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

town meetin' time 10 election 10 Novem
Der. He submitted that neither Adams
county. It's district attorney nor people
have sustained any Injury and that these
/ phases are the work OF stranger whom
/ the supreme court should turn away from
/ its doors wi'ha rebuke for his presupp-
ton
If the plaintiff fails TO show any inter
est in tine case personally, any personal
injury or deprivation Of right then this
court cannot assume jurisdiction.
The Legislative power is supreme and
absolute upon all political questions and is
entirely independent Of this court. The
Legislature can provide for members Of
this court, but this court cannot create one
member of assembly.
The constitution Of Wisconsin is lin
itation of powers upon che legislative
branch Of the government while it in.
vests the court with its rights. There
can NOT be found in the constitution any
power of appeal from the political to the
judicial part of the state government.
Had the trainers of the constitution
desired to give the right of appeal to
these judges how easily it could have
said So
Gen. Bragg referred to the case Of the
state against Whitford, in which the
court gave the people the right 10 or
game districts according to the con
stiiution and cited many other au-
thorities 10 sustain the claims he
made. In closing his long aud able ar
,ument he m aintmned that the appor
tionment of 1891 is strictly within the
letter Of the constitution. TIE section of
the constitution relating to redistrictlng
is simply a direction to act coupled with
a basis upon which the action shall
stand. Suppose the legislature should
fail to apportion, is there a man so mad !
with political frenzy that he thinks
he can invoke the aid Of this court !
to compel an apportionment? Let |
me say to my friends, when they appeal to |
their rights, st. Paul said Faith is
dead without works When these gen.
temen show US some Of their good works |
we may then believe them honest in their
action
The speaker submitted that there was
lack Of status and lack of jurisdiction
which would prevent the consideration
Of this case by the court, and he re
served any discussion upon the merits OF
the question for Il future time if the
court determined that it had iurisdie-
ton
Gen Estabrook speaks
On the conclusion of Gen. Bragg ad.
dress, ex-Attorney General c. E. Esta-
brook made an argument for the reIatof,
Adams county He discussed the matter
of the original jurisdiction Of the court, /
holding that the exact question here pre-
scented is in a measure new in the juris- /
pru ence of the country The reIator he
said, is seeking 10 invoke the original .
juris LECTION of this court to the end that
Judgment may be rendered enioining |
the secretary of state from performing a
ministerial duty upon the ground that
the law which commands the perform
auc of this act is unconstitutional !
The use OF the writ Of injunc.
ton for the purpose sought Is
new To- tue courts and the 7.
bar. In the able discussion Of the subject (
in the railway cases (35 Wis, $50 Chief |
Justice Ryan very forcibly and clearly /.
points out the bene6ceut purposes 10 which f.
in the ex rcise OF its original jurispiotion .
this court may put this writ 1t is suf- I
hcient to refer TO that opinion for dis
cussiou of the subject The spirit of the
prophet seems to have moved him when
near the close Of his mastery discus ion |
he concludes Ana we have lily expressed /
ourselves and lily applied the authorities
quoted if we have not already made it /
apparent that we consider this iuris fiction |
Of this court a necessary and most salutary |
one for the preservation of public right
and public authority
The constitution vests original jurisdic.
ton in this court 60 issue writs OF
Injunction and other remedial
and original writs and further provides
that the court shall have power to hear
and determine the same.
The language shall have power to issue
and to hear and determine the same
confars the fullest jurisdiction.
The constitution lodges all lattc@
power, botn as to matter, Of law and
equity in the courts
An application for an injunction car
ries with it the idea OF a complaint in the
nature Of bill in equity; aud such is tae
form Of pleading in this case.
l., ,ta casa If Rasbf0rd VS. Is trstuw the