Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-07-28
Aa,,caster fntelligerlcer.
SATURDAY EVENING. JULY %. 1888

AatlcaSter fntellt9etrRr.
sAruRDAY EVENING. JULY %. 1888.
Steer Clear or the Constitution.
In view Of the fact which Governor
Pattison has made very plain in his nu-
merous veto messages, that he is a very
strict constructionist of the constitu
tion, the Democrats of the Legislature,
who desire to be in harmony with bis
views will certainly be prompted to refuse
to vote for tha judiciary apportionment
bill, even though it was no more obnoxi'
GUS to the constitution than in making a
separate district of the county of Beaver,
which did not have at the census OF
1880 the 10000 population which
the constitution required it to have
according to that census.
Though Beaver is separate district
now 1t was made SO under the special pro
vision of the constitution that until the
census of 1880 the apportionment should
be based on an estimated population.
The estimate which gave Beaver 4O,OOO
population having been shown to lie
erroneous by the 1880 census, Beaver
necessarily drops out as separate ju
dicial district, and saltpeter cannot save
it in the hands of governor who is An
intelligent construer of the consti
tuition, of any degree of strict
ness or looseness. 1t is impossible to
make Beavers separate district 60
through by any decent constitutional con.
struction, and the statesmen in the Leg.
islature who undertake it will find the
people not to be the fools they take
them to he.
That the constitution requires a 49,
600 population by the 1880 census to
make a judicial district, and that it en-.
titles all counties so populated to he
separate districts are two propositions
seemingly too clear to be denied. COun-
ties of less population it declares {" shall
be formed with convenient single dis.
tricts, or if necessary may be attached to
contiguous districts, as the General AS
sembly may provide" From this
it appears that the Legislature,
when necessary may attach to
contiguous single ledistrictscountiesw which
have less than 40, 900 population. The
Legislature certainly is the judge of the
necessity, but it should not thus attach
counties when districts can be formed
in any other way. Great embarrassments
result from such attachments. For in
stance, Mexican, Tioga and Potter now
form a single district with two judges.
Mexican and Tioga, under the 1850
census, are eacn entitled to be made
separate districts, and are so made on
the proposed apportionment bill. But
Mexican does not now have a judge
resident within it one of the two resd-
ing in Tioga and one in Potter. Potter
is attached" by the proposed bill 10
Mexican, and Potter's judge is assigned
to the district. Bat that maniiestly
will not do if Mexican says no. When
made a separate district the constitution
authorizes it to select cne Judge learned
in the law - and it loses its two lay
judges. What is to be done with Pot
ter's judge does not appear. If Potter
was Joined with other counties Of less
than the requisite population for a sep.
arate district, to form single district,
its judge might be directed 10y the Leg.
islature to act in the single district, as
the constitution only in words COM
mands "separate " - districts to elect
their judge. Single districts - only
may do SO by implication.
We are confidently of the Opin-
ion that county attached " to Il
separate district has no voice in the eiec
tion of the judge of the separate district.
The separate district "shalI elect one
judge, says the cons, tuition; the coun
ties attached to it have nothing to say in
the matter. A different view has been
held and practised upon, but we cannot
see the warrant for it. In the appor-
tionment bill We are discussing the Leg
islature undertakes TO give to the at
tached counties the right to vote for
the judge of the separate dis
trict to which it is attached. 1t has
no authority, we think, to do it. Ne
Kean can proceed to elect its judge as
soon as it is made a separate district.
That seems to be the clear direction of
the fundamental law. And the fact
that there is a judge loose i'm Potter can
not affect the right of Mexican. With a
judge in Mexican and one in Tioga,
the two new separate districts, there is
no field for POtter's Judge except Pot
ter; and Potter is not entitled to Il
judge. Yet Potter's judge being elect
ed for ten years, probably cannot be leg
islated out of office. 1t looks as thoug,
he will he judge without district
and with nothing to do. Governor Pat
tison will hardly, with his economical
ideas of administration, feel disposed TO
approve a bill which endangers such
result.
The Legislature directs that the
Judge in Potter county, who is the addi-
tiOnal law judge in the present district
shall be the president judge of the new
district until the expiration of
his commission. 1t would he a very
good disposition to make if the Lecisla-