Memo to Hon William Guste from David Treen

    HO + 1 

State of Wonisiana 
EXECUTIVE DEPARTMENT 

Waton Rouge 
Davib C. TREEN 

GOVERNOR 

MEMORANDUM   

Honorable William J. Guste, Jr., Attorney General 
Louisiana Department of Justice 

Office of the Governor a9 

April 7, 1982 

Congressional reapportionment 

This will respond to your request to assist in 
furnishing information requested by the United States 
Department of Justice in its communication to your office 
dated February 16, 1982. References will be to the numbered 
paragraphs of that communication. 

PARAGRAPH 3. 
  

In response to paragraph 3, the only material 
describing the reapportionment criteria used by the governor 
in the legislative reapportionment process would be the rules 
and regulations of the Department of Justice published in the 
Federal Register (28CFR Part 51), and, generally, the whole 
body of federal jurisprudence on congressional reapportionment. 

PARAGRAPH 5. 
  

Responding to paragraph 5, there is attached hereto 
the following correspondence received or sent by the governor: 

(1) Letter dated August 15, 1980, from J. Allen 
Martin, Administrative Assistant to Congressman Robert Livingston, 
together with the two attachments described therein. 

(2) Letter dated January 27, 1981, from State Senator 
Thomas H. Hudson addressed to Governor Treen. 

(3) Letter dated June 18, 1981, from J. Allen Martin, 
together with the attachments described therein. (It is noted 
that one of the attachments has the date of February 11, 1982, 
written thereon. No explanation can be offered for the attach- 
ment bearing a date subsequent to the date of the letter. It is 
conceivable that this was simply an error, or that the author 
intended to note a future date for some purpose.)  



Honorable William J. Guste, Jr. 
Memorandum 
April 7, 1982 
Page 2 

(4) File copy of a letter dated October 23, 1981, 
which was addressed to every member of the Louisiana State 
Legislature from Governor Treen, together with the attachments 
described therein. 

(5) Letter dated October 30, 1981, from State 
Representative Vincent J. Bella addressed to Governor Treen. 

(6) Memorandum to the members of the Legislature 
from Governor Treen dated November 9, 1981, together with the 
attachments described therein. 

PARAGRAPH 10. 
  

In response to paragraph 10, the following is 
submitted: 

Paragraph 10 states that it has been brought to 
the attention of the Justice Department that the congressional 
districts in the New Orleans metropolitan area were drawn on 
the theory that "it was preferable for blacks to constitute 
a substantial portion of two districts than to make up a 
majority in a single district." It then asks for information 
used in arriving at that conclusion. Since the congressional 
districts were drawn by 144 legislators who considered and 
acted on numerous plans and proposals (through the amendment 
process and otherwise), it is impossible to determine what 
"theory" predominated. Undoubtedly, individual legislators 
were influenced by a variety of considerations. 

We are asked to identify persons with organizational 
affiliation who advanced or supported the view which you have 
described. We are not informed of any organizational support, 
as such, for any particular theory, save and except that which 
might be reflected by the position taken by the Louisiana 
Legislative Black Caucus. 

During legislative consideration, there undoubtedly 
were a number of legislators who concurred with views expressed 
by Governor Treen about the constitutional and policy implica- 
tions of a plan to deliberately concentrate the black population 
in one district. The governor expressed himself on more than 
one occasion that purposeful concentration of one racial group 
was a form of racism itself, and that it was his view that race- 
conscious reapportionment might well be unconstitutional. With 
regard to the policy question, the governor was quoted by the 
Baton Rouge Morning Advocate on November 10, 1981, as saying, 
"I refuse to accept the argument that black interests are served 
by concentration in one district." That same news article goes 

   



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Honorable William J. Guste, Jr. 

. Memorandum 

April 7, 1982 
Page 3 

on to say without quoting the governor, that the governor 
said that black voters are better off having strong, if not 
controlling, influence with both New Orleans Congressmen. 
In a statement by Governor Treen, attached hereto, the 

governor specifically addresses what he said at that press 
conference, and gives his further views on the subject. 
However, it should be kept in mind that the congressional 
districts now under review were determined by an act of the 
Legislature, not by act of the chief executive of the State. 

