New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-28
In the State of Ohio. II is provided BY the Con.


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In the State of Ohio. II is provided BY the Con-
stitutiOn OF 1e51 Article XI section IL. that the
Governor, Auditor and OF State. or any two
Of them, shall, at least six months prior to the
october election in the year 1861, and at each
deceBnal period thereafter, ascertain and determine
the ratio Of representation according to the decenna
census the number OF Representatives and senators
which each county or district shall be entitled 70
elect and for what Years within the next ensuing %a Ten
published In such manner rs sfial DC drectN py
law by this Constitution therefor tt,sy yn o peORs
hands OF the Legislature. The fedeial census Is
made tho basis ana three bs @sms
OF the Legislature according 10 poPulauon' IL was
this duty was put upon these three ministerial on
GER, and taken away from the Leglshl 1re because
OF the disgrs,ceful geiTymanderhs oi Preceoans
So the apportonment OF the members q n
House OF Representatives following the census OF ie~.
1860, were made respectively by a Cabinet omceI
to w.t. the secretary Of the Interior instead OF by
Represen tatives No 100, dated August p 1852: and
Executive Document No. .. House Of Representa-
II the apporonment OF Representatives is an act
Of legislation If it is duty which b iner csnh IN ne
delegated and the act Of Congress Sc % Chap IL;
statutes at Large, 1880 directing the secretary o.
Representatives among the states would have been
and void put aSe 9@ Of i ise M
egated by act OF congress I'd ScNIttaiy va
terror and is delegated by the Consultation Of Ohio
to the Governor. Auditor and secretary On S T
IT, IS asTSSTs By pe%sa u graz grant
''' The supreme Court OF Pennsylvania said IN pas.
"ss 5ss Of II the Constitution must always
pressed They equally Elective wnsn e m Sss
Sy Implication D. oS Sa whe eth he for Is.
exercise Of granted power are gwen, ny eecua
different can b be impe su as eonnaes An
other rule OF construction Is that whem tne oos S,
may be exercised or penalty imposed tse spsv
fratIon is an implied prohibition against Less 1s
ee rel Th Murphy as Barnes "a
30 The suggestion that this section contains nD, ,
TO prohibit legislature from passing ia% % ta
State is quite untcnable When the Consu ssact
directs how thing shall be done, , anv Other way
The supreme Court Of the state Of Maine which aa0es
s S taa aesons By s" from
the Legislature gave its opinion, Is Maine 'SS' e.
in ans" Of which TO SsSe one was the powns Third
II tho answer to the foregoing quesuons Do ~ ,
NEGATIVE has the present vi:en Of the state into dis
cts for the choice OF senator's or TO mahe ssi ANY
alteration Of the senatorial t% s Ds nc page as AGA
NAV be deemed superhuous 70 add. that as 70 s ..s
third proposition contained III e either express Or
Implied that would authorize any districuhg ahs.
choice Of n mat aspns e the cSa
suon desgnates, In express and explicit sfT% -
the precise time when fundamental act sia. " y,
done and IS utterly silent 10 Its performance AZ
aoV other ime we are not aware OF any ground
upon ' Which the doing Of II can be authoTIed at
s ;og other Of tine the constation '
the Governor required to be chosen on sne from
xfrIe * Section T. Of the same Instrument would
any person undertake 70 Ws HtSsr d sasi And this
sneclal provision being made therein, In reierenee 70
the election Of sonnseords ana rsea to any other
lime for the apportionment OF senators, goes lar
negative the Presumption fn n pTeseSed o In such
cae an agency is created TO be performed by GER
taln body of men ana az e fSs how'll is not dele
cotei assume the power to perform It, and process
~ do # AT time different from the one prescroeoT
UNCONSTITUTIONAL BY IMPLICATION.
In 4 special term opinion OF great power WHICH
has never met with criticism, Judge Edwards IN tss
cass Of Mexican agt. Devries. Barb. 1876, held to %
neon stitutional statute authorizing any person Of
60, moral character though not admitted as an ~
tornev TO manage prosecute defend suit for any
other person etc The entire reasoning IN the OPINION
was 10 show that the statute In question was un'ou
sltutonal merely by implication. The learned Jndss
instances the article Of the Constitution provdhg u"
averv mals citizen who shall have been citizen iof
ton DAYS shall be entitled TO vote. The Judge ohea
savs mage 1881: "Now, trust 1t would not be COD
,ond,d that the LED stature could pass an act autnont
ing person TO vote at an election VIM "Ss ~
citizen or who a citizen under the age oil twenty.
one wears or citizen OF the age OF twenty one YOU.
who shall rot have been a claLen ior yen uis. 80
Shoud not have bean resident OF the state FOR ons
YEAR next preceding the election and YET there Is 10
express restriction upon the power OF the LSsiSA'
The Judge adds that other similar cases might %
cited and saws: So in the case under c0nsdeFauvn,
The Con ~iuuon provides that any male citizen, OF us
ore OF twentyone years of good moral character ana
wAo possesses the requisite qualification OF learning
ANA IN ali fG the court sA Of his state yet
Ing this provision, according to the consttuc' i,ya
tended for by the person who represents the pan.ts
! -, tha LEGISLATURE that meets uIueT ue