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Show I Faria lb 0:.j(tm-nt- University of Utfth ?alt LukeCity, Utah r . Em112 ftPR31373 SALT LAKE CITY, UTAH VOLUME 17, NUMBER 81 Syllabus MAHAN, SECRETARY, STATE BOARD OF ELEC- HOWELL ET AL. V. ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA No. Argued December 12, 1972 Decided February 21, 1973 71-3- 64. i The Virginia General Assembly in 1971 reapportioned the State for the election of state delegates and senators. The apportionment statutes, on challenge by appellees, wore invalidated by a three-judDistrict Court, which ruled the reapportionments impermissible violations of the one person, one vote principle. The court substituted its own electoral districts, reducing to about 10 the percentage variation from the ideal district from the approxivariation permitted by the legislatures plan but, mately 16 contrary to that plan, in many instances not following political subdivision lines. Held: 1. Reapportionment of Virginia's House of Delegates electoral districts complied with tlie Equal Protection Clause of the Fourteenth Amendment, since the legislatures maximum population percentage variation, which was not excessive, resulted from the States rational objective of preserving the integrity of political subdivision lines. Pp. 4. (a) In the implementation of the basic constitutional principle that both houses of a bicameral state legislature be apportioned substantially on a population basis ( Reynolds v. Sims, 377 U. S. 533), more flexibility is permissible with respect to state legislative reapportionment than with respect' to congressional ge 4-1- Pp. 5. (b) The States objective of preserving the integrity of political subdivision lines is rational since it furthers the legislative By Ed Rogers (UPI)-T- he WASHINGTON federal government argued at a closely watched Supreme Court hearing Monday that an order compelling a, city to combine its schools with adjacent counties to achieve integration might lead to a statewide or even a nationwide school system. U.S. Solicitor General Ervin N. Griswold, opposing a federal judges controversial order for Richmond, Va., and two nearby county school systems, said the area involved would embrace 750 square miles. That is 10 times the size of the District of Columbia and 63 per cent of the area of Rhode Island, Griswold told the eight justices hearing the case. Courts can seek a racial mix within a political subdivision but not cross political boundaries to do so, he argued, otherwise the next step might be a consolidated statewide school system or even a national school system, with all schools racially balanced without regard to distances from the pupils homes. However, advocates of the Richmond plan told the court that white students in the city were freely 4-- purpose of facilitating enactment of statute of- purely local concern and preserves for the voters in the political subdivisions a voice in the state legislature on local matters. Pp. 2. (c) Given the wider constitutional latitude in stare reapportionment, the jxrpulation disparities reflected in the maximum percentage deviation arc within tolerable constitutional limits. Pp. 12-.2. The establishment by the legislature of three numerically idea! senatorial electoral districts by assigning to one of them about 36,70?) persons who were hrmeported" at the V. S. Naval .Station Norfolk, regardless of where they actually resided, because that is where they were counted on official census tracts, was constitutionally ii npermissiblc discrimination against military person no:, cf. Davis v. Mann, 377 V. S. GTS: and the District Court, whr-1- . was under st'vere time, procures. did not abuse its discretion in prescribing an interim plan uf combining the three ditricts into 7. one multimemb.er district. Pp. 330 F. Supp. 113S, affirmed in part, reversed in part. - 5-1- 14. Mississippi Seeks to Up Job Quality - By Leroy Pope NEWYORK (UPI) Mississippi, which stands at the bottom of the states in per capita income, has learned jobs in quantity are not enough to achieve economic salvation. So Mississippi has embarked on an ambitious new development campaign with twin aims to raise the quality of jobs in the state and to create more sophisticated businesses owned by Mississippians. From 1937 to 1965, Mississippi waged what seemed like an agonizingly slow struggle to emerge from a planter and sharecropper Rehxquist, J.. delivered the opinion of the Court, in which economy to a balanced farm and industrial way of life. Burger, C. J., and Stewart. White, and Rlackmux. J.T., joined. in in This aim was achieved. Many part and dissenting Brennan, J.. filed an opinion concurring were persuaded to locate industries and J.. JJ.. which joined. Powell, Dougla Marshall, part, in in state. the The proportion of the took no part in the ronsiiieration or decision of the cases. population engaged in farming dropped from more than half to 10 Howell v. Beach No. et with of al., Virginia Together City per cent. Mississippi became more and No. Weinberg v. Prichard et al., on appeals from the prosperous, but its relative rank in court. same per capita income remained last in 1971. among the states-12,5- 61 Having won the first struggle, many leaders became convinced the state could by hard work achieve parity with the rest of the nation by the end of this century. A state research and development council was established in a campusSANTA CRUZ, CALIF. (UPI) A stood up and said calmly, As you like setting near Jackson. The Superior Court judge has suspended wish, Your Honor. It was his only criminal proceedings against mass comment during the court session, council gets half its income from federal and foundation and cormurder suspect Herbert W. Mullin, April 16. and ordered him examined by two porate grants. It is headed by Dr. Mullin was arrested in February Kenneth Wagner, who directs a staff psychiatrists; after the shooting death of a Santa of 125 professionals in economics, Judge Charles Franich said the Cruz man and subsequently charged engineering, transportation, arpsychiatrists will report, May 14, on with 10 slayings, including those of a chitecture and civic planning. e honor whether Mullin, 25, a mother and her two small boys and Our purpose is not just to bring student who joined the dfug culture, teen-ageof in four a more jobs to Mississippi," Wagner camped is capable of standing trial on 10 remote section of the Santa Cruz said but to improve the quality of counts of murder. Mountains. The defendant, wearing a jobs all over the state. We are much shirt and pink tie under a He is also chief suspect in the more selective now in trying to get conservative gray suit, listened slaying of a priest in Los Gatos, industries to locate in Mississippi. Recognizing the key to achieving quietly as the judge ordered the about 20 miles from here, but has not examinations. After Franich ex- been formally charged with that this is skilled workers, Wagners plained the procedure to him, Mullin . killing. 