WIlliams v. Illinois Appendix
Public Court Documents
February 6, 1970
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Appendix Volume I, 1978. 7eb86f54-cdcd-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/9111b8c7-76d1-474f-bd66-1775152a06d2/appendix-volume-i. Accessed August 19, 2025.
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APPENDIX
VOLUME I — Pages 1 - 305
IN THE
Supreme Court of the United States
OCTOBER TERM, 1978
No. 77-1844
CITY OF MOBILE, ALABAMA, et al,
Appellants,
WILEY L. BOLDEN, ef al,
Appellees.
ON APPEAL FROM THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT
JURISDICTIONAL STATEMENT FILED JUNE 27, 1978
PROBABLE JURISDICTION NOTED OCTOBER 2, 1978
(i)
INDEX
Volume I
Page
Docket Entries
BIDE a BLT RS INR Se de
Court of Appeals... .. ic iui iivas oil oe 10
BE SEER Sr Ee SE a ae RL Ra Ld 17
Defendants’ Motion to DIStiss. .....c. ives dd iuiida 22
Defendants’ Motion to Strike... oui vr uid viia ing, 24
Order on Motion to Dismiss, dated November 18. 1975 25
71h ra aR a CS RR Le 29
Order on Class Action, filed January 19, 1976 ...........35
Order of District Court, filed October 3, 1978, staying
Ble CHONS mii sa A TS Sea se a 27
Order of U.S. Supreme Court, entered October 16,
1978, denying motion to vacate stay of elec-
Transcript of Proceedings of Tuy 12-21, 1976, before
District Court
Testimony of Dr. Melton Mclaurin.................. 40
Testimony of Dr. Cort B, Schlichting. ....... vouiv is 54
Testimonyof Wiley L.- Bolden. ......... ooo. oii. 70
Testimony of James E. Buskey............ yal, 92
Testimony of Joseph Langan ........c.c.iviviviai aa 102
Testimony of LonlaM. Gill ...............00 000i 125
Testimony of Jerre Koffler .... ci. viii iii evia 131
Testimony of RL. Hope............0 00 00 iii 139
Testimony of James Seals.......... ccc hu caas, 145
(ii)
Testimony of James E. Voyles ...... Pe ET ..153 4 Nos
Testimony of Charles Cotrell .................. sarenea 170 §. Wa
Testimony of Sylvester Williams .............ccoevnnn.. 187 1 No. 6.
Testimony of Leonard Wyatt. ..... RE DLT 196 : Wa
Testimony of Sherman Smith ......... PPTL ERE ..204 i No. 7 -
Testimony of Dan Alexander ....... EER Do Me | P No. 9 -
Testimony of John Randolph. ........ SA SURE 211 | L of 1
Testimony of Austin Pettaway ........ ay iit 3230 i No. 53
Testimony of Mable P. Dotch........ FIOM bt a i No. 61
Testimony of Janice McCamts ....... YOY ey Shes 234 : No. 6:
Testimony of Clara Ester........... WOE Jet ian d80 : ~ Bu
Testimony of Bill Roberts ....... SEDER WA ‘ No. 64
Testimony of Robert B. Doyle .............. Swi inid ni 202 : gic
Volume II : 2 No. 73
: 5. No.75
Testimony of Lambert Mims. ..... RE ER FLFR |) i No. 1.
Testimony of Gary Greenough.........................396 2 Ut
Testimony of Lambert Mims (Resumed)............. via 801 é
Testimony of Gary Greenough (Resumed)............ S485 '
Testimony of James E. Voyles (Resumed) ........... 34500
Testimony of George Winstanley. ..... Ce dean ps oh TELL 518
Testimony of Earl Joyner.......... eavassre tare eney es 524 The
Testimony of Tom Peavy.......... CS iia isa vns canes 12340 statute
Testimony of Jack Summerall ....... CTD RR RE. | appear
Testimony of Marion Barnett ..... i J v2 i+546 Storer
Testimony of John A. Calametti...... ECR SOI
Court Colloquy. ii icine sie see names sua ee +308 '& Opinic
Plaintiffs’ Exhibits
No. 5 — 1973 Mobile Voter Registration for Selected
LTT) | OE SSE a SL BOR Cae SR AR 572
No. 6 — 1976 Mobile Voter Registration for Selected
Wards . o.oo i ae ava ne ve rey ve sie ard 573
No. 7 — Summary Mobile County Voter Registration... .. 574
No. 9 — Excerpts from Voyles Thesis: “An Analysis
of Mobile Voting Patterns, 1948-70" ................ 575
No. 53 — Summary of Statistical Analyses.............. 591
No. 61 — Excerpts from File “Newspaper Ads” ....... 5.593
No. 62 — Newspaper article “Numerous Cross
Burnings’ cies ii sia nd re ries sre 600
No. 64 — Summary of City Committees ................ 601
No. 65 — File of Grand Jury Report and Newspaper
clippings from 1976 re: Police Brutality .............. 605
No. 73 — Summaries of City Employment Data (1975). ..611
No. 75 — Summary — City Streets .................... 614
No. 111 — Sub exhibit N to Documents regarding
Utilization of Revenue Sharing Funds. ............... 615
NOTE
The following opinions, decisions, judgments, orders, and
statutes have been omitted in printing the Appendix because they
appear as follows in the Appendix to the printed Jurisdictional
Statement:
Appendix
Opinion of the Court of Appeals, entered March 29,
Lyi SERRE HE Ee IR LR Sa pad A
(iv)
Opinion of the District Court, entered October 21,
1976, as amended October 28, 1076 in) iaaivinene
Judgment of the District Court..........cooverrereneee.
Order of the District Court, establishing mayor-
council government, entered March 9, 1077 ..viiiaee PD
Order of the District Court, setting November 21,
1978 as conditional date for elections, entered May
31, 1078... ai vreau leit ed ae ae E
Alabama Act No. 281 (Acts 1911, p. 330), as
amended, Code of Alabama 1975 § §11-44-70
through 11-44-105 (1977)............ BGs erate .'F
Alabama Act No. 823 (Acts 1965, p. 1539) ........... Ww G
Notice of Appeal....... 0 AT eR i IRR Ps ATU ik -H
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SECRETARY,
) Henry Rembe
710 Chin St
Mobile, Al.
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PAUFES!S
WIPD STATES DIST
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: - Lr rice Pg OER Dogg oi 10 4 NZ 10 nm hy © REMAN Gren sho i TTS
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. 7. Tr PLAINTIFFS DETENDANTS JT, ,05e
SET FOR TRIAL POI * lser FOR PRE TRIAL anki
x b ON: __.
D 1] owmd-Y22
hy BOLDEN, WILEY L. CITY OF MOBILE, ALABAVA;
4 HOPE, REV. R. L. GREENOUGH, GARY A.
2 _ JOHNSSHy—~BHARERG Oman En 1114-7 DOYLE, ROBERT B., JR.
; “LEFLORE, JANET O, MIMS, LAMBERT C., ind.
5 LEFLORE, JOHN L. and in their official
iE i, 5 MAXWELL, CHARLES capacities as Mobile
a; # PURIFOY, OSSIE B. City Commissioners.
i v SCOTT, RAYMOND ; ;
2% SMITH, SHERMAN
/ TAYLOR, CLLIE LEE
) PHRNER —~RODNEY-0. MBMSEED 1-14-76
F . WILLIAMS, ED
.“ i. WILLIAMS, SYLVESTER
WILSON, MRS. F. C.
- G
CAUSE
i k2 ysc §§ 1973, 1983 & 1985(3). Acting seeking ,5ingle-member Qietrints
-. H | for Mobile City Commission, attacking present "at-large" electi
system, and for declaratory judgment and injunction against the oy
holding any further elections under the present at-large election system.
ATTORNEYS
GREGORY B, STEIN : : i A A IB hM ‘
J. U. BLACKSHER C. B. ARENDALL, JR.
1407 Davis Avenue : Post Office Box 123
fobile, Alabama 36603 Mobile, Alabama 36601
EDWARD STILT, S. R. SHEPPARD
«321 Frank Nelson Bnilding ran City of Mobile Fags Dept.
i ARC Post Office Box 1 '
Suite 601, Title Building Fonilos Aintoms * 0801
2030 3rd Avenue, North s ZAROCOSTAS, JOE SIRvON
A Birmingham, Alabama 35203 TEEN ot ¥ MIKE JACORS
3 -
ei ies Lionel L. Layden Fy A. Hologg, sa
¥ ) Ras : 919 Deuphin St., Mobile, ats oka
Yi DEPOSITIONS: 36
DR. JAMES EVERETT Sorpes,
: 02-03-76.
Jack Greenberg, James M. Nebrit,III
and Charles E. Williams, IIL TR. ELTON ALONZA NOLAURIY,
Suite 2030, 10 Columbus Circle filed June 16, 1975. 76
‘ New Yerk, New York 10019 DR. CORT B. SCHLICHTING, 7-8-7
ROBERT S. EDINGTON, 7-8-76
Proposed intervenor HENRY REMBERT, EXECUTIVE GARY COOPER, 7-9-76
SECRETARY, GULF COAST PARENT ACTION LEAGUE: CAIN J. KENNEDY, 7-9-76
) Henry Rembert, pro se DR. CHARLES L. COTRELL, 7-12-76
710 Chin St. DR. CHARLES L. COTRELL, (Ccntinui
Mobile, Al. 36610 ation) 9-15-76. ps
cmeex FILING FEES PAID ETAVSTILILCAMLS
] “MRE = oat a) —-— TT TLCEIPT NUTIRER C.0_NUMET i SS es BATE at]
Canes 15-10-75 | # L6UT1 - Crawford, Blacksher & Kennedy | sss —
FrRAA ELIE Tas a A ane
VAUFE=!S :
CNTTPDSTATES DISTRICT COUNT DOCKET esi LET
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5-17-75
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10-28-5
10-29-5
‘111-3-75
11-7-75
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11-13-76
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9-75
10-75
26-75
26-75
7-15-75
7-22-75
aQ. -19- -79 1s
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26-75
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PROCEEDINGS
Complaint filed, mpc : : “
Summons issued with complaint for zervice on defendants, mpc
Sumreons returned, executed as to LAMBERT C. NIMS as.Comm,, lps
Summons returned, exscuted as to LAMBERT C. MINS, Ind., lps
Summons returned, executed as to ROBERT B, DOYLE, as Comn., lps
Summons returned, executed as to ROBERT R, DOYLE, ¥nd., lps
‘{Surrrons returned, executed as to GARY A. an SIDUGH, 23 Crmn., 103
Summons returned, executed as to GARY A. CREENOUGH, Ind., lps’
Motion for extension of time within which to Yagpons, to complaint
filed by defendants; referrsd to Judge Hand, 1
ORDER entered getting discovery cutoff date Sor’ Rrrrein ER 26, 1973
with pretrial briefs due by OCTOBER 10, 1975; copies mailed to
attorneys Blacksher, Still, Arendall and Sheppard, lps
Motion for extension of time within which to respond to complaint
filed by defendants on June 26, 1975 is GRANTED; notice mailed to
attorneys, lpa
Interrogatories to defendants filed by plaintiffs, om
lotion to dismiss, with memorandum attached, filed by getendants, wet,
[fotion to strike, with memorandum attached, "#11ea by defendants, wet,
| Answers and otJectlons of defendants Lo plaintires’ "Discovery Notice
Interrogatories;” .filed Ajr °
Defendants! Interrogatories to each plaintiff filed, Ajr
Supplemental memorendum in support of motion to dismiss filed by
defendants, o'b
Motion to dismiss, filed by defendants July.22, 1975 a
Motion to strike, filed ty defendants July 22, 1975 re ited after
argusents AJr
Status Report. AMENDMENT TO STANDARD PRE TRIAL ORDER entered and
DISCOVERY extended to and including Nov, 10, 1975, and naming of
witnesses on or before Nov, 25, 1975. Copy of this Amendment
mailed to the Attorneys of Record on 30 Sep. 1975. (W.J.0.)
Second interrogatories to defenddnts filed by plaintiffs, lps
Motion to compel plaintiffs to answer interrogatories tifea by defen-
dants; referred to Magistrate on October 30, 1975, lps
Answers and objections to defendants’ interrogatories filed by plain-
tiff ROBERT L. HOPE, lps
Answers and objections to defendants’ intsrrogatoriea filed by plain-
tir? WILEY L. BOLDEM, lps
Answers and objections to defendants’ interrogatories filed by plains
tiff SHERMAN SMITH, lps
Interrogatories to the plaintiffs filed by defendants, jb
Motion to compel answers of plaintiffs BOLDEN, HOPE and SMITH filed by
defendants, Referred to Magistrate on 11-4-75, Jv (Fotices nailed
to attorneys),
ORDER entered, by Magistrate, that plaintiff are to answer interro-
E856) of defendants within 10 days from this date (Min. Entry No.
3 6),1ps :
Copies of Min. Entry No. 39206 mailed to attomeys, lps
Motion to extend dimcovery time an additional 30 days, filed by the
plaintiffs AE
Discovery extended to and including DECEMEER 10, 1975, notices mailed
to attorneys Ajr
Second request for production of documents flled by plaintiffs, h
Motion to reconsider order on motion to compel answers to interrogator
filed by plaintiffs, Referred to Magistrate on 11-17-75, (SEE NEXT PAGE)
AITO LATTE eT dea HADAAL SUOURRE 20 EST A Thy SE TIA S E IARd Er ————
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VIL DOCKET
TP AINTIFF
CONTIN
BOLDEN, WIL
DATE
) 12-4-75
11-18-7
11-18-5
11-18-7
11-21-79
aii
11-28-17
11-29-7¢
12-3-75
f1-17-7p 30
31
3
6 33
34
b 35
VIL DOCRET CONTINUATION SHEET
.
£2
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Po
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ow
~ > PC AINTIFF OLFENDANT
. : : 4 pocxeT no, 15-207 -P
. a \ ay BOLDEN, WILEY L., ET AL CITY OF MOBILE, ET AL A Te v.cis
DATE NR. PROCEEDINGS
( 7 hi-17-76 30 | Answers and objections of plaintiff SYLVESTER WILLIAMS, to defendants’
interrogatories, filed, wet,
31 | Answers and objections of plaintiff CHARLES MAXWELL to defendants’
interrogatories, filed, wet, ' 4
32 | Answers and objections of plaintiff EDWARD WILLIAMS to defendants’
interrogatories, filed, wet, :
J 11-18-75 33 | Memorandum in support of motion to compel answers, filed by
5 : defendants, wet, 2
11-18-5! 34 | Motion to reconsider order on motion to compel answers to interro-
gatories filed by plaintiffs on November 14, 1975 is GRANTED by
Magistrate; plaintiff given to December 4, 1975 to answer defen~
to ( : dant's interrogatories; notice mailed to attomeys, lps
11-18-75 35 | ORDER entered on defendants' motion to dismiss that insofar as the
| ; action is based on 42 USC 1985(3), complaint fails to state a
wet : : cause of action & the motion to dismiss this cause as to all
ot; : defendants is GRANTED. Defendants' motion to dismiss the cause
sie e of action under the Voting Rights Act of 1965, U2 USC 1973 is
DENIED as to all defendants. Therefore, under 28 USC 130347,
this court has jurisdiction of all defendants including the City
of Mobile as to this cause of action; Since court has jurisdiction
under 1343(4), it is unnecessary to discuss jurisdictional issue
” under 25 USC 1331, Motion of defendants as to the cause of action
+ Gh under 1973 & the attack of the jurisdiction as to 1343(%4) is not
rn, : well taken & is DENIED, Defendants' motion to strike attorneys!
RY fees & the injunctive relief prayed for in paragraph V-2 is
r i'%5 . DENIED; M/E No. 3.7L Attorneys Blacksher & Bagwell advised of
i ruling by phone on -20-75; and on 11-20-75; copy of order
mailed attorneys Blacksher, Still, Bagwell and Sheppard, wet,
: 11-21-79 36 |Motion to allow further discovery of facts and opinions held by
Pen- Ets expert, Dr. James E. Voyles, filed by plaintiffs. mpc
Fo d 37 [Notice of taking of deposition of DR. JAMES E. VOYLES filed by
plaintiffs, moe
in gtd 38 | Answers to Pla intiffs' second Interrogatories to Deferintas filed,
- v (ae) : * WA
in x 11-28-75 §tatus Report, ANSWER to be filed by next Friday. Set for Rre
n= | ge, Trial in first week of Feb. 1976 (W.J.0.)
rr N1-28-7% 39 | ORDER on plaintiffs’ motion to allow further discovery of expert,
; DR, JAMES E, VOYLES that discovery mfrequested dy plaintiffs to
d by a Dr. Voyles' dissertation is GRANTED provided the plaintiffs pay
Led % expenses pursuant to FRCP, Rule 26 BY (8) (C) Motion as to further
i : discovery is DENIED; M/E No. 39,470; copy mailed attorneys on
hw 12-2-75, wet, : - : tin :
Ro. 12-3-75| LO | ANSWER filed by defendants, wet: - or A
: Jfr2-4-75 L1 | Answers and objections of plaintiff, RAYMOND SCOTT, to defendants’
PS interrogatories, filed, wet, .
42 | Answers and objections of plaintiff JOHN L. LeFLORE, to defendants’
ded RN interrogatories, filed, wet,
43 | Answers and objections of plaintiff, OSSIE BENJAMIN PURIFOY, to
f defendants' interrogatories, filed, wet, 3
ator] 44 | Answers end objections of plaintiff, JANET LeFLORE, to defendants’
interrogatories, jb
DC-111A (Rev. 1/78)
CIVIL DOCKET CONTINUATION SHERT
t ORFENDANT
PLAINTIEP
DOCKET NO.
. be J
PACE — OF ___ PAGES
DATE NR,
. PROCEEDINGS
hr Ih A BLA I00 f-0h inet iene pl -nloinddfs TTYTA ~ a — br'®L sve rs-end-eodiretions—of-plaintiisy FaA—Cr—BROWNy—to—-defendantel—
LE. Ansuaras.and objections ofl plaintists, JEFF RANK. XIMBIE $a
Ld
12-11-76
12-12-7h
12-15-76
12-15-74
12-17-7%
1--8-76| 5
1--8-76| 5
1--8-76] 5
1--8-76| 5
45 | Answers and objections of platntiee, FRANCIS GARY WILSON, to
es
12-31-79 53 [Motion to extend time in which to answer certain Jnierrogttories
1-7-76| 54% [Motion to extend time for plaintiffs to answer interrogatories
55 nswer to plaintiffs' third discovery notice filed by defendants, jb
i I eferred to Judge Pittman
01-13-76 60 rrefSisire pretrial order fo
1-14-76|g0-A| Mo tion to dismiss plaintiffs RODNEY O. TURNER & CHARLES JOHNSON
b 1-19-76] 61 |Order entered that plaint{rfs gay maintain this action of a class
816; copies 1-20-74 62 Motion to compel compliance filed by defendants, Referred to
dolondantal intorvoxatorios. Piled. wot : : 1
a
hd | aud defendants' interrogator
Answers to daf
filed, 3b
second interrogatories filed by plaintiffs
us endants' b 12-8-75 47 Plaintiffs’ third fscove notice (interrogatories and requast far? production of documents) filed, grs. ..- hie a 48 Answers and objsctions to plaintiffs' second request for production of documents filed by defendants, jb- . . dA ; a ; a : iy i 12-38-75] 49 Answers and objections of plaintiff, OLLIE LEE TAYLOR, to defendants' interrogatories, filed, wet,
50 DRDER entered on defendants' motion compelling plaintiffs, WILEY L. BOLDEN, REVEREND R. L. HOPE and SHERMAN SMITH, to answer certain interrogatories that said plaintiffs are ORDERED that they answer interrogatories as set out in order; plaintiffs are further ORDERED , to fila written answers within 20 days of this order; Defendants’
motion is DENIED as to those numbered interrogatories as more fully set out in order and plaintiffs! objections are sustained; M/E No.
39,542; wet,
Copy of M/E No. 39,542 mailed attorneys, wet,
51 Motion for certification of class filed by plaintiffs; referred to
Magistrate; notice mailed gliomeyt wet
52{ Appearance of Counsel for plaintiffs riled by Jack Greenberg, James
M. Nabrit, III end Charles E. Williams, III, Ajr
filed by plaintiffs, Referred to Magistrate on 1-7-7 y JO
GRANTED to January 8, 1976, Notices mailed to attorneys, jb
6 [Supplemental Answers of plaintiff, Wiley L. Bolden, to defendants' interrogatories filed, o'b :
7 Pupplemental Answers of plaintiff, Sherman Smith, to defendants!
interrogatories filed, o'b :
8 [Supplemental Answers of Plaintiff, John L. LeFlore, to defendants! . interrogatories filed, o'db 5 : :
9 Motion to dismiss certain plaintiffs, RODNEY O. TURNER & CHARLES
JOHNSON, without prejudice, filed by other plaintiffs, o'b
LJ
J retrial set 4th day of February, 197¢ entered by Judge Pittman filed, copies of order mailed to attor- neys on 01-07-76 by Mrs. Madge Andress, grs,
filed 1-8-76 1a GRANTED, Notices mailed to attorneys,
action, Minute Entry No. 39, mailed to attorneys Ajr
Magistrate on 1-21-76, 4b
: (SEE CONTINUATION SHEET)
[=
SiVIL DOCKET @
CPLAINTIFE
WILEY L
'! pare
ston mers s—y
1-20-76
1-21-76
1-26-76
2-17-7164 7
2-19-76(
2-25-76
3-8-76
J3-10-7
3-12-74
3-12-76
D4 - 02-74
04-07-71
VIL DOCKET CONTINUATION SHEET
: ey friar DEFENDANT ; 75.2 H ee PAGES ’s
- WILEY L. BOLDEN, ET AL CITY OF MOBILE, ALABAMA Sa
PAGE x. OF ____ PAGES
ri ' pare NA, PROCEEDINGS
1-20-76] 63 Supplemental answers to defendants’ interrogatories filed by ee = plaintire, ib
4s 64 | Supplemental answers to defendants’ interrogatories filed by plaintife, jb y 1-21-76) 65 | Motion to compel defendants to answer interrogatories and produce 1815, Jv i documents filed by plaintiffs, Referred to Magistrate, ib 3 J 1-26-76] 66 | Motion to dismiss certain plaintiffs without prejudice filed by plaintiffs, jb uction | 67 | Supplemental answers to defendants’ interrogatories filed by i 3 defendant PURIPOY, 3b . - endantst 63 | Supplemental answers to defendants’ interrogatories filed by § *4 : defendant TAYLOR, jb ile LEY L. i 69 Supplemental answers to defendants! interrogatories filed by tain
defendant LeFLORE, J . SWF ' 1-28-76] 70 | Supplemental answer to Plaintiffs' Third Discovery Notice filed ORDERED defendants, (Je) i ants! 1-29-76] 71 Supplemental answers of plaintiff to defendants! interrogatories » fully : | filed by plaintiff MAXWELL, Jb /E No. 72 Supplemental soswers, of jal tiff to defendants’ interrogatories
j p2-03-76 Derbi E000" oR BORIA EEE VOYLES filed, grs. 2-3-76 | 73 | Joint Pretrial Document filed by parties, wet, 2--4- CASE PRE TRIED ON 4 FEB, 1976 BY JUDGE VIRGIL PITTMAN. (W.J.0.) ; ed to D2-05-74 74 |ORDER entered on pertrial hear s- copies mailed to attorneys by
Mrs. Madge Andress, grs. : James 2-17-T§ 75 Rmended Motion to compel defendants to answer interrogatories and
produce documents filed by Plaintiffs, Referred to Magistrate on fes ‘2-19-76, Jb : 2-19-76| 76 | Response to plaintiffs' "Amended Motion to compel defendants to * answer interrogatories and produce documents" filed by detenyanty, n
its, Jb 2-25-T6| 77 | Specification of racially discriminatory acts filed by plaintiffs, <<. ants! 3-8-76 | 78 | Amendment to response to “Discovery Notice 1", filed by defendants ,wdt. it 3-10-76 79 | Motion filed by plaintiffs on 2-17-76 is MOOT, Notices mailed to -S } attorneys, jb : ?
nts’ 3-12-76 Status Report, no problems. Judge Pittman to set date for trial, wet, 3-12-76 lotion to dismiss certain plaintiffs without prejudice, filed by ES i plaintiffs Jan. 26, 1976 subnitted without argument, Ajr { 2 DU-02-7§ B8O[Notice of taking the deposition of DR. JAMES E, VOYLES filed by ER the plaintiff, ars. xy, 197¢ ba 04-07-74 81| ORDER entered DISIISSING plaintiffs RAYMOND SCOTT and ED WILLIAMS D> attor; without prejudice. See lin. Entry No. 40,Ul41, copy railed to Z attorneys Stein, Blacksher, Still, Greenberg, Nebrit, ¥ilita-s, SON : Bagwell, Arendall and Sheppard on 04-08-76, grs. : CL-20-T] 82 [Subjects of defense evidence as tc responsivencss filed b: de ercant.} er ; i} 5-11-74 83 [Notice of taking deposition of TONY PARKER filed by defendants, ‘Tt ©-17-74 3% [Notice of taking derosition of DR. CHARLES COTRELL filed tv S defenderts, 4b
2-02-71 25 |Motice of taking the “deposition of DR. CHARLES COTRELI, ~ile< bite
defendants, rrs,
AI (-16-T6 Deposition of DR. MELTON ALONZA McLAURIN filed, mpc
DC 111A (Rev. 1/78)
Oo
CIVIL DOCKET CONS
CIVIL DOCKET CONTINUATION SHEET ,
PLANTIFP
PLAINTIFF DEFENDANT =
: ; DOCKET NO. q5-297- i
BOLDEN, WILEY L., ET AL CITY OF MOBILE, ET AL sacels oF. MAGES
DATE NA, : PROCEEDINGS Tf oars item
. pa-ar-v pcs
0-21-74 102 Opinion and order with Findings of Fact and Conclusions of Law
entered that there shall be elected in the August, 1977 municipal
election, a mayor elected at-large and nine council members
elected from nine single-member districts. Plaintiffs’ claims * 59
for attorneys! fees & costs will be determined after a hearing 7-8-76
on these issues, It is court's judgment that this decree this
date is a final judgment & decree from whiwh an appeal may be 7-9-76
taken. However, in event it is not a final decree, court ex mers
motu pursuant to 28 USC 1292(V) ‘finds that a controlling Questicn
of law is involved, Court retains Jurisdiction of this action to
secure compliance with its decree issued contemporanecusly herewith
& for such other & further relief as may be equitable & just;
M/E No. 42,074; copy given this date to attorneys J. U, Blacksher
and David fagie11. On 10-22-76 copy mailed attorneys Edward Still
and 8S, R, Sheppard, wet, a ; com . . .
10-22-7p 103| JUDGMENT entered as set out in above opinion of 10/21/76; M/E io.
42,080; copy mailed attorneys, wet,
7-13-74 9L
»
7-14-76 92
»
.0-28-76 104| Amendment to correct opinion & order dated 10/21/76 as more fully
SeseTieg dn anendment; M/R No. 42,123; copy mailed attorneys
on 11-1-76, wet, ae :
1-3-76 | 105 [PLANTIFFS' PLAN H filad, being a plan for nine districts in the City
. of Mobile and a ward breakdown showing the number of black citi-
zens residing in each ward according to the 1970 census, (Map
- attached as Exhibit A, placed in red folder.) mpc
1-17-76 106{Mmtion to reconsider order of Octeber 21, 1976 filed by defendants
{intsrvenors) Ar
107 |Motion to intervene as defendants under Rule 24, filed by intervenor:
Chris M. Zsrocostas, Joe Sirmon and Mikes Jacobs AjJr
7-19-76 93
7-20-74 Sl
7-21-76] 9%
11-18-78 108| Notice of Appeal filed by defendants, wet,
P9-09-784 o&
109] Security for costs on appeal filed by defendants, wet, 9-17-76] 9°
Copy of Notice of Appeal and certified copy of docket entries whe =,
to Clerk, Sth CCA, wet, - .
Copy of Notice of Appezl mailed attorneys for appellees (plaintiffs), ‘
wet, y ‘ ; : 6
-15-
11-18-76 110| AMENDMENT to the.opinion and order of 10/21/76 entered as more fully a o
; set ‘out in amendment; M/E No. 42,272-B; copy mailed attorneys
on 11/19/78, wet, 0-13-78 95
111{ ANENDAERT to the judgment entered 10/21/76 entered as more fully set : 4 3-7 9
out in amendment; M/E No. 42,272-A; copy mailed attorneys on 10-6-75 [10G
11/19/78, wet, SE / RC
1-19-76 Motion to reconsider order f 10/21/76 filed by defendants-intervenqrs
i is argued and TAKEN UNDER SUBMISSION, wet, : ;
Motion to intervene as defendants under Rule 24 filed by intervenors 10-14-7101
CHRIS M. ZAROCOSTAS, JOE SIRMON and MIKE JACOBS is argued and 85
TAKEN UNDER SUBMISSION, wet, : Lio
PC.IIA RIV. (1/79)
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CIVIL DOCKET CONTINUAY BEY
PLANTIPP DEPENDANT
» DOCKET NO.
raced os PAGES
DATE MA, . aie [PROCEEDINGS :
. Po-21-7} 30 |Submission of qualifications of experts filed by defendant, with
: = attachments, grs.: ;
5-22-75] 87 |itness list filed by plaintiffs, Jb
6-24-73 58 |Motice of taking deposition of CAIN J. KENNEDY filed by plaintiffs, i>
* ] 59 |iotice of taking deposition of ROBERT EDINGTON filed by plaintiffs, id
7-8-76 Deposition of DR. CORT B. SCHLICHTING filed, mpc
Deposition of ROBERT 8. EDINGTON filed, mp :
7-9-76 Deposition of GARY COOPER filed, mpc :
Deposition of CAIN J, KENNEDY filed, i 13 . c by mip ihe
HE - 95754 90 33rd SERIE TR IR 1 RE SEndt 2543 Bah PR Ra RE
: completed at 5:10 P.M., Court recessed to 7-13-76 at 9:00 A.M.,
M/E No, 41,2 3 copy mailed attorneys on 7-15-76, wat,
7-13-74 91 {Trial resumed, witnesses examined, exhibits offered & Court recessed
at 4:50 P.M. to T-1h4-T76 at 9:00 A.M., M/E No, 41,2683A; copy mailed
attorneys on 7-15-76, wet,
7-15-76] 92 [Trial resumsd, witnesses examined, exhibited offered & Court recessed
at 4:55 P.M, to Monday, July 19, 1976, at 9:00 A.M., M.E. No.
41,289-A. Copy of M.E. 41,289-A mailed to Attorneys of Record on
: July 21, 1976. (W.J.0.) wih
7-19-76] 93 [Trial resumed, witnesses examined, exhibits offered & Court recessed
at 5:00 P.M. to Tuesday, July 20, 1976, at 9:00 A.M., M.E, No.
<A. bh) 303:A mailed to Attorneys of Record on
Hn 197ERY (Bf Me®y 112303 y
7-20-78 94 | Trial resumed, witnesses examined, exhibits offered & Court recessed
at 4:45 p.m, to Wednesday, July 2, 1976, at 9:00 a.m., M. E. No.
41,318-A. Copy of M. E. No. 41,318-A mailed to attorneys of
record on July 23, 1976. Jrb. .
7-21-76] 95 | Trial resumed, witnesses examined, exhibits offered & defendants
rest at 5:02 p.m. The Court ordered that the triel bs recessed
to be set down for arguments at a later date. M. E. No. 41,323-B.
Copy of M. E. No. 41,323-B mailed to attorneys of record on
July 23, 1976. Jb.
P9-09-78 96 |Plaintiffs' submission of plans filed, grs.
9-17-76| 97 | TRIAL RESUMED for post-trial arguments, arguments heard, and trial
RECESSED to a later date for AZEEAENLS on the Plans submitted by
; the parties, (Minute Entry No. 41737-B). mpc
Copies of Mimite Entry No. 41737-B mailed to all attorneys of record
9-15-76 Conauation of Deposition of DR. CHARLES L. COTRELL filed, mpc
{10-48-76 98] Plaintiffs! interrogatories regarding attorneys' fees filed by
plaintiff, Jrb. :
40-13-76 99 [Answer and Objection filed by all defendants, (Je)
J0-6-75 {100 |ORDER entered appointing JOSEPH N, LANGAN, ARTHUR R, OUTLAW and
JAMES E, BUSKEY as committee to formulate plan for mayor-council
form of government & committee is given target date to report to
{0 Sours of 12-11-76; M/E No, U1,943-D; copy mailed attorneys on
-15- wat :
10-14-7101 Submi as on of population estimates for Plan F, filed by plaintiffs, x
wet,
ty
CIVIL DOCKET CONTINUATION SHEKT #9) ® =e) "4 PL LO RT
PLAINTIFF
BOLDEN, WILEY L., ET AL CITY OF MOBILE, ET AL pocket no. T5=297-P
DEFENDANT
PAGE __OF___ PAGES
PROCEEDINGS
2-2-77 126
2-15-77] 127
2-17-77
2-28-77
. 3--2-7%
3-4-77
3-9-77 p28
3-18-7f 129
130
3-23-77|131
3-23-77
bo7-77 | 132
-{Pepositions of GROVER CLEVELAND THORNTON, III, ROBERT S. VAKCE,
ORDER entered that motion to intervene filed by HENRY REMWBERT,
EXECUTIVE SECRETARY OF TEE GULF COAST PARENT ACTION LEAGUE on
1-4-77 & amended on 1-17-77 is DENIED; M/E No. 42,840-D; on 2-4-77,
copy mailed attorneys and Henry Rembert, wet,
Stipulation for temporary retention of record filed by parties, wet]
Certified copy of docket entries mailed to Clerk, Sth CCA and
to attorneys, wet, :
JAMES A. HARRIS, JR. & EDWARD MALCOLM FRIEND, III, grs. :
On 2 Mar, 1977 received from the U.S. Court of Appeals, Fifth Cir-
cult, an ORDER reading as follows: "ORDER: IT IS ORDERED that
appellants’ moticn to enlarge the time for the filing of the
record cn appeal including the court reporter's transcript to
and including March 4, 1977, is GRANTED." (W.J.0.)
Court Reporter's transcript of trial proceedings filed,
1,503 pages, wet,
ORDER entered adopting mayor-council plan (Appendix A) and plz’z-
tiffs' plan for nips singles-member council districts(ippendix 2),
and directing thatthe regularly scheduled city elections I=
August, 1977, and each four years thereafter, the City cf Motille
shall elect nine members to a city council and 2 meycr. One
member of the City Council shall be elected by and fron each
district. The mayor is to be elected at-large, The Court
reserved a decision upon the plaintiffs' claim for attorneys’
fees and out-of-picket expenses, (Minute Entry No. 43081). coc
Copies of Minute Entry No. 43081 mailed to all attorneys of record,
on iy * c
NOTICE OF PEER from the order of March 9, 1377, the cpinion and
order entered on October 21, 1976 and the judgment entered on
October 22, 1976 filed by defendants, lps .
Application for stay pending eppeal, with brief attached, filed by
defendants; referred to Judge Pittman, lps
Plaintiffs’ opposition to defendants’ application for stay pending
appeal filed, wet,
Application for stry pending appeal filed by defendants on 2/18/77
and plaintiffs’ opposition to defendants' application for stey
ORDER entered STAYING the court's prior orders requiring 2 meyor-
council election in August, 1977; directing that precareticns
for elections under the city commission form of gcvernxent
shall be held as regularly scheduled in August, 1977, el} pend-
ing result of eppeal to Fifth Circuit, (Minute Entry Ko. L32£3),
Copy of order delivered to J. U. Blecksher on 4-7<77; to CT. E.
Arendal, Jr. on 4-8-77; copies mailed to attormeys Still,
Greenberg, etc. and Sheppard on 4-11-77. mpc
I
pending appeal filed 3/23/77 are argued & TAKEN UNDER SUBMISSION, wet,
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* CIVIL DOCKET CONTINUATION SHEET 00) Mie} 14.90 S08 3800
’e PLAINTIFF DEFENDANT
—-— J DOCKET NO.
97-P %
PAGE __ OF. _____ PAGES
AGES = DATE | nn. | PROCEEDINGS
¥ r————shr = i. Or —. 3A TL mar
H '
BR Pi 1~18-77,133 Notice of Appeal of order of 4-7-77 filed by plaintiffs, wet,
134 | Security for costs on appeal filed by plaintiffs; wet,
77 pee 4-26-77/ 135 | Stipulation for temporary retention of record filed by parties; wet,
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- _-_ ET-U.S. PPEALS . <a DOCKET-U.S. COURT OF A 6/0775 ek wi [5
SUBJECT 2 CROSS APPEAL NO. CASE NUMBE us
> 8 pe : 2 i nTLe: BOLDEN,
Ela |a3le [23a] 8 |uslal Of x] 2 |E5]33 36 : i —
less |v [as(Qu] 2 [daa] 3X] & |o2|G= CL) - 4 2 1 ( “14. RECORD, EXHIBITS
(pees 1__ partial R
hs ecm - -! Record ¢
CIRCUIT 5 APPEAL FROM Southern oisTRicTor Alabama ~~~ ar___ Mobile Dy rman SUPP.
t pi cies SECON
DATE DOCKETED — 11/26/76 sso reepaio 11/26/76 JupGE Virgil Pittman 3 -n Exhibits
Sey Append
DATE NOTICE OF APPEAL FILED 11/19/76 1 EE Former
pits : —. Adminis
D.C. DOCKET NUMBER CA-75-297-P ul gt Briefing
4 hn > Brief for
¢-Exp ap
/ 31 hen Brief for
iy B-37-77 over foe
WILEY L. BOLDEN, Et Al., $7 La Brief for
Brief fos
Plaintiffs-Appellees, Reply B
Supp. B
versus Supp. B
Brief fo
CITY OF MOBILE, ALABAMA; Et Al., Interver
Rule 13
RULE 30]c)
Defendants-Appellants,
Consolidated with No. 76-3619 & 77-11 f=
& No. 77-2032
APPEARANCE
| FILED-DATE |CODE | ATTORNEYS FOR APPELLANT
. |S.R. Shepp
Nm, C. Tidwell:, P. 0. B 205) (432-551)
ots bp Charles B, Arendall, Jr, -do- y AE
2-&-7¢ | ALXCharles 5, Rhyne, 1000 Conn. Ave., N.W., Suite 800, Washingtann_c_l fle 7
ty
ee-2 Wig vu, Blacksher, =~d0- i
A : Mobile, Als... 38601. ——— ere Order c
6-1-77 V [William S, Rhyne, 1000 Conn. Ave. sil Hat Sult e800, Waghinegign® | Affida
(202-466-5420) C. 20036 CJA 2C
C~
A ~~ Notice
’ 1} ZN tessa $i 4-13-71) Appens
; f OJ re Y. ba) aS/le-2) Appeis
fey , : nl = ia al Design
J » H — ny \ fond & Orde
LY en xt: Ar = \ ML I —t- | OER rc Nr Nr | ' of CJA 2
pi
- ry = > Ack Eannnce [cooe ATTORNEYS FOR APPELLEE y Sade
Gregory B, Stein, 14 —
-do-_ (205) 432-1691 #83. AGENCY REVIEW
/2-b-7% |Z |Larry Meneiee,
2
2-6-7¢ | |Jack Greenberg, Suite 20
AL.
Charles E. Williams, III, -do- SY.
Eric Schnapper, , -do-_ (212) 586-8397 i 12-6-76
fo 7 ~'|Edward Still, Sujte 601, Title Bldg., 2030 3rd. Ave. N., Birminghes. g Petitic
Ala. 35203 RET 0
BR WE | Applic
= ti J i Answe
James M. Nabrit, TIX =dO= SN AISI
v
ArpANLCLS CURIAE (See Reverse for additional Amicus Attorneys)
2d “United States Court of Ap
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=21-77 | : ey, Atty., Civil Rights Div., Appellate Sect., 1
U.S. Department of Justice, Washington, B.C. 20530 Be
(for U.S.A.) 8
United States Court of Appeals for the Fifth Circdit — Docket, Form 1 (Rev. 4/74) 1U Paor 1 nf 4 1 n
E NUMBER
.,
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76-3619 & 77-11
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TILE: BOLDEN, Et Al, -vs- CITY OF MOBILE, ALA., Et Al. m5 6- 4 2 1 {
+ Rpm——
44. RECORD, EXHIBITS AND BRIEF INFORMATION | Filing: 4. EXTENSION Flg. Motion for: Order Fid. | Ext. to
2% 1] Partial Record or Cert. List NEY LY I A Record, Trans Trango 2%) 713-11 J-4-%,
go BML S00 Record on Appeal No. of Vols, 5 Appendix ies G.
mimesis Supp. Record No. of Vols. Appellant's Brief
SRR Et JN Second Supp. Record Ni Vols. Appellant's Brief
=} Exhibits 0 env. hey oss [J Ron Appellant's Brief
Appendix [J (P) wn Tel). I+ 7 \
irs Former Appeal Record 77- 36 ) Appelles’s Brief
pil —. Administrative Transcript Appellee’s Brief
y; : Briefing Notice Issd. Appaliee’s Brief
Y =f 7- ) ) Brief for Appellante (9 )
T* _ Brief for Appellant ov Reply Brief
bp Brief for Cr. Appellant =) 7
'
3-37-77 Brief for Avoeties Si or (7)
= Brief for Appellee
Brint for Or ADDER este 5 CALENDAR INFORMATION
Reply Brief for Appellan
Supp. Brief for Appellant Rule 18 Notice Issued TT
Supp. Brief for A S/o Panel a
or Amicus
o- 27 Case Ass, for é -/3 77 hg
Intervenor
Ow Oe o
Rule 13(a) Certificate
Case Cont'd for Reassignment
Case or for [lal
®) Pa "a BT
Hearing Panel: —_mw
43-777 Case Argued a HE a
| Filing Case Sub. w/o Arg J by Appellant 0 by Appe!le=
11/26/76 Dup. Notice of Appeal and Clerk's
Statement of Docket Entries
Papers Trans. from Misc. No.
6. OPINION INFORMATION
-3-212 Order of ki Ext. Time to File Record
WL to
2 i * Order of DC Granting Appeal |FP
Order of DC Appointing Counsel
Affidavit of Financial Status
CJA 20dssd./Voucher Recd.
Notice of Election Rule 30lc)
) y - [ 3 - ] ) Appellant's Designation
Appellees Designation
Designation
Order to Show Cause -
Loca! Rule 9(b) Disrmissal Order
CJA 21 for Transcript
Qade. J HC. Ext vi nte IR L. facecife
=2-9-7Y
3-29-2% Opinion Rendered
FE. — 3 Reversed
| | Attd. in Pt, P.C. Conc, Spec.
[1] Dismissed [ Rule 21 Lo 3 Dis. in on
igh” Withdrawn
GB I | Affirmed
lr] = n | Vacated Signed Ds.
