The opinion
251 F.Supp. 584 (1965)
James D. NOLAN, Plaintiff,
v.
James A. RHODES, Governor of Ohio, et al., Defendants.
Leonard M. SIVE et al., Plaintiffs,
v.
Harry ELLIS et al., Defendants.
Clarence BLOSSER, Plaintiff,
v.
James A. RHODES et al., Defendants.
Civ. A. Nos. 6082, 6491, 7585.
United States District Court S. D. Ohio, E. D.
October 27, 1965.
Judgment Affirmed February 21, 1966.
*585 Kenneth G. Weinberg, Cleveland, Ohio, Stewart R. Jaffy, Columbus, Ohio, for plaintiff in No. 6082.
Jerome Goldman, Cincinnati, Ohio, for plaintiffs in No. 6491; William T. Bahlman, Jr., Robert P. Goldman, Bruce I. Petrie, Charles H. Tobias, Jr., Harris K. Weston, Cincinnati, Ohio, of counsel.
Harry P. Jeffrey, Dayton, Ohio, for plaintiff in No. 7585.
William B. Saxbe, Atty. Gen., of Ohio, Columbus, Ohio, for defendants in Nos. 6082, 6491 and 7585.
Hugh A. Sherer, Columbus, Ohio, William E. Knepper, Columbus, Ohio, special counsel for defendants in Nos. 6082 and 6491.
George Schilling, Jr., Pros. Atty., Clinton County, Wilmington, Ohio, Angus B. Wilson, Pros. Atty., Brown County, Georgetown, Ohio, John O. Crouse, Pros. Atty., Highland County, Hillsboro, Ohio, Elmer Spencer, Pros. Atty., Adams County, West Union, Ohio, for defendants in No. 6491; Gerald A. Donahue, John J. Chester, Columbus, Ohio, special counsel.
Before WEICK, Circuit Judge, and WEINMAN and PECK, District Judges.
See 86 S.Ct. 716 , 15 L.Ed.2d 616 .
PER CURIAM.
These three consolidated cases challenge the constitutionality of the apportionment of the General Assembly of the State of Ohio. Pursuant to mandate of the Supreme Court of the United States ( 378 U.S. 556 , 84 S.Ct. 1906 , 12 L.Ed.2d 1034 , 1964), this Court by order dated October 15th, 1964, and entered in Nolan v. Rhodes and Sive v. Ellis (Nos. 6082 and 6491), 218 F.Supp. 953 declared Article XI, Section 2 of the Ohio Constitution void as being in violation of the Fourteenth Amendment to the Constitution of the United States, and ordered the Ohio General Assembly to effect an apportionment system for its membership in compliance with said constitutional provision. The effective date of said order was postponed until the further order of the Court to provide an opportunity for the General Assembly of Ohio to take action to effect such reapportionment. The General Assembly then met in special session on November 10, 1964, and on December 9, 1964, adopted a joint resolution providing for an apportionment plan of the House of Representatives only and the submission thereof to the voters at a special election in May, 1965. Such special election was held but the proposed amendment was defeated by the vote of the electors.
Apportionment of the House was again considered by the 106th General Assembly at its regular session in 1965, but the three-fifths vote of both Houses required to submit a constitutional amendment for a vote of the people could not be obtained. The General Assembly having adjourned sine die without having enacted another apportionment amendment for submission to the electors, the Court entered an order requesting each party to the actions to file on or before October 15, 1965, a suggested plan for reapportionment of the Ohio House of Representatives and a suggested plan for the reapportionment of the Ohio Senate, and further announcing that any person or persons could within said period of time file a suggested plan upon leave of Court.
*586 In Blosser v. Rhodes (No. 7585), by interlocutory order entered October 18, 1965, the Court determined that the Senate of the Ohio General Assembly was malapportioned for the reasons that the Senate has not been apportioned substantially on a population basis; that substantial equality among the districts has not been maintained; that the provisions of the Ohio Constitution governing apportionment of the Senate were contained in the Constitution of 1851 and have not since been amended except as to districts having fractions; that the Constitution of 1851 does not properly allow for the shifts in population which have occurred since its adoption; that the provision (Ohio Cons., Art. XI, Sec. 6a) providing for a varying number of Senators from the same district for different legislative sessions during a decennial period results in underrepresentation for some sessions and overrepresentation for others, but never for reasonably exact representation; that the provisions of the Ohio Constitution which require said malapportionment of the Senate as above related, are in violation of the Fourteenth Amendment to the Constitution of the United States and are therefore null and void. Reynolds v. Sims, 377 U.S. 533 , 84 S.Ct. 1362 , 12 L.Ed.2d 506 (1964) and other cases decided on the same day.
In the order of September 16, 1965, each party to actions Nos. 6082 and 6491 was requested to file on or before October 15, 1965, a suggested plan for the reapportionment of the Ohio House of Representatives and a suggested plan for the reapportionment of the Ohio Senate, and the order further provided that any interested person or persons might within the same period of time file such suggested plans by leave. Pursuant thereto such plans have been filed by the parties as well as by many other interested persons and organizations. Among the plans filed by the parties is one which was filed by the Governor, Auditor of State and Secretary of State of Ohio. Those state officials constitute the Apportionment Board created by Article XI, Section 11 of the Ohio Constitution [*] and simultaneously with such filing, said Board caused the same plan to be published in newspapers of general circulation in the State of Ohio as required by said Section of the Constitution.
In essence, that plan as filed and published divides the state of Ohio into 99 districts and provides for the election to the House of Representatives of one member from each House District so formed, and then provides for 33 Senate Districts, from each of which one senator is to be elected, and each of which is comprised of three House Districts. In determining the "ideal" population for a House District the population of the state was divided by one hundred (Ohio Cons., Art. XI, Sec. 1). Under the plan, no House District has less than 85% of such population, nor more than 115% thereof. No county was divided which fell within the 85 to 115% range, and in establishing the districts pre-existing political boundary lines (i. e., county lines, township, municipal, ward or precinct boundaries, etc.) were followed. The population figures used were of the last census, and since 1960 population figures were used 1960 boundaries were also followed, since there is no more recent official determination of such population shifts as may have occurred.
