45 W. Va. 179 | W. Va. | 1898
In 1891, the Legislature made an apportionment of delegates among the various counties and- districts to constitute the House of Delegates, giving Berkeley and Jefferson
A question occurred to my mind whether this Court could consider the case, — whether the matter was in its nature a judicial matter cognizable by the courts, ora matter of purely a political, legislative, or governmental nature, to be left absolutely to the Legislature, since the power to erect districts and apportion delegates was vested in it by the Constitution; but I find that the subject has been discussed in various cases, and it has been held that the constitutionality of apportionment acts is a subject of judicial inquiry, not merely political. This is based on the consideration that the judiciary must hold an act contrary to the constitution as no law for any purpose. Denny v. State (Ind. Sup.) 42 N. E. 929, and cases there cited. See, also, State v. Wrightson (N. J. Sup.) 28 Atl., 56. I find it so held in the six states of Indiana, Wisconsin, Michigan, New Yorkj Illinois, and New Jersey. Further search shows that Massachusetts, Ohio, North Carolina, Nebros-
Note by
I call attention to the case of People v. Hutchinson, 172 Ill., 486, 50 (N. E. 599) published since I delivered the above opinion. The constitution of Illinois provides that “the general assembly shall apportion the state every ten years” for senators, and so forth, and that case held said provision mandatory, and as prohibiting any second apportionment within the ten years after the legislature had once made an apportionment after a census. The case strongly supports the above opinion.
Writ Denied.