were so laid out as to make it easy for the Republicans to effect a gerrymander and carry these illegally laid-out districts whether the opposition willed or no. Creation of "sure-thing" districts is cited for example, in the districts of former Superintendent of Public Works Stevens, who was the Hughes political mentor: the Raines district; the Hinnian district, and the Washington-Saratoga district of Senator Bracketr. Included as a part of the brief in reply is the affidavit of John E. Smith, who made the computation as to the population of the Fourth and Ninth Senatorial districts in Kings County. A drawing of these two districts as to boundaries and population indicates, say the petitioners, a flagrant gerrymander and illegal reapportionment besides violating the law as to the compactness of districts. All briefs and rejoinders in this suit are expected to Ik; in within the next week or so, after which the ease will go direct to the Court of Appeals. Under 1 lie law cases of this kind supersede all other legal issues up for review and a quick decision is expected. die decision in this case will give the final word as to the future of racing in New York State. While there is a division of opinion as to the out-hiiiu of the reapportionment suit the majority opinion holds to the belief that the reapportionment will be overthrown. Those who believe the law will Maud do not base their opinion wholly on the alleged constitutionality of the law. but say that so much imimrtnnt legislation passed at the same session with the reapportionment hill wouITl 1k invalidated if that measure were held to be defective, that a court would pause before undoing so many laws enacted and placed upon the statute books under the same conditions. It is expected that within the next week there will be an enlargement of the action by the inclusion of fifteen or twenty more iinporlunt persons among the petitioners. Several prominent Democrats are said to be anxious to -become iwrties to the suit. This much is certain: A decision on the suit will be handed down this spring, and if it be favorable it would not come too late in the year to give horsemen the opportunity of planning an active racing season along more liberal lines than it will be conducted if the statute withstands attack in the courts.
