Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-10-07

Senator Villas then handed the an.
swer to the clerk, While Chief Justice
Lyon said:
We will consider your matter as.
soon as we have en- opportunity"
Neither Col. Bird nor Gen. Estabrooll
made any reply to Senator Villas, and
the court resumed the hearing of some
other case.
The supreme court made no an
nomcement during the day as to
whether it would grant the motion and
receive the answer. A ruling is how
ever, expected this morning at 10
O'Clock.
Senator Villas Answer.
Senator Villas answer consists of be
tween fifty and sixty type-written
pages, and is generally what he said it
would be III his remarks to the court
an answer on behalf Of the secretary of
state, giving facts to Illustrate what the
legislature might properly consider in
the exercise of the discretion With
which the constitution invests it, II
Says that the defendant, Secretary OF
State Cunningham, answering TO the
complaint, denies each and every state
mcnt in the complaint, upon Informal
ton and belief, except as stated fur
Their on i'll the written answer.
The answer first admits several for
mai and Necessary allegations of the
complaint, and then alleges that the
legislature had discretion to do the
things it did do. and that it assigned to
the several counties the number of as
semblymen to which they We're en-
titled. and seeks to excuse the over
representation in those counties by say
ing that they are growing fast.
The answer further on holds that the
defendant is advised and believes that
it was proper for the legislature TO CON
slider. when its act Of 1872 was enacted
the changes in the population which
had occurred III some counties Of the
state, creating greater relative differ
cnres than We're shown by the census
OF 1890: and especially because the fact
is. IS this defendant is informed and
believes. that the census Of 1890, as so
taken in the state OF Wisconsin, was in
many localities grossly incorrect, care
lessly and improperly taken, ana failed
to exhibit the true numbers in different
counties and municipal subdivisions of
tn" State-ClcfectS which had bGcom !
increased and intensified in effect by
considerable changes III the population
in some counties of the state after the
same was taken.
The answer goes on to state that
it was proper for the legislature i'll
the exercise of it's discretionary power,
to consider the political conyeniGnceS
of the people, and that it did so. Much
space is devoted to showing what points
the defendant on his information and
Oellef thinks were, among others, con-
Sidered by the legislature and influenced
in 4 greater or less degree its action
i'll the formatiCE of senate and assembly
districts. Under this head Col. Villas
restates his brief showing how popula-
ton and wealth have Increased in d.
ferent districts. He again gives the
figures concerning the valuation of prop
erty i'll different districts and of the
fourth (lIilWaukee) district in partic-
ular
Senator Villas says about apportion-
ments in general: "And this defen-
dant further says that similar, but
much greater inequality in the az
rangement of the senate and assembly
districts by the legislature in every in
stance of an appOrtiOnment since the
adoption Of the constitution appear,
and that it has been Impossible to so
apportion and divide the population
in the different districts so that any
thing but a remote approximation to
! the unit in assembly districts and to
the unit in senate districts as found by
dividing the entire population of the
state by the number of assembly and
senate districts respectively has been
at any time possible or ever can be-
And this defendant further says that
i'll every particular in which the said
act of aFporticnment Of the year 1892
is criticised and found fault with by
the relatOr i'll his cofplaint, every other
act Of appOrtionment passed by the leg
iSlature of Wisconsin may be equally
aSSailed. And this defendant AYERS
that the legislature of 1892 pursued Il
more conservative course and with clos
er adherence to the rules. defined by
the supreme court than ever had been
previously observed: and that the in
depreciation so put upon the cOnstitu-
ton necessary latitude of discretion
in seeking approximate proportionable
equality was in no manner exceptional
with the legislature of 1892"
Then comes much information in the
form of lists exhibiting the senate and
assembly districts created by the differ
ent apportiOnment acts passed by the
Wisconsin legislature in the years 1852,
1856, 1861, 1866, 1871, 1876, 1882 and
1881, and a comparison of these with
the appOrtiOnment made at the 1892
special session.
The closing paragraph Of the answer
says: And this defendant further in
sistS that in no particular does the act
of 1892 contain any determination in
the formation of a senate and assembly
district which is not given to the legis-
lature Of the state to determine and de-
eide; and that it in no manner violates
any rule which the said supreme court
laid down or gave expression to in its
opinion in the former case, brought