The Grange advance. [volume] (Red Wing, Minn.) 1873-1877, 1876-01-12

sg.J~;f ? sw1scoNslN vs.. DULUTH.
In my last message called the attention Of
Supreme. Court Of the United States. by the !.
State Of Wisconsin against the city 81 Duluth,
by which it is sought to obtain decree Of that
tribunal enjoining the defendant from keeping
open and requiring it to fill up the ship canal
across Minnesota Point .t.5.VF
posed by the city and was overruled by the
court without prejudice to the right o. the
city to insist in its answer or upon the final
hearing upon the questions raised by the de-
murrer. It will be observed that the order by
which the demurrer was Overruled was mere
" formal. and that no substantial right Of the
defendant is prejudiced by it. An answer has
therefore been interposed which seems to
present all the matters of defense. The Su-
preme Court has ordered testimony to be
taken in the case. ~t
l am advised by counsel, and such is my
own opinion after a careful examination of the
questions OF fact and law involved, that the
grounds Of defense by the city OF Duluth are
ample and perfect.
1t is certainly to be regretted that two States
which have hitherto been so friendly in all
their relations. and whose general interests
are so nearly identical, should be involved in
any litigation. Concerning the particular sub.
ject involved there Is no tact or circumstance,
either OF natural or acquired advantage, which
whose interests are especially the subject OF
the controversy, dependent upon the injury of
the other. The federal government has hith-
erto appropriated money for the improvement
of both harbors. The litigation may result in
the suspension OF appropriations until judi
cial determination OF the suit is reached. If
the litigation can be amicably d ter1nined, the
joint claims OF the States for liberal expendi-
lures upon the great harbor- SO providentialiy
formed ut the head of Lake Superior will doubt
less be productive of most liberal action. 1t is
suggested that committee be appointed to
confer with the authorities of Wisconsin to
the end that our interests and those OF that
State may be made harmonious.
THE NEW LEGISLATIVE APPoRr1oNMENT
1t is provided by section % OF article of the
constitution that the legislature shall provide
in the middle year of each decade, and that at
the first session after each enumeration the
legislature shall have the power to prescribe
the bounds of congressional, senatorial and
req resentative districts, and to apportion anew
the senators and representatives among the
several districts according to the provisions of
section two of said article.
The census was taken during the year
1875, giving 597, 278 as the population of the
State.
The object OF the constitutional provision by
which census is required is to provide quail
ity Of representation throughout the State
on the, basis Of population, and to
years, during the. lapse of which regions
heretofore unsettled became populous. It has
been thought that the power Of the legislature
is q discretionary one, and reading section %
Of this article alone there is some warrant for
this construction. l suggest, however, that
this view is not correct. 1t is principle of
legal con <truc:ion that all parts Of an instru-
given, if possible, to every provision which it
contains. Keeping this rule in view, it will be
found that section % provides that the legis-
lature shall have the power to make the ap-
portionment according to the provisions of the
second section OF article VIII Of the constitu-
ton. Now the second section of article VIII
prescribes that the number of members of the
representation Of the Senate shall never
exceed one member for every five thous-
and inhabitants, and in the house
one member for every two thousand inhab-
itants, and that the representation in both
houses shall be apportioned equally through
portion to the population thereof 1t will be
perceived that the Language OF this section is
imperative. It is prescribed in section % on
what years the legislature shall have the
power to make operative the right conferred
by section of equal representation. It must
be done at the first session after the census is
taken. If not done at that session it cannot Ike
done until the next enumeration in 1850. The
census is taken at great expense for this pur-
pose solely, and the legislature cannot decline
to make the apportionment except by denying
to the new counties the rights which section
was intended to & i've them.
RELIEF OF DESTITUTE SETTLERS.
BY act of the Legislature approved March 5,
1875, the sum of 81, 900 was appropriated for
the purchase of seed grain to be donated to
the destitute settlers of several of the FROM
tier counties which were devastated by grass
hoppers in 1874, and the Governor was au-
th0rized to appoint three commissioners, who
by the terms Of the statute were invested with
the full care, management and disbursement
of the fund.
Iappointed as Commissioners Gen. R. W.
Johnson, DR.. David Day and VIM. Lindeke,
Esq, ofSt. Paul, who at once addressed them
of their duties by sending circular letters to
many persons, and by personal inspection Of
most OF the counties needing relief, Involving
over one thousand miles of travel. It was
found that the object OF the statute could be
efectually accomplished with $50, 900, and &C.
cordingly the Commissioners, with the con-
currence ofthe State Auditor, the State Treas
sion of that sum only, thus effecting at the
outset saving of SET, 600 to the State.
They expended $49, 1881 a., and purchased at
most favorable prices, obtaining in many in
stances liberal concessions, 48 bushels OF beans.
586 bushels of potatoes, 81 bushels of peas.
2, 100 bushels Of oats and 46.764K bushels Of
wheat, all of which was distributed SO eouita-
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