State Ex Rel. Burrow v. Jolly, County Judge

Griffin Smith, Chief Justice.

Appeal is from a Randolph Circuit Court judgment that Act 73, approved February 19, 1943, 1 invades Amendment No. Fourteen to the Constitution. We agree that it does.

The Act, initially, directs appointment (and later election) of road overseers “. . . in any of the counties . . . having a population between 18,300 and 18,350, or which may hereafter contain a population of not less than 18,300 nor more than 18,350.”

According to the 1940 Federal Census, Randolph County had a population of 18,319 — nineteen more than the minimum, and thirty-one less than the maximum,…