Full opinion text
PER CURIAM. No. 9130, Moss v. Burkhart, reported 207 F.Supp. 885, and 220 F.Supp. 149, comes on for further consideration pursuant to summary order of the United States Supreme Court affirming this Court’s order of reapportionment on its merits and remanding for further proceedings in conformity with the opinion in Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 1362, and related cases. We will briefly review the course of this protracted litigation to again put it in proper perspective. After Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663, and pursuant to hearings in June, 1962, we refused to interfere with the up-coming 1962 Oklahoma primary, but declared the Okla-. homa apportionment laws prospectively null and void, and inoperative for all future elections and continued the case, until July 31, 1962, to afford the State an opportunity to provide a remedy for the adjudicated malapportionment. When the matter came on for hearing pursuant to assignment on July 31st, we again refused to interfere with the election then in being, but we laid down positive and precise guidelines for bringing Oklahoma apportionment laws into conformity with the requirements of the Oklahoma and the Federal Constitutions. These guidelines were in accordance with the opinion of the then Attorney General of the State of Oklahoma, submitted to the Court in June, 1962. This plan has been referred to throughout this proceedings as “Model C.” We recessed the proceedings until March 8, 1963, to afford the incoming Legislature an opportunity to enact a system of election laws apportioning the State of Oklahoma in accordance with the opinion of the Attorney General of the State, which we recommended as in conformity with the requirements of the Federal Constitution. We then said that if the Legislature failed to act within the time allotted to it, the Court would then be compelled, as a last resort, to reapportion by judicial order. An Initiative Petition was submitted in the November, 1962, election, providing for the transfer of the apportionment duties of the Legislature to a constitutional reapportionment commission. The Petition received a majority of the votes cast on the measure, but failed of adoption for lack of sufficient affirmative votes. See: Allen v. Burkhart, Okl., 377 P.2d 821. When this case came on for further hearing March 8, 1963, pursuant to assignment, the then Attorney General of the State of Oklahoma and the intervening Senators offered Senate Joint Resolution No. 8, 14 O.S.Supp. §§ 78.1-78.11, and House Bill No. 586, 14 O.S.Supp. §§ 102-106 as an appropriate remedy for the adjudicated malappor-tionment. Upon a hearing on the appropriateness of the proffered remedy, we rejected the House Bill as providing “little or no relief for malapportionment under antecedent laws.” We rejected Senate Joint Resolution No. 8 as a “patchwork of political maneuvering and manipulation to perpetuate the saíne invidious apportionment which prevailed under the antecedent laws.” The 1963 session of the Oklahoma Legislature also referred to the people a proposed amendment to the Constitution providing for reapportionment of both houses of the Legislature in accordance with a new formula with built-in constitutional means for effecting reapportionment. This proposal was referred to as Senate Joint Resolution No. 4, Laws 1963, p. 736 and was ultimately submitted as State Question 416. We considered this proposed amendment only to determine its acceptability as an appropriate remedy, if adopted. We noted the gross disparity provided therein and expressed misgivings, but were careful not to interfere with the right of the people to speak on the proposal. Being convinced by all that had transpired that the Oklahoma Legislature was unable or unwilling to reapportion itself, and realizing the importance of settling apportionment laws applicable to the forthcoming 1964 elections, we then promulgated our order of July 17, 1963, reapportioning the Oklahoma Legislature in accordance with so-called “Model C.” The Attorney General and the intervenors appealed from this order. During pendency of the appeal, an original action was brought in the Supreme Court of Oklahoma to review House Bill No. 586 and Senate Joint Resolution No. 8, to determine if they were in accord with the Oklahoma Constitution. In the same action, the Attorney General applied to the Oklahoma Court for a “Provisional or Conditional Order” directing “how the 1964 elections for legislative offices should be conducted if the Order of Reapportionment entered on July 17, 1963, * * * should be stayed, reversed, vacated, or held ineffective for any reason.” Davis v. McCarty, Okl., 388 P.2d 480, 482. The Oklahoma Court proceeded to determine whether the most recent apportionment legislation in Oklahoma, i. e., H.B. 586 and SJR 8, “meet the test of substantial equality prescribed by our State Constitution,” and apparently assumed that compliance with the Oklahoma Constitution would constitute compliance with the mandate of the Federal Constitution. Upon consideration of this legislation, the Oklahoma Court concluded that the legislation could be made acceptable as an appropriate remedy “without disturbing in any way H.B. 586, except to remove flotorial representation unauthorized by the [State] constitution; and without disturbing in any way SJR No. 8, except to add senatorial representation to meet the test of substantial equality prescribed by our [State] Constitution.” Davis v. McCarty, supra, p. 482. After the Oklahoma Supreme Court’s stand-by order of reapportionment, our reapportionment order was stayed pending appeal. Primaries have been conducted under the stand-by order in accordance with the apportionment formu-lae provided therein, based upon H.B. 586 and SJR 8 as revised by the Oklahoma Supreme Court to bring it in conformity with the Oklahoma Constitution. In the 1964 run-off primaries, State Question 416 was duly adopted. The gist of the amendment is to amend Article 5 of the Oklahoma Constitution relating to apportionment of the State Legislature and repealing all conflicting sections of the Constitution. After adoption of this amendment, qualified electors brought an action, No. 64-255 Civil, Reynolds et al. v. State Election Board, to declare null and void the apportionment formulae provided in Sections 9A and 10A of Article 5, as amended, as repugnant to the Fourteenth Amendment. The suitors also attack the stand-by plan promulgated by the Oklahoma Court under which the primaries have been conducted, contending that it is invidiously discriminatory and, in any event, contingent upon the reversal or ineffectiveness of our July 17, 1963, order. The Court is petitioned to declare State Question 416 and the stand-by order void and inoperative, and to enter an order vacating the May primary elections; declare all legislative offices vacant and direct the Governor of the State of Oklahoma to proclaim special elections as provided by 26 O.S. §§ 541-545, inclusive, to fill such vacancies in accordance with “Model C” as incorporated in the reapportionment order of this Court and which is now the constitutional law of this case. A three-judge court was duly constituted and upon motion and by consent of all parties, the case has been consolidated with Moss v. Burkhart. The consolidated cases are now before this Court to consider (1) whether State Question 416 contravenes the requirements of the