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

Madison, Feb. 30
The apportionment bill passed at the
session of the Wisconsin legislature
for 1896 is now the law OF the state and
since ~ o'clock Friday the extra ses-
sion has been matter history. Just
before that hour the governor sent to
the legislature message announcing
that he had signed the bill and after
finding out thEt there was no further
business to transact, the speakers In
both houses declared the legislature
adjourned sine die. During the morn
ing Attorney General Mylrca formally
put his stamp of approval on the new
appOrtionmcnt bill in an opinion In
which he declared that AZ far as the
legal questions involved in the passage
OF an apportlonment bill were CON
Cerned he considered the measure
which has just been passed by the
Wisconsin legislature constitutional.
The opinion was rendered by Mr.. Myl-
rea ut the request Of Gov, Upham and
1t was upon the advice given In the
opinion that the governor acted when
he sent to the legislature the message
in which he gave his approval to the
new apportionment bill. Mr.. Mylrca's
exposition OF the law governing appor-
tionments IN an elaborate one, and Is
probably the most thorough digest OF
the subject which has been made since
the briefs on the first and second
a nInr hills l.
though rendered before the message or
the governor was framed, II was not
until afternoon that the opinion Of Mr.
Mylrea was made public as the gov
ernor felt that IN it was given for him
alone he had no right to allow the
press to use the opinion unless the con
sent of Mr.. Mylrca was given to such
n step. The latter II little after ]
o'clock announced thnt he was willing
the opinion should be given out ana
copies were then made of 1t for the
papers. Following Is the opinion,
which Is addressed to the governor:
Section 3 of article ~ Of the consll-
tuition provides that THE legislature
shall apportlon and district anew the
members of the senate and assembly,
according to the number Of inhabitants
excluding Indians not taxed and sol
djcrs or officers OF the United states
army and navy Section 4 of article
" provides that the assembly districts
must be bounded by county, precinct,
town or ward lines, to consist OF con
tlguous territory and be In ns compact
form az practicable Section pro
yidoR that "rhe senator's shall be
chosen by single districts of convenient
contiguous territory sand no
assembly, district shall be divided in the
formation of Il senate district.
THE basis of every appoltlonmcnt
provided under the constitution Is
equality of representation. Without
having an cXnCt map Of each mbIN
district, II would be impossible to Civ"
an opinion upon the question OF the
contInguity and compaCtnesS OF caCh
individual assembly district So far
ns | can ascertain II Is conceded that
the formation of the assembly districts
In the latter respects Is strictly WITHIN
the discretion vested In the legislature
by the constitution. While there may
be assembly districts and also senate
districts which In form and population
might be differently divided and pos
slbly be nearer an ideal act of appor-
tionment, nevertheless there Ia II Ger
tain latitude allowed to the legislature
of which they are the sole Judges and
which ought not to be disturbed unless
II Is apparent that there was wilTul
purpose upon it's part to violate the
plain provisions of the constitution,
The duty Of the executive in con-
sidering measure of this kind Is very
similar to the duty resting upon the
courts when called upon to pass upon
the constitutIonality of any act of the
legislature. Our own supreme court
In considering this question uses the fol
lowing language: In order that the
court may be justified in declaring the
net of the legislature void the rcpug
nance between II aud the express pro