Full opinion text
DECKER, District Judge. This is the latest chapter in the quest to apportion Illinois’ twenty-four Congressional districts so that they comply with the constitutional mandate of one man one vote. Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964) . In 1961 the Illinois General Assembly established districts on the basis of population figures derived from the 1960 decennial census. Ill.Rev.Stat. ch. 46, § 156f.1. The sizes of the districts varied substantially, the largest having a population almost twice as great as the smallest. The population disparity in the 1961 map was challenged in the state court, and in People ex rel. Scott v. Kerner, 32 Ill.2d 539, 208 N.E.2d 561 (1965) , it was held unconstitutional. Jurisdiction was retained in order to oversee the drawing of a provisional map for the 1966 Congressional election which complied with the Constitution. At the time the state court declared the 1961 map unconstitutional, there was pending in this court, before the same panel of three judges as is now convened, a suit to compel the reapportionment of Illinois’ Congressional districts. With the aid of the parties to the litigation, this court adopted a provisional map which was to be used for the elections beginning in 1966. Kirby v. Illinois State Electoral Board, 251 F.Supp. 908 (N.D.Ill.1965). The Illinois Supreme Court gave its approval to that plan. People ex rel. Scott v. Kerner, 33 Ill.2d 460, 211 N.E.2d 736 (1965). It was drawn up largely on the basis of the 1961 map, the court using the existing twenty-four districts as a nucleus, and then modifying district lines to comply as nearly as practicable with the constitutional requirement of numerical equality. The result was a plan in which the population of the largest district was 7.5 per cent above the average district, and the smallest district was 6.1 per cent below the average district. Following the 1969 Supreme Court decisions in two Congressional reapportionment cases, Kirkpatrick v. Preisler, 394 U.S. 526, 89 S.Ct. 1225, 22 L.Ed.2d 519 (1969), and Wells v. Rockefeller, 394 U.S. 542, 89 S.Ct. 1234, 22 L.Ed.2d 535 (1969), plaintiffs Sherman H. Skolnick and Harriet Sherman filed the present lawsuit to test the constitutionality of the 1965 plan. The case was heard by the same three-judge panel which participated in the Kirby case. After considering the 1965 plan in relation to the requirement of mathematical exactness as set out in Kirkpatrick and Wells, the court held that it was unconstitutional. Skolnick v. Illinois State Electoral Board, 307 F.Supp. 698 (N.D.Ill.1969) (per curiam). The court permitted the 1970 Congressional election to proceed under the 1965 plan. Looking forward to the 1972 election, it issued the following order: “This court assumes that the General Assembly of Illinois will, during its legislative session in the first half of 1971, enact a complete and constitutionally valid plan of reapportionment for election of Members to the United States House of Representatives from Illinois. Defendant is hereby ordered to present to this court on or before July 1, 1971 such duly enacted plan of reapportionment. Upon failure so to do this court shall undertake appropriate relief.” 307 F.Supp. at 700. However, a new map was never adopted by the Assembly. Representative Edward Madigan, the Chairman of the House Committee on Reapportionment, testified that a map drawn up for his committee was approved by the House of Representatives on June 28, 1971, by the margin of 148-1. The Senate adjourned on June 30, 1971, however, without taking any final action on the House-approved bill. Because the legislature failed to adopt its own map, it fell upon this court to effect a constitutionally-aeeeptable reapportionment scheme. Plaintiffs Skolnick and Sherman, appearing pro se, submitted a proposed map to the court for its consideration. Defendant Illinois State Electoral Board had no map of its own, since the legislature had not adopted one. Therefore, upon the invitation of the court, interested parties were permitted to intervene and submit proposed maps. One party was the Illinois Congressional Delegation, representing the twenty-four incumbent members of Congress from the State of Illinois. Another map was presented by Mr. Aram A. Hartunian, appearing pro se. The final intervening group was comprised of Representatives W. Robert Blair, Henry J. Hyde and Edward R. Madigan of the Illinois General Assembly. Their map was, with one minor exception, the same as the one passed by the Illinois House and introduced into the Senate earlier this year. The court considered only the maps submitted by plaintiffs and the above-mentioned intervenors. However, it permitted other interested parties to file observations and suggestions with regard to the four proposed plans. It received such suggestions from the Illinois Republican State Central Committee and the Republican Central Committee of Cook County, from the Illinois Democratic State Central Committee and the Democratic Central Committee of Cook County, and from the Democratic Chairmen of the 22nd Congressional District. Finally, the court received the comments of Mr. J ames Chapman, representing the Chicago Bar Association, the Amicus Curiae. Mr. Chapman’s comments did not receive the prior approval of the Chicago Bar Association, thus they are to be considered as his personal remarks only. A hearing was conducted in this matter on September 2 and 3, 1971. On the first day, the four map proponents presented evidence and made arguments in support of their respective plans. On the second day, the defendant, the amicus, and the intervenors who did not submit maps were permitted to offer their arguments in support of and in opposition to the four maps. By the end of the hearing it had become clear that each of the four maps presented population districts which were substantially equal, and that the variations in district boundaries were explainable by the fact that each map-maker had taken certain nonpopulation factors into account in drawing up his map. In one of the most recent cases on the subject of Congressional reapportionment, Kirkpatrick v. Preisler, 394 U.S. 526, 89 S.Ct. 1225, 22 L.Ed.2d 519 (1969), the court rejected the notion that there was a percentage population variance which could be considered de minimus. In order to justify any population variance, no matter how small, the court required the proponent of a particular map to demonstrate either that the variances were unavoidable despite a good-faith effort to achieve absolute equality, or that there was some factor which justified the variances. It became evident at the hearing that the primary factor influencing each map-maker in drawing up his respective map was equality of population. In no case did any of the proposed districts vary more than one per cent above or below the mathematical average of 463,082 inhabitants. Other factors were clearly secondary. By coming within one percentage point of the mathematical average, each of the four clearly made a good-faith effort to avoid any variance and therefore complied with Kirkpatrick. Obviously, no map can achieve absolute mathematical perfection. Changes have already occurred since the taking of the census by reason of births, deaths, and population mobility. However, within the context of the figures supplied by the Bureau of the Census, the variances in each plan are so small that the only way