New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-06
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pcninG power 1t Is that the people can lnpse
no punishment on the Legislature for disoIea, e n
but the fact that one Is bound oS ; =, not inrc
qnenCy to honorable men The very ns1cb com.
for implicit and careful compliance WIN SUI"
rot Gssysd and sa see regard RS S'@P c
IRON ,he Cnpi,ion The next objection taken 10
the is that It violates that inluhctoi contain as
nearly as NAV be an equal number of inhabitants, ".
that The assembymen shall be afpor'lon n f The
several counties as nearly as may DE- A0' 'i"''''
number of their respective nharltan,, NJ comfy
The CoD>nutn PROHIBITS me aiv vision 81 snrb county
shall eoui,ably be entitled 20 two or horc nal ne
and requires that each county onn mcmher Of IS
senby, Fulton and Hamilton beng Gsen n az ., 3he
county for that purp se os ta tneH are due to
c"pqnfianne WI tese provisions, which mn't nee
cssary prevent exact equality OF Popuiau' N III '''
The representative pop9laton ,S OI the Sn'T
shS 0 e BY ne r9 ss m fascination G ' Of each Of
thirty two districts II ali c0ui be elu.i WIuiu ,nS
100 The S S9nH,ry E'G9S xvnh 1891
XvuIth, lc5G99; XiXth. 1jdI45 XHih oG 81
XXIst a9e62 X%Hd si? g" OK NV YX11 po FL
5d6 XXvIith, 100, 400; XXVllIth lsl23o' NAiN'"
vi, be noticed tba the xxIst to the XXvh
districts inclusive contain 2a1 or ,.5t more
p %dE ,hc 81 o2 Mhlc H xv6 Xv1G xIXh
| Nth and XXyInh contain ai4I93. or on aVriaac
population of l6sa7o' and altogether oo''oo less Una"
Yet 'G in these eleven districts AZ" forty C9nq 4
! l,ing in one body and varyire in popmanoh ron
Asa 10 l5G,74s, 50 that almost any division would
seem EeWYorS 81 c6mnr where the districts are divided
by stree, lines that there i ~ difficulty IN equal
,ing the numbers, the variation is Sun more lenrT
"oG 1c3. The Kin. Kiln and XIIl:h districts
carved out n tho Nineic"qth and Twenty s,Ton .
Wards with rI Of be TwclIlh IN, ama
iaei75 "1f he xinh io57s6 and tnc 7,lI@ 2liiaa
ASany f 99% on WIN H 1 Is maae e u u"' Ro
districts. IL The proportion between cry ana cnniry
| New York. PiItnam ana Westchester are togtfh"r
formed INTO districts with an average Population
tho remainder Of the STATE ha, twcnytlrcc districts
Win an av"rSo OF y9S 5o or a 6sS S
divided into eight di:frI'ts; each would have bad an
average Of 1880, or each orc ;.lo3 les; than ths
senators or IN average of ono to isio55 or Ioj3
more than lhs r,o Which ,ncn yond nn y,. slven
New York, we.cacser In,9an Hi9fs ana hir,
ratio, leaving the rcst Of the state With cirh'ccn
senators representing an average Of iS7'el"' or 1910
New York, wcstchegter. Putnam, Kine'. Richmond.
ing an average OF i7a5l on each 77as less taaa he
ratio while the remainder n the state has htocn
seniors representing each 1s0,sIo or an average Of
In the apportlopmcnt ., Asscmblymcn we see nat
A AnSG Win i4 pGb hop n pn. iU whdh Is M same
number given % Rcnssclaer with l2l o 60 ana TO
OUccns with 1884. Duchess. with 1J,O'S, has tND
members, while st. Lawrence, with 5000. and Chau'
tauqua. with 73,5s4 have each but one;
ma int S ante nane For p nsanSr III Se Yo
had been divided into eight Districts each wrd have
nearer near t %g trne ratio an i,s districts now have Al
bany. united with either Greene, schoharic or Schcn
than now. whl!e, If Niagara had boon added 70 Erie,
the two districts which might have been formed would
a@st.ons are made simply to show hat some Of tic
inequalities Of tho senate districts are clearly nhnect2.
as may be- an equal number OF inhabitants. With
regard to the apportionnent Of AsseinoNneh among
equality IL clearly apparent. ,..,.
