Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1894-06-16
A GREAT VICTORY.
The Democratic Apportionment
Must Stand.
TIE SUPREME COURT DECISION

Because II Ii . Court oil Equity and the
Suit to Set Aside the Division of 1898 10
Purely Political-Judge Moran's Con.
tentiOn Upheld and the Decisions Of the
Lever Courts Amrmed-Points Of the
Opinion.
SPRINGFIELD. Ills, June l6.-Ry a de-
cision of the supreme court Of the state
the 'igerrymander" Of the legislative
districts made by the Democratic legisla-
ture in 1893. stands. The decision was a
unanimous one. Judge Slope. whose
term has virtually expired, did not take
part in the decision. The supreme court
was asked to take action on the case by
two appeals from the circuit court. One
case was that of James p. Fletcher, of
Vermillion county, against County Clerk
futile. This case was brought before
Judge Bookwalter at Danville, ex-Attor.
ney General Hunt appearing for the
petitioner. Mr.. Fletcher, who is a candi.
date for the legislature, represented to the
court that he had a vital interest in hav-
Ing the apportionment's validity decided.
Decisions OF BookwRlter and Creighton.
His county had been placed in another
legislative district by it, and he desired to
have the county clerk restrained from
sending out notices for the election until it
was decided that the transfer of the county
was legal. Judge Bookwalter sent the
case to the supreme court, declining to
hold the gerrymander unconstitutional.
The other case. that of Blair Cpop.) vs.
Henrichsen, secretary of state, was of
the same nature, but brought before
Judge Creighton, at Springfield. Blair
attacked the act on the ground that the
districts under the Gcrrymander were not
nearly equal in population. and that the
parts composing them We're not compact
and contiguous within the meaning of the
constitution. Judge Creighton ruled
against all these propositions. He said
the constitution provided minimum and
maximum of population in district and
rs long as the district was within the two
extremes that was all required.
Affirmed by the Supreme Court.
He also declared that contiguous meant
touching and regardless of how much
touching there was. that being also a mat
ter left to the legislature. These cases
were appealed at once to the supreme
court. and it affirms the decisions of the
NuhitS VI anu .-d1lEHS
mon counties and dismisses the bills for
want of equity and jurisdiction. The de-
cision is voluminous one, containing
about 1000 words. and sustains the posi-
ton taken by Judge Moran. who made
the principal argument for the appellees
1t is held. in substance, that n court of
chancery cannot take cognizance of mat
tiers of political character; that the sub
ject of chancery jurisdiction is civil prop
erty, and that, therefore, the question in
volved being political one, and the relief
sought being by bill in chancery, the
court has no jurisdiction.
Political Rights Not Ruled Ont.
The court is careful TO explain, 1--WE
would not be understood as holding that
political rights are not a matter of judicial
solicitude and protection, and that the ap-
propriate judicial tribunal will not in
proper cases give prompt and efficient pro-
lection, but we think they do not come
within the proper cognizance of courts of
equity" Referring to the claims made
by the comp!ainants the court says: THE
rights thus asserted are all purely polt-
ical, nor, so far as this question is con-
cerned, is the matter aided in the least by
the attempt made by the complainant in
each bill to litigate on behalf Of other
voters or Of the people of the state gen.
orally"