to distinguish among them is to consider what non-population factors went into the drawing of each. Plaintiff Skolnick and his expert witness testified that the only considerations other than population which governed the drawing of his map were that the districts be compact and contiguous. However, there is no requirement of contiguity and compactness imposed by federal law. See Wood v. Broom, 287 U.S. 1, 53 S.Ct. 1, 77 L.Ed. 131 (1932); Preisler v. Secretary of State of Missouri, 257 F.Supp. 953, 955, n. 2 (W. D.Mo.1966), aff’d per curiam, 385 U.S. 450, 87 S.Ct. 613,17 L.Ed.2d 511 (1967); Meeks v. Avery, 251 F.Supp. 245, 250 (D.Kans.1966); Park v. Faubus, 238 F.Supp. 62, 65, n. 2 (E.D.Ark.1965); Clark v. Carter, 218 F.Supp. 448, 449 (E.D.Ky.1963). The shortcoming of plaintiffs’ map is that it ignores traditional boundaries of political subdivisions for the sole purpose of drawing compact, contiguous districts. Certainly compactness and contiguity are desirable features. Indeed, all four maps have districts which are compact and contiguous. However, they are not required by the Constitution, and to ignore effective representation for the sake of district symmetry is not proper. There are values to be preserved in drawing districts which in some way attempt to follow boundaries of cities, townships, counties, etc. It became apparent upon cross-examination of plaintiffs’ expert that, at least in Cook County, some effort was made to observe traditional boundaries of political subdivisions. However, plaintiffs’ too rigid alherence to the boundaries of census tracts, without regard to traditional political boundaries, requires that their proposed map be rejected. The Hartunian map is concerned primarily with one non-population factor, the encouragement of closely-contested, or “swing” districts. Mr. Hartunian has devised a map based largely upon vote results in the 1968 and 1970 Congressional elections. The districts have been drawn so that seventeen are “safe” districts, i. e. districts which will almost certainly elect a Democrat (seven) or a Republican (ten). The remaining seven districts are represented as having been drawn so that neither of the two major parties would enjoy a predictable majority. In these seven districts it was hoped that the bloc of independent voters would, according to the political climate, sway the election for one party or the other. Implicit in the Hartunian plan is an aversion for “safe” Congressional seats. The proponent of the map has argued that there is no place in a reapportionment scheme for the protection of incumbents from vigorous contests for reelection. However, the fact that a given plan may minimize the number of close contests in a Congressional election does not of itself invalidate that plan. See Ely v. Klahr, 403 U.S. 108, 112, n. 5, 91 S.Ct. 1803, 29 L.Ed.2d 352 (1971); Burns v. Richardson, 384 U.S. 73, 89, n. 16, 86 S.Ct. 1286, 16 L.Ed.2d 376 (1966); contra, League of Nebraska Municipalities v. Marsh, 242 F.Supp. 357, 360 (D.Neb.1965), appeal dismissed, 382 U.S. 1021, 86 S.Ct. 642, 15 L.Ed.2d 537 (1966). No authority has been cited to the effect that partisan balance is required in each district when devising a map. Indeed, the Hartunian map invites the court to speculate on the outcome of future elections in Illinois’ twenty-four Congressional districts, based upon voting figures from the last two elections. While Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), and its progeny thrust the court into the “political thicket” of reapportionment, it did not to our knowledge invite the court to become a prognosticator of election results. Given the vagaries of electoral politics, and given the imperfect data available for predicting the outcome of elections, it would be unwise for the court to establish as a criterion for Congressional redistricting the establishment of politically-balanced districts. Therefore, the Hartunian map must be rejected. The map of the Illinois Congressional Delegation was, as its name suggests, drawn up by the twenty-four member's of Congress from Illinois. The Delegation’s map was first introduced as a reapportionment bill in the Illinois House of Representatives, where it was voted down by the Committee on Reapportionment. The primary non-population factor taken into account in drawing the Delegation map was the so-called “core” principle, namely the conscious adherence to previous district boundaries, with concessions made to pre-existing boundaries only when population changes so require. The argument advanced in support of the core principle is that the court in applying the principle is required to involve itself as little as possible in the “political” task of reapportionment: it merely takes the existing map as it finds it and alters a few boundary lines to accommodate population changes. To the extent the core of the 1965 Congressional map was changed to create the proposed Delegation map, that change was effected by the incumbent congressmen who revamped the boundaries of the districts and then submitted the map to the Delegation's expert, Dr. Godwin, for his comparison with 1970 census data. Of course, there was no evidence introduced of the drafter’s drawing up district boundaries to solidify their own partisan electoral support. And, as indicated in regard to the Hartunian map, there appears to be no constitutional infirmity in drawing an otherwise valid map which protects incumbents. Nevertheless, there are compelling reasons why the core principle should not be accorded the status of the primary and controlling non-population factor which must dictate our choice in this matter. The core of the existing Congressional map, the one used in the last election, is almost certainly outmoded at this date. As Dr. Godwin testified, the 1965 provisional map was based upon the 1961 map originally drawn up by the legislature. The 1961 map was held unconstitutional in People ex rel. Scott v. Kerner, supra, because of the great population variance among the districts. In drawing up the 1965 map, which was only provisional, the court took the nucleus of the 1961 map, but changed it considerably to bring the districts more into equality of size. In turn, however, new Supreme Court law rendered even the 1965 plan unconstitutional, again because of the population variance among districts. Skolnick v. Illinois State Electoral Board, supra. Under these circumstances, it is difficult to imagine any justification for using the existing core as a starting point for a new map. The core was originally drawn ten years ago, based upon the 1960 census. It was held unconstitutional, redrawn provisionally, and again held unconstitutional. It is sophistry to claim now that the core is a creation of the state legislature which should be changed slightly but preserved in its essence. It has been changed once, considerably, by this court, and it would be changed considerably again if the Delegation map were adopted, so that it can in no way properly be called the “legislature’s” map. Most important, the 1970 census figures are now available. They indicate significant population changes over the past decade. For instance, the City of Chicago declined in population by 5.2 per cent during the last ten years. More dramatically, during the same period suburban Cook County increased in population by 34.5 per cent. The changes suggest not only a shift of population from the city to its surrounding