Appendix Volume I

Public Court Documents
June 6, 1977

Appendix Volume I preview

515 pages

Cite this item

  • Case Files, Bolden v. Mobile Hardbacks and Appendices. Appendix Volume I, 1977. 8bb86f54-cdcd-ef11-b8e8-7c1e520b5bae. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/c65dfd4b-0257-4ca8-aa40-45282a0aab2f/appendix-volume-i. Accessed April 27, 2025.

    Copied!

    76-4210 
77-2042 

  

APPENDIX — VOLUME I 

  

  

United States Court of Appeals 
FOR THE FIFTH CIRCUIT 

  

No. 76-4210 
  

WILEY L. BOLDEN, Et Al. 

Plaintiffs-Appellees, 

versus 

of CITY OF MOBILE, ALABAMA; Et Al., 

Defendants-Appellants. 

  

No. 77-2042 
  

WILEY L. BOLDEN, ET AL, 

Plaintiffs-Appellees, 

versus 

CITY OF MOBILE, ALABAMA; ET AL, 

Defendants-Appellants. 

  

Appeals from the United States District Court for the 

Southern District of Alabama 

  

  

SCOFIELDS’ QUALITY PRINTERS, P. 0. BOX 53096, N. O., LA. 70153 - 504/822-1611 

 



  
 



  

TABLE OF CONTENTS 

Docket EntrieS.csececosens sesne wren cherie nsnnns 

Complaint.......... Ln eR ae 

Defendants' Motion to DismisSS...... css srusnnne 

Defendants' Motion to Strike.c..cevsseeee toccens 

Order on Motion to Dismiss, dated November 18, 

1975 ® © © © © © 0 0° 0° 0 0 ® © © © © © © 6 © © © © 6 O° 0° 0 0 0 ® © © © © © 8 0 0 

Answer ® © & © © © © oo 0 0° ® © © © 0 © © © © oo oo ® © 0 © & © 0 0 ® © © © © 0 & 0° 0 

Order on Class Action, filed January 19, 1976. 

Order Appointing Committee, filed October 6, 
1976 ® © © & © © © oo © & 0 oo ® @ oo © 0° 0 ® © 0 © oo oo oo ® 6 0 oo & 0 oo ® © © 0 oo 0 0 eo eo 

Opinion and Order, dated October 21, 1976..... 

Judgment, dated October 22, 1976. ..ccvervecsense 

Notice of Appeal, filed November 19, 1976..... 

Order of Mayor-Council Plan (77-2042)ccccccces 

Appendix A -- A Plan for the Mayor-Council 
Form Of Government for the City of Mobile. 

Transcript of Proceedings of July 12-21, 1976 

Witnesses: 

Testimony of Dr. Melton McLauriN.scsveseses 

Testimony of Dr. Cort B. Schlichting.ccce... 

Testimony Of Wiley L. Bolden....... ‘rsa sens 

Testimony of James E. BuskeV..e.... ne caves . 

Tastimony Of Joseph LaNOAN.cessntsssassnsns 

Testimony of lonia Me Gilleseecressnasncness 

Testimony of Jerre Koffler eves esresssonenes 

Testimony of R, La. HOD@: cscs vosscnsnenee ins 

Orig. Rec. 
Pages 

170 

184 

333 

543 

548 

604 

613 

622 

628 

Trans. 

Pages 

15 

91 

200 

222 

288 

360 

373 

392 

App. 
Pages 

146 

160 

177 

199 

209 

232 

238 

246 

 



    

 



  

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

Testimony 

ii 

TABLE OF CONTENTS (Continued) 

James Seals...... Shel E ve Tien dd 

James E. VoyleS..eee.e Sete esnar 

Charles Cotrell........ sess 

Sylvester Williams..... daien ws .o 

Leonard Wyatt.evevvvvoves doves 

Sherman ‘Smith. vee ev diceds nner 

Dan Alexander. ® © © © 6 © © © & © © © © 0° 0° 0 oo 

John Randolph. .eves Py rr rT 

Austin PettawaY. viv. v Fe vs vs ann 

Mable P. DOtCh.e tc ve vcresnsnisina 

Janice McCamts..... Sees sesesnee 

Clara Bsteér..csees sSeseseesacnie 

Bill RobertS.cessceseove tecenecan 

Robert B. Doyles vvvvvevesveeve 

Lambert Mims... vec ee voodoo 

Gary Greenoughysceeeserssserces 

Lambert Mims (Resumed).ceeoeceee 

Gary Greenough (Resumed)....... 

James E. Voyles (Resumed)...... 

George Winstanley... severe veins 

Earl Joyner.«... Se eens enn nce sn 

Tom PeavVyecsessee Ee a Toe 

Jack Summerall..... tre siiienins ens 

Marion Barnett...... sas usec an 

JOhn A. Calametti...oeseviess ve 

Trans. 

Pages 

419 

441 

495 

547 

564 

583 

588 

612 

637 

651 

684 

705 

726 

752 

824 

926 

941 

1084 

1128 

1246 

1253 

1314 

1338 

1357 

1371 

App. 
Pages 

252 

260 

277 

294 

303 

311 

312 

3138 

327 

338 

341 

347 

355 

370 

415 

504 

508 

603 

608 

626 

632 

648 

653 

654 

664 

 



  

    ol. Bt 

thera? CETL a dtu) 

al. piel tial Ivy aplly port 

td a i | pilus: s Grptlacds an eq ped 

The statistics.... support the hypothesis that 
black electoral strength has decreased since 
the 1960's. The observation is clear: with 
the exception of city commissioner Joseph Langan, 
no candidate who has won a majority in the black 
wards of Mobile has also carried a majority in 
the entire city since 1960. .../Before 1960, 
while/ the black vote was disproportionately small 
compared to the number of Negroes residing in 
Mobile their votes were often important enough to 
be sought. Since 1960, this has not been true: 
identification with the black wards is the "kiss 
of death" for an office-seeker in Mobile. The 
black voters constitute such a visible and emotional 
issue to Mobile's white voters that any identificat- 
ion with blacks in Mobile will produce a reaction 
by white voters and defeat the black-supported 
candidate. Thus, while the numberg of black® voting 
has increased, the relative importance of the black 
vote is less than before the civil rights movement 
of the 1960's. 

A. 582-85. This view of pelitieal-reality was concurred in by 

all politicians, hoth white and black, who testified, Suse 
NL (Go ceudlial goad, 4 Ww cacnts Belseco. 

defendant Mims. A computer expert conducted statistical 

regression analyses on over 35 city-wide and county-wide elections 

from 1962 to 1274. Pp. Exs. 10-52; Pp. Ex. 53, A. 521-092, ‘They 

demonstrated highly significant racially polorized voting in 

every race involving a black candidate or white candidate 

identified with black interests. The returns for all city 

commission winners had high correlations with race. 

+ ) 43 

  

-~ 

P. Ex, 100, P. 10, 

5/ Kw Fyn Ku Bes : | 2 a 92, 119 136 T5:00. wx. 9m, p. 10; B.Ex, 99, p. 9; 

 



  
 



ii 

TABLE OF CONTENTS (Continued) 

Trans. 
Pages 

Court ICOlL1oquyYiss siiiiise caine ss sie o sleleisie ssisnsnasnne 1414 

PLAINTIFFS' EXHIBITS: 

No. 3 -- Voter Turnout, 1972 County Commission 
and 1973 City Commission Elections..... PETER 

No. 4 -- Voter Turnout, Selected 1974 and 1976 
ElectionS.cacecvvnnves Soe enonn sas sus Sassen ass ns . 

No. 5 -- 1973 Mobile Voter Registration for 
Selected WarAS. ec. ® © © 0 oO ® © © © © © © © © © © © OO © © ® oo ° 0 00 ® eo © 

No. 6 -- 1976 Mobile Voter Registration for 
Selected WaT OS 3 0% ts o0 bcs vonsnetnsootesscsennsonesn 

No. 7 -- Summary Mobile County Voter Registration 

No. 9 -- Excerpts from Voyles Thesis: "An Alaysis 
of Mobile Voting Patterns, 1948-70"... cccoecececee 

No. 53 -- Summary of Statistical AnalySeS..ecceves 

No. 61 -- Excerpts from File "Newspaper Ads"..... 

No. 62 -- Newspaper article "Numerous Cross 
Burnings" ® © 6 © oo oo © 0 00006 00660000 060c0e0s600ce000s00ssse 

No. 64 -- Summary of City CommitteeSeescesssesns “eo 

No. 65 -—- File of Grand Jury Report and 
Newspaper clippings from 1976 re: Police 
Brutality. covers econo eiscnss ® © ® © © © ® © 0° 0 0 ® ® oo oo © 0 oo ® © oo 0 

No. 73 -- Summaries of City Employment Data (1975) 

No. 75 -- Summary —= City StreetS..... cess ns vosd 

No. 97 -- Copy of Political ad from Chickasaw News 
Herald, Mobile County NewS. css evseesecescascnsnss 

No. 98 -- Excerpts from Deposition of Robert S. 
Edington ® © © oo oo oo ® © © 06 6 © © 0 © ©® 0 0 oo ® © © 0 © © © 0 © © © © © °° © ® 0° 0® oo 

No. 99 -- Excerpts from Deposition of Gary 
COOPBr +: eo « te cerscevianes Seve nes tren ien ceca . 

No. 100 -- Excerpts from Deposition of Cain J. 
Kennedy ® © 6 © © © © © © 6 0° oo ® © © © © © © © 0 © © 0 © 0 0° oo 0 0 oo ® © © © © 0 0 © 

App. 
Pages 

676 

680 

682 

683 

684 

685 

686 

702 

704 

215 

716 

891 

915 

918 

919 

920 

937 

947  





  

iv 

TABLE OF CONTENTS (Continued) 

No. 111 -- Sub exhibit N to Documents regarding 
Utilization of Revenue Sharing PFPUNAS.. cece ecevcossscasncaces 

DEFENDANTS 'S EXHIBIT: 

No. 86 —— Excerpts from book "For Christ and Country" ....«. 

App. 
Pages 

965 

971 

 





  

DOCKET FILING DATE 

  

DEMAND JUDGE JURY DOCKET 

    

              

  

  

BOLDEN, WILEY L. 
HOPE, REV. R. IL. 
FOHNSON;—CHARERES O1oMSSED 114-76 

LEFLORE, JANET O. 
LEFLORE, JOHN L. 

- MAXWELL, CHARLES 
PURIFOY, OSSIE B. 

v SCOTT, RAYMOND 

SMITH, SHERMAN 

TAYLOR, OLLIE LEE 

) TURNER, —RODNEY—O . DISMISSED 1-14-76 

/ WILLIAMS, ED 
WILLIAMS, SYLVESTER 
WILSON, MRS. F.C. 

Pa 

CAUSE 

42 usc §§ 1973, 1983 & 1985(3). Acting seeking single-member districts 
for Mobile City Commission, attacking present "at-large" election 

system, and for declaratory judgment and injunction against the city 

holding any further elections under the present at-large election system. 

Viens YR. NUMBER |MO. DAY YEAR J N38 {0 =n > OTHER | NUMBER | DEM. | YF. NinETH 
i Y, = a i w= pas == ES — Be EE ae Ee === od — ard i Sr 

| 5 528/1 15) ow 297 [06 os 73 J hiya | X 2804 25-29 5-2, 
, | 

E PLAINTIFFS " DEFENDANTS JT poe 
oe FOR TR iT 7 n, 

| SET FOR PRE TRIAL CoE i 
Ae Nb ee OER 

CITY OF MOBILE, ALABAMA; 
GREENOUGH, GARY A. 
DOYLE, ROBERT B., JR. 
MIMS, LAMBERT C., ind. 

and in their official 

capacities as Mobile 

City Commissioners. 

  

GREGORY B. STEIN 

J. U. BLACKSHER 
1407 Davis Avenue 
Mobile, Alabama 36603 

EDWARD STILL ne J WaeP 

Suite 601, Title Buildiig 
2030 3rd Avenue, North 
Birmingham, Alabama 35203 

) Dy 

and Charles E. Williams, III 
Suite 2030, 10 Columbus Circle 

\ New York, New York 10019 

) Henry Rembert, pro se 

710 Chin St. 

ATTORNEYS 

INTERVENORS : CHRIS M.ZAROCOSTAS, JOE SIRMON 
Dav ied & MIKE JACOBS 

| SLEE 

Jack Greenberg, James M. Nabrit,III 

Proposed intervenor HENRY REMBERT, EXECUTIVE 

SECRETARY, GULF COAST PARENT ACTION LEAGUE: 

BE Ne Sa f 

C. B. ARENDALL, JR. 
Post Office Box 123 

Mobile, Alabama 36601 

S. R. SHEPPARD . 
City of Mobile 2 Dept. 
Post Office Box 1827 
Mobile, Alabama 36601 

Lionel L. Layden & A. Ho p 
919 Dauphin St., Mobile, Al pei a 

DEPOSITIONS: 36604 
DR. JAMES EVERETT VOYLES, 

02-03-76. 
DR. MELTON ALONZA McLAURIN, 

filed June 16, 1976. 
DR. CORT B. SCHLICHTING, 7-8-76 
ROBERT S. EDINGTON, 7-876 
GARY COOPER, T-9-T76 
CAIN J. KENNEDY, 7-9-76 
DR. CHARLES L. COTRELL, 7-12-76 
DR. CHARLES L. COTRELL, (Continu: 

  

  

      

Mobile, Al. 36610 ation) 9-15-76. 

re CHC: | foie gig = FILING FEESPAID ~ ." V EL swwnnoal cans 
£3 HERE ETE a RECEIPT NUMBER [co NumMeiR PoE GATE MAILED | 
ie CASE WAS Te 10 TS # L6UT71 - Crawford, BlacKsher & Xennedy | sss _ - 
FORMA EE Teh fansek 2 TE REE DUR LRP ENE ST IR ll I rk Be AT 45-8 ——— 
PAUFERIS         

UN'TED STATES DISTRICT COURT DOCKET FEY time, 

CERTIFI A TRUE Copy 
VILLIAN J. 0'CONNOR, 

WRAP   

Daputy Clef 

a
 

 



  

  

DATE 

6-26-75 

11-3-75 

11~7~75 

[L1-10-5 
11-13-75 

11-14-75     

O 
0~
1 

OV
! 

10 

NR. 

Ww
 
n
+
 

-
 

18 

19 

28 
29 

Complaint filed, mpc 

PROCEEDINGS 

  

Summons issued with complaint for service on defendants, mpc 

Summons returned, executed as to LAMBERT C. MIMS as.Comm., lps 
Summons returned, executed as to LAMBERT C. KIMS, Ind., lps 
Summons returned, ‘executed as to ROBERT B., DOYLE, ‘as Comn., lps 
Summons returned, executed as to ROBERT R, DOYLE, Fnd., ps 

[Summons returned, executed as to GARY A. Gone OTGH, 23 Comm... ips 

Summons returned, executed as to GARY A. GREENOUGH, dl lps’ 
Motion for extension of time within which to respond to complaint 

filed by defendants; referred to Judge Hand, lps 
ORDER entered setting discovery cutoff date for SEPTEMBER 26, 1975 

with pretrial briefs due by OCTOBER 10, 1975; copies mailed to 
attorneys Blacksher, Still, Arendall and Sheppard, lps 

Motion for extension of time within which to respond to complaint 
filed by defendants on June 26, 1975 is GRANTED; notice mailed to 
attorneys, lps 

Interrogatories to defendants filed by plaintiffs, 35 

Motion to dismiss, with memorandum attached, filed by defendants, wet, 
liotion to strike, with memorandum attached, filed by defendants, wet, 
Answers and otjectlons of defendants to plaintiffs’ "Discovery Notice 

Interrogatories;" filed AJr 
Defendants' Interrogatories to each plalntiff tiled, Ajr 
Supplemental memorandum in support of motion to dismiss filed by 

defendants, o'b 
Motion to dismiss, filed ty defendants July.22, 1975 and 
Motion to strike, filed ty defendants July 22, 1975 submitted after 

arguments Ajr 
Status Report. AMENDMENT TO STANDARD PRE TRIAL ORDER entered and 

DISCOVERY extended to and including Nov. 10, 1975, and naming of 
witnesses on or before Nov. 25, 1975. Copy of this Amendment 
mailed to the Attorneys of Record on 30 Sep. 1975. (W.J.O.) 

Second interrogatories to defendants filed by plaintiffs, lps 
Motion to compel plaintiffs to answer interrogatories filed by defen- 

dants; referred to Magistrate on October 30, 1975, lps 
Answers and objections to defendants' interrogatories filed by plain- 

tiff ROBERT L. HOPE, lps 
Answers and objections to defendants' interrogatories filed by plain- 

tiff WILEY L. BOLDEN, lps 
Answers and objections to defendants' interrogatories filed by plain- 

tiff SHERMAN SMITH, lps 
Interrogatories to the plaintiffs filed by defendants, jb 
Motion to compel answers of plaintiffs BOLDEN, HOPE and SMITH filed by 

defendants, Referred to Magistrate on 1ll- 4-75, Jb (Notices mailed 

to attorneys), 

ORDER entered, by Magistrate, that plaintiff are to answer interro- 
gatories of defendants within 10 days from this date (Min. Entry No. 
39286),1ps 

Copies of Min. Entry No. 39286 mailed to attorneys, lps 
Motion to extend discovery time an additional 30 days, filed by the 
plaintiffs, Ajr 

Discovery extended to and including DECEMBER 10, 1975, notices mailed 
to attorneys Ajr 

Second request for production of documents filed by plaintiffs, ib 
Motion to reconsider order on motion to compel answers to interrdgatorie 

filed by plaintiffs, Referred to Magistrate on 11-17-75, jb 

Va
     (SEE NEXT PAGE) 
  

Pi zis A TRUE COPY 

  

Pore ler 

 



VIL DOCKET CONTINUATION SHEET 

  

      
  

| PLAINTIFF DEFENDANT 

| : DOCKET NO. [9=207 =P _ 
| BOLDEN, WILEY L., ET AL CITY OF MOBILE, ET AL 5 

PAGE _2_ OF PAGES 

) Date NR. PROCEEDINGS 
  

11-17-7p 30 | Answers and objections of plaintiff SYLVESTER WILLIAMS, to defendants 
interrogatories, filed, wet, ; 

31 | Answers and objections of plaintiff CHARLES MAXWELL to defendants!’ 
interrogatories, filed, wet, 

32 | Answers and objections of plaintiff EDWARD WILLIAMS to defendants’ 
interrogatories, filed, wet, 

11-18-76 33 | Memorandum in support of motion to compel answers, filed by 
defendants, wet, 

11-18-5| 34 | Motion to reconsider order on motion to compel answers to interro- 
gatories filed by plaintiffs on November 14, 1975 is GRANTED by 
Magistrate; plaintiff given to December 4, 1975 to answer defen- 
dant's interrogatories; notice mailed to attorneys, lps 

11-18-75 35 | ORDER entered on defendants' motion to dismiss that insofar as the 
action is based on 42 USC 1985(3), complaint fails to state a 
cause of action & the motion to dismiss this cause as to all 
defendants is GRANTED. Defendants' motion to dismiss the cause 
of action under the Voting Rights Act of 1965, 42 USC 1973 is 
DENIED as to all defendants. Therefore, under 28 USC 1343(l4), 
this court has Jurisdiction of all defendants including the City 
of Mobile as to this cause of action; Since court has jurisdiction 
under 1343(4), it is unnecessary to discuss jurisdictional issue 
under 28 USC 1331. Motion of defendants as to the cause of action 
under 1973 & the attack of the jurisdiction as to 1343(4) is not 
well taken & is DENIED. Defendants! motion to strike attorneys’ 
fees & the injunctive relief prayed for in paragraph V-2 is 
DENIED; M/E No. 39,371; Attorneys Blacksher & Bagwell advised of 
ruling by phone on 11-20-75; and on 11-20-75; copy of order 
mailed attorneys Blacksher, Still, Bagwell and Sheppard, wet, 

11-21-79 36 |Motion-to allow further discovery of facts and opinions held by | 
expert, Dr. James E. Voyles, filed by plaintiffs. mpc 

37 |Notice of taking of deposition of DR. JAMES E. VOYLES filed by 
plaintiffs, mpc : 

11-25-7% 38 | Answers to Pla intiffs' second Interrogatories to Defenknts filed, 

je : : 
11-28-75 us Report. ANSWER to be filed by next Friday. Set for Pre 

Trial in first week of Feb. 1976 (W.J.0.) 

—
 

11-28-79 39 | ORDER on plaintiffs! motion to allow further discovery of expert, 
DR. JAMES E., VOYLES that discovery mfrequested by plaintiffs to 
Dr. Voyles' dissertation is GRANTED provided the plaintiffs pay 
expenses pursuant to FRCP, Rule 26(b) (1) (CY. Motion as to further 
discovery is DENIED; M/E No. 39,470; copy mailed attorneys on 

12-2-75, wet, : 

12-3-75| 40 | ANSWER. filed by defendants, wet, 
| L2-4-75 41 | Answers and objections of plaintiff, RAYMOND SCOTT, to defendants! 

interrogatories, filed, wet, 
42 | Answers and objections of plaintiff JOHN L. LeFLORE, to defendants! 

interrogatories, filed, wet, 
43 | Answers and otjections of plaintiff, OSSIE BENJAMIN PURIFOY, to 

defendants' interrogatories, filed, wet, 
44 | Answers and objections of plaintiff, JANET LeFLORE, to defendants! 

interrogatories, jb         DC-111A (Rev. 1/75) 

CERYIFiZH A TRUE copy 

WAN WE 
  

Beputy Clap 

 



  

CIVIL DOCKET CONTINUATION SHEET 

  PLAINTIFF DEFENDANT 

DOCKET NO. 

PAGE oD OF Lo PAGES     
  

PROCEEDINGS 

  

  

  

| interrogatories, filed, wet, : | 
Answers SAGEObISct ona 8 BL IA ty SLE weve) 
dofandantal interrogatori 8S filed, wet, 
  

12-8-75 

12-11-75 

12-8-75 

12-12-T7H 

LY
 / 12-15-76 

2-15-75 

12-17-75 

12-31-74 

1-7-76 

1--8-76 

1--8-76 

1--8-76 

1--8-76 

1-14-76 

1-19-76 

1-20-76   

TUTTO Tro Co a a a 

Answers and ob ections of laintiff, FRANCIS GARY WILSON, to 
defendants' interrogatories filed) Jb 

Answers to defendants! second inter ogatories filed by plaintiffs, 3b 
Plaintiffs' third discovery notice {interroz! sreries and request for" | 

production of documents) filed, gre... 
Answers and objections to plaintiffs! second request. for production 

of documents filed by dsfendonts, Joi= 

  

01-13-76 60 

interrogatories, filed, wet, 

39,542; wet, 

interrogatories filed, o'b 

interrogatories filed, o'b 

interrogatories filed, o'b 
59 piston to dismiss certain plaintiffs, RODNEY O. TURNER & CHARLES 

JOHNSON, without © Pitoman) 
e Pittman Referred to Jud 
order fo Preliminary pretria 

60-A 

61 

62 

filed 1-8- 1 
Order entere 

Magistrate on 1-21-76, jb     
Copy of M/E No. 39,542 mailed attorneys, wet, 

Motion for certification of class filed by plaintiffs; referred to 
Magistrate; notice mailed apromens wet, 
Appearance of Counsel for plainti fs fied by Jack Greenberg, James 

M. Nabrit, III and Charles E. Williams, III, Ajr 

Motion to extend time in which to answer certain interrogatories 
filed by plaintiffs, Referred to Magistrate on 1-7-7 

Motion to extend time for plaintiffs to answer interrogatories 
GRANTED to January 8, 1976, Notices mailed to attorneys, Jb 

Answer to plaintiffs! third discovery notice filed by defendants, jb 

Supplemental Answers of plaintiff, Wiley L. Bolden, to defendants’ 

Supplemental Answers of plaintiff, Sherman Smith, to defendants! 

Supplemental Answers of plaintiff, John L. LeFlore, to defendants’ 

entered by Judge Pittman filed, coples of order mailed to attor- 
neys on 01-07-76 by Mrs. Madge Andress, grs. 

Mo tion to dismiss plaintiffs RODNEY O. TURNER & CHARLES JOHNSON 
6 is GRANTED, Notices mailed to attorneys, J 
that plaintiffs may maintain this action as a class 

action, Minute Entry No. 39,816; copies mailed to attorneys 
Motion to compel compliance filed by defendants, Referred to 

(SEE CONTINUATION SHEET) 

Answers and objections of plaintiff, ST LEE ‘TAYLOR, to defendants! 

ORDER entered on defendants' motion compelling plaintiffs, WILEY L. 
BOLDEN, REVEREND R. L. HOPE and SHERMAN SMITH, to answer certain 
interrogatories that said plaintiffs are ORDERED that they answer 
interrogatories as set out in order; plaintiffs are further ORDERED 
to file written answers within 20 days of this order; Defendants’ 
motion is DENIED as to those numbered interrogatories as more fully | 

set out in order and plaintiffs! objections are sustained; M/E No. 

65, Jb 

filed by other plaintiffs, o'b 
o'b 

pretrial set 4th day of February, 197¢ 

b 

Ajr     
CERTIFLS A TRUE copy 
hid opis vg 

ay 
  

Deputy Clep 

 



IVIL DOCKET CONTINUATION SHEET 
  

      

i 

| PLAINTIFF DEFENDANT | 

| pocket no. 19-297 H | 
| WILEY L. BOLDEN, ET AL CITY OF MOBILE, ALABAMA ; 

PAGE Y~ OF _____ PAGES 
t J 

DATE NR. PROCEEDINGS 

  

1-20-76| 63 | Supplemental answers to defendants' interrogatories filed by 
plaintiff, jb 

64 | Supplemental answers to defendants’ interrogatories filed by 
plaintiff, jb 

1-21-76| 65 | Motion to compel defendants to answer interrogatories and produce 
documents filed by plaintiffs, Referred to Magistrate, jb 

1-26-76| 66 | Motion to dismiss certain plaintiffs without prejudice filed by 
plaintiffs, jb 

67 | Supplemental answers to defendants' interrogatories filed by 
defendant PURIFOY, jb 

68 | Supplemental answers to defendants' interrogatories filed by 
: defendant TAYLOR, Jb ges 
69 | Supplemental answers to defendants' interrogatories filed by 

defendant LeFLORE, Jb : 
1-28-76| 70 | Supplemental answer to Plaintiffs' Third Discovery Notice filed 

defendants, (Je) 
1-29-76| 71 | Supplemental answers of plaintiff to defendants' interrogatories 

: + |' filed by plaintiff MAXWELL, jb 
72 Supplemental answers of plaintiff to defendants' interrogatories 

2-03-76 Deposition’ ob BoRTSRT ARES: sBrETT VOYLES filed, grs. 
2-3-76 73 {Joint Pretrial Document filed by parties, wet, 

2--4-76 CASE PRE TRIED ON 4 FEB. 1976 BY JUDGE VIRGIL PITTMAN. (W.J.O.) 
D2-05-74 T4 |ORDER entered on pertrial hearing, copies mailed to attorneys by 

Mrs. Madge Andress, grs. : 
2-17-76] 75 |Amended Motion to compel defendants to answer interrogatories and 

produce documents filed by plaintiffs, Referred to Magistrate on 
2-19-7 b 

2-19-76] T6 Poors lth plaintiffs! "Amended Motion to compel defendants to 
answer interrogatories and produce documents” filed by defendants, ] co’

 

2-25-76| TT | Specification of racially discriminatory acts filed by plaintiffs, wédt. 

3-8-76 | 78 | Amendment to response to "Discovery Notice 1", filed by defendants,wét. | 
3-10-76| 79 | Motion filed by plaintiffs on 2-17-76 is MOOT, Notices mailed to 

attorneys, jb 

3-12-76 Status Report, no problems, Judge Pittman to set date for trial, wet, 
13-12-76 Motion to dismiss certain plaintiffs without prejudice, filed by 

plaintiffs Jan. 26, 1976 submitted without argument, Ajr 
OL-02-76 80|Notice of taking the deposition of DR. JAMES E. VOYLES filed by 

I the plaintiff, ars. 
O4-07-7% 81| ORDER entered DISHMISSING plaintiffs RAYMOND SCOTT and ED WILLIAM 

without prejudice. See Min. Entry No. 40,441, copy railed to 
attorneys Stein, Blacksher, Still, Greenberg, Nabrit, Wiliiams, 
Bagwell, Arendall and Sheppard on OL-08-76, grs. 

L-2c-74 82 |Subjects of defense evidence as tc responsiveness filed bi: de’endant.f: 

5-11-74 83 |Notice of taking deposition of TONY PARKER filed by defendants, © 

5-17-74 8) [Notice of taking deposition of DR. ‘CHARLES COTRELL filed tv 
; defendants, jb ; : : ; 

5-00-74 85 |Notice of taking the deposition of DR. CHARLES COTRELI, Tiled by tre 
defendants, rs. 

6-16-76 Deposition of DR. MELTON ALONZA McLAURIN filed. mpc       DC-111A (Rev. 1/75) 

CERTIFIE A TRUE copy 
VILL: 

  
+ 0,COMNOR, erg 

: = 
By 

— a MW les 1 70, Deputy Clerk Ly 

 



  

CIVIL DOCKET CONTINUATION SHEET 
  

PLAINTIFF DEFENDANT 

DOCKET NO. 

PAGES OF PAGES         
PROCEEDINGS 

  

7-19-76 

7-21-76 

D9-09-74 
9-17-76 

9-15-76 
10-4-74 

10-13-76 

1 0-6-75 

0-14-76   
7-20-76 

93 

o4 

95 

96 
97 

101   

Submission of qualifications of experts filed by defendant, wi 
attachments, grs. 

Jitness list Tiled by plaintiffs, jb 
Notice of taking deposition of CAIN J. KENNEDY filed by plaintiffs, jo 

Notice of taking deposition of ROBERT EDINGTON filed by plaintiffs, ib 
Deposition of DR. CORT B. SCHLICHTING filed, mpc 
Deposition of ROBERT S. EDINGTON filed, mp 
Deposition of GARY COOPER filed, mpc 
Deposition of CAIN J. KENNEDY filed, mpc : > Plaintiffs, 

hr3ng forse Ses SO, Ie, A EC CLT WE OBES Shed 

completed at 5:10 P.M., Court recessed to 7-13-76 at 9:00 A.M., 
M/E No. 41,266-A; copy mailed attorneys on 7-15-76, wet, 

Trial resumed, witnesses examined, exhibits offered & Court recessed 
at 4:50 P.M, to 7-14-76 at 9:00 A,M.,, M/E No. U41,2685A; copy mailed 
attorneys on 7-15-76, wet, 

Trial resumed, witnesses examined, exhibited offered & Court recessed 
at 4:55 P.M. to Monday, July 19, 1976, at 9:00 A.M., M.E. No. 
41,289-A. Copy of M.E. 41,289-A mailed to Attorneys of Record on 
July: 21, 1976. (W.J.0.) SE 

Trial resumed, witnesses examined, exhibits offered & Court recessed 
at 5:00 P.M. to Tuesday, July 20, 1976, at 9:00 A.M., M.E. No. 

-A. LE. 41,303-A mailed to Attorneys of Record on 
1130378 19588Y (§F HMgBy 1.303 y 

Trial resumed, witnesses examined, exhibits offered & Court recessed 
at 4:45 p.m. to Wednesday, July 21, 1976, at 9:00 a.m., M. E. No. 
41,318-A. Copy of M. E. No. 41,318-a mailed to attorneys of 
record on July 23, 1976. Jjrb. 

Trial resumed, witnesses examined, exhibits offered & defendants 
rest at 5:02 p.m. The Court ordered that the trial be recessed 
to be set down for arguments at a later date. M. E. No. 41,323-B. 
Copy of M. E. No. 41,323-B mailed to attorneys of record on 
July 23, 1976. jib. 

Plaintiffs' submission of plans filed, grs. 
TRIAL RESUMED for post-trial arguments, arguments heard, and trial 

RECESSED to a later date for ar ents on the Plans submitted by 
the parties, (Minute Entry No. 41737-B). mpc 

Copies of Minute Entry No. 431737-B mailed to all attorneys of record 
mpc 

Continuation of Deposition of DR. CHARLES L. COTRELL filed, mpc 

Plaintiffs' interrogatories regarding attorneys' fees filed by 

plaintiff, Jjrdb. 

Answer and Objection filed by all defendants, (je) 

ORDER entered appointing JOSEPH N. LANGAN, ARTHUR R. OUTLAW and 
JAMES E. BUSKEY as committee to formulate plan for mayor-council 
form of government & committee is given target date to report to 
the court of 12-1-76; M/E No. 41,943-D; copy mailed attorneys on 
10-15-76, wet, 
Ssh of population estimates for Plan F, filed by plaintiffs, wi 

wet,   
 CERTIFio A TRUE COPY 
VILLA, § con, g | 
J lL Zs 

  

Deputy Cle 

    

 



  

CIVIL DOCKET CONTINUATION SHEET 
  
PLAINTIFF 

BOLDEN, WILEY L., ET AL 

DEFENDANT 

CITY OF MOBILE, ET AL 
  PAGE as OF aries PAGES   

5_2G7-P 
DOCKET No. (2-237 

  

DATE NR. PROCEEDINGS 

  

0-21-76 

10-22-75 

.0-28-76 

1-3-76 

1-17-76 

11-19-76 

11-18-76 

1-19-76   

102 

104 

105 

108| Notice of Appeal filed by defendants, wet, 

109| Security for costs on appeal filed by defendants, wet, 

110 

111 

103| JUDGMENT entered as set out in above opinion of 10/21/76; M/E No. 

Opinion and order with Findings of Fact and Conclusions of Law 
entered that there shall be elected in the August, 1977 municipal 
election, a mayor elected at-large and nine council members 
elected from nine single-member districts. Plaintiffs' claims 
for attorneys' fees & costs will be determined after a hearing 

on these issues, It is court's judgment that this decree this 
date is a final judgment & decree from whiwh an appeal may be 

taken. However, in event it is not a final decree, court ex mero 
motu pursuant to 28 USC 1292(V) finds that a controlling guesticn 
of law is involved. Court retains Jurisdiction of this action to 
secure compliance with its decree issued contemporaneously herewith 

& for such other & further relief as may be equitable & just; 
M/E No. 42,074; copy given this date to attorneys J. U. Blacksher 
and David Bagwell. On 10-22-76 copy mailed attorneys Edward Still 
and S, R., Sheppard, wet, 

  

42,080; copy mailed attorneys, wet, 

Amendment to correct opinion & order dated 10/21/76 as more fully 
described in amendment; M/R No. 42,123; copy mailed attorneys 
on 11-1-76, wet, 

PLANTIFFS' PLAN H filed, being a plan for nine districts in the City 
of Mobile and a ward breakdown showing the number of black citi- 
zens residing in each ward according to the 1970 census. (Map 
attached as Exhibit A, placed in red folder.) mpc 

Mmtion to reconsider order of October 21, 1976 filed by defendants 

(intervenors) Ajr 
Motion to intervene as defendants under Rule 24, filed by intervenors 

Chris M. Zarocostas, Joe Sirmon and Mike Jacobs AJjr 

Copy of Notice of Appeal and certified copy of docket entries 
to Clerk, 5th CCA, wet, 

Copy of Notice of Appeal mailed attorneys for appellees (plaintiffs), 
wet, ? 

AMENDMENT to the.opinion and order of 10/21/76 entered as more fully 
set "out in amendment; M/E No. 42,272-B; copy mailed attorneys 
on 11/19/76, wet, 

AMENDMENT to the judgment entered 10/21/76 entered as more fully set 
out in amendment; M/E No. 42,272-A; copy mailed attorneys on 
11/19/76, wet, 

Motion to reconsider order ff 10/21/76 filed by defendants-intervend 
is argued and TAKEN UNDER SUBMISSION, wet, 

Motion to intervene as defendants under Rule 24 filed by intervenors 
CHRIS M. ZAROCOSTAS, JOE SIRMON and MIKE JACOBS is argued and 
TAKEN UNDER SUBMISSION, wet, 

CC-111A REV. (1/75)     
   



  

Ly» 

CIVIL DOCKET CONTINUATION SHEET FOL Wied '% TE STW 2E   
“PLAINTIFF 

BOLDEN, WILEY L., ET AL CITY OF MOBILE, ET AL 

DEFENDANT 
DOCKET No. 19-287-P 

PAGE «OF.  ... PAGES       
DATE NR. PROCEEDINGS 
  
  

2-2-T7T7 126 

29-15-77. 157 

3..17~T7 

2-28-71 

Sunn? 

