Supplemental Answers of Plaintiff John LeFlore to Defendants' Interrogatories

    IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDER, REV. R. 1. HOPE, 

CHARLES JOHNSON, JANET O. LePFLORE 

JOHN IL. LeFLORE, CHARLES MAXWELL, 

OSSIE B. PURIFOY, RAYMOND SCOTT, 

SHERMAN SMITH, OLLIE LEE TAYLOR, 

RODNEY O. TURNER, REV. ED WILLIAMS, 

SYLVESTER WILLIAMS and MRS. F. C. 

WILSON, 

Plaintiffs, CIVIL ACTION 

VS. NO. 75-297-H 

CITY OF MOBILE, ALABAMA; GARY A. 

GREENOUGH, ROBERT B. DOYLE, JR., 

and LAMBERT C. MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, 

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SUPPLEMENTAL ANSWERS OF PLAINTIFF 

TO DEFENDANTS' INTERROGATORIES 
  

Undersigned plaintiff submits his supplemental answers 

to defendants' interrogatories propounded to each plaintiff 

on or about August 25, 1975, as follows: 

2. See Appendix A. 

3. See Appendix A. 

4, See Appendix A. 

31. Plaintiffs do not claim that the City of Mobile's 

form of government has discriminated against any of the groups 

of persons referred to in § ntdrTohkon ies 6-30, except for the 

black citizens of Mobile. 

32. When the City of Mobile's form of government 

was instituted in 1910, it was the design and intention of 

those persons who constructed and participated in the Mobile 

government to dilute the votes of black citizens and deny 

=) ® them equal access to t political processes. Thus, the 

first discriminatory action was the institution of the City's 

 



  

present form of g overnment:; the names of the particular per- 

sons having the described discriminatory intent are unknown 

to plaintiffs. Since the institution of the City's pre 0) D - tT
 

form of government, the failure to alter or amend this form 

of government consitutes a continuing discriminatory omission. 

The names of all those persons who have supported this form 

of government, with its discriminatory effect, are unknown 

to the plaintiffs, and, indeed, it would be impossible to 

know and list the names of all such persons. A recent act 

evidencing the subject intentional discrimination was the 

opposition exhibited by Messrs. Doyle and Mims to the refer- 

endums that would have altered the City of Mobile's form of 

government. Additionally, all three of the present City 

Commissioners are parties to the continuing discriminatory 

omission, described above, of failing to alter or amend the 

City's form of government. 

41. (c)-(y) Plaintiff has no opinion. 

43. Yes. Since blacks are generally poorer than 

whites, the filing fee required of candidates is a greater 

percentage of disposable income of potential black candi- 

dates than of potential white candidates. 

45. See Appendix A. 

50. The only factor mentioned above in No. 49 

which should be retained in a constitutional system is elec- 

tion by a majority vote. As to other factors, see my ori- 

ginal answer to this question. 

51B. (a) The Commission form of government implies 

a multi-member panel with (Executive and Legislative) powers. 

If such a panel were to have individually-assigned powers 

which were not jointly-held under the applicable law, then 

any plan of Commission government would still be an at-large 

system and thus unconstitutional given the prevailing political 

and racial situation in Mobile. ; 

 



  

(b) No, see (a). 

(c) Not necessarily. 

d) The Executive may be elected at-large. 

- 

I know of no limitations of the Executive powers which con- 

cern this action. 

(e) The legislative body must have a suffi- 

cient number of members so that there is no invidious 

discrimination against political or racial minorities. At 

this point I do not know the exact minimum number.: 

(£) In my opinion all members of the legis- 

lative branch should be elected from single-member dis- 

tricts. The principles For division would be lack of 

invidious discrimination against political or racial mi- 

norities. For the minimum number, see {e) above. 

(g) In my opinion, the requirement of a 

majority vote, isolated from other factors such as multi- 

member districts, is not unconstitutional per se. 

53. Yes, the use of at-large elections denies 

blacks a meaningful voice in city government and dilutes 

their voting power. 

