Appendix Volume II (Exhibits)
Public Court Documents
June 6, 1977
486 pages
Cite this item
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Case Files, Bolden v. Mobile Hardbacks and Appendices. Appendix Volume II (Exhibits), 1977. 0650704e-cdcd-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a526b6dc-7de8-401f-8145-ed28af2df95e/appendix-volume-ii-exhibits. Accessed May 15, 2025.
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76-4210
77-2042
APPENDIX — VOLUME II [EXHIBITS]
United States Court of Appeals
FOR THE FIFTH CIRCUIT
No. 76-4210
WILEY L. BOLDEN, Et Al.
Plaintiffs-Appellees,
versus
CITY OF MOBILE, ALABAMA; Et Al.
Defendants-Appellants.
No. 77-2042
| WILEY L. BOLDEN, ET AL,
Plaintiffs- Appellees,
versus
CITY OF MOBILE, ALABAMA; ET AL,
Defendants-Appellants.
Appeals from the United States District Court for the
Southern District of Alabama
SCOFIELDS’ QUALITY PRINTERS, P. 0. BOX 53096, N. O., LA. 70153 - 504/822-1611
503
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1
2 HO By the way, I attended the program and you say there
3 ||lwere seven hundred black people in the audience?
4 ||A This would be my estimation.
5 iD I guess you were counting the people sitting in the
6 end zone stands, mostly?
7 UA No. I tried to look over it as I made a circle around
THE COURT:
the field and on the stage and I just did not see many black
people present at that bicentennial or that Independence Day
celebration.
Q In point of fact, I didn't see any black entertainers
and I thought that was regretable.
THE COURT:
Well, you ask questions and don't get into an
argument.
MR. BLACKSHER:
Were there any black people, entertainers, besides
the black people in the marching band?
A No.
Q We have the item seven, which is the center city
development authority which is, as my notes say, is suppose
to rejuvenate or help rejuvenate the inner city out to the
Loop; is that correct?
Let's don't get into another subject here. We will
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A Its basis of funding is from the member governments
that participate and contribute on a per capita basis and
they use that funding to match certain federal and/or state
or special agency programs.
Q What agencies in Mobile County participate?
A I am not sure, but I think all of the municipalities
in the County government are members.
9 Is the South Alabama Regional Planning Commission
controlled by the Mobile City Commission?
A No, sir.
Q To what degree does the Mobile City Commission input
have on any influence on its operation?
A Only as voting members. We are members of the
executive committee and various aspects of the organization,
So, that whatever our proportion of our population is to the
three county area, that is what our voting is.
Q Now, Mr. Greenough, in your 1973 election, you were
opposed by a Mr. Bailey, you were not?
A Yes, sir.
Q Were there any other candidates in that election?
A Yes. There were two others.
0 Who were they?
A Mr. Bridges, Earl Bridges, and Mr. Ollie Lee Taylor.
but we vote -- their voting is on a per capita formula basis.
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2 HO Mr. Ollie Lee Taylor was black?
3 ||A Yes, sir.
4d 10 How did the first election come out?
5 ||A Mr. Bailey and I were in the runoff.
6 10 Who was ahead?
sn {lA I think Mr. Bailey was.
sg {IQ Did you make any efforts to get black support in the
9 |loriginal election?
10 A I did from the outset of my campaign and all the way
11 ||through the runoff.
12 IQ Is it fair to say then that you were not concerned
13 ||about being tagged with the black vote?
IA I was looking for every vote I could get.
15 ||9 Bailey actually got some forty-eight point one
16 | percent of the vote in the original election, did he not?
17 A Yes, sir. 3
18 11Q And you were the decided underdog at that stage?
w | A I think everybody had that opinion, yes.
ap | 112 Did you go back to the black community and seek their
91 active support in the runoff?
99 A Xes,; sir. XY did,
9: UO Were you successful?
2 A I think the statistics would reveal that, yes.
Q Do you believe that the black vote or the vote of blacks
25
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in the black areas constituted the swing vote in that election?
8
A That is awfully hard to answer. I presume, if you
|
|
hold all other votes in isolation, the answer would be yes,
but I think this is a rather static way to look at it, 1
eink there is much more dynamics involved in the election
process, but actually I would have to say that generally,
probably, yes.
Q In any event, you did, in the runoff, secure a
substantially larger percentage of votes in the black areas
than you did in the initial race, did you not?
A To my recollection, yes.
Q Did you have any assistance from leaders of the black
community in connection with that campaign?
i A Fortunately, yes.
0 Well, I should say the younger element that has
n sometimes been described as the young turks, tended to be
: in support of my candidacy.
i Q Could you identify some of these?
A Well, there are some well known names and there are
. many others not well known, probably, but one who is now a
2 member of the Alabama House, Gary Cooper, was a very strong
” public supporter of mine. Milton Joiner, a young man with
whom I had gone to the University of South Alabama, and many
others.
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25
and I think Mr. Mims has discussed the representation or
lack of it of the City of Mobile on the supervisory
commission. I have neglected or did neglect to ask him, but
is there currently pending some effort to get that changed
by legislation?
A Yes, sir. Representative Gary Cooper has introduced
a bill which would accomplish several things. I am not
intimately familiar with it, except the essence of it is
to allow for a broadened base of representation on the board,
itself, as well as the board selection procedures and, thus,
I guess the supervisory committee.
I think that I would have to say, to my recollection,
I did publicly and I think my two fellow commissioners
both herald this as a positive step in the right direction,
although I don't think any one of the three of us saw this
as the ultimate cure and, again, I say I think representative
Cooper realizes these sorts of things must be taken one step
at a time.
0) Mr. Seales testified about the absence of a park in
the Texas Street urban renewal area and that is under your
jurisdiction.
Can you tell us briefly about that?
A Yes, sir. With the proper difference to our present
company, the delay in that whole program is traceable to the
24
25
as follows:
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MORNING SESSION
July 20, 1976 9:00 o'clock,
A.M.
THE COURT:
All right, Is Mr. Mims back?
MR. ARENDALL:
Yes, -sir.
LAMBERT C. MIMS
the witness, resumed the stand and testified further,
THE COURT:
All right. Gentlemen, you may continue with the
cross of Commissioner Mims.
CONTINUED CROSS EXAMINATION
BY MR. BLACKSHER:
0 Mr. Mims, I direct your attention to Plaintiff's
Exhibit 64, again.
Do you have it in front of you?
A Yes.
Q And in particular, to committee number 7, center
city development authority, and I understand that is some sort
of authority that is designed to help rejuvenate the inner
city out to the loop.
ret ett ade A ee ef Ef — a SE
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a
|
Would you be more explicit about what that authority
does?
A Well, this is a new authority that has been created
in recent months and the idea is to preserve what would be
called the older section of Mobile to make sure that it doesn]
deteriorate and that it is restored and refurbished and
rejuventated, so to speak.
Q You mean the older residential section or the older
business section?
A Both.
Q The city has only one appointment to that committee
or to that authority?
A No. This is in error as we brought out earlier.
There are several persons on this authority, including the
City Commissioners and if I am not mistaken the mayor, whoever
serves as mayor at the time, is the chairman of this
authority and it includes people who are connected with the
downtown Mobile Unlimited program, as well as other business-
men and property owners in the area.
Q Businessmen and property owners. Are there any
blacks on that authority and, if so, why not? A There are no blacks.
Q I asked why not?
A I could not answer that.
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no
24
25
Q They are appointed by the City Commission; is that
correct?
THE COURT:
If I recall correctly, your testimony yesterday was
five was the number including yourselves on that?
A I believe that's right, your Honor.
THE COURT:
Are there any other commissioners on that?
A If I am not mistaken the commissioner serving as
mayor is on there.
Your Honor, I am not sure if the other two commissione
are on there or not.
THE COURT:
All right.
MR. ARENDALL:
If your Honor please, I have here a list of the member
of that committee. Would you like that?
THE COURT:
Yes.
MR. ARENDALL:
This is dated March 25th -- no. The ordinance was
dated March 25th, 1975. I am not sure as to the precise
date of these, but members are all three commissioners, Mr.
James Van Antwerp, Jr., vice chairman of the committee;
Ss
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25
Mr. Ken L. Lott, who is an officer of the Merchants Bank;
Mr. Don Henry, and I don't know what he is. Mr. H. J.
Goubil, who is with Title Insurance Company.
THE COURT:
How do you spell that last name?
MR. ARENDALL:
G-o-u-b-i-1l.
THE COURT:
| Well, that gives seven, then, instead of five; three
commissioners and four businessmen.
MR. ARENDALL:
Yes. I understand, Judge, from Mr. Greenough, he
had something to do with the appointment of this and he can
testify about it perhaps and knows more about it than
Mr. Mims does.
THE COURT:
All right.
MR. BLACKSHER:
Mr. Mims, you are not suggesting, are you, that there
are no black businessmen or property owners who are not
interested in downtown Mobile?
A Absolutely not.
Q By the way, is there a similar authority or committee
that has, as its purpose, the rejuvenation of the black
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on
business districts of Mobile?
A This particular authority is interested in the entire
area from the water front to Government Street Loop, without
exception to race or color.
Q Yes, sir. I am speaking about the area from Broad
Street out Davis Avenue, north of the Prichard City limits,
which is where the black business district is, traditionally.
A There is no authority set up with the responsibility
for that specific purpose, no.
Q Can you direct your attention to number nine, board
of electrical examiners which there have been no blacks out
of a total of seven members, over the years, and I believe
you said that various contractors, the IBEW, Alabama Power
Company nominate people for this board?
A It is my understanding that people who are associated
with the electrical profession, for lack of a better word, are
the ones who are appointed to this electrical examining
board.
Q Once again, I want to make sure that the record is
clear that the City is not bound by ordinance or otherwise
to accept the recommendation of these private agencies,
is:it?
A I would not think so. However, we abide by the
recommendations of these various groups.
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0 Whoever they recommend, you as a formality, go ahead
and approve?
A Normally that is the procedure.
Q You are not suggesting either, are you, that there
are no black qualified electricians in the City of Mobile?
A No, sir. We have a very fine electrician working
for the City. In fact, he is head of the electrical
inspection department.
Q Item ten, citizens advisory group for the mass transif
technical study, which shows that three of the eight members
are black.
Isn't it true, Mr. Mims, that the federal government,
in an attempt to meet the Title six requirements, expressly
required the City to appoint the three blacks to that
committee?
A I do not have knolwedge of that requirement.
MR. BLACKSHER:
Would you mark this, Mr. O'Connor.
(Plaintiff's Exhibit 103 received and
marked, for identification.)
MR. BLACKSHER:
This 103 will be two documents. Actually, one is
the list showing the members of this committee, citizens
advisory group for mass transit technical study, and attached
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2 to it is a letter to Mayor Greenough from the South Alabama
Regional Planning Commission dated January 20, 1975.
4 THE COURT:
5 What is the number of that, please?
6 || MR. BLACKSHER:
7 103. Look at the list that I referred to at the
8 bottom of the first page and you will see where the South
9 Alabama Regional Planning Commission, pursuant to Title 6
10 of the Civil Rights Act, is recommending that people be
11 appointed. I believe there are two non-minority female,
12 two minority female and the same for males, right?
13 A This is correct.
14 Q In point of fact there appear to be only three blacks
15 as one of the other eight committee members, a minority person,
16 other than a black to act for the four that the Federal
17 government asked be appointed?
18 A Are you asking if they are a minority?
19 Q Yes, sir. I am asking if one of the remainding
20 eight members other than the three blacks is a minority
21 person?
29 A I imagine you could call Mr. Briskman a minority.
23 He is a jew. Mr. Zoghby is a Syrian.
24 Q One of those would classify‘'as a minority, in your
925 opinion?
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A I would think so.
Q Let's talk a little bit about the item eleven, the
citizens advisory committee on the Donald Street freeway in
which eleven of fifteen members are or were black.
Do I understand you to say it is defunct, now?
A I think perhaps it has already served its purpose
to try to establish this corridor through this area of the
city.
Q Why were there so many blacks on this particular
committee, Mr. Mims?
A If my memory serves me correctly, one of the require-
ments by the federal highway administration and others was
that there be people from the area that is being affected
and, of course, this road was going out Congress and Donald
Streets through Toulminville and my answer would be it went
through this area where many of these people lived.
Q It is a predominantly black residential area?
A I would say so, yes.
THE COURT:
What number was that?
A Number eleven.
THE COURT:
Okay.
MR. BLACKSHER:
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I
2 How did you locate the black people that served
3 | on that committee, Mr. Mims? How did the commissioners
4 locate them?
5 A If I recall the particular meeting, we sat down and
6 looked at the area that was being affected and tried to get
7 some people who were interested or would be interested in
8 || where the road went.
9 0 Yes, sir. I understand that. My question is, how
10 did you get the people?
11 A Well, sir, I look at a list of people and try to
12 recall who lives in what ward and what area of town and make
13 my appointments.
14 Q Did you have any difficulty in getting people to serve
15 on this committee?
16 A According to Mr, Joiner, who was our liasion..........
17 Q Milton Joiner?
18 A Earl Joiner, public works engineer, served as liasion
19 for the City Commission. According to Mr. Joiner sometimes
20 they had very high attendance of people who attended the
21 meetings.
29 Q No, sir. I asked about getting people to serve on the
23 committee?
o4 |lA I thought we were talking about serving. Persons don'lt
5 come to the meeting they are not serving.
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THE COURT:
The thrust of his question is in finding people to
make the appointments?
A Your Honor, I don't recall that specific point.
MR. BLACKSHER:
All right, sir. I next direct your attention to
number twelve. I think I have not moved the introduction
of Exhibit 103 and I so move.
THE COURT:
Let it in,
(Plaintiff's Exhibit number 103 received
and marked, in evidence)
MR. BLACKSHER:
Item number twelve, the codes advisory committee where
there have been no blacks.
Why is that, Mr. Mims?
A I could not answer that.
Q Architects, structural engineer, mechanical engineer,
electrical SHE hens: member of the building trades, a
general contractor, home builders, real estate -- this is a
body that passes on what building codes will be adopted and
enforced by the City of Mobile; is that correct?
A This is correct.
THE COURT:
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Does that imclude residences? 3
| A All buildings, sir.
* || THE COURT:
B All right.
: MR. BLACKSHER:
; In point of fact, Mr. Mims, not all or very few of
5 the people on this list, and I have that list before me,
2 a very few of them are actually recommended by an outside
10 ny. isn't that correct, or do you kmw?
i A I do not have the list before me.
12 || MR. BLACKSHER:
13 I think we will introduce this into evidence, your
14 Honor. This is the list and the ordinance that creates this
15 nA PE committee. Perhaps it will be useful to have all
16 || of these in the record.
17 | (Plaintiff's Exhibit number 104 received
18 | and marked, in evidence.)
19 | MR. BLACKSHER:
20 | I will go on to the next one, your Honor.
21 I move the introduction of 104.
22 THE COURT:
23 It is admitted. Go ahead.
24 || MR. BLACKSHER:
25 i {i Item thirteen is the commission on progress.
| got into that caused you to change its name?
A Well, economic -- in the area of economics. In other
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As I understand it, that is a committee that you
personally had some responsibility in forming?
A This commission was in existence when I assumed offic
in 1965. It was called a bi-racial committee. It was at my
suggestion, after the racial strife of the sixties and we
moved on to trying to make progress in other areas, that we
changed the name to commission on progress, because the
group was considering matters other than race related matters
and matters that dealt with things other than race, but I hav
had close association with this committee or this commission
over the years that I have been in office and this committee
has done a good work fer the people of Mobile.
Q There was a conscious effort to insure there were a
repetitive number of black people on this committee, I take
it?
A Yes. It was established as a bi-racial committee
from the very beginning.
Q What was some of the other areas that this committee
words, trying to obtain jobs for people and see that every
one could get a good job in Mobile. We have put forth every
effort down through the years.
This committee has also discussed problems as they
FEDERAL STENOGRAPHIC REPORTERS
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1
: related to police in public works and other functions of
: city government. So, at their meetings, many many different
: matters have been discussed, parks and playgrounds and
2 public work matters and police matters and general govermmental
5 services, all of these things have been discussed by this
? committee.
8 Q It sounds like it was duplicating the function of
2 | a number of other bodies that we have been talking about? |
10 A Well, I am sure there would be some overlapping in
2 a number of areas.
12 Q The important thing is that it had a bi-racial
13 composition, as I understand it, that was intended to create
1 a sign of unity in the community on these issues?
15 A I think it did create unity and created much more
16 unity than maybe it was given credit for having created.
17 Q You nevertheless thought the term bi-racial committee
18 was not an adviseable thing to have during the last part of
19 the sixties?
20 A During the late sixties it was known as a bi-racial
21 || committee and then, at some point in time and I could not
22 tell you when the name was changed, but it was, at my
23 recommendation, and I made a newsrelease on it and it is
24 all a matter of record. We did recommend to change the name
25 | because it was dealing with matters other than purely race :
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2 related matters.
3 Q Have you had any trouble finding black people to
1 serve on this committee, Mr. Mims?
5 A We, as far as I know, have been able to get people
6 to serve, not every one has one hundred percent-attendance.
7 It is spasmodic, as far as attendance is concerned, on both
: the black side and the white side.
| 9 | Q Okay. I next direct your attention to item fourteen,
10 the educational building authority.
11 As I understand it, this was some sort of authority
12 established to enable city bonds to be sold to finance
13 capital improvements on some educational facilities; is that
14 correct?
15 A So far as I know. You will have to refresh my
16 memory with some of these authorities, if you don't mind.
17 Q You don't happen to know which educational facilities
18 received the benefit of these bonds, do you?
19 A On this particular authority I could not tell you,
20 to save my soul. |
21 Q It wasn't the Mobile County Board of school commissianers, |
22 the public school system, was it? |
23 A I do not know. |
24 Q Could it have been some private schools? |
25 A I just said I do not know, counsel. |
|
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Q Who would know, Mr. Mims?
A Well, I assume that Mr. Arendall has the file with
the functions of these various authorities. I am sorry,
your Honor, I didn't bring all of this up here with me and
I hope the Court will understand that I can't remember all
of this,
As we indicated yesterday, we set these authorities
up and they serve as a vehicle for financing and we have
very little to do with it once the group comes to us and
asks us to form this committee or this authority. They go
on with the function and provide the buildings for public
use. So, I really -- I have been too concerned with drainage....
MR. ARENDALL:
If your Honor please, we have furnished to the
plaintiffs a list of the membership of each of these various
commissions and boards and indications of by whom they were
appointed or recommended and the copy of the ordinance under
which they serve. I see, as to this particular one -- and
I don't know this adds anything or will trigger anything
in Mr. Mims's mind, but this says it was the application of
Messrs. C. T. Cartee and Guy W. Reynolds and so forth.
A I remember a Dr. Thomas, a lady, if I am not
mistaken.
THE COURT:
5a
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(@
)]
Does that trigger what they came to you for in the
purpose of the authority?
A They came to be able to raise funds to promote an
educational facility.
THE COURT:
Was it a private school?
MR. ARENDALL:
Was it a private school?
A I know Dr. Thomas is associated with a private school.
So help me, I do not know what the ordinance says.
MR. ARENDALL:
It doesn't identify the school location or anything.
What is the name of the private school that Dr. Thomas is
associated with, Mr. Mims?
A It is my understanding that the school is located
on Government Street.
THE COURT:
Do you know the name of it?
A No, ‘sir.
MR. ARENDALL:
Whereabouts on Government Street?
A The school is located across from Constantines
Restaurant.
MR . BLACKSHER:
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Gulf Coast Academy?
A That is correct. I spoke at their graduation
exercise not long ago and I could not remember the name.
MR. BLACKSHER:
That academy has an all white enrollment, does it
not?
A I could not testify to that fact.
Q Did you see any blacks in attendance when you spoke
there?
A I don't recall any blacks being at the graduation
exercise.
Q Okay. The next one is item fifteen, Mobile area
public higher education foundation,
This has to do with the University of South Alabama,
doesn't it?
A I do not have the record in front of me.
Q Mr. Cleverdon is on the committee, Mr. Herron,
Mr. Little and Mr. Crowe.
A That sounds like the University of South Alabama
program.
MR. ARENDALL:
And Mr. Langan.
MR. BLACKSHER:
Right. Mr, langan, Mr. Smith and others: I won't
7
' MR. ARENDALL:
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read this into the record.
Is there any particular reason why there were no
blacks, to your knowledge, appointed to this particular
committee?
A No. I do not know that. I think perhaps that was
set up before my time at City Hall.
Q Well, yes. It was set up, apparently, in June of
1962. The appointments ranged though from -- well, except
for one year in 1962, they ranged from 1970 up to 1976.
A Yell, normally......
MR. ARENDALL:
May I call your attention that according to this
apparently the only appointment has come up on this board
since Mr. Mims came up on the commission was Mr. Joe Langan's
original appointment must have expired and he was re-appointe
on September 30, 1974, and that is the only appointment the
City Commission has had since that time.
THE COURT:
The city has one appointment to that board?
MR. BLACKSHER:
I will put this in evidence. It indicates to me the
original appointments were 10/1/70 and others in '70, '72
and.one in. 74.
d
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I beg your pardon. I see they were originally
3 appointed in 1970. TI apologize to you. I misread it. |
3 THE COURT:
2 | Who are the other appointing authorities?
6 MR. BLACKSHER:
Do you know, Mr. Mims?
8 A YI am sorry. It does say on the list.
9 MR. BLACKSHER:
10 There are sbme county appointments.
11 THE COURT:
12 How many?
13 || MR. BLACKSHER:
14 Five.
15 THE COURT:
16 County appointments?
17 || MR. BLACKSHER:
18 Yes, sir. And there are some school board
19 appointments numbering six.
20 THE COURT:
21 That is the county school board?
29 MR. BLACKSHER:
923 That's all we have.
24 MR. ARENDALL:
95 Jim, it could be that the Cleverdon was also a county
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n
3
appointment. Apparently, the city has six and the school
board has six -- that is, the county has six.
THE COURT:
So there are ten members rather than six members of
that board.
MR. BLACKSHER:
More than that, your Honor.
MR. ARENDALL:
It would be at least six and six is twelve and six
more would be eighteen.
THE COURT:
Okay.
MR. ARENDALL:
Assuming that Mr. Cleverdon was appointed by somebody
and he is on it.
MR. BLACKSHER:
We offer this.
(Plaintiff's Exhibit number 105 received
and marked, in evidence.)
MR. BLACKSHER:
Next I will direct your attention to number sixteen,
fine arts museum of the south at Mobile, which indicates ther
have been two blacks out of a total of forty-one members over
the years.
e
5
6
7
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FEDERAL STENOGRAPHIC REPORTERS
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A That is correct.
Q Are there no black property owners in the Fort Conde
area?
A I have no knowledge of any blacks owning land in that
area.
Q There are some black residents of that area, aren't
there?
Do you know why there have not been any more
blacks than that on this commission?
A As we indicated previously, normally people who are
interested in arts are appointed to this board, people who
make contributions and go out in the community and try to
raise funds that would help operate it and make capital
improvements. People who express a great deal of interest
in the arts have been appointed and recommendations have come
from the various groups.
Q There are a substantial number of blacks in this
community who are interested in the arts, aren't there?
A I am sure there must be.
Q Fort Conde plaza development authority, number
seventeen. There have been no blacks on that committee.
I believe your testimony was that it consisted of
three City Commissioners and property owners from t hat area;
is that correct?
|
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FEDERAL STENOGRAPHIC REPORTERS
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on
J
and thirteen members over the years. None of whom are black.
A Absolutely not. No residents at all in that area,
at this point.
THE COURT:
He means the immediate adjoining area.
A Well, your Honor, this authority has to do with
the property located within the interchange.
THE COURT:
Well, limit ours to that area.
A Well, that was what I was talking about. No, sir.
Not that I know of.
MR. BLACKSHER:
Eighteen is the Mobile Historical Development
Commission of which there have been a total of one hundred
Can you explain that, Mr. Mims?
A Only that we indicated yesterday that we received
recommendations from the various agencies that concerned
themselves with historic preservation and development and
we accept these recommendations as they come to us. Normally
they will give us, number one and number two, and we normally
select the number one recommendation on the list.
Q Well, this would certainly indicate that there aren't
any blacks who are interested in the historical development
of Mobile. You don't think that is true, do you?
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A All I can do is speak from experience. I haven't
heard from too many who were interested in it.
Exhibit 76, which is this neighborhoods of Mobile published
by the South Alabama Regional -- City Planning Commission,
excuse me, page three. Says the essential -- the topic of
this paragraph, "People, values and a swelling tone'.
"The essential population characteristics and broadly
basic values of today existed at this latter time. Migrants
from the eastern seaboard, scotch, irish, and english, were
settling as farmers in northern Alabama and were the first to
use the Tombigbee and Alabama rivers for transportation. Many
had settled in Mobile; their uneducated, rough and tumble ways
were in strong contrast to the educated, conservative and
living here. Yet, eventually there was merger of divergence.
The few remaining french and spanish families contributed
latin values to those of the two major groups. Although
approximately one-third of the population at this time was
indian or negro, these two minorities had little direct effect
on the value structure found in the city."
So, according to this report of Mobile Planning.
Commission, negroes have had little to do with the historic
development?
Q I am reading now, Mr. Mims, from Exhibit 76, Plaintiff
brthodox habits of the former New England traders and merchants >
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FEDERAL STENOGRAPHIC REPORTERS
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A They have had little to do with it.
9) Would you agree with the statement?
THE COURT:
I believe the statement is little effect.
MR. BLACKSHER:
I think you are right, your Honor.
THE COURT:
I just listened to what you said.
BLACKSHER:
It says they have had little effect on the value
S
E
tructure found in the city. Would you agree with that?
Well, that is a document of the City of Mobile and I
support the document.
Okay. I next direct your attention to number nineteen,
>
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L
che I Independence Day celebration committee.
Is that the committee that plans the fair at Ladd
tadium on the 4th of July?
J This is correct.
I see it has only one black person out of fourteen
members. Can you explain that?
Well, I can't explain the ratio, one to fourteen, but
I didn't understand your answer.
can say that all fourteen of these are not active.
I said I could not explain the ratio of one to
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FEDERAL STENOGRAPHIC REPORTERS
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fourteen. However, I could say that all fourteen have not
been active. The black member has been actives If I am not
mistaken it is Mr. Leroy Davis, a very fine businessman. .
Q And he was appointed by you, in fact?
A T'think that's right.
0 I think I will introduce this list of members into
evidence. For the record it shows who appointed them and when.
(Plaintiff's Exhibit number 106 received
and marked, in evidence)
MR. BLACKSHER:
Mr. Doyle and Mr. Greenough have not appointed any
black members to that commission.
Do you suppose that might have anything to do with why
you saw a smaller turn out than you expected of black people
at that event?
A No. I don't think that has anything to do with it.
I don't think the membership on the committee has a thing
in the world to do with the number of people who turned out.
recently just a second? Now, it started out with a marching
floats were there any blacks riding those floats?
I think there was a black lady on one of the floats
Q Could we talk about the event that we all witnessed here
band and then there were some floats that came out. Among those
A i gave the pledge to the flag.
|
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2)
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Q You are absolutely corrects She was the only black
person on the platform, as I recall.
A Well, that might be true, but I call your attention to
the previous years when we had black ministers on the platform
and on a number of occasions have had black people on the
platform. This year, maybe one was on the platform, but that
has not been the case every year. I know the first year we
had it we had the bishop, I think it was a black man from
New Orleans, came here and gave the invocation and other
blacks have been on it, too. I think Bishop Smith has been
on it and other blacks in years passed. I am sure the
committee, when they were ........
Q Well, what happened this year? There was a
conspicuous absence of blacks on that field this year and
I wondered what happened.
A Well, I am not a member of that planning committee.
Mr. Locket is chairman of that committee and they have worked
extremely hard to put on a good show for all of the people
of Mobile every year and we run ads in the Beacon and run
ads in the Mobile Press Register and we encourage people
and I have been on the radio time and time again on all
stations encouraging people to come to the Independence Day
celebration. We can't make people come to the stadium to
celebrate the birthday of our nation. I can't answer. ‘hat
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FEDERAL STENOGRAPHIC REPORTERS
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question,
Q The two principle entertainers were Mr. Jerry Clower,
a very fine comedian. I think you would have to admit that hi
style of humour was not ethnicly aligned with the black
culture, would you?
A I didn't look at it that way. Mr, Clower is a fine
christian man and I know he doesn't have any animosity or
ill feelings toward any race or nationality. I think that to
be a fact.
Q In point of fact, he made one joke of how he was
tired of shiftless people who weren't working or something
to that effect.
A Well, of course, if the shoe fits you have to wear it.
Q And the second major entertainer was the Nashville
Brass.
A A very fine group of entertainers, yes.
Q Who played a number of excellent songs, including
one rousing rendition of Dixie, as I recall.
A Well, that is correct and I was amazed that a black
major standing right in front of me stood up.
Q Along with everybody else, at that point?
A Well, if you were watching me, I was reluctant to
stand, but I am an American and I believe in our country and,
to be frank with you, I am a little reluctant to stand to
O
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FEDERAL STENOGRAPHIC REPORTERS
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anything other than to Amazing Grace and the Star
Spangled Banner.
Q I appreciate that, Mr. Mims. Let's move on to the
next one. The industrial development board is number twenty
and there have been no blacks out of a total of fifteen
members. The industrial development board, the ordinance
does not tell us what use is going to be made of the monies,
the capital monies, that will be raised through these municipa
bonds. 1 take it that is what it was for, wasn't it?
A The industrial development board is a vehicle whereby
industries can obtain funds to expand or develop new industrie
that create jobs and, over the years, many hundreds and even
thousands of jobs have been created because of this board's
involvement and because it can be used to obtain the funds
for industrial development and, of course, we have blacks and
whites in all segments of the community working at these
industries that have been provided because of this industrial
development board.
Q According to the list here, every one of the members
has been recommended by the Mobile Chamber of Commerce?
A I am sure this is correct.
0 And to get back to my last question, which really
wasn't answered. Can you tell me some of the plants, factorie
or businesses that have benefited from these bonds?
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FEDERAL STENOGRAPHIC REPORTERS
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A Well, a number of them. I think both of the paper
mills have benefited from these bonds, the new paint company
going in down at the Theodore Industrial Complex. I don't
have the list, but a number of firms have benefited and the
community has benefited.
Q Smith's Bakery?
A It is my understanding that Smith's Bakery used
industrial development bonds, yes.
Q And Coca-Cola Company, Delchamps?
A Well, there are a number of them and all of them mean
an awfully lot to this community. They have big payrolls.
MR. BLACKSHER:
We offer this.
(Plaintiff's Exhibit number 107 received
and marked, in evidence)
MR. BLACKSHER:
Wouldn't you think there were a number of black
businessmen that would be interested in serving on that parti-
cular board? |
A I do not know.
Q Do you have any boards or committees for the City of
A Well, anyone has an opportunity to come before this
Mobile that provide development bonds for minority enterprises?
board and seek funds or seek a bond program that would generate
537
FEDERAL STENOGRAPHIC REPORTERS
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~]
funds without regard to race. So, I would suggest that
minority groups or anyone else who would be interested would
come before this board.
Q Do you know whether or not any minority groups have,
in fact, used it?
A I do not know.
Q I am going to skip over a number of these and try to
make these move along a little faster, Mr. Mims, unless there
is something you would like to say about any of them.
You said, at this point in your direct testimony, that
the City Commission has little to do with these boards after
the members are appointed; is that correct?
A These boards that are set up on these authorities that
are set up for strictly financing, we have very little to do
with it. Now, I am not saying that we have very little to
do with all of these boards, because you skipped over one of
the most important ones.
Q The Housing Board?
A That's right. A very important board and we do make
appointments to this board and we do have close relationships
with this board.
W finance a lot of projects. The city of Mobile has
expended millions upon millions of dollars of urban renewal
funds that have cleaned out slums and provided better housing
SIR
FEDERAL STENOGRAPHIC REPORTERS
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for our people.
0 You will admit that the majority of the clientale
for the public housing board are black?
A This is correct.
Q And concerning the public housing projects that have
been built by the City of Mobile it is also a fact that they
have also been located in black neighborhoods; isn't that
correct?
A Well, they are located in predominantly the older
sections of the city, because this is ........
THE COURT:
Well, are they predominantly black?
A Your Honor... sv.ve
THE COURT:
I am speaking of where the work was taking place.
A Well, yes. I would say so.
THE COURT:
All right.
MR. BLACKSHER:
Back to my point about the involvement of the City
Commissioners once these boards are appointed.
Was it my understanding that they pretty much
functioned on their own once they are set up?
A Well, rhis is true and, as I testified earlier, TI
539
FEDERAL STENOGRAPHIC REPORTERS
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appoint people to these committees and boards that I have
confidence in and I don't pull strings. They are not
puppets on the string for Lambert Mims when I appoint them.
We depend upon these people to run these operations.
Now, that doesn't mean we don't have close communication or
close association with these people. We have one of our
own City Commissioners serving on the water and sewer board.
Well, certainly we discussed water and sewer board
problems and we have these people serving on the housing
board and we discuss problems as they relate to the
community.
THE COURT:
Now, it seems most of these boards are -- many of
them rather are established for a specific purpose and, after
that purpose is accomplished, some of them become dormant.
I am not sure about the Mobile Housing Board. Are these
members salaried members who function day to day or is this
an advisory board that just advises the Mobile Housing
Board?
A Your Honor, the Mobile Housing Board is more than an
advisory board. It is an operating board.
THE COURT:
First, is it a full time job?
A No. These businessmen are appointed.
FEDERAL STENO! RAPHIC REPORTERS
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THE COURT:
These are advisory people to whom?
A No, sir. These men serve as a board and they give
instructions to the director, the executive director, who is
a full time man and he has a staff.
THE COURT:
That is what I wanted to know.
A But this is a very responsible group of people and
they handle millions of not only local, but federal monies.
THE. COURT:
About how often does the board meet?
A I think it meets twice monthly, your Honor, and
then on call as needed.
THE COURT:
Some function -- I realize the comparison is not
exact, but something like a board of directors of a business
institution?
A This is correct. If I might add, we have more
contact with the executive director than we do actually with
the members of the board, because the members of the board
set the policies and the executive director then has to carry
them out and he communicates quite frequently with all three
commissioners and with the board of commissioners,
MR. BLACKSHER:
to
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FEDERAL STENOGRAPHIC REPORTERS
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That is Mr. Jimmy Alexander?
A That is correct.
Q Who, for the record, is white?
A White color or named white?
Q Race.
A Well, Mr. Gray is a black man on the board. The white
mans... 5%;
THE COURT:
Well, all right. We are going through them and I
would like to know something of their -- not a lot, but is
he a business man or social worker or government employee,
or what?
A All right. Let me take them one at a time, your
Honor. Mr. Gray is a black man on the board and he is with
the Mobile County Public School system and, if I am not
mistaken, he is an assistant principal at Shaw High School.
THE: COURT:
All right,
A Mr. Norman Cox is the president of the Patterson
Company.
THE COURT:
Is that a lumber company?
A No, sir. Wholesale supplies of some kind, flooring
and things such as this.
OQ
542
| FEDERAL STENOGRAPHIC REPORTERS
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THE COURT:
All right.
A And then Mr. David Frielander who is president of
Mobile Rug and Shade Company.
THE COURT:
All right,
A Then there is Mr. Howard Adair who is the supervisor
THE. COURT;
All risht,
A And then there is a Mr. Gary Ellis who is the owner
of a drugstore and he is a pharmacist.
THE COURT:
All. night.
MR. BLACKSHER:
Your Honor, I am introducing, as 108, the list that
Mr. Mims has just gone through.
THE COURT:
All -riszht,
(Plaintiff's Exhibit 108 was received
and marked, in evidence)
MR. BLACKSHER:
By the way, Mr. Mims, Mobile Rug and Shade is owned
by either you or your brother; is that correct?
or superintendent with the South Central Bell Telephone Company.
543
FEDERAL STENOGRAPHIC REPORTERS
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A Absolutely not. I wish it were.
Q You are not connected with it?
A Absolutely not. Mr. Friedlander is the owner of
Mobile Rug and Shade Company.
0 All right. In any event, what is your explanation
for why there aren't more blacks on this board that affects
the lives of so many black citizens of this community?
A I think the black community is represented and it has
been represented by Mr. LeFlore, who served on this board and
served ably, and as far as I am concerned, the blacks have
representation with the white members.
Q So you think they are adquately represented now?
A Yes, because I know that these men that I have
appointed to this board are just as interested in the blacks
as they are the whites.
Q Now, sir, we will go to item thirty, which is the
Mobile Library board which has had two black members out of
a total of twenty over the years.
You wouldn't suggest, would you, that black citizens
of Mobile are not interested in the public library?
A Not at all.
Q Can you explain why there have been so few blacks
appointed to this board?
A Not really. This board is more or less an advisory
4
FEDERAL STENOGRAPHIC REPORTERS
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board to the commission and in charge of the libraries and
the board of commissioners. The personnel who works for the
library board is under civil service and I could not tell you
why there is a two to fourteen ratio.
We, again, try to appoint people who are interested in
this particular phase of our community activity and people
who are willing to devote time to it. So, perhaps not too
many blacks have shown an interest in it or have come forth
and said we would like to have a part in the operation of the
library system,
Q Now, I take it that you haven't gone out and actively
sought black participation on this board then?
A No. I haven't personally, no.
Q Similarly the next one, item thirty-one, the greater
Mobile Mental Health Retardation Board indicates that there
are no black members.
You would not suggest, would you, that blacks aren't
interested in mental health and retardation in Mobile?
A No, I wouldn't. I wouldn't suggest that at all.
D Do you have any explanation for why there haven't been
any blacks appointed to this board?
A As I indicated yesterday, if I am not mistaken, this
is a fairly new board and these members -- and I do not have
the list before me, but these people are vitally interested
545
FEDERAL STENOGRAPHIC REPORTERS
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and have expressed great concern for mental health and
retarded children and retarded people. There are some people
who are more interested than others and I have found people
who have members or people of their family affected in these
areas are more apt to press for these needs than others.
Q Well, once again, I will ask you if there have not
been some black citizens of this community who have expressed
interest in the mental health problems of the community?
A I can't recall any blacks being in any meetings with
reference to mental health problems. Now, there may have
been. I am not saying there haven't been, but to the best of
my recollection, as citizens and we have had a number of group
who have come to City Hall with reference to the mental
health program, interested citizens, and to the best of my
recollection there have been i blacks among those who come
seeking funds or support for mental health.
0 Are you familiar with, Mr. Mims, with the Searcy
Hospital Human Rights Committee that was appointed by the
Federal Court in Montgomery?
A Just what I have read in the media is all I know about
1
D . You are aware that there are black members on that
committee, aren't you?
A I am not aware of the make-up of that committee.
546
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MOBILE, ALABAMA |
979
no
Q I think you said, concerning number thirty-three, the
3 |[Mobile Planning Commission, that it also is one of the most
4 important commissions of city government; is that correct?
5: HA I would say so, because it has to do with planning
6 [land zoning.
7 Q Do you have any explanation for why there have been
8 ||no more than two of fifteen blacks on that planning commission?
9 HA No. I know the gentleman who is on there now and the |
10 ||one who was on there prior to this gentleman being on, but
11 I could not tell you why the ratio is one to seven.
12 Again, this is one of those things where you really
13 are on the hot seat and you have to spend long hours listening
14 to both sides with their arguments and presentations, and it
15 is not easy to get people who will take this pressure, free
of charge, to be quite frank with you.
16
| 17 Q Are you suggesting that the presence of one member, |
8 ||one black member on this commission, is an adequate representa- |
19 tion of black citizens of this community? | |
20 A Well, I would think all seven of these members
2% represent the community adequately, regardless of a person's
97 color, when he comes before the commission for a zoning matter.
9 I think they are represented adequately.
5) Q Well, let's talk about zoning for a moment.
5 Can't you agree with me that the white members of the
547
FEDERAL STENOGRAPHIC REPORTERS
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980
committee are going to be less familiar with the black residential
and business areas of a city?
A No. I cannot agree with that because simply the
chairman of this commission, at this time, every week before
these matters come before the commission gets with the member
of the planning staff at his own expense and on his own time
and he visits every one of these sites that is coming before
that planning commission the next day or the next week. He
goes out into the communitites on hiw own at his own expense
and familiarizes himself with these matters that are coming
before that commission.
Q Mr. Mims, I said my point was that one can go out
and inspect the various sites that are the subject of the
attention of the planning commission, but unless one lives
in the area one is not going to know what the sentiments of
the residents or the people of the community are about how
that land is being used; would you agree with that?
A No. I would not agree with that.
Q Well, you have appointed Mr. John L. Blacksher to that
commission, have you not, the planning commission?
A Yes.
Q And is that the same Mr. John L. Blacksher about whom
we heard complaints earlier that owned a lumber company in
the Maysville area that was causing a nuisance?
24
25
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FEDERAL STENOGRAPHIC REPORTERS
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A Yes.
Q Do you think Mr. Blacksher is familiar with the
feelings and sentiments in that area about the way it is
zoned and planned?
A I think Mr. Blacksher is, because Mr. Blacksher has
met with the citizens of that area when they had a complaint
about his company. He went and met with them at one of the
local churches right next to his place of business and, as
far as I know, Mr. Blacksher, with the exception of the lady
who testified here the other day, has good raport with his
neighborhood.
Q Does Mr. Blacksher live iam that same neighborhood?
A No. Mr. Blacksher doesn't live there.
Q His address here is Tuthill Lane. Is that in
Springhill, the western end of town?
A Yes.
Q Item thirty-four is the policeman, fire fighters
pension and relief fund board and has had seven members over
the years -- excuse me, has had ten members over the years,
seven at present, none of whom has been black.
Now, I agree that there are relatively few, but there
are some black policemen and fire fighters; is that correct?
A I think the record will prove that we have black
policemen and fire fighters; yes, sir.
A LR NN ms — etme - : — . — -— - ——
981
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FEDERAL STENOGRAPHIC REPORTERS
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Q Is there any reason why none has been appointed to
this particular pension and relief fund board?
A Well, I think it was brought out yesterday that most
of these members of this particular board are people who are
familiar with banking and people who are familiar about
financial matters and the whole idea is to try to get as much
interest as you can from the money that you have available in
the fund so that it will be able to pay the pensions of both
black and white people when they retire.
Q My notes indicate, on direct, that you said or
Mr. Arendall said that three bankers, one business man, one
investment businessman, the fire chief and the police chief?
A I think that is correct.
Q You are not suggesting that there aren't any black
business men or bankers?
A Well, I have appointed a black banker or a savings
and loans man, a Mr. Davis, to various committees and have
used him as an advisor on a number of occasions. I have a
high respect for Mr. Davis who is a savings and loan man, but
Mr. Davis happens not to be on this particular board.
Q You say Mr. Davis is the only black banker or business
man that you know?
A I.didn't say-that.
Q There are plenty of others?
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FEDERAL STENOGRAPHIC REPORTERS
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A I don't know that many black bankers, no, but I know
a lot of black businessmen, certainly.
Q You are not suggesting or you wouldn't suggest, would
you, that blacks aren't interested in where trees are cut in
Mobile?
A Well, let me say this, I don't know of any blacks
who have expressed a great deal of opinion about trees. I
don't know of any who have expressed a desire to serve on the
tree commission.
As far as I am concerned, people have to have a desire
to serve. The only reason I am sitting here today as mayor of
Mobile and public works commissioner is because I had a sincere
desire to serve the people. If I hadn't have had that desire
I wouldn't have offered myself to run and I wouldn't have
run three times. So, people have to have a desire regardless
of. their color.
Q Are you inferring that black people in this community
just haven't had the desire, get up and go that you have
demonstrated?
A I am saying that I do not believe that the black
people have expressed the interest in the community that they
should have. I will say that emphatically.
0) Item thirty-six is your neighborhood improvement
council. It goes around various neighborhoods holding meetings,
551
FEDERAL STENOGRAPHIC REPORTERS
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984
encouraging paint up, fix up, clean up.
THE COURT:
What number is that? Mine is stapled together here.
A Thirty-six, your Honor.
THE COURT:
All right.
MR. BLACKSHER:
For example, problems with street lights, chairman of
the committee, when he hears a complaint, will write you a
memo personally that you can take action on. There have only
been six of forty-nine blacks on that council.
Surely black citizens in this community, I think from
the testimony, are interested in their neighborhoods. Do you
represented?
A I could not answer that specifically, but it would be
interesting to know if some of these blacks who have testifies
in this Court have been to these neighborhood improvement
council meetings and have expressed themselves there. They
certainly haven't expressed themselves to me as public works
commissioner. In fact, I have met people here in this Court
that I have never seen before.
RQ Well, let's see, what was this other group, community
service meetings that you mentioned along this point, in your
have any explanation for why there are no more blacks than that
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gv
)
On
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direct testimony, what is the relationship to the neighborhood
improvement council?
A Well, the community service meetings that I initiated
a number of years ago were primarily for ...... in
Q No. What is its relationship to the neighborhood
improvement council?
A There is no relationship with the exception we are
all trying to meet the needs of the community.
Q So you don't go into the neighborhood meetings through
the neighborhood improvement council, but you have gone in
through these community service meetings?
A This is correct. I have attended neighborhood
improvement council meetings in the past, but I don't make it
a practice to attend every neighborhood improvement council
meeting.
Q You say you have tried to go into all of the communiti
through these community service meetings?
A Yes.
0 And it is the only way you know of of finding out the
needs of the communities?
A Well, let me say this, many of the needs have been
brought to the City government's attention, because we have
gone into the communities and many of the needs have been met
because they were called to our attention at a community servi
es
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meeting in a given neighborhood and so, I say without any
hesitation, that the community service meetings have been
very beneficial to the people of Mobile and they have allowed
the establishment of a relationship or rapport between the
people and the city government that was sorely needed here.
Q You testified that you have been to meetings in black
areas , too?
A Oh, absolutely.
Q Is that what you said in your book, Mr. Mims?
A Well, I think you are referring to some meetings that
were held during the heighth of racial trouble here in our
city and I happened to have a copy of the book right here and
I can quote you page and chapter where Mr. Outlaw and
Mr. Langan, who was revered by the blacks and I went to the
and priests and black leaders from all over the place who
who was supposed to be the great hero for black people, they
called him just as many names as they did me and so, in that
kind of a situation, at that particular time, we did not go
back into any communities during those months when Beasley
was marching in the streets and Rap Brown and Stokley Carmichags
were making so much noise over the country and we had fire
bombings and there were times when I had to have my house
Davis Avenue community cemter and we had ministers and preachers
booed us and called us all kinds of names and called Mr. Langan,
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is 987
1
2 |guarded at night because of threats.
3 We did not go back after we were treated so rudely.
4 || Nobody but a crazy person would go back after they treated us
5 ||like they did. I will be frank with you about that.
8. 0 Well, there were a lot of people that stayed right
7 there, the people that reside on Davis Avenue, right?
8 A Sir, I don't mow.
9, {THE COURT:
10 I think we are beating a dead horse here. There were
11 black people undoubtedly who stayed and it was a time of racial
12 strife is his point.
13 MR. BLACKSHER:
14 You were going to quote page and verse?
15 A Well, I had heard you were going to call me a racist,
16 ||because of my book.
17 || THE. COURT:
18 Let's don't get into an argument.
19 ||[MR. BLACKSHER:
20 You heard what?
91 THE COURT:
99 Let's don't get into an argument. If you want to refer
93 to some page, go ahead.
2 A Your Honor, I was going to refer to the incident where
25
we went to Davis Avenue and were treated rudely and it is in
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my book.
THE COURT:
Did you vant him to........
MR. BLACKSHER:
The name of the book is 'For Christ and Country", by
Lambert C. Mims and published in 1969; is that right?
A Yes.
Q On page sixty-one -- well, it starts on page sixty
and you talk about going into the various communities and one
of the first communities we visited we found a disturbing
situation. In addition to the people of the neighborhood who
came to the meeting there was a large number of outsiders.....
THE COURT:
Mr. Blacksher, I really don't see any reason to that.
It is like asking a black person to go to some extremist white
meeting at a time of strife. I don't think that will
particularly help us.
MR. BLACKSHER:
The book doesn't indicate they are extremists. Let
me read from his book.
THE COURT:
The question is, you may offer testimony on what
he says was his ensuing conduct and whether it was safe to go
back or not. We all know there was a time back in the sixties
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of extreme strife in this coumtry and thank goodness it is
not expressing itself in those over actions now.
And I think we are getting off into something that
is encouraging arguments, so forth and so on.
MR, BLACKSHER:
Well, for whatever impeachment value, I will
introduce a copy of this.
THE COURT:
Go ahead, Mr. Blacksher. You may do as you wish.
MR. BLACKSHER:
"Some were from other parts of the City and some
were from far away. Most of these were militant blacks, but
many were clergymen, protestant ministers, catholic priests
and nuns. For nearly three hours these people accused and tri
to intimidate their City fathers. Never in my life have I
seen such abuse of public officials. We discontinued the
neighborhood meetings.
Recently I was asked, during a television news
conference, whether we were going to resume these meetings.
I made the statement that I do not intend to go back to a
meeting like that, again. To be abused and harrassed by
militant irresponsibles whose aim, as far as some of us could
determine, is simply to disrupt the whole City. I do not
believe that the people who elected us to the City Commission
ed
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1
2 ||lwould endure this kind of thing and neither will we."
| 3 And by the people that elected you, Mr. Mims, I
| 4 | take it you were talking about the people in the suburbs?
| 5 [A Well, I am talking about the City electorate, as a
| 6 |\whole. I don't think any sane person, as I said a moment ago
| 7 |lwould go back and willingly present himself for this kind of
| 8 |/[persecution and this kind of ridicule.
| 9 These paragraphs you have read, or this paragraph you
| 10 |lare lifting out of this book that has many, many paragraphs
11 |/that are all together different from this that talks about the
12 ||harmony that we have and all the good we are doing in the
13 |lcommunity. You are lifting from this book, for Christ and
| 14 |[Country, which has a lot of good things in it. You are lifting |
| 15 ||this out of context. This did not mean .......
16 |THE COURT:
| 17 I hate to keep pursuing it. I want to make a
18! |record,
19 We recognized that Lyndon Johnson had to limit his:
oo |visitations during those periods of strife and, for a period
| 91 |of time, according to the news reports, his main appearances
99 |Were at military bases and so forth. Let's get on to something
93 |more productive, gentlemen.
mL Well, let's talk about plumbers, Mr. Mims. Item
05 |thirty-seven, Plumber's Examining Board. No blacks have ever
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2 |[been appointed to that board.
3 Can you explain why?
a HA According to the, as I understand it, ordinance,
5 |the people on this board would be people who know something
6 |labout plumbing. For instance, I would not be very good on
7 |[this board because I don't know much about plumbing.
8 So, as I understand it, these people on this board
9 |lexamine applicants for plumbers' licenses and so we have
10 |lappointed, in accordance with the ordinance. I do not personally
know of a black master plumber in the City of Mobile. Now,
there may be some. I do now know personally a black master
plumber, for instance.
Q What about the recreation advisory board, item
thirty-eight. There is one black person out of twenty-two?
A Hasn't that board already served its time and isn't
it now non-existent?
Q My notes indicate that it was proposed by
Mr. Bailey. They were not reappointed in 1974 and that Mr. Ba
recommended all the names and you want Mr. Bailey to take all
of the responsibility for it; is that it? |
A Well, sir, I don't recall having made one appoint-
ment to this board, personally. I concurred with Mr. Bailey's
recommendations at the time, I am sure, but I don't recall
personally making one of these appointments and I couldn't
iley
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tell you, to save my life, who was on it.
Q Well, you certainly will agree, wouldn't you, that
there are many more blacks than indicated by this representa-
tion that are indicated in recreation in the City?
A I certainly do. The black people certainly utilize
the recreational facilities as much as amyone else in the
community, but this is something Mr. Bailey brought up. What
reason he wanted it for, I really do not know, and I could not
recall. I am sure I concurred in it. I don't know whether
the records shows I voted for it or not. It takes two to make
a majority on a three man team.
Q South Alabama Regional Planning Commission, item
number thirty-nine. This commission has the same members,
the same terms as the Mobile Planning Commission; is that
correct?
A This is right.
Q The Board of Water and Sewer Commissioners, item
forty. One black out of twelve over the years.
Can you explain why there haven't been any more
blacks on that board, Mr. Mims?
A Well, I think the blacks and the whites have suffi-
cient representation. As I said yesterday I have made one
appointment to that board, Mr. Moore, and somehow it was
worked around where he was the only one I can lay claim to,
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1
2 |because of deaths and because of vacancies and other
3 |lcommissioners would feel that this was their appointment and
4 | they have, therefore, replaced these people as they vacated
5 ||[the position and I can claim only Mr. Moore, who served as
6 |chairman, and I think does a fantastic job as chairman.
7 ||MR, ARENDALL:
8 Mr. Blacksher I will call your attention that you
9 |/remember that Bishop Phillips was formerly a member of that
10 | board.
11 ||MR. BLACKSHER:
12 Two blacks out of twelve. |
13 ||MR. ARENDALL:
14 Yes.
15 THE COURT:
16 So that should be one over in the prior black members
17 ||column?
18 ||MR. BLACKSHER:
19 All right. Mr. Mims, skip down to item forty-six, |
educational board. I understand your direct testimony to say
that this was a board furthering the employees' education.
I presume you mean the employees of the City of Mobile?
A As I understand this board, there are s¢ many
boards here that this could be some other board to get funds |
for someone. I do not know, but as I understand it, this is
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the board whereby City employees are screened, those who
want to further their education, and who are seeking City
funds for thelr tuition.
Q And this board is made up of department heads of
the City of Mobile?
A As I understand it. I do not have that list before
me.
Q And one member elected at large?
A If that is what the ordinance says.
Q Or appointed from among the citizenary, I should
say?
A Yes.
Q I guess that explains why there is no blacks on that
board since there are no black department heads?
A You said it. Is that a question?
THE COURT:
Mr. Blacksher, let me see if I can get the thrust of
your questioning. Let's see what your contentions are.
Is it your contention that there should be a pro-
rata membership on the boards of whites and blacks or what is
your contention?
MR. BLACKSHER:
Your Honor, our contention is that responsiveness in
the contexts of the voting rights cases has to do with the
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ete tn me Fee eth neem et J. 17 Sr fo
2 |laccess of particular segments of the community to participa-
3 |tion in the government:
4 ||THE COURT:
5 I asked you a question. Do you contend that must
6 ||be on a quota basis?
7 |IMR. BLACKSHER:
8 Absolutely not. I do not contend, over a large
9 |[number of boards or a large -- there has to be weight given
10 |[to the fact that blacks are present. |
11 ||{THE-COURT:
12 Let me make this observation. I cannot address
13 |/myself, in the opinion, too many details. On such things
14 ||as air conditioning boards, architectural review boards,
15 |lelectrical examiners, plumbing examining boards -- and I note
16 that counsel for Plaintiffs are all whites. In Title 7 cases,
17 |land I think I should take somewhat judicial knowledge of
18 |levidence that has come to the Court on these matters that.
19 |/|statistics have been offered to show that in skilled places,
90 ||and we know somewhat, for instance about lawyers, that there
91 ||/is8 a market lack of blacks who are attorneys and a marked lack
oo ||of blacks who are in skilled positioms.
Now, that may address itself to the whole structure
of how it came about, but I don't think it addresses itself
to people placed on a certain number of these boards. I only
FEDERAL STENOGRAPHIC REPORTERS
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2 | speak with reference to those, though, that call for some
3 |/special talent in placing people on boards. I think we have
4 |[to be cognizant of where there ate special talents that there
5 |/lmust be some pool from which they can reasonably be drawn.
6 ||I will give you an opportunity to say anything about those
7 ||remarks that you desire.
gs |IMR. BLACKSHER:
9 All I would say, your Honor, is that in every case
10 |there has been no evidence that there are not blacks neverthe-
11 ||less available for these occupations. The point of fact is
12 |most of these boards-.where some special skill is required, the
City Commission adopts the recommendations made by private
industry.
THE COURT:
Wouldn't the same thing apply to you? There are
some skilled black lawyers. Why aren't they here at your
table?
MR. BLACKSHER:
I don't know how to answer that.
THE COURT:
They very seldom appear in these cases. You are the)
lead counsel in this case, and, in most of these cases you are
23
= lead counsel. Why there may be some, you have to look at it
overall and then we run into a very difficult area. Like I
WV
]
1]
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say there may be, so far as the structure and how these things
came about, that is one thing, but I don't think those things
address itself to this Court in this case.
MR. BLACKSHER:
Well ,another point we would make, your Honor, in
a situation where the entire citizenary has to depend on these
particular boards and agencies for their livelihood.
THE COURT:
I am not talking about the other boards. These that
require special skills are those to which I refer.
MR. BLACKSHER:
Yes. Those boards pass on applications for things
like licenses and permits.
THE COURT:
Well, would you contend that you should put a person
who has no knowledge in that position just because they are
black or would you fly in an airplane with a pilot because he
was black and not qualified?
MR. BLACKSHER:
I would say, in the light of testimony of Mr. Randoljp
with respect to difficulties for blacks getting permits to be
plumbers where there are qualified black plumbers or electri-
cians, a responsive government would make some effort to see
that they are represented on these boards.
bh,
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MR, ARENDALL:
If your Honor please, I don't recall any testimony
being given as to mistreatment by any of these boards.
THE COURT:
Go ahead. I will let you gentlemen make further
statements. Like I say, this is my only forum to make such
‘comments and make my views known. It is impossible to go
into details on any decree, whichever way the case goes, one
way or=- the other.
MR. BLACKSHER:
Mr. Mims, I would like to talk about your testimony
concerning the master drainage project. You say that began
in 1972 and was approved or what?
A If my memory serves me correctly, it was presented
by the public works commissioner to the board of commissioners
in 1972 and was improved and we began to try to program funds
for this massive drainage program.
Q What is it going to accomplish?
A Well, it is going to alleviate flooding and correct
erosion problems in many areas of the city.
Q What work is being dome, now? Is it all being done
by engineers somewhere in an office?
A Well, Mr. Blacksher, I would like for you to get
in a car with me and I will drive you over the City.
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no
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THE COURT:
No, let's don't engage in that kind of answer.
A Well, we completed one not too long ago in
Toulminville. We have one underway in one of your law firms'
communities at Laurel and Devitt. We have a saltwater branch
off of Dauphin Island Parkway. We have completed a two
million dollar project called the Southern Drain in the
southern part of the City here.
I have a list of projects that are being built now.
I usually carry a list in my pocket so I will know where
people are working and big stickney, for instance, has been
underway and that is the one I just referred to, Saltwater
Branch.
Here is community development project and here is
one in the Texas Street area. The Zeigler Boulevard culvert.
We just awarded a contract this morning at seven-thirty,
incidentally, when we met for conference. Alba Club Road,
Arnold Road -- they are all over the city. Icehouse Branch,
Claridge Road, Bolton Branch, Broad Street widening and
drainage project.
Q Is this master plan spelled out in one document
somewhere?
A Yes. We have a brochure or folder or master drainag:
program. We have some projects that are being done on master
2)
or
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drainage and some projects being done under capital projects
and capital improvement funds and under the community develop-
ment funds. So, we have four major funds that we are talking
about, plus we do a lot of drainage work out of the operating
budget through the regular public works forces.
Q What about the Three Mile Creek drainage project,
Mr. Mims? What is happening on that?
A Well, I testified earlier that we had met with the
Corp of Engineers and because the Three Mile Creek runs into
Mobile River and that is part of the Tennessee-Tombigbee
system, we are going to be able to get assistance from the
Corp of Engineers and from the Federal government in the
improvement of this major stream that runs all the way across
the city from the western city limits all the way to the
eastern city limits, you might say, or to the Mobile River.
This is a major drainage system and it will be improved and
is being improved. We have dredged it on a number of occasions
and we have a regular maintenance program of Three Mile Creek
and we plan to make other improvements as we receive the
recommendations from the Corp of Engineers.
THE COURT:
All right. Let's take a fifteen minute break.
(RECESS)
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— o——— Ep | SA meet 001
THE COURT:
All right. You may proceed.
MR. BLACKSHER:
Before we get back to drainage, Mr. Mims, I wanted
to say, for the record, that with reference to the remarks
you said earlier -- I mean, this sincerely, I am not trying
to make you out a racist. I think the Court understands
what we are trying to show, what the Plaintiffs are trying
to establish, that white people who live in a different
culture from black people who live in different meighborhoods
have difficulty relating and responding to problems of black
people and that is all I am trying to demonstrate and I
wanted to make sure you understood that.
THE COURT:
Let me make these remarks in relation to what I
said about the boards and what census figures show about
black skilled workers. I do not mean for the City
Commissioners to take from that, that they don't have any duty.
The courts frequently required affirmative action to recruit
black people. So there won't be any misunderstanding, I was
just probing the Plaintiff's position and then there were
some remarks that I indicated that I wanted to make, because
this is my only forum. Go ahead.
MR. BLACKSHER:
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We were talking about the master drainage project.
I wanted to ask you, particularly, about the Three Mile
Creek drainage project, Mr. Mims.
You said there were three water sheds in Mobile;
Three Mile Creek, Dog River and one other, right?
A The Mobile River.
Q What is going to happen -- what kind of work are you
going to do to make the Three Mile drainage project an adequat
drainage service for the community it serves like I saw it
starts over in west Mobile. The complaints we have heard
to date have been from Trinity Gardens, Crichton, right down
on Davis Avenue where the Roger Williams project are all
frequently flooded and what other areas?
THE COURT:
Just one moment. Did I leave something out that
you wanted to comment on?
A Well, let me say this. The area that has complained
the most is in the vicinity of Stanton Road and Tonlours and
Shadowgay area. They have had more flooding and more complain
in this area than any other area along Three Mile Creek since
I have been in office.
I know, for a fact, that water has gotten up into
houses along the area of Shadowgay, which is just off of
Stanton Road.
e
ts
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Q Is that a white community, Shadowgay?
A Yes.
Q Tonlours is a changing community?
A It has changed, is my understanding.
Q It is now a majority black?
A It is now changing. I don't know what the percentag
would be. As I indicated earlier, this is a major watershed
or drainage easement and a great portion of the water that
falls in the City of Mobile, sooner or later, comes out of
Three Mile Creek up here on Three Mile Creek north of the
docks. The Corp of Engineers, in their study, will present
evidence as to certain culverts that need to be replaced or
certain bridges that need to be replaced that might be causing
an obstruction, things such as this.
It is very doubtful that the Corp of Engineers would
ever recommend that Three Mile Creek be paved from one ond to
the other. You know, there is just some things you don't do.
We have had recommendations from some citizens, both white
and black that we, you know, pave Three Mile Creek or put it
under ground or put it in a culvert and things such as this
that are absolutely not feasible. So, we are saying that
when the Corp of Engineers presents its recommendations to the
City and hopefully, at that time, we will get some Federal
funding, because the Corp is involved and then we can make the
e
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improvements that would be necessary to provide good
drainage. It will not necessarily mean it will be a paved
improyement or a covered improvement or some exotic looking
drainage system. It may still be a hundred years from now
an open creek. The idea is to provide drainage to keep areas from flooding.
Q Do I understand that you, at the present time, do
not know for sure what you are going to do about the overall
Three Mile Creek drainage project. You are still waiting
on something from the Corp?
A As far as Three Mile Creek itself is concerned,
we are making improvements to various tributaries going into
Three Mile Creek like the big Stickney, the little Stickney,
the Trinity Gardens Drainage, much of it will go into Three
Mile Creek.
Q What are you doing in Trinity Gardens right now?
A That is included in the community development
monies that will be, I am sure, presented later in this trial
by some of our staff people. The whole program will be
presented, but we have plans to try to drain Trinity Gardens.
So we can get on with the paving of the streets like we wanted
to do these low many years.
Q Those are still in the planning stage, the drainage
projects for Trinity Gardens?
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A Well, I consider anything in the planning stage
‘until you start turning the earth. But we do have definite
plans and, as I said, these will be presented by technical
people and members of our staff later on in this trial, I
am sure.
Q Can you give the residents of Trinity Gardens and
Crichton some word about whet the drainage problems will be
solved for their neighborhood or will be improved?
A Well, of course, we have been in the process of
making improvements all along. All improvements are not
necessarily from capital expenditures. Many improvements are
made from a maintenance standpoint and we have, from time to
time, made corrections here and yonder with our local public
works crews. For someone to say that we have not improved
the drainage in Crichton and Trinity Gardens I think would
be a misstatement. It has been improved.
The first time I went to Trinity Gardens you almost
had to fly over the area, to be frank with you. It is
so low. We have made improvements.
We have not reached utopia there, but we do have
definite concrete plans and hopefully some of this work will
be put under contract in the very near future.
As I said, I do not have the community development
program before me. Neither do I have the master drainage
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pt
oO
program, but all of this has been programmed.
Q Will the community development program that will
have a time table in it that will answer my question?
A Yes. With appropriate maps and everything.
Q Have you calculated and will we be presented
evidence on how much money has been spent by the City of
Mobile on the Three Mile Creek drainage project and the other
drainage projects.
MR. ARENDALL:
Mr, Blacksher, the answer to that question is that
we have never asked anybody to compile an itemization of
expenditures related directly to Three Mile Creek, but we will
have the staff people to give you the details about what is
projected for it.
MR. BLACKSHER:
The reason I asked Mr. Mims, of course, is the
little we have to go on -- this October, 1973 newspaper
article that indicates that the public works department, which
is your area, was allocated some eight hundred and ninety-
eight thousand dollars for ¥hree Mile Creek area drainage
programs; four hundred and sixty-two thousand dollars for
downtown area drainage program and some nine hundred and
forty-nine thousand for the Dog River area drainage program.
It is things like this that have given rise to the
[ ¢
!
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question, in our minds, about where most of the money is being
spent. Do you see the Dog River project or the Dog River
drainage problems as being more difficult to solve or warranting
more expenditures of money than the Three Mile Creek project?
A Well, the reason that some of these projects moved
ahead faster than others was because some of the plans were
more complete, at that time. Now, I don't have that article
in front of me, but we run into all kinds of problems as
you start planning and designing, not only drainage projects,
but road projects or anything else.
You run into rights-of-way problems. You run into
things that sometimes are beyond your control and so if you
have "x" number of millions of dollars allocated for each
year's program you go ahead with the projects as you have,
you might say on the shelf, the design and everything you have
on the shelf, and you go ahead with it.
Now, in that particular instance, apparently the
plans by the Volkert Company, now, they handle the Dog River
drainage easement or watershed. Apparently those plans were
ready to roll and so we proceeded. That does not mean that
the Three Mile Creek watershed is taking any lesser priority.
It may mean that converse, who is the engineer on that water-
shed, may not have had their plans ready or there might have
been easement problems.
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We find a lot of people are quick to complain, but
when you go out to try to get an inch of their land to get
the improvements on and then you have to take them to Court,
too.
Q Have you been to Court over the Three Mile drainage
project?
A I canndt say specifically, but I do know on many,
many of these projects we have problems after we have worked
hard to try to get the money allocated and after we have the
plans prepared and after we have the light on green and ready
to go and then we run head in to property owners who do not
want to co-operate, as far as the right-of-way is concerned.
That is a problem not only in black areas, but in white areas
in every area of the community.
Q You don't know wheather they have more problems with
that in the Three Mile Creek area than the Dog River area?
A No. I can't answer that.
Q Do you know specifically why the Dog River plans
were advanced more quickly than the Three Mile Creek plans?
A I just tried to explain that. We have three
engineers, Converse on Three Mile Creek, Pollyengineering on
the dewntown river system and David Volkert and Associates
on the Dog River project or system and all three of these
engineering companies are studying their watersheds and their
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prepared plans on these various projects related to those
watersheds and some plans are more advanced than others.
So, that is the best I can answer that question.
THE COURT:
I take it your answer to be the Dog River plans were
developed earlier than the Three Mile Creek plans?
A I would say so, your Honor.
THE COURT:
All right.
A Let me say, for the record, if I may, that there
certainly has been no reason on the part of the public works
commissioner or the city commission to hold back on Three
Mile Creek watershed, because it does affect a huge area of
our city and it is our desire to try to get all of these
projects done as quickly as possible.
I wish that I could snap my finger and do all of them
between now and the first day of August, but it is just a lot
of work involved as our people will try to show you, I am
sure.
MR. BLACKSHER:
While we were talking about Trinity Gardens in the
direct testimony, you recall the point being made that a
million dollars being spent in the Trinity Garden area and
twenty-seven thousand dollars in collected taxes and I want
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to clarify this point, however. Do property taxes provide
a very large share of the City of Mobile revenue income from
its citizens?
A Not necessarily, no.
Q In fact, most of the revenues of the City of
Mobile comes from other kinds of taxes; isn't that correct?
A Well, sales tax would be our main source of revenue]
Q And, of course, there is no way for you to know
how much of that was attributed by residents of Trinity
Gardens?
A Well, I don't think anyone, even the best of
experts, could tell you exactly how much money came out of
Trinity Gardens.
Q I agree with that. With respect to street paving,
now, we have these -- this information that was turned over
to us by your people, a Mr. Chapman, which is Exhibit 74 and
which we have summarized in Exhibit 75 and when we intro-
duced it, Mr. Arendall made the point that a number of some of
the streets are paved by private developers and I think you
re-affirmed that on your direct testimony.
Have you sorted out the number or miles of streets
that were paved by private developers as opposed to by those
that were paved by the City of Mobile?
A No. I have not and I have not seen your Exhibit.
v
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MR. ARENDALL:
Mr. Blacksher, we expect to put Mr. Summerall on
who knows whatever there is to know about that. He is the
paving man.
MR. BLACKSHER:
You did testify about resurfacing, Mr. Mims, didn't
you? I think you said resurfacing is not assessed to the
property owners?
A Resurfacing is out of the general fund budget.
Q This Exhibit by Mr. Chapman says, at the bottom,
that the information contained herein includes the miles of
gutters, paving and also includes resurfacing of streets that
was done by the city both before and after 1970, but you are
not familiar with this Exhibit and you haven't apprised yourself
of exactly how many miles have been developed, repaved or
resurfaced in the various neighborhoods?
A Well, I am not familiar with your Exhibit. I say
emphatically we do not charge for resurfacing.
Now, on a street like Lincoln Street, which was
a hard surfaced paved street, in my opinion, testimony previo
in this Court indicated that that person did not think it
was paved, but it was paved, as far as I am concerned.
Now, we are going out and tearing up a paved street
and we are putting down underground drainage and curb and
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gutters and that is an assessment program. If we go down
St. Joseph here on Dauphin Street or Gill Road or Dogwood
Lane or whatever it might be, we resurface the street at no
cost whatsoever to the property owners. It comes out of the
general fund, our operating budget of the City of Mobile or
capital outlay from the capital budget for the purpose of
re-surfacing. There is no assessment.
I don't know what Mr. Chapman has said there. I
haven't seen that. If he said we are charing for re-surfacing
he is in error.
Q Why couldn't you re-surface the Lincoln Street?
A Well, sir, I have tried to say all the time that
Lincoln Street was a surfaced street. It had a hard surface.
It was a paved street and ..........
Q I am asking if it was paved why couldn't you just
re-surface it?
A Because there were a drainage problem. This was
a complaint that people had built down on the lower side of
the street and I am very familiar with Lincoln Street. I
have been there many times. On the north side of the
street the houses were built in many cases lower than the
crown of the paved Lincoln Street. Therefore, the water would
go off of Lincoln Street down into the yards and under the
houses and, in one case, the person who was complaining had
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a big long limousine type of an automobile and we suggested
we put a curb up there or berm to keep the water from going
into his yard and that would affect him from getting in and
out of his driveway. When they came to the place where they
were willing to pay part of the construction costs of what
you might say is a new street and that is what is going to be
when they finish, then we proceeded with the project. So, I
am sure, over a period of years, Lincoln Street was re-
surfaced.
In fact, I am positive that Lincoln had a new
surface put on it, from time to time, over the years.
Q Concerning this assessment question, how is it
that you know until recently the residents weren't willing
to bear the assessment? |
A Well, sir, I had met with a Reverand Smith on many
occasions. In fact, in 1965, prior to my first election, I
sat on Reverand Smith's porch and also he has indicated to
the contrary, but I promised him I would look into it and
I did look into it and I had looked into it a number of times
and had talked to Reverand Smith on a number of occasions and
Q And Reverand Smith told you that people would not
bear the assessment?
A Revergnd Smith, to the best of my recollection, forever
A
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made demands. Number one, that he was a taxpayer, which I
understood quite well; and, number two, the City ought to
come out there and do something about his problem and my
contention was that we ought to be doing something about the
dirt streets and the unimproved areas of the city first and
then, as money and resources were available and as people
wanted to participate, then try to correct some of these other
problems of long standing and so it was not until about a year
ago or whatever dates the documents show that they agreed to
pay an assessment on Lincoln Street and it was, at that time,
that the City Commission moved forward with the project
taking two-thirds of the money out of the City treasury and
one-third of the money will come back from the project. Over
a ten year period, we will get one-third of it back from the
property owners.
It was not until they expressed a desire to share
in the cost of it that we went ahead with the project.
Q So the answer to my question was no?
A Well, I don't know what the question was now.
MR. BLACKSHER:
Would you read it back?
THE COURT:
He wanted to know back in the beginning whether or
not he refutes or the property owners refused to be assessed.
r
po
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Bo
A Your Honor, they did not indicate that they would
be willing to pay.
THE COURT:
Did they indicate that they wouldn't?
A That they would not pay?
THE COURT:
Yes.
A They did not indicate that they would pay. It was
more a demand that we come out and do something, because he
was a taxpayer and the most vocal one was Reverand Smith.
THE COURT:
In those discussions, did you inform them of the
necessity of property assessments?
