New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-05-02
REAPPORTIONMENT.

Governor Hughes's message TO the Legislat-
ure recommending the passage at this session
Of a new appOrtOnmCnt law is characterized ny
practical wisdom and sound logic. 1t brushes
aside all subtetes and insists on an applca-
ton of common sense principles 10 the sltua-
ton created by the decision of the Court OF Ap-
peals upsetting the apportonment of 1906. The
Court of Appeals declared the distribution or
representative power made last year unequal
and invalid. While, the principle Z ct the
law abhOrS an interregnum, il announced that
the present Legislature possessed unqueStoned
de facto powers it nevertheless imposed on
that Legislature the duty of repairing the errors
committed in framing the apportionment on
which il was elected. Good faith and comfy
between the coordinate departments OF the
state government required that the Legislature
should act soon as practicable on the suG-
gestions Of the court. There can be no ques-
ton of the practcability of acting at this SEES
sion. for the length of the session is indeter-
inmate and the next election is still six months
off No convincing or even halfconvincing rea-
son can be given for not doing an unavoidable
duty or for not doing it now.
There has been some talk about letting the
Senate elected last year hold over until 1908
and eecting an Assembly this fall on the basis
of the constitutional apportionment of 1891.
5ut this plan savors too much of indirection
Legislature to the charge OF trying to perpet-
nate an order of whose illegality it had been
duly warned. The Assembly districts in the
more populOuS counties mu@I be carved out OF
territory included in larger Senate districts
and if the apportionment of 1894 We're fol-
lowed in eecting an Assembly next Novem-
ber the Senate and Assembly districts would
fall out OF their intended constitutional rela-
lions. An experiment of this sort might he justl-
IoFt 10 aoi-a
distribution. But with ample time available in
which TO frame new apportionment, the Leg
isIature cannot excuse itself for Ignoring the
mandate of the court 1t cannot afford to IN
vfte a second challenge of It's own legitimacy
and constitutional character.
The Governor is entirely right in saying that
the people are entitled to an appOrtionment
"in accordance with the letter and spirit OF
the constitution" There are certain vexa-
tious provisions in the constitution which mill
tate against absolute equality in the distribu-
ton of representative power. Since counties
must be treated as units and no part of one
county can be combined with another county,
a mathematically exact apporuonment Is out
of the question. "COmpactness' and cont
guilty" can also be attained only 10 an approx
mate degree, and no division of the state can
be made which will do every county and every
community equal justice. We never regarded
the apportionment of 1906 fawless. but we
held that, considering the inherent difficulties
10 be overcome, it was reasonably fair and sat
isfactory The Court Of Appeals decided, how
ever that it failed to satisfy constitutional re-
qurements, and that verdict is final. The Leg
islature should now try TO better It's work of
a year ago, putting political and fractional self
interest aside and giving the voters OF all sec
tons of the state equal voice at Albany
as they are entitled to under our scheme of
constitutional restrictions. The fairest possible
apportionment is the one which will most COM
mend itself to the public.