Detroit Free Press from Detroit, Michigan • Page 4

DETROIT FREE PRESS 4-A Thursday, July 19, 1962 Ruling Caps SENATORIAL DISTRICTS Numbers show Senatorial Districts and I960 popula Three-xear tions. Court Fight Top Court Is Blasted By GOP Continued from Page One wisdom of the Court' majority opinion," Romney Bald. The State Supreme Court's historic decision Wednesday that Michigan's apportionment In its 34 senatorial districts Is illegal la the culmination of 1 349,195 2 294333 3 246,063 i 4 307,177 5 308,584 6212,044 7 186,797 8 137363 9 173,761 10 166,736 11 405,804 12 690,583 13 374,313 14 249,529 15 141,099 16 138,058 17 225,129 nearly three years of court "Nothing can be gained by August Scholle, AFL-CIO aii attempting to BUDsutute my 7 tr XTinmu rum notocT-j yj Senatorial --riL 1 1 1 Districts president, first filed suit in the state's high court Dec. 7, 1959, seeking reapportionment to give more voting influence to the more densely populated xmm sac- urban districts. Figures ahovr district numbers) Judgment for that of the justices." i Instead, he called for quick action toward "more equitable" Senate districts but with provision for recognizing sparsity of population as an important factor, along with density, to prevent "domination" by a few heavily populated (and heavily or potentially Democratic) counties.

IX JUNE 1960, the suit was heard and the court, in a split decision, ruled against Scholle, who Immediately took the case to th United States Supreme Court. Francis also said he was "not surprised at all" by the Court f' MCEBU CUK ftUMI 1 X. I I Sfmm ecu ami kcmt ituciu I 1TY i-O -v, 1 I tnau .1 mu I 2 (Ml MM I mrrtua I mm I I I mi 25 -I r.i yj IC ml 13 I I tun vjn Usyj -6--9-Tiio Ijrf n.u decision. But he lit out after the court The basis of his plea was that a voter can bring suit "against malapportionment of a legislature on the grounds that his Federal right to equal protection under the law has been violated." while Romney was avoiding 18 512,752 19 178,909 20 109,625 21 48,130 22 190,752 23 248,662 24 193,840 25 136,990 26 87,016 27 90,650 28 94,026 29 97,523 30 128,553 31 121,625 i 32 55,806 33 172,440 34 149,127 THESE 34 STATE SENATE districts must be changed to more closely reflect population, and must be reduced to 32, under Wednesday's Michigan Supreme Court ruling. Present districts, indicated by heavy lines criticism of the Justices.

"I THINK we've got packed court," Francis said. The United States Supreme sent the case back to the State Supreme Court for "The majority of them are UAW and AFL-CIO appointees, and I expected they would jump at Scholle's beck and call. review. It cited as precedent a similar apportionment case In Tennessee in which it had been "As a legislator and a lawyer, I think the Supreme Court is decided last April that such plea was, Indeed, subject to on the map, vary widely In population as the accompanying table shows ranging from Oakland County's 12th District with 690,583 to the Upper Peninsula's 32nd, with only 55,806. Federal action.

taking over legislative respon sibilities." Despite his obvious unhap-plness, Francis could still joke about the new political situation, where It appears S2 senators will be chosen at-large In November. In May, the United States Supreme Court stood firm on its April decision and refused to consider its decision. Redistrict Senate, High Court Orders "This is eroine to make it THE PRESENT districting system was determined by the November 1952 election when mighty tough for those cam The Legislature is In recess, gency meeting of the State rai miner this time," Francis Administrative Board late Continued from Page One Michigan court two years ago election would lack constitutional equality so as to void that law." The Williams and GIddings said. voters rejected an amendment CTxmored by both the AFL an action taken in anticipation of the court's decision. It is due to return to Lansing July 26 unless called back sooner.