A I could not say, under oath, your Honor, that look
you are going to have pay so much a foot, but it was under-
stood that everyone paid an assessment on street improvements
I am sure that was during our comments.
THE COURT:
When you say everybody understood, is that a matter|
of common knowledge or from your discussions, he could not
fail to understand it?
A I think from our discussions he couldn't fail to
understand it. Somebody had to pay for it.
p
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‘him there was a property assessment?
THE COURT:
No, no. Somebody having to pay it and whether a
citizen has to pay it are two different things. Did you tell
A Your Honor, I couldn't specifically say that I told
him he had to pay so much. I thought it was specifically
understood that everybody had to pay.
THE COURT:
Go ahead, Mr. SYzchsherea
MR. BLACKSHER:
Mr. Mims, would you agree that black citizens in
Mobile do have particular rised interests peculiar to them?
A No. I could not say that they have particularized
interests. The whole community has interests.
Q Well, since you have your book, for Christ and
Country before you, the kind of thing I am talking about is
discussed on pages sixty-seven and sixty-eight. I would like
to read these sections, if the Court will permit.
THE COURT:
Go ahead.
MR. BLACKSHER:
"We can no longer live in the days of our forefathe
Negroes no longer live down the lane and pick cotton. The
black man has been thrust into society. It matters not whet
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; —=k3017 l=
2 we like this fact. There is no escape. This problem must
3 be faced."
4 Then over on the next page -- I am skipping, but
5 you can fill me in any time you feel like there is something
6 you want heard. ''Reasonable white men must also realize the
7 predicament of the blacks. Since the 1954 Civil Rights
8 decision, the American negroe has made much progress, and
9 many white men have changed their atitudes toward the race
10 issue. However, many thousands of negroes find themselves
11 totally unprepared to assume their places of responsibilities
12 in society.
13 Reasonable white men must realize that the negroe
14 needs training and education, and that in many cases he needs
15 to be advanced culturally. Reasonable white men must patiently
16 go through this period of adjustment."
17 That is the kind of thing I am talking about
18 Mr. Mims. Don't you agree that those kind of interests are
19 particular to black citizens of Mobile?
20 A Well, I think the whole community has needs and
21 what I was trying to do in this chapter of my book was to show
99 that reasonable white men and reasonable black men and reasont
23 able Americans could work out the problems that we have and
94 of course, you have to take into consideration that this
05 book was published in the fall of 1969 right on the heels of
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all of the racial trouble that we had had in this country.
Q Well, now, concerning reasonable men, and let me
ask you, your views on this part at the bottom of page
sixty-eight, will you say that the ''megroes also must be
reasonable. They will have to realize that the events of
a hundred years cannot be changed in the snap of a finger.
The militant negroes want everything now. This is impossible.
The businessman starts small and grows. The farmer plants
a seed and cultivates before he gets a harvest. And it is
my firm conviction that the shouts and demands of the negroe
that the position of the negro race as a whole be changed now,
will never get the job done. If those who shout 'mow' would
spend half their energy trying to help the negro advance, they
would accomplish far more."
Do you still feel that way about the so called
negro problem?
A No, because you have a period of what, seven years
now, of basically harmony among the races in our community
and, at that time, as I said a moment ago, this was right on
the heels of the marches, right at the time where there was a
group, incidentally, called NOW when there were burnings and
there were threatenings and all kinds of things going on and
turmoil in the community and people were demanding and shoutir
and marching on City Hall and marching on the city audiotoriun
‘8
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no
and had demonstrations in the streets. What I am trying to
3 point out in this particular chapter of this book that was
4 published in 1969 was that reasonable white men and reason-
5 able black men are going to have to sit down and white men
6 are going to have to realize that there is a responsibility
7 at hand and the black people are going to have to realize
8 that they have responsibility also.
9 So, my main point here was to prove as reasonable
10 people set down they could work these things out. Of course,
11 there are other things that you skipped over. You skipped
12 over sections of this chapter that -- all of it is very
13 meaningful. For instance, you can read some of the things.
14 I will not go ineo it.
15 Q Let me ask you one more question on this what is
16 reasonable. I would like to read you a statement made by
17 a prominent black politician and ask you if this is reasonable. Ww
18 "The wisest among my race understand that the |
19 agitation of questions of social equality is the extremest
20 folley, and that progress in the enjoyment of all the
91 privileges that will come to us must be the result of severe
99 and constant struggle rather than of aritificial forcing.
It is important and right that all privileges of the law be
ours, but it is vastly more important that we be prepared for
the exercises of these privileges. The epportunity to earn a
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dollar in a factory just now is worth infinitely more than
the opportunity to spend a dollar in an opera house."
Would you say that is a reasonable attitude for
a black politician to take?
A I would say that is reasonable. I would have to
digest that sentence by sentence.
Q Let me point out that this statement was made by
Booker T. Washington, September 18, 1895 at the Atlanta
Cotton States and International Exposition and, of course,
what I have reference to is that your point about the things
that can't be changed in a snap of a finger, that occurred
over a hundred years ago. That was four generations ago,
Mr. Mims.
A Well, sir. I can't help what my father did or what
my grandfather did. In 1965 I saw a great need in this
community for some leadership and I was very happy in
business, but I saw a great need for service and I offered
myself as a candidate for the Mobile City Commission and for
eleven years my sincere desire has been to meet the needs
of this entire community,both black and white, and I have
devoted eleven years of my life to this task and the record
is there and you can search it from 1965 on, on October 4th,
until this day, and if you would be reasonable you would say
that Lambert Mims has tried to meet the needs of this communit yy .
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' asked Commissioner Doyle about City ordinances for fair or
Q Let me ask you, then, sir, the same question I
equal employment opportunity, for open housing, for public
accomadation, and the cross burnings legislation. Would you
be in favor of city ordinances on those issues?
A Well, on some of those matters they are covered by
federal laws and regulations that would supersede anything
we do anyway. So, it would be a waste of time and effort and
paper for the city to pass an ordinance about open housing.
I think people should live wherever their economic situation
will permit them to live.
If you can afford a forty thousand dollar home you
ought to be able to buy a forty thousand dollar home whereyer
it is. If you can't afford but a twenty thousand, well, a lot
of people can't afford but a twenty thousand. I am not
opposed to people living where their economic situation will
allow them to live.
I see no need for a city ordinance for that. I
think, as an American citizen, you have that right.
On the cross burnings, I deplore cross burnings. I
do not condone that in any shape, form or fashion. I brought
the two reverands who wrote me, Reverand Stokes and McCree anc
sent copies to everybody and his brother and said silence
might mean that you condone or something like this. I wrote
|
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those bretheren back -- and I think Mr. Arendall has a copy
of a letter and told them, 'You men know me better than to say
that I condone such things as this.' What a person does on
his personal property, as long as he complies with the Board
of Health regulations and the fire codes and what not, I don't
think I ought to get involved in telling him what he is doing
on his property. If he wanted to fly a red flag on his proper
then that is his business. |
Now, I would have no reason to oppose an ordinance
that would make it a fine or make it an offense against the
city to burn a cross on public property, on the right-of-ways.
I imagine that that would be already included in one of
our ordinances. If it is not, I certainly would not oppose
an ordinance that would make that an offense against the
city. |
Q Are you going to investigate whether or not it is
already on the books? If not, are you going to propose such
an ordinance?
A I would be happy to propose such an ordinance. I,
you know, have not had reason, up to this point, to pursue it,
but I think it should be an offense against the city to burn
anything on the City's right-of-way, crosses, boxes or trash.
In fact, I wish some people would quit burning their trash
in the curbs or gutters. Some people burn that and push it
ty,
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book. You mentioned, I think, in there that it cost you
into the storm drains and that helps with our drainage
problems.
Q Just a couple of other points, Mr. Mims.
One last point about something you said in your
thirty-five thousand dollars in your first campaign for
City Commission. I think that is on page seventeen. That
was the first indication I have had of firm evidence in
support of what has already been said here about what it migh
cost to run a City Commission campaign?
A Well, I believe I said we actually spent more than
thirty-five thousand dollars and although this was a lot of
money for a political novice to raise, it was probably a smal
amount as to probably what some people were spending. In fac
the opposition, at that time, perhaps spent ........
Q Nineteen sixty-five?
A Yes. The opposition, perhaps, spent far more than
that, because an incumbent was runnimg and so was the chairman
of the Democratic committee, at that time, and so was the
son of a former mayor who was a well known man and here I am
a farm boy from Monroe County came down to Mobile and, you
know, and had an opportunity to run for City Commissioner and
only in a free country like America could a guy come out of
the cotton patch to Mobile and get elected.
P
r
o
m
s
(3m
4
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It was because of hard work and shoe leather and
getting people to help you and then getting people to help
you I was able to beat all of the odds, according to all of
the political prognosticators. You know, this guy, Lambert
Mims, who is he? I had God on my side. I feel he led me
into the field of politics and I feel he put me where I am
today. :
Q Yes, sir. So you would say, at the present time,
it would probably cost more than thirty-five thousand dollars
to run a successful campaign on the City Commission?
A I wouldn't be surprised what with advertising and
media costs that it would be far more than that.
Q Mr. Mims, isn't it true that you are responsible
for Senator Perloff blocking this Roberts bill that would
change the form of government?
A That has been rumoured in the media, but that is
not true.
Q You haven't spoken to Meyer Mitchell about it,
have you?
A ~ I speak to Meyer Mitchell about many: things, but I
have not spoken to Mr. Perloff about it.
Q I asked you if you had spoken to Mr. Mitehell about
this bill?
A Mr. Mitchell and I have discussed the form of gover:
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ment in Mobile on many occasions, In fact, Mr. Mitchell is
a very strong proponent of the commission form of government.
He operates in many cities and he says this is the strongest
form of | government.
Q You are also a strong proponent of the commission
form of government?
A I believe with all of my soul it is the most
responsive form of government that the people of Mobile could
have. I do not know how any mayor, any nine councilmen or
nine commissioners or nine aldernmen could be any more
responsive than this City Commission is being, at this time.
My policy is to try to treat everybody with a
courteous reply and to move with a quick response and to have
a thorough follow through and I attribute that to my success
and the fact that I have been re-elected three times to this
office that I am privileged to hold.
I think we are responsive and some of these people
that have testified in this trial that they wanted this and
they needed that and, so help me, many of these people have
never crossed my threshhold into the office of the public
works commissioner of this city.
Q Mr. Mims, do you disagree with the other people tha
have testified that, in their opinion, that a black person
could not be elected in a city wide race for the City
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Commission?
A I don't necessarily subscribe to those feelings.
People said a country boy from Monroe Caunty couldn't get
elected to the Mobile City Commission because of the nature
of the politics in Mobile, but we proved them wrong. I think
a person who is qualified, number one, a person who is willing
and a person who is willing to put forth an effort, the
effort it takes and a number of things to win am ‘election.
It takes a willing hard working candidate and he must be
qualified and it takes people to help.
You can't do it by yourself and it takes some money
and you have to go out here and not be bashful and ask people
to contribute to your campaign.
Q Are you saying all things being equal that a black
candidate would have as much chance to win, at large, as a
white candidate?
A I think the right black candidate that would
present himself as an American citizen qualified to hold
whatever office he is seeking would have a chance to be
elected in Mobile, Alabama.
Q My question was, the same chance as an equally
qualified white candidate?
A Well, yes. I think a black person who presented
himself as a businessman or as a qualified person who got
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out and worked and sold himself on the fact that he was
to any office if he presented himself or herself, not as a
colored person, not as a black person, not against white
people, not for white people, but to go out and present
themselves on the fact that they are qualified and they were
sincerely interested in serving this community. That is what
the people want, somebody sincerely interested, not who is
the whitest or I am the blackest or I am the richest or
the poorest. They want somebody who ‘is dedicated or sincere
in their efforts. J
Q Can you point to any evidence that would support
this opinion you are expressing and, I take it you are saying
that the black candidate would have as good a chance as a
white candidate, all other things being equal?
A | I am saying that there are some black people in
this community who could run for any office and stand as good
a chance of being elected as I stood in 1965 when I ran for
office the first time, probably better.
Q What evidence do you have to support that opinion?
THE COURT:
Why don't we go onto something else?
MR. BLACKSHER:
Yes, sir. So, you are not in favor of City governm
qualified, I believe he would stand a chance of getting elected
nt
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being elected out of single member districts?
A I stated that I was a firm believer that the
Mobile City Commission or the Commission form of government
for now sixty-five years has responded and is responding
more and has responded more in the last decade than ever
before to the needs of this community and the record proves
it.
MR. BLACKSHER:
I have no further questions, your Honor.
THE COURT:
Mr. Arendall?
REDIRECT EXAMINATION
BY MR. ARENDALL:
Q Mr. Mims, may we have your book that there has been
so much talk about? I think we had better offer it all in
evidence.
MR. BLACKSHER:
I didn't offer mine, your Honor. It was
Mr. Menefee's and he wouldn't let me offer it.
MR. ARENDALL:
I offer, in evidence, for Christ and Country.
THE COURT:
Thank goodness it is a little book.
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(Defendant's Exhibit number 86 received
and marked, in evidence)
MR. ARENDALL:
Q Mr. Mims, I overlooked asking you on direct
examination about a couple of things that I would like to
ask you about very briefly.
Would you state generally what the current policy of
the City of Mobile is with reference to garbage collection?
A We collect refuse. We call it our solid waste
collection division. That division collects refuse from about
seventy thousand residences, twice per week, and we furnish
trash pick up with another division once a week.
Q Is that policy applied equally over both white and
black areas?
A Absolutely.
Q What is the City's policy with reference to street
cleaning?
A Our city is divided into -- if I am not mistaken,
about fourteen different areas and we have a street sweeper
assigned to each area and the streets in those particular area
are swept on a regular basis.
Each piece of equipment and each operator has an
area assigned and these areas are assigned without regard to
race or color or community or any other thing.
8
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Q All right. Now, we have had an awfully lot of talk
about commissions, boards and so forth. For about ten minutes,
I would like to ask you a few more questions.
THE COURT:
If you will give the number when you refer to a
board.
MR. ARENDALL:
Judge, I propose, in an effort to save time, to go
ahead and introduce such material as we have on cash of these
boards and commissions as to which Mr. Blacksher Has asked
any questions. I don't know any better way to do it.
What basically we have, as to each, is a statement
of members and a copy of the applicable ordinance and I don't
propose to ask any questions about most of these. But they
have not been marked, because we had not contemplated that it
might be desirable. to put them in. I suppose the best thing
for me to do iv...
THE COURT:
I really think it would be helpful to make it part
of the Exhibit 64 and then it will be altogether and can be
considered together.
MR. BLACKSHER:
I certainly have no objection, your Honor. It was
just a huge volume of material.
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THE COURT:
Let's make it part of Plaintiff's 64.
MR, ARENDALL: |
May I ask a few questions and then give them to
Mr. O'Connor?
THE COURT:
Surely.
MR. ARENDALL:
Now, I have not got, in this bundle of them, I have
only selected those that I understood Mr, Blacksher asked
questions about.
THE COURT:
I understood that.
MR, ARENDALL:
Mr. Mims, I notice that on the board of adjustment,
one of the members is Dr. R. W. Galliard.
Do you consider him ready, able and willing to
speak on behalf of black interests and the N,A,A.C.P.?
A Yes, I do.
Q On the audiotorium board, let me run these names
:
out and I wish you would stop me when I get to a black, if
you would? Charles Bedsole, William Ladner, Joseph Baker,
Robert Brazier.
A He is black.
|
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25
Q Thomas J. Gengo; Mrs. W. L. Russell?
A She is black.
Q John H. Castle; Taylor Hodge?
A He is black.
Q Dr. W. A, Ritchie; Mrs, Shepherd Jerome; Thomas
Bryant, Jr.; Richard A. Rowan,
Do you consider the blacks who are on there, such
as Mr. Taylor Hodge and others are fully capable of speaking
up for the black interests?
MR. BLACKSHER:
Are those presently on the audiotorium board?
MR, ARENDALL:
I am told by Mr. Greenough that they are,
The center city development authority is one of
the authorities that does not appear to have any blacks on
it, but I would like for you to identify, for me, Mr. James
Van Antwerp, Jr.? Is he not a member of a family that owns
a ares: deal of downtown real estate?
A He is,
Q Mr. Ken L. Lott is president of the Merchants
National Bank, which also owns downtown real estate?
A He is.
Q Who is Mr. Don Henry?
A He is manager of Gayfer's downtown store.
24
25
600
FEDERAL STENOGRAPHIC REPORTERS
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1037
Frank Schmidt; Gerald E, Williamson and Ted Hackney, secretany
of the chamber of commerce.
Do you regard each of these gentlemen to be out-
standing business men in the city of Mobile?
A All of these men are outstanding business men.
0 All right. Now, until the recent formation of a
bank that I believe is called the Commercial Bank --
Commonwealth Bank, a minority black financed and organized
institution, was there such a thing as a minority bank in
Mobile?
A Not to my knowledge.
Q I will ask you if it is a fact that a white woman
is president of that bank?
A Yes. She is,
Q The members or the bankers on this committee are
the chief executive officers of the four largest banks in the
City, are they not?
A That is correct,
Q There has been some talk here, Mr, Mims, about the
library. Does the Mobile Public Library offer its services
or facilities to all citizens of whatever color?
A Yes, it does.
Q By virtue of change in housing patterns, as a matte
of fact, the main building is now in a black or certainly hig
Xr
hly
6QL
FEDERAL STENOGRAPHIC REPORTERS
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24
25
integrated area, is it not?
MR. BLACKSHER:
x object, your Honor. There is no evidence that it
is and I would disagree,
THE COURT:
I will let him give an opinion.
MR. ARENDALL:
Maybe it isn't. I will ask you, do you consider
the location in a black or white part of Mobile?
A In my opinion it is a mixed area and predominantly
black.
Q Are you familiar with the location of the various
branches of the library?
A Yes.
Q Would you identify each and state where each is
located and indicate whether the area is predominantly black
or white?
A Well, we have a very fine branch in Toulminville
that is predominantly black. We have a branch on Davis
Avenue that is predominantly black. Dauphin Island Parkway,
down in the area where I live, that is about twenty percent
black, I would say, at South Brookley. We have a branch in
Cottage Hill. Black people live all around the Cottage Hill
library.
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1
" Q That is a predominantly white area?
3 A That's right, and there is a branch in Springhill.
4 Q That is the Moorer Branch?
5 A Yes.
6 Q Mobile Planning Commission, the membership is,
7 and again, I would like for you to interrupt me when I get td
8 a black member.
9 John L. Blacksher; Joseph M. Courtney; George L.
10 Langham.
11 A He is black.
12 Q Robert H. Massey; E. Allen Sullivan, Jr.; and
13 James C. Van Antwerp.
14 Now, with the exception of Mr. Langham, all of these
24
25
are white, are they not?
A Yes,
Q Do you regard Mr. Langham as being ready, able and
willing to speak for whatever particularized interests, if
any, blacks may have in regard to the Mobile Planning
Commission matters?
A I do.
Q Mr. Blacksher got after you about the policemen and
fire fighters' pension and relief fund board and let me read
the membership of this to you.
Dwayne Luce, is vice chairman of the board of the
603
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25
adjacent to Williamson High School that there was testimony
about yesterday.
THE COURT:
Is that predominantly black or mixed?
A I would say predominantly black.
Q Ward thirty-two, Trinity Gardens?
A Up here,
Q All right. Mr. Greenough,if you would get back on
the stand for a minute, please,
I would like an expression from you as to whether
you consider the parks and recreation program of Mobile
is operated in a fair or unfair amount insofar as blacks and
black areas are concerned?
A Well, I would have to say that on that balance we
probably have committed a larger proportion of our resources
to parks and recreation to the black population than we do
to the population of the City generally. I think that is
fairly obvious if you look over the dispersion of the parks
and the major recreation centers.
One thing that is a burden to us in Mobile, we
operate a pre-school program, because the Alabama Legislature
has not seen fit to provide one for the citizens of the state
in the public sector and we recognize that this is a need.
So, we provide one through the city recreation department
FEDERAL STENOGRAPHIC REPORTERS
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MOBILE, ALABAMA |
085 if -
1 |
2 which consumes roughly fifty percent of our staff resources.
; We would like to be able to devote those resources to other |
4 recreation programs, but until the legislature sees fit |
5 to act in that regard, we will have to continue. |
6 I think that we are very fair, try to be, at any
? rate. We recognize that particularly in parks and leisure
8 activity, it is basically voluntary, particularly when you
9 are dealing with people's children. There is probably more
10 controversy there among people than other normal business
in aspects of life, but on that balance, I would have to say
12 that we are very fair.
13 Q You refer to pre-school programs. Precisely what
14 is that, for what age children does that attend to?
15 A It varies, but generally speaking it is somewhere
16 between the age of four and six and seven, depending on the
17 particular program and the particular location. It is sort
18 of like kindergarden.
19 We don't have licensed teachers. So, we are not
20 technically giving classroom instruction, but we do teach the
21 youngsters how to get along with one another and getting
22 away from their parents at an early age.
23 THE COURT:
24 You made some statement that I missed a few
25 moments ago. I thought you made some statement with reference .
605
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25
to the amount of revenue with reference to the races?
A Yes, sir. I said I would have to say that on net
balance we spend probably a higher proportion of our
resources on parks and recreation for the black population
than the black population represents as a proportion of the
general population,
MR. ARENDALL:
Are all of your facilities integrated?
A Yes, sir,
Q Is your pre-school program integrated?
A Yes, it is,
Q Mr. Greenough, you have been a commissioner now
for what, three years?
A Two and-a-half, almost three years.
0 Do you consider you have been responsive to the
needs of all citizens, both black and white, to the best of
your ability?
A I certainly hope that I have, yes.
MR. ARENDALL:
No further questions.
CROSS EXAMINATION
BY MR; STILL:
Q Mr, Greenough, are you in favor of the continuation
606
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25
the adoption by the City of Mobile of an equal opportunity
job ordinance which would apply to businesses which were
smaller than fifteen members?
A Well, I think I would -- I know my attitude and
I think it is fair to attribute to my fellow commissioners
that our attitude is performance rather than promises or
ordinances unless they are enforceable and meaningful. Ther;
is not any point in having a great bunch of clamor and
discussion that is not going to produce anything.
We provide, in all of our contracts and require
of people that do business with the city government, equal
employment regulations and so forth.
Q Does the city make any effort:-to make sure that
is enforced?
A Yes, we do. We don't have a particular enforcemenf
division, however, it is required of our staff people to
review these things just as the prevailing wage rate is
involved in most of our contracts and things of that nature.
Q All right. But do I understand you correctly
that you oppose the adoption of an equal employment
opportunity ordinance because it would be unenforceable?
A I didn't say I opposed it. If we vigorously
proposed it, it would harm blacks, particularly in the
CETA program.
Ww
W
v
y
607
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|
2 Q I am talking about private programs in the City
| > || of Mobile.
3 A We don't run private employment in the City of
| p Mobile,
6 Q If you adopted an ordinance regulating private
employment to provide that it had to be on a fair basis,
equal employment opportunity, are you for or against such
an ordinance?
10 A Well, I don't think that I can answer the
i question put that way. Let me respond this way. I think
12 that our businesses in our nation have enough regulations
13 now and just because you pursue a single purpose goal you
14 can pursue it to the point that it is counter productive
15 and I think that is what results in what you suggest,
16 in my opinion. It is a matter of judgment, I suppose.
17 Q Would you favor the adoption of an equal
18 opportunity housing ordinance of any sort?
19 A I think that the laws of the United States are
20 sufficient to pursue that goal. What I am trying to say to
21 you is I don't see where anything of substance or anything
22 meaningful, in our community, would be gained by going
23 through such a process.
24 Q Now, have you made any sort of an analysis,
25 either as a City Commissioner or at the time you were with
608
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24
25
Q The difference then being economic level of the
group shown on the second page of this graph is higher than
on the first page; is that correct?
A Yes.
Q Would you comment on that?
A Well, again, we have the same phenomena. This is
the data that appears on one twenty of my desertation, again
with 1973 added.
Roughly, the same in 1953 we had a rather low
percentage difference between the two racial groups and it
begins to increase in '57 and, in the 1960's it really peaks
and really so in 1965 and in 1973 dropping down almost to
the 1953 level.
Q Would you be seated again, please?
Dr. Voyles, Exhibit 28 reflects the ward by ward
vote for each of the candidates in the 1973 election. I
will ask you if the opinions that you have expressed are
supported in any respect by the returns there for the blacks
who ran?
A Well, I think it is supported rather well by the
returns for the blacks in that particular election.
Q Did black voters support white candidates over
those in their own race in that campaign, in that election?
A For the most part, yes, they did.
: 609
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25
that Mr. Bailey's mean in these black wards was forty-three
point three three percent of the vote in the first election
and Mr. Taylor's was thirty-eight point one seven; is that
correct?
A Yes. This is correct,
Q And that in the Mims - Smith race, Mr. Mims's
vote was forty-three point four three percent and Mr.
Smith's was forty-one point five zero percent; is that
correct?
A Yes.
Q And. now, looking at the third of these summaries,
would you tell us, that is headed summary of data, shift of
the black swing vote to Greenough in 1973 runoff, would you
tell us what this reflects?
A The first section -- again, it is the listing
of the wards by groups showing the returns for Mr, Bailey
and Mr. Greenough giving the means for the low income
black wards, the low middle income black wards and then
the total mean which would be the combination of the two.
As you can see, as a total mean of the wards we
classified black, Mr. Bailey received forty-thrze point
three percent and Mr, Greenough fifteen point three nine
percent in the first race and then, in the second race,
below that . es iedis
6L0
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Q In the runoff, how did it come out?
A In the runoff, we did the same thing, which is
the second group of figures. Mr, Bailey received fifty-nine
point three percent and Mr, Greenough forty-three point
two percent.
Q What effect, in your opinion did this shift in the
vote in the black wards have on the Bailey - Greenough
runoff?
A Well, it was vary significant in the election of
Gary Greenough as finance commissioner of the City of
Mobile. As you can see by the figures, Greenough gained
substantially more between the first race and the runoff
than did Mr. Bailey.
Now, particularly when you consider that Bailey
received -- oh, roughly forty-eight point one percent of the
vote the first time, Mr. Greenough had his back to the wall
pretty much in the runoff and this was a very significant
shift in the vote.
MR. ARENDALL:
I offer, in evidence, these three summaries
which I would like to have marked under one number and as
A, B, and C, respectively.
(Defendant's Exhibit 88A, B and £ were
received and marked, in evidence)
. 611
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MR, ARENDALL:
Dr. Voyles, did you notice any comparison or
make any comparison between the vote of black groups of
differing economic levels and so far as voting for black
candidates is concerned when compared with black and white
groups of similar economic levels voting for the eventual
winners?
A I am not for sure I follow your question.
Q I will ask you whether or not the difference
between black groups of different economic levels is greater
in voting insofar as voting with black candidates is
concerned than it was between black and white groups in
similar economic levels in voting on the eventual winners?
A Yes. I believe it was,
Q I believe it has already been testified to, but
is it a fact that ward ten was split Fifty fity in the Bailey
- Greenough runoff?
A Yes. Exactly each of the candidates got the same
number of votes.
Q Dr. Voyles, as a political scientist, how do
you value the importance to the fact that this improvement
of the black vote for Greenough &nd the results of that 1973
election is in the overall voting patterns and political
picture in Mobile?
ha
|
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25
A Well, I think we are running, throughout the
south, Mobile included, to more normal voting patterns,
a situation in which race will not be a major political
issue.
Certainly not tb. the extent that it was in the
1960's.
Q In your opinion, during the 1960's was the black
vote very cohesive?
A Yes. I think it was and even prior to the 1960's.
Q Is it fair to say that the non-partisan voter's
league, for example, played a part in that cohesiveness of
the black vote?
A Yes. I think they played a very significant
role.
Q In your opinion, the 1973, had the impact of the
non-partisan voter's league pink sheet endorsement substantia
diminished and had black cohesiveness substantially
diminished?
A Yes, I think it has, I don't want to imply that
endorsement by the non-partisan voters league is not
important, because it is, However, I think it is destined
to happen once you get a larger block of voting that is
more voters, it becomes very difficult for any one group
to represent their total interest. As blacks become more
13s J
|
lly
FEDERAL STENGGRAPHIC REPORTERS
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24
25
assimilated into the political system, endorsement groups
are going to become less a factor, following somewhat the
same pattern as the labor unions, but as we know, labor
union endorsement in Mobile is not worth a great number of
votes. All members do not vote the way their people
endorse candidates.
Q Would you expect this trend of individual
voter decision by blacks to continue?
A Yes, I think it woulds I think individual is
a good word, but I think also there is diverse interest in
the black community that are going to be continued to be
represented by other groups other than one nominating
group. I think testimony by the non-partisan voters
league members earlier indicated that they think this is
true also.
Q What is your opinion as to whether the future
sees white candidates appealing more openly and diligently
for black support than in the past?
MR. BLACKSHER:
Is this a hypothetical question, your Honor?
If not, I object, because there is no evidence in the
record.
MR. ARENDALL:
It is asking him for his opinion as a political
FEDERAL STENGGRAPHIC REPORTERS
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scientist, ro
3 MR, BLACKSHER: |
4 Is the predicate hypothetical or not? |
5 THE COURT:
6 That is a hypothetical, giving an opinion.
2 || MR, STILL:
3 The question is white candidates appealling more
9 openly for black votes?
THE COURT: |
1 I understood. That is what he would see in the |
future and that is the question and you may answer.
A Yes, I think they will, I see no reason why not
to.
MR, ARENDALL:
In your opinion, if there is cohesiveness or to
whatever degree there is cohesiveness of black votes, the
power of the blacks would be represented by that cohesive |
vote, would it not?
A Yes. I think that hypothetically or practically,
whichever way you want me to answer this thing, it ends up
the same way. I think that any group that has cohesion in
the Mobile community, and I believe the black community
still does, will be able to represent a great deal of the
24
electoral power on election day from the fact that the others
615
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25
vote, as witnessed in the '73 race and also in the '76
county commission race, the other vote is split. The
elections are very close and the white community has been
very well split.
Anybody that can put together a block of votes
has a very strong bargaining position in the community.
Q And to such extent as cohesiveness diminishes
through the lessening of what is apparently called polariz-
ation, will that not require even greater effort on the part
of white candidates to address themselves to matters of
concern to blacks?
A Oh, yes, definitely. Because as the group becomes
less cohesive, it is going to change the campaign style of
white candidates in the black community, They are going to
have to appeal to more interest through different ways, I
expect, in the black community,
Q Now, Dr. Voyles, I would like to pass to the
1976 elections.
Did you have anything to do with that election?
A Yes. My firm provided the professional services
for the Dan Wiley campaign. He was successful in winning
the county commission, place one, the position filled by
Mr, Yeager.
MR, ARENDALL:
616
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I offer in evidence voting place count and turn
out and votes for Bridges and Wiley in that election.
A I might add for the Court, these are the new
wards. I believe these are the first Exhibits with the
new reapportioned wards.
THE COURT:
So they have no correlation to these wards on
this man here, which is Defendant's Exhibit -- what is the
number of that -- those wards are not the same wards; is
that correct?
MR. ARENDALL:
That is correct.
THE COURT:
All right.
MR, ARENDALL:
Then I offer Exhibit 32, which shows additional
data with reference to that Wiley - Bridges race.
(Defendant's Exhibits 31 and 32 received
and marked, in evidence.)
MR. ARENDALL:
Dr. Voyles, in connection with your activities
on behalf of Mr. Wiley in that race, did you have any
occasion to determine whether or not the various candidates
were seeking black votes?
6Ll7
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A To my knowledge, each of the candidates in the plag
one race sought the black endorsement through the non-
partisan voters league and also launched very vigorous
advertising campaigns in the black community.
Q There has been some talk here about the cost of
elections in house districts and comparison with at large
city elections.
In your opinion, how much cheaper, if any, would
it be for one to launch a vigorous campaign in a contested
election in a house district race in relation to the cost
of a city commission, at large, race?
A I think it would be very little difference between
campaigning, at large, and campaigning in single member
districts. If it was a vigorous campaign fought by two
candidates that wanted to campaign hard. The reason I
say that, the big expense in campaigning, regardless of
the size of the district, is the media and the media rates
are the same regardless of the audience you are trying to
reach,
For instance, we go down and buy a thirty minute
spot on the T.V., and we have to pay the same rate, :
THE COURT:
But do the district candidates address themselves
to the same thing?
618
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25
how can they be a pivotal vote?
A Not to the same degree. They still have cohesiveness,
but you were doing a comparison thing. I don't think, for
example, we are going to see in the 1970's returns from the
black areas where one candidate has received ninety percent
of the black vote as once was the case in Joe Langan's races.
Ithink we are going to see or we did see in the 1973 - 1976
race simple cohesiveness within the black community, but
nothing like it was in the 1960's,
Q Did you examine Lonia Gill's race for the school
board in 1974?
A No. I have not.
Q And have you examined the data that we introduced
into evidence in this case regarding Mrs. Lonia Gill's, the
vote she received?
A No. I have not, but you are talking about the
school commission race there where I think should be distin-
guished from the City Commission, county commission races.
Q Why is a school board race different than a
county commission race? If we are talking about racial
polarization within the city of Mobile?
A We are talking about elections that are on different
levels. A school board race simply does not attract the
attention nor the finances, the money being spent, as a
be
H
619
FEDERAL STENOGRAPHIC REPORTERS
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1
: city commission, county commission race.
3 As a result, it is my belief that races like
; school board races, license commigsioner races and things
’ of this nature depend more upon the personality or the
neighborhood that a person happened to come from, name
6
identification that they have gained through some other
7
way than say a city commission - county commission race.
8
There are no issues in school board races.
9
Q Except perhaps whether you want the schools
10
integrated or not?
11
A I don't think anyone really brought that up this
12
last time with the exception of Mr. Westbrook, who ran last.
13
Q Let me understand this, are you saying that certain
14
elections, certain types of elections, are so qualitatively
15
different that they cannot be feasibly compared with a
16
Mobile City Commission election to tell us the voting
17
behavior of city voters?
18
A Yes. I think so.
19
Q Or is a presidential election primary in another
20
state qualitatively different or qualitatively the same as
21
the Mobile City Commission race?
22
A I don't know that I can really answer that other
23
than we see the voting patterns. There it is, an election
24
25
that gets a deal of attention.
620
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1
9 Q Your running?
3 A ; But you also spend a lot of money and get a lot
. of name identification that does not occur in these minor
5 races like the school board.
’ Q well, ig it the amount of money or is it the kind
5 of issues that are raised?
2 A I think the amount of money determines a great deal
; the kind of issues that are raised. If you can spend -- let's
‘" take a figure of forty thousand dollars on a race. You are
" able to penetrate the voting market much better than you are
is say in a school board race where you are going to spend four
or five thousand dollars.
13
. Thus, a candidate running for a major office spending
= this type of money can start with very little name identifi-
cation and build it in all segments of the. community; whereas)
16
you are going to run for the school board and say spend four
17
thousand dollars and a person cannot afford to dio that. That
18
will not buy you very much time on the media. There are
19
probably some factors involved.......
20
THE "COURT:
21
| Let's take a recess right here. Take a twenty
22 |
‘minute recess.
93 |!
(RECESS)
24 ¢
25
|THE COURT:
boy
FEDERAL STENOGRAPHIC REPORTERS
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1
2 I make for political races and it is ‘my belief that race
| 3 is no longer an issue to the extent it was in the 1960's.
| 4 A candidate that would raise that kind of issue today would
| 5 cost himself as many votes as he would gain, if not more.
6 Q Are you familiar with Alexander Heards® book,
| 7 "The New Negro Politics"?
| 8 A Yes.
| 9 Q He makes the statement, let me read you a
| 10 statement and lét me ask you whether you agree with it.
| 11 "The two elections -- that he has just talked
12 about -- suggest the important conclusion that cohesiveness
| 13 among negro voters lessens whem their right to vote is not
14 challenged, and when white candidates solicit their votes
| 15 with the same impartiality that they solicit white votes,
|
16 Certainly such as the experience in the upper south and in
| 17 northern cities."
| 18 A Yes.
19 Q Would you agree with that?
| 20 A Yes.
21 Q : He goes on further, "While the importance of one
| 29 basis for block voting among negroes will decline as negro
| 923 sufferage becomes better established, another basis for unity
24 in negro voting exists. Thoughtful negroes hold a remarkably
95 uniform view; most negroes are under privileged, They should
622
FEDERAL STENOGRAPHIC REPORTERS
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2 therefore support candidates advocating economic and social
3 policies benfecial to the mass of under privileged citizens",
4 Do you agree with that statement?
5 A I think that is probably the case that blgcks do
6 represent a certain segment of the economic community.
7 Q Now, 1973 and in 1976 we have evidence that at |
8 least, in those elections and at least in the ones that
9 we have talked about, the particular races we have talked
10 about, that black votes were sought impartially?
11 A No. The races that I was involved in, yes, openly
12 and impartially, . 1 think.
13 Q Now, you are saying that you can tell that 1973
14 is not a deviating election from a racial polarized pattern,
15 because it was reaffirmed in 1976?
16 A That is part of it, Mr. 8till.. I-think also there |
17 is a certain amount of intelligence and logic we have to put
18 to that. All we have to do is to watch the nightly news
19 and compare what we were watching in 1965 and '66 and so on.
20 It is a simple fact that race is not a major news getting
21 issue as it was in the 1960's.
22 We don't have people marching in the streets. We
23 don't have the situation of the conflict between white and
24 black.
25 THE COURT:
24
25
6
FEDERAL STENOGRAPHIC REPORTERS
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ture in that field, didn't you?
A Yes, I did.
Q All right. Now, in preparing the extension into
1973 which you have shown us on the chart that you have
presented in this case, what elections did you look at to
come to the conclusion that you presented to the Court in
your direct testimony?
A Nineteen seventy-three City Commission and the
1976 County Commission races.
Q All right. Now, in 1972 there was a gevernoratori
primary in the State of Alabama?
A Yes.
Q Excuse me, that was '74 and in *72 there was a
Presidential election and in '76 there has been a Presidentia
primary, but you didn't look at any of those for the extensio
of the analyses?
A No, 1 daidn't.
Q But you did look at that kind of election when
you were doing your thesis, didn't you?
A Yes, sir.
Q Now, in doing your thesis you looked at all
elections in which blacks had run, including school board
elections, but in the extension of your analyses, you did not
look at the 1974 school board race in which Mrs. Lonia cill,
al
624
FEDERAL STENOGRAPHIC REPORTERS
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25
Q So you have to look at some background facts.
You can't just look at the computer print-outs?
A That is what my committee told me when I first
presented that.
Q I see. Now, have you taken into account the 1972
Presidential race, the 1974 school board race, the 1974
governoratorial race in coming to your conclusion that you
have made here in the Court about the 1970's?
A No. XI have not and, to explain why, if I may,
the last Presidential race I think would have no bearing-on
it any more than the 1964 Presidential race would; that is,
that it was an extraordinary race because of the candidacy
of Goldwater in *64 and McGovern in *72.
I included the Goldwater race in the desertation
because it chronologically fell in where I was talking about.
The school board race, again, I do not think that those type
of races have a particular bearing on the type of case we
are talking about here. I think they are all together
different, because of the name identification factor.
Simply put, there are no issues in a school board
race. You win simply because of name identification and
it is logical for the voters to do this in the school board
races. The governoratorial primary, I did not look at that.
Q You also did not look at the 1970 County
625
FEDERAL STENOGRAPHIC REPORTERS
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1
9 Commission race in which Joe Langan ran, did you?
3 A No,” XY: didnt.
4 Q Why did you exclude that? |
5 A I didn't do county r50Sh in the desertation. |
6 Q But you have included as an example of a supporting |
7 example for your conclusions about the 1970's, the 1976 |
9 A Again, still the fact that Mr. Langan involved
10 in the race is going to escue the race somewhat, the 1970 |
11 County Commission race, the fact that he was highly identi- |
12 fied with the black vote.
13 Q If Joe Langan had run in 1976 for the County
14 Commission, do you think the results would have been the :
15 same? |
16 A I don't know. He had a lot of things against |
17 him besides the race. He had been out of office for an
18 awfully long tine. I think Mr. Langan could have won in
19 1970 if he had run the right kind of campaign. |
20 Q Now, your thesis covered the City Commission
91 election or elections from 1953 through 1969?
99 A Yes, sir;
93 Q Isn't it true, if we are going to do any type :
94 of political analyses like this, we cannot use one isolated
25
election, but instead, we have to look at a trend over a
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FEDERAL STENOGRAPHIC REPORTERS
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24
25
it would be difficult for a black person to win the race.
I don't think it would be totally impossible.
Q But it would be more difficult than it would be
for a white candidate?
A I think it would be. I think Blacks are somewhat
in the same position now that Catholics were in the Al Smith,
John Kennedy races. Someone has to win nationally to solve
this issue.
Q Now, you have told us that the 1973 races indicated
a return to the type election we had in 1953?
A To a more normal period, yes.
Q How many blacks were registered to vote in
19532
A I have no idea. It would be very slight.
Q It was probably less than a thousand, wasn't it?
A I really don't know. I think I gave the figures
to you. I don't have them up here.
Q As a matter of fact, those figures are in your
desertation in a chart, aren't they?
A They may be.
Q Dr. Voyles, you might want to step over here so
we can look at this chart close up. I am referring to
Plaintiff's Exhibit number 56.
Now, as you remember, this chart shows a
627
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i7 vote for Mr. Mims?
A Yes. I believe I did.
3 Q And the R, the Pearson's R, for place one, the
4 Bailey - Greenough race, according to your figures was a point
B seven nine, wasn't it?
g A I don't have it, but I trust that ds what it is.
7 Q Now, didn't you describe that in your deposition
5 as being a medium high correlation? |
: 9 A Yes, it is.
10 Q As a matter of fact, it explains about sixty-two
11 percent of the vote in terms of race, doesn't it? |
12 A Of the difference between the groups, yes.
13 Q All right. Now, for the Mims election, I believe |
| 14 the R is a point seven one? |
15 A Yes. |
16 Q And that explains just about fifty percent of the |
E
T
=
18 A Yes.
19 Q Or for or against Mr. Mims in terms of race, doesn't
20 it? |
21 A Yes, except Mr. Mims did so well in all the wards |
22 and is really kind of meaningless in terms of politics. |
23 Q Now, the Pearson's R for race for Mr. Langan in the |
24 '53 election was point four one and '57 it was point five |
25 two; in '61 is point seven one, which is -- all of those are
628
FEDERAL STENOGRAPHIC REPORTERS
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24
25
still less than what Mr. Greenough got in '71 -- '73, I
mean?
A Yes. I agree with that.
Q And in '65, Mr. Langan's was point nine three and
in '69 it was point nine one?
A Yes.
Q Which those were the two peaks?
A Yes.
Q Now, looking at these figures, rather than just
on graph, if we just look at these figures, wouldn't we say
that the Bailey - Greenough race in 1973 was more like the
1961 Langan race if we looked only at those figures?
A Yes. That is why we don't look only at those
figures. It would be quite misleading.
Q So instead we look at these figures and the chart
that you have given us, right? )
A I think so and the voting returns.
Q Now, you went over some of the relative merits
yesterday of the commission system of government.
What would you say are the relative good points of
a mayor-council system of government?
A I think the relative good points are somewhat the
same as Mr. Langan described when he was giving his testimony
that is, you have a centralized administrative authority and
629
FEDERAL STENOGRAPHIC REPORTERS
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24
25
one person, who is responsible back to the voters and you
have separate legislative authority through the council,
which is also responsible back to the voters. It is much
easier, I believe, to pinpoimt responsibility in a mayor-
council system than it is in a commission form of government.
I think this is some advantage.
Q Don't you get wider representation around the
city?
A I assume it depends on what you mean by how it is
divided and drawn.
Q Now, yesterday you were asked on direct examination
about the number of white people who would be located in
predominantly black wards and the number of black people that
would be located in predominantly white wards and the point
was made, I believe, at that time, that if there was a return
to racial polarization that the white people living in
predominantly black wards would be essentially unrepresented.
Their votes would be diluted?
A Yes. We say that if we took it to an extreme of
polarization.
Q Isn't that what is happening right now with the
sixty-five thousand black people in this City that if racial
polarization resumes that their vote won't count for anything
A If there is racial polarization to that extreme,
630
FEDERAL STENOGRAPHIC REPORTERS
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24
25
yes, that would happen. I don't think that is the case.
For example, my legislator happens to be black and
I don't think I am just disinfranchised or don't have access
to him.
Q If we go to the same hypothetical you were offering
yesterday?
A Oh, yes. If we go to extreme polarization between
black and white, unless the black community could get into
the position of playing coalition politics to influence
elections very drastically, it would be a very difficult
thing to anticipate. They have been able to be in that
position before.
Q Now, also yesterday you gave us a list of reasons
why multi-member districting might be preferential to single
member districts.
Do you remember those reasons? You don't have to
go over them. I want to see if you remember what you said?
A I am not sure I know what you are referring to.
Q We2l, I believe you were talking about the techno-.
logical problem of districting?
A I am with you.
Q Special interest groups and that sort of thing?
A Yes.
Q Are any of those peculiar to Mobile as opposed to
631
FEDERAL STENOGRAPHIC REPORTERS
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24
25
Q Captain, is it the policy of the planning division,
as it advises the chief of police to provide adequate protec-
tion to all citizems as the resources are available?
A Yes, sir,
Q Irregardless of race?
A Yes, sir.
MR. BEDSOLE:
I have no further questions.
THE COURT:
You may cross him.
CROSS EXAMINATION
BY MR. BLACKSHER:
Captain Winstanley, you have explained to us the
system you used to assign the number of patrol cars to given
patrol areas and the size those patrol areas will be geograph-
ically; is that correct?
A Not necessarily the size. It is on the amount of
crime in an area, not necessarily -- as I just pointed out,
you can take patrol area fifteen in a predominantly black
area and that would go about twenty times in thirty-nine,
a predominantly white area. Therefore, size is -- we try to
consider it when we can, because a car has to come from one
side of his territory to another to answer a call, but the
632
FEDERAL STENOGRAPHIC REPORTERS
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southern water shed in the southern and southwestern part
of the City of Mobile.
THE COURT:
all. .rioht.
MR, BEDSOLE:
Mr. Joyner, I believe we have got the color
of green indicated completed or perhaps just started. I
would like to look at the various areas using the
pointer. Where is the westlawn. project located?
A The westlawn project is located centrally in the
City of Mobile at this point here.
Q Would that be the east of the Springdale Plaza
complex?
A It would be north of Springdale Plaza.
Q Would you indicate which water shed that would
feed into?
A That would feed into the Eslava Creek or Dog
River water shed.
Q Where is the east Toulminville project?
A It is located in the northeast section of Mobile.
Q And I believe that you have prepared a chart
which we will offer in evidence as an Exhibit, but this
bid opening took place January 16, 1973?
633
FEDERAL STENOGRAPHIC REPORTERS
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24
25
A That is correct. It was one of the firgt. The
westlawn and Springhill Avenue were the first projects let.
Q And the east Toulminville project affects a
primarily black neighborhood; is that correct?
A Yes, gir, As far as 1 know.
Q And Springhill Avenue project?
A Well, it was considered an emergency project for
years. There had been complaints about ambulances not being
able to get in and out of Providence Hospital. That was
the reason for initiating the ones on Springhill Avenue
first,
Q Before we go any further, relate to us the
priority that you have in your major drainage projects? By
that, I think you have indicated emergency and so forth.
would you relate the hierarchy of your scheme?
A When this program first started out, it was set
up and we tried to catch emergencies first and then we would
catch the drains that served the greater number of people
second and then individuals third. That is the way the
program was started and, if I may, I would like to get into
a little background about the program, with the Court's
permission?
THE COURT:
All right.
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24
25
help to serve the drains for the Dauphin Street thorough
fare?
THE COURT:
Are you speaking of the extension?
MR, BEDSOLE:
Yes, sir.
A No, "sir. X don't think you could say it weuld
affect the Dauphin Street.
Q Moore's Creek, phase one?
A This is Moore's Creek, phase one, in an area of
Kate shepherd's School, St. Ignacious School, and "5...
Q Big Stickney drainage next to Mobile Infirmary?
A This is Big Stickney here. It was necessary to
put this one on in to help with the Springhill Avenue
drainage problem in front of the Providence Hospital.
Q That was also on an emergency type of need?
A It was. It was outfall for Springhill drainage.
Q Texas Street area, southern drain?
A That is this drain right here in the Texas urban
renewal area,
Q I am going on and on, Let us go into some of the
ones that we have the plans drawn and that is indicated by
the yellow, I believe, sir.
A That is correct.
635
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25
with the map.
There has Desh Wine testimony in this case,
Mr. Joyner, about the problems with Three Mile Creek and the
fact that perhaps some of these projects that led into it
will cause water to be dumped into the Three Mile Creek
and won't help alleviate anything until we get the Three
Mile Creek problem corrected.
Can you address yourself to the problem of the
Three Mile Creek drainage?
A Well, I would certainly have to say it is a big
problem, If you wanted to put it into some sort of an
equation, I think you might say that Three Mile Creek is
to the City of Mobile as the Mississippi River is to the
United States. Sure, if you dump water into it, it is
going to affect it, but Three Mile: Creek has flooded in the
past and I suspect that it will flood in the future and I
would almost be willing to bet on it.
Q What sort of requests has the city made to
various agencies for help with Three Mile Creek problem?
A Well, we have had one meeting that I recall with
the Corp of Engineers about Three Mile Creek. We realize
that it is a big problem and we want to do something about
it, but we are talking about millions of dollars, not just
something like the three or four million that we referred
(0
)
636
FEDERAL STENOGRAPHIC REPORTERS
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4 1
9 to here as a typical drain in our major drainage program.
3 We are talking about -- I don't have a figure and
4 I wouldn't even want to guess, but we are talking about a
5 lot of millions of dollars to control Three Mile Creek. We
6 approached the Corp of Engineers for some help on this and
; for some advice and we met in Colonel Wilson's office about
8 a year ago. I donft remember the date, but it occurs to me
9 it was about a year ago and, at that meeting, we asked for
10 help. The city commission did, or Commissioner Mims, and
11 later on we received a letter from Congressman Edwards that
19 he would try to set funds up on it, on the oncoming budget,
15 to help with the study, to give the corp funds to make a
1 study of Three Mile Creek,
15 Q In your opinion, as an engineer, Mr. Joyner, is
n the Three Mile Creek drainage problem, taking the resources
7 of the City of Mobile, is it one that.the city itself can
18 cope with?
T A No,. sir... I dontft think.so.
20 Q There have been discussions that perhaps a concrete
0 culvert type of thing be placed in Three Mile Creek. would
» this be feasible?
9 A If you are talking about the normal flows within
bs Three Mile Creek and the water that is just between bank to
25
bank, you could probably safely say well this would be fine
637
FEDERAL STENOGRAPHIC REPORTERS
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couldn®t acquire the right of way there or easement.
Q Have you talked about all of the completed
projects now that were built under that second priority?
A In fact, most all of them fall under the prioriti
of serving the biggest number of people. I don*t think
there would be a single one on here that would be classi-
fied as an individual. It would either have to be an
emergency or a greater number of people.
Q Okay. I think you said, Mr. Joyner, that the
first one that was completed was the westlawn project?
A E I don't have the dates. They all were let within
the same month or two weeks apart.
Q Westlawn, east Toulminville and Springhill
Avenue?
A That's right. That was in January of 73. Those
were our first starts on the major drainage program.
Q That was in 1973.
What kind of expenditures did the city of
Mobile make before 1973 for drainage?
A I don't have any knowledge of how much they spent
prior to that. TI haven't been with the City all that long.
Q You are giving us a chronology of events, to your
personal knowledge?
A Yes, sir.
LES
638
FEDERAL STENOGRAPHIC REPORTERS
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| MOBILE, ALABAMA 1280
a i %od 1 | —
MR, BLACKSHER:
5 |
. | Have you compiled any figures, Mr. Joyner, that
3 i
| would tell us how much money has been spent on drainage
4 1
| projects in each of the three major water sheds, broken
3
| down by water shed?
6 |
' |
| A No, sir. 1 don*t have those figures.
7
Ek. O Is there something in the record already in these
8
Exhibits that will allow us to look at them and make that
9
computation?
10
l A Yes, sir. These Exhibits would reflect the
11 ili
3
i amounts in relation to the plat and sums.
12. J
i Q would those Exhibits tell us each water shed the
13
| projects drain into?
14 4
A No, sir. The Exhibit won't reflect that. I
15
think the only way you could do that would be to look at the
16
map and see which one of the creeks it drains into.
17
Q Well, real quickly, just show the Court which
18 o
| of those projects that are already completed drain into
19}
| Three Mile Creek?
20 |
| A Starting at the Three Mile Creek area we have the
21 |
| east Toulminville drainage draining into the Three Mile
22
Creek area. We have a drain located just south of the Mobile
23
| General Hospital that is draining into Three Mile Creek
24
| area. We have a small drain out at Carrie Drive east that
25 1
639
FEDERAL STENOGRAPHIC REPORTERS
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TT
9 drains into the Three Mile Creek area.
2 Q We have two?
i A Park Forrest drains -- that drains into the
5 Three Mile Creek,
2 Q Is that Forrest Park or Park Forrest?
A A Park Forrest, I believe, I1.am sorry, if Iigot
: it backwards. Then there are two drains located in the
; west Border Drive area in Country Club Village that drains
o into Three Mile Creek that are completed.
o The Broad Street drainage, which is a project
h funded by federal, state and city, drains into Three
J Mile Creek. That is the only ones, at this time, that I |
of can. .plck out that drains into Three Mile Creek, |
Q Just for the ‘regord, now, are:all the green indicgted
a projects completed since 1973?
o A Yes, sir, withronesexception, "I7think that there
5b is one here on South of the Mobile General Hospital that
1 was ‘either completed ‘ini the first part of '73 or justiprior
tov 173%
20
2 Q Now, the:problems, as Isunderstand it, from all
» of this testimony with Three Mile Creek is that it serves
” such a wide area of Mobile west of the river?
| A Yes.
24
) Q And that a number of tributaries drain into it
ut 25
640
FEDERAL STENOGRAPHIC REPORTERS
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yr 1 :
2 and by the time you get down closer to the river in the
3 inner areas of the city, the banks swell; am I correct?
4 A Any time that you increase the velocity of these
5 drains on the side you have the water, to the river, faster
6 than you would have a tendencye.....
1 THE COURT:
8 He talking about the basic problem, as I understand
9 it, not what steps you were taking to relieve it. He is
10 talking about why Three Mile Creek creates the flooding
11 onditions that it does?
12 A well, the Three Mile Creek carrying the volume
13 of water, it expands its boundaries and floods.
14 MR, BLACKSHER: |
15 It is going to be very expensive, because you have
16 to some how widen the drainage area particularly as it gets
17 close to the river and that is why you have to call the
18 Corp-of Engineers for help,
19 A I am not sure widening would solve the problem.
20 Q My question to you is I don*t understand why vou
21 would want to build all of these drainage projects that are
929 further away from the river first, which seems to me would
23
24
25
EN | do
|
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FEDERAL STENOGRAPHIC REPORTERS
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tend to swell the amount of drainage that you would get
closer to the river. It seems to me that you would want
to work from the other end.
A We are definitely talking about some swelling.
I am not sure we are talking about much more than maybe
a half inch or an inch of swelling, but due to ‘the improve-
ments we are making .....
Q When Mr. Mims was on the stand, he was telling
us that it would not be wise to pave the streets in Trinity
Gardens or to build further drainage projects in Trinity
Gardens until Three Mile Creek could be reinforced or
fixed somehow to accept this greater drainage; is that
correct?
A well, I don't know what to say about that other
than if we get to talk about the project of drainage in
Trinity Gardens it is a real flat area. There is no place
much: for: the water to go and "if is our aim to try to
provide some outlets for this water in the Three Mile
Creek -- into Three Mile Creek from Trinity Gardens and
that is the only place ‘it can go.
Q Having consulted with the Corp of Engineers,
Mr. Joyner, does' the city have any proposal in mind to
solving the problem of the Three Mile Creek drainage
project? Your testimony is pretty pesimestic that there is
642
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no solution.
A If you talked to hydraulic experts and all, they
hate to jump to hasty conclusions about what to do to solve
that problem right now. That is the reason we have asked
for a study and asked help from the Corp for a study on
Three Mile Creek,
We have tried to dredge it and let me bring out,
if I may, Three Mile Creek starts out here at Cody Road
andi it is probably forty or fifty feet above sea level.
Down here, close to the Mobile River area, it is at sea
level.
THE COURT:
well, now, that is the question I wanted .to ask
you. What is the highest sea level in the Mobile area that
these water sheds affect; is it forty, the highest?
A No, sir... I live a hundred and forty feel above
sea level and water off of my yard runs into Dog River.
The whole western part of town here, primarily -- well, I
would say from right along in here on up-to here, all of
this drains into Three Mile Creek, the whole northern half
of the city drains into Three Mile Creek’
THE COURT:
And that runs from sea level near the Mobile River
to what?
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~1
A Well, I was fixing to say from Mobile River to
Staton Road is sea level and from Staton Road on up to
COBY Road, oc vrs os
THE COURT:
That is out close to the Providence Hospital?
A It is out past the Mobile Infirmary.
THE COURT:
It is ses level that far?
A Yes, sir. And we have to have permits to drain
into that, because it is affected by the tide.
THE COURT:
All right. what is the outer most limits of the
city?
A From there on out to the outer most limits --
I don't have a gqua® sheet or anything to refer to, but 1
am sure it exceeds fifty sixty feet on out to the western
limits.
What I was about to say there, out here you get
a lot of velocity in your stream." It picks up soil erosion
off of yards and along the banks and everything and it has
a tendency to deposit this silt from Stanton Road to the
Mobile River. We have gone in there and dredged and in
researching the records, we started dredging Three Mile
Creek in 1958.
24
25
FEDERAL STENOGRAPHIC REPORTERS
644
P.O. BOX 1971
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In 1958
creek and put it up on the mks and give a larger capacity,
you might say, for the creek without any problem, but now
days to dredge this body of water we have to have permits.
People don't particularly want us to put the zoil on their
property and the three areas that we do have places to placs
spoil, when we put it up there we have to haul it off. So,
we do try to keep
to handle all the
with that.
MR, BLACKSHER:
You say
land owners'!? Do
to deal with?
A That is
and they take the
through the water
other agencies,
MR. BLACKSHER:
Why is it, Mr. Joyner, that the city has not
approached the fundamental problem of the Three Mile Creek
drainage situation until 1975 when you went to the Corp
of Engineers?
A Well, the Three Mile Creek area has flooded, you
you could take the material out of that
Three Mile Creek dredged and opened up
water it can, but we have problems
you have to get permits other than
you have the United States government
correct. We ask them for the permit
application and circulate it. It goes
improvement commission, EPA and various
645
FEDERAL STENOGRAPHIC REPORTERS
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know, all the way back as far as I know and all of a sudden
everyone becomes conscious about trying to do something
about the drainage. I think that would be in '72.
In '75 was the time in which we were approached
and in which we asked for help on it.
Q You can't say what is going to happen on Three
Mile Creek?
A I hope that there will be some means in which
we can help control it, but.l donit think that we will
ever master it.
Q Just a couple of other guestions here.
Among the completed drainage projects, you
mentioned the Texas Street southern project in the urban
renewal area?
A Yes, *siy.,
Q Was that financed in any part by federal funds?
A I don't have any knowledge of how the financing
was set up on the project. I understand that sometimes tha
they have revenue sharing involved in them, but I don't
know the amounts or how much.
THE COURT:
Are you going to be with him much longer?
MR, BLACKSHER:
Just one more question.
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25
You said that the west Toulminville drainage
project, which will provide relief for Trinity Gardens is
eligible for community development funds.
Why is that particular project eligible?
A When you start looking at sixty miles of drains
and you are limited in funds, you start searching and
looking for everybody that ig willing to contribute or
help out with it and these community development funds
were- there.
Q Are the other projects also eligible for
community development funds?
A No, . Sir.
Q T.9m Erving to sc vicenns
MR, BEDSOLE:
We will have a witness testify about the
community development program.
MR, BLACKSHER:
You don't know the answer to the question?
A No, sir.
MR. BLACKSHER:
All right. Your Honor, I said one more and I am
through.
REDIRECT EXAMINATION
BY MR, BEDSOLE:
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Q Mr. Joyner, as relates to the Trinity Gardens
area, is it necessary to lower any creek to drain this?
Is it necessary to lower the drainage as it comes out the
Trinity Gardens like a saucer?
A Well, Trinity Gardemss is flat and everybody knows
that if you have a flat surface like that and water gets on
itiand.you canttigetiitxoff readily, ifsyou will put: a
grade to it and give it a tilt you can carry water off from
an area. - That is what we are attempting to do is grade
it out to Three Mile Creek.
MR, BEDSOLE:
That's all,
THE COURT:
All right. Gentlemen, be back at one-thirty-five.
(LUNCHEON RECESS)
THE COURT:
A311 right, whom will vou have next?
MR, BEDSOLE:
Tom Peavy.
TOM PEAVY
the witness, called on behalf of the Defendants,
and after having first been duly sworn to tell the truth,
648
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THE COURT:
Yes.
CROSS EXAMINATION
BY MR. STILL:
Q I would like to show you what has been marked, for
identification, as Plaintiff's Exhibit number 111, which are
documents received from the office of revenue sharing
concerning the complaint issued or initiated by the N.A.A.C.P.
As you can see, the letter marked ''C'", to the
Honorable Lambert C. Mims, is from the local branch of the
N.A,A.C.P. It is a three page letter signed by Dr. Gaillaird.
I call your particular attention to the document labelled
in which is a memo or a memorandum to the file from Robert
Murphy and several other people.
Mr. Murphy was one of the people that you met
with; is that correct?
A Dr. Murphy, yes.
Q Now, among the things that you looked at during
that compliance review trip here to Mobile was it Herndon
Park and Gorgus Community Center that you looked at?
A I did not attend those trips with them concerning
the parks. I had nothing to do with them.
Q All right. I call your attention to the statement
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25
on page two of this memorandum which says, '"Pictures of
these two parks clearly show that Herndon Park, which was
in the white community, is in better condition than Gorgus
Community Center. Furthermore, the swimming pool in the
center is not operative and is in dire need of repairs."
Is that a correct statement from this?
A I am not familiar with _the condition of the parks;
no, sir.
Q All right. And did not they say on page three of
this memordandum that even though they found no discriminatio
that they recommended that there be a follow-up to see that
the pools in minority areas are constructed and renovated
in time to be used by the beginning of next summer?
A It was my understanding that these pools have been
done, not by the next summer, but they have been done as of
this date.
Q This memorandum is dated 8/31/73, I believe.
Now, the next section of the report deals with
paving, resurfacing and drainage and begins on page four
of the memorandum.
On page five there is the following statement,
"However, it is quite evident that these areas, to a very
large degree, talking about paving here, with the exception o
Trinity Gardens and the Bay Bridge area are being used for
n
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FEDERAL STENOGRAPHIC REPORTERS
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1316
commercial and commuter traffic, such as Davis, Stanton,
Donald and Summerville Streets rather than for use of
citizens in more generalized residential areas."
B The yellow areas noted on the map indicate that
6 resurfacing projects have been concentrated on the main
7 streets of the white neighborhoods. There is clear evidence
8 that the resurfacing projects were not performed on an
9 equitable basis of the neighborhoods.
10 A I would have to disagree with that.
11 Q You disagree with that?
12 A Yes, sir.
13 Q But if you take a look at your map, wouldn't you
14 say that the yellow lines are primarily in the white
15 neighborhoods?
16 A I seem to see yellow lines all over that map.
17 Q The report goes on to state, ''The complainant
18 also provided several photographs of areas which had poor |
19 drainage, such as Chisam and Persimmon Street which were
20 caused by the dike built by the city to retain the water from
21 the river. The city has now agreed to cut a hole in the
29 dike so that the accumulated water can filter into the
923 river."
24 The total allocation of revenue sharing funds,
95 approximately one million one hundred and seventy-six thousand
651
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2
24
25
dollars, for the installation of drainage systems has been
limited to the neighborhoods of: Riverside, Beichleiu,
Mertz, Maryvale, Maysville, Rolling Acres, Jackson, Bolton
and Airmont. Some of these neighborhoods are shown as areas
with drainage problems, but others are indicated as having
adequate drainage. All of these neighborhoods are predomi-
nantly white.
Those areas which were considered with adequate
drainage were included in the revenue sharing budget, when
those in the black neighborhood listed as poor drainage were
not. Also, we noted that the city's capital budget shows
that seven hundred thousand dollars was allocated for a
drainage project along the Dog River area which is also
predominantly white. We did note, however, that the
City of Mobile has allocated approximately one million dollar
for the drainage system along the Three Mile Creek area and
the downtown section, which is predominantly black."
Did they bring that to your attention when they
made the audit?
A No. I have never seen this letter.
Q Now, I call your attention finally to within this
larger document, a letter labelled, at the bottom, H.H., and
it is a letter dated September 23, 1974, and sent to Mayor
Greenough.
Ss
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4 Is that a copy of a letter that you have seen
3 before?
4 A Yes, sir. I have seen this.
5 Q All right. In that they specifically request that
6 if you will follow up on the things that they mentioned in
7 some earlier conversation with you, then you will have
8 demonstrated compliance with the act; is that correct?
¢) A That is correct.
10 MR. STILL:
11 Your Honor, we offer Exhibit -- Plaintiff's
12 Exhibit number 111.
13 Now, so we can understand this very clearly,
14 ‘normally low cost paving or curb and gutter paving is done
15 on an assessment basis, is it not?
16 A That is correct.
17 Q And sidewalks are done on a one hundred percent
18 basis; aren't they?
19 A That is correct.
20 Q I believe with curb and gutter streets and low
21 cost pavement, one-third of the cost is born by the local
? 23 residents?
oi A That's right. It makes it come out one-sixth to
5) each property owner.
5 Q To each side of the street?
[1-653
FEDERAL STENOGRAPHIC REPORTERS
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25
as to Defendant's Exhibit 60- D, which breaks the streets
down by the ward groupings, why didn't you break that down
reflecting which streets were paved by private developers,
which was done under low cost and which were done by venture?
A I was not asked to do that, sir.
MR. MENEFEE:
Okay, sir. No further questions.
THE COURT:
You may come down.
Whom will you have next?
MR. BEDSOLE:
Just one further, Mr. Summerall, isn't this map
number 60-E, does it reflect that done by the city in red,
either by the venture system and that done by private
developers in the green?
A Yes, sir. That's right.
Q But is it not done by ward group?
A No, sir.
Q Based on your observations as to the red and green,
Mr. Summerall, has most of the work that has been done by the
developers been in the western section of the city?
A Yes, sir.
MR. BLACKSHER:
Objection, your Honor. That is an observation
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1 =
” figure. It was, at one time, one million nine something.
3 The second year was two million seven hundred and sixty-
4 two thousand dollars and the third year estimate was four
5 point six million and I think the figures will remain
6 four point six million, at least that is the published
7 and for the remaining three years, four point six, four
8 point six, et cetera.
9 Q I will ask you this, Mr. Barnett. Taking your
10 study -- let's say the base study, the 1966 neighborhoods |
11 of Mobile, and the up date, the 1975 housing demand and
12 needs analysis. Your city planning commission makes
13 studies of it and classifies houses in these various
14 neighborhoods, does it not?
15 A Yes, it does.
16 Q Take, for example, the Trinity Gardens
17 neighborhood. Can you give us the comparative housing
18 standards and the numbers since 1966? I believe you have |
19 them broken down in classifications of some sort? |
20 A Yes. The standard and depreciating and sub-
21 standard and then we have vacant. In 1966 there were thirteen
929 hundred and ninety-five dwelling structures in Trinity
93 Gardens. Fifty-two of them were not occupied. Of this
24 thirteen hundred and ninety-five, two hundred and fifty
95 seven were listed as standard and three hundred and sixty-three
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25
as depreciating.
This depreciating is a term we use to say that
the house is not standard, but it can be fixed up and it
deserves to be. It isn't a shack and it isn't that run
down.
Seven hundred and twenty-three were listed as
sub-standard and should be either destroyed or completely
rebuilt. Fifty-two were rebuilt. In 1975 you wanted a
comparison?
Q Yes, sir.
A Two hundred and fifty seven listed as standard,
had risen to nine hundred and seventy-two standard structure:
and the depreciating number didn't change appreciably, but
the standard dropped from seven twenty-three to twenty-six
leaving about four hundred units in Trinity Gardens that
needs some attention as opposed to one thousand units in
1966. The figures completely reversed and interestingly
enough there are less houses,only thirteen hundred and
sixty-four, and still about thirty-four vacant. Most of
this is caused by code enforcement by the city since they
started a comprehensive program in 1965 and 1966.
Q That is known as the neighborhood improvement
program?
A That is just a part of it. They go out and hold
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25
meetings also and try to encourage people to fix their
homes up.
The inspection department will then go out and
give the house an inspection and tell the people exactly
what is wrong with it and neighborhood improvement would
guide the people as to just how to get the best deal to
fix the house up, give them guidance. Better Business
Buearu is there. A lot of neighborhood leaders, city
leaders and experts in the field to tell these people how
and the best way to get their house fixed up.
Q So it would be a voluntary program?
A Yes. The only thing you might say compulsory
about the whole thing is that the City did go out there and
tear down and condemn most of the vacant rundown shacks.
MR. BEDSOLE:
I have no further questions.
CROSS EXAMINATION
BY MR. MENEFEE:
Q Mr. Barnett, the figures you were just giving us
on the changes and housing conditions, what does that come
from?
A That comes from our survey and the original figures
came from our survey using the same criteria.
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Q What is the original, the neighborhoods of
Mobile?
A Original -- in the neighborhoods of Mobile, I
combined two neighborhoods there and call it Trinity
Gardens. In the neighborhoods of Mobile they are called
Nelly and Summerville and you have to add the two figures
together to get the thirteen ninety-five. I did that quickly,
but that is approximate, very, ver close.
Q Well, the figures from your up date on the
housing, that is a reflection of 1970 figures?
A 1975. I have 1970 figures. I have them. I didn't
read them.
They are also listed, the 1970 figures are listed
in this Exhibit on housing demands and needs analysis under
Trinity Gardens, Nelly, Summerville and Trinity Gardens.
MR. BEDSOLE:
Defendant's Exhibit number 90.
A The 1970 figures. Now, you would have to add these
figures, because Trinity Gardens is actually two neighbor-
hoods. It is called Nelly and Summerville in that publica-
tion.
For instance, in the Nelly neighborhood, which is
everything north of the railroad that cuts through the
middle section of Trinity Gardens, the figure had jumped from
1360
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25
one hundred and ninety-two standard to four hundred and
eighty-seven standard and then to six hundred and seven
standard in 1975, just for that portion, and the depreciatin
had jumped from two hundred and seventy-two in '66 to
three hundred and sixteen in 1970, to three hundred and
twenty-six in 1975 and the number of substandards had
fallen from five hundred and forty to two hundred and
seven, in 1970 to twelve in 1975.
Now, that is just a portion of Trinity Gardens.
The others are in the Summerville neighborhood. It had
standard which jumped from sixty-five standard to two
hundred and forty-one in 1970 to three hundred and twenty-
six in 1975. The depreciating numbers changed this
way, ninety-one in 1966 and it dropped to eighty-two in
1970 and it dropped to forty-six in 1975. The sub-standard
changed from one hundred and eighty-three sub-standard in
1966 to ninety-three in 1970 down to sixteen in 1975.
The figures that are missing from there, that
doesn't add up to the thirteen ninety-five is the number
of vacant. I think that is about thirty or something like
that. So, they are in that -- whatever that housing
demand and needs analysis is.
Q Is this a consistent result thatyou have
achieved throughout the black neighbothoods in the city?
g
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to
24
25
LA
J A Not that dramatic in most of the other areas, but if
is very consistent with the city as a whole.
Dramatic results have been achieved in the city
through code enforcement as evidenced by publications from
HUD, '"Challenge', a report put out by Mr. Papageorge in the
HUD, complimenting on the success of code enforcement in the
City of Mobile, citing it as one of the best in the nation.
He cited figures in there in 1962 using census figures.
I think they extended from sixty -- there were nineteen
thousand sub-standard units listed in the City of Mobile.
In his report he said they had come in and encouraged the
city to start enforcing the codes and so forth and not be
re-certified in its program.
Since that time, he made a survey and found that
by 1970 those figures had dramatically dropped to less than
three thousand sub-standard and depreciating homes. He
counted the ones that were brought in compliance.
We now estimate that figure is sixty-five hundred.
He didn't count the ones going bad, but that is a city
wide -- that is a reduction of thirteen thousand from a
high of nineteen thousand.
Q This article you referred to is in the back?
A It is in the back of the housing demands and
needs analysis.
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Q Could we turn to that, please, sir?
A Yes, sir. It is George Papageorge, yes. Here is
the big drop, nineteen down to that.
Q Yes, sir.
A And he attributes it to strong code enforcement.
Q I am reading from the first page of the article.
It says, ''Federal statutory requirements were a major factor
in bringing about a change'?
A That is the requirements that we enforce our
codes.
Q The Federal government requires that these codes
be enforced?
A You are required in re-certification of your
workable program, back in those days, to have codes or you
weren't eligible to receive urban renewal money. The reason
for that, the Federal government didn't want cities to have
money that were allowing housing to go bad. They insisted
that each year and then it changed to eighteen months that
the city certify its workable program. That is a term where
you go plead your case and say look, we have done our job,
enforced our . codes, and now this should make us eligible
with urban renewal and it did. We never have lost our
certification.
Q The community development program has a rather
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
| MOBILE, ALABAMA 1365
| 1
| ; Mr. Walsh about the budgeting process for the city that the
| 3 '75 budget did not reflect revenues from the community
4 development funds?
