Defendants' Response to Interrogatories

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BURNHAM, KLINEFELTER, HALSEY, JONES & CATER, P. C. x 

  

ATTORNEYS AT LAW 

401 SOUTHTRUST BANK BLDG. 

P. O. BOX 1618 

ANNISTON. ALABAMA 36202 

H. R. BURNHAM 5 TELEPHONE 

J... KLINEFELTER 
AREA CODE 205 

WM. S. HALSEY June 11 ’ 1986 237-8515 

HERBERT D. JONES. JR. 

RICHARD H. CATER 

PATRICK S. BURNHAM 

THOMAS M. SOWA 

Honorable Myron H. Thompson 
United States District Judge 
Post Office Box 235 
Montgomery, AL 36103 

Re: Dillard v. Crenshaw Co., et.al. 
Civil Action No. 85-T-1132-N 
  

Dear Judge Thompson: 

This is in response to Your Honor's request for a status report on 

settlement negotiations. While defense counsel have conferred, 

because of conty-by-county differences there has been no effort to 

settle the entire case as a package. Therefore, we can only report 

on the negotiations as they relate to the Calhoun County defen- 

dants. 

Calhoun County is, and has been, willing to convert to single 

member districts for its Associate Commissioners while retaining 

the county-wide Chairman. The plaintiffs are very firm in their 

position, however, that the chairmanship, as it now exists, should 

be abolished. Under the plaintiffs' plan, the Associate 

Commissioners would elect one of their members to preside at 

meetings. Under this plan, the executive functions of the chairman 

and the day-to-day running of the county government would be 

assigned to a "county manager." 

Calhoun County is equally firm in its convictions that the chair- 

manship is different in kind from the position of associate com- 

missioner. The County takes the position that as the chief 

executive of the County, the Chairman should be elected by all the 

voters of the County. The County does not need full time Associate 

Commissioners. However, with a population of nearly 120,000 

people, it does require a full time executive; and, that executive 

should be elected. 

In so far as we can see, this is the only issue which separates the 

parties. All other issues can be quickly resolved by agreement. 

 



  

Judge Thompson 
June 11, 1986 
Page 2 

With regard to the time necessity for the trial, we do not insist 

on further evidence to demonstrate that the county-wide election of 

Associate Commissioners has an adverse effect on black persons. We 

do not concede, however, that the intent of the 1939 Act dealing 

with Calhoun County was discriminatory. Nor do we concede that the 

county-wide election of a Chairman has discriminatory results. 

With the issue thus narrowed, I would estimate that our evidence on 

intent and the effect of the county-wide election of the Chairman 

would take one half to three quarters of a day. 

Very truly yours, 

BURNHAM, KLINEFELTER, HALSEY, 
JONES & CATER, P. C. 

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BY . Fm mE ll a rr i 

Herbert DP. Jones, Jr. 
  

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cc: All Counsel 

 



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BALCH & BINGHAM 

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R MBEALE, JR. RENE BIRMINGHAM, ALABAMA 3520! RODNEY O. MUNDY JAMES M. PROCTOR, II June 11 ’ 1986 (205) 251-8100 JAMES F. HUGHEY, JR. T. KURT MILLER 
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RANDOLPH H. LANIER JONATHAN S. HARBUCK D. PAUL JONES, JR. 
DAVID R. BOYD DAVIS G. REESE EDWIN W. FINCH, Ii 

The Honorable Myron H. Thompson 
United States District Judge 
Federal Courthouse 
Montgomery, Alabama 36104 

Re: Dillard, et al. v. Crenshaw County, et al. 
Civil Action No. 85-T-1332-N 
  

Dear Judge Thompson: 

Your Honor has instructed the parties to advise the Court 
regarding settlement possibilities in this action. This letter 
is in response to that instruction. 

Lawrence County has advised the Plaintiffs that it is 
willing to adopt a single-member district plan for the election 
of the County Commission. The County's willingness to adopt such 
a plan is conditioned upon the Plaintiffs' agreement that the 
Commission Chairman continue to be elected at-large. The 
Plaintiffs have rejected outright the concept of a Chairman 
elected at-large. There appears to be no chance of a final 
settlement if the Plaintiffs adhere to their position. 

We will be filing a proposed schedule for compliance with 
the Court's preliminary injunction dated May 28, 1986. 

Respectfully yours, 

Amin R Bur — 
David R. Boyd 

DRB/ jam 

cc: All Counsel of Record 

 



BALCH & BINGHAM 

ATTORNEYS AND COUNSELORS 

P. O. BOX 78 

MONTGOMERY, ALABAMA 36101 

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Julius L. Chaise 
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