Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1874-02-18
district, and wo must annex 1t to
Franklin, Cumberland or York, and


Tho proposition that it can bo made
Into a separate district is contravened
by the proposition set up in the SO O.
ond clause, which provides that,
ncountios containine q population less
than sufacient to constitute separate
Judicial districts shall be formed into
convenient single districts. or. If nee
essary. NAV be attached 10 contiguous
districts. as tho general assembly may
proyide. You cannot form them into
a district bv taking a single county,
The idea non ntaiDed in the first clause.
| that oach county which shall contain
forty thcScand Inhabitants Is To be o
separato judicial district oyerthrows
and denies our right to erect those
with less into separate district, for
the assertion of the affirmative neces-
sariIy implies the negative.
So that. / repeat, the mandatory
nrovisions of the constitution in this
regard are. that counties having less
than fortv thousand inhabitants must
be unitod TO form districts. those that
have moro than forty Thousand must
Ina made senarate districts. and where
counties having less than forty thous.
and ore 40 situated that thew cannot
be Joined with one of the same class
they NAV be attached 10 counties that
have more Than forty tbonsond inbab.
;tonfs
Mr pnAyroRp-WHl tho Senator
norm;t mo N ask him n ouestion ?
Mr. WArIAcr-Yes air
Mr. prAyroRp-Do / understand
tho Senator 70 sav ihat counties bav-
less than 40 600 inhabitants cannot be
formed ;nto n single or senarato dis
triotS
Mr. WAr1Acr-That ia nv interpre.
tation of the constitution unoestiona.
lblv If Tho nronosi,ion contained in
tbe frst olouse of th;s section of The
constitution he GOOD for ANYTHING II
denies the reserve such Is tbe Main
limnlication Ileontravenos the now.
or 10 do the reverse Whenever n
county shall contain 40 900 inbabi-
litants;t sball oonstitnte SEPARATE
iudioial district Whenever II con.
tains less II shall not. That is the
converse of the proposition. Conn.
tics containing A ponulation less than
sufficient TO constitute a separate dis.
triot shall be formed into convenient
separate districts Take these clauses
together and Won reach the conclu.
sion tbat have reached.
But IL NAV be said that the lecisla.
ture has mower in its discretion. "if
necessary to mako separate districts
Tho legislature has discretion. but
that discretion must be exercised in
reference TO the class of cases in which
disoretion Ia given. There ia no dis.
erection given in regard TO counties
other than those that are located ma
Adams or Greene is located.
1t seems to me that, from that stand.
point it will be necessary TO recast
this bill. If. on the contrary. the
Wow of the Senate be (and of course
every Senator has the ripbt 10 con.
| gtruo the cOuHtltutlOn Tor him sell hal
wa NAV make districts of less than
forty thousand inhabitants wo como
to he inevitable result that lerisla.
tive discre,ion i above tho cons,;tn.
tion and tha, these mandatory nrovi.
s;ous In regard IN tho formation of
sennratc districts omoont 10 no,bing
Tba Iegislatnre nndnr that reosonin,
bns ensirc control ovor n and con IN
what II nIeasos Tint ;nor;,obIv fol,
lows That ia tho Logical res1lt oe
that nronosition - NN
rose however 10 state NV nos,.
tion in reference TO Cumberland and
Perry counties moro particularly,
rather than to discuss tho bill in its
entirety. Those counties are attach.
cd, when it is not necessary to do SO.
Perry can be attached to Juniata.-
The necessity provided for in the con.
sttutioh does not exist, and Cumbsr.
land must be separate judicial dis
tach Perry to 1t. II Adams was at