avery midland county argued november decided april midland county texas commissioners governing body county like bodies established state constitution statutes consists five members county judge elected large entire county four commissioners one elected four districts precincts county divided commissioners courts exercise broad governmental functions counties including setting tax rates equalization assessments issuance bonds allocation funds wide discretion expenditures one district midland county includes almost city midland population according estimates others rural areas populations respectively action challenging county districting petitioner alleged gross disparity population distribution among four districts violated equal protection clause fourteenth amendment three four commissioners testified trial population major factor districting process trial ruled petitioner district state constitutional apportionment standard substantially number people intermediate appellate reversed state reversed judgment holding federal state constitutions districting scheme impermissible reasons stated trial held however work actually done county commissioners disproportionately concerns rural areas factors number qualified voters land areas geography miles county roads taxable values justify apportionment otherwise basis substantially equal populations held local units general governmental powers entire geographic area may consistently equal protection clause fourteenth amendment apportioned among districts substantially unequal population reynolds sims pp equal protection clause reaches exercise state power whether exercised state political subdivision although state legislature may properly apportioned fourteenth amendment requires citizens denied equal representation political subdivisions also broad functions commissioners performs functions normally thought legislative others typically characterized terms regardless labels body power make large number decisions broad impact citizens county pp though midland county commissioners may concentrate attention rural roads decisions also affect citizens city midland lyndon olson argued cause filed brief petitioner browder pannill argued cause filed brief respondents francis beytagh special leave argued cause amicus curiae urging reversal brief acting solicitor general spritzer assistant attorney general doar louis lefkowitz attorney general daniel cohen robert imrie assistant attorneys general filed brief state new york amicus curiae urging reversal justice white delivered opinion petitioner taxpayer voter midland county texas sought determination texas erred concluding selection midland county commissioners districts substantially unequal population necessarily violate fourteenth amendment granted review application one man one vote principle reynolds sims units local government broad public importance hold petitioner resident midland county right vote commissioners substantially equal weight vote every resident midland county population commissioners composed five members one county judge elected large entire county practice casts vote break tie four commissioners chosen districts population districts according estimates relied upon case tried respectively vast imbalance resulted placing single district virtually entire city midland midland county urban center county population resides commissioners assigned texas constitution various statutory enactments variety functions according commentary vernon texas statutes general governing body county establishes courthouse jail appoints numerous minor officials county health officer fills vacancies county offices lets contracts name county builds roads bridges administers county public welfare services performs numerous duties regard elections sets county tax rate issues bonds adopts county budget serves board equalization tax assessments petitioner sued commissioners members midland county district alleging disparity district population violated fourteenth amendment standing resident taxpayer voter district largest population three four commissioners testified trial telling indeed population statistics established districts demonstrated population major factor districting process trial ruled petitioner made explicit reference fourteenth amendment said apportionment plan effect convenience people apportionment standard established art texas constitution ordered defendant commissioners adopt new plan precinct substantially number people texas civil appeals reversed judgment district entered judgment respondents held neither federal state law created requirement texas county commissioners courts districted according population texas reversed civil appeals held requirements texas constitutions present districting scheme impermissible reasons stated trial however disagreed trial conclusion precincts must substantially equal populations stating factors number qualified voters land areas geography miles county roads taxable values considered also decreed texas courts redistrict commissioners responsibility commissioners accomplished within constitutional boundaries sought delineate reynolds sims supra equal protection clause applied apportionment state legislatures every qualified resident reynolds determined right ballot election state legislators equal weight vote every resident right infringed legislators elected districts substantially unequal population question us whether fourteenth amendment likewise forbids election local government officials districts disparate population almost every addressed question hold equal protection clause reaches exercise state power however manifested whether exercised directly subdivisions state thus prohibitions fourteenth amendment extend action state denying equal protection laws whatever agency state taking action cooper aaron state apportions legislature must due regard equal protection clause similarly state delegates lawmaking power local government provides election local officials districts specified statute ordinance local charter must insure qualified vote right equally effective voice election process voters residing oversize districts denied constitutional right participate election state legislators precisely kind deprivation occurs members city council school board county governing board elected districts substantially unequal population five senators representing city state legislature may elected districts ranging size neither permissible elect members city council districts either case votes residents greater weight others cases equal protection laws denied state legislature may properly apportioned exempt subdivisions