Fourteenth Amendment with respect to equality of representation in the State Legislature, as enunciated by authoritative decisions; and, (2) if the amendment is held not to conform to the requirements of the Federal Constitution, the formulation of an appropriate remedy for the invidious discrimination which we have heretofore found in all prior apportionment laws of the State of Oklahoma. Since the Reynolds case was commenced, certified nominees of both political parties from Oklahoma and Tulsa Counties have intervened to challenge the constitutionality of the apportionment laws under which they were nominated and to petition the Court to vacate the May primary elections, declare vacant the offices to which they and others have been nominated, and direct the Governor to proclaim and order special elections, as provided by 26 O.S. § 541 et seq., to fill the vacancies thus created. The Attor-. ney General, representing the Oklahoma State Election Board, and the interven-,' ing Senators in Moss v. Burkhart, have responded contending that State Question 416 is now the law of Oklahoma insofar as it is not inconsistent with the requirements ‘of the Federal Constitution, and to the extent that it does infringe upon the Equal Protection Clause of the Fourteenth Amendment, it must yield to the Supremacy Clause of the Federal Constitution. They freely concede by their response and at the bar of. this Court that State Question 416 is in certain enumerated respects repugnant to the Federal Constitution and must, therefore, fail. They have filed a plan or scheme designated herein as Exhibits I and II, in which they clearly indicated that part of the amendment which must be expurgated. As thus modified to conform to the supreme law of the land, they offer State Question 416 as the basic law of Oklahoma for reapportionment of the State Legislature, and as repealing all prior laws in conflict therewith. . On the question of immediate remedy, we are urged to uphold the May primary under the stand-by order of the Oklahoma Supreme Court, not because the elections are in conformity with the requirements of State Question 416 as modified to conform to Federal law, but rather as an improvement upon all preexisting laws. They say in that connection that the apportionment under the stand-by order is not sufficiently disparate in the proportionate representation it will bring about to justify the voiding of an election, which they say is now in process or in being. They would have this Court formulate precise guidelines in accordance with State Question 416 as modified, for the Legislature which will convene in January, 1965, under the stand-by order, or in the alternative to promulgate a provisional order of apportionment in accordance therewith. In that respect, our attention is directed to the provisions of State Question 416 for an apportionment commission, with authority to reapportion the State in accordance with established law, if the Legislature refuses to do so within sixty days after convening. This procedure, they argue, will be the least disruptive of the State processes and, at the same time, will insure a constitutionally reapportioned Legislature for the session convening in 1967. They question first whether a special session of the Legislature is empowered to vacate the elections now in being, as indeed, they question the power of this Court to do so. They further question whether the voiding of the elections would result in a vacancy within the meaning of 26 O.S. § 541. And finally, they suggest that the expense of an extraordinary session of the Legislature or of special elections outweighs the benefit to be derived by these plaintiffs thereby. It is true, as the plaintiffs suggest, our July 17, 1963, order of reapportionment has been affirmed. It does surely provide for reapportionment of the Oklahoma legislature in accordance with the principle of equality of representation enunciated in Reynolds v. Sims, supra, and related cases. It is based upon the then subsisting provisions of the Oklahoma Constitution, with modifications to bring it into conformity with the supreme law of the land. But since our previous order, the Oklahoma Constitution has been changed and the provisions upon which our previous order rested have been repealed by State Question 416. State Question 416 is now the basic law of Oklahoma for apportionment of the State Legislature, repealing all conflicting sections of the Oklahoma Constitution. While Moss v. Burkhart, supra, was affirmed on its merits, it was remanded to allow us to effect reapportionment of the State of Oklahoma in accordance with the principles announced in Reynolds v. Sims, supra, and to that end, leave in this Court the power to fashion a remedy in the light of well-known principles of equity. See: Reynolds v. Sims, supra [84 S.Ct. p. 1393]. We believe that by affirmance of our previous order of reapportionment in accordance with Reynolds v. Sims, the Supreme Court committed to us the equitable discretion to fashion a remedy for the reapportionment of the Oklahoma State Legislature to suit the exigencies of the case now before us. In the exercise of our equitable discretion, we have accordingly examined the constitutional amendment (State Question 416) to determine whether it can be utilized for the effectuation of constitutional reapportionment in Oklahoma. We agree with the present Attorney General of Oklahoma that it should now be considered as the basic law of Oklahoma on apportionment of the Legislature. We accept the Attorney General’s candid statement in his response and at the bar of this Court concerning the provisions of this amendment which he deems to be in conflict with the Federal Constitution, and which he admits must, therefore, yield to its requirements. We also accept the Attorney General’s view that the “Amendment was proposed by the Legislature and adopted by the people, both charged with knowledge of the supremacy of the Federal laws, and, in truth, aware that standards and guidelines were in the process of formulation in the Federal courts, and aware that the apportionment formulae in said amendment would, of course, be subordinate to the standards being so formulated.” The amendment having been adopted as an appropriate remedy for existing malapportionment, the people intended for it to prevail as basic law to the extent that it is in conformity with the supreme law of the land and that it would fail only insofar as it must yield to the Supremacy Clause of the Federal Constitution. To paraphrase the words of the Attorney General, we will not strike down the amendment in toto, because one Article contravenes Federal guaranties, nor an Article because a Section is void, nor a Section because a clause is bad. And see: Guinn v. United States, 238 U.S. 347, 366, 35 S.Ct. 926, 59 L.Ed. 1340. In our July 17,1963, order we accepted the then Attorney General’s opinion of the constitutionality of the then existing apportionment laws and order the State reapportioned in accordance with the opinion of the Attorney General. We now accept the present Attorney General’s views of the present law of the State, except as we shall hereinafter depart therefrom. Specifically, we agree with the Attorney General and the intervening Senators that Section 9A, Article 5 of the amendment (State Question 416) is the basic law of Oklahoma for the apportionment of the State Senate. We accept the provisions of Section 9A which provides (1) for forty-eight one-senator senatorial districts in Oklahoma; (2) that the term of office of a senator shall be four years; (3) that one-half of the senators shall be elected each two years; and (4) that the apportionment of the senatorial districts shall be substantially in accordance with the Attorney General’s Exhibit I and as more specifically delineated in the revised order of reapportionment hereinafter set forth, and provided further that the multi-district counties shall be subdivided into senatorial districts of approximately equal population, as specifically delineated in the revised order herein. We agree with the Attorney General and the intervening Senators that Section 10A, Article 5 of the amendment should be retained as the basic law of Oklahoma to provide a formula and procedure for the apportionment of the House of Representatives of the State of Oklahoma. The House of Representatives shall, therefore, be apportioned in accordance with Section 10A, Article 5 as amended, to provide (1) for approximately 100 representatives (the ratio being %ooth of the population of the State); and, (2) that the term of office of a representative shall be two years. The House of Representatives will be apportioned into districts of approximately equal population, as prescribed and delineated in the revised order of reapportionment hereinafter set forth. All of the remaining parts and provisions of Sections 9A and 10A are unconstitutional and they are, hereby, declared null and void. The apportionment commission provided by Sections 11A and 11B, Article 5 of the amendment, and the means for the enforcement of its apportionment orders provided in Sections 11C, 11D and 11E in no way conflicts with the Federal Constitution, and remains as a part of the basic law of apportionment in Oklahoma. Having arrived at what seems to be a satisfactory and acceptable plan for reapportionment of the State of Oklahoma in accordance with the amendment to Article 5 of the Oklahoma Constitution and in compliance with the requirements of the Federal Constitution, the question remains when and how shall it become operative as the controlling law of the State. The Attorney General and the intervening Senators plead for forbearance and further delay. The plea is plausible on its face, but becomes unacceptable when considered in the light of .the history of this case. This litigation had its genesis in Radford v. Gary, D.C., 145 F.Supp. 541, nine years ago. At that time the Attorney General of the State of Oklahoma freely conceded in open court that the Oklahoma Legislature was malapportioned under both the Oklahoma and Federal Constitutions. The answer then was simply that there was no redress in the courts. Since Baker v. Carr, supra, more than two years ago and upon full hearing, we declared the then existing apportionment laws of the State of Oklahoma prospectively null and void, but permitted the 1962 Legislature to be constituted under such laws, and left the matter of correcting the deficiencies to that Legislature on the solemn promise that once their duty was made clear, they would discharge it with honor and fidelity. The result was new laws, equally discriminatory, and an amendment to the State Constitution, which all parties now frankly concede must be materially revised in order to meet the constitutional test of representation based upon population. While we must, in the exercise of our equitable discretion, fashion a remedy which will bring about effective reapportionment with the least disruption of State processes, we are reminded in Reynolds v. Sims, supra, that “once a State’s legislative apportionment scheme has been found to be unconstitutional, it would be the unusual case in which a court would be justified in not taking appropriate action to insure that no further elections are conducted under the invalid plan.” It is suggested that an “unusual case” is where an impending election is imminent and the State’s election machinery is already in progress. If the election in Oklahoma were imminent, i. e., so close that a vacation of the primary would be unduly and inequitably disruptive of the orderly elec-torial process, we would surely yield to the exigencies of the situation. In 1962, we refused to vacate the primary although ample time remained, and we refrained from interfering in any way in order to permit the Legislature to provide its own remedy. As in 1962, primary elections have been conducted and nominees have been certified. But, the primary elections were conducted under the stand-by order of the Oklahoma Supreme Court, which was expressly conditioned and contingent upon the ineffectiveness of our July 17, 1963, order of reapportionment. The judgment of this ■Court was challenged and litigated, and the primary elections conducted on the assumption that our judgment would be overturned. That judgment has now become the settled law in Oklahoma, and our present situation is thus demonstrably different from the circumstances existing in 1962. If confusion and hardship results from the vacation of the primary elections, it is not of our making. Our duty is to reapportion the Oklahoma Legislature in accordance with the established law of the land. Certain nominees under the May primary have come forward as intervenors to sacrifice the advantages they have gained by successful campaigns and urge us not to leave reapportionment to a Legislature of which, if successful in November, they would be a member. We should, of course, do nothing to put an end to the existence of any co-ordinate branch of State government, or even permit it to destroy itself, but we are reasonably sure that the voiding of these elections and the declaration of vacancies in the respective offices would do no harm to the legislative process in the State of Oklahoma. Since 1913, the State has provided for the filling of vacancies which occur by death, resignation, removal or otherwise. In the event of such vacancies, the Governor shall issue his proclamation, designating a day when an election may be held throughout the county or district for the filling of such vacancy. See: 26 O.S. §§ 541-545, inclusive. There is ample time and sufficient funds for the special elections. In these circumstances, we decline to withhold the immediately available remedy to which the plaintiffs are clearly entitled. We accordingly vacate the primary elections conducted under the Oklahoma Court’s stand-by order and we find and hold that a vacancy exists in all of those offices, within the meaning and as contemplated by 26 O.S. § 541 et seq. Section 9A, as amended by State Question 416 provides: “[A]ny Senator, serving at the time of the adoption of this amendment, shall serve the full time for which he was elected.” But, no office-holder has a vested right in an unconstitutional office any more than he has a right to be elected to that office. We believe that it would be invidiously discriminatory to allow this provision of the new constitutional amendment to stand, and it is, therefore, stricken. The July 17, 1963, order of reapportionment provides that the terms of office of senators elected in November, 1960, general election, as well as those elected at the November, 1962, election, will end with the fifteenth day after the general election of November, 1964. We adhere to that part of our former order and declare all legislative offices of the Oklahoma Legislature vacant as of the fifteenth day