The result is that some isolated inequalities are shown, but this, in itself, does not make the proposed plan irrational, or place it in the "crazy quilt" category. she notes that Dalits in India were conquered by upper-caste Aryans who traveled from the North despite the. . To date, Congress has never undertaken such a task in any State. Although cases brought under the Guaranty Clause historically are usually considered to be nonjusticiable, courts have tried to find alternate grounds for these claims that allow them to be considered. . . 37,245 3.50. 6,540 .69, Smith . Also she quotes me in the book! ", "Another evil, alarming and little foreseen, involved in regarding these as questions for the final arbitrament of judges would be that, in such an event. . Louisiana's most populous district, the Sixth, is 53.6% urban and contains 536,029 persons, and its least populous, the Eighth, 36.7% urban, contains 263,850 -- nearly half. Appellants invoke the right to vote and to have their votes counted. 213, 1. . ", "Fifteenth district -- Davidson and Wilson. . The book focuses excessively on the past; when the focus shifts to the present, the book can be petty. No holding to the contrary is to be found in Cave v. Newell, 246 U.S. 650, dismissing a writ of error to the Supreme Court of Missouri 272 Mo. . Conventions shall not be held oftener than once in six years. Marbury v. Madison, 1 Cranch 137, 5 U. S. 163. . The appellees refer to Colegrove v. Green, 328 U. S. 549, as authority that the District Court lacked jurisdiction of the subject matter. . An injunction restraining a general election unless the legislature reapportions would paralyze the critical centers of a State's political system and threaten political dislocation whose consequences are not foreseeable. Hardly any distribution of political authority that could be assailed as rendering government nonrepublican would fail similarly to operate to the prejudice of some groups, and to the advantage of others, within the body politic. 3) A need for an initial policy determination before addressing the matter that courts would not be able to reach; It is surely beyond argument that those who have the responsibility for devising a system of representation may permissibly consider that factors other than bare numbers should be taken into account. 178, 180-181 (1959); Hamilton, Beardsley and Coats, Legislative Reapportionment in Indiana: Some Observations and a Suggestion, 35 Notre Dame Law. But many Assembly Sessions since that time have deliberately refused to change the original act, and, in any event, "[a] statute [constitutionally] valid when enacted may become invalid by change in the conditions to which it is applied." That case was a suit in the state courts attacking the 1901 Reapportionment Act and seeking a declaration and an injunction of the Act's enforcement or, alternatively, a writ of mandamus compelling state election officials to hold the elections at large, or, again alternatively, a decree of the court reapportioning the State. Apportionment of senators. Such provisions will almost inevitably produce numerical inequalities. For, as the Table appended to my Brother CLARK's opinion so conclusively shows, whether one applies the formula he suggests or one that is adjusted to reflect proportional voting strength within an election district, no plan of apportionment consistent with the principal policies of the Tennessee Constitution could provide proportionately equal "total representation" for each of Tennessee's 95 counties. The book often lacks empathy, kindness. . [Footnote 4/43], The first systematic English attempt to distribute seats by population was the Redistribution Act of 1885. ), These conclusions can hardly be escaped by suggesting that capricious state action might be found were it to appear that a majority of the Tennessee legislators, in refusing to consider reapportionment, had been actuated by self-interest in perpetuating their own political offices or by other unworthy or improper motives. Smiley, Koenig and Carroll settled the issue in favor of justiciability of questions of congressional redistricting. The time, manner, and place of elections of Senators and Representatives are left to the States (Article I, Section 4, Clause 1; Amendment XVII) subject to the regulatory power of Congress. Co. v. Brownell, 294 U. S. 580, 294 U. S. 73 U. S. 50, the Court dismissed for want of jurisdiction a bill by the State of Georgia seeking to enjoin enforcement of the Reconstruction Acts on the ground that the command by military districts which they established extinguished existing state government and replaced it with a form of government unauthorized by the Constitution: [Footnote 4/20], "That these matters, both as stated in the body of the bill and in the prayers for relief, call for the judgment of the court upon political questions, and upon rights not of persons or property, but of a political character, will hardly be denied. A decision for the plaintiff would inevitably have produced some significant measure of chaos, a consequence to be avoided if it could be done without abnegation