Bridgeton pioneer., 1893-11-16
UNCONSTITUTIONAL.
They Cannot Carve mp the State
to Give the Minority the Right
to Elect Democrats.


more unhappy. The people have sat
down upon them with mighty force
and now the Courts have knocked
their cherished plans into smitherines.
The outrageous gerrymander, passed
three years ago, which was determined
upon to keep the Democracy in power
has been pronounced unconstitutional
and In the future the maj ority of the
people will elect the Representatives,
and minority rule cannot prevail.
Justices Depue, Reed aud Lippincott
heard the argument in the case last
June. Justice Depue, In his opinion,
reviews the various acts providing for
the election of members of the Assem-
bly, by districts, and after referring to
the unjust division of legal voters In
the Essex County redistricting, says:
''The Issue presented In this case Is
whether, under the Government es.
tablished by the Constitution, the
members or the General Assembly ap-
portioned among the several counties
may be elected otherwise than by the
qualified voters of the county at large.
After a careful examination and the
most attentive consideration of these
important questions, in my Judgement
the election of members of the Assem-
bly, In Assembly districts Is plain de-
parture from the method of electing
these Representative as prescribed by
the Constitution.
The election of one member
In one district and another mem
Der In another district, and so on
through the eleven, into which the
county is divided, is not the election of
members of the General Assembly ap-
portioned among the counties by the
legal voters of the county. The con-
stituency devised by the redistricting
method Is entirely different from that
prescribed by the Constitution, and the
qualified voters of the county are re-
stricted in the exercise of tine right of
suffrage as fully as Is guaranteed to
them by the Constitution. The Con-
stitution contains the permanent will
of the people. 1t is paramount to the
power of the Legislature and can be
revoked or altered only by the power
which created 1t. Popular Govern.
ment can only be obtained by uphold
ing the Constitution at all times, on
all occasions, as it was when 1t came
from the hands of the people, by
whose fiat it was established as the
fundamental articles of Government,
to abide until altered by the authority
of those who erected 1t.
"The constitution mandate requires
election of members of the General As.
sembly by the legal voters of the
counties respectively, and the division
of counties into Assembly districts
and the distribution of members
among these districts for the purpose
of electing such members is in conflict
with constitutional mandate. No one
can examine the legislation on this
subject and contemplate the results
without realizing the evils which have
been fostered under this system. Re.
lief from these wrongs through the
ballot box cannot be assured. The
ma jority in the Legislature is elected
by a minority Of the legal voters oi
the State, precedent has been followed
nv q n IN ha Ind fNNV
time to time as supremacy in the Leg.
islature has passed from one political
party to another. For this condition
of affairs the only remedy is a return
to constitutional methods"
In closing the opinion says: 1.-THE
rule to show cause should be made alb
solute for a peremptory mandamus
commanding that at all future genera
elections members of the General As
sembly in the County of Essex shall
be voted for throughout the county
as prayed for"
The decision does not affect the re-
suit of Tuesdays election. That will
stand.
The decision will make some inter
esting changes in New Jersey politics
IT the recent election had been helt
under 1t, the Republicans would hav,
certainly elected 81, and not improba
bly, several more, members of tn,
House. Hereafter, under the count,
system, the Assembly elections may
be expected, under ordinary coudi
tions, to result as follows:
Rep. Counties. Dem. Countless Doubtful
Number Number humble
Members. Members. Members
Atlantic ..... lIBergeu....... q Morris. .......
Burlington =. II Hudson IL Salem..
Camden ..... 81 Hunterdon 2ISomerset. 80.
Cape May. II lMiddlesex 2lUnion
Cumberland. q Monmouth. 81
Essex ........ll sussex ......
Gloucester. II Warren. q
Mercer ...... 8
Ocean. p........ II
, Passaic ...... 4
Total. 30 Total. pa Total ....