The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1875-05-13
ST. PAUL, MINNESOTA THURSDAY MAY 13. 1875.

:
Very Interessing Reading-An Able
Opinfen from the Attorney General
On the Question of the Legislative
District i'm which the People Vote
He Affirms the Position of the Anti.
Monopolist.
ATTORNEY GENERALS OFF1cE.
ST.. PAUL, May Sd, 1875.
Hon. Ignatius Dennelly:
DEAR SIR: am in receipt of your
favor ofrecent date, in which you request
my opinion upon the question, as to
where the inhabitants Of that portion Of
West Saint Paul detached from Dakota
county and annexed to Ramsey county
by the act of 1874, will vote at the en-
suing general election, to wit, in the
twentieth Senatorial district or in Ram
sey county!
In your communicates you refer to
section %, article 4 Of the constitution,
which requires that 'sthe Legislature
shall provide by law for an enumeration
of the inhabitants of this State in the
year 1855, and every tenth year there
after; and that at the first session after
each enumeration so made; and also at
the first session after each enumeration
made by the authority of the United
States, the Legislature shall have the
power to prescribe the bounds Of Con-
gressional, Senatorial, and Represents
tive districts, and to apportion anew the
Senators and Representatives among
the several districts. according to the
provisions of section second Of this
article"
Section 2 of article 4, provides that the
representatives Of both houses shall be
apportioned equally throughout the diff
fcrent sections of the State in proportion
to the population thereof.
In 1871, the Legislature redistricted
the State and apport.onsd the Senator'S
and Representatives among the several
districts-upon the basis Of the enumera-
ton made by the authority of the United
States in the year 1870. Under the last
named act the twentieth senatorial and
representative district was composed of
Dakota county and entitled to elect one
Senator and five Representatives.: and
Ramsey county, as then bounded. COM
posed the twenty-third and twenty fourth
districts.
Sec. 3, Of the same act, provides, that
in the event Of any change in the county
and township lines. e6ectinz the districts
provided in section two, the senatorial
and representative districts, should not
be effected thereby.
| We are bound to presume that the act
of 1874, enlarging the boundaries Of
Ramsey county, was passed by the Leg.
islature with full knowledge of the con-
neutrality-suspicious. referred. to and of.ex-
listing legislation, enacted in pursuance oi
those provisions; and hence, when, in
the first section Of the act Of 1874. the
territory detached from Dakota county
is declared to be annexed to the county
Of Ramsey ''for all purposes whatsoever
the last expression must be construed
to mean for all purposes-other than
those incident to the election Of Senators
and Representatives and members ol
Congress.
This qualification is necessary in order
to preserve the integrity of the act. II
it be insisted that the words referred tc
shall be interpreted literally, and that
the subsequent section of the same act
repeating all acts and parts Of acts incon.
sistent Herewith, had the effect to repeal
section three Of the apportionment act o1
1871, would not the whole act be invalid
because Of its repugnance te
the constitutional provisions quoted!
The representation in both houses shall
be appertioned equally throughout the
State in proportion to the population
and in order 70 comply with the pro
visions Of the constitution it further pro.
vides for the enumeration Of the inhab.
litants Of the State and then declares that
the Legislature at ifs first sessioH aftel
such enumeration-or after IN enumera
ton made BY the authority Of the United
Statss-shoA Roce the posoer to prescribe
the bounds Of Congressional, Senaterial
and Representative distaicts, and to make
| . new apportionmeat.
While in our constitution there 10 NO
expreo prohibition upon the exercise ol
this power BY tho Legislaturs, At any
other tine-as i the eaae n the State o,
New York--yet il i evidently ..
clearly inPlisds - thoegh th,
very language Of the New York con
|stitation. ate-vit: 'Athe appes7samen,
sd districts 50 to he made shal
main unalt9ed until another euumssa
tim shall b taken,' &c.. usrss inssspo
Irated therein. The expseana unuaioa q
one thing inqlies the excaenien ef anotAss
lis maxiq q nterpGetatioa that nay b
implied n th1 case.
While tAo gonHal zanth0eiky Of Ii
lIA~islafurn IN Alter Tia houndnrv Hnae :