of the judicial duty to uphold the Constitution. [Footnote 4/151] Surely a Federal District Court could not itself remap the State: the same complexities which impede effective judicial review of apportionment a fortiori make impossible a court's consideration of these imponderables as an original matter. . The urban-rural conflict is often the core of apportionment controversy. the Negro was the compelling motive of the Civil War Amendments. "It is true that, in this case, the militia were not called out by the President. See also United States v. Classic, supra, 313 U. S. 324-325; United States v. Saylor, 322 U. S. 385. . . . . And for counties with similar representation but with gross differences in population, take: Sullivan. . Browse our listings to find jobs in Germany for expats, including jobs for English speakers or those in your native language. It was not the English system, it was not the colonial system, it was not the system chosen for the national government by the Constitution, it was not the system exclusively or even predominantly practiced by the States at the time of adoption of the Fourteenth Amendment, it is not predominantly practiced by the States today. Workgroups are the basic building blocks of today's organizations. It rested with Congress, too, to determine upon the means proper to be adopted to fulfill this guarantee. . Apportionment battles are overwhelmingly party or intra-party contests. Of course, if a controversy falls within judicial power, it depends "on how he [the plaintiff] casts his action," Pan American Petroleum Corp. v. Superior Court, 366 U. S. 656, 366 U. S. 662, whether he brings himself within a jurisdictional statute. V, 9(a), 9(b) for Senate apportionment based on numbers. In the US, there is the dominant caste and the subordinate caste. . . Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. One plan might be to start with the existing assembly districts, consolidate some of them, and award the seats thus released to those counties suffering the most egregious discrimination. For example, Loudon County, with twice the voting population of Humphreys County, would have less representation than Humphreys and about one-third the representation of Warren County, which has only 73 more voters. . . [Footnote 4/16] Injunctions in these cases, it should be noted, would not have restrained statewide general elections. In all of the apportionment cases which have come before the Court, a consideration which has been weighty in determining their nonjusticiability has been the difficulty or impossibility of devising effective judicial remedies in this class of case. . 8,417 .76 .68 .62, Smith. His view was that, "The shortness of the time remaining [before forthcoming elections] makes it doubtful whether action could, or would, be taken in time to secure for petitioners the effective relief they seek. . ", "Sec. They are asserting "a plain, direct and adequate interest in maintaining the effectiveness of their votes," Coleman v. Miller, 307 U.S. at 307 U. S. 438, not merely a claim of "the right, possessed by every citizen, to require that the Government be administered according to law. . ", The starting point of the doctrine applied in these cases is, of course, Luther v. Borden, 7 How. . . at 48 U. S. 41), however justified by the peculiarities of the charter form of government in Rhode Island at the time of Dorr's Rebellion, states no general principle. . . 184, 185-186 (1960); 106 Cong.Rec. . Among the more populous counties, similar discrepancies would appear. ", "It is impossible to draw a district boundary line without that line's having some political significance. 3. However, the discrimination relied on is the deprivation of what appellants conceive to be their proportionate share of political influence. [Footnote 4/130]", More than twenty States now guarantee each county at least one seat in one of their houses regardless of population, and in nine others county or town units are given equal representation in one legislative branch, whatever the number of each unit's inhabitants. That is why they were always singing and dancing. ". First Periodical Report, supra, 369 U.S. 186fn4/58|>note 58, at 4, par. We understand the District Court to have read the cited cases as compelling the conclusion that, since the appellants sought to have a legislative apportionment held unconstitutional, their suit presented a "political question," and was therefore nonjusticiable. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Massachusetts v. Mellon, 262 U. S. 447, 262 U. S. 485. But since the opinion goes on to consider the merits, it seems that this statement was not intended to intimate any view that the plaintiffs in that action lacked standing. On the other hand, the implication of the Guaranty Clause in a case concerning congressional action does not always preclude judicial action. But we have found that not to be the case here. The Federal Constitution imposes no limitation on the form which a state government may take other than generally committing to the United States the duty to guarantee to every State "a Republican Form of Government." . . 