As above stated, each Senate District is composed of three contiguous House Districts. In determining the "ideal" population of such district, the 1960 population of the state was divided by 35 (Ohio Cons., Art. XI, Sec. 6). While the populations of the Senate Districts do not in every instance fall within the range of 85-115% of the quotient arrived at by dividing the population by 35, every Senate District is well within that range if a divisor of 33 (the number of Senators) is used. A variance within that *587 range is here held not to be violative of constitutional standards.
It is the position of said state officials, as urged in the supporting brief accompanying the plan filed in this court by the Attorney General of Ohio, that they acted in accordance with the authority of said Section 11, thereby performing the mandatory duty imposed upon the Board to reapportion the Ohio General Assembly.
It is axiomatic that any action taken by a properly constituted governmental agency is entitled to a presumption of validity, and accordingly the action of the Apportionment Board is here to be presumed to be legal, valid and constitutionally taken. (See, e. g., Goldberg v. Truck Drivers Local Union No. 299, 293 F.2d 806 (6th Cir. 1961)). In this regard, mention is made of the fact that such constitutionality has been challenged in an action instituted in the Court of Appeals for Franklin County, Ohio, October 20th, 1965, in action No. 8228 on the docket of that court. Until or unless the presumption of validity hereinabove referred to is dissipated by determination by the Ohio courts, the presumption is deemed binding upon this Court, the question whether the Board acted in accordance with authority conferred by the Constitution of Ohio being peculiarly one of Ohio law and appropriate for resolution in the courts of that state.
We regard the apportionment of the General Assembly of Ohio as being a legislative rather than a judicial function. The Federal Court should intervene only to protect rights guaranteed by the Constitution of the United States. When a state apportionment has been declared unconstitutional the Federal Court should devise and put into effect a reapportionment plan only as a last resort when the Legislature fails or is unable to act. In devising a plan the Court acts to prevent a breakdown or disruption of essential state government services.
If the presumption of validity prevails and finds support in the Ohio courts, it must necessarily follow that by its action the Board has established a plan for the reapportionment of the General Assembly and the only determination to be made by this Court is whether or not such plan is in violation of the Constitution of the United States or any provisions thereof. A study of such plan convinces us that the apportionment made by the Board conforms as nearly as practicable according to population and follows the rules enunciated by the Supreme Court in Reynolds. This Court therefore finds that said plan is not violative of the Constitution of the United States.
Elections could not be held under the present apportionment since we have held the General Assembly to be malapportioned. Therefore, consideration must be given to an alternative, namely that of a determination by the Ohio courts of invalidity under the state constitution of the action of the Apportionment Board in its creation of the plan. Such an alternative presents the possibility of chaos and of a breakdown in the entire election machinery of the state in providing for the legislature to be elected in 1966. In order to prevent such an untoward result, and to insure continuity and the stabilization of such elections of the General Assembly said plan of the Apportionment Board will by the Order which hereafter follows be approved, adopted and put into effect now on a temporary basis.
It seems proper to point out that if one of the other plans (or any combination of them, or a plan of the Court's original creation) were to be approved in the event of a declaration of invalidity of the Board plan by the Ohio courts, an entirely untenable situation would be created. It is required by the Ohio Constitution (Art. II, Sec. 3) that "senators and representatives shall have resided in their respective counties, or districts, one year next preceding their election * *." The election in 1966 will by law be held November 8th, and any present delay in the adoption of a plan would make it constitutionally impossible for some incumbent members of the General Assembly *588 or aspirants thereto to stand for election without creating partisan or otherwise potentially embarrassing situations.
Having thus summarily refrained from considering the other carefully prepared suggested plans which have been submitted, a word concerning them should be said. Without exception, such plans indicate the thought and effort with which they have been prepared and appreciation is expressed to the public-minded citizens, legislators and organizations who made such submissions. As has been stated, in the event the Apportionment Board is found by the Ohio courts not to have acted within the proscription of the Ohio Constitution in the preparation of its plan, that plan is hereinafter only adopted as temporary. It is contemplated that in such circumstance during the period of such temporary operation further consideration will be given to the additional plans received. Several of such plans have been accompanied by motions to intervene, and while all such pending motions will be denied, all accompanying plans are received and deemed properly filed, and will be before the Court under the circumstances just set forth.
The plan filed herein by the defendants James A. Rhodes, Governor of Ohio, Ted W. Brown, Secretary of State of Ohio, and Roger Cloud, Auditor of State of Ohio (and which said plan was promulgated by said officials in their capacity as Apportionment Board under the provisions of Article XI, Section 11 of the Ohio Constitution) is attached hereto and made a part hereof. [*] The facts of the three consolidated cases herein considered are found to be as hereinabove set forth and as stated in said attached plan, and this memorandum is filed as the Court's findings of fact and conclusions of law in accordance with the provisions of Rule 52, Federal Rules of Civil Procedure.
In considering the motion of Frank W. King for rehearing, it should be pointed out that he was afforded the opportunity to appear by his counsel as amicus curiae and participate in the trial on the merits of this case. He was personally present and his counsel examined the stipulation agreed upon by the parties and was unable to point out any particular in which it was incorrect or inadequate. He was given the opportunity to offer evidence but he offered none. His counsel was permitted to make the principal argument in the case supporting the constitutionality of the apportionment of the Ohio Senate. In short, he was accorded all the rights of a party in the hearing.
