Opinion
Argued July 11, 1935
Decided July 11, 1935
Appeal from the Supreme Court, Appellate Division, Third Department.
James A. Smyth and George W. Tucker for appellant.
John J. Bennett, Jr., Attorney-General ( Henry Epstein of counsel), for Edward J. Flynn, Secretary of State, respondent. Paul Windels, Corporation Counsel ( Paxton Blair and Russell Lord Tarbox of counsel), for The Board of Elections in the City of New York, respondent.
Order affirmed, without costs. Apportionment is a duty placed by the Constitution on the Legislature, over which the courts have no jurisdiction. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.