Connor v. Johnson

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United States District Court S.D. Mississippi, Jackson Division.March 3, 1967265 F.Supp. 492 (Approx. 27 pages)

265 F.Supp. 492

United States District Court S.D. Mississippi, Jackson Division.

Peggy J. CONNOR et al., Plaintiffs,

Paul B. JOHNSON et al., Defendants.

Civ. A. No. 3830.

March 3, 1967, Judgment Affirmed March 27, 1967, See 87 S.Ct. 1174.

Attorneys and Law Firms

*493 Alvin J. Bronstein, Jackson, Miss., and Peter Marcuse, Waterbury, Conn., for plaintiffs.

Joe T. Patterson, Atty. Gen. of Mississippi, and Martin R. McLendon, Asst. Atty. Gen., Jackson, Miss., for defendants.

Before COLEMAN, Circuit Judge, and COX and RUSSELL, District Judges.

Opinion

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 *494 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 an 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 the 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 *495 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

*496 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 Representative in the Mississippi Legislature shall be and they are established as follows:

House of Representatives

		Number
District		of
No.	Counties	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
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

*497 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 *498 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 liking 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 *499 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 I

		APPORTIONMENT OF THE MISSISSIPPI SENATE UNDER THE PROVISIONS
		OF S. B. 1504, LAWS OF THE 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—
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	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	13,512	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-
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	2,178,141	122.000	122	17,854

		REAPPORTIONMENT OF THE MISSISSIPPI SENATE
		Population		Members	No. of	Population	Over (+)	% Over (+)
Dist.		of Each	District	to Which	Members	Per	or Under (-)	or Under (-)
No.	Counties	County	Population	Entitled	Given	Member	Norm	Norm
1	DeSoto	23,891
	Tate	18,138	42,029	1.003	1	42,029	142+	.339+
2	Lafayette	21,355
	Marshall	24,503	45,858	1.095	1	45,858	3,971+	9.480+
3	Benton	7,723
	Pontotoc	17,232
	Union	18,904	43,859	1.047	1	43,859	1,972+	4.708+
4	Alcorn	25,282
