Etowah County Defendants' Witness List; Defendants' Exhibit List; Order Tentatively Approving Talladega County Compromise and Requiring Notice; Notice to Class

    v J /. ~f 

Rae, 8/27/78 

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 
i et als, 

3 * 

DEFENDANTS 

The Etowah County Defendants may call the following 

witnesses at the trial scheduled in this cause for July 23, 

1986. By listing a potential witness, Etowah County Defendants 

do not commit to actually calling the witness to testify, nor to 

actually having the witness available to testify. 

1. Ronald E. Weber, Ph. D. 
Department of Political Science 
Louisiana State University 
Baton Rouge, LA 70803 

2. ‘David L. Martin, Ph. D. 
Political Science Department 
Auburn University 
Auburn, AL 36849 

3. Robert V. Hitt 
Chairman, Etowah County Commission 
Etowah County Courthouse 
800 Forrest Avenue 
Gadsden, AL 35999 

4. Marcell Redden 
Chief Clerk, Probate Office 
Etowah County Courthouse 
Gadsden, AL 35999 

 



  

10. 

1. 

12. 

13. 

14. 

15. 

Lee Wofford 
Judge of Probate 
Etowah County Courthouse 
Gadsden, AL 35999 

Q. D. Adams 
Baliff, Judge Donald Stewart 
Etowah County Courthouse 
Gadsden, AL 35999 

Billy Yates 
Circuit Clerk 
Etowah County Courthouse 
Gadsden, AL 35999 

Billy McKee 
Associate Commissioner 
Etowah County Commission 
Etowah County Courthouse 
Gadsden, AL 35999 

Jesse Burns 

Associate Commissioner 
Etowah County Courthouse 
Gadsden, AL 35999 

Wendell Bryant 
Associate Commissioner 
Etowah County Courthouse 
Gadsden, AL 35999 

W. A. Lutes 

Associate Commissioner 
Etowah County Courthouse 
Gadsden, AL 35999 

Mr. Charles Twine 

Rt. 1 

Ridgeville, AL 35954 

Mr. Charles Adair 
Rt. 1 
Ridgeville, AL 35954 

Mr. Earl Lipscomb 
Rt, 
Ridgeville, AL 35954 

Mrs. Hazel Willis 
Rt. 1 
Ridgeville, AL 35954 

 



  

16. Mr. James Gibbs 
Rt. 1 
Ridgeville, AL 35954 

17. La Revia Gray 
114 Pinehurst St. 
Gadsden, AL 35903 

18. Ms. Joyce Riggins 
800 Forrest Avenue 
Gadsden, AL 35901 

FLOYD, KEENER & CUSIMANO 

ATTORNEYS FOR DEFENDANT 

ETOWAH COUNTY 

816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-63 

  

I hereby certify that a copy of the foregoing has been 
mailed to Larry T. Menefee, Attorney, P. O. Box 1051, Mobile, 
Alabama 36633; Terry G. Davis, P. O. Box 6215, Montgomery, 
Alabama 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 
Street, 16th Floor, New York, New York 10013; Edward Still, 714 
South 29th Street, Birmingham, AL 35233; and Reo Kirkland, Jr., 
P. O. Box 646, Brewton, AL 36427, Alton Turner, Crenshaw County 
Attorney, P. O. Box 207, Luverne, AL 36049, Dave Martin, 
Lawrence County Attorney, 215 S. Main Street, Moulton, AL 35650, 
Warner Rowe, Coffee County Attorney, 119 East College Avenue, 
Enterprise, AL 36330, H. R. Burnham, Calhoun County Attorney, P. 
O. Box 1618, Anniston, AL 36202, Barry D. Vaughn, Talladega 
County Attorney, 121 N. Norton Avenue, Sylacauga, AL 35150, Lee 
Otts, Escambia County Attorney, P. O. Box 467, Brewton, AL 
36427, Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 
Carrollton, AL 35447, David R. Boyd, P. O. Box 78, Montgomery, 
AL 36104, this the |{, day of July, 1986.    

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et als, * 

PLAINTIFFS * 

VS. * CASE NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, * 

et als, 
* 

DEFENDANTS 

ps 4 ~iy ibl —— tn. ct. a — — — —— —— —— —— a Lt -_ —_——— = 

Etowah County names the following documents as Exhibits they 

may introduce or otherwise utilize at trial: 

1. Newly developed and formulated six district redistricting 

plan for Etowah County forwarded to the Justice Department with 6 

single-member districts and a Chairman or County Executive elected 

at-large. 

