Scarlett v Seaboard Coast Line Railroad Company Affidavits and other Evidence in Support of the Motion

    IN THE UNITED STATES DISTRICT COURT FOR THE.

SOUTHERN DISTRICT OF GEORGIA 
WAYCROSS DIVISION

OLIVER W. SCARLETT, et al. , 

Plaintiff,
v. NO. CV 576-32

SEABOARD COAST LINE RAIL­
ROAD COMPANY, et al.,

Defendants.

PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

VOLUME II

PREFACE TO THE EVIDENCE

AFFIDAVITS AND OTHER EVIDENCE IN 
SUPPORT OF THE MOTION

Of Counsel:
0. PETER SHERWOOD 

10 Columbus Circle 
Suite 2030
New York, N. Y., 10019 
Tele. (202) 586-8397

FLETCHER FARRINGTON
Fletcher Farrington & Associates 
Post Office Box 9378 
Savannah, GA 31402 
Tele. (912) 233-0111



PREFACE TO THE EVIDENCE

1. Order of Exhibits. The affidavits and other docu­
ments submitted in support of this Motion are arranged in the 

order of their relevance to the chronology set forth in the 
Statement of Facts.

2. Admissibility of Evidence. In addition to being 
admissible under other Rules, all the evidence tendered with 

this Motion is admissible under Federal Rules of Evidence 

803(24). Those matters which are admissible under Rule 201(b) 
(fact not subject to reasonable dispute) are noted by "See 
Rule 201(b), F.R.Ev."

3. Affiants.

a. Dr. Robert C. Weaver is a preeminent scholar,
public servant, pioneer in race relations, and student of 

American Negro labor history. His affidavit is attached as 
Exhibit B and is cited as "Weaver, 1| ___."

b. Mike Sellers, 93, began his railroading career
shortly after the turn of the century. Mr. Sellers, a colored 

man, worked for Atlantic Coast Line as a switchman from 1926 

to 1963. His affidavit is attached as Exhibit C, and is cited 
as "Sellers, II ___."

c. David Jones is a plaintiff in this action. His
affidavit is attached hereto as Exhibit K, and is cited as 
"Jones Affidavit, 1| ___."

d. William B. Seymour is Assistant Vice President -
Personnel and Labor Relations of Seaboard Coast Line Railroad 

Company. His affidavit is attached to S.C.L.'s Motion for 
Summary Judgment, filed August 15, 1977, and to S.C.L.'s 

Response to Plaintiffs' Post Judgment Motion, filed January 14, 
1978. It is cited as "Seymour, 1( ___."



~\

4. Deponents.

a. Godfrey M. Davis and Uley Hamilton are clerks
employed by Seaboard Coast Line in Savannah. They currently 
have pending an action against S.C.L. and U.T.U., Southern 

District of Georgia, Savannah Division, Number CV474-69 which, 

in important respects, is like this action. Davis' deposition 
is attached hereto as Exhibit I, and is cited "Davis, p. . " 

Hamilton's deposition is attached hereto as Exhibit J, and is 
cited as "Hamilton, p. ___."

b. Donald C. Sheldon is Director of Labor Relations 

with Seaboard Coast Line Railroad Company. His deposition was 
taken in the case of Hamilton and Davis v. S.C.L. and U.T.U.,

on July 9, 1974. The deposition is attached hereto as Exhibit 
D and is cited as "Sheldon, p. ___

c. Booker T. Snowden is a trainman employed by
Seaboard Coast Line who works in Seniority District II. His 

deposition was taken in connection with his claim, since re­

solved, against S.C.L. and U.T.U. His deposition is attached 
hereto as Exhibit H, and is cited as "Snowden, p. ___."

d. Reference is also made to the depositions of 
plaintiffs David Jones, H.B. Starkes, Oliver Scarlett and 
Horace Thomas. Their depositions are on file with the Court, 

and are cited by the full name of the plaintiff and the page 
number.

IX



EXHIBIT A

Rules for Masters of 
the Plant System of

Trains on 
Railways.



' p P M H P S 39''
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1

COVER Revised Rules for the Government of Employes(sic) 
of the Plant System of Railways."



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.’‘-'-.X.'i'’'. <*5 •’F ■ • ■•■ ‘ ' -. , • *- *:

R U L E S

Go v e r n in g  E m p l o y e s

PLANT SYSTEM

Of Railways,

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And Superseding All Existing Orders or Instructions 
Inconsistent Therewith.

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GENERAL NOTICE.

T h e  M o a n in g  N e * 8  P a i n t , 

S a v a n n a h , G a .

1896.