fourteenth amendment state legislatures exercise extensive power constituents various units local government universally leave much policy decisionmaking governmental subdivisions legislators enact many laws attempt reach countless matters local concern necessarily left wholly partly govern local level providing governments cities counties towns districts characteristically provide representative government decisionmaking local level representatives elected people infrequently delegation power local units contained constitutional provisions local home rule immune legislative interference word institutions local government always major aspect system responsible responsive operation today increasing importance quality life citizens therefore see little difference terms application equal protection clause principles reynolds sims exercise state power legislatures exercise elected officials cities towns counties urged permit unequal districts midland county commissioners ground functions sufficiently legislative parties devoted much effort urging alternative labels administrative versus legislative applied commissioners brief description functions amply demonstrates unit local government easily classified neat categories favored civics texts texas commissioners courts assigned tasks normally thought legislative others typically assigned executive administrative departments still others judicial regard midland county commissioners representative general governing bodies american cities counties towns villages one knowledgeable commentator written varied pragmatic approach establishing governments wood politics government westin ed approach produced staggering number governmental units preliminary calculation bureau census units government even staggering diversity nonetheless organizations abound many allocation functions among units results instances overlap vacuum virtually every american lives within neighbors regard unit local government general responsibility power local affairs many cases citizens reside within subject two governments city county midland county commissioners unit texas found commissioners legislative functions negligible power make large number decisions broad range impacts citizens county sets tax rate equalizes assessments issues bonds prepares adopts budget allocating county funds given statute wide range discretion choosing subjects spend adopting budget makes judgments way midland county develop whether industry solicited roads improved recreation facilities built land set aside schools immediate choices among competing needs texas concluded work actually done commissioners disproportionately concern rural areas commissioners unit government assigned performance functions affecting definable groups constituents constituents confront question whether body may apportioned ways give greater influence citizens affected organization functions question however presented case midland county authorities may concentrate attention rural roads relevant fact powers commissioners include authority make substantial number decisions affect citizens whether reside inside outside city limits midland commissioners maintain buildings administer welfare services determine school districts inside outside city taxes imposed fall equally property county indeed may mere coincidence body apportioned three four voting members chosen residents rural area surrounding city devotes attention problems area paying expenditures tax imposed equally city residents live outside city might point decision exercise function within power decision example build airport library participate federal food stamp program much decision affecting citizens county affirmative decision equal protection clause course require state never distinguish citizens distinctions made arbitrary invidious conclusion reynolds sims bases population acceptable grounds distinguishing among citizens determining size districts used elect members state legislatures hold today constitution permits substantial variation equal population drawing districts units local government general governmental powers entire geographic area served body aware immense pressures facing units local government greatly varying problems must deal constitution require uniform straitjacket bind citizens devising mechanisms local government suitable local needs efficient solving local problems last term example upheld procedure choosing school board placed selection school boards component districts even though component boards equal votes served unequal populations sailors board education rested administrative nature area school board functions essentially appointive form scheme employed dusch davis permitted virginia beach choose legislative body scheme included voting candidates residents particular districts even though residence districts varied widely population sailors dusch cases demonstrate constitution roadblocks path innovation experiment development among units local government bar professor wood called emergence new ideology structure public bodies equipped new capacities motivations wood governments decision today constitution imposes one ground rule development arrangements local government requirement units general governmental powers entire geographic area apportioned among districts substantially unequal population judgment vacated case remanded disposition inconsistent opinion ordered footnotes texas determined neither state federal constitution requires population sole basis apportioning midland county commissioners therefore independent state ground refusal award relief requested petitioner since opinion contemplated proceedings lower texas courts final judgment population govern apportionment commissioners us see mercantile nat bank langdeau construction laborers curry radio station wow johnson cases highest state courts applied principles reynold sims units local government include miller board supervisors cal cal rptr montgomery county council garrott md hanlon towey armentrout schooler mo seaman fedourich bailey jones state ex rel sonneborn sylvester newbold osser seemed assume application reynolds opposition cases decision texas case us brouwer bronkema eight justices michigan divided evenly question among many federal cases applying reynolds sims local government hyden baker supp martinolich dean supp miss strickland burns supp ellis mayor baltimore supp md affirmed remanded cir precedent frequently cited opposition conclusion tedesco board supervisors la app appeal dismissed want substantial federal question petitioner points equal protection clause invoked tedesco districting new orleans city