The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-11-16

Total vote of districts having an ex-
cess of the unit Of representation....5l1
Total vote of districts having less .,
than the unit of ACKNOWLEDGEMENTS
That the whole number Of male inhab-
itants over twenty-one years of age, ac-
cording TO the enumeration OF 1889, in seven
OF said joint districts was 5l,14S. and the
total number of such male inhabitants in
the seven districts having less than the
unit of representation was but 25,322.
That the average number of male inhab-
itants above the age Of twenty-one years
in each of the frst-named seven districts
was 1906. and that the average number of
male Inhabitants in the last-named seven
districts was 1913 to each district, thereby
requiring an excess OF 1861 more male in
habitants in each Of the irst-named seven
districts than in the laSt-named seven dis
tricts.
AS another method of showing the in
equaiItle5 OF the apportlonment the com
plant tabtlates the representative districts
In two groups of twenty each, setting out
the population. Plaintiff AYERS that in the
hrst-named twenty districts 1t required an
average of 1868 male inhabitants more than
twenty-one years of age to create one rep
resentative district, while in the last-named
twenty districts it required but 4,074, an ex-
or the hrst-named twenty than is required
IN the last-named twenty. In the first
named twenty there was a total of 139, 1884,
while I'm the last-named twenty there were
but 81, 491.
The complaint then AYERS that an cleo
ton for members of the Legislature will be
held next November, setting out the dis
tricts from which they ere TO be elected,
and alleges that unless they are restrained
the officers named as defendants will issue
notices according TO the act of 1898.
THIRTEEN REASONS.
The plaintiff alleges that the apportion-
ment of 1893 is unconstitutional and void,
for the reasons following:
First-That it is not an a-pportionment of
htty Senators and one hundred Representa-
tiVeS among the several counties compos-
ing the State of Indiana according to the
number of male Inhabitants above twenty
one years of age in each county in said
state, as shown by the enumeration OF 1889,
as heretnbefore set out.
"Second-Tnat by the enumeration of 1889
the age or twenty-one years in the several
counties Of said State was 551.04S, making
9,o1O the representative unit, and any county
having more than this was entitled to one
individual representative. That the county
Of Jay, according to the enumeration of
1889. had 5,S25 male inhabitants in excess
of twenty-one years of age. That by the
said apportionment act OF 1893 Jay county
is denied q separate and Individual repre-
sentative and is thrown into a JOINT district
composed OF Adams. Jay and Blackboard
countless, and these three counties are ap-
portioned two joint representatives, Adams
county having Ago. male inhabitants over
twenty-one years of age and BlackfOrd
county having but 2,440.
Third-That by the apportionment of 1893
the county of Clark, having but 1904 male
inhabitants over twenty-one years of age,
was made a part of the senatorial district
composed of the counties of Clark, Scott
and Jennings, and also q part OF the sena-
Clark and Jefferson. That according to
said enumeration of 1889 11,020 male inhabi-
tants over the age of twenty-one years
constitute the one-fiftieth Q-5O part of the
whole number of male inhabitants in the
State Of Indiana, fixing that number as the
senatorial unit. Clark county did not have
enough for even one senator.
Fourth-Harrison county. with but 1887
voters. has one individual representative
and is also permitted TO control the district
Of Floyd, Crawford and Harrison.
Fifth-A joint representative was given to
Madison, Clinton and Upton. Upton had,
according to the enumeration of 1889, but
1886 voters and after the apportionment of
a separate representative to it it's right TO
representation was fully exhausted, and its
use for the purpose of Joining the unreprec.
sented fractions or parts of the county of
Clinton with the county Of Madison was I'M
constitutional and void because Clinton and
Madison did not thereby become contiguous.
Sixth-A Joint representative. district 80
composed of the counties of Ripley, Frank
lin and Union. Ripley county is first ac-
corded one representative having but 1873
voters, or 6S7 male Inhabitants less than the
unit of $50. Franklin county is also given
one separate and individual representative,
although having but 1851 voters. The coun-
~ of Union had but 1878 voters.
Seventh-The county OF Owen, haying but
3.744 voters, is apportioned one separate and
Individual representative, while the same IS
denied to Jay, having a population Of 5,S25
voters.
Eighth-That one Joint representative was
2pportioned to Montgomery, Putnam and
Clay after one representative each had been
apportiOned to the counties of Putnam,
Montgomery and Clay. Putnam had but
5,419 voters, and after the ap~portionment
Of q separate representative it's right TO
representation was fully exhausted and it's
use for the purpose of joining the unrepre-
scented fractions or parts of Montgomery
and Clay counties was unconstitutional be-
cause MONTGOMERY and Clay dld not thereby
become contiguous.
Ninth-That the county of Sullivan, hav-
ing but 5,237 voters, is apportioned one rep
resentative and the county of Nigo, having
1887 voters, was apportioned two separate
representatives and the county of Vermil-
lion. having 1891, is given one. 1t is then
sought by uniting the whole enumeration of
1891 in Vermillion county and the excess OF
2,297 in Vigo county and by adding to the
county of sullivan, with no excess, to create
4 Joint district composed Of the counties Of
Sullivan, Vigo and Vermillion.
~Tenth-Grant and Madison counties, hav-
ing 1870 voters, are apDortioned but one
senator, while the counties of Lagrange and
Steuben, but S,155 together, are apporrioned
one senator.
Observation-Disclosures and Wabash. coun-
ties. having 14,4f2 voters together, are ap-
portioned but one senator, while the coun-
ties of Newton, Jasper and Benton, having
but s,167 together, are apportioned one SEN
qtor.
observation-disclosures and Randolph counties,
having 14.3Ss voters, are apportioned but one
Senator, while the counties of Warren and
Fountain, having but S17S, are apportioned
one Senator.
countieS having l., 49i voters together. ara
apportioned but one Senator. while Cass,
having but S,449. is apportioned one Senator.
Plaintiff further AYERS that unless this
court DEGREES that the act is unconstitutional
and void, and ~enjoins the defendant from
acting under the same, the General Assem-
bly, will not enact a valid law apportioning