Office of the G eneral Superintendent, ) 
Savan n ah , G a ., January 1st, 1890. j 

It is of the utmost importance that the proper 
rules for the government of the employes of a rail­
road company should be literally and absolutely 
enforced, in order to make such rules efficient. If 
they cannot, or ought not to be, enforced, they ought 
not'to exist Officers or employes, whose duty it may 
be to make or enforce rules, however temporary or 
unimportant they may seem, should keep this clearly 
in mind. If, in the judgment of any one whose duty 
it is to enforce a rule, such rule cannot, or ought not 
to be, enforced, he should at once bring it to the 
attention of those in authority.

All employes should be required to be polite and 
considerate in their intercourse with the public. The 
reputation and prosperity of a company depend 
greatly upon the promptness with which its business 
is conducted and the manner in which its patrons 
are treated by its employes.

General Superintendent.



31
dence is produced as to previous record, character 
aud ability, on Form S.T. 70.

13G. No person over forty years of age, not now in 
the service, shall be employed in any department 
without the written consent of the Superintendent.

137. Employes are expected at all times to be 
courteous and respectful in their demeanor, and 
those whose duties bring them in contact with the 
public and with patrons of the road, must be gen­
tlemanly in their address, neat and presentable iq 
their personal appearance. Failure to comply with 
these requirements will be regarded as evidence of 
unlitness to remain in the service.

138. No person will be employed as a telegraph 
operator at any station in the State of Georgia to 
receive and transmit dispatches governing the move­
ment of trains, who is less than eighteen years of age, 
and who has not had at least one year's experience 
as a telegraph operator and who has not stood a 
thorough examination, as prescribed in Rule No. 142.

139. It is the duty of all officers who are authorized v 
to employ men, to carefully select from among appli­
cants those whose intelligence, appearance, strength 
and character are such as to justify the belief that 
their services will be efficient and satisfactory, and 
who will develop ability sufficient to merit advance­
ment in the service.

R l I X t i  F O R  M A S T E R S  O F  T R A IN 'S .

140. Masters of Trains report to and receive their 
instructions from the Superintendent.

They will have charge of the movement of the 
traffic, and perform such other duties as the Super­
intendent may from time to time direct.

Thev will obey the orders of the Superintendent of 
Transportation or Car Service in regard to the move­
ment or distribution of cars.

141. They will exercise a general supervision over 
all employes in the Transportation Department on

30
their respective divisions, and see that the rules are 
fully understood and observed by them.

When a new Time-Table is issued they must re­
quire the acknowledgement of every conducror and 

’ , eugineman of its receipt before permitting them to 
run on the road.

142. They will examine conductors, engmemen, 
telegraph operators, flagmen, brakemen, flremen and 
all other employes as to the Rules, who are required 
to give or receive signals, and must know that each 
understands those pertaining to his duties before 
permitting him to go on duty.

• • 143. They will see that none but intelligent and re­
liable white men are selected for flagmen. In eases of 
emergency, they may permit conductors to select 
flagmen, but such men must be examined as directed 
in Rule No. 142, at the end of Lire trip, and m u st not 
be permitted to go ou duty again until such examina­
tion shall have been made.

144. They must attend to the proper distribution 
of cars, and see that all agents load and unload cars 
promptly.'

145. They will give special attention to the prompt 
movement of freight, aud see that there is no un­
necessary delay to trains in doing work at stations 
or in taking fuel and water.
• 146. In cases of accident or detention to 1 rains, 

they will proceed at once to the place and assist in 
removing the obstruction. They wiil see that every 
precaution is taken to protect and insure the safety 
of all property, either in charge of or belonging to 
the Company, making a detailed statement to the 
Superintendent at the earliest practicable moment.

147. In cases of accidents to freight trains where 
'  freight is damaged, they will promptly notify the

General and Commercial Freight Agent, that a rep­
resentative of the Freight Traffic Department may 
proceed to the place and take charge of the damaged 
freight

148. In cases of personal injury, where there may



be a question as to the condition of the equipment 
having contributed to the accident, they must ar­
range for an immediate inspection of such equipment 
by the Car Inspectors, and, if possible, by the Master 
Mechanic, or his representative, procuring a written 
statement of the inspection from those parties.

14b. They must see that no unnecessary empty mile­
age is made, that the proper number of cars are moved 
in each freight train, and that no mora freight trains 
are run than are actually required.

150. They must see that freight and passenger 
crews have the supplies necessary for the safe move­
ment of trains, requiring such reports from conduc­
tors, and making such personal inspection of ca 
booses and train boxes as will enable them to Bee 
that the supplies are economically used.

