Broom v. Wood

1 F. Supp. 134, 1932 U.S. Dist. LEXIS 1685

• Court: District Court, S.D. Mississippi
• Decided: September 1, 1932
• Docket: 407
• Status: Published

Opinions

FOSTER, Circuit Judge.

This is a bill brought by Stewart C. Broom, a citizen of the United States, domiciled in Mississippi, against various state officers, praying for interlocutory and final injunctions to prohibit them from acting under the provisions of House Bill No. 197 of the 1932 Acts of the Legislature of Mississippi, known as the Congressional Redistricting Act on the ground that it violates the provisions of article 1, § 4, of the Constitution of the United States, and section 3 of the Act of Congress of August 8, 1911 (title 2, USCA § 3). The defendants, appearing through the Attorney General of Mississippi, admitted all the allegations of fact in the bill, but objected to the jurisdiction of the court on the grounds that sufficient jurisdictional amount was not involved and that the cause was not cognizable in equity as no rights of property were invaded. The plea to the jurisdiction was overruled and an interlocutory injunction issued on bond. On final hearing the injunction was made permanent.

Statement of Pacts.

The undisputed material facts are these: Based on the census enumeration of 1910, Mississippi was allotted eight representatives in Congress. Under the provisions of section 22, Act of June 18, 1929, 46 Stat. 26 (2 USCA § 2a), the allotment was reduced to seven.

The act of the Mississippi Legislature complained of, House Bill No. 197, Regular Session 1932, divides the state of Mississippi into seven congressional districts. The number of inhabitants in each district is approximately as follows: The Pirst district, 241,000; Second district, 219,000; Third district, 400,000; Pourth district, 184,000; Pifth district, 244,000; Sixth district, 284,-000; Seventh district, 414,000.

According to the 1930 census, Mississippi has 2,009,821 inhabitants. It would be practicable to divide the state into seven districts having compact and contiguous territory with each district having approximately the same number of inhabitants.

Conclusions of Law.

The right to vote for a representative in Congress is a right guaranteed by the Constitution of the United States. U. S. v. Mosley, 238 U. S. 383, 35 S. Ct. 904, 59 L. Ed. 1355. Said right to vote implies the right to vote in a legal election. Section 3 of the Act of August 8, 1911, requires each state to be divided into the number of districts equal to the number of representatives to which the state may be entitled; said districts to be composed of contiguous and compact territory, and to have as nearly as practicable the same number of inhabitants. The act is mandatory and must be followed by the states in fixing congressional districts. The Mississippi act is clearly violative of the said act of Congress and illegal and void. Any election for representatives based upon the redistrieting of the state under the provisions of said act will therefore be illegal and deprive the voters of the state of a right guaranteed by the Constitution. The plaintiff has no remedy at law at all. An injunction is the proper remedy in the premises.

Under the provisions of section 24, subd. 14, Judicial Code (28 USCA § 41 (14), the District Court has jurisdiction in equity, regardless of the amount involved or the violation of any right of property, to prevent invasion of any right of a citizen guaranteed by the Constitution.