The people's voice. [volume] (Helena, Mont.) 1939-1969, 1963-08-30
Editorial


Legislative Assembly
With all the certainty of taxes only
must to grips with reapporonng
legislature be representative of its population
Almost year and half the United States Supreme
stage enforcing the equal protection of the
provision the Fourteenth Amendment to the u S. Con-
uon when ordered the Tennessee legislature to reappor
ton to be truly representative Since then 80 other states
including Colorado South Dakota Washington and IDAHO
among Montanas neighbors litigation
either federal courts compel equitable
representation in their state legislatures.
timely recent exhaustive
study Legislative Apportionment Montana, by Douglas
c. Chafey Political Science major at Montana State Uni
versy Chaffeys manuscript carefully documented paper
only state and federal court decisions
the matter since the epocha u Supreme Court ruling of
March &C. 1862 but deves back into history to the
constitutional convention of 1889 to Montana being
admitted a state.
Almost invariably Chaffey points out lower court decisions
against rural opposition weakening their
legislative assemblies whether in involving
appoonment of the State House of Representatives only
legislative branches One notable exception
Maryland whose Senate is similarly constituted to Montanas
in go far as ALL counties (except the one in which Baltimore
loated have Senator each In that by 43 margin
the State Court of Appeals upheld state constitutional
visions apportioning Senate membership on territorial
County, population basis This decision which
may be of major Importance Montana of several
apporionmen appeals that will be heard by the Supreme
Court this October.
matters currently stand there isn't question that if
Montanas legislature does not return to the equitable
provided for Montana
state in 1889, this will be ordered by the courts
basis of population will depend the top courts decision
the Maryland and similar appeal from Virginia
Oklahoma and Alabama In the latter three states the lower
courts have held that the State Senaes must also be
toned
Pointing the disparity in representation in Montana,
Chaffey cites number of examples These include Yellow
stone and Petroleum countless and the latter cOun Senator
having 80 times the voting power Of the Senator from Vel
lowstone Yellowstone in 1860 had 1905 populaon Pero
eum 1914 His findings show that he 20 least popuous
ties have majority of the in the Senate but represent
only Is of the people of the state Eightyour
of the population thus has only minority
ate representation"
The nequity representation great the House,
but the MSU student CITES the
ous counties with 1886 residents have the number of
representatives does Yellowstone with 79016 residents
The ratio four and half greater voting power
for the nine counties compared with Yellowstone
To bring greater degree of representation Chafey
gests scting method of aOcang representation in both
houses For example, he would allow Yellowstone and Carbon
counties four while for district comprised of five
other counties Musseshe Fergus, Golden Val
lay and Judith Basnhe would allow only Vel
owstone and Carbon combined have 1888 residents Cor
about Senator The five counties cited have 81 24
His proposed solution looks toward of slightly
people senator with total of 3 the house
To achieve balanced House. Chaffey either c
of Representative to each $500 people, for
oal House membership of 82 House member to
of every 1000 for total House membership of &C.
both instances of the smaller counties would be
lined for House membership An example would be
member for district composed of Wheaand Museshe
Golden Valley popuous would remain Iyv