2. Map of Six District Plan. 

3. Statistical information and data for each single member 

district under the new Etowah County six district plan. 

4. Statistical data of registered voters by district under 

the Etowah County six single member district plan. 

5. List of present duties of the Chairman of the Etowah 

County Commission. 

6. Etowah County election returns for the June 24 Democratic 

Primary run-off election. 

 



  

7. Etowah County election returns for the June 3, 1986, 

Democratic Primary election. 

8. Etowah County election returns for the September 25, 1984, 

Democratic Primary run-off election. 

9. Etowah County election returns for the September 4, 1984, 

Democratic Primary election. 

10. Etowah County election returns for the September 7, 1982, 

Democratic Primary election. 

11. Ftowah County election returns for the September 28, 1982, 

Democratic Primary run-off election. 

12. Precinct information with location of voting places, 

number of voters, (black and white voters) at each place for 1986 

elections. 

13. Precinct information with location of voting places, 

number of voters, (black and white voters) at each place for 1984 

elections. 

14. Precinct information with location of voting places, 

number of voters (black and white voters) at each place for 1983 

elections. 

15. Precinct information with location of voting places and 

number of voters at each place for 1982 elections. 

16. Precinct information with location of voting places and 

number of voters at each place for 1980 elections. 

17. Curriculum Vita - Ronald E. Weber. 

18. Curriculum Vita -David L. Martin. 

19. Summary of Etowah County Voting - 1986, 1984, 1982. 

20. Transcript of testimony of Payton McCrary, Pages 145-151. 

 



    

21. Talladega County Consent Decree. 

22. Lee County Consent Decree. 

FLOYD, KEENER & CUSIMANO 

Attorneys for Defendant 
Etowah County 

816 Chestnut Street 
Gadsden, AL 35999-2701 
(205) 547-6328 

By: 3 — a ah a on a i on To ma — a 

JA FLOYD 

  

I have certify that a copy of the foregoing has been mailed to 
Larry T. Menefee, Attorney, Title Building, 5th Floor, 300 21st 
St., North, Birmingham, AL 35203; Terry G. Davis, P. O. Box 6215, 
Montgomery, AL 36104; Deborah Fins, Julius L. Chambers, 99 Hudson 
St., 16th Floor, New York, NY 10013; Edward Still, 714 South 29th 
St., Birmingham, AL 35233; Dave Martin, Lawrence County Attorney, 
215 S. Main St., Moulton, AL 35650; H. R. Burnham, Calhoun County 
Attorney, P. O. Box 1618, Anniston, AL 36202; Barry D. Vaughn, 
Talladega County Attorney, 121 N. Norton Ave., Sylacauga, AL 
35150; Buddy Kirk, Pickens County Attorney, P. O. Drawer AB, 

36104, this the 

   OF 3 OUNSEL 

 



  

Kec e 7 8 1% 3 ! I. E D 

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA AUG 2 1 1986 

NORTHERN DIVISION 
THOMAS C. CAVER, CLER: 

JOHN DILLARD,et al., DEPUTY CLERK 

PLAINTIFFS, 

VS. CASE ACTION NO: 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al. 

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DEFENDANTS 

ORDER TENTATIVELY APPROVING TALLADEGA COUNTY 

COMPROMISE AND REQUIRING NOTICE TO THE CLASS 
  

At a conference in chambers on August 21 ; X85, 
  

counsel for the Talladega County Plaintiffs and Defendants 

informed the Court that they had reached a final compromise and 

settlement of this action with respect to Talladega County and 

sought this Court's tentative approval of its terms. 

Under the terms of the proposed settlement, the parties 

have agreed to the entry of an injunction requiring that the 

elections for the Talladega County Commission be conducted from 

five single-member districts, while allowing the incumbents to 

serve until 1988. 

The Court is of the opinion that the proposed consent 

decree filed with said joint motion is due to be and hereby is 

approved tentatively, subject to any objections by members of the 

plaintiff class. 

Pursuant to. Rule 23(e), Fed.R.Civ.P., notice of this 

proposed compromise should be given to the members of the class 

 



  

of black citizens of Talladega County, Alabama. 

