Urbanites Seek
Representation
On Equal Basis
m
MEDFORD MAIL TRIBUNE, MEDFORD. OREGON
SUNDAY, JANUARY 13, 1963
By
CHARLOTTE G. MOULTON
United Press International
Washington - (UPD - City
voters are banging on the
doors of the supreme court
again for equal representa
tion. Cases attacking the city
vs. rural lineup in state leg
islatures have been docket
ed from New York, Michi
gan, Alabama, Maryland
and Oklahoma. One from
Virginia is on the way. In
addition, an appeal from
Georgia challenges the dis
tricting for election to the
U. S. House of Representa
tives. The high court has not
acted on these appeals as
yet, probably because it
wants to get another case
out of the way first-one
testing the constitutionality
of Georgia's county unit
election system. Arguments
have been scheduled for
next week.
Urged To Hear Case
Georgia urged the court
to hear the case last June,
after argument sessions had
ended for the term. But the
court refused to take this
unusual step.
As a result, the county
unit plan was junked in
last September's primary,
in accordance with a previ
ous order by a special three
judge federal panel in At
lanta. The election was by
popular vote.
Conduct of future elec
tions in Georgia will be de
termined by the supreme
court's ruling on the state's
appeal. The decision is ex
pected some time before the
end of the present term in
June.
Lawsuits Start
The sunburst of reappor
tionment lawsuits all over
the country started after
the high court's landmark
ruling in "Baker vs. Carr,"
not yet a year old. There, in
response to an appeal by a
group of Tennesseans, the
court broke precedent and
opened the doors of federal
tribunals to complaints of
this kind.
The Tennessee voters said
the population had for years'
been shifting from the coun
try to the city. But the leg
islature has done nothing to
correct the imbalance by
providing for more law
makers from city districts
and fewer from rural areas.
They said 40 per cent of
the voting population con
trolled the state senate and
37 per cent the house.
Majority Opinion
The majority opinion by
Justice William J. Brennan
Jr., suggested that the con
stitutional right of an indi
vidual citizen to "the equal
protection of the laws"
could be violated in this sit
uation. The 14th amend
ment contains the "equal
protection" guarantee.
Soon after the decision,
lower federal and state
courts held unconstitutional
a large number of state leg
islative appointments.
Some legislatures have
now reapportioned them
selves; others have been re
arranged by a court; and
still others have been given
more time to solve their
problem.
But Brennan did not give
lower courts any guidance
on he main question; What
is a proper apportionment
that will be fair to all the
voters?
Based on Geography
Must both houses neces
sarily be set up on the basis
of population? Or may the
state senate be a kind of
counterpart o f the U. S.
senate and based on geog
raphy. Parties with apportion
ment cases now in the high
court are looking for the
answers.
. Earlier this year a con
ference of research scholars
sponsored by the Twentieth
Century fund came to some
conclusions in this area.
The consensus was that "the
only legitimate basis of rep
resentation in a state legis
lature is people."
"One man's vote must be
worth the same as anoth
er's," a summary of the con
ference stated.
Applies In Both Houses
The scholars said this
principle applies in both
houses. There is no justifi
cation, they said, for a kind
of "federal plan" under
which districts would be
represented in the state sen
ate the same way states are
in the U. S. Congress.
"T h e Constitution em
bodies a theory of federal
ism which divides sovereign
power between the nation
and the states," the sum
mary said. "A key device
for protecting their residual
sovereignty was the equal
state voice in the senate . . .
counties, by contrast, were
never independent or sov
ereign . . . they are wholly
creatures of the states and
may at any time be merged,
divided or abolished by
state governments."
It has been suggested that
two houses-a bicameral legislature-would
not be need
ed if both were elected on a
population basis.
Checks, Balances
But the conferees agreed
that a second house is not a
mirror of the first but pro
vides checks and balances
in the legislative process.
More deliberation is insured
before a law is enacted.
The conference cited
Massachusetts, where both..
