The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-14
The Supreme Courts Decision.

The supreme COURTS Decision.
The Philadelphia Record and Tren-
ton True american are in a state of
mind, because, as they put it, the
Supreme Court has invaded the func-
tions of the Legislature In upsetting
/ the Assembly district system and re-
storing the county-at-large plan Of
choosing legislators. The Record
says
Such a muddls as that In New Jersey could not
have occurred in Pennsylvanis under the clearly
defined limitations OF the legislative aud udicial
powers. No court in this state would have
undertaken to decide upon the Institutions atty
of an apportionment law any more than tn g
Supreme Court of the United States would have
sought to interfere with an apportionmsnt law
of Congress.
The harmony Of our system Of government
eau be maintained and grave errors avoided
only by keeping the legislative, executive and
judicial departments strictly within their re-
spective spheres.
This is sufficiently foolish and ir-
relevant. But the True american
descends to the level of mere twaddle
when it discourses in this style:--
The Record is in error in asserting that the
decision is aimed at the apportionmsns law and
gerrymandering devices, but 1t is, to our mind.
entirely correct and timely in its criticism that
the action of the Supreme Court was an inva.
sion by the Judiciary Of a field OF government
committed exclusively to the legislative branch.
IF there is one thing certain In our Coustitu-
tion it is that of the delegation to the legislative
branch of the power OF managing its own at
fairs. Not only are the executive and judiciary
directly and positively forbidden to exercise any
power or supervision over the ELECTION, returns
or the qualifications" OF the members OF either
house. but either house Is forbidden to inter
fere with the other, and is made the absolute
and final Judge in It's W case.
If the Interpretation of the Consti-
tuition by the Supreme Court be an
invasion of a field of government
committed to the Legislature, the
True american is not only right but
has made the most amazing discovery
of the age in the science OF jurispru-
dence. We used to think this court
was the great authority on the intent
and bearing of the Constitution and
upon the accord or autagonism be-
tween the organic law and the statutes
of the Legislature. Perhaps we
were wrong. Perhaps all the
lawyers in the State were wrong.
Perhaps the True American alone is
right on this head. But if we, and
the LAWYERS, and the court itself have
been right all these years, then we
fail to see wherein a reapportionment
act differs from any other.
In the recent decision, the Supreme
Court simply i%nterprets these words
in the Constitution.
The General Assembly shall be composed of
members annually elected by the legal voters
of the counties respectively, who shall be ap-
portioned among the said counties as nearly
as may be according to the number Of the IN
habitauts.
1t decides that a certain statute is
in conflict with them. If this is an in
vasion of the power of the Legislature,
the courts had better adjourn sine die.
Whatever the Record may think, the
corresponding tribunal Of Pennsylva-
MIA would on a similar occasion pur-
sue a similar course, and if Congress
undertook to reapportion the country
unconstitutionally, as, for instance,
by depriving a State of representation
in the House of Representatives, the
Supreme Court of the United States
would, beyond all question, declare
| such action null and void and inter-
pose its mandamus against the prac-
| tical operation of such invalid legisla-
ton.
The talk about the power OF the
Houses of the Legislature to pass on
| the election of their members is alto
| gether wide Of the question. and it
may even fairly be claimed that a
check can be placed upon their exer-
else of that privilege in violation of
| the Constitution