People ex rel. Mooney v. Hutchinson

In the limited time at my disposal I can only state in a general way why I think the foregoing opinion and .conclusion unsound.

The proposition, “the provision authorizing the apportionment of the State into such Senatorial districts is section 6 of article 4,” is, in my opinion, a misconception, and forms the basis of the wrong conclusion reached. That section does not empower the General Assembly to make apportionment laws, nor does its language purport to do so. It only declares how the power already existing in the legislature shall be exercised. Nor can I see how the fact that the…