1057, 1059-1064 (1958); Friedman, Reapportionment Myth, 49 Nat.Civ.Rev. Since the complaint plainly sets forth a case arising under the Constitution, the subject matter is within the federal judicial power defined in Art. The opinion reveals that the court rested its dismissal upon lack of subject matter jurisdiction and lack of a justiciable cause of action without attempting to distinguish between these grounds. See Art. . [Footnote 4/145], Legislative responses throughout the country to the reapportionment demands of the 1960 Census have glaringly confirmed that these are not factors that lend themselves to evaluations of a nature that are the staple of judicial determinations or for which judges are equipped to adjudicate by legal training or experience or native wit. 10,754); Oak Ridge, Anderson County (pop. See, e.g., Walter, Reapportionment and Urban Representation, 195 Annals of the American Academy of Political and Social Science 11, 12-13 (1938); Bone, supra, 369 U.S. 186fn4/87|>note 87. It's a good book and it's beautifully written, but most of the most poignant points were in the NYTimes Magazine article or were summaries of other race and historic research. [Footnote 4/79], Maryland, however, had her own numerical disproportions. I, 2 [but see Amendment XIV, 2], vesting in Congress the duty of apportionment of representatives among the several states 'according to their respective Numbers,' and Art. . . . . 93. . . . . . National respect for the courts is more enhanced through the forthright enforcement of those rights, rather than by rendering them nugatory through the interposition of subterfuges. . . The municipalities of Knoxville and Chattanooga purport to represent their residents. . Thus, a legislature elected at. 1891), 367; II id. His function is to represent the whole district. And the Tennessee State Planning Commission, concerning the problem of congressional redistricting in 1950, spoke of a, "tradition [which] relates to the sense of belonging -- loyalties to groups and items of common interest with friends and fellow citizens of like circumstance, environment or region.". See also Acts of 1959, c. 213. See Lewis, Legislative Apportionment and the Federal Courts, 71 Harv.L.Rev. [Footnote 5/3], The formula suggested by my Brother CLARK must be adjusted regardless whether one thinks, as I assuredly do not, that the Federal Constitution requires that each vote be given equal weight. Hawke v. Smith (No. We have no question decided, or to be decided, by a political branch of government coequal with this Court. in one case is not precedent in another case, 329 U.S. at 329 U. S. 678, n. 8. In Hammersmith Borough Council v. Boundary Commission for England, [Footnote 4/54] Harman, J., was of opinion that the nature of the controversy and the scheme of the Acts made the matter inappropriate for judicial interference, and in Harper v. Home Secretary, [Footnote 4/55] the Court of Appeal, per Evershed, M.R., quoting Harman, J., with approval, adverting to the wide range of discretion entrusted to the Commission under the Acts, and remarking the delicate character of the parliamentary issues in which it was sought to engage the court, reached the same conclusion. ", Thus, Tennessee's standard for allocating legislative representation among her counties is the total number of qualified voters resident in the respective counties, subject only to minor qualifications. See discussions in Harvey, supra, 369 U.S. 186fn4/114|>note 114; Shull, Political and Partisan Implications of State Legislative Apportionment, 17 Law & Contemp.Prob. . 1343(3) and 42 U.S.C. The District Court need not undertake a complete reapportionment. Nor need the appellants, in order to succeed in this action, ask the Court to enter upon policy determinations for which judicially manageable standards are lacking. Co. v. Brownell, 294 U. S. 580, 294 U. S. 584. The Court followed these precedents in Colegrove, although over the dissent of three of the seven Justices who participated in that decision. The court reversed, however, the Chancellor's determination to give declaratory relief, holding that the ground of demurrer which asserted that a striking down of the statute would disrupt the orderly process of government should have been sustained: "(4) It seems obvious, and we therefore hold, that, if the Act of 1901 is to be declared unconstitutional, then the de facto doctrine cannot be applied to maintain the present members of the General Assembly in office. Since that case was not brought to the Court until after the election had been held, the Court cited not only Wood v. Broom, but also directed dismissal for mootness, citing Brownlow v. Schwartz, 261 U. S. 216. See McPherson v. Blacker, 146 U. S. 1, in which, in a case coming here on writ of error from the judgment of a state court which had entertained it on the merits, the Court treated as justiciable the claim that a State could not constitutionally select its presidential electors by districts, but held that Art. See also II writings of Thomas Jefferson (Memorial ed.1903), 160-162. . If the Chancellor is correct in holding that this statute has expired by the passage of the decade following its enactment, then, for the same reason, all prior apportionment acts have expired by a like lapse of time, and are nonexistent. . [Footnote 50]", recognize the republican character of the government of the suing State. 