The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-07-23
Does HllnoSlsy Representation Obealn
1hla Ealll

shis Fail.
Considerable difference of opinion is manifest.
Cd in relstiou to the question whether the dis
trsts to Be formed for the election of representa-
tives to the Legislature which assemble, in
January next, are to be triune DISTRICTS, slscting
three representatives each, under section seven
OF the legislative article in the new cons,itu.
ton, providing that each slector may cast three
votes for one representative, or distribute three
votes a he pleases between three candidates, or
whether they are to be single districts. each
elscting one candidate by a plurality vote.
If the various sections of the constitution and
schedule relating to this question are carefully
collatsd, think there can be no doubt as to
the conclusion. First, The article separately
submitted and adopted, entitled Minority Rep.
resentation," dispaces and itself take, the place
Of sections and s of Article ", the legisla.
tive article AS printed in the body of the con.
stitu.on, and therefore, by the express terms of
the constitution, becomes the supre me law of the
land on the Sth of August next, unless there is
some plain provision ppstpOniny its operative
effect beyond that period. To determine whether
there is any such provision, let Us colate all the
other sections relating to this question, including
aquotation OF SAID section the minority repre-
sentation) in full
Section six, of said Article ", the legislative
article, Is as follows
SEC y. The General Assembly shall appor.
ton the state every ten years, beginning with
the year one thousand eight hundred and seven.
ty-one, by dividing the population of the state,
as ascertained by the federal census, by the
number hfty-one, and the quotient shall be the
ratio of representation in the Senate. The state
shall be divided into fty-one senatorial districts
each OF which shall elect one senator, whose
term Of Office shall be four years The senators
elected in the year of our Lord one thousand
eight hundred and seventy-two in district. bear
ing odd numbers shall vacate their offices at the
end OF two years, and those elected in districts
bearing even numbers at he end of four wears:
and vacancies occurring by the expiration of term
shall be filled by the election Of senators for the
full term. Senatorial districts shall be formed
OF contiguous and compact territory, bounded by
county lines, aud contain nearly as practica-
BILE an equal number OF inhabitants; but no dis.
trict shall contain less than fourth-ttths Of the
senatorial ratio. Counties containing not les,
than the ratio and three-fourth. may be divided
into separate districts, and shall be entitled 10
TWO senator's, and TO one additional senator for
each number Of Inhabitants equal to the ratio,
contained by such counties in excess OF twice
the number OF said ratio
The aforesaid section seven immediately fol
lows, and is in these words
SEC. T. The House Of Representatives shall
consist OF three time, the number of the mem.
oers OF the Senate, and the term Of Office shall be
two years. Three represent atives shall be elect.
ed in each senatorial district a. the general
election IN the year of our Lord 1872 and every
two years thereafter In all elections of repre-
sentatives aforesaid, each qualified voter may
cast rs many votes for one candidate as there are
representatives to be elected, or may distribute
the same, or equal parts thereof, among the can.
didates, as he shall see TIT, and the candidates
highest in votes shall be declared elected
Now if these two sections stood alone, it is
plain that neither Of them could % into effect
until 1872. There would. in tina. case, be no
provision whatever for the composition OF either
the Senate or the House until that time. For
the presen. constitution will stand repealed in
toto on the Sth of August. II Is not a suppose
bic case that the convention int nded to leave
the State of Illinois without an organic law,
House for the long period between the Sth of
August 1870 ana the frs, Monday of January
1872. And in fact they have not been guilty of
this omission. for they have provided in respect
10 the Senate, by section ii of the SCHEDULE,
that until the state is districted by the General
Assembly in 1872, the senate at its first session
shall be composed of FIFTY members, instead of
tyone AS it will be after 1872, and tina. j, shall
DO composed of two senator's from every present
district, the term of whose senator expires in
in January 1871, and one senator, together with
the senator now in Office, from the residue of the
present senatorial districts This will make the
fifty senators. And now, the convention having
provided for the elevation of the Senate from
twenty-five, its present number to fifty until
1872, it would be strange indeed if they had
Representatives accordingly; and, in fact, the
convention have provided just as clearly and ex.
plicitly for raising the composition of the House
to three times the numbers Of the Senate that
is to say, to one hundred and fifty members from
the Sth of August 1870 to January 1872, as they
have for raising the membership of the Senate to
fifty until that period, and fifty-one afterwards,
and the House to 1913 after January 1873; for
section thirteen of the SCHEDULE provides that
Immediately after the adoption of this consti.
tuition the Governor and Secretary Of State shall
proceed to ascertain and fix the apportioument
Of the state for members of the frs. House Of
Representatives under this constitution" 1t
shall be based On the census of 1870, "aad Shau
he Mdtle strictly IN accordance trM the rites and