The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-11-12
. PRECEDENT FOUND
DEMOCRATS DEALT WITH AN AP-
PORTIONMENT BY AMENDING 1T.
Governor Hendricks Fathered h
I~dea--Sen4te saw No Need OF Such
Lesisiatien and Killed 1t.

Few things are more certain than that
the present legislative outrage, known as
the apportionment law or ge~rrymander, will
not be allowed to Cypress the people Of
this State longer than the present term of
the LEGISLATURE. The method Of setting il
aside in conformity with the Supreme Court
decision Is not yet determined. There Is,
however, good Democratic precedent for
passing a new law giving a fair apportion-
inert, under the guise Of amendment. the
Constitution providing that such laws shall
be passed every six years. The interstice
has not yet expired, and will not do so
until 1897. In the year 1875, the House
passed the bill amending the existing ap-
portionment law, which had been made by
the Republicans in 1872, this being the last
session until this In which they had a ma
jority In both branches of the General As
sembly. David Turpie. now Senator, was
Speaker OF the House in 1875. and there was
a working Democratic majority Of twelve.
The campaign had been fought with the
accustomed acrimony OF the Democrats OF
that period, and In the political landslide
that followed the panic OF 1873. the Demo.1
Gratis were successful. It was not a victory
on the gerrymander issue, to which the
party has always shown a pachydermous
Indifference, but was a general defeat of
the Republican party throughout the coun-
try. Governor Hendricks was in office.
and in his first message to the Legislature,
he suggested that the apportionment was a
vicious affair and manifestly unjust TO a
large part Of the State. He attacked the
law in face of the fact that under its pro-
visions, with an average plurality, his party
had been successful at the first succeeding
election. He suggested that the law ought
to be amended in the following language:
1.-The Constitution requires that the num-
Der OF Senators and Representatives shall
be apportioned among the several counties
according to the number OF white male in
habftants above twenty-one years OF age
act of December q. 1872, is not in accord
ance with that requirement The ~inequali-
ties among many counties are obvious and
gross. Laws fixing representation should
not be frequently changed, nor upon. I'M
important considerationss STABILITY Is a
reason for amending the law could be
stronger than that found in the fact of
it's gross inequality. The question is not
free from doubt in my mind whether the
apportionment can be changed prior to the
next enumeration under the Constitution.
But should you be satisfied that the law
may be amended. then the reasons in it's
favor are conclusive. In making the
whatever should be regarded but the CON
stitutional requirement OF equality and
Justice"
In accordance with this recommendation,
Bill Ais was introduced in the House on
Feb. 16, 1876. 1t was referred to a
special committee, which reported that it
pass. and on Feb. Is 1t was read a
second time. In name it was an amend
ment. but in fact it was a new bill. 1t was
put upon its final passage FIVE days later.
and after the Republicans had attempted
to amend 1t several times, the previous
question was ordered and the bill was
passed, receiving hfty-three votes, includ-
ing the Speaker, while forty-one Republi-
cans voted solidly against IL. 1t then went
to the Senate, arriving the next day, and
was referred to the judiciary committee.
This COMMITTEE always looks to the ex-
pediency of a bill as well as TO its legality,
and on March a report was made recon-
mending its indefinite postponement. The
recommendation was acted on favorably,
March 5. Thus the bill died. Had there
been any. real cause such as now exists
the committee, II is generally believed,
would not have strangled the bill. But the
ton held under ii, and there was no reason
to believe that ii had suffered from the I'M
fair dealing of which Governor Hendricks
complained. 1t was thought best not 10
risk a legal contest, and the possible legali-
ty of the Legislature that would be elected,
unless there would be some reason for 1t.
State and legislature. with the exception
of one session and two terms in the Gov
errors chair ever since, by virtue Of an
apportionment that would make Elbridge
T.. Gerry the author of this style of politi-
cal warfare hang his head in shame. When
the apportionment OF 1891 was declared un-
constitutional by the Supreme Court. and
the occasion for another arose, the leading
spirits defying the edict of the court and
nat they had perfected one that Would s4 Iel
quire a majority of $4,000 to overthrow.
Such a majority has new been secured. and
der, is Republican in both branches.