126 Ky. 61 | Ky. Ct. App. | 1907
Opinion op the Court by
Reversing.
In this action, the validity of an act of the Legislature approved June 28, 1893 (Laws 1893, p. 1204, c. 235), apportioning the State into senatorial districts, is assailed upon the ground that it is in violation of section 6 of the Constitution, providing that “all electons shall he free and equal,” and section 33, providing, in part, that “the first G-eneral Assembly after the adoption of this Constitution shall divide the State into thirty-eight senatorial districts and one hundred representative districts, as nearly equal in population as may he without dividing any county, except where the county may include more than one district, which district shall constitute a senatorial and representative district for ten years.” The petition sets up in detail alleged gross inequality in the population of a number of the districts. The cause being submitted on the petition and exhibits, the lower court adjudged that the act of 1893, and also an act of the Legislature approved May 9, 1890, adding the county of Owsley to the seventeenth senatorial district, were each of them in violation of the Constitution of the United States and of the State of Kentucky, and both of said acts were declared null and void.
We do not deem it necessary to write an elaborate opinion in this case, but will virtually content ourselves with restating and adopting a portion of the opinion of this court in Ragland v. Anderson, 100 S. W. 865, 125 Ky. 141, 30 Ky. Law Rep. 1199, handed
This action, although in the name of a few individuals, is in fact and truth instituted and prosecuted for the use and benefit of one of the political parties of the State, the adherents of which conceive themselves aggrieved by the alleged denial of fair and equal representation in the legislative department of the