Evening star., 1932-10-18
1871 RED|STR|CT|NG
STATUTE IS KILLED
BY SUPREME COURT
Mississippi Act Upheld in
Ruling Handed Down
by Hughes.
VIRGINIA AND KENTUCKY
LAWS BELIEVED VALID
Opinion Says Congress Has Scrap
ped Requirement That New Dis
tricts Should Be Contiguous.
BY the Associated Press.

BY the ASSocla ted Press.
Upholding Mississippis redistricting
law today, the Supreme Court said the
Federal law of 1911 regulating the for
nation of new congressional districts
was dead
The State statute had been declared
invalid by Federal court in Mississippi
because 1t violated provisions of the
Federal one which required that new
districts should be contiguous, compact
and have as nearly as possible the same
number of inhabitants.
The States redistricting was made
necessary because 1t lost Representa-
tive under the reapportionment follow
ing the 1880 census, it's membership be-
ing reduced from eight to seven.
Virginia Act Affected.
As result of today's decision, there
is a prospect now that redistricting
laws in Kentucky and Virginia, de-
clared void by State courts. will take
their place on the statute books. These
were thrown out on the basis OF the
1911 law. The opinion by Chief JUS
tice Hughes said the Congress had
scrapped that law in its reapporticn-
mcnt statute of 1929.
A challenge to the Tennessee redis-
tricting law is pending before the court,
but it does not directly involve the le-
gality of the redistricting act in that
State
Three States, Missouri, New York and
Minnesota, have had their redistricting
laws declared invalid. but this was be-
cause their Governors failed to sign
them.
The Kentucky law was voided by a
Federal court and an attempt for re-
hearing will probably be made. In this
event. the courts attention would De
called to the highest courts decision,
and if viola ton OF the 1911 law was the
principal basis for scrapping the state
statute, a reversal Of the previous de-
cjsion is regarded in legal circles as
almost certainty.
virginia Situation Different.
The situation in Virginia. however, IS
somewhat different, since the redistrict-
ing act was set aside on two grounds.
One was that it had violated the 1911
law, but the other said 1t also violated
the State constitution.
The decision Of the Mississippi law
was one OF the most important to
come from the court in years. Seem
ingly all members of the court were
of the opinion that the act Of 1911
was dead.
In redistricting the State, the Mis-
sissippi Legislature permitted the hrst
five districts to remain unchanged. II
edced Walthall County to the old sixth
district, taking it from the old seventh,
and then combined the remainder OF
the old seventh with the old eighth 20
make the new seventh.
Figures Presented.
Stewart c. Broom of Jackson chal-
leneed the act, contending the Legis-
IatIlre had failed to comply with the
mcndate of Congress that the districts
should be contiguous and compact, with
practically the same number OF inhab-
itants.
He pointed out in a Mississippi Fed
eraI CouT. that under the new redls-
tricting act the first district would have
24l 900 inhab bitants, the second 5000,
the third 100000. the fourth $4,000,
the fifth 244,000. the sixth 284,0O0 and
the seventh 414,OO0.
Ordinarily the Supreme Court hands
down opinions only on Monday but
Mississippi State officials had asked that
the case be decided before October
% to allow time for preparations for the
November 8 election.
In the Tennessee case, the high court
ruled yesterday that Feceral judge
must show within 10 days why he
should not pass on the rediStricting law
Of that State.
John r. Neal, attorney for Charles
Clay James of Knoxville, who challenged
the Tennessee law, attempted to have
Federal Judge George c. Taylor in the
Eastern district of Tennessee call
three-judge court to pass on the law.
When he refused, Neal and his asso-
ciate. Henry Nathan Camp, jr., ap-
pealed to the Supreme Court.
FIGHT TO BE CONTINUED.