Daily Republican., 1883-01-30
THE GENERAL ASSEMBLY.
LOR ON INCREASED REPRE-
g.s sENTATION.

upUu the fifth week Of HE session, and
from present indications il promises Ia
be attended with considerable more
business than during the preceding
weeks. The matter Of Increased repre-
sentation having been inauguratcd dur
ing the latter pari of last week, vii, no
doubt be the topic Of cony"rsa'iou for
some time, but if th" opinion IF The
Chancellor, who is the only member of
the judiciary yet heard from, is to be
respected, the subject Of representation
will have 10 take a far different turn
than from thai provided III the bill Of
fcrrd 10y NJ. Bates on Friday last
Chancellor Willard SnuIsbury sub
mit"d his opinion of Ohn matter in
writing To- the Sprakor Of The Senate,
which was read this afternoon, the sub
stance Of which is abo@ a, follows -
After citing the questions submitted,
As previously published, ana quoting
sections in the constitutions relating
thereto, the Chancellor gives il As his
opinion that the General Assembly
have the right TO make the prDli sion by
law for such increase, bat has uof th'
constitutional power to apportj,n The
number Of Increased members among
the several counties. Further, the con-
Stitutiuu being tn" organl", ,fumdam"ufaI
and supreme law of the state, il creates
th" Legislature the Legislature makes
the law, authorized by, runiurudU.N
tu. or not inconsistent with the c1"s;l-
tuition. The Legislator" cannot add 70,
alter or change the rums'liutium,p pr mhk"
provision by lazy for adding tu, altering
or changing il. unless authorized 80 10
do hy the constitution, and in the man
nrr prescribed by the constitution.
The only act the General Assembly is
authorized to do, is to max" provisions
10y law for the iucrcan" Of th" nlimlrr "t
Representatives, and Senators to he
chosen in each county lay The citizen,
residing therein, when a greater mum
h"r is drrinDd necessary. They HAY" "A
right to Judge whether or not tiY' nliu-
brr shai. be- increased, hrt that is ALL.
They hay, NO right by law, IN choosing
them in any manner other than lna1
prescribed hy the constitution tor Their
being chosen, othCrWi>" than h5 thr
citizens residing in the several counties.
The appUrtonlnrnt of representatives
made by the constitution, and is upon
III" basis ut equality among the coun-
lies. and the General Assembly have
no constitutional powers by law for a
different appurtiunm"nt other jnan that
prescribed IN the 9th article Of TN" con-
~tiUriun, provided for amendments
thereto.
II tine q neral Assembly deem it No
rc~~ary t. iucrc,is" the lnnMN rr II lmcIn-
h"rS ut the HeurrAl Assembly, say io
Representatives. and 4 Senators, then
their constitutional power would be-
rxhiu>J"d Nut III" appor'lnmnrn' Of
thai numhcr and the principle upon
which HAT appnrtipnmrnI WuHIi br
made, wuuld not br different from that
made in til" constitution, viz: 'ouuaiItN
among the several counties III rcprcscN-
taIiun in the General Assembly.
THE UNEQUAL ArrOETIo%MENT
Of the increase of members or Of S"na-
tor, ana representatives BASED upon
such increase, would be- tn" exercise of
power beyond The purpose for which rnr
power was given.
It Is not competent for til" members
nI me '"H'Ih' NNN'''!'N !" p''N NV -!
law ''' nv WI VI ~ ~ 20
rr branch or both branches from amy ur
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1ttr 81 i.l'IrN'H''''"'' III 'i' ''''"'''
Assembly.
Ii" decision "i me- j. nuG'S mas i'"'' H.
yet, been rrcrlNrh, an" !, IN 1'"' hli"M It
IN "''lt respects '."lI "l"hl"i'S VIII "''-
fer from 1ho," OF the 'liith''lI"E'
OTHER MATTERS.
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