St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-08-02
THE STATE SENATORS
Will Not Have to Be Chosen
at the November Elec-
ton.
A Determined Effort to Break
Up a Dispeputable
Resort.
Minnesota Democrats Privi-
legged to Use Representa-
tive Riee'S Name.
Archbishop Ireland Helps a
Church With His Pres
enee and Purse.

Some time ago Secretary of State
Mattson made inquiry of the attorney
general whether in giving notice of the
approaching election state senators
should be included. In answer to this
inquiry. the attorney general writes as
follows:
lowing to the terms of section "a of
articles 4 of Minnesota'S constitution,
Which requires new election of the
senators at the election of represent
atives next succeeding each new APP
portionment provided for in said article
4, 1T is urged that inasmuch as an emu
meration was made in 1885, and an APP
portionment could have been made
In 1887, and provisions having
been made for such apportionment,
that a new election must be had"
After citing at length the several con-
Stltutlonal provisions bearing on this
point, the attorney general concludes:
In other words, in order that the state
may be equally apportioned, as required
by section 2, the legislature shall have
power to make an apportionment at
each session succeeding the enumera-
ton. Whether an appOrtionment is
necessary OF not is plainly left to the
DISCRETION OF TUE LEGISLATURE.
HAD it been contemplated that an
apportionment should be made every
five years without any reference to con-
dltiOnS and circumstances, 1t would have
been very easy to have used language
indicating such purpose. While the
state is growing as rapidly as it Is
now, it may be that the illustration
above used would not be borne out by
the facts; still it might be
possible that during a term of FIVE
years no such relative change of popu-
lation would occur requiring reap
portionment; and, it is very clear that
it was left with the legislature to de-
termine whether an apportionment
should be made or not. They are en-
powered to appOrtiOn the districts ac-
cordlng to the provisions of section 2.
1t follows then that the constitution
does not provide for an apportionment
every five years regardless of change of
population. and the terms of section "a.
next succeeding each new apportiOn-
ment provided for in this article,' must
be held to apply to the apportionment
itself, and, no appOrtionment having
been made in 1887, it cannot be said
that the approaching election is an
election next succeeding
NEW APPORTIONMENT.
"Had it been intended there should
be an entire new election of senators
succeeding the first session of the legis-
lature after each enumeration, we
should have been able to discover such
intention either from the language used
in section "a or from the provisions of
the constitution construed together, but
the language of section "a adj
mits of no such construction, and the
provisions of the constitution relating
to the subject of apportionment admit
of but one construction, namely: That
an apportionment may be made follow
ing each enumeration, if the legislature
shall deem it necessary to make such
appOrtionment, in order that the pro-
visions of section 2 requiring an equal
apportionment be complied with.
Il am constrained to advise you,
therefore, that it will be unnecessary
for you to give any notice for the cleo
ton of state senators at the approach
ing election"