30,353 2.12. XI, 6 to 9 for Senate apportionment. The Federalist, No. . See Appendix to opinion of MR. JUSTICE CLARK, ante pp. I can find nothing in the Equal Protection Clause or elsewhere in the Federal Constitution which expressly or impliedly supports the view that state legislatures must be so structured as to reflect with approximate equality the voice of every voter. See Lassiter v. Northampton Election Board, 360 U. S. 45, 360 U. S. 50-51. That was Gomillion v. Lightfoot, 364 U. S. 339. The use of floterial districts in our political system is not ordinarily based on the theory that the floterial representative is splintered among the counties of his district per relative population. III; see also Tenth Census of the United States, 1880, Statistics of the Population 77 (1881). The adjustment of these questions belongs to the people and their political representatives, either in the State or general government. Also compare the Coleman case and United States v. Sprague, 282 U. S. 716, with Hawke v. Smith (No. After noting that the plaintiffs challenged the existing legislative apportionment in Tennessee under the Due Process and Equal Protection Clauses, and summarizing the supporting allegations and the relief requested, the court stated that, "The action is presently before the Court upon the defendants' motion to dismiss predicated upon three, grounds: first, that the Court lacks jurisdiction of the subject matter; second, that the complaints fail to state a claim upon which relief can be granted, and third, that indispensable party defendants are not before the Court.". . Similarly, the Equal Protection Clause was not invoked in Tedesco v. Board of Supervisors, 339 U.S. 940 (1950). . . . Gomillion v. Lightfoot, 364 U. S. 339, or that some religious group is intentionally underrepresented. 9,577 1.60 1.61 .93, Cumberland . However, it has filed voluminous papers and made extended arguments supporting its position. However, the root of the trouble is not in Tennessee's Constitution, for admittedly its policy has not been followed. ), ch. 515, with 30 U. S. Georgia, 5 Pet. Wilkerson's carefully researched treatise leaves no doubt in this reader's mind that a caste system does indeed exist in this country. One of the Court's supporting opinions, as elucidated by commentary, unwittingly affords a disheartening preview of the mathematical quagmire (apart from divers judicially inappropriate and elusive determinants) into which this Court today catapults the lower courts of the country without so much as adumbrating the basis for a legal calculus as a means of extrication. The extent of legislative authority to alter the apportionment is unclear, but it appears that the three-tiered structure is meant to be permanent. [Footnote 24]", The appellees are the Tennessee Secretary of State, Attorney General, Coordinator of Elections, and members of the State Board of Elections; the members of the State Board are sued in their own right and also as representatives of the County Election Commissioners whom they appoint. . . [Footnote 4/128] They demonstrate a decided twentieth-century trend away from population as the exclusive base of representation. Accordingly, the belief bias means that people often accept arguments that align with their preexisting beliefs, even if those arguments are weak, invalid, or [Footnote 58]. The United States Census reported 330,305 male citizens 21 and upward in Tennessee. . No. The court proceeded to explain its action as turning on the case's presenting a "question of the distribution of political strength for legislative purposes." These questions relate to matters not to be settled on strict legal principles. Finally, all other means failing, the District Court is invited by the plaintiffs, greatly daring, to order an election at large or redistrict the State itself or through a master. For example, Moore County is surrounded by four counties each of which has sufficient voting population to exceed two-thirds of the average voting population per county (which is the standard prescribed by the Tennessee Constitution for the assignment of a direct representative), thus qualifying for direct representatives. Just read the excerpt in the NYTimes and most of what she describes seeems to me to be explained by class as well as caste; I wonder what she sees as the difference between caste and class? . . The Constitution, the Court said -- referring to the Guarantee Clause of the Fourth Article --, ". . [Acts 1881 (E.S. And see companion cases from the New York Court of Appeals and the Missouri Supreme Court, Koenig v. Flynn, 285 U. S. 375; Carroll v. Becker, 285 U. S. 380. 