The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-03-10
.THR GERRYMANDER Bill
Passes the Legislature and Will
Become a Law.
THREE HONEST DEMOCRATS
Vote Against it as an Unfair and I'm.
constitutional NIeasure-..Judge
Ferauson's Reasons...smith's
Speech in Opposing 1t.
speetal pLspaleh 0 l.e In!1Lligaer.

Democrats in the last Legislature Their
seems to be a few in the present one
judging from the developments Of to
day, when the reapportionment bill wa
taken up. The only speech against i
was made by Mr.. Smith, Of Tyler. HI
said:
"Mr. speaker:-Being absent whel
this bill was read q second time ant
from the investigation that l have beer
able since to give 1t, and without claim
ing to be a constitutional lawyer-ir
fact, I maintain that q person need mo-
be a lawyer at all to understand the con
stitutional provision relative to thil
matter; it only requires ordinary. com
mon sense and understandings think
this bill is clearly unconstitutional. The
number Of delegates being II, the ratio
Is therefore 1918. Now, there are
three counties, namely, Lewis, Braxton
and Randolph, having an excess OF pop
ulation above the ratio, yet neither are
given delegate, but placed ina dele.
gate district In violation OF the constitu-
ton. The constitution also provides
that any county having less than three
fifths OF the ratio OF representation fol
the House Of Delegates shall, at each
apportionment, be attached 10 some con
tiguous county or counties to form o
delegate district, Thus, observe the
false idea contained in this bill, that q
county containing the three.ffths, name
ly GAS, may be placed in delegate dis
trict.
GROSS INJUSTICE.
Now, there are Brook, Grant, McDow.
ell, Morgan, Hardy and Tucker having
the requisite three.ftths ratio, aud yet
are denied constitutional representation.
Boone and Pocahontas having slight
excess over three.fiiths are ratio are each
given a delegate, while Mcdowell, with
greater excess than both OF these coun.
ties, ia denied one. It will be observed
from tho constitution that "the addi-
tional delegates necessary 10 make up
the number Of which the House is TO
consist, shall then be assigned to these
delegate districts" and counties not IN:
cluded in delegate district which would
otherwise have the largest fractions un-
represented. Here, again, this bill vic.
lates the constitution. The counties OF
Wetzel and Tyler are made a delegate
district, while large fraction is to be
found in the counties Of Richie and
Doddridee. When at the bar Of this
House we solemnly swore that we would
support the constitution OF this State,
and that we would faithfully discharge
the duties OF Delegate to the best Of our
ability; this TO me was no unmeaning
obligation, and vote from me for this
bill would be a violation Of that solemn
oath. / can imagine the influence which
induces its friends 10 vote for 1t, Is not o
desire to do right, but determined pur-
pose 10 maintain political ascendancy by
a stubborn and wilful violation Of the
constitution, the rights Of the people.
UNCONSTITUTIONAL
"This measure Is one OF the utmost
importance. It is to continue for years
and the longer 1t continues the more
palpabIe will be the outrage. The dear
est right OF the American people Is that
OF fair representation in the halls Of
the Legislature.
snow, Mr.. Speaker, If I can be con-
vinCed that in this measure the consti.
tuition has not been violated and the fair
rights OF the people preserved, l will
vote for this bill. Until then / shall re.
main unalterably opposed TO 1t. / would
like to believe that no gentleman on this
hoor would violate the obligation which
be took at the bar OF this House, but II
this bill passes, ! shall be led TO believe
otherwise. In this measure Of more than
ordinary Importance, ones efforts should
be to rise above partisan advantage and
politics. The National Legislature in
it's apportionment gave evidence Of JUS
ttce and fairness to all parties, but this
measure is the reverse In every particu.
lar and shows the desperate endeavor ol
party to retain power against the ex'
pressed wish Of the people"
HONEST DEMOCRATS.
fbe roll call was begun, aud when
Judge Ferguson's name was called he
arose and said that on one previous oc'
casion he had been called upon to decide
upop a question that required much CON
sldcra.ion and some courage. That
question was when the War Of the Re.
bellion broke out, whether he should
remain with his State, where all Of hit
personal interests were, or remain loyaI
10 the general government. At thai
limo he decided to remain with the
Union, This question, while not @
momentous, was still one OF great I'm.
portance and one that required much
consideration before 1t was decided
His party was arrayed on one side, and
ik required due consideration and
thofous ID copyiCtions before he could BEL
mn his Judgment against II, and attel
duly Weighing all he must Tote accord
InP to the dictates Of his Judgment ant
COINCIDENCE and according TO his pledges
TO the people OK Kanawha upon thiI
question. During the campaign 1t had
beon said that II the Democratic party
secured control Of the Legislature II
would pass q EeErymandering measure
that would psrpetgats that party
| Ia power for years, He haC
pledged himself TO oppose any such
measure. He didn't believe In gerry
Wandering and he believed that any
party that INDUCED in It suffered by 1t
He couldn't vote for the bill withou
violating his pledges 10 his people,
thing he never had done eld 90 hell
him God, he never would do, and keep
ing faith to the people who elected hin
and believing the bill 10 be plain vic
lation OF the constitution according I
| his judgment and his conscience, he wa
compelled to vote no.
The rol; was proceeded with, ever,
Republican voting no." and ever
| Democrat voting "AysR until Nj
Slump's name was reached. He coIl
| not screw up his courage sufficiently !
vote agsinot It, and 90 didn't vote OF al
MI. Thomas, of Putnam, said he, lik
Judge Ferguson, had pledged bimBelf ;
| oppose anything in the nature Of
perrymander; he couldn't support th
bIll and would have TO vote no.
COL. WHITE sPRAKE.
Colonel White, who has something I
say on every OCCASION, and when Occl
sion does not present Itself general
makeg one, said he had examined th