5 Ul A Well, I couldn't swear -- I know that this is --
6 we just got our new one approved. We have sent in two.
| 7 You do one a year. I may have my math wrong, maybe
8 '75 and '76. Yes, I think that's right, and the third year
| 9 will. start ia '77.
| 10 Q In your neighborhoods of Mobile and again in your
11 updated study, your housing.......
12 A It is the housing study.
13 Q The housing study, you went through the neighborhoods
14 and repeated the -- to a substantial extent, re-identified
15 those areas which were the most blighted; is that correct?
| 16 A That is correct.
17 Q One criteria was indices of social blight and
| 18 another indices of physical blight; is that correct?
| on 14 Right.
20 Q Would it be fair to say that there is a high
| 21 correlation between indices of social blight and the blackness
| 929 of the neighborhood, racial composition?
| 923 A To a large degree, yes. That was pointed out in the
24 original study. We did not redo all of the original in this.
. | 95 This was more or less housing, but if you will look
062
FEDERAL STENOGRAPHIC REPORTERS
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1 Q Would that also be true for indices of physical
blight?
A That is correct.
Q This neighborhood of Mobile study, which I
-- if you would graph all of those things they would be
predominantly in those areas social problems as well as
housing problems. They overlay over each other.
understand is based on some data from 1966, but was finally
put together and published in 1969, is the most comprehensive
analysis your department has undertaken in recent years; is
that a fair assessment?
A Well, I like this new housing study for what it
is. It is much more comprehensive. We didn't do the land
use in here, but describing the problems in the neighborhoods.
I think this new housing demands is more complete.
Q But more limited?
A Yes, more limited. It is dealing with housing.
We did, as you mentioned, show overcrowding, got into the
concentration of how many people lived in the black neighbor-
hoods, where they are, and we found, for instance, ninety-five
percent of the blacks live in about fifteen neighborhoods and
that almost every one of those were the same as the seventeen
or eighteen most blighted neighborhoods.
Q So, it was almost a perfect correlation between the
663
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most blighted neighborhoods and the black neighborhoods?
A Yes. I think that is what the study points out.
That is why we picked the seventeen neighborhoods in there.
MR. MENEFEE:
No further questions, your Honor.
THE COURT:
You mentioned in the housing needs study -- did you
say sixteen thousand persons or sixteen thousand families
that could not buy or rent?
A Families. That is based on their income and the
average cost of a new home.
THE COURT:
When you say rent, is that with reference to any
type of housing, including private?
A This is in the private sector. It does include
all of the people that are in public housing, because they
automatically couldn't afford to rent.
THE COURT:
Well, the term ''rent', you apply that as to the
private sector, because public housing is a subsidizing
form of housing?
A Well, I have better clear that up. For instance,
when you take the thirteen thousand figure ......
THE COURT:
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1 }
|
2 step over here and I will ask you a few questions and you can
3 retake the stand for some other questions, please, sir. Take
4 the pointer and stand over there so the Judge can see.
5 Would you explain to the Court the various recrea-
6 tion districts of the ¢ity.
7. 1A We have here district one which is basically the
8 | northern part of the city. This includes the Toulminville |
9 area, Plateau. It is the area that is one hundred percent
10 black in its composition of playgrounds and neighborhoods that |
11 we serve, It goes out -- it also includes the Trinity
12 Gardens area and -- well, it does come down to Sage and
Dauphin, but basically it is the area that we refer to as
district one.
15 Q Let me interrupe you just one moment, please,
Mr. Calametti. This is map number 2-D, which has been
admitted in evidence previously with Mr. Greenough's testi-
mony. |
You may continue, then, with the various districts, |
please, sir.
A District number two is basically the southern
district that we have. It extends down Dauphin Island
Parkway. It serves both sides, of course, of Dauphin Island
Parkway, and does include these facilities at Taylor Park,
which is Baltimore, the Crawford Park area and the areas around
665
FEDERAL STENOGRAPHIC REPORTERS
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| MOBILE, ALABAMA
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P) Government Street out around the loop area, the area around
3 Duval Street and in that particular section of the city.
4 District three, this is the western section of
5 Mobile and this is the section west of I-65. It is a very
6 large district in area, although we do not have too many
: centers out there. This is the area serving the municipal
3 park or Langan Park area, Cottage Hill, Springhill and over
9 into the area off of the western section of Moffat Road
out that way. That is three sections of the city, at this
time.
12 Q If the clerk would hand me, please, Exhibit 62-A,
a Defendant's Exhibit.
You can retake the stand, please, Mr. Calametti.
Your Honor, Exhibit 62-A was previously introduced when
Mr. Greenough was testifying. It has the various recreation
16
= centers and parks broken down by Dr. Voyles's groups and
is by various wards.
Mr. Calametti, do you have a copy of Exhibit 62-A?
A Yes, sir.
20
Q I will ask you, briefly, Mr. Calametfi, in district
| one, which is the northern part of the city, did you compile
| some figures as to the number of facilities, the number of
personnel and the payroll expenditures?
A In district one, yes.
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1
: Q Let me ask you this, Mr. Calametti, did you do so
i at my request yesterday?
; A Yes.
; Q The number of facilities that -- now, let's make
6 a distinction, please, sir. You are the recreation director;
7 | is that correct?
8 2s Right.
? Q You are not the parks' director?
10 A No. You have a separate parks department.
1 Q All right. Would you please, then, outline.....
12, ||. THE" COURT:
13 Tell me the difference.
14 MR. BEDSOLE:
15 That is what I am trying to do, please, sir.
16 What is the difference, Mr. Calametti, between the
17 recreation director and the parks department?
18 A Basically, the recreation department is reeponsible
19 for the programming on the parks and in the centers. The
20 parks department is responsible for the physical facilities,
21 the maintenance, upkeep and that sort of thing.
22 THE COURT:
23 Just a minute.
24 MR. BEDSOLE:
Mr. Calametti, at my request, did you compile some
667
FEDERAL STENOGRAPHIC REPORTERS
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- 1374
/ figures as to the number of personnel you have working
3 under you and the number of facilities that the recreation
4 department is involved in, im the various districts?
5 A Yes.
6 Q Please, sir, in district number one, how many
fi facilities do you have under your supervision?
8 | A Eleven.
9 Q That is involved in a recreation program of
10 some sort?
11 A That's righr.
12 Q How many full time personnel do you have employed?
13 A Well, we have sixty-six personnel in that area.
14 Q In that area; is that correct? Well, you said
15 eleven a minute ago. What do you mean by eleven and now
16 sixty-six?
17 A Eleven facilities, your Honor, and sixty-six pevacns:
18 THE COURT:
19 Fine.
20 MR. BEDSOLE:
91 So, you have eleven areas where you are operating
99 and then you have sixty-six full time personnel working
2 for you?
2 A They will be full time and part time, counsellor,
ds some would be part time.
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BE dss - 3s 1
1 | a
|
2 Q Part time would include an individual that might
3 come after school?
4 A Yes. The athletic program is basically after
' school from three-thirty to six-thirty and some of the centerp (W
]]
6 are open until ten o'clock at night and we have some people
say working from seven to ten. ~1
8 Q In district two, how many centers are involved
9 | in the recreational program?
10 A Ten.
11 Q Mr. Calametti, is this in the southern area of
12 the city?
A District two, yes.
THE COURT:
One is really the northeast and district two is
the southeast?
16
A Yes.
17
a MR. BEDSOLE:
In district three, which is the western section
on west of Interstate......
,, || THE COURT:
You didn't get the number of persons in two. |
|
MR. BEDSOLE:
23
|
How many personnel do you have under your direction
in district two?
1
| o—
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Q I believe you have taken your records, Mr. Calametti,
A Fifty-five.
Q All right, sir. District three, Mr. Calametti,
which is basically, I believe, west of I-65;is that correct?
A Yes.
Q The number of facilities that are involved in the
recreation program are what?
A Six.
Q How many people do you have working under you in
district three?
A About thirty-five.
Q All right. I believe that you have made some
percentage figures on some of these for us at my request,
did you not?
| A Yes, sir.
Q Looking back at district one where we have eleven
facilities, percentage of the total number of facilities
involved in the recreation program, what is the percentage
of the facilities in district one, please, sir?
A Forty-one percent.
Q And the number of personnel in district one out
of all the personnel that you have working in all three
districts, what is that percentage?
A Forty-two point three.
670
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
on 13727 &
1 |
{
2 and compiled some payroll expenditures for me; is that
3 || correct? |
4 A Yes, sir.
5 Q Now, in district number one, which is the northeast
6 part of the town, what have been your payroll expenditures 7 over what period of time, Mr. Calametti?
2 4A That would be 1974-'75. The figure that we have
9 | here is a hundred and ninety-seven thousand six hundred
10 | and fifty dollars.
11 Q All right, sir.
12 A That is about forty-two percent.
13 Q Forty-two percent?
14 A Yes.
15 Q District two, what were your payroll expenditures
16 in the year 1974-'75?
17 A A hundred and sixty-one thousand five hundred
18 and ten dollars.
19 Q And in what percentage of that is the total?
2 A About thirty-four point four.
91 Q In district three, the western section of town,
Mr. Calametti, what was your payroll expenditure in that
area?
A A hundred and ten thousand eight hundred and
forty dollars.
671
FEDERAL STENOGRAPHIC REPORTERS
| P.0. BOX 1971
| MOBILE, ALABAMA
| en ria inmte 31378
| | |
: | Q What was the percentage of that?
5 | A Twenty-three point six.
4 | Q All right, sir. Let me ask you this, Mr. Calametti.
5 | Did you compile any figures as to your year around staff,
6 || total number, please, sir?
7 A Yes. This is full time?
8 | Q Yes, sir.
9 A Full time and then part time, eighty-three.
10 Q All. right, sir. Is that full time or part time?
11 A That is both.
12 Q Mr. Calametti, I believe you have related to me
13 the basic use by school children or youngsters -- of course,
| 14 there are some older people, adults, that use the recreational
15 facilities, but basically where is the greatest use of the
| 16 recreational facilities, in what district?
17 A One.
| 18 Q And have you been out and visited those various
| 19 recreational facilities?
20 A Yes.
21 Q Would the population or the school children or
99 people that use the recreational facility, what is their
93 racial make-up of district one, in your opinion, as you
24 observed the program?
be 05 A It is very heavily predominantly black.
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
1379
no
Q What sort of generally -- what sort of programs
3 | do you provide at your recreational facilities?
| A Well, during the winter, it would be -- they have |
5 | play school programs, basically in the morning, when school
|
| is in session. They have various programs for the housewives
or the adults who are available at that time of day.
8 | In the afternoon, before school is out, after
9 | lunch, then you have other programs for adults or young
p—
>
adults who are available to take part, at that time of day,
11 and from three-thirty and on when the school is out, then
12 the program is, of course, geared for the children between
13 || then and seven o'clock at night.
14 | Athletic programs, arts and crafts, music, games,
little tournaments, almost any type of activity they prefer
16 | to have.
17 THE COURT:
18 | Let's take a ten minute break.
19 | | (RECESS)
20 | THE COURT:
91 All right. You may continue.
59 ||MR. BEDSOLE:
93 Mr. Calametti, in order to clear up a matter, the 2 figures that you gave me earlier divided by districts, do
‘those figures of personnel include people that might be
673
I FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
bd
(O
{ {
employed in the summertime?
g! A Yes. Those were from 1974 - '75. We have a very
4 | large number of people that come to work in the summer only.
5 | Q Would that be high school students?
6 A That could be, and could be a lot of teachers and
7 Em—
8 | THE COURT:
9 | Would that be included in the original figures?
0 [A Yes, sir.
11 | THE COURT:
2 | All right.
13 || MR. BEDSOLE:
1 | Mr. Calametti, where are, primarily, the facilities
15 x I guess we would call them indoor facilities or gymnasiums,
16 where are those primarily located?
|
17 A The city has gymnasiums at the playground
18 facilities in the Roger Williams housing project.
19 Q In what district is that located, Mr. Calametti?
20 A That is in district one.
un 40 All right.
73 A They have gyms at the Josephine Allen housing
project, which is also in district one. They have one at
‘Lesley Busky Center, which is also in district one.
They have a gym at the Joe Radford Thomas center,
: 674
| FEDERAL STENOGRAPHIC REPORTERS
| P.O. BOX 1971
MOBILE, ALABAMA
i tld 3 0)
i which is on Davis Avenue, which is in district one. We have
a gymnasium at the Springhill Avenue recreational center
on Springhill Avenue, which is also in District one. We have
a gym at the Taylor- Plaza center on Michigan Avenue which is 6 || in district two. |
“ HQ Let me ask you this, Mr. Calametti, to interrupt
8 i you a moment. All of these gym facilities, in your
9 | opinion, as a recreational director, what race primarily
10 uses those gymnasium facilities?
11 | A Primarily the blacks.
12 | Q “You may continue.
13 | A We have another gym at the Harmon recreational
14 center in Maysville, which is also in district two.
15 Q Is that predominantly black?
16 | A Yes. Those are the only gyms that the city
17 | opavites,
18 2 Where are the swimming pool facilities located, |
19 Mr. Calametti, and in what district and, if you can indicate,
|
20 || based on your experience as a recreational director, which
21 race primarily uses those pools?
929 A Well, we have a pool at Taylor Park, which is on
03 | Baltimore Street and that is in district two. That is 94 predominantly black and there are some whites that use that
| pool.
to
N
n
| re 1d
1 i!
|
|
t
i
SE
ER
Plateau, Alabama, and that is predominantly black. We have
675
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
1382
We have a pool at the Kidd Playground which is in
a pool at the Joe Radford Thomas center on Davis Avenue
and that is very predominantly black and we have a pool at
~ the Gorgus playground in Toulminville, which is in a predomi-
' nantly black neighborhood, yes.
ll Q Mr. Calametti, do you have supervisory personnel...
THE COURT:
Is that all the pools in the city?
A Xess, Sir.
THE COURT:
So, all the pools are in black neighborhoods?
| A Yes, sir.
MR. BEDSOLE:
Mr. Calametti, then all the pools, publicly
operated under your recreation department and all the
gymnasiums are in predominantly black neighborhoods; is
that correct?
A Yes.
MR. BEDSOLE:
I have no further questions.
~ THE COURT:
You may cross him.
676
FEDERAL STENOGRAPHIC REPORTERS
| P.O. BOX 1971
MOBILE, ALABAMA
| 1414 : |
|
2 | to give you an opportunity to point out everything and |
3 || then some things I want to see.
4 |. MR. ARENDALL: po Yes, sir. We will make the arrangements.
6 | THE COURT:
SA Now, I am sure, with reference to remarks that I
have heretofore made, I am sure that you think you heard Qo
g 0 and think you understood what I said, but I am not always
10 | sure that you understood what I meant by what I said. Let
11 | me state that I have not come to any conclusion in this
12 | case and I make that statement particularly in the light of
13 | the next statement I am going to make.
14 This case was filed in May of last year. I beg
15 | your pardon, June 9th of last year. I have stated that I
16 wanted to decide this case together with the county and board
17 of education -- the County Commission and try to come out at
18 the same time. In the event, and I emphasize again, I have
19 | not come to a conclusion, but I am concerned about time
20 schedules and about time consumed. In the event that I should
2 i decide for the Plaintiffs, it will be nothing but fair to
29 | give the Defendants an opportunity to present some plan, as
9 | I required by the pre-trial order of the Plaintiffs to give
by and so I would like for the city to have prepared, at the |
|
| time that arguments are made and I would like for them to be
1}
1 CS I, HEEL _— BENE ERROR,
677
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
1415
no
W
A
don't have my diary. I believe it is about the 13th of
| MR, STILL:
THE COURT:
furnished not less than two weeks ahead of that time -- I
September that the County case is set. Then we will say that
by the lst of September, Labor Day, comes on the 6th of
September, by the lst of September I would like for the
Court to be furnished the City plan or alternate plans and
furnish it to council for the other side.
Your Honor, also, if we could present an additional
plan. As you noticed our plans follow sensus districts,
I think, in the intervening plan.
THE COURT:
You may do ©, but don't inendate me with too
many.
MR. ARENDALL:
Are those plans to be restricted to a division of
the city or also, for example, to prescribe the suggested
powers of somebody?
That is a good question. As I understand it,
under state statutory provisions, the alternative power in th
statute, the code section as presented in the last part of
yours, that the city can change its own form of government,
isn't that correct, and go to certain mayor aldernman plans
678
FEDERAL STENOGRAPHIC REPORTERS
| P.O. BOX 1971
| MOBILE, ALABAMA
lL | LO Ey
pdt .
oH and so forth? |
3 MR. STILL:
4 | Yes, sir. There are certain forms established.
5 | THE COURT:
6: | I understand those statutory plans have been referred
7 to as a weak mayor council plan. There has been quite a bit
8 | of testimony as to the undesirability, Rlpgt overwhelming
9H sektinidy or almost uncontradicted testimony and what
10 | concerns me is the details, how much detail we are going to
11 | get in. I would say, yes. I would like to have some powers,
12 | but I would like for us to somewhat follow the wisdom of the
13 | founding fathers with reference to our constitution as
14 contrasted to the 1901 constitution of Alabama, which is so
15 long.
16 | But, with reference to what has been determined
17 a weak mayor council plan and a strong mayor council plan
18 | and, don't get into too much detail, yes. 1 would like for
19 that. I am going to set up schedules for plans for both
90 | Parties before trial date in September. Why don't you do
91 | this, let's keep the dates -- I like to keep everybody under
90 | the gun and then it gives me time. If you need a little
97 | MOTE time to come back and explain, okay.
| MR. ARENDALL:
I We will do our best to have it by September 1st.
679
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
Does your Honor what any supplemental briefs?
THE COURT:
I will leave that up to you gentlemen. They have
| been well briefed and I have studied your brief. If you
' want to, I am not going to require it.
You both have extensively briefed it and very ably
and since I say that to both of you, I don't want you to
say -- if I ever received a learned trial judge, I knew I
was reversed, so I don't say that in that sense. I think
| it has been exhaustively briefed.
If you want to add supplemental briefs, y'all
can exchange briefs and get those in by the 1st of
| September.
| MR. STILL:
Yes, sir.
THE COURT:
Any other questions you have to ask me?
MR. STILL:
No, sir. I don't believe so.
ry ARENDALL:
| You want us to meet at your office with a lawyer
| and an. expert and a van?
XHE COURT:
Yes. All right, gentlemen, thank you.
COMPARISON FOR SELECTED ELECTIONS AND WARDS
PREDOMINATELY BLACK WARDS
680
VOTER TURNOUT
Plaintiffs Exhibit 3
1972 COUNTY COMMISSION
DEMOCRATIC PARTY
TRA
WARD % BLACK REGISTERED PLACE 3 PLACE 3 PLACE 2
VAP VOTERS RUNOFF
JULY 9,1973
1 95.3% 963 311 167 225
2 95.2% 2876 730 444 426
3 95.9% 4558 1319 841 882
10 99.57 4192 1058 847 663
20 96.07% 1251 405 281 291
22 94.77% 1152 346 260 197
32 99.7% 1478 479 252 371
Totals 16,470 4,648 3,093 3,055
28.27% 18.72 18.5%
PREDOMINATELY WHITE WARDS
4 «22 2720 665 747
6 2.17 5035 1339 1110
15 2.17 3324 1112 1037
16 .097% 2077 714 914
17 .00% 4465 1157 1377
18 2.17 6363 1375 1544
35 47 2336 601 705
36 .08% 4626 1303 1343
37 .67% 3140 750 926
Totals 34,086 9,016 9,703
26.47 28.47
|
\
|
cont'd
681
PREDOMINATELY BLACK WARDS
1973 CITY COMMISSION
PLACE :1 += PLACE 3..7q PLACE 1
RUNOFF
181 185 134
577 591 483
954 982 880
816 848 668
354 358 304
249 257 225
400 426 386
3,531 3,647 3,080
21.4% 22.1% 18.7%
PREDOMINATELY WHITE WARDS
862 788 777
1755 1849 2070
1380 1377 1303
897 897 858
1771 1760 1656
2086 2078 2155
795 801 709
1654 1642 1576
956 957 957
12,156 12.149 12,058
35.6% 35.6% 35.3%
682
VOTER TURNOUT
Plaintiffs Exhibit 4
COMPARISON FOR SELECTED ELECTIONS AND WARDS
PREDOMINATELY BLACK WARDS
WARDS % BLACK REGISTERED County Comm. County Comm. School Board
VAP VOTERS Place #1 Pl1.#1 Runoff Gill-Alexander
MAY, 1976 May, 1976 1974 Runoff
33-99-1 91% 5584 1783 1806 1735
33-99-2 95.4% 3149 898 898 877
33-99-3 90.6% 1808 506 520 637
*%33-99-4 99.7% 1712 457 434 428
*35-103-1 99.5% | 2784 634 462 606
Totals 15,037 4,278 4,120 4,303
Turnout 28.4% 27.3% 28.617
* For 35-103-1 Only 22.7% 16.5%
*% Sub-total House 99 Only 12,253 3,644 3,658
Turnout House 99 Only 29.7% 29.8%
PREDOMINATELY WHITE WARDS
34-100-4 .67% 4431 1272 1106 1436
34-101-1 rg 3807 1110 897 1225
34-101-2 2.67% 4177 1322 1229 1365
34-101-3 47 4141 1361 1246 1294
34-102-3 1.0% 2831 939 893 1103
34-102-4 “37 2052 698 691 845
34-102-5 .07% 4460 1505 1364 1710
35-103-4 2,67 3769 911 748 1043
35-104-4 .8% 3330 913 787 1111
35-104-5 2.0 3127 1034 985 810
Totals 36,125 11,065 9,946 11,942
Turnout 30.67 27.3% 33.05%
683
Plaintiffs Exhibit 5
VOTER REGISTRATION
MOBILE - 1973
PREDOMINATELY BLACK WARDS
| WARD 7% BLACK VAP REGISTERED VOTERS
| V=-AP AS OF JULY 9, 1973
|
1 95.37 | 1878 963
2 95.2% 4639 2876
3 95.9% 6679 4558
10 99.5% 6285 4192
20 96.0% 1817 1251
22 94.7% 1771 1152
32 99.9% 2883 1478
Totals 7.Black Wards 2,5952 16,470
% Black Registered
Voters 63.4%]
PREDOMINATELY WHITE WARDS
4 + 2% 2742 2720
6 2.17% 5685 5035
15 2.1% 3893 3324
16 .09% 2167 2077
17 .00% 4846 4465
18 2 kT 6342 6363
35 4% 2915 2336
36 . 08% 5362 3140
37 .6% 4058 3140
Totals 9 White Wards 38,010 34,086
7% White Registered
Voters 89. 61]
684
- ~ PLAINTIFFS EXHIBIT 6
VOTER REGISTRATION
MOBILE COUNTY - 1975
PREDOMINATELY BLACK WARDS
WARDS %-Black POPULATION REGISTERED VOTERS
MARCH 23, 1976
33-91-1 917% 12,7039 5,584
33-99-2 95.47 8,664 3,149
33-99-3 90.6% 4,510 1,808
33-99-4 99.7% 5,536 1.732
35-103-1 99.5% 8,946 2,784
Totals 5 Wards 40, 365 15,037
7% Black Registered
Voters 37.14%
PREDOMINATELY WHITE WARDS
34-100-4 0.6% 7,760 4,431
34-101-1 0.7% 7.310 3.367
34-101-2 2.6% “4,196 4,277
34-101-3 0.47% 5.520 4,141
34-102-3 1.07 4,244 2.331
34-102-4 0.3% 2,704 2.352
34-102-5 0.0% 6,914 4,460
35-104-4 0.3% 6,029 3,330
Totals 8 Wards 44,677 29,229
Sources:
7% White Registered
\ Voters 65.18%
7% Black - computed from census data by Anthony Parker.
Population - computed from census data by J.E. Voyles.
Registered Voters - taken from official Board of
Registrars records.
685
Plaintiffs Fxhibit 7
VOTER REGISTRATION - MOBILE COUNTY
-Years- fopulTer
1956 1966 1968 1973 1976%/
7% White Registered 88.47% 947% 89.6% 62.2%
% Black Registered 147 48.8% 64% 63.47% 36.5%
Difference 39.6% 307 %6.7% tos.
Difference
State at Large 36.97 25.87
1/
As a percentage of population rather than voting age population
(VAP).
686
CIIARY 1
VOTER RECISTRAPION IN MOBILE,
EAR IN fey ns
0
oN <3 Vo) m oO (QV, J \D (ay)
LN) 10 BR 1) No) (NO) 0 OD (9;
o GC 9) C GY ©) GY lo) [o) on
— —1 i 1 ry [! = v=
Rone 12d of Boogsstvravre, Mobil
z 1 BY. BY BAMA
~vy3as xr
County ’ of 1
37
cial
e
s
po
—
—
—
—
687
| The ztiitude in Mobile County toward Negro suffrege
| biz Deen less restrictive thon in some other arens. of Alabama,
| such as rany black belt counties where few, if any, Negroes
: were registered prior to 1965. An assessment of a Kegro's
Treedon t0 register in Mobile 1s difficult, bunt it is
nrobhably safe to speculate that, at least since 1965, Negroes
iave been able to register and vote in Moblle with a mini- |
munof difficulty.
The latest reliable figures on registration by race
are those of 1984, since race is not designated on regis- |
tration forms after that year. 4ny projection from 1964 to
| gate is difficunit; the Justice Doparitpent estimates are ny
state only and are not broken down by coumty, © Inckily. fhe
-— .
Southern Regional Council in Atlanta does publish registra-
tion figures by roc ond by county.” Using these figures
and census data projections frcm the Southern Regional Plan-
ning Commission, it is possible to project relisble figures
on Mobhlle registration by race and by ward. These are
presented in Table I (page 48) and are reflected in Chart I
(nage 37), which shows the growth of Negro registration in
Fobile from 1948 to the present.
Registration is tut one side of the coin. To register
is only part of the action of voting, and datos reveals thot
nerroas 160 noth eyercise the right 10 vote in.as hish a.pere
centaze a8 §o whites in Mobile. Por axample, in the 1968
a) ~ 3 1 - ~~ Sh - 3 . ~ 3 i - PS wo $ presigertizi elsction, ao preat dsnl of effort wes nnde to get
Yiezroes to the polls, in an idealistic hops of preventing
63
688
VZallaceyiosi Joust, from receivitig a ‘majority in Alabama.
ny Motif. Seamty, the turnout for jumphivey in the black
vaYes wir sizeable, as will be discussed in a later section
ef this paper, but the falloff botween he vote for presi-
dent and the vote for congrossmin was sagrificant, ag 4s
indicated by Figurerl..w The falloff is .even nose .exiiras
ordinary when ohne considers
n candidate for Congress on
Elabang ticketl,
that Nobel Beasley, a Nagro, was
the National Pemocratic "Party of
FIGURE 1
Hegro Voier: Lurpout
19568 Presidential and Cougressicnal Races
Presidential
Vote
492
Vote
163
Lard 10 2258 2.383 751
Vardr3l 578 505 354
Yard '§2 1048
Source: Of 'lcial Canvas, Tabulation and Declaration
—— a
Yes mds 5 Cl EE 3 £7)
LITA 5, 2. alsan “Ly Jc! «3
PR Me -——— ma —ta ee ———— a
—— nn
a Wo I PD ~ 3 = yin y ON Sony ae aoe N- St ay = - > Tass ;
Prosycer) 12] PEG, Colaranaionnl Races Lela an Haba bo
Congression>.
LS r— ose Sm
689
64
H. D. Price observed the phenomenon. of. "falloff". in
ack voting & 0S > ’ ast eC > eX-—~ black voiing across the South, and he suggested some ex
planations for ils. occurrence:
Many whites vote at least partly becausc they
regard it as a duly and as part of being a
good citizen. . Once at the polls, they usually
take the trouble to indicate ‘a choice in most
of the contests on the ballot. 'Negroes, how-
ever, have not been subjected to decades of
civic exhortation on the virtues of voting per
Ise Fyv*fact, "tHely very right of participating
in elections at all As still politically.con-
troversial even though legally settled. As a
result, most Negro vcters go to the polls only
when there is a contest that presents a choice
of direct meaning to them... And once in.the
voting booth, Reogro registrants are still guite
likely. to indicate a choice only. in the contest
Or ‘contests that have particular interest to
them. © |
Price's observations seem to be valid in Mobile, and cexr~-
tainly falloff. and poor turncoat: dilutes. black.volting powcr.
The 1967 tax proposition referendum is another example
of the relatively poor turnout in black wards. when elections
of minor attention. are held. In the fall of 1867, a tex
proposition was placed before the citizons of Mobile County
4. Lo establish a temporaxy additional property tax to support
11... 0. Price, Tho loogyo and Southern Prlities (Now
Nort, 1052). 32h
690
74
*
tig age mn As eb, organization ie still alive and well in
Jiohila, prosbering on attontion accrued in its stand against
busing, As this io being written, Westbrook has again filed
to ran fora ‘seat .on the school board.
Aliuh Ain 19569, the Republican .panty felt strong enough
to demand representation in the county's legislative dele-
gation. A~loeal attorney, Bert Nettles, filed. -for one.of
two vacant seats in ao special 1969 legislative contest.
750 Democratic party in the county had. a candidate who vas
supported by George C. Wallace, Sage Lyons, whow they wantad
elected at any cost. Since two black candidates were -f£il--
ing—--one for each secat--it was feared that a head-on
confrontation between Nettles and Lyons would result in a
plurzlity For a black in one of the elections. Thus an
acrcerent was rcaeched: Lyons would run for onc place;
Retiles Toy the other. In return, the Democratic County
Cormitioe agreed that Nettles would face no strong opposition
in hie contest,’ Since this was a specind clection, the Domo-
craticsComnty Committee certified the Democratic candidulos
out primary elections and could keep their promise Roi
o Ri SRE
Eo ru a candidate agoingt he RBepublicaon, Bert -Rettlosn:
neo nronngenant, Bowever, conld not have boon made hod not
691
a sizoz:io nuhbar of the County Democratic Lxecutive Com-
| mittee supported Kettles. Thus, the election of both Nettles
and Lyons was insured.
The voting fell into racial divisions, with Montgomery
and Bell receiving majorities in each of the black wards.
It will be noted, howevey, that Bell ‘ran considerably behind
Montgomery in each of the black regions, indicating the
strength of Beasley's opposition to his candidacy. Lyons
ran well’ ahead of Nettles in the race, showing especially
his strength in the lcower-middle income white wards. But,
bot Lyons and Rettles did quite well in all aromas of thao
city except the black rYegions; proving it ponsible for a
Republican tO win a seat in the Alabama legislature, a feat
deemed impossible until after 1969.
This examination of voting in Mobile reveals that the
turnout patterns here follow sociceconomic lines in about the
sane manner as studies in other areas have revealed. Using
; % 10
Scommon’'s words, "the unblack, the unpoor, and Lhe uwnyomo,™
“Richard IM," Searwon and Yon J. Witltenhordg,. Tha Roa)
. FOIE ATR rll Yap LEE ®N -t, W hd . Y, 8 og ~
yEgni tes ere York, i AlO50)y iY. E56],
692
Tha Pearson computation again reveals the racial in-
plication. of the voting. A coelfficiont 0f.-.92 indicates
an almost perfect negative corrvelation of the niwboy of
Negroes in a ward and the vote for Wallace. The economi
Lrenkdows is peripherally high at.-.43, indicating that
Wallace did better in the up pper- income areas than in the
poorer wards. This is, however, misleading. Wnen the black
wards are removed from consideration, a truer ricture is pre-
sented. A. coefficient. of .£4 is computed, s sh:owing that, in
the white wards, Wallace did better in the lcocwor-inhoeone
arcas than in the more affluent districts. This. is n0 coup
a reflection of iho. tradifionnl loyalty of shi white middlce-
class to the Republican.pariy. In any event, Wallace so
overwhelmed his opposition in Mobile that the scattered vote
for Numphrey. and Nixon is. virtually mweaningless,. except in
the Negro wards, where Bunphrey. did very well,
Presidential elections in Mobile have gone in the sane
direction ag have other eloctionsg: race has energed as the
greatest -Lasue. Po hetioer d@roamatine-that proposition, a
closer look will be given to two hypotheses:
l. Negroes have declined in political power in
bh Mobyilo since Lic 186h0' a.
| |
|
693
2+ an aXlisriceof The "have-nots” against the
Y hau not resulted from larger Rogro
registration, as V, 0, Key sugested might
occur,
i
BRAVO s
Figure XVI presents a percentage comparison of the
vote In the Mobile elections dlscussed above, avranged to
test the above hypotheses. The percentage difference bo-
tween votes cast for the winning candidates in the lower-
income black wards anc the lower-income vhite wards is
indicated. Likewise, this statistic is veed Lo compares the
-
votes cast in the low-middle income black and white wards
Lions three ang four). Since i Ls of tne stter GLOGps
is yelatively the same, 2 high percentage. Aliffeyrence wild
show: avotey choice'nmzde on the basis. of race, rather thm
economics,
Hypothesis two dg difficult to test, since the re-
lationship between racial composition: of the wards and
economic level of the ares is so closely aligned in Hobllo.
gure VILE, however, presents a conparison of voile botwaen ( A
the lower-income white wards and tho higher-income white
By climinatingoblach wavrds Fron '‘vongideration, tho
infloonce of vac? as a factor "in the comparison is held
aposonton in Pigure XVI support
SE wire yer 8 avy d=Ygeride Gy Yoyo Vomit 1] clarence Iya loo ~evy rol L.id an : a). TEN 2) DIA Chi Crag ROLLIE LORE i Nas dograoasea
Comparison of Black Selected ic Groups
Low White Low-Mid Black Low-Mid White
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FIGURE VIZ (continued)
RR) - 1 = > Sage iON Rercontages O° Winners,
yeooidonnt ial Low Black Low White Dif Low-Mid Black Low=Mi1d White Diss,
1845 80.96 72.60 2.35 80.50 78.42 2.058
1952 43.74 49.C0 Baz 39.40 55.18 15.78
3855 45:73 51.10 5.87 42.29 58.37 15.17
18383 8.10 83.80 77.70 Xr. 8 74.90 2.782
ul
source: Probate Court: Records
696
since the 1300's, The obhservotion igs clear: with the ox-
caoplLion of city commissioner Joseph Langan, no candidate who
hus won a majority in the black wands ‘of Mobile hus ‘also
carried a majority Inthe entire city.since 1360. Aséthe
Pigure indicates, before 1950, the difference between black
and white votor choice is not greatly significant in most
races when economic level is held constant, While the black
vote was disproporiionately small compared to thé nundor er
Nesroes residing in Mobile, thelr votes He often important
gnough to be gowgnil, Since 1960, (his Has mol been true;
icontification with the black wakds is the
for an cffice-sccler. in Mobile, The black voters constitute
such a vizible and emotional isgue to Mobile's white volers
that any identification witheblackséin Mobile will produce
a reaction by white voters and defdat the plack-supported
candidate. Thus, while the nurnbers of blacks voting has in-
crouased, the relative importance of ‘the black vole ds less
than before tho civil riaghtsindvemont 'of' the 1960's.
Race is peylhaps the roogon that there is little dovi-
ation in wveting br whites regnrdlesy of economic lovel Hn the
J
Vi ol Mull 0, Platine NIT a puenonls; a conparison of ho
~~ |- pr Ar fats Toy = CS dE Sin Vea iy org «Nie Xr - - 3 35 Wan $id VOLe Dotweoen thie louoot ince and tho hichoat income vhite y 4
‘
py
FIGURE XVIZX
-— Comparison of Low/High Income White Wards in Moblle Voting
Block ion Percentages of Winners
City Cormigsicn Low White i High White Diffs.
1953 i'lace Ona {(Pinance) 53.30 : 23.40 : .90
‘Ineo Tan forks) 68.30 65.8 250
ince Three (Police) 59.10 53.185 5.25
1857: rlace One Sd. 31 : 53.13 3:18
Place Two 54,38 0:55 .23 2.45
Place Three 52.3 33.41 15.90
1861. Place Ono 46.41 83.62 5.21
Place Two : 46.04 53.14 17.10
Place Tnree 46.56 1:65) +75 15.12
‘ ' ~~
1655 place One £3.29 "448.63 1.34
. Place Two 49.75 54,70 4.95
Place Three ; 82.60: - 78.8% 3.74
1069 Dloce One 53% 53 ~30.78 2:95
Place Two 55.91 : 55.90 D0
Place Three 37.19 74213 12.02
Gubernatorial
1954 83.58 1% 99.84 5.74
J.
N
Ww
Dlactine
Cularnatorial
FIGURE XVIII {conti
£< Y - .e Percentages of wanners
Low White
nued)
High White
86
9
699
125
warde, Trg figures presented hore indicate that there is
no major Cifference in voting patterns between low and high
income white areas in Mobile.
Except for the 1957 and 196) city commission races for
N
Place Three (Public Works Commissioner), and the 1964 Place
Two (Police Commissioner) race, there have been no major
differences in voting between the groups in city commission
races. Both of these races involved Commissioner Hackmeyer,
who, as previously mentioned, attempted a low-income black
ana Yus-incons hits alliance. Be was en atyl. as figuron
indicate, in gaining support from this alliance, but «it 4idg
not produce encugh votes to keep him in office after the
1657-19561 tern.
The 1961 Police Commissioner race (Place Two) also
shows some variation between groups (17.10 percent). This
/
can most likely be explained by the candidacy of McNally, a
Republican, who drew disproportionate strength from the tra-
ditional Republican areas--the upper-inconme wards. After
196), the local elections show no major difference in white
wards of high or low income. This an that tho. choice
of voters was determined by something other than economics.
700. . 126
The gubernatorial nnd presidential contests show little
Aifforcrn=~2 in economic level Bai 1960, “rue, the Democratic
tickets Bn Y1960" (Mennedy) ond in 1963- (Wallace) did fare batter
in the low-income white wards than in the upper—-income white
arveds,hbut''this con be explained by the traditional support
for the Republican presidential candidate in these areas.
The 17.83 percent differencesin the 1970 gubernatorial pri-
mary ilsidue probably to the Wallace appeal to race, which
had oder Supnant Inthe low-income aAveas than in the high.
But, even in the upper-income areas, Wallace won a landslide
63,98 percent ‘of the "popular vote,
Thus, this ‘ewamination of os volte rer-eals that an
alliance ‘of ‘the “have-nots,” cutting across racial linogs,
against the "haves! has not materialized in Mobile, nor is
R
one likely. Likewise, the position of the black vote in
‘ —————
-“ ———————— i
———-
———
Mobile is becoming more and more tohuous. Presently,
~~ identifica ionwithvthe"hiack vote spells cofeal for any
candidate Ani Mobilel* In practical terms, this means that
—
blacket have -lesc“influonce than they had before the 1960's,
andi thatileandidates™ for office are able Lo ignore black
intorestsiand ali¥¥ be ‘elected, It is sronic That the
I
—
—
—
—
—
—
pT —
—
—
—
—
—
—
—
—
—
—
—
—
—
T
701
| 127
civil ri-nts movement--wvhich intended to increase black
»0litical power in the South--has had the reverse effect in I
Eobile.
CITY COMMISSION
includes these tests
Voyles Pearsons r
702
DE Exhibit 53
ALAS
1953 1, Lengan . Luscher Sr. 3. Hackneyer
Income 3 ; 41
Race 41 . 69 .34
1957 x. Longen . Luscher Sr. 3. Hackneyer
Income .6 : .84
Race .52 .38 “25
1961 1. Langan . McNally 3. Trimmier
Income 32 .83 .81
Race 21 .81 .82
1965 1. Langan Mims 3. Outlaw
Income 47 .93 .43
Race .93 .96 .92
1969 1. Langan Mims 3. Doyle
Income 44 .90 41
Race 91 .95 87
1973 1. Greenough/Bailey 32. Mims
Race .79 .71
+ Roe ga
Regression - thenumbers are circled on the chart. 1A
A set
1965 No. Candidate Coef. Data Base
1 Langan 71 Ours
2 Mims B57 Ours
3 Outlaw «77 Ours
1 Langan .86 Voyles
2 Luscher . 67 Yoyles Dav
1969
Langan .74 Ours
2 Luscher v78 Ours
3 Doyle(run-off) .38 Ours
1 Bailey .32 Voyles
1973 ;
1 Bailey (run-off) oS Ours
Smith +33 Ours
Taylor 90 O Ours
Albert .80 Ours
1 Greenough . 59 Voyles
Referendum
1963 58 Our
.80 Voyles 1960 Data
1973 .80 Our
School Board
1970 Jacobs (runoff) 37 Voyles
Jacobs ( Y ) .84 Ue Ours
1972 Koffer ( ) 330, Voyles
1974 Gill (runoff) .89 ¢ Qurs
Clarence Montgomery - legislative race 1969 not included - race
tested at .85
pe A
N
r
a
g
—
r
—
—
—
pp
—
COUNTY COMMISSION
Regression
: 1968
All Wards
City Wards
All Wards '68 Run-off
1972
All Wards
City Wards
All Wards
1"
Additional School Board Races
1962 Run-off
1966 Run-off
* Testing Income
703
Candidate
Yeager
Smith
Stevens
Yeager
Smith
Stevens
Yeager
Smith
Stevens w
W
w
N
h
F
W
L
W
b
h
D
H
F
E
W
N
D
HH
Yeager
Smith
Haas
Yeager
Smith
Haas
Langan
Mrs. Stevens
Capps
w
W
w
N
h
h
H
F
E
W
N
h
HE
Goode
Russell
.83
Data Base
Ours - Gen.Elec.
Voyles Primary
" ”"
”" "
Voyles
Voyles
704
JOHN LeFLORE GERRE KOFFLER
WHO WILL RUN YOUR SCHOOLS?
GERRE KOFFLER FACTS:
RUNNING FOR PLACE NO. 3, SCHOOL BOARD COMMISSION, MAY 30th.
1. SIGNED AGREEMENT WITH NAACP TO ACHIEVE TOTAL
INTEGRATION WITH TOTAL BUSING.
2. VERY ACTIVE IN THE MILITANT ORGANIZATIONS ACT, NAACP,
NOW, NON-PARTISAN VOTERS LEAGUE, LEAGUE OF WOMEN
VOTERS.
3. HAS ENTERTAINED BLACKS IN HER HOME.
4. HAS BEEN SEEN AND PHOTOGRAPHED IN COMPANY OF BLACK
MALES.
5. UNDER INSTRUCTION OF ALBERT J. FOLEY IN THE CIVIL RIGHTS
SCHOOL CURRENTLY.
6. POLLED 92% OF BLACK VOTE IN MAY 2, PRIMARY.
MAY 2 BLOCK VOTE
WARDS Koffler Sessions Langan , McConnell
3
STANTON ROAD 746 170 1,071 49
10
DAVIS AVE. 529 13 820 87
31
PLATEAU 270 22 282 10
32
TRINITY GARDENS 320
PLEASE VOTE MAY 30
OFFICIAL C.B. |. REPORT DATE LINED MOBILE, ALA.
—— gp —
REMEMBER...it takes only a simple plurality to win.
BLACK TUESDAY
«THE CHOICE IS Yous EEL’
A These people seek to destroy George Wallace and the Wallace Team hi
ttes, sponsors of the five- ysar
Bill Sellers-The State Of Politics Mobile, Sunday, May 14, 1972 Press Register—5-A
Wallace Popularity Assessed
At a time when many people
think Gov. George C. Wallace
stands a chance—admittedly
remote—of being elected Pres-
ident, many others here in
Alabama feel he will have a
difficult time winning another
term as governor in 1974.
The latter assessment is
based on some recent signs of
a Wallace popularity slippage,
coupled with an almost cer-
tain awareness of the issues to
be developed in the next gu-
bernatorial campaign.
The drop in popularity was
perhaps best reflected when
fund-raising dinners were held
for the governor recently in
Mobile, Birmingham and Mont-
gomery. Several hundred tick-
ets were sold in Mobile and
about $5,000 to $7,000 was
raised for the Wallace cam-
BEI) aoriing 10 sources
close to Rep. “Sonny” Calla-
han who staged the dinner.
But in Montgomery and
Birmingham, the dinners were
big flops.
Wallace insiders report that.
he is having a rough time try-
ing to raise money in other
states and is therefore having
to lean heavily on Alabama
for the fantastic sums needed
to keep his show on the road.
Some of the Wallace fund
raisers are Senerating some ill
will with their tactics, parhic
ularly when they are dealing
with contributors who do busi-
ness with the state.
And there are Jereased
murmurings of di nt o
Wallace leaving state atfalls
neglected while he campaig
These complaints are not tod
loud at pepsi since it is
quite evident that Wallace is
having an impact on the presi-
dential campaign.
When he has returned to
Alabama, however, and Wash-
ington—in the hands of a
Democrat or a Republican—
remains unchanged, his argu-
ments will have a hollow ring
in Alabama.
Do not think for a moment
that other gubernatoria} cam-
paigners such as former Gov.
Albert P. Brewer will allow
voters to forget that the big
issue in their 1970 race was
that of fulltime service as
governor.
"he most interesting ra @ Bg
the runoff ballot here May 30
will match Joe Langan and f§
Harry McConnell for Place 8
im on a
Making this match-up more
interesting is the bloc vote
factor and the role it might
play.
dates for delfgate
Democostief Na
"student from
Sig: employed on a co-
NQby U.S. Sen. Jim
! prfssed amazement this past
week to learn that Parmer, the
nti-Wallace candidate, "and
Parmer the Allen aide were
Parmer’s appointment to
Allen’s staff was made by the
mmo of South Alabama.
Q/
PD. POL. ADV. BY CITIZE?
WAS I MONEY OR | PROMISES THAT SECURED THIS BLOC VOTE?
‘BEAT THE BLOC! Vote and the Choice is Yours! Don’t Vote and the Choice is Theirs!
) W. C. BOYKIN, CHMN.
G
O
L
HARRY
MCCONNELL
IS CONCERNED
WITH ISSUES,
NOT RECORDS,
rd i Se od gy ; Su: cs ae P “
ve. ry “ yy HE
“Langan favors at least 40% property: ax on
£ all County property. Langan said, “However,
er ; Lust: a 40%, tax would be! enough:
"Langan received following votes in the pre-
. dominately black wards. ~~
EL RRR § 'LANGAN . MoGONNELL
1%. WARD 1 (Stimrod Rd.) wuvvnen 250 . 13
i, WARD 2(Toulminville) .......... 473 36
.- WARD 3(StantonRd.) .......... 1071 © 49
; WARD 10(Davis Ave.) ........... 820° 87
: + WARD 20 (Harmon Park Belfast) ..:. 360 : 10.
. WARD 31 (Mobile Co. Training- :
iad Plateau)... le. o. =v 282 10
WARD 32 (Trinity Gardens) ........ 372 P|
«PCT. 11 (Shepard Lake) .-. .-. in. 98 -- ol
E) Sik ; ; . LES = 3726 . < 270
_ PERCENT OF VOTE (93.2) - = © (6.3)
nF From officio! Mobile: County Democratic Primary Canvass signed by Jeii C.
Mims, Chairman of Mobile County Democratic Executive Committe.)
Langan was a City Commissioner the last
time your city sales tax was raised.
: (October 1, 1963)
0
BELIEVE ALL THE PROMISES YOU WANT
THESE ARE THE FACTS!
ON MAY 30...VOTE TO PROMOTE McCONNELL
. PLACE 3 MOBILE COUNTY COMMISSION
PD. POL ADV. BY GEORGE A. TOUIMIN, MOBILE, AlA.
+a A I 4 Mobile Press and iin Apri 2, 1966)
his Plage
tied py SrA ey Ly ’%
rn
i
p
e
708
EOR MER OF FICIAL
COMPANY.
731 pr apn
sll ed Hh
BoM &@
AN
—
>
f. B
P
M
T
R
S
ing Baord
ile Hous
eFLORE
L
To Mob
JOHN L
d By Langan
te
IES IN MORTGAGE FORECLOSURES
ppo
IT
ve
ON’SC NATH HE
ic oH
-
-
THAT PROGRESS?
1954
PROCEEDINGS, DEBT AND CRIME AND ARSON RATE
J
P
1S
Fr a)
0
a
k
e
I
kite
G7
fb
ON
¢
M
NKRUPT
IONER
b}
3 H
SHIG
A
EE ey
LET'S GET BEHIND
K
”
COMMISS
A
~
IS:
Ips
A Ne dng
Lot 3
IT
C
ER: 13 B
. *
it
0B
: J OeHA
re
nH
A
3
r
e
B
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R
,
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o
a
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h
a
r
a
—
—
—
—
73
Wits sans -
©) © IY 2
oe wan on Sh both
the. Democrat ihe Republican
; TREAT. me wero Son ;
A PRE BE SURE YOu Fogiadt |
or AUGUST 19th CITY. ELECTION
PAID POL. ADV. CITIZENS OPPOSED T0 METRO GOV'T. R. L. MeLEOD, CHR.
914
JOE LANGAN'S EPISTLE TO THE VOTERS OF WARD 10
"Then the voters were herded into the voting booths to be counted, the blind,
the mutes, the dead, and the illitrates. And lo, 99% bore the brand of
Joe Langan."
Then the FAITHFUL REJOICED. And they swarmed in the recreation center holding
their Ward Tabulations aloft and crying out in a loud voice. "See how I
delivered my ward." There is no Commissioner but Joe langan and my cousin,
Teddy, is his president."
The results were confirmed and the computers had ceased to compute, the
politicians started forth on their pilgrimage to the Avenue... to receive
the blessings of the chief politician and to pluck the sacred fruit of the
tree of patronage. \
But when they arrived they found Joe sitting disconsolately on a mountain of
morning papers. And the music was stilled, ‘no songs filled the air, and only
the mournful howl of a few was heard in the land.
Then the ward h elers drew around and questioned him saying, "Wherefore art
thou sad? Thou has overwhelmed thine enemies, yea even unto 99 percent in
the colored wards.
But General Joe answered them saying, "BUT WHAT OF THE 17% WHO AMONG YOU HAVING
LOST A SHEEP FROM HIS FLOCK, does not leave the 99-and go in search of the one §
that is lost.
Then Mr. Metro spoke in the voice of thunder saying,'"I shall build my cousins
Great Society in which there will be no percentages, no poverty, and no vehicle
inspection stations, but possibly a ZOO.
Where the humblest citizens will have the same opportunities as Mr. Bill Crane,
and Mr. Floyd Pate. Where the last shall be first, and the first shall be
first and all others before and after him shall be first and Mobile County shall
have 50 parks, 300 fire stations, 10 thousand miles of streets, 20 libraries, 6
tunnels, and 10 airports, and we shall receive 200 million dollars in poverty
funds from my cousin, Teddy. WE SHALL EMBRACE ALL MEN AND WOMEN, BLACK OR
WHITE, REGARDLESS OF PREVIOUS POLITICAL AFFILIATIONS."
But the ward heelers murmured against him for they feared if all partook, the
Pork Barrel would soon be empty and they might be forced to help pay for the
filling of it again. Then Mr. Metro knowing their thoughts, spoke to them
saying, "OH, YE OF LITTLE FAITH, did I not cause the NAACP to lie down with
the SILK STOCKING WARDS? Did I not convince the people of Mobile County that
my TAX AND SPEND POLICY is the best way to balance the budget and not add any
NEW TAXES and yet still have more PUBLIC IMPROVEMENTS. All these miracles
of PROGRESS I have performed and YET YOU STILL DOUBT? COME LET US REASON
TOGETHER OR ELSE!!!
ALAND. ALA | FRIDAY MORNING, JUNE 25, 1976
715
Plaintiffs Exhibit 62
HE REGISTER
d the Nation Since 1813
0c DAILY. 80c WEEKLY. PLUS TAX
Numerous Cross
uh
¥ burnings spread
across Coast area
A rash of cross burnings Wednesday
night in predominantly black
neighborhoods from Mobile to Pen-
sacola, Fla. brought a promise from
Baldwin County Sheriff Thomas
"Buck" Benton ‘““to stop it one way or
another.”
‘Burning crosses is the most
cowardly thing I know of— I just
deplore it,” Benton said, adding, ‘‘I
plan to take some action.” He added
that anyone caught burning crosses in
Baldwin County would be prosecuted
State Troopers reported at least 25
crosses were set afire in the two
southernmost Alabama counties
Meanwhile, at least seven crosses
were reported burned in Escambia
County, Fla. in front of black churches
and organizations.
The Escambia County burnings
came within hours of a school board
decision relating to the nickname for
racially-troubled Escambia County
High School.
Benton said one incident also involv-
ed shots being fired into the air, and
oge cross was burned in front,of the
home of a white family living in a
predominantly black neighborhood.
Benton said he was unsure whether
or not the Ku Klux Klan was involved
in the cross burnings, but he said the
incidents were apparently a ‘‘show of
strength’’ by some elements in the
area
No arrests or injuries were
reported. Officials said they are
hampered because there is no law
prohibiting cross burnings in
Alabama.
Most of the crosses, reportedly four
tn five feet tall. were wrapped in
burlap and doused with kerosene
before they were set ablaze
Reports placed the burnings at
Fairhope. Tensaw, Whitehouse Forks,
Crossroads, Clay City, Marlowe,
Foley, Beulah Heights. Magnoha
Springs and Mullet Point Park in
Baldwin County. Mullet Point is an
Fastern Shore public beach popular
among Baldwin's blacks.
Mobile police said one cross was
burned on Avenue A off Cottage Hill
Road in front of a black man’s house.
In Pensacola, targets included
churches, schools, offices of the
Southern Christian Leadership
Conference(SCLC), the studios of
television station WEAR-TV, and the
home of a WEAR reporter.
The reporter, Ken Larson, and a
black cameraman were reportedly
refused admission to a Ku Klux Klan
meeting recently. :
Earlier Wednesday, the Escambia
County School Board ruled it could
change the nickname or symbol of the
high school if it felt such action would
be in the public interest. Once the
name or symbol wds adopted, only the
school board could ‘change it.
The school nickname first was an
issue in 1975 when black students ob-
jected to the name Rebels and the
Confederate flag as the school symbol.
A federal judge's order banning the
name was appealed by the school
hoard, and racial disturbances ensued
in the area.
Meanwhile, students voted to
change the name to Raiders, which
stuck until an appellate court over-
turned the original ban. Another stu-
dent vote retained the name Raiders,
but racial disturbances which follow-
ed injured several students.
_ The school board, in emergency ac-
tion, changed the name to Patriots in
March, and the decision Wednesday
solidified that chioce of nicknames.
Tyrone Brooks, an SCLC spokesman
in Atlanta, called Pensacola ‘one of
the most racist cities in America’ and
claimed that local officials condoned
the cross burnings
“It’s a tragedy that this kind of
thing would go on in 1976, and the only
group I've ever known to burn crosses
is the Ku Klux Klan,” Brooks said.
A Klan spokesman denied any ad-
vance knowledge of the cross bur-
nings.
the Southern Christian Leadership
Conference asked for an FBI
investigation of the cross-burning
Wednesday in front of the civil rights
group's office in Pensacola.
“We consider this act a blatant
attempt by racists in Pensacola and
Escambia County to intimidate and
harass our chapter officials and the
black community,” SCLC president
Ralph Abernathy said in Atlanta in a
telegram sent Thursday to U.S. Atty.
Gen. Edward Levi.
Brooks said Pensacola SCLC
chapter president F.L. Henderson saw
three white men setting fire to a cross
as Henderson approached the
building. but the men fled before he
got there
CT Try
COMMIT TTETES Plaintiffs Exhibit 64
PLAINPIFFS'
COMMT T TEE MEMBUERS
Total Total Prior Prior Black
Black Members Members M=mbers
'
3 BOARD OF ADJUSTMENT wan 1 7 9 0
2 AIR CONDITIONING BOARD “It 0 5 2 0
3 ARCHITECTURAL REVIEW BOARD v 0 5 6 0
4 AUDITORIUM BOARD 3 12 o 2
5 } MOBILE BEAUTIFICATION BOARD ges 3 28 17 0
6 MOBILE BI-CENTENNIAL COMMUNITY COMMITTEE 4 3 46 0 0
7 CENTER CITY DEVELOPMENT AUTHORITY : 0 1a 0 0
8 BOARD OF EXAMINING ENGINEERS 3 0 3 0 0
9 | BOARD OF ELECTRICAL EXAMINERS ~~ 0 4 3 0 >
10 CITIZENS ADVISORY GROUP FOR THE MASS TRANSIT TECHNICAL STUDY ; 3 8 0 0
il CITIZEN ADVISORY COMMITTEE - DONALD-CONGRESS, LAWRENCE ST. & THREE MILE "ae
CREEK FREEWAY 11 X5 0 0
1~ | CODES ADVISORY COMMITTEE ** 0 17 0 0
A we Fn VY
13 | COMMISSION ON PROGRESS Ss 9 21 | 0 0
14 EDUCATIONAL BUILDING AUTHORITY, INC. 0 3 0 0
15 MOBILE AREA PUB HIGHER EDUCATION FOUNDATION INC. : 0 6 0 0
16 FINE ARTS MUSEUM OF THE SOUTH AT MOBILE 1 ol 20 1
17 FORT CONDE PLAZA DEVELOPMENT AUTHORITY 0 4 1 0
18 MOBILE HISTORIC DEVELOPMENT COMMISSION 0 52 61 0
1S INDEPENDENCE DAY CELEBRATION COMMITTEE i 14 0 0
CITY
coOMMITTTERS
PLAINTIFFS' EXHIBIT
COMMITTEE MEMBERS
Total Total Prior Prior Black
Black Members Members
20 | INDUSTRIAL DEVELOPMENT BOARD 0 15 0
21 | MALAGA DAY comMITTEE peg 0 7 0
22 | MOBILE HousiNG BoarD °° © afr 1 + 5 2
27 ) MOBILE MEDICAL CLINIC BOARD - PSYCHIATRIC gh Au 0 3 0
24 | MOBILE MEDICAL CLINIC BOARD - TRANQUILAIRE rf 0 3 0
25 | PORT CITY MEDICAL CLINIC BOARD 0 3 0
26 | MOBILE MEDICAL CLINIC BOARD - SPRINGHILL 0 3 0
27 | MEDICAL CLINIC BOARD OF THE CITY OF MOBILE 0 3 0
28 | MEDICAL CLINIC BOARD - SECOND | 0 3 0
29 | MOBILE MEDICAL CLINIC BOARD 0 3 0
30 | MOBILE LIBRARY BOARD phe 2 14 6
3] \ GREATER MOBILE MENTAL HEALTH-RETARDATION BOARD jt 0 5 0
32 | PIER AND MARINA COMMITTEE tot greet 0 3 0
33 | MOBILE PLANNING COMMISSION = ; 1 7 8
34 | POLICEMEN AND FIREFIGHTERS PENSION AND RELIEF FUND BOARD id 0 7 3
35 | MOBILE TREE COMMISSION °° : 0 4 5
36 | NEIGHBORHOOD IMPROVEMENT COUNCIL 4 29 20
37 | PLUMBERS EXAMINING BOARD :w’ 0 5 0
RECREATION ADVISORY BOARD ©“ 1 22 0 [SY
f
LI
L,
PLAINTIFFS' EXHIBIT
C1 TY
COMMITTEES COMMITTEE MEMBERS
Total Total Prior Prior Black
Black Members Members Mambers
[Ng
Nd a 0 0 39 SOUTH ALABAMA REGIONAL PLANNING COMMISSION. 1 6
ell A) 40 BOARD OF WATER & SEWER COMMISSIONERS °° > il 5 7 Dlr;
41 EMPLOYEES INSURANCE ADVISORY BOARD git 0 10 0 0
A :
42 |. MOBILE COUNTY HOSPITAL BOARD ~~ ! 9 0 0
: § #4 - " 0 2 0 0
43 FRANK S. KEELER MEMORIAL HOSPITAL
44 | ARTS HALL OF FAME COMMITTEE G4 Se 0 1 0 0
oA
7
45 PUBLIC EDUCATION BUILDING AUTHORITY f 0 5 3 0 0
46 | EDUCATIONAL BOARD ¢ ~~! 0 9 0 0 ~
yd
0
TOTALS 47 461 179 6
2 . ;
0
= J YY
SUMMARY: - 10.1% of present appointments are black. - Fry
- 8.2% of all appointments to active committees are black. 2
- 7.5% of all appointments to active and inactive committees are black.
) - If 2 committees, numbers 11 and 13,are excluded the other 44 active
committees have 6.37 black members.
~ 29 of 46 committees (63%) have no blacks.
- Only 3 of 46 committees, numbers 4, 11 and 13, have blacks as 25% or
more of their membership.
PLAINTIFFS' EXHIBIT
COM Lorn E S INACTIVE COMMITTEE MEMBERS
Total Total Prior Prior Black
Black Members Members Mambers
A | AMBULANCE ADVISORY COMMITTEE 0 5 0 0
B | ANIMAL SHELTER BOARD 0 9 0 0
C | CHILDREN'S THEATRE ADVISORY COMMISSION 0 e) 0 0
D | MAYOR'S COMMITTEE ON RECIPROCAL SWITCHING 0 6 0 0
tr J HORTLE ALRPORT PLANNING ADVISORY COMMITTEE 5 120 0 0
F | MOBILE COUNTY LAW ENFORCEMENT PLANNING AGENCY SUPERVISORY BOARD 0 2 0 0
G | MOBILE INSURANCE ADVISORY BOARD 0 12 0 0
~
! ps
2 TOTAL 5 163 0 0 bi
BOARD Or ADJUSTMENT Sacto 731, Title 37,8082 Of
«¥ Aiahama 1980
3 year term
ORIGINALS ae a Bi rnd Ji es
HR APPOINTED REAFPOINDD EXPIRES RY
Led. DorGulon dub nisin ls ny 2- 7-60 : 2- 7-75 2- 7-78 Commissioner Mims
£7 8. Catherine St, Oh, 479-2743
Jares Ho Chaillovsdr. 10-16-74 2- 7-75 2- 7-78 Commissioner Doyle
Hyp bo TE B
350% Raleton Bd. , 06, 479-5933
Dr. iB. W. 0311 iavd 9-16-69 2- 7-75 2- 7-78 Commissionsy Salley (
454-A S. Washington Av, 03, 433-3104 Comm. Greencush {reappointed
Charles 5S. Shaw, 7 fen 2- 7-72 2—- 7-75 2- 7-78 Cormissioner lie (crigiral
2016 Archer Ln, 05, 471-1603 Com. Greencigh (reappointed)
oO
Clarence A. Snowden 2-16-71 2- 7-75 2- 7-78 Cormissicrner Mims
425 Coventry way, 06, 479-1829
Vrs. Sarthe Torris 1-14-75 2—- T-75 2- 7-78 Commissioner Doyle
SUFFER! Ra Thar RY
John H. Wilkerson 2—- T-72 2- 7-75 oe 7= 75 Cormissioner Bailey
UPR AI ERARY Comm. Greencugh {reappeinted)
114 N. Carlen, 06, 473-4565
Board of Adjustment
721
Stova F. McFadden
J. ~Jeptha iill
R.W..Ogburn, Jr.
Ron Webster
A.J." Bordelon
Fdward J. Adler
Fred Wright
Clarence A. Snowden
Fred: D., Wright
Mr. “Robert B. Castle
Dr. R.We; Gilliard
Fred Wright
1971 -
1969~
1970~-
1969-=
1968~
72 replacement
72
72 replacement
n
72
71
|
|
1
! boavd nny detomiaine. Provided, that in citios hnviue populations of
{ not lees tihwn 200,000 nor wore than 300,000, the board siill weet
722
(ols Tedl
etd y) Sin 3
|
|
a |
|
|
{
Horramy decanter ol
caddy Lon
Purell, Anne , Puvthor snoudine Scetion 28%, Tithe 37, Code of
para. dball, an ownnded; presenibing cectaln qe liticatdons lor
riembowrhip of ti Loaxd of adaustmant in cities of not less toon
2C0,C00 rox moze thin 500,000 popule fo~ pccorain: te the went ro-
SEND fadaen) Cot cialuconione
hd TTIINGTIY BY MU SGISLAIURS OF (1 rae Hy
Ronnion Js Voctlon 78) x Title 37,5 Code of tanuma 1540, as i
onendicd fo Justi ousnded toread asFollemeOa. oo
UYhoction 731 1h availing itself of tne pouars conieried by i
this article, th. lerislacive body 6° nu incorporate city ov
Lznenay provide Jar the appointiont of a board of ad justiant, and |}
in the reculatio:s and restrictions cdontad pursuant to tus autior- |
ky of tuis avti.le, nay.provids thar tnoisald sonmd of adjustuont !
snall in appropriate cases ang subject to apprenriace caiiiticos
ond safecuards, 0. he special giceptions fo th: toms CE Lu: ordi
nance in harmony ie Ped general purposes cud interests and in
gecordance with ; eral oryspecificiynles ‘theroin comtalinad. The
board of adjusfme = shall consist ofiive unless, cach to be appoin
TCH Tor a tone ©
int
e
t
s
B
e
r
NOS VYelns UNERHE Whi an chai ana ing eanics Ong
ppbv shinl) BOF weatacd few a tari OF Chas oaTh, Segara |
O% CUD Voors anil 0 Lov A fovn OF ON Vo, Trorenitcr oan aonnr
LR Un a she RTE lh RR cr uatil ats succag- |
SOT in July appointee." rouidod Cant Th Gil CT ies wavint ponulan
tions of not less then 200, 000 nor wove tha 300,000 accozdine Co
{
0
2 most mecent federal dunonnial censes all wewbars of tue ovard,
1 i any alt zante vember herein provided for, shall ou buna
fide yosidents and yualified electors of such Citiss. . Provided Lur-
thew, that the wewbers OF boards of adjustuunt .evctofore eronlieu
shnll serve out tiwly rorms and tuwrsaftey Che wa.:bors of sich
boards shall be appointed in the manner prescrinad nerein for wonrds
groated: alter the cifoctive dere of this fet. In pdditiun to Lon.
five regulary emonys norelin provided for tuo swernunaravy a,
Grn Cie appointed GO Cll. Ol Suc bosid ab toc .
Bohn. only in the cha ilar ne 3 and mile so SeYVIng
have oid exercise Lhe pouar ond auehos of resular menbors. Such
SUDEINULEIaRY menbers shall be a appoints e to _sgorve Jor three yonw
germs ard shall be elipible for reappointment. Anneintel nombors
may be wemoveble Sow cause by eppointing authority upon uritten
ehyifas. ond after public hearing. Vacancies shall be filled for tne
neplred tern of any member Ubose term becomazs vacant. ae Board
nian rdopi rules in accordemce with the provisions of avy crdinaace
adopted pursuant £9 this article. heetioss of Che board shall ba
lredd a the call of the chairman and at such other Cises au Loco
O b
a
d
- ord
SL
‘ Q
—
i
—
—
eer 00% oo
regularly once a month, on a day deotonnined by tne board. Such
chatzron, or in hig sbaenes tae acting chgdlirwrn, way acinister
oaths ond counel the attendance of witnesses. AL neetines of tae
boazd shall be opon to the publics Phe bo: ard shinll) keep winutes
ite proceudinns, shoving tha vote of coch nenber upon auch Sig i
or, if achseut or falling £0 wie, indlcatine such fact, amdahinll
keep recomds of its exavinacions and of other official actions. ie
of uiich shall fumcdlately Le £1)ed in Che office of the Leard md
shall be on publie® record. 2Anpoals to the board of ad jus iaent nny Li 2
{ Seen by Any poraen annrieved ox by may oliicer, departeont, ned
{ © lazeau of the sualeipality affocted by ony deckulon oi rue KH
t Lateatliyn officons Lev epsenkooinll ibe tnben Gitlin a zeasonnbile b Pe : : 3 : : ;
j Sime, an provided iy tiv sales 68 cho bond hy £4 3dnp tive the
y
b.. SA BR Ca EY BA ALE a ~~ - A HIRT SB. Soh fet AS WE mn 1h TGS OB Wo Aen Spas 4 mma ni a ewe vw ——e
723
; -
i { . FAY) Pp . 4
~~ - on 7 a 8 10 nt 21 moet + Sons Ce WY Le hh ea a —— ————————_— eo —-
Pidieer fren vow ie appeal is toler and vdth “the board of ad juste
|i a notice OL appl Bpgeilyin the ceounds theroeuls. Tue oificex
‘
I) BRON 4 evr MTeie Shope: otal pan) Pree rpie lees dle bo. Phekinong
all papers constitiizing tha record upon wadcen the action apnealed
ia Lokion. &n appriil staynssall procged nes La furtucrence uf the
action appealed Lyon, wiless the uvificeer row vou. the apnal is
taken cowtificd to ihe board ol adjusti.mt alter the ts of «ppeal
shicll have vren fil with hin that LY reason of focts stated Lita
cumsificate a stay ould in lds opinion couse duaiinent poril to ids
10 pronarty. Such vrezcouines saalline: bz stayed etihuruwise Sanntivy
& restrainine onder which way be pranted vy the board of gu justwent |
or by a court of r- cord on application on notice to tiie officer Frou
aon the appeal 1s taken and on due cause sheun. The boara of adjust
nat 5inll FIX a rv oiscaavle tlie for the scaring of the anpeal, jive
pitic notice trer. (f, as well as due rtico to the parties in intcr-
¢si, and decide th: sew? within o reascnable tiie. Upon tae braving
[IY Carty my aplenty in person or by asont or by attorney. Tha boned
of adjustment shali nave the follouing pouoers:. To hear and decide
C
ppacis vhowe it 42 allogedithere is-error in-any orders voguiva.ent,
decision or detemination made by an aduinistrative viiicial in tae
cniorceenent ox this article or of eny ordinance adopted pursucant
thereto. To hear nid decide special exceptions to tie towiis of the
terms of the ordincace tpon viren such woavd is required to mass une
der such ordinance. Teo authorize upon appeal in specilic cases such
variance [roi the berms of the ordinance as will not Lz coukrary to
the public inteveost, uvuere, culng to srecial cawditions, a litiral
enforccouent of tht provisions of the ordinance will rasult in urncees;
Sas savy hoxdship, ané so that the spirit of the ordinance shall be ob- LE
scoved and substomiial justice done. In cxorxcisirs the above mon-
Lenod poers suck boavd may in conforalty with tha provisions of
aveiele roverse or-akfirm, wholly or partly, or ray nodify the
requis oman, decision or determination appealzd fvow and may
such ‘oder, requirement, decision, or determination as ought Be
rie, und, bo that end shall have all the poveys of the office From
vivsm th2 appeal is teken. The concurrina vote of 4 ncinbers of tie
bozrd shall be necessary to reverse any order, requirement, decision
or dctenaination of any sucn administrative oificial, or to decide in
fovor of tne anplicant on any ratter upon waicih it is re:juired to
pass under any such ordinance, ox to cifcct any variation in sucn or-
dinance. Tac Loard of adjustriont shall not bu reguired to raturn tag
original papers acted upon by it, but it shall be sufficient! to zo~
turn certified or sworn copies tizreoxr or of such portions Shtreot
as may be called on vy such vurit. Tac return chall conciscly se
fortn such other facts as ray ove pertinent and materisl to shew i
grounds of the decision appealed from and shall be verified.
Section 2. This Act shall become cwricctive iumediately upon its
passage ond i anproval - ‘by tie Governor, or upon its otherulse recoming
a lav.
hy of...
vee ry 1 AAR :
Spor ns of the House of Representative PR SEY SP
> 00 Ad) Lad
Vo 5 Lh Lo gy
President and AR GESteor of the SounteNIG 27? 1979
LT RE TE 7; 4 of 7) J 1 .
louse of Representatives
Aucust 17, 1965 Sumtary of Sia
I hereby certify that the within Act orirsinated in and was passed ly
the liouse July 13, 1965.
. sh) : Raisins
are 25 a. tWi7 ly John We Per berton
P flrs, ; Cnr hE ia Clack
[J fi sr ry 1 y J 77:7 pw gf 3)
/ nN 1 1 - IN | ! 2 5 ; EE
2 ATR CO:DITIONING BOARD Resoluticn 03 - 743 of
EL B48
han : : 2 year term ]
TT RNY TT SLT ET TTTTEN Th, "RECOMENDED
MENVEERS APPOINTED REAPPOINTED °° FYPIRES® BY
Secrge P. Eamlin, Jr. 9- 1-71 0- 1-75 9- 1-78 Mechanical Engineers
-
+ Dam enw oo
wos Ola Sh=211 R4.
Mcbile, 36607 471-3518
Richayd Safin 5-21-74 Om: 1-75 Refrigeration Society
23£3 Howell Avenue
obile, 35606 478-4164 :
Cortis Loass o- 1-71 11- 6-73 O- 1-76 Public-at-large op
3805 Markham Drive : : KN
Nobile, 30609 3UuU-2793
Jorn Megginson, Jr. : o- 1-71 11- 6-73 9- 1-76 MACC, Assn.
R0Z Bay Shore Avernie
Mobile, 36607 479-0651
Janes E. Hastie 0- 1-71 10-29-74 . 9 1-77 MMCA, Inc. - Mobi’e Mech-
P. 0. Box 7006 anical Contracters Assn
Motile, 36607 473-8712
Kermit Dixen 10-7-75 O~ 1-78 Refrigeration Service
302 Boner Pl., 09, 342-0398 - Engineers Society
-
AIR CONDITIONING BOARD Resolution 03-743 of
8-24-71
3-year terms
: ORIGINALLY PRESENT TERM RECOMMENDED
MEMBERS APPOINTED REAPPOINTED EXPIRES BY
Jas -
xX. H, Hastie 9-1-71 8-31-74 MMCA, Inc.
P. 0. Box 7006 : Mobile Mechar
Mobile 36607 2&6 W132 14. Contractors
John Megginson, Jr. 9-1-71 11-6-73 9-1-76 MACC, Assn.
