-
251 F.Supp. 584 (1965) James D. NOLAN, Plaintiff,
v.
James A. RHODES, Governor of Ohio, et al., Defendants.
Leonard M. SIVE et al., Plaintiffs,
v.
Harry ELLIS et al., Defendants.
Clarence BLOSSER, Plaintiff,
v.
James A. RHODES et al., Defendants.Civ. A. Nos. 6082, 6491, 7585. United States District Court S. D. Ohio, E. D.
October 27, 1965. Judgment Affirmed February 21, 1966. *585 Kenneth G. Weinberg, Cleveland, Ohio, Stewart R. Jaffy, Columbus, Ohio, for plaintiff in No. 6082.
Jerome Goldman, Cincinnati, Ohio, for plaintiffs in No. 6491; William T. Bahlman, Jr., Robert P. Goldman, Bruce I. Petrie, Charles H. Tobias, Jr., Harris K. Weston, Cincinnati, Ohio, of counsel.
Harry P. Jeffrey, Dayton, Ohio, for plaintiff in No. 7585.
William B. Saxbe, Atty. Gen., of Ohio, Columbus, Ohio, for defendants in Nos. 6082, 6491 and 7585.
Hugh A. Sherer, Columbus, Ohio, William E. Knepper, Columbus, Ohio, special counsel for defendants in Nos. 6082 and 6491.
George Schilling, Jr., Pros. Atty., Clinton County, Wilmington, Ohio, Angus B. Wilson, Pros. Atty., Brown County, Georgetown, Ohio, John O. Crouse, Pros. Atty., Highland County, Hillsboro, Ohio, Elmer Spencer, Pros. Atty., Adams County, West Union, Ohio, for defendants in No. 6491; Gerald A. Donahue, John J. Chester, Columbus, Ohio, special counsel.
Before WEICK, Circuit Judge, and WEINMAN and PECK, District Judges.
See 86 S.Ct. 716, 15 L.Ed.2d 616.
PER CURIAM.
These three consolidated cases challenge the constitutionality of the apportionment of the General Assembly of the State of Ohio. Pursuant to mandate of the Supreme Court of the United States (378 U.S. 556, 84 S.Ct. 1906, 12 L.Ed.2d 1034, 1964), this Court by order dated October 15th, 1964, and entered in Nolan v. Rhodes and Sive v. Ellis (Nos. 6082 and 6491), 218 F.Supp. 953 declared Article XI, Section 2 of the Ohio Constitution void as being in violation of the Fourteenth Amendment to the Constitution of the United States, and ordered the Ohio General Assembly to effect an apportionment system for its membership in compliance with said constitutional provision. The effective date of said order was postponed until the further order of the Court to provide an opportunity for the General Assembly of Ohio to take action to effect such reapportionment. The General Assembly then met in special session on November 10, 1964, and on December 9, 1964, adopted a joint resolution providing for an apportionment plan of the House of Representatives only and the submission thereof to the voters at a special election in May, 1965. Such special election was held but the proposed amendment was defeated by the vote of the electors.
Apportionment of the House was again considered by the 106th General Assembly at its regular session in 1965, but the three-fifths vote of both Houses required to submit a constitutional amendment for a vote of the people could not be obtained. The General Assembly having adjourned sine die without having enacted another apportionment amendment for submission to the electors, the Court entered an order requesting each party to the actions to file on or before October 15, 1965, a suggested plan for reapportionment of the Ohio House of Representatives and a suggested plan for the reapportionment of the Ohio Senate, and further announcing that any person or persons could within said period of time file a suggested plan upon leave of Court.
*586 In Blosser v. Rhodes (No. 7585), by interlocutory order entered October 18, 1965, the Court determined that the Senate of the Ohio General Assembly was malapportioned for the reasons that the Senate has not been apportioned substantially on a population basis; that substantial equality among the districts has not been maintained; that the provisions of the Ohio Constitution governing apportionment of the Senate were contained in the Constitution of 1851 and have not since been amended except as to districts having fractions; that the Constitution of 1851 does not properly allow for the shifts in population which have occurred since its adoption; that the provision (Ohio Cons., Art. XI, Sec. 6a) providing for a varying number of Senators from the same district for different legislative sessions during a decennial period results in underrepresentation for some sessions and overrepresentation for others, but never for reasonably exact representation; that the provisions of the Ohio Constitution which require said malapportionment of the Senate as above related, are in violation of the Fourteenth Amendment to the Constitution of the United States and are therefore null and void. Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964) and other cases decided on the same day.
In the order of September 16, 1965, each party to actions Nos. 6082 and 6491 was requested to file on or before October 15, 1965, a suggested plan for the reapportionment of the Ohio House of Representatives and a suggested plan for the reapportionment of the Ohio Senate, and the order further provided that any interested person or persons might within the same period of time file such suggested plans by leave. Pursuant thereto such plans have been filed by the parties as well as by many other interested persons and organizations. Among the plans filed by the parties is one which was filed by the Governor, Auditor of State and Secretary of State of Ohio. Those state officials constitute the Apportionment Board created by Article XI, Section 11 of the Ohio Constitution[*] and simultaneously with such filing, said Board caused the same plan to be published in newspapers of general circulation in the State of Ohio as required by said Section of the Constitution.
In essence, that plan as filed and published divides the state of Ohio into 99 districts and provides for the election to the House of Representatives of one member from each House District so formed, and then provides for 33 Senate Districts, from each of which one senator is to be elected, and each of which is comprised of three House Districts. In determining the "ideal" population for a House District the population of the state was divided by one hundred (Ohio Cons., Art. XI, Sec. 1). Under the plan, no House District has less than 85% of such population, nor more than 115% thereof. No county was divided which fell within the 85 to 115% range, and in establishing the districts pre-existing political boundary lines (i. e., county lines, township, municipal, ward or precinct boundaries, etc.) were followed. The population figures used were of the last census, and since 1960 population figures were used 1960 boundaries were also followed, since there is no more recent official determination of such population shifts as may have occurred.
