Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-03-30
WEDNESDAY. MARCH 80. 1892.
The Wisconsin Gerrymander.

yet been turned away entirely from the
recent decision of the Supreme Court OF
Wisconsin pronouncing the districtiDg OF
that State by the last Democratic Legisla-
ture unconstitutional, and. therefore. null
and void. The State was redistricted for
the election of congressman, and also for
the election of members of both branches
of the State Legislature.
We have heretofore raised the point that
il rested with the national House OF Rep
resentatiyes TO decide whether IL would or
would not pay any attention to the deci-
sion of State court--or any other court.
as to that matter-upon question over
which the Federal Constitution gives that
body full jurisdiction and entire control.
The provision of the Federal Constitution
on this point is that each house of Con-
gress shall be the judge of the elections.
qualifications. and returns of its own men,
bers. But the matter seems not to be clear
OF difficulties. IL tho Legislature which
gerrymandered Wisconsin reassembles
in special session it may possibly
refuse TO change the law, and
may allow the congressional elections
TO take place at the regular time and under
the new apportionment. If the Republi-
cans protest their protest will 60 before
the next national House of Representa-
tives--not the present one-and nobody
can foretell now whether that body Will
be Democratic or Republican one.
However. there may be q disposition on
the part Of the Wisconsin Democrats TO be
governed by the decision of the Supreme
Court, especially as the court is Demo
cratic tribunal. IL would be strange
condition of things in Wisconsin to have
lawful elections going on for members OF
the State Legislature, and at the same time
unlawful elections going on for members
of the national House of Representatives.
1T would be such a tumble as was never
before witnessed of States'-Ilghts doc
trlnes and proceedings and the Federal
Governments rights and proceedings
But the fact is that the same point which
is involved in the Federal question we
have raised would rise in the case of the
elections tor members Of the Legislature,
seeing that under the State Constitution
sudge Of the elections, qualifications.
and returns Of its own members. The
present Legislature is Democratic. The
next one will probably be Republican. So
the Democrats of Wisconsin may decide
that even as question of party strategy
it would be better for them to respect the
decision of their highest court and recall
the present Legislature to the capital to
redistrlct the State again than 10 hold out
against the decision with the prospect of
having 1t end orsed and approved and acted
on by the next Legislature.
The substance of the decision is that
the county is the primary territorial
unit and must not be divided in
the formation of congressional dis
trct or On assembly district. We like the
decision, though, as We have said, we
doubt whether the court which rendered
il had jurisdiction over the subject. We
have never considered it right to divide a
county. There is seldom or never any
good reason for so dong. prominent
Wisconsin Democrat is quoted as saying
that he could redistrlct that State consti.
futlOnally so as 10 give the DeuOcrdts
fifty members Of the General Assembly
and in districts varying less than 1900 III
population. Anyhow, counties ought not
70 be divided under such circumstances
Nevertheless, Ohio and O number OF Other
States have congressional districts which
are partly made up of fractions or por.
tions Of counties.
Congress has by law fixed upon the Tues
day next after the first Monday in Novem
Der, 1892, for the next elections Of mem
bers Of the national House of Representa-
tiyes. The congressional elections in Wis
consin must be held then. Nothing tina
the State can do either by its Executive, o
by its Legislature, or by its judiciary cal
postpone these elections in Wisconsin. S,
that we may reasonably expect an earl.
decision on the part of both Democrat
and Republicans as 10 what they propos
60 do in this their extremity. There at
nice questions involved and importan
considerations TO be weighed. We leave
20 the Republicans of Ohio TO decide 70
themselves how they can hold their seat
IN the national House of Representative
and at the same time vote that the Wis
consin Democrats must be excluded. Re
collect that the OHIO districts. like th
Wisconsin districts. are made up some c
them. of counties divided into two or NOR
portions.