New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-14

representatives upon the question of airport onment'
so that IN order 10 accopsh a any 10 b c,crlscd
Looking at the act as result OF snch clTcunlsp1
Violation Of legs alive discretion TO cause It's com,
plec overthrow by The courts. II j. proper - ~
cmarL hai there are no figures in the rccorl III these
nrocoedngS from which 1t can be determined what are
The number Of inhabitants In the different SeH' w
- When it is considered that In their make up
county lines must be adhered 10, unieSS county j..
cGnltabv entitled TO two Senators 1t is plain that great
and nccesSarr discretion is let 10 the Legislature IN
their formation Tho union Of different counties IN
the state for the purpose OF making up senatorial
and regard 10 which counties cannot be ulH",',
n ns way 'f BE ayodcd We are of The option
The LEGISLATURE by the Alteration OF me S,fcd The
legitimate and necessary discretion entrusted to by
the Constitution
ArPOETIONMENT or MEMBERS OF ASSEMBLE. .
As to The Assembly Districts, the burden OF Il
complaint rests upon The appOr;ionment OF our or
hvo members OF Assembly out Of 1913. AT least TWO
counties (New-Y0rk and Kings have, by ID" aclon
Of the Legislature. lost each ono member. whic 10
Is notorious that both were In accord win tnf u9n' .
lnant party in Legislature. II cannot be sad INA;
into The suhect because the counties t. which the
members were awarded when divided into dl.trcs
REPRESENTATIVES in Tie Asscmbly TINS &c" GeT c9c@
county has been, in fact. AWARDED every menpe,
10 which IL was entitled by the ratio which obtained
between population and representative $500,
In regard 10 thee fractional PATTI OF n To ann
examination OF the debates n the constitutional con
of 1876 shows that the subject OF ne rgple
seniation Of such fractions wa discussed ana ci'nIl
we're made to provide in terms for a rule OF icP'
srntati"n for them so as to limit the discretion OF
thn Legislature. debates Constitution OF $40
n 3GG see also debates Of constitutional convcn
ton Of IsG6 and the commission OF lSa2 where Va Va
subject was GclatcdD The convention ~ Ioi'
finally framed the provision without any sta,rn ~,
as to the fractions Of ratios or how hcy should DO
tive discretion, TO be exercised IN e4ol ia,n 'Ln
not ~ be a,iiscd other considerations might l'r
no IoO 4 iaft af
massage Of The act under review did not approach me
danger line Of an abuse Of legislative oiS'r'uo"'
THE RESULT or OvERTHROwING THE AcE'
What Is the result which would follow from the
holding of opposite views In the first place. we sho"u
have every enumeration and every Apportionmoni
act brought before the courts for review anh
rs IL would not he necessary to act Immediately. any
ci:iyon et any time during the running OF IN" a."
cennial ncrlnd would have Inc invoke the aid
of the court to set aside weld any such act. ana
leave the people 10 suddenly confront suoh silua
ton as IS now presented This In Itself Is sNlh'l'l'
to induce n court 10 say that only In case al Paih
and gross violation ~ the spirit ana letter OF Inc
Constitution should such power pc over l1,o;
holding that This act t. Invalid Whether any mem
bers Of Assembly could actually be elected under any
other law at ts late day l. quite prollrmatlcM Inc
ilonal law. part Of the members elected hhd'r II
and part under another. Is one which ouShi nD' 10
be contemplated without the greatest anxiety by ~"
II tho ac Of 10. Is void. tho net OF 1870 Is also
plainly VOID and no election OF members OF Assembly
should pc to7.atcd under It. tbs might ir"snlr IA
ptoplc 10 The act Of -66. and thus We might hav" an
attempt at election for members OF Assembly, un1'I
an act more than quarter Of century cid. ana a
legislative representation Of the people Of that tnr
This would II traV,Stv on III. law and upon III IDEAS
Of equality. proprciy and justice. ,.
We are compord TO the conclusion That thiN h' "i
1890 successfully wh>tands all assaults upon il ana j.
n valid and effective law.