3-4-77 

3-9-77 p28 

3-18-77 129 

130 

3-23-77[131 

3-23-77 

L.7-77 | 132 

ORDER entered that motion to intervene filed by HENRY REMBERT, 
EXECUTIVE SECRETARY OF THE GULF COAST PARENT ACTION LEAGUE on 
1-4-77 & amended on 1-17-77 is DENIED; M/E No. 42,840-D; on 2-4-77, 

copy mailed attorneys and Henry Rembert, wet, 

Stipulation for temporary retention of record filed by parties, wet, 

Certified copy of docket entries mailed to Clerk, 5th CCA and 

to attorneys, wet, 
Depositions of GROVER CLEVELAND THORNTON, III, ROBERT S. VANCE, 

JAMES A. HARRIS, JR. & EDWARD MALCOLM FRIEND, 17, gre 
On 2 Mar, 1977 received from the U.S. Court of ’Appedls, Fifth Cir- 

cuit, an ORDER reading as follows: "ORDER: IT IS ORDERED that 
appellants’ motion to enlarge the time for the filing of the 
record on appeal including the court reporter's transcript to 
and including March 4, 1977, is GRANTED." (W.J.0.) 

Court Reporter's transcript of trial proceedings filed, 
1,503 pages, wet, 

ORDER entered adopting  JAEyorS council plan (Appendix A) and pla 
tiffs! plan for ning single-member council districts(iAppend 
and directing thaty€he regularly scheduled city electicns in 
August, 1977, and each four years thereafter, the City of Mobile 

shall elect nine members to a city council and eg meycr, One 
member of the City Council shall be elected by and from each 
district. The mayor is to be elected at-large. The Court 
reserved a decision upon the plaintiffs! claim for attorneys’ 
fees and out-of-picket expenses. (Minute Entry No. L3081). role 

Copies of Minute Entry No. 43081 mailed to all attorneys of record, 

NOTTOE OF “REPEAL from the order of March 9, 1977, the opinion and 
order entered on October 21, 1976 and the judgment entered on 
October 22, 1976 filed by defendants, lps 

Application for stay pending appeal, with brief attached, filed by 
defendants; referred to Judge Pittman, lps 

Plaintiffs' opposition to defendants' application for stay pending 

appeal filed, wet, 

Application for stay pending appeal filed by defendants on 2/18/77 

and plaintiffs' opposition to defendants' application for stay 

Ej) 

  pending appeal filed 3/23/77 are argued & TAKEN UNDER SUBMISSION, w 

ORDER entered STAYING the court's prior orders requiring z meyor- 
council election in August, 1977; directing that preczrations 
for elections under the city commission form of gcvernment 
shall be held as regularly scheduled in August, 1977, 211 pend- 
ing result of appeal to Fifth Circuit, (Minute Entry Ko. 43285) 
Copy of order delivered to J. U. Blacksher on 4- 7771 *o 0, EB. 
Arendall, Jr. on 4-B-77; copies mailed to attorneys Still, 

Greenberg, etc. and Sheppard on 4-11-77. mpc     
  

Si A TRUE a 

PRIME gw os N S- 
  

Deputy Clerk 

ee
 

v
a
r
a
 

 



  

CIVIL DOCKET CONTINUATION SHEET FPI-MI—3.14.75.30M-3511 

  

PLAINTIFF DEFENDANT 

  
DOCKET NO. 

PAGE _ _OF PAGES   
  

    

| 
Br 
pt 

PROCEEDINGS 
  
  

y1else 771133 | Notice of Appeal of order of 4-7-77 filed by PLAIDECEES. wet, 
Security for costs on appeal filed by plaintiffs; wet, 

4-26-77 

  

  

  

134 

135 

  

Stipulation for temporary retention of record filed by parties; wet, 

DC-111A REV. (1/75) 

CERTIFIED A 18 iy 

  

Fao Clerk al 

 



  

[1] 

  

10 

IN THE UNITED STATES DISTICT COURT FOR THE 
SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

  

WILEY L. BOLDEN, REV. R.L. HOPE, 
CHARLES JOHNSON, JANET O. LEFLORE, 
JOHN L. LEFLORE, CHARLES MAXWELL, 
OSSIE B. PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE TAYLOR, 
RODNEY O. TURNER, REV. ED WILLIAMS, 
SYLVESTER WILLIAMS AND MRS. F. C. 
WILSON , 

Plaintiffs; 

vs. CIVIL ACTION NO. 75-297 H 

CITY OF MOBILE, ALABAMA: GARY A. 
GREENOUGH, ROBERT B. DOYLE, JR., 
AND LAMBERT C. MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, 

u. s. DISTRICT COURT 

N
a
 

No
 

No
 

No
 

No
 

No
 

No
 

No
 

o
F
 

N
F
 
N
F
 
N
F
 
N
F
 
N
N
 

N
S
 
N
N
 

N
S
 
N
S
 

Defendants. SOU. DIST. ALA. 
FILED IN CLERK'S OFFICE 

JUN 9 
COMPLAINT 1975 

WILLIAM J, O'CONNOR 

Jurisdiction   

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. 

§§ 133 and 1343. The amount in controversy exceeds $10,000.00 

exclusive of interest and costs. This is a suit in equity arising 

out of the Constitution of the United States, the First, Thirteenth, 

Fourteenth, and Fifteenth Amendments, and 42.U.S.C. Sec. 1973, 1983 

and 1985 £3), 

11. 

Class Action   

Plaintiffs bring this action on their own behalf and on behalf 

of all other persons similarly situated pursuant to Rule 23 (a) and 

23 (b) (2), Federal Rules of Civil Procedure. The class which plain- 

tiffs represent is composed of black citizens of the City of Mobile, 

Alabama. All such persons have been, are being, and will be adverse- 

ly affected by the defendants' practices complained of herein. There 

are common questions of law and fact affecting the rights of the 

members of this class, who are, and continue to be, deprived of the 

equal protection of the laws because of the election system detailed 

below. These persons are so numerous that joinder of all members 

1 

 



  

11 [2] 

is impracticable. There are questions of law and fact common to | 

plaintiffs and the class they represent. The interests of said 

class are fairly and adequately represented by the named plain- | 

tiffs. The defendants have acted or refused to act on grounds 

generally applicable to the class, thereby making appropriate 

final injunctive relief and corresponding declaratory relief 

with respect to the class as a whole. 

III. 

Parties | 

A. Plaintiffs Wiley L. Bolden, Rev. R. L. Hope, Charles 

Johnson, Janet 0. LeFlore, John L. LeFlore, Charles Maxwell, ] 

Ossie B. Purifoy, Raymond Scott, Sherman Smith, Ollie Lee Taylor, 

Rodney O. Turner, Rev. Ed Williams, Sylvester Williams and Mrs. 

F. C. Wilson are black citizens of the City of Mobile, Alabama, 

over the age of 21 years. 

B. Defendants, Gary A. Greenough , Robert B. Doyle, Jr., 

and Lambert C. Mims are each over the age of 21 years and are 

bona fide citizens of Mobile, Alabama. The defendants are the 

duly elected City Commissioners of Mobile. 

1V. 

Nature of Claim 
  

A. The Mobile City Commission is the governing body of 

the City of Mobile, holding the legislative power granted to 

cities. In addition, its members perform certain administrative | 

ad executive functions. 

B. The Mobile City Commission is organized under Act 

163, Reg. Sess. 1911, as amended. 

GC The three (3) commissioners on the City Commission are 

elected at large to numbered places. 

D. The City of Mobile has a total population of 190,026, 

of whom 35.47% or 67,356 are black. Certain areas of Mobile are 

almost totally devoid of blacks, while others are virtually all 

black. Segregated housing patterns have resulted in concentra- 

tions of black voting power. 

(3) 

ot, 24 “ 

 



  

[3] 

  

12 

E. The present system of electing city commissioners dis- 

criminates against black residents of Mobile in that their con- 

centrated voting strength is diluted and canceled out by the white 

majority in the city as a whole. 

V. 

Plaintiffs and the class theyrepresent have no plain, 

adequate or complete remedy at law to redress the wrongs alleged 

herein, and this suit for a permanent injunction is their only 

means of securing adequate relief. Plaintiffs and the class they 

represent are now suffering and will continue to suffer irreparable 
described 

injury from the unconstitutional election system /herein. 

WHEREFORE, plaintiffs respectfully pray this Court to advance 

this case on the docket, order a speedy hearing at the earliest 

practicable date, cause his/o os in every way expedited and upon 

such hearing to: 

1. Grant plaintiffs and the class they represent a 

declaratory judgment that the election system com- 

plained of herein violates the First, Thirteenth, 

Fourteenth, and Fifteenth Amendments to the Consti- 

tution of the United States and 42 U.S.C. Secs. 1973, 

1983 and 1985(3). { 

25 Grant plaintiffs and the class they represent an 

order enjoining the defendants, their agents, succes- 

sors, attorneys and those acting in concert with them 

certifying the results of any election for the Mobile 

City Commission under the present at-large election ; 

system and from failing to adopt a plan of city govesn- 

ment using single-member districts. 

3 Award plaintiffs and the class they represent their 

costs in this action, including an award of reasonable 

attorneys' fees. 

 



13 [4] 

4. Grant such other and further equitable relief as 

the Court may deem just and proper. 

CRAWFORD, BLACKSHER & KENNEDY ' 
1407 DAVIS AVENUE 
MOBILE, ALABAMA 36603 

By: 
1U, B R | 

EDWARD STILL, ESQ. 
321 Frank Nelson Building 
Birmingham, Alabama 35203 

Attorneys for Plaintiffs 

 



  

[19] 

  

1 4 
i we 

IN THE UNITED STATES DISTRICT COURT 
  

FOR THE SOUTHERN DISTRICT OF ALABAMA 
  

SOUTHERN DIVISION 
  

WILEY L. BOLDEN, REV. R.L. HOPE, : CIVIL ACTION NO: 75-297-H 
CHARLES JOHNSON, JANET O. LEFLORE, 
JOHN L. LEFLORE, CHARLES MAXWELL, 
OSSIE B. PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE TAYLOR, 
RODNEY O. TURNER, REV. ED WILLIAMS, 
SYLVESTER WILLIAMS AND MRS. F.C. 
WILSON, 

. U: S. DISTRICT COURT 
Plaintiffs ' SOU. DIST. ALA. 

; FILED IN CLERK'S OFFICE 

VS: 

JUL 221975 
CITY OF MOBILE, ALABAMA, GARY A. 
GREENOUGH, ROBERT B. DOYLE, JR., : 
AND LAMBERT MIMS, individually WILLIAM J. O'CONNOR 
and in their official capacities : CLERK 
as Mobile City Commissioners, 

Defendants. 

MOTION TO DISMISS 
  

Comes now each defendant in the above-styled cause, jointly 

and severally, and moves the court to dismiss this cause upon 

the following grounds: 

1. The complaint fails to state a claim upon which re- 

lief can be granted. 

v2. Insofar as this action is against the City of Mobile 

and is based upon 42 U.S.C. §1983, the complaint fails to state 

a claim upon which relief can be granted. 

d3. Insofar as this action is based upon 42 U.S.C. §1985 

(3), the complaint fails to state a claim upon which relief can 

be granted. 

4. Insofar as this action is based upon 42 U.S.C. §1973, 

the complaint fails to state a claim upon which relief can be 

granted since the complaint affirmatively shows that no plaintiff 

is among those empowered to bring enforcement actions under any 

  

( 5 After Argument. 
S Se fITTED { > olin 

4 ) On Briefs. 
ole; dR 
By Direction Lhe Court. as 

a : 
Witliam J. 0’Connor, Gok 15 

(13 

 



  

15 [20] 

provision of the Voting Rights Act of 1965 other than Section 

5 thereof. : 

¥5. Insofar as this action is jurisdictionally based upon 

28 U.S.C. §1331, there is want of subject matter jurisdiction 

  

in this Court since it appears to a legal certainty that the 

claim of each class member is in reality for less than the 

requisite jurisdictional amount in controversy. 

6. Insofar as this action is against the City of Mobile 

and is based upon a remedy inferred from the Constitution, cog- 

nizable under 28 U.S.C. §1331, the complaint fails to state a 

claim upon which relief gan Be granted. 

7. Insofar as this action is brought under 42 U.S.C. 

§1973, the complaint fails to state a claim upon which relief 

can be granted, since that statute creates no new right the 

violation of which is actionable, but instead only a new remedy 

to implement previously held rights. 

J 
Charles renda 
30th Floor - First fiational Bank Building 
Mobile, Alabama 36602 

Attorney for Defendants 

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

SK. Sheppatd Com 
Attorney for Defendants 

  

OF COUNSEL: 

LEGAL DEPARTMENT OF THE CITY 
OF MOBILE 

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on this 2 day of 
19___, served a copy of the foregoing pleading on counsel for all 
parties to the proceeding, by mailing the same by United States 
mail properly addressed, and first class postage prepaid. 

9 

  

Charles B, Arendall, i 

 



  

By Uirection of theé/Court. 

PTTL] a —— 

William J. 0'Connorv/Clerk 

le 

IN THE UNITED STATES DISTRICT COURT 
  

FOR THE SOUTHERN DISTRICT OF ALABAMA 
  

SOUTHERN DIVISION 
  

WILEY L. BOLDEN, REV. R.L. HOPE, 

CHARLES JOHNSON, JANET O. LEFLORE, 
JOHN L. LEFLORE, CHARLES MAXWELL, 
OSSIE B. PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE TAYLOR, 
RODNEY O. TURNER, REV. ED WIL- 
LIAMS, SYLVESTER WILLIAMS AND 
MRS. F.C. WILSON, 

Plaintiffs, 

vs. 

CITY OF MOBILE, ALABAMA, GARY A. 
GREENOUGH, ROBERT B. DOYLE, JR., 
AND LAMBERT MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, . 

Defendants. 

MOTION TO 

CIVIL ACTION NO: 

75-297-H 
  

Us S. DISTRICT COURT 

Sou. DIST. ALA. 

FILED IN CLERK'S OFFICE 

JuL 22975 

'CONNOR 
WILLIAM J. O'CO CLERK 

STRIKE 
  

Comes now each defendant in the above-styled cause, 

jointly and severally, and moves the Court to strike from 

Plaintiffs' complaint the following prayers for relief: 

1. The injunctive relief prayed for in Paragraph V-2 

of the complaint, in which Plaintiffs seek to enjoin de- 

fendants "from failing to adopt a plan of city government 

using single-member districts. 

2. The demand for "an award of reasonable attorneys’ 

fees", contained in Paragraph V-3 of the complaint. 

«) After Broument, ( 
SUBMITTED ) Withort Seeument, 

) On Giigls, 

Date: hci a #2 7 LL] C   

bd 

21 

   



  

17 

Lis 2 Ltt, 
Charles B. Arendall, Jr. 
30th Floor =- First — Bank Building 
Mobile, Alabama 36602 

  

Attorney for Defendants 

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

SHA Shots £ 
S.R. Sheppard 
Attorney for nin 

  

OF COUNSEL: 

LEGAL DEPARTMENT OF THE CITY 
OF MOBILE 

CERTIFICATE OF SERVICE 
  

I do hereby certify that I have on this Wo Ra day 

os , 1975, served a copy of the foregoing pleading 

on counsel for all parties to this proceeding by mailing 

a copy of the same by United States mail, properly addressed 

and first class postage prepaid. 

Chibi Lovet] 
Charles B. Arendall, = 
  

22 

  

22]



[170] 

A 

  

18 

IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al., 

Plaintiffs, 

Y. CIVIL ACTION 

CITY OF MOBILE, ALABAMA, 
et al., 

No. 75-297-P 

N
a
 

or
 

ud
 

N
u
 

Na
 

N
u
 

a
 

a
 

au
 

Defendants. 

ORDER ON MOTION TO DISMISS 
  

The plaintiffs, black citizens of the City of 

Mobile, seek to bring this action as a class action 

on behalf of themselves and on behalf of all other 

black persons similarly situated, pursuant to Rule 23(a) 

and Rule 23(b)(2), Federal Rules of Civil Procedure. 

It is alleged that they, and all other such 

persons, have been, are being, and will be adversely 

affected by the defendants' practices complained of, 

to wit, they are and continue to be deprived of equal 

protection of the laws because of the election at large 

system of the City Commissioners to numbered places. It 

is claimed this discriminates against black residents 

of Mobile in that their concentrated voting strength 

is "diluted and cancelled out by the white majority." 

The plaintiffs seek the following relief: (1) 

a declaratory judgment that the election system violates 

the First, Thirteenth, Fourteenth, and Fifteenth Amend- 

ments to the Constitution of the United States and 

35 

176 

~
~
 

   



19 {171] 

42 U.S.C. §8§1973, 1983, and 1985(3); (2) issue an order 

enjoining the defendants, their agents, etc. from 

holding, supervising, or certifying the results of 

any election for the Mobile City Commission under the 

present at-large election system, and from failing to 

adopt a plan of City government using single member 

districts; (3) award the plaintiffs costs and a reason- 

able attorney's fee; (4) grant such other and further 

equitable relief as the court may deem just and proper. 

Jurisdiction is invoked pursuant to 28 U.S.C. 

§81331 and 1343. 

The motion to dismiss the City of Mobile as a 

party defendant answerable under Section 1983 is well 

taken and should be granted. It is clear that a muni- 

cipal corporation is not a 'person” within the meaning 

of 42 U.S.C. §1983, City of Kenosha v. Bruno, 412 U.S.   

507 (1973), 37 L.Ed.2d 109, 93 S. Ct. 2222; Monroe v. 

\ Pape, 365 U.S. 167 (1961), 5 L.Ed2d 492, 81 S. Ct. 473. 

The motion to dismiss the City of Mobile under 

§1985(3) is due to be granted. The City of Mobile is 

not a "person” within the meaning of that section. 

Bosely v. City of Euclid, 496 F.2d 193 (6th Cir. 1974); 
  

Mack v. Lewis, 298 F. Supp. 1351 (D.C. Ga. 1969). 
    

Furthermore, a claim against any defendant is 

not stated pursuant to that section. 

In Westberry v. Gilman Paper Co., 507 F.2d 206, 
  

~ 

‘214 (1975), the Fifth Circuit summarized a 1985(3) 

\ cause of action as follows: 

| 2s 

17} 

 



  

[172) 

  

20 

"This requires that the complaint 
show that there was a conspiracy; 
that such a conspiracy be for the 
purpose of depriving an individual 
of the equal protection of the 
laws; that the co-conspirators 
acted in furtherance of their con- 
spiracy, and that the plaintiff 
was injured in his person or prop- f 
erty or actually deprived of a 
citizen's right or privilege. 
Second, as the Supreme Court noted 
in Griffin: [T]he language of 
[of 1985(3)] requiring intent to 
deprive of equal protection or 
equal privileges, and immunities 
means that there must be some 
racial or perhaps otherwise class 
based invidiously discriminatory 
animus behind the conspirators’ 

”" 

action. '= 

  

1/ See Griffin v. Breckenridge, 403 U.S. 88. 
  

Plaintiffs have not set out sufficient allegations 

of a conspiracy to meet this test. They only allege that 

the election system discriminates against them. [Com- 

plaint IV-E] Therefore, insofar as the action is based 

on 42 U.S.C. §1985(3), the complaint fails to state a 

cause of action and the motion to dismiss this cause 

of action as to all defendants in the complaint is well 

taken and is GRANTED. 

The defendants' motion to dismiss the cause 

of action under the Voting Rights Act of 1965, 42 U.S.C. 

§1973 is not well taken and the motion is DENIED as to 

all defendants. 2/ 
  

2/ See the amendment to the Act approved August 6, 1975: | 
"Section 401. Section 3 of the Voting Rights Act of 
1965 is amended by striking out 'Attorney General' the ; 
first three times it appears and inserting in lieu 
thereof the following 'Attorney General or an aggrieved 
person.’ U. S. Code Congressional and Administrative 
News, P.L. 94-73, 89 Stat. 404. 

  

5 172 

 



21 [173] 

Therefore, under 28 U.S.C. §1343(4), this court 

has jurisdiction of all defendants including the City 

of Mobile as to this cause of action. 

Since this court has jurisdiction under §1343(4), 

it is unnecessary to discuss the jurisdictional issue 

under 28 U.S.C... $1331. 3/ Therefore, motion of defendants 

  

3/ The complaint alleges an amount in controversy of 
$10,000 or more, but briefs claim the jurisdic- 
tional amount is based on a $10,000 loss to defendants 
rather than to the plaintiffs. For a good discussion 
of the right to proceed under §1331 with less than 
the $10,000 jurisdictional amount, see Cortright v. 
Resor, 325 FP. Supp. 797 (D.C. N.Y. 19717 at p.. 503. 
The case was reversed for other reasons. 

  

as to the cause of action under §1973 and the attack of 

the jurisdiction as to §1343(4) is not well taken and 

is hereby DENIED. 

The defendants' motion to strike attorneys' fees 

and the injunctive relief prayed for in paragraph V-2 

is DENIED. 2 

  

4/ See the amendment to the Act approved August 6, 1975. 
"Section 402. Section 14 of the Voting Rights Act 
of 1965 is amended by adding at the end thereof the 
following new subsection: (e) In any action or pro- 
ceeding to enforce the guarantees of the fourteenth 

of fifteenth amendment, the court, in its discretion, 
may allow the prevailing party, other than the United 
States, a reasonable attorney's fee as part of these 
costs. Supra, footnote 2. 

  

Done, this the s lol day of November, 1975. 

U. 8! DISTRICT COUKY 
SOU. DIST. ALA. 3Y Cece 

FILED AND ENTERED THIS THL UNIPTED STATES DISTRICT JUDGE 
187° DAY OF NOVEMBER __ 
1975, LLNUTS ENTRY 

NO. . 3937 dm 
WILLIAIT J. O'CONNOR, CLERK 

oy Sr react th a : 7 DROUTY CLERK 173 

   



  

[184] 22 

  

IN THE UNITED STATES DISTRICT COURT 
  

  

FOR THE SOUTHERN DISTRICT OF ALABAMA 

WILEY L. BOLDEN, 

at. al., 

Plaintiffs, 

vs. 

CITY OF MOBILE, 
et. al., 

Defendants. 

SOUTHERN DIVISION 
  

ANSWER 
  

CIVIL ACTION NO: 

15-297-P 
  

Us S: DISTRICT COURT 

SOU. DIST. ALA. 

FILED IN CLERK'S OFFICE 

pEC3 WM 

‘CONNOR WILLIAM J. OCONEE 

Come now the defendants, the City of Mobile, Alabama, 

and Gary A. Greenough, Robert B. Doyle, Jr., and Lambert 

C. Mims, individually and in their official capacities as 

Mobile City Commissioners, and, in answer to the named { 

plaintiffs' complaint, say: 

I. Jurisdiction 
  

FIRST DEFENSE 
  

Defendants admit that this Court has subject matter 

jurisdiction of this cause insofar as it is a claim against 

the said commissioners under 42 U.S.C. §1983, jurisdic- 

tionally premised upon 28 U.S.C. §1343. In all other re- 

spects the allegations of Section I of the complaint are 

¥0 3 

 



23 [185] 
«De 

denied. 

II. Class Action 
  

1. Defendants admit that the named plaintiffs pur- 

port to represent a class composed of all black citizens 

of the City of Mobile, but deny that this action may properly 

be maintained as a class action on behalf of such persons. 

2. Defendants deny that blacks as such are adversely 

affected by any practices of defendants. 

3. Defendants deny that blacks are, or continue to 

be, deprived of the equal protection of the law in the 

City of Mobile. 

4. Defendants admit that the joinder of all members 

of the purported class would be impracticable. 

5. Defendants deny that the named plaintiffs may 

properly represent all black citizens of the City of 

Mobile. Defendants say, on the contrary, that the poli- 

tical ideas of the named plaintiffs with respect to the 

issue in this case are not shared by all blacks in the 

community; that there is disparity among black citi- 

zens, as there is among white citizens, with respect 

to the form of city government which is desired. 

6. Defendants deny that they have acted or refused 

to act on grounds generally applicable to the purported 

class. 

7. Defendants deny that injunctive or declaratory 

relief with respect to the purported class is proper. 

185  



  

[186] 

  

24 

Be 

8. Except as herein expressly admitted, defendants 

deny all allegations of Section II of the complaint. 

III. Parties. 

Defendants admit the allegations of Section III of 

the complaint. 

IV. Nature of Claim   

1. Defendants admit that the Mobile City Commission 

is the governing body of the City of Mobile by virtue of, 

but only to the extent allowed by, statutes enacted from 
— A a — 

  

time to time by the Legislature of the State of Alabama. 

Pursuant to such statutes, the commission performs certain 

executive and administrative functions and holds limited 

legislative powers. Plenary legislative authority over the 
Fe ————" 

affairs of the city is vested in the Legislature of the 

State of Alabama. The three city commissioners are elected 

at large to numbered places, each of which has different 

legally specified functions. Certain sections of the city 

are predominantly white and others are predominantly 

black, but such sections are scattered over the city and 

there is no geographical area of substantial size in which 

both whites and blacks do not reside. 

2. Except as herein expressly admitted, defendants 

deny all allegations of Section IV of the complaint. 

V. Relief 

Defendants deny the allegations of Section V of the 

186 

 



25 [187] 

complaint and deny that the relief sought by the named 

plaintiffs is necessary or proper. 

SECOND DEFENSE 
  

All aspects of the government of the City of Mobile 

are subject to determination by the Legislature of the 

State of Alabama. In the exercise of its discretion, the 

mission form of government, as distinguished from a Mayor- 

Council or Mayor-Aldermen or City Manager form, and has 

specified the number of commissioners and the method to be 

used in electing them. Under our federal constitutional 

system, the determination of such matters is committed to 

\state government and its components for resolution. The 
a 

system chosen by the Legislature does not unconstitutionally 

deprive any of the many identifiable segments of the community 

from equal access to the electoral process, or discriminate 

for or against any such segment, and the continued existence 

of such system should be permitted by the judicial branch 

of the United States government. 

THIRD DEFENSE 
  

The choice of the form of city government is a politi- 

cal issue committed under our federal system to the states 

for resolution and, in the case of the City of Mobile, the 

issue has been resolved by the Legislature of the State of 

Alabama in favor of a City Commission form of government 

 



  

[188] 

  

26 

elected at large. If the named plaintiffs, or any other 

black citizens of the City, desire to change Mobile's 

by the Legislature, which has authority over such matters 

and in which blacks from Mobile are currently serving as 

elected members. 

FOURTH DEFENSE 
  

The relief sought by plaintiffs in this cause ought 
| 

not to be granted because it would effect a deprivation 

of due process and equal protection of law, since if each 

commissioner were required to be elected from a single- 

member district, without a change in the statutory duties 

ofathie respective city commissioners, each commissioner, 

managing a particular function of city government (e.g., 

finance), would be directly responsible only to one of 

three geographical districts of the city. The result 

would be that the remaining portions of the city would 

have no vote at all either for or against such commissioner, 

who would execute policies of government without respon- 

sibility to two-thirds of those governed. 

FIFTH DEFENSE 
  

The relief sought by plaintiffs in this cause ought 

not to be granted because, in order for amy court-ordered 

single-member district plan to be imposed that would avoid 

the existence of a city government without electoral re- 

sponsibility and consequent deprivation of due process and 

 



equal protection of law, it would be necessary to change 
—— 

the form of city government validly enacted by the Legis- 

lature of Alabama from a city commission form to some 

other form of government. The choice of a form of city 

government is a function which our federal constitution 

entrusts to state government and its components, and 

the imposition of a different form of city government 

by a United States Court would violate established consti- 

tutional principles of comity and federalism. 

  

C.B, Arendall, Jr. I 
30th Floor, First National Bank Bldg. 
Mobile, Alabama 36602 
Attorney for Defendants 

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

  

OF COUNSEL: 

LEGAL DEPARTMENT OF 
THE CITY OF MOBILE 

CERTIFICATE OF SERVICE 
  

A 

I do hereby certify that I have on this / day of 
fir 1975, served a copy of the foregoing pleading 
on counsel for all parties to this proceeding, by mail- 
ing a copy of the same by United States mail, properly 
addressed and first class postage prepaid. 

C.B. Arendall, 7 
  

189 

 



  

[332] 

    
  

28 

IN THE UNITED STATES DISTRICT CUURT FOR THE 
SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVIHION 

WILEY L. BOLDEN, ET AL, 

Plaintiffs 3 

va : CIVIL ACTION NO. 75-297 PF 

CITY OF MOBILE, ALABAMA, H 

ET AL, 

} 

Dafendants 

RBER 

The plaintiffs have filed a motion for an order 

certifying that they may maintain this action as a class action 

under Rule 23(b) (2) of the Federal Rules of Civil Procedure. 

The Court having considered the motion, oral argument | 

and briefs of the parties certifies that the plaintiffs may | 

maintain this action as a class action. 

The plaintiff class for the purposes of injunctive 

relief under Rule 23(b)(2) F.R.Civ.P. is defined by the Court | 

as all black persons who are now citizeas of the City of 

Mobile, Alabama. 

The Court finds that this class action complies 

with the requirements of Rule 23(a) and (Db) (2) F.R.Civ.P. and 

that the named plaintiffs have the standing to raise the issues 

for the purpose of injunctive relief. 

DONE at Mobile, Alabama, this [9% day of 

: , 1976. rae rr os 

a hg meEgED THIS THE : i STATES BIEHECT- JRE 

MINUTE RE) | 

a | 
Deputy Clerk | 

  

  

  

  

bl 

 



29 [543] 

IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al., 

Plaintiffs, 
CIVIL ACTION 

Vv. 
No. 75-297-P 

CITY OF MOBILE, ALABAMA, 
et al., 

N
a
”
 

N
u
 

Nu
? 

u
t
 

N
a
 

Na
 

a
 

t
t
 

Defendants. 

On October 6, 1976, the plaintiffs and defendants, 

in pursuance of the court's instructions, submitted 

three nominees each of persons to be considered for 

membership on the three-person committee to formulate 

a plan for mayor-council form of government with single 

member districts. The plan is subject to the approval 

of the court. 

The court on that date appointed Mr. Joseph N. 

Langan, former commissioner and mayor, as a member and 

chairman of the committee, and Mr. Arthur R. Outlaw, 

former commissioner and mayor. Mr. Langan and Mr. 

Outlaw were recommended by the defendants City of 

Mobile. 

The court also appointed Mr. James E. Buskey, 

a black representative to the State Legislature from 

House District 99 in Mobile County, wt wre rotten dod Coy 

: ! They were requested to keep a log of their time 

and to seek expert professional assistance if they 

100  



  

[544] 

  

ww
 

oO
 

deemed it necessary. They were requested to ask such 

experts to keep a log of their time and to inform 

them that their fees were subject to approval by the 

court. They were also instructed that they may seek 

such advice and assistance from any source they deemed 

appropriate. They were instructed that in case of 

disagreements, the majority vote would prevail. 

The committee was given a target date to report 

to the court of December 1, 1976. 

  a 

U. S. DISTRICT COURT 

SOU. DIST. ALA. 

PILED AUD PNTTDRED THIS THE ) : 

Ff DAY OF ..oeIcfer 

19 %., MINUS BUTRY 
NO. gE oD 
WILLIAZL J. CONNOR, CLERK 

BY 2% cL 
  

" DEPUTY CLERK 

 



31 [548] 

IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

| SOUTHERN DIVISION 

WILEY L. BOLDEN, REV. R. L. 
HOPE, CHARLES JOHNSON, JANET 

| 0. LeFLORE, JOHN L. LeFLORE, 
CHARLES MAXWELL, OSSIE B. 
PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE 
TAYLOR, RODNEY O. TURNER, 
REV. ED WILLIAMS, SYLVESTER 
WILLIAMS AND MRS. F. C. WILSON, 

Plaintiffs, 
CIVIL ACTION 

No. 75-297-P 
CITY OF MOBILE, ALABAMA: GARY 
A. GREENOUGH, ROBERT B. DOYLE, JR., 
and LAMBERT C. MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, 

N
e
 

N
a
?
 
N
t
 

No
 

N
a
 

No
 

a
 

Na
 

Np
 

a
 

a
 

Na
 

a
 

N
t
 

Na
t 

No
 

oF
 

e:4 Defendants. 

OPINION AND ORDER 
  

This action is brought by Wiley L. Bolden and | 

other black plaintiffs representing all Mobile, Alabama, 

blacks as a class, claiming the present at-large system 

of electing city commissioners abridges the rights of 

the city's black citizens under the First, Thirteenth, | 

Fourteenth, and Fifteenth Amendments to the Constitution 

of the United States; under the Civil Rights Act of 1871, 

42 U.S.C. §1983; and under the Voting Rights Act of 

1965, as amended, 42 U.S.C. §1973, et seq. 

Plaintiffs alleged that the existing commission 

7” 

form of government elected at-large . . . discriminates 

against black residents of Mobile in that their concen- 

 



  

[549] 

  

32 

trated voting strength is diluted and canceled out by 

the white majority in the City as a whole" with a con- 

sequent violation of their rights under the above 

Amendments to the Constitution. It is also claimed 

that their statutory rights under 42 U.S.C. §§ 1973, 

et seq. [Voting Rights Act of 1965] and 1983 [Civil 

Rights Act of 1871] were violated. Jurisdiction is 

premised upon 28 U.S.C. §1343(3) and (4). 

This court has jurisdiction over the claims 

based on 42 U.S.C. §1983 against the City Commissioners 

and over the claims grounded on 42 U.S.C. §1973 against 

all defendants under 28 U.S.C. §1343(3)-(4) and §2201. 

This cause was certified as a class action under 

Rule 23(b)(2), F.R.C.P., the plaintiff class being all 

black persons who are now citizens of the City of Mobile, 

Alabama. \ 

A claim originally asserted under 42 U.S.C. 

§1985(3) was dismissed for failure to state a claim upon 

which relief can be granted. 

Defendants are the three Mobile City Commissioners, 

sued in both their individual and official capacities. 

The prayed-for relies consists of, (1) a declara- 

tion that the present at-large election system is un- 

constitutional, (2) an injunction preventing the present 

commissioners from holding, supervising, or certifying 

any future city commission elections, (3) the formation 

of a government whose legislative members are elected 

from single member districts, and (4) costs and attorney 

-9- 

 



33 [550] 

fees. 

Plaintiffs claim that to prevail they must 

prove to this court's satisfaction the existence of 

the elements probative of voter dilution as set forth 

by White v. Regester, 412 U. 8. 755, 93 8S. Ct. 2342, 
  

37 L.Ed.2d 314 (1973), and Zimmer v. McKeithen, 485 
  

F.2d 1297 (5th Cir. 1973) (en banc), aff'd. sub nom. 

East Carroll Parish School Board v. Marshall, U.S. 

, 96 S. Ct. 1083, 47 L.Ed.2d 296 (1976), contending 

    

Zimmer is only the adoption of specified criteria by 

the Fifth Circuit of the White dilution requirements. 

The defendants stoutly contest the claim of 

unconstitutionality of the city government as measured 

by White and Zimmer. They contend Washington v. Davis, 

U.S. . , 96 S. Ct. 2040, 48 L.Ed.2d 597 (1976); 

  

  

erects a barrier since the 1911 legislative 

act forming the multi-member, at-large election of the 

commissioners was without racial intent or purpose. 

They assert Washington, supra, 96 S. Ct. at 2047-49, 
  

which was an action alleging due process and equal 

protection violations, held that in these constitu- 

tional actions, in order to obtain relief, proof of 

intent or purpose to discriminate by the defendants 
  

must be shown. Defendants state, therefore, that since 

the statute under which the Mobile Commission government 

operates was passed in 1911, with essentially all blacks 

disenfranchised from the electorate by the Alabama 1901 

convention, there could be no intent or purpose to dis- 

criminate at the time the statute was passed. Alterna- 

-3- 

358 

i
 

 



  

[551] 

  

34 

tively, however, defendants contend that if Washington 
  

does not preclude consideration of the dilution factors 

of White and Zimmer, they should still prevail because 

plaintiffs have not sustained their burden of proof 

under these and subsequent cases. 

Plaintiffs' reply is to the effect that Washington 
  

did not establish any new constitutional purpose princi- 

ple and that White and Zimmer still are applicable. If, 

however, this court finds Washington to require a show- 
  

ing of racial motivation at the time of passage, or 

merely in the retention of the statute, plaintiffs con- 

tend they should still oEavALL claiming the at-large 

election system was designed and is utilized with the 

motive or purpose of diluting the black vote. Plaintiffs 

claim that the discriminatory intent can be shown under 

the traditional tort standard. 

FINDINGS OF FACT   

Mobile, Alabama, is the second largest city in 

Alabama located at the confluence of the Mobile River 

and Mobile Bay in the southwestern part of the state. 

Mobile's 1970 population was 190,026 with approximately 

35.4% of the residents plat. | 

  

1/ Defendants' Exhibit No. 12. According to the 1970 
Federal Census, the City of Mobile had a total pop- 
ulation of 190,026 of whom 35.4%, or 67,356, were 
non-white. The evidence is clear that there are 
few non-whites other than blacks. 

  

 



  

35 {557} 

1973 Mobile County voters statistics estimate that 

89.6% of the voting age white population is registered 

to vote, 63.4% of the blacks are registered. (Plain- 

tiffs! Exhibit No. 7). 

Mobile geographically encompasses 142 square 

miles. Most of the white residents live in the southern 

and western parts of the city, while most blacks live 

in the central and northern sectors (Plaintiffs' Exhibit 

No. 58). Housing patterns have been, and remain, highly 

segregated. Certain areas of the city are almost totally 

devoid of black residents while other areas are virtually 

all black. In a recent study by the Council on Municipal 

Performance, using 1970 block census data, Mobile was 

found to be the 95th most residentially segregated of 

the 109 municipalities surveyed (Plaintiffs' Exhibit 

No. 59). According to a study performed by the Universi- 

ty of South Alabama Computer Center for the defendants, 

the housing patterns in the city are so segregated it 

is impossible to divide the city into three contiguous 

zones of equal population without having at least one 

predominantly black district (Plaintiffs' Exhibit No. 60). 

