Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1894-12-01
THE DEMOCRATIC dERRyMANDER
OF 1891 UNCONSTITUTIONAL.

49, - - u S~N ~ 1ANN HAHNDA-N
OF 1891 UNCONSTITUTIONAL.
A reporter Of the Herald, on. last
Wednesday. dropped in upon Prose
cutting Attorney T. S. G. Pitzer and
found him busy at work, preparing
for the January term of the Circuit
Court.
what do you think of the asser-
ton made by Senator Faulkner and
other prominent Democrats that the
next Legislature cannot redistrict or
gerryinander the State we asked
him.
The Constitution, he replied,
undoubtedly bears out their claim
Sec. 10. of Art. 6, of the Constitution,
declares
The arrangement of the Senatorial
and Delegate Districts, and apportion-
ment of Delegates. shall hereafter be
declared by law as soon as possible
after each succeeding census taken by
authority of the United States.
The Legislature of I8oo-oI districted
the State to conform to the census of
1891, and, of course, that work cannot
be undone until 1900
Then we must submit to that I'M
t. just piece of political chicanery until
I9oo!' we retorted.
Mr.. Pitzer laid down his pen and
looking at us curiously, replied:
81 did not say that. We clearly
should restore the old, fair apportion-
nent existing prior to 1890, and we
undoubtedly can legally do SO. Why?
Because the reapportionment of 1890
81 is most assuredly unconstitutional.
1t will not stand inspection, and would
be set aside by our Supreme Court, if
ever it should be tested. I am sur
prised that the Republican party,
through its able lawyers. has not at
tackled this perhdious, abortive appor-
tionment long ago. You ask me What
l mean? Why, simply this. Sec. 2,
of Art. 6, of our State Constitution,
declares:
The Senate shall be composed of
twenty-four and the House sixty-fve
members, subject to be increased ac-
cording to the provisions hereinafter
contained.
Now, what are those provisions ? Sec.
2, Art. 6, declares:
Additional territory may be admit
ted in and become part of this State,
with the consent of the Legislature
and majority of the qualified voters
of the State voting on the question.
lind in SNeh case. precision shall be
made BY lac, tor the representation
thereof i'll the Senate and House of
Delegates, in conformity with the
principles set forth in this constitution.
And the nnm6ey of members of which
each house of the Legislature is to
consist, shall thereafter be increased
BY the representation assigned TO such
additional ter, tory
The Legislature had no right in 1891
90 to n0ease tie membership Of the
House, without doing so through an
amendment to the Constitution, sub
lnitted to the people for their ratihca-
ton or rejection. Undoubtedly the
intention of the trainers of the Consti-
tuition was to make the Legislature
consist of only eighty-nine members,
except as that number might be in
creased by new appointments of the
Senatorial Districts, which may be in
creased after every census TART. 6,Sec.
a so far as may be necessary to make
them conform to the foregoing provi-
sion, and no other precision is made
for any ether increase in representatives.
except as set forth in Sec II, quoted
above. The Legislature during a
special session, think, of the ISSI-S2
body. as it had constitutional right
to do, added 9Th district to the IL
then composing the Senatorial Dis
tricts, but after heated and careful
discussion, then decided the number
of representatives could not be increased
except by a constitutional amendment
Now, the Democratic Legislature,
without any better constitutional right
or legal authority, in the session of
ISoo-oI, increased the Delegates from
sirty,tf7'e to SeaeRty-one, in my opinion
violating the clear, plain provisions
of the Constitution, and absolutely
robbing several counties of their di-
rect, constitutional representation,
thereby. "
''Do you think the next Legislature
will do anything in the matter -
II cannot say. think the Con-
gressional district apportionment can
not be changed until 1900, and | sim
cerely hope even then that no change
will be made. AS these districts are
now, we have more than fighting
chance in all four If any change
should be made, three of these dis
tiicts will be made solidly Republican
and one, strongly Democratic This
would not be fair to that one district.
and the shoe would more than proba-
bly, pinch Second District Republican
feet. See AS to the question we
have been discussing, if the Republi-
cans will simply redistrict the State by
making the districts exactly as Mey
acre befo,s the last change, and fight
the battle out on that line, | am sat
isfied the Supreme Court will indorse
it, and will, if any question is raised
about the legality of it, sustain the
same, by declaring the apportionment
of ISoo-oI. unconstitutional. Such a
change would be perfectly fair and
honest apportionment, and would ac-
cord to each county direct represen-
tation in the Legislature. give you
this opinion, after somewhat hurried
consideration, and l believe if any