Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-03-26
THE FONTS IN BRIEF.
SYNOPSIS OF THIS WHOLE CASE MADE BY
CHIEF JUSTICE LYON.

CHIEF JUSTICE LYON.
l. The motion TO dismiss the informa.
tion or complaint performs the functions
of, and in substance and legal effect is u
general demurrer thereto, and will be so
treated
2, The action is by the attorney gener-
al in behalf of the state, in a matter pub.
lie juris. 1t may be maintained TO
enforce the publici or common right with
out the Intervention of private reaior.
If there be such Intervention, ii does not
affect the enforcement of the public
right
g. The threatened official act of the
secretary OF state. to- wit, the issuing and
publishing notices of the election Of mem.
bers Of the Legislature under CHI 4s2, laws
of 1891, which is here sought to be re-
strained, is purely ministerial. In all
such matters this court has jurisdiction TO
control, either by mandamus or injunction
as the exigencies of the case may require,
the official nduct of the secretary II
cannot be determined whether the in
junction prayed for should be
refused or granted, without first
determining whether CHI 482 is or is
not a valid law. Hence, the court has
jurisdiction to determine the question of
the validity of CHI 482, and to grant or
refuse the n junction accordingly.
4. See 4, Art ~, OF the constitution
ordains that assembly districts shall be
bounded by county, precinct town or
ward line.
Tho 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 Acknowledgement OF
counties in toe formation Of as
sembly districts; hence no assembly
district can lawfully be formed
which includes territory in two or more
counties, unless the whole of such counties
are included therein 40 that tre district
is bounded entirely by county lines A
constitutional assembly district cannot be
formed which includes within it's limits
fractions Of two or more counties, or one
county and fractian of another county
for in either case the integrity of county
lines would be violated and a county dis
membered. CHI 4S2, laws Of 1891, at.
tempts thus to dismemher about twenty
counties.
5. Sec. 3, Art. /, of the constitution
provides, that legislative districts shall be
formed, and members Of the two branches
Of the Legislature apportioned according
to the number Of inhabitants Because
the county is the primary territorial unit
| in the formation Of assembly districts and
members Of assembly must first be appor.
toned 10 counties, or to single districts
containing two OF more counties, the
above provision of Sec, 3, Art. iV, as ap.
piled 10 the formation Of assembly dis
| tricts, means primarily that there must be
substantial equality Of representation, 10
| proportion to population, as between all
! the different counties aud districts con
! tanning two or more counties, That is to
say, there must be no material and IN
necessary inequality in the proportlonate
| representation in the assembly Of counties,
and such districts, on the basis OF
population.
Each county and each such district hav.
ing population equal 10 the numerical
unit OF representation in tie assembly Cal.
legged to be Il, 1863 Is entitled absolutely
to one member Of assembly, unless II d.
found necessary 30 attain 10 such county
in the formation Of an assembly district,
q county having less than the numerical
mite of representation For each multi
ole of such numerical unit re1chec by The
population Of any county, such cunty Is
also absolutely entitled 10 an additional
member Of assembly.
| The remainder Of the one hundred mem
beers of the assembly not thus absolutely
arv0rtioned. should be app0rtloned, o.
some uniform equitable rule 70 an equa
number Of the several counties probably
10 the counties having the largest traction
Of population in excess Of SUCH numerica
unit or multiple Thereof
Ch. 432, laws Of 1891 violate the fore
gong rule. For example, II gives u
| Crosse c~unty, with IS eDl inhabitant..
but one member Of assembly, Uhlle
gives Manitowoc county, with 1881 m
habiauts three members.
The apportionmeni Of the state int
aesembIy districts is an entire process
To a greater or less extent each part OF 81
appoItioument act is affected by, and de
pendant upon, every other part thereof
I For this reason, it is impossible y ~
uunge from Oh. 482 the portions thered
ubicb violate constitutional requirement
, and sustain the balance Of the act az
valid law; hence the whole act is null an
void. and const quently u not Legal basi
for the iss le ana publication by tire seer
tary Of state Of notices Of election Of men
bert Of the legislature. :.
7. In the formation Of assembly d
. tricts in a county entitled 70 two Or mol
member each district must be entire