53.(c) The problem with the type of election 

system proposed in (a) is the at-large voting factor, 

not the number of districts. Allowing all the residents 

of a political unit to decide who shall represent each 

district provides nothing but geographical dispersion, 

not locally chosen representatives. 

59. (a)-(b) Plaintiffs do not presently 

possess sufficient information on which to base an opinion 

on this matter. Plaintiffs may form an opinion when they 

acquire such information, in which case, defendants will 

be supplied with a supplemental response to this inter- 

rogatory. 

(c)=-(u) Plaintif Fh
 

53
 

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eB aie MRE SL TS dal TY side V LL 

[I do hereby certify that on this che Soe day of January, 

1976, I served a copy of the foregoing Supplemental Answers to 

Interrogatories upon all counsel of record as listed below by 

depositing same in United States Mail, postage prepaid, or by 

1 

pevid ER Esquis 

Post Office Box 123 

Mobile, Alabama 36601 

S. R. Sheppard, Esquire 
Legal Department 
City of Mobile 
Mobile, Alabama 36001 

Po — 7 rd / 
~~ \ AT 74 5, 

le 9) aa ” x te 

ie 20 WN ES 
  

Je Ub» BJLACKSHER 

GREGORY B. STEIN 

CRAWFORD & BLACKSHER 

1407 DAVIS AVENUE 

MOBILE, ALABAMA 35503 

SUTTE 601 - TITLE 
2030 THIRD AVENUE, 

BUTLDING 

NORTH 

BIRMINGHAM, ALABAMA 35203 

JACK GREENBERG, ES 

JAMES NABRITT, Bo 

CHARLES WILLIAM 

SUITE 2030 

10 COLUMBUS CIRCLE 

NEW YOPXK, NN. Y. 

Attorneys for Plai 

QUIRE 

UiRE 

ITI., ESQUIRE 

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CRAWFORD & BLACKSHER 

1407 DAVIS AV BE 
MOBILE, ALABAMA 36603 

EDWARD STILL, ESQUIRE 
SUITE 601 - TITLE BUILDING 
2030 THIRD AVENUE, NORTH 
BIRMINGHAM, ALABAMA 35203 

Attorneys for Plaintiffs 

STATE OF ALABAMA ) 
1. S88 

COUNTY OF MOBILE ) 

Personally appeared before me, the undersigned guthoricy 
J / / v7 / 7 

. . Ys = = be fig 2s 

in and for said County and State, EL 2 He CELL, 
FL Ld ’ 

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known to me, who upon being first”duly sworn by me, on oath 

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—
 

  

deposes and says that oi is informed and believes, and on 

such information and belief states, that the foregoing answers 

to interrogatories propounded by the defendants are true. 
( 

He 

   
       

  

a (7% : 
Before me on this the 4 day of tg I 74 ¥ lal Lr dL] — ~~ 3 

30.77 Le / 
2 A’ 

7f / “1 Odie coe Ad Zee 
NOTARY PUBLIC, MOBILE COUNTY, ALABAMA 

  

   
  

97h 
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3 
My Comm. Expires March 8, 

 



  

  

2 Yes. Teah B. LeFlore; 1504 Chatague Avenue; Age: 67 

3, Yes Walker B. LeFlore, 1358 Davis Avenue; Age: 42 
John L. LePlore, Jr., Diamondhead, Calif.: 

Ager. 51 
Ruth L. Ward, Atlanta, Ga.; Age: 47 
Eleanor L. Thompson, Atlanta, Ga.; Age: 36 

William V. LeFlore, Atlanta, Ga.: Age: 39 

4, Myasslf: (a) Answered in original answers. 

(b) 763 S. Warren St. Lived with mother 
1358 Davis Avenue Rented 
310 Lexington Avenue Owned 
1504 Chatague Avenue Owns 

(c) Answered in original answers. 

(d) Ward No. 10, voting place on Davis 

Avenue; from the time I started voting until sometime in 

the 1950's. Ward No. 

until last election. 

409 Lexington Avenue: 

(e) 

Democratic Party Member, 1 year prior to that. 

Wife: (a) 

(b) 

{C) 

of this. 

(d) 

Walker B. LeFlore: (a) 

7, voting place St. Joseph School: 

District M.W.-33-995-3, 

up 

voting place 

voted there last election. 