76-3619, gar 42173043 |
{34vc. = aps dee (C tad 14 bs
PY PES Dt, at gle 2A 2 NE ET
7. REHEARING INFORMATION
Mot. for Ext. — Ext. to:
Mot. for Ext. — Ext. to:
Petition for Rehearing ——————————
3. AGENCY REVIEW CASES | Fing
0 Appellant 0 Appellee £) Reg. {J En Bane
——o. Petition for Rehearing
[J Appeiiant 0 Appellee 0 Reg. [J En Bane
_orneys)
Sect.,
Paor 1 nf 4
kr United States Court of Appeals, Fifth Circuit — Docket, Form 1A (Rev. 4/74)
Petition for Review of Order ( ) of
Owners Orpc 0
Application for Enforcement — NLRB
Aa
fr
; pa. J i Answer to Application for Enforcement
LEN. Cross Application for Enforcement
— Response of
Order Denying Rehearing
Dissenting
[J opinion 59
[1] Order on Petition for Rehearing $9
Page 3 of 4 pages
Se Record on Appeal Retd. tks)
= 7=7L exhivits Ror; to Clerk
Notice of Denial of Pet. for Rehearing .
Opinion of S.C. dated
Judgment of S.C.
Mandate Stayed to a
1<
'. MOTIONS
ng Motion to or for: Response Filed By Date Granted | Denied ag,
Mandamus
Docket Appeal Out of Time
Reinstate Appeal
Stay Further Proceedings in CA
— Stay Pending Appeal
eee. I0junction Pending Appeal
lel... Consolidate Appeals (4/17 -2042) vv GAT
Leave to Appeal IFP
Bail Pending Appeal
Withdraw as Counsel
Appointment of Counsel
Leave to File Supp. Record
—— Hearing on Original Record
—. Hearing on Orig. Rec. & Typed Brief
—. Leave to File Typed Brief
~H- 7 7 Leave to File Brief in Excess Pgs. Sap foe 9 4 -/3- nz
Dismiss by Appellant
Disrmss by Appellee
rr ————aap—re. Gob riae :
18-37. 04% ¢ Syl Go rief {ageeiiot. vv AT o-22 il
5 LR Stay of Mandate 47 A pase y. 171-28 Vv’ BT
Recall of Mandate
OTHER DOCKET ENTRIES CODE TO ENTRIES co
2/20/76 Flg. suggestion of appellants requesting that ARG — Argued Flg.
this cause be heard and decided in conjunction CE — Clerk's Endorsement '-
with #76-3619 - Blacks United for Lasting E - East Courtroom
Leadership, Inc., et al. vs. City of Shreveportf® — En Banc Courtroom n
et al. and suggestion for hearing en banc.j-}-)7f JF Pr
'/22/76 | Flg, appellees' response to appellants’ suggestion —— Handwritten
with respect to appellate review of this 4 laa Sent 10 Judges Fi
cause in conjunction with #76-3619, /- (Te, Cy Lovee E.
1/14/77, Flg. order DENYING petition for hearing en Mire Or Otfsst ch
A banc. (TGG) (Also fld 76-3619) PT Print
/14/7 Yr Say GRANTING appellants’ motions to consoliBT Preliminary Type Flg. 2
date 76-3619 and 76-4210; further order GRANTIRG -—Sm ves Flg. €
motions to expedite appeals; further order 59 =SesSactiong
DENYING appellees' motion to dismiss caused Sub — Submitted #10/10/78 Flg.
76-3619. (Also fld. in 76-3619) (RAA-LRM-TGG)| T ~Tveed \$10/12/78 | Fig.
/7/77 |Flg. appellants' suggestion for joint hearing* RE mn 3
with #76-2951 - Nevett, et al, v. Sides, et al.
JUDGMENT OR MANDATE INFORMATION 11. SUPREME COURT INFORMATION ML Sd SR
$d Bil of Costs Preparing Proceedings on Certiorari - Hey 3
Fig. & Entg. Judgment Preparing Supp. Proceedings on Cart. 2 -
Issg. Copy of Jdgt. to Bd & Cnsl. Transmitting Orig. Exhibits to S.C. Bd di
$ dqt. as Mdt. Issd. to Clerk $ Order of S.C. — Ext. to
Jdgt. as Mdt. Reissd. to Clerk 7-5-7%_ Notice of Fig. of Cert. Pet. on lr -A7-74_
Dismissal Issd. to Clerk Order of S.C. [J Denied [J Granted
TLinga-Lroveedanygs
Flg. appellees’ response to suggestion for joint hearing with 426-2051
(Charles Nevett, et' al.) =- / - Wore)
Flg. response of appellees, yiley. L. Bolden, et al. to suggestion for
JoIrmt NSurIng. I-7- C o # rg Tv
/
4376/77 Flg. Order GRANTING appellants' suggestion for joint hearing of this c:
En with —#76~2951—~Nevett; vot al v, Sides, ote. ot 31 CIGG) +
Flg. supplemental memorandum in support of motion of appellants for
BL
leave to file brief exceeding fifty pages.
Flg. Order GRANTING appellants’ motion for leave to file their brief i:
S agr-1imit tation GBT)
lg. appellees' motion for order restoring injunction. H-27-27
Flg. appellants’ memorandum in opposition to appellces’ motion for ord:
TESTOTINE INJUNCTION. 22-57-77 (667) ~
FIg. appellees’ motion for leave to file brief ip gxeess of 79 typed PE.
TT FIg. Order CARRYING WITH THE CASE appellees’ motion for order restorin:
rede i RF URG HO Ron bore d—by—di gt re tr CIMWABS AG PTY
$/31/77 |Flg. Order GRANTING appellees' motion for leave to file brief in exces
a 70 pgs. other than standard typographic printing but not to excee:
roe a0 pgs. (GBT)
h 8/80 Flg, motion of The United States to file a brief as Amicus ourise....
X37 Fld. 76-381 ur i 2 (Also F1 in V4 Vinyl car)
| Minute Entry - Court granted pazties 20 dave to file supplemental...
: briefs to be filed simultaneously by each side in typewxitten forr
After a bench conference the Court will stay any election until
—TRIES $5 .y, the questions in this case are decided.
= enum Flg. order DENYING appellee's motion for an order restoring injunction
=e jv | _wntered by the district court; further order GRANTING appeii-e o-
m=room ol motion to stay holding of elections of any kind by governwent ~
i a of city of Mobile, Alabama, until further mdvice by the court,
I. (JMW-BS-GBT)
hs Flg. Order GRANTING motion of ¥.S. for leave to file brief as amicus
ot EF : AT)
=o £6/19/78 Flg. Appellants' notice of appeal to Supreme Ct.
¥10/6/78 Flg. Order of Supreme Ct. noting probable jurisdiction. :
2 (x 27 /O- -
#10/10/78 Flg. Appellees' motion to vacate order staying elections {sued by fis:
Ho/az/rs Flg. Order DENYING appellees' motion to vacate order staying elections
Issued by Dist. Tt. (JMW/GBT).
y ol f elcotions =. aL CC gaigae
- - - ram. — He EE Ra
PEE ~ cam —-—- ar > : Bh a PE
we oT SFT IR TRARB RITA LEE ap igh EE PN
. : . o cay YT w- - ia Zr ; - -
6/9/75
vi le SUBJECT CROSS APPEAL | NO.
« > 33 jE wa r oy
rl, fh - [-] 3} > 41
3a [v3 |eSlgsl x]. of 21x] 61223 : gy == =n no > 21>0
|E5|25 (85 (85]0u | 2 [Va ]¥] 3 |<] & |82|c= 5% 6
ij i x it gCORD, EXHIBITS AN
_ Partial Recor
E Record on Am
Supp. Recorc
POCA Rr — [i CIRCUIT § APPEAL FROM Southern oisTRICT OF —Alabana a A
DATE DOCKETED 5/19/77 $50 FEE PAID 5/1 9/17 Second Suph
Exhibits
DATE NOTICE OF APPEAL FILED 3/18/77 Appendix
Former Appes
D.C. DOCKET NUMBER CA-75-297-P
Administrative
Briefing Noti=
4
{ fe RE Brief for Apps
oy P Jey Yor ", Brief for Apps
Brief for Cr, = WILEY L. 'BOLDEN, ET A AL. ve Brief for Apps
" Tod Brief for Apps
Fai
Go Brief for Cr. =
Go, Reply Brief f=
Supp. Brief fc
Supp. Brief fc
Brief for Ami
‘versus
SEL SE intervenor __
: Fu Detongunta-sopettanta Be Rule 13(s) Ca
~d i * fo preg > hie'2 EER HERR 43 Z
APPEARANCE RET Ee RL
FILED—DATE |CODE ATTORNEYS FOR APPELLANT
\ 2 7 77 Q08- . ’ ? Dup. Notice ©
well, III, ~do= —, Suvemant
Travis H. Bedsole, At. =do- : : LT nan Papers Yram,
: RT = 2 Order of DC ©
Fred G Collins City Atty Legal De t of the Cit £ M ] 11 sii to. 20
- Hall, Mobile Ala 36602 ° Order of DC «
Order of DC
5-777 | F |Charjes 1000 Conn. Ave, RAE LTT Xa — Affidavit of F
Bd 5 (202-466-5420) "7 Zsa Ao 50 ~ 20036 ww CIA 20 lsd. /
: Donald A, Carr, -do- a x 113 Stet of Se
atzen, : es =do= NC “Tih Poe's
4 . { a a TE A F—
A | 1 \ N\ Ley ~~ Ad J Le Designation _
v : S oad ry | ; — Order to Shos
WA a TS 5 ~ | i Loca! Rule 98
Fi ED-ATE | cone | atoms FoR ApELLEE fy SNORE ET cane
Gregory B, S+«in vis Ave., Mobile, Ala. 36603 Fai fn
5-27-77 I. hex, { YET LENT] ~d0- Shai MR
arry Menelee, 2 ~do- . -
: 7% | RMGENCY REVIEW CASE:
J-t2-72 |W |Edward Still, Suite 601, Title Bldg., 2030 3rd. Ave., N., Birmingha' [3 Eh
__ R05).829 -%9Y Ala. 35203 ““*P" 4 Cine
- - Application f | &-/-77 | 9% |Iack Greenberg, Suite 2030, 10 Columbus Circle, N.Y. N.Y. 10019 [& a
2 James M. Nabrit, TIX, =do- IERIE Cron Appice
Charles E._ Williams TIT, =d0= IE |
¢-1-72
pled States Court of Appests, F
Vhalsnd Praca. Poviet al Armmaate fas sha Fila 7. de Maclas Chacon | INA, Ava) i 4
-
3/9/75 To]
Bx Ae
= Ee BOLDEN, ET AL. -vs- CITY OF MOBILE, ET AL, NO. 77-204
4. EXTENSION Flg. Motion for: Order Fid. Ext. to:
‘ “R000 q ¥CORD, EXHIBITS AND BRIEF INFORMATION | Filing:
fk Partial Record or Cart. List
Record on Appeal No. of Vols. ol
Record, Trans.
Appendix
Appellant's Brief
Appellant's Brief
Supp. Record No. of Vols.
Second Supp. Record No. of Vols.
Exhibits Oenv. 0 Box Oleg. 0 Rol
Appendix Oi Mim Volo. Wyler
76-431
5.25.7)
Former Appes! Record
Administrative Transcript
Briefing Notice Issd,
4
Appellant's Brief _ -
Appellee’s Brief
Appelles’s Brief
Appelles’s Brief
Brief for Appellant
Brief for Appellant Reply Brief
Brief for Cr, Appellant
Brief for Appellee
Brief for Appelles
Brief for Cr. Appellee
Reply Brief for Appellant
Supp. Brief for Appellant
Supp. Brief for Appellees
Brief for Amicus
Intervenor
Rule 13(a) Cartificate
65. CALENDAR INFORMATION
Rule 18 Notice Issued ; .
Sul ry Panel:
B-4-77 Case Assig for se in
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MOTIONS
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'” JUDGMENT OR MANDATE INFORMATION 11. SUPREME COURT INFORMATION No. 7 77- JPY
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Opinion of S.C. dated
Judgment of S.C.
Mandate Stayed to
16
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
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- WILEY L. BOLDEN, REV. RL.
HOPE, CHARLES JOHNSON,
- JANET O. LEFLORE, JOHN
L. LEFLORE, CHARLES
MAXWELL, OSSIE B.
~ PURIFOY, RAYMOND SCOTT,
. SHERMAN SMITH, OLLIE
LEE TAYLOR, RODNEY O.
TURNER, REV. ED WIL-
LIAMS, SYLVESTER
WILLIAMS AND MRS. F. C.
WILSON,
CIVIL ACTION
VS.
NO. 75-297TH
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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Plaintiffs; )
)
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Defendants. )
)
COMPLAINT
L
Jurisdiction
Jurisdiction of this Court is invoked pursuant to 28 U.S.C. |
§ §1331 and 1343. The amount in controversy exceeds
$10,000.00 exclusive of interest and costs. This is a suit in
equity arising out of the Constitution of the United States, the
First, Thirteenth, Fourteenth, and Fiftteenth Amendments,
and 42 U.S.C. Sec. 1973, 1983 and 1985 (3).
IIL.
Class Action
Plaintiffs bring this action on their own behalf and on
behalf of all other persons similarly situated pursuant to Rule
23 (a) and 23 (b) (2), Federal Rules of Civil Procedure. The
class which plaintiffs represent is composed of black citizens
of the City of Mobile, Alabama. All such persons have been,
are being, and will be adversely affected by the defendants’
practices complained of herein. There are common ques-
tions of law and fact affecting the rights of the members of this
class, who are, and continue to be, deprived of the equal
protection of the laws because of the election system detailed
below. These persons are so numerous that joinder of all
members is impracticable. There are questions of law and
fact common to plaintiffs and the class they represent. The
interests of said class are fairly and adequately represented
18
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by the named plaintiffs. The defendants have acted or
refused to act on grounds generally applicable to the class,
thereby making appropriate final injunctive relief and cor-
responding declaratory relief with respect to the class as a
whole.
IIL
Parties
A. Plaintiffs Wiley L. Bolden, Rev. R. L. Hope, Charles
Johnson, Janet O. LeFlore, 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 are
black citizens of the City of Mobile, Alabama, over the age of
21 years.
B. Defendants, Gary A. Greenough, Robert B. Doyle,
Jr., and Lambert C. Mims are each over the age of 21 years
and are bona fide citizens of Mobile, Alabama. The de-
fendants are the duly elected City Commissioners of Mobile.
IV.
Nature of Claim
A. The Mobile City Commission is the governing body of
the City of Mobile, holding the legislative power granted to
cities. In addition, its members perform certain adminis-
trative and executive functions.
B. The Mobile City Commission is organized under Act
19
—
—
X
163, Reg. Sess. 1911, as amended.
C. The three (3) commissioners on the City Commission 4 -
are elected at large to numbered places. wi ¢
D. The City of Mobile has a total population of 190,026, £ E
of whom 35.4% or 67,356 are black. Certain areas of Mobile v t
are almost totally devoid of blacks, while others are virtually 7 t
all black. Segregated housing patterns have resulted in ¥
concentrations of black voting power. 2 :
E. The present system of electing city commissioners 2 :
discriminates against black residents of Mobile in that their # !
concentrated voting strength is diluted and canceled out by LY, :
the white majority in the city as a whole. & 3
Y.
Plaintiffs and the class they represent have no plain,
adequate or complete remedy at law to redress the wrongs
alleged herein, and this suit for a permanent injunction is
their only means of securing adequate relief, Plaintiffs and
the class they represent are now suffering and will continue to
suffer irreparable injury from the unconstitutional election
system described herein.
WHEREFORE, plaintiffs respectfully pray this Court to
advance this case on the docket, order a speedy hearing at the
earliest practicable date, cause this case to be in every way
expedited and upon such hearing to:
1. Grant plaintiffs and the class they represent a
declaratory judgment that the election system com-
plained of herein violates the First, Thirteenth,
Fourteenth, and Fifteenth Amendments to the Con-
stitution of the United States and 42 U. S.C. Secs. 1973,
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1983 and 1985(3).
2. Grant plaintiffs and the class they represent an order
enjoining the defendants, their agents, successors,
attorneys and those acting in concert with them and at
their discretion from holding, supervising, or certifying
the results of any election for the Mobile City
Commission under the present at-large election system
and from failing to adopt a plan of city government using
‘single-member districts.
3. Award plaintiffs and the class they represent their
costs in this action, including an award of reasonable
attorneys’ fees. :
4. Grant such other and further equitable relief as the
Court may deem just and proper.
CRAWFORD, BLACKSHER &
KENNEDY
1407 DAVIS AVENUE
MOBILE, ALABAMA 36603
By: /s/ J. U. Blacksher
J. U. BLACKSHER
EDWARD STILL, ESQ.
321 Frank Nelson Building
Birmingham, Alabama 35203
Attorneys for Plaintiffs
<1
[caption omitted in printing]
MOTION TO DISMISS
~~ Comes now each defendant in the above-styled cause,
jointly and severally, and moves the court to dismiss this
cause upon the following grounds: |
1. The complaint fails to state a claim upon which relief
can be granted.
2. Insofar as this action is against the City of Mobile and
isbasedupon42 U.S.C. §1983, the complaint fails to state a
claim upon which relief can be granted.
3. Insofar as this action is based upon 42 U.S.C. §1985
(3), the complaint fails to state a claim upon which relief can
be granted.
4. Insofar as this action is based upon 42 U.S.C. §1973,
the complaint fails to state a claim upon which relief can be
granted since the complaint affirmatively shows that no
plaintiff is among those empowered to bring enforcement
actions under any provision of the Voting Rights Act of 1965
other than Section 5 thereof.
5. Insofar as this action is jurisdictionally based upon 28
U.S.C. §1331, there is want of subject matter jurisdiction in
this Court since it appears to a legal certainty that the claim
of each class member is in reality for less than the requisite
jurisdictional amount in controversy.
6. Insofar as this action is against the City of Mobile and
is based upon a remedy inferred from the Constitution,
cognizable under 28 U.S.C. §1331, the complaint fails to
state a claim upon which relief can be granted.
7. Insofar as this action is brought under 42 U.S.C.
§1973, the complaint fails to state a claim upon which relief
can be granted, since that statute creates no new right the
violation of which is actionable, but instead only a new
remedy to implement previously held rights.
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/s/ Charles B. Arendall, Jr.
Charles B. Arendall, Jr.
30th Floor - First National Bank
Building
Mobile, Alabama 36602
Attorney for Defendants
OF COUNSEL: i
HAND, ARENDALL, BEDSOLE, ~ °
GREAVES & JOHNSTON :
/s/ S. R. Sheppard
S. R. Sheppard
Attorney for Defendants
OF COUNSEL:
LEGAL DEPARTMENT OF THE
CITY OF MOBILE
[Certificate omitted in printing]
<3
: [caption omitted in printing]
MOTION TO STRIKE
Comes now each defendant in the above-styled cause,
jointly and severally, and moves the Court to strike from
Plaintiffs’ complaint the following prayers for relief:
1. The injunctive relief prayed for in Paragraph V-2 of the
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complaint, in which Plaintiffs seek to enjoin defendants g
“from failing to adopt a plan of city government using single- § s
member districts”. ¥
2. The demand for “an award of reasonable attorneys’ Zi
fees”, contained in Paragraph V-3 of the complaint.
/s/ Charles B. Arendall, Jr.
Charles B. Arendall, Jr.
30th Floor - First National Bank
Building
Mobile, Alabama 36602
Attorney for Defendants
ile
OF COUNSEL:
HAND, ARENDALL, BEDSOLE, 3
GREAVES & JOHNSTON ®
/s/ S. R. Sheppard &
S. R. Sheppard :
Attorney for Defendants 5
OF COUNSEL:
LEGAL DEPARTMENT OF THE
CITY OF MOBILE
[Certificate omitted in printing]
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WILEY L. BOLDEN, et al.,
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
Plaintiffs,
)
)
) CIVILACTION
) No. 75-297-P
)
)
)
)
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CITY OF MOBILE, ALABAMA,
et al., :
Defendants.
ORDER ON MOTION TO DISMISS
The plaintiffs, black citizens of the City of Mobile, seek to
bring this action as a class action on behalf of themselves and
on behalf of all other black persons similarly situated,
pursuant to Rule 23(a) and Rule 23(b)(2), Federal Rules of
Civil Procedure.
It is alleged that they, and all other such persons, have
been, are being, and will be adversely affected by the
defendants’ practices complained of, to wit, they are and
continue to be deprived of equal protection of the laws
because of the election at large system of the City
Commissioners to numbered places. It is claimed this
discriminates against black residents of Mobile in that their
concentrated voting strength is “diluted and cancelled out by
<O
the white majority.”
The plaintiffs seek the following relief: (1) a declaratory
judgment that the election system violates the First,
Thirteenth, Fourteenth, and Fifteenth Amendments to the
Constitution of the United States and 42 U.S.C. §§1973,
1983, and 1985(3); (2) issue an order enjoining the de-
fendants, their agents, etc. from holding, supervising, or
certifying the results of any election for the Mobile City
Commission under the present at-large election system, and
from failing to adopt a plan of City government using single
member districts: (3) award the plaintiffs costs and a
‘reasonable attorney’s fee; (4) grant such other and further
equitable relief as the court may deem just and proper.
Jurisdiction is invoked pursuant to28 U.S.C. §§1331 and
1343.
The motion to dismiss the City of Mobile as a party
defendant answerable under Section 1983 is well taken and
should be granted. It is clear that a municipal corporation is
not a “person” within the meaning of 42 U.S.C. §1983, City
of Kenosha v. Bruno, 412 U.S. 507 (1973), 37 L.Ed.2d
109, 93 S. Ct. 2222; Monroe v. Pape, 365 U.S. 167 (1961),
5 L.LEd.2d 492, 81 S. Ct. 473.
The motion to dismiss the City of Mobile under § 1985(3)
is due to be granted. The City of Mobile is not a “person”
within the meaning of that section. Bosely v. City of Euclid,
496 F.2d 193 (6th Cir. 1974); Mack v. Lewis, 298 F. Supp.
1351 (D.C. Ga. 1969).
Furthermore, a claim against any defendant is not stated
pursuant to that section.
In Westberry v. Gilman Paper Co., 507 F.2d 206, 214
(1975), the Fifth Circuit summarized a 1985(3) cause of
action as follows:
26
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“This requires that the complaint show that there was a
conspiracy; that such a conspiracy be for the purpose of
depriving an individual of the equal protection of the
laws; that the co-conspirators acted in furtherance of
their conspiracy, and that the plaintiff was injured in his
person or property or actually deprived of a citizen’s
right or privilege. Second, as the Supreme Court noted
in Griffin: [T]he language of [of 1985(3)] requiring
intent to deprive of equal protection or equal privileges,
and immunities means that there must be some racial or
perhaps otherwise class based invidiously discrimina-
tory animus behind the conspirators’ action.”!
Plaintiffs have not set out sufficient allegations of a
conspiracy to meet this test. They only alleged that the
election system discriminates against them. [Complaint I'V-
E] Therefore, insofar as the action is based on 42 U.S.C.
§1985(3), the complaint fails to state a cause of action and
the motion to dismiss this cause of action as to all defendants
in the complaint is well taken and is GRANTED.
The defendants’ motion to dismiss the cause of acti~n
under the Voting Rights Act of 1965, 42 U.S.C. §1973 is
not well taken and the motion is DENIED as to all
defendants.?
Therefore, under 28 U.S.C. §1343(4), this court has
jurisdiction of all defendants including the City of Mobile as
to this cause of action.
Since this court has jurisdiction under §1343(4), it is
‘unnecessary to discuss the jurisdictional issue under 28
See Griffin v. Breckenridge, 403 U.S. 88.
See the amendment to the Act approved August 6, 1975: “Section
401. Section 3 of the Voting Rights Act of 1965 is amended by striking
out ‘Attorney General’ the first three times it appears and inserting in lieu
thereof the following ‘ Attorney General or an aggrieved person.” U. S.
Code Congressional and Administrative News, P.L. 94-73, 89 Stat.
404.
27
U.S.C. §1331.2 Therefore, motion of defendants as to the
cause of action under §1973 and the attack of the juris-
diction as to §1343(4) is not well taken and is hereby
DENIED.
The defendants’ motion to strike attorneys’ fees and the
injunctive relief prayed for in paragraph V-2 is DENIED. *
Done, this the 18th day of November, 1975.
/s/ Virgil Pittman
UNITED STATES DISTRICT
JUDGE
¥The complaint alleges an amount in controversy of $10,000 or more,
but briefs claim the jurisdictional amount is based on a $10,000 loss to
defendants rather than to the plaintiffs. For a good discussion of the right
to proceed under §1331 with less than the $10,000 jurisdictional
amount, see Cortright v. Resor, 325 F. Supp. 797 (D.C. N.Y. 1971) atp.
808. The case was reversed for other reasons. :
‘See the amendment to the Act approved August 6, 1975. “Section
402. Section 14 of the Voting Rights Act of 1965 is amended by adding at
the end thereof the following new subsection: (e) In any .action or
proceeding to enforce the guarantees of the fourteenth or fifteenth
amendment, the court, in its discretion, may allow the prevailing party,
other than the United States, a reasonable attorney's fee as part of these
costs.” Supra, footnote 2.
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILEY L. BOLDEN, : CIVILACTION NO:
715-297-P
Plaintiffs,
vs.
. CITY OF MOBILE,
et. al,
Defendants.
ANSWER
~ Come now the defendants, the City of Mobile, Alabama,
and Gary A. Greenough, Robert B. Doyle, Jr., and Lambert
C. Mims, individually and in their official capacities as
Mobile City Commissioners, and, in answer to the named
plaintiffs’ complaint, say: .
FIRST DEFENSE
IL Jurisdiction
Defendants admit that this Court has subject matter
jurisdiction of this cause insofar as it is a claim against the
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said commissioners under 42 U.S.C. §1983, juris-
dictionally premised upon 28 U.S.C. §1343. In all other
respects the allegations of Section I of the complaint are
denied.
II. Class Action
1. Defendants admit that the named plaintiffs purport to
represent a class composed of all black citizens of the City of
Mobile, but deny that this action may properly be maintained
as a class action on behalf of such persons.
2. Defendants deny that blacks as such are adversely
affected by any practices of defendants.
3. Defendants deny that blacks are, or continue to be,
deprived of the equal protection of the law in the City of
Mobile.
4. Defendants admit that the joinder of all members of the
purported class would be impracticable.
5. Defendants deny that the named plaintiffs may
properly represent all black citizens of the City of Mobile.
Defendants say, on the contrary, that the political ideas of
the named plaintiffs with respect to the issue in this case are
not shared by all blacks in the community; that there is
disparity among black citizens, as there is among white
citizens, with respect to the form of city government which is
desired.
6. Defendants deny that they have acted or refused to act
on grounds generally applicable to the purported class.
7. Defendants deny that injunctive or declaratory relief
with respect to the purported class is proper.
8. Except as herein expressly admitted, defendants deny
all allegations of Section II of the complaint.
30
subst
resids
2
all al
Y
juris-
| other
int are
port to
City of
itained
rersely
to be,
_ity of
5 of the
5 may
fobile.
leas of
ase are
here is
~ white
hich is
1to act
SS.
y relief
s deny
III. Parties
Defendants admit the allegations of Section III of the
complaint.
2 IV. Nature of Claim
~. 1. Defendants admit that the Mobile City Commission is
the governing body of the City of Mobile by virtue of, but
. only to the extent allowed by, statutes enacted from time to
time by the Legislature of the State of Alabama. Pursuant to
_ "such statutes, the commission performs certain executive
and administrative functions and holds limited legislative
powers. Plenary legislative authority over the affairs of the
city is vested in the Legislature of the State of Alabama. The
three city commissioners are elected at large to numbered
places, each of which has different legally specified func-
tions. Certain sections of the city are predominantly white
. and others are predominantly black, but such sections are
scattered over the city and there is no geographical area of
substantial size in which both whites and blacks do not
reside.
2. Except as herein expressly admitted, defendants deny
all allegations of Section IV of the complaint.
'V. Relief
Defendants deny the allegations of Section V of the
complaint and deny that the relief sought by the named
plaintiffs is necessary or proper.
SECOND DEFENSE
All aspects of the government of the City of Mobile are
subject to determination by the Legislature of the State of
Alabama. In the exercise of its discretion, the Legislature has
provided that the city have a City Commission form of
government, as distinguished from a Mayor-Council or
Mayor-Aldermen or City Manager form, and has specified
the number of commissioners and the method to be used in
electing them. Under our federal constitutional system, the
~ determination of such matters is committed to state gov-
ernment and its components for resolution. The system
chosen by the Legislature does not unconstitutionally de-
prive any of the many identifiable segments of the
community from equal access to the electoral process, or
discriminate for or against any such segment, and the
continued existence of such system should be permitted by
the judicial branch of the United States government.
THIRD DEFENSE
The choice of the form of city government is a political
issue committed under our federal system to the states for
resolution and, in the case of the City of Mobile, the issue has
been resolved by the Legislature of the State of Alabama in
favor of a City Commission form of government elected at
large. If the named plaintiffs, or any other black citizens of
the City, desire to change Mobile’s form of government, they
should seek appropriate action by the Legislature, which has
authority over such matters and in which blacks from Mobile
are currently serving as elected members.
3<
obile are
State of
ature has
form of
uncil or
specified
= used in
tem, the
ate gov-
system
pally de-
of the
’Cess, or
and the
pitted by
nt.
political
ates for
ssue has
bama in
ected at
izens of
nt, they
1ich has
Mobile
FOURTH DEFENSE
The relief sought by plaintiffs in this cause ought not to be
granted because it would effect a deprivation of due process
“and equal protection of law, since if each commissioner were
required to be elected from a single-member district, without
‘a change in the statutory duties of the respective city
commissioners, each commissioner, managing a particular
i ' function of city government (e.g., finance), would be directly
. responsible only to one of three geographical districts of the
. city. The result would be that the remaining portions of the
- city would have no vote at all either for or against such
. commissioner, who would execute policies of government
. without responsibility to two-thirds of those governed.
FIFTH DEFENSE
The relief sought by plaintiffs in this cause ought not to be
‘granted because, in order for any court-ordered single-
. member district plan to be imposed that would avoid the
existence of a city government without electoral responsi-
bility and consequent deprivation of due process and equal
protection of law, it would be necessary to change the form of
city government validly enacted by the Legislature of
| Alabama from a city commission form to some other form of
' government. The choice of a form of city government is a
| function which our federal constitution entrusts to state
government and its components, and the imposition of a
. different form of city government by a United States Court
‘would violate established constitutional principles of comity
“and federalism.
33
/s/ C.B. Arendall, Jr.
C.B. Arendall, Jr.
- 30th Floor, First National Bank
Bldg.
Mobile, Alabama 36602
Attorney for Defendants
OF COUNSEL:
HAND, ARENDALL, BEDSOLE,
GREAVES & JOHNSTON
/s/ S.R. Sheppard
S.R. Sheppard
OF COUNSEL:
"LEGAL DEPARTMENT OF
THE CITY OF MOBILE
[Certificate omitted in printing]
34
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILEY L. BOLDEN, ET AL, :
Plaintiffs,
Vs. + CIVIL ACTION
= NO. 75-297 P
or +. CITY OF MOBILE,
5. ~ ALABAMA,ET AL,
Defendants.
ORDER
The plaintiffs have filed a motion for an order certifying
that they may maintain this action as a class action under
Rule 23(b)(2) of the Federal Rules of Civil Procedure.
The Court having considered the motion, oral argument
and briefs of the parties certifies that the plaintiffs may
maintain this action as a class action.
~The plaintiff class for the purposes of injunctive relief
~ under Rule 23(b)(2) F.R. Civ.P. is defined by the Court as
. all black persons who are now citizens of the City of Mobile,
- Alabama. :
The Court finds that this class action complies with the
requirements of Rule 23(a) and (b)(2) F.R.Civ.P. and that
the named plaintiffs have the standing to raise the issues for
35
the purpose of injunctive relief.
DONE at Mobil: i 1 pH e, Alabama, this 19th day of January,
/s/ Virgil Pittman
UNITED STATES DISTRICT JUDGE
36
The Un
of this law
. | in this cc
a
—
—
—
—
—
—
: conclusio
i Itis Ol
pursuant
.1978, wi
| election
granted re
lis hereby
. States St
| Done,
nuary,
IDGE
[caption omitted in printing]
ORDER 2 The United States Supreme Court having granted review
i | of this lawsuit on October 2, 1978, and for the reasons stated
£ | in this court’s Order of April 7, 1977 (the findings and
& conclusions of which are incorporated herein by reference),
g | tis ORDERED, ADJUDGED, and DECREED that
© | pursuant to the last paragraph of this court’s order of May 31,
2 .1978, which provided for a stay of the mayor-council
5% election ordered therein in the event the Supreme Court
+ granted review, the election ordered for November 21, 1 978,
5 lis hereby STAYED pending further orders of the United
. States Supreme Court.
€ . Done, this the 3rd day of October, 1978.
/s/ Virgil Pittman
Virgil Pittman
by W.B. Hand per instruction
UNITED STATES DISTRICT
JUDGE
'U. S. DISTRICT COURT
SOU. DIST. ALA.
FILED AND ENTERED THIS THE
3rd DAY OF OCTOBER 197 8
MINUTE ENTRY NO.
WILLIAM J. O'CONNOR, CLERK
BY-
Deputy Clerk
37
SUPREME COURT OF THE UNITED STATES
OFFICE OF THE CLERK
WASHINGTON, D. C. 20543
October 16, 1978
J. U. Blacksher, Esquire
1407 Davis Avenue
Mobile, Alabama 36603
RE: City of Mobile, Alabama, et al v.
Wiley L. Bolden, et al., No. 77-1844
(A-315)
Dear Sir:
The Court today entered the following order in the above-
entitled case:
“The application of appellees to vacate the order
issued by the United States District Court for the
Southern District of Alabama on October 3, 1978,
presented to Mr. Justice Powell and by him referred to
the Court, is denied.” :
Very truly yours,
MICHAEL RODAK, JR., Clerk
by
Francis J. Lorson
Deputy Clerk
38
[ce: list omitted]
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blacks were disinfranchised before 1950.
MR. BLACKSHER:
All right, sir. There is some question in this
case whether there was any discriminatory racial motive
behind the 1911 Act.
THE COURT:
All right. Go ahead, Mr. Blacksher.
MR. BLACKSHER:
We call Dr. McLaurin.
DR. MELTON McLAURIN
the witness, called on behalf of the Plaintiffs, and
after having first been duly sworn to tell®the truth, the
whole truth, and nothing but the truth, took the stand and
testified as follows:
DIRECT EXAMINATION
BY MR. BLACKSHER:
Q - May it please the Court, this is Dr. Melton A.
McLaurin. Dr. McLaurin was born July 11, 1941. His place
of birth was Fayetteville, North Carolina. His present |
address is 808 Deerfield Court, Mobile. He is married. |
His formal education includes a Bachelor's Degree
and I
Mobile
witnes
have m
be qua
Histor
THE CO
18
and I have taught non-credit courses in the history of
Mobile. Those are the basic courses that I teach.
e
a
l
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l
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:
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:
la
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|
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his ¢ Q Where did you teach these non-credit courses on
ve the history of Mobile?
& A At the University of South Alabama continuing
3 ; education division.
i | Q Have you ever testified in Court as an expert
5 witness, Dr. McLaurin?
3 A No, I haven't.
of
E Q Have you ever testified as a witness in any role
8 in Court?
ffs, and A No. I haven't.
the MR. BLACKSHER:
d and Your Honor, on the basis of the testimony of the
! witness and the evidence in his curriculum vitae, which we have not completely summarized, we move that Dr. McLaurin
i be qualified as an expert witness in the field of Southern
History, generally, and in the history of Mobile, Alabama?
THE COURT:
All right. Go ahead. place
MR. BLACKSHER:
Q Dr. McLaurin, what was the beginning of black
A political activity in Mobile, Alabama?
pgree
iI A Blacks became politically active in Mobile with
-
Js Al : de
fe
rm
en
ns
s
e
n
B
L
A
S
O
N
the beginning of radical reconstruction in the spring of 1867
and that was the beginning of their political activity.
Q How did they become active?
MR. ARENDALL :
Objection, irrelevant.
THE COURT:
I will let him show it: Overruled.
A They became politically active in almost all areas.
They held a convention immediately after the passage of
the Reconstruction Acts and gathered themselves together
to decide what activities to engage in. From that point
forward, which was in May of '67, and were active in almost
all fields of political endeavor.
Q ; What about black citizens in Mobile, particularly?
Were they any more active?
A Well, Mobile was the major urban center in the
State and blacks congregated here at the end of the war and
held sort of a black political convention here -- not at the
end of the war, but at the beginning of radical recomstruc-
tion, yes. In a way, Mobile was a center for black political
activity.
Q Were black Mobilians active in any way in forming
policy?
A Blacks were represented at the convention in 1867
p
—
e
—
i
e
a
e
—
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fs 74
to
a
1-19
A
T
5
hl
a
r
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Ia
EA
19 > ad vr MEET E ’
¢ which wrote the constitution in 1868 and actively partici-
of 1867 ¢
& pated in that convention.
Vo 5 %
% Q Do you recall the names of those black delegates?
: THE COURT:
& Is that detail necessary? You know, you are going
i over something that is generally knowledgeable. It is all
% right to build your pattern, but cut down on some of it unless
¥ the name has some particular significance.
areas. 5
iF MR. BLACKSHER:
o f %
a We will move along, your Honor.
her gr
tne x Q I don't want to say it was generally knowledgeable.
in is.
pr Most of it was new to me.
almost &
= THE COURT:
| Well, go ahead.
larly? Be
E MR. BLACKSHER:
h 3 | Q What about from the period 1868 or 1867 forward,
he 3
¥ were blacks politically active in Mobile then?
rar and | 3
A Blacks were active in Mobile politics and in the
at the) =
| : State, in general, up until 1901 and they were active
ystruc- id
3 throughout that period.
»olitical ; 2 P
g Q What was the effect of the 1893 Sayer election law,
; and what was that?
yrming
MR. ARENDALL:
Objection, irrelevant.
n 1867 3
Seri pe = agery Sits
THE COURT:
I will let him testify.
A The Sayer election law was introduced primarily
conservative elements of the Democratic party in an by the
intent to cut down on the populist vote. It was a direct
result
and it was an effort to disinfranchise voters in lower
socio-economic groups, including blacks, to some extent.
Q Did the Sayer law disinfranchise all black
voters?
A No.
Q You say up until 1901. Would you describe what
happened then?
A Nineteen hundred and one, the new constitution
was adopted and one of the major purposes was for -- for its
adoption was disinfranchisement of black voters. That was
primarily it. And with the adoption of that constitution,
blacks were effectively moved from the political process
from the State of Alabama and the City of Mobile.
Q Was black disinfranchisement the principal purpose
of the 1901 Alabama Constitution?
A I would say black disinfranchisement was the
in principal purpose for the constitutional convention and,
it was the major way in which the
LILY :
addition to that,
44
roe——————
of a challenge to the Democratic party by the populist
2
mr)
i
S
e
S
E
R
TR
oF,
%
M
Z
3
1 disinfr
primar]
suprema
to the
tution
Q
wanting
A
from tt
causes
to disi
removir
movemer
movemer
patterr
sought
black B
‘“disinfranchisement was sold.
The idea that the convention was going to be held
primarily to disinfranchise blacks and to guarantee white
a
i
e
S
T
E
R
N
E
R
Y
e
e
supremacy was the way the calling of the convention was sold
R
E
Ud
0 (2
3 HH
to the public and it was the way the product of the consti-
%
%
5
“
Fh
tution was sold to the public.
Q What were the reasons for the politicians then
=. £ wanting to disinfranchise black voters?
A The movement probably gained its largest impact
from the idea that black votes were corrupt and blacks
causes corruption in the political activity and, therefore, a t ' to disinfranchise blacks would be a political reform by removing corruption from politics.
Now, that is the reason that is generally stated.
There are other motives involved.
Q What was the so called reform movement that was
going on, at that time?
A Well, this is generally called the progressive
y=
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movement by historians and in the south the progressive
“pose | movement included disinfranchisement because the black voting
patterns were shown as corrupting patterns. Various whites
sought the black vote.
y, in] As a matter of fact, it would be manipulated in the |
, black belt counties to assure this passage.
3 45
J
Q Was disinfranchisement, as carried out through the
1901 constitution, resisted by black citizens?
A Oh, yes.
Q What about black Mobilians?
A Oh, yes. Black Mobilians, as a matter of fact,
took the lead, they and blacks in Birmingham, in resisting
disinfranchisement.
Q What were the devices employed by the 1901 consti-
tution to disinfranchise blacks?
A There were a number of them. The basic one was
literacy and property qualifications, residential qualifi-
cations, but the literacy requirement was the basic one.
Q What involvement in the 1901 constitutional conven-
tion was there by white Mobile politicians?
A Well, I think one can say, by and large, the
progressive community in Mobile was considered, at that
time by historians, was to be in the progressive democratic
camp, which was quite active. The register, for example,
was one of the leading newspapers calling for a constitu-
tional convention. Several prominent politicians who would
be considered progressives either supported the convention
or participated in it.
jd 3
Q Who were the delegates from Mobile to that convention?
A Well, the delegates to the convention were Harry
ari ft her ee
Fe
o.
oo
Lo
rd
e
co
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A
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t
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i
Pilisns 8
that come
Q
of the bl]
A
Q
originate
a member
A
attitude
was a ref
Q
commissic
A
progress:
governmes
business
advocate=
considers
reasons,
governmem
movement
adopted -
B
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—q 2}
=onsti-
ne.
conven- |
|
|
at
cratic
ple,
itu-
would
ntion
onvention”
larTy
24
{| movement in the United States. Many other cities had already
adopted the commission form of government, both nationally
Pilians and a gentleman namad Brooks, I belisve, are ths two
that come to mind.
Q Did these Mobilians support the disinfranchisement
of the black voters?
A Yes.
Q Do you have with you correspondence that was
originated by Mr. Harry Pillans concerning his intention as
a member of the 1901 constitutional convention?
A Yes. And I think generally they show a progressive
attitude toward disinfranchisement; that is, disinfranchisement
was a reform, a part of the general reform movement.
Q What brought about the adoption of the current
commission form of city government in 19117?
A Well, I would say it was again considered a
progressive reform. The idea of having a more efficient
government, and particularly a government that was more
business like and one that was less amenable to what the
advocates of the commission form of government would have
considered political corruption. These were the basic
reasons, I think, for the support for the commission form of
government.
It was also a part of the general progressive
f
i
f
i
a
i
C
E
A
E
e
w
s
2: 54 oi
and in Alabama.
Q Was racial discrimination, per se, a motivating
factor in the passage of Act 281 of 1911 which created the
Mobile City Commission?