	Tippah	15,093	40,375	.964	1	40,375	1,512-	3.610-
5	Itawamba	15,080
	Prentiss	17,949
	Tishomingo	13,889	46,918	1.120	1	46,918	5,031+	12.011+
6	Lee	40,589	40,589	.969	1	40,589	1,298-	3.099-
7	Quitman	21,019
	Tunica	16,826	37,845	.904	1	37,845	4,042-	9.650-
8	Coahoma	46,212	46,212	1.103	1	46,212	4,325+	10.325+
9	Panola	28,791
	Yalobusha	12,502	41,293	.986	1	41,293	594-	1.418-
10	Grenada	18,409
	Tallahatchie	24,081	42,490	1.104	1	42,490	603+	1.440+
11	Calhoun	15,941
	Chickasaw	16,891
	Clay	18,933
	Monroe	33,953	85,718	2.046	2	42,859	972+	2.321+
12	Lowndes	46,639	46,639	1.113	1	46,639	4,752+	11.345+
13	Noxubee	16,826
	Oktibbeha	26,175	43,001	1.027	1	43,001	1,114+	2.660+
14	Choctaw	8,423
	Webster	10,580
	Winston	19,246	38,249	.913	1	38,249	3,638-	8.685-
15	Attala	21,335
	Carroll	11,177
	Montgomery	13,320	45,832	1.094	1	45,832	3,945+	9.418+
16	Bolivar	54,464
	Washington	78,638	133,102	3.178	3	44,367	2,480+	5.921+
17	Sunflower	45,750	45,750	1.092	1	45,750	3,863+	9.222+
18	Leflore	47,142	47,142	1.125	1	47,142	5,255+	12.546+
19	Holmes	27,096
	Humphreys	19,093	46,189	1.103	1	46,189	4,302+	10.270+
20	Issaquena	3,576
	Sharkey	10,738
	Yazoo	31,653	45,967	1.097	1	45,967	4,080+	9.740+
21	Warren	42,206	42,206	1.008	1	42,206	319+	.761+
22	Madison	32,904
	Rankin	34,322
	Scott	21,187	88,413	2.111	2	44,206	2,319+	5.536+
23	Leake	18,660
	Neshoba	20,927	39,587	.946	1	39,587	2,300-	5.491-
24	Clarke	16,493
	Kemper	12,277
	Lauderdale	67,119
	Newton	19,517	115,406	2.755	3	38,469	3,418-	8.160-
25	Covington	13,637
	Jasper	16,909
	Smith	14,303	44,849	1.071	1	44,849	2,962+	7.071+
26	Jefferson Davis	13,540
	Lawrence	10,215
	Simpson	20,454	44,209	1.055	1	44,209	2,322+	5.543+
27	Hinds	187,045	187,045	4.465	5	37,409	4,478-	10.691-
28	Claiborne	10,845
	Copiah	27,051	37,896	.905	1	37,896	3,991-	9.528-
29	Franklin	9,286
	Jefferson	10,142
	Lincoln	26,759	46,187	1.103	1	46,187	4,300+	10.266+
30	Adams	37,730	37,730	.901	1	37,730	4,157-	9.924-
31	Amite	15,573
	Pike	35,063
	Walthall	13,512
	Wilkinson	13,235	77,383	1.847	2	38,692	3,195-	7.628-
32	Forrest	52,722
	Lamar	13,675
	Marion	23,293	89,690	2.141	2	44,845	2,958+	7.062+
33	Jones	59,542
	Wayne	16,258	75,800	1.810	2	37,900	3,987-	9.518-
34	Hancock	14,039
	Pearl River	22,411
	Stone	7,013	43,463	1.038	1	43,463	1,576+	3.762+
35	Harrison	119,489	119,489	2.853	3	39,830	2,057-	4.911-
36	George	11,098
	Greene	8,366
	Jackson	55,522
	Perry	8,745	83,731	1.999	2	41,866	21-	.050-
TOTALS & AVERAGES		2,178,141	2,178,141	52.000	52	41,887

