Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1862-01-24
BEDFORD. PA. FRIDAY. JAN. "a. 1862.


right OF the people 10 that district, to be repre-
sented 10 the Legislature. Is there any man
Of sound judgment who can really think this
was az unconstitutional proceedingq There is
certainly nothing in the constitution to prevent
the organization of new counties within the old
ones. And when done, how are they to be rep
resented excep. ia connection with the older
counties 10 which the territory originally he-
longedz and who but the Legislature Of the
State shall direct how this representation shall
bs arraHgedl And if they have the power on
the first separation of the county, have they
not the same power at ell times afterwardsa-
Bedford and Somerset for the FIRST ten years
elected their representatives together. Then
CRmbrIa which had also been in great part
originally Bedford, was erected aud was Joins
ed with Somerset. Then Cambria and Bedford
was connected for soma years, Somerset elects
ing alone, and iu 1857 Bedford and Somerset
we're again united.
Neither Bedford or Somerset had sufficient
taxsbles, according to the ratio then establish~
ed, 70 eUtitle them to member. The ratio
was 1916. Somerset had 1884 and Bedford
5l97. And Mr.. Cessna, 10 order to obviate
the crushing force of this fact upon his claims
to seat from Bedford county. undertakes 10
constrne the latter clause of the Attn section
as meaning "that when new county has once
obtained the number of taxables agreeable to
the ratio then established, it is forever after
entitled TO separate representation, 90 mat
ter how far it may fall short of il at the times
of subsequent eoumerations aud apportion-
ments. A construction that is directly in OPP
position to its plain words and obvious meau
ing Shut no county hereafter erected shall
be entitled to separate representation until
sufficient number of taxable inhabitants shall
be contained withiu it to eptitle them to one
Representatives, agreeably to the ratio which
shall THIN be ESTABLISHED" Now what does
this word then refer to? Certainly to the sew
eral periods Of making the enumeration aud
fixing The apportonment by the legislature as
contained in tho previous sentence.
And any county not being an original counA
ty, and failing to have anY one of the sewers
periods of enumeration and appointment agree
ably to the ratio which is then established is
positively prohibited b. the Constitution from
having separate representative Admitting,
Mr.. Cessna, now then that Bedford county
she ulw is, and not as she was ia 1890, is en-
titled to have at least one representative, all
though she had not the plumber Of taxables,
Somerset was not an original county, and can
make no such claims aud having fallen behind
the ratio then, 10 1857, established, is proper
ly and of necessity connected with another
county In representation, And With what
other can she be more fairly joined than
with the original county to which she belong
ed.
But even if Somerset should have bad the
requisite number it was matter entirely at
the discretion Of the Legislature, depending
upon their judgement of the necessity or con-
venience of so doing, 10 dstrictiDg the State.
For the latter clause Of the 4th section of The
constitution is merely declaratarY of right
which the new counties should not have, and
not positive enactment that they should hare
a separate representation, whenever they had
tie full ratio os taxables at the time of making
the spportionmsut. Ii they had the number,
it would be proper aud constitutional for the
Legislature to give them a member. But ex-
necessitate it must depend upon its position
and connection with other counties which had
not the ratio, and which the constitution posi~
lively direct shall not have separate repre-.
seGtation and must be connected with some ad..
joining county. To take any other view, is to
say We have had no constitutional apportion-
ment from 1901 to the present time. And
that under the present apportionment there are
uow 10 the Legislature % members from ur-
constitutional districts. The following table,
including the two from Bedford and Somerset,
gives an exhibit of these districts one or
more counties 10 which would be entitled to
separate representation, bzv;ag more than the
ratio of 5,9T6 taxables.