151. They must see that trainmen are supplied 
with all the necessary signals, and that they use them 
strictly in accordance with the Rules.

132. They must see that the rules for the govern­
ment of uniformed employes are enforced.

R I F F S  F O R  T J U I X  D I S P A T C H E R S .
155. Chief Train Dispatchers in all matters, ex­

cept those pertaining to Train Service, report to and 
receive their instructions from the Superintendent 
In matters pertaining to Train Service, they report 
to and receive their instructions from the Master of 
Trains.

154. Train Dispatchers report to and receive their 
instructions from the Chief Train Dispatcher. They 
will issue orders for the movement of trains in the 
name of the Chief Train Dispatcher.

135. Chief Train Dispatchers are required to go 
over their respective divisions as often as their other 
duties will permit, but not less than once every two 
months.

15(5. They are responsible for the proper working 
of the wires, the prompt transmission of messages 
and the economical use of supplies. *

32
157. They have charge of the operators on their 

divisions, and will see that the rules are understood 
and observed by them.

158. They must keep a record showing the time of 
arrival and departure of trains at telegraph offices, 
and of important occurrences, and such record 
should be carefully filed for future reference.

150. When they relieve each other they must make 
with ink in a book provided for that purpose exclu­
sively, a written transfer of all orders that may be 
on hand not fully executed, and must see that such 

■ orders and business pertaining thereto are fully un­
derstood by the relieving dispatcher.

160. Train Dispatchers must not move a train of 
inferior right, relying upon conductor and engine- 
man of trains of snperior right reporting for a clear­
ance order. (See Rule No. 528).

160 (a). “Work train limit orders” (except as pro­
vided for under Form H), “Signals orders,” or “An 
nulling orders,” should not be combined with, or 
made part of, any other order.

161. As far as practicable, they mnst notify tele­
graph operators and conductors and enginemen of 
all trains running in either direction, of any extra 
trains that are on the road, and their destination.

162. When two or more sections of a train are 
running on the same schedule, and one of the follow­
ing sections is going only to a junction, or non­
terminal station, notice to that effect must he sent to 
all trains of the same or inferior class running in the 
opposite direction. (See Rule No. 112).

103. They must use care in sending telegraphic 
orders, and must not transmit an order faster than 
the receiving operator can take and plainly write if.

163 (a). They will see that operators are provided 
with signals arid other supplies, and that they under 
stand the care and proper working of their instrn 
ments. batteries and signals.

163(b). They will direct line repairmen in regard 
to making the necessary repairs, and must see that

33



EXHIBIT B

Affidavit of Dr. Robert C. Weaver.



STATE OF NEW YORK )
) SS:

COUNTY OF NEW YORK )

AFFIDAVIT

Personally appeared before me, an officer duly authorized 

to administer oaths, ROBERT C. WEAVER, who after being sworn 

deposes and says that:

1. My name is Robert C. Weaver, I am currently serving as 

Distinguished Professor of Urban Affairs at Hunter College of 

the City University of New York. My complete resume is attached 

hereto. I make this affidavit in connection with motions now 

pending in the case of Oliver W. Scarlett, et al. v. Seaboard 

Coast Line Railroad Company and United Transportation Union, 

Southern District of Georgia, Waycross Division, No. CV 576-32.

2. I am familiar, in general, with the history of black workers 

in this country from the latter part of the 19th century through 

the second World War. I have published the following materials 

which are especially relevant to that subject:

BOOKS - Negro Labor: A National Problem, Harcourt,

Brace and Co., 1946, 329 pp.; Kennikat Press, 1969 (reprint).

MONOGRAPHS - Male Negro Skilled Workers in the United 

States, 1930-36 (Washington: Government Printing Office, 1939),

86 pp.

MAJOR ARTICLES (Not included in Books) - "The High Wage 

Theory of Prosperity," Franklin Lectures, June, 1935, pp. 3-34, 

88-97 (Based on Ph.D. dissertation). "Negro Labor Since 1929," 

The Journal of Negro History, January, .1950, pp. 20-38.



Reprinted in Arnold M. Rose (ed.), Race, Prejudice and 

Discrimination (New York: Knopf, 1951), pp. 117-31.

"The Economic Status of the Negro in the United States," Journal 

of Negro Education, Summer, 1950, pp. 232-43.

"Le Statut Economique du !SK)ir Aux Etats-Unis," Les Etudes Americaines, 

Cahier XXIX, Bimestriel, 1951, pp. 11-15.

3. I am also familiar with the status of Negroes in the railroad 

industry from the latter part of the nineteenth century through 

World War II. The foundation study of this subject, which is 

widely recognized as being authoritative is Sterling D. Spero, and 

Abram L. Harris, The Black Worker, Columbia University Press,

1931; Atheneum, 1968 (reprint). A later study, Herbert D.