	APPENDIX 3

	REAPPARTIONMENT OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES
		Population		Members	No. of	Population	Over (+)	% Over (+)
Dist.		of Each	District	to Which	Members	Per	or Under (-)	or Under (-)
No.	Counties	County	Population	Entitled	Given	Member	Norm	Norm
1	Alcorn	25,282
	Tishomingo	13,889	39,171	2.194	2	19,585	1,731+	9.695+
2	Prentiss	17,949	17,949	1.005	1	17,949	95+	.532+
3	Tippah	15,093
	Union	18,904	33,997	1.904	2	16,999	855-	4.759-
4	Benton	7,723
	DeSoto	23,891
	Marshall	24,503	56,117	3.143	3	18,706	852+	4.772+
5	Tate	18,138	18,138	1.016	1	18,138	284+	1.591+
6	Tunica	16,826	16,826	.942	1	16,826	1,028-	5.758-
7	Coahoma	46,212
	Quitman	21,019	67,231	3.765	4	16,808	1,046-	5.859-
8	Lafayette	21,355
	Panola	28,791	50,146	2,809	3	16,715	1,139-	6.380-
9	Pontotoc	17,232	17,232	.965	1	17,232	622-	3.484-
10	Itawamba	15,080
	Lee	40,589	55,669	3.118	3	18,556	702+	3.932+
11	Monroe	33,953	33,953	1.902	2	16,977	877-	4.912-
12	Chickasaw	16,891	16,891	.946	1	16,891	963-	5.394-
13	Calhoun	15,941	15,941	.893	1	15,941	1,913-	10.715-
14	Tallahatchie	24,081
	Yalabusha	12,502	36,583	2.049	2	18,291	437+	2.448+
15	Leflore	47,142
	Sunflower	45,750	92,892	5.202	5	18,578	724+	4.055+
16	Bolivar	54,464	54,464	3.051	3	18,155	301+	1.686+
17	Issaquena	3,576
	Sharkey	10,738
	Washington	78,638	92,952	5.206	5	18,590	736+	4.122+
18	Humphreys	19,093	19,093	1.069	1	19,093	1,239+	6.929
19	Holmes	27,096
	Yazoo	31,653	58,749	3.291	3	19,583	1,729+	9.684+
20	Grenada	18,409
	Montgomery	13,320	31,729	1.777	2	15,865	1,989-	11.140-
21	Attala	21,335
	Carroll	11,177	32,512	1.821	2	16,256	1,598-	8.950-
22	Choctaw	8,423
	Webster	10,580	19,003	1.065	1	19,003	1,149+	6.436+
23	Clay	18,933	18,933	1.060	1	18,933	1,079+	6.043+
24	Lowndes	46,639
	Oktibbeha	26,175	72,814	4.078	4	18,203	349+	1.955+
25	Winston	19,246	19,246	1.078	1	19,246	1,392+	7.797+
26	Noxubee	16,826	16,826	.942	1	16,826	1,028-	5.758-
27	Kemper	12,277
	Neshoba	20,927	33,204	1.860	2	16,602	1,252-	7.012-
28	Leake	18,660	18,660	1.045	1	18,660	806+	4.514+
29	Madison	32,904	32,904	1.843	2	16,452	1,402-	7.853-
30	Hinds	187,045	187,045	10.476	10	18,704	850+	4.761+
31	Claiborne	10,845
	Warren	42,206	53,051	2.971	3	17,684	170-	.952-
32	Rankin	34,322	34,322	1.923	2	17,161	693-	3.881-
33	Scott	21,187
	Smith	14,303	35,490	1.988	2	17,745	109-	.610-
34	Newton	19,517	19,517	1.093	1	19,517	1,663+	9.314+
35	Lauderdale	67,119	67,119	3.759	4	16,780	1,174-	6.576-
36	Clarke	16,493	16,493	.924	1	16,493	1,361-	7.623-
37	Jasper	16,909	16,909	.947	1	16,909	945-	5.293-
38	Jefferson Davis	13,540
	Simpson	20,454	33,994	1.905	2	16,997	857-	4.800-
39	Copiah	27,051
	Lawrence	10,215	37,266	2.087	2	18,633	779+	4.363+
40	Jefferson	10,142
	Lincoln	26,759	36,901	2.067	2	18,450	596+	3.338+
41	Adams	37,730	37,730	2.113	2	18,865	1,011+	5.662+
42	Amite	15,573
	Franklin	9,286
	Wilkinson	13,235	38,094	2.134	2	19,047	1,193+	6.682+
43	Pike	35,063	35,063	1.964	2	17,532	322-	1.804-
44	Marion	23,293
	Walthall	13,512	36,805	2.063	2	18,402	548+	3.069+
45	Covington	13,637
	Jones	59,542	73,179	4.099	4	18,295	441+	2.470
46	Forrest	52,722
	Lamar	13,675	66,397	3.719	4	16,599	1,255-	7.029-
47	Wayne	16,258	16,258	.911	1	16,258	1,596-	8.939-
48	Greene	8,366
	Perry	8,475	17,111	.959	1	17,111	743-	4.161-
49	George	11,098
	Stone	7,013	18,111	1.015	1	18,111	257+	1.439+
50	Hancock	14,039
	Pearl River	22,411	36,450	2.042	2	18,225	371+	2.078+
51	Harrison	119,489	119,489	6.693	7	17,070	784-	4.391-
52	Jackson	55,522	55,522	3.109	3	18,507	653+	3.657+
TOTALS & AVERAGES		2,178,141	2,178,141	122.000	122	17,854