Rensselaer Republican, Volume 26, Number 13, Rensselaer, Jasper County, 23 November 1893 — THE APPORTIONMENT SUIT [ARTICLE]

THE APPORTIONMENT SUIT

Papers Filed in the Marion County Circuit Court. The Legislative Apportionment Alleged to be Unconstitutional by the Kepubll- > can State Committee. By direction of tho Republican State committee, there was filed, Wednesday afternoon, in the Marion county circuit court, Edgar A. Brown (Democrat), judge, a suit to test the constitutionality of tho legislative apportionment act of tho last General Assembly. Tho plaintiff in the action is Albert W. Wishard, of Indianapolis. The suit is directed against the clerk, sheriff and auditor of every county in Indiana. There are 270 defendants. The proceedings are brought to enjoin the election officers in the ninety-two counties of the State from performing tho duties assigned to them under the legislative apportionment act of 1893. The attorneys for tho State committee are Albert W. Wishard. who wrote the complaint, and John B. Elain, of Indianapolis, and M. E. Forkner, of New Castle. The complaint makes forty-seven typewritten pages. It recites that the General Assembly at its session of 1891, tho session next following tho last enumeration, attempted to enact an apportionment law; that subsequently, by proceedings in tho ;Henry county circuit court, and afterward, on appeal, in the Supreme Court of 'lndiana, the act was held unconstitutional laud void; that afterward, at the regular (session of the General Assembly in 1813, an act was passed fixing tho number of {senators and representatives, and to apportion the same among the-several counties of the State. The apportionment act .is set out in full, as is also a tabular state'ment showing the enumeration of mala {inhabitants in the several senatorial and (representatives districts. It is averred that by the act of March 1893, forty-threo counties are formed into twenty-two districts, to each of which one Senator is apportioned. .The attorneys announce that they will press the case in the lowest court, and they expect to get a decision from the Supreme Court before the election next fall.