Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-03-25
County Lines, 1t says, Cannot be
Divided 10 Forming Assembly
Districts.
There Must, if is Also Held, be Sub
stantiaI Equality of Rep
resentatiOn.


In the case Of the state Of Wisconsin
upon .ao relation Of Adams county and S.
W. Pierce, district attorney thereof, and
an eJector therein, plaintiff, versus Tnos.
j. Cunningham, secretary Of state de
PENDANT, the Wisconsin supreme court
Tuesday gave d verdict for the plaintiff
In popular language this is the famous
gerrymanjer sqit wai.b vas brought for
the purpose Of having the apportionmeot
act Of 1891 declared unconstitutional. BIZ
suggestion Of the supreme court the action
was brought IN the name of the
state, and technically speaking was
for th purpose of eDjoining the secretary
of state from publishing notices of eIac-
ton Of members Of the Legislature in Ger.
tain districts created by the law Of 1891.
1t was brought upon the theory that chap
ter 49, is uncons t1tutionaI and furnishes
no warrant for describing legislative dis
tricta created thereby. Tee particulars
in which it was asserted by the reIator
that the statute violates the constitution
we're:
l. It violates the requirement of the
constitution that the apportionment and
redlstriCting Of members Of the lcgisia u7e
must be according to the number Of In
habItaDts, excluding Indians not taxed
and soldiers and officers Of the United
State army and navy"
q Il violates the requirement that as
semhiy districts are go be b0dndad by
cour - or town or ward lines to consist OF
contiguous territory and be "a as compact
form AS practicable.
3. II violates the provisions requiring
senate districts to be composed of s'cOn-
vermont contiguous territory, and no as
sembIY district shall be divided ia the
The raspon egt moved to dismiss The
computation those reasons:
1. The complaint states no facts show
ing the reiator to have any interest in the
subjec5 matter thereof which entities him
to standing In court to petition for a re-
lief from grievances, real or supposed.
2. II appears upon the face Of the com
plant that the court has no jurisdiction of
the subject after thereof, and That its re
cltal states no wrongs. real or supposed
cogrlzl bic in court of law or equity.
3. That the complaint fails to show any
violation of the constitution of Wisconsin
In the act apportioning the member, of
the legislature upon the federal enumera-
tlon of population Of 1890.
The court, composed of three demo
Gratis ano two republicans, was unanimous
in its ruling Two concurrent opinions
were handed down-one by Chief Justice
Lyon, who especially devoted himself to
the violence done the constitution by the
act in the matter Of the division of county
lines IN the formation of assembly dis
trlcts, and the other by Justice Orton, who
traversed the whole question at issue.
A tajrd opinion, also concurrent,
is soon to be fled by Justice
Pnney. 1t will cover the jurisdictionaI
phaso The opinions are very sweeping
and will create interest throughout the
entire union. There is no appeal from
them, and one of two things is
certain either the governor will call an
extra session OF the legislature for the pur-
pose Of enac'ing another apportionment
law on the lines laid down by the supreme
court or the fail election for members Of
the legislature will be held under the ap-
pordonment act of 1887 which was repealed
BY the act Of 1891, now declared void. An
extra session is certainty, and it will
probably DC called within a month or six
weeks, before the busy spring season
opens.