shall, for the purpose of such Act of June 18, 1929, be held and considered to be the statement submitted in accordance with the requirements of such Act for the apportionment of the Eighty-eighth and the four subsequent Congresses.

[H.J. Res. 419, 87th Cong., 1st sess.].

JOINT RESOLUTION Amending the Act of June 18, 1929, to provide that the House of Representatives shall be composed of four hundred and thirty-eight Members beginning with the Eighty-eighth Congress

Whereas in recent years the two new States of Alaska and Hawaii have been admitted to the Union; and

Whereas a temporary increase has been provided in the number of Members of the House of Representatives because of the admission of these new States; and Whereas this temporary increase should be made permanent: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the Eighty-eighth Congress and in each Congress thereafter, the House of Representatives shall be composed of four hundred and thirty-eight Members.

SEC. 2. Subsection (a) of section 22 of the Act entitled "An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress", approved June 18, 1929, as amended (2 U.S.C. 2a), is amended by striking out "the then existing number of Representatives" and inserting in lieu thereof "four hundred and thirty-eight Members of the House of Representatives".

SEC. 3. (a) The statement transmitted to the Congress within the first week of the first regular session of the Eighty-seventh Congress by the President in accordance with subsection (a) of section 22 of the Act of June 18, 1929, as amended, and the certificates sent to the executives of the States in accordance with subsection (b) of such section 22 shall be of no force and effect for the purpose of effecting a reapportionment under such section 22 of such Act of June 18, 1929.

(b) Within ninety days of the date of enactment of this joint resolution, the President shall transmit to the Congress a statement prepared in accordance with the provisions of such Act of June 18, 1929, as amended by this joint resolution, and such statement shall, for the purposes of such Act of June 18, 1929, be held and considered to be the statement submitted in accordance with the requirements of such Act for the apportionment of the Eighty-eighth and the four subsequent Congresses.

[H.R. 8075, 87th Cong., 1st sess.]

A BILL To provide for redistricting of any of the several States by the Director of the Bureau of the Census for the election of Representatives in Congress in certain cases in which the State fails to redistrict in the manner provided by the law thereof, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 22(c) of the Act entitled "An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress", approved June 18, 1929, as amended (55 Stat. 762: 2 U.S.C. 2a (e)), is amended

(1) by striking out "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner:" and inserting in lieu thereof "Except as otherwise provided by subsection (d) of this section and until a State is redistricted in the manner provided by the law thereof after any apportionment, to Representatives to which such State is entitled under such apportionment shall be elected in the following manner:";

(2) by inserting the word "or" immediately before "(4)":

(3) by striking out "; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large"; and

(4) by adding at the end thereof the following new subsection: "(d) Unless a State is redistricted, effective on or before the effective date specified in this subsection in the manner provided by the law thereof after any apportionment, and subject to redistricting (whenever effective in accordance with this subsection) by the State in the manner provided by the law thereof, in any case in which there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, the Director of the Bureau of the Census is authorized and directed to redistrict such State for the election of the Representatives to which such State is entitled under such apportionment in such manner as to provide a number of districts equal to the number of such Representatives and from which such Representatives shall be elected. In the redistricting of such State, the Director of the Bureau of the Census shall follow, to the extent practicable, the following standards:

"(A) The districts shall vary no more than 15 per centum in population from the average population (as determined by the Director of the Bureau of the Census) for congressional districts in such State.

"(B) The districts shall be contiguous.

"(C) The districts shall be compact.

"(D) Existing districts shall be retained.

Nothing in this subsection shall prevent or be construed to prevent the redistricting of any State by State action at any time in the manner provided by the law thereof; and such redistricting by State action, when effective, shall supersede any redistricting by the Director of the Bureau of the Census under this subsection, except that such redistricting by State action shall not supersede any redistricting by the Director with respect to any election of Representatives, unless such redistricting by State action becomes effective on or before January 1 of the year in which such election occurs.".

[H.R. 8498, 87th Cong., 1st sess.]

