New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-12
TIE GOVERNOR IND THE GERRYMANDER.

TIE GOVERHOR AND THE GERRYMANDER
Governor Flower springs to the front with an
interview in 1.-THE NewYork World" wherein
he undertakes to instruct the Court of Appeals
how it shall dispose of the gerrymander case.
He tells the court that the Legislature, in pass
ing the Gerrymander bill, "acted upon prin-
ciples of necessity and public expediency," and
while he is no lawyer he doubts q if the view
which the lawmaking power took with respect
to its duty is subject to review in the courts
He advises the court that " there is plenty of
room within the pale of the Constitution for
acts of legislation that are not in all respects
Just and equitable" which, we suppose, nobody
will deny, except as to those particular acts
which the Constitution has been at express
pains to say must be just and equitable. lie
gives the court to understand that the Legis-
lature, for such unjust and inequitable acts as
it chooses to consider within the pale of the
Constitution, lis responsible to the people, V
and that the judiciary is a coordinate branch
of the Government and cannot control all legis-
lative action" While considerably admitting
that the courts at times possess function
to annul acts of the Legislature, the Governor
desires the Judges of the Court of Appeals to
know that they "have no right" as it seems
to him, a. to review legislative exercise of dis
erection or even legislative abuse of it,"
In giving this formal notice of his will and
pleasure to the Court of Appeals, Governor
Flower has clumsily initiated course Of pro-
cedure which David B. Hill inaugurated in the
contested election cases last fall. In Onondaga
the County Clerk a Republican, stood power
fully between the Democratic thieves and their
conspiracy to steal seat in the Senate which
the people had given to the Republican can
didate by majority Of nearly thousand votes.
in order to get this honest official out of the
way charges were trumped up against him by
local Democratic politicians, as they were sim
ilarly trumpet up against the County Clerks OF
Duchess and Rensselaer,. The Onondaga clerk
was accused of various things, and was sum-
moned to appear before the Governor at a GER
tain dates to answer. Meanwhile, it was dis
covered BY the Democrats that few bundles
Of Republican ballots had been mistakenly de-
livered at other polls than those for which they
were intended. The County Clerks RESPONSE
bilty for this transpositon Of ballots was not
a part of the formal charges against him, but
Governor Hill, perceiving the possibility of
making this matter all-important in his scheme
to steal the Senate ignored the charges on
which the County Clerk was cited to appear, and
dismissed him from office for transposing the
ballots, declaring in his decision that that al
legged action vitiated the election at every poll
where the transposed ballots had been used,
which was the very issue then in controversy
before Judge Morgan J. OBren, whom the
Governor had imported into Syracuse for the
purpose of trying it. Two days later the Judge
dutifully agreed with the Governor Four
Democratic members of the Court of Appeals
subsequently acquicsced, and by throwing out
about 1900 Republican votes, which all adj
mitted to be innocently cast, the district was
given to the Democrats.
The people of this State have had about
enough of this unjustifiable interference on the
part OF the Executive with the performance of
their duty by the courts. Hills conduct in
whisking partisan judges around the State from
one point to another, whenever he required in
his infamous conspiracy a certain kind of de-
cison was one of the most intolefable scan
dals OF the whole disgracefu series with which
he closed his career at Albany. We cordially
advise Governor Flower to keep his hands off
lie has no business to be obtruding his opinions
upon the court as to what it ought or ought
not to do in any form or at any time 1t is a
piece of interference which the people should
in behalf of the courts, sturdily resent Those
who watched the course of the election cases
last year as they were kicked about by Gov
erDor Hill from Judge to Judge, and as they
were finally disposed of in game OF shuttle
cock and battledoOr between the Court of
Appeals and the State Board of Canvassers,
will easily understand the influences that are
now at work to obtain partisan decision in
the gerrymandcr case. We have expressed our
confidence that these influences will not avail,
and that the court will do its duty honorably,
Justly and fairly. The Democratic politicians
in this State have done their best to dis
grace and humiate the Court of Appeals
before the people during the last twelve months
They are now processing that it is their creature
and will register their will, and the Governor
is openly instructng it as to precisely what it
must do The court is powerless to defend
itself but it can rely upon the intelligence and
just disposition Of the public. The people
understand these political cases pretty well,
and they will understand the judgment Of the
Court OF Appeals as to the gerrymander.