Democrat, for last 2 years: 

1508: 1908 

National 

My best recollection is as follows: 

Catherine Street Lived with parents 
Lived with parents 

Same as "myself" starting with Davis Ave. 
Satsuma, AL 

residence. 

Yes. 

{i) Mobile Co.: 
(1i)=-(iii) 

Date 

Same as "myself", above 

No. 

1833+:1933 

310 Lexington Avenue 
1504 Chatague Avenue 
1358 Davis Avenue 

~~ » 
 e 2 

Unknown. 

unknown. 

I have no present recollection 

Lived with me. 

Lived with me. 

Renting 

unknown. 

 



  

Ruth L. Ward: 

then Atlanta. 

Eleanor L. Thompson: 

Atlanta. 

William V. LeFlore: 

Atlanta. 

he 
Eo {bY I 

(c) 

(a) 

~TN 
Calin 

Same as "myself", above. 

NO. 

1¢24: 1924 

Same as "myself", above, the Atlanta. 

Yes. 

(i) Mobile Co.: Date unknown. 
(ii)=(iii) Unknown. 

as "myself", above, then Atlanta. 

1928::..1928 

Same as "myself" since 1928, above, 

Yes. 

(i) Mobile Co.: Date unknown. 
(ii)=-(iii) Unknown. 

Same as "myself", then Atlanta. 

Unknown. 

1839; 1839 

Same as "myself" since 1939, then 

Yes. 

(i) Unknown. 
(ii)~(iii) Unknown. 

Unknown. 

Unknown. 

13367. - 1236 

Same as "myself" since 1936, then 

Mobile Co.: Date Unknown 

Unknown. 

then Atlanta. Same as "myself", above, 

Unknown. 

~ 

of the present 

commissioners when each was running for the City Commission 

for the first time--they were each seeking the support of the 

  

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Non Partisan Voters League, for which I am a caseworker. 

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I, and others, made a requsst to Com- 

missioner Doyle that an effort be made to hire and promote 

more black police officers and fire fighters. In my opinion, 

the response was totally negative and no efforts were made 

to meet this request. The date was 1974. 

(ii) I made a request to Commissioner Mims 

that a fair share of the City's revenue sharing monies be 

used for the inner city, where many black reside. The re- 

sponse to the request,was, in effect, no response at all. 

The date was sometime in 1973. 

64. In my opinion, there has ot been such a struggle 

"for positions of political leadership." 

65.(f) Answered in original answers. 

67. Yes. 

68. N/A 

69, Yes. 

70. N/A 

71. Yes. 

72. N/A 

73. Yes. 

74. N/A 

75. Yes, 

76. N/A 

77. © Yes. 

80. N/A 

31. Yes. 

82... N/A 

 



  

88. N/A 

82. Yes. 

90. N/A 

91. Yes. 4 

92. N/A 

O03. Yes. 

94, N/A 

85. Yes. 

96. N/A 

97. Yes. 

98. N/A 

99." Yes, 

100. N/A 

i001. Yes. 

102. N/A 

103. Yes.. 

104. N/A 

105. No. 

106. It is my opinion that such blacks and whites would 

have different preferences for concerts at the auditorium. 

107. Yes. 

108. N/A 

108. No. 

110. It is my opinion that blacks would, and do, more 

readily favor the expenditure of funds on public transporta- 

tion. 

31ll. | No. 

112. It is my opinion that blacks, even when are success— 

ful in gaining entrance to public housing, are not accorded 

 



  

131. Bolden 40 years 
Hope 10 years 
Johnson 2 years 
Janet LeFlore 25 years 
Maxwell 15 years 
Purifoy 15 years 
Scott 20 years 
Smith 20 years 
Taylor 5 years 
E. Williams 20 years 

S. Williams 5 years 
F. C. Wilson 2 years 

134. As director of casework for the Non Partisan Voters 

League, I spoke with most of the named plaintiffs and suggested 

that they join in instituting this suit; I have no present 

recollection of the names of those I so approached. The time 

was sometime in the spring of 1975. 

135. ‘No.