A BILL To provide for redistricting of any of the several States by the Director of the Bureau of the Census for the election of Representatives in Congress in certain cases in which the State fails to redistrict in the manner provided by the law thereof, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 22(c) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress", approved June 18, 1929, as amended (55 Stat. 762; 2 U.S.C. 2a (c)), is amended

(1) by striking out "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner :" and inserting in lieu thereof “Except as otherwise provided by subsection (d) of this section and until a State is redistricted in the manner provided by the law thereof after any apportionment, to Representatives to which such State is entitled under such apportionment shall be elected in the following manner:";

(2) by inserting the word "or" immediately before "(4)";

(3) by striking out "; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large"; and

(4) by adding at the end thereof the following new subsection: "(d) Unless a State is redistricted, effective on or before the effective date specified in this subsection in the manner provided by the law thereof after any apportionment, and subject to redistricting (whenever effective in accordance with this subsection) by the State in the manner provided by the law thereof, in any case in which there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, the Director of the Bureau of the Census is authorized and directed to redistrict such State for the election of the Representatives to which such State is entitled under such apportionment in such manner as to provide a number of districts equal to the number of such Representatives and from which such Representatives shall be elected. In the redistricting of such State,

the Director of the Bureau of the Census shall follow, to the extent practicable, the following standards:

"(A) The districts shall vary no more than 15 per centum in population from the average population (as determined by the Director of the Bureau of the Census) for congressional districts in such State.

"(B) The districts shall be contiguous.

"(C) The districts shall be compact.
"(D) Existing districts shall be retained.

Nothing in this subsection shall prevent or be construed to prevent the redistricting of any State by State action at any time in the manner provided by the law thereof; and such redistricting by State action, when effective, shall supersede any redistricting by the Director of the Bureau of the Census under this subsection, except that such redistricting by State action shall not supersede any redistricting by the Director with respect to any election of Representatives, unless such redistricting by State action becomes effective on or before January 1 of the year in which such election occurs.".

[H.R. 8616, 87th Cong., 1st sess.]

A BILL To provide for redistricting of any of the several States by the Director of the Bureau of the Census for the election of Representatives in Congress in certain cases in which the State fails to redistrict in the manner provided by the law thereof, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 22(c) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress", approved June 18, 1929, as amended (55 Stat. 762; 2 U.S.C. 2a (c)), is amended

(1) by striking out "Until a State is redistricted in the manner provided by the law thereof after any apportionment, the Representatives to which such State is entitled under such apportionment shall be elected in the following manner:" and inserting in lieu thereof "Except as otherwise provided by subsection (d) of this section and until a State is redistricted in the manner provided by the law thereof after any apportionment, to Representatives to which such State is entitled under such apportionment shall be elected in the following manner :";

(2) by inserting the word "or" immediately before “(4)";

(3) by striking out "; or (5) if there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, they shall be elected from the State at large"; and

(4) by adding at the end thereof the following new subsection: "(d) Unless a State is redistricted, effective on or before the effective date specified in this subsection in the manner provided by the law thereof after any apportionment, and subject to redistricting (whenever effective in accordance with this subsection) by the State in the manner provided by the law thereof, in any case in which there is a decrease in the number of Representatives and the number of districts in such State exceeds such decreased number of Representatives, the Director of the Bureau of the Census is authorized and directed to redistrict such State for the election of the Representatives to which such State is entitled under such apportionment in such manner as to provide a number of districts equal to the number of such Representatives and from which such Representatives shall be elected. In the redistricting of such State, the Director of the Bureau of the Census shall follow, to the extent practicable, the following standards:

"(A) The districts shall vary no more than 15 per centum in population from the average population (as determined by the Director of the Bureau of the Census) for congressional districts in such State. "(B) The districts shall be contiguous.

"(C) The districts shall be compact.
"(D) Existing districts shall be retained.

Nothing in this subsection shall prevent or be construed to prevent the redistricting of any State by State action at any time in the manner provided by the law thereof; and such redistricting by State action, when effective, shall supersede any redistricting by the Director of the Bureau of the Census under this sub

section, except that such redistricting by State action shall not supersede any redistricting by the Director with respect to any election of Representatives, unless such redistricting by State action becomes effective on or before January 1 of the year in which such election occurs.".

Mr. WILLIS. In the audience I see the ranking majority member of the full committee, our colleague from Pennsylvania, and we shall call on him first.

