Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-02-13

body on which it was intended to operate
nothing could be more flexible.
How appropriate, remarked the colonel,
that language as applied to the case at
bar.
The cons titutions of Massachus etts and
New York provide for decennial appor-
tiouments after each federal enumeration.
They also contain express prohibitions
against altering legislative districts once
formed until the next enumeration. The
courts of those states have held that they
will enforce this time limitation even to
the extent of holding invalid law passed
to change the boundaries of towns, under
conceded Legislative authority, because it
directly altered ssch districts.
Courts have also taken jurisdiction 70
determine whether apportionment acts
exceed constitutional limitations otherwise
than as to time of passage, and citations
were made to prove the fact.
Col Bird admitted that the Legislature
while acting within the limits prescribed
by the constitution is not answerabie to
this court. But the moment it steps out.
side of those limitations, then, as held in
the above case, they are answerable to this
court as we'll as to the people. As held in
the Ohio case, this court has rightful
authority TO hear and determine the
question whether, in making an appor-
tionment the limitations Of the statute
have been observed, and if there has been
disregard Of those limitations, then, so to
decide and hold the apportionment void
Col, Birds argument lasted anti about
5 o'clock. 1t was listened to with pro-
fou1d attention by the court.
Ex-senator spOoner's Views.
Ex-senator John c. Spooner, also APP
pearing for the relator, spoke till ad.
jourument, at $50. He remarked in open
ing that this court seems to have settled
that this case is one Of great public con
Germ by the brief opinion fled upon grant
ing the application of the attorney general
for leave to bring suit If there were a
doubt about it, however, it would be re-
moved by references to the long line of de-
cisions of this court, as to what constitutes
in its view matter publci juris, warrant
ing the exercise of its original jurisdiction
in mandamus, quo warranto, injunction,
habeas corpus and the like, collated in the
brief of the lamented Judge Dixon in
Attorney General VS. The City of Eau
Claire, PIP 407, 408
Senator Spooner argued that the objec
ton that the cause must fail for want of
sufficient interest in th, county OF Adams
or its district attorney, 5. W. Pierce, to
entite it to proceed, is clearly untenable
In suits on the relation of private parties
to secure the enforcement of private
right or the redress of private wrong, the
point might be pertinently made.
This Is not, however, a.
suit at the relation OF
private person to enforce a private right,
or prevent a private wrong 1t is a mat
ter in which all of the people OF Adams
county and of the state are obviously inter
ested II is case, therefore, in which,
under many decisions, it is not necessary
that the relator should have a special pri-
vate interest IN the relief asked Various
authorities were quoted in substantiation
of that contention, Col Spooner argued
that the suit now pending was not
brought by an individual but was in the
name of the STATE, 1T is sufficient,
wherever the relation came from, that it
is signei by the attorney general and
comes here as his statement Of the case.
which the court gave him leave to bring,
said Col Spooner, Recess was then taken
till 10 "a. m. today, when Col. Spooner viii
finish and Gen. Bragg make the final
argument
A decision is expected wien the court
next meets, either Feb. q or March l.