Omaha daily bee., 1874-06-16


made to appear to Congress at the
next session that the said State, at
the time of passing this act, would
have been entitled to that number"
The element of time here presents
an important condition; for the
| census being ordered in 1920, and
the apportiOnment not being made
until 1928, gives the State of Ala
bama the benefit of at least two
years increase of population-Con-
gress virtually says by this action;
and I see no reason why the same
principle might not apply to any
other State at any other time off
you can show that at the time OF
passing this act you are entitled to
additional representation, it shall
be accorded you in the next Con-
gress." Nebraska beyond perad-
venture a show this. Again: In
1862 Congress passed a special act
for the benefit of California, which
had elected three representatives,
upon the superstition that she was
entitled to such though the appOr-
tionment made under the ratio only
gave her two. / append the act
"As the census has never been relia-
bly, taken i'm the State of California
until the year 1860, and as it APP
pears that the said State had suffi-
cient population to entitle her to
three representatives in the 97th
Congress, and as three representa-
tives have been duly elected to the
37th Congress, under the SUPPOSE
ton that the said State was entitled
to the same; as appears by the =
tifcdte of the Governor thereof; and
as direct taxes have been apportion-
ed to, and paid by said State under
the census of 1850, therefore the
said State shall be allowed three
representatives In the 37th Con-
gress; and for that purpose the
whole number of representatives is
hereby increased one, until the be-
ginning Of the 3Sth Congress.
Inasmuch as Nebraska did not
elect an additional Representative
upon the heels of the last apportiOn-
ment, it would appear that these
cases arc not precisely similar to
hers; but 1t would seem from the
above that upon a similar represen-
taton that the census Of 20 was not
properly taken In Nebraska, which
fact no one will gainsay; and that
we are legitimately entitled, at this
time, to additional representation.
Congress would admit our claims.
AS to the discretionary power of
Congress, there appears nothing In
the constitution to the contrary, but
ON the other hand, ii says: "Repre-
s~entatiOn and direct taxes SHALL BE
apportioned among the States &C
oOrding to their RESPECTIVE NUM-
BEERS :" but makes no mandatory
provision as to the manner of deter
mining the numbers, nor that the
apportionment shall not be- made
Oftener than once In ten years. The
facts are, that Congress in the ses-
sion of '72, after increasing the
number of members to 2S9, and APP
portioning them to the several States
accordingly, found that by the ratio
thus established several of the east
ern and New England states would
lose a member in their representa-
ton. SO a supplemental bill was
passed, increasing the number of
members again from 2Sa to 800, and
giving the States Of New Hamp>
shire, Vermont, New York, Penn |
.sylvania, Indiana, Tennessee, Louis
lana, Alabama and Florida, each an
additional member.
The State Of Vermont under
these circumstances coming In with
an additional member with a frac-
ton of $3.50, and Florida with a
fraction Of 56,32S, both of which
less than a moiety- Here
was legislation manifestly arbitrary
its character, and Senator COnk-
lin, of New York, who opposed the
bill, though New York thereby
secured an additional member, made
IN the course of his argument the
following pertinent remarks: ave
apporhoned representation accord
Ing to the Judgment Of two houses
IF Congress. At once several States,
them several States that
,Ome here now, were dissatisfied;
md thereupon byspecial enactment,
~ arbitrary provision in derraga-
son Of the general act, We turn
and add these representa-
Senator Hitchcock at this
ime endeavored to have the State
# Nebraska added to the list for
increased representation; and by
he Congressional Reports 1 find,
several amendments to
he bill, which would tend to adj
'ance the probabilities If securing
UGH additional member, at this
essiOn, If Nebraska had made the
fort. All, however, were prompt :
Y voted down. .
Iapprehend thatthe facts as shown T,
n this communication, will satisfy :
he reader, that Congress has SUI !
RENE control, and discretionary ,
over, as to the time; and under :
THAT conditions an additional rep
may b. admitted. The !
My question now remains, will |
Nebraska make tie attempt? OF l
ne thing we may rest assured, de- '
ermined opposition will be en- {
ountered from the Eastern and s
fiddle States, to any additional
representative from the West. On I
he other hand, the power, and i
ominant ascendancy which charac-
erizes the Eastern representatives 7
a all legislation, Is slipping from a
heir grasp, and c~entering in the 1
influence of the West. The il
evelopment of our industries, and t
he advancement of our manufac-
lring interests, can only be secured 3
/ the face Of antagOnism, and h
very opposition from the East, so o
- nc lsao - thas. Hau-., ~ 4,