New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-29
A GERRYMANDER KILLED.
FRAUD REDUKED FROM THE BENCH.
SUPREME COURT on THE RECENT DINO
CRATIc REAPPORTIQNMENT.

SUPREME COURT on TIE RECENT DINO
CRATIC REAPPORTIoNMENT.
lansing Mich July os-The Supreme Court has
handed down opinions declaring unconstitutional the
two acts OF the last Legislature reapportlonlng tle
Representative and the Senate districts III the state
The title Of the case involving the senate gerry
mander was Theron F. Gidding against Secretary
OF state" and that involving the Representative re
districting was "supervsors OF Houshon County
against secretary OF state The mandainrs asked
for is granted in each case, and the secretary Is
ordered to issue notices OF election In accordance
with the redsticting Of 1881, the acts OF 15o5
being held to be equally defective with that OF lS9l
The court is unanimous both acts. The decision
In the senate case was written by Justice Grant
Chief Justice Morse and Mr.. Mctirath filing oppions
In which the same conclusion is reached through @
different of argument. The decision OH inc
Representative bin was written by Justice Long, the
Chief Justice filing a separate opinion
The Secretary Of Is Instructed to follow any
new redisricng scheme which may be enacted should
the Legislature be called I'm special session by tho
Governor.
Governor wlnans when asked If he would call an
extra session OF the Legislature, said / canno'
now state definitely whether not | viii call an
extra session. | will first examine the matter
thoroughly, and unless find glaring inequalities in
the apporuonment OF 1881. | will not call extra,
session. The situation must be- serious to induce me
TO convene the legislature" Justice Grant, In his
opinion declaring the gerrymander act OF 1891
invalid says:
The AIgortonment acts Of 1891 and 1855 uncon-
stutlona aid void The SECRETARY OF State Is restrained
Issuing notices under the oct OF 1871 but not under
that Of 1881 unless the Oo'c7no: shall call special
session.
The held unconsut ona upon the quality Of the
spportlonment. county to have two Senators must
have ratio and noety Of ratio OF population I'm.
10 hcd q
the act been removed by Its being ecquiesced
three elections 1t Is affected with the same constta'
t.onal inhrmity the act OF 1891
10 my opinion that notices should be given under the
act OF 1885, has bee acquie'ced in but yd to the
opinions OF my brethren who think should be under the
act Of 1881 which has not been brought IN question
Chief Justice Morse agrees with the opinion Of
Justice Grant.
In granting mandamuS in supervisors OF llough-
ton County against Secretary of state which de
clares the Representative Apportionment act of 1eJl
void, Justice Grant says IT i, not intended by the
Constitution that county should be divided IN form
Ing Representative d~ttcs, un.ess 1t BE- entitled 10
more than one Representative, and then the division
shall be made by the Board OF supervisors IL Is clear
that the Constitutional provision, were violated and
ignored. II county can be dsmcmbered all can.
Under tho moiety plan OF app rlJnment Iloughton.
McnOmlnee. Montcalm, saniac Tuscola and MicomD
counties would each be entitled - Representatives.
of these six counties il three efi IL should
be the three last named, they have the least pop
uatlon. but the Legislature reversed the con'tltu-
tiona oIde; OF preference and gave two senators to
the astnamei three counties. and but one each 10 ths
first three. Tn. ~ 1927 IS void because II
attempted to dismembcr lioughon County and vlo-
lated the Constitution In giving the counties Two
Representatives that had less population than tho
counties accorded Bnt one.
An examination Of the act Of 1897 shows 1t 10 have
been Within the constitutional discretion OF the Legls-
utuic Al q TIE notices must be gwen under IT, lhieSs
the Legislature makes new and valid appOrtonment
In rp,cul sc-,i' ~.
The court arrives at nm ininouS conclusion rom
practically the ,ame StandpOintS although the phr Sc
ology in the opinions Of chief Justice Morse and o..
Justice McGIath i not the same.