Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-07-29
BUTH ACTS ARE BAD
The Supreme Court in unani-
nous Opinions
KILLS THE GERRYMANDERiSG
Acts Of tns Squswbuek LssisissuTe-Ihs
Aet Of Ess5 Aiso Declared Invalid.
Wnzns Expresses Himself.

prems court t1dsy handed down oplu-
ions declaring unconstitutional the two
seuAwbaek bsiis rsapportionlng the rep
state legislature The title Of the case
involving the senatorial gerrymsnder
was Theron b. Glddings Vs. Secretary
of STATE" and that Involving the repre-
sentative redistrieting. "supervisoss OF
Houghton County Vs. Secretary OF
state" Tue nlsndALlus asked ior 10
granted in each case and the secretary
10 ordered % issue notices OF election IN
accordance with the restricting bills Of
1881. inc acts Of 1885 being held II be
equally defective with those of 1891.
The opinions follow the lines OF the
eeletrated decision of similar import IN
W sconsIn.
fhe court Is unanimous on bosh acts.
The decision in the senatorial case was
written by Justice Grant. Chief Justice
Morse and Mr.. MeGrath fling opinions
through dIfferent course Of Argument.
Tue decision IN the representative case
was written by Justice Long. the chief
justice ming . separate opinion.
The secretary OF state is. however,
instructed 10 follow any new redlstrict-
ing scheme whicn may be enacted
should the legislature be called 10
special session py the governor.
Following is the full text Of Justice
Grants opinion;
Supreme Court-Theron F. Giddings
W.. Robert b. Blacker, Secretary Of
State. Filed July 2s, 1892. Grant J.
The constitution of Michigan con-
tsins the following provisons, found In
article Nv:
''section I. The legislative power is
vested IN q senate aud house of repre-
sentstives."
.ssec. 2. The senate shall consist of
thlfty>two members. Senators shall
be elected for two years and by single
dlstricts. Such districts shall be num-
b~red from one to thirty-two, iuclu-
sive, each Of which snail choose one
senator. No county shall be divided
IN the formation OF senate districts, ex-
ccpt such county shxll be equitsbiy en-
titled TO two or more senator's"
''Scc. 4. The legislature shall provide
by law Tor an enumeration OF the in
habitAnts IN the year 1854, and every
ten years thereafter, aud at the tirst
session after each enumeration 50
made, and also At the first session after
each enumeration by the authority Of
the United States. the legislature snail
rearrange the senate districts
according TO the number of white in
hsbstants and civilized persons of In-
dian descent, not members of any
tribe"
Acting under these constitutional
provisions the legislature passed the
senatorial apportlonment act, No. ls5,
Public Acts Ut 1891.
By the census Of 1890 the population
was 2.095.S .S3y. The ratio of each dis
triet would therefore be 81, ,434. Eight
of the districts under this act contain
population as follows: Seventh. 91.450.
tenth. 50 ,697: fourteenth, IS ,67s; eigh-
te,nth, s5,l.g, twentieth. s4.634;
twenty-hfth, s2.556; twenty seventh,
81 $50, tnirty-hrst, s2,2l3. These are
The eight largest districts.
Eignt other districts contain populA-
ton as follows. Twelfth. III ,2i5;
eleventh, lilo; sixteenth, AZ $40;
twenty-seco 1916; twenty-third,
50. .727. tventy-eighth, 43,70l; twenty
ninth, 0.033; thirtIetn, 53. .06s.
Under this apportlonment eight sen-
ators would represent constituencies
numbering Iu all 695.7 while eight
other senators would represent con-
stitueneles numbering in all only S49,-
O56.
The county Of Saginaw ~ given two
senators, although 10 contains popu-
lation os only s2.273
The tweuty-seyenth district is CON-
posed of nine counties with q populA-
tlou Of % $50. while the twenty ninth
with counties. i've OF which adjoln q
like number OF counties Of the twenty
seventh, contains 4 population of only
s0.o33.
The relator - . citizen and an eIec.or
in the seventh district, composed of the
counties of Kalamazoo. ~. Joseph and
Brsnch. with . population OF 81 40.
and pays for the writ of msndsmus tn
restrain the respondent. the secretary
OF state, from giving notice of the cleo
too OF senators, under the act OF 1901, /,
aud 10 compel nlm To give notice under
the spportionment act Of lsS5. The
petition also contalns . prayer for gen.
erAl rellef.
The bass upon which relief is sought
is that the power delegated by the
above provisions OF the constitution TO
rearrange the senatorial districts "a
limited: that this limitstion vas wholly
disressrded by the act in question, and
the act ~ therefore unconstitutional
nno void.
II appears conceded by the learned
attorney general that the leg stature -
not IN the EXERCISE of q political and
discretionary power when acting unser
these Constitutional provisions. Tor
winch q - only smenabie 10 the peo-
pie; aud that tins court nss jurisdiction
In 4 css> properly before u 10 deter
mine the CONSTITUTIONAL IL toe act IN
question. The constitution of TINS
state provides. s'rhe supreme court
sfssll have q general experimenting
control c~er All inferior courts and
snail have power to issue write II error.
hsheaz corpus, ssndsmns. quo war
rsnte, pFccedenio. and other original
an. remedial vrits, ami To hear and
deterrniRe me same. In Ali other cases
u shall have sbpeliste jurisdiction
only. The general jurisi .cttoa of this
court ~ Determine the eonstlfuuonai-
ity Of "a sisuve ensetrsents is not
hfnltsd so 80 - exclude laws Involsinx
political rights
rhe constitution Of Wseoa~r, IA
eoufesring Jnf'~f,eson upon its sa-
presne eourt, = nesriy sdenfirsl "a $50
gasse VITA til@ constitution of this
state. fh~ subreme court Of Wi<sonsin