council challenged privileges immunities clause realistic answer tedesco decided years baker carr severely undermined baker succeeding apportionment cases see among great many cases concluding delozier tyrone area school supp cooper aaron see see city seattle thompson city louisville terminiello chicago inequitable apportionment local governing bodies offends constitution even adopted properly apportioned legislature representing majority state citizens majority state constitutional provision referendum accurately apportioned representatives place minority oversize districts without depriving minority equal protection laws deprive minority ballot altogether impose upon tax rate excess paid equally situated members majority government national state local must grant citizen equal protection laws includes equal opportunity influence election lawmakers matter large majority wishing deprive citizens equal treatment small minority object mistreatment lucas colorado general assembly stands square adjudication principles midland county apparently untypical choosing members local governing body districts basis available figures coupled rough estimates samplings made situations various appears percent local government governing boards elected whole part districts large schemes including district residence requirements brief amicus curiae filed sailors board education term local reapportionment cases dept commerce bureau census census governments governmental units prelim rept justice harlan dissenting disagree decision wholly disregards statutory limitations upon appellate jurisdiction state cases betrays insensitivity appropriate dividing lines judicial political functions constitutional system jurisdiction review texas statement reapportioning county future county commissioners may take account factors population holding obviously amount inal judgment within meaning traditional test finality state judgments whether judgment leaves ministerial act done see pope atlantic coast line republic natural gas oklahoma clear acts must performed order bring new apportionment midland county far ministerial character conceivably might even result satisfying petitioner demands without litigation example since statement texas regarding nonpopulation factors merely advisory mandatory county commissioners might choose reapportion county solely basis population thus leaving petitioner nothing complain since requirement finality unwaivable condition jurisdiction see market railroad consider case properly us scores dismiss writ improvidently granted ii continue think adventures realm political science beyond constitutional powers reasons set forth length dissenting opinion reynolds et seq however decided otherwise judicial requires follow political dogma constitutionally embedded consequence decision foreclosed however remonstrating extension decision new areas government present juncture content stating two propositions view stand strongly done today first practical necessities thought justify profound break history made decision baker carr present second notwithstanding reynolds one man one vote ideology provide acceptable formula structuring local governmental units claim made case avenues political redress open correct malapportionment elective local governmental units difficult envisage situation arise local governments creatures may reformed either state legislatures required apportioned according reynolds amendment state constitutions circumstances argument practical necessity force withhold hand supposed necessity arise intruding business restructuring local governments across country another reason least wait suitable period applying reynolds dogma local governments administrative feasibility judicial application one man one vote rule apportionment even state legislatures yet demonstrated number significant administrative questions remain unanswered burden federal courts substantial thus far outcome applying rule state legislatures seems unwise time extend units local government whose bewildering variety sure multiply problems already arisen cast burdens imponderable dimension federal courts frankly astonished ease proceeded fasten upon entire country lowest political levels strong arm federal judiciary let alone particular political ideology subject wide debate differences beginnings nation present case affords one example one man one vote rule especially inappropriate local governmental units texas held matter texas law theoretically commissioners governing body county commissioners represent residents urban rural county developments years greatly narrowed scope functions commissioners limited major responsibilities nonurban areas county come pass city government major concern city dwellers administration affairs county major concern rural dwellers problem trivial one confined midland county stems fact local governments unlike state governments often specialized function application reynolds rule local governments prevents adoption apportionments take account effect specialization therefore may result denial equal treatment upon exercise special powers unequal impact today decision apparent alternative classify governmental unit general power responsibility thereby presumably avoiding application reynolds rule neither outcome satisfies reynolds avowed purpose assure equality voters result also deprives localities desirable option establishing slightly specialized elective units government texas county commissioners varying size constituencies rationally favor government affects majority chosen explicitly deny local governments alternative rejecting even solution texas held present county apportionment impermissible allowed new apportionment reflect factors related special functions county commissioners land areas geography miles county roads taxable values well population despite majority declaration imposing straitjacket local governmental units see ante solution likely undesirable freezing effects local government one readily foreseeable example crucial field metropolitan government common pattern development nation urban areas less affluent citizens migrate remain within central city wealthy move suburbs come city work result impose relatively heavier tax burden upon city taxpayers fragmentize governmental services metropolitan area solution problems institution integrated government encompassing entire metropolitan area many instances suburbs may included metropolitan unit majority vote voters suburb practical matter suburbanites often reluctant join metropolitan government unless receive share government proportional benefits bring merely numbers city dwellers may