502 Bay Shore Avenue NT
Mobile 36607 416 = Cleth
Curtis L. Hass (remgaed €-1-74) 9-1-71 11-g-73s Gul=76 Public-at-
3505 Markham Drive large
Mobile 36609
Richard Safin 5-21-74 9-11-75 Refrigeration
2363 Howell Avenue _. - Society
Mobile 36606 HT 1H |
George P, Hamlin, Jr. i o; Ow]l=71 Qml-72 8-31-75 Mechanical
50- N. Jackson Street (4c5 C'd shell Rd. : Engineers
Mobile 36602. 30 4 Ti 3518
COMMITTEES
BOARDS
AUTHORITIES
726
MEMBERS
TERMS
Alr Conditioning
Board
Mr. Kirmif Dixon
Mr. George P. Hamlin, Jz.
David E. Register
Mr. James H. liastie
Mr. Curtis Li. Hass
Mr. John Megginson, JX.,
Mr. Richard Safin
1975-78
1972-175
1974-77
”" 76
1973-76
1974-75 replacement
727
109 - AIR CONDITIONING BOARD ee
SE. : /? 2 (92
- An Ai: conditioning Board is\hereby es blished to:
a. Issue registration certificates.
re rr i+ ch tenon 1
b. Revoke or suspend registration certilicates.
+ € Act upon appcals from decisions of the Inspector.
d. Perform other duties as may be hereinafter provided.
° mee i Te CT ere ———— TT
109.2 An applicant for a registration certificate shall be granted, upon
request, a heating b efore the Board in case an soplicaeion for a Certificate
of registration is rejected.
109.3 Decisions of the Board shall be final, unless appeal is made to the City
Commission within ten (10) days thercafter.
109.4 The Board shall meet at least once every month; it shall maintain
written records and shall act on applications and appeals promptly.
ito 3H CONDITIONING ROARD MEMBERS
110.1 The Board shall be couposed of five (5) members, appointed by the City
neil
Commission. The Board shall consist of the following members:
\ ie REET
(») Onc (1) air conditioning-refrigeration mechanic,
One (1) business principal of a registered air conditioning and
heatine fivm that is primarily enraged in installing heatinn
ard 2lr Cor litionie hed, Yn. 7 spr palpi ar idan,
5. 728
(©) One (1) business principal of a registered air conditioning and
/ ‘heating firm that is primarily engaged in installing heating and
air conditioning systems in. residences.
d.) One (1) independent practicing mechanical engineer, a registered
engincer in the State of Alabama. |
Q One (1) representative of the public.
110.2 The first appointments to the Board shall be as folios:
a a
Two (2) members shall be appointed for a term of one Wm year;
a ad
Es
two (2) for two (2) years; and one (1) for three (3) years.
Sr
110.3 The term of Board Member shall be three (3) years.
ne A
110.4 The Mechanic, as provided in 110.1 (a) appointed to the Board shall be DD amna
a
—~—
> AB
at woe
be ————.
from a slate of three (3) nominees submitted by ‘the Mobile Chapter of Refrig-
— ee rr:
grotion Service Engineers Society. The one..(1)_business.principal appointed
a —
oe
to the Board, .as provided in 110.1 ®) Thal) be a er from
SS MR
EE —
a Slate of three 3) nominees submitted by be: Mobile Mechanical Contractors
AMS TS ——— re
a OTE ag
BTR tine + At eRe I Wa i VD
Rabat fy The one 1) business principal appointed to the Board, as provided
- eames
“ro a
ER i fad
re
in 310.1 (c)_shall be from a slate of three (3). nominees _submitted by the Mobile
a
Sl ;
Air Conditioning Contractors Association.
owt Vt aie PA ES dat Aa iP Ad = and
AIR CONDITIONING BOARD Resolution 03-743 of-
8-24-71
ORIGINALLY PRESENT TERM RECOMMENDED
MEMBERS APPOINTED REAPPOINTED EXPIRES BY:
J. H. Hastie 9-1-71 8-31-74 MMCA, Inc.
P. O.iBox 7006
Mobile 36607
John Megginson, J r. 9-1-71 8-31-73 MACC, Bh:
502 Bay Shore Avenue
Mobile 36607
Refrigeratio'e
Curtis IL. Hass 9-1-71 8-31-73 REX XH EXAXKR
3505 Markham Drive . Society
Mobile 36609
Public: at
David E. Register 9-11-71 8-31-72 RREZR
120 Macy Place Large
Mobile 36604
George P. Hamlin, Jr. 9-1-71 8-31-72 Mechanical
50 N. Jackson Street Engineer
Mobile 36602
730
108.3 When a registration certificate has been suspended three (3) tines,
subsequent action becauie of any of the reasons listed under this section which
the: Board finds sufficient to result in suspension, shall include revoc~tion of
such certificate.
108.4" No.certificate shall be revoked until a hearing has been held by the
Board, at which hearing the registrant may appear in person and be represented
by Counsel.
a
108.5 A certificate of registration may be suspended for a prescribed period
not to exceed six (6) months, and the notice of suspension may require the corp-
oration, firm or person, whose registration is suspended to dotrect work im-
properly installed or to correct any other conditions resulting in suspension,
before such registration is reinstated. After a corporation, firm or person has
had the certificate of registration suspended three (3) times, resulting in a
revocation of the sertificats under Section 108.3, the provisions of Section
105.1 (a) through (d) must be conplisd with, including a satisfactory performance
of the written examination before the ceytificate of registration may be reissued.
109 - AIR CONDITIONING BOARD : oN. (G7
- An Air conditioning Board is\ hereby established to:
a. Issue registration certificates.
b. Revoke or suspend #egistration certificates.
+ €. Act upon appeals from decisions of the Inspector.
d. Perform other duties as may be hereinafter provided.
109.2 An applicant for a registration certificate shall be granted, upon
request, a hearing b efore the Board in case an application for a certificate
of registration is rejected. :
109.3 Decisions of the Board shall be final, unless appeal is made to the City
Commission within ten (10) days thereafter.
109.4 The Board shall meet at least once every month; it shall maintain
written records and shall act on applications and appeals promptly.
i10 Some CONDITIONING BOARD MEMBERS Rid
110.1 ; The Board shall be composed. of five (5) members, appointed by the City
Commission. The Board shall consist of the following members:
One (1) air conditioning-refrigeration mechanic.
b. One (1) business principal of a registered air conditioning and
heating firm that is primarily engaged in installing hcating
and air conditioning systems in commercial buildings.
731
: c. One (1) business principal of a registered air conditioning and
2 ‘heating firm that is primarily engaged in installing heating and
air conditioning systems in. residences.
d. One (1) independent practicing mechanical engineer, a registered
engineer in the State of Alabama.
e. One (1) representative of the public.
: 110.2 The first appointments to the Board shall be as follows:
: Two (2) members shall be appointed for a term of ne (1) year;
two (2) for two (2) years; and one (1) for three (3) years.
110.3 The term of Board Member shall be three (3) years.
110.4 “The Meghenicl e provided in 110.1 (a) appointed to the Board shall be
from a slate of three (3) nominees submitted by the Mobile Chapter of Refrig-
eration Service Engineers Society. The one (1) basinese principal appointed
to the Board, .as provided in 110.1 (b) shall be a commercial contractor from :
a slate of three (3) nominees submitted by the Mobile Mechanical Contractors
Association. The one (1) business principal appointed to the Board, as provided
in 310.1 (c) shall be from a slate of three (3). nominees submitted by the Mobile
Air Conditioning Contractors Association. :
111 - UNAUTHORIZED USE OF SIGN OR TITLE PRCHIBITED
111.1 No person, firm or corporation shall display any sign or use any title
or designation such as "Registered", which would indicate that such person, firm
| or corporation has been registered by the City of Mobile, and no person, firm or
corporation in the City of Mobile shall display any sign, or use any title or
| " destgnebten, indicating that such person, firm or corporation is engaged in
the business of installing any work which, in the City of Mobile, may under the
provisions of this Code, be installed only wy registered installers, unless such
person, firm or corporation has been registered under the applicable provisions
of this Code, and such certificate of registration has not lapsed or been revoked.
112 - PERMITS
112.1 - A permit shetl be required for every new installation or alteration of
an old system, except where the valuation does not excced $100. If an inspection
| is necessary, there shall be a $5 fee. An alteration shall be any change involv-
ing an extension or addition to the system, a change in the arrangement, type or
purpose of the original installation, a change in the size of the equipment
utilized, or relocaticn of any existing cquipment.
ARCHITECTURAL REVIEW BOARD
Ordinancz 87-036 of
nda TE A 3-20-62
gi Satire in A i Je Lh Mapper ys : 3 a or) t tr corinne War ta ; en 5 year term
x RTT TT PRESENT GER - - TEGOMMENDED
ME'BERS = 2 APPOINTED oo REAPPOINTED a BY. =
Charles F. Bischoff 5~ 175 5~ 1-80 A,I.A. - Mobile Chapter
1170-A Beltline Hwy., Q9 P
344-3230
Earie D. Getchell Siam - i 5- 1-71 : 5- 6-75 7 “pr, oF 5= 1-76 H.M.P.S. Historic Mobile
18 Midtown Pk. W. : Preservation Soclety
Mobile, 36606 : £
478-3325 | "
zs SR, alle
Elizabeth Gould 5- 1-72 5 1-76 Eo /% 5 A Sr Py
5555 William & Mary St.
Mobile, 36608
342-0430
i
a o 2 ~r A
Nicholas H. Holmes, Jr. 5-29-73 4-30-77 ATA S20. Lrufh Hen
257 N. Concepticn St. :
Mobile, 36602
432-8871
Bruce Knodel 5- 1-74 ; 5- 1-79
Architects-Group
First Federal Tower
P. 0. Box 16547
Mobile, 36616
476-0664
Architectural Review
Board
Mr.
133
Charles P. McClesk.
William F. Letson
Mr.
Mr.
Mr.
Mr.
Mr.
Charles P. McCleskey
Eugene H. Gray
Robert Hunter
Nicholas H. Holmes, "Jr.
Edward Faddos
1974-80
1970-175
1969-74
1968-73
1967-72
1966-71
1965-70
MECRDIDALCE oO TING lL :
JENT CClailSSilu oo bool nS Ln LoD ard
OILERS TLLRECTF, S3TL2LISHLILG CORTAIL HIZToRIC MOBILE
“ey pore AN AR uD s VIEW
DISTRICTS, AND CREATING all ARCHITICTURAL RE
BOARD FOR SUCH DISTRICTS, AND PRESCRIBING THE DUTIES
AND PO'/ERS TIHERIOL.
87-036 oh 1962 gloat]
activities of the Historic Commission for the previous quarter and
tro proposed activitics for the coming cuarter, Provided, however,
that nothing harain shall be construed to grant to the Historic Cem-
mission any powers, duties, or authority wiiich is now or may here-
after be granted to the iiobile City Planning Commission or to the
Architectural Rcview Board, hereafter establiched, or to any other
Board, Commission, cr agency of the City of liobile., Provided further,
however, that nothing hcrein centained shall ve construed to authorize
the Historic Commission to obligate the City cf Mobile to expend any
of its funds without prior approval of tha Board of Commissioners ox
the City of Mobile, .
ol 2
SECTION TUO: ARCHITECTURAL REVIEW DoaRD [Af ¥q n-03 9, [1
. 4
dl. Creation of Board. There is hereby created an Architectural Re-
view Board, hereinafter for abbreviation referred to as the "Board",
to be composed of five members, all of whom shall be citizens of the
"City of Mobile, The members shall be appointed by the Board of Com-
missioners as follows: one from a list of two persons recormended by
the Ristoric liobile Preservation Society; one from a list of two per-
sons xeconmended by the Historic liobile Develorment Commission; and
three from a list of six qualified and registered architects vho are
members of the American Institute of Architects, recommenced by the
Mobile Association of Architects, The terms of the five members first
appointed shall be one, two, three, four and five years respectively:
thereafter, each of the members shall be appointed for a term of five
occurs, the vacancy shall be filled in the same manner in which the
original appointment was made. Members shall continue to hold office
until their successors have been appointed and qualified, Members
shall continun to hodl office until their successors have been appoint-
ed and qualified, iiembers shall serve without compensation,
Whenever the term of a member expires or a vacancy othervise
2. Organization, The Board shall elect from among its members a Chair-
man and such other officers as it may determine. The terms of officqrs
shall be one year, with eligibility for re-election, and officers shall
serve until thelr successors are selected and qualified. The Board
shall adopt rules for the transaction of “business and shall Keep a
its resolutions, transactions, findings and determinizataons,
which record shall Be a public record. lieetings shall be held at rcgu-
lar intervals, But at least morrthiYy,— The Board may appoint such ewmrioy-
ees as it may deem necessary for its wo¥YR, Whose appointment, prcmotior
demotion, and remcval Shall be subject to the same provisions of lau
as govern other civil employees of the City of liobile. The Board nay
also _gontract with architects and other consultants for such service
as it may require, The exhHenditures of the Board, exclusive of gifts, ¢
shall be within the amounts app=opriated for the purpose by the Boerd
of Ccomissioners, which shall provide the funds, equipment and accommo-
dations necessary for the Board's work.
Duties. The Board shall have as its purrose the preservation and
protection of buildings of histeric and architectural value in the
Historic Mobile Districts and the maintenance of tha distinctive char
acter of those Districts, To this end, it shall be the duty of the
Board to pass upon plens for buildings lccated or to be located with-
in one of the Historic liobile Districts.
AUDITORIUM BOARD
Created by Ordinanc. 99-155 of 10/34/62 ~
Amended by 02-070 of 5/13/69 s
Amended by 02-074 of 6/2/70
3-year terms
J 2054 Dauphin Street
epile 36602 473-8604
ORLGINALLY PRESENT TERM RECOMMENDED
MEMBERS APPOINTED REAPPOINTED EXPIRES : BY
marles Badsole (Avis Rent-A-Car)
1062 Matterhorn St., 08, 342-2230 11-18-75 11-15-78
william E. Ladner t : 5-21-68 11-15-74 11-15-77 Mims
P.O. Box, 1668 23) Rey Bier) L.06
Mobile 36601 479-7115
Joseph H. Baker, Jr. 11-15-68 11-15-74 11-15-77 ~ Doyle
P. O. Drawer 1467 uct/Tic bf
Mobile 36601 344-3716 fewilewa
Robert Brazier, III _ 10-2-69 11-15-74 11-15-77 Bailey 5
P..O. Box 1507 ali ZO Patrol LB 0
Mobile 36601 432-0886
Thanas J. Gengo (Rastern Airlines) 11-18-75 11-15-78
1263 Baylor Dr., 18, 342-4882
Mrs. W. L.. Russell 10-3-72 11-15-73 11-15-76 Mims
314 Mobile Street
Mobile 36607
John H. Castle fle Yey 11-15-70 11-15-73 11-15-76 Doyle
4108 Woodhill Drive ' 4. hued “nee
Mobile 36€08 342-4706
. Taylor Eodge 11-15-70 11-15-73 11-15-76
822 Wellington Street
Mobile 36617 478-9175
Dr. W. A. Ritchie 11-15-66 11-15-75 11-15-78
AUDITOR UM BOARD CONTINUED
~ ORIGINALLY . : PRESENT TERMS RECOMMENDED
AREA ‘APPOINTED . REAPPOINTED EXPIRE : BY
“rs. Shepard (Amelle) Jerome 11-15-72 11-18-75 ; 11-15-78 Mins
£552 Jeponica lane .
Xzoile 09 €66-28569
~l
w
(o))
in ni y
em S Te BrlE add. : 0 11.15-74 : 11-15-77
IST SoH thewy Federal Bldg.,
ey RB, le SEEOD. 432-4671 or 438-3504
Zfonand 0. Rowan (AB : 11-18-75 11-15-78
Se Vondssat Th 03. WI-MN101
737
COMMITTEES
‘BOMRDS
AUTHORITIES MEMBERS TERMS
Auditoribn Board Commander A.B. Meriwether 1971-74
J Robert FF. BrazierIIl " "
JosephH. Baker, Jr. » pd
William E. Ladner n "
Mr. W.V. McRaney, Sr. 1970-73
Mr. Jam@s H. "Coil, Jr. n "
Mr. Taylor Hodge Baan"
Mr. John H. Castle " "
Dr. W.A. Ritchie 1969-72
Mr. -E.B. Peebles ” ”
Mr. Bernard A. Fogarty BN
Mr, Gary Cooper ” "
Mr. Booker S. Pinkney 1969-70
738
02-074 1970
I
AN ORDINANCE TO AMEND ARTICLE VII, AS AMENDED, ENTITLED
MUNICIPAL AUDITORIUM BOARD AND CONTAINED IN THE MOBILE |
CITY CODE, S1965, RELATING TO THE CREATION, COMPOSITION,
APPOINTMENT AND TERMS OF MEMBERS, FILLING OF VANCANCIES,
COMPENSATION OF MEMBERS, AND THE POWERS AND DUTIES OF THO
AUDITORIUM BOARD.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE, :
ALABAMA, that Article VII, as amended, of the Mobile City Code 1965 is
hereby amended so that the same shall read as follows: |
ARTICLE VII MUNICIPAL AUDITORIUM BOARD ¢
Sec. 2-49. Created
A board, to be known as the municipal auditorium board, is hereby
created. |
Sec. 2-50. Composition; Appointment and Terms of Members; Filling of
Vacancies.
ce t————————
appointed by the Board of Commissioners. The term of £f such |
Board shall be for three years, except as hereinafter set forth in this
Tl ee
section. "N
The M Auditorium Board shall consist of twelve members |
The terms of the members of the Municipal Auditorium Board shall
be divided into three classes and be appointed each year to serve for a
threé-year term. The nine members presently serving on the Mobile Muni-
cipal Auditorium Board shall continue to serve as members of said Board
for the term to which they had been heretofore appointed. The three
additional members of said Mobile Municipal Auditorium Board, created by
this amendment, shall be appointed by the Board of Commissioners to serve
terms commencing immediately upon their appointment and ending on the
following dates: one to end November 15, 1970; one to end November 15,
1971; and one to end November 15, 1972. All appointees shall serve the
full term for which they are appointed unless removed by the Board of
Commissioners for cause.
In the event of vacancies caused by death, illness, resignation,
or for other cause deemed sufficient by the Board of Commissioners, appoint-
: ments shall be made by the Board of Commissioners to £ill the unexpired
term of such member of such Board.
Sec, 2-51. Compensation of members.
Members of the municipal auditorium board shall serve without
compensation.
139
‘Sot. 2-52. Powers and .aties.
l. The Board of City Commissioners shall’establish the over all
general policy for the guidance of the Municipal Auditorium Board and
its operation of the Municipal Auditorium Complex. The Municipal Audi.
| { torium Board, under the General policy of operation as pre-determined
by the Board of City Commissioners, shall have the power and authority
to manage the affairs and policies of the Mobile Municipal Auditorium
| 7 :
| compl eX
oh
:
740
Robot 0.30176 2
99-155 All ORDIIANCE CREATING THI 1962
MOBILE LUNICIPAL aAUDITORIUL
BOARD, PRESCRIBIV'G THE POW-
ERS AND AUTE/RITY OF SAID
BOARD, TZ TXRNS OF OFFICE
OF THE lNEIIBERS OF SAID '
BOARD, ND TH DUTIES OF THE
IMENBERS OF THE S.ID BOARD.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE -CITY OF MOBILE, that a Board, to be known as "the llobile
Municipal Auditorium Board" be and the same is hereby created,
consisting of nine members appointed by the Board of Commissioners
of the City of ihiobile, the term of each member of said Board to be
for three years, except as hereinafter set forth.
The terms of the members of the iliobile Municipal Auditorium
Board shall be divided into three classes for the initially
appointed members of said Board, one-third of the members of
said Board to serve for terms of one year each, one-third to
serve for terms of two years each, and one-third to serve for
——
AS
terms of three years each, after which appointees shall each
serve a full term of three years, unless removed by the Board of
Commissioners of the City of ilobile for cause. In the event of
vacancies caused by death, illness, or resignation or for other
cause deemed sufficient by the Board of Commissioners of the
City of iiobile, appointment shall bz made by the Board of
Commissioners of the City of Mobile to £ill the unexpired term
of such member of the Board.
The Mobile Municipal Auditorium Board shall have the
power and authority to advise the Board of Commissioners of the
City of Mobile on the management, affairs and business trans-
actions of the iiobile liunicipal Auditorium, Theater, and
appurtenant facilities, including the arena and all appurtenant
property; to advise the Board of Commissioners of the City of
Mobile concerning the staffing of the Mobile liunicipal Auditorium,
Theater, Arena and appurtenant facilities and the types of events
which should be held therein or in conncction wherewith, including,
but not limited to, advising the Board of Commissioners of the
City of Mobile on the policies to be adopted concerning the leasing of
|
741
the facilities for community events, public sports events,
conventions, exhibits, and recrcational activity, and the rentals
|
to be charged therefor.
1 Members of the liobile liunicipal Auditorium Board shall
serve without compensation.
ADOPTED Oct. 30 1962
742
x AN ORDINANCE TO AMEND SECTION 2-50 i9 |
OF THE MOBILE CITY CODE, 1965, RE- ° a
02-070 LATING TO THE COMPOSITION, APPOINT- 03)
MENT AND TERMS OF MEMBERS, AND THE
FILLING OF VACANGIES ON THE AUD] (9¢
TORIUM BOARD. 8042, ?
WHEREAS, it is the desire of the Board of Commissioners
that the Auditorium Board be increased in size in order to pro-
vide for a broader base of citizen participation in the operation
of the Municipal Auditorium complex; and
: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMIS-
SIONERS OF THE CITY OF MOBILE, ALABAMA, that Section 2-50 of
the Mobile City Code, 1965, is hereby amended so that the
same shall read as follows:
Section 2-50. Composition; Appointment and
Terms of Members; Filling of Vacancies. The
Municipal Auditorium Board shall consist of twelve
members appointed by the Board of Commissioners.
The term of each member of such Board shall be for
three years, except as hereinafter set forth in this
section.
The terms of the members of .the Municipal Audi- |
torium Board shall be divided into three classes and
be appointed each year to serve for a three year term.
The nine members presently serving on the Mobile Muni-
cipal Auditorium Board shall continue to serve as
members of said Board for the term to which they had
- been heretofore appointed. The three additional members
of said Mobile Municipal Auditorium Board, created by
this amendment, shall be appointed by the Board of
Commissioners to serve terms commencing immediately
upon their appointment and ending on the following
dates; one to end November 15, 1970," one to end
November 15, 1971, and one to end November 15, 1972.
A11 appointees shall serve the full term for which
they are appointed unless removed by the Board of
743
Commissioners for cause.
In the event of vatancies caused by death,
{11ness, resignation or for other cause deemed
sufficient by the Board of Commissioners, appoint-
ments shall be made by the Board of Commissioners to
fill the unexpired term of such member of such Board.
: Adopted: MAY 1 2 1969
CR. Ban 2 Bite.
City Clerk
M3BiLa BEAUTIFICATION BOARD
Sent] copii of Leldere of Aepoint ments € Resolutions: Joe Locke ¢ 0.C. Locket :
APPOINTED PRESENT TERM
MEMBERS ORIGINALLY REAPPOINTED EXPIRES RECOMMENDED BY
Mr. Nicholas C. Panayioton
221 Lleyn Avenue 11-1-72 11-1-75 111-78
Mobile 36508 471-5371
M-s. Ralph G. Holberg, III
835 Nassau Drive 11-1-71 11-1-75 11-1-78 Executive Comm., Mobile
Mobile 36608 344-0877 Beautification Board
Mr. Max McGill 11-1-71 11-11-75 11-1-78
4307014 Shell Rd. Executive Comm., Mobile
Mobile 36608 476-1200 Beautification Board
Mrs. Grace M. Davis 11-172 11..1-78
3903 S. Ashley Dr.
Mobile 36608 342-5416 vv
L
Mrs. S. B. (Jewel) Adams
P. O. Box 8524 1l-1-72 11-11-78
Mobile 36608 342-6771 :
Nr. E. A. Wiggins 11-1-71 11-11-75 11-1-78
3919 Moffatt RA. Executive Comm., Mobile
Mobile 36618 342-0518 Beautification Board
Mrs. Hollis J. Wiseman 11-1-71 11-1-75 11-1-78 Executive Comm., Mobile
2554 N. Delwood Dr. Beautification Board
Mobile 36606 473-6485
Mrs. Warren Webster 1l.1.72 11-178
2011 S. McVay Drive
Mobile 36605 471-6195
Mrs. Prank G. Bunkley 11-1-72 331-7
£63 Williams Ct.
Mobile 36606 473-1912
Betly V. Sawyer 11-1-74 11-1-77 Greenough
£213 ‘alzoln br 7 - o Ka ANd dd [J
£559 661-6385 He TE
daw wu diT (a
)
- Roe
Minile 32E50 661-6385
MOBILE BEAUTIFICATION BOARD continued (page 2)
APPOINTED
MEMBERS ORIGINALLY REAPPOINTED
PRESENT TERM
EXPIRES RECOMMENDED BY
Mrs. Earnestine Scott 1-28-69
1028 Cherry Street
Mobile :36610 452-4436
Dr. James F. Caldwell 11-1-69
USA, 307 Gaillard Drive
Mobile 36608 949-7180
Mrs. David Freeman, Jr. 1-28-59
3921 Pembrocke Avenue :
Mobile, Ala. 36608 342-7950
Mrs..:R. We Gilliard 11-1-69
2423 N. Creek Circle Dr.
Mobile 36617 473-6035
Mrs. Phoebe K. Hodge 11-1-70
701 Davis Avenue
Mobile 36603 438-1659
Mrs. J. C. McAtee 1-22-74
1004 W. Chalet Drive
Mobile 36608 44-0877
Mr. J. A. Paterson 11-11-69
Box 6035
Mobile 36606 473-4415
Mrs. Geri Moulton 12-4-73
1816 Dauphin St.
Mobile 36606 342-3610
Mrs. Frank Mixson 12-4-73
4451 Suzanne Circle
Mobile 36608 344-7616
Carl Schmitt 11-1-70
2900 Demetropolis Rd.
Mobile 36609 661-0785
11-1-74
12-4-73
12-4.73
12-4-73
12-4-73
12-4-73
12-4-73
11-1-77
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
11-1-76
11.176
Executive Comm., Mobile
Beautification Board
Executive Comm., Mobile
Beautification Board
Executive Comm., Mobile
Beautification Board
Executive Comm., Mobile
Beautification Board
CY
L
Executive Comm., Mobile
Beautif’ cation Board
Executive Comm., Mobile
Beautification Board
Mobile Beautification Board (page 3) Ordinance No. 64 - 150 of 10/29/63,
Amended by No. 64 - 154 of 11/23/71
3 year term
" ORIGINALLY Ly Sr PRESENT TERM. © = ReCOMMENDED
PDSERS APPOINTED REAPPOINTED PRP IRES BY
Jules Bell 7-28-70 11- 1-74 11- 1-77 Exec. Comm.
P. 0..Box 2328, 02,
457-8911
] Wilmer Bullock 11- 1-69 11- 1-74 Co 11- 1-77 Exec. Comm.
350 85. Joseph, .02
€26-1629 -
George H. Gorman 11- 1-69 11-11-74 11- 1-77 Exec. Comm.
2601 Eldorado Dr, 05
478-4411 2
Ms. Donald Henry 11- 1-69 11- 1-74 11- 1-77 Exec. Comm. by
5904 Reams Dr., N. 08 : %
342-3337
Ms. Sam Lieberman 11- 1-74 11- 1-77 Exec. Comm.
3325-340 Clapsecir—St—o4 302 MCDonald Av.
Al nd 416-2317
~ 0. C. Lockett, Chairman 14-22-69 11- 1-74 11- 1-77 Exec. Comm.
Pe 0.50% Of, OJ i
432-1701
George Ramsey 1-28-69 11- 1-74 11- 1-77 Exec. Comm.
2057 gimon Cr., 06 :
478-7483
Willis P. Rogers 1-28-69 11- 1-T4 11- 1-77 Exec. Comm.
1101 lccarmo Dr., 08
342.0355
747
lCOMMITTEES
BOARDS
AUTHORITIES MEMBERS TE RMS
Mobile Beautification Mrs. Horace G. Mullen, Sr. 1970-70
Board Mr. Frank 1. Barlow 1969-70
Mr. Robert Bateman » n
Mrs. Wilner Bullock n ”
Mrs. Walter Burch, Jr. ” n
Dr. James Caldwell is "
Mrs. David Freeman, Jr. . ” ”
Mrs. R:W-.-"Gilliard " »
| Mr. George H. Gorman n "
Mrs. Barron Gray ro"
Mr. Jack Hammett " n
Mrs. Donald Henry Jr eih,
Mrs. Phoeve K. Hodge n."
Mr. Fred Holder padi.
Mrs. L.D. King nan
Mr. O.C. LOCkett ” "
Mr. J.A. Patterson "on
Mrs. ii’. Taylor Peck Hen
Mr. George F. Ramsey nn."
Mrs. Charles F. Ratcliffe Wo
Mr. Willis P. Rogers nr
Mr, J.R. Rutland, Jr, " Ne
Mrs. Ernestine Scott nm
Mrs. Cecil Shaffer ve...
Mr. Manning Spottswood nn"
Mrs. Walker B. Stewart id "
Mz... Roy. Thigpen we
| MY. Chifles Trainor : No
‘MY, John Victor ho»
748 Cloth: st 29, 1968
% AN ORDINANCE CREATING A MOBILE
BEAUTIFICATION BOARD AND PROVIDING
FOR THE TERMS OF ITS MLMBLRS
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF MOBILE, ALABAMA, as follows:
SECTION ONE: Created; powers and duties generally.
There is hereby crcated the Mobile Beautification Board.
Such board shall act in an advisory capacity to the Board of
Commissioners of the City of Mobile in regard to the matters
set out in this section. The board shall not have: the right
10 sue or be sued or to have or to hold property, and all
money or property accruing to it shall be vested in and be the
money or property of the city.
The beautification board shall study, investigate, develop
and propose plans for improving the health, sanitation, safety
and cleanliness of the city for beautifying the streets, high-
ways, alleys, lots, yards and other similar places. The board
shall recommend such plans as it deems proper to the agencies
of the city for the beautification of the city and otherwise
promote public interest in the general improvement of the
appearance of the city.
SECTION TWO: Membership; qualifications of members;
: term of office of members; vacancies in
office.
The beautification board shall consist of any number of
members as from time to time are appointed by resolution of
the Board of Commissioners; provided, that such membership
shall be not less than fifteen or more than twenty-five
pasons. Each member shall be a resident of the city. Each Ay
member shall be appointed for a term of one ycar to begin as
of November first of the year in which appointed. Vacancies
may be filled at any time, but the term of any person appointed
" to a vacancy shall extend only until the following November
first. Vacancies in office may be filled at any regular meeting
of the board.
749
SECTION FOU..: Officers.
——
A chairman, vice-chairman and secretary shall be elected
by the members of the beautification board at the first -
regular or special meeting at which a quorum is present after.
November first each year for a term of office to terminate on.
‘November first of the following year.
750
GY, Sl
YY AN ORDINANCE TO AMEND ORDINANCE NO. 64-150 .§ o
pS ADOPTED OCTOBER 29, 1968, AND ENJITLED “AN LL
ORDINANCE CREATING A MOBILE BEAUTIFICATION Vi
BOARD AND PROVIDING FOR THE TERMS OF ITS
MEMBERS".
WHEREAS, it is the desire of the Board of Commissioners
of the City of Mobile to alter the membership of the Beautifi-
cation Board to consist of not less than twenty-five (25) nor
more than €ifty (50) persons; and,
WHEREAS, it is the desire of the Board of Commissioners
of the City of Mobile to change the membership qualification
requirements to include also those persons who have a place
of business in Mobile or who own property in Mobile, or who
work in the City of Mobile; and
WHEREAS, it is the desire of the Board of Commissioners
of the City of Mobile to increase the position of Vice-Chairman
of the Beautification Board from One (1) to two (2) Vice-Chairmen.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF MOBILE, ALABAMA, that Section Two entitled, "Member-
ship; qualifications of members; terms of office of members;
vacancies in office", and Section Four entitled "Officers", said
Sections being contained in Ordinance No. 64-150, shall hereafter |
read as follows:
SECTION TWO: Membership; qualifications of members;
term of office of members; vacancies in
office.
The Beautification Board shall consist of any number of
members as from time to time are appointed by resolution of the
Board of Commissioners, provided, that such membership shall
be not less than twenty-five (25) nor more than fifty (50)
persons. Each member shall be a resident of the City of Mobile,
or have a place of business in Mobile, or own property in Mobile,
or work in the City of Mobile. Each member shall be appointed
for a term of one year to begin as of November first of the year
in which appointed. Vacancies may be filled at any time, but the
term of any person appointed to a vacancy shall extend only until
the following November first. Vacancies in office may be filled
at any reqular meeting of the Board.
751
SECTION FOUR: Officers
A chairman, two (2) vice-chairmen and secretary shall
be elected by the members of the Beautification Board at the
first regular or special meeting at which a quorum is present
after November first each year for a term of office to terminate
on November first of the following vear.
Adopted: DFC 2 1958
7 BT
Risliaeid) Allain,
City Clerk
BI-CENTENNIAL COMMUNITY COMMITTEE y WV
Ordinance 65-165 - 8/14, ..
Pleasure of the Board of ——-
Commissioners
ORIGINALLY
MEMBERS APPOINTED REAPPOINTED
PRESENT TERM
EXPIRES RECOMMENDED BY
Mr. Charles Shaw 8-14-73
2016 Archer Lane
Mobile 36605
476-2250
Mrs. Sidney Van Antwerp 8-14-73
1703 Hunter Avenue
Mobile 36604
473-1512
Mrs. Virginia Finnegan 3-12-74
4157 Holly Springs Drive
Mobile 36609
Mr. Jimmy Morris 8-14-73
5656 Renn Street
Mobile 36618
433-6951 -
Mr. Lamar Stapleton 8-14-73
1051 Zurich
Mobile 36608
471-5479
Mr. Roy Gates 8-14-73
5900 St. Gallen
Mobile, 36608
479-9578
Mrs. A. E. Williams 8-14-73
2150 Barlow St.
Mobile 36617
478-7092
Mr. Dan Wiley 826-75
5950 Sherandozh Rd., S.
36603, Fh. 342-6334
Mims
Mims
Mims
Mims
Mims
Mims
Mims
S
L
BI-CENTENNIAL COMMUNITY COMMITTEE Continued
; PRESENT TERM
MEMBERS ORIGINALLY APPOINTED REAPPOINTED EXPIRES RECOMMENDED BY
Mr. Tom Chism : 8-14-73 Mims
2312 Hillwood Drive
Mobile 36605
476-3316
Mr. Joe Strange 8-14-73 Mims
4151 Lake Circle Drive
Mobile 36609
661-5795
Mr. Connie Rettig . 8-14-73 } | Bailey
P. O. Box 5341
Mobile 356301.
£S
L
Mr. Carl Jones 8-14-73 Bailey
2164 Venetia Road :
Mobile 36605
438-1711
Mr. Bill Armistead 8-14-73 Bailey
751 Government Street
Mobile 36602
432-8791
Mr. Spencer Frost, III 8-14-73 , | Bailey
4318 Marquette
Mobile 36608
471-5426
Mr. Henrl Aldridge 3-12-74 ‘Bailey
259 Island Ct.
Mobile 36508
Bishop W. M. Smith 8-14-73 Bailey
3753 Springhill Avenue
Mcbile 36608
344-7769
BI-CENTSNNIAL COMMUNITY COMMITTEE Continued
ORIGINALLY PRESENT TERM
MEMBERS APPOINTED REAPPOINTED EXPIRES ~ RECOMMENDED BY
Mrs. Beverly Cope 312-74
3713 N. Claridge Road Bi-Centennial Community
Mobile 36608 Committee
Mr. Maurice Castle 8-14-73 Bailey
154 W. Conway Drive
Mobile 36608
433-1551
Mr. Wayne Martin 8-14-73 Bailey
4175 Highpoint Drive
Mobile 36613
478-6345 1
ul
Mr. James W. Edwards 8-14-73 Bailey >
4251 Jordan Lane
Mobile, Ala. 36608
471-6161
Mrs. Mary Agnes March 8-14-73
2529 River Forest Drive
Mobile 36605
471-1319
Mr. Max Goodman 8-14-73
2117 Knollwood Drive
Mobile 36609
432-5501
Mr. Max W. Morgan 8-14-73
416 Glenwood Street
Mobile 36606
479-3166
Mr. C. H. (Doc) Murray 8-14-73
957 Springhill Avenue
Mobile 36604
Doyle
Doyle
Doyle
Doyle
BI-CENTENNIAL COMMUNITY COMMITTEE Continued
Ld
PRESENT TERM
EXPIRES
ORIGINALLY
APPOINTED REAPPOINTED MEMBERS RECOMMENDED BY
Mrs. Edie Wetta (wm) 8-14-73
288 Wingfield Drive
Mobile 36607
478-9703
Me Andrew—Diemond——3=to=71 (ks ignes
3754 Oakwood Lane
Mobile 36608
2-14
Mr. W. O. 8111) Mozingo
553 Magnolia Road
Mobile 36606
479-7160
8-14-73
Mr. Charles Dowdle 8-14-73
5354 E. Dogwood Court
Mobile 36609
Mr. Other Lockett 8-14-73
155 Mohawk Street
Mobile 36606
432-1701
Mr. H. Leroy Davis 8-14-73
3765 Sheips Lane
Mobile 36608 »
433-2671
Col. Paul A. Whelan 8-17-74
Asst. to Pres. of Academls Affairs
Spring Hill College
4307 014 -Shall RA.
Mobile, 36608 460-2011
Leonora "Nonie" Morgan 8-17-T4
Rt. 1, Box 155M
Mobile, 36805
Doyle
Doyle
Doyle
Doyle
LP
L
Doyle
Doyle
Greenough
Greenough
TG, Cah OW EO RR . \
—
MGUERE a Ji
NEVZERS APPOINTED
RECOMMEND
BY
Cmdr. Hal Pierce
U. S. Navy Reserve
Rt. 5, Box 78-G
Mobile, 36608 471-2571
Mr. Robert B. Smith
Russell Terry Insurance Agency
P..0. Box S405
Mobile, 36608 479-9906
Cornelia Turner
304 Goverrment St.
Mobile, 36602 433-1551
RH. .C.wGeron
Youth Market Manager
Coca-Cola Bottling Company
P. O. B0x.0407
Mobile, 36601 432-3561
Mrs. Michael Hoffman
1063 Augusta St.
Mobile, 36604 438-5795
Caldwell Delaney
Museum Director
P. O. Box 1827
Mobile, 36601 438-7468
Ms. Eva Golson
4110 Lake Circle N.
Mcbile, Al. 36609 661-2712
Ns. rranklParker
3804 Mordecai In, 08, 344-3644
9-17-74
9-17-74
9-17-T4
9-17-74
9-17-74
9-17-74
11- 5-74
Greenough
Greenough
Greenough
Greenough
Greenough
Greenough
Greenough
QS
L
MOBILE BI-CENTENNIAL COMMUNITY COMMITTEE (continued)
—— ER TTT TTT ERT eR. RECO ENDED
MERERS APPOINTED “ii REAPPOINTED "+. EXPIRES BY
Dr. Henry Hurd Pope 12-31-74 Mobile Co. School Sys.
Mobile County School Camissioners Staff
P. O. Box 1327, 36601, 438-6011
John Marston T=15-75
Post Office Box 6151, 36606
Mrs. Barbara Cox 7-22-75
5510 Nassau St., 08, 344-2433
~J
John R. Welcham 85-75 a 2
1861 01d Shell Rd., 07, 487-1762 pe .
Mr. Norman Cox, Electronics Technician First Class
5510 Nassau Drive, 08, 344-2433 0=30-=75
Mrs. Carolyn ¥. Scoggin 10-14<75
Twentieth Century College
352 Goverrment St., 02, 438-9837
Ms. Emily V. Sawyer 11-4-75
5513 Malcolm Dr., 09, 661-6385
Sgt. John W. Bogle, Jr. 12-16-75
Public Relations Officer
Dept. of Safety - State of Ala.
4215 Gov. Blvd., 09, 661-4993
sete By 1 Ph 107s §
AN ORDINANCE CREATING THE CITY OF MOBILE BI~CENTENNIAL COMMUNITY COMMITTEE, |
PRESCRIBING THE PURPOSES AND DUTIES THEREOrF, AND THE COMPOSITION AND TERMS
OF OFFICES OF THE COMMITTEE.
BE 1T ORDAINED 3Y THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE, ALABAMA,
as follows:
SECTION 1. There is hereby created and established an advisory board of
thirty (30) members to be known as the "Bi-Centennial Community Committee,
rE
the members of which shall be appointed by resolution of the Board of
Commissioners of the City of Mobile.
SECTICN 2. Members of said Board shall serve without compensation. Said
Board shall consist of a total of thirty members, ten (10) members to be
appointed by each of the three Commissioners of the City of Mobile. The term
RE
of office of all members shall be effective immediately and they shall serve
LR ———
at the pleasure of the Board of Commissioners, and all vacancie
NS
s shall be
filled by the Board of Commissioners.
SECTION 3. The members of the City of Mobile Bi-Centennial Community Committee |
shall immediately after their appointment, meet and organize and elect a chairman |
from its membership. Said Board shall thereafter meet as decided upon by the
Board. Said Board shall have the power and authority to advise the Board of
Commissioners of the City of Mobile on the planning, programming, promulgation,
promotion, financing and funding, execution, and encouragement of a Bi-Centennial
Celebration for 1976, culminating in the designation of Mobile as the Bicentennial
City for the State of Alabama.
adopted: AUG 141973
City Clerk
759
AN ORDINANCE CREATING THE CITY OF Mobile BI-CENTENNIAL
COMMUNITY COMMITTEE, PRESCRIBING THE PURPOSES AND DUTIES
THEREOF, AND THE CTOMPOSITION AND TERMS OF OFFICES OF THE
COMMITTEE.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
MOBIL, ALABAMA, as follows:
| SECTION 1. There is hereby created and established an advisory board
of thirty (30) members to be known as the "Bi-Centennial Community @mmmxk
—
Committee, the members of which shall be appointed by resolution of the
| Board of Commissioners of the City of Mobile.
Section 2. Members of said Board shall serve without compensation.
| a total of
Sajd Board shall consist of/thirty members, kexkRexgReserxkR¥ ten (10).
OT ———————————
members to be appointed by each of the three Commissioners of the City
of Molkile. The term of office of all members shall be effective
immediately and they shall serve at the pleasure of the Board of
Board of
Commissioners, and all vacancies shall be filled by the/Commissioners.
SECTION 3. The members of the City of Mobile Bi-Centennial Community
Committee shall immediately after their appointment, meet and organize
and elect a chairman from its membership. Said Board shall thereafter
meet as decided upon by the Board. Said Board shall have the power and
authority to advise the Board of Commissioners of the City of Mobile on
the planning, programming, promulgation, promotion, financing and funding,
execution, and encouragement of a Bi-Centennial Celebration for 1976,
culminating in the designation of Mobile as the Bicentennial City for
the state of Alabama.
760
0 divance
jp:
eA
The Commission authori the City Clerk to place an Ordinance on Tuesday's
agenda establishing the City of Mobile Bi-Centennial Community Committee,
prescribing the purposes and duties thercof, and the composition and terms
of offices of tne committee. The City Clerk was instructed, when the
ordinance has been adopted and appointments to the Committee approved, to
write those aprointed to the Committee, enclosing a copy of the ordinance
for their puxzxaXx review, and advising of terms of office. Also, at the
time the letter is written, a date is to be set for the first meeting of
the Committee, and arrangements made for Mr. Bowich, Executive Director of
. the State Program, to go over the program with the members.
™N,
™
\ \,
)
¢
{
Se.
: 761 T
65- | coiemo Nl ry 1973
AN ORDINANCE CREATING THE CITY OF MOBILE BT-CENTENNIAL “COMMITTEE, PRESCRIBING THE PURPOSES
AND DUTIES THEREOF, AND THE COMPOSITION AND TERMS OF OFFICES OF THE COMMITTEE.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE, ALABAMA, as follows:
SECTION 1. There is hereby created and established an advisory board of thirty (30)
Coramonl vy
members to be known :s the "Bi-Centennial Committee", the members of which shall be
appointed by resolution of the Board of Commissioners of the City of Mobile.
SECTICN 2. Members of said board shall be bona fide resident citizens of the City of
Mobile. Said board shall be constituted as follows: a total of thirty (30) members,
———————
ten (10) members to be appointed by each of the three Commissioners of the City of
re ——— er emig— ; and shall
Mobile. The term of office of all members shall be effective inmed {ately anti} July 4,
serve at the Pleasure of the Board of Commissioners
1976, nd all vacancies shall be filled by the Board of Commissioners of the City of
Mobile. Members of said board shall serve without compensation. _
Co RYN
SECTION 3. The members of the City of Mobile Bi-Centennial’ Committee shall immediately
+-
after their appointment, meet and organize and elect a chairman from its own membership.
Said board shall thereafter meet as decided upon by the board. Said board shall have
the power and authority to advise the Board of Commissioners of the City of Mobile on the
planning, programming, promulgation, promotion, financing and funding, sdnintstration,
execution, and encouragement of a Bi- I A for 197%, +morder—that—the—
beneftts—ta every MebiTian of the duty #5 T976-manifestoof—freedomwillbe-brought—te—
par—cttizens—attention, and to prepare for the 200th anniversary of the original signing
of the Declaration of Independence, in July 1976.
Adopted:
City Clerk
>
CENTER CITY DEVELOPMENT AUTHORITY | Ordinance No. 02-027, March 25, 1975
ETT TTT TET TT ETD
OISINR APPOINTED sSREAPPOINTTD +0 EXPIRES BY
Rabert B. Doyle, Jr. Chairman dm 1-75
City of Mobile
Lambert C. Mims 4- 1-75
City of Mobile
Gary A. Greenough h- 1-75
ity of Mobile
~
James VanAntwerp, Jr. Vice-Chairman 4- 1-75 W
Pres. Downtovn Mobile Unlimited
BE. O.'5cx 97, "0, 432-1701
Mr. ¥en L. lott « U- 1-75 4Y- 1-78
106 St. Francis St., 02, 438-1711
Mr. Don Henry U- 1-75 Y- 1-77
5604 N. Reams Drive, 08, 342-3337
Mr, H. G8. Covi} 4- 1-75 4- 1-76
P. 0. Bx. 2265, 01, 433-2534
763
ld A 5,177
£2 1 29 | real
£5 fed
2D 1875
AN ORDINANCE TO AMEND ORDINANCE NO. 02-027
| ADOPTED MARCH 25, 1975, AND ENTITLED, "AN
| ORDIN NCE ESTABLISHING THE CENTCR CITY
DEVELOPMENT AUTHORITY, PROVIDING FOR THE
APPOINTMENT OF MEMBERS THEREOF, AND ESTAB-
LISHING ITS POWERS AND DUTIES."
4
he
Sponsored by:
a. IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF MOBILE, ALABAMA, that Subsection D, of Section 3, of
| Ordinance No. 02-027 adopted March 25, 1975, and entitled,
| "An ordinance Establishing The Center City Development
Authority, Providing for the Appointment of Members Thereof,
and Establishing-Its Powers and Duties", be and the same hereby
764 :
(het A ish 2S, 19%
AN-ORDINANCE ESTABLISHING THE CENTEX 1 91 5 |
gi id TTY DEVETOPMENT AUTHORITY, PROVIDING
02-027 FOR THE APPOINTVENT OF NEVBERS THEREGF, |
AND ESTABLISHING ITS POWERS AND DUTIES
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE, ALABAMA,
as follows:
SECTION 1: It 1s hereby found and determined that the revitalization and continued
economic well being of the downtown central business district and older adjacent
areas of Mobile extending approximately three (3) miles in each direction are among
the most important assets of the City; that the rapid social and economic develop-
ment of contemporary society continues to threaten to destroy many important vestiges
of these areas; and that there is a continuing need to protect, enhance, perpetuate,
and rebuild these areas to insure this area's continued growth and progress in the
Interest of the over-all prosperity, civic pride and general welfare of the people
of Mobile. This 1s especially important in view of the large investments the City
Government has made and continues to make in the downtown and adjacent areas.
Therefore, there is hereby established an authority to be known as the "Center City
Development SutrortooY,
SECTION 2: The Authority shall consist of seven (7) members, three (3) of said
—
members to be the duly elected Commissioners of the City of Mobile, one (1) of
——
sald members to be the duly elected President of Downtown Mobile Unlimited (or his
designated representative), and the remaining three (3) members to be appointed by
the Board of Commissioners of the Ci eneral downtown business _
areas. The initial of office of those three (3) members appointed shall be
three (3) years, two (2) years, and one (1) year, ard thereafter each such member
shall be appointed for a term of three (3) years.
The current Mayor will act as Chairman, and the President of Downtown Mobile
Unlimited will act as Vice-Chairman.
The Authority shall meet at least every two (2) months and may call as many
-
other meetings as it may decide are needed.
SECTION 3: In general the Authority shall have the following powers, duties
responsibilities: A
A A. The Authority shall work in the area of planning and development of projects)
primarily for the downtown area, and the old adjacent Mobile areas extending West
approximately to the Loop and Florida Street, South to the Brookley areas, North
to Trinity Gardens and East on the Causeway, and will coordinate with projects
sponsored by other City Boards. In pursuit of these purposes and with the advice
ard assistance of an Advisory Committee, the Authority shall have the following
duties:
BOARD OF ELECTRICAL EXAMINERS : Section 103.1 - City Code
Snr
EER UE RARE nl SUR ax
MEVEERS CS APPOINFD REAPPOINTED» ~~ EXPIRES BY
iil resigned | 3-26-57 | 3-19-71 3-19-75 Natl. Electrical Contractors
Ed I — Assn.
Io-naveo—hic.
He Jo 4 Fes 36605 H3B=H6T
120 J. Cain 2-29-72 3- 1-74 3- 1-78 International Brotherhood ~
1365 W. Riviera Dr. of Electrical Workers )
Mobile, 36605 432-2624
.
~J
Arthur D. Dunn 3-28-68 3-28.72 3-28-76 Electrical Contractors Assn
3018 Pierpoint Dr.
Mobile, 36606 433-4951
John D. West 9-18-74 3- 1-77 Alabama, Power Company
324 Thornton Place
Mobile, 36609 342-6853
M. A. Kiper, Jr. 2m L475 2 L475 3= 1-79
v1lson Electic Co., Inc.
32 Tacon St., 07, 1479-9431
Board of Electrical
Examiners
Mr.
Mr.
Mr.
Mr.
Mr.
MZ.
766
J.G. Pride
Leo J. Cain
Arthur D. «Dunn
Robert B. McKinney
Leo J. Cain
H.R. Bryars
1973-77
1974-78
1972-76
1970-74
1972-74
1971-75
767
Section 103 — Qualifications of
Electricians pz zz 2 2
103. 1—Creation of Board of Cxamincrs
There is hereby created a board to be
known as the “Board of Iixaminers” which
shall be composed of the Electrical Of- .
ficial and four duly qualified and compe-
tent electricians to be appointed by the
| Board of Commissioners of the City of
| Mobile. The Board of Commissioners of
the City of Mobile may appoint the board
members from nominees to be submitted
“by thel:B..E. W. No. 505, The N..E. C. A,
| The Electrical Contractors Association of
Mobile, and the Alabama Power Company.
| In addition to the Electrical Official one
| member of the Board shall be from the
membership of the I. B. E. W. No. 505,
one member of the Board from the mem- .
bership of the N. E. C. A., one member of
the Board from the Electrical Contractors
Association and one member from the
nominees submitted by the Alabama Pow-
er Company. The members first appointed
shall serve for terms of one, two, three
and four years, respectively, fronr the date
of their appointment. The successor of
| each such member shall be appointed for
a term of four vears, hut any person ap-
| pointed to mm a vacancy shall be appointed
to serve only for the unexpired term. Mem-
bers shall be eligible for reappointment.
1 vam
11
CITIZENS ADVISORY GROUP for the MASS TRANSIT TECHNIC®E, STUDY
4 year term
Ww #/0%
C/0 Zogby Downtown Shopping Center
312 Dauphin St, 02, 438-4716
T "ORIGINA'TY "PRESENT TERM RECOMMENSED
Y=TEERS APPOINTED REAPPOINTED EXPIRES BY
Mrs. Dorothy S. Bivens 2/12/15 2/12/79 Coc tnnica
1853 N. De Soto Dr., 05, 471-5831 >
Mr. Milton L. Briskman 2/12/75 2/12/79 srec iene,
= Azalea Rd, Apt. Q-4, 09, 342-5731 ~
Ms. Barbara Colle 2/12/75 2/12/79 Greercun a
P. O. Box 11487, Chickasaw, 36611
~J
Mr. Walne Dorald 2/12/75 2/12/79 rool o
350 W. Ridgelawn Dr., 08, 342-9454
Mr. William A. Evans 2/12/75 2/12/79 Mims
357 Lexington Av, 03, 433-1355
Mr. Other Lockett 2/12/75 2/12/79 Grier rus
C/O Downtown Mobile Unlimited >
P. O. Box 97, 01, 432-1701
Mrs. Leola C. Williams 2/12/75 2/12/79 Mims
2150 Barlow St, 17
a Gloria A. Zoghby 2/12/75 2/12/79 MMs
74
td
769
13./39%
SOUTH ALABAMA
REGIONAL PLANNING COMMISSION
INTERNATIONAL TRADE chnren TOL. 433-6841 RICHARD D. PRUITT
280 N. WATER STREET AREA CODE 208 EXECUTIVE DIRECTOR
r
n
—
“
r
* NORMAN J. WALTON, crataman
J. D. SELLARS, GENERAL VICE-CHAIRMAN
4. C. DAVIS, JR., PROJECT REVIEW VICI -CHA RAMAN
W. M. MCGOUGH, secrerany
OBED A. MONK, TREABSURLR
MAILING ADORESS
P. ©. BOX 1608
MOBILE, ALABAMA 306000
January 20, 1975
Hon. Gary A. Greenough Ls ‘molly EI
Mayor .
City of Mobile Approved OJ Denied
P. 0. Box 1827 0 Arp
Mobile, Alabama 36601 1 A i i
Dear Mayor Greenough:
Re: Mobile Area Transportation Study - Citizens Participation
Attached is a letter I received from Mr. John L. Skinner, Jr.,
Chief, Bureau of Urban Planning, State Highway Department, pertain-
.ing to Citizens Participation in the planning process. In short, he
implies that unless we demonstrate that citizens are actively in-
volved in the MATS planning program, it is probable that the trans-
portation planning process for the Mobile Area may be de-certified.
Needless to say this could have an adverse impact on the area. In
this connection, the area would not be eligible for Federal grants
for the design, engineering and construction of roads included in
the Federal-aid urban system, nor would the area be eligible for
grants for Traffic Operations to Improve Capacity and Safety (TOPICS).
Perhaps you may recall that I mentioned the importance of form-
ing a Citizens Adwisory group charged with the responsibility of
monitoring the MATS program and making recommendations pertaining to
the plan as well as the process. In view of Mr. Skinner's letter, it
is imperative that we effect the appointment of such Committee and
have it operative before our certification expires on March 3lst.
I also mentioned that the appointments to the Citizens Advisory Com-
mittee by the City in January, 1973, which consisted of appointing
department heads employed by the City, would not meet federal guides
especially as they apply to the Title VI of the Civil Rights Act.
In an attempt to meet Title VI requirements, it is therefore re-
spectfully requested that the-City make the following appointments
“to the MATS Citizen Advisory Committee:
\ eee ee eee ea A ———————.
; Four (4) Males - two (2) non-minority and /
1 two (2) minority 3
Four (4) Females - two (2) non-minority and =
; two (2) minority 3 hr
|
7790
or Greenouyn
,nuary 20, 1975
age 2
As regards these appointments, it would be appropriate to appoint
a person who is representative of the historic interests of the City.
preferably one who exhibits an objective attitude and has the ability
to address the issues in a rational manner.
tel {4 Vv
Tp iene appointments should not be confused with the appolnthents
('y requested the Ci for thecCitizens Advisory Group _for t
(Mass Transit Technical Stud The MATS Citizens Advisory Committee is
expected to continue to function as long as the Mobile Area has the
responsibility for continuing the transportation planning process.
I respectfully urge you to bring this matter to the attention of a
1] dd the other two Commissioners and secure the appointments as soon as
' possible.
NH Hpi ml
| Sincerely,
de 3 Ane
- Y : . 2 n ~ ri : la :
Don Pruit ge NL #70 ot el fi ait Bel
Executive Director j Elli fl ltt
= ( ; s i
(
1 DP/bgc
Enclosure
RES. 03-610 of 6-4-T4 CTT. ~~ [ISORY COMMITTEE —- DONALD~CONGRESS, LAWRENCE ST».
Amended 02-077 of 8-5-75 & THREE MILE CREEK FREEWAY
> wn \
SE TT hmmm EE PRhoENT RR, To . RECOVMENDTD
VEEERS APPOINTED, * REAPPOINTED = *° * "EXPIRES * i IY
Ir. 3. D. Bishop, Pres,
S. D. Bishop Jr. College
351 N. Broad St., 36603, 433-7476 8-5-75 8-5-76 Mims
Mes. Dorothy S. Bivens Fo My 5-6-75 5-6-T76 Greenough
1853 N. DeSoto Dr., 36605, 471-5831
Mr. Bob Brazier 8-5-75 §-5-76 Greenough
WYRG-TV, 162 St. Louls St., 02
432-5301
Mr. H. Leroy Davis 5=7-T4 5-6-75 56-76 Greenough ~
3765 Sheips Ln, 08, 433-2671 : -
Mr. Michael Figures, Attarney 8-5-75 8-5-76 Greenough
1407 Davis Av., 03, 433-1691
Mrs... HW. Finch 5-7-T4 5-6=75 5-6=76 Mims
360 McDonald Av., 04, 457-6671
‘Rev. James H. Finley, Pastor 8-5=75 8-5-T6 Mims
St.; John A..0. H. Church of God
1620 W. Main St., 36610, 456-6727
M.-. Taylor H. Hodge 5-T-T4 5-6-75 5-6-76 Greenough
2113 Lake Dr., 17, 438-1659
ir. Milton Jones, Architect 8-5-75 8-5-T6 Doyle
1616 St. Stephens Rd., 03, 432-5035
Mr. John L. LeFlore 5-T-T4 5-6-75 5-6-76 Greenough
1504 Cnatague St., 03, 433-7927
Mr. Frark D. Nichols 8-5-75 8-5-76 Doyle
1st Natl. Bank of Moblle
Toulmi ville Pranch, 31 N. Royal St., 02
478-3304
CITIZEN. ~UVISORY COMMITTEE — DONALD-CONGRESS, LAWRENCE STS. RES. 03-610 of 6-4-74
& THREE MILE CREEK FREEWAY Amended 02-077 of 8-5-75
1 year tem PAGE 2 : LL la amy
9 TT ET ETT TE ENED
M=YBERS
: APPOINTED SH Dan REAPPOINTED Saas vin EXPIRES 3 pak BY
Mr. William A. Phelps 5-T7-T4 5-6-=T5 5-6-76 Doyle
4060 Stein Av., 08, 342-5961
Mr. Lynn R. Warren : 8-5-75 og 8-5-76 Doyle
American Red Cross
P. 0.:Pox 1764, 01, 438-2571
Mrs. Leola C. Williams 5-7-T4 5-6=75 5-6-76 Mims
2150 Barlow St., 17, 478-7092
Mr. Leonard C. Wyatt 8-5-75 8-5-76 Mims
Little Realty Co.
1469 Davis Av., 03, 432-1719
ZL
L
Mr. Earl Joyner Public Works Eng.
City of Mobile's Coordinator
773
0 2 = 7 AN ORDINANCE FURTHER AMENDING ORDINANCE No. M1 O17 5
| a0 02-045, ADOPTED MAY 7, 1974, AND ENTITLED "AN
ORDINANCE CREATING THE CORRIDOR STUDY COMMITTEE
FOR THE DQNALD-CONGRESS STREET EXPRESSWAY IN THE
CITY OF MOBILE, PRESCRIBING THE PURPOSES AND
DUTIES THEREOF, AND THE COMPOSITION AND TERMS
| OF DUTIES OF THE COMMITTEE".
| oN
Sponsored by:
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF MOBILE, ALABAMA, that Ordinance No. 02-045, adopted
May 7, 1974, be, and the same hereby is amended, so that
the title of the ordinance shall henceforth read and be
known as "An Ordinance Creating the Citizens Advisory
Committee for the Donald-Congress Street Expressway,
Lawrence Street Extension and Three Mile Creek Freeway".
Adopted: AUG 0 1975
Det.al. Dt Bu
City Clerk
: 774
AL=~B30 18%.
AN ORDINANCE TO AMEND ORDINANCE MO. 02-g4-
ADOPTED MAY 7, 1974, AND ENTITLED "AN Oppyyssc
CREATING THE CORRIDOR STUDY COMMITTEE Fon ype
DOR STREET VYPRESGL:
THEREOF, AND TIIE COMPOSITION AND TERMS OF oOpprjcrs
OF THE COMMITTEE. het
Sponsored by
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF MOBILE, ALABAMA, that Section 1, and Paragraph 1 of
Section 5, of Ordinance No. 02-045 adopted May 7, 1974, be
and the same hereby are amended to read as follows:
SECTION 1: There is hereby created und established a corridor
study committeecof fifteen (15) members to be known as the "Corridor
Study Committee for the Donald-Congress Street Expressway, Three
Mile Creek Throughway and Lawrence Street Expressway in the City
of Mobile", the members of which shall be appointed by resolution
of the Board of Commissioners of the City of Mobile.
SECTION 5: The Committee shall have the power and authority
to advise the Board of Commissioners of the City of Mobile of the
recommended location of the corridor for the Donald-Congress Street
Expressway, Three Mile Creek Throughway and Lawrence Street Expressway
and eventually the specific route of said expressways; to advise :
how the expressways would effect schools, churches, trees, shopping
' centers, neighborhood boundaries, fire stations, etc.
adopted: JUN 41974
Prete
City Clecr
7725
02-015
; CRDINANCE CREATING THE CORRIDOR STUDY COMMITTEE FOR THE DONA,
CRESS STREET EXPRESSWAY IN THE CITY OF MOBILE, PRESCRIBING Ti
, CrUOSES AND DUTIES THEREOF, AND THE COMPOSITION AND TERMS OF OFFICES
THE COMMITTEE.
pg IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE,
ALABAMA, as follows:
SECTION 1: There is hereby created and established a corridor study
committee of fifteen (15) members to be known as the "Corridor Study
committee for the Donald-Congress Street Expressway in the City of
Mobile", the members of which shall be appointed by resolution of the
Board of Commissioners of the City of Mobile.
SECTION 2: Members of said committee shal. be bona fide resident
citizens of the City of Mobile. Said comm ttee shall be constituted
as follows: a total of fifteen (15) membe 's, five (5) members to be
appointed by each of the three Commissione 's of the City of Mokile.
The members of the Board shall include rep ‘esentatives of business,
industry, labor, educational institutions, religion, cultural and
minority groups, and other interested citi ens to provide to the
fullest extent possible the £61lowing sour ‘es of public involvement:
1. Neighborhood Boundaries
a. Individually defined by bound ries either artifical
or realistic
2. Commercial
a. Shopping Centers
b. Individual commercial units
3. Industrial
a. Major complex
be. Minor facility
4. Historic
a. Buildings
b., Trces
5. Religious Institutions
a. Churches
b. Schools
10.
11.
12.
13.
776
Government Services (Federal, State, County, Local)
a. Health centers
b. Fire Stations |
c. Libraries
a. Airports
e. Civil Defense
Archaeological
a. Monuments
b. Fossil remains
c. Artifacts
Educational
a. Colleges
b. ..Schools
Natural Resources
a. Timber lands
b. Water sheds
c. Mineral deposits
Cemeteries
‘a. Public
b. Private (church affiliated)
Public Recreation and Open Spaces
a. Scenic areas
bs. Parks
c. Playgrounds |
d. Golf sources
e. Stadiums
Public Utilities
a. Natural gas
b. Electric
Cc. Telephone
d. Telegraph
e. Sanitation |
Public Housing |
777
14. Military Establishments
15. Cultural Sites
a. Art museums
b. Libraries
16. Racial Minorities
17. Special Commissions
18. Environmental Groups
19. Others
SECTION 3: The term of office of all memb: rs shall be one (l) year,
and all vacancies shall be filled by the Bard of Commissi ners of
the City of Mobile, and the appointment of any person to £:1T a
vacancy shall be for the remainder of the erm of the person whose
vacancy is being filled. Members of said oard shall serv: without
compensation.
SECTION 4: The members of the Corridor St dy Committee shall
immediately after their appointment, meet 1nd organize and select a
chairman from its own membership. Said Co mittee shall thcreafter
meet as decided upon by the committee.
SECTION 5: The Committee shall have the p wer and authori‘y to
advise the Board of Commissioners of the C ty of Mobile of the
recommended location of the corridor for t e Donald-Congre.s Street
Expressway and eventually the specific rou e of said expre sway;
to advise how the expressway would effect .chools, churche:, trees,
shopping centers, neighborhood boundaries, fire stations, :tc.
| The main objective for the committee :nd for the publ c involve-
ment is to try to achicve the best possibl : plan which wou d be in
agreement with cveryonc in obtaining the mst suitable project with
the greatest long-range advantage for the ieighborhood, an! for the
whole City.
778
The committee will be provided with detailed information, plans,
drawings, maps, etc. The community would be made aware of any
hearings or meetings to be held, through the advertisement media.
SECTION 6: The Committee shall have no authority to act or to obligate
the City of Mobile or any official or agen: thereof in any matters
whatsoever.
SECTION 7: Each and every provision of this ordinance is ereby
declared to be an independent provision ani the holding of any
provision hereof to be void and invalid shill not affect any other
provision hereof, and it is hereby declare! that the other pxovisions
of this ordinance would have been enacted ‘egardless of any provision
which might have been held invalid.
.
Adopted: MAY / 1974
Wecta CB rig,
City Clerk
COD=S ADVISORY COIITTE=E
0)
#7 74f ~
rdinance 99 - 150 of 8-20-63
Amended 99 - 079 of 8-10-65
3 year term
VE'EERS
Cava
APPOINTED
a, {Bhs ORS SAO, 4 vy PY
PRESET TERM
ge 2 ee —
Farry M: Smith, Jr.
745 Dozier Pl.
Vobile, 36606 478-9772
Norman H. Walton, Jr.
Troras Bealle, Jr.
1170-A Beltline Hwy.
Mobile, 36617 344-3230
asco R. Geer, Jr.
257 h. Conception St.
lMobile, 36603 432-8871
Jeres P. Balthrop
1002 Woodside Dr. E.
Mobile, 36608 344-1836
Carl H. Jones
1302 Delta St.
Mobile, 36605 471-3365
Thomas K. Peavy
Public Works Director
City of Mobile 438-7494
James S. Phillips
505 Bay Shore Av.
Mobile, 36607 471-1405
C. M. KFazen, Jr.
1812 Vista Bonita Dr., E.
_Jobile, Al. 36609, 661-7251
~ 6427 Willow Brook Run East, 09
517-71
rly yy
o- 1-67
8-31-33
10-15-74
9-28-71
OuS71:
3- 3-64
2- 4-75
11-25-75
11-25-75
Ani 6-73
11- 6-73
10-15-74
10-15-74
Ow 1-74
9- 1-76
9- 1-76
Gee 177
9- 1-77
9- 1-77
O= 1-77
9- 1-78
H B A Hare Builders Assn.
6L
L
Greenough
N E C A Natl. Electrical
Contractors Assn.
)
MACCA (Mobile Air Conditicnt
Contractor Assn., Inc.) .
CODES ADVISORY COMMITTEE Ordinance 99-150 of
August 20, 1963 amended by
90-079, of August 10, 1965
3 vear terms
ORIGINALLY PRESENT TERM RECOMMENDED
MEMBERS Se a APPOINTED REAPPOINTED EXPIRES : BY.
Ben M. Radcliff (Chairman) 8-31-63 9-1-69 9=1-72
1704 Beltline i
James S. Phillips 3-3-64 9-1-71 9-1-74
505 Bay Shore Ave. 36607 Replaced James Scott
Carl H. Jones OmOB8=71 :
1802 Delta St. Replaced Wm. S. Barrow Gel-74 <3
oo
Marl M. Cummings 9-1-65 9-28-71 9-1-74 2
P. O. Drawer 6527 - 36604
Thomas K. Peavy : 9-28-71 9-1-74
City Engineer ;
Thomas Bealle, Jr. 9-1-67 9-29-70 9-1-73
1170-A Beltline 36617
Vasco R. Geer, Jr. 8-31-63 9-29-70 9-1-73
257 N.: Conception 36603
Harry M. Smith, Jr. 5-17-71 9-1-72
3500 Cottage Hill Road 36609 Replaced George R.
: Icvine, Jr.
781
Alogte I-15 L3"
AN ORDITHARCE AMENDING ORDINANCE 99-150
SCR ERIC G0 CHCERNING THES COMES. ADV, SONY
99-079 CONMMITYL = aY ADDING ONL ADDITTONAL MEMBLR 1965
BE IT ORDAINED RY THE BOARD OF COMMISSICNERS OF THE CITY
OF MOBILE, ALABAMA, that Ordinance 99-150 Series 1963 be and
the same hereby is amended as follows:
The said committec shall be made up of ninc (9) members to
consist of:
Cne Architect, registered in the State of Alabama, holding
membership in the Mobile Branch of the American Institute of
Architects, resident of the City of Mobile and/or have their
principal practice in the City of Mobile;
One Structural Engineer, registered in the State of Alabame,
holding membership in the American Society of Civil Engineers,
resident of the City of Mobile and/or have their principal prac-
tice in the City of Mobile;
One Mechanical Engineer, registered in the State of Alabama,
holding membership in the American Society of Heating and Re-
frigeration Engineers, resident of the City of Msbile snc/cr
have their principal practice in the City of Mcbile;
One Electrical Engineer, registered in the State of \labama.
holding membership in the American Institute of Electrical Engi-
neers, resident of the City of Mobile and/or have their princi-
pal practice in the City of Mobile;
The Engineer for the City of Mobile;
One member of the Building Trades Council:
One member from the Association of General Contractors;
One member from the Mcbile Home Builders Association; anA
One memover from the Mobile Real Estate Association. HG Sepuon ipa Qty
———
Adopted: August 10, 1965
fy . 3 2 ~
Rk fr ill, Ahn - -—
Acting City Clerk
782
ADVISORY COMMITTEE BY ADDING ONE ADDITIONAL
MEMBER,
Sponsored by:
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF MOBILE, ALABAMA, that Ordinance 99-150, Series 1963, be and
hereby is further amended to read as follows:
The said committee shall be made up of ten (10) members
to consist of:
One Architect, registered in the State of Alabama, holding
membership in the Mobile Branch of the American Institute of
Architects, resident of the City of Mobile and/or have their
principal practice in the City of Mobile;
One Structural Engineer, registered in the State of
Alabama, holding membership in the American Society of Civil
Engineers, resident of the City of Mobile and/or have their
principal practice in the City of Mobile;
One Mechanical Engineer, registered in the State of
Alabama, holding membership in the American Society of
Heating and Refrigeration Engineers, resident of the City of
Mobile and/or have their principal practice in the City of
Mobile;
One Electrical Engineer, registered in the State of
Alabama, holding membership in the American Institute of
Electrical Engineers, resident of the City of Mobile and/or
have their principal practice in the City of Mobile;
The Engineer for the City of Mobile;
One member of the Building Trades Council;
One member from the Association of General Contractors;
Onc member from the Mobile Home Builders Association;
One member from the Mobile Real Estate Assocgiation; and
One member from the Mobile Air Conditioning Contractors
Association.
Adopted: 3% 1 1574
nahngad 0 Ioranst
sity Clerk
; AN ORDINANCE FURTHER AMENDING ORDINANCE NO. F3 «
o 99-150, SERIES 1963, CONCERNING THE CODES :
A
783 :
his (Pos 23, /7¢ 3
~/
AN ORDINANCE CREATING THE
GOEMITILE, PRESCRIBING TIE BOW HS AND
AUTHORITY OF SAID COLMITTEL, THs TERMS OF
OFFICE OF TIE MEMBERS OF SAID COMMITTEE © 1 Q 634
oe AND THE DUTIES OF THE MEMBERS OF THE SAID
MEE COMMITTEE
049-150
|
|
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF MOBILE, ALABAMA, that a committee to be known as the Codes
Advisory Committee, be and the same is hereby created.
The said committee shall be made up of nine—(9)
members to consist of:
One Architect, registered in the State of Alabama, holding mem-
bership in the Mobile Branch of the American Institute of Architects,
resident of the City of Mobile and/or have their principal practice in
the City of Mobile;
One Structural Engineer, registered in the State of Alabama,
holding membership in the American Society of Civil Engineers, resident
of the City of Mobile and/or have their principal practice in the City
of Mobile;
One Mechanical Engineer, registered in the State of Alabama,
holding membership in the American Society of Heating and Refrigeration
Engineers, resident of the City of Mobile and/or have their principal
practice in the City of Mobile;
One Electrical Engineer, registered in the State of Alabama,
holding HeRberaty Th hE Tae Institute of Electrical Engineers,
resident of the City of Mobile and/or have their principal practice in
the City of Mobile;
The Engineer for the City of Mobile;
One member of the Building Trades Council;
One member from the Association of General Contractors; and,
One member from the Mobile Home Builders Association.
