midpage
OPINION OF THE COURT
APPENDIX 1
APPENDIX 2
APPENDIX 3
APPENDIX 4 STATE SENATE
APPENDIX 5 HOUSE OF REPRESENTATIVES

Connor v. JohnsonConnor v. Johnson

District Court, S.D. Mississippi
Mar 3, 1967
Civ. A. No. 3830
Reporters:
Before:
Coleman, Cox, Russell

OPINION OF THE COURT

COLEMAN, Circuit Judge.

This Court in this cause has heretofore found it necessary to hold unconstitutional the reapportionment of both the House of Representatives and the Senate in the Mississippi Legislature as it was attempted in 1962, see 256 F.Supp. 962, July 22, 1966. By reference, we now incorporate that opinion into (and make it a part of) what is now about to be written and done.

Under the 1962 Reapportionment, as declared unconstitutional, the membership in the House of Representatives varied, either over or under, in excess of ten per cent of the norm in sixty-five of the eighty-two counties. In thirty-eight instances the variation was more than twenty-five per cent. In the forty-nine senatorial districts there were thirty-five which varied in excess of ten per cent. Obviously, under the one man one vote rule, this could not stand.

Rather than undertaking the exercise of equity powers and ourselves reapportioning the House and Senate, we expressly requested the Legislature to do so, 256 F.Supp., at 968.

The Governor called the Legislature into special session on November 9, 1966. Senate Bill No. 1504 was passed by both houses of the Legislature and approved by the Governor on December 1, 1966.

Tables showing in detail the apportionment of the 52 Senate seats and the 122 House seats as attempted by Senate Bill No. 1504 will be attached to and made a part of this opinion as Appendix 1.

An examination of Appendix 1 will show that under this statute twenty-five of the forty-one senatorial districts, established for the election of 52 senators, varied from the norm (41,887) by more than ten per cent, either over or under. There were such glaring variations as 32.55% and 30.02%, as well as ten others in excess of fifteen per cent.

A similar examination as to the House of Representatives reveals that of the seventy-two districts set up for the election of 122 representatives, thirty varied from the norm (17,854) by more than ten per cent, either over or under. There were such widespread margins as 41.60%, 34.87%, 33.81%, and 30.46%.

After requiring briefs of the parties, this Court convened on January 9, 1967, to consider the validity of these plans. On that very day the Supreme Court of the United States decided Swann v. Adams, No. 136, October Term, 1966, 385 U.S. 440, 87 S.Ct. 569, 17 L.Ed.2d 501.

To obtain and study a copy of that decision before proceeding further, the Court adjourned until the next day. An examination of the decision made it crystal clear that Senate Bill No. 1504 was fatally defective unless the variations above described could be explained on the basis of rational state policy, such as the integrity of political subdivisions, the maintenance of compactness and contiguity in legislative districts, or the recognition of natural or historical boundary lines.

We then entered a formal order giving the State an opportunity to offer such explanations. Since the Mississippi Legislature keeps no stenographic report of its debates and requires no formal committee reports other than recommendations as to passage or rejection, it was impossible for the Attorney General to file such an explanation.

Therefore, under the standards required by Swann v. Adams, supra, we hereby find Senate Bill 1504 to be unconstitutional on its face, null and void.

The primaries for the nomination of candidates for the House and Senate for the 1968-1972 term are scheduled by law for August 8, 1967, with the general election to follow on November 7. There is no alternative now to doing that which we have tried so hard to avoid. The equity powers of this Court must be exercised and we must proceed to order a reapportionment which will meet constitutional standards. To do otherwise could leave the Government of the State of Mississippi in what could be, or could become, chaos.

We expressly point out that the exercise of this unavoidable judicial duty cannot, does not, and will not in any way tie the hands of the Legislature at any time to adopt and enact any plan of its own for the reapportionment of its membership so long as it complies with Constitutional requirements.

We have dismissed as utterly impractical any idea of requiring the election to be held state-at-large. Any effort to reapportion by Congressional Districts would suffer the same disadvantages or difficulties, even if on a less acute scale.

After exhaustive deliberation, including the consideration of all reasonable alternatives which have occurred to us, we now proceed to lay out districts for the election of Senators and Representatives in the Mississippi Legislature so that the 2,178,141 inhabitants will as nearly as possible be equally represented in compliance with the one man one vote rule as enunciated by Swann v. Adams, supra.

In doing this we simply consider the State of Mississippi as a “big house” which must, in one instance be divided into 52 rooms containing substantially the same number of occupants and, in the other must be divided into 122 rooms. This has to be done, of course, within immovable exterior boundaries and within permissible tolerances.

