Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1892-10-05
KNOCKED OUT AGAIN.
SUPREME COURT SMITES THE
GERRY WANDER.
Villas eft al. Overthrow at Every Point
The Justices Assert Jurisdiction
in the Case-Lamb Declared
to Be Entitled to
Bring Suit.

MADISON, Wis, Sept. 27.-The second
Democratic gerrymander bill, conceived
nd enacted by the party managers to
enable them to control the legislature
of the state, to-day received practically
its death blow at the hands of the SUI
preme court. While the justices do not,
by the action of to-day, formally annul
the apportionment measure, the order
issued is the handwriting on the wall
that gives warning, beyond doubt, of
what the final decision in the case will
be. The court to-day in substance de-
cides as follows:
1. The court has jurisdiction in the case.
2. The demurrer Of Senator William f.
Villas, lnterpOSed on behalf of the Demo-
cratic party managers, is OVerthrOWn.
3. 1t is held that Lamb the petitioner,
may bring suit.
4. 1t is held that the bill of the petit
toner sets forth good and sufficient
grounds for action, practically a decIar-
alton that the gerrymander act is illegal
3. 1t gives the defendant Democracy I'M
TIL Friday to make motion for leave to
file an answer to the bill of petitioners, if
it IS deemed worth while to take such ac-
ton.
6. 1t serves warning that unless the de-
PENDANT can show that the facts set up in
the bill of petitioner are untrue, decision
will be rendered declaring the second
Democratic appOrtiOnment act, like the
hrst unconstitutional and void.
The supreme court room was
crowded this ~ orning when the Judges
Of the tribunal took their seats.
Col. Villas and Col. Bird were at
the attorneys table, both evidencing
great anxiety as to the outcome
Of the gerrymander case. Chief Justice
1 OF n ~
minor cases, announced the finding of
the court in the case Of the state ex rel
Lamb vs.. Cunningham, wherein Lamb
was given permission to bring suit
to restrain the secretary of state
from preparing for elections to the Sem
ate and Assembly in this state. on the
ground that the law passed bv the
special session of the legislature is IN
constitutional. The courts decision
was as follows:
By the COurt-The court holds that the
ORDER granting leave to the relatOr to bring
this action on behalf of the state was
properly made; hence the motion on be-
half of the defendant to vacate the same
and dismiss the action must be denied.
The court further holds that the complaint
states facts sufficient to entitle the state to
the relief demanded therein: hence the
motion on behalf of the state to strike out
the demurrer to the complaint as
frivolous and for judgment, must be
granted. Such determination of these mo-
lions in effect OverruleS the demurrer to
the complaint An opinion will be pre-
pared and filed at an early day. Ii the de-
fendant desires leave to interpOSe an an
sWer to the complaint, the court will hear
a motion for such leave on the next motion
day.
Judge Winslow, one of the Dem
ocratic members of the court.
dissents from the findings, and
this is taken as a comforting circum-
stance by the Democrats. The other
justices are united.
The order resulted Immediately in
widespread gloom among the Demo-
Gratis and smiles on Republicans faces.
Col. Villas intimated that he wished to
see the courts opinion before deciding
what action to take in the premises.
The chief Justice announced that che
opinion would be filed at as
early a date as practicable, but
that he had given the general tenor
thereof in the order made and thought
it sufficient to indicate the courts
opinion. Col. Villas afterwards seemed
to accept this as conclusive that unless
he could challenge the facts set forth in
Lambs complaint, a task that seems
hopeless, the gerrymander measure is
Knocked out. Hence it is thought if
answer is made at all it will be simply
for the purpose of delaying the final
Judgment until after election.