New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-06
THE GERRYMASDKR ANNULLED.

THE crPPyM4yDKR ANNULLED.
Irdoo Rnmsevs decision on the questions
! raised bv Mr.. Sutherland in his attack upon the
Legislative Apportonmcnt act Is 'nd' inc ID"
is unconstitutional, and therefore Voiu' L" an
other column we have printed inc ueclSioi III
full. It deserves an attentive reading ~ !"
clear. logical and unansweiable. Juuse mum
sew agrees that the parties before MN arc prop
ery in court. He rencwS the ieSSo"' o,''"
iudiciallv enforced, but too often heeico'e'
IT, r,h,;c officers must always keep III view
t,o srnromo law of the State, and II sa'l'heo
,hot Il has been violated by legislative enact
mont imposing on them duty, they ih"S' us
rooard the voice of the Legislature ana rciuV'
obedience TO tho primary law OF inc poop'o
No rights. he SAYS, can be acquired ui'ucr on
unconstitutional law, and no duty inlpoSeo. ]"
g &c ;f il mover had been. The public oiiicer
u.bo in obcying the Constitution, refuses 10
chow an act of the Legislature, does So OF
no,,rso At his peril. But it is none the less MS
dirty 10 do so, and the peril thus assumed ui"o''
in no important respect from that Wh'ch mus III
he constantly encountered by cohScie''''''''
officials. The Supervisors OF Mol'oc No"i'
were therefore well within their rights anu
duties when they refused to divide the cou,'!
according to the Apportionment oih II .""'
hill was in fact, violation of the CONSTITUTION
Tbus the Court is brought face to tace WIN
tho sup,eme issue of the laws conSutu'iohai''!
Two points received the Court eSpoc'al "'
.on+ion Ho declares that the constitutional
direction instructng the Legislature " "'
tain bv means of a census the NUMBER u ar"
Inhabitants and persons OF color no' 'iNou
and IA exclude them from consideration III ',c
torm.tion Of Senate districts, is one which
whatever its motive or purpose, or whether IN
Ia !, lacks these qualities must be unques-
tioninply obeyed. The enumeration taken last
February made no note of persons OF coior 10,
taved The provision relating to this class OF
the population has been many decades III loroe,
Until 1874 it related to the Assembly d wen
as TO the Senate. But in that year 1t was
stricken out of the section governing the AS
sembly apportionment, but was permitted 10
remain in that governing the organization oi
Senate districts This was probably an over
sight. There is no longer any reason Tor 'he
existence of this discrimination. But inc iac'
ram.ips that il does exist. and Judge Rumscy's
point is that constitutions are not 10 be an
nullcd merely because in the opinion OF 'hoNe
who owe obedience TO them, any OF theIr III,
rections have become obsolete. There should
have been return OF persons Oh color 10.
taxed. and the Legislature should have excluded
all such when engaged in the work OF re-
modelling Senate districts. lis failure to DO
| en- ;s fatal To the act Ii is not entitled 10 say
| how much or how little OF an express conStl-
! tutional mandate it will be pleased 10 observe.
Much more important than this, however, Is
| tho objection that the Senate districts are un-
aoua1ly formed. and that members Of Assembly
have not been apportioned among the counties
in the language of the Constitution as nearly
as NAV be. according to the population" Judge
| Rumsey deals cxhaustively with the mathcnat-
! les of the AppOrtionmcnt act, ana shows De
| vond all question that the glazing and Migrant
INEQUALITIES revealed not at all necessary
Int were evidently done in wilfu disregard OF
the constitutional limitation. This is the point
that appeals to the popular mind. In 1t is III
| yoved the element of justice. Judge RumSey 5
decision is in effect merely an agreement with
| the views of ten other learned judges, five IN
| Wisconsin and five in Michigan, five OF them
| Democrats and five Republicans, who com
posing the highest courts in those States, have
| held unanimously that these gerrymanderS are
repugnant to Our American State Constitutions.
There can be no doubt of this fact, and there
| ought to be none. II each political party, as
it happens to get into power in the Legislature
from time to time, can Straightway begin to
NEEDLE with the representation so altering the
! people's right to be heard as to awhSs their
supporters to the best possible advantage and
to scatter the forces of their opponents so as
to leave them as Intellectual in the battle as
possible. every element Of American fair play
is thereby destroyed, and spirit of mean par
tisanship has been introduced into our politics
that puts a premium on all kinds of rascalty,
and that must inevitably disgust and humiliatc
all fair minded citizens. We have no doubt
that Judge Rumsey's decision will be sustained
in each OF the appellate courts, and that when
it issues from the Court of Appeals it win be
rs unanimous as were those of Michigan and
Wisconsin We give no credence to the Dem
ocratic beast that they have the Court of APP
peals" The right side will have it, and that
is the side of law justice and fair play.