United States v. Dallas County Commission Proposed Findings of Fact and Conclusions of Law for the United States of America

    ,'rar

DALLAS
et 31. ,

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I,il

IN THE U}IITED

SOUTH

UNITED STATES OF RICA,

P 1a int if

V.

COUNTY COI SSIO}I,

S.Defendan

Pursuant t
the United States

Proposed Findings

above -re ference d

STATES DISTRICT COURT FOP.

RN DISTRICT OF ALABAYA

ORTHEzuI DIVISIOTI

THE

CIVIL ACTIOII NO.78-578-H

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PRO ED FII.IDINGS OF FACT A:]D

the Court's order of June 22, 1982,

f Amerlca resPect,fully subriits its
f Facts and Conclusions of Law in the

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I rnst-e or coNTENTS

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FINDINGS OF FACT' I

I. Procedurar. rltstory........................"'
I

11. Statistical lBackground And Ihe Present
Electoral Sylscem For Dallas County... " " ' t "

IIII. DaIIas Councly's Government From
1865 tO 187q. ... . . . ... ..... . ... .. .. ... .......

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IV. The Alabama lPoliti caLlRacial Climate
During The !8aots And 1890's.................

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V. Alabama At trhe Turn Of The Century..... " " "
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vI. 190I Enactm{nt Of AE-Large Elections
For Dallas dounty.............." " " """..

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A. The Racilal EffgcE."..""""""".."'
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B. Thg Pre(eding Events..............."..'e
IC. The HisJorical ConEexE.............. " " '

D. The RacJaI Views Of The Decisionmakers " '

VlI. Voting Disc{imination In Alabama:
1940 TO 1961. .. .. .. . .... . ... .. . . o .. . ... .. . .. .

VIII. The Unrespo+slveness And InsensiEivicy
0f The Dail{s County ConmissioD......... " " '

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A. ROad }tla|ntenange......................o..
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B. APPoinEftents By The Dallas County
Commlssfono . . . . . . . o'''' o'''''''''''''''''

C . Unrespotrs lveness And Insens itivi cy In
Recori k""ptng: The "Colored Records" " '

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IX. Voter Regisfration Problems............. o. '. '
X. The Existenbe Of Racially Polarized Voting

And The efficE of Past Discrimination"'"'"

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CoNCLUSIONS oF LAw.|........ o..... o......... o.... o...
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PAGE

L-2

3-4

4-24

25-28

28-29

30- 39

30-32

32- 34

34-37

38- 39

40- 46

47 -56

47 -52

53-54

55-56

57-51

62-45

66-7 6



I. PROCEDURAL HISTO

'l . The Unite

case on OcEober 19,

Righcs Act of 1965,

Amendnents co the Un

aIleged, inter a1ia,

to elect oembers of

Dallas County SchooI

both fuIl partlcipat

right Eo elect candi

bodies. Boch defend

cotrpIainE, concendin

failed to join an ln

and that Ehe Uniced

Section 2 of the Vot

this CourE denied wi

to dismlss.

2, FoIlowing

commenced in Novembe

basis unEiI its comp

defendants renewed t

the EovernnenErB cas

contended that, beca

ie elected at-1arge

to approxlmately 35

the governnent Dust

6tatuEe governlnB us

Scaces commenced this racial voEe dilucion

978, pursuant to Section 2 of Ehe Voting

s anended, and Ehe FourEeenEh and Fifceenrh

ted States ConstiEution. Ihe complaint

thac t,he aE-large electoral sysEeo used

e Dallas CounEy Commission and the

Board denies black citizens of Ehe counEy

n ln the political process and the

tes of their choice to Ehose governing

ts moved to dismiss the governmen!'s

, in part, that the United States had

ispensable party (the State of Alabama)

Eates lacked standing to sue under

g Rights Acc of 1965. 0n l.larch 9 , 1979

out opinion the defendants' Dotions

several monE,hs of discovery, ErlaI

L979 and was held on an internittenc
etion in October 1981. In Ehe inEerim, the

eir previously denled notions to dlsmiss

. The school board defendants again

se the Dallas County Board of Education

ursuant to e Btatute thaE also applies

ther county school boards in Alabama,

aEcack the consEicutlonality of the

" (Tr. 2787). On JuIy 24, 198I, followlng

l-



oral argumenr-, t'his

defendant Dallas C

this case against

Court denied the C

3. Trial a

several weeks and

Courc ind icat-ed thar it- would granl' t-he

nty School Board' s mor- ion t'o disrris s

e school board defendanr-s, 1/ but the

unty Comrnission's mot-ion to dismiss '

inst- the Dallas County Cornnission resuned for

oncluded in October 198I ' ** I

*l The court instr
6oard to submit a
law disrnissing the
but school board's
When trial against
in the fall of I98
out I the school bo
i"t t'tt. Pilcher Ic
[fre f indings of fa
This Court also no

cted counsel for the defendant school
;;;;""a-ii"aing of .f".!."t'd conclusion of

"rl" aeainst tf;e school board (Tr'-2837>'
;;;;""i-to this day has failed to do so '
if,u DaIlas County tonrrission resune6 t-he

.--if," Court inditateC it was "going to
iat back in lthe case] because I.can'c

""i"f for th; school boardl t9 Blve I:.,
t he was .lrppoiua to give me.'' (Tt' 2846)'

"a-'af,"[- "f 
i't!r" .,ot entered the f inal

.-.oi given me what- he is supposeC to
not hlrry up, I will-reverse it and. put

."io""inlioailc" !ha! [testimolv.ot,:l: i::::i
order because he
give me. If he do
f,im back in, and
behind the school
board's counsel h
to the Court, and
the Court on the
itates is PrePare
( ase against the

*') I At the resu
il'uld nor- permit
t'. ; issue of whet
in Dallas CountY

.ii*r;;;;;;i:; io-a"i", the dLfendant school
f"if"a-to s.rb*it any proposed findings.

no-oiauts or findings- hiye- been entered by 
-

;;";i-;;ItJ;t-.oai;; to dismiss ' rhe united-io qo forward with the prosecution of ics
chooi board defendants '

tion of trial in October 198I, thq Court
he-United St'ates to offer ?ny evidence on

"t 
the law governing school board e)gcct:1t:

as enacted wiii-;-;;"i;1 PurPose' (Tr' 2846-48)

-2



1r. STATISTICAL BA KGROUIID A}ID THE PRESEIIT ELECTOML SYSTE:I

4. Dallas C

Alabama and is one

According to t.he 19

53,981 persons, of

A-99). **l Dallas

whorn 28 ,880 (or 52i',

5. Although

county's populatio

total voting age p

l'loreover , the mos t

the county show th

Dallas County, of

(or 55.27.) are whi

of the eli-gible wh

voters, while only

registered to vote

Lt "[T]he t.err,r Bl
L2 county sector o
half of Alabama in
male age populatio
** I Ar trial, rhe
il6re divided into
lrere those exhibtt
trial proceedings
set of exhibits c
United States at t
Those exhibits fr
and referred to in
that numbering sys
we cite to t.he fir
PL. EX. 3 , etc. rl

"PL. EX. A-1, PL.
exhibits are cited
trial transcript a

nt), Alabama is Iocated in sout-h-central

t LZ counties in the State's Black Belt. */

0 census, the county's populat-ion is

hom 29.488 (or 54.6",'") are black. (PL. Ey..

nty's popular-ion in 1970 was 55,296, of

I,rere black. (PL EX. 3).

lacks comprised approximat-eIY 54,6"1" of the

in 1980, they cor,rprised only 49.8 % of. the

ulation (18 years of age and older) in 1980

ecent voter registration statistics for

32,987 persons are registered to vote in

om L4 ,797 (or 44.8'/,) are black and 18, I90

. (PL. EX. A-10I). Thus, as of 1980, 103.2'1.

te persons in DaIlas County were registered

3.6"1, of the eligible black Persons were

ck Belt refers to [a] crescent, shape,
rich farmland stretching across the southern
hich the l{egro percentage of the .voting_
in I9O0 was-grelter than 60"/o." (Tr. 3473).

exhibits of plaintiff United States of Ar,rerica
wo separate sets. The first set of exhibics

introduced by the United States at the
eld ln late L979 and early 1980. The second
sisted of those exhibit.s of fered by the
e trlal proceedings held in late 1981.
the latter category were marked, nunbered

this record with-the pref ix "A." We ernploy
em in t-hese proposed f indings. Accor9itgly 't set of exhibits as "PL. Ex. I, PL. Ex. 2,
e cite to the second set of exhibits as
X. A-2, PL, EX. A-3, etc." Defendant's
as .'DEF, EX. .r' Cit.ations to the
pear as "Tt.l"

-3



6. Since 19

comrrlission governtr

probace judge. AI

but each of Ehe fo

from, one of four

the DaIlas County

the county's roads

7. From 187

appointed countY 8,

has served on Dall

III. DALISS COUN

8. At the c

Andrew Johnson org

Lewls E. Parsons o

"Under instrucEion

laws of Alabarna en

those concerning s

new civil governtre

and sEaEb governme

L798-190I: A Stud

l'lalco Im C . l'lcMi 11

P. _."). :l
9. "On JuIY

elecElon on August

to take sEePs to r
Since anEebellum I
rime of rhe 1865 c

1, Dallas County has operated under a county

t, cooposed of four commissioners and one

five county officials are elected at large,

r cotrIDissioners Dust reslde in, and run

sidency districEs. Anong other Ehings,

ission has responsibillcy for naintaining

nd expending the counEy's revenues.

, wit,h the adoption of a gubernatorially

vernrDent , unE 11 the Pre senE , Do black Person

s Councy's E,overning body.

,S GOVERN},IENT FROM 1865 TO 1876.

ose of the ClviI War in 1865, Presidenc

nized a provisional governnenE in Alabala.

Talladega was aPPointed provistonal governor.

from Washlngton, Parsons declared aII the

cEed before January 1I, 186l in effect, excePE

avery, and tried unsuccessfully to build a

t on the remains of the Pre-Civil War local

t." Conscitutional DeveloPment in AIabama,

in PoIitics, the Negro, and Sectionalism,

, p. 90 (hereaf ter referred Eo as "ltc}liIIan,

20, 1865, Governor Parsons called for an

3I of delegates to a consEiEutional convention

store Alabana to the union." (Flcl'li11an, p. 90).

ffrage resErictton laws lrere ln effecE at Ehe

stltutional. convention referendum election,

* I Pursuant to Ru
Dr. Ilcl'tlIlan's Con
escabllshed as a r able auEhoricy by

e 803 (I8), Federal Rules of Evldence,
tttutlonal DevelopnenE ln Alabana was

e-E eEETmorff o f exPer E

t,haEwitness Kousser ( . 3441). StateDenEs concained wtEhin
e not excluded by the hearsaY ruIe.Iearned treatlee a

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1 1. The AIa Constitution of 1865 provided, inter

alia, for congressi aI and staEe office elections ln the

ge restrlctions cont,inued to excludefall of 1865. Suff

only whice nales hler

to che 1865 Constitu

Conservative pro-Con

10. Also in J

persons Eo fiII the

Sheriff, and Clerk

Dallas County resid

second Judicial Cir

July 30, 1865) .

Negroes. (McMi1Ian,

elected in the fall

and Democratic. (

12. In 1867,

gan in Alabama.

AcE, whlch returned

iliuary commanders

trict, conposed of

Fourteenth Amendrnen

a provision that "t

't< I Throughout thes
-ConservaEive and D

"conservatlve Denoc
are used interchang
offlcial Conservati
in Alabaoa in 1866.

The Democrati
for blacks, and lnv
(Tr. 3286). During
Democratic party d
Durtng Redeoptlon,
controlled nearly a
used " [b ]aIIot, box
( Id. , et 218). Con
p6ceedlngs at t,he
lnf ra. ) .

allowed to vote. Consequently, Ehe delegarion

ional Convencion was comPrised DosEly of

ederate Democrats. :l
Iy 1865, Governor Parsons aPPointed

llas County offices of Probate Judge,

Ehe Circuic Court, and also aPPointed

E, Col. B. F. Saffold as Judge of the

i!. (PL. EX. A-I, SeIma Daily l'lessenger,

supra, Bt 90-91). The Alabama Legislature,

f 1865, was overwhelmingly Conservative

. 3284),

the historical period known as "ReconscrucEion"

n Llarch 1867, Congress passed a Reconstruction

the South Eo military rule and required

to Becure a new electorate in each dis-

Iacks and all persons qualif ied under t,he

. The Reconstruction Act also concained

e civil government organized under the

findinge there are references Eo the
mocratia Party," "Conservative Democrats,"
aEs, " or "Conservatives, " These terms
bly, and, as used herein, refer to the
e and DemocraEic party that Lras reorganized

(McMiIlan, Bupra, pp. L52-53).

Party opposed civil and poIlElcal equality
rlably took a whtte Buprelnacy Pos ltion.
ReconstrucElon, Ehe ConservaElve and
ounced Ehe enfranchisemenE of the Negro.
fflctals of this Democratic parEy-who
I locaI governnents lncluding t'tobi 1e ' s --
tuffing...tn order Eo sssure 'whice supremacy'
ervattve Democrats also controlled the
901 dlefranchlslng conventlon (see pp. 28-39,

be

Ac

mi

-5



Constitution of 186

unless alcered or a

"The nilitary coIDIDa

rhose eligible in e

of a consticutlonal
(Id., aE 1I0). The

new consEiEution gr

persons disfranchis

PresenEation of an

raEificaEion of the

Alabama's admittanc

under Ehe L867 Reco

of holding a consti

delegates was held

omitted) . Blacks,

ln large numbers in

1r3).

13. The SeI

newspaper" (Mclai l1

convention Eo repl

publlshed in Dalla

lllt wiII
of Alabana .
under which
under whlch
clothe every
of age wlth
and when tha
che comnunit

(ttcllil1an, 8t 112)

might remain as a Provisional government

lished by the military." (Mcl'li11an, p. 110) '

der IGeneral John Pope] was to regisEer

ch state and call for a vote on the quesEion

conventlon and the election of delegates."

purpose of Ehe convention was Eo drafc a

nEing universal manhood suffrage and excluding

d for their ParEicipaEion in the "rebelIion."

cceptable consticution to Congress and

FourEeench funendment hrere Prerequis ices co

back into Ehe Uniced Suaces Congress,

struction Act. "The election on the quesEion

utional convention and the selecEion of

Eober I-5 1867." (Id., at 113) (fooEnote

or the firsE time in Alabanars history, voEed

favor of the 1867 convention. (Id., at.

Weekly Messenger, BD

, 8t 1 1 4) , opposed Ehe

e the Constitution of

CounEy, proEesEed that,

ot be a convention of the PeoPIe
. It can make no consEitutlon
y whiEe man can live. The acEs

t ls to convene require iE to

"ardenE anti-RadicaI

caII for a consEiEutional

I865. The Week1Y l"lessenger,

ale Negro over twenEy-o-ne years
e prlvllege of the suffrage
ls done the sutr of all evils t.o
ls enbodied ln tts works.

-6



14. The 1867 Con

on Noveober 5, 1857. (

who were overwhelmingly

which, among oEher thin
to blacks. (l"lcl'1i1lan,

publican party included

was sEiII cheir hero, a

(Tr. 3844); (see also p

I5. The ratifica

1867 was held "on Febr

sEaEe and federal offic
(Mci'ti11an, BE I5f (fooE

of L867 was raEified by

the February 1868 elect

tituEional Convention meE in ltoncgomery

l"li llan, at 114) . Thre Convention delegates ,

Republlcan, */ adopced a Consricution

s, extended suffrage and citizenship rights

E 134-50) . During ReconstrucEion, the Re-

nearly alI of the black cicizenry: "LincoIn

d the Republican Parcy was sEilI their parEy."

8, note */, lnfra).
ion elecclon on the Constitution of

ry 4, 1868; the election of all county,

als was Eo Eake place aE the same time."

ote omiEted)). The Alabama Constitution

a majorlEy of those persons votlng **/ in

on.

r. I ,'[A] study of the I
Ehows eighteen Negroes,
the Tennessee Valley, a
" [ 0] f Ewenty-five deleg
... sevenEeen $rere from
counties, ELro from }lobi
few excepEions, they ca
and t ere sent to t'lontgo
consEiEuencies. " Prom
lncluded Datus E. Coon
froo DaIlas County duri
Prominent Scalawags ln
Dallas County, who was
War ln his B1ack BeIt c
supporE the Republican
ISaffo1d] becane Judge
Eoayor of Selna. " ( Id. ,- rrCarpetbaggers-wa
to refer Eo Northern wh
was the term used to re
Party.

ividual members [ln the L867 Conventlon]
thirteen from the Black BeIt, three from
d two from LlobiIe." (l'{cMi1lan, Bt 117).
Ees, who were wichout doubE CarpeEbaggers,
Ehe Black Belt, three from adjoining
e, and three from North Alabaua. wich
e from areas with a heavy Negro population
ery as were the Negro delegaEes by Negro
nent Carpetbaggers in the Convention
rotr Iowa, who served as BtaEe senator
g ReconstrucEion (Id., at 118-1?) t
Ee convention incluTed B.F. Saffold of
e of Ehe few opponents of the Clvil
ty and "one of the flrsE Eo oPenlY
ty ln the 8EaEe. After the war,arty ln Ene 8EaEe. ArEer Ene war,

f the second Judiclal district and
at LzL, D. 58).
the term cotrIDonly used tn the Alabana Press

Ees ln che Republican Party. "Scalawags"
er to SouEhern whites ln the Republican

*t I Wtrite Conservatlve
?trtlflcation referend
of t,he registered vote
ConstitutIon." In re8
vention, having falled
tut,ion disfranchlstng
tuElon, peEltloned Con
chat the conBtltutlon

erDocraEs ortanized a boycotE of the
in an attempc to Prevent a naJorltY
from approving the "ReconstrucEion
8€, the Radicals in the Alabama con-

o Becure e clause ln Ehe State consEi-
e who refused co vote on the constl-

ess Eo 80 amend the ReconsEruction acEs
ght be adopted by a oajorlty of those
rlty of Ehe regtstered voEers."voEing, lnstead of a naJ

(l'tcMi Ilan, p. I 54) .

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16. The AIab

held throughout the

cooplete control of

175) Republicans

trent and its legisI

1868 went lnco effe

I7. During

dominaEed Dallas C

Blacks held key Po

county's election

the counEY's conse

office, while "not

excluded fron offi

ArBus. ** I The Ar us lamented that under radical Party rule 
'

trany good men, "aI of whom are white," are excluded from

ma Consticution of 1868 and the elect'ions

sEate tn February 1868 "gave the Radicals */

Ehe Bovernnent of Alaballl3....'' (lilc}{iIlan' aE

lso controlled DaIlas County's local tovern-

rive delegaEion, after the ConsEitution of

E. (Tr. 3285, 3288).

construcEion black and white Republicans

nEy's governroent and judictal system '

iEions ln local government and in Ehe

d judicial systems, a fact not trissed by

aEive Democracic newsPaPer, the Southern

a negro tran in Selma...is bY law

€. " The Argus also complained Ehat black

;;;;ltt--ot--ui;"k; as well- as whites on a bas is

als" ls synonomous with "Radi"?l Republicans'"

"-n"p"Ufitan Party:- The Republican ParEy-in
ed in 1866. iM;Iliil"t , 6t i62 , l: 6r ) ' rn
servaLive,DenocraticParEy,.s''whit,esuPrelDacy
r""., -the'Republlcan Party "saw.its goalt, ":,-

* I The term "Radi
-RepubIicans" or t
Alabama was organi tt

contrasE to the C

equality before th
simply, "the democ

i;;'iot'biacls." (Tr. l2as-86)' stated

whlte partY as o
July 2L, 1876).

