250 F. Supp. 537

JAMES A. WALSH, District Judge
(concurring specially).
I am unable to understand the statement on page 549 of the opinion of our dissenting brother to the effect that the majority countenances a known deviation percentage from ideal as between House District No. 1 and House District No. 6 of more than 22 per cent. As is very clearly shown by the majority’s Finding of Fact No. 6, the deviation percentage-wise from ideal for House District No. 1 is +15.569 per cent; and the deviation percentage-wise from ideal for House District No. 6 is -6.519. It appears that our brother has calculated the percentage difference between the populations of the House Districts, rather than the percentage which the decided cases have held to be important, that is, the deviation between the actual population in a legislative district and the population which would be ideal for such district.
As to our brother’s further statement that the majority decision permits on its face a deviation of more than 31 per cent, I must confess that after restudying the majority’s Findings, Conclusions and Decree and the majority’s Opinion, I am unable to find any basis for this statement in the dissent.

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