REPORTER'S NOTE The next page is purposely numbered 901. The numbers between 814 and 901 were intentionally omitted, in order to make it possible to publish the orders in the current preliminary print of the United States Reports with permanent page numbers, thus making the official citations immediately available. ORDERS FROM APRIL 21 THROUGH JUNE 7, 1972 Miscellaneous Orders APRIL 21, 1972 No. A-1096. BROWN ET AL. v. APODACA ET AL.; and No. A-1097. NORVELL, ATTORNEY GENERAL OF NEW MEXICO V. APODACA. Sup. Ct. N. M. Applications for stay having been filed on April 19, 1972, and responses thereto filed late yesterday afternoon, presented to MR. JUSTICE WHITE, and by him referred to the Court, judgment of the Supreme Court of New Mexico entered on April 17, 1972, which among other things ordered exclusion from the ballot of candidates who have not paid the statutory filing fees, is hereby stayed until Tuesday, April 25, 1972, or further order of the Court. No. A-1105. FORTSON, SECRETARY OF STATE OF GEORGIA V. MILLICAN.. D. C. N. D. Ga. Application for stay presented to MR. JUSTICE POWELL, and by him referred to the Court, granted. It is ordered that the order of the United States District Court for the Northern District of Georgia, of April 19, 1972, in Civil Action File No. 16401, be, and the same is hereby, stayed pending further order of this Court. No. A-1106. GEORGIA ET AL. V. UNITED STATES. D. C. N. D. Ga. Application for stay presented to MR. JUSTICE POWELL, and by him referred to the Court, granted. It is ordered that the order of the United States District Court for the Northern District of Georgia, of April 19, 1972, in Civil Action File No. 16373, be, and the same is hereby, stayed pending further order of this Court. MR. JUSTICE MARSHALL is of the opinion that the application should be denied. 406 U.S. APRIL 24, 1972 Dismissal Under Rule 60 No. 71-1057. STANDKE ET AL. v. B. E. DARBY & SONS, INC. Sup. Ct. Minn. Petition for writ of certiorari dismissed pursuant to Rule 60 of the Rules of this Court. Reported below: 291 Minn. 468, 193 N. W. 2d 139. Affirmed on Appeal No. 71-975. ATCHISON, TOPEKA & SANTA FE RAILWAY CO. ET AL. v. CHICAGO & NORTH WESTERN RAILWAY Co. ET AL. Affirmed on appeal from D. C. C. D. Cal. MR. JUSTICE MARSHALL took no part in the consideration or decision of this appeal. Appeals Dismissed No. 70-5093. DANIELS v. HIRSHBERG, HOSPITAL SUPERINTENDENT. Appeal from Sup. Ct. Fla. dismissed as moot. Reported below: 243 So. 2d 144. No. 71-1101. REITZ ET UX. v. TOWN OF VANDEN BROEK. Appeal from Sup. Ct. Wis. dismissed for want of substantial federal question. MR. JUSTICE STEWART would dismiss the appeal as moot. Reported below: 53 Wis. 2d 87, 191 N. W. 2d 913. No. 71-1135. RIDGILL v. GULF RESTON, INC., ET AL. Appeal from Sup. Ct. Va. Motion to consider latedocketed appeal granted. Appeal dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied. Miscellaneous Orders* No. A-1053. MCKENNA v. UNITED STATES. C. A. 7th Cir. Application for bail presented to MR. JUSTICE DOUGLAS, and by him referred to the Court, denied. *For Court's order prescribing amendments to the Federal Rules of Criminal Procedure and an amendment to the Federal Rules of Appellate Procedure, see post, p. 981. No. A-1085. GARRISON V. UNITED STATES. C. A. 5th Cir. Application for stay presented to MR. JUSTICE DOUGLAS and by him referred to the Court, denied. No. A-1090. HOLT v. CITY OF RICHMOND ET AL. C. A. 4th Cir. Application to enjoin elections for City Council of the city of Richmond, Virginia, scheduled for May 2, 1972, presented to THE CHIEF JUSTICE, and by him referred to the Court, granted. MR. JUSTICE WHITE and MR. JUSTICE POWELL took no part in the consideration or decision of this application. THE CHIEF JUSTICE, with whom MR. JUSTICE BLACKMUN and MR. JUSTICE REHNQUIST join, concurring. In joining in MR. JUSTICE BLACKMUN's opinion concurring in the judgment in Perkins v. Matthews, 400 U. S. 379, 397 (1971), I indicated that "[g]iven the decision in Allen v. State Board of Elections, 393 U. S. 544 (1969)," the result reached by the Court in Perkins followed. The instant motion for a stay is not an appropriate occasion to reconsider the holdings in Allen and Perkins. Hence, I see no alternative but to grant the requested stay of the May 2, 1972, election. Perkins squarely held that an annexation enlarging a city's number of eligible voters constitutes a change of a "standard, practice, or procedure with respect to voting" within the meaning of §5 of the Voting Rights Act of 1965, 79 Stat. 439, 42 U. S. C. § 1973c. That being the case, as stated in the memorandum of the United States as amicus curiae filed in this matter in the United States District Court for the Eastern District of Virginia, "[t]he legal effect of the . . . objection by the Attorney General, when coupled with the absence of a declaratory judgment from the United States District Court, District of Columbia, is to preclude the city from holding an election on an at-large basis." |