STATEMENT OF HON. FRANCIS E. WALTER, REPRESENTATIVE IN CONGRESS FROM THE STATE OF PENNSYLVANIA

Mr. WALTER. Mr. Chairman, I appreciate the opportunity to present to this distinguished subcommittee a measure which is designed to correct an oversight which occurred at the time the two newest States were admitted to the family of States. When the Sates of Alaska and Hawaii were admitted, the representation in the U.S. Senate was increased by four automatically under the Constitution. It seems to me that it always has been the intention of the Congress when new States are admitted to provide for increased representation. Certainly the representation ought not be diluted. That is exactly what we permitted to happen when we did not increase the number of Representatives in the same number as was done in the Senate.

I have introduced two bills to take care of this oversight. One bill provides for three additional Members and the other bill provides for four additional Members.

There is precedent for an even number of Representatives. The last time this situation prevailed was in 1883, when there were 332 Members.

After examining the debates and discussions which occurred at the time the Constitution was written and the provision was made for representation, it seems to me it was the intention of the Founding Fathers that there never be the possibility-remote as it may be-that a vote could result in a tie. Frankly, that is the reason I introduced the second bill.

There will be an increase in the representation from Hawaii next year. This already is determined. So actually increasing the House by four does not do violence to proceedings that are orderly.

I am aware, probably as much as anybody, of the difficulty of doing business with a large, unwieldly body. It is next to impossible to prevent the conferences which are constantly taking place, usually in a very loud tone of voice. The larger the number, the more difficult it will be to conduct the business of the country.

On the other hand, the congressional business has increased steadily throughout the United States. We certainly ought not permit this error of not enlarging to go uncorrected. I think it was an error. I say that advisedly, Mr. Chairman, because I feel and have felt right along that at the time Alaska and Hawaii were admitted, we should have provided for representation for those two States.

Mr. WILLIS. May I ask a question at that point.

Mr. WALTER. Of course.

Mr. WILLIS. If I have followed your presentation, it runs some what like this: Before the admission of Hawaii and Alaska into the Union, what was then the continental United States was represented by 435 Members.

Mr. WALTER. That is right.

Mr. WILLIS. Unless an increase in number to the extent you propose is made, then we are diminishing the continental U.S. representation as it stood before their admission.

Mr. WALTER. Every congressional district in the United States has to assume part of the burden caused by the admission of these two new States.

Mr. WILLIS. Under the present law, Hawaii is to get two and Alaska one.

Mr. WALTER. Yes.

Mr. WILLIS. That is how the figure three is arrived at.

Mr. WALTER. Yes.

Mr. WILLIS. Your suggestion of adding one more, making it four, is on the theory of having an odd number in the body.

Mr. WALTER. Precisely. Then I subsequently examined the discussions which took place when the Constitution was written, and apprehension was expressed that there might come a time when there would be a tie vote.

I feel that consonant with the expressed will and wishes of the Founding Fathers, we ought to eliminate that possibility.

I trust, Mr. Chairman, this subcommittee in its wisdom will recommend to the Judiciary Committee the enactment of this legislation which will correct this oversight.

Mr. WILLIS. Have you any thought on the three redistricting bills? Under those bills, as I understand them generally, the job of redistricting would be done by the Director of the Bureau of the Census. Have you passed judgment on that and would you like to give the committee the benefit of your thoughts on that?

Mr. WALTER. Yes, I have some ideas about it, but I am having enough trouble selling you my own proposal to not go out of my way to add to the burden.

Mr. WILLIS. If you have reached a mature judgment, we would be delighted if you would give us the benefit of your thoughts.

Mr. TOLL. Mr. Chairman, I think the dean of our delegation is very discreet.

Mr. WALTER. Only on occasion.

I might say, Mr. Chairman, that the presentation I make today comes with the wholehearted approval of the entire delegation from the State of Pennsylvania, which has spent many hours studying the problem.

Mr. Kastenmeier. On the list before us your first bill, H.R. 6431, indicates 437 Members, an increase of 2. I do not know if that is a committee error or whether it was in fact 437.

Mr. WALTER. It is an error. There were three.

Mr. WILLIS. Any further questions.

Mr. LINDSAY. I have just two questions.

I take it from your testimony that you do not support proposed legislation which would expand the size of the House above four. Mr. WALTER. Mr. Lindsay, I am a realist. I am thoroughly convinced that the most we could hope for is an increase by four. I am sure that anything beyond that would experience very rough sledding, and certainly it would not be considered at this session of the