In accordance with the foregoing,
It is ordered:
1. That all pending motions should be and they are hereby denied, including the motions of the plaintiffs in actions Nos. 6082 and 6491;
2. That the interlocutory order heretofore entered holding the Senate of the Ohio General Assembly to be malapportioned, is hereby made final;
3. That the plan adopted by the Apportionment Board acting under the provisions of Article XI, Section 11, Ohio Constitution, is not in violation of the Constitution of the United States or any provisions thereof;
4. That said plan is hereby adopted and put into effect on the date of the entry hereof as a temporary plan and ordered by this Court to be followed for the election of the General Assembly of Ohio in the year 1966;
5. That jurisdiction of these cases is retained pending determination of the constitutionality of the action of the said Apportionment Board under the Constitution of the State of Ohio by the Ohio courts, and thereafter: To consider any application for an extension of the temporary period; to enforce this order; and to consider any other appropriate matter which may be brought to the attention of the Court.
*589 APPENDIX
Governor's publication of the ratio of representation for the Ohio Senate and House of Representatives based upon the 1960 Decennial Census as ascertained and determined by the Governor, the Auditor of State and the Secretary of State in September, 1965, together with their apportionment of Senators and Representatives to districts and their determination of which senatorial districts shall elect Senators to take office for four-year terms starting January 1, 1967, and which for four-year terms starting January 1, 1969.
I, James A. Rhodes, Governor, pursuant to Article II, Section 2 and Article XI, Section 11 of the Constitution of Ohio and further pursuant to Sections 107.09 and 107.13 of the Revised Code, hereby give public notice that the Governor, the Auditor of State and the Secretary of State, by actions taken September 8 and September 27, 1965, have unanimously ascertained and determined (1) that the apportionment of the Ohio House of Representatives and the Ohio Senate under which the 106th General Assembly was elected is unconstitutional in such vital respects under both the Ohio and United States Constitutions as to be a nullity; (2) that the ratio of representation for the Ohio House of Representatives according to the 1960 decennial census is one representative for each 97,064 people and that the ratio of representation for the Ohio Senate according to the same census is one Senator for each 277,326 people; (3) that each House District shall be entitled to elect one Representative in 1966, 1968 and 1970, that even-numbered Senate Districts shall be entitled to elect one Senator for a four-year term in 1966 and 1970, and that odd-numbered Senate Districts shall be entitled to elect one Senator for a two-year term in 1966 and to a four-year term in 1968 (subject to the orders of the Court hereinafter mentioned); (4) that an apportionment for the remainder of the present decennium of the Ohio House of Representatives and of the Ohio Senate that is consistent with the orders of the United States District Court for the Southern District of Ohio, Western Division in Civil Actions No. 6082 (Nolan vs. Rhodes, Governor of Ohio, et al.), No. 6491 (Sive, et al. vs. Ellis, et al.), and No. 3201 (Blosser vs. Rhodes, Governor of Ohio, et al.) and not contrary to other relevant Federal Court decisions, is an apportionment in which ninety-nine House Districts and thirty-three Senate Districts are distributed over Ohio uniformly on a population basis, with each district electing one Representative or one Senator as the case may be; (5) that Senators to be elected from odd-numbered districts shall take office for four-year terms starting January 1, 1967, and that Senators to be elected from even-numbered districts shall take office for two-year terms on January 1, 1967, and thereafter for four-year terms starting January 1, 1969.
The Governor, the Auditor of State and the Secretary of State, accordingly, have apportioned the Ohio House of Representatives and the Ohio Senate for the remaining years of the current decennium as hereinafter set forth.
APPORTIONMENT OF THE OHIO HOUSE OF REPRESENTATIVES
By such of said ascertainments and determinations as pertain to representation in the House of Representatives, the following House Districts are constituted, from each of which one Representative shall be elected to take office January 1, 1967, for a two-year term:
1960
DESIGNATION COMPRISING POPULATION
House District 1: Williams County 29,968
Fulton County 29,301
Defiance County 31,508
_______
TOTAL 90,777
House District 2: Paulding County 16,792
Van Wert County 28,840
Putnam County Township
Monterey Township 1,688
*590
1960
DESIGNATION COMPRISING POPULATION
Auglaize County 36,147
Mercer County Townships
Black Creek Township 752
Dublin Township 2,058
Union Township 1,507
Liberty Township 1,002
Hopewell Township 910
Center Township 959
________
TOTAL 90,655
House District 3: Darke County 45,612
Preble County 32,498
Mercer County Townships
Recovery Township 1,335