after the general election in November, 1964, and subject to special elections under 26 O.S. §§ 541-545, inclusive. It thus becomes the statutory' duty of the Governor to call special elections as provided by 26 O.S. §§ 541-545, inclusive. The special elections will be conducted for the purpose of nominating candidates for the offices of the Senate and House of Representatives from the districts designated and delineated in the revised order of reapportionment hereinafter set forth. It is the obligation of the State Election Board and those acting under its authority and direction, to conduct elections as herein provided, out of any available funds appropriated to it. And, it is the obligation of the members of the Emergency Fund Board to make any necessary funds available to the Governor and to the State Election Board, for the purpose of conducting the special elections herein ordered. It will, of course, be unnecessary to proclaim or conduct special elections for nominations to the legislative offices in those reapportioned districts which coincide with the nominations in the May primary. Those nominees will be recognized as duly certified for the purpose of the general election in November in such reapportioned districts. The instances in which special elections are unnecessary will be hereinafter enumerated in the revised order of reapportionment. We do not interfere with that part of the Attorney General’s plan which provides for at-large elections in districts embracing more than one county. Nor do we interfere with that part of the Attorney General’s plan which provides for at-large elections in multi-member counties embracing less than four districts. In accepting these parts of the Attorney General’s plan, we do not indicate approval of at-large elections and do not mean to hold that such elections comport with constitutional requirements of equal protection of the citizens under other circumstances. The Election Board of the State of Oklahoma, and all those acting by and under its authority, are hereby ordered and directed to accept filings and conduct elections, only in accordance with the provisions of the revised order of reapportionment, and in. conformity with the special election statutes of the State of Oklahoma where not inconsistent herewith. The said Board and those acting by and under its authority are enjoined from accepting filings otherwise than in conformity therewith, from conducting special primaries or special or general elections otherwise than in conformity therewith, from issuing certificates of nomination or election otherwise than in conformity therewith, from declaring the results of any such election held otherwise than in conformity therewith, and from certifying to the Secretaries of the County Election Boards a list of nominees otherwise than in conformity therewith. The election boards of the various counties are likewise directed and ordered to conform to the provisions of said order in their conduct of any special primary and general elections, as well as in obtaining ballots and certifying results therefor. All persons and parties are enjoined and restrained from interfering with the conduct of the electoral process in any manner, from interfering with the terms of said order in any manner, and from taking any actions designed to or which will have the effect of interfering with the carrying out of said order, except as may be provided by law for the appeal of this order to the Supreme Court of the United States. And this Court retains jurisdiction for the purpose of making any further orders deemed necessary to insure the special elections provided herein, to the end that nominees for the legislative offices provided herein, in accordance with 26 O.S. §§ 541-545, inclusive, shall be duly certified for the general election in November, 1964. REVISED ORDER OF REAPPORTIONMENT The Legislature of the State of Oklahoma is hereby apportioned as hereinafter provided from the date of this order until the fifteenth day after the general election in November, 1972, unless and until a Legislature, elected and constituted by virtue of this apportionment or the duly constituted Apportionment Commission shall reapportion the Legislature in accordance with the requirements of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The offices of all senators and representatives are hereby declared to be vacant as of the fifteenth day after the general election in November, 1964. The primary and run-off elections conducted in May, 1964, for nominations for the offices of senators and representatives from districts which do not strictly conform to the districts provided herein are hereby declared to be null and void. Those persons nominated in the 1964 primary elections from districts which strictly conform to the districts herein provided shall be the nominees of the appropriate districts and as to such districts only, the 1964 primary elections are not voided. THE SENATE The Oklahoma State Senate shall consist of 48 members who shall be apportioned during the period set forth above among the 48 senatorial districts of the State as provided herein. The term of office of senators elected in the November, 1960, general election, as well as those nominated and elected at the November, 1962, elections, will end with the fifteenth day after the general election in November, 1964, all as provided in Moss v. Burkhart, supra, and affirmed by the Supreme Court of the United States. Senators elected from even-numbered districts in November, 1964, shall hold office until the fifteenth day succeeding the general election in November, 1966, and senators elected from the odd-numbered districts in 1964 shall hold office until the fifteenth day succeeding the general election in November, 1968. The election of senators in 1966 and 1968 shall be for a term of four years, but the election in 1970 shall be only for a two-year term so that all terms shall expire on the fifteenth day succeeding the general election in 1972. Each office is designated and distinguished numerically as provided herein and all filings of notification and declaration for nomination and election to any of such offices shall designate the number of the office to which the filings are intended to apply. The Oklahoma Senate is, therefore, reapportioned as follows: DISTRICT AREA WITHIN DISTRICT NO. (Counties) 1. Ottawa, Nowata, Craig 2. Rogers, Mayes, Delaware 3. Cherokee, Wagoner, Adair 4. Sequoyah, LeFlore 5. McCurtain, Pushmataha, Choctaw 6. Atoka, Johnston, Marshall, Bryan 7. Pittsburg, Latimer, Haskell 8. McIntosh, Okmulgee 9. Muskogee 10. Osage, Pawnee 11. Seminole, Hughes 12. Creek, Okfuskee 13. Pontotoc, Murray, Coal 14. Carter, Love 15. Garvin, McClain* 16. Cleveland AREA WITHIN DISTRICT _(Counties) DISTRICT NO.