"ii. prity I in Alabama ].. is nglhils but- the
;;e-c6-it'" 6lact parEy:" (DEF. D(' D-r,

posiEion on race 1

iepresenting the lrePresencInE, E,ne r
of- policical. equal ty.... [T]heY t

I aw for blacks.

t'The Republ
and the Tennessee
there was a large
HisEorians ag,ree
approxirnatelY nin
l'loreover, 8D over
ldentlfied with t
** I Robert l'lcKee
Egus, 8 weekly n

Dallas CountY for
as well aB t'he Se

favored Negro suffrage. . . Iand ]

t616i"g majority of black officeholders were

"-n-p"Ef 
icin pa-rty. (Tr. 3286-87)'

established and becane editor of the Southern
spaper, tD .lunI 186t;-after-gqltlng :8" @

can party was Yery etron8.ln the Black Belc
Tomtis,ble, and Aiabana Flver valleys. where

N;;;;-Eop"i"tion. " (!lc!lilIan, at- 193)-
ir;E-it'oi"tthelming ProPortion of blacks--
ti-p"i""ni (eozl --Ioi:d' :h".1:!:P1i:::^t.i.:!:t'

ATEUS, a weeKry
TTil-66 and !'lessen ;.' ( DEi. D(. D-l , -JulI ! , 1869) . llcKe9
rras a Powerlu ;;;;ii'silE"ii"i coumlccee Ehroughout- the"r"ii;-;.t;; Lier 

'for 
--Serma end nemb:t-9f che

Dallas CountY Dem
1850'e and 1870's ili;-p;iiii".r-go.1 .r"" to .redeET s:lli-"I9

n"f"uric.n t"!g,""t9,!9 ":"9 :l: soucEern Arsus'
.'-tir"", as hls Polttic-al volce.

ers. (Tr. 3957) .
ffiiri."i"t"b and frequently quoced ln

e

Southern Argus wa
other Souchern Pa

I



men such as R. B.

Spencer Weaver, St

held office from

(DEF. EX. D-I, Oct

opposed the compos

which in 1869 had

"[w]e believe gra

whites." (DEF. EX

ttnegroes 
, 
tt accordi

their duties with

are not t'esteemed

character and sou

18. Republi

in llovernber 1870 w

Republican incumbe

anC Democrats sec

majority in the A

November 13, 1870)

counties , however,

state and local e

Dallas County, Go

votes more than L

election for the

Ben S. Turner, a

llovernber 13, 1870

19. Republ

ln DalIas County,

delegat ion , af t-er

DaIIas County off

homas, Clerk of the Criminal Courr-, and

t-e House representative fron Dallas Count-J',

ich the "best men" r$rere excluded.

ber 28, 1870). The Arp,us , similarly,
tion of the Dallas Circuit Court Grand Jury,

nine Negroes and seven whites, because

juries should be composed exclusively of

D-I, September 22, f 869). Alr,rosc all

g to the Argus, are not "cornpetent to perforn

onesty, impartiality, and int-elligence" anC

n t.he communil'-y for their inl--egrity, f air
judgnent." (1d.. ).

an control of state governrnent- was interrupr-ed

en Democral'-ic candidate R. B. Lindsay defeated

t Governor 1'I. H. Smith for the governorship

ed a sixty five to thirty-five member

bama House of Representatives. (DEF. EX. D-l,

In Dallas County and other Black BeIt

Republicans maintained control in federal,

ctions. In the 1870 gubernatorial race in

rnor Smith received approximately 5000

dsay. That same year, in the Congressional

rst District, which included Dallas County, */

ack Republican, vras elected. (DEF. EX. D-l,

ans continued to control locaI Sovernrnent

s well as the County's state legislative

1870. In the November 1871 electlon for

laIs, Radicals defeated Democrats for aIl

Washington counti
Dallas, end Conec

es s tonal
ington,

*l The f irst Co
Ealdwin, Clarke,

District in the 1870's included
Escambia, LlobiIe, !{onroe, and
Black Belt counties of Wilcox,

9

s, and the



IocaI of f ices. T\,ro

were elecEed counEY

and R. C. Goodrich.

elecEed t.ax assess

slate a regular ti

(PL. EX. A-2, Nove

election machinery,

Dallas CountY. In

tranager and electi
Republicans, and,

one-third of the P

A-2, October 13, I

20, BY che

that "in Da1las Co

neBroes largely ou

the election of 1o

L87 4). Democrats

looked to Ehe elec

that "shall be hon

. . . to Prevent coun

ion of a state governnent in L874

st in all lts branches" y/ for

y officials from stealing. " ( Id . ) .

blacks, Spencer Weavet */ and Perry Underwood,

coomissioners along wich Radicals J. H. Henry

A rhird black Repirbl ican , A1f red Boyd ' was

in a councy wide race. DemocraEs did noE

et in the l87f elecEion for counEy officials.

r I7, 1871). Republicans controlled the

as weII as winning local elections in

he I87t county elecEions, the PrecincE

officers throughout DaIIas County were

cording to the Southern Argus, "Inore Ehan

cincc officials are negroes...." (PL. EX.

71) .

arly I870's t,he Democratic Party realized

ty, and ocher counties in which the

number, t.he whiCes cannoE exPect to conErol

al officers...." (PL. EX. A-2,I4arch 20,

f the Black BeIt counEies, therefore,

one

tta way

The

r< I Spencer Weaver
died ln 1873 while
a black Republican
Republican Governo
EX. A-2, October 2
remalning terlD, bu
on Ehe county coDm
Occober 1, 1874 an

*t l The terDs "ho
@vernment reform,
Ehese findings.
orlginaced ln Alab
and were used conE
the early twentlet
eearch for pollctc
of a reform tnoveoe
of good governtrent
corruption and ex
the raecals out...

former sEaEe legislator from DaIlas County,
serving as countt commissioner. Oscar Hunt,er,
rras appolnted to fiII the vacancy by
Lewls,'who had been elected in L872. (PL.

, 1874) . Hunter served out Weaver's-dtd not eucceed to a full four-year tertr
sston. (DEF. EX. D-5, cotrPare llinutes of
February 9, 1875).

esE governmenEr" "good governtrent!" "Bood
and-"reform" are [sed synonomously throughouc

ese terlDs and the generai rhetorlc of reform
oa polittcs durlng-the Reconstructlo! period
nuaily through che Progressive perlod. inco
century. DEmocrats "characterlzed Eheir

I concr6l Idurtng ReconsErucElon] in terms
c, a return of Alabama to the principles
oi honesc governoenE, the elimlnacion of
aveg,ant taies. They talked abouc throwing

thac there lJ8s.. .8 close correlaEion,
whtce eupretrac!. . .." (Tr. 3295'96).Ibetween] reforn

- l0



Alabama Denocratic

1870 t.o ac least th

oanipulate black vo

altogecher, if poss

excerPE from an edi

the use of good tov

eliminaEion of blac

We do no
Ic is trore
of the whit
organLzed i
control of
South Carol
means. IE
opposition
the sEaEe tr
honesE and
the lntelli
and incapab
party now i
is composed
it is incom

(DEF. EX. 1, June 2

21, In the s

organ Lzed Ehe DalIa

was "che proEection

ApriI 17, 1874) .

efficiency and fide

economy in the admi

proper Legal punis

misdeneanors. " (D

organizers rrere Pro

N. H. R. Dawson, PI

point, the ltay of 6

oEher neg,ro-contro

:l The teru "the
newspapers and cor
as ueed by Democra
meant white people
forolng an lntell1

undervalue the race question.
han an appeal to Ehe Prejudices
s. The negroes of Alabama are
Eo a compa-E Part,Y for the
he administraEion. We saw in
na and Louisiana what neBro rule
s only lefr to us Eo unice in
o ic,-whereby the governtrenE of
y be resEored to the hands of
otrpetent tren. We trust combine
ent trasses against the ignorant
e rDasses. We must exPel the
power, Dot simplY because it

of negroes trainly, but because
etent and corruPt. . . .

rt,y's bas ic electoral straEegy, from

turn of the cenEury, hras eicher co

rs or eliminace them from Policics
1e. (Tr. 396I, 3964-7I). The follow!ng

rial ln Ehe Southern Argus demonstrates

nmenc rhetoric as a code for the

officeholding:

, 1874).(See also PL. EX. A-2, February 19, I875).

ring of L874, the "people of DaIIas" */

County Taxpayers' League, whose PurPose

of the Black counties." (PL. EX. A-2,

e League's objecEives hrere to "promoEe

ity ln the offices of Ehe county, to secure

lstraElon of its finances, and to bring to

ent officials gutlty of high crimes or

. EX. D-l, June 5, 1874). The grouP's

lnent white Dallas County Democrats, lncluding

asant G. Wood, F. H. Smich, and S. W. John (Id.

eEy to Lowndes, llontgomery, Hale, Perry, and

ed counties" (PL. EX. A-2, April 17, 1874).

ople" was ueed extensi.vely ln Democratic
spondence fron 1874 to 1901. The term,
ind ln the Deuocratlcally controlled Press,

ot blacke, who were deened lncapable of
nt opinlon. (Tr. 3538-4I) (Tr. 3968).

).

According to the So chern Argus, the League's "success here wilI

-1r



22. The Tax

extravatance by ra

meritless. Democr

(i.e. , blacks and

no specific charge

In short , Dernocrat

but rather to the

b Iacks (Tr. 3484

"negro part-y a

corruption ...c
parr-y a parr-y o

pledged to the pr

all." (PL. EX. A-

23. An ex

treatmenr- of the

and L874, in fact

and poor adninist

government. Unde

Bovernments could

Despite the high

DaIlas Count.y con

black Republicans

county. One year

!/ During Recons
Ehe state debt ha
$29 ,0oo,0oo. (Mc
of the debt consi
ALabarna legislatu
Democrats clalmed
crear-ing debt bY
railroad issue to
Hist--orians a8ree,
cornpanles hras not
79>. Governor Pa
of 1865, 8€t e Pr
when the legislat
state to endorse
adminlstrat.lon wa
debt . (McMillan,

Payers' League's claims of corruPr-ion and

ical county of f icals r,rere unsupport-ed and

ts in Dallas County condemned the oPPosir-ion

epublicans) in Beneralized terms, citing

of corruption or efficiency. (Tr. 3480-84)

vrere nol'- responding to actual corrupt-i6n,

lection of blacks or Persons rePresenting

. As described in the Southern Argus, the

arty of incompetency, ignorance, and

ld be defeated only by a white rnan's

int.elligence, character, and int-egrit-y;

ection of the rights and property of

, August 14 , L974).

nat.ion of the Dallas County Comnission's

x and railroad bond * I issues, in 1873

belie Democratic clairns of extravagance

ation by the Republican-dominated local

the Alabarna Constitut,ion of I868, county

levy a proPerty tax of up to twenty mills

axing potential, in September 1873, the

ission, composed of three white and two

levied a four mill ProPerty tax for the

later in September 1873 t,he commission,

ruction, from approximately 1868 to-I87+,
increased from- less than $7,000,000 to

illan, 8t 196). Approximately two-thlrds
ted of railroad bonds guaranteed by the

that the Republicans \rere fesPonsible {ot
inancing tha railroads, and, thus, used the
discredlt Republican administrations .

however, thai- investment ln rallroad
strictli " Republican phenomenon. (Tr. 3478-
ior,, wtr6 had teen elected under the Constitution
cedent for Radical sEate aid to railroads

e under Article IV of the 1868 Constltut-ion.

re passed an act in 1867 eur-horizing the

"itl."a-bonds. 
Democratic Governor-Lindsay's

also responsible, ln Part, for the large
et 196-97 ).

-L2



having Ehe sarDe rac

Eo Ehree miIls. (D

1874). The properc

1870's was noE only

Ehe 1868 ConstiEuti

property tax lfunita

of 1875. (Tr. 3474

24. The Demo

poltEics on a sEaEe

commonly characEeri

(Tr. 3294). "The t

on a campaign promi

Although the Democr

efficient and econ

was paramount. *r.*f

parEy platform also

, but it lras also less

less than the tax ltnit

ion established in the

75). *l
raEic party gained concrol of Alabama

lde basis ln the election of November

provided for in

Ehan the five mill

Redeemer Consticution

ts

L874,

**l

I compos iElon, reduced t,he properEy tax

F. D(. D-5 , Sept.ember I6 , 1873 and September 11 ,

cax in Dallas Councy in the early and nid-

ed as the "redeener election victory."
mocratic] legislature was elected

e of white supremacy." (Tr. 3295).

Elc platform cried out for creating an

ic staEe admlnistration, the race lssue

(DEF. EX. A-2, July 19, 1874). The

denounced as unconstituEional the federal

* I SfunlIarly, in f
5onds, Ehe Dallas C

it would not levy t
lndebEedness on the
its bond obllgatlon
f lrm of l'lessrs. l,lor
the county was noc
on the bonds. (DEF
repudiaElng bond ln
adopted the policy
Redeemer ConstiEuti
radical nunlclpal g
obligatlon on rallr
80).

nancing SeIma and New Orleans Railroad
unty comtrission, in L874, resolved Ehat
es requlred Eo pay the outstanding

bonds. The County cotrrDission repudiaEed
based on the advlce of the independent
an Lapsley and Nelson, which determlned
iable to pay the inEeresE or principal
EX. D-5, 0ctober 1, I874). In

ebEedness, the radlcal county commission
ventually lmposed statewide, under the

of 1875. (t'lcMi11an, 8t 196). The
verntrent in Selma also repudlaced its
d bonds durlng ReconsEructlon. (Tr. 3479-

** / The tertr "rede
IEite "DemocraEs of
the staEe from Ehe
Negro domination...
*** / In diecueslng
EEted thac "the bo
than the race quest
trore than of norals
home, but not the I
July 19, 1874). Bl.
thelr platforn beyo
att,ractlng whlte vo
of negro rule as tl
and tlontgouery...."

Eer" is used because the conservative,
the day indicated Ehat Ehey rr,ere redeeming
vlls of Carpetbaggers, scalawags Iand]
" (Tr . 3294-95).

the L874 campaign tssues, the Southern 4Egus
d questton lnvolves a DatEer less \rTtaf
on. It ls a EatEer of dollars and cenEs,
and lnmuEable laws. It touches the
nctltles of homes." (DEF. D(. A-2,
ck BeIE Democracs adoitcedly expanded
d the rece tesue for Ehe sole purpose of
ers frou counEles whtch "have no concepEion
uetraced ln Dallae and Perry and Lowndes

(DEF. EK. D-I, June 26, 1874).

I3



goYernfnenrIs atterrP

for blacks through

the need for "whit

defense, and for t

(PL. EX. A-2, Augu

?5. In Dall

counties, race was

In August 1874, th

campaign aPPeal to

describing the "ne

County. TheY exPl

county wiIl contin

white men who are

ignorant and corru

wisely and honestl

White Democrats,

white me
to the P
nomi.nees
of f icers
end, tha
governrne
about o
for, in
s trangul

26. Althou

the Alabama Legis

cont.inued to hold

Ilovember 1874 eIe

delegation, for e

black State Senat

W.H. Blevins and

Court in 1874 wa

black. (PL. EX.

Local B,over
the Radtcals

s to 1e gi s Iat-e

he civil rights

people t-o unit-e

social and PoIit icaI equalit-Y

biI1. Ic also declared

and act- t-ogether in self

e preservar-ion of white civiLLzar-ion .''

r 28, 1874).

s County, as well as other Black Belt-

t-he prirnary issue in the 1874 election '

"white men of Dallas County" issued a

their "brethren in the white counr'ies"

ro party's" control of politics in their

ined t-har- " I t ]he county Sovernnent' of thi s

e to be in the hands of negroes and of

or- better.... i^le may nor- expect- these

t men to administer the county governnen'--

." (PL. EX. A-1, August 28 , L974) '

erefore, urged

in all Parts of the state " ' to- go

1I; in llbvember, and vote -for the
of the white men's Party for state
. . t."a f or ] the legis lat]-rre , to the
throus.h the action of the state

E . . . tfrE Ulack grasP that is now-itto"t" 
may bE soinewhat loosened;

he "black bLIt" we are nigh unto

h white Democrats recaptured control of

ature ln 1874, blacks and ot'her Republicans

office in Dallas County as a result of the

tion . ll The Dallas County state legislacive

ampIe, consisted of six rad!cals, including

r Jere Haralson and two black Representacives '

arlesHarris.TheDallasCountyCommissioner'
composed of five radicals, three of whon were

-2,.Feb. 19, 1875). t'loreover, blacks

!t
of

nt in the Black Belt remained in the-rhe I874 eLection. (Itcl'liIlan, 3t
hand s

175 ) .fter
-14



were also elected t

tax assessor, clerk

of che criminal cou

Novernber I3, 1874 ,

27. With whi

legis Iative , execu

Derrocrat s launched

holding ln the cou

election, the Sout

DaIlas CountY want

criminal court, to

a gubernatoriallY

Court. (PL. EX. A

had accornP lished a

Iegislation that e

elections for Poli

serve as clerk of the crininal court'',

of the circuic court-, coroner, and judge

t in Dallas CountY. (PL. EX' A'2,

{over,rber 27 , 1874).

e Der,rocrats in control of the state's

lve, and judicial branches, Dallas Counl'-Y

ntense efforts to eliminate black office-

y. Wichin two weeks of the llovember 1874

rn Argus reported char- the whit-es of

d the legislature to abolish the Dallas

regulaLe of f icial bonds, and to subsr-ir-ute

ppointed Board of Revenue for the comrrissioner'

2, November 27 , 1874) . By 1876, Democrats

I three goals, in addition to passing

iminated blacks fror,r juries and abolished

ical offices in DaIlas CountY'

- 15



28. The PosE

significant issue i

elected counEy off i

funds prior to taki

successfully chall

The Democrats used

officials from post

made Ehe bonds so h

them. (FlcltiIlan, a

press exercised gre

Southern Argus cond

for black offlcehol

radicals in office.

Argus condemnations

Some dou
enamored of
become sure
Boyd (negro
electing hi
in 1t, over
white man
appo inted .

EX. A-2, Dec.

3490-94).

29. The Democ

agalnsE suretles.

rnan, testlfted ln

of the Comnlctee o

( PL.

Tr.

nt of bonds by elecced candidaces was a

the nid-1870's, 8s 6taEe law required

ials to post bond as securicy for public

g office. If an official's bond was

ged, Ehe governor fiIled Ehe vacancy.

everal tactics to Prevent black eLecced

ng bond. First, the DemocraEic LegislaEure

gh that, no Republican or black could Deec

2I8) . Second, the Democratically controlled

t pressure on poEenttal sureties. The

mned DemocraEs, who served as bondsmen

ers, for keeping incompetenE and dishonest

(PL. EX. A-2, Nov. I3, 1874). TYPical

inc luded :

tless very well-meaning men,
negro rule in this counEy, have
ies on the official bond of
, Eax assegsor, Ehus virtuallY
to that office, and lnstalling

Bome honest and comPetent
om Governor Houston would have
Shame.

1, f874). (See also id,. at Jan. 15, 1875;

ats also used social and economic lnEinidacion

,8 Jere HaraIEion, black Dallas County Congress-

77 before the United States Senace Subcomnictee

Privlleges and Elections: */

* I The eubcoomltt
4+ctr Congrese, 2d
ln any of the elec
of 1874, 1875, and
8taEe, belng twent
States, Eo vote ha
Report No. 704 are
wlch the Court.

of the comtrlctee on Privileges and Electlons,
sslon, lnvestlgated t,he quesElon of "whet'her

lons ln the StaEe of Alabaoa [n the elections
1876 Ehe rlght of nale lnhabitents of said
-oD€ years of ege and clclzens of the Uniced
been'denied or-abrtdged. " Excerpts from

quoted ln Ehe flndlngs, 8nd have been lodged

- l6



If a Dan wo
of Ian elected
in any kind of
hin and advis
him; that he
Party there,
who had been

(Senate RePort No.

