St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-03-23
The Wisconsin Supreme Court
Rules Against the Reap
portionment Law.
Judges Unanimously Undo
the Work Of the Legis-
lature.
A Constitutional Provision
Clearly Transgressed by
the Act.
Full Synopsis of Points En-
phasiZed in the Decision
OF the Court.

MADISON, Wis, March %. - The
supreme court declares the assembly,
senatorial and congressional apportlon-
ment made by the last legislature to be
unconstitutional. The decision of the
court was unanimous. Following is
statement by Chief Justice Lyon of the
points decided in the case: The motion
to dismiss the information of COM
plant performs the functions of
and in substance and legal
effect is general demurrer thereto,
and will be SO treated. The action is
by the attorney general in behalf of the
state in matter of publici juris. 1t
may be maintained to force the purpose
of common right without the inJerven-
ton of private relator. If there be
such intervention it does not affect the
enforcement of public right.
The threatened official act of the sec
rotary OF state, to wit: The issuing and
publishing of notices of election of
members of legislature under chapter
1872, Laws of 1891, which is here sought
to be restrained. is purely minis
terial. In all such matters this
court has jurisdiction to con-
troll. either by mandamus or
Injunction, as the agencies of the case
may REQUIRE, the official conduct of the
secretary. 1t cannot Ue determined
whether the injunction prayed for
should be refused or granted. without
first determining whether chapter 1872
Is, or rs Not Valid Law;
hence the court has jurisdiction to de-
termine the question OF Jurisdiction, to
determine the question of the validity of
chapter 4S2, and to grant or refuse the
Injunction accordingly. Section 4, arti-
Gle 4. of the constitution Ordains 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 primary
territorial unit of representation in the
assembly and prohibits the dismember-
ment of counties i'll the formation of
assembly districts, hence no assembly
district can lawfully be formed which
includes territory in two or more coun-
ties, unless the whole of such counties
are included therein, so thar the district
is bounded entirely by county lines.
A constitutional assembly district
its limits fractions of two or more coun-
lies, OF one county and fraction of an
other county, for in either case the integ-
rity of county lines would be violated.
and a county diSmembered. Chapter 1872,
laws of '91, attempts thus to dlSmember
about twenty counties. Section 3, arti
Gle 4 of the constitution provides that
legislative districts shall be fOrmed,and
members of the two branches of the leg
islature appOrtioned according to the
Number of Inhabitants.
because the county is the primary terri
torial unit in the formation of assembly
districts, and members of assembly
must first be apportioned to counties or
to single districts, containing two or
more counties. The above provision of
section 3, article 5, as applied to the
formation of assembly districts,
means primarily that there must be sub
stantial equality of representation in
proportion to population as between all
the different counties and districts con-
tanning two or more counties; that is to
say, there must be no material and UNI
necessary inequality III proportlOnate
representation in the assembly OF cOun-
ties and such districts on the basis of
population.
Each county and each such district
having having population equal to the
numerical unit of representation of the
assembly alleged to be 1865 is en-
titled absolutely to one member Of as
sembly, unless it is found necessary to
attach to such county for the formation
of an assembly district a county
having less than the numerical
unit of representation. For each mul-
tiple of such numerical unit reached by
the population of any county, such
county is absolutely entitled to an adj
ditional member of assembly. The re-
mainder of 100 members OF assembly
not thus
Absolutely AppQrtiOned
should be apportioned, or some equi-
table rule, to an equal number of several
counties, probably to the counties hav-
ing the largest fractions of population
in excess of such numerical or multiple
thereof. Chapter 4S2, Laws of 1891,
violates the foregoing rule. For eX-
ample. it gives La Crosse county, with
IS, sol inhabitants, but one member of
assembly, while it gives Manit0Woc
county, with 1881 inhabitants, three
members.
The appo1tionment of the state into
assembly districts is an entire process.
10 greater or less extent each part of
an apportionment act is affected by and
dependent upon every other part
thereof For this reason it is i'm
possible to eXpunge from chapter
4S2 the portions thereof which
violates legislative requirements and
sustain the balance of the act as
valid law. Hence the whole act is null
and void, and consequently is not
legal basis for the issue and publication
by the secretary of state of notices of
election OF members of the legislature.
The court finds in the constitution no
limitation upon the power of the legis-
lature to number the senate districts as
it sees fit.
This decision does not impeach the
validity of acts otherwise valid of leg
islature elected under an inva-
lid legislative apportionment stat
ute. Neither is the jurisdic-
ton of the court affected. nor
the exercise thereof embarrassed by the
fact that this decision may leave the
state without valid legislative appor
tionment law, and hence without any
law for the election of another legisla-
lature. The governor may convene the
present legislature if he thinks proper,
and when so convened there can be no
doubt of its power to enact valid leg
islatlye apportlonment law.
Possible Results.
The decision practically means that
the governor must call togeth: L the leg
islature-now Observation-Disclosures se5-
sion, and that new apportionment
must be made. The Democrats cannot
by any possibility lose control of the
state senate, but the Republicans, under
all act made in accordance with this de-