__ 17. Pottawatomie 18. Logan, Lincoln, Noble 19. Garfield* 20. Kay 21. Payne 22. Blaine, Kingfisher, Canadian 23. Caddo, Grady 24. Stephens, Jefferson 25. Jackson, Tillman, Cotton 26. Washita, Kiowa, Greer, Harmon 27. Dewey, Custer, Roger Mills, Beckham 28. Ellis, Woodward, Major, Alfalfa, Grant 29. Washington* 30. Cimarron, Texas, Beaver, Harper, Woods 31. All of that portion of Comanche County lying East of a line which commences at the Cotton County line between Mangan and Crosby Townships and which proceeds North between said townships to the South border of Lawrence Township; thence East along the South border of said Lawrence Township to the Southwest corner of Lincoln Township; thence North along the border between Lincoln and Lawrence Townships to Southwest Bishop Road in Lawton, Oklahoma; thence West along said road to Sheridan Road; thence North along Sheridan Road to Northwest Ferris Avenue; thence East along Northwest Ferris Avenue to Northwest Fort Sill Boulevard; thence North to and through the Fort Sill Military Reservation and along the line which constitutes the East boundary of Lake Township to the Caddo County line. 32. All that portion of Comanche County and the City of Lawton, Oklahoma not included in the preceding district. DISTRICT NO._, AREA WITHIN DISTRICT _(Counties)_ 33. That part of Tulsa County beginning at the intersection of the Arkansas River and the South boundary line of Osage County; thence along the center of the Arkansas River to South Thirty-Third Street; thence East along the center line of South Thirty-Third Street to Peoria Avenue; thence North along the center line of Peoria Avenue to East Thirteenth Street; thence East along the center line of East Thirteenth Street to South Quincy Avenue; thence North along the center line of Quincy Avenue to East Eleventh Street; thence East along the center line of East Eleventh Street to South Saint Louis Avenue; thence North along the center line of South Saint Louis Avenue to East Sixth Street; thence West along the center line of East Sixth Street to South Quincy Avenue; thence North along the center line of South Quincy Avenue to East Fourth Street; thence West along the center line of East Fourth Street to South Peoria Avenue; thence North on South Peoria Avenue to East First Street; thence Southwesterly along the center line of East First Street to Elwood Ave-ue; thence Northwesterly along the center line of Elwood Avenue to the corner formed by the North-South and East-West boundary lines between Tulsa and Osage Counties; thence West along the South boundary line of Osage County to the Arkansas River, the place of beginning. 34. That part of Tulsa County beginning at the intersection of Yale Avenue and the South boundary line of Washington County; thence South along the center line of Yale Avenue to Sixty-Sixth Street North; thence West along the center line of East Sixty-Sixth Street North to North Peoria Avenue; thence South along the center line of North Peoria Avenue to Fifty-Fourth Street North; thence East along the center line of Fifty-Fourth Street North to Rockford Avenue; thence South along the center line of North Rockford Avenue to Fifty-Second Street North; thence West along the center line of East Fifty-Second Street North to North Peoria Avenue; thence South along the center line of North Peoria Avenue to Forty-Seventh Street North; thence west and south following recent Tulsa City Limits lines to Mohawk Boulevard; thence Northeasterly along the center line of Mohawk Boulevard to North Quincy Avenue; thence South along the center line of North Quincy Avenue to East Virgin Street; thence West along the center line of East Virgin Street to North Madison Avenue; thence South along the center line of North Madison Avenue to East Reading Street; thence East along the center line of East Reading Street to North Peoria Avenue; thence South along the center line of North Peoria Avenue to the Frisco tracks; thence Southwesterly along ' the Frisco tracks to Main Street; thence North along the center line of Main Street to Fairview Street; thence West along the center line of Fairview Street to the Tulsa-Osage County line; thence North along the Tulsa-Osage County line to Apache Street; thence East along the center line of Apache Street to North Denver Avenue; thence North and East, following the recent Tulsa City Limits line to the Tulsa-Osage County Line; thence North along the Tulsa-Osage County line to the South boundary line of Washington County; thence East along the South boundary line of Washington County to Yale Avenue, the place of beginning. DISTRICT AREA WITHIN DISTRICT NO._ _(Counties)__ DISTRICT AREA WITHIN DISTRICT NO._ _(Counties)_ 35. That part of Tulsa County beginning at the intersection of North Yale Avenue and the South boundary line of Washington County; thence South along the center line of Yale Avenue to Sixty-Sixth Street North; thence West along the center line of Sixty-Sixth Street North to Peoria Avenue; thence South along the center line of Peoria Avenue to Fifty-Fourth Street North; thence East along the center line of Fifty-Fourth Street North to Rockford Avenue; thence South along the center line of Rockford Avenue to Fifty-Second Street North; thence west along the center line of Fifty-Second Street North to North Peoria Avenue; thence South along the center line of Peoria Avenue to Forty-Seventh Street North; thence West and thence Southerly following the present Tulsa City Limits lines to Mohawk Boulevard; thence Northeasterly along the center line of Mohawk Boulevard to North Quincy Avenue; thence South along the center line of North Quincy Avenue to East Virgin Street; thence West along the center line of East Virgin Street to North Madison Avenue; thence South along the center line of North Madison Avenue to East Reading Street; thence East along the center line of East Reading Street to North Peoria Avenue; thence South along the center line of Peoria Avenue to East Fourth Street; thence East along the center line of East Fourth Street to South Quincy Avenue; thence South along the center line of South Quincy Avenue to East Fifth Place; thence East along the center line of East Fifth Place to South Quincy Avenue; thence South along the center line of South Quincy Avenue to East Sixth Street; thence East along East Sixth Street to South Saint Louis Avenue; thence South along the center line of South Saint Louis Avenue to East Eleventh Street; thence West along the center line of Eleventh Street to South Quincy Avenue; thence South along the center line of South Quincy Avenue to East Thirteenth Street; thence West along the center line of East Thirteenth Street to South Peoria Avenue; thence South along the center line of Peoria Avenue to Thirty-Third Street; thence East along East Thirty-Third Street to South Utica Avenue; thence South along the center line of South Utica Avenue to East Thirty-Sixth Street; thence West along the center line of East Thirty-Sixth Street to Rockford Avenue; thence South along the center line of South Rockford Avenue 100 feet; thence West to South Quincy Avenue; thence South along the center line of Quincy Avenue to East Thirty-Sixth Place; thence East along the center line of East Thirty-Sixth Place to South Rockford Avenue; thence South along the center line of Rockford Avenue to East Thirty-Ninth Street; thence East along the center line of East Thirty-Ninth Street to South Utica Avenue; thence South along the center line of South Utica Avenue to East Forty-Pirst Street; thence East along the center line of Forty-First Street to South Lewis Avenue; thence North along the center line of Lewis Avenue to East Thirty-Eighth Street; thence East along the center line of East Thirty-Eighth Street to South Birmingham Avenue; thence North along the center line of Birmingham Avenue to East Thirty-Sixth Street; thence East along the center line of Thirty-Sixth Street to South Birmingham Avenue; thence North along the center line of South Birmingham Avenue to East Thirty-First Street; thence West along the center line of Thirty-First Street to South Lewis Avenue; thence