Houses are apportioned pop
ulation. The House has 240
members, the Senate 40, a
legislature as . representa
tive of the people as any in
the country. Yet the two
bodies frequently disagree.
Two which arrived at
opposite conclusions were
the Maryland Court of ap
peals, which upheld the
apportionment of the state
senate; and three-judge fed
eral court In Alexandria,
Va., which ordered the re
vamping of both houses of
the Virginia General As
sembly. Reject Federal Analogy
U. S. District Judge Al
bert V. Bryan, speaking for
a 2 to 1 majority in the
Virginia case, rejected the
so - called f eaerai Ana
logy." He said state Senate
Districts, unlike the states
themselves, have no "Aut
onomy." The Maryland Court, on
the other hand, said If the
congress of the United
States can run with one
house selected by geo
graphy, so can a state
legislature.
The court said it is true
that the states which adopt
ed the Federal Constitution
were sovereign bodies. But
it said 37 more have been
admitted to the union since
1789, none of which had
ever been sovereign "with
the possible exception of
Texas."
Further, the opinion by
Judge William L. Hender
son said, "It was never sug
gested that senators vote by
states. They were clearly
members of national con
gress. . ." He concluded
with an indisputable state
ment: "There is no unanimity of
opinion to be drawn from
the (recent) cases, and the
final determination must
await further light from
supreme court of the United
States."
D O
o 0
rwt&i ' l will be J sx $tksmzm
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CHESTS, DRESSES, STUDENT DESKS
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INSULATION
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nJ J rJ J u-Haui
4 DR. CHEST 19.88
4 DR. CHEST 29.88
DR. CHEST 34.88
8 DR. CHEST 39.88
SALEM MAPLE FINISH
5 DR. CHEST 16.88
9 DR. DRESSER 17.88
10 DR. DBL. DRESSER 26.88
5 DR. UTILITY CHEST 14.88
Sanded, Ready to Finish
Covers 20 square feet 3 inches deep. Pour
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Barbara Phillips To Open Office
Barbara Ashley Phillips
will open law offices in the
Goldy building in Medford
Monday, Jan. 14.
Mrs. Phillips, who received
her LIB from the Yale Uni
versity school of law in 1961
after graduating from the
University of California in
1957, engaged in general law
practice in Oregon City for
one year before moving to
Medford six months ago.
Admitted to the practice of
law in 1961. Mrs. Phillips is
a member of the American
Bar association section of tax
ation. In the Oregon State
Bar, she is on the continuing
education committee and liai
son representative to the leg
islative interim committee on
the small business for taxation
committee. She is secretary
for the Jackson County Bar'
association. i
In Medford, Mrs. Phillips
is a member of the League of
Women Voters and of St.
Mark's Episcopal church.
Her husband, Theodore W.
Phillips, lawyer, is associated
here with Robert R. Dickey.
Carpel Remnants Vi PRICE
3.95 Hall Runner 24"x60"
2.97
44.95 36" Rollaway Bed 29.88
Special! Baby Mattresses 9.88
28.95, 31 .95 Baby Cribs 1 9.88, 24.88
6.95 Jumper Chair 4.88
9.95 Auto Crib 7.88
$14 Hassock 9.88
Sandran Linoleum Remnants 4.88
429.95 Stereo Comb. w ,h am-fm r.h. .. $388
549.95 Electronic Organ $477
339.95 23" TV Console $249
119.9517" Portable TV $99
229.95 23" TV Console $147
289.95 Airline Stereo Console $189
299.95 Stereo Tape Recorder $229
109.95 Tape Recorder 47.88
89.95 Walkie Talkie Set $74
142.95 19" TV Portable $88
189.95 Sewing Machine Auto. Ziz-Zjg 89.99
249.95 Auto Washer $199
Special! Record Cabinets 14.88
y Fifth ind
FOR REAL COMFORT
1937 Chrysler New Yorker, 4 Dr. Sedan,
VI, Automatic, MH, Full Power.
