Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-08-12

more member of assembly than is allotted
to Monroe, with over twenty-four thou
sand more inhabitants, as we'll rs allow
ing to Duchess county, with Is, 07S pee
pie, two members, and TO st. Lawrence,
With S0,679, only one member. these are
violations which are clearly utterly un.
necessary, and because of them the act is
void. The provisions of an act of this
kind are so largely dependent upon each
other that if part of them violate the con-,
stitution the whole act must he declared
void. For these reasons motion for
mandamus is denied, wi h costs.
1.-The representative population of the
state, RS shown by the returns made to
the Legislature, Is j. 100, S65 so that the
population CT each of the thirty-two
districts, if all could be equal, would be-
$50, 500, The country districts contain
the following population: Sixteenth,
l99 ,675; seventeenth, 176 GAL eighteenth,
l6o 500; nineteenth, 1856 1853; twentieth,
116, 1879; twenty-hrst, 229,O06; twenty
second, 2l5 ,947; twenty-third, 1876 48l;
, twenty fourth, 18l 1872; twenty-ffth,
20l, OF; twenty sixth, 2O7 SIT; twenty
seventh, 169 499; twenty eighth, ISL 80;
twenty inth, 1856 ,922; thirty st cond
l76,O23.
ut is TO be noticed that the twenty
first to the twenty sixth districts iucIus-
sive, contain l ,233, 748, or an average
population Of POS .642, being altogether
AS 334 more than the ratio, while the
seventeenth, eighteenth, nineteenth,
twentieth ard twenty-seventh contain
844, 1913 or an average popula-
II II of 1853 SO, and altogether 60 100 less
than the ratio. Yet in those eleven dis
tTlcts are forty counties In one body vary
ing in population fror 4 1874 to 1876 748,
SO that almost any division would seem
possible to the IN.
In New York county, xEe-e the DIS
tricts are divided by street lines so that
there is no difficulty in equa;zing the
numbers, the variation is still more re-
markab'e. The ninth district has 164, 936
and the tenth 2O6, 1853. Tue eleventh,
twelfth and thirteenth districts are carved
out of the nineteenth and twenty second
wards, with part of the twelfth and twenty
third wards and they lie together. Yet
the eleventh contains 1861 the
twelfth los, 100 and the thirteenth 241,-
1873.
Albany county, with 1876, 748 people, is
made one district. Erie county, with
304, 7l2, is made into two districts. If
the proportion between city and country is
unjust. New York, Putnam and West
chester are together formed into nine dis
tricts with an average population OF 174,
CSC, or 6,840 each less than the ratio,
while the remainder of the state has
twenty districts with an average
population Of 1873 666, or 2 767 each more
been divided into eight districts each
would have an aver ,ge of 1T 1896, or each
one 3, 103 less than the ratio leaving to
the state at large twenty-four senators, or
an average of one TO 18l $50, or | ,053
more than the ratio, which then would
have given New York an advantage over
the rest Of the state.
"The manner of performing this duty is
also prescribed The provision of the
constitution, as | have shown above, is
mandatory and not by way of advice or
sug gestion only. The limited discretion
one, but one TO be extended as far as
may be necessary. When it appears, as
it does here, that the narrow and limited
discretion is departed from so widely that
it cannot possibly be accounted for ON the
ground of necessity or even of convenience
then lbe conclusion is inevitable that no
ois cretion has been used, but
the people have expressly required that
the limit of necessity should be observed.
"The power to apportion is limited by
the conditions of the grant and these
conditions inhere In it. When the legis-
ature dlsIegards them it goes beyond its
limits and the legislature
enacts that which the people have forbid
den.
81 see no reason why the courts should
not take their stand at that point and
assert the supremacy of the fundamental
aw. As is said by Judge Allen, 'Usurpa-
ion Of power or tie exercise Of power in
disregard Of express provision or plain in
emit of the instr ument as necessarily i'm
piled from all its terms cam stain
ID under the pretence of liberal or
Interpretation or in Difference
o the judgmentof the legislature or some
imposed necessity"
THE queen has knighted the lord mayor