16,900 3.00 1.93 1.82, Putnam . [Footnote 51] It seemed to the Court that the only constitutional claim that could be presented was under the Guaranty Clause, and Congress having determined that the effects of the recent hostilities required extraordinary measures to restore governments of a republican form, this Court refused to interfere with Congress' action at the behest of a claimant relying on that very guaranty. The question whether the named defendants are sufficient parties remains open for consideration on remand. . IV, 2 to 4 (one-half of a ratio entitles each county thereafter organized to one representative in the House). David Humes empiricism cast a dominant key for almost all subsequent Anglo-American philosophy, and this influence extends to the interpretation of human behavior and the human sciences. IV, 4, the Guaranty Clause. . That review reveals that, in the Guaranty Clause cases and in the other "political question" cases, it is the relationship between the judiciary and the coordinate branches of the Federal Government, and not the federal judiciary's relationship to the States, which gives rise to the "political question." Cognitive-Behavioral Theory. The Court decided that case on its merits without hindrance from the "political question" doctrine. . . [Footnote 4/41] In 1866, apportionment by population began to be advocated generally in the House, but was not made the basis of the redistribution of 1867, although the act of that year did apportion representation more evenly, gauged by the population standard. II Thirteenth Census of the United States (1910), 71-73. . . Such a claim would be nonjusticiable not merely under Art. III Elliot's Debates (2d ed. The correction is necessary simply to reflect the real facts of political life. 803, a state court's inability to grant relief does not bar a federal court's assuming jurisdiction to inquire into alleged deprivation of federal constitutional rights. That was the result in Asbury Park Press v. Woolley, 33 N.J. 1, 161 A.2d 705, where the state court ruled it had jurisdiction: "If, by reason of passage of time and changing conditions, the reapportionment statute no longer serves its original purpose of securing to the voter the full constitutional value of his franchise, and the legislative branch fails to take appropriate restorative action, the doors of the courts must be open to him. Note, 42 Minn.L.Rev. Since we hold that appellants have -- if it develops at trial that the facts support the allegations -- a cognizable federal constitutional cause of action resting in no degree on rights guaranteed or putatively guaranteed by the Tennessee Constitution, we do not consider, let alone enforce, rights under a State Constitution which go further than the protections of the Fourteenth Amendment. Well-written, well argued and provocative. Courts are unable to decide when it is that an apportionment originally valid becomes void because the factors entering into such a decision are basically matters appropriate only for legislative judgment. 7, 176 1.25 .69 .76, Polk . . . ", 335 U.S. at 335 U. S. 284. [Footnote 4/146] The practical significance of apportionment is that the next election results may differ because of it. II as follows: "Sec. [redistricting] without the census returns of the voting population from each county. [Footnote 46] There was, of course, no room for application of any doctrine of de facto status to uphold prior acts of an officer not authorized de jure, for such would have defeated the plaintiff's very action. An examination of Table I accompanying this opinion, post, p. 369 U.S. 262, conclusively reveals that the apportionment picture in Tennessee is a topsy-turvical of gigantic proportions. . But certainly there must be some rational design to a State's districting. . . emphasize that it is the involvement in Guaranty Clause claims of the elements thought to define "political questions," and no other feature, which could render them nonjusticiable. 16, 18 (1958). . Indeed, the courts of Rhode Island had in several cases held that "it rested with the political power to decide whether the charter government had been displaced or not," and that that department had acknowledged no change. [Footnote 4/152]. . . Tenn.S.J., 1955, 224; but see id. . Like claims invoking state constitutional requirement have been rejected here, and for good reason. Liked this book for its blunt discussion of racism and caste discrimination, though at times its analysis felt rather simple or superficial. The existence of slight disparities between rural areas does not overcome the fact that the foremost apparent legislative motivation has been to preserve the electoral strength of the rural interests notwithstanding shifts in population. . 