1t needs no argnmeni q show that the C@pSp%4
shall contain rs nearly rs may be an e!al nnmDsr %
Inhabitants, aud that the members Of Asscinhiy snan
be accoding to the number OF nhnbi ants Hnch pro
visions or e1nvsent one, are oen nns u INC T Uni "a
states. 1t IS the intention Of ne peopis tat c 'n, i'm
Rs nnc Ih I'M me e"Es H as any other pcro
that the representation " the Consiitu lon Sha ge ~
IL wan 1e e squirrel Il F that upon The Shan appear
that the number OF representative IN Assembly, rom
e &C counties ssos IS not sad hs eou.s pcve boi tie
Legislature do adjust and sppor'ion the same by That
! II was recognized that IL was necessary i1t me-"
shoua ne mir and n; repesenSn ~ fnTe ~
ali I shal take time 10 establish, what must DO
and is conceded, that the people iptrnd tla' rcps
equal possible. it,, . - $1,000, =,
! In the year sa5 an enumeration act was passed 10y
since tint time there have been constant complaints
that tine representation IN either n'nsc 81 ,e dcmonS
! that II Le adjusted. These very complaints show the
nnderanSnY o S be p gPdToroncd 10 Numbers
They show also that the epportonmen dcmanded
rsores m,on the NUMBER Of Inhabitants. far may
be- and not an arbitrary ara rneggal di.,rb "a,
NJ ne LEGISLATURE end that discretion cannot be re.
viewed by tho courts. That some discretion ~ ihat
is Just as clear that the discretion Is not ahsol'c De-
csIse II is expressly directed that The npp"TuohWeht
sIonh be equal near as may be. -
As is said by Judge shepley IA MIME, 472l, The
G G lasE1SS " BY declaring ni he cohiry a
be 'as near a, may &c mat Is, a. Near q, lH Dr
Of inhabitants. Tho language must have been used
to define Che rule, not to permit neparl,
! iustlv exercised it might I've. II there may
/ be sound and Just exercise Of discretion,
and unjust exercise Of IT, If ii be permitted al all IN
any other than when arises out Of an absolute
and any other there Is this great and favorable dis
| fnction II finds It's own certain limit In the ne
Tbr Than that necessity requires that il should and
! IL is not Therefore. liable 20 be abused. And this
Is the only discretion that can in THIS case b. al
There is wide distinction between such limited
f. do as It pleases It must be remembered that the
making of an appointment il not. like The passage
| of law. matter WHICH i 10 NC uol' UT not hA
| he Legislature scos nt II is absolute duty i'm
( posed by the people. without sanction II Is true.
! iut none the less duty The manner Of performing
/ ms duty is also prescribed. The provision o. tho
Cansiituiion Us have shown above Is mandatory. and
NOT bv way q advice or suggestion only. The limited
J discretion 20 bc exercised Is not mere arbitrary
One. bnt one 70 be extended only far mny be
neccssary When II appears. II docs here that the
narrow and limited discretion IS departed from 50
widely that 1t cannot possibly he accounted for on thc
ground II necessity. even Of convenience. then the
| conclusion is inevitable that constitutional dis
crciiOn has used m, tho people have expressly
REQUIRED tha tho limit Of necessity should bc observed
Tho power 10 app0nlon Is limited by the conditions
q. the grant th"sc condition. inhcrc I'm II. When
the Legislature disrcrards them IL beyond i's con
s,itutiOnal power II the constitutional limit Is over
stepped aud the legislature enacts Tint which tho
people have forbidden. | reason why he courts
slnllih fake fllclr lh1f point and Assrif