Segregated housing patie have resulted in concentration 

of black voting power. 

Mobile presently operates under a three person 

commission-type municipal government adopted in 1911. 

(Ala. Act No. 281 (1911) p. 330). The commissioners 

are elected to direct one of the following three municipal 

departments: Public Works and Services, Public Safety, 

-5- 

 



    

2 
and Department of Finance.™ 

  

2/ When adopted in 1911, Mobile's commission government 
did not specify that a candidate must choose the 
particular commission position for which he was run- 
ning. Alabama Act No. 823 (1965), p. 1539, however, 
inter alia, required candidates to run for a partic- 
ular numbered position with specific duties. Each 
commissioner holds that position during the four 
years tenure with the mayorality rotating between 
commissioners every sixteen months. 

  

  

The commissioners run on a place-type ballot and 

are elected at-large by the voters of Mobile. While the 

commission candidates must be residents of Mobile, there 

is not now, or has there ever been, a requirement that 

each commissioner reside in a particular part of the 

city. The evidence clearly indicates that district 

residence requirements with district elections would be 

improvident and unsound for the commission form of 

government. 

In addition to the specific position for which 

a commissioner runs, each is also responsible for num- 

erous appointments to the 46 committees operating under 

the auspicies of the city. Some appointments are com- 

pletely discretionary with the commissioner whereas 

committees, such as the plumbing and air conditioning 

boards which require members with a certain amount of 

expertise, are filled with a nominee suggested by the 

local trade association. Often, the appointing com- 

missioner makes his appointment from the slate of nom- 

inees presented by the particular association. This 

means that if the nominating association does not propose 

a black as a committee member, the commissioner will not 

-6- 

 



37 

appoint one. It is, however, within the commission's 

power to modify or change the ground rules under which 

appointments are made. 

In Zimmer, supra, aff'd. sub nom. East Carroll   
  

Parish School Board, supra,('. . . but without approval 
  

of the constitutional views expressed by the court of 

appeals.’), the Fifth Circuit synthesized the White 

opinion with the Supreme Court's earlier Whitcomb v. 

Chavis, 403 U. S. 124, 91 S. Ct. 1858, 29 L.Ed.2d 363 

(1971), decision, together with its own opinion in 

Lipscombe v. Jonsson, 459 F.2d 335 (5th Cir. 1972) and 
  

set out certain factors to be considered. 

Based on these factors as set out in Zimmer, 

supra, at 1305, the court makes the following findings 

with reference to each of the primary and enhancing 

factors: 

LACK OF OPENNESS IN THE SLATING PROCESS 
OR CANDIDATE SELECTION PROCESS TO BLACKS. 
  

Mobile blacks were subjected to massive official 

and private racial discrimination until the Voting Rights 

Act of 1965. It has only been since that time that sig- 

nificant diminution of these discriminatory practices 

has been made. The overt forms of many of the rights 

now exercised by all Mobile citizens were secured through 

federal court orders together with a moral commitment of 

many of its dedicated white and black citizens plus the 

[554] 

i 

i 
i 

| 

t 

i 
| 
i 

 



  

[555] 

  

38 

power generated by the restoration of the right to vote 

which substantially increased the voting power of the 

blacks. Public facilities are open to all persons. 

Job opportunities are being opened, but the highly 

visible job placements in the private sector appear 

to lead job placements in the city government sector. 

The pervasive effects of past discrimination still 

substantially affects political black participation. 

There are no formal prohibitions against blacks 

3 
seeking office in sobite.¥ Since the Voting Rights 

—— 
  

3/ The qualifying fee for candidates for the city com- 
mission was found unconstitutional in Thomas v. 
Mims, 317 F. Supp. 179 (S.D. Ala. 1970). See also 
V. 5. v. State of Ala., 252 PF, Supp. 95 (M.D. Ala. 
1966) (three judge District Court panel) (poll 
tax declared unconstitutional). 

  

  

Act of 1965, blacks register and vote without hindrance. 

The election of the city commissioners is non-partisan, 

i.e., there is no preceding party primary and the candi- 

dates do not ordinarily run under party labels. However, 

the court has a duty to look deeper rather than rely on 

surface appearance to determine if there is true open- 

ness in the process and determine whether the processes 

"leading to nomination and election [are] . . . 

equally open to participation by the group in ques- 

tion. . . ." White, 412 U. S. at 766. One indication 

that local political processes are not equally open is 

the fact that no black person has ever been elected to 

the at-large city commission 

-8- 

535 

 



  

39 

office. This is true although the black population 

level is in excess of one-third. 

In the 1960's and 1970's, there has been general 

polarization in the white and black voting. The polari- 

zation has occurred with white voting for white and 

black for black if a white is opposed to a black, or 

if the race is between two white candidates and one 

candidate is identified with a favorable vote in the 

black wards, or identified with sponsoring particularized 

black needs. When this occurs, a white backlash occurs 

which usually results in the defeat of the black candidate 

or the white candidate identified with the blacks. 

Since 1962, four black candidates have sought 

election in the at-large county school board election. 

Dr. Goode in 1962, Dr. Russell in 1966, Ms. Jacobs i 

1970, and Ms. Gill in 1974. All of these black candi- 

dates were well educated and highly respected members 

of the black community. They all received good support 

from the black voters and virtually no support from 

whites. They all lost to white opponents in run-off elec- 

tions. 

Three black candidates entered the race of the 

Mobile City Commission in 1973. Ollie Lee Taylor, 

Alfonso Smith, and Lula Albert. They received modest 

support from the black community and virtually no sup- 

port from the white community. They were young, inexperi- 

enced, and mounted extremely limited campaigns. 

Two black candidates sought election to the Alabama 

State Legislature in an at-large election in 1969. They 

el) 

336 

[556] 

  

 



  

[557] 

  

40 

were Clarence Montgomery and T. C. Bell. Both were 

well supported from the black community and both lost 

to white opponents. 

Following a three-judge federal court order 

4 
in 1072 in which single -member districts were estab- 

  

4/ Sims v. Amos, 336 F. Supp. 924 (M.D. Ala. 1972). 
  

lished and the house and senate seats reapportioned, 

one senatorial district in Mobile County had an almost 

equal division between the black and white population. 

A black and white were in HE Pin OLE. The white won 

by 300 votes. There was no overt acts of racism. 

Both candidates testified or asserted each appealed to 

both races. It is interesting to note that the white 

winner palit a simulated newspaper with both can- 

didate's photographs appearing on the front page, one 

under the other, one white, one black. 

One city commissioner, Joseph N. Langan, who 

served from 1953 to 1969, had been elected and reelected 

with black support until the 1965 Voting Rights Act 

enfranchised large numbers of blacks. His reelection 

campaign in 1969 foundered mainly because of the fact 

of the backlash from the black support and his identi- 

fication with attempting to meet the particularized 

needs of the black people of the city. He was again 

defeated in an at-large county commission race in 1972. 

Again the backlash because of the black support sub- 

stantially contributed to his defeat. 

-10- 

357 

 



  

41 [553] 

In 1969, a black got in a run-off against a white 

in an at-large legislature race. There was an agreement 

between various white prospective candidates not to run 

or place an opponent against the white in the run-off 

so as not to splinter the white vote. The white won and 

the black lost. 

Practically all active candidates for public 

office testified it is highly unlikely that anytime in 

the foreseeable future, under the at-large system, that 

a black can be elected against a white. Most of them 

agreed that racial polarization was the basic reason. 

The plaintiffs introduced statistical analyses known 

as "regression analysis" which supported this view. 

Regression analysis is a professionally accepted method 

of analyzing data to determine the extent of correlation 

between dependent and independent variables. In plain- 

tiffs' analyses, the dependent variable was the vote 

received by the candidates studied. Race and income 

were the independent variables whose influence on the 

vote received was measured by the regression. There is 

little doubt that race has a strong correlation with 

the vote received by a candidate. These analyses 

covered every city commission race in 1965, 1969, and 

1973, both primary and general election of county com- 

mission in 1968 and 1972, and selected school board 

races in 1962, 1966, 1970, 1972, and 1974. They also 

covered referendums held to change the form of city 

government in 1963 and 1973 and a countywide legislative 

race in 1969. The votes for and against white candidates 

-11- 

558 

  

 



  

[559] 

  

42 

such as Joe Langan in an at-large city commission race, 

and Gerre Koffler, at-large county school board commis- 

sion, who were openly associated with black community 

interests, showed some of the highest racial polariza- 

tion of any elections. 

Since the 1972 creation of single -member district, 

three black of the present fourteen member Mobile County 

delegation have been elected. Their districts are more 

heavily populated with blacks than whites. 

Prichard, an adjoining municipality to Mobile, 

which in recent years has obtained a black majority 

population, elected the first black mayor and first 

black councilman in 1972. 

Black candidates at this time can only have a 

reasonable chance of being elected where they have Rt 

majority or a near majority. There is no reasonable 

expectation that a black candidate could be elected 

in a citywide election race because of race polariza- 

tion. The court concludes that an at-large system is 

an effective barrier to blacks seeking public life. 

This fact is shown by the removal of such a barrier, i.e., 

the disestablishment of the multi-member at-large elec- 

tions for the state legislature. New single member 

districts were created with vaca Wohpoliinins that 

offer blacks a chance of being elected, and they are 

being elected. 

The court finds that the structure of the at-large 

election of city commissioners combined with strong 

-12- 

839% 

 



  

43 [560] 

racial polarization of Mobile's electorate continues 

to effectively discourage qualified black citizens from 

seeking office or being elected thereby denying blacks 

equal access to the slating or candidate selection 

process. 

UNRESPONSIVENESS OF THE ELECTED CITY 
OFFICIALS TO THE BLACK MINORITY. 
  

The at-large elected city commissioners have 

not been responsive to the minorities' needs. The 

1970 population of the city is 64.5% white and 35.4% 

Blacks ’ 

  

5/ See Footnote 1, supra. 
  

The City of Mobile is one of the larger employers 

in southwestern Alabama. It provided a living for 

1,858 persons in 1975. 26.3% were black. It is signifi- 

cant to note, that if the lowest job classification, 

service/maintenance, were removed from our consideration, 

only 10.4% of the employees would be black. Likewise, 

removing the lowest salary classification, less than 

$5,900 per year, only 13.8% of all city employees are 

black. (Plaintiff's Exhibit No. 73). 

The Mobile Fire Department has only fifteen 

black employees out of a total of four hundred and 1 

thirty-five employees. It took an order of this court   in Allen v. City of Mobile, 331 F. Supp. 1134 (S/D Ala. 
  

-13- 

360 

 



  

[S61] 

  

44 

cert. denied 412 U.S. 909 (1973) 
1971, aff'd. 466 F.2d 122 (5th Cir. 1972),/to desegregate 

the Mobile Police Department. That order set out guide- 

lines designed to remove racial discrimination in hiring, 

promoting, assigning duties, and the rendering of ser- 

vices. The city is also operating under another court 

order enjoining racial discrimination, Anderson v. Mobile 
  

County Commission, Civil Action No. 7388-72-H (S/D Ala. 
  

1973). The municipal golf course was desegregated only 

after litigation in federal court, Sawyer v. City of 
  

‘Mobile, 208 F. Supp. 548 (S/D Ala. 1961). This court 

in Evans v. Mobile City Lines, Inc., Civil Action No. 
  

2193-63 (S/D Ala. 1963), dealt with segregation in 
City of 

public transportation, and in Cooke v./Mobile, Civil   

Action No. 2634-63 (S/D Ala. 1963), dealt with segre- 

gation at the city airport. = 

There are 46 city committees with a total member- 

ship of approximately 482. Forty-seven are black and 

435 are white. The total prior membership is 179 of 

which only 7 were black. (Plaintiffs' Exhibit No. 64). 

The Industrial Development Board has fifteen 

members and no blacks and concerns itself with imple- 

menting a state law known as the "Cater Act” and the 

authorization of the issuance of municipal bonds for 

various business enterprises. 

Seven committees were organized by private 

investment groups for the purpose of securing municipal 

bonding and the black-white makeup of these groups can- 

not be charged to the city commission. That total mem- 

=14-~ 

361 

 



  

45 [562] 

bership is 21. Although the membership of these seven 

committees cannot be charged to the city commissioners, 

the absence of blacks indicates the permeating results 

of past racial discrimination in the economic life of 

Mobile business. This is indicated both from the absence 

of blacks in the investment groups making use of munici- 

pal bonds and in that no black or black financial insti- 

tutions have been able to take advantage of municipal bonds. 

The Board of Adjustment, which consists of seven 

members, has one black. This is a critical board. It 

can grant variances from zoning laws and building codes 

‘involving less than two acres. The Codes Advisory 

Committee consists of 17 members and no blacks. This 

committee codifies all building regulations for all 

structures in the city. 

The Mobile Housing Board supervises public housing. 

Public housing is occupied predominantly by blacks. 

Fifty thousand persons, approximately 25% of Mobile's 

population, most of whom are black, cannot buy or rent 

without subsidies in the private sector, or live in sub- 

standard Rousing. of There is one black on that board 

  

6/ All of these are not in public housing. There are 
approximately 3,376 public housing units in the city 
with approximately 12,153 occupants. 

  

out of a membership of five. 

The Educational Board provides plans and means 

to aid its employees in a continuing education program. 

It has nine members, none of whom are black. The county   school system has approximately 55% white and 45% black 

-15-   

 



    

46 

7/ 
population. The black dropout rate from school is 

  

7/ The school system is countywide under the supervi- 
sion of the Board of School Commissioners. The 
school system was desegregated in the case of 
Birdie Mae Davis v. Board of School Commissioners, 
Civil Action No. 3003-63-H, pending, and is under 
the continuing supervision of this court. The 
city commission cannot be charged with any lack 
of responsiveness in the Birdie Mae Davis case. 
That case illustrates the permeation of racial 
discrimination in the city which constitutes two- 
thirds of the county's population. 

  

  

  

higher than whites, therefore, the continuing education 

is most important to them. 

There are several boards, to wit, Air-Conditioning, 

Architectural Board, Board of Examining Engineers, and 

Board of flectrical Examiners, which require special 

skills. There are 17 members of these boards, all 

white. National census figures indicate that there are 

far less blacks in skilled groups than whites. The court 

recognizes that qualified persons should be appointed, 

but black membership becomes critical on such committees 

because it is through these committees that licenses 

are granted to skilled occupations. The absence of 

blacks shows an insensitivity to this particularized 

need. 

The city has not taken - affirmative action to 

place blacks on these critical boards. 

Most of the other committees are of various 

social and cultural nature in the city. No effort has 

been made to bring blacks into the mainstream of the 

social and cultural life by appointing them in anything 

-16- 

963 

 



  

47 

more than token numbers. There are only three blacks 

out of 46 members on the Bicentennial Committee and 

only three out of 14 on the Independence Day Celebra- 

tion Committee. 

Primarily because of federal funding and prod- 

ding, the city's advisory group for the mass transit 

technical group has three blacks and five whites. 

Mobile was originally founded on the west bank 

of the Mobile River. The land elevation for most of the 

business and residential area until World War II was 

from zero to ten feet. There has been a substantial 

western expansion from the Mobile River and Bay which 

lies to the east. Elevation in most of these areas 

ranges from 40 to 50 feet, but in some of the areas 

it reaches as much as 160 feet. 

There are three principal watersheds in the 

Mobile area. ° :: Three Mile Creek, traverses the 

northern one-third of the city draining west to east. 

The southern one-third of the city is drained by Dog 

River running from west to east. The remaining one- 

third, which consists of old downtown and residential 

Mobile, drains east to the Mobile River. Mobile has 

an annual rainfall of 60 or more inches per year. It 

is subject to torrential downpours. All areas of Mobile, 

white and black, are traversed by open drainage ditches. 

All areas, white and black, are subject to standing water 

after torrential downpours with water in parts of all 

areas reaching the depth of one to two feet. 

-17- 

964% 

[564] 

  

 



  

[565] 

  

48 

Mobile has a master drainage plan to be im- 

plemented over a long period of time. Unfortunately, 

most of the black residential areas are drained by the 

Three Mile Creek. The drainage system for Three Mile 

Creek involves issuing bonds and financing by the 

city which involves millions of dollars projected over 

several years. There has not been overt gross discrim- 

ination against the blacks in connection with the drain- 

age project. However, almost all temporary relief in 

critical areas has been in the white areas. Somehow 

the white areas get relief with little temporary relief 

given the black areas. 

The resurfacing and maintenance of streets in 

black neighborhoods significantly suffers in comparison 

with the resurfacing of steets in white neighborhoods. 

The testimony and an in-person visit of these areas 

by the court sustains this conclusion. 

The U. S. Treasury Department, after a complaint 

filed by the NAACP, found racial discrimination in the 

city's resurfacing program. The city was advised by 

letter this would have to be corrected in order for the 

city to comply with the anti-discrimination provision 

of the Revenue Sharing Act. (Plaintiffs' Exhibit No. 111). 

The construction of = - first class roads, curbs, 

gutters, and underground storm sewers are closely re- 

lated to the drainage system. If this type of construc- 

tion is done in areas subject to repeated flooding, it 

is a waste of money. The court observed that on the 

-18- 

965 

 



  

49 [566] 

southside of Three Mile Creek near the Crichton area, 

which was formerly white - now mixed or predominantly 

black, in the areas near the creek and subject to 

flooding, the streets were paved with curb and 

gutters while on the northside, near the black Trinity 

Gardens area, only two streets have low-cost paving 

with curbs, gutters, and underground drainage. Most 

of the streets are unpaved. To put in first class 

paving in that black area would be unwise financially, 

but there is a significant difference and sluggishness 

in the response of the city to critical needs of the 

blacks compared to that in the white area. 

There is the same difference and sluggishness 

between whites and blacks in making provisional or 

temporary mitigating improvements pending development 

of the master drainage plan throughout the city. 

The Williamson School, in a predominantly black 

area, is in a densely populated residential and neigh- 

borhood business area. The houses are on lots large 

enough and far enough from the streets that the placing 

of sidewalks could be done without great difficulty. 

Children from low income families frequently walk or 

ride bicycles to and from school. Sidewalks are 

critical in such areas. There was a noticeable lack 

of sidewalks in and near the Williamson School. 

The lack of sidewalks in the Plateau area presents 

a different problem. The streets are narrow and the lots 

are small. The houses are built very close to the streets. 

-19- 

366 

 



  

[567] 

  

50 

The personal inspection by the court revealed the 

obvious difficulty in placing sidewalks in that area. 

Blacks in Mobile, and their neighborhoods, 

endure a greater share of infant deaths, major crimes, 

T.B. deaths, welfare cases, and juvenile delinquency 

  

than do whites in their neighborhoods. In The Neighbor- 

hoods of Mobile: Their Physical Characteristics and 
  

Needed Improvements (1969), the Mobile City Planning 
  

Commission in Table Q of the Appendix, rates the 78 

neighborhoods according to social blight. Nine of the 

14 most blighted neighborhoods were predominantly black. 

The causes of this blight are-multiple and it would be 

inaccurate to suggest that a single member district plan 

or the election of all black officials would correct 

them. Some of the causes, as the study in Table A 

indicates, include inadequate drainage, water, streets, 

sidewalks, and zoning. The city has a large responsi- 

bility in these areas. Although the city has not been 

totally neglectful, and the expense and problems are 

monumental, there is a singular sluggishness and low 

priority in meeting these particularized black neighbor- 

hood needs when compared with a higher priority of 

temporary allocation of resources when the white community 

is involved. 

The Park and Recreation Program has generally been 

administered in an evenhanded fashion, but a city pro- 

jected park development program in the western part of 

the city over a period of years involving large sums 

of money indicates an expansion in predominantly white 

-20- 

967 

 



51 [568] 

areas without a simultaneous consideration of the 

black area needs. 

The black community has long complained of police 

brutality. A number of investigations have been made 

by the FBI but no indictments or evidence has been 

uncovered to substantiate serious charges of this 

nature. On March 28, 1976, a black was arrested near 

the scene of an alleged burglary. On April 8, an 

attorney for the law firm of the plaintiffs' attorney 

in this case reported to the Police Commissioner that 

there had been an alleged attempted or "mock" lynching 

of the black person arrested. On April 9, a meeting 

was held between the commission, the black non-partisan 

voters league, the district attorney's office, the 

chief of police, and others concerning this instance. 

The blacks claimed the charges were so serious 

that the arresting officer should be suspended imme- 

diately. It is claimed by the plaintiffs that this 

officer at that time had pending against him a case of 

alleged police brutality.® The City Attorney immediately 

obtained some statements of the alleged "mock" lynching 

indicating there was substance in the charges. On 

April 13, that officer was discharged and seven others 

were suspended. Five indictments were returned in con- 

nection with the alleged "mock" lynching. The court 

does not deem it appropriate to make further comments 

concerning the details. Suffice it to ny there was 

a timid and slow reaction by the city commission to the 

-21- 

 



  

[569] 

  

52 

alleged "mock" lynching. 

The Police Department then instituted an investiga- 

tion on the older pending charges. As a result of the 

investigation, two officers were discharged and six were 

suspended, all in connection with charges of police 

brutality but concerning unrelated incidents occurring 

prior to the alleged "mock" lynching. 

Shortly thereafter there were twenty to thirty 

alleged cross burnings in Mobile and adjoining Baldwin 

County. Two of these were reported to have been in the 

City of Mobile. The lack of reassurance by the city 

commission to the black citizens and to the concerned 

white citizens about the alleged "mock lynching and 

cross burnings indicates the pervasiveness of the fear 

of white backlash at the polls and evidences a failure 

by elected officials to take positive, vigorous, affirma- 

tive action in matters which are of such vital concern 

to the black people. The sad history of lynch mobs, 

racial ‘discrimination and violence attributed to cross- 

burners or fellow-travelers, justifiably raises specters 

and fears of legal and social injustice in the minds 

and hearts of black people. White people who are com- 

mitted to the American ideal of equal justice under the 

law are also apprehensive. This sluggish and timid 

response is another manifestation of the low priority 

given to the needs of the black citizens and of the 

political fear of a white backlash vote when black citi- 

zens needs are at stake. 

-22- 

369 

 



  

53 [570] 

THERE IS NO TENUOUS STATE POLICY SHOW- 
ING A PREFERENCE FOR AT-LARGE DISTRICTS. 
  

There is no clear cut State policy either for 

or against multi-member districting or at-large elec- 

tions in the State of Alabama, considered as a whole. 

The lack of State policy therefore must be considered 

as a neutral factor. 

In considering the State policy with specific 

reference to Mobile, the court finds that the city 

commission form of government was passed in 1911. 

That law provided for the election of the city commis- 

sioners at-large. This feature has not been changed 

although there have been some amendments to designate 

duties for the commissioners as well as to designate 

numbered places. Beginning in 1819, the year Alabama 

became a state in the Union, until 1911, the great 

majority of the time the city operated under a mayor- 

alderman form of government. The election for the 

mayor and aldermen was either at-large or from multi- 

member districts or wards. The manifest policy of the 

City of Mobile has been to have at-large or multi- 

member districting. 

PAST RACIAL DISCRIMINATION 
  

Prior to the Voting Rights Act. of 1965, there 

was effective discrimination which preciuded effective 

participation of blacks in the elective system in the 

State, including Mobile. 

One of the primary purposes of the 1901 Constitu- 

tional Convention of the State of Alabama was to disen- 

-23- 

570 

 



  

[571] 

  

54 

franchise the blacks. The Convention was singularly 

successful in this objective. The history of discrim- 

ination against blacks' participation, such as the 

cumulative poll tax, the restrictions and impediments 

to blacks registering to vote, is well established. 

Local discrimination in the city and the county 

has already been noted in connection with the lawsuits 

concerning racial discrimination arising in this court, 

to wit, the Allen, Anderson, Sawyer, Evans, and Cooke,   

supra, cases. Preston v. Mandeville, 479 F.2d 127     

(5th Cir. 1973) was a countywide case involving racial 
” 

discrimination of Mobile's jury selection practices. 

Smith v. Allwright, 321 U. S. 649, 64 S. Ct. 757, 88 L.Ed.2d   

987, (1944) (white primaries) was applicable to Alabama 

and some Alabama cases of discrimination are Davis v. 

Schnell, 81 F. Supp. 872 (S/D Ala. 1949), aff'd. 336 U.S. 

933, 69 S. Ct. 749, 93 L.Ed. 1093 (1949), ("interpretation” 

tests for voter registration), Gomillion v. Lightfoot, 
  

3640. 8S. "339, 81 8. Ct. 125, 5°L.Ed.2d'110°(1960) 

(racial gerrymandering of local government), Reynolds v. 

Sims, 377 U. S. 533, 84 S. Ct. 1362, 12 L.Ed.2d 506 (1964) 

(racial gerrymandering of state government), and U. S. v. 

Alabama, 252 F. Supp. 95 (M/D Ala. 1966) (Alabama poll 

tax). : 

The racial polarization existing in the city 

elections has been discussed herein. The court finds 

that the existence of past discrimination has helped 

preclude the effective participation of blacks in the 

election system today in the at-large system of electing 

city commissioners. 

-24- 

571 

 



  

55 [572] 

In the 1950's and early sixties, prior to the 

Voting Rights Act of 1965, only a relatively small 

percentage of the blacks were registered to vote in 

8 
the county and city. 3 Since the 1965 Voting Rights 

  

8/ In the 1950's or 1960's the impediments placed 
in the registration of blacks to vote was not 
as aggravated in Mobile County as in some counties. 
It was not necessary for voter registrars to be 
sent to Mobile to enable blacks to register. 

  

Act, the blacks have been able to register to vote 

and become candidates. 

ENHANCING FACTORS   

With reference to the enhancing factors, the 

court finds as follows: 

(1) The citywide election encompasses a large 

district. Mobile has an area of 142 square miles with 

a population of 190,026 in 1970. 

(2) The city has a majority vote requirement. 

Alabama Acts 281 (1911) at 343, requires election of 

commissioners by a majority vote. 

(3) There is no anti-single shot voting pro- 

vision but the candidates run for positions by place 

9/ 
or number .— 

  

9/ The influence of this enhancing factor is minimal. 
Voters could scarcely make an intelligent choice 
for the best person to serve as a commissioner to 
perform specific duties, such as Department of 
Finance, without a numbered or place system. It is 
this writer's opinion, born out of 15 years experi- 
ence in a State judicial office subject to the elec- 

-25- 

372 

 



  

[573] 

  

56 

toral process, that the public's best interest 
is served, and it can make more intelligent 
choices, when candidates run for numbered posi- 
tions. The choices between candidates are 
narrowed for the voter and they can be compared 
head to head. 

  

(4) .There is a lack of provision for the at- 

large candidates to run from a particular geographical 

sub-district, as well as a lack of residence fequirenent. 

The court concludes that in the aggregate, the 

at-large election structure as it operates in the City 

of Mobile substantially dilutes the black vote in the 

City of Mobile. 

CONCLUSIONS OF LAW 
  

¥. 

There is a threshold question faced by this 

court in whether or not Washington L. Bus, U.S. 
1976) 

, 96 S. Ct. 2040, 48 L.Ed.2d 597,/is dispositive 

  

of this case so as to preclude an application of the 

factors determinative of voter dilution as set forth 

in White, supra, and Zimmer, supra, aff'd. sub nom. 
    

East Carroll Parish School Board, supra. 
  

It is the defendants' contention that Washington 
  

makes it clear that to prevail the plaintiffs must prove 

that the city commission form of government was adopted 

for Mobile in 1911 with a discriminatory purpose. They 

-26- 

573 

 



57 [574] 

further contend that since the 1901 Constitution of 

Alabama effectively disenfranchised the blacks, the 

at-large system adopted for the city commission in 

1911 had no relation to minimizing or diluting the 

black vote because there was none. The city further 

contends that the commission form of government was 

adopted for purposes of executive efficiency and for 

an abandonment of the then corrupt aldermanic district 

elections. The plaintiffs contend that Washington   

did not establish a new Supreme Court purpose test. 
  

The thrust of the defendants' argument is that 

if the 1911 statute creating the at-large city commission 

form of government election was neutral on its face 

Washington does not permit this court to consider 
  

other evidence or factors and must decide the case in 

the city's favor. It is argued that Washington is a   

benchmark decision requiring this finding in the multi- 

member at-large city elections. 

Washington upheld the validity of a written   

personnel test administered to prospective recruits 

by the District of Columbia Police Department. It had 

been alleged the test "excluded a disportionately high 

number of Negro applicants.” Id. at 2044. The peti- 

tioners claimed the effect of this disportionate ex- 

clusion violated their Fifth Amendment due process 

rights and 42 U.S.C. §198l1. Id. at 2044. Evidence 

indicated that four times as many blacks failed to pass 

the test as whites. Plaintiffs contended the impact 

-27- 

374% 

 



  

[575] 

  

58 

in and of itself? was sufficient to justify relief. 

They made no claim of an intent to discriminate. The 

District Court found no intentional conduct and refused 

relief. The Circuit Court reversed, relying upon 

Griggs v. Duke Power Co., 401 U. S. 424, 91 S. Ct. 849,     

28 L.Ed.2d 158 (1971). Griggs was a Title VII action 

(42 U.S.C. §2000e, et seq.) in which the racially dis- 

criminatory impact of employment tests resulted in 

their invalidation by the court. 

The Supreme Court in Washington reconciled   

its decision with several previous holdings, distinguished 

some, and expressly overruled some cases in which there 

were possible conclusions different from Washington. 
  

They made no reference to the recent pre-Washington 
  

cases of its or appellate courts' voting dilution deci- 

sions dealing with at-large or multi-member versus 

single member districts, and, in particular, no mention 

was made of the cardinal case in this area, White v. 

Regester, 412 U. S. 755, 93 S. Ct. 2342, 37 L.Ed.2d 314, 

(1973), nor to Dallas v. Reese, 421 U. S. 477, 95 S. Ct.   

  

1706, 44 L.Ed.2d 312, (1975), and Chapman v. Meier, 

420 U.  S..'1,:95 8. Ct. 751, 42 L.Ed.2d 766 (1975), 

nor to Zimmer, which the Court had affirmed only a 

few months before, nor to Turner v. McKeithen, 490 F.2d | 

191 (5th Cir. 1975). No reference was made to Fortson 

v. Dorsey, 379 U. S. 433, 85 S. Ct. 498, 13 L.Ed.2d 

401 (1965), to Reynolds, nor to Whitcomb. Whitcomb, 
  

-28- 

975 

 



59 [576] 

403 U. S. at 143, recognized that in an at-large 

election scheme, a showing that if in a particular case 

the system operates to minimize or cancel out the voting 

strength of racial or political elements, the courts 

can alter the structure. Had the Supreme Court intended 

the Washington case to have the far reaching consequences   

contended by defendants, it seems to this court reason- 

able to conclude that they would have made such an 

expression. 

There are several reasons which may be plausi- 

bly advanced as to why the Washington Court did not 
  

expressly overrule nor discuss these cases. Courts 

are not prone to attempt to decide every eventuality 

of a case being decided or its effect on all previous 

cases. The Court may have desired that there be further 

development of the case law in the district and circuit 

courts before commenting on the application of Washing- 

ton to this line of cases. The cases may be disting- 

uishable and reconcilable with the expressions in 

Washington. Or, it may not have been the intention of 
  

  

the Washington Court to include these cases within the 

ambit of its ruling. 

  

Washington spoke with approval of Wright v. 

Rockefeller, 376 0. 8S. 52, 84 8, Ct. 603, 11 L.Ed.24 512 
  

(1964), setting out the "intent to gerrymander’ require- 

ment established in Wright. Washington, at 2047-48. 
  

Wright was the direct descendant of Gomillion v. 

Lightfoot, 364 U. S. 339, 81 S. Ct. 125, 5 L.Ed.2d 110 

-29- 

376 

 



  

E771 60 

(1960). These two cases involved racial gerrymandering 

of political lines. Gomillion dealt with an attempt by 

the Alabama legislature to exclude most black voters 

from the municipal limits of Tuskegee so whites could 

control the elections. The court found that the State 

of Alabama impaired the voting rights of black citizens 

while cloaking it in the garb of the realignment of 

political subdivisions and held there was a violation 

of the Fifteenth Amendment. Gomillion, at 345. There 

was no direct proof of racial discriminatory intent. 

Justice Stevens in his concurring opinion noted with 

”" 

approval, ". . . when the disproportionate impact] 

is as dramatic as in Gomillion, . . , it really does not 

matter whether the standard is phrased in terms of 

% 10/ 
purpose or effect. Washington, at 2054.7 (emphasis added). 
  

  

10/ In Paige v. Gray, 538 F.2d 1108 (5th Cir. 1976), 
black citizens of Albany, Georgia, brought an 
action to invalidate the at-large system of elect- 
ing city commissioners. At 1110, n. 3, the court 
noted the above quote by Justice Stevens, but in the 
body of the opinion expressed concern with unlawful 
motive for discriminatory purpose as required by 
Washington. However, at 1110, the court stated 
“the validity of Albany's change from a ward to 
an at-large system can best be handled by applying 
the multifactor test enunciated in . . . White v. 
Regester . . . and Zimmer v. McKeithen." Paige, 
at 1110, stated Zimmer still "sets the basic 
standard in this circuit." : 

  

  

  

Wright dealt with the issue of congressional re- 

districting of Manhattan. The plaintiffs alleged racially 

motivated districting. The congressional lines drawn 

created four districts. One had a large majority of 

-30- 

377 

 



  

6l 

blacks and Puerto Ricans. The other three had large 

white majorities. The court held the districts were 

not unconstitutionally gerrymandered upon the finding 

that ". . . the New York legislature was [not] motivated 

by racial considerations or in fact drew the districts 

on. racial: lines.” Wright; 376 U. 8S. at 56.“ This Sel 

forth the principle that in gerrymandering cases in order 

for the plaintiffs to obtain relief they must show racial 

motivation in the drawing of the district lines. 

Washington then quoted with approval from Keyes v.   

School District No.1, 413.1..8. 180, 93 8. Ct. 2686,   

37 L.Ed.2d 548 (1973), indicating a distinction or 

reconciliation of that case with Washington. There had   

not been racial purpose or motivation ab initio in Keyes. 
  

Keyes was a Denver, Colorado, school desegregation case. 

Denver schools had never been segregated by force of 

state statute or city ordinance. Nevertheless, the 

ma jority found that the actions of the School Board 

during the 1960's were sufficiently indicative of ". . . 

[a] purpose or intent to segregate’ and a finding of 

de jure segregation was sustained. Keyes, at 205, 208. 

That court held that to find overt racial considerations 

in the actions of government officials is indeed a 

11/ 
difficult task. 

  

11/ In another Fifth Circuit case it was held that if 
~ an official is motivated by such wrongful intent, 

he or she 

» . will pursue his discriminatory 
practices in ways that are devious, 
by methods subtle and elusive - for we 

-31- 

578 

[578] 

 



  

[579] 62 

deal with an area in which 'subtleties 
of conduct. . . play no small part.’'" 
U. S. v. Texas Ed. Agency, 532 F.2d 
380, 388, (5th Cir. 1976) (Austin II) 
(school desegregation). 

  

  

Washington further commented: 
  

”" 

. an invidious discriminatory 
purpose may often be inferred from 
the totality of the relevant facts, 
including the fact, if it is true, 
that the law bears more heavily on 
one race than another." Washington, 
96 S. Ct. at 2049, 

  

The plaintiffs contend that Washington's discus- 
  

sion with approval of the Keyes case permits the appli- 

cation of the "tort" standard in proving intent. In 

his concurring opinion, Justice Stevens discussed this 

point: 

"Frequently the most probative evidence 
of intent will be objective evidence 
of what actually happened rather than 
evidence describing the subjective 
state of mind of the actor. For nor- 
mally the actor is presumed to have 
intended the natural consequences of 
his deeds. This 1s particularly true 
in the case of governmental action 
which is frequently the product of 
compromise, of collective decision- 
making, and of mixed motivation." 
Washington, 96 S. Ct. at 2054 
(emphasis added). : 

  

  

  

The plaintiffs contend this circuit's use of 

the tort standard of proving intent squares with the 

above statements. This circuit for several years has 

accepted and approved the tort standard as proof of 

segregatory intent as a part of state action in school 

desegregation findings. Morales v. Shannon, 516 F.2d 

411, 412-13 (5th Cir. 1975), cert. den. 423 U.S. 1034 

(1975). 

-32~- 

379 

   



63 [580] 

Recently, citing Morales, supra, Cisneros Vv. 
  

Corpus Christi Independent School District, 467 F.2d 
  

142 (5th Cir. 1972) (en banc), cert. den. 413 U. S. 

920 (1973), reh. den. 413 U. S. 922 (1973), and United 

States v. Texas Educational Agency, 467 F.2d 848 
  

(5th Cir. 1972) (en banc) (Austin I), the Fifth 

Circuit in U. S. v. Texas Education Agency, (Austin 
  

Independent School District) 532 F.2d 380 (5th Cir. 

