Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1862-01-24
Contested Election Case.
SYNOPSIS OF THE ARGUMENT DE-
LVERED BY ROSS FORWARD Esq

etesI from 1He utStTtCt 81 DoMefset oHu Ded-
ford, as contested By John Cessna, Esq. Of
Bedford county
He bases his claim to the seat, upon the un~
coustitutionality of the appottionmcnt bill Of
Legislative district.
The 4th section of the FIRST article Of the
Constitution, on which Is his main reliance,
reads as fellows: "Within three years after
the Grst meeting OF the General Assembly, and
within every subsequent term of seven years,
40 enumeration Of the taxable inhabitants shall
be made in such manner as directed by law
The number of representatives, shall at the
usual periods of making such enumeration, be
fixed by the Legislature, and apportioned among
the city of Philadelphia aud the several coubs
ties, according to the number of taxable To-
habitants IN each; and shall never be less than
sixty nor more than one hundred Each eouar
ty shall have at least one representative, but
no county hereafter erected shall be entitled
TO separate representative until sufficient
number of taxable inhabitants shall be con>
tanned within it to eptitle them to ono repre-
sentative, agreeably TO the ratio which shall
then be established. This section, an we'll as
the previous ones, is verbatim the constitution
OF 1870, not having been altered or in the
least amended by the convention to revise the
constitution, aud whose amendments we're
adopted in 1888. Il consequently relates on
~ to tie counties az they existed in 1890, aud
not as they were ia 1888. & position which
the new counties we're disposed to contest at
the first apportloUment after 1888, but very
soon abandoned, because there was re- IN
aetment OF the previons constitution at that
time, but simply al adoption OF the amend-
ments as made by the convention.
Now, Mr. Cessna's claim to seat for Bed
ford county cannot De sustained for two prin.
cipal reasons:--
lst. Because the question of the ccns,itu-
tionality of the law has been decided by the
| only tribunal having any authority over the
subject, and its decision, whether right or
| wrong, cannot be inquired into or reversed By
the present Legislature, or any committee
thereof
I'd. Because Mr.. Cessna is entirely at fault
in his construction Of the constitution. And
the apportioDment law of 1857, when examIn-
ed in the light of the facts connecting the
| counties of Bedford aud Somerset, will be
found strictly 10 accordance Herewith.
In support of the first position We have on
! ly to examine the constitution, and observe to
whom is entrusted tho carrying out Of its pro-
visions, and on whom we are to depend for its
preservation. The powers of the government
are divided into legislative, executive and ju-
dicial, The members of the Legislature,
sworn to support the constitution, there is
confidence reposcd iu them that they will make
DO enactments contrary to It's provisions. If,
however, they should fail in their Judgment,
Is dntv ofk kha Exaaufive shoui5 ha
think differently to interposo: bat if his Opln-
ion simply is opposed to two thirds of the Leg
islature, the enactment, notwithstanding, be-
comes law. If any citizen thereafter feels
himself aggrieVed, he may refuse to comply
Herewith, and bring the question before the
Judiciary, who enter their Judgment in the
matter, and if the law is edjadged to violate
the fundamental law, they refuse to compel
obedience, or carry il into effect. and the law
properly fails. Nov their decision may chance
in fact, to be wrong; but, however, otherwise
desired BY any man or body of men, it cannot
be interfered With or modified, without change
in the fundamental law itself, procured under
proper forms and regulations foE that purpose
But while the judiciary is the only resort
to determine most Constitutional questions
arising upon ehactments OF tAe Legislature,
there is one kind of question which the Con-
stitut;on conides to the Legislature itself. 1t
provides that the number of representatives
shall be liked by them, and apportioncd among
the several counties. 1t is left to them eD~
tirely to decide how they will apportion it,
Confidence is placed in them that they will
do it according to the Constitution, but il they
should fail, their decision canaot be reviewed
or reversed for they are the only tribunal
having jurisdiction over the subject. And it
is the province Of the present Legislature to
decide upou the qualification OF its members,
according to the law, prescribed by preyi-
Gus Legislature, under the provisions of the
Contiiution. They dare not enact new law
TO confirm their own membership. For it il
only previous Legislature thatcan prescribe
the district, aud direct bow the members of
the succeeding Legislatures shall be shosen.-
Ii it was otherwise there is nothing to prevent
anybody Of men, chosen according to the fam
cy OF pleasure OF the several counties, assemb-
ling here aud assuming that they are the Leg
islature Of the State. And it is alleged, they
have not been elected according to any previ-
ously enacted Law, they have oily to 90 to
work and enact, that, the manner in which
they were seVerally chosen, was proper aud
constitutional, thus making themselves self
constituted body. This would be subTersiVe
Of ALI law and order 1t must be conceded
then that the previous Legislature having de-
cided upon the manner of chosing from the
people ibe members of the succeeding Legis-
ature, il remains only for them on assembling
to inquire whether this saw prescribed by a
proper authority has been followed by the peo-