North on South Lewis Avenue to East Twenty-Fifth Street; thence East along the center line of East Twenty-Fifth Street to South Birmingham Place; thence North along the center line of South Birmingham Place to East Twenty-Third Street; thence East along the center line of Twenty-Third Street to South Delaware Place; thence North along the center line of South Delaware Place to the Katy tracks; thence Northwesterly along the Katy tracks to East Twenty-First Street; thence West along the center line of East Twenty-First Street to South Yorktown Avenue; thence North along South Yorktown Avenue to East Seventeenth Place; thence East along the center line of East Seventeenth Place to South Lewis Avenue; thence North along South Lewis Avenue to East Newton Street; thence East along the center line of East Newton Street to North Atlanta Avenue; thence North along the center line of North Atlanta Avenue to East Pine Street; thence West along the center line of Pine Street to North Lewis Avenue; thence North along the center line of North Lewis Avenue to East Apache Street; thence East along the center line of East Apache Street and thence following the present Tulsa City Limits boundary line to the intersection of East Pine Street and North Eighty-Fifth East Avenue; thence East along the center line of East Pine Street to the Tulsa-Rogers County line; thence North along the Tulsa-Rogers County line to the South boundary line of Washington County; thence West along the South boundary line of Washington County to Yale Avenue, the place of beginning. And beginning at the intersection of the East boundary of Osage County and West Apache Street; thence East along the center line of West Apache Street to North Denver Avenue; thence North along the center line of North Denver Avenue and in an Easterly direction following the present Tulsa City Limits to West Forty-Sixth Street Noi'th; thence Northwesterly to the East Boundary of Osage County; thence South along the East boundary of Osage County to West Apache Street, the place of beginning. DISTRICT AREA WITHIN DISTRICT NO. (Counties) DISTRICT AREA WITHIN DISTRICT NO. _(Counties)__ DISTRICT AREA WITHIN DISTRICT NO.___ _(Counties)_ 36. That part of Tulsa County beginning at the intersection of East Apache Street and Yale Avenue; thence South along the center line of North Yale Avenue to East Xyler Street; thence West and South along the center line of Xyler and following the present Tulsa City Limits boundary to East Pine Street; thence East and North along the center line of East Pine Street and following the present City Limits boundary to North Yale Avenue; thence East along the center line of East Pine Street to North Canton Avenue; thence South along the center line of North Canton Avenue to East Newton Street; thence East along the center line of East Newton Street to a point coinciding with a center line of North Darling-ton Avenue if extended (following precinct boundaries) thence South along the center line coinciding with the center-line extension of North Darlington Avenue to the point of intersection of East Independence Street and North Darlington Avenue; thence South along the center line of North Darlington Avenue to East Archer Street; thence East along the center line of East Archer Street to North Hudson Avenue; thence South along the center line of North Hudson Avenue to East Admiral Place; thence West along the center line of East Admiral Place to South Yale Avenue; thence South along the center line of South Yale Avenue to East Twenty-First Street; thence East along the center line of East Twenty-First Street to South Memorial Drive; thence North along the center line of South Memorial Drive to East Nineteenth Street; thence West along the center line of East Nineteenth Street to South Seventy-Seventh East Avenue; thence North along the center line of South Seventy-Seventh East Avenue to East Fifteenth Street; thence East along the center line of East Fifteenth Street to South Gar-nett Road; thence South along the center line of South Garnett Road to East Forty-First Street; thence East along the center line of East Forty-First Street to South One-Hundred-Twenty-Ninth East Avenue; thence South along the center line of South One-Hundred-Twenty-Ninth East Avenue to East Sixty-First Street; thence East along the center line of East Sixty-First Street to the West boundary line of Wagoner County; thence North along the Wagoner County line to the Rogers County line; thence West along the South boundary line of Rogers County to the West boundary line of Rogers County (One-Hundred-Forty-Fifth East Avenue); thence North along the West boundary line of Rogers County to East Pine Street; thence West along the center line of East Pine Street and following in a Westerly and Northerly direction the present Tulsa City Limits line to the intersection of East Apache and North Sheridan Avenue; thence West along the center line of East Apache Street to Yale Avenue, the place of beginning. DISTRICT AREA WITHIN DISTRICT NO._ (Counties*_ 39. That part of Tulsa County beginning at the intersection of East Apache Street and North Yale Avenue; thence South along the center line of North Yale Avenue to East Xyler Street; thence West and South along the center line of Xyler Street and following the present Tulsa City Limits boundary line to East Pine Street; thence East and North along the center line of Pine Street and following the said City Limits boundary line to North Yale Avenue; thence East along the center line of East Pine Street to North Canton Avenue; thence South along the center line of North Canton Avenue to East Newton Street; thence East along the center line of East Newton Street to a point coinciding with a center line of North Darling-ton Avenue if extended (following present precinct boundaries); thence South along the center line coinciding with the center-line extension of North Darlington Avenue to the point of intersection of East Independence Street and North Dar-lington Avenue; thence South along the center line of North Dar-lington Avenue to East Archer Street; thence East along the center line of East Archer Street to North Hudson Avenue; thence South along the center line of North Hudson Avenue to East Admiral Place; thence West along the center line of East Admiral Place to South Yale Avenue; thence South along the center line of South Yale Avenue to East Twenty-First Street; thence West along the center line of East Twenty-First Street to South Harvard Avenue; thence South along the center line of South Harvard Avenue to East Forty-First Street; thence West along the center line of East Forty-First Street to South Lewis Avenue; thence North along the center line of South Lewis Avenue to East Thirty-Eighth Street; thence East along the center line of East Thirty-Eighth Street to South Birmingham Avenue; thence North on South Birmingham Avenue to East Thirty-Sixth Street; thence East along the center line of East Thirty-Sixth Street to South Birmingham Avenue; thence North on South Bir- ‘ mingham Avenue to East Thirty-First Street; thence West on East Thirty-First Street to South Lewis Avenue; thence North on South Lewis Avenue to East Twenty-Fifth Street; thence East along the center line of East Twenty-Fifth Street to South Birmingham Place; thence North along the center line of South Birmingham Place to East Twenty-Third Street; thence East along the center line of East Twenty-Third Street to South