Omaha daily bee., 1897-01-17
NEW DIVISION OF DISTRICTS
Populists Resolve to ReOpportion the State
On Legislature.
WILL BASE IT ON A "fAlR ESTIMATE
COngrcssmnn-Elect Maxwell Gives nm
Opinion On the subject. which
Results In II min Being
Prepared at Once.

LINCOLN, Jan. 16.-(speoial Telegram.)-
Leaders OF the populist wing cf the fusion
forces Of the legislature have determine,
upon a new legislative apporticnment based
upon the vote cast at the Lass general cleo
tion. The bill is in an advanced stage OF
preparation, and is in the hands OF Repre-
sentative Sheldon Of Dawes county, the ac'
knowledged leader OF the majority in the
house.
For some reason or other the popuAsi
leaders have adopted the opinion that leg
islative reapportionment Is absolutely neces'
sary to their party's welfare in the future
The constitutional provisions are against
their plans; but they nave discovered Q
method by which, in their opinion, they
can get around the constitutions. The leSal
status of the proposal was first taken up last
week during the convention of the Nebraska
bimetalic league in this city. Congressman
elect Samuel Maxwell formerly Justice Oh
the supreme court. was III Lincoln during
that time, and the whole ground was gone
over In informal discussion. Finally the eX-
justice consented to prepare an opinion upon
the question. Three questions were submit
ted to him, as follows
/. Can the legislature at the present ses-
sion make a legislative reapportionmeht on
the basis of the vote cast in 1895!
q.
OF all the several counties in the state to
make a new enumeration of the lnhaDltaht Is
this winter before the close OF the present
session?
g. Can the present legislature make an APP
porti0nment on the basis oil the census ldAe"
by state authority in 1880?
These questions were submitted to CON
gressmau Maxwell on January u his
opinion is a somewhat elaborate document
and was received in the city last might; II
serves the purpose of the popuilst leauels.
The venerable eX-justice of the supreme couf'
opines that the present session of the leSiS-
ature Is preCluded from making an appor-
tionment on the basis of the census OF 1890.
He also says that in his opinion that census
which the constitution required to be taken
in the year 1895 cannot be taken in 1897, and
then made the basis for an apportionment
as the time for the enumeration Is speci-
ncally fixed In 1925.
But, going further the judge says that "a
full ana fair enumeration OF the people OF
the state Is no doubt the most satisfactory
basis for al apportionment and provisions
should have been made at the last session
for that purpose; but In case of the failure
of the legislature to pass law for the
taking of the census or to provide the
necessary funds to defray the expenses, the
right to mako a new apportionmeGt does not,
therefore, lapse, provided that a rule OF
appoTtlonmCnt can be adopted that Will be
uniform AMI give fair representation to all
parts of the state. II is possible that a
court might hold that census was ini!s-
Pensable to precede a new ap9Or,ionmeLt
but if 1t was apparent that the new apor-
tionment was fair just. equal and uniform
throughout the state, the object of a census
would be accomplished and there would seem
TO be no ground for interference"
Having taken the ground that an apportion-
ment cannot be based upon a new enumera-
ton of the inhabitants by assessors or other
county officials, the eX-judge advances the
g..,..
be made upon the basis of the votes cast at
the recent general election held in the state
last November II admits that such an
estimate, from the nature of the case, may
not be absolutely accurate, but may be
nearly so and perhaps be as reliable as an
ordinary census"