, 1870-09-30

Gown IN Gecucn8 anu b, and That IL 10 tfGat
sssh ss; s2stS il .na th' as ssss' e q a;as ss,
counties when u can be helped, or to consalI-
date thcu. Hence any. county having
over tlrfe.dfths OF ratio Is conceded sent
III the Honsc. AID orly the Gerry smallest
counties ITO kttac]!e3 u Other counties.
Again, c.i{ counties h.-:Dg c:ss 1oo, 900 are
provision mikes si,is division wholly optional
rltt tie 1esieissu.e- The 1,n,9..ss is "may
le divide, ret4, f:s,ricts." H.. legislature u
cut beu1.! or obtigstsd n liy:aa such L
cuunty, but may continue j. A. = single die
.sici, lie san,o ~ La Sale. ssnsare OF other
sion or option il ga>ca 70 d. it, but not =
!!Rndae.
1u s.,e nsx: Place hi" d..7ie;2a IN not be
E-a1n tc:n1s. 1911. tia: i. unt:l : tsrl,snreis is
6rss etc!ea 10 set on II. cation.
Thirdly. No lmTns is ssea to the
pat of its ri:h;fs; Representation /: xaay
vary tta n1mt c- VI ti,;t:rse, ar mixing them
ctEtcin thee Or st',sr Or i've t1.ios Of Lo3ula-
lion. For ez*E,r]., i: Cook Coant::. IL entitled
ly populstlon to tHrHiy-two meuoers, AZ
clnimed. 1''o Legislature Ess the privilege
given it cf-!!TidinS :hp county into eix dia-
tric:s, IT tAres 'nen.bers each. aud ona Of four
mtraIcrs, 0: any other division whereby tho
aggregate membership will equal thlt to which
tl'r county il entitled by population. While
tho Legislature Is permitted to carve the
county into districts, varying from tl1rea 10
five members each, it las no poges or right to
reduce the aggregate and equitable reprosen-
tation. II cannot do it as to any county.
Population must govern representation. For
60 many people thera mustbe member. Tho
whole system Is bottoned on that granite
foundation. Three-ffthA Of ratio givas
every district Its first member, aud for every
full ratio In addition there must be another
member accorded. II tllis principle Of rep
resentatson Is sacrificed or diaregafdad, then
Sections and s fall to the ground ~ null and
void. But before the Legislature can act it
must Itself be chosen. How7 Turn to the
schedule aud see Sectiols 13 and Ii for tho
suswer. It il there provided that for the pur-
pose Of starting the machinery. the Governor
snd Secretary shal, also take tho federal cen-
sne as their guide, and procoedto figure cut an
npportio5ment on the came rules and p.inci-
pies A. are Lid down in Soctiona G, Z, md 9
foI the government OF the Legislature.
The principle is, that esch county or dis.
proportional population. In applying tuis
principle ce!tat,. rules ere laid lowo, Because
exact equality Of representation is inpossi-
bic but the rulea vera intended to reduce
this inequality a. much as possible.
Tho first rule Is, that ratio ehall consist
Of. the 1854 rsst Of The population of tha
whole Stato- The peeond is that th.ee-ffths
Of that rstio shall cntitle 3 county or district
to its first member, SO "a to lot il ns m,ny
email counties as possible to se7srate rnpre-
srnsation- The third rulo is that equities
Not b1stnE tizee-hfths ri a ratio s.al1 be at
Fourth. Every full ratio u cou.sty OF dis
t,ict may naye over three-flfths shsfl eutitle
limit 10 this T rule, Asfe ezcept - 10 IL
tue eco .o0o orticn clause; hut. "a before saij,
il the Legislature elects to divide such county
T]1ttrA T. ~
take in an the representation that Justly and
hIa NJ power .oreluce the Just representation,
which is the gsst Of the whole u,atsaG.
Nattlle convention elsosenot to gise the Cow
etnor or sec1etsty the power to divide Cook
districts shall stand at this provisional eloc2
tio1; Eut it gaze no intiuaatiou That the CEN
trail idea or principle Of cQuA! reptpseutstiou
may be violated To rehtrlct Cook County to
fifteen members clearly yiolates that p1iincl-
ciple: It actually disfranchiscs 12o, 600 OF the
thehiRhly important first eeseion under the new
constitution. utterly without representation
in the House OF Representatives. Seven
entire ratios of popu11tiun arc cut OF.
To atsume or suppose that tho convention
intended to pertetEaso this act Of injustice is
inpos+i ible. You can search the debates iu
win to find word uttered that gives color to
such a prlrose.
In regard to Ill the other counties and dis-
t1lcts Of the State, I am not nwars OF any In
Justice having been done, or claimed to be
cone: have heard no complaint made, nor
the rules OF aP7ortionncnt, as laid down in
Sections land 8 Of the Legislative Article,
have been strictly and fairly applied in overy
case and every county and district has had
apportior ed to it its 1iGhtfu1 representation,
Nth the single exception Of CooE County, II
Aforesaid.