Members of the sald committee shall be appointed by the Board of Com-
missioners
re The terms of each member of said committee shall be
for three (3) years, except as hereinafter set forth:
The terms of the mcmbers of the Codes Advisory Committee shall
be divided into three classes for the initially appointed members of
sald board, one-third of the members of said board to scrve for terms
—
784
of one year each, one-third to serve for terms of two years each, and
one-third to serve for terms of three years each, after which appcintees
shall each serve a full term of three years each, unless removed by the
a Cr
Board of Commissioners of the City of Mobile for cause. In the event of
vacancles caused by death, illness or resignation or for other cause
deemed sufficient by the Board of Commissioners of the City of Mobile,
appointment shall be made by the Board of Commissioners of the City of
Mobile to fill the unexpired term of such member of the committee.
/
Ex-officio members of the said committee shall con-
sist of the following employees of the City of Mobile:
Director of Inspection Services,
Chief Building Inspector,
Chief Electrical Inspector,
Chief Plumbing Inspector.
Ee ——————— em is essrertitk
The Codes Advisory Committee shall have the power ax
rr
and authority and @uties) as follows:
To evaluate the Ordinances and Codes of the City of Mobile, per-
taining to construction which shall include but not be limited to buildings
/
/
and structures and the related fixtures, systems and equipment thereof;
To make recommendations to the Board of Commissioners of the
City of Mobile regarding the passage of pertinent ordinances and codes
resulting from the committee's evaluation of same as to establishing and
maintaining the basic minimum specifications and requirements for safe
and sanitary construction in the City of Mobile and its police jurisdic-
tion, which shall encompass and include but not be limited to, all build-
ings and structures and the related fixtures, systems and equipment thereof}
To evaluate and make recommendations to the said Board of Commmis-
sioners as to what methods and procedures may be best used or employed to
insure compliance and enforcement of the sald basic minimum specifications
and requirements for construction in the City of Mobile and its police
Jurisdiction.
—
—
t
—
—
S
e
To advise the Board of Commissioners of the City of Mobile on any
matter relating to the health and welfare of the community which the sald
785
( Board may deem to ask of the committee and which lies within the realm
of knowledge and experience of the various members of the said committee.
Members of the Codes Advisory Committee shall serve
without compensation.
Adopted: Ae 201363
cat? 3.
/ | City fe 7
COMMISSION ON PROGRESS
Established by Ordinznce S9-
of 6-7-66, amended by 99-126
9-17-68, and 99-171 of 1C-14-€S
3 year terms
MEMEBERS
ORIGINALIY
APPOINTED REAPPOINTED
PRESENT TERM
EXPIRES RECOMMENDED 3Y
Emil Graf IIx
First Natl, Bank
Marketing Dept.
Mobile 36602
John Blair Hamlin, Jr.
3808 Claridge Rd.
Mobile 36608
Taylor K. Hodge
701 Davis Ave.
Mobile 36603
Martin J. Johnson
Pe O.: BOX 267
Mobile 36601
Isiah Kidd
2271 St. Stephens Rd.
Mobile 36610
Clarence Montgomery
5-5-70 12-4-73
5-1-73
12-4-7%
12-4-73 y
5-5-70
5-5-70
666 Florida St. Extension
Mobile 36617
Bert P. Noojin
570 Hazeur Curve
Mobile 36608
Bishop W. M. Smith
3753 3princhill Ave.
Mobile 36608
Rev. M. P. Harrison
5-1-73
12-4-73
1-22-74 4-30-75
4159 N. Spring Valley Dr.
¥obile 36609
4-30-76
4-30-76
4-30-76
4-30-76 .
4-30-76
4-30-76
4-30-76
4-30-76
4-30-78 Greenough
98
L
Mobile 36609
COMMISSION ON PROGRESS continued (page 2)
ORIGINALLY
MEMBERS APPOINTED REAPPOINTED
PRESENT TERM
EXPIRES RECOMMENDED BY
Edley Hubbard 12-4-73
1982 S. Magazine Rd.
Magazine, Ala. 36610
Layton Overstreet 12-4-73
P. O. Box 1241 °
Mobile 36601
Earl Roberson 12-23-69
51 Hulsey Dr.
Mobile 36617
Doe-He Lhe Russell 12-4-73
1Cl1 Davis Ave.
Mobile 36603
—tmrect J —Scwetil- 1-22-74
BE a Aa a
Moribhe—ti ai
Richard Stevenson 12-23-69
P. O. Box 2447
Mobile 36601
Rev. Fred H. Wolfe 1-22-74
4255 Cottage Hill Rd. :
Mobile 36609
4-30-15
4-30-75
12-2095
4-30-75
4-30-75
4-30-75
4-30-78
4-30-78
4-30-78
4-30-78
4-30-75
4-30-78
4-30-76
Greenough
L8
L
Ordinance No. %9 - 0
6/766, amended by $8 - 12
9/17/68,93-171 of 10/14/¢
" ORIGINALIX wy COME Tn (AE oN
SE APPOINTED REAPPOINTED ~~ EXPIRES BY
bev. Walter Albritton 6/29/71 8-20-74 4-30-77
1552 Fermvay, O4
138-4714 Hm. 433-6133
Jermes H. Coll Ge20m7l. 8-20-74 430-77
P. q ox 2447, 01
i57-bo01
ohn Deplacido 6-29-71 8-20-74 4-30-77
P. 0. Box 1924, O01
57-6601
'orzn Figures 6-29-71 | 8-20-74 4-30-77
203% 51. Royal, 02
432-3561
z-es E. Moore 6-29-71 8-20-TU 4-30-77
G20 Dauphin, OY
L32-5641
carriission on Progress (page 3)
year term
88
L
Fes. Charles A. Tunstall 6-29-71 8-20-T4 4-30-77
305, "evelard, 03
33> J47 or 452-9396
—
789
CAIISSICN ON FRCG
Terms expire May 9, 1970:
tiartin J. Johnson
W. M. Bishop Smith
George H. Dennistor
Clarence Montgomery
Izish Kidd
Taylor Hodge
Greg Buckalew .
Emile Graf III
Terms expire }ay 9, 1971:
Rev. Charles A. Tunstall
John Dirlacido
James H. Coil, Jr.
James A. McFherson
J. Thomas Arendall, Jr
Carl E., Jones
Norman Figures
Terms expire May 9, 1972:
Layton Cverstreet
iKzv. Franciz EB, Wakefield
Rev, William J. Rimes, S. J.
Edley Hubbard
Harris Friedlander
Richard M4, Stevenson
Earl Robar:son
Ur, ¥W, L., Rusanoll
Ln lala)
Usd)
790
1 96-171 AN ORDINANCE TO AMEND ORDINANCE NO, 99-048 1969
ADOPTED JUNE 7, 1966, AND ENTITLED "AN ORDI-
NANCE TO ESTABLISH IN THE CITY OF MOBILE,
ALABAMA, A SPECIAL ADVISORY CQMMISSION AND
A SPECIAL ADVISORY COMMITTEE", AS AMENDED
BY ORDINANCE NO. 99-126 ADOPTED SEPTEMBER
17, 1968
WHEREAS, a Special Advisory Commission and a Special Advisory
Committee for the City of Mobile were heretofore established by
an Ordinance adopted in 1963 which through inadvertence or over-
sight was omitted from the Mobile City Code, 1965, adopted
February 15, 1966; and
WHEREAS, Ordinance No. 99-048 was adopted on June 7, 1966,
for the sole purpose of re-enacting the aforesaid ordinance pre-
viously adopted in 1963; and
WHEREAS, Ordinance No. 99-126 was adopted on September 17,
1968, to amended Ordinance No, 99-048 to correctly reflect the
composition of the Special Advisory Commission and the Special
Advisory Committee; and
WHEREAS, it is the desire of the Board of Commissioners of
the City of Mobile that said Ordinance No. 99-048 as amended by
Ordinance No. 99-126 be amended to change the name of the Special
Advisory Commission so that from henceforth it shall be known as
the "Commission on Progress", and further, so that the membership
of said Commission shall be increased from twelve to twenty-four,
and
WHEREAS, it is the desire of the Board of Commissioners of
the City of Mobile that the Special Advisory Committee as estab-
lished by Ordinance No, 99-048 adopted June 7, 1966, as amended
by Ordinance No, 99-126 adopted September 17, 1968, be and the
same hereby is declared null and void, and repealed;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF MOBILE, ALABAMA, that Ordinance No, 99-048 entitled
"An Ordinance to Establish in the City of Mobile, Alabama, a
Special Advisory Commission and a Special Advisory Committee",
which Ordinance was adopted on June 7, 1966, and Ordinance No.
99-126 entitled "An Ordinance to Amend Ordinance No. 99-048",
791
Nr i
. which said Ordinance was adopted on September 17, 1968, are
hereby amended so that the same shall hereafter read as follows:
l. There is hereby established in the City of Mobile,
Alabama, a Commission on Progress.
2. The Commission on Progress shall be composed of twenty-
four (24) members. The initial appointees to membership on
the Commission shall be appointed one-third for terms of three years
one-third for terms of two years and one-third for terms of one year,
and thereafter all members shall be appointed for terms of three
years, except appointments to fill vacancies caused by reasons
other than for expiration of term of office, which appointments
shall be for the remainder of the unexpired term. The members
of the City of Mobile Commission shall serve as ex-officio members
of the Commission on Progress.
3. The purpose of the Commission on Progress shall be:
a) To provide the City Commission with a readily
accessible group of informed citizens to which
the Commission may refer for discussion, advice,
and recommendations concerning the problems of
general public concern;
b) To provide a means of communication and consideration
among and between the various interests within the
City in the consideration of broad community
problems; and
c) To serve as an additional source of information
and support for actions of the City Commission
on problems affecting the community.
4, The Commission shall have the power to elect its respective
officers, set their terms of office, appoint committees, set times
and place of meetings and transact such business as may be neces-
sary to accomplish the purposes of said Commission. The members
of the Commission shall serve without compensation.
5. The Commission shall request from the City Commission
the necessary administrative and logistical support.
Dw
792
6. The Commission shall give special attention to the
following areas of community concerns Human Relations, Health
and Welfare, Housing, Moral and Social Problems, and Labor-
Management Relations. The Commission on Progress shall have
sub-committees for each of the above areas of community interest.
7. The persons to serve on the Commission on Progress
shall be appointed by resolution of the Board of Commissioners
of the City of Mobile, Alabama, said resolution to set forth
the term of the appointee, or in the case of an appointment to
fill an unexpired term of a previous member of said Commission,
said resolution to set forth that the appointment is for the
filling of vacancy, setting forth the date of termination of
said appointment which shall coincide with the term of office
of the vacancy to be filled.
Adopted: October 14, 1969
We oll Lm tnd
City Clerk
3
EDUCATIONAL BUILDING AUTHORITY, INC.
Resolution No.
60-1019 of 11-77-72
ORIGINALLY PRESENT TERM
MEMBERS APPOINTED REAPPOINTED EXPIRES RECOMMENDED RY
Dr. Joan R. Thomas 11-77-72 11-14-77
257 Rochester Rd. (Noon)
Mobile 36608
432-1679
Ce Vo. Cartes ; 1l..7<72 11-10-75
3760 Pleasant Valley (Noon) 3
Mobile 36609 o
433-2718
Mrs. Elizabeth W. Robertson
1059 Palmetto 3-27-73 11-13-73 31-12.79
Mobile 36604 (Noon)
794
\—r’ ’
A RESOLUTION DECLARING THAT TIE GOVERNING BODY OW
THE CITY OF MOBILE IHHAS REVIEWED THE APPLICATION I'OR
AUTHORITY TO INCORPORATE THE EDUCATIONAL BUILDING
AUTHORITY OF TIlE CITY OIF MOBILE AS A PUBLIC CORPORATION
AND POLITICAL SUBDIVISION OF THE STATE OF ALABAMA FOR
TIE PURPOSE OFF PROVIDING ANCILLARY IMPROVEMENTS FOR
USE IN CONNECTION WITH EDUCATIONAL INSTITUTIONS IN AND 1 ¢) Yi oO
~ WITHIN FII"TEEN MILES OF THE CITY OF MOBILE UNDER THE
PROVISIONS OF ACT NO, 222 ENACTED AT THE FIRST 1966
50 -1 0 1 QSrnaiaL SESSION OF THE LEGISLATURE OF ALABAMA, APPROVED
AUGUST 30, 1966, FINDING AND DECLARING THAT IT IS WISE,
EXPEDIENT, NECESSARY OR ADVISABLE THAT THE AUTHORITY
BE FORMED AND DECLARING THAT IT HAS APPROVED THE
PROPOSED FORM OF CERTIFICATE OF INCORPORATION OF THE
AUTHORITY APPROVING THE APPLICATION AND GRANTING TO THE
PERSONS FILING SAID APPLICATION PERMISSION TO APPLY FOR
THE INCORPORATION OF THE AUTHORITY
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF MOBILE, ALABAMA, as follows: |
Section 1. That the Board of Commissioners does hereby declare that it
has reviewed the Application of Messrs. C. V. Cartee and Guy W. Reynolds
and Dr. Joan R. Thomas, of Mobile, Alabama, for permission to apply for the
incorporation of the Educational Building Authority of the City of Mobile, Alabama,
a copy of which has been made a part of the minutes of the meeting at which this
resolution is adopted and, upon evidence duly submitted to and considered by it,
has found and determined and hereby does find and determine as a matter of
fact that such application is in proper form and complies with Act No. 222, enacted
at the First 1966 Special Session of the Legislature of Alabama, approved
August 30, 1966, was signed by three natural persons and that each of said persons
is a resident of and the owner of real property in the City of Mobile, Alabama,
and is a duly qualified elector of said City, and that as a matter of fact, itis
wise, expedicnt, necessary or advisable that the Authority be formed.
Section 2. That the Board of Commissioners does hereby declare that it:
has approved and hereby does approve the proposed form of certificate of
incorporation of the Authority which was filed with said application and made a
part of the minutes of the meeting at which this resolution is adopted.
fe
195
Section 3. That the Board of Commissioners has approved and does
hercby approve such application and hereby grants to the persons filing such
application permission to apply for the incorporation of the Educational Building
Authority of the City of Mobile, by executing and acknowledging and filing
in the office of the Judge of Probate of Mobile County, Alabama, the certificate
of incorporation filed with said application and hereinabove approved.
Section 4. That the Clerk is hereby authorized and directed to publish
this resolution by causing a copy hereof to be published in the "Mobile Register",
resident of the Bord of Commissioners
SEAL
SE OT her Lh 22,
City Clerk
796
|
Commissioner Bailey moved that the rules
be suspended and taat unanimous consent be given for immediate con- |
sideration of and action on the said resolution, which motion was |
seconded by Commissioner Doyle , and, upon the motion
being put to vote, the following vote was recorded:
Yeas: Commissioners Mims ’ Bailey : Doyle
Nays: none
The President thereupon declared that the motion for unani-
mous consent for immediate consideration of and action on the said reso-
lution had been unanimously carried. Commissioner Doyle
thereupon moved that the said resolution be finally adopted, which motion
was seconded by Commissioner Bailey , and, upon the motion |
being put to vote, the following vote was recorded:
Yeas: Commissioners Mims , Bailey , Doyle
Nays: none
The president thereupon announced that the motion for adoption
of the said resolution had been unanimously carried, and the resolution was
thereupon transmitted to the mayor, who signed the same in approval thereof.
-10- |
757
There being no further business to come before the meetin the same was on motion duly adjourned.
Presidgnt of the Degrgd of Commissioners
SA Ley
ember of tKe Board of i i
Authenticated:
City Clerk
|
-11-
MOBILE AR=A PUBLIC HIGHER EDUCATION FOUNDATION, INC. : House Bill No. 1520 Act No. 1032 of 625-52
MOBILE CCUITY FOUNDATION FOR PUBLIC HIGHER EDUCATION 6 members each appointed Dy City, County, arg
= an 2 Solved Bean samy Or iT
ORICINIC IN : PRESENT T=°M RECO OE DF
VERS APPOINTED REAPPOINTED °° PEXPIRES BY
W. J. Begrin 10- 1-70 G- 1-76
5235 Vlillinson Way
Mobile, 35508 1433-1551
Forrest Little 10- 1-70 9- 1-76
2 Office Park
oblle, 25609 342-3241,
James Crow 10~ 1-72 : 9-30-78
P, GC. Boy 1407
Mobile, 36601 342-1173
Pr. A. 5. Vood 10~ 1-72 9-30-78
1725 Spring Hill Av. Sulte 104 S
Mobile, SCL 438-1517 oo
Joserh Il. Lanzan 9-30-62 ' 9-30-74 9-30-80
267 Houston St.
Mobile, 25606 U478-5203
J. Roy Smith 10-22-74 9-30-80
122 E. Pinondll Drive
Mobile, 2E€C3 344-2422
COUNTY APPOL TENTS | TERM EXPIRES SCHOOL BOARD APPOINTMENTS TRY EXPIRES
J. Finley FcPoe 9-72 Alfred Delchamps, Jr. G-72
Al Welskop?f 0-72 George Denniston Q-72
J. Boy Sith 9-74 E. G. Cleverdon 9-74
0. H, Delchanps, Jr. 9-76 Arthur Smith 9-74
irs. Susie Fuffskle 9-76 Dr, Vaun Adams Gu?
Glen Rrock G-70
BE. GC. Clsverdon, President
0. Boy 148%
13a, A1, 200%
Ordinance of 11/26/57, repealed hy Ordinance ‘No. G85 IRS
FINE ARTS MUSEUM OF THE SOUTH AT MOBILE - BOARD OF DIRECTORS oF 12/3/63, amended by Ordinance No. 63-127 of 9/2/69 :.
ART GALLFRY BOARD «3 year term Lg
"ORIGINALLY TTR EY. RECOMMENDED
MEMEBERS APPOINTED REAPPOINTED °° "EXPIRES : BY .
Mrs. Grace (Frank) DuValle 11-25-75 12-31-79 Allied Arts Council
2503 S. Delwood Dr., 06, 478-8550
Mr. Vasco R. Geer 11-25-75 12-31-79 Museun Board
30 Alverson Rd., 08, 344-7073
Dr. Kenneth M. Hannon 11-25-75 12-31-79 City of Mobile
1600 Center St., 07, 432-L4429
103 Hillwood Rd., 08, 342-5933
Mr. Herbert H. Lyons, Jr. 11-25-75 12-31-79 * Art Patrons League
1826 Dauphin St., 06, 473-2126 : 3
i : : 0
Mrs. Julie Whiting (Wythe) 11-25-75 12-31-79 Art Patrons League i:
314 Avalon St., 08, 344-2148
S. Palmer Gaillard - Emeritus
159 N. Conception St., 03, 432-1832
110 Place Levert, 08, 342-3902
Bruce Wellington - Emeritus
22 Country Club Rd., 08, 344-0368 |
Mrs. Gerald Applegate 12-12-74 12-17-76 Art Patrons League
23€ E. Ridgelawn Dr., 08, 342-0171
" Dwain Luce 12-18-73 12-17-76 City of Mobile
2012 N. Levert Dr., 07, 478-8505
P. O. Box 1467, 36621, 438-8011
Mrs. Mayer Mitchell 12-18-73 12-17-76 All1ed Arts Council
2502 S. Delwood Av., 06, 478-3866 : :
Wayne Palmer, Sr., Chairman 12-18-73 12-17-76 County of Mobile
Io Goverrment St. , OH, 432-4691
«7» Bex 575, 08
FINE ARTS MUSEUM OF THE SOUTH AT diay BOARD OF DIRECTORS ‘continued
~ ETRY iio Tee PR SINT TERM ~~ RECOMMENDED
MEMBERS APPOINTED REAPPOINTED ES "EXPIRES BY .
Mrs. Raymond Roser 12-18-73 12-17-76 Mobile Art Assn.
5005 Princeton Dr., 18, 32-2081
Maynard Foster 12-17-74 - 12-17-77 Mobile Art Gallery
Toe Herman 'St., 17, 479-6310, 460-7051
Mrs. M. N. Hardesty 12-18-71 12-17-74 12-17-77 Mobile Art Assn.
301 W. Indian Creek Dr., 07, 473-6157 :
Dr. Herbert P. McDonald 12-17-74 12-17-77 “Mobile Art Assn.
66 N. Monterey St., 04, 473-6072 : 0
P. O. Box 355, 36601 432-0284 eS
Mrs. George K. Noland 12-17-74 12-17-77 Art Patrons League
10 Spring Bank Rd., 08, 342-5272
162 St. Louis St., 02, 432-5501
Dr. Samuel Eichold 8-26-75 12-17-77 City of Mobile
165 S. Georgia Av., OU, 438-2768
Norman Zilles 12-17-T4 12-17-77 Allied Arts Council
74 Jordan Lane, 08, 3U4U-7657
P. 0. Box 16166, 16, Jro-osh1
Mr. Edward B. Ladd
P. O. Box 189, 01, 432-0451
113 Ryan Av., 07, 473-1452
Dr. Edward L. Bryant
1564 Center St., 06, 433-1872
104 West Kingswood Dr., 08, 344-2864
ARTS HALL OF FAME COMMITTEE
representative to this State Committee riers PLEA ©
RY rT nn PET oT "RECOMMENDED
MEMBERS APPOINTED = « o REAPPOINTED "' °° "EXPIRES : BY...
Mr. Wayne Palmer, Sr. 3- 4-75 12-20-78
1050 Goverrment St, O4, 432-4691
00)
oO
—
FINE ARTS MUSEUM
802
Dr. Samual Eichold
Dr. J.7. Gaines
Mrs. Ben H. Harris, Pred
Mr. Nicholas S. McGowin
Mrs. John Ban Aken
Mrs. Charles K. Hartwell
Dr. Samuval Eichold,
Mrs. T. L,., Trawick , =IT1II
Mrs. Sidney P. Ban Antwerp
Dr. Thomas McMillan
Mrs. John C. Miller
Mrs. Chas. L. Rutherford
Mrs. H.D. Sommer
Mr. Thomas M. Wentworth
Mrs. H.D. Sommer
Rt. Rev. Oscar H.:-Lipscomb
Dr. William K. Weaver
Dr. Fred W. Whiddon
Mr. Robert Zietz
Mr, Clifton C. Inde
Mrs. Charles K. Hartwell
Mr. Nicholas McGowin
Mr. C.P. Persons
Mrs. John Ban Aken
Dr. Norborne R. Clarke, Jr.
Mrs. Charles L. Rutherford
Thomas M. Wentworth
Dr. ThomasM. McMillan
Mrs. John C. Miller
Mr. Clifton C. Inge
Rt. Rev. Oscar HE. Lipscomb
Mrs, H.D. Sommer
Dr. Willism K. Weaver
Dr. Fred W. Whiddon
Mr. Robert Zietz
Mrs. John C. Miller
1974 replacement
1974-76
803
63-127 AN ORDINANCE TO INCREASE THE SIZ® 1969
OF THE MEMBERSHIP OF THE MOBILE
ART GALLERY BOARD TO PROVIDE FOR
THE SELECTION OF THE ADDITIONAL
MEMBERS TO BE APPOINTED TO SUCH
E LLERY BOARD, AND TO
PROVIDE FOR THEIR INITIAL TERMS
OF OFFICE
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF MOBILE, ALABAMA, that the Mobile Art Gallery Board, which
sald Board was heretofore established by Ordinance No. 99-220,
adopted December 3, 1963, is hereby increased in membership
from fifteen (15) members to eighteen (18) members. ' The
TTT Zhi 3 AG
vacancies thus created on the Mobile Art Gallery Board are to be
filled by appointment by the Board of Commissioners of the
ae
City of Mobile from nominations submitted. .to it by.thae .Mobile-—
Art Gallery Board, and the appointments of such additional mem-
‘bers shall be for terms of one (l) year, two (2) years, and three
(3) years, after which appointments to said Mobile Art Gallery
Board shall be for terms of three (3) years for each member
[ S—
thereof, Wherever the terms of this Ordinance are in conflict
a gioW
with Ordinance No, 99-220, as amended from time to time, the
mCrm—r
provisions hereof shall prevail, and the provisions of said
Ordinance No, 99-220 are repealed to the extent of such conflict.
ADOPTED: September 2, 1969
Cid A fori rE,
City Clerk
Fort Conde Plaza Development Authority Resolution No. 03-066, Series 1974
.\ x
RNA TTT RESET ER RECOMENDED
MEMBERS APPOINTED REAPPOINTED ' EXPIRES BY
Mr. Vincent F. Kilborn III 11-25-75 1-22-79
2753 Krietner St., 06, 433-1681
J. Thomas Fitzgerald © 1-22-74 - ey 1-22-78
289 Wingfield Dr., 07, 471-6261
Alfred A. Atchison 3 4-75 1-22-77
4155 Skywood In., 09, 432-6145
Mrs. Bestor Ward, Jr. 120-74 1-22-76
301 S. Geargla Av., Ob, 432-5075
: 00
©
NaS
Ex Officio Members:
Mitch Barnett
Mr. Robert B. Doyle, Jr.
Mr. Gary A. Greenough
Mr. Lambert C. Mims
§ 0 tis
67 Ug Te Wa Tha
0 Sf
ALJ. L
\ | '- ¥ /
‘COMMITTEES
805
BOARDS
‘AUTHORITIES MEMBERS TE RMS
FORT CONDE PLAZA Mr. Vincent PF. Xilborn Ill 1975-79
DEVELOPEMENT Mr. Alfred A. Atchison 1975-77
AUTHORITY Mr. Peter J. Palughi 1975-79
Mr. Thomas Fitzgerald 1974-78
Mrs. Bestor Ward, Jr. 1974-77
Mr. Peter. J. Palughi 1974-75
806
AA pd” Jim - 22, 191Y
R1-006 1197 4s
AN _ORDINANCE ESTABLISHING THE FORT
TES ——————
DEVELOPMENT AUTHORITY,
PROVIDING FOR THE i OF
MEMBERS THEREOF, AND ESTABLISHING
ITS POWERS AND DUTIES
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF MOBILE, ALABAMA, as follows:
SECTION 1: It is hereby found and determined that the
historical, architectural and cultural heritage of the
Fort Conde area is among the most important evi vormental
assets of the City; that the rapid social and economic
development of contemporary society threatens to destroy
many important vestiges of this heritage; and that there
is an immediate need to protect, enhance, and perpetuate the
use of this significant district and to restore it to useful
productivity in the interest of the prosperity, civic pride
and general welfare of the people. Therefore, there is
hereby established an authority to be known as the "Fort Conde
Plaza Development Authority".
SECTION 2: The Authority shall consist of seven (7) members,
Sea 4
three (3) of said members to be the duly elected Commissioners
of the City of Mobile, and the remaining four (4) members to
~ —
be appointed by the Board of Commissioners of the City of
ESC
Mobile. Insofar as is feasible and possible at least three
(3) of the members appointed by the Board of Commissioners
shall be owners of property in the Fart Conde area, The initial
terms of office of those members appointed by the Board of
Commissioners of the City of Mobile shall be four (4) years,
three (3) years, two (2) years, and opg (l) ycar, and there-
after each such member shall be appointed for a term of four
(4) years.
807
SECTION 3. In general the Authority shall have the
following powers, duties and responsibilities in the
Fort Conde area:
A. The Authority shall be responsible for the
planning, development and operation of Fort Conde Plaza.
In pursuit of this threefold purpose, and with the advice
and assistance of the Advisory Committee, the Authority
shall have the following duties: |
B. Planning. In cooperation with the City
Planning Commission, and property owners, the Authority
shall plan the Fort Conde Plaza for a combination of’
public and private uses that are compatibly related to
its architectural character and will promote it as a
commercial and cultural center for tourists and residents.
Planning shall not be limited to initial design and program
but shall be a continuing activity coordinated with
fevelopment opportunities.
C. Development. In cooperation with the
property owners, the Authority shall program development
toward completion within approximately two (2) years. In
discharging this duty, the Authority shall correlate public
and private projects and shall schedule construction and
reconstruction so that development can proceed in an orderly
manner with assurance to prospective enterprise that access,
parking and other public improvements will be available by
the time they are needed for operation of commercial and
cultural activities.
The Authority shall assist the property owners
in organizing and promoting individual projects that are
consistent with the public interest in establishing Fort
Conde Plaza as a cultural and economic asset to the City .
808
of Mobile. In addition, the Authority shall initiate such
individual prcjects as it deems desirable in furtherance
of the objective of the undertaking and consistent with
the general plan.
With the consent of a property owner and his
developer, the Authority shall correlate and expedite the
various reviews and approvals required under the law by such
agencies as the City Planning Commission, the Architectural
Review Board and city departments.
D. Management. The Authority shall have the
continuing duty of managing the operation of Fort Conde Plaza,
if directed by the Board of Commissioners, it shall operate
such public facilities as may be directed by the Board of
Commissioners of the City of Mobile. It shall devise and
recommend to the Board of Commissioners such measures of
control as it deems necessary for the successful management
of the Fort Conde Plaza operation. In its management
activities, the Authority shall consult with property owners
and, with their consent, shall have the power to act for
them in management matters.
E. Employees and Finances. The Authority may
request the assignment of such employees as it may deem
Pecessaty for its work, including an executive director,
whose appointment, promotion, demotion, and removal shall
be subject to the same provisions of law as govern other
corresponding civil employees of the City of Mobile. The
Authority may also investigate and recommend contracting
to the City of Mobile with city planners, engineers, architects,
809
and other consultants for such services as it may
require in order to carry out the project. The expenditures
of the Authority shall not exceed that amount as budgeted
and approved by the City of Mobile. The City Comptroller
shall be the fiscal agent of the Authority.
aporrep: JAN 22 1974
Pistll SoA
City Clerk
Mobile Historic Development ime
45% i: 2 2.
Ordinance No. 87-036 of. 3-20-62, amercs, !
‘by 87-018 of 3-15-66, ard 81-040 of 2-2 22D
: Sind i 2: Cap gc a — yes '
Sa sod ALLY : "PRESENT TERM : RECOMMENDED
PERS APPCINTED REAPPCINTED EXPIRES BY i
Ms. Sam Betty 1}-17~71 6-30-75 6-30-79 Allied Arts Connell
63 S. McGregor Av, 08, 312-6893
Mrs. Zride Lou Sheffield 11-25-75 6-30-76 Y Swit Azalea City Travel, 3 N. Royal St. So Bomigmiiobile Tatura
433-5465 :
Mrs. David Kinsaul 10- 1-74 T1575 6-30-79 Jayceettes fT
263 Del Barco Dr., 07, 473-3264
Joseph A. Locke 6-19-72 6-30-75 6-30-79 hist. Mobile Tours, Inc.
P. 0. Bx. 1827, 01,
‘5s. John C. Miller 10-27-64 6-30-75 6-30-79 Doyle
2023 Point Legere, 05, 478-5926 : : :
” 0 0)
- | od
2%. Fay Russ Dr 6-30-76 Dovmtow: Un {ml tad™
432-5544
Ms. Isabel Pope 7- 1-71 6-30-75 6-30-79 Christopher Br., Chap., Co
2255 Ashland Av, 07, 479-0258 “Dames of “theXVIL Cent.
| >
Arthur Smith, IIT ALT. 8-24-71 6-30-75 6-30-79 Mobile Co. Bd. of Realtor:
2. 0. Bx. 143, 01, 432-6731
Paul Thompson, President g-2U-T1 6-30-75 6-30-79 Mobile Co. Bd. of Realtors
P. 0. Bx. 2402, 01 : ;
Ms. lamp Uzzelle, III, ALT. 6-30-75 Allied Arts Council
1005 Augusta St, 04, 432-8939
Ns. T. Ho Weeks, Jr. SUPFRVUMERARY 10- 5-71 6-30-75
di Jeff Ce. Nims , 5012 Ridgelvan Dr, :
, 08, 342-7303
3- 4-75 Sn 6-30-79
, H78- 0256
he : - : =
Taq Q, Ontpeanina St, Ob, 478-0256 il FLEX ~. ir
a
Mcebile Historic Development Commission (page 2)
en ORTG ENA LL oe ER nea PVRSIITY TW . apx 0 SPR ONENDID)
i= 35RS APPOINTED PRAPPOINTED °° "DPIREs oy dny |
Tom Burke, ALT. Te 172 6-30-76 Downtown Mobile Unlimited
LL5T Suzanne Cr, 08, 342-3417
Rev. Herbert J. Collier 7= 1m72 6-30-76 Mims
4025 Alba Club Rd, 05, 478-7863 |
Ralph G. Holbert, Jr. ALT. 7-37-73 6-30-76 Mobile Chamber of Car )ee
931 Carlyle Way E., 09, 344-2527
Capt. Joseph Ollinger, Jr. 12- 2-69 T= 1-72 6-30-76 Downtown Mobile Unlimited
3847 Austill In., "°, 344-5357 p!
|
Thomas G. St. John, Jr. ALT. %= 1.58 Te 1572 6-30-76 Mims be
106 Ryan Av, 07, 479-5860
Ernest W. Todd, Jr. ALT. MEMBER 7-17-73 12-16-75 ~~ 6-30-76 Mobile Chamber of Cormerce
3762 Amruth Dr, 08, 344-1094
Mrs. Ben Harris, Jr. 7- 1-73 8-26-75 6-30-77 Jr. League of Mobile, Tre.
20 S.. lafayette St., Ol, 479-1259
Mrs. Floyd Frazer (Valerie) ALT. 8-26-75 6-30-77 Jr. League of Mobile, Inc.
13 8. Julia St.; 08,7 433-2348 )
Sidney Schell 1- 9-73 : 6-30-77 . Mobile Jaycees
3756 San Juan Dr, 09, 342-8609 fo
Robert B. Smith, ALT. 6-25-74 . 6-30-77 Mobile Jaycees
273 Jennings Ct, 06, 479-9906 :
Mrs. T. L. Trawick,III ALTERNATE 3 4.75 6-30-77 15 S. Spring Bank, Rd, 08, 342-4249
MOBILE ~~’ JRIC DEVELOPMENT COMMISSION CONT'D
APPOINTED PRESENT TERM :
MEMBERS ORIGINALLY REAPPOINTED EXPIRES RECOMMENDED BY
Mrs. John W. Coleman 5-25-71 7-1-72 6-30-76 Oakleigh -Garden Society
251 Charles St. 36604
Pr. Sam Eicholq, Alt, 7-1-72 6-30-76 Oakleigh Garden Society
165 S. Georgia Ave. 36604
Mrs. Arthur Prince 7-1-72 6-30-76 Jomen's Architectural
1004 Palmetto St. 36604 League Y
Mrs. Earvey Gandler, Alt. 7-1-72 6-30-76 Women's Architectural
83 Acacia 8t. 36607 League
Mrs. Forrest C. Wilson 6wl.67 7-15-75 6-30-79 Amer. Assoc. of University
1150 Pace Pkwy. 36609 Women 8
. No
Miss Metha A. Schlich, Alt. 6-1-67 6-22-71 6-30-75 Amer. Assoc. of University
Women
Yrs, We. BH. March, Jr. 10-14-69 7-1-70 6-30-78 Nat. Society of Col. Dames
2529 River Forest Drive 36605 in State of Ala.
Mrs. William E. Drew, Jr., Alt.
2313 Venetia RA. 6-25-74 6-30-78 Nat. Society of Col. Dames
in State of Ala.
¥es. Mark Tapla, AUTERWATE = 7-15-75 6-30-79 )
1156 Palmetto St., 04, 438-3977 Jayceettes
Mrs. Mitchell lattof, Alt... 1-8-74 5-21-74 6-30-78 Art Patrons League
3862 Llewyn Dr. 36608 :
Mrs. William J. Tipler 1-15-74 6-18-74 6-30-78 Historic Mobile Preservation
508 Monroe 36602 Society
Mrs. Clay Rankin, Alt. 1-15-74 6-18-74 6-30-78 Historic Mobile Preservatior
166 S. Georgia Ave. 36604
Society
MOBILE EISTORIC DEVELOPMENT COMMISSION CONT'D
ORIGINALLY . PRESENT TRRM
MEMRERS : APPOINTED REAPPOINTED EXPIRES RECOMMENDED BY
Mrs. N. Q. Adams 7-17-73 6-30-77 Bailey
58 Clarise Cir, 36608 :
Victor W. Glazner 7-10-73 6.25.14 6-30-78
6527-013 Shell Rd. “36603 American Institute of Architects
: Mobile Chapter
Mr. James Hurd, Alt. 7-10-73 625.74 6-30-78
4734 Oxford Dr. "36618 American Institute of Agel cts
Mrs. Elizabeth Gould 7-25-67 5-1-72 4-30-76 MHDC Representative on the Archi
5655 William & Mary Ave. 36608 tectural Review Board
Executive Director
Mrs. Nancy HN. Holmes i
P. 0, Box1827 365601 0
4328-7281
Ms. Medford Roe | 2/18/75 6-30-78 Art Patrons League
3614 Cedars Avenue, 08, 3u44-3735
Mrs. Paul Reeve, ALT. 10/27/64 " ons. 6/30/79
207 S. Georgla Avenue, O4
3 : i
Mrs. Mary Kirk Kelly, ALTERNATE 7-15-75 6-30-79 American Association o
P. 0. Box 518, Axis, Al. 36505 University Women
Mrs. Sidney M. Bufkin, ALTERNATE 7-29-75 6=30-79 Mobile County Commission
250 Rapier Av., 36604, T32=NIB6
Mr. Robert B. Smith 8-26-75 6-30-77 Mobile Jaycees
P. 0. Box 2545. 0}
Mr. Ray McCoy ALTFRNATE 8-26-75 6-30-77 Mobile Jaycees
P. 0. Box 16243, 36616
MOBILE EVELOPMENT COMMISSION t'd Ordinance No. 87-036 of 3/20/62, amended by
HITIORL ¥ E pee 87-018 of 3/15/66, and 81-040 of 2/22/72
Yo iti Xs
~ ORIGINAILY
MERERS APPOINTED : "REAPPOINTED °° EXPIRES BY
Mrs. Wayne E. Stracener 9-16-75 6-30-79 Allied Arts Council
1569 Dauphin St., 04 479-9230 .
Mrs. J. Shain Howell 9-16-75 on 6-30-79 Colonial Dames XVII Centure
3905 Rutledge Place, 08, 342-4054 5
Mrs. Augustine Meaher, III 9-16-75 6-30-79 Historic Mobile Tours - [I
1319 Dauphin St., O04 433-9740
Mrs. Edmond C. DeCelle : 10-7=75 : = 6-30-79
2008 01d Shell Rd., 07, 473-2311 ;
Ms. Mildred LeMat Smith, Alt. Member 10~7~75 Le 6-30-79
210 DeSales Av., 07, 479-4176
Mr. Charles Trainor 12-16-75 6-30-76
P."0." "Box 16546, 16, 344-5520
820 Ingleside Drive, 08, 344-6064
ct ee a
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
COMMITTEES
BOARDS
AUTHORITIES
815
MEMBERS
Page 1
TE RMS
HISTORIC DEVELOPEMENT
SOCIETY
Mr. Charles Trainor
Mr. Ernest Todd, Jr.
Mrs. Emmie Lou Sheffield
Mr. Fay Russ
Mrs. Edmond C. Decelle
Miss Mildred Lemai Smith
Mrs. Wayne Stracener
Mrs. J. Shain Howell
Mrs. Augustine Meaher,III
Mr. Sidney Schell
Mr. Robert B. Armstead
Mr. Robert B. Smith
Mr. Ray McCoy
Miss Isabel Pope
Mrs. Sam Betty
Mr. Joseph Locke
Mrs. Ben Harris
Mrs. Floyd Fraser
Mr. Paul Thompson
Mr. Arthur Smigh, 11
Mrs. Ann Smigh Bedsole
Mrs. Forest Wilson
Mrs. David Kinsaul
Mrs. Mary Kirk Kelly
Mrs. Mark Tapia
Mrs. Sidney Bufkin
Mrs. Jonn C. Miller
Mrs. Paul Reeve
Mrs. TL." Prawick, III
Mrs. Augustine Meaher III
Mrs. Medford Roe
Mrs. Mary Powell
Mrs. David Kinsaul
Mrs. Paul Reeve
Mr. Victor -W. 'Glaznér
Mr. James Hurd
Mr. Sidney Schell
Mr. Robert "B.'Smith
Mrs. William J. "“Tipler
Mrs, Clay “Rankin, IIT
Mrs. Mitchell Lattof
Mrs. "Sam Betty
Mrs. Hamp Uzzelle, IIl1
Mrs. Larry Clark,
Mrs. George Ritchie
Mr. Ernest W. Todd, Jr.
Mr. Ralph G. Holberg, Jr.
Mr. William Armistead
Mr. Sidney Seahell.
Mrs. N.Q. Adams
Dr. E. Bruce Trickey
1975-76
1975-79
LL "
1975-79
11} J
1974-77
1975-77
[7] "
1975-79
1975-77
1975-79
1975-177
1975-75
1975-78
1974-75
1974-78
1974-77
1974-78
1973-75
1973-75
1973-76
1973-77
repiacement
816
.COMMITTEES Pece 2
BOARDS
AUTHORITIES MEMBERS TE RMS
HISTORIC DEVELOPMENT Mrs. Amiel Brinkley, Jr. 1973-77
SOCIETY Mrs. Ben Harris,.Jdr, nN "
Mr. Victor W. Glazner " "
Mr. James Hurd
Mr.
Mrs.
Mrs.
Mrs.
Mrs.
Mrs.
Mr. William Armistead
Paul
Mr. Herbert J.
Thomas G.
Tom Burke
Mr.
Mr.
Mr.
Mr.
Dr.
Mrs.
Mrs.
Capt
Mrs.
Thomas Graves
John
Mrs.
My.
Mr.
Mrs.
Mrs.
Mrs.
Mr.
Mr.
Mr.
Mr.
Mr.
Mrs.
Mrs.
Mrs.
Miss
Miss
Mrs.
Mrs.
Mrs.
Bailey DuMont
Mrs.
Mrs.
Mrs.
Mr.
Sidney Schell
NHY.Q. Adams
Elizabeth Gould
L~uie Wilson
Ralph Traxler
Henry Dyson
Schultz
Collier
St.John
John Cadtle
Jimmy Morris
Sam. Eichold
Arthur Prince
Harvey Gandler
.« :J0e Ollinger
John Coleman
Castle
Amiel Brinkley,
Bailey DuMont
Joseph Locke
Jay Altmayer
Richard Nelson
Frank Madison
Mr. Ralph. .Stanard
T.H. Weeks, Jr,
Bob Allen
Arthuy Smith 11X
Paul Thompson
J.W. Coleman
Mary Powell
Paul Brock
Forest .C.
John WwW.
Alfred Deochamps,
Miller
Brantley
gon C.
Michael W.
JX,
Wilson
Metha Schlich
Isabel Pope
OQ.M. Qtts, Jr.
William Thomas
Marshall Fischrupp
J. Gregg Buckalew
Coleman
JX
Jan 1973-June 73
1972-73
1971-73
1972-74
1972-73
1972-73
1972-76
1972-76
1972-76
1971-72
1971-75
|
|
|
|
COMMITTEES
BOARDS
AUTHORITIES
817
MEMBERS
Page 3
TE RMS
Historic Developement
Society
Mrs.
Mrs.
Mrs.
Mrs.
Mrs.
Bailey DuMont
Charles H. Behlen
Charles B. Baur
Stephen Croom
Jack Tipler
Roderick B. Slater
Victor W. Glazner
Mrs.
Mrs.
Mrs.
Mr.
Mr.
William H. March,
George Stone, Jr.
William Thomas
Roderick B. Slater
Michael Brantley
1970-71
1970-74
1970-71 :
1970-70 3 months
1970-71 replacement
818
Ql op Tink 57, /7¢C
AN ORDINANCE |
AN ORDINANCE AMENDING SECTION: ONE OF AN ORDINANCE
10. IDENTIFIED AS ORDINANCE 487-036, 1962, ADOPTED MARCH
- { 20, 1962, CREATING THE MOBILE HISTORIC DEVELOEMENT \ 1 9 S S
aves A AR COMMISSION AND PRESCRIBING THE DUTIES AND POWERS
' THEREOF, ESTABLISHING CERTAIN HISTORIC MOBILE : |
DISTR.CTS, AND CREATING AN ARCHITECTURAL REVIEW
BOARD FOR SUCH DISTRICTS, AND PRESCRIBING THE
‘DUTIES AND POMTRS THEREOF.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
MOBILE that Section One of ordinance {{87-036, 1962, adopted on March
20, 1962, be and hereby is amended to read as follows:
- SECTION ONE: MOBILE HISTORIC DEVELOPMENT COMMISSION
Hit
J. Creation of Cormission. There is hereby created a Mobile Historic :
Development Commission, nereinafter for abbreviation referred to as the
"Historic Cormission", with Membership, Duties and Powers as herein :
designated. : |
2. Member Orozanizaticns. The members of the Historic Commission
shall be selected from member organizations. Member Organizatiors
shall be the Mobile Area Chamber of Commerce, iobile Junior Chamber
of Commerce, Allied Arts Council cf Metropoliten llobile, Historic
Mobile Preservation Scciety, liobile Association of Architects, ational |
Society of Colonial Dames in the State of Alabama, Mobile Chapter,
Junior League of kobile, Downtown Mobile Unlimited, and such other
organizations composed of citizens of the City of Mobile as may be
selected by the Historic Commission, hereinafter established, in
“furtherance of the objectives and purposes stated herein. |
819
| / 4. Term. Members and alternate members shall be appointed for a
period of four (4) years, commencing on July 1 of each year. If a
momber §s absent, without excuse, from three (3) consecutive regular
Historic Commission meetings, such member shall be removed from office.
Any vacancy occurring in the Historic Commission othern than by expiratio
of term shall be filled for the unexpired term of such member, as
provided above in paragraph three of this Section One. The respective
| members of the Historic Commission shall hold office until their term
of office expires on June 30 of. cach ycar. Thereafter on the lst
day of July in cach ycar the Board of Commissioners of the City of
Mobile shall appoint members and-alternate members, as provided above,
caused by the expiration of the four-ycar term-of office of a member.
All members shall be citizens of Mobile County, and shall serve without
compensation. : :
.
| 5. Rules and Reaulations. The Historic Commission shall operate under
a constitution approved by the Board of Commissioners of the City of
Mobile. The Historic Commission shall elect a chairman from among
the members thereof. The term of the chairmanship shall be one year
| commencing the first day of July of each year, with eligibility for
re-election. The Historic Commission shall hold at least one regular
| meeting each month. It shall adopt rules for transaction of business
and shall kecp a record of its resolutions, transactions, findings and
| determinations.
« Purposes, Duties and Powers.
B. Duties and Powers, It shall -be the duty of the Historic
Commission to. exercise such powers as the Historic Commission shall
deem necessary and fitting to carry out the above stated purposes.
It shall also be the duty of the Historic Commission to submit a
written report to the Board of Commissioners of the City of liobile
containing a review of the activities of the Historic Commission for
the previous quarter and the proposed activities for the coming
quarter. Provided, however, that nothing herein shall be construcd
to grant to the Historic Commission any powers, duties or authority
which 3¢ now or may hereafter be granted to the lobile City Planning
Commission or to the Architectural Review Board, or to any other
Board, Commission or Agency of the City of Mobile, or which now or
heréafter may be in conflict with caid powers, duties or authority
of any of the above. Provided further, however, that nothing herein
contained shall be construed to authorize the Historic Commission to
obligate the City of Mobile to czpend any of §ts funds without prior
\approval of the Board of Commissioners of the City of lobile,
~ aooetens MAR 1 51966
Oeuf] vr SN
City Clerk
820
Sodje.
81-040 bh. wi 1972
Qdop Bek 23,
/ 97x
AN ORDINANCE FURTHER AMENDING ORDINANCE NO. 87-036, ADOPTED
MARCH 20, 1962, AND AMENDED BY ORDINANCE NO. 87-018, ADOPTED
MARCH 15, 19%0 , SAID CRDINANCE CREATING THE MOBILE HISTORIC
DEVELOPIENT COMMISSION AND PRESCRIBING THE DUTIES AND POWERS
THEREOF; ESTABLISHING CERTAIN HISTORIC MOBILE DISTRICTS; AND
CREATING AN ARCHITECTURAL REVIEW BOARD FOR SUCH DISTRICTS,
AND PRESCRIBING THE DUTIES AND POWERS THEREOF.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
MOBILE, ALABAMA, as follows: 1
" SECTION 1. That Paragraphs 3 and 4 of Section One of Ordinance
No. 87-018, ‘adopted March 15, 1966, which enended] Ordinance
No. 87-036, adopted March 20, 1962, be, and hereby is further
amended to read as follows: |
"3. Membership of the Commission. 3 -
‘A. Members. All power and authority of the Historic
Commission are vested in not less than eleven delegates of
Member Organizations appointed by the Board of Commissioners
of the City of Mobile, as follows: :
Each Member Organization shall submit three
names to the City Commission from which a
Delegate and an Alternate will be appointed.
The Alternate will have the same powers as
the Delegate, except they shall have the
authority to vote in decisions of the Historic |
Commission only in the absence of the Delegate,
thereby giving each Member Organization one |
vote. ;
The City Commission will be represented by six
persons of their choice, three as Delegates and
three as Alternates with the same voting powers
as above. The Mobile Historic Development
Commission will notify the City Commission
thirty days prior to the date on which terms
of office of their appointments will expire. / |
"4, Term. Appointments are for four years commencing on July 3
‘of each year. By this time nominations for all vacancies occur-
ring by expiration must ‘be submitted to the City Commission by
the Member Organizations. If for three consecutive regular
Historic Commission meetings, ncither Delegate nor Alternate of
a specific lenber Organization is vresent, the Member Organiza-
tion shall He oo notified and asked to roplace said Tepronant od
tives on the next July 1, regardless of the date of expiration
of their terms The respective members of the Historic Commission
shall hold office until June 30th of the year their term of |
office cxpires. Any vacancy occurring in the Historic Coumiscion |
821
Other than by expiration of term shill be £illed for the wnoxpire
term of such representative, as provided above in Paragraph 3 of
this Section One. All representatives of Member Organizations
shall be citizens of Mobile County and shall serve without
compensation."
822
AN ORDINANCE Cekopld meadh 5, 176%
AN ORDINANCE AMENDING SECTION ONE OF AN ORDINANCE
: 18 IDENTIFIED AS ORDINANCE #87-036, 1962, ADOPTED MARCH
8% > QO e&/ - 20, 1962, CREATING THE MOBILE HISTORIC DEVELOPMENT \ 1 906 5) {
ets A A (OMMISSION AND PRESCRIBING THE DUTIES AND POVERS
: THERECF, ESTABLISHING CERTAIN HISTORIC MOBILE
DISTRICTS, AND CREATING AN ARCHITECTURAL REVIEW
BOARD FOR SUCH DISTRICTS, AND PRESCRIBING THE
_ DUTIES AND POVERS THEREOF,
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF
MOBILE that Section One of ordinance #87-036, 1962, adopted on March
20, 1962, be and hereby is amended to read as follows:
L)
SECTION ONE: MOBILE HISTORIC DEVELOPMENT COMMISSION
1. Creation of Commission. There is hereby created a Mobile Histoiic
Development Commission, hereinafter for abbreviation referred to as the’
"Historic Commission", with Membership, Duties and Powers as herein
designated.
LJ
2, Member Organizations. The members of the Historic Commission
shall be selected from member organizations. Member Organizations
shall be the Mobile Area Chamber of Commerce, Mobile Junior Chamber
of Commerce, Allied Arts Council of Metropolitan Mobile, Historic
Mobile Preservation Society, Mobile Association of Architects, National
Society of Colonial Dames in the State of Alabama, Mobile Chapter,
Junior League of hobile, Downtown Mobile Unlimited, and such other
organizations composed of citizens of the City of Mobile as may be °
selected by the Historic Commission, hereinafter established, in
‘furtherance of the objectives and purposes stated herein.
3. Membership of Historic Commission.
A. Members. All power and authority of the Historic Commission
are vested in not less than eleven members appointed by the Board of
Commissioners of the City of Mobile, as follcws:
(1) One member shall be appointed from three nominees
submitted by each member organization;
(2) Three members shall be appointed as special repre=
sentatives of the Board of Commissioners of the
City of Mobile.
B. Alternate Members, The Board of Com SS oors of the City of
Mobile shall, in addition, appoint alternate members, who chall have the
same powers as members, except they shall have authority to vote in
aclslons of the Mistoric Comission only in the absence of the member
for whom they are alternate, as follows: ee
|
B23
(}) One alternate member shall be appointed from the
two remaining nominees submitted by each member
organization for member; :
(2) 1hree alternate members appointed as special
representatives of the Board of Commissioners of
the City of Mobile. :
4. Term. Members and alternate members shall be appointed for a
| period of four (4) years, commencing on July 1 of each year. If a
member is absent, without excuse, from three (3) consecutive regular
Historic Commission meetings, such member shall be removed from office.
Any vacancy occurring in the Historic Commission othern than by expiration
of term shall be filled for the unexpiréd term of such member, as
| provided above in paragraph three of this Section One. The respective
: members of the Historic Commission shall hold office until their term
| of office expires on June 30 of each year. Thereafter on the lst
day of July in each year the Board of Commissioners of the City of
Mobile shall appoint members and-alternate members, as provided above,
caused by the expiration of the four-year term-of office of a member.
| > All members shall be citizens of Mobile County, and shall serve without
| compensation. :
: 5. Rules and Regulations. The Historic Commission shall operate under
a constitution approved by the Board of Commissioners of the City of
Mobile. The Historic Commission shall elect a chairman from among
the members thereof. The term of the chairmanship shall be one year
commencing the first day of July of éach year, with eligibility for
re-election. The Historic Commission shall hold at least one regular
meeting each month. It shall adopt rules for transaction of business
and shall keep a record of its resolutions, transactions, findings and
determinations.
6. Purposes, Duties and Powers.
B. Duties and Powers. It shall be the duty of the Historic
Commission to. exercise such powers as the Historic Commission shall
deem necessary and fitting to carry out the above stated purposes.
It shall also be the duty of the Historic Commission to submit a
written report to the Board of Commissioners of the City of Mobile
containing a review of the activities of the Historic Commission for
the previous quarter and the proposed activities for the coming
quarter. Provided, however, that nothing herein shall be construed
to grant to the Historic Commission any powers, duties or authority
which i¢ now or may hereafter be granted to the Mobile City Planning
Commission or to the Architectural Review Board, or to any other
Board, Commission or Agency of the City of Mobile, or which now or
hereafter may be in conflict with said powers, duties or authority
of any of the above. Provided rurther, however, that nothing herein
contained shall be construed to authorize the Historic Commission to
obligate the City of Mobile to expend any of its funds without prior
approval of the Board of Commissioners of the City of Mobile,
824
7. Sald Historic Commission shall have the power and authority in
addition to all powers conferred on it by the general law, (1)
to purchase, sell, contract to purchase, contract to sell, own,
encumber, lease, mortgage, and insure real and personal property
of all kinds and descriptions; (2) to request, solicit and accept
gifts, donations, pledges, fees, bequests, devices, loans or
appropriations from any source whatsoever; (3) to set up at such
lawful depository or depositories in the City of Mobile as it may
select, a "REVOLVING FUND FOR HISTORIC DEVELOPMENT" which shall
be composed of the monies which may come into its hands from
any source whatsoever and which shall be used for the furtherance
of the objectives and purposes of the Historic Commission, and
(4) the Historic Commission may employ such professional, office,
technical and other personnel as may, be necessary or desirable for
the carrying out in the most efficient manner of the purposes of
such Historic Commission.
8. The Historic Commission shall constitute a non-profit governmental
agency whose funds shall be used exclusively for public purposgs.
Such Historic Commission shall have a tax exempt status, and the
properties of the Historic Commission and the income therefrom,
together with all leases, agreements and contracts made by it,
shall be forever exempt from any and all taxation by the City of
Mobile, including, but not limited to, income, admission, amusement,
excise and ad valorem taxes.
aoptep: MAR 1 51366
City Clerk
825
Ali ORDI.VUCE AL TING IR Ey
? HEU A ame vt credit oate 203 OUTIL md)
: POUERS THEREOF, E372 2015H71L.G CLRT.T 15701 MOBILE
| DISTRICTS, AilD CREATING Al ARCHITICTURAL REVIEW
\ BOARD FOR SUCH DISTRICTS, AND PRESCRIBING THE DUTIES
AND POWERS THIREOLD,
p=
| . 87-036 1962 (lepled Mor. 2¢) 176
{ vuEREaS The Bcard of Commissioners of the City of liobile deem it nec-
essary, in order to promote the general welfare and to preserve the
distinctive and historic architectural character of the City of liobile,
to protect those buildings, streets, ways, sections and approaches haw
ing architectural and historic werth, to insure the new buildings are
designed and constructed as harmonious parts of the City, and to pro-
| tect, foster and extend the gardenlike character of the City, that the
Mobile Historic Development Commission and an Architectural Review
Board be established to carry out these said purposes in Areas herein
designated as Historic liobile Districts, Now therefore,
BE IT ORDAINED BY THE BOARD OF CQMI{ISSIONERS OF THE CITY OF MOBILE AS
FOLLOWS:
l. Creation of Commission. There is hereby created a Mobile Historic
Development Commission, hereinafter for abbreviation referred to as the
"Historic Commission", with Membership, Duties and Powers as herein
designated.
2. Membership, The Historic Commission shall be. composed of eleven
members, The Board-of—-Commissioners—of the City of Mobile shall. poi
- the membership of the Historic-Comnission as follows: (A) one wember
4 shall. be appointed from each two nominees submitted by’ Saol-ofganiznee
tion designated as follows: Ticpile Area “Chamber “of Commerce ;-tiobile—
Junior Chamber of Commerce, Allied Arts. Council of Metropolitan riopile,
tne. Historic liobile Preservation Society, lMobile Association of ~~
Architects, Federated Garden Clubs of #iobile, §Junior League of Mobile,
and. bDowntonw PFiobile Unlimited; (B) three appointed as Special’ "RE&presen-,
tatives of the Board of Commiss sioners Of. the City of Tighiie.
3. Term of 2Apnointwment: Members shall be appointed for a period of
four years, ccmwencing on the effective date of this ordinance, with
the exception that the terms of the eleven members first appointed shall
be as follows: two for one year, three for two vears, three for three
years, and three for four years, Vacancies shall be filled by appoint-
ment by the City Ccnmission. The nominees shall be from the organiza-
tion which ncninated the previous vacating appointee. &All members
shall be Citizens of lMobile and shall serve without compensation,
4. Pules and Regulations, The Historic Commission shall operate unéer
a ccnstitution as approved by the Board of Commissioners of the Citv ol
Mobile. The Historic Ccmmission shall elect its Chairman from amcng
the members thereof, The term of Chzirmanship shall be one year witn
eligibility for re-election, The Historic Commission shall hold ac
least one regular meeting in each month. It shall adopt rules for
transaction of business and shall keep a record of its resolutions,
transactions, findings, and determinations,
5. Purposes, Duties and Powers, (4) Purposes, The Historic
Commission shall huve as its purposes (1) the preservation and protzc-
tion of buildings, historic and architectural value in the Historic
Yioblle Districts, as defined in Section Three, Subsection Two, of this
Ordinance, and the maintenance of the distinctive character of thece
Districts, (2) the fostering and cncouraging of the preservation, rage
toration, and utilization of Luildings of historic and architectural
value in ths Historic i.obile Districts, (3) the develomuent and proinoc-
“tion of Historic liohile Districts, in accordance with the liobile lancer
Plan, as continuing mejor tourist akbractions of historic and econoinic
valta, (B) > Duties.-und Pounrsn, It shall bao tho duty of the Hictoric
Commission to cxercice sucn powers as the Historic Commission chall
deem necessary and fitting to carry out the above stated purposes, It
shallralso ba the duty ofthe lictoric Commission to submib a written
report to the Board of Commisziorcrs of the City of lobile containing
a review of the
826
. So”
activities of the His storie Commission for the previous quarter anc
* ( the proposed activities for the coming cuarter, Provided, however,
that nothing hernin shall be construed to grant to the Historic Ccm-
mission any powers, duties, or authority which is now or may here-
after be granted to the liobile City Planning Commission or to the
Architectural Review Board, hereafter established, or to any other
Board, Commission, cr agency of the City of liobile. Provided further,
| however, that nothing herein ccntained shall be construed to authorize
the Historic Commission to Obligate the City of Mobile to expend any
of its funds without prior approval of the Board of Commissioners of
\ the City of Mobile,
SECTION TUO: ARCHITECTURAL REVIEW BOARD
l. Creation of Board. There is hereby created an Architectural Re-
view Board, hereinafter for abbreviation referred to as the "Board",
to be composed of five members, all of whom shall be citizens of the
"City of Mobile, The members shall be appointed by the Board of Com-
missioners as follows: one from a list of two persons recommended by
the Ristoric liobile Preservation Society; one from a list of two per-
sons recommended by the Historic liobile Development Commission; and
three from a list of six qualified and registered architects who are
members of the american Institute of Architects, recommenced by the
Mobile Association of Architects. The terms of the five members first
appointed shall be one, two, three, four and five years respectively:
thereafter, each of the members shall be appointed for a texm:ofifive
years, Whenever the term of a member expires or a vacancy otherwise
occurs, the vacancy shall be filled in the same manner in which the
original appointment was made. Members shall continue to hold office
until their successors have been appointed and qualified. Members
shall continue to hodl office until their successors have been appoint-
ed and qualified. Iiembers shall serve without compénsation.,
2. Organization, The Board shall elect from among its members a Chair-
man and such other officers as it may determine. The terms of officers
shall be one year, with eligibility for re-election, and officers shall
serve until their successors are selected and qualified. The Board
shall adopt rules for the transaction of “business and shall keep a
record of its resolutions, transactions, findings and determinizations,
which record shall be a public record. Ilieetings shall be held at regu-
lar intervals, but at least monthly. The Board may appoint such ewmfiocy-
ees as it may deem necessary for its work, whose appointment, prcmotiorn
demotion, and remcval shall be subject to the same provisions of law
as govern other civil employees of the City of liobile. The Board nay
also contract with architects and other consultants for such service
as it may require, The exv»enditures of the Board, exclusive of gifts,
shall be within the amounts aprn=opriated for the purpose by the Board
of Ccmmissioners, which shall provide the funds, equipment and accommo-
ations necessary for the Board's work,
3. Duties, The Board shall have as its purpose the preservation and
protection of buildings of histcric and architectural value in the
Historic lMobile Districts and the maintenance of thz distinctive char-
acter of those Districts, To this end, it shall be the. duty of the
Board to pass upon plans for buildings lccated or to be located with-
in one of the Historic lFiobile Districts,
rs,
Irdependence Day Celebration Committee Ordinance No. 65 - 113, of
hol ad 1 Bla 7- 5-72
ayo i : loa term
: : : ~ RIE Y lao ne EL Ree ~ PRESENT TERM . Jie FEROCNWENDED
YaemnS APPOINTED REAPPOINTED * N rs EXPIRES * BY
“ajor H..3. Thoms 12- 4-75 10 3-76
University of South Alabama
Asst. Professor Military Sclence
Lith dl niversity Blvd., 36688
ef Peter Crolich, Jr. 12- 4-73 12- 4-75 12- 4-76 Greenough
167 Mohawk St “ok
Crexrles H. Higdon 12- 4-73 12- 4-75 ‘ 12- 4-76 Greenough
L454 Kingswood Dr., 08
LC
8
Gacrge H. llettles 12- 4-73 12- 4-75 12- 4-76 Greenough
1230 North Dr., 05
476-3383 .
Earn) Argdrews 12-473 12- 4-75 12- 4-76 | Doyle
705 F. Salvia St, 06 ;
Crarles Dovdle : 12- 4-73 i 12- 4-75 12- 4-76 Doyle
5354 E. Dogwood Ct, 09 §
€61-7770 :
«=r Lockett 12- 4-73 12- 4-75 12- 4-76 Doyle
155 Mohawk, 05
:
432-1701
Ben Marshall 12- 4-73 12- 4-75 12- 4-76 : Doyle
15% Batre Ln, 06
LT1-5065
Tr@sperrerre Day Celebration Cormittee (2) Ordinance No. 65 - 113, of
7- 5-72
1 year term
3L4-1112
47°-3072
y CnaaanattyY = : es PRESTR 5 RECCLOENDD
ECA APPOINTED REAPPOINTED "°° "EXPIRES BY
H. leroy Davis 12- 4-73 12- 4-75 12- 4-78 Mims
3755 Stelps Ln, 08 : :
C. H. "Doz" Murray 12- 4-73 12- 4-75 12- 4-76 Mims
957 Spring Hill Av, 04
Herry J. O'Conner 12- 4-73 12- 4-75 12- 4-78 Mi-g
315 Dexter Av, O4 Ge
o
1t. Col. Marshall L. Moore 12- 4-75 12- 4-76
Professor of Military Science
University of So. Alabama
307 University Bivd., 36688
L
Cdr. Hal Pierce 12-10-74 12- 4-75 12- 4-% Other C. Lockett
U. S. avy Reserve
Rt. 5, Box 78-G
Mobile, Al. 35608, 471-2571 |
Major James W. Bryant, Jr. 12- 4-75 12- 4-76
Mobile Recruiting Area
Post Office Box 16752, 36616
: 829
AN ORDINANCE CREA, 'G THE CITY CF MOBILE INDL NDENCE DAY CELE-
BRATION COMMITTEE, ~PRESCRIBING TIE PURPOSES AND DUTIES THEREOF,
AND THE COMPOSITION AND TERMS OF OFFICES OF THE COMMITTEE.
(CplegZed Gets, 55 )F 7 2.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE,
ALABAMA, as follows:
SECTION 1. There is hereby created and established an advisory
board of fifteen (15) members to be known as the "City of Mobile
Independence Day Celebration Committee", the members of which
shall be appointed by resolution of the Board of Commissioners of
the City of Mobile.
SECTION 2. Members of said board shall be bona fide resident
citizens of the City of Mobile. Seid board shall be constituted
as follows: a total of fifteen (15) members, five (5) members to
be appointed by each of the three Commissioners of the City of
Mobile. The term of office of all members shall be one (l) year,
— Se —————
and all vacancies shall be filled by the Board of Commissioners
of the City of Mobile, and the appointment of any person to fill
a vacancy shall be for the remainder of the term of the person
whose vacancy is being filled. Members of said board shall serve
without compensation.
SECTION 3. The members of the City of Mobile Independence Day
Celebration Committee shall immediately after their appointment,
meet and organize and select a chairman from its own membership.
Said board shall thercafter meet as decided upon by the board.
Said board shall have the power and authority to advise the Board
830
of Commissioners of the City of Mobile on the planning, program-
ming, promulgation, promotion, financing and funding, administration,
execution, and encouragement of an Independence Day Celebration for
1973, in order that the benefits to every Mobilian of the Julv 4,
1976, manifesto of freedom will be brought to our citizens
attention, and to prepare for the 200th anniversary of the original
signing of the Declaration of Independence, in July 1976.
Adopted: July 5, 1972
¢ oo
mn 37) 4 rr > » -
0 LTP RA Ce A Amgen sta ’
City Clerk
Act No. 048, series 1949, Regular Se )
of the Lexlslature of the Sate of Al., amended
TYDUSTRIAL DEVELOPMENT BOARD -— er-fet)
Mr. Julian Smith, Secretary, c/o Chamber of Commerce, P. O. Box Ltr i 133-6951
ChIoTNALLY PS NE HRY, Reo
2208S APPOINTED "REAPPOINTED "© EXPIRES BY
0. H. Delehawps, Jr. 10- 1-74 11-14-76 _ Mobile Chamber of Cormerce
116 Pinebrook Dr, 03, 344-3966
J. TF. Cochrane, Jr. 11-14-62 11-14-70 11-14-76 Mobile Chamber of Commerce
228 S. McGregor Av, 08, 342-6785 :
Mm. C. Farmer 11-15-72 11-14-76 Mobile Chamber of Commerce
Farmer Const. Co., Inc.
2152 Halls Mill Rd.,06, 478-3346
J. Roy Smith 2 - 9-71 11-14-76 Mobile Chamber of Cammerce
1100 Dauphin St, O04, 433-1611
W. H. Armbrecht 11-14-7c sh 11-14-78 Mobile Chamber of Cormerce-
Armbrecht, Jackson & DeMouy
Merchants Natl. Bank Bldg., 02, 432-6751
TE
S
E. A. Benson, Sr. 11-14-72 11-14-78 Mobile Chamber of Cormerce
22 Delouy Av.,06, 473-1310
Ross Grady 11-14-72 11-14-78 Mobile Chamber of Cormerce
Grady Buick
3025 Highway 90 W., 09, 476-2550
R. B. Radcliff, Jr. 11-14-72 11-14-78 Mobile Chamber of Cormerce
Lakewood Estates, Point Clear, Al.
James S. Crow, Pres. 11-14-71 1-14-75 11-14-80 Mobile Chamber of Cormerce
1st Nalt. Bank, P. O. Box 1467, 21, 438-3441
E. Ward Faulk, Pres. 11-14-68 1-14-75 : 11-14-80 Mobile Chamber of Cormerce
Merchants Natl. Bank, 106 St. Francis St, 22, 438-1711
M. S. Metcalfe 11-14-72 1-klU-75 11-14-30 Mobile Chamber of Cormerce
Loyal American Life, 2460 Government, 09, 471-5481
” .
“Fores D. Pnillips 1-14-80 11-14-80 Mobile Chamber of Cormerce
Pres. Central Bank of Mobile, M.A.
Post Office Box 10397, Prichard, Al. 36610, 438-9752
TX DUSTRIAL DEVELOPMENT BOARD (page 2)
TC rORIGINATIY i ea . T PRESWNY NohM | RECOMMENDED
VERS APPOINTED FEAPPOINTED © EXPIRES BY
C. M. A. Rogers, III, Pres. 1-14-75 11-14-80 Mobile Chamber of Commerce
American Natl. Bank, P. O. Box 1628, 36629, 433-0411
E. Frank Schmidt 1-14-75 11-14-80 Mobile Chamber of Commerce
Y12 Empress Dr, 09, 344-5239
NO
Gerald E. Williamson 11-15-72 11-14-80 Mobile Chamber of Commerce
Williamson Printing
2500 Commercial Park Dr, 09, 479-4861
Teo techrey g Secrethrry
Crambece Commerce
fC. er 2137
mebie, Ala ~ ol
833
CERTIFICATE OF AMENDMENT
TO
CERTIFICATE OF INCORPORATION
OF
THE INDUSTRIAL DEVELOPMENT BOARD OF
THE CITY OF MOBILE, ALABAMA
We, the undersigned, acting pursuant to the provisions of
Title 37, Section 820, Code of Alabama, 1940 (Recompiled 1958),
do hereby certify that that certain article of the Certificate of
Incorporation of The Industrial Development Board of The City of
Mobile, Alabama, as amended, which is entitled "VI" is hereby
further amerded so that said article, as further amended, will
read as follows:
”" VI
The property and business of this corporation shall
be managed by its Board of Directors, consisting of
fifteen (15) members, who shall be duly qualified
electors of and taxpayers in the City of Mobile,
Alabama, shall not be officers or employees of
said City, and shall be elected in accordance with
the provisions of the applicable laws of Alabama,
by the governing body of said City. The terms of
each of the thirteen (13) incumbent directors shall
continue in accordance with the terms and provisions
of each existing appointment. There shall be elected
two (2) additional members; the term of one such ad-
ditional director shall expire at midnight on November
14, 1976 and the term of the other such additional
director shall expire at midnight on November 14, 1978.
After the expirations of the terms of the incumbent
directors and the newly elected directors, the terms
of the members shall each be six (6) years. Any
vacancy in the membership of the Board shall be filled
by election of the said governing body."
IN WITNESS WHEREOF, the undersigned, being all of the
Directors of The Industrial Development Board of the City of
Mobile have hercunto set their hands and ‘seals on this the FoZf
day of January, 197s.
'W. H. ARMBRECHT, JR.
E. A. BENSON
CU
EU
R
ZA
A
Kl
is
834
NY ad ifn
IGN T — X GCITRANE | 534 .
Le 223, . —
~ JAMES S. S. CROW
L Lie ona
ELCHAMP SJ JR.
=
E. WARD FAULK
nn! Lin (=>
M. C. FARMER
ROSS G Y thnelf/ SE
MATTHEW S.¢cAETCALFE, hg BW
(fapZ foes, /
dy |
Ag IIT 0
Cc. ERS, III
tt
=i SMITH
oh =
GERALD E. WILLIAMSON
T
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835
INCUMBENCY CERTIFICATE
The undersigned Officers of the City of Mobile, Alabama
(herein called "the Municipality"), do hereby certify as follows:-
l. The Municipality is now and has been for morc than
One Hundred (100) years a municipal corporation duly organized
and existing under the Laws of Alabama. To the best of our
knowledge and belief there are no local or special laws of the
State pertaining to or having any bearing on or restricting the
exercise by the Municipality of any power or authority in con-
nection with any of the matters hereinafter referred to.
2. There has been no repeal, rescission, change, alteration,
or amendment in any of the proceedings of the governing body of
the Municipality respecting the authority to incorporate, the
incorporation, the organization of The Industrial Development Board
of the City of Mobile, Alabama, and/or the election and appoint-
ment of the members of the Board of Directors of the said The
Industrial Development Board of the City of Mobile, Alabama.
3. Pursuant to the authorization granted by the governing
body of the Municipality, The Industrial Development Board of the
City of Mobile, Alabama was duly incorporated as a public corporation
under Act No. 648 of the 1949 Regular Session of Legislature of
Alabama, as Amended; its Certificate of Incorporation is duly
recorded in Real Property Book 375 page 355 et seq, in the office
of the Judge of the Probate Court of MObile County, Alabama.
