The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-10
now are or hereafter may be elective by
the people," fi3
HISTORY OF THE ASSEMBLY. iF

the people'" Afl,i
HISTORY OF THE ASSEMBLY.
Justice Depue says that in constituting
these constitutional provisions tne form
of government antecedent TO the adop-
tion of the Constitution. the manner in
which the legislative department. was
organized. and the mode of eiectiDg its
members. are important adjnncts in
ascerIainiug tue intent OF the trainers of
the Constitution. A4E st3StA :
+ He then proceeded to show how, from
the instructions to Lord Cornb ury and
his commission, which in 1902 established
a Colonial Government for New Jersey,
down to the law of 1852. the members of
the General Assembly were chosen by
all the voters of the several counties.
In popular governments" continues
the Judge, representation in proportion
TO population extending over the area of
a State is practically equivalent TO
REPRESENTATION on the basis of the
number of qualified voters. And
1t is inconceivable that the dis
tipguishel body Of men who composed
the Constitutional Convention should
have contemplated an apportio meat of
members within the severit counties by
means OF Assembly districts. not in pro-
portion TO population or under any other
restriction. which should give TO one
qualified voter Il oice in the election OF
members of the Assembly equal to that
OF three, or any inde6utte number of vot-
ers; who exercise their elective fran
chise ut another voting place Within the
same county. For, as has been said, il
the power to create tn ese districts is
is possessed by the Legislature, is is a
power beyond constitutional restraints.''
FEDERAL CONSTITUTION DOES NOT APPLY
It's shown by extracts from the Fed
eral and State constitutions that the pro-
visions Of he former relative 60 the elec-
ton Of Presidential electors and Con-
gressmen does not apply to the election
of Assemblvmen. Congress passed the
act for the election of its memb by
districts in 1912. The convention which
framed our constitution of 1874 met the
next year. Il h
"If the convention which framed our
Constitution" saws the Court, Intended
TO adopt a mode OF electiug members of
Assembly in confor nifty with the election
Of members of Congress under the Fed
eral constitution, it is reasonable to as
snme thut with the discussions in Con-
gress ut the session of 1912 fresh in the
minds OF Its members, the provisions of
our Constitution on that subject would
have been cast in language OF similar iin>
port with the Federal Cous6iluIl aud
ills q significant circumstances that the
language OF the Federal Constitution
which conferred discretionary power on
Congress IS avoided: the discretionary
power possessed by the Legislature under
the old Constitution was taken away,
and fixed rule was adopted that the
members of tie General Assem- bly, should
proportion to population, and be elected
by the legal voters of the counties re-
spectivey."
WHAT THE CONSTITUTION MEANS,
It is shown by the CONSTITUTIONAL pro-
visions which provide for the election of
other officers that the trainers of the
Constitution meant that the Assembly-
men should be elected by all the electors
in the county. The opinion says:-
''After a careful examination and the
most attentive consideration of the i'm
portaut questions presented III this case,
with the aid Of the learned argument and
elaborate briefs OF Counsel, in my judy
ment the election OF msmoers of Assem-
bly, in Assembly districts is plain de-
parture from the method of elecsin
these representatives prescribed by the
Constitution.
The contention in the next place is,
for the purpose and intent of these cou-
stitutional provisions have, by contenlpo-
raHeous construction, long usage aaA
practical Interpretation, become estab-
lished, and at tuis day the subject is MOI
open for discussion
REPUBLICAN GERRYMANDER CONDEMNED.
In considering the point the Court
strongly condem mued the Republican ger
rymander of 1871 which produced the
celebrated Hudson horseshoe and co.,
ciudes that acquiescence for NO length of
time can legallze clear usurpation of
power, where the people have plainly ex-
pressed their will In the constitution aud
appoiu ted judicial tribunals TO enforce
it.
THE WILL OF THE PEOPLE.
"The Constitution contains the per-
manent will of the people," SAYS the
Court. ''Lti1s paramount to the power of
the Legislature, and can be revoked or
altered ouly by the power which created
IL. Popular government can be main
tained only by uDholding the Constitu-
tion at all tlmessand on all occasions as
it Was when it came from the hands of
the people by whose fat it was estab-
lished as the fundamental articles OF
government to abide until altered by the
authority which created it. To adopt
the language of Cbief Justice Bronson in
Oakley VI. Aspenwall e Ny. Il. 568):
There is always some plausible rea
son for the latitudinariau construc-
tions which are resorted co for the
purpose OF acquiring powers ONE evil TO
be avoided. or some good to be attained
by pushing the powers of the government
beyond their legitimate boundary. 1t Is
by yielding to such influences that con-
st1tutions are gradually undermined, aud
finally overthrowp "
One step taken by the legislature
or the judiciary in enlarging the powe,s
of the government OPENS the door for
another. which will be sure 10 follow; and
SO the process goes on, until all respect
for the fundamental law is lost, and til q
powers of the government ara just what
those iu authority please to call them"
THE CONCLUSION.
The dis ,ussion closes with this
''The rule to snow cause should be
made absolute for peremptory nanda-
mus commanding that all future general
elections for mem bers OF the General AS
sembiy iu the county OF Essex shall ba SO
conducted that such members shall be
voted for throughout the county, as
prayed for by the relators. To this ex
tent the rule to show cause ia made abso-
lutte, without COSTS" III
Justices Read and Lippincott concur In
the opinion.
EFFECT OF THE DECISION
The effect of Judge Depue's decision
Yesterday in the "gerrymander" case is
being variously construed and manv
Democratic lawyers are mainsainin that
it necessita es the holding OF another
election for mem hers of the Legislature
II the law under which the election held
lastTuesdavi is unconstitutional they claim
tnat the results OF that election are
nuilified. and they point to the State
consultation and the law as we'll. for the
authority that the Governor has to order
new election. According to their pre-
sen ntation of th matter all the Asse m bly,
seats are vacant by reason OF the
dectgion THE Conafitution-Ar rttcJa d