Correspondence from Cunningham to Ganucheau; Reply Brief for Plaintiffs-Appellants

    IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, REV. BR. L. HOPE, 

CHARLES JOHNSON, JANET 0. LePFLORE, 

JOHN L. LeFLORE, CHARLES MAXWELL, 

OSSIE B. PURIFOY, RAYMOND SCOTT, 

SHERMAN SMITH, OLLIE LEE TAYLOR, 

RODNEY O. TURNER, REV. ED WILLIAMS, 

SYLVESTER WILLIAMS and MRS. F. C. 

WILSON, 

Plaintiffs, CIVIL ACTION 

VS. NO. 75-297-H 

CITY OF MOBILE, ALABAMA: GARY A. 

GREENOUGH, ROBERT B. DOYLE, JR., 

and LAMBERT C. MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, 

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Defendants. 

SUPPLEMENTAL ANSWERS OF PLAINTIFF fig 

TO DEFENDANTS! INTERROGATORIES 
  

Undersigned plaintiff submits his supplemental answers 

to defendants' interrogatories propounded to each plaintiff 

on or about August 25, 1975, as Follows: 

2. See Appendix A. 

3. See Appendix A. 

4. See Appendix A. 

31. Plaintiffs do not claim that the City of Mobile's 

form of government has discriminated against any of the groups 

of persons referred to in interrogatories 6-30, except for the 

black citizens of Mobile. 

32. When the City of Mobile's form of government 

was instituted in 1910, it was the design and intention of 

those persons who constructed and participated in the Mobile 

government to dilute the votes of black citizens and deny 

them equal access to the political processes. Thus, the 

 



  

present form of government; the names of the particular per- 

sons having the described discriminatory intent are unknown 

to plaintiffs. Since the institution of the City's present 

form of government, the failure to alter or amend this form 

of government consitutes a continuing discriminatory omission. 

The names of all those persons who have supported this form 

of government, with its discriminatory effect, are unknown 

to the plaintiffs, and, indeed, it would be impossible to 

know and list the names of all such persons. A recent act 

evidencing the subject intentional discrimination was the 

opposition exhibited by Messrs. Doyle and Mims to the refer- 

endums that would have altered the City of Mobile's form of 

government. Additionally, all three of the present City 

Commissioners are parties to the continuing discriminatory 

omission, described above, of failing to alter or amend the 

City's form of government. 

41. (c)-(y) Plaintiff has no opinion. 

43. Yes. Since blacks are generally poorer than 

whites, the filing fee required of candidates is a greater 

percentage of disposable income of potential black candi- 

dates than of potential white candidates. 

45. See Appendix A. 

50. The only factor mentioned above in No. 45 

which should be retained in a constitutional system is elec- 

tion by a majority vote. As to other factors, see my ori- 

ginal answer to this question. 

51B. (a) The Commission form of government implies 

a multi-member panel with tvnecative and Legislative) powers. 

If such a panel were to have individually-assigned powers 

which were not jointly-held under the applicable law, then 

any plan of Commission government would still be an at-large 

system and thus unconstitutional given the prevailing political 

 



  

{(b) No, see (a). 

(c) Not necessarily. 

(3d) The Executive may be elected at-large. 

TI know of no limitations of the Executive powers which con- 

cern this action. 

(e) The legislative body must have a suffi- 

cient number of members so that there is no invidious 

discrimination against political or racial minorities. At 

this point I do not know the exact minimum number. 

(f) In my opinion all members of the legis- 

lative branch should be elected from single-member dis- 

tricts. The principles for division would be lack of 

invidious discrimination against political or racial mi- 

norities. For the minimum number, see (e) above. 

(g) In my opinion, the requirement of a 

majority vote, isolated from other factors such as multi- 

member districts, is not unconstitutional per se. 

53. Yes, the use of at-large elections denies 

blacks a meaningful voice in city government and dilutes 

their voting power. 

53.(c) The problem with the type of election 

system proposed in (a) is the at-large voting factor, 

not the number of districts. Allowing all the residents 

of a political unit to decide who shall represent each 

district provides nothing but geographical dispersion, 

not locally chosen representatives. 

59. (a)-~(b) Plaintiffs do not presently 

possess sufficient information on which to base an opinion 

on this matter. Plaintiffs may form an opinion when they 

acquire such information, in which case, defendants will 

be supplied with a supplemental response to this inter- 

(c)=-(u) Plaintiff has no opinion. 

 



  

See 

Appendix 

Appendix 

-d. 

