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WALSH v. SECRETARY OF THE COMMONWEALTH

357 Mass. 556 (1970)

259 N.E.2d 768

PHILIP J. WALSH & others vs. SECRETARY OF THE COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1970.

Attorney(s) appearing for the Case

James D. St. Clair (Harold Hestnes with him) for the plaintiffs.

Daniel J. Johnedis, Assistant Attorney General, for the defendant.

Howard M. Miller, Special Assistant Attorney General, for the Acting Governor, amicus curiae, John E. Fenton, Jr., for Maurice A. Donahue, President of the Senate, amicus curiae, & Edward Nappan for David M. Bartley, Speaker of the House of Representatives, amicus curiae, submitted briefs and were present.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, SPIEGEL, REARDON, & QUIRICO, JJ.

BY THE COURT.

This bill for declaratory relief was reserved and reported by a single justice without decision. From the record (including stipulation and exhibits) the following circumstances appear.

The existing apportionment of seats in the State Senate (St. 1960, c. 432, § 2) no longer reflects, on the basis of the 1965 census, a distribution of seats proportional to the population of the respective senatorial districts. The population in 1965 of the...

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