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PROGRESS IN NEW YORK TEST. Decision Expected in Lower Court Friday and Case Likely to Go to Appellate Court at Once. New York. February S. Hearing in the petition of William S. Reynolds and thirty others to review the present apportionment of the state into senate and assembly districts for the purpose of determining whether the re-apportionment Of 1907. was constitutional, which was to have been held Tuesday before Judge Amend in the Supremo Court, was adjourned until Friday afternoon at 4 oclock. It is lielieved that Judge Amend will deny the petition at tiiat time, in which event Attorney Frank K. Johnson says, the case will be .taken to the Appellate Division within ten days. It is confidently expected that a final decision from the highest court in the state will be reached before the end of tbe present session of the Legislature. If the Court of Appeals decides in favor of the petitioners then every important law enacted at the extraordinary session of the Legislature will become invalid and racing will 1k restored in New York under flic Percy-Gray law. At any rate the decision, will .he .handed down this spring and if favorable it will not lie 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 court.
