Omaha daily bee., 1874-03-30
REAPPOaTI0NMENT'

REAPP0aTI0NMENT'
The proposition to call an extra
session of the present Legislature
for the purpose of reapportioning
the legislative representation and
calling a constitutional convention,
has already been briefly reviewed
by the BEE. General Vifquain re-
sumes his arguments i'm favor Of his
peculiar plan in another column.
The Lincoln Journal also contains
lengthy arguments mainly directed
to refute the points made by the
BEE against the legality of such a
measure.
Inasmuch as this subject seems to
engross the attention of a very large
portion of the people of this State,
we deem it proper to continue the
discussion. Equitable representa-
ton seems to be the fundamental
motive that impels General Wifi
uuain In the name of the disfran-
chised West to demand a reappor-
tionment of the Legislature under
the present Constitution, while the
same motive seems to impel the
Journal to seek its solution through
q new Constitution.
In order to accommodate General
Vifquain, the Governor would have
to call an extra session prior to the
October election. In order to ac-
commodate the Journal he would
have to call an extra session soon
after that election. 1t would be i'm
possible for the Legislature to frame
q Constitutional Convention bill be-
fore the people had voted for such a
measure, and it would be impractic-
able and Illegal for the legislature to
reapportion the State after the peo-
pie had elected their new Legisla-
ture in October.
Here then Is a radical difference
between these Doctors. Taking
each proposition separately We
reach the following points:
General Vifquain cites two
precedents toprove that r%eapportion-
ments, contrary to express consti-
tutional laws, have been made in
Nebraska. He cites the apportion-
ments of 1864 and 1867 in proof.
Now the apportionment under the
Territorial form of Government
cannot be accepted as a proper pre-
cedent, because the Legislature that
framed it was not barred in action
by constitutional limitations. The
apportionment of 1867 was made in
accordance with Section 4, of the
Schedule, which authorized the re-
apportionment by implication.
There is therefore, no precedent
that can be fairly claimed to form a
safe basis for the Generals plan.
Even if there was a precedent
where Constitutional provisions had
been deliberately violated, they
could not be accepted as authority
for other fragrant violations of the
fundamental law. We cannot ac-
cept the present census law as COM
ing within the meaning of the Con-
stitutional provision governing ap-
portionment. The Generals adj
mission that increased representa-
ton cannot be had under the pres
ent Constitution until 1876, would
imply that his main object in de-
handing reapportionment now
IS to give the west a fair rep
resentation In the coming Constitu-
tonal Convention. The Legislature
of 1875 will have the right to appor-
ton and fix the number of menu
bers to that Convention. There is n o
reason to doub: that they viii seek
to do 81 In accordance with the
latest returns, say on the basis of
the vote in October. This, it seems
to US will cover the ground. Now,
rs to the Journals constitutional
plan, our Lincoln contemporary
says:
1t must have known that the
"returns Of a general election" en-
brscing the returns of votes for
members Of the legislature, for
county and precinct officers, and 1t
1.-THE BEE) must have known that
these returns are not very frequent
ly "sealed up and transmitted to
the seat of Government" but are
canvassed by the County Clerk and
. Board of Canvassers appointed by
him.
Now had we not before called
the attention of the BEE to this fact
there would have been some excuse
for its Misrepresentation of IT,,
sfSection g."
As we have before said the terms
Of the Constitution that make it
necessary that the vote for or
against . Constitutions Convention,
shall be taken at a general cleo
ton" not of State officers, but of
"members of the Legislature"
would in the absence of any other
indicate that the vote
be canvassed and counted IA
the same way as the vote for menu
bers of the Legislature, and be pub
at the. same time and man.
.er. Hence we claim that it will
be the duty Of the Board Of Can
vassers that count the votes for
members of the House of Represen-
to canvass the vote on the
Constitutional Convention and
certify the same to the Secretary Of
he State. In case they are directed
do 50 by the Governor in his
proclamation there would