St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-02-10
Gen. Bragg Tells the Republic
cans Of Wisconsin Where
They Stand.
Their Kick on the Reappor-
tionment Is Because the
Shoe Pinehes.
Judicial Branch Of the Gov
eminent Has No Jurisdic-
ton in the Matter.
The De Stueps Case--PPomi-
nent People Wed at Hast
ingS.

MADISON, Wis. Feb. 9.-The supreme
court room was filled to overlooking this
morning when the case. was called to
test the conStitutionality of the reappOr-
tioDment law passed by the last legis-
lature. Gen. E. q. Bragg, of Fond du
Lac. opened the argument for the sec
rotary of state, who is made defendant
in the case. The action is brought to
restrain the secretary of state and his
successors in Office from giving notice
of election of members of the senate
and assembly to be elected next Novem-
Der. To the complaint made by the
attorney general Gen. Bragg made
motion to dismiss the complaint, for
the reason that the relator had no
interest in the subject matter,
and therefore has no standing in
the court; that the court has not
jurisdiction of the subject matter, and
that the relator shows no violation of
the constitution of the state either in
letter or in spirit. Gen. Bragg in his
argument said substantially that the
questions involved in this motion are
grave ones, because they place into ques
ton the jurisdiction of the courts and
legislature in deciding questions that
affect the people in their sovereign
power. WHO are the people?" said he.
''Do political newspapers or disgruntled
politicians represent the people
In Their Sovereign Capacity2
The LEGISLATORS of Adams and Lat Crosse
counties, who are the REALTORS, were in
the legislature when the bill was passed
OH which this question comes before
the supreme court. Leniency has gone
far enough to centraliZe the powers of
government to one branch, and this
usurDation of authority should be
stopped. The party who claims to in
woke the aid of the court must show
visible, tangible reason why he should
invoke the aid of the court. 1t must be
well defined, so that the court can ascer-
tain whether right has been infringed.
The question is one in which jurlsdic-
ton is invoked that should involve
the sovereignty OF the people.
The petition says that S. W.
Pierce, district attorney, is clothed with
power from the board of supervisors of
Adams county to test this law. There
is only one grievance the electors of
Adams county have. That is they can
not wear the scalp Of the Democratic
assemblyman of the adjoining county,
to which 1t is attached. as they have
heretofore. This is not sufficient griev-
ance to invoke the jurisdiction OF this
court. Adams county is too small for
either an assemblyman or senator and
consequently was attached to other
right to vote as before and the only
trouble is that they do not like the COM
paDy they are in. lu the national cleo
ton for president
One Single ElectOr
may change the entire political COM
pleXion of the legislature of the coun-
try, and yet there is 10 remedy in the
courts of law. However unjust it maybe
here that the people of Adams county
may not be represented in the legislat-
ure by a man who is of the same polt-
ical complexion as the majority of the
Adams county electors because addi-
tiOnal territory has been added which
changes 1T, that is not sufficient injury
to invoke the aid of the courts. They
are not diSfranchiSed, because Adams
county can vote at the next election.
Gerrymand5ring originated in the early
part of the century in Massachusetts,
and from that day until this reappor-
tiOnment has never been satisfactory
to both the majority and the mi
norty parties. Even in Pennsyl-
vania, where the Quakers rule,
they have the dumbbell district. Until
legislators become angels there will be
districts that will De unsatisfactory to
some. This court cannot interfere. 1t
cannot make the government call to-
gether legislature to reapportion the
state, and this court cannot dictate what
kind of measure it shall become. The
judicial branch of the government does
not have Jurisdiction of the political
branch of the government, and these
questions cannot be settled by the
courts. Let judges and politics be
widely separated, and do not pollute
the ermine where there is no necessity
for it. 1t was not intended by the orig
inatorS of the government that courts
should deal with political questions. and
it would be revolutionary if this court
should now have that power"
Ex-Attorney General c. E. Esta-
brooke. who. with Col. George w. Bird
and ex-senator Spooner, represent the
Republican machine in this proceeding,
made long affirmative argument on
the right of the court to assume original
jurisdiction. Col. Bird insisted on the
question of the merits of the case being
heard at this time, and the court
took the matter under advisement at
the noon recess, and. on meeting again,
announced that for the purpose of this
argument the court would consider the
motion of Gen. Bragg to dismiss in the
nature of demurrer. and would hear
all proceedings which might belong to
such. Ex-senator SpOoner had only
opened his argument when recess til
morning was taken. After he finishes
Gen. Bragg will close for the respon-
end.