(dissenting).
The fundamental law of Idaho provides that the people of the state shall be represented in the House of Representatives on a basis of equality. Organic Act, Territory of Idaho, § 4; Idaho Const. Art. 1, §§ 2 and 3, Art. 3, §§ 2 and 4; U.S.Const. Amendment 14, § 1; Ballentine v. Willey, 3 Idaho 496, 31 P. 994; Annotation 2 A. L.R. 1337; Baker v. Carr (1962), 82 U.S. 691. The only permissible deviation from this basic right of equality is that engendered by necessary compliance with the constitutional provisions for one senator and one representative from each county, and a total house membership of not more than three times the number of senators. Within these limits it is the duty of the legislature under Art. 3, § 4, to apportion the house membership among the counties as nearly as possible in ratio to the voting population of each, and to revise such apportionment whenever changes in population disclose any inequality which can be corrected.
The record in this case establishes the fact that both the 1941 and 1951 apportionment acts provided for representation in the house on a grossly disproportionate basis. The record also reveals that those acts did not provide for representation on a basis as nearly proportionate to population as the constitution commands and permits. The 1941 and 1951 apportionment acts are, therefore, unconstitutional.
The record suggests that the 1933 act does not provide for representation on a basis as nearly proportionate to population as could be accomplished within the foregoing constitutional limitations. However, the constitutionality of that act is not here drawn in question. Furthermore, it is conceded that the 1933 act does provide for representation in the house more in relation to the popúlation of the various counties than does either the 1941 or 1951 act. Its *277validity, therefore, can he defended with better grace.
The judgment should be affirmed.