Accordingly, it is hereby ORDERED that the defendant, 

Talladega County, Alabama, cause the notice attached to this 

order to be published in the DAILY HOME once a 
  

week for three (3) successive weeks prior to September 26 ’ 
  

1986. Maps of the districts shall be displayed in the county 

courthouse during normal business hours. 

It is further ORDERED that copies of the attached notice 

be provided by the Defendant Talladega County, Alabama, to 

representatives of all local radio and television stations and 

to all representatives of media and black community organizations 

in Talladega County who may request a copy thereof. 

Thereafter on. October 9, , 1986, at 4:00 o'clock, 
  

2 .m.,, this Court shall conduct a hearing in the federal 

courthouse in Montgomery, Alabama, tc consider objections by 

members of the class of the proposed compromise and settlement. 

DONE this 21st day of August , 1986, 
  

~ PE) 
Wwe YorT Vi. 

N hg) Vi ad Mix Sm 
  

Judge 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., 

PLAINTIFFS, 

Vs. CASE ACTION NO: 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

et al, 

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DEFENDANTS 

NOTICE TO CLASS 
  

TO: ALL BLACK CITIZENS OF TALLADEGA COUNTY, ALABAMA: 

In this class action brought by Louis Hall, Jr., Ernest 

Easley, and Byrd Thomas, on behalf of themselves and all black 

citizens of Talladega County, Alabama, challenging the election 

system for the Talladega County Commission, the named plaintiffs 

and the Talladega County Defendants have informed this Court 

that they wish to compromise and finally to resolve this lawsuit 

on the following basis. 

1. A final injunction would be issued against the conduct 

of further elections of the Talladega County Commission under the 

at-large election scheme provided presently by state law. 

2. Pursuant to the terms of the proposed consent decree, 

the Talladega County Commission will consist of 5 commissioners 

elected from single-member districts. The Probate Judge will 

serve as chairman of the County Commission and chief administrative 

officer of Talladega County until the person elected in 1994 

 



  

takes office. Thereafter, the Probate Judge shall no longer be 

a member of the Commission and shall not serve as chairman of the 

Commission, but he or she shall continue to be chief administrative 

officer of the county. 

3. Under the proposed settlement, the incumbent at-large 

Commissioners will be allowed to serve until their successors 

elected in the 1988 elections take office. In the meantime, a 

special election will be held in 1986 to elect a new commissioner 

from single-member District 3, which is the majority black 

district. The special primary election will be held November 4, 

1986, with any necessary run-off November 26, 1986. The special 

general election will be held December 16, 1986. The person 

elected in this special election will serve an initial two-year 

term, during which time he or she shall have all the rights, 

privileges, duties and immunities of the other incumbent 

commissioners. Commissioners will be elected from all five 

single-member districts in 1988. When the Commissioners elected 

in 1994 take office, they will elect a chairman of the Commission 

from their own number each year. 

4. The parties have agreed to a plan for the five 

single-member district boundaries. Maps showing the boundaries 

of the districts will be avallable for you to view during 

normal business hours at the Talladega County Courthouse. 

5. Plaintiffs are the prevailing party in this action 

and are entitled to recover reasonable attorneys' fees and 

expenses. The amount of attorneys' fees and expenses will be 

determined by the Court following a final approval of the 

 



proposed compromise. Fees and expenses have not been pact of 

the negotiations leading to this proposed settlement. 

6. The Court has tentatively approved the settlement of 

this case on the basis stated above. However, because this 

lawsuit is a class action, this Court has the responsibility 

of insuring that the interests of the entire class of black 

citizens of Talladega County are adequately protected before 

giving its final approval to the proposed settlement. 

Accordingly, if any black citizen of Talladega County, 

Alabama, objects to the proposed compromise and final resolution 

of this lawsuit, he or she should set out the cbjection in 

writing, identify this case by its name and number and mail the 

written objection to Mr. Thomas C. Caver, Clerk of the United 

Staes District Court, Middle District of Alabama, Post Office 

Box 711, Montgomery, Alabama 36106, or deliver such objection 

toi the Office of the Clerk, Second Floor, U.S. Courthouse, 

Montgomery, Alabama, on or before the oth day of October 
  

1286. In addition, this Court will conduct a public hearing 

on the 9th day of October y 1986, at: 4:00 o'clock, 
  

Pp _.m., at which time it will consider all objections from 

members of the plaintiff class to the proposed settlement, 

whether made in writing or in person. 

DONE this 21st day of August 

os ot iik 
United States District Clerk