Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-03-23
THE TERRITORIAL UNIT DEFINED.
Districts Must BE Bounded Entirely by
the Lines of Counties.

Districts Must BE Bounded Entirely by
the Lines of Counties.
4. Section 4, article 4, of the constitution or
dains that assembly districts shall be bounded
by county, precinct, town, or ward lines The
term precinct has ceased to be significant.
The above provision makes the county the pri
mary territorial unit of representation in the as
sembly, and prohibits the dismemberment of
counties in the formation of assembly districts;
hence no assembly district can lawfully be
formed which includes territory in two or more
counties, unless the whole of such counties is
included therein, SO that the district is bounded
entirely by county lines. \ constitutional as.
scmbly district cannot be formed which in
cludes within its limits fractions of two OF
more counties or one county and a fraction OF
another count for in either case the integrity
of county Inns would be violated and a county
dismcmbcred Chapter 4S2, laws of 1891, at
tempts thus to dismember about twenty coun-
ties.
Explains Constitutional Section.
s. Section 3, article 4, of the constitution pro-
vides that the legislative districts shall be
formed and members of the two branches of
legislature apportioncd according to the mum
ber of inhabitants" Because the county is the
primary territorial unit in the formation of
assembly districts and members of assembly
must first be apportioDed to counties or to
single districts containing two or more coun-
ties, the a owe provision of section 3, article 4,
as applied to the formation of assembly dis
tricts, means primarily that there must be
substantial equality of representation in pro-
portion to population, as between all the diff
ferent counties and districts containing two
or more counties; that Is to say, there must be
no material and unnecessary inequality in
proportionate representation in the assembly
of counties and such districts on the basis Of
population.
How Districts should BE Constituted.
Each county and each such district having n
population equal TO the numerical unit of rep
resentation in the assembly (alleged to be
1859 is entitled to absolutely one member of
the assembly, unless it is found necessary to
attach to such county in the formation of an
assembly district county having less than the
numerical unit of population. For each null
tiple of such numerical unit reached by the
population of any county, such county is also
absolutely entitled to an additional member of
| the assembly. The remainder of the 100 men,
bers of the assembly not thus absolutely appor.
| toned should be apportioned, on some equita-
| BILE rule, to an equal number of several coun-
| ties probably to the counties having the larg-
| est fractions of population in excess of such
numerical unit or multiple thereof.
The Whole Act Is Invalid.
| Chapter 4S2, laws of 1891, violates the fore
! going rule For example, it gives to La Crosse
! county, with 3s SOL inhabitants; but one mem.
! Der OF assembly, while it gives Manitowoc
| county, with 1881 inhabitants, three mem.
| bers. The apportionment of the state into as
| kembly districts is entire process. To q
| greater or less extent each part of an appor-
tlonment act is affected by and dependent
| tpon every other part thereof. For this rea'
son it Is impossible to expunge from chapter
4S2 the portions thereof which violate consti
| tutional requirements and sustain the balance
Of the act as valid law. Hence the whole act
is null and void, and consequently is not q
legal basis for the issue and publication by th'
secretary of state of notices Of election o.
mem bers of legislature.
The Decision Unanimous.
The court is composed Of i've judges