Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1910-06-23
THE NEUTRALITY-SUSPICIOUS. CASE.

As has been stated, the republican
members Of elections committee No.
have filed their report in the contest
of John NJ. Parsons, republican, fol
the seat of Judge F. w. Saunders
democrat, in the House of Represent
tatives from the Fifth district OF Vir-
GINA. The report recommends thai
Saunders be unseated and Parsons
declared the member from that dis
trict.
The democratic members of the com
mittee are given until the first Mon
day in December to file their report
in favor of Judge Saunders retention
of his seat. The main reason for the
action Of the republicans in ousting the
democrat is the gerrymandering by the
democratic legislature of the district
in such way as to-take, Floyd county
of the Fifth and place it in the Sixth
district. The majority of the COM
mittee holds that the redistricting act
Of 1908 was unconstitutional.
Under the eleventh census Virginia
was entitled to 10 congressman. This
number was not changed under the APP
portionment made after the twelfth
census, and representatives continued
TO be elected from the districts as con-
stituted by the Virginia legislature by
the act of 1892. In 1902 a redistrict-
ing bill passed the legislature, but was
vetoed by the governor on the ground
that it did not comply with the Vir-
ginia constitution. Although the
legislature and governor were Of the one
party" says the report filed with the
House, and there was abundant ma
iority in the legislature to have passed
the bill over the governors veto, it was
not done In 1906 the legislature
passed an act to form a complete reap
portionment. Under this act the Fifth
district was continued, consisting of
Danvile and the counties of Pittsyl-
vania, Henry, Franklin, Floyd Pat
rick, Carroll and Grayson, with a pop
ulation OF 1855 according to the
enumeration of 1900. The adjoining
Sixth district was so constituted that it
had a population OF 181, 81. In
1908 the legislature passed another act,
in form complete apportionment,
which took Floyd county from the
Fifth district and added it to the Sixth
district, reducing the population Of the
Fifth district TO 100, ISL and increasing
that OF the Sixth district TO 1856, 959--
in other words, making the smaller Of
the two districts still smaller and the
larger still larger, " says the report
The Fifth district was a very close
district politically, and upon its face
the act of 1908 seems to have been
passed for the sole purpose of securing
partisan advantage The oontestee,
while not concedIng this, states that
he does not deny, that political con
sIderations entered into the legislative
motives for the change" the report
continues.
The republican party maintained
that the redistricting act of 1908 was
unconstitutional and elected its dele
gates to the national convention of
1908 from the district as constituted
in 1906, and at the nominating con-
yention for Congress in 1908 delegates
from Floyd county were present and
participated. and over 900 electors
in Floyd county in 1908 voted for
the Fifth district republican nominee
for Congress. In counties other than
Floyd the committee has recounted
the entire vote, finding 1925 for +.
w. Saunders, the sitting member,
the contestee; 500 for j II. Parsons,
the contestant; IL for Elliott Matthews,
an adiudged lunatic; 239 void ballots,
1l5 Of which are reported by the
subcommittee for the consideration
of the full committee, 10 from which
the voter erased the name Of Parsons,
leaving on the names of both Saunders
and Matthews, and 1873 from which
the name Of Matthews was erased, leay-
ing the names OF Parsons and Saun-
ders.
In its conclusion the report of the
republicans declares:
This case presents as conclusive
evidence Of willful and deliberate legis-
lative disregard OF the fundamental re-
quirements of contiguity, compactness
and equality Of inhabitants as has come
to the attention OF the committee In re-
viewing the decisions Of the courts Of
the various states that have declared
similar enactments null and void. The
only and the specific purpose Of the act
Of 1908 in taking Floyd county out Of
the Fifth district and transferring it to
the Sixth district, as appears from the
evidence, was the political advantage
that resulted in making a close district
barely safe for the dominant political
party of the state. This committee is
a judicial tribunal. We have not the
right to consider expediency or policy,
politics or personality. We have but
to decide the case upon broard lines Of
justice as determined by the facts, the
law and the constitutions But so far.
as we may go in considering the effect
Of our decision we believe that it will
shut the door Of the House of Repre-
sentatiyes to one OF the most insidious
and dangerous political offenses that
can menace democratic government.
Our conclusion is, therefore, that the
redistricting act Of 1908 does not con
form to nor comply with the constitu-
ton of the United States, the United
States apportionment act Of the twelfth
census, nor to the constitution of Vir-
ginia, and is null and void, that Floyd
county is still part of the Fifth dis
trict and that the votes cast in such