New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-14
THE GERRYMANDER KNOCKED OUT

THE GEHHJ 4HdNDLh h-'VSH'''
The leapportionment made by the notorious
Democratic Legislature of 1892 fails TO the
ground Last month Judge Rumsey, OF me
supreme Court, pronounced it Unconstitutional
and now the General Term of the same tn
bunal affirms his decision. " NO one can reau
the figures and facts set out in the record says
tho General Term, "and fail TO come to The
conclusion that the apportionment was ma
grant violation of the plain provisions OF 'he
Constitution that it could not have been the
result of she just Judgment OF the members Oh
the legislature but was a bold and partisan
proceeding enacted and consummated WIN d
view of giving to the party engineering inc
Hill advantages in representation to when tne.
wore not in Justice or in truth. entitled ms
is drastic language, but the reapporhonmen' IS
50 fapran,ly bad that the Characterization VIII
he generally regarded by candid men as entirely
inst, The history of politics does not disclose
more wanton gerrymander than this one
which has come to grief.
Ii will be seen from the full text OF the ue
cjsjon of the General Term. which Is printed
on another page, that the Court Alarms 'uuse
Rumsey on TWO grounds These arc hrs''
that the Reapportionment act Is unconsul"'
,ional and void because it was passed at lhe
same session and by the same Legislature undef
whose direction the enumeration was TAKEN
and, second. that the act was also uncohS'i'u-
tonal and void because the reapportionmeh'
was UNEQUAL and unjust. The first OF these
two grounds is subjected to thorough con-
sideratjon. The Court holds that the pro-
visions of the Constitution applying to en'ihera
tion and apportionment are to be regarded As
mandatory. and not simply directory ana that
beinc mandatory, the Legislature had not the
mower TO make the apportonment at the same
session at which the enumeration was made
The proyision of the Constitution which gov
ems, and which the Court says Is mandatory
roads that at the first session after the return
Of every enumeration an appoIuonmeh' shah
he made. The question remains. Vas the eH
iraordinary session which Governor lower con
vened within day or two after the close OF
| the regular session of 1892 the hrst session
after the return of the enumeration, withih
the meaning of the Constitution The Court
| saws no and advances number OF cogeh'
reasons in support of its opinion. Inc pro-
visions of the various Constitutions OF the Sta'c
so far as they relate 10 the matter IN hand 'ne
| nrocodcnts that have been established the Cd
vious proprety of proceeding IN matter OF
such importance as an arporhonment with ue-
| uheration and not with haste are the con-
| siderations upon which the Count chiefly relies.
THE argument. we believe will be generally
rocarded a. unanswerabe The other ground
mon which the General Term throws out the
rcapnortionment.-th it is unequal and unjust
is not argued at length. The Court al'e'
snec;fying few Of the most conspicuous me
Qualities contents itself with saying: The
case presents many other striking illustrations
,, o,s and inexcusablc irregularities IN APP
ming members Of Assembly and in ar
,,ooinp senatorial districts, etc. This point
was so fully and ably discussed and illustrated
in the opnion of Justice Rumsey, at Special
Torn. that we do not deem it necessary to add
ANYTHING except to say that we fully concur III
his conclusions"
The plight in which this decision leaves the
Democracy is a most distressing and humiliat-
inc one. Months ago, as soon as the gerry
mandcr had been consummated, the Demo
cratic Legislature was convicted at the bar OF
public opinion Of having committed high crime
against popular government Last nonth Juoee
Rumsey dealt it a severe blow, and now the
Ceneral Term emphasizes that condemnation
nv affirming his decision. Until overthrow
This Judgment is the law, and it practically for
bids the calling of special session of the Legs
lature to act upon the existing case The only
hone of the balfied Democratic leaders who
nut up the job is the Court of Appeals and in
the circumstances, that must be regarded a.
| forlorn to the point of despair