ready concede much return ability tax suburbs majority pronouncements however rational compromise forbidden metropolitan government must apportioned solely basis population general government functional considerations reinforce belief one man one vote rule possesses simplistic defects inherent judicially imposed solution complex social problem entirely inappropriate determining form country local governments better demonstration proposition made afforded admirable analysis contained dissenting opinion brother fortas respect brother projected solution matter less unsatisfactory bid fair plunge avalanche local reapportionment cases firmer constitutional anchors notions constitutes equal protection given instance deference think way avoiding one hand inequities inherent today decision morass pitfalls follow brother fortas approach decline extend constitutional experiment reynolds leave structuring local governmental units political process belongs provides final judgments decrees rendered highest state decision may reviewed follows magnitude break irrefutably demonstrated justice frankfurter dissenting opinion baker see concurring opinion justice clark baker carr auerbach reapportionment cases one person one vote one vote one value sup rev see advisory commission intergovernmental relations state constitutional statutory restrictions upon structural functional personnel powers local government weinstein effect federal reapportionment decisions counties forms municipal government rev one question extent apportionment may take account population changes occur decennial censuses cf lucas rhodes dissenting opinion writer another degree population variation constitutionally permissible see swann adams cf rockefeller wells dissenting opinion writer see dissenting opinion justice frankfurter baker carr see generally anderson weidner state local government see anderson weidner supra advisory commission intergovernmental relations use house committee government operations governmental structure organization planning metropolitan areas comm print see advisory commission intergovernmental relations alternative approaches governmental reorganization metropolitan areas advisory commission intergovernmental relations use house committee government operations governmental structure organization planning metropolitan areas comm print see anderson weidner supra advisory commission intergovernmental relations alternative approaches governmental reorganization metropolitan areas see advisory commission intergovernmental relations state constitutional statutory restrictions upon structural functional personnel powers local government see weinstein effect federal reapportionment decisions counties forms municipal government rev cf advisory commission intergovernmental relations factors affecting voter reactions governmental reorganization metropolitan areas cf hart sacks legal process tent ed justice fortas dissenting dismiss writ case improvidently granted texas held districting scheme unlawful texas constitution ordered redistricting difficult delicate area await result redistricting may pass upon final product texas exercise governmental powers terms constitutional responsibility upon scheme texas invalidated opinion argues ante texas order final judgment contemplates proceedings texas courts although holds present districting unlawful requires commissioners redistrict reach point acts superimpose formula disagrees standard redistricting texas standard directed redistricting basis number qualified voters land areas geography miles county roads taxable values standard may may produce result find constitutionally acceptable know advance melange factors stated texas emerge mixing machine texas authorities deal problem clear extreme imbalance prevailing eliminated texas held unconstitutional might substitute finally worked majority reject denial equal protection laws last term accepted passing scrutiny constitution perfect plans dusch davis sailors board education however plunges adjudication case midland county texas midstream apparently rejects result might emerge deviates literal thrust one man one vote since adopts simplistic approach apparently majority believes might well say save texas labor devising answer fundamental disagreement believe shall discuss circumstances case equal protection laws may achieved perhaps achieved system takes account complex values factors merely arithmetic simplicity one equals one dusch sailors wisely prudently decided reflect reasoned conservative empirical approach intricate problem applying constitutional principle complexities local government know reason abandon reasonable moderate approach problem local suffrage adopt absolute inflexible formula potentially destructive important political social values reason insist one rule voters local governmental units districts units local government must drawn solely basis population believe powerful reasons insisting upon reasonable regard ratio reject rigid theoretical authoritarian approach problems local government complex involved area careful conservative application constitutional imperatives powerful constitutional commandments surgical instruments tendency hack deeply amputate doubt growth suburbia exurbia problem allocating local government functions benefits urgently requires attention persuaded call hatchet one man one vote duty insist upon due regard value individual vote ignore realities bypass alternatives legislative alternation might provide reynolds sims stands general proposition debasement right vote malapportionment offensive equal protection clause holds allegedly debased vote relates state legislature judicial remedy available adjudicate claim debasement subject permissible deviation remedy require reapportionment population basis although opinion carefully emphasizes appropriateness allowing latitude meet local special conditions insistence upon need general correspondence voting rights population come called one man one vote rule rule appropriate selection members state legislature people state similarly affected action state legislature functions comprehensive pervasive specially concentrated upon needs particular parts state separate group citizens reynolds said citizen stands relation state legislature accordingly variations substantial population equality elections state legislature take away individual voter equality constitution mandates amount debasement citizen vote citizenship said local governmental units certainly unit involved case midland county commissioners special functions directed primarily rural area rural population powers limited specialized light