The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1907-03-21
Spirit of Constitution Violated
by Partisans
Democratic Legislature Grouped Re-
publican Counties Into One
District.
COURT TELLS PLAIN TRUTH

VI dppcdlS lOudy III an OplnlOu uc-
livered by Judge Barker and con-
CURED in by the entire court upheld
the decisions of Judge Galloway and
Judge Birkhead. deciding that the
legislative redlstricting bill passed
by the last legislature was unconsti-
tutional and that the next election
for the legislature must be held un-
der the conditions that existed be-
fore the bill Of 1906 was passed.
The cases In which the decision
was handed down today were the
consolidated cases OF Ragland,
Chairman VS.. Anderson, Butler coun-
ty, and Tinsley, Clerk, VS.. Keown,
Ohio county.
The court in holding the redis-
tricting act of 1906 unconstitutional
holds that the spirit of the constitu-
tion was violated, but says that the
formation of a district of one or
more counties Is not such violation.
The vital part of the decision is stat
ed as follows:
ut Is no answer to the demand Of
appe,lees that the act of 1906 be
declared unconstitutional; that IL
will follow that the act Of 1898 must
also be declared unconstitutional be-
cause 1t created unequal representa-
tive districts although in a less de-
gree than 1906. The conclusion
sought to be drawn does not follow
THE act Of 1898 has gone into eff
feet and the government has been or
ganized under IT, To hold it void
would be to throw the government
into chaos. It IS now too late to
question its validity.
1.-THE next legislature must be
elected under it and then we have no
doubt that the members impelled by
their sense Of duty, the obligations of
their oath of Office, together with
that spirit of justice which is the
heritage of the race, will redistrict
the state as the constitution re-
quires.
EN- conclusion. we do not agree
with appellees that section 1913 for
bids more than two counties to be
Joined in one representative district.
Without elaboration, we are Of the
opinion that more than two counties
may be Joined in the district provid-
ed 1t be necessary in order to effect
uate that equality of representation
which the spirit OF the whole section
so imperatively demands.
at may not be Inappropriate, how
ever, to say that II IS difficult at this
time to see how this necessity can
often arise. But it must be remem-
bered that constitutions are estab-
lished for the exigencies of long Pc
riods of time and, It cannot now be
told what the future may bring.
"For the foregoing reasons the
judgments holding the redlstricting
act of March 1906, void, must be
affirmed. and it is ordered"
The decision of the court of APP
peals relates entirely to the legisla-
tive gerrymander of the last leglsla-
ture. The bill declared unconstitu-
tional today was passed by the leg
islature in March, 1906, and was ap-
proved by the governor.
The bill calling for a gerrymander
was originally introduced by Lloyd
Gates. Of Jefferson county, in order
to add one new district in his conn
ty, but the bill as passed was chiefly
the work of the Kentucky statutes
committee Of the lower house, of p
which NJ. NJ. Redwine was chair {
man. d
The bill changed the arrangementsl
of the various legislative districts in
a radical way. Certain Republican I
counties were grouped together de- Y
spite their large aggregate popula-
ton, while districts containing two h
small Democratic counties were d. 1
vided and each district given rep
o
A special district was made out Of S
Jefferson county and a special dis
tdict out of the Eleventh ward. I
Suits to test the validity of this
act we're filed in Butler county and
In Ohio county. In Butler county the /,
suit was passed upon bv Judge Gal I'M
Ioway, Republican, and was declared 2
illegal. In Ohio county It was passed
upon by Judge Birkhead, Democrat
and also declared Illegal. The cases u
we're consolidated and taken before y
he court Of appeals. Today's tribu- "
nal sustained both these lower courts l.
md declared the partisan gerryman- u
Ter OF 1906 unconstitutional on +
lumber Of grounds
A number OF other suits testing