Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1896-03-05

visions of the constitution and those
| limitations necessarily or concluslVely
implied from 1t, must be clear ana
| irreconcIlable; and in all matters OF I'M
| limited discretion, or involving any
consideration of public policy, the
determination of the legislature Is final
and conclusive on the courts. Nor Will
| an act be held void by reason or any
supposed improper motives or unconsti-
tutional intentions Of the legislative
BODY which enacted 1t. The respect
which the court entertains for the leg
/ jslative department Of the government,
as well as grave reasons OF public
policy alike, forbid such an inquiry
with view of defeating the operation
Of any public legislative enactment"
I'm my judgment the question OF con-
tiguity and compactncss OF the assem-
hly districts and the convenience ana
c0ntguty Of the several senatorial dlS-
trIcts are matters almost entirely with
in the discretion of the legislature. In
the case last cited our court laid down
this doctrine in regard to assembly dis
tricts, and the language there used IS
clearly applicable to the formation OF
senatorial districts. The court there
says: "Thc mode OF compliance there
with referring to contiguity and com
pactness) must necessarily rest largely
in the discretion Of the Legislature.
Nothing short Of a palpable disregard
of duty in this particular, which 1t Is
scarcely possible to impute to our leg
iislature, would Justify the courts in
holding u legislative apporti0nmcnt
invalid Relying upon this doctrine,
in my Judgment, the questions OF con
tigllIty, cOmpaCtness and convenience
of the assembly and senatorial districts
may be considered as properly settled
by the legislature, and that there Is
nothing which would justify the cXecll-
tive in vetoing the bill for a violation
of any Of those requirements.
"An inspection OF the assembly
journal containing the report OF the
committee giving the population or
each assembly district, shows that
there IL more or less variation between
the population of the several districts.
This cannot be avoided, The only
question would be whether or not the
variation Is 80 great as 10 violate the
plain provisions of the constitution.
After a careful consideration OF the
same am Of the opinion that no such
objection is well founded. In state W..
Cunningham, 81 Wis, page 43l, the
supreme court have said that 1T Is
proper to say that perfect eXactnes9
I'm the apportionment according 10 the
number Of inhabitants Is neither re-
uuIred nor possible In the case OF
state w. Cunningham. In the SO WIS,
$50. where the court discussed the anes-
ton of equality Of representation IN
assembly districts, they use TINS IAN
guapc. but AZ already Indicated, II
Ia Impossible to secure exact equality
of representation by reason of the CON
slitutional hindrances mentioned, ana
II Ia because of such hindranccs, ana
only because of such hindranccs, that
the legislature under the constitution
was Mt liberty to depart from the equal
ily of representation. On the same page
In speaking of the apparent diH'r-
cnco between the assembly unit where
only one asscmblymnn Is granted to Il
county and where two or more assem-
hlymcn are granted to county having
n less population than the sum OF the
units, the court say: IN apporliohlhR
n county into two or more assembly
districts there Is necessarily new unll
of representation. II the assembly IS
10 consist of one hundred members II
must inevitably follow that in some
counties or assembly districts the as
scmbly unit must be very materially
different from that OF others. That TINS
Is permissible Is undoubted from the
doctrine laid down in the 81 WIS, 529
| The court there say that For carh
multiple of such numerical unit rep
resented by the population Of any
county, such county Is also absolutely
entitled to an additional member OF
assembly. The remainder of the one
| hundred members Is thus absolutely
apporlioncd to the counties and dis
! ricts and should Ne apportioncd to an
equal number of the several counties
by some uniform equitable rule; per
haps TO the county having tho largest
! fractions of population in excess OF
such numerical unit of representation
| or multiple thereof. The Legislature
must, however. determine such rule,
Under this rule the legislature proceed
cd to give the second member OF AS
scmhly to the counties of chippewa
and Portage. and careful eXaminn-
ton of the equality of representation
in the assembly districts will, ! think
show that the legislature have attempt.
ed to keep Within the strict spirit and
letter of the constitution
IF criticism Is to he made upon this
n