New York Court of Appeals

In the Matter of the Application of William L. Sherrill, Appellants, for a Writ of Mandamus Against John F…

April 3, 1907188 N.Y. 185

Summary

The Court held that it has jurisdiction to review legislative apportionment acts and found the 1906 Apportionment Act unconstitutional because it violated mandatory constitutional provisions on contiguity and compactness, rendering the entire act void; however, the legislature elected under the act is a de facto body whose acts remain valid, and the lower court's denial of mandamus was reversed without issuing the writ.