As above stated, each Senate District is composed of three contiguous House Districts. In determining the "ideal" population of such district, the 1960 population of the state was divided by 35 (Ohio Cons., Art. XI, Sec. 6). While the populations of the Senate Districts do not in every instance fall within the range of 85-115% of the quotient arrived at by dividing the population by 35, every Senate District is well within that range if a divisor of 33 (the number of Senators) is used. A variance within that *587 range is here held not to be violative of constitutional standards.
It is the position of said state officials, as urged in the supporting brief accompanying the plan filed in this court by the Attorney General of Ohio, that they acted in accordance with the authority of said Section 11, thereby performing the mandatory duty imposed upon the Board to reapportion the Ohio General Assembly.
It is axiomatic that any action taken by a properly constituted governmental agency is entitled to a presumption of validity, and accordingly the action of the Apportionment Board is here to be presumed to be legal, valid and constitutionally taken. (See, e. g., Goldberg v. Truck Drivers Local Union No. 299, 293 F.2d 806 (6th Cir. 1961)). In this regard, mention is made of the fact that such constitutionality has been challenged in an action instituted in the Court of Appeals for Franklin County, Ohio, October 20th, 1965, in action No. 8228 on the docket of that court. Until or unless the presumption of validity hereinabove referred to is dissipated by determination by the Ohio courts, the presumption is deemed binding upon this Court, the question whether the Board acted in accordance with authority conferred by the Constitution of Ohio being peculiarly one of Ohio law and appropriate for resolution in the courts of that state.
We regard the apportionment of the General Assembly of Ohio as being a legislative rather than a judicial function. The Federal Court should intervene only to protect rights guaranteed by the Constitution of the United States. When a state apportionment has been declared unconstitutional the Federal Court should devise and put into effect a reapportionment plan only as a last resort when the Legislature fails or is unable to act. In devising a plan the Court acts to prevent a breakdown or disruption of essential state government services.
If the presumption of validity prevails and finds support in the Ohio courts, it must necessarily follow that by its action the Board has established a plan for the reapportionment of the General Assembly and the only determination to be made by this Court is whether or not such plan is in violation of the Constitution of the United States or any provisions thereof. A study of such plan convinces us that the apportionment made by the Board conforms as nearly as practicable according to population and follows the rules enunciated by the Supreme Court in Reynolds. This Court therefore finds that said plan is not violative of the Constitution of the United States.
Elections could not be held under the present apportionment since we have held the General Assembly to be malapportioned. Therefore, consideration must be given to an alternative, namely that of a determination by the Ohio courts of invalidity under the state constitution of the action of the Apportionment Board in its creation of the plan. Such an alternative presents the possibility of chaos and of a breakdown in the entire election machinery of the state in providing for the legislature to be elected in 1966. In order to prevent such an untoward result, and to insure continuity and the stabilization of such elections of the General Assembly said plan of the Apportionment Board will by the Order which hereafter follows be approved, adopted and put into effect now on a temporary basis.
It seems proper to point out that if one of the other plans (or any combination of them, or a plan of the Court's original creation) were to be approved in the event of a declaration of invalidity of the Board plan by the Ohio courts, an entirely untenable situation would be created. It is required by the Ohio Constitution (Art. II, Sec. 3) that "senators and representatives shall have resided in their respective counties, or districts, one year next preceding their election * *." The election in 1966 will by law be held November 8th, and any present delay in the adoption of a plan would make it constitutionally impossible for some incumbent members of the General Assembly *588 or aspirants thereto to stand for election without creating partisan or otherwise potentially embarrassing situations.
Having thus summarily refrained from considering the other carefully prepared suggested plans which have been submitted, a word concerning them should be said. Without exception, such plans indicate the thought and effort with which they have been prepared and appreciation is expressed to the public-minded citizens, legislators and organizations who made such submissions. As has been stated, in the event the Apportionment Board is found by the Ohio courts not to have acted within the proscription of the Ohio Constitution in the preparation of its plan, that plan is hereinafter only adopted as temporary. It is contemplated that in such circumstance during the period of such temporary operation further consideration will be given to the additional plans received. Several of such plans have been accompanied by motions to intervene, and while all such pending motions will be denied, all accompanying plans are received and deemed properly filed, and will be before the Court under the circumstances just set forth.
The plan filed herein by the defendants James A. Rhodes, Governor of Ohio, Ted W. Brown, Secretary of State of Ohio, and Roger Cloud, Auditor of State of Ohio (and which said plan was promulgated by said officials in their capacity as Apportionment Board under the provisions of Article XI, Section 11 of the Ohio Constitution) is attached hereto and made a part hereof.[*] The facts of the three consolidated cases herein considered are found to be as hereinabove set forth and as stated in said attached plan, and this memorandum is filed as the Court's findings of fact and conclusions of law in accordance with the provisions of Rule 52, Federal Rules of Civil Procedure.
In considering the motion of Frank W. King for rehearing, it should be pointed out that he was afforded the opportunity to appear by his counsel as amicus curiae and participate in the trial on the merits of this case. He was personally present and his counsel examined the stipulation agreed upon by the parties and was unable to point out any particular in which it was incorrect or inadequate. He was given the opportunity to offer evidence but he offered none. His counsel was permitted to make the principal argument in the case supporting the constitutionality of the apportionment of the Ohio Senate. In short, he was accorded all the rights of a party in the hearing.