This can be done only through the use of county boundaries and county population figures. Being predominantly a rural state, Mississippi has no other useful population measuring stick. We recognize also that counties are frequently divided from each other by natural boundaries, such as the considerable number of rivers and other large streams within our borders, as the map will verify. We have also taken into consideration the location and courses of state highways as means of communication between the people of one county and the people of other counties placed in the same district. We have consulted county groupings as to judicial districts as giving some evidence of the convenience of the public in the effective exercise of the elective process.

The overpowering consideration, however, has been to make the elective districts as nearly equal as possible in population, without discrimination or favoritism of any kind. We hereby find and adjudicate as a fact that this has been accomplished, considering that it primarily had to be done within the context of county boundaries and county population figures.

Pursuant to this approach it is hereby determined that the Districts for the election of the 52 Senators and the 122 Representatives in the Mississippi Legislature shall be and they are established as follows:

For the Election of Senators
District                                           No. of
No.      Counties                                 Senators
 1       DeSoto and Tate                             1
 2       Lafayette and Marshall                      1
 3       Benton, Pontotoc, and Union                 1
 4       Alcorn and Tippah                           1
 5       Itawamba, Prentiss, and Tishomingo          1
 6       Lee                                         1
 7       Quitman and Tunica                          1
 8       Coahoma                                     1
 9       Panola and Yalobusha                        1
10       Grenada and Tallahatchie                    1
11       Calhoun, Chickasaw, Clay, and Monroe        2
12       Lowndes                                     1
13       Noxubee and Oktibbeha                       1
14       Choctaw, Webster, and Winston               1
15       Attala, Carroll, and Montgomery             1
16       Bolivar and Washington                      3
17       Sunflower                                   1
18       Leflore                                     1
19       Holmes and Humphreys                        1
20       Issaquena, Sharkey, and Yazoo               1
21       Warren                                      1
22       Madison, Rankin, and Scott                  2
23       Leake and Neshoba                           1
24       Clarke, Kemper, Lauderdale, and Newton      3
25       Covington, Jasper, and Smith                1
26       Jefferson Davis, Lawrence, and Simpson      1
27       Hinds                                       5
28       Claiborne and Copiah                        1
29       Franklin, Jefferson, and Lincoln            1
30       Adams                                       1
31       Amite, Pike, Walthall, and Wilkinson        2
32       Forrest, Lamar, and Marion                  2
33       Jones and Wayne                             2
34       Hancock, Pearl River, and Stone             1
35       Harrison                                    3
36       George, Greene, Jackson, and Perry          2

As previously noted, allocating 52 Senators to a total population of 2,178,141 fixes the population norm per Senator at 41,887. We hereto attach and make a part of this opinion as Appendix 2 a detailed table of population by counties and districts as affected by this apportionment. It is noted that only six districts vary from the norm in excess of ten percent. These are as follows:

District 5, 12.011% over the norm.

District 8, 10.325% over the norm.

District 12, 11.345% over the norm.

District 18, 12.546% over the norm.

District 19, 10.270% over the norm.

District 29, 10.266% over the norm.

From 1890 to 1962, District 5 stood as we now constitute it. The people of that District are accustomed to electing their Senator as a unit.

Districts 8, 12, and 18 are single county Districts. These counties clearly have more than enough inhabitants to elect a Senator within and of themselves without being combined with another county or other counties. Since 4,188 people are enough to cause a variation of 10% and since none of these variations is as much as 13% we have concluded that the best interests of these people would be served by allowing them to elect their own Senators. Moreover, in a total statewide plan it is impossible to avoid these variations at some point in the State.

Districts 19 and 29 are contiguous, have similar economic interests, and especially comply with the rule of compactness.

The Order of the Court will provide, in keeping with prior Mississippi statutes on the subject, that in Districts electing more than one Senator, the same will be nominated and elected by POSTS as to each member.

It is further noted that in the 16th Senatorial District the County of Bolivar and the County of Washington each have a population in excess of the norm for one Senator, but not enough for two. It will therefore be further ordered that the Senator for Post 1 shall be nominated and elected from Washington County, the Senator for Post 2 shall be nominated and elected from Bolivar County, and for Post 3 from the District at large.

The Districts for the election of 122 Representatives in the Mississippi Legislature shall be and they are established as follows:

House of Representatives
District                                            Number
No.      Counties                             of Representatives
 1       Alcorn and Tishomingo                       2
 2       Prentiss                                    1
 3       Tippah and Union                            2
 4       Benton, DeSoto, and Marshall                3
 5       Tate                                        1
 6       Tunica                                      1
 7       Coahoma and Quitman                         4
 8       Lafayette and Panola                        3
 9       Pontotoc                                    1
10       Itawamba and Lee                            3
11       Monroe                                      2
12       Chickasaw                                   1
13       Calhoun                                     1
14       Tallahatchie and Yalobusha                  2
15       Leflore and Sunflower                       5
16       Bolivar                                     3
District                                            Number
No.      Counties                             of Representatives
17       Issaquena, Sharkey, and Washington          5
18       Humphreys                                   1
19       Holmes and Yazoo                            3
20       Grenada and Montgomery                      2
21       Attala and Carroll                          2
22       Choctaw and Webster                         1
23       Clay                                        1
24       Lowndes and Oktibbeha                       4
25       Winston                                     1
26       Noxubee                                     1
27       Kemper and Neshoba                          2
28       Leake                                       1
29       Madison                                     2
30       Hinds                                      10
31       Claiborne and Warren                        3
32       Rankin                                      2
33       Scott and Smith                             2
34       Newton                                      1
35       Lauderdale                                  4
36       Clarke                                      1
37       Jasper                                      1
38       Jefferson Davis and Simpson                 2
39       Copiah and Lawrence                         2
40       Jefferson and Lincoln                       2
41       Adams                                       2
42       Amite, Franklin, and Wilkinson              2
43       Pike                                        2
44       Marion and Walthall                         2
45       Covington and Jones                         4
46       Forrest and Lamar                           4
47       Wayne                                       1
48       Greene and Perry                            1
49       George and Stone                            1
50       Hancock and Pearl River                     2
51       Harrison                                    7
52       Jackson                                     3

As previously noted, allocating 122 Representatives to a total population of 2,178,141, fixes the population norm per Representative at 17,854. We hereto attach and make a part of this opinion as Appendix 3 a detailed table of population by counties and districts as affected by this apportionment. It is noted that only two districts vary from the norm in excess of ten per cent. These are as follows:

District 13, Calhoun County, 10.715% under the norm.

District 20, Grenada and Montgomery, 11.140% under the norm.

It will be noted that 179 people will vary the Representative norm by one per cent. The variations here involve 126 people in excess of a ten per cent variation in Calhoun County and 202 people in excess of a ten per cent variation in the two counties of Montgomery and Grenada. Lacking any better alternative by possible combinations with adjoining counties (see map, appendix) we cannot allow these small numbers of people (126 in one instance and 202 in the other) to destroy a statewide plan of reapportionment.

Moreover, Calhoun County had to be placed in a four county Senatorial District to meet the standard. From 1890 to 1962, Montgomery and Grenada Counties shared a floater representative, so these counties are accustomed to a joint participation in the legislative elective process. They are closely bound together by Interstate Highway 55 and are in the same judicial district.

The Order of the Court will provide, in keeping with prior Mississippi statutes on the subject, that in Districts electing more than one Representative, the same will be nominated and elected by POSTS as to each Member.

Because Lee County has almost three times the population of Itawamba, we sought to avoid the combination of these two counties in the same district. We found it impossible to observe the norm unless this is done. Moreover, these Counties from 1890 to 1962 shared a floater representative, are closely linked by U.S. Highway 78, and enjoy an unusually close economic solidarity.

Similar considerations and compulsions were encountered in linking Covington with Jones, Lamar with Forrest, and Issaquena and Sharkey with Washington. It may not be amiss for the writer of this opinion to point out that his home County, Choctaw, had to be linked with a County which has more population and more votes. These counties do enjoy many similar interests, however, and indeed were the same County prior to 1874.

These things simply have to be done if we believe that Legislators should represent people and that people are entitled to substantially an equal voice in the selection of their representatives.

As Appendixes 4 and 5, we attach maps showing the geographical outlines of the Senatorial and House Districts, from which it will at once be observed that the districts herein established are contiguous and compact.

In the Seventh District we note that Coahoma County has enough population to meet the requirements for two Representatives on its own, while Quitman has enough for one. It will therefore be further ordered that in the Seventh District for the election of Representatives Posts 1 and 2 will be nominated and elected from Coahoma County, Post 3 will be nominated and elected from Quitman County, and Post 4 will be nominated and elected from the District at large.

Identical considerations require the following similar provisions as to the following Districts.

In the Eighth District, Post 1 will be filled from Lafayette County, Post 2 from Panola County, and Post 3 from the District at large.

In the Fifteenth District, Posts 1 and 2 will be filled from Leflore County, Posts 3 and 4 will be filled from Sunflower County, and Post 5 will be filled from the District at large.

In the Nineteenth District, Post 1 will be filled from Holmes County, Post 2 from Yazoo County, and Post 3 from the District at large.

In the Twenty Fourth District, Posts 1 and 2 will be filled from Lowndes County, Post 3 from Oktibbeha County, and Post 4 from the District at large.

This procedure insures each county of that representation to which the norm entitled it but also insures the entire district the extra representation which its population justifies.

The Court wishes to especially point out in making this apportionment it has not had before it and has not consulted or considered any population figures in any county or district as to the race of the inhabitants thereof, but it has been the deliberate purpose of this Court that this reapportionment shall be wholly devoid of any racial consideration whatsoever.