suburbs, but also an influx of people to the suburbs from outside Cook County. Under these circumstances, there is little justification for adhering to the core of a map drawn up using outmoded census figures. The core principle may have been followed in a rough way in drawing up the 1965 provisional map, when the 1960 census figures were the only ones available. Now, however, the 1970 census figures are available, and there is no compelling reason to apply them to the 1961-1965 core. We are not persuaded by the rationale of the dissent of our distinguished colleague Senior District Judge Campbell. We perceive nothing in our previous rulings which affords a basis for his premise that our jurisdiction in this matter is limited to arriving at a reapportionment plan based on outmoded cores. Nor, in our order inviting interested parties to submit reapportionment proposals, did we require the proposals to begin with the 1965 core. The order of July 13, 1971, was unqualified, and Judge Campbell’s assertion that the parties were invited “to validate our provisional plan” can only represent his personal interpretation of the meaning of our order. Judge Campbell, apparently relying on his long experience, has attempted to predict the political consequences of the acceptance of the Blair proposal. We suggest that any shift of the boundary lines of existing districts in order to equalize population is bound to have some political consequences. This is true whether the lines are shifted wittingly by incumbent congressmen for the purpose of protecting their seats or unwittingly for the sole purpose of achieving a compact district. We prefer not to indulge in any judicial speculation as to the future voting patterns in any particular district, new or old. Political prognostication is a dangerous and futile exercise. Despite the eloquent plea made by our brother Campbell, we find the Illinois Congressional Delegation map to be unacceptable. The Blair map was drawn up by a political scientist and an urban planning firm retained by the Illinois House Committee on Reapportionment. The main non-population factor taken into account in drawing up the Blair map was the recognition of the existence of metropolitan communities and existing county lines. Maryland Citizens Committee for Fair Congressional Redistricting, Inc. v. Tawes, 253 F.Supp. 731, 735 (D.Md.), aff’d sub now,., Alton v. Tawes, 384 U.S. 315, 86 S.Ct. 1590, 16 L.Ed.2d 586 (1966) (per curiam). For instance, seven out of the eight Chicago districts are wholly contained within the city limits, and three out of the four suburban Cook County Districts are located outside the city but within the county. Only one district, the Third, overlaps between the city and the suburbs. Downstate, the boundaries of the remaining twelve districts follow, wherever possible, county lines. It is clear that the Blair map is a good-faith effort to adhere to existing communities of interest and existing political boundaries. Representative Madigan testified that his map did not take into account the residence of incumbent Congressmen. He also testified that the drafters of the Blair map were not instructed to take into account the compactness and contiguity of the districts. However, even a cursory examination of the Blair map shows that the twenty-four districts are substantially compact and contiguous. The unaesthetic appearance of certain boundaries does not detract from the fact that equality of population has been substantially achieved. Kirkpatrick v. Preisler, 394 U.S. 526, at 536, 89 S.Ct. 1225, 22 L.Ed.2d 519 (1969). Moreover, the map did get the overwhelming approval of one house of the legislature. It would be unwise to attempt to guess the fate of the map in the upper house, had it been brought to a vote. However, the approval of the bill in the state House of Representatives is at least probative of the fact that the Blair map had substantial bipartisan support among certain legislators. The largest district on the Blair map has only 6930 more inhabitants than the smallest district. The two districts at the extremes deviate only three-quarters of a per cent from the numerical average. Thus, it is clear that the primary consideration, equality of districts, was sufficiently achieved. Moreover, it was achieved without substantially impairing recognized political boundaries and communities of interest. It has been suggested, particularly by the Democratic Chairmen of the 22nd Congressional District, that the court take it upon itself to alter the boundaries of one or more districts in order to include or exclude certain political subdivisions. This the court refuses to do. Perhaps the Blair map could be improved upon, making the districts more congruous as to some political subdivision boundaries. However, in this instance, it would not be a proper judicial task to undertake. The districts in the Blair map are already so near to being equal in population that it would serve no useful purpose to further refine them. Moreover, the drafters of the Blair map followed, as nearly as possible, existing political boundaries, and it would be unwise for the court merely to substitute its choice of different political boundaries. Therefore, the Blair map will be accepted without judicial modification. For all the foregoing reasons, the Blair-Hyde-Madigan plan of reapportionment, as set out in Appendix 2 and Appendix 3, is found to meet all federal constitutional requirements and is hereby approved and declared to be the Congressional map for the State of Illinois, beginning with the 1972 election to the United States House of Representatives and continuing thereafter until Illinois Congressional districts are reapportioned in accordance with law. Judgment Order The foregoing memorandum opinion is hereby adopted as our findings of fact and conclusions of law. It is therefore ordered that the reapportionment plan as set out in Appendix 2 and Appendix 3 attached to our memorandum opinion be, and the same is, declared to meet all federal constitutional requirements; and it is further ordered that said plan of reapportionment govern the nomination and election of members of the House of Representatives of the United States Congress beginning with the 1972 primary and election and continuing thereafter until Illinois Congressional districts are reapportioned in accordance with law. It is further ordered that the defendant, State Electoral Board of Illinois, in the performance of its duties and functions under the Illinois election laws, be governed by and comply with said plan of reapportionment accordingly. APPENDIX 1 POPULATION DATA FOR TWENTY-FOUR CONGRESSIONAL DISTRICTS District Population % Deviation From Ideal 1 462,434 -.13% 2 464,792 +.36% 3 461,346 -.37% 4 464,446 +.29% 5 459,731 -.72% 6 464,763 +.36% 7 464,269 +.25% 8 462,076 -21% 9 463,791 +.01% 10 462.121 -.20% 11 461.084 -.43% 12 461,054 -.43% 13 463,096 +.00%' 14 465,029 +.42% 15 462,969 -.02% 16 461,719 -.29% 17 462,943 -.03% 18 463,155 +.00% 19 462.085 -.21% 20 463,551 +.01%- 21 464,693 +.34%- 22 464.121 +.22% 23 462,960 -.02% 24 465,017 +.42% APPENDIX 2 LEGAL DESCRIPTIONS FOR TWENTY-FOUR CONGRESSIONAL DISTRICTS District No. 1 shall be comprised of all of Census Tracts 4212, 4208, 4209, 6906, 4303, 4304, 6907, 6908, 6905, 4310, 4501, 6915, 6914, 4402, 4401, 4502, 4407, 4409, 4904, 4701, 4802, 4803, 5001, 4905, 4908, 4906, 7301, 4902, 4903, 7115, 4901, 4405, 4406, 7109, 4404, 4403, 6913, 6912, 7101, 6910, 6911, 6813, 6904, 6903, 6909, 4408, 4306, 4305, 4301, 4302, 4211, 4210, 4201, 4202, 4203, 4204, 4205, 4206, 4207, 4111, 4110, 4112, 4113, 4114, 4101, 4102, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 39.01, 3902, 3903, 3904, 3905, 3906, 3907, 3604, 3601, 3602, 3603, 3605, 3801, 3511, 3510, 3512, 3513, 3514, 4309, 3804, 3805, 3803, 3807, 3808, 3809, 3810, 3811, 3815, 3814, 3813, 3812, 4001, 4003, 3806, 3816, 3817, 4002, 3820, 3819, 3818, and 3802 in the City of Chicago in Cook County.