.MTUyOA.MTI0NTE

516

[opinion of S.J. Court]

been foreseen that no arrangements could produce a representation precisely proportional to numbers. It was doubtless contemplated also, that in the advancing settlement and population of the state, some counties would increase in numbers more rapidly than others. And it was readily perceivable, that as every apportionment made by the Legislature must continue five years and may continue ten, in the intervals of successive apportionments an inequality of representation in the House of Representatives would necessarily arise. The provision in the Constitution on the construction of which our opinion is required, was, we apprehend, therefore, introduced with a view to obviate, in some degree, this inequality, by anticipating its progress and guarding against its effects. The Constitution has given to the Legislature the power and made it their duty to ascertain at certain periods the number of inhabitants in the State, and in the several counties. By means of the facts thus obtained, they can ascertain the relative increase of population in the several Counties, and it is enjoined upon them in making the apportionment of Representatives to "have regard to the relative increase of population" by anticipating what will be the amount of population in a given county at the proper intermediate period, between two periods of enumeration, and allowing to such county an additional Representative, if by comparison with the ratio of increase in other counties, such anticipation will not encroach on the right to equal representation in such other counties. But this anticipated relative increase, tho' highly probable in event, is nevertheless contingent & uncertain in amount; depending principally on on immigrations, which in the nature of things are unsteady and