The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-11-21
NO GERRYMANDER THIS TIME.
Has the Legislature of 1895 Power
to Pass a New ApportIonment Act:

To the Editor-Sir: The constitution OF
Indiana, in my judgment, blocks any
valid gerrymander act in 1895.
Secs 100 and lO2 read thus: The gen
! eral assembly shall, at its second session
after the adoption of this constitution
and every six years thereafter, cause an
enumeration to be made of al the male
inhabitants over the age of twenty-ons
years. The number of senator's and rep
resentatives shall, at the session next fol
lowing each period Of making such emu
meration. be fixed by law and appor-
dOned among the several counties &C
cording to the number of mae inhabi-
tants in each, provided that the first and
second election OF members shall be &C
cording to the apportionment last made
by the general assembly before the adop-
ton of this constitution.
This constitution was adopted in No
vember, 1851, and under these two sec
tons the first enumeration which could
be legally made was in 1865 and the first
legal appOruOnment in 1857. This was
done in 1857 and our first appOrtion-
ment under the present constitution. l
do not find that any enumeration was
provided for by any statute until 1860. If
such a statute existed L have overlooked
ii.
The language of these two sections is
peculiar. The words, AT the session next
fo..owing the period Of making each
enumeration" fixes the date at which
valid appordOnment acts can be passed
and the words, The general assembly
shall. at its second session after the
adoption of this constitution and every
six years thereafter, cause an enumera-
ton to be made" fixes the dates of each
enumeration at 1855, 81, 81, 70. 70. So
81 and 81. OF course, the date of "the
session next following the period OF max
ing each enumeration" could be the leg
islative session of 1857, SO, so, 70, 81,
81, '93 and 80.
l am unable to see how any legislature
at any other dates than those above spa-
Gifted would be constitutional Nor would
the legislature Of 1898, under existing
laws. have any power to pass valid ap-
portionment act The first statute pro
Viding for an enumeration is the existing
statute Of 1865. This provides for an
enumeration in 1366-1S71 and at the end
of each successive period of six years
after the .ast mentioned year" This
enumeration is TO be competed by Sept.
l and reported to the next succeeding
legislature by the auditor of state IN
der this act the last enumeration was in
1889 and the next one will be due in 1895.
and must be reported to the legislature
of 1897. OF course. the next legislature
enumeration to be made in January and
authorize Itself to act upon the enumera-
ton In February.
Would such legislation be constitution
al? 1t certainly would not be. for the
periods fixed both for the enumeration
and apportionment by the constitution
are unmistakab.e. And these are the
years above pointed out.
1t is admitted that since 1857 our legis-
;atures have disregarded these constitu-
tiona, limitations. This question as to
dates has, so far as l am advised, never
been raised in our courts But the omis-
sion of prior ,egislat lures cannot hep the
constitutionality Of any appOrtiOnment
bill to be passed in 1885,
If such act should be attempted and
passed over the governors veto it would
have to receive the sanction of the SUI
preme court. to which an appeal would
certainly be made, and that court has
never allowed plrtisanship to influence
it's judgment upon constitutional ques-
tions. d. p. BALDWIN.
Logansport, Nov. IA.