30. Democrat

act creat,inS Ehe Da

black officeholding

reporEed thac becau

the negro IR.
presiding jud
unficted for
offlce, the P
rePeal. With
court is a mi
nuisance, whi

(PL. EX. A-2, Decem

of Judge Thomas' qu

of Ehe democratic b

Senate subcommitEee

good officer and un

155). There uere I

The sole comPlaint

people would not I

only two monthly t

legislature abolis

another court with

Lewls, a DemocraE,

( Id. ) . Ttro reason

expense and Ehe Ne

31. In addi

office, the Alab

calling for the Co

Ehe "Radical Conet

ld proPose to Bo on the bond
RepirblicanL anA he was engaged
business, theY would Publish
Ehe PeoPIe not co trade wirh
s a traicor to che whice Ean's
d he was golng on a Ean's bond
ected by the radical negro Party'

4, 44ch Cong. 2d Sess., P. 153).

in 1874 also called for the repeal of the

as Criminal Court in order to eliminate

(Tr. 3496, 3502'03). The Southern Argus

B. Thomas] now lnstalled as
e is utterlY and absolutelY
he dischargL of the ducies of the
ople are uiamimouslY- ln favor of
;iage Thomas on the bench, that
cheiious, exPensive, and dangerous
h would soon- become intolerable '
er 11, 1874). The Argus' characterization

Iifications differs, however, from EhaE

r. According to tesEimony before the

"the democratic bar said that he was a

erstood his business ...." (Id., aE

complaints about Judge Thomas' qualifications.

s thaE "he uras a neg,ro, and t'he white

nd iE." (Ibid). Judge Thomas served

os before the Democratlcally conErolled

Ehe criminal court and escablished

gubernatorlally aPPointed judge ' Governor

then appoinEed a whice Democrac as judge'

were given for abollshing t'he courE:

ro Judge. ( Id. ) .

lon to leglslatlng black Radlcals out of

"Redeemer Leglslature" passed en ect in I875

stltutlonal ConvenEion of 1875 co replace

cutton of 1868." The Southern Argus strongly

- 17



endorsed the conven

was noE adopced by

Eheo in violaEion o

(PL. EX. A-2, June

in AugusE 1875, ove

Belt counties. The

whehningly DemocraE

dents, mostly from

32, The 1875

It could to dlsadva

federal interventi
For example, the Co

registration proced

comDitted peEty cri
black voters. **l

federal elections

explicit purpose of

marshals Ifrom] int

elecE sEate offlcer

Finally, the Consti

the clerks of Ehe c

torially appoinEed

ion call because the "present consticution

he people of the state, but imposed upon

Iaw, and is t,herefore nul1 and void. "

0, I875) . The Conve'ncton caII was passed

the opposiclon of voters 1s Ehe Black

delegates to the convenEion were over-

c, with only 12 Republicans and 7 lndepen-

he Black Belc, being elect,ed. (l4c}{i1lan, at 188) .

ConstlEutlonal Convention wenE as far as

tage black voters wichout engendering

. *l (Tr. 3961, 3495-96) (Mcltillan, at 29L),

stitution of I875 provided for new voter

res that di.squalified persons who had

es: a provision designed to disqualify

Tr, 3496). It also provided for sEate and

be conducted aE different times, for the

preventing "United SEates supervisors and

rfering with Ehem when Ehey went to

." (SenaEe Report 704, aE 150-5I).

uElon changed the method of selecEing

rcuiE courEs from an elective to a guberna-

ystem. The effect of this provision in

). I The DemocraE ic
5r educaElonal qual
Enabllng AcE. Furt
lnEervencion ln 187
Negro Ehe suffrage.
provisions requtrin
forbidding racial I
the concern of fede
did, however, adopt
ln publtc echoole.
** I According to b
Eimes provlsi.on dl
ln Dallas County tn
prior to the elecEl
blacks, who had bee
lndivlduale had bee
atEenpted to vote,
thus, prevented ft
black voters ln Per
blacke constltuted
er 15I).

arty pledged not to adopE any ProPerty
ficatlone for votlng tn the conventlon
€r, "there Lras too much danger of federal
for the convenEion to seek to deny Ehe

' (McFli11an, 8E 20f ) . ConsEiEutional
segregaEton on common carrlers and

cermariiage rirere noE adopced because of
aI lntervention. ( Id. ). The Convention
a provislon requirTilg racial eegregation
19. , at 206).

ack Congressruan Jere Haralson , the PeE cy
franchlsed approxlmately 450 black voters
Ehe 1876 sEace elecElons. Several days
, Democrat,s published a long llst of
regiBtered, and announced thaE those
convlcEed of larcency. If those Persons

hey would have been lncarceraqed-and,-
, vbttng. fhle practlce also dlsfranchised
y County and tn other large counEles where
DeJorlty of the voters. (Senate Report 704,

- 18



che Dallas CountY c

with a Democrat.ic a

On November 16, I87

ConsEicuEion....

Dallas, Lowndes, an

ac 2L6),

33. lmnediat

Conscitution, Demo

Ehat theY intended

Iaw abolishing the

CountY and escabli

members were Eo be

The sponsors of th

County legislative
rather a SrouP of

H. A. Stollenwerek

34. Those w

governnenE with a

did so for raciall

that a gubernatori

"absoIuEeIY necess

nearly all the co

(PL. EX. A-2, Dec

vras a good Plan b

rcuit was Eo replace a Republican clerk

pointee. (Senace Report 704, at f54)'

, "the people racified the proposed

Iy the four Black Belc counties of AucauBa,

l.tonEgomery voted agalnst iE. " (llc}'iillan 
'

Iy following ratification of Ehe 1875

aEs in Dallas County Save formal noEice

o petitlon the general assernbly for a

ourt of county commissioners of Dallas

ing a court, with similar Powers, whose

appoinEed by the Democracic governor'

bill rrrere not nembers of Ehe Dallas

delegacion, who were a1I Republicans,

cracs led bY N. H .R. Dawson, P' G'

and A. J. l'lartin. :l
o sought Eo replace Ehe elective local

ubernatorially appointed systelo of selecEion

dtscriminatory PurPoses. It was clalmed

1ly appointed cotrtrissioners' court was

ry for the Protection of the taxpayers of

tles in whlch the negroes have conErol ' "

ber L7 , 1875). An aPPointive sYstem

ause, "t,here ts lictIe probabiltty Ehac we

but

Wood,

* I The bill's sp
Eo eliminate blac
and l,lood helPed o
(eee Findlngs 2L
the CountY Democr
theme was "whlEe
wich Robert t'lcKee
Republlcan bonds
Councy Board when
of chb black erea
ProbaEe Judge ln

sors had long been involved in the fighc
officeholdin[ in Dallas County' Dawson
;;i;; the Dairas councy Tax-Payers' League'

fi;"ir: ;;;t;i and Dawson was chitrPerson of
-+Eic Execuctve CommiEEee, a grouP Yt-'o.s"

;;;";;;t:; (rr. 35oo). Dawson collaborated
ofi-"ttilles -condemning persons -who backed
;; r"rroic"a the ellmfnbtion of the Darlas
i; ;i![;;J-a uiacr official and Ehe deannexarion
;i S"fr". (tt.-f SOf ) . P. G. t'lood was aPPoinced
876 and eeived uncii at least 1901 ' Racial
i"J ; large role tn his tntttal sPPolncmenE'conslderationa PI

(See lnfqg, P. 38

- l9



shall ever have ano

wishes of Ehe peopl

to local office ...

35. On Febru

enacted a bill esta

for Dallas County.

of Ehe Dallas Count

Republican, **/ Un

was to be composed

all appolnted by th
jurisdiction and po

throughout the sEat

for all business pe

missloners. (PL. EX

36. The racia

from an elective sy

was dramatic. Duri

voters elected cand

Commlssion. By 187

el1 f ive mernbers we

responsive to the n

that time). After

er
*/

governor who will not regard the

of the several counEies in appoinEments

(Id.).

ry I9, 1876 , the Alabama Legi. s lacure

lishing the CourE of County Revenues

The bill was passed over che opposiEion

legislative delegation, which was aIl

er Ehe AcE, Ehe Court of County Revenues

f. che judge of probate and four cotrmissioners

Governor. The Court was given the same

ers as courts of county commissioners

, and was given lmnediate resPonsibility

ding in the Dallas County Courc of Con-

A-59).

ly discriminatory effecc of changing

Eem co a gubernatorial appointment system

Reconstruccion and untiI 1876, black

dates of their choice to the Dallas County

, two of the f ive nembers lirere black, and

e Republicans (the political Party mosE

eds of black citizens in the staEe aE

he Alabama Legtslature enacted Ehe

* I "The people", o
people of Dallas Co

course, Deant the white, not black
cy. (See p. ll, D. */, euPra). As reported by

the Southern Argus, " Ie ]very honest whice-citizen.s of the
f. the bill now pending ln the legislature
IIas County cotrmlssioner's court and

counEy is ln Iavor
for abollshlng the
creatlnB ln its 8te
appolnted by Ehe go

**/ Passage of t,he
Elegac ion vloLated
which the General
local delegaElon on
county. (Tr. 3297)
County appealed d1
clrcumvent che Rep
problen for uhite

d a netr, courE whose Judges shall be
ernor.rr (PL. Ex. A-2, January 28, L872).

Act wichouE the approval of the local
t,he long-standing courEesy rule, by
sembly defers to Ehe decision of che
leglslatlon pertalning solely to Eheir

Of' course, white Democrats in Dallas
ctly to the Redeemer Legislature to
llcan delegatlon, the source of Ehe
mocrate ln DaIIas County.

-20



gubernatorial appoin

black person or whit

County's toverning b

effect from 1876 to

37, During the

scene was "over-whel

overwhelming dominIa

This sentiment is iI

were Eaken by the Al

specific purpose Eo

349 5 -9 5) These acE

purpose Eotivated t

appointmenE system

trenE sysCem in I876 (PL. EX. A-59), nc

Republican was appoinced Eo Dallas

dy. The aPPointive system remained in

90r. :l
1875-1876 period, Alabama's political
ingly anti-b1ack" (Tr. 3494) with "an

nce by Democratic racists." (Ibid).
ustraEed by several other acEions which

bama Legislature in Ehe mid-1870's wich a

iscriminate against black voters. (Tr.

ons also shed Iight on whether an invidious

Legislature to enact Ehe gubernaEorial

r DaIIas County (Id., at 3495-98). **l

rc I There is auple idence thaE che Legtslature, in enacEing
olntmenE system, was racially motlvated.
ruption or inefficlency could legicimately
gi-slacure to replace the- elected counEy

Ehe gubernatorial a
No allegacions of c
have moilvated the
off icials wlth Demo
3490- 35 1 0) .

**l In addiEion, t
6 enacE Ehe gubern
es Ehey said rePeat
supremacy." (Tr. 3
decision co enacE E

ootivated. (Tr.35

rlcic ones apPointed by Ehe Governor. (Tr.

ose persons who peEicioned..the Leglslacure
toriil appolnEmenE systen "Lrere concerned,
dly, wich'preserving and Protecting white
OO). Thts- ls probaclve of whether the
e 1876 appoint tve system Lras rac ially
-02).

-2L



It,l

I

I

I

I

I

38. The r".if f ef f ect- of the 1876 law ' as well as the

admissions of legisf ators themselves, denonst-rate quit-e clearly

rhar the Alabama r,"Iislature act-ed with a rac!a1ly discrirninat ory

purpose in estaulisfrin* an appointive court of county revenues

for Darras county. I ,tt . 3505-07 ) . The Leglsrar-ure's PurPose

$ras to ,,return cont[ror of the county governrnent in Dallas

!tes, 
!" 

eliminate the black county officials whc

were able ro be "fl"t"d 
under the at-Iarge syst'em during t'he

Reconsr.rucrion nerioa and even af ter rhe Democrat j-c victory

srarewide. " (Tr. S]OO; see also Tr ' 3508 ; and }lcliillan ' 3r' 222) '

Jarnes Jefferson no{inson, a state legislator frorr L872 to

rgg0, described .n+ Legislature's purpose in passing the 1876

Act as follows, 
I

DaIIas cbuncy car:le before us and asked us

.o'liii[E-'Cr'ti'ii officers that thev had

"i""."J"["-if'"t 
county' th9 legally--

q,;;iif i"[ "lectors ' 
bne of thern a Negro

.ili'i;;f ti"-iigl'tt to trv a whit-e rnan for
hi;'- rii;1, 

- riu"iEi and propertv.' Mr ' chlirman '
tr,It-;;;l' a-ira'e' qu"stion- to the Der'rocrats
,r',3'nl;"hi":v;'ueiievea in tlie- rights 9f
P";Pi;-$-""i""t their ov'n of f icers' But 

'

"i,I[-""-1r." t,t," 
life, liberry. and ProP:r:y

oi=In!-d;;;";i;"" were at stake ' w€ struck
ai*i"itl;;ii;;-do""ii- tt'" Negro an.d his-cohorcs '
w""p".""|;;-;i the caucasian race there to try
them' 

I(rr. 3489). 
I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

| -zz
I

I

I

I

I

I

I

I

I



39. Bolsteri

PurPose motivated

the I876 appointiv

that the Alabama L

bi11s, providing f

body to repl'ace an

counties in the 18

Republicans Iand b

other means, the 1

county conmissione

locaI bodies aPPoi

40. By Marc

of Revenue had bee

newly appointed c

W.J.A. RusselI, 8o

tax payers, good b

citizens." (PL. E

were also "good De

the county's Der,roc

April 2, 1882).

41 . In llar

first term, the

inaugurated i.ts w

a year our county

Iook." (PL. EX.

accomplished tn 1

existlng twenty-o

precincts. (DEF.

lines Lrere redr

-23

g the conclusion that- a discriminar-ory

e Alabarna Legis lature in ics Pas sage of

system for Dallas Count-Y is the evidence

islature enacted virtually idenr-icaI local

a gubernatorially aPPointed governing

lected body, for nine other Black Belr-

's . (Mcltillan, ar- 122). "Where the

acksl could not be driven from office by

gislat-ure abolished the elective courr- of

s or city councils and substituted therefore

ted by the governor." (Id.).

1876, Bf, all-white Dallas County Board

appointed by the Governor. The four

issioners, F.H. Smith, F.W. Siddens,

J.H. Williamson, were described as "Iarge

iness men, and honest and comPetent'

. A-2, March 10, 1976). The appointees

crats, " recommended to the Sovernor by

atic Executive Committee.rr (PL. EX. A-3,

1876, the end of the appointed board's

us reported that "It]his Court has already

k of retrenchment and reform, and within

ffairs will begin to have the old time

3, March !7, 1876) One such reform,

te May 1876, rdas to divide the county's

e voting precincts into thirty-four voting

. D-l, June 2, 1876). The Precinct

such that the "republican colored men in



the precincts who c

same precinct, and

not read or wriCe

of precincE lines e

to defraud black an

In sore instances,

inspeccors of Ehe e

Rep. 704, at 145).

reduced t,he RePubI i
an election roarked

white Democratic vo

supremacy in Alaba

42. At the

gubernatoriallY aP

also considered an

of Selma. Accordi

of DaIIas CountY h

cicy court biII...
as passed, creaEed

in Dallas CountY.

which provlded for

Iaw provided for t
yeat tertr; and the

and register. (D

Haralson, former I

Haralson, was aPPo

(DEf. EX. D-1, Feb

*l According to t e@:
"The negroe
belt. The
the leglel
!Jl lcox , Mo
wlII vote
If they co
neg,ro nal o

uld read and write" were all placed ln the

our or flve hundred colored men.. . who could

re placed ln anot.her precincc. This Danipulacion

hanced rhe oPPortuni.ties for Ehe Democrats

Republican voEers. (Sen. ReP. 704, at 143-f45)'

the Democrats in the PrecincEs who were aPPoinEed

ection would refuse to oPen the polls." (Sen'

Rearranging the PreclncE boundartes greatly

an vote in the counEy's August 1876 election:

y the "race issue." :l Ihe Argus urged the

ers to give " [O]ne trore vote for whice

l" (DEf. EX. D-I, August 4, 1876).

ine of the creaEion of the Dallas County

lnted court of Revenue, the Alabama Legislature

passed a biIl establishing the Cicy.CourE

to the Argus, "[3] majority of white cirizens

petitioned the legislature ln favor of Ehe

(DEF. EX. D-I, January 28, 1876). The bilI,

a criminal, law and equity courE, with jurisdicEion

I]ntike the prevlous court system for Selma

elected judicial officers, Ehe newly enacted

,e governor to appoinE the judge for e slx

Judge, tn turn, ePPointed the court clerk

. D(. D-1, February 18, 1876). Jonathan

aveowner of black Congresstran Jeremiah

nEed judge of the newly created court'

uary Il, 1876) .

keep up their organizatlon tn the black
havl nominated nEn of thetr ol'n race for
ure ln Dallas, PerrY, Greene, SumEer,

"or"tv and other negro counties. They
iia-f[r, the eo-callEd lndependent tickeE '

[d elecE Ehat Etate tlcket and gqt- a
i.y-i"-it" i"gislature, -w9 ehould^!9Y" sad
Uir.. (DEF.-EK. D-I, JuIY 28, 1876)'tloeg tn A

-24



IV. THE ALABA}IA PO ITICAL RAC IAL CLIYT,ATE DIJE-i-II-Q-THE

Politics: 9uffra Restrictio

O-1910 (Yale University Press, L974)' P' I30

43. BY the

and the Black BeIt

from "Radical and N

After 1876, for ex

Alabana Legislatur

One-Party South, 1

after cited as "Ko

the solid control

the late 1870's an

political scene aP

voters" during in

blending widesPrea

deal of fraud." (

even boasting - th

but count.ed for th

had anple reason

ta free vote and

(footnote omitted)

45. In 18

disfranchising 1

white election of

procedures to dis

complicated elect

their ballots.

enabled Democrats

throughout the St

id-1870's, the State of Alabama generally

n particular had been cornPletely "redeened"

gro rule." (Tr. 3294-96; 3509; 3962)'

le, no black Person was elected to the

J. Morgan Kousser ' The Shaping of Sout'-hern

sser P. 
- 

"). ll Alabama oPerated under

f the Democratic and Conservative Parr-Y in

throughout the 1880's; by 1890, the Alabana

eared "caln". (I!id) .

intimidaf_ion, with minor f avors and a Srear-

usser, .gt]pra, 8t 13)' "openly admitting

t llegro votes were cast' for the oPPosition

Democrats, leaders of the dominant Party

fear Republican and Populist pledges of

fair count."' (Kousser, !$, at I30

, the Alabama Legislature enacted a

known as the Sayre law' This law enabled

icials to: 1) use complex voter registration

ranchise black voters; and 2) f oIlor'r

on procedures when black voters did cast

ese discrlminatory elect'ion procedures

t,o retain e Position of political suPremacy

te of Alabama. (Kousser' supra, 8t 130-38)'

oiitfir ' "
75.

44. The De cratic forrTula for the control of "black

880's and 1890's was "extremely comPlex'

)

3

* I Dr. Kousser'8
E Learned treatis
F.R.E. See Tr.

25



46. The SaYr

and racist PurPoses

of 1901. (Kousser,

chis is an issue of

Herald. 'It is , to

and honest waY of P

counties, the Prese

threatened the exis

safety of the State

author of the SaYr

IlontgorserY CountY

supra, 3t 133). "

that his bill woul

.... It elIi]minat
perfectlY legaI wa

in Alabarna's Polit
law was enacted bY

racially discrimin

discriminatorY SaY

voting strength of

viable issue for t
Alabama had been "

47 In the

secret ballot law had the same part-isan

as t.he Alabarna Consr-itutional Convention

upra , at I3O- 38 ) . rr rWe do noL think

reforrn' - intoned the IBirr.ringham] SE

be exact, a necessity to find some legal

eventing llegro control in the Black

t system having produced evils that--

ence of the IDemocratic] Party and the

trr (Kousser, .ggpgg., at 134)' The chief

law was Anthony Dickinson Sayre, a prominent-

4,"( black in 1890) lawyer. (Kousser,

ayre claimed (in a reporter's sumnary)

'restore the IDJer,rocratic Party in Alaba:ra

s the llegro frorn Politics, and in a

rrr (I9., at L34). *1 It it is welle11-established

cal his tory that the Sayre secret ballot-

the Alabama LegislaLure in 1893 ';ith a

tory purPose. Enactment of the racially

e election law illustrates that the Potential

l{egroes in the Black Belt remained a

e Legislature, even though the State of

edeemed" nearly tvrenty years earlier'

890's Democratic rePresentatives frorn

ined large concentrations of black citizens

ma Legislacure. (Kousser, gW., at I32) '

1893, t,he Sayre law was f orwarded to the

"ir"iir" 
Governor Thornas Jones for signature'

eedlv remarked that- he was very anxious t-o

; am6ng other t,hings., '11. forever wipesn (fo6tnote o*iiiEai (xotrsser, E-]LPr9., st r37 )

counties

dominated AIa

* I Once gnsst--ed
Democrat-ic and Co
Governor Jones al
sign the bill sln
out--... the nlgger

that

the

cont

-26



Legislators from Da

positions in Ehe Le

the Senace and the

County in 1893

Speaker Frank Petcu

protrinent Alabamian

in an effort to lim

propertY owners or

According to the l'{o

rnade by ProPonenEs

necessity to seEtle

Democrats were sEil

(Kousser, ElfPE, aE

announced, twhether

Legislature in the

Ehe Democratic Part

strength, had resor

in DaIIas CountY

"Fraud in Dallas C

macter of very con

(Tr. 352f).

