Ballentine v. Willey

Citations

• 3 Idaho 496
• 31 P. 994
• 3 Hasb. 496
• 1893 Ida. LEXIS 2

Syllabus

<p>Legislative Apportionment — Constitutional Construction — Legislative Representation. — 1. An act entitled. “An act providing for the apportionment of the legislature,” approved March 13, 1891 (1st Sess. Laws, p. 195), divides the state into senatorial and representative districts, and declares the representation which each district is entitled to. That, because of an act creating Alta and Lincoln counties out of territory theretofore comprising Alturas and Logan counties having been declared unconstitutional, said apportionment act failed to provide representation for two existing counties, Alturas and Logan, and provided representation for two counties having no existence. Held, unconstitutional.</p> <p>Same — Act Construed — When Part Invalid. — 2. When an act having but one object is in part valid and in part invalid, and the parts are so mutually connected with and dependent upon each other as to conditions, considerations, or compensations for each other as to warrant the belief that the legislature intended them as a whole, and, if all could not be carried into effect, the legislature would not have passed the residue independently, the act must be held void.</p> <p>Same — Proper Basis for Representation. — 3. The legislature is prohibited from passing an apportionment act which does not give substantially just and equal representation to the people of each county, based upon either the voting or entire population, or upon some other fair basis.</p> <p>(Syllabus by the court.)</p>