Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1892-03-31


ties. unless the whole of such counties
are included therein, so that the district
is bounded entirely by county lines. A
constitutional assembly district cannot
be formed which includes within its
limits fractions of two or more counties.
or one county and fraction of another
county. for in either case the integrity
of county lines would be violated and a
county dismembered Oh. 1872. Laws of
1891, attempts thus to dismember about
twenty counties.
Sec. 3, Art. " of the constitution pro-
vides, that legislative districts shall be
be formed, and members of the two
branches of the legislature apportioned
- according to the number of inhabit-
ants. because the county is the primary
territorial unit in the formation of as
sembly districts and members of assem-
bly, must first be apportioned to coun-
ties or to single districts containing two
or more counties, the above provisions
of Sec. 3. Art. ", as applied to the
formation of assembly districts, means
primarily that there must be substantial
equality of representation. in proportion
to population, as between all the differ
ent counties, and districts containing
two or more counties. That is to say,
there must be no material and unneces
sary inequality in the proportionate rep
| resentation in the assembly of counties,
and such DISTRICTS, on the basis of popu-
lation.
Each county and each such district
having population equal to the numer-
lcal unit of representation in the assem-
bly, alleged to be 6,36S), is entitled absol-
utely to one member of assembly. unless
1t is found necessary to attach to such
county, IN the formation of an assembly
district, county having less than the
numerical unit of of representation. For
each multiple of such numerical unit
reached by the population of any
county, such county is also absolutely
entitled to an additional member of
assembly.
The remainder of the one hundred
members of the assembly, not thus alb
solutely apportioned, should be appor-
toned, on some uniform equitable rule,
to an equal number of the several coun-
tles,- probably to the counties having
the largest fractions of population in ex.
cess of such numerical unit or multiple
thereof.
Oh. 4S2, Laws of 1891, violates the fore
going rule. For example it gives La
Crosse county, with 49, sol inhabitants.
but one member of assembly, while it
gives Manitowoc county, with 81, S31 in
habltants three members.
The appOrtiOnment of the state into as
sembly districts is an entire process. To
a greater or less extent each party of an
pportionment act is affected by, and de-
pendant upon, every other part thereof
For this reason, 1t is impossible to eX-
punge from Oh. 4S2 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 legal
basis for the issue and publication by the
secretary OF state of notices of election of
men. bers of the legislature
Z. In the formation of assembly dis
trio ts in county entitled to two or
more members, each district must be en-
tirely within the limits of the county,
and must consist of entire contigu-
GUS towns or wards. These also must
be formed according to the num-
Der of inhabitants" which means that
the number of inhabitants in each dis.
trict shall be as nearly equal as practical
BILE with the number in the other dis
tricts in the same county, having due re-
gard to the cOmpactness of the districts
Sec. s. Sec. 5, Art. ", prohibits the
division of assembly districts in the for
nation of senate districts. Thus the as
sembly district is constituted the terri
torial unit of the senate district. Hence,
until, the assembly districts are formed
no intelligent apportionment of the state
into senate districts can be made. Sen
ate districts must consist of convenient,
contiguous assembly districts. They
must also be formed, according to the
number of inhabitants"
9. The court finds in the constitution
no limitation upon the power of the leg
islature to number the senate districts as
it sees fit.
10. This decision does not impeach
the validity of acts otherwise valid of a
legislature elected under an invalid leg
islative apportionment statute. Neither
is the Jurisdiction of the court affected,
nor the exercise thereof embarrassed by
the fact that this decision may leave the
state without valid legislative appor-
tlonment law, and hence without any
law for the election of another legisla-
ture. The governor may convene the
present legislature, if he thinks proper,
and when so convened, there can be no
doubt OF its power to enact valid legis-
lative apportionment law.
II. For the foregoing reasons the mo-
ton to dismiss the information or COM
plant is denied, and the secretary is
allowed twenty days to make answer
thereto as he may be advised.