48. The ext

offlcials in the B

by examlning rePor

1890's. In each C

(f890 to I900), th

las County, in ParEicular, occupied key

islature. For example, the Presidenc of

peaker of Ehe House both came from Dallas

ich, in 1890, vras 84%black. */ House

of Dallas County was one of the first

t,o call for a consEitutlonal convention

t Ehe rtght Eo vote to liceraEe Persons,

o those who had served ln the Civil War.

ile Daily Register, the chief argument

f. a consEitutional convention was the

Ehe suffrage question then, while the

in controt of State and local governmenE'

L32-34) . t'twe doubt, ' Ehe []'lobiIe ] Regisrer

there is one more Governor and one more

tuffed ballot box. "' It is clear that

, in an efforE to control Negro voEing

ed to widespread fraud and manipulation

EhroughouE the Black Belt of Alabama.

ty was nationally nocorious. It was a

lderable legislative discussion in Congress''' 
"r

nsive election fraud Practiced by State

ack Belt and in Dallas County is exemplified

s of the United States Congress in the

g,ressional electlon during EhaE decade

re hras an lnvestlgaEion of alleged election

* | Drring the yeq
F. Johnston, was f

s 1896 Eo 1900, Alabama's Governor Joseph
om Dal1as County. (!1cl'1illan,99PE,8E 258)

-27



fraud in the Black

No. 67 , 53rd Cong. ,

No. 572 (Part 1),

Rep. No. 284, 55t

No. 327, 56th Cong.

these Congressiona

each involved DaIl

of the votes cast

Democrats PubliclY
(citations omitted

49. Dishon

century hrere not 1

BIack Belt. Indee

were held which we

count. | 'r (Kousser,

held on APril 23,

to call a constit

election, held in

Alabama Constitut

through extensive

officials in AIab

but made him "tan

elt. (!-8, !1$., S' ReP' Misc' Doc'

3rd Sess. I-58 (I895); H'R' ReP'

th Cong. , 1s t Sess. 1-14 (1896) ; H'R t

Cong., 2nd Sess. 1-3: (I898); H'R' ReP'

, lst Sess. l-54 (I9OO))' !/ Each of

invest.igations involved the Black Belt-;

s County; and each involved g,ross manipulat

or not cast) by black citizens' !*l "Sorae

admitted the fraud in the black belt"'

. (Kousser, supra, 8t L67, n' 47)'

ton

V. ALABAMA AT THE TURN OF T}IE_IENTURY..

st elections in Alabarla at the turn of the

mit-ed to Congressional elections in the

, iri 1901, two state-wide ref erenda elecr-ions

e marked by rrta srnall vote and a large

supra, 8t 167). The first referendun'

901 (Mcl'lillan, supra, 3t 26L) was whether

ional convention; and the second referendurn

ovenber 1901, submitted the newly formed

on to the voters for rar-ification' Again

election fraud in the Black Belt ' State

not only disfranchised the Negro in l90l'

involuntaryPartytohiso\^rndisfranchisement.l"

*l The election
fimited to the 18

raud practiced in the Black Belt was not
o;;; 'tn- tt,e i"c" iaio't as welr, thg uniced
i";; tt" 1874-elabama elections which aI?9-Iia"a and violence. The- Senate rePort. :.s
1;;;;h,-"to provi-des graphic and extensive
e officials of the Deiociacic Party Yo"lfl
; i;;iifi"u1" to destrov 'tNl:gIg rure"
i+in-a;;;:; 2nd sess. 6-e3 (r877) ) '

eIt counties also suffered from raclal
;;d ln Congressional.electtols' f": to a

,ia"i;lIi:.*::ll',-[iti'iri; : 
H'R'

States Senate ex
had been marked b
over 700 PaBes in
evidence that whi
"employ Ia]nY mea
(S.'Rep. No. 704,

** I Other B1ack
frppression and
leiler desree th
Rep. No. 1L22, 5

-28



(Kousser, lgpg.g, a

deleBate from the

"Dallas, with a Po

in 1900 cast 5,668

(Mc}lillan, .W.'

convention was di

"Ir]ePugnance for

part, disfranchis

'white suPremacy

methods of 'force

lest rePresentati

President John]

5 0 . I^lhile he prlmary PurPose of the I9OI const'itutional

franchisement of the llegro, it was a

dishonest elections" that motivated ' in

ment. "The convention had met to esl'-ablish

y law' and overthrow the revolutionary

and fraud' used in Alabana since Reconstruct-ion

17f) (quocing a Republican convention

ldUnioniststronBholdofWinstonCounty).
ulation of g,285 whites and 45 '372 tlegroes

votes for the convent-ion to 200 against.''

t 262).

e government perish in Alabama' IConvention

ox said." 1l (PL' EX' 26>'

* I John Knox was
Elabama. (IIcMil1
His opening sPee
In hl-s sPeech, K

a rnrealthY railroad
n, supra, at 265).
toTe convent ion

Iawyer f ror,r Anniston,
(K6usser, supra, 3t 199)

d;1;sates' ilTil sx ' 26 '
x declared:

But if
we must e
or fraud
ever mani
occurred
of negro

(PL. EX. 26 , P.7

we would have whit-e suPremacY '
i.uii"tl it by law, not-bY force
.::-ih" Sustification for what-

"i"ti." 6r the ballot that has

"-[trit 
State has been the menace

omenation (sic).

-ra



vI . THE 19OI ETIACTI'{E IT OF AT-I ARGE ELECTIOTIS FOR DALI-AS COUI]TY '

51. On Febru y 8, I9Ot, the Alabama Legislat-ure enacted

sy s t-em f or the Dallas Count-y Cornrnis s ion '

(PL. EX. A'72). Th re is no direct evidence of the int-ent-

ive enacr-menr-. Consequent-Iy ' to determine

an at-Iarge elect'io

behind this legisla

whet.her a raclallY

it is necessary to

The following subje

whether a raciallY

Alabar.ra Legis latur

for DalIas CountY

2) the events lead

3 ) the his torical

t.rend of the times

4) the racial atti

l90f law establis

racial imPact on

person has ever

even though from

comPrised a majo

after PassaBe of

(the decisionmake

DalIas CountY leg

) in I90I, Particularly the members of the

A. The Bqqiel-El

slative delegation'

gct.

52. Like t' intentionally discriminatory 1876

creating an aPPoi ted governing body in Dallas County

iscriminatory intent motivated the Legislacure '

eview the available circumstantial evidence '

ts of inquiry have been examined to deternine

!scriminatory PurPose motivated the

to enact the at-large electoral systeri

n t90f , 1) the raclal ef f ect of the la-"r;

ng uP to the Passage of the 1901 law;

ontext (including the political and racial

in which the law was enacted; I/ and

udes of the mernbers of the Alabarla Legislature

law

, the

ing at-large elections has also had a severe

lack voters and black candidates' No black

en elected t'o the Dallas County Commission'

1901 to t,he Present' black citizens have

ity of the County's population' **l Even

the Voting Rights Act in 1965 enabled black

* I This tnquir-Y
6o1icY either fo
iLi"r'.ttt histori
""iro""s 

behind
lirl by the Ala

**/ From 1901
Gre permitted.

""iioht 
taken b

provtelons edoP

would also lnclude 3 1'svisw of the State

or against "i]itigt 
elections during the

ar period, . as"Yiii'::^::-:;:T:H:t:1"":"::"
?l"n'":i:litli iil; !i""i"a around the same

ma Legislature '

ntil the mld-1960rs' -vefY 
few black citizens

c vote as--? 'i'"i'-or it'1.:aii'lll :i:?:il:il?:?:l
":;*; .i:'i;tt'ii"B:;l' 3Bl:; ii';i;" : 

-

30



voters in Dallas C ty to register to vote free of the racially

duresthathadbeenenployedagainstthen

oters have been unable to elecr- candidates

sptte of the fact chat there have been fourEeen

nce thar time.

o s ignif icant to examine the irrrnediat e

discrimin'atorY Proc

in the Past, black

of their choice, io

black candidacies s

53. It ls al

effect- of imPlement

time of the law's

vras governed bY a

commissioners (Kir

(Tr. 3619). A1I f

in April 1900 ($.i

l{hen the at-large

the four mernbers

Messrs. KirkPatric

they had been aPPo

Probat.e Judge Wood

people who had in

system, and theY

system in 1876,

racial intent . rr

the 1876 aPPointi

extremelY helPful

Board of CountY issioners ." (Tr' 3619 ) '
ttSo, there was a

tie from the PeoP e who initlated the change to the appointment

ich was a change, I believe motivated by

ng the I90l at-larBe election law' At the

actment on February 8, 1901 , Dallas Count-Y

obate Judge (Pleasant G' Wood)' and four

atrick, Martin, PhilIips and Reynolds)'

ve persons had been appointed by the Governor

), and were white Democrats' (Tr'36fB)'

lectoral system went- into ef fect ' "three of

o were elected. . 'were the sarfle people;

, l,[artin and Phillips were elected just as

nted ear1ier." (Tr' 36I9) ' Itoreover '

and Cornmissioner Martin "had been two of the

iat,ed the call for setting uP of the appoincive

en later were sitting in 1900 on the appointive

Ibid). */ That there is a nexus between

e law and the IgOl at-Iarge election law is

in determining whether the 1901 law was

* | The 1901 law
Eirus lending add
relationshiP bet
that the 1901 wa
lntended bY the

as entitled An Act co Amend the 1876 Law,
view that there was ational weight t'o th:

li"if,"-I;8"i";; ' indeed ' it wourd aPPear
1':-----t^- ^€ rlro d{ scriminatien LrrE Lwv '-ii""ti;; of 

'the dlscriminationsimplY a cont -^q? ,t_ ,a1e_?n\;i'Ji;{";.-i"-iiit6. (tr ' 3618-20) '

-3r



enacted for raciall
generaIlY conceded

orrert ly discriminat

B. The Preceding E

54. A revie

in the decade Prece

behind its enactmen

in Alabama was fir

Party had "redeerne

to do with the bla

festered as a Poli
(rr. 3560) The f.

Black Belt brought

"[I]t was too dang

...to maintain con

Thus, b€ginning wi

continuing with th

in 1901, State off

reasons, because it is

thac t.he I87 6 law was

d i scr iminatorY

mong historians

rv. ll
ents.

oftheactionsoftheAlabamaLegislat-ure
ing the 190f law sheds light on the PurPoses

. y/ Although "white man's governr:lent-"

y in place after the Democratic and Conservative

' che Stat-e in the 1870's, the issue of what-

voters in the overwhelmingly black counties

ical and racial issue between 1875 and 1901 '

aud used to control the Negro vote in the

notoriety and ernbarrassnent to the state:

rous for IB] lack BeIt Denocratsl polit-icaIly '

ro1 [of black voters] by fraud.'' (Tr' 3560)'

h the Sayre secret ballot 1aw in 1893 ' and

establishment of the Alabarna Constitut'-lon

cals devoted a Sreat deal of thought and

*l Indeed, DE. Al
UniversitY, caIled
Commission, testif
of blacks in Dall
regaining control
is-why I say theY
tactits to keeP t
to dilute the vot
votlng for RePubI

** I This is not
EEe 1870's and 18
Those actions too

en !I. Jones, 3D historian -from Auburn
;; ;-ri;;;;i uY the defendant Dallas countY
ed that uecaul6 oi-tt'" overwhelnilg,"YT!:I^
:'3":X;; i;'i[;; , 

"'ir'i.I o"*o""is trrg 
- 
qir ricurtv

cf rocar gor"itti',1"i iti ' ?854-58) : 'ltTJhis
Iin!-"t it,E o"*o"i.it i -"ti1ized alI kinds of
epublicar,"- ..,J-o]""1.: I 

-,11"v ^[t:I^tli.l;:It';"";i;;;'*it-.i itE-uii"ks,- or the bracks
cEns." (Tr. 3854-55) .

their effect on t,

elections ln 1901
testified at tria

o sav that the actions of the- Legislature in
6'l-'.rI";; ;;-";;i;;;a from the furpose inquirv'
have been "ottiJ"ied-anO 

analvze'd i;r Iight of
e Legislaturei" a"cision to ei-'act at-large

Foi examPle, historian';"I:ti:".[:"i;i6,,
ttrat the Legislature's in -.---^-^,that the Legrsracure s ttrLr
;'i-;ri"Uf irfiint-ana maintailing "white, suDrelracy.
usser also opif,"J--tt'"t ttt"-i'"ei:1:!:::' :..::::"ll'

;F:l; 
" 
: i,,i*. ti:; :?' :fl :' : :. 3'.1:'!;T" :i ":li :;'* "

stem back to ""-"f""ti"" 
one in t90I ' (Tr'

;';;'6;;i"i-tt" iazo law to the 19or law'
;;r-[n'i"t tfie change to an at-large systern was

"ip";".;" 
-"""-"roEtt"" I : : ,-!l:t:^::::-::'"t:li::

tl

and 1880's was
(Tr. 3500). Dr.
discriminatorY en
I876 was relevant
that aPpointive s
35r8, g-ol0 -37) -

Dr. Kousser said:
the change of the

;I:":;i.ooi=Iriit,lJl-ana'both contained a naked
of the Eame invi
racls t. " (Tr. 3 6-37).

-32



d!scussion to o

By the late I89

convent lon for

55. The

replace the Sa

suf frage " "tt
Alabana House

cons l'- i tut ional

with a racial

Likewise, whe

calling for a

and again in

racla1lY invi

her ways of Permanently disfranchising blacks '

's, a moverienE to caIl a consticucional

hat PurPose was well under way in Alabama' 7l

otivatlon for hording a convention was "to

e lavr with a more Pernanent resrriction of the

(Kouss€rr gupra, at 165) ' yl Thus' when the

f Representatives passed an enabling act for a

convention in the 1896-97 session' lt acced

iscriminatory intent to disfranchise black voters '

the Alabarna House and Senate enacted enabling

onstitutional convention in the 1898-99 session '

900-0I session' the Legislature acted wit'h a

ious PurPose '

is also relevant to the PurPose inquiry to exanlne

State officials and t'he Legislature after the

. Thus, the State of Alabarla's formulatlon and

new State Constitution designed prirnarily to

black citizens (Tr' 35tl' Tr' 3566)' within six

enactTnent of at-large electlons is also a fact
rnonths of t

ant here' (Tr' 3658)' The State of Alabar'ra and

56. It

the accions

I90I enactme

adoption of

disfranchise

that is rele

Le gis lature

her

in
ere PreoccuPied with the issue of black voters

* t Hississ
6stabllshnre
at 1 39-45) '
Alabama Pre
opening sPe

ffi, i,, Ieqlo. I'i[;i:"nti:H::':'!!i::"
"."ir-i-""" conLtilHt*: llr"t, discus""i- in ffiE-I "iii: :! i:,i ilBl:r-,I3: 

ji*ii-ti* 
. i 

=: 

. ::ff i 1 : - .
:r;tl tl:'tlai-ai"' i itutioili-.io"'"nt io1 ' Pres ident

ila-ir," yr::'l'iiii.iil;a|";,:;i:1,:" ro*ow ano

ics legaIitY '

xi:it:inri== u:il:tll $E;i1L ?ii:rl6"i"1,i,,"',,, (Ig., at i'Ogl--i"" also-Mc!'IiI1an' st

Jbhn Knox
he defende

and ProPer
eLectorate

**I "IR]e
Gtshed to

-33



I

1

:

I

i

j

1901 and the Scate

to eliminate the fr

of proceedings of t

reveal sPeech afte

that the State of

supremacy of the w

bal1ot box." (Tr.

tts disfranchlsing

e "white PrimarY"

purpose. (Tr ' 366

continue to enact

voters shows quite

was nor- seen by t'

franchisenent. (

the State of AIa

"Around the turn

in Alabama as ln

overwhelming con

Alabama during t'

Alabama Legislat

"white PrlmarY" a the at-large electoral system were to oPerate

as the elect'ion chinery Eo carry out the Leglslature's racially

discriminatorY in ent. (Ibid) .

Context.C. The Histqllgg

57, During t,he late 1890's and in I9OO-OI ' of f icials of

ma srere PreoccuPied with t'he race issue '

as determined to do everythlng Possible

nchise f or black citizens ' The transcripr-

e I90I Constitutional Convention (PL' EX' 28)

speech by convention delegates Proclairning

labama was morally obliged "to Preserve the

ite race, to eliminate the Negro from the

606). Within two years of che adoption of

Constltution, the Alabama Legislature enacted

ystem (Tr. 3561) with a racially discriminatory

-65). The fact that the Legislature would

Iection laws that discriminate agalnst black

clearly that the Alabama Constitution of 190f

Legislature as the excLusive means of dis-

. 3649-3657) ' Enactment of laws like the

f the century racism was at its height " '

he rest of t,he country"r (Tr' 3584-85) ' "The

nsus of scholarship specifically relat'ed to

is perlod shows that the concern of the policy

makers [was ] ove elmlngly with race, and wlth the elimination

of black Pollti 1 power." (Tr. 3585)' The desire of the

reattheturnofthecenturysat.,thedis-
the Negro "8s a lasting solution' They did

franchlsement of

not slmPlY lrant

(Tr. 3587 ) .

o have to contlnue the fraud and vtol€DC€"'rr

34



I

I

:

).

:

I

t

58. Because

supremacy during E

considerable concer

voters. (Tr. 3573)

prohibit or effect

challenging Politi

they would survive

in Alabama had exP

during Reconstruct

The fear of black

conciselY stated b

the negro vote can

trol it, will it

des t.inies of our

59. The hi

fraud within whic

190f, 8r at-larBe

is best described

The
has s
dis fra
Americ
such a
life ,
white
the re
To thi
as a c
a rati
theY w
lt was
ln ord
it ho
of che
tn ex
burd

I

said ,
eny w

Preca
the r
uPa
Greer
Conve
BeIt

here had been a challenge to p"nsgr'3t-ic

every decade from 1875 to 1900 ' there was

about the potential influence of black

,'Unless IDemocrbtsJ took action to

ely rob the potencial contituency of a

al ParEy, they could not be at all sure that

another decade .'' (Ibid) ' i'lhite Democrat-s

rienced the effect of black voting strengt-h

on and were concerned that it' might resurge '

oters amonB Democrats in Dallas County was

the Southern gius in L877: "So long as

be consolidated and wielded by those who con-

an import.anc factor in t'he Polit-ica1

ople...." (PL. EX' A-2, January 17' 1877)'

torical context of political racism and election

the Alabama Legislature enacted on February 8 '

election system for the Dallas County Cornmission

as follows:

onging of.Southerners for self resPectr

thlnP, to oo *iit' the desire for
;i;';ft.;; .--soiiii"i""r? : ift::^111,:,,I"'"rruEttrE'L' ---;;-Llectoral fraud was
, and as long,
latant Part or-ir'!-t!l::l:^*t:i:.:f;:

ill"ltlltl';; It'"-"o"scio-usnels or the

eople wourd b;";t;;;' -Y"t' theY f::::1-
;;". ;= "i- i" 

-""coilio r r 
" I -": s::':l:" t:I :::'

[':i ;itil.;"hi'"t"ttt as 
- 
a-ref orm ' then 

'
;*;;"i;*-6r the erectoral orocess ' was

nale thit .rroi"-i-Fit;=, :l^9: Yl"t rruel::: i3"io'iii"iI"i"E""a about it' rrue'
a bit like ."""pit'g Eitt' Y"d::..t|: I:9..
: ::'ri;:;ti"I='"itE"-t'o"'"' but at least
red the ldeaI'oi-Ir"tnliness' A resident
Black BeIt "*pI!r""a 

this.ieeling in I89I
;i;i;*-il; in5-i!ri-""s tired or the

3i"ilrf,.ioirrt 8, the neBro vote '

ey don]t 1ov9 to soll their clot'hes" he

'they want .n.'f,rlli-:i::.e rirted somehow '

vi"ii,."l;;"i;-";e r inallY .'

e system sras not' only -burdensome ' 
it was

lou-s. The eruPtlon bf Popilism haa delayed

Ilef the Blacf''Belt wanted: it had stirred
,atent fear oi i""f negro. 'o*"t' 

Charles H'

of Perr y co'r,'^ty' ;; ;"; ;E- itt'" 
- 

cons t I tu t iona 1

rrton tn I9OI lt"i";i"-peofie of the Black
lo fear euch (;;il")--aoinrnitlon' I

35



(quotation continue

Gree
electoral
that cannr
and it is
injustice
this subo

(Tr 357 3-7 5)

or disfavoring at-

an historian ca1le

surveYed alI elect

county government

found that there w

elections . **l Th

l90l decision to e

CountY was mandat

elections. (Tr' 34-35).

