Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-09-24
Col. Geo. W. Bird Speaks III OPP
position 10 the
Law.
Exhaustive Discussion OH the
Duty Of the Attorney Gen
eral. Etc.
George G. Greene Follows Along
the Same Line The Flee
tiOn Feature.

The supreme court opened a special
session Tuesday forenoon with touch
Ing memorial exercises IN honor Of the
late Judge F. /. Gibson, Of AlIlwau-
keQ.
Court Commissioner Hugh Ryan, of
Milwaukee, presented the memorial
ond resolutions from the Milwaukee
Bar association and made appropriate
remarks about the deceased.
Hon. Eugene S Elliott. VINO was per
taps the most Intimate friend Of the
late judge, and with whom the latter
was living when ne died, then paid a
touching tribute 10 his memory
Senator spO0ner also spoke a few
kindly words, saying that although be
was not a member Of the Milwaukee
bar he felt that To neglect the oppOr-
tunity given him to speak would be 10
prove himself guilty Of inhdelity to
his dead friCrd,
Chief Justice Lyon responded briefly
10 the memorial and the remarks. He
paid a tribute to the exHctness, business
md intelligence displayed ia the judg
ments Of deceased. and ordered that
the memorial and the remarks should
be placed upon the records of the
court
A telegram was received from Hon.
Charles w. Felker. of Oshkosh, stating
that illness prevented him from coming
TO Madison, SO the presentation OF the
portrait OF the hate Chief Justice Dixon
was again postpor "a.
Ihc App0riormeut case.
The sJ-cullcd gerrymauder case
No. 2, was then called, aud after Il
bad been decided that 1t should be-
opened on the part OF the rcHtor.
Charles j. Lamb, Of Madison, Col
George W. Bird made his argument,
which contained scores Of citations
After Iludihg 10 The ground at COM
plant The demurrer interposod and the
action of the court ina the preliminary
proceedings Col. Bird said tho effect Of
"a motion % strike out ms frivolous
demurrer 90 complaint Ola thc grounds
here assigned and for Judgment Is now
well understood Under the present
statute, It raises thc question of the
suHlcicncy Of the complaint and in
wolves consideration OF the merits
The questions raised and presented
for determination are, he said, the fol-
lowing.
/ Has this court jurisdiction of tho
subject Of the action;
. Upon the refusal Of the attoru =
general to bring the action, or 10 allow
1t TO be brought in his name, can it De
maintained hy the state upon the rcla-
ton Of one having no other interest
than that OF % citizen Of the state and
United states and am clector of Dane
county leave 10 So commence end pros
ecutc # having been first had and OBJ
tanned
g. Are the acts sought to be- r,~
strained such MS are properly subject
to control by injunction?
T. Is the net itself obnoxious 90 the
constitutional objections urged?
This proposition, whether the court
has full and complete jurisdiction Of
the subject Of the action, simply pre-
SCENTS the now familiar question, wheth-
cr the court has jurisdiction 10 pass
upon the cousutuuouality OF an appor
tlonmcn. act That IL has, is no longer
an open question here That was fully,
finally, and, it is to bee hoped forever
settled i'm the former ease
Col Bird cited many authorities 20
sustain the statement
Continuing he said that where the