State Ex Rel. Herbert v. Bricker

The question raised by the general demurrers to the separate answers is whether the apportionment of senatorial districts made by the Governor, Auditor of State and Secretary of State, acting as a board under and by virtue of Section 11, Article XI of the Constitution, violates provisions in that article and is therefore a nullity.

What the board did in its apportionment was to leave nine senatorial districts (original or combined) as they were during the preceding decennium and rearrange the others.

Never before since the framing of the Constitution of 1851 has such a course been pursued. In…