In accordance with the foregoing,
It is ordered:
1. That all pending motions should be and they are hereby denied, including the motions of the plaintiffs in actions Nos. 6082 and 6491;
2. That the interlocutory order heretofore entered holding the Senate of the Ohio General Assembly to be malapportioned, is hereby made final;
3. That the plan adopted by the Apportionment Board acting under the provisions of Article XI, Section 11, Ohio Constitution, is not in violation of the Constitution of the United States or any provisions thereof;
4. That said plan is hereby adopted and put into effect on the date of the entry hereof as a temporary plan and ordered by this Court to be followed for the election of the General Assembly of Ohio in the year 1966;
5. That jurisdiction of these cases is retained pending determination of the constitutionality of the action of the said Apportionment Board under the Constitution of the State of Ohio by the Ohio courts, and thereafter: To consider any application for an extension of the temporary period; to enforce this order; and to consider any other appropriate matter which may be brought to the attention of the Court.
*589 APPENDIX
Governor's publication of the ratio of representation for the Ohio Senate and House of Representatives based upon the 1960 Decennial Census as ascertained and determined by the Governor, the Auditor of State and the Secretary of State in September, 1965, together with their apportionment of Senators and Representatives to districts and their determination of which senatorial districts shall elect Senators to take office for four-year terms starting January 1, 1967, and which for four-year terms starting January 1, 1969.
I, James A. Rhodes, Governor, pursuant to Article II, Section 2 and Article XI, Section 11 of the Constitution of Ohio and further pursuant to Sections 107.09 and 107.13 of the Revised Code, hereby give public notice that the Governor, the Auditor of State and the Secretary of State, by actions taken September 8 and September 27, 1965, have unanimously ascertained and determined (1) that the apportionment of the Ohio House of Representatives and the Ohio Senate under which the 106th General Assembly was elected is unconstitutional in such vital respects under both the Ohio and United States Constitutions as to be a nullity; (2) that the ratio of representation for the Ohio House of Representatives according to the 1960 decennial census is one representative for each 97,064 people and that the ratio of representation for the Ohio Senate according to the same census is one Senator for each 277,326 people; (3) that each House District shall be entitled to elect one Representative in 1966, 1968 and 1970, that even-numbered Senate Districts shall be entitled to elect one Senator for a four-year term in 1966 and 1970, and that odd-numbered Senate Districts shall be entitled to elect one Senator for a two-year term in 1966 and to a four-year term in 1968 (subject to the orders of the Court hereinafter mentioned); (4) that an apportionment for the remainder of the present decennium of the Ohio House of Representatives and of the Ohio Senate that is consistent with the orders of the United States District Court for the Southern District of Ohio, Western Division in Civil Actions No. 6082 (Nolan vs. Rhodes, Governor of Ohio, et al.), No. 6491 (Sive, et al. vs. Ellis, et al.), and No. 3201 (Blosser vs. Rhodes, Governor of Ohio, et al.) and not contrary to other relevant Federal Court decisions, is an apportionment in which ninety-nine House Districts and thirty-three Senate Districts are distributed over Ohio uniformly on a population basis, with each district electing one Representative or one Senator as the case may be; (5) that Senators to be elected from odd-numbered districts shall take office for four-year terms starting January 1, 1967, and that Senators to be elected from even-numbered districts shall take office for two-year terms on January 1, 1967, and thereafter for four-year terms starting January 1, 1969.
The Governor, the Auditor of State and the Secretary of State, accordingly, have apportioned the Ohio House of Representatives and the Ohio Senate for the remaining years of the current decennium as hereinafter set forth.
APPORTIONMENT OF THE OHIO HOUSE OF REPRESENTATIVES
By such of said ascertainments and determinations as pertain to representation in the House of Representatives, the following House Districts are constituted, from each of which one Representative shall be elected to take office January 1, 1967, for a two-year term:
1960 DESIGNATION COMPRISING POPULATION House District 1: Williams County 29,968 Fulton County 29,301 Defiance County 31,508 _______ TOTAL 90,777 House District 2: Paulding County 16,792 Van Wert County 28,840 Putnam County Township Monterey Township 1,688
