Newman v. Commissioners to Apportion

241 N.E.2d 163, 354 Mass. 617, 1968 Mass. LEXIS 865
CourtMassachusetts Supreme Judicial Court
DecidedOctober 15, 1968
StatusPublished

This text of 241 N.E.2d 163 (Newman v. Commissioners to Apportion) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newman v. Commissioners to Apportion, 241 N.E.2d 163, 354 Mass. 617, 1968 Mass. LEXIS 865 (Mass. 1968).

Opinion

Cutter, J.

The petitioners are five registered voters of Ward 4 in Boston. Two are Democrats and three are Republicans. They include members of the elected Republican and Democratic ward committees. They seek in the county court (see St. 1967, c. 877, § 6) a writ of mandamus (a) to command the respondent commissioners to apportion Suffolk County into representative districts (the commissioners1) to make Ward 4 a separate district with one representative (instead of combining Ward 4 with Ward 10 as a district with two representatives), and (b) to direct the Secretary of the Commonwealth (the Secretary) to refrain from putting into effect the district designations fixed by the commissioners. A single justice, upon a statement of agreed facts, reserved and reported the case without decision for the determination of the full court.

The commissioners, by St. 1967, c. 877, were charged with assigning (upon the basis of the 1965 State Decennial Census) all of Suffolk County to representative districts and distributing a total of thirty-two representatives among the districts to be designated. The “optimum population per representative” according to the census is 22,063. The commissioners established the districts shown in the margin.2 [619]*619The component wards of each multiple representative district in Boston are geographically contiguous.

For at least thirty-five years prior to 1963, Ward 4 had been a separate representative district. Two Democrats and twelve Republicans were elected from Ward 4 in the seven elections from 1950 to 1962, in all but one instance by close votes. For several years prior to 1963, Ward 10 had been combined with Ward 11 to form the Tenth Suffolk District. From 1950 to 1962 that district had elected only Democrats as representatives, all by substantial margins.

In 1963, a special commission (St. 1963, c. 666) conducted a reapportionment of representative districts for Suffolk County. Four of five members of that special commission were Democrats. Ward 4, theretofore a double representative district, was joined with Ward 10 to form a triple representative district. Each of the three Boston wards which in 1962 had elected a Republican representative, was joined in 1963 with another ward to form a multi-represen-tative district. In addition to the combination of Wards 4 and 10, Ward 3 was then joined with Ward 5, and Ward 9 was combined with Ward 12.

In 1964 and 1966, the representatives elected from the new combined Fourth Suffolk District (Wards 4 and 10) were all Democrats, either elected by substantial margins or without Republican opposition. All persons elected were from Ward 10. None lived in Ward 4.

[620]*620As noted above, the combination of Ward 4 with Ward 10 was continued in 1968, when the present commissioners’ report was filed. Because only thirty-two representatives were assigned to Suffolk County in 1968 (instead of forty as in 1963), the combined Fourth Suffolk District was in 1968 given only two representatives instead of three as in 1963.* *3

The petitioners disclaim any objection to (a) whatever population disparities may exist under the commissioners’ 1968 report,4 and also (b) the division of Boston into twenty-two wards. Accordingly, we do not consider these matters.

The petitioners’ contentions are directed primarily to the commissioners’ failure to establish Ward 4 as a separate district to elect a single representative. They point out that Ward 4 by itself has a population of 20,055, which is much more (and much closer to the “optimum” figure of 22,063) than the population (16,381) of the single representative Second Suffolk District (Charlestown) and about the same as that (20,761) of the Third Suffolk District (Ward 3), which also has a single representative. They contend that there was as much reason for setting up Ward 4 as a single-member district as for making Wards 2 and 3 single-member districts. If the commissioners had done so, Ward 10 (with a population of 23,297), as a single-representative district, would then have been closer to the “optimum” population of 22,063 than Wards 2 and 13 (fn. 2) and nearly as close as Ward 3.

Article 21 of the Articles of Amendment to the Constitution of the Commonwealth, as appearing in art. 71 of the Amendments, provides, among other things, that, after “the number of representatives to which each county shall be entitled” is determined by the general court and after the State Secretary has certified this number to the appropriate [621]*621county board, the “county commissioners ... or, in lieu thereof, such board of special commissioners in each county as may for that purpose be provided by law, shall ... assemble at a shire town of their respective counties, and proceed, as soon as may be, to divide the same into representative districts of contiguous territory and assign representatives thereto, so that each representative in such county will represent an equal number of legal voters, as nearly as may be; and such districts shall be so formed that no town containing less than twelve thousand inhabitants according to said census, no precinct of any other town and no ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. . . . The districts in each county shall be numbered by the board creating the same, and a description of each, with the numbers thereof and the number of legal voters therein, shall be returned by the board” to specified officials (emphasis in quoted language supplied).

In St. 1967, c. 877, § 1, it is stated to be the legislative intent that representatives “shall be apportioned in a fair and nondiscriminatory manner and that the districts shall be so established that they will be as nearly equal in population as is practicable.” In the apportionment, there is to be incorporated “the principle of the so-called ‘one-man, one-vote’ standard laid down by the Supreme Court of the United States in recent decisions.” After discussion of certain special difficulties presented by the 1968 reapportionment, § 1 provides “that although each district cannot possibly be drawn containing exactly the same number of inhabitants, nevertheless any deviation from the population of the perfect district shall be minimal and within reasonable and constitutional bounds, so that all the inhabitants of the commonwealth will be afforded equal protection of the law without any invidious discrimination against any person or group" (emphasis supplied).5

[622]*622The petitioners rely in part upon somewhat general language in earlier decisions of this court. In Attorney Gen. v. Suffolk County Apportionment Commrs. 224 Mass. 598, this court set aside a palpably unfair attempted apportionment. In doing so, it was said (p. 606) that “it is the indubitable design of the Constitution to maintain” what the opinion referred to as “equality of influence in shaping legislation.” Nevertheless, this court recognized that absolute equality of representation is not required (p. 604), that complexities may be created by necessary adherence to town and ward lines and other requirements, and that (p. 606) “[a] wide discretion must of necessity be exercised by the commissioners.” It was stated (p.

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Bluebook (online)
241 N.E.2d 163, 354 Mass. 617, 1968 Mass. LEXIS 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-commissioners-to-apportion-mass-1968.