Omaha daily bee., 1888-09-27

objections could have been taken. IL,
however, seems simpler for the legisla-
ture to attempt to go over the whole
field.
For the purpose Of argument, assume
they have failed, that ought not to in
validate their action unless that part
of the field is too large to
be represented by the chair
not assigned. On examination it ap-
pears that Sarpy county only is omitted
from mention. BY its population it is
entitled to no more Than n seat. That
by the former act it had but one seat;
holding that its former apportionment
can not constiJutionally be taken away
until some new act makes a new appor-
tionment, avoids the necessity to strike
dow the present act, even If the dis
trict in question were not erected under
the present law.
To the following propositions OF law
General Webster cited numerous au-
thorities:
An act may be good in part though
tional.
A statute should not be held void I'M
less clearly so. Every intendment is in
favor of the UNFOLDING of the statute.
The statute will not be declared I'M
constitutional merely because it is i'm
perfect.
The apportionment act is not an en-
tirety, of which each part
is dependent on the other, but each
subdivision is distinct and may stand
by itself.
Silence of the journal ON matters not
required by the constitution to be shown
in the journal, does non overcome the
presumption arising from proper VI
Identification An apt for Snah irrann-
larity will not be held invalid.
In reply to General Webster's argu-
ment and brief Judge Abbott said that
he regarded the position of the re-
spondent more than ordinarily fair.
THE brief" said the speaker "is a fair
index Of the situation. But the question
is purely constitutional in the issues
raised. The constitution requires that
any bill on its passage shall receive
two-thirds of the votes of both branches
OF the legislature. The Journals show
co~nclusively that such is not the case in
the question now pending before this
court. Two distinct bills passed the
Legislature relative to the question in
hand, one passing the house providing
for 80 members of the senate and 80
members of the house and SO represent
alive districts and one in the senate
providing for SO members of the senat
100 members Of the house and 81 repre-
sentative districts. 1t may be possible
to add to-" continued the speaker, "but
it is impossible under the constitution
to take from. Sarpy county is left out
in the cold. AS the law stands now the
county is left without representation.
The constitution declares against this.
Recognizing the fact that the supreme
| court is the court of remedy, the matter
| ought to be settled for all time, and
now"
The speaker expressed the opinion
that the written evidence was'abundant
and that the court ought to consider it
wisely. The journals show upon their
face the situation, the Irregularities and
the manner OF the passage Of the bill.
IF small matters" said the Judge, "are
permitted live, the precedent for future
considerations will be bad. There can
be no safe place for kindred matters to
end. The court should stand squarely
upon the constitution and the law, and
let the results take care of themselves.
Sufficient for the day is the evil thereof.
Gilbert of York, followed for the state
in an exhaustive argument. Foss OF
Crete, concluded for the respondent aud
~discoursed at great length upon the
duties of the members of the supreme
bench.
JAIL BREAKING ATTEMPTED.
An attempt was made to escape from
the county Jail last night that came well
| nigh being successful. The chief actor
was Frank Clark, who is imprisoned On
the charge of highway robbery. The
attention OF the Waterman, whom the
sheriff keeps on a constant lookout. was
attracted by noises abou midnight.
| Sheriff Melick was awakened and
gave instructions TO let the good work
on on. He sen the jailer TO
assist the Waterman as additional pre-
caution. About 2 o'clock a sharptwinkle,
as though a saw had been dropped, was
heard and after hat no noise was heard
from the cell. Watch was kept until
morning when examination showed that