Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1892-03-31
IrRYMANDER IS VOID
\ <1cRATIC APPORTIONMENT
b WIPED OUT.
, he Observation-Disclosures
h j. he'" r,aninous Condemnation
i'F BY the supreme court,.hrok-
Down ut Every Point
findings i'm Full.

wv ,ourt in q unanimous opinion
rne dawn to-day, declares the APP
Ddeu %t law enacted by the
ITO nnnrmocratic legislature to be
II p,;intional. 1t advises that the
o0nsoor.Trna nav convene the legislature
feTIo1 session for the passage of
eA'n" and fair apportionment
ne" that the districts may
."s they were prior to the act of
.a winter. Acts Of previous legisla-
VIA. ,bat NAV be affected by this de-
c.5' '' are not invalidated by the de-
:9n' oninion, read by Chief Justice
, r' is as follows:
T9D'T n o. motion to dismiss the infor-
j. in or complaint performs the func-
'~.Vofa and in substance and legal eff
ply ~ General demurrer thereto, and
Y he SO treated.
~ 5 The action as by the attorney-gen-
IN behalf of the state, in matter
H. iuris. It may be maintained TO
@, w., the public or common right
3 .Snmt the Intervention of a private
1 ..or If there he such Intervention.
t ro. not affect the enforcement of the
o ~ The threatened official act of the
,,otary ofstate, to-wit: The issuing and
sITshiDe Of notices of the election of
nhprs of the legislature under Chap
I, lS2, Laws of 1891, which is here
a,bt 70 be restrained, is purely min
.e,al In all such matters this
N.Y., has jurisdiction to control
45pr by mandamus or injunction, as
$aryjcencies of the case may require,
M official conduct Of the secretary.
1annot be determined whether the
s"nrtion prayed for should be refused
ranted without first determining
ArIGtber Chapter 4S2 is or is not u valid
m Hence the Court has jurisdiction
<nGetermine the question OF the valid
rdChapter 1872 and to grant or re-
he the Injunction accordingly.
u Section /, Article ", of the consti-
-fon ordains that Assembly districts
%1l be bounded by county, precinct,
nrn or ward lines" Tie term "pre-
net" has ceased to be significant. The
hove provision makes the county
Nc primary territorial unit of
ryresentation In the Assembly,
nd prohibits the ACKNOWLEDGMENT
counties in the formation Of Assembly
Sricts. Since no Assembly district
I mnWfulIy be formed which includes
grritory in two or more counties, unless
4 he whole Of such counties are included
herein. 50 that the district is bounded
Entirely by county lines, constitu-
! DnoI Assembly district CANNOT be
5rmed which includes within it's limits
factions of two or more counties or one
0unty and a fraction of another
COUNTY, for in either case the integrity
dCounty lines would be violated and a
1 county dismembered. Chapter 4S2,
Laws of 1891, attempts thus to dismem-
uabOut twenty counties.
g. Section 3, Article ", of the con-
ttuton, provides that legislative dis
lcts shall be formed and members of
tetwo branches of the legislature ap-
Nrtioned according to the number
tnhabitants," because the county is
the primary territorial unit in the for
nation of Assembly districts, and mem
ers of Assembly must first be appor-
toned to counties or to single
1srcts containing two or more
Nuuties, the above provision Of Section
Article ", as applied to the forma-
lion of Assembly districts, means, pri-
|-arly that there must be substantial
quality of representation, in proper
Ion to population as between all the diff
Hent counties and districts containing
|FO or more counties. That is 20 say.
there must be no material and unnec-
Ssary inequality in the proportionate
in the Assembly
ii counties and such districts,
On the basis of population.
Zach county and each such district hav-
lsa population equal to the numerical
unit OF representation in the Assembly
alleged to be 16,S6S) is entitled abso-
0tely to one member of Assembly I'M
F@ 1t is found necessary to attach to
@e1 county in the foundation of an AS
%mOIy district county having less than
ne numerical unit of representation.
ior each multiple of such numerical
unit reached by the population of any
@unty such county is also absolutely en-
Iaed toan additional member of Assem-
Wy. The remainder of the 100 members
y Assembly not thus absolutely appor-
uoned should be apportioned. on
NMe uniform equitable rule, to an
'4ml number of the several
Nantles-probablv to the counties hav-
ny the largest fractions of population in
.SceSS of such numerical unit or
multiple thereof. Chapter 4S2, Laws
iS9l violates the foregoing rule.
foreXample, it gives La Crosse Coun-
J, with 3S,S0l inhabitants, but one
'rember of Assembly, while it gives
aS County, with 81 ,631 inhabl-
1als, three members.
o. The apportionment Of the state in
Assembly districts is an entire process.
va greater or less extent each part OF
VI apportIonment act is affected
and dependent upon every other
MI thereof. For this reason 1t Is
l5pG,Sslble to expunge from Chapter
y me portions thereof which violate
S institutional requirements, and sustain
De balance of the act as a valid
'E; hence the whole act is
o,., ana void, and consequently is not
~, :: II OASIS for the issue and publication.
me secretary of state of notices OF
- W biSluUefS Vi Vic lSS1oIo1uiH'
!. t. In the formation of Assembly dis
, ,.ylS IN 8 county entitled to two or
,tfe members, each district must be
.uufey within the limits of the
oun'y, and must consist Of entire
towns or wards, or
,nAs and wards. These also must be
aLMed according to the number OF IN
@aoIl2nts, which means that the num-
u OF inhabitants in each district shall