The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-08-15

ss the Ss, e Of h ths act
bly, districts. deal with separate and distinct
sSHbsSts and are properly as are
II is equally plain that the act may be per-
fectly constitutional so far as it relates to
It Lelates to Assembly districts and rice versa.
me learned Judge also says: Every one
to eyaae eons;utonsp ~ m m
possible way"
This Is an astounding statement Can such
sgect Of any human bcing? am not appoint
ed apologist for mankind in general. and con
say that entertain an unshaE able conviction
tnat the learned Judge Is the victim OF patent
believe that no thous6tfaI person. recogpizes
any such tendency. for the simple reason that
nc T sme n tendency exists.
Witth tne Judges. sworn to support the Consti-
tuition: x not SO uniformly learned in tho law.
BILE for one body to impute impropei tenden-
cies than for the other.
d o Ss5y se 81 I'd s sSs hs the
should never strike down n statute unless its
fon HIT Tith the clear Then
claim se S' atPSsS Hs nbS %" ths
Of its meaning. Hence, its action is entitled to
temsftSs %h ss sh9Sld beret caution in at
.dseliberate lude ment Of the Legislature a. to
every ppTesamptior Is in favor Of the validity
OF legislative acts. and also That no motive.
LEGISLATURE other til an such as are apparent
tsrm inc Of H aM IT, the
Court Of Appeals had ever recosnized It or
s' 10 the '%s Of a"s
Careful research discloses the fact that the
judiciary generally cannot be included among
WIEN tRs
thinks Is so universally prevalent and 80 uni
versally recognized.
ual existence OF this improper Legislative ten
dency. the learned Judge points to the result
as ,e o
the predominence OF this tendency In the ieEis-
sve %Pd e. the time Of tho Of the
serted that, IN ths naturs Of things. ineauSii-
manifest" and that until an equal popula.
ton covers equal areas throughout the State.
no ,, two districts will ever be found with pop
This was as well understood by the trainers
Of the BE- w. and
gave to the Legislature the large discretion
neediul to deal with a problem in which the
essaSshed 1 rsaur eS tie ~ to Se d ds
ever varying inhabitanss Of the state IN an" as
nearly equal proportion only "as may be-"
The Learned iudSs hoTever is Of OPINION
:. II is difficult to understand why this discre-
ieet with Which the Iesisiature mi must DEAL "'
tbs still more difficult to understand how
or by whom this Legislative discretion can be
controlled. in the absence OF. conclusive proof
digestive fraud In its exercise.
Its Il is needless to say that a fraudulent In
these manifest" Inequalities in tie popHia.
DICT with the Cons titGtlon. ''' '''''' INV '0A
No provision, OF the Constitution prohibits
framing a Constitution which did. Neither its
posed to be violated by such inequalities
In its spirit and in the intent of its trainers
that inequalities must always exist. and that
they might be great anil that they might be-
corrected as far as correction was practicable
i provided for frequently recurring enumera-
case in therewith This the com com
stitutional method Of correcting inequality.
st;t1,io9al limit Or when it tals within it
tion to determine what was and what was as' not
within the constitutional limit of equality or
inequality should be vested in the courts. they
should be exercised by the Legislature by
means OF a law to be passed for that purpose
alone.
Possibly II the learned Judge had been
guided by the absolute rule Of Interpretation.
possible. one In harmony with tho Constitu-
ton. and the other not. the harmonious one
should be adopted. he would have had n surer
guide than was furnished 10y his belief in the
depraved tendency Of all Legislatures.
DELoS MCCURDY.
Nrw vopu ArD