ical
areas were likewise unsuccessful. The Court refused, in Colegrove _v._
Green,[1183] to interfere to prevent the election of Representatives in
Congress by districts in Illinois, because of unequal apportionment. Two
years later, in MacDougall _v._ Green[1184] it held that a State law
requiring candidates of a new political party to obtain a minimum number
of signatures on their nominating petitions in each of 50 counties did
not withhold equal justice from the overwhelming majority of the voters
who resided in the 49 most populous counties. Over the dissent of
Justices Black and Douglas it affirmed the action of a federal district
court in dismissing a complaint challenging the validity of Georgia's
county unit election system, under which the votes of residents of the
most populous county have on the average but one-tenth the weight of
those in other counties.[1185]
PROCEDURE
General Doctrine
The equal protection clause does not exact uniformity of procedure.
State legislatures may classify litigation and adopt one type of
procedure for one class and a different type for another. The procedure
followed in condemnation suits brought by a State need not be the same
as in a suit started by a private corporation.[1186] Procedural rules
may vary in different geographic subdivisions of the State; the State
may be given a larger number of peremptory challenges to jurors in
capital cases in cities having more than 100,000 inhabitants than in
other areas.[1187] A State may require that disputes on the amount of
loss under fire insurance policies be submitted to arbitration.[1188] It
may prescribe the evidence which shall be received and the effect which
shall be given it; proof of one fact, or of several facts taken
collectively, may be made _prima facie_ evidence of another fact, so
long as it is not a mere arbitrary mandate and does not discriminate
invidiously between different persons in substantially the same
situations.[1189] A plaintiff in a stockholder's derivative suit may be
required to give security if he does not own a specified amount of
stock; the size of his financial interest may reasonably be considered
as some measure of his good faith and responsibility in bringing the
suit.[1190]
Access to Courts
The legislature may provide for diversity in the jurisdiction of its
several courts, both as to subject matter and finality of decision, if
all persons within the territorial limits of the res
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