*590 1960 DESIGNATION COMPRISING POPULATION Auglaize County 36,147 Mercer County Townships Black Creek Township 752 Dublin Township 2,058 Union Township 1,507 Liberty Township 1,002 Hopewell Township 910 Center Township 959 ________ TOTAL 90,655 House District 3: Darke County 45,612 Preble County 32,498 Mercer County Townships Recovery Township 1,335 Gibson Township 1,872 Granville Township 2,912 Marion Township 2,554 Washington Township 1,188 Butler Township 4,256 Franklin Township 1,369 Jefferson Township 9,885 ________ TOTAL 103,481 House District 4: Henry County 25,392 Wood County 72,596 ________ TOTAL 97,988 House District 5: Putnam County less Monterey Township 26,643 Hancock County 53,686 Hardin County 29,633 ________ TOTAL 109,962 House District 6: Allen County 103,691 House District 7: Shelby County 33,586 Miami County 72,901 ________ TOTAL 106,487 House District 8: Logan County 34,803 Champaign County 29,714 Clark County Townships Pike Township 2,001 German Township 3,661 Moorefield Township 3,964 Pleasant Township 1,568 Bethel Township 11,363 Mad River Township 5,153 ________ TOTAL 92,227 House District 9: Clark County Townships Harmony Township 2,424 Madison Township 2,562 Greene Township 2,346 Springfield City 82,723 Springfield Township 13,675 ________ TOTAL 103,730 House District 10: Greene County 94,642 House District 11: Warren County 65,711 Clinton County 30,004 ________ TOTAL 95,715 House District 12: Clermont County 80,530 Brown County 25,178 ________ TOTAL 105,708 House District 13: Ottawa County 35,323 Sandusky County 56,486 Erie County Townships Groton Township 899 Margaretta Township 6,146 ________ TOTAL 98,854 House District 14: Huron County 47,326 Erie County Townships Portland Township Sandusky City 31,989 Perkins Township 8,955 Oxford Township 1,111 Huron Township 6,358 Milan Township 2,593 Berlin Township 2,691 Vermilion Township 5,439 Florence Township 1,648 Kelleys Island Township 171 ________ TOTAL 108,281 House District 15: Seneca County 59,326 Crawford County 46,775 ________ TOTAL 106,101 House District 16: Wyandot County 21,648 Marion County 60,221 Union County 22,853 ________ TOTAL 104,722 House District 17: Richland County Townships Plymouth Township 2,089 Cass Township 1,605 Blooming Grove Township 922 Butler Township 667 Sharon Township 10,076 Jackson Township 2,436 Franklin Township 1,384 Weller Township 1,227 Sandusky Township 762 Springfield Township 5,141 Madison Township 73,556 Mifflin Township 2,604 ________ TOTAL 102,469 House District 18: Morrow County 19,405 Knox County 38,808 Delaware County 36,107 Richland County Townships Troy Township 2,546 Washington Township 4,963 Monroe Township 2,138 Perry Township 610 Jefferson Township 2,898 Worthington Township 2,137 ________ TOTAL 109,612 House District 19: Licking County 90,242 House District 20: Madison County 26,454 Fayette County 24,775 Highland County 29,716 Adams County 19,982 ________ TOTAL 100,927 House District 21: Pickaway County 35,855 Ross County 61,215 ________ TOTAL 97,070 House District 22: Pike County 19,380 Scioto County 84,216 ________ TOTAL 103,596 House District 23: Medina County 65,315 Ashland County Townships Ruggles Township 649 Troy Township 707 Sullivan Township 968 Clear Creek Township 1,360 Orange Township 1,708 Jackson Township 1,352 Milton Township 1,633 Montgomery Township 2,139 Union TownshipAshland City 17,419 Perry Township 1,156 ________ TOTAL 94,406 House District 24: Wayne County 75,497 Ashland County Townships Mifflin Township 739 Vermillion Township 1,600 Mohican Township 1,467*591 1960 DESIGNATION COMPRISING POPULATION Green Township 2,993 Lake Township 534 Hanover Township 2,347 _______ TOTAL 85,177 House District 25: Fairfield County 63,912 Hocking County 20,168 Vinton County 10,274 _______ TOTAL 94,354 House District 26: Jackson County 29,372 Lawrence County 55,438 _______ TOTAL 84,810 House District 27: Gallia County 26,120 Melgs County 22,159 Athens County 46,998 _______ TOTAL 95,277 House District 28: Muskingum County 79,159 Perry County 27,864 Morgan County Townships York Township 919 Deerfield Township 498 Union Township 399 Homer Township 557 ________ TOTAL 109,396 House District 29: Guernsey County 38,579 Noble County 10,982 Washington County 51,689 Morgan County Township Bloom Township 641 Bristol Township 424 Center Township 524 Malta Township 1,749 Manchester Township 227 Marion Township 1,271 Meigsville Township 603 Morgan Township 2,753 Penn Township 625 Windsor Township 1,557 _______ TOTAL 111,624 House District 30: Belmont County 83,864 Monroe County 15,268 _______ TOTAL 99,132 House District 31: Holmes County 21,591 Coshocton County 32,224 Tuscarawas County Townships Wayne Township 1,089 Sugar Creek Township 2,734 Auburn Township 755 Bucks Township 1,110 Jefferson Township 781 Franklin Township 2,932 Salem Township 1,350 Oxford Township 5,079 York Township 966 Dover Township 14,717 _______ TOTAL 85,328 House District 32: Carroll County 20,857 Harrison County 17,995 Tuscarawas County Townships Clay Township 2,217 Fairfield Township 885 Goshen Township 19,215 Mill Township 12,519 Perry Township 405 Rush Township 904 Sandy Township 2,281 Union Township 1,029 Warren Township 585 Warwick Township 2,600 Washington Township 591 Lawrence Township 2,045 _______ TOTAL 84,128 House District 33: Jefferson County 99,201 House District 34: Columbiana County 107,004 House District 35: Portage County 91,798 House District 36: Geauga County 47,573 Lake County Townships Leroy Township 1,502 Madison Township 9,841 Perry Township 4,834 Painesville Township 31,146 Concord Township 3,860 _______ TOTAL 98,756 