Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1883-02-06
n; a VI1LEs,s OPINION.

..,.u Unon the Basis Of POpu.
49,. md E,eclion by Districts Heid II
IN he ConstitutiOnal-Aa Gear
N.,ur.I and Necessary Relations
...,y..n Written state Constitute"
.ud the state Law-making n""1'
IN the Honorable the Senate ana houseV
REPRESENTATIVES of the State OF Delduu'e;
In compliance with the request coh.o'heu
- tho Joint resolution of the General AS,
samhlv adopted at Dover on the ISL gay VI
January, 1883, respectfully submit the 'oi-
lowing
The questions presented 10y 'he
NAV he stated as follows: :,
Iyrot Can the General Assembly py
o,ncurrent vote of two-thirds OF each orahch
thereof increase the number OF Senators anu
REPRESENTATIVES. from one county ol VIC
C,ata without making exactly the sahie
numerical increase from each OF the o'he'
counties: .; or o,ac,;ng
n,amhers of the Legislature by a genera
,;ntat in each county be changed by law, so
as 70 nroyide for their election from sepaf-
Ate districts in any or every county
An answer to either of the above ques-
tions depends upon the proper CONSTRUCTOR
and meaning of Sections 2and . OF aft'c'e
II of the Constitution OF delaware SUN
nortions of the sections as AFFECT tne present
inquiry are in these w"ras: Inc MP
sentatlves shall be chosen lor TWO yeals y.
ma citizaus residing i'll the several counties
There shall be seven Representa-
tves chosen in each county until greater
number of Representatives. shall 10y lht
Ganeral Assembly be Judged necessary; ana
han two-thirds of each branch OF the Leg
;.lat,,re c0ncurring, they may by la" MAKE
nrovi,ion for increasing thelr huihnei'
The Senators shall be chosen loi
four wears by the citizens resulting IN 'n'
loui ''',nt;as" X There shall be
,hrea senators chosen in each county
When a Greater number of Senators shai
hv the General A ss, mbly be Judged neces
saw two-thirls of each branch concurrlh9
,hev NAV by law make provision Tor III
creasing their number: but the number q
Senators shall never be greater 'hah one
half nor less than one-thrd OF the huhlpe
of Representatives,. .a g oo,
I. bv applying the primary rules OF cor
structiOn to these SECTIONS anu '"hi"s
literal sense Of the words USED III t'e'ii .'i'
NIGHT possiblv admit of two meanings
e. +b.t any increase of the number {
senators and Representatives must he mad
IN the present basis of numerical equailt
from each county. and secondly. that sue
increase can be made irrespective OF count
lines and according to population "hel
bouevar. the whole of Article Is examine
under the bright and broad hight OF
ratinnal and liberal Interpretation, with
Wow To discover the true meaning not On
from its phraseOlogv hut from us 7cop
objects and design, there VIII rfmaW
doubt as to the extent OF the power CO
ferred on the Legislature. Under TINS
terpretatiOn there are only two Restriction
nlarad on the exercise Of the power; lirs
the requirement of a concurrent vote
two-thirds, and second, that the number
Senators shall never b. NOR" than one-ha
nor legs than oue-Ihird OF the number
Ranresentatives. Within these limits t
power Of the Legislature Is supreme, 81
i,.ct only to lta own JhuShlehV
what may be needtul or pr"p
All LEGISLATIVE bodies must be- lnuuat
with more or less discretionary power, hri
raeronsible for its mi-lI.'. 10 their consu
,,tu Our prpdtrr,suIo in the gOvernm,
of thi, State were not unnIndtul o.
probabilities Of the future and that an
crease in population would require a cor
enondiur increase of representation.
naouIp Of Delaware have lived under IN
different State CONSTITUTIONS, adopted
snectiveIv in l116, IN ~ and IN l'3l'
historical review Of ia" condition u
people in the several counties oe("eeh ~ III
wears might be inter- sung, h'Il ""d'I an
little aid in the present discussion iHft
than to bring into notice the import
fact that W to TIE last nan
year l~HD there had been
was no great or marked disparity III
number Of voters IN the S'N'F" '"''l'