The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-12-11
APPORTIONMENT DECISION IN NEW
YORK.

APPORTIONMENT DECISION IN NEW
YORK.
The Supreme Court Of New York. in
general term, has rendered a decision
constituting the provisions Of the new
Constitution relative to legislative APP
portionments which shows the tendency
of recent times to abolish the gerry
mander. This tendency is shown by the
people in amending constitutions and
by the courts in constituting them, The
new Constitution of New York, the
latest adopted by any Northern State,
may be supposed to represent the most
advanced public sentiment on this ques-
ton. Some of the Southern States have
new constitutions, but no one looks for
any political advancement or reform in
those Democratic strongholds. The New
York Constitution requires that legisla-
tive districts shall be composed as near
ly as possible of equal populations, and
''of convenient and contiguous terri
tory. and in as compact form as posi-
ble."
The case before the court was that of
two districts in the same county, st.
Lawrence, one of which contained a
population of 40,6S2 and the other of
1896. The disparity Of population was
not great, but 1t was contended by those
who attacked the apportionment that
one could have been made that would
have been more compact and more near
ly equal in population. The case was a
happy one for the demonstration of the
proper principles to be applied in appor-
tionment, because both districts were
strongly Republican, and, no matter how
they were made up. would continue so.
1t was not a question of partisan ad-
vantage, but of principle and constitu-
tional construction. The court decided
that the present apportionment violated
the Constitution and ordered a new one.
The judge who gave the opinion Of the
court called attention to the fact that
the new Constitution imposed on the
courts the duty of deciding on questions
of legislative apportionment with far
more strictness than formerly. 1T
showed" he said. IAN evident intention
to reduce the discretion vested in the
Legislature and in the boards of super
visors in apportioning Senators and AS
semblymen to a minimum" He called
attention to the fact that nearly all the
new provisions of the Constitution were
for the purpose of compelling equality
of representation and to make legisla-
tive districts as nearly equal as possible
in the number of inhabitants. As further
showing the purpose OF the trainers OF
the Constitution to put a stop to gerry
Wandering, the court said:
1t was found that under the Constitution
in existence in this State prior to Jan. l.
1893. irregular districts could be formed,
tuition that they should be compact Those
who formed them would allege reasons OF
convenience of communication. ETC.. which
the courts did not feel that they were at
liberty, under the then requirements Of the
Constitution and the discretion that they
held to be vested either In the Legislature
correct. To stop that abuse 1t will be OBJ
served that in the present Constitution has
been placed the requirement Of compact
ness. so that territorially the districts are
required to be "of convenient and contig-
uous territory and in as compact form as
practicable"
If the requirements as to apportionment
were left at that there would still be an
opportunity for the exercise of discretion
that would produce inequalities of repre-
sentation when measured by the number OF
Inhabitants in each district, and to reduce
that discretion to minimum the further
provisions were brought in that no district
should contain a greater excess in popula-
ton over a district In the same Senate
district, than the population Of a town or
block therein adjoining such Assembly DIS
trict, and to minimize II still further we
have the following clause: Towns
blocks which, from their location, may be
included in either of two districts shall be
so placed as TO make said districts most
nearly equal in number of Inhabitants"
Thus the whole intent, 1t will be seen,
Of the changes effected by the provisions
OF the new Constitution in relation to ap-
portionment is to force, as far as possible,
an equal division of the people into AS
sembly districts, so as to produce equal
ity OF representation, and give to every
elector an equal weight in the election of
members of the Legislature. That being
the intent OF these provisions of the Con-
stitution, I think the clause, Towns or
blocks which, from their location, may be
included in either of two districts shall
be so placed as to make said districts most
mandatory, and that the word 'shall' Is
there used in the sense of must.
The decision is of general interest, for,
while 1t construes provisions peculiar to
the New York Constitution, 1t shows the
growing disposition of the courts to set
aside unfair appointments and to re-
solve all doubts in favor of fair suffrage
and equal representation.