House District 37: Lake County Townships Chagrin Township Willoughby City 15,058 East Lake Township East Lake City 12,467 Kirtland Township 4,876 Lakeline Township Lakeline Village 269 Mentor Township 25,067 Timberlake Township Timberlake Village 670 Waite Township Waite Hill Village 360 Wickliffe TownshipWickliffe City 15,760 Willoughby Township 4,241 Willowick Township Willowick City 18,749 ______ TOTAL 97,517 House District 38: Ashtabula County 93,067 LARGE COUNTIES DIVIDED INTO INDIVIDUAL DISTRICTS 1960 DESIGNATION COMPRISING POPULATION House District 39: Butler County Townships Oxford Township 11,909 Reily Township 1,629 Milford Township 2,135 Hanover Township 4,958 Wayne Township 2,348 St. Clair Township (other than part south of City of Hamilton 5,906 Madison Township 9,286 Middletown City 42,115 Lemon Township 14,415 Liberty Township 3,143 _______ TOTAL 97,844 House District 40: Butler County Townships Morgan Township 2,174 Ross Township 3,340 Fairfield Township 16,023 St. Clair Township (parts south of City of Hamilton 1,105 Union Township 6,236 Hamilton City 72,354 _______ TOTAL 101,232 House District 41: Cuyahoga County Township and Wards Cleveland City Ward 24 29,629 Bratenahl Township Bratenahl Village 1,332*592 1960 DESIGNATION COMPRISING POPULATION Cleveland City Ward 25 31,170 Cleveland City Ward 27 22,704 _______ TOTAL 84,835 House District 42: Cuyahoga County Wards Cleveland City Ward 20 29,986 Cleveland City Ward 21 25,365 Cleveland City Ward 22 29,560 Cleveland City Ward 23 22,061 _______ TOTAL 106,972 House District 43: Cuyahoga County Wards Cleveland City Ward 16 24,568 Cleveland City Ward 18 20,453 Cleveland City Ward 19 24,868 Cleveland City Ward 29 22,697 _______ TOTAL 92,586 House District 44: Cuyahoga County Wards Cleveland City Ward 10 26,988 Cleveland City Ward 28 23,153 Cleveland City Ward 30 42,742 _______ TOTAL 92,883 House District 45: Cuyahoga County Townships and Wards Cleveland City Ward 14 20,117 Cleveland City Ward 15 25,012 Brooklyn Heights Township Brooklyn Heights Village 1,449 Newburgh Heights Township Newburgh Heights Village 3,512 South NewburghWarrensville TownshipGarfield Heights City 38,455 Willow Township Cuyahoga Heights Village 796 _______ TOTAL 89,341 House District 46: Cuyahoga County Wards Cleveland City Ward 11 21,448 Cleveland City Ward 12 19,362 Cleveland City Ward 13 19,947 Cleveland City Ward 17 23,062 Cleveland City Ward 31 13,772 _______ TOTAL 97,591 House District 47: Cuyahoga County Townships and Wards Cleveland City Ward 2 27,294 Cleveland City Ward 6 24,205 Cleveland City Ward 9 42,697 Laurel TownshipBrooklyn City 10,733 Brooklyn Township Linndale Village 381 _______ TOTAL 105,310 House District 48: Cuyahoga County Wards Cleveland City Ward 3 23,837 Cleveland City Ward 5 22,274 Cleveland City Ward 7 21,984 Cleveland City Ward 8 25,339 _______ TOTAL 93,434 House District 49: Cuyahoga County Township and Ward Lakewood Township Lakewood City 66,154 Cleveland City Ward 1 27,948 _______ TOTAL 94,102 House District 50: Cuyahoga County Townships and Wards Charleston Township Middleburgh Heights City 7,282 Brook Park Township Brook Park City 12,856 River Edge Township 416 Cleveland City Ward 33 57,020 Cleveland City Ward 4 31,152 _______ TOTAL 108,726 House District 51: Cuyahoga County Townships Parma TownshipParma City 82,845 Parma Heights Township Parma Heights City 18,100 _______ TOTAL 100,945 House District 52: Cuyahoga County Townships Bay TownshipBay Village City 14,489 Rocky River Township Rocky River City 18,097 Fairview Township Fairview Park City 14,624 North Olmsted Township North Olmsted City 16,290 Goldwood Township Parkview Village 2,018 Olmsted Township 4,773 Olmsted Falls Township Olmsted Falls Village 2,144 Westview Township Westview Village 1,303 Berea TownshipBerea City 16,592 Westlake-Dover Township Westlake City 12,906 _______ TOTAL 103,236 House District 53: Cuyahoga County Township and Ward Cleveland City Ward 32 25,865 Euclid TownshipEuclid City 62,998 _______ TOTAL 88,863 House District 54: Cuyahoga County Townships East Cleveland Township East Cleveland City 37,991 Cleveland Heights Township Cleveland Heights City 61,813 _______ TOTAL 99,804 House District 55: Cuyahoga County Townships and Ward Cleveland City Ward 26 27,771 Richmond Heights Township Richmond Heights City 5,068 South Euclid Township South Euclid City 27,569 Highland Heights Township Highland Heights Village 2,929 S.O.M. Township Mayfield Village 1,977 Riverside-Gates Mills Township Gates Mills Village 1,588 Mayfield Township Mayfield Heights City 13,478 Euclidville Township Lyndhurst City 16,805 ______ TOTAL 97,185 House District 56: Cuyahoga County Townships Idlewood Township University Heights City ........ 