1976) (Austin II) squarely addressed the meaning of 

discriminatory intent in the following language: 

"Whatever may have been the origi- 
nally intended meaning of the test 
we applied in Cisneros and Austin I 
[U.S. v. Texas Education Agency, 
supra, J], we agree with the intervenors 
that, after Keyes, our two opinions 
must be viewed as incorporating in 
school segregation law the ordinary 
rule of tort law that a person in- 
tends the natural and foreseeable 
consequences of his actions. 

  

kX kx Xx 

"Apart from the need to conform 
Cisneros and Austin I to the super- 
vening Keyes case, there are other 
reasons for attributing responsibility 
to a state official who should rea- 
sonably foresee the segregative ef- 
fects.of his actions, Pirst, it is 
difficult -"and often futile - to obtain 
direct evidence of the official's in- 
tentions. . . . Hence, courts usually 
rely on circumstantial evidence to 
ascertain the decisionmakers' motiva- 

| tions.” Id. at 388, 

This court in its findings of fact has held that 

when the 1911 statute was enacted, at a time the blacks 

were disenfranchised, the statute on its face was 

neutral. This is in line with Fifth Circuit opin- 

ions, McGill v. Gadsden Co. Commission, 535 F.2d 277 
    

-33- 

 



  

[581] 

  

64 

(5th Cir. 1976), Wallace v. House, 515.7.2d at 633 

{5th Cir. 1975), vacated .* . U.S, 90:8, Ct. 1721, 

48 L.Ed.2d 191 (1976), No. 74-2654 (5th Cir., Sept. 17, 

1976), affirmed the District Court.and Taylor .v. 

McKeithen, 499 F.2d 893, 896 (5th Cir. 1974). However, 

in the larger context, the evidence is clear that one 

of the primary purposes of the 1901 constitutional con- 

vention was to disenfranchise the placks. 2 

  

12/ The history of Alabama indicates that there was a 
populist movement at that time which sought to 
align the blacks and the poor whites. The Bourbon 
interests of the State sought to disenfranchise 
the poor whites along with the blacks but were 
unsuccessful, excepting the cumulative feature 

of the poll tax. They were singularly success- 
ful in disenfranchising the blacks. 

  

Therefore, the legislature in 1911 was acting 

in a race-proof situation. There can be little doubt 

as to what the legislature would have done to prevent 

the blacks from effectively participating in the politi- 

cal process had not the effects of the 1901 constitution 

prevailed. The 1901 constitution and the subsequent 

statutory schemes and practices throughout Alabama, 

until the Voting Rights Act of 1965, effectively dis- 

enfranchised most blacks. 

A legislature in 1911, less han 50 years after a 

bitter and bloody civil war which resulted in the 

emancipation of the black slaves, should have reason- 

ably expected that the blacks would not stay disenfran- 

chised. It is reasonable to hold that the present di- 

lution of black Mobilians is a natural and foreseeable 

-34- 

581 

 



65 [582] 

consequence of the at-large election system imposed in 

191.1. 

Under Alabama law, the legislature is responsi- 

ble for passing acts modifying the form of city and 

county governments. Mobile County elects or has an 

effective electoral voice in the election of eleven 

members of the House and three senators. The state 

legislature observes a courtesy rule, that is, if 

the county delegation unanimously endorses local 

legislation the legislature perfunctorily approves all 

local county legislation. The Mobile County Senate 

delegation of three members operates under a courtesy 

rule that any one member can veto any local legisla- 

tion. If the Senate delegation unanimously approves 

the legislation, it will be perfunctorily passed in 

the State Senate. The county House delegation does 

not operate on an unanimous rule as in the Senate, but 

on a majority vote principle, that is, if the majority 

of the House delegation favors local legislation, it 

will be placed on the House calendar but will be sub- 

ject to debate. However, the proposed county legislation 

will be perfunctorily proved if the Mobile County House 

delegation unanimously approves it. The evidence is 

clear that whenever a redistricting bill of any type 

is proposed by a county delegation member, a major con- 

cern has centered around how many, if any, blacks would 

-35- 

382 

 



  

[583] 66 

be elected. These factors prevented any effective 

redistricting which would result in any benefit to the 

black voters passing until the State was redistricted 

13 
by a federal court order ils There are now three blacks 

  

13/ Sims v. Amos, 336 F. Supp. 924 (M/D Ala. 1972). 
  

House 
on the eleven member /legislative delegation. This re- 

sulted in passage in the 1975 legislature of a bill 

doing away with the at-large election of the County 

Board of School Commissioners and creating five single 

member districts. This was promptly attacked by the 

all-white at-large elected County School Board Com- 

mission in the State court. The act was declared un- 

constitutional for failure to have met statutory re- 

quirements concerning advertisement. 

This natural and foreseeable consequence of the 

1911 Act, black voter dilution, was brought to fruition 

in 50 odd years, the middle 1960's, and continues to 

the present. This court sees no reason to distinguish 

a school desegregation case from a voter discrimination 

case. It appears to this court that the evidence sup- 

ports the tort standard as advocated by the plaintiffs. 

However, this court prefers not to base its decision on 

this theory. This court deems it desirable to determine 

if the far-reaching consequence of Washington as ad- 
  

vanced by the defendants is correct without regard to 

Keyes. This court is unable to accept such a broad hold- 

ing with such far-reaching consequences. 

-36- 

583 

   



67 [384] 

The case sub judice can be reconciled with 

Washington. The Washington Court, in Justice White's     

majority opinion, included the following: 

"This is not to say that the 
necessary discriminatory racial 
purpose must be express or ap- 
pear on the face of the statute, 
or that a law's disportionate im- 
pact is irrelevant in cases in- 
volving Constitution-based claims 
of racial discrimination. A 
statute, otherwise neutral on its 
face, must not belapplied so as 
invidiously to discriminate on 
the basis of race. Yick Wo v. 
Hopkins, 118 U. S. 356 (1886)." 
Washington, 96 S. Ct. at 2048. 
  

To hold that the 1911 facially’ neutral statute would 

defeat rectifying the invidious discrimination on the 

basis of race which the evidence has shown in this 

case would fly in the face of this principle. 

It is not a long step from the systematic ex- 
  

clusion of blacks from juries which is itself such an 
  

"unequal application of the law. . . as to show 

intentional discrimination," Atkins v. Texas, 325 U. S. 
  

398, 404,65 S. Ct. 1276, 89 L.Ed. 1692 (1945) and the 

deliberate systematic denials to people from juries 

because of their race, Carter v. Jury Commission, 
    

Cassell v. Texas, Patton v. Mississippi, cited in 
      

Washington, at 2047, to a present purpose to dilute 
  

the black vote as evidenced in this case. There is 

a "current" condition of dilution of the black vote 

resulting from intentional state legislative inaction 

which is as effective as the intentional state action 

-37- 

384% 

 



  

[585] 68 

referred to in Keyes. Washington, at 2048. 
    

More basic and fundamental than any of the 

above approaches is the factual context of Washington   

and this case. Initial discriminatory purpose in 

employment and in redistricting is entirely different 

from resulting voter dilution because of racial dis- 

crimination. Washington's failure to expressly overrule   

or comment on White, Dallas, Chapman, Zimmer, Turner, 
  

Fortson, Reynolds, or Whitcomb, leads this court to 
  

the conclusion that Washington did not overrule those   

cases nor did it establish a new Supreme Court purpose 

test and require initial discriminatory purpose where 

voter dilution occurs because of racial discrimination. 

PT. 

In order for this court to grant relief as 

prayed for by plaintiffs, it must be shown that the 

political process was not open equally to the plain- 

tiffs as a result of dilution of voting strength and 

consequently the members of the class had less op- 

portunity to participate in the political process 

and elect representatives of their choice. Chapman, 

420 U. S. at 18, and Whitcomb. "Access to the 

political process and not [the size of the minority] 

population’ is the key determinant in ascertaining 

whether there has been invidious discrimination so 

as to afford relief, . White, 412 U. 8S. at 766; 

Zimmer, 485 F.2d at 1303. 

| | | -38- 

385 

 



69 [586] 

The idea of a democratic society has since 

the establishment of this country been only a sup- 

position to many citizens. The Supreme Court vocalized 

this realization in Reynolds where it formulated the 

"one person-one vote' goal for political elections. 

The precepts set forth in Reynolds are the sub- 

structure for the present voter dilution cases, stating 

that "every citizen has an inalienable right to full 

and effective participation in the political processes 

." Reynolds, 377 U. S. at 565. The Judiciary 

in subsequent cases has recognized that this principle 

is violated when a particular identifiable racial 

group is not able to fully and effectively participate 

in the political process because of the system's 

structure. 

Denial of full voting rights range from out- 

right refusal to allow registration, Smith, to racial 

gerrymandering so as to exclude persons from voting 

in a particular jurisdiction, Gomillion, to establish- 

ing or maintaining a political system that grants 

citizens all procedural rights while neutralizing 

their political strength, White. The last arrange- 

ment is maintained by the City of Mobile. 

Essentially, dilution cases revolve around the 

"quality" of representation, Whitcomb, 403 U. S. at 142. 

The touchstone for a showing of unconstitutional racial 

voter dilution is the test enunciated by the Supreme Court 

-39- 

386 

 



  

[587] 70 

in White, 412 U. S. at 765: "Whether multi-member 

districts are being used invidiously to cancel out 

or minimize the voting strength of racial groups." 

In White, for slightly different reasons in each 

county, the Supreme Court found that the multi-member 

districts in Dallas and Bexar Counties, Texas, were 

minimizing black and Mexican-American voting strength. 

Attentive consideration of the evidence pre- 

sented at the trial leads this court to conclude that 

the present commission form of government in the City 

of Mobile impermissibly violates the constitutional 

rights of the plaintiffs by improperly restricting 

their access to the political process. White, 412 

U. 8S. at 766; VYhitcomb, 403 U. 8. ‘at 143. The plain- 

tiffs have discharged the burden of proof as required 

by Whitcomb. 

This court reaches its conclusion by collating 

the evidence produced and the law propounded by the 

federal appellate courts. The controlling law of this 

Circuit was enunciated by Judge Gewin in Zimmer, which 

14/ 
closely parallels Whitcomb and White.” The Zimmer 

  

14/ See also Paige v. Gray, 538 F.2d 1108 (5th Cir. 1978). 
  

  

court, in an en banc hearing, set forth four primary 

and several "enhancing' factors to be considered when 

resolving whether there has been impermissible voter 

dilution. The primary factors are: 

" 

. a lack of access to the process 

-40- 

  

| 

 



  

73% [588] 

of slating candidates, the unre- 
sponsiveness of legislators to 
their particularized interests, 
a tenuous state policy underlying 
the preference for multi-member or 
at-large districting, or that the 
existence of past discrimination in 
general precludes the effective 
participation in the election system, 
a strong case [for relief] is made." 
Zimmer at 1305. [footnotes omitted]. 

The enhancing factors include: 

"a showing of the existence of large 
districts majority vote requirements, 
anti-single shot voting provisions 
and the lack of provision for at-large 
candidates running from particular 
geographical subdistricts." Zimmer 
at 1305. [footnotes omitted]. 

1. LACK OF OPENNESS IN THE SLATING PROCESS 
OR CANDIDATE SELECTION PROCESS TO BLACKS. 
  

First, the political parties in the City of 

Mobile do not slate candidates per se; rather, any 

person Literested in running for the position of city 

commissioner is able to do so. There has been little 

evidence to a ''party' supporting one candidate or 

another in the city races. 

The system at first blush appears to be neutral, 

but consideration of facts beneath the surface demonstrate 

the effects which lead the court to conclude otherwise. 

No black has ever been elected city commissioner in 

Mobile. The evidence indicates that black politicians 

who have previously been candidates. in at-large elections 

and would run again in the smaller single member districts, 

shy away from city at-large elections. One of the prin- 

cipal reasons is the polarization of the white and black 

vote. The court is concerned with the effect of lack of 

-41- 

 



  

[589] 72 

of openness in the electoral system in determining 

whether the multi-member at-large election system of 

the city commissioners is invidiously discriminatory. 

In White, the Supreme Court expressed concern 

with any type of barrier to effective participation 

in the political process. Zimmer, 485 F.2d at 1305 

n.20, expressed its view in this language: "The standards 

we enunciate today are applicable whether it is a 

specific law or custom or practice which causes dimi- 

nution of a minority voting strength." 

There is a lack of openness to blacks in the 

political process in city elections. 

2. UNRESPONSIVENESS OF THE ELECTED CITY 
OFFICIALS TO THE BLACK MINORITY. 
  

It is the conclusion of the court that the city- 

wide elected municipal commission form of government 

as practiced in the City of Mobile has not and is 

not responsive to blacks on an equal basis with whites; 

hence there exists racial discrimination. Past admin- 

istrations not only acquiesed to segregated folkways, 

but actively enforced it by the passage of numerous 

city ordinances. There have been orders from this court 

to desegregate the police department, the golf course, 

public transportation, the airport, and which attack 

15 
racial discrimination in employment. 

  

15/ The County School Board, which operates both in the 
city and county, has been in federal court continu- 
ously since 1963 to effect meaningful desegregation. 
Davis v. Mobile County School Board, Civil Action 
No. 3003-63 (S/D Ala. 1963). Incidentally, during 
  

-42~ 

989 

   



  

23 [590] 

the course of the court's continuing jurisdiction 
in Davis, there have been fifteen or more appeals 
to the Fifth Circuit. 
  

  

There has been a lack of responsiveness in em- 

ployment and the use of public facilities. It is this 

court's opinion that leadership should be furnished in 

| non-discriminatory hiring and promotion by our govern- 

16/ 
ment, be it local, state, or federal.” 

  

16/ Norman R. Mclaughlin, etc. v. Howard H. AAA 
et al., Civil Action No. 74-123-P, S/D Ala. 
9/30/74, at p. 22: 

    

"It is only fitting that the govern- 
ment take the lead in the klattle 
against discrimination by ferreting 

out and bringing an end to racial 
discrimination in its own ranks. 

Mobile has no ordinances proclaiming equal employ- 
ment opportunity, either public or private, to be 
its policy. There are no non-discriminatory rental 
ordinances. On the one hand, the federal courts 
are often subjected to arguments by recalcitrant 
state and local officials of the encroachment of 
the federal bureaucracy and assert Tenth Amendment 
violations - while making no mention that were it 
not for such "encroachment citizens would not have 

| made the progress they have to fulfillment of equal 
rights. Recent history bears witness to this propo- 
sition. 

  

In addition to the refusal of officials to vol- 

untarily desegregate facilities, the city commissioners 

have failed to appoint blacks to municipal committees in 

numbers even approaching fair representation. Appoint- 

ments to city committees are important not only to ob- 

tain diverse opinions from all parts of the community 

and share fairly what power the committees have, but 

| for the black community it would open parts of the gov- 

-43~ 

| 930 

 



  

[591] 74 

ernmental processes to those to whom they have for so 

long been denied. The city commission's custom or 

policy of appointing disproportionately few blacks to 

committees is a clear reflection of the at-large elec- 

tion system's dilution of blacks' influence and par- 

ticipation. The commissioners appoint citizens from 

their neighborhoods and constituencies, which are 

virtually all white. The commissioners have relatively 

less contact with the black community and hence are not 

as likely to know of black citizens who are qualified 

and interested in serving on committees. Recognizing 

the admonitions of the courts when judicially dealing 

with discretionary appointments, Mayor of the City of   

Philadelphia v. Educational Equality League, 415 U. S. 
94 §, Ct. 1323, 

605,/39 L.Ed.2d 630 (1974), and James v. Wallace, 

  

  

533 F.2d 963 (8th Cir. 1976), that it is not within 

the authority of this court to order particular ap- 

pointments, it is this court's view that the failure 

to appoint a significant number of blacks is indicative 

of a lack of responsiveness. 

3. NO TENUOUS STATE POLICY SHOWING A 
PREFERENCE FOR AT-LARGE DISTRICTS. 
  

The Alabama legislature has offered little 

evidence of a preference one way or the other for 

multi-member or at-large districts in cities the size 

of Mobile. For example, Title 7, 8426, Code of Alabama 
  

(1940 Supp. 1973), provides for a number of various 

forms of either multi-member or single-member municipal 

governments, with a municipality's option often dictated 

-44- 

31 

    

  

 



  

  

75 [592] 

by its size. Mobile, with a population exceeding 

00,000 persons, is allowed by Alabama Code, Title 37, 

§426, to have a mixture of single-member and at-large 

aldermen. Consequently, this court finds state policy 

regarding multi-member at-large districting as neutral. 

Mobile itself has had a mixed history concerning 

its local preference for representative districting, 

particularly prior to the adoption of the commission 

government in 1911. Elections were usually at-large 

but at times there were some ward residency requirements 

and multi-member ward elections. Since 1911, however, 

the city commission has been elected in citywide at-large 

elections. 

4. PAST RACIAL DISCRIMINATION. 
  

It is this court's opinion that fair and effective 

participation under the present electoral system is, 

because of its structure, difficult for the black citizens 

of Mobile. Past discriminatory customs and laws that 

were enacted for the sole and intentional purpose of 

extinguishing or minimizing black political power is 

responsible. The purposeful excesses of the past are 

still in evidence today. Indeed, Judge Rives, writing 

for a three-judge panel finding the Alabama poll tax to 

be unconstitutional, stated forcefully: 

"'The long history of the Negroes' 
struggle to obtain the right to 
vote in Alabama has been trumpeted 
before the Federal Courts of this 
State in great detail.*** If this 
Court ignores the long history of 
racial discrimination in Alabama, 
it will prove that justice is both 

-45- 

592  



  

[593] 76 

blind and deaf.' We would be 
blind with indifference, not im- 
partiality, and deaf with inten- 
tional disregard of the cries for 
equality of men before the law." 
U. S. v. State of Alabama, 252 
F. Supp. at 104 (M.D. Ala. 1966), 
[citing Sims v. Baggett, 247 PF. 
Supp. 96, 108-09 (M.D. Ala. 1965)]. 

Without question, past discrimination,, some of 

  

which continues to today as evidenced by the orders in 

several lawsuits in this court against the city and 

county, and demonstrated in the lack of access to the 

selection process and the city's unresponsiveness, 

contributes to black voter dilution. 

5. ENHANCING FACTORS. 
  

Zimmer, in addition to enumerating four substan- 

tial criteria in proving voter dilution, listed four 

"enhancing factors" that should be considered as proof 

of aggravated dilution. 

a. Large Districts. The present at-large   

election system is as large as possible, i.e., the city. 

The city with an area of 142 square miles, and more 

than 190,000 persons, can reasonably be divided into 

election districts or wards. It is common knowledge 

that numerous towns and cities of much less size in 

Alabama are so divided and function reasonably well. 

It is large enough to be considered large within the 

meaning of this factor. 

b. Majority Vote Requirements. Alabama Acts 
  

No. 281 (1911) at 343, which established the Mobile com- 

mission form of government, required the election of the 

representatives by a majority vote. 

-46- 

993 

    

  

  

 



  

77 [594] 

c. Anti-single Shot Voting: There is in 
  

Act No. 281 "no anti-single shot" voting provisions nor 

is there one in the current codification, [Ala. Code, 

Title 37, §89, et seq.,] or in Alabama Acts No. 823 (1965) 

at 1539.27 

  

17/ An "anti-single shot" provision obtained in all city 
elections from 1951 to 1961, see Ala. Code, Title 37, 
§33(1),but was repealed 9/15/61. : 

  

The numbered place provision of Act 823 (or, if 

Act 823 is invalid, Ala.Code, Title 37, §94) has to some 

extent the same result. At least in part, the practical 

18 
result of an anti-single shot provision obtains in Mobile. 

  

18/ See footnote 9, supra. 
  

: d. Lack of Residency Requirement. Act 281 
  

does not contain any provision requiring that any com- 

er 2 ; ] 19/ 
missioners reside in any portion of town. 

  

19/ To impose residency requirements under Act 823, the 
designation of duty provision, (or if Act 823 is in- 
valid, Ala. Code, Title 37, §94, the numbered position 
provision), as well as the 1911 establishment of at- 
large election of city commissioners would at a minimum 
be anomalous and probably unconstitutional. City com- 
missioners in command of particular functions, such as 
public safety, residing and being elected from one 
particular side of town, would be accountable to only 
one-third of the population notwithstanding jurisdic- 
tion.over.the.entire,. city. . B.U.L.L. v. City of 
Shreveport, F. Supp. , No. 74-272 (W.D. Ia. 
July 16, 1976. ), also expresses this view. 
  

  

111: 

The court has made a finding for each of the 

Zimmer factors, and most of them have been found in favor 

of the plaintiffs. The court has analyzed each factor 

separately, but has not counted the number present or 

absent in a "score-keeping" fashion. 

-47~- 

594 

 



  

[595] 78 

The court has made a thoughtful, exhaustive 

analysis of the evidence in the record ". . . paying 

close attention to the facts of the particular situations 

at hand," Wallace, 515 F.2d at 631, to determine whether 

the minority has suffered an unconstitutional dilution of 

the vote. This court's task is not to tally the presence 

or absence of the particular factors, but rather, its 

opinion represents ". . . a blend of history and an 

intensely local appraisal of the design and impact of 

the multi-member district [under scrutiny] in light of 

past and present reality, political and otherwise." 

White, 412 U.S. at 769-70. 

The court reaches its conclusion by following 

the teachings of White, Dallas v. Reese, 421 U. S. 477, 
  

480, 95 S. Ct. 1706, 44 L.Ed.2d 312 (1975), Zimmer, 

Fortson, and Whitcomb, et al. 

The evidence when considered under these teachings 

convinces this court that the at-large districts "operate 

to minimize or cancel out the voting strength of racial 

or political elements of the voting population.” 

Whitcomb, 403 U. S. at 143, and Fortson, 379 U. S. at 439, 

and "operates impermissibly to dilute the voting strength 

of an identifiable element of the voting population, "”. 

Dallas, at 480. The plaintiffs have met the burden cast 

in White and Whitcomb by showing an aggregate of the 

factors cataloged in Zimmer. 

In summary, this court finds that the electoral 

structure, the multi-member at-large election of Mobile 

City Commissioners, results in an unconstitutional dilution 

of black voting strength. It is "fundamentally unfair’, 

-48- 

395   

  

  

  

  

  

  

 



  

  

E
E
 

—
—
—
—
—
—
—
—
—
—
—
—
 

— 
A —
—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
o
—
—
—
—
 

  

79 [596] 

Wallace, 515 F.2d at 630, and invidiously discriminatory. 

The Supreme Court has laid down the general 

principle that "when District Courts are forced to 

fashion apportionment plans, single member districts 

are preferable to large multi-member districts as a 

general matter." Connor v. Johnson, 402 U. S. 690, 

692, 91 S.Ct. 1760, 29°L.Ed. 2d 268-(1971). “The “Court 

reaffirmed this twice in the last term. East Carroll 
  

Parish School Board, and Wallace, supra. Once the 
    

racial discriminatory evil has been established, as it 

was in White, the dilution occasioned by the multi-member 

at-large election requires 106 | dives tablishnbnt of the 

multi-member at-large election and the obvious remedy 

is to establish single member districts. 

This court does not endorse the idea of quota 

voting or elections, nor of a weighted vote in favor of 

one race to offset racial prejudice or any other ad- 

versity. However, when the electoral structure of the 

government is such, as in this case, that racial dis- 

crimination precludes a black voter from an effective 

participation in the election system, a dilution of his 

and other black votes has occurred. 

The moving spirit present at the conception of 

this nation, "all men are created equal," will not 

rest and the great purpose of the Constitution to 

"establish Justice, insure domestic Tranquility, 

and secure the Blessings of Liberty to ourselves and 

7" 

our Posterity. will be only a dream until every 

-49- 

296 

 



  

[597] 80 

person has an opportunity to be equal. To have this 

opportunity, every person must be treated equally. 

This includes being treated equally in the electoral 

process. 

A city government plan which includes small single- 

member districts will provide blacks a realistic oppor- 

tunity to elect blacks to the city governing body. No 

such realistic opportunity exists as the city government 

is presently structured. A mayor-council plan with 

single-member council districts would afford such an 

opportunity. Blacks effective participation in the 

elective system will have the salutary effect of giving 

them a realistic opportunity to get into the mainstream 

of Mobile's life, not only in the political life, but 

will give them an opportunity to have an input and 

impact on the economic, social, and cultural life of 

the city. It will afford an opportunity for a more 

meaningful dialogue between the whites and blacks to 

develop. 

IV. 

There is a traditional constitutional tolerance 

of various forms of local government. See, e.g., Abate 

Vv. Mundt, 403 U4. S. 182, 185, 91 8S. Ct. 1904, 29 L.Bd.2d 

399 (1971). 

The court recognizes the "delicate issues of 

federal-state relations underlying this case.” Mayor 

of the City of Philadelphia, 415 U. S. at 615. 
  

The futility of piecemeal efforts to correct 

racially discriminatory problems here has been demon- 

-50- 

397 

  

  

  

    
    

  
 



  

    
  

  

8L [598] 

strated in Davis v. Board of School Commissioners, 
  

as well as the suits previously filed against the city. 

The city commission form of government is newer and 

less widely used than the mayor-councilman (or alderman) 

form. Mobile operated under a mayor-councilman (in 

Mobile history sometimes called commissioner, mayor- 

alderman, etc.) plan from the time Alabama entered the 

Union in 1819 until 1911. Most of the other munici- 

palities in the county and state operate under such a 

plan. The change is not from the known to the unknown 

or from the old to the new. The court is unable to see 

how the impermissibly unconstitutional dilution can be 

effectively corrected by any other approach. 

The defendants have argued the governing body 

needs a citywide perspective, and quoted 87 Harv. L. 

Rev. 158 074). "The districtwide perspective and 

allegiance which result from representatives being 

elected at-large, and which enhance their ability to 

deal with districtwide problems, would seem more useful 

in a public body with responsibility only for the 

district than in a statewide legislature.” 

In a mayor-councilman plan, the mayor, the 

principal governing official, will be elected at-large 

and will have this citywide perspective, but the govern- 

ing body will have the benefit of members from single 
20/ 

member districts. 

  

207 © William Dove, Sr,, et al. v. Charles E, Moore, et al., 
S.0. 75-1918 (8th Cir. 7/27/76), set out in footnote 

  

  

-51- 

398 

 



  

[599] 

3; 

82 

"The author has previously discussed 
at length the undesirable character- 
istics of at-large elections and the 
benefits of single-member districts. 
Chapman v. Meier, 372 F. Supp. 371, 
88-94 (D. N.D. N.D. 1974) (three- judge 

court) (bright, .J., dissenting), 
majority reversed, "420 U.S. 1 (1975). 
  

In the context of a discussion of pro- 
posed plans for the reapportionment of 
a state legislature, the dissent em- 
phasized the following benefits of 
single-member districts: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

It gives a voter a chance 
to compare only two candi- 
dates, head to head in 
making a choice. 

It prevents one political 
party with a Heavy plurality 
in one or two potential dis- 
tricts from dominating other 
potential districts that 
might narrowly go for the 
candidate of the opposite 
party. 

It prevents a city wide political 
organization from ostracizing or 
disciplining a legislator, who 
dares stray from the machine's 
line. 

It permits a citizen to identify 
a legislator as his senator and 
makes direct communication easier. 

It makes each senator responsible 
for his actions and makes it diffi- 
cult for a senator to fade into 
the ranks of "the team" to avoid 

being identified with specific 
actions taken. 

It reduces campaign costs and 
'personalizes’ a campaign. 

It creates greater interest in 
the possibility of a citizen 
seeking a legislative seat with- 
out the political machine bless- 
ing. 

-52- 

  

  

  

  

  

  

399 

    
 



  

  

  

      

  

  
  

83 [600] 

(8) It would diminish the animosity 
created in the legislature 
against multi-senate districts 
because of the tendency of 
senators elected by one political 
party from a city to vote as a 
bloc. 

(9) It would tend to guarantee an 
individual point of view if all 
senators are not elected as a 
team. 

(10) It would equalize the power of 
people in single senate districts 
with the people in the broken 
down multi-senate districts to 
influence the election of only 
one senator. 

[372 F.Supp. at 391 (footnote omitted) 
(emphasis in original).]" 

  

It is the court's conclusion that a mayor- 

councilman (alderman) form of government should be 

drafted. The court requested, and received from the 

plaintiffs and defendants, the recommendation of three 

persons from which the court would choose a three- 

person committee to draft and recommend to the court 

21/ 
such a form of government. 

  

21/ The court has appointed this committee and has 
given them a target date of December 1, 1976, 
to make their recommendations. 

  

The next question is choice of council size and 

apportionment. The court could revert to the plan which 

was in effect when Mobile adopted the commission plan, 

or it could utilize Alabama Code T. 37, Sec. 426 (1940 

Supp. 1973) . 

-53~- 

600 

 



  

[601] 84 

The pre-1911 plan consisted of a fifteen 

member council with seven elected at-large and 

eight from single-member districts. To have this 

many of the council elected from at-large will tend 

to perpetuate the multi-member districting which the 

court has found unconstitutional. 

The present provisions of Sec. 426 allow Mobile 

to adopt one of several type plans. The overwhelming 

evidence in the case established that the type of plan 

provided is what is commonly known as ''weak mayor- 

council” type plan and is undesirable. There are also 

problems with three of the four plans which provide 

for at-large elections, the evil the court has found 

to exist in the present form of the city government. 

The court requested the plaintiffs and defendants 

to draft and present to the court proposed single- 

member districts for councilmen under a mayor-council 

plan. The plaintiffs presented to the court a nine 

single-member district plan. The defendants chose not 

to avail themselves of this opportunity. A nine member 

plan has previously been adopted in part in two of 

Alabama's largest cities, Birmingham and Montgomery. 

The next city election is scheduled for August, 

1977. The court finds it would not be in the public 

interest to shorten the terms of present commissioners. 

It is therefore ORDERED, ADJUDGED, and DECREED 

that there shall be elected in the August, 1977 municipal 

election, a mayor elected at-large and nine council 

-54- 

601 

  

  

  

 



    

85 [602] 

members elected from nine single -member districts. 

The plaintiffs' claims for attorneys' fees 

and costs will be determined after a hearing on these 

issues. 

The court recognizes that the ordering of the 

change of the city form of government has raised 

serious constitutional issues. Reasonable persons 

can reasonably differ. The only remaining duties to. 

be performed in this court are the approval of the 

mayor-councilman plan with relation to their duties, 

its implementation, and the approval of a nine single - 

member district plan. It is the court's judgment 

that this decree this date is a final judgment and 

decree from which an appeal may be taken. However, in 

the event it is not a final decree, the court ex mero 

motu pursuant to Title 28 U.S.C. §1292(V) finds that 

the order herein entered involves a controlling ques- 

tion of law as to which there is substantial ground 

for difference of opinion and that an immediate appeal 

from the order may materially advance the ultimate 

termination of this litigation and grants the right 

to either party to take an immediate appeal. 

It is the court's desire that if this order is 

appealed, such an appeal be taken promptly in order 

to provide the appellate courts with an opportunity 

to review, and, if possible, render a ruling 

-55- 

602 

   



  

[603] 86 

prior to the campaign and election for the city 

government offices as scheduled for August, 1977. 

Pending further orders, the court retains 

jurisdiction of this action to secure compliance with 

its decree issued contemporaneously herewith and for 

such other and further relief as may be equitable and 

just. 

Done, this the 2,2 day of Jefote, ,. 1076. 
  

  

U. 8S. DISTRICT COURT 
SOU, DIST. AlA. 
FILED AND ENTERED THIS THE 
2/27 DAY OF ocro@eER  , 1976 
MINUTE ENTRY NO. J Yo de 
WILLIAM J. O'CONNOR, 
BY ES. 

Deputy Clerk 

     

    

-56- 

603 

  

| 
| 
| | 
| 

  
| 
| 

| 
| 

| 
| 
| 

| 
| 

| 
| 
| 
| 

| 
 



  

  

—
 

—
—
 

—
—
—
—
 

= 
—
e
e
 

e
e
 

—
_
—
 

ee
 
—
—
—
—
 

|03 

87 [604] 

IN THE UNITED STATES DISTRICT COURT FOR 
THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, REV. R. L. 
HOPE, CHARLES JOHNSON, JANET 
0. LeFLORE, JOHN L. LeFLORE, 
CHARLES MAXWELL, OSSIE B. 
PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE 
TAYLOR, RODNEY O. TURNER, 
REV. ED WILLIAMS, SYLVESTER 
WILLIAMS and MRS. F. C. 
WILSON, 

Plaintiffs, 
CIVIL ACTION 

Yo 

: No. 75-297-P 
CITY OF MOBILE, ALABAMA: GARY ; 
A. GREENOUGH, ROBERT B. DOYLE,- JR., 
and LAMBERT C. MIMS, individually 
and in their official capacities 
as Mobile City Commissioners, 

N
a
r
 

Nu
 

N
o
 

N
o
 

ou
 

N
a
 

at
 

a
 

oo
 

Na
a 

od
? 

ot
 

ot
 
N
o
 

od
 

oo
 

oF
 

a
t
 

oF
 

oF
 

I
 

Defendants. 

JUDGMENT 

The court has heretofore entered its findings 

of fact and conclusions of law in favor of the plain- 

tiffs and against the defendants, Gary A. Greenough, 

Robert B. Doyle, Jr., and Lambert C. Mims, individually 

and in their official capacities as Mobile City Commis- 

sioners. 

The court has found that the electoral structure, 

the multi-member at-large election of Mobile City Com- 

missioners, results in an unconstitutional dilution 

of the black plaintiffs' voting strength. It is funda- 

mentally unfair and invidiously discriminatory. The 

court has found that it is not feasible to elect city 

commissioners who exercise certain specific duties, to wit, 

604  



  

[60 88 

one, Public Works and Services, another, Public Safety, 

and a third, the Department of Finance, from districts 

representing one-third or portions of the total popula- 

tion. The court has found that a mayor-council plan 

with nine single-member council districts would correct 

the unconstitutional dilution of the black plaintiffs’ 

vote. The court has ordered a committee of three, 

selected from recommendations of three persons sub- 

mitted by the plaintiffs and three persons by the de- 

fendants, to draft a "strong' mayor-councilman form 

of government with the mayor to be chosen at-large 

and the councilmen to be chosen from nine single-member 

districts. The court has under consideration proposed 

nine single-member districts and will order such a 

plan adopted later. x 

It is therefore ORDERED, ADJUDGED, and DECREED 

that there shall be elected in the August, 1977 

municipal election, a mayor elected at-large and nine 

council members elected from nine single-member districts. 

The plaintiffs' claims for attorneys' fees and 

costs will be determined after a hearing on these issues. 

The court recognizes that the ordering of the 

change of the city form of government has raised serious 

constitutional issues. Reasonable persons can reasonably 

differ. The only remaining duties to be performed in 

this court are the approval of the mayor-councilman 

plan with relation to their duties, its implementation, 

and the approval of a nine single-member district plan. 

It is the court's judgment that this decree this date 

605 

   



  

89 

is a final judgment and decree from which an appeal 

may be taken. However, in the event it is not a 

final decree, the court ex mero motu pursuant to 

Title 28 U.S.C. §1292(b) finds that the order herein 

entered involves a controlling question of law as to 

which there is substantial ground for difference of 

opinion and that an immediate appeal from the order 

may materially advance the ultimate termination of 

this litigation and grants the right to either party 

to take an immediate appeal. 

It is the court's desire that if this order 

is appealed, such an appeal be taken promptly in order 

to provide the appellate courts with an opportunity 

to review, and, if possible, render a ruling prior 

to the campaign and election for the city government 

offices as scheduled for August, 1977. 

Pending further orders, the court retains 

jurisdiction of this action to secure compliance with 

its order issued contemporaneously with this decree 

and for such other and further relief as may be equitable 

and just. 

Done, this the, J 2° ay of Latah, 10%. 
  

  

U. 8S. DISTRICT COURT 
SOU. DIST. ALA. 
FILED AND ENTERED THIS THE 
S272 DAY OF geras=2 .. "1976 
MINUTE ENTRY NO. ZA MSTS, 
WILLIAM_J. O'CONNOR, CLER 

BY< casiid 

Deputy Clerk 
-3- 

  

606 

[606] 

 



  

[613] 90 

IN THE UNITED STATES DISTRICT COURT FOR 

THE SOUTHERN DISTRICT OF ALABAMA 

SOUTHERN DIVISION 

WILEY L. BOLDEN, et al., ) 

  

  

Plaintiffs, ) CIVIL ACTION NO: 

Ve. ) 75-297 =P 

CITY OF MOBILE, et al., ') U.S. District coygr 
: Sou. DIST, ALA. 

Defendants. ) ILED IN CLERK'S Office 

NOV 19 1976 

NOTICE OF APPEAL WILLIAM J. O'CONNOR 
CLERK 

Notice is hereby given that the defendants, The 

City of Mobile, Alabama; Gary A. Greenough, Robert B. 

Doyle, Jr., and Lambert C. Mims, individually and in 

their official capacities as Mobile City Commissioners, 

jointly and severally, hereby appeal to the United States 

Court of Appeals for the Fifth Circuit from the Opinion 

and Order entered in this cause on October 21, 1976 and 

the Judgment entered on October 22, 1976 as amended. 

