Kingston

This is an appeal from an order discharging an alternative writ of mandate and denying a peremptory writ. On December 2, 1963, petitioner in the trial court, appellant here, filed his petition for a writ of mandate asking that the Board of Supervisors of El Dorado County, respondents here, be commanded to proceed forthwith to *456 realign the supervisorial districts of the county so as to make them as nearly equal in population as possible.

The petition alleged that although by section 25001 et seq. of the Government Code boards of supervisors in the several counties were required from time to time to equalize such districts in respect of population, yet a great imbalance had long existed in El Dorado County, and the board had refused to comply with the law. The answer to the petition, while admitting that petitioner had requested a revision of district boundaries and had been told by the supervisors that they would not comply with this request, nevertheless denied that there was, or that there had been, a great inequality in the population of the existing districts, and denied that the board had refused or failed to redistrict in accordance with the law. The answer further…

I concur in the result. Only the rub of time and new legislation, not the intrinsic or presumed correctness of the trial court judgment, justifies affirmance.

It is true, as the majority opinion points out, that petitioner has designated an appeal record consisting of little more than the judgment roll. Incorporated in the responsive pleading filéd by El Dorado County, thus included in the -judgment' roll, was a tabulation showing the following dis *461 tribution of registered voters among the five supervisorial districts of El Dorado County in December 1962:

Percentagewise, this distribution is approximately as follows:

In the establishment of supervisor districts population, not equality of voter registrations, is the criterion. Experience tells us, however, that registered voter statistics supply a fairly adequate measure of population distribution. (See Griffin v. Board of Supervisors, 60 Cal.2d 318, 320 [ 33 Cal. Rptr. 101 , 384 P.2d 421 ], 1 Thus, on the record before us, the most populous district of El Dorado County contains more than five times the inhabita]its of the least populous, more than three times the number of the next two and twice that of the remaining…