being of lesser importance, may to some extent yield in aid of securing a nearer approach to equality of representation.

"8. The unnecessary inequalities under the Apportionment Act of July, 1892, such, for example, as the formation of six Assembly districts, each containing one or more counties, with an aggregate population less than four times the unit of representation, when such counties might have been grouped into four districts in a county, when they might have been formed with a difference not exceeding 1,000 and with a gain in compactness; and the formation of one Senate district from two Assembly districts with a population of 30.732, and of another Senate district from four Assembly districts with a population of 65.953, are held to render the act invalid.-83 Wis., pp. 90, 91."

Mr. Justice Winslow dissented on the ground that the Supreme Court could not take jurisdiction without the consent of the Attorney-General. As stated above, the decision of the Court setting aside the second apportionment was announced on the 27th of September. On the 10th day of October, the Governor issued a proclamation again convening the Legislature in special session on the 27th day of October, at 8 p. m., to reapportion the State into Senate and Assembly districts. And the Legislature convened at the time appointed and passed the act under which Senators and Assemblymen were elected in November, 1892.

During Governor Peck's administration the Democrats had the privilege of electing two United States Senators, the first on January 28, 1891, when they selected William F. Vilas, who was chosen to succeed John C. Spooner, whose term of service had expired. Mr. Vilas was born in Vermont, July 9, 1840, and he came of good Yankee stock. His father, Hon. Levi B. Vilas, was prominent in Vermont politics, and still more active in the Democratic party after he came to Wisconsin in 1851, serving in the Legislature, and being heartily supported as a candidate for Governor in the Democratic State Convention, which met in Fond du Lac in 1877. Senator Vilas was educated at the State University and was graduated from the Albany Law School in 1860. At the breaking out of the slaveholders' rebellion, he raised a company and entered the Union army, and served with distinction, being

rapidly promoted, until the close of the war. When peace was restored he resumed the practice of his profession at Madison, and he soon became recognized as one of the leading lawyers in the West. His superior mental equipment, fine scholastic attainments and unimpeachable Democracy soon called him to the front as a political manager and speaker, and he was often urged to accept the nomination of his party for Congress and for Governor of the State. To all these flattering solicitations he turned a deaf ear, and bided his time. When General Grant came home from his triumphant trip around the world, a fine banquet was given in his honor by his admiring friends in Chicago at the Palmer House, at which many of the notable people of the nation were present-Senators, Representatives, Judges, Generals, Governors, members of the Cabinet, editors, soldiers and others. It was an historic and illustrious gathering, the like of which was never seen in the great West before or since. Mr. Vilas was selected to respond to the toast, "Our Old Commander," and its mere announcement by the toastmaster was enough to stir the blood and create enthusiasm. It was a great oration, admirably conceived, splendidly delivered, and it electrified the audience and drew public attention to its brilliant author. The great silent soldier had never heard the like of it before, and he was spellbound, as indeed were all the others. That speech made Col. Vilas famous, and when the Democratic National Convention met in Chicago in 1880 to nominate a candidate for the presidency he was made president of the permanent organization. He was spokesman for the committee that went to Albany to apprise Grover Cleveland of his nomination, and his address on that occasion so captivated Mr. Cleveland that he made him Postmaster-General. In this important office he served with great acceptance for two years, when he was transferred to the Interior Department. Mr. Vilas was the only citizen of Wisconsin who was ever transferred from his private law office to a seat in the Cabinet. Alexander W. Randall had been Governor of his State for two terms and a foreign minister before entering the Cabinet of Andrew Johnson, and Timothy O. Howe had served eighteen years in the Senate of the United States before receiving the appointment of PostmasterGeneral under President Arthur.

The first native-born citizen of Wisconsin to occupy a seat in the United States Senate was John L. Mitchell, a Democrat, who succeeded Philetus Sawyer at the end of his second term on the 4th of March, 1893. Mr. Mitchell was the only son and heir of Alexander Mitchell, who was, for nearly fifty years, the wealthiest banker and most prominent private citizen of Wisconsin, and who left the largest fortune ever accumulated in the State. John Lendrum Mitchell was born in Milwaukee October 19, 1842, and received an academic education. When the War of the Rebellion broke out he entered the Union army and was first lieutenant of Company E, Twenty-fourth Wisconsin Volunteer infantry; was adjutant of brigade, aide-de-camp and ordnance officer of division. He took part in many important battles, including Perryville, Murfreesboro and Hoover's Gap; was mustered out of the service before the close of the war on account of his failing eyesight. He early developed a taste for political life, and was a State Senator in 187273-76-77; he was president of the School Board of Milwaukee in 1884-85; member of the Board of Managers of the National Home for Disabled Soldiers in 1885; president of the State Agricultural Society in 1889-90. Mr. Mitchell gives his occupation as that of a farmer, which he has pursued with great diligence and success. He was elected to the Fifty-second Congress for the full term beginning March 4, 1891, receiving 24,679 votes, against 17,605 for R. C. Spencer, Republican. Two years later he was reëlected to the Fifty-third Congress, but resigned his office February 10, 1893, when he was elected to the United States Senate. His candidacy for the Senate created a great deal of interest in the Democratic party, his opponent being Gen. Edward S. Bragg, who had long been known in Wisconsin as a distinguished soldier and politician. His victory over so gallant an opponent was considered a triumph for the younger element of the party. Mr. Mitchell enjoyed the distinction of representing the same district in the lower branch of Congress that his father had represented twenty years before, and when he entered the Senate he found as his colleague William F. Vilas, who had preceded him two years. The State of Wisconsin had not before been represented in the Senate by two Democrats since 1855-a period of thirty-eight years.

CHAPTER XXII.

REPUBLICANS AGAIN AT THE HELM.

The nomination of Maj. W. H. Upham by the Republican Convention which met on July 25, 1894, caused surprise to the other gubernatorial candidates, and to a good many people who were somewhat familiar with political methods. There is nothing, however, strange about it, when the conditions are understood. In the first place, Upham had very magnanimously, and without the least ill feeling, withdrawn from the field the year before, to give place to Senator Spooner, whom the leaders of the party wished to see nominated. This produced a very kindly feeling toward Upham all over the State, and especially on the part of many of the Republican leaders. It also strengthened him greatly in his own section of the State, where it was felt that he had made a very great sacrifice in the interests of party harmony.

Then Upham was personally popular, especially among the Grand Army posts of the State. He had a hearty manner, was generous and bluff, and possessed many of those superficial traits which make for strength among the people. He was a successful business man, was aggressive and decisive in all his methods; somewhat headstrong but not too much for his own business success. Then, too, more than any of the other eight or ten candidates, he had what is known as second-choice strength. This is what Governor Upham and his immediate friends based their confidence upon prior to the convention, a confidence which the friends. of other candidates did not then, and have never since quite understood. But it was a fact that Upham's personal popularity, his strength with the Grand Army and his withdrawal in favor of Spooner, together with the fact that he was from the northerncentral portion of the State, combined to make him second choice of many of the delegates who were first for their respective candidates.