11 Kan. 235 | Kan. | 1873
Lead Opinion
The opinion of the court was delivered by
This is a proceeding by mandamus, instituted in this court, to compel the Lieutenant-Governor of this state and the Speaker of the House of Representatives, to furnish the plaintiif, S. S. Prouty, with a certificate of his election as state printer of the state of Kansas, he claiming to be entitled to such certificate by virtue of the-proceedings had in the joint session of the legislature on the third Tuesday of January, 1873. Three questions are presented, two of which at least must be decided in favor of the plaintiff before he will be entitled to the relief sought. First, Could a majority of
*260 “Section 1. In the future apportionments of the state, each organized county shall have at least one representative; and each county shall be divided into as many districts as it has representatives.
“Section 2. It shall be the duty of the first legislature to make an apportionment, based upon the census ordered by the last legislative assembly of the ■ territory; and a new apportionment shall be made in the year 1866, and every five years thereafter, based upon the census of the preceding year.”
In pursuance of these sections the legislature of 1871 passed an apportionment act. (Laws 1871, p. 32.) The first section of that act is as follows:
“Sec. 1. That the senate shall consist of thirty-three members, and the house of representatives of ninety members; but the number of representatives may be increased by the organization of new counties to not more than one hundred i Provided, That no county not now organized shall be entitled to more than- one representative until the next apportionment.”
[* And see The State, ex rel., v. Williams, 5 Wis., 308, 315, 316.]
Concurrence Opinion
I- concur with my brethren in the decision of this case, but do not concur in all that is said in ,the opinion or syllabus.