C. B, ARENDALL, JR. 
30th Floor, First National Bank 

Building 
Mobile, Alabama 36602 
Attorney for Defendants 

  

OF COUNSEL: 

HAND, ARENDALL, BEDSOLE, 
GREAVES & JOHNSTON 

hha RT 
S. R. SHEPPARD “2 
City Hall 
Mobile, Alabama 36602 
Attorney for Defendants 

  

OF COUNSEL: 

LEGAL DEPARTMENT OF THE 
CITY OF MOBILE 

613 

108) 

   



  

91 [614] 
“3 

CERTIFICATE OF SERVICE 
  

/ ¢ 

I do hereby certify that I have on the [ q72 

day of 2 Len Sl , 1976, served a copy of the 
  

foregoing Notice of Appeal on counsel for all parties 

to this proceeding, by mailing a copy of the same by 

United States mail, properly addressed and first class 

postage prepaid. 

614 

 



  

[622] 

IN THE UNITED STATES DISTRICT COURT FOR 

WILEY L. BOLDEN, REV. R. L. 
HOPE, CHARLES JOHNSON, JANET 
O. LeFLORE, JOHN L. LeFLORE, 
CHARLES MAXWELL, OSSIE B. 
PURIFOY, RAYMOND SCOTT, 
SHERMAN SMITH, OLLIE LEE 
TAYLOR, RODNEY O. TURNER, 
REV. ED WILLIAMS, SYLVESTER 
WILLIAMS and MRS. F. C. WILSON, 

V. 

CITY OF MOBILE, ALABAMA: GARY 
A. GREENOUGH, 
and LAMBERT C. 
and in their 
as Mobile City Commissioners, 

On the 21st day of October, 1976, this court entered 

an order in this cause. 

92 

THE SOUTHERN DISTRICT OF ALABAMA 
SOUTHERN DIVISION 

Plaintiffs, 

ROBERT B. DOYLE, JR., 
MIMS, individually 

official capacities 

No
? 

No
 

No
 

No
 

No
 

N
F
 

oF
 

No
 

N
F
 
N
F
 

No
 

No
 

N
F
 
N
F
 

NS
 

N
F
 

N
F
 
N
N
 

N
S
 

Defendants. 

ORDER 
  

CIVIL ACTION 

No. 75-297-P 

The order decreed that a mayor-council 

plan of government would be adopted by this court with nine 

single-member council districts. 

The court requested and received from the plaintiffs 

and defendants, three names recommended by each from whom the 

court selected a committee to formulate and recommend a mayor- 

council plan. 

defendants, City of Mobile, et al.; Joseph N. Langan and Arthur 

R. Outlaw, two former city commissioners of the City of Mobile, 

The court selected two names recommended by the 

one recommended by the plaintiffs, 
and /James E. 

The court requested the plaintiffs and defendants to 

Buskey, a black State Legislator. 

submit proposed councilmen districts made up of nine single- 

member districts. The plaintiffs complied. The defendants 

declined to file a plan. 

The committee appointed by the court to draft a mayor- 

council plan 

(& 

submitted an initial plan. The court submitted 

522 

   



  

293 

the plan to all of the parties for their recommendations and 

invited all members of the Mobile County legislative delegation 

to make recommendations. The attorneys for the plaintiffs, 

and one member of the Mobile County delegation, accepted the 

invitation and made recommendations, many of which have been 

incorporated in the final plan. The defendants declined to 
Most of 

make any recommendations. /the other members of the Mobile 

legislative delegation expressed a general view that it created 

a conflict between their legislative duties and the judicial 

branch and did not desire to make recommendations. L/ 

It is hereby ORDERED, ADJUDGED, and DECREED that 

the mayor-council plan attached to this order as Appendix A, 

is hereby ADOPTED and made a part of this order the same as 

if set out at length herein. 

It is further ORDERED, ADJUDGED, and DECREED that 

the nine single-member council districts as submitted by the 

plaintiffs’ Plan "H", together with the map attached to the 

plan as Exhibit "A", both of which are attached to this order 

as Appendix B, is hereby ADOPTED and made a part of this order 

the same as if set out at length herein. 

Beginning at the regularly scheduled city elections 

in August 1977, and each four years thereafter, the City of 

Mobile shall elect nine members to a city council and a mayor. 

The mayor and the city council shall have such powers, duties 

and responsibilities as are established by the report of the 

committee appointed by this court on October 6, 1976, attached 

hereto as Appendix A, and as are established by the provisions 

of Ala. Code, Tit. 37, dealing with cities generally or cities 

having a mayor-alderman form &f government. To the extent that 

the report or this order conflicts with the Alabama Code, the 
  

report or order shall prevail. 

One member of the City Council shall be elected by 

and from each district. A candidate for the council and each 

  

1/ Some declined because the City of Mobile was not in their 
district. - 

-2- 623 

23] 

 



  

member of the council shall reside in the district represented 

or sought to be represented. 

Nothing in this order shall prevent the defendants 

or Legislature of Alabama from changing the powers, duties, 

responsibilities, or terms of office of the city council and 

mayor, or changing the boundaries of wards or districts, or 

changing the number of wards; provided however that the court 

retains jurisdiction for six years from the date of this order 

to review such changes for conformity with the principles 

enunciated in the order of this court entered in this case 

on October 21, 1976. 

The court is aware that numberous local acts having 

application to the City of Mobile are in effect. Because 

of the change from a commission form to a city council form, 

there may be conflicts between the plan herein adopted and 

those acts. The court specifically retains jurisdiction for 

a period of two years from the date the first city council 

members take office for all purposes for persons having standing. 

The retained jurisdiction of this court under the 

two preceding paragraphs shall be dissolved upon motion of 

either party when and if the Legislature of Alabama adopts 

(a) a comprehensive act establishing a constitutional form of 

government for the City of Mobile, or (b) enables the City of 

Mobile to act under "home rule" powers to adopt such a compre- 

hensive act. 

The defendants City of Mobile, Gary A. Greenough, 

Lambert C. Mims, Robert B. Doyle, Jr., and their agents, ser- 

vants, employees, and successors are hereby ENJOINED from failing 

to make the following changes with respect to the election of 

the elected officials of the City of Mobile: 

3 

   



  

95 

1. Ward 33-99-1 is hereby split into east and west 

wards, divided by a line beginning at the south boundary of 

the ward on Stanton, running north to Costarides, west to 

Summerville, north to Andrews, and east to theward boundary. 

The voters in these two areas may be constituted as separate 

wards or the eastern area may be reassigned as part of MW-33- 

99-2. 

2. Ward 35-103-1 is split into eastern and western 

divisions by a dividing line beginning at the west boundary 

of the ward, running east on Davis Avenue, south on Kennedy to 

the ward line. The two divisions shall be constituted as separate 

wards. 

3. Ward 35-103-3 is split into northern and southern 

divisions by a line beginning in the northward boundary on 

Broad Street, running south to Elmira, east to Dearborn Street, 

south to New Jersey, east to Warren Street, north to Delaware, 

east to Interstate 10, south to Virginia Street, and east to 

Mobile Bay. These two divisions may be established as separaté 

wards or the northern division may be redesignated as part of 

MW-35-103-2. 

4. Ward 34-100-3 is split into southeastern and 

northwestern divisions by a line beginning on the east at 01d 

Shell Road, west to East Drive, south to North Shenandoah, 

west to East Cumberland, south on East Cumberland and Ridgefield 

Road to the ward line. The residents of the southeastern area 

shall be reassigned to MW-34-100-2 or made a new ward. 

5. Ward 35-104-2 is divided by a line beginning at 

the north ward boundary on Eslava Creek, running south along 

Eslava Creek and Dog River to old Military Road, eastwardly 

to Dauphin Island Parkway, south to Rosedale Road, east to 

Brookley Field boundary and following said boundary eastwardly 

to Perimeter Road, thence east on Perimeter Road to Mobile Bay. 

The eastern portion of this ward may be designated a new ward 

or merged into MW-35-104-1. The western portion of this ward 

may be designated a new ward or merged into MW-35-104-3. 

5 625 

 



[626] 

  

96 

6. Nothing in this order shall prevent the defendants 

from changing any other ward boundaries, so long as the 

boundaries described in this order for the new council districts 

are not disturbed. 

7. The defendants shall undertake the merger or 

redesignation of wards immediately and shall inform each voter 

in an area designated or merged of the new ward designation 

in which he or she lives. The defendant shall work with the 

Board of Registrars to accomplish this task by May 1, 1977. 

If the defendants encounter problems with the Board of Regis- 

trars, they shall forthwith petition this court for an appro- 

priate order, including making the Board of Registrars a party 

defendant. 

8. The following districts for the election of 

members of the City Council of Mobile are hereby created and 

designated: 

- District 1 shall consist of MW-33-98-1 and 

the western portion of MW-33-99-1. 

- District 2 shall consist of the eastern part 

of MW-33-99-1, all of MW-33-99-2, MW-33-99-3, and MW-34-102-2, 

and the western part of MW-35-103-1. 

- District 3 shall consist of MW-33-99-4, the 

eastern part of MW-35-103-1, MW-35-103-2, and the northern 

part of MW-35-103-3. 

- District 4 shall consist of the southern part 

of MW-35-103-3, MW-34-102-3, MW-34-102-6, and MW-34-102-7. 

- District 5 shall consist of MW-35-103-4, 

MW-35-104-1, and the eastern part of MW-35-104-2. 

- District 6 shall consist of MW-35-104-3, 

MW-35-104-4, MW-35-104-5, and the western part of MW-35-104-2. 

- District 7 shall consist of MW-34-100-1, 

MW-34-100-2, MW-34-101-4, MW-34-101-5, MW-34-101-6, and the 

southeastern part of MW-34-100-3. 

AL 

   



97 [627] 

- District 8 shall consist of MW-34-102-5, 

MW-34-102-1, MW-34-101-2, MW-34-101-3. 

- District 9 shall consist of MW-34-101-1, 

MW-34-101-1, MW-34-100-4, and the northwestern part of 

MW-34-100-3. 

9. The defendants shall forthwith take all steps 

necessary to prepare for the election of the city council 

and mayor. 

The court reserves a decision upon the plaintiffs’ 

claim for attorneys' fees and out-of-pocket expenses. 

Done, this the PP Gay of March, 1977. 

TNT az 
UNITED STATES DISTRICT JUDGE 
  

U. S. DISTRICT COURT 

SOU. DIST. AULA. 

FILED AND ENTERED THIS THE 

H™ pay OF MARCH 

19.77, MINUTE ENTRY 

  

  NO. LY ; 
WILLIAM J. O'CONNOR, CLERK 

BY LA el red bial L000, 
DEPUTY CLERK 

627 

 



  

[628] 

  

98 

A PLAN FOR THE MAYOR - COUNCIL FORM OF GOVERNMENT 

FOR THE CITY OF MOBILE 

CHAPTER I 

ARTICLE I 

Section 1. First election. Upon this Chapter becoming applicable 

to the City of Mobile, the (MAYOR OF SAID CITY) shall call an 

election to be held on the third Tuesday in August 1977 for the 

election by the qualified electors of said city of nine councilmen 

and a mayor and the expense thereof shall be paid by said city. 

Section 2. Election of first council and term of office. Council 

candidates shall qualify as provided in Section 10 hereof and shall 

meet the eligibility requirement set forth in Sections 11 and 12 

hereof. Each voter in the election may cast one vote for a candi- 

date from his district, and one vote for a candidate for mayor. 

Any district councilman candidate receiv ing a majority of the 

total votes cast by the electors of the district in which he is 

a candidate shall be elected as a district councilman in his dis- 

trict. If, in any district, no council candidate has received a 

majority, then another election shall be held upon the same day 

of the week three weeks thereafter to be called and held in the 

same mode and manner and under the same rules and regulations as 

the first election. In the second election there shall be two 

candidates for each place upon the council to be filled in such 

second election; and these candidates shall be the two candidates 

in each such district who received the highest number of votes 

but who were not elected at the first election. The candidate 

for the council in each district receiving a majority of the 

votes cast in his district in the second election shall be elected, 

so that in the first and second elections a total of nine coun- 

cilmen shall be elected. The councilmen so elected shall take 

office on the first Monday in October following the election. 

Sertnahy A 

 



  

oF [629] 

Each councilman shall hold office for four years, but shall serve 

until his successor shall have qualified. A councilman may suc- 

ceed himself in office. 

Section 3. Election of first mayor and term of office. Candidates 

for election as the first mayor hereunder shall qualify as pro- 

vided in Section 28 hereof and shall meet the eligibility require- 

ment in Section 29 of this Chapter. The candidate for mayor re- 

ceiving the largest number of votes for the office at the first 

election shall be elected thereto, provided such candidate receives 

a majority of all votes cast for such office. If at the first elec- 

tion no candidate receives a majority of the votes cast for the 

office of mayor at such election, then another election shall be 

held upon the same day of the week three weeks thereafter to be 

called and held in the same mode and manner and under the same 

rules and regulations. In the second election there shall be two 

candidates for the office of mayor; and these candidates shall 

be the two who received the highest number of votes for said 

office at the first election, and the candidate receiving a 

majority vote in said second election shall be elected mayor. 

Section 4. Conduct of election. The election shall be held 

and conducted in accordance with the provisions of Chapter 3 A 

of Title 37, Alabama Code of 1940, as amended, except as herein 

otherwise specifically provided. 

Section 5. The Council. The Councilmen provided for in this 

article shall be known collectively as the Council of the City 

of Mobile and shall have the powers and duties hereinafter provided. 

The councilmen first elected shall qualify and take office in the 

manner hereinafter prescribed on the first Monday in October, 

following the date the election of all nine councilmen is com- 

pleted, and thereupon such city shall at that time and thereby 

be and become organized under the Mayor - Council form of govern- 

=2< 

 



  

[630] 

  

100 

ment provided under this chapter, and shall thereafter be 

governed by the provisions of this chapter. 

ARTICLE II 

LEGAL STATUS: FORM OF GOVERNMENT: POWERS 

Section 6. Legal Status. When this Mayor - Council form of 

government becomes applicable to the City of Mobile it shall 

continue its existence as a body corporate under the name of 

"City of Mobile". The word "city" as hereinafter used shall 

mean and refer to City of Mobile. The City shall continue as 

a municipal corporation, within the corporate limits as now 

established and as may hereafter be fixed in the manner pre- 

scribed by law, subject to all duties and obligations then 

pertaining to or incumbent upon it as a municipal corporation 

and shall continue to enjoy all the rights, immunities, powers 

and franchises then enjoyed by it, as well as those that may 

thereafter or hereinafter be granted to it. 

Section 7. Form of government. The municipal government of 

said city proceeding under this chapter shall be known as the 

"Mayor - Council form of government'. Pursuant to the provi- 

sions and limitations of this chapter and subject to the limita- 

tions imposed by the Constitution of Alabama and its laws, all 

powers of the city shall be vested in the council elected as 

herein provided and hereinafter referred to as 'the Council", 

which shall enact ordinances, adopt budgets and determine 

policies. All powers of the city shall be exercised in the 

manner prescribed by this chapter, or if the manner be not pre- 

scribed by this chapter, then in such manner as may be prescribed 

by law or by ordinance. 

639 

 



  

101 [631] 

Section 8. Powers of City. The City shall have all the powers 

granted to municipal corporations and to cities by the Constitution 

and laws of this State together with all the implied powers 

necessary to carry into execution all the powers granted. 

ARTICLE III 
  

THE COUNCIL 

Section 9. Number, election, term. The council shall consist | 

of nine members, who shall be known and elected as district 

councilmen. The nine district councilmen shall be elected from | 

districts which shall be, as near as practicable, of equal pop- 

ulation according to the last Federal Decennial Census. The | 

regular election shall be held on the third Tuesday in August | 

preceding the expiration of the term of office of the members 

of the council, the expense thereof to be paid by said city, 

for the election by the qualified voters of such city of nine 

councilmen. Such election shall be held and conducted in 

Alabama Code of 1940, as amended, except as otherwise provided 

\ 

| 
accordance with the provisions of Chapter 3 A of Title 37, | 

by this plan, and Section 2 hereof shall apply to all subse- 

quent elections. 

Section 10. Statement of candidacy. Any person desiring to 

become a candidate in any election for the office of district | 

councilman may become such candidate by filing in the office 

of the City Clerk, a statement in writing of such candidacy \ 

and an affidavit taken and certified by a notary public that 

such person is duly qualified to hold the office for which he 

desires to be a candidate. Such statement shall be filed not 

less than 42 days and not more than 82 days immediately pre- 

ceding the day set for such election and shall be in substantially 

£31 

 



  

[632] 

  

102 

the following form: 'State of Alabama, Mobile County. I, the 

undersigned, being first duly sworn, depose and say that 1 am a 

citizen of the City of Mobile, in said State and County, and 

reside at in said 
  

City of Mobile, that I desire to become a candidate for the 

office of district couweilmon for the.’ distyict, in 

said city at the election for said office to be held on the 

day of August next and that [ am duly qualified to 

  

  

hold said office if elected thereto ami I hereby request that 

my name be printed upon the official bhillot at said election. 

Signed ; _ 3 Subscribed and sworn to 

before me by said _ aoe on this 

day. of © nd _, and filed in this 
  

office for record mm said day, : 
  

City Clerk". Said statement shall he accompanied by a quali- 

fying fee in the amount of $50.00 which fee shall be paid into 

the. general fund of the City. A verso may alse become a 

candidate for the office of district councilman by filing a 

verified pauper's oath with the Citv Clerk, or by filing a 

verified petition containing an endorsement of candidacy by 

the signatures and addresses of 500 pcrsons, each of whom is 

a registered voter residing in the city and within the dis- 

trict for which the individual intends to be a candidate for 

election to office, provided that no such signature may be 

obtained more than twelve (12) months immediately preceding 

the deadline for filing statements of candidacy. No primary 

election shall be held for the nomination of candidates for 

the office of councilman and candidates shall be nominated 

only as hereinabove provided. 

Section 11. Qualification. Every person who shall be elected 

or appointed to the office of member of council, shall, on or 

before the first Monday of October following his election or 

-5. 

632 

 



  

103 1633] 

before the Tuesday following the date of his appointment qualify 

by making oath that he is eligible for said office and will 

execute the duties of same according to the best of his knowledge 

and ability. Said oath may be administered by any person 

authorized to administer an oath under the laws of the State 

of Alabama and filed in the office of the City Clerk. 

Section 12. Eligibility. Councilmen shall be qualified electors 

of the City, shall be residents of the district which they 

represent, and shall reside in the district during their term 

of office. 

Section 13. Compensation. Each couneilman shall receive as 

compensation for his services as such the sum of Fifty ($50.00) 

Dollars for each meeting of the council attended, provided that 

the total of such compensation shall not exceed the sum of 

Thirty-six Hundred ($3,600.00) Dollars per annum. Such salary 

shall be payable in monthly installments at the end of each 

month. The council may fix a separate and additional stipend 

for the President of the Council, not to exceed One Hundred 

($100.00) Dollars per month. 

Section 14. Presiding Officer. The council shall elect an 

officer of the city who shall have the title of President of 

the Council and shall preside at meetings of the council. The 

council shall also elect a President pro tem, who shall act as 

President of the Council during the absence or disability of 

the President. The terms of office of the President and the 

President pro tem shall be for a term of two years and they 

may succeed themselves. If a vacancy shall occur in the office 

of the President of the Council, the council shall elect a 

successor for the completion of the unexpired term. Both the 

President of the Council and the President pro tem shall be 

elected from among the councilmen. 

6 

E
S
 

E
R
A
T
,
 

a
m
 

 



  

[634] 

  

104 

Section 15. Powers. All powers of the city, including all 

powers vested in it by this chapter, by the laws general and 

local, of the State, and by Title 62 of the Code of Alabama   

of 1940, as amended, and the determination of all matters of 

policy, shall be vested in the council. Without limitation 

of the foregoing, the council shall have power to: 

(a) Confirm or deny confirmation to the Mayor's 

appointments of the members of all boards, commissions or 

other bodies authorized hereunder or by law. This provision 

does not apply to officers and employees in the administrative 

service of the city. 

(b) Succeed to all the powers, rights and privileges 

conferred upon the former governing body of the city by statutes 

in effect at the time this chapter becomes applicable and not 

in conflict herewith. 

Section 16. Council not to interfere in appointments or removals. 

Neither the council nor any of its members shall direct or re- 

quest the appointment of any person to, or his removal from, 

office or position by the mayor or by any of his subordinates, 

or in any manner take part in the appoinment or removal of 

officers and employees in the administrative service of the city 

except as otherwise provided herein. Except for the purpose 

of inquiry, the council and its members shall deal with the 

administrative service solely through the mayor, but councilmen 

may report complaints and make inquiries and requests. The 

council nor any member thereof shall give orders to any sub- 

ordinates of the mayor, either publicly or privately, but may 

report complaints and make requests. Such requests will not 

have any legal or binding force and effect. 

 



  

105 [635] | 

Section 17. Vacancies in council. Vacancies in the council ! 

shall be filled by the council at the next regular or any subsequent | 

meeting of the council, and if the term of office in which the 

vacancy occurs has less than one year before the expiration of 

the same, the person elected by the council shall hold office 

until the next regular city council election. If the term of 

office in which a vacancy occurs has more than one year to run     before the expiration of the same then a special election shall 

be held to fill said unexpired term. If any general or special 

election is to be held in the city not more than 120 nor less 

than 60 days following the occurrence of a vacancy then the 

election to fill such vacancy on the council shall be held in 

conjunction with such general or special election, otherwise a   
special election shall be called by the Mayor on a date set 

by him, and shall be held in accordance with the provisions of 

this chapter and the general laws of the State of Alabama, 

applicable to such city. 

Section 18. Creation of new departments or offices; change of 

duties. The council by ordinance may create, change and 

abolish offices, departments, or agencies, other than the 

offices, departments and agencies established by this chapter. 

The council by ordinance may assign additional functions or 

duties to offices, departments or agencies established by this 

chapter, but may not discontinue or assign to any other office, 

department or agency any function or duty assigned by this 

chapter to a particular office, department or agency. 

Section 19. City Clerk. The City Clerk of the city serving 

under the merit system at the time this chapter becomes applicable 

to the city shall continue to hold office as the City Clerk under 

the Mayor - Council form of government of such city, and his 

successor shall be selected and hold office subject to the provi- 

   



  

  

[636] 

  

106 

sions of such civil service or merit system. The council, with 

the concurrence of the mayor shall be the appointing authority in 

filling any vacancy in the office of city clerk. The City Clerk 

shall give notice of special or called meetings of the council, 

shall keep the journal of its proceedings, shall authenticate 

by his signature and record in full in a book kept for such 

purpose all ordinances and resolutions and shall perform such 

other duties as shall be required by this chapter or by ordi- 

nance, and such duties as are imposed by general law of Alabama 

upon city clerks and as to which other provisions are not made 

in this chapter. 

Section 20. Induction of council into office; meetings of 

council. The first meeting of each newly elected council for 

induction into office, shall be held at ten o'clock in the morning 

on the first Monday in October next following its election, after 

which the council shall meet regularly at such times as may be 

prescribed by its rules, but not less frequently than once a 

week. All meetings of the council shall be open to the public. 

Section 21. Council to be judge of qualifications of its members. 

The council shall be the judge of the election and qualifications 

of its members and for such purpose shall have power to subpoena 

witnesses and require the production of records, but the deci- 

sion of the council in any such case shall be subject to review 

by the courts. 

Section 22. Rules of procedure; journal. The council shall 

determine its own rules and order of business. It shall keep 

a journal of its proceedings and the journal shall be open to 

public inspection. 

Section 23. Meetings, passage of ordinances, etc. The council 

shall hold regular public meetings on Tuesday of each and every 

 



  

107 [637] 

week at a regular hour to be fixed by the order of said council 

from time to time and publicly announced; it may hold such ad- 

journed, called, special or other meetings as the business of 

the city may require. The president of the council, when present, 

shall preside at all meetings of said council. Five members of 

the council shall constitute a quorum for the transaction of any 

and every power conferred upon said council, and the affirma- 

tive vote of at least four members of the council, provided such 

four constitute a majority of those voting, shall be sufficient 

for the passage of any resolution, by-law or ordinance, or the 

transaction of any business of any sort by the said council 

or the exercise of any of the powers conferred upon it by the 

terms of this chapter or by law, or which may hereafter be con- 

ferred upon it. No resolution, by-law or ordinance granting 

any franchise, appropriating any money for any purpose, pro- 

viding for any public improvements, any regulation concerning 

the public health, or of any other general or permanent nature, 

except the proclamation of quarantine, shall be enacted except 

at a regular public meeting of said council or an adjournment 

thereof. Every ordinance introduced at any and every such 

meeting shall be in writing and read before any vote thereon 

shall be taken, and the yeas and nays thereon shall be recorded; 

provided that if the vote of all councilmen present be unanimous, 

it may be so stated in the journal without recording the yeas 

and nays. A record of the proceedings of every meeting of the 

council shall be kept, and every resolution or ordinance passed 

by the council must be recorded and the record of the proceedings 

of the meeting shall, when approved by the council, be signed 

by the president of the council and the city clerk. Such records 

shall be kept available for inspection by all citizens of such 

city at all reasonable times. No ordinance of permanent opera- 

tion shall be passed at the meeting at which it was introduced 

-10- 

  

| 
| 

   



  

  

[638] 108 

except by unanimous consent of all members of the council present, 

and such unanimous consent shall be shown by the yea and nay 

votes entered upon the minutes of said meeting; provided, however, 

that if all members of the council present vote for the passage 

of the ordinance and their names are so entered of record as 

voting in favor thereof, it shall be construed as giving 

unanimous consent to the action upon such ordinance at the 

meeting at which it is introduced. All ordinances or resolu- 

tions, after having been passed by the council, shall by the 

clerk be transmitted within forty-eight (48) hours after their 

passage to the mayor for his consideration, who, if he shall 

. approve thereof, shall sign and return the same to the clerk, 

who shall publish them, if publication thereof is required, and 

such ordinances and resolutions shall thereupon become effective 

and have the force of law. Delivery to the office of the mayor 

shall constitute delivery to the mayor. An ordinance or reso- 

lution may be recalled from the mayor at any time before it 

has become a law, or has been acted on by him, by a resolution 

adopted by a majority of the members elected to the council, 

in regular or special session. If the mayor shall disapprove 

of any ordinance or resolution transmitted to him as aforesaid, 

he shall, within ten (10) days of the time of its passage by 

the council, return the same to the clerk with his objections 

in writing, and the clerk shall make report thereof to the next 

regular meeting of the city council; and if two-thirds of the 

members elected to the said council shall at said meeting adhere 

to said ordinance or resolution, not withstanding said objections, 

said vote being taken by yeas and nays and spread upon the 

minutes, then, and not otherwise, said ordinance or resolution 

shall after publication thereof, if publication is required, 

have the force of law. If publication of said ordinance or 

resolution is not required, it shall take effect upon its passage 

over such veto. The failure of the mayor to return to the city 

=11~ 

638 

 



  

109 [639] 

clerk an ordinance or resolution with his veto within ten (10) 

days after its passage by the council shall operate and have 

the same effect as an approval of the same, and the city clerk, 

if publication is required, shall publish the same as is herein 

provided for the publication of laws and ordinances of said 

city. And if no publication is required, the ordinance or 

resolution shall become effective upon the expiration of said 

ten (10) days. These provisions are subject to the publication 

of ordinances as set out in the Alabama Code of 1940 (Recomp. 

1958), Section 462, as amended Title 37. Anything in this 

section to the contrary notwithstanding, the mayor shall not 

have the power of veto over any action of the council relating 

to an investigation as provided for in Section 87. 

  

Section 24. Granting of franchises. No resolution or ordinance, 

granting to any person, firm or corporation any franchise, lease 

or right to use the streets, public highways, thoroughfares, or 

public way of said city, either in, under, upon, along, 

through, or over same shall take effect and be enforced until 

thirty days after the final enactment of same by the council 

and publication of said resolution or ordinance in full once   
a week for three consecutive weeks in some daily newspaper pub- 

lished in said city or if no such newspaper exists, then by 

posting in three public notices, which publication shall be 

made at the expense of the persons, firm or corporation apply- 

ing for said grant. Pending the passage of any such resolution 

or ordinance or during the time intervening between its final 

passage, and the expiration of the thirty days during which 

publication shall be made as above provided, the legally 

qualified voters of said city may, by written petition or petitions 

addressed to said council, object to such grant, and if during 

such period such written petition or petitions signed by at 

1 

629 

 



  

[640] 

  

110 

least ten percent (10%) of the legally qualified voters of the 

city shall be filed with said council, said council shall forth- 

with order an election, which shall be conducted by the election 

commission of the city or other body or official charged with 

the duty of conducting elections therein, at which election the 

legally qualified voters of said city shall vote for or against 

the proposed grant as set forth in the said resolution or 

ordinance. In the call for said election, the said resolution 

or ordinance making such grant shall be published at length and 

in full at the expense of the city in a newspaper published in 

said city by one publication. If a majority of the votes cast 

at such election shall be against the passage of said resolution 

or ordinance, then and in those events, said resolution or 

ordinance shall not become effective nor shall it confer any 

rights, powers or privileges of any kind, otherwise, said 

resolution or ordinance and said grant shall thereupon become 

effective as fully and to the same extent as if said election 

has not been called or held. If, as the result of said election, 

said resolution or ordinance shall not become effective, then 

it shall be the duty of said council, after the results of 

said election shall be determined, to pass a resolution or 

ordinance to that effect. No grant of any franchise or lease 

or right of user, or any other right, in, under, upon, along, 

through, or over the streets, public highways, thoroughfares or 

public ways of any such city, shall be made or given nor shall 

any such rights of any kind whatever be conferred upon any 

person, firm or corporation, except by resolution or ordinance 

duly passed by the council at some regular or adjourned regular 

meeting and published as above provided for in this Section; 

nor shall any extension or enlargement of any such rights or 

powers previously granted be made or given except in the manner 

and subject to all the conditions herein provided for as to the 

-13~ 

 



  

111 [641] 

original grant of same. It is expressly provided, however, that 

the provisions of this Section shall not apply to the grant of 

side track or switching privileges to any railroad for the pur- 

pose of reaching and affording railway connections, and switch 

privileges to the owners or users of any industrial plant, store 

or warehouse; provided further, that said track or switch shall 

not extend for a greater distance than one thousand, three 

hundred twenty feet. 

Section 25. Codification authorized. The council may provide at 

any time it may deem proper, for the revision and codification of 

its ordinances, by-laws, and permanent resolutions, or for the 

adoption of a code or codes by ordinance. Such code or codes 

and the revisions or amendments thereof may relate to the whole 

system of city by-laws, ordinances and permanent resolutions, or 

may relate to that portion of such ordinances, by-laws and per- 

manent resolutions which relate to, affect or purport to govern 

any particular subject or subjects or subdivisions of municipal 

legislation. The council shall have full power and authority 

to prescribe the manner in which said code or codes, revisions, 

or amendments thereto, shall be made public, whether by proclama- 

tion of any officer or officers of said city by posting or by 

publication, one or all, but it shall not be necessary unless 

so prescribed by the council for such code or codes, revisions 

or amendments thereto, to be published in a newspaper or news- 

papers. Nor shall it be necessary that such code or codes, 

revisions or amendments thereto, be spread at length upon the 

minutes, but they will be noted in the minutes. The council 

may prescribe that such code or codes, revisions or amendments 

thereto may be certified by and filed with the city clerk, or 

other corresponding officer, in lieu of spreading at length 

the same on the minutes; and the council may prescribe the 

manner in which copies of such code or codes, revisions, or 

14 

 



  

[642] 

  

112 

amendments thereto, may be officially certified for use by 

the inhabitants or by the courts. The council may adopt and 

provide for the maintenance in a designated office of the 

city of a comprehensive zone map of the city open for in- 

spection by the public at all reasonable times, and may make 

such zone map a part of any ordinance by reference thereto 

in such ordinance and without publication of such zone map 

in any newspaper. Such zone map need not be in one piece 

but may for convenience be in sections. A zone map of terri- 

tory newly added to the city shall be treated as a compre- 

hensive zone map of the city for purposes of application 

of the provisions of the next preceding sentence. These 

provisions are subject to the publication of ordinances, etc., 

as set out in the Alabama Code of 1940 (Recomp. 1958), Sec- 

tion 462, as amended, Title 37. 

Section 26. Examination of books and publication of accounts. 

The council shall each month print ir pamphlet form a de- 

tailed statement of all receipts and expenses of the city, and 

a summary of its proceedings during the preceding month, and 

furnish printed copies thereof to the daily newspapers of the 

city, other members of the news media of the city, and to per- 

sons who apply therefor. At the end of each year, the council 

shall cause a full and complete examination of all the books 

and accounts of the city to be made by a certified public 

accountant, or by the state department of examiner of public 

accounts, and shall cause the result of such examination to 

be published in the manner above provided for publication of 

statements of monthly expenditures. Such examination shall 

not be made more than two years in succession by the same 

accountant. 

<15- 

642 

   



IE
 

fe
d 

Ww
 

aN
 

In
N 

ww
 

ARTICLE IV 

MAYOR   

Section 27. The mayor, election, term, qualification. The first 

mayor shall be elected at the same election at which the council- 

men are elected under the provisions of Sections 1 and 3 of this 

chapter. The first mayor shall qualify and take office in the 

manner hereinafter prescribed. The mayor shall take office on 

the first Monday in October in the same year of election, and 

shall serve for four years. The regular election for mayor 

shall be held on the third Tuesday in August of the year during 

which the term of the first mayor elected hereunder terminates 

and every four years thereafter. The mayor elected at such 

regular election, shall, on or before the first Monday of 

October following his election qualify by making oath that he 

is eligible for said office and will execute the duties of 

same according to the best of his knowledge and ability. Said 

oath may be administered by any person authorized to administer 

an oath under the laws of Alabama. At any election for mayor the 

candidate receiving the highest number of votes for the office 

shall be elected thereto, provided such candidate received a 

majority of all votes cast for such office. If at the first 

election a majority is not received by any candidate for the 

office of mayor, then a second election shall be held on the 

third Tuesday thereafter in the same mode and manner and under 

the same rules and regulations provided in Sections 1 and 3 

hereof with respect to election of the first mayor. 

Section 28. Statement of candidacy. Any person desiring to be- 

come a candidate at any election for the office of mayor may 

become such candidate by filing in the office of the City Clerk 

a statement in writing of such candidacy, accompanied by an 

~16~ 

643  



  

[644] 

  

114 
affidavit taken and certified by a notary public that such 

person is duly qualified to hold the office for which he desires 

to be a candidate. Such statement shall be filed not less 

than 42 days and not more than 82 days immediately preceding 

the day set for such election and shall be in substantially 

the following form: 'State of Alabama, Mobile County, I, the 

undersigned, being first duly sworn, depose and say that I am 

a citizen of the City of Mobile, in said State and County, 

reside at in said City of   

Mobile, that I desire to become a candidate for the office 

of mayor in said city at the election of said office to be 

held on the day of August next and that I am duly 

qualified to hold said office if elected thereto and I hereby 

request that my name be printed upon _the official ballot at 

said election. Signed   

Subscribed and sworn to before me by said   

on this day of > 19 , and filed in   

this office for record on said day, 
  

City Clerk." Said statement shall be accompanied by a quali- 

fying fee in the amount of $300.00, which qualifying fee shall 

be paid into the general fund of the city, or in lieu thereof a 

person may also become a candidate for the office of mayor by 

filing a verified pauper's oath with the City Clerk, or by 

filing a verified petition containing an endorsement of candidacy 

by the signatures and addresses of 2,000 persons, each of whom 

is a registered voter residing in the city, provided that no 

such signature may be obtained more than twelve (12) months 

immediately preceding the deadline for filing statement of 

candidacy. 

Section 29. Eligibility. The mayor shall be a qualified elector, 

and a resident of the city, and shall reside within the city 

during his term of office. 

Section 30. Compensation. The mayor shall receive an annual 

salary in the sum of Thirty Thousand ($30,000.00) Dollars, payable 

=\7- 

 



  

115 [645] 

in monthly installments at the end of each month, said install- 

ments to be paid at the same rate for any portion of the month 

during which the mayor shall hold office at the rate thus provided. 

