Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1892-02-18
Arguments in the Gerrymander Case
Are Concluded and the Court
Adjourns Till Feb. %.
Ex-senator SpOOner Makes an Able and
Polished Argument for the
RelatOr.
Gen. Bragg FOrcibly Sets Forth Lack
OF JurisdictiOH-The Points
Made.

Arguments in the great suit to over
throw the apportionment law were made
in the supreme court, at Madison, Feb.
9 and TO-
Techn; aally this action is brought by
the attorney general in the name of the
state upon the relation of Adams county
and its district attorney and an elector
therein, to enjoin the secretary of state
from issuing election notices under the
legislative act of las winter on the ground
that that act is unconstitutional. The
particulars in which it is asserted that
statute violates the constitution, are:
/. 1t violates the requirement of sec
ton 3, article 4, of the constitution, that
the apportionment and re-districting Of
members Of the Legislature must be
according TO the number of inhabitants,
excluding Indians not taxed, and soldiers
and officers of the United States army and
navy"
2. 1t violates the requirement of sec
ton 4 of that article, that assembly dis
tricts are ''to be bounded by county,
precinct, town or ward lines, to consist of
contiguous territory, and be in as compact
form as practicable"
3. It violates the provision of section
8 of that article requiring senate dis
tricts to be composed "of convenient
contiguous territory and no as
sembly district shall be divided in the
formation of a senate district "
The respondent moved to dismiss the
complaint upon the following grounds:
|. The complaint states no fact show
ing the relation to have any interest in
the subject matter thereof which entities
him to standing in court to petition for
any relief
2. IL appears upon the face of the com
plant that the court has no jurisdiction Of
the subject matter thereof; and that its
recitals and dverments state no wrongs,
real or supposed, cognizable in a court of
law or equity.
3. That the complaint fails to show any
violation of the constitution in said chap
ter 49,, upon the federal enumeration of
population Of 1890.
Gen. Bragg.
1he opening argument was made by
Gen. E, s. Bragg, for the respondent. He
admitted that the questions involved were
grave, but that the action was not one
brought by the people Do political news
papers or disgrunted politicians represent
the sovereign people, or does the Iegisla-
tune represent the people? he asked.
Adams county was represented In the leg
islature as other parts of the state were and
had chance to be heard This action is
the entering wedge for the encroachmept
of one pant of the government upon an
other toward Capitalization of power
instead of Investigation. The party
invoking the jurisdiction of this court
must show some clear, we'll defined reason.
not some sentimental, political excuse
The right to challenge thu constitu-
tionaiity Of the law is on the complaint
only of one man who has sustained an in
jury either of property or rights We
must then turn to the declaration of rights
of the constitution for our starting point.
The usual cry of a violation OF personal
constitutional rights is idle vaporing or
the crafty voice of the demagogue.
The only object of this petition, the
speaker SAID, was to assist the republicans
to wear at their belts the scalps of demo.
cratic politicians and help the republicans
to power in which they can, as they hope,
save the union.
Gen. Bragg then REFER ed to the statis-
tics of Adams county and declared that
il is too small either for senate or
assembly district. The present appor-
tionment of the ninth district gives it a
republican majority, and thus we have
given Adams county to that party which
devotes itself to saving the union from
town meetin' time to election in Novem-
Der. He submitted that neither Adams
county, its district attorney nor people
have sustained any injury and that these
phases are the work of stranger whom
the supreme court should turn away from
its doors with rebuke for his presump.
ton.
If the plaintiff fails to show any inter
est in the case personally. any personal
injury or deprivation of right, then this
court cannot assume jurisdiction.
The Legislative power is supreme and
absolute upon all political questions and is
entirely independent of this court. The
Legislature can provide for members Of
this court, but this court cannot create one
member of assembly.
The constitution of Wisconsin is lin.
itation of powers upon the Legislative
branch of the government while it in.
vests the court with its rights. There
can not be found in the constitution any
power OF appeal from the political to the
judicial part of the state government
Had the trainers of the constitution
desired TO give the right of appeal tc
these judges how easily it could have
said so.
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