New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-18
THE GERRYMANDER on APPEAL.

Full argument has been heard by the Cen
eral Term of the Supreme Court at Buffalo IN
the appeal of the city of Rochester from the
action of the Supervisors of Monroe County, re-
fusing to rearrange the Assembly Districts ac-
cording TO the act of 1892, infamous rs the
legislative gerrymander, on the ground OF Its
unconstitutionality. Mr. Sutherland, defending
the course of the Supervisors, argued
with renewed zeal and perspicuity each of
the four points hitherto made against the
gerrymander. A decision from the General
Term will be had early in September. and the
case will 60 to the Court OF Appeals as soon as
it meets on October 8, unless indeed 1t should
be convened especially to hear this appeal be-
fore that date. There is not an absolute neces-
sity for special convention OF the court. In
the natural course of events, in dealing with
such cases az this, it would render its decision
on October 49, That will be three weeks be-
fore election, and would afford time for the
proper carrying out of all preparations neces-
sary to an election under the new Ballot law.
Judge Rupsey made rather a summary dis
position of the claim that the enumeration and
apportionment were invalid because had in an
other year than 1885, and because the appor-
tionment was made in an extra session OF the
same Legislature which took the census. In
doubtedy the argument that this work ought
not to be rendered impossible because given
Legislature has failed to do its duty will ap'
peal TO the popular mind, and yet the reason
of the constitutional rule Is so clear and sound
that it is difficult to see how the courts can
disregard IT, IL Legislatures may tinker at
will with apportionments II the whole subject
is within their discretion, and if constitutional
mandates are mere suggestions TO be followed
or not as the Legislature pleases the rights OF
the people are at all times subject 70 partisan
maiorties The reason Of the provision that
the apportionment must be made at the first
session OF the Legislature after the return OF
the enumeration is equally clear and equally
sound. 1t is obviously undesirable that the
same body of men who direct the counting OF
the people should be permitted thereupon to
take their own figures and dispose of seats in
the Legislature according to their own pleasure.
Not only should there be time for the dgesting
of the census and for subjectng it to fair tests,
but the apportonment ought to be made by
different set of men from those who directed
the enumeration. All temptation TO bring in
n false and fraudulent census is thereby re-
UONcu. 1Hc CIihiCo VIC h"'O S~pN'N" ~ ''''
nection with the taking and the counting OF
this particular census by the Rice Enumeration
Bureau, as well as the frauds committed in the
apportionment, would have been impossible had
this simple rule been followed, and obviously
the reason why the rule was made was to rem
der such wrongs impossible.
The Democrats are growing less confident
Of the action Of the Court of Appeals. They
are not now so loud in their boasts of a pro-
prietary relation to that court. They do not
hesitate, however, to express their opinion that
the Democratic Judge will be monster of in
gratitude who decides this case according to
law, instead OF according TO the interests OF the
Democratic party. They recount the honors
which their party has conferred upon individual
judges, arguing that it is impossible to be-
leve that Judge will be so regardless OF his
duty to the party which elected him as to think
of placing his duty to the people above con-
siderations of party success and personal am
bition. by postponng action upon the nomina
ton for Chief Judge of the Court Of Appeals
they have served notice on Judge Peckham
especially that he must render his decision in
favor of the gerrymander or find his ambition
TO be Chief Judge turned to ashes. They have
deliberately undertaken to bulldozc the court.
and the people Of NewYork are watching the
issue with keen and jealous attention.