Anderson v. Westinghouse Savannah River Company Amicus Brief
Public Court Documents
April 23, 2003
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Brief Collection, LDF Court Filings. Anderson v. Pass Christian Isles Golf Club, Inc. Supplemental Appendix, 1974. 8ed00639-ac9a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ce20d72b-b499-4b69-bf83-c1355acb5e53/anderson-v-pass-christian-isles-golf-club-inc-supplemental-appendix. Accessed April 06, 2025.
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SUPPLEMENTAL APPENDIX
IN THE
UNITED STATES
COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No .73-2625
REUBEN V. ANDERSON, ET AL.,
Plaintiffs-Appellants
versus
PASS CHRISTIAN ISLES GOLF CLUB, INC.,
and its manager, LEE KNIGHT,
Defendants-Appellee
Appeal from the United States District Court for
the Southern District of Mississippi
I N D E X
PAGE NO.
WITNESSES:
Jack H. Young, Jr.—— — -— ----________ n
Reuben V. Anderson-— - — —--- -- — ---— — - 26
George Henry Lee, Jr.------------- -----— ------ - 39
James J. LaFont-— --- -— — ----- -— — -- ----— — 48
L. A. Koenenn, Jr.— — — ------------ ----- — -- — — 53
Russell Elliott-- ------ ------------ -------- --- - 62
Leland B. Knight— ----------- -------------------- — 79
IN THE
UNITED STATES
COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NO. 73-2 625
REUBEN V. ANDERSON, ET AL.,
Plaintiffs-Appellants
versus
PASS CHRISTIAN ISLES GOLF CLUB, INC.,
and its manager, LEE KNIGHT,
Defendants-Appellee
Appeal from the United States District Court
for the Southern District of Mississippi
SUPPLEMENTAL APPENDIX
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO. 73S-9(C)
REUBEN V. ANDERSON, ET AL.
V.
PASS CHRISTIAN ISLES GOLF CLUB, INC., ET AL.
Before:
HON. WILLIAM H. COX,
District Judge
Biloxi, Missi
April 26, 197
APPEARANCES:
Hon. Melvyn R. Leventhal,
P. 0. Drawer 280,
Jackson, Ms. 39202.
FOR THE PLAINTIFFS.
Hon. Walter J. Phillips,
Hon. Walter Gex,
Merchants Bank Building,
Bay St. Louis, Ms. 39520.
Hon. George E. Morse,
P. 0. Drawer 100,
Gulfport, Ms. 39501.
FOR THE DEFENDANTS.
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3.
BY THE COURT:
What say the Plaintiffs?
BY MR. LEVENTHAL:
Plaintiffs are ready, your Honor.
BY MR. PHILLIPS:
Defendants are ready.
3Y THE COURT:
Tell me about this case, Mr. Leventhal.
BY MR. LEVENTHAL:
May it please the Court, this is a lawsuit brought
pursuant to Title 2 of the Civil Rights Act of 1964
against a golf club which does business on the Coast
in this area.
Plaintiffs are four residents of Jackson who traveled
to the Coast, checked into the Downtown Motel and attempted
to use the facilities of the Pass Christian Isles Golf
Club and were turned away allegedly becuase they were blac c
It is our position that the Golf Club is covered by
Title 2 and it is a place of public accommodations within
the meaning of Title 2. The Club is not a private club
within, the exception recognized by the Civil Rights Act
of 1964.
BY THE COURT:
Is it a country club?
BY MR. LEVENTHAL:
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4.
Ib It a country club?
BY THE COURT:
Yes.
BY MR. LEVENTHAL:
I don't know. I wouldn't characterize it as such,
your Honor. Perhaps the Defendants might.
BY THE COURT:
Is the club open to the public?
BY MR. LEVENTHAL:
Plaintiffs will take the position and attempt to
prove that it is. Yes, your Honor.
BY THE COURT:
And this is in Pass Christian?
BY MR. LEVENTHAL:
Pass Christian Isles Golf Club, yes, sir.
BY THE COURT:
All right, what say the Defendants?
BY MR. PHILLIPS:
If the Court please, we take the position that this
is a private club, that there are several classes or types
of people that can play. Not as far as their race or
national origin is concerned, but as far as their status
is concerned. We take the position that, one, members
of the club which is a country club type of operation;
guests of members, and then there are social memberships
ROBERT L. DAN IELS, JR.
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and then we have clergy. These types of memberships that
we have and we take the position that this is a private
club within the meaning of the statute. We admit in our
answer that the clients of the learned gentleman who
seems to believe that this is a public accommodation
were sent to the Club by a motel and they were denied
admittance. This is admitted and it is admitted in the
answer that this happened and it won't happen again under
the same circumstances. Under the circumstances, there
were actually two motels whose managers were members of
the Club and this is rather vague because in these country
clubs or golf clubs, the composition of the board changes
and at some time prior to the date of this occurrence
an understanding by some of the members of the board and
it might have been the board was had with the managers of
the motels that if they sent people as their guests they
wouldn't have to come personally with them and these
people could, of course, be occupants of the motel. So
we take the position that this is not a place of public
accommodation, that if these people were bona fide guests
of the motel, were actually sent, then we are sorry that
they were denied admittance on the basis of their color.
It was a mistake and we say it won't happen again under
the same circumstances.
PORPBT 8 nAWICI C I P ------------------------------------
BY THE COURT:
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Is the Rule invoked, Gentlemen?
BY MR. LEVENTRAL:
We won't invoke the Rule, your Honor.
BY MR. PHILLIPS:
No, sir.
BY THE COURT:
All right. Who do you have as your first witness?
BY MR. LEVENTHAL:
Your Honor, I would like to read into the record, wit!
the Court's permission, a stipulation which I believe the
parties have entered into. Counsel can correct me at
any point.
It is stipulated --
BY MR. PHILLIPS:
-- Mr. Leventhal, I will ask you to speak up a little
I have a cold and sinus trouble.
BY MR. LEVENTHAL:
It is stipulated by and between the parties that the
annual golf tournaments played at the defendant club
referred to in Interrogatory 6 -F and Defendants' Answer
thereto, involve as participants persons who reside outside
of the State of Mississippi and travel to the Club to par
ticipate in these tournaments.
It is further stipulated that products sold at the
"Pro Shop" owned and operated by the Defendant Club, as
ROBERT L. DANIELS. JR.
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referred to in Answers to Interrogatory Number 23 have
moved in interstate commerce; further that the golfing
carts and components thereof were manufactured outside
of the State of Mississippi and move in interstate com
merce .
BY MR. PHILLIPS:
I don't know whether those golf clubs were manufacture
in the state. I am sure that the components were not.
I think there is a golf --
Do you know where those golf carts were manufactured?
BY ONE OF THE DEFENDANTS:
I think some of the parts were manufactured up
here in Mississippi at Lanier. Lanier parts were manu
factured in Mississippi.
BY MR. PHILLIPS:
Some were but some were out of state.
BY THE COURT:
Is that a stipulation?
BY MR. LEVENTRAL:
Your Honor, I thought that we had agreed to it as
I stated it but I will modify it to the extent that some
golfing carts were.
BY MR. PHILLIPS:
I had agreed with him, rather than go back and get
these people to look at serial numbers and all that he
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wantoo , that there was equipment that was sold, golf clubs
golf balls, golf shoes, shirts, the general apparel and
equipment sold in a golf pro shop had at one time or
other traveled in interstate commerce, that they were
not manufactured in the State of Mississippi. We don't
have facilities to manufacture all of these things.
3Y THE COURT:
Were these items bought by the pro from some dealer
in Mississippi who bought them in interstate commerce
or were they ordered directly?
BY MR. PHILLIPS:
Yes, sir.
BY THE COURT:
So they had come to rest. Do you want to stipulate
to that?
BY MR. LEVENTHAL:
Yes, your Honor. They had traveled in interstate
commerce.
BY THE COURT:
At one time or another in its history it had traveled
in interstate commerce but not from some place outside
Mississippi to the pro in Mississippi. Is that right?
BY MR. LEVENTHAL':
That1s fine.
BY THE COURT:
ROBERT L. DANIELS, JR.
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Do you have a copy of the stipulation there?
BY MR. LEVENTHAL:
Only in my own hand, your Honor, I can reduce it
to writing.
BY THE COURT:
You see, I don't have a transcript of the testimony
when I start writing an opinion in these cases and I
have got five cases under advisement down here and three
in Jackson, so I can't carry those things in my mind.
3Y MR. LEVENTHAL:
I will submit it to the Court in writing.
BY THE COURT:
All right.
BY MR. LEVENTHAL:
Plaintiffs offer into evidence their only set of
Interrogatories, they are dated January 9, 1973 and
Defendants' Answers thereto dated April 3, 1973 with
exhibits attached thereto, all exhibits attached thereto.
BY THE COURT:
Let's get those things out and be sure we are talking
about the same thing.
BY MR. PHILLIPS:
Excuse me, Mr. Leventhal, did you not get the copy
of the Interrogatories that were answered by Mr. Knight?
BY MR. LEVENTHAL:
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Ye§, I am referring to answers of all Defendants.
BY MR. PHILLIPS:
I thought you said you only had one copy. There
were two separate answers.
BY THE COURT:
Just see that you get the same thing you are talking
about in the Clerk's hands. That's all of them?
BY MR. LEVENTHAL:
Yes, your Honor.
BY THE COURT:
All right, that may be entered and be marked Brad
them together so they can't come apart.
(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-1)
BY MR. LEVENTHAL:
At this time, your Honor, I would like to have
marked for the purpose of identification only eight
documents which will be referred to during the course
of trial.
BY THE COURT:
I will let you put it in later.
BY MR. LEVENTHAL:
Later, your Honor?
BY THE COURT:
Well, when youget ready to offer them, at one time.
(PLAINTIFFS CALLED JACK H. YOUNG, JR. AS A WITNESS)
ROBERT L. DANIELS, JR.
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11.
MH. JACK li. YOUNG, -JR., vas thereupon called as a witness
on behalf of the Plaintiffs, and having been duly sworn, testi
fied on his oath as follows:
DIRECT EXAMINATION
BY MR. LEVENTHAL:
Q. Would you state your full name please?
A. Jack H. Young, Jr.
Q. And where do you reside, Mr. Young?
A. In Jackson, Mississippi.
Q. How long have you lived in Jackson?
A. Practically all my life.
Q. And what is your occupation or profession?
A. I am an attorney.
Q. How long have you practiced law?
A. Three years.
Q. Mr. Young, do you recall events of February 1972 at
which time you traveled to the Coast to play golf?
A. Yes, I do.
Q. Would you tell us in your own words how you learned
— would you tell us what led you to travel to the Coast to
play golf at that time?
A. Well, on one particular day, I don't happen to know
the exact date, 1 was in the office of Attorney Eddie Tucker
who happens to be a plaintiff in this case and he had indicated
to me that he had received some literature in the mail from
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the Downtowner Motor Hotel about a golfing weekend and so he
related this to me and showed me the little advertisement and
asked me what about let's going down and play some golf, so
immediately I asked, "Well, what golf courses will we play?"
He said, "We will play Edgewater and another golf course, like
a country club." I told him I wasn’t particularly interested
in playing Edgewater because I had been down here and played
that golf course about three or four times, but he assured me
we would be able to play a couple of golf courses and all this
would just cost $21.00 including room and board and green fees.
So we contacted a couple of more people, Attorney Anderson and
George Lee and we decided to get together and come down and
avail ourselves of the golfing weekend special offered by the
Downtowner Motor Hotel.
Q. All right, did you then travel to the Downtowner
Motor Hotel in Gulfport?
A. Yes, we did. I think it was on February 25th or
26th. It was on a Friday. We came down and checked into the
Hotel and after we had gotten rested and everything they gave
us passes to go play Edgewater. So we played Edgewater that
particular day, the same day we checked in, after which we
came back and played some golf on another course. The follow
ing day we were supposed to play Pass Christian Isles and we
went down --
Q. -- Excuse me. How did you know you were to play
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the Pass Christian Isles?