A I would say that racial considerations, per se, were
not a part of the motivation, for two reasons; the basic one
being that the blacks had already been disinfranchised by the
1901 constitution and its effect upon the blacks of the State
and of Mobile and -- but I think it is also true that the
proponents of the commission form of government were very
much aware of the impact of the changes in the electoral
process and this is one of the things they wanted. They
wanted to get away from what they considered ward politics and
they would have been aware that such a movement would have
diminished the impact of amy voting by blacks in Mobile if
there had been such voting in the future, but I do not see
race, per se, as a reason for the 1911 City Commission. I
would have to say no to that question.
Q What specific connection do you see between the 1901
constitutional convention and Act 281 in 1911?
A Well, the most obvious connection is that blacks in
Mobile were totally unable to register any opinion, any voice
in the development of the form of government, which was
adopted in 1911, and continues to exist. That is the most
\
I x
—
obvious |
Commissi
reform p
south in
general
a part o:
connectit
Q
A
supporte«
supportec
of pes1so:
very gooc
constitu
A
conventic
supported
Commissio Q
[riont aft
R
T
S
U
CR
T
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,
&
R
E
ji
d the
se, were
sic one
d by the
he State
the
very
ral
hey
itics and
have
le if
t see
nN. <1
the 1901
acks in
ny voice
as
mr————————
E
R
R
B
R
aN
on
obvious connection.
The other connection would be this idea of the
Commission form of government being a part of the general
reform package, so to speak, in that in Alabama and in the
south in general, at that time, and the connection between
general reform and the idea of eliminating the franchise as
a part of that general reform, those are the two possible
connections.
Q What about in terms of black politicians?
A Well, many of the progressive politicians who had
supported the constitution of 1901 here in Mobile also
supported the Commission form of government.
of personal connection and Mr. Pillans would be, again, a
very good example, since he was both a delegate; at ‘the 1901
| constitution and was a member of the first City Commission.
lo What about the last mayor?
|
| A Well, Mr. Lyons's position?
| Q That was Pat Lyons?
| A Yes. He was favorable to the 1901 constitutional
|
convention and he also would have, after some thoughts,
| supported the 1911 movement and did serve on the first
Commission as well.
Q What black political activity was there in Mobile
|
| right after 19117
It was that kind
2% 3
A None, approximately none. And, of course, that would
be true, too, earlier, until you get way up until -- the modern
| period, the second World War.
Q When did black political activity again become
significant in Mobile?
A Political activity, per se, not until after the
decision in Smith versus Alright, which allowed blacks to taka
part in white primaries, what has been previously been all
white primaries. 1944 would be the date.
Q The Clerk is handing you 4 document which has been
marked as Plaintiffs' Exhibit number 2.
Would you identify that, please?
A Yes. That is an article by myself.
Q Would you read the title of the article?
A Mobile Blacks and World War II: The Development
of a Political Consciousness.
Q Would you briefly tell the Court the subject of that
larticle?
A Well, I think it would be fair to say that the article
simply recounts the beginning of political activity by blacks
lin Mobile as a result of the second World War, the impact of
returning veterans, black veterans, who had fought in the
second World War and the ideas of equality and so forth and
determined to obtain them in their home town when they came back
~% mx
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r
s
yg
hk
ps
tik
i
Ph
i
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wo
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w SE
i
in tryin,
denied, :
Departme:
Democrat
led by |
Democrat
legislat
challeng
case whi
which wa
unconsti
Q
A
Historie=
Q
would 1i
a regist
A
time, we=
A Se Je I : ed ; es 28
at would # in trying to get the right to vote in 1944, which they were
he modern i denied, and their appeals to the Democratic party and the
: Department of Justice and, finally, the opening up of the
" : Democratic party to black participation and then white efforts
3 led by Gessner McCorvey, who was chairman of the State
he 1 Democratic Executive Committee and others to introduce
to take 1 legislative methods of suppressing black votes and then black
all i challenges to that, particularly the Davis versus Schnell
§ case which led to the declaration that the Boswell amendment,
been B. which was the disinfranchisement amendment was declared
Snconstiturional. That is briefly what the article covers.
1Q Does it mention Mr. Langan's arrival on the scene
as a friend of black interests?
A Yes, sir. It does. Mr. Joseph Langan.
Bent i Q And the article ends off at what point in time?
| It ends in 1950 with the legislative races of 1950. |
;
>f that | IQ Where was that article published, Dr. McLaurin? |
A It was published in the proceedings of the Gulf Const
re article Histories and Humanities Conference, 1973. |
blacks Q There is one set of figures in that article that I |
act of | would like for you to call to the Court's attention. There is
the a registration figure, I believe, for the year of 1946?
h and A That is correct. The registration figures, at that
came back | time, were two hundred and seventy-five registered blacks and
Tay
= 9X
MR. ARENDALL:
Q How many people were on the aldermanic council
unit that governed Mobile, at that time?
I would have A I could not give you an exact figure.
to try to total up the wards and multiply.
Q A mere approximation?
A Approximately sixteen to eighteen.
i Q Now, I will ask you whether or not a study of the
newspaper articles of that time and the quotations of the
comments made by persons such as Mayor Pat J. Lyons demonstrat
that the change to the City Commission form was sold on the
basis of business and other considerations completely unrelate
to race?
CA I would agree that the basic approach in the campaigr
to change the form of government of the City of Mobile would
be an appeal to what would be called progressive economic
motivation, the idea of moving to a more business like form
"of government.
0 And this movement, in Mobile, had its counter part
all over the United States, at that time, did it not?
| A And before that time.
Q In areas where there were no blacks or substantially
none?
A \ Yes. That would be true.
8S
bd
|
S52
36.
ol
4
f:
motivatec
A
MR. ARENI
AE
O
R
E
T
E
A
S
E
' purposes
A
purpose
blacks a
{eintre
constitu
lievery on
}
|year.
i
t
e
ERA A iy 37
Q Desmoines, that is one?
A A Yes.
Q Dayton, that is another?
i have A Yes.
Q And it was not, in these other places, either,
motivated by racial considerations, was it?
A No.
the MR. ARENDALL:
“he No further questions.
onstrates
REDIRECT EXAMINATION
x the |
mrelatdd | BY MR. BLACKSHER:
lq Dr. McLaurin, I believe you said that one of the
-ampaign La | meaningful factors of the 1901 constitutional convention was |
would EF vo disinfranchise poor whites.
ic i Are you saying that that was one of the primary
form 4 purposes of that constitution?
| ! A No. I am not saying that. I am saying the primary
part ¥ purpose of the constitutional convention was to disinfranchise
§ blacks and that, as a secondary purpose, there was a move to
Fo 'disinfranchise poor whites and there were members of the
tially ¢ constitutional convention who would have disinfranchised
3 jevery ons who didn't make at least fifty thousand dollars a
ey
ie ; 53
p
o
n
i
91
|
|
| Whom will you have next?
| MR. BLACKSHER: of the f
Dr. Cort Schlichting. de-annes
; %
DR. CORT B. SCHLICHTING Q
the witness, having first been duly sworn to tell method 1
the truth, the whole truth, and nothing but the truth, took the dat:
the stand and testified as follows: 3
Q
DIRECT EXAMINATION thas wes
mean inc
| BY MR. STILL: : each rac
| 0 May it please the Court, this is Cort Burk of each
Schlichting. He is thirty-four years of age. He now lives is your
: at 301 Vanderbilt Drive in the City of Mobile. : on the =
| He is married. Education includes a PHD from A
| L.S.U. He has lived in Mobile County for the last five years$ § statist:
| and he is now employed as a professor of economics; is that : an stat
correct? 4 exter ir
| A Associate. : data as
Q Associate professor of economics at Springhill ; possible
College. I would ask the Clerk to hand Dr. Schlichting t 2
| Exhibit number 8. 3 regresss
| Would you look at Exhibit 8, please, dottor, and A
eb er of
tell
, took
= lives
m
ve year
8 that
and
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y
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101
pid you talk with Mr. Parker about the inclusion
of the two small areas that were periodically annexed and
de-annexed?
A Very briefly, yes. We had to face that problem.
Q All right. Now, did you talk with them about what
method to use or what method he was going to use to handle
the data regarding those two small areas?
A Yes.
Q Now, considering the annexation, the synthetic wards
that were done the way in which Mr. Parker computed the
mean income computation and the use of the percentage of
each race over the age of eighteen, rather than the percentage
of each race which were actually registered to vote, what
45 your opinion as to the possible negative effect this had
on the validity of the data?
A I felt that we did the best possible job we could do
statistically to obtain the most accurate data we could get.
|All statisticians, all statistical data is going to have some
lerror in it and given that caveat we attempted to gather the
|
|data as best we could and to have it as representative as
possible.
fo) All right. Now, doctor, what is the function of
regression analysis?
A Regression analysis is a statistical technique oo
|
| [102
frequently called regression correlation analysis, where you 4
attempt to see if there is an association between a dependent 3 of the tv
3
variable and various independent variables. BE de-annexte
| © We attempt to explain the variations in the dependent A
variable, that is the movement in the dependent variables Q
by movement in the independent variables. method tc
q In this particular case we are talking about what the data
Tom the independent variable? : A
A The independent variables, there were two of them, Q
where the income, per capita, mean income per capita, was one that were
of the independent variables and the other one was the percent mean ince
of race in a particular ward. each race
9 And what was the dependent variable? of each 1
A The dependent variable was a percent that a parti- is your ¢
cular issue or a particular candidate obtained in a particular on the v:
race, percent of the total vote in that ward. A
Q Are there any problems presented by using two 3 statistic
independent variables rather than one in the same analysis? i Al] stat.
A No. You want to include probably more than one error in
variable, because what you are attempting to do is to find Jars as |
which variable, which thing is effecting the dependent possiile
lvarizbls. So, when you throw in two or more and then by using ?
regression correlation analysis you can find out which one regressic
is the most powerful variable.
56 L368
g |
102 2 101
%
= you : Did you talk with Mr. Parker about the inclusion
sndent E of the two small areas that were periodically annexed and
2 de-annexed?
Sandent g A Very briefly, yes. We had to face that problem.
_ : a All right. Now, did you talk with them about what
Eo method to use or what method he was going to use to handle
hat 1 the data regarding those two small areas?
gi A Yes.
em, ! 0 Now, considering the annexation, the synthetic wards
a8 ORE that were done the way in which Mr. Parker computed the
~ercent mean income computation and the use of the percentage of
each race over the age of eighteen, rather than the ind
of each race which were actually registered to vote, what
Ih '{s your opinion as to the possible negative effect this had
wioular on the validity of the data?
7 A I felt that we did the best possible job we could do
4 statistically to obtain the most accurate data we could get.
sis? § A11 statisticians, all statistical data is going to have some
” 4 error in it and given that caveat we attempted to gather the
ind : [data as best we could and to have it as representative as
possible.
y using : All right. Now, doctor, what is the function of
| :
She ; jregression analysis?
Regression analysis is a statistical technique
Sw By
:
| |
wan i 1 4) |
Q
frequently called regression correlation analysis, where you
|Exhibit
attempt to see if there is an association between a dependent
variable and various independent variables.
; 4) me whett
: - We attempt to explain the variations in the dependent |
A
variable, that is the movement in the dependent variables
: 1Q
by movement in the independent variables. |
| ‘A
Q In this particular case we are talking about what
i > Q
was the independent variable?
1A
A The independent variables, there were two of them, :
i Patterns
where the income, per capita, mean income per capita, was one
| Q
of the independent variables and the other one was the percent ;
| A
lof race in a particular ward. |
| \
1Q
i} And what was the dependent variable? |
A
A The dependent variable was a percent that a parti-
Q
‘cular issue or a particular candidate obtained in a particular :
Fa
‘race, percent of the total vote in that ward.
‘where he
in Are there any problems presented by using two
iused in
independent variables rather than one in the same analysis?
iv. n
A No. You want to include probably more than one
| 3 |variable, because what you are attempting to do is to find
I Q
lwhich variable, which thing is effecting the dependent
: A
variable. So, when you throw in two or more and then by using
Product
regression correlation analysis you can find out which one |i
he that we
is the most powerful variable. ;
= Bb :
fe |
po | 103
nim ET
Me ;
i B All right. Mr. Clerk, would you hand the witness
re you kia
3. |[Exhibit number 9, please?
endent 5% |
$e | Dr. Schlichting, please look at Exhibit 9 and tell
7 |
¥ ‘me whether you have ever seen it before?
apendent Be |
# lA I have.
les 4 |
i IQ What is it?
gL
§ ‘A It is Dr. Voyles's desertation.
what 3 i
¥ 'Q What is the title?
A i
5 A The title of it is "An Analysis of Mobile Voting
hem, BE: |
i. |lPatterns, 1948 to 1970".
7a8 one i : :
‘0 Have you read the entire thing?
percent ;
A No, I have not.
1Q Have you read parts of it?
|
£5 A Yes.
rti- ba 0 |
ge. 1Q What parts have you read?
ticular
A I have read the methodological parts, the portions
‘where he deals with the statistics that he had gathered and
iused in his desertation.
sis?
n Does Dr. Voyles use regression analysis?
e
A In a manner of speaking, yes.
ind
1Q What type of regression analysis does he use?
A His statistical .analysis is called Pearson's
y using
E: ‘Product Moment Method. It is one of two main kinds of ways
one A |
3 ‘that we can look at variables and see which ones are A
foe | Ne |
|
2d 110
| the dependent variable.
|
'Q Did we use the same method in ours?
: 1 gé0able 0
‘A No. We did not. ;
rime?
Q What did we use? a
A We used what is called least squares method. “ Ya
: ' 3
4 In terms of Dr. Voyles's methodology, would you ¢ 11d he do
: : fr
compare that with ours and tell us what the major differences pS \
§ 3
$ 48 ‘
were, if any? i it to the
tA There are no real major differences. The difference 3
| 5 compared
i statistically, the starting point of where you relate the k
i : £ | MR. STILL
various variable values to what base you relate the various g :
; iab 1 ; but 1 i , th i th 5 var able values ut in point of fact, they give you ha tusber 9
+ S878 answer. ! THE COURI
0 Did Dr. Voyles trace income and race data as we
did?
Q Was the general format of that data, as far as you
MR. STILL
‘can tell from the desertation, pretty much the same as ours? :
0
A It seemed to be quite similar. In fact, his format
10 throug
‘is what we used or attempted to use.
Q All right. Now, you have explained that the regression :
the compu
analysis, using the least squares method which we used can
through FE
‘handle two or more independent variables?
A
A Correct.
; 9
ou
2rYences
“erences
“he
ious
1
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3 you
ours?
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can
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105
# i i,
Nn Is the Pearson's R regression analysis technique
R
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,
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TR
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capable of handling more than one independent variable at the
[a rime?
£2 Tar
A Yes, sir, basically.
él ;
i 8) As far as you can tell from Dr. Voyles's thesis,
4 ;
4 4id he do that, did he use more than one at a time?
x No. I think not. I think he used race and compared
A
A
#
[3
ot
it to the percent of vote that a candidate got and then he
| compared income, if I recall correctly.
2.
MR. STILL:
Your Honor, we move the introduction of Exhibit
|| number 9.
|
L £. {' THE COURT:
All right.
(Plaintiffs' Exhibit number 9 received
and marked, in evidence)
MR. STILL:
0 Would the Clerk please hand the witness Exhibits
' 10 through 53.
Dr. Schlichting, have you had a chance to examine
| the Couputer printouts which begin at Exhibit 10 and go
| through Exhibit 52?
i A Yes.
0 Would you tell the Coyrt what they are as a group,
=
JJ
: :
similar to that giving dates and names?
A Yes, they are.
0 What is the next thing on the computer print out?
A The original data, the table of the original data.
Q And how is that data arranged?
A It is in three columns. The first column is the
percent of the ward population that is black, over eighteen,
1
‘The second column is mean income per capita and ‘the third
|column -- those are both independent variables -- and the
|
third column is the dependent variable. That is the percent
of vote received in this particular case by Mr. Goode.
Q All right. Once that data
THE COURT:
Let me ask you a question. Do you mean the dependent
|
lvariable is dependent on the independent variable?
i
A That is correct. That is what we are trying to
postulate.
HE COURT:
| You are saying there is a causal conneeeion?
No, sir, not a causal connection. There is an A
influence, we think. We are going to test for an influence
at work.
We can't -- statistics say there is a cause and |
| i
effect. We don't have that background.
i tl)
A
causal?
A Y
we are tes
MR. STILL:
N
is fed int
A T
tell the c
0 A
A Y
Q A
specifical
A T
IBM at Spr
to print u
is ict.
Q Ww
for?
A I
administra
of differe
probably a
i308
THE COURT :
By All right. To use your terminology it is less than
x? 3
ka, A Yes. It is influential. At least, that is what
we are testing.
MR. STILL:
2en, 4 | Now, is that all the data, that is raw data that
. is fed into the computer?
2 3 A That is correct, other than control cards that
=ent 3 tell the computer what to do and this sort of thing.
0 All right. Then is the program fed in?
A Yes.
Q All right. Now, is this a program that was written
=ndent] specifically for this case or is it a standard program?
A This is a standard program that was supplied by
| IBM at Springhill, one of many programs. I adjusted it
to print up more than what they supplied, but basically that
is it,
Q What other sort of things does Springhill use this
7
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a
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oy
al
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ot
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for?
Jo
c =
ice A I don't know that Springhill, per se, that is the
administration has used it, but I have used it in a number
ah
aa
e
a
of different things. I have used it in analysis of factors
probably affecting bank credit and I have used it in several
a ia R r— a
Eo reported in his desertation and for various multiple correlat
i | coefficients that we found when we ran all of these computer : said abou
print-outs. : A
1 0 All right. For the top portion of the top sheet first pas
| you have '"Voyles Pearson's R''? : entered |
A Yes. i star by !
i A And you have a set of dates and under each date you ge | variable
[ ‘have income and race? ; Q
A Correct. : MR. AREN
: q Now, is that the Pearson's R for income and the 4
pearsons R for race; is that what it is? A
3 A Yes. : MR. AREN
0 For each one of the elections that we are talking
| about? THE COUR
| A Correct.
nN Now, under regression, you have only listed a E. | table th
coefficient. Is that the coefficient of race or income or ¥ MR. STIL
| of both? ; 3 |
A That is the coefficient of race, unless otherwise ; A
! specified. ‘ | MR. STII
| THE COURT: :
Hold up. The Reporter has to change his tape. | If you w
(OFF THE RECORD) | some mor
IWR. STILL: THE COUF
6%:
bows |
Lan Eo | Si 132
rrelatjon 3 Would you repeat the last sentence or So that you
“Puter said about the stars?
A All of our coefficients as shown in the middle of the
=e t first page and on down refer to race as the factor that
entered first in the regression analyses unless there is a
star by it, in which case, income was the most significant
= you | variable.
Q All right.
: MR. ARENDALL: |
= y Where is a star?
¢ A There are no stars on the first page.
4 MR. ARENDALL:
ing i I see.
ao
§ || ™E court: |
i I think you should make a note at the top of that
£ | table that it is race unless indicated with a star.
or ¥ MR. STILL: |
: | liould you so indicate, please, next to the fetresston
se i A Yes.
: MR. STILL:
Your Honor, I am through looking at my copy of. it.
If you would like to look at it, we will be referring to it
some more.
THE COURT:
63
TR
E
Se
ti
| P
E
R
R
I
S
R
A
R
E
R
0
All right.
MR. STILL:
Now, Dr. Schlichting, is there a point in which
the multiple correlation coefficient is considered to be
significant or not significant in regard to the type of
analyses we have been running here?
A Well, as Dr. Voyles shows in his desertation, there
is a table in here that lists the ranges within which these
are values the regression coefficients are significant or
not significant. Basically, anything above say fifty --
point five, point six, will begin to give you significant
relationships. J
Q All right. Now, would that also include above
if we want to call that a negative point six?
A Yes. The sign is ignored.
Q All right. Now, if there was a correlation between
two variables and the multiple correlation coefficient came
out to be one point zero with a plus sign in front of ir,
what would that indicate as to the relationship between the
two variables?
HA It would indicate that there is a perfect relation-
ship between the two variables, that the independent variable
can perfectly explain the dependent variable.
Q If the multiple correlation coefficient came out as
64
133 r
e
i wr ax
T
T
wr
ks
i
d
T
H
id
along
MR. ST
THE CC
with =
MR. BI
commor
to the
| THE CC
tion-
riable
ut as
133
| where blacks and whites are running against each other that
MR. STILL:
along racial lines, what is the cast of this?
MR. STILL:
This is to show votes do polarize.
THE COURT:
I think we recognize in most elections, particularly
that is the case?
We would point out to your Honor we have only two
or three instances in the twenty year period in which blacks |
| have run for the City Commission and these elections we are |
talking about are, in most cases, whites versus whites so |
that we can show that there is a racial polarization.
THE COURT: |
Yes. Certainly we take common knowledge of that. When
|
| Mr. Langan ran he became identified with black voters and |
| THE COURT:
there was a certain polarization there.
What I am saying, is when race becomes identified
with a certain candidate, there is a tendency for polarization.
MR. BLACKSHER: : |
Tudse, I think we have felt that we have that
common knowledge, but what we are trying to do is verify that
to the extent that we can.
n
a
F
E
,
a
i
n
t
65° !
THE COURT:
All right.
(Plaintiffs' Exhibits 10 through 54,
inclusive, was received and marked,
in evidence.)
MR. STILL:
0) Dr. Schlichting, that's all the questions I have for you, at this time. Please answer Mr. Arendall's questions.
THE COURT:
You may proceed.
CROSS EXAMINATION
| BY MR. ARENDALL: 1 Q Dr. Schlichting, without ever putting one finger
{
“on a computer I will ask you whether or not you would have
figured that in the days of school dessegregation issues,
| adoption of the Civil Rights Act, the voting rights act
char there would have been some tendency on the part of
blacks to vote one wav and the whites to vote another.
MR. STILL:
Objection, your Honor. The witness is a statistician
and not a political scientist or a politician.
THE COURT:
Well, if he reads the newspapers and follows current
—1 148
6b.
Go ahead.
proof to
let's tal
A
Q
tell us
as deter
anything
whether
A
at -- as
merely t
have bee
"R" squa
“RY sque
talk abc
A
tician
rrent
148
| proof to recognized facts.
vents. I think he can give some opinion, not 2% an expert,
but as a layman.
I think it is almost a matter of GoThon knowledge.
Go ahead. As Mr. Blacksher has said, you can give statistical
Go ahead.
A I would have to say yes, certainly.
MR. ARENDALL:
0 Now, as far as the statistical proof of this thing,
let's take a look at it, if you will.
First, would you tell us what "R" square is?
A "R'" square is multiple coefficient of determination.
Q As related to the regression analysis which you did,
tell us how it operates and what it's perimeters are insofar
|
as determining whether or not your regressiona analysis shows |
anything worth looking at, insofar as the matters concerning
whether race or economics had a greater impact on the election
In looking A Regression analysis are also interesting.
at -- as far as your particular question -- "R" square is
merely the square of the coefficient of correlation that we
have been talking about. The reason we used "R" rather than
"R" square is because Dr. Voyles had used '"R'" rather than
"R" square.
1}
"R" is on a base from zero to one and allows us to
talk about a scale like -- the power of a variable in explaini
3
FP 1
—————
Fe | =
t+ wards?
MR. BLACKSHER :
I think that is what they showed.
THE COURT:
All right.
MR. BLACKSHER:
I am not going to stipulate to every one of them.
It is our impression that they didn't carry many, if any.
| MR. ARENDALL:
Q So, Dr. Schlichting, isn't it fair to say that of
the three black candidates in 1973, if they tended to get
any votes, they tended to get them from blacks, but didn't
get any appreciably?
A My understanding was that these were minor candidate
yes.
Q Exhibit 50, 1973 City Commission runoff, Greenough,
using Voyles's data. What is the "R" square?
A Point three five one eight. :
Q Exhibit 51, 1973 change of government referendum?
A Point six four four nine.
Q I believe that you told us that in the 1963 government
change that you found no substantial relationship between
vote and race, did you not?
A I can go back and check that. I don't recall having
68
ws 2.01 : tee lie
a Me A L
= except with respect to the Langan races in 1965 and 1969,
3 your regression analysis doesn't attempt to show anything
Ss statistically worth while except with respect to those races?
x A No, sir. What about the Outlaw one for '65; that
} was point seven seven, and the Luscher one, that was point
E seven eight?
ya. i Q That was a 1965 race between Mr. George McNally and
7: : Mr. Outlaw, and Mr. McNally had been in office, hadn't he, |
: for a good while? :
«ot A I don't know. |
vet Q Were yoii 1h Mobile, at that time? |
inte A No, sir.
0 I guess, then, we get down again you don't know uc
didates, to quantify factors such as Mr. McNally's conduct in |
office and any problems he and Mr. Trimmier and others had |
2ough, been having in that position? |
| A No, sir.
0 All of that is omitted from these statistics? |
ium? A Certainly. |
Q Now, going back to what you said at the very |
ernment beginning of your examination by Mr. Still, did I understand |
ny you to say that the reason that you directed Mr. Parker to |
use 1970 economic data in connection with certain races |
having |
i — 209 | :
and did not give an absolute mean income.
It would say from one thousand to twenty-six hundred
or something. It did not say the mean income is two
thousand dollars. Do you follow me?
MR. ARENDALL:
No further questions.
MR. STILL:
Thank you, Mr. Parker. That's all.
THE COURT:
All right. You may step down.
Why don't we take a ten minute break right here.
.
( RECESS )
THE COURT:
All right. You may examine the witness.
WILEY L. BOLDEN
A Plaintiff, taking the stand in his: own behalf,
and after having first been duly sworn to tell the truth,
the whole truth, and nothing but the truth, took the stand
and testified as follows:
DIRECT EXAMINATION
BY MR. BLACKSHER:
ten (10)
m
—
—
—
a
70
Bolder
Dec em!
Mobil
His ec
callec
of the
Mobile
— 1200 sea al lms pn FES So
Q May it please the Court, this is Mr. Wiley L.
aundred Bolden. He is eighty-three years old. He was born
December 30, 1892 in Hale County, Alabama.
He presently resides at 556 Bellsaw Avenue,
Mobile. He is married and has three great grand-children.
His education, he finished Tuskegee Normal, I guess it was |
called then, in those days, Mr. Bolden, in 1911.
He is presently a member of the board of directors
of the non-partisan voters league and he has lived in
Mobile since 1923.
-e. : Mr. Bolden, did you ever serve in the United |
States Army? |
A Yes, sir.
0 When was that? |
A Nineteen seventeen, September,1917 to March, 1919.
Q Did you serve overseas during the first World War?
A Yes, sir. I d4id.
f n Where was that?
58 A In France. |
h, : |
1 Q What was your rank when you were mustered out of the
an Sot?
A My rank was sargeant. I held the rank of sargeant.
They didn't have it classified then as it is now, but I was
| a line sargeant. :
S——
1 - - —— Tt Rn
3 — 1 20
nN Were you décorated as a result of your service in the A
Army?
Q
A Yes, sir. I was given -- I was sent something like and you w
a plaque,
is that c
0 What did the plaque say? A
A It said Columbia gives to another son a new accolade Q
Sud the chivalry of the Army. Wounded in action, September 4, voters dt
1918. Signed Woodrow Wilson, President of the United States. A
° And you returned to the United States, you say, in Q
119197 the perie
A Yes, sir.
Q And you moved to Mobile when? 1923?
IA April, 1923.
Q After you moved to Mobile, or shortly thereafter,
: did you attempt -- your Honor, recalling your prior instructions to me we intend to profer some evidence of how Mr. Bolden was
jable to register and vote and the circumstances surrounding
is
3
h
u
re
s
P
i
p
n
RS
: | that. when you
yr Cop Rights o
b I Well, I don't see anything before 1950 -- anything A
| 2 after 1950 -- all right. Go ahead. beanch =
4 IR. BLACKSHER : a
1 1 For the record, Mr. Bolden, you did register to vote Q
; in Mobile County in 1925? : with?
| | TTR
| |
203
A Yes, sir. 1 did.
Q And a white pharmacist, Dr. Ortman vouched for you
and you were allowed to register because you were a veteran;
is that correct?
A Correct.
Q But there were not very many other black registered
voters during that period of time?
estes, J: A No, sir.
vin Bs Q Were the black voters who were registered during
the period 1925 to say 1945 organized in any way?
A No.
Q Now, Mr. Bolden, did you know Mr. John LeFlore?
A I did.
so qQ . Who was a Plaintiff in this case and died just a
PrucEions few months ago?
en was A Yoo.
Sing 0 Would you tell the Court how you and Mr. LeFlore,
when you and Mr. LeFlore first joined together in a Civil
Rights organization?
wing A It was in April of 1925. Ve tovasd the Mobile
branch -- we organized the Mobile branch for the national
wo association of the advancement of colored people.
) Yous 4 Q Approximately how many members did you start off
Ia g with? |
i wee Pk TR
: I
ne ; TS Aico, 204 3 . : eid. $04 |
A Ten.
going
Q What kind of activities was the local branch of the time,
NAACP. principally involved with during the period 1925 | you kn
until after the second World War? amend
| MR. ARENDALL:
and th
Objection, irrelevant. New Or
| THE COURT: Q
| I don't really see any need in going into great A
detail. I don't want to circumscribe you too much. It is Q
interesting, but I don't see how it will help us too much A
unless you have some particular point you want to make. this m
MR. BLACKSHER: : United
The only point that we want to show is that the party
local branch was not actively involved in the securement Q
| for blacks....... A
| A During that period, the N.A.A.C.P., the braches, were Q
| not allowed to participate in politics. It was against the Mr. Mel
| regulations of the body -- I mean, the national body. in 194:
0 But the local branch did become active in voter Democr:
| registration in the second World War, did it not? A
| A Yes, we did. number
| 0 Tell the Court what kind of activities the local older
| branch engaged in? Sheriff
| A We engaged in the direction of our group being -- Q
i Ta :
| 204 205
-
going down registering and those who could -- well, at that
time, they had to be vouched for, you know about that, and
| you know the restrictions. That was after the Boswell
amendment was declared unconstitutional, and then in 1946 --
and then in 1948 the case that came up from --went up from
New Orleans through a member of the N.A.A.C.P.
Q Davis versus Schnell?
| A No. That is a Mobile case.
Q Oh, I am sorry.
A Mr. Schnell was the register here in Mobile, but
|
|
this man -- this man carried the Democratic party to the |
United States Supreme Court. The suit involved the Democratic
|
|
he party of the south who said it was then a private party.
Q You are talking about Smith versus Allwright?
A That is what I am talking about.
2S, were Q Were you one of the black voters referred to in
Mr. McLaurin's article which is already in evidence who went, |
in 1944, and attempted to register and vote in the all white
Democratic primary here in Mobile?
3 A I am. John LeFlore, Napolean Rivers,me and any
number of others, Alec Herman and -- oh, any number of the
al gE older citizens, but we were debarred by it then, the then
Sheriff Holcomb. ig an Q All right. Do you recall then the Davis versus
lo
eo
Re
gi
er
W
E
A Oh, yes, we do.
' | | 3
er
—
—
—
opposed it.
Yes. A
of the black community?
A Mr. Langan asked the legislature
salaries.
Schnell case striking down the Boswell amendment?
Q Thereafter, was there some other activity in the
legislature, that you can recall, where the Boswell amendment
or something like this was attempted to be re-established
! in Mr. Joe Langan, as a state legislator, fought against it?
| A Yes, sir. But my memory does not serve me well
| enough to say who advocated that kind of legislation, but it
was attempted and Mr. Langan, then a very fair minded and
fine citizen, as well as one who represented the people, he
Mr. Langan first came to the attention of the local branch
as being one of the politicians who was acting in what was
perceived to be in the interest of the black community?
! I Q What else did Mr. Langan do that caught the attention
he held up -- he was then a Senator from Mobile. He was
State Senator and he held up all legislation there until the
black teachers of Mobile County were given equalization in
In other words, he equalized the salaries of the blas
Q Well, do you remember that that was about the time that
-- in other words,
a
‘76
teache:
with ma
Alabam:
Q
branch
A
fairne:
they stu
Q
non-pas
differe
voters
A
of Alat
into Cc
Judge c
against
other w
turn ow
common E
all thc
N.A.A.C
fine ors
% 207
ks | teachers of Mobile County and that, in my judgment, made him
2 with me, especially, one of the most outstanding men in
“he 3 Alabama.
andment 2 0 Was he thereafter supported actively by the local
1ed © branch in his various election campaigns?
gt it? 3 A Yes, he was. All blacks who realize what he -- his
11 4 fairness toward them and that had -- I won't say that any way
ut it : | they supported to Mr. Langan because they should.
and i Q Did the local branch -- well, I guess it was the
2, he non-partisan voters league. Describe to the Court the
difference between the local branch and the non-partisans
time that voters league?
anch A During 1963, when Mr. Patterson was the governoc. :
was of Alabama, then, and the N.A.A.C.P. was sued and brought
{ into Court in Montgomery, Judge Walter Jones was the presiding
Judge or Circuit Judge there, then, and he gave a judgment
tention . against the N.A.A.C.P. for a hundred thousand dollars. In |
! other words, the chief counsel for the N.A.A.C.P. refused to |
words, | turn over to him the list of its membership, because it was
1s commonly conceited that reprisals would be taken against
il the all those who held jobs like teachers and what-not.
1 in So, Robert Carter was then the chief counsel for the
N.A.A.C.P. and he refused and thay slapped a hundred dollar
the black fine on him and he immediately appealled the case to the
et el eam ” 55 -
United States Supreme Court and, of course, we were held up
for eight years.
0 What did that have to do with the non-partisans
voters league?
A When they debarred the N.A.A.C.P., the injunction
Judge Jones gave against us debarred us from activity,
our case was pending in the United States Supreme Court. So, we went, what you might call, underground and
organized the non-partisans voters league and we kept the
work of Civil Rights going just the same. Q What year was that?
A Nineteen sixty-three to nineteen seventy-one.
|
THE COURT:
What years were those?
Nineteen sixty-three to nineteen seventy-one. tA
| MR. BLACKSHER:
What happened in 1971, Mr. Bolden?
The United States Supreme Court gave, you know, the
the N.A.A.C.P. didn't have to turn over the membership
i
|
11st and the fine was set aside.
0 But the nonpartisan voters league remained on and
|
is still, today, is a separate branch of the N.A.A.C.P.?
‘A Yes, sir. Very much so.
becaus
208
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¥: Q In the time you have been with the nonpartisans
£ voters league and before then, with the -- well, let's say
13 = 1965, and that is when you were in the nonpartisan voters
league, have you and the other members ever discussed or
ion : attempted to encourage a qualified black candidate for the
because i Mobile City Commission?
: A I think we did. I am sure we did.
and 3 ' Q Do you recall who and when? |
he 3 s Now, the cartwheel, by memory, doesn't click that well,
but I do know we discussed it and some persons did run or did |
attempt to run, |
Q You are thinking about 1973 when Ollie Lee Taylor |
and Lula Albert and Alphonso Smith ran? |
A Oh, yes. I see I had forgotten them, but that --
a yes, I think you are right. I know you are, because I
2 remember Ollie Smith, because he is now in Florida.
Bb Before then, were you successful in getting any other
the | bisek qualified citizens to run?
% A Not that I recall.
kp H 0 Wh ? : ) y not
A Well, one thing, we felt that it would be futile,
rd because -- I mean, that year, when we knew if we ran a candi-
: date in Mobile -- in the City of Mobile, it would be an
i overall thing and we didn't have enough votes to elect
= 76° fer
leg |
P.O. BOX 1971
MOBILE, ALABAMA
|
lanybody and, of course, we had to wait until;- in other words,
our political strength was not -- we didn't feel was well
iecnough up to advocate such a thing and I don't feel that same
way now, if you are going to take it from an overall standpoin
‘I think it would be futile.
n Mr. Clerk, would you hand the witness Plaintiffs’
‘Exhibit 67? I don't think we have marked it now, but it is |
down there.
1 Mr. Bolden, I want you to look at these documents
which are various affidavits signed by black persons. Ome of
‘them is an affidavit by Henrietta Smith saying that she had
{
‘been unable to register, because she had not passed the
{State voting test on August 3rd, 1964.
I Another one, James Brooks, dated August 5, 1964 8 ‘saying that he had been denied the right to register as a
i voter, because he incorrectly answered two of several differen
questions of government.
| Similar affidavits by Joe O. Dickson......
|THE COURT:
|
| Are you referring to the State government? I
iunderstand there were no Federal registrars in Mobile?
‘MR. BLACXSHER:
| Yes,
| August 3, 1964. Another one by -- well, I am aorry. Here is
sir. Another one by Joe 0. Dickson, dated
—
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a
r
e
P
A
YY
S
A
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S
a
the bc
separs
compel
admon£
regist
MR. BL
Exhibi
MR. AR
have n
nation
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well
nat same
standpoint,
ffs
it is
64
Ss a
different
a d
ere is
i
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i
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R
211:
a petition dated June 16, 1964 addressed to the Mobile County
board of registrars signed by Mr. LeFlore and others; do you
see that?
A Yes, sir. I do.
0 Concerning the tests that were being given to persons
as they attempted to register? A Yes.
0 And finally, an affidavit by a Carrie Louise
Marshall dated February 11, 1965, saying that she went to
the board of registrars and was asked there to sit in a
separate room whee negro would be registrants would be
compelled to sit and take their tests, that she obeyed the
admonitions of the white woman official of the board of
registrars and went to the negro registration room.
Can you verify that these are records that we have
taken from the files of the non-partisan voters league?
A I can.
MR. BLACKSHER:
We move their admission, in evidence, as Plaintiffs’
Exhibit 67, your Honor.
MR. ARENDALL:
| If your Honor please, they are clearly hearsay. I
I am satisfied there was some discrimi- have no objection.
nation against them.
| MR. BLACKSHER: * la
| We offer them to show the latest date on which we THE CO
could find overt .....s
i THE COURT: secret.
What is that date? A
OR. BLACKSHER: MR. ARI
February, 1965. Q
OR. ARENDALL: would Et
All except the last one relate to occurrences in A
19647 3
i. BLACKSHER: followe
That is correct, except the 1965 was a segregated as set
|
| registration line. A
H 1 Mr. Bolden. That's all I have. One of the other Q
lawyers may ask questions, A
| THE COURT: own fre
Admitted in evidence, and you may cross examine him. Q
; (Plaintiffs' Exhibit number 67 was received THE COUF
and marked, in evidence)
i Mr. Bold
| substant
l CROSS EXAMINATION i
| -
| BY MR. ARENDALL: | ®
| | + {ITHE COUR
E Mr. Bolden, have you held any place other than that | 3
+] of a direstor of the non-partisan voters league? "1 Ta :
or iy 20
ch we
pated
other
ine him. |
rn that |
AIR aa
i
|
i
| { i
{
213
A Well, we didn't have so many offices there.
THE COURT:
Have you ever been president, vice-president,
secretary or treasurer?
A No. Judge, I haven't; no, sir.
MR. ARENDALL:
Q Have you been one of those who have determined who would be endorsed on the pink sheet?
A I have.
9] Have you considered that the blacks of Mobile have
followed the endorsements of the non-partisan voters league as set out in the pink sheet?
A No, sir.
Q You say they have not followed them? |
A If they followed them, they followed them of their |
own free will and accord.
b) Well, whether -- I understand that each.....
THE COURT:
The question is, though, the thrust of it is,
dr. Bolden, is it your judgement that the black voters have
vibstaneially followed the recommendations of the pink sheet?
A Yes, sir.
THE COURT:
All right.
‘were elected to the various offices to which -- of which they
sought, and the people believed in us, because we did not
give them any misinformation.
A I do.
MR, ARENDALL:
nN In your opinion, is it proper to characterize the
AS
black voters of the City of Mobile as now constituting a block
vote?
{A No, sir.
0 In your opinion, would such characterization have been
proper and, if so, during what periods of time? |
A I don't think that -- I don't think that it had
ever been so. I think that the people -- the black people of
Mobile, who voted -- who went to the poles to the various
wards where they voted, they voted their:.convictions and the
non-partisan voters league put out a ballot and simply said
that these are the men that we have screened and have taken
their positions as to what their platform would be if they
MR. ARENDALL:
nN Well, is it fair to say that voting their convictions
the black individual voters did what the pink sheet requested |
|
them to do?
A Most people who go to the poles now of all groups
83 pe
> the
> a block
have bean
1ad
sople of
Lous
and the
7 said
taken
they
.ch they
not
wictions
|
quested |
--—y-214
215
poles of all groups, they go there and vote, because somebody
has given them some information about the attitude or the
position of the candidates who is running for office and I
think our people did the same thing. They didn't vote them,
because we told them -- they didn't go by that sheet, pardon
me.
THE COURT:
He is not suggesting coercion. What he wants to know,
is do the black voters usually vote for the same candidate?
A No, sir.
THE COURT: All right. Go ahead.
MR. ARENDALL:
Q Mr. Bolden, do you reneiber talking to your lawyers
and I don't know which ones you talked to, but about answering
some interrogatories that we put to each of the named
Plaintiffs in this case?
A I guess I do.
9) Do you remember telling them how you wanted to answer
those questions for yourself, telling them what you thought
the answers were?
A I did.
THE COURT:
Mr. Arendall, I ,sually ask the lawyers to stay at
85
HA I don't know.
their counsel table unless they have some document they want
to show to the witness.
MR. ARENDALL:
I was going to let him look at it.
Q I would like for you, Mr. Bolden, to look at
interrogatory number 40-A and tell the Court whether I
correctly read this.
In your opinion, is it proper to characterize the
black voters of the City of Mobile as now constituting a
block vote. Now, I want to show you the answer that your
attorneys filed on your behalf, and there is a paragraph
here where you will see that they say they thought this was
' an objectionable interrogatory, but look at the "A" and do
they say and do you say to answer that question, "Yes".
Is that what the answer says to your interrogatory?
It doesn't have my name there.
THE COURT:
Does 40-A read No. That is not the question.
The Court takes judicial knowledge that it reads
yes. I just read it there, really.
MR. ARENDALL:
|
Q Forty - B, "In your opinion, would such characterization
ever have been proper and, if so, during what period(s)
86
THE C
answe:
THE Ct
THE CC
4 LAE PURE REE SB ow 11
of time,"? And was your answer to that, "B','yes, from the
ley want
time that blacks were disinfranchised to the present."
Was that your answer, sir?
THE COURT:
He is asking you, Mr. Bolden, if that is the answer
that appears here?
I
A I would like to make that a little more clear to
me.
e the |
MR. ARENDALL: |
1g a
Q Excuse me. Tell me whether or not that is the
your
answer?
-aph
THE COURT:
11s was .
I can see it does.
and do :
A Yes.
THE COURT:
ygatory?
Who are they propounded to and whom are they signed
y |
4 by? |
MR. ARENDALL: |
sad
Judge, they were all signed by counsel, by agree-
ment of the parties.
reads
THE COURT:
They were addressed to Bolden and others?
| MR. ARENDALL:
racterization
That is correct.