Section 31. Vacancy in office of mayor. Whenever any vacancy in 

the office of mayor shall occur by reason of death, resignation, 

removal or any other cause, the president of the council shall 

assume the duties of the office of mayor effective on the date 

such vacancy occurs and shall serve as acting mayor until a new 

mayor is elected and qualified as hereinafter provided. The 

acting mayor shall receive no compensation, expenses or allow- 

ances as a councilman while sot ing as mayor, but he will receive 

the same rate of pay and allowance¥ provided for the mayor whose 

vacated office he fills, and the compensation received for days 

of service as acting mayor shall not be counted in determining 

the maximum annual per diem compensation permitted council 

members. While the president of the council is serving as acting 

mayor he may attend council meetings but not vote on any matters 

before the council. The council shall within five (5) days of 

the occurrence of the vacancy in the office of the mayor call a 

special election to fill such vacancy, such election to be held 

on a Tuesday not less than forty-five (45) days and not more than 

sixty (60) days from the occurrence of such vacancy; provided; 

however, if a regular or special election is scheduled or required 

to be held within one hundred twenty (120) days after the occur- 

rence of such vacancy but more than fifty (50) days after such 

occurrence, then the vacancy in the office of mayor will be filled 

at such regular or special election. Notice of such election shall 

be given at the expense of the city by one publication not less 

than forty-five (45) days in advance of the same in one or more 

newspapers published in such city. The method, procedure and re- 

quirements of qualifying, voting upon and determining the suc- 

 



    

[646] 

  

116 

cessful candidate shall be the same as is provided herein rela- 

tive to the election of the mayor at regular elections, except 

that statements of candidacy must be filed not less than 

thirty (30) days immediately preceding the date set for such 

election. The successor to the mayor chosen at any such elec- 

tion shall qualify for office as soon as practical thereafter, 

and shall be clothed with and Sa the duties, responsibilities 

and powers of such office immediately upon such qualification, 

and shall hold office for the unexpired term of his predecessor 

and until his successor is elected and qualified. 

Section 32. The mayor; powers and duties. The mayor shall be 

the head of the administrative branch of the city government. 

He may attend council meetings but not vote in its proceedings 

and he shall have the power and duties herein conferred. He 

shall be responsible for the proper administration of all af- 

fairs of the city, and subject to the provisions of any civil 

service or merit system law applicable to such city and except 

as otherwise provided herein, he shall have power and shall be 

required to: 

(1) Enforce all laws and ordinances. 

(2) Appoint and, when necessary for the good of the 

service, remove all officers and employees of the city except 

as otherwise provided by this chapter, except as he may authorize 

the head of a department or office to appoint and remove sub- 

ordinates in such department or office, all subject to any 

Merit System provision in effect at such time. 

(3) Appoint all members of boards, commissions or 

other bodies authorized herein or by law, subject to the con- 

firmation by the council. When any appointment is sent to the 

council for confirmation and the council fails to either confirm 

or deny confirmation of the appointment for a period of thirty 

days the appointment shall be deemed confirmed without action by 

-19- 

   



117 [647] 

the council. This provision for appointment of members of boards, 

commissions or other bodies authorized herein or by law shall 

supersede any different provisions for appointment of such mem- 

bers contained in any statute or ordinance in effect at the time 

this chapter becomes effective, and shall include power to re- 

move any member of the board, commission or body to the same 

extent as might be done by the preceding governing body of the 

city, and to appoint another in his stead. And wherever any 

statute provides that the chief executive officer of the city 

is designated to act in any capacity ex-officio, the mayor 

shall act. 

: (4) Exercise administrative supervision and control over 

all departments created by this chapter or by law or hereafter 

created by the council, except those otherwise given independent 

status under this chapter. 

(5) Keep the council fully advised as to the financial 

conditions and needs of the city; prepare and submit the budget 

annually to the council and be responsible for its administration 

after its adoption; prepare and submit, as of the end of the 

fiscal year, a complete report on the financial and administrative 

activities of the city for such year. 

(6) Recommend to the council such actions as he may 

deem desirable. 

(7) Prepare and submit to the council such reports as 

may be required of him. 

(8) Perform such other duties as may be prescribed 

by this chapter. 

(9) Fix the salaries or compensation of all officers 

and employees of the city who are appointable by him, subject, 

however, to the provisions of any civil service or merit law 

applicable to the city. 

20 

 



  

[648] 118 

  

Section 33. Administrative departments. There shall be a depart- 

ment of finance and such other departments as may be established 

by ordinance upon the recommendation of the mayor. 

Section 34. Directors of departments. At the head of each depart- 

ment there shall be a director, who shall be an officer of the 

city and shall have supervision and control of the department 

subject to the mayor. Two or more departments may be headed by 

the same individual, the Heyl may head one or more departments, 

and directors of departments may also serve as chiefs of divisions. 

Section 35. Departmental divisions. The work of each department 

may be distributed among such divisions thereof as may be es- 

tablished by ordinance upon the recommendation of the mayor. 

Pending the passage of an ordinance or ordinances distributing 

the work of departments under the supervision and control of the 

mayor among specific divisions thereof, the mayor may establish 

| temporary divisions. 

Section 36. Chief Administrative Assistant to the Mayor. The 

| mayor is hereby authorized to employ for and on behalf of the 

city an employee to be known as Chief Administrative Assistant 

| to the Mayor, to serve at the pleasure of the mayor, to define 

| the duties of said employee, and to fix compensation at a salary 

| not in excess of the highest non-elected employee of the municipal- 

| ity. The Chief Administrative Assistant to the mayor shall per- 

form such administrative and supervisory duties related to the 

office of the mayor as the mayor may delegate; shall keep in- 

| formed of all developments within the various departments of 

the city government and may analyze and recommend procedures and 

| administrative changes for such departments; shall assist the 

i mayor in coordinating the preparation of the executive budget; 

| shall review personnel action requests prior to submission to 

| -21- 

 



119 [649] 

the mayor; shall make feasibility studies of major proposals 

eminating from the city council and various other duties as 

assigned by the mayor. The Chief Administrative Assistant to 

the Mayor as employed hereunder must reside within the city 

during the term of employment. Said Chief Administrative 

Assistant to the Mayor shall not be subject to the provisions 

of any merit system. This section shall not limit the authority 

of said mayor to appoint other employees of said city under 

civil service or otherwise authorized by any law. 

Section 37. Executive Secretary. The mayor is hereby authorized 

to employ for and on behalf of the city an employee to be known 

as Executive Secretary to serve at.the pleasure of the mayor, to 

define the duties of said employee, and to fix compensation at 

a salary not in excess of the highest paid non-elected employee 

of the municipality. The duties of the Executive Secretary shall 

be the coordinating and planning of the mayor's public appearances, 

appointments, and press relations, as well as to assist the 

mayor in making feasibility studies of major policy proposals 

eminating from the city council, monitoring the activities of 

the city council and various other duties as the mayor may 

delegate. The Executive Secretary employed hereunder must re- 

side within the city during the term of employment. Said 

Executive Secretary shall not be subject to the provisions of 

the merit system. This section shall not limit the authority 

of said mayor to appoint other employees of said city under 

civil service or otherwise where authorized by any other law. 

on 

 



  

[650] 

  

120 

ARTICLE V 

BUDGET 

Section 38. Fiscal year. The fiscal year of the city govern- 

ment shall begin on the first day of October and shall end on the 

last day of September of each calendar year. Such fiscal year 

shall also constitute the budget and accounting year. As used 

in this chapter, the term "budget year" shall mean the fiscal 

year for which any particular budget is adopted and in which 

it is administered. 

Section 39. Submission of budgets. On a day to be fixed by the 

council but in no case later than the 20th day of August in each 

year, the mayor shall submit to the council: 

(a) A separate current revenue and expense budget 

for the general operation of the city government, to be known 

as the "general fund budget"; 

(b) A budget for each public utility owned and 

operated by such city; | 

(c) A capital budget; and 

(d) A budget message. 

When submitting the budgets to the council, the mayor shall 

submit his recommendation of new sources of revenue or manner of 

increasing existing sources of revenue, sufficient to balance the 

budgets, if such additional revenue is necessary to accomplish 

that purpose. 

Section 40. Preparation of budgets. It shall be the duty of the 

head of each department, and each other office or agency supported 

in whole or in part by the city, to file with the Director of 

Finance, at such time as the mayor may prescribe, estimates of 

revenue and expenditure for that department, office or agency 

for the ensuing fiscal year. Such estimates shall be submitted 

=23- 

650 

 



  

121 [651] 

‘on the forms furnished by the Director of Finance and it shall 

be the duty of the head of each department, office or agency, to 

supply all the information which the Director of Finance may 

require to be submitted thereon. The Director of Finance shall 

assemble and compile these estimates and supply such additional 

information relating to the financial transactions of the city 

as may be required by the mayor in the preparation of the bud- 

gets. The mayor shall hold such hearings as he may deem ad- 

visable and with the assistance of the Director of Finance shall 

review the estimates and other data pertinent to the preparation 

of the budgets and make such revisions in such estimates as he 

may deem proper, subject to the laws of the State of Alabama 

and any municipal ordinance relating to obligatory expenditures 

for any purpose. 

Section 41. Scope of General Fund Budget. The general fund 

budget shall include only the net amounts estimated to be re- 

ceived from or to be appropriated to each public utility. The 

general fund budget shall be prepared in accordance with ac- 

cepted principles of municipal accounting and budgetary procedures 

and techniques, and shall show: 

(a) such portion of the general fund cash surplus 

as it is estimated will exist, at the end of the current fiscal 

year, and is proposed to be used for meeting expenditures in the 

general fund budget for the ensuing year; 

(b) an estimate of the receipts from current ad 

valorem taxes on real estate and tangible personal property 

during the ensuing fiscal year, assuming that the percentage 

of the levy collected be no greater than the average percentage 

of the levy collected in the last three completed tax years. 

(¢) an estimate of receipts from all other sources 

of revenue, provided that the estimated receipts from each such 

“2h 

 



  

[652] 122 

  

source shall not exceed the percentage of estimated revenue in 

the current fiscal year from the same source, over the amount of 

the revenue received from the same source in the last completed 

fiscal year, unless a law or ordinance under which revenue from 

any source is derived, has been amended or a new source of revenue 

has been provided by law or ordinance, in the course of the 

current year, in which case the estimated receipts from that 

source may be fixed by the mayor. If additional revenue is to 

be derived from the State, the amount fixed by the mayor shall 

not exceed the amount which the proper State official shall 

certify in writing to be the reasonable expectation of receipts 

from such source; @ 

(d) a statement to be furnished by the Director of 

Finance of the debt service requirements for the ensuing year; 

| (e) an estimate of the general fund cash deficit, 

if any, at the end of the current fiscal year and of any other 

obligations required by law to be budgeted for the ensuing 

fiscal year; 

(f) an estimate of expenditures and appropriations 

for all other purposes to be met from the general fund in the 

ensuing fiscal year. All the estimates shall be in detail show- 

ing receipts by sources and expenditures by operating units, 

character and object, so arranged as to show receipts and 

expenditures as estimated for the current fiscal year and 

actual receipts and expenditures for the last fiscal year, in 

| comparison with estimated receipts and recommended expenditures 

il for the ensuing fiscal year. 

Section 42. A balanced budget. In no event shall the expenditures 

recommended by the mayor in the general fund budget exceed ninety- 

eight (987%) percent of the receipts estimated, taking into account 

i 

652 

 



123 [653] 

the estimated cash surplus or deficit at the end of the current 

fiscal year, as provided in the preceding section, unless the 

mayor shall recommend an increase in or levy of new or increased 

taxes or licenses within the power of the city to levy and collect 

in the ensuing fiscal year, the receipts from which, estimated on 

the basis of the average experience with the same or similar taxes 

during the three full tax years last past, will make up the dif- 

ference. If estimated receipts exceed estimated expenditures, 

the mayor may recommend revisions in the tax and license ordi- 

nances of the city in order to bring the general fund budget 

into balance. The same balanced budget restrictions shall apply 

in the adoption of any public utility budget. 

Section 43. The budget message. The budget message shall con- 

tain the recommendations of the mayor concerning the fiscal policy 

of the city, a description of the important features of the budget 

plan, an explanation of all salient changes in each budget sub- 

mitted, as to estimated receipts and recommended expenditures as 

compared with the current fiscal year and the last preceding 

fiscal year, and a summary of the proposed budgets showing com- 

parisons similar to those required by Section 41 above. 

Section 44. Availability of budgets for Inspection and Publica- 

tion of the Budget Message. The mayor shall cause the budget 

message to be printed, mimeographed or otherwise reproduced for 

general distribution at the time of its submission to the council 

and sufficient copies of the proposed general fund, public 

utility and capital budgets to be made, to supply copies to 

each member of the council and each daily newspaper of general 

circulation published in the city and all other members of the 

news media in the city, and two copies to be deposited in the 

office of the city clerk where they shall be open to public in- 

spection during regular business hours. 

-26~  



  

| 
i 

[654] 

  

124 

Section 45. Publication of Notice of Public Hearing. At the 

meeting of the council at which the budget and budget message 

are submitted, the council shall determine the place and time 

of the public hearing on the budget, and shall cause to be 

published a notice of the place and time, not less than seven 

days after the date of publication, at which the council will 

hold a public hearing. Publication shall be made at least once 

in a daily newspaper published and of general circulation in the 

city. At the time and place so advertised, or at any time and 

place to which such public hearing shall from time to time be 

adjourned, the council shall hold a public hearing on the budget 

as submitted, at which any citizen of the city shall be given an 

opportunity to be heard, for or against the estimates of any 

item thereof. 

Section 46. Action by the council on the general fund budget. 

After the conclusion of the public hearing the council may in- 

sert new items of expenditures or may increase, decrease or 

strike out items of expenditure in the general fund budget, ex- 

cept that no item of expenditure for debt service, or any other 

item required to be included by this chapter or other provision 

of law, shall be reduced or stricken out. The council shall 

not alter the estimates of receipts contained in the said budget 

except to correct omissions or mathematical errors and it shall 

not cause the total of expenditures as recommended by the mayor 

to be increased without a public hearing on such increase, which 

shall be held not less than three days after notice thereof by 

publication in a newspaper of general circulation published in 

the city. The council shall in no event adopt a general fund 

budget in which the total of expenditures exceeds nine-eight 

percent of the receipts and available surplus, estimated as pro- 

vided in Section 41 of this chapter unless at the same time it 

~27~ 

654 

 



125 [655] 

adopts measures for providing additional revenue in the ensuing 

fiscal year, estimated as provided in Sections 39 and 42 of this 

chapter, sufficient to make up the difference. 

Section 47. Adoption of General Fund Budget. Not later than the 

20th day of September of the current fiscal year, the council by 

a majority vote shall adopt the general fund budget, and such 

ordinance providing for additional revenue as may be necessary to 

put’ the budget in balance, including a 2% reserve. If for any 

reason the council fails to adopt the general fund budget on or 

before such day, the general fund budget of the current fiscal 

year shall be the general fund budget for the ensuing year, until 

such time as a newly revised budget shall be adopted by the coun- 

cil, and, until such time, shall have full force and effect to 

the same extent as if the same had been adopted by the council, 

notwithstanding anything to the contrary in this chapter. 

Section 48. Expenditure Line Item, Veto by Mayor. If the mayor 

shall disapprove of any expenditure line item contained in the 

budget transmitted to him by the council, he shall, within ten 

(10) days of the time of its passage by the council, return 

the same to the clerk with his objections in writing, and the 

clerk shall make report thereof to the next regular meeting of 

the city council, and if two-thirds of the members elected to the 

said council shall at said meeting adhere to said expenditure 

line item by yeas and nays and spread upon the minutes, then and 

not otherwise, said expenditure line item shall become effective. 

Section 49. Effective Date of Budget; Certification; Copies 

Made Available. Upon final adoption, the budget shall be in 

effect for the budget year. A copy of the budget, as finally 

adopted, shall be certified by the mayor and city clerk and 

filed in the office of the Director of Finance. The budget so 

certified shall be printed, mimeographed or otherwise reproduced 

-28- 

 



  

[656] 

  

126 

and sufficient copies thereof shall be made available for the 

use of all offices, departments and agencies and for the use of 

the citizens of the city who request a copy. 

Section 50. Utility Budgets. Separate budget estimates for any 

public utilities owned and operated by the city shall be submitted 

to the Director of Finance at the same time as the budget estimates 

of other departments, and in the form prescribed by the Director 

of Finance. The mayor shall present to the council the budget for 

the utility operation, itemizing the receipts and expenditures in 

manner and form as is generally provided for in Section 41 of this 

chapter as being applicable to the general fund budget. 

Section 51. Work Plan and Allotments. After the current expense 

budgets have been adopted and before the beginning of the fiscal 

year the head of each department, office, and agency, shall submit 

to the mayor in such form as he shall prescribe a work program 

which shall show the requested allotments of the appropriations 

for such department, office or agency for the entire fiscal year 

by monthly or quarterly periods as the mayor may direct. Before 

the beginning of the fiscal year the mayor shall approve, with 

such amendments as he shall determine, the allotments for each 

such department, office, or agency, and shall file the same with 

the Director of Finance who shall not authorize any expenditure 

to be made from any appropriation except on the basis of approved 

allotments, provided that such allotments shall be in conformity 

with the salaries established by ordinance, the provisions of 

any merit or civil service system applicable to such city, the 

laws of the State of Alabama and any municipal ordinances of such 

city, relating to obligatory expenditures for any purpose. The 

aggregate of such allotments shall not exceed the total appro- 

priation available to each such department, office, or agency 

for the fiscal year. An approved allotment may be revised during 

=25~ 

 



  

the fiscal year in the same manner as the original allotment was 

made. If at any time during the fiscal year the mayor shall as- 

certain that the revenue cash receipts of the general fund or 

any public utility for the year plus any cash surplus available 

from the preceding year, will be less than the total appropria- 

tions to be met from such receipts and said surplus, he shall 

reconsider the work and allotments of the departments, offices 

and agencies, and, subject to the laws of the State of Alabama 

and any municipal ordinances of the city relating to obligatory 

expenditures for any purpose, revise the allotments so as to 

forestall the incurring of a deficit; provided, however, that 

there shall be no reduction in salaries except by order of the 

council, or as authorized by law. 

Section 52. Transfers of Appropriations. The mayor may at any 

time authorize, at the request of any department, office, or 

agency, the transfer of any unencumbered balance or portion 

thereof in any general fund appropriation from one classification 

of expenditure to another within the same department, office 

or agency. At the request of the mayor, the council may by 

resolution transfer any unencumbered balance or portion thereof 

in any general fund appropriation from one department, office 

or agency to another. 

Section 53. Additional Appropriations. Appropriations in addi- 

tion to those contained in the original general fund budget 

ordinance, may be made by the council by not less than five 

affirmative votes, but only on the recommendation of the mayor 

and only if the Director of Finance certifies in writing that 

there is available in the general fund a sum unencumbered and 

unappropriated sufficient to meet such appropriation. 

Section 54. Emergency Appropriations. At any time in any budget 

year, the council may, pursuant to this Section, make emergency 

~30< 

 



  

[658] 

  

128 

appropriations to meet a pressing need for public expenditures, 

for other than a regular or recurring requirement, to protect 

the public health, safety or welfare. Such appropriation may 

be made by the council, by not less than five affirmative votes, 

but only on the recommendation of the mayor. The total amount 

of all emergency appropriations made in any budget year shall 

not exceed five per centum of the total general fund operating 

appropriations made in the budget for that year. 

Section 55. Appropriations to Lapse. Any portion of an appro- 

priation remaining unexpended and unencumbered at the close of 

the fiscal year, shall lapse. — 

Section 56. Capital Budget. At the same time that he submits 

the general fund budget, the mayor shall submit to the council 

a capital improvement program covering all recommended capital 

improvement projects, for the ensuing fiscal year and for the 

four fiscal years thereafter, with his recommendation as to the 

means of financing the improvements proposed for the ensuing 

fiscal year. The council shall have the power to accept with or 

without amendments or reject the proposed program and proposed 

means of financing for the ensuing fiscal year; and may from 

time to time during the fiscal year amend by ordinance adopted 

by at least five affirmative votes, the program previously 

adopted by it, or the means of financing the whole or any part 

thereof or both, provided that the amendment shall have been 

recommended by the mayor and further, provided such additional 

funds are available in the general fund or in any other fund 

of the city available therefor. The council shall adopt a 

capital budget prior to the beginning of the fiscal year in which 

the budget is to take effect. No appropriations for a capital 

improvement project contained in the capital budget shall lapse 

until the purpose for which the appropriation was made shall have 

~31- 

658 

 



  

129 [659] 

been accomplished or abandoned, provided that any project shall 

be deemed to have been abandoned if three fiscal years lapse with- 

out any expenditure from or encumbrance of the appropriation 

therefor. Any such lapsed appropriation shall be applied to the 

payment of any indebtedness incurred in financing the project 

concerned and if there be no such indebtedness shall be available 

for appropriation. 

Section 57. Certification of Funds; Penalties for Violation. 

No payment shall be made and no obligation incurred by or on 

behalf of the city except in accordance with an appropriation 

duly made and no payment shall be made from or obligation in- 

curred against any allotment or ab otopribtioh unless the Director 

of Finance shall first certify that there is a sufficient un- 

expended and unencumbered balance in such allotment or appro- 

priation to meet the same; provided that nothing herein shall be 

taken to prevent the advance authoriztion of expenditures for 

small purchases as provided in subsection (e) of Section 64 

of this chapter. Every expenditure or obligation authorized 

or incurred in violation of the provisions of this chapter 

shall be void. Every payment made in violation of the provisions 

of this chapter shall be deemed illegal and every official who 

shall knowingly authorize or make such payment or knowingly 

take part therein and every person who shall knowingly receive said 

payment or any part thereof shall be jointly and severally liable 

to the city for the full amount so paid or received. If any 

officer, member of the board, or employee of the city, shall 

knowingly incur any obligation or shall knowingly authorize or 

make any expenditure in violation of the provisions of this 

chapter or knowingly take part therein, such action shall be cause 

for his removal. Nothing in this section contained, however, 

shall prevent the making of contracts of lease or for services 

providing for the payment of funds at a time beyond the fiscal 

=33- 

 



  

[660] 130 

  

year in which such contracts are made, provided the nature of 

such transactions will reasonably require the making of such 

contracts. 

Section 58. Reserve for Permanent Public Improvements. The 

council may by ordinance establish a reserve fund for permanent 

Hh . * . . 
i public improvements and may appropriate thereto any portion of the 

general fund cash surplus not otherwise appropriated at the close 

of any fiscal year. Appropriations from the said fund shall be 

made only to finance improvements included in the capital budget. 

| Section 59. Budget Continuation. Any official adopted budget in 

| existence at the time that the council is first organized shall 

| continue in force and effect during the balance of the city's 

then fiscal year, or until such time as the mayor may submit 

to the council and the council adopts, an amended, altered or | 
I revised budget for the balance of said fiscal year. 

I Section 60. Budget Summary. At the head of the budget there 

! shall appear a summary of the budget, which need not be itemized 

further than by principal sources of anticipated revenue, stating 

| separately the amount to be raised by property tax, kinds of 

| expenditures itemized according to departments, doing so in 

| such manner as to present to the taxpayers a simple and clear 

summary of the detailed estimates of the budget. 

ARTICLE VI 

DEPARTMENT OF FINANCE 
  

I 
Section 61. Director of Finance; appointment. There shall be a 

| 

| 
department of finance, the head of which shall be the Director 

of Finance, who shall be appointed by the mayor, subject to pro- 

visions of civil service or the merit system applicable to the 

He shall be the chief Financial Officer of the city. clicy. 

-33- | 

660 

  



  

Section 62. Director of Finance; qualifications. The director 

of finance shall be a person skilled in municipal accounting, 

taxation, and financial control. 

Section 63. Director of Finance, surety bond. The Director of 

Finance shall provide a bond with such surety and in such amount 

as the council may require by resolution or ordinance. The 

premium on said bond shall be paid by the city. 

Section 64. Director of Finance; powers and duties. The 

Director of Finance shall have general management and control 

of the several divisions and units of the Department of Finance. 

He shall have charge, subject to the direction and control of 

the mayor, of the administration of the financial affairs of 

the city, and to that end shall have authority and be required 

to: 

(a) cooperate with the mayor in compiling estimates 

for the general fund, public utility and capital budgets; 

(b) supervise and control all encumbrances, expendi- 

tures and disbursements to insure that budget appropriations 

are not exceeded; 

(c) prescribe and install systems of accounts for all 

departments, offices, and agencies of the city and provide 

instructions for their use; and prescribe the form of receipts, 

vouchers, bills or claims to be used and of accounts to be kept 

by all departments, offices, and agencies of the city; 

(d) require daily, or at such other intervals as he 

may deem expedient, a report of receipts from each of such de- 

partments, offices and agencies, and prescribe the time and the 

manner in which moneys received by them shall be paid to the 

office of the Director of Finance or deposited in a city bank 

account under his control; 

=34- 

661 

 



  

[662] 132 

  

(e) examine all contracts, purchase orders and other 

documents, except bonds and notes which create financial obliga- 

tions against the city, and approve the same only upon ascertain- 

ing that money has been appropriated and allotted therefor and 

that an unexpended and unencumbered balance is available in 

such appropriation and allotment to meet the same, provided 

that the Director of Finance may give advance authorization for 

the expenditure from any appropriation for the purchase of 

supplies, materials, or equipment of such sum, within the current 

allotment of such appropriation as he may deem necessary during 

a period of not to exceed the ensuing three calendar months for 

the purchase of items not to exceed in cost One Hundred Dollars 

for any one item, and immediately encumber such appropriation | 

with the amount of such advance authorization, and thereafter, | 

within the period specified, purchase orders for such items, to 

an aggregate not exceeding such authorization, shall be valid 

without the prior approval of the Director of Finance endorsed 

thereon, but each such purchase order shall be charged against 

such authorization and no such purchase order, which together 

with all such purchase orders previously charged within the 

period specified shall exceed the amount of such authorization, | 

shall be valid; 

(f) have custody of all public funds belonging to 

or under the control of the city, or any office, department or 

agency of the city government and deposit all funds coming into 

his hands in such depositories as may be designated by resolution 

or ordinance of the council, or, if no such resolution or 

ordinance be adopted, by the mayor, subject to the requirements 

of law as to surety and the payment of interest on deposits. | 

All such interest shall be the property of the city and shall be 

accounted for and credited to the proper account. He shall not 

be liable for any loss sustained as to funds of the city that 

=35~ 

  
 



  
  

133 [663] 

are on deposit in such a designated bank or depository; 

(g) audit and approve before payment, all bills, 

invoices, payrolls and other evidences of claims, demands or 

charges against the city government and with the advice of the 

department of law, determine the regularity, legality and 

correctness of such claims, demands or charges; 

(h) have custody of all investments and invested 

funds of the city or in its possession in a fiduciary capacity, 

unless otherwise provided by this chapter, or by law, ordinance 

or the terms of any trust, and the safekeeping of all bonds 

and notes of the city and the receipt and delivery of city 

bonds and notes for transfer, registration and exchange; 

(i) have supervision over the preparation of bond 

ordinances, bonds, advertisements for sale of bonds, preparation 

of bond prospectuses, conduct of sale of bonds, and delivery of 

bonds, all subject to provisions of law and municipal ordinances, 

applicable thereto. Bonds shall be authenticated by the manual 

signature of the Director of Finance and shall bear the facsimile 

signature of the mayor and a facsimile of the seal of the city. 

Interest coupons transferable by delivery shall be attached to 

the bond and shall be authenticated by the facsimile signature 

of the Director of Finance; 

(j) supervise and direct the placing of all types of 

insurance carried by the city where the premiums in whole or in 

part are paid by the city, or the premiums in whole or in part are 

withheld through the payrolls; the amount of all types of insur- 

ance on which the city pays the premiums in whole or in part 

shall be determined by the council after a recommendation by 

the mayor; 

(k) submit to the mayor for presentation to the council 

not later than the twelfth day of each month, a statement showing 

in reasonable detail the revenues received by the city during the 

=36~ 

663 

 



  

[664] 

  

134 

preceding month, the revenues received during that fiscal year 

up to and through the end of the preceding month, the expendi- 

tures made during the preceding month, and the accumulated ex- 

penditures made during that fiscal year up to and through the 

end of the preceding month, together with a comparison of 

said items with the budget estimates; 

(1) furnish to the head of each department, office or 

agency of the city a copy of that portion of the statement as 

required in item (k) of this section, as same is related to his 

department, office or agency; 

(m) prepare and submit to the mayor at the end of 

each fiscal year, for the preceding year, a complete financial 

statement and report of the financial transactions of the city; 

(n) nets alin the approval of the Mayor, and 

subject to the provisions of any merit or civil service system 

applicable to such city, an employee of the department of 

finance as deputy director of finance who during the temporary 

absence or incapacity of the director of finance shall have 

and perform all the powers and duties conferred or imposed 

upon the director of finance; 

(0) protect the interests of the city by withholding 

the payment of any claim or demand by any person, firm or 

corporation against the city until any indebtedness or other 

liability due from such person, firm or corporation shall first 

have been settled and adjusted; 

(p) collect all special assessments, license fees 

and other revenues of the city for whose collection the city 

is responsible and receive all money receivable by the city 

from the county, state or federal government, or from any court, 

or from any office, department or agency of the city; 

(q) with nprovel of the mayor to inspect and audit 

any accounts or records of financial transactions which may be 

37 

664 

 



  

  

135 [665] 

maintained in any office, department or agency of the city 

government apart from or subsidiary to the accounts kept in his 

office; 

(r) supervise through the division of purchases as 

provided for in Section 67 of this chapter and be responsible 

for the purchase, storage and distribution of all supplies, 

materials, equipment and other articles used by any office, 

department or agency of the city government. 

Section 65. When contracts and expenditures prohibited. No 

officer, department or agency shall, during any budget year, 

expend or contract to expend any money or incur any liability, 

or enter into any contract which by its terms involves the 

expenditure of money, for any purpose, in excess of the amounts 

appropriated for that general classification of expenditure 

pursuant to this chapter. Any contract, verbal or written, 

made in violation of this chapter shall be null and void. 

Nothing in this Section contained, however, shall prevent the 

making of contracts or the spending of money for capital im- 

provements to be financed in whole or in part by the issuance 

of bonds, nor the making of contracts of lease or for services 

for a period exceeding the budget year in which such contract is 

made, when such contract is permitted by law. 

Section 66. Fees shall be paid to city government. All fees 

received by any officer or employee of the city, shall belong 

to the city government and shall be paid daily to the depart- 

ment of finance. 

Section 67. Division of purchases. There shall be established 

in the department of finance a division of purchases, the head 

of which shall be the city purchasing agent. The purchasing 

agent, pursuant to rules and regulations established by resolu- 

-38= 

 



  

[666] 

  

136 

tion or ordinance, shall contract for, purchase, store and 

distribute all supplies, materials and equipment required by 

by any office, department or agency of the city government. 

The purchasing agent shall also have power and shall be re- 

quired to: 

(a) Establish and enforce specifications with respect 

to supplies, materials, and equipment required by the city govern- 

ment; 

(b) Inspect or supervise the inspection of all de- 

liveries of supplies, materials and equipment, and determine 

their quality, quantity and conformance with specifications; 

(c) Have charge of such general storerooms and ware- 

houses as the council may provide by resolution or ordinance; 

(d) Transfer to or between offices, departments or 

agencies, or sell surplus, obsolete, or unused supplies, material 

and equipment; 

(e) Perform such other duties as may be imposed upon 

him by resolution or ordinance. 

Section 68. Competitive bidding. Before the purchasing agent 

makes any purchase of or contract for supplies, materials or 

equipment, he shall give ample opportunity for competitive bidding, 

under such rules and regulations and with such exceptions as the 

council may prescribe by resolution or ordinance, provided, however, 

that the council shall not exempt individual contracts, purchases, 

or sales from the requirement of competitive bidding. 

Section 69. Contracts for city improvements. Any city improve- 

ment costing more than $2,000 shall be executed by contract ex- 

cept where such improvement is authorized by the council to be 

executed directly by a city department in conformity with detailed 

plans, specifications and estimates. All such contracts for 

more than $2,000 shall be awarded to the lowest responsible 

~39- 

666 

   



  

  

  

137 [667] 

bidder after such public notice and competition as may be pre- 

scribed by resolution or ordinance, provided the mayor shall 

have the power to reject all bids and advertise again. Altera- 

tion in any contract may be made when authorized by the council 

upon the written recommendation of the mayor. Nothing in this 

or Section 68 shall be construed to supersede or nullify pro- 

visions of state law requiring or governing competitive bidding. 

Section 70. Accounting control of purchase. All purchases made 

and contracts executed by the purchasing agent shall be pursuant 

to a written requisition from the head of the office, department 

or agency whose appropriation will be charged, and no contract 

or order shall be issued to any vendor unless and until the 

director of finance certifies that there is to the credit of 

such office, department or agency, a sufficient unencumbered 

appropriation balance to pay for the supplies, materials, equip- 

ment or contractual service for which the contract or order is 

to be issued. 

Section 71. Borrowing in anticipation of revenues. In any 

budget year, in anticipation of the collection or receipt of 

revenues of the budget year, the council may by resolution 

authorize the borrowing of money by the issuance of negotiable 

notes of the city, each of which shall be designated ''revenue 

note for the year 19__ (stating the budget year)'. Such notes 

may be renewed from time to time; but all such notes, together 

with the renewals thereof, shall mature and be paid not latex 

than the end of the fiscal year after the budget year in which 

the original notes have been issued. Such borrowing shall be 

subject to any limitation on amount provided by statute. 

Section 72. Borrowing to meet emergency appropriations. In 

the absence of unappropriated available revenues to meet emergency 

~L0=~ 

667  



  

[668] 138 

appropriations under the provisions of Section 53, the council 

may by resolution authorize the issuance of notes, each of which 

shall be designated "emergency note' and may be renewed from 

time to time, but all such notes of any fiscal year and any | 

renewals thereof shall be paid not later than the last day of 

the fiscal year next succeeding the budget year in which the   
emergency appropriation was made. 

Section 73. Notes redeemable prior to maturity. No notes shall 

be made payable on demand, but any note may be made subject to | 

redemption prior to maturity on such notice and at such time | 

as may be stated in the note. 

Section 74. Sale of notes; report of sale. All notes issued | 

pursuant to this chapter may be sold at not less than par and 

accrued interest at private sale without previous advertisement. 

  

ARTICLE VII | 

SUCCESSION IN GOVERNMENT | 
  

Section 75. Rights of officers and employees preserved. Nothing 

in this.chapter contained, except as specifically provided, shall | 

affect or impair the rights or privileges of officers or employees | 

of the city or of any office, department or agency existing at 

the time when this chapter shall take effect or any provision of 

law in force at the time when the Mayor - Council form of govern- 

ment shall become applicable and not inconsistent with the pro- | 

visions of this chapter in relation to the personnel, appointment, 

ranks, grades, tenure of office, promotion, removal, pension and | 

retirement rights, civil rights or any other rights or privileges | 

of officers or employees of the city or any office, department 

or agency thereof. 

4) ~ 

668 

 



  

  

139 [669] 

Section 76. Continuance of present officers. All persons hold- 

ing administrative office at the time the Mayor - Council form of 

government becomes effective shall continue in office and in the 

performance of their duties until provisions have been made in 

accordance therewith for the performance of such duties or the 

discontinuance of such office. The powers conferred and the 

duties imposed upon any office, department or agency of the 

city by the laws of the State, if such office, department or 

agency shall be abolished by this chapter, or under its authority, 

be thereafter exercised and discharged by the office, department 

or agency designated by the council unless otherwise provided 

herein. 

Section 77. Status of officers and employees holding positions 

when the Mayor - Council form of government becomes effective. 

Any person holding an office or position in the classified service 

of the city under any civil service or merit system applicable 

to the city when the Mayor - Council form of government shall 

become effective shall be continued as such officer or employee 

in the classified service of the city under the Mayor - Council 

form of government and with the same status, rights and privi- 

leges and subject to the same conditions under such applicable 

civil service or merit system as if the Mayor - Council form of 

government had not become applicable. 

Section 78. Transfer of records and property. All records, 

property and equipment whatsoever of any office, department or 

agency or part thereof, all the power and duties of which are 

assigned to any other office, department or agency by this 

chapter, shall be transferred and delivered to the office, 

department, or agency to which such powers and duties are so 

assigned. If part of the powers and duties of any office, de- 

partment or agency or part thereof are by this chapter assigned 

he 

669 

 



    
[670] 140 

to another office, department or agency, all records, property 

and equipment relating exclusively thereto shall be transferred 

and delivered to the office, department or agency to which such 

powers and duties are so assigned. 

Section 79. Continuity of offices, departments or agencies. Any 

office, department or agency provided for in this chapter with a 

name or with powers and duties the same or substantially the 

same as those of an office, department or agency heretofore 

existing shall be deemed to be a continuation of such office, de- 

partment or agency and until otherwise provided, shall exercise 

its powers and duties in continuation of their -exercise by the 

office, department or agency by which the same were heretofore 

exercised and, until otherwise provided, shall have power to 

continue any business, proceeding or other matter within the 

scope of its regular powers and duties commenced by an office, 

department or agency by which such powers and duties were here- 

tofore exercised. Any provision in any law, rule, regulation, | 

contract, grant or other document relating to such a formerly 

existing office, department or agency, shall, so far as not 

inconsistent with the provisions of this chapter, apply to such | 

| office, department or agency provided for by this chapter. 

Section 80. Continuance of contracts and public improvements. 

All contracts entered into by the city, or for its benefit, 

prior to the application to such city of the Mayor - Council 

form of government, shall continue in full force and effect. 

Public improvements for which legislative steps have been taken 

under laws existing at the time of the organization under the 

Mayor - Council form of government may be carried to completion 

as nearly as practicable in accordance with the provisions of 

such existing laws. 

