The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-07-13
of the several States allowed an appor-
tion nnent of Conversational districts.

of the several States allowed an appor-
tionmeut OF Congressional districts.
"The people OF the State continued 60
elect their Assembly from 'counties-at-
large until 1852. On the recommended
tion OF Governor Fort, the Assembly
districts were then apportloned Tor the
first time.
"There seems to have been general
demand for this scheme, and pleasure at
its enactment. In his next annual mes
sage, Governor Fort said 81 would
particularly refer with much gratifica-
tion TO the act establishing the district
system in the election of members of the
General Assembly, which am satisfied,
has been generally approved
"The approval of the press seems TO
have been irrespective of party.
From 1852 until 1872 the Assem- bly, dis
tricts were legalizsd within counties aud
the constituttonality and propriety OF the
euactmenJs were unassailed, except in
political debate.
"In 1878 the Legislature disturbed the
lines of many Assembly districts, as they
were fixed by the Redistricting act of
1871, not reapportioning the allotment
of members of the Assembly to the coun-
ties, but only changing the boundary
lines This redistricting scheme was re-
viewed by this court in the case OF Gard
ner vs.. Newark, and | submit that by the
whether there may constitutioually be an
apportioument of Assembly districts
within the county lines is, in this court.
res adjudicata. The question was di-
rectly involved, directly considered and
directly decided.
LITTLE FOR THE COURT TO CONSIDER.
"Ir this is SO have been unable TO find
any objection to the proposition; there Is
very little for the Court to consider. The
Legislature of 1891 was entitled to regard
that decision and be guided by H."
Mr.. McDermott citen many decisions
to support his argument that the gerry
mander act Is sound in law. and in con-
clusion held that the Republicans were
too late anyhow in filing their complaint.
The election of last November, he said
was held under its provisions. Ii there
was any force in any of their contentious
they should have made them before This
day.
The Assembly districts have been d.
vided into polling precincts. Having re-
lation TO the formation of such districts,
elections have been held in which
republicans undoubtedly participated,
but they have been too negligent in
presenting their complaint to make
that complaint the basis OF a general
disturbance of the established order
of selecting the members OF the Assem-
bly,.
AS to the argument that the election OF
members by a general ticket would Sc
cure the election of better men. Mr..
McDermott said that might do for d
campaign speech. but 1t was out of place
in legal discussion in a court room.
Besides, he said, ir was illogical. as there
is better chance of eectiDg good men
when they are chosen il small district
where they are known, than there is
when elected in bunch on general
ticket. In the later case an unfit man
has a better chance of getting elected.
Again, it must be remem bered that no
bill can become law unless it receives a
majority vote in the Senate where all OF
the members are elected from counties.
THE REAL INEQUALITY.
As to the inequality of representation
on which so much stress was laid by the
other side Mr.. McDermott iustanced that
four members of the Senate represented
counties with an aggregate population in
excess Of the other seventeen counties.
Also shat the Assembly bad seven mem
bers from counties not having proper
tionate population, and that these seven
would represent more than the average
majority by which bills passed the
House.
Ex-Judge Stevens argued on the line
pursued at the preliminary hearing, that
there was nothing for which the Court
could issue a mamdamus, as the law
rules made 1t necessary that the clerks
against whom the writs were sought
must first have refused to perform an
act before the Court could be appealed to.
aud he did not believe this Court would
undertake to decide hypothetical ques-
tions to crafty presumption that some
body would omit to do his duty at the
proper time. Cou rtlandt Parker closed
the argument for the plaintiffs, dilattng
largely on the inequalities or the present
districting of the State.