16,641 Shaker Township Shaker Heights City 36,460 Beachwood Township Beachwood City 6,089 Pepper Pike Township Pepper Pike Village 3,217 Hunting Valley Township Hunting Valley Village 550 Warrensville Township 13,558 Woodmere Township Woodmere Village 398 Orange Township Moreland Hills Village 2,188*593 1960 DESIGNATION COMPRISING POPULATION Garfield TownshipOrange Village 2,006 Chagrin Falls Township 3,523 Bentleyville Township Bentleyville Village 301 Solon TownshipSolon City 6,333 Glenwillow Township Glenwillow Village 359 _____ TOTAL 91,623 House District 57: Cuyahoga County Townships Bedford Heights Township Bedford Heights City 5,275 Oakwood Township Oakwood Village 3,283 Bedford TownshipBedford City 15,223 Maple Heights Township Maple Heights City 31,667 Walton Hills Township Walton Hills Village 1,776 South View Township Valley View Village 1,221 East Independence Township Independence City 6,868 Independence Township Seven Hills City 5,708 East Brecksville Township Brecksville City 5,435 West Brecksville Township Broadview Heights City 6,209 Royalton TownshipNorth Royalton City 9,290 Strongsville Township Strongsville City 8,504 ______ TOTAL 100,459 House District 58: Franklin County Townships and Wards Prairie Township 9,819 Brown Township 830 Norwich Township 9,699 Washington Township 2,057 Perry Township 4,312 Upper Arlington Township Upper Arlington City 28,486 Sharon Township 13,723 Columbus City Ward 22 11,969 Columbus City Ward 21 6,259 Columbus City Ward 20 11,030 Columbus City Ward 19 9,536 ______ TOTAL 107,720 House District 59: Franklin County Townships and Wards Blendon Township 11,593 Plain Township 2,409 Mifflin Township 14,662 Jefferson Township 3,230 Columbus City Ward 26 10,747 Columbus City Ward 23 14,837 Columbus City Ward 24 13,611 Columbus City Ward 25 14,691 Clinton Township (Part adjacent to Ward 23) 4,914 _____ TOTAL 90,694 House District 60: Franklin County Townships and Wards Hamilton Township 9,860 Madison Township 8,049 Truro Township 9,551 Columbus City Ward 28 26,273 Columbus City Ward 29 24,929 Columbus City Ward 1 15,104 ______ TOTAL 93,766 House District 61: Franklin County Townships and Wards Jackson Township 13,693 Franklin Township 15,557 Columbus City Ward 9 16,062 Columbus City Ward 10 19,105 Columbus City Ward 11 19,152 Columbus City Ward 31 12,021 Columbus City Ward 32 10,701 Pleasant Township 3,213 _______ TOTAL 109,504 House District 62: Franklin County Townships and Wards Grandview Heights Township Grandview Heights City 8,270 Columbus City Ward 12 15,821 Columbus City Ward 14 13,024 Columbus City Ward 15 17,820 Columbus City Ward 16 14,576 Columbus City Ward 18 11,261 Columbus City Ward 33 6,347 Clinton Township (Part adjacent to Wards 15 and 33) 2,582 ______ TOTAL 89,701 House District 63: Franklin County Wards Columbus City Ward 2 14,906 Columbus City Ward 3 12,482 Columbus City Ward 4 16,694 Columbus City Ward 7 11,699 Columbus City Ward 8 14,690 Columbus City Ward 13 18,797 Columbus City Ward 30 12,431 _______ TOTAL 101,699 House District 64: Franklin County Townships and Wards Columbus City Ward 5 15,061 Columbus City Ward 6 12,283 Columbus City Ward 17 15,549 Columbus City Ward 27 11,848 Bexley TownshipBexley City 14,319 Whitehall Township Whitehall City 20,818 _______ TOTAL 89,878 House District 65: Hamilton County Townships Symmes Township 7,621 Madeira TownshipMadeira City 6,744 Silverton TownshipSilverton City 6,682 Blue Ash TownshipBlue Ash City 8,341 Sharonville Township Sharonville Village 3,890 Sycamore Township 22,731 Reading TownshipReading City 12,832 Amberley Township Amberley Village 2,951 Deer Park Township Deer Park City 8,423 Lincoln Heights Township Lincoln Heights City 7,798 Lockland TownshipLockland City 5,292 ______ TOTAL 93,305 House District 66: Hamilton County Townships and Wards Columbia Township 24,579 Cincinnati City Ward 2 26,818 Cincinnati City Ward 14 16,233 Norwood TownshipNorwood City 34,580 _______ TOTAL 102,210 House District 67: Hamilton County Township and Wards Anderson Township 17,250 Cincinnati City Ward 1 21,059 Cincinnati City Ward 5 16,236 Cincinnati City Ward 4 14,823 Cincinnati City Ward 3 18,855 _______ TOTAL 88,223*594 1960 DESIGNATION COMPRISING POPULATION House District 68: Hamilton County Townships and Wards Arlington Heights Township Arlington Heights Village 1,355 Elmwood Township Elmwood Place Village 3,813 St. Bernard Township St. Bernard City 6,778 Cincinnati City Ward 7 24,422 Cincinnati City Ward 15 20,347 Cincinnati City Ward 23 23,353 Cincinnati City Ward 24 18,792 ______ TOTAL 98,860 House District 69: Hamilton County Wards Cincinnati City Ward 6 15,692 Cincinnati City Ward 8 19,300 Cincinnati City Ward 9 18,891 Cincinnati City Ward 10 20,304 Cincinnati City Ward 13 22,375 ______ TOTAL 96,562 House District 70: Hamilton County Township and Wards Delhi Township 14,579 Cincinnati City Ward 19 14,029 Cincinnati City Ward 20 18,419 Cincinnati City Ward 21 17,063 Cincinnati City Ward 25 25,510 ______ TOTAL 89,600 House District 71: Hamilton County Townships and Wards Cincinnati City Ward 26 26,665 Crosby Township 1,464 Harrison Township 5,525 Whitewater Township 2,883 Miami Township 8,332 Green Township 47,991 _______ TOTAL 92,860 House District 72: Hamilton County Wards Cincinnati City Ward 11 18,953 Cincinnati City Ward 12 19,515 Cincinnati City Ward 16 11,274 Cincinnati City Ward 17 17,597 Cincinnati City Ward 18 18,996 Cincinnati City Ward 22 17,029 _______ TOTAL 103,364 House District 73: Hamilton County Townships Colerain Township 28,632 Springfield Township 56,939 Glendale Township Glendale Village 2,823 Woodlawn Township Woodlawn Village 3,007 Wyoming Township Wyoming City 7,736 ______ TOTAL 99,137 House District 74: Lorain