State ex rel. Jones v. Washington County
Decision Date | 22 January 1973 |
Citation | 514 S.W.2d 51 |
Parties | STATE of Tennessee ex rel. Carl. A. JONES, et al., Complainants-Appellants, v. WASHINGTON COUNTY, Tennessee, et al., Defendants-Appellees. |
Court | Tennessee Court of Appeals |
Frank Bryant and Bryant, Price, Brandt & Jordan of Johnson City, for complainants-appellants, State of Tenn. ex rel. Carl A. Jones and others.
Judson D. Thornton and Robert M. May, Jonesboro, for defendants-appellees, Washington County and others.
Plaintiffs below, Carl A. Jones, T. W. Atkins, and Frank Bryant, citizens and residents of Washington County, Tennessee, have appealed from a decree of the Chancery Court of Washington County dismissing their original suit seeking to hold illegal and void a plan of reapportionment of the Justices of the Peace of Washington County adopted by the Washington County Court of date August 25, 1971, and amended January 24, 1972. The appellants' bill petitioned the Chancery Court to reapportion the county as provided by T.C.A. Section 5--111 and in accordance with the 'one man, one vote rule' established by Reynolds v. Sims (1963), 379 U.S. 870, 85 S.Ct. 12, 13 L.Ed.2d, 76, and other decisions of the Federal Courts.
The reapportionment plan divided Washington County into sixteen voting districts from each of which two Justices of the Peace were to be elected and also provided for eleven additional Justices to be elected from the county 'at large' making a total of 43 Justices of the Peace.
One of the grounds of illegality alleged by appellants is that the reapportionment of the districts was made from registration lists as furnished by the Election Commission Registrar of Washington County and not from actual census records of 1970.
The other ground of attack is that the reapportionment plan is in direct conflict with Article 6, Section 15, of the Tennessee Constitution which limits the Justices to two from each district except the district containing the county town which is allowed three.
First, we copy pertinent sections of the Tennessee Code and Constitution:
T.C.A. Section 5--110.
T.C.A. Section 5--111. 'Reapportionment of justice of peace districts--Election.--Prior to January 1, 1972, the county courts of the different counties shall meet and, a majority of the acting justices of the peace being present and concurring, shall change the boundaries of districts or redistrict a county entirely if necessary to apportion the justices of the peace among the districts substantially according to population, so as to provide for substantially the same number of persons per justice of the peace in each of the districts. At the August 1972 election, justices of the peace shall be elected from the districts so provided.
'To determine the population within a district, United States census of population shall be used, but when United States census of population is not available the court may presume that the number of registered voters in a district is in direct proportion to the population within a district.
T.C.A. Section 5--112.
Tennessee Constitution--Article 6, Section 15--'Districts in Counties--Justices and constables--Number--Term--Removal from district.--The different Counties of this State shall be laid off, as the General Assembly may direct, into districts of convenient size, so that the whole number in each County shall not be more than twenty-five, or four for every one hundred square miles. There shall be two Justices of the Peace and one Constable elected in each district by the qualified voters therein, except districts including County towns, which shall elect three Justices and two Constables. The jurisdiction of said officers shall be co-extensive with the County. Justices of the Peace shall be elected for the term of six, and Constables for the term of two years. Upon the removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the Peace shall be commissioned by the Governor. The Legislature shall have power to provide for the appointment of an additional number of Justices of the Peace in incorporated towns.
T.C.A. Section 19--102--
T.C.A. Section 19--103--
The leading cases on the subject of reapportionment of state legislatures and subordinate legislative bodies are the cases of Baker v. Carr, (1962), 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663; Reynolds v. Sims, 379 U.S. 870, 85 S.Ct. 12, 13 L.Ed.2d 76; Vann v. Baggett, 379 U.S. 871, 85 S.Ct. 13, 13 L.Ed.2d 76; McConnell v. Baggett, 379 U.S. 871, 85 S.Ct. 13, 13 L.Ed.2d 77; Burns v. Richardson, 384 U.S. 73, 86 S.Ct. 1286, 16 L.Ed.2d 376; Avery v. Midland County, Texas, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45.
In the case of Hyden v. Baker (D.C. Cir.), 286 F.Supp. 475, and companion case of Bennett v. Elliott (D.C. Cir.), 294 F.Supp. 808, the Federal Court held that Article 6, Section 15, of the Constitution of Tennessee and T.C.A. Sections 19--101, 19--102, and 19--103, as applied to the apportionment of the Quarterly County Courts of Shelby and Washington Counties were void as violative of rights secured by the equal protection clause of the Fourteenth Amendment to the United States Constitution.
In Otis v. Boyd (D.C. Cir.), 294 F.Supp. 813, the Federal District Court approved a reapportionment plan for Sullivan County, Tennessee, which allowed 48 Justices of the Peace from 16 magisterial districts. One district had as many as eight Justices of the Peace, some districts elected three, and some districts elected only one. Hyden v. Baker, supra, approved the election of Justices of the Peace at large in Shelby County.
In Bennett v. Elliott, supra, the District Court disapproved of a proposed reapportionment plan for Washington County but overruled a contention by some of the parties that the plan which provided for the election of some Justices of the Peace at large was in violation of the Tennessee Constitution, Article 6, Section 15, which limited Justices of the Peace to two from each district. The Court, in Bennett v. Elliott, 294 F.Supp. 808, said, 'The ultimate measure of the plan's validity is the Fourteenth Amendment to the United States Constitution and not state law.'
In Sudekum v. Hayes, Sixth Circuit Court of Appeals (1969), 414 F.2d 41, the Circuit Court of Appeals, in a per curiam opinion, upheld the action of the District Judge in modifying a reapportionment plan for Sumner County, Tennessee. The modified plan provided for the election of six Justices of the Peace from four magisterial districts making a total of 24 Justices for the entire county.
The plan of reapportionment for Washington County, which was finally adopted on January 24, 1972, has never been reviewed by any federal court nor any other court in the State of Tennessee except the Chancery Court of Washington County from which court this appeal is taken.
Appellants insisted in the Court below and in this Court that Article 6, Section 15, of the Tennessee Constitution is no longer in conflict with the Fourteenth Amendment of the United States Constitution because the General Assembly of Tennessee, by enactment of ...
To continue reading
Request your trial-
Seals v. Quarterly County Court of Madison County, Tennessee
...pendent relief under recently declared state law. See Tennessee ex rel. Jones v. Washington County, 514 S.W.2d 57 (Tenn. 1974), aff'g, 514 S.W.2d 51 (Ct.App. Tenn., Western Section 1973). The District Judge denied the amendment and decided the case on remand, which is now on appeal to us, l......
-
Seals v. Quarterly County Court of Madison County, Tenn.
...plaintiffs' proposed amendment of their complaint to allege a pendent state law claim for the same relief under Tennessee v. Washington County, 514 S.W.2d 51 (Tenn.Ct.App.1973), aff'd mem., 514 S.W.2d 57 (Tenn.1974). The District Judge has now heard the state law claim, and entered judgment......
-
State ex rel. Peel v. Shelby County
...of Appeals of Tennessee, Western Section, decided January 22, 1973, affirmed by the Tennessee Supreme Court July 15, 1974, reported in 514 S.W.2d 51. Defendants, members of the Shelby County Quarterly Court, contended that State ex rel. Jones v. Washington County is not controlling because ......