A. Well, they had indicated to us when we had gotten
our tickets for Edgewater that we would play Edgewater today
and Pass Christian Isles the next day. This other golf course.
So we got the passes to Edgewater and played it and came back
to the Hotel and had a nice night out on the town and so the
following day we went down to the desk to get some passes to
play Pass Christian Isles.
Q. You say the desk, the desk at the Downtowner?
A. That’s correct.
Q. All right.
A. And the Clerk -- not the Clerk, but the Manager or
somebody didn't have the tickets or the passes but he said he
would just simply make a call out there and so he called the
people, as we understood it and told them that we were on our
way, four golfers from the Downtowner Motor Hotel on this
package.
BY MR. PHILLIPS:
If the Court please, I think the witness has been
indulging in a little heresay, the Clerk told him somebody
else did something. I would usually make that objection
more promptly before a jury but I am sure your Honor
can recognize that as such.
BY THE COURT:
All right, go along.
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BY MR. LEVENTHAL: (continuing direct examination of Mr. Young)
Q. All right, continue, Mr. Young.
A. Well, the Clerk, in our presence, called the Pass
Christian Isles Golf Course, told somebody there, I don't know
who, that four golfers were on their way. So we proceeded to
go to the Pass Christian Isles Golf Course. And he directed us
to us, told us the general directions to get there.
Q. Who is he?
A. The person that was on the desk. The person who made
the call. Well, not being that familiar with that part of the
Coast we had to stop and ask directions at a service station
and a little later on we saw signs on Highway 90 indicating
that Pass Christian Isles was down across and bridge and so on.
Q. How many signs approximately did you see on U. S. 90
giving directions to Pass Christian Isles Golf Club?
A. I don't remember but one sign, one kind of large
sign on Highway 90 and that was right at the point that you
turn off of 90 onto the other road that leads to the Golf Cours<
After we turned off of Highway 90 there were several smaller
signs indicating which way to turn, left or right, and as we
proceeded to come up on the Golf Course, the way it was situate'
you had to kind of drive around through the Golf Course to get
to the Clubhouse and so we were very excited about this new
Golf Course because it looked real pretty and a real fine
layout and we had kind, you know, in the course of coming to
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the Clubhouse, you kno/j, we were really anticipating playing it
because it looked like a very very good golf course. So, once
we got to the clubhouse there was a black fellow out there
watering the grass or something and as soon as he saw us he
immediately went around the side of the building and could no
longer be seen, so as we walked in, got out of the car and walk*
in the Clubhouse, we were met by Mr. Lee Knight who happened to
be the Assistant Pro or the Pro or what have you.
Q. How did you know what his name was?
A. We asked him later, after he had refused to let us
play.
Q. All right.
A. Well, we walked in and he asked — I don't remember
the exact words but just what I think he said -- we walked in
and he said, "Can I help you gentlemen?" or something like
that and we indicated that we were from the Downtowner Motor
Hotel and were ready to play some golf, I think somebody had
called. He said, "Well, I am very sorry..." — He was very
nice too. He said, "I am very sorry but we can't let you play. ’
And so somebody in the group, I think it was Attorney Tucker
asked him, "Why not?" and he said, "Well, you know why." Just
like that. And so Attorney Tucker asked him, "What do you mean
'you know why', is it because we are black?" And he said,
Yes." Attorney Tucker asked him again at this point, "Do you
mean to tell me we can't play golf because we are black?" and
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he said, "Yes" again. So, upon his telling us the second time
that we couldn't play because we were black somebody asked his
name, "Who are you?" You know, and he told us his name was
Lee Knight and his position — somebody wrote his name down
and we promptly went back to the Downtowner Motor Hotel and
informed them what had happened and it had really spoiled our
weekend, really.
Q. Did you know the Motel Manager personally?
A. No, I did not.
Q. Did any member of your group, as far as you know,
know the Motel Manager personally?
A. Not to my knowledge.
Q. Could you tell us what your out-of-pocket expenditure 3
were for that trip to the Coast?
A. Well, we left early — after we checked out of the
Downtowner Motor Hotel upon our refusal at the golf course at
Pass Christian Isles, I think we came back and played the
Edgewater again and it was kind of redundant, you know, but we
were so mad or angry at the Downtowner Motor Hotel for, you kno\
haying us come all the way down here and not being able to play
this gold course, we left right after playing Edgewater the
second time. I would imagine I must have spent about a hundred
dollars that weekend, total, including transportation, room
and board, green fees at the Edgewater which we had to pay
again, and so forth.
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Q. Let me ask you again, would you have traveled to
the Coast had you known that you could not play the Pass Chris
tian Course?
A. Definitely not because I had played Broadwater Beach
and Edgewater and the public golf course several time and the
main inducement for my coming down here was to play Pass Chris
tian Isles. I very definitely wouldn't have come.
Q. Would you describe your personal feelings at the time
you were refused access to the Pass Christian Isles?
A. I was just kind of hurt because, like I said, when
we came into the golf course, riding to the clubhouse it looked
like a real fine layout and I was very very hurt to find out
that because we were black, you know, they wouldn't allow us
to play and I was very hurt. In fact, it messed up the whole
weekend, really. I think I shot about a 90 after that refusal.
BY MR. LEVENTHAL:
I have nothing further, your Honor.
CROSS EXAMINATION
BY MR. PHILLIPS:
Q. You say you are a resident of Jackson?
A. That's correct.
Q. You have lived there for how long, sir?
A. Well, I lived there until I was about eighteen at
which time I went off to college and law school and 1 returned.
Q. Do you play golf in Jackson?
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A. That's correct.
Q,. Do you play at the municipal course out there?
A. We play at Municipal, Grove Park, a couple of courses
the re.
Q. You played those courses more than once, have you
not?
A. Oh, yes. We play those on weekends.
Q. You get pretty good enjoyment seeing if you can
improve your score over the same course, don't you?
A. Well, not really because, you know, we play them so
much and so regularly that we become accustomed to them and
they don't really offer a challenge so we generally travel
around as much as possible playing the course. Two weeks ago
we were in Meridian playing Lakeview Country Club Golf Course.
Q> Now, when you came on this golfing trip, it was for
how many days?
A. It was two days. It was one night and two days.
Q. Two days and one night?
A. That's correct.
Q. You played at Edgewater one day?
A. That's correct.
Q. And you said another course?
A. And Edgewater the second day.
Q. Before you went to Pass Christian?
A. No. After we were refused at Pass Christian Isles
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we had no alternative but to go back and play Edgewater again
the second day.
Q. You are a practicing attorney, sir?
A. That's correct.
Q. And you Maintain your regular hours, not Mr, Leven-
thal's hours, but your hours.. What time are your hours?
A. Well, I generally get in the office about 8:30 in
the mornings and leave anywhere from five to seven, depending
upon what I have to do and on the weekends I am generally in
my office if I am not playing golf. I am a private practitione;'
Q. Yes, sir. You came down on a Saturday morning? That
was the 26th. The 26th was a Saturday.
A, Very early on Saturday morning.
Q. All right, you went to the Motel, checked in and then
went to play Edgewater.
A. Well, they directed to Edgewater, right.
Q. And you came back and you got no card or anything
for Pass Christian, did you?
A. No, sir, we certainly didn't. But they indicated
that we would play Pass Christian Isles.
Q. The 27th was a Sunday, was it not?
A. That1s correct.
Q. So, then after you were refused, you say Mr. Knight
was quite nice?
A. Yes, he was very nice.
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Q. Did he try to embarrass you or humiliate you or
anything?
A. No, but his refusal was humiliation and embarrassment
in and of itself, right there.
Q. Didn't he tell you he was very sorry and he said he
was a nice fellow and he said you were a nice fellow too, didn’n
he?
A. Yes, he indicated all that but we still couldn't play
on the Golf Course,
Q. Well, you smiled at him, didn't you?
A. Oh, yea, we smiled. I mean--
Q. Did you exhibit any outward signs of anger or
humiliation?
A. Well, if you are asking me did I cry, no I didn't.
Q. I didn't ask you that, sir. I said any outward
signs. That's one manifestation.
A. Well, I didn't have any outward hostility towards
Mr. Knight because I figured he was doing his job as he was
directed to but I was very hurt that I couldn't play Pass
Christian Isles.
Q. So then you went back and played another round of
golf at Edgewater?
A. Yes, we reluctantly went back and played. After we
were refused, it kind of dampened everybody's spirit and kind
of spoiled our day and rather than just going back to Jackson,
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you know, we decided we would Just check out and go play some
golf.
Q. You say you shot a ninety?
A. Probably a little better than that that day.
Q. What did you shoot the day before?
A. I can't remember. You know, it is up and down.
Q. You were so upset the next day that you remember what
you shot but when you were calm you couldn't, is that it?
A. I know that ray score the following day was much
higher,
By THE COURT:
Can you get both of them talking at the same time?
BY THE COURT REPORTER:
It is difficult, Judge.
BY THE COURT:
Now, try it over. Both of you are lawyers.
BY MR. PHILLIPS: (continuing cross examination of Mr. Young)
Q. I will try to finish my question. On the day before
when you were not upset you could not remember your score,
but on the following day when you were upset you remember you
shot in the nineties or above ninety?
A. That's correct.
Q. Any explanation?
A. Well, generally my game is between 80 and 90,
anywhere in there. Not 80 or 90, but I generally stay in the
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middle eighties, but I specifically remember that the following
day that we went to Edgewater, you know, it just seemed like
X lost all touch because, you know.
BY THE COURT:
When they refused you admission at the Pass, did you
go back to the Downtowner and tell them what happened?
BY THE WITNESS:
Yes, sir, we did. We informed the Clerk — the perso:
on the desk that they had refused us to play out there.
BY THE COURT:
What did they say or do about that?
BY THE WITNESS:
Well, I think, as I recall — it has been just about
a year, your Honor, I think the person on the desk tried
to contact the manager and I think he was out and so that
person on the desk didn't know what to do so we just
decided to check out, but I think they might have offered
to refund our money for one day or something like that.
BY MR. PHILLIPS: (continuing cross examination of Mr. Young)
Q. Now, sir, did you subsequently bring this to the
attention of anybody in authority at the Pass Christian Isles
Golf Club, the President of the Board, to say that you had beer
denied admittance?
A. Well, the only — when we were turned around we left
and my being from Jackson, I didn't know who was the President
ROBERT L. DAN IELS. JR.______________ ___________________
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or what and we just immediately left after we were turned
around by the official of the Club.
Q. Subsequent to going back to Jackson and prior to
filing this lawsuit, did you seek out anybody at the Pass
Christian Isles Golf Club or write them a letter and say, "You
did me wrong and I would like an explanation and I would like
to go back or I want an apology" or did you attempt in any
way to see what was back of this.?
A. Well, I was so indignant or so angry by my refusal
I wanted to file suit that day. I wanted to have a complaint
waiting in the Federal District Court the next morning and after
I had been turned around I was really not interested in an
apology at that time. I wanted to lash out at the Golf Club,
you know, that's how X felt about it but no, I didn't contact
anyone. We immediately came back and turned it over to Mr.
Anderson's law partner, Mr. Mel Leventhal and asked him to
file the Complaint to see if we could get some kind of redress
from the Courts.
Q. Did you go to Ole Miss?
A. No, I went to Howard University and Washington Law
School.
Q- You didi't go to school with Mr. Jason Floyd, it must
have been one of the members or fellow Plaintiffs, is that
right?
A. Mr. Anderson went to Ole Miss.------ R O B E R T L - D A N I E I S . JH I
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Q. I believe, sir, you said you wanted to file suit
immediately?
A. Yes.
Q. And then you cooled off for about a year, is that
right?
A. No, as I understand it, we all met in Attorney Leven-
thal's office, I think the following Monday or Tuesday and
indicated to him that we wanted to file suit and since we were
involved we couldn’t do it ourselves and so we just turned it
over and left it in his hands. When this action was filed
I don’t know, but he indkcated to us like all lawyers do --
Q. -- Like what, Sir? I'm sorry?
A. He indicated to us that he was in the process of
working on the case and gave us the typical run-around that
lawyers do.