The parties to this suit may, within ten days, file one complete proposed plan for the reapportionment of both Houses of the Legislature for the entire State if such parties believe and are prepared to demonstrate that such plan more nearly complies than the one herein described with the one man one vote rule and Swann v. Adams. Such plan shall also, of course, take into consideration all appropriate matters of state policy permitted by Swann v. Adams. Such plan may be accompanied by short memoranda or briefs, at the option of the parties, after which the plan will be thoroughly considered by the Court.

Upon the completion of such consideration, this Court will then enter its interlocutory order implementing this opinion and change or changes, if any, considered advisable in light of the recommendations of the parties.

As provided by Fed.Rules Civ.Proc. rule 52, this opinion shall constitute our findings of fact in this cause and the Court concludes as a matter of law that the reapportionment herein devised complies with the one man one vote rule as required by the Constitution of the United States.

The Court expressly retains full jurisdiction of the parties hereto and the subject matter hereof in order that it may judicially act upon any plan of Reapportionment which may hereinafter be enacted by the Legislature of the State of Mississippi under either the United States Census of 1960 or 1970, it being the true function of the Legislature to make such reapportionment, subject only to Constitutional review by the Courts.

The order of the Court shall provide for a copy of this opinion and order implementing the same, duly certified by the Clerk of this Court, to be served upon the Governor, the Attorney General and the Secretary of State by the United States Marshal as due and sufficient notice hereof; and all Legislators in both Houses of the Mississippi Legislature shall be elected and hold office as herein provided, and not otherwise, until the further orders of this Court.