* t Dr. Kousser fo
fn Alabana imPler
ichemes $rere Pred

from Prevlous Page)

described the system 9[.orSanizl!^-
f;;;;-;;iiY "i i''masnlficant. sYstem

t be perPe.,r"i"I ' iE is .christianit-Y ';'ir-ll;i;iF*;.":: :? i:::i': !Hi:,,

60. To det ine whether there "'as a State policy favoring

rge elections in lgOt' Dr' J' Morgan Kousser'

aill.i3"tiii,-continue' we 
-Jo not believe"

as an exPert witness by the Unit-ed Sr-ates '

on law changes in Alabarna that affected

rom 1875 to 1920. (Tr ' 3529-42)' *l Dr' Kousser

State policy in 19Ol favoring at-large

cannot- be said t-hat- the Legislat-ure's

at-large election system for Dallas

State policY in favor of at-large

sno

s, it
act an

bya

nd t.hat between 1875 -and 1899 ' 14 counties
nt.ins single-ir"*6"t- district- election
minailtly white- t;!i '":I?Ft bl3::-P:?H:?-

t,ion Percentage -w

"o,rt 
ti". changed

during this Perio
*tr"t*ft,g1Y black.

'ffg7S-1899), and these !9ur were ,vsr
ti'.ii,' al;;ki . - <iuiJt .. rhirtv-one other
is Z5-yeat time'ia;i6e impremLnted at-
emes (average"'lt'iQi'7',,0.?:I)l -SH;k..

ems OUrlnB LtraL re5-Y-' , fed On the faCe-;;B;; to-have t I determrt
se,:ytli: o{.tr;iiei"-me*uer district 

:'::""

I'l?liri'ui'jiui ' 
'- ti' ' it li> ' Four other

o a subern"toii"l appoint'ment system
rta7q-1Qoqr - ind thLse f our vlere over-

tem during tnar- Erme L'\rL 'ill".-"h..g" to at-large
"-Io-Jlieimrne 

whether tt.t
districts !n itt"t" g counti;; ' (Tr' 3533) '

Iarge election s

FortY-six other
new election 9Ys
statutes was "to
whether an at-la
was in effect' '

Between 1

countieE during

counties t,hat

face was too va
ot single-membe

** t In fact, t
E-fections durin
There was no St

"iit"r. 
(Tr.35

emes (averaBe er -iv 'v'c ---;;f.) im!'femented;;i"; (aveiaging 39 'L"L.bLi
ms dur ing .n.E'i['i;i; -*i ^:ti-'?'l:"?:ino 

t the

(with an average
iZ counties that
elections (with
Dr. Kousser's su
the electoral 8Y

:- .r' (Tr. 3531) . __ -, _

OO and 1920, Ot' KoussqT's survey found 19

ns.ed to srngrl-m";;;;-district elections
biack population. Percentag!-of 50 '4%) ' and

it*:llHil:;tXi;"liiii: ;:'::;t'i3l: 5 z"'')

:vev alro t","ii"8 'a other "5;;;i;s 
that changed

;teir during th;;=;';9-;;: -"P1:;";::":::t::""::r::;

ere s,as no State PoligI-I"I3'iEEolt-ti::" 352s-4?).=;; i!l"t-tt. Period I875 I

te poricy in lU6i';;"i;;; at-large elections
6).

-36



I

I

I

I

61 . An at-r.lrg" election 6ysrem \ras selected for Dallas

I

county because ,a ,{, rhe onry elecroral scheme that would have

ensuredanall.whitlcountycommission.Ifonecountycornmissioner

had been elected tr{* each of the four residency districts
I r --^ ^l^ai l'e', if a

established by the 
fSOf 

at-1arge election statute--:

single-member aistrfcr erecrion scherne had been established

in l9ol--at least "f'" ": four commissioners would have been

black, under a fairl registration system' (Tr' 3596)' In

three of the four rl"sia".,cr distrlcts, sel,ma, Fork and south

Districts, t.he nro{or"d pol1 rax and literacy test registration

qualifications *.rlo have reduced the black populat-ion major!ty

in each districr .t a voring minority. (Tr. 3589-95)' The

WestDistrict,howfver,hadanestimatedglPercentblackrnale
populat.ion and " ?j percenr literate black male population in

1901. Thus, the if''nf"*"''tation of a poll tax would not have

reducedtheTSner|centeligibleliterateblackpopulat,ion
below 50 ,"'"""t' | 

(Tr' 3595)' Blacks would certainly have

erected one brack 
l"o**issioner, 

in the context of the existing

racially polarizej ""ting' 
(Tr' 3594-95' 3599-3600)' Under

theimplementedaf-lareeelectionscheme,hor,lever,thecountyls

57 percent rir"r"f" black male popularion (Tr. 3590) would drop

below a voti"S nof'lation majority county-v7ide' with t'he poll

rax requiremenr, 
fes,rrtins 

in the election of an all-whit-e

board of commis'{o""t"' (Tr' 3596)' Historians who have

st'udiedtheadoniionandimplementationofat-largeelection
systems around atf" u"einning of the rwenrieth century "have

found that the lftent and ef fect"'of those laws was to dis-

advantage lower 
fr."s 

people." (Tr. 3630). "tlln che south

blackscomnrisedIalargePortionofthoselowerclassvoters...
(Tr. 3623). tnel ar-large sysrem disadvantaged black voters'

whereasaslngle|-memberdist.rictelectionsyStemwouldnothar'e

had such an .arf,r"" effecr on blacks. (Tr. 3630-35)'

I

| -37
I

I

I

I

I

I

I

I

ir



D. The Rac

62. When t.h

was enacted ln Febr

comprised of "ove

The Dallas County 1

of House Speaker Fr

Nunnellee, ** I and

House Speaker Pettu

an extreme racist.t'
also a raclst, who

(Tr.3614.) SPeak

in 1895 , llunnellee

of the ionmakers.

at-large electoral Eyster:l for Dallas County

ary 1901, the Alabama Legislat-ure was

elmingly white Democrats." (Tr. 3609).

glslative delegacion at that time consisted

nk L. Pettus */, State Senator James

epresentatlve H. F. Reese. ** I (Tr. 3610-17)

ttwas a prominent Politiciant' and he "was

(Tr. 3610). ****l Senator Nunnellee was

vocated disfranchisement of the Negro '

through hls ner,IsPaPer, the Selma Times,

eclared:

e power in the legislature,-probably, than
clrtainly had moie Power than anybody else

rt (Tr. 3610).

ror of the Selma Times from 1892 to 1907,
introduced 6ilETEge election bill ln the
).

er (Tr. 3615) and "a close political
3516). He also served
L90I Constitutional

* I Pet.tus "had nro

Enyone else, and h
from Dallas CountY

** I llunnellee, €d
ffis the person who
Senate (tr. 3612-I
*** / Reese \{as a
lEociate of Sena
as a delegate from
Convention (Tr. 36

****/ For example
SlTre I law during
(Tr. 3611). In a
Cornmittee, Pettus
these words: "A
ris.ht to talk abou
thin the blackest
of AIabaIIl8.'r (Tr.
Kousser, comparlng
blacks "vras the wo
(Tr. 3612) .

Pettus, ttatl

the fraud PerPetra
the 1880's and I89
Supr€Ill8c). rr In 18
Pettus announced h
the Black Belt for

r Nunnellee.tt (Tr.
Dallas CountY to the
6).
Pettus "was very much ln favor of the

th; 1893 session'of the Legislature .''
900 meeting of the scate Democratlc Executive
ttacked th; Popullsts and Republicans wlth
n who ls not a- Democrat today has no more-rifii"g a Constitution f9I ,9 ei,d PI children
epro thlt llves on the soil of the State
6ii) (PL. Ex. A-25) . Accordin-g- !o historian
uhi ia Ptrnrrl { sts and white Republicans towhite Popultsts and white Republicans to
st thlng'IPettus] could think of [']"
extreme Partisan Democrat'r- (Tf: 39f?), defended

"a-Uy 
,trite Democrats in the B1ack BeIt in

;; ;; a legltlmate means of malntatning "white
g, at the State Democratic Convention,-ti"" 

"not ashamed of what we have done in
our protectlon.rr (Tr. 3612).

38



The Time
not beli
aPPr-oPrL
t^t'e- do no
had the
eiven or
fieop1e b

naEure 'todoa
tion fr

(Mcltillan ' g

H. F. Reese ttr

of the Polici

soine of his r

3616). As a

Convention ' R

and all that-

made the whi

,l',,?'i "':-f i::{?i, : ::}?.: :::':: ti"T"!li:;l-:1.t, :i::'?l"nl3E"'
,:ili;;: -it" ir!i:: l*:ii?,tilr* ",forced uPon E

, the bayonetEi ' -"t'd-..t:: l'"'i;"-;ig.t-ir," bavonetl?;"i'".i""i ii- ttt" right-
elf Preservat'?l: :;:;-";a civiLLza-

:ti#.;:ll:io "?i'.[3'?"?lo 
oi-;h;- ea*h '

n^-,"tr'a"ur'; 

,' " ' 
49 ) (Tr' 3614-15) ' Represent-at-ive

flectIed) a good deal of the racial attltudes
AnA

lr;"tt:: ;':' Da,las countv at that time' And

!a1 views llere particularly extrelll€'rr (Tr'
--.ri anll

."at-." ;"t-delegate to the IgOl Constitutional

rese srood ,,squarely and fairry for whit:-:::." ""'

.;;;"t, t''u n" berieveldl thar- God Almightv

man to rule his country.,r (Tr' 3616-17)'

-39



VII. VOTI}IG DISCRI INATION IN ALABAI'IA: 1940 TO 19q6.

63. In 1944,

the "white primary"

To circumvent Smith

1ts Constituion in

could read and wri

and explain" any a

eligible to regist
Alabama Democratic

end securlng Passa

ment. In a letter
Committee, l"lcCorve

lTJhe sr
our Comm
that sin
crowing
Supremac
words tF
thar- it
Democrat
Iead the
of our P
the pr
and ende
Party ln

the United

in Smith

States Supreme Court invalidated

v. Allwright , 32L U.S. 649 (1944).

v. 4lIELi.gE, Alabarna amended Sectlon 18I of

946 to provide that only those persons who

, 8nd demonstrate an ability to "understand

icle of the United States Constitutlon were

to vote. Gessner l"lcCorvey, Chairman of the

ecutive Committee r^ras instrurnental ln spawning

of this amendment, known as the Boswell Anend-

the members of the State Democratic Executive

stated:

at maioritv of the members of
ttee fiave taken the Position
e the emblem of our Party is a
ooster with the words tWhite

' above the rooster, and the
r the Right' below the rooster,
I entirelY ProPer that- the State
c Executive' Coinmitcee should

Dav:le v. Schnell,

(three-Judge court

an overwhelming ma

"took the position

to fight for whlte

6upra, 8t 879.

64. The fed ra1 courts invalidated the Boswell Amendment,

h and Fifteenth Amendments uPon challengeunder the Fourte

by black cltizens
three-Judge court

rom llobt1e County ln @!g v. Schnell' The

ld that blacks who ettemPted to reglster to

vote tn Alabama e denled equal Protection under the Fourteenth

fight to maintain the traditions
rt, in this State bY adoPting
sed amendments to our Constitution
vorine...to make the Democratic
Alabaila the 'White Man'6 PartY. I

I F. Stpp. 872, 679 n. 9 (S.D. ALa. 1949),

, aff'd per curiam, 336 U.S. 933 (1949)' Indeed,

ortty of the Executive Cormnit,tee t s members

that we should be Militant Democrats and continue

Eupremacy in our State." lg11!g v' Schnell,

-40



Amendment, because t'

an article of the Un

requirement on white

standard, "understa

"naked and arbitrar

elector, in violat

According to the

phrase in an ambig

Supreme Court's dec

55. The Cour

"main object was to

co1or," in violatio

supra, 8t 880. The

Executive Committee

fight to enact the

Democratic Party i

879. ContemPorane

both suPPorted and

indicated that the

impossible for a tl

was cIearlY art'lcu

Court, bY camPaign

Over If Amendment

Vote Right" bY vot

referendurn. 19',
66. The St

tn @!g v. Schne

Alabama Constitut

that an aPPlicant

e board of Registrars required them to explain

ted States Constitution, but imposed no such

applicants. The Court' also f ound that- the

and explain," Bave votinB registrars the

power" t.o accePt oi .reject any Prospective

of the Fourteenth Amendrnent' Id" 8t 878'

t, the Legislature intentlonally draft'ed this

us manner for the purpose of "meeting" the

sion in Smlth v. Allwright' E'
also held that the Boswell Amendnenc'

restrict voting on the basis of race

s

T

of the Fifteenth Amendment' Pavis v'

Court noted that the State Democratic

an official arrn of the State' had led

oswell Amendment ln order to "make t'he

Alabama the 'white l'[an's Party'"' E'' at

s statements of prominent Alabamians ' who

posed adoption of the Boswell Arnendment''

amendrnent's single PurPose L'as t'o "ma}le it

Bro to qualify." This legislat'ive PurPose

atedtotheelectorate,accordingtothe
literature that warned, "Blacks WilI Take

ses" and urged voters

g for the amendment Ln

be

880.

responded promptly to this Court's decision

supra, by again amending Sect j'on 181 of the

ln December 1951. This amendment required

abletoreadandwriteenyert,tcleofthe

Schnell.,

the

to "Vote lJhite-

the Consti-tutional

t

e

41



questionnaire with

amended December 1

Registrars through

application form d

against qualified

violat.ion of the C

and the Fourteenth

County); United St

United States v. P

(l,lontgomery County

873 (l'{.D. AIa. (19

C.A. llo. 3200-63 (

C.A. No.63-509 (S

MaYton, 335 F.2d

Constitutional

whites received

Alabama, E11pra.,

Constitution of the

196I), aff'd 304 F

27I U.S.378 (L962

required black app

completing registr
applicants were ty

unassisted, while

assisted on the te

registrants lrere r

United States

t assistance.

and fill out a registration
AIa. Const. Art. 8, S181, as

when such literacy test.s vrere, 1951. Only

banned by the Uotla

Practice.

Rights Act did Alabarna discontinue this

67. Numerou federal courts have found that Boards of

t the State used the voter registration
inB the 1950's and 1960's to discrlminate

acks seeking to register to vote, in

iI Right.s Acts of 1957, 1960, and L964

nd Fif teenth Amendments. See , .9-g. ,

United States v. At ins, 323 F.2d 733 (5th Cir. 1963) (Dallas

es v. A1abqma, 192 F. Supp. 677 (M.D. AIa.

t

I

d 583 (5ttr Cir. L962), af f 'd per curiarn,

(State of Alabama and }lacon County);

qql , 2L2 F. Supp . 193 (i'1. D. AIa . 1962)

; United States v. Cartrgright, 230 F. StPp.

4> (E1more County); United States v. Tutweiler,

.D. Ala.) (Hale County); United States v. Hines,

D. AIa.) (Sumter County); $Ltgec|Staggg v.

3 (5th Cir. 1964). The Boards routinely

icants to read and write more lengthy

islons and meet higher eccuracy standards in

tion forms than white applicants. Black

ically required to take registration tests

hite applicants l^rere either exernpted from or

t. Furthermore, highly qualified black

jected, while unquallfied or less qualified

risht to vote. United States v. State of

F. Supp. 677; Unlted States v. Cartwright,

-42



supra, 230 F. SuPP.

procedure Produced a

of blacks and '*hites
68. As a dire

discrimination Pract

there was a marked

at the time of the

of November 1, 1964,

lation was register

white voting age Po

69. In addit

procedures, reS,istr

tactics t,o Prevent

State of Alabama, 1

Registrars also fal

had, in fact, been

failed to notifY bl

to reapplY. Id. Se

at 877. Such Pract

practice of racial
county registrars

State of Alabama,

70. Alabama

int.imidatlon and v

ln the 19th centur

right to register

100 (M. D. AIa. 196

Director of Public

County from lnterf
by black citizens,

73. This "double standard" registration

great disparity in the reLative pircentges

registered to vote Prior to 1965 '

t result of the Pervasive history of official

ced against the bLack citizenry of Alabama '

sparity in voter registration statistics

actment of the Voting Rights Act of 1 965 ' As

only 19.3"L of the 1960 black voting age PoPu-

to vote, as compared to 69.2% of the 1 960

lation. (PL. EX. 12, 8t 222-23)'

on to using discriminatory voter registration

rs in various countles used t'slowdown"

lacks fron registering. !nited States v'

2 F. SuPP . 677, 68I-82 (M'D' Ala' 1961) '

ed to notify black aPPlicants that' they

egistered to vot.e , i9. at' 680; and they

ck applicant.s of their rejection and need

also United States v. Cartwright, 230 F' SuPP'

ces constituted a "continuing pattern and

iscrimination" by the State of Alabama and

inst black citizens. United States v'

a, L92 F. SuPP. 8t 681'

f f icials al'so resorted t'o overt interf er€DC€ '

lence--tactlcs used by their predecessors

--to dissuade blacks from exercising their

d vote. In Ei!}!4 v' Wallace , 240 F' SuPP'

), the Court enjoined the Governor and

Safety of Alabama and the Sheriff of Dallas

ing with peaceful demonstrations and marches

who were protest'ing their disfranchisement'

43



See also, United St

filed Dec. 20, 196

27 white landowner

cumulative Pol1 t

discrimination. "

Supp . 95 , I00 (M.D

tn the 1901 Consti

political devices.

Senate debated ant.

passed a joint res

magnificant fight
which is calculate

rnethods of holdin

relations now exi

State officials c

as a preconditlon

Rights Act of 196

that the PoIl tax

Amendments

supra, 252 F. SuP

waE an "ilLegaL a

Amendment, tt and h

voters. The Cour

for discrlminator

administered as

Conetttutional C

State of Alabarna

to malntalntng

et I01.

tes V. Bruce, C.A. No. 3202-63

(Wilcox CountY) (intimidation

(S.D. Ala.,

of blacks bY

71. In 1966 a three-Judge court invalidated Alabama's

, "one of the last Breat pillars of racial

it.ed States v. State of Alabama, 252 F'

Ala. 1966). Alabarna adopted the po)'I tax

utlonasPartofthe,.packageofdiscriminatory
Ibid. In L942, when the United States

-po11 tax legislation, the Alabama Legislature

lution commending its Senators for "their

gainst the measure now pending in Congress

to destoY our PoII Tax Law, uPset our

elections and seriously affect the friendly

lng between the races." Id', at 102'

tinued to enforce Payment of the poll tax

o voting even after Passage of the Voting

which contained Congress' specific finding

iolates the Fourt.eenth and Fifteenth

rbid

72. The t in United Stalee v. State of Alabama'

. 95, held that the polI t'ax from its inception

lnvalid...atteopt to eubvert the Fifteenth

d the lntended effect of disfranchising black

also held that the poll tax was maintained

purPoses, concluding that it had been

rt of the sixty-five year history "from the

ntion of 19oI to the present, [wherein] the

as consist'ent1y devoted lts official resources

lte BuPremacy and a segregaced soclety.'' Il"

-44



proccesses to inti
vote); United States v. Dallas Countv Citizensr

(Citizens' Council sought to intirnidate and

gh newspaper advertisements and other means,

nterfering wlth their right to vote); and

United States V. D las County, l{o. 3064-63 (S.D. Ala. ) (int.imidation

of voter registrat
249 F. Supp. 720 (

n workers); United S!e!eS- v. Janes Clarke,

Comr:rittee of the mocratic Party of Dal'Iag Countv, Alabama , 254

F. Supp. 537 (S.D. AIa. 1966); Clarke v. Bovnton, 362 F.2d 992

(5th Cir. 1966) ; W lliams v. WaIlace, g-lg.; United States v.

Atkins, glry.; Re oLds v. Katzenbach, 10 Race Rel. Reptr. L674

discriminatory voting Pract.ices and procedures

ve in Dallas County as in any Part of Alabama.

ices ceased only when enjoined by the federal

es v. Hcleod, 385 F.2d 734 (5th Cir. 1967)

enforcement machinery, lncluding the grand

office, the proBecuEor I s office and the judicial

date blacks for the PurPose of interfering

.D. A1a. 1965); Un!ted States v. Executive

Dallas Countv v. Student Non-Violent

ce ReL. Reptr. 209 (1965). As recently as

nty Probat,e Judge--an ex-officio member of the

as enjoined by this Court., from refusing to

the ballot of the National Democratic Party

See lhlted States v. Dallas Countv, Alabama,

S.D. Ala.). ll
y discriminatory practlces by county officials

ed to the votinB area. In 1968, county

ined from discriminatlng in the selection of

Jurors. See Rees and United States vr PickerinE,, C.A. No.