Q. Another thing, you mentioned a large sign indicating
Pass Christian Isles. Was this Pass Christian Isles Golf
Course or Pass Christian Isles?
A. I really don't know. I know the sign indicated the
Pass Christian -- I mean, the Golf Course, you take a right
off of Highway 90.
Q. Approximately how big is that sign, sir?
A. We are talking about something over a year but I
would think it must have been about three or four feet in
length.
ROBERT L. DANIELS. JR
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Q. You have indicated about three or four feet in
length and about how big in width?
A. Couple of feet in width. It is a very large sign.
You could -- it is easily identifiable off of the highway.
Q. Is it square or rectangular?
A, I think it was square.
Q. It wasn’t in an arrow shape was it?
A. I ’m sorry, rectangular, I'm sorry.
Q. It wasn't a billboard type that you saw?
A. No, it wasn't a billboard type. You know, It wasn't
a big large billboard type of a sign, but it was a large sign,
I would imagine about the heighth of a car lenth, you know
off of the ground, you know, as I remember it, it seemed to
me you just drive down and as you look out the window you see
the sign and don't have to look up or anything.
Q. It wasn't advertising, "Come one and come all to
Pass Christian Isles Golf Course"?
A. No, It was just indicating which direction the
golf course was in.
Q. Wasn't it in fact an arrow that was about two and
a half to three feet long and about six to eight inches in
width? About that? Six to eight inches?
A. I can't remember an arrow.
Q. Now, sir, how small were the small signs that you
saw?
e ta
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A. I would imagine about the size of that tape recorder.
I am not positive, now, because we are talking about something
a year ago, but I know they were much smaller than the large
sign on 9 0 •
Q. Yes, sir, in other words, they were not big signs
proclaiming to the World, "Here is Pass Christian Isles Golf
Course, come one and come all."
A. No, sir, the smaller signs were indicating which
way to go after you turned off of 9 0 .
Q. Did you see any sign of a billboard size?
A. No, I didn’t.
BY MR. PHILLIPS:
That's all.
BY MR. LEVENTHAL:
We have nothing further from this witness.
BY THE COURT:
You are excused.
MR. REUBEN V. ANDERSON, was thereupon called as a witness
on behalf of the Plaintiffs, and having been duly sworn,
testified on his oath as follows:
DIRECT EXAMINATION
BY MR. LEVENTHAL:
Q. State your full name, please?
A. Reuben V. Anderson.
Q. Where do you live, Mr. Anderson?
ROBERT L. DANIELS. JR
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A. I live in Jackson, Mississippi.
Q. And what is your profession?
A. I am a practicing attorney.
Q. How long have you practiced law?
A. It will be six years in June.
Q. Mr. Anderson, were you in the courtroom during Mr.
Young’s testimony?
A. Yes, I was.
Q. were you a member of the party he referred to as
having traveled to the Gulf Coast to play golf and participate
in that golfers holiday package?
A. Yes, I was one of the four.
Q. Mr. Anderson, the Marshal will hand you a document
and I’ll ask you to identify it for us, please?
A. This appears to be a xerox copy of Golfing Magazine
which I subscribe to.
Q. Would you read an entry on the last page, please,
which lists or records the name of the Pass Christian Isles
Golf Club?
A. Yes, on page 6 3 there is an indication in this golf
book that Pass Christian Isles Country Club, Pass Christian,
green fees $5 - 5 0 for 18 holes, there is a 6,400 yard par ?2
golf course.
Q. Will you read the entry right tip above that? The
introductory paragraph?
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A. It says, Mississippi Gulf Coast courses. Many inns
and motels in this area offer golfing privileges to their guests
at the following, and it is one of the following, along with
Edgewater Gulf, St. Andrew's Golf Course, Sunkist and two
others.
Q. Is that a magazine you subscribe to?
A. Yes, it is.
Q. Do you know if it has a national circulation? As
far as you know?
A. To my knowledge it has a national circulation.
BY MR. LEVENTHAL:
We offer that into evidence, your Honor.
BY THE COURT:
Let it be marked.
(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-2)
BY THE COURT:
All right, go along, Counsel.
BY MR. IEVENTHAL: (continuing direct examination of Mr. Anderson
Q. Mr. Anderson, were you present at the time that Mr.
Lee Knight refused your party admission to the Pass Christian
Isles Golf Club?
A. Yes, I was there when he told us, responded to a
question saying that he would not allow us to play because
we were black. He also stated that he was of the opinion that
this had been straightened out with the Downtowner.
ROBERT L. DANIELS, JR.
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BY MR. PHILLIPS:
I'm sorry, I didn't hear that.
BY THE WITNESS: (continuing)
A. He made a statement that he was of the opinion that
he had straightened this out with the Downtowner Hotel.
Q. Mr. Anderson, would you have traveled to the Gulf
Coast to play golf merely at the Edgewater or the Broadwater
Beach?
A. No, I would not have. I have played those courses
on several occasions and I was aware of this Gulf Course at
Pass Christian Isles from reading about it in this very publi
cation and I was interested in playing it.
Q. Did you have any — did you know personally the
Motel manager of the Downtowner?
A. No, I don't think I ever met him either.
Q. Was he present when you checked in?
A. I don't think he was. I don't recall seeing him
or talking with him.
Q. Do you recall observing any signs on Highway 90 on
your' way to the Club which mentioned or advertised Pass Christ!
Isles Golf Club?
A. Yes, I had never in recent years traveled west on
U, S. 90 and I didn't know where the golf course was and had
no idea. Although I was not driving we were "trying to get
directions and we were pointed to by someone in a service
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station to go down, I would say,, about a mile and at that point
we saw a sign that advised us to turn right and we followed
some other signs on to the golf course.
k- Mr. Anderson, did you telephone the Pass Christian
Isles Golf Club yesterday and if so, would you tell- us what
occurred, what was said during that conversation?
A. I made a c a l l--
BY MR. MORSE:
■ We object to that, if your Honor please. We don'u
know to whom he spoke and no proper predicate has been laid
BY THE COURT:
The only way you can find out is to ask him. Over
rule the objection.
BY MR. LEVENTHAL: (continuing direct examination of Mr. Anderson
Q. Go ahead, Mr. Anderson.
A. I made a telephone call to the golf club yesterday
and asked could I play golf.
BY THE COURT:
Tell us who you talked to.
BY THE WITNESS: (continuing)
A. I talked to — I asked the gentleman what his name
was and he said he would get someone for me and he went and
took a minute and someone came and answered the phone and I
asked him could I play golf that day and he told me yes, and
I asked him could I play this afternoon and he told me the
ROBERT !, QAMJEL5. IP
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green fee, I think, was five dollars and I told him I was not
a member and he said, "Well, that doesn’t make a difference,
come on." Before I could ask his name, he hung up.
Q. But it was someone -- the person who answered the
phone answered by referring to the Pass Christian Isles Golf
Club?
A. Yes, sir.
Q. And during this conversation did they tell you you
had to be a member or that you didn’t have to be a member?
A. I told them that I was not a member and asked him
could I play and he said, "Sure, come on . 11
BY THE COURT:
Did you tell him you were black?
BY THE WITNESS:
I didn't indicate one way or the other, your Honor.
BY MR. LEVENTHAL: (continuing direct examination of Mr. Anderso i
Q. For the record, is your voice pattern identifiable
as black?
A. Well, for that occasion I tried to speak in a tone
that would not indicate what my race was.
BY THE COURT:
Have you got two tones of voices? Can you talk
black or white?
BY THE WITNESS:
Not. exactly, your Honor, but I will speak on some
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occasions very distinctly and on other occasions I do not.
BY MR. LEVENTHAL: (continuing direct examination of Mr. Anderso
Q. Mr. Anderson* could you tell us what your personal
emotional and other feelings were at the time you were refused
admission to the Pass Christian Isles Golf Club last year?
A. Well, it is difficult to describe. I hadn't had
anything happen to me like that in about eight years and I
was shocked to begin with and I think that was one reason we
kept inquiring of Mr. Knight why we couldn't play because it
hadn't occurred to us that at this time at this point in
American black people would be denied the privilege of playing
golf on a course of this nature and it hadn't happened to me
in such a long time I was so shocked that I just didn't Know
what to think and it upset me for the rest of the day and, in
fact, for days to come after that I felt bad about it.
Q. Would you tell us what your out-of-pocket expenses
were for that weekend, please?
A. It would be just as a typical weekend. We probably
go outside of the City of Jackson and play golf at least once
a month and a weekend like that would generally cost in excess
of a hundred dollars and this was probably typical.
BY MR. LEVENTHAL:
Nothing further, your Honor.
CROSS EXAMINATION
ROBERT L. DANIELS. JR.
BY MB. MORSE:
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Q. Mr. Anderson, the events sued upon here occurred
in February of 1972, is that correct, sir?
A. Yes.
Q. Do you know as a matter of fact that this suit was
not filed until January of 1973?
A. Yes, I do.
Q. During the period of time intervening between the
events and the suit being filed, do you, or did you or your
attorney in your behalf ever endeavor to contact any official
of Pass Christian Isles Golf Club to ascertain whether in fact
Mr. Lee Knight was expressing the stated policy of the club to
exclude black guests, of motels sent by the motels to the club?
A. Are you asking me did I contact the club?
Q. I asked did you or your attorney in your behalf
ever do that?
A. Well, you would have to inquire of my attorney, but
I did not.
Q. I am asking you of your own knowledge did your
attorney do it?
A. Well, to be truthful with you, when the matter was
turned over to him I have not discussed this matter except
three days ago we had a meeting.
Q. Well, you yourself are an attorney, aren't you?
A. I practice law, that's right.
Q. Is it not your policy representing a client to
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endeavor to avoid litigation if possible and try to work things
our amicably?
A. Arc you asking me? On certain occasions* yes.
Q. Yes.
A. Depending on what type of matter it is.
Q. It would be a simple proposition for you or your
attorney In your behalf to have written.a letter to the golf
club and try to ascertain whether in fact Mr. Knight was
stating the policy of the Board* wouldn't it?
A. Wo. My practice of law involves something that's
strictly private. I don't practice any Federal matters nor
civil rights matters. This matter was turned over to Mr.
Leventhal to handle the best way he saw fit and I made no
inquiries of him to find out how he was handling it.
Q. You state to the Court that you do not practice
any civil rights matters?
A. No* I do not.
Q. Isn't it a fact that you were one of counsel in the
case of Johnnie Ray Lee versus Southern Home Sites?
A. I never made an appearance in Court. My name was on
the pleadings because I am a member of the lawfirm of Anderson*
hanks;.* Nichols and Leventhal.
Q. Your name is on the opinion decided by the Fifth
Circuit in 1972* isn't it?
A. I would assume that they put it on there but I never
ROBERT L. DANIELS IR
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Wiude an appearance before the Fifth Circuit Court of Appeals,
United States District Court or no other Court in that case.
Q. All right, sir. Let's get back to my question. My
question is this and goes to this point, that between the event 3
occurred on which suit is brought, and the time suit was filed,
to your knowledge your attorney made no effort to contact
Pass Christian Isles Golf Club.
A. You would have to make that inquiry to Mr. Leventhal.
Q. I am asking you of your own knowledge.
A. I never asked him.
Q. All right.
A. I can tell you that he wanted to discuss settlement
with the Defendants and I would assume that he did but it
didn't work out because we are at trial today.
Q. You don't know whether your attorney made any
overtures in that regard, do you?
A. Concerning settlement?
Q. Yes, sir.
A. Yes.
Q. You do know of your own knowledge?
A. well, I'll tell you what we decided, that we would
make an offer to the Defendants and I am sure that that offer
was made.
q. I am asking you if you know of your own knowledge
whether it was?
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A. No, I do not.
Q. Thank you. Now, do you know the contents of the
Answer filed by Pass Christian Isles Golf Club in this cause?
