Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-08-12
FRIDAY 49,. AUGUST 70. 1892.


The more We reilect upon Judge KUN
Buys decision that the New York resppor-
tionment law is unconstitutional. end
therefore void, the stronger becomes our
conviction that that decision was itself
wrong. The Constitution authorizes tho
Legislature to reapportion the state tor
che election Of members of both houses
OF the General Assembly. but 1t does not
provide for any appeal from the action of
the Legislature. II the several depart
snents OF the government-the legislative.
the executive, and the judicial-a 90 be
kept separate and apart, then the judiciary
of New York have nothing TO do with the
seapporfionment Of representation il the
Legislature.
Judge RUMsgY decides that the reap
portionment made by the last Legislature
WAS unconstitutional because 1t was not
equitable" The Constitution provides
that the Legislature shall provide that
each legislative district shall contain as
near rs may be" the same number Of peo-
pie as every other legislative district.
Some of these districts in the Senate or
House Of Representatives Gas New York's
lower house is styled not having, IN the
opinion of Judge RUMsEY. rs many persons
in them as he thinks they ought 10 have.
de proceeds to substitute his own sweet
vii" for the will Of the people. and de
plares that New York must be re-
apportioned in accordance with his
views, All the members of the
General Assembly may agree in the
opinion that the last reapportionment
was a proper as well as a constitutional
one, vel If this Republican partisan judge
ends one district which has one man too
many in IL be has the right to set aside the
legislative reapportionmentan and substitute
one of his own. II may take the Legisla-
lure years to make reapportionment &C
csptable to Judge RUMsEY; for if he has
any control over the matter he has entire
control. and viii have the right to declare
yeappoItionment acts unconstitutional as
fast as they are passed. Can Judge Rum
sxY issue writ of mandamus compelling
she Legislature TO reapportion the State at
D time and in manner to please him! vi
course not. Then he is a usurper,
But the worst has not yet been told.
Nhe Constitution required the Legislature
he done after the State census OF 1885 had
abesn taken. But the Republican Legisla-
fure Of New York refused year after year
20 reapportion the State. So that Judge
/, kuMsEY's decision will have the effect Ut
mot reyersed) of causing the members OF
the next New York Legislature to be
elected under a Republican reapportion-
anent vastly more inequitable than the
pne which he has had the effrontery to
pronounce negotiable, and therefore un-
constitutional Think of that as q speci-
men of the Justice administered by the
Republican judges of New York. Judge
KuMsEr sets aside q Democratic reap
sDortionment because IL is inequitable, well
knowing that the effect OF his decision If
carrlel out would be 10 restore to life
Republican apportionment much more IN
equitable
When and where will Judge RUMsEY's
assumed power to perform legislative work
come TO an endS Two courts above his
have the right 10 override his decision,
and we take it for granted that both will
do so. The Court of Appeals will have to
PASS upon his decision. But when? Less
than three months hence anew Legislature
will be elected in New York under the re-
apportionment bill which Judge RUMsEf
fas decided TO be unconstitutional. Sup
pose the new Legislature meet and reap
norton the State upon the same lines as II
was reapportioned under by the last Legis-
lature. Or suppose that the new Legislature
change but one county from one district TO
another. Will the new reapportionment be
constitutional {? Will it be said that the
Legislature elected under the new appor-
fionment act is unconstitutional? All,
now we come to the constitutional provi-
sion in the organic law OF every State and
the Union that each house OF the Legisla-
ture shall be judge Of the elections, quail
fioations. and returns OF ITS own members.
SO the two branches of the New York
Legislature elected under the law which
Judge RuMsEY tries To render void would
beyond doubt. be the constitutional
Legislature Of New York. What would be.
come Of Judge RUMsKY's decision in that
eyentp Republican rascality is equal Il
almost any emergency, but Judge RUMsEY
would hardly try TO declare the New York
Legislature bogus body.
We expect Judge RuNsEY's decision TO be
oyerruled by the courts above; but hewill
have proved himself unfit to wear the ju.
= dieial robes.