The state republican. (Jefferson City, Mo.) 1871-1896, 1892-01-07
MISSOURI STATE NEWS.
fhe bt.trictins question.


On November 2g Gov. Fra1cis AL
dressel letter to Judge Norton, ex-
judge Of the supreme court asking the
lat er's opinion ps TO the construction
Of the stlt ties in regard to the district.
ing the states for selecting presidential
electors, and on December the Judge
replied, which letter the governor has
recently given out for publication. IL
is as follows;
| am ia-t in receipt Of your. ,vor Of
the 70 h ult,. In which you requ st to-
know my'op nion as 10 the proper con-
.struction Of section 1859 of our revised
st4tutes, which reads us follows "Whcn
!. apY 4nsw AlIpQrilOnment sha,l DO made.
OF the ihembers 60 be efecsc1 70 tic
house OF iprescntHrlyos of Inc United
states whereby the npm9er d cieeflrs-to,
whlehsss9if p lA5..lss u =. ~ "
sr7passer atWiui saci,, Il shaH be ihseUntsy
Of the eoverHerto lay of the ct tie Into a.
manly q ctoral districts as shall be equal to
the nu npcp ~. electors to wh!ch th" state
may be entitled, so that the said districis
contain, as near as may bo,~an equ Il num-.
bcr of inhabitants"
Under section article ,, of the constitu-
I on Of lhe-unlted status, cIcli suite Il en-.
tltiei 70 anpn nj or elect a numbnrof elect
opseqaai ~ tiss v Assts uumbsr u ecnatot5s
aud rrprhs oniatiYes to which the slaie ma
s,st tsS''-'.r'he ec'str'sss, an ~ ~ sierf %
urs are to be ghaseu IN such manner ns the
ie isiatwresatis ereot1hay diryrt Y = 3shtish
section establishes the rule for tn, ascer.
tainment of the number of electors to which
any state may be cntitl I'd, and applying I
to tho new apportionment m lde by the last
congress our state is entitled 10 seventeen
electors instead Of sixteen under the old or
former apportonment.
The number of electors TO which the state
Is entitled un Ter the now apDOrtO tOnment
having been thus increased, the cont ngcncy
AUTHORIZING you 90 perform 1he du.y I'M
posed by sect on % of our revised 81 tue
OF laying of the state int1 eiectOrdi district3
has happened or exists. IN the perfoi IN
of this duty the statute expressly prov dos
hi-pliih and unmbguous language that
the number of ele torll district into (Which
the state shall be Lid off snail be equ 4 to
the number Of electors to which the st
may be entitled, and that the distric's shall
coma nearly us may be Nh
equal number of inhabitints As the
stare under the new appnrionment IS en-
titled to seventeen electors think Il cl al
that IL you enter upon tue duty impUstd bg
the statute the number Of electoral districts
toto which you lay IL off must be equal o thc
number Of electorsto whicl the state is en-
titled
There is no ambiguity in the words Of the
statnte and, when such Il the case no rule
Of consti uctlon Is more firmly estab'i Ii d
than thlt the plain AMI ordinary meaning ~
to be applied to them.
can ser no reason for apprehondiRg III lt
the electoral vote of the state will not br
ruHHted= =sh9tid=th3 Btatu be- diyidad=iate
electoral dittrcts as provldedln Said section
2s9, and should the electors be chosen ~
the voters OF the state i'm conformity with
the requirements of sc -tlnni -2ails 1863 r.,
yiseb statutes Respectfully yours,
Il II. NORTON.