The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-21
HILL AND THE sUPREME COURT.

Senator Hill made his opening speech in
the present campaign a few days after the
general term Of the Supreme Court of the
State of New FORK had pronounced the re-
apportionment made 10y the Legislature Of
1892 unconstitutional. In reaching this
conclusion the court says:
No one can read the figures and facts set out
in the record and fan TO come 10 the conclusion
that the apportionment was fragrant violation
OF the plain provisions Of the constitutions that Il
could moi have been the result OF tie Just judg-
ment OF The members Of the Legislature, but
a bold and partisan proceeding enacted and
eonSummated with view OF giving 10 the party
engineering the bill advantages in representa-
ton 10 which they were not, in justice or in
truth, entitled.
The bold and partisan proceeding" was
also characterized by disregard of the pro-
vision of the constitution which declares
that the Legislature which directs the
enumeration shall not pass reapportion-
ment bill. The Legislature attempted 10
get round this wholesome restriction by
adjOurning sine die one day and converting
in extra session few days later in the same
month. The court holds that the provision
in the constitution prohibiting the enumeT-
alton and the reapportionment to be
effected at one session of the Legislature
was mandatory not simply advisory. as the
counsel representing the Legislature
claimed. On this point the court says:
Another reason why the enumeration and
apportionment ought not to be made by the
same Legislature is that if irregularities or
frauds should occur iu taking the census the
electors should have an opportunity at he
polls to prevent a contamination Of the
fraud by electing members of the Legisla-
ture for the following year who had not
taken part in the frauds" In another por-
ton of lis argumentthe court says: "Ihere
is 10 part of the machinery OF our State
Government which more vitality affects the
interests Of the people than the provisions
for enumeration and appOrtionment"
1t was with these words ringing in his
ears that Senator Hill rose to address
Democratic audience on Monday night
The Supreme Court had approved the con-
victiOn expressed by public opinion that the
Democratic Legislature had committed a
high crime against popular government.
Mr.. Hill cannot escape on the ground that
he was not a member of the Legislature
1t is a matter Of record that he left his seat
in the Senate and spent the days in Albang
while the Legislature was doing the work
tutional. Hill was as completely master of
that convention as Stanford was Of the
California Legislature which reelected him
Senator. 1t WAS through HIPS direction
that three Republican members of the
Senate were deprived of seats. thereby Civ
ing the Democrats a majority in both
| houses, thus enabling that body to pass an
enumeration bill and an apportionment bill
at the same session. Mr.. Hill, therefore,
may justly be held responsible for the work
of the Legislature. 1t is true that Mr.. Hill
is not now a candidate for office. The rank
and file of the party concluded last spring
that the party could not stand HIPS
methods. But the party which Hill led to
commit a crime against popular government
is on trial. The political advantages which
Hills methods gained for it are still largely
! possessed