APPENDIX 1


     APPORTIONMENT OF THE MISSISSIPPI SENATE
UNDER THE PROVISIONS OF S. B. 1504, LAWS OF THE
          SPECIAL SESSION OF 1966
------------------------------------------------------------
                                          Members              Rep. by       Over
Dist.                    Population       Total     to Which   No. of         Each          or      % Over
 No.   Counties            of Each      Population  Entitled   Members       Member       Under    or Under
-----  --------          ----------     ----------  --------   -------       ------       -----    --------
 1     DeSoto              23,891
       Tate                18,138         42,029     1.003        1          42,029        142        .33
 2     Benton               7,723
       Marshall            24,503
       Tippah              15,093         47,319     1.129        1          47,319       5,432     12.96
 3     Lafayette           21,355
       Panola              28,791         50,146     1.197        1          50,146       8,259     19.71
 4     Alcorn              25,282
       Itawamba            15,080
       Prentiss            17,949
       Tishomingo          13,889         72,200     1.725        2          36,100       5,787-    13.81-
 5     Lee                 40,589         40,589     0.969        1          40,589       1,298-     3.09-
 6     Pontotoc            17,232
       Union               18,904         36,136     0.862        1          36,136       5,751-    13.72-
 7     Calhoun             15,941
       Grenada             18,409
       Tallahatchie        24,081
       Yalobusha           12,502         70,933     1.694        2          35,466       6,421-    15.32-
 8     Coahoma             46,212         46,212     1.103        1          46,212       4,325     10.32
 9     Quitman             21,019
       Tunica              16,826         37,845     0.904        1          37,845       4,042-     9.64-
10     Washington          78,638         78,638     1.877        2          39,319       2,568-     6.13-
11     Bolivar             54,464         54,464     1.300        1          54,464      12,577     30.02
12     Sunflower           45,750         45,750     1.092        1          45,750       3,863      9.22
13     Leflore             47,142         47,142     1.125        1          47,142       5,255     12.54
14     Attala              21,335
       Carroll             11,177
       Montgomery          13,320         45,832     1.094        1          45,832       3,945      9.41
15     Chickasaw           16,891
       Clay                18,933         35,824     0.855        1          35,824       6,063-    14.47-
16     Monroe              33,953         33,953     0.811        1          33,953       7,934-    18.94-
17     Lowndes             46,639         46,639     1.113        1          46,639       4,752     11.34
18     Noxubee             16,826
       Oktibbeha           26,175         43,001     1.027        1          43,001       1,114      2.65
19     Choctaw              8,423
       Webster             10,580
       Winston             19,246         38,249     0.913        1          38,249       3,638-     8.68-
20     Kemper              12,277
       Neshoba             20,927         33,204     0.793        1          33,204       8,683-    20.72-
21     Leake               18,660
       Madison             32,904         51,564     1.231        1          51,564       9,677     23.10
22     Holmes              27,096
       Humphreys           19,093         46,189     1.103        1          46,189       4,302     10.27
23     Sharkey             10,738
       Yazoo               31,653         42,391     1.012        1          42,391        .504      1.20
24     Issaquena            3,576
       Warren              42,206         45,782     1.093        1          45,782       3,895      9.29
25     Claiborne           10,845
       Hinds              187,045        197,890     4.724        4          49,472       7,585     18.10
26     Rankin              34,322         34,322     0.819        1          34,322       7,565-    18.06-
27     Newton              19,517
       Scott               21,187         40,704     0.972        1          40,704       1,183-     2.82-
28     Clarke              16,493
       Lauderdale          67,119         83,612     1.996        2          41,806          81-      .19-
29     Jasper              16,909
       Simpson             20,454
       Smith               14,303         51,666     1.233        1          51,666       9,779     23.34
30     Copiah              27,051
       Lawrence            10,215         37,266     0.890        1          37,266       4,621-    11.03-
31     Jefferson           10,142
       Lincoln             26,759         36,901     0.881        1          36,901       4,886-    11.90-
32     Adams               37,730         37,730     0.901        1          37,730       4,157-     9.92-
                                          Members              Rep. by       Over
Dist.                    Population       Total     to Which   No. of         Each          or      % Over
 No.   Counties            of Each      Population  Entitled   Members       Member       Under    or Under
33     Amite               15,573
       Franklin             9,286
       Pike                35,063
       Wilkinson           13,235         73,157     1.747        2          36,578       5,309-    12.67-
34     Marion              23,293
       Walthall            13,512         36,805     0.879        1          36,805       5,082-    12.13-
35     Covington           13,637
       Jefferson Davis     13,540
       Lamar               13,675         40,852     0.975        1          40,852       1,035-     2.47-
36     Jones               59,542
       Wayne               16,258         75,800     1.809        2          37,900       3,987-     9.51-
37     Forrest             52,722         52,722     1.259        1          52,722      10,835     25.86
38     George              11,098
       Greene               8,366
       Perry                8,745
       Stone                7,013         35,222     0.841        1          35,222       6,665-    15.91-
39     Harrison           119,489        119,489     2.853        3          39,829       2,058-     4.91-
40     Jackson             55,522         55,522     1.326        1          55,522      13,635     32.55
41     Hancock             14,039
       Pearl River         22,411         36,450     0.870        1          36,450       5,437-    12.98-
                                       ---------    ------       --          ------      ------     -----
       TOTALS & AVERAGES               2,178,141    52.000       52          41,887
=======================================================
   APPORTIONMENT OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES
        UNDER THE PROVISIONS OF S. B. 1504, LAWS OF THE
                    SPECIAL SESSION OF 1966
                                          Members              Rep. by       Over
Dist.                    Population       Total     to Which   No. of         Each          or      % Over
 No.   Counties            of Each      Population  Entitled   Members       Member       Under    or Under
15     Alcorn              25,282         25,282     1.416        1          25,282       7,428     41.60
16     Amite               15,573         15,573     0.872        1          15,573       2,281-    12.77-
17     Calhoun             15,941         15,941     0.893        1          15,941       1,913-    10.71-
18     Chickasaw           16,891         16,891     0.946        1          16,891         963-     5.39-
