(dissenting).
I respectfully dissent from the majority opinion, because census estimates supported by other clear and objective data convince me that this Court should not in 1976 act on the basis of interpolated 1970 figures. The 1970 U.S. Census figures utilized by the Court as a basis for its decision were founded upon Memphis & Shelby County Planning Commission interpolations of 1970 census population figures from census tracts which were not co-extensive with wards and precincts located within the Sixth, Seventh, and Eighth Congressional Districts within Shelby County, Tennessee. Upon this stipulated 1970 information as to the population of these three Districts — 473,060, 487,583 and 510,031, respectively, it was ruled that malapportionment existed in the Sixth and Eighth1 Congressional Districts, but action was deferred pending an opportunity for the 1975 Tennessee legislature to study, investigate and act, as appropriate, with respect to any necessary re-apportionment.
The particular circumstances pertaining to the division of Shelby County into three Congressional Districts had been the subject of considerable legislative scrutiny in 1972 when the impact of ward and precinct designation became apparent within the largest County in the State. No action was taken; subsequently this suit was then instituted by several citizens seeking to bring about by judicial action what the Tennessee legislature had declined to undertake.
Although the matter was called to the attention of the Tennessee legislature, no action was taken by that body during the 1975 sessions to effectuate any change in the Sixth, Seventh or Eighth Congressional Districts.2 Plaintiffs, by new counsel, *1044moved for supplementary relief in accordance with the bill which failed in the State Senate, but received House approval. Intervenors, one group of residents of the Seventh Congressional District, sought essentially to preserve its present make-up; another, the Shelby County Republican Party, opposed the proposal of redistricting and set forth its own plan premised on further population data after 1970.
All of the parties agree on one principal issue — that if any adjustments were to be made there should be a transfer of certain wards and precincts within Shelby County only, not any shift of Counties within the present Districts which are situated in the western portion of the State. The State legislature may consider the most reliable indicator of population in arriving at a decision respecting apportionment or reapportionment of Congressional Districts. Exon v. Tiemann, 279 F.Supp. 603, 608 (D.Neb.1967; 3 Judge Court); Meeks v. Avery, 251 F.Supp. 245 (D.Kan.1966; 3 Judge Court); Gong v. Kirk, 278 F.Supp. 133 (S.D.Fla.1967; 3 Judge Court); Aff’d., 389 U.S. 574, 88 S.Ct. 695, 19 L.Ed.2d 784 (1968); Wells v. Rockefeller, 273 F.Supp. 984 (S.D.N.Y.1967; 3 Judge Court).3 It may be presumed that the Tennessee legislature considered later data concerning population of the Districts in question during its 1975 Session, subsequent to 1970 census data. Prior to the vote in the Senate, the United States Census Bureau issued new estimates of the population of Congressional Districts in the United States (Dept, of Commerce News, CB 75-64, 3/21/75) which showed estimates for July 1, 1974, of the Districts to be:
Sixth 518,000
Seventh 520,000
Eighth 504,000
The average population of the eight Congressional Districts in Tennessee was 516,-125 according to this census estimate. In June of 1975, by a publication of the Department of Commerce, Bureau of the Census (Series P-25, No. 587) the 1973 estimates for Counties and populated places in Tennessee was explained in detail. It was found that comparisons of the administrative determinations with federal-state co-op estimates4 were favorable and the “level of accuracy suggested by these averages is quite good,” and, in summary, “yields results that compare favorably with existing methods and provides acceptable estimates, systematically, in geographic detail on a current basis not available from any other known source (short of a full-scale census).” Furthermore, it was concluded that “the level of accuracy of the estimates implied by the test results would appear to be acceptable for most uses where current population figures are required. It is in line with the quality level recommended or proposed for a variety of legislature purposes.” The difference between administrative records estimates and co-op estimates, according to this report, was less than 3% in Counties with population between 10,000 and 25,000; and less than 2fh% in Counties with more than 25,000 population (see Table 3). Indeed, the average percent difference between the population estimates using administrative records-based data and actual census counts in 1970 was less than 2%. (Comparing entire Counties alone showed a 1.3% difference). According to 1973 estimates, a June, 1975, census publication showed tremendous growth percentage-wise in suburban towns in Shelby County located in the Sixth Congressional District; Germantown 65% from 1970 to 19735; and Collierville 31% during the same period. According to these same estimates, the City of Memphis (mostly comprising the Eighth District) grew a modest five per cent during this three year period (comparable generally to eight towns in agrarian Seventh *1045District Tipton County). These various comparisons, however, demonstrated a general supportive accuracy of these official census estimates of 1973 and 1974.
Courts may also take into consideration orderly, objective and accurate records beyond the decennial census figures where substantial population shifts have been reflected. Calkins v. Hare, 228 F.Supp. 824 (E.D.Mich.1964); Kirkpatrick v. Preisler, 394 U.S. 526, 89 S.Ct. 1225, 22 L.Ed.2d 519 (1969). Table 3 appended reflects that outside Shelby County, the population of the 19 Counties making up the Sixth Congressional District grew by an estimated 40,000 from 1970 to July 1, 1974. During this same period, the population growth outside Shelby County of the fourteen Seventh District Counties was only an estimated 16,500. Shelby County Election Commission figures show a steady and consistent growth of registered voters in Shelby County from 1970 through 1975 in the Sixth Congressional District towns in Shelby County, reflecting the large over-all increase in that Congressional District (see Table 4 appended). A comparison of registered voters in Shelby County from 1972 through 1975 shows a comparative shift from the Eighth Congressional District portion to the Sixth Congressional District further buttressing the estimates discussed (see Table 5 appended).
