The National tribune. [volume] (Washington, D.C.) 1877-1917, 1892-08-11
POLITICAL
Notes Relative to the Presidential
Campaign

Judge Rumsey handed down decision last
week at Bath, N. Y, declaring the New York
Democratic legislative resppprtionment act I'M
constitutional, and denied the writ of motion
of City Attorney c. d. Kiehel for writ Of man
damus requiring the Monroe County Board of
Supervisors to show cause why it should not
obey the requirements of the act. City Attorney
will appeal from the decision to the extraordi-
nary general term which meets at Buffalo, Aug.
II.
Judge Rumsey holds that the constitution.
atty of the act is directly involved; that il
the act is not constitutional no mandamus can
issue. The statute rules to be observed in
testing the validity of laws are, first, that the
Legislature is presumed to be governed by
proper motives. and the question is not one OF
power; second, that the act must be expressly
or by implication in conflict before 1t can be
adjudged; third, that the act must violate the
true intent and meaning of the Constitution,
and be an invasion of its terms.
The statutory objections to the New York
law are, first, that the census was taken in
1892, and not in 1885; second, that no act could
be passed at extraordinary session; third. that
the Senate apportonment is void because per-
sons of color, not taxed, are included; fourth,
that the act is void because the districts are
grossly unequal both as to Senatorial districts
and distribution of Assemblymen.
AS to the first two objections, the opinion
holds that they are practically decided ad-
versely to the Supervisors by 10 New York,
SIS, and the Wisconsin case, and holds that the
census can be the only basis of apportion-
Ment, and that persons of color, not taxed,
cannot be included in Senate representative
population. AS they are so included, the act
is void for that reason.
The inequality of the population of the
Senatorial districts and the gross disparity
nsfr aud
County districts; also the disparity of dis
trbution between certain Counties is shown
in the opinion. Judge Rumsey holds that
it is the duty of the Legislature to make
them as near equal as possible, and that 1t has
no discretion in the matter. The Legislature
is bound by the conditions Of the grantlve
power to apportion, and if those conditions
are disregarded the court has power to review
it. Judge Rumsey holds that the inequalities
are so gross as to Senate and Assembly districts
that it is manifest that discretion of the Legls-
lature was exceeded, and therefore the act is
void.
The following nominations for Congress were
made last week:
Florida-C. M. Cooper, DEM, Second District.
Georgia-Rufus q. Lester, Dem, First Dis
trict; Col. /. F. Livingston. Alliance, Fifth.
Illinois-Lews Steward, DEM, Eighth !;
W. A. Sunday, Pro, First; W. II. Craig, Pro,
Second; Patrick Dunn, Pro-, Third; q. H..
Stevens. Pro-, Fourth; J. NJ. Christian, Pro-,
Fifth w. A. Burch Pro-, Sixth; DR.. S. w.
Benson, Pro-, Seventh; DR.. A. 8. Butler, Pro-,
Ninth; S. Weibasky, Pro- Eleventh; Prof. A..
Hullner Pro-, Thirteenth I. Hunt, DEM,
First; Julius Colder, Dem, Fourth.
Kansas-T. J. Hudson, Dem. Third; boilers
from convention nominated r. M. Cheshire
Michigan-George A. Peters, P. p, Second !;
Hon. w. S. Linton, Saginaw, Rep, Eighth.
Minnesota--Joel Heatwood. Rep, Third,
Mississippi-J. A. Kyle, DEM, to succeed
himself, Second.
Missouri Marshall Arnold, DEM, Four
teenth; A. J. Powell. Pro-, Fifth.
Nebraska-Gen. Victor Vifquain, DEM,
Fourth.
New York-Hon. John M. Weaver, Rep. !;
Col. Joseph NJ. Leeper, Pro.
North Carolina-J. G. Pritchard, Rep, Ninth !;
Benjamin II. Bum, DEM, to succeed himself,
Fourth.
Pennsylvania. E. Beethoven, DEM,
Nineteenth.
Tennessee-Hon. J. B.. Richardson, DEM,
Fifth.
Virginia. William A. Jones, DEM, First; II.
st. G.. Tucker, Dem Tenth.
West Virginia-John A. Pendleton, DEM,
First
c. 6. II. Van Wyck was nominated for Gov
error by the Peoples Party State Convention
at Kearney, Neb.. last week. The Republicans
have some time feared that this would be the
result The Republicans have reason to fear
that Van Wyck will poll more than his party
vote and pull the electoral ticket through with
him or allow the Democratic electoral ticket
to be elected. 1t was to check the Republican
detection to Van Wyck that Mckinley was
sent to Nebraska, and it yet remains to be seen
whether he has created free.trade scare big
enough to bring the straying Republicans back
into the fold.
Fifteen thousand people at Beatrice Neb.. lis.
tened to Gov. Mckinley Aug. 2. He confined
his speech to discussion of the tariff. He
concluded:
Tried by any test measured by any standard, we
lead all the rest of the world Protection has vim
dictated itself 1t cannot be helped by eulogy nor
hurt by defamation. II has worked out its own
demonstration. and presents in the sight OF the
whole world its matchless trophies. It has made
and brighter. and has entered the homes Of America
carrying comfort and cheer and courage II gives
premium to human energy, and awakens the
noblest aspirations in the breasts of men. Our own
experience shows that it is best for our citizenship
and our civilization and opens up higher and
better destiny for our people. The day OF repent
ance will come when we have made o change.
There was hard fight for the Republican
Gubernatorial nomination at Lincoln. Finally
Judge Crounse, Assistant Secretary Of tho
Treasury, was chosen. The campaign has
opened in earnest in Nebraska, and politics
will make the State very lively from now on.
The Peoples Party in New Jersey intends to
put ticket in the field in September. The
party is not strong in this State, but organizers
have been put to work to effect branch organi-
cations in the various parts. They expect
liberal support from the Farmers Alliance, the
Industrial Senate and the Knights of Labor.
It is thought that the Republicans and
Third Partytes may fuse in North Carolina.
The State Association of the Democratic clubs
has made arrangements for an unusually ag-
gressve campaign. Col. Julian Carr, who was
a leading candidate for the gubernatorial nom-
ination, is president of the Association and the
fact that he is taking an active part in the
Democratic opposition, as he is man of extra
ordinary talents and rare executive ability.
1t is very apparent that the Republicans are
waiting to SEQ what the Peoples Party is going
TO do about a State ticket, and the action of
the Republican Convention in September will
be largely governed by the action of the Third
Party Convention in tho middle of this month.
The matter of the desirabiity of o State ticket
being put in the field is being discussed Since
the management of the Republican party in
this State is almost entirely in the hands of
Federal office holders, aud lie it be the wish of
Mr. Harrison and Mr. Carter and the Congress
sional Campaign COMMITTEES that ticket be
nominated it will be nominated, and if they
do not wish it it will not.
The Minnesota Democrats last week chose
Daniel w. Lawler, of Ramsey County, for Gov