Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1892-03-30

DEMOCRATIC MENT
WIPED OUT.
IL IS Held to be Unconstitution aI--Sweep-
ing and Unanimous Condemnation
by the supreme Court-Brok
en- Down at Every Point
findings in Full.

| MADISON, Wis, March ZZ.-Ihe SUI
| preme court, IN a unanimous option
| handed down to-day, declares the APP
| portioDment law enacted by the
unconstitutional. 1t advises that the
governor may convene the legislature
| IN extra session for the passage of
| a new and fair superintendent
| law, or that the districts may
remain as they were prior to the act of
| last winter. Acts of previous legisla-
lures that may be affected by this de-
cision are not invalidated by the de-
cision.
The opinion, read by Chief Justice
| Lyon, is as follows:
/ 81. The motion to dismiss the infor-
nation or complaint performs the func-
tons of and In substance and legal eff
feet is Il general demurrer thereto, and
will be so treated.
80. The action as by the attorney-gen-
eral IN behalf OF the state, in a matter
pltbLcj jttris. It may be maintained TO
| enforce the public or common right
| without the Intervention of a private
relator. If there be such Intervention,
it does not affect the enforcement Of the
public right.
SO. The threatened official act of the
secretary Estate, to-Wit: The issuing and
l
members of the legislature under Chap
ter 482, Laws of 1891, which is here
sought to be restrained, is purely min
isterial. In all such matters this
court has jurisdiction to control
either by mandamus or Injunction, as
the eXigencies of the case may require,
the official conduct Of the secretary.
1t cannot be determined whether the
injunction prayed for should be refused
or granted without first determining
whether Chapter 4S2 is or is not valid
law. Hence the Court has jurisdiction
to determine the question of the valid
ity of Chapter 4S2 and to grant or re-
fuse the Injunction accordingly.
81. Section 4, Article ", of the consti-
tuition ordains that Assembly districts
shall be bounded by county, precinct,
town or ward lines" Tie term "pre-
cinct" has ceased to be significant. The
above provision makes the county
the primary territorial unit OF
representation in the Assembly,
and prohibits the ACKNOWLEDGMENT
of counties in the formation of Assembly
districts. Since no Assembly district
can lawfully be formed which includes
territory in two or more counties, unless
the whole of such counties are included
therein, SO that the district is bounded
entirely by county lines, constitu-
tionol Assembly district cannon be
formed which includes within its limits
fractions OF two or more counties or one
county and q fraction of another
county, for in either case the integrity
of county lines would be violated and a
county dismembered. Chapter 4S2,
Laws of 1891, attempts thus to dismem-
Der about twenty counties.
50. Section ;, Article ", of the con-
lr-%I& \ ~ o+ r1-~; i
tricts shall be formed and members of
the two branches of the legislature APP
portioned according to the number
of inhabitants" because the county is
the primary territorial unit in the for
nation of Assembly districts, and mem
bers OF Assembly must first be appor-
toned TO counties or to single
districts containing two or more
counties, the above provision of Section
| ), Article ", as applied to the forma-
ton of Assembly districts, means, phi
marily, that there must be substantial
equality of representation, in proper
ton to population as between all the diff
terent counties and districts containing
two or more counties. That is 20 say.
there must be no material and unnec-
essary inequality in the proportionate
representation in the Assembly
of counties and such districts,
on the basis of population.
Each county and each such district hav-
ing population equal to the numerical
unit of representation in the Assembly
alleged to be 1865 is entitled absO-
lutely to one member of Assembly I'M
less it is found necessary to attach to
such county in the foundation Of an As
sembly district q county having less than
the numerical unit of representation.
For each multiple Of such numerical
unit reached by the population of any
| county such county IS also absolutely en-
Titled to an additional member of Assem-
bly,. The remainder of the 100 members
of Assembly not thus absolutely appor-
toned should be apportioned, on
some uniform equitable rule, to an
equal number of the several
eounties-probablv to the counties hav-
ing the largest fractions Of population in
excess of such numerical unit or
multiple thereof. Chapter 4S2, Laws
of 1891, violates the foregoing rule.
"For example, it gives La Crosse Coun-
ty, with 3S,S0l inhabitants, but one
member of Assembly, while it gives
Mantle voc County, with 81 ,631 inhabi-
! tants, three members.
's6. The apportionment OF the state in
to Assembly districts ;san entire process
To a greater or less extent each part of
an appOruOnment act IS affected
by and dependent upon every other
part thereof. For this reason it is
impossible to expunge from Chapter
482 the portions thereof which violate
constitutional requirements, and sustain
the balance Of the act as a valid
law; hence the whole act is
null and void, and consequently is not q
legal basis for the Issue and publication
| by the secretary of state Of notices of
election of members of the legislature
81. In the formation Of Ass embly dis
tricts in a county entitled to two or
more members, each district must be
entirely within the limits Of the
county, and must consist of entire
| contiguous towns or wards or
towns and wards. These also must be
formed according to the number of in
habitants, which means that the num-
Der Of inhabitants in each district shall
be as nearly as practicable with the
number in the other districts in the
same county, having due regard to the
compactness OF the districts.
IS. Section 5, Article ", prohibits the