New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-07
JUDGE RUMSEY'S DECISION.
VIEWS OF MEN IN BOTH PARTIES.


wandering Rcapportionmcnt act unconstitutional was
royed with iov nv Republicans and with dlmay
nv Democrats Judge Rnmsey IS so able ana so
unrN,t n iudge and lawyers generally nave so nigh
nm opinion OF his legal ability, that there was not
much hope left in the hearts OF many Deinocrats
OF finally pronting By the gerrymahuer. IL II re-
markable however that many Democratic politicians
Were ouwardly sangIlne that the court OF Appears
First Division. would finally decide the eerrymhhder
ing act TO be constitutional because the majority OF
the members OF that court were Democrats. Every
Democratic politician who discussed the quesuoh yes
terday admitted the truth OF Judge kunseys ngufes'
which showed that the vote OF person III one
district In electng member OF either the senate OF
the Assembly would be of more value than the vote
Of q citizen In another part OF the state Yet they
agreed that there were five Democrats on the Court
OF Appeals bench and only two Republicans ana on
that account the Democrats would win eventually.
Leading members OF either party were rather
In this city yesterday ana the ie" Dchocrns
who could be found at the Democratic National or
state headquarters refused to discuss the question
The members OF the Republican National Committee
who were I'm town also declined TO discuss the ques
ton holding that inasmuch they were not familiar
with NewYork law they could not do 50 inelligently
Chairman IIackett. OF the Republican state Com
mittee, said that he had not read Judge Kumsey's
opinion, and II he had he was not lawyer enough to
give an opinion upon II.
Congressman John NJ viewer, Vi TihttSD"t' WIN
represents the XXIst District in the present Con
gress and has been renomnaed by the Republicans In
XXIIId District of the new appointment. which Is
composed OF the same counties Of the State, Clinton,
Essex, Warren and Franklin, arrived III Ne"-iotk
yesterday from a visit TO his home. To Tribune re-
porter who Mr. Viewer last evening. at the f1fth
Avenue Hotel where he Is staying while In the city,
ne spoke in high praise Of the decision OF Judge KUN
sey in declaring unconstitutional the keapporuohme'
~ ha no LEGISLATURE
Judge Rumsey's decision" he said, ais an eX-
tremely righteous one. / consider It also good law.
1t is directly in line with the best precrdents
bearing upon analogous cases. Whether IL VIII bear
the fruit that it ought | am not as sanguine ns
some OF my Republican friends, but hope for the
best. We must not forget that We have a Maynard
and an Earl upon the Court OF Appeals
bench. As to Maynard, the whole coun-
try knows the story OF his connection
with the crime Of the century Judge Earl. although
he owes lbs present place on the bench TO the he-
publican party showed "a rank and bitter partisan
ship that is almost inconcevable lie was In posi-
ton to serve the people by rendering an honest de
cison In the recent election cases. but was incapable
OF forgetting partisan bias.
81 was a member OF the Republican state Commit
tee which placed him I'm nomination when the Demo
Gratis had determined to 'sheve' him. We were urged
TO take him up and were assured that he man
who would allow party to stand in the way OF
duty. His action In The senate cases ~ the pay VIC
got for preventing Mr. lllll from retiring him TO
private life. / shall always look back with unmiti-
gated regret upon nv placing Robert Earl on
the Republican ticket. l don't think that We have
much To expect from him. have great confidence
In Judge Peckhams honesty and self Prospect. Ills
opinions last winter I'm marked contrast with
those of other judges. But must remember that
he IS candidate for the Democratic nomination for
Chief Judge Of Che Court Of Appeals, and therefore
must not expect too much Of him under the clrcum-
stances. should not be- surprised O see the Demo
cratic State COMMITTEES postpone the nomination untl
after the Court OF Appeal, had rendered IT. decision In
the reapportionment to make sure OF their
men, | feel certain. however that there are THREE
judges out Of the seven who will act fearles'ly aud
Justly aud vote TO sustain Judge Rumsey.
''IIis decision declaring the Serate and Assembly
reappoitionm unconstitutional will be of great ser
vice to the OF justice and honesty In legislative
apporuonment throughout the country. Following, as
10 does 80 closely after the decisions Of the supreme
Courts Of Wisconsin and Michigan. which swept away
the outrageous gerrymanders OF Democnuc Legs
Iatures, II cannot fail 10 have an excellent effect
Judge Rumsey's opinion is noble judicial paper. II
sustans and strengthens the unmpeachable argument
OF the Western jurists, who placed their action on the
ground Of the Inequality In representation ostered by
the Wisconsin and Michigan appOronment. The
elaborate and exhaustive reasoning with which Judge
Rumsey has handled these points has gained for him
reputation as lawyer anu Iuulst hHlNH II
an enviable one How honest men can reach any
other opinion this question, 1t Is difficult to under
stand.7
James A. Blanchard, the president OF the E"pub-
lican Club. said: There Is no judge who Stands
higher in this State than does Judge Rumsey. He has
clear judicial mind and he determines the cases
which come before him without regard to any per
sonal feeling that no may have. L know OF no
fudge for whom have higher opinion than have
for him. II Is clear In my mind that the trainers Of
the Constitution did not intend to make the vote OF
one man more valuable than that OF another In the
election OF representatives TO the Senate and the As
semby. The Judge has brought out this point with
great force. am sorry that he did not go into the
point which raised by Mr.. Sutherland. ms to the
extraordinary session. In my mind. the Constitution
does not considY nm extra session to be anything
more than an extension Of regular session. But
there were sufficient grounds outside Of this techni-
calty for Judge Rumsey TO act upon, and he had as
immediate precedents the Wisconsin and the Michigan
courts"
Congressman n. Martin turtis and John A. Qacken-
bush were at the Republican headquarters yesterday
They came from Washington yesterday morning and
they had not had time to read the decision -
James F. Burke, the president Of the National Re
he least tecnicaiy is undoubtedly the strongest one
mentioned by the Justice in his decllon-tbat IS ne
tSe eopportIonment was stamped with such gross in
equality was sufficient 10 condemn " in tho minds OF
o Me ~ Se nndamenta reasons for It's notification by
the court The efforts OF number OF Democratic
State Legislatures during the last few years to rob the
Republican voters OF this country OF their right IN
representation in the States and Nation have mt with
universal condemnation and contempt among the better
element OF the American people. The decision Is "A
victory for Justice over political dePravlty.'
Postmaster Cornelius Van Colt said 1T was very
grateful TO read that Judge Iumsey had decided the
unconstitutional don't see how he
couid have done otherwise That the vote OF man
in one county should twice the weight Of the vote
Of a citizen In another county is opposed to all Amer
lean ideas OF fairness and Justice II Is 10 be hoped
that the Court Of Appeals will take the same VIEW
HE i HOPEFUL FOR WEST VIRGINIA.
W. s. EDWARDS, A PROGRESSIVE REPUBLICAN OF
THAT STATE. TALKS ABOUT THE SITUATION.