The Hartford republican. (Hartford, Ky.) 18??-1926, 1906-08-24
GERRYMAMDER ACT VOID
declares Judge Birkhead In
KeOwn---TinSley Case.
Legislature Exceeded Its Az
thorlty Under the
Constitution.

The suit of c. p. Keown against
w. s. Tinsley and others recently
filed in the Circuit Court here under
direction of committee selected by
the Republican members of the last
Legislator. to test the constitution
atty of the Legislative districting
act passed then. was decided Wednes-
by Judge T. F. Birkhead who up
holds the contention Of the plaintiff
and declares the act in question I'M
constitutional and void.
Judge Brkhead handed down a
k.ngthy and exhaustive opinion re-
viewing the facts fully and sustained
the contention of the plaintiff and
the committee in charge of the mat
ter in every particular.
The tone of the courts opinion
would indicate that he is not at all
given to the idea that a population
Of 7406 should entitle a bluegrass
county to representative if it re-
quire SO, 263 in the Pennyrile to be en-
titled to one, even il the Pennyrile is
Republican.
The salient points of the courts
opinion are as follows:
II is a well settled principle of law
that the policy and business of
Legislation belongs not to the judi
cial but to the legislative branch of
our government, and whenever il
appears to the court either by the
express terms of the Constitution
or by clear implication the act in
question is forbidden by the organic
law of the State, the court should
take jurisdiction of the matter and
if satisfied that the act is invalid
should so hold.
The facts in this petition substanti-
ally show that the act of March %,
1906. redistricting the State. putting
Ohio. Butler and Edmonson counties
in one legislative District gives them
one representative with population
of SO, 263. covering territory of
124l square miles. An examination
of other legislative Districts shows
that one county with population of
7406 and area of 204 square miles has
a representative. Others with 8, 9,
10, and IL 900 population each have
representatives. From this it clear
" appears that in some parts of the
State of Kentucky one elector has as
much voice in selecting a represen-
tative as six or seven electors in the
18th Legislative District composed Of
Ohio, Butler and Edmonson. The
average representative District in
the State under the census of 1900 is
approximately 81 900. So the three
counties in the 26th Legislative Dis
trict have population % times az
great as the average representative
District. These figures seem to
this court to conclusively show that
in redistricting the State that part
of section 33 of our constitution
which provides; that Districts shall
be as nearly equal in population as
may be without dividing the county.
has been violated and the rights of
the electors in Ohio county have
been materially and prejudiclally af-
fected.
A similar question has been pass
ed on by the Supreme Court of the
United States, which holds the act I'M
constitutional in an opinion written
by Chief Justice Fuller and am pur-
suaded that the act approved March
%, 1906 dividing the State of Ken
lucky in Legislative Districts is in
conflict with section 33 of our State
constitution, and is void.
Judge Birkhead's being Democrat
makes the decision the more impor-
tant in view of the fact that it was
by a Democratic majority in the
Legislature that the act was passed.
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