A. No, I do not.
Q. You haven't familiarized yourself with it?
A. No, I do not.
Q. Do you know the name of the individual that you conta<
ed by telephone yesterday?
. A. No, I do not.
Q. You do not know any possible for you to know whether
he was stating the policy of the club?
A. I gathered from his conversation that he knew the
policy of the club.
Q. Yes, sir. Do you know of your own knowledge or have
you familiarized yourself with the organization of this golf
club through answers to interrogatories?
A. No, I know nothing of this golf club except the time
that I rode upon it and was turned away.
Q. I believe it is your testimony that your group's
purpose in coming to the Gulf Coast was to play the Pass Chris
tian Isles Golf Club?
A. No. % purpose was to come and play golf. I play
golf practically every weekend, Saturday afternoon and Sunday
and my purpose was to play golf. I wanted to play the Pass
Christian Isles Golf Course.
ROBERT L. DANIELS. JR
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37.
BY THE COURT:
Wasn’t that your primary purpose in coming to the
Coast?
BY THE WITNESS:
Our primary purpose in coming to the Coast was to
play Golf.
BY THE COURT:
But not at any particular course?
BY THE WITNESS:
Well, I wanted to play. I had played every other
course on the Coast that I knew of where I could play
and I wanted to play the Pass Christian course because I
hadn't played it before and that was a prime consideration
for us coming here because we generally go, like I said,
generally once a month outside the City of Jackson to play
golf and this was one course we hadn’t played in the State
and we wanted to play it.
BY MR. MORSE: (continuing cross examination of Mr. Anderson)
Q. Prior to the events here sued upon, had you played
Gulf Hills on the Gulf Coast?
A. Frankly that’s the first time I ever heard of it
when I read it in the book.
Q. Gulf Hills is mentioned in that same exhibit that is
cow in evidence?
A. Yes, I said that was the first time I ever heard of
o n a g r i n A M iF i j r
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it when I read it in the book.
Q. How about Sunkist Country Club?
A. I have heard of it but I don’t know where it is.
BY MR. MORSE:
That's all, your Honor.
REDIRECT EXAMINATION
BY MR. LEVENTHAL:
A. Mr. Anderson, did anyone call you or contact you
representing the Pass Christian Isles Golf Club after this
incident telling you that there was any mistake?
A. No, no one ever contacted me.
Q. Was that from the time of the incident to the time
of the filing of the suit?
A. Until the present time, no one has contacted me.
BY THE COURT:
I didn't understand the last part of your question,
telling you what?
BY MR. LEVENTHAL:
I will rephrase it, your Honor.
BY MR. LEVENTHAL: (continuing redirect examination of Mr. Ander
Q. Did any official of the pass Christian Isles Golf
Club contact you after the incident to apologize or make any
statement to you regarding the incident?
A. The only contact I have had with anybody was the
telephone call that I made yesterday back to the golf course.
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That is the only conversation I have had with anyone in any
connection with the Golf Course. No one has ever called me.
Q. Did you make that call at my instruction or request?
A. I did.
Q. That would include Mr. Lee Knight?
A. That would include Mr. Lee Knight.
BY MR. LEVENTHAL:
I have nothing further, your Honor.
(WITNESS EXCUSED)
MR. GEORGE HENRY LEE, JR., was thereupon called as a
witness on behalf of the Plaintiffs, and having been duly
sworn testified on his oath as follows:
DIRECT EXAMINATION
BY MR. LEVENTHAL:
Your Honor, before I begin with this witness, I
expected Mr. Eddie Tucker to appear and testify before
any of the other named Plaintiffs because he has certain
information that the other named Plaintiffs do not have.
I want to request the Court permission to vary the order
of proof and if Mr. Tucker doesn't arrive, he is an attornje
and he has a Federal matter before another Judge in this
Court in Jackson, as I understand it. I understand he
is on his way to the Coast but might not make it here.
BY THE COURT:
I don't ever concern myself with the order of
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Counsels' proof. You can put them on in any order that
you want.
BY MR. LEVENTHAL:
Well, I am saying that it might be necessary for me
to present him after Defendants have begun their case,
your Honor.
BY THE COURT:
All right, go along.
BY MR. LEVENTHAL:
Will that be all right, your Honor?
BY THE COURT:
Sure.
BY MR. LEVENTHAL: (direct examination of Mr. Lee)
Q. Will you state your name, please?
A. George Henry Lee, Jr.
Q. Where do you live, Mr. Lee?
A. Jackson, Mississippi.
Q. How long have you lived in Jackson?
A. Thirty-three years, about.
Q. Were you present during the testimony of Mr. Jack
Young, Jr., presented to the Court this morning?
A. Yes, I was.
Q. Mr. Young referred to a party or a group that
traveled to the Gulf Coast to play at the Pass Christian Isles
Golf Club. Were you a member of that group?
ROBERT L- DANIELS. JR
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A. Yes, I was.
Q. Mr. Lee, when did you first learn or how did you
learn of this trip that was going to be taken by your associates
and your friends to the Gulf Coast?
A. Mr. Attorney Eddie Tucker called me at work and
invited me to come down and play on a golf tour and at this
time he told me it was a different golf course than we had
ever played and ---
q. _— He said it was what?
A. A different golf course than we had previously played
before. We had played Edgewater and Broadwater and he informed
me it would be a different golf course and it would be only --
I think the amount was very reasonable, $21.00 for two days.
Usually you spend more than this on a weekend on the Gulf Coast
and this $21.00, since I am not in the same income bracket as
my three other associates, I was anxious to come for the
saving and the weekend we drove down to the Gulf Coast and I
learned of the knowledge in Jackson from him.
Q. All right. Now, do you know the manager of the
Downtowner?
A. No, I do not.
Q. Did you play golf on the 27th of February at some
other place after you got down to the Coast, did you play golf
at some location other than Pass Christian Isles?
A. Yes, we did.
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Q. Where did you play that day?
A. At the Edgewater.
Q. Now, what occurred on the following day, relating
to the Pass Christian Isles Golf Club?
A. The following day?
Q. Yes, sir, the day after you played — the Sunday,
I believe it was.
A. The Sunday, after we got through with breakfast, I
believe, which was a late breakfast, we came down to the lobby
of the Downtowner and requested directions to the Pass Christia
Isles Golf Club and the desk clerk made a phone call and gave
us directions to the course. We left the hotel lobby and drove
toward the general direction. After driving for a period of
time -- I wasn’t driving, I think Attorney Tucker was driving,
if I am not mistaken -- it seemed like we was driving too long
so we stopped at a service station for more specific directions
The attendant at the Station, didn't know, I don't think —
he was new and he didn’t know and a customer of his was at the
service station and I think he gave us directions more specific
to the Club. In driving there,I guess I was talking and every
body was talking and to my knowledge of signs, I wasn't driving
I was on the back seat, but I saw several signs going in,
after I got off of the highway we saw the sign leading to the
club and went in and I think we went to check in to get the
carts and things. Mr. Lee Knight came in later after we was
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in the lobby, he came in through another door and asked could
he help us. I don't know* I think Mr. Tucker then spoke up
and said we were here on the golf tour to play golf from the
Downtowner and he said, "I'm sorry but youall can't play here."
To my knowledge, the statement went like this, Mr. Tucker
asked him why and he said, "Well, you know why." and then he
asked him more specifically, he said, "Because we are black?"
and he said yes. He said, "I'm sorry but this is not my policy
it is the club policy" and he went on to talk about that in
general knowledge the manager of the Downtowner was a member
of this club and that he had spoke to him about this problem
which he was faced with at this particulat time.
Q. Which problem was he referring to?
A Blacks coming out there from any hotel that he
would cater to for other members and he gave me the impression
that it wasn't his personal feeling but it was the club feeling
that blacks couldn't play there.
BY THE COURT:
What days was it that you were down there that
weekend?
BY THE WITNESS:
The date?
BY THE COURT:
The days of the month.
BY THE WITNESS:
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Sir, I believe it was the 26th and the 27th of
February.
BY THE COURT:
Saturday and Sunday?
BY THE WITNESS:
Yes, sir.
BY THE COURT:
All right.
BY MR. LEVENTHAL: (continuing direct examination of Mr. Lee)
Q. What were your out-of-pocket expenses for that
weekend?
A. Well, I can't very well say. I would say anywhere
from $ 1 0 5 to $1 1 0 . I could't be exact on that.
Q. Would you describe to the Court exactly what you
felt upon being refused admission to the Pass Christian Isles
Club?
A. Embarrassed. I was embarrassed. You know you —
I guess you take it for granted that you can play, you know,
if we had had a warning I guess it wouldn't have hurt so bad,
but it caught me off guard, really. I was so for sure I could
play, you know, for this reason. If he had said, guests only,
I would have understood, but because I was black or something
I can't change, I was hurt for that reason.
BY THE COURT:
Are you an attorney too?
ROBERT L. DAN IELS JR
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BY THE WITNESS:
No, sir. I arn a salesman in electrical supplys in
Jackson, Mississippi.
BY MR. LEVENTI-IAL;
Nothing further, your Honor.
CROSS EXAMINATION
BY MR. GEX:
Q. May it please the Court: Mr. Lee, I think you stated
that Attorney Eddie Tucker called you at work and asked you
if you would like to come down on the "golf package", is that
correct?
A. Right.
Q. Did he give you any specific names of any courses
that you would play while you were down here or did he simply
say that you would not play the same courses that you had
played?
A. In discussing this later he mentioned the golf course
that we would play. I tjiink he is the only one that had
knowledge of this at the time.
Q. At the time he was the only one that had knowledge
of this?
A. That's right.
Q. Youall did not know. In other words, when you made
up your mind to come down here you didn't know what course you
were going to play?
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A. Negative. When we made up our minds to come down
v ie did know the course.
Q. ! beg your pardon?
A. We did know the courses when we made up our mind
to come down. But at the time he was talking to me on the
phone I had no knowledge of the golf courses. This was discusse
It wasn’t a spur of the moment deal, it was discussed previously
on the phone and then we decided later. Then we decided for the
reason we was going to play Pass Christian Golf Club. It is
too long a way to drive just to play old courses unless you
bring your family. To be away from home for a weekend it is
pretty expensive for me to come down for just a weekend of
golf. Usually when I come to the Coast I have to bring my
family on a sort of a vacation or something.
Q. Did you attempt to play -- strike that please. Were
there any alternative courses that you could have played down
here to your knowledge?
A. I don't follow you.
Q. Are there any courses other than the Pass Christian
Golf Course that you could have played that you didn't flay?
A. I imagine there are but I don't know of them.
Q. You of your own personal knowledge do not know of
them.
A. Right.
Q. And you didn't seek to inquire if there were any
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while you were down here, did you?
A. No, I did not.
Q. Did you attempt to go to any other course other than
Pass Christial Isles and the Broadwater Course while you were
down here?
A. Yes.
Q. Which courses?
A. Edgewater.
Q. And you played the Broadwater and the Edgewater
Course while you were down here, is that correct?
A. No, we played Edgewater twice if I am not mistaken.
We played the same golf course Saturday and Sunday.
Q. I may be mistaken. I thought you said you played
the Broadwater Course as well. Is that correct or is that
incorrect?
A. At the time when I brought my family down on another
trip to the Coast, so I have played the Broadwater.
Q. All right. Have you ever been turned away from any
other golf course because you were black?
A. Never. Never.
BY MR. GEX:
No further questions.
REDIRECT EXAMINATION
BY MR. LEVENTnAL:
A. Mr. Leo, would you tell us what you understood to be
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the names or would you tell us which clubs you thought were
Included in tnis golfing package with the Downtowner?
A. Yes, the first golf course Saturday was Edgewater
and the second golf course would have been Pass Christian Isles
Golf Club.
Q. And were your green fees included in your room rate
on this package?
A. Right.
Q. Did anyone at the downtowner indicate to you that
you could play any course other than these two?
A. No.
Q. When you returned to the Downtowner after being
turned away from the Pass Christian Isles Club did anyone
at the Downtowner tell you that you might play some other club?
A. No, they did not.
BY MR. LEVENTHAL:
Nothing further, your Honor.