Real Sharp .... $1099.00
LEA RAMBLER
Bartl.tt Phone 772-6185
USED APPLIANCES, TVs RADIOS
"AS IS" CONDITION
1- Coldspot 15 cu. ft. Freezer $50
3-Auio. Washers Your Choice
$6
2- Elect. Clothes Dryers r our Choice ... $20
1-Signature Washer & Dryer. $120
5-Sewing Machines Your Choict ...
$17
1-Frigidaire Refrigerator $10
1-17 cu. ft. Chest Freezer $80
1-40" Electric Range $10
1-Radio-Phono Console $15
heavily galvanized
30-GAL. GARBAGE CAN WITH COVER
3 66
SPICIAL
ALL 1962 BEDDING
GREATLY REDUCED
ng
24
Hotel-Motel-220-Coil
Mattress or Box Spring
Reg. 29.95
Full or
Twin Size
Foam 312 Coil Innerspring
Mattress or Box Spring
Full or
Twin Size
Reg. 39.95
Foam or 405-Coil
Spring Mattress
Reg. 49.95
Full or
Twin Size
30 Without
Gel. Coven
Fit. Standard
Ironirif loard.
iprmg
32
Inner
39
Lifeline Flange, Smooth Topi, Quilted Damaik
With smooth identification ra
ideal for stenciling address or
name. Strong corrugated steel with
snug cover, side handles. 20-gallon
size now only 2.66.
24.88 250 fl. Clothes Dryer .. . ... 14.88
21.95 Disappearing Clolhes Dryer 18.88
B.49 Garbage Cans
1.98 Pad and Cover
3.49 Step on Pail
2.49 Egg Beater
Plastic Waste Basket 97c
Special! Wash Basins .. 47c
98c Juice Containers ' 47c
89c Charcoal 101b. 29c
2.29 Barbecue Lighter . 97c
24.88 Barbecue Wagon 13.83
42.98 Smoker-Brazier 19.63
Save $10 Barbecue Wagon . 11.83
3.99 Peal Moss V?m"mi 2.47
All Plaitic.
S. Steel .....
$5
47c
1.47
97c
ODDS AND ENDS OF OUR 1962
BEDDING LINE REDUCED UP TO 50
Reg. 9.25
' 3-TAB SHINGLES
100 RCA U
Sq. Ft. 0.311 Haul
ALL GAS, OIL
AND WOOD
HEATERS
ON HAND
Reg. 3.98 to $35
LIGHT FIXTURES
NOW
20c
NOW fty O OFF
Choose from wide selection of
fixtures for every room.
1.05 "T" Posts, 6 ft. ,o..e,y
48.95 24 ft. Aluminum Ladder
25c Paint Roller Cleaner-Scraper
21.95 Auto Seat Covers
12.44 Floor Mat Set
5.95 Seat Belts 3.83
2.59 Tissue Dispenser 1.S3
9.95 Sleeping Bag Celacloud...........
8.83
3.49 Picnic Chest 2.47
3.95 Lunch Kit With Thermos -.
2.83
..77o
33.97
6c
15.83
: 7.83
BUILDING MATERIALS REDUCED
Carton 5.12
Carta 5.S3
Reg. 4.39-90-lb.
ROLL ROOFING
100 ) QQ U
Sq. Ft. Haul
Riverside Antifreeze
Permanent Type
Ots. Gals.
40 1.49
Imperial Automatic
6-Cycle Washer
-,ST 199
SATIN ENAMEL
Reg. 2.19 Rag. 6.98
Qts. Gals.
1.67 4.89
5.69 16" Rock Wool Baits
6.55 24" Rock Wool Batts
2.95 45 lb. Roll Roofing : 2.65
174.50 Auto. Built-in Oven 63.77
69.50 Counter Top $15
33.75 Wall Cabinet $10
7.50 to 1 1.88 Mixing Faacats IZL $5
65.50 5' Bath Tub ctir.. 44X3
77.506'BathTub.iu.. A...- $25
Birch Cabinets . .. . . $15 to 42.C3
MAIN STORE WILL NOT BE OPEN-SORRY NO LAYAWAYS OR C.O.D. ORDERS