Wednesday afternoon to consider the court's decision and on a lunsaiction question, Then he laughed and noted he is not seeking re-election and the CIO and, instead, ap came up for a second decision decide a course of action. cases were decided by the State this falL proved a rival amendment to by order of the United States Gov. Swainson held an emer- State elections directbr Supreme Court some 60 years ago. the constitution pushed by the Robert Montgomery said his Romney took what amounted to a "statesmanlike" approach rural areas. office will immediately notify The proposed new constitu local election clerks to block Organized labor wanted popu when compared with the angry reactions of most Michigan Only at Triangle Decorator Consoles COMPARABLE PIECES SELL FOR $109 to $159 CHOOSE FROM 6 BRILLIANT COLORS OR MAPLE Extraordinary value in an extraordinary console cabinet.

So versatile so handsome so modestly priced. Soundly crafted of solid maple magnificently finished in antique white, wedgewood blue, ebony, red or green with gold decorations or choose mellow golden maple. Use singly or in pairs dual-hinged doors allow easy access to shelved storage area. Antiqued brass door pulls. See them tomorrow save! out Senate district on ballots tion's Senate formula would require disparities of up to five or six to one immediately and lation to be the sole guide to Republicans.

Many States Involved in Supreme Court which in April remanded the case with instruction to do it In the light of the historic March decision in a Tennessee apportionment case. Justice Kavanagh, who wrote the controlling opinion, held that present Senate districts, voting power. The outstate While House Speaker Don R. even larger disparities in the Fears Buchanan) was say communities wanted area to be a determining factor also future. Here, then," Kavanagh con ing he still believes "population representation of both houses Similar Suits and they won.

The new amendment In creased the number of dis of the Legislature would destroy with population disparities of tinued, "is a maximal standard by which the Legislature and the Constitutional Convention may receive fair guidance. our State government," Romney up to 12 to 1, clearly violated equal protection. tricts by two and was "frozen" Michigan Is one of many was calling for "equitable ap' portionment as quickly as pos states having apportionment Into the constitution. When a legislative appor Bible." KAVANAGH also advised problems. tionment provides districts hav The fight was bitter and the already printed and on voting machines.

SENATOR Carlton H. Morris Kalamazoo) hurriedly assembled his Senate Judiciary Committee. There was talk of trying to place a constitutional amendment on the November ballot, but this wouldn't help the senators for this year's election. It would require a two-thirds vote by both House and Senate and the House Democrats could hardly be expected to approve since they have been calling for equal apportionment for years. the Legislature and the con State and Federal courts sponsors of Amendment No.

2 ing more than double the population of others, the constitu stitutional convention that have thrown out legislative ap the one that was defeated, had tional range of discretion is "I AM UNALTERABLY opposed to population of the Senate," Pears said portionments In Maryland, as their battle cry: Georgia, Alabama, Tennessee, Oklahoma and Wisconsin since "People, not pine stumps. "This is not to say that less should make the law." March. than two-to-one ratio is constitutionally good. flatly. He said he was convinced that a system where the House of Representatives reflects population and the Senate geo prior Michigan decisions will control as future guidelines In determining what isn't legal in legislative districts.

These decisions, dating back more than 50 years, say that a population disparity of more than two-to-one between the largest and the smallest districts Is Invalid. It is to say only that peril Chilly Cargo ends sand disaster occurs when i II graphic area is best. These other states are Florida, North Dakota, Virginia, Connecticut, Iowa, Louisiana Maine, North Carolina, Texas and Kansas. II that line is crossed." Romney, however, said he Some Republicans talked of "recognized certain inequities In A SMALL GROUP of Re apportionment (of) Senate dis MIAMI, Fla. W) Forty five pounds of snow from Den ver landed at Miami Interna tional Airport, ordered by circulating petitions to place an amendment on the ballot, In all cases, the argument is tricts" and the "important task The court, thus, in effect, also upheld Scholle's claim that the publican senators, party leaders and lawyers gathered outside that legislative districts favor only to discover that the legal now Is to achieve equitable ap portionment as quickly as pos proposed new constitution for rural voters and discriminate department store for rehearsal deadline already has passed for the Supreme Court Clerk's office Wednesday morning to mula for area plus population against urban residents.