(8) :
it ———————————— -—— 87
- | --
TT ——— v—- a—
A
THE COURT:
2 THE +»
All right.
MR. STILL:
| Just for the record, your Honor, I believe they
MR. .
, are signed individually.
| THE COURT:
THE ¢
: Well, let me see the answers.
MR. ARENDALL: |
| A
I beg your pardon, on the back of what I have here
= ; dual
is your signature here, isn't it?
: : THE
| A That is my name.
Q And that is in that same sheaf ‘of papers, the
the .
| answers that I just asked you about?
i |
A
| A What does this say?
THE
bs | MR. ARENDALL:
1 | That is what they call an affidavit.
ti A
bi vA I know it is an affidavit, but what does it pertain
+H
to a:
i to? Did I sign that affidavit? :
ah | Yes. i THE COURT: |
! I
THE
f Is it your signature?
|
|
} A That is my signature, yes. |
} A | THE COURT:
il i MR.
| Do you recall signing it?
| Q
y
| -. SB
an 214 218
epi P20 §
A I do.
THE COURT:
All right. Just one minute.
they Have they been introduced in evidence?
MR. ARENDALL:
No, sir.
THE COURT:
| They should be marked, for identification.
Ve here | A I would like to see if I made that statement indivi-
dually.
THE COURT:
he Mr. Bolden, that is what it Shove. These show
the answers made by you and you signed it.
A Yes, sir. :
THE COURT:
All right.
pertain A All right. Then it is true that I signed it and
| to anything else, because of my memory I will retract that.
| Yes.
THE COURT:
You were born in what year?
A Eighteen ninety-two, December 30.
MR. ARENDAIL:
Q Mr. Bolden, the non-partisan voters league endorsed
— &8 grr pe
Mr. Taylor and Mr. Smith in their campaigns for the City
Commission in 1973, did they not?
| A I think so.
|
| Q Did they endorse Lula Albert?
| A I am not sure. I can't answer that. I don't remember, Mr. Arendall. 0 You knew Mr. Taylor, did you not?
iA Yes, sir.
i Q You did not know Mrs. Albert or Mr. Smith, did you?
r Now, just a minute.
| THE COURT:
| Give him time. He is an old man.
| MR. ARENDALL: 1 Q Let's take them -- did you know Mrs. Albert before
i she became a candidate? A Are these black candidates?
Q Yes, sir.
A What year was this?
2? Nineteen seventy-three.
A To the best of my memory, I cannot recall, to be
truthful, and I couldn't say anything that I wouldn't stand
jon. I wouldn't,
So, I don't remember the non-partisan voters league
endorsing these candidates and, so far as I am concerned, in
r Tw i nee
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MR. ARENDALL:
May 1 ask counsel if they are willing to stipulate
to his answers? A. No. I must say I think I had been operated on in
: | 1972 and was in the Veteran's Hospital in Birmingham, Alabama
at that time.
All right.
MR. ARENDALL:
THF. COURT:
|
May I ask counsel. if they would stipulate that |
|
Mr. Bolden's answers to interrogatories, by saying he did
before know Mr. Taylor but did not know Mrs. Albert and Mr. Smith
and did not support Mr. Taylor? |
| | Well, that is all right. No further questions.
| | MR. BLACKSHER:
|
| Well, I would like to say, for the record, Mr. Bolded
| has signed the interrogatories, but the Court will see that |
to be | there were a number of interrogatories filed and each one is |
t stand | made up of a set of interrogatories which were drafied by |
| | the lawyers. We take responsibility for them, although they
s league | | vere approved by the witnesses and an appendix, in each case,
rned, in of individual information and I would like to say, for the
rT S07 pO
| :
' record, that the way we interpreted the question and the There we)
interrogatory itself pertained to, as we understood the
| question, to whether or not blacks had voted in a polarized prior to
! fashion.
my Oppone
Nn
THE COURT:
)
All right. Go ahead. A
"Leader",
: MR. BLACKSHER: i i ’
No further questions. picture
MR. ARENDALL:
some Word
second tc
No further questions.
| THE COURT:
opponent
| You may come down, Mr. Bolden. . judgment,
MR. MENEFEE:
reasons a
Your Honor, we would like to call Mr. James
i Buskey to the stand. some of t
the wordi
i JAMES E. BUSKEY effect, h
i the witness, called on behalf of the Plaintiffs that I re
I
and after having first been duly sworn to tell the truth, thel the repre
I whole truth, and nothing but the truth, took the stand and Q
}
| testified as follows: A
|
inside, 1
DIRECT EXAMINATION
workers o
| BY MR. MENEFEE: |
|
was the o
WLR 1 3
There were none of this nature.
However, there was, during the runoff, the week
prior to the runoff, literature that was distributed by
my opponent that I considered to be racially oriented.
n Could you describe that literature?
A Yes. It was a full page tabloid called the
"Leader", and on the front of it, the full page tabloid, my
picture was there and covering about a third of the page and
some wording to the effect that this is the man that ran
second to me. The literature was, of course, printed by my
opponent and that, to me, was an indication that, in my
judgment, it was racially motivated and I can go into my
reasons as to why I thought so.
I had, at one time, the tabloid, but 1 lost it. But
some of the wording, although nothing specific about race,
the wording that was on the tabloid said something to the
effect, help me to win the election, and the implication was
that I read into it that if I did not win, this would be
the representative of Senate district thirty-three.
Q And your picture appeared there?
A On the front -- there were other pictures, but on the
inside, indicating pictures of campaign workers and campaign
workers of my opponent, but on the front of it my picture
was the only one there.
; 93
3
———— Ob
10) Do you know if this tabloid was distributed throughout
| Senate district thirty-three, but only in some areas?
A It was not widely distributed. There were two areas
we were able to pinpoint the distribution of that literature.
Q Where was this?
A One was the Eight Mile -- Whistler area and the other
one HES the Chickasaw area.
Q Are those areas predominantly white?
A Yes, sir. TI think Chickasaw may be virtually all
white.
| Q What can you tell me about the racial composition of Senate district number thirty-three? .
A The composition of Senate district thirty-three is
generally fifty percent white and black. It might be as high
as fifty-three or fifty-four percent black. Q Is that population you refer to?
A Population, yes.
THE COURT:
Fifty-fifty, black and white, or maybe a fifty-four
- forty-eight black and white; is that right? A Right. Let me -- because I think you are exactly
right in terms of population. It might be a little high something like fifty-six or fifty-seven in terms of popu-
+94"
lation in favor of the blacks. |
f
23
— 1 228
throughoit by addressing more forcefully those issues?
» A Very definitely; yes, sir.
WO areas Q Do you have an opinion as to why they didn't address
yd rerature. those issues more forcefully if they wanted the votes?
A On the part of white candidates who actively
the other sought or who would actively seek the black votes, in my
judgement, that if that person -- if those people are
| interested in winning, they would not pursue that course
y all | of action, because they would have what you call a white
backlash in the white community, in my judgement, yes.
{tion of Q One student of local politics, Dr. Voyles said that
a substantial black vote for a white candidate would be a kiss
vos is of death for that candidate if he was forced into a run:7f
as high Would you agree with that assessment?
A I agree. This is basically what I tried to pinpoint
| in my statement. If white candidates sought to address
| themselves to concerns of black residents, in my judgement,
|
they will receive a white backlash.
= THE COURT:
~y-four
{
All right. Let's knock off until tomorrow. Be here
at nine o'clock tomorrow.
ctly
gh | ( COURT ADJOURNED )
pu-
| CL 95st
|
A Prior to 1974, in my estimation, it would have been
a waste of time and money. One would have to run, at large,
in either the City or County and, given that set of facts,
the chances of winning the City election or County election
on the part of a black would be nill.
Q The Prichard election, City elections are at large,
are they not?
A Yes, sir.
0 And many blacks have sought office for the City
elections in Prichard?
A Yes, sir.
Q What is the difference between Prichard and Mobile
or Mobile County?
A In the City of Mobile in Mobile County, the voting
strength of blacks is substantially lower than that of whites
In the City of Prichard itself you have a black population
that is in the majority. Whether that is about fifty-five
or fifty-eight percent, I am not sure, but it is a majority
and consequently the potential voting strength of blacks in
the City of Prichard is in the majority.
A black candidate running for an election in the
City of Prichard has at least an equal chance of success at
| being elected and I think they are good.
n Do you know either Mr. Alphonso Smith, Mrs.
canvas
a gres
the vc
96
=
242
————
race this past election? '
mave been
A We have five who actively participated. There were
—t large,
seven who qualified.
facts,
Q Yas there a heated campaign?
=lection
A It was a very vigorous campaign. There was no
| issues that burned in terms of controversy, but it was very
t large,
vigorous in the sense that we had five people actively
campaigning for votes and, to this extent, I guess you could |
Bi say heated, but not heated in terms of controversial issues.
ty
Q Was there, to your knowledge, any door to door
|
canvassing or offers to take voters to the polls and sort of
a great deal of direct contact between the candidates and
Mobile
the voters?
A Yes, sir. At least one, perhaps two. I know for a
voting 2
fact that one candidate did offer to take voters to the polls
of whites
to vote and, as well to the Courthouse to register them. We
dation
it did extensive door to door campaigning and I am sure, to some
w-five
extent, some of the other candidates did some, but not
ajority :
extensively. The offers to take voters to the polls and, you
acks in
know, register voters to register.
. 0 Within the black community what are some of the
1 the
major endorsing groups?
“ess at
| A I would imagine that the two major endorsing groups
| would be -- one, the non-partisan voters league and, two,
{p= WL
only reason I interrupt, the projected trial time, which is
rather lengthy and if these matters are between black candi-
dates and majority black districts, I just think we are
wasting time. If you had a hlack and white candidate, you
might have some relative issue. It is extremely interesting.
TI like politics, hut .....c.s
MR. MENEFEE:
Yes, sir. I was following this line of questioning
{
to show a black perspective on the strength of the non-partisan
voters league.
THE COURT:
Well, if it is between blacks, what help does it
have to us?
MR. MENEFFE:
All right, sir.
THE COURT:
I think it would have some relevance if it was
white and black votes or candidates.
MR. MEREFEE:
Yes, sir.
0 Mr. Buskey, do you have any opinions as to why more
blacks don't seek election to the City Commission and the
County Commission and the County School Board?
A Yes, I have. Punning at large, they wouldn't have
{
vhat ye
to that
HR. ME}
Fxhibit
voter ft
98
tioning
H
1-partisan
3
ly more
the
have
a éhanae. The way it is presently constituted, running at
large would be a waste of time and money and energy.
" Do you think many more blacks would seek election to
these offices if they thought the chances were better?
A Yes, sir.
é. We have discussed the interest that was created in
louse district ninety-nine by the race this past May.
247
There were many other races being run at the time
for County Commission and other posts, were there not?
A Yes, sir.
0 In those races, County Commission, in particular,
can you name any candidates that made any appeals to the
black community for their votes, any substantial appeals:
A Yesterday I tried to indicate that white candidates
in those races did campaign on the black communities.
THE COURT:
Let's don't go over the same thing. I remember
vhat you said yesterday. If you have something additional
to that, you may.
IR. MENEFEE:
Mr. O'Connor, would you hand Mr. Buskey Plaintiffs’
Fxhibit number 3, please? TI am sorry, I mean number 4.
Mr. Buskey, Plaintiffs’ Pxhibit number 4 shows
voter turn out in predominantly black wards and predominantly
93 i
white wards during elections this past May?
THE COURT:
What is the number of the Exhibit?
MR. MENEFEE:
Plaintiffs' Exhibit number 4, your Monor.
THE. COURT:
All right.
| '‘R, MENFFFER:
| Nn There are five wards listed as predominantly black
in the lefthand colum, four of them being within House
ninety-nine?
! A Yes. .
| 7 The turn out figure, rate of turn out, for those
four districts reflect twenty-eight point four percent for
County Commission place number one and then, taking the one
| other predominantly black district, district number
thirty-five - one zero three - one, which, I believe, lics
i in representative Garv Cooper's House district?
| A Yes.
n It shows a turn cut of twenty-two point seven
percent ~- see it with the asterisk in the middle of the page?
A ‘Yes.
J And then for the runoff it falls off to sixteen
| point five percent?
“100 |
A
Q
Yes.
It shows a difference in the runoff election from when
black
R08e
for
le one
lies
en
i 3 Okay. That's all on that.
your race was being run against Mr. Flannagan of eleven --
almost eleven percent between the black districts and
‘louse ninety-nine and the one black district we have been
able to sample outside of House ninety-nine.
Do those figures agree with your general observa-
tions on voter interests in the black community?
A Yes, sir.
I would like to ask you a few questions further
about -- referring to Plaintiffs' Exhibit number three.
Again, we have predominantly black wards and
predominantly white wards. On the second sheet we have turn
out figures on the second sheet of it we have turn out figures
for 1973 City Commission race and we see, for example, place
one runoff.....
"IR. ARENDALL:
I beg your pardon. What Exhibit are you looking at?
IR. MENFFEE:
This is number three. Place one runoff, which was
the contest between Mr. Breenolsh and Mr. Bailey.
You see a turn out differential between the black
wards and the white wards of eighteen point seven percent for
101"
——1 28%
time.
Because of the quickness on which it was focused,
I think that, to a large extent, many blacks felt that it
would continue and consequently the polls were forgotten
and a lot of other processes.
THE COURT:
| All right.
MR. MENEFEE:
Your Honor, there will be other witnesses who
can discuss more fully the Joe Langan race in 1969 and
hb) Mr. Langan, later at the County Commission in 1972. We have
some turn out figures In our Exhibit number 3 that reflect
blacks turning to the polls in substantial numbers.
TPF. COURT:
All right. You may come down.
Whom will you have next.
MR. BLACKSHER:
Mr. Joe Langan.
JOSEPH LANGAN
the witness, called on behalf of the Plaintiffs, and
after having first heen duly sworn to tell the truth, the
whole truth and nothing but the truth, took the stand and
testified as follows:
102
Langan.
267 Houst
whole 11if
Mobile.
held duri
A
Senate ar
Commissic
1 was on
and other
Q
Represent
A
0
A
Q
served or
A
in "47 ar
— 288
DIRECT EXAMINATION
BY MR. BLACKSHER:
0 May it please the Court, this is Mr. Joseph’ N.
Langan. We is sixty-four years old. Presently resides at
267 Houston Street, Mobile, Alabama.
He has been a resident of Mobile, Alabama, his
whole 1ife. He is presently a practicing attorney in
Mobile.
Mr. Langan, tell the Court the offices you have
held during your career as a public servant in Mobile?
A Well, I served in the Alabama House and the Alabama
Senate and Mobile County Commission and the Mobile City
Commission, as far as elective jobs are concerned. Of cou: :«
1 was on the board of education and numerous other positions
and other appointive positions.
nN You were elected to the Alabama House of
Representatives in 19397
A Right.
0 And served one term?
A Yes. :
Q You were elected to the Alabama Senate in 1947 and
served one term?
A Well, the election was in '46 and the term began
in '47 and I served one term; yes, sir.
sn
289
108°"
n And you were an elected Commissioner of the City
of Mobile from 1953 till 19697
A Yea, sir.
9) And you sald you served briefly as a County
Commissioner.
Would you explain that?
\ " Well, I served a little over one year on appointment
as a County Commissioner.
That was in 1950 and '51?
A Right.
nN So, altogether you won, through the elective
process, one term as a State representative, one term as
a State Senator and four terms as a City Commissioner?
A Yes, sir.
n And you were defeated three times at the polls?
A Yes.
0 In 1951 by Mr. Tom Johnston and that race was for
the i... 4.
A State Senate.
Q In 1969, by Mr. Bailey for the City Commission?
A Yes.
n And in 1972 in a runoff with Mr. MCConnell for the
County Commission in the Democratic primary?
A Yes.
. 294
290
racial
service
bus sit
Boswell
they in
Alabama
stated
Senator
until w
end of
was oth
the equ
teacher
THE COU
aimed =
A
MR. BL!
ELIS Wh 4 8
0 : Mr. Langan, do you attribute your loss in 1951 to
Mr. Johnston in any way to racial factors?
A . Yes, sir. I feel that that was one of the main
factors in that election.
0 Specifically how did it come into the picture?
A Well, I had been rather critical of some of the
>intment racial practices in Mobile from the time I got out of the
service and was elected to the State Senate regarding the
bus situation in Mobile and also in the State Senate the
Boswell amendment had been declared unconstitutional ‘and
they introduced a new amendment to regulate voting in
as Alabama and tried to cure some of the defects that the Court
stated had =xisted in the Boswell amendment and four other
Senators and myself filibustered for several days and worked
-8? until we finally defeated it by filibustering it through the
end of the session of the legislature and, of course, there
for was other action that I had taken on helping to bring about the equalization of pay for both black and white school teachers in the Mobile County school system.
n? | || mE cour:
The Boswell amendment was really a literacy test
T the Hd aimed at blacks, wasn't it?
3 A Yes, sir. MR. BLACKSHER:
ig
ie lm
* about
Q And you are saying that those actions you took on
A
hehalf of equalizing black and whites hurt you in that electidn?
n
A I am sorry, I didn't get that. :
. that s-
0 Those actions hurt you in 19517?
: could -
A I think, at that time, it very definitely did. From
A
correspondence I received and from things in the legislature
oa ” out th:
and all it played an important part in that election and, of
. and ot!
course, at that time, very few blacks were voting.
ideal 1
2 That was still at the beginning of your political
be cor
career, so to speak.
Fs were Ct
What lessons did you learn from that campaign on
more {ir
racial overtone issues?
that we
Ad Well, I don't know. As I say, sometimes I began
obtain
to realize that no matter how high the ideals you might
pure ic
have, sometimes you have to be a pragmatist and realize there
N
are certain things more important to a person's economic
he accc
livelihood and things of that nature. So that there are
advise
areas that you should work in that can bring about good and
; seek re
still don't bring a lot of clash and a lot of animosity.
A
Nn You knew John LeFlore?
legal rt
A Yes.
our gov
¢ And during the time that you were on the City
have 1s
Commission of Mobile you had occasion, didn't you, on several
denied
occasions, to deal with Mr. LeFlore and hear his complaints
106
yok on
at electiq
ld. From
_8lature
and, of
tical
v
several
laints
n?
P
R
R
Y
T
s
e
B
a
i
l
S
g
e
e
k
293
about chines that he was seeking on behalf of the N.A.A.C.P.
A That 4s right, sir.
Nn Were there some occasions when you told Mr. LeFlore
that some of the things he was asking were just more than you
could provide or secel: as a City Commissioner?
A Well, in several conversations with him I pointed
out that TI felt that there were things that the N.A.A.C.P,
and other organizations were advocating that really from an
ideal standpoint they were wrong and things that needed to
be corrected, but as far as the black people in the community
were concerned, I thought that there were other things much
more important for them to attain and, therefore, the things
that would really help them economically and help them to
obtain johs and a Fuller life were more important than the
pure ideals of what our government should be.
n Concerning those things that you thought could not
be accomplished through the political process, did you ever
advise Mr. LeFlore that he should try to use the Courts to
seek re-address of those grievances?
A In discussing with him, he very much believed in
legal process and in proper proceeding to obtain the ends that
our government established on the principal that if we do
have laws that are in conflict with the constitution and
denied rights to persons that are guaranteed to them, the
Par
107
-—
l
s
mi
d
nH
b
o
R
O
E
R
i
B
a
“w
t
st
a
C
R
T
A
ER
a s
t
l
'rolitical campaign we got into in the '60's with the Civil
places to find re-address is through the Courts and not
through public violence and things of that nature.
Ue did many times discuss if changes were needed
that he should go to Court to bring about those changes.
The things that we could do within government we
tried to do, and the things that we felt were issues that
should be decided by the Courts we advised he should go to
Court.
n In any event, you did run successfully for the
City Commission in 1953?
A Yes, oir, .
nN And stayed in office until 1969: that is, four
terns?
A Yes, sir.
n Nid the racial issues surface in any of the election
until 19697
A Vell, it came up some in the 1957 election. Of
course, as the issues grew and time went on and, of course,
they became much more the focal point of pretty near every
“ipghts movement and other sctivities and it was brought to
“he attention of more and more people and people began to
make thelr decisions based a lot on their position on racial
anestions.
decisi.
lines?
the faq
wards
Mr. Ba!
A
here tt}
Rights
that ar
was a 1
a racis
nhilosc
no one
and, tk
people
atandin
went in
that th
10t
he
1r
alections
of
urse,
very |
vil |
it to
} to
racial
Q Do you think that the electorate made their
3
decisions as between you and Mr. Balley in 1969 along racial
lines?
A I think it was a determining factor in the election:
ves, sir.
3, The Court has just inquired of the last witness abou
the fact that there appeared to be a drop-off in the black
wards in support of you in that 1969 election against
Mr. Bailey.
Would you explain vhat happened?
A Hell, there was an element in the black commmity
here that became very active about that time in the Civil
Rights movement in the commmity and they took the attituue
that anyone who didn't do everything that they wanted done
was a racist and in their papers they condemmed me for being
2 racist and they got out and worked to try to -- their
philosophy became that there is no one in the City Hall or
no one running for City Commission who is worth voting for,
and, therefore, don't vote.
They put on a very active campaign to keep the
people from voting. As a matter of fact, many people were
standing in front of the wards taking pictures of people that
went in and I was told by many people that tried to go vote
that they were threatened.
295 ——— om— a ae rm m——————
“
t
|
|
|
|
~ 409
0 Was thie the NOW organization that was associated
with Nobel Beasley?
A Yes.
n Did "er. LeFlore and the non-partisan voters league
endorse you in that election?
A Yes.
g Did they attempt to rally the support of the black
community for you?
A Yes.
Nn Would the Clerk please show Mr. Langan Exhibit 61,
the Exhibit that we ware looking at a moment ago.
Plaintiffs' Exhibit 61 is in one exhibit, a large number of
newspaper articles that we have copied in exchange with the
Defendants and I would like to try to use them as one
Txhibit, if there is no objection, just to simplify matters.
THE. COURT:
Fine. let's take a fifteen minute break here.
(Plaintiffs' Exhibit number 61 was received
and marked, in evidence)
( RECESS )
THE COURT:
110
Your Honor)
to this
organiz
compare
thousar
decreas
THE COL
wards )
votes,
ninety-
{ated
league
» black
iit 61,
our Honor
ber of
th the
atters.
Ire.
y
It was only about seventy-five percent of what voted in
1265.
9 And it is also true that the voter turn out in the
black wards were substantially less than had been expected?
A Yes.
n And that was attributed, you said in large part,
to this boycott that an organization in the black community
organized?
A I think that had definite effect on it. of course,
as I say, the total vote was down from what it had been; it
was down even more so in the black wards.
In other words, the wards I just enumerated,
compared from 19A5, they dropped from six thousand to thro
thousand some odd votes, about twenty-eight hundred vote
decrease.
IE COURT:
Almost half less?
4 That's right.
“IR. ARENDALL:
Would you give me those figures?
A In the wards that T enumerated in 1965, in those
wards I received six thousand four hundred and seventy-nine
votes. In 1969 I received three thousand six hundred and
ninety-seven votes.
111}
hid — 1% ;
A
HR. AREMND :
= ALL MR. BLA
Thank you.
y Q
*fR. BLACF.SHER:
electios
i What other factors were, in your opinion, accountablp A
-- accounted for the total reduction in voter turn out?
against
A Well, we had just had the hurricane the day before. THE COU
I think that accounted for some of the people not voting,
| plus the fact that I think that there was a certain amount .
of apathy. More people were satisfied with the operation of "R. BLA
the City Commission than what they had been in the term A
\ ‘~
Hh ’ ' - etween 61 and '65 Aamilie
I think there has been a lot of criticism of the A
operation of the government between the '61 and '65 term A
and, therefore, more people were interested in bringing about Ta
out,
a change where in 1969 they were fairly well satisfied with 5
|
ii the governmental operation and, as a consequence, more people abil
il ry e
| 20 to the polls to vote against people than what they do
i across
i to go to the polls to vote for people. As a consequence,
| water fs
I there 1s not a lot of opposition to the people in office and
| In othe
| vou won't have as good a turn out as they do when you have that
i | the cau
| opposition.
|
of peos
THE COURT:
their 1
The interest of change must have not been directed
debris
against you in '65. It must have been somebody else?
le
112
f
the
ce,
ce and |
have that
|
ected
MR. BLACKSTER:
n In fact, Mr. Bailey was your only opposition in the
election; is that correct?
A In '69. In '65 there were four or five that ran
against me, at that time.
THF. COURT:
Were any of the incumbents defeated in 1965?
A Both of them other than myself; yes, sir.
MR. BLACKSHFR:
iA The hurricane you are speaking about was Hurricane
~
Camille, of course?
A Yes.
0 Explain specifically how that reduced voter turn
out, in your opinion?
A Well, it had caused some slight damage around the
obile area and also a number of people that owned homes
across the bay had damage from water, damage along the
waterfront there, and many people had gone over to check.
In other words, it was the first day they got to go across
the causeway to check on their property and there were a lot
of people cleaning up limbs and debris and things around
their home where the wind and rain and everything caused
debris.
_. 113:
rd +o fr
| I think they berin on page forty-eight and page A
| forty-nine. 4 Nn
| A Of courae, there are some write ups there that 1f you hs
| concern it. The first ad here, it looks like is one of mine A R
on page or part of one of mine on page forty-six. the numbe
1 n This {8s your ad? have had
| A Yes. And then forty-seven is part of my ad and THE COUR.
forty-eight is an ad of my opponent, yes.
nN And so is forty-nine? ¥ i
| i Yas. “HF. COUR’
| 0 And fifty?
A And page fifty. : A
0 All right, sir. Page forty-nine is an ad that shows TE COUR]
| vou, a picture next to that of Mr. LeFlore, and says, "Will
you let this pair run your City for another four years?" the '65 e
| referring to Mr. LeFlore as a person that was appointed by A
| you to the Mobile Housing Board? THE COUR]
{ A Yes.
| 7 Did that kind of an ad cost you votes in this factor {ir
i election?
lA I don't thin! there was any question. It would have Actually :
| cost me votes in white wards, yes. voter res
t
2) You were, for a certainty, during that election, were THT COUR-
tncoed, as it were, with the black votes; is that correct?
se ————————— —— cae
] = 114
——303
age
Rt
of mine
1d have.
on, were
ect?
mre ich
|
—
—
—
i!
.
d
A Yes.
Nn Nevertheless, you say you believe you could have won
if you had had a solid black turn out?
A Yes. If the black vote had turned out any where near
the number that had turned out four years previously I would
have had a plurality in that election.
THE COURT:
Let me ask you a question.
Yes, sir.
THF. COURT:
Now, you started running for City Cormission in 19517
A rifty-three.
T-TE COURT:
Fifty-three. You had two previous elections before
the '65 election?
A Yes, sir.
™E COURT:
When did the black vote first become a significant
factor in elections. ;
4 It was beginning to build up a little bit in S72.
Actually it was 'fl when they were beginning to put on some
voter reristration programs.
THT COURT:
Do you have any recollection of what the total
MI
R BE
e
e
a
h
ce
d
Loo
115;
“hat had surrounded those communities and, therefore, they
MHdn't quite vork out.
Nn Is it fair to sav, on balance, the major factor
~ontributing to your defeat was the racial issue?
A That and apathy, the people not voting.
i Nineteen seventy-two you ran for the County Commissién
and got into a runoff with Mr. McConnell in the Democratic
FEimALY, which vou lost, correct?
A : That's right.
4 "ould you say that race and racial issues played an
frnortant role in your defeat there?
A T think it played an important role. Wowever, you
had there an entirely different constituency and there were
many other factors involved in that election.
In other words, there were many communities in the
rutlving communities, the City officials of those communities
T had opposed in trying to work out fiscal matters that
vould have been te the benefit of the City of Mobile and there
‘rere areas that T had brought about the annexation to Mobile
IT had taken the stand that the better and were fearful -- and
most efficient kind of povernment was a metro form of govern-
nent, and they were fearful of that and, as a consequence,
T had a lot of opporition in these commmities that had
nothin~ narticularly to do with race.
310
116
S
M
H
R
U
B
I
N
+1
m
a
le
{
J
A
pa
r
say, 1
the na
Cormmun:
that hs
situat-
isBue ec
again,
twenty-
six, ar
can you
A
of eour
cut of
roward
R
r
w
e
e
n
go
311 me |p
J THE COURT:
or What year was that election?
3 illneteen seventy-two. But the racial issue, as I
say, it was played up and my opponent did use it as one of
>umission the main thrusts in the campaign and, particularly in these
2 tic communities I am talking about, many of which were the people
! that had fled from the Citv to pet away from the racial
: || situation and it added fuel to the fire. I think the racial
red an : | issue did play an important role in the campaign.
; } For the record, if you will look at that Exhibit 61
you again, pages fourteen, fifteen, sixteen, seventeen, nineteen,
were i twenty-one, twenty-two, twenty-three, twenty-five and twenty-
six, and that's all I see relating to Mr. McConnell's ads:
the can you identify them as ads from that campaign? |
nities A Yes, sir. As I say, you can see this many of them -t
of course, a lot of them were just absolutely -- well, taken |
! there ! cut of context, but, as I say, a lot of them were thrusted
nhile toward the racial oauestion.
“ey p low, there was no black boycott of the polls in
er and 127272 |
overn- : Ho |
te. | MN COURT:
black what?
MR. BLACHSHER:
| ek SSE Se
i
|
Boycott, your Uonor.
How do you distinguish the results in 1969 and 1972?
A Yell, as ¥ say, T received, within the City, a good
vote. It was just a question of, as Mr. McConnell here pointed
out in one of his ads in the first race, in that election
he enumerates two, four, six, eight of the group of wards that
I enumerated avhile apo.
2 As predominantly black?
A Yes, and in this election against Mr. McConnell IY
received thirty-seven hundred and twenty-six votes; whereas
in the '6? race T only received thirty-six ninety-seven in
all of the black wards, So, as I said, had T potten this
ind of vote then In the '62 election, it would have made
the difference.
f My point is, it didn't seem to do you any good
in 197227
Yo. It did not. It was a different kind of
constituency and it involved other issues and problems I
had created for mvself In those outlying areas.
In other words, when I had moved out of the limits
of the City of 'obile and brought in that opposition, plus |
the fear of the people of Chickasaw, Saraland, Satsuma,
Yount Vernon, Pavou la Ratre, and so forth. In other words, |
the neople in office down there had felt that I was trving
118
Arr
i
e
n
that you
T puess
you were
saying,
A
time to
those ti
issues s
changes
gotten 4
a good °
speaks
other t
have be
wide po
been an
as 1 8s
| 318
pe 312 i oi
that you think you could have won in the City wide race and
xd 19727 T puess you are saying in this County wide race, even though
a good you wore tagged with the black vote, is that what you are
. Pointed saying, other circumstances being different?
{on A Yes. I would say if we turned back the pages of
ards that time to when I ran for State Senator, something back in
those times, when I hadn't been involved in some of these
issues with the smaller communities and had brought about
11 I changes that were detrimental to them where I could have |
ereas gotten any kind of break at all in the County and then with |
.n in 2 pool vote in the City I could have been elected. |
‘his n Could a black candidate in a City wide or County
mde wide race get elected? |
A Well, so far, they haven't and it is most difficult
d to see -- I don't know whether circumstances will be chante,
but so far none has been. |
| nN You are not willing to express an opinion on it?
. A Well, I don't think they could. I mean, the cvitents
|
speaks for itself. They haven't been. So, I can't conclude |
imits other than the fact that they couldn't be, because there
plus | 3 | have been several black candidates who have run for County
; f | wide position who were iminently qualified and should have
words, | L ’ | been and could have been elected, but who were not. So,
ving : | as I say, I feel that the opportunity had been there.
ee mss fai vq . ae SIGE ET
—419 |
There were men, as I say, that were well qualified
running for school commissioner and things of that nature
who were not elected and so, therefore, I just feel they
could not, as yet, be elected in Mobile County.
THE COURT:
Mr. Langan, has there been somewhat of a polarizatio
of votes and is it more or less true or not that with
polarization that is difficult for black candidates to be
elected and increasingly difficult for white people to be
elected in black majorities?
A Yes. TI think so. As I say, I think it, of course,
depends a lot on the person. :
THE. COURT:
I guess the thrust of my question is has there been
somewhat of a marked polarization?
A Yes. I think there has been some break down,
although, in some of your areas and the schools and younger
people, there have been blacks that have been -- blacks that
have been elected in commmities that were mainly white,
like the University of South Alabama.
many people out there and I was out ......
THE COURT:
You mean in school volitiecs?
A Yes, sir.
120
I mean, there have been
119
Es Trp
”
THE COR
A
think yg
students
for the
year, w
one res
shows *
irrespe
1fR. BLA
indicas
coremm §
you dic
black t
had spe
when yc
A
or 1dec
do vote
get or
”
i
ro
R—
No 320
14 fied | THE COURT:
: All right. You expect that to translate into .....
ture i
ey A A + Yes. I think there is a change taking place. I
4 think possibly Murphy High School is a majority of white
4
: students there and yet their president of the student council
J
Ei rat ion for the coming year is a black parson £4 the president, last
year, was a white person. I spoke at the change over from
3
, ba i one regime to the other and, as I say, there, I think, {it
£
Ba : shows that the students are willing to elect a person
J irrespective of their race.
i MR. BLACKSWER:
ourse, i :
3 3) Mr. Langan, I don't want the record to seem to
: :
4 indicate that the non-partisan voters league in these black
e bash | commmities in general supported you just because of what
i you did in the 1949 legislature for equalizing the pay of the
f black teachers.
; Were there specific issues that you supported that
nger |
3 that had special uphill to the black commmities during the '60's |
. when you were a City Commissioner?
A Well, I think no matter whether it is a psychological
ave been
or ideological or economic benefit, I think most people
‘10 vote for people because of something that either they
! { get or something they do.
i ;
| I think, of course, that there were many people in
| i |= —
iris m—ce 18 5 121+
ae: | BE — 321 =a
the black commmity that voted for me, because while I was A
in the City Commission wa paved many streets in black Q
neluliborkioods vho never had a paved street before and put you wen
water and sewer service in those areas that didn't have it A
before and parks in those areas that didn't have parks my aski:
hefore. I think there are many things that happened or p other g-
that we had pledged ourselves to do that brought about a vote } the per
in those commmities. ; : T was on
0 Were you consistently endorsed by the non-partisan 9
voters league and, of course, they didn't come on the scene league?
until when, as an organization? 1 A
A - Well, it was on up in the latter part of the expense:
'50's before they really became real active. As I say, they : bution 1
had participated before, of course, but they didn't have the i Q
strength. i for the
There hasn't been many black voters in the A
commmity due to the restrictions on registration and other :o 1
things and it was only after some of those things were voters
‘broken down and they were free to get registered to vote, : san use
nN What about the so called pink ballot? When did A
that first appear? I would
A I don't know exactly when. : the blac
n Were you ever endorsed -- you were, weren't you, 0
on the pink ballot? : influenc
122 : |
;
‘tisan
scene
» they
ve the
other
ta,
id
i
y
f
a
i
m
%-
T
S
ET
AC
R
PI
I
322
A : Yes.
8] Can you describe to the Court the process that
you went through to ask for and obtain that endorsement?
A Well, I didn't ask for it. They endorsed me without
my asking for it and they, just like the newspapers or
other groups, they set up a ballot on which they marked
the person that they felt should be elected to office and
T was one of those that were on the ballot.
0 Did you contribute to the non-partisan voters
league?
A I paid a contribution to them to help pay the
expenses. In fact, they told me 1if I would make a contri-
bution they would appreciate it and I did.
Q And it was your understanding that it was made
for the printing and the distribution of the ballots?
A That's right.
n How effective, in your opinion, was the non-partisan
voters league and its pink ballot in delivering -- if we
can use that word -- in delivering the black vote in Mobile?
A Well, it is difficult to say how effective it was.
I would say that generally whoever's name were on there withis
the black commmity obtained an outstanding vote.
0 Vas there a period of time when that -- when the
influence of the pink ballot was greater than at others?
1
S
r
—
1237 -—
A I think in the early days of voter registration and
all and before the Civil Rights movement really got into a
big SHINE. UD in the middle sixties, I think that it had --
the older Mobilians and the people in the black community that
iinew each other and lived here together and they worked real
closely together and they were very effective.
As I say, as time went on and you had some of the
young people and other people from out of town that got into
the black community and began thelr own agitating and their
own small groups, I think they began to split up its
effectiveness, berause you had a certain amount of split off
among some of the younger black people in the community.
0 I think you have referred earlier to the fact that
incumbents were having problems generally, at one point,
in the sixties?
A As I said, usually people will po to the polls and
vote against somebody. In other words, they will be against
an incumbent and, therefore, they will gc to the polls and |
vote, because they have antipathy towards somebody where,
otherwise, if they are pretty well satisfied with the way
government is going or if there is nobody particularly
involved -- in fact, that sheet I had a moment ago with
regard to the 1969 election. In that election there were
li
e
F
k
D
y
——
——
——
b
a
o
ho
d
as
e
C
Y
2d
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ha
se
121°
after hs
truth, &
as follec
and live
two chil
and Tusk
County al
is that c
1 | Tra 360 ihn rh ei
{ : THE COURT:
intel You gentlemen might want to stipulate to that or
: study it and come up with some other figures.
nity that All right. Whom will you have next?
od Yel MR. MENEFEE:
; Mrs. Lonia Gill.
F the i
>t into LONIA M. GILL
their the witness, called on behalf of the Plaintiffs, and
: after having first been duly sworn to tell the truth, the whole
it off 1 truth, and nothing but the truth, took the stand and testified
v as follows:
that ¢
t. 5 | ' DIRECT EXAMINATION
I: RY MR. MENEFEE:
s and : 0 This is Mrs. Lonia M. Gill, fifty-eight years old
gainst and lives at 2854 Whitlar Street and married and mother of
ind two children. She attended Mobile County Training School
re; and Tuskegee Institute. She has been a resident of Mobile
way County all of her life. fig
She is executive secretary of the A.M.E. Zion Church;
h i is that correct, Mrs. Gi11?
ere | & That's right.
8
g
rig 17s:
¥
A Some of the campaign literature?
0 Yes, ma'am.
A Yes.
0 © And Mr. Alexander's carried his?
A Yes.
0 Do you think it is a fair statement to say that
Mr. Alexander is known as an opponent of busing and an
associate of Governor Wallace?
A Yes. Sure.
0 Mrs. Gill, is it fair to say that most of your
support in that election came from the black community?
A . I can't say that in the runoff. I don't know that
rost of it did or not. I really don't know, because I feel
that 1 was sibpareed by both, but naturally I am sure that
most of them came from blacks, I believe.
0 Mrs. Gill, about how much money did you spend in
your school board race?
A I don't have the figures with me. It couldn't have
heen too much, because I didn't have too much. I just had
enough to take care of all of my obligations.
n You are talking about maybe a couple of thousand
dollars?
A Well, something like that. Perhaps two thousand
dollars, if that much.
1<6
H
8
4
»
5
EH
public
A
Q
campaign
whether
communi:
A
when yon
since tl
tion org
A
Mobile E
Q
at
| in
t have
. had
and
.and
364
lloublic service?
Ye
A
R
R
R
R
E
nN : I see. Did you use any radio or television ads?
A I did. I was on radio and television quite a bit.
This was why I can say no oie really had to wonder who I was.
n Did you have to pay for those spots or were they
A No. They was donations from friends.
0 I see. Do you have an opinion as to whether your
campaign created much interest in the black community and
whether you received substantial support within the black
community?
A I think it ereated quite a bit of interest. Now,
when you say in the community, do you mean the County communit
since this was a County race?
0 Yes, within the County.
A Within the County commumity. I think it did, but
not as much as it should have, but it did create quite a bit
of interest.
p) Were you endorsed by the non-partisan voters league?
A Yes, I was.
4, Did you receive endorsement from the voters registra-
tion organization?
A Yes, I did. Would you allow me to say that even the
Mobile Press Register endorsed me.
Q From your experience, do you have an opinion as to
Y »
i UL
— 1363
whether or not a black running, at large in the community in
Mobile County, has a reasonable chance of winning an election
against a qualified white opponent? How would you describe thp
chance of a black citizen?
A Personally, Mr. Menefee, I would think that the chancps
would be very slim, really.
Q Would you also have that opinion for running at large
in the City of Mobile? >
A Yes, sir.
0 Do you see a great deal of difference in terms of the
racial issue betwsen Mobile County and Mobile City?
A It is almost equal. I have had a. chance to cover
the County even before the race, and I have known the City,
I don't see very much difference you know, all of my life.
in the County and the City.
N Do you know Dr. E. B. Goode?
A Yes, sir.
0) Dr. W. L. Russell?
A Yes, I do.
Q And Mrs. Jackie Jacobs?
A Yes.
Q These were three previous candidates for the school
board and received substantial support from the black
community. Were they well known in the black commmity?
128
n Al
against a w
A Ye
nN Dc
or Mr. O1l1lf{
\ Nc
4, Tt
TY
nE
the previos
A I
don't know
really don
3 ME
cwenty-fiv
‘obile Cows
a black cos
ind of mc
A B
could rails
twenty-fiw
A E
matter.
R
E
y in
ction
ibe thp
chances
- large
of the
rer
-ty,
ance
chool
[363
Job
I would think so.
Db} All three of those candidates also gained a runoff
against a white ODDORERE, just as you did?
A Yes, sir.
n Do you know a Mr. Alphonso Smith, Mrs. Lula Albert
or Mr. Ollie Lee Taylor?
\ Not personally, but I know of them.
0 They ran for the City Commission in 1973.
were they as well known in the black community as
the previous list of blacks, black school board candidates?
A I can't say yes or no to that, simply because I
don't know that. Because I don't know everybody, but I
really don't believe that they are.
:wenty-five thousand dollars to run a credible race for the
‘tobile County Commission or the City Commission, do you think
a black candidate, would be black candidate, could raise that
ind of money and would enter the race?
| A I don't know. 1 doubt seriously if a black candidat
| could raise that kind of money, thirty thousand dollars or
twenty-five thousand dollars.
N Would you be willing to undertake a race?
A Not County wide or City Commission either, for that
matter.
¥ Mrs. Gill, if it was necessary to raise approximate.
|
el
a
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) All right. What else?
A) After that, well, we dealt with Judge W. Brevard
land, TI think. TI happen to have served as chairman of that
bi-racial advisory board. I have served in Mobile City as !fobile County wide president of the P.T.A. and then served
is a Mobile County wide president of the P.T.A. and then was
clected State president of the P.T.A. and I have served on
i!
|
LH
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it
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';o many committees.
