New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-08
IT WILL DECIDE ACCORDING TO Law

IT WILL DECIDE ACCORDING TO LAW
Democratic comment upon Judge Rumsey
decision annullng the legislative gerrymander
takes curious form. There is no denial of
the allegation that the apportionment was I'M
equal and unfair but it is said that it was much
faircr than the OLD law of 1879 and that the
Court Of Appeals will not annul one bad ar
rangement to throw the people back upon
worse. This assumes that the Court OF Appeals
decides question of constitutional law not
upon its judgment of what tho law is and means,
but upon its view of the possible effect OF It's
decision If law brought before 1t for inter-
probation is found to be unconstitutional ana
void, but if the Court thinks that to say so
would bring about a worse condition OF affairs
than to allow the illegal ordinance to stand, ac-
cording to tho Democrats the Court will decide
that the bad law is good. This is characteristic
cally Democratic notion To the simon-pure
Democrat, the end is always the thing. The
means are of no account at all.
1.-THE Detroit Free Press" commenting on
the proceedings before Judge Rumsey, remarks;
1.-The NewYork apportionment would have TO
be declared unconstitutional under the rules
laid down by the Supreme Court OF Michigan,
for the inequalities are far greater than our
court saws are permissible under any circum-
stances" This "The New-York Times con-
cedes. Ii says, however, that there was by
no means the same ground for setting aside the
law here as in Michigan, and that Judge Kun
sey's decision lis not likely to stand the test
Of review by the Court of Appeals" In this
opinion, we suppose, it is just As certain ana
well grounded as it was in the opinion, ex-
pressed on July 81, that the whole subject OF
INEQUALITIES in an apportionment sis matter
which any court in the land will decide rests
in the discretion of the Legislature making the
apportionment" One court had already, and
two have since decided that legislative dis
erection is limited, and that any inequality is
fatal to the law which is plainly unjust ana
unnecessary However much worse the Mlchi-
gan gerry mandcr may have been than tho New
York gcrrymander "The Times admits that
(" il was not necessary to give Albany County,
with 156773 citizens q Senator to itself while
a district was made up of seven counties with
an aggregate of 229. 036 citizens tho ratio
being 1sO.s67" 1t also admits that the APP
portionment of four members OF Assembly TO
Albany and only three to Monroe though the
latter has "A greater number of citizens by
nearly 5000 and that the assignment of two
members TO Duchess, with 1903 citizens, and
ONLY one 10 Il. Lawrence, with S0.6I9 citizens.
were nagrant cases of inequality. There l.
no doubt" saws 1.-The Times" =" that the Legs
lature violated the spirit and intent OF the
Constitution
Then does il suppose that the Court of APP
meals will omit to say so? Does any one sup
rose that that Court has it in its discretion TO
uphold law which is admittedly violation
If the Constitution merely because an uncom-
Portable state of things will he produced by
decision declaring the right? is il function
of courts 10 adudicatc according 10 their sym
pathicS. instead Of according to law? Nothing
can be more absurd than such a pretcncc
II * no business Of the Court of Appeals what
the situation will be when they have declared
the law Their duty is simple and singular
II is To declare the law unmoved by any con
sideration Of Partially or prejudice. They
NAV think that this gerrymander is faircr than
the old arrangement, or they may not but
the old arrangement is not before them for
review. and the gcrrymander is. They will
proclaim il, nconSttutionality therefore, and
they will leave - the succeeding Legislature
the duty of providing an apportonment which
is inst and within the law. 1t is not the bust
ness of courts TO impose upon lltlganfs what the
courts NAV consider the lesser of two evils, but
10 decide I'm accordance with law. and 10 leave
itirantS 10 their own devices for the lettering
OF their condition.