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DAVID v. CAHILL

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, CIVIL DIVISION


March 16, 1972

William DAVID et al., Plaintiffs,
v.
William T. CAHILL, Governor of the State of New Jersey, et al., Defendants, James J. Howard et al., Intervenors

Per Curiam

MEMORANDUM AND ORDER

In this action the plaintiffs, citizens, residents, and registered voters of New Jersey, suing on their own behalf and on behalf of all those similarly situated, seek a declaration of unconstitutionality and an injunction against enforcement of N.J.S. 19:46-3, which creates districts for the election of United States Representatives from New Jersey. Jurisdiction is asserted under 28 U.S.C. ยง 1343. The initial defendants were the Governor of the State, the Secretary of State, the Superintendent of Elections of Essex County and the Essex County Board of Elections. The Attorney General of New Jersey has appeared on behalf of these defendants. On motion this court permitted incumbent members *fn1" of the House of Representatives from New Jersey to intervene as defendants. The Democratic members, James J. Howard, Frank Thompson, Jr., Robert A. Roe, Henry Helstoski, Peter W. Rodino, Jr., Joseph G. Minish, Dominick V. Daniels and Edward J. Patten are represented by Warren, Goldberg & Berman, Esqs. The Republican members, John E. Hunt, Charles W. Sandman, Peter Frelinghuysen, Edwin B. Forsythe, William B. Widnall and Florence P. Dwyer, are represented by Farley & Rush, Esqs. All defendants have stipulated that the plaintiffs have standing and are appropriate class representatives. All parties have joined in a stipulation of facts, and all have conceded that they would offer no evidence except for that contained in the stipulation of facts bearing upon the constitutionality of the congressional districting plan set forth in N.J.S. 19:46-3. In the stipulation these facts appear: New Jersey is divided into fifteen congressional districts. The 1970 Federal Census as corrected by the Bureau of Census as of January 3, 1972 establishes New Jersey's population at 7,170,885. With this population an ideal district based upon population would contain 478,059. In fact the population, deviation from the ideal, and percentage of relative deviation of New Jersey's fifteen districts is as follows: % of Rel. District Population Deviation Deviation 1 483,518 5,459 1.14 2 416,317 - 61,742 -12.92 3 558,176 80,117 .76 4 525,322 47,263 9.89 5 581,826 ํ,767 .71 6 629,444 ํž,385 .67 7 463,475 - 14,584 - 3.05 8 460,782 - 17,277 - 3.61 9 433,673 - 44,386 - 9.28 10 441,960 - 36,099 - 7.55 11 383,082 - 94,977 -19.87 12 467,196 - 10,863 - 2.27 13 392,626 - 85,433 -17.87 14 398,390 - 79,669 -16.67 15 535,098 57,039 .93 Total 7,170,885 Mean per cent of relative deviation 12.41

19720316

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