The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-08-11
JUDGE RUMsEY,s DECISION
Gov. Flower Says IL IL ~ strong Indictmer
of the Republ.cnns.


WATERFOWL. N. Y. Aug. 1o.-Gov Flower re-
| turned to this city tonight. after having spent
| tho day at Sylvan Beach. Oneida Lake. where
he delivered an address and shook hands with
| several thousand people who we're In attend
ance at the third annual picnic OF the Central
New York Masonic Association. On reaching
home tho Governor gave out an interview in
regard to the Monroe county apportlonment
case. lie said.
Judge Rumsey's decision and opinion is n
strong Indictment OF the Republicans IL It's
newspapers were honest enough to admit It,
Republicans have been for seven years on tho
stump. in the press and In tho Legislature.
trying to justify themselves for not passing
an Enumeration bill on the ground that tho
year 1885 having passed no enumeration
could be lawfully taken until 1895.
This claim even SO strong n Republican rs
judge Rumscy now brushes aside as I'M
worthy OF notice. and practically condemns his
party for their seven years refusal to order an
enumeration as tho preliminary for reap
portionmcnt. or course the real reason for
the refusal was the fear OF n loss OF the l.egis-
lature. Tho only comfort the Republicans
can get. therefore. out OF Judge Rumsey's
opinion is his decision that tho new apportion-
mont is unfair
But il tho new apportionment is unfair.
what Is tho old apportionment which the Re-
publcans fosted on us in 1879. and have re-
fused TO modify ever since? That apportion-
ment gavo St Lawrence county. with $4,000
inhabitants. three members OF the As
sembly. whilo it only gave Orange coun.
ty. with $4,000 inhabitants. two men,
bers. Do you thing that would stand
Yet that is only a sample Of the, unfairness OF
the apportonment OF 1870. which. with the
increase Of population. has grown steadily
Legislature Of 1872 corrected most OF its inc
unaWlthisf irrovu,.r,t,os III. now ornortion
mcnt has were not desired by tho trainers OF
the bill. but wero made necessary In order to
matter Of that sort there are always conflict
ing interests to adjust, and do not hesitate
tS IS pn TN the Ss
US Of the old .apportionment ct 1870.
present one. While the act Of last winter
apportioping the senate and Assembly dis
self to me-. yet that was due largely to what
might be termed an accident. The, bill us
oI,naIiy framS rams WAS as have q said as iair
sage three members OF the Legislature. acting
from motives of local pride and local interest
as to give their respective counties q larger
representation. 70 which it may be conceded
entered into the formation Of tho original bill
The Legislation was thus confronted with
the question whether to pass the bill IN Its
present shape or leave the state apportoned
under the act of 1870 which every fair minded
man knows was much more inequtable than
the present one. In passing this bill
the Legislature acted upon principles
OF necessity and public expediency.
and while 1 am no lawyer. l doubt
that the view which the law-abiding power
entertained with respect to its duty is subject
to review in the courts There is plenty OF
room within the pale OF the Constitution for
acts OF legislation that are not in all respects
Just and equitable. TO such acts the Legisla-
ture is responsible to the people. and the
judiciary. which is q coordinate branch Of the
action.
II tho Legislature acts without power the
Court can declare such action void. but they
have no right. it seems to me. to review legis-
ative exercise Of discretion. or even Legislative
abuse OF it, and this seems to be what Judge
Rumsey's judgment attempts to do.