New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-10
A GERRYMANDER ANNULLED
IMPORTANT DECISION BY THE SUPREME
COURT OF NEwJERSEY.
THE PRESENT LAW BY WHICH LEGlshAIohs
ARE ELECTED DECLARED UNcoNsTITU-
TIoNAL-AN UNCONSTITUTIONAL
EAOISE IN" "' "
TpY TELEGRAPH TO THE TRIBUNE.j

Trenton Nov 9-The Democratic Assembly
district gerrymander act. passed by the Legis-
lature of 1891 and designed to give the
Democrats perpetual control OF the Legls-
lature Of New-Jersey was declared unceh-
stitutional to-day The Essex County ne
publican Club last summer decided to nave
the Supreme Court pass on the validity OF the
act r. Wayne Parker, Of Newark, ana other
LAWYERS were retained and they argued
that the act was unconstitutional because Sec
ton g. Article ". of the Constitution. says sub
stantially that "the General Assembly shall be
composed Of members annually elected by the
legal voters of the respective counties. VINO
shall be apportioned among the said counties
as nearly as may be, according to the NUMBER
of their present inhabitants" Under the ger
rymander act the Assembly districts have been
composed of members elected by the voters OF
districts only. Allan L. McDermott. chairman
of the State Democratic Committee, and ex-
Judge Stevens. of Newark. contended that the
Constitution had not been disobeyed.
Judge Depue speaking for the court, says
that the Constitution is violated by the act and
he enters rule requiring all elections here
after for members of the Legislature to be
held according to the Constitution-that is,
voters are to hare the privilege Of voting for
all the candidates running in the county, in
stead of for only district candidate. In his
opinion Judge Depue says
The Constitution contains the permanent VIII OF
the people. 1t is paramount to the power or M tne
Legislature. and can be revoked or altered Only
ment can be maintained only by upholding the
Constitution at all times and on all occasions. as IL
by whose fat i established s,a as the fHndi Ia
mental article of government, 10 abide until al
arnl hN he III.
No one can examine the legislation on this sub
fet se reS M Without S G razns ne e evils Which
been fostered under this system Reef from tnese
5 IN the the is elected by
minority Of the legal voters or tne STATE al no RE re-
pested from time to time as supremacy in the
has has PAS Sonon 5Gm one o pss he only
remedy is by return to constitutional methods
The news of the decision had startling eff
feet until it was learned that it would not serve
to set aside the results of Tuesdays election.
The Republicans are satisfied with the decision.
They had not intended in drawing the Assembly
district lines anew to follow the example Of the
Democrats. Now they will not have to touch
the matter at ell. As the counties have been
growing lately the Republicans will be reason
ably sure of electing 20 members OF the Assem-
bly, every year. while the Democrats will be
BILE to count on only twenty -four. leaving seven
districts to be contested.
The Supreme Court also decided the county
Excise Commissioners law to be unconsttu-
tional. There are county excise commission
boards in Camden Cumberland. HunteriOn,
Warren and few other counties. The grounds
for the decision were not stated. They Will be
given out when the text Of the opinion Is filed.
Camden. n j., Nov. (SpeciaD.--Tbe decision
of the Supreme Court against the County Ex-
else law Is received in Camden and Cumberland
counties with almost as much JOY as the YER
diet of the people Of the State on Tuesday.
Such boards exist in these two counties. and
they have granted licenses to all who asked.
Fifty liquor stores in this city. fourteen In
Bridgeton and seven in Mivlle Will be COM
PEELED to close. In these two towns the JOY is
particularly keen. for the people had voted
year after year against the sale OF liquor. In
this city the county board granted licenses
after they had been refused by the regularly
elected city board and reduced the fee from
$500 to $3.50.
r. Wayne Parker. OF Newark, who one OF the
lawyers who applied to the court for the manda-
mus granted. saic yesterday that the decision was
yst a judgment and would not he until writ
is taken from the Supreme Court. But the decision
had no effect bearing on the late Assembly cleo
tions, inasmuch the writs obtained declare that
in future the County Clerk of Essex be commanded
to receive nominations for AssemDlymen selected
by delegates of the county conventions, and not
from any districts marked out in the county. and
that such tickets shall be printed The decision APP
piled to Essex County. and other counties may Sc
cure writs OF mandamus. az Essex has done.
Ex-Jusge Frank Fort thought the result OF the
decision in the State would be favorable to the
Democrats in the main, far at least the
next United States Senator concerned. the
ESSEX County should elect eleven Republican As
sembyman and Hudson eleven Assemblymen, 1t
other counties having from one to four Assembly
men. He was glad Of the decision as it Will give
no be- pcssbe G for IN c
nomination in district where he would Re as
sured of election by "abhorrent forces" With AS
sernblymen elected a general ticket the people
of the whole county would pass upon the quah-
cations OF each candidate, and those not proper
didates could he cut without mercy.
Samuel Kalisch, Democratic lawyer, of the
opinion that the last election Illegal and II
the law strictly observed new election would
have to be ordered. Nearly all the Democratic law
be no appeal by Democrats to the Court OF Errors.