Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1892-10-06
ssss4ED OUT AGAIN.
ppEME COURT SMITES THE
CERRYM WANDER,
h. ct I'll. Overthrow at Every Point
n.a Justices Assert Jurisdiction
III the Case-Lamb Declared
to BE Entitled to
Bring Suit.

II OLSON, Wis, Sept. 27.-The second
.mo:ratic gerrymander bill, conceived
h enacted by the party managers to
lille them to control the legislature
Ethe state, to-day received practically
Edpath blow at the hands of the su-
AIne court. While the justices do not,
Ethe action of to-day, formally annul
i apportionment measure, the order
he'd is the handwriting on the wall
In gives warning, beyond doubt, Of
5at the final decision in the case will
The court to-day in substance de-
les as follows:
The court has jurisdiction in the case.
The demurrer OF Senator William F.
Has. mterposed on behalf of the Demo-
it, party managers, is OverthroWn.
] It is held that Lamb. the petitioner.
sy Arlng suit.
1. {. is held that the bill of the petit
f,er sets forth good and SUFFICIENT
bunGs for action, practically a declar-
5Cn that the gerrymander act is illegal.
I, II gives the defendant Democracy I'M
Friday TO make a motion for leave to
i an answer to the bill of petitioners, if
Is deemed worth while to take such ac-
j. II serves warning that unless the de-
bdant can show that the facts set up in
bill of petitioner are untrue, decision
i be rendered declaring the second
SmOcratc appOrtionment act, like the
b. unconstitutional and void.
The supreme court room was
Bwded this morning when the Judges
the tribunal took their seats.
d. Villas and Col. Bird were at
Il attorneys table, both evidencing
Bat anxiety as to the outcome
zthe gerrvmander case. Chief Justice
Ion, after disposing of motions in
5 nor cases, announced the finding of
y court in the case of the state ex rel
3mb vs.. Cunning ham, wherein Lamb
Is given permission to bring suit
s. restrain the secretary Of state
|bm preparing for elections to the SEN
d and Assembly in this state. on the
Dund that the law passed by the
Il cia session Of the legislature is un-
q Institutional. The courts decision
i i az follows:
By the COurt-The court holds that the
lAeF granting leave to the relator to bring
Is action on behalf of the state was
|bperly made; hence the motion on be-
- Of the defendant to vacate the same
"a dismiss the action must be denied
[He court further holds that the complaint
Hes facts sufficient to entitle the state to
81 relief demanded therein; hence the
ton on behalf of the state to strike out
~ demurrer to the complaint as
HB 0lOuS, and for Judgment. must be
<& Dted. Such determination of these mo-
,,+fn loo, l,n To
|HS complaint. An opinion will be pre-
1a led and hled at an early day. Ii the de-
az tlant desires leave to interpOSe an an
IN to the complaint, the court will hear
lotion for such leave on the next motion
Nudge Winslow, one of the Dem
3I$ ents from the findings, and
TO is taken as a comforting circum-
egN nc9 by the Democrats. The other
|a* lces are united.
he order resulted Immediately in
zIl espread gloom among the Demo
~ and smiles on Republican, faces.
&M las minated that he wished to
s the courts opinion before deciding
i action to take in the premises.
af chief Justice announced that che
A bon would be filed at as
y a date as practicable, but
e he had given the general tenor
&eof in the order made and thought
z Insufficient to indicate the courts
1llon. Col. Villas afterwards seemed
accept this as conclusive that unless
efould challenge the facts set forth in
pos complaint, task that seems
eless, the gerrvmander measure is
1cked out. Hence it is thought if
Eer is made at all it will be simply
the purpose of delaying the final
gment until after election.