sible." of a promotion project. such action this year. on an 80-20 ratio would be a await the court's decision. It tt 1 nnnnannnnnnnnnnnnnnnnnttnannnHnniJH violation of the Federal Consti tution. They hurriedly scanned the i voluminous opinions looking for But Pears and Romney agreed in their belief that a vote of the people on districting would rule out strict population representation as the $7 DOWN 1 IFiM: Justice Black called attention to the fact that the Constitu 0 an escape hatch by which pres ent district! could be saved for tional convention Is due to meet this year's election, or less than basis for Senate districts.

again for final adjournment equal districts drawn up. None "I am confident that any vote was to be found. on Aug. 1. He Indicated strongly that the delegates should make No Whimpering! We Discount All Appliances Kavanagh's carefully chosen some changes in their plans words were obviously designed to leave no misunderstanding of the people will reflect statewide agreement that the population geographic apportionment system between the two houses of the Legislature should be maintained," Pears said.

IN SHARP contrast to the i i oc lit iitwr'-iwM Jk. mmimimtmi and no loopholes. ta 0 0 historic United States decision, With a Smile! 5 The goal of apportionment. Kavanagh spelled out what the Kavanagh said, is "substantial equality." Other majority opin Michigan court considers "invidious discrimination" under ROMNEY SAID he would "endorse efforts" to put to a ions written by Black and Sou You don't have to have a friend who knows the boss, fi you don't need a special card, you don't need proof 0 you (maybe) could buy it lower elsewhere, you don't the accepted 14th amendment ris agreed. Smith signed the standard.

vote of the people what he con. OLLIE FRETTER One of Michigan's Original Discounters need a trade-in or a bundle of money down to get our big carload discount priceAll you need is the time 2 Souris version. Senator John F. Fitzgerald Grand Ledge), who is one of the intervening defendants who battled Scholle 0 to stop in! Everybody gets my discount price on every thing we have! sidered the "basic 'question" In the matter, which he defined as: "Do the people of Michigan want both of their Legislature controlled by four counties?" He suggested Legislative action to put to a referendum vote a choice between continuing the 1908 Constitution's strict popu He said: "We would conclude, then, under the rule of Williams and GIddings as applied by our own court, that any law of our state giving some citizens more than twice the votes of other citizens In either the primary or general WESTINGHOUSE WESTINGHOUSE WESTINGHOUSE REFRIGERATOR 1 12 CU. FT.

0 0 0 0 0 0 0 0 lation-based Senate district plan or adopting the recent Consti- Sal mill III aaai CEHUMID1FIEI Hilt Int tny 115-Mlt AC Remmt 4 alloni of iter dally 5-rr Coarantoo MfTTER'S LOW, LOW tutlonal Convention's plan, 19" DELUXE PORTABLE TELEVISION Trim tteht ityln Convenient front controls Roconr tori mtki Fretter', City Ballots Aerna tap freezer lilli 77 Iks. true food. Very at-laie. 5- ear aarranty. lira In crates.

FRETTER'S which "weights" population and area on an 80-20 basis, to "pre Available vent domination" by Wayne, Oakland, Macomb and Genesee LOW LOW 0 0 166 Absentee ballots are available up to the highest court in the land and lost, promptly announced that another appeal would be taken to the United States Supreme Court. But, he added, "I don't think there is enough time to save us for this year's election." FITZGERALD talked vaguely of trying to get a federal district judge in Grand Rapids to issue an injunction against the Michigan Supreme Court. Not many lawyers took him seriously, however. "Frankly, in my opinion," Fitzgerald concluded, "all the Legislature can possibly do Is get back Into session as quickly as possible and start drawing new districts. 95 69 for Detroit's Aug.

7 primary 0 election. Voters who are ill or will be 0 APPLIANCES IN STOCK BUY MOST AT ONLY CZZZ 0 0 out of the city election day may obtain ballots by visiting or writing the City Clerk, 202 City-County Building. Counties. Top Democrats and labor leaders approved the Court decision. Gov.

Swainson lauded it as a "great victory for the people" and "the end to minority rule." State Attorney General Frank Kelley termed It "an historio decision which affects every man, woman and child In this State." House Minority Leader Jo 27o 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 Reasons should be given for inability to vote in person. Deadline for applications is 2 p. m. Saturday, Aug. 4.

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