Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1882-11-07
The RedistrIeting MIDDLE.
Nashville World.

The interview published below, with
Governor Hawkins, gives his view of
the Congressional situation, together
with his proposed remedy-which is
to furnish to the highest candidate Of
the Third district a certificate of his
election and therein including the
vote of those counties omitted in the
eDgrossing Of the bill. This interview
and the suggestion it contains, the
presumption is, was for the purpose Of
explaining the refusal of the Governor
to call an extra session of the Legis-
lature for the purpose of making good
the redistricting Of the State under
the act of Congress. The World and
the people OF Tennessee sincerely
desire to have an adequate remedy for
the legislative omission if there lie
one, aud would willing and gladly fore
20 the expense of an extra s%ession-if
the means are at hand to accomplish
the results without it. The World
tears, however, that Governor Haw-
kius' remedy, while a novel one, is
radically inefficient upon distinct
constitutional grounds. The Gov
ernor seems to have an idea
that he safely substitute a
certificate for a statue. This
to all intents aud purposes is
manifestly impossible. As we under
stand the course OF procedure, one
established by safe precedent and
upon broad principles of public policy,
the bill which becomes a law and ex
vi termini a statute, is the engrossed
bill signed by the Speakers and veri
fed by the cognate official signature of
the Governor. 1t is upon the face of
such a bill that exist the im~perfections
which destroy its efficacy and value as
a law, and it is the only record which
gees to the courts and the country
under the great seal of the State, for
enforcement, construction and execu-
tion, To give to any other document
the same dignity as the enrolled and
engrossed bill, would be to leave it to
conjecture 10 some cases where a diff
ference might exist between the Origi
nal bill aud the ~engr0ssed bill as to
which was law. So to prevent such
an anomaly upon all all the recognized
grounds Of a due preparation for GER
tainty in the statutes, the bill which
is officially vised is the only one upon
which the organic law places power.
The fact that an omission was a merely
clerical one cannos in any instance he
held to be an immaterial omission. If
the title.preamble or other necessarily
technical component of the bill were
omitted as clerical error, the courts in
deciding the constitutionality of the
law would be forced to construe it
upon the face of the eDgrossed bill,
and certainly could not look back
to the original draft to aseer-
tain whether the omission was
enc, alb %initio, or the result Of
inadyertence. AS with the redis.
tricting bill, all questions must be de-
termined from the face Of the instru-
ment which is the only exclusive and
intrinsic evidence of its being a
statue. Clearly, then, the excuse
which Governor Hawkins offers for
falling to convene the Legislature to-
gether, as also the remedy he proposes,
by which to patch up the statue.
both are not sufficient for the purpose
be designs. To leave S. important a
factor as the proper representation In
Congress to the tender mercies of an
insufficient substitute is not in &C.
cOrdance with the constitutional re-
quirements. 1t will not do for the
Governor Of a State to place in leo.
pardy the interests OF a people BY fall
ing to take the safe side of the doubt.
and set all questions at rest By a
course manifestly and beyond all con
iuneture in accordance with the or.
ganic laws.
Governor Hawkins in conversation
With Col. james H. Holman, CAPT.
). T. Dougherty and other gentlemen
at Fayetteville, on the evening of
Thursday last, stated that a bill was
regularly passed through both houses
OF the Legislature at its late session
dividing the State into Congressional
districts, by which the counties Of
Meigs, Rhea and Cumberland were
made part Of the Third district ofthe
State. In the enrolling of the bill
the Senate and ~engrossing clerk acci.
dentally omitted said counties.
The Senate chairman of committee
on enrolled bills, Mr.. Bib, whose
duty 1t was to compare the enrolled
copy with the original to see that il
was correct, reported it back to the
Senate as correctly enrolled, and
thereupon the speakers OF both
houses signed the same, and Senator
Bibb brought the bill tOthe Governor
Tor his approval. The Governor
states further that he had no knowl
edge of the omission referred to until
some months after the Legislature
had adjourned; also that be had been
applied to to convene the Legislature
again IN extra session to correct the
omission, but that he declined to do
so, as he regarded the mistake as
merely the result of a clerical error
and as one that no person would seek
to take advantage of even if such a
thing could be done;-he had not felt
authorized to incur che expense Of an
extra session Of the Legislature. and
oe will give a certificate Of election TO
ghoever is elected 10 the said Third
district; the vote of the said counties
named as having been omitted in the
bill to be counted with the votes of
the remaining counties embraced in
The superlative tramp of the world
aNaA 80 OIL