Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1876-06-15
WHOLE NO. 1870.
The Apportionment- The Question
Getting TO by an Interesting
One.
From tho Portage Reristnrl

| me milwaukee tSehIlnTt does no
share our fears that there may b,
trouble and confusion in the election
of senators and assemblymen, mex
fall, owing to the uncertainty whether
the apportionment act of last wintei
is legal act or not. We have not
designed to leave to claim that the
act is invalid we have only pre-
sented the position the Democrats are
.. King that it is invalid, and that they
;ntan 1 to ignore tin other words
we have only sought to put Republic
ans on then guard,
The Sentine. thinks everything is
lovely, however, because Secretary
Doyie has intimated that be will be
governed in his action by the law. 1t
says:
Snow take the case Of Iowa County, for ex-
ample Under the previous apportionment u
constituted the ninth senatorial district. By
the act of the last legislature, It is added to
Rchland county to constitute the twenty
eighth senatorial district. Now there is no
vacancy this year in the senatorial district
having even numbers, because the senators
were chosen last fall and held over. Ac-
cordingy the secretary of state will not is
sue notice to the sheriff of Iowa county, and
the sheriff in return will not, and cannot law
fully if he would, issue notice to the town
clerks of the several towns. Hence no cleo
ton of senator can be held i'll that county,
and if any number ofpeople should vote Tor
senator, it would seem that the county cans
vassers could be enjoined from returning such
votes"
We must differ with the Sentinel a
little in the conclusion it reaches. 1t
is true that the law imposes certain
duties on the secretary OF state,
sheriffs, town clerks, &C., as to giving
notice of election, but it cannot be
possible that the electors hold their
franchises by any such frail tenure
as at the pleasure of the officers
named. The law says the electors OF
Milwaukee county may vote for presi-
dent, members of the assembly, &C.,
this fall, and reqaires the secretary
of the state, sheriff of the county, and
clerk and alderman of the city to
give notice to the fact. Now we
don't believe for moment that the
electors can be deprived of their
rights by the failure of either of these
officers TO discharge their ministerial
duties. or to mistake what these
duties are in the discharge of them.
If secretary Doyle should fail to give
notice that members of the assembly
are to be elected this fall, it cannot
be that thereby ne Legislature could
be elected, and the State of Wiscon-
sin would be resolved iHto chaos or
anarchy. and that Governor Luding-
ton would be governor over nothing
theneeforth. No; the people OF
Iowa county, and all other counties,
are not dependent on Secretary Doyle
at all for their rights, but they OBJ
tain them under the law and they
cannot be deprived of them. The
secretary Of tho state cannot give
or withhold from them any OF their
elective franchises.
The correct doctrine is I'M
doubtedly expressed in the following
paragraph, to be found is CooteyS
Constitutional Limitations:
but where both the time and the place of
an election are presented by law, every voter
has right to take notice of the law, and to
deposit his ballot at the time and place ap-
pointed, notwithstanding the officer whose
duty il is to give notice of the election, has
failed in that duty. The right to hold the
election, in such case, is derived from the law,
and not from the notice.
One word more and we will dismiss
this subject in the hope that there will
no occasion to return to it. We re-
Gently met Attorney.General Sloan
at Madison, and we proceed to in
terview him in due form as to his
opinion of the apportionment act.
MIR. Sloan informs US that it was his
desire, and it would be his advice to
his friends, to accept the new law at
the next election ; at the same time
he said if his official opinion should
be demanded he could not withhold
it, that the apportionment act was IN
valid and unconstitutional for more
reasons than one. He also referred
to what he had been informed was a
fact that the east ward of the village
of Randolph had no territorial con-
nection with the balance of the as
sembly district in which it was placed
by the apportionment act-but we
think he is mistaken in this.
He added that neither the Secretary
of State nor himself. as Attorney Gen
eral, would have any duty to perform
in deciding the validity of the act,
as it was probable that any question
arose it would be decided by the
courts before the legislature met,
We replied we did not see how it
could be got before the courts. ooh,
yes" he said, "easily enough. Take
nay county, for instance dodge.
Suppose they proceed to vote for
members of assembly under the old
law-and some of them insist that
they will do it-and then apply to the
court for mandamus compelling the
county canvassers TO canvass the votes
that will raise directly the ques-
ton" And so it will and Secretary
DOYLE will be fortified in certifying
up to the Legislature the list of men,
bers elect, with the opinion of Hon.
Davies J. Pulling, circuit Judge,
Now if we know what the opinion
would be, we could all see our way
clear. Can't we guess what it will
be ?.
Hon. Chas. A. Weisbrod, pfomi-
nent lawyer of Oshkosh, died on
r, r. Of. .ad Tctu.t n