Gibson Township 1,872
Granville Township 2,912
Marion Township 2,554
Washington Township 1,188
Butler Township 4,256
Franklin Township 1,369
Jefferson Township 9,885
________
TOTAL 103,481
House District 4: Henry County 25,392
Wood County 72,596
________
TOTAL 97,988
House District 5: Putnam County
less Monterey Township 26,643
Hancock County 53,686
Hardin County 29,633
________
TOTAL 109,962
House District 6: Allen County 103,691
House District 7: Shelby County 33,586
Miami County 72,901
________
TOTAL 106,487
House District 8: Logan County 34,803
Champaign County 29,714
Clark County Townships
Pike Township 2,001
German Township 3,661
Moorefield Township 3,964
Pleasant Township 1,568
Bethel Township 11,363
Mad River Township 5,153
________
TOTAL 92,227
House District 9: Clark County Townships
Harmony Township 2,424
Madison Township 2,562
Greene Township 2,346
Springfield City 82,723
Springfield Township 13,675
________
TOTAL 103,730
House District 10: Greene County 94,642
House District 11: Warren County 65,711
Clinton County 30,004
________
TOTAL 95,715
House District 12: Clermont County 80,530
Brown County 25,178
________
TOTAL 105,708
House District 13: Ottawa County 35,323
Sandusky County 56,486
Erie County Townships
Groton Township 899
Margaretta Township 6,146
________
TOTAL 98,854
House District 14: Huron County 47,326
Erie County Townships
Portland Township
Sandusky City 31,989
Perkins Township 8,955
Oxford Township 1,111
Huron Township 6,358
Milan Township 2,593
Berlin Township 2,691
Vermilion Township 5,439
Florence Township 1,648
Kelleys Island Township 171
________
TOTAL 108,281
House District 15: Seneca County 59,326
Crawford County 46,775
________
TOTAL 106,101
House District 16: Wyandot County 21,648
Marion County 60,221
Union County 22,853
________
TOTAL 104,722
House District 17: Richland County Townships
Plymouth Township 2,089
Cass Township 1,605
Blooming Grove Township 922
Butler Township 667
Sharon Township 10,076
Jackson Township 2,436
Franklin Township 1,384
Weller Township 1,227
Sandusky Township 762
Springfield Township 5,141
Madison Township 73,556
Mifflin Township 2,604
________
TOTAL 102,469
House District 18: Morrow County 19,405
Knox County 38,808
Delaware County 36,107
Richland County Townships
Troy Township 2,546
Washington Township 4,963
Monroe Township 2,138
Perry Township 610
Jefferson Township 2,898
Worthington Township 2,137
________
TOTAL 109,612
House District 19: Licking County 90,242
House District 20: Madison County 26,454
Fayette County 24,775
Highland County 29,716
Adams County 19,982
________
TOTAL 100,927
House District 21: Pickaway County 35,855
Ross County 61,215
________
TOTAL 97,070
House District 22: Pike County 19,380
Scioto County 84,216
________
TOTAL 103,596
House District 23: Medina County 65,315
Ashland County Townships
Ruggles Township 649
Troy Township 707
Sullivan Township 968
Clear Creek Township 1,360
Orange Township 1,708
Jackson Township 1,352
Milton Township 1,633
Montgomery Township 2,139
Union TownshipAshland City 17,419
Perry Township 1,156
________
TOTAL 94,406
House District 24: Wayne County 75,497
Ashland County Townships
Mifflin Township 739
Vermillion Township 1,600
Mohican Township 1,467
*591
1960
DESIGNATION COMPRISING POPULATION
Green Township 2,993
Lake Township 534
Hanover Township 2,347
_______
TOTAL 85,177
House District 25: Fairfield County 63,912
Hocking County 20,168
Vinton County 10,274
_______
TOTAL 94,354
House District 26: Jackson County 29,372
Lawrence County 55,438
_______
TOTAL 84,810
House District 27: Gallia County 26,120
Melgs County 22,159
Athens County 46,998
_______
TOTAL 95,277
House District 28: Muskingum County 79,159
Perry County 27,864
Morgan County Townships
York Township 919
Deerfield Township 498
Union Township 399
Homer Township 557
________
TOTAL 109,396
House District 29: Guernsey County 38,579
Noble County 10,982
Washington County 51,689
Morgan County Township
Bloom Township 641
Bristol Township 424
Center Township 524
Malta Township 1,749
Manchester Township 227
Marion Township 1,271
Meigsville Township 603
Morgan Township 2,753
Penn Township 625
Windsor Township 1,557
_______
TOTAL 111,624
House District 30: Belmont County 83,864
Monroe County 15,268
_______
TOTAL 99,132
House District 31: Holmes County 21,591
Coshocton County 32,224
Tuscarawas County
Townships
Wayne Township 1,089
Sugar Creek Township 2,734
Auburn Township 755
Bucks Township 1,110
Jefferson Township 781
Franklin Township 2,932
Salem Township 1,350
Oxford Township 5,079
York Township 966
Dover Township 14,717
_______
TOTAL 85,328
House District 32: Carroll County 20,857
Harrison County 17,995
Tuscarawas County
Townships
Clay Township 2,217
Fairfield Township 885
Goshen Township 19,215
Mill Township 12,519
Perry Township 405
Rush Township 904
Sandy Township 2,281
Union Township 1,029
Warren Township 585
Warwick Township 2,600
Washington Township 591
Lawrence Township 2,045
_______
TOTAL 84,128
House District 33: Jefferson County 99,201
House District 34: Columbiana County 107,004
House District 35: Portage County 91,798
House District 36: Geauga County 47,573
Lake County Townships
Leroy Township 1,502
Madison Township 9,841
Perry Township 4,834
