The Hartford republican. (Hartford, Ky.) 18??-1926, 1906-08-10
before said election in November,

Glalntlfi states that =. A. Ander'
son and Clarence Deweese are each
citizens, taxpayers. and voters of the
County Of Ohio. over twenty-foul
years of age, and residents in said
county and state for more than two
years next last past and that each OF
said persons is an announced candi-
date for nomination by the Republi.
can party as the candidate of said
party for the office of member of the
House of Representatives Of the
General Assembly Of the Common
wealth Of Kentucky from said 26th
Representative District of Ken
lucky composed of and embracing
said County of Ohio, at said election
to be held in November, 1907.
Plaintiff further states that by an
act Of the General Assembly of the
Commonwealth of Kentucky and APP
proved May 3, 1893. entitled IAN
Act dividing the state into one hun
dred Representative Districts" it
was provided that the Goth Repre-
sentive District of the Common
wealth of Kentucky should be com
posed of the County of Ohio, that
said act is still in full force and eff
feet, and that qualified voters of the
said County of Ohio are entitled to
elect a member of said House of
Representatives without any voters
of any other county participating in
such election. Plaintiff states that
by said General Assembly there was
adopted an act entitled IAN Act d.
viding the state of Kentucky into
one hundred Representative Dis
tricts," approved March %. 1906. by
which act it was enacted that the
18th Representative District of said
state should be composed of the
counties Of Ohio, Butler and Edmon-
son. Plaintiff states that if said act
were valid under the Constitution of
the United States and under the
Constitution of the Commonwealth
of Kentucky, it would now be in full
force and effect. but that said act is
unconstitutional and void because it
is violation 0f the Constitution of
the United States and of the Consti-
tuition or the State of Kentucky.
Said alleged act is in violation of the
provisions of the Constitution of the
United States and of Kentucky
which guarantee to every state in
this Union a Republican form Of
government, and to the citizens
thereof equal rights and representa-
ton. Said alleged act is a violation
Of the first, second, third and fourth
sections of the Constitution of Ken
lucky and is a violation of the sixth
section of said Constitution which
provides that all elections shall be
free and equal. 1t is a violation of
Section 33 of the Constitution Ken
lucky which provides:
THE first General Assembly, aft
err the adoption of this Constitution,
shall divide the State into thirty
eight Senatorial Districts. and one
hundred Representative Districts,
as nearly equal in population as:may
be without dividing any country,
except where county may in
clude more than one district. which
districts shall constitute the Senate
rial and Representative Districts for
ten years. Not more than two
shall be Joined together to
form ca Representative District:
Provided. in doing so the principle |
every district to be as
nearly equal in population as may be
hall not be violated. At the expir-
ltion of that time, the General AS
'embly shall then, and every ten
'ears thereafter, redistrict the State
according to this rule, and for the
purposes expressed in this section.
f. in making said districts. Unequal
ty of population should be unavoid-
lble, any advantage resulting there
rom shall be given to districts hav-
ng the largest territory. No part
# a county shall be added to anoth-
r county to make district. and the
ounties forming a district shall be
ontiguous.
Moss and Thompson.