BY MR. GEX:
We have nothing further.
(WITNESS EXCUSED)
MR. JAMES J. LAFONT, was thereupon called as a witness
for the Plaintiffs, and having been duly sworn testified on
his oath as follows:
BY MR. LEVENTHAL:
We would like to call this witness as an adverse
ROBERT L. DANIELS. JR.
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witness and qualify him as such, if I may?
BY THE COURT:
Is he an adverse witness?
BY MR. LEVENTHAL:
I believe he is, your Honor.
BY THE COURT:
I don't know. I don't even know him.
BY MR. LEVENTHAL:
He is the Manager of the Downtowner in Gulfport,
your Honor. Why don't I proceed and then raise it again.
BY THE COURT:
Is that one of the Defendants?
BY MR. LEVENTHAL:
No, your Honor, but I believe his position is hostile
to that of the Plaintiffs.
BY THE COURT:
That's not the rule, but you can call him and try
for the record.
BY MR. LEVENTHAL:
Yes, sir.
BY MR. LEVENTHAL: (examination of Mr. LaFont)
Q. Would you state your full name, please?
A. James J. LaFont.
Q. Where do you live, Mr. LaFont?
A. Here in Gulfport -- rather, in Gulfport.
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Q. Are you in Court today under subpoena?
A. Yes, sir.
% Do you hold any position with the Downtowner Motor
Inn of Gulfport, Mississippi?
A. I am the general manager at present.
Q. How long have you been the general manager?
A. Since September 1 5 th, '7 2 .
Q. Are you familiar with a Golfer's Holiday Package
which was sponsored by the Downtowner in February of 1972?
A. No, sir, I am not.
Q. Do you presently participate in aGolfer's Holiday
Package with the Pass Christian Isles Golf Club?
A. Not as such as I have heard discussed here. We
haven't mailed out any pamphlets or such. We do have a price
posted on our switchboard based on a couple of days, one night
and what is included and so forth in case someone should call
and ask. Just in case someone should call and ask, we do have
a price posted on the switchboard based on number of people
and the days and nights and the food and so on.
Q. Well, you do have a policy of sending patrons of your
Motel to the Pass Christian Isles Golf Club to play golf, is
that correct?
A. A specific policy of sending them to Pass Christian?
Q. If they come in as a part of — you do have a golfer'5
package, do you not?
ROBERT L. DANIELS JR
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A. Yes.
Q. And is the Pass Christian Isles Golf Club a part of
that package?
A. I have never had occasion to use it. My understand
ing is, and this is all new to me if I am a little vague, if
someone calls in, we in turn call different golf courses and
ask if space is available and we send them on that basis.
Q. You would send them to Pass Christian Isles on that
basis?
A. If they had space available and agreed to take them.
Like I say, I am totally unfamiliar with it.
Q. You are the manager cf the Downtowner, though?
A. Right, sir.
Q. Are you a mamber of the Pass Christian Isles Golf
Club?
A. No, sir.
Q. Now, if a guest of the Downtowner was sent to the
Pass Christian Isles Golf Club would you assume the debts of
the guest while he played golf down at the Pass Christian Isles
Club?
A. My understanding is I would call them and pay the
green fees only if they were accepted.
Q. Just the green fees.
A. Yes, that's all. We do not obligate ourselves for
anything else that's purchased there.
ROBERT L. DANIELS. JR.
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Q. Are you required to personally introduce to the Pass
Christian Isles Golf Club any of your guests who you send?
A. I have never had an occasion to even contact anyone.
As I said, it is all totally new to me and this particular
season we didn't have an inquiry from anyone concerning a plan.
We did have golfers come and go. The reason I say this, I
saw people in and out of the building with clubs, but we weren'
involved in any of them on a plan.
Q. Do you make any distinction among patrons your Motel
on the basis of race?
A. Absolutely not.
Q. It is your understanding, sir, that you would pay
the green fees?
A. Yes, this is normally included in the package.
Q. That all other expenses or debts of the patrons using
the Pass Christian Isles Golf Club would be assumed by the
patron? Is that what you understand?
A. This is my understanding from talking to the other
innkeeper, that they pay the green fees only, on packages.
Q. Do you consider all patrons of your motel guests of
the motel?
A. I suppose you could say a patron and a guest are one
and the same thing, yes, sir.
Q. Would you estimate the percentage of your patrons
who are residents of the State other than Mississippi?
ROBERT L. DANIELS- JR
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A. Well, it would be a little hard as far as the
exact percentage. We do have quite a few people from out of
state, primarily Atlanta, Memphis, New Orleans, commercial men,
salesmen.
Q. Do you know whether local residents living in the
Gulfport area can participate in your golfing plan or your
golfing package by merely becoming a guest of the motel?
A. No, sir, I do not. I am totally unfamiliar with that.
Q. But anyone who checks in can participate inthis
golfing package?
A. If they inquired we would give the rates to them,
yes.
Q. You don’t know anything about the mailing of a
leaflet to solicit business for this golfing holiday?
A. No, sir.
Q. You weren’t the manager of the Downtowner at the
time?
A. No, I understand this was in the past year.
BY MR. LEVENTHAL:
Thank you, sir.
BY MR. PHILLIPS:
No questions.
MR. L. A. KOENENN, was thereupon called as a witness by
the Plaintiffs, having been duly sworn, testified on his oath
as follows:
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DIRECT EXAMINATION
BY MR. LEVENTHAL:
Q. Would you state your full name, please?
A. L. A. Koenenn, Jr.
Q. Would you spell that please?
A. K-O-E-N-E-N-N.
Q. Where do you lieve, Sir?
A. Presently on Central Street in Gulfport.
Q. How long have you lived in Gulfport?
A. Approximately one year.
Q. Do you hold any position or do you hold any owner
ship or proprietary interest in the Ramada Inn?
A. I am a stockholder and an officer in the Corporation
which owns the property and the franchise.
Q. This is the Ramada Inn of Long Beach?
A. Long Beach, Mississippi.
Q,. Are you also a manager?
A. No, sir.
Q. Are you responsible for the policy of the motel?
A. I represent the Board of Directors at this level but
we do employ a manager.
Q. Excuse me, I didn't hear that last part of your
answer?
A. We employ a manager.
Q. But you are responsible — you are the representa-
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tive of the Board responsible for the policy of the Motel?
A. I represent the Board in the securing of the manager
and implementing the policies of the Board.
BY THE COURT:
I don't know what Ramada has to do with this.
BY MR. LEVENTHAL;
I will try to make that clear, Sir.
BY MR. USVENTHAL: (continuing direct examination of Mr. Koenenn
Q. The Marshal will hand you a publication and I'll ask
you to identify it if you can, please?
A. This is a publication called Down South on the
Beautiful Gulf Coast.
Q. Have you ever seen that before?'
A. Yes, sir.
Q. Is it, in fact, placed in every room of your Motel?
A. I am not sure of that.
Q. Is it used at your Motel?
A; To my knowledge, we subscribe to an ad in this
publication and I don't know what the distribution is.
BY THE COURT:
Keep your voice up. I can't hear you and I am five
feet from you.
BY THE WITNESS:
I'm sorry, your Honor, I have a bad cold.
BY THE WITNESS: (continuing answering question)
°nMBTI ™AR31C‘ £ *°
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A. We buy an ad in this publication but I don't know
how it is distributed in our motel.
Q. Well, have you seen it at your Motel?
A. 1 am sure that I have.
Q. Have you seen it in the lobby?
A. In the lobby, yes, sir.
Q. In the rooms?
A. I get it in my office
rooms, no, sir.
Q. In the lobby?
A. Yes, sir.
BY MR. LEVENTHAL:
I don’t recall seeing it
I would like to have that introduced into evidence, your
Honor. Plaintiffs offer it into evidence, your Honor.
BY THE COURT:
Let it be entered and marked.
(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-3 )
BY MR. LEVENTHAL: (continuing direct examination of Mr. Koenenn)
Q' When you say that this publication has been seen in
the lobby of the Motel are you saying that it was available
for general inspection or reading by anyone who came into the
lobby ?
A. I can’t be sure about that because I visit the motel
infrequently. I happen to know this publication because the
man who prints it has sold me an ad personally. I don't know
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how it is distributed. I can!t answer that. Our manager would
know, of course.
BY MR. COX:
Counsel, step back to the podium and stay there.
Give it to the Marshal if you want to give the witness
something.
BY MR. LEVENTHAL: (continuing direct examination of Mr. Koenenn
Q. The Marshal will hand you this publication again
and please turn to page ten. Would you please read into the
record the section I have bracketed, please?
BY THE COURT:
What is it you are asking him to read? It is already
in the record.
BY MR. LEVENTHAL;
I would like him to read it, your Honor.
BY THE COURT:
I don’t know what purpose if he reads it into the
record. It is already in the record, the whole magazine.
BY MR. MORSE:
We object to the reading, your Honor.
BY THE COURT:
Sustained.
BY MR. LEVENTHAL: (continuing direct examination of Mr. Koenenn
q. Does the Ramada Inn participate in the golfing
package which includes the Pass Christian Isles Golf Club?
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A. To my knowledge we do. I do not know the details
of the package, however.
Q. Are patrons of the Ramada Inn referred to the Pass
Christian Isles Golf Club?
A. As my guests, yes, sir.
Q. As your personal guests?
A. As my personal guests, yes. I have a membership
and they are usually, if they request a place to pay golf we
can send them as my guests. This is an arrangement.
Q. Part of their motel fee or part of their motel bill
includes green fees?
A. Only in the case of a package that would be arranged
by the local motel.
Q. You do have such a package, though?
A. Yes, but I am not familiar with the details of it.
Q. You have a package which includes green fees.
A. A year ago the manager asked me if he could cfevelop
a package, a golf package in order to promote room sales. I
looked at the economics of it and said it was agreeable with
me and I don’t know whether it has been successful and I
don’t know any of the details of it.
BY THE COURT:
I don’t know what this has got to do with this
lawsuit. I am not going to sit here and try every mot.el
on the Coast. I am interested in this particular case
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and nothing else.
BY MR. LEVENTHAL:
Your Honor, the question of whether this golf club
is covered by Title Two depends to some extent upon the
extent to which its facilities are made available through
motels and I want to establish that there are several
motels which participate in this program with the Pass
Christian Isles Golf Club. This is not any effort to
obtain relief against the Ramada Inn, but to establish
a case against the Pass Christian Isles Golf Club .
BY THE COURT:
I am not thinking about that, I think you have shown
that this was a package deal that the Downtowner offered
these four plaintiffs including their right to play golf
at the Pass. Now, what has Ramada got to do with that?
BY MR. LEVENTHAL:
Ramada doesn’t have anything to do with it, your
Honor, but this has something to do with the Pass Christian
Isles Golf Club. This has to do with whether the Pass
Christian Isles Golf Club is a place of public accommoda
tion as opposed to a private club.
BY THE COURT:
All right, move along.
BY MR. LEVENTHAL: (continuing direct exam, of Mr. Koenenn)
Q. You said you were a member of the Club as well as
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a member of the Board of Directors of the Ramada Inn?
A. I am a member of the Pass Christian Isles Country
Club and I am a member of the Board of Directors of Adamar
Incorporated which is the owner of the Ramada Inn of Long Beach
Q. It is your testimony that anyone who goes from the
Ramada Inn to the Pass Christian Isles Golf Club is a personal
guest of yours?
A. This is my knowledge of the arrangement which we
have. I secured — I made an application for a membership six
years ago and was accepted. We were in an area where a golf
course was not immediately available. I asked the club at
that time could I send a guest of our motel to the Coub as my
personal guest in order to play golf. That was the arrangement
made six years ago and to my knowledge it has not been changed.
I have not conferred with them since then about the matter.
Q. You don't even stay at the Ramada Inn, do you?
A. No, sir.
Q. You don't know anyone who checks in personally?
A. No, sir, I rarely see anyone who checks in.
Q. You don't send anyone over there personally as your
personal guest.