Although, as mentioned above, there is no earthly 
way to divine what went on in the minds of the individual 
legislators with respect to the congressional districts in 
the New Orleans area, it is relevant to observe that since 
1843 the Parish of Orleans (coterminous with the city of 
New Orleans) has been divided nearly equally between the 
first and second congressional districts. Furthermore, the 

city has traditionally had sufficient influence in both 
congressional districts that each has been represented by 
a resident of the city. This has been true for at least 
the last four decades (except for a brief seven-month period 
in 1977, when a St. Bernard Parish resident served in the 

First district). Thus, it is reasonable to surmise that 
legislators from the New Orleans area may have been influenced 
by a desire to continue the political clout that the city of 
New Orleans has by being a substantial portion of two, rather 
than one, congressional districts. 

You also asked, in paragraph 10, for information 
showing that black citizens in Congressional Districts One, 
Two and Three have influenced the outcome of elections in 
those districts or have formed a voting bloc in those districts 
which requires responsiveness on the part of candidates. 

That black voters influenced the outcome of elections 
in the second district on several occasions can be demonstrated 
conclusively. In both 1964 and 1968, Republican challenger 
David C. Treen received a majority of the white vote, but lost 
because of bloc voting by the black voters of the second district. 
Treen challenged the Democrat incumbent, Hale Boggs, in 1962, 
1964 and 1968. Boggs had served in the Congress continuously 
since 1946. In 1964 Boggs defeated Treen 55% to 45%. In that 
year blacks constituted 16.2% of the registered voters in the 
second district. There were 31,107 black voters in the district. 
Boggs defeated Treen by 14,128 votes out of 139,890 cast. An 
analysis of the vote demonstrates that Boggs received a minimum 
of 96% of the black vote.  



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Honorable William J. Guste, Jr. 

- Memorandum 

April 7, 1982 
Page 4 

In the 1968 election, Treen was defeated 51% to 
49% by Hale Boggs. Black voters constituted 19.3% of the 
registered voters in the second district and it is estimated 
that Boggs again received a minimum of 96% of the black vote. 
Clearly the black vote was the determining factor in both 
1964 and 1968 

It should be noted that in 1969 the Louisiana 
Legislature, at the behest of Congressman Boggs, had the 
second district reapportioned in a way that removed from 
that district the area in which Treen lived and which had 
given him 67% of the vote in 1968. 

To what extent these voting patterns influenced 
the decisions of Congressman Boggs could only be answered 
by Congressman Boggs himself who, tragically, perished in 
an aircraft accident in Alaska in 1972. However, it is 
unquestioned that Congressman Hale Boggs had a liberal 
voting record in comparison to other members of the 
Louisiana delegation, and that undoubtedly contributed to 
the substantial vote which he received from black voters. 

The widow of Hale Boggs, Lindy Boggs, was elected 
in a special election in 1973 to fill the seat vacated by the 
death of her husband. After the reapportionment of 1969, black 
citizens constituted 39.7% of the population of the second 
district, which grew to approximately 40.7% by the end of the 
1970's. Blacks clearly constituted a major political force in 
the second district during the 70's. The strong support that 
Mrs. Boggs enjoys from the black voters of her district has 
undoubtedly contributed to the fact that she has seldom had 
serious opposition to her re-election, and, when she did, 
strong black support was instrumental in her success. In 1980, 
Mrs. Boggs was challenged by Republican Robert Couhig. She won 
that election 45,071 to 25,521. However, had black voters cast 
their votes in bloc for Couhig rather than Boggs, then Couhig 
would have been the victor. 

Black voters have voted in bloc for Mrs. Boggs giving 

her between 80 and 90% of their votes in every election since 
1973 even when her opponents were black. 

Blacks constituted 15% of the third district in 1980. 
when a special election was held, black voters cast approximately 
70% of their votes for Wilbert Tauzin as he won office by 7,291 
votes out of 116,921 cast. Had the black vote in the third 

district split evenly, it would have been almost a dead heat, 
but with Tauzin probably losing by a narrow margin.  



Honorable William J. Guste, Jr. 
» Memorandum 

April 7, 1982 
Page 5 

In the first district, represented by the same 
person from 1940 through 1976, blacks made the difference 
when Richard Tonry defeated Robert Livingston in the November, 
1976 election. Blacks constituted more than 32% of the 
population in 1976. It is estimated that Tonry received more 
than 90% of the black vote. Out of 118,331 votes cast Tonry 
defeated Livingston by 4,973 votes. Clearly the black vote 
was determinative in that contest. The power of blacks to 
elect or defeat in that congressional district is clear. As 
a matter of fact, however, they chose to support the incumbent 
in 1978 and 1980. (Livingston was elected in a special election 
in 1977 following Tonry's resignation from Congress.) 

