gomillion lightfoot argued decided november negro citizens sued federal district alabama declaratory judgment act state legislature changing boundaries city tuskegee unconstitutional injunction enforcement alleged act alters shape tuskegee square irregular figure eliminate city four five negro voters without eliminating white voter effect deprive negroes right vote tuskegee elections account race district dismissed complaint ground authority declare act invalid change boundaries municipal corporations fixed state legislature held erred since allegations proven establish inevitable effect act deprive negroes right vote account race contrary fifteenth amendment pp even broad power state fix boundaries municipalities limited fifteenth amendment forbids state deprive citizen right vote race hunter pittsburgh related cases distinguished pp state statute alleged inevitable effect depriving negroes right vote tuskegee race immune attack simply mechanism employed legislature political redefinition municipal boundaries colegrove green distinguished pp fred gray robert carter argued cause petitioners brief arthur shores philip elman argued cause amicus curiae urging reversal brief solicitor general rankin assistant attorney general tyler daniel friedman harold greene robert owen harold flannery james carter argued cause respondents brief thomas hill harry raymon justice frankfurter delivered opinion litigation challenges validity constitution local act passed legislature alabama redefining boundaries city tuskegee petitioners negro citizens alabama time redistricting measure residents city tuskegee brought action district middle district alabama declaratory judgment act unconstitutional injunction restrain mayor officers tuskegee officials macon county alabama enforcing act negroes similarly situated petitioners claim enforcement statute alters shape tuskegee square uncouth figure constitute discrimination violation due process equal protection clauses fourteenth amendment constitution deny right vote defiance fifteenth amendment respondents moved dismissal action failure state claim upon relief granted lack jurisdiction district granted motion stating control supervision power change boundaries municipal corporations fixed duly convened elected legislative body acting people state alabama supp appeal appeals fifth circuit affirmed judgment one judge dissenting brought case since serious questions raised concerning power state municipalities relation fourteenth fifteenth amendments stage litigation concerned truth allegations ability petitioners sustain allegations proof sole question whether allegations entitle make good claim denied rights constitution complaint charging act device disenfranchise negro citizens alleges following facts prior act city tuskegee square shape act transformed strangely irregular figure indicated diagram appended opinion essential inevitable effect redefinition tuskegee boundaries remove city save four five negro voters removing single white voter resident result act deprive negro petitioners discriminatorily benefits residence tuskegee including inter alia right vote municipal elections allegations proven abundantly establish act ordinary geographic redistricting measure even within familiar abuses gerrymandering allegations upon trial remained uncontradicted unqualified conclusion irresistible tantamount practical purposes mathematical demonstration legislation solely concerned segregating white colored voters fencing negro citizens town deprive municipal vote difficult appreciate stands way adjudging statute inevitable effect invalid light principles must judge uniformly judged statutes howsoever speciously defined obviously discriminate colored citizens fifteenth amendment nullifies sophisticated well modes discrimination lane wilson complaint amply alleges claim racial discrimination claim respondents never suggested either brief oral argument countervailing municipal function act designed serve respondents invoke generalities expressing state unrestricted power unlimited constitution establish destroy reorganize contraction expansion political subdivisions wit cities counties local units freely recognize breadth importance aspect state political power exalt power absolute misconceive reach rule decisions leading case hunter pittsburgh related cases relied upon respondents hunter case involved claim citizens allegheny pennsylvania general assembly state direct consolidation city pittsburgh objection majority allegheny voters alleged allegheny already made numerous civic improvements pittsburgh planning undertake improvements annexation therefore greatly increase tax burden allegheny residents case held implied contract city residents taxes spent solely benefit city citizen one municipality deprived property without due process law subjected increased tax burdens result consolidation city another related cases upon respondents also rely trenton new jersey pawhuska pawhuska oil laramie county albany county far mark authority principle constitutionally protected contractual obligation arises state subordinate governmental entities solely result relationship short cases come regarding legislation dealing political subdivisions fall two classes claimed state virtue prohibition impairment obligation contract art due process clause fourteenth amendment without power extinguish alter boundaries existing municipality claimed state power change identity municipality whereby citizens municipality suffer serious economic disadvantage neither claims supported specific limitation upon state power confines fifteenth amendment first category obvious creation