Northrup, Organized Labor and the Negro, Harper & Bros., 1944, 

draws heavily on Spero and Harris. The Northrup study was up­

dated, under his direction, in a series of industry by industry 

reports, by the Industrial Research Unit of the Wharton School

of Finance. Report No. 16, The Negro in the Railroad Industry, 

by Howard W. Risher, was published in 1971. In 1965 Ray Marshall, 

then Professor of Economics at the University of Texas, published 

The Negro and Organized Labor, John Wiley and Sons. All four 

works are recognized as standard and are reliable authority 

on the subject matter.

4. Black Americans have long been employed by the Nation's 

railroads. The numbers so identified by the Census have 47,548 

in 1890 and 103,606 in 1910. Although the vast majority of them 

were unskilled (4/5 in 1910), in the South blacks were also 

employed in skilled capacities, primarily as firemen, brakemen, 

flagmen and switchmen. The greatest concentration in this group

2



was made up of firemen. Blacks had long been employed ’in this 

capacity, going back before the Civil War, and it was alleged 

that in 1905, the Atlantic Coast Line hired black firemen and 

switchmen exclusively. Railroads were happy to use this black 

labor because it could be had for substantially less money than 

was required to attract and keep skilled white persons.

5. Along with the rapid growth of the railroad industry in the 

last two decades of the 19th century came the organization of 

the railroad unions. The five operating unions, four of which 

were subsequently to merge into the United Transportation Union, 

all were formed during this period. Each of those unions, however, 

was founded for white men only, and each had in its constitution

a clause prohibiting blacks from becoming members.

6. By the turn of the century, the unions had succeeded in 

establishing work rules for their crafts which, in the case of 

the operating unions, included job selection on the basis of 

seniority. White workers found themselves in competition with 

lower paid black workers for jobs. The resulting animosity 

toward and resentment of black workers caused the unions to 

engage in a concerted effort to displace blacks from the skilled 

jobs on the railroads. It was spearheaded by the Brotherhood

of Locomotive Firemen and the Brotherhood of Railroad Trainmen. 

Beginning as early as 1898, the firemen led a campaign to dis­

place black firemen from the railroad, employing a series of 

strikes, discriminatory state legislation and associated efforts, 

including violence. The Trainmen called upon the other four 

operating unions to lend their support in that Brotherhood's 

effort to clear the railroads of Negroes.

3



7. Despite the strikes and threatened walkouts, white rail- 

waymen were not able to dislodge black workers during the decade 

preceding World War I. Even with these forces at work, black 

firemen and trainmen (brakemen, switchmen, and flagmen) were 

used on from 25 to 90 percent of the runs of southern railroads 

until World War I. Contrary to the practice for white persons 

holding those jobs, whose seniority permitted them to be pro­

moted to engineer (from fireman) conductor (from flagman) or 

yard foreman (from switchman), black workers were almost never 

promoted to those jobs. Thus, from its inception, seniority in 

the operating crafts was fully explicable only by reference to 

the race of the person holding the seniority.

8. In 1910, both the trainmen and the firemen were successful

in negotiating an agreement with the Southern Railroad Association 

limiting the percentage of blacks that could be employed in the 

crafts and limiting the geographic areas in which they could 

operate. Further, the 1910 agreement signed by the Brotherhood 

of Railroad Trainmen and the southern carriers barred blacks 

from being employed in the future as baggagemen, flagmen, or 

yard foremen. As a result of these changes and of the disparity 

in wages, a large number of blacks left the railroads.

9. it was in World War I that a fundamental change in the 

status of black railwaymen was effected. The impetus was 

provided by the federal government's taking over the control 

of the railroads. During this time, the government first 

exhibited an approach to Negro railroad employment that was to 

be repeated many times later. On the one hand, the government 

ordered that, after June 1, 1918 "colored men employed as fire­

men, trainmen, and switchmen shall be paid the same rates as

4



are paid white men in the same capacity." On the other hand, 

it encouraged collective bargaining between the carriers and 

the all-white unions. Since there was no "duty of fair 

representation" at that time, the effect was that black workers 

had no representation, all with government approval.

10. More importantly, the government sanctioned, at the 

Brotherhoods' insistence, the continued use of the "craft" 

seniority system with its racially exclusionary policies and 

clauses. The Brotherhoods as well as the carriers have sub­

sequently used that stamp of approval as a license to manipulate 

the seniority system to further exclude blacks from the skilled 

railroad operating crafts.

