[DOWNLOAD] "Bailey v. Jones Et Al." by Supreme Court of South Dakota * Book PDF Kindle ePub Free
eBook details
- Title: Bailey v. Jones Et Al.
- Author : Supreme Court of South Dakota
- Release Date : January 13, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
BIEGELMEIER, J. This appeal presents the question whether the "one person, one vote" doctrine applies to the election of county
commissioners. The facts are not in dispute. The population of Minnehaha County is 86,575 of which 65,466 reside in the City
of Sioux Falls and 21,109 outside the city. The county has been divided into five commissioner districts pursuant to SDC 12.0608,
two of which comprise the city; the other three comprise the balance of the county. The five defendants are the present acting
county commissioners. Under SDC 12.06 a county commissioner must be a resident elector of the district and his nomination
and election "shall be by a vote of the electors of the district of which (he) is a resident elector". SDC 12.0602. Thus,
two of the commissioners are elected by and represent 65,466 persons (32,733 each) from the city and the three outside the
city are elected by and represent 21,109 persons (7,036 each). Finding this inequality in the districts and disproportionate
representation, the trial court held that part of SDC 12.0608 1 restricting the city to two commissioners denied the electors
of Sioux Falls equal protection of the law and unconstitutional because in conflict with the 14th Amendment of the United
States Constitution 2 and Sections 1, 2 and 19, Art. VI, of our State Constitution. 3 The defendant commissioners were
permitted to function until March 15, 1966, and if by that time the legislature has not acted to permit a constitutional apportionment
or defendants have not so acted by their own initiative or by virtue of statutory amendment, all commissioner districts would
be abolished and candidates for such offices nominated and elected in the 1966 elections to serve at large. Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663, held a claim under the Equal Protection Clause of the 14th Amendment
challenging a state's malapportionment of seats in its legislature presented a justiciable controversy subject to adjudication
in federal courts. In a series of opinions that followed the United States courts expanded that power and doctrine to require
members of both legislative houses represent substantially the same number of people. 4