The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-11
MAY RED|STR|CT
!. WHEN It PLEASES
No Court Could Declare In
valid a Measure Passed
Two Years Hence
QUESTION POLITICAL
NOT UNSUITABLE
No Extra Session to Redis-
trict State As Whats the
Use?"-No Fear of
Ten Year Wait

Notwithstanding the mandatory
character of the constitutional re-
quirement that the State be redis-
tricted into senatorial and house DIS
tricts in the year 1912. and every
tenth year thereafter. the question OF
redistricting VIII be before the Legs
lature Of 1914.
Section 43 Of the Constitution pro-
vides that the superintendent OF the
State into senatorial and house dis
tricts, made by the acts OF the Gem
eral Assembly, approved April "a,
1902, 10 hereby adopted: but reap
portionment may be made in the year
1906. ana gfIaif be made fn- thc-yeaF
1912. and every tenth year thereafter"
However. it Is held by we'll known
legal authorities that the redistrtcting
of the State Is such an act as. in the
very nature Of the case, could not be
reviewed by the courts. and that the
Legislature OF 1914 can do what It
deems best in regard to the matter.
without fear of any redistricting &C
tion 1t might take being successfully
attacked.
Judges of It's Own Qualifications.
II might be held by some that the
Legislature Of 1914 when 1t meets
will not be a legally constituted body,
on account OF the failure to redistrict
the State. However II would be the
Judge OF the qualifications Of It's own
members, and 10 court would ever
get a chance to pass on that PROPOSE
tion.
There are others who hold that the
failure of the General Assembly to
pass a redistricting bin was in effect
legislation by negation adopting the
existing districts. with the effect th0t
no further redistricting may be had
until the year 1922.
Under recent decision OF the
United States Supreme Court a dis
tinction 10 drawn between popular or
legislative acts addressed to the
framework and political character OF
the government" and acts which are
justifabie in their nature.
The distinction Ia drawn in the de-
cision handed down by Chief Justice
White holding the initiative and refer
endum valid. not only in Oregon but in
Missouri. and in all other States
wherever the people have provided 1t
or may provide it.
Political Act Not Renewable.
According 10 the distinction drawn
in this decision. II IS a political act
10 provide the initiative just as a re-
districting bill would be a politica.
act 1t IL Unstable to regulate COM
mcrce or to impose a tax. In the
case OF political act the Judiciar,
must keep hands of. even though
the constitution has been violated. In
such an act as the initiative and
referendum only Congress could de-
termine that IL was unconstitutional
and take such steps as It might deem
necessary to correct the political
wrong. And IL Congress did moth
ing, nothing would be done. However
in the second sort OF cases. those
affecting the rights OF individuals or
groups. like rights OF liberty or o.
property, the judiciary Is the inter
prefer OF the Constitution.
Courts Could Not Intervene.
The redistricting of the State falling
under the head Of a political act the
courts OF the State could not inter
vene even though the act shall be
plainly in contravention Of the ex-
pressed terms of the Constitution. the
Legislature itself being the sole arbi-
ter of its act In this regard.
Two years hence II il not to be
doubted that the constitutional law.
yer from Hockbridge wifi lock horns
with the constitutional lawyer from
Fairfax and q great debate will take
place which will occupy seven or nine
days-And then the General Assem-
bly, wifi ga homie ,~itsfouts tIofng any,
thing because It did not have time
TO pass the measure.
No Extra Sessi0n.
Governor Mann will call no extra
session to deal with the matter. a. he
recognises the utter futility Of get
ting any measure passed by the Leg
islAture a. II In now constituted. TWO
years hence there win have been no
change In the Senate and political
considerations Will then BE- more in
evidence than at this time and. there
fC.nnfinned ON 9NNAnd n1GAl