11. The "act of simple justice," as Director General McAdoo 

described his wage equalization order, exacerbated the Brother­

hoods' campaign against black workers. They were able to 

exercise great leverage to accomplish this because the removal 

of the color differential in wages greatly reduced the railroads' 

incentive to employ blacks, and because of the decline in rail­

road employment from 2 million in 1910 to 1.6 million in 1920 

(where it remained fairly stable until 1930).

12. In 1919, the Brotherhood of Railroad Trainmen proposed to 

the U. S. Railroad Administration a new set of work rules.

The Brotherhood forced acceptance of these rules by threatening 

to strike if they were not approved. The rules provided, in 

part, that:

When train or yard forces are reduced, 
the men involved will be displaced in order 
of their seniority, regardless of color.
When a vacancy occurs, or new runs are created, 
the senior man will have preference in choice 
of run or vacancy, either as flagman, baggage­
man, brakeman or switchman; except that Negroes 
are not to be used as conductors, flagmen, 
baggagemen or yard conductors.

5



Negroes are not to be used as flagmen 
except that those now in that service may be 
retained therein with their seniority rights.
White men are not to be used as porters, no 
porter to have any trainman's rights except 
where he may have established same by three 
months continuously in freight service.

The purpose of these new rules, according to the Brotherhood, 

was to put an end to "discrimination against white trainmen" 

by raising the requirements for admission and the standards of 

performance in the service for colored trainmen to the level 

required of white trainmen. While they no doubt accomplished 

those goals, the new rules also had the effect, through the 

operation of the apparently neutral seniority provisions, of 

putting blacks out of jobs they had long held.

14. The new rules operated to displace blacks as follows:

Custom, in most places where mixed crews were employed, had 

given the Negro the post of brakemen at the head end of the 

train, while the post of flagman at the rear end was reserved 

for white men.

The new agreement gave the white man the privilege of 

exercising his rights on the head end, yet barred the Negro 

from the rear end. The result was that the senior white men 

gave up their positions as flagmen and claimed their rights at 

the head end, while the younger white men took the job at the 

rear end which the Negro was not permitted to fill. The 

principle of seniority on which railroading was supposed to be 

founded became to a large extent seniority for white men only.

The Brotherhoods' president acknowledged this by saying,

"under this agreement a large number of white trainmen either 

on the extra list or out of service, who had been denied work 

as brakemen (head end) were permitted to select positions as

6



brakemen in order of their seniority."

15. The Brotherhoods continued their exclusionary efforts 

during the depression and up until World War II. The Brother­

hood of Locomotive Firemen, for example, negotiated agreements 

with Seaboard Air Line and the Atlantic Coast Line railroads 

between 1937 and 1940 providing that the "employment and assign­

ment of Firemen under the terms of the Diesel-electric agreement 

shall be confined to those firemen duly qualified for service 

on such locomotives; and that only firemen in line for promotion 

shall be duly qualified for such service." "In line for pro­

motion" meant only white firemen, since by custom and under the 

terms of the earlier agreements, Negro firemen could not be 

promoted to engineer.

15. The efforts of the Brotherhood to further erode black 

participation on the railroad reached its peak with the signing 

of the Southeastern Carriers' Agreement in February, 1941. That 

agreement provided that "nonpromotable" firemen were not

to be employed in excess of 50% of the diesel locomotive positions, 

and, in districts where more than 50% of the positions were 

already held by "nonpromotable" firemen, only "promotable" 

firemen would be hired. "Nonpromotable" firemen were always 

Negroes.

17. The above and foregoing facts are based upon my knowledge 

of the situation and upon my familiarity with the literature 

in the field, particularly with the works of Spero and Harris, 

Northrup and Marshall, cited in Paragraph 3 of this affidavit.

The facts as so stated are true to the best of my knowledge

7



and belief.

Further affiant sayeth not.

. Ljfj2<3^C^
ROBERT C. WEAVER

Sworn and 

before me 

of March,

subscribed 

this 21st day 

1978.

Public
RUDY B. SHERWOOD 

Notary Public, State o l New YBrk 
Nn. 2.‘ •'.514909 

Cuulifim l it: Kind's County 
Certificate fil«*d in New York County 
Commission Expires March 20, 1979

8



ROBERT C. WEAVER Distinguished Professor of Urban Affairs, Hunter College,
City University of New York

Born in Washington, D.C., 1907; B.S. (cum laude), 1929; M.A., 1931; Ph.D. ,
1934, Harvard. Married Ella V. Haith, 1935.