Painesville Township 31,146
Concord Township 3,860
_______
TOTAL 98,756
House District 37: Lake County Townships
Chagrin Township
Willoughby City 15,058
East Lake Township
East Lake City 12,467
Kirtland Township 4,876
Lakeline Township
Lakeline Village 269
Mentor Township 25,067
Timberlake Township
Timberlake Village 670
Waite Township
Waite Hill Village 360
Wickliffe TownshipWickliffe City 15,760
Willoughby Township 4,241
Willowick Township
Willowick City 18,749
______
TOTAL 97,517
House District 38: Ashtabula County 93,067
LARGE COUNTIES DIVIDED INTO
INDIVIDUAL DISTRICTS
1960
DESIGNATION COMPRISING POPULATION
House District 39: Butler County Townships
Oxford Township 11,909
Reily Township 1,629
Milford Township 2,135
Hanover Township 4,958
Wayne Township 2,348
St. Clair Township (other than
part south of City of Hamilton 5,906
Madison Township 9,286
Middletown City 42,115
Lemon Township 14,415
Liberty Township 3,143
_______
TOTAL 97,844
House District 40: Butler County Townships
Morgan Township 2,174
Ross Township 3,340
Fairfield Township 16,023
St. Clair Township (parts south
of City of Hamilton 1,105
Union Township 6,236
Hamilton City 72,354
_______
TOTAL 101,232
House District 41: Cuyahoga County Township
and Wards
Cleveland City Ward 24 29,629
Bratenahl Township
Bratenahl Village 1,332
*592
1960
DESIGNATION COMPRISING POPULATION
Cleveland City Ward 25 31,170
Cleveland City Ward 27 22,704
_______
TOTAL 84,835
House District 42: Cuyahoga County Wards
Cleveland City Ward 20 29,986
Cleveland City Ward 21 25,365
Cleveland City Ward 22 29,560
Cleveland City Ward 23 22,061
_______
TOTAL 106,972
House District 43: Cuyahoga County Wards
Cleveland City Ward 16 24,568
Cleveland City Ward 18 20,453
Cleveland City Ward 19 24,868
Cleveland City Ward 29 22,697
_______
TOTAL 92,586
House District 44: Cuyahoga County Wards
Cleveland City Ward 10 26,988
Cleveland City Ward 28 23,153
Cleveland City Ward 30 42,742
_______
TOTAL 92,883
House District 45: Cuyahoga County Townships
and Wards
Cleveland City Ward 14 20,117
Cleveland City Ward 15 25,012
Brooklyn Heights Township
Brooklyn Heights Village 1,449
Newburgh Heights Township
Newburgh Heights Village 3,512
South NewburghWarrensville
TownshipGarfield Heights
City 38,455
Willow Township
Cuyahoga Heights Village 796
_______
TOTAL 89,341
House District 46: Cuyahoga County Wards
Cleveland City Ward 11 21,448
Cleveland City Ward 12 19,362
Cleveland City Ward 13 19,947
Cleveland City Ward 17 23,062
Cleveland City Ward 31 13,772
_______
TOTAL 97,591
House District 47: Cuyahoga County Townships
and Wards
Cleveland City Ward 2 27,294
Cleveland City Ward 6 24,205
Cleveland City Ward 9 42,697
Laurel TownshipBrooklyn City 10,733
Brooklyn Township
Linndale Village 381
_______
TOTAL 105,310
House District 48: Cuyahoga County Wards
Cleveland City Ward 3 23,837
Cleveland City Ward 5 22,274
Cleveland City Ward 7 21,984
Cleveland City Ward 8 25,339
_______
TOTAL 93,434
House District 49: Cuyahoga County Township
and Ward
Lakewood Township
Lakewood City 66,154
Cleveland City Ward 1 27,948
_______
TOTAL 94,102
House District 50: Cuyahoga County Townships
and Wards
Charleston Township
Middleburgh Heights City 7,282
Brook Park Township
Brook Park City 12,856
River Edge Township 416
Cleveland City Ward 33 57,020
Cleveland City Ward 4 31,152
_______
TOTAL 108,726
House District 51: Cuyahoga County
Townships
Parma TownshipParma City 82,845
Parma Heights Township
Parma Heights City 18,100
_______
TOTAL 100,945
House District 52: Cuyahoga County Townships
Bay TownshipBay Village City 14,489
Rocky River Township
Rocky River City 18,097
Fairview Township
Fairview Park City 14,624
North Olmsted Township
North Olmsted City 16,290
Goldwood Township
Parkview Village 2,018
Olmsted Township 4,773
Olmsted Falls Township
Olmsted Falls Village 2,144
Westview Township
Westview Village 1,303
Berea TownshipBerea City 16,592
Westlake-Dover Township
Westlake City 12,906
_______
TOTAL 103,236
House District 53: Cuyahoga County Township
and Ward
Cleveland City Ward 32 25,865
Euclid TownshipEuclid City 62,998
_______
TOTAL 88,863
House District 54: Cuyahoga County Townships
East Cleveland Township
East Cleveland City 37,991
Cleveland Heights Township
Cleveland Heights City 61,813
_______
TOTAL 99,804
House District 55: Cuyahoga County Townships
and Ward
Cleveland City Ward 26 27,771
Richmond Heights Township
Richmond Heights City 5,068
South Euclid Township
South Euclid City 27,569
Highland Heights Township
Highland Heights Village 2,929
S.O.M. Township
Mayfield Village 1,977
Riverside-Gates Mills Township
Gates Mills Village 1,588
Mayfield Township
Mayfield Heights City 13,478
Euclidville Township
Lyndhurst City 16,805
______
TOTAL 97,185
House District 56: Cuyahoga County Townships
Idlewood Township
University Heights City ........ 16,641
Shaker Township
Shaker Heights City 36,460
Beachwood Township
Beachwood City 6,089
Pepper Pike Township
Pepper Pike Village 3,217
Hunting Valley Township
Hunting Valley Village 550
Warrensville Township 13,558
Woodmere Township
Woodmere Village 398
Orange Township
Moreland Hills Village 2,188
*593
1960
DESIGNATION COMPRISING POPULATION
Garfield TownshipOrange Village 2,006
Chagrin Falls Township 3,523
