Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-02-19

that portion of article " of the constitu.
ton which requires such districts to be
bounded by county, precinct, town or
ward line, to consist of contiguous ter
rltory, and be in as compact form as pos
| sible."
The careful attention of the court was
asked to this proposition, for Col Spooner
said 1T was deemed conclusive against the
constitutionality of this chapter.
The court will observe, it was urged
that if it had been simply the intention
of the constitution to preserve in the for,
nation of assembly districts the integrity
of towns, wards and precincts, but to
leave the Legislature at liberty to disre-
gard the county lines at will, their pur-
pose would have been accurately and en-
tirely accomplished by the requirement
by the praise ''such districts to be bound
| ed oy precinct, town or ward lines" and
IT the word county had been omitted,
chapter 4S2 would have complied entirely
with the constitutional provisions so far
as boundaries are concerned, because
while it has in twenty FIVE instances
broken in the formation of assembly dis
tricts, county lines, it has in the forma-
ton Of no assembly district disregarded
town, precinct or ware lines. But neither
the Legislature nor the court is at liberty
to disregard the word county" any more
than they are at liberty to disregard the
other three words, or either of them.
Col. Spooner also maintained that the
act is unconstitutional because it violates
that portion of section 4, article ", which
requires districts to be ''in as compact
form as practicable y
This language itself, said Col. SpoOner,
probably involves the exercise of discre-
| ton. The fact that nowhere else in the
provisions of the constitution relating to
apportioning and districting the state is
language which carries in itself discrtion
AIRY power implied, is, according to
ali settled rules of statutory and constitu-
tional construction abundant support of
the proposition that the trainers intended
to invest no discretion in the Legislature
except so far as it might grow out of the
| moral necessity of the case.
1t was further maintained that the
statue is unconstitutional in that its re-
arrangement Of senate districts Operates
to disfranchise, as to the election of SEN
ators, large number of the electors of the
state and to leave a great number of the
Inhabitants of the state represented by
men in whose selection they had no voice
1t certainly cannot he held to have been
within the contemplation of the constitu-
ton that the Legislature, in performing
the duty OF re- districting every FIVE years,
according to the number of inhabitants,
should be at liberty, in order to accom-
plish political purpose, to take five OF
six counties from an odd numbered dis
trict and by attaching hem to one county
in an even numbered district, whose people
had just elected a senator who resided
therein, In that way preclude the people
of the five or six counties from voting
again for senator for some years.
1t appears from the C omplaint or rea
tion that the counties of Calumet, Keno.
sha, Juneau, Winnebago (part), Jackson
Wood, Milwaukee (part), Walworth
Sank, Sawyer, Monroe and part Of
Dane, whose electors in 1883 voted for 6
senator, have been so changed around
hat their electors cannot again vote for g
senator until 1894. What would the dis
tinguished trainers of the constitution
who were fearful least one-halt of the peo
pie be deprived Of the right to vote for &
senator each year, think of this act under
which counties containing 1928 people
are not permitted to vote for senator but
once in six years? 1t appears that Ke
waunee, Eau Claire, Lincoln, Forest, par
of Rock, Shawano, Marathon, Oconto
Langlade, Florence and part of Milwau
kee, containing 1853, 809 inhabitants, whose
electors voted In 1890 for senator, may
vote again for senator in 1892, and i
appears that by this juggling with th'
rights of the people in the reformation o.
the senatorial districts, that of seventeen
odd numbered districts from to SO, con
tanning 530,288 people, 387, 1872 had NJ
voice whatever in the choice of SENATOR
who will rpnrnsent those districts in th,
senate.
Gen. Bragg Closing.