The Superior times. [volume] (Superior, Wis.) 1870-1912, 1892-03-26
THE OPINION or The COURT.
Decision Declaring the Gerrymnnder as
Illegal.

ThE OPINION OF The COURT
Decision Declaring the Gerrymnnder Act
Illegal.
The opinion, read by Chief Justice
Lyon, is as follows:
/. The motion to dismiss the informa-
ton or complaint performs the func-
tions of and in substance and legal ef-
Will be SO treated.
2. The action as by The attornev-gen-
eral in behalf of the state, in matter
pubtict jtriS. 1t may be maintained to
enforce the public or common tight
without the Intervention of private
relator. If there he such intervention,
it does not affect the enforcement of the
public right.
>. The threatened official act ofthe sec
retary Of state, to-wit; The issuing and
publishing of notices of the election OF
members of the legislature under Chap
ter 49,, Laws of 1891, which IS here
sought to be restrained, is purely min
isterial. In all such matters this
court has jurisdiction to control
either by mandamus or injunction, as
the eXigencies Of the case may require,
the official conduct of the secretary.
II cannot be determined whether the
Injunction PRAYED for should be refused
or granted without first determining 9
whether Chapter iS2 is or is not a valid
law. Hence the Court has jurisdiction
to determine the question of the valid
ity of Chapter 49, and 10 grant or re-
fuse the Injunction accordingly.
/. Section I, Article ". OF the consti-
tuition ordains that Assembly districts
shall be bounded by county, precinct,
town or ward lines" The term pre-
cinct'' has ceased to be significant. The
above provision makes the county
the primary territorial unit oi
representation in the Assembly,
and prohibits the dismemhermen'
Of counties in the formation Of Assembly
| districts. Since no Assembly dlstrlc,
| can lawfully be formed which includes
| territory intwo or more counties, unless
| the v hole Of such counties are included
| therein, so that the district is bounded
| entirely by county lines, a constitu'
tionol Assembly district cannot be
formed which includes within its limits
fractions of two or more counties or one
county and fraction OF another
county, for in either case the Integrity
of county lines would be violated and a
county dismembered. Chapter 4S2,
Laws Of 1891, attempts thus TO dismem-
L nj
). Section 3, Article N, of the con-
stitution, provides that legislative dis
tricts shall be formed ant members OF
the two branches Of the legislature ap-
portioned according to the number
of inhabitants, because the county Is
the primary territorial unit IN the for
nation OF Assembly districts, and mem
hcrs Of Assembly mus first be appor-
toned 10 counties or TO single
districts containing two or more
counties, the above provision of Section
=. Article N. as applied to the iorma-
ton Of Assembly districts, means, p:l-
nariiv, that there must be substantial
equality Of representation, IN proper
ton 10 population as between all the diff
frrrut counties and districts containing
two or more counties. That Is 20 say
there must be no material and unnec-
essary inequality III the proportionate
representation in the Assembly
Of counties and such districts
on the basis of population
Each county and each such district hay.
Ing population equal to the numerical
unit Of representation in the Assembly
alleged to be Ii, ,SjSJ is entitled abso,
Iutely to one member of Assembly un-
less il is found necessary 10 attach to
such county IN the foundation OF an As
semblv district county having less than
the numerical unit of Representations
For each multiple of such numerical
unit reached by the population OF any
county such county is also absolutely en-
titled toan additional! member o: Assem-
bly,. The remainder Of the 100 members
of Assembly not thus absolutely appor'
toned should be apportioned, or
some uniform equitable rule, TO an
equal number OF the several
counties probably to the counties hay
ing The largest fractions Of population II
excess Of such numerical unit OF
multiple thereof Chapter 4S2. Laws
Of I~gi. violates the foregoing rule.
For example, il gives .aCrosse Coun'
". with IS. sol inhabitants, but one
member Of Assembly. while II gives
Nani+owoc County, with 3I,63i inhabi
tants. three members.
Il. The 9pporuOnment OF the state into
Assembly districts is an entire process
To a greater or less extent each part o
an aoportIonmeut act is affected
hv and dependent upon every othel
part thereof For this reason II /:
impossible 10 eNpunge from Chapter
i>2 the portions thereof winch violate
| constitutional requirements, and sustain
the balance of tine act ~ Naile
| law. hence the whole act
nul. and void. and consequently l. not
legal basis for the issue and publication
| bv the secretary ot state OF notices Q
| election OF members Of the Legislature
In the formation of Assembly dis
1 tricts in a county entitled 10 two q
more members. each district must b'
entirely within tie limits OF tat
! county. and must consist OF entr'
! contiguous towns or wards, o
| towns and wards. These also must b'
formed according to the number OF IN
/ hahItants. which means that tie nun
her ot iuLabi,an,s in each district sha.
! pe as nearly as practicable with III
number in the other districts ID tn