- District No. 2 shall be comprised of all of Census Tracts 7113, 7201, 7203, 7303, 7202, 7304, 7306, 7307, 7207, 7206, 7505, 7502, 7501, 7506, 5302, 5303, 5304, 4912, 4913, 4911, 4909, 4914, 5305, 4910, 7305, 4907, 6715, 7302, 5202, 5203, 5204, 5205, 5206, 5501, 5502, 5104, 5105, 5102, 5103, 5101, 5201, 4805, 4804, 4606, 4607, 4608, 4609, 4610, 4601, 4602, 4603, 4604, 4314, 4315, 5401, 5003, 5002, 4313, 4307, 4308, 4312, 4605, 4503, 4801, 4311, 5306, 5301, 7114, 7110, 7111, 7112, 7105, 7106, 7107, 7108, 7104, 7103, 7102, 6720, 6719, 6601, 6718, 6814, 6716, 6717, 6714, 6713, 6712, 6711, 6708, 6707, 6705, 6306, 6704, 6705, 6703, 6702, and 6602 in the City of Chicago in Cook County. District No. 3 shall be comprised of all of the Townships of Thornton and Calumet in Cook County; and all of Census Tracts 7204, 7205, 7401, 7402, 7403, 7404, 7503, 7504, 7003, 7004, 7002, 7001, 6505, 6504, 6611, 6610, 6609, 6503, 6605, 6608, 7005, 6607, and 6606 in the City of Chicago in Cook County; and all of Worth Township in Cook County, except the Villages of Chicago Ridge, Worth, Crestwood, and Bridgeview, and the City of Palos Heights. District No. 4 shall be comprised of all of the Townships of Lyons, Palos, Lemont, Orland, Bremen, Rich, and Stickney in Cook County; and all of the Villages of Bridgeview, Chicago Ridge, Worth and Crestwood in Worth Township in Cook County; and the City of Palos Heights in Worth Township in Cook County; and the part of the Village of Homewood that is in Bloom Township in Cook County; and the part of the Village of Flossmoor that is in Bloom Township in Cook County; and all of Census Tracts 8190, 8189, 8188, 8187, 8186, 8185, 8180, 8184, 8181, 8182, 8179, 8183, 8169; and Block Groups 4 and 5 in Census Tract 8171; and all of Census Tract 8168 in Proviso1 Township in Cook County. District No. 5 shall be comprised of all of Census Tracts 4007, 4008, 6901, 4006, 6902, 6809, 6812, 6811, 6810, 6710, 6709, 6806, 6807, 6808, 6802, 6801, 4004, 4005, 5610, 5611, 5612, 5613, 6203, 6204, 6309, 6404, 6403, 6402, 6401, 6502, 6501, 6604, 6603, 6405, 6406, 6407, 6408, 5609, 5608, 5607, 5602, 5603, 5604, 5605, 5606, 5703, 5704, 5705, 6201, 5810, 6303, 5811, 6302, 6304, 6305, 6115, 6301, 6116, 6001, 6002, 6003, 6004, 6005, 6006, 6007, 6008, 6009, 6010, 6011, 6012, 6013, 6014, 6015, 6016, 6101, 6102, 6103, 6104, 6105, 6106, 6107, 6108, 6109, 6110, 6111, 6112, 6113, 6114, 6119, 6120, 6121, 6122, 6803, 6804, 6805, 6701, 5901, 5902, 5903, 5904, 5905, 5906, 5907, 3704, 3703, 3702, 3701, 3406, 3405, 3404, 3403, 3515, 3505, 3506, 3507, 5801, 5805, 5806, 5807, 5808, 5701, 5702, 5601, 5802, 5803, 5804, 5809, 6118, 6117, 3020, 3018, 3017, 3016, 3007, 3503, 3504, 3508, 3502, 3501, 3509, 6202, 6307, 6308, and 3019 in the City of Chicago in Cook County. District No. 6 shall be comprised of all of the Townships of Leyden, River Forest, Oak Park, Cicero, Berwyn, Riverside, and Norwood Park in Cook County; and all of Census Tract 7606 in the City of Chicago in Cook County; and all of Census Tracts 8401, 8402, and 7701 in Addison Township in Du-Page County; and all of Proviso Township in Cook County except for Census Tracts 8190, 8189, 8188, 8187, 8186, 8185, 8180, 8184, 8181, 8182, 8179, 8183, 8169, 8168, and Block Groups 4 and 5 in Census Tract 8171. District No. 7 shall be comprised of all of Census Tracts 2419, 2420, 2421, 2422, 2423, 2424, 2425, 2434, 2433, 2432, 2431, 2430, 2429, 812, 2428, 2803, 2804, 2805, 2806, 2807, 2808, 2809, 2810, 2811, 2812, 2813, 2814, 2815, 2816, 2817, 2701, 2702, 2707, 2708, 2828, 2829, 2830, 2831, 2832, 2833, 2834, 2835, 2836, 2837, 2838, 2839, 2840, 2841, 2842, 3301, 3302, 3303, 3304, 3305, 3401, 3402, 3101, 3102, 3103, 3104, 3105, 3106, 3107, 3108, 3109, 3110, 3111, 2709, 2710, 2317, 2316, 2315, 2601, 2704, 2703, 2818, 2706, 2711, 2712, 2713, 2714, 2608, 2705, 2418, 2435, 2436, 2801, 2802, 2410, 2426, 2715, 2820, 2821, 2822, 2823, 2824, 2825, 2826, 2827, 3112, 3113, 3114, 3115, 3001, 3002, 3003, 3010, 3011, 3012, 3013, 3014, 3009, 2901, 2902, 2903, 2719, 2819, 2718, 2717, 2716, 2904, 2913, 2914, 2915, 2843, 2916, 2917, 2918, 2919, 3008, 3015, 2905, 2912, 3206, 3205, 3204, 3203, 3202, 3201, 807, 808, 819, 809, 818, 817, 815, 813, 814, 816, 3006, 3005, 2925, 2924, 2923, 2927, 2926, 2909, 2921, 2922, 2910, 2911, 2906, 2920, 3004, 2609, 2907; and Block Group 2 of Census Tract 2412, in the City of Chicago in Cook County. District No. 8 shall be comprised of all of Census Tracts 806K 703, 704, 705, 707, 708, 709, 710, 711, 719, 720, 2401, 2402, 2403, 2220, 2413, 2415, 2416, 2219, 2217, 2218, 2221, 2414, 2417, 2518, 2515, 2519, 2520, 2521, 2522, 2523, 2524, 2602, 2603, 2604, 2607, 2606, 2605, 2908, 2610, 2305, 2304, 2229, 2006, 2005, 1910, 2004, 2209, 2302, 2227, 2211, 2212, 2226, 2303, 2301, 2408, 2225, 2213, 2214, 2215, 2216, 2204, 2203, 2201, 2003, 2208, 2002, 2207, 2206, 2205; and Block Group 1 of Census Tract 2412; and all of Census Tracts 2411, 2210, 1709, 1801, 1802, 1803, 2228, 2224, 1904, 1905, 1906, 1907, 2407, 1911, 1912, 1913, 1914, 2501, 2502, 2503, 2504, 2505, 2506, 2507, 2508, 2509, 2510, 2511, 2512, 2513, 2306, 2307, 2308, 2309, 2310, 2311, 2312, 2313, 2314, 2318, 2514, 712, 2516, 2517, 2409, 2427, 2223, 2222, 2406, 2405, and 2404 in the City of Chicago in Cook County. District No. 9 shall be comprised of all of Census Tracts 101, 102, 103, 104, 105, 106, 107, 108, 109, 301, 302, 303, 304, 305, 306, 307, 308, 309, 201, 202, 203, 204, 205, and 206; and Block Groups 1 and 6 in Census Tract 207; and all of Census Tracts 209, 401, 404, 405, 406, 513, 514, 515, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 313, 314, 315, 316, 317, 318, 319, 320, 321, 310, 311, 312, 634, 633, 702, 718, 805, 713, 716, 717, 804, 810, 803, 715, 714, 701, 802, 801, 811, 706, 409, 410, and 501 in the City of Chicago in Cook County. District No. 10 shall be comprised of all of the Townships of Evanston, New Trier, Northfield, Maine, and Niles in Cook County. District No. 11 shall be comprised of all of Census Tracts 901, 902, 903, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1201, 1202, 1203, 1204, 1101, 1102, 1103, 1104, 1105, 1302, 1502, 1503, 1504, 1505, 1506, 1512, 1701, 1702, 1703, 1704, 1705, 1706, 1707, 1708, 1711, 1710, 7601, 7603, 7604, 7605, 7602, 1408, 1603, 1604, 1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 2102, 2103, 2104, 2105, 2106, 2001, 1405, 1406, 1407, 1402, 1403, 1602, 1509, 1901, 1510, 1601, 1404, 1501, 1508, 1507, and 1909; and Block Groups 2, 3, 4, and 5 in Census Tract 207; and all of Census Tracts 208, 402, 403, 407, 408, 502, 503, 504, 505, 1511, 1903, 506, 507, 508, 509, 510, 511, 512, 2101, 2107, 2108, 2202, 1902, 1908, 1401, 1304, 1301, 1303, 1305, and 2109 in the City of Chicago in Cook County. District No. 12 shall be comprised of all of the Townships of Wheeling, Elk Grove, Palatine, Schaumburg, Hanover, and Barrington in Cook County; and all of the Townships of