The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-02
APPORTIONMENT LAW
Of 1903 IS DECLARED
INVALID AT LEBANON
Demurrer of Republicans Over
ruled by Judge S. R. Artman,
Who Finds for Democrats.
DEPARTURE FROM UNITS
In Fixing Limits of Senatorial and
Representative DiStrictS-Sta-
tistical Citations.
speciaI 10 the indianapolis Journal.

Special to the Indianapolis Journal
LEBANON, Ind, Feb. Judge S. r.
Artman to-day rendered his decision in the
suit recently filed here by the Democrats
to test the constitutionality of the appor-
tlonment law passed by the last Legisla-
ture He overruled the demurrer to the
complaint and found for the plaintiffs,
holding the law unconstitutional. In doing
SO he took occasion to say that 1.-The act
of March 9, 1903, was evidently constructed
upon David Harums theory that 'self-de-
Tense is to do to the other fellow what he
would do to you, and do it first The
defendants gave notice of appealing the
case to the Supreme Court. Judge Art
man in giving his decision. said:
1.-The voting population of the State, ac-
cording to the official enumeration of 1901,
is 694,346 Under the provisions of Section
5 of Article of the State Constitution, 1t
was the duty of the General Assembly OF
1903 to apportion the number of senators
(ffty) and the number of representatives
OOo) among the several counties according
TO the voting population of each, as shown
by the official enumeration thereof Upon
the basis of the official enumeration OF the
voters of the State 1894 346). the unit for a
representative district is 6,943 voters ana
for a senatorial district, 1856 voters These
units as a basis of apportionment, cannot
be adhered to with absolute mathematical
precision, but they should be as nearly as Is
practicable 1t is claimed that the act OF
March 9, 1903, is void because IL violates
the provisions of the Constitution for the
appOrtionment or senator's ana representa-
tives. 1900
''It appears that by the act of 1903, forty,
six of the ninety-two counties were FORMED
into twenty senatorial districts, ten or
a voting
767, or an average of 1876 voters 10 each
senator. which Is 1000 in excess or the
official unit. The other ten or SAID twenty
senatorial districts have a voting popula-
ton of III 1863, or an average of n,736 voters
to each senator. which is 2,l5O less than the
official unit. A senator in one OF the nrst
ten districts would represent 4Z1O more
voters than would senator in the second
ten. The counties of the first ten districts,
properly apportioned, are rlghtIuiIy ehli-
tied to eleven senators. while the counties
of the second ten, properly apportloneu, are
rightfully entitled TO but eight
WRONGFUL INCLUSION.
"The counties of Switzerland, Ohio, Dear
born and Franklin, whose voting popula-
tion is 15.652 or 1855 in excess of the OFF,
cial senatorial unit. are united with the
county of Union in senatorial district
having a voting population of 1889 in ex-
cess of the official unit. If Switzerland
county were eliminated from this district
the voting population would be 1885 or
459 in excess of the official unit. So that the
conclusion that either Union or Switzerland
is wrongfully included in this district is
inevitable. Union county joins Wayne,
which, with a voting population of only
11,2S7 or 1859 less than the ofhcial unit
is made to constitute senatorial dis-
trict by itself. If Union and Wayne were
combined the voting population of the two
would be 1928 or 593 less than the official
senatorial unit.
Boone and Hendricks have a voting
population of 1886 or only $40 less than
the official senatorial unit. These counties
are united with Marion TO represent Its ex-
cess population, thereby forming dis
trict representing 1884, voters or 2,lOS In
excess of the official unit.
bartholomew and Decatur, with voting
population of 1922 or 1854 less than the
unit. form a senatorial district. while
Shelby and Rush, with a voting population
of II 9O2 or 40 more than Bartholomew and
Decatur, are united with Fayette In a dis
trict having a population OF lilll or 5'zzo
in excess of the official unit
"Twenty-four counties, having voting
population of 109,314. are formed into thir-
teen representative districts while sixteen
other counties, with voting population OF
only 70. OO6, likewise formed into thirteen
representative districts. The average num-
Der of voters TO each representative in the
first thirteen districts is s,4OS or 465 in ex,
thirteen districts the average number OF
voters to each representative Is 5,769 or LIZA
less than the official unit. A representative
in the first thirteen districts Will represent
on an average 1853 more voters than a
representative in the second thirteen.
THE counties of the first thirteen dis
tricts. properly apportioned. are rightfully
entitled to fifteen representatives, while
the counties of the second thirteen, properly
apportioned, are rightfully entitled TO only
ten representatives.
NOT WELL APPORTIONED.
Fulton 4.742) and the excess of Miami
(2,12D, making a voting population of 6,S63,
or only so less than the representative unit,
are united with the excess of Wabash, form
ing a representative district with a voting
population of 1857, or 694 in excess of the
official unit.
1.-The four counties of Rush, Morgan. De-
catur and Fountain are given a separate
representative each. The voting population
of these counties is as follows: Rush, 5499;
Morgan. 5.53S; Decatur, 5575: Fountain,
5,9S3-making a total of o. $40, or an average
of $500 to each representative. Neither OF
the four counties of Ripley, Dearborn, Han
cock and Warren Is given "a separate repre-
sentative. Their voting population is as
follows: Ripley, $3.50; Dearborn. 6,1S9; Han
cock. 5,S43; Warrick. 5.55S-making a total
of q, S35. Hancock has n voting population
of "A more than Rush, Warrick 81 more than
Rush, Ripley 81 more than Rush and Dear
born $50 more than Rush. Dearborn also
has a voting population of 206 more than
Fountain. 606 more than Morgan and GA
more than Decatur. Dearborn is united
with Ohio. Ripley with Switzerland. Han
cock with the excess of Marion. and War
rick with the excess of Vanderburg, the
four districts having a voting popula ton OF
34.l9S or an average of $50.
The voting population of Shelby county
is 40 in excess of the official representative
unit. The counties of Hancock, Rush. De-
catur and Bartholomew all join Shelby
Bartholomew is 2S6 short of the official
unit, but is given a separate representative.
Decatur is 1865 short of the official unit
but Is given a separate representative. Rush
Is l.4A short of the official unit but Is given
a separate representative. Hancock Is /. 400
short of the official unit looming A nearer
TO II than Rush,. but is denied separate
representative. and is placed with the ex-
cess or Marion. forming a district with a
voting population 1.S2S in excess of the Off
cial unit No attempt is made to give the
extra 40 in Shelby any representation
The unfairneSs in this apportionment rs
TO the counties of Shelby, Hancock. Rush.
Decatur and Bartholomew becomes glaring
when compared with the district of Fulton,
Miami and Wabash. wherein the voting
population OF Fulton and the excess of