Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-02-06
Opposing Attorneys Mutually Agree
Upon a Plan for an Early
fearing.
The case Will Probably Come up for
Argument or Its Merits Next
Tuesday.

. Nit he'Iducu gerry htdhutI case received
some preliminary attention. The Justice,
were all present, and the, chamber con
tanned a large audience Of lawyers, law
students and others.
After the formal opening, Chief Justice
Lyon read the following order
A the last sitting of this court, Jan. Is.
! 1892 Scion w. Pierce, Esq. district attor,
ney Of Adams county purporting 10 act
under the direction of the board of super
vlsors OF that county petiti0ned for leave
/ to- commence an action i'm this court, d.
| tie name OF the state ON the relation Of
either the attorney general, Of Adams
county or Oh himself, against the secretary
OF state, to perpetually enJoin him and his
successors in Office from giving or publish
ing notices for the election of senators and
members of assembly in districts eonsri.
tuted, or attempted TO b. constituted, by
chapter 1872 Of the laws Of 1891 entitled
IAN act to apportion the state into senate
aud assembly districts. approved April
%, lS9l-the object Of the proposed action
being to obtain an adjudication Of the
question whether said chapter 4S2 is or is
not a valid enactment, On the same day
a similar petition was presented 10y Leon
ard liotridge, Esq, citizen of the state
residing in la Crosse county, A proposed
relation or complaint accompanied each
petition,
When these petitions were presented, it
was suggested to the attorney for the pc
titioners that under the law and the prac-
tice in this court in such cases, the petl
tions could not properly be considered un-
til the attorney general should Lerequested
to move in the matter, and should refuse,
or unreasonabIy delay to do so.
Thereupon such request was made on be-
half Of Adams county and the attorney
general promptly asked leave to bring an
action in thIs court, as requested, for the
purpose aforesaid
The question involved is one Of grave
pubic concern, and II this court has
Jurisdiction TO determine it, the proposed
action seems to be proper one in which
to exercise the original jurisdiction OF
this court under the constitution. II Is
ordered, therefore, that leave be granted
the attorney general to bring such action
Questions OF jurisdiction are reserved TN
tll the relation or complaint IS filed,
The commencement of such action will
necessarily supercede the petitions of
Messrs. Pierce aud Lotridge, who are at
liberty, if 50 advised, to Withdraw their
respective petitions and the papers accom-.
pany ing TIE same,
That settled it. The court had given
permission to bring the famous gerry
mander case, and in less than four hours
afterward the complaints had been duly
filed and the matter placed in such a
stage of progress as to give promise of an
immediate hearing
The attorneys are ali agreed in regard
to the matter, and the case will come be-
fore the supreme court as soon az the pres
emit assignment of cases is disposed Of
probably by next Tuesday, Feb 9, At
that time the various attorneys will appear
in court, when the complaint will be read
1t embraces only the petition, filed Jan.
IS, together with brief introduction by
the attorney general appropriate to his
connection with the case.
Upon the conclusion Of the reading Gen.
Edward S. Bragg, representing the de
Tense will make motion that the action
be dismissed for the following reasons;
First-That the relator Adams county,
has no such interest in the matter as en-
titles it TO sue.
Second THAT a court Of equity cannot
enjoin any step to be taken in a general
election.
ThIrd-That the question raised is not
a judicial one, and therefore the court has
no jurisdiction Of the action.
II Is expected that such situation
will enable the case to be argued on its
merits- to be considered s1bausiveIy,
and that the supreme court aeciding on
Gen. Bragg's motion will 90 to the bot
/ tom Of the matter and. once for all, de
clare whether the app2rtionment act Of
/ 1891 is constitutional or otherwise.
After hearing arguments, the court will
take the matter under. adyisement, and its
decision will be looked for when it next
convenes-either Feb. % or March !,
probably the latter date
/ 1t is desirable to expedite the matter as
much az possible in order to enable a
recon, eniDg Of the legislature in special
session to apportion the state anew if the
! present act ahaU be declared void
Gen. Brngg has for mis- legal opponents
Attorney General o'Connor, TX Attorney
/ General G. L. Estabrook, Col Geo. W.
Bird and District Attorney Pierce, Of Adj
/ ans county.