Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1881-06-23
A Foolish Veto.

the Judlcial apportlonment Dill. By
this net of the Governor, the appor-
tionment of the State into judicial dis
tricts required by the constitution and
made by the legislature is defeated.
There should be grave reasons to JUS
tify an executive in preventing plain
mandate of the Constitution he has
sworn to support from being obeyed.
Let us examine the reasons given by
the Governor in his veto message and
see if they are either sound or sufH-
cient.
The first and principal objection
urged to the bill, is that it is uncon-
stitutional in this that it makes sepa-
rate districts of Lebanon, Green and
Jefferson counties, neither of which,
by the census of 1880, has 10000 in
habitants. A second objection is. that
by the provisions of the bill Judge
Henderson, the present Additional
Law Judge of the 18th district, COM
posed of the counties of Dauphin and
Lebanon, is assigned to the county of
Lebanon where he does not want to
go. The Governor says "very grave
legal difficulties surround that propo-
sition." A third objection is, that the
bill unnecessarily increases the num-
Der of judges, especially by providing
an Additional Law Judge for each
of the counties of Erie and Crawford.
A fourth objection is, that the district
composed OF the counties of Adams
and Fulton is not Convenient dis
trict within the meaning of the con-
stitution.
The first of these objections is the
only serious one, and is sufficient to
Justify the executive veto, if we'll
taken. No Governor should approve
bill which he is satisfied violates the
constitution, aud if this apportion-
ment bill was clearly unconstitutional
it should not have been permitted to
become law. But does it violate
the constitution in the particulars al
legged by the Governor All legisla-
tive power of the commonwealth is
conferred by the constitution upon the
General Assembly. The apportioning
the State into judicial districts is, in
its very nature, a legislative act, and
the power TO do this act belongs of
course to the legislature. The Supreme
Court of the State has so often laid
down the rule for constituting the
power of the legislature that it is
now recognized as an elementary prin-
ciple. The rule is, that the legislature
possesses all power, of legislative
character, that is not prohibited, eth
er by express words or necessary i'm
plications. Judge Black in 1853,
then Chief Justice of the Supreme
Court, in the case of SharpLess ~. The
Mayor Of PHILADELPHIA, II p. S. r.,
states the rule a. follows:
There is another rule which must
govern Us in cases like this namely,
that we can declare an act Of assembly
void, only when il violates the constitu.
ton, clearly, paipabiy. plainly; and in
such manner as to leave no doubt or hesi.
tatiOn on our minds"
All the provisions of our constitu-
ton which limit or restrain the power
of the legislature in making judicial
apportionment, which can effect this
question, is found in section 5, Ar
ticle 5, which is as follows:
| uVaVfDt GOuutT BHAi COubhlu
forty thousand inhabitants it shall con.
stitute q separate judicial district, and
shau elect one Judge learned In the law
and the General Assembly shall provide
for additional judges, as the business Of
the said districts may require. Coun.
ties containing population lees than IL
sufficient 10 constitute separate distrIcts
shall he formed into convenient single
districts, or, II necessary, may be attach.
ed 10 contiguous districts a. the General
Assembly may provide. The Office of
associate judge, not learned 10 the Law,
Is abolished in counties forming sepa-
rate districts; but the several associate
judges In Office when this Constitution
shall be adopted shall serve for their
unexpired terms"
We submit to every intelligent read.
er, whether lawyer or layman. that this
section contains no prohibition Of the
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