4. The following named persons are the members of the
Board of Directors of The Industrial Development Board of the City
of Mobile, Alabama, having been duly elected as such by the governing
body of the Municipality, for the term of office set out opposite
each name, that is to say:-
g
E
g
Q
Nd
y
h
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dd
d
Wa
i
836
: "N/ Vv
W. H. Armbrecht, Jr. November 14, 1978 |
E. A. Benson November 14, 1978
John T. Cochrane, Jr. November 14, 1976 !
James S. Crow November 14, 1980 =
0. He. Delchamps, Jr. November 14, 1976 =
E. Ward Faulk : November 14, 1980 id
M. C. Farmer November 14, 1976 op
Ross Grady : November 14, 1978 yg
Matthew S. Metcalfe, Jr. November 14, 1980 Ba
R. H. Radcliff, Jr. November 14, 1978 og
C. M. A. Rogers, III Hovener 12. 1980 = |
J. Roy Smith November 14, 1976 2 |
Gerald E. Williamson November 14, 1980 3
Each of said Directors is a duly qualified elector of - : |
and taxpayer in the Municipality and each is a member of the |
Chamber of Commerce of the City of Mobile. None of said
Directors is an officer or employee of the Municipality.
WITNESS our signatures and our official capacities herein-
after specified, under the seal of the Municipality, this [2
day of February, 1975.
'
President of the Board Lf
of Commissioners
City Clerk. LN
- > 4 Se ee >
1 55 J H ve.
, x ." Ui Viv, ,
3 9 [<] N ) y - s, \
>= Vo] 2 J B sy, A ; / =4 RD Na x X a tie RN \ Jeff E- oxid 4 gs |g HSE m= seR0R aL x
wes “a ol. ) AD .
+= = oo 8 3 . \ vob v3 al:
el lt lee 5 1g Yor aN Vo wy LR
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© qin 949
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:
[S22 Le i Title 25, Chap. 2, Sec. 5 thru 30 of the Code of Al.,
0 d recompiled 1958 pursuant to an act of the Legislature
§.0 OA originally ado one in 1935
Mobile Housing Board
5 your tem 000 Comise gots TH
= SR Oe PRESENT Tei ReeUiienom)
VINECES APPOINTED ‘REAPPOINTED ' °° EXPIRES BY
John F. Gray 9- 1-70 8-31-75 Bailey
670 Stanton Rd, 17, 342-0850
Howard V. Adair. FTA 9-"1-71 8-31-76 Doyle
3058 Calais, 06, 473-2254
0
David Friedlander 9- 1-72 8-31-77 Mims
89 Silverwood, 07, 479-0667
Norman E. Cox 9- 1-68 8-31-73 8-31-78 Mims
109 Ellinor, 06, 456-4571
Cerald W. Ellis 8-31-74 8-31-79 Srearough
2557 Military Rd, 05, 479-5331
Title 25, Chapter 2, Section 5
MOBILE HOUSING BOARD through 30 of the Code of Alabama
Recompiled 1958, pursuant to an
5 year terms : act of the Legislature originally
: adopted in 1935
: ORIGINALLY PRESENT TERM RECOMMENDED
MEMBERS i : : APPOINTED = = REAPPOINTED EXPIRES BY
Charles Bedsole 9-1-67 : 8-31-72
BY
106 North Royal 36602 w——
Norman E. Cox : 9-1-68 8-31-73
109 Ellinor 36606
O, C. Lockett 9-1-69 8-31-74
155 Mohawk 36606
8€
8
John FP, Gray O=1=70 8-31-75
670 Stanton Road 16617
Howard V. Adair O=1-7] 8-31-76
3058 Calais 36606
Ex Officio Member
James R. Alexander, Jr.
Secretary-Executive Director
Mobile Housing Board
Post Office Box B45
36601
MBITIF LITERARY BOARD
Yr wre
Ordinance of 6/8/48
* ORIGINALLY aan = Cv. PRESENP NER. . RROONMENGED
FoIRS | © APPOINTED REAPPOINTED" * " Epes BY
wiley Butler, Jr. 2/25/75 9/30/78
#54 Ww. Creex Circle Dr, 17, 471-5744
Arti B. ‘Pope 2/25/75 9/30/78
po
3805 ~Alvport Blvd, 08, 344-5520
Syd Gould 2/25/75
£24 Gevt. Blvd., 09, 666-0893
“rs. lzmes D. MePhillips 10/ 1/72
19 Croydon Ed, 08, 342-5342
Ch denPozers, 117 o/ 1/72
<210 024 Shell R3., 08, 433-0511
Mrs. Edwin Zelnicker, Jr. 11/25/75
151 Tuthill In, 08, 342-8341
Mr. A. Danner Frazer, Jr. 11/25/75
Armbrecht, cackson & Demouy
Room 1101, Merchants National Bank Bldg.
Nobile, Ala. 368602, 432-6751
9/30/77
9/30/76
9/30/76
9/30/79
9/30/79
6€
8
MOBILE LIBRARY BOARD
’
Ordinance of 6-8-48
4 year terms
PRESENT TERM RECOMMENDED
ORIGINALLY
MEMBERS APPOINTED "REAPPOINTED EXPIRES BY
eo 9-30-68 9-30-72
Mrs. V...I. Morriscette — ——
President, Jnnior League
350 Church Street 36602
Edwin A. Zelnicker (Chairman) 9-30-68 9-30-72
P.0.>Box.-2008
Mobile 36601
Ernest Tenser
on
6 Springbank Road FS
Mobile 36608 10-1-69 9-30-73 i
J. PT. Gaines, Principal 10-1-70 10-11-74
Central High School
1365 David Avenue 36603
Jack Gallalee 10-1~70 10-1-74
Attorney at Law
50 Saint Emanuel St. 36602
Mrs..Aniel W. Brinkley, Jr.
34 Buerger Road 10-1~-71 9=-30~75
Mobile 36608
John H. Friend : 10-1-71 9-30-75
261 N. Joachim Street
Mobile XEERI3X 36603
Ex Officio Member
Mobile Library
Board
841
Mr. Gordon B. Kahn
Mr. James D. McPhillips
Mr. C.M.A. Rogers ,l111
Mrs. Amiel W. Brinkley, Mr.
Mr. John He. Friend
Jack Gallalee
J.T. Gaines
Mr. Ernest Tenser
1973~
1972-
1971~-
1970
1969-
71
76
25
74
23
Mrs. Vaughan Inge Morrissettel968-72
Mr. Edwin A. Zelnicker
Mrs. John Van Aken
Mr. Norman A. Nicolson
Mr. Nicholas S. McGowin
My. Ken L. Lott
1967-
1966~-
71
70
842
AN ORDINANCE
PROVIDING FOR TH&Z REGULATION OF
THE MOBILE PUBLIC LIBRARY
oP er e—
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF MOBILE AS FOLLOWSP :
Section 1, GOVERNMENT AND SUPERVISION VESTED IN BOARD:
MEMBERSHIP AND ELECTION OF BOARD. The government and supervision
. of the Mobile Public Library hereinafter referred to as the
"Library shall be vested in a board, hereinafter referred to ac
the "LIBRARY BOARD", the members of which shall be appointed by
—— > —-— EE SEIS oe 2 A A Dl MMI i wt
the Board of Commissioners from nominations made by the Library
———————————————— EE —————————————————— ee — ee
Board at its annual meetings, the Library Board to consist of
seven (7) or five (5) members, ‘the nuiber to be determined at
each annual meeting of the Library Board at the time nominations
are made. The members first appointéd following the adoption of
this ordinance shall be selected from nominations made by the
presently existing Library Board.
Section 2, TERMS OF BOARD MEMBERS. The terms of membership
A Rs
on the Library Board as first appointed for one member shall be
for one year, for two members shall be for two years, for two mem-
bers shall be for three years, and for two members shall be for
four years, and after the first term, all appointments shall be
for four years.
Section 3. VACANCIES ON THE LIBRARY BOARD. The Board of
Commissioners shall fill all vacancies, including expired and un-
expired terms, from nominations proposed by the Library Board.
Section 4, COMPENSATION OF BOARD MEMBERS. Members of the
Library Board shall serve without compensation.
Section 5. OFFICERS OF BOARD: BY-LAWS, The Library Board
shall elect ites officers and adopt its by-laws,
Scetion 6, POWERS AND DUTIES OF BOARD. The Library Board
shall be vested with the following powers and perform the follow-
ing duties:
> —
(a) It shall have full power and authority to control. the
expenditures of all funds received or appropriated for the
Mobile PFublic Library.
(b) It siLull have power to erect or rent buildings, with
the approval of the Board of Comnaiassionersz, to cnit not
in excess of the funds avallablo to it.
(¢) It shall be authorized to purchase booky and equivment
awd to provide oo syutow of Vibrant services Lo bes wide
esl oar HS Gy al Pedy. a, of Lier chlo grt ran any 1
843
/ central library, branches, stations, book truck service,
or other appropriate means.
(d) It shall be authorized to elect a Director and other
employees. Such director shall be a professionally
trained librarian,
(e) It shall be authorized to receive gifts and adminis-
ter trusts,
(£) It shall be authorized to borrow books from and to
lend books to other libraries.
(g) It shall be authorized to make contracts with other
agencies for the providing of library service outside
the city, subject to the approval of the Board of Commis-
sioners. /
Section 7. GIFTS. Any property donated to the Library
Board shall immediately become the property of the City and by
the Board of Commissioners kept for the benefit of the Library.
Section 8. LIBRARY RECORDS AND MINUTES OF BOARD MEETINGS.
A careful and complete récord and set of books shall be kept
by the Library Board, showing the proceedings of their several
meetings and the receipts and disbursements in detail of all funds.
Section 9. ANNUAL FINANCIAL AND ADMINISTRATIVE REPORT OF
THE BOARD. The Library Board shall prepare a written financial
and administrative report at the close of thé fiscal year of the
City, and the same shall be presented to the Board of Commission-
ers thereafter.
Section 10. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Adopted:
June 8, 1948
/s/ S. H. Hendrix
City Clerk
GREATER MOBILE MENTAL HEALTH-RETARDATTON BOARD.
FLY x
EI TTT ITT THR TD
MEMBERS APPOINTED REAPPOINTED ' "°° EXPIRES" a BY .
Dr. William C. Daniels i= 1-75 N= 1=77
118 N. lLavfavette Street. 04. 433-6942
Iyman F. Holla, Jr. Ye 175 | be 1-79
717 Westmoreland Dr., W., 09, 344-0261
Mr. Donald Smith, Jr. B 4- 1-75 4- 1-79 L
803 Nassau Dr., 08, 344-8008 ‘ >
Mc. William E. Deneke 4 1-75 4- 1-81
3908 Woodmont Dr., 09, 438-1711
Mrs. S. (Annelle W.) Jerome 4- 1-75 : 4- 1-81
4052 Japonica Ln, 09, 666-2869
845
CERTI®ICATE OF INCORPORATION
GREATER MOBILE MENTAL HEALTH-MENTAL RETARDATION BOARD
The undersigned, residents of Alabama and of Mobile
County, and of the area which will be served by the
corporation herein created, each of whom is a natural
person over the age of twenty-one (2]).years, desiring
to organize a public non-profit body corporate under the
laws of the State of Alabama, and more particularly under
the provisions of Act 310 adopted by the Alabama Legislatuge
at its 1967 Regular Session, do hereby make, sign, and filo
—
this Certificate of Incorporation as follows:
.1. NAME OF CORPORATION
The name of the corporation shall be GREATER MOBILE
MENTAL HEALTH-MENTAL RETARDATION BOARD, INC.
2. LOCATION OF PRINCIPAL OFFICE
The principal office of the Corporation will be located
in the City of Mobile, Alabama. The initial agent of the
Corporation is JOSEPH N. LANGAN , whose address
is 267 Houston Strcet, Mobile, Alabama .
3. AREA OF SERVICE
The arca which will be served hy the Corporation shall
be Mobile County, Alabama.
J en
4. NAMES OF APPROVING GOVEPNING LODILS
Names of the governing bodies with which application was
filed for approval of the formation of the Corporation in
conformity with Section 3 of said Act 310 of the Alabama
846
Legislature, 1967 Regular Session, are the governing bodies
of Mobile County, Alabama, and the City of Mobile, Mobile,
Alabama. A copy of the approving resolution by each of the
two aforesaid governing bodies is attached hereto. . |
5. PROGRAMS AND PURPOSES
The programs which the Corporation will ‘implement and
the purposes for the Corporation is formed are: |
z » -
a. The planning and taking of other steps leading to
comprehensive State and Community action to combat any and
Ly
all forms of mental disabilities; dncluding but not limited to
|
| - mental or emotional illness, mental retardation, alcoholism,
SH a, pre. Re CA
drug addiction, and epilepsy;
b. Studies of the needs and available resources of the
BC ——— :
State in relation to the above, the development of public awareness
of the said disabilities and the need for combating them and the -
coordination of State and local activities relating to the various
aspects of mental illness-mental.retardation;
c. The conducting of, research relating to human
Ql
development, whether biologicial, pedicgl, social, or behavioral,
which may assist in finding the causes and means of prevention of
Ld
mental illness-mental retardation:
d. The providing of any onc or more of the following
services: inpatignt, outpatient, partial hospitalization,
emergency care, community education and consultation, diagnosis,
-
evalugfion, rchabilitiatjon, precarg, residontial care, aftercare,
E————.,
oe? and the prevention of all forms of mental illness-mental retardation;
e. To provide for clinical training of technical and opacialjned o- —
personnel necded for rescarch, diagnosis, treatment, cducation,
—
training, or care of the wentally 1ll-mentally retarded,
847
RN) ’
Purprse
f. To contract with others to pcrforn and carry out any of the
above programs and purposes;
g. To contract with the State Board gl dicalil and the
ER ae
Alabama Mental Health Board, or either of them, in carrying out
mental health-mental retardation programs within its arca of service;
h. To receive funds from the United States Government, the
Be Sei
State of Alabama or any local government within the State of Alabama
or any other public or private source, “and to expend the same in
the furtherance of its programs and purposes;
i. It is the intent of the incorporators that the corporation
shall provide no direct Services to patients or clients. It will
provide through the corporation an agent for the establishment
Bc.
of a number of comprehensive community mental health services and/or
am
centers. It is intended that these services or centers be established,
EA-
consistent with the over-all nealth planning for the area, under
applicable rules and regulations or the Alabama Mental Health Board,
JE
the State Board qf Health, and of the agencies of the Federal
Goygrament making funds available for the purpose, through contracts
- i LL
for serviced with community mental health centers, existing medical
a
institutions, health departments and hogpitals, and other mental
health agencies, acting ipde=ecpdently through their own administrative
_——
and professional staffs, and without intervention by the corporation
adS———
ER —
in the professional-patient relationship or in tne medical treatment
or administrative procedures of the contracting agency concerned.
The corporation would serve in this cndeavor basically to
survey the mental health necdo of the people of the areca, to detormine
where such comprehensive community mental health services are needed
pr}
and can most advantageously be placed, to center into contracts
with existing institutions and agencies to establish and conduct
848
(Purpose Conk )
such scrvices, to assist such contracting institutions and
1 ‘oderal fundg for the agencies in obtaining
J rt i eA A
construction of such new facilities and the provision of such
operating funds as mav be _pogogsary, in the development of the
program, and otherwise to scrve as the initiator and coorgiinator
of local mental hcalth services in the areca.
In all these endeavors the corporation intends fully to
cooperate with all public and volunteer agencies and to enter
into such cooperative agreements or contracts as may be neces-
sary or advisable to insure coordination and continuity of
community mental health services in the area.
j. Any combination of any of the foregoing.
6. PERIOD OF DURATION
The period of duration of the corporation shall be
perpetual.
7. POWERS
The corporation is authorized and empowered to exercise
the following powers:
5 ;
a. To construct and maintain facilities as defined herein;
.
b. To cooperate and contract with the State Board of Hcalth
for the construction, operation, and maintenance of such
’
—
facilities and for the operator amd—ereewtion-0of Such programg
——————
as it has ‘elected to implement;
oy
c. To cooperate and contract with the Alabama Mental Health
Fapmape
Board for the copngtruction, operation, and maintenance of such
——————
[3 facilities and for the operation and exccution of such programs as
——————
it has elected to implement;
d. To take over hy purchase, lease, or otherwise any
hospital or other facilities to be used for carrying out
such programs as it has elected to implement;
849
e. To purchase, lease or rent any lani, building
structure, or facilities needed in its operations;
f. To obtain options upon, and to acquire by purchase,
| gift, grant, bequest, devise, or otherwise, any property or
interest therein from any person;
g.. To sell, exchange, transfer, assign, or pledge
| : any property, or any interest therein to any person;
h. To improve any such property;
| i. To insure against such risks as it may deem advisable;
| j. To borrow money upon its bonds, notes, warrants,
debentures, or other evidences of indebtedness, and to secure the
same by pledges of its revenues;
k. To have perpetual succession;
i. To make and execute contracts and other instruments
necessary Or convenient to the exercise of its powers;
.
v
m. It is authorized and directed to determine reasonable
| fees for such services which it makes available to the public,
and it shall collect such fees unless, on application
and investigation, it is determined that the person receiving
such services is unable to pay the established fee, and in
| such case, such amount as he is able to pay will be collected;
n. To make and from time to time amend and repeal hy-laws,
and rcqgulations not inconsistent with Act 310 of 1967;
o. To carry into cffect the powers and purposes conferred
by Act 310. 0f 1967; and
850
|
|
|
p. To du any and all other things necessary or convenient
to act out the powers given in Act 310 of 1967. It shall, in
addition, have the power to sue and be sued in its corporate
name, to contract with others the performance by them of
any of its powers, and to exercise all other powers vested in
non-profit corporations as now defined by the laws of Alabama
or as may hereafter be enacted.
, -
8. BY-LAWS
The initial By-Laws of the Corporation shall be adopted
by its Board of Directors. All alterations, deletions,
additions or amendments must be approved at a meeting of the said Board by a majority of the members attending and voting.
9. DIRECTORS AND THEIR TERMS
The Corporation shall have a Board of Directors consisting
U
Y
_
n
s
of nine (9) members. Initially, the City of Mobile shall by
EEE ——
resolution designate five (5) members of the Board, and the
— —
governing body of Mobile County designating four (4) Board
members. Those designated by the City of Mobile shall bear |
Board oupRgred positions 3, 58 1 and 24 and those appointed by |
the governing body of Mobile County shall bear position number |
2, 4, 6, and 8. The City of Mobile shall determine that Board
member bearing position No. 1 shall fairly and adequately
represent the interests of mental retardation in the community,
EE ATs
and the Board member bearing pogition no. Jeshall fairly and
adequately represent the ggterests of mental healll dn thee
C unity. The governing body of ile County shall determine
that its Board member bearing position No. 8 shall fairly and
adequately represent the interests of mental retardation in the
community, and that its Board member hearing RQition Hoa 4 cnall
fairly and adequately represent the interests of [edd legal in |
851
| Page 3
3/25/75
| Mr. John Hudson, Manager, Intergovermental Relations, advised that he has contacted
| the following persons xnxkafexemge to determine if they are willing to serve on
the Greater Mobile Mental Health-Retardation Board, and they have all agreed:
MrS. Shepard Jermme, Mr. Bill Deneke, Mr. Donald Smith, Jr, Mr. William Daniels,
and Mr. Lyman Holland. The City Clerk was instructed to prepare the nec.res. for T. agenda,
-appoiting these individuals to the Board. (no corres)
852
the community. In making such determination, it is requested
A
that the appointing authority request the recognized mental
health advocate body in its area to nominate persons to fill
the appointments for representation of the interests of mental
health in the community, and request the recognized mental
retardation advocate group to nominate persons to fill the
appointments for the purpose of fairly and adequately
representing the interests of mental, retardation in the
community. The initial members shall be appointed for a
term ending at noon on April 1 of succeeding odd numbered
calendar years following their initial appointment, with
( 4 ; positions(1) 2 ana) ending noon, April 1, 1975, positions +.G.)
and 6 ending noon, April 1, 1977, and position?) 8, ana()
ending noon, April 1, 1979. Thereafter, the respective governing
bodies shall appoint a successor to Sach! Director as his term
shall expire, for a term of.gikelSl.ygars, with each term of
office ending at noon, on April 1, as set forth above, and with :
each director serving until his successor shall be appointed. The
positions shall be filled by the: governing body making the |
inital appointment for that position, and with positions 1, 4, |
7, and 8 to represent the interests hereinabove set forth. A |
member of the Board of Directors shall hold office until his
successor has been appointed and qualified. The respective
appointing authority shall appoint or reappoint a qualified
person as a member of the Board of Directors whenever a member's |
term expires or whenever his position becomes vacant for any |
other rcason. A member of the Board of Directors shall rcoceive
no compcnsation for his services,
853
10. NON-PI'OFIT
The Corporation is not organized for pecuniary profit nor
shall it have any power to issue certificates of stock or :
declare dividends, and no part of its net earnings shall enure
to the benefit of any member, director, or individual. The
balance, if any, of all money received by the Corporation from
its operation, gifts, contributions, or otherwise, after the
oo -“
payment in full of any debt and operations of thé corporation
of whatsoever kind and nature, shall be used and distributed
exclusively for the mental health-mental retardation purposes
for which this Corporation is organized. The Corporation suall
have no members.
Funds appropriated by any county or Qunicipality shall be
used for the benefit of dts citizens, The Board shall comply with
any existing minimum standards of maintenance and operation that may
be adopted by the State Board of Health and the State Mental
liealth Board.
12. AMENDMENTS
Amendments to the Certificate of Incorporation may be
made by proceeding in accordance with the provisions of Act
310, Section 11.
13. DISTRIBUTION AND DISSOLUTION
Tn event of dissolution of the Corporation, assets and
property, rcal, personal or mixed, remaining in the Corporation
shall vest in the Department of Mental Lealth of the State
854
of Alabama and the said Department of Mental licalth shall use
said assets and property exclusively for the mental health-
mental retardation purposes for which this Corporation is
organized, . |
IN WITNESS WHEREOF, the incorporators of said Corporation
have hereunto set their hands and -affixed their seals, on this
the 2 day of NHYEPDIY. , 19 aa
Jou A hm (SEAL)
JPSEPii N. LANGAN *
o » or bed 2 : |
|
[ |
|
br Nr YE RAPT Rs ew (SEAL)
JOnN Jd. HACKMLYER
5 2
Lr AA Cr ering (SEAL)
/ JOHN ANDERSON,
STATE OF ALABAMA )
COUNTY OF MOBILE )
; “3
Sidi Ls yt pd lt , a Notary Public in and
for said State and Cdunty, do nerchy certify that the above
named incorporators _ JOSEPH N. LANGAN ’
gon J. HNACEMEYER and _JOIN_AUDERSON
whose names are signed to the foregoing Certiticate of TAcorporation
and he arc known to me, appeared before me on this 7.2 day of
Clr Ae), es ’ 19 5 s+ and on oath Stated tnat the
matters contained in said Certificate are truce to the best of
their knowledge, information and belief.
GIVEN under my hand and official seal this 4 day of
FO a) = TRIO W320 1 FONE 0 il |
De 2s — 3 hi ¥ : 22%)
NOTARY PuilLic [prs TA TOF WLhoiiin AT LAGE
v
THIS INSTRUMENT PREPARED BY:
MAURY PFRYEDLATDER, AMIORNEY |
53 5%. LOUTS SRviLY
MOBILE, ALABAMA 306602
MCBiLE PLANNING COMMISSION Ordinance of 9/7/44, Sec. 786-808 of Title 37, Code of
Alabama, 1940-
El REY PRESENT ER RECOMENDED
MEMBERS APPOINTED REAPPOINTED ~~ "EXPIRES BY
John L. Blacksher «ld 1/72 4 1/75 4/ 1/78 Mims
417 Tuthill Ln, 08, 478-8426
Joseph M. Courtney b/ 1/72 4/75 4 1/78 Doyle
27 Hillwood Dr., 08, 432-1728
00}
George L. Langham 9/24/74 4/ 1/75 4 1/78 Greenough 2
2204 Clement St., 17, 478-4863
Robert H. Massey 4 1/75 4 1/78 Greenough
5700 Cottage Hill Rd., 09, 661-4626 : :
E. Allen Sullivan, Jr. 4/1/72 U 1/75 4/7 1/78 Mims
P. 0. Box 2008, 36601 476-1200
James C. VanAntwerp UL ALT2 4/ 1/78 Doyle
3804 Claridge Rd., 08, 433-5426
4 1/75
Mcriie Planning Commission Ordinance of 9/7/44, Sec. 786 - 808 of Title 37
of the Alabama Code of 1940
anny a PRET RR REED
JE EER APPOINTED © = RENPPOLNED V0 DPINES | BY
John L. Blacksher Cinna. 3-29-72 3/25/75 3-29-78 Mims
417 Tuthill Ln, 08
478-8426
Robert H. Massey 8-26-75 4 1-78 Bailey
5700 Cottage Hill Rd., 09, 661-4626
Joseph M. Courtney 3-29-72 3-29-78 Doyle
27 Hillwood Dr., 08
432-1728 :
George L. Langham y=2U-T4 | 3-29-78 Greenough os
2204 Clement, 17 ! Oo
478-4863 ii
£. Allen Sullivan, Jr. 3-29-72 3/25/75 3-29-78 Mims
301 St. Joseph, 02 :
476-1200 h
Somes C. Van Antwerp 3-29-72 3-29-78 Doyle
3804 Claridge., 08
33-5426
SUPER IMERARY
HWiiliam B. Crane 3-29-72 11/25/75 i 3-29-78 Bailey
102 S. Mc Gregor Av, 08
438-55€4 : : .
11/25/75
farust—fodriguez AA 3-29-72 3-29-78 Doyle
538 Hillview Rd, 08 Qo
342-5429 :
uy grate | 0.7% Goma LiL Nuns
ks vy t. ‘Wa lea
Coozed.™ on on T-— hol
eee eee
—
—
—
—
—
—
—
—
—
MOBILE PLANNING COMMISSION
MY .
Mr.
MY.
Dre
Mr.
Mr.
Mr.
MX.
Mr.
Mr.
MT.
Mr.
Mr.
Mr,
Mr.
Mr.
Mr.
Mr.
857
Joseph" M.: Courtney
Jam:s C. "Van Antwerp
Robert B., Castle
E.B. Goode
John L. Blacksher
BE. Allen Sullivan,
August Rodriguez
William B. Crane
George Leroy Langham
Joseph M. Courtney
James Cl. Van Antwerp
George Leroy Langham
John: 'L. Blacksher
E. Allen-Sullivan,
Harvey M. Gandler
Charles Sweeney
Hugo Ba. Turk
Harvey M. Gandler
JX
JT%
" replacement
" y
1974-75
1975-78
1971-92
" replacemen.
1970-172
" replacement
2) a Sep” 3, 195
Ql 31/0 Coke Sec. Feat 8
[4 p= : . Corer std or
Tit. 378 788 UHIYL AND. REGIONAL, PLAN Ns SC 4 BTR Ti BY
§ 788. Personnel of municipal planning commission: cowypen-
gation; terms of odlice, lc. — The commission shall consist of _ping
members, namely, the mayor, one of the administrative officials of the mu-
mcipality selected by the mayor, and a meinber of the conneil to be selected
by it as members ex-officio, and six persons who shall be appointed by the
mavor, if the mayor he an elective ofiizer, othorwise by such ofiicer as
council may in the ordinance crecating the comnussion designate as the ap-
pointing power; provided, however, that in any city having. according to
thie last or any succceding federal census, a population of more than three
hundred thousand inhabitants, the commission shall consist of sixteen mom
bers, namely, the mayor, one of the administrative officials of tlie miumici-
" pality selected by the mayor, two members of the council to be selected by |
it, all as members ex-officio, and twelve persons who shall be selected by
the council. All members of the commission shall serve as such without |
compensation, and the appointed members shall hold ne other municipal |
office, except that one of such appointed members may be a member of
the zoning board of adjustment or appeals. The teuns of ex-oflicio men-
bers shall correspond to their respective official icnures, except that tlie
n_of the admmistratlv selected by the mayor shall terminate with
the term of the mayor selecting him. The term of cach appointed member
shall be six years or until his successor takes ofiice, except that the wespec-
tive tems of hive of the members first appointed shall be one, two,
three, four, and five years; provided, however, that in any city having a
sixteen-member commission as provided above, the respective terms of five
pairs of the members first appointed by council shall be one, two, three, four
and five years. Members other than the member selected by council may,
after a public hearing, be removed by the mayor for inefficiency, neglect of
duty, or malfeasance in office; provided, further, that in any city having a
sixteen-member commission as provided above, members may; after a pub-
- iic hearing, be removed by council for any of the above reasons or for con-
tinued failure to attend meetings. Council may for like cause remove the
. member or members selected by it. The mayor or council, as the case
may be, shall file a written statement of reasons for such removal. Vacan-
. cies occurring otherwise than through the expiration of term shall be filled |
for the unexpired term by the mayor in the case of members selected or
. appointed by him, Dy council in the case of councilmanic member or
. other members sclected by it, and the appointing power designated by
council in municipalitics in which the mayor is not an clective officer.
£1933, p. 1126; 1955, p. 1000, appvd. Scpt. 9, 1955.)
Cross reference. — See note to § 781 members selected by it” in the last
of this title. : sentence; and inserted “or members”
Note. — The 1955 amendment inserted in the sixth sentence.
the three provisos; inserted “or other
-. § 789. Chairman of commission; meetings; rules, etc..—The |
commission shall elect its chairman from amongst the appointed members
“and create and fill such other of its offices as it may determine. The term of |
chairman shall be one year, with eligibility for re-election, The commission |
shall hold at least one regular meeting in each month. Tt shall adopt rules
for transaction of business and shail keep a record of its resolutions, trans-
actions, findings, and determinations, which record shall be a public record.
(1935, p. 1126.)
447
859
QRH FF L43
FIR7 DP - els, open,
Clon) ‘
: Act. No. 243, H. 278, Alabama law
POLICEMEN AND FIREFIGHTERS PENSION AND RELIEF FUND BOARD
Six year terms
ORIGINALLY PRESENT TERM
MEMBERS APPOINTED REAPPOINTED EXPIRES RECOMMENDED BY
Dwain Luce 11-10-64 11-15-70 11-15-76
P. O. Drawer 1467 36601
438-3441
John Waller 11-10-64 11-15-70 11-15-76
P.- 0. Box 1965 36601
479-8621
Frank Frazer 11-10-64 11-15-70 11-15-76
First National Bank Bldg.
432-8886 00
(0)
o
Lionel Noonan 11-10-64 11-15-70 11-15-76
Merchants Natl. Bnk.
56 St. Joseph St. - 36602
438-1711
C. M.A. Rogers, 111 11-10-64 11-15-70 11-15-76
4010 01d Shell Rd. 36608
433-0511
Edward McLean, Chief of Police 11-15-70 11-15-76
Ext. 251
H. H. Edwards, Fire Chief 11-15-70 11-15-76
Ext. 351
861
POLICE AND FIREFIGHTERS Dwain Luce 1970-76
PENSION AND RELIEF FUND John Waller »” "
BOARD ; Frank Frazer » "
Lionel Noonan noha
Dewey Sibbles NEE
| Douglas Melton, Fire Cheif " n
| Ed McLean Police Cheif wo.
|
|
{
MORILE, TREE COMMISSION Act. No. 929, H. 1365-Engel, Alabama Law,
regular Session, 1961
five year terms QO: Bot G75 Bole = .
ORIGINAL IY ; rT BeseNY TERM . RECOMMENDED
MEMEBERS APPOINTED REAPPOINTED Sa EXPIRES ° BY .
Dr. Stuart Dowling, Chairman . 3= 0-71 3- 1-76 Hist. Preservation Soclety
771 Holcombe Av., 06, 473-3326
Michael P. Feore 11- 6-73 : 3- 1-77 Chamber of Cormerce
4259 Holoesther Ct, 08, 457-8911 :
Mrs. R. Denny Wright 3-29-74 3- 1-78 Allied Arts Council 0
70 Croydon Rd, 08, 342-6133 X)
Dan A. Miller, Jr. 9-15-70 | 3- 1-75 3- 1-80 Jr. Chamber of Commerce
558 S. Broad St, O04, 558
Mobile Tree
Commission
863
Mrs. A.A. Saunders
Mr.."Dan Miller, Jr.
Mr+:iRichard F. Turner, Jr.
Mr. Frank Calagaz
Dr. Samuel Eichold
Mrs. Fugene oOo. Dumas
a
1974-79
1975-80
1970-75
1969-74
1968~73
1967-72
864
ALADAMA LAW
(Regular Session, 1961)
Act No, 929 H. 1365--Engel,
AN ACT ep 5 unt 13, 17¢ / |
Relating to the City of Mobile, Alabama; to provide
for the creation of the Sh Tree Commission, to provide
for the membership of s mmission, and the method of
appointment and term of such commissioners; to provide the
officers of the Commission; to provide the powers, duties
and obligations of the Commission; to provide that no per-
son shall cut, trim, or in any way damage any tree in any
street right-of-way in the City of Mobile without prior
written -~pproval by the Commission; to provide that any
violation of this Act shall be a misdemeanor and to pro-
vide the penalty for such violation and to provide for
appeal from the decisions of the Commission.
Be It Enacted by the Legislature of Alabama:
Section 1. It is hereby declared that the trees on
private property and in publicly owned areas within the
City of Mobile, including particularly those in street
rights-of-way, are both an economic and an aesthetic asset
to the City of Mobile and the State of Alabama; that the
existing trees so located are in need of protection and of
active measures to support their health and growth, that
it is desirable that additional trees be planted, and that
those ends require a separate agency specifically charged
with the responsibility and duty of fostering the planting,
growth and protection of trees on private property and
publicly owned areas,
Section 2. There is hereby created the Mobile Tree
Commission, to consist © members, each such
member TO be" BpROINTEd by The governing body. of the City
of Mobile from.a pane hree (3) persons nominated by
each one of { e Historic Mobile -
iobile County, Inc.: e Mobi e Azalea, Trail, Inc, ; the
‘Tourist Committee of the Mobile Area Chamber of Commerce;
e All ts-Council--of-Metropolitan-.Mob Inc, Te
One of the Commissioners who is first appointed shall
be designated to serve for a term of five (5) years, one
for four (4) years, qne for three (3) years, ona Lor two
ye e for one (I) year, respectively, from the
date of their appointment, Thereafter the term of office
of each Ttonmmissioner shall be fi Each Com-
ones sha his successor takes office,
and any vacancies shall be filled by appointment from a
panel nominated by the same entity which nominated the
predecessor Commissioner. Three Commissioners shall con-~
Zr a quorum,
Section 3, Members of the Commission shall serve with-
out salary or remuneration. They shall annually elect from
among their number a Chairman, a Vice Chairman, a Secretary
and a Treasurer.
Section 4. The Commission is authorized to accept
contributions and to expend the same for the purposes of
carrying out its duties and obligations imposed by this Act,
Section 5, The City of Mobile and other governmental
865
subdivisions and agencies of the State, shall continue to
be the owners of and, subject to the provisions hereof,
shall continue to be responsible for the maintenance of
and care for all trees on publicly owned property, and
the Tree Commission shall have no duties other than those
specifically stated herein,
Section 6. The Tree Commission shall cooperate with
and coordinate its activities with the Street Department,
the Departm2nt of Parks and Cemeteries and other depart-
ments of the City of Mobile; .and all agencies of the City
shall cooperate with the. Tree Commission, A
Section 7. The Commission shall oe Loni steps to:
(a) Educate the public as to the economic and aesthetic
benefits of trees to the City of Mobile and its citizens,
both on publicly owned property and privately owned property;
(b) Promote the planting, health and growth of trees
in the City of Mobile, with the particular objective of
establishing and protecting avenues of live oak trees and
other trees deemed suitable by the Commission;
(c) Promote the care, feeding, fertilization and other
measures desirable for the health and growth of existing
trees in street rights-of-way in the City of Mobile; and
(8) Protect trees located in street rights-of-way in
the City of Mobile from damage, removal, lack of sustenance
or any other act or condition which might threaten the
health and growth of such trees,
866
private benefit that will result from envi it, In the
event a governmental body or public utility shall certify
to the Commissioners that it desires to trim, cut or remove
trees and that it is or may become reasonably necessary to
do so to prevent a public hazard or to provide efficient
or economical service to the public, then such certificate
shall be conclusive evidence for the approval of such
application, and the Commission shall approve the same,
and there hall be no appeal from such approval,
Section 10, Any person aggrieved by any decision of
any officer or agent of the Commission to whom its duties
are delegated, or of any decision of the Commission may
appeal to the Commission of Mobile, Alabama, under such
rules and regulations as the City Commission may fix. Any
person aggrieved by any decision of the City Commission may,
within fifteen (15) days thereafter, appeal to the Circuit
Court of Mobile County, Alabama, by filing with the City
Commission a written notice of appeal and making and filing
with the Clerk of such Court a bond approved by such Clerk
conditioned to pay the costs of such appeal. The hearing
and trial in the Circuit Court shall be de novo. No such
appeal shall authorize any person to take any action pending
appeal, application for which has been denied by the Tree
Commission or City Commission,
Section ll. Any person who shall violate the provisions
of this Act shall be deemed guilty of a misdemeanor and
shall on conviction, be fined not less than $100,00, nor
more than $5,000.00, and may also be imprisoned in the
county jail, or sentenced to hard labor for the county,
for not more than one (1) year.
Section 12. All laws or parts of law which conflict
with this Act are repealed.
Section 13, Should any section, provision or part of
this Act be declared unconstitutional or void by any Court
of competent jurisdiction, it shall not affect the validity
of the remaining sections, provisions or parts of this Act,
Section 14, This Act shall become effective immediately
upon its passage and approval by the Governor or upon its
otherwise becoming a law,
Approved September 9, 1961
Time: 3:25 p.m,
. I hereby certify that the foregoing copy of an Act of
the Legislature of Alabama has been compared with the enrolled
Act and it is a true and correct copy thereof,
Given under my hand this 13th day of September, 1961,
OAKLEY MELTON, JR,,
Clerk of the House
-3-
— - ———— e—.——
Npisr hori Improvement Council Ordinance of 8/25/59
Sevd cories of Appt. & Res. to Gther C. Lockett & Joe Locke ie 9 year term
: ORIG ANALY. hg RE "PRESENT TERM. . . RECOMMENDED
ATES APPOINTED : REAPPOINTED No EXPIRES BY
T-r=5 RB. Alexander 12-24-63 10- 1-75 9-30-78
>. 2. Box 1345, 01, 433-4951
“cr Barbar, Jr. itiicheil Coro 12-17-63 10- 1-75 9-30-78 Neighborhood Imp. Council
tu Sethe Federal Tower, 16, 476-1200 : ea
zreelle LL. Charerlain 10-15-Tu4 10- 1-75 9-30-78
ZL RN. Monserey, 08, 471-1115
=. leroy Davis, Secretary - Treasurer 10- 1-71 10- 1-75 9-30-78 N. I. C.
173 Devis Av, 03, 433-2671 : oo
(0)
. ~
Dc Xie Linore, dr. 10- 1-66 10- 1-75 9-30-78 N. YL. C.
Bidz, 25.45. WATC, 015, 342-623)
RN. ©. Vinge 12-17-63 10- 1-75 9-30-78 N. 2X. 0C.
%73 Vezsmolia Ri, 06, 479-7160 :
Flohand V. Pernington, President 10- 1-69 10- 1-75 9-30-18 NeI:Cs
rst devioral Sh 1k, Marketing Dept., ;
gan -3Z=3351
loniPraitt 10- 1-75 9-30-78
S-uth Alebem2 Regionzl Planning Commission N
Tr-ervaticnal Trede Center, 02, 433-6541
is. Frank Sturges, LO 12-12-67 10- 1-75 9-30-78 NTO,
35°55 Opie Xyv9)Y Dr, 07, 471-2326
Mor iSEY ny DT Enisint 11-25-75 0-30-78 BR. I. C.
325 8t. Joseph St., 02, 433-0501 :
Neighborhood Improvement Council (page 2) Ordinance of 8/25/59
Copies of Appts. & Res. to Other Lockett & Joe Locke ; i year term :
" ORIGINAYYY et SL. PRES RECOMENDED
METERS APPOINTED BErPPOINTFD 2 EXPIRES BY
W. Ed. Bush 12-15-64 10- 1-72 9-30-76 N.C.
Eastern Shere National Bank
P. O. Drawer 730
Daphne, Alabama 36526, 626-2672
Robert E. Kirby, Jr., 1st Vice Pres. 2-24-70 Th ham fy fe 9-30-76 N.iL..C.
307 Van Antwerp Bldg, 02, 433-2227
Col. Ira V. Matthews 10- 1-72 9-30-76
1805 N. Indian Creek Dr, 07, 478-8202
Richard K. Morley 10 1=72 9-30-76 2
254 S. Ann, 04 &
Ms. Delores Porter 10-11-72 9-30-76
1869 Allison St, 17, 452-9614
Ws. Ervestive Scott 10- 1-72 © 9-30-76
1028 Cherry St., 10, 452-4436
£ TORE 10- 1-72 9-30-76
404 Palmettc St, OU, 433-7476
Gus B. Thames, Sr. 12-15-64 10-1272 9-30-76
60 St. Francis, 02, 433-3961
Bruce Wellington LNT,
22 Country Club Rd, 08, 344-0368
Neighborhood Imp. Council (page 3) Ordinance of 8/25/59
Send copies of Appts. & Res. to Other C. Lockett & Joe Iccke a Yer tern
ORIGINALLY . . PRESENT TERM | RECCMMENDED
ELE APPOINTED | REAPPOINTED EXPIRES BY
Ernest Allen 10- 1-66 10-15-74 9-30-77 Nox: C,
600 Holcombe Av, 06, 471-4421
Doris Bender, 2nd Vice Pres. 10-16-62 .10-15-T4 9-30-77
P. 0. Box 327, 01, 432-2751 :
Janes W. Cook 12-27-72 10-15-74 9-30-77 Alabama Power Company
Alabama Power Company, 150 St. Joseph
St., 02, 438-6071
William M. Gordon, Jr. 10-16-62 10-15-T4 9-30-77
1066 Davis Av, 03, 432-9782
69
8
VMs. Ben Harris, Jr. 10-15-74 of G=30=77
20 S. Layfayette, O04, 479-1259
Ms. Susan Heald 10-15-74 . 9-30-77
L455 Kingswood Dr, 08, 344-4511
Jay Higginbotham 10-15-74 | 9-30-77
60 N. Monterey St., O4, 433-0484
John Mc Arthur, Jr. 10- 1-70 10-15-74 9-30-77 N. I. OC.
P. O. Box 16547, 16, 489-0664
Ernest W. Todd, Jr. 6- 1-65 10-15-74 9-30-77 N. I.0C.
Home Savings & Loan Assn., 50 St. Joseph,
02, 438-2411
Evans Weiss 3-25-69 10-15-74 9-30-77 1st Natl. Bank
LoL S. Ann, O4, 433-4490 3
NEIGHBORHOOD IMPROVEMENT COUNCIL OF MOBILE
Ordinance adopted Aug 25, 1959
"Four year terms
“PRESENT TERM __ RECOMMENDED
/
v George Haas
100 N. Royal St. 36602
ORIGINALLY :
MEMBERS APPOINTED " REAPPOINTED EXPIRES BY
James R. Alexander, Jr. 10-1-71 9-30-75 .
P.O. BOX. 1345, 36601 12-24-63
Don Barbour, Jr. 12-17-63 10-1-71 9-30-75
lst Nat'l Bank Bldg. 36602
Robert F. Diehl 12-17-62 10-11-71 9-30-75
2100 Government St 36606 :
Mrs. Eugene Dumas 12-21-65 10-1-71 9-30-75
3921 Woodmont Drive 36609
Evan H. Foreman : 12-21-65 10-1-71 9-30-75
260 N. Jackson St. 36603
Col. Terry Moore, Jr. 10-1-66 10-1-71 9-30-75 »
Bldg. 254, MAIC 36615 ©
W. O. Mozingo 12-17-63 10-1-71 9-30-75
553 Magnolia Road 36606
_~ H. Leroy Davis : 10-1-71 9-30-75
3765 Sheip's Lane 36608
Mrs. Frank Sturges, III 12-12-67 10-11-71 9-30-75
1919 Oak Knoll Drive 36607
~ W. Edward Bush 12-15-64 10-1-68 9-30-72
P. O. Box 1628 36601
f Mr. John Castle 12-15-64 0-168 On30=72
182 st. Francis St. 36602 Van
Mrs. BE. B. Goode 1 PP / 12-15-64 10-1-68 9-30-72
20 S. Hallett St. 36604
12-15-64 . 10-11-68 9-30-72
Ra a A = DR gti til re i,
NEIGHBORHOOD IMPROVEMENT COUNCIL OF MOBILE
. ORIGINALLY PRESENT TERM RECOMMENDI
MEMBERS "APPOINTED REAPPOINTED . EXPIRES BY
“Gus Thames, Sr. 12-15-64 10-1-68 9-30-72
60 St. Francis St. 36602 mmr
Wayne Walker 16~1~63. 9-30-72
3304 01d Shell Road 36607 =
+ Robert Kirby 2-24-70 9-30-72 ,
307 Van Antwerp Bldg. 36602 - "
» William Owen 2-11-69 9-30-72
240 S. McGregor Ave. 36608 — SE
Robert B. Dovle 10-1-69 5-30-73
P. 0. Box 1827 36601
Joe A. Bailey 10-1-69 9-30-73 2
P. O. ‘Box :1827 36601 go.
Edward W. Castellani 10-1-69 9-30-73
155 St. Joseph St. 36602 :
Gordon Kahn 5 10~1-69 9-30-73
2510 1st Nat'l Bank Bldg. 36602
W. L. McDonough 10-1-69 9-30-73
150 St. Joseph St. 36602
Richard M. Pennington 10-1-69 9-30-73
356 Government St. 36602
B.. T. Riley 10-1-69 9-30-73
217 Berwyn Dr. W. 36608
- ‘Lambert C. Mims 9-21-65 10-1-69 . 9-30-73
P. O. Box 1827 36601
Harry A. Cahill 9-21-65 10-1-69 9-30-73
4767 Bit & Spur Road’ 36608
Bruce Wellington 9-21-65 10-1-69 9-30-73
22 Country Club Road 36608
NEIGHBORHOOD IMPROVEMENT CQUNCIL OF MOBILE
ORIGINALLY PRESENT TERM RECOMMENDED
MEMBERS APPOINTED REAPPOINTED EXPIRES BY
Ernest Allen 10-1-66 10-1-70 10-1-74
600 Holcombe Ave. 36606
Doris Bender 10-16-62 10-1-70 10-1-74
P. O. Box 327 36601
William M. Gordon, Jr. 10-16-62 10-1-70 10-11-74
1066 Davis Ave. 36603
Bishop W. T. Phillips 10-16-62 10-11-70 10-1-74 ee)
1803 Stone St 36617 %)
Joseph C. Sullivan 10-16-62 10-1-70 10-1-74
P.O. Box '275 36601
Ernest W. Todd, Jr. 6-1-65 10-1-70 10-1-74
P. O. Box 2168 36601
Evans Weiss 3-25-69 10-1-70 10-1-74
P. O. Drawer 1467 36601.
John McArthur, Jr. 10-11-70 10-1-74
".1860 Government St. 36606
COMMITTEES
BOARDS
AJTHORITIES
873
MEMBERS
NEIGHBORHOOD
IMPROVEMENT
James R. Alexander,Jr.
Don Barbour, JIL
Norvelle Chamberlain
H. Leroy Davis
Mrs. Prank Sturges, 111
Col. Terry Moore, Jr.
W.0. Mozingo
Richard M. Pennington
Don Pruitt
Mr. Ernest Allen
Miss Doris Bender
Mr. James W. Cook
Mrl Willism M. Gordon Jr.
Mrs. Susam Hrald
Mr. John McAther Jr.
Mr. ‘Ernest WwW. T0484, Jr.
Mr. Evans Weiss
Mrs. Ben L. Harris or
Mr. Norvelle L. Chamberlaon
Mr. Jay Higginbotham
Mr, J.W. Cook
Mr. ‘Richard M. Pennington
Mr. Bruce Wellington
Mrs. Susan Heald
Mr. Don Pruitt
1973-74
1973-75
1973-76
1973-74
1973-75
EX-OFFICIO MEMBERS
Mayor Gary A. Greenough
Commissioner.- Robert B. Doyle
Commissioner Lambert C. Mims
Lambert C. Mims
Bruce Wellington
Harry Cahill
Robert B. Doyle
Joseph A. Bailey
Edward W. Castellani
Gordon Kahn
W.L. McDonough
Richard M. Pennington
K.T. Riley
3973-75
Jr.
1969-73
replacement
874
ORDINANCE a Qolerlest: Fife T2, JB AN ORDINANCE:
To provide for the cstablishment of the Neirhborhood Improvement Council
of Mobile and to prescribe its purpose, membershin, officers, steerig committee,
meetings, and junctions, and to provide for acmbership thereon of representatives
elected by the Neighborhood Improvement Comm. ttees;
foieb BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF MOBILE AS
Woe
Section 1, NAME. There is hereby established the "Neighborhood Improve-
ment Council of Mobile, ™
od ;
V Section 2. (PURFOS.) The purpose of this organization shall be:
lt) To survey the extent of blight in the City of Mobile.
{ (v) To inform the public of the Extent of blight and to pro-
pose remedial action. :
(ce) To promote the formation of Neighborhood Improvement
Committees
| (d) To advise and counsel Neighborhood Improvement “committees
in carrying out neighborhood improvement programs.
! (a) To siporl) clean up and paint up campaigns and other im-
provement programs,
¥(£)To support the enforcement of City ordinances and laws of
the State of Alabama pertaining to a proper and healthy en-
vironment.
“(g) Yo press for the establishment of public improvements ac-
; cording to a prepared capital improvement program.
*(h) To press for the demolition of structures unfit for human
habitation,
| (1) To attract invesgment in improving deteriorated properties
and developing new construction,
” To ascertain how the Federal and State housing and urban
renewal programs can benefit the City of Mobile and make
recommendations for programs under these authorities to
those officials charged with the administration of such
progroms.
v(k) To promote a pilot Neighborhood Improvement project.
on ne +. el
(a) The Councd) shall be composed of muwbars sppointed by tho
City Cond oadon and those aliebaad Ly Lies Hed pho rnieoad
ho 4 % hy oR —— re ~~
873
Improvement Committees,
(b) The Cit; Commision shall appoint forty-five members, with fifteen
— SSL
of said members ~appointzd fer a tem of one year, fiftoon for a tern
sili Ona
of two years and fifteon for a term of threo years.
(¢) Each Neighborhood Improvement Committeo organized under the guidance
of the Council and affiliated with the (Council shall elect from the
ee ————
EE
membership of the Neighborhood Improvement Committee one person to
(a) All members appointed after the initial appointments by the City
: Commission shall be avtainted for terms of three years, except
those appointed to fill a vacaney caused by death, resignation,
or removal of a member, and in that instance, the appointment shall
| be for the remainder of the term of such member,
¥(e) The members appointed by the City Commission shall as far as practi-
cable be of individuals whose concern with housing and planning is
representative of the following types of interest: civic, commercial,
construction, education, finance, public administration, health and
welfare, housing management, labor, real estate, sociological, tax-
ation, technical, tenant and law.
Section 4 OFFICERS,
JG) The officers of the Council shall be President, two Vice Presidents,
. a Secretary and a Treasurer, who shall perform such duties as are
customary and such other duties as may be delegated to them by the
President or the Council. The officers of the Council shall not
receive any remuneration for their services as such officers.
v (b) The above named officers, together with the chairman of tho special
committees shall constitute a Steering Committee, of which the Presi-
dei, shall bo the presiding officer.
(c) The President, Vice President, Treasurer and Secretary shall be
clocted at & al meeting and shall take office immediately and
shall sorve until tho next annual meeting. Such 1 officers shall not
ap a
bo ¢lacted to sorve more than two consecutive tonns,
faction 5. STEIMING COMMITTEE,
Vi The Stooring Committe shall be componad of Lie officors of Lig
Cour: i) and ide chin of thy fal) lowinge cou ARAL
———— MANAG eee ee eer + een ee
(b)
876
(1) Survey Conmitien, (2) Publlc_ulations-Commdttee, (3)
Wee ———— Ere
Ned glivorhood Committees, (4) Legislative Committes, (5) Finwnco
Comnitteo, (6) Neighborhood Standards Coamittoo.
The Steering Coimittes shall have such powers and duties as the
Council may provide.
SE :
PLUNVEERS EXAMINING BOARD FoF Serving at the pleasure of the
: ¥ Commission
ry
Ra Ed 0 ow wT. PREemiaERw RECOIOEND
FEEERS APPOINTED REAPPOINTED "°° EXPIRES BY
wr, 24. BB. Coase 5- 1-73 Master Pluoorer - Master
3418 Cmren St Plurbers issn. of Mobile
Viobile, 36604 473-8205
Yr, B. Fobert Coss 5- 1-73 Rep. of the public
Czas Plumping Co. Ing, gz
Trzrk Meples Ro ad N
Yr. TF, P Pozares 5- 1-73 : Journeyman Plurber
Mot 3650 06 478-1000
yo, E. A. Fowler, Jr, 5- 1-73 Master Plumber - Mohile
E. A. Yo ner Plumbing Co.
lechani cay Jontrg tang Az.
16€7 Beltline Hwy.
Mobile, 3€609 471-1436
Mr. John WW. Schermer 5= 1=73 Chief Plumbing Inspector
Inspection Services
City of Mobile, ext. 421
87
8
= ; : 2 es Fenrir
Hd
200 9 ? sda l 1973
Copel 770d 27, 7973
AN ORDINANCE CREATING AND ESTABLISHING THE PLUMBERS EXAMINING
BOARD, PRESCRIBING THE DUTIES AND POWERS THEREOF, AND THE TERMS
OF OFFICE OF THE MEMBERS.
WHEREAS, it has been the experience of the plumbing
inspectors of the City of Mobile that it is necessary to license
all master and journeyman plumbers to protect the public welfare,
and
WHEREAS, Ordinance No. 84-002 of the City of
Mobile, adopted January 2, 1962, added Chapter XVI to the
Plumbing Code of the City of Mobile and provided for the exami-
nation of master and journeyman plumbers, but said ordinance
was ruled invalid by the Circuit Court of Mobile County,
Alabema, on October 1, 1965, in Case No. 64,085-C, and
WHEREAS, Act No. 1770, House BLLY 865, 1971 Regular
Session, Legislature of Alabama, authorizes municipalities of
the size of the City of Mobile to require additional examination,
certification and regulation of plumbers doing plumbing work,
that the general laws of the State of Alabama now permit the
City of Mobile to examine, regulate and certify the business
of plumbing and competency of plumbers, and in doing so, the
City of Mobile will not be in violation of the court decree
above cited, -
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMIS-
SIONERS OF THE CITY OF MOBILE, ALABAMA, as follows:
SECTION 1. BOARD OF EXAMINERS.
—————————————————————————————
There is hereby created a plumbers examining board
consisting of the Chief Plumbing Inspector, one master plumber
eee —
from the Mobile Mechanical Contractors Association, one master
ee QUI, To
in
ee
—
879
plumber from the Master Plumbers Association of Mobile, one
journeyman plumber, and one representative of the public, each
qualified by at least ten years experience in their respective
trade or profession. The members of the board, other than the
Chief Plumbing Inspector, shall be appointed by the Commission
to serve at its pleasure. The Chief Plumbing inspector shall
| serve as chairman. No member of the board shall receive any
compensation for his services. A majority vote shall be necessary
to determine any decision to be rendered by the board. Meetings
of the board shall-be held at such times and places as specified
by the chairman of the board.
: SECTION 2. DUTIES OF THE BOARD OF EXAMINERS.
It shall be the duty of the plumbers examining board to
examine and pass upon the qualifications of every person who may
apply for a master plumber's certificate of competency upon
forms provided by the City and who shall have paid to the In-
spection Services Department an examination fee of twenty five
($25.00) dollars and to examine and pass upon the Taal iT Latent
of every person who may apply for a journeyman plumber's certi-
ficate of competency upon forms provided by the City and who /
shall have paid to the Inspection Services Department an /
examination fee of fifteen ($15.00) dollars.
880
Noa le Pls. te—
SECTION 4. MAST —PHEUMBERT
Any person shall be eligible for examination as a master
plumber, who holds a current master olunar's certificate of
competency from the Board of Plumber's Examination and Registra-
tion of Alabama, andi who (a) has béen in actual employment as
a certified journeyman plumber for at least one (1) year; (b)
has passed a previous examination with the City of Mobile as a
master plumber or has been a licensed master plumber in the past;
(c) has a professional engineering license and such experience in
the field of plumbing as shall be approved by the Board of
Plumbing Examiners ; or (d) has had five (5) years of such experience
in the design of plumbing or drainage systems or their construction
as shall be approved by the Board of Plumbing Examiners. Such
applicant for a master's certificate is hereinbelow required to
be examined, and also upon his knowledge, training and ability
in the planning, laying out and supervision of plumbing instal-
lation and construction work, and if such applicant for a
master's certificate has sufficient knowledge, training, and
ability to competently and safely plan, lay out and supervise
plumbing installation and construction work, he shall be issued
a master plumber's certificate of competency by said Board.
Examinations shall be in writing, in whole or in part. If an
applicant fails to pass the examination, at least six months
must elapse before he will be permitted to take it again.
g8l
SECTION 5. JOURNEYMAN PLUMBER.
An applicant for a certificate of competency as a journey-
man plumber must hold a current journeyman's certificate of
competency from :he Board of Plumbers Examination and Registra-
ETS aia ene Wt ee IM
tion of Alabama and must have had a least four (4) .years prac-
tical experience as an apprentice of a journeyman or master
——————— eee
pe ———
plumber, or other training approved by the Board of Plumbing
Examiners, before being allowed to take the examination for such
certificate. Such applicant shall be examined upon the funda-
mentals of plumbing, the laws of the city pertaining to plumbing
installation and construction, the theory and practice of
plumbing installation and construction, and the experience and
ability of the applicant in practical plumbing installation and
construction, and if such applicant be found to possess an
accurate knowledge of the fundamentals of plumbing, a practical
working knowledge of the theory and correct practice of plumbing
installation and construction, and sufficient experience and
ability in plumbing installation and construction to safely
and ‘competently apply his knowledge in practice, the Board
shall issue to him a journeyman's certificate of competency.
If the applicant fails to pass the examination, at least six
months must elapse before he will be permitted to take it again.
SECTION 6. APPRENTICE PLUMBERS.
Registration certificates of apprentices shall be issued
for a $2.00 fee. Each plumber apprentice must hold a current
apprentice's certificate of competency from the Board of
Plumbers Examination and Registration of Alabama and shall be regis-
tered with the Plumbing Department of the City and no apprentice
shall be allowed to do any plumbing work on any job, unless a
certified journeyman or master plumber is on the job steadily
supervising him. In no case shall he be allowed to work on a
job alone.
RECREATION ADVISORY BOARD
of
Resolution 03-169 of 2/23/72
Two year terms
ORIGINALLY
eine 2, Zz dence tad
P—O-—BoOx—3337 me
— ee —
pe ———————————_————————
PRESENT TERM RECOMMENDED
MEMBERS APPOINTED REAPPOINTED EXPIRES BY
- DLO
William J. Menton 433 -7%€
5408 Highland Road 36609 3-1-72 3-1-74
Eddie R. Stanky Y5=4121 5 3el~72 -74
2100 Spring Hill Ave. 36607
James R. Crawford 31-72 3-Y=74
5617 William & Mary St. 36608
Dr. Melvin A. Lucas #60-11Zl 3-11-72 3-1~74
815 Nassau Drive 36608
Frank E. Bolling 45¢ -333\ 3-1-72 3-1-74 >
171 Fenwick Road 36608 No
Stanley J. Galle 478-8372 3-1-72 3-1-74
1702 Dauphin St. 36604
Col. James H. Reynolds 3-1-72 3-1-74
514 Bonnett Hill Circle 36609 :
Curtis J. Horton 457-%Z5¢ 3-1=72 3-1-74
2065 Tucker St. 36617
Jesse Thomas 3-1-72 3-1-74
551 Tisdale 36604 Y¥/3-558a
Casimir P. Newdome y 73 — 38240 3-1-72 3-1-74
1600 E. Martin Drive 36605
Wayne McRae JH 3-11-72 3-1-74
P. 0. Box 1827 I”
p
John A. Calametti, Jr. 72/ 3-1-72 3-1-74
P. O. Box 1827
3=-1-72 3-11-74
4 AAA WwadA JAA A hie) ~~ CAEL UA OCS Yond NE BY £074 3-1-74
RECREATION ADVISORY BOARD CONTINUED
ORIGINALLY PRESENT TERM RECOMMENDED
MEMBERS APPOINTED REAPPOINTED EXPIRES BY
George Sawada ous 1072 3-1-72 3-1-74
P..O..BOX. 1827 :
Harry P. Clark 3-1-72 3-1-74
Bldg. 97 West MAIC 36615
W. Melvin Flynn 3-1-72 3-1-74
2474 Eloong Drive 36605 :
James Battiste 5~2=72 3-1-74
5800 Ziegler Blvd. 36608 Recreation Advisory
Board
Mr. Ben Nolan 5-30-72 3-1-74 : :
2 Box_191F Bete i
Belle Terrace Dr.--36609%
Mr. George Montgomery 10-31-72 3-1-74 Recreation Advisory
508 Bonnet Hill Circle 36609 Board
Mrs. Jean Hooker 10-31-72 3-1-74
3964 N. Byronell Drive 36609 Recreation Advisory
Board
Rev. J. Fred Toland, Jr. 5-1-73 3-1-74
5312 Grishilde Drive 36609 Recreation Advisory
Board
Dr. Richard L. Marsh Bel=73 3=1-74
1030 Uster Drive 36608
Recreation Advisory
: oard
Mr. Jim Sweatt 4-11-72 3] 74 :
Recreation Advisory
5609 Judson Dr. 36608 Board
Hold | ng on + hese
\ rs om—
appo! nt wants
—re———
RESOL UT PON 1972
WHEREAS, the City of Mobile recognizes the need for additional
parks and recreation areas for a growing population, and
py—
WHEREAS, The City of Mobile desires to locate these improvements
in the most effective locations and provide the recreation
and athletic facilities best suited for that location,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
CITY OF MOBILE, ALABAMA, that a Recreation Advisory Board
n—
be, and the same hereby is, created to advise the Board
of Commissioners in all areas of recreation and athletics.
BE IT FURTHER RESOLVED that the following persons be, and they
hereby are, appointed as members of this board to serve
at the pleasure of the Board of Commissioners without
i SETS
remuneration, for a two year term, beginning March 1,
————
———
1972, and ending March 1, 1974:
Bill Menton C. P. Newdome
Eddie Stanky Mitch Barnett - .
Jim Crawford John Burquist -
Dr. Mel Lucas Wayne McRae
Frank Bolling John Calametti
Stan Galle Martha Maitre
Col. James Reynolds George Sawada
Dennis Smitherman Harry Clark
Curtis Horton Ken Mitchell
Jesse Thomas Mel Flynn
Adopted: FEB29 1972
City Clerk
i al 5 Q 884 3 Led Dl a9 JZ 72
E— ——
Ordinance 935-227 ct
12-10-63 lata 1
SOUTH ALABAMA REGIONAL PLANNING COMMISSION
3 year terms - <COnc
with Mcbile Piannin
SEE MOBILE PLANNING *~ COMMISSION - Same members, same terms.
Richard D. Pruitt, Executive Director
433-6542
G8
8
|
f
\COMMITTEES
[BOARDS ;
Alanine MEMBERS "TERMS
South Alabama Mr. Joseph M. Courtney 1975-78
Regional Planning Mr. James C. Van Antwerp "oem
Commission 3 . Mr. George Leroy Langham na
Mr. Johm lL. Blacksher naa
Mr. P. Allen Sullivan, Jr. nan
Mr. Rober: HX. Massey i
ART |
886 Pec 18) 17¢3
-
FOR ADVISO LANNING P
TO CONSTITUTE, CREATE AND ESTABLISH
A REGIONAL PLANNING COMMISSION,
|
AN ORDINANCE TO ESTABLISH A REGION - |
|
99-227 : 1963
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY
OF MOBILE, ALABAMA, as follows: |
SECTION ONE: The words and terms "governmental unit", |
"governing body", "municipality", "region", "advisory planning",
and "comprehensive advisory planning', where used in this
ordinance shall have the meaning assigned to said words or terms
by the provisions of Section One of Act No. 584, approved by the
Governor of the State of Alabama on September 16, 1963.
SECTION TWO: Pursuant to the authority contained in Act
No, 584 of the 1963 Legislature of the State of Alabama, approved
by the Governor of the State of Alabama on Sepntember 16, 1963,
there is hereby Created) and established a region for advisory
planning purposes, which said region shall include all the
geographical area contained within the aggregate territorial
limits of all governmental units, the governing body of which
shall adopt this ordinance.
SECTION THREE: Pursuant to the authority contained in said
Act No, 584 there is hereby created and established a Regional
Planning Commission, the memberhsip of which shall be as pro- |
vided by said Act No. 584, and whose membcrss shall be appointed ey ree
for the terms and in the manner prescribed by said Act,
rT Re Bo oes EN ee
SECTION FOUR: The Regional Planning Commission herein created
mT ——
and established is hereby authorized and empowered to exercise all
powers and to do all things authorized by the provisions of
said Act No. 584.
Adopted: December 10, 1963
air Lh.
i Clerk
BOARD OF WATER & SEWER COMMISSIONERS
Act N. 775, 9-11-51, Acts of Alabama 1951,
page 1359 and Ordinance of 9-18-52
Six year terms
ORIGINALLY PRESENT TERM
MEVEERS APPOINTED REAPPOINTED EXPIRES RECOMMENDED BY
Milton Jones, Jr. 2-5=-Tl 10-1-78 Greenough
1616 St. Stephens Rd.
432-5053
Dernis Moore S/n 2-5-Tl 2-1-80 Mims &
3069 £2 Highpotnt | Bens 36609-- og
1457-5381 i 2303, 43%- & 101
/
nobert B. Doyle, Jr. 12-12-68 10-1-T4 Outlaw
P. O. Box 1827 36601
WU. D. Bolton 4-6-71 10-1-76 Bailey
P. O. Box 2368 36601
438-5101
Thomas P. Ollinger 1-31-72 1-31-78 : Doyle
121 W. Pinebrook Dr, 36608
344-6562
|coMmITTEES 888
BOARDS _
IAUTHORITIES ~~ MEMBERS i TERMS
B
ppard of Water and Mr. Crawford F. Balch 1970-76
Sewer Commissioners Mr. Frank Buckley 1970-76
! Mr, H,C, Nihare 1968-74
Mr. Dennis A. Moore 1968-74
Mr. Burton S. Butler ny
Bishop W.T. Phillips 1972-78
Mr. Robert B. Doyle, Jr. 1968-74
Joseph N. Langan 1966-72
Mr.Wright Smith, Jr.
889
prac
Act may, however, ass
fc ‘med by the persons gXoflicers for whose benefit this Act is
intended and may makd apprepriations and payment to such per-
sons or officers in consideratiodnor the performance of such serv-
ices or the discharge of such dutids so imposed upon them.
Approved September 11, 1951.
Time: 10:16 A. M.
Act No. 775 S. 274—Andrews
AN ACT
Providing for the creation and orgaaization of a Board of Water an
Sewer Commissioners by any City in the State: providing for the trans-
fer to such Board of all or any part of any water system Or sewer sys-
tem or both such systems then ownea and operated by any such City
or by the water works board cof any such City and the conditions of any
such transfer: providing for the issuance of revenue bonds of such Board
of Water and Sewer Commissioners, pavable solely from revenues, to
pay all or any part of the cost of acquiring or constructing any water
system or sewer system and the cost of improvements, extensions and
additions and to refund any bonds or obligations assumed by such Board,
without incurring any debt of the City or pledging its faith and credit;
providing for a trust agreement to secure any such revenue bonds. with-
out mortgaging any such system or part thereof; authorizing the issuance
of revenue refunding bonds of such Board; providing for fixing and col-
lecting by the Board of rates, fees and charges for the use of and for the
services furnished by any water system. sewer system or sewage disposal
system operated by it, and for the application of such revenues; provid-
ing for sewer connections and the enforcement of charges; exempting zll
properties of the Board and such bonds from taxation: and prescribing
the powers and duties of the Board in connection with the foregoing
and the rights and remedies of the holders of any such bonds.
Be It Enacted by the Legislature of Alabama:
Section 1. DEFINITIONS.—As used in this Act, the follow-
ing words and terms shall have the following meanings unless
the context shall indicate another meaning or intent:
(a) The word “City” shall mean any incorporated city in th
State of Alabama.
(bh) The word “Council” shall mean the city council, city com-
mission or other board or body in which the general legislative
powers of a City shall be vested.
(¢) The word “Board” shall mean a Board of Water and Sewer
Commissioners created under the provisions of Section 2 of this
Act, or, if any such Board shall be abolished, the board, body or
commission succeeding to the principal functions thereof or to
which the powers given by this Act to such Board shall be giver,
by law.
(d) The term “water system” chall mean ond include &.d
ulants, systems, facilities or properties used or useful er having
A CL a
|
Seat l), 1251
}
H
PUowlC EDUCATION BUILDING AUTHORITY
Six vear terms
Act No. 221, enacted at the lsc
1966 Special Session, Alabama
Legislature
Incorporated 7-30-68
ORIGINALLY PRESENT TERM
MEMBERS APPOINTED REAPPOINTED EXPIRES RECOMMENDED BY
W. Buck Taylor, Jr. 7-30-68 11-13-73 11-12-79
16 Warwick Rd. 36608
479-6101
Vernon M. Dukes 7-30-68 11-25-75 11-10-81 0
P. 0. Box 2747, 36601 S
432-4417
Taylor H. Henry 7-30-68 3-28-72 11-8-77
1 Westwood St.
Mobile 36606
473-5434
E
E
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
‘Attorney’ s office regarding eight i
891
CN
IN THE cIrcuIT court OF Es xX: ‘SPECIAL REBORT ‘oF THE
MOBILE county, ALABAMA . ne MARCH. - APRIL, 1976”
5 94s GRAND JURY. OF ‘MOBILE County”
2 a Dh ..
B85 7. : - Tv
LMel the March - April, 1976 Grand Jury of Mobile *
County, Alabama, after having. been recalled specially to’
. consider evidence gathered by the Mobile County District’
){ City of Mobile
Policemen ard Glenn L. “Diamond, do heyeny submit. to the Coutt
our special ‘report and hand to the Court” 5 indictments.
.- On April 22, 1976, this Grand Jury was called into
ial by’ the Honorable Robert E. ‘Hodnette; Circuit Fulus.
and ordered to report. on April 23 1976 at 10: 00. A. M.
© At that time Judge Hodnette instructed this Grana Jury -
e consider and delve into evidence presented to us by
the: Mobile County District Attorney. The District Attorney
Ios presented to us the result of a diligent and honest
investigation into the facts and circumstances surrounding
" the incident. After carefully and conscientiously considering”
all of the evidence from Glenn L. Diamond, his companions
and the accused police officers, we feel compelled and have
the responsibility to make certain observations, suggestions,
and recommendations to the Courts and to the governing body
of the City of Mobile, particulary the Mobile City Police
-. Department.
The law abiding citizens of this community cannot
condone the event which errupted on the night of March
28, 1976. We feel that in these days and times where
crime runs rampant a strong, tough approach must be taken
to nd mn the ering element. Equally Shodrtant
law enforcement officers must deal with the criminal
‘in a professional manner.
892
We want to mak_| he folcay: that we feel the _‘the ;
vast majority of our’; * county’ s. law enforcement ‘officers’
dedicate their lives to professional and consesontions d
: work in protecting our” citizen’ 5 Lives, and property. Ft
This incident in our opinion represents the’ deeds of
a ory small, small group of men who. exceded, their
lawful authority and. acted in a. totally irresponsible Sd
manner. They not only did not uphold the law but, 50
apparently violated the. very law that ‘they swore to tiphold.
This incident should not. reflect in any manner o on all of
\g ie jt £X MH .
: law enforcement. As’ ‘a matter of fact we (Again recognize
and commend ‘the, overwhelming major of our aw enforcenent.
officers. The activities which occurred on the night of aro
qe PATON “ EAT EE
3276, have. stained ‘the very uniform. of ‘conscienticus k
law enforcement. officers. our! community must not: let ‘these
acts. in any way affect their - cooperation and ‘support | of”
law enforcement.
‘We, feel that, the Soheral public should realize ‘that
the men charged are not supervisors.’ “They are patrolmen
out on the beat. We heard evidence’ fron both the victim and
a nunber ‘of ‘the.’ H2ccused police officers. The officer's
testimony indicates to us that their illegal actions were
not random, spur. ‘of the moment acts “eaksn in violation of
thei supervisor’ Ss Crier. On the contrary, these men
have indicated to us ‘that their supervisors not only accepted
‘but urged these prtroimen to commit these improper, irresponsible
acts. We feel these few policemen would not, have followed
© this irresponsible course of action had they not been
encouraged, and at times compelled to commi t ‘the assault by
certain very few supervisory offiers. Although we the Grand
Jury feel ‘that this unfortunate supervisory problem cannot
excuse individual illegal misconduct, we feel that these officers
s ; : : ne ; - .
would not have engaged in these activities if their supervisory
officers had provided the proper advise, guidance and supervision.
particular. ight.
893
To solve this deplorable situation and , to insure that
future illegal acts ‘do not occur, we reconnend and urge
that the City Commission thoroughly investigate the
police department, particulary the patrol division. This
Snvestioatios should be made by Officers who are charged
with one duty: to seek the truth.
