Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-03-18
Ruling Seen
Applying to.
Maryland

Statewide elections, as IL up
hello a Georgia decision In
language broad enough to kill
the Maryland and Mississippi
unit systems as well.
The conception of political
from the Declaration
Of Independence, to Lincoln's
Gettysburg address, to the 18th,
nth and 18th amendments can
mean only one thing-one
person, one vote" wrote Justice
Douglas, who delivered the g.
toll majority opinion.
Justice Harlan was the
dissenter.
Specifically, today's ruling
upheld the decision Of q three
Judge Federal Court in April,
1862, which held the Georgia
unit system unconstitutional
because the votes Of rural resi-
dents carried more weight
than those Of residents in urban
areas.
LEGISLATION Failed
The earlier ruling had prod
ded Maryland TO move toward
repeating the unit system which
it has used since 1910 in State
wide primary elections. Besides
Georgia, only Maryland and
Mississippi have continued to
use the unit system.
Legislation to repeal Mary
lands unit system, however,
failed to get through the cur
rent session of the General
Assembly. The Maryland COM
mittee for Fair Representation
subsequently renewed a court
fight to outlaw the Maryland
unit system. The litigation had
been withdrawn when the re-
peal legislation was introduced
In the General Assembly.
Under the Maryland unit
system, much as under the
Georgia system involved in to-
days ruling, the popular vote
does not necessarily determine
the winner of Statewide pri-
maries. Each county and Balti-
more city legislative district is
allocated the same number Of
votes as it has representation
| in the General Assembly.
Not ON Reapportionment
Indirectly, the primary vot-
| ing power, therefore. is tied to
apportionment of legislative
seats. But in today's ruling, the
court seemed to emphasize that
its ruling applied to the ques-
ton Of unit voting only. and
not the question Of reappor-
tionment which also Is tied up
| in LITIGATION bound for the
Supreme Court.
The Georgia case was orig
inally filed only two hours
after the Supreme Court ruled
last spring that courts could
consider legislative apportion-
ment questions.
It was argued before the
court on January II by At
torney General Robert F. Ken
needy. making his debut as Q
courtroom lawyer.
Before a beaming gallery Of
Kennedys - including the wife
of President Kennedy - he
argued the Georgia system was
a gross and arbitrary dis
elimination by the States
legislature" against the voting
power OF voters in metropolitan
areas.
Discrimination Mentioned
He said the system, in the
opinion OF the Federal Govern
ment, should be struck down
Ito help restore some conf
dence In representative Gov
eminent" He emphasized that
unit systems In themselves
might not be Objectionable. but
said they are unconstitutional
If used to discriminate against
some voters. t
Problems in the Georgia unit
vote case are different from
those In legislative reappor-
tionment cases. the high court
was told. In the latter cases.
other factors such as geogra--
ply and history might be rele-
want.
Apportionment cases have
been brought In at least 30
States since last springs his
See COURT, Page A-e