# Denney v. State ex rel. Basler

> Indiana Supreme Court · January 30, 1896 · 31 L.R.A. 726

URL: https://www.frixlaw.com/law-library/cases/7052787

## Case

- **Full name:** Denney, Clerk v. The State, ex rel. Basler
- **Court:** Indiana Supreme Court
- **Decided:** January 30, 1896
- **Citations:** 31 L.R.A. 726; 144 Ind. 503; 42 N.E. 929; 1896 Ind. LEXIS 203
- **Precedential status:** Published
- **Opinion:** Concurrence by Jordan
- **Judges:** Hackney, Howard, Jordan
- **Cited by:** 64 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7052787

## Opinion text

Concurring Opinion.
Jordan, J.
I concur in much of the reasoning of the principal opinion of the court, and in the conclu *549 sion reached that the judgment below must be reversed. I also concur in the holding that the act of 1893, under the decision of this court in Parker v. State, ex rel., 133 Ind. 178 , is unconstitutional and therefore void. I am of the opinion that the formation of double districts should be condemned, and ought never to be resorted to by the legislature in the enactment of an apportionment statute, unless, in the sound discretion of that body, in some particular instance, on account of the situation of some counties, and their voting population, it may become absolutely necessary to do so, in order to attain that equality of representation required by the organic law of the State. Or, in other words, I am not prepared to declare a “hard and fast rule” upon this question from which the legislature can in no event depart.
Filed January 30, 1896.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7052787. Public record. Not legal advice.