Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1892-10-01
Also That the Facts Show the
State to be Entitled
to Relief.
Defendant Given Till Friday TO
Move for Leave 10
Answer.
Justice WinslOw Dissents-Opin-
ions Not Yet Written
History Of Case.

The law apportouing the state into
senate and assembly districts. enacted
during the special session of the lcgis-
lature In June, was yesterday virtually
declared by the supreme court mcon-
stiutonal and void.
Exactly what tie court did-Justiuc
Winslow dissenting was to make the
following ruling:
1.-THE court holds that the order grant
ing leave to the rclat0r to bring this ac-
ton on behalf of the state was properly
made Hence, the motion on behalf of
defendant TO yucate the same and dis
miss the action must be denied
"Thc court further holds, that the
complaint states facts sufficient to en-
rltle 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 motions
In effect oyeITules the demurrer to the
complaint
IAN opinion win be prepared and
fled at an early date.
'1f the defendant desires leave to I'm
tcrpOsc an answer TO the complaint, the
court viii hear a motion for such leave
on the next motion day"
Such action was in strict accordance
with the customary procedure of the
court In overriding a demurrer, and the
leave 1t grants the defendant relative
10 making an answer is a courtesy uni
fornly extended under like circum-
stances In ,ac lower courts advantage
is usually taken of it, but in view of
the decision in the first case and the
range Of facts of which the court has
already taken judicial cognizance, It
seems very doubtful if Senator Villas
defends the matter any further; in
other words, ii is doubtful if he seeks
TO obtain the privilege of intorposing
an answer. 1t seems that under the
decisions Of the court, the facts i'm the
complaint must be challenged in any
answer that may now hc made These
facts relate simply to the census, the
population OF districts and the coufor
nation o' districts, and hence are seem
ingly above dispute.
As soon as the court had made it's
decision, Senator Villas inumatcd that
he wished to see the courts opinion
before deciding what action to take i'm
the premises. The chief justice am
nouu.cd that the opinion would be filed
at as early a date as practicable, but
that ne had given the general tenor
thereof i'm the order made, and thought
II sufficient To Indicate the courts
opinion
Senator Villas aftcrward stated to-
friends that his understanding of the
effect of the decision was that the
supreme court had decided that tho
legislature ON the question of popula
ton hod NO discretion whateve- d.
consider anything other than the g"u
sus NJ viii be remembered that ,'a
senator i'm his argument was disposed
to believe that in framing districts as
for example, I'm the developing counties
of the uortAoru part of the state. jt
had the right to take into consideration
the rapid increase Of population; md
also that material wealth might also bc
considered 20 some extent
Senator Villas. when seen 10y re-
porter, had nothing to say relative o.
his intentions
1t is most probable, however, that the
courts action settles the matter finally
and that the governor will speedily
copvoke the legislature i'm special s.
sion 90 enable it to enact another 9p.