We understand that Congressman Livingston has 
submitted information to the Justice Department regarding 
the impact black voters have had in the performance of his 
office. 

PARAGRAPH 11. 
  

In response to paragraph 11, Governor Treen has not 
used the term "community of interest”, so no response can be 
made to this question. As noted above, however, the community 
of New Orleans and its suburbs have historically been represented 
by two congressmen (more lately three congressmen as the metro- 
politan population has grown) and it would seem to serve the 
city of New Orleans well to have two voices in the Congress to 
fight for the urban needs of that city. 

I trust this will be helpful to you in responding 
to the Justice Department. 

Sincerely, 

2 Foot 0 Haan _ 
Attachments  



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ATTACHMENT "A" 
  

STATEMENT BY 
  

GOVERNOR DAVID C. TREEN 
  

This is a statement by Governor David C. Treen which 
constitutes a portion of the response to paragraph 10. 

During the special session of the Legislature in November 
of 1981, I responded several times to questions by newsmen 
about the proposal being urged by some in the Legislature 
which would concentrate blacks in the second congressional 
district so as to create a majority black district. I stated 
that I had no objection to a majority black district per se, 
and that my objections to that particular reapportionment plan 
had to do with the configuration that would result to other 
congressional districts. At a press conference on November 9, 
1981, I stated, in pertinent part: "I question whether the 
interests of the black people...of that city are better served 
by concentration in one district, or by having a large and 
substantial voice, a chance to influence the policy and the 
decisions of two congressmen, which they have...which they 
would continue to have under this arrangement (referring to 
my final proposal to the Legislature) ." 

While I do not believe that my own thought processes are 
relevant to the constitutional question of whether the act of 
the Legislature is valid or not, nevertheless, I am happy to 
try to provide some insight into my thinking at that time. 

Some of this is subjective, but necessarily so in view 
of the question that has been posed. 

It should be rememberd that I served in the Congress of 
the United States for seven years. I represented the third 
congressional district, a substantial portion of which was 
made up of areas suburban to New Orleans. I was able to 
observe the performance of the representatives from the 
first and second congressional districts. I was also privy 
to private conversations and comments which, of course, never 
appear in the Congressional Record. From that experience I 
am satisfied that the two representatives worked diligently 
for the city of New Orleans and, relevant in this context, 
were sensitive to the needs, feelings and desires of the 
substantial black population in the first and second districts. 

The present representative of the first district, Robert 

Livingston, has made a separate presentation to the Justice 
Department which covers his sensitivity to the needs of his 
black constituents. It would be redundant for me to try to 
cover the same ground and, obviously, it could not be as com- 

prehensive. But I do know, from first-hand experience, of his 
sincere and dedicated effort to represent in a meaningful way 

the black constituents of the first district.  



a 
Attachment "A" 
Statement by Governor David C. Treen 
Page 2 

With regard to the second district, there can hardly be 
any dispute about the responsiveness of Congresswomen Boggs 
to her black constituents. My observations, gained from 
personal experience, are shared by all objective observers. 

I did not serve with Congressman Tauzin of the third 
district. He succeeded me in the Congress. For that reason, 
I have no first-hand experience, but I do not believe that 
the composition of the third district is relevant to the 
issue. I presume that what is being focused on is the com- 
position of the congressional districts in which the city 
of New Orleans is located. No part of the city of New Orleans 
is or has ever been in the third district. 

My observation that blacks might better be served by having 
a strong voice in two congressional districts was not meant to 
imply that under such an arrangement a black could not be elected 
to the Congress. To the contrary, both of these districts could 
elect blacks to Congress. With 44.5% black population in the 
second district, it is not only possible, but quite likely that 
a black candidate will be elected to Congress. I say this because 
of a pattern of bloc voting by the black component of the district. 
I am not defending nor condemning this practice. I am simply 
observing the fact that this often occurs. A black defeated a 
white candidate for mayor of the city of New Orleans four years 
ago when the black registration in the city of New Orleans was 
43%. That same black mayor, Dutch Morial, although acknowledged 
to be a controversial figure, was re-elected by a substantial 
margin a few weeks ago. In the same election, a black was 
elected Civil Sheriff by 58% of the vote against his well-financed 
and well-connected white opponent. Blacks constituted 46.5% of 
the registered voters. 

