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want to amend requiring that it be done
in 1972. This will be a substantive differ-
ence which we will enjoy at that time and
the matter can be disposed of on the will
of the majority of this Convention. But for
me to go to '72 now in transitional provi-
sions would be a departure from the deci-
sion already made earlier on Committee
of the Whole action that we shall have re-
districting for the 1979 statewide election.
THE PRESIDENT: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: The point
I am trying to make in my question is this.
You know and I know that the Supreme
Court and all these people that want re-
apportionment are not going to stand for
any reapportionment except reapportion-
ment based on a census. The census will
not come until 1970. It is impossible for
the legislature to act until 1971 or 1972,
after the new census. So they cannot pro-
vide for a new legislature until 1974, and
for us to leave transitory provisions in
one respect and constitutional provisions in
another, seems to me wholly useless. We
ought to provide, if at all, rather than con-
stitutional provisions in the constitution it-
self, for districting after the census of 1970
and then we will be playing on safe ground
based on the 1970 census. We are sure we
always learn in court decisions, Supreme
Court decisions and interpretations of
those decisions, that it is going to be based
on population figmres actual and not pros-
pective.
So, therefore, I say that we probably
ought to strike this whole sentence rather
than strike it in part and leave it up to
either transitional provisions or come in
with a new amendment to correct it.
DELEGATE GALLAGHER: You are
really addressing yourself to the substan-
tive argument of whether or not we shall
have redistricting in 1970 prior to the time
we have the federal census figures at hand,
or shall wait until 1972 when we do. I am
saying the Convention, the Committee of
the Whole, has decided we shall redistrict
in 1970 based upon such population figures
as we are able to get. I think you are mak-
ing an argument in advance of the time
Delegate Boyer offers his amendment to
the transitory provision requiring the re-
districting to take nlace not in 1970 but
in 1972.
THE PRESIDENT: Delegate Weide-
meyer.
DELEGATE WEIDEMEYER: The point
I am trying to make is that your whole
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presumption is on anticipation. I am try-
ing to get away from false anticipation ;
and get on a street of solid facts. I will
say this, that if you get on a street of solid
facts where the court cannot upset it, then
we will remain a good constitution.
THE PRESIDENT: Is there any further
discussion ? Delegate Sosnowski.
DELEGATE SOSNOWSKI: I would like
to ask a question to Delegate Gallagher.
THE PRESIDENT: Does Delegate Gal-
lagher yield to another question ?
DELEGATE GALLAGHER: Yes, sir.
THE PRESIDENT: Proceed, Delegate
Sosnowski.
DELEGATE SOSNOWSKI: In the sched-
ule of transitional provisions the statement
here says "official determination of state
population." Would that be 1960?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: Does it not
have the further clause "as determined by
the General Assembly"?
THE PRESIDENT: Delegate Sosnowski.
DELEGATE SOSNOWSKI: It does. "As
prescribed by the General Assembly by
law."
T.HE PRESIDENT: Delegate Gallagher,
I think Delegate Sosnowski's question is
directed to the use of the word "official". I
think he is construing that as meaning fed-
eral census.
Delegate Gallagher.
DELEGATE GALLAGHER: If you are
construing the word "official" in the transi-
tory provisions to mean the federal decen-
nial census figures and nothing else, that
is too narrow a reading of that language.
The word "official" as it has been interpre-
ted thus far seems to me governmental, not
necessarily federal government, but state
government or local government as well.
The question of which official fig-ures
shall be used is left up to the General As-
sembly under the transitory provisions you
have before you so I cannot answer you as
to whether or not the General Assembly
will decide to use a special federal census,
which it has the right to do, to be taken in
1969, to use State Department of Plan-
nings figures, which it has the right to do,
or to use other state agencies' or counties'
or municipalities' figures, or even possibly
go back to 19(>0 and use these federal cen-
sus figures. This is a determination which
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