In Re Apportionment of State Legislature , 377 Mich. 396 ( 1966 )

Souris, J.

I concur in dismissal, four justices (the Chief Justice, Justices Smith, Adams, and I) having concluded that the Austin-Kleiner plan complies with all Federal and State constitutional requirements and that the petition should be dismissed, three justices (Justices Dethmers, Kelly, and O’Hara) having concluded that the Austin-Kleiner plan should be declared unconstitutional and should be remanded to the legislative apportionment commission for further action, and one justice (Justice Black) having concluded to abstain from decision herein (see 377 Mich 396 at 416).

Justices Dethmers, Kelly, Black, and O’Hara record opposition to entry of an order dismissing this proceeding on the ground that it does not command a majority vote of the Court.