Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-03-23
III is NULL AND VOID
I'The Wisconsin Apportionmenl
Law Declared Invalid.
s0L0NS WILL HAVE TO MEET AGAIN

The Points Decided by the State Supreme
Court-Only the Legislature Affected
An Official Determination of the Terri
torial Unit in Such Cases Counties
Cannot he Split Up to Make a Partisan
Majority-A Rule Prescribed to Govern
the Legislative Action Hereafter.
MADISON, Wis, March 23.-The supreme
court OF the state has declared the appor.
tlcnment bill passed by the last Democratic
legislature unconstitutional and therefore
void. The decision affects only the senate
and assembly districts and does not apply
to the congressional apportionment, about
which no complaint was made. The deci.
sion is made on the grounds that the leg
islature violated the constitution, which
requires that districts shall be formed ac.
eordlng to population as compactly as
possible ami that the county is a territorial
unit IN the formation of assembly dis
tricts This is the sum and substance OF
the decision.
No Other Legislative Act Affected.
The appOrtionment thus overthrown was
made upon the sgme lines as every appor-
tiOnment has been made since the organiz-
alton of the state, and the iniquities com
planned of have not only been found in
every apportionment, but most of them
entered into the apportionment made by
the constitutional convention which was a
part of the constitution itself. The decis-
ion distinctly says that it affects no other
act OF any legislature; in fact, the last
legislature which elected William +. Villas
senator was elected under another appor-
tionment act, the validity of which was
never questioned in court.
An Extra Session Required.
An extra session of the legislature will
be called and new apportionment law
passed to govern the next election. The
fact that the Democrats simply followed
the example of the Republicans is accepted
by the Democrats as guarantee that the
decision thus made will have no special
political effect. The following is a state
ment by Chief Justice Lyon of the points
decided in the case:
The Decision on Jurisdiction.
l. The motion to dismiss the information OF
complaint performs the funCt ions of and in
substance and legal effect is general dcmur-
rer thereto, and VIII he so treated.
2. The action is by the attorney general in
behalf of the state in matter of pubhcG jUris.
1t may be maintained to force the public OF
common right, without the intervention OF
q private relator. If there be such intervcn'
tion it does not affect the enforcement of pub
lie right.
3. The threatened official act of the secre
tary of state, to-wit, the issuing and publish
ing OF notices of election of members of the
Legislature under chapter 4S2, laws of 1891,
which is here sought to be restrained, is pure
ly ministerial In all such matters this court
has jurisdiction to control, either by manda-
mus or injunction, as the eXgencies of the case
may require, the official conduct of the secre-
tary. 1t cannot be determined whether the
injunction prayed for should be refused OF
granted without first determining whether
chapter 4S2 is or is not valid law; hence the
court has jurisdiction to determine the ques-
ton of jurisdiction, TO determine the question
of the validity of chapter 4S2, and to grant or
refuse the injunction accordingly.