New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-04-28
SELECTIONS FROM THE MAIL
CONSTITUTION AND ACKNOWLEDGMENT.

CONSTITUTION AND REAPPORIIONMENT.
CAN THE ACT OF THE LEGISLATURE BE SUB.
JECTED TO JUDICIAL TEsTs'
TO the Editor Of The Tribune.
Sir: have read with the greatest Interest your
comments on the various partisan measures urged BY
the Democrats of the Legislature in the closing hours
Of the recent session. You deserve the greatest
credit for the Intelligence, vigor and boldness which
have characterized your course in this connection. /
have I'm particular read with interest the statement
made in Your issue of this date entitled "Rice's
Padded Returns.'
Ny object In addressing is TO call your attention
to the statement made as follows: The Constitution
says that the appOrtionment shall be- made by the
Legislature AT Its first session after the return OF the
enumeration, without having examined the Con-
,tuton or ever having given the subject attention,
may say that 1t strikes that the hight Intent o! this
Constitutional provision Is that reapporonment shall
not DO made BY the Legislature by whose instructions
a census has been taken agree entirely. therefore,
so far as am able to Judge. with your construction Of
the Constitutional provision.
Now [ was a great deal at Albany during the SEQ
sion Just ended. present at several of the
hearings before the Joint committees on the Maynard
case | had frequent opportunities u meet members
Of the legislature in both houses. do not hesitate
to say that the most scandalOus procedures were CON-
mon there. Utterly irresponsible pari>anshlp char.
acterzcd the Democratic majority In each house.
have been Of recent years voter Of the Democratic
ticket In National contests. My sympathies are In the
direction OF tariff REFORM but the first requisite In this
country OF Is honesty In the conduct OF public
affairs There has been about little honesty IN the
Democratic management at Albany the last few months
o. II is possible TO conceive. Democratic management
Is utterly dlscrelted by the Of the last session
In this matter OF the reappotonment the DcmocTauc
majority should be dealt with by citizens AT large from
this point Of view II ID be true that they are about
to violate Constitutional provision by making new
apporonment at this extra session, il Is the duty Of
every citizen irrespective Of party, 10 Join In pro-
test against their action.
But II you right IN YOUR reading Of the Constitu-
ton there Is a remedy Judge. Is there any reason
why decision Of the courts cannot he taken upon the
question whether 1t is right 10 make new apportion
cnt at an eXtIu session, that Is to say, ssi0n In
which the same members would pass upon the app0r-
tonment ms those by whose votes the census was>or
~, Is PGs o sn T OF bs sn and
can fail In courage and resources 10 meet II IN the
courtsl If the apportionment can be put over until
next winter, there Is, after the scandaous procedure
OF the last few months much reason 70 believe that
the Assembly will be Republican. An appointment
TO be made then could only be effected in such
by the Joint action Of Democratic senate and Re-
publican House. No wrong could happen under those
MANNERS should take this thing in hand at once.
Ncw-York, April %, 1892. CITIZEN.
(Our correspondents suggestion is not new TO
those Republicans, both in and out of the Legis-
lature, who are watching events at Albany.
There are practical difficulties in the way of rails
ing the constitutional question so that the courts
can pass upon it, But those difficulties are beang
considered, and, if possible will be overcome No
doubt exists in the mind Of any lawyer, so far az
we have heard, that the proceedings at Albany
making reapportionment are in utter and
violent contempt of the Constitution. Ed