The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1907-03-27
BILL ILLEGAL.
Court of Appeals Declares
Against Redistricting
Measure.

Frankfort, KY, March 20.-The con-
tention of leading Republican poll
ticians of Kentucky, made in Butler
and Ohio Circuit Courts, that the act
of the General Assembly OF 1906, re-
districting the State into one hum
bred legislative districts, is unconsti-
tutional and void, was upheld by the
Court of Appeals to-day. The decis-
ion, which is affirmative of the judg-
ments entered in both Bntler and Ohio
counties, was announced by Judge
Barker. The whole court considered
the questions presented in the appeal
and there was no dissent announced
by the court.
The main reason given by the court
here for it's declaration that the legis-
lative act is void is that it violates
section SO of the Constitution as to
equality in representation. This was
not even pretended to be obeyed by
the Legislature, says the opinion of to-
day, in framing the act. 1t is not in
sisted by the court that the equality
is to be mathematically exact, but
only that the equality shall be such
as is suggested by ordinary knowledge
and a sense of common justice.
The court takes occasion to say
that equality of representation is the
vital principle of Democracy, and that
Republican institutions cannot live
without it. The chief contention of
the Democratic attorneys who con
tended for the validity of the act was
that the question involved was a po-
litical, not a judicial one, and that
the courts have no jurisdiction to re-
view acts of the General Assembly in
the matter of redistricting. Meeting
this the court says that it is for the
courts to measure acts OF the General
Assembly by the standard of the Con-
stitution, and it is their duty to fear
lessly declare whether or not they
violate the provisions of that instru-
mentt.
AS to the constitutionality of the
legislative act of 1898, the validity
of which was also raised in the cases
before the court here, it is held that
that asst has gone into effect and the
Government has been organized under
it since the adoption of the present
Constitution of the State. and to hold
it void would be to throw the Gov
eminent into chaos, and this no court
is required to do. The court adds
that it is now too late to question its
validity, that the General Assembly
of 1908 must be elected under it this
fall, and that the new body will
doubtless be impelled to redistrict the
State as the Constitution requires.
The court further declares the opinion
that more than two counties can, un-
der the Constitution, be placed in a
single district, but doubts the neces-
sity for such redistricting.
The questions presented to the court
appeared in cases of NJ. S. Ragland,
chairman, VS.. S. A. Anderson, from the
Butler Circuit Court, and w. S. Tins
ley, County Clerk, VS.. c. p Keown,
from the Ohio Circuit Court. The cases
were prepared as test actions, follow
ing a meeting of leading Republicans
of the State, with minority members
of the General Assembly of 1906, held
here Immediately following the close
of the 1906 session. The meeting was
gotten up by Senator A. S. Bennett,
of Ohio county; Representative w. c.
Halbert, of Lewis county, and several
others. Judge William II. Holt, Judge
George DuRelle, of Louisville; w.
C. Halbert, of Vanceburg, and Worth
ington & Cochran, of Maysville, were
selected to present the questions in
court.
In the lower courts, both in Repub-
lican counties, there was little contest
over the cases. They We're appealed
to the Court of Appeals, and, when set
down for oral argument, but one side,
that of the Republican contestants,
was presented to THE court. Upon
consideration the court directed a
reargument of the cases, and Judge
Lewis McQuown and Judge James S.
Morris, of the local bar, appeared and
presented the side of those favoring
the upholding of the new act.