New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-03-23
WISCONSIN'S GERRYMANDER.
DECLARED VOID BY THE SUPREME COURT.
\ UNANIMOUS OPINION BY THREE DEMOCRATIC
AND TWO REPUBLICAN, JUDGES.
rBr TELEGRAPH 70 THE rnIBuxE.I


AND TWO REPUBLICAN JUDGES.
IBr TELEGRAPH 70 THE TMBUSEi
milwaukee,, March 22.-rhe Wisconsin supreme Court
fired a shot today which will bc heard throughout the
Nation. 1t holds That the Democratic gerrymandcr Of
the Senate and Assembly districts Is unconstitutional
and therefore void The opinion handed down says the
apportiOnment by the Democratic Legislature violates
and destroys Of the highest and most sacred rights
and privileges Of the people Of the State. The gerry
mander is broken at every point and the whole act Is
Swccpngy condemned by a unanimous court, consisting
Of three Democrats and two Republicans.
There is rejoicing oil the state to-day, and cx
senator John C.. spooGer, who conceived the fight ard
made OF the most memorable arguments on the
question ever delivered before the court is being
showered with congratulations from all sections 1t is
a great victory for the ex-senator well for the
people. The star Of hope Of Wisconsin Republicans
is rising brilliantly.
The court held that the Constitution Ordans that
Assembly districts shall be bounded by county,
precinct, town ward lines Since Assembly
district lawfully be- formed which includes terri
tory in two or more counties, unless the whole OF
such counties ncuded therein, that the dlstrc
Is bounded entirely BY county lines constitutional
Assembly district cannot be formed which includes
within It's limits fractions Of two counties, or
county and fraction OF another county; for In
either the integrity Of county lines would be
violated and a county dismembered. Chapter 452,
Laws Of 1891, attempts thus TO dsmember about
twenty counties. The Constitution provides that
legislative districts shall be formed and members OF
the two branches Of the Legislature apporoned ac-
cOrding to the number Of inhabitants. Because the
county is the primary territorial unit In the formation
Of Assembly districts, and members Of Assembly must
first be apporoned to counties to single districts
containing two counties, the provision OF tho
Constitution applied to the formation OF Assembly
districts means, primarily, that there must be sub
stantlal equality Of representation, In proportion TO
population, between all the different counties and
districts containing two or more counties.
The apportionment OF the state into Assembly dis
tncs is entire process. To greater less
extent each part Of apportionment act is affected
by, and dependent upon other part thereof For
this reason it is impossible to expungc from Chapter
4s2 the portions which violate constitutional require
ments and sustain the balance Of the act valid
law Hence the whole act Is null and void. and
sequenty is not legal basis for the issue and pub
caion By the Secretary Of state Of notices Of cleo
ton Of members Of the Legislature.
Section >, Article ", of the Constitution prohibits
the division Of the Assembly districts the formation
of Senate districts Thus the Assembly district is
sttrted the territorial unit Of the Senate district.
Hence until the Assembly districts formed. in
tegent apporionment Of the state into Senate dis
trcts be made.
The court finds In the Constitution limitation upon
the power Of the Legislature to number the Senate
districts secs fit. This decision does not impeac
the validity Of acts otherwise valid Of Legislature
elected under an invalid legislative apportionmrnt
statute Neither is the jurisdiction Of the court affect
ed the exercise thereof embarrassed by the fact
that this decision may leav ethe state without valid
legislative apportionment law and hence without any
law for the election OF another Legislature. The Gov
may the present Legislature, il he thinks
proper, and when nvened there can be doubt
OF It's power TO enact valid legislative apportionment
law