St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-01-24
The Grounds Upon Which a
Protest is Made Against
Wilson's Election.
A Cash Deficit of 1915, 900
Discovered on the Manitoba
Provincial Books.
W. P. Moffatt, Proprietor of
the Dakota Settler, Bru-
tally Assaulted.
An Interesting Session of the
Farmers Institute at
Northfield.
Special to the Globe.

Special to the Globe.
DEs MONIES, To-, Jan. 23.-The pro-
test of the Democrats in the Iowa legiS-
lature against the election of James F.
Wilson to the United States senate
Wednesday last has brought to the front
the gravest question that could possibly
come before a legislative body. An
alyzed to its final consequences, it is
simply the question whether or not Iowa
has, at this time, any such body as
legislature. The Democrats do not put
this question, but they raise it. They
do this by their protest against the dec
laration of the election of Wilson OH the
ground that the legislature is not le-
gally constituted. Or, i'll other words,
that the act creating the present SEN
atorial and representative districts is
wholly unconstitutional.
Section "a of article 3 of the funda-
mental law of the state declares that
1.-The senate shall not consist of more
than fifty members, nor the house of
representatives of more than 100: and
they shall be appOrtiOned among the
several counties and representative dis
tricts of the state according to the nnm-
Der of inhabitants in each, upon ratios
to be fixed by law; each district shall
be entitled to at least one representa-
tive. Every county and district which
shall have a number of inhabitants
equal to one-half of the ratio fixed by
law shall be entitled TO one representa-
tive: and any one county containing in
addition to the ratio fixed by law one
half of that number, or more. shall be
entitled to one additional representa-
tive"
THE CONSTITUTION ALSO DECLARES
that the enumeration upon which repre-
SentatiOn shall be based shall be the
United States census and the state cen
SuS, which is by law taken five years
after the federal enumeration. When
the legislature met two years ago that
body was confronted with the duty of
making new appOrtiOnment of the state
into legislative districts. The public
sentiment of the people had been gradu-
ally but surely undergoing change
since the Republican party'S espOusal
of the cause of prohibition, and one of
the problems that presented itself to the
Republican members of the legislature
was how to redistrict the state and yet
leave the legislature safe and certain
for their party. The representative bill
introduced into the house fixed the
ratio of representation at 24,000, and
under the constitution no district could
be legally constituted with less than
half that number. But the section of
the fundamental law was studiOusly
ignored, and sixteen districts with less
than the required number were made
out of the sparsely settled but Repub-
lican counties of Northwestern Iowa.
On the other hand, the pOpulOuS but
Democratic counties of Lee, Des MOineS,
WapellO, Johnson and others were each
deprived of a member and given but one
representative, when previously they
had been entitled to two. In the house
the natural ratio would have been 49,
600, which is about the One-hundreth
part of the population, there bing 100
representatives. But this would have
elected Democratic legislature. Hence
a ratio was chosen which would be as
favorable as possible to the Republicans.
But this
PIECE OF PARTISAN LEGISLATION
was even surpassed by blunder in the
senate that seems almost without par
ellel in modern legislation, for the SEN
ate fixed no ratio at all. This is the first
time in the passage of an apportiOnment
bill in Iowa that the ratio of representa-
ton was omitted. When Senator BOlter
recited these facts in his formidable
protest the Republican statesmen were
greatly surprised at their negligence.
In the midst of their CONSERVATION they
forgot to object to the protest attacking
the legality of the body in which they
were sitting and it went upon the rec
ord in each house along with the ballot
for United States senator. In the Joint
convention the following day, after the
vote of both houses had been counted,
Senator BOlter again offered his dOcu-
ment, and asked its incorporation in the
record, which he had clearly constitu-
tional right to do, but Lieut.. Gov. Hull
ruled it out of order, and thus, by all ar
bitrary act. his plan was thwarted. 1t
makes little difference. however, as it is
on record in each house in connection
with the vote for senator.
Should the United States senate in
1889 be Democratic, Senator Wilson's
seat will, no doubt, be contested upon
the showing made in this protest. That
body would then be called upon to de-
eide an important point, which it is al
most Impossible to raise before court
in Iowa. Lawyers generally maintain.
however, that if the question is once
raised there is little doubt the courts
would decide that it is against publs
policy to disturb the acts of de factc
legislative body. The United Stateo
senate, SO far as the election of Senator
Wilson is concerned, might decide diff
ferently.