, 1890-09-04
THE eovEnNoR's MESSAGE.
A Now ApporttonmentL Law Demanded
by the Coustit ution.

A New Apporttonment Law Demanded
by the Coustit ution.
Gentlemen of the Senate and House of
representatives:
No legislative apportionment bill hay
ing been enacted at your first session,
the imperative and unavoidable duty
devolved upon rue to convene you in
extraordinary session to enable you to
consider and take action upon this SUBJ
ject. After q careful examination of the
various provisions of the constitution
bearing upon the question, arrived at
the conclusion that without . new ap-
portionment and the creation of single
material districts no senators could
constitutionaily be elected at the gen
eral election to be held in this state on
the 4th day of November next. BY
section l, of article 22, of the constitu-
tion, the state was divided into twenty
four senatorial districts in which thirty
five senators were to be elected. This
section declared that the apportionment
thus made should continue until other
wise provided by law. The question
has been asked, "Why can not senators be
elected under this constitutional ap-
portionment until the legislation shall
enact an apportionment law?" II this
was the only provision in the constitu-
tion referring to this matter no question
could arise, and the constitutional APP
portionment would continue until
changed by the legislature, bat there is
another provision binding upon every
eleotor in this state, whic b must be fol-
lowed and obeyed. This is a section OF
article 2, which is as follows: AFTER
the first election the senators shall be
elected by single districts OF
convenient and contiguous ter
ritory, at the same time and in the
same manner as members of the house
of representatives are required to be
elected, and no representative district
shall be divided in the formation of a
senatorial district. They shall be elected
for u term of four years, one-half oi
their number retiring every two years.
The senatorial districts shall be num-
bered consecutively, and the senators
chosen Mt the first election had by vir-
tue Of this constitution in the odd num-
bered districts shall go out of office al
the end of the first year, and the sena-
tors elected in the even numbered dis
tricts shall go out of office at the end o
the third year.
Tho words "first election, used An
,,is s.o,ior bay. haan .,rnod nv
."'S -. ~, I.. ~
sone W Ie'er 70 'he e'eonoii W oe heio
on the 4th day OF November next, aho
not to the election which occurred Octo-
ber l, 1889. This construction Is no
sound. The language is. .The first cleo.
IT,, "a h, vir,ra -, ,h;s ,ons,;,,
',on ''"u W ''u' W WIS 'N
uon.
The election on the LIST DAY o
} October last was held "by virtue OF th'
constitution" The time and manne
, NJ hoIdi,g tbs election and tho officer
- H. ,,,,s,.d 49,. a.or,,,.d h, a.,
w oe e'ee''u no,e P,ese'.vVu ~ ~"
constitution. Although heid peiore TN
admission Of the state IT was practicali,
/, n state election, at which all the officer
of the state government and q membe
of congress were elected.
In addition to this, sections
Is, and IA, of article %
of the constitution, clearly re
! ferred 10 the election held DC
tober l, 1880 as the first election by vir
tue of the constitution. At that election
thirty-iiye senators were elected in tn
, twenty. four districts prescribed In tn
a constitution. Eighteen senators wer
elected in the odd numbered districts
p and seventeen senators were elected II
the even numbered districts. IL Is pro