In re State Census

Citations

• 6 S.D. 540
• 62 N.W. 129
• 1895 S.D. LEXIS 145

Syllabus

<p>1. Const, art. 3, ? 5, providing that the legislature shall provide by law for the enumeration of the inhabitants of the state in the year 1895, and shall apportion the number of senators and representatives accordingly, is mandatory, but, since there is no power that can compel a legislature to take affirmative action in enacting laws, its action under the constitutional provision depends solely on its own volition, guided by its sense of public duty and responsibility.</p> <p>2. In case the legislature should fail to provide by law for the enumeration of the inhabitants of the state in the year 1895, as required by Const, art. 3, § 5, as a basis for the apportionment of senators and representatives, the existing apportionment would remain in force,</p>