I have worked for the City of Prichard, having been
appointed the first black department head as director of the
lcommmity development program in the City of Prichard, and
rhe member of the board of adjustment. I was also a member
'f the board of advisory committee out there in Prichard and
ne of the trustees of the formerly sixth district hospital
hen it closed. It was the Keller Memorial Hospital and it
‘as just any number of things associated with Mobile or with
‘'obile County.
I could go on and on. I am not a newcomer. I have
een in Mobile and Mobile County all of my life and a lot of
eople know me.
And you have a substantial support of whites in your
ace, did you not?
I think I did. TI really believe I did, not being in
+ position to actually know how many votes I got, but I believe D
. 430
RN
E
—
—
J E
h
4
’ 4 pees
B
THE COURT =
MR. MENEFY
Koffler n=
truth, th
stand and
BY MR. ME
Q
Rocheste:
She atte:
Universi
gince 19
Stina GE
311.
A ; No, Mr. Menefee.
ard : MR. MENEFEE:
that oy That's all.
7 as © ||THE COURT:
ved
You may come down.
n was | ~~ IMR. MENEFEE:
| on Your Honor, we would like to call Mrs. Jerre
Koffler next.
been
f the
JERRE KOFFLER
and the ltnies; having first been duly sworn to tell the
mber truth, the whole truth, and nothing but the truth, took the
i and stand and testified as follows:
[tal
1c DIRECT EXAMINATION
with BY MR. MENEFEE:
Q This is Mrs. Jerre Koffler. She resides at 4208
have Rochester Road and is married and the mother of two children.
t of She attended the University of Alabama, Springhill College,
University of South Alabama, and has lived in Mobile County
your since 1954 and presently employed at public relations counsel.
Mrs. Koffler, is that correct?
ng in A That's right.
believe Q Mrs. Koffler, did you run for the school board in
lm 3
A That's right. example, :
Q Mrs. Koffler, down at the bottom, would you describe to achiev
the layout of the ad at the bottom? A '
A At the bottom. That is May 2nd block vote, names Court. I
the wards, and there are four candidates listed there. integrati
Q What is the import of that? What is the ....... signed by
A "I think it is trying to show that certain block areas to start
that the candidates who have the most votes got ‘the black vote with anyb
and the candidates that have the less amount of votes. 0
0 You were one of the candidates that got some of the to ease t
most votes in a black area? A
A Yes, sir. : TR. AREND
0 Can you tell me something of your relationship with
the black community or education in the Mobile area? Why did awfully f
you receive such support from the black community? THE COURT
A Well, I guess it was because I was willing to see if
there was some way we could make the April Supreme Court with blac
decision work in Mobile County. I was anxious for the school I don't ¢t
board to get on with the business of educating the children MR. MENEF
and not fighting a losing battle against the Supreme Court of
the United States. And I believe that was coincided with what 0
these blacks wanted to dc’ and what a number of whites wanted receive
to do. : A
0 Do you have some comments to make on -- well, for 0
7332
ma8cribe
Emme s
>f the
> with
Jhy did
see if
-t
school
dren
urt of
th what
ranted
for
i IR. ARENDALL:
lawfully far afield here.
376
example, in this ad number one "Signed agreement with N.A.A.C.P.
to achieve total integration and total busing’?
A : That was one of the things that I tried to take to
Court. I did not sign any agreement to achieve total
integration or total busing, nor do I think any agreement
signed by anyone would be any different, whether it meant
to start busing or stop busing. I did not sign any agreement
with anybody.
0 Would you describe some of your activities in trying
to ease this integration process, please, ma'am?
A Can I take a few minutes to go through that?
If your Honor please, it seems to me we are going
THE COURT:
Yes. The thing you are showing is some identificatioc
with blacks, a racial factor. It would be interesting, but
I don't think that would be a great deal of help.
MR. MENEFEE:
Okay, sir.
0 Mrs. Koffler, during the 1972 campaign, did you
receive any threatening phone calls?
A Yes, I did.
0 Was this a common occurrence?
Apt
133
- —ti
§
lla A I would get phone calls in the middle of the night 2
E. A
saying, "Where is your nigger loving wife?", and my husband ¥
penerally answered this, because I got a number of Shreatentng § 2
3 opinion =
calls of that same kind and he would say, "She is sound
: in Mobile asleep”, and that would stop that, but that went on for
A about three months.
y in my pa:
Q Mrs. Koffler, is it fair to say that race was a
. cireumnsts
najor issue in your campaign?
May race
A I would think so.
n Do you think the term, "block vote has racial
specific
connotations as used in Mobile County politics?
run into
A As used in this particular ad, I would say it did.
| Q Q Tagging you with a block vote and certain racial
white cas
identification?
A
A I would think so, ’
depends «
n Mra. Koffler, have you been active in other political
campaigns?
It can b.
A Through my work and prior to my work, yes, sir.
. 5 that doe
0 Would you describe the period of time in which you
Q have been active in these political campaigns?
“A
A I think the first real political experience I had
Q wae the Brewer - Wallace governor's race, and then, in my
A
school board, and then I went to work right soon after that
Q and we have handled some political clients in our work.
a vn 0%
A A 4 EE ad ].378
aight | Q " As recently as this past May?
.sband : A Yes,
catenin £ Q Mrs. Koffler, from your experience, do you have an
d ¥ opinion as to the prevalence of race as a campaign issue
" 4 in Mobile County, Mobile City politics; is it a major factor?
A That is a hard question to answer. I would say that,
a in my particular race, it was a big factor, because of the
3 circumstances. I noticed a little bit of- it in this last
| May race. ;
I think that if a candidate addresses himself to a
specific black issue that he is liable to or she is liable to
did. run into a little bit of race politics.
al Q Is it always a potential issue even between two
white candidates, if the candidates want to play on that?
A I can't say that it is always a potential issue. It
11tical depends on what the issues are.
If the issues are that such it causes a rift, yes.
It can be kind of potent. There are many races, I guess,
you that doesn't have any kind of racial discrimination in them.
Q What is your religion, Mrs. Koffler?
ad A I am Jewish.
y Q Was that an issue in your campaign?
hat A No, it was not.
Q Do you know whether -- from your experience, has
iE
religion been an issus in cempaigns?
A I have never come across it.
Q What about campaigns exploiting possibly national
origin, against ethnic groups, was that ever an issue in
Mobile County politics as you have observed?
A The only ethnic issue that I have come across is the
black - white. There might be some, but I just don't know
about it. .
Q Is there any issue in Mobile County politics that
you have observed in recent years that has the pervasive
effect that race has?
A Unless it would be crooked politics.
Q Do you think race will also be an issue if a black
candidate runs against a white in our present situation?
A I would like to eay I wish it weren't, and I hope it
isn't and that we have outgrown it, but from a few things
that happened in the May primary, I don't believe we have
yet gotten to the point where we can say race is never an
issue. |
Q What sort of thing did you see in the past primary?
A There was another block vote against a candidate that
was run in the paper.
Q What race was that?
A , It was one of the District Court Judge races.
Q
A
Q
with tt
A
0
A
I saw c
where 1
because
have or
papers
Q
past Me
A
Q
white t
the ble
becomes
concert
A
a liabi
Q
May an)
onal
hat
380
{lpapers they were run in.
Q " Was that in the Loveless - Kearney race?
A Yes, it was.
Q Was there an attempt to tag one of the candidates
with the block vote?
A Yes, sure was.
0 Where were those ads run?
A I saw, and this is a rather funny place to see it,
I saw one in the Mobile Beacon and I believe one was -- some-
where right in the County newspaper. I am being evasive,
because I was out of town for a week of the runoff and I
have only seen them clipped and I am not really sure which
Q Do you know of any other racial campaigning this
past May?
A No, I don't.
Q Mrs. Koffler, to what extent or how directly can
white politicians address issues of particular concern to
the black community? Is there a certain point in which it
becomes a political liability to speak of issues of particular
concern to blacks?
A Yes. I would think, at a certain point, it could be
a liability.
Q Can you give me any examples of perhaps this past
May any of the candidates who might have addressed issues of
1373
i
%
¥
2 3
A Never specifically. In fact, I don't recall ever
meeting with a non-partisan voters league member, per se.
Q Did you make any contribution eo the non-partisan
voters league?
A No, I did not. ;
Q How would you describe the chances of a black
candidate would have running, at large, in Mobile County and
Mobile City against credible white opposition?
A Well, in my opinion, it would be kind of a rough
race for them.
0 If you felt that your chances were similar, would
yoo run? .
0 I don't think so; no.
MR. ARENDALL:
That is irrelevant.
MR. MENEFEE:
4 What is your estimate of and experience of running
for the Mobile City Commission under the present, at large,
system? ,
A I can only tell you what it cost for me to run and
I would imagine to run for the City Commission it cost me
five thousand dollars. So, I would say to run a credible
race for City Commission would cost anywhere between ten
thousand and on up. I am sure there are some candidates that
; 138
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Q | During the time that you have familiar with it,
has the non-partisan voters league complained to the govern-
ment here in Mobile that blacks aren't appointed to various
City boards and committees in fair numbers according to
their representation in the population?
A Yes, sir.
dR. BLACKSHER:
Would the Clerk show the witness Exhibit 677
One minute, please. I have the wrong Exhibit. I am sorry,
it is 64.
Your Honor, what we have here in Plaintiff's
Exhibit 64 is the summary of the City committee appointments
that have been provided us by the defendants in the course
of discovery proceedings. I would like to move its
admission in its present form having been exchanged with the
Defendants.
THE COURT:
All right.
(Plaintiff's Exhibit 64 was received and
marked, in evidence)
THE COURT:
Let me ask you a question about this, you have total
members and total prior members. Can you explain that?
MR. BLACKSHER:
E
e
Cua AR. 139°
Q I am talking about the league.
A The league -- well, many of them......
Q Isn't it a fact, Reverand Hope, in the course of
your connection with the league, its endorsement has been
actively sought by candidates over the years that you have
been connected with it?
A "Yes, sir. Definitely so. 1 explained that to start
with.
Q And wasn't that true in the last City Commission
race in 19737
A Yes, sir.
candida
Q Every candidate in the race sought your endorsement,
: A
didn't they?
Q
A I believe all of them did.
race th
Q And were anxious to have as many black votes as they
A
could get, weren't they?
0
A Yes, sir.
| A
Q And over the years your success in getting black votes
to go along with league endorsements has been proved by the
¥
efforts of candidates to get your endorsement, isn't it?
A Yes. To a certain extent.
Q All right. Now, did I understand you to say that
what the league did was to try to endorse only people whom,
in their judgment, would represent all people, black or white?
140
-—
Lid
A " Yes, sir.
Q In your opinion, has the league endorsed only such
people?
of
A In my opinion, they has; yes, sir.
= en :
9) So, in your opinion, every candidate the league
“ave
has endorsed would have been, if elected, a fair representative
of both black and white?
D> start
A That was our motive.
Q Is that your opinion of the facts?
Hon
A Yes, sir.
Q Now, then, you have had notable success in electing
candidates that the league has supported, have you not?
Bement,
A Yes, in some instances.
£1Q Now, as a matter of fact, in the Greenough - Bailey
‘||race the league originally supported Bailey, didn't they?
mg they
A No, sir.
0 Who did they support?
A Didn't they support Mr. Greenough?
nck votes
Q Well, let's put it this way -- I can't answer your
y the
question.
Et? Sr
Let me ask you this. Didn't the black vote in effect
put Gary Greenough in office?
that
A I wouldn't say the black vote alone, sir.
whom,
THE COURT:
r white?
«14%
Was it the differenca?
A I beliave ro.
THE COURT:
All right.
MR. ARENDALL:
Q Wan it also the difference in the Mims race?! Could
Mims have been elected without it?
A Well, that vas the reason we endorsed them, in order
that we would support those men who we felt would represent
all of the people and then those who we endorsed we would
ask the league to support them, but remember, the league
didn't always support wholeheartedly who we endorsed.
Q I think you had better explain what you just said
to me. Did I understand you to say that the league didn't
support wholeheartedly support or was it the blacks?
A The blacks,
Q In the last race Mr. Doyle didn't have opposition,
did he?
A No, sir.
Q So, there wasn't any question there of solicitation?
A No, sir.
9) Now, you were talking about the inability of blacks
over the last six or eight years getting elected in the
County wide races.
Q
did you
voters
interes
A
Q
A
I think
carryim
all pec
_ 142
tation?
blacks
417
No further questions.
THE COURT:
Will you put witnesses on just what you have been
over the composition in the appointing authorities?
MR. ARENDALL:
Yes, sir.
MR. BLACKSHER:
One question, your Honor, that I would like to clear
up.
THE COURT:
Go ahead.
REDIRECT EXAMINATION
BY MR. BLACKSHER:
Q Reverand Hope, in answering Mr. Arendall's questions),
did you mean to say that every candidate that the non-partisan
voters league has endorsed has turned out to represent the
interest of the black commmity fairly?
A In reeent years they have.
Q How recent do you mean when you say recent years?
A In this last election and maybe the election prior.
I think, in my opinion, they have done a very good job in
carrying out their obligations toward tryin to be fair to
all people.
1453
—{ 41)
Q Is that your opinion or the opinion of the entire
THE CO!
league?
A Yes. That is the opinion -- that is what I am trying
to speak for. They feel that the candidates that they have
elected here in recent years has done a very good job along
that line.
Q Reverand Hope, has the non-partisan voters league
; Plainti
ever sought to encourage or to file a. candidate of their
the tru
own from the black commmity ...... i 2
|| the sta
MR. ARENDALL: .
Objection, not in rebuttal. 4
:
THE COURT: ;
I will let him ask him. Ey TM,
A I beg your pardon, sir. oo Q
THE COURT: (cl =n
You may answer. : | has fou
A It has been very far between. We haven't had too bod has liv
many candidates who are black to run. I would think because tor of
they felt that they didn't have a chance to win, but we the Mob:
Mr. LeFlore, he ran, himself, I believe for the Senate. Not 9 hood, wl
He
that I believed that he believed that he was going to win g& that an
the race, but to encourage blacks to prepare themselves or > A
run for these different offices. : Q
MR. BLACKSHER: {.Joun the
i: 7+ 3
too
=cause
419
That's all, your Honor.
THE COURT:
You may come down, Reverand.
. Whom will you have next?
JAMES SEALS
the witness, having been called on behalf of the Plaintiffs, and after having first been duly sworn to tell
the truth, the whole truth, and nothing but the truth, took
the stand and testified as follows:
DIRECT EXAMINATION
BY MR. MENEFEE:
Q This is Mr. James Seals. He is forty-eight years
old. He lives at 404 Palmetto Street. He is married and
has four sons and holds a masters in music education. He
has lived in Mobile County all of his life. He is =n instruc
tor of music at Bishop State Junior College and he works with
the Mobile Jazz Festival and has been active in his neighbor-
hood, which is often called "Down the Bay Neighborhood'; is
that an accurate statement, Mr. Seals?
A Yes, it is.
Q Mr. Seals, have you spent most of your life in the
down the bay neighborhood?
T
145 i
A Well, it has been a problem since this -- around
'69 or '68. That is when the renewal started, I believe.
Q Still no remedy to that problem?
A I don't know if it is being resolved, at this time,
or not.
Q Mr. Seals, in the course of our conversation the
other day you mentioned that you voted at all Saints
>
Episcopal Church?
A Yes.
Q Is this a predominantly white church?
A Yes, ie is.
Q As a black person, have you ever felt any reluctance
in voting there or have members of your family or community?
A Well, I don't feel reluctance now, because I guess
I have gotten use to the idea because of all of my places
of voting. First I voted on Pillans Street at the VFW and now
on Ann Street and all of the places I have voted since 1
have been voting have been predominantly white places and
I guess I have gotten use to the idea.
Q Do you think it deters some of the people in your
neighborhood?
A I would imagine it deters some in going to a
predominantly white place like that.
0 Has the increased presence of black poll workers
146 -—
- and the:
that th
about g
if they
is a re
Q
neighbo
organiz
tion.
in your
candida
circums
A
Q
A
Q
A
Q
A
don't t
=md
Ehe
ictance
amity?
Juess
~es8
and now
I
and
Four
- and they did feel that since the poll watchers were mixed
made voring in recent years ~-- made the voting facilities
seem more available and attractive to black citizens?
A Yes. I have spoken to some of the people in my area
that they had more ease and they felt a little differently
about going to the polls, because people generally feel that
if they go places where they are not mamy of their kind ther:
is a reluctance about going.
n One last point. You have been active in your
neighborhood for some time and a leader in your community
organization and void expressed interest to me in this litiga-
tion. :
Do you think if single member districts were created
in your neighborhood that you might offer yourself as a
candidate for City council or City Commission under certain
circumstances?
A If it was changed?
0 Yes, sir.
A Yes, sir. I do feel that I would.
Q You wouldn't under the present system?
A No.
Q Why?
A Because it would be very difficult to win and I
don't think that I would like to sit myself as a loser from
431
1471
0] Not all of that being City money?! A great deal of
it being Federal money, vasn't it?
A Right.
Q And by and large the Mobile Housing Board since it
is ho recipient of the Federal funds, is subject to the
overriding suthority of their Federal authorities, is it not?
A Yes.
Q Now, I believe you have told us that you had been
to the City Commission cone or more times in connection with
problems you have in your area; is that correct?
A \ Several times.
9) Which commissioners have you met with? |
A With our present commissioners, I have met with all
three.
Q And the previous cormisaion, with whom did you meet?
A Each tire that our dalegates went before the
cormissioners, all three cormissioners were present.
Q About how many times would you say that your delegat
has been down to the City Hall and met with the commissioners
since May of 19671?
A At least four times since 1967.
Q And they hava been readily available to you to meet
with your delegation, haven't they? You had no difficulty in
getting heard?
: _ 148.
fon
a
ie
bad
P
y
A
Q
have actu
accomplis
drainage?
A
Q
A
it was ma
THE COURT
mentionir
we were €
that #52
and the C
been done
and divosxs
Q
3 R
e
1 of
ep it
> not?
with
1 all
meet?
=] egat
loners
Lon
434
A We had no difficulty at the meetings, no.
Q With the exception of this matter with the park, you
have actually accomplished everything that you had sought to
accomplish except a part of the area has some problem with
drainage?
A The park and the schools, there were two.
Q Well, the schools are subject to Judge Hand's order.
A Well, you see, we were involved in that survey and
it was made of the down the bay area.
THE COURT: :
I think you can forget the school. That is out of
the City's hands on a petition from the black people.
MR. ARENDALL:
0 “As to the mrk, didn't I understand you to say that
you now feel that you have encugh people down there to actual
get built the park that is part of the major plan?
A But it is very difficult to discuse the park without
mentioning the school, because it comprises one big area and
we were told that the vhole area was owned by the housing boa
that the school board was suppose to purchase one part of it
and the City the other and, to our knowledge, this has not
been done. So, it is very difficult to talk about the park
and divorce the school when it is one large acreage.
Q Well, let's try to do that, because there isn't
T4149
—-
Lee
i 18
)
|
{3
A
en
SA
RS
RA
S
2
0
8 S
S
E
anything, Mr. Seals, that the City Commission can do about
that, or even tha school board can do about that.
MR. BLACKSHER:
If your Honor please, I object to counsel charac-
terizing that point. We will be glad to submit to you briefs
providing you what the legal situation is. I understand we
don’t want to get into it in detail, but I object to that
characterization. : ;
THE COURT:
Wall, it m~y be that the position that the City
takes in that other h-aring, but I think we will have to
take judicial knowledge that the City, by itself, cannot
do anything. It is subject to this Court's order.
Vhatever explanation you want and I am certainly
not going to try that case. Thank goodness that is not mine.
But the City Commissioners hands -- I think we have to
recognize is tied to a large extent by the action of the
Court in that law suit,
Now, if you want to show somes discriminatory purpose
or motive that the City had in that suit, I want you to feel
free to do it, so far as it relates to the park.
MR. ARENDALL:
As a matter of fact, Mr. Seals, the City of Mobile
doesn't run any schools any where, does it?
‘owners
that 1
school
it is
bs
Q
lot of
draine
T1150
about
marac-
pu briefs
and we
that
=ity
* purpose
to feel
Mobile
‘ownership the land that was taken for the school site. See,
VE Ld SEAR
A No. The City does not.
Q That is done by the Mobile County School Board?
A That's right, but there is another problem, if I
Q Sure. Go ahead.
A The housing board now wants to sell to private that is another problem, because the land was taken for a
|
school site and now if it is resold for private owners, 1 think
it is unfair.
|
|
Q That is the housing board and that isn't the City |
Commission and that is subject to Federal supervision, ien't
|
A I guess so. |
Q Have you made any representations to HUD or HEW? |
A Just the housing board.
n And what response did you get from the housing boned?
A The action is still pending on it. |
Q They have to take it up with Atlanta first, I chink,
don't they, and then Washington? |
{
|
Q All right. Now, as to drainage, drainage in a whole
A More than likely.
lot of parts of Mobile, to your knowledge, have problems with
drainage, don't they?
irr |
A
R
E
N
Ge
et
e
t
S
l
R
d
w
e
e
r
T
RT
E
et
TE
NE
Lr
SO
J
A I would suppose so.
a Are you aware of the on going efforts of the City
of Mobile to effectuate a major drainage program?
A Yes, I am.
Q Is it fair to say, than, that you really not only
have had access to tha City Commission and have been heard
by them as to every matter that you have sought to bring to
their attention, but that with the essentials .of the park
to whatever extent tha City has control over that, that i»
the only thing that you haven't gotten vhat you wanted; is
that right?
A Hell, in my case, yes. .
Q Thera are, as you said to us, black and white poll
watchers at all Saints Church, are there not?
A There are.
MR, ARENDALL :
No further questions.
THE COURT:
Any further questions?
MR. MENEFEE:
No, sir.
THE COURT:
All right. You may come down.
Whom will you have next?
I am
testif
They h
THE CO
to and
questi
The Con
tions -
witness
limit c
tell tt
took tl}
BY MR.
J.
Everett
of Mobi
the Uni
North T
p City
~e poll
441
I am going to put Dr. Voyles on as a witness and let him
testify and he will be subject to full cross dxsuination.
They have his chests and it speaks for itself.
THE COURT:
Well, he has the right to call anycody that he wants
to and limit -- really, now, under the Federal rules, the
question of wvouching for a witness is about out the window.
The Court takes the testimony and weighs it. The old limita-
tions -- we are particularly familiar with vouching as to a
witness has certainly been severely reduced and we will
limit cross examination and then you can put him on.
JAMES F. VOYLES
the witness, after having first been duly sworn to
tell the truth, the whole truth, and nothing but the truth,
took the stand and testified, as follows:
DIRECT EXAMINATION
BY MR, STILL:
n May {t please the Court, the witness is James
Everett Voyles. He lives at 1102 Savannah Street in the City
of Mobile. He has a B.S. Degree -- and a M.A. Degree from
the University of Mississippi, and a PHD Dogree from
North Texas State University in Denton, Texas, with the
153
major in political science.
He is presently employed in his own business, which
is known as James Fverett Voyles and Associates.
Dr. Voyles, what is your age? Sp
A Thirty-two.
Q You also hold a part-time teaching jobs at Springhil
College and the University of South Alabama? |
A That was true, Mr. Still, up until May, at which
time, I resigned in total from Springhill. I will teach in
the fall at the graduate program at the University of South
Alabama, assuming it is funded.
Q Would the clerk hand the witness Exhibit number 9,
please?
Here you are. Do you have one?
A Is that my desertation, Mr. Still?
Q Yes.
A I have a copy here.
Q Fine. They are all numbered the sama, Judge. Would
you explain to us what Plaintiff's Exhibit number 9 is?
A It is my doctoral desertation which is entitled
a
r
"An Analysis of Voting Patterns in Mobile, Alabama, 1948 through
1970".
Q And this was in partial completion of your PHD?
A Yes. That's right.
- 154
the Pl.
square
ma jor
variab
of thes
Q
answer.
A
handle:
443
Q What was the general purpose of the study?
A The general purpose of the study was really to be
a methodological statistical study of the voting patterns in
the City of Mobile during the years this indicates.
Q What statistical devices or methods did you use to
measure voting behavior?
A Are you referring to the Pearson product moment?
0 Yes.
A Yes. I used that as a means of determining correlation
between variables in voting.
Q Is this a form of regression analysis?
A Yes, it is.
Q And is it substantially similar to the least sq:uar-~-
method of analysis?
A Yes. As Dr. Schlichting testified, the methods that
the Plaintiffs used a multiple correlation is based on least
squares. This is always a derivative of least squares. The
ma jor difference, the Pearson product moment handles only one
variable at a time whereas the multiple handles any number
of them. |
Q They come out with generally the same statistical
answers given the same information?
A Yes. Theoretically, at least, if the data was
handled exactly the same the results would be exactly the
155:
HR. STILL:
In the bottom of the second paragraph, you make
the statement, "The implications appeared to be that
identification with the black vote was to be avoided if one
was to be successful in local elections.
influence was virtually deleted in Mobile, ".
Now, was that a conclusion of your study?
A Yes. That is basically a conclusion. °
Q All right. Wasn't the thesis
you set out to prove in this desertation that black voting
influences in the City of Mobile over the time period you
were talking about hed decreased and thé Republican influence
was increasing during the same time period?
A Yes.
Q All right. Did you prove that hypothesis?
A I think I proved very well the question of the black.
I am not for sure I did so well on the Republican, although
statistically they both proved out.
!
You then again make the same type of 0 All right.
statement about black influence in the elections, on page
one hundred, I believe, in the bottom paragraph on that page,
you make a statemant that while blacks seem to be supporting
all three winners in 1953 that everybedy who won in 1969 did
not carry the black wards; is that correct?
ne oni
Thus, black electorsdl
or the hypothesis that
460
| ~ 156;
=
D
-
D
D
B
D
and seve:
that it
identifi.
A
Q
with the
A
race and
in Mobil.
strong {:
particul:
gROt tOO
candidat:
to find :
was part:
Q
substant:
ake
if one
. electoral
esis that
oting
| you
nfluence
he black.
though
e of
page
at page,
porting
969 did
h
s
S
E
A
L
ill in Mobile.
Did not carry the black groups, yes. ER
Q All right. Is that a conclusion of your study?
A Yes.
Q Is that in support of your hypothesis?
A Yes, it is.
2] And I believe that you stated on page one hundred
and seven of the desertation, around the middle of the page
that it is better to ignore the black vote than to risk
identification with it?
A Yes, 1 did.
Q : All right. Now, what do you mean by identification
with the black vote? :
A: - - Well, by 1969, Mr. Still, the issue of Civil Righ:s,
race and so on, had become very important, an important issue
Perhaps it reached its peak, but certainly was a
strong issue anyway and had been in the '65 race, as well, particularly in '69. What I Beant by this was LE a candidate
got too close to the black vote and was identified as a
candidate of the black community he was very likely, in 1969,
to find some white backlash to his particular candidacy. This
was particularly critical, if you were in a runoff election.
Q Your thesis is not that any person who receives
substantial black votes is going to lose, but that that candi
NE
Ey — 462
date will lose if white voters perceive that the candidate 3 Since
is identified with black voters; is that Horvest? 5 at whi,
A Yes. That is basically what it is. 9 opposi
Q So, it is quite possible, under the thesis that you : black
have developed here, for a candidate to receive a substantial 3 large
number of black votes and still be successful; is that correct? h with ti
A Yes. I would have assumed, in 1969, that a candi- J from ti
date could have received a substantial amount Jf votes in the i expect
black commmity and still have been successful. | came,
Q Now, would it also be congruent with your thesis Q
that a candidate -- if a candidate was identified with the in som
black vote, that white voters might vote against that candi- data a
date, notwithstanding how the candidate actually did in the A
black wards on the same day? recall
A I suppose that is possible, although we don't have Q
any results of that that I know of. situat
n All right. And most of the cases that you studied, A
didn't the allegation of -- well, the identification with the type t
black vote or with the block vote, as it is called in adver- in the
tisements, sometimes doesn't that generally take place in a Q
runoff election? Langan
A Yes, The tendency was and this is in the perception A
part of the tendency <0 that several candidates would run in data.
the first race which two of them would end up in a runoff. 0
ig 158 "
——rbhd
didate
that you
bstantial
At correct?
candi-
ws in the
hesis
kh the
E candi-
in the
't have
studied,
with the
n adver-
cre in a
erception
ld run in
Since the election we are talking about requires a majority,
at which time, in the case of Joe Langan, in particular, his
opposition would publish in the newspapers results of various
black wards showing that Mr. Langan got a disproportionately
large percentage of the black votes and thus identifying him
with the black vote and the strategy would be the reaction
from the white commmity to offset the votes Mr. Langan was
expected to get from the black area and the perception part
came, of course, from the opposition that published this.
0 In Mr. Langan's case, didn't you find in here that
in some cases tiie’ opponent would use the previous election
data against Mr. Langan the first time around?
A No. I don't believe I did, Mr. Still. I don't
recall that, if I did.
Q It is just ‘generally restricted then to runoff
situations?
A To my knowledge, the only advertisements of that
type that appeared within the period of this desertation was
in the runoff with Mr. Bailey and Mr. Langan in 1969.
Q All right. Was 1969 a runoff with Mr. Bailey and
Langan, or was it just the first election?
A Yes. It was not a runoff. 1 assume I used the 1965
data.
0 - All right. Now, about page seventy of the desertatign
= 1591
you began talking about some black candidates who have run
for election?
A Yes, I do.
Q Which black candidates did you study?
A The 1966 race of Dr. Russell who, I helieve, was a
candidate for the Mobile County School Board and then, I
believe, the election of Mr. -- that Mr. Montgomery and
Mr. Bell contested, which was a special legislative race in
Pid I do the one on
.
1969. You might prompt my memory.
the Jacobs race in the desertation?
Q I don't see it mentioned.
A I don't believe I did. Okay.
Q All right. Now, what conclusions did you draw about
the chance of a black person being elected at an at large
election?
A I don't know that I came to that conclusion. None
of these three candidates were successful.
n Did you run any sort of an analysis about the votes
that they received in various wards? |
A They received substantially more vote in the black
area than they did in the white.
8) Would you look at page seventy-two, please?
You have a statement there, ''In fact, the percentage
of vote for Russell in each ward corresponded closely to
. 160
| 464
the per
Russell
did in
: :
the per
percent
substan
A
not for
statist
Q
Plainti
page at
Exhibit
you were
page inc
correlat
legislat
Sul Co a SRT BY.
the percentage of negro voters in that ward."
Is that a conclusion of your thesis?
A Yes, {it is.
Q Would you think that that would indicate, at that
wag a time, a racially polarized voting situation?
A I think it indicates, in that particular race, that
Russell did substantially better in the black area than he
ce in Sid §5 ‘the white.
Q All right. Does it indicate to you, considering
the percentage of vote that he got in comparison to the
percentage of black in each ward, that he was receiving
substantially negro votes and no others?
iy about A He was receiving substantially negro votes. I a=
rge not for sure I can come up with a cause and effect on the
statistics. I was not in Mobile at the time.
None Q All right. Would the Clerk hand the witness
Plaintiff's Exhibit number 53, please?
Yotes Would you look at, please, the top of the first
page at the results of the City Commission races and this
Slack Exhibit has been previously explained to us and I believe
you were here, at the time, that the top half of the first
page includes the Pearsons R, that is the product moment
e
eentag correlation coefficients run by you for each one of these
to
— legislative races -- excuse me, City Commission races for
161}
groups holding race constant, as we say?
A Yes. I compared the low income white groups with the
higher income white groups.
THE COURT:
There seems to be some of your notes in this Exhibit,
Hand them to him, Mr. law clerk.
MR. STILL:
All right, excuse me. .
0 Does this table show only the difference between low
white and high white? :
A Yes, I believe so. |
n All right. Is it possible to compute, fiom the tants
beginning at page one hundred and twenty, the difference
between the low black and the low mid-black?
A Yes.
0 All it would be is a subtraction effort, wouldn't iti
A Yes.
MR. STILL:
Your Honor, I would like to show the witness -- we
are running out of space to tack it up on the board over thert
This is Plaintiff's Exhibit number 56. Take a look at that
for a moment.
All right. Plaintiff's Exhibit 56 is a chart showing
the differences between -- in the case of the dotted red line
162:
473
a
i
a
hi
fe
R
e
showing
low ine
differe
percent
corresp-
twenty -
A
Q
from th
are not
the dif
income
respect
the sol
would t
middle =
that th
The dif
ith the
xhibit
en low
1e table
dn't 1t1
-— We
er there.
that
showing
ad line
I——
473
showing the differences between the low income black and the
low income white who voted for the winner.
In other words, that would be the same as the first
column labelled "Difference' on page one hundred and twenty,
wouldn't {t be, Dr. Voyles?
A Yes.
Q All right. Now, the solid red line shows the
difference between Yower middle income blacks and whites, the
percentage voting for the winner, and I believe that would
correspond with the last column on page one hundred and
twenty marked difference, wouldn't it?
A Yea, sir.
Q All right. Now, the black lines are then compuod
from the material that you have on this table and the differen
are not specifically shown, but the dotted black line shows
the difference between lower income blacks and lower middle
income blacks that would be comparing the column -- those
respective columms and taking the difference batween them and
the solid black lines show the same thing for whites, which
would then take the colurms labelled lower white and lower
middle white and take a difference between them.
Now, looking at this chart, don't we generally see
that the difference between racial groups -- no, excuse me.
The difference between income groups remains fairly low from
ices
163-
is LS BLT) E=.
1961 on, whereas it was much higher in the fifties? Q
; A Yes, it is. nor has 1
: Q Doasn't tite chart also show that the difference A
; betwean the racial groups was about the same as the difference at this p
betwaen income groups in the fifties, but that it got much campaign °
higher into the thirty to forty percent range in the sixties; Q
3 isn't that correct? "R" in th
; A Yes. That is what it shows. z additiona
4 Q All right. Now, would you econelude from looking at cost him
L this Exhibit which, of course, is based on the table in your A
| thesis that over the time from 1953 to '69, which is a period Q
covered by your thesis, that the income of the voter has become A
less important in explaining the difference in turn out than Mr. Langa
the race of the voter has? perhaps t
A Actually, we are not talking about turn out. We are factor, t
talking about..... numbers -
Q Excuse me, voting for the winners, I am sorry. ten, elev
A Yes. Ve are limiting that up to and including 1969. sixteen In
That is true. is fewer
Q All right. Your Homor, this chart includes some
data from 1973 that was aleo presented to us by the Defendants. received
We will present this in evidence at a later time he did ir
once we have gotten that material in. the black
1965; thas MR. ARENDALL:
Gs ——
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Q : In any event, that was not dos ta your desertation
nor has it been done in Dr. Schlichting's regression theory?
A No, and going further than that, it cannot be done
at this point. It would have to be done at the time of the
campaign while it was going on.
Q While your desertation indicates a very high Pearson
"R" in the Langan 1969 race, did you make a sufficient
additional study to form a conclusion as to what actually
cost him the election?
A Yes. I made some comments on that in the desertatior
Q Would Jor abrash those to us?
A Well, I think the obvious thing that happened to
Mr. Langan in 1969 was the boycott in the black area and
perhaps the impact of the hurricane Camille, but for whatever
factor, the fact that blacks did not turn out in large
numbers -- to give you some figures about that, in wards
ten, eleven, twenty-two and twenty-three, Mr. Langan received
sixteen hundred and ninety-two fewer votes than in 1965. That
is fewer in 1969 than he did in 1965.
In wards three, twenty and thirty-two, Langan
received three hundred and sixty-six votes fewer in 1969 than
he did in 1965, yet his percentage of vote that he got from
the black area was roughly the same as what he received in
1965; that is, he received most of it.
k.
165
Q Now, cause and effect is not shown, as you said?
A No, not by the statistical work.
Q All right. Do you have your thesis there in front
of you?
A Yes, I do.
—1 Aly
black for another type of ward,
So, there is -- that would be forty percent black or
a forty-five percent gap in there?
A Yes.
Q We are not talking about smaller increments of
vote, escuing the diagram in some way showing a smaller
relationship or near perfect relationship on the basis of
that?
A Yes. We had a pretty good gap in them.
nN Forty-five percent is a pretty good gap when we are
talking about a hundred percent universe, aren't we?
A Yes. .
Q Now, the thesis you were testing -- the hypothesis
you were testing in this thesis was that black voting power
in the City of Mobile had decreased during the period under
study.
Now, you found that to be true, didn't you?
How are A Yes. If you are going to -- yes, okay.
you going to define voting power in what you are saying?
fo E
Q
A
Q
a sentenc
THE COURT
MR. STILL
THE COURT
MR. STILL
mathemati
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front
484
Q Look at page twenty-nine, please.
A Okay.
Q Now, toward the bottom third of the page there is
a sentence........
4. THE COURT:
| What page?
MR. STILL:
i lMr. STILL:
3 mathematical models that determine the degree of association
Foo
B
E
.
UI
D
E
B
-
SE
R
i" [between two factors and we have ruled out the obvious anomalie!
+' lor the obvious things like shoe size and reading ability, if
489
Twenty-nine, your Honor.
THE COURT:
All right.
That reads: ''Product moment correlations are
between given variables."
Yes.
Now, you used the term there, "degree of association"
Yes.
Instead of cause and effect?
Yes.
Now, once you have shown a degree of association
we are really trying to test something, doesn't that degree
pf association shown by Pearson's R actually shows us that
J -
4 167; 4;
’; | SR
the two factors are associated in some way; isn't that
correct?
A Yes. It shows association. What it does not show
is the reason for this association.
Q Right. And we can, once we have shown the associatid
between childrens' shoe sizes and their reading ability, once
we have shown there is that correlation, then we can look at
it with our own intelligence and say, well, of course, there
is cause, they are ‘both related to age; isn't that correct?
A Surely.
Q When we are dealing with elections, I believe you
said you were replicating a study that had been made in
Atlanta trying to determine the impact of race and income on
voting within the City of Atlanta and, in this case, you did
it for the City of Mobile and there are other studies for
other areas, aren't there?
A Yes, there are.
Q After we have this statistical measure called
Pearson's R we can then look at it with our~ own human
intelligence to determine whether or not it means anything;
isn't that correct?
A Yes.
Q And in writing your thesis you looked at the
Pearson's R that you got and you determined that black voting
n
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a
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ro
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you did
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491
power had decreased during the period under study, didn't
you?
A Yes, I did.
MR. ‘STILL:
All right. That's all the questions that I have.
MR. ARENDALL:
Judge, I overlooked asking one brief question.
THE COURT:
All right.
RECROSS EXAMINATION
BY MR. ARENDALL:
Q If you would, please, turn, Dr. Voyles, to page
one hundred of your desertation right up at the top. You are
referring there to the Langan election in 1969 and you have a
cause that says; "He did not carry a majority in any ward
(or group) that was predominantly white.".
Now, should not the words "Any ward" and then the
or before the group be deleted and should not the clause
correctly say, "He did not carry a majority of any group that
was predominantly white'?
A Yes. That is correct. I am surprised they didn't
catch that.
Q In the election in which Mr. Langan was defeated,
_ 169!
THE COURT:
When we use voting power, we have to use in conte t
with different things, don't we?
A Yes.
THE COURT:
That is one of the problems we run into with statis-
tics. Go ahead.
MR. STILL:
That's all the questions I have, your Honor.
THE COURT:
All right. Who is your next witness.
MR. STILL: :
We call Dr. Charles Cotrell.
CHARLES COTRELL
the witness, called on behalf of the Plaintiffs and
after having first been duly sworn to tell the truth, the whol
truth, and nothing but the truth, took the stand and testified
as follows:
DIRECT EXAMINATION
BY MR. STILL:
Q May it please the Court, this is Dr. Charles L. Cotrell. He lives at 210 King William Street, San Antonio, et
170
(}
]
the p
get t
DELBERT: 7,
conte t
» statis-
iffs and
the whole
? testified
498
the present case, but we will take them up at the time we
get to them.
Now, Dr. cotrell, what background work have you done
here .in the City of Mobile to prepare yourself for the testi
mony in this case?
A I examined Dr. Voyles's thesis. I examined the
work done by the two statisticians hired by the Plaintiffs.
I undertook fairly extensive interviews with politically
active persons in Mobile City politics and Mobile County and
schoolboard politics.
I read AeMIpabeE articles on Mobile politics and
visited Mobile, for these purposes, personally three times
for period roughly of ten or twelve days.
Q Now, what does the term "voting dilution' mean to
you as a political scientist?
A Voting dilution means the cancelling or submergeance
of a voting group, an identifiable group of voters. It is
usually used in association with at large elections. That
is the context within which I have used the term and have
seen it used. It suggests that a number of factors have
come to play, some historical and some current have converged
to bring about an effect which basically, as it were, freezes
permanently or makes it significantly difficult for a parti-
cular group to express their preferences.
1717
It is associated with a very important dynamic,
that is of racial polarized voting, in a context where race
has shown to be manifest in elections or in a -- in a context
wherein vibe can become manifest in the elections.
In the particular electoral structure of at large
elections in the context of the dynamics of racially
polarized voting, racial dilution occurs when, for example,
one racial group of a minority numerically or possibly have
a majority numerically, but still, in a voting minority
faces, in the sense, we could say the hostility of a white
majority or a black majority, but faces hostility of a
voting majority which basically controls the entire electoral
-- @lection and so on.
So, the dilution occurs when the preference of the
minority numerical or the minority occurs when the preferences
are no longer registered in the system. In other words,
the votes could be cast time and time again, but to no
avail.
Now, there are other factors which have been found
in behavior in law, but that is the basic dilution notion.
Q All right. Now, what data from Mobile did you
examine to decide whether or not voting dilution of black
voting strength exists in Mobile City?
A I examined correlations that were presented to this
i
Court.
I heard
I examin:
I also e
which ha
Q
your opi:
voting p
MR. AREN
consider
can be b
what dil
definiti
or his p
MR. STIL
Mobile h
thereby
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| 499 _ 500
Court. 1 interviewed some eighteen to twenty individuals.
I heard testimony in this Court for the past two days.
I examined what can be called racial campaign appeals and
I also examined, as I suggested to you, Dr. Voyles's thesis
which has been introduced as evidence into this Court.
Q From this evidence, what is your opinion what is
your opinion about whether or not voting dilution of black
voting power exists in Mobile?
MR. ARENDALL:
Just a minute. Objection to that. I do not
consider that he has stated the facts on which an opinion
can be based.
Well, he is giving a political science view of
what dilution is. That is not necessarily the Court's
definition of what dilution is, but to develop his thesis
or his point, I will let him testify.
MR. STILL:
Have you reached a conclusion?
A Yes, I have.
It is my opinion that black voting strength in
Mobile has been diluted and the black voting strength is
thereby basically cancelled or negated in the at large
structure in the Mobile City elections.
173
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Dr. Schlichting's testimony; is that correct?
A Since approximately ohe-£ifteen on Monday.
Q All right. James Buskey and some other witnesses
that we have had have suggested that lower black voter
turn out in elections is a residual effect on past
discrimination.
Do you feel that you have sufficient evidence to
draw that same conclusion here for the City of Mobile?
