Oakes weekly Republican. (Oakes, Dickey County, D.T. [i.e. N.D.]) 1883-1898, 1892-03-25
IT is UNCONSTITUTIONAL
WiscoNsIN's APPoRT!oNmENT ACT
DECLARED ILLEGAL.

No Doubt BE Called-The Catch
County Option License Bill Defeated
in tho Iowa House.
MADISON, March 22.-The supreme
court has declared the assembly sena.
torial and congressional superintendent
made by the last legislature to be un-
constitutional.
The decision affects only the senate
and assembly districts, and does not ap-
ply to the congressional appor,ionment,
about which no complaint was made.
The decision is mad. on the grounds
that the legislature violated the consti-
tuition which requires that districts
shall be formed according to the popu-
lation as compactly as possible, and that
the county is territorial unit in the
formation of assembly districts. This
is the substance of the decision. The
apportionment thus overthrown was
made upon the same lines as every ap-
portionmons has been made since the
organization Of the state, and other in
iquities complained of have not only
been found in every apportionmcnt but
most of them entered in the alEortion-
nlent made by the constltunal conven-
ton which was part Of the constitu-
ton itself. The decision distinctly says
that it affects no other act of any legs,
lature. In fact the last legislature
which elected William Z. Villas senator
was elected under another apportion-
ment act, the validity of which was
never questioned.
Opinion of tha Court,
The opinion Of the court, delivered by
Chief Justice Lyon, holds that chapter
492 Laws of 1891, ,(the apportionment bilD
is unconstitunal upon substantially the
following grounds: Section 8, article :,
of the constitution provides that each
county and each district having popu-
lation equal to the numerical unit Of
representation of the assembly (alleged
to be 18,8GsD is entitled absolutely to one
member of the assembly, unless it is
found necessary to attach to such county
in formation of an assembly district, a
county having less than the numerical
unit of representation. For each multi
pie of such numerical unit reached by the
population of any county, such county
is also absolutely entitled to an addi-
tional member of the assembly. The
remainder of 100 members of the assem-
bly,, not thus absolutely apportioned,
should be apportioned, on some equitable
rule, to an equal number of sever al
counties, probably to the counties
having the largest fractions of popula-
tton in excess of such numerical or null
tiple thereof. Chapter 482, Laws of 1891,
violates the foregoing. For example:
1t gives La Crosse county, with 81, sol
inhabitants, but one member of assem-
bly,, while it gives Manitowoc county,
with 1888 inhabitants three members.
The apportionment of the state into
assembly districts is an entire process.
To greater or less extent each part of
an apportionment act is affected by and
dependent upon every other part thereof
For this reason it is impossible to ex-
punge from Chapter 4S2 the portions
thereof which violate constitutional re-
quirements and sustain the balance of
the act as valid law. Hence, the whole
act is null and void, and consequently is
not legal basis for the issue and publ
cation by the secretary of state of no.
tices of election of members Of the legis-
lature.
Republicans May Regain Control.
The decision practically means that
the governor must call together the
legislature-now Democratic-in extra
session and that new apportionment
must be made. The Democrats cannot
by any possible way lose control of the
state senate, but the Republicans, under
an act made in accordance with this
decision, will probably regain control
of the assembly by a sufficiently large
majority to have control of both houses
on joint ballot and thus elect Repub-
lican SUCCESSOR to Senator Sawyer. II
they accomplish that end, Spooner will
be chosen. If they fail to do so General
Bragg NO doubt will be elected by the
Democrats. An early session of the
legislature will no doubt be called. The
supreme court is composed of three
Democrats and two Republicans, hence
the decision will not be considered a.
being tainted by partisan feeling.