It is interesting to note the observations of others on 
this fundamentally philosophical question of whether it is better 
to concentrate black strength in a small area or to preserve its 
influential character in a larger area. According to the Baton 
Rouge Morning Advocate of September 20, 1981, Rupert Richardson, 
President of the Louisiana NAACP, "said, a black majority district 
isn't necessarily in the interests of black citizens. 'I'm not 
at all convinced that one black congressman is better if it meant 
losing two of our strongest supporters, Mrs. Boggs and Mr. Long, 
Mrs. Richardson said." I do not suggest by this reference that 
Mrs. Richardson does not support the proposal for black concen- 
tration in the second congressional district; I only intended the 
reference as an indication of her apparent belief that two strong 
supporters of the black community, even though white, might be 
better than having one black congressman. 

  

 



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Attachment "A" 

_ Statement by Governor David C. Treen 
Page 3 

The premise that minority voters are better served by 
concentrating in one district is challenged by the Michigan 
Law Review, Volume 74, Page 820, from which I quote: 

"Furthermore, if minority voters vote actively as 
a bloc, they may be able to exert greater influence 
if their community is split into several districts 
rather than consolidated into a majority in a single 
district. For example, if a minority community can 
be divided into three districts in which it comprises 
twenty per cent of the voting population, and if in 
each district the minority vote is necessary to the 
success of a candidate, then the minority influence 
may be far greater (and minority access therefore more 
likely) than if the minority vote were clumped into a 
single district in which it comprised a sixty per cent 
majority. Thus, if the goal is to ensure access to the 
political process by guaranteeing that minority voters 
will have a significant influence upon candidates, 
proportional representation may not only be an unnecessary 
means of achieving this goal, but may actually be less 
effective than other 'less drastic' alternatives." 

In a footnote to the quoted passage the author states: 

"The dispute over which is more beneficial is starkly 
illustrated in Wright v. Rockefeller, 211 F. Supp. 460 
(S.D.N.Y. 1962), affd., 376 U.S. 52 (1964), where Black 
plaintiffs attacked a plan that concentrated Black 
citizens in one district as unconstitutional, 211 F. 
Supp. at 460-61, while Black intervenors defended it, 
contending that concentration of minority voters in a 
single district made them more effective, 211 F. Supp. 
at 464-65." 

Let me be emphatic on this point: I did not push any 
legislative proposal at any time because it would have the 
effect of spreading the black vote between or among several 
districts. As a matter of fact, all three of my original 
proposals would have increased black population in the 
second district to 43.5%. What I did do was to question 
the appropriateness of a deliberate, conscious drawing of 
congressional district lines for the deliberate purpose of 
achieving a majority black district. I observed that such 
motives were totally inconsistent with our goal of a homo- 
genous society. In fact, it is demeaning to blacks to suggest 
that they must be in an absolute majority in order to effect 
the election of a member of their race. It is also demeaning 
to them to suggest that they will always vote along racial 
lines. 

   



° 
Attachment "A" 
Statement by Governor David C. Treen 

"Page 4 

I observed that such a practice could lead to polarization 
of the races, not harmony. This thought was also held by the 
late United States Supreme Court Associate Justice, William 
Douglas, a strong civil rights advocate. Justice Douglas said: 

"Racial electoral registers have no place in a society 
honoring the Lincoln tradition 'of the people, by the 
people, for the people.' The individual is important, 
not his race, his creed, or his color. The principle 
of equality is at war with the notion that District A 
must be represented by a Negro, as it is with the notion 
that District B must be represented by a Caucasian, 
District C by a Catholic, and so on. The racial electoral 
register system weights votes along one racial line more 
heavily than it does other votes. That system by whatever 
name it is called, is a divisive force in a community, 
emphasizing differences between candidates and voters 
that are irrelevant in the constitutional sense. Of course, 

race, like religion, plays an important role in the choices 
which individual voters make from among various candidates. 
But government has no business designing districts along 
racial or religious lines." 

  

  
  

  

(Emphasis supplied) 

(Douglas dissenting opinion, Wright v. Rockefeller, 376 
U.S. 52,66 (1964).)