Evening star., 1932-10-19
decision came 20 days before Novem-

decision came 20 days before Novem-
Der 8.
In the Kentucky redistricting con-
troversy three-judge Federal court had
held the new reopportionment law to be
a violation Of the act Of 1911, as IN the
case Of Mississippi.
Judge George c. Taylor of the East
ern District of Tennessee has been given
10 days by the Supreme Court in which
to show why he should not call q three
Judge court to reconsider the validity
of that States new redistricting law.
It has been attacked by Charles Clay
James, a citizen of the State.
Chief Justice Hughes in the opinion
handed down yesterday said the reap
portionment act of 1929. fixing the rep
resentation of the different States in
the House of Representatives under the
census of 1880, omitted the require
ments as 10 compactness, contiguity
and equality in population Of the new
districts" and did not carry forward
those requir as previous reappor-
tionment acts had done"
BY Staff Correspondent of The Star.
ARLINGTON COUNTY COURT
HOUSE, Va, October 1e.-Virginia's re-
districting muddle was believed today
to be unchanged by the decision Of the
United States Supreme Court in the
Mississippi case and preparations were
being continued for the election of
members of the House of Representa-
tives at large instead of by districts.
The decision of the Virginia Supreme
Court of Appeals in holding that the
1882 redistricting act Is unconstitutional
was based upon a provision in the
State constitution and not upon the
Federal constitution, 1t was pointed out,
whereas the legal questions involved in
the Mississippi case were based upon
Federal law alone.
In view of the little time left before
the election on November 8, Assistant
Attorney General Edwin H. Gibson OF
Virginia said today that no effort would
be made to have the Virginia Supreme
Court decision reversed at this time.
but that a careful study would be made
of the case in preparation for possible
changes IN the future, or before another
congressional election.
Ballots Already Printed.
Mai. Gibson stated that the ballots
have already been printed. and that any
effort to upset the election of members
VI lilc I1OtiSC Vi Ibcpl plCocilldtlVco at
large would be unfair, especially to the
absent voters who will be unable to cast
their ballots unless they are mailed
within a short time
AS to whether the Mississippi decision
has any effect upon the Virginia situa-
tion. both Maj Gibson and Attorney
General Saunders said, is still a moot
question that cannot be acted upon
hastily. 1t would be impossible, they
believe. to secure a decision by the
United States Supreme Court at this
time. and they are not disposed to ask
a rehearing in the State Supreme Court
Of Appeals now.
Mai Gibson said that it would un-
doubtedly be necessary for the next
General Assembly to pass new redis-
tricting legislation. and it might be that
the first steps will be taken toward the
passage Of a constitutional amendment
that would eliminate the provision re-
quiring congressional districts be con-
tiguous and of as near equal popula-
ton as practicable. Virginia, he said,
is one of the few States having such a
provision in its constitution.