The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-10-14
NEW YORK MADE SAFE.
TIE REAPPoRTIoNMENT UPHELD
BY THE SUPREME COURT.

The Decision Assures Democrats Con-
troll of the Legislature and the Elec-
ton of a Democratic United States
Senator-The Main Opinion Written
by Judge Peckham.
ALBANY, N. Y, Oct 1S.-The legislative
apportionment law has been declared con-
stitutional The court was unanimous
upon all questions except those discussed IN
the opinion by Judge Andrews. The result
practically assures democratic control OF
the legislature.
The main opinion unfolding the law is
written by Judge Peckham. Justice Gray
also writes an opinion upholding the law.
Judge Andrews wrote dissenting opinion,
which was concurred in by Judge Finch.
The court is unanimous upon all the ques-
tions involved except those discussed in
Judge Andrews opinion. Judge Peckham,
IN his opinion, says: Before the courts
will deem ID their duty TO declare
an act OF the legislature void, as in
violation Of some provision Of the constitu-
tiona case must be presented in which there
can be no rational doubt. Incompatibllity
of the legislative enactment with the con-
stitution must be manifest and unequivo-
CAL"
As to the objections raised against the
law the court says: First, it is contended
on the part of those who Rllege invalidity OF
the law Of 1892 that it was passed in viola
ton of that provision of the constitution
which directs any alteration to be made by
the legislature at the first session after
the return of every enumeration We
think there is no force in several objections
made as to the extraordinary session not
being the first session Of the legislature.
Second, the act is alleged to violate the
constitution because IL is based upon an
arat fab in of
1t is true that 1t was the duty of the legiss
lature i'll 1885 TO direct an enumeration Of
the inhabitants of the state in that year,
and if it had discharged that duty. it would
have been the duty Of the legislature
at the first session after the return of that
enumeration to proceed to apportion the
districts. The legislature of 1885 omitted
to perform the duty Of directing an emu
meration which was cast upon it by the
constitution. Each succeeding legislature
up to 1899 also omitted to perform this duty,
and thus for seven years the constitutional
mandate had been violated. 1t is clear that
such omission ought not to prevent the per-
formanCe OF the duty by the next succeed
ing legislature. We are OF the opinion that
the objection made has no color by validity.
Third, it is stated that as to the Senate
districts it is not based upon an equal num-
Der of inhabitants, excluding persons Of
color not taxed We are of the opinion
that the objection to the validity of the act
of 1892. based upon failure to exclude per-
sons of color not taxed cannot prevail.
Fourth, it is finally objected that the
act is invalid because the Senate districts
do not contain an equal number Of inhabit-
ants, as nearly as may be. This question
of inequality contains, in my Judgment,
the only debatable proposition arising in
these cases. We think that the courts have
no power In such case to review the ex-
ercise of discretion intrusted TO the legis-
lature by the constitution un-
less it is plainly and grossly
abused. The expression as nearly as may
be- when used in the constitution with
reference to the subject does not mean as
nearly as mathematical process can be fol-
lowed. 1t is direction addressed to the
legislature in the form Of a general
statement of the principles upon
made. We do not intimate that in no case
could the action of the legislature be re-
viewed by the courts. Cases may easily be
imagined where the action OF that body
would be so gross violation OF the consti-
tuition as to demand review, although the
fairesL that has been passed upon the sub
ject act is not an absolute ideal one.
"As to the Senate districts, when 10 is
considered that in their makeup county
lines must be adhered to unless the
county Is entitled to two senators,
it is plain that great and necessary discre-
NAOu Is leIu 10 Iu6 legislature III blSlE lOEH
nation. We are of the opinion that the
legislature. by the alteration of the Senate
districts under the act of 1892, has not vio-
lated the legitimate AMI necessary discre-
tion intrusted to it by the constitution.
"As to the assembly districts the burden
of complaint rests upon the apportiorment
Of four TO five members Of the assembly out
of 1923. The convention of 1886 finally
framed a provision without any state
ment as to fractions or ratios, or
how they should be treated aud the question
was thus left TO the legislative discretion TO
be exercised in good faith and not to be
abused. The inference is fair that these
changes were absolutely necessary in order
to secure the passage Of the bill.
when we come to the question of what
law is in force in this state If the law OF
1892 is not, the situation becomes most
alarming. Il the act Of 1899 IS void the
act Of 1879 is also plainly void.
and no election OF assembly
men could be tolerated under it.
Weare compelled to the conclusion that this
act Of 1892 successfully withstands all as
saults upon it and is valid and effective
law
The opinion embraces over II, 900 words.
To elect United States senator In this
state requires eighty-one votes on joint bal
lot Of the two branches of the legislature.
The democrats will have seventeen votes in
the Senate next winter when the time
comes for electing a successor TO Frank His
cock, assuming that the majority in that
body holds together till that time. The re.
publicans will have thirteen votes and
one, Edwards, of the Thirty-second district
may not be cast for either regular party
candidate. To elect a senator the demo-
Gratis must have GA votes in the assembly
and the republicans 81. While. therefore
the republicans will be able to control leg
ialation in the assembly If they elect 6;
mem5ers, they will need more K
control the United States senatorship
There were 81 democrats and 81 republican,
10 the assembly of 1892. Three Of th
republicans were from New Yorl
and three from Kings county.
The republicans elect four out Of the thirty
which this apportionment assigns to New
Aork, and four out of the eighteen which /
gives to Kings, they can secure not onll
control OF the assembly, but also the Senate
A Ticket Thief Arrested.