New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-14
regarded IN the light OF limitations upon the power
10 be exercised.

ana permanent character to establish these fundamental
naxims, and fix tbs unvarying rules by which all
departments Of the Government must at all tim-s
shape their conduct and II it descends TO prescribing
e1inA the proper dignity Of such an Instrument and
usurping thc proper provinces Of ordinary leg Ia
modes Of proceeding In which power shah be
exercised there Is at least strong presumption that
the people who designed IL, should he eNeYcsed in
There some oasas, however; where the Doctrine
provisions but they are so plainly at variance with
he Weight Of au'9oy upon hN p precise points n, coz o.
judicial decisions as they now stand do not sanction
the application. .,-,
@aSS IN speaSins for or & r. court in People vs. T%5cs
sideation, to be difficult to treat any
provision as merely directory and not inPerauve: t
md ~ s Juds. oTton e'1 in u the Wisconsin Sppoon
msnt case 81 n Rep at page So 80 SSys Sih.r ross
lions upon the power Of the Legislature are merely
declaratory, and not mandatory should not be en-
on. The convention, In making the constitution,
bad higher duty to perform than to give the Legs
lature advice
| IMPORTANCE OF AN ENUMERAWoN.
There is part Of the machinery Of our stnte
Government which more vitality affects the interests
Of the people than the provisions for enumeration and
apportionment Ours being representative Govern
ment. frauds which may tend to deprive the people
OF equal rcpTesentatio espec'ay IN S' u. a,y IN
sttutons ana naturally and inevitably tend 10 arouse
bitter and ylndcye fsc3ss the people %ppTsGlG PnG
wish in this respect least to retain power ip their
own keeping and direct how Y sheud he USED ana
NOT lcnve rs exercise the discretion caprice OF
their servauts, selected from time to time to repre-
sen, th.m in the Lscsa,nre WhG the iessa1ya
tuition has the right to speak and should speak only
In words Of command.
THE CONSTITUTION HELD TO BIZ MANDATORY.
rpon the authorities referred to, and for the
reasons suggested, the provisions under the Con
stution must we think, be held 10 be mandatory
and n mandatory it follows that the Legislature has
not the power to make the apportonnent At tho
same session that the enumeration was taken Hence
tho question arises Was this extraordinary session
within the measure Of the Ccnst tuition the first session
after the return of the enumeration ,,
Article X Section 8. Of the Constitution, pO'ldes
that the political year legislative term shall begin
on the first day Of January, and That the LeslsIuO
a a.seSe say S Shall 1e be- appointed by law The s
20 n"tp To nrisIature It begins and ends with the
o. oor e and e.. ufe of legislature also ends With the
year.
LAMENTATIONS UNDER EORMEE CONSTITUTIONS
A brief review OF the provisions Of the various
Constitutions of the state relating 10 this supIee' may
aid In the solution Of this question
Tho Consultation of 1777 provides that las sooh
after the expiration Of years subsequent to the
formulation Of the present war rs may DO va, oe Snsr
bona be TAKEN % M sna rsf sat m new one should bo
taken" 10 time or session specified for making
the apportionment. The first census was taken III
ESQ pursuant to Chapter T. Of that year The arai ap.
portionment by the legislature was made py Cnsg,' ~,
The spportonment was made by Chapter 49, Laws oil
1896 Another census was taken IN 10or; Iban,er ~,
au amendment to the CensttuuOn adopted oc!9b,r
~ lso DrSvfGs naS that sas he hsa1nr snmncr Of
blynen fixed by the laid amendment and make
reapportionment upon The return Of everr S census aS
apportlonment March 81. 1So2. The next census l
was in 1907 pursuant to act Of Api 3 1907, 1he
senss %as taken T In Isi4 a9 Of April l5 APpor
tionnent was made BY Chapter ~ Laws OF lslo'
TnS sSa b. 1 made a a PRESENT
should Il. 5. taxi asen IN sd
ten yea thsreaer s; the SsnaT "a, b d'1Ss n
bers a Of Assembly shall be made at the first session
after the return Of every enumeration The LIS
er ao s% 81 mas' aS 20 %e hd Seen
taken since isii Dv Chapter 80. Laws Of 1928;
the census that Year. but also for future years
The next apIortonment was mnde by Chapter 25s
corporated Into the Revised statutes vol l. 81,
Which took effect January l. 1880. The censn- was
?sen S Law an i'S 81 a asG 4hs " e
statutes for The taxing Of ac Rc Ts wee amScS hg
chapter 800 Laws Of la54. These statutes were r.
asd Ss w BY hnTs "G Of T ape y Of tie Law
bnsod upon the census Of l245. The Constitution
adopted in SAG is substantially the sane as the Con
,ritrtion u 1-a2 in - far the particular matter
hcrc under consideration is concerned. The next
census was taken IN l'35 The %pp',oi2pe %n'
onment made by Chapter COZ, Laws OF l.0o'
based upon the Of loo. Another cnulerat on
va had In ITO but no apporOnment wa made until
1879 (Chaptcr 2O-j
UNPRFCEDENTED ACTION OF THE LEGIsLNURf
II will be observed from the foregoing that the IN
variable practice has been - make the enumeration
at an annual session after the taking Of the calsus
This is the first I'm sanc- since these provisions w'
inc ,rporaed into The Constitution that the same LcS
aturc h9s assumed 20 make both the enihier uon au
Inc apportlonment. No census taken in ise3, foi
The francrs Of our Constitution, IN PROVIDING that @
the apportionncnt should be made at INC Ist scNs",
fter the enumeration were aware that the taking ci
the census Of this pcpuous state WOMB DE "o & VI
yreat lator and detail necessarily more OF iehs on
pncated and that step IN the pIucccane sh"uta
be taken deliberately and openly 20 that 'ns In,opo
and Thai a sunclcnt time should clapsc between me
,omption Of an enumeration ana an y yamn.
10 enable all who desired 50 to 90 70 H huH e1"nlne @
into the details and 10 accomplish tnht II VIZ ,ns
nst i% 1oS s b. ts1eG1 dsoooea in some s
unhIIc office there to remain for sUfnc!en tlne
or iul examination before the appoTuohmch' '""n''
The convention that framed the Constitution oi
s46 u session e year iocwlmg inc hmSn,G m2saIe o,
omplce pan for taking t s Gensn rc,mt %.h Of s" Ise
he people. a compliance with the pfoyiso's& Of Of I'M
he stting Of the annual session Of the Legislature in
Is4Cu The members OF the cOnvennon we ASSUME
we're familiar with tnls nct, ana III pltIarluE 'it
,tsons OF Tho Constitution under consideration, II Is
reasonable to suppose understood me imp3rlah,e ~
nrov,dnc that tile appOrtonmcnt should not be nadc
=, the same session rs the cniInclatioI'
REASONS FOR THE fONSHTI1lCNAL Pf'ONINloN.
Another reason why the enumeration ana appOr-
Imminent ought not to be made by the same LeSisIa-
lure Is that II Irregularities or frauds should occur III
,ol,,o ,he censls the electors should have an op
porturty at polls to prevent the contamination
If Inc fraud by elccng members Of the Legislature
for the following year who had not taken part III
be frands II an extraordinary session OF the same
Iccisniure Is "a session. within the meaning oi NE
Honstituiion II wOuld be In the power Of hosuIc
Cov.rnor TO prevent an apportonm~nt by falling TO
rncommrnd to the Legislature that subject Tor CON
liberation. 49, ,, q A, y,raord,,,rv
section 4. Article vi provides a, eHsor1lpary llr ~