Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-10-01


private secretary said: i ~as glad
when the first gerrymander decision
came down from the court / am OPP
posed TO gerrymandering but I regret
now that the court sees fit to 90 INFO
politics. Tie judges have here TO fore
been elected by voters irrespective Of
party; but now that they have gone
into politics they will have to fight for
their election hereafter, the same as
other politicians do. 1t viii result n
/ dragging the supreme court into
( politics"
Attorney General O'Connor said: we
can stand it if the republicans can. I
believe there will be no political adyan-
tuge TO either party. ! did not believe
/ the law to be unconstitutional, but "a
majority Of the court seems to disagree
with me Farther than this ! do no.
care to speak at present"
( Secretary Of State Cunningham said
! that the court had spoken and that he
was willing TO abide by its determm
alton.
Justice Winslow, the dissenting mem
( Der Of the court, had nothing to say.
/ He is, like the other justices, exceed
ingly busy, and his opinion may not be
expected for some time yet Only one
opinion is anticipated from the other
four members Of the court
In an interview yesterday, a prOmi-
neut attorney said: ut is generally
regarded that the decision terminates
the controversy as to the validity of
the act, anG that it declares this law
unconstitutional and void the same as
the former one The fact chat the
court stated in its order If the dcfen-
daut desires leave to interposc an am
sWer to The complaint the court win
hear a motion for such leave on the
next motion day does not 40 all de
tract from the Gnal.ty of the decision
I'm the first case the court on overrul.
ing the defendants demurrer granted
leave TO answer within twenty DAYS
without any motion being made there
for. In the present case the court
does not grant leave to answer over,
but simply states that 1t viii hear
motion for that purpose No answer
can be made i'm this case any more than
in the former. Every fact necessary
to decide the court is required to take
judicial notice of. This was held i'm the
first case by the court, Mr. Justice
Pinney saying on this subject: AN
issue Of fact cannot be framed and
tried by a jury or otherwise with a
view OF determining by its result the
validity OF an act Of the legislature. but
the court is to be confined to matters
of which il may take judicial notice,
for otherwise a jury might find on the
issue one way today and another way
tomorrow, and this would beget a dis
tressing condition Of uncertainty
"Ihe court as has been held in many
cases takes judicial notice Of the
census, and of the location ana bom-
daries of towns and political subdi-
visions ana those are the only facts
pertinent to the inquiry rs controlling
the consdtutionality Of the act The
fact of comparative increase i'm popu-
lation since the census or Of the wealth
Of towns and wards as claimed by Sen.
ator Villas, all agree, can have no
bearing on the inquiry"
When Governor Peck was interviewed
late Yesterday, he said: Il have moth
ing to say about thc matter. | have
had no official notice, have only heard
ii uimor to the effect that the supreme
court rendered a decision against MS
l viii say this much, however. when
the time comes for us TO act we viii
do what is right"
"NeXt motion day" upon which Sen
ator Villas must make his motion for
leave To- answer. is Friday, Sept 80.
! 1t may be interesting to note that Of
the five members of the court, Justices
( orion pinncy and Winston are demo
Gratis and chief Justice Lyon ana Jus
/ ticc Cassodny republicans.
4 brief history of the case may be-
given thus: Aug ! the petition of G.
r. Lamb, the rrlltor. OF Madison. was
served on Attorney General O'CuuOr
and nm application made 10 him TO move
the supreme court Aug Q, the first day
of the August torm. for leave 10 bring
suit in that court in tho name OF the
attorney general against the secretary
of state Go enioiu him from executing
. the new superintendent law The par
ticulars i'm which it was sought to en-
Join the secretary of state were first
. 10 restrain the continued publication of
the notice of general election, deSelib-
/ ING thc legislative districts as created
10y lhe new law The general election
/ llW requires the secretary of state NOT
ONLY as mako Dut ami nubli-b eu. n mo-.