Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-02-20
The Great Gerrymander. Case is Fin
ally Placed Before the Su-
preIne Court.
rguments Against the Law are Made
by EstabrOOk, Bird and
SpOoner.
Gen. Bragg Insists that the Court has
No Jurisdiction Of the
Matter. "r

MADISON, Wis, Feb 9.-The gerry
mauder case came up in the supreme court
to-day. General +. S. Bragg OF Fondldu
Lac, making the opening argument on
motion to dismiss f0r Fdut of jurisdiction 4
The fpsoEtE0tdlent OF 1891, he said, is
strictly within The letter OF The constitu-
stlon. HE section Of the constitution re
Eating to redisuicung IS imply direction
20 act with q basis upon WElChf the action
shall stand. His clam was that the case
has no status i'm the supreme court, and
that that tribunal has no jurisdiction 10
try it, lie declared that the action, If
entertained, would. be the entering wedge
for .he encroachmeut If Jha judicial branch
ct the government upon the rights Of the
legislature Adams county, the petitioner
Ia the case, Le sand, was represented IA
toe ieeis Iaturs'which made this appoItj0n-
meut, and therefore had no right in the
action. The 6ght against the apporti0u-
llent was not the cry. Of an outraged pe0
pie, out the voice Of disgruntIed politicians /
and party newspapers, and not entitled to I
consideration in this court. tie declared |
that thg only object of this petition was
to assist republicans to wear at their !
belts the scaIps OF democratic p0liti- I
clans. The Legislative power, he said, is I
supreme and absolute upon OIL political I
questions, and this is a political, not al
legal question. The superiority of the /
legislative to the judicial power is we'll I
shown IN thefnCt that tie legislature can 1
create members OF this court, but this /
court can not make, one Legislature. ,G5r.t
rymanGers, the general asserted, have been .
and always will be in this country uDtilit /
becomes a commonwealth of angels. The
constitution has provided no power in /
this court to inquire into and correct the .
error alleged to have been committed
Ex-Attorney General G. E. Estabrook |
followed with an argument on behalf of /
the relator. Colonel Geo. w. Bird said /
the question was one of public right, and /
therefore the reator is not required to |
have an individual or private interest |
separate from the general public in the 1
subject matter and relief sought.
Elk Senator John G. Spooner began his |
argument for the relAtor just before the
hour for adjournment, the courtroom be- |
ing crowded all day.
MADISON, Wis, Feb. 10.-Ex Senator |
Spooner resumed his argument this morn I
ing. He said there is nothing in the char (
acter OF the office held by the defendants, |
IT the duties and performances OF which .
the court Is asked TO enjoin, which puts .
him beyond the reach of an injunction. 1
This injunction. if granted, will not |
restrain an election, nor viii it restrain
the giving and fling of notices of election .
Of members Of the senate and assembly ItI
will only restrain the giving of notices .
describing the districts attempted to be .
created by chapter 4S2 l. granted mo- I
tees could be given under valid unrgpalled /
laws, or under q new Jaw, should one be /
enacted. If tberemedy be not afforded .
there is no remedy, and the urero2ative /
writ given 10 the court by the constitution .
that il may, in the exercise of an original .
jurisdictions protest the liberties Of the |
people, becomes, for the purpose of pre- |
serving the night Of equal representation, .
the ipjegrities Of counties grd enforcing 7
the safeguards of the constitution, abs0- .
lu .ely iup1teut.
3 he court has jurisdiction TO hear ard I
determine as totde constitutionality II he I
act The point made against the juris- 4
dicticn simply challenges the power or the /
court to take Coguizluce of the yuhject, I
and this seems too absurd to admit OF ar .
gument,
Senator Spooner then took article of .
the constitution and discussed it at length 4
The constitution, he SAID, is the sun /
around which all legislative, executive ard |
judicial bodies must revO.ye; and what /
ever may be the case in other countries. in /
this there can be no doubt that every act /
repugnant to the constitution is null and |
void; and the judicial power IS tie proper !
ut.orty TO pass upon every act OF the |
Legislature, and declare every law, con. I
trary to The true intent and meaning of the
constitution, null and void To contend .
that this were not so would be TO assert /
that ihe Legislative branch Of the govern I
ment Is supreme, 'bat the creature If the /!
constitution is mightier than the d1cu |
ment which created At.
Ccl. Spoouer said that it appears from The !
complaint or relation that the counties Of (
Calumet, knosha, juneau, Hiuneh5g) /
(partl, Jackson, Wood, Milwaukee (par) [
Walworth, Stuk, Sawyer, Monroe and part !
of Dane, whose electors IN 1888 voted for 4
senator, have been SO changed around that |
their electors cannot again vote fer sena- /
tor until 1894. What would the oistin. /.
guisEcd trainers OF the constitution. who |
were fearful lest Cne-half of the people be (
deprived OF tfe rit ht to vote for a senator I
eacl year think Of this act under which .
counties containing l2S,2lS people are not I
permitted to vote Tor senator but once In I
Six wears? lJ appears that kewauSea, (
Eau Claire, iucl IN, Forest, part Of Rock, .
~hlwauo, Alr@tlou, O.an,o, Langlaaa, +,
Florence ara part Of Milwaukee, contain /
Ms lTS 500 inhabitants, whose electors 4
voted M 1880 for senator may vote .
Ia u for d 81 Esnr In 1892, audit appears f..