The Sauk Centre herald. (Sauk Centre, Stearns County, Minn.) 1886-current, 1892-09-29
KNOCK OUT
WlScoNSlN's APPORTIONMENT ACT
AGAIN DECLARED VOID.

The Defense Given Permission to Make
Answer to Realtors Complaint-A Gem
eral Disposition Among Democrats to
Abide by the Decision.
MADISON, Sept. 27.-The supreme
court has rendered a decision declaring
the apportionment made by the extra
session Of the legislature invalid. JUS
tice Winslow dissents. Another session
will doubtless be called, and the legisla-
ture will make another attempt to con-
form to the rulings of the court.
The decision holding the second legis-
lative apportionment act void, created
the most intense excitement in political
circles. The court has as yet handed
down no opinion. 1t did not have time
to write one. It's action was specified in
brief order not exceeding 200 words
which it handed down. The order is as
follows:
The court holds that the order granting
leave to the relator to bring this action on be-
half Of the state was properly made. Hence
the motion on behalf of the defendant to va
cate the same and dismiss the action must be
refused.
The court further holds that the complaint
states facts sufficient to enttle the state to the
relief demanded. Hence the motion on behalf
of the state to add demurrer to the COM
plant is frivolous and therefore judgment
must be granted. Such determination OF these
matters in effect overrules the demurrer of the
complaint.
An opinion will be prepared and filed
at an early hour. If the defense desires
leave to interpose answer to the COM
plant the court will hear such motion
on the next motion day.
That, so far as the public has any in
form alton, is the full record of the
court on the subject with the exception
that Associate Justice Winslow gave
notice that he dissented from the find
ings of his four associates. The latter,
it may be interesting to note, are Chief
Justice Lyon and Justices Cassoday,
Pinney and Orion. Orion and Pinney
are Democrats and Lyon and Cassoday
are Republicans. Winslow, who dis
sents, is also a Democrat and was ap-
pointed by Governor Peck year ago to
fill the vacancy caused by the death Of
Justice Taylor. Nopolitical bias, under
the circumstances, can be attached to
the decision.
The general view of the situation is
that the court practically decides that
the legislature has no discretion in max
ing appointments so far as population
is concerned and that the aw is prac-
tically declared invalid.
Will Abide by the Decision.
Senator Villas had talk with the JUS
tees after the decision, and although
leave is given to file q motion on the
next motion day, which is Friday, ask
ing leave to interpose an answer in the
case and defend the law on its merits,
he appears to be satisfied that it would
be useless under the circumstances.
Attorney General OConnor said; 1--WE
can stand it if the Republicans can.
There is no political advantage to either
party. I did not believe the law was
unconstitutional but the majority of the
court seemed to disagree with me. Far
ther than this do not care to speak at
present"
Secretary of State Cunningham said
that the court has been outspoken and
he was willing to abide by its determin-
alton. One Democratic official suggested
that the court ought to be impeached.
but the general disposition to acquiesce
in the decision prevails.