Citation Codes Equivalent Citations citation codes Attorney(S) James A. Smyth George W. Tucker for John J. Bennett, Jr., Attorney-General ( Henry Epstein of counsel), for Edward J. Flynn, Secretary of State, Paul Windels, Corporation Counsel ( Paxton Blair Russell Lord Tarbox of counsel), for The Board of Elections in the City of New York, See more information ... Smart Summary Please sign up to generate summary. In the Matter of MAURICE J. BURNS, Appellant, against EDWARD J. FLYNN, as Secretary of the State of New York, et al., Respondents. 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.