Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1892-10-13

lSiature snail, at JlGr ufSJ SEES ]
SION after the prescribed census.
eiIlIer by the state or the United States.
'apportion and district anew the mem
berS OF the senate and assembly, nc
cortlin~ to the number OF inhabitants,
excluding Indians not taxed and sol
dieI.s and officers Of the United States
army and navy. Sec. 3, Art t, Thus
it appears that the legislature must
not olJy apportion the members Of the
selIte aud assembly ACCORDING to the
number of Inhabitants. but must also
district anew the members Of the senate
AID assembly according TO the NUM-
ber Of inhabitants. Tie requirement.
that such superintendent shall be made
at the first session of the legislature
after the taking Of such census, very
clearly indicates that the census So
taken is to be the basis of such appol-
Torment; otherwise the appOrtiolmenr
might as well be made the yea" PRIOR
to the taking of such census, as the
first session CT the legislature there
after. On this point, Mr. Justice Pin
ney, in the former case, IN effect said:
as will appear from a quotation herein.
that the apportionment must be based
upon such prior census or enumeration.
81 Wis, 80. 1t is here conceded that
he total population of the state accord
ing to the census of 1890 was 1856, $50;
and that if it were possible TO secure
exact and equal representation upon
the basis of that census, the unit Of
representation of each assembly dis
tlict would be 16,S6S. But as already
indicated, it is impossible to secure
exact and equal representation, by
reason of the constitutional hinderances
mentioned. And it is because of such
hinderances, and only because of such
hinderanceS, that the legislature, under
the constitution, are at liberty to de
part from the equality Of represents
tiUn. Hence they are required by that
instrument to appOrtiOn and district
anew the members of the assembly
according to the number of inhabi-
tantS," and in doing so the districts arc
to 'be in as compact form as praCti-
cable" The thing thereby sought to be
secured, and in fact secured, is equal
ity of representation, in so far as it
is practically attainable, without vio-
lating any Of the other provisions Of
the constitution named. And this rule
is not only applicable in the formation
of 81 district out of two or more cOun.
ties, but also to the formation of two
or more assembly districts in one c0Iu-
| ty.
In apportioning a county into two
or more assembly districts there is
necessarily a new unit of representa-
ton. The act in question provides for
! six assembly districts, each made up of
/ one or more counties in the northern
! portion of the state containing in the
| aggregate only 67,S49 inhabitants
! which is less than four times the uGlit,
and when there is no constitutional i'm
! pediment to their being grouped to-
| gether into four districts. In the for
/ nation of two or more assembly dis
/ tTictS in any one county, the l3giSla-
/ tTe have the discretionary power TO
group towns as they may see fit and to
! group wards as they may see fit, or to
! group towns and wards us they may
see fit, provided, that in doing so they
! Go not violate any of the provisions of
! the constitution mentioned. Perhaps
this may be made to appear more clear
/ ly by an illustration. Dane county
contains thirty-fiVe towns and two cities
/ with an aggregate population accord
/ ing to the lost census of 59,57S. Of
these thirty-fiye towns, twenty nine con-
/ tain less than fifteen hundred inhabi-
tants each, and eight of these contain
! less than a thousand, and only one
/ exceeds two thousand and that contains
! tains two wards with each less than
! fifteen hundred inhabitants. Madison
1 has six wards, and the largest contains
+ 2,43 inhabitants. The act in question
. assigned to this county four members.
1t is simply impossible to apportion
! and district Dane county a.
7 new according to The number
of inhabitants" contained in it. and
have Il difference in the districts to
! exceed Il minor fraction of adjoining
/ towns, or adjoining towns and wards;
! but with the city Of Madison all in one
district, as it is in the act, there is no
constitutional reason for any difference
in the remaining districts to exceed i've
hundred or at most Il thousand; and
yet as appOrtiOned under the act, there
; is q difference of seven thousand two
hundred and thirty-three, and this too
is done at the expense of cOmpactness.
Similar views may be regarded as en-.
tertained in respect to a large number
, of counties. IN consequence of the
! very large wards in MlWaukee-eleven
of which contain to exceed ten thou
sand inhabitants each, and one of Which
contains -, 469-it is more difficult to
approximate equality of representation,
but it should be done as far as practi-
cable under the restrictions mentioned.
CompactneSs being of lesser importance,
! may, to some extent, yield, in aid of
F, securing a nearer approach to equality
| of representation; but in some in
, stances in the act in question, it is
made to yield in aid of securing inc
quality of representation. Thus, in Rock
county there are three assembly dis
tricts, and there is a difference in two
of them of 6,2S5, when it is quite Obvi-
Gus that minor fractions of adjoining
towns do not exceed from five hundred
to 4 thousand; and yet the smallest dis
trict is entirely surrounded by one of
the other districts, thus destroying COM
pactneSS in the outside district COun-
sci is undoubtedly right in saying, in
effect, that whether the formation of
such hollow districts destroys it's COM