Ela, Vernon, Deer-field, West Deerfield, and Libertyville in Lake County. District No. 13 shall be comprised of all of the Townships of Marengo, Riley, Coral, Dorr, Grafton, Nunda, and Algonquin in McHenry County; and all of Lake County, except the townships of Ela, Vernon, Deerfield, West Deerfield, and Libertyville; and all of Kane County, except the Townships of Aurora, Sugar Grove, Big Rock, Batavia, and Geneva. District No. 14 shall be comprised of all of DuPage County, except Census Tracts 8401, 8402, and 7701 in Addison Township. District No. 15 shall be comprised of all of the Counties of Ford, Livingston, LaSalle, Grundy, Kendall, DeKalb, Wood-ford, Marshall, and Putnam; and all of the Townships of Aurora, Sugar Grove, Big Rock, Batavia, and Geneva in Kane County. District No. 16 shall be comprised of all of the Counties of Boone, Winnebago, Stephenson, Ogle, and Jo Daviess; and all of Lee County, except the Townships of Palmyra, Nelson, South Dixon, Harmon, Marion, Hamilton, and East Grove; and all of McHenry County, except the Townships of Marengo, Riley, Coral, Dorr, Grafton, Nunda, and Algonquin. District No. 17 shall be comprised of all of the Counties of Will, Kankakee, and Iroquois; and all of Bloom Township, except the Villages of Homewood and Flossmoor in Cook County. District No. 18 shall be comprised of all of the Counties of Stark, Peoria, Knox, Mason, Tazewell, Cass, Schuyler, and Brown; and all of Bureau County, except the Townships of Fairfield, Greenville, Gold, and Manilus. District No. 19 shall be comprised of all of the Counties of Hancock, McDonough, Henderson, Warren, Mercer, Rock Island, Fulton, Henry, Whiteside, and Carroll; and all of the Townships of Fairfield, Greenville, Gold, and Manilus in Bureau County; and all of the Townships of Palmyra, Nelson, South Dixon, Harmon, Marion, Hamilton, East Grove in Lee County; and all of the Townships of Lima, Mendon, and Ursa in Adams County. District No. 20 shall be comprised of all of the Counties of Macoupin, Jersey, Calhoun, Greene, Pike, Scott, Morgan, and Sangamon; and all of Adams County, except the Townships of Lima, Men-don, and Ursa; and all of Madison County, except the Townships of Wood River, Fort Russell, Chouteau, Edwardsville, Granite City, Venice, Nameoki, Collins-ville, Jarvis, St. Jacob, and Helvetia; and all of Montgomery County, except the Townships of Audubon, Nokomis, Witt, Filmore, South Filmore, East Ford, Grisham and Hillsboro. District No. 21 shall be comprised of all of the Counties of Champaign, Piatt, McLean, DeWitt, Logan, and Menard; and all of Macon County, except the Townships of Mount Zion, and Milan. District No. 22 shall be comprised of all of the Counties of Vermillion, Edgar, Clark, Douglas, Moultrie, Christian, Shelby, Coles, Cumberland, Effingham, Jasper, Crawford, Clay, Richland, Lawrence, Fayette, Wayne, Edwards, and Wabash; and all of the Townships of Mount Zion, and Milan in Macon County, and all of the Townships of Audubon, Nokomis, Witt, Filmore, South Filmore, East Fork, Grisham, and Hillsboro in Montgomery County. District No. 23 shall be comprised of all of St. Clair County; and all of the Townships of Wood River, Fort Russell, Chouteau, Edwardsville, Granite City, Venice, Nameoki, Collinsville, Jarvis, St. Jacob, and Helvetia in Madison County. District No. 24 shall be comprised of all of the Counties of Alexander, Pulaski, Massac, Union, Johnson, Pope, Hardin, Jackson, Williamson, Saline, Gallatin, Randolph, Perry, Franklin, Hamilton, White, Jefferson, Washington, Monroe, Marion, Clinton, and Bond. The terms “census tract”, “enumeration district” and “block group” used herein are those terms as defined by the 1970 Population Census. APPENDIX 3 CHICAGO CITY part 3 MAP OF "CHICAGO" CONGRESSIONAL DISTRICTS CA45093 State Senator Cecil Partee attempted to submit a map as an exhibit to his comments and suggestions. However, his map was successfully objected to as not properly submitted, hence it was not before the court for its consideration. . Within the less than one per cent variance, we specifically find that the order of deviation ranks as follows, from smallest to largest: 1. Skolnick-Sherman. 2. Illinois Congressional Deleg. 3. Blair-Hyde. 4. Hartunian. . Or, to paraphrase a comment made by counsel for defendant, the court should avoid spoiling a brand new apple by using an old core. . The record is silent as to the reasons for the near unanimous support for the Blair map in the House, and it would be sheer speculation to argue, as has been done by our brother Campbell, that the only purpose for its passage was so that it could be used as a vehicle for negotiations in the Senate. . Appendix 1, also attached, is a summary of the population data for the twenty-four Congressional districts.
CAMPBELL, Senior District Judge (dissenting): The first of this series of related cases concerning the apportionment of the Congressional districts of Illinois, Kirby v. Illinois State Electoral Board, 65-C-75, was filed in this court in January of 1965. That case challenged the Congressional districts which were enacted by the Illinois legislature pursuant to statute and purportedly on the basis of population (Illinois Rev.Stat., Ch. 46 § 156 f.1) in its 1961 session. The districts so drawn were not substantially equal in population and as such were constitutionally invalid. Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481 (1964). The Kirby case and a later filed case, Kusek v. Kerner, 65-C-81, were consolidated before me as the judge to whom the lower numbered case had been assigned by lot. (See local Rule 10 of this district). Shortly after the case was assigned to me, I determined that this was a matter which must be heard -by a three judge court pursuant to 28 U.S.C. § 2284. Subsequently and pursuant to § 2284 Chief Circuit Judge Castle and District Judge Decker were designated to complete the three judge panel. Similar litigation was pending at that time in the Supreme Court of Illinois, see People ex rel. Scott v. Kerner, 32 Ill.2d 539, 208 N.E.2d 561 (1965). By order of the Supreme Court of Illinois and of this court the two political factions which make up the State Electoral Board were granted an opportunity to settle this controversy in an orderly fashion in pre-trial conference in this court. Accordingly and pursuant to that order and with the approval of the Illinois Supreme Court and Judges Castle and Decker, I conducted lengthy Rule 16 (F.R.Civ. P.) conferences with counsel for both parties and subsequently reached an agreement on districts which fully complied with the then Supreme Court standards in terms of “one man-one vote.” See Kirby v. Illinois State Electoral Board, 251 F.Supp. 908, N.D.Ill. Again with the approval of the Illinois Supreme Court simultaneous decrees were entered and promulgated as the redistricting plan for the Illinois Congressional districts. See Kirby and People ex rel. Scott, supra. In fashioning the relief in that case we stressed in our opinion, as did the Illinois Supreme Court in its opinion, that all of the districts originally established by the legislature, including those admittedly malapportioned, constituted a nucleus around which constitutional congressional districts can be and were constructed without drastic change. As stated in my opinion: “I have furthermore with the approval of the Illinois Supreme Court, after studying the maps of the parties and considering the areas of divergence, prepared a congressional reapportionment plan utilizing the nucleus of each existing congressional district and enlarging or decreasing it to comply with the one man one vote principle.” 