 



  

  

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. U. BLACKSHER J... 1 ] 

GREGORY B.” STEIN 

CRAWFORD & BLACKSHER 
1407 DAVIS AVENUE 
MOBILE, ALABAMA 36603 

RE EDWARD STILL, ESQU. 
SUITE 601 - pL UIL 
2030 THIRD AVENUE, NORTH 
BTRMINGHAM, ALABAMA 35203 

Attorneys for Plaintirfs 

FLoR1D A 

STATE or ALABAMA 

LEON : SS 

COUNTY OF MBe3ELE ) 

Personally appeared before me, the undersigned authority 
f bd Sy », 

—— 

in and for said County and State, Olle lee av ok ’ 
  

znown to me, who upon being first duly sworn by me, on oath 

deposes and says that h ¢ is informed and believes, and on 

such information and belief states, that the foregoing answers 

to interrogatories propounded by the defendants are true. 

Before me on this the [oH day of 

19:76 ’ 

  

  

NOTARY PUBLIC, MOBILE—GCOUNTY, ALABAMA 

[Fon Cou), Flo A 104 

 



  

  

glial, : : " PLTH 
I do hereby certify that on this the LLU" day of January, 

1976, I served a copy of the foregoing Supplemental Answers to 

Interrogatories upon all counsel of record as listed below by 

1 4 

depositing same in United States Mail, postage prepaid, or by 

Charles Arendall, Esquire 
David Bagwell, Esquire 

Post Office Box 123 
Mobile, Alabama 36601 

S. R. Sheppard, Esquire 
Legal Department 
City of Mobile 
Mobile, Alabama 36601 

Va V 200 327 ~ AL zz Kei 

J. U, LL =F 
GREGORY B. (STEIN 

  

CRAWFORD & BLACKSHER 

1407 DAVIS AVENUE 

MOBILE, ALABAMA 36603 

EDWARD STILL, ESQUIRE 

SUITE 601 - TITLE BUILDING 
2030 THIRD AVENUE, NORTH 
BIRMINGHAM, ALABAMA 35203 

JACK GREENBERG, ESQUIRE 
JAMES NABRITT, ESQUIRE 

CHARLES WILLIAMS, IITI., ESQUIRE 
SUITE 2030 
10 COLUMBUS CIRCLE 
NEW VORK, N. Y. 10019 

 



  

APPENDIX A 
  

4, (a) Answered in original answers. 

(b) Answered partially in original answers. At 

the Mobile addresses listed, I lived with relatives. 

(e) Answered in original answers. 

(d) The election districts encompassing the addressee 

listed in my original answers, on the dates listed. 

(e) No. 

45. (a) Yes. 

(b) During the period prior to August, 1973, Mobile 

Municipal elections, as early as June, I was aware of and 

met Gary A. Greenough. Robert Doyle and Lambert C. Mims, 

I only know very casually, at best. 

(c¢) The only request that was made to the commissioners 

was in their official status en banc. This was done in sprin 

1974. It was for free or 10 cents bus fare in the downtown 

area of Mobile and between the Bel Air--Springdale Shopping 

complexes. It was deferred until the fall. Mr. Mims asserted 

it would not be proper as a study was in progress. It was 

added that this approach was on "the right track." This was 

at a Tuesday noon regular City Commission meeting. 

64. In my opinion, there has been a struggle on the formal 

and informal level between blacks themselves for positions 

of political leadership among blacks in the City of Mobile. 

Individuals involved include A. W. Gillard, President of 

NAACP, Noble Beasley of the Neighborhood Orgainzed Workers, 

David Jacobs of the United Students Action Movements, C. H.. 

Montgomery, no organization,. Henry Rembert, ACT and John L. 
’ 

LeFlore, Non Partisans Voters League. 

The manifestations of the struggle seem to have come 

 



  

about due to national forces and patterns. These were 

further enhanced by local grievness and real or perceived 

deficiencies in carcasion attitudes and acceptances of blacks 

in the community. Another strong element was that of per- 

sonality and charismatic appeal. 

There was much dissatisfaction among many blacks 

at the rather minimal access to decision making governance. 

Much of the time those who wished to take steps to improve 

this were fearful of political consequences. There certainly 

has been some discontent among some blacks over access to 

or participation in Mobile's cultural/traditional events. 

This was most clearly manifest in marches protesting aspects 

of the America's Junior Miss Pageant which led to near 

civil disorder in 1969. The Mardi Gras celebration under 

went a 'sub-surface" trauma about the same period with threats 

of disorder in or at parades and the dissolution of the 

Colored Carnival Association now regenerated as the Mobile 

Area Mardi Gras Association. 

Back to governance, there was strong protest over 

representation on city policy boards and there was acute 

unhappiness over employment and promotion. The latter 

resulted in a suit complaining of discrimination in the 

public safety sector of services in Mcbile. There is 

litigation due or in progress on that matter now. 

