The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1896-02-27

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the work of few republican politicians
who perceive that they can quiet all re-
| monstrarce TO their proceedings on the
/ part of the people by charging the demo-
cratic party with responsibility for the
| 'hard times" This is the anaesthetic
| used 10 destroy the reason, and thus en-
! able the politicians to safely continue
| their nefarious work. Under normal con-
ditions such a proceeding as is now in
| progress would raise storm of protest.
| They even think they may with safety
| defy the constitution which is clearly at
variance with the opinion sustaining the
| regularity of the present session.
The Pilot has not been partisan in its
arguments against the present session.
1t has been influenced by its regard for
the constitution to which all should be
| more loyal than to the party they serve.
Repetition may be wearisome but The
Pilot will again venture to state It's chief
reasons for believing that an apportion-
ment at session Of the legislature such
as the present cannot stand a constitu-
tlonal test:
% An apportionment Of the state is
made mandatory upon the legislature
after each census taken.
@ What is expressly and positively
required of any body or of any official by
Le.constitution, it, or he, has full powers
Of executing. 1t does not rest in the dis
erection of any coordinate branch, or any
other official Ia determine whether this
duty shall or shall not be performed
81 The duty of the legislature to APP
portion anew after each census clearly
| means at an annual session, otherwise
the governor could nullify the provision
of the constitution by refusing to call an
extra session. The governor cannot con-
stltutionally convene the legislature to
do in special session what the constitu-
ton says shall be done in regular session.
1t must be understood that the session
| called by Gov. Upham is to apportion
anew. 1t differs from an apportlonment
made to correct errors and design
ed to continue in force only for the time
covered by the apportIonment whose er-
rOrs are to be corrected. Ia the present
instance the governor, not the legislature
takes the initiative. He has usurped a
constitutional function OF the state legis-
lature and SHOULD BE IMPEACHRD.
Whenever the governor may assume a
power granted to the legislature the con-
stltutlon is explicit in granting such
power and carefully limits 1t. The L. S.
constitution permits the governor to ap-
point Z. S. senators IN certain cases, but
| the rights of the legislature are carefully
guarded. One of the dangers which all
fundamental laws try to avert is the as
sumption of the power of any branch of
government by another branch Gov.
Upham has not only violated the state
constitution but the traditions which are
the bases of fundamental law.
The constitution requires that all com
munications, pardons, etc, made by the
governor shall be reported by him annu-
| ally to the legislature. J. there not far
more reason why he should have called
an extra session of the legislature to meet
this constitutional requirement than that
| he should violate the constitution in call
ing an extra session at the bidding of
party bosses?
He cannot escape responsibility by
claiming an extraordinary occasion.
Whence does it arise? Has he likewise
| assumed the prerogatlye of the supreme
| court and declared the apportionment of
1892 unconstitutional? Is he the Judge
of the fairness Of that apportionment
| that he presumes to interpose the author
lty vested in him to overthrow il IN ad-
vance of any decision Of the supreme
| court as to it's constitUtionahty What
law enacted by any legislature of this
state is safe from executive assault if the
present faction Of Gov. Upham be APP
proved?
1t Is no time to preach party necessity
nor to be lulled into insensIbllity of i'm
pending danger by the lullaby Of "hard
times" Extreme pgrtisanship is destroy
ing the integrity Of our constitution
through plant executive. The people
do not approve of these proceedings even
though not fully aware of the dangers
they threaten. But if they do not approve
they acquiesce. A bold step is necessary
to arouse the people to full sense of the
situation and to check these inroads on
the constitution, and that is the IMpRACH-
MENT OF Gov. UPHAM.