251 F.Supp. at 910. In its simultaneous decree, the Illinois Supreme Court also stressed the same considerations: We believe the provisional plan so adopted to be just, equitable and constitutionally valid. As stated in the Federal district court’s pretrial memorandum, this plan utilizes the nucleus of each existing congressional district, * * * enlarging or decreasing it to comply with the ‘one man, one vote’ principle, thereby according the greatest possible effect to the 1961 legislatively devised apportionment plan which should heretofore govern congressional representative elections.” (33 Ill.2d at 462, 211 N.E.2d at 737). The Illinois Supreme Court added that it considered our resolution of this problem an accomplishment it deemed “conducive to the best interests of the people of this State.” Both courts also stressed that, “Since apportionment problems are pre-eminently legislative responsibilities, the plan described in this opinion is required only by legislative nonfeasance and is therefore provisional in nature.” The provisional judicial plan was thus put into effect and governed the congressional elections of 1966 and 1968, due to continued legislative nonfeasance. In 1969, in the wake of two decisions of the United States Supreme Court, Kirkpatrick v. Preisler, 394 U.S. 526, 89 S.Ct. 1225, 22 L.Ed.2d 519 (1969), and Wells v. Rockefeller, 394 U.S. 542, 89 S.Ct. 1234, 22 L.Ed.2d 535 (1969), plaintiffs filed this latest case alleging that the provisional judicially drawn districts of 1965 exceeded constitutional standards promulgated in those new cases. In Kirkpatrick deviations of only 3.13 percent above and 2.83 percent below the average were held invalid. In Wells the court rejected deviations ranging from 6.6 percent above to 6.8 percent below the average. The provisional judicially drawn map of Illinois contained deviations as high as 7.5 percent above the average and 6.1 percent below. Because the allegations of plaintiffs’ complaint brought into question the validity of our continuing provisional decree entered mutually with the Supreme Court of Illinois, the cause was assigned to my calendar and to this panal as being related to the original Kirby case. Upon a hearing we concluded that the relief we fashioned in our provisional plan in the light of recent and subsequent Supreme Court cases did not go far enough in the adjustments that we had made in the original legislative districts. We therefore concluded that the provisional plan was itself not constitutional, and that further modifications were necessary. 307 F.Supp. 698. We further concluded that because the 1960 census figures were no longer reliable, the most appropriate relief would be to permit the election of 1970 to proceed under the provisional plan still in effect and await the computation of reliable and accurate census figures which would be available after the 1970 census. In our order we specifically stated we assumed that the General Assembly of Illinois would at long last do its duty and enact a valid plan for the districting of Illinois Congressional districts based on the 1970 census. If it failed so to do we specifically stated that, “this court shall undertake approprate relief”, obviously thus anticipating possible further adjustments in the 1961 legislative plan. When viewed against this background it is clear to me that the jurisdiction of this panel under our general retention order was and is limited to making our provisional plan constitutional under changing Supreme Court decisions and population census changes until the Illinois legislature exercises its primary constitutional function of drawing new districts for the election of members to the United States House of Representatives. We have, in my judgment, no authority at this stage of these seven year old “provisional” proceedings to usurp the legislative function and draw entirely new districts to favor one geographical segment of the state, to reduce minority representation, to gerrymander politically to the benefit of one party or for any other reason. When the legislature failed in its duty to redistrict during the 1971 session we invited all parties, and all those who sought to become parties, to file with the court any proposal they might have to validate our provisional plan until the legislature should finally act. In response to that order four plans were timely filed; one by the plaintiff; one by the Illinois Congressional Delegation; one by the Republican Leadership of the Illinois House of Representatives; and a fourth by one Aram Hartunian, a private citizen and attorney who sought leave to intervene. The Illinois Democratic State Central Committee and Democratic Central Committee of Cook County (“Democratic Party”) also filed a plan in support of their argument at the hearing. A hearing was held, evidence submitted and arguments heard as to the merits or lack thereof in each of the plans submitted. Upon said evidence as submitted and pursuant to Rule 52, F.R.C.P., I make the following Findings of Fact and Conclusions of Law. The teachings of Kirkpatrick v. Preisler and Wells v. Rockefeller, supra, require mathematical exactness in the drawing of congressional districts, and any variance, however so slight, must be justified. In light of those teachings it is apparent that in any apportionment case where there are alternatives before a court the court must approve the plan which appears to be the most perfect in terms of population or find specific facts as to why the most perfect plan was rejected in favor of another proposal. This proposition is illustrated in a recent decision of Chief Justice Warren Burger denying a stay order in a school segregation case, Board of Education v. Scott, No. 71-274, Oct. Term 1971, decided August 31, 1971. In that case, the Chief Justice cites and quotes a prior decision in the case rendered by the Court of Appeals for the Fourth Circuit: “If the district court approves a plan achieving less actual desegregation than would be achieved under an alternate proposed plan, it should find facts that are thought to make impracticable the achieving of the greater degree of integration.” In this case it is stipulated by all parties and I now so find that the most perfect plan before this court in terms of mathematical exactness is that submitted by the Democratic Party in its argument before us. Accordingly under the teachings of Kirkpatrick and Wells, supra, we are bound to accept that plan or find facts which indicate that the acceptance of that plan is impracticable or that the acceptance of another is for some reason justified. In my consideration of the plan submitted by the Democratic Party I find that partisan inspired plan unacceptable as it goes well beyond the limited provisional relief anticipated in our prior decrees and orders, and presents an entirely new plan both in theory and in practical result. I find the plans submitted by plaintiff Skolnick, Mr. Hartunian and by the Republican leadership (generally referred to as the “Blair” plan) unacceptable for the same reasons. I further find and conclude that the only map presented to the court which complies or even attempts to comply with our limited power to alter the provisional decree is that expertly