have been declared unconstitutional by the Federal court and that the provision of Section 29 stating that each senatorial district shall be represented by one senator and no more, no longer is in effect and therefore cannot be violated; that the issue raised by the petitioners is res judicata in that it was decided in the 1965 Federal court decision. The respondents further assert that the plan for reapportioning the State Legislature, as contained in the amendments to Sections 26, 29, and 35 of the North Dakota Constitution and adopted by the people in June of 1960, was adopted by the people as a "little Federal system" under which the representation in the Legislature was to be determined not only on the basis of population but also onthe basis of area; that since the intent of the people to adopt a "little Federal system," in approving such plan for determining representation in the Legislature, cannot be given effect in the light of subsequent United States Supreme Court decisions holding that such representation must be on the basis of population alone, all of Section 29, as amended in 1960including the provision that each senatorial district shall be represented by one senator and no moremust be held to be invalid.
To this argument, the petitioners respond that Section 29, providing for one senator and no more for each senatorial district, has been a part of the North Dakota Constitution since statehood and was not first adopted when the amendments of June 1960 were approved by the people.
We first