Professor of Economics, North Carolina Agricultural and Technological College, 
1931-32; Lecturer, University College, Northwestern University, 1947-48;
Visiting Professor, Teachers College, Columbia University, summer 1947 and 1948; 
Visiting Professor, School of Education, New York University, 1948-51; President, 
Baruch College, City University of New York, 1969-70; Professor of Economics,
City University of New York, 1970-71; Distinguished Professor of Urban Affairs, 
Hunter College, 1971 - .

Advisor on Negro Affairs, Department of the Interior and Consultant to the 
Housing Division of PWA, 1933-38; Special Assistant to Administrator, U.S.
Housing Authority, 1938-40; Administrative Assistant, National Defense Advisory 
Commission, 1940-42; Chief, Negro Employment and Training Branch, Labor 
Division, Office of Production Management and War Production Board, 1942-43; 
Director, Negro Employment Service, War Manpower Commission, 1943-44; Executive 
Director, Mayor's Committee on Race Relations, Chicago, 1944-45; Director of 
Community Services Division, American Council on Race Relations, 1945-48;
Supply Officer, Reports Officer and Acting Chief, UNRRA Mission to the Ukraine, 
U.S.S.R., April-September 1946; Member, Fellowship Committee, Julius Rosenwald 
Fund, 1949-51; Member of National Selection Committee, Fulbright Fellowships, 
1952-54; Director, Opportunity Fellowships, John Hay Whitney Foundation, 1949- 
54; Member, Advisory Committee on Urban Renewal, U.S. Housing and Home Finance 
Agency, 1953-55; Deputy Commissioner of Housing, New York State, 1954; State- 
Rent Administrator, New York State, 1955-59; Member, Research Advisory Committee, 
Commission on Race and Housing, 1956-59; Vice Chairman, National Board of the 
National Association for the Advancement of Colored People, 1955-59 and Chairman 
of the Board, 1959-60; Consultant, Ford Foundation, 1959-60; Member, Advisory 
Committee on the U.S. Census for 1960; Member, Visiting Committee, Joint Center 
for Urban Studies of MIT and Harvard, late 1950's; Member, Committee on Economic 
Policy, Advisory Council, Democratic National Committee, 1959; Vice Chairman,
New York City Housing and Redevelopment Board, 1960-61; Administrator, U.S. 
Housing and Home Finance Agency, 1961-66; Member, Board of Trustees, Antioch 
College, 1966-69; Member, Advisory Council of Woodrow Wilson School of Public 
and International Affairs, Princeton University, mid 1960's; Member, Board 
of Fine Arts, University of Pennsylvania, mid 1960's; Secretary, Department 
of Housing and Urban Development, 1966-68; Member, Board of Cou n c i lors ,  'Jni/’er- 
sity of Southern California Center for Urban Affairs, 1970-72; Member, Panel 
of Academic Advisers, Assembly on University Goals and Governance, American 
Academy of Arts and Sciences, 1970-71; Chairman, Task Force on the Democratic 
Development of New Towns, Twentieth Century Fund, 1971-72.

Current Affiliations: Fellow, American Academy of Arts and Sciences; Benjamin 
Franklin Fellow, Royal Society for the Encouragement of Arts, Manufactures 
and Commerce; Member, Building Research Advisory Board of the. National Research 
Council; Member, Comptroller General's Consultant Panel; Member, National 
Academy of Public Administration.



- 2 -

Director: Mount Sinai Hospital and Medical School; Committee for Economic 
Development; Metropolitan Applied Research Center; Freedom House; Bowery 
Savings Bank; Metropolitan Life Insurance Company.

Recipient: Spingarn Medal, 1962; Albert Einstein Commemorative Award, 1968.

Author: Negro Labor. A National Problem, Harcourt, firace, 1946; The Negro 
diet to, Harcourt, Brace, 1948; 'the Urban Complex, Doubleday, 1964; Dilemmas 
of Urban America, Harvard University Press, 1965; and articles on race re­
lations, minority employment, housing, and urban development.

Home: 215 East 68th Street, New York, New York 10021

Office: Department of Urban Affairs, Hunter College, 790 Madison Avenue,
New York, New York 10021



Bibliography:
BOOKS:

MONOGRAPHS :

PAMPHLETS :

PUBLICATIONS

Negro Labor: A National Problem, Harcourt, Brace and 
Co,, 1946, 329 pp.; Kennikat Press, 1969 
(reprint)

The Negro Ghetto, Harcourt, Brace and Co., 1948,
404 pp.; Hassell and Russell, 1967 (reprint)

*

The Urban Complex, Doubleday and Co., Inc. 1964,
297 pp., Paperback edition, Anchor Books, 1966. 
(Translated into Spanish: El ComnLejo Urbano:
Los Valores humanos en la vida urbana. Biblio- 
grafica Otneba, Buenos Aires, I9o9)

Dilemmas of Urban America, Harvard University Press, 
1963, 138 pp. Paperback edition At'neneun, 196~. 
(Translated into Portuguese: Problemas du 
Urbanisms no America. Distribuiaora Record,
Rio de Janeiro, 1967; Translated into Spanish: 
Dilemas de Urbar.isono, Pay.-Mexico, Mexico City, 
1972)

Male Negro Skilled Workers in the United States, 
1930-36, (Washington: Government Printing 
Office, 1939), 86 pp.

