dissenting.
I accept the view that reapportionment is essentially a legislative function and that the Commission’s judgment should be given at least the deference that a statute enacted by the legislature receives. McMullan v. Wohlgemuth, 453 Pa. 147, 308 A.2d 888 (1973). I also agree that there must be an honest and good faith effort to design the legislative districts in a fashion that provides an equality of population to insure the vote of the individual. Reynolds v. Simms, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964); Commonwealth ex rel. Specter v. Levin, 448 Pa. 1, 293 A.2d 15 (1972). My concern with the instant plan is that it appears to have *541become so dedicated to the latter principle that it ignored the other constitutional considerations which were also designed to facilitate the functioning of a representative form of government. Gaffney v. Cummings, 412 U.S. 735, 93 S.Ct. 2321, 37 L.Ed.2d 298 (1973). Although we do not dismiss a plan because “fortuitously” another may have constructed a better one, the fact that a better one may be easily designed which accommodates all of the constitutional concerns may strongly suggest the constitutional invalidity of the selected plan.
From the plan submitted and the alternatives suggested, it appears that the Commission could have given due deference to the principle of “one person one vote” and, nevertheless, accorded meaningful expression to the provision which provides:
§ 16. Legislative districts
The Commonwealth shall be divided into fifty senatorial and two hundred three representative districts, which shall be composed of compact and contiguous territory as nearly equal in population as practicable. Each senatorial district shall elect one Senator, and each representative district one Representative. Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district.
Pa.Const.Art. II, § 16.
Comparing the number of “splits” of county and municipal lines under the present prof erred scheme (Senate 45: House 235) with that approved in Specter, (Senate 36; House 169), it is clear that the concerns of Article II, Section 16 have not been given sufficient consideration.
In addition, I believe the requirements of contiguous and compact districts goes beyond a geographical concern, and it also embraces the concept of a homogeneity of the district, Cf. Gaffney v. Cummings, supra., to facilitate the functioning of a representative form of government particularly in smaller units such as state representative districts. White v. Regester, 412 U.S. 755, 93 S.Ct. 2332, 37 L.Ed.2d 314 (1973); *542Mahan v. Howell, 410 U.S. 315, 93 S.Ct. 979, 35 L.Ed.2d 320 (1973).
I would remand the plan to the Commission for the purpose of reconsideration and redrafting in such a form that all of the constitutional concerns are addressed.