municipalities clearly political act come within conception contract dartmouth college case wheat second one principle clearly emerges numerous decisions dealing taxation due process clause affords immunity mere inequalities tax burdens afford protection increase indirect consequence state exercise political powers particularly dealing claims broad provisions constitution derive content interpretive process inclusion exclusion imperative generalizations based qualified concrete situations gave rise must applied context disregard variant controlling facts thus correct reading seemingly unconfined dicta hunter kindred cases state plenary power manipulate every conceivable way every conceivable purpose affairs municipal corporations rather state authority unrestrained particular prohibitions constitution considered cases hunter opinion intimates state legislature may omnipotent even disposition types property owned municipal corporations cases refused allow state abolish municipality alter boundaries merge another city without preserving creditors old city effective recourse collection debts owed shapleigh san angelo mobile watson mount pleasant beckwith broughton pensacola example mobile watson said resource payment bonds municipal corporation power taxation existing bonds issued law withdraws limits taxing power leaves adequate means payment bonds forbidden constitution null void mobile watson supra argued cases argued alteration destruction subordinate governmental divisions proper exercise legislative power creditors submit argument prevail answered answer power extensive though met overcome provision constitution forbids state passing law impairing obligation contracts respondents find another barrier trial case colegrove green case passed illinois law governing arrangement congressional districts within state complaint rested upon disparity population different districts rendered effectiveness individual vote districts far less others disparity came pass solely shifts population illinois organized congressional districts complaint lodged entire period elections held districting scheme devised affirmed dismissal complaint ground presented subject meet adjudication decisive facts case stage must taken proved wholly different considerations found controlling colegrove case involved complaint discriminatory apportionment congressional districts appellants colegrove complained dilution strength votes result legislative inaction course many years petitioners complain affirmative legislative action deprives votes consequent advantages ballot affords legislature thus singles readily isolated segment racial minority special discriminatory treatment violates fifteenth amendment case involving unequal weight voting distribution come decision sanction differentiation racial lines whereby approval given unequivocal withdrawal vote solely colored citizens apart else considerations lift controversy political arena conventional sphere constitutional litigation sum justice holmes remarked dealing related situation nixon herndon course petition concerns political action objection subject matter suit political little play upon words statute alleged worked unconstitutional deprivations petitioners rights immune attack simply mechanism employed legislature redefinition municipal boundaries according allegations made alabama legislature merely redrawn tuskegee city limits incidental inconvenience petitioners accurate say deprived petitioners municipal franchise consequent rights end incidentally changed city boundaries form merely act redefining metes bounds allegations established inescapable human effect essay geometry geography despoil colored citizens colored citizens theretofore enjoyed voting rights colegrove green state exercises power wholly within domain state interest insulated federal judicial review insulation carried state power used instrument circumventing federally protected right principle many applications long recognized cases prohibited state exploiting power acknowledged absolute isolated context justify imposition unconstitutional condition said cases equally applicable acts generally lawful may become unlawful done accomplish unlawful end reading constitutional power used way condition attain unconstitutional result western union telegraph foster petitioners entitled prove allegations trial reasons principal conclusions district appeals clearly erroneous decision must reversed soon decision colegrove case governor dwight green illinois biennial message legislature recommended reapportionment legislature immediately responded sess laws redistricted sess laws justice whittaker concurring concur judgment whole opinion seems decision rested fifteenth amendment rather equal protection clause fourteenth amendment constitution doubtful averments complaint taken present purposes true show purpose act abridge petitioners right vote fifteenth amendment sense seems right vote guaranteed fifteenth amendment right vote enjoyed others within election precinct ward political division inasmuch one right vote political division local election concerning area reside seem follow one right vote division abridged redistricting places residence division enjoys voting privileges others division even though redistricting done state purpose placing racial group citizens division rather seem clear accomplishment state purpose use phrase fencing negro citizens division division unlawful segregation races citizens violation equal protection clause fourteenth amendment brown board education cooper aaron stated think decision rested ground incidentally clearly involve cited cases involve colegrove problem