Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-10-07

an extra session.
Final Proceedings. !
The final act in gerrymander suit
No. , was played in the supreme court
at 10 o'clock Saturday morning when
the court denied the motion of Senator
Villas, attorney for the secretary of
state, for leave to make answer. 1t
also ordered Judgment for the relief
of the Jelator to be entered. Justice
Winslow again dissented. The court
then went on hearing another ease.
Senator Villas and Col. Bird were both
present. In the afternoon the latter,
after submitting the document to the
supreme court and obtaining for it
the formal sanction of that body,
served upon Assistant Secretary of
State Leonard, in the absence of Sec
rotary Cunningham, certified copy of
the Judgment Of the supreme court,
thus completing the last Formally in
the famous case of 1.-The state of Wis
ConSin upon the relation of Charles +.
Lamb, relator, VS.. Thomas J. Gun
ningham, secretary of state"
Stripped of some of its opening and
closing Nerbiage the Judgment, which
is dated Oct. l, reads:
The summons and complaint in this
action having been personally served
upon the defendant on the 10th day of
August, 1892, leave to commence the
action having been heretofore duly
given. and the defendant having on
the Sth day of September, 1892. i'll
tcrpoSCd 4 demurrer to the complaint
and also served notice OF motion to
Vilcdte the order granting leave to
commence the action, and to dismiss
the action, and the plaintiff thereafter
on the same day having served Il no
tlce of motion to strike out said dcnur-
CT us frivolous and for Judgment in
favor Of the plaintiff rs prayed for
i'll the complaint; and the said motions
having been duly argued and submitted
to the court on the goth, DIST and 21l
days Of September, 1892, and the court
having taken the same under advise
ment and having on the 9th day of
September 1892, announced its iudg-
ment and decision thereof denying de
fCndaEtS molten to vacate said order
granting leave to commence this action
ana granting PLAINTIFFS motion to strike
out said demurrer lis frivolous and for
judgment. and directing also that ii
the defendant desires leave to iutcr-
pose an answer to the complaint, the
! court would hear Il motion for such
leave on the l.cXt motion day, to-Wit,
September 3Oth; and the said motion
having been submitted to the court on
that day, and the court having taken
the same under adviScmcnt and on this
F.! first day of October having denied de-
! PENDANT said motion for leave to an
SWer and directed Judgment in favor
Of the plaintiff, rs prayed for i'll the
complaint.
''NOW, therefore, upon motion of
PLAINTIFFS attorneys, it is adiudgcd and
decrce0 that the defendant, Thomas
J. Cunningham, secretary of state OF
the state of Wisconsin, and his success
sors i'll office be, and each of them is,
perpetually cnjoinCd and restrained
from publishing and continuing TO pub
lish in a newspaper printed at the scat
of government, once in each week,
until the general election to be held Oh
the eighth day of November, 1892, or
otherwise, = copy of the notice III writ
ing made out by him, dated July -,
1892, and stating that at the next gen
eral election, to-Wit, the election to be
held on the Sth day Of November, 1892,
members of the assembly and senators
| from the even senatorial districts would
be elected, and specifying i'll the case
Of mmbcrs of the assembly and senators
the respective districts in which they
! were SO to be elected us created or at
! tempted to be created by chapter one
passed at the special session of the leg
iSlature of Wisconsin i'll the year 1892,
! entitled "An act to appOrtiOn the state
Of Wisconsin into senate and assembly
districts" approved July LIST, 1892, be
ing the notice of election mentioned III
the complaint herein; and the said
defendant is hereby commanded to
1T once withdraw the said notice from
publication and to discontinue further
publication thereof, SO far only as The
election of senators and members OF
assembly, as therein specified, is CON
/ CernGd.
''And it is further adjudged and de-
creed that the defendant, Thomas j.
Cunningham, secretary of state, IS
aforesaid, and his successors in Office
be, and each of them u.s. hereby perpet
ually enjoined and restrained from fill
ing and preserving in his office cert,
ficates of nomination and nomination
papers of candidates for members Of
the legislature of this state in and
from senate ana assembly districts
greater than a county, as created by
said chapter che.
'And it is further adjudged and de-
creed that the defendant, Thomas j.
Cunningham, secretary of state, as
aforesaid, and his successors in office
be and each of them is hereby pcrpet
ually enjoined and restrained from GER
tifying to the county clerks of such of
the counties of this state as are EN-
Draced in any senate or assembly dis
tTict greater than one county, as Great
ed by said chapter one, the names and
descriptions of the members nominated
for such legislative offices as specified
in such certificates of nomination and
nomination papers"
Senator Villas left for Milwaukee, last
evening where it is supposed he will
consult with Chairman Wall and others
relative to future procedure
A state official said yesterday that
u