Delaware Place; thence North along the center line • of South Delaware Place to the Katy tracks; thence Northwesterly on the Katy tracks to East Twenty-First Street; thence West along the center line of East Twenty-First Street to South Yorktown Avenue; thence North along the center line of South Yorktown Avenue to East Seventeenth Place; thence East along the center line of East Seventeenth Place to South Lewis Avenue; thence North along the center line of South Lewis Avenue to East Newton Street; thence East along the center line of Newton Street to North Atlanta Avenue; thence North along the center line of North Atlanta Avenue to East Pine Street; thence West along East Pine Street to North Lewis Avenue; thence North along the center line of North Lewis Avenue to East Apache Street; thence East along the center line of East Apache Street to Yale Avenue, the place of beginning. AREA WITHIN DISTRICT _(Counties)__ DISTRICT NO._ DISTRICT NO._ AREA WITHIN DISTRICT __(Counties)_ 38. That part of Tulsa County beginning at the intersection of East Twenty-First Street and South Harvard Avenue; thence East along the center line of East Twenty-First Street to South Memorial Drive; thence North along the center line of South Memorial Drive to East Nineteenth Street; thence West along the center line of East Nineteenth Street to South Seventy-Seventh East Avenue; thence North along South Seventy-Seventh East Avenue to East Fifteenth Street; thence East along the center line of East Fifteenth Street to South Gar-nett Road; thence South along the center line of South Garnett Road to East Forty-First Street; thence East along the center line of East Forty-First Street to South One-Hundred-Twenty-Ninth East Avenue; thence South along One-Hundred-Twenty-Ninth East Avenue to East Sixty-First Street; thence East along the center line of East Sixty-First Street to the West boundary line of Wagoner County; thence South along the West boundary line of Wagoner County to One-Hundred-Eighty-First East Avenue; thence West and South along the Tulsa-Wagoner County line to the North boundary of Okmulgee County Line; thence West along the North boundary line of Okmulgee County to South Harvard Avenue; thence Norbh along the center line of South Harvard Avenue to the Arkansas River; thence Northwesterly following the Arkansas River to East One-Hundred-Eleventh Street; thence East along the center line of One-Hundred-Eleventh Street to South Yale Avenue; thence North along South Yale Avenue to East Sixty-First Street; thence West along the center line of East Sixty-First Street to .South Harvard; thence North along the center line of South Harvard Avenue to East Twenty-First Street, the place of beginning. DISTRICT AREA WITHIN DISTRICT ,NO.__ (Counties)_ 37. That part of Tulsa County beginning at the intersection of the North boundary of the Okmulgee County line and South Harvard Avenue; thence North along the center line of South Harvard Avenue to the Arkansas River; thence Northwesterly following the Arkansas River to East One-Hundred-Eleventh Street; thence East along the center line of East One-Hundred-Eleventh Street to South Yale Avenue; thence North along the center line of South Yale Avenue to East Sixty-First Street; thence West along the center line of East Sixty-First Street to South Harvard Avenue; thence North along the center line of Harvard Avenue to East Forty-First Street; thence West along the center line of East Forty-First Street to South Utica Avenue; thence North along the center line of South Utica Avenue to East Thirty-Ninth Street; thence West along the center line of East Thirty-Ninth Street to South Rockford Avenue; thence North along the center line of South Rockford Avenue to East Thirty-Sixth Place; thence West along the center line of East Thirty-Sixth Place to South Quincy Avenue; thence North along the center line of South Quincy Avenue 100 feet; thence due East to South Rockford Avenue; thence North along the center line of South Rockford Avenue to East Thirty-Sixth Street; thence East along the center line of East Thirty-Sixth Street to South Utica Avenue; thence North on South Utica Avenue to East Thirty-Third Street; thence West along the center line of East Thirty-Third Street to the Arkansas River; thence Northerly and Westerly following the Arkansas River to the Tulsa-Osage-Pawnee County intersection; thence West along the South boundary of Pawnee County to the Creek County line; thence South along the Creek-Tulsa County line in a Southerly and Easterly direction to the Okmulgee County line; thence East along the North boundary of Okmulgee County to South Harvard Avenue, the place of beginning. DISTRICT AREA WITHIN DISTRICT NO.__ __(Counties)_ AREA WITHIN DISTRICT _(Counties)_ DISTRICT NO._ DISTRICT NO._ AREA WITHIN DISTRICT _(Counties)_ 40. That part of Oklahoma County beginning at the Northwest corner of Oklahoma County; thence East along the North boundary line of Oklahoma County to the township line between Township 14 North, Range 4 West and Township 14, North, Range 3 West (which township line is also known as May Avenue) ; thence South along the center line of said township line and May Avenue to Northwest One-Hundred-Eighth Street; thence West along the center line of Northwest One-Hundred-Eighth Street to the Lake Hefner property line; thence Southerly along the Lake Hefner property line to its intersection with Britton Road extended West (same being the North line of Section 36, Township 13 North, Range 4 West); thence West along the North section line of Section 36, Township 13 North, Range 4 West to the Northwest corner of said Section 36; thence South along the West line of said Section 36 and the West section line of Section 1, Township 12 North, Range 4 West; thence continuing South along the center line of Portland Avenue to Northwest Thirtieth Street; thence West along the center line of Northwest Thirtieth Street and its Westerly extension to the center line of Section 23, Township 12 North, Range 4 West (which would be a point on the center line of Tulsa Avenue as extended South from Northwest Thirty-Sixth Street); thence South on the center line running North and South through said Section 23 to Northwest- Twenty-Third Street; thence East along the center line of Northwest Twenty-Third Street to Tulsa Avenue; thence Southerly along the center line of Tulsa Avenue to Northwest Twentieth Street; thence East along the center line of Northwest Twentieth Street and its extension due East to Portland Avenue; thence South along the center line of Portland Avenue to Northwest Tenth Street; thence West, along the center line of Northwest. Tenth Street to MacArthur Boulevard; thence South along the center-line of MacArthur Boulevard to* West Reno Avenue; thence West, along the center line of West Reno* Avenue to the West boundary line-of Oklahoma County; thence North, along the West boundary line of Oklahoma County to the Northwest corner of Oklahoma County, being the-point or place of beginning. 