St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-10-01
CUNN1NGHAM's ANSWER.
1t Is Presented to the Badger
Supreme Court.

MADISON, Wis. Sept. 80. - United
States Senator Villas presented the
answer of Secretary Of State Cunning
ham to the complaint attacking the ap-
portionment of the state in the supreme
court this morning. 1t holds that the
legislature has power to exercise a
certain amount Of discretion in reap
portionlng the state, considering ques-
lions OF business and political interest,
and 1t has not exceeded this discretion
in the present apportionment. The
court took the matter under advisemenJ.
The decision will simply be whether
or not the senator shall have the priv
llege of answering. The answer which
Senator Villas filed, but which the court
may reject, is an able document, and
sets up with special force the point
that the legislature kept within the
bounds of its authority in the appor-
tionment. The brief reciteS the history
of apportionment acts and special ses-
slons of Legislature, saying of the latter:
1T has awarded to the several coun-
ties in the state the number of men,
bers of assembly to which they were
entitled. withholding a member from
no county which contains, according to
the last census, the e-hundredth part
OF the entire population of the state,
and assigning to that county entitled to
two or more of the so-called units of as
sembly representation the full number
reQuired.'
Continuing, he said that the defend
ant is advised and believes that the
constitution of the state commits to the
legislature of the state, with the ap-
prevail of the governor, discretionary
power i'll the formation of assembly
hot
is within the province of the
legislature in Its discretion
airy powers to give weight and effect to
various considerations affecting the just
rights of different localities to repre-
sentation in the legislature, among them
being changes which have occurred in
some counties in the state since the last
census, and also defects which were
claimed i'll that sentence. 1t says:
In the exercise of the discretionary
power aforesaid vested III the legisla-
ture it was proper for the body to con-
slider the relations which people sus-
tanned by the reason of their being
united in single city, or like political
association; also to consider the con-
venlence of people in different localities
with reference to their association for
political purposes, and many such have
been properly the just exercise of the
power vested bv the constitution in the
legislature"
1t is also set up that the defendant
believes that many different people
were debarred by the constitution by
the formations among the senate dis
tricts, particularly the Third, Sixth and
Sixteenth wards of Milwaukee, which
is, 10y its separation by the Milwaukee
river. in some measure a separate and
independent locality, and has always
been more or less distinguished from
the residue of said city by the nature of
its population and the character of its
business interests.
The answer also states that the secre-
tary of state has only performed the
duty required of him by law i'll issuing
the notices. and ought not to be held
liable to any action because he is re-
quired by law to advertise notices of
general elections. tits denied by Sen
ator Villas that the unit of equality
among senate districts was disregarded,
and lists are prepared showing varia
ton under preceding appointments.
The closing paragraph of the answer
says:
"And this defendant further insists
tdat Ill no particular district does the
act of 1892 contain any determination as
to the forming of senate and assembly
districts which is not given to the legis-
lature to determine and decide, and
that in any manner violates any rule
which the said supreme court laid down
or gave expression to in its opinion in
the former case brought upon the rela-
ton OF the attorney general against this
defendant because of the act of appOr-
tiunment OF 1891"