Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-08-07
Raannortlonment.

Judge RUNsEY. of New York, has a.
.sumed that he has the right to exercise the
Eunctions of the Legislature of that State,
end, as we announced yesterday, has de-
ciared the act Of that body reapportioning
representation IN the two houses of tho
General Assembly unconstitutional and
void. Ever since the first western decision
of like import was rendered we have had
doubts as to whether the courts had any
right TO interfere in such cases. The
power TO reapportion representation is by
the State constitutions entrusted to the
State legislatures. Itwould seem, there
fore, that when q Legislature acts its action
ought TO be final. The case is somewhat
like that Of proposing amendments to the
Federal Constitution. The Constitr.
tion entrusts this power 20 Congress:
.The Congress. whenever two thirds
of both houses shall deem it neces-
eary, shall propose amendments to
this Constitution" Dir. LINCOLN held
properly that he had nothing to do
with the matter. So 1t is at least ques-
tioR whether the courts have any right to
pass upon a reapportionment bill. If they
u
tions ought to be 80 amended as to pro-
vide that all reapportionments of repre-
senfation IN State legislatures or for the
House of Representatives at Washington
should be made by the courts, or, let US
ray by the highest court in each State.
Such cases as the Now York and Michigan
eases have elements in them which may
cause them TO be taken no TO the Supreme
Court of the United States But nobody
would, we suppose. concede that the
courts have any right TO touch the law of
Michigan providing how electors of Presi-
dent of the United States shall be chosen.
That law stands upon the constitutional
provision that the electors in each State
shall be appointed as the Legislature of
bssh State shall provide. There is no rea-
BON for revision by the courts. The other
eases are very hike ii in principle.
The New York decision under considera-
zion is desperate effort Of the Republi-
paus TO undo the work which Governor
HiLL and tho Democratic Legislature of
New York did so well during the last ses-
sion OF the Legislature Of thst State. We
take il that Judge RuNsEY is mere tool
ps the Republicans, and we would fam
hope that the highest court in New York
will administer rebuke 10 him. He is q
tnischief-maker II pretended Democrat,
and Republican "heeicr II Republi-
can. II the Legislature Is recalled, or can
be recalled. by Governor FLowEa. then
pudge Runxr ought 10 be invited to re-
pair 70 Albany during it's sessions and
kindly tell the members Of the Legislature
whether the proposed representation in all
the legislative districts is equitable or not
Why notf He has assumed to be above
che Legislature. He has decided that the
existing reapportiopment law IL null be-
cause unconstitutional and unconstitu-
tionsl because representation In many
districts IL inequitable." Surely Judge
RuxsEY ought TO draw up constitutional
bill. But badinsge aside. the impression
upon our mind grows stronger and strong
Or as we reflect upon the matter. that
sadge Rustxy had no right to render any
such decision az the ono under considers
Hon. He usurps the functions OF the
Legislature whom be undertakes 10 pass
upon the equitabisaess or fairness Of q re-
npportiopmont bill enacted into Law BY
. body having the power and the right TO
decide whether that bill vas equitable and
or not. The decision OF
Inc Now York Legislature was fnai. or
pught 10 have been recognized ~ final.