County Townships Black River Township 41,861 Sheffield Township 43,602 Avon Lake Township Avon Lake City 9,403 Avon TownshipAvon City 6,002 Ridgeville Township North Ridgeville City 8,057 Lorain City in Brownhelm Township 56 ______ TOTAL 108,981 House District 75: Lorain County Townships Brownhelm Township less Lorain City in Brownhelm 3,622 Amherst Township 12,897 Henrietta Township 1,390 Russia Township 10,266 Carlisle Township 9,058 Eaton Township 6,360 Columbia Township 4,474 Camden Township 1,124 Pittsfield Township 1,094 LaGrange Township 2,398 Grafton Township 2,523 Brighton Township 535 Wellington Township 4,578 Penfield Township 810 Rochester Township 544 Huntington Township 748 Elyria Township 46,098 ______ TOTAL 108,519 House District 76: Lucas County Townships and Ward Providence Township 1,587 Waterville Township 4,449 Swanton Township 2,961 Monclova Township 2,728 Waynesfield Township Maumee City 12,063 Harding Township 605 Spencer Township 2,501 Springfield Township 8,636 Adams Township 22,449 Ottawa Hills Township Ottawa Hills Village 3,870 Toledo City Ward 16 23,135 ______ TOTAL 84,984 House District 77: Lucas County Townships and Wards Richfield Township 1,205 Sylvania Township 20,282 Washington Township 38,681 Toledo City Ward 21 16,009 Toledo City Ward 22 17,755 _______ TOTAL 93,932 House District 78: Lucas County Wards Toledo City Ward 12 18,252 Toledo City Ward 13 13,958 Toledo City Ward 14 10,371 Toledo City Ward 15 19,159 Toledo City Ward 9 14,629 Toledo City Ward 8 10,384 Toledo City Ward 6 8,564 _______ TOTAL 95,317 House District 79: Lucas County Wards Toledo City Ward 11 19,649 Toledo City Ward 10 14,601 Toledo City Ward 5 12,102 Toledo City Ward 7 11,266 Toledo City Ward 2 11,976 Toledo City Ward 3 12,006 Toledo City Ward 4 11,837 _______ TOTAL 93,437 House District 80: Lucas County Townships and Wards Toledo City Ward 17 13,187 Toledo City Ward 18 15,951 Toledo City Ward 19 11,651 Toledo City Ward 20 14,678 Toledo City Ward 1 16,883 Oregon Township 13,592 Jerusalem Township 3,319 _______ TOTAL 89,261 House District 81: Mahoning County Townships and Wards Austintown Township 22,152 Youngstown City Ward 3 19,144 Youngstown City Ward 4 26,006 Youngstown City Ward 5 25,319 Youngstown City Ward 6 18,392 _______ TOTAL 111,013*595 1960 DESIGNATION COMPRISING POPULATION House District 82: Mahoning County Townships and Wards Youngstown City Ward 1 less 58 people in Trumbull County 23,375 Youngstown City Ward 2 27,058 Youngstown City Ward 7 27,337 Coitsville Township 16,275 _______ TOTAL 94,045 House District 83: Mahoning County Townships Milton Township 3,341 Jackson Township 1,878 Berlin Township 1,164 Ellsworth Township 1,682 Canfield Township 6,679 Boardman Township 27,379 Poland Township 27,244 Smith Township 10,367 Goshen Township 2,603 Green Township 2,614 Beaver Township 5,101 Springfield Township 5,370 _______ TOTAL 95,422 House District 84: Montgomery County Townships Oakwood TownshipOakwood City 10,493 Dayton City Ward 9 22,658 Van Buren Township Kettering City 54,462 Washington Township 10,605 Moraine Township Moraine Village 2,262 _______ TOTAL 100,480 House District 85: Montgomery County Townships Clay Township 6,113 Randolph Township 9,207 Perry Township 5,166 Madison Township 25,933 Jackson Township 3,870 Jefferson Township 11,125 German Township 6,102 Miami Township 32,082 _______ TOTAL 99,598 House District 86: Montgomery County Townships and Wards Butler Township 12,666 Wayne Township 12,022 Harrison Township 28,996 Mad River Township 33,644 Dayton City Ward 18 8,284 Dayton City Ward 17 14,042 _______ TOTAL 109,654 House District 87: Montgomery County Wards Dayton City Ward 3 15,777 Dayton City Ward 2 16,000 Dayton City Ward 1 14,338 Dayton City Ward 11 10,533 Dayton City Ward 12 14,243 Dayton City Ward 8 16,403 Dayton City Ward 10 11,522 Dayton City Ward 4 12,465 _______ TOTAL 111,281 House District 88: Montgomery County Wards Dayton City Ward 5 11,916 Dayton City Ward 6 13,806 Dayton City Ward 7 13,392 Dayton City Ward 13 15,557 Dayton City Ward 14 21,968 Dayton City Ward 15 6,471 Dayton City Ward 16 22,957 _______ TOTAL 106,067 House District 89: Stark County Wards and Township Canton City Ward 8 5,691 Canton City Ward 9 7,651 Canton City Ward 7 5,960 Canton City Ward 1 6,804 Canton City Ward 2 13,293 Canton City Ward 4 14,183 Canton City Ward 3 9,691 Canton City Ward 5 12,842 Canton City Ward 6 11,740 Canton Township (Part contained in Census Tract SC-116) 3,315 _______ TOTAL 91,170 House District 90: Stark County Townships Marlboro Township 3,078 Lexington Township 29,074 Nimishillen Township 12,390 Washington Township 8,687 Osnaburg Township 5,409 Paris Township 4,994 Canton Township (Excluding part contained in Census Tract SC-116) 18,315 Pike Township 3,523 Sandy Township 4,326 _______ TOTAL 89,796 House District 91: Summit County Township Green Township 9,521 Stark County Townships Lake Township 9,358 Jackson Township 11,016 Plain Township 60,900 _______ TOTAL 90,795 House District 92: Summit County Township Franklin Township 12,051 Stark County Townships Lawrence Township 5,274 Tuscarawas Township 9,723 Perry Township 53,029 Sugar Creek Township 5,802 Bethlehem Township 4,277 _______ TOTAL 90,156 