objection. I would suggest, however, that the counsel stipulate whatever number there are, signed the petition. You can do as you please.

MRS. ROESER: I think we already stipulated that is what he would testify to. But we object to the admissibility.

THE COURT: That is true. Counsel stipulated that is what he would testify to. Although I sustained the objection to both the declaration and what he would testify to on the grounds of irrelevancy. The facts are there, and they are uncontradicted. And if, for instance the appellate court found that I have erred, and I should have entertained that evidence, then it is there.

MR. ENSTROM: Yes, your Honor. Of course, I am urging that in these cases where the Court assumes a legislative role, there is a great deal more latitude as to what your Honor is required to consider in all of these matters. In other words, certainly a legislative committee which would consider these matters....

THE COURT: Especially one that wanted to be returned to office.

MR. ENSTROM: My point is, where the Court assumes a legislative role, along with that goes greater latitude as to what evidence you want to receive.

THE COURT: You know, Mr. Enstrom, judges are never consistent. You know that. I sustain the objection.

MR. ENSTROM: [Paragraph] Number 12, the allegation of course is the presentation to the Board of these 5,900-plus signatures, which goes to show again this long, deep, and continuing opposition to the forced busing as it bears on white flight.

THE COURT: Just a moment. Yes, go ahead.

MR. ENSTROM: Number 12, that bears on white flight, particularly. When I refer to white flight, I am talking about the issues of objectors leaving the school system, which has been a matter about which evidence has been received. And I don't think it is necessarily referring to any particular race.

THE COURT: No... Still... I sustain the objection to the declaration....