Parkinson v. Watson ( 1955 )

HENRIOD, Justice

(concurring).

I concur. I believe, all else aside, that the apportionment effected, imperfect as it is and unproportional as to population as it may be in isolated instances, nonetheless reasonably is bottomed primarily upon representation according to population, with reasonable respect being paid, however, to the geography factor. The language of the Constitution in my opinion, allows for necessary, but reasonable distortion of the per capita representation philosophy which it contemplates, in favor of area or geography. Had the legislature gone much further in departing from a precise mathematical representation based on noses to be counted, this writer is constrained to feel that constitutional interdictions would have been ignored. I am convinced that one effectively could demonstrate that to use any single ratio that might be proposed, would lead to as much disparity of representation as the formula used in the reapportionment act of 1955, due, perhaps, to the kaleidoscopic nature of population concentrations, county arrangements and economic divergences. Besides, what may be called a “single” ratio, becomes a “double” ratio when representation is based on any definite number of people “or major fraction thereof,” which as a practical matter, it must be.

Applying those principles of constitutional government enunciated by Mr. Justice CROCKETT anent remaining in our own sphere unless the legislature clearly has. done something that reasonably cannot be construed as being an authorized act within the meaning of the constitutional language,, it is my opinion tire apportionment act passed by our last legislature must be sustained.