=43= 

670   
 



  

{ 
| 
| 

\ 

    

141 [671] 

Section 81. Pending actions and proceedings. No action or pro- 

ceedings, civil or criminal, pending at the time of the organiza- 

tion under the Mayor - Council form of government, brought by 

or against the city or any office, department or agency or officer 

thereof, shall be affected or abated by the change to the Mayor - 

Council form of government or by anything contained in this 

chapter; but all such actions or proceedings may be continued 

notwithstanding that functions, powers and duties of any office, 

department or agency or officer party thereto may by or under 

this chapter be assigned or transferred to another office, 

department or agency or officer, but in that event the same 

may be prosecuted or defended by the head of the office, de- 

partment or agency to which such functions, powers and duties 

have been assigned or transferred by or under this chapter. 

Section 82. Pension and Relief Funds. All laws and parts of 

laws relating to pensions or retirement and relief funds for 

policemen, firemen and other employees of the city, contained 

in the general or local laws of the State or in Title 62 of 

the Code of Alabama, as amended, as the same may apply and be 

in effect with respect to the City of Mobile at the time when 

such city shall become governed by the provisions of this 

chapter, shall continue in full force and effect, and without 

interruption or change as to any rights which have been ac- 

quired thereunder. 

Section 83. Park, playground and fairground authority. All 

laws and parts of laws relating to establishment of an authority 

for fairgrounds, parks, exhibits, exhibitions and other in- 

stallations, facilities and places for the amusement, enter- 

tainment, recreation and cultural development of the citizens 

of a city, and for the powers, authority, mode of financing and 

conduct of the same, contained in the general or local laws of 

~blym 

671 

 



    

[672] 142 

the State or in Title 62 of the Code of Alabama, as amended, as 

the same may apply and be in effect with respect to any city 

at the time when such city shall become organized under the 

provisions of this chapter, shall continue in full force and 

effect, and without interruption or change as to the estab- 

lishment or conduct of any authority created thereunder, after 

application of the Mayor - Council form of government to such 

city. 

Section 84. Continuance of ordinances and resolutions. All 

ordinances and resolutions of the city in effect at the time 

of this court's decree dated the 2lst day of October, 1976, 

as last amended, and the Mayor - Council form of government 

herein set up becomes effective shall continue in effect unless | 

and until changed or repealed by the council. 

ARTICLE VIII   

or 
e
—
—
—
—
 

GENERAL PROVISIONS 
  

Section 85. Removal of officers and employees. Subject to the 

provisions of any civil service or merit system applicable to | 

the city, any officer or employee to whom the mayor, or a head 

of any office, department or agency, may appoint a successor, 

may be removed by the mayor or other appointing officer at any 

time, and the decision of the mayor, or other appointing officer 

shall be subject to appeals therefrom, if any, provided by 

applicable law. 

Section 86. Right of mayor and other officers in council. 

The mayor, the heads of all departments, and such other officers 

of the city as may be designated by the council, shall be entitled 

to attend meetings of the council, but shall have no vote therein, 

the mayor shall have the right to take part in the discussion 

=45= 

672 

        
 



  

| 
{ 
( | 
\ 

( 
{ 
| 

    

143 [673] 

of all matters coming before the council, and the directors 

and other officers shall be entitled to take part in all 

discussions of the council relating to their respective 

offices, departments or agencies. 

Section 87. Investigations by council or mayor. The council, 

the mayor, or any person or committee authorized by either 

of them, shall have power to inquire into the conduct of any 

office, department, agency or officer of the city and to make 

investigations as to municipal affairs, and for that purpose 

may subpoena witnesses, administer oaths, and compel the produc- 

tion of books, papers and other evidence. 

Section 88. Contracts extending beyond one year. No contract 

involving the payment of money out of the appropriation of 

more than one year shall be made for a period of more than 

five years, nor shall any such contract be valid unless made 

or approved by resolution or ordinance. 

Section 89. Employees not to be privately interested in city's 

contracts. No city employee shall be interested, directly or 

indirectly, in any contract for work or material, or the profits 

thereof, or services to be furnished or performed for the city. 

The mayor and councilmen shall recuse themselves from any and 

all official acts or duties in which they have an interest, 

directly or indirectly, in any contract for work or material, 

or the profits thereof, or services to be furnished or performed 

for the city. 

Section 90. Official Bonds. The director of finance, and such 

other officers or employees as the council may by general ordi- 

nance require so to do, shall give bond in such amount with such 

surety as may be approved by the council. The premiums on such 

bonds shall be paid by the city. 

til 

673 

 



[674] 

  

144 

Section 91. Oath of Office. Every officer of the city shall, 

before entering upon the duties of his office, take and sub- 

scribe to the following oath or affirmation, to be filed and 

kept in the office of the city clerk: 

"I solemnly swear (or affirm) that I will support 

the Constitution and will obey the laws of the United States 

and of the State of Alabama, and that I will, in all respects, 

observe the provision of the ordinances of the City of Mobile, 

and will faithfully discharge the duties of the office of 

  

Section 92. Reapportionment. Whenever there shall be a change 

in the population in any of the nine districts heretofore estab- 

lished, evidenced by a federal so in of population published 

following a decennial federal census hereafter taken beginning 

in 1990, there shall be a reapportionment of the council dis- 

tricts in the manner hereinafter provided. 

(1) The mayor shall within six months after the pub- 

lication of the 1990 federal census, and each decennial federal 

census thereafter of the population of the city, file with the 

council a report containing a recommended plan for the reappor- 

tionment of the council district boundaries to comply with the 

following specifications: 

(a) Each district shall be formed of contiguous 

and to the extent reasonably possible, compact territory, and 

its boundary lines shall be the centterlings of streets or other 

well defined boundaries. 

(b) Each district shall contain as nearly as is 

reasonable the same population. 

(2) The report shall include a map and description of 

the districts recommended and shall be drafted as a proposed 

ordinance and considered by the council as other ordinances are 

considered. Once filed with the clerk, the report shall be 

=47- 

674% 

   



  

| 
| 
| 

145 

treated as an ordinance introduced by a council member. 

(3) The council shall enact a redistricting ordinance 

within six months after receiving such report. If the council 

fails to enact the redistricting ordinance within the said six 

months, the redistricting plan submitted by the mayor shall 

become effective without enactment by the council, as if it 

were a duly enacted ordinance. 

(4) Such redistricting ordinance shall not apply 

to any regular or special election held within six months after 

its becoming effected. No incumbent councilman or member of 

the board or commission shall be deprived of his unexpired 

term of office’/because of such redistricting. 

675 

[675] 

 



  

146 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

15. = 
  

2 | blacks were disinfranchised before 1950. 

3 | MR. BLACKSHER: | 

: | All right, sir. There is some question in this | 

2 case whether there was any discriminatory racial motive | 

5 ll venind 20a IAT Mr. 

7 THE COURT: | 

8 All right. Go ahead, Mr. Blacksher. 

9 MR. BLACKSHER: | 

  

10 We call Dr. McLaurin. 

1 | 
12 DR. MELTON McLAURIN | 

ip the witness, called on behalf of the Plaintiffs, and 

I after having first been duly sworn to tell the truth, the | 

5 whole truth, and nothing but the truth, took the stand and 

  

18 testified as follows: 

17 

DIRECT EXAMINATION | 
| 

19 
BY MR. BLACKSHER: 

9 

2 Q May it please the Court, this is Dr. Melton A. 

1 
2 McLaurin. Dr. McLaurin was born July 11, 1941. His place 

22 
of birth was Fayetteville, North Carolina. His present | 

23 ; : | 
address is 808 Deerfield Court, Mobile. He is married. 

24 . 
His formal education includes a Bachelor's Degree | 

25 
        
 



—
p
 

147 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
18 

  

24 

25 

  

  
  

  

and I have taught non-credit courses in the history of 

Mobile. Those are the basic courses that I teach. 

Q Where did you teach these non-credit courses on 

the history of Mobile? 

A At the University of South Alabama continuing 

education division. 

Q Have you ever testified in Court as an expert 

witness, Dr. McLaurin? 

A No, I haven't. 

Q Have you ever testified as a witness in any role 

in Court? 

A No. I haven't. 

MR. BLACKSHER: 

Your Honor, on the basis of the testimony of the 

witness and the evidence in his curriculum vitae, which we 

have not completely summarized, we move that Dr. McLaurin 

be qualified as an expert witness in the field of Southern 

History, generally, and in the history of Mobile, Alabama? 

THE COURT: 

All right. Go ahead. 

MR. BLACKSHER: 

Q Dr. McLaurin, what was the beginning of black 

political activity in Mobile, Alabama? 

A Blacks became politically active in Mobile with 

       



    

148 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

19 
  

the beginning of radical reconstruction in the spring of 1867 

and that was the beginning of their political activity. 

Q How did they become active? 

MR. ARENDALL: 

Objection, irrelevant. 

THE COURT: 

I will let him show it: Overruled. 

A They became politically active in almost all areas. 

They held a convention immediately after the passage of 

the Reconstruction Acts and gathered themselves together 

to decide what activities to engage in. From that point 

forward, which was in May of '67, and were active in almost 

all fields of political endeavor. 

Q What about black citizens in Mobile, particularly? 

Were they any more active? 

A Well, Mobile was the major urban center in the 

State and blacks congregated here at the end of the war and 

held sort of a black political convention here -- not at the 

end of the war, but at the beginning of radical reconstruc- 

tion, yes. In a way, Mobile was a center for black political 

activity. 

Q Were black Mobilians active in any way in forming 

policy? 

A Blacks were represented at the convention in 1867 

  

| 

    
         



149 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

2 which wrote the constitution in 1868 and actively partici- 

| 3 pated in that convention. 

4 Q Do you recall the names of those black delegates? 

5 THE COURT: 

6 Is that detail necessary? You know, you are going 

| 7 over something that is generally knowledgeable. It is all 

8 right to build your pattern, but cut down on some of it unless 

| 9 the name has some particular significance. 

0 MR. BLACKSHER: | 

| 1 We will move along, your Honor. 

| 12 Q I don't want to say it was generally knowledgeable. 

Most of it was new to me. 

| THE COURT: 
| 

| Well, go ahead. 

MR. BLACKSHER: 
16 

” Q What about from the period 1868 or 1867 forward, 

| od were blacks politically active in Mobile then? 

| A Blacks were active in Mobile politics and in the 

" State, in general, up until 1901 and they were active 

7 throughout that period. 

7 Q What was the effect of the 1893 Sayer election law, 

and what was that? 

| MR. ARENDALL: 
24 

Objection, irrelevant. 

          
 



  

150 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

21 
  

  

  

THE COURT: 

I will let him testify. 

A The Sayer election law was introduced primarily 

by the conservative elements of the Democratic party in an 

intent to cut down on the populist vote. It was a direct 

result of a challenge to the Democratic party by the populist 

and it was an effort to disinfranchise voters in lower 

socio-economic groups, including blacks, to some extent. 

Q Did the Sayer law disinfranchise all black 

voters? 

A No. 

Q You say up until 1901. Would you describe what 

happened then? 

A Nineteen hundred and one, the new constitution 

was adopted and one of the major purposes was for -- for its 

adoption was disinfranchisement of black voters. That was 

primarily it. And with the adoption of that constitution, 

blacks were effectively moved from the political process 

from the State of Alabama and the City of Mobile. 

Q Was black disinfranchisement the principal purpose 

of the 1901 Alabama Constitution? 

A I would say black disinfranchisement was the 

principal purpose for the constitutional convention and, in 

addition to that, it was the major way in which the 

      
   



  

151 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
22 

  

J
 

23 

24 

Bo
 

O
v
 

  

disinfranchisement was sold. 

The idea that the convention was going to be held 

primarily to disinfranchise blacks and to guarantee white 

supremacy was the way the calling of the convention was sold 

to the public and it was the way the product of the consti- 

tution was sold to the public. 

Q What were the reasons for the politicians then 

wanting to disinfranchise black voters? 

A The movement probably gained its largest impact 

from the idea that black votes were corrupt and blacks 

causes corruption in the political activity and, therefore, 

to disinfranchise blacks would be a political reform by 

removing corruption from politics. 

Now, that is the reason that is generally stated. 

There are other motives involved. 

Q What was the so called reform movement that was 

going on, at that time? 

A Well, this is generally called the progressive 

movement by historians and in the south the progressive 

movement included disinfranchisement because the black voting 

patterns were shown as corrupting patterns. Various whites 

sought the black vote. 

As a matter of fact, it would be manipulated in the 

black belt counties to assure this passage. 

   



    

152 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

23 
  

21 

22 

23 

no
 

(W
]]
 

  

  

Q Was disinfranchisement, as carried out through the 

1901 constitution, resisted by black citizens? 

A Oh, yes. 

Q What about black Mobilians? 

A Oh, yes. Black Mobilians, as a matter of fact, 

took the lead, they and blacks in Birmingham, in resisting 

disinfranchisement. 

Q What were the devices employed by the 1901 consti- 

tution to disinfranchise blacks? 

A There were a number of them. The basic one was 

literacy and property qualifications, residential qualifi- 

cations, but the literacy requirement was the basic one. 

Q What involvement in the 1901 constitutional conven- 

tion was there by white Mobile politicians? 

A Well, I think one can say, by and large, the 

progressive community in Mobile was considered, at that 

time by historians, was to be in the progressive democratic 

camp, which was quite active. The register, for example, 

was one of the leading newspapers calling for a constitu- 

tional convention. Several prominent politicians who would 

be considered progressives either supported the convention 

Or participated in it. 

Q Who were the delegates from Mobile to that conventio 

A Well, the delegates to the convention were Harry 

n? 

      
  

| | 
|



  

153 
FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

| MOBILE, ALABAMA 

  

  

  

  

  

| 24 
1 

2 Pillans and a gentleman named Brooks, I believe, are the two 

3 that come to mind. 

4 Q Did these Mobilians support the disinfranchisement 

5 of the black voters? 

6 A Yes. 

7 Q Do you have with you correspondence that was 

8 originated by Mr. Harry Pillans concerning his intention as 

9 i. member of the 1901 constitutional convention? 

10 A Yes. And I think generally they show a progressive 

11 attitude toward disinfranchisement; that is, disinfranchisement 

12 was a reform, a part of the general reform movement. 

13 Q What brought about the adoption of the current 

14 commission form of city government in 1911? 

15 A Well, I would say it was again considered a 

16 Thotetsive reform. The idea of having a more efficient 

17 government, and particularly a government that was more 

i business like and one that was less amenable to what the 

1 | advocates of the commission form of government would have 

5 considered political corruption. These were the basic 

” reasons, I think, for the support for the commission form of 

oy government. 

3 It was also a part of the general progressive 

5) ‘movement in the United States. Many other cities had already 

25 
adopted the commission form of government, both nationally   
   



    

154 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

25 
  

and in Alabama. 

Q Was racial discrimination, per se, a motivating 

factor in the passage of Act 281 of 1911 which created the 

Mobile City Commission? 

A I would say that racial considerations, per se, were 

not a part of the motivation, for two reasons; the basic one 

being that the blacks had already been disinfranchised by the 

1901 constitution and its effect upon the blacks of the State 

and of Mobile and -- but I think it is also true that the 

proponents of the commission form of government were very 

much aware of the impact of the changes in the electoral 

process and this is one of the things they wanted. They 

wanted to get away from what they considered ward politics and 

they would have been aware that such a movement would have 

diminished the impact of amy voting by blacks in Mobile if 

there had been such voting in the future, but I do not see 

race, per se, as a reason for the 1911 City Commission. I 

would have to say no to that question. 

Q What specific connection do you see between the 1901 

constitutional convention and Act 281 in 19117? 

A Well, the most obvious connection is that blacks in 

Mobile were totally unable to register any opinion, any voice 

in the development of the form of government, which was 

adopted in 1911, and continues to exist. That is the most 

        
 



  

155 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

(8)
 

on
 

  

    

obvious connection. 

The other connection would be this idea of the 

Commission form of government being a part of the general 

reform package, so to speak, in that in Alabama and in the 

south in general, at that time, and the connection between 

general reform and the idea of eliminating the franchise as 

a part of that general reform, those are the two possible 

connections. 

Q What about in terms of black politicians? 

A Well, many of the progressive politicians who had 

supported the constitution of 1901 here in Mobile also 

supported the Commission form of government. It was that king 

of personal connection and Mr. Pillans would be, again, a 

very good example, since he was both a delegate at the 1901 

constitution and was a member of the first City Commission. 

Q What about the last mayor? 

A Well, Mr. Lyons's position? 

Q That was Pat Lyons? 

A Yes. He was favorable to the 1901 constitutional 

convention and he also would have, after some thoughts, 

supported the 1911 movement and did serve on the first 

Commission as well. 

Q What black political activity was there in Mobile 

right after 19117? 

    
 



    
  

  

        

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

i 27 i 
1 

2 IA None, approximately none. And, of course, that would 

3 be true, too, earlier, until you get way up until -- the modern 

4 | period, the second World War. 

5 Q When did black political activity again become 

6 | significant in Mobile? 

7 A Political activity, per se, not until after the 

8 decision in Smith versus Alright, which allowed blacks to take 

9 part in white primaries, what has been previously been all 

10 white primaries. 1944 would be the date. 

11 10 The Clerk is handing you a document which has been | 

12 marked as Plaintiffs' Exhibit number 2. | 

13 Would you identify that, please? 

1d HA Yes. That is an article by myself. 

15 [0 Would you read the title of the article? 

16 [A Mobile Blacks and World War II: The Development 

17 of a Political Consciousness. 

18 9 Would you briefly tell the Court the subject of that 

19 article? | 

an [A Well, I think it would be fair to say that the article 

91 simply recounts the beginning of political activity by blacks 

23 in Mobile as a result of the second World War, the impact of 

2 returning veterans, black veterans, who had fought in the | 

ot second World War and the ideas of equality and so forth and 

" determined to obtain them in their home town when they came back 

| 
|| 

 



157. 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
28 

  

  

in trying to get the right to vote in 1944, which they were 

denied, and their appeals to the Democratic party and the 

Department of Justice and, finally, the opening up of the 

Democratic party to black participation and then white efforts 

led by Gessner McCorvey, who was chairman of the State 

Democratic Executive Committee and others to introduce 

legislative methods of suppressing black votes and then black 

challenges to that, particularly the Davis versus Schnell 

case which led to the declaration that the Boswell amendment, 

which was the disinfranchisement amendment was declared 

unconstitutional. That is briefly what the article covers. 

Q Does it mention Mr. Langan's arrival on the scene 

as a friend of black interests? 

A Yes, sir. It does. Mr. Joseph Langan. 

Q And the article ends off at what point in time? 

A It ends in 1950 with the legislative races of 1950. 

Q Where was that article published, Dr. McLaurin? 

A It was published in the proceedings of the Gulf Coast 

Histories and Humanities Conference, 1973. 

Q There is one set of figures in that article that I 

would like for you to call to the Court's attention. There i$ 

a registration figure, I believe, for the year of 1946? 

A That is correct. The registration figures, at that 

time, were two hundred and seventy-five registered blacks and 

      

  

  

 



  

158 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

36 
  

2 MR. ARENDALL: 

3 Q How many people were on the aldermanic council 

4 unit that governed Mobile, at that time? 

5 A I could not give you an exact figure. I would have 

6 to try to total up the wards and multiply. 

  7 Q A mere approximation? 

8 A Approximately sixteen to eighteen. 

9 Q Now, I will ask you whether or not a study of the 

10 || newspaper articles of that time and the quotations of the 

11 comments made by persons such as Mayor Pat J. Lyons demonstrates 

12 that the change to the City Commission form was sold on the 

13 basis of business and other considerations completely unrelated 

  14 | to race? 

15 A I would agree that the basic approach in the campaign 

16 | to change the form of government of the City of Mobile would 

17 be an appeal to what would be called progressive economic 

18 motivation, the idea of moving to a more business like form 

5 of government. 

20 L And this movement, in Mobile, had its counter part 

2 ‘all over the United States, at that time, did it not? | 

5 [A And before that time. | 

93 Q In areas where there were no blacks or substantially 

‘none? 

| A Yes. That would be true. 

      
 



  

159 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

37 
  

  
Q Desmoines, that is one? 

A Yes. 

Q Dayton, that is another? 

A Yes. 

Q And it was not, in these other places, either, 

motivated by racial considerations, was it? 

A No. 

MR. ARENDALL: 

No further questions.   
REDIRECT EXAMINATION 
  

BY MR. BLACKSHER: 

0 Dr. McLaurin, I believe you said that one of the 

‘meaningful factors of the 1901 constitutional convention was 

i disinfranchise poor whites. 

Are you saying that that was one of the primary 

purposes of that constitution? 

A No. I am not saying that. I am saying the primary 

‘purpose of the constitutional convention was to disinfranchise 

‘blacks and that, as a secondary purpose, there was a move to 

disinfranchise poor whites and there were members of the 

constitutional convention who would have disinfranchised 

every one who didn't make at least fifty thousand dollars a 

| 
year. 
      

  

  

O
E
 

— 
A
 

 



  

160 

  

  

  

  

  

  
  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

91 

2 

2 Whom will you have next? 

3] MR. BLACKSHER: 

4 | Dr. Cort Schlichting. 

1 

6 DR. CORT B. SCHLICHTING 

? the witness, having first been duly sworn to tell 

; the truth, the whole truth, and nothing but the truth, took 

the stand and testified as follows: 

10 | 
| 

no DIRECT EXAMINATION 
12 

13 BY MR. STILL: 

4 HD May it please the Court, this is Cort Burk 

15 | Schlichting. He is thirty-four years of age. He now lives 

16 | at 301 Vanderbilt Drive in the City of Mobile. 

17 | He is married. Education includes a PHD from 

18 L.S.U. He has lived in Mobile County for the last five years 

19 | and he is now employed as a professor of economics; is that 

20 | correct? 

21 [£94 Associate. 

29 | Q Associate professor of economics at Springhill | 

23 | College. I would ask the Clerk to hand Dr. Schlichting 

s+ | Exhibit number 8. 

95 | Would you look at Exhibit 8, please, doctor, and   
 



  

l6l 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

101 
  

~1
 

| Did you talk with Mr. Parker about the inclusion 

of the two small areas that were periodically annexed and 

'de-annexed? 

A Very briefly, yes. We had to face that problem. 

n All right. Now, did you talk with them about what   
| 
‘method to use or what method he was going to use to handle 
[ 

‘the data regarding those two small areas? 

A Yes. 

0 Now, considering the annexation, the synthetic wards 

that were done the way in which Mr. Parker computed the   mean income computation and the use of the percentage of 

| 
each race over the age of eighteen, rather than the percentage 

| 
of each race which were actually registered to vote, what 

is your opinion as to the possible negative effect this had 

on the validity of the data? 

A I felt that we did the best possible job we could do 

| 
statistically to obtain the most accurate data we could get. 

All statisticians, all statistical data is going to have some 

  error in it and given that caveat we attempted to gather the 

data as best we could and to have it as representative as 

possible. 

a) All right. Now, doctor, what is the function of 

regression analysis? 
| 
A Regression analysis is a statistical technique 

      
m
e
 

 



  

162 

| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

102 
  

i 

| 

frequently called regression correlation analysis, where you 

attempt to see if there is an association between a dependent 

variable and various independent variables. 

We attempt to explain the variations in the dependent 

variable, that is the movement in the dependent variables 

by movement in the independent variables. 

Q In this particular case we are talking about what 

ES the independent variable? 

A The independent variables, there were two of them, 

WHSTe the income, per capita, mean income per capita, was one 

of the independent variables and the other one was the percent 

of race in a particular ward. 

fo] And what was the dependent variable? 

A The dependent variable was a percent that a parti- 

cular issue or a particular candidate obtained in a particular 

race, percent of the total vote in that ward. 

Q Are there any problems presented by using two 

independent variables rather than one in the same analysis? 

A No. You want to include probably more than one 

A because what you are attempting to do is to find 

which variable, which thing is effecting the dependent 

variable. So, when you throw in two or more and then by using 

regression correlation analysis you can find out which one 
| | 

is the most powerful variable. 

    
|   | 

   



163 

    

    

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

: ee : 103 
1 

2 [0 All right. Mr. Clerk, would you hand the witness | 

3 Exhibit number 9, please? 
| 

4 | Dr. Schlichting, please look at Exhibit 9 and tell | 

5 | me whether you have ever seen it before? | 

6 [A I have. | 

7 1Q What is it? : | 

g TA It is Dr. Voyles's desertation. 

9 |IQ What is the title? | 

10 p The title of it is "An Analysis of Mobile Voting | 

11 Patterns,” 194%%+0"1970", | 

12. 19 Have you read the entire thing? 

3 A No, I have not. | 

4 18 Have you read parts of it? 

15 A Yes. 

16 Q What parts have you read? 

7 A I have read the methodological parts, the portions 

ve where he deals with the statistics that he had gathered and 

” used in his desertation. 

2% Q Does Dr. Voyles use regression analysis? 

21 A In a manner of speaking, yes. 

99 g What type of regression analysis does he use? 

| 5 A His statistical analysis is called Pearson's 

by Product Moment Method. It is one of two main kinds of ways 

Ls ‘that we can look at variables and see which ones are effecting 
5 

|     
 



  

  
  

  

| 
| 164 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

ihe dependent variable. 

0 Did we use the same method in ours? 

A No. We did not. 

Q What did we use? 

A We used what is called least squares method. 

Q In terms of Dr. Voyles's methodology, would you 

compare that with ours and tell us what the major differences 

‘were, if any? 

A There are no real major differences. The differences 

‘statistically, the starting point of where you relate the 

various variable values to what base you relate the various 

variable values, but in point of fact, they give you the 

same answer. 

0 Did Dr. Voyles trace income and race data as we 

did? 

A He did. 

Q Was the general format of that data, as far as you 

‘can tell from the desertation, pretty much the same as ours? 

1A It seemed to be quite similar. In fact, his format 

n what we used or attempted to use. 

0 All right. Now, you have explained that the regressi 

analysis, using the least squares method which we used can 

handle two or more independent variables? 

A Correct. 

138% 

on 

       



165.166 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

105 
  

21 

22 

23 

(3
) 

1
]
 

N Is the Pearson's R regression analysis technique 

capable of handling more than one independent variable at the 

time? 

A Yes, sir, basically. 

'n As far as you can tell from Dr. Voyles's thesis, 

Aid he do that, did he use more than one at a time? 

A No. I think not. I think he used race and compared 

it to the percent of vote that a candidate got and then he 

compared income, if I recall correctly.   
MR. STILL: 

Your Honor, we move the introduction of Exhibit 

number 9. 

| THE COURT: 

| All right. 

| (Plaintiffs' Exhibit number 9 received 

| and marked, in evidence) 

MR. STILL: 

Ns, Would the Clerk please hand the witness Exhibits 

10 through 33. 

| Dr. Schlichting, have you had a chance to examine 

| 
| 

| the computer print-outs which begin at Exhibit 10 and go 

through Exhibit 527 

| A Yes. 

0 Would you tell the Court what they are as a group,   
  

 





167 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

107 
  

| 

| 
‘similar to that giving dates and names? 

A Yes, they are. 

0 What is the next thing on the computer print out? 

A The original data, the table of the original data. 

Q And how is that data arranged? 

A It is in three columns, The first column is the 

percent of the ward population that is black, over eighteen. 

The second column is mean income per capita and the third 

colum -- those are both independent variables -- and the 

fetid column is the dependent variable. That is the percent 

of vote received in this particular case by Mr. Goode. 

Q All right. Once that data ..... 

THY. COURT:   
Let me ask you a question. Do you mean the dependent] 

variable is dependent on the independent variable? 

A That is correct. That is what we are trying to 

postulate. 

(THE COURT: 
| 

~ You are saying there is a causal connection? 

A No, sir, not a causal connection. There is an 

influence, we think. We are going to test for an influence 

aL work. 

We can't -- statistics say there is a cause and   
effect. We don't have that background. 

      
 



  

168 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

| 
2 THE COURT: 

| All right. To use your terminology it is less than 

PRIA 

5 A Yes, It is influential. At least, that is what 

6 we are testing. 

" MR. STILL: 

8 | Now, is that all the data, that is raw data that 

9 ||is fed into the computer? 

0 IIA That is correct, other than control cards that 

11 tell the computer what to do and this sort of thing. 

pe 48 All right. Then is the program fed in? 

13 A Yes. 

14 Q All right. Now, is this a program that was written 

15 | specifically for this case or is it a standard program? 

16 ‘A This is a standard program that was supplied by 

17 | IBM at Springhill, one of many programs. I adjusted it 

18 to print up more than what they supplied, but basically that 

16 is ir. 

2 Q What other sort of things does Springhill use this 

ol for? 

7 A I don't know that Sprinchill, per se, that is the 

2 administration has used it, but I have used it in a number 

rn of different things. I have used it in analysis of factors 

probably affecting bank credit and I have used it in several 

        
 



: 169 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

131 

reported in his desertation and for various multiple correlation 

3 coefficients that we found when we ran all of these computer 

4 | print-outs. 

5 Q All right. For the top portion of the top sheet 

6 | you have 'Voyles Pearson's R'? 

  

  

” A Yes. 

8 Q And you have a set of dates and under each date you 

9 have income and race? 

10 A Correct. 

1 Q Now, is that the Pearson's R for income and the 

19 Pearson's R for race; is that what it is? 

13 A Yes. 

” 0 For each one of the elections that we are talking 

| 2 15 about? 

ir A Correct. 

3 'Q Now, under regression, you have only listed a 

{8 coefficient. Is that the coefficient of race or income or 

of both? 
19 

3 A That is the coefficient of race, unless otherwise 

| 
specified. 

21 

THE COURT: 
22 

7 Hold up. The Reporter has to change his tape. 

(OFF THE RECORD) 
9g | 

| MR. STILL:   
I 
  

1 Hl   
 



  

  
| 

  

    

1 A All of our coefficients as shown in the middle of the 

. table that it is race unless indicated with a star. 

MR. STILL: 

170 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Would you repeat the last sentence or so that you 

said about the stars? 

first page and on down refer to race as the factor that 

entered first in the regression analyses unless there is a 

star by it, in which case, income was the most significant 

variable. 

Q All right, 

MR. ARENDALL: 

Where is a star? 

A There are no stars on the first page. 

MR. ARENDALL: 

I see. 

THE COURT: 

I think you should make a note at the top of that 

Would you so indicate, please, next to the regressioj 

A Yes. 

MPR. STILL: 

Your Honor, I am through looking at my copy of it. 

If you would like to look at it, we will be referring to it 

some more. 

THE COURT: 

W
W
 

X32 

         



  

171 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
133 

  

24 

25 

  
  

  

All right. 

MR. STILL: 

Now, Dr. Schlichting, is there a point in which 

the multiple correlation coefficient is considered to be 

significant or not significant in regard to the type of 

analyses we have been runnimg here? 

A Well, as Dr. Voyles shows in his desertation, there 

is a table in here that lists the ranges within which these 

are values the regression coefficients are significant or 

not significant. Basically, anything above say fifty -- 

point five, point six, will begin to give you significant 

relationships. 

Q 2 All right. Now, would that also include above 

| if we want to call that a negative point six? 

A Yes. The sign is ignored. 

Q All right. Now, if there was a correlation between 

two variables and the multiple correlation coefficient came 

out to be one point zero with a plus sign in front of it, 

what would that indicate as to the relationship between the 

two variables? 

A It would indicate that there is a perfect relation- 

ship between the two variables, that the independent variable 

can perfectly explain the dependent variable. 

Q If the multiple correlation coefficient came out as 

        
 



  

172 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

| 142 
1 

2 | along racial lines, what is the cast of this? 

3 | MR. STILL: 

4 | This is to show votes do polarize. 

5 | THE COURT: 

6 | I think we recognize in most elections, particularly 

7 | where blacks and whites are running against each other that 

8 | that is the case? 

9 | MR. ‘STILL: 

10 | We would point out to your Honor we have only two 

11 or three instances in the twenty year period in which blacks 

12 | have run for the City Commission and these elections we are 

13 talking about are, in most cases, whites versus whites so 

14 that we can show that there is a racial polarization. 

15 THE COURT; 

16 | Yes. Certainly we take common knowledge of that. When 

17 | Mr. Langan ran he became identified with black voters and 

18 | there was a certain polarization there. 

19 | What I am saying, is when race becomes identified 

2 | with a certain candidate, there is a tendency for polarization. 

21 | MR. BLACKSHER: 

99 Judge, I think we have felt that we have that 

23 common knowledge, but what we are trying to do is verify that 

2) | to the extent that we can. 

25   THE COURT: 
       



  

  
on a computer I will ask you whether or not you would have 

173 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

    

THE COURT: 

All right. 

(Plaintiffs' Exhibits 10 through 54, 

inclusive, was received and marked, 

in evidence.) 

MR. STILL: 

Q Dr. Schlichting, that's all the questions I have for 

you, at this time. Please answer Mr. Arendall's questions. 

THY COURT: 

You may proceed. 

CROSS EXAMINATION 
  

BY MR. ARENDALL: 

Q Dr. Schlichting, without ever putting one finger 

figured that in the days of school dessegregation issues, 

adoption of the Civil Rights Act, the voting rights act 

that there would have been some tendency on the part of 

blacks to vote one way and the whites to vote another. 

MR. STILL: 

Objection, your Honor. The witness is a statistician 

and not a political scientist or a politician. 

THE COURT: 

Well, if he reads the newspapers and follows current | 

\ 

        
 



  

174 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Se Sm a ions ~tovso 

  

      

2 || events, I think he can give some opinion, not as an expert, 

but as a layman. 

I think it is almost a matter of common knowledge. 

Go ahead. As Mr. Blacksher has said, you can give statistical 

6 | proof to recognized facts. Go ahead. 

7 A I would have to say yes, certainly. 

8 || MR. ARENDALL: 

9 0 Now, as far as the statistical proof of this thing, 

10 let's take a look at’ it, if you will. 

| 11 | First, would you tell us what "R" square is? 

| 12 A "R" square is multiple coefficient of determination. 

| 
13 Q As related to the regression analysis which you did, 

14 tell us how it operates and what it's perimeters are insofar 

15 as determining whether or not your regressiona analysis shows 

16 anything worth looking at, insofar as the matters concerning 

17 whether race or economics had a greater impact on the election? 

18 A Regression analysis are also interesting. In looking 

10 at -- as far as your particular question -- '"R'" square is 

2% merely the square of the coefficient of correlation that we 

24 have been talking about. The reason we used '"R'" rather than 

| 7” "R'" square is because Dr. Voyles had used '"R'" rather than 

| " "R" square. 

24 "R" is on a base from zero to one and allows us to 

talk about a scale like -- the power of a variable in explaining          



  

  
  

FEDERAL STENOU] APHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

2 | wards? 

3 | MR. BLACKSHER: 

4 | I think that is what they showed. 

5 | THE COURT: 

6 All right. 

7 | MR. BLACKSHER: 

8 I am not going to stipulate to every one of them. 

9 | 28 is our impression that they didn't carry many, if any. 

10 | MR. ARENDALL: 

11 | Q So, Dri Schlichting, "isn't it .falr to say that of 
| 

12 the three black candidates in 1973, if they tended to get 

13 any votes, they tended to get them from blacks, but didn't 

14 get my appreciably? 

15 A My understanding was that these were minor candidates, 

16 yes. 

17 Q Exhibit 50, 1973 City Commission runoff, Greenough, 

18 using Voyles's data. What is the "R"™ square? 

19 A Point three five one eight. 

20 Q Exhibit 51, 1973 change of government referendum? 

91 A Point:six four four. nine. 

99 Q I believe that you told us that in the 1963 government 

93 change that you found no substantial relationship between 

24 vote and race, did you not? 

» | A I can go back and check that. I don't recall having 

- 1     
 



  

    

  

  
    

  

1.76 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

180 
        

| except with respect to the Langan races in 1965 and 1969, 

your regression analysis doesn't attempt to show anything 

statistically worth while except with respect to those races? 

A No, sir. What about the Outlaw one for '65; that 

was point seven seven, and the Luscher one, that was point 

seven eight? 

Q That was a 1965 race between Mr. George McNally and 

Mr. Outlaw, and Mr. McNally had been in office, hadn't he, 

for a good while? 

A I don't know. 

Q Were you in Mobile, at that time? 

A No, sir. 

0 I guess, then, we get down again you don't know how 

to quantify factors such as Mr. McNally's conduct in 

office and any problems he and Mr. Trimmier and others had 

been having in that position? 

A No, sir. 

Q All of that is omitted from these statistics? 

A Certainly. 

Q Now, going back to what you said at the very 

beginning of your examination by Mr. Still, did I understand 

you to say that the reason that you directed Mr. Parker to 

use 1970 economic data in connection with certain races 

    
 



  

  

177 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

200 
  

and did not give an absolute mean income. 

It would say from one thousand to twenty-six hundred 

or something. It did not say the mean income is two 

thousand dollars. Do you follow me? 

MR. ARENDALL: 

No further questions. 

MR. STILL: 

Thank you, Mr. Parker. ¢ That's all. 

THE COURT: 

All right. You may step down. 

Why don't we take a ten minute break right here. 

{ RECESS ) 

THE COURT: 

All right. You may examine the witness. 