Schools and their integration has been a source of 

friction in the lated sixties and early seventies. These 

institutions have had problems with student discipline, 

construction and renovation and public confidence. The 

sources of the irritution run the gamut from die-hard segre- 

gationists to concerns for the safety of students, busing 

and convenience to quality of education impurted in them. 

There has been actual outbreaks of race related violence 

 



  

Mobile, Vigor, Satsuma, Theodore and Blount have had several 

cases of sucn discord). However, in the mid 70's conditions 

have decidedly improved. 

The three touch points, culture-traditional aspects, 

schools, governance and public service, had a decided in- 

fluence in civil rights leadership and black advancement. 

Undoubtedly, influenced by the rise of black militancy, 

suchs groups as the United States Action Movement and the 

Neighborhood Organized Workers rose and articulated black 

concerns on these matters. These groups and particularly 

certain individuals within, were quite vocal and active 

in making protests. There is evidences of excesses such 

as pressuring blacks to participate in boycotts by threats, 

beatings and fire bombing. A clear cut case of pressure 

was the surrounding of Ward 10 (Davis Recreation Center) 

in 1969 by persons of a threatening nature to pressure 

or induce blacks not to vote. The action is tated to 

have a decided impact on the defeat of Joseph N. Langan 

for Place One for the City Commission that year. He was 

replaced by Joe A. Bailey in a rather thinly veiled race 

related campaign. 

In the early seventies, the black militancy de- 

clined with the newer extreme leaders discredited or jailed. 

Also, some recognition of black greivances and action on 

them has taken much of the political passion from the move- 

ments. The more established groups survive, the not thriv~- 

ing. Thus blacks remain somewhat disoriented and not organized 

well as in the past. 

67. No. 

68. Because of the inclusive nature of the word "all" 

I responded in the negative. A small minority would oppose 

because of a measure of perceived police brutality or bias 

in black communities. Other than that, most blacks would 

 



  

- 

be in the affirmative likely more than carcasions due to 

high crime rates in black communities. 

69. Yes. 

70. Not applicable. 

71, No. 

72. Public and parochial schools would differ due to the 

feeling of dissatisfaction with the public schools on many 

matters particularly integration and student conduct. 

73. "No. 

74. Blacks would tend to be less for right-to-work 

legislation and for stronger unions. 

75, “No. 

76. Blacks would likely tend for garnishment and credi- 

tor statutes to be less easy to enforce. 

77. Yes. 

78. Not applicable. 

72. No. 

80. Blacks would prefer longer or "unusual hours" as 

many work while whites are free. This has been made super- 

fluous as many stores move towards extended or continous 

operation. 

8l.. No. 

82. Blacks would be even stronger against drug sales. 

They may be experiencing more problems with this factor. 

83. No. 

84. Blacks would take a more tolerate and less strict 

view. 

85. ‘a... No. 

(6
0)
 6. a. Blacks may be strongly opposed to obscenity in 

iroups. The younger may be more tolerant. movies in older age 

 



  

c. Blacks would probably be more opposed to govern- 

ment runned liquor stores, due to economic factors. 

87. Bo. 

88. Blacks would, for economic reasons, prefer increased 

industrialization. 

88. No. 

90. I would suspect that litter laws would be less salient 

an issue to many blacks in this class of income. 

Sl. Yes. 

92. Not applicable. 

93. Ko. 

94. This may concern whites more. 

05.5: No. 

96. Economics--utility rates--would concern blacks more 

than esthetics, particularly older and low income persons. 

97... No. 

98. The income class would be strongly for a decrease 

as the tax tends to burden them more. {That is, the blacks.) 

99. Yes. 

100. Not applicable. 

101. No. 

102. If this encourages more industry with available work 

which can be tapped by any number of blacks in this income 

class, blacks will favor it more. 

103. 1 %o. 

104. Blacks having less income, as a rule, would tend 

to favor lower rates if they subscribe at all. 

105. Yes. 

106. Not applicable. 

108. Black teachers will vary according to perceived needs 

and views of howpriorities should be set. 

 



  

110. Blacks would favor public transit more. 

ii, "No. 

112. Blacks would be more concerned about public housing 

and more favorable towards it. 

113... No. 

114. Lower class impoverished blacks wouldn't find this 

very salient. Other blacks would desire improvements as 

their neighborhoods tend to. suffer more from refuse and 

trash. 

129. Jay Higgenbotham October 1975 
Non Partisan Voters League members 
whose names I do not specifically recall September 1975 
Dan R. Bryant October 1975 
Roger Johnson October 1975 
Richard Clark October 1975 
Ethel M. Hayes October 1975 

131. Bolden 10 years 
Smith 12 years 
John LeFlore 5 years 
Wilson 3 years 
Scott several years 
Purifoy several years 
Ed Williams 4 years 

134." No. 

135. John L. LeFlore Summer 1975