Legal Opinion

State ex rel. Hicks v. Stevens

Wisconsin Supreme Court

Decided November 29, 1901PublishedCited by 19 opinions

Appeal from an order of the circuit court for Chippewa county: A. J. YiNje, Circuit Judge. By ch. 469, Laws of 1901, the legislature created the county of Gates. The territory included in the new county constituted the northern part of Chippewa county. By the apportionment act (ch. 164, Laws of 1901), Chippewa county was divided into two assembly districts. The new county includes the north part of the Second assembly district.

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Appeal from an order of the circuit court for Chippewa county: A. J. YiNje, Circuit Judge. By ch. 469, Laws of 1901, the legislature created the county of Gates. The territory included in the new county constituted the northern part of Chippewa county. By the apportionment act (ch. 164, Laws of 1901), Chippewa county was divided into two assembly districts. The new county includes the north part of the Second assembly district. Sec. 11, ch. 469, is as follows: “ The said county of Gates shall be, and shall constitute a part of the Twenty-Fourth senatorial district, and shall also be attached…

1Opinion of the CourtBardeen, J.

The decisions in the cases of State ex rel. Att’y Gen. v. Cunningham, 81 Wis. 440, and State ex rel. *172Lamb v. Cunningham, 83 Wis. 148, settled the question that the'legislature had no power to break up county lines and boundaries in apportioning assembly districts; that the provisions of sec. 4, art. IV, of the constitution, that assembly districts should “be bounded by county, precinct, town or ward lines,” was mandatory; and that any apportionment act in violation thereof was void. No doubt has been thrown upon the correctness of those decisions. Counsel for the defendants have argued at…

2Cases cited15 opinions

  1. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  2. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
  3. Stone v. City of CharlestownMassachusetts Supreme Judicial Court · 1873
  4. People Ex Rel. Henderson v. Board of SupervisorsNew York Court of Appeals · 1895
  5. Slauson v. City of RacineWisconsin Supreme Court · 1861

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3Cited by19 opinions

  1. Legislature v. DeukmejianCalifornia Supreme Court · 1983
  2. State ex rel. Carnation Milk Products Co. v. EmeryWisconsin Supreme Court · 1922
  3. Wheeler v. HerbertCalifornia Supreme Court · 1907
  4. State v. City of Oak CreekWisconsin Supreme Court · 2000
  5. Payne v. City of RacineWisconsin Supreme Court · 1935

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