Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-08-13


within its boundaries at least three assem-
bly, districts, and as matter of necessity
one senatorial has four assembIydistricts.
This latter rises from the fact that there
are thirty three senatorial and 100 assem-
bly, districts.
The petition shows that the unit of rep
resentation in the assembly, az ! have al
ready stated, is 1868, and the unit Of
representation in the senate is 81 lit.
THE grievances set forth by the petit
toner is that be resides in the twenty
sixth senate district, which has a popula-
ton Of only A, 704 being 3.4l3 less than
the unit Of representation, that he lives in
and is an elector in an assembly district
having a population Of 1892, being 566
less than the unit Of representation in the
assembly So that it appears from the
petition his alleged individual grievance
is not bat be is deprived of any politica
rights or power, but that the act eonfers
upon him more political rights and
power than be j. constitutionally entitled
to.
"Inasmuch as the legislature did not adj
journ until July /, tho petition presented
to me on August must have been pre-
pared in considerable haste and without
that deliberate consideration that a ques-
tion Of this importance should command
am led to this conclusion from the fact
that the learned counsel whose names APP
pear on the petition as counsel presented
me no brief nor referred to any authori-
ties upon the questions herein involved
I'm the case of the State ex rel. Attor-
ney General vs. Cunningham, 81 N. w.
Report, Mr.. Justice orion, on page 726,
says; The matters therein contained
being exclusively pubico juris, the case
must be brought by the attorney on his
own relation, representing the whole state
and the people thereof And Mr.. Justice
Pipney, upon the same subject, on page
73l, says in substance thst it Is a matter
of public concern involving the rights and
liberties Of the people Of the state concern
ing matters strictly pubico iuris,
and in relation TO which no private person
can have or maintain an action and no
suit or proceeding can be maintained save
in the name Of the state prosecuted bv the
attorney general
"As understand this decision and the
various decisions Of this court, the respon-
sihiIity Of bringing or refusing TO bring
such sult does not rest upon a relator, but
upon the attorney general of the state. ] /
am not unmindful Of the magnitude of
this re possibility in view Of the rule Of
law that it is the duty q courts to con
strue, if possible, every act Of the legisla--
ture as constitutional, and the duty Of
public officers TO mother attack, set a. ide
nor disregard any act Of the Legislature,
unless it be clearly in violation of son,
express provision Of the fundamental Law
Of the state.
with these elementary principles in
view, and in order that might Gtdnely
discharge this responsibility in a manner
due to the position / hold and the state a.
large, | have given to this act as uuch
consideration as possibly could since the
FIRST day Of August, in correction with
other duties which could not postpone or
deter.
Il am especially anxious in this matter
% do my full duty That duty, as under
stand it, may consi5. with equal propriety
in refusing to bring suit in my oHCjll
capacity as it may in bringing it.
II have no desire IN this, nor any other /
matter which may come to my office, 8
shrink from any responsibilities which
my position imposes upon me Neither
do / think il proper that should incon-
siderate'y or without thorough examina
ton commence an action to anj5ia fellow
officer IN The performance OF q duty which
The law making power has imposed upon
hlm.
When determine upon a full InFesh
CATION Of what my action ought to be, /
shall undertake il without hesitation If
shall determine that suit ought to be
brought, it is my desire to do SO with full
understanding Of the matters Involved.
Ii my investigation shall lead me to the
couclusio uthat suit ought not to be
commenced in the name Of the attorney
general, il is due to myself that ! should
have full opportunity .of stating my rea-
sons therefor
White do not eoncede the right Of
any private citizen in Meter Of purely
public concern to limit the time Of the
attorney general of the state within
which TO ule his information, nor to
force him to abandon other pressing du-
ties in order to fla the information, nor