A I would like to look at more data before I would
reach the conclusion that it is simply the residual effect
that causes low black participation or low voter turn out.
We do, hovaver, have some evidence and I would, among the
explanations, lean toward a residual -- the residual impact
of exclusionary laws in the past.
We have evidence which shows up to 1965 that there
was a fairly massive differential in voter registration and
this doesn't necessarily mean turn out, but it is an
indicatory.
Secondly, I believe Plaintiffs have' introduced some
contrast between predominantly white and predominantly black
wards and turn out in the seventies.
The interviewees all estimate that the turn out is
lower. So, I think we have some basis to reach a tentative
conclusion that there is a differential between black and
X73
US
{ white tur
: As
. political
'
ill explanati
: out would
Sharshans
Kenneth W
book on yo
ebenoture
: rates anc
historic
:
li
of exclus
voters ii
indigenos
as a pol
national
and yet
anals of
would su
lh 504
i white turn out.
As to the residual question, it Seems to me that
esses 81. poritical science offers us, I should say, three possible
mid &ll"t explanations. One of them would be that black voter turn
a out would be the result of past electoral structures. Ira
| Hi Sharshansky (sic) in his book on regionalism in America,
= to gl Kenneth Vines -- I am sorry, Jacobs and Vines and their
2? oF book on American State Politics, suggest that electoral
ould i structures do, indeed, have a real impact upon participation
af fect rates and if a group of citizens have been excluded
a out. historically, : 4 ehirke we can reasonably expect that legacy
z the “of exclusion to hang on, as it were, as a residual effect
impact 1 in terms of their voter turn out. That is one explanation
and that is the explanation to which I lean.
there * lo What are the other explanations?
on and ¥ A A second explanation would simply be that black
3 voters in Mobile, as blacks are apathetic, something
| indigenous in the group. I don't believe I would honor this
d some 5 as a political science explanation. It gets into the
y black ; national character studies that have been fairly discredited
and yet a third explanation would suggest that it is in the
ut is |. anals of voting behavior literature a third explanation
tative | : would suggest that lower income people turn out less and that
td 4 :
| | 375
there is an overlap between black voters and lower income
people.
of course, we had testimony yesterday which showed
that in spite of the economic levels, as it were represented
in Dr. Voyles's thesis, the differential between white and
black voters and turn out in the sixties maintained. Thus
I would return to my original point, the residual explana-
tion seems to have credence. :
Q All right. Let's go back over a couple of these
points for a moment. As regards the second point, you said
it might be something indigenous in the black character and
then you said that deals with the national character studies
which have been pretty well discredited?
A Well, let me elaborate on that. I don't want to
make this a vowel, but it could be a possible explanation,
as I see it. During the thirties and forties a number of
studies were contrived concerning the authoritorian or
regimenting might of the German. people, tracing it back to
some pression regimentation in the ainpresish century. To
impute to a group, a racial group to an ethnic group or to
fiipute th a national group characteristics such as in the
area of the country that I am from, Mexican-Americans are
simply lazy, is dangerous stereo-typing and I don't see any
evidence which suggests that there is anything indigenous
176
in blac
that the
Q
conduct
turn ou
and sin
the lep
A
plece c
of blac
House c
whereir
office
to that
electir
legisla:
I have
the Be:
decisi
MR. AR
THE CO
Encome
showed
oresented
-te and
Thus
~plana-
“hese
“ou said
ter and
studies
or to
1 the
8B are
see any
2nous
in black voters in Mobile as a group that they would suggest
that they don't turn out.
Q All right. Now, have you examined any evidence or
conducted any interviews about the difference between voter
turn out and multi-member elections or at large elections
and single member district elections which we have here for
the legislature?
A Well, I have, in the context of San Antonio, one
piece of evidence we have here appears to be the high degree
of black voter turn out in the single member district,
House district ninety-nine; that is John LeFlore's old seat,
wherein, I believe, six candidates offered themselves for
office and there seemed to be a response among black voters
to that number of candidates and to the possibility of
electing a black to -- or a person from that district to the
legislature. |
I have also compared, I would say this very briefly,
I have also compared the effects of the same phenomenon in
the Bear County, Texas, the original authority in the White
decision.
MR. ARENDALL:
Just a minute.
THE COURT:
We are not going into what you found out there. You
506
7rd
may use the basis of any studies you made in drawing
conelusions and facts you have found in this one. I would
suggest you do not interject those other cases into it.
MR. STILL:
You have heard testimony in this Courtroom from
several persons saying that black people generally have not
run for at large elections, because they felt that they did
not have sufficient voting power to win them and I believe
Mr. Buskey testified that he would not runin an at large
election, because he could not win such an election.
Have you bekn able to gather any sort or make any
sort of conclusion on the basis of the ‘testimony that you
have heard here, the interviews that you had on the other
evidence that you looked at as to the participation as
candidates by blacks in an at large election system versus
a single member district system?
A The political science language for this would be
the recruitment of candidates and based on the testimony I
have heard, and based on the interview sources, I would have
to conclude that black voters -- black candidates would
basically -- potential candidates would be discouraged from
running in at large situations and the view expressed to
me and in this Courtroom is that there is a high probability
that we won't win or it is impossible or, as one person
missin
said, s-
which t°
discour
through:
hence r
discour
Q
Honor a
voting
thirty
they ar
tical
sugges
thirty
Mobile
appare
he cor
178"
I would
rom
ave not
hey did
relieve
large
versus
d be
mony I
uld have
uld
ed from
d to
bability
307
508
said, suicide, in the at large structure and the way in
which this would be talked about would be a certain
discouragement in the incentive to offer one's self or
through association gather about political followers and
hence run for office. So, my opinion would be that a
discouragement factor is at work.
Q All right. You have heard the question that his
Honor asked the previous witness this morning about the
voting power of blacks between the time that they are
thirty percent oy so of the electorate, and the time that
they are fifty percent of the electorate.
Do you agree with the conclusion that Dr. Voyles
reached that as long as racial polarization occurs that
blacks will not be able to win at large elections?
A Yes, I do. I would like to comment on that, 1f I
might.
Q Go ahead.
A Judge Pittman formulated the hypothesis, the hypothet
tical in a way in which we can ill afford to ignore. He
suggested that in the hypothesis that as black voters in this
thirty-five percent population figure gained strength in
Mobile there is a tendency or potential to react among ==
apparently to react to that, as it were, as a threat. So,
he concluded the logical conclusion would be that until
179
-_—
soe]
blacks were in the majority in the at large structure you A
really couldn't expect their preferences to be registered that tl}
equitably. fk voters,
I think that goes to a very realistic view of this : works
particular rank or percentage rank of black population in 9 a white
Mobile and I would add one thing to it. It is quite @r black
pogsibls that that could be expressed, that resistance, yester:
as it were, to black, increased black voter registration, case a
could be expressed in a manifest way or it could in public
opinion terms remain latent, as it were. We wouldn't know voting
about the existence or possibly existence of racial THE CO
campaigning and appeals to it until a black candidate BE
basically a qualified candidate offers himself for office trying
and, in this context, I think we would be back to our A
probability of failure of success in the at large context. power
It is a very crucial way, it seems to me, to understand a whit
dilution in the Mobile context. as it
Q All right. Now, that deals with black candidates running o to evc
for election. | ; identi
What about the situation where it is not a black £ atl e
candidate running for office, but it is a white candidate 4 it see
supported by the blacks. Can the blacks occupy a pivotal 3 vote I
position thereby enhancing their voting power in the present : regis
system?
T1800 1
—e you
mtered
wf this
on in
dates running
lack 1idate |
votal |
e present
ses : ee SRR 4
A Well, Dr. Voyles's thesis and this testimony suggests
that the black identification -- identification with black
voters, as he calls it, is a kiss of death. I think dilution
works whether or not there would be a black candidate or
a white candidate openly and closely associated with the
black interests. We had a very esteemed citizen of Mobile
yesterday in the Courtroom, Mr. Joe Langan, and I think his
case and his election in 1969 speaks to that point.
Indeed, in terms of the pivotal vote notion or voting power, as Judge Pittman framed it.....
THE COURT:
I was using a term that the witness used. I was
trying to clarify what he meant by voting power.
A Well, let's stay with counsel's use of voting
power or the witness's use, as a term. What this means is
a white candidate would have to approach the black community
as it were, looking over his or her shoulder and hoping not
to evoke any kind of intents or close identity or racial
identity that would, in turn, cause what we would loosely
call a back lash among white voters. That formulation,
it seems to me in both the terms of discrediting the pivotal
vote notion and also in terms of this increasing voter
registration related to racial polarization is a very
181%
power.
THE COURT:
I understand.
A Because of the racial context within which they must
inciteful way to look at this, the Mobile situation.
THE COURT:
Now, I am not exactly sure just what you said. Do
I understand you to say that it is dangerous to look at the
increase of black voting power as minimizing their effect,
just because it increases backlash or are you saying somethin
else?
A No. We had two parts of it, your Honor, two parts
of the analysis, and War I am suggesting is that sort of
a vicious Catch-22, as you might hypothesize on, could occur
if racial polarization would indeed increase as blacks
become a voting threat.
THE COURT:
If I understood you correctly, you are saying that
racial polarization may increase, but it does mot necessarily
decrease their power, because they have some power on the
necessity of other people to seek their votes?
A No. That is the second point I was addressing. I
suggest their power is debilitated in the sense we use
182
be app-
THE CO
far as
seen i:
ads th.
be sad-
vote a:
for a +
should
voters
voting
causes
id. Do
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effect,
2 something
D> parts
rt of
11d occur
ks
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cessarily
n the
ne, .Y
Be
ey must |
31 512
be approached as a voting group.
THE COURT:
What was the danger? I understood you to say that
there was some danger in viewing that.
A Here is the danger, your Honor. It seems to me, as
far as equitable or equal black voting strength, we have
seen introduced into evidence here the newspapers and other
ads that show black wards with '"x's' through them and to
be saddled with that black vote, to openly court the black
vote and black interest, could indeed be very problematic
for a candidate. He must approach them looking over his
shoulder to see how that reaction is received by the white
voters and that is the very mechanism of racially polari=od
voting or the potential of racially polarized voting that
causes the problem in dilution.
Q In other words, you agree with Dr. Voyles's statemen
that it is a kiss of death to be associated with the black
vote?
A Yes, I do.
Q For a white politician?
A Yes, I do.
Q Now, all of this hypothesis has been based on the
idea that there is and will continue to be racial polarizati
Now, have you found, from the evidence presented in
on .
~ ———tl) yy
this case, particularly the computer analyses, the regression i MB. "ARES
analyses, that there is a racial polarization of voters 3 Q
within the City of Mobile? 4 that yom
A Yes. I have found that to be the case. : election
Q Do you find that it is diminishing, at the present 4 A
time, or increasing or staying about the same? 4 Greenoup
A I wouldn't respond to the question in terms of I am not
more or less or whatever. I would suggest to you that racially 4 not.
polarized voting exists, that it may be difficult to determine 5 Q
fully that that exists in the '73 elections, although you do : seen the
have some correlations. The interviews suggested that ; fact the
neither of the candidates in the Greenough -Bailey race || and that
were particularly favored by a great numbers of black voters) ; A
that is, identified with black voters. This was the intervipw E intervie
source and I guese more importantly the notion of race : 8 pPersor
still seems to be here and it seems that quite possibly it communi
could be evoked as an open issue, unfortunately, in 1976 as ¢ Q
it was in 1969 in terms of the racial campaign ads. Indeed, 3 some whi
testimony suggest that it was evoked in 1974. So, racial A
polarization still persists in the seventies, in my opinion. polarize
MR. STILL: . || group 14
Thank you. That's all the questions I have. and thei
MR. ARENDALL: | i what Dr.
Your Honor, give me about five minutes to look over , Q
184. ;
resent
of
at racially
determine
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at
ace
k voters)
interyioe
539
e
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MR. ARENDALL:
Q Dr. Cotrell, did I understand you to say awhile ago
that you purported to find some racial polarization in 1973
election for the City Commission?
A I would have to see the correlations on the
Greenough - Bailey race, but I believe the correlations --
I am not sure whether it was statistically significant or
not.
Q Well, I thought you based your opinion on having
seen the correlations. I want to call your attention to the
fact that it was shicty-Five -- the R square was thirty-five
and that is well ander the trash range,isn't it?
A Well, I also suggested to you to verify that the
interview sources suggested that Greenough and Bailey, unlike
a person like Langan, were not overly identified in the black
community as representing black interests.
Q Do I understand you to say that black candidates or
some white candidates have shunned the black vote?
A No. I said white candidates in the context of racial
polarized voting would probably have to approach a voter
group like a black voting group in Mobile very cautiously
and their approach and their strategies would have to avoid
what Dr. Voyles had described as the kiss of death.
Q And can you give me any caikdidate for City Commission
ly
185
154 BB
MR. MENEI
in recent years that have shunned the black vote?
i }
A I wouldn't be qualified to suggest that this candidate
or that candidate in the closeness of a campaign headquarters
developed the strategy or that. I am simply suggesting that
f
that is an explanation of the way campaigns are waged,
after ha
recognizing that the black voters might make as much as
; | whole tri
twenty-five or thirty percent of the electorate.
testified
MR. ARENDALL:
No further questions. :
THE COURT:
BY MR. Ml
You may examine him.
: Q ;
old and
REDIRECT EXAMINATION
| in Dalla
BY MR. STILL:
Finished
Q Dr. Cotrell, I have a couple of questions, please.
a civil
Would the Clerk hand Plaintiff's Exhibit number 4 to
ledgue.
the witness, please.
THE COURT: |
! at Alaba
Before you do that, let's take about a fifteen
minute break.
A 1
(RECESS)
THE COURT: 3 2
A with the
All right. Mr. Still, 3
1 A
MR. STILL: 3
186
andidate
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247
al
MR. MENEFEE:
Mr. Sylvester Williams.
SYLVESTER WILLIAMS
the witness, called on behalf of the Plaintiffs, and
after having first been duly sworn to tell the truth, the
whole truth, and nothing but the truth, took the stand and
testified as follows:
DIRECT EXAMINATION
BY MR. MENEFEE:
Q This is Mr. Sylvester Williams, forty-eight years
old and lives at 350 Adams Street, Mobile. He was born
in Dallas County and lived in Mobile County since 1940.
Finished the third grade. He is on a labor committee and
a civil rights committee for the non-partisan voters
ledgue.
He is treasurer of the shipbuilders union and works
at Alabama Dry Dock and Shipbuilding Company.
Is that correct, Mr. Williams?
A That's right.
Q Mr. Williams, how long have you been associated
with the non-partisan voters league?
A Since 1960, around 1960.
TART
Q And when were you registered to vote in Mobile?
A In the late sixties.
Q Prior to that time, had you attempted to register
to vote?
A Yes, I did.
Q About how many times?
A About six or seven times.
MR. ARENDALL:
I object, if your Honor please.
into past discrimination.
THE COURT:
Well, I have told them that since 1950 that there
was a stipulation up until 1950, but I have told them that
since that time -- that is as far as the stipulation went.
Go ahead.
MR. MENEFEE:
I am sorry. About how many times did you try to
register?
A About six or seven times.
Q Would you describe some of those efforts? Did you
go down with other people?
A Well, we went down with other peoples, Moss Johnson
and several others, but we couldn't make it.
Q Were you allowed to take the test?
I think we have gon
168 V
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A Well, we tried to take the test, but we never could
pass,
Q What sort of questions were they asking you; do
you remember?
A Well, it has been a pretty good while ago and it
is hard to remember.
THE COURT:
Was this prior to the voting rights act of 1964 or
'65?
A Yes, sir.
THE COURT:
I will take judicial knowledge that the board of
registrars presented me with a list of questions preparea
and I couldn't answer some of them. They called me and
asked me what were they to do with them -- not what they
could do with them, but did I know the answers and to some
of them I didn't.
MR. MENEFEE:
This Mr. Moss Johnson you mentioned, was he active
in the area in trying to encourage blacks to register to
vote?
A Yes, he was.
Q How did he go about his operation?
A - Well, he Wuld he was working at the yard there
h J
_ 189
—
and he would ask them, you know, to take them down to get
Hl
them registered or to vote,
Q Would he take a bunch of his co-workers?
A You, sir.
Q Was he very successful in this effort?
A Well, he was taken down there, but he wasn't
successful.
Q He kept trying?
A Yes, sir.
Q What was .......
MR. ARENDALL:
What time frame?
THE COURT:
Yes, give us the time.
MR. MENEFEE:
Could you give me some estimate on this time?
THE COURT:
Within a period of time -- did the six times
occur between what years?
A I believe this was in the fifties, I believe.
MR. MENEFEE:
Did they extend into the sixties? Did you attempt
to register in the early sixties?
A We tried it in 1960, but we wasn't successful until
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Q Okay.
THE COURT:
When was the first time ‘and when was the last time?
A I believe it was the early sixties, I believe, the
last time.
THE COURT:
And the first time?
A As close as I can get to it, I believe somewhere
in the late fifties.
THE COURT:
All right.
MR. MENEFEE:
Q Since you have been registered to vote, have you
regularly voted? :
A Yes, sir. Since I have become a qualified voter
I have missed one time voting.
Q When was that?
A This past .......
THE COURT
I don't think that is necessary.
A This past May.
THE COURT:
Let's get on to more meaningful things.
~ 1917
Do you remember demonstrations in front of City Hall
one time in which Mr. Langan, I believe, came out?
A Yes. Mr. Langan.
Q What action did Mr. Langan take, at that time?
A Mr. Langan come out there and asked them what did
they want and broke it up and told them whatever they wanted
or Whatever problems they had to come down to City Hall and
see them and he would get together with them and work their
problem out.
THE COURT:
Again, I express reluctance about cutting off a line
of questioning, but I think this area is fairly well
established and nobody really disputes what happened. If it
comes up, I will let you offer it later.
Just in the interest of moving this case along in the areas where there seems to be no great dispute, let's don
whip it to death.
| MR. MENEFEE:
i Over the years, the non-partisan voters league has
endorsed a fair number of candidates; is that correct?
A That is correct.
Q How do you go about this process candidates come in
and are interviewed? Do you endorse a candidate in every race
A Well, most of it. 193
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Q | How do you make a decision? Suppose you have two
candidates of which are very attractive, very good?
A Well, we have what they call a screening committee,
and the screening committee talks to them and the screening
committee will make a recommendation back to the membership
and what candidate they choose they are what they call picking
the lesser evil.
Q Are you often faced with this situation of picking the
lesser of the evils?
A That's right, pick the lesser evil.
Q Do you think all of the candidates endorsed by the
non-partisan voters league that have been elected have treated
blacks fairly?
A No.
Q Why do you think they may not have treated you fairly?
A Well, in one way, seeing that the County hasn't.
Q Why do you think they don't treat you fairly?
A While the County come in the black community and
promise they are going to do this for them and they give the
blacks red dirt and oyster shells on the roads.
Q Let's see, you were a close associate of Mr. John
|
LeFlore, I believe?
A Yes, sir.
Q Do you know if Mr. LeFlore had, over the years in behalf
-
193:
357
of the non-partisan voters league, written police commissoner
Doyle about problems many times?
A Well, he had written to Mr. Doyle numerous of times.
Q What was the feeling of you and John LeFlore and
members of the non-partisan voters league about the response?
MR. ARENDALL:
If your Honor please, he is being asked to testify
to mental attitudes of a dead man and others and I object to
the question.
THE COURT:
No. What the black community, what their feeling
about it is, and he is familiar with it and his own and I
will let him testify to it.
A Well, Mr. LeFlore, he wrote to Mr. Doyle several times
and...»
THE COURT:
They didn't ask for details. The question was, what
was the feeling?
A We felt like Mr. Doyle didn't give, not only to
Mr. LeFlore, but to the black community, what this -- he
didn't give the black community good representation.
Q Do you remember reading or hearing of statements of
Mr. Doyle being tired of John LeFlore?
A Yes, sir. I believe he said that on T.V. and also
er Er FE TPR 5
194
|
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558
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LeFlore was -- I don't know whether he talked to Mr. Doyle
on this particular incident, but I believe he was trying to
get in touch with Mr. Doyle on this killing incident, this
Cecil McMillan case.
Q Mr. LeFlore had a good bit of difficulty in getting
in touch with Mr. Doyle? ?
A I would say he did.
Q Mr. Mims is in charge of public works and oversees the
garbage workers, I believe?
A Right.
Q Was the non-partisan voters league or you involved in this garbage strike? Did you follow that fairly closely?
A Well, some, we aid.
Q And did you think that Mr. Mims was easy to get in
touch with and deal with on this matter?
A Well, some of the people that worked for the City
say he wasn't.
Q Mr. Mims come into the black community very much?
A Well, he come in there, like most politicians, when
election time comes.
Q Do you see much of him otherwise?
A No.
Q Do you think the City Commission generally treats
blacks fairly?
i495
—— ses [B-
A No. £ a membe
MR. ARENDALL: | 4 of the
No further questions. i
MR. MENEFEE: A
That's all, your Honor. Q
THE COURT: experie
| You may come down. House n
Whom will you have next? A
MR. MENEFEE: Q
Leonard Wyatt. A
Q
LEONARD WYATT : A
the witness, called on behalf of the Plaintiffs, and people -
| after having first been duly sworn to tell the truth, the of thei:
whole truth, and nothing but the truth, took the stand and Q
| testified as follows: | in any «
| A
i DIRECT EXAMINATION 4 |
; 4 House nf
BY MR. MENEFEE: ] ’
Q This is Mr. Leonard Wyatt, forty-three years old, h
& of servi
lives at 473 West Creek Circle in Mobile. He is married and 8
4 hold the
has three children. Attended Springhill College for three 4 Q
years. He was born in Mobile County and has lived here 4
4 campaigr
for the past twenty a TT in the real estate business; 3
i LS0L 565
a sienber of the Chamber of Commerce and board of directors
of the Salvation Army.
Is that a correct statement, Mr. Wyatt?
A That is correct.
Q Mr. Wyatt, would you tell the Court what your political
experience amounts to? Were you a candidate this passed
House ninety-nine election?
A Yes, sir.
Q Have you been active in other political campaigns?
A Not as a candidate, but in support of candidates.
Q In recent years, who were they?
A I have not solicited. I have actively supported |
3, and people that ran for public office in terms of being in fa.or
-he of their candidacy. |
and Q " I see. You have not worked, actively worked, then, |
in any other campaigns? ; |
A No, sir.
Q Mr. Wyatt, why did you decide to run for vacant
House ninety-nine seat? |
A I felt, first of all, the need to render some type
£2, of service to the community. I felt iminently qualified to
24 and hold that position and that is basically it.
mree
Q Give me a ballpark figure of how much money your
= campaign cost you.
=siness;
eo Agr |
366
Approximately four thousand five hundred dollars. >
Q Were you able to go around the community and shake
a lot of hands and pass out literature?
A Yes, sir.
Q Did you make the runoff?
A No, sir.
Q Why had you not sought political office prior to
this, Mr. Wyatt?
A I never envisioned the possibility of winning before.
Q Did House ninety-nine present an attractive possibili
for winning?
A It prompted the possibility for winning, based on
the fact it was confined to a district in which I lived and
in which I could move freely and meet most of the people who
would be voting.
Q Mr. Wyatt, would you consider running for the Mobile
City Commission in the present at large elections?
A I doubt it.
Q Why is that?
A First of all, I would have to be realistic in terms
of the cost factor, the probability of raising enough money
to support that kind of campaign. 3
The money would not probably be forthcoming and the
other thing would be that generally these elections seem to
195°
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get wound up, some how, along racial lines and I would have
to look at the numbers and kind of be overwhelmed by that.
Q Okay, sir. Mr. Wyatt, do you have within the black
community -- there are a number of organizations that endorse
candidates such as the non-partisan voters league and the
voters registration organization that are two of them. Can
you give us your opinion on the influenceof the non-partisan
voters league endorsement within the black community?
A Of the non-partisan voters league?
Q Yes.
A I think they probably affect approximately twenty
percent of the black community. I don't think they are as
effective as they have been. I think their impact on
elections is diminishing somewhat, but they do have some
effect.
Q And how about -- how are the other endorsing organiz-
ations such as voters registration organization, are they
very effective?
A I have no idea. I only heard of the VRO when I
was a candidate and happened to be interviewed by them.
Q Mr. Wyatt, what sort of -- during your campaign,
what sort of complaints and problems did the voters bring
up with you? Did you hear many {ssues raised, community
problems?
199.
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toward ten in terms of going out in the community or they Q
were at the other extreme on being down, being very vocal bearin
against the people in that community, so that generally other
speaking people would have voted whether they had endorse-
ments or not and those votes would have been lopsided. \ you?
Q All right. You are telling us then that you think A
the lopsided vote in ward ten was the product of the indivi- MR. AR
dual choice of voters?
A I am saying that the attitude of candidates when you
talk about ward ten and that point in time I am saying the
attitude of candidates toward candidates in the black BY MR.
community dictated, for the most part, how those people Q
| voted. of the
Q Now, Mr. Wyatt, you have spent many hours in City Spent
Hall, haven't you? Did he
| A Spent a few. | A
| Q You are in the real estate business, aren't you? on wha
| A Yes, sir. That is correct. spre.
| Q You have been down there on many dohtad matters, Q
| haven't you? indica
| A A fou. voters
| Q You have spent many hours with Mr. Mims and you have A
| met with the other -- all three Commissioners, haven't you? within
A All three Commissioners. would
| ~ 200 Lae
a $ 573
hey Q : Never had any difficulty getting access to them,
pal bearing in mind,of course, the fact that they have a few
y other things to do.
re You have ready access to the City officials, don't
you?
rink A Yes.
ydivi~ MR. ARENDALL:
No further questions.
n you
the REDIRECT EXAMINATION
BY MR. MENEFEE:
; Q Mr. Wyatt, Mr. Flannagan received the endorsement
of the non-partisan voters league. Did it appear that he
|
ty spent a good bit of money and waged an active campaign?
Did he run a hard race?
| A He ran a race and spent a good deal of money, based
2 | on what he produced. I have no way of knowing that for
| sure.
Q Does the fact that he ran so poorly against Mr. Buskey
indicate anything about the strength of the non-partisan
voters league endorsement?
have A I would think that there are more independent thinkerp
you? within the black community today than say in the past, which
would have diminished their effectiveness.
TT R01
Q Mr. Wyatt, being in the real estate business, I
suppose you have been around the City a good bit.
Do you have an opinion as to whether or not black
Belghborinods that you have worked in receive less equal
treatment in regard to municipal services than white
neighborhoods?
A I would think that black neighborhoods have received
less equal treatment than whites in terms of parks, playgroun
recreational buildings and so forth.
Q Mr. Wyatt, the access that you have had at City
Hall, was that in regard to real estate matters or in regard
to political matters? :
A Basically, in regard to real estate matters.
MR. MENEFEE:
No further questions.
RECROSS EXAMINATION
BY MR. ARENDALL:
Q Have you ever sought access to the City Commissioners
on political matters?
A I may have. I don't recall a specific thing.
Q In any event, you can talk to them and nobody says
that we can only talk about real estate matters; is that
right?
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A That is correct.
Q If you want to go down there and discuss the
presidential election or the local elections or a political
problem you are satisfied you can speak to Mr. Mims and
Mr. Doyle or Mr. Greenough, aren't you?
A Sure.
Q Now, you haven't really made any study to determine
whether or not there is a reasonable basis for the location
of the various parks, playgrounds and recreational buildings
in Mobile?
A No. IX don’e have to. Making a study would not be
a thing I would normally do. Observation tells me a lot of
things. Observation tells me, for example, that the para
at Sage and Dauphin, for example, is an excellent place.
Observation tells me that the park where Hank Aaron
grew up and played as a boy at Hamilton and is willfully
neglected. It tells me the park in Plateau, which was,
in fact, given to the City by a member of the community is
just now in the process of having something done. I don't
have to make a study to determine what is being done for
one community as to another.
Q You mentioned Sage, Dauphin and the park at -- the
Kidd Park in Plateau?
!
. Sb Ta
575
—+1 3583
Q Mr. Smith, have you ever been to any meeting at the took
City Hall? ;
A No, sir. J
Q Have you ever talked to any of the current City { BY MR
Commissioners? ; Q
A Yes, I have. 1 A
Q Which one? i Q
A I talked with Mr. Mims and I talked with Mr. Doyle. A
Q Is that down in their offices or where? ; Q
A In their office. i OF 86
Q As a matter of fact, you saw Mr. Mims about some A
repairs to Bellsaw Avenue and it was patched afer that, Q
although it wasn't re-paved, at that time; isn't that right? we. A
A He directed me to the working committee or whatever A
they call it. Q
Q " So, you were able to see him when you wanted to fnvol
see him? : A
A Yes, I was. : Y ran
Q And the street got patched, didn't 1t? | : event
A That's right. | i
Q And you have talked with Mr. Doyle about police | : in 19
matters on occasion, haven't you?
A Well, involved with myself. | in 19
THE COURT: coil
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took the stand and testified as follows:
DIRECT EXAMINATION
BY MR. BLACKSHER:
Q State your name and address, please.
A Dan Alexander, 3667 Claridge Road, North.
Q And your present employment?
A I am an attorney.
Q And you are also presently a member of the board
of school commissioners of Mobile County?
A That's right.
Q How long have you lived in Mobile County,
Mr. Alexander?
A All of my life.
Q Would you describe briefly to the Court your
involvement in politics in Mobile County?
A I have been involved in politics for some time.
I ran for office the first time in 1966 for the Democratic
executive committee of Mobile County.
I ran for delegate to the Democratic convention
in 1968.
I ran for the state legislature in 1970. 1I also
in 1970 ran for re-election to the county executive
committee in the State Democratic executive committee.
TARR T
y
205
A In my particular campaigning?
Q Yes.
A Only in '74.
Q ‘And that was when you ran against Mrs. Gill?
A That's right. Along with four others.
Q And in your opinion does the presence of a black
candidate in the race in and of itself inject the racial
issue into the campaign?
A Well, you know, to the point that a black in the
race would normally be expected to get the majority of the
black vote.
Q To the extent of what, sir? :
A That you would normally expect the black candidate
to get the majority of the black votes.
Q And the white candidate would not normally expect
to get much of the black vote, is that it?
A That's correct.
Q What about what opposition to the black candidate?
Would the converse be true in terms of the majority of the
white vote going to the white candidate?
A I think that you can say that a white would be
expected to get a majority of the white vote, yes.
Q Would the Clerk show Mr. Alexander Exhibit 92.
The Clerk is going to show you, Mr. Alexander, a
592
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592 | | 503
i copy of the school board minutes which contain a statement
4 by you concerning this most recent election where you were
¥ opposed by Mrs. Gill.
BY THE COURT:
1 Do you want this on the record?
8
ok | MR. BLACKSHER:
al No, sir.
) THE COURT:
he : Let's go off the record.
the ¢ (OFF RECORD DISCUSSION) |
{ THE COURT: |
é | Back on the record.
an 1 MR. BLACKSHER:
{ Q On page twenty-three of the minutes you say these
sot 1 aren't the verbatim minutes of the meeting?
v A That's right.
t Q Regular meeting of the board of school dorm isioners
ate? i Mobile County. Held in the board room of the Barton Acamdenmy
the | ; Building on Wednesday, October 8th, 1975 at ten, A.M.
| ; On page twenty-three, Mr. Alexander made the following
; comments. He thought it was hard to argue with the logic |
of having single member districts. That it was hard to HI
: with the logic of all the board members representing the
a : same people County wide as opposed to each of the board
gpa pi ~ 207
{
: 1
members representing a smaller area. That obviously : conse
4
Kane Kennedy offered the bill because of the desire to have 5 Q
black representation on the board. The political realism E A
was that a black presently would not win a county wide ¥ THE ct
¥
race in this county, :
EB repre:
You were on public record as taking that position? 4
A If I might explain, Mr. Blacksher, the minutes of : fepre:
; 4 THE WI
the school board, the verbatim minutes, or the verbatim i
tape of the school board is our official record. :
ffi THE COURT: Cit
Is that essentially what you said, Mr. Alexander? Q
: Ed d |
A Yes, that is not a verbatim statement. nes
Mobil
| qQ But that is substantially it?
A
A That is substantially it.
id ; THE COURT: ge
That is the views you expressed? Q
is!
HA Yes. legis
| : :
ii Q You still agree with those views? gone.
A Yes. Clry
A
Q Would you express a similar view with respect to
dates
black persons running in the City wide elections?
A That they can't be elected City wide? 2
A
Q Yes.
E race.
A Of course, the proportion of blacks and whites was §
. R08 i 1
Ei 595
—1—384 i
4 considerably different in the City than it is in the County.
have ¥ Q How different is it?
t sm ; A I am not real sure.
8 THE COURT:
} Assuming there is a thirty percent black voter
:
fon? ¥ representation as opposed to a seventy percent white
#
of £ representation in the City, what would be your opinion?
2
r THE WITNESS: |
u | 3
i It would be my opinion that the blacks would have
§ difficulty winning in the City wide elections.
ar? § Q And you have expressed the view that there is a
A need for a single member districts in the context of
3 Mobile school board, is that correct?
F A I don't know whether I said there is a need, but I |
: said I was not opposed to that view point.
¥ Q All right. Mr. Alexander, are you aware of the :
i
7 legislation that was passed in 1964 that set up a mayor |
“ ;
2 council form of government that could be adopted by the
§ City of Mobile and was put to the voters in 19737
B
o 3 A I am vaguely aware of it. I am not sure of those
%
i dates.
i Q Were you active in Mobile politics in 19647
| A To a very limited extent. I had one congressional
y ]
: race. |
was : -u |
i R09 |
—a 602
A To the best of my ability, yes. 2
Q What percentage of the school children in public 4 BY MR.
schools of Mobile County are black? i Q
A I suspect forty-five percent at this time. 3 oXd.
Q Do you consider that there are in the normal : area.
voter's mind different considerations applicable to the ¢ high s
dus eston of for whom they shall vote in school board elections refrig
from those involved in that determination as to the } fifty-
person for whom they will vote in the City Commission : He is
elections? is a t
A I would think so. There is a lot more interest in A
a City Commission race than in a school board race. THE CC
Q Normally, aren't the school board races fought out
on claims of who is and who isn't very interested in A
school children and desirable of giving them good education MR. ME
and things of that sort? Q
| A Yes. neighkt
Q And in City Commission races hasn't it been the ; A
practice over the years for various candidates to try to ; Q
tout: themselves as good, experienced businessmen, successful ; A
in the management of enterprises and things of that sort? Q
A Along with considerable other claims. 1 A
MR. ARENDALL: | Q
No further questions. i in the
. <10
{
Ln la et a ah ne
¢ DIRECT EXAMINATION
le 1 BY MR. MENEFEE:
£ Q This is Mr. John Randolph. He is sixty-one years
4 old. He lives at 377 Bay Bridge Road in Magazine, Plateau
: area. He is married and has three children. He attended
€ i high school and received a diploma in air conditioning and
lections refrigeration. Mr. Randolph has lived in Mobile County for
: fifty-seven years. He is the owner of Randolph Variety Store.
; He is a trustee for the First Hopefield Baptist Church. He |
$ is a third degree mason.
t in i A That's right.
THE COURT:
out Is your residence in Mobile?
A Yes, sir. |
ation MR. MENEFEE: |
Q Mr. Randolph, at the present time do you have a |
neighborhood civic club or organization? |
.e | A Yes, we do. |
to : Q What is the name of your organization? |
essful f A It's the Plateau Progressive Civic League. |
rt? Q How long has that been in operation?
1 A Approximately two years.
Q I see. Prior to that, wate there other organizations
H in the neighborhood that worked with civic problems? |
ORR |
3 231 Fs ru
3
g
618
of seven hundred feet or are there some instances where it
is greater distances?
THE WITNESS:
Some instances is greater distances.
THE COURT:
Seven hundred feet is the smallest distance? I am
Crying to get a range of distances on the street that do not
have fire hydrants available to them.
THE WITNESS:
I would say it averages around seven hundred feet.
THE COURT:
All right. Proceed. .
MR. MENEFEE:
Q Mr. Randolph, I believe one time you mentioned some
instances to me of drainage problems being so bad that
it was washing bodies out of a neighborhood cemetary there,
do you remember that?
A Yes, it has gotten that bad.
qQ Before you go on, would you tell me when this was
occurring; if this was in the last couple of years that you
had this type of problem?
THE COURT:
How long ago did that occur?
THE WITNESS:
12.
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Oh, I would say within the last three years, I would
say that. Between the last three years. The water that
comes from the Plateau area crosses Bay Bridge and it crosses
the Bay Bridge cutoff. It passes along the line of the
Plateau Cemetary and that is the area that we have been able
-- we have tried to get cleared up when it crosses Tenth
Street. That is where it is cut off and it backs up there
and causes quite a bit of damage to people who live along
that area in that particular spot.
MR. MENEFEE:
Q Mr. Randolph, I believe you also told me that one
of the major concerns of the neighborhood has been the park |
and recreation facilities. Would you describe the his or
behind that problem?
A Well, we were interested in a park, and of course,
there was a portion of land donated to the City of Mobile
for parks. And it has approximately two acres, I imagine,
two and-a-half acres. We felt that that was inadequate to
serve the community. And we consulted the City Commission
on this and we was told to try to find a more suitable site.
Of course, we proceeded to try to do the same. So,
at that particular time we were told that there was approxi-
mately a hundred and twenty-five thousand dollars available
to purchase a suitable site. And of course while we |
Re TT
on
Z13'%
was looking for a suitable site, then we was told that the
hundred and twenty-five thousand dollars had gotten lost in
bureaucracy or something. I don't recall whether they used
that term or not, but it got lost. So we had to stop there.
We had hoped to have some type of recreation that
would give us a year around recreational facility out there
instead of just summer activities and everything is closed
down.
In this particular ward out there, ninety-nine
four, there is approximately ten thousand or more residents
in that area. And certainly a space of one or two or three
acres in our judgement cannot accomadate that many childre
or older people, too, for that matter. That won't give them
the recreational facilities that we require.
Q How long has the neighborhood been seeking these
recreational facilities from the time that you are talking
about?
A We are talking about a period of seven years.
Q Has the neighborhood been active in making requests
to City government to help them with all of these problems
that you have talked about, the drainage, the streets, the
hydrants, has this been a contimuing matter over the years?
A Yes. I am sure the records will show that they have
been consulted. As it relates to these previous --
14
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Q Has there been previous meetings with the City
government and the Commissioners during this period of time?
A Well, I would say there has been a number of meetings
down there trying to get some of these things corrected.
Q Now, do you think that they have treated you fairly
over the years, Mr. Randolph?
A No, I don't think so.
Q What did you get out of these meetings with the :
City government?
AC; Well, as the saying goes a lot of promises at
election time and that is just about it.
MR. MENEFEE:
That is all your Honor.
THE COURT:
You may cross him.
CROSS EXAMINATION
BY MR. ARENDALL:
Q Mr. Randolph, did you live in the Plateau area in
19687 |
A Yes, sir, 1 did. |
Q Did I understand you to say that in the course of
your interrogation by Mr. Menefee that the streets were all
paved out in that area? : |
215° pL
You told that gentleman that, didn't you?
A That's right.
Q Do you happen to know whether the following streets
were not paved as of August 13th 1968; Greens Alley, Woods
Lane, Adams Lane, Jones Lane, Edwards Avenue, Brian Street,
Semmerland Lane, Josie Lane, Wallie Lane, the east end of
Btveids Street, the east end of Summer Street, the east end
of Bay Bridge Road and east part of Front Street?
Were they all unpaved as of 19687?
A I would say so, yes.
Q So, there has been some improvement in street
pavement in that area since 1968 has it not?
A It has.
Q You mentioned improvement in the lighting, too,
haven't you? The lighting?
A Oh, yes, it has been some improved.
Q Now, as a matter of fact you have known Commissioner
Mims for years, haven't you?
A Quite a few years.
Q You have known Mr. Doyle, also?
A Quite a few years.
Q Do you happen to know Mr. Greenough?
A Not as well as I know Mr. Doyle and Mr. Mims.
Q But you have met with Mr. Doyle for example about
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THE COUI
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5 traffic and other problems in the Plateau area, haven't you?
| A I have.
pets 1 Q You have no difficulty getting him to meet with you
yods : and consider those problems, did you?
set, : A No, I didn't.
f k Q You didn't get everything you asked for necessarily,
end : but you were able to get a meeting and consideration, weren't
i
: you? |
| A I was able to get the meeting. |
Q Now, what was it that you asked Mr. Doyle to do that
wasn't done?
A Well, there was one thing in specific that we haven't |
or we are but we haven't -- we have been having trouble with
police protection in that area. We feel like that coverage |
of patrol is too large in order to give adequate protection |
when needed.
oner THE COURT: |
: | In other words, you mean that they cover too large ne
; area? |
A Yes.
’ THE COURT:
You don't mean that there are too many of them out
: there?
t A That's right. |
Py
They cover too large an area. For instance, sometimes
when we call a policeman for that area he could be in what
they call blackjack in Saraland avenue -- in fact I have
called a number of times when my -- especially when my alarm
would go off in my store and I have timed it and sometimes it
takes approximately thirty minutes or more for a policeman
to arrive on the scene.
MR. ARENDALL:
Now, Mr. Randolph, I don't want to interrupt your
account of this, but let me ask you this. Do you happen to
know how the city determines the number of patrolmen to be
assigned to a given area of the city? .
A I don't know that.
Q Then you do not know whether or not they keep
statistics on the incidents of crime and determine the number
of people that patrol that area on that basis? You don't know anything about that?
A No.
Q You just know that you are not satisfied with how long
it has taken and what you consider to be an adequate soverase)
isn't that right?
A Right.
Q Now, as to Mr. Mims. Have you ever met with Mr. Mims |
about any of these area problems that you have talked about?
218
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A We have.
Q When you say we, you are talking about this organiz-
ation that you had?
A Well, yes, I can say we or they --
Q You have had meetings with Mr. Mims before for your Plateau Progressive League was formed, didn't you?
A Oh, sure.
}
Q And you had access to him and consideration by him of
things such as paving and street lighting and so on, haven't
you?
A Yes.
Q And do you happen to know whether the fire underwriters,
|
f
or whatever they are called, were the people that established
the standards for location of fire hydrants?
A No, I don't know that it is required in that area.
Q Now, who is this large land owner that you refer to
out there?
A Meaher.
Q Who?
A Meaher.
Q That's Mr. Gus Meaher's family, isn't it?
A Yes. |
| How many acres do they own out there?
2”
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Well, I would say in the corporate area of Mobile
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county region and this was the survey of Mobile.
THE COURT:
General planning agency authorized by whom?
MR. BLACKSHER:
State law, your Honor. These regional planning
agencies took the place of what used to be councils of local
Sov p Eres They are authorized for planning regions which
are set up here in Governor Brewer's administration and they
generally have representation and get money --
THE COURT:
I just wanted to know from what source it comes.
