10,866

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General Assembly could fail to exercise its responsibility

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in a constitutional fashion, and that a set of circum-

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stances might arise where a Federal District Court would

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be forced, because of the exigencies of time, to attempt

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the redistricting itself, but I would hope that this would

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go a long way towards thrusting the ultimate responsibility

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on the General Assembly.

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THE CHAIRMAN: Delegate Marion.

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DELEGATE GALLAGHER: I might say that within two

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years after the Westbury v. Sanders case. 27 states acted

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to redistrict their Congressional areas virtually voluntarily.

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Maryland was only one of four which found that its ultimate

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discharge of responsibility had to be vested in the courts

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rather than on the General Assembly.

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THE CHAIRMAN: Delegate Marion.

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DELEGATE MARION: But there is no authority in

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thisthis section for the Court of Appeals of Maryland to

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assume the responsibility if the Legislature fails to

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act, would that be correct?

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DELEGATE GALLAGHER: That is correct. We

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toyed with the idea of having the Court of Appeals do this,