The census estimates as of July 1, 1974, for the three Congressional Districts within Shelby County reflect 89,800 for the Sixth; 141,100 for the Seventh; and 504,000 for the Eighth (see Tables 3 and 6). Thus, the 1974 census estimates would show approximately 12% of the Shelby County population to be in the Sixth Congressional District, approximately 19% in the Seventh, and nearly 69% in the Eighth. At the same time, the percentage of registered voters and actual voters within Shelby County during 1974 and 1975 was about 15% in the Sixth Congressional District and in the Seventh Congressional District (see Tables 5 and 7). This would clearly tend to indicate that the population of the Sixth Congressional District in 1974 (and 1975) exceeded that of the Seventh and Eighth Districts, particularly when it is taken into consideration that the “growth” Counties from 1970 to 1974 were virtually all located in suburban Shelby (outside the City of Memphis) and those Counties surrounding Nashville and Davidson County.6
Most cities in the United States lost population during the 1960-1970 era, except for gains in the suburban surrounding areas by way of annexation. The 1960 City Limits of Memphis, for example, contained, according to the census, 497,524 persons. That same area had, according to the 1970 census, only 486,968 persons. Growth of 136,-562 occurred through annexation into some areas of the Sixth and Seventh Congressional Districts as constituted in 1970. (Statistical Abstract, U. S. Census, Tenn., Vol. 1, Part A, Sec. 2, Table 44-14). The National Planning Data Corp. (NPDC) by contract with the Census Bureau assisted in census tract estimates in 1974 and 1975 with regard to the division of Congressional Districts in Shelby County. The estimate of this company, engaged in statistical studies, showed approximately 510,000 population in the Eighth Congressional District, some 1% more than the census estimate itself. While that corporation’s representative, Mr. Francese, testified as an expert called by the Shelby County Republican Party Intervenor, the Court was not persuaded by his independent testimony and analysis of the accuracy of his 1974-1975 estimates. It was strongly suggested, for example, that NPDC underestimated the Germantown population for that period by Professor Pursell, an expert hired by plaintiffs. To some considerable degree, however, these NPDC estimates, supported by census administrative estimates and federal-state co-op efforts, as well as special census data taken since 1970, indicate clearly *1046the growth of the Sixth Congressional District population relative to the Eighth District since 1970. The Seventh District has been demonstrated to have grown less since 1970, both within and without the Shelby County portion of that District. Professor Pursell, moreover, testified that Shelby County was losing and had lost black population by net migration at the rate of 7% or 8% per decade since 1960. Most of the black population in Shelby County lives within the City of Memphis, particularly the Eighth Congressional District. These references are supportive of the substantial accuracy of the Congressional District estimates made by the Census Bureau in 1974, particularly with regard to a stagnant, even a slackening, population since 1970 of the Eighth District inside the city limits of Memphis.
The population trends discussed are satisfactorily documented and supported throughout West Tennessee to indicate reasonably and accurately substantially equal populations between the Sixth and Seventh Congressional Districts at the present time. The Eighth Congressional District is reliably estimated to be the smaller of the three. It would, therefore, be inappropriate and inequitable under the circumstances to force reapportionment as sought by plaintiffs, particularly in the face of legislative unwillingness to act in reference to subsequent demonstrated population adjustment.
I would, accordingly, decline to order a re-districting under the particular and peculiar circumstances here related. To follow plaintiffs’ suggestion, in my judgment, would be to aggravate further the indicated present imbalance between the three Congressional Districts involved. I would agree, however, that under normal circumstances the ordinary basis for apportionment would be decennial census figures, which are doubtless the most reliable and accurate basis for congressional apportionment as required by the Constitution and the law. See Kirkpatrick v. Preisler, supra.
I find and conclude that the circumstances and data alluded are so convincing that this Court should decline to grant any of the parties relief requested; instead, the present ward and precinct make-up of Shelby County should be retained as to the Sixth, Seventh and Eighth Congressional Districts.
*1047
*1048
NOTE: Estimates of U. S. Census Bureau and Tennessee State Planning Office
*1049
(From Shelby county Election commission)
NOTE: According to U. S. Census Bureau population estimates, in July, 1973, Collierville had a population of 4785 and Germantown a population of 5737. This reflected a three year growth from 3651 and 3474,respectively, from 1970 census figures*, a composite 47% growth. Bartlett and Raleigh had comparable growth in the same period within the Seventh Congressional District area of Shelby County.
*1050
*1051
(Per Shelby County Election Commission)
*1052
Only two (2) counties (Lake and Gibson) based on the same estimates, both in the 7th District, lost population during this same four (4) year period.
Three (3) Counties near Nashville had an estimated increase of nearly 22,000 reflecting suburban growth in that area.
. Located entirely within the City of Memphis.
. A bill to change the composition of these Districts passed the Tennessee House, but failed to pass in the State Senate by a bipartisan vote of the Senators from the affected area of West Tennessee (two of the Democrat majority Senators cast a “no” vote from the Sixth Congressional District, representing the 22nd and 23rd State Senate Districts). The one independent Senator in the Senate was recorded as not present (see vote tabulation appended as Table 1).
. Affirmed, 389 U.S. 421, 88 S.Ct. 578, 19 L.Ed.2d 651 (1967).
. Co-op estimates are those of the Census Bureau’s Federal-State cooperative program for local population estimates.
. Professor Pursell complained that a 1974 special census showed a much larger growth in Germantown than the 1973 estimate indicated, even taking into account a substantial annexation in January, 1974.
. Williamson, Dickson and Montgomery Counties grew more than any other Counties (except Lewis) all in the Sixth Congressional District. This has been a continuing pattern since the 1960 census. (See Table 8 appended).
the census figures do not coincide with the 1970 population interpolations from census data as to ward boundaries of these communities by the Memphis and Shelby County Planning Commission.