Oakes weekly Republican. (Oakes, Dickey County, D.T. [i.e. N.D.]) 1883-1898, 1892-09-30
SECOND KNOCK OUT
WlSCONSlN'S kPPORTlONMENT ACT
Again DECLARED VOID.

The Defense Given Permission to Make
Answer to Realtors Compinint-A Gem
eral Disposition Among Democrats to
Abide by the Decision.
MADISON, Sept. 27.-The supreme
court has rendered decision declaring
the npportionment 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 tho rulings of tho 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. Its action was specified in
brief order not exceeding 200 words
which it handed down. The order is as
| follows:
The court holds tina. the order granting
| ca~e to the rrl;;or To uring this action on be-
| half of The state waa p,operly made. Hence
| cate the same and dismiss the action must be
| refused.
(! The court full thcr holds that the complaint
states facts sufficient 10 enite the state to the
| relief demanded. Hence the motion On behalf
! of the state to add II demurrer to the conf
plant Is frivolous and therefore judgment
| must be granted. Such determination of these
| matters i'll effect overruies tie edcmurrcr of the
complaint.
Al. opinion will be prepared and filed
at an early hour. If the defense desires
leave to inteipose answer to the COM
| plaint the court will hear such motion
on the next motion day.
That, SO far as the public has any in
formation, is the full record of the
court OH the subject with the exception
that Associate Justice Winslow gave
notice that lie disscnted from the find
iEgs of his four associates. The latter,
it may be interesting to note, are Chief
Justice Lyon aud Justices Cassoday.
Pinney and Orton. Orton and Pirney
are Democrats and Lyon and C:.ssoday
are Republicans. Winslow, who. dis
sents, is also Il 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 i'll max
ing apportiunments 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
tices after the decision, and although
leave is given to file 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 o Conner said: 1--WE
can stand it if lhe Republicans can.
There is no political advantage to either
party. 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 determine
alton. One Democrutic official suggested
that the court ought to be impeached,
but the general disposition to acquiesce
in the decision prevails.