New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-28
THE ILLEGAL APPOR7IONMENT.


In this issue is printed in full the speech de-
liycred yesterday by Mr.. sutherland before
Judge Rumsey, at Rochester attacking the
Legislative Reapportonment Act on the ground
of its unconStitutionaty. Every man who
has n vote in this State ought 10 read Alr.
Smherland's speech The Republican party
was foully dealt with by the last Legislature
and by the Democratic bosses who decrced It's
acts. and that part of the wrong when had I"
do with the redistribution of seats IN the Legs
lature is here presented with clearneSS com
pctcncss and force that combine to make what
seems 10 lis an unanswerablc argument. The
reapportionment of the Legislature was. of all
the objects held in view by the senate thieves.
tho ono most desired They wanted their plum
der. their bridge bills. their railroad bills. their
dctestablc little charter amendments with de-
tosoblo little steals concealed behind them
they wanted their constitutional convention
their ljouor-dcalcrS' excise law and their Con
gre,s district gerrymander. But all these taken
together were OF small importance III Their eyes
compared with the scheme 50 10 rcdlstilct inns
State as 10 give them permanent control ot the
LEGISLATURE This was the prime object OF all
the yillanies that led last January to the or
canization Of fraudulent Democratic Legs
lature.
There was no want Of system in the steps
taken 10 accomplish this prime purpose. The
houses were scarcely open for business before
a bill empowering the secretary OF state to
take an enumeration was introduced. All as
cretion was placed unrcServcdly Ill the hands
of tbiS officer He was empowered IN his own
way 10 appoint the enumcratOr>. and according
10 his own view to compensate them. An army
Of :. 600 Democratic political workers was
called instantly into action and while the SHOWS
were still covering half the State. the cnumcIa-
tion was taken. II was everywhere a fraud.
and in this part Of the state the frauds were
simply gigantic BY evidence that has not
been disputed the effect of which cannot he
questioned TIE TRIBUNE has proved that mt
least 80 900 names were falsely counted IN
the two counties Of Newlorli and Kings. In
an equally dishonest manner the enumeration
was computed. According 10 the Constitution.
representation was 10 be based upon the citI-
zen population bur. Nv physical alterations Of
the enumeratorS' rolls committed In the O'iic" Of
Secretary Of STATE Rice and under the direction
Of his bureau officials. n least 10000 aliens
were fraudulently counted ~ citizens. II was
on a report of an enumeration thus wrongiully
taken and wrongfully counted that the Legis-
lature proceeded 10 rcdisIict the state
These issues of fact were not presented Ia
Judge Rumsey. His attention was called only
to issues Of law. II was claimed by Mr.. Suthcr
land that upon four distinct grounds. each OF
which has been heretofore delincatcd in TIE
TRIIrNE, the reapportonment contrayened the
r 4 II fgf. AtIfh nr-
lands argument is exhaustive. II goes into
each issue with great care and fulncSS, and II
leaves the courts no other option, II they up
hold the act. than TO contradict the whole the
ory of a Constitution. No principle Of law is
better settled than that a written Constitution
bv clearly defining how a thing shall be done
forbids the doing Of it in any other way. II is
required by the Constitution OF New York that
an enumeration OF the population shall be taken
in the year $50 and at the end Of every ten
wears thereafter that n redistribution OF seats
in the Legislature shall he ordered by the Lcgis-
laturc mt its first session after the return Of
every enumeration and that the redistribution
shall be based as To the House upon the citizen
population, and as to the Senate upon the citi
zen population, exclusive Of persons of color not
tain as nearly Us may be an equal number of
inhabitants and that members of Assembly
shall be apportioned to the counties as nearly
as may be according to the number OF their
respective inhabitants.
In the act now before the courts no one of
these provisions has been respected. The
enumeration was taken, not in 1885, but in
1892 The Rcapportionment Act was passed,
not at the first session Of the Legislature after
the return Of the enumeration, but at "a special
session of the same Legislature which took the
census No accounting whatever Was made of
persons Of color not taxed, and the distribu-
ton Of seats both in the Senate and in the
IIonse. was made in fragrant disregard of the
Injunction to base it, as nearly rs may be, on an
equal number of inhabitants. II will be found
by reading Mr. Sutherland's address that the
Republican objections to the Reapportionmcnt
bill are not captiouS, narrow or technical. II
is simply asked that a due regard shall be had
to the will Of the people as expressed in their
primary law.
RRE4KTNG THE OCEAN RECORD