73. Raciall

have been as pervas

Typically such prac

courts. United St-a

(misuse of St,ate Ia

Jury, the sheriff's

with their right to

Council, (S.D. AIa.

coerce Negroes, thr

for the purpose of

(C .A. llo. 39 23-65)

Coord. Comm., 10 R

L974, the DalLas

county commission-

list candidates on

of Alabama (NDPA).

C.A. No. 74-459-H

74. Racial

have not been limi
officials were enj

*l At that tlme,
lnoPa) was the on
by blacks, and t
NDPA candidat.es

Democratlc PartY of Alabana
DertY organized and administered
'p"rions-wtro eought election as

he Natlonal
politlcal

mlJorlty of
'e black.

-45



3839-55 (S.D. Ala.) l,loreover, pub11c schools ln DaLl.as

Count.y remaine d se egated unt-i1 a three-judge federal court

on of a desegreBation plan in 1970. Lee v.ordered implementat

Dallas County Board of Education, 456 F. SuPP. 1164 (S.D. AIa.

1978) (C.A. No. 594

found that the dese

effective" (456 f.

SchooL Board has br

1970 desegregation

attendance zones[.]

Dallas County Scho

the Sinsleton Ifac
DaIlas County toda

(Tr. 1081-83).

-70-H) . As recent.Ly as 1978, this Court

regation plan "has not really been fully
upp. et 1173) and "that the Dallas County

ached its affirmative duty to enforce the

Ian by not strictly enforcing the geographical

' (Ibid). This Court also found that the

Board "has completely failed to effectuate

ty desegregationl policies" (&., at 1174).

is sti1l very much a racially segregated society.

46



VIII. THE UNRESPONS VENESS AND INSENSITIVITY OF THE DALI.AS

75. There is

Commission has been

and i-nterests of th

black leaders testi
This unresponsivene

the County Commissi

areas of road maint

to conrnittees and b

population), and co

A. Road Maintenanc

76. To main

dent for each resi

all of the road sup

district also emplo

(Tr. 2106). The co

maintenance for the

all-white st.af f .

discussion at trial
private roads (wit

that some roads LIe

officials to be Pr

tt"i gga road can

to do Bo. (Tr. 2L

77. ttThe e

corporated communl

and across the Ala

substantial evidence that the Dallas County

unresponsive and insensitive to the needs

county's black cominunity. Repeated ly ,

ied to the countyts unresponsiveness.

s and insensitivity can be seen by exanining

ns performance, or lack thereof, ln the

nance , the county's appointment of blacks

ard's (including the county's olrn employnent-

ty official's record keeping policies.

rrr, to"Ur, the county employs a road suPerinten-

ncy district. (Tr. 2106). At the tir,re of trial
rintendents were white. (I!&) . Each residency

s a road foreman, al-I- of whom are white.

ty engineer's offlce, which oversees road

Dallas County Commission, also has an

E. 2107). Although there was considerable

over the difference between public and

the County aPParently taking the position

unpaved because t.hey were deemed by county

ate), the Dallas County Engineer conceded

paved by the county if lt has the funds

-14).

a known as Selmont is a loosely knit, unin-

ln Dallas County,...Just south of Selma

ma River.t' Selmont Improvement Association v.

Dal1as County Conm ssion, 339 F. SuPP. 477, 478 (S.D. Ala.

(1972)). The Se1 t area is divlded tnto four residential

ereas, three of wh ch are predominancly black. (I!it|).

47



In 1970, over 100 b

to one of the Dalla

county pave the 12.

black secLions of S

filed and recorded

it. (Ibid). Becau

erea of Selmont had

"[iJt would not be

than it was to pave

residents from Sel

racial discriminati
Dallas County Commi

discrimination agai

at 481). The Court

of the whit.e and bI
(Id. ). The Da1las

to plan, appropriat

residential areas o

leader from the Sel

the Dallas County C

1972 court order.

78. The S

example. Numerous

to the poor road co

€.p., Tr. 171-81 ; 8

ack residents of Selmont presented a petition
County commissioners requestlng that the

miles of unpaved at.reets in the predominanr_ly

lmont. (Id., 8t 479). The County Conrnission

he petitj.on, but took no other action on

e the Etreets in the white residential
been paved with county funds, and because

re difficult to pave the Negro streets
the whit-e streets[, ]" (jjl., at 480), black

nt filed suit in federaL court claiming

n. In 1972, this Court found that the

sion had engaged in unconstitutional
st the black residents of Selmont. (Id.,
found that "the disparities ln the paving

ck areas of Selmont [ ]" was unjustified.
ounty Commission was enjoined from failing
funds and construct Btreets in the black

Selmont. (E. , at 481-482). One black

nt community testified that, to this d"y,

ission has failed to comply with the

E. 484-86).

lrnont lncident Ls not an isolated

rsons from all over Dallas County testified
ditlons affectlng their communities.

0-07 3 871 -77; 9 I 3-1 4) .

(See ,

48



Invariably, the Da11

unpaved roads dispro

(Ibid; and Tr. 913-2

menber of the Selua-

that the road condit
ttare poor. rr (Tr. 8

a dirt road with a b

to Davis, bushes gro

of drivers to the po

(Tr. 808). Davis re

curve Eo the Dallas

s County Commission's failure to naintain

ortlonately inpacted on black residents.

). :l For example, J. C. Davis. Sr., a

11as County Leadership Council, teBtlfled
ons for black families in the Sardis area

). ::/ He cited one example ln Sardis of

d curve tn lt. (Tr. 807-08). According

ing out at the curve obstructed the views

nt "that you couldntE Bee around it."

orted the poor road condition and bad

unty Commlsslon. Davis testified that the

* / !1rs. Ethe1 Lena
-predominantly black
poor road conditions
community. (Tr. 913)
unpaved (Tr. 923), h
(Tr. 923), end " IwJh
Eometimes lt is unpa
there ls a dangerous
unpassable ln a heav

ixon, a black cttizen who resldes in a
rea south of Five Polnts, testlfied that
are the oost pressing problen ln her

The road leadine to her residence isI'ne roao leaornB Eo ner resroence rs
Ewo white and 11 black families on it

echool bus travel.s that road every

n we have a blg rain, lt washes out and
sable. " (Tr. 914) . According to l'1rs. Dixon ,

one-Lray brldge on that road that becomes
raln. tlrB. Dixon has repeatedly asked

misslon for help ln connectlon with the
25-26, 928-29) , but at the tlne of
lnued to be a danger for the resldents
lxon said that the bridge 1s esPeclally

the Dallas County Co
bridge (Tr. 914-16,
trial the brldge con
of that area. I'lrs.
dangerous eince "It]
day. " (Tr . 929) .

*r, I Sardis is e I
hElf of Dallas Coun
resident for over 4
were about eix hund
about 15 or 20 whic

1 rural conmuniEy
. (Tr. 803-05).
years (Tr. 795),
d black pereons
. (Tr. 830).

located ln the eastern
1,1r. Davis, a Sardis

estlnated that there
llvlng in Sardis and

-49



county was responsl

Davis warned the

(Tr. 809). A year

the County to cut b

County finally d1d

the County cut back

the curve. (Tr. 8

79. Anoth

and lnsensitivity t
place in 1976-7. C

black Sardis conmun

he went to County C

County could "suppo

rural colDmunlty. . .

to Hobbs, Ehere was

rural, pr€dominantl

people and houses

Subsequently, Hobbs

Judge, and Hobbs wa

Center. (Tr. 850-85

artry surplus truck

he

e for roaintaining the road. (Tr. 808-09). ll
ty Commission that the road was dangerous

ter, af ter a second request lras rnade of

k the trees et the curve (Tr. 808), the

(Tr. 810). Unfortunate).y, b) the tine

bushes, "trdo wrecks" had occurred at

example of the County'B unreBPonslveness

black cltizens of Dallas County took

ophus Hobbs, who resldes ln the overwhelningly

ty (Tr. 846), testlfied that ln Late L976,

issioner Andrew Calhoun to ask if the

or sponsor a fire department ln the

the answer was 'no. r" (Tr. 850). According

need for fire protection services in

black Sardis, because "we Iwere] losing

d people's valuabLes. . . . " (Tr. 851) .

net with the then newly eLected Probate

referred to the Alabama State Forestry

). In t'tarch L977, Hobbs eecured an oLd

rotr the Forestry Center. (Tr. 852). The

t
d

a

* I Davis reportedl
Eou1dn't travel the
ln that road that n lt ralned, the famllies couldn't get

told the County Connisslon that people
road t'beceuse there were three deep holes

out or tn." (Tr. 8
fanlltes llve on th
There ere no cotrpar
unpaved roads in Da
reslde.

9). ApproximatelY thirteen black
e-pooriy ualntalned dlrt road. (TT . 7.99 -80)
bfir examples of euch poorly qai!!?ined
las County where only white fanilies

-50



truck had a faulty

for repair. (Tr. I
Sardis Broup that i
the County would ma

But when the truck

May 1977, for the p
County had failed t
Later, in JuIy L977

County failed to su

A month later, the

punps, hoses and ot

1977-78, with the f
housed at a residen

directed one of its

truck for the Count

failed to ask permi

in the act of tak

did not want "to gi

t,he county employee

out "flooded black

as permitted to t
udge was informed

\^,

J

ransrnission and had to be towed into Selma

2). ll The County Commission told the

they got the truck to t-he county garage,

ntain the truck for them. (Tr. 854-56).

as delivered to the Sardis cornmunity in

rposes of having a fire demonstration, the

mount water tanks on it. (Tr. 856). **l

tanks Lrere mounted on t.he truck, but the

ply hoses and equiprnent for the tanks . (Tr. 857 )

ounty Commission appropriat-ed $f000 to buy

er neces sary equiprnent- . (Tr. 857 ) . In

re truck finally in working condition and

e in Sardis, the Dal1as County Commission

ernployees to go out to Sardis and take the

'B own use. (Tr. 860-61 ) . The county ernployee

sion of the Sardis community, and when caught

the truck, the employee "became hostile" and

e ... an explanation." (Tr. 860). Eventually,

stated that the truck was needed to pump

eighborhoods" (Tr. 892) in Selmont, and he

e the truck. (Tr. 862). Wtren the Probate

t the incident, he acknowledged that the

* I The truck was an
853). The state pr

oId 2 Llz ton Army "troop" truck. (Tr.
mised to get the truck for the Sardis
s the communit-y that- \ras responslble for
. (Tr. 852). In the first three years
p had the truck, there were "constant
]." (Tr. 858). "we lost a couple of
L979] because the truck was ln the garage.

uck but not the equipment to fight the

community, but tt
upkeep and eguipmen
that the Sardis Brc
mechanical problemI
places this EuITmer
(rbld ) .
**l "[W]e had the
Ere." (Tr. 856) .

51



truck was the proPer

(Tr. 863). He added

in a dif ferenc raY."

County returned the

were broken (Tr. 864

County for rePair,

(Tr. 855). When a P

repaired truck, "Ehe

garage." (Id.).

repalrs. (Iq. ) .

80. There

dlsparity in road c

discrinination. Nor

problem of PoorlY tna

problem for black ci

District of Dallas

"The black are Poor.

and none of the whi

such e condition.tt

oain roads (such as

to llve on euch roa

predominate the PoP

county roads genera

* I The Sardis corrln

Aga

EouLd not PuroP wale
the CountY, e Sardt
Droc.ram was echedul
lssEubled for a cla
claee how to uee th
rrater. rr (Tr. 864) .

of the Sardis community, not the County

tha t
(Tr.

ruck
*l.l

ere lt stayed for about a monEh.

rson from Sardis wen! to Plck uP the

truck broke down about one block frorn the

n the truck was brought back for further

en be no doubt thaE the Present racial

ditions is a vestige of Past racial

can there be any question but that the

ntained unPaved roads ls a sPecial

izens. For example, blacks ln the West

unty have special needs. (Tr. L323-24)'

.end living ln Poor conditlon houses,

ts I ln that l,lest District live hardly in

. L324). Blacks tend to live off of the

all and bus routes), whereas whites tend

. (Tr . L324-25) . Consequently, blacks

latlon along the unpaved roads and those

ly ere ln poorer condition. (Tr' 1325)'

lty diecovered lnadvertently qhSt the truck
. 'Wh"t the truck was returned bY

the employee "should have handled 1t

862). 1\ro weeks later, when the

to the Sardis communltY, the PumPs

The truck was then taken back to t'he

volunteer firefighter's education
and 20 to 25 fireflghters were

B. A ftre was Ilt to denonstrete to-iire truck, but "[1Jt wouldn't punp
the

52



B. ointments by the 11as Countv Corrmission.

81. Notwithstand ng several opportunit-les to appoint a black

on the Da1las County Conrmission, the

Iy failed and refused to do so. In L974,

ndidate Rev. Fairib Brown lost to white

, 7,000 votes to 5,005 votes (Tr. 437-38).

office, Commissioner Neighbors died.

(Ibj-d). The black c ity prompt.ly mount-ed a signature drive to

have Rev. Brown, the se highest vote-getter, appointed to the

County Commission. Ib ItBetter than 1300 signatures vrere collected"

o the County Commission. But the County

petitlon (Tr. 486-88) and appointed a white

o f ilI the vacancy */ (Tr. 438). The Count-Y

ppoint Rev. Brown to the Commission cannol--

nds that Rev. Brown was a newcomer to Dallas

uisite qualifications to be on the Commission.

aduate (Tr. 431), had been politically active

965 (Tr. 432), and had previously shown his

rs by seeking county-wide offices on two

By contrast, the whlte Person appointed by

he vacancy occurring as a result of

. Calhoun, had only a high school education

even seek the vacant position on the Conrmission.

testified that he was 6urPrised when he

person to fill a vacanc

Conmission has consiste

black County Commission

candidate Bi1ly Neighbo

Within weeks after taki

(Tr. 437) and presented

Comnission "ignored" th

person, Andrew Calhoun,

Cornmission's failure to

be justified on the gro

County or Lacked the re

Rev. Brown, a college I
in Dallas County since

interest in county affa

occaslons. (Tr . 432).

the Commission to fill
!.1r. Neighbors' death, l'1

(Tr. 2301), end did not

(Tr. 2303). **I CaLhou

rras appointed . (Ibid ) .

ll The County Comrnlssi
vacancy, all of whom we
Dallas County Commisst
Rev. Brown for the vaca
he was "proposed by the
13A, p. 151). The Asso
fully eued the County
ln the paving of roads

#l Upon the explratlo
l[-or relelection in 1978
run for county conrmissi
elective office for nln

mLnutes, the Commission did not consider
cy on Lts own tnttiative, but rether because
Sllmont Improvement Associetlon."- (PL. Ex.
iatlon uas- the organization that had Euccess-

isston tn 1971 Elaiming raclal discrimination
the Selmont erea. See pp. 47-48, !-lLPE9..

of his appointed telm, Mr. Calhoun ran
and lost.-- (Tr. 2303). Calhoun had

ln 1956, but dld not eeek or hold
years thereafter, until hts appointment

ln L975. (Tr. 2301-03)

53



82. Later,

County Conmiss ion

names of two quali

for consideration.

nominees Lrere not

The County instead

(PL. EX. 14 (Tr. 4

interested" in the

83. A list
County Commission

demonstrates that,
excluded black cit
affairs of the c

Da1las County Comm

connnittees; at bes

Commission's appoi

reflect a racial d

period, approximat

20 blacks. (PL. EX

n L977, enot-her vacancy occurred on the Dallas

d again the black community Buggested the

ed black citizens to the County Commission

(Tr. 488-92). Once again, the black community's

riously considered by defendants. (Tr. 488-92).

elected a whlte person to f111 the vacancy

), lt a person who admitted "he lras not

osition. (Tr. 49L).

f the appointments to committees by the Dallas

threen 1954 and L977 (PL. EX. 14) also

er time, the Dallas County Conrmission has

ens from partlcipating ln the governmental

ty. From 1954 to 197I, for exarnple, the

ssion appointed over 80 persons to various

, only one hras black. **/ The Dallas County

tment record frorn 1971 to 1977 continues to

parity among appointees. **x / In that

y 66 whit-es were appointed and only about

14). ****/

the brother of the incumbent commissioner1l The eeLectee w
who had died in of
riras attemPting to
policy to appointPoIrcy E,o ePPoLn
vacancy on the C ission caused by the death of a commissioner.
Just tr.ro years ear
vacancy of William
William Neighbors

* I PL. EX. 14 ls
ffiere ere a few of
identified (or 1s
no preclee number
from that exhibit,
*** I The ltsr of
6lffictal minutes o
According to those

I.- (PL. EX. L4, at p. 8).

t these figures are reliable and accurate.

uas appointed to t,
testlfied that he
Airport Authorlty,
The County offered

tttt/ rhe 20 or 8
In-Pt. Ex. 14 1s a
(e.g., County Recr
and Planned Uee of
to the llvtng cond
boards or comnltte
495-97>. As one b
two of them [unlmp

ice and whose vecancy the County Conrmission
i11. (Tr. 491). It was not the Countyrs
relative of the deceased when filling a

ier, ln selecting Andrew Calhoun to fill the
Nelghbors, the County considered but rejected

e chart of the narned appointees by race.
the named appointees whose race is not
tsted as uncertain) ln PL. EX. 14. Hence,
f the appointees by race can be obtained

pointees ln PL. EX. 14 was obtained from the
the DalLas County Commission. (PL. EX. 15).
Lnutes of defendant, Edwin Moss (a black)

exllanatlon for this dlscrepancy.

e Cralg Airport Authorlty. l'1r. Moss, however,
as appointed by the Clty of Selma t,o the
not by the County Commlsston. (Tr. 685).

blacks appolnted to committees as set out
mlsleading figure, lnasmuch es those cornmittees
atlon goaid, Fensions and Securities (uelfare),
Federal Funds Commtttee) are not es important
tl,one of the people of the County es other
I to whtch bllcks ere not appotnted. (Tr.
ack leader (Samson Crum) testtfled: "I'm on
rtent comnltteeel end I don't ree where they
1.tt (Tr. 495) .are ,.mportant rt

-54



c. Unres
the

office !/ maintained se

for blacks and uhites.

applied for a marriage

of the Dallas County Li
separate license books

fact, the Probate Judge

admitted there hras neve

couple had been furnish

It was only after the b

marriage license books

separate registration
(Tr. 3037 ) .

85. In the offi
are many large books co

red colors . (Tr. 3039 )

books, which are stacke

Probate Judge, have big

visibly on the binder o

of the public who vlsit
"colored books." (Tr.

-who administers the License Department--

any such a requirement and that the black

d erroneous information. (Tr. 3039). **l

ack couple complained about the segregated

o the Probat-e Judge that the policy of

ks for whites and blacks was eliminat.ed.

e of the Dallas County Probate Judge, there

taining wills and licenses bound in bright

The bright red binders on these record

against the waII in the office of the

gold letters and the word "colored" aPPears

the books. (Tr. 3040). ***/ Any member

the Probate Judge's office sees these

040).

84. Until Dece r 1980, the Dallas County Probate Judge's

nsiveness an Ins ens i t ivi t in Record Kee IN

arat-e marriage license registration books

(Tr. 3036-37). In December 1980, a black couple

icense and was told by a white employee

ense Department thar- star-e Law required

or whites and blacks. (Tr. 3038-39). In

ll The Probate Judge is
eonrnission. (Tr. 3030)
.the Probate Judge's of
There are four persons
all of whom are white.
**l l{hen it was brought
ffie County employee had

ex-offlclo
There are

c€, all of
loyed tn(tr. 3034) .

to the Probate Judge's ettention that
supplied the black couple with i-ncorrect
action whatsoever. (Tr. 3039).

olored" contain records maintained separately

Chairman of the Dallas County
four full-time employees in

whom are white. (Tr. 3033).
the county commission office,

tnformation, he took n
***/ The books marked
f6? ulact persons. . 3040).

55



85. The Pro

update file which I
race. Alchough Ehe

cornputer Lzed voEer

cateBories of "colo
f1Ie deslgnates bla

with an act,ual copy

te Judge's offlce also Daintalns a voter
sts the number of registered voters by

Probate Judge lnltlally denled rhar the

pdate flle broke down voters lnto the

ed" and "whlte", he conceded that the

k voters as "co1ored" when preeented

of the flle. (pL. Ex. 100) (Tr. 3042-44).

56-



IX.

