Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-09-09
FRIDAY. $50. SEPTEMBER o. 1892.
Observation-Disclosures

Indiana is Mr.. HARRIsoS's own State.
He seems 10 be determined upon securing
for himself by fair means or foul the cleo
toral college of that State. At any rate,
Judge BuNpY has allowed 10 be started
case which the Indiana Republican papers
boast will be carried MP TO the highest
court in the State in short order, and thus
provide for holding the presidential cleo
ton In Indiana under State laws which
were repealed several years ago. The pc
titioners ask for a mandate requiring the
State election officers TO proceed under the
provisions Of the act of 1879, alleging that
the acts Of 1885 and 1891 are III con-
hict with the State Constitution, and
therefore void. The court Is asked
TO interpose because, so the Republicans
say. the legislative districts as made by
the last Democratic legislatures are IN
fair and unequal. The telegraph says that
after the matter had been fully laid before
him Judge BuYpY issued writs ordering
the defendants to show cause forthwith
why they should not be required to COM
ply with the petition of the plaintiff. The
telegram further states that should Judge
BUSpY hold the law TO be unconstitutional
arrangements have been made to rail
road f" the case before the Supreme Court
next week. In fact, the Republicans claim
that within two weeks, laws which have
been in force in Indiana. one of them
seven years and the other over one year,
will be rendered null and void by an adj
verse decision of the Supreme Court of
Indiana.
OF course this proceeding will be mere
partisan proceeding. 1t may change the
result of the presidential election OF 1892,
OF perhaps cause internecine troubles
which have never been equalled in this
country except in the period from 1851 to
say 1870. or until reconstruction was nc
complished. When Judge. RUMEY, of
New York. rendered, as be recently did. a
decision somewhat similar to that Of
Judge BuSpY we took the ground at once
that when the Constitution of New York
confided the redistrictjng of the State for
the election Of members OF the Legislature
to the Legislature it confded to the Legis-
lature the whole matter. We think the
Constitution of New York uses the very
words employed in the Constitution of Viz
ginis which are as follows:
" The whole number OF members 10 which the
State may at any time be entitled In the House
Of Representative Of tho United States ior In
the Legislature OF virginia) shall be apportioned
as nearly as may be amongst the Several coun-
ties, cities. and towns of the State according TO
their population
The Virginia Constitution requires con-
gressional districts 10 include las nearly
as may be" an "equal number of popula-
ton" Also, to be compact" Also to
be composed of contiguous counties,
cities. and towns" What court is quail
fed TO decide whether these provisions Of
the Constitution have been complied
with?
No court has the right to interfere In
this matter of reapportionment. II is a
trust which, as We have said, has been
placed in the hands of the Legislature.
The Constitution requires the legislative,
executive, and judicial departments of the
government TO be kept separate-that IS,
not 10 interfere in one another's business
The Constitution also requires the Legis-
lature to count the votes for Governor,
and to declare who Is elected TO that Of
fee. Will anybody set up the claim that
any. even the highest court In Virginia,
could coustitutionally interfere with the
Legislature in the performance Of this
duty, or take jurisdiction in case in
tended to decide who had been elected
Governor? LOOK at the Indiana case. II
the Republicans had not obtained pos
session of the courts till the year 1900 the
case now under consideration could not
have come up until that time. Or, if the
Democrats shall next year regain control
Of the courts, they may by some means
procure to be set aside the decision which
the Republicans now ask for in aid ofthe
Republican party.
In fact, the path Of duty is the path of
safety. If the Republicans thus steal the
vote of Indiana, there will be a clamor
amongst the people such as was never be-
fore heard. They will not acauIesce In an
irroparable wrong as they did IN 1876. This
thing of eight-by-seven electoral commits
sions is played out" The people will
not again quietly submit to being cheated
out OF the presidency. The courts will
have silenced themselves by their nefari-
Gus decisions contrary to the Constitution.
The United States Constitution provides
that Congress may by a two-thirds vote
propose amendments 20 that instrument.
When such an amendment was sent 20 Dir.
LINCOLN for his approval he approved It,
but expressly disclaimed the right to ap-
prove or disapproye proposed amend
ments. According 20 Judge RUMsTY and
Judge BUNpY Mr.. LINCOLN was wrong.
But he was right He declined TO inter
fere in a matter conhded entirely TO Con-
gress. SO In New York and Indiana the
legislatures have the sole right to reappor-
ton or redistrict those States for the cleo
ticn Of congressman, &c.
What credence would party whose
courts thus propose 10 degrade the Consti-
tuition be entitled TO when It promised
that it would not pass Rte force bill nor