Defendants' Response to Interrogatories

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INTHE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL., 

Plaintiffs, 

CIVIL ACTION NO. 85-T-1332=N VS. 

CRENSHAW COUNTY, ALABAMA, 
ET ali, 

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Defendants. 

RESPONSE TO INTERROGATORIES BY DEFENDANT, ESCAMBIA COUNTY   

Defendant, Escambia County, by and through its Chairman, Devon 

Wiggins, responds to plaintiff's interrogatories as follows: 

1. Escambia County adopts the response submitted by Martha 

Kirkland, Judge of Probate. 

2. Denied. 

3. See attached list of boards in Escambia County. 

4. See attached list of boards in Escambia County. 

A. The procedure utilized by the County Commission: is to 

receive requests and recommendation from the board and from members of 

the County Commission. 

B. We object to this particular question. It would require 

an individual to search the minutes of each County Commission meeting 

since 1965. This is an overly burdensome procedure. All current board 

lists are attached. Alternatively, the County Commission of Escambia 

County offers to prodcue the minutes for inspection or examination 

 



  

pursuant to Rule 33(c) FRCP. 

C.i':The County Commission. 

DPD. (i) Pension “and ‘Security - .The State of Alabama 

establishes the guidelines. 

(ii) Health Care Authority - This is the governing body 

for the three county hospitals, 

in Flomaton and D.W. McMillan in Brewton. 

Title 22, Code of Alabama 1975. 

(iii) Cooperative Libraby 

oversees’ the:county wide library systen, 

Green Lawn in Atmore, Abernathy 

See Article 11, Chapter 21, 

System Board =~: This board 

mobile book distribution and 

coordinates municipal and school libraries. 

(iv) 

are three local water 

governing bodies of the Community 

5. Escambia County adopts 

Kirkland, Judge of Probate. 

6. Negative. 

T. - Affirmative, 

8. See general policy in 

copy of which 1s attached. 

9g. .See general policy. in 

copy of which 1s attached. 

The Water and Fire Protection Authorities - There 

and fire protection authorities that are the 

Water Systems. 

fhe response submitted by Martha 

employee handbook dated June 1979, a 

employee handbook dated June 1979, a 

submitted 

10. Escambia County has no public housing. 

11. Negative. 

12. Escambia County adopts the response by Martha 

 



  

Kirkland, Judge of Probate. 

13. As See records and reports attached to the response by 

Martha Kirkland, Judge of Probate, 

B. Each member of the County Commission sought and received 

the endorsement of the ADC with exception of Commissioner Vickery. 

However, none have received any contribution. 

C. See record of contributions attached to response by the 

Probate Judge. 

D. See record of contributions atfached to response by the 

Probate Judge. 

E. Note campaign literature attached. 

F. Attended the Atmore ADC at the Sportsman Club. 

(1) Campaigned at the ADC meeting. 

(2) Not known. 

G. Attended Indian Porch Community gathering but no white 

church, clubior facility. 

H. General issues in favor of good government. 

I. General issues in favor of good government. 

J. "No... Appealed for ‘the votes of all citizens of Escambia 

County. Promised to be falr and trusted the record would warrant their 

continued support. 

K. None. 

L. ‘None, 

Met To. the best of my sinformation and belief all County 

Commissioners running had the support of the black community with the 

 



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possible exception of Commissioner Vickery who apparently did carry 

the black vote but did not receive the endorsement of the ADC. 

N.. To. ‘'the” best "of my. Sinformation ‘and belief all County 

Commissioners running had the support of the black community with the 

possible exception of Commissioner Vickery who apparently did carry 

the black vote but did not receive the endorsement of the ADC. 

O. Not available. 

P. See reports of campaign expenditures attached to response 

by Judge Kirkland. 

14. All Commissioners, Kenneth Taylor, Administrator and records 

of the Probate Judge. 

15. A referendum was held in 1982. 

A, No requesi was made for any action by ‘the County 

Commission. 

B. Not applicable. 

No request had been made of the County Commission, however, in 

response to some requests the Commission Chairman met with various 

black leaders and white leaders in 1983 or 1984 to urge the Escambia 

County School Board to redistrict. 

