Armstrong v. Mitten

This is a proceeding under the Declaratory Judgments Act. The petitioners sought to have an initiated measure, adopted by the people and appearing in the Session Laws of 1933 as chapter 157, declared valid, and to have a legislative act, appearing in said Session Laws as chapter 156, declared void. Both acts relate to legislative reapportionment. The trial court upheld the contention of the petitioners.

Section 45 of article 5 of the state Constitution is as follows: “The general assembly shall provide by law for an enumeration of the inhabitants of the state, in the year of our Lord 1885, and…