Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-09-28
HAVE TO TRY AGAIN
Wisconsin's Second Apportion-
nent Doesn't Stand Fire.
SUPREME COURT" KNOCKS IT OUT"

The Legislature Given an Opportunity to
Try Its Hand Once More-One Judge
Dissents, Two Democrats and Two Re
Publicans AgreeinG-New York's Labor
Commissioner Explains His Position ~
to Those Manufacturers Reports in an
Amdavit-Notes From the Political
Field.
MADISON, Wis, Sept. 2s.-The so-called
sgerrymander" suit No. ., brought nomin-
ally by c. +. Lamb, of this city, as relator, but
really backed by the Republican party and
ex-senator Spooner, present Republican
candidate for governor, was decided by the
supreme court yesterday favorable 10 the
Republicans, and adversely to the score
tary of state. The action was injunctional
TO restrain the secretary of state from con-
tinuing the publication of election notices
under the legislative apportionment law
enacted at the special session of the legisla-
ture two months ago, and from otherwise
carrying out the provisions of the act.
Attorney General O'Conner's Stand.
The primary move in the case was for an
order from the court permitting the relator
as a private citizen 70 bring the suit in the
name of the state if Attorney General
O'Conner, a Democrat, refused 10 do so.
Such order was granted six weeks ago,
and the attorney general, exercising his
prerogative, declined 10 bring the action
and formally forbade it being brought in
the name of his office, the court having,
however, already granted the relator such
right The complaint claimed that the
present apportionrnent was unconstitutional
because senate and assembly districts were
not formed as the constitution requires, in
as compact form as practicable, and that the
fundamental law was further violated be
cause districts were not of equal population,
or near as may be.
The Court Doesn't Waste Time.
Senator Villas entered a demurrer TO the
complaint on the ground that the suit was
not properly brought, insofar as it must
come through the attorney generals Office,
and that, also, not sufficient facts were
stated to constitute cause of action. Then
the relator, through Col onel George W.
Bird, Senator Spooner, and his attorneys
moved to strike out the demurrer as frivo-
lous. The court three weeks ago denied the
motion to strike out, rtfised the whole ques-
ton of the constitutionality of the law, and
for four days last week arguments were
made, Villas alone speaking for the defense
and Bird, Spooner and c. +. Estabrook
and George c. Green for the relator.
OverruIes the Demurrer.
In view of the proximity of the general
election the court dropped all other work
in order to give early decision, which
was rendered yesterday. The following is
the order made by the court: 1.-The court
holds that the order granting leave TO the
relator to bring this action on the behalf of
the state was properly made and the court
has jurisdiction of the action in it's present
form; hence the motion on behalf of the de
PENDANT 10 vacate the same and dismiss the
action must be denied. The court further
holds that the complainant states facts suf-
fcient to entitle the state to the relief de-
manded therein. Hence the motion on be
half of the state 70 strike out the demurrer
to the complaint as frivolous and for judg-
ment must be granted. Such deternina-
ton of these questions in effect overrules
the demurrer to the complaint. An opinion
will be prepared and filed at an early date.
IF the defendant desires leave to interpose
hear a motion for such leave on the next
motion day"
Effect of the Decision.
Associate Justice Winslow dissented. The
court is composed of three Democrats and
two Republicans and hence two Democrats
agreed with two Republican judges. The |
decision is n complete victory for relator and !
another special session of the legislature !
Will no doubt be called at once to enact a !
new law The suit did not involve the con- |
gressional apportionment. The decision !
viii require new Legislative nomations to |
be made and will vitiate the score or more |
8lready made. Under the law just set aside |
the Democrats could easily control both |
branches of the Legislature and thus elect a |
Democratic United States senator next |
winter. |
PECK MAKES AN AFFIDAVIT.