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

matter there was but one question upon
which hesitated. That was whether or
not the subject matter was one Of which
this court would take jurisdiction.
After investigation of the act itself,
with the aid Of an able brief upon the sub
jet which had been presented to me
weeks before made the application as
attorney general, / had no doubt Of the un-
constitutionaHty Of that act, as it disre :
garded county lines in the formation Of
assembly districts .
In conclusion the attorney general said:
II did in that matter what | deemed to
be my duty. shall do likewise in this,
when am prepared to submit conclu-
sion. No one can regret more than do
the necessity which compels me to defer
my conclusions beyond this lime, for
fully realize the fact that my motives in
doing so viii be misunderstood byBome
and misrepresented by others. But cir
cumstanees over which could have no
cont Of make it absolutely necessary that
should do so
For the petitioner, Sol. Geo w Bird
earnestly eombatted the proposition look
ing to delay He said the petition was
presented on the first day Of August,
which was the earliest opportunity posi-
ble under the circumstances. The petit
zion, be continued, requested the attorney
general simply to move in the court at this
time for leave to bring suit, and if be sees
fit to refuse to bring the suit or make
delay, the rule, established by
numerous decisions of this court, entities
the petitioner to do so himself The
attorney general said Col, Bird,
asks to be allowed such time
as will enable him to reach
conclusion As TO the merits of the case, out
this would leave the matter in state quo.
The petitioner, he said, is entitled to have
the matter submitted as soon as possible
In the petition, observed Col Bird,
presented to The attorney general, the
matter requires but single reading to
assure one of the force of its arguments.
In the petition it is set forth that every
of the fundamental law which
caused the supreme court TO set aside The
first apportionment--except the one gov
srning the breaking Of county lines-has
been repeated in the second apportion-
uont. Every principle, said he, on which
.he decision Of the supreme court Of
Michigan was based, has been violated as
is also true in relation to the recent daci-
sion in New York
The attorney general said Col. Bird,
is right when he says the petition is
ong, but it is made long only by reason
IF the multiplied violations OF the consti-
.ution contained in the apporhonment
act, +"
"The petition, Col. Bird continued,
sets out in plain and concise ianguags
many of these violations fer the sole pur-
pose of making it abbuudantIy apparent
% the court as we'll as to the attorney gem
,ral, that the constitutional rule OF equal |
ty Of representation has been entirely
abandoned ia the preparation Of this act |
The petition therefore, is long because it
was necessary that it should show such |
trequenf ntractions Of the constitution as
TO leave nc reasonable doubt that the con
stituional requirements had not been |
1omy.ied with.
He then said be did not care to bring
any arguments to bear upon the need Of
an early decision by the court, except the
1ne Of time 1t is important, said he
nat the citizens Of the state be informed
as to TIE validity or inyaGdity Of the act
as speedily as possible, and he said he
could conceive OF no reason FOR delay A /
speedy determination oil the important
question involved is necessary TO avoid any
real or imaginary, that
might hereafter be suggested, if the ac.
Be held invalid, Is the petition submitted
.lenrIy shows it to Be, then the proper
may Be easily afforded But if
delays are 10 be INDUCED in,
then complications may arise or be created
that might embarrass this court in doing
full and ample justice ) the people Of this
great state in Iightine the wrongs claimed
to have been done them in the enactment
81 this law.
Ii the convenience Of the attorney general
is awaited, said be, no assurance is given
al to when the matter viii be brought up
Col. Bird then submitted a motion on
behalf Of the petitioner for cave to bring
suit and proceed in the usual way, basing
the motion upon a verified transcription
Of the petition served upon the attorney
general and upon a proposed complaint
submitted 10 the attorney general on the