Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1892-03-31
Gerrymander is Dead.


The following g statement Of the
courts holding, as prepared by Chief
Justice Lyon:
/. The motion to dismiss the infor-
nation or complaint performs the fune'
tons of, and in substance and legal
effect is a general demurrer thereto,
and will be so treated.
2. The action is by the attorney
general in behalf Of the state, in a
matter patblici juriS. 1t NAV be main
tanned to enforce the public or common
right without the Intervention of a
private relator. 1t there be such inter-
vention it does not affect the enforce
ment of the public right.
3. The threatened official act of the
secretary of state, to-wit the issuing
and publishing notices of the election of
members of the legislature under chap
ter 1872 laws of 1891. which is here
sought to be retrained, is purely minis
terial. In all such matters this court
has jurisdiction to control, either by
mandamus or Injunction, as the exig-
encies of the case may require, the
official conduct of the secretary. 1t
cannot be determined whether the in
junction prayed for should be refused
or granted, without first determining
whether chapter 1872 or is not valid
law. Hence, the court has jurisdiction
to determine the question of the validity
of chapter 1872, and to grant or refuse
the injunction accordingly
4. Sec 4. art. ". of the constitution
ordains that assembly districts shall be
bounded by county, precinct, town or
ward lines" The term precinct has
ceased to be significant. The above
provision makes the county the primary
territorial unit of representation in the
assembly, and prohibits the dismem-
berpent of counties in the formation of
assembly districts. Hence, no asst mblv
district can lawfully be formed which
includes territory in two or more count
ties unless the whole of such counties
are included therein. so that the district
is bounded entirely by county lines. A
constitutional assembly district cannot
be formed which includes within its
limits fractions of two or more counties,
or one county and a fraction of another
county, for in either case the integrity
of county lines would be violated and
a county dismembered. Oh. 482 of
1891 attempts thus to dismember about
twenty counties.
5. Sec. 3, Art. w., of the constitu.
ton provides that legislative districts
shall be formed, and members of the
two branches of the legislature appor-
toned "according to the number of
inhabitants" Because the county is
the primary territorial unit in the for
nation of assembly districts, and men,
bers of assembly must first be appor-
toned to counties, or to single districts
containing two or more counties. the
above provision Of sec. 3. art. ", as
applied to the formation as assembly
districts, means primarily that there
must be substantial equality of repre-
sentat;on, in proportion to population,
as between all the different counties,
and districts containing two or more
counties. That is to say, there must be
no material and unnecessary inequality
in the proportlonate representation in
the assembly Of counties, and such
districts, on the basis of population.
Each county and each such district
having population equal to the nu-
merical unit of representation in the
assembly (aleged to be 16,868) is
entitled absolutely to one member of
assembly, unless it is found necessary
TO attach to such county, in the forma-
ton of an assembly district, county
having less thar the numerical unit Of
representation. For each multiple of
such numerical unit reached by the
population Of any county, such county
is also absolutely entitled to an addition
al member of assembly.
The remainder of the one hundred
members of assembly, not thus
absolutely apportioned, should be APP
portioned, on some uniform equitable
rule, to an equal number Of the several
counties probably to the counties hay
ing the largest fractions of population
in excess of such numerical unit or
multiple thereof.
Chapter 1872 of 1891, violates the
foregoing rule For example. it gives
La Crosse county, with 38,S01 inhabi-
tants, but one member of assembly,
while 1t gives Manitowoc county with
1881 inhabitants, three members.
s. The apportionment of the state