New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-01-26
REAPPOR1IONMENT.
OPINION OF THE ATTORNEY GENERAL THAT 1T Is
HE RIGHT AND IMPERATIVE DUTY OF TUE

OPINION OF THE ATTORNEY GENERAL THAT 1T II
IHE RIGHT AND IMPERATIVE DUTY OF TuK
LEGISLATURE TO REAPPoRTION THE STATE.
ALBANY, Jan. 25.-A communication was re-
ce:vod by the Assembly, from the Attorney General In
reply TO IA resolution asking his opinion IA to whether
this Legislature has right to apporon the State into
Assembly Districts and change the Senate Districts The
Attorney General gives the substance Of Sections and
3 OF Article III OF the Constitution, and says that by
these sections the Constitution imposes duty
1t Is not grant OF power The power TO do these acts
= inherent IN the Lessre without te mandate oi
dYesting the Legislature OF any discretion The
added by Thc same Instrument. Article 49,. Sec
ton l. to secure the faithful performance OF the
duty. The constitution contains no prohibition
against the exercise OF this power by the Lcgisa-
tnre after the lrst session following tic decen-
NAL enumerations. except where the duty has
been performed; then no change can De maze
until the next enumeration In the nature OF tD1igS,
and under wc-settcd principles Of interpretation, the
state Constitution, unlike the fsdcral Constitution
tatiOus anu restrictions upon legislative power. All leg
islatiye power is vested Ia tho Senate and Assembly
TART g. See ID and when not restricted by the COn>ttu-
tion the power of the Legislature, within the recognized
sphere of legislation, Is shprre (lhe Pcopie ag tiHgg'
AZ y. Y, iOl
Tic power to apportion the Legislative Districts Is
beneficial power 10 secure equal representation ana Just
government ~ all the nhab ants OF the state pro-
hibton upon the power by implication cannot be IA
y0reL because obviously IT would be against the public
welfare. II can be only taken away by the
letter OF the Constitution. That has not been
done by express enactment, and IN my
Judgment. he done no other way. Tho language
OF the Constitution. aud the necessary functions OF the
Legislature iiring nom the nature OF our system OF
government would to leave this power, With
reasonable certainty, III the power o! the Legislature to
be cx,rc scd over IL In every dccahe.
Mr. schoJnmakcr here rccitcs decision given In
1850 by the Court OF Appeals, in case involving
question OF jurisdiction arising out of the erection OF The
County o! Schuyler aud the appointment made by the
Legislature in 1857 the second session after the cnume-
ration of 1850 The Court OF Appeals considered AID
construed the power Of the Legislature in respect to this
subject and The Attorney General quotes the opinions
Of Judges strong Johnson, Dtnnis and Gray IN con-
Grinati0n OF bis views given above. He adds:
The conclusions OF the eminent ilrists have the force
and the highc: Judicial sanctions ana furnish
an authoritative to the Resolution ul tue AssciI
bly,. The decision al the highest 1uca! tribunal OF tue
STAT l. controlling upon the Law Olhc,r OF the state aud
upon ~ departments and officers OF the state Inc
Legislature has no judicial functions. The a'Jndca-
iiuns the courts potential Tor tue LgsAturc as
for private citizens.
For these am OF the opinion That the present
Legislature has po"er To alter tue Senate DsIlcs ana
apportiOn tho members OF the Assembly, ana that the
duty Is Imperative.