Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1892-03-31
Judge Lyon.


The following are a few extracts from
Judge Lyons opinion:
AS already stated it is quite impossi-
Bile to uphold the pportionment of 1891
in part, and declare it invalid as to the
residue. 1t must be held, therefore,
that the Violations of the constitutional
rule prohibiting the dismembermen of
counties vitiates the whole act.
Chapter 4S1. of 1891, violates another
constitutional requirement. Section 3.
article t, ordains that apportlonments
of legislative districts shall be made
according to population" excluding
therefrom certain classes of persons
therein specified. Because the county
is the primary territorial unit in the
formation of assembly districts, and
members of assembly must first be
aLpOrtioned to counties. the above pro-
vision of section 3, as applied to the
formation of assembly districts, must be
construed TO mean that there must be
substantial equality of representation,
in proportion TO population, as between
all the different counties, and districts
composed of two or more counties.
That's to say, there must be no unneces-
sary inequality in the proportionate
representation in the assembly of count
les, and of such districts on the basis of
population.
Each county and each district CON
sisting of two or more counties, having
a population equal to the numerical
unit of representation in the assembly
(alleged to be 1885, is entitled absJ-
lutely TO one member of assembly,
unless it should be found necessary 90
place a county not thus entitle to a
member in q district with a county
which would otherwise of itself be en-
titled to one member. Chapter 1872
violates the foregoing rule For exam
pie. it gives to La Crosse county, with
80, 801 inhabitants, but one member of
assembly, while it give Manitowoc
county, with 81, 1871 inhabitants, three
members.
1t may be urged that any equality of
representation in the different assembly
districts is in measure removed. or
compensated for, in the formation of
Senate districts, as, for example. La
Crosse county, which is deprived of one
assemblyman TO which it is absolutely
entitled, is made a Senate district, al
though It lacks about 200 inhabitants
of the numerical unit of represent ation
for Senate district. On any proper
rule If appoftionment. this cannot be
done, for the very conclusive reason
that the constitution gives each county
an absolute right to its proportionate
representation in the assembly, without
regard to its representation in the Sem
ate. Moreover the assembly district is
the territorial unit of the Senate dis
trict, and the latter cannot be intelli-
gently formed until the limits of the
| assembly districts are established.
After the numbers of members of
assembly to which each county is en-
titled shall have been ascertained by
the rules above stated, the next step
will be to divide each county into the
requisite number of assembly districts.
each of which must consist of contiguous
territory. In making such decision, the
rules OF compactness and numerical
equality of population, so far as prac.i-
cable, are also imposed upon the legis-
! lature by the constitution. These latter
requirements are largely modified by
| other constitutional rules, especially the
rule which prohibits the ACKNOWLEDGMENT
of towns and wards.
When the assembly districts shall
have been properly apportioned
and not until then, is there proper
basis for the formation of Senate dis
tricts. Each of these must consist OF
entire assembly districts, and must be
formed Of convenient contiguous terri.
tory. They must also be as nearly
equal in population as other conStitu
tional requirements will permit
The decision herein does not impeacl
the validity of the acts otherwise valic
OF legislature elected under an invalic
legislative apportionment statue Meth
er IS the jurisdiction of the court affect
ed, or the exercise thereof embarrassed
by the fact that this decision leaves ol
may leave The state without a valid leo
islative apportionment law. and henc,
without any law for the election of an
other legislature The governor may
convene the present legislature, if b,