Also, we Neava testimony from the accused officers
that many SREY ivory vacancies exist. They must be filled
by qualified, dedicated law enforcenent personnel. For that
reason, we suggest that the City of Mobile request the
Mobile County Personnel Board to administer: the appropriate
examinations and to hire. .0x promote the most: Qugli tied
individuals: to ‘the available jobs. Possibly. ‘better supervision
: could Have. prevented ‘the actions of these’ few men on that
Aa a Grana Jury we ate well aware that our auty is not
only to indict the guilty but also. to exonerate the innocent.
After hearing’ all’ the “evidence 7 we believe that three of
the suspended patrolnen are Tay not guilty. These men
were not involved in this unfortunate event. They were
victims of circumstance. . They not only did not participate
in x but they reported the incident to thsis supervisors.
Therefore, we recommend that ‘the City Commission end their
suspension ana reinstate. them ap patrolmen. Also we believe
Tere should receive back pay to cover the period during which
they were ‘suspended. lp dr, on
: As’ “the ‘Grand’ Jury , we are charged ‘with the duty of
considering all: the evidence, We feel we, have put aside all
REE
preconceptions we had while considering this evidence.
Furthermore we. made say that this case constituted ihe
“most, trying and difficult aays of our ‘term as Grand Jurors.
Fei
894
Finally we wish to commend the District Attorney and his
staff for taking the swift, immediate, and decisive action
to honestly and objectively uncover, develop and present
the hard cold facts.
We wish now to be put into recess until recalled by
this Court or until another Grand Jury is empanelled.
Aovrst 7 Meacen
FOREMAN
he coin ri rhe ig Clea. ZZ ug)
ek 17 ri)
~
|
895
Che Mobile Pre:
Serving the South and the Nati
3rd YEAR—-NO. 16 10 SECTION —123 PAGES MOBILE. PRICHARD, CHICKASAW, SARALAND, ALA., SUND 163r , — ; SE I 2
By MIK
Press Re
A Zl-year-old
several times
policeman Saty
ing a Citizens
pickup truck pa
Street. accordir
University
Medical Center
the suspect as J.
Wagner St May
for two bullet \
Light. 2, Ly
an an Super
er of a <
awmen sai
old Dwain Wilks
wrenching a CB
truck parked o
north of Dauph
were spotted by
shortly before :
“Patrolmen M
uck w.
they were still |
themselves as pc
to hold it,” said
Moore. “Wilks
well threw the
which knocked
and then ran.”
Detectives s:
chasing Maxwe
Pitched the stoler
catching him squ
Gas e3
kills w
PHENIX CITY
parent gas expk
clothing factory
dav morning. bu
death and critic
es who fled th
clot. os afire. x
Detective Cag
Marvin Tolbot
Ga . burned tod
Cutting and Se
was reduced to
and fire about 7
f left to right He said four 5 TS 5-year- suspect resisted arrest. In the photo from le 4 wete erititaliy !
A ee pl ; WL en Daily, Mike Patrick and John Gosnell are flown by je
iy Ean eg North stand over the wounded suspect. (Mobile Press Medical Center
I i a Detectives said Register Photo by J.P. Schaffner) onio. Tex.
Officer Mike Patrick shot Johnnie Maxwell after the ; A
Tornado rips
high wiads.
Ford hopes Cuba, Russia got message
L.A CROSSE. Wis. (AP) — President Foid said Saturday night
he hopes Cuba and the Soviet Union got the message that the
United States will not stand idly by if they attempt further adven-
thrice in Afripn
B
SOCAL
ve I +: LOCAI NEWS
SEA i. ENEWS ¥ ie: - Sefidg the South and the NatopSidge 1813 ol bh “i v il VERS TELEPHONE G31ss1 MOBILE. PRICHARD, CHICKASAW. SARALAND. ALA. SATURDAY MORNING, JUNE 12, 19% oi : TELEPHONE 631 : or — Ta Che 7 a mT
City searching
By DAVID SPEAR
Press Register Reporter
In the wake of the worst officer accountability crisis
in the history of the Mobile Police Department, city of--
ficials Friday began searching for means to rebuild
the devastated and disgruntled 300-man force.
A total of 16 officers have been disciplined in the last
60 days and Police Commissioner Robert B. Doyle Jr.
and Police Chief Don Riddle conceded Friday that
department morale ‘‘has never been worse."
“We know the men are upset, unhappy and con-
fused,” Doyle said, “This has been a very hard time
for all of them and all of us. The original disciplinary
action in April (in which one officer was fired and
seven suspended) was difficult enough and this (Thurs-
day's firing of two officers and the suspension of six
others) have just made a bad situation worse."
“But as tragic and distasteful as it has all been,”
Doyle continued, “it had to be done and it has been
© done. Now, we have got to gat the department moving
again.”
The embattled Riddle, who was a close personal
friend of several of the men he was forced to censure,
echoed Doyle's remarks. .
“You don’t know how badly I hate all of this,” Riddle
said, “but what has happened, as bad as it is, is over
and now, we've got to address ourselves to the present
situation and make every effort to regroup as quickly
as possible and begin doing our jobs again.”
Earlier Friday, Doyle made public the reasons Thur-
sday's firings of Sgt. Ronald K. Mair and Patrolman
Henry J. Booth and suspensions of Lts. Walter Milne
and Clarence J. Lund, Sgt. Thomas Lee, and
Patrolmen Robert Duff, Leroy Sieck, and John Boone.
Mii was: fired for failing’§ i oper, abusive treat.
‘ment of a citizen by Boone, for improper supervision,
violations’ of citizens’ constitutional rights, neglect of
duty, and encouragement of { Jlegal actions by men in
his command.’ HE
‘Booth was dismissed for mistreatment of ilizens on
several occasions from December, 1974, until last
January, ‘and for an incident in April in which he
reportedly - took. persons into. custody, transported
~ -them to an isolated area, and left them. z
* Milne’ drew a 30-day suspension for failing to take °
disciplinary action in connection with abusive treat-
ment of a citizen by Duff and; on another occasion, by
an unnamed officer. %
Lund was suspended for % days for reporting for
* duty gn several’ occasions “with the odor of alcohol on
.. your; breath," “for failing ‘to provide proper super-
“* vision, and: for Sncouraging illegal actions by men in
his chm
Lea roi ironically is the ‘Mobile and Alabama
Jaycees’ *‘Outstanding Law. Enforcement Officer of
the Year” and the Mobile Exchange Club’s “1976
Policeman of the Year,” was suspended for 20 days for
failing to report an incident Inyolving Boone, and for
parlicipation in the probablé ‘violation of a citizen's Sonsidtutionsl Tights immedisisly following that in-
cident.
Duff drew a: 15-day PR for mistreating a
person he had taken into custody last month,
Sieck was also suspended for 15 days for participa-
tion in the incident involving Booth.
"Finally, Boone drew a 15-day suspension for an inei-
dent involving Mair, Lee, and himself.
. Whom are white.
PE
oi TdT,
&
came: to light during- a departmental investigation of 2
police conduct that was launched two months ago Ing
- the wake of an alleged mock lynching on March 28 of a’
black tabbery suspeft: by eight Other officers, all of
Shortly after that Lincident came io light’ in early
April, the Just-concjuded investigation began and exati-.,
panded to include other alleged misconduct and 3
. original eight officers’ were themselves ‘disciplined $F
. Patrolman," Michael Patrick was’ fired and:
‘Patrolmen Vernon. ‘Straum, Kenneth. Powell, Wilbur.
Williams, Danny E. Buck, and Everett Alan Brown, and iy
Patrolmen First Class Roy Adams and James Ri 4
Coley, were-all suspended for 15 days: oN
". Patrick, Strau, Powell, Williams; nd
subsequently. indicte
his were
neck of 27-year-old Glenn Diamond. ot . ky
All five are awaiting’ trial and the suspensions of the"
four indicted with?! Patrick have= been" ‘continued
indefinitely. 3 :
The men were all members of the Patrol Division’ s
“600 Squad,” a special robbery-burglary, detall of
which Mair and Lund were supervisors.”
The grand jury wag told by some of the officers that
Mair and Lund knew of the iynching matter, hut falled
to do’ anything about, Jt oo
37. oh i!
Both men have denied the charge.
All of the policemen disciplined Thursday were also,
Patrol Division members, many with long, virtually
‘poli ice f
Socilics. of the incidents were not EA but all ¥
“* None of the men were available for comment, but :
several are expected to appeal: ¢ ce
¢ Mobile County Personnel Board hf:
ng
Ye Doyle, in looking back over the last two months, sald J
: Friday afternoon that he believes a lack of proper.
by a Mobile County grand jury £2 detect’ undue tension and strain within their‘men®¥: 2 on assault and battery charges in connection with the - Eo
‘incident, in which a- ‘looped rope was pléce) around the ! 3
+ should not abandon the police; : -'
* great majority of the men do an excellent job and the ]
“unblemished service records. Four were superviory {
personnel...
A'total of 54 officers and 60 private cit rere x
questioned during the departmental investigation §
which was directed by Riddle and City Altorey Pred
Collins. © ~ 3 pi 2
“Fifteeh officers took polygraph bie he tosis T
training of the men, particularly. supervisors, was; 3
chiefly responsible for the misconduct. 3 4
Consequently, several new training programs oi
established, including efforts to teach supervisg) :
Also,-an outside agency is expected to be retaine d,2
for a mariagement and effectiveness study of the. TN
tire department.
Finally, an Internal Affairs Division that will, in 3
effect, police the police Sepatiment is being es- 3
tablished. i
Doyle said Friday that the iyiitigalion eis i 4
Ciplining is an indication the police department will §
‘““clean its own house,’ and he added le gommpiy
The Mobile Police Departinent. is a 00d
department,” he said, “It has a good record and it has
some of the most dedicated men and some of the finest
men of any police department in the country . . . The
community can be proud of them."
EPRI TC ey oe a Sl
Ce ———— er fT a A
eral ma
96
8
Carter prepares
platform Jens
A" .
Page 54 Sen 3
Doyle ci cites overall good.
vr di }.
ers |
By DAVID SPEAR
Press Staff Reporter th Xe
In the second and final phase of the, most
widespread disciplinary action in the history of the
Mobile Police Department, two officers were fired - :
esterday and six others suspended. The action:
Yate the number of officers disciplined in the last
two months to 186.
In spite of the massive punitive action, Mobile :
Police Commissioner Robert B. Doyle Jr. said this
morning the city has a good police department,
“The Mobile Police Department is a good
department, it has a good record and it has some of
the finest men and some of the most dedicated men
Alligator = 5 3]
eats dod
Lrg
in lo ates t depariniei
“%%This whole incident involves only 16 men, a very
Is
record
‘of any police deparanet in the pity; Doyle sald
small minority. The great majority of the men do an 5
Snellen job and the community can be proud of oF
~them.”.
All of the men ‘punished yesterday ¥ were assigned b i
the. Patrol Division. Four of them were ranking AN
department supervisors and one is the current “‘Out- =
standing Law Enforcement Officer of the Year” in Sy
Alabama. - PE
Police Chief Don Riddle said late Yesterday that :
“’Sgy. Ronald K. Mair and Patrolman Henry J. Booth”, #5 :
" have been dismissed from the force, effective im: :
mediately. ;
shakeup " Riddle also said 1. Walter Milne and Lt. Clarence
J. Lund have been suspended for 30 days; Sgt.
Thomas Lee has been su Spended for 20 days; and
Patrolmen Robert J. Duff, Leroy Sieck, and John
* Wayne Boone have each drawn 15-day suspensions.
Ironically, Lee Is currently the Mobile and
Alabama -Jaycees’_ ‘Outstanding Law Enforcement
Officer of the Year'* and the Mihile Exchange Club's
‘1976 Policeman of the Yea
In a letter to Doyle, Riddle sald this morning that
the department investigation that began two months
ago in the wake of an a Heped mock lynching incident
arch 28 has investigated that instance and 15 other
See Page 8, Col, 3
L6
8
898
: Police (Continued From Page 1)
complaints on policemen’s conduct.
In connection with those instances, Mair was fired
for “wrongfully failing to interfere...or report
abusive treatment" inflicted on a citizen by Boone
behind Hillsdale Middle School in the past three or
four months.
Other reasons for Mair’s dismissal included im-
" proper supervision, violations of citizens’ con-
stitutional rights, neglect of duty and, finally, en-
""couragement of actions by men in his command
“which were illegal. :
Booth was dismissed for mistreatment of citizen:
in December, 1974, and on several occasions in 1975
.and for an incident on April 3, 1976, in which the
“report reflected that he took persons into custody. tran-
_ sported them to an isolated area and left ther tiere
Milne was suspended for failing to take dis-
ciplinary action in connection with abusive treat-
ment of a citizen by Duff about one year ago ard by
another officer last November.
.. Lund was suspended for reporting for duty on
several occasions ‘‘with the odor of alcohol on your
breath.” for failing to provide proper supervision and
for encouraging action by his subordinates which was
illegal.
Lee was suspended for failing to report the
Hillsdale Middle School incident and for participa-
tion in a probable violation of an unnamed citizen's
constitutional rights immediately following that in-
cident. :
Duff was suspended for mistreating a citizen he
had taken into custody last month near the Mobile
Fire Department's training tower near the Mobile
Municipal Garage. :
!
y
[
)
Sieck was suspended for participation in the April 3~
transportation of several citizens to an isolated area.. -
Finally, Boone was suspended in connection with
the Hillsdale Middle School incident. {
* . The action against the men represented the
culmination of the departmental investigation begun
after the alleged mock lynching incident.
Investigators interrogated 54 police officers and 60
private citizens in that investigation and ac-
ministered approximately 15 polygraph (lie detec-
tor) examinations to members of the police force.
The mock lynching incident allegedly involved
eight other officers, all of whom are white, and a
black robbery suspect.
One of those eight men was fired in April and the
other seven suspended. Five of the men are awaiting
trial on assault and assault and battery charges in
connection with the inciddent.
Only two of the men disciplined yesterday had any
involvement in the lynching matter, however. Mair
and Lund were supervisors of the eight men involved
in the mock lynching
At a somber, tension-filled meeting late yesterday,
“Doyle, Riddle, Mobile Mayor Lambert C. Mims and
City Attorney Fred Collins made the final decision to
discipline the officers.
“It’s a sad, tragic, distasteful thing to have to do,”
Doyle told the group, ‘‘but it simply has to be done.”
Immediately after signing the letters of repnmand
to the eight officers, letters which Riddle personally
delivered, an obviously shaken Mims placed his hand
on Riddle’s shoulder and said, ‘Chief, I've signed
them, but I want you to know, and I want you to teil
these men, that it’s the toughest thing I've ever had
to do.”
“It’s the toughest thing I've ever had to do, too,”
the deeply disheartened Riddle replied.
Mims and Doyle also told Riddle to explain to the
men that it was the city commission, Mims, Doyle
and Commissioner Gary A. Greenough, who had
fired them, and not Riddle himself.
Greenough, who is out of the city on business, had
been briefed earlier by Doyle.
_ The embattled Riddle, whose own termination
“from the department hz: heen demanded by some
black organizations. ~truggled to maintain his com-
posure as he left to tell the officers of the acticw
against them.
Riddle and Collins directed the department's
investigation of the matter and in another ironic
twist, it was Riddie who had recommended Lee for
the honors he now holds.
$y
_-+ Several of the men disciplined yesterday were
long-standing department veterans with previously:
good servicerecords. Lee, for instance, had been
praised after he killed a gunman -holding three
hostages at the Alabama Dry Dock and Shipbuilding
Co. (ADDSCO) two years ago. .
“I don’t know what effect this will have on the ,
.-department,”, Riddle said. ‘‘Morale is-already low, -
, and this can only make it lower. I just hope we can
recover as soon as possible and get on with our
business.” EE
“We've gone through something that has had a
=-terrible effect on this city,” Doyle said, “but we have
cerfainly demonstrated that the police department .
“can and will clean its own house and that, at least,
should be one. positive note of reassurance to the
community.” 4 2 : :
The entire matter began with the lynching episode ~~
in which a looped rope was placed around the neck of
27-year-old Glenn Diamond shortly after he was
_ arrested late March 28 as a robbery suspect.
_* The matter’s disclosure led to the firing of ,
Patrolman Michael K. Patrick and the 15-day suspen- .
sions of the seven other officers who were on the.
scene.
Patrick and four of those mén, Patrolmen Kenneth.
"Powell, ‘Wilbur Williams," Vernon. Straum, and
_ Patrolman First Class Roy Adams, were subsequent-
| ly indicted by a Mobile County grand jury.
i The remaining three officers, Patrolmen Everett
Alan Brown, Danny E. Buck, and Patrolman First °
Class James R. Coley, were exonerated by the grand
jury. oa
-~ All of the men were members of the Patrol Di-
-vision’s ‘‘600- Squad,” a special robbery-burglary™
detail under the supervision of Mair and Lund.
The grand jury was told by some of the officers
that Mair and Lund had been made aware of the *
hanging incident, but had not acted on the matter.
Mair and Lund have denied the charge.
In connection with the original disciplinary action,
the department launched the Riddle/Collins probe,
the scope of which was expanded to include other
aileged incidents of police misconduct. 5
The investigation also led to the creation of an:
*.Jnternal Affairs Division within the department, a
| .* division which: will,” in effect, police the’ police -
| department.
| of
|
|
—
«matter with anyora in the c
-‘torrney's office. Graddick said Brown
then said he wanted Diarnon d to be
“interviewed by Graddick 2s to what
] 0 § { 2
899
TR OX ICCD VED ATToUrance avcendants naul a stretcher bearing the
“knife-slashed body of 44-year-old Lenora Hyatt which was found next to an
abandoned shack (background) Monday afternoon. No arrests have been
made in connect ton wit th he homicide. (Mobile Betis Photo iz Ren
Yenesien) |
| Graddic rk Lk:
for A
ing - By GEORGE WERNETH .- L
if Register Staff Reporter zai
mee
- District Attorney Charles Graddick
. interviewed. black robbery suspact
. "Glenn Diamond Monday night to ob--
* - fain his version of the rol= ei St white -_
3 Cs TR
i t
iamond.
5 Bates] rope pions Piamond Ss neck,
Mobile Police-officers played in an ..
alleged threat to hang him.
Graddick declined to give speci
details of. the interview, saying he
would give them after his investiga- -
tion into the March-23 incident is com-
plete.
The district attorney said he inter-
viewed Diamond for an hour in his of-
“fice Monday nigat. and said he
* questioned Diamond as to *‘ what went ~~
on” during the incident ard “who was
"Involved. 2
The district attarnay said be plans.
to interview James Jones and Barbara
Marshall,” who were with Diamond
: during the hanging threat. :
Graddick said he expacts to make a
report and recommendations concern-
ing the incident within the next two
days, and possibly as soon as Tuesday.
Sade said he interviewed Dia-
muoid after finally gaining his consent
and the, consent of Diamond's at-
torney. - . su
Graddick had announced “earlier
Monday that the investizatioa by his
office was being terminat=d bzcause
Diamond refused to be interviewed.
The district: attorney said that
Diamond, who is 27, was brought from
the County Jail to his office Monday so
that Graddick or his investigators
could interview him.
Graddick said that after he advisad
Diamond that he wanted to interviaw
him only to see if a crime had been
committed against him by any of the
officers, Diamond responded by
saying, ‘I ain’t gonna say anything to
you” SL ; i
The district attorney said that after .
Diamond repeatedly refused to talk
about the matter, “I advised him I .
could not proceed without a complain-
ing witness. I then instructed the
: (county jail) guard to io%e him back to
: Jail. 2
Later Graddick tallied with
* Diamond's attorney ard Graddick
said the attorney said Diarrond r
=
the officers in question had done to
him. - .
As a resul Tof t incident which oc
curr=d after Din
March Patrolm ar
hon he pe ay.
ii ‘atrick was dismissed for placing a
then placing the other end of the rope
over a tree limb and threatening to
hang Diamond at the intersection of
Warren and Conti streets.
Meanwhile, also Monday, Mobile
: Mayor Robert B. Doyle Jr., City Com-
. missioner Lambert Mims and Police
-.Chief Donald Riddle met with the
. Interdenominational Ministerial
Alliance and Mims said .their
- appearance at the meeting was an in-
dication of “good faith” of the city and
2 of the city’s desire to “keep peace in
the community.”
Representatives of the IMA, the
Baptist Ministers Conference and the
Mobile branch of the NAACP, said
- they hope to allay tension and prevent
or ‘violence. The groups hope to intercede
between the city and the black.com-
munity, representatives said, to quell
any disturbance.
Doyle said a vigorous investization
by the FBI will be encouraged by the
city and said the seven suspended of-
. ficers involved in the matter would
not be allowed to return to patrol
duty until investigations by the FBI
and Graddick are concluded.
Doyle also said the city would
probably at the’ conclusion of the
investigations, request an outside
organization to make a study of the
:-police department. -
Two of five Kilby
escapees caug ght
MOUNT MEIGS, Ala. (AP)—
Authorities captured two of the five
“inmates who escaped Monday from
Kilby Correctional Center by cutting
through a fence and fleeing in a prison
employe’ S car.
Prison spokesman Bob Lloyd said
James E. Battle, 32, and William D.
Haywood, 43, were apprehended late
Monday afternoon following an exten-
sive search by prison personnel and
local authorities.
Still at large, he said, were James
E. Harding, 23; Henry Ford Winstead,
24; and Jamss Glenn Odom, 29.
Lloyd said guards stationed in a
prison tower fired three shots at the
escapees as they fled in a vehicla
stolen from a parking lot adjacent to
he facilit :
Today’s chuckle
Now there's an updated version of Monopoly—th= player who buys all
four railroads autom: itically gees
bankrupt.
CALL THIS NUMBER FOR HOME
DELIVERY OF THE EVENING
MOBILE PRISSS, 133-1551 -Adv.
Lo qf 0) : :
ra oO
pe
i Rs in
erving the South and the Nation Sin
NBILE, PRICHARD, CHICKASAW, SARALAND, ALA.,
eg ; £
34 HAND
ce 1813
THURSDAY MORNING, APRIL 15, 1976
Noose victim
21] 8 officers fired
By DAVID SPEAR
Register Staff Reporter
A aaa black man whom eight
white Bobile police officers allegedly
threatened to lynch last month said
Wednesday that he wasn't satisfied
with the disciplinary action taken
against the officers.
Mobile Mayor Robert B. Doyle Jr.
announced Tuesday that ene of the of-
ficers had been fired and the remain-
ine seven suspended for 15 days.
jut Glenn Diamond, the man
around whose neck a looped rope was
37 feared killed
in Argentine crash
BUENOS AIRES, Argentina (AP)
—— A twin-engine turboprop aircraft
carrying government petroleurn com-
pany employes ceashed Wednesday in
southern Argentina, apparently killing
all 37 persons aboard, authorities
reported. i
The official news agency Telam said
a wing broke away from the British-
made Avro 748 in the air, cansing the
crash in Neuquen province, 1,000
railes southwest of Buenos Aires. It
gave no further details.
The agency said observers flying
over the crash site reported some
parts of the plane were more than a
nile apart.
‘The aircraft belonged to the
Yacimientos Petroliferos Fiscales —
Y P’l' — state oil company. A company
<iatement said the 37 YPF employes
aboard included a flight crew of three.
It was a personnel flight from oil
fiolls at an isolated area called Plaza
Iinincul, the statement said. It added
thal an investigation had begun to
. ’
i — ~
: Arrests
<.
wanis
placed, believes every officer present
. at the March 28 incident should have
been terminated.
“They all should have been fired,”
Diamond said Wednesday from the
Mobile County Jail where he is being
held on another robbery charge,
“every one of them. They were all
part and parcel of what went down
there.” ;
Patrolman Michael K. Patrick was
fired because of the incident. The
suspended officers were: Patrolmen
Vernon L. Straum, Everett Alan
Brown, Danny E. Buck, Kenneth W.
Powell, Wilbur Williams Jr., and
Patrolmen First Class Roy L. Adams
Jr. and James R. Coley.
All eight remained unavailable for
comment Wednesday, but were
reportedly consulting an attorney.
Meanwhile, a spokesman for the
Mobile office of the FBI said an
investigation of the matter is under
way and that the results will be
presented to the U.S. Attorney's office
here and to the U.S. Department of
Justice's Civil Rights Division, in
Washington, D.C.
The Mobile County District At-
torney’s office has also begun an
investigation of the matter.
Also Wednesday, a spokesman for
the Mobile County Law Enforcement
Association (MCLEA), a law officers’
organization to which all eight men
belonged, said the incident will make
every policeman’s job tougher.
“Jt just makes me sick,” MCLEA
president John Price, himself a city
police officer, said, “The MCLEA,
and police officers in general, certain-
ly don’t condone situations like this.
It makes us all feel bad. It’s going to
(Page 8-A, Fired)
[SAn—— — varoees
10c DAILY, 80c V
Fired |
make it that much harder for all cf us
to keep our image up. It's just a |
terrible, terrible thing. I'm sick about
it. It’s a hell of a mess.” :
The incident took place shortly after
10 p.m., March 28, near the .
McDonald’s Restaurant on Govern- |
ment Street. i
Police officers stopped Diamond
" and a companion, James Jones, 27, of
Prichard, because ‘‘it appeared they .
could be planning to rob McDonald's,” |
Doyle said. >
Diamond fled, was arrested a few |
minutes later, and he claims several
officers hit him with gun butts and
flashlights and told him they would
kill him.
Doyle confirmed that one of the of- |
ficers suggested his collegues “get a
rope and hang him.” i
Diamond said Wednesday that
Adams then produced a rope, tht one
end of the rope was looped and placed
around his neck, and the cther end
thrown over a tree. : ‘
Doyle admitted a police cepartinent
investigation confirmed this charge. |
“Patrick started pulling the.
rope...and lifted me up to my tiptoes,”
Diamond, a twice-convicted robber,
former Black Muslim, and Black
Panther sympathizer, said.
The police investigation did not in-
dicate any actual attempt to hang
Diamond, Doyle maintained. ;
Nonetheless, “you shouldn't have
police like that,” Diamond said, ',
adding he probably will sue tae city
and the officers. \
“It was like a nightmare,” Diamond
recalled Wednesday, *‘The thought |
kept going throush my mind, ‘What if
someone comes by and wants to Iieip
me? Who do they go to? The police are
all already here—-taking part in a
lynching.” ;
Finally Wednesday, Mobile Police
Chief Don Riddle confirmed that, at
one time, officials considered giving
Patrick only a 30-day suspension.
But Riddle said he concurred in the
decision to fire the young officer
|
|
: ‘By DAVID SPEAR *7-
Revister Staff Reporter + .°
Awash in threats of racial violence,
cries for harsher punishrhent and a :
tercent of rumors, details concerning’
last month's alleged threatened
lynching of a black robbery suspect by . «sides of the s
cight white Mobile police ehricers ?
began surfacing Thursday. . ..-
Meanwhile, Mobile County District _
Attorney Charles A. Graddick sub-:
poenaed all city docdfnents concerning
the incident and its subsequent ™
investigation while an embattled city -
commission reluctantly re-stated its.
position on the matter. -. -
Graddick said he and his staff will
begin a comprehensive examination of |
the matter Friday,” which he said
could ‘very possibly result in assault
and battery charges against one or
more of the officers. «+4
One of the men, Patrolman Michadl
Patrick, has been fired in connection
with the incident and‘ The Register. :
learned late Thursday that Patrick ©
told ‘investigators he alone was’
responsible for the placing of a looped |
rope around ‘the neck of Glenn
Diamond, 27, of a Summerville Street .
address, shortly after officers.
arrested Diamond the night of March
* 28 near a Government Street
restaurant.
Seven other officers; Pts 7
Vernon L. Straum, Everett Alan
Brown, Danny E. Buck, Kenneth W.
Powell, Wilbur Williams Jr. and.
P’atrolmen First Class Roy L. Adams
Je. and James R. Coley, began 15-day
suspensions Thursday for their as yet’,
unclear roles in-the incident. go
None of the officers has bast
available for comment .since the
»9.04
ed they were unarmed and walking
~together near the McDonald's
restaurant at about 10 p.m.
—~--~-The police investigation, however,..
indicates the men were on opposite
treet, signalling each
-other. The report also says Jones was
1 armed with a pistol, later identified as =, -
being similar to one used in a stickup -. **
«of another fast food restaurant two
, days earlier, an offense with which
- Diamond has been charged. -
:-Also, Graddick said Thursday that £
< Diamond: sattdrney contacted him
ELT OTE SY mesg da
mnatter was disclosed by city officials :
Tuesday.
The men fave reportedly been ad-..
vised by attorneys not to make any
statements concerning the incident in -
view of Graddick’s investigation and .
a probe by the FBI.
In other developments Thursday,
The Itegister learned that a police
investigation of the matter differs
sharply with statements made by
Diamond, now in Mobile County Jail
an another robbery charge, and a com-
_ peaion arrested with him, James A.
Jones, 27, .of Pyjcsand, who was
released. ET a
2? details bare]
Both Jones and Diamond main ntaine tion n vay Sogn and proposed et, if
GFaudick would drop robbery charges
dats Dlamend; he Tyncuing inal Cr
© would tio Be pressed,
; SGraguiex” said fie refused, telling
ig ter, ‘If that actually hapened
Sut thera: it heeds to be Toox cd inté
and-apgropriate” action TaXen:"
Tastilt anotheedéVélopment Thur-
sday, city officials said mii that
*- they will probably ask a professional
law enforcement organization, such as’
. the National Association of Police
“ Chiefs, . to review the entire police
-i+(Page 10-A, ‘Lynching’)
“ND. ALA". FRIDAY MORNING, JUNE 11, 1976
902
a [—.
10c DAILY. 80c WEEKLY. PLUS TAX
2. |
17
By DAVID SPEAR
Register Staff Reporter
Two Mobile police officers have
been fired and six others suspended as
.a result of a just-concluded
departmental investigation of police
misconduct. Two of the men involved
Were supervisors.
The action brings the number of of-
ficers disciplined in the last two
months to a total of 16.
Police Chief. Don Riddle said late
Thursday that Sgt. Ronald K. Mair
and Patrolman Henry J. Booth have
been dismissed from the force, effec-
tive immediately.
Riddle also said Lt. Walter Milne
and Lt. Clarence J. Lund have been:
suspended for 30 days each; that Sgt.
Thomas Lee has been suspended for 20
days: and that Patrolmen Robert J.
La:if and John Wayne Boone have each
¢rawn 15-day suspensions.
‘the identity and term of suspension
of the eighth officer were not dis-
closed. Riddle said he would withhold
(he information until the officer has
been notified by his superiors of the
disciplinary action against him.
Riddle also declined to elaborate on
the cause, or causes, of the mass
punitive action, but did confirm that
the firings and suspensions
representad the culmination of a
departmental investigation that began
two montns ago in the wake of an
alleged mock lynching incident March
23 involving eight other officers, all of |
avnom are white, and a black robbery
suspect.
* * Mobile Police Commissioner Robert
1. Doyle Jr. is expected to make that
report qublic Friday.
Shortly after that investigation
began, its scope was expanded to
include other alleged incidents of
police misconduct and, in fact, only
two of tha officers disciplined Thurs-
day, Mair and Lund, had any connec-
tion with the lynching matter.
‘That incident, in which a looped
rn + was placed around the neck of 27-
ve. rol! Glenn Diamond shortly after
his.acrest as a robbery suspect, led to
-»irlier disciplinary action agaiost the
vu additional policemen.
“t'otinwing the disclosure of the
muck lynching in early April,
Pat-oirman Michael K. Patrick was
firait and seven other officers drew 15- |
da» s1us0ensions.
acr-« and four of those officers:
Patreirnen Kenneth Powell, Vernon
Steam, Wilbur Williams, and
Jatrolman @irst Class Roy Adams,
were inbsequently. indicted by a
Mobile County grand jury on assault
aad a: -oont and battery charges and
#re a amting rial,
Too tu-ae remaining officers;
oa wmverett Alan Drown,
incl, nad Patrolman #irst
8 al. Coley, wee ex-
ba mend jpeg
officers fire
spended
d isconduct i
Mair and Lund were supervisors of
the men involved in the lynching in- -
cident, all of whom were members of
the department's ‘‘600 Squad,” a
special robbery-burglary detail.
The grand jury was told that Mair
and Lund had both been informed of
the alleged mock hanging, but had not
taken any disciplinary action.
Both men denied the charges.
oy
The lynching incident provoked a
public furor, particularly among
Mobile’s black community, and
prompted charges of other instances
‘of police misconduct, some of which
were apparently factual.
As a direct result of the lynching in-
cident and the ensuing police accoun-
(Page 8-A, Police)
4
; Police -
“tability crisis, an Internal Affairs
Division to, in effect, police the poljce
: department, . is -being created and
Doyle's report Friday is expected to
changes. :
A deeply disheartened Hiaate,
- whose own termination from the
department has been demanded by
some black organizations, said Thurs-
day’s action was ‘“‘one of the hardest
. things I've ever had to do.”
~
“I don’t know what effect this will
have on the department,” Riddle said,
**Morale is already low and this can
only make it lower. I just hope we can
recover as soon as possible and get on
with our business.’ =
The embattled Riddle and City At-
torney Fred Collins directed the
department's investigation.
The end result of the entire affair,”
three officers fired and 13 others
spended, is almost certainly the.
fost widespread disciplinary actidn
the history of the Mobile Police
Department. © : : 4s
rota
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recommend other- department. - |
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903
Police deparimen ob 5.
crisis is expanding
‘By DAVID SPEAR
Register Staff Reporter
Mobile's turbulent police crisis in-
volving white officers who aliegedly
threatened to lynch a black robbery
suspect continued to worsen Tuesday
.as additional. demands for more
firings were made while The Mobile
Register learned. that two police
department supervisors knew of the
incident but failed to report it.
Sources close to an investigation of
the March 28 incident in which a
looped rope was placed around the -
-
neck of 27-year-old Glenn Diamond by .
"several officers told The Register that
two police patrol division supervisors
knew of the incident only hours after it
© took place.
The Register learned that Lt. C.J.
Lund and Sgt. Ronald K. Mair were
apparently told officers had placed a
rope around Diamond's neck only
hours after it happened but did not
report it to their superiors and did not
. initiate any investigatory or dis-
ciplinary action themselves.
Mobile Mayor Robert B. Doyle Jr.
refused to
He did say, however, that if the
police department’s ongoing internal
investigation indicates ‘‘any super-
visory personnel were involved in this
matter, they will be dealt with swiftly
and appropriately.”
The Register has learned that that
investigation is now centered around
Mair and Lund, both of whom were not
on duty at the time of the incident, but
who were the involved officers’ super-
visors and who were also both: -
exonerating the other three officers.
Since that time, various civil rights
groups have called for the firing of all
eight men and Tuesday Doyle receiv-
ed recommendations from the Mobile
Chapter of the National Association
for the Advancement of Colored Peo-
"ple (NAACP) which also suggest all
eight men be terminated.
Later Tuesday, Doyle met with
some 14 representatives of the United
Klans of America of the Ku Klux Klan,
who in turn called for the reinstate-
ment of all eight officers and the fir-
ing of black officer Donald Pears, for
allegedly cursing at a white person.
Doyle later said that the NAACP’s
11 recommendations were
‘reasonably reasonable,” but that he
‘will continue to oppose dismissal of all
eny or confirm Mair's .
- and Lund’s involvement.
associated with the department's _
controversial ‘‘600"" Squad, a special:
robbery and burglary detail within the
patrol division.
Finance Commissioner Gary A.
Greenough said Tuesday that he also
will recommend swift and appropriate
action against any supervisor involved
in the incident or a possible cover-up
attempt.
Police Chief Don Riddle was un-
available for comment.
Mobile County District Attorney
Charles Graddick, who has also
investigated the incident, declined to
discuss Mair and Lund, saying com-
ments by him were not warranted
while the entire matter remains under
investigation by the city.
The incident took place shortly after
10 p.m., March 28, near a Govern-
ment Street restuarant, when officers
arrested Diamond and a companion as
suspected robbers.
Eight officers responded to the call
and in the ensuing minutes, a rope was
placed around Diamond's neck and he
was told he was going to be hung.
A subsequent city investigation
resulted in the firing of Patrolman’
Michael Patrick and the 15-day
suspensions of the other men. .
Last week, a Mobile County grand
jury indicted Patrick and four of the
other officers on assault and assault
and battery charges while completely
- the officers.
He also said the Klan's demands
were not specific enough to deal with,
but that he opposes a blanket rein-
statement of the officers.
Klan spokesman Joe Donaldson also
called on Doyle to provide more and *
better police protection and not to fire
Riddle, as one black leader demanded
Monday.
"The Klan also “volunteered” to lend
the city 20,000 men in the event of
racial violence.
Doyle remains adamently opposed:
to Riddle's termination and NAACP
officials Tuesday made no such
demands.
Officers indicted with Patrick were
' Patrolmen Vernon L. Straum, Wilbur
Williams, Kenneth Powell, and
Patrolman First Class Roy L. Adams.
Three officers, Patrolmen Danny
Buck, Everett Alan Brown, and
Patrolman First Class James R.
Coley were not indicted and were
found by the grand jury not to have
been in the immediate vicinity of the
incident at the time it took place and
were exonerated.
The grand jury recommended they
be reinstated with back pay, a
._ recommendation now_ under cone
sideration by the city.
The grand jury said Coley arrived on
“the scene just as the incident was
concluding, that Brown was across a
street looking for evidence and that
Buck was under a house looking for a
weapon.
The Register had further learned
that a few hours after the incident, the
three officers informed Mair of what
had happened and that Lund was in-
formed shortly thereafter.
(Page 6-A, POLICE)
Today's ay
Said the puzzled child watching a ™V
commercial: ‘Mom, bow do you
iron poor blood?’
CALL THIS NUMBER FOR HOME
DELIVERY OF THE EVENING
_ MOBILE PRESS, 433-1551.-Adv.
FR
S
e
d
C
R
~
7 3
Doyle Jr.,
SN
DOYLE MEETS “WITH KLAN LEADERS—]
seated at table behind microphones, listens to demands
Kolo din. ab snd
a Mayor Robert B.
presented to him Tuesday by United Klans of America of the Ku Klux
‘Klan representative Joe Donaldson, standing. The Klan told Doyle they
want all eight police officers who were disciplined in connection with a
lynching incident last month reinstated immediately. (Mobile Register
Ft by Dave Hamby)
Police
Neither supervisory officer acted to
report or correct the matter, sources
say, and Mair allegedly told the three .
reporting officers ‘‘to keep their
mouths shut’ about it.
The grand jury report said depart-
ment supervisory personnel not only
accepted but encouraged such
behavior by officers and The Register
has learned the panel based that state-
ment on information it received
concerning Mair and Lund.
Meanwhile, Buck. Brown and Coley °
reportedly met with city officials
Tuesday to discuss their plights as
they remain suspended, but have been
cleared by the grand jury, and
also, acted properly by reporting
the matter to their superiors as
sources told The Register.
The four officers indicted with
Patrick are now on indefinite suspen-
sion pending disposition of their cases
and Diamond remains in Mobile Coun-
ty Jail on other robbery charges. .
In addition, an FBI report on the
.
matter will be sent to the Civil Rights °
Division of the U.S. Justice Depart-
ment this week to determine if federal
prosecution is warranted.
Finally, Wednesday is the deadline
Mobile County Concerned Workers
president Harry Austin gave Doyle to
fire Riddle and Officer Shannon Poole,
another patrolman accused of un- °
related racial harassment. Austin said
his group will picket Mobile
Greyhound Park to cut off dog track
money to a police pension fund if the
men are not fired.
Neither man is expected to be fired,
or disciplined in any manner.
Wednesday is also the Klan's
deadline for firing Pears, although °
they did not say what action they
would take if he was not fired.
Pears also is not Sepetie] to be
fired or disciplined.
904
Press Register
:h and the Nation Since 1813
25c SUNDAY, 80c WEEKLY, PLUS TAX
\W, SARALAND, ALA., SUNDAY MORNING, MARCH 28, 1976
gu
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gl al pig
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LE ne ' HE
By MIKE MARSHALL,
Press Register Reporter
A 25-year-old Mobile man was shot
several times by a plain clothes
policeman Saturday ght after ripp-
ing a Citizens Ban io from a
pickup truck parked on North Warren
Street. according to investigators.
University of South Alabama
Medical Center personnel identified
the suspect as Johnnie Maxwell of 2159
Wagner St. Maxwell was being Tesio
for two bullet wounds in each of his
thighs. a single wo md in his right
ankle, and superficial bu
-awmen said Maxwell and 32-year-
old Dwain Wilks of 618 Maple St. were
wrenching a CB radio from a pickup
truck parked on Warren Street just
north of Dauphin Street when they
were spotted by plain clothes officers
shortly before 8 p.m.
“‘Patrolmen Mike Patrick and Dan
uck walke 0 the fellows while
they were still in the truck, identified
themselves as policemen and told ‘em
to hold it," said Detective Sgt. Robert
Moore. “Wilks surrendered but Max-
well threw the pickup door open
which knocked Patrick off balance
and then ran."
Detectives said Patrick started
chasing Maxwell but the suspect
pitched the stolen CB radio at Patrick,
catching him squarely in the chest. At
Gas explosion
kills worker
PHENIX CITY, Ala. (AP)— An ap-
parent gas explosion tore through a
clothing factory during a storm Satur-
day morning, burning one employe to
death and critically injuring five oth-
e=s who fled the building with their
cloti.~s afire. police said.
Detective Capt. Robert Clark said
Marvin Tolbot of nearby Columbus,
Ga.. burned to death inside the Phenix
Cutting and Sewing Factory, which
was reduced to rubble in the explosion
and fire about 7 a.m.
3 < ’ SR}
“a
> % oF
5 pe
yrs
i x hye
x g’
J “- ~uthe
that point, according to investigators,
Patrick opened fire on Maxwell with a
9mm automatic, knocking the suspect
off of his feet.
A small crowd of Wintzell's Oyster
House patrons emerged from the
nearby restaurant and gawked as
policemen manacled the blood-soaked
suspect and summoned a Fountain
Ambulance.
"He resisted and ran so I shot him,’
said Patrick, who was clad in a blue
sweat SHITt, denim {rousers and
sneakers.
Dwain Wilks has been charged with
auto burglary and is being held in
Mobile City Jail. Sgt. Moore said Max-
well will be charged with auto
burglary and assault on a police of-
ficer (for tossing the CB radio at
Patrick) when he is discharged from
the hospital.
Moore said Pat Maxwell is current
ly on probation for a narcotics convic-
tion meted out by a Los Angles, Calif.
court.
Patrolmen King Daily and John
Gosnell along with Moore and Detec-
tive Sgt. Joe Connick investigated the
episode.
Patrick _is_assigned to the Mabile
Police Department's _‘‘600'’_ squad
which is composed of policemen who
patrol the city in unmarked cars
primarily to prevent auto burglaries.
Early-out release
program announced
MONTGOMERY, Ala. (AP)—
About 700 inmates may be released
from Alabama's jampacked prisons
ahead of schedule in the next few
months under a surprise new early-out
effort authorized by Prison Com-
missioner Judson Locke Jr.
Locke announced that the stepped up
release program without any advance
hints that it was in the works. It came
at a time when prison officials were
advocating greater efforts to parole
some inmates but were receiving li
concurrence from parole officers.
Locke's three-point plan does not in-
volve any early paroles but would
rotate inmates from behind bars in
other ways that are, he said, ‘‘within
existing law" and ‘‘have been proven
effective.”
These would include expanded
furlough and classification programs
as et as a more lenient ‘‘good time'’
policy, at least for now.
A prison spokesman said Saturday
there would be no ‘‘mass or wholesale
release’’ of inmates but that over a
period of weeks the prison population
may be reduced from 4 200 ta ahont 3 -
four main institutions house no more
prisoners than they were designed to
hold. Locke said Friday the early-
release effort could help lift the freeze
by May and ease the growing backlog
of prisoners in the county jails.
‘We don’t want to panic anybody by
saying we're going to turn out a lot of
people at one swoop. because that's
not what we're doing,” said Locke.
But he said the prison population
gradually may be reduced under the
early-out effort, and as other inmates
are paroled or released under normal
patterns, some of the several hundred
inmates in the jails awaiting transfer
may be sent to the prisons.
Here are the three programs:
—A one-time-only program restor-
ing ‘‘good time" of up to 12 months to
those inmates who had lost it for dis-
ciplinary reasons. Inmates who had
lost good time credits due to escapes
or physical violence would not qualify,
but locke said about 280 inmates
would become eligible for release by
having their good time credits
restored and, in effect, having their
sentences reduced.
905
Lo Berd dre
AUT Serving the South and the
163rd YEAR—NO. 81 4 SECTIONS—40 PAGES MOBILE, PRICHARD, CHICKASAW, SARALAND, ALA., SATURDA
Go hd BC; 4 Ra di
Se 4 Sis ge
5 “pe CISIETINE oF ET Rpg Cd “fn
oa
A The leadér'of the Na i on
‘tion for theAdvancement of Colored
> Cilla, fecsived & a. Tad Sts
F v Tre: lets he ee i g!
‘Mobile and written in pencil on plain
white paper. It .contained several
epithets, proclaimed, “You. will. be:
TAA oo ‘The aque.’ i
“The FBI is investigatin
1 sggpecti it. was ™®
e whovhave |
Ded me gir dugg. LJ
jas ‘a neighboring; Florida’ ‘county’
Wednesday night and éarly Thurs-
day but no group has claimed respon- p
sibility for the outbreak., 4 £75 = -
No arrests have been made in
connection with the cross burnings .
Yaniatizn
Klan spokesmen in do 6 have
denied any involvement in the Jecent
quickly extinguishied a fire
: y are shown preparing to le;
eponed ar FE Docks Friday led Investigators to believe that the * fire on board the vessel in
ros se wer burned | in Mobile ad ship; seized by U.S.-Customs at Bayou La Batre in =~ was discovered some week:
: January for smuggling marijuana, may be the target damages to navigation
of ng: to: destroy. her. The ad Suipment,, (Mobile Press.
i oan?
Hg arsonists § A
ER £20 ig = pupa “EE oy
I black. homes" and. bu in? ARSONVAT HECK: secor A
1 thay abt
No
There is. no law. against - oi
crosses in Baldwin County and Benton e i r ut ’s
is considering “asking the Alabama
Legislature to make fhe activity a TR
misdemeanor. es Seer. Lobinon ( i — The : wing Christians nw vi ws d Palestinia
The FBI is not tive inthe bloodiest single battle of Lebanon's+" hillside. refugee: camps .. al 1 side was :
investigation of the burnings because civil war raged unchecked Friday ': eastern Beirut. -, . forthe cz
A radio broadcast by the Christian ee |
Phalange party charged that/Libyan cligic ,
members of the Arab peace-keeping border to
torce wereifignung, beside the Pale- independ
stinians in the four, Ly battle. 4 . ! Nahar sa
It said four Libyans “wearing on selectric
berets on their heads and white peace people to
dove’ shoulder patches were killed - back.
during a diversionary attack on the ;' The ba
.Christian area of Ein Rummanneh: 4% another
Some 400° Libyans with blue berets: # and Chri:
bearing a broad green ribbon had join- ‘sent Sov
ed 400 Syrian soldiers of the: and Am
peace-keeping force earlier at shells ¢
checkpoints at the airport and a major - buildings
highway on the southern edge of Lebanes
Beirut. + 2 i
Christian militias battling left-wing >
Moslems and Palestinians have oppos-: U
8
ne f&era) law was violated. 27 with Palestinian guerrillas ‘and rights
* Zn °R %
op ios dead fier Ra in: og i nan
' TOKYO (AP) — At least 25 persons have been killed and eight
are missing in floods and landslides caused by heavy rains in
western and central Japan, police reported Friday. They said 65
houses were destroyed and nearly 3,000 houses were flooded,
while railway and Higwey travel were disrupted in many areas.
ed Libyan participation in the Arab
truce force, saying Libya is one of the
chief backers of the leftists in the 15-
month-old civil war.
The Palestinians claimed their to
farnac hoat hack relentless Christia«
South Pacific earthquake pesofiod
"WASHINGTON (AP) — A major earthquake was reported in
the New Guinea region of the South Pacific, the U.S. Geological
emsemms mn? i4 Deidnw Tha anak resictared about 7.1 on the Richter
2-A—MOBILE PRESS Wednesday, April 28, 1974
By DAVID SPEAR
Press Staff Reporter
Mobile City Commission and police .
department officials today continued
their investigation of a blackening
police crisis now involving not only of-
ficers involved in an alleged mock
lynching last month, but at least two
of those men's supervisors also.
Investigating officials remain silent
concerning yesterday's Mobile Press
report that two Patrol Division super-
visors, Lt. C.J. Lund and Sgt. Ronald
K. Mair, knew of the lynching incident
within two days after it occurred, but
failed to report the matter to their
superiors.
Nonetheless, the Press has confirm-
ed that the investigation is keying on
the two men and their apparent cover-
up attempt.
The incident took place shortly after
10 p.m., March 28, when eight white
patrol officers arrested a black
robbery suspect, Glenn Diamond, 27,
of Mobile.
’
In the ensuing minutes. a looped
rope was placed around Diamond's
neck by one of the officers and Dia-
mond was told he was to be hanged.
He was not and has since remained
in Mobile County Jail on a previous
robbery charge.
Today, Diamond was -taken to
Montgomery, however, for reassign-
ment to a state prison on the basis of a
previous conviction.
Meanwhile, one of the officers has
been fired and seven others
suspended.
Patrolman Michael K. Patrick, who
has been terminated and who has
reportedly admitted to being responsi-
ble for the threatened lynching, and
four other officers were indicted last
week by a Mobile County Grand jury
on assault and assault and battery
charges.
The four other indicted officers;
Patrolmen Vernon L. Straum, Wilbur
Williams, Kenneth Powell, and
Patrolman First Class Roy L. Adams,
—the secon
ARR Sei CRLRPRTIN a id
have all been placed on indefinite
suspensions, pending disposition of
their cases.
The three remaining officers who
responded to the call the night of the
incident, Patrolmen Danny Buck,
Ioverett Alan Brown and Patrolman
First Class James R. Coley, have all
been cleared by the grand jury. and,
according to the grand jury report,
acted in a proper manner by reporting
the incident to supervisors.
The three, nonctheless, remain on
15-day suspensions. The grand jury
recommended they be reinstated with
back pay and city officials have said
they will consider that request, but the:
Press has learned the matter is not un-
der active consideration at this time.
The Press learned yesterday that
Coley, Buck and Brown reported the
matter to Mair, one of their super-
visors within 48 hours after it took
place and that Lund was informed
shortly thereafter.
However, sources close to the
investigation said the two supervisors,
both of whom were associated with
the Patrol Division's controversial
600°’ Squad, a special robbery-
burglary detail, failed to report the
matter to their superiors and failed to
initiate any disciplinary or
investigatory action on their own.
In fact, the Press reported that Mair
told the reporting officers to keep
quiet about the incident.
City officials did not learn of the
matter for some two wecks, and then,
only when Diamond's attorney con-
tacted Mayor/Police Commissioner
Robert B. Dovle Jr. -
Following a hasty investigation,
Doyle fired Patrick and suspended the
other men, at the same time calling
for a grand jury probe and an
investigation by the FBL
District Attorney Charles Graddick
now says his investigation is
concluded, following the grand jury
action, and the FBI findings are to be
sent to the U.S. Justice Department's
Civil Rights Division in Washington, -
D.C.. this week.
Meanwhile. Doyle has been hesieged
by civil rights leaders demanding that
all involved officers be [ired.
Yesterday. the Mobile Chapter of
the National Asseciation for the Ad-
vancement of Colored People
(NAACP) presented its recommen-
dations to Doyle, one of which called
for the firing of all eight men.
State Rep. Gary Cooper also called
for the firing of any supervisor found
to have been involved in the matter or
a cover-up effort.
Also. representatives of the United
Klans of America of the Ku Klux Klan
told Doyle vesterday that they want
the eight white officers immediately
reinstated and another black officer
fired.
Finally, tonight is the deadiine
Mobile County Concerned Workers
president Harry Austin gave Doyle to
fire Pciice Chief Don Riddle and still
another white officer.
If the two are not dismissed, Austin
said his group will ri~kcl Mobile
Grevheund Pork to cit »ff dog track
revenics to a colice pensisn fund.
90
6
In the most recent racial violence,
: separate stoning and beating incidents
injured two whites and two blacks and
damaged six Massachusetts Bay Tran-
sportation Authority buses and two
trains Saturday night. :
The four persons injured bring to at
least 20 the number assaulted in racial
violence since April 17. Boston has had
periodic flare-ups of racial trouble
since a court-ordered busing plan was
implemented two years ago in an
attempt to desegregate public schools.
Fudora officials said the racial trou-
ble began with an argument between a
black youth and a while girl in an ice
cream shop 10 days ago and grew into
general fighting among the black and
white students. -
A dusk-to-dawn curfew was ordered
for Isudora's 3,700 residents after 100
of the Arkansas communily's 375 high
school students wore inuvnlead ie - fron
i
In Cincinnati, Clarence McNear, 43,
: Pleasure Ridge, Ky., one of 25%
3 Klansmen aboard a chartered }
Greyhound bus, was charged Saturday ;
‘with two counts: of aggravated ¢
menacing.
- The Klansmen were on their way to
Columbus, Ohio, to join a caravan to
an anti-busing rally in Washington on §
Friday. The two drivers told police
that the passengers on the bus ob- |
jected to their being assigned to the 3
bus and having a second driver along
for what the Klansmen called a free
ride at their expense.
Driver Clarence Beasley said;
McNear pulled a gun on him an ;
ordered him to put the second driver
off the bus. Beasley said he pulled the
di
3
bus to the shoulder of Interstate 75:3
about three miles from the Cincinnatti 3%
bus station,
111eft the bus as soon as it halted.
and the other driver,
James Steward, jumped off while the
!. bus was still rolling. Beasley said he i! ne
5
dL
TA
{Beasley telphoned the bus station.
"and Greyhound officials arrived with §
‘police who arrested McNear.
rasa mie = y AF y
Hs
907
AILY, 80c WEEKLY. PLUS TAX
Race unrest
marks four
U.S. cities
By The Assoclated Press
Boston city school pupils return to
classes Monday after a week-long spr-
- ing vacation marked by racial
violence in the streets, but in the little
town of Eudora, Ark., schools are
closed for the year because of fights
between blacks and whites. A
Five white police officers have been
freed on $500 bond each in Mobile,
Ala.; after being indicted on charges
of ‘trying to hang a black man
suspected of a bank robbery, and a
Ku Klux Klansman from Kentucky !
has been freed on $1,000 bond being
. . charged with pointing a gun at the
-, black driver of:a Klan-chartered |
Greyhound bus.
In Boston, despite the mile-long
march against violence attended by
tens of thousands of persons Friday, |
gangs of whites and blacks continued |
to stone passing cars and vandalize
buildin
UTI AS LUCA-UILUWILE ITIRIEE ladu
week at the school.’ :
* “And officials have ordered the high
: school and Eudora's other public
School—a combined elementary-
"junior high school—shut down for the
rest of the academic year because of
Facial disturbances. . *.v or.
- Eudora parents, both black and
white, are protesting the school ;
board's decision on Friday to close the
high school, which is 75 per cent black
and 25 per .cent white, and the
elementary-junior high school for the
remainder .of the year. Classes were
supposed to have run until May 26.
~The grand jury in Mobile indicted
the five policemen Saturday on
charges of assualt and battery. The of-
ficers were accused of taking robbery
suspect Glenn L. Diamond, 27, from
benéath a house where he was hiding,
putting a rope around his neck and
telling him he was to be hanged.
" Diamond was not charged in that
March 28 robbery but was later charg-
ed with holding up a convenience store
on March 26.
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Serving the South endl the Nation Since 1813 ot
MOBILE, PRICHARD, CHICKASAW, SARALAND, ALA, WEDNESDAY MORNING, APRIL 14, 1976
FINAL
JF.
fugu” £47
af dN 3
«lds Cw Wo Ge i
By DAVID SPEAR
Reglster Staff Reporter
One Mobile police officer was fired
Tuesday and scven others suspended
in connection with a March 28 incident
in which they allegedly threatened to
lynch a 27-year-old robbery suspect.
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"At a gloomy, censtimailied after-
noon news conference, Mobile Mayor
Robert B. Doyle Jr., who also serves.
as Police Commissioner, announced
that Patrolman Michael K. Patrick
has been dismissed for placing a
-looped rope around the neck of Glenn
- Wilbur Williams Jr
“10 p.m.,
Dimond, of 3 Somes St...
throwing the other end of the rope
over a tree limb, and threatening to
hang Diamond.
Seven other officers present at the
time of the incident at tiie intersection
of Warren and Conti streets have been
suspended for 15 days without pay,
© Doyle said.
The seven are: Patrolmen Vernon
L. Straum, Everctt Alan Brown,
Danny E. Buck, Kenneth W, Powell,
‘and Patrolmen
First Class Roy L. Adams Jr. and
James R. Coley.
Patrick’s teed became effecc-,
tive immediately. The suspensions
* become effective Thursday.
The incident took place shortly after
March 28, when police
stopped Diamond and a companion,
James A. Jones, 27, of 926 College St.,
Prichard, near the "McDonald's Ham-
burgers fast food restuarant at the
intersection -of Government and
Washington streets.
Doyle sald the ‘officers detained the
- pair because ‘it appeared they | could
be planning to rob McDonald's.’
Doyle said Jones surrendered on
sight, but that Diamond fled and was
. taken into custody under a house at
Warren and Conti streets.
By this time, several police units
had responded to the scene.
Once Diamond was in custody,
Doyic said a police department
investigation of th ~ incident indicated
shit nN 23 .
for
.the incident concluded.
According to their statements, a
non-uniformed officer arrived at the
scene while Diamond had the rope
around his neck and told his fellow of-
ficers to “cut that nigger down...\Ve
can't hang any niggers tonight.”
Doyle and stunned police officials
declined to verify that statement, or
expand on their own. Doyle said
further "possible legal action in,’
incident’
prohibited city officials from further
.connection with the
comment.
He said the Federal Bureau of |
Investigation has begun an investiga-
tion of the incident and that the Mobile
County District Attorney's office has-
been advised also.
. ficers.
10c DAILY, 80c WEEKLY. PLUS TAX.
thr pais) oat i
. offered He same AE as to how. -~ ‘The ‘city 'tself will’ not "bring
criminal charges against any officer,
he added.
Diamond's’ attorney said his client, ~
will probubly file a eivil suit against
the city and the officers,
Ile also said he was not satisfied
with the city's action against the of-
“1 think the dismissal of
Patrick was certainly warranted and
called for, but the suspensions arc not
. much action at all. A couple of the
"other officers, at least, should have: :
* been dismissed also,” he said.
Doyle, however, said he did not.
believe the other officers bore as
much responsibility as Patrick and did
(Page 8-A, FIRED)
Fired
G Continued From Pace D
not deserve the same disciplinary ac-
tion. )
The mayor. said he and pice of-!|
ficials received a complaint about the |
matter last Thursday aad conducted |
an intensive investigation before |
reaching Tuesday's decision.
He said he was convinced the of-
ficers had no intentien of actually |
hanging Diamond, tut nonetheless, |
condemned their actions as foolish, |
i irresponsible
Y NL] affine c= qed
80
6
Soe
Bi Ro A a ans i vm er E “os Ba #5 %
GLOOMY CITY OFFICIALS DISCUSS POLICEMAN FIRING—-Somber
Mobile Mayor Robert B. Doyle Jr., center, discusses Tuesday's firing of
one Mobile policeman and suspension of seven others with City Attorney
Fred Collins, left. Virtually all of the city’s top officials were present at
the impromptu news conference late Tuesday, including stunned Public
Works Commissioner Lambert C. Mims, right. (Mobile Register Photo by :
Su Wan V2 ,
warrenl and Conti Streéts.
By this time, several police units
had responded to the scene.
Once Diamond was in custody,
Doyle said a police department
investigation of the incident indicated
that an unknown officer suggested his «
colleagues ‘get a rope and hang him."" -
Patrick then proceeded to removea”
rope from the trurk of his patrol car,
“placed a loop around the suspect's
neck and lcoped it over a tree limb as
if he might actually hang Diamond.’
Doyle stated.
Diamond and Jones are black. All of
the officers involved are white.
Doyle said Patrick never actually
attempted to lynch Diamond, but
merely threatened to do so. The
mayor added that a subsequent
medical examination of Diamond in-
dicated no injury, such as a rope burn.
». Diamond's attorney disputed that |
tually pulled tke rope, lifting Diamond
“after Ye was taken into custody.
~~ In a conversation with The Mobile
Register Tuesday night, Jones said he *
too had seen rope burns on Diamond's
neck, buf conceded that at the time of
~~ the incident, he was in a patrol car
+ with his back to the tree and did not
witness the activities. . :
Jones did say, however, that
between the time he was taken into
custody and Diamond was arrested,
Patrick also threatened to kill him.
“I experienced the same kind of
treatment myself,”” Jones said,
“Patrick threatened to hang me too.
, He tried to make me pick up an empty
; pistol and run because he said he
wanted to shoot me...Some of the
other officers there had beaten me
already and told me they were going
to kill me...I really thought they
were... Patrick said they ‘were going
to kill all the niggers that night and
feed their children to the alligators.’
Patrick and the other officers were
unavailabie for comment late
_ Tuesday. :
_ Diamond, who was subsequently
identified as having allegedly taken
part in a March 26 robbery of another
fast food restaurant, is in Mobile
County Jail, and unavailable for com-
ment also.
Jones was not charged with any
crime and was eventually released
from custody.
Diamoad’s aiicrney ard Jones both
/ \2 his toes. He also said he saw rope
Turron his client's neck a few hours.
claim, however. He said Patrick ac- '
-
—
reaciugg [Iestay s uti Sv. !
He said he was convinced the of-!
ficers had no intention of actually |
hanging Diamond, but nonetheless, |
condemned their actions as “foolish, |
thoughtless and irresponsible.” :
Most of the oificers involved are in |
their 20's and have good records, |
police officials said. {
Patrick had been a_‘‘good officer,
without a bad mark against him until
this,” Doyle said.
The day before the incident took |
place, Patrick was involved in a |
shooting in which he shot a burglary
suspect at least four times after the
suspect fled an arrest scene and |
struck Patrick with a CB radio the
man was accused of stealing. :
“This was just a horrible, spur-of-|
the-moment, spontaneous, stupid ac-
tion.” Doyle said of the Diamond in-
cident, “but it does indicate that the |
city will investigate itself and clean |
its own house. 3
City Commissioner Gary A. |
Greenough said it was *'a very regret-
table incident and Commissioner |
Lambert C. Mims added that the city |
“can't tolerate such foolish actions by |
police officers, who people expect!
much more than this type of behavior |
” \
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She Page 2:A .
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Robbery. suspect rocalls terror.
. | Dy DAVID SPEAR
Press Staff Reporter ui, .-
“It was like a nightmare. The
thought kept going through my mind,
‘What if someone comes by and wants
to" help me? Who do they go to? The
police are all here 2)ceady taking part”
in a lynching.’
On the night of March 28, 18 day ago,
on a darkened corner of a Mobile
street, eight white police officers ap~
parently threatened, or actually ~
Puempted, to hang Pysstald Glenn.
me -- ote env ae bm
Price sees.
| flies job
now rt
The disclosure that sight hie
Mobile police officers allegedly
threatened to lynch a black robbery
suspect last month is “a hell of a
mess...”” that will make évery.:
policeman’s job more difficult, a
police officers’ Spokesman, Sad today.
Arabi ia
Co
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they had just arrested.
This morning,’ from the Mobile i!
“* County-Jail. where he is being held on +"
another: ‘rebbery charge, Diamond %
oo recalid? the! event — and his terror.
ply was in this car with James
i (Jones) and Barbara (Marshall) and :
ker baby when the car stalled near; .
McDonald's .~n’ Government Street,”
Diamond sala; **Jaimes and I got out to
3 .go get someone to try and jump off the
+ caror something.’
i apr a rai .
4 Diamond, ‘a. black ‘robbery ‘suspect on
RR pte ifn drt go> LR
EL
EN
“We were walking down the street
“ o when this patrol car came .up. I
3. * started to walk towards the car, but:
* Officer Adams (Roy L. Adams Jr.,
-one of seven officers suspended
Jones was taken into custedy at the
scene by officers and Diamond was
- apprehended a few minutes later un-,
; © yesterday by Mobile Mayor Robert B.",
To Doe Jr, $F porvoinshion in the in.
;; cident) starte
; ing his’ pistol. I recognized him
". because I had had some trouble with _.
"* him before when we got up a petition
to get him taken off Davis Avenue
pipe ayy). When'I saw his gun, I ~~
getting out and draw--
der a nearby house:
“Three of the policemen put their
guns to my head and {old me to come
out from under the house, When I got
out, they handcuffed me and one of
them hit me in the back of the head
with a flashlight or a gun butt,” Dia-
mond said. ‘Then another one hit me
-in the back with a flashlight.” -
“Then, they turned me afound and
* Patrick (Officer Michael Patrick who
was fired by Doyle because of the in-
cident) started hitting me in the
* stomach and chest.”
“They said I was trying to rob
McDonald's, but it was closed and I
said ‘Why would I try to rob it with
Barbara and the by in the car with
me?” 4
A few minutes later, Diamond said
Patrick said to the other officers at
the scene, “‘Let’s get a rope and hang
this nigger.”
Diamond said Adams then got a
rope from a patrol car, the rope was
looped around his neck, and “Patrick
startod hy ling yo other end over a
yn val 12) yr ree, In broke, so he found
oan (hve otariad
0T
6
~ TC ATW Re Td ulpuviTrwi er Tiny
thought kept going through my mind,
‘What if someone comes by and wants
* to" help me? Who do they go to? The
in a lynching."”’ ;
on a darkened corner of a Mobile
street, eight white police officers aj
- . ——
«My + a 2m et
police job
| new harder
Mobile police officers allegedly
threatened to lynch a black robbery mess...”
policeman’s job more difficult, a
police officers’ spokesman said today.
k,” Mobile
Association
Price said
LEA, and.
l, certainly
ike this. It
's going to
for 2ll of us ~ x
it’s just a:
1 sick about
. Doyle Jr.
2 gloomy, °
cence, that
| and seven
ection with
Patrolman
been ter-
sarville St.,
yf the rope
catening to
sent at the
nent at the
and Conti
2d for 15
- * police are all here already taking part’
: On the night of March 28, 18 day ago, .
parently threatened, or actually |
attempted, to hang 27-year-old Glenn.
-r oa ee ar
Price sees
The disclosure that eight white
suspect last month is “‘a hell of a :
that will make every.’
phir TRI : j oop VHICEL Audis (nvy Audis Jr.,
Cornu niet ls beng edo. not seven oifcers “sponded
oi 0tel, i + 7 yesterda obile Mayor Robert B,*,
= recalier ‘the event — and his terror. } yoy y 2 :
".'4 was in this car with James | “i, cident) started getting out and draw.
© (Jones) and Barbara (Marshall) and :.,... ing his pistol. I recognized him
“! her baby when the car stalled near; ..; 1 because I had had some trouble with _ .
McDonald's .»n Government Street,” "him before when we got up a petition
ss Diamond sala; **James and I gotoutto to get him taken off Davis Avenue .
““3.go get someone to try and jump off the (patro! duty). When I saw his gun, I * ~
7 ran.” .
, i, car-or something.” oe
ESM Begone Ig wi a Cpl ea
ps ERR SV 4.3 SE aa GR en eR SL RR SiR
TELLS HIS STORY — Robbery suspect Glenn Diamond sits in the docket’
room of the Mobile County Jail tcday and tells his story of an incident
which led to one Mobile police officer being fired and seven others
suspended. (Mobile Press Staff Photo by Ron Wheeler)
> .
ne Doyle Jr, for participation in the ins 5 °
uci a uralvy nuust.
“Three of the policemen put their
guns to my head and told me to come
out from under the house, When I got
out, they handcuffed me and one of
them hit me in the back of the head
with a flashlight or a gun butt,” Dia.
mond said. “Then another one hit me
in the back with a flashlight.”
“Then, they turned me around and
Patrick (Officer Michael Patrick who
was fired by Doyle because of the In-
cident) started hitting me in the
- stomach and chest.” :
“They said 1 was trying to-rob
McDonald's, but it was closed and I
said ‘Why would I try to rob it with
Barbara and the baby in the car with
me?” .
A few minutes later, Diamond said
Patrick said to the other officers at
the scene, ‘‘Let’s get a rope and hang
this nigger.” .
Diamond ‘said Adams then got a
rope from a patrol car, the rope was
looped around his neck, and ‘‘Patrick
started pulling the other end over a
tree limb, bul it broke, so he found
Beh and than ciartad nilline
.anolner Hmo, ana uaen siarweqa puilng
and lifted me up to my tiptoes.”
“The rest of them: (the other of-
ficers) were just standing around.
laughing and juking like it was some
kind of party or something.”” © =.¢
© “Finally, a detective or someone
- came by and made them quit and they.
took me downtown.” Erne 5
--". Diamond, a twice-convicted robber;
former Black Muslim, Biack Panther.
sympathizer, and member of the
radical Inmates For Action prison
organization, said he was angry that
more officers weren't fired.
“They all should have been fired.
Every one of them. They were all part
and parcel of what went down there.”
_ “You shouldn't have police like that.
Patrick told me if he had two minutes.
-alone with me he would kill me. He
said ‘When I put on this gun, I come
out here fo kill, not write parking
tickets, and people like you should te
kiiled.”” LE :
11
6
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] or Hanging
A Mobile police officer has
been fired and seven others
suspended for 1S days in
connection with the alleged
beating and attempted hang-
Prichard Man Shot
In $3.00 Roghery
veri RPT eae
A Yo pi
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a
liohile Policeman Fired
Black Man
ing of a black man. The
police officers were white.
The action was . taken
against the officers Tuesday
during a meeting of the
Mobile City Commission.
The officer terminated was
Mike Patrick.
According to reports and a
witness to the incident,
Glenn Diamond (suspected
of robbery) was hung by the
neck after one of the officer
on the scene said: ‘We are
going to kill all the niggers.”’
After another officer said
there wouldn't be any
“nigger’’ killing that night,
Diamond was taken down, a
witness said.
The witness . reported
seeing rope burns on
Diamond's neck and that he
was beaten’ by scveral
officers.
However, the findings of
the City Commissioners were
different from these reports,
The commission reported
that no physical harm was
done, that no rope burns
were found but agreed that
[Cuntinued on p,2, Cul,5|
rs. Butler Elected
Vice-President of
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HOUSE WHERE 8. YEAR-OLD BURNED. Showa is the hotte in the 800 block of Lyons’
Street where 83-year-old Joseph Blackmon was injured in a fire Saturday night, April 3. The
victim suffered smoke inhalation but managed to escape fatal burns. The house suffered
severe interior and exterior damage, The victim was rushed to University Medical Center for
treatment after Mobile Fire Danartmant Daramadics attandad to him an tha cesna Riramaon
A Mobile County Jail
inmate was reportedly saved
from 2 hanging death when a
fellow inmate found him
hanging in his cell.
The incident occurred
* Wednesday, April
Early reports implicated a
possible suicide attempt.
However, later reports
“ “indicated that inmate
Marzell Jefferson's hands
tiand legs were tired, that a
4% “trash bag was over his head
& i! !)iand that a sheet held him.
"from the neck about pne-half
foot from the floor with the
other end of the sheet
“knotted behind” a locked od ; :
: i oor.
Accordin to Gerry
Wilson, director of Link
Socicty, Jefferson said he
was afraid to eat, sleep or
leave the cell alone.
- She also said Link received
a report that Jefferson
refused a meal and that three
other inmates became ill
after cating the meal.
Personnel Board
Should Be Expanded
To Five: Cooper
State Rep. Gary Cooper
- announced Tuesday his plans
to prefile a bill with the state
legislature ‘that would cx-
pand the Mobile County
Personnel Board from three
to five member
Rep, Caaner said the bill
1
6
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213
Dairy Freeze’ "Restaurant, "507° N. Wilson Ave. in §
Prichard, of which Davis was convicted last week.
Davis pleaded guilty to the robbery of two other
persons in connection with the restaurant holdup and
received two concurrent 30- -year sentences in those
cases. .
Davis also piesdad sutly to the robbery ofa cab driver
and his father and to the grand larceny of the cab. Judge
Hogan imposed two 30-year: con-current sentences for
the two robberies and the 1. a sentence for the grand
fares of the cab.’ Pb a coil
oad I" MORMONS VOID BLACK’S ORDINATION ©
PORTLAND, Ore.--The officialdom of the Church of
Jesus Christ of Latter-day Saints (Mormon) has declared
null and void the ordination of a black priest.
-. Larry Lester, 22; of Vancouver, Wash., was baptized
recently in a motel swimming pool, .and then ordained to the church’s priesthood By Dongs A. Wallace, 25, also
of Vancouver.
The ordination took’ place on the eve of the rh Ss
annual general conference in Salt Lake City. According
to Wallace, it was done to force a revision of the Mormon
tradition toward blacks.
Blacks are accepted in the church but denies them the
priesthood. But all white male members are expected to
hold a variety of degrees of the pAgss after the age
of 12, : ETL =e)
WOMAN Is CHARGED ™ SHOOTING 2
A 2%. -year-old Mobile woman was charged with assault
with intent to murder Monday afternoon, following a
shooting incident at 460 Marine St., police said.
According to Detective Sgt. Marvin Bowman, Dicy
Jones Musgrove was taken into custody by patrolmen
after she shot 26-year-old Allen Leshore in each leg with
a .32 caliber revolver. Leshore was treated for the
wounds at University of South Alabama Medical Center
and released. Bowman said both suspect and victim live
at 1451 B South Ann St. and the shooting was said to
i
3
x
3
4 have followed a domestic squabble.
MOBILE POLICEMAN
TERMINATED
[From page 1°
there was an attempted
hanging, which they believe
was a prank. The witness,
who is black, offered reports
to the contrary to the latter.