missions residents midland county means rights interests stake election commissioners equal protection rights may certainly take account reality rights interests various segments voting population require treated alike regardless stark difference impact commissioners upon equal protection relates substance citizens rights interests demands protection adapted substance insist upon even permit prescription arbitrary formula wrongly assumes interests citizens elected body judgment departs reynolds holds broadly generally fourteenth amendment forbids election local government officials districts disparate population ante holding literally applied commands completely ignores complexities local government complexities reynolds demand latitude prescription simplicity ruling today comport lack simplicity characterizes miscellany constitutes local governments ii case concedes special purpose unit government rights certain constituents may affected rights others implies one man one vote rule may apply cases see ante says confront implications situation agree submit problem presented many perhaps county governments midland county particular precisely arising units functions many county governing boards less governing bodies units slight impact constituents vast direct impact others affect different citizens residing within geographical jurisdictions drastically different ways study county government leaves one two clear impressions variations unit unit great role structure county government currently state flux county governments differ every significant way number constituents area governed number competing overlapping government units within county form means selection governing board services provided number functions independent county officials sources revenue generalizations made county governments first counties today perform certain basic functions delegated state assessment property collection property taxes recording deeds documents maintenance rural roads poor relief law enforcement administration electoral judicial functions counties begun especially assumption municipal functions counties still act largely administrative instrumentalities state second absence single chief executive diffusion responsibility among numerous independently elected officials general characteristics county government written subject invariably pointed extensive powers exercised within geographical region county officials elected countywide basis special districts organized perform specific tasks often independent officials organs perform crucial functions great importance people within county generalizations apply particular force case population midland county chiefly single urban area urban area municipal government home rule relative autonomy authority deal urban problems contrast midland county government like county governments generally acts primarily administrative arm state provides convenient agency state collect taxes hold elections administer judicial functions improve roads perform functions ordinary duties state powers commissioners governing body midland county strictly limited statute constitutional provision although mere listing authorizing statutes constitutional provisions seem indicate commissioners significant general power impression somewhat illusory often provisions grant power also circumscribe exercise detailed limitations example petitioner cites art viii texas constitution article texas civil statutes granting commissioners authority levy taxes yet time suit tried art viii provided county levy tax excess property valuation article allocated among four constitutional purposes mentioned art viii general county purposes jury fund roads bridges permanent improvements another example authority issue bonds true majority notes commissioners authority yet title texas civil statutes sets detailed code concerning purposes bonds may issued significantly article provides county bonds shall never issued purpose unless bond issue submitted qualified voters county important statutory constitutional limitations limited power function commissioners reflected actually record briefs give complete picture workings commissioners apparent commissioners primarily concerned rural affairs particularly rural roads one commissioner testified largest item county budget roads bridges according commissioner county maintain streets within city midland commissioners seem quite content let city council handle city affairs thing city midland city council mayor run business whole county run texas stated theoretically commissioners governing body county commissioners represent residents urban rural county developments years greatly narrowed scope functions commissioners limited major responsibilities nonurban areas county come pass city government legislative executive judicial branches major concern city dwellers administration affairs county major concern rural dwellers texas stated county commissioners charged management control county business affairs various officials elected voters county spheres delegated law within commissioners may interfere usurp officials elected direct one man one vote countywide basis include assessor collector taxes county attorney sheriff treasurer county clerk county surveyor county judge presiding officer commissioners also elected countywide basis county officials employees appointed commissioners elected officials generally residents city probably preponderant vote commissioner testified every elected official midland county today except three rural commissioners way back years elected people live city limits midland another commissioner testified employees county four elected lived rural precincts elected officials three rural commissioners lived outside city limits noted fifth member commissioners chairman county judge elected large county apparent city people much control county government election commissioners indicate many county functions concern city example tax assessment collection jurisdiction officials elected county large sum commissioners functions powers quite limited defined restricted primary preponderant impact rural areas residents extent impact city quite limited extent direct impact city relevant powers important respects placed hands officials elected one man one vote basis indeed viewed terms realities rights powers appears city residents power elect officials important rural residents electoral power respect commissioners exercises powers primarily interested face hold substantial variation equal population may allowed equal protection clause ignore substance rights powers involved denies implement substantive equality voting