41. That part of Oklahoma County beginning at the intersection of Northeast Thirteenth Street and the-railroad tracks of the Atchison, Topeka & Santa Fe Railroad; thence-North along the center line of said railroad tracks to Wilshire Boulevard; thence West along the center-line of Wilshire Bouelvard to Waverly Avenue; thence North along the-center line of Waverly Avenue to the-point at which the presently existing boundary line between Nichols Hills- and Oklahoma City goes West; thence Westerly along said presently-existing boundary line between; Nichols Hills and Oklahoma City to-Pennsylvania Avenue; thence continuing Westerly along the presently existing boundary line between; Nichols Hills and The Village to its-intersection with Greystone; thence-South along the center line of Grey-stone to the point at which the presently existing boundary line between; The Village and Oklahoma City goes West; thence continuing West along said presently existing boundary line to Guilford; thence Northerly along the center line of Guilford to the point at which the presently existing boundary line between The Village and Oklahoma City goes East; thence East along said presently existing boundary line to Wellington; thence North along the-center line of Wellington (the same being the presently existing boundary line between The Village and Oklahoma City) to Britton Road; thence West along the center line of Britton Road and its Westerly extension to the Lake Hefner property line; thence Northerly along the presently existing Lake Hefner property line to Northwest One-Hundred-Eighth Street; thence East along the center line of Northwest One-Hundred-Eighth Street to May Avenue; thence North along the center line of May Avenue and the township line between Township 14 North, Range 3 West and Township 14 North, Range 4 West to the Northern boundary line of Oklahoma County; thence East along the North boundary line of Oklahoma County to the Northeast corner of Oklahoma County; thence South along the East boundary line of Oklahoma County to Northeast Tenth Street; thence West along the center line of Northeast Tenth Street to Choctaw Road; thence North along the center line of Choctaw Road to Northeast Fiftieth Street; thence East along the center line of Northeast Fiftieth Street to the half-section line running North to South through Section 12, Township 12 North, Range 1 West; thence North along said half-section line to the half-section line which runs East to West through said Sections 11 and 12, Township 12 North, Range 1 West; thence West along said half-section line to the half-section line which runs North to South in Section 11, Township 12 North, Range 1 West; thence South along said half-section line to Northeast Fiftieth Street; thence West along the center line of Northeast Fiftieth Street to the point where the present western boundary line of Jones City Precinct 1 goes North; thence North along said boundary to Northeast Sixty-Third Street; thence West along the center line of Northeast Sixty-Third Street to Hiwassee Road; thence North along the center line of Hiwassee Road to Northeast Seventy-Eighth Street; thence West along the center line of Northeast Seventy-Eighth Street (which is also known as Wilshire) to the point of intersection with Bryant Avenue; thence South along the center line of Bryant Avenue to Northeast Thirty-Sixth Street; thence West along the center line of Northeast Thirty-Sixth Street to Kelley Avenue; thence South along the center line of Kelley Avenue to Northeast Thirteenth Street; thence West along the center line of Northeast Thirteenth Street to the intersection of Northeast Thirteenth Street and the railroad tracks of the Atchison, Topeka & Santa Fe Railroad, being the point or place of beginning. DISTRICT AREA WITHIN DISTRICT NO._ _(Counties)_ DISTRICT AREA WITHIN DISTRICT NO._ _(Counties)_ 42. That part of Oklahoma County beginning at the intersection of the South boundary line of Oklahoma County and Sunnylane Road; thence North along the center line of Sunnylane Road to Southeast Forty-Fourth Street; thence East along the center line of Southeast Forty-Fourth Street to Sooner Road; thence North along the center line of Sooner Road to Northeast Tenth Street; thence West along the center line of Northeast Tenth Street to the railroad tracks of the St. Louis and San Francisco Railroad; thence Northeasterly along the center line of said railroad tracks to Sooner Road; thence North along the center line of Sooner Road to Northeast Twenty-Third Street; thence East along the center line of Northeast Twenty-Third Street to the railroad tracks of the St. Louis and San Francisco Railroad; thence Northeasterly along the center line of said railroad tracks to Northeast Thirty-Sixth Street; thence East along the center line of Northeast Thirty-Sixth Street to the intersection with a line extending North from the presently existing West boundary line of the County Home & Hospital; thence due South on said line and continuing along the presently existing West boundary line of the County Home & Hospital to Northeast Twenty-Third Street; thence East along the center line of Northeast Twenty-Third Street to Westminster; thence North along the center line of Westminster to Northeast Thirty-Sixth .Street; thence East along the center line of Northeast Thirty-Sixth ■Street to the point where the presently existing boundary of Choctaw City Precinct 1 goes North; thence North along said boundary to the point where the presently existing boundary of Choctaw City Precinct 1 goes East; thence East along said boundary to Henney Road; thence North along the center line of Hen-ney Road to Northeast Fiftieth .Street; thence East along the center line of Northeast Fiftieth Street to the half-section line which runs in a North-South direction through Section 11, Township 12 North, Range 1 West; thence North along said half-section line to the half-section line which runs West to East through Sections 11 and 12, Township 12 North, Range 1 West; thence East along said half-section line to the half-section line which runs North to South through Section 12, Township 12 North, Range 1 West; thence South along said balf-section line to Northeast Fifti•eth Street; thence West along the ■center line of Northeast Fiftieth Street to Choctaw Road; thence :South along the center line of Choctaw Road to Northeast Tenth Street; thence East along the center line of Northeast Tenth Street to the East boundary line of Oklahoma County, thence South along the East boundary line of Oklahoma County to the South boundary line of Oklahoma County; thence West along the South boundary line of Oklahoma County to Sunnylane Road, being the point or place of beginning. AREA WITHIN DISTRICT _(Counties)__ DISTRICT NO._ DISTRICT AREA WITHIN DISTRICT NO._ _(Counties)__ 43. That part of Oklahoma County beginning at the intersection of the South boundary line of Oklahoma County and Sunnylane Road; thence North along the center line of Sun-nylane Road to Southeast Forty-Fourth Street; thence East along the center line of Southeast Forty-Fourth Street to Sooner Road; thence North along the center line ' of Sooner Road to Northeast Tenth Street; thence West along the center line of Northeast Tenth Street to Sunnylane Road; thence South along the center line of Sunnylane Road (for a distance of approximately one-tenth of one mile) to the presently existing boundary line between Del City and Oklahoma City; thence meandering Southwesterly along the presently existing boundary line between Del City and Oklahoma City to .Bryant; thence South along the center line of Bryant to Reno Avenue; thence West along the center line of Reno Avenue to the North Canadian River; thence Southwesterly meandering along the center line of the North Canadian River to the railroad tracks of the Atchison, Topeka & Santa Fe Railroad; thence South along the cen