Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-01-13
NO APP0RH0NMENT THIS SESSION
Major Hamilton On Request Submits Opinion
To That Effect
Holds That ReappOrtOnment Can Only Be Based Upon
New Census

The legislative assembly of North
Dakota will not be able to reapportion
the state before the session of 1907,
according to an opinion furnished by
Major j. G. Hamilton to Representa-
tives Davis and Chapman, who are in
terested in the matter Of Increased
representation for the sections of the
state which have in the past few
years enjoyed large increase in popu-
lation,, and which no one questions
should be given larger representation.
For instance, Ward and Williams
county under the present plan Of ap-
portionment have one senator and
three representatives: Ward county
itself cast the largest vote in the
state at the last election, Cass and
Grand Forks counties following close
ly in the order named.
: There has been no apportionment
since the session of 1901, when the
federal census of 1900 was used for a
basis of representation. The state is
entitled to census this year, paid for
by the state, and provided for by the
legislature, so that il this plan is car
ried out the new superintendent can
} be made in 1907, two years hence
Z Major Hamilton fails to find anything
that would prohibit the legislature
from making new apportionment
this year, but the census Of 1900
would have to be taken as basis, the
same census on which the 1901 appor-
tionment was made. ~.
The opinion covers the questions
! very thoroughly and there is little
question now but census this year
will be provided for in order that the
growing sections Of the state may be
given adequate representation. There
will be much opposition to any ap-
portionment that will increase the
number Of either senator's or represen-
tatives, and the usual opposition will
be forthcoming from the largest coun-
ties now against decrease in their
present representation. In his opin-
ion Major Hamilton says, >>e
Hon. Geo. w. Davis & F. B. Chapman:
Gentlemen: In compliance with
your request have made careful
examination of the law in relation to
appointment, and find as follows:
Section 26. Of the Constitution Of the
State Of North Dakota provides that
the senate shall be composed of not
less than thirty, nor more than fifty
/ members; section 32-the house of
representatives shall be composed Of
not less than sixty nor more than one
hundred and forty members; section
35-the house Of representatives shall
be Spportioned to ana elected at-large
from each senatorial districtJ The
legislative assembly ''shall" in the
4 year 1895 and every tenth year cause
an enumeration to be made Of all the
Inhabitants Of the state, and shall at
Its first regular session, after each
such enumeration and also after each
federal census, proceed to fix by law
the number Of senator's which shall
constitute the senate OF North Dako-
"a, and the number OF representatives
which shall constitute the house Of
representatives, within the 81 limits
described by this constitution, and to
TX the number Of members Of the
house Of representatives to be elected
from the several senatorial districts;
provided that the legislative assembly
may at any regular session re-dtstrict
the state into senatorial districts. and
apportion the senators and representa-
tiyes respectively This section Of the
constitution must, ip my opinion. be-
interpreted and construed in the light
OF section p Of the constitution, which
provides that the provisions 81 this
constitution are mandatory and pro-
1 hititory. unless by express words they
are declared to be otherwise.
"a examining section So Of the con-
stitution carefully you win observe
that the basis Of apportionment which
the legislature Is authorized to make.
is based on the enumeration Of ali the
inhabitants Of the state. That the
population Of the. state - determined
by 9 census. and that when such CEN
sus has been made. either By federal
Or state authority, then the ieeisla-
tive assembly shall make resppor,