Bentleyville Township
Bentleyville Village 301
Solon TownshipSolon City 6,333
Glenwillow Township
Glenwillow Village 359
_____
TOTAL 91,623
House District 57: Cuyahoga County Townships
Bedford Heights Township
Bedford Heights City 5,275
Oakwood Township
Oakwood Village 3,283
Bedford TownshipBedford City 15,223
Maple Heights Township
Maple Heights City 31,667
Walton Hills Township
Walton Hills Village 1,776
South View Township
Valley View Village 1,221
East Independence Township
Independence City 6,868
Independence Township
Seven Hills City 5,708
East Brecksville Township
Brecksville City 5,435
West Brecksville Township
Broadview Heights City 6,209
Royalton TownshipNorth
Royalton City 9,290
Strongsville Township
Strongsville City 8,504
______
TOTAL 100,459
House District 58: Franklin County Townships
and Wards
Prairie Township 9,819
Brown Township 830
Norwich Township 9,699
Washington Township 2,057
Perry Township 4,312
Upper Arlington Township
Upper Arlington City 28,486
Sharon Township 13,723
Columbus City Ward 22 11,969
Columbus City Ward 21 6,259
Columbus City Ward 20 11,030
Columbus City Ward 19 9,536
______
TOTAL 107,720
House District 59: Franklin County Townships
and Wards
Blendon Township 11,593
Plain Township 2,409
Mifflin Township 14,662
Jefferson Township 3,230
Columbus City Ward 26 10,747
Columbus City Ward 23 14,837
Columbus City Ward 24 13,611
Columbus City Ward 25 14,691
Clinton Township (Part adjacent
to Ward 23) 4,914
_____
TOTAL 90,694
House District 60: Franklin County Townships
and Wards
Hamilton Township 9,860
Madison Township 8,049
Truro Township 9,551
Columbus City Ward 28 26,273
Columbus City Ward 29 24,929
Columbus City Ward 1 15,104
______
TOTAL 93,766
House District 61: Franklin County Townships
and Wards
Jackson Township 13,693
Franklin Township 15,557
Columbus City Ward 9 16,062
Columbus City Ward 10 19,105
Columbus City Ward 11 19,152
Columbus City Ward 31 12,021
Columbus City Ward 32 10,701
Pleasant Township 3,213
_______
TOTAL 109,504
House District 62: Franklin County Townships
and Wards
Grandview Heights Township
Grandview Heights City 8,270
Columbus City Ward 12 15,821
Columbus City Ward 14 13,024
Columbus City Ward 15 17,820
Columbus City Ward 16 14,576
Columbus City Ward 18 11,261
Columbus City Ward 33 6,347
Clinton Township (Part adjacent
to Wards 15 and 33) 2,582
______
TOTAL 89,701
House District 63: Franklin County Wards
Columbus City Ward 2 14,906
Columbus City Ward 3 12,482
Columbus City Ward 4 16,694
Columbus City Ward 7 11,699
Columbus City Ward 8 14,690
Columbus City Ward 13 18,797
Columbus City Ward 30 12,431
_______
TOTAL 101,699
House District 64: Franklin County Townships
and Wards
Columbus City Ward 5 15,061
Columbus City Ward 6 12,283
Columbus City Ward 17 15,549
Columbus City Ward 27 11,848
Bexley TownshipBexley City 14,319
Whitehall Township
Whitehall City 20,818
_______
TOTAL 89,878
House District 65: Hamilton County Townships
Symmes Township 7,621
Madeira TownshipMadeira City 6,744
Silverton TownshipSilverton City 6,682
Blue Ash TownshipBlue Ash City 8,341
Sharonville Township
Sharonville Village 3,890
Sycamore Township 22,731
Reading TownshipReading City 12,832
Amberley Township
Amberley Village 2,951
Deer Park Township
Deer Park City 8,423
Lincoln Heights Township
Lincoln Heights City 7,798
Lockland TownshipLockland City 5,292
______
TOTAL 93,305
House District 66: Hamilton County Townships
and Wards
Columbia Township 24,579
Cincinnati City Ward 2 26,818
Cincinnati City Ward 14 16,233
Norwood TownshipNorwood City 34,580
_______
TOTAL 102,210
House District 67: Hamilton County Township
and Wards
Anderson Township 17,250
Cincinnati City Ward 1 21,059
Cincinnati City Ward 5 16,236
Cincinnati City Ward 4 14,823
Cincinnati City Ward 3 18,855
_______
TOTAL 88,223
*594
1960
DESIGNATION COMPRISING POPULATION
House District 68: Hamilton County Townships
and Wards
Arlington Heights Township
Arlington Heights Village 1,355
Elmwood Township
Elmwood Place Village 3,813
St. Bernard Township
St. Bernard City 6,778
Cincinnati City Ward 7 24,422
Cincinnati City Ward 15 20,347
Cincinnati City Ward 23 23,353
Cincinnati City Ward 24 18,792
______
TOTAL 98,860
House District 69: Hamilton County Wards
Cincinnati City Ward 6 15,692
Cincinnati City Ward 8 19,300
Cincinnati City Ward 9 18,891
Cincinnati City Ward 10 20,304
Cincinnati City Ward 13 22,375
______
TOTAL 96,562
House District 70: Hamilton County Township
and Wards
Delhi Township 14,579
Cincinnati City Ward 19 14,029
Cincinnati City Ward 20 18,419
Cincinnati City Ward 21 17,063
Cincinnati City Ward 25 25,510
______
TOTAL 89,600
House District 71: Hamilton County Townships
and Wards
Cincinnati City Ward 26 26,665
Crosby Township 1,464
Harrison Township 5,525
Whitewater Township 2,883
Miami Township 8,332
Green Township 47,991
_______
TOTAL 92,860
House District 72: Hamilton County Wards
Cincinnati City Ward 11 18,953
Cincinnati City Ward 12 19,515
Cincinnati City Ward 16 11,274
Cincinnati City Ward 17 17,597
Cincinnati City Ward 18 18,996
Cincinnati City Ward 22 17,029
_______
TOTAL 103,364
House District 73: Hamilton County Townships
Colerain Township 28,632
Springfield Township 56,939
Glendale Township
