Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-10-25
The Wisconsin Usurpation.


The telegram in our last issue concern
ing the failure of the Republicans and
Democrats of the Wisconsin Legislature to
agree upon bill reapportioning repre-
sentation in the two houses OF the General
Assembly Of that State reminds US once
more of the dangerous folly OF allowing
the judicial department of the govern
ment to usurp the powers OF the legisla-
tive department. No good can result from
allowing one department to assume the
functions of any other department. The
Wisconsin case is an aggravated one. The
courts having taken jurisdiction in the re-
apportionment case brought before that
tribunal some time ago. and decided that
the reapportionment which had been
made by the last Legislature was
an Unconstitutional one. the Demo-
cratic Governor Of Wisconsin con-
vened the Legislature in extra session
20 make new reapportionment OF repre-
sentatiou. The usurpation thus resulted
in the worry and expense of an extra ses-
sion of the Legislature, and the usurped
power OF the courts still hangs over the
Legislature. encouraging the Republicans
to persist in their refusal to make just
and fair respportionment, and discour-
aging the Democrats in their effort to have
the State reapportioned as it should be
by the legislative department of the gov
eminent. The Democrats know of course
that unless they prepare bill acceptable
to the Republican partisans upon the Su-
preme Bench of Wisconsin that court will
continue to decide against all the reappor-
tionments which the General Assembly
can make. no matter how fair those reap
portlonments NAV be.
If the courts have the right thus to tie the
hands of the Legislature, it ls time that
the people of the United States were made
acquainted with the fact. For the danger
that threatens our free institutions cannot
be small. The power claimed by the Su-
preme Court of Wisconsin may be claimed
by the highest court in every State. and
all reappcrtionments hereafter made may
be made by that court. For even If the
Legislature of Wisconsin shall agree upon a
new apportionment, the Supreme Court
will have Just the same right and power TO
set aside that reapportionment as it had TO
set aside the one whose repeal by the
courts. 80 to speak. has compelled the
Legislature TO assemble in extra session,
and pass new bill. The Legislature may
pass a dozen bulls, and the Republican
Supreme Court of Wisconsin may repeal
them just as fast as the Legislature shall
pass them! That is just the condition of
things which now obtains in Wisconsin.
We use the word repeal" because the
Supreme Court of Wisconsin, in under
taking to decide question which they had
no right to decide exercised the functions
of State Legislature.
This is case which concerns not one
State only, but all the Statesmen a few
voters in Wisconsin only. but all the voters
in al the States of the Union. The Con-
stitution of Virginia empowers the Legls-
lature TO reapportion representation in the
Senate and House of Delegates of this
State once in every ten years, beginning
with 1891. 1t also empowers the Legisla-
lure to apportion the State for the election
Of members Of the national House of
Representatives. So that If the Supreme
Court of Wisconsin had right to pass
upon the reapportionment of Wisconsin
and order a new one, the Supreme Court
of Appeals of Virginia may declare null
and void. because unconstitutional. the
existing Appointments of congressman
and State Legislators in Virginia. Still
further results would follow. The House
of Representatives as Washington should
and would. we doubt not. in such case
treat with contempt the attempt thus TO
take away from 1t the right to judge of the
elections. qualifications, and returns of its
own members. But let the decision of the
House Of Representatives be what it
might in such case, the country would
get into such muddle as a consequence
of the judicial usurpation under considera-
ton that the courts would be taught to
take the back track. The country cannot
long tolerate such wrongs.