225 Mass. 55 | Mass. | 1916
These two petitions for writs of mandamus are brought to set aside a report of the commissioners (elected according to St. 1913, c. 835, § 390) dividing Suffolk County into representative districts and apportioning among them the number of representatives allotted under St. 1916, c. 270, § 24, on the ground that it violates the rights of the petitioners secured by art. 21 of the Amendments to the Constitution.
Since the decision of Attorney General v. Apportionment Commissioners, 224 Mass. 598, wherein it was necessary to declare their first report manifestly contrary to the provisions of the Constitution, the commissioners have filed this new and second report of apportionment.
The present report is assailed as to four districts, each conterminous with a ward of Boston. District No. 3, containing 4,854 legal voters, is given two representatives or one for 2,427 legal voters. District No. 5, with 7,946 legal voters, is given three representatives. District No. 6, with 8,618 legal voters, is given two representatives. District No. 23, with 5,596 legal voters, is given one representative. The disparity between the smallest and largest number of legal voters for one representative is the difference between 2,427 in District No. 3 and 5,596 in District No. 23, or 3,169. Each voter in Districts 3 and 5 is given more than twice the voting power for representatives in the General Court given to each voter in District No. 23. District No. 5 is given one more representative than is given to 672 more legal voters in District No. 6. District No. 3 is given one more representative than is given to District No. 23 with 742 more voters.
Whenever this kind of inequality of apportionment has been before the courts, it has been held to be contrary to the Constitution. It has been said to be “arbitrary and capricious and against the vital principle of equality.” Supervisors of Houghton County v. Secretary of State, 92 Mich. 638, 647, 653. Giddings v. Secretary of State, 93 Mich. 1, 13. Parker, v. State, 133 Ind. 178, 197. Denney v. State, 144 Ind. 503, 535. See, also, Goodrich v. Lunenburg, 9 Gray, 38, and Stone v. Bean, 15 Gray, 42. This report does not apportion the representatives assigned to Suffolk County “equally, as nearly as may be, according to the relative number of legal voters.” The inequality disclosed on the face of this report is grave and might have been avoided to a considerable degree if the rule established by the Constitution had been heeded. It is not in accordance with the Constitution. It is contrary to the principles discussed at length in Attorney General v. Apportionment Commissioners, 224 Mass. 598.
The petitioners are entitled to maintain the present petitions. They are voters in districts against which discrimination is
. The single justice
Let the entry be in substance, that the present division and apportionment of the county of Suffolk into representative districts, made and filed by the commissioners, is void as not in conformity to the Constitution, and that the commissioners proceed “ as soon as may be” to divide the county of Suffolk into representative districts so as to apportion the number of representatives assigned to that county “equally, as nearly as may be, according to the relative number of legal voters” in the several districts, and otherwise in conformity to the Constitution and to art. 21 of the Amendments to the Constitution, and to make due report thereof as required by said article of amendment.
So ordered.
The cases were argued at the bar in September, 1916, before Rugg, C. J., Boring, Braley, Pierce, ■& Carroll, JJ., and afterwards was submitted on briefs to all the justices except De Courcy, J.
Be Courcy, J., who with the consent of counsel reported the cases for determination by the full court.