have black candidates seeking election in the aldermanic election
to be held February 23, 1971.
36. The definition, number and location of "independent voters"
cannot be determined from the evidence presented. There is
insufficient evidence to support the allegations that
"independent voters" are dispersed or fragmented by the 1970
Chicago reapportionment ordinance.
37. Despite numerous requests by this court the plaintiffs have
failed to define within any degree of specificity what they mean
by the term "independent voters" which plaintiffs used. There is
insufficient evidence to support the allegations of the complaint
that "independent voters" are dispersed or fragmented by the 1970
Chicago reapportionment ordinance.
Several graduate students of political science participating in
an intern program conducted jointly by the City Council of
Chicago and Chicago Circle Campus of the University of Illinois,
under the direction of a person who was both an employee of the
City Council and a member of the faculty of that university, drew
a map of a possible apportionment of the wards of the City of
Chicago in September 1970 as an academic exercise. That said map
was based on incomplete and inaccurate census returns, did not
succeed in allocating equal populations to its wards, and the
wards outlined in the students' project are dissimilar to the
wards constituted by the official map. There is no evidence that
this students' map was relied upon by the Subcommittee of the
Committee on Committees and Rules, the Committee on Committees
and Rules or the City Council of the City of Chicago in drafting
and adopting the Reapportionment Ordinance.
38. While this Court is of the opinion that claims of political
gerrymandering are not justiciable, even if such claims were
justiciable, the evidence offered by plaintiff in support of
their claim of political gerrymandering was conjectural,
insubstantial and minimal, and no finding of political
gerrymandering could be predicated thereon.
39. There is no evidence of a threat of irreparable injury to
40. There would be irreparable harm to the citizens of the City
of Chicago if the Aldermanic election, scheduled to be held on
February 23, 1971, under the reapportionment ordinance enacted by
the City of Chicago on November 5, 1970, were postponed or
41. There are now six vacancies in the City Council of Chicago
occasioned by deaths and resignations.
42. There are at least six wards not now represented by
aldermen in the City Council of the City of Chicago. Of those
wards three were formerly represented by black aldermen.
Accordingly there would be irreparable harm to the citizens of
those wards without regard to race, creed or color if the
aldermanic election scheduled to be held on February 23, 1971
were not so held.
The vast majority of the non-whites in the City of Chicago live
in residential, racially segregated areas which have a greater
population density area-wise than the density of population in
other areas of the City.
From the foregoing facts, the Court concludes:
CONCLUSIONS OF LAW
1. The Fifteenth Amendment to the Constitution of the United
States provides that "The right of citizens of the United States
to vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous condition of
2. The Fifteenth Amendment protects the voting rights of
citizens of the United States, whether they be black, white or of
any other race or color.
3. The Fourteenth Amendment to the Constitution of the United
States provides that no State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the
United States, nor deny to any person
within its jurisdiction the equal protection of the laws.
4. The ordinance reapportioning the wards, or municipal
legislative districts, of the City of Chicago, Illinois, enacted
November 5, 1970, does not violate either the Fourteenth or the
Fifteenth Amendment to the Constitution of the United States.
5. The 1970 Chicago reapportionment ordinance does not violate
U.S. Code, Title 42, Sec. 1971, 1973, 1981, 1983, 1985, 1986 or
6. The 1970 Chicago reapportionment ordinance does not violate
Illinois Revised Statutes, Chapter 24, Sec. 21-36.
7. The equality of population of the wards of Chicago is now
res judicata. Skolnick et al. v. Mayor and City Council of
Chicago et al., U.S. Court of Appeals, 7th Cir., No. 18878;
decided December 18, 1970.
8. The wards, or legislative districts, of the City of Chicago
are compact and contiguous.
9. Plaintiffs' claim that it is constitutionally essential that
the proportion of the number of wards in which the majority is of
a certain racial or ethnic identification must be the same as the
proportion of the number of persons of such racial or ethnic
identification is to the total population, is untenable. Wright
v. Rockefeller, 376 U.S. 52, 84 S.Ct. 603, 11 L.Ed.2d 512 (1964);
Mann v. Davis, 245 F. Supp. 241 (E.D., Va., 1965); affd.
382 U.S. 42, 86 S.Ct. 181, 15 L.Ed.2d 35 (1965).
10. The complaint filed by plaintiffs is a plea for segregated
reapportionment of the wards, or legislative districts, of the
City of Chicago according to race, ethnic origin, color or creed.
Any and all such color-conscious segregated basis of
apportionment are constitutionally impermissible. Wright v.
Rockefeller, 376 U.S. 52, 84 S.Ct. 603 (1964).
11. The issue of political gerrymandering — at least in
single-member representative districting, such as in the
apportioning of the wards of Chicago — is non-justiciable. Wells
v. Rockefeller, 311 F. Supp. 48 (S.D., N.Y., 1970), affd.
398 U.S. 901, 90 S.Ct. 901, 26 L.Ed.2d 60 (1970); WMCA, Inc. v. Lomenzo,
238 F. Supp. 916, at 925 (S.D., N.Y., 1965), affd. 382 U.S. 4, 86
S.Ct. 24, 15 L.Ed.2d 2 (1965); Badgley v. Hare, 385 U.S. 114, 87
S.Ct. 338, 17 L.Ed.2d 207 (1967); Sincock v. Gately, 262 F. Supp. 739
(D.C.Del., 1967), Meeks v. Avery, 251 F. Supp. 245 (D.C.,
Kan., 1966); Bush v. Martin, 251 F. Supp. 484 (D.C., Tex., 1966);
Sims v. Baggett, 247 F. Supp. 96 (M.D., Ala., 1965).
Let judgment for defendants be entered accordingly:
A. Denying the entry of a temporary injunction;
B. Denying the entry of a permanent injunction;
C. Striking the class action allegations of the
D. Striking the conspiracy allegations of the
E. Declaring that the wards of the City of Chicago as
created by the ordinance enacted on November 5,
1970 are compact and contiguous.
F. Declaring that the Ordinance enacted on November
5, 1970, reapportioning the wards of Chicago, is
not racially or ethnically discriminatory, is
not violative of the Fourteenth and Fifteenth
Amendments of the Constitution and is
The court directed the parties hereto to submit proposed
Findings of Fact and Conclusions of Law and has read and
considered them. It has rejected those proposed by plaintiffs and
adopted those proposed by defendants and they are herein above