87. The sheer

more difficult for bla

depressed soclo-eco

(Tr. 407). The record

which for years was a

dation took place (Tr.

can register to vote.

testified that the cou

left over frorn the fea

401). */ Perhaps the

citizens continue to p

symbol of racial discr

black attorney frorn Se

I can reme
steps of thi
in the rain,
County Court
And we \^rere
were trying
black teache

ll Upon Passage of th
examiners Lrere sent to
eligible voters. Most
vote in Dallas County
Rights Act registered
with the Dallas County
400). According to }la
black voter registrati
left DaIIas County, tt
citlzens to go to the
Ithe federal examiners
to go to Bet registere
had eomething, I don't
left over from the fea
(Tr . 401) .

VOTER REG]STMTIO PROBLEMS.

ographic size of Dallas County has made ir-

citizens--who cont.inue to suffer from

conditions--to register to vote.

hows that the Dallas County courthouse--

ace where overt racism and physical. intimi-

123-24, 400-02)--is the only place where citizens

peatedly, black leaders in Dallas County

thouse continues to have a "stigma that was

that uas planted in [blacks]...." (Tr.

est explanation of how and why many black

rceive the Da1las County courthouse as a

ination was provided by J. L. Chestnut-, 3

r about 1965 standing on the
building and I think a MondaY

looking across the street to the
ouse with Martin Luther King.
ooking at black children who
o get their black Parents, their
s t,o 6tand up and be men and

Voting Rights Act in 1965, federal.
Dallas-County to establlsh lists of
of the black citizens who registered to
hortly after enactment. of the- Voting
th the federal examiner, rather than

Board of Voter Registration. (Tr.
ie Foster, a long-time actlvist in

was still dtfficult to persuade black
ourthouse and register: " [WJhen ttr"y
Ieft, then you only had -the courthouse
and, of couise, a lot of PeoPIe jusc

know, like a horror or stigma that wes
thai was planted in them, Iou knovl."

efforts, when the federal examiners

57



lromen. And th
princlpals wer
be Negroes.
in his eyes.
rnorning that h
is part of wh
others call a
sPathy. It I
deeply engrai
from a buildi
tell them that
business, and
because Congr
deep psycholo
a problem of

Itisane
that whites c
as blacks to
should have n
me saying tha
yard dash and
on my back
the race is
50 yards; it
blacks will f
and register.

MY childre
than mY fathe

(Tr. 1064-65).

88. Because bla

courthouse" (Tr. 402)--

Jim Clarke had engaged

racisn in the 1960's--t

would have enhanced bla

the registration of vot

black teachers, parents and
trying to Bet the children to

rtin Luther King, Jr., had tears
learned 6omething there that

s been with me ever since. That
the Selma Times Journal and

thy. lr is far deeper than
s back generations. It is
d. You cannot bar peoPle aw?Y
for Benerations and You can't

politics is the other man's
e, expect to erase that overni'ght,
s passes some Iaw. There ls a
that has to be dealt wit.h and

ucation.

some task. SomebodY said to me

s.o to the courthouse as easilY
t-registered, therefore, lheY
compl.aints. That is similar !9
if jro., and I were to run the 50

you weigh me down with 50 Pounds
you have nothing, and You EaY

ual because we both have to run
s going to take some time when
el-freE to go into that courthouse

have a Iot less of that in thern
has. But it is a gradual Process '

k citizens "had a fear of going to the

ere the notorious Dallas County Sheriff

n widespread PhysicaL intimldation and

e appointment of Deputy Regi-strars

k political ParticiPation by permitting

rs at sit.es throughout the county'

58



(Tr. 402). *l As recent

Berve without p8y as De

Board of Reglstrars refu

Tr. 1065-66). Thie refu

State's policy favoring

EK. A-104) . In a l.tay 6,

Jaoe6 wrote:

It has coloe
ln this Btate
with their cou
caBes, because
Etanding of th
not epppointed

Therefore,
ind lvi dua I ly
citizens who a
in keeping wi
law. By appoi
be helping uan
the hlgh cost
oaking registr
part i cularly ,
and on a volun

To ensure t
to register an
your working h
then and holdl
P1ease know th
out this Patrl
peopl.e of Alab

(PL. EX. A-104).

as L978, black cltizens volunteered to

y Registrars, but the then all-whlce
d to appolnt them... (Tr. 410-11,

1 by the Board was'at odds with the

e appolntnent of Deputy Registrars (PL.

980 nemorandum, Alabana Governor Fob

o Ey attention that many citizens
ve applied for Deputy RegiEtrars

ty Boards of Registrars. In solDe
t confusion and the lack of under-
intent of the law, aome boards have
11gtble perBons as Deputy Regi6trars.

am calling on board members
d colLectively to appolnt those
p1y to becone Deputy Registrars,
the eplrit and intent of the

ting Deputy Registrars, Iou will
cltlzene of this Btate to fight

f gasollne and lnflation, by
tlon rDore accessible to aI1,;
ince Deputy Registrars serve free
ary basis.

at the working people have a chance
vote, I atr asking that you revise

urB, where appropriate, by staggering
g Botre Saturday and evenlng sessions.
t I an countlng on You to carry
ttc corDrDttnent on behalf of the

the Dallas County Board of Registrars
rsong: Colonel Joseph Blbb, Ruth Horne,
eI Blbb dled ln 1980 and was 85 Years
eth. (Tr. 3220). Rlchard Elder, who
Board of Registrare, ls about 83 years

E 65 years oLd, flret eerved on the
gletrlrs ln the 1950's (Tr. 319I).

* I At the tlne of trial
Fas cooprlsed of three p
and Richard Elder. Colo
old at the tlne of hle d
contlnues to Serve on th
old, and I'18. Horne, who
Dallae County Board of R

Accordlng to vote
treatrDent of blacks at t
slnce the Votlng Rlghts
8t111 encountered by bla
(Tr. 402-09). Blacks ln
been treated klndly (Tr.
would eonetines ttfuBB"
(Tr. 408-09).

registratlon actlvlst l'larie Foster,
e county courthouse has lnProved
t of L965, but dtfftcultles ere

ks who attetrPt to reglster to vote.
Botre cases report that they have not
408), and the now deceaeed Colonel Bibb
d t'hoIler" at prospectlve black voters.

59



89. Because mo

transportation (Tr. 1316)

uould have inProved the

in the political Process,

appointment of dePutY re

have been consldered ext

black leader cuggested

registrars out lnto the

Dallas CountY offlcials I

keep [blacksJ fron becon

90. The tiues fo

lirnitatlon, as evidenced

the disadvantage of blac

UntiI 1978, State law Pr

place no trore than 67 da

on voter registration i

addirion, the hours for

to those who work but a

when Colonel Bibb was s

voterE have found the

between l'2 :00 noon and

apply to ProsPectlve wh

that black cltlzens are

share of the voting age

votlng age ere listed a

the llnited houre bear

* I One lncldent descrt
Earle Foster--a 60-YearHarle Foster--a 60-Yea
of Reeletrers ures clos
tt sh6uld have been oP
Colonel Blbb and l'[r.
called fron horne to
reglster the aPPllcant

t black peopl'e ln ruraL Dallas County lack

the aPPolntment of deputy votlng regl6trars

portunities for black Persons to Participate

(Tr. 412-L3; 919; and 1066)' The

BtrarE, 6erving without Pay, could hardly

vegant or unreasonable. In fact, one

at it would be perfectly loglcal to eend

ounty to register black cltizens, stnce

took exEraordinary BtePs for years to

ng reglstered. ..." (Tr. 1066) '

voter registration are llnited, and this

by the statlstics, has also worked to

citizens. (PL. EX. A-104) (Tr' 137-40)'

vided that voter reglstration could take

s a year. (Tr.3237). Today, the ltmitation

presently I20 daYs a Year. (fb:!1|)' In

ter registration l/ also are inconvenient

not registered to vote. For example,

rvlng on the Board' EoIIle ProsPectlve black

ter reglstration office closed for lunch

:00 p.m.. Whlle the hours for voter reglstration

te and black voters allke, the fact

not registered ProPortionate to their

populatlon (whlle 103% of the whltes of

reglstered) would Eeem to sugBest that

re heavlly on blacks than on whites '

Thus, although the aPPo ntuent of deputy reglstrars would have

d by bl'ack votlns,Iegt::5?ti?l
i"rflf""i ot Selna-(Tr. 291)-:Ihe
et 3:00 P.tD. on a day (!1"Y 2L,et 3 : O0 P.lD. on a saY \r-16, LL' '.--(it. +bol . -Qn t\": d"L: !!"

"r ,ir" both 111 and l'ls. Horne was-do*t-to-the county courthouse and
(Tr. 405).

-60

activi s t
Board

r97e)
elderly



I

I

I

I

e voter registraltion more accessible for black citizens

. 412-13) , ana nft*ithst-anding a State policy favoring

appointment of 
[Oenuty 

Registrars, the all-white Board of

is trars steadf asltlf refused to do so . (Tr. 4L4). The

ediments nlaced 
[i.n 

the path of free and open voter registration

cedures have hadl an adverse racial impact on black voters.

of 1980, blacks lcomprised 49 .8% of those Persons eligible

register to votl, but blacks were only 44.8% of the

isrered ,o."rr. 

| 

(PL. Ex. A-101).

I

I

I

I

I

I

I

I

I

I

I

I

I

| -Gr

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

mad

(Tr

the

Reg

imP

Pro

As

to

reg



x. TIIE EXISTE}ICE OF RA

91. RaciaLly po

in those election conte

testlfied to the existe

The United States calIe

electi,on returns and fo

betlreen the race of the

voted for those candida

in every election conte

opposed by whites, the

than in those races whe

1579-80). Both Dr. Cot

IALLY POI.ARIZED VOTING AIID THE

arized voting has occurred in Dallas County

ts where bl.ack candidates have been opposed

by white candidates. . 1574-82, 1775-81) (PL. EX. 47). ll
Both the plaintiff Unit d States of America and the defendant

called expert witnesses at trial, who

ce of racially polarized votlng. (Ibid).
Dallas County Commissi

Dr. Charles Cotrell, **/ who analyzed

nd a statistically significant correlation

candidates and the race of the voters who

€s. (Tr. 1579-80). According to Dr. Cotrell

t (except one) where black candidates ryrere

acial polarization index ***/ was higher

e there were only white candidates. (Tr.

ell and defendantsr expert Dr. James

lt The official electio
general election contes

returns for primary, runoff and
s from L964 to the time of trial are

contained in PL. EX. 1.

**/ Dr. Cotrell was rec
Ti the field of politic
areas of eLection syst
voting. " (Tr. 1561 ) .

s, race dilution ind racial bloc t 1

nized by the Court "as an exPert
science wlth emphasis on the

is curriculum vita is PL. EX. L40.

tlon index ls calculat-ed by analyzing
candidates in predominantly black and

incts. (Tr. 1576). If, ln an
a white and a black candidate, "the
smaller Percentage of the vote to
predominlntly blick registered

percentage 95 the vote.!o-P13:L,

***/ The racial polariz
EEE voce totais tast fo
predominantly white Pre
electlon contest betwee
white precincts giv[eJ
black candidates and t
precLncts gtving a high
candidates, w€ would ha
(Tr. 1576).

an tndex that would be higher.

62



Voyles agreed that ln tho

(1.e. where a black candi

was a significant EtatiEt

voters and the race of th

As Dr. VoYIes' teBtified:

t{hat You could
races with black
e correlation fig
you coEPare race

(Tr. 1781).

92, Ln t,his cont

election eYstem used to

Comnlssion has the effec

holding offic€." (Tr. I

candidates have been abl

voters, theY have been u

white voters. (Tr. 1580

*l A racial polarlzatlo
6tattsticallY eignlflca
Di. 

-vovles' LnaIYsls of
candldlces had black oP
polarlzation 8core8: '
'. Sa+ ana .803. (Tr. 17
tion lndices ere evlden
polar Lzed votlng ln ele
candldates.
** I In electlon contest
Di. Cotrell, the averag
1n preclncts over 701 w

The' average whlte EuPPo
over 7OZ whtte has been
and (PL. D(. 47).

e races involving black and whlte candidates

ate opposed a white candidate), there

cal correlation between the race of the

candidates. (Tr. I78I , L579-80)' :l

ay from mY analYsis of the
airOidates is that t.here is
e that ls significant when
th vottng.

xt of racially polarized voting, the at-large

lect the nembers of the Dal'Ias County

of "bas ically excl'ud I ing ] blacks f rom

?, 1583-84). While viable black

to secure the solid suPPort of black

ble to obtain any sizeable suPPort among

.yl lloreover, the roajoritY vote

lndex or acore above .5 ts considered
t:'--(it. L77g). D-ef endanEs' expert
.i""irot, contests wher-e-yhlle , - a

iiti""- tevealed the following raclal

!t liii' .*ii",:' gl,Ii?t:l"l"l:l l:iir
tlon contegtB betwEen black and white

over a Een-year perlod- studi^g{ by
whtte euppoit foi blac\ c.andidates

ri"-[.t-blbn only L27 of the votes cest'
[-toi-rt tt" candidates ln-precllgls
ggi-of ifie votes cast' (Tr' 1580)

6-,-'.i 3: .10 , .? ?5; .7L ; i6?7-{ -:J 99 '

-63



re$uirsrngnl exacerbates

system by forcing a run

who receive the most vo

of the votes cast, are

with a \^rhite candidate.

ment, ln the context of

polarized votirg, Permi

conclusively between

white [. J" (Tr. 1584).

between black candidate

black candidate has eve

93. The eocio-

County 1s depressed.

per annum; for blacks

More than 607, of the b

income below a Poverty

families had lncomes b

There are over 3000 ad

and 87.3% of those Per

,less formal education

economic Etatus of bIa

effects of past discri
effect of lowerlng the

citizens of Da1Ias

*l The Democratlc prt
[o1ltlcal office [.J"
* I United States Dep
T9Zo Census of Populat
Characterietlcs, PC(1)
Judiclal nottce of the

the adverse racial effect of the at-large

off in primary elections. */ Black candidates

es in the first primary, but not a majority

orced lnto a head-to-head contest (a run-off)
(Tr. 1583-84). The majority-vote require-

an at-large electoral Eystem and racially

I t'the election dispute to be Eettled

people, one of whom is black and one is

In such head-to-head ar--1arge cont-ests

and whlte candidates in Dallas County, Do

prevailed.

ic status of black cit-izens in Dallas

e median family lncome for whites is $5828

t is only $3066 Per ennum. (Tr. 1587).

ck families in the county had an annual

leve1 income and nearly half of the black

low three-fourths of the poverty leve1 . yl

lts in Dallas County who are lIllterate,

ons are black. (IE). Blacks have comPleted

han whites. (Id.) The depressed socio-

ks results ln part from the lingering

ination. This conditlon has the predictable

politlcal partlclpatlon level among black

ty. (Tr. 1588-90).

ary ln Dallas County ls the "pathway to
(Tr. 1583).

rtment of Commerce, Bureau of the Census,
on, General Soclal and Economtc
C2 Alabama, P. 400. The Court takes
census pursuant to Rule 201, F.R.E"

64



94. There ar

that lupair the abil
their choice to coun

are not lnvited to a

as their white count

3046-50). Consequen

opportunity to nake

their views, and the

tn white connunltles

and tenslon amonB wh

is not surprislng th
Dallas County ehows

poorly ln the whlte

racial bloc voting b

ltself a product of

of Dallas County (93

Alabana, */ To the

whlch dlscrlnlnate a

of whites as well as

would be affecEed.

*l tlnlted States Dep
General Socla1 and
Alabaroa , pp. 160 , 38

of Conmerce, Bureau of the Census,
Characterlstlcs, Report PC(I) -Cz

other preBent effect of past discrtmlnation

tles of bLack voters to elect candidates of
y-wide off iee. For exarnple, black candidates

dress all-wh1te clvlc organlzatlons and clubs

rparts are permicted to do. (Tr. 1075; and

ly, black candidates do not have an equal

ppearances ln the whlte connunity to express

eby attract whtte votes. Blacks caopalgnlng

testifled that they Btll.l confront hostility
tes. (Tr. 1 35-35; 625-32; 753; I 3l 5- I 6) . It

that en exatrlnation of electton returns in
oncLustvely thaE bLack candtdates do very

reclncts. (PL. EX. 1, PL. EX. 47). This

white voters against bLack candidates ls

ast discrlnlnatlon. Orer 80% of the residents

of the blaeks) were born ln the State of

xtent that offictal policies of the State

alnst blacks have had an effect on the attltudes

blacks, vtrtually all of the voting age populatton

rtDent
ononlc
a

65



CONCLUSIONS OF I^AW

1. This Cou t has Jurisdictlon of thts action pursuant

to 28 U.S.C. IL345

2. Platntif
at-large rDethod of
Commission. The Un

action under Sectl

and the Fourteenth

Constltutlon. This

decide the case on

* I As amended by
Votlng Rights Act

Sec.2.
(a) No

votlng or Bt
be lnposed o
eubd 1vl sion
or abrldgeme
United State
or tn contre
eectlon 4(f)

(b) A vl
llehed lf, b
lt le showrl
to noulnatl
eubdtvie ion
by oembers o
eubsectlon (
opportunlty
to partictpa
elect repreo
to whleh u
elected to o
slon ls one
provlded tha
rlght to hav
numbera equa

ing qualificatlon or prerequisite to
dard, practice, or procedure shall
applled by any State or pollttcal
a Eanner which results ln a denial
of the rtght of eny citlzen of the

to vote on account of race or color,
tlon of the guarantees Bet forth ln

), as provlded [n eubsectlon (b).
atlon of aubsectlon (a) ls estab-
ed on the totallty of clrcumstances,
at the po11tlcal ProceBBes leading
or electlon tn the Btete or polltlcal
e not equally oPen to Partlclpation
a claas of cltlzens Protected bY
ln that lts menbere have less

an other nenbere of the electorate
ln the polltlca1 process and to
atlves of thelr choice. The ex

d 42 U,S.C. Jl973JG).

United States of Aoerlca ehallenges the

lectlng the defendant Dallas County

ted States of Anerlca has brought this

2 of the Voting Rights Act, es amended, */

nd Fifteenth Anendnents to the Unlted States

court ls cognizant of lts obligatlon to
Btatutory basis (i..e., under Section 2)

lf possible. New Y rk Translt Authority v. Beazer, 440 U.S.

568, 582 n . 22 (197 ). Consequently, the court has reviewed

e Congress ln L982, Section 2 of the
vldes:

ers of a protected class have been
ftce ln the State or polltlcal lubdlvl-
lrcuostence" which nay be conaldered,
nothing ln thie eectlon establlehes a
roenbere of e protected class elected ln
to thelr proportton ln the populatlon.

tatlveo bf thetr c ce. The extent

66



the pertinent legts

Section 2 of the Vo

3. (he poin

hlstory to the 1982

Rights Act wich cry

of the Votlng Right

intent ls not requi

(Senate Report No.

(1982) (hereafter c

Section 2 "to perrni

that uinority voter

ln the political pr

I Ci ty of I'lobi Ie v.

senate ReporE, at L

4. To preva

Sectlon 2 of the Vo

that plaintiffs uus

. {r*/

1 on a clalm of
ing Rights Act,

"show that the

raclal vote dilution under

Congress has made 1t clear

challenged Bystem or practlce,

ative history underlylng the recently anended

ing Rights Act. :l
that cotres out of a revlew of the legislative

emendtrentB to Section 2 of the Voting

tal clarlty: Congress anended Sectlon 2

Act "to Dake clear that proof of dlecrlolnatory
d to establish a vlolation of Sectlon 2."

7-417, 97th Cong. Znd SesE., p. 2, 16

ted as "Senate Report"). Congress auended

plaintlffs to prove violatlons by showing

were denled an equal. chance to partictpate
cess , i. €. , by rneetlng the pr Ie J -Bolden

Lden, 446 U.S. 55 (I980)l resulrs tesE."