A. Through our manager. When the manager is employed
I relate to him this situation of my membership and if he has
guests seeking golf privileges, he must refer them as my guests.
Q. Do you assume the personal debts of your gaests when
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they play at the Pass Christian Isles Golf Club?
A. We do on occasions because I remember last week
paying for green fees of less than ten dollars.
Q. I am talking about other than green fees?
A. No, sir. No, sir.
Q. Do you personally escort anyone over there?
A. I never have, no, sir.
Q. All motel patrons are guests of the motel are they
not?
A. All — repeat that, please?
Q. Are all motel patrons also guests of the motel?
A. Well, I would presume so. They are customers. I
mean they fruy a room from us, I guess that is synonymous with
it.
Q. Do you know the name of the manager of the Ramada
Inn?
A. At the moment?
Q. Yes, sir.
A. We have just employed a new manager the day before
yesterday. His name is William Lilly.
Q. Are a majority of the guests referred to the Pass
Christian Isles Golf Club by the desk clerk?
A. I don’t know. I don’t believe I would know that.
Q. You don’t know?
A. No, sir. I don't know what the manager’s instructions
ROBERT L. DANIELS. JB
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62.
arc to his employees.
Q. Would you estimate the percentage of your patrons
or guests who are residents of a state other than Mississippi?
A. Would I estimate the amount?
Q. The percentage.
A. The percentage of out of state guests?
Q- Yes.
A. It would be very difficult -- perhaps fifty percent.
Q. Can local residents — is there any rule against
locak residents checking in at the motel?
A. I think this is — I don’t think we could possibly
make a rule. I think we might have a policy that we would
discourage such things.
BY MR. LEVENTHAL:
Nothing further, your Honor.
BY MR. PHILLIPS:
No questions.
(WITNESS EXCUSED)
BY MR. LEVENTHAL:
Plaintiffs call as a hostile witness Mr. Russell
Elliott. Mr. Elliott is the president of the Board of
Directors of the Golf Club.
MR. RUSSELL ELLIOTT, was thereupon called as a hostile
witness by the Plaintiffs, having been duly sworn, testified
on his oath as follows:
ROBERT t - D ANIF. «;
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BY MR. LEVENTHAL:
Q. State your full name, please?
A.
Q.
Russell J Elliott.
Where do you live, Mr. Elliott?
A. Bay St. Louis, Mississippi.
Q. Do you hold any position with the Pass Christian
Isles Golf Club?
A. I am President of the Club at this time.
Q. How long have you been President?
A. This is my second year.
Q. Mr. Elliott does the Club have any relationship or
any arrangement with any place of public accommodations relating
to golfing privileges at the Club?
A, Rephrase that?
Q. Does the Club have any arrangement with any place
of public accommodation, any motel or hotel in the area relath
to access to your Club?
A, With the hotel or motel, as far as I know, with them
per se, no.
Q. Do you have arrangements with motel managers?
A. If they are members of the club.
Q. And what is that arrangement?
A. That if they come as their guests, as our bylaws
stipulate any and everybody is welcome.
Q. what is your understanding of the term guest, Mr.
nrmcPT 1 ntmci c id
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64.
KJ Liott?
A. As far as the motel is concerned?
Q. As far a s --
A. -- as the Club is concerned?
Q. The guest of a manager or guest of a member. What
is your understanding of the term guest?
A. A guest of a member of the Pass Christian Isles Golf
Club?
Q. Yes, sir.
A. My impression, and this is my own impression, is
that if this member invites a person or persons that are friends
or associates of his and he will be personally responsible for
their conduct, they are welcome.
Q. Are you aware of the fact that your bylaws require
that a member escort his guests at the club or introduct them
personally?
A. Escort them personally? No, I am not aware of that.
Q. Introduce them?
A. Vouch for them personally, yes.
Q. Has any manager of any motel ever personally vouched
for each individual guest who plays at the Pass Christian Isles
Golf Club?
A. I couldn't answer that. I am not at the club all
the time. I don't know.
Q. You don't know?
ROBERT L. DANIELS. JR.
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A. NO.
Q. Has any manager ever been held personally responsible
for the debts incurred by a motel guest other than green fees?
A. Not to my knowledge.
Q. Which places of public accomodation --
BY THE COURT:
— Has this club anything other than Just a golf
club? Has it got any other kind of social activity?
BY THE WITNESS:
Yes, sir, occasionally we do have members and their
guests for a steak supper on a Saturday night, but as
far as any other activities, no, we have no card games
per se or anything like that.
3Y THE COURT:
Swimming pool?
BY THE WITNESS:
No swimming pools, no, sir.
BY THE COURT:
Tennis courts?
BY THE WITNESS:
No, sir.
BY MR. LEVENTHAL: (continuing direct examinationof Mr. Elliott)
Q. Would you state the names of the hotels or motels
with which you have an arrangement?
A. As I said a -while ago, as far as I know, we have no
ROBERT t . DANIELS. JR.
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arrangements per se with a hotel or a motel, .with the individual
members of the club that are associated with these motels, whicl:
would be the Downtowner in Gulfport, I don't know about now
since they have a new manager, the Ramada in Long Beach, the
Buena Vista inBiloxi, and that is only so that if they do have
a personal party that they will be responsible for as to the
conduct, they are welcome to our course.
Q. Are you aware of the fact that these motels send over
anyone who is a registered guest?
A. I am not aware of that of my own knowledge, no, sir.
Q. You don't know that. You don't even suspect it?
A. I don't know that I have to give an answer to that,
do I, Judge? That I suspect something? I don't know. I
don't know for sure whether it is true or not.
Q. I have asked a question, sir. You have to answer
my question unless the Court orders you otherwise.
BY THE COURT:
In the absence of any objection it must be answered.
BY THE WITNESS:
Would you ask the question again, please, so I will
know what I am answering?
BY MR. LEVENTHAL: (continuing direct examination of Mr. Elliott
Q. Do you suspect that any registered of the Downtowner
or the Ramada Inn can use your facility?
BY MR. PHILLIPS:
R O B E R T U D A N IE L S J R
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67.
I object to that question on the basis of the word
"suspect". He might have an opinion but I don't
know what counsel means by "suspect".
.BY THE COURT:
I sustain the objection.
3Y MR. LEVENTHAL: (continuing)
Q. Do you have any opinion on th&t, sir?
A. My own personal opinion would be that possibly they
might do that.
Q. Nowj does the motel itself, as opposed to the Manager
pay the green fees?
A. I don't know.
Q. You don't know?
A. No.
Q. You don't know who pays the green fees?
A. No, I don •t.
Q. Does your club make any distinction between a black
bona fide guest and a white guest, a white bona fide guest?
A. No.
q. Are you aware of the fact that Mr. Lee Knight has
admitted in his answer that he instructed these plaintiffs
not to play, that ihey could not play and he was so advised
by members of the board that blacks could not play i
A. I only know to the extent that I was told that, but
can I clarify that a little further?
ROBERT L. DANIELS. JR.
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Q. Yes.
A. At the time that this happened I had just been put
on the board of directors and I did not know what the policy
was at that time.
Q. Do you have any tournaments played at your club?
A. Yes.
Q. Are they annual tournaments?
A. Some of them.
Q. How do non-members get to play in your tournaments?
A. As a guest of a member.
Q. And is every guest personally known by a member?
A. I presume so3 I couldn’t say for sure.
Q. Do you have any directional or advertising signs on
U. S. Highway 90?
A. To the best of my knowledge, we have one little
directional sign on the Beach Road in Pass Christian.
Q. .Is it on U. S. 90?
A. It is on the County or City road, whichever it would
be.
Q. Is it your sworn testimony that there is no directions,
signal on U. S. Highway 90?
A. As far as I know, there is only one and it is on an
off road off of Ninety and not on Ninety's property per se.
Q. Nell, does it face on Ninety?
A. It can be read from Ninety, yes.
____________________ ROBERT L. DANIELS. JR. __________________—
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69.
Q. All right, in fact, automobiles passing on Ninety,
the occupants of those vehicles can see the sign?
A. Yes.
Q. It is intended for them.
Q. As directional only, yes.
Q. Then you were wrong in your answers to interrogatories
when you said that you didn’t have any directional sign on
U. S. 90? You are correcting that?
A. I was not aware it was there until I went down and
saw it. It has been up there since before I was on the board
of directors.
Q. Why do you need a sign on Highway 90, Mr. Elliott?
A. We don’t actually.
Q. You don’t. It is just there.
A. That’s right.
q. Are you familiar with an advertisement placed in
a publication which is in evidence for the Pass Christian Isles
Gulf Club?
A. I have seen it.
Q. Are you aware that it makes no reference to being,
a private club?
A. Wasn't aware it was in there until it was brought
to my attention the other day.
Q. Is that the first time it has appeared in New South?
A. As far as I know, we never authorized anybody to
_ __________ ____________________________ ROBERT L. DANIELS. JR._________________________________ _
J
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70.
ad ve rtiee for us .
Q. Have you ever directed someone to take it out of
this publication?
A. Nothing has been done about it. It wasn’t authorized
to be put in.
Q. But you have done nothing to remove it?
A. No. We have had not had a board meeting since I
have seen that.
Q. Are you aware of the magazine which was introduced
when Mr. Anderson testified, called Golfing, I believe?
A. The times Magazine you referred to earlier today?
I was not familiar with it until it came up in Court this
morning.
BY MR. IE VENTRAL:
Will the Marshal please hand the witness Plaintiffs’
Exhibit 2.
BY MR. LEVENTHAL: (continuing)
Q. Have you seen that magazine before, sir?
A. No, sir.
Q. Do you play golf?
A. Yes, I play golf.
Q. Do you subscribe to any golf magazines?
A. No, sir.
Q. Are these magazines at the Club? In the lounge of
the Club?
ROBERT L. DANIELS. JR.
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71
A. I couldn't say for sure. I don't read the magazines.
Q. Do you know whether the Board has taken any action
to eliminate the reference to your club in that magazine?
A. No, I don't know because, as I said, I don't know
whether the members know of it. This is the first time I
have seen or heard of it this morning and I am sure if I haven'n
heard about it most of the club members haven't and no action
has been brought before the board of directors on it.
Q. Does your association with various motels result in
an increase in the patronage of Pass Christian Isles Golf Club
facilities?
A. I would presume so, I can't say for sure.
have
Q. Do you know whether whites who/merely driven to
your club are allowed to play without any further information
provided ?
A. Do I know of my own knowledge?
Q. Yes.
A. No, I don't know of my own knowledge.
Q. Do you know whether they have not been able to play?
A. No, I don’t know that either.
BY THE COURT:
Is a substantial amount of your revenues derived
from green fees which are generated by guests of these
motels whose managers send their guests out there?
BY THE WITNESS:
R » S T I n A W ie A J B
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72.
Your Honor, I wouldn't know what percentage. I
would say, personally, I would say no. Most of our green
fees are generated by people who live in the general area
who come as guests of the members. I would assume it is
a small percentage that comes from the motels, if such.
BY MR. LEVENTHAL: (continuing^
Q. Do you have the names of the major share holders of
the stock of the corporation?
A. Yes, sir, I gave to the attorney a list of the
stockholders, everything that was requested, you have there,
sir.
BY MR. PHILLIPS:
That was in response to the subpoena duces tecum that
was served on us.
If the Court please, to save counsel time, I think
he had asked me the question previously about anybody
having substantial holdings. I think the largest number
of shares held by any individual is 16. There are about
three or four that have 1 2 and on all of these pages, I
don't think you will find a majority having more than one
or two.
BY MR. LEVENTHAL: (continuing)
Q. Mr. Elliott, did you bring to the trial in response
to a subpoena a list of stockholders including the number of
shares owned by each such stockholder?
ROBERT L. DANIELS, JR. ____________________________
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73.
A. I believe you have it there.
Q. The Marshal will hand it to you. Can you identify it
as that?
A. That was as of December 1 9 7 2 , yes, sir.
BY MR. LEVENTHAL:
Plaintiffs offer into evidence that compilation.
BY THE COURT:
Let it be entered and marked.
