New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-01
A GERRYMANDER ANNULLED.
SIGNIFICANT PASSAGES FROM TIE MICHIGAN
DECISION
1T Is NOT ALLOWABLE THAT ONE ELEOio"
SHALL POSSESS TWO OF THREE IiNhS No'''-
INFLUENCE THAN ANoTHLR-cHEF'

On Thursday of last week the supreme oo"''
! of Michigan handed down decision anhuiii"S ..
legislative reapportiOnment act passed ps ''c '''N
| Democratic LEGISLATURE Of that STATE i"o N
held the law TO be unconstitutional on II'e Si'",''
Of its inequalities in representation ms 10 wv
principal point icing urged before t'e c'u' 70
Of New-Yor< against the gerrymander passed. "'
| the Albany Legislatures extraordinary Se''.o"
The text of the Michigan decision VIII -trefe'o,e
be found Of great interest rs bearing on the pro"-
able fate of the issue here Following are the
important and pertinent parts OF the main ah'
concurring opinions The courts decision was
| unanimous:
| The Constitution Of Michigan contains the ioho"'
| ing provisions found in Article 4
! "Section /. The legislative power IS vested III
| Senate and House of Representatives..
Sec . The Senate shall consist Of thirtytwo mem
bers. Senators shall be eectd for two years, and
by single districts. such districts shall be numbered
| from one to thirty-two inclusive; eacn 81 which
| shall choose senator. No county shall be d.
vldcd in the formation Of Sennte districts, except
such county shall be equtaby entitled t. two or
| moro Senator'S.
| Sec T. The Legislature shall provide by law for
an enumeration Of the inhabitants In the year 1854
| ard every ten years thereafter and at the first
session after each enumeration made and also at
the first session after each enumeration bv the au
hority OF tho United States, the legislature shall
rearange tho senate districts, according the mum
Der Of white Inhabitants and civilized persons OF
Indian descent not members Of any tribe
Acting under these constitutional provisions tho
Legislature passed the Senatorial Apportlonmcnt act,
No. 175, public of 1891. by the census OF
1900 the population was 2,0@3,os9 The ratio OF
each district would therefore be 65.43f. Eight OF
the districts under this act contain populations as fol
lows With. 0l4oO; Xth. 52,G07; NlNth. oa,015;
XvIIh. oG.120: XXth. $1,000; XVIII. 5000;
eight largest districts Eight other districts contain
populations follows: XlIth, 4l,24j. XIh. 42.1lO;
XVIh, 1926: XXIId 42546; XXIIId. 30,7o7;
XXVIIIh. 1901: XXIXth, 4O,O33; XXXth, 53,O65.
A COMPARISON OF COUNTIES.
Under this aprOronment eight senator's would rep
resent constituencies numbering In all G95,7l1. while
eight other Senators would represent constituencies
numbering In all only 3i9.O5G. The comfy OF sag
NAV is given two senators. although II contains
population Of only e.273. The XXv1I'h District Is
composed Of nine counties, with population Of o.
$780, while the XXIXth. with eight counties. five OF
which adlon like number Of counties II the
%NNllth, contains population Of onl 4oO'5 The
general jurisdiction ~ thi, court 10 determine the
consutionallty Of legislative cnactmcnts Is not lin
tied to exclude laws involving political rights.
THE COURT has JURISDICTION.
The Constitution Of wsconsn.in comforting Iurisdic
ton upon is supreme Court IS nearly identical in Inn
guhge with The Constitution Of this state Tho Supreme
Court OF Wisconsin has recently most thoroughly dis
cusscd and determined tho jurisdiction OF the court In
similar in principle and It's facts 70 the present one
Tho authorities In support OF the Jurisdiction are
there cOlatcd. and citations made from them. Were
the power conferred upon the legislature OF nb
solute discretion. then tho express mandate shall
reamnce according to the number Of inhabitants"
would be void Of any force meaning, except that
It might be regarded expressive Of the opinion Of
the trainers Of the Constitution that such method
would bc equitable and fair. We have NJ doubt OF
the jurisdiction Of the court.
THE ACT CLEARLY UNCONSTITUTIONAL.
Tho unconsututionslity Of the act is clear. Tho
County Of saginaw, with only 1889 Inhabitants IN
cxccs, OF the RATIO Is divided into two senatorial dis
uicts having oi,l50 less than the ratio, and the
other having 23,334 less than the IA TO- There Is no
basis constitutional otherwise. for such an appor
uonmcnt 1t Is contemplated by the Constitution that
the ratio shall govern as far it Is practicable. A
county having an OF only about one fourth Of
the ratio Is not, In the language Of the Constitution.
Iitahly entitled to two or more Senator's willie
tn, district, composed OF eight counties, and containing
nearly two and n half times the population OF each
district into which the former county Is divided,
,civcs but one senator. Equity has no definition ap
ihat one electOr should possess thrc times
influence In the person of representatives Senator
ihan another elcctor In another district Each. in 50
Is practicable. Is under the Constitution, pos
sc,.ed o. equal power ana lghgenc Co. Egnality IN
1t guaranteed not only by Tho Constitution. but 10y
wGc GI to tnt S Of McRsan was carved o"' o'
Aside from considerations Of equity and Justice 1t
that the trainers OF the constitution m
dcrs0od that county. 10 be entitled to two
tors. must have ratio. and moety of Il ratio. OF
population /
Az HONEST AND FAIR DISCRETION.
The state cannot he divided into Senatorial districts
with mathematical cXactncss, does the Constitu
ton require II requires the exercise the part Of
the Legislature. OF an honest and fair discretion in
apporoung the districts 10 preserve, as far rs
may be- tho equality Of representation. This consu-
tona discretion not exercised in the Apportion
this lcyond any controversy, and language can |
make tho demonstration palmer There is no difficulty
In mailing npportionmcnt which shall satisfy the |
demand OF the Constitution.
JUSTICE MORSE CONCUR.
The concurring opinion Of Chief Justice Morse |
in the senatorial matter is u very vigorous doci-
mcnt. lie says the act of 1901 went beyond |
the legitimate discretion and violated rules of
equity when it was not necessary or proper t.
do So The AANllth and NXlXth districts
lie contiguous TO each other and there
was no excuse for putting % 800 People into one |
District and only 40,033 in the other. While |
admitting that it Is true that the motive of nm
act need not be inquired into 10 tcst its consti-
has arrived for plain speaking In relation 70 the
outrageous practice OF Scrrymandcring. which has |
become common and has so long been INDUCED |
In without rchakc that II threatens not only the
peace of the people, but the pcrmancncy Of oar
free institutions.
The courts alone in th, rcspcct can save the
rights Of the people, and give them Il fair count
and equality in representation.
The people may change the political majority
in the Legislature rs they often have a ms but
the new majority proceeds al once tn make IN
arporti6Emcnt IN the Interests Of ts Marty rs |
unequal and politically Vicious rs the one that il
repeats"
Chief Justice Morse SAYS that "thcre is no, an
intelligent Tho6.1oy who loca not know what
is the motive y thee legislative apportionmcnts
ami 1t Is ldlc Tor me court, To excuse tie action
upon othcI grounds or to keep silent rs to tho
real reason, which is nothing more nor less than
partisan advantage taken in defiance Of tho Con
the citizen"
In conclusion, hc SAYS. il is time for the citizen
10 appeal 70 the courts in defence of his most sacrc