Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-02-08
NAY |NVAN|DA1E LAWS
Right of Thirty-Three Repre-
sentatives In House to Leg
islate Questioned
WAS CONSTITUTION WoLATEDa
Alleged by Good Lawyers That the
Last General Assembly Made Ser
ious and Perhaps Fatal Error in the
Matter of Apportionment OF Leeis-
lative Districts.
Special to Times-Republican.

Special to Times Republican.
Sioux City, Feb. 5. There is a grave
question as to whether thirty three re-
| representatives. in the present Iowa gen
leral assembly are entitled under tht
lconstitution to the seats they occupy
| Attorney George A. Oliver, of Ona-
wa, interested in opposing ditch legis-
iation will bring suit upon passage OF
a new ditch law to remedy the provi-
sions declared Unconstitutional re-
Icently. in which he will ask to have the
iact declared unconstitutional because
1T was passed by the votes of menu
bers not entitled to their seats. 1t be-
ing certain that the votes of some OF
the thirty-three will be necessary TO
the passage of the law.
Two attorneys. perhaps the best in
Sioux City upon constitutional ques-
lions, were asked concerning the doubt
thrown upon the legality of the votes
Of these thirty three representatives.
One OF them said there was serious
question as to their right to their
seats, and the other was inclined TO
agree with Attorney Oliver that they
have no right to dt with the assem-
bly,.
The Apportionment.
The question is whether the appor.'
tionment OF representative districts b!
the last general assembly violates I,
provision OF the constitution. The con-
stitution provides that counties having
a population equal to half a ratio fiX.d
by law shall have q representative and
that counties having one and a half
times that ratio shall have two repre-
sentatives. There are thirty counties
and one district having less than half
the ratio fixed by the last assembly
and two counties having two repre- :
sentatives but with a population less
than one and half times the ratio.
II the contention against the validity
OF the seats OF these thirty-three ref
resentatives is correct, it will result in
vitiating all the work Of the assembly,
rs It is utterly improbab BILE that any bill
can be passed without the necessary
vote Of some OF these thirty three.
Tho Section.
Section IS of the legislative division
OF the Iowa constitution provides:
The senate shall not consist of
more than fifty members nor the house
or representatives more than 100: and
they shall be apportioned among the
several counties and representative
districts of the state according to the
number OF inhabitants In each, upon
ratios to be fixed by law; but no re-
preventative district shall contain
more than four organized counties and
each district shall be entitled to a;
least one representative. Every county
and district which shall have a num-
Der OF inhabitants equal to one-half
OF the ratio fixed by law shall be en-
titled to one representative: and any
one county containing In addition to
the ratio fixed by law one half Of that
number or more. shall be entitled to
one additional representative. No
floating district shall hereafter be
formed"
The last general assembly decreei
$4,000 Inhabitants should constitute the
ration OF superintendent This would
make the one half $4,000. or one and a
half times the ratio. $4,000.
Districts Affected.
In spite OF this the assembly pro-
ceeded to establish districts resulting
in the following with less than half the
population named in the fixed ratio:
Van Buren,, 1885: Davis. $500;
Minis, l6.764: Montgomery. 1853:
Wayne, 17.4s1; Ringgoid, 1895;
Adams. 1861: Clark. l2.44o; Lu-
cas-, 1925: Monroe, 1885; Jeffer-
son. 17.437; Louisa. 1856: Madi-
son, 1910; Adair. 1912; Shelby.
1882; Audubon, 1926; Greene.
1880: Cherokee. 1850: Sac. H.
63s; Grundy. 1851; Bremen, l6.-
SO5: Butler, 1895; Franklin. a.
996: Pocahbn6as. 1899; Buena
Vista. 1875: O'Brien. 1895;
Floyd, 1874: Chickasaw. 17,o37;
Howard. 1852: Mitchell. 1876:
Dickinson and Emmett, 1881.
Two counties. having less than one
and . half times the ratio which would
be necessary to give them two repre-
sentahdves are Scott, 51.55s; Clinton.
1882.
divers position. Is that, according to
the statement OF Oliver. substantiatei
by a partial investigation OF the rec
ords. never before has the legislature
SO apportioned the Representatives tina,
any district was given a representative
without half the ratio fixed in the APP
rortionment.
No question relating in any way to
this one has come before the Iowa SUI
preme court, as far as could be ascer-
tanned.
A somewhat similar case was made
a few years ago by a populist candi-
date for the Legislature from Monona
county. The republican and democrat
Ic candidates lived In Ida county, which
Is in the same district with Monona.
Though the populist received but a few
votes he claimed to be the representa-
tive from Mononat c,Alnty because the
county had more than half the ratio
fixed for that year and therefore was
entitled to representative itself. The
contest was taken before the legisla-
ture, where the Monona man was rule l
out.
Attorney oliver claims that 1t was
partly for the purpose or keeping Mo-
mona county for qualifying for an
district that the ratio WAS
l., - ~ H. ri,