The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1862-01-24
BEDFORD, PA, FRIDAY MORNING, JANUARY "a, 1862.

and is in limitation of it, while it is conirma-
tory OF the other prnciple OF separate county
| representation. In other words, separate repre-
sentation is secured to each county without re-
gard TO the number OF tayables contained with
10 it. The guaranty, in short, provides for Ca
ses OF conflict between the two principles be-
fore announced, and preserves county represen-
| taton against the assaults of the doctrine of
| taxable equality. But because the guaranty ia
ken generally and without qualification might
60 too far unduly trench upon equality, and
render apportionments grossly unequal, a Iimi-
taton OF 1t was subjoned, in these words -
"Bm no county hereafter erected shall De enti-
tied 10 separate representation until sufi-
| cient number of taxable Inhabitants snail be
| contained within it to entlte them to one'rep-
| resentative, agreeabIy to the ratio which shall
| then be established" Tt is important to notice
here that this Limitation of the guaranty does
not impose restriction upon oil future coun-
ties. Those of them that contain ratio when
established are not affected by it, and its app-
! cation is only temporary to those that attain to
ratio at any time subsequent TO their erection.
Those counties only are permanently excluded
| from the guaranty OF separate representation
that commence their existence and always con-
tinue in state Of taxable minority. There is,
| therefore, no foundation for the notion that the
guaranty is confined 10 counties erected before
| 1890. 1t obviously includes all counties erect
ed before or since that date, except those that
are expressly excluded from il by the Limitation
just explained. And it is equally clear hat a
disqualified county upon attaining ratio oftax-
ables is freed forever from the Limitation, and
cannot again be subjected to it. It's right of
''separate representation" is only deferred sun
til" it atains 10 ratio, and there is no provi-
sion to re-impose restriction upon il in any
after contingency.
| Con6rmatory Of the foregoing exposition OF
the Constitution are the facts, that counties had
separate representation before the Revolution as
well as under the Constitution of l776 that
such representation existed when the Conven-
ton OF 1890 was in session, and that motion
made in that Convention to confine separate
representation to established counties during
their continuance was rejected. And that Can-
vention, in the sixth section Of its schedule,
| provided :-"That until the first enumeration
| shall be made as directed IN the fourth section
OF the first article of the Constitution establish
ed by this Convention, the city of Philadelphia.
and the several counties shall be respectively
entitled to elect the same number of Represen
tatiyes as IS now prescribed by law" The last
century was concluded so far as this subject is
! concerned, by the Apportionment Act Of 9Th
| April, 1894, IN which every county of The
State had separate representation assigned it.
This brings us to proper point for an IntellI-
gent Judgment upon the question with which
we began, viz Was the union of Bedford with
Somerset IN 1857, TO form representative DIS
trci, IN conformity with .he Constitution Bed
ford county was erected IN l77l, and Somerset
IN 1875. The former is therefore an old coun-
ty, and the latter junior one with reference
10 the date Of the Constitution. No one can
doubt the right of Bedford 10 separate represen-
tation if any county whatever can claim it,
and similar right in Somerset is rendered
equally certain by an examination OF her histo-
ry. She is junior county, but as she contain
ed when erected, as well as subsequently,
sufficient NUMBER Of taxables to entitie her TO
one representative, she always stood and now
stands free from The restriction upon new coun-
ties, contained ir the Constitution, and entitled
equally with old ones to the guaranty of sepa-
rate representation. AS early as 1897 the Leg
islature OF Pennsylvania enacted supplement
to the Apporionment Law OF 1894. 5y which
the county of Somerset, which had been erect
ed in 1898, was allowed separate representa-
ton. This separate representation was again
allowed by the ApportIonment Law OF 1901.
BY the Apportionment Laws Of 1908, 1878,
| 1922, 1929, and 1886, the counties oil Somer-
set and Cambria were allowed two members,
the latter county having been erected mostly
| from the territory Of The former. By the laws
OF 1S43, and 1850, the county OF Somerset was
again allowed a separate representation. The
conclusion is inevitable that the union OF Bed
ford and Somerset, to form Representative
District in The Apportionment Act of 1887, was
in plain violation Of the Constitutional rights of
both. In order to have full view Of the SUBJ
ject Of representation and apportonment, tho
not required for declsion of the case in hand,)
this question remains 10 be considered.
| What shall be done with new counties never
possessing ratoa No construction is allowable
which would disranchse them from all repre-
sentation in the House, and as separate repre-
sentation is expressly denied them they must be
formed into districts or attached TO guarantee
counties old or new. This seems to be the only
alternative and doubtless is often one of difficult
ty. On the one hand the guarantee Of separate
representation appears to protect the counties
covered by it from any connection with the dis
qualified ones; on the other hand it is often i'm
possible 10 form the latter into districts with
any regard 10 contiguity or relative taxable
population. Whatever may be the just con-
strucion of the Constitution on this subject le
glslaiive practice has been guided by doctrine
OF necessity, and has varied according to the
cases which arose. Where districts could be
formed Of new counties that respectively had
no ratio it was usually done. And where this
was impossible or inconvenent in high de-
gree and violstlve Of equal rights, they were
attached to counties not OF their own class
most frequently to those from which they had
been erected. But this practice is founded up