rights like insisting stockholder corporation one vote even though stake may stake others constitution force result equal protection laws served despite fact shown many governmental powers county exercised officials elected large powers commissioners limited insists commissioners unit general governmental powers simply except superficial sense impressed fact jurisdiction commissioners extends entire area county form reality substance shibboleth govern admittedly complex subtle area substance geographical extent commissioners limited meaning midland county commissioners primary focus nonurban areas upon nonurban people true county revenues come largely city midland commissioners fixes tax rate subject specific limitations provided legislature must spend tax revenues categories percentages legislature fixes taxes assessed collected official elected countywide basis quite likely city dwellers given control commissioners reduce load spent primarily rural area state matter state legislature presumably city dwellers fairly represented reynolds sims wishes reduce load may unless ready adopt position federal constitution forbids state taxing city dwellers aid rural neighbors fact city dwellers pay taxes determine composition county governing body use tax impact sole controlling basis vote distribution merely one number factors including functional impact county government taken account determining whether particular voting arrangement results reasonable recognition rights interests citizens certainly neither tax impact relatively services rendered within city midland compel state vest practically voting power city residents virtual denial voice dependent county government roads welfare essential services iii texas noted commissioners texas judicial courts power redistrict view may prove troublesome bound anticipate either commissioners properly job texas otherwise put house order midland county reynolds sims put equal protection clause radical new use holding mainstream equal protection cases cases hold people stand relationship government treated differently government mark inferior implying inferiority civil society strauder west virginia inferiority status community brown board education treat somehow less people since legislatures responsible enacting laws citizens governed bodies collectively responsive popular concept equal protection traditionally viewed requiring uniform treatment persons standing relation governmental action questioned challenged respect allocation legislative representation voters citizens state stand relation regardless live extent citizen right vote debased much less citizen dept commerce bureau census census governments governmental units prelim rept complexities exist given case functions governing unit involved essentially equal impact upon citizens within geographical jurisdiction one man one vote rule apply reynolds city councils example effect miniature state legislatures county governing units geographical jurisdiction city includes reasonably homogeneous rural areas see adrian state local governments snider local government rural america hereafter cited snider international union local authorities local government america hereafter cited local government national municipal league model county charter see generally duncombe county government america hereafter cited duncombe see duncombe see dept commerce bureau census census governments governmental organization table see dept commerce bureau census governing boards county governments see duncombe see duncombe see dept commerce bureau census census governments finances county governments table see duncombe see anderson weidner state local government snider local government see ibid duncombe snider population midland county lived urban area governed municipal government dept commerce bureau census census governments government organization tex art xi young place system texas elections institute public affairs university texas see benton texas government politics hereafter cited benton maccorkle smith texas government hereafter cited maccorkle patterson mcalister hester state local government texas hereafter cited patterson municipal county government claunch ed gantt dawson hagard eds governing texas documents readings mccleskey government politics texas hereafter cited mccleskey provision texas constitution applies counties art ix provision virtually unworkable counties operating home rule benton see also mccleskey maccorkle amendment art viii maintains limitation still speaks four constitutional purposes provides though county may put tax money one general fund without regard purpose source tax discussion county taxing power sources county revenue see benton testimony appears typed transcript record portions printed parties see supra commentators texas local government noted lack control commissioners see maccorkle mccleskey benton article viii art art art xvi art art xvi texas constitution respectively article texas constitution description county officials generally functions see mccleskey maccorkle patterson listing county officials elected see dept commerce bureau census census governments elective offices state local governments prelim rept see supra note supra testimony effect county judge votes case tie vote appears limitation may county judge enjoys equal voting rights members commissioners includes right make second motion right vote whether tie among votes members opinions attorney general texas see mccleskey assessor collector taxes elected qualified voters county large tex art viii dept commerce bureau census census governments elective offices state local governments prelim rept commissioners power adjust assessor collector valuation art viii texas constitution however testimony indicated commissioners sits hear taxpayer complaints days year commissioners go assessor collector tax rendition sheets sends notices taxpayers cf weinstein effect federal reapportionment decisions counties forms municipal government rev justice stewart dissenting dismiss writ improvidently granted reasons stated justice harlan justice fortas since reach merits however add agree said thorough dissenting opinion justice fortas indeed join opinion author unquestioning endorsement doctrine reynolds sims continue believe opinion case misapplied equal protection clause fourteenth amendment apportionment legislative body sovereign state less apportionment county government far subtle complicated business resolved matter constitutional law terms arithmetic views score set length elsewhere closely parallel expressed justice fortas present case lucas colorado general assembly dissenting opinion