The record-union., 1891-02-11


passed by the Legislature at this session.
which provided or had the effect to
shorten the term of office of either Sem
ator or Assemblyman, would to that ex-
tent be unconstitutional and void
Third-Thst reapportionment in ac-
cordance with the provisions of the Con-
stitution of the State, on the basis of the
Federal census OF 1880, is a part of the
machinery provided for future elections.
and cannot affect any elections had in the
past, SO far as applies to officers whose
term is created and fixed by the Consti-
tuition.
Fourth-If the foregoing is not the law
then the result must follow that a reap
porticnment at any time would have the
effect TO leglslate out one-haif OF the mem
berS OF the Senate. You can therefore
readily see that at no time could the Leg
lslature make reapportionment without
affecting either one set of Senators or the
other, and the construction which [ have
given to the Constitution seems to me to
be the only plain and sensible construc-
ton that can be given.
Fifth. The object of the trainers of the
Constitution in providing that one-half OF
the Senators should hold over. was that
Ihe Senate of the next session should
have the benefit OF the experience, intel
ligence and wisdom of the hold-over
Senators, whose legislative acumen had
been perfected by the experience OF the
previous session of the Senate; and to
place the Senate in such position that
the term OF one-half of the members
should expire every two years, so that
no public wave of idea with ill-founded
political judgment and economy should
give control of both branches of the Leg
lSlature at one and the same time, and
thereby cause the passage of hasty and
lll-advised Avs and appropriations.
Sixth-There is no doabt that ON re-
apportionment the territory OF which the
even-numbered districts are now COM
posed will be somewhat or entirely
changed; a part OF some of the odd
numbered districts included in the
numbered districts, and part
of some OF the evcn-numbered dis
tricts included in the odd-num-
bered districts; but in that event the
Senators elected in 1880 in the even-num-
bered districts will hold their office as
Senators for four years from the time
aforesaid mentioned, and during said
term they will represent the even-num-
bered district for which they acere
elected, Irrespective as TO what territory
the same may be made up of under the
reapportionment. They viii represent in
the Senate after the reapportionment the
same numbered district for which they
were elected.
that by this arrangement portion of the
persons who are now in the odd-num-
bered districts Will be prevented from
voting for Senators at the next general
elections; but in place of those persons
others who are now in the eeven-numbered
districts, who may be placed in the odd
numbered districts by reapportionment,
viii have the privilege of voting at the
next general election for Senators in the
odd-numbered districts, if their residences
should come within said districts. There
fore, persons who are now in the odd
numbered districts, and who may be
placed in the even-numbered districts,
and thereby lose their vote in the odd
numberd districts at the next general
election, will be replaced, from political
standpoint, by as many persons in the
eyen-numbered districts, who voted
at tie last election, taking their
place at the next general election.
That is to say the term of an Office can
not be limited or extended from the fact
that some men or voters who failed to
vote as early rs they might have done. or
as late as they might have done, in the
event reapportionment is made. As q
matter of fact all political powers, so
far as this State is concerned, are vested
in the people, and they could by their
Constitution have provided for the
appointment OF Senators instead of
electing them. And that by inserting
the provisions fixing the term of the
Senators, and provide for reapportion-
ment in the manner specified, had the
effect of preventing certain portions Of
the citizens OF the State from voting car
lier or later than they would have done if
reapportionment had not been made.
This is therefore legal. You can readily
see that the final result OF reapportion-
ment is to equaliZe political strength of
q N los ,n
ton absolutely fixes the number of dis
trictS in the State at forty, the result will
follow that Senators who were elected at
the general election of 1890, will still Fep-
resent the even-nuElbered districts until
the close Of their term.
Eighth-It has never been held that the
reapportionment of Congressional Dis
tricts had the effect to legisiate a Con-
gresham out OF office. l well remember
that the State OF Iowa at one time was
entitled to but six congressman; that the
State was reapportioned and it was found
the districts had increased to nine but
the State continued to be represented
only by the six congressman until the
succeeding election. 1t is seen that al
though the districts were increased. the
SIX congressman were as much the rep
resentativeS of the nine districts which
represented the State, as they were of the
six districts which represented the same
State. may be said that in reapportioning
tie districts, a person who is now Sena-
tor from an even-numbered district, NAV
have his residence left out of the num-
bered district for which he was elected.
Ny reply to this is, it will make no differ
ence; that the Constitution does not pro-
vide that he shall lose his position by fail
ing to reside in the same numbered dis
trict for which he was elected, provided
that his residence is the same as it was
when he was elected.
Ninth would suggest. that in reappor-
tioning the State, your honorable body
fix in the bill a provision to the erect that
an election take place in the odd-nurn-
bered districts at the general election of
1892, and every four years thereafter, and
in the even-numbered districts at the
general election in 1894, and every four
years thereafter
Tenth-InInaking the reapportionment
i desireto call your attention to q clause in
Section Is, Article " of the Constitution.
which provides, in making up new dis
tricts, as follows: Nor shall part of any
county, or of any city and county, be
united with any other county, or city and
county, in forming any district" Yours
respectfully, W. II. II. HART,
Attorney-General.