The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1862-01-24
BRIEP Oh ARGUMENT
M ADE BY JOHN CESSN
Before the Committee in Me Contested Eiec-
ton Case from the County Of Bedford.


In this case it has been admitted bp the par
ties in writing, in the nature OF stated case,
that the main and only question TO be settled in
he determination of the controversy is the right
OF the county of Bedford to separate represen-
tatIon under The Constitution oil Pennsylvania
Ii has been conceded BY the Contestant that 10
case 20 such right existed, aud in case the votes
OF Somerset county ought to be- counted in the
election OF Representative from the county of
Bedford, :hea the sitting member is daily elect
ed, and entitled 10 his seat. 1t is also admitted
by the sitting member that if the county OF Bed
ford was entitled 10 such separate representa- ion,
and il the vote of the county of Somerset ought
not to be reckoned in the election of such rep
resentative, then John Cessna, the Contestant,
was duly elected, and is entitled to his seat.
This state of facts rendered it incumbent 10
determine whether the junction of the counties
OF Bedford and Somerset, In the formation of a
Representative District under the apportonment
bill OF 1897, was or was not in conformity with
! the Constitution OF Pennsylvania as il then ex-
listed. This question can never arise under the
third Constitutional amendment of 1857, but as
that amendment does not have effect (except as
| TO Philaeelphia) until 1864, the present ques-
ton stands as II the amendment had never. been
| adopted Nor is it affected by the Constitutions
al amendments Of 1888. The second and fourth
sections of the first article of the Constitution,
which rule this case, were not amended in 1888,
and by the third division ol The schedule then
adopted 1t was expressly declared that s9he
clauses, sections and articles of the said Consti
tuition which remain unaltered shall continue
to be construed and have effect as il the said
! Constitution had not been amended" Those
second and oulth sections OF the first article of
the Constitution of 1890 read as follows, VIZ:
"Sect,on II. The Representatives shall be
| chosen annually by the citizens Of the city of
Philadelphia, and of each county respectively,
on the second Tuesday OF October"
s:Section ii. Within three years after the
first meeting OF the General Assembly, and
within every subsequent term of seven years,
an enumeration of The taxable inhabitants shall
be made in such manner as shall be directed by
law. The aumb-r Of Representatives shall, at
the several periods OF making such enumeration,
be fixed by the Legislature, aud apportioned "a
mong the city Of Philadelphia and the several
counties according 10 the number of taxable in
ha5itants in each, and shall never be less than
SIXTY nor greater than one hundred. Each coun-
ty shall have at least one Representative, but
no county hereafter erected shall be entitled to
separate Representative until sufficient mum
Der of taxable inhabitants shall be contained
within 1t TO en,itle them to one Representative,
! agreeably to the ratio which shall then be es-
tablshed."
| The general meaning OF these sections, when
they are carefully considered, cannot be doubt
full. Popular representation shall be by COM
mun,ies, oy defined municipal divisions of the
Stately 'Ihe city OF Philadelphia and each
county respectively. Language could not be
more express and plain than that here used TO
establish separate and distinct representation in
the House for the city and each county in the
State. The fourth section secures in express
terms equality OF representation in proportion
to laxables, sin each, among the city and the
the several countless" by directing the proper
enumeration OF taxabes, and arpurtonments
for such purpose "within three years after the
| first meeting of the General Assembly, and
within every subsequent term OF seven years"
So far these sections declare the same principles
of rept tessnlatIon Thai are contained IN the Con-
stitution of l776. That Constitution provided
that the ':city of Philadelphia and each county
IN this Commonwealth respectively, shall, on
!
year, and on the second Tuesday OF October am
nualy for the next two succeeding years, TO
wit the years l777 and ITS, choose six per-
sons 20 represent them in General Assembly.
But as representation in proportion to the num-
Der of taxable inhabitants is the only principle
which can at all times secure liberty and make
the voice Of majority of the people the law OF
the land, therefore the General Assembly shall
cause complete lists of the taxable inhabitants
IN the city and each county in the Common
wealth respectively TO be taken and returned TO
them on or before the last meeting of the AS
semby in the year l77S, who shall appoint a
representation to each, in proportion 10 the num-
ber OF taxables in such returns; which repre-
sentation shall continue for The next seven years
afterwards, at the end OF which new return
of the taxable inhabitants shall be made, and a
representation agreeably thereto appointed by
the said Assembly, and SO on seplennlally for
ever"
The Constitutions of 1776 and 1870 there
fore agree in declaring the separate representa-
tior of the city OF Philadelphia, and of each
county "accordlug 10 the number OF taxable IN
habtants in each" Two great principles oil
representation appear V be recognized by all
the Constitutions of Pennsylvania, at different
period. These are the principles of equality OF
representation and community OF Interest,"
They have always been respected by the seve-
raj Legislatures OF the State in the enactment OF
apportonment laws. The enumeration of these
principles Of local representation and taxable
proportion in the Constitution Of 1870, is fol-
lowed by a clause of guaranty and subsequent
Limitation. These are closely conaected-in
one continuous sentence-and mus. be consid-
cred together. The guaranty is that ''each coun-
fy shall hnpe at least one Representatives" This