Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-10-18
Irsnrnat,on IN Illinois

II Is not we'll 10 reckon without your
host. II you do your bill may be much
larger than you bad expected 1t to be.
This old saying may be exemplified in the
case Of the Democrats of Illinois, who are
making large calculations upon gaining
control of the next Legislature OF Illinois,
and 50 securing the election OF Democrat
TO the United States Senate.
There is. however, a legislative gerry
mander in operation in Illinois. under
which the Republicans expect to ind no
difficulty in getting majority IN the next
Legislature. The eerrymander is so unfair
that IL ia said IL would be possible for the
Democrats to carry the State of Illinois by
80 600 majority and yet not have ma
jority in the Legislature.
Why do not the Democrats take this Hi
nois Legislative gerrymander into the
courts and thus have 1t declared null and
void by reason of its unconstitutionaiity
that ~. If the courts have the right to as
sume ,urisdiction)? The reason given for
this abstention from taking that gerry
msnder into the courts Is that 1t would be
useless to apply to such courts as they
have IN Illinois for redress. these courts
being partisan Republican tribunals and
not at all likely to do justice in any case
in which party questions are involved. we
add that q better reason for such Austen
ton is that rsapportionment is O matter
with which the courts have no night TO
deal. The power given 10 State leeisla-
lures to reapportion representation In the
General Assembly is power which cannot
constitutionally be exercised by the courts.
As the Supreme Court Of New York said
last week, to allow the courts to exercise
their absolute discretion in such cases
would be to take away from the legislature
the discretion accorded to it by the organic
law and confer that discretion upon the
courts. Wherever there is State conven-
ton held hereafter to frame new consti-
tuition provision ought to be inserted in
the new constitution denying to the courts
the right or power to decide such cases.
But the Democrats In Illinois have high
hopes. we are told, of carrying the Legis-
lature to be elected three weeks hence,
and thus of securing the right to resppoi-
ton Illinois for the election ofmembers Of
the next General Assembly. But they
seem to have lost sight of the fact that the
same partisan courts which now grace or
disgrace the bench Of Illinois will still be
in Office, ready to set aside any reappor-
tionment which Democratic Legislature
might make. Why not, when Democrats
concede the right of the courts to take in
hand work which the State Constitution
has entrusted solely to the Legislature?
Why not, when strict construction Of
national and State constitutions IS no
longer portion of the creed of the Demo-
cratic party?
The condition of things in Illinois shows
how dangerous is the first step in such
cases. If the next Legislature of that State
is a Democratic body and reapportions rep
resentation in the Legislature to suit It
self, it will be possible for the State courts.
following the example of those in Wiscon-
sin, to undo the work of the Legislature,
and order a new reapportionment to be
made. The right to pass upon the work
of the Legislature at all involves the right
to pass upon reapportionment after reap
portionment. until one is made which
pleases the Republican courts of Illinois.
As we asked in our last issue, Does time
run against the right of the courts to in
terfere in such matters? Is there, or can
there be. any constitutional statute of
limitations in such cases? May not the
courts set aside the present reapportion-
ment of Virginia, say? If not, why not !?
Withstand the beginnings" say we.
Make the fight upon the first case. If the
Republican Supreme Court of the United
States decides that itself or the State
courts have right thus to encroach upon
the powers of the legislative departments
of the States and the United States. then
let us submit to the several States for rati-
fication a sixteenth article Of amendments
to the Federal Constitution providing that
the courts must confne themselves to
their own work.