16. No mention has been made of race that any of us is aware of 

and we do not. therefore ‘classify i any of the ‘elections’ as being 

racially polarized. In the only election for County Commission for 

which a black ran, to the best of our recollection and belief, the 

white Commissioner won the endorsement of the A.D.C. and carried the 

black vote. 

 



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17. Not applicable. 

18. The County School Board is a state agency although the county 

does make some appropriations to the School Board. Depending on your 

definition of "recent past" the school system in the recent past has 

been racially integrated. 

19. We do not maintain documents or have personal knowledge of 

the operation of the County School System. This is a state agency. 

20. We do not maintain documents or have personal knowledge of 

the operation of the County School System. This is a state agency. 

21. See attached EEO-4 Annual Reports. 

22. The Chairman is a member of the Lions Club, First Methodist 

Church, American Legion, Chamber of Commerce, Downtown Merchants 

Association. 

23. The County School System is an agency of the state and we do 

not maintain this information or records. 

24. The County School System is an agency of the state and we do 

not maintain this information or records. 

2b. See EEO-4 reports attached. 

26. See map attached. We do not have a copy of the census maps, 

however, it is our understanding that plaintiff's counsel does have 

such maps. Basically the districts are based upon road mileage 

(historically the County Commissioners were road commissioners) and 

not upon population. 

NE None. 

28. We adopt the response of the Judge of Probate, Martha 

 



  

Kirkland. 

29, We adopt "the i response of the Judge ‘of Probate, Martha 

Kirkland. 

30. Not known at: this time, 

Lon loner 
DEVON WIGGINS, (J 
Chairman County Commission 

  

  SWORN to and SUBSCRIBED before me this the _-” day of __77\ lei, 
1986. £ 

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NOTARY PUBLIC 

  

"James W. Webb 

Attorney for Escambia County 

OF COUNSEL: 

WEBB, CRUMPTON, McGREGOR, SCHMAELING & WILSON 

166 Commerce Street 
P.O. Box 238 

Montgomery, Alabama 36101 
(205) 834-3176 

OTTS & MOORE 
P.O.*Box 467 
Brewton, Alabama 36427 
(205) 867-7724 

CERTIFICATE OF SERVICE 

I hereby certify that copies of the foregoing response 
to interrogatories by defendant, Escambia County, have been mailed to 
L.arry I. Menefee, Esquire, James U. Blacksher, Esquire and Wanda J. 

Cochran, Esquire, Blacksher, Menefee & Stein, 405 Van Antwerp 
Building,” P.O. Box 105%, "Mobile, Alabama 36633, Terry G. Davis, 

Esquire, Seay" & Davis, 732 “Carter Hill Road, P.0. Box 6125, 

Montgomery, Alabama 36106, Deborah Fins, Esquire and Julius L. 

 



[2] 

  

Chambers, Esquire, NAACP Legal Defense Fund, 99 Hudson Street, 16th 
Floor, New York, New York, 10013, Jack Floyd, Esquire, Floyd, Kenner & 
Cusimano, 816 Chestnut Street, Gadsden, Alabama 35999, Alton Turner, 
Esquire, Turner & Jones, P.O. Box 207, Luverne, Alabama 36049, D.L. 
Martin, Esquire, 215 S. Main Street, Moulton, Alabama 35650, David “R. 
Boyd, Esquire, Balch. & Bingham, P.O. Box 78, Montgomery, Alabama 
36101,  W.0u8 Kirk, .Jr.,  EBsguire,. Curry. % Kirk, Phoenix Avenue 
Carrollton, Alabama 35447, Barry D. Vaughn, Esquire, Proctor & Vaughn, 
121 N. Norton Avenue, Sylacauga, Alabama 35150, H.R. Burnham, Esquire, 
Burnham, Klinefelter, Halsey, Jones & Cater, 401 SouthTrust Bank 
Building, P.O. Box 1618, Anniston, Alabama 36202, Warren Rowe, 
Esquire, Rowe, Rowe & Sawyer, P.O. Box 150, Enterprise, Alabama 36331, 
Edward Still, Esquire, 714 South 29th Street, Birmingham, Alabama 
35233-2810, Reo Kirkland, Jr., Esquire, P.O. Box 646, Brewton, Alabama 
36427, and all defendants not represented by counsel by placing copies 
of the same in the United States Mail, postage prepaid this the XC 
day of February, 1986. 

  

fomes W. Webb