Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1892-03-25
Section IL of Article xiv of the Con-
stitqtiOn Unconstitutional.

On last Tuesday the supreme court
Of this state handed down decision
in the proceeding to set aside the last
apportIonment Of the state, in which
it is decided that such apportionment
is unconstitutional and void.
The chief ground upon which they
so decide is as follows:
Section 4, article iv of the consti-
tuition, ordains that assembly districts
shall be bounded by county precinct,
town or ward lines The term 'pre-
cinct' has ceased to be significant.
The above provision makes the county
the primary territorial unit Of repre-
sentation in the assembly, and pro-
hibits the ACKNOWLEDGMENT of counties
in the formation of assembly districts,
hence no assembly district can law
fully be formed which includes terri
tory in two or more counties, unless
the whole of such counties are in
Guided 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
a fraction Of another county, for
in either case the integrity of county
lines would be violated and a county
dismembered. Chapter 1872, laws of
1891, attempts thus to dismember
about twenty counties"
1t appears that John c. Spooner re-
lied upon the above cited section of
the constitution, almost wholly in his
attack upon the last apportionment,
but little heed was paid to his claim,
as people generally believed the court
would not declare a portion of the con-
stitution itself unconstitutional, yet
that is the result.
Section II of article xiv of the state
constitution declares as follows:
"The precincts of Dallas, Peddler's
Creek, Mineral Point and Yellow Stone,
in the county of Iowa, shall constitute
an assembly district" Again.
1.-The precincts of Franklin, Dodge
vile, Porter's Grove, Arena and Per-
cussion, in the county of Iowa, and
the county Of Richland, shall consti-
tute an assembly district"
By that apportionment Iowa county
was dismembered, and part thereof
attached to Richland county and made
an assembly district, which act accord
ing to the decision is unconstitutional,
although done by the constitution it
self, adopted and sanctioned by vote
of the people of the state forty-three
years ago. But the constitution went
farther than to dismember county,
for section II, article xiv declares as
follows:
1.-The precincts of Benton, Elk
Grove, Belmont, Willow Springs, Prai-
RE and that part of Shullsburg pre-
cinct north of town one, in the county
Of Lafayette, shall constitute an
assembly district" And
1.-The precincts of Wiota, Wayne,
Gratiot, White Oak Springs, Fever
River, and that part of Shullsburg
precinct south of town two, in the
county of Lafayette, shall constitute
an assembly district"
Here the constitution itself divided
the precinct of Shullsburg, making
one portion of it part of one assem-
bly, district, and the other portion a
part of another assembly district, some
thing which the decision says is uncon-
stitutional.
The trainers of the constitution,
who composed and considered every
line, section and article contained
therein, construed that constitution
to allow part of one county
to be added to another; yes, even
allowed a town to be divided, so
as one part would be a part of one
assembly district and the other part a
portion Of another assembly district.
but the construction of the constitu-
ton by the decision of the supreme
court decides that such divisions is
unconstitutional.
From this it appears that the franz
ers of the constitution, among whom
were erasmus Cole, Charles Dunn,
Edward V. Wilton, and Experience
mot Necessity Estabrook, miscon-
strued the provisions of the constitu-
ton they had drafted, after having
had the benefits of the labors of the
first constitutional convention, among
whose members were George B. Smith,
J. Allen Barber, Marshall NJ. Strong,
Moses NJ. Strong and Edward G. Ryan.
The democrats in the last apportion
ment construed the constitution as
Orsamus Cole, Charles Dunn, Edward
V. Wilton, Experience Estabrook,
George B. Smith, J. Allen Barber,
Marshall NJ. Strong, Moses NJ. Strong
and Edward G. Ryan, construed it in
first apportioning the state as to
county and town lines; and, if, in fol-
lowing the construction placed upon
that article by Justice Dunn, Chief
Justice Cole, Chief Justice Whiton,-