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

mart in procesdng Which could only be carried on
in Violation OF the fundamental law Judge Bron 30
@fnder our form Of government the LEGISLATURE IS
not supreme. 1t is only OF the organs o' INA, .,ar
Of the people Like other departments OF the Gov
eminent, II only exercise such power 40 e.,
bonnaarv lis acts like those Of the most humble
magistrate In the state who transcends his o
utterly void
THE CONSTITUTION 4 BAR TO ENCRoAcHMENT'
The nature Of orr Constitution. standing as II ooe
like barrier between the encroachmenfs OF the iees
lature on the one hand and the rights Of TIE pop0 VI
the other is well expounded in Cooleys 'ohs"''io"
Limitations, fifth edition. IN. p 10: III oo''N
ing state constitutions must not comhh' mo n
of surprising that, because individual riSh'' are
and protected by Them they must also be coh'ue'eu "
owing their origin to them These Instruments '"eN
M III. powers Of the rulers. but they do not measure
the rights Of the governed What is CONSTITUTION anu
what are It's objeciS' 1t is easier to tr VIVA. i, com
than what IS It is not Dry Saf yshs t is not the
fountain Of law nor the incipient state OF and
1t k not the but s to o. the pcope Sm
Is the creature OF their power the INSTRUMENT OF theIr
Designed FOR their protector ,bc s' pos
sesscd before the constitution was made II Is On. .r
framework Of the political "ondon Of aq laws lights
habits and modes of thought. There Is hotns pr'nn
ys n M an Is al Hre Society law
personal freedom love of political hSeTs' io ard n
cultivated
consttntion is in every instance Limitation upon the
power OF wrt,"p epubIican constitution which dele
gated TO functonares all the latent power Mhcn I
and Incapable Of definition" nou
1t is said in Van Homes case vs. powanrr; Ds
delIneatod by the mighty hand Of the people IN wnrn
certain s principles Of fundamenal laws are e,T
isa tD GS0sy s1ys sw Of he State OPPOSITION
which any other law or any drecon OF dc' ntSc- law
S Sf or dec"e seems to appcae 70 the faci
but on comparison with the nndHmen an,. law wbat
The law 70 of the case is must necessarily determine its
invalidy. and thereby in effect annnl IT, =, American
institutions Mr. James Bryce; who writes Of rs much
better than we could OF oirsclves becansc he Is dis
wealth" volume l. page 4o7 The peoples of inc
States have come 10 dsrust their rr,pce'ES him forth
with and in their own wav. rather than leave 1t 10
the chance Of legislative action but 10 narroW as np
sphere Of the legislature. There is an unmlsakahIe
wish in the minds Of the PEOPLE to nc, rhis
sentiment Is characteristic Of democracrN cvey"here
The same conscious relish for power which caus n"
catcs finds n further development IN passing bv me
Representatives and setting the people itself to MAKE
and repeal laws
THE BASIS UPON WHICH ANY APPoRT1oNMfNT
MIST RET Is A CONSTITUTIONAL CENSUS
II WAS argued indeed in DcCamp vs. Evchnd. ~
Barber 81 that the Leg stature In making tho APP
port,onnlent might assume 10 know tho popnhuon "f
the state through some other sources Of Information
than by means Of census. Judge JOHNSON IN Ms
dissenting opinion In that and he was ahcrwad
sustained nv the Court u Appeals said ut page 10:i
II IS quite clear TO my mind that the design OF the
Constitution and IS that dercnnial enumeration
shall form the only basis and standard for aDpoilohhg
members. and for aScerianing eglsly OF meinOer,
that until another. and on rs long rs the sll VI
81 Nd The Constitution provides an apporilon
NJ the mlpIS
counties OF the state rs nearly a. may De accorAi.
10 the number OF their respective inhabtnnts ana IL
also provides in what manner the number l. 70 Ice
ascertaned and II seems to me every olher nrlho1
Is. by every r'ssonaDe anu l".i ToI "a II
the Court Of Appeals by divided vote heid mat we
act to erect ne tmi9| q, 9 rnS e yod in he ght
Of subsequent legislation, raifyng and confirming me
was after the census Of 1855. Judge Strong in writ
ing the prevailing opinion. SAYS. at pages 40 ana .,
1t was contended tat the census taken IN l7i5
1855 continued furnish. the only legitimate eVi
dencc of representative population ! think that It
was intended that such census should furnish the onv
criterion as to population In the reorganization on me
pany 20 sfpaf nf sS from the directions that such
organizations shall DE made at the first session after
the return Of any enumeration art. 3, secs. a.. .
art @. Sec 10y. and far 81 relates 10 he judicial
districts at other time. and ms 10 the senate and
Assembly districts. no alteration can be made until
subsequently in the case Of tanning agt carpen-
the n: original act u 1854, setting Of the county u
Schuyler, was unconstitutional. and That all inds
tween the creating Of 1854 and the ratification act
q 1857 were mil and void Bn he v,cws 81 Jude
opinion Of Judge DEMO 900 y. Y. p. 40 and
an. where he says BY the present Constitution
adopted in the year 1916. II WIS declared that an
enumeration Of the Inhabitants OF the state hould be
taken in the year 1853 and at the end Of every ten
Of this proceeding was to enable the legislature to
adjust from time TO time The repIes,sntalion IN the
provided that at the first session Of the legislature
fr the .Ean% of syer % ny 9 The Ie9e
that ench district should contain. nearly might
were to remain unaltercd until the return Of another
| enumeration. At the first session Of tho Legislature
siter the return o. each eh U srr w to
| among the counties on the same basis
THE PEOPLE PROVIDED FOR ALL THAI WAS
| TO BF DONE.
The people had the right 10, nnd did say IN the
Constitution when and how a ShOnld be taken
upon which, and upon which only. n redistribution
Of lawmakers should he had. The people had the
power to say that there should he redistribution,
ms Is the case In some OF the States. Connecticut
has ordained In her Constitution that the Legislature
shall consist OF representative from ca h town
md twelve Senators elected from the State al large.
Delaware provides by her Constitution that each
county in the State shall elect seven members and
three Senators. Georgia permanently fixed rcpre.enta-
! ton at ten members from each county, with certain
exceptions and addiiion The Senate Of RhVie Island
consists of the LieutcnantCovcrnor and one Senator
from each town or city In the state. by the Con
stitutiOn OF Vermont, each town has Representa-
tive In the lower ho'se. the Senators only beinS ap
pOrtioned according IA The population.
But the people, INSTEAD OF saying that the rep
rcSrntaOn existing in 104c shOuld remain unchanged,
provided just what and only just what change should
take place. t. wit, a reappOfiionmeni based upon
section OF Article III OF The Constitution which says
" An enumeration OF he inhahagts OF IA" State saI
he taken under the direction OF the Legislature, In
The year leo5, and at the end Of every ten years,
| thcreafter." The cnumerang Of the Inhabitants or.
A OF a efu.uS * "A. OF
| Che things which Legi inure Is organized 10 do.
| Our Constltu ion says at Section ] Of Aitre III {:
The legislative power Of this state shall be- vested in
n s.aatc and Assembly," Cooley sayS fCOI.f fuiiOnal
Lmitations III. p. 90) "The legislative power We
| understand to be the authority under the Constitution
TO make laws and 10 alter or repeal them. Laws In