19     Clarke              16,493         16,493     0.924        1          16,493       1,361-     7.62-
20     Clay                18,933         18,933     1.060        1          18,933       1,079      6.04
21     Covington           13,637         13,637     0.764        1          13,637       4,217-    23.61-
22     DeSoto              23,891         23,891     1.338        1          23,891       6,037     33.81
23     Grenada             18,409         18,409     1.031        1          18,409         555      3.10
24     Hancock             14,039         14,039     0.787        1          14,039       3,815-    21.36-
25     Humphreys           19,093         19,093     1.069        1          19,093       1,239      6.93
26     Itawamba            15,080         15,080     0.845        1          15,080       2,774-    15.53-
27     Jasper              16,909         16,909     0.947        1          16,909         945-     5.29-
28     Jefferson Davis     13,540         13,540     0.759        1          13,540       4,314-    24.16-
29     Lafayette           21,355         21,355     1.196        1          21,355       3,501     19.60
30     Lamar               13,675         13,675     0.766        1          13,675       4,179-    23.40-
31     Leake               18,660         18,660     1.045        1          18,660         806      4.51
32     Marion              23,293         23,293     1.305        1          23,293       5,439     30.46
33     Montgomery          13,320         13,320     0.746        1          13,320       4,534-    25.39-
34     Newton              19,517         19,517     1.093        1          19,517       1,663      9.31
35     Noxubee             16,826         16,826     0.942        1          16,826       1,028-     5.75-
37     Pearl River         22,411         22,411     1.255        1          22,411       4,557     25.52
38     Pontotoc            17,232         17,232     0.965        1          17,232         622-     3.48-
39     Prentiss            17,949         17,949     1.005        1          17,949          95       .53
40     Quitman             21,019         21,019     1.177        1          21,019       3,165     17.72
41     Scott               21,187         21,187     1.187        1          21,187       3,333     18.66
42     Simpson             20,454         20,454     1.146        1          20,454       2,600     14.56
43     Smith               14,303         14,303     0.801        1          14,303       3,551-    19.88-
44     Tallahatchie        24,081         24,081     1.349        1          24,081       6,227     34.87
45     Tate                18,138         18,138     1.016        1          18,138         284      1.59
46     Tippah              15,093         15,093     0.845        1          15,093       2,761-    15.46-
47     Tishomingo          13,889         13,889     0.778        1          13,889       3,965-    22.20-
48     Tunica              16,826         16,826     0.942        1          16,826       1,028-     5.75-
49     Union               18,904         18,904     1.059        1          18,904       1,050      5.88
50     Walthall            13,512         13,521     0.758        1          13,512       4,342-    24.31-
51     Wayne               16,258         16,258     0.911        1          16,258       1,596-     8.93-
52     Winston             19,246         19,246     1.078        1          19,246       1,392      7.79
53     Adams               37,730         37,730     2.113        2          18,865       1,011      5.66
55     Holmes              27,096         27,096     1.518        2          13,548       4,306-    24.11-
56     Lee                 40,589         40,589     2.273        2          20,294       2,440     13.66
58     Madison             32,904         32,904     1.843        2          16,452       1,402-     7.85-
59     Monroe              33,953         33,953     1.902        2          16,976         878-     4.91-
60     Pike                35,063         35,063     1.964        2          17,531         323-     1.80-
61     Rankin              34,322         34,322     1.923        2          17,161         693-     3.88-
63     Yazoo               31,653         31,653     1.773        2          15,826       2,028-    11.35-
64     Bolivar             54,464         54,464     3.051        3          18,154         300      1.68
65     Forrest             52,722         52,722     2.953        3          17,574         280-     1.56-
66     Jackson             55,522         55,522     3.109        3          18,507         653      3.65
67     Jones               59,542         59,542     3.335        3          19,847       1,993     11.16
68     Leflore             47,142         47,142     2.640        3          15,714       2,140-    11.98-
69     Lauderdale          67,119         67,119     3.759        4          16,779       1,075-     6.02-
70     Washington          78,638         78,638     4.405        4          19,659       1,805     10.10
71     Harrison           119,489        119,489     6.693        7          17,069         785-     4.39-
72     Hinds              187,045        187,045    10.476       10          18,704         850      4.76
 1     Choctaw              8,423
       Webster             10,580         19,003     1.065        1          19,003       1,149      6.43
 2     George              11,098
       Stone                7,013         18,111     1.015        1          18,111         257      1.43
 3     Greene               8,366
       Perry                8,745         17,111     0.959        1          17,111         743-     4.16-
 4     Issaquena            3,576
       Sharkey             10,738         14,314     0.801        1          14,314       3,540-    19.82-
 5     Franklin             9,286
       Wilkinson           13,235         22,521     1.261        1          22,521       4,667     26.13
 6     Attala              21,335
       Carroll             11,177         32,512     1.821        2          16,256       1,598-     8.95-
                                          Members              Rep. by       Over
Dist.                    Population       Total     to Which   No. of         Each          or      % Over
 No.   Counties            of Each      Population  Entitled   Members       Member       Under    or Under
 7     Benton               7,723
       Marshall            24,503         32,226     1.805        2          16,113       1,741-     9.75-
 8     Copiah              27,051
       Lawrence            10,215         37,266     2.087        2          18,633         779      4.36
 9     Jefferson           10,142
       Lincoln             26,759         36,901     2.067        2          18,450         596      3.33
10     Kemper              12,277
       Neshoba             20,927         33,204     1.860        2          16,602       1,252-     7.01-
11     Panola              28,791
       Yalobusha           12,502         41,293     2.313        2          20,646       2,792     15.63
12     Claiborne           10,845
       Warren              42,206         53,051     2.971        3          17,683         171-      .95-
13     Lowndes             46,639
       Oktibbeha           26,175         72,814     4.078        4          18,203         349      1.95
14     Coahoma             46,212
       Sunflower           45,750         91,962     5.151        5          18,392         538      3.01
                                       ---------   -------      ---          ------
       TOTALS & AVERAGES               2,178,141   122.000      122          17,854
====================================================