* I Thls anendment
TSAZ. See Section
Pub. Law 97-205.

ook effect upon enactnent, i.€., June 29,
of the Voting Rights Act aoendments of 1982,

There ls of
enacted legls1
See generally
(June 2L, L982
678, 694-695 n
Board, 4L6 U.S
w76-77 (tez
602 (1950) ; tln
(1 Cranch) I
Floor Managers
courBe, applycourse, aPPIY
...welleg
Rec. H384L (da
Rep. Sensenbr
June L7, L982)

course Ehe lssue of whether this newly
tion should apply to pendlng litlgatlon.
nited States v. Johnson, No. 80-1608

-Tfp- op-: HEE6T Finney, 437 U.S.
23 (1978) ; BradTElT. RiEEi-oEiI School15 (rylU); DFaOley v. XlcnDonO ScnOoI

655-7 4 (197-5)J-C5'rt vffi
) ; ttnlted States:FA1abffi, 362 U. S.
ted-3EaEs-T--15e Sch6o-Peep,y, 5 U

**I "In pre-Bolden
ffiat a challenged-

Ees v.Jhe Schooner Peggy, 5 U.S.
I-goth-EEeffiate

etated that "Sectl.on 2 . . . will, of
o pending caees ln accordance with
bllehed prlnclples . , . ." 128 Cong.
ly ed. June 23, f982) (remarks of
nner) t 128 Cong.Rec.S.7095 (datly ed.
(renarke of Sen. Xennedy).

caseB plalnttffs could prevall by rhowing
ectlon law or procedure, ln the context of
ces of the locaI electoral proceos, had the
raclal or language ntnority an equal chance
e electoral process." Senate Report, et I6.

the total clrcuueta
reault of denylng a
to pertlclpate ln

67



ln the contexE of a

question, results 1

the political proces

standard. . .enbodies

Wtr i te [v . Reges ter ,

27. !/
5. Section

Congress ln L982,

procedures that den

pat'ticipate in the

Senate Report, at 2

test, plaintiffs ca

(id., at 26) that a

practice or procedu

process (id., et 28

pp. 28-29 (footnote

but are not necessa

(a) the ext
in the state
right of the
to vote, oE
proc€8s;

(b) the ext
state or pol

(c) the ext
dlvislon has
naJorlty vot
or other vot
the opportun
grouP;

e

2

h

,1

the clrcumstances ln the Jurisdiction in
uinorlties belng denied equal access to

" Senate Reporc, et 27 , t'The tresults'

test laid down by the Supreoe Court ln

u.s. 755 (1973)J." Senate Report, at

of the Votlng Right6 Act, es auended by

hlbits "electoral eEandards, practices, or

ninority voters the sarDe opportunlty to

1ttlcaI process as other cttlzens enjoy."

. To establlsh a vtolation of the "results"
ehow a variety of "objective factors"

e probative of whether t,he challenged

e denles equal opportunity to the pollttcal
. ** I As the Senate Report Btated at

onltted), these relevanE factors include,

iIy llnlted to, the following:

nt of any hlstory of official discrlnination
or politlcal eubdivislon that touched the
oembers of the uinority g,roup to register,
therwlse to partlcipate ln the deuocratic

nt to whlch vottng tn the electlons of the
tical eubdivielon 1s raclally polarLzed;

nt to which the Etate or political. aub-
ueed unusually large electlon dlstricts,
requtreuents, entL-slngle ehot provisions,

ng practlces or procedures that uay enhance
ty for diecrinlnation against the ninority

that the polittcal
were not equally o
that lte nenbere ha
ln the dtstrlct to

TplalntTETil burFn
ster, aupra, the Supreroe Court Btated that
fs-o p:office evldence to Bupport findlngs

* I In Uhlte v. Re
18 EO PrOOuCe evldence EO SUPPOrE rlnornSs
rocesEe6 leadlng to noroinatlon and election
n to particlpatlon by the trouP tn question--
less opportunittes than did other resldents

elect leglelatore o

** I In l{hlte v. Re

rtlclpate ln the polltlcal proceas and to
thelr cholce." 4LZ U.S. at 765-66.

(Eeetlon-ffitrethAf
to blacks and rfilt dependa upon e cearchlng, Prectlcal evaluatlon

Sent reaItty."

e8ter, the Supreue Court observed that the
EEffioIttical- processes ere "equally open"

of the "paat lnd pr

68

4L2 U.S. et 769-70.



(d) 1f ther
the uembers
access to th

(e ) the ext,
1n the state
of diecrimin
and health,
effectively
(f) whecher
by overt or

(e) the ext
have been el

See Senate Report

requlrenent that a

be proved. (Ibld).
6. In apPI

of the totality of
processes leading

equally open to wh

citizenB of Dallas

citlzens to partlc

under the at-Iarge

opportunlty to eLe

County Coonission.

1s a candidate elattng proce66, shether
f the roinority group have been denied
t Process;

nt to which members of the nlnorlty BrouP
or politicaL subdivlsion bear the effects
tion ln such areas as education, employment
hich hinder their ability to Particlpate
n the pollttcal ploc€ss;

litical campalgns have been charactetLzed
bcle racial appeals;

nt to uhich merobers of the olnortty group
cted to public office ln the Jurlsdictlon. */

, 97-417, Bupra, Bt 28-29. Ihere ls no

partlcular number of the foregolng facEors

ng, these prlnciples to this case, e review

he circumstances ehows that the polltlca1

to the nonination and electlon are not

tes and blacks ln DalLas County. B1ack

ounty have less oPPortunity than white

ate in the political. ProceBs. ConsequentLy,

electoral eystem, black voters have less

t candidates of their choice to the Dalles

**l

* I Additlonal fac
Talue es pert of P
ere:

a) whether th
the part of ele
the uenbers of

b) whether t
eubdivlaton fB uae
to votlng, or sten

Senate Report at 2

** I Iwhere Negroee
Efection dletrlcte
convertlng to at-l
welghed by rhtte v
hae been uced ln lt!
See, 3g_, Srptth v

ors that ln 8otre ceges have had probaE lve
a vlolation

on
of

re te a elgnlficant lack of responslveness
ted offtctils to the parttcularlzed needs
he ulnorlty grouP; and
poltcy unileilying the Etete or politlcal

f' euch-voting Qualfficatton, prerequlsite

lnttffs' evtdence to establleh

ard, practtce or procedure ls tenuous.

"r" 
n""rlIy concentreted I'n partlcular 

-their votei can be dlluted e-ffectlvely by
rge electlons, ln whlch their votes ere out'
tEa ln adiolninc, dietrlcts. Ttrle t,echnlque
aales lpp1-and Af ab8ID8. " (PL. E(. 12, et 21) .

ParlB;- 3E6 F.2d 979 (5ttt ctr. 1957).

69



7. The Unite

hiscory of racial di

tndisputable that th
effecrs. */ But tt
that is ar work here

al,so operate to affe

to particlpate ln t

LTith whites. Electl

Dallas County are ra

politlcal campaigns

becone, tn effect, r

County disadvanteges

lower eocio-econonic

States has documenEed the pervasive

crlnination (pp. 4-46, supra), and 1t ls

I past discrtoination has lingerlng

I not Just the past history of discrfuninat'lon

Ot,her factors Present in Dallas County

t adversely the abillty of black cltizens

po),ittcal Process on an equal footing

s for local governnent offlclals ln

ially polarlzed (E., at PP. 62-25); **l

nvolvlng black candidates ln Dallas County

cial caupaigns. The large eLze of Dallas

the black candldates because of thetr

Bt,atus. **t f Perhaps uost revea),ing

* I In Dallas Count
Tingering effects o
to occur along racl
to vote at a lower
face hostillty and
white votes, whlch
Dallas County; (4)
levels, ln Job oppo
other asPecEB of co
with other factors-

, 8t least Partially as e result, of the
past dlscrinlnatton, (1) voting contlnues

I'lines: (D blacks continue to reglsteri Q) blacks contlnue to reglster
te than whites; (3) black candidates

ther lnsurmountable barrters when eeeklng
lack candldates need to win e1ectlons ln
lacks continue to lag behlnd in educatton
tunitles, ln eoclal conditlons, and ln

lty Ilfe. l{hen euch e-ffects comblne
euch is the large elze of the county-and

the exlstence of a
result: dilution o
of a black person o
Boverntrent. See Fl
** I ,'Votlng along
E[ack lntereets wi
wlthout bloc votlng
electlons eoIelY be
50 u.s.L.W.504 (U.

*** I An at-large e
E$endicures for ce
B1acks DuBt rely aI
becauae of extrenel
Fundine frou the bI
Not oniy ere the fi
of defeaE for black
eeektng offlce and
they percelve lt to

ajorlty-vote re(ulrenent--two conditlons
6tact<-votlng edrength and thg lopossibi

talnlnp en electlve posltlon ln county
and the lopossibilitY

talning an electlve-posltlon ln county
ings of Fact, pp. 57 to 65, 9IPE..

aclal llnes allows thoee elected to lgnore
out fear of polltlcal consequences, and
the ulnorlty- candldatee would not lose
ause of their race." Rogers v. Lodge,
. July 1, 1982).

ectlon sy8tero requlres greater caupaign
didates Lhan a distrlcE-electlon 6chene.
st total!.y on blacks for caropalgn.funding,
Ilotted financtal suPPort fron whttes.

"t-Eorrrnlty 1e lteeIf- dtfftcult to obtaln.
anclal reeources llnlted, but the conElstency
candidates dlacourages black cltlzens from
artlcipattng ln the-poltttcal Process, 8s
be a futtle exerclge.

70-



of all, no black Per

County Commission. *

8. This Cour

offered by the Untte

County Commission ha

of the black communi

have been unresPonsi

cltlzenry of Dallas

-ggpE.. This evidenc

political process wa

Lodge, -9g. See a

9. It is thi

totality of the circ

record, that the aE

out the voting stre

set out abov.e, the

leadlng to noninati

equally oPen to Par

42 U.S.C. 11973.

elect menbers of th

Section 2 of the Vo

10. The Untt

8t-large electorel

ture wlth a reclall
being oalntalned fo

on has ever been elected to the DaL1as

has also carefully considered the evidence

States oD the lssue of whether the Dallas

been resPonsive to the needs and lnteresEs

y. Elected offictals 1n Dallae County

e and insenslEtve to the needs of t'he black

ounty. See Flndings of Fact, PP- 47-56,

"increaBes the ltkellhood that the

not equally open Eo blacks." lcg"rs '.
ao Senate Repor t , !93gg., at 29 .

Court's overall judgment, based on the

stances as established by the evidence of

arge electoral eysteu nininLzea and cancels

th of black voters. Guided by the factors

urt concludes that "the po1it1cal Processes

or election ln [Dallas County] are not

lcipatlon by [black citlzens of the County] '

sequently, the at-1'arge system used to

Dallas County Cornmission ls vlolative of

tng Rights Act of 1965, 8s anended.

States has aleo offered evidence that the

ysten was enacted by the Alabana Legisla-

diecrlulnatory PurPose, and that lt is

lnvldlous PurPoses ln vlolatlon of the

* I I'Nothlng
Htnds County
cert. den 32 (1970).

la mor
SchooI

enphatlc than
Boaid, 417 F.zd

Z€Eo.rr tlnlted States v.
852, S5ffttE--Uu-969)

7L



enth Amendments. :l To prevail ln its

lona1 vote dilution, plalntiff roust Prove

aysterD uas concelved or operated for a

ory purpose. Rogers v. Lodge , 9lE.;
Bolden v. City of biIe, C. A. No. 75-297P (S.D. AIa., Order

of April 15, 1982);

Conmlssioners, C. A

Brown v. l'tobil.e County Board of School

1982). See also Wtt

No. 75-298P (S.D. AIa., Order of April 15,

tcomb v. Chavis, 403 U.S. L24, 149 (1971),

and l.Itrite v. Reg,est I, 8uPra, 8t 765.

1.1 . Dls crlm natory tntent need not be Proven by direct

tIy, en lnvidtous discrfuninatory PurPose

d fron the totality of the relevant facts.

o . ." Village of 11!g!9n_ I9!gtr!e v. l'letroPol itan Hous ing

FourEeenth and Fift

claim of unconstltu

that Ehe challenged

racially discrtulna

evidence. "NecesBa

rDay often be lnferr

Corp. , 429 U.S. 252

intent thus "demand

and direct evidence

Because there ls no

application of the

Arllngton Het8,hts d

the available circ

dilute the votlng
to the atandard of
Clauee c8B€B., Ro
outtted). A a

L2. A ttgens tlve tnqulry" lnto the reasons for the

Legislature'e enact nt of at-large electlons'reveals sub-

atantial clrcuns laI evldence of a raclalLy dlscrininatory

of the law has been the conPlete exclusionpurpose. The effe

of bLacks frou the

yeers, even though

candldacles.

llas County governing body for over 80

lnce 1965 alone there have been L4 black

* I "CeBeB chargt Ehat nuLtl-nember dlstrlcte unconet ltutionally

255 (L977). Determining discrlminatory

a Bensitive inquiry lnEo such clrcurnstantial

of lntent as rnay be available." (Ibid).

direct evidence on the purpose issue here,

ubjects of proper lnquiry set out ln the

clslon'1s espectally helpful ln analyzlng

Etentlal evldence.

trength of raclal ulnorltles are thus aubJect
prool generally ePPIlcable to Equal,Protectlon
Lra v.-Iodge, -aupil, eliP oP. et 4 (cltations
B of unffiGEltEEiSi'al vote dllutlon would,
ily deoonstrate e Sectlon 2 vlolatlon.of course, neceSSa

-72-



This Etark pattern

Heights, Eupra, 8t

creatlng ac-Iarge e

13. Another

whether the et-larg
purpose ls the hle

Arlington Heights,

ln the record shows

disfranchiseuent at

elections for Dalla

!!pls. Beginnlng I
Alabaoa Constituti
Legislature's prhoa

to eetablish and ua

of whites. Durlng

two laws affectlng
public officlals.
elective Bystetr wlt
blhiEe Denocrat6 op

Bystem was adopted

Belt counties) beca

elfuoinatlng the eff
law affectlng Da1la

statute creatlng at

s "an iuportant Etarting point" (Arling.ton

66) ln deterolning the lntent of the law

ect ions .

luportant evldentiary Bource to deternlne

Bysten hras established with an lnvldious
rlcal context of the Legislaturers decision.

upra, 8t 267. The uncontredicted evtdence

that there was e preoccupatlon with Negro

the tine of the 1901 enactment of at-Large

County. See Ftndings of Fact, pp. 34-35,

1874 and contlnulng at least until the

aI Convention of 190I, the Alabama

y purpose ln enactlng election laws was

ntain the pollEica1 and electoral concrol

hls period, the Alabama Leglslature enacted

e Dethod of eelectlng the Da1las County

first law, enacted in 1876, replaced an

a gubernatortal eppointrnent 8ystetr.

ly adoitted at the tlue that the appolntive

n Dallas County (and several other BLack

e lt was the only avallable nethod of
ctlveness of black voters. */ The second

Countyrs local governrnent was the 1901

large electtone. The Alabarna Legislature

*l Black voters du
Ehelr cholce to the

lng Reconetructlon
governlng body of

elected candidates
Dallas County.

of

-73



enacted that law as

Just a few uonths I
disfranchising Cone

had eE lts prltrary

voters, lt was not

agalnst black voter

also Berve lts racl

14. That th

the at-1arge electi
favor of dlsfranchl

that the Iaw was en

See Arlinecon Heieh s, Bupra, 8t 267 .

15. Taken a

es lt nust tf the c

that "the lnvidlous

[has beenJ traced t
Washington v. Davis

taken by the Alaba

at-1arge election I
conteroporaneous act

electlon Bysten 1n

part , tt t because of ,

at-1

an "smendrDent" Eo the 1876 Iaw, and

advance of the State's adoptlon of lts

ltutlon. Although the 1901 Constitutlon

rpose the disfranchieenenL of black

een as the excluslve means of dlecrlninatlng

. Hence, the State enacted other laws to

1ly dlecrlninatory purPoses . * I
Dallas County leglslators who suPPorted

1aw were eioultaneously epeaklng out ln

ing black voters 1s also aotre tndicatton

cted wlth a racially dlscriminatory PurPose.

a whole, the evidence of record thows,

rE ls to find e constltutlonaL vloLatlon,

quallty of [the at-large electton] law . .

a racialLy diecrfunlnatory purpose."

426 U.S. 229, 240 (1976). The actlons

Legislature ln 1901 when tt enacted the

sterD lrere taken ln tandem with other

of raclaL discrloinetlon. The at-large

llae County was establlshed, 8t least ln

not uerely tln eplte of', lte adverse

effects upon Ib1ack " Pergonnel Adnlnietrator of llags. v.

Feeney, 442 U.S. 2 ,279 (1979).

*l Besldee the
Ehe State, for
ln 1903.

electlon systelD
aleo enacted e

for Dallae County,
"whtte prlnary" lawe

rBe
Ie,

74



I enactoent by the Alabama Leglslature of
for the Dallas County Comnission ls violative
nd Fifteench Anendments to the Llnited

, end Sectlon 2 of the Votlng Rlghts Act

. See Whitconb v. Chavis, glpEi
Villaee of Arllnpt Helghts, Bupra; Washington v. Davls, supra;
Feeney, 6upra; Cit of MobiIe v. Bolden, 446 U.S. 55 (1980).

See also Senate Re ft, 8uPra.

L7. The C rt also concludes that the at-large system

for lnvldious reason6. See Rogers v. Iodge,

16. The t.9

at-large elections

of the Fourteenth

States Constltutio
of 1965, 88 amende

Bupra, the Supreme Court afflrned the

lower courts to the effect that the at-
cEing the governing body ln Burke Councy,

lve of the Constltution. As in Rogers, the

se deuonEtrates that Dallas County'e at-large
ich effectively prevents black citizens from

e politlcal affairs of their county on an

ites, ls being maintalned for discrirnlnatory
vlolatlve of the Conetltutlon. See Rog,ers v.

lpdge , Bupra, end lte v. Regester, .gry,.

court 1

fashlon

of the Etetutory and constltutional violations
obliged to exerciee lts tradltlonaL equltable

nplete rellef . See Eogers v. Ipdge, gllpE,
te Report, gupre, 8t 31. In exerclslng

is belng uaintalne

supra. In Rogers ,

judgments of the t
large Bystem of eI

Georgia, rras viola
evidence in this c

eLection Bystem,

particlpatlng in
equal footing with
purposes and ls th

19.

found, the

Powers to

In llgh

ellp op. at 15; Se

this power this co

w111 as far eB po8

rt has t'the duty to render a decree which

lble elluinate the discrinlnatory effects

75



of the past as wel

Iouisiana V. Unlted

here, a vlol-ation h

to cure the tcondlt

Rogers v. Lodge,

267,292 (L977) (r'1i1

7L7,738 (L974) (MiI

Pursuant to
the plalntiffs on t
entered by the cour

Following en

further proceedlngs

lf necessary, to fr
Board of Education,

scope of the renedy

constltutionaL and

J. B. SESSIONS, III
Llnited States Attor

as bar ltke discrimination ln the future.',
states, 380 u. s. L45,L54 (1965). Wtrere, es

s been found, "the renedy [uust beJ tatlored
on' that offends the Constitution.',,
18, quoting Mllliken v. Bradley, 433 U.S.

lken II), and Mil1iken v. Blgglg, 4lg U.S.

lken I).

Ie 58, F.R.C.P., e Judgment in favor of
e Lssue of defendanrs' liabtlity shall be

forthwith.
ry of Judgment, the court will schedule

lncLudlng Ehe taking of additional tesrltrony,
en appropriate renedy.

402 U.S. 1, 15-16 (I971).
w111 [and rDustJ address and

tatutory vlolatlons found.

Respectfully aubrDltted,

[^lM. BMDFORD REYNOLDS'Assletent Attorney General

Attorneys, Voting Sectlon
U.S. Departnent of Juetlce
10th and Conetltutlon Ave., N. W.
lilashlngcon, D. C. 20530
(202) 724-6292

See Swann v.
The nature and

correct the

wa vvtl&v

PAUL F. HANCOCK
J. GEMLD HEBERT
ELLEN M. I{EBER



I hereby cer

L982, I eerved a co

Conclusions of Law

the followlng counE

the United States rD

to:

I'tr. Ca
P. O.
Selma,

1.1r. W.
P. O.
Selma,

1,1r. Wl
P. O.
SeIna,

l'1r. J
28 Bro
P. O.
Seloa,

TIFICATE OF SERVICE

ify thar on rhis 15rh day of July
y of Proposed Findings of Fact and

or the United States of Anerica on

1 of record, by nalltng a copy 1n

i1, flrst-class, postage prepaid,

tledge W. Blackwel1,
cx 592

Jr.
Alabama 3670I

Mclean Pitts
x 537

Alabama 36701

1lau Falle
x 62L

Alabama 36701

T. PiLcher
d Street
x 1346

Alabama 367 01

Attorney, Votlng Sectlon
Ctvil Rlghts Divlston
Departnent of Justlce
I0th and Constltuclon Ave.
lJashlngton, D. C. 20530
(202) 724-6292

,N. l{.