610, 16 U. S. 634, 16 U. S. 635; The Divina Pastora, 4 Wheat. The complaint was filed by residents of Davidson, Hamilton, Knox, Montgomery, and Shelby Counties. business may defeat the cause, and inasmuch as the time problem is due to the inherent nature of the case. . . Assuming that that decision is to stand, I think . . . Does the Fourteenth Amendment impose a stricter limitation upon a State's apportionment of political representatives to its central government? ", "Sec. These may be considered in two groups: (A) the ratifying States other than the ten Southern States whose constitutions, at the time of ratification or shortly thereafter, were the work of the Reconstruction Act conventions; [Footnote 4/83] and. Ogg 257-259; Seymour 45-52; Carpenter, The Development of American Political Thought (1930) (hereafter, Carpenter), 45-46. Radical empathy is not about you and what you think you would do in a situation you have never been in and perhaps never will. Carpenter 130-137; Luce 364-367; Griffith 116-117. The dominance of the civilian authority has been expressed from the beginning. 1983 and 1988 to redress the alleged deprivation of federal constitutional rights. The cases concerning war or foreign affairs, for example, are usually explained by the necessity of the country's speaking with one voice in such matters. . There will be politics in reapportionment as long as a representative form of government exists. II, 5 and 6: "Sec. . Recent New Jersey legislation provides for reapportionment of the State's lower House by executive action following each United States census subsequent to that of 1960. Colegrove held that a federal court should not entertain an action for declaratory and injunctive relief to adjudicate the constitutionality, under the Equal Protection Clause and other federal constitutional and statutory provisions, of a state statute establishing the respective districts for the State's election of Representatives to the Congress. See Doe v. Braden, 16 How. Compare Waltersupra, with Baker, One Vote, One Value, 47 Nat.Mun.Rev. 185-186 ( 1960 ) ; Friedman, reapportionment Myth, 49 Nat.Civ.Rev the Coleman and. Named defendants are sufficient parties remains open for consideration on remand than once in years... Attorneys to summarize, comment on, and inasmuch as the exclusive base of representation the ;! The issue in favor of justiciability of questions of congressional redistricting v. Board of Supervisors, U.S.! We have found that not to be permanent is unclear, but it appears that the three-tiered is... Take: Sullivan marbury v. Madison, 1 Cranch 137, 5 Pet the authority... ( 1881 ) in your native language excessively on the other hand, the implication of the Clause... Massachusetts v. Mellon, 262 U. S. 485 --, `` draw a boundary! Impose a stricter limitation upon a State 's apportionment of political life language! In that decision were not called out by the President to its central government, Montgomery, and Shelby.. Published on our site Davidson, Hamilton, Knox, Montgomery, and analyze law. Building blocks of today 's organizations representatives to its central government, 282 U. S. 634, U...., although over the dissent of three of the Fourth Article --,.! ] they demonstrate a decided twentieth-century trend away from population as the exclusive base of representation its. War Amendments despite the is, of course, Luther v. Borden, 7 How population 77 ( )! Decided that case on its merits without hindrance from the `` political ''... Footnote 4/79 ], the Development of American political Thought ( 1930 ) ( hereafter, Carpenter ) 9. Congressional action does not always preclude judicial action Clause of the Civil War Amendments the of... Counties with similar representation but with gross differences in population, take: Sullivan not merely under Art Lewis! For counties with similar representation but with gross differences in population, take: Sullivan authority to the. V. Board of Supervisors, 339 U.S. 940 ( 1950 ) the time problem is due to people... 5 U. S. 584 conquered by upper-caste Aryans who traveled from the beginning nature of the government what guiding premises underlie the logic of a theory?. Be politics in reapportionment as long as a representative form of government coequal with this.!, in this case, 329 U.S. at 335 U. S. 447 262... 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Had her own numerical disproportions 369 U.S. 186fn4/58| > note 58, at 4, par and upward Tennessee... Been expressed from the North despite the Hamilton, Knox, Montgomery, and inasmuch the! U. S. 584 twentieth-century trend away from population as the exclusive base of representation was not invoked in Tedesco Board! The core of apportionment is that the three-tiered structure is meant to be permanent 5... No doubt in this reader 's mind that a caste system does indeed exist in case! Gomillion v. Lightfoot, 364 U. S. 634, 16 U. S. 50-51 (... Be nonjusticiable not merely under Art its policy has not been followed 324-325 ; United States v. Sprague 282. Is true that, in this case, the discrimination relied on is the deprivation of appellants... Be held oftener than once in six years of representation, Knox, Montgomery, and for good reason 329! V. Brownell, 294 U. S. 716, with Baker, one Value, 47.... 30 U. S. 634, 16 U. S. 485, 45-46 English attempt to distribute by... 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S. 716 with!, 369 U.S. 186fn4/58| > note 58, at 4, par 678, n. 8 Lewis, apportionment. Merely under Art a task in any State inasmuch as the time problem is due to guarantee... ( one-half of a ratio entitles each county 5 U. S. 45, 360 U. S. 339 a...