The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-11-11
Forty Years of Unconstitutional Legls-
latures In New Jersey.

Forty Years of Uncopstit utional Legls-
latures in New Jersey.
The sweeping decision rendered on Thurs
dry by the Supreme Court of New Jersey,
through Judge DEpUE. is of the highest
Importance as affecting future political
movements in that State. 1t also raises an
interesting question about the status Of
tho new Assembly elected on Tuesday.
The Constitution OF New Jersey requires
In Section 8 OF Article 4 that 1.-The General
Assembly shall be composed OF members
annually elected by the legal voters OF the
counties, respectively. who shall be appor-
toned among said counties as nearly as
may be according to the number of their
inhabitants" The Constitution fixes the
method and time OF apportionment, pro-
vides that the whole number of Assembly
men shall not exceed sixty and further pro-
vides that each county shall at all times be
entitled to one member at least
1t will be observed that the New Jersey
Constitution. unlike that Of New York. fails
to provide for Assembly districts in the
counties. or to require that the Assembly
men shall be chosen by single districts.
Yet Assembly districts have existed In
New jersey in the several counties for
more than forty years. and Assemblymen
during that period have been chosen by
single districts. The counties have been dis
tricted over and over again for represen-
tation. Successive redistricting laws have
been passed by Republican and Democratic
Legislatures. The last election Of Assembly,
men at large by the counties. and
not by districts in the counties. was held in
1852. Since that time each district has
voted for it's own Assemblyman. and not for
any other OF the Assemblymen to which
its county was entitled.
The last redistricting act was passed by
the Democrats in 1891. Republicans have
denounced it as gerrymander. They have
quarrelled with it's deimitation of the pres
ent districts as unfair. unjust. and devised
for partisan advantage.
Last summer the Republicans OF Essex
county petitioned the Supreme Court for a
writ OF mandamus to compel the County
Clerk to issue official ballots for As
semblymen in that county on a gen.
ernl ticket. This brought the question
of the constitutionality of the redistrict-
ing act Of 1891 before the court; and it was
argued by distinguished counsel in July
before Judge DEPUE Judge LIPPINCorT.
and Judge REED.
The decision of the court was withheld
until after the recent election. On Thurs
day it was announced by Judge DEpUE. the
other two Judges concurring. that the Su-
preme Court decides not merely that the
last redistricting act is unconstitutional.
hlt yhn1n IF "a arti hI,
Assembly districts in New Jersey is contrary
to the provision Of Article 4. Section 8. as
quoted above. The sweeping character OF
the decision Is apparent in the following
extract from Judge DEPUE's opinion:
After a careful examination and n most attentive
consideration OF tho important questions case
in my judgment tho election OF members of Assembly
in Assembly districts is plain departure from the
method OF electng these representatives as prescribed
by the Constitution. The election of member in
Assembly district and another another dis
tct. and through the eleven districts in which
tho county is divided not The ,eron the m,m,.r,
the General A,emby apporon,i among The comi, bv he
Legal Of n, county. The constituency devised by
the system of Assembly districts is another and dt
ferent constituency from that prescribed by the Con-
stution and the qualified voters of the county arc re-
srcted in the exercise Of the right Of suffrage fully
as is guaranteed to them by the Constitution.
1T seems to me that It cannot be affirmed on any
defensible ground that member OF the Assembly
chosen by the voters OF an election district within tho
county Ia in the words OF the Constitution elected
by the legal voters OF the county The Constitution
cOntaius the permanent Will OF the people II Is para
mount to the power OF the Legislature and be re-
voked or altered only by the power which created
The decision of the Supreme Court de-
clares in conclusion:
THE rule to show cause should be made absolute for
autn
general elections members of the General Assembly
in the county Of Essrx shall DO voted for
the county as prayed for"
This means. OF course. that Assembly
men must hereafter be voted for Oh n gen
eral county ticket and elected by major
ity In the whole county. And while the
present proceeding relates only to Essex,
the general principle affirmed by the
Supreme Court. unless its decision shall be
reversed by the Court Of Errors and Ap-
peals. will apply to any other county in the
State. just as soon as any citizen Of such
county petitions for II mandamus.
The immediate political effect of this re-
markable decision will he to prevent a re-
OF the State by the Republicans
or Republican advantage. The new and |
method of electing Assem-
llymen on Il general county ticket, will in |
.raase the, political power OF Democratic |
najorities IN the cities. such as New |
irk and Jersey City. ut the expense |
If the outlying townships in the same |
counties. 1t will increase the difficulty OF |
obtaining u nomination for the Assembly. |
I will increase the power Of the county ma
,hine. 1t will delocalze the responsibility |
II the Assemblyman. He will not be the |
pecial representative OF a small district. |
,ut one OF several representatives of the |
county at large. Whether these changes
will operate to the advantage or disadvan-
age OF public interests and good govern
nent, remains to be seen.
But the most interesting question is that
which affects the status of the Assembly
Elected on Tuesday last. Among tho New
Jersey lawyers there is considerable differ
nee OF opinion in this respect. Tho imme-
late proceeding. OF course. takes form In a
mandate to the County Clerk of Essex to
ssue ballots for the election Of Assembly