Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-10-14

fantastic shape of the proposed dis
trict would rival that of the original
district from which it is said the word
"Gerrymander" is derived. No one
would say that any good end could be
subserved by such Il carving of the city.
Now l do not contend that these re-
marks apply to all the districts of which
complaint is made; they do apply to
some extent to the GAINESVILLE district
ana TO the Eau Claire district; but there
are undoubtedly disparities in the diri-
sions OF counties for which no particu-
lar reason appears ON the face of the
map. With regard to such instances.
1t Is clear to me that the legislative
discretion Is 4 wide one as to numbers
tnat they may consider things such rs
the community Of interest, facility OF
communication, the general Topography.
the rapidity with which population is
increasing and many other things which
this court know and with which it has
nothing to do. This court cannot take
evidence us to these outside conSidera-
tons, but | have no doubt of the power
of the legislature, in the exercise of its
discretion, to consider them.
Such considerations were urged
in the constitutional convention in
making the first apportionmcnt, and it
is clear that they We're acted upon and
that variations in populations of dis
trictS were thus produced. In any
event the differences within county
lines are not sufficient, it seems to me,
to authorize any court, in view of our
constitutional and Legislative history,
to set aside the law and leave the state
with no superintendent. \ few gener.
III observations, and | leave the sub
Ject. | fear we m" entering upon Il
period of judicial airport 'onmcnts.
This is the second law which has been
attacked within Il few months in this
court. After the decision on the first
law, the legislature was rr-convrn"d
and the present law enacted. Now
this law is attacked. the court holds
it void and points out i'll its option
wherein the constitution is violated.
Presumably another session Of the
legislature will be held and another at
tempt Will be made to pass an amor
tionmcnt law i'll accordance with the
opinion of the court. This also may be
attacked by some cntcrpriSing citizen
who steps into court with his private
counsel and relates to The court tho
burning wrongs of some of his fellow
citizens i'll Il far distant county who
are Ill unconscious OF the outlagcS i'll
t1lcted on their rights us citizens.
a. TIA.
questions raised, and inform the lc,sis-
latIlrc wherein thc law must Be cor
rectcd. By the time this process has
been repeated several times more, it
VIII be Il serious question whether the
law finally resulting is the offspring of
! the legislature or of the court. Has
not the legislature acted simply rs tho
| recorder OF the DEGREES of the court?
! Has not its discretion vanished and
been supplantcd by the discretion of
! the court? Has not the court in fact
made the law and thus invaded tho
province of its coordinate branch of
| the government? Trucly | think these
queries must be answered in the af-
tlrmatVe, and il so, the grave
nature of this decision is apparent; the
court has assumed to itself Legislative
power. 1t has practically substituted its
discretion for the Legislative discretion
! No essay on our form of government
is necessary to show that an cncroach-
ment by one branch of the government
on ,..e proper powers of one of its CO.
ordinate branches is Il greater evil than
the evil of gcrrymandcrnG. | am not
by any means defending gerIymandcr-
ing. | recognize it as an evil, although
l am inclined to think that its bad cf-
fectS are generally over estimated. [
! think there are very few, if any, in
stances where political power has been
| retained by the minority for any length
! of time by means of the Gerrymandcr.
| But however this may be, the question
presented now is not whether the gerry
! nader is IN evil, but what are the linn
! it's of the discretion which the lcgsa-
/ ture may conStitutonally exercise in
! forming legislative districts.
| This opinion has been written at in
! tervals amid the press of cXacting and
] OnerouS judicial duties. The writer is
! aware that it is not Il complete discus
sion of the questions involved in this
important case, nor was it intended to
be such Il discussion. 1t was simply
intended as Il statement Of the grounds
upon which the writer feels compelled
, to dissent. Holding the views which are
here Indicated, it has seemed to me my
imperative duty to place on record this
i earnest though unavailing protest.