New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-14
THE COTRT ~ POLITICS.

The state of Ncw-York presents to the co''n-
try the humlliatne spectacle of Court OF APP
peals. dealing with Il grave constitutional ques-
ton in which arc involved large partisan IN
tcrests. divided on party lines. its Republican
members voting to uphold that view of the
Constitution which has been taken unanimously
by three other appellate conrts III three other
states ard which until now has never been
denied It's Democ.atc members voting 10
maintain the interests Of the Democratic party
and TO affirm i law the inequality and unfair
ness of which they placdly concede. The fact
that our Count OF Appeals is Democratic
body was profoundly impressed on the people
Of this state last year when il rendered de-
cision which stated in one breath that GER
tain Democratic Board Of County Canvassers
had no right to refuse certificate OF election
TO a certain Republican candidate, and then
refused to nandamls the Board OH the ground
that, IN the Courts Judgment which 1t had ad-
mttod 10 have nothing 10 do with the case
the Republican candidate was not eligible To
the office t. which he was elected. Following
that decision came another, equally rational as
Il matter of Democratic politics and equally
queer as a matter Of judicial declaration. IL
said that 1000 Republican voters in Onondaga
County must be DISTINGUISHED and the Repub-
can candidate for State Senator deprived OF
the Office to which concededly he had been
elected because ballots had been used at GER
tan polls which were designated on their backs
to be used at certain other polls. The ballots,
however designated, were all the same kind
Of ballots, as identical as two peas in pod.
and only two years before the Court had rem
delcd decision declaring, in effect, that voting
regulations must not stand when they resulted
in the Acknowledgement OF innocent voters. But
last wear was year when three Democratic
Senators were needed in order 10 make the
state Senate Democratic, and they were OBJ
tanned through these decisions.
1t is idle to argue against the Court of APP
peals but it is highly desirable that the pub
lie should understand the point of view from
which the Court can be expected 70 look al
questions coming before it for judicial inter
probation in which partisan interests are con-
cerned. In the prevailing opinion the Court
does not undertake 10 say that an appouion-
ment of the State which gives four Assembly
men TO county having 10000 population
and three to a county having $4,000 pOpula-
ton is fair or just. or that il obcyS the con
stitutionnl injunction that seats in the Assem-
bly, must be appoltioned a. nearly as may be
according to the population. 1t merely says
that there are only five or six Of these cases.
and that that isn't rs bad as II might be, nor
so bad as has been done heretofore, and that
it will, therefore let the inequality and in
Justice stand. Comment on this method Of
making and constituting the law OF the Constitu-
ton is most adequately supplied in the follow
ing remarks from the decision of the Demo
cratic Chief Justice Of Michigan "Thc time
has arrived for plain speaking in relation TO
the outrageous practice Of gerrymandering,
which has become common and has been
so long INDUCED in without rebuke that it
threatens not only the peace Of the people,
but the permanently Of our free institutions.
There is not an intelli gent schoolboy
who does not know what is the motive Of these
legislative appointments, and 1t is idle Tor
the courts t. excuse the action on other
grounds, or t. keep silent as to the real rca-
son. which is nothing more nor less than par
ti>an advantage taken in defiance Of the Con-
sttution and in utter disregard of the rights
Of the ctizen"' This covers the case, and it
furnishes material for contrast between the
Democratic Judges of Michigan and the Demo
cratic Judges OF New-Yolk which does not
need to be put into words.