14-1- 71-3- 73, 71-4- 44, Order Mental Exam for Mass Murder Suspect - one-tim- rs pink-strip- ed I FRIDAY, APRIL 27, 1973 i School in Arguments Cose Heard SUPBEME COUBT OF THE UNITED STATES TIONS, . allowed to transfer into nearby counties to maintain segregated schools in the city. In what may lead to a landmark decision affecting big city school across the nation, the court was asked to uphold a district federal judges desegregation order that Richmond and of adjacent Henrico and Chesterfield counties as the only means of ending racial isolation of the k inner city schools. The order has been held in abeyance pending Supreme Court appeal. The 4th U.S. Circuit Court of Appeals held Merhiges action iny county-citignored political valid last June. boundaries in the Richmond area. William T. Coleman, attorney for NAACP Legal Defense Fund, ths in Judge Robert R. Merhige Jr., January, 1972, ordered consolidation (DF), argued before the Supreme of the school boards of the City of Court that white children were allowed to move freely across the county lines into the rural, mostly white county systems when their all-blac- i Firm Was Hair city Curler Customs Bilk, Suit Says The (ACCN) a filed has of Justice Department of civil suit seeking judgment WASHINGTON against a California which imported hair firm plastics and bows from rollers dips, curlers, $12,084,837 Mexico and allegedly undervalued them. Atty. Gen. Richard G. Kleindienst said the suit was filed in U.S. District Court in San Diego, Calif., April 2, against Alto Plastics schools were ordered desegregated. It is only when it comes to desegregating schools that (school) districts all of a sudden become the most sacrosanct thing in the world, Coleman said. Coleman and George B. Little, attorney for the Richmond School Board which joined in an appeal in favor of consolidation, also argued that neither the city nor the county systems now meets the Supreme Courts desegregation standards, either individually or collectively. They charged the state had maintained county lines as a barrier against correcting file imbalance in city schools some all black and county , schools whose black Manufacturing of Los Angeles. enrollments never exceeded 5 per The complaint for forfeiture value cent. said that between January 1, 1966 The case, because of ths impact it and December 31, 1970, the firm may have on other metropolitan imported numerous shipments of areas, has attracted wide interest hair styling paraphernalia from and an overflow crowd of visitors Mexico and submitted false invoices waited outside in line for seats. to the Bureau of Customs unThe arguments were heard by derstating file true costs of the eight of the nine justices. Associated Lewis F. Powell Jr., forThe complaint requested a Justice a Richmond attorney, judgment of $12,064,837 against Alto merly himself because he Plastics, which the government said disqualified served on both the cjty and state is the true value of the shipments. school boards in the past. Under applicable law, if the court Little also argued that the evils rules against a defendant, any of segregation cannot at this late shipment on which a false invoice or date be eradicated without the declaration is made could be forof students across the feited to the government, or if ar- transferring and county lines. ticles shipped .are no longer city available, the forfeiture could amount to the money value of the ar-tide- s. shipment. Kleindienst said the suit was filed as a result of an investigation by Treasury agents of the Bureau of Ctortai bureau has established 20 area training centers on the campuses oi the states public junior colleges to train the 12,000 students enrolled in these schools in a total of 61 different industrial and technical skills. Industry in file state has been impressed by these training centers and is eager to take the graduates at much better salaries than they could have gotten otherwise. But Wagner thinks the second aim of his program, to persaude Mississippians to establish more sophisticated enterprises, is of equal or greater importance than training higher grade workers for the plants owned by out-of-sta- te companies. have been told our goal is impossible, but we think it can be achieved if all the state economic agencies work together, he said. Finally, Wagner said We dont want to bring a company to , Mississippi unless it will benefit as much as the state, so we tell all prospects about the states shortcomings as well as about its great advantages. We I More Attempts To Aid Parochial Schools Seen WASHINGTON (UPI)-Ci- vil rights attorneys foresee more attempts to win state aid for parochial schools because of the Supreme e Courts sanction of a one-tim- of $24 million to 1,181 payment schools in Pennsylvania. In a five to three decision on Monday the court permitted the outlays since the state had committed itself to fund them before the law providing for them was declared unconstitutional. The funds reimburse private schools for text books, instructional material and teachers salaries. AtAccording to Philadelphia torney Heniy Sawyer, whose firm fought the case on the request of the American Civil Liberties Union (ACLU), Mondays decision poses this risk; that state legislatures, considering all the political pressures that exist and they are very real ones might be tempted to take a flyer on an act with the idea that they will get a year or so out of it before it is thrown out by the courts. |