APPENDIX 2


                  REAPPORTIONMENT OF THE MISSISSIPPI SENATE
                                          Members     No. of     Population    Over (+)      % Over (+)
Dist.                    Population       to Which    Members       Per        or Under (-)  or Under (-)
 No.   Counties            County         Entitled     Given       Member        Norm           Norm
 1     DeSoto              23,891
       Tate                18,138          1.003         1         42,029        142+          .339+
 2     Lafayette           21,355
       Marshall            24,503          1.095         1         45,858      3,971+         9.480+
 3     Benton               7,723
       Pontotoc            17,232
       Union               18,904          1.047         1         43,859      1,972+         4.708+
 4     Alcorn              25,282
       Tippah              15,093           .964         1         40,375      1,512-         3.610-
 5     Itawamba            15,080
       Prentiss            17,949
       Tishomingo          13,889          1.120         1         46,918      5,031+        12.011+
 6     Lee                 40,589           .969         1         40,589      1,298-         3.099-
 7     Quitman             21,019
       Tunica              16,826           .904         1         37,845      4,042-         9.650-
 8     Coahoma             46,212          1.103         1         46,212      4,325+        10.325+
 9     Panola              28,791
       Yalobusha           12,502           .986         1         41,293        594-         1.418-
10     Grenada             18,409
       Tallahatchie        24,081          1.014         1         42,490        603+         1.440+
11     Calhoun             15,941
       Chickasaw           16,891
       Clay                18,933
       Monroe              33,953          2.046         2         42,859        972+         2.321+
12     Lowndes             46,639          1.113         1         46,639      4,752+        11.345+
13     Noxubee             16,826
       Oktibbeha           26,175          1.027         1         43,001      1,114+         2.660+
14     Choctaw              8,423
       Webster             10,580
       Winston             19,246           .913         1         38,249      3,638-         8.685-
15     Attala              21,335
       Carroll             11,177
       Montgomery          13,320          1.094         1         45,832      3,945+         9.418+
16     Bolivar             54,464
       Washington          78,638          3.178         3         44,367      2,480+         5.921+
17     Sunflower           45,750          1.092         1         45,750      3,863+         9.222+
18     Leflore             47,142          1.125         1         47,142      5,255+        12.546+
19     Holmes              27,096
       Humphreys           19,093          1.103         1         46,189      4,302+        10.270+
20     Issaquena            3,576
       Sharkey             10,738
       Yazoo               31,653          1.097         1         45,967      4,080+         9.740+
21     Warren              42,206          1.008         1         42,206        319+          .761+
22     Madison             32,904
       Rankin              34,322
       Scott               21,187          2.111         2         44,206      2,319+         5.536+
23     Leake               18,660
       Neshoba             20,927           .946         1         39,587      2,300-         5.491-
24     Clarke              16,493
       Kemper              12,277
       Lauderdale          67,119
       Newton              19,517          2.755         3         38,469      3,418-         8.160-
25     Covington           13,637
       Jasper              16,909
       Smith               14,303          1.071         1         44,849      2,962+         7.071+
26     Jefferson Davis     13,540
       Lawrence            10,215
       Simpson             20,454          1.055         1         44,209      2,322+         5.543+
27     Hinds              187,045          4.465         5         37,409      4,478-        10.691-
28     Claiborne           10,845
       Copiah              27,051           .905         1         37,896      3,991-         9.528-
29     Franklin             9,286
       Jefferson           10,142
       Lincoln             26,759          1.103         1         46,187      4,300+        10.266+
30     Adams               37,730           .901         1         37,730      4,157-         9.924-
                                          Members     No. of     Population    Over (+)      % Over (+)
Dist.                    Population       to Which    Members       Per        or Under (-)  or Under (-)
 No.   Counties            County         Entitled     Given       Member        Norm           Norm
31     Amite               15,573
       Pike                35,063
       Walthall            13,512
       Wilkinson           13,235          1.847         2         38,692      3,195-         7.628-
32     Forrest             52,722
       Lamar               13,675
       Marion              23,293          2.141         2         44,845      2,958+         7.062+
33     Jones               59,542
       Wayne               16,258          1.810         2         37,900      3,987-         9.518-
34     Hancock             14,039
       Pearl River         22,411
       Stone                7,013          1.038         1         43,463      1,576+         3.762+
35     Harrison           119,489          2.853         3         39,830      2,057-         4.911-
36     George              11,098
       Greene               8,366
       Jackson             55,522
       Perry                8,745          1.999         2         41,866         21-          .050-
                                          ------        --         ------
       TOTALS & AVERAGES                  52.000        52         41,887
=========================================================