In the April 3, 1976 issue,
the Mobile Beacon reported
- that the same white officer
(Mike Patrick) chased a black
' man, who was suspected of
stealing a citizen band radio
from a truck, and shot him
six or seven times in the
thighs, wrist and ankle.
Then, he arrested him.
The victim was Michael
Joseph Gardner. He was
reported in critical condition
a few days following the
shooting and has since been
Tuesday on charges of
-second-degree burglary.
- The following are exerpts
from a City Commission .
release.
“The City of Mobile fate
last week received a
complaint involving allega-
tions of police mistreatment
of a prisoner who had been
placed under arrest as an
armed robbery suspect.” :
‘Following an intense”
internal investigation by the °
Mobile .Police Department.
this past weekend, we have ™
concluded that the incident
did indeed occur, although
there was no physical harm
done to the suspect.”
‘Nonetheless, we consider
the act of such a serious and
"thoughtless nature that
+ Segased. He was dn. Jak. diselplinay. action Jas. been. . Municipal Court. vvnan anes
taken against eight members
of © the Mobile Police
Department.’*
*“The officer who may have
violated .the constitutional
rights of the suspect has
been terminated, effective
immediately. Seven others
who were at the scene have
been Suspended for 15
days.”
‘It seems clear that what
started as awn intended prank
amounted “to - a ossible
deprivation of constitutional -
rights . which cannot be
condoned regardless of the
circumstances.”
“Here “is - what =" our
investigation revealed: j
‘Around 10 p.m. the night
of March: 28, police on
downtown patrol intercepted
two suspects for questioning
since it appeared they could"
be planning to rob Mec
Donald's Hamburgers at
Government and Washing.
ton.
- “One suspect was ‘taken
into custody but the second
“This second suspect,
Glenn Diamond, 27, of 473
Summerville ’ Street, was
found: hiding beneath a
house and he was also taken
into custody for questioning
at Warren and Conti
Streets.”
As officers gathered at the
arrest scene, one ‘patrolman
suggested that the officers
‘get a rope and hang him.” *’
~ *‘Although this officer had
no intention of actually doing
harm to the suspect, he did
proceed to get a length of
“rope from a squad - car,
placed a loop around the
suspect’s neck and looped it
over .a tree limb as if he
might 2ctuglly hand suspect
Diamond.’
3 ‘Subsequent examination
‘revealed no injury, such as a.
rope burn.’
- ‘!Suspect Diamond was
taken to jail along with the
other subject and in a line-up
he was identified as one of
‘ the:-armed - robbers -- re-
‘sponsible : for a recent
“hold-up of another fast food
establishment.”’
‘‘Glenn Diamond has been
in custody since and is now in
Mobile County Jail, having
been bound over to the
Grand Jury from Mobile
o
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eg
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.
25
914
Sth
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"DAT wo SHEL
over wan nts
he DAVID SPEAR
% +. Press Staff Reporter
An ‘attorney. representing robbery
suspect Glenn Diamond, a 27-year-old --
black man who eight white. Mobile :
police officers allegedly threatened to
hang last month, this morning asked
that pending criminal charges against -
Diamond be dismissed due to a
* ‘remark made yesterday by -Mobile °
‘ County Dist. Atty. Charles Graddick.
Graddick said yesterday that
" Diamond's attorney, Clint Brown, had
'- contacted him last week, prior to a
police department investigation of the
* apparent lynching attempt, and had
proposed that, if Graddick would drop
robbery charges against Diamond, the
lynching matter would not be pressed.
, Graddick said he refused the
** lawyer’s proposition. “I'm outraged
at Mr.Graddick’s conduct,” Brown
* said. ‘‘What he said was a gross dis-
‘ tortion of the substance of that conver-
* sation.”
Graddick denied he had distorted
Brown’s remarks, and sald the
conversation and the proposition did
indeed take place.
Brown, however, filed a motion in
Mobile County Circuit Court to dis-
miss charges against Diamond, main-
taining Graddick had violated his
duties of office and had made a fair
- trial impossible.
Brown also asked that disciplinary
action be taken against Graddick.
Diamond was arrested March 28,
the night the alleged lynching incident
"took place near a Government Street
. restaurant. ;
He was subsequently charged with
the March 26 armed robbery of a
. Hart’s Fried Chicken restaurant .in
Mobile.
Meanwhile today, in other
- developments in the lynching incident,
Police Chief Donald M. Riddle per-
sonally delivered to Graddick sub-
poenaed city records involving the in-
cident.
dhe RA ia at Ll
& ‘Graddick- subpoenaed all city’
: investigation records of the matter
late yesterday and he said his
investigation may very well result in
assault and battery charges against
one or more of the officers involved.
One of the men, Patrolman Michael
Patrick, was fired earlier this week in
] connection with the hanging incident,
The remaining seven officers: " -
Patrolmen Vernon L. Straum, Everett
Alan Brown, Danny E. Buck, "Kenneth
W. Powell, Wilbur Williams Jr. and
Patrolmen First Class Roy L. Adams
Jr. and James R. Coley, began 15-day
suspensions yesterday for their as yet
unclear roles in the matter.
¥
%
The Press has learned that Patrick
told city investigators he alone was
responsible for placing a looped rope
around the neck of Diamond shortly
after the officers arrested Diamond
on the night of March 28, near a
Government Street restaurant.
The officers said they detained Dia-
mond and a companion, James Jones,
27, of Prichard, because the pair
" appeared that they might be about to
commit a crime.
City officials conceded earlier this
week that a rope was indeed placed
around Diamond’s neck and at least
one officer, the city maintains the
man was Patrick, told Diamond he
was going to be hanged.
Mobile Mayor-Police Commissioner
Robert B. Doyle Jr. disclosed the inci-
dent Tuesday and announced the dis-
ciplinary action against the officers.
Since that time, Doyle and City
Commissioners Lambert C. Mims and .
Gary A. Greenough have been besieg-
ed by civil rights leaders’ demands ,
that all eight officers be fired.
The city has steadfastly refused, bat: 3
did acknowledge yesterday, in a res;
statement of its position, tha
investigations of the incident by G
dick and the FBI may lead to fu
dismissals.
915
Plaintiffs: Exhibit 73
SUMMARY
The City reports 1369 white employees and 489 black
employees, i.e. 26.3% black. If the lowest job classification,
Service/Maintenance, is removed the percentage of black employees
falls to 10.4%. If the lowest salary classification is removed,
less than $5,900/year, the percentage of black employees falls
to 13.3%.
PLAINTIFFS' EXHIBIT
CITY #1 Fin. #2 Streets {4 #5 #6 Nat. #9 #10 Community #12 Utilities #13 Sant.& #15 Totals %
1975 Admin. Highways Police Fire Res.&Parks Housing Development &Transp. Sewage Misc. Black
Officials
Administrative 13 1 1 - 9 = 6-13 5 Te 3 - 1 w= 6 - 54 6 10%
Professionals 9: i - - 16, = 1 16 1 - i= 1 - Sige 10. - 56 1 1.77
Technician 14 - 6 - 66 .- 85 = 3 - 22. 1 - - 1 - 13 = 7220 1 47
Protective Service = - - 117 38 309.15 4 - - = 2 1 - = - lw 432 54 11.17
Para.Professional = =~ - - ew low 5806 250 - = - - Zz 25 3; "67 53 44,17
Office Clerical 54 1 5 - 43% -5 f=" 211 3 RL 6 - 2 f= 3 1 145 11 7.0%
Skilled Craft - = 15 2 - = = = - - - = 8 1 7 2 78 9 108 14 11.47%
Service/Maint. - 20 104 g. 2 = = Y 64 ol Le 46: 33 54 124 33.21 166 348 67.7%
Totals 90 2 47 106 3708*46 42dhs 80 122 28 2 66. 35 75 126 184 34 1248 487
W B Ww B W B W B Ww B Ww B Ww B W “B W B Ww B
W = White
* Individual statistics do not match EEO-4 totals.
B = Black
Includes 15 denominated "other" as white.
— EE Nt rt
9T
6
rr —— EE —— - FE
PLAINTIFFS' EXHIBIT
SUMMARY ANALYSIS
CITY OF MOBILE EMPLOYMENT - 1975
BY RACE, SALARY AND JOB CLASSIFICATION.
SOURCE: STATE AND LOCAL GOVERNMENT
INFORMATION (EEO-4) SUBMITTED TO THE
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Annual Salary Financial Streets & Police ; Fire Natural Resources Housing Community Utilities Sanitation Misc. Total %
in Thousand $ Admin. Highways & Parks Develop. & Transp. & Sewage Black
0-5.9 19 13 90 26 2 2 - 28 83 Ji he - = 7+ 9 37 9% 51 21 = 186299 61.6%
6.0-7.9 21 iY 19 15 42 6 2 - 30 37 Ly a} - = 46 (25 26... 31 48 9 241 125 34.17%
8.0-9.9 14 3 1% 10 i 108 37 309 15 8 1 13 - 3 = 5 +51 3 1 58: 4 53161 10.37 Oo
10.0-12.9 15 5 = 4 - 72. 1 102 - 6 - 9: a] 3 - 6 - 1 - 16 = 5234 2 .8% op
13.0-15.9 8§ - - - 7 - 3 - 5 1 2 =~ 2 - - - - - 8 5 - 35 1 2.9%
16.0-24.9 7 i~ 1 - 2 = 2 = 2 - - = 20 - 2 - - - 3 = 21 0 .0.0%
* 1{ * * _% *
Totals 90 = 2 47 106 370 46 420-15 80 122 28" 2 91 66 35 75 "126 184 34 1248 487
Ww B W B W B W B Ww B W B W B W B Ww B Ww B Ww B
* Individual statistics do not match EEO-4 totals. W = White
B = Black
1/ Includes 15 denominated "other" as white.
218
Plaintiffs Exhibit 75
Total % % %
Streets Unpaved Paved % Paved
Group (Miles) Since 1970 Unpaved Since 1970
1 Jaq..78 e355 15.9
2 350.06 2.6 13.0 2:8 5-6
= 147.61 4.7 21.0
4 35.056 1.4 3.7 i -
5 72:31 .D 5 6.5 9.7
6 Belo 33.3 114.8
Miles of Miles unpaved Miles paved since
% of Paved per per 1% of 1970 per 1% of
Group City Voters 1% Voters Voters Voters
3 0.3 32.55 «oD 3.97
2 42.5 S.0. 2d 1.07
> 14.7 9.55 .48 2.18
4 S. 11.68 «7 2.32
5 11.5 6.22 . 06 «3b
6 8.3 5el5 2 «38
Miles paved
% of Miles paved Miles unpaved since 1970 %
Group City Voters % of Voters % City Voters of Citv Voters
3, Ii & 111 66,5 8.99 20 1.44
Vs VI 20.8 Del .40 +29
MR chi Lara cl kB St He RC NA a TTT 0 CGN Co Te FT RC as
. 41 n . ‘3 :
iT al i Inatare : BN: 2 TRIS BALE 2 1 GLEE LL oc Gu VAR RETRAY
HEY wi
REA. ; \ 0 a ’ it Takes Courage to buck the political bosses in Mobile
Co. but Nick Kearney has fought into the runoff.
pn
M
i
It Takes Courage for over 13,000 voters to support a
n
d
A
T
T
R
A
AC
E
$0
S
D
«
A
! fit. man who has never run for office before, but the votars
: . supported Kearney against veteran campaigner,
2 Ji : Ralph Loveless.
/ Te tt Takes Courage to challenge the black bosses who
HAY, delivered a 3 to 1 margin to Loveless; but Kear hay has
rk IE the courage.
wr” { : ;
; WE : ee i oy 0 REE pe
es ECE OU TL 2H Beier Hug
: :
| : ELECT? CHOLAS
{ ‘, : : di
3 EER F/T a r™mmn r-a 2; HY Ks i nn
1 ’ FEE Ed 4 14 H\ |
; J { “uj : oJ td $ Lon by td WA L J pe | L
4 : h A a
4 rua oY oly vie .
3 E70, ”y
bh Adv. By Komrnoy Coram. W. Pace, Chr. bhisty ict J 487 Gi! 53, i Placa 3
CO a ARE RR shi Rot -1 11 A 0H 1% ; on WIL A gt A SON LTA Cl 3 A RL At RR Sy RR ST ret TI al
bi ion
Modele Cael Nass
920
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
ROBERT S. EDINGTON
the witness, having first been duly sworn to tell
the truth, the whole truth, and nothing but the truth, was
examined and testified as follows:
DIRECT EXAMINATION
[ox MR. MENEFEE:
Q Will you state your name, please?
A Robert Edington.
Q And your address?
A 1220 Selma Street, Mobile.
Q What is your occupation, Mr. Edington?
A Lawyer.
Q Would you, briefly, state your educational back-
ground?
A Graduate of Southwestern College in Memphis, and
University of Alabama Law School, 1956.
Q Since that time, have you lived in Mobile?
A I have lived in Mobile since that date, and practiced
law in Mobile since 1956.
Q Have you ever held a political office?
A Elected to the Alabama State Legislature, House of
02%
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
Representatives, in 1962; re-elected in '66; and re-elected
in '72. But, in the last term, to the Senate, rather than
the House.
Q Ini'72?
A 122%
MR. ARENDALL:
Off the record.
(OFF THE RECORD DISCUSSION)
MP. MENEFEE:
Q Mr. Edington, when were you elected to the Senate?
A 1974,
Q 1970.
Okay. Other than your three races for the State
Legislature, have you worked in other political campaigns,
and if so, when were they?
A Particularly, in 1958, I believe, was the year I
worked on Will G. Caffey's campaign for the State Senate.
And then, some four years later, it would have been about
1962, I worked in his campaign for Circuit Judge. And then,
of course, at about the same time, ran, myself, for the
House of Representatives.
Q Mr. Edincton, have you run for a political office,
other than these three times for the State Legislature?
922
| ~
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
A I ran in 1972 for the Democratic nomination for the
U.S. Senate.
Q Were you successful in that?
A Unfortunately, or fortunately, as the case may be,
I was not.
Q Have you ever worked in any campaign in which your
wife was a candidate?
A Yes. She ran for the State Legislature during the
last set of elections, which would have been in 1974, for
the Democratic AGRInsLion for the House.
She also ran as a delegate for the Democratic National
Convention in '76. And, in addition, she and I both ran
and were elected to the Democratic National Convention in
1968.
So, I might add, in that case it was a very minor
election. I don't think there was much, if any, opposition.
Q Do you plan to attend the Democratic Convention in
July?
A Yes. July the 12th.
Q Mr. Edington, in these campaigns that you have either
been a candidate in or worked in, have you noticed whether
or not race has been a major issue in any of these campaigns?
A In county wide races - well, in all of them to some
023
| FEDERAL STENOGRAPHIC REPORTERS
| P.O. BOX 1971
MOBILE, ALABAMA
: | 8
| 1
extent, race is an issue, yes.
3 Q Are there any inparticular that you tenehber race
4 being an especially major factor?
| 5 A In the particular races that we referred to here
6 in which I was a candidate or working, in almost no instances
7 was there a black candidate. So, to that extent, there was
8 very little injection of the issue of race into the campaign.
9 In the campaign in which my wife ran for the State
10 Legislature, the other candidate was Mr. Gary Cooper. And,
11 though I have to say that the candidates, themselves, made
12 no issue of the question of race, it was, undoubtedly, a
13 subjective issue.
14 Q In these races that we have already mentioned, do
15 you still consider that. race wasn't a factor, or it just
16 wasn't a major factor?
17 A I would say it was a factor in all, either affirmatiyely
18 or negatively. And that is, when I say negatively, many timgs
15 potential black candidates simply do not run because they
oh know they have no chance of winning.
ay Q In any of these races we have already mentioned, did
23 you ever see any literature or advertisements that made
2 appeals to race?
" A Let me say that in working on a campaign, it is very
a 75
924
FEDERAL STENOGRAPHIC REPORTERS
| P.O. BOX 1971
MOBILE, ALABAMA
: ; Foam SR .
2 hard to cut one particular campaign away from everybody else
; running at the same period of time.
4 In the Democratic nomination, as you know, there
p will be numerous candidates for all sorts of offices. And
6 there will be ballots and slates and groups backing various
7 groups of candidates or individual candidates. And, of
8 course, the question of race does come up in these,
9 generally subjectively and by code words, really, rather
10 than just openly.
11 Q Do you have an opinion whether or not race is less
12 of an issue today in campaigns than it was several years
13 ago?
14 A I think it is as much an issue, but I think it is
15 handled in a more subjective manner. It is not as openly
16 argued an issue today publicly. But, quietly, I think it
17 is very definitely a very important political issue im most
18 political campaigns.
19 Q To what extent do you think the particular eandidatesps
20 in a race determine whether or not race will be an issue?
21 A Well, that is very hard to say.
29 Obviously, in a county wide race, a candidate is
23 not going to come out loudly in either direction. Because,
that candidate has got to have as broad a base support as
925
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
10
Ie
]
possible. So, the candidate, himself, is not going to make
I would say, an open and overt appeal. But, subjectively,
his workers are going to quietly mention factors involved
in the campaign in an effort to knock the other candidate
dwn, generally.
Q In a race between two white candidates, do you
think one of the white candidates might incur liability
by acquiring too much of the black vote?
A This could happen.
This is why I say that it is rarely overtly and
openly brought up by a candidate. Because, the total
support of what sometimes is called the black block vote
can be a strong negative factor in a run-off.
What was always argued is - and I am not referring
particularly to campaigns, but just in general - that the
people running wanted, of course, to get as many votes as
they possibly could, and they wanted to get the black vote if
they weren't going to have a run-off. If they were going to
have a run-off, then they only wanted to get a respectable
percentage so they couldn't be hung in the white community
with the complaint that, well, this person is the black
community's candidate.
SEUSS
Q We have occasionally run across the term "block vote
926
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
11
1
? Is that term occasionally used in situations.....
8 A Yes. It is not used as much now as it used to be,
4 simply because that vote, whatever it may be, tends now to
5 be more dispersed with increased educational standards,
6 increased communication, increased registration, increased
7 numbers of leaders in all aspects of our society.
8 There is very little monolithic vote. |
9 Q Do you think the term "block vote' had a connotation
10 of black vote, or a racial connotation to it?
11 A It was very clearly so indicated in many campaigns.
12 I remember seeing ads in the newspaper. I can't
13 recall the name of the race right now. But, I can remember
14 on several occasions seeing ads in the newspaper that
15 candidate so-and-so got ''the block vote'. And ward ten -
16 which is not known as ward ten now, but it is the Davis
17 Avenue voting center - was almost always a poll star box.
18 And they would list it, and they would show ward ten,
19 candidate A and candidate B. And it would show candidate
20 A got ninety percent of the vote and candidate B got ten
21 percent. And this was then run in the newspaper for what-
29 ever hurt it might do to the other candidate.
93 Q That would be a liability to the candidate who....
24 A It would be a liability to the one who got the
927
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
12
ninety something percent, as a matter of fact.
0 Could such an appeal still be used today if that
situation developed?
A I would say it would be less effective, but it
would have some effect in some areas of the Mobile County
area, yes.
Q There are, of course, other factors in an election
other than race.
Would you give me your idea on the strength of
identification that people have along religious lines as a
factor in elections in Mobile County?
A I would say, in the past few years the question of
religion had very, very little effect.
I can remember as a young person that there were
so called religious group votes in the community. This being
an old French-Spanish community, at one time there was a
heavy influence from the Catholic vote, let's say. But, that,
I think, is just completely a myth today.
I don't know of anyone who votes a religious line.
Q What about national origin? I know, for example,
we have a small Greek community here in Mobile, and others
that could be identified.
A Well, Mobile's ethnic population is a little unusual 9
928
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
13
24
25
in that, though, we do have a fine Greek community with a
number of very prominent people, actually, the gross number
of voting people in Mobile of Greek nationality is extremely
small. There influence is far greater than their number,
because they are, generally, rather prosperous and rather
effective people.
So, I don't think there is any real effect there.
I don't think that ethnic background has any great effect.
I have noticed people of various ethnic backgrounds,
in Mobile, elected to county wide offices.
Q Do you know of any instances when candidates have
been able to put together sufficient campaigns basing their
appeal largely along economic lines - that is, rich against
rich, or have against have not - and that that was the
predominant issue in the campaign?
A I really don't think so.
I think they have to have a much broader base appeal
than that.
I know, as a matter of fact, wealthy people are
elected to office in this community. In fact, it is almost,
in many cases, expected. Of course, some people with very
little economic means have been elected.
Q I have just been over several factors that might
929
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
14
1
2 influence an election; religion, national origin, income and
3 we previously discussed race.
4 Are there any other major factors that you might
5 care to identify that are ......
6 A Well, of course, there are numerous factors that
7 have great influence.
8 One is the candidate's general political persuasion,
9 being, you might say, in line with or in opposition to the
10 general political attitude in the community. That is,
11 whether he tended to be more conservative or more of a
12 liberal, whatever those terms may mean. Whether that person
13 was a supporter of some particular popular political figure.
14 Such as, whether a person was a supporter of Governor
15 Brewer or Governor Wallace. I don't know whether Governor
16 Folsom ever had much to do with that. But, in my brief
17 career in politics, generally, you were either sort of a big
18 Wallace supporter, or a big supporter of somebody else, let's
19 say. " That has a political factor to it.
20 And, of course, one's national political connections
91 have some effect. That is, if one is an alleged Republican
99 or Democrat. Obviously, that has a big effect, because
93 a Republican has a very hard time being elected.
24 Q How would you compare the influence of race in
25
930
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
15
24
25
campaigns to these other factors? Or, can you compare
influence of race to these other factors we have just
mentioned?
A Without doubt, these other factors are extremely
potent, but race is equally potent. if not more so.
The candidates' race, itself, is an important factor,
That is, if a candidate is black, it is going to have one
effect on his getting the votes. And, if he is white, it
will have another effect.
I ought to say he or she, now, with the advent of
more active partcipation by women.
That candidate's attitude toward the black community
will have an effect. If it is very, very pre-black
community, it will have a negative effect in parts of Mobile|
If it is very, very anti-black, then, obviously, the black
community would find it presumptively important to vote
against this person. And, it will cause him a lot of votes,
because it is a high black registration. Not as high as
white, per capita, but it can still effect politicly.
Q Would you agree that race is always a possible issue
given the particular candidates that might run, or the par-
ticular issues that may be raised surrounding the campaign?
A Let me say that this -- the question is saying,
{| — en
Lo
24
25
931
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
16
"always''. I suppose you could find exceptions.
I would say, under most circumstances where you have
political ambitious people running for office - and,
presumptively they are politicly ambitious or they wouldn't
be running - under normal sets of circumstances I can't
conceive of any situations where race, if injected into the
campaign, would not be an issue.
Q In your experience with campaigns in this area, have
blacks been used in positions of leadership in any campaigns
where there was a white candidate, that you can recall?
A Let me be sure I understand the question.
I understood it this'way. And, that is, if a white
candidate is running, would a white candidate have a black
high in his administration, and so forth, and publicly
known as a supporter.
Q Right.
A And I would say, no.
Now, quietly and behind the scenes, people running
like to get the support of the black leadership in the
community, of course, because this means many, many votes.
But, very few candidates that I know of would or have --
in fact, I can't think of any that have, right offhand, that
I know of, had effective front line black representation in
932
| FEDERAL STENOGRAPHIC REPORTERS
i P.O. BOX 1971
| MOBILE, ALABAMA 15
:
-
2 the campaign organization out in front.
3 Q Why is that, in your opinion?
4 A It would be considered just the same as the black
5 vote. It could be used as a negative factor.
6 Of course, there are a lot of other reasons. You
7 wouldn't want, maybe, any group out front if you wanted a
8 kind of broad, generally neutral attitude. But, the fact
9 is that very few people - in fact, I don't know of anybody
10 running for county wide offices - a white candidate with
11 a black campaign manager.
12 Fe Do you think race would always be an issue in a
13 race when a black runs for office against a white?
14 A It is bound to be an issue, though, hopefully, it
15 would be less so over the years. And, I think it may well |
16 be less so now than it was a few years ago. But, as a matter
17 of fact, if injected into the race, into the campaign, it is
18 an issue. |
19 Q Does the presence of a black candidate automatically
20 inject it?
21 A The presence of a black candidate, of course, is
99 going to inject it. Not always in the campaign, itself,
93 overtly, but -- well, take the race in which my wife was
24 running for the legislature - the House - and Gary Cooper was
25
24
25
933
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
commissioner down at the City Hall who, they may think, is
hard to get to. And, again, the fact is that the council-
man may be just as hard to get to. But, the fact is, that
the average citizen feels it would be easier to talk to a
councilman.
Q Do you think there are people in the white community
that see the creatiom of the single member districts as
a loss of political power to the black community?
A Well, there are those who definitely feel that a
single member district council would result in - and feel
accurately - would result in several blacks being elected to
the City Council.
I have heard many people state that they think that
is fair. I have heard others say that they feel this would
be a loss of power by the white community to the black
community. But, it is not, I really don't think, as strong
an issue as it was a few years ago.
Q You say as it was a few years ago. Do you mean in
1973 when the referendum was held?
A No. I would say in 1960, that the idea in Mobile
of having a black member of city government would have
caused a far more serious and far more strong objection to
arise in the white community than it would today. It is much
te Sn Ant 20.4 Mt »
934
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
37
5
more accepted in the white community today.
And, in the white community, also, as far as single
member districts are concerned, a lot of people, being
people who tend to be a little selfish, say, well, if we
have a councilman in our district, then our councilman
will look out for us.
Q From what you say, do you mean to indicate that a
black. under the at large system would have a reasonable
chance of being elected to the Mobile City Commission?
A I didn't say get elected. I said there would be
less objection to a black serving in a high position of
city government. But, I don't think that that has anything
to do with a person's chance of being elected, If elected
from the district, the white community would tend to accept
iz.
They have this in Montgomery and Birmingham -- well,
Birmingham doesn't have a single member district. It has
a very unusual method of electing City Councilmen.
Q How would you describe the chances of a qualified
black candidate in running for the City Commission against
a similarly qualified white candidate?
A You mean under the present system that we have?
Q Yes.
935
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
38
A Under the present system, I would say right at no
chance.
Q And for the County Commission?
A The same way.
Q And the school board?
A The same way.
I think, factually, we have seen it demonstrated
time and time, that the qualified black candidates have
run for county wide offices and simply do not make it.
wn
Q Do you think that this is a factor in why more black
do not seek election to the City Commission?
A Well, you have to look at it this way. If you were
a black candidate, or, just say any serious black citizen
who is politicly knowledgeable and politicly ambitious and
wants to be in office, is going to run for an office if
that candidate thinks there is a chance of winning, and would
not run for an office - at least, I wouldn't think so - not
run for an office where they really don't think there is
a chance of winning. Because, the more you lose in politics),
the more your chances of losing the next time.
Q Statistics show that blacks have a lower rate of
voter registration and voter turn-out, generally, than whites
do. If more blacks sought elective ,ffice, do you think this
926
FEDERAL STENOGRAPHIC REPORTERS
P.O. BOX 1971
MOBILE, ALABAMA
43
| Q Do you think those sort of feelings are still a
And, at that time, it was not thought politicly possible to
pass, in the Mobile House delegation, a bill that would
provide for single member districts. So, when the bill
was passed in '64, or so - I forget the exact year - it
was decided to make the COURGE members run at large.
Q Why was the opposition to single member districts
———————
so strong?
A At that time, the reason argued in the legislative
delegation, very simply, was this, that if you do that, then
the public is going to come out and say that the Mobile
legislative delegation has just passed a bill that would
put blacks in city office. Which it would have done had
the city voters adopted the Mayor Council form of government
hindrance to the passage of legislation in the State Legisla
providing for single member districts in the city or county
governments?
A It is not as much of a political block, now, as it
was. It was unthinkable, politicyy, in '64, = It could
be done now, I The |
Q It could be passed?
A I think it could be passed now in the House delegati
and the Senate delegation. Particularly in the House
ture
937
I, VIRGINIA L. PASCHALL, Court Reporter and Notary Public >
’ for the State of Alabama, At large, 80 hereby certify
3 that on this date, as provided by the espplicable
4 Federal Rules of Civil Procedure and the foregoing
3 stipulation of counsel, there came before me in the
6 law offices of Messrs. Crawford, Blacksher, Figures
| 7 & Brown, 1407 Davis Avenue, Mobile, Alabama, com-
| 8 mencing at approximately 10:00 o'clock a.m., MR.
9 GARY COOPER, a witness in the above cause, for oral
10 examination, WHEREUPON, the following proceedings
R! were had:
12
x % % % % % * * % KX *
13
14 MR. GARY COOPER,
15 the witness, having first been duly sworn, was examined
16 and testified as follows:
17
18 DIRECT EXAMINATION
19 [= MR. MENEFEE:
20 Q Would you state your name, please, sir?
2] A My name is Gary Cooper.
22 Q And your address?
23 A 1208 Palmetto Street, Mobile, Alabama.
24 Q What is vour occupation, Mr. Cooper?
25 A I am in the insurance field and I serve as a legislator.
938
Q
A
4
Q
A
Would you briefly describe your educational back-
ground?
Yes, I went to grade school and high school in
Mobile. I have a B.S. in Finance from the
University of Notre Dame and graduate studies
at George Washington University in Washington,
Die Coe
Do you presently hold political office?
Yes.
What office is that?
I represent District 103 in Alabama House of Repre-
sentatives.
Have you worked in political campaigns in the
Mobile area in recent years?
Yes, sir.
What are some of those campaigns, please?
I worked in the Jackie Jacobs campaign for the
School Board and Mayor 2. J. Cooper's cam-
paign for mayor of Prichard, Gary Greenough's
campaign for mayor of Mobile. Those are
the primary ones.
Is Mayor A. J. Cooper of Prichard your brother?
Yes, sir.
Where will you be during the weeks of Tuiy 12th
and July 19th?
939
Q
Is that synonymous with the black vote?
In .my- opinion.
When the term "minorities" are used in a political
context in Mobile, does that have racial con-
notations?
I think, yes.
If someone spoke of "minority rule," what would
that mean to you in the context of Mckile
pclitics?
"Mirority" normally, as I hear it used, refers to
blacks.
Do you think that race is an issue in every cam-
paign in Mokile County?
I think that it enters just about every campaign.
Is it as significant in each race?
I think it varies in the amount of significance.
Do you think that race is less of an issue today
than it was several years ago or is it still
as prevalent?
I think it's as prevalent or maybe more so.
Why do you say that?
Well, because I think that now that a greater number
of blacks have become registered, the impor-
tance of the bloc vote is more evident in
campaigns and consequently it's more important.
940
9 |
1 Q One student of local politics has said that a sub-
2 stantial black vote for a white candidate would
3 be the "kiss of death" if the white candidate
4 was forced into the runoff. Would you agree
5 with that statement?
6 2 J would say in many instances, yes.
7 o] How does race compare as a factor in elections to
8 income?
9 A I don't think you can really compare them. I think
10 race plays a much more prevalent position.
11 Q In your experience, is religion or national origin
12 been a major factor in elections?
13 A No, sir.
14 Q Is it a minor factor or are they minor factors?
15 A TI think religion might be very, very minor. Income,
16 I don't think, is that important other than
17 the ability to have money, you know, to pur-
18 chase campaign necessities.
19 Q Is there any factor that you can identify that is
20 as important as race in politics in Mobile
21 County?
22 A Ro, sir.
23 Q To your knowledge, how have blacks been used in
24 campaign organizations for white candidates?
25 What types of positions?
941
A Normally, they aren't given positions that might
be identified in an organizational chart but
they are simply contacted, those who are
leaders, and are asked to do certain things,
help to get out the black vote in the favor
of the candidate.
You say you worked in Gary Greenough's campaign
for the City Commission?
Uh-huh.
What sort of position did you have there?
T didn't have any position such as named. I
attempted to contact the leaders in the
black community and get general support for
Mr. Greenough. |
Did you work exclusively with the black community?
Yes, sir.
Do you think race will always be an issue when a
black runs for office against a white candi-
date?
Well, always is a long time, but I would say in
our lifetime.
Has it been so in the past, to your knowledge?
Yes, sir.
To what extent was race an issue in your campaign
against Pat Edington for the State House seat
942
A
that you now occupy?
Well, it's difficult to measure the extent, but I
think if one looks at the sections where
there were predominantly black and predomi-
nantly white, I think people find that people
voted for the most part along racial lines.
Did you and Mrs. Edington have any understanding
as to what type of campaign tactics you would
try to employ or try not to employ in this
campaign?
Yes. Mrs. Edington and I agreed to attempt to run
a very positive campaign in which we as candi-
dates did not involve race or any type personal
criticism, which we did.
You-all were successful in this agreement?
I think so. |
Do you consider her a friend of yours?
Yes, sir.
Is race an issue to a similar extent in City Commis-
sion races as it is in County Commission races?
Yes, sir.
Is there & great variance with School Board races?
Y don'tithink so, sir.
When you worked for your brother's campaign for
mayor of Prichard, did you make substantial
Jl
943
1 A No, sir.
hi 0 Do you have any idea why they didn't address any
3 specific issues that concerned the black com-
4 munity if they wanted black support?
| 5 A Uh-huh. Well, I think, first of all, they could
é probably -- first of all, they had to figure
| 7 they could get the black support without
8 being specific on issues. So, that had to
| 9 be one reason, and, of course, a lot of issues
| 10 that are important to the black community are
11 not very popular to the white community who
12 has the voting power in this at-large system.
13 So, consequently, they did not make any -- you
| 14 know, bring up any issues that would lose them
| 15 any votes.
16 Q The Mobile Press-Register regularly endorses candi-
17 dates for public office. Do you have an
| 18 opinion whether or not that is influential
| 19 in the black community?
20 A I think it really varies. I am not convinced that
| 21 it is, nor am I convinced that it's not. I
| 22 really don't know.
| 23 Q Do you know whether the mayor-council bill providing
24 for a single-member district introduced by | 25 Senator Roberts has been blocked in the Senate?
944
It's my understanding it has been.
Do you know who has blocked it?
I am not certain, sir.
Have you detected whether there is any opposition
to this bill because it would allow the pos-
sibility for blacks to hold public office in
City government?
Well, I have not heard this expressed as a reason
for objection, but I think that we could be
relatively certain that that is one of the
facets of the opposition.
In the past session of the Legislature, several
bills were introduced to create single-member
districts. for ths School Board and I believe
also for the County Commission. Was the
racial composition of the districts a major
point of discussion in the Legislature when
considering these two bills?
Yes, sir.
Does that indicate to you whether or not some
individuals view the possibility of blacks
holding political office in these governing
bodies as a threat?
Yes, sir. There is little doubt in my sia. |
Do you have an estimate of how much money it would
20
945
but as someone who lives in the same community
and who shares a lot of the common problems.
They know me so they come to see me.
4 Q Do you think the black community feels that they
| [3 id
| 3 are being better represented in the State
|
6 Legislature since single-member districts have
| 7 been created?
8 A Absolutely. I think prior to the time of single-
9 member districts they never saw their repre-
| 0 sentatives. Had very little idea who they
12; were. Their representatives didn't know
12 where Chinguapin Street was or Plum or what
13 the problems on the Davis Avenue swimming
14 area and such. So, there is little doubt in
my mind. er
t
Ww
16 Q Why do you think that more blacks have not sought
1 election to the City Commission?
18 A Primarily because they feel it's a futile effort.
19 You know, most people who consider -- or a
20 great number of people who might consider
| 21 themselves qualified enough to do a good
| 22 job are also intelligent enough to look at
| 23 past voting records and to know that, when
24 running at-large, your chances of winning
25 are just about nil, even with the proper
946
>
0
>
amount of money.
Would you say this assessment is the same for the
County Commission and for the School Board?
Absolutely. |
How would you describe the chances of a qualified
black candidate would have for a City Commis-
sion post against a similarly qualified white
candidate?
Very marginal. Very little chance of winning.
If more blacks sought office, do you believe it
would improve black voter registration turn-
out and political interest?
Yes, sir.
Would you seek election to the City Commission?
Not under our current system of at-large voting.
County Commission?
No, sir.
Or the School Board?
No, sir.
Suppose a group of wealthy, influential white
Mobilians offered their support and twenty-
five thousand dollars and asked you to run
for the City Commission in 1977; do you think
you would accept the offer and run?
MR. WOOD:
26
947 6
] I, VIRGINIA PASCHALL, Court Reporter and Notary Public
2 for the State of Alabama, At Large, do hereby
3 certify that on this date, as provided by the
4 applicable Federal Rules of Civil Procedure
5 and all other Rules generally pertaining to dis-
6 covery, of the Federal Rules of Civil Procedure,
7 and the foregoing stipulation of counsel, there
8 came before me in the law offices of Messrs.
9 Crawford, Blacksher, Figures & Brown, 1407
10 Davis Avenue, Mobile, Alabama, commencing at
1 approximately 10:00 o'clock a.m.,: CAIN J,
12 KENNEDY, a witness in the above cause, for oral
13 examination, WHEREUPON, the following proceedings
were had:
14
15
kok kk ok ok ok kok of Haak
16
17
CAIN J. KENNEDY
18
the witness, having first been duly sworn, was examined
19
and testified as follows:
20
2h
DIRECT EXAMINATION
22
BY MR. MENEFEE:
23
24 Q Would you state your name, please?
25 A Cain James Kennedy,
948
And where do you live, Mr, Kennedy?
317 Montgomery Street, Prichard,
What is your occupation?
I am a lawyer,
Would you briefly describe your educational background?
I went to California State University in Los Angeles
and graduated in 1966 with B,A, Went to
graduate school there, Went to law school at
the George Washington University, Washington,
DB. C. Graduated 1971,
Since the record doesn't reflect, what race are you?
Black,
Do you hold political office at this time?
Yes, I represent House District 98, Alabama State
Legislature,
Have you ever held any other political office in this
area?
No, I have not,
Have you ever won any other political races?
No -- oh, yes, I am a delegate to the Democratic
National Convention, Distriet 26,
Therefore, you will be attending the Democratic
National Convention during the week of July 12?
That's correct,
I would like to ask you some questions now as to what
949
1 Bridges and I assume that they were distributed
2 by his opponent,
3 Q What sort of language or appeals did they make?
4 | A Well, they attack Ray Bridges - I think the gist of
5 the thing was that he had used some black deputies
| £1 to put down a riot at Murphy High School back
5 in 19 -- whenever the thing was integrated out
8 there,
9 Q In racial campaigning are there code words that are
| 10 usually identified with the blacks?
| 1 A I would think that the minority rule is one code
12 | word, The black vote is, of course, the most
13 prevalent code word that is usually used.
14 I think conservative is a code word, Law and
| is | order used to be. I don't know whether that
| 16 is so much anymore,
v Q Do you think that race is less of an issue today
" than it was several years ago?
o A 1 don’t think itis more of an issue’'todayi:than it
| was several years ago,
20
21 Q Why do you say that?
| 2 | A Let me say -- well, number one, is that I think
| 23 that many folks see that black elected officials
24 are going to be responsive to their constituents
25 and they see this as a threat and I think that
950
as a result there are a lot of folks who are
going to have a tendency to vote just the
white blockivote, as. _1.call it,
One student of local politics has said that a substantis
black vote would be the kiss of death if a white
candidate received it and then had to face a
runoff election. Would you agree with that
assessment?
1 think so, 1 think that it could be used in a run-
off. I think the opposition would use that,
you know, just would say that his opponent had
received the black vote and that would turn
Off a. lot of white.voters,
Is there any factor that you can identify that would
be as important as race in an election generally
in the past couple of years?
No,
What about religion?
I think it's relatively insignificant in this
part of the country.
What about national origin?
Same, unless you are black, 51 think if youiare , .:7.
African origin?
Sure.
Do you know of many blacks who have been used in
11
10
951
campaign organizations for white candidates?
Yes, I know of some. Their names escape me right
now,
What sort of work do black citizens usually do in
campaign organizations for whites?
For whites? They are usually paid campaign workers,
Do you know whether they have ever occupied positions
of leadership in these organizations?
Not to my knowledge, I don't think so.
Do you know whether they are ever called upon to
solicit votes or money in the white community?
Never,
In March a group of white Mobile policemen apparently
attempted to lynch.a black citizen and recently
there have been a series of cross burnings and
threats against the life of the President of the
local branch of the NAACP,
Have these events increased tensions within the
black community?
I would think so,
Do you think they will have any affect on the local
politics?
I would think, yes,
How do you think that might be manifested?
I think the -- of course, the black politician - most
11
052
of the black politicians have to take positions
on this, They have to make some comments on the
cross burning and, of course, that lynching
incident. White politicians have not taken any
position on it. I would think the reason being
that it won't gain them anything,
Do you think that race will be an issue in the
campaign every time a black runs for office
against a white?
1 .would think. so.
How strong an issue do you think it would be?
I would imagine that's it!s going to be -- it all
depends on who the candidates are, I think
there have been one race in which that was
not a strong issue, It could have been,
Which one?
That was the Pat Edington-Gary Cooper race, I
think it depends entirely on the candidate
but occasionally you'will find a race in which
the qualities of the candidates are such that
they won?t make this an issue,
Do you see similarities between running a campaign
for the city commission and the county commission
in terms of the issues and constituencies that
might be appealed to?
12
953
from some of his white constituents, Just
speculating,
Do you have an estimate of how much money it would
cost for a candidate to run a credible race
for the city commission, assuming there was some
reasonable ,
I would think a conservative estimate would be about
$50,000,00.
And for the county commission?
About a little more, perhaps. About sixty or seventy
thousand,
And for the county school board?
Much less, I think about twenty thousand would be
adequate to run an adequate race.
Do you have an estimate of how much it would cost
to run a reasonable campaign for a seat in the
State House of Representatives?
I think about twenty five hundred would be a good
estimate but I think if you are real conservative
you could do. it for a thousand,
Could a qualified candidate make a credible showing
in running for a House seat using what is known
as shoe leather politics? That is, shaking hands
and passing out a few cards?
I think that is the wonder of the house district --
23
954
Q
I mean, district level races is that you meet
through this method most of the people in the
district, |
What sort of campaign did you conduct when you were
running?
I conducted the door. to door type campaign. Door to
door, knocked on doors. I went to -- rode on
buses. Went to the factories in my area and
shook hands with the folks as they were going to
and from their jobs,
Did you spend much money on advertising, printed
advertising?
I spent $300.00 on stickers that I found I could have
gotten along without,
What about radio?
I had about $120.00 on radio.
Television?
No,
The local daily paper, Mobile Press-Register?
Huh-uh, I think I spent $13.00 on the newspaper.
Do you think that the. cost of a serious race for the
city commission is a major barrier to blacks who
seek that office”?
Yes.
What about for the county commission? Would it be a
24
955
A
barrier also? The cost?
I would think it would be more of a barrier,
Do you think that cost is a barrier for a serious
black candidate to seek a position on the
school board?
I would think it would be less of a barrier since the
cost is less,
How difficult would it be for a black candidate to
raise twenty five to $50,000.00 within the
black community to run for the city commission?
I think it's virtually impossible. I think that blacks
have not had the tradition of making contributions
to campaigns, Relatively very very few blacks
make contributions, even those who can afford
it,
Are there many blacks who can afford it?
Relatively few, but I think percentagewise, even out
of those that can afford it, relatively few of
those make any contributions, They have just
not had any opportunity to really contribute
to anybody who they thought was going to be good
for them, good for their community.
Are you as a black representative finding the black
citizens from other districts come to you for
assistance?
25
956
Right,
Outside of your own House 98 district?
Right,
What sort of problems do they come to you about?
They come to me with all kinds of problems. I get
calls as far away as Huntsville. Most black
people feel that although I represent my con-
stituents in 98 that I am responsive and really,
we are elected to represent blacks throughout the
State. . I got a call from an area close to here
and I told the lady that she ought to call her
representative in the House, Very well known and
very powerful but she didn't feel that she could,
you know, talk to him about her problem,
Do you think black citizens feel more comfortable
approaching black representatives with their
problems than they do white representatives?
I would think SO,
Do any of your constituents seek help of a personal
nature as opposed to legislative help?
Yes, I got a lot of people who have seeked help
of a personal nature. How to get Social Security.
How to get food stamps,
Do they come to you with complaints about other
government, such as the city commission, county
26
957
27
] commission?
2 A Right, They come to me with complaints but I have no
3 authority to do anything about, like I am constantly
4 getting complaints from the Trinity Gardens area
5 | regarding to inadequate streets and lighting and
| 6 | sewage, drainage, hia:
| er
| Zi How do you deal with those?
| 2 | & Well, I listen to their complaints and then I try to
9 | explain that I am not in a position to really
| 10 | help them and try to refer them to their proper
| 1 | authority, which would be the city commission.
12 But it seems to me that they never really contact
13 the city commissioners at a1. |
14 Q Do you mean as a black representative you are able to
| 15 respond to needs of the black community that
16 white representatives have not been able to,
| 17 such as, protection of civil rights?
a oid I am able to make a speech, I am able to respond in
19 terms. of talking about it. ‘But I think a lot
2 of white representatives won't even respond by
2] making any comments on controversial issues that
5 deal with blacks,
23 |Q ] read in the paper recehtly ‘that you plan to intro~
24 duce a bill to'prohibit cross burning or to outlaw
25 CTOSS burning. Do you have any ideas why white
L
958
representatives would not propose introducing
such a bill?
I would assume that they would think that that would
upset some people in their district and as a
result they would be rather reluctant to upset
anybody in the districts. It.wouldn't really
gain them any -- I would think that, for instance,
in these areas where there are very few blacks
it wouldn't gain a representative in that area
anything by introducing such legislation,
In the last session of the Legislature I believe you
introduced two bills, one asking for single member
districts for the county school board and the
other asking for single member districts for the
county commission; is. that correct?
That's correct,
What success did you have with those two bills?
Well, the one dealing with the school board passed the
House and the Senate and was signed by the
Governor and the one dealing with the .ounty
commissioners was vetoed by a county commissioner,
Vetoed by a county commissioner?
That's what. .l. am told,
How does a county commissioner veto a bill in the
Alabama Legislature?
28
9a9
A I don't know, He must have a friend somewhere in the
Senate but as I understand it, and I don't gue=s
it is any great secret, the thing failed because
I think the present county commissioners who were
sitting, who had made preparations for running
for re-election didn't prefer to see it passed
at the time,
Q Did you encounter a great deal of difficulty getting
the school board bill passed?
A I encountered some difficulty in getting it passed
through the Senate. Not very much in the House,
Q Can you describe that opposition? Was it from any
identifiable groups that were opposed to it
or motivations behind it?
A Well, I would think we started out - I started out
on this thing with ten districts and we finally
got down to f ve, The bill passed would divide
Mobile County into five districts but we started
out with ten and constantly everyone wanted to
know when I talked to my House members and Senate
members, always the question that everybody wanted
to know, how many blacks would it put on the
school board or how many blacks would it put
on the county commission. And I would assume
that that was the concern of almost everybody.
29
960
Whether there was a possibility that a black would
be elected to the county commission and school
board and how many, But I would think that there
was great concern as to + vee
Was that ever a point of bargaining or compromise,
the number or the arrangement of the black
district?
No, there wasn't any compromise, There was some
compromise on getting it through,
What sort of issues did you have to compromise on to
get it through? What were some of the points of
contentions?
Well, they didn't have anything to do with race but
there were some other political compromises that
blacks had to do that we did do.
Dealing directly with that bill?
Right.
What were they?
The Chickasaw de-annexation thing.
From your experience with these two bills in the
last session of the Legislature, do you have an
opinion whether or not many white citizens want
to maintain the present at-large system for the
county government as a way to prevent blacks
from gaining:political office?
30
961
Well, I have had at least a hundred people from
Mobile County who nde been to a session of the
Legislature who have never been there before and
lived here for a long time,
Most of these are black citizens?
Alliofi ‘them bhlack,
Do you think the black community feels that {hey are
being better represented in the State Legislature
since oa.
I think they feel they are being better represented
because they know who their representatives are
and they know that they can call on the representa-—
tives at anytime with any kind of a problem,
Whether political or personal.
Do you think that this perception of the black
community, whether true or not, is beneficial
to the community?
1 think it's beneficial.
Why don't more black candidates seek election to the
city commission?
1 think:- putting it simply, I think that they know’
that their chances are rather nil,
What about the county commission?
Even less so.
What about the county school board?
32
062
I think most black candidates after Lonia Gill and
Doctor Jacobs, T think most of them have given
up. I think they reason that if these folks
can’t be elected, good qualified people, there
isn't much of a chance of anybody elected as
long as we have this at-large
How would you describe the chances
black candidate in a race for
against a similarly qualified
He has no chance at all,
election,
of a qualified
the city commission
white candidate?
What about for the county commission?
I think he would have no chan:.e but he would have
more of a chance than if he ran against the
city commission,
A black would have more chance . .
I think he would have more of a chance in the county
than he would in the‘ city but 4t still would be
no chance at all. Far less of a chance than
the white candidate.
Why do you think he would have more chance in a county
race than a city commission race?
In the county commission?
Yes.
Of course, the setup we have are .these different
- in the icity, ‘ofcourse, you have the
33
963 34
] commissioners who are responsible for these
2 different areas, They have different areas
3 of respoASibITItY, You have the finance,
4 commissioner for the finance, Public safety
5 and 1 think the other one is public works, I
| c | believe,
| 7 That means if a black was elected that he would have
8 overall authority in one of these areas,
| 9 In the county, he could be isolated if he was
| 10 elected on the county as a county commissioner.
1 They are three and they could isolate him
12 by just two votes could fairly isolate him,
13 Q How would you describe the chances of a qualified
| 14 black candidate would have for a race for the
| 5 county school board against a similarly qualified
16 white candidate?
| 17 A It's proven that they don't have very much of a chance,
| 18 Q Do you think that many qualified black candidates
| 19 would seek office for the city commission if
| 20 they felt there was a much better chance of
| 2 being elected?
| 22 A 1: think they would but I know for a fact that no black
| 23 candidate -- I know just. about all the black
| » folks in the community and I don't think that
”s there is going to be any to seek election to any
|
964
of these bodies as long as they are being
elected at-large, The reason is that their
chance of success is just not worth the bother,
Q Do you have a similar assessment for the county commi-
ssion?
A Sure,
Q County school board?
A Yes.
Q If more blacks sought political office, do you believe
it would improve black voter registration and
black turnout and political interest?
A I think it would. When people know that there are
candidates that will address themselves to black
issues or white issues or any other kind of
issues, I think they are going to turn out in
greater numbers when they think they have a
choice in the candidates. And as long as they
feel that they don't have a choice, that neither
candidate is going to do anything for them or
for their community, they are just not going to
turn out. There is no reason to turn out,
MR, MENEFEE :
That?’s all,
35
— POMM NC,
MAY (082 EDITION
GSA GEN. REG. NO. IN
+ UNITED STATES GOV" <\NMENT 965 The ™-yvartment of the Treasury
TO
FROM
SUBJECT:
~~ Washington, D.C.
Memorandum
The File | DATE: . - 3/- 75
cover ghiepny, Malaku Steen, Paul Landry and Elliott Clark
Compliance Trip to Mobile, Alabama
BACKGROUND
The Office of Revenue Sharing received a complaint from
the Mobile, Alabama Branch of the National Association for
The Advancement of Colored People, charging the City of Mobile
with discrimination in the distribution of Revenue Sharing
Funds. The two (2) main areas of concern are related to pav-
ing or resurfacing ventures and city operated recreational
facilities. ie
During the period August =F, 1973, the Compliance
Manager of the Office of Revenue Sharing, along with an Equal
Opportunity Specialist, an Auditor, and a representative from
the Department of Justice were in Mobile, Alabama investigating
the complaint of discrimination. The investigation involved:
1) meeting with City Officials (Ere Rayo, Finance Commissioner,
City Planning Director, Senior Engineer For Public Works, etc.);
2) meeting with the complainant and other representatives of
the Black community (President, Motile, Alabama Field Director
of the” NAACP, “the Pastor ©f'a Baptist Church, etc.); 3) making
site inspections of the alleged discriminatory areas and other
Buy U.S. Savings Bonds Regularly on tle Payroll Savings Plan
966
areas in the C. -y°0of Mobile; and 4) exami...ng-records.of a
financial nature to determine where Revenue Sharing Funds have
been expended, obligated and budgeted.
For.the period October:l,-1972.to September 30,.:1974,
tha City of Mobile. anticipates receiving 312,226,000 ‘of Revers
Sharing Funds. . Of .this amount $7,452,980 is platmed for ‘Public |
Works (paving, drainage, resurfacirg various streets, oulveYLa |
purchasing specialized vehicles..etc.), and. S$1.572,000.1s |
planned for Parks (swimming pools, recreation center, etc.).
See. Axhibits Al attached for.details. As of July 31. 1973
approximately $1,950,000 had been expended and approximately
$950,000 had been encumbered for a total of approximately
52,900,000. See Exhibit "B" attacted. for detalls.
FINDINGS AND CONCLUSIONS
Recreational Facilities
The meeting with the members c¢f the Black community focused
primarily on two recreational areas - Herndon Park, which is
in a white area, and Gorgas Community Center, which is in a
Blaek area... In.addition,.the NAACF, Mobile,.Alabama Branch,
took issue "with the near million collar planned expenditure
on a.golf course'.
Pictures of the two, parks cleerly show that Herndon Park
is. in better condition than Gorgas Community Center. ~ Further-
more, the swimming pool in the Center is not operative and is
in dire need of repairs. The Reverue Sharing Budget for Parks
|
|
|
|
967
(Page No. 13, budget Number 432) stows thaw $119,400 was
budgeted for the Gorgas Park pool for Fiscal Year: 1972-1973.
We were advised ‘by City officials that the pool "situation at
Gorgas will be rectified before next summer (plans call for a
new pool to be built). 3 nubs
Another area mentioned by the NAACP in their complaint to
the Mayor of Mobile was the Joe Radford Thomas Center. Reno-
vation of the pool in this Center is included in the Revenue
Sharing Budget (#433) in the amount. of $73,200 for Fiscal
Year 1972-1973. It is anticipated that the renovation will be
completed by next summer also.
Regarding the golf course, we found a proposal to the
United States Department of the Interior, Bureau of Outdoor
Recreation, requesting 507% Federal assistance, namely, $265,953
(the balance to come out of the City of Mobile's Capital Fund -
not Revenue Sharing), for a 9-hole golf course, driving range,
ete. , iow Miller's park. Clty officials confirmed that''there
were no plans to use Revenue Sharirg Funds for constructing
a- 5olf course.
Regarding recreation, we conclude that the claim of dis-
crimination is not supported by the facts. We should follow- :
A i a ER A 2 Lah] SIGART SST ST
up “to see that the pools in minority areas are constructed or
renovated in time to be used by the beginning of next summer.
City officials advised that the delay was partly due to the
fact that the City was caught’in'a blind’ with ‘the contractors
. —— ——.
due to the additional amount of work generated by the receipt’
968
of Revenue Shai-ng Funds.
Paving, Resurfacing and Drainage
Our review did not substantiate the charge of discrimination
relating to the assignment of priorities for paving, resurfacing,
alld drainage of the various city streets of Mobile. In many
cases, resurfacing and drainage prcjects are already in process
in certain areas of the Black and White neighborhoods.
We were informed by city officials that the areas selected
were in conformance with the overall Mayor Street Plan of 1968,
which was accelerated due to receipts of the Revenue Sharing
Funds. Areas such as those located in the vicinity of the
Mobile General Hospital were cited as having higher priority
because of the floods which cut off ascess to the hospital. The
city also maintains that the areas selected for drainage were
selected because of the topography which necessitates doing
certain areas first.
The complainant provided several photographs to support
his allegation of discriminationsir the assignment of priorities,
but it appears that the complainant was not aware of the city's
criteria used for establishing pricrities. LE
Examples of some of these streets cited by the complainant
as needing resurfacing were Summerville Street intersecting
at. Joy.lane,. Stanton, Street, and the Old Shell Road from
Bay Shore Avenue to Martin Street which has open ditches. Two
of these were mentioned in the Mobile Newspaper as slated for
[
|
969
| resurfacing and are now in process, The 01d Shell Road area
has not been considered for repairs within the period of the
two-year program, but later discussions with Mobile City
Officials indicated that this area will be repaired during the
2nd year of the program. A review of the two-year budget for
the Revenue Sharing Funds, and the areas outlined on a map
provided by the city, disclosed thet plans do include areas of
——
—>/the Black communities. However, it is quite evident that these
|
|
|
| areas to a very'large degree (with the exception of Trinity
|
| Gardens and the Bay Bridge Area) are being used for commercial
|
/ and commutertraflfic, (such as Davis, Stanton, Donal, and
™\
\ - Summexville Street,) rather than for the use of citizens in more
\
\
\
i
\ generalized residential areas. The yellow areas noted on the
| map indicates that resurfacing projects have been concentrated
i
| on many of the main and side streets of the White neighborhoods.
: > There is clear evidence that the resurfacing projects were not
A —————— ee —————— =. Tm r— seers ————————— ERT a
' performed on an equable basis among, the neighborhoods.
«TTD
The complainant also provided several photographs of areas
which had poor drainage, such as Chisam and Persimmon Street
which were caused by the dike buili by the city to retain the
water from the river. The city has now agreed to cut a hole in
the dike, so that the accumulated water can filter into the
river.
970
The total -..llocation of Revenue Sharx..g Funds (approxi- |
mately $81,176,000) for the IAEA 11: tion of drainage systems has |
~~ been limited to the neighborhoods cf; Riverside, Beichleiu, |
Mertz, Maryvale, Maysville, Rolling Acres, Jackson, Bolton and
Airmont. Some of these neighborhocds are shown as areas with
drainage problems, but others are indicated as having adequate
re ee — % ;
Those areas which were considered with adequate drainage were
dranage. All of these neighborhoocs are predominantly White.
included in the Revenue Sharing Bucget, when those in the Black
neighborhood listed as poor drainage were not. Also, we noted
that the city's capital budget shows that $700,000 was allocated
for a drainage project along the Dog River area waich is also
predominantly White. We did note however, that the city of
Mobile has allocated approximately $1,000,000 for the drainage
Je ———
system along the 3 mile Creek area and the Downtown section,
rr At sr ——— a ere,
mm Bae
Bi
which is predominantly Black.
a
-—
General
Pointing out specific areas where streets have poor drainage,
where there are open ditches, pot-lLoles, etc., does not of
itself prove discrimination.
971
LAMBERT C. MIMS
FOR
CHRIST
AND
COUNTRY
Fleming H. Revell Company
Old Tappan, New Jersey
972
1
The Next Step in
Race Relations
IT HAS SOMETIMES been said that Mobile has been lucky
in race relations. It is true that there is a fine spirit between
the white and the black communities of our city. We are
indced thankful that, as of the date of writing this book, we
have avoided the kind of demonstrations and riots that
have plagued so many American cities.
But there is no such thing as luck when it comes to
people getting along with one another. It doesn’t matter
whether it’s in a marriage or among neighbors, friends,
communities, cities or states, for a harmonius relationship
to exist, there must be cooperation and effort on the part
of all concerned. Mobile’s good record in race relations is
no accident. It has taken hard work and many long hours
of unselfish patience on the part of many of our citizens to
create the wholesome atmosphere we have today.
I will not pretend that everything has been rosy in this
area. The city commission promised the black citizens of
Mobile that we would visit their neighborshoods person-
ally and meet with the leaders of the various communities
to learn what the different problems were. In one of the
first communities we visited, we found a disturbing situa-
tion. In addition to the people of the neighborhood who
came to the meeting, there was a large number of out-
siders. Some were from other parts of the city and some
were from far away. Most of these were militant blacks, but
many were clergymen—Protestant ministers, Catholic
60
973
priests and nuns. For nearly three hours these people ac-
cused and tried to intimidate their city fathers. Never in
my life have I seen such abuse of public officials. We dis-
continued the neighborhood meetings.
Recently | was asked, during a television news confer-
ence, whether we were going to resume these meetings. I
made the statement that I do not intend to go back to a
meeting like that again, to be abused and harrassed by
militant irresponsibles whose aim, as far as some of us
could determine, is simply to disrupt the whole city. I do
not believe that the people who elected us to the city
commission would endure this kind of thing, and neither
will we. :
As I have mentioned, we have several militant groups in
Mobile. One group is known as Neighborhood Organized
Workers, or Now. This organization planned to bring
Stokely Carmichael to our twelve-million-dollar Munici-
pal Auditorium, and the auditorium’s board advised the
commissioners against renting it for that purpose. Such a
trail of fires and riots has followed Carmichael across the
United States that our citizens overwhelmingly opposed
bringing people of this type into our city. When the rental
of the auditorium was refused, Now brought Carmichael to
town anyway, and he spoke at an abandoned church.
The first time Carmichael spoke there, a number of in-
terested representatives from the FBI, the Justice Depart-
ment, the state attorney general’s office and other groups,
were there. He spoke of things he admired about Castro
and Ho Chi Minh, filling his hearers’ minds with things
that were not good, but he avoided saying anything for
which he could be arrested.
Later on Now held a closed meeting at which Carmi-
chael spoke again. It has been reported that at this meeting
61
v
974
instructions were given for instituting guerrilla warfare,
making Molotov cocktails, and the like. Of what he said
we have no definite proof, but we do know that within two
weeks of the Carmichael visit, there were a number of
mysterious fires. The burning of a furniture store, an auto
parts building and a mental health building created heavy
losses. We have had a number of fire bombings since, and
a great deal of pressure from Now, even though it has only
about two hundred members.
Of course, the majority of the blacks in Mobile, like the
majority in most places, are law-abiding and peaceful. De-
spite its small size, Now is very militant. The members say
openly that if they can’t have what they want, no one else
is going to have it, even if they have to burn down the
town.
When the leader of Now made a statement of this kind
at a public meeting, I notified him immediately that any-
one caught disrupting anything is going to be in trouble.
One of these nights our special police detail will catch
someone tossing a fire bomb, and it is going to be too bad
for that person.
In August, 1968, Now wrote me a letter demanding that
we create a police review board, establish what it called a
truth center requiring the news media to report more news
of things interesting about the black people, create a de-
partment of human relations headed by a black man, and
appoint a Negro to an administrative position on the staff
of the auditorium. Some of the demands were patently
ridiculous. For example, all positions with our municipal
government are based on civil service examinations. The
names of those who pass the examinations are put on a
certified list and a particular job must be filled from one of
the top three names. We could no more guarantee a Negro
62
975
a job than we could promise that we would hire a German,
an Italian or anyone else of a particular creed or color.
Race, national origin, and the like, must not and shall not
enter into our hiring practices.
Some have said that we should lower our civil service
standards so that more blacks can be hired. But there is no
way to do this; nor would it seem right even if we could
do it. When we hire someone, whether it is a secretary or
an engineer, we need someone who can do the work. Any-
thing less will not do, either in private enterprise or in the
public service, but some people do not seem to realize this.
We do not believe our city needs the boards and posi-
tions demanded. Since these would waste the taxpayers
money and since our hiring practices forbid the hiring of
anyone simply because of race, we refused NOwW’s de-
mands.
Now then began picketing the Municipal Auditorium,
succeeding for some time in keeping many people out of
it. Certain social organizations and black groups who had
previously used our auditorium decided not to cross the
picket line and stopped renting it. We appealed to every-
one to continue using the auditorium, as it is our sincere
conviction that the responsible people of our community
should not be kept away from one of their finest buildings
by a group of militant irresponsibles whose chief aim ap-
pears to be to disrupt the peace of our municipality. We
appealed especially to the responsible black majority to be
willing to stand up and be counted. Here, we believe, lies
the direction for continuing good race relations.™>
Race relations in our city have a good foundation. As far
back as 1942, our municipal government saw a need for
hiring Negroes. The first black man hired by the city as a
classified employee was as a fireman. Today there are
63
976
twenty-cight Negroes in our city fire department. In 1943,
the first Negro Playground and Community Center Direc-
tor was employed. Today there are ten black directors and
many black ecmployecs in our recreation department. The
first Ncgro patrolman was admitted to the Mobile police
department in 1954. Today there are thirty black patrol-
men, one a detective, who was recently named Patrolman
of the Year. In 1960, the Mobile City Lines employed their
first Negro bus driver. Not long afterward, the Mobile
County Sheriff's Department began to use Negro deputies.
In many areas of our municipal life, Negro employment
has continued to expand.
The Mobile City Commission created a special Advi-
sory Commission in 1963. One of the first things I did after
being elected a city commissioner was to attend a meeting
of this special commission which has been little known to
many Mobilians in spite of its quietly effective activities.
I discovered that the commission, which consists of eight
white and four black members, meets twice a month and
provides the city commission with a readily accessible
group of informed citizens to whom it may turn for advice,
information, and recommendations in many areas of pub-
lic concern. It also provides communication between the
various interests concerned with broad community prob-
lems. It was created to give special attention to such mat-
ters as human relations, and moral and social problems.
Operating without fanfare or publicity, the Special Advi-
sory Commission has solved many urban problems.
This commission has the confidence of Mobile’s Negro
community; therefore, it has been able to cool off the Rap
Browns and the Stokely Carmichaels who might otherwise
have fanned flames of hate. When Martin Luther King and
others wanted to come into Mobile for rallies, demonstra-
64
977
tions and boycotts, the black community refused to coop-
erate, largely because of the efforts of the Special Advisory .
Commission. It was this group that prevented a demon-
stration before the national television cameras during a
Junior Miss Pageant in the Municipal Auditorium, also
preventing a sympathy march during the unfortunate inci-
dents in Selma.
If any of this sounds in any way negative, let me point
out that the Special Advisory Commission has been able
to persuade various business leaders in our city of the
reasonableness of many Negro requests for service on an
equal basis with whites. Meetings with these leaders led to
the opening of lunch counters for non-segregated service
long before many other Southern cities—and many North-
ern places of business—had taken this step. The commis-
sion has been fortunate in obtaining employment for
qualified Negroes in banks, department stores, utility
offices, and many other places where there were color
barriers only a few years ago. This project of finding jobs
for qualified Negroes, and finding Negroes for available
jobs, is being financed by local businessmen.
The Special Advisory Commission set up an office for
handling employment and created the position of Job
Coordinator, capably held by the Reverend Charles Tun-
stall, a Negro minister. He has been instrumental in plac-
ing a number of Negroes in jobs, and his efforts have been
well received by white business leaders. As Mr. Tunstall
puts it, “When they find out that I’m not a blackjack man,
and that my job is to build a better community through
harmonious race relations, they are put at ease.” Needless
to say, no pressure is used against any employer by Mr.
Tunstall; he simply tries to place trustworthy and qualified
Negroes in various levels of our economic society. Those
65
978
Negroes who know they must produce to get ahead in this
world are the ones we are able to help through our Job
Coordinator's Office.
In addition, the Mobile Area Committee for Training
and Development is doing a wonderful job providing
blacks with skills such as welding and shipfitting. Our local
trade school has helped greatly in the advance of the Ne-
gro race in our community.
In the summer of 1968, the city commission initiated a
program of hiring underprivileged young people. We set up
centers in six areas of Mobile where these teen-agers could
apply for jobs. We considered only applications from those
whose family income was less than $3000. Most of the six
hundred young people we hired were Negroes. They were
employed for six weeks of the summer in our public works,
traffic engineering, parks and electrical departments. This
was the first time some of these young people had ever held
jobs. We gave them an opportunity to work, and showed
them that they could make some money through skill and
effort. Some of them learned to work for the first time in
their lives, and all of them accomplished a great deal. The
program worked beautifully and we are very pleased with
what happened. Now those six hundred young people are
back in high school and college, and their studies mean
more to them because they have tasted the meaning and
the fruits of worthwhile employment.
Today Mobile is without a doubt the South’s most inte-
grated city, and this has been brought about with very little
trouble or confusion. The single exception to date is the
dastardly bombing of the home of a civil rights worker.
In the area of Negro race relations and employment in
our area, we can see many accomplishments during the
past twenty years, especially in the last ten. When one
66
979
looks at a city like Birmingham, with not one Negro po-
liceman, one wonders if that city could not have avoided
much trouble if it had had the foresight of Mobile. Impor-
tant positions held by Negroes here, in addition to those
already mentioned, include those of electrician, building
inspector, clerk, secretary, concessions attendant, ticket
seller, school traffic officer, truck driver, and heavy equip-
ment operator.
Mobile county schools were desegregated in 1963. At
present more than twelve hundred Negro students attend
bi-racial schools in the county. The high school with the
largest number of black students is the Ben C. Rain High
School, where my seventeen-year-old son, Dale, is a jun-
ior. I am happy to report also, that all four of Mobile’s
institutions of higher learning have Negro students.
If we are to continue to make progress in race relations,
we must have reasonable citizens, both black and white.
We who are white must face the facts and admit that the
Negro has been oppressed in many areas. We must confess
that during the past century Negroes have been dis-
criminated against in many ways. We must recognize that
we live in a new era; that yesterday is past, and all people,
regardless of race, color or creed, are entitled to equal
rights. Reasonable white men must no longer deny any
man an opportunity for advancement because of his color;
and reasonable white men must allow all qualified men to
advance as doors of opportunity open.
We can no longer live in the days of our forefathers.
Negroes no longer live down the lane and pick cotton. The
black man has been thrust into society. It matters not
whether we like this fact. There is no escape! This problem
must be faced.
As reasonable men accept the challenges before them,
{ 67
980
these problems can be worked out. There are some who
feel guilty, evidently, of their forefathers’ sins. Reasonable
men must forget the past. What my grandfather did, or
what my great-grandfather did, I cannot help. Here | am
today, living in a modern society with many complex prob-
lems. I must try to live in peace with my fellow man,
whoever he may be.
Reasonable white men must also realize the predica-
ment of the blacks. Since the 1954 civil rights decision, the
American Negro has made much progress, and many
white men have changed their attitudes toward the race
issue. However, many thousands of Negroes find them-
selves totally unprepared to assume their places of respon-
sibility in society.
Reasonable white men must realize that the Negro
needs training and education, and that in many cases he
needs to be advanced culturally. Reasonable white men
must patiently go through this period of adjustment. We
must provide opportunities for the Negro to become qua-
lified, and once he is qualified, provide an opportunity for
him to prove himself.
For our country to be the prosperous, progressive nation
we want it to be, every citizen, regardless of color, must be
productive. This is the goal that is before us. Every unpro-
ductive citizen is a burden on those who are productive. To
have every American working must be our goal.
Negroes also must be reasonable. They will have to real-
ize that the events of a hundred years cannot be changed
in the snap of a finger. The militant Negroes want every-
thing now. This is impossible. The businessman starts
small and grows. The farmer plants seed and cultivates
before he gets a harvest. It is my firm conviction that the
shouts and demands of the Negro that the position of the
68
981
Negro race as a whole be changed now, will never get the
job done. If those who shout, “Now!” would spend half
their energy trying to help the Negro advance, they would
accomplish far more.
Every person, regardless of race, must want to advance
himself as an individual. He must have initiative. He must
want to get ahead, financially, educationally and cultur-
ally. I am where I am today because I determined that I
didn’t want to spend my life in a cotton patch. I made up
my mind to do something about it. It has not come easily.
Had I not worked hard, I would still be in the cotton patch.
The reasonable Negro must realize that the members of
his race must work hard and that they must put out a great
deal of effort to be successful in a free enterprise system.
Tt is impossible—absolutely impossible—to get something
for nothing.
During the Poor People’s March on Washington, a man
from Mississippi said to Secretary of Agriculture, Orville
Freeman, “We aren’t begging for nothing that don’t belong
to us. We want it, and we want it now.” This is certainly
not reason. Just because John Doe has plenty, and has
worked hard to get it, is no sign for him to give it to me
when I haven’t done anything to earn it. For me to take
the attitude that a part of his goods is mine, is ridiculous.
For 150 marchers to walk into a cafeteria in the Depart-
ment of Agriculture (which incidentally does not belong to
the government but to private enterprise), and eat $292.00
worth of food, and then say that the Negro is owed this and
refuse to pay the bill, is far from the realm of the reasona-
ble.
For Ralph Abernathy to say on television, “I’ve come to
Washington to raise hell,” 4nd, “We will turn this place
upside down,” is beyond reason. :
69
ST
e
—
—
982
For Miss Miriam Wright, a Negro lawyer representing
the Poor People’s March, to say, “We are asking you to
respond or we will have to lash out. We will have to fight
with guns or fire,” is still further beyond reason.
For a dozen Negroes to walk into a Pensacola, Florida,
shoe store, take shoes from the shelves and walk out with-
out paying, or for Rap Brown or Stokely Carmichael to
say, “If a whitie gets in your way, kill him,” is certainly far
from reasonable.
If the Negro is to advance, he must stop this nonsense.
can deal with a reasonable person, and I will face any
problem that comes up in a sensible way; but I will not
make decisions because of threats, nor will I tolerate in our
city some of the things that are going on in other parts of
our country.
Still, I believe Mobile has a bright future in race rela-
tions. With the programs I have noted, with more empha-
sis on Negro education, with more understanding on the
part of the white community of the problems of our age,
and with the active interest of our city officials, I am cer-
tain that we will continue to forge ahead.
There are a number of things we must do. We must
continue to improve our neighborhoods through code en-
forcement. We must continue the fight to eliminate pov-
erty by giving peoples of all races an opportunity to
advance. We must be concerned about the health and wel-
fare of our neighbors. We must keep on providing play-
grounds and recreational programs for our young people.
We must create such an atmosphere of progressiveness
and togetherness that when the Rap Browns and Stokely
Carmichaels come along, our people will tell them, “Don’t
stop here, for we have a good thing going—a city of all the
70
983
people, where the war on poverty is working because ev-
eryone has an opportunity to work.”
The future of race relations depends on each one of us.
Every citizen, especially the business and the civic leader,
must put his hand to the plow and break new ground in a
way that will make those who follow proud of what we
accomplished.
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