The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-16
TO ATTACK THE APPoRTIoNMENT
LAW.

Preliminary steps have been taken by the
Democrats TO attack the new legislative
apportionment act, and their decision in
this regard viii probably be carried out.
They have a right to do this. ana If the ap-
portionment violates the Constitution IL
should be set aside by the Supreme Court,
as the Democratic apportionment of 1893
was when attacked by the Republicans.
That apportionment was attacked and held
invalid on the ground that it violated the
constitutional provision that Senators and
Representatives shall be apportioned
among the several counties according to
the number Of male inhabitants above
twenty-one years of age in each. If the
present apportionment does not comply as
nearly and fairly as possible with these re-
quirements 1t should be set aside. The Re-
publicans of Indiana cannot afford to win
or to profit by an unfair apportionment.
BY this it is not intended to admit that the
present apportionment is open to the OBJ
jections brought against that Of 1893, bur
the Democrats have a right to test the
question in the courts. and If they can
1ldhG luciI case they SuOuiQ viii
The Republicans of Indiana are on record
against the doctrine and practice of gerry
Wandering. The State convention of 1892
denounced the apportionment law of 1881
as "wickedly framed so as to deny to many
counties and localities fair and equal repre-
sentation in the Legislature" and declared
that such a policy is dangerous and de-
structive of all good government, and mer-
its the condemnation of all patriotic peo-
pie" The platform pledged the party Ito
continue the warfare against the dishonest
policy of the Democratic party until the
State shall be honestly apportioned." The
apportionment of 1893 differed somewhat
from that of 1891. but was still plainly vio-
lative of the Constitution. Under the adj
vice and guidance of Senator Fairbanks
the latter apportionment was attacked in
the courts on constitutional grounds and
the Supreme Court held it invalid. The
Journal led in that fight and won on princi-
pie. The Republicans never won more
fairly or grandly than they did in that
fight. and they cannot afford to abandon
or sacrifice an iota of the principle on
which they won.
General Benjamin Harrison was one Of
the first of honored Republican leaders in
this State to take ground against the ger
rymander as an indefensible means of gain
ing unfair political advantage. While Pres
ident he took occasion in his annual mes
sage of 1891 to denounce congressional ger
rymandering as "a form of political rob-
berry," and "a threatening and intolerable
abuse" and he also referred to gerrymand-
ers for State purposes. Il have been re-
Gently advised" he said, that in one
county of a certain State three districts
for the election of members of the Legisla-
turs are constituted as follows: One has
5000 population, one 1900 and one 10000.
while in another county detached, nom
contiguous sections have been united to
make a legislative district" This prob
ably referred to the Democratic gerry
mander of 1891 in this State.e
The Journal is not prepared to say at
present whether the Democrats can make
a case against the last apportionment or
not. That is for the courts to decide. But
it is clearly of opinion that the Demo-
Gratis have a right to attack the apportion-
ment on this line, and if they can satisfy
the court that it is unconstitutional, as the
Republicans did in the case of the appor-
tionment of 1893, it should be set aside.