The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-10
The Horseshoe of 1871 Shown
Up In Its True Infam-
Gus ColoFs.
History of The Stale Assembly
From the Early Colonial
Days.
POLITICIANS ALL AT SEA
Some Say Governor Werts should
Call Special Session to Relieve
the Imbroglio.
spectal to The Jersey citp Ns,cs.


TRENTON. Nov. 10. 1898. mo decision OF
the Supreme Court in years has made
sucb sensation throughout the State as
that delivered by Justice Depue, declar>
ing that the election of Assemblymen by
districts is UNCONSTITUTIONAL. The case
Was argued last term before Justice
Depue. Reii aud Lippincott by Court
landt and r. Wayne Parker. Thomas N.
McCarter and John r. Emory are for the
relators and Allan McDsrmott and Fred
erick w. Stevens for the defendants.
Justice Depue reviews the yarious acts
establishing assembly districts, the first
of which was passed Maroh 26. 1852, and
says: 4
None of this legislation after the act
of 1852 contained an express provision
for the election of one member
Of the Assembly in each ASS
embly district. But the second sec
tion of the act of 1852 has not been re-
pealed, and that section expressly pro>
vided for the election of one member in
each of the districts. The contention in
behalf OF the REALTORS. that although AS
now law in existence which purports to
confer the right to elect members of the
Assembly otherwise than by the counties
respectively is without substance.
THE DIRECT QUESTION.
''The question therefore arises directly
in this proceeding whether the act of
1891 prescribes a constit utional method
EFF electing members of The General
Assembly,"
The Court next discusses the point
raised by me counsel for the defendants
that the question Is a political one aud
not subject to judicial review, and after
quoting various decisions by Chief
j Justice Fuller, of the United States, and
other eminent jurists. concludes that the
court has the Authority TO determine the
question. The County of Essex is then
taken up. and the Court proceeds to show
how three Republican Assemblymen
obtained majority of 5,097 to 3.771 OF the
gnt Democrats.
"In this construction OF dist ricts,' says
the Court, ''the Eleventh district, with
population of 42.412 aud $3.50 qualified
voters, is allowed one member of Assem-
bly,, and the Third district. with popu-
Iation of IL ,349 and 3,209 voters, obtains
an equal representation In the popular
bra nch of the Legislature. A qualified
voter of the County of Essex who casts
his ballot in the Third district has by
this act an effect equal TO the ballots of
three qualified voters of the county cast
in the Eleventh district. The Inequality
IN the apportionmenJ of the POP uAtion
ard qualified voters of the county among
The Districts by this act is conspicuous.
UPON CONSTITUTIONAL GROUNDS.
''The cases iu whicn the courts have
intervene to set aside acts of The Legis-
lature creating election districts have
ter
i;aticnss which had been violated l
know of no precedent or principal that
would authorize the court to overturn a
law passed by the Legislature within
constitutional Limitations on the ground
that it is unwise. 1mpolitic, unjust or
oppressive, OF even that it WAS procured
by corrupt means The remedy for legis-
lation that is simply peruicious IN It's
character Is with the people. | concur
insthe views submitted by defendants
coun sci in their brief that the relators
must show that the law they attack is a.
violation OF constitutional limitations;
the moment they step beyond that line OF
attack they are on political ground
beyoud the Jurisdiction of the cour1.
j he issue presented by the record in
this case Is whether under the govern
ment established uy the constitution, the
members Of the General Assembly appor-
iiouei among the several counties may
he elected otherwise than by the qualified
voters of the county at large. The con-
stitutional provisions under consideration
are contained in Article ~, Section I, II
aud III, under the title of f'sLegislature, -.
and Article ii, under the title or ''klght
of Suffrage"
WHAT THE CONSTITUTION SAYS.
"Paragrapn of Section I, ArJlcIe Nv,
provides that The legislative power snail
he vested in a Senate and General Assem-
bly, Section Ii provides that The Sen>
ate shall be composed of ne Senator
from each county In the State, elected by
the legal voters OF the counties respec-
lively for three years. Section III pro-
vides that The General Assembly shall
s,e composed OF members annually
4 ted by the legal voters or the coun>
! .'sHrespectiVely, who shall be appor-
among tue said counties as nearly
a55ay be according TO the number of she
tbitants.' The present appoftion-
ait shall continue until the next Gems
of The United States shall have been
zen, and an apporLionment of members
n the General Assembly shall be mad
3y the Legislature at its first session af-
ter the next, and every subsequent enum-
eration or census, and when made, shall
remain uuaitered until another enumers
atiou shall have been taken; provided
that each county shall at all times be enr
tilted 10 Que member. aud the whole
number of members shall exceed
siXty. Faragrapn Z, OF A1lcie. W..
provided that No person shall be a
member of tue Senate who shall not have
atiaired the age of thirty years. and have
been citizen and inhabitanL Of the State
for four years. aud of the county for
which ne shall be chosen, one year. next
before his election; aud no person shall
be a member of the General Assembly
WHO shall not have attained the age OF
twenty-one years, and have been q citizen
and inhebitant of the State for two years
and of the county for which he shall be
chosen. one year next bsfore his election
Article H.. in providing for the right of
suffrage. provides that Every male
tizen of the United States, of the age of
twenty-one years, who shall have been a
resident of this State for one year. and OF
the county in whicn he claims his vote
five months next before the election shall
lie entitled 10 vote for all officers that