HY MR. iliibi.ri’U:
Now, if the Court please, I have had some additional
sheet made up so Counsel can observe this too.
BY MR. LEVENTHAL: (continuing)
Q* The Marshal is handing you a sheet of paper headed
’'Stock Transactions, 1973" can you identify that for us please?
A. Yes. I am familiar with that. That is identifiable.
Q» Is that the new stockholders as of 1 9 7 3 ?
A. Yes, sir, as far as we know, as far as our records
show, this is all that we have.
Q. That supplements the previous compilation?
A. Right, supplements it.
BY MS. LEVENTHAL:
I ower that into evidence, your Honor.
BY THE COURT:
Very well, let this list of stockholders, complete with
that yellow page, be entered and marked as one exhibit. (SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-4)aaaaaat8 oauuu g m _____
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BY MR. PHILLIPS:
If the Court please, when Mr. Elliott was served with
the subpoena duces tecum, there was not sufficient time
to make copies of this. May we have the Court's leave
to have copies made and substitute copies?
BY THE COURT:
Yes.
BY MR. PHILLIPS:
Thank you,. sir.
BY THE COURT:
What are you waiting on, Counsel.
BY MR. LEVENTHAL: (continuing)
Q. Are you familiar with Exhibit B to your answers to
interrogatories ?
A. Not off hand.
BY MR. LEVENTHAL:
May I have that exhibit please?
BY THE COURT:
If you want to ask him about an exhibit that you have
got there, Counsel, read your question to him and let
him see what his answer is. That's the way. Don't
hand him a whole arm full of papers and ask him something
about it.
BY MR. LEVENTHAL:
T h n m r a h U M i l l h«nU
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75.
BY THE COURT:
-- You read it to him. Read your question that
you want to question him about.
BY MR. IEVENTHAL: (continuing questioning of Mr. Elliott)
Q. Does Exhibit "b " to your answers to interrogatories
contain all of the eligibility requirements for club membership?
Do your bylaws list all requirements for club membership?
A. Yes, our bylaws, we abide by our bylaws.
Q. All right, there are no additional eligibility
requirements except as provided in your bylaws?
A. As provided in our bylaws.
Q. All right. Now, according to your bylaws, you have
six classes of membership, is that correct?
A. At the time you referred to yes, that's correct.
There has recently been a change on the bylaws, they have
eliminated student memberships.
Q. How old was the applicant under the previous arrange
ment for student memberships?
A. I am not certain. That was a variable thing. If
a boy was off in college or in service and would go back to
school, he was extended the courtesy of a student membership
but the actual reading on it would be in the bylaws.
Q. Is there any way you can't become a member of your
club?
A. Any way you can't?
ROBERT L. PANIEUS. JR.
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76.
BY THE COURT:
That sounds like a foolish question to me. I
think you are dragging your feet. What arc you waiting
on, Counsel? Are you trying to wait for Tucker?
BY MR. LEVENTHAL:
No, your Honor, I am trying to get at the different
kinds of membership.
BY THE COURT:
Let’s get along with this case. I think you are just
dragging your feet about something. I can't determine
what it is.
BY MR. LEVENTHAL: (continuing examination of Mr. Elliott)
Q. What is a temporary member?
A. That is a member that would move into the area, say,
from any place else in the Country for ninety days or there is
a modification, sixty days, I believe.
Q. Does he have to pay any money to become a member?
A. Yes, he has to be accepted and then he has to pay
a given set fee as prescribed by the Board of Directors and
it is public knowledge on our bulletin board at the club house.
Q. Now, each member, or each potential member is given
a year to pay for his stock?
A. That's right, yes, sir.
Q. And he can play or be a member the full year without
paying for the stock?
_______________________________________ ROBERT L. DANIELS, JR.
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77.
A. That 1 s right.
Q. Is the temporary membership class limited to a three
months period?
A. I would have to check bylaws on that. I think it
is one time in any one year, if I can recall. I don't have
the bylaws in front of me.
Q. You mean you can become a temporary member for three
months, or a temporary period without having purchased any
stock?
A.
Q.
as well?
A.
Q. .
A.
Q.
A.
Q.
Right.
Is this true of a student and junior membership
I am not familiar with that.
How many applicants have you rejected?
Of my own personal knowledge?
Yes.
None.
Is it true that a substantial percentage of your
lembership is non-resident? Are not residents of Mississippi?
A. A percentage are non-residents, yes, sir.
Q. Substantial percentage?
A. I would have to check the list to see.
Q. Is it true that any member can terminate membership
at the end of the year without paying for any stock?
A. It automatically would be terminated if he didn't
o n n e a r i n A N iF i < IB
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78.
buy stock.
Q. Now, would you estimate the percentage of your
non-resident members who are social or temporary members?
A. Counsel, you can check the list. I wouldn't know
each one individually or how many are non-residents or resident:
BY THE COURT:
We will take a fifteen minute recess.
(COURT RECESSED FOR FIFTEEN MINUTES)
BY MR. LEVENTHAL: (continuing examination of Mr. Elliott)
Q. Is it true that members may obtain guest cards for
special guests that live more than 15 0 miles from the club
which extends for a three months period of time?
A. In that particular matter, I am not sure. I would
assume that to be correct.
Q. Now, you stated that at the end of one year an
applicant for membership has to pay for stock, is that correct?
A. Yes, sir, he has to secure a share of dbock.
Q. Now, it is also true, however, that the applicant
may be allowed a longer period of time upon special request
by members of the board of directors?
A. That's correct. It is in the bylawx, if stock is
not available.
BY MR. PHILLIPS:
All of these questions be is asking Mr. Elliott are covered
in the bylaws which are presented as Exhibit B to the
ROBERT L. DANIELS. JR.
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79.
Interrogatories and they could be all answered. They
are a matter of record, if the Court please.
BY THE COURT:
I sustain the objection. I don't need anybody to read
the bylaws to me, Counsel.
BY MR. LEVENTRAL:
We have nothing further, your Honor.
BY MR. PHILLIPS:
We have no questions.
BY THE COURT:
All right.
(WITNESS EXCUSED)
MR. LEE KNIGHT, was thereupon called as a witness by the
Plaintiffs, having been duly sworn, testified on his oath as
follows:
DIRECT EXAMINATION
BY MR. LEVENTHAL:
& would you state your full name, please?
A. Leland B. Knight.
q. Did you hold any position with the Pass Christian
Isles Golf Club in February of 1972?
A. I did, yes, sir.
Q. And what position was that?
A. As golf professional and golf course superintendent.
Q. Were you present during the testimony of the named
ROBERT L. DANIELS, JR.
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8o.
Plaintiffs t-ais morning? Were you present in the courtroom?
A. Sir?
Q. Were you presen: in the courtroom during the testimon;
of the Plaintiffs?
A. This morning?
Q. Yes, sir.
A. Yes, sir.
Q. Did you hear them state what you told them when they
got to the golf club that afternoon? When they got to the
Pass Christian Isles Golf Club that afternoon?
A. I didn't understand the question.
Q. When the named Plaintiffs arrived at the Club that
afternoon you turned them away because they were black, is that
correct?
A. Well, yes.
Q. You state in your answer that certain board members
had told you it was the policy of the club to exclude blacks,
is that correct?
A. The board of governors, yes, sir.
Q. Would you tell us the names of the board of governors
who so instructed you?
A. I don't remember who was on the board at the time.
Q. When were you given those instructions?
A. When I first went: to the club.
Q. And that was an across the board prohibition?
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A. Sir?
Q. Was the prohibition across the board? Blacks could
not play, as far as you know?
A. As far as I know.
BY MR. IEVENTHAL:
We have nothing further.
BY THE COURT:
Stand aside.
BY MR. IEVENTHAL:
Plaintiffs rest, your Honor.
BY THE COURT:
All right.
BY THE COURT:
Counsel stated to the Court that I believe they
wanted to use Eddie Tucker — is that his name, Eddie
Tucker?
BY MR. IEVENTHAL:
Yes, your Honor.
BY THE COURT:
You wanted to use Eddie Tucker out of turn. You
could use Eddie Tucker out of turn if it is agreeable
with you, it is with the Court, but I want to know if,
it is agreeable with youall before you put on any testi
mony .
BY MR. MORSE:
ROBERT L. DANIELS, JR.
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Yes, sir, it is agreeable with us.
BY THE COURT:
All right.
BY MR. PHILLIPS:
If the Court please, the Defendant has nothing
further to add. We rest.
BY THE COURT:
De Cendant s rest?
BY MR. PHILLIPS:
Yes, sir.
BY THE COURT:
What do you say, Mr. Leventhal?
BY MR. LEVENTHAL:
Your Honor, I would like the Court to indulge us to
permit Mr. Tucker to arrive. He did have a matter before
Judge Russell this morning in Jackson. I expect him
momentarily.
BY THE COURT:
What time was he going to leave Judge Russell?
BY MR. LEVENTHAL:
He had a matter in Jackson at 8:30 or 9:00 o ’clock.
Mr. Anderson, would you explain to the Court?
BY THE COURT:
That's about a three and a half hour drive, going
pretty good. If he leaves at 9:00 o'clock it will be 11:30
ROBERT L. DANIELS. JR.
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before he could get here.
BY MR. PHILLIPS:
If the Court please, if Counsel will tell us what
he will testify to, maybe we can stipulate.
BY THE COURT:
Make a proffer into the record and let’s see if we
can agree on what he will testify.
All right, if Eddie Tucker, one of the four members oi
this party were present in person and sworn, he would
testify what?
BY MR. LEVENTHAL:
That he received a circular from the Downtowner in
Gulfport, Mississippi, which circular included a flyer
which solicited patrons for a golfers holiday package at
the Downtowner. That Mr. Tucker contacted the Downtowner,
made reservations for his party which were confirmed,
reservations for himself and his three friends. Those
reservations were confirmed; that Mr. Tucker was further
advised by the Downtowner that he and his associates could
play and would play at the Pass Christian Isles Golf Club.
That he then proceeded to contact the other named Plaintif
by phone and based upon the representations made to Mr.
Tucker by the Downtowner the four agreed to travel to the
Coast. That Mr. Tucker’s out-of-pocket expenditures for
the weekend were approximately $10 0 .0 0 and that the
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circular which I hold in ray hand which I would like to
have introduced into evidence -— the leaflet or flyer
that I hold in my hand, I wanted it — he would state
that this is what he received in the mail from the
Downtowner and would offer this circular into evidence.
This flyer into evidence.
BY THE COURT:
Let it be entered and be marked.
(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-5)
BY THE COURT:
Do youall agree to that?
BY MR. MORSE:
Yes., sir, the Defendants agree to that.
BY MR. LEVENTHAL:
Thank you, sir. That will do it.
BY MR. PHILLIPS:
We would like to stipulate too, sir, that Mr. Lee
Knight be dismissed as a Defendant in this case.
BY MR. LEVENTHAL:
Yes, your Honor, Plaintiffs will agree to that. He
is no longer at the club.
BY THE COURT:
All right. Anything further, Gentlemen?
BY MR. LEVENTHAL:
It has been agreed further by and between the parties
ROBERT L. DANIELS, JR. ___________________________ .
85.
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your Honorj that what I hand to the Marshal are all
application forms for club membership which are presently
in possession of the club and it is understood that many
were destroyed by Camille, the hurricane of 19 6 9 . We
offer these application forms into evidence.
BY THE COURT:
Those application forms, how many of them are there?
BY MR. IEVENTHAL:
Approximately fifty or sixty.
BY THE COURT:
Well, we need to know. She will count them. They
may be entered and marked.
(SAME MARKED EXHIBIT P-6 IN EVIDENCE AND ADMITTED)
BY MR. IEVENTHAL:
We have nothing further.
BY THE COURT:
All right, do you Gentlemen want to talk to me about
this case now or give me a memorandum?
BY MR. IEVENTHAL:
Your Honor has said on other occasions that the
Court doesn't decide cases with his ears and I prefer
to file a memorandum.
BY THE COURT:
How does the other side feel about that?