That the convention intended to give each
| Of the three dittsicts Of Cook County the{,
full, equal. aud just representation according
| to population IL notorious "a fact, and self.
| evident as d moral proposition.
| Would not tie delegation frun Cook Coun,
y, il they had dreamed Of the possibility Of
the con>trnctiun Of tho fourteenth section oi
| 1hc schedule nuw proposed. have moved fo1
| its instant amendment Would not any fair
minded member have done the came? Ths
memters OF the convention were acting IN
der the sanctity OF an oA'h and Of honor to dc
right. To depriye Cook County Of one-thiri
Of her whole representation ia to do wtout
and work injustice. No member Of tue con
yen!icn could possibly have desired to do 40.
The intention Of the convention vas MT te
give Cock fifteen members ~ maximum, re-
gardless Of her population, but it waa to Ei~t
her ex4ctly the number that her popuiatior
entitled her to- II the language used to con
I NNr EA} ftFE AZ AU+ pE4*GEAAS S4GaAY AAk s.
susceptible of solne other construction shouli
it be 60 construed US to defeat the u12uifee
intention of that body? sa construed ID t.
Gestfo7, in a large degree. the right OF rspra
sentatiou? to dis!saEcl.iss VEST mul:itudt
Of taS.raye1s, rottrs. ..and people? and X
redEca tie He.7se Of Representatives .eeve1
members below w}at .hc convention inteus..t
1t should coe:ain?
The right Of tho county of Cook 10 hay,
twenty-five members in the next Housa O
Representatives is admitted, and any can
strIctinn ct the rules toE apportioning repre-
sen'asion which depfives il Of this Iigatfu
representation, violates t1lAt constitutions
right, and, also. the principle Of equal repre
echtatior.. Shall rule be 80 construed IS t.
desNov tho principle on which it rests? Ger
tainfe not. All the rules found in Sections
and Of the Lesielahve act. and Sections l,
| and II Of tho rchcdule, wcsc made for the sol
purpose Of aEeigulng to each county in tn
State the number OF Representatives. ACCORD
ing to population, to which 1t Ia entitled.
The case may be thus stated az to tn
powers ef the Legislaturefsnd Governor ant
Secretary In the premises. The Legislature, II
srpcztioning Cock county, Ia limited as to tn
SIZE of the districts but not as to their nun
in the number Of epch districts to three, =
now e1iAting, hut not as TO tte number o
mcnters cach shall have, which is to be dc
tctmtned bE the fact Of population.
The 2o0, ,ooo clause ef Section u thing i
jutaro. It retts On contingency that canuo
thai clause we're prescribed or contingency
They are. therefore, contingent rulee, md ca
not be aI,t he'd until the contingency occnrf
and justhere Is where The Governor ha
erred. He has felt himeelf tound by con
tinEent rules-not yet in existt mss. 60 to spoAk
The Legislature is not bound, ordered. II
queeted or directed hr Section ! to diyid
Cook County into districts 1t is norel5 Pc,
n.itied to do it. viii it do it, Nha can tall
4 leave oft the minority representation claus
for Tie purposes Of this arEn1nont.) n
not come for the Legislature to act oEe va
or the other. The clause is there.ars do,
.uant or in abesauec until ISL Hence i!
rules are 1iso IN ats5Anca zud not l4nding Q
the. governor. And wheu. the contirgsnt
does arise. when tbs 200. COO clsuse doe
gi1e Cook County b. ful number Of member
The Convthtion las not given tie Legislatuz
no. Governor, nor bo.L togethess;the Authori,
to deprive auy county Of any part Of ita righ
! ful representation; but 1t . thong!
it bad guaranteed equal representation on tt
Il sought as 70 DO ths ;a.s,sded 70 70 do il, an N
suppoe.d it hid done it. Then, ehal1 th
fundamental PURPOSE, aim, aud Intention
violated and rendered nuSaIory By constxu
ticn Of wprds wzenched from their inten,
ment2
In submitting this question to you. ~ 4
, 1 to1uey General Of Illinois, the purpose OF II
. Governor and Secretary was elmplT to enab
; them to arrive 1t Just and proper conclusion
/ | They must naturally dssire TO have this que
ton ssttIed according to tho principles
right and justice. To decide in favor Of 81
ing to Cook County representation in propo
.. tion to population can certainly not ahbfev
ate tho Just rights Of othar pazts Of the Stat
. and win simply give the people Of that count
! what is admitted on Ill sides to Be the
intended BY the Constitutional Convention
Itshould matter not Il ths choice Of worda
| convey tie purpose of tho convention hal
! pens TO Lack perfect cearness- A oonst1ub
ton ct doubtful language should surely n,
; be given that will deprive ore-thisd Of tt,
; sreat county ct representation II proyiaio1
: Of the constitution arc susceptible OF two COZ