Race Relations in Chicago, (Chicago: Mayor's
Committee on Race Relations, 1944), 24.pp.

Community Relations Manual , (Chicago: American 
Council on Race Relations, 1945), 23 pp. 
(mimeographed)

• Manual for Official Committees (Chicago: American 
Council on Race Relations, 1945), 22 pp. 
(mimeographed)

Hemmed In (Chicago: American Council on Race 
Relations, 1945), 14 pp.

The Future of the American City, Ohio State '•'di­
versity, 1962, 11 pp. (Shepard Memorial 
Lecturer)

Cities in Crisis (New York: Urban America, Inc., 
1966), IS pp.

The Urban University, State University College at 
Buffalo, 1969, 7 pp. (Commencement Address)



ARTICLES
(Since 1933, I have published over 125 articles. Me . •: of the earlier 

major ones have been incorporated in my first three books. They were pub­

lished in the Annuals of the American Academy of Political and Social Science, 

International Labor Review. Journal of Land and Public Utility Economics, 

Journal of Political Economy. Proceedings of the Academy of Political Science, 

Proceedings of the Canadian Council on Urban and Regional Research. Quarterlv 

Journal of Economics, Social Forces, and other journals and magazines.)

Listed below are other major articles.

"The High Wage Theory of Prosperity," Franklin Lectures, June, 1935, pp. 3-34, 88-97 
(Based on Ph.D, dissertation)

"The New Deal and the Negro," Opportunity, July, 1935, pp. 200-2, Reprinted in 
Thomas R. Frazier, ed., Afro American History; Primary Sources (New York: 
Rarcourt, Erace and World, Inc. 1970), pp. 290-95

"Federal Aid, Local Control, and Negro Participation," Journal of Negro Education, 
January, 1942, pp. 47-59

"The Problem of Race Relations in Public Administration," Opportunity, July, 1943, 
pp. 108-111, 133

"Whither Northern Race Relations Committees ?," Phylon, Third Quarter, 1944, 
pp. 205-8

"Russia's War-Ravaged Ukraine Faces Enormous Housing Needs," The Journal of 
Housing, February, 1947, pp. 41-2, 43 and March, 1947, pp. 71-2

"A Needed Program of Research in Race Relations and Associated Problems,"
Journal of Negro Education, Spring, 1947, pp. 130-5

"Effect on Housing," in Robert M. Maclver, ed., Discrimination and National 
Welfare (New York: Harper and Bro., 1949), ch. IV

"Negro Labor Since 1929," Hie Journal of Negro History, January, 1950, pp. 20-38. 
Reprinted in Arnold M. Rose. ( e d Race Prejudice and Discrimination (New 
York: Knopf, 1951), pp. 117-31

"Relation of Social Chance to the Economic Bases of Society," Journal of 
Educational Sociology. February, 1950, pp. 351-62

"The Economic Status of the Negro in the United States," Journal of Negro 
Education, Summer, 1950, pp. 232-43



"Le Statut Economique du Noir aux Etats-Unis," Les Etudes Americainf's Cahier XXIX 
Bimestriel, 1951, pp. 11-15

"The Relative Status of the Housing of Negroes in the United States," Journal of 
Negro Education. Summer, 1953, pp. 343-54

"Summary of Conference and Plans for Future," Inventory of Research in Racial 
and Cultural Relations. Winter-Spring, 1953, pp. 204-13

"Some Basic Issues in Desegregation," Journal of Negro Education Soring 1956 
PP. 101-8 ------------

"The Private Negro Colleges and Universities - An Appraisal," Journal of Negro 
Education, Spring, 1960, pp. 113-20

s  ."The Changing Statu?' of Racial Groups," Journal of Intergroup Relations,
Winter, 1960-61, pp. 5-17

"The Negro Private and Church-Related College: A Critical Summary," Journal of 
Negro Education. Summer, 1960, pp. 394-400

"Urban Growth Problems and Research," Construction Review, June, 1962, op. 1-6

"The Federal Interest in Urban Mass Transportation," Traffic Quarterlv,
January, 1963, pp. 24-32