APPENDIX 3


             REAPPORTIONMENT OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES
                                          Members     No. of     Population    Over (+)      % Over (+)
Dist.                    Population       to Which    Members       Per        or Under (-)  or Under (-)
 No.   Counties            County         Entitled     Given       Member        Norm           Norm
 1     Alcorn              25,282
       Tishomingo          13,889          2.194         2         19,585      1,731+         9.695+
 2     Prentiss            17,949          1.005         1         17,949         95+          .532+
 3     Tippah              15,093
       Union               18,904          1.904         2         16,999        855-         4.759-
 4     Benton               7,723
       DeSoto              23,891
       Marshall            24,503          3.143         3         18,706        852+         4.772+
 5     Tate                18,138          1.016         1         18,138        284+         1.591+
 6     Tunica              16,826           .942         1         16,826      1,028-         5.758-
 7     Coahoma             46,212
       Quitman             21,019          3.765         4         16,808      1,046-         5.859-
 8     Lafayette           21,355
       Panola              28,791          2,809         3         16,715      1,139-         6.380-
 9     Pontotoc            17,232           .965         1         17,232        622-         3.484-
10     Itawamba            15,080
       Lee                 40,589          3.118         3         18,556        702+         3.932+
11     Monroe              33,953          1.902         2         16,977        877-         4.912-
12     Chickasaw           16,891           .946         1         16,891        963-         5.394-
13     Calhoun             15,941           .893         1         15,941      1,913-        10.715-
14     Tallahatchie        24,081
       Yalobusha           12,502          2.049         2         18,291        437+         2.448+
15     Leflore             47,142
       Sunflower           45,750          5.202         5         18,578        724+         4.055+
16     Bolivar             54,464          3.051         3         18,155        301+         1.686+
17     Issaquena            3,576
       Sharkey             10,738
       Washington          78,638          5.206         5         18,590        736+         4.122+
18     Humphreys           19,093          1.069         1         19,093      1,239+         6.929+
19     Holmes              27,096
       Yazoo               31,653          3.291         3         19,583      1,729+         9.684+
20     Grenada             18,409
       Montgomery          13,320          1.777         2         15,865      1,989-        11.140-
21     Attala              21,335
       Carroll             11,177          1.821         2         16,256      1,598-         8.950-
22     Choctaw              8,423
       Webster             10,580          1.065         1         19,003      1,149+         6.436+
23     Clay                18,933          1.060         1         18,933      1,079+         6.043+
24     Lowndes             46,639
       Oktibbeha           26,175          4.078         4         18,203        349+         1.955+
25     Winston             19,246          1.078         1         19,246      1,392+         7.797+
26     Noxubee             16,826           .942         1         16,826      1,028-         5.758-
27     Kemper              12,277
       Neshoba             20,927          1.860         2         16,602      1,252-         7.012-
28     Leake               18,660          1.045         1         18,660        806+         4.514+
29     Madison             32,904          1.843         2         16,452      1,402-         7.853-
30     Hinds              187,045         10.476        10         18,704        850+         4.761+
31     Claiborne           10,845
       Warren              42,206          2.971         3         17,684        170-          .952-
32     Rankin              34,322          1.923         2         17,161        693-         3.881-
33     Scott               21,187
       Smith               14,303          1.988         2         17,745        109-          .610-
34     Newton              19,517          1.093         1         19,517      1,663+         9.314+
35     Lauderdale          67,119          3.759         4         16,780      1,174-         6.576-
36     Clarke              16,493           .924         1         16,493      1,361-         7.623-
37     Jasper              16,909           .947         1         16,909        945-         5.293-
38     Jefferson Davis     13,540
       Simpson             20,454          1.905         2         16,997        857-         4.800-
39     Copiah              27,051
       Lawrence            10,215          2.087         2         18,633        779+         4.363+
40     Jefferson           10,142
       Lincoln             26,759          2.067         2         18,450        596+         3.338+
41     Adams               37,730          2.113         2         18.865      1,011+         5.662+
                                          Members     No. of     Population    Over (+)      % Over (+)
Dist.                    Population       to Which    Members       Per        or Under (-)  or Under (-)
 No.   Counties            County         Entitled     Given       Member        Norm           Norm
42     Amite               15,573
       Franklin             9,286
       Wilkinson           13,235          2.134         2         19,047      1,193+         6.682+
43     Pike                35,063          1.964         2         17,532        322-         1.804-
44     Marion              23,293
       Walthall            13,512          2.063         2         18,402        548+         3.069+
45     Covington           13,637
       Jones               59,542          4.099         4         18,295        441+         2.470+
46     Forrest             52,722
       Lamar               13,675          3.719         4         16,599      1,255-         7.029-
47     Wayne               16,258           .911         1         16,258      1,596-         8.939-
48     Greene               8,366
       Perry                8,475           .959         1         17,111        743-         4.161-
49     George              11,098
       Stone                7,013          1.015         1         18,111        257+         1.439+
50     Hancock             14,039
       Pearl River         22,411          2.042         2         18,225        371+         2.078+
51     Harrison           119,489          6.693         7         17,070        784-         4.391-
52     Jackson             55,522          3.109         3         18,507        653+         3.657+
                                         -------       ---         ------
       TOTALS & AVERAGES                 122.000       122         17,854
==========================================================

APPENDIX 4 STATE SENATE

APPENDIX 5 HOUSE OF REPRESENTATIVES

Case Details

Case Name: Connor v. Johnson
Court Name: District Court, S.D. Mississippi
Date Published: Mar 3, 1967
Citations: 265 F. Supp. 492; Civ. A. No. 3830
Docket Number: Civ. A. No. 3830
Court Abbreviation: S.D. Miss.
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