drawn plan submitted by the Illinois Congressional delegation. That plan is supported by all incumbent Congressmen from Illinois (12 Republicans and 12 Democrats). In terms of mathematical equality between districts, it is clearly superior to the maps of the plaintiff, of Hartunian and of the Republican leaders of the House which follow in that order. Most importantly, however, the Congressional delegation has in a statesmanlike fashion submitted a plan which totally utilizes the nucleus of each existing congressional district and enlarges or decreases a district only in so far as it is necessary to do so to comply with our directive of mathematical exactness. In this regard it causes the least drastic changes in the provisional plan heretofore promulgated by this court and the Illinois Supreme Court and accomplishes exactly what in my judgment this panel has the limited jurisdiction to do. In adopting the Congressional Delega- . tions’ proposal as the only valid plan before the court, I conclude that a court, no less than a legislature, should, where possible, avoid doing “unnecessary violence to the heart of existing districts”. Maryland Citizens Committee for Fair Congressional Redistricting v. Tawes, 253 F.Supp. 731 (M.D.Md.1966). For continuity in government is a valid consideration in legislative redistricting. See Skolnick v. City Council, 319 F.Supp. 1219 (N.D.Ill.1970). I am gratified that James P. Chapman, Esq., who is Executive Director of the Independent Precinct Organization, an active force in independent politics, and who was appointed by the Chicago Bar Association to act on its behalf as Amicus Curiae and as counsel for the class, i. e. the voters of Illinois, appears to agree with my analysis of the various proposals. Mr. Chapman, speaking only as our appointed Amicus Curiae summarized for us at our hearing the various proposals. As to the proposal of the Congressional Delegation, Mr. Chapman in substance stated that this proposal has merit in that it grows on something the Courts have approved in the past and something originally approved in the process of political give and take, i. e., the 1961 statute. The adoption of the Congressional Delegation’s plan will also preserve the harmony and good relations this Court has enjoyed with the Courts of Illinois. The history of judicial reapportionment in Illinois thus far records close cooperation between this court and the Illinois Supreme Court thus avoiding any disruption of state-federal relations in this ultra sensitive subject. The mutual involvement of the Illinois Supreme Court and this Court in the subject of reapportionment is discussed in detail by Professor Robert G. Dixon, “Democratic Representation-Reapportionment in Law and Politics,” (Oxford University Press 1968). Stated briefly, in 1965 cases involving the apportionment of the Illinois State Senate were filed in both the Illinois Supreme Court and this Court. See People ex. rel. Engle v. Kerner, 32 Ill.2d 212, 203 N.E.2d 33 (1965), and Germano v. Kerner, 241 F.Supp. 715 (N.D.Ill. 1965). Because of the potential controversy between this Court and the Supreme Court of Illinois, the Supreme Court of the United States wisely directed our Court to defer to the Illinois Supreme Court in our reapportionment efforts. After extensive Rule 16 (F.R.C.P.) conferences were held by me, agreement was reached on the Illinois Senate Reapportionment and the map in that case was jointly promulgated by this Court and the Illinois Supreme Court. These Congressional redistricting cases immediately followed and, as above stated, agreement was again accomplished on the same basis. See Kirby v. State of Illinois Electoral Board, and People ex rel. Scott v. Kerner, supra. I think it quite apparent from reading our decision in Kirby and the decision of the Supreme Court in People ex rel. Scott that this harmony was preserved only by our adoption of a plan which was provisional in nature and which utilized the nucleus of existing districts based on the last valid legislative plan. I conclude that any drastic deviation from the provisional plan approved by the Illinois Supreme Court breaks faith with that Court and is totally inconsistent with the directive of the United States Supreme Court to defer to the Illinois Court in these reapportionment issues. My distinguished brothers constituting the majority of this panel approve entirely, without any changes even to accomplish the mathematical perfection of the other plans before us, and as a new provisional plan, the proposal submitted by the Republican leadership of the Illinois House of Representatives referred to as the Blair Plan. I regret that I must at this point part company with them in this case. The Blair ’Plan I find is a purely partisan effort by the Republican leadership in the Illinois House. I further find its only distinction to be the extent to which it achieves the utmost in political gerrymandering. It is not mathematically the best plan. It has no relationship whatsoever to the plan adopted by this court jointly with the Supreme Court of Illinois as a provisional plan in 1965. It completely abandons the “nucleus of existing congressional districts” and thereby gives no effect, “to the 1961 legislatively devised apportionment plan.” The Blair Plan is all but identical to the proposal introduced into but not passed by the Illinois Legislature. (H.B. 2907, 77th General Assembly). The bill did pass the House of Representatives in the last hours of the last session, but only as a vehicle for negotiations in the Senate. Those negotiations of course failed and the bill did not pass the Senate. Furthermore, the bill as passed also contained a complete plan for the reapportionment of Illinois Senate and House districts. Its passing the House is thus totally irrelevant. Indeed, the weakness of the majority opinion herein is demonstrated by its reliance on this thin reed. We were told by their counsel that the Blair Plan is a desirable one because it “recognizes existing political boundaries,” that is as many districts as possible are completely contained within the City of Chicago. Ironically in the rest of Cook County the plan completely disregards the territorial integrity of cities and villages. Instead, antiquated township lines are followed, which guarantees that municipalities will be divided. On cross examination, Representative Madigan, the chief architect of the Blair proposal, admitted that the City of Chicago was the only city whose boundaries were considered in the preparation of his proposal. By Mr. Hartunian: Q. You found it appropriate in drawing the map that you submitted to differentiate the City of Chicago’s population from all the suburban population of Cook County. That is what your map does, isn’t it ? A. Yes, sir. Q. Is that because you find that it’s advisable to keep cities as much as possible separate, separate from suburban areas, on the basis of community of interest? A. It is an expression of a desire on my part to recognize the existing political boundaries wherever that can be done without causing population variances, and I believe that we have done that. Q. In the 12th District and in the 10th District, for example, you used township lines, didn’t you ? A. That’s right. Q. You are aware that township lines run right through various municipalities ? A. Yes, sir. Q. Do you know whether or not the northern boundary of Maine Township runs right through the