Glendale Village 2,823
Woodlawn Township
Woodlawn Village 3,007
Wyoming Township
Wyoming City 7,736
______
TOTAL 99,137
House District 74: Lorain County Townships
Black River Township 41,861
Sheffield Township 43,602
Avon Lake Township
Avon Lake City 9,403
Avon TownshipAvon City 6,002
Ridgeville Township
North Ridgeville City 8,057
Lorain City in Brownhelm Township 56
______
TOTAL 108,981
House District 75: Lorain County Townships
Brownhelm Township less Lorain
City in Brownhelm 3,622
Amherst Township 12,897
Henrietta Township 1,390
Russia Township 10,266
Carlisle Township 9,058
Eaton Township 6,360
Columbia Township 4,474
Camden Township 1,124
Pittsfield Township 1,094
LaGrange Township 2,398
Grafton Township 2,523
Brighton Township 535
Wellington Township 4,578
Penfield Township 810
Rochester Township 544
Huntington Township 748
Elyria Township 46,098
______
TOTAL 108,519
House District 76: Lucas County Townships
and Ward
Providence Township 1,587
Waterville Township 4,449
Swanton Township 2,961
Monclova Township 2,728
Waynesfield Township
Maumee City 12,063
Harding Township 605
Spencer Township 2,501
Springfield Township 8,636
Adams Township 22,449
Ottawa Hills Township
Ottawa Hills Village 3,870
Toledo City Ward 16 23,135
______
TOTAL 84,984
House District 77: Lucas County Townships
and Wards
Richfield Township 1,205
Sylvania Township 20,282
Washington Township 38,681
Toledo City Ward 21 16,009
Toledo City Ward 22 17,755
_______
TOTAL 93,932
House District 78: Lucas County Wards
Toledo City Ward 12 18,252
Toledo City Ward 13 13,958
Toledo City Ward 14 10,371
Toledo City Ward 15 19,159
Toledo City Ward 9 14,629
Toledo City Ward 8 10,384
Toledo City Ward 6 8,564
_______
TOTAL 95,317
House District 79: Lucas County Wards
Toledo City Ward 11 19,649
Toledo City Ward 10 14,601
Toledo City Ward 5 12,102
Toledo City Ward 7 11,266
Toledo City Ward 2 11,976
Toledo City Ward 3 12,006
Toledo City Ward 4 11,837
_______
TOTAL 93,437
House District 80: Lucas County Townships
and Wards
Toledo City Ward 17 13,187
Toledo City Ward 18 15,951
Toledo City Ward 19 11,651
Toledo City Ward 20 14,678
Toledo City Ward 1 16,883
Oregon Township 13,592
Jerusalem Township 3,319
_______
TOTAL 89,261
House District 81: Mahoning County Townships
and Wards
Austintown Township 22,152
Youngstown City Ward 3 19,144
Youngstown City Ward 4 26,006
Youngstown City Ward 5 25,319
Youngstown City Ward 6 18,392
_______
TOTAL 111,013
*595
1960
DESIGNATION COMPRISING POPULATION
House District 82: Mahoning County Townships
and Wards
Youngstown City Ward 1 less 58
people in Trumbull County 23,375
Youngstown City Ward 2 27,058
Youngstown City Ward 7 27,337
Coitsville Township 16,275
_______
TOTAL 94,045
House District 83: Mahoning County Townships
Milton Township 3,341
Jackson Township 1,878
Berlin Township 1,164
Ellsworth Township 1,682
Canfield Township 6,679
Boardman Township 27,379
Poland Township 27,244
Smith Township 10,367
Goshen Township 2,603
Green Township 2,614
Beaver Township 5,101
Springfield Township 5,370
_______
TOTAL 95,422
House District 84: Montgomery County
Townships
Oakwood TownshipOakwood City 10,493
Dayton City Ward 9 22,658
Van Buren Township
Kettering City 54,462
Washington Township 10,605
Moraine Township
Moraine Village 2,262
_______
TOTAL 100,480
House District 85: Montgomery County
Townships
Clay Township 6,113
Randolph Township 9,207
Perry Township 5,166
Madison Township 25,933
Jackson Township 3,870
Jefferson Township 11,125
German Township 6,102
Miami Township 32,082
_______
TOTAL 99,598
House District 86: Montgomery County Townships
and Wards
Butler Township 12,666
Wayne Township 12,022
Harrison Township 28,996
Mad River Township 33,644
Dayton City Ward 18 8,284
Dayton City Ward 17 14,042
_______
TOTAL 109,654
House District 87: Montgomery County Wards
Dayton City Ward 3 15,777
Dayton City Ward 2 16,000
Dayton City Ward 1 14,338
Dayton City Ward 11 10,533
Dayton City Ward 12 14,243
Dayton City Ward 8 16,403
Dayton City Ward 10 11,522
Dayton City Ward 4 12,465
_______
TOTAL 111,281
House District 88: Montgomery County Wards
Dayton City Ward 5 11,916
Dayton City Ward 6 13,806
Dayton City Ward 7 13,392
Dayton City Ward 13 15,557
Dayton City Ward 14 21,968
Dayton City Ward 15 6,471
Dayton City Ward 16 22,957
_______
TOTAL 106,067
House District 89: Stark County Wards
and Township
Canton City Ward 8 5,691
Canton City Ward 9 7,651
Canton City Ward 7 5,960
Canton City Ward 1 6,804
Canton City Ward 2 13,293
Canton City Ward 4 14,183
Canton City Ward 3 9,691
Canton City Ward 5 12,842
Canton City Ward 6 11,740
Canton Township (Part contained
in Census Tract SC-116) 3,315
_______
TOTAL 91,170
House District 90: Stark County Townships
Marlboro Township 3,078
Lexington Township 29,074
Nimishillen Township 12,390
Washington Township 8,687
Osnaburg Township 5,409
Paris Township 4,994
Canton Township (Excluding part
contained in Census Tract
SC-116) 18,315
Pike Township 3,523
Sandy Township 4,326
_______
TOTAL 89,796
House District 91: Summit County Township
Green Township 9,521
Stark County Townships
Lake Township 9,358
Jackson Township 11,016
Plain Township 60,900
_______
TOTAL 90,795
House District 92: Summit County Township
Franklin Township 12,051