MR. MENEFEE:
The next witness is Mr. Austin Pettaway.
AUSTIN PETTAWAY
the witness, having first been duly sworn to tell the
truth, the whole truth, and nothing but the truth, took the
stand and testified as follows:
DIRECT EXAMINATION
BY MR. MENEFEE:
Would the clerk hand Mr. Pettaway a copy of
Plaintiff's Exhibit 91.
Mr. Pettaway, take a look at those papers there.
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MR. ARENDALL :
Let me look at this Exhibit 91, also.
MR. MENEFEE:
This is Mr. Austin Pettaway. He is fifty-seven
years old. He lives at 1528 Lincoln Street in Mobile. He
local is married and has six children. He has lived in Mobile
hich County all of this life. He works for the postal service.
they Is that a correct statement, Mr. Pettaway?
A That's right.
THE COURT:
3 Do you Live in Mobile County?
A That's right.
MR. MENEFEE:
Q Mr. Pettaway, have you and other residents of |
Lincoln Street been active in trying to change municipal
11 the | services to other streets for drainage and such? |
the : | A Yes, I have. For more than fifteen years.
k, | Q Have you worked actively with Reverand W. T. Smith? |
: | A That's right.
: Q I believe you mentioned to me a problem of drainage
i | in your area?
4 A Drainage and we also asked for a traffic light. We
1 haven't got a traffic light out there. The drainage is being
i worked on now.
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0 When did they start working on this drainage?
A I would say about three weeks ago or four weeks ago.
Q Pre iis these more than fifteen years have you and
Reverand Smith and others in the neighborhood that with the
City Commissioners and representatives of the City
government?
A That's right.
Q Now, what was the outcome of most of those meetin gs?
A Well, most of them was at this time we didn't have
money for this venture. And then some time it was promised.
Mr. Mims has been out and looked at our street and he promise
and that was it.
Q Do you remember when Mr. Mims came out?
A No. It was three or four years ago, I think.
Q © Would you describe the drainage problem to us, please
A Well, whenever we got a heavy rain the sewer and
all would back up in our yard. It would wash all of the soil
out of our yard and everything. The water in the street
would run up in our yard and wash our yard away.
Q That Exhibit before you, number 91, are those part
of the petitions and letters that you and Reverand Smith
and other residents on behalf of Lincoln Street have
presented?
A That's correct.
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Q You forwarded those on to the city government?
A That's right.
Q Do you think that the city government has treated
Lincoln Street fairly over these fifteen years or more?
A No, I don't.
Q Why do you say that?
A Because when they say that there is no money available
and other ventures were being done. Our street was still
there.
Q Do you know how big a paving venture this is, how
much money is jriolved?
A No, I don't. But they say it will cost twice as |
much as it would if they had gone ahead and done it when we
first asked for it.
Q How long have you heen making this request of the
city? |
A ‘Over fifteen years.
Q If I suggested a figure of about thirty-five thousand
dollars for this venture, would that sound reasonable?
A I couldn't say offhand.
MR. MENEFEE: |
| Your Honor, we move the admission into evidence of |
Plaintiff's Exhibit 91, the petitions of Lincoln Street group,
THE COURT:
Zed.
cost of assessment for it?
A No, sir, that's not fair, that's not right.
Q You say it's not a fact that quite recently has your
group been willing to stand any assessment for this work?
A I told you what we all realize that we had to pay
an assessment. We realize that,
THE COURT:
Were you willing to?
THE WITNESS:
We were willing to.
MR. ARENDALL:
Q Now, was Mr. Langan sympathetic to your- problems
out there?
A He came out after one of the rains and saw what
kind of condition it was in.
Q But he didn't get the work done for you?
A No, he did not.
Q Are you telling us that Mr. Langan did not get that
work done for you even though you were willing to stand the
A No, he did not.
Q Did you tell us that at that time, you were willing
to pay the assessments to get the work done that Mr. Langan
wouldn't do it?
A No, sir, he did not do it.
ed
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vr THE COURT:
s your + What he really wants to know if you are willing to
rk? : pay the assessment?
Say ¢ THE WITNESS:
: That's right. We were willing to pay the assessment.
(3 MR. ARENDALL:
; Q Mr. Pettaway, I hand you an Exhibit which has been
1 marked as Defendant's Exhibit 81. I call your attention to i
the fact that the top letter on this is dated September 22, |
: 1974, that is the juris to the Honorable Earl Joiner of the
ems : Public Works Department., City Hall.
i Were you a party to that petition referred to in |
4
§ that letter? |
3 A I am not sure.
He Q Can I call your attention to what appears to be your
4 signature on the second page. Is that your signature? |
that 3 A That's my signature. |
the § 0 And that seeks improvement in your streets out thers. |
| doesn't it? |
| jn A That's right.
ling { Q Now, I call your attention to a letter of November 1,
ngan 1974, from Mr. Nickel senior engineer to Mr. Joiner, in which
: he refers to a cost estimate of lowering the existing
| street and providing new jointed system, curves and gutter and
. -
or bre |
3
l
646
pavement estimated to cost forty-two dollars per lineal foot.
Were you advised of that?
A Yes, I was.
Q That is a breakdown of how the cost is computed, is
it not?
A That's right.
Q Now, I call your attention to a letter addressed to
Mr. Joiner by Richard Smith, City Clerk, in which Mr. Joiner
is advised that the board € commissioners have asked
Mr. Joiner to tell the interested parties that the matter has
been considered by the commissioners and that he, Mr. Joiner,
is authorized to obtain additional information about the
matter. Did Mr. Joiner tell you that?
A No.
Q Nobody from the City Hall ever told you that the
commissioners had asked any one to go get additional infor-
mation?
A No.
Q Then on November 7th, a letter from Mr. Richard Smith
to Mr. T. K. Peevey, Public Works director.
MR. BLACKSHER:
November 7th of what year?
MR. ARENDALL:
Nineteen seventy-four.
26
CA
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Linco]
privat
correc
are nc
Strees
A
ir BU... i mend Sr i ie A ib Ph 1 647
foot. § Advising, Mr. Peevey quotes, ''The board of
| commissioners in conference, November 5, 1974, reviewed the
] estimate you submitted in the amount of thirty-six thousand
is : five hundred and sixty-six dollars to rework and lower
Lincoln Street from Stone Street to Dunbar Street."
: "The Commissioner requests that you advise the interedted
l to private property owners. The city will not be able to
viner i correct the situation at this time inasmuch as the monies
: are not available in the city budget."
r has Did Mr. Peevey so advise you? |
viner, A No, I didn't get that. |
Q Did you understand that the question was money and |
all you had to do was say that we would stand in assesc<ment
and they would do it?
A No, I didn't get that understanding. |
or- 3 0 All right. Here is a letter dated November 13, 1974)
] | from Mr. Joiner, of the Public Works Department addressed |
} to Reverand Smith, he is the one you were working with? |
Smith| A That's right. |
| ¥ Q Re: Lowering and repaving Lincoln Street.
, You observe a reference there to repaving Lincoln |
h Streen?
| A Yes.
) Q Do you know of any reason why Mr. Joiner would have
oi I ZT |
;
648 |E—
|
talked about repaving if it had never been paved? Street
A I don't know why he stated it but it has never been 1/13/7¢
paved.
Q And Mr. Joiner then did as he had been {hstrusted to 1 fact ti
do. Referred the cost of thirty-seven thousand dollars and ! indeed
the unavailability of funds? ] agree
A ; That's right. 1 A
Q I want to call your attention to a letter dated remembe
October 27, 1975, from Richard Smith to James T. Chaplin, : THE COl
assistant engineer. Saying, 'The board of commissioners
this day and meeting with the delegation of Lincoln Street THE WIT
instructed you to proceed to initiate a paving improvement |
venture for Lincoln Street as soon as possible." MR. AR)
Were you informed that that action was taken?
A Yes, I was. | A
THE COURT: | q
What was that date? || back at
MR. ARENDALL: i A
October 27, 1975. | { MR. ARF
THE COURT: i
That was in authorization to proceed with work? Q
MR. ARENDALL: other
Yes. back ir
Q Now, there is a notation up in the top, Judge. Lincoln 1 A
_ R28 i
i
een
-d to
and
.Ancoln
649
Tho
n.
BIR
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Street paving improvement venture number one eighty initiated
1/13/76.
Now, Mr. Pettaway, I ask you again if it isn't a
fact that between November of 1974 and October of 1975 and
indeed only shortly before October of '75 did you people
agree to send assessments for having this work done?
A I don't remember no one kicking on it. I don't
remember no one kicking on the assessment.
THE COURT:
Do you remember an affirmative agreement?
THE WITNESS: No, I don't.
MR. ARENDAIL:
And you do expect to be assessed, now?
A That's right.
|
i
q And you didn't expect to be assessed in the negotiations
back at any time before that, did you?
A I did, and I think the group did.
MR. ARENDALL:
I offer this Exhibit.
Q Mr. Pettaway, you have referred to the facts that
other areas in the City were paved since you started talking
back in 1961 to the city commission?
A That's right.
FARES Mae ye i : —29
—t650—
Q And the time that you actually got it? E
Do you know the circumstances under which that other i THE WIT
paving was done? Whether it was on an assessment basis or it
: 3
by some dividers who were paying for it themselves or MR. ARE
otherwise? :
g
A No, I do not. All I saw was that the paving venture 4 MR. ME!
§
: hy |
wag going on. 1}
MR. ARENDALL: : : THE COL
| No further questions. : y
| 5
MR. MENEFEE: i
No further questions. MR. MEI
MR. ARENDALL:
| -Judge, I overlooked the traffic lights.
Do you know what the procedure followed by people
where people want traffic lights?
A No, I don t. But I was sent to Mr. Bradford.
the tn
Q It is checked into by the traffic engineer at
|| the st.
City Hall, isn't it?
A I was sent to Mr. Bradford and Mr. Bradford is an |
engineer, wasn't he? p BY MR.
x Q
Q Right. He makes certain tests such as volume of )
i | She 11
traffic and number of wrecks and that kind of stuff to determine |
% Mobile
whether or not a traffic light should be put in . il
THE COURT: 1
- Ya | high s
_ R30 E13
#
ween lS 0 eee 1©O1
3 ‘Did he advise you of those things?
“her : THE WITNESS:
=T 4 Yeah, he did.
| MR. ARENDALL:
: No further questions.
ure { MR. MENEFEE:
5 ‘No further questions.
; THE COURT:
: You may step down.
Who will you have next?
MR. MENEFEE:
Mrs. Mable Dotch .
|
MABLE P. DOTCH
. the witness, after having first been duly sworn to cell
the truth, the whele truth, and nothing but the truth, took
| the stand and testified as follows:
DIRECT EXAMINATION
\ BY MR. MENEFEE:
{ Q This is Mrs. Mable P. Dotch . She is sixty years old.
: \ She lives at 2529 First Avenue in the Trinity Gardens area of
“ermine
A Mobile.
She is a widow and has fourteen children. She atténded
Cal 2 | high school. She has lived in Mobile County all of her life. |
ina ~ 23 Spe
el a pt fe a 2
4
your community? Q
A Well, we have poor drainage. At one time they did H A
put in some drainage. . they
THE COURT: | sis MR. b
What he wants you to do is tell how it affects where Q
you live. ; 3 A
THE WITNESS: : : Q
Oh, its bad. ; ; Trini
THE COURT: : A
Tell us what you mean by bad. -~ WE
THE WITNESS: open
When it rains, it gets up and floods the street. You Q
| have to wade down the street if you want to cross it. Cars reque
| get stuck. First Avenue and Jessie Street flood too, and the prob]
| water stands there so that if a car on Jessie Street will A
| drown out. Q
I THE COURT: it gc
Mobile has a general flooding problem. How long does iA
the water stand after these tremendous downpours that we have} t | were
| A They stand for hours hecause I have a business on : THE C
| the corner and water comes in there and we have to close. |
| THE COURT: A
Water comes inside the building? Q
I A Yes. Bi A
fis oF
did
where
» havef
656
—
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.
Q
Q
A
they don't come inside of mine.
What about the homes?
Some of the people's homes, the water comes in but
MR. MENEFEE:
Q Is this always a problem in the Trinity Gardens area?
A Yes.
Q How i8 water carried away? Is there big ditches in
Trinity Gardens?
A Yes, we have large ditches. And some of the ditches
-- we have some pipe in some of the ditches. Some are still |
open with no drainage pipes in them.
Have you and other people in Trinity Gardens been
requesting che City Commission to help you with this drain-2-=
problem?
A
Q
L]
Yes. |
How many years are we talking about, Mrs. Dotch? Is
it going back to the fifties or the early sixties?
A Yes, its' going back a long time. Ever since we
were incorporated in the City.
THE COURT:
How long has that been?
I can't say.
MOre than ten years?
I can't say exactly when.
233
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684
DIRECT EXAMINATION
BY MR. MENEFEE:
Q This is Mrs. Janice M. McCamts. She is twenty-
two years old. She lives at 959 Ghent Street in Maysville
area of Mobile. She is single and she has attended three
years of college. She has lived in Mobile all of her life.
| Is that correct, Mrs. McCamts?
A Yes, it is.
Q Miss McCamts, have you been active in the neighborho
organizations dealing with, I believe, traffic and some
drainage problems?
A . Yes, not only that, but it's other things that
are happening in the community that shouldn't be.
THE COURT:
What community is that?
A Maysville.
THE COURT:
Ma'am?
A Maysville.
THE COURT:
Now, gentlemen, can you tell me where that part of
Mobile, Maysville, is?
MR. BLACKSHER:
That is behind the Ladd Stadium, roughly.
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THE COURT:
That would be more or less in the southern part.
All right.
MR. MENEFEE:
Q Miss McCamts would you describe the traffic problems
that you have been dealing with?
A We have been having trouble with the company that
has been of the area for some years. I believe it's over
twenty something years. They are a hazard to the neighbor-
hood because we have children all around there. There is a
school zone right there in the neighborhood. That extends for
|
a couple of blocks that the schools are in. This truck
‘ ; |
company is right there at the corner of my street. Thereioure
they use my street and other streets in the area for traffic
{
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going to their business. For loading zone and carrying out |
|
i
and bringing in, you know, that type of business.
Q Have you or other members of the organization |
attempted to contact the city government to see if they would
help you alleviate this problem? |
A Yes, we have. We have gotten up petitions asking |
for help to prevent this hazard to the community. As far as|
disturbance or parking area and of course speed of the
trucks and the loading. The loading is so heavy that we have
had this particular thing that happened. A truck that had |
eee ian rm eee ee
35 |
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686
this accident on the street that was turning over. The child
had just gotten out of school, so therefore any child could
have gotten hurt and any matter. Because of this lumber that
was falling over on the side in people's yards and everything
The trucks are falling over -- I mean the lumber
falling into the drainage which did happen, too. Because
the drainage -- we have a problem as far as streets are
overflooding because the drainage isn't properly -- whatever.
But, anyway, we have no sidewalks. When you are
going to and from school or your place of business or home
or to the store, you don't have anywhere to walk,
As far as the cars coming by when the streets are
flooded and spill water all over every one by speeding throug
the streets, you know.
Q How many schools are there in your neighborhood?
A How many?
Q Are there several, would you name some?
A Yes. There are Williamson High School that is right
next to a track which is a big ditch there. 'The railroad
track is right there and it doesn't have sufficient lighting
or warning of the train that is coming.
Also cars have fallen in that ditch.
It is so deep that it can hold a whole car.
Around Williamson High School, there is George
ren
236
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» children ! Hall Tlementary High School. We have another one a couple
ould : of blocks or so the other way, west, I believe.
r that Q The second one you mentioned was George --
“ything | A George Hall Elementary.
a : Q There are quite a few children in the neighborhood
18e ; in these schools?
> | A Yes, there are many children in the neighborhood.
atever. g ; There are still children in the neighborhood that haven't
re | reached the age of one year of age.
nome i Q And in your attempts to contact the city government |
i have you been able to suggest an alternate route? |
RYe ; A Yes, we have. We suggested a route. We drew to |
through 5 their attention what would be better for them and building. J
‘ They are expanding so much. The ground that they are holding
d? i is pathetic. The houses in that area -- you can't sit on vib
? porch. There wasn't -- there is a hazard of dust all over |
; the furniture. You can't open doors or anything. This kind
right | | of thing is hazardous to your health as far as children as
oad | | [welt |
ghting i | Q Is that a result of large trucks stirring up the
| dust? !
: A Right. Also, at one part of the intersection in the
street they put a sign there for no parking for the cars.
Wherefore, their trucks can get through there and go to
|
fom mie 688
their grounds. t -= br
1 Q I see. So, the city put up no parking signs? : clea
A Yes, at a corner so that no cars could park where b there
their trucks -- and those trucks make that big turn there j This
so they can go into their ground. . § Q
The schools are right there in that ares. There : situs
are children right there in that street where they are making i A
| that big turn. : "done
! They are coming all times of the night, every day, they
all night long. No matter whether it is the weekend or week s
not. ‘Sac. these people ~-- these people don't have to stay 4 Q
| in this area. : iE A
Q You mean the company? i has a
| A Yes. 4 " th
| Q Is this Government Street Lumber Company that you are k | hole
I spraking of? 1 ‘the s
i A Yes, Government Street Lumber Company and that -- Lr work
there is this ail company next to it. That whole area -- So, t
| it was ~-- it was packed off with trucks and trailers and | | you h.
| whatever. It's a hazard because you can't see around the | busin
corners.
: There is dust and there is grass growing up so high. i Q
I They haven't even taken care of it. As far as -- I don't ' i sidew:
know about the city -- grounding the area -- what they call : | along
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~ clear this stuff themselves. Anything that comes out of
there as far as animals and snakes and this kind of thing.
This is the weather that they will come out.
Q Has the city government done anything to help the
situation?
A No, they haven't. The only thing that they have
dotie =~ they ignore what the traffic. Even though -- well,
they have one truck that comes through apprdximately two
weeks in a month they clean the sidewalks. Therefore, --
Q The sidewalks?
A Yes, the sidewalk. The streets are torn apart. It
has a child going out playing in the streets or going out
in the street they could easily get their foot caught in a
hole in the street. Whereas these trucks has breaking in
‘the streets and the City might go in and do some kind of
work along in the streets and just- patch the streets up.
So, the cars would have no way of running so long because
you have problems with the cars having to carry them to a
business to get them fixed. All of this kind of thing.
With the drainage and this kind of thing.
Q I am a little confused, Miss McCamts. Is there
sidewalks in this neighborhood, or. int? You said they come
along and clean the sidewalks?
689
239
MORNING SESSION
July 19, 1976
THE COURT:
All right. Whom will the Plaintiff have?
MR. MENEFEE:
Clara Ester. :
CLARA ESTER
the witness, having first been duly sworn to tell
the truth, the whole truth, and nothing but the truth, took
.
the stand and testified as follows:
DIRECT EXAMINATION
BY MR. MENEFEE:
0 This is Mrs. Clara Ester, twenty-eight years old
and lives at 705 She is single. Fisher Street in Crichton.
She has a B.A. Degree in elementary education and has lived
in Mobile County for six and-a-half years. She is presently
employed with the Dumas - Westley Center, a neighborhood
service organization funded by the United Fund and the
Methodist Church that operates in the Crichton neighborhood;
is that a correct statement, Mrs. Ester?
A Yes, it is.
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Q Mrs. Ester, in our previous conversations you have
p'clock, described some of the drainage problems that are common in
the Crichton neighborhood, property erosion and such. Would
you tell us the types of problems the neighborhoods in the
Crichton neighborhood experience?
A Well, even before I came to Mobile I heard, after
arriving in the City of Mobile and working in the Crichton area, that several homes were on the edge of the creek and
each rain flow the erosion is like falling into the creek
ell where homes, at this point, are getting closer and closer to.
took the boundary point. |
A lot of home owners are fearful and even people
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Other problems have been one case we worked on and |
| reported to the Board of Health was menigitis where a family |
that lives above the creek, all the children were ill and
the board of health indicated that it was probably from that
creek area that this disease was being carried. Rats are hood | always in the creek and mosquitoes and kids are in and out
ood;
playing in it and slip and fall into it. About four years ago we talked to Mayor Mims about fencing in the creek or |
25
|
putting some type of piping in to close the creek up to
prevent any more drownings or diseases that the creek is
creating in that community. He indicated to about twelve
people, I guess, in his office that they could not baby sit
by putting fences up. They couldn't send people out to watch
the kids and prevent them from getting into the creek. We
felt it was a minor thing to fence the area up.
Q Have there been any major improvements in the
situation?
A No major improvements. They have been out to --
maybe twice to clean it in six and-a-half years.
Q You also described once to me a request, I believe,
for an alternate route or rearranged route with the bus
service to assist some elderly citizens in the neighborhood.
What was the problem that they faced?
A Well, the Toulminville bus comes up Mobile Street
and, in the past, it used to turn on Nall Street and go to
Bay Shore Avenue, coming back north and then circling back
around to the Toulminville area. Senior citizens in the
area would have to walk from Nall Street up at least four
blocks and then up an incline to get to Springhill Avenue
to catch any type of bus to take them to town. There are so
many old people in the Crichton community that it became a
very serious problem for them with heart conditions and other
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A It is in the area of Liberty Park which is also
-in Crichton.
Q Does the Crichton Optimist Club have use of that
park or that area?
A To my understanding they do, right.
Q In the recent past, has the Crichton Optimist
Boy's Club been segregated?
A Up to about two years ago. We have had kids to go
up to join because it was where we considered closer, as
far as recreational facilities. They were denied the
opportunity to join there, but was told if they went to
Davis Avenue, they could become members of the Boy's Club
there.
Q Has the Boy's Club operated a lunch program during
the summer in the past?
A For at least four summers that I was aware of,
yes.
Q You described to me previously the situation of
black children not being able to obtain lunches on an equal
basis with white children.
Would you tell me about that, please?
A Well, number one, they wouldn't be allowed in the
building any way, and the lunches that were left over that
243
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711
the white kids could not consume during the day, that had
to be eaten or was spoiled, they would be set out on the
curb. I don't know if they were set out there for the black
kids to eat or set out there for garbage, but yet the black
kids would easily go to that area and get them a lunch and
go home.
Q This Boy's Club on Rice Street is now used as a
voting center?
A Right.
Q And it serves the Trinity Gardens area, also, I
believe?
A Right.
Q Would you describe some of the difficulties for
citizens getting from Trinity Gardens over to the voting
place at the Boy's Club on Rice Street?
A They would have to come down St. Stephens Road
and possibly pick up the Toulminville, Allison bus and get
off at Cotton Street and, at that point, have to walk twelve
blocks or so to get there. When I have been at the polls at
six- o'clock taking people from Crichton, people to vote,
several people from Trinity Gardens have walked up to there
at six-fifteen and they would not get the freedom to vote,
because of the hour situation.
Q Prior to the Trinity Gardens citizens voting at the
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Boy's Club, did they vote in their own neighborhood?
A Yes.
Q At the Trinity Gardens School?
A Right.
Q So, thereafter, would you say that it was very
difficult for a citizen of Trinity Gardens, if they don't
have private transportation to vote at the Boy's Club?
A I would say that it is very difficult.
Q Are there many sidewalks in the Crichton neighborhoc
A Probably you could count them on one hand. There
is not a whole lot of sidewalks in the area, no.
Q Why are sidewalks important in yout net ghborhoad?
A Number one is because kids that are growing up
in that community are basically from low ineome families. |
They don't have adequate transportation to transport kids
to other parks like Municipal or other parks that are,
you know, surrounding them. So, the kids play in the street]
a great deal, which is not to any degree a safe situation. |
Even Mobile Street is a very busy street. That is
the street the amublance goes down, as far as going to the
University Medical Center. So, the kids had to play with
no place to ride bikes and they end up in the streets all
the time.
1 feel that it is a dangerous situation. If the
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sidewalks were available, the kids would be in a little
safer area. There is no basic recreation for them where they
can walk comfortably to a program.
Q In a neighborhood such as Crichton is there also
a good bit ~-- neighborhood interchange and foot traffic
by the citizens?
A "Yes. People walk all the time. People sit on the
porch and communicate with each other. This is their
livelihood. This is basically all they can afford to do.
Q Have most or all of these problems been called to
the attention of the city government?
A The majority of them, yes. :
Q Over a period of time, several years or more?
A I would say for the six and-a-half years I have
been here.
Q What sort of response have you got?
A Well, they send someone out to clean the creek
during election time. You have a lot of city trucks in the
area looking around. The basic problems that have been
indicated to the city have not been solved.
Recreation is still not in the Crichton community.
The creek problems are basically there. They may have come
out and cleaned the creek, yet the same type of situations
are going on, menigitis, kids falling into the creek and
713
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houses in danger of their homes being washed away and so the
problems are still there.
Q Have you ever met with members of the City
Commission?
A I have met with Mr. Mims as well as Mr. Greenough.
Q Did you have a great deal of difficulty speaking
with these commissioners?
A The one occasion that I met with Mr. Mims, the
difficulty was the fact that we had brought several people
from the community to speak with them, and they found it
a big problem to seat every body. We felt like if people
could come in the room and stand that was important that
they hear what he had to say about the issues that they
brought to them. He did meet with us, yes.
Q You have certainly been in other parts of the City.
Do you think your neighborhood has received equal treatment
with white neighborhoods?
A No, 1 do not.
Q Would you describe the racial make-up of the
Crichton neighborhood?
A I world say Crichton, at this point, is probably
sixty - forty with the majority being black.
Q And are those doncentratad in certain areas or
particular areas of the Crichton neighborhood, the blacks?
R47 -
26K
BILL ROBERTS § House
the witness, after having first been duly swern 4 presen
to tell the truth, the whole truth, and nothing but the truth, i Q
took the stand and testified as follows: i A
2
DIRECT EXAMINATION ii is pre
BY MR. BLACKSHER: i Alaban
1 qQ State your name and address, .please. 4 that t
i A Bill Roberts, 148 Tuscaloosa Street, Mobile. ; A
Q How old are you, Mr. Roberts? kd number
A Thirty-five. ig really
Q What is your present employment? i
A Vice-president of Cogburn Nursing Home. hasn't
Q How long have you resided in Mobile? I will
A Thirty-five years. number
| q That is your whole life? Q
A That's right. ¥ propos
| Q What elective office do you presently hold? A
A State Senate district thirty-five. ; a peti
Q That is the State of Alabama? ? City c
A That is correct. : the cc
Q Would you briefly describe your history of involve- i on the
ment in politics in Mobile County? . the Ci
1 A In 1970 I was elected county wide to the Alabama i ment .
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House of Representatives and in 1974 I was elected to my
present position in the Alabama Senate.
Q You ran in the Democratic primary?
A That is correct.
Q Senator Roberts, you are the sponsor of a bill that
is presently pending in the Senate of the legislature of
Alabama that concerns city government in Mobile. Waat is
that bill number?
A The bill number is -- you know, I forgot the bill
number. We have something like thousands of bills. 1
really don't know, right off the top of my head, what it is.
The reason that I don't know what it is, there
hasn't been a great deal of action on the bill recently.
I will have to check. I really don't know what the bill
number is.
Q Would you describe, please, what this bill
proposes to do with the city government in Mobile?
A Well, essentially, it would provide, based upon
a petition and a public referendum, it would provide the
City of Mobile with a mayor-council form of government and
the council would be made up of nine members. It is based
on the -- essentially, the same legislation that provides
the City of Birmingham with a mayor-council form of govern-
ment.
<49
728
Q This would be a form different from the mayor
alderman form presently contained in the general laws of
Alabama?
A That is correct.
Q You would have a mayor running at large, correct?
A That is correct.
Q | How would the council members, the nine council
members, be elected under your bill?
A Seven of the council members would be elected from
districts and two of the council members would be elected
at large, city wide.
Q Mr. Clerk, would you hand the witness exhibit
62, and Plaintiff's Exhibit 63, please.
May it please the Court, Plaintiff's Exhibit 63
is a summary prepared by Mobile United of a debate that
occurred there on May 28, 1976, I believe; isn't that
correct, Mr. Roberts?
A That is correct.
Q In which Mr. Roberts participated with Mr. Ed
Thornton and Professor William J. Harkins.
Mr. Roberts......
THE COURT:
What number is that?
MR. BLACKSHER:
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Sixty-three. Would you tell the Court two reasons
that you have introduced this bill?
A Well, basically, the two reasons -- the major reason
is that, in my own opinion, the mayor council form of
government is a better form of government. I say that after
having served almost two years now as the chairman of the
local government committee in the Alabama Senate. So, I
have become somewhat familiar with forms of muncipal govern=
ment and I think that, of course, there are advantages and
disadvantages to the various forms.
|
|
In my opinion, the strongest form is the mayor- |
council and I think this is probably indicated by the fact |
that a majority of the cities in Alabama have this foru o-
government and over the last ten years they have been Poving)
toward this form of government and this situation also
exists on a national level.
The second reason is I feel, under the present
form of government, the commission form of government, the
individuals or all segments of the city do not have an
opportunity to be represented. So, I said at the Mobile
United meeting and I repeat again that this bill will give
wider representation, in my opinion, to the various segments
of the city than the present form of government that we have
had.
251
Q How would it accomplish better representation?
A Well, under the present system you have three
commissioners that run city wide, that run at large, and
under the mayor council you would have a mayor that would
run at large and you would have at least seven councilmen
that would be running from districts. I think it is
quire obvious that you would have more individuals involved
in mmicipal government than you presently have, although
they would be involved at a different level than you have
now.
It would be an executive - legislative situation,
whereas, at the present time, you have, whichever way you
want to look at it, either an executive or legislative
situation. You do not have the checks and balances provided
by a legislative - executive arrangement.
Q Why have you proposed that two of the council
members run at large in seven districts?
A Well, hasically, two reasons; one, is that I would
hope that this was something that I hoped that with certain
established members of the community would be -- find more
acceptable, and the second reason, would be that having
experienced the districts......
THE COURT:
When you say more acceptable, you mean make it
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easier to pass?
A That is correct.
THE COURT:
All right.
A The situation that we have in the legislature, we
have had some difficulty in that in running from districts
that the legislators have had a tendency, in some instances,
to be concerned just with their particular district and the
interests of their district and so I felt that by providing
two councilmen, at large, that any discussion that took
place on the counell regarding various municipal issues
that these individuals could provide some balance.
An individual, for example, with a district,
concerned with a project just in his district or a situation
that exists in his district, there would be at least two
members on the council to provide the prospective of looking
at it from a city wide point of view.
Q Was there any other city's modeled like the
mayor council form that suggested this seven - two council
to you, or is that your own idea?
y A That is my own idea. To my knowledge, I do not
# i know of any cities that have that arrangement.
5 Q ~ Now, on the question....,
i THE COURT:
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732
To that extent, it is different from the Birmingham 4
.
plan?
; of citi:
A: That is correct, your Honor. HE coy
MR. BLACKSHER :
Q The question of why the representation was debated ME. BM
on this occasion at the public forum of Mobile United; is
that correct? Q
A That is correct. : Te oon
Q I believe that the person, Mr. Thornton, who was
opposing your bill made the point that the present mayor, MR, BLM
city commission form of government, protects majority control; Q
is that correct? this de
A He made that statement. That is correct. bill. wa
Q And in fact, I believe Mr. Thornton said that among A
: the bill
those who favor minority rule we have only Federal judges
and the present delegation from Mobile County; is that introduc
earlier,
correct?
| A He made that statement. That is correct. the bil}
MR. ARENDALL: the sfas
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If your Honor please, aren't we getting into the BLE je
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rankest kind of hearsay? gental
THE COURT: its ves
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Well, if this is a debate before the legislature.
; ]
MR. ARENDALL: I jot the
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| No, sir. Before the Mobile United, a local group
of citizens,
THE COURT:
Well, I think it is totally irrelevant any way.
MR. BLACKSHER:
All right.
Q Mr. Roberts, haven't you....
THE COURT:
It is argumentative. Go ahead.
MR. BLACKSHER:
Q Mr. Roberts, haven't you also said publicly, includij
this debate, that one of the reasons you introduced this
bill was the pendency of this law suit?
A Yes. I do feel that -- I did originally introduce
the bill for that reason. I intended for sometime to
introduce the bill, because of the two reasons I stated
earlier, but it was after that I had decided to introduce
the bill that I became aware of the law suit. I did make:
the statement that I felt that too often in Alabama, on the
State level, particularly, for example, the prisons and the
mental health situation, that the legislature has not met
its responsibility and in those situations the courts have
moved into that area because of the lack of responsibility
of the legislature.
2:4
$
[3 PAT
I have stated on a number of occasions we obviously
do have a problem here, in my opinion, and we do not have
representation in all areas of the city and, for that
reason, I introduce the bill and then I became aware of the
law suit.
Q Now, Mr. Roberts, it is a fact, isn't it, that the
1964 or '65 bill or act that set up the optional form of
government concerning which there was a referendum in 1973
differs from your present plan in that the former system had
a weak mayor council system and also provided for the council
to run at large and those are two major differences in your
bill; isn't that correct? :
A Those are just two, but there is no comparison
except in name. There is absolutely no comparison between
the bill that the legislature passed in 1965 and was voted
on in '73 and the bill that I am proposing. There is
absolutely no comparison.
Q Is it a fact that you have proposed that some of
the council members run out of single member districts in
order to provide minority groups in the city a better
opportunity to be represented in the city government?
A That is correct.
Q Is it fair to say that since you have been
associated with the Mobile county legislators that they have
296
734
unders
and to
be nec
we ran
six of
vicini
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that,
enac tm
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1 785
AR 734 =
vasiy ] understood that in order for blacks actively to be represented
io 3 and to be able to elect candidates of their choice it would
1 be necessary for there to be single member districts?
rhe 1 A Are you referring to my experience with the legisla-
i ture?
the : Q Yes.
. ¥ A Yes. When I served in the House of Representatives
373 1 we ran county wide and there were ten members of the House,
% had 1 six of them were attorneys that lived within the immediate
Suneil § vicinity or the Base neighborhood. Now, under the district |
iy : ‘situation, which I didn't particularly care for the plan,
¥ but nevertheless, we had districts and we have a wide range.
3 We have an individual who is an owner of a cleaning estaniisn-
oa & ment. We have a man that has been involved in service statioh
cad 4 work and auto repairs. We have, I think, a black attorney,
£4 a young white attorney, and so we have a wide range of
§ individuals that are involved in the legislature now that
So 5 wouldn't have been involved in years past. So, in that
'n & respect, legislative re-apportionment has been good, in my |
Eo opinion. |
A Q At the end of the Mobile United debate you said
that, in answer to the question were the prospects for the
: enactment of your bill not too good, from slim to none, but
Hate ¢ the bitl right now is being held up in committee by one
Embers: + IE a |
senator and is that still the case, Senator Roberts?
A That is the case, to my knowledge. As you know, we
have been in recess for one week and unless......
Q That one senator is Senator Perloff?
A That is correct.
Q Has he told the delegation why he is holding the
bill up?
A No. He has not, not to my knowledge.
Q Do you have any idea?
A Yes. I have some idea, but I cannot prove that.
Q It would be hearsay?
A It would be hearsay; that is coriect but I know why
it is being held up.
MR. BLACKSHER:
No further questions.
THE COURT:
You may cross him.
CROSS EXAMINATION
BY MR. ARENDALL:
Q Senator, there has been some testimony here that
Mr. Buskey would have beat Senator Perloff for the position
in the State Senate three hundred votes that had been cast
y In other words, if
736
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did yo
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A
did, be
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city.
be elec
those b
Q
736 - | 738
governments throughout the state and perhaps the history
’. we § of Mobile home government under a mayor aldermanic form,
1 did you not?
1 A Yes. I centered most of my studies on the Birmingha BH
situation and the Montgomery situation, because they were
” the ones most comparable with Mobile. Q Is it fair to say that one of the big problems that
you found with the mayor council form to have was that of ! interference by members of the council in the day to day
affairs of the municipality?
A That is why I wrote the bill in the way that I
w why did, because -- let's take, for example, the one we are
all familiar with, the city of Prichard. It has a weak
mayor. There are areas where councilmen can and do interfere!
and involve themselves in the day to day operations of the
city.
Under the bill that I have proposed, even if they
go or approach a department head, without first going through
the mayor's office, they can be removed from office. Q What are other differences?
¢
A The other major difference, the council people would
be elected from districts and I understand from '63 or '73, those bills, that that was at large.
Q I understood you to say, senator, that you patterned
<59
your bi11 on the Birmingham bill. Does not Birmingham have
a council where all the members are elected at large?
A That is correct. And I have a letter from Mayor
Vann recently where he stated that this was going to be a
problem for the City of Birmingham. He felt that this was
definitely a strengthening of the bill to place them in
districts rather than having them running at large.
Q And in either event, there is that major change
from your bill and your bill in Birmingham?
A That is correct. But in Birmingham they have nine
councilmen from districts.
THE COURT: ;
They are designated. They have residences, but
have to be elected, at large?
MR. ARENDALL:
What was that? I am not clear on that.
A In Montgomery they must run from designated district
and they must live in those districts.
MR. ARENDALL:
In Birmingham they have residential requirements,
all elected at large? A That's right.
Q Two blacks in Birmingham currently serving, are
they not?
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few prc
Q
of frag
distric
groups |
740
have J Yes. A
Q Do you know the racial composition?
A It is five -- four to five whites and four blacks.
Q Has Montgomery found that this kind of districting
plan has produced a five four racial block on various issues
¥ brought before the council?
A I discussed this with Mayor Robinson, who is a close
; friend of mine. He has the opportunity or privilege to
{ attend the council meetings, but he cannot interfere in any nine way unless he called on. He has told me, with the exception
of a few issues, one of which was to rename a street
Martin Luther King Memorial Drive, that there has been very
+ 4 few problems.
1 Q You have recognized, senator, that there is a risk
of fragmentation of a community through single member
districting, do you not?
stricts A I think that is debatable. You can make an
argument for that. You can also make an argument for running
at large. For me, it is very difficult to say.
ts Q Is it fair to say that recognizing that reasonable
3 men may reasonably differ about whether the City Commission
form is a better form than the form we would have .....
A I acknowledged that before Mobile United and other
groups that that is debateable.
——— [§ 261
member of the County Commission and Ron Webster, a local
business man, were they not? |
A That is correct.
Q Who were the leaders in the first election?
A Gosh, it has been seven years, almost.
Q Wasn't it Mr. Webster?
A Mr. Webster, as I recall, Mr. Webster led the ticket
and, in the runoff, I think I won by twelve hundred votes.
Q Did you seek black votes?
A Yes.
Q Had you, on previous occasions, been to the non-
partisan voters league and sought votes for others you
supported?
A Yes.
Q Since your election, have you been available to
blacks and whites who have sought to speak to you about
matters of concern to them?
A Yes. I have tried at all times to make myself
available to anybody, black or white.
Q Have you ,in fact, have any contacts with blacks
tnalding black leaders?
A Yes, many times.
Q Could you name any particular black leader which who
you have had numerous contacts? 262
132
about
come t
before
gets t
invest
of wha
is.
Q
substa
A
that t
Police
134
| 752
about how to handle things like this and I urged him to pleats
ig come to me first and at least let us discuss the situation
before it more or less went public.
Q Did he agree to that?
A Yes. I felt good about the meeting. I thought
it was worth while and when I left I felt we had really had
a meeting of the minds. However, after a period of quiet
ticket
it continued as it was before.
pes. Q You mentioned Mr. LeFlore sending copies or addressing
copies to many persons, including the FBI. Has the FBI
investigated that type of complaint?
a A Yes. Any time a letter or request of this type
gets to the FBI, the Department of Justice. it has been
investigated and the FBI always conducts a full investigation
of whatever the incident that they are asked to investigate
to
is.
Q Has the FBI ever Feperied to you that they found
substance in any of these complaints?
A There has never been a report to me by the FBI
that they found evidence of police brutality in the Mobile
cks
Police Department.
Q There has been a lot of talk in this case,
Mr. Doyle, and I am sure you have heard the testimony about
ich whom
this Diamond -- the so called alleged lynching incident.
<63
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Will you tell us when you learned about it and
what happened? Give us a chronology of this.
A All right. TI believe my dates are accurate, at
least the time lapse, I know, is accurate. It was reported
to me on Wednesday afternoon by Mr. Clint Brown, who was
the attorney -- I don't know who he was representing at the
time, but he called me as an attorney to report this to
me.
Q Is Mr. Brown a partner in Mr. Blacksher's law
firm?
THE COURT:
I will take judicial knowledge of that.
A He called me and related.....
THE COURT:
I don't know whether he is a partner or not. He is
in the firm.
MR. BLACKSHER:
Let the record show he is a partner.
THE COURT: |
Okay.
A He related an incident to me concerning a hanging
or lynching or he described it in several different ways. It
was certainly unusual and it shocked me to even hear it.
As a matter of fact, it was hard, at that time, for
264
755
me to
at tha
was a
we set
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me to believe that something like -that could kavben. Well,
at that time, I said this is, of Coutie, = we agreed it
was a matter of urgency and needed {mmediate’ attention. So,
Srted we set a meeting as early as possible the next day. This wad
in the afternoon of Wednesday.
So, we had a meeting on Thursday. In the meantime,
Dr. Gailliard who is, as you know, connected with the N.A.A.C.P. called and expressed his concern. He had heard
it and told me, at that time, that he would not be at the
meeting, but nevertheless wanted to express his concern. So,
we had the meeting.
Q Who was present at the meeting?
A Well, there was a number of people present, me=zper:
of the non-partisan voters league was present. The District
fists Attorney's office, the FBI, they had been notified, but, as
e I recall, were not present at this meeting and the chief
of police and myself. I might point out that I was the only
Commissioner present at this meeting. The reason for that
was, and I realized at the beginning that the information
that we had received was sketchy, at best, and had no specifics.
It was a police matter and was my responsibility
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and I thought, therefore, that I should hear the complaint
in its entirety and make a determination as to how to handle
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it and then report it to the other Commissioners.
ar
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Q All right, What happened at the meeting? :
natura
A We went through the details of the incident in :
get aC
which they described to me that a young black male was
. : met ag
ii arrested and that a mock lynching or hanging took place in
I of mar
| the downtown area, generally in the vicinity of Wintzells
Mondas
: on Conti Street. >
| ; from c
They said that the man had been lynched and I made 3
| ; 3
i the remark then, "If he had been lynched, most certainly he |
l L} we haw
i! vould be dead.", and that they then -- we referred to that, 3 i
3 was tl
after that, as an alleged happening. :
matior
Needless to say, every one present was shocked, the
| . in foc
i chief of police and myself, the District Attorney's offiee,
} the City Attorney, who was also present, and considered
i and, w
! this a matter of utmost urgency and we immediately instructed
i : we met
' our police people to start an investigation. This was on 5
est C
i. Thursday. |
! Now, on Friday, about Friday afternoon, the City
5 neithe
| Attorney, Mr. Fred Collins, called and informed me that the 5
! Mr. Gr
| first information that he had gotten, the first statements
that he had read that were taken from some of the officers :
rate,
|| who were named, indicated that, in fact, this had happened .
or qu
| and that we were to get into it further.
|
| When we have an internal investigation in the
I immedi
i police department, we take statements from every one involved, .
