Correspondence from Judge Thompson to Counsel Re Discrepancies Between Plaintiffs' Exhibit 187 and Proposed Findings

    UNITED STATES DISTRIC OUR 

MIDDLE DISTRICT OF ALABAMA 

PO. BOX 235 

MONTGOMERY, ALABAMA 36101 

. THOMPSON 

DISTRICT JUDGE 205/832-7311 

To All Counsel of Record 

Re: Dillard v. Crenshaw County, 

Civil Action No. 85-T-1332-N 
  

Dear Counsel: 

In reviewing the evid e, the court has noticed differences 

etween plaintiffs' Exhibit 187 and the various charts in the 
laintiffs' proposed findin a and conclusions of law. In 

dition, certain stateme the text of the proposed findings 

A list of the differences is 

attached, as well as a revised version of the chart that appears on 
e £4 

= 
T
r
t
 

Hs
 

0 
0Q
 

J = 

m1 be ~~ ~ 

The court reque these 
13 er rw v 1 4 i” 1 differences. The plainti cate whether 

the revised chart prepare plaintiffs 

  

Myron H. Thompson 

United States District Jud 

 



  

11, 

Discrepancies Between Plaintiffs' Exhibit 187 
And Plaintiffs' Proposed Findings, Etc. 

Chart p. 9-10 of Proposed Findings 
  

A, Chart lists Marengo as having districts since 1867; Exhibit 187 

shows that Marengo went to appointment system in 1869. 

Chart lists Coffee as having districts since 1867; Exhibit 187 

shows that Coffee first used districts in 1927. 

Chart lists Cullman as having adopted at-large elections in 1895; 
Exhibit 187 shows that Cullman did not move to at-large elections 

until 1936. 

Chart lists Marion as not having changed to at-large elections 

prior to 1900; Exhibit 187 says it changed to at-large elections 
in 1899, 

Chart lists Covington as having districts since 1884 and changing 
to at-large elections in 1894; Exhibit 187 shows that Covington 
did not have districts until 1915. 

Chart lists Pike as having districts in 1884; Exhibit 187 shows 

that Pike first used districts in 1893. 

Chart lists Chilton as having districts since 1884; Exhibit 187 
shows that Chilton first used districts in 1959. 

Chart lists Cherokee as having districts in 1884; Exhibit 187 shows 
that Cherokee first used districts in 1947. 

Chart lists Blount as having adopted at-large elections in 1895; 

Exhibit 187 shows that it did not adopt at-large election until 

1939, 

Chart lists Crenshaw as having districts in 1884; Exhibit 187 shows 

that Crenshaw has had at-large elections since 1884; 

Chart lists Lamar as having districts in 1891 and adopting at-large 

elections in 1894; Exhibit 187 shows that Lamar had districts in 

in 1889 and did not adopt at-large elections until 1969. 

Chart lists DeKalb as having districts in 1889; Exhibit 187 shows 

that DeKalb adopted a dual system in 1887 and first moved to 

districts in 1893. 

Chart p. 10 of Proposed Findings 
  

A, Chart lists Etowah as changing to at-large elections in 1891; 
Exhibit 187 shows that this change occurred in 1890. 

 



  

B. Chart lists Cullman as changing to at-large elections in 1895; 

Exhibit 187 shows that this change occurred in 1936. 

C. Chart lists Covington as changing from district to at-large 

elections in 1894; Exhibit 187 shows that Covington had been 

at-large since 1879 and never had districts until 1915. 

D. Chart lists Chilton as changing to at-large elections in 1891 and 

then moving back to districts in 1897; Exhibit 187 shows that 

Chilton never had districts until 1959. 

E. Chart lists Blount as changing to at-large elections in 1895; 

Exhibit 187 shows that Blount had districts until 1939, when it 

moved to a dual system. 

F. Chart lists Pike as changing to at-large elections in 1891 and then 

switching back to districts in 1893; Exhibit 187 shows that Pike 

consistently had at-large elections until 1893, when it changed to 

districts, and that it then moved back to at-large elections in 

1894. 

G. Chart does not indicate that Fayette moved back to districts; 

Exhibits 187 shows that it returned to districts in 1896. 

H. Lamar should not be on this chart; Exhibit 187 shows that it did 

not adopt at-large elections until 1969. 

I. It appears that Butler, Choctaw, DeKalb, Marion, and Shelby 

counties should all be on this chart. 

III. Chart p. 11 of Proposed Findings 
  

A. Chart lists Marengo as changing to districts in 1919; Exhibit 187 

shows that Marengo shifted to at-large elections from an appoint- 

ment system in 1919. 

B. Chart lists Sumter as changing to districts in 1927; Exhibit 187 

shows that Sumter moved to at-large elections in 1927. 

C. Chart lists Conecuh as changing to districts in 1919; Exhibit 187 

shows that it changed in 1915. 

D. Chart does not indicate that shortly after Madison changed to 

districts in 1901, it adopted a gubernatorial appointment system 

instead. 

E. Houston, Barbour, and Shelby Counties appear to have changed to 

some sort of mixed system, rather than to a pure district system 

as the chart suggests. 

F. Macon, Baldwin, and Elmore (to a mixed system) should be on this 

chart, according to Exhibit 187. 

“Dew 

 



  

Iv. 

VI. 

Vil. 

Chart p. 12 of Proposed Findings 
  

A. Chart lists Franklin as having moved to a dual system in 1951; 

Exhibit 187 seems to indicate that this shift occurred in 1949. 

B. Chart lists Morgan as having moved to a dual system in 1939; 

Exhibit 187 shows that it also had a dual system in 1919. 

C. Chart lists Winston as having changed to a dual system in 1965; 
Exhibit 187 seems to indicate that this shift occurred in 1959. 

D. Blount appears to have adopted dual systems in 1939 and 1949 but 

is not listed on this chart. 

Chart p. 14 of Proposed Findings 
  

A. Chart lists Houston as having changed to at-large elections in 

1953; Exhibit 187 shows that it subsequently moved back to 

districts (1957) and finally adopted some sort of mixed system 

(1969). 

B. Lamar shifted from districts to at-large elections in 1969 but is 
not listed on this chart. 

Statement p. 21-22 of Proposed Findings 
  

At the bottom of page 21 of their proposed findings, plaintiffs state 

that "By 1975, only six of Alabama's 67 counties were still using 
single-member district elections for county commission." According to 
Exhibit 187, however, 13 counties were using districts in 1975. These 
13 counties are: Blount, Bullock, Clay, Cleburne, Coosa, Henry, 

Houston, Lamar, Lauderdale, Marion, Monroe, Shelby, and Tallapoosa. 

Revised Version of Chart on p. 9 of Proposed Findings 
  

      County Date (SMD) Date (A-L) Date (Other) 

Winston 1866 1895 

Marengo 1867 1869 
(appointment) 

Morgan 1866 1875 

Dale 1867 1879 

Geneva 1870 1895 

 



  

      

County Date (SMD) Date (A-L) Date (Other) 

Etowah 1879 1891 

Cullman 1879 1936 

Marion 1879 1899 

Washington 1887 1894 

Blount 1887 1939 

Lamar 1889 1969 

Pike 1893 1894 

DeKalb 1893 1894 

Bullock 1893 1894 

Baldwin 1893 1894 

Butler 1893 1894 

Choctaw 1893 1894 

Fayette 1893, 1896 1894 

Pickens 1893 1894