25 BY MR. MORSE:
ROBERT L. DANIELS. JR
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Your Honor, I feel like oral argument might be helpful
just to high-light some of the issues, the way we look
at the case. I am sure we look at it differently. Then
in addition to file a brief memorandum.
BY THE COURT:
Well, it will be sometime next week before I can
give any consideration to the memoranda. When would you
be prepared to file memoranda?
BY MR. MORSE:
Within .a week, your Honor.
BY THE COURT:
In other words, next Thursday.
BY MR. MORSE:
Yes, sir.
BY THE COURT:
Do you think you know something that you could tell
me now that you couldn’t tell me in your memorandum, or
could you tell me with a different inflection?
By MR. M3RSE:
Yes, sir, that would be it.
BY THE COURT:
All right, I will listen to you about ten minutes
apiece.
BY MR. LEVENTHAL:
I will waive oral presentation, your Honor.
_________________ROBERT L. DANIELS. JR.
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87.
BY MR. MORSE:
Would the Court care to hear from us?
BY MR. MORSE:
Yes, sir, I will give you ten minutes.
BY MR. MORSE:
Please the Court, this case, I believe, is unique
in my experience inasmuch as I now represent a defendant
who has confessed error and asked forgiveness and in a
sense, consented to the entry — by its responsive plea
and by the testimony here today indicated to the Court
that through one unfortunate series of events, the
Plaintiffs were turned away from Pass Christian Isles
Golf Club.
BY THE COURT:
That might have some effect on the injunction asked
for. The declaratory judgment, it wouldn’t have any
effect on that, would it?
BY MR. MORSE:
No, sir, I don't think it would have any effect. It
would have some effect on the request that this be a class
action. I would submit that there is no necessity f o r --
BY THE COURT:
-- I don't think so. I think that class action is
just a brazen effort to confuse the Court on every one of
these cases that are class action. I think that just
nnaFiBT » DAM1EI S IB
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means that a person don’t know what his case is and he
is trying to start off confusing the Court.
BY MR. MORSE:
Well, we tell the Court, and I think I stated it
accurately, that xve would be in a position to accept, so
long as we continue in this package program, dealing with
patrons or what now are denominated public accommodations,
that we would accept anyone whose conduct is otherwise
acceptable, of course, without regard to any racial
overtones.
BY THE COURT:
Is there any denial on your part that this is a place
of public accommodation under the evidence?
BY MR. MORSE:
Yes, sir, that our club is not a place of public
accommodation, but it seems to me that the legal propo
sition — and we have briefed this too, that if we make
a business arrangement with a place of public accommodatio:
we would thereby legally be bound to accept whomever they
send to us,but at the same time we could maintain our
entity as a private club and exclude anyone we didn't
want to come in there from the social functions. In
other words, we could restrict and tighten up those who
may use the club but as long as we have this package deal
with motels, we can't do that. We have to accept whomove
________________________ROBERT L. DAN IELS. JR.
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89.
they send to us.
BY THE COURT:
Looks like you have got your doors wide open on your
package deal with the motels, you take anybody that the
motel wants to send as a guest and you start off knowing
that they canft discriminate as to color.
BY MR. MORSE:
Yes, sir, I agree with that.
BY THE COURT:
Looks to me like you are in bad shape.
BY MR. MORSE:
I agree, your Honor, if that is what they wish to do
and we have so advised the club that they must accept
whomever they send. I don't say we are estopped from
refusing in the future from doing that. We can change
our policy and say, no, we are going to be limited solely
to our membership and strictly their guests and who are
identified as such. That could be done. But in that
attitude of the principal merits of the case, then we
are led to the question of damages, actual damages first
of all, and secondly punitive damages and thirdly the
question of attorneys fees.
Now, with respect to actual damages, it is not clear
from my understanding of the testimony, at least, that the
costs which were incurred by these Plaintiffs would not
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90.
have been incurred had Pass Christian Isles turned them
away. They came to the Coast to play golf and they played
golf. They didn’t play at one course that they wanted to
but they played at another one* so the expenses, I judge,
would have been the same. I don't see how you can say
that the cost of a golf weekend ranging from a hundred to
a hundred and twenty dollars is a measure of damages again3
Pass Christian Isles Golf Club when they incurred the
expense anyhow for a social weekend.
Secondly, we have the question of punitive damages
which in the first Southern Home Sights, Johnny Ray Lee
case decided by the Fifth Circuit which we will submit to
you in our memorandum, the Fifth Circuit affirmed the
denial by Judge Nixon of punitive damages and said that
there was no proof to justify the imposition of punitive
damages.
Then, thirdly, on the question of attorneys fees we
are brought here on into the second Johnny Ray Lee, Southed
Home Sights case which Judge Wisdom wrote the opinion in,
first Judge Nixon — and I was involved in this case as
well as Mr. Anderson’s firm — remanded the case back for
the question of determinationof attorneys fees and in thal
case the discriminatory action which took place which
gave rise to the lawsuit occurred some three months after
the Supreme Court of the United States decided the Myers
ROBERT L. DANIELS. JR
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91.
case which held that Section 1 9 8 2 -1 9 8 3 of the Code
prohibited one from refusing to seel property to a black
person and therefore cause of action accrued to that perso
for having been refused the sale of property and from that
the Fifth Circuit determined that by defending the case,
our case, the Southern Home Sights case on the merits
three months after the Supreme Court had decided that
case, my action in so defending it was obdurate obstinacy.
In other words, I should have rolled over and played dead
and .just said, no, there is no possible merit in this
case. We should have just become a corpse, so to speak
so far as that litigation was concerned.
Now, being aware of that case and decision that came
from Judge Wisdom on it, we have taken the position in
this case. Judge, that we are not being obdurately obstina
That we are saying that we recognize what the law is.
We are also saying that one year after the incident sued
upon here we still had no notice from these Plaintiffs
that they desired us to do anything with respect to remedy
the so-called discrimination.
By THE COURT: , .
Has there been any change in the policy out there?
I haven’t heard about it.
BY MR. MORSE:
Noll, T don't think there has been any circumstances
mum 1 nAM,g> * jt>
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wh 1 ch v/ould change the policy.
9‘
BY THE COURT:
So the policy ic the same.
BY MR. MORSE:
No, sir, I don* t think we can say tie policy is the
same because it is in evidence that Mr. Lee Knight who
expressed the policy of the club at the time of the
incident sued upon is no longer with the club.
BY THE COURT:
Well, that is an inference.
BY MR. MORSE:
Well, there is nothing in the bylaws or in the record,
your Honor, to indicate that the policy is the same, and
the pleadings, our answer, indicates that they are entitle!
to anJinjunction to stop this.
BY THE COURT:
That they are entitled to an injunction?
BY MR.MORSE:
Yes, sir. We say that they may be entitled to a
preliminary and permanent injunction and we recognise what
the lav; is.
So, we are not, we submit, obdurately obstinate in
defending the case. We are not actually saying that there
are some legal points on which the Court could sustain
this action in refusing these people to play golf, or the
____________________________ ___________ROBERT L. DANIELS. JR. ____________________________ _
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93.
right to play golf. We are saying that they had the r'ght
and we were in error, so long as they were sent to us
by a public accommodation.
BY THE COURT:
The lawyers have said that but I didn't hear anything
from the witness stand about that.
BY MR. MORSE:
Well, your Honor, I think our answer would be
considered a part of the record.
BY THE COURT:
Well, I haven't examined the answer.
BY MR,. MORSE:
I think that the answer would be and I didn’t feel
— none of us felt that there was any necessity to put
on proof of that which is contained in our answer by
admission or confession.
BY THE COURT:
I think that is right, I just haven’t read your answc
BY MR. MORSE:
So, this brief discussion, your Honor, is only to
serve the highlights of the matters which I think will
be submitted in the memorandum in which — by which we
would resist their efforts to obtain either actual damagec
punitive damages or attorneys fees.
BY MR. LEVENTHAL:
BftRFPTI flAWing IB
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94.
Your Honor.
BY THE COURT:
I thought you had waived argument.
BY MR. LEVENTHAL:
Just one moment. Just a fifteen or twenty second
rebuttal, your Honor.
BY THE COURT:
All right.
BY MR. LEVENTHAL:
I have never wasted Counsel's time or the Court's
time trying a case that could be settled. I wanted to
explain to the Court that what the Defendants have offered
is a very limited injunction which would provide that
as long as the club participates in a package with the
Downtowner or any other place of public accommodations,
that as long as that practice were in force, it could not
discriminate.
BY THE COURT:
That would be patently obvious.
BY MR. LEVENTHAL:
Yes, your Honor, but more than that, I think that
they are a place of public accommodation even given what
they have already done. There is a dispute as to what
their exact status is under the 1964 Act. In addition
to that, the Defendants have offered, in effect, no
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95-
serious monitary sum to compensate the Plaintiffs or their
attorney for expenses incurred in this litigation.
BY THE COURT:
I heard what they said. Most of them said a hundred
dollars and one of them said a hundred and five to a hundre
and ten dollars. I just wondered if their entire week-end
was .just completely lost and that they derived no p^pasure
and no benefit whatsoever* that was the full amount.
BY MR. LEVENTHAL:
The testimony is, your Honor, that they would not
have traveled to the Coast.
BY THE COURT:
1 understood that, but they did travel and they
did spend some money. What is the actual value?
BY MR. HE VENTRAL:
Perhaps a fractional amount of the one hundred plus
dollars actual out-of-pocket expenses but we will maintain
and will brief the question of humiliation is one which
results in the award of a monitary sum. The damages that
they are entitled to are the sum of their out-if-pocket
expenses directly attributable to the discrimination plus
a sum of money which you would compensate them for the
humiliation, pain and suffering that they experienced as
a result of the racial discrimination. We have discussed
monitary settlement and it has not been adequate, so thew n w irp T i n a m E i s . j r
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question of monitary settlement and even on the question
of injunctive relief, the parties have not been able to c
upon an order. I want to impress thatupon the Court
because we are not here to waste your Honor's time.
There is a dispute. A serious dispute as to what the
law requires.
BY THE COURT:
All right.
BY MR. MORSE;
Your Honor, may I make one other observation?
BY THE COURT:
All right.
BY MR.MORSE:
In my mind, a person who is entitled to attorneys
fees, a Plaintiff, has the burden to prove that just as
if it were a personal injury action. They have asked for
their medical bills and their special damages, and if they
fail to bring any proof forward to the Court's attention
from which the Court can frame a judgment awarding damages
for hospitalization, doctor and hospital bills and that
sort of thing --
BY THE COURT:
-- Do you mean in some abstract case?
BY MR. MORSE:
Right, sir. In any abstract case I am speaking of.
ROBERT L- DANIELS, JR.
97.
In a simple proposition of law, when you assume the
> burden of proof of certain damages and you fail to do it
) then the Court is Justified in denying that element of
i damages. This record, we will argue in our memorandum
I and I now submit to the Court, is totally barren of any
i guidelines which would give the Court the claim for an
I award for attorneys fees and I submit they failed in their
1 burden to meet it.
i BY THE COURT: .
i| My post office drawer is 2447, Jackson,
is Court will stand in recess until next Tuesday morning.
I (COURT RECESSED)
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98
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OP MISSISSIPPI
CIVIL ACTION NO. 73S-9(C)
REUBEN V. ANDERSON, ET AL.
V.
PASS CHRISTIAN ISLES GOLF CLUB, ET AL.
CERTIFICATE OF COURT REPORTER
I, Robert L. Daniels, Jr., Official Court Reporter for
the United States District Court for the Southern District of
Mississippi, appointed pursuant to the provisions of Title
28, United States Code, Section 753* do hereby certify that
the foregoing is a full, true and correct transcript of
proceedings had in the within-entitled and numbered cause on
the date hereinbefore set forth and I do further certify
that the foregoing transcript has been prepared by me.
Robert L. DanieTsT/CrT
Official Court Reporter.
ROBERT L. DANIELS, JR.
A. B. LETTER SERVICE, INC
327 Chartres St.
New Orleans, La. 70130