Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-01-13

tionment of the senators and represen.
tatives; hence it follows that until
such an enumeration has been made
there is no constitutional or lawful
authority in the legislative assembly
to make an opportionm ent, the proviso
at the close Of section 35 merely
clothes the legislative assembly with
with power to make an apportionment
at any regular session but such appor-
tionment must be based upon a cen
sus of the inha bitants. I find no law
of the state to determine the number
Of inhabitants for the purpose of ap-
portionment by any other rule than
that of population. The legislative as
sembly of 1901 made an apportion-
ment of the state based upon the fed
eral census of 1900, and If this legis-
lative assembly elects to make a new
| apportionment, such apportionpent
must be based upon the census of 1900,
and not otherwise, although the mem
bers Of the legislative assembly may
be convinced and of their own knowl-
edge know, that the population Of diff
| ferent sections of the state has ma
terially increased, yet in law they can
not apply this knowledge and use it
as basis for reapportionment in
/ view of the provisions of section s.,
And while the proviso seems to confer
authority to make a reapportionment
I believe it to be the clear intent Of
that section to confer authority to
make the reapportionment only in the
event that the legislature next sue
ceeding census fails to make an ap-
| portionment of the state. The legisla-
tive assembly, Of 1901 complied with
the provisions Of section IS of the
constitution and apportioned the state
into forty senatorial districts, and
provided for forty senators to be elect
ed therefrom, and one HUNDREDS repre-
| sentatives to be elected from the sena-
torial districts. This apportionment
was based upon the federal census Of
1900, and senators and representatives
were apportioned to the districts &C.
cording to population as determined
| by such census as near as could be.
ri Census. ~.
| Section IS of the constitution Of
this state by it's terms provides that
the state shall take census of its in
habitants in the year 1895 and every
tenth year thereafter; this provision
is mandatory one, and it is the duty
of this legislative assembly to provide
for such a census, and after such a
census has been taken and compiled
and reported to the legislature, then a
reapportionment or a new apportion-
ment of the senatorial and representa-
| tive district can be had, and not until
then. 1t follows, therefore, that it is
the duty of the Ninth legislative as
sembly, by proper legislation, to en-
force the provisions of section IS Of
the constitution ana provide for the
census Of the inhabitants as therein
prescribed, and the legislative assem-
bly, of 1907 has then a basis upon
which an apportionment of senatorial
and representative districts can be
made In 1885 the then Territory Of
Dakota, provided for the taking Of the
census Of the Territory. This was
completed and an official copy Of it
fled with the secretary Of the Interior
Of the United States, who under the
provisions Of chapter 1876 of the United
States Statutes at large, Of the 45th
congress, reimbursed the Territory OF
Dakota to the extent Of so per cent Of
! the cost Of the making OF such census.
Sections % Of chapter 195 aforesaid,
was the section under which the CEN
lsus was taken. and reimbursement
made. and section ~ and chapter los
referred to. which provided for the
semi-decennial census, was expressly
repealed by chapter s13 Of the second
session Of the 5oth congress, b. 8.
Statutes at large. being an act provid-
Ing for taking the 18th and subsequent
sensus, which act. namely s19, con-
tains no provisions for 4 semi-decen-
MAI census to be taken BY states or
territories.
The third session Of the 55th oon-
sresa passed chapter 40, Oh act that
provided fOr taking ina 1eth .ras -.