The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-11-10
THEY WON'T GERRYMANDER.
NEW JERSEY REPUBLICANS WIN AN
UNWELCoME VICTORY

Upon Their Essex County Suit the Supreme
Court Decides that As-embIymeu Must
He E'ected by Coun,ies Instead OF by
II. .trict.-Th,- Knock. Ont Their Owa
schtme of GerrynauderinE the State.
The New Jersey Supreme Court handed
down decision yesterday which has caused
the Repu blcan leaders OF the State to kick
themselves. metaphorically. with great Wig
or Since the election on Tuesday. when
tho voters OF that usually Democratic COM
monwealth gavcth Republicans a majoritv in
both branches OF the Legislature. the leaders
have been laying plans for gerrymandering
the State so us to keep It Republican for years
to come The Supreme Court yesterday
knocked all those plans in the head.
In 1891 the Democratic Legislature did
some gerrymandering which convinced every
politician that the Republicans wouldn't have
a ghost OF a chance to get possession OF the
Legislature for at least twenty years TO come.
The Republicans we're alarmed. and the
shrewdest men in tho party got together to
devise some plan OF upsetting this wicked
Democratic scheme.
Courtlandt Parker. one Of the ablest Repub-
lican lawyers In the State. carefully examined
the Constitution and thought he discovered
that the election OF members Of Assembly by
districts was prohibited by il. II that were tho
case gerrymanderinG by either party would
necessarily be of no avail.
Mr.. Parker. in order to test the constitution.
ality OF the Ierrymander. made an application
last year to the Supreme Court for q writ OF
mandamus to compel the Clerk OF Essex
county to print on the official ballot the names
OF the entire eleven candidates for Assembly
SO that they could be voted for on general
ticket This. he claimed. was required by the
Constitution. The case was argued several
ha Mr. pa and aeyeral othaF
prominent Republican lawyers presented the
argument for the plaintiff. Ex-Judge Allan /.
McDermott and ex-Judge Stevens represented
the deiendants.
Justice Depue read the decision yesterday.
The opinion declares that the election OF mem
R Of yaa ~ districts rs an
cision. The opinion is based or SECTION 3.
adopted in 1875. Section 3 reads:
The General Assembly shall be composed OF members
res ee,iysy who Shall sTsortisnei among the said
continue until the next census OF The United states
s sn s q mesbr. the ana
sHs be af %ad' the BY ss a. i: 'ss
fnuners,ion Or census: and when made .hn remain
taken provided ,h. each county shall a. all times y.
members shall never exceed sixty.
This clearly means" SAYS Justice Depue,
that the memt ers Of Assem- bly, apportioned
to a county shall be elected by the voters of
that county and not a portion thereof"
II this ruling stands. the members OF A
eral ticket the same as Senators.
After the opinion had been read ex-Judge
p TO judge ane
Is a prominent Republican.
sad a. he SHOOK shfy&f saS
comes at a very inopportune time
Nj Parker smiled. hut it was not cheerful
The decision will not affect the recent cleo.
ton unless the Governor should call q special
Legislnture should order new election. This
could be DONE but it Is NOT ut al likely that 1t
under the Constitution to fix the date Tor eleo.
ton.
by districts was illegal. in accordance with the
opinion OF the supreme Court. the Legislature
would have tho right to order q new one. I'm:
less that were done the new Legislature will
I'VE, are. entirely, satisfied with the de-
Side. hut UNDER the circumstances we are Quite
He de"on IS an Excellent thing for tRe
The election by counties at large will force
both parns to 6stteF men ths
"fhis i not liEeiy to have any effect on tho
session ami new election ordered. because.
Illegal; hut l have no idea that Gov. Werts
will do any such thing. am satisfied to have
things remain lust as they are"
Ex-Judge Blair Chairman OF the Hudson
County Republican Committee. said: Tho
election on general ticket will be preferable
to the present gerrymandered condition Of
things. | do not think the change Will benefit
either party in the state. The decision will
have no effect on the next Legislature.
The opinion il one Of such great political
importance that the decision OF the highest
court in the state will be sought. An appeal
will doubtless be taken to the Court OF Errors
and Appeals. and year will elapse before it's
opinion is rendered"