Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1892-12-31
ILLEGAL BODY.

was elected contrary to the Constl-
tuition, Cen. Clr among other
things, says:
It appears that 7o3 persons in
Churchill county haze the same rep
resentation and poeer in the Senate
as 6. 49, persons in Washoe county,
and have the same representation
and power in both houses Of legisla-
ton as 1920 persons living in Eu-
reka county, or 5, 434 persons living
in Humboldt county, or 4,749 per
sons living in Elko county; and Lyon
county, with 1,957 persons living IN
it. is given a greater representation
than Lincoln county, with 2i66 per-
sons living in it; Lander county with
2,2G6 persons living in it, and ES-
meralda county, with 2,l4S persons
living in it, demonstrating that no
attention was paid to population IN
apportioning representation, and
that the command of the organic law
was Intentionally disregarded.
The Constitution is the supreme
law of the State, and statutes which
conflict with it are void. The clauses
which declare that representation
shall be apportioned according to
population and the enumeration
Of the inhabitants shall
serve as the basis Of representation
in both houses of the Legislature
are mandatory and imperative, and
cannot be disregarded. Every pos
tive direction contains an lmpllca-
ton against anything contrary to IT.
or which would Illustrate or dlsap :
point the purpose Of that provision.
"The frame of the government, the
grant of legislative power Itseii
create implied limitations
upon the law making authority, as
strong as though a negative vas ex-
pressed in each instance. " % y.
", 543)
Ii must be conceded that the act
of 1891, apportioniny representation,
violates the positive directions Of the
Constitution, as well as the I'm
piled limitations inherent" in the
frame Of the government.
No principle Of government Is
more sacred, q, important, than
equality of re, tation." 1T is a
right inestlmar. the people and
formidable 10 tyrants only. 1t is
the foundation upon which free in
situations are builded. 1t is a con
dition upon which the safety and
prosperity Of popular government
depends. 1t springs from the self
evident truth that ''all men are ere
ated equal, and from the supreme
law that equality of rights is essen :
tial to freedom, prosperity apd hap
piness. Ii the Legislature can arbl-
trarily deny to the people an equal
voice in making the laws; If 1t may
give to one locality greater power
than to another; If it may arbitrarily
give 700 inhabitants equal voice with
1000; if it may give the smaller
number the greater power, the most
valuable safeguard of liberty will
have been swept away.
After citing numerous points and
authorities on the subject, tending
to show that the Constitutional pro
visions have not been complied with,
he concludes:
'Upon the authorities and for the
reasons stated, | declare the act OF
1891, Reproducing representa-
ton and reducing the number of leg
islators from go to A., to be uncon-
stitutional AMI void, and the boo
called the legislature about to a.
semble TO be "a legislative body
formed in violation of the constitu-
lion. but which is composed Of a
members, when the act of 1881, the
only valid statute upon the subject
creates legislative body of 60 mem
bers."
What the people want and need i
a Constitutional Convention. There
are a lot of laws in the Constitution
which seem unable of proper constru
ton. and which are so full of legal
terms, big words, misleading senten-
ces, etc, that it is well nigh i'm
possible for man with an ordinary
education to understand or properl!
interpret them. Nearly every lawye
in the State views them in differen
light, and until the Constitution i
couched in plain, simple language