House District 93: Summit County Townships and Villages Sagamore Hills Township 3,848 Northfield Center Township 2,427 Northfield Township Northfield Village 1,055 Macedonia Township 4,060 Twinsburg Township 5,848 Remindersville Township Remindersville Village 217 Richfield Township 3,664 Boston Township 2,127 Boston Heights Village 831 Hudson Township 4,977 Bath Township 4,613 Northampton Township 3,960 Stow TownshipStow City 12,194 Cuyahoga Falls Township Cuyahoga Falls City 47,922 Silver Lake Village 2,655 Munroe Falls Township Munroe Falls Village 1,828 _______ TOTAL 102,226 House District 94: Summit County Township and Wards Copley Township 9,656 Akron City Ward 3 25,830 Akron City Ward 4 37,420 Akron City Ward 8 30,413 _______ TOTAL 103,319*596 House District 95: Summit County Township and Wards Akron City Ward 1 31,445 Akron City Ward 2 23,469 Akron City Ward 6 36,064 Tallmadge Township Tallmadge City 10,246 _______ TOTAL 101,224 House District 96: Summit County Townships and Ward Norton Township 10,924 Barberton City 33,805 Coventry Township 13,317 Akron City Ward 9 28,170 _______ TOTAL 86,216 House District 97: Summit County Townships and Wards Akron City Ward 5 22,188 Akron City Ward 7 26,132 Akron City Ward 10 29,220 Springfield Township 15,822 Lakemore Township Lakemore Village 2,765 Mogadore Township 2,885 _______ TOTAL 99,012 House District 98: Trumbull County Townships Mesopotamia Township 1,245 Bloomfield Township 1,138 Farmington Township 1,391 Bristol Township 2,157 Southington Township 2,774 Champion Township 8,026 Braceville Township 3,005 Newton Township 8,070 Lordstown Township 1,911 Warren Township 42,529 Warren City in Howland Township 27,441 _______ TOTAL 99,687 House District 99: Trumbull County Townships Bazetta Township 5,153 Brookfield Township 9,082 Fowler Township 1,772 Greene Township 725 Gustavus Township 1,016 Hartford Township 2,203 Howland Township less Warren City 12,230 Hubbard Township 15,064 Johnston Township 1,282 Kinsman Township 1,818 Liberty Township 23,010 Mecca Township 1,401 Vernon Township 1,139 Vienna Township 3,357 Weathersfield Township 29,529 Youngstown City in Trumbull County 58 _______ TOTAL 108,839*597 APPORTIONMENT OF THE OHIO SENATE
By such of the ascertainments and determinations mentioned at the beginning hereof as pertain to representation in the Ohio Senate, the following Senate Districts are constituted by combining groups of three contiguous House Districts, from each of which Senate Districts one Senator shall be elected to take office January 1, 1967, for the term shown in the table below:
COMPRISING 1960 DESIGNATION HOUSE DISTRICTS TERM POPULATION Senate District 1: Nos. 1, 4, and 76 4 years 273,749 Senate District 2: Nos. 2, 5 and 6 2 years 304,308 Senate District 3: Nos. 7, 8 and 9 4 years 302,444 Senate District 4: Nos. 3, 39 and 40 2 years 302,557 Senate District 5: Nos. 85, 86 and 88 4 years 315,319 Senate District 6: Nos. 84, 87 and 10 2 years 306,403 Senate District 7: Nos. 65, 66 and 67 4 years 283,738 Senate District 8: Nos. 68, 71 and 73 2 years 290,857 Senate District 9: Nos. 69, 70 and 72 4 years 289,526 Senate District 10: Nos. 11, 12 and 20 2 years 302,350 Senate District 11: Nos. 77, 78 and 79 4 years 282,686 Senate District 12: Nos. 80, 13 and 15 2 years 294,216 Senate District 13: Nos. 14, 17 and 75 4 years 319,269 Senate District 14: Nos. 16, 18 and 19 2 years 304,576 Senate District 15: Nos. 59, 63 and 64 4 years 282,271 Senate District 16: Nos. 58, 61 and 62 2 years 306,925 Senate District 17: Nos. 60, 21 and 25 4 years 285,190 Senate District 18: Nos. 22, 26 and 27 2 years 283,683 Senate District 19: Nos. 23, 24 and 31 4 years 264,911 Senate District 20: Nos. 28, 29 and 30 2 years 320,152 Senate District 21: Nos. 41, 42 and 54 4 years 291,611 Senate District 22: Nos. 43, 44 and 45 2 years 274,810 Senate District 23: Nos. 46, 47 and 48 4 years 296,335 Senate District 24: Nos. 50, 51 and 57 2 years 310,130 Senate District 25: Nos. 49, 52 and 74 4 years 306,319 Senate District 26: Nos. 53, 55 and 56 2 years 277,671 Senate District 27: Nos. 93, 94 and 96 4 years 291,761 Senate District 28: Nos. 91, 95 and 97 2 years 291,031 Senate District 29: Nos. 89, 90 and 92 4 years 271,122 Senate District 30: Nos. 32, 33 and 34 2 years 290,333 Senate District 31: Nos. 35, 36 and 37 4 years 288,071 Senate District 32: Nos. 38, 98 and 99 2 years 301,593 Senate District 33: Nos. 81, 82 and 83 4 years 300,480 _________ TOTAL 9,706,397
This legal advertisement is one of four consecutive weekly publications being made in newspapers in Cleveland, Columbus and Cincinnati on October 15, 16, 22, 23, 29, 30 and November 5 and 6, 1965.
Done at Columbus, Ohio this 15th day of October, 1965. JAMES A. RHODES, GovernorNOTES
[*] Actually, that section merely imposes the responsibility for action on the officials named and does not use the phrase "Apportionment Board." However, for convenience we herein follow the common practice of using the designation "Apportionment Board."
[*] See Appendix.
Document Info
Docket Number： Civ. A. Nos. 6082, 6491, 7585
Judges： Weick, Circuit Judge, and Weinman and Peck, District Judges
Filed Date： 2/21/1966
Precedential Status： Precedential
Modified Date： 10/30/2014