4 BAP Geol. I EE
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ice in
ells
I made
nly he
+ that,
ed, the
ffiee,
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758
naturally -- it was going to be a little time consuming to
BP
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a
plus thelr supervisors and on down the line, and it was
get all of this information together. So, we did and we
met again on Monday -- as a matter of fact, we met by way
of many phone conversations all during the weekend, but on
Monday we met again and, with the exception of one statement
from one party we had assembled all of the information.
On Tuesday, which is our day to meet, the day that
we have our conference meeting, City Commission meeting, it
was then, that afternoon, and we got the last bit of infor-
mation we sigeded to bring all of the story as we knew it
in focus.
At that time, I called the other two Commissicnor-
and, with the chief of police and the City Attorney and other
we met in my office and I detailed the incident, to the
best of my knowledge, to them.
They were very shocked and upset and, to my knowledge,
neither one of them had heard of the incident. I believe
Mr. Greenough had said he had heard some conversation or
rumours, but he had probably discounted it, but, at any
rate, this was the first knowledge they had. We met then
for quite a long time to determine what should be done.
At that point, we took what I considered to be
immediate pesitive and stern action.
267
This was an administrative action of the police
department. One man admitted that he was the person involved, :
Seven others were suspended for fifteen days and then the 3
who was most responsible. He was immediately terminated.
matter went into the hands of the grand jury who conducted &
an investigation.
The grand jury then indicted five men, including
the one we had terminated and exonerated three.
Q Exonerated three of the people that you had
suspended?
A Three of the people we had suspended were
exonerated. I might add the suspensions -- we based the
suspensions on the fact that these men had failed to report
it and this is an administrative action. They were suspended
for failing to report an incident of this type.
The five men were indicted by the grand jury and they are awaiting trial, at this time. The other three
served out their suspensions and were put back on duty and
that is -- let's see, I don't know exactly the status of
those three other men, at this point, but they are back on duty at the Mobile Police Department. Eb
But what all of this led to was what we got into | |
after this and that was a very, very intensive investigation
had be
thirty
person
City A
two ade
degrees
or thos
Q
Or MOTE
subsequ
personr
A
out the
into not only this incident but into a number of others that |
peggy 265°
|
- =
|
involved,
ated. |
n the
ducted
ading
the
report
uspended
~~
had been reported in the last, I would say, within the
thirty days prior to this and our investigation was conducted
personally by the chief of police in co-operation with the
City Attorney and several other police officers.
It, as you know, resulted in the termination of
two additional officers, plus six suspensions of varying
degrees handed down to other officers. Those did not connect
or those were not related to the Diamond incident.
Q Now, just to try to complete the picture, did one
or more of the persons suspended, as a result of this
subsequent investigation, take their cases to the County
personnel board?
A Yes, a number of them have appealled.
Q Has there been any action as to any of those appeals
A I believe one of them had a suspension reduced.
Q Didn't the papers indicate, I thought two.....
A Possibly two. I Haven't kept track as closely as
perhaps I should.
Q There has been some suggestion here, Mr. Doyle,
that the only people in Mobile that had any concern about
this Diamond occurrence were members of the black community;
is that right?
A Absolutely not. There was concern expressed through
out the community from all sides. There was concern voiced
LJ
ims SOD
by such organizations as the League of Women Voters, to
mention some -- they are not necessarily white, but they are
a mixed group, the Optimist's Clubs, Mobile United, a Aunber
of organizations.
Q The Chamber of Commerce?
A The Chamber of Commerce.. They made a report or
The N.A.A.C.P. ministerial groups, both |
1
|
had a report on it.
black and white, expressed concern.
I had letters of concern expressed by individuals,
some black and some white, and it was a general feeling of
upsetment and concern throughout the community and it was
not necessarily related only to blacks.
Q Did you have any correspondence with Mr. Gary
Cooper about this matter?
A Yes. I corresponded, from time to time, with Representative Cooper on a number of matters. He has easy --
we get along together and we talked about problems about
his commmity and Mobile as a whole and he had ......
THE COURT:
Is he a black legislator?
A Yes, sir. He had expressed, in a letter expressing
concern that he wrote me and outlined a few things that he |
thought would be of benefit to the police department and to |
the city as a whole. It was along the same lines of various
270 oy
request.
requests
thing, w
involvec
other tw
was a re
to assur
and that
washed.
it was g
Mobile Pq
to assur
again.
MR. ARENI
morning I
connectia
exhibited
A
across it
Q
as a stati
easy --
essing
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B
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762
requests that I got from other groups.
After having received many of these inquiries,
requests, you know, statements of concern and that type of
thing, with some help from the -- well, from everyboily
involved, the chief of police, the City Attorney and the
other two Commissioners, I developed a response to this which
was a response designed to answer some questions and designed
to assure the people that the matter was to be dealt with
and that it was not going to be as some people put it, white
washed. It was not going to be put under the table and that
it was going to be dealt with and the City of Mobile and the
Mobile Police Department was going to do everything they could
to assure them that something like this would not occur |
again.
|
MR. ARENDALL:
If your Honor please, for the first time this
morning I saw this statement that Mr. Doyle prepared in
connection with this recent incident. It has not been
exhibited to counsel for the other .side. |
When was this prepared? ge
A I had a lot of papers I was going through and I came
across it.
Q It has not been exchanged. I would like to offer it
as a statement.
<1
763 I
the one
I take it ycu prepared this to give out to people?
: A
A Yes, sir. This statement was prepared to give to
in my o
people who, for instance, the N.A.A.C.P. met, the ministarial
: 1 there w
| groups met, Gary Cooper, Representative Cooper, received i
I belie
a copy of this and I had a number of copies made and it was 4
| § black m
| given to the media and it was just given out generally 3
| : : § Church.
around to the people who had an interest. §
| ; : during
| MR. ARENDALL: i
public.
| I will offer it as Exhibit 85.
(Defendant's Exhibit 85 received and
attend
marked, in evidence.) :
: Mount O.
| MR. ARENDALL:
read an:
| Q Mr. Doyle, when you sent the information that you
: : our pos:
| supplied to Mr. Cooper, did he indicate any desire to further
| : status :
{ pursue the matter?
3 hands, :
[ A He indicated in the letter to me -- his letter J
| : ] went anc
| said, in essence, that it appeared that we had the mechanism :
| | i
underway or proposed to address ourselves tq this problem.
} ] Monday 1
i! He called then attention to the need for increased
3 by the !
training for police personnel in the area of human relations, 4
I : Q
| but generally seemed satisfied with this statement that [4
do you c
was given to him.
: police c
Q When all of that was developing, did you and any 1
connect
other member of the Commission attend any meetings other than ‘
gy |
I ;
763
ple?
2 to
starial
ved
Et was
1anism
fem.
sased
164
the ones you have mentioned?
A Yes, sir. I might add that I had numerous meetings
in my office with various groups, even -- well, at any rate,
there was a meeting called by the Mobile Ministerial Alliance
I believe is the name of the group, which is made up of
black ministers. They had a meeting at Mount Olive Baptist
Church. I can't remember exactly the day, but it was right
during the first week of the -- when the incident became
public.
They asked me to attend and asked Mr. Mims to
attend -- asked all of us to attend. Mr. Mims and I went to
Mount Olive Church one morning. I had a statement which I
read and which explained to these people assembled what
our position was, at the time. It was more like sort of a
status report. We had just gotten this information in our
hands, really, and it was sort of a status report and we |
went and the media were there. It was covered pretty well. |
Then subsequent -- no, this must have been on a
Monday because subsequent to that there was a meeting held
by the N.A.A.C.P. that night. |
Q Mr. Doyle, as you reflect back on that occurrence,
do you consider that the city and your department and the
police department reacted vigorously and effectively in
connection with trying to do something about it?
.. &73
765
A I think we did. I feel that we did everything that
personn
we could possibly do. We did it with no prodding from any give us
particular group. We did it because we were vitally concerned. these v
We, ourdelves, were really concerned about the incident. We
acted quickly, almost immediately, I would say, considering :
k way in
: ¥.
the fact that I would say we had to gather information. 5
| 1 the peo;
We acted on Tuesday afternoon. We decided what to | : 7 respond
do. It was made public that same afternoon and the man who 4
I 3 1 resolvi
| was terminated was terminated that day. The men who were |
came to
suspended, their suspensions began that day. We acted, I
we woulc
think, decisively. I feel that what we did was proper and Q -
I believe that the men involved who now are awaiting trial
hire son
in the Court should be given due process as everyone else
get cert
and that anything further we have to say or do concerning b A
those men would probably tend to jeopardize the litigation. :
| - personne
iQ Now, do I understand you to say that you have formed 1 like thi
| an internal investigation unit and it is to ride herd on 3
§
; and make
| reports of such incidents? | 3 the back
A Yes. Let me say that -- oh, since Captain !
Wimberly left the Mobile Police Department and went with 2 Former
p
the Sheriff's Department and since- Captain Walter Levine ] head of
died, we have suffered from a shortage of men in that ih comin
L] 1 § Captain's rank. It has been our intention to establish such: to hin a
a unit as long as ten months ago when we requested that the | in charg
: - . - FS Lh reed
~ R74
7654 766
Ing that personnel board fill these existing vacancies, at least to
Hany give us a certification from which to choose people for
Sa these vacancies.
ent. We At any rate, we recognized the need to have an orderly
ldering | i way in which complaints of this nature were handled and that
Ss | ; the people who made the complaints would be properly
what to : responded to and they would provide to all due haste in
Ben Whe resolving it. We determined shortly after -- well, all of this
Were came to a head that rather than wait on the personnel board
2d, I we would go ahead and form this unit.
=r and Q- Let me interrupt you a minute. You can't just go
trial hire somebody because you have a need for them, you have to
else get certification from the Mobile County personnel board?
rning A That is correct. In other words, if we want
zation. personnel, we have to go to them and, obviously in a position
ve formed | like this, as extensive as it is, you can't just pick etnies
1 on | 1 and make them an investigative officer. They have to have
| it the background and the knowledge.
| : The opportunity presented itself when we discovered
with : a former Mobile police officer retired and serving as the
2vine head of Faulkner State law enforcement school was interested
- | 3 in coming back to the Mobile Police Department. We talked
ish such to him and he agreed that he would and he would be the man
Rat the | | in charge of the investigative unit. That is Major Bill
5; a5
j—167 I
5 them
Lamy, who served some thirty odd years with the Mobile Police 9
some
Department. As a matter of fact, he had the job of )
Q
investigating internal matters and also citizens' complaints
: 3 A
before he left the City of Mobile Police Department. !
which
Major Lamy came and, as a matter of fact, he came i
£ relat
on board after having notified his people of his intentions, 1
: | 3 type
he came on board on the first of July. We have not yet 3
: tell
finished forming the unit. : | 1
i kids -
We believe, at this time, that we will probably have i
3 about
Major Lamy and two other police officers, sworn officers, y
¥ regula:
plus some secretarial help, and already he is presently
. people
involved in conducting investigations whenever they come up. :
: at lee
Q Do you, on occasion, Mr. Doyle, get complaints from 4
Eg that c
whites as well as from blacks about alleged abuse of power E
: Q
by individual policemen? E
: 5 distir
A Yes. We get complaints from all citizens. The
; A
police department, as you can imagine, we have a number of £
|
1 Q
| complaints.
| i 8 activi
1 Q There has been some testimony here about the cross | i
are su
| burnings. I believe someone has commented that you did not | J
s E Allen
make any statement about that. | 4
de A
What was your attitude about that matter? 4
| 4 Q
A Well, let me say that I deplore cross burnings. I | :
| 3 connec-
|| deplore murder, rape, robbery. I deplore all of these things 3
! — ps |
| 276 f
| 77
iim foie 87
them establish it, give them rules to go by, and give them
le Police
some training and tell them what we thought would best help.
Q What is the community relations division?
nplaints
A That is a division of the Mobile Police Department
] which -- well, community relations, we call it public
> came
| y relations, it does things such as visit schools and that
antions, |
| ] type of thing, show movies and we show movies to ladies to
yet j
3 tell them how to protect themselves and we show movies to |
| 4 {
1 kids to tell them about the evils of drugs and residents
ably have,
about how to take care of their houses and we also have a
~ers, Sy
regular program of visiting high schools and interest young
=ly
people in becoming =-- not necessarily police officers, but
~ome up. : .
at least getting into the criminal justice system. We Io
ts from ]
that on a regular basis at all of the high schools.
power : : :
Q All of this done among blacks and whites and no
distinction based on race?
The
A That's right. It makes no difference.
Her of
Q Mr. Doyle, the police department or certain of its
activities insofar as employment and promotion practices
=> Cross
are subject to the supervision of this Federal Court in the
Hid not |
| Allen case, are they not?
| A That's right.
Q And you have an affirmative action planned in
anys. 1
| connection with that matter?
se things we
LEA moe Ga |
3
| 772
A That is correct.
Q And in your opinion, how is that working?
A We were directed by the court to develop a plan by
| which we could recruit minority people into the police
department. As you know, and I will have to relate this to
t
|
ll
|
i
the activities of the Mobile County Personnel Board, because they are really the ones who are responsible with furnishing
! us with personnel.
|
We were directed, along with the personnel board,
to develop a plan by which we could attract minorities into
the Mobile Police Department. We certainly needed that and
we needed the minority groups in the police department.
| So, we developed a plan that was subsequently
presented to the court and it was examined and found to be acceptable and we were told to continue or go forward with
|
|
i
|| this plan, to implement this plan. I really would like to
i
|
| I
t
'
|
| t
|
say, though, that we have not recruited blacks like we would
like to recruit them to the Mobile Police Department. We
| haven't had as many applicants as we should and we certainly
| i
}
would like to have more.
|
Q Do you have any plans to try to improve that? |
One, in
A During the incident, during the time of the incident)
I was given some references of people to contact.
| I indirectly contacted to see if he would be |
particular,
|
| R278 |
|
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Mobile f
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that of
Melton,
772
an by
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ecause |
ishing
in
incident]
e, |
|
c
a
amenable to giving us some help and he has had a very good
track record in recruiting blacks and it is my intention, at
the proper time, to contact him to see if he can help us,
not necessarily to change what we are doing, but to do it
better or to add some inovated ideas.
Q Is the fire department integrated?
A Yes.
Q How long has that been?
A I really don't remember. It has been probably --
I think Mobile was the first fire department to have blacks
on it in the State of Alabama.
Q No Court suit ever brought on that?
A No, never any court action.
Q As a matter of fact, has the Mobile Beacon published]
a letter of commendation in connection with the fire
department?
A Well, that was in regard -- we were integrated, the
Mobile fire department had blacks, but they were -- and this
was back some six or seven years ago, they were in what we
call black companies. There was one company all black and
there were no blacks in the white companies or vice versa.
At some point in time it was my decision, along with
that of the fire chief who, at the time, was Chief Douglas
Melton, retired now, to as we put it, to break up the black
[
|
|
|
i
|
|
|
|
|
|
<9 —
|
departments, black companies, at least, and we did that and
we put the black firemen out, all around in the different
companies at different places, and the Mobile Beacon wrote
a nice article in the paper about how much they appreciated
it.
Q The black community hadn't filed a law suit or
saything of that nature?
A No, no there wasn't a law suit.
Q There had been some testimony here about the locatio
of fire hydrants. I believe particularly about Mr. Randolph
in the Plateau community.
Just briefly can you tell us whether there is any
discrimination by City Hall as to where fire hydrants are
located, where there are more in black communities than white
or anything of that sort?
That is determined by the underwriters. A No, sir.
What we do, the city of Mobile's water and sewer department, installs the fire hydrants and the City of Mobile pays for
it. We go according to -- if the insurance people say one
is needed here we put one there. In a new subdivision they
will lay out exactly where fire hydrants will go.
Q Some indication by Mr. Randolph of lack of response
at City Hall to any matter that he brought to their
attention.
260°
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Q
the Cou
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the cit:
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The ares
that we
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114
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8 any
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is located.
Q In your opinion, is the question of where a traffic
light should be and should not be determined by racial
factors?
A It is absolutely not.
Q Briefly, outline to us, Commissioner Doyle =-- and if
the Court please, I expect to go into this further with
Captain Winstanly who is directly in charge of it, but I
would like just a brief outline as to how the police
department determines the number of policemen to be patrollin
various areas and so on.
There has been some complaint by, I believe, a
number of these witnesses that they don't get enough police
protection in that particular area.
A sir. Yes, Well, the city is divided, at present,
the city is divided into three major areas. This is as
it relates to the police department.
One area is covered by what is known as the ten
squad, one by the twenty squad and one by the thirty squad.
The areas are divided into beats. It was about ten years ago
that we had twelve beats. The city was divided into twelve
-- the three areas were divided into twelve beats -- not
twelve beats each, twelve beats overall. Through the years
we have changed that.
Jind dd
<81. -—
778
We have changed from twelve to eighteen in order
to give better concentration of coverage and then we went
from eighteen to twenty-four and, at present, there are
twenty-eight areas.
When you say how do we determine and area, it is
determined by -- naturally geography has something to do with
it or maybe an interstate highway or something of that type
might determine one boundary but we tried to divide it where
the maximum per capita coverage will be available to all of
the citizens.
Every beat, as we call it, all of the twenty-eight
beats, has a car, blue and white, assigned to it.
We now have weekly crime stats which are given to
us as to burglaries and robberies telling us what beats are
most heavily hit, whether it is the afternoon, whether it is
the morning, whether it is nighttime and based on these
statistics we shift people, always leaving one blue and white
in each area, but we shift personnel to more or less beef up
an area if there has been a particular outbreak of s5y house
burglaries or automobile burglaries or what have you.
Q I take it then that you try to determine, as best
you can, what particular areas need additional protection at
any given time?
A That's right, and that is based on crime statistics.
282
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Q I will ask you whether, in your opinion, the efforts
of the police department to provide police protection for
the various areas of the city are determined in any respect
by racial considerations?
A No.
Q Mr. Doyle, do youconsider that since your election
as City Commissioner and your re-election as such, that
you have fairly represented all citizens of this area?
A I do.
Q Has that been your purpose and intent?
A Yes.
MR. ARENDALL:
No further questions.
CROSS EXAMINATION
BY MR. BLACKSHER:
Q Mr. Doyle, you feel like you have always fairly
represented the particular rised interest of the black
commmity?
A 1 do.
Q What are some of those particular rised interests?
A Beg your pardon?
Q What are some of the particular rised interests of
the black community that you have fairly represented?
779
_. R83
| |
I will let you make your record. Go ahead. BI gure
MR. BLACKSHER: ; | MR. BLA
| Mr. LeFlore made these recommendations about a j
citizen's review board as a way to deal with police brutality | |
. complaints?
i
i A I think so. ; MR. BLA
i, You disagreed with that? |
5 A Yes. I think I disagreed with the review board | you to
~ because it is demoralizing to any police force. ; that is
Q Was there any other groups besides Mr. LeFlore and A
| the NAACP who also asked for a review board? Il in rega:
A I presume they did. They haven't recently asked ; | mgs,
i for one. They haven't asked for a review board as related law enfo
i 3 :
| 0 the Diamond incident. 3 289 enfe
| Q What other groups have asked for a review board? | funds ws
i A Well, they don't necessarily call them review boards; to have
| They call them by a number of names, citizen's committees, Q
| concerned citizen's groups or what have you. But they all Mr. Doy-
probably have the connotation of being a review board. . : by the :
! There was a request by -- let's see, I think chief of
i representative Cooper requested to have a committee, although
| he said not a review board, but a committee. One of the | A
| ministerial groups wanted a committee which, in my {udzanent. only cor
| could have become a police review board. | | Sen
H Ah re :
| © 28a" a
:
]
{v0 fii - gdp
Be |
] am sure the press wouldn't misquote me.
| MR. BLACKSHER:
i | We offer this in evidence.
Salty 2 (Plaintiff's Exhibit 102 received and
| marked, in evidence.)
| | MR. BLACKSHER:
| We have marked in pencil that statement and I want
-d : : you to see if it refreshes your memory and whether you think
: } that is accurate. |
y. 2nd H A I am sure that is accurate. He was, at that time, |
Il in regard to the City's attempt to get some law enforcement |
ed i funds, some funds from the Federal government to promote good}
ted law enforcement, and Mr. LeFlore was apparently calling on the
| law enforcement assistance administration to withhold the
47 f funds until we did whatever it was he was seeking for us
bisards : to have done and that is when I said I was sick and tired.
8s, 1Q Let's talk a minute about the Diamond incident, |
all | | Mr. Doyle. You said that the meeting attended by Mr. Diamond
| i | by the non-partisan voters league, the D.A. was there, the
| chief of police and you were the only commissioner.
a Are you sure that Mr. Mims was not also there?
& A I don't believe he was there. I believe I was the
SHEnt. only commissioner there. It was 2 rion full of people, you
| ii understand, and there were a number of members of the non- |
i esd BON ~ *65 = T
| i
|
Sie rehomed LY Cs x 793
;
] firse partisan voters league there, I know, and a number of attorneys
| the r there, too. |
! || for mn Q You recall me being there, for instance? |
| I end A I don't recall your being there or not.
" and t Q Mr. Brown was there? : I
: i Q A Yes.
:
asked Q Reverand Hope from the non-partisan voters league?
: witho A Yes. I believe so. H
! ; ! duty, Q Do you recall what Mr. Brown and that delegation |
| i A asked you to do on that Thursday that the meeting was held i
| THE ce the day after Mr. Brown had telephoned you on the phone and | |
|
reported this incident? : : |
A | i | made ¢ A Well, specifically, I don't know that I recall any :
! : man's demand that they made or any requests that they made. The J
: A meeting, as I recall, was -- of course, it was an emotionally t
: | ; had do charged meeting, as you can imagine, and we, as a city | :
| § THE CO commission and me and the police and other people, the : } |
| : | District Attorney and others involved with the police | i |
: | i 4A department, were very upset about it. It was obviously, i |
was wh to us, the thing to do was , number one, to determine what 4 |
| : Il shocki: happened and that is what we endeavored to do. :
i | MR. BL. Now, it would not be proper for me, as police i |
4
commissioner, to take any precipitous action based on what f
: ! at that I had heard at that meeting. You understand this was the i
286
793 | | ve . STN IR O L
| first time that I had heard it except the conversation on f attorneys
| the phone with Mr. Brown. So, it wouldn't have been proper |
| || for me to take any precipitous action, at that time, until
| I endeavored to find out what the facts in the case were, | l
and that is what we did.
i
| |
x ~
i Q In fact, the precipitous action that that group
asked you to take was to suspend officer Patrick with or eague?
|
: y without pay. In any event, to get him out of the line of
g I duty, because they thought he was dangerous; is that right? | tion :
| A That's right. | held l : | | | THE COURT: | ne and | |
| | Officer who? Is he the one that claimed to have |
1 | made some later statement about he put the rope around :-he L1 any
3 man's neck?
The :
; A Patrick was the officer who had admitted that he -ionally; I
i had done what was alleged to have been done.
| THE COURT: |
; | | fo All right.
Te | : A Here again, we didn't know anything for a fact. This y, 8
| i was what people were saying, their telling us. It was what § |
: Il shocking to us to hear it.
Fi {|
; | MR. BLACKSHER:
; : | You didn't have Officer Patrick under investigation, | what 3 |
| at that time? | the -
| x ¢
i a Il cies
i
A Not in regard to this instant, no. A
Q Didn't you have him under investigation for some | |
: other incident? jpaets tl
JA 'I don't know. I am not familiar with that. Officer J 2boue o
{ Patrick, they say, you suspend Officer Patrick immediately. A
| Well, as a matter of fact, we did take Officer Patrick out je
! of the area in which he was in, out of the division he was His this
; in, to get him away from what might have been a situation to jouitat X
| jeopardize him or someone else, but it certainly wouldn't : a
| have been proper for me to say, "Well, I believe what Q
everybody is telling me. Therefore, I am going to suspend ve or A
i Officer Patrick immediately." That wouldn't have been fair Sob his
! 3 |
| to him or anyone. The results were that he was, in fact, te
|| terminated. Iwas the
THE COURT: | ahead o3
| When?
Q
| A On the following Tuesday afternoon. 4
| MR. BLACKSHER: : Q
Would the clerk show the witness Plaintiff's Exhibit : that sh
| 657 A
I am showing you, in a group of newspaper clippings, | | is unde:
| Mr. Doyle, marked as Plaintiff's Exhibit 65, the front page | | Q
of the Mobile Register, Sunday morning, March 28, 1976. Resring
| The headline is 'CB Theft Suspect Shot By Patrolman'? | I 284 ao
ented 795 I cs i rg SEAR TS ct - a T95
|
a Right.
in i ig Would you look that article over, especially the
| |parts that are underlined, and see if it refreshes your memory
\Eticer | about Officer Patrick?
ely. JA Yes. He is the one that shot the CB thief..
out lo This is the man who had two bullet wounds in each of |
Was | nts thighs, a single wound in his right ankle and superficial
oh a : relia: wounds in each of his wrists?
rg A That is what is reported here in this paper. |
Q And that was approximately -- well, just a matter of |
:
|
dnd | eo or three days before this alleged lynching incident |
I |
fair ‘occurred, right? |
ce ‘a Let's see, this was Sunday morning. I guess that
vas the Saturday night. It apparently was about a week
| ahead or a week before.
| Q A week before?
| A Something like that. It was pretty close, right.
: Q And officer Patrick was not under investigation for
«hibit : | chat shooting?
| A Any time a police officer discharges his weapon he
pings, ; is under an automatic investigation.
page | Q Isn't it a fact that the delegation that attended the
; meeting on Thursday pointed out this incident as being related
| I and another reason for suspending Officer Patrick immediately,
dd ~ 289
|
| td
| a Fa ipa 1. i 1 797 I
| | THE coi
! even if suspending him with pay was necessary? i
A I don't recall that, but I am sure they brought }
: | Well, 1
, that up. : ;
: J was the
:Q You said that on Friday, the day after the meeting ‘
h : ‘ mentior
| that we were talking about......
f ! MR. BL!
THE COURT: :
; |
Let me get some times straight. With reference f
a CA
to when attorney Brown called you on Thursday, when is the i i
g ! on Thur
+ alleged mock lynching to have said to have occurred? :
I : i | THE COL
| A As I recall it was to have occurred ten days prior
I : i
1 to that, I believe. I am not positive of that time. i ;
l : | MR. BLA
iy THE COURT: ]
| : |
Isn't there something that we can agree on? Aren't |
: : THE COU
there enough facts that we can establish that time by : i
|
agreement? |
| : hy the all
MR. BLACKSHER: : }
| ! | in the
| Yes, sir. : I
| J | MR. BLA
MR. ARENDALL: | !
3 }
I If you have a copy of the indictment, wouldn't it i }
I : : | that th
| state what date it was? |
| go i THE COU
| MR. BLACKSHER: : ;
I i !
| The grand jury report, which is the front part of H
i : | MR. ARE
| the Exhibit 65, says that the event erupted on the night ; of
I | I
Il of Mareh 28, 1976, which would be the same Saturday night. F il
item ; : HE l
I : R80 | l
{ i !
|
; I 798
797 Ss.
| THE COURT:
| L With reference to the shooting incident. All right.
1t .
| Well, now, let's get dates we are talking about here. What
i | ' was the date of the Thursday that attorney Brown called or
sting: i
mentioned it?
| MR. BLACKSHER:
! | I believe it was Wednesday, your Honor:
e i i I -
3 ts .
; | i TA That's right. Wednesday afternoon, because we met
the | i i E
: ! on Thursday. :
| § I
: | THE COURT: :
rior b ! :
t J All right. What was that day?
i
i
| MR. BLACKSHER:
! The 31st of March, is that a real date?
ren't |
. THE COURT: ;
|
| | All right. That would have been three days after
: '| the alleged incident. What is the date of the story there
% {
! lin the newspaper?
| MR. BLACKSHER:
: } March 28th, is the date of the paper, which means
it y
: | that the event occurred on March 27th.
A i
| THE COURT:
! All right. Go ahead.
of. ; |
| MR. ARENDALL:
x
|
she | \ i Judge, I must say I don't think you are wrong, but
toad : | | h— Cent ou Gg et fb AE] TRI
i | f
}
i 1
|
A ng vig
I am looking at something here that is headed news release
. dated April 15, '76 and it says here that Mayor Doyle Patricie
received a formal detailed complaint from Mr. Diamond's Lhe cou
attorney on Friday morning April 9th. I don't know whether i
| that is another ....... "he was
SA That probably is right, except that it wasn't get at
Friday morning. Well, we might have received something in A
‘detail from him, then, but the meeting we had was on details
. Thursday. : THE COU
MR. BLACKSHER: i
I
| It says this, if I may read and just for the some of
purpose of trying to get this straight. Las ARE:
"Police department and City attorney immediately
started an investigation at 5:00 P.M, That same day the Some ‘new
District Attorney's office and the FBI were informed and THE Coul
requested to conduct an investigation. On the following
Tuesday, April 13, 1976, nine matters were called to the : and repc
lattention of the board of commissioners of the City of Mobile'l, : | BLAC
and at that time, we thought we had sufficient facts and j |
iso forth and the talk goes on. This is part of our Exhibit the reve
75. Whether it 1s accurate, I don't say, but it is dated ordered
April 15th and it would hardly appear to me that there would A matters
{be a news release on A pril 15th that we would be very off | A
fon these dates. | : Q
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It would appear to me that the Tuesday on which
Patrick was fired must have been April 13th and then.......
THE COURT:
lh
|
"he was terminated, don't we? Can we establish that date
Well, certainly we would have some record of when
|
get at it backwards from that date?
| A The complaint was made by phone Wednesday and the |
details of it was Thursday and ......
THE COURT:
All right. Let's go back at it from that date. Do
some of your records indicate when he was terminated?
MR. ARENDALL:
I am looking, Judge, to see. There ought to be
some newspaper articles somewhere around here that would show,
THE COURT:
Why don't you examine the City records at Noon time | and report back to us. Let's go on to something else.
MR. BLACKSHER: |
Mr. Doyle, you testified, didn't you, that following |
the revelation of the Diamond incident, you initiated or
ordered a very intensive investigation of this and other
matters that were before you, at that time, other complaints?
A Right. |
Q Now, when you say a very intensive investigation, how
. R93 |
aan 294:
| much more intensive was it than investigations you have
|
i previously conducted in response to these complaints?
|
A Well, for one thing, it involved the administration
| of polygraph examinations which the others hadn't. It also i
| involved more interrogation of people in the community and |
if I guess you would say when we asked an officer for a state- i :
| ment and he writes a statement, that is one thing, but when
| we actually question him at length then we went into it a [3] 1%]
i little deeper trying to get at the root of all of the problem
I to the number of complaints that we had.
I
| trying to get at the root of all of the problems as regards
|
|
Q You mentioned earlier that you had three major
areas for patrols, the tenth squad, twenty squad, thirty
|
|
| squad
i ' whenever we found or whenever the statistics indicated that
we had a particular problem in a particular area we more or
less beefed that area up. The six hundred squad was formed
in order to address itself to the increasing problem of
burglaries, primarily auto burglaries, which involved primari]
CB radios.
-- what 1s the six hundred squad that Mr. Patrick was i
in?
| A The six hundred squad, you know, I mentioned to that
801
m
—
—
e
r
e
t
e
—
—
-
Ly The squad was formed and they were not put on
I can't get too technical about how they were deployed, but
they were not assigned during a regular tour of duty.
2
'
If we de
. burglari
morning
that is
formed p:
in Mobil
don't knc
within si
Q
A
data that
area neec
where the
where it
showed tt
Q
concernin
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also
and
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801
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ca
, morning until approximately four o'clock in the afternoon, then
802
We would take from statistics a framework of time.
If we determined that the critical hours, as far as automobile
burglaries were concerned, were from ten o'clock in the
that is the time that the squad would be on duty. It was formed particularly to address itself to the burglary problem
in Mobile. It was in addition to the others.
IQ When was it formed, Mr. Doyle?
A I don't know exactly. It has been back some time
ago |
Q Nineteen sixty-nine?
A No, no. More recently than that. Like I said, I
don't know exactly when it was formed, but I would say probably
{
1
within six months, maybe, something like that, prior to this.
Q What geographical area of the city did it work in? |
A It moved around, depending on these statistical |
data that we got every week. If the statistics show that the
area needed attention and was, say, the Loop area, that is
where they would be. If it-shifted to Toulminville that is
where it would be, or downtown, or whatever.
The deployment was dictated as to what statistics
showed the need was.
Q Did the six hundred squad have any special orders
concerning what kind of tactics or measures they could take?
i
h
re
al
EA
A
A
Sa
A
N
ST
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A No. The six hundred squad was given the mission
| of reducing burglaries.
iQ They weren't given any particular license, for
nage. with the use of weapons?
LA Absolutely not.
3 Do you know whether, after you investigation,
{2
whether, in fact, some of the police supervisors had given > this license to these officers?
A Our investigation revealed many times about instruc-
| tions that had been given these men. I don't know that it
|
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| would be proper for me to go into detail about that since [N HE
'
' all of these men have appealled this to’ the personnel board
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|| their terminations, and at the risk of jeopardizing either
| pro or con, I don't think it would be proper for me to
|
| | comment on that. 'Q Well, your testimony is that you feel like you have
| acted immediately and decisively in this matter?
TA Absolutely as quickly as we possibly could.
"Q You did say the City Attorney, Mr. Collins, confirmed,
based on his interview of police officers, this alleged
lynching had, in fact, taken place some four or five days
before you acted to suspend Mr. Patrick? [ i
|
A Mr. Collins came to me and we were all involved in |
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| ssion | this, by this time, as you can imagine. Mr. Collins came and
| sald to me on Friday that the information that he had, at
for | that time, which now the information I am talking about would!
I be statements taken from various officers, but he said the
| information that he had gotten so far indicated to him that
1, | re had, in fact, occurred and then our reaction to that was
given | | that well we have to get all of the information, which meant
| | we had to take statements from every officer involved and
instruc- | thetr supervisors, too.
at it Q Wasn't it true that the various delegations from the
ince black community -- that the point they were making was why
board can't you suspend people without even penalties attached to
pealled J it first and then conduct the investigation later?
ther A I think that we acted properly in the way we handled.
ic. |
| Q You also said, although you deplored cross burnings, |
yu have | you did not feel any obligation to make a public statement |
| | about them any more than you feel about burglaries or rape? |
| A That is correct.
ontirmed, Q Were you aware or weren't you aware that thess |
d | cross burnings were creating particular anxiety in, a large |
ays | community here in Mobile?
| | A I might add that the majority of the cross burnings |
»d in | | were in Mississippi or Baldwin County, but aertiinly an
Pa | _ R97 > She
| |
TR TE RE Ge Bog
| |
| outbreak of violence of any kind creates concern. | Q
| This kidnapping of the 26 children and burying them | | Exhibit
under ground creates concern. I was equally concerned about | ]
' the cross burnings as I was about everything else. | 4
q For the record, now, the twenty-six children kidnapped : Q
bate in California, right? y i a xerox
ba Well, sure. of the E
q Would the clerk show the witness Plaintiff's Exhibit | is, "Cre
| 622 | Black Ce
Now, this is a newspaper article from the Mobile | third ce
Press Register dated Friday morning, June 25, 1976. It says | and Sta“
| that, and I am reading from the third paragraph, Mr. Doyle, Were Bu:
| "State Troopers reported at least twenty-five crosses set |
afire in the two southern most Alabama counties" meaning ! of the «
Baldwin and Mobile, correct? i were bu:
A I presume that is Sotbede. Southern most, yes. | ; weren't
| Q "Meanwhile at least seven crosses were reported | creatin:
| in Escambia County, Florida in front of black churches’, and A
| then the top of the next column, "Mobile Police said one | matters
| cross was burned off of Avenue A on Cottage Hill Road in tind Q
| of a black man's house"; were you aware of that? | the par
| A I was given a report on where they were burned. I | | im offi
| don't recall whether it was in front of a black man's house | politic
| or not. 3
| 298. TENT AE ee & or i
| |
Ly OTE Ne CTRIERT. RL AS Sie DT KL
|
| Q Mr. O'Connor, would you show the witness Plaintiff's
1g them | | Exhibit 1017?
I about | | Do you ever read the Mobile Beacon, Mr. Doyle?
| I A Not very often.
kidRarped Q Well, what we have here is Plaintiff's Exhibit 101,
| a xerox copy of the front, and it looks like the second page
| | of the Mobile Beacon, dated July 3, 1976. The headline |
Exhibit | is, '"Cross Burnings Threatening Letters Raise Concern in
| | Black Community", and on page two of this article, in the
ile | third column, it says, "Mobile Police Report Three Burnings
E says and State Troopers Estimated As Many As Twenty=Five Crosses |
>yle, Were Burned in Mobile and Baldwin Counties". |
set So, even if all -- well, the balance or twenty--woc |
ag | of the crosses were burned in Baldwin County, at least three |
| | were burned in Mobile and perhaps more, but you said you |
| : weren't aware or were you aware that these cross burnings were
d | creating some anxieties in the black community? |
, and | A I am aware that they created anxiety as other |
e | : matters create anxiety. |
n trom Q Well, isn't it a fact, Mr. Doyle, that because of
| the particular constituency that elected you and keeps you
3 | i! im office that that would have been difficult for you to
>use politically come out strongly about statements about cross
|
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. My constituency, they abhor cross burnings as much as I do.
|
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are black?
|
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| burnings in Mobile?
|
A I don't think it would make a bit of difference.
I don't think that if I said I abhorred it publicly on the
front page, it wouldn't make any difference. They abhor ir, #
% 9 ond didn't think it ‘was important enough to do |
that?
|
A That is correct,
Q You did meet, however, in the wake of the Diamond
A They requested a meeting in my office, which was
held.
Q And that was reported in the paper? |
A I didn't report it. It was reported because the
media were there.
Q Concerning the Mobile fire department, Mr. Doyle,
what percentage of the employees of the Mobile fire department
A The fire department has twenty-seven black people
and four hundred and nine white. 1Q Have you done any recruiting for black firemen like |
sou have for black police officers?
:
|A We don't have a specific program as we do for the H
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Q Do you know when the last final report was written,
Mr. Doyle?
A I am not sure. I think it was 1964. I am not sure.:
Q I was going to ask you again, is it your testimony
that you don't see that the black citizens or the black
community in Mobile have any particular rised interests
different from those of other groups?
A If you would, Mr. Blacksher, tell me just exactly
what you mean by particular rised interests.
Q Well, let me ask you the question this way, are
you in favor of the City of Mobile enacting a fair employment
ordinance?
A We are always ROE mean, through the personnel board,
equal opportunity employors. |
Q I am talking about a city ordinance prohibiting
discrimination by private or public employors in the city of
Mobile?
A If we were actually doing it already, what is the
need of an ordinance?
Q So you see no need for such an ordinance?
A Not as long as we attend to treating an employee
fairly. i
30%
Q Are you in favor of the City of Mobile enacting a city ordinance making it unlawful for persons to buy residences
on the basis of race?
3
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kA As long as the end is being accomplished, whether i j
not you have an ordinance would seem to be superfluous. If |
! we are, in fact, allowing people to do these things. I don't! I | :
| | see any point in having.....
|
5
i Q You say we are allowing?
J A I did not say that. I say as long as people are
allowed wherever they want to buy? .
| Q Are you aware of whether or not people are being |
| I have heard absolutely no complaints.
A
|
| Q Do you know whether or not there have been complaints
f
|
1led in Federal Court under the federal laws? |
I don't know. A
MR. BLACKSHER:
The Court can take Judicial knowledge of its own
; records, but I know of and have handled at least eight cases.
i
! Federal Fair Employment law contains a provision through |
' I think the Court can also take Judicial notice that the |
|
|
Federal Court must defer, if there are same.
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A Let me say this, I am certainly in favor of people
residences | | being hired in an equal opportunity way and being allowed
to live where they please.
ether or MR. BLACKSHER:
a If | Are you in favor of enacting an ordinance pronibising
I don't ! the burning of crosses in the City limits of Mobile?
| Hi
| A I think it is probably illegal to do that on public
| | right-of-way all ready. Now, as to whether or not -- to say
are | | it is illegal to burn a cross on private property, if someone
decided this, that they wanted to burn a cross or anything |
ing on their front yard and it didn't violate the environmental
rules or anything, then I don't know that we should properly |
deny him the constitutional rights to burn whatever he
plaints pleases in his front yard. |
| Q What about this cross that was burned on Cottage |
Hill Road in front of ...... |
| THE COURT: |
wn | ! I think what he is asking you is with reference to
cases. | an ordinance of someone burning a cross on someone's property
] who is not there, is that what you are getting at? |
1 | : A Yes. I am certainly in favor of prohibiting, by
rn - | law, such as a cross burning that would be apt to upset
he | the commun i ty in any way. I think if we could prohibit it |
| : by law properly without violating someone's constitution |
ii | —003 5 £9
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rights, I think it should be done, yes.
MR. BLACKSHER: THE COU
When you were campaigning in 1969 -- I realize i
you were ihopposed in '73. Therefore, I presume you didn't A
do much campaigning in '69 when you were campaigning for this THE COU
office.
In your campaign, did you advocate fair employment | MR. BLA
} opportunitites?
A I think probably I made the same general remarks that people
I was in favor of evervone being able to work and earn equal little .
| with others. ; the Cit:
Q Mr. Doyle, do you disagree with all of the white A
li and black politicians who have testified in this trial so the pos.
| far that a black candidate running at large in the City of believe
| Mobile.....
THE COURT: enough 1
Are you going to be with him much longer? the peo]
| MR. BLACKSHER: office.
i No, sir. women h:
| ug COURT : Q
| The reason I say, it is twelve and we might as well persona
| ret him come back after lunch. If we can finish up in five which ti
| minates or so, go ahead. Mr. Arendall, do you have rebuttal? A would be
| MR. ARENDALL: | ‘ | A
ze
didn't
for this
Dyment |
arks that
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ite
80
y of
; Just for a couple of questions.
THE COURT:
Are you planning on being here this afternoon?
A I would just as soon go and come back to finish up.
THE COURT:
All right.
MR. BLACKSHER:
I was going to ask you if you agreed with the other |
people that have testified that a black candidate would have |
little or no chance winning an election running at large in
the City of Mobile?
A Well, I have always said the politics is the art of
the possible and if you are given certain ingredients, 1
believe anyone can win an election.
If you have a willing candidate and if you have
enough money and if you have a program that you can sell to
the people in a proper way I believe anyone can be elected to
office. I will add, however, that I think both blacks and
women have less chance.
Q All other things being equal, Mr. Doyle, would you
personally be in favor of single member districts out of
which the Commissioners or councilmen of the City of Mobile would be elected?
A I believe that the present form of government has
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