Stark County Townships
Lawrence Township 5,274
Tuscarawas Township 9,723
Perry Township 53,029
Sugar Creek Township 5,802
Bethlehem Township 4,277
_______
TOTAL 90,156
House District 93: Summit County Townships
and Villages
Sagamore Hills Township 3,848
Northfield Center Township 2,427
Northfield Township
Northfield Village 1,055
Macedonia Township 4,060
Twinsburg Township 5,848
Remindersville Township
Remindersville Village 217
Richfield Township 3,664
Boston Township 2,127
Boston Heights Village 831
Hudson Township 4,977
Bath Township 4,613
Northampton Township 3,960
Stow TownshipStow City 12,194
Cuyahoga Falls Township
Cuyahoga Falls City 47,922
Silver Lake Village 2,655
Munroe Falls Township
Munroe Falls Village 1,828
_______
TOTAL 102,226
House District 94: Summit County Township
and Wards
Copley Township 9,656
Akron City Ward 3 25,830
Akron City Ward 4 37,420
Akron City Ward 8 30,413
_______
TOTAL 103,319
*596
House District 95: Summit County Township
and Wards
Akron City Ward 1 31,445
Akron City Ward 2 23,469
Akron City Ward 6 36,064
Tallmadge Township
Tallmadge City 10,246
_______
TOTAL 101,224
House District 96: Summit County Townships
and Ward
Norton Township 10,924
Barberton City 33,805
Coventry Township 13,317
Akron City Ward 9 28,170
_______
TOTAL 86,216
House District 97: Summit County Townships
and Wards
Akron City Ward 5 22,188
Akron City Ward 7 26,132
Akron City Ward 10 29,220
Springfield Township 15,822
Lakemore Township
Lakemore Village 2,765
Mogadore Township 2,885
_______
TOTAL 99,012
House District 98: Trumbull County Townships
Mesopotamia Township 1,245
Bloomfield Township 1,138
Farmington Township 1,391
Bristol Township 2,157
Southington Township 2,774
Champion Township 8,026
Braceville Township 3,005
Newton Township 8,070
Lordstown Township 1,911
Warren Township 42,529
Warren City in Howland
Township 27,441
_______
TOTAL 99,687
House District 99: Trumbull County Townships
Bazetta Township 5,153
Brookfield Township 9,082
Fowler Township 1,772
Greene Township 725
Gustavus Township 1,016
Hartford Township 2,203
Howland Township less
Warren City 12,230
Hubbard Township 15,064
Johnston Township 1,282
Kinsman Township 1,818
Liberty Township 23,010
Mecca Township 1,401
Vernon Township 1,139
Vienna Township 3,357
Weathersfield Township 29,529
Youngstown City in
Trumbull County 58
_______
TOTAL 108,839
*597 APPORTIONMENT OF THE OHIO SENATE
By such of the ascertainments and determinations mentioned at the beginning hereof as pertain to representation in the Ohio Senate, the following Senate Districts are constituted by combining groups of three contiguous House Districts, from each of which Senate Districts one Senator shall be elected to take office January 1, 1967, for the term shown in the table below:
COMPRISING 1960
DESIGNATION HOUSE DISTRICTS TERM POPULATION
Senate District 1: Nos. 1, 4, and 76 4 years 273,749
Senate District 2: Nos. 2, 5 and 6 2 years 304,308
Senate District 3: Nos. 7, 8 and 9 4 years 302,444
Senate District 4: Nos. 3, 39 and 40 2 years 302,557
Senate District 5: Nos. 85, 86 and 88 4 years 315,319
Senate District 6: Nos. 84, 87 and 10 2 years 306,403
Senate District 7: Nos. 65, 66 and 67 4 years 283,738
Senate District 8: Nos. 68, 71 and 73 2 years 290,857
Senate District 9: Nos. 69, 70 and 72 4 years 289,526
Senate District 10: Nos. 11, 12 and 20 2 years 302,350
Senate District 11: Nos. 77, 78 and 79 4 years 282,686
Senate District 12: Nos. 80, 13 and 15 2 years 294,216
Senate District 13: Nos. 14, 17 and 75 4 years 319,269
Senate District 14: Nos. 16, 18 and 19 2 years 304,576
Senate District 15: Nos. 59, 63 and 64 4 years 282,271
Senate District 16: Nos. 58, 61 and 62 2 years 306,925
Senate District 17: Nos. 60, 21 and 25 4 years 285,190
Senate District 18: Nos. 22, 26 and 27 2 years 283,683
Senate District 19: Nos. 23, 24 and 31 4 years 264,911
Senate District 20: Nos. 28, 29 and 30 2 years 320,152
Senate District 21: Nos. 41, 42 and 54 4 years 291,611
Senate District 22: Nos. 43, 44 and 45 2 years 274,810
Senate District 23: Nos. 46, 47 and 48 4 years 296,335
Senate District 24: Nos. 50, 51 and 57 2 years 310,130
Senate District 25: Nos. 49, 52 and 74 4 years 306,319
Senate District 26: Nos. 53, 55 and 56 2 years 277,671
Senate District 27: Nos. 93, 94 and 96 4 years 291,761
Senate District 28: Nos. 91, 95 and 97 2 years 291,031
Senate District 29: Nos. 89, 90 and 92 4 years 271,122
Senate District 30: Nos. 32, 33 and 34 2 years 290,333
Senate District 31: Nos. 35, 36 and 37 4 years 288,071
Senate District 32: Nos. 38, 98 and 99 2 years 301,593
Senate District 33: Nos. 81, 82 and 83 4 years 300,480
_________
TOTAL 9,706,397
This legal advertisement is one of four consecutive weekly publications being made in newspapers in Cleveland, Columbus and Cincinnati on October 15, 16, 22, 23, 29, 30 and November 5 and 6, 1965.
Done at Columbus, Ohio this
15th day of October, 1965.
JAMES A. RHODES, Governor
NOTES
[*] Actually, that section merely imposes the responsibility for action on the officials named and does not use the phrase "Apportionment Board." However, for convenience we herein follow the common practice of using the designation "Apportionment Board."
[*] See Appendix.