Village of Glen-view? A. No, I do not know that. Q. Well, do you know whether or not the township boundaries of Maine Township run through several municipalities ? A. No, sir, I do not know that. Q. Do you know that it’s typical, at least in Cook County, for township lines to run right through municipalities? A. Are you asking me if I know— Q. If you know that. A. (Continuing): —that that type of situation exists generally throughout Cook County? Q. Yes. A. Yes, I’m aware of that. Q. So in using township lines, you necessarily divide municipalities ? A. That’s correct. On the basis of the evidence I find that the sole reason the geographic boundaries of Chicago are adhered to in the Blair proposal while all others are disregarded is that by containing as many districts as possible totally within the City of Chicago — where votes are predominantly Democratic — the number of seats that party can win in Congress is limited and the voices of the many minorities residing in Chicago are diluted. Blair proponents also urge that the “suburbs” are entitled to mote representation because population trends indicate a movement of population from the city into the suburbs. But any map approved on the basis of one-man one-vote will insure equal representation to every voter no matter where he lives. Finally, the Blair proposal is said to be without any political motivation whatsoever. I find that suggestion to be completely dispelled in the following colloquy which occurred after Representative Madigan explained that in their proposal there was only one district (the 17th) where he was sure there was no present incumbent congressman. Q. Now, does the Speaker of the Illinois House presently reside in District 17? A. In proposed District 17, yes. Judge Campbell: That is Mr. Blair? Mr. Reuben: Mr. Blair. By Mr. Reuben: Q. Old District 17 is Mr. Arends’ district, is it not ? A. That’s right. Q. Present District 17. And he would be — under your proposal, he would be no longer — no longer reside in new District 17, correct? Mr. Wexler: I object to that, because Representative Arends can change his address at any time. Mr. Reuben: Assuming he doesn’t. Judge Castle: Overruled. He may answer. By the Witness: A. Assuming that Representative Arends continues to live in Melvin, he would live in proposed District 15. By Mr. Reuben: Q. Did the Speaker of the House name you as chairman of the reapportionment committee? Mr. Wexler: Objection. Judge Castle: Overruled. By the Witness: A. Yes. Furthermore, I find that while counsel urging the Blair proposal vigorously attacks the Congressional delegation map as an attempt to protect incumbents, in the Blair proposal no incumbent Republican is threatened with loss of his seat in Congress. It seems that in the opinion of the Blair proponents protection of incumbents can be either vice or virtue depending upon the political affiliation of the incumbent. In sum, the Blair proposal — which passed the Illinois House of Representatives only as a vehicle for negotiations which failed in the Senate — is but a poorly disguised attempt to segregate the voters of the City of Chicago from the rest of Cook County in an effort thereby to dilute the overall voting strength of the large Democratic majorities that reside within that City. It has the ancillary benefits of preserving the seats of all incumbent Republicans and assuring for the Speaker of the House a seat in Congress for him or his designate. In my judgment it has no other merits which lend itself to adoption by this court. Again paraphrasing our Amicus, Mr. Chapman, the Blair proposal in its effort to separate the City of Chicago from the remainder of Cook County has an obvious devisive effect and is founded on political considerations not in the public interest. I mean no criticism of the Republican leaders of the Illinois House for their preparation and presentation of their plan, both in the General Assembly and before this Court. On the contrary, I commend them for their partisan advocacy. I do take issue with my brothers on this Court however to the extent that they may adopt such partisan advocacy in their decree. In my view, by adopting the Blair plan the majority completely disregards the sole function of our self extended and outworn jurisdiction in this case and becomes legislators in their own right. In his celebrated dissenting opinion in Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663 (1962), the landmark case thrusting our courts into this political thicket of legislative reapportionment, Mr. Justice Frankfurter forewarned that the incursion by the judiciary into the traditional domain of the legislature would, “invite legislatures to play ducks and drakes with the judiciary.” 369 U.S. at 268, 82 S.Ct. at 738. Justice Frankfurter’s words have indeed proven prophetic. In their drastic departure from the provisional plan the majority not only breaks faith with the Supreme Court of Illinois but in my view seriously misleads the parties to this litigation. This cause came to this panel as a related case— related to the 1965 Kirby case, in which the provisional plan was promulgated by this panel and the Illinois Supreme Court. If such drastic relief had been thought possible, surely the parties would have insisted upon a new assignment which would have been their right under our local rule. (See local rule 10, General Rules Northern District of Illinois). Furthermore, by adopting a wholly new plan the majority also departs from the procedures which we have adopted in the prior related cases of sitting down in pretrial conference with all parties of interest in the hope of establishing an acceptable agreement. I do not intend to infer that politics have no place in judicial reapportionment. Reapportionment is intrinsically political. But it is one thing to weigh political factors in arranging some districts in an effort to do justice to all and quite another to discard the rights of some in an effort to achieve partisan gerrymandering. I have expressed these views in prior cases; and the same are reported at length by Professor Dixon, “Democratic Representation-Reapportionment In Law and Polities” (Oxford University Press, 1968). In that book Professor Dixon writes: Chief Judge Campbell’s central premise, building out really from Justice Felix Frankfurter’s dissenting opinion in Baker v. Carr, seems to be this: Reapportionment is generically a political matter; but having made the crucial decision to enter the political thicket, judges must act as statesmen-politicians, within the safeguards of bipartisan pre-trial conference, in order to do an honest job of reapportionment. At the press conference a reporter noted there had been some comments that Judge Campbell had considered political factors in arranging some districts. The Judge’s response was forthright and clear: I certainly did; it’s a necessary part of tiying to work out a fair and balanced set of districts from the standpoint of the interests of each political party. But there is crucial difference between considering political factors in an attempt to do justice to each party in regard to provision of safe and swing districts, and a one-sided partisan political gerrymander for the advantage of one party alone. I conclude that the plan submitted by the equally bi-partisan Illinois Congressional Delegation should be adopted by this court as a fair, just, equitable and mathematically accurate up-dating of our