"Major Factors in Urban Planning", Chapter 9 in Leonard J. Duhl (ed.), The 
Urban Condition. (New York: Basic Books, Inc. 1963), pp. 97-112

"The Negro as an American," Vital Speeches of the Day. August 1, 1963, pp. 625-29. 
Also in an Occasional Paper on the free Society published bv the Center 
for the Study of Democratic Institutions, 1963, pp. 3-8; Lester Thcnssen, 
Representative American Speeches: 1963-1954 (New York: H.W. Wilson Company, 
1964), pp. 58-70; Jamye Coleman Williams and McDonald Williams, The Negro 
Speaks. (New York: Noble and Noble, 1970), pp. 65-73

"Physical Goals," Our Metropolitan Community - What Goals and Guidelines?
(Detroit: The Engineering Society of Detroit, 1963), pp. 13-22

"City Problems of 1964", The Annual Proceedings of the United States Conference 
of Mayors. 1964, pp. 87-95

"The Federal Government's Concern for Urban Design," The Role of Government in
the Form and Animation of the Urban Core (Cambridge; Harvard Graduate Scnool 
of Design, 1965), pp. 4-11. Also excerpts in Ekistics August, 1964, 
pp. 85-86

"Introduction," Symposium on Housing and Home Finance, New York Law Forum, 
December, 1964, pp. 459-63

"The Significance of Public Service in American Society," 50th Anniversary
Celebration, the University of Michigan Institute of Public Administration. 
(Ann Arbor: University of Michigan Press, 1965), pp. 17-23



EXHIBIT C

Affidavit of Mike Sellers.



STATE OF GEORGIA )
)

COUNTY OF CHATHAM )

AFFIDAVIT

Personally appeared before me, an officer duly authorized 
to administer oaths, MIKE SELLERS, who after being sworn deposes 

and says as follows:
1. I was born on June 12, 1885 at 908 Dennis Street in 

Jacksonville, Florida. I lived there until 1951 when I 

moved to 149 E. Street in Jacksonville. I lived there until 

June 15, 1956 when I moved to 708-1/2 Davis Street, also in 

Jacksonville. I live there today.

2. I first went to work for a railroad company with Fruit 

Growers' Express on December 2, 1904. I worked there as a 

reicer.

3. I went to work with the Atlantic Coast Line Railroad 

on December 2, 1924 at Sanford, Florida as a switchman. The 

reason that I have December 2 seniority dates on both rail­
roads is that the work was seasonal, and that was the date 

that everybody began to work. I retired on December 4, 1963.

4. I worked all my Atlantic Coast Line Railroad career 
either at Sanford or at Moncrief Yard in Jacksonville. I 

went to Moncrief in the late 1930's or early 1940's and stayed 
there until I retired.

5. Yard switching was done by a crew of five: Yard

foreman (Cap'n), who was always white, an engineer, who was 

always white, a fireman, who could be colored or white, and 

two switchmen, who could be colored or white. Up until about 
1910, both Fruitgrowers and Atlantic Coast Line used only 

colored switchmen and firemen. After then, they quit hiring 

colored, and only hired white, so you had some of both when
I went to work at Atlantic Coast Line.

6 . One of the two switchmen worked the footboard at the



head of the train, and was called a switchman helper. It 

was the dirtiest, hardest job on the crew. The other was 

called a Field man, and he worked at the back of the train 

like a flagman on the road. Both of them received the same 
rate of pay.

7. Train crews were made up by seniority whether white 

or colored were involved. If there were two white switchmen, 
the junior man in seniority always got the footboard. If 
there was one white and one colored, the colored man always 

had to work the footboard no matter how much seniority he 

had. If there were two colored switchmen, the Cap'n always 

put who he wanted on the footboard. This was the practice 
from the time I went to work in 1924 until the time I left
in 1963.

8. I have never seen a seniority list or a contract. The 

Brotherhood of Railroad Trainmen represented the yard foremen 

and white switchmen but colored switchmen were not allowed to 

belong to the union. In fact, we had nobody to represent us, 
and if the boss wanted to let us go, there was nothing we 

could do. It was that way from the time I started to the time 
I left.

9. After World War II, the railroad didn't hire any more 
colored switchmen until after I left the railroad.

10. I am a colored person.

MIKE SELLERS
Sworn to and subscribed before me

/Ly , 1978 .

CTT r T T7DC ! >  ̂ f

this Z 'L day of jP\ / t \ r L

■ - > •  'W  I 00. i - j ,  ( <..:jNOTARY PUBLIC