WILEY L. BOLDEN 
  

A Plaintiff, taking the stand in his own behalf, 

and after having first been duly sworn to tell the truth, 

the whole truth, and nothing but the truth, took the stand 

and testified as follows: 

DIRECT EXAMINATION 
  

BY MR. BLACKSHER: 
         



  

| 
\ 

| 
I 

| 

  

    

178 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

Q May it please the Court, this is Mr. Wiley L. 

Bolden. He is eighty-three years old. He was born 

December 30, 1892 in Hale County, Alabama. 

He presently resides at 556 Bellsaw Avenue, 

Mobile. He is married and has three great grand-children. 

His education, he finished Tuskegee Normal, I guess it was 

called then, in those days, Mr. Bolden, in 1911. 

He is presently a member of the board of directors 

of the non-partisan voters league and he has lived in 

Mobile since 1923. 

Mr. Bolden, did you ever serve in the United 

States Army? 

| “A Yes, sir. 

| 0 When was that? 

A Nineteen seventeen, September,1917 to March, 1919. 

Q Did you serve overseas during the first World War? 

A Yes, sir. 1 did: 

8) Where was that? 

A In France. 

Q What was your rank when you were mustered out of the 

Army? 

A My rank was sargeant. I held the rank of sargeant. 

They didn't have it classified then as it is now, but I was 

a line sargeant. 

  

  

201 

   



  

179 
FEDERAL STENOGRAPHIC REPORTERS 

I P.O. BOX 1971 
| MOBILE, ALABAMA 
  

no
 

O
n
 

  

0 Were you decorated as a result of your service in the 

Army? 

A Yes, sir. I was given -- I was sent something like 

a plaque. 

0 What did the plaque say? 

A It said Columbia gives to another son a new accolade 

‘of the chivalry of the Army. Wounded in action, September 4, 

1918. Signed Woodrow Wilson, President of the United States. 

1Q And you returned to the United States, you say, in 

119197? 

A Yes, sir. 

Q And you moved to Mobile when? 1923? 

A April. 1923, 

Q After you moved to Mobile, or shortly thereafter, 

did you attempt -- your Honor, recalling your prior instructio 

to me we intend to profer some evidence of how Mr. Bolden was 

able to register and vote and the circumstances surrounding 

that. 

THE COURT:   Well, I don't see anything before 1950 -- anything 

‘after 1950 -- all right. Go ahead. 

MR. BLACKSHER: 

Q For the record, Mr. Bolden, you did register to vote 

in Mobile County in 1925? 

        
 



  

180 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

= 203 
1 

2 A Yes, sir, "1:d4id. 

B | O And a white pharmacist, Dr. Ortman vouched for you 

4 and you were allowed to register because you were a veteran; 

5 is that correct? 

6 A Correct. 

7 Q But there were not very many other black registered 

8 | voters during that period of time?   
"NA No, “sir. 

10 Q Were the black voters who were registered during 

| 
the period 1925 to say 1945 organized in any way? 

i 12 11 A No. 

  

13 q Now, Mr. Bolden, did you know Mr. John LeFlore? 

14 | A did. 

15 iQ Who was a Plaintiff in this case and died just a 

16 few months ago? 

17 A Yes. 

18 0 Would you tell the Court how you and Mr. LeFlore, 

19 | when you and Mr. LeFlore first joined together in a Civil 

20 Rights organization? 

21 A It was in April of 1925. We formed the Mobile 

| 22 branch -- we organized the Mobile branch for the national 

| 23 association of the advancement of colored people. 

| 24 Q Approximately how many members did you start off 

95 with?          



181 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Ten. | 
L
P
 

> 

3 0 What kind of activities was the local branch of the 

4 |IN.A.A.C.P. principally involved with during the period 1925 

until after the second World War? ($2
) 

6 MR. ARENDALL: 

7 Objection, irrelevant.   3 ||THE COURT: 

9 | I don't really see any need in going into great 

10 detail. 1: don't want to circumscribe.you.too much. It is 

11 interesting, but I don't see how it will help us too much 

12 unless you have some particular point you want to make. 

13 MR. BLACKSHER: 

14 The only point that we want to show is that the 

15 local branch was not actively involved in the securement 

16 for blacks... 4. 

17 A During that period, the N.A.A.C.P., the braches, were 

18 not allowed to participate in politics. It was against the 

19 regulations of the body -- I mean, the national body. 

20 Q But the local branch did become active in voter 

21 registration in the second World War, did it not? 

99 A Yes, we did. 

93 0) Tell the Court what kind of activities the local 

94 branch engaged in?   
A We engaged in the direction of our group being -- 

      
 



  

182 
| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

i MOBILE, ALABAMA 
| 

oH 205 

  

  

  

epee] 

2 | going down registering and those who could -- well, at that 

3 || time, they had to be vouched for, you know about that, and 

4 | you know the restrictions. That was after the Boswell 

5 | amendment was declared unconstitutional, and then in 1946 -- 

6 | and then in 1948 the case that came up from --went up from 

7 || New Orleans through a member of the N.A.A.C.P. 

8 Q Davis versus Schnell? 

9 A No. That is a Mobile case. 

10 Q Oh, 1 am sorry. 

| nH 1A Mr. Schnell was the register here in Mobile, but 

12 this man -- this man carried the Democratic party to the 

13 United States Supreme Court. The suit involved the Democratic 

14 party of the south who said it was then a private party. 

15 Q You are talking about Smith versus Allwright? 

16 A That is what I am talking about. 

17 Q Were you one of the black voters referred to in 

18 Mr. McLaurin's article which is already in evidence who went, 

19 in 1944, and attempted to register and vote in the all white 

| 20 Democratic primary here in Mobile? 

| 
21 A I am. John LeFlore, Napolean Rivers,me and any 

29 number of others, Alec Herman and -- oh, any number of the 

older citizens, but we were debarred by it then, the then 

NO
 

Ww
W 

24 Sheriff Holcomb.     2s 10 All right. Do you recall then the Davis versus 
    
 



    

25 

183 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

Schnell case striking down the Boswell amendment? 

A Oh, yes, we do. 

Q Thereafter, was there some other activity in the 

legislature, that you can recall, where the Boswell amendment 

or something like this was attempted to be re-established 

in Mr. Joe Langan, as a state legislator, fought against it? 

A Yes, sir. But my memory does not serve me well 

enough to say who advocated that kind of legislation, but it 

was attempted and Mr. Langan, then a very fair minded and 

fine citizen, as well as one who répresented the people, he 

opposed it. 

Q Well, do you remember that that was about the time that 

Mr. Langan first came to the attention of the local branch 

as being one of the politicians who was acting in what was 

perceived to be in the interest of the black community? 

A Yes. 

Q What else did Mr. Langan do that caught the attention 

of the black community? 

A Mr. Langan asked the legislature -- in other words, 

he held up -- he was then a Senator from Mobile. He was 

State Senator and he held up all legislation there until the 

black teachers of Mobile County were given equalization in 

salaries. 

In other words, he equalized the salaries of the blac J 

       



  

184 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

  

I 207 
iH 

2 || teachers of Mobile County and that, in my judgment, made him 

2 | with me, especially, one of the most outstanding men in 

4 | Alabama. 

5 Q Was he thereafter supported actively by the local 

6 | branch in his various election campaigns? 

7 | A Yes, he was. All blacks who realize what he -- his 

8 fairness toward them and that had -- I won't say that any way 

9 || they supported to Mr. Langan because they should. 

| 10 Q Did the local branch -- well, I guess it was the 

11 non-partisan voters league. Describe to the Court the 

12 difference between the local branch and the non-partisans 

13 voters league? 

14 A During 1963, when Mr. Patterson was the governor 

15 of Alabama, then, and the N.A.A.C.P. was sued and brought 

16 into Court in Montgomery, Judge Walter Jones was the presiding 

17 | Judge or Circuit Judge there, then, and he gave a judgment     | 18 | against the N.A.A.C.P. for a hundred thousand dollars. In 

other words, the chief counsel for the N.A.A.C.P. refused to 

  

19 

| 20 turn over to him the list of its membership, because it was 

91 commonly conceited that reprisals would be taken against 

| 99 aT} those who held jobs like teachers and what-not. | 

73 So, Robert Carter was then the chief counsel for the 

| 91 N.A.A.C.P. and he refused and they slapped a hundred dollar 

2s fine on him and he immediately appealled the case to the 

— | Rote. 
      | 

 



  

1
 

no
 

91
} 

185 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  
  

United States Supreme Court and, of course, we were held up 

for eight years. 

0 What did that have to do with the non-partisans 

voters league? 

A When they debarred the N.A.A.C.P., the injunction 

Judge Jones gave against us debarred us from activity, because 

our case was pending in the United States Supreme Court. 

So, we went, what you might call, underground and 

organized the non-partisans voters league and we kept the 

work of Civil Rights going just the same. 

re
) What year was that? 

A Nineteen sixty-three to nineteen seventy-one. 

THE COURT: 

What years were those? 

A Nineteen sixty-three to nineteen seventy-one. 

MR. BLACKSHER: 

What happened in 1971, Mr. Bolden? 

A The United States Supreme Court gave, you know, the 

decision -- I mean, they ruled in favor of the N.A.A.C.P. 

So, the N.A.A.C.P. didn't have to turn over the membership 

list and the fine was set aside. 

Q But the nonpartisan voters league remained on and 

is still, today, is a separate branch of the N.A.A.C.P.? 

A Yes, sir. Very much so. 

      
  

 



  

186 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

209 
1 

2 Q In the time you have been with the nonpartisans 

3 voters league and before then, with the -- well, let's say 

1965, and that is when you were in the nonpartisan voters 

5 league, have you and the other members ever discussed or 

6 attempted to encourage a qualified black candidate for the 

7 Mobile City Commission? 

8 LA I think we did. I am sure we did. 

9 Q Do you recall who and when? 

10 A Now, the cartwheel, by memory, doesn't click that well, 

11 but I do know we discussed it and some persons did run or did 

12 attempt to run, 

13 Q You are thinking about 1973 when Ollie Lee Taylor 

14 and Lula Albert and Alphonso Smith ran? 

18: HA Oh, yes. I see I had forgotten them, but that -- 

16 yes, I think you are right. 1 know you are, because I 

17 remember Ollie Smith, because he is now in Florida. 

13 iQ Before then, were you successful in getting any other 

19 ||black qualified citizens to run? 

20 ||A Not that I recall. 

21. {0 Why not? 

29 ||A Well, one thing, we felt that it would be futile, 

23 ||because -- I mean, that year, when we knew if we ran a candi- 

24 [date in Mobile -- in the City of Mobile, it would be an 

overall thing and we didn't have enough votes to elect 
        
   



Y37 
| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

210 
  

2 |lanybody and, of course, we had to wait until;- in other words, 

3 |lour political strength was not -- we didn't feel was well 

4 |lenough up to advocate such a thing and I don't feel that same 

5 |lway now, if you are going to take it from an overall standpoint. 

6 ||I think it would be futile. 

7. #0 Mr. Clerk, would you hand the witness Plaintiffs’ 

gs ||Exhibit 67? I don't think we have marked it now, but it is 

g ||{down there. 

Mr. Bolden, I want you to look at these documents 10 

11 |/lwhich are various affidavits signed by black persons. One of 

12 them is an affidavit by Henrietta Smith saying that she had 

13 | been unable to register, because she had not passed the 

| 14 ||State voting test on August 3rd, 1964. 

15 Another one, James Brooks, dated August 5, 1964 

16 ||saying that he had been denied the right to register as a 

17 voter, because he incorrectly answered two of several different 

18 questions of government. 

w Similar affidavits by Joe 0. Dickson...... 

| 9% THE COURT: 

| 91 Are you referring to the State government? I 

| a understand there were no Federal registrars in Mobile? 

i MR. BLACKSHER : 

” Yes, sir. Another one by Joe O. Dickson, dated 

August 3, 1964. Another one by -- well, I am aorry. Here is 

to
 

a
n
 

        
 



    

188 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

vim] 
  

a petition dated June 16, 1964 addressed to the Mobile County 

board of registrars signed by Mr. LeFlore and others; do you 

see that? 

A Yes,” sir. 1 do. 

0 Concerning the tests that were being given to persons 

as they attempted to register? 

A Yes. 

Q And finally, an affidavit by a Carrie Louise 

Marshall dated February 11, 1965, saying that she went to 

the board of registrars and was asked there to sit in a 

separate room where negro would be registrants would be 

compelled to sit and take their tests, that she obeyed the 

admonitions of the white woman official of the board of 

registrars and went to the negro registration room. 

Can you verify that these are records that we have 

taken from the files of the non-partisan voters league? 

A I can, 

MR. BLACKSHER: 

We move their admission, in evidence, as Plaintiffs’ 

Exhibic 67, your Honor. 

MR. ARENDALL: 

If your Honor please, they are clearly hearsay. I 

have no objection. I am satisfied there was some discrimi- 

nation against them. 

] 

        
   



  

189 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

MR. BLACKSHER: 

We offer them to show the latest date on which we 

could: find-overt: .v..?s 

THE COURT: 

What is that date? 

MR. BLACKSHER: 

February, 1965. 

MR. ARENDALL: 

All except the last one relate to occurrences in 

19647? 

MR. BLACKSHER: 

That is correct, except the 1965 was a segregated 

registration line. 

0 Mr. Bolden. That's all I have. One of the other 

lawyers may ask questions. 

THE COURT. 

Admitted in evidence, and you may cross examine him. 

(Plaintiffs' Exhibit number 67 was received 

and marked, in evidence) 

CROSS EXAMINATION 
  

BY MR. ARENDALL: 

0 Mr. Bolden, have you held any place other than that 

of a director of the non-partisan voters league? 

— 2312 

        
 



  

190 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

213 
  

24 

25 

A Well, we didn't have so many offices there. 

TRE: COURT: 

Have you ever been president, vice-president, 

secretary or treasurer?   4 No. ‘Judge, I: haven't; ino, sin: 

MR. ARENDALL: | 
| 

| 

| 

QO
 Have you been one of those who have determined who 

‘would be endorsed on the pink sheet? 
| 
| 

{ 
| 
| 
| 

| 
| 

A I have. 

Have you considered that the blacks of Mobile have re
) 

followed the endorsements of the non-partisan voters league 

as set out in the pink sheet? 

A No, sir. 

Q You say they have not followed them? 

A If they followed them, they followed them of their 

own free will and accord.   0 Well, whether -- I understand that each..... 
| 

THE COURT: 
| 

The question is, though, the thrust of it is, 

Mr. Bolden, is it your judgement that the black voters have 

substantially followed the recommendations of the pink sheet? 

A Yes, sir. 

THE COURT: 

All: right.         
   



131 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

A Ido. 

MR. ARENDALL: 

0) In your opinion, is it proper to characterize the 

black voters of the City of Mobile as now constituting a block 

vote? 

A No, sir. 

0 In your opinion, would such characterization have been 

proper and, if so, during what periods of time? 

A I don't think that -- I don't: think that it had 

ever been so. I think that the people -- the black people of 

Mobile, who voted -- who went to the poles to the various 

wards where they voted, they voted their convictions and the 

non-partisan voters league put out a ballot and simply said 

that these are the men that we have screened and have taken 

their positions as to what their platform would be if they 

were elected to the various offices to which -- of which they 

sought, and the people believed in us, because we did not 

give them any misinformation. 

MR. ARENDALL: 

Q Well, is it fair to say that voting their convictiong 

the black individual voters did what the pink sheet requested 

them to do? 

A Most people who go to the poles now of all groups   -- I feel this way about it, that most people that go to the | 

      

Tela atin LOG Lh 1 

 



    
  

192 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
215 

  

poles of all groups, they go there and vote, because somebody 

has given them some information about the attitude or the 

position of the candidates who is running for office and I 

think our people did the same thing. They didn't vote them, 

because we told them -- they didn't go by that sheet, pardon 

me. 

THE COURT: 

He is not suggesting coercion. What he wants to know, 

is do the black voters usually vote for the same candidate? 

A No, sir. 

THE COURT: 

All right. Go ahead. 

MR. ARENDALL: 

Q Mr. Bolden, do you remember talking to your lawyers 

and I don't know which ones you talked to, but about answering 

some interrogatories that we put to each of the named 

Plaintiffs in this case? 

A I guess I do. 

Q Do you remember telling them how you wanted to answer 

those questions for yourself, telling them what you thought 

the answers were? 

A I did. 

THE COURT: 

Mr. Arendall, I [sually ask the lawyers to stay at 

      
   



  

193 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
216 

  

24 

25 

  

  

their counsel table unless they have some document they want 

to show to the witness. 

MR. ARENDALL: 

I was going to let him look at it. 

'Q I would like for you, Mr. Bolden, to look at 

interrogatory number 40-A and tell the Court whether I 

correctly read this. 

In vour opinion, is it proper to characterize the 

black voters of the City of Mobile as now constituting a 

block vote. Now, I want to show you the answer that your 

attorneys filed on your behalf, and there is a paragraph 

here where you will see that they say they thought this was 

an objectionable interrogatory, but look at the "A" and do 

they say and do you say to answer that question, ''Yes'. 

Is that what the answer says to your interrogatory? 

A I don't know. It doesn't have my name there. 

THE COURT: 

No.” That is not the Lhestiion: Does 40-A read 

"Yes"? 

The Court takes judicial knowledge that it reads 

yes. I just read it there, really. 

MR. ARENDALL: 

Q Forty - B, "In your opinion, would such characterizaf 

ever have been proper and, if so, during what period(s) 

rion 

       



  

194 
| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 
MOBILE, ALABAMA 

  

  

p) of time,'? And was your answer to that, '"B',6 ''yes, from the 

3 | time that blacks were disinfranchised to the present." 

  $ | Was that your answer, sir? 

| 5 [I THR COURT: 

He is asking you, Mr. Bolden, if that is the answer 

that appears here? 

  

  
  

2 | A I would like to make that a little more clear to 
| 

| 0 || me. 
| 10 | MR. ARENDALL: 

| 11 Q Excuse me. Tell me whether or not that is the : 

12 answer? | 

I 4 || THE COURT: 

| 14 | I can see it does. 

| 15 A Yes. 

| 16 THE COURT: 

17 Who are they propounded to and whom are they signed | 

! 

| 5 [°¥ | 

\o || MR. ARENDALL: | 

| 20 Judge, they were all signed by counsel, by agree- | 

| 9 ment of the parties. | 

] ,, | THE COURT: | 

a They were addressed to Bolden and others? 

> | MR. ARENDALL: 

st | That is correct.            



24 

25 

195 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
218 

    

| THE COURT: 

All right. 

MR. STILL: 

Just for the record, your Honor, I believe they 

are signed individually. 

THE COURT: 

Well, let me see the answers. 

MR. ARENDALL: 

I beg your pardon, on the back of what I have here 

is your signature here, isn't it? 

A That is my name. 

Q And that is in that same sheaf of papers, the 

answers that I just asked you about? 

A What does this say? 

MR. ARENDALL: 

That is what they call an affidavit. 

A I know it is an affidavit, but what does it pertain 

to? Did I sign that affidavit? 

THE COURT: 

Is it your signature? 

A That is my signature, yes. 

THE COURT: 

Do you recall signing it? 

        
 



  

196 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

i. ] AE 
| 1 

2 | A I do, 

| 3 | THE COURT: 

4 | All right. Just one minute. 

| 5 | Have they been introduced in evidence? 

6 | MR. ARENDALL: 

7-H No, ‘sir, 

8 i THE COURT: 

9 They should be marked, for identification. 

10 A I would like to see if I made that statement indivi- 

11 dually. 

2 || THE COURT: 

| 

  

| 13 Mr. Bolden, that is what it shows. These show 

| 14 | the answers made by you and you signed it. 

| 15 A Yes, sir. 

| 16 | THE COURT: 

3 All right. 

] 18 A AY) right 4 Thendiv'isSerbof that Tesloned it and 

| io to anything else, because of my memory I will retract that. 

| 20 Yes. | 

,; || THE COURT: | 

2” You were born in what year? | 

3 A Eighteen ninety-two, December 30. | 

21 MR. ARENDALL: | 

Q Mr. Bolden, the non-partisan voters league endorsed   
      | 

| 

 



    

(g
o)
 

  
I 

1.97 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

Mr. Taylor and Mr. Smith in their campaigns for the City 

Commission in 1973, did they not? 

A Y think.so. 

Q Did they endorse Lula Albert? 

| A YI am not sure. 1 can't answer that. I don't 

remember, Mr. Arendall. 

Q You knew Mr. Taylor, did you not? 

A Nes, sir. 

Q You did not know Mrs. Albert or Mr. Smith,.did you? 

A Now, just a minute. 

THE: COURT: 

Give him time. He is an old man. 

MR. ARENDALL: 

Q Let's take them -- did you know Mrs. Albert before 

she became a candidate? 

A Are these black candidates? 

Q Yes, sir. 

A What year was this? 

8) Nineteen seventy-three. 

A To the best of my memory, I cannot recall, to be 

truthful, and I couldn't say anything that I wouldn't stand 

on, I wouldn't. 

So, I don't remember the non-partisan voters league 

endorsing these candidates and, so far as I am concerned, in 

      

ge 220 

 



  
  
    

24 

25 

MR. ARENDALL: 

| to his answers? 

| A No. I must say I think I had been operated on in 

1972 and was in the Veteran's Hospital in Birmingham, Alabama, 

    
Mr. Bolden's answers to interrogatories, by saying he did 

193 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

SE AR 0 

May I ask counsel if they are willing to stipulate 

at that time. 

THE. COURT: 

All right. 

MR. ARENDALL: 

May I ask counsel if they would stipulate that 

know Mr. Taylor but did not know Mrs. Albert and Mr. Smith 

and did not support Mr. Taylor? 

Well, that is all right. No further questions. 

MR. BLACKSHER: 

Well, I would like to say, for the record, Mr. Bolden 

has signed the interrogatories, but the Court will see that 

there were a number of interrogatories filed and each one is 

made up of a set of interrogatories which were drafted by 

the lawyers. We take responsibility for them, although they 

were approved by the witnesses and an appendix, in each case, 

of individual information and I would like to say, for the 

    
 



  

| 

{ 
| 

  

199 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

record, that the way we interpreted the question and the 

 interrogatory itself pertained to, as we understood the 

question, to whether or not blacks had voted in a polarized 

fashion. 

THE COURT: 

All right. Go ahead. 

MR. BLACKSHER: 

No further questions. 

MR. ARENDALL: 

No further questions. 

THE COURT: 

You may come down, Mr. Bolden. 

MR. MENEFEE: 

Your Honor, we would like to call Mr. James 

Buskey to the stand. 

JAMES E. BUSKEY 
  

the witness, called on behalf of the Plaintiffs 

and after having first been duly sworn to tell the truth, the 

whole truth, and nothing but the truth, took the stand and 

testified as follows: 

DIRECT EXAMINATION 
  

BY MR. MENEFEE: 

222 

      
 



  
  | was the only one there. 

200 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

There were none of this nature. 

However, there was, during the runoff, the week 

prior to the runoff, literature that was distributed by 

my opponent that I considered to be racially oriented. 

0 Could you describe that literature? 

A Yes. It was a full page tabloid called the 

'"Leader', and on the front of it, the full page tabloid, my 

picture was there and covering about a third of the page and 

some wording to the effect that this is the man that ran 

second to me. The literature was, of course, printed by my 

opponent and that, to me, was an indication that, in my 

judgment, it was racially motivated and I can go into my 

reasons as to why I thought so. 

1 had, iat one time, the tabloid, “but'l lost it. But 

some of the wording, although nothing specific about race, 

the wording that was on the tabloid said something to the 

effect, help me to win the election, and the implication was 

that ‘I ‘read into it that ifI did not ‘win, ‘this would be 

the representative of Senate district thirty-three. 

Q And your picture appeared there? 

A On the front -- there were other pictures, but on th 

inside, indicating pictures of campaign workers and campaign 

workers of my opponent, but on the front of it my picture 

11
% 

         



24 

25 

  

201 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

226 
  

() Do you know if this tabloid was distributed througho 

Senate district thirty-three, but only in some areas? 

A It was not widely distributed. There were two areas 

we were able to pinpoint the distribution of that literature. 

Q Where was this? 

| A One was the Eight Mile -- Whistler area and the othe 

one was the Chickasaw area. 

Q Are those areas predominantly white? 

A Yes, sir. I think Chickasaw may be virtually all 

white. 

Q What can you tell me about the racial composition of 

Senate district number thirty-three? 

| A The composition of Senate district thirty-three is 

generally fifty percent white and black. It might be as high 

as fifty-three or fifty-four percent black. 

HL Is that population you refer to? 

A Population, yes. 

THE COURT; 

Fifty-fifty, black and white, or maybe a fifty-four 

- forty-eight black and white; is that right? 

A Right. Let me -- because I think you are exactly 

right in terms of population. It might be a little high 

something like fifty-six or fifty-seven in terms of popu- 

lation in favor of the blacks. 

ut 

        
 



    

202 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

24 

  
of death for that candidate if he was forced into a runoff. 

in my statement. If white candidates sought to address 

themselves to concerns of black residents, in my judgement, 

    

| of action, because they would have what you call a white 

by addressing more forcefully those issues? 

A Very definitely; yes, sir. 

Q Do you have an opinion as to why they didn't address 

those issues more forcefully if they wanted the votes? 

A On the part of white candidates who actively 

sought or who would actively seek the black votes, in my 

judgement, that if that person -- if those people are 

interested in winning, they would not pursue that course 

backlash in the white community, in my judgement, yes. 

Q One student of local politics, Dr. Voyles said that 

a substantial black vote for a white candidate would be a kiss 

Would you agree with that assessment? 

A I agree. This is basically what I tried to pinpoint | 

they will receive a white backlash. 

THE COURT: 

All right. Let's knock off until tomorrow. Be here 

at nine o'clock tomorrow. 

( COURT ADJOURNED ) 

     



  

203 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
237 

  

A Prior to 1974, in my estimation, it would have been 

a waste of time and money. One would have to run, at large, 

in either the City or County and, given that set of facts, 

the chances of winning the City election or County election 

on the part of a black would be nill. 

Q The Prichard election, City elections are at large, 

are they not? 

A Yes, sir. 

| 0 And many blacks have sought office for the City 

elections in Prichard? 

A Yes, sir. 

| Q What is the difference between Prichard and Mobile 
< 

or Mobile County? 

A In the City of Mobile in Mobile County, the voting 

strength of blacks is substantially lower than that of whites| 

In the City of Prichard itself you have a black population 

that is in the majority. Whether that is about fifty-five 

or fifty-eight percent, I am not sure, but it is a majority 

and consequently the potential voting strength of blacks in 

the City of Prichard is in the majority. 

A black candidate running for an election in the 

City of Prichard has at least an equal chance of success at 

being elected and I think they are good. 

Q Do you know either Mr. Alphonso Smith, Mrs. 
      
 



  
24 

25 

  

  
  

204 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

242 
  

race this past election? 

A We have five who actively participated. There were 

seven who qualified. 

0 “Jas there a heated campaign? 

A It was a very vigorous campaign. There was no 

issues that burned in terms of controversy, but it was very 

vigorous in the sense that we had five people actively 

campaigning for votes and, to this extent, I guess you could 

say heated, but not heated in terms of controversial issues. 

0 Was there, to your knowledge, any door to door 

canvassing or offers to take voters to the polls and sort of 

a great deal of direct contact between the candidates and 

the voters? 

A Yes, sir. At least one, perhaps two. I know for a 

fact that one candidate did offer to take voters to the polls 

toc vote and, as well to the Courthouse to register them. We 

did extensive door to door campaigning and I am sure, to some 

extent, some of the other candidates did some, but not 

extensively. The offers to take voters to the polls and, you 

know, register voters to register. 

0 Within the black community what are some of the 

‘major endorsing groups? 

A I would imagine that the two major endorsing groups   would be -- one, the non-partisan voters league and, two, 

     



  

205 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
246 

  
  

only reason I interrupt, the projected trial time, which is 

rather lengthy and if these matters are between black candi- 

dates and majority black districts, I just think we are 

wasting time. If you had a black and white candidate, you 

might have some relative issue. It is extremely interesting. 

I. like polirice, bur. ..coovmb 

MR. MENEFEE: 

Yes, sir. I was following this line of questioning 

to show a black perspective on the strength of the non-partisan 

voters league. 

THE COURT: 

Well, if it is between blacks, what help does it 

have to us? : 

MR. MENEFFE: 

All right, sir. 

THE COURT: 

I think it would have some relevance if it was 

white and black votes or candidates. 

MR. MENEFEE: 

Yes, sir. 

0 Mr. Buskey, do you have any opinions as to why more 

blacks don't seek election to the City Commission and the 

County Commission and the County School Board? 

A Yes, I have. Running at large, they wouldn't have 

        
 



  

206 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
247 

    

a chance. The way it is presently constituted, running at 

large would be a waste of time and money and emergy. 

4 Do you think many more blacks would seek election to 

these offices if they thought the chances were better? 

A Yes, sir. 

0 We have discussed the interest that was created in 

louse district ninety-nine by the race this past May. 

There were many other races being run at the time 

for County Commission and other posts, were there not? 

A Yes, sir. 

0 In those races, County Commission, in particular, 

can you name any candidates that made any appeals to the 

black community for their votes, any substantial appeals? 

A Yesterday I tried to indicate that white candidates 

in those races did campaign on the black communities. 

THE COURT: 

Let's don't go over the same thing. I remember 

what you said yesterday. If you have something additional 

to that, you may. 

MR. MENEFER: 

Mr. O'Connor, would you hand Mr. Buskey Plaintiffs’ 

Fxhibit number 3, please? I am sorry, I mean number 4. 

Mr. Buskey, Plaintiffs’ Exhibit number 4 shows 

voter turn out in predominantly black wards and predominantly 

        
   



207 

| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

| MOBILE, ALABAMA 

  

2 white wards during elections this past May? 

3 THE COURT: 

4 Yhat is the number of the Exhibit? 

5 MR. MENFEFEER: 

6 Plaintiffs’ Exhibit number 4, your Ponor. 

7 THE COURT: 

8 All right. 

9 R. MENEFEE: 

10 0 There are five wards listed as predominantly black 

11 in the lefthand columm, four of them being within Rouse 

12 | ninety-nine?   a iA Yes. 

mw 12 The turn out figure, rate of turn out, for those 

15 four districts reflect twenty-eight point four percent for 

16 County Cormission place number one and then, taking the one 

17 other predominantly black district, district number 

18 thirty-five - one zero three - one, which, I believe, lies 

19 in representative Cary Coorer's House district? 

20 A Yes. 

91 nN It shows a turn out of twenty-two point seven 

99 percent ~- see it with the asterisk in the middle of the page? 

91 A Yes. 

7 5 And then for the runoff it falls off to sixteen 

point five percent?   
      
 



  

208 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  2 cca S240 
1 

2 A Yes. 

3 0 It shows a difference in the runoff election from Pe 

4 your race was being run against Mr. Flannagan of eleven -- 

5 almost eleven percent between the black districts and 

6 ‘louse ninety-nine and the one black district we have been 

7 able to sample outside of House ninety-nine. 

8 Do those figures agree with your general observa- 

9 tions on voter interests in the black community? 

10 A Yes, sir. 

11 0 Okay. That's all on that. 

12 I would like to ask you a few questions further 

13 about -- referring to Plaintiffs' Exhibit number three. 

14 Again, we have predominantly black wards and 

15 predominantly white wards. On the second sheet we have turn 

16 || out figures on the second sheet of it we have turn out figures 

17 for 1973 City Commission race and we see, for example, place 

19 ‘IR. ARENDALL: 

20 I beg your pardon. What Exhibit are you looking at? 

fR. MENEFEE: 

This is number three. Place one runoff, which was 

the contest between Mr. Greenough and Mr. Bailey. 

You see a turn out differential between the black 

wards and the white wards of eighteen point seven percent for         
 



  

209 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

288 
  

(3
 

time. 

Because of the quickness on which it was focused, 

I think that, to a large extent, many blacks felt that it 

would continue and consequently the polls were forgotten 

and a lot of other processes. 

THE COURT: 

All right. 

MR. MENEFEE: 

Your Honor, there will be other witnesses who 

can discuss more fully the Joe Langan race in 1969 and 

Mr. Langan, later at the County Commission in 1972. We have 

some turn out figures in our Exhibit number 3 that reflect 

blacks turning to the polls in substantial numbers. 

TRE COURT: 

All right. You may come down. 

Whom will you have next. 

MR. BLACKSHER: 

Mr. Joe Langan. 

JOSEPH LANGAN 
  

the witness, called on behalf of the Plaintiffs, and 

after having first been duly sworn to tell the truth, the 

whole truth and nothing but the truth, took the stand and 

testified as follows: 

        
 



  

Bo
 

  

210 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

DIRECT EXAMINATION 

BY MR. BLACKSHER: 

0 May it please the Court, this is Mr. Joseph NH. 

Langan. He is sixty-four years old. Presently resides at 

267 Houston Street, Mobile, Alabama. 

He has been a resident of Mobile, Alabama, his 

whole life. He is presently a practicing attorney in 

Mobile. 

Mr. Langan, tell the donrt the offices you have 

held during your career as a public servant in Mobile? 

A Well, I served in the Alabama House and the Alabama 

Senate and Mobile County Commission and the Mobile City 

Commission, as far as elective jobs are concerned. Of course 

I was on the board of education and numerous other positions 

and other appointive positions. 

0 You were elected to the Alabama House of 

Representatives in 19397 

A Right. 

Q And served one term? 

A Yes. 

Q You were elected to the Alabama Senate in 1947 and 

served one term? 

A Well, the election was in '46 and the term began 

in '47 and I served one term; yes, sir. 

289 

        
 



211 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  — a A a — ef 

0 And you were an elected Commissioner of the City 

of Mobile from 1953 till 1969? 

A Yes, sir. 

4, And you said you served briefly as a County 

Commissioner. 

Would you explain that? 

A Well, I served a little over one year on appointment 

as a County Commissioner. 

4) That was in 1950 and '51? 

A Right. 

9, So, altogether you won, through the elective 

process, one term as a State representative, one term as 

a State Senator and four terms as a City Commissioner? 

A Yes, sir. 

0 And vou were defeated three times at the polls? 

A Yes. 

0 In 1951 by Mr. Tom Johnston and that race was for 

the. uw. 

A State Senate. 

Q In 1969, by Mr. Bailey for the City Commission? 

A Yes. 

N And in 1972 in a runoff with Mr. MCConnell for the 

County Commission in the Democratic primary? 

A Yes. 

        
 



  

212 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

a 1 2091 
  

» 0 Mr. Langan, do you attribute your loss in 1951 to 

3 Mr. Johnston in any way to racial factors? 

4 A Yes, sir. I feel that that was one of the main 

5 factors in that election. 

6 0 Specifically how did it come into the picture? 

7 A Well, I had been rather critical of some of the 

8 racial practices in Mobile from the time I got out of the 

9 service and was elected to the State Senate regarding the 

10 bus situation in Mobile and also in the State Senate the 

11 Boswell amendment had been declared unconstitutional and 

12 they introduced a new amendment to regulate voting in 

| 13 Alabama and tried to cure some of the defects that the Court 

14 stated had existed in the Boswell amendment and four other 

15 Senators and myself filibustered for several days and worked 

16 until we finally defeated it by filibustering it through the 

17 end of the session of the legislature and, of course, there 

18 was other action that I had taken on helping to bring about 

19 the equalization of pay for both black and white school 

20 teachers in the Mobile County school system. 

21 THE COURT: 

929 The Boswell amendment was really a literacy test 

93 aimed at blacks, wasn't it? 

24 A Yes, sir. 

        
 



213 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

occasions, to deal with Mr. LeFlore and hear his complaints 

: 292 
1 

2 Q And you are saying that those actions you took on 

3 behalf of equalizing black and whites hurt you in that election? 

4 A I am sorry, I didn't get that. 

5 0 Those actions hurt you in 19517? 

6 A I think, at that time, it very definitely did. From 

7 correspondence I received and from things in the legislature 

8 and all it played an important part in that election and, of 

9 course, at that time, very few blacks were voting. 

10 0 That was still at the beginning of your political 

11 career, so to speak. 

12 What lessons did you learn from that campaign on 

13 racial overtone issues? 

14 A Well, I don't know. As I say, sometimes I began 

15 to realize that no matter how high the ideals you might 

16 have, sometimes you have to be a pragmatist and realize there 

17 are certain things more important to a person's economic 

18 livelihood and things of that nature. So that there are 

19 areas that you should work in that can bring about good and 

20 still don't bring a lot of clash and a lot of animosity. 

91 nN You knew John LeFlore? 

99 A Yes. 

93 3 And during the time that you were on the City 

94 Commission of Mobile you had occasion, didn't you, on several 

        
 



    

214 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

(3
 

On
 

a
 

| 

about changes that he was seeking on behalf of the N.A.A.C.P. 

A That {8s right, sir. 

0 Were there some occasions when you told Mr. LeFlore 

that some of the things he was asking were just more than you 

could provide or seek as a giey Commissioner? 

A Well, in several conversations with him I pointed 

out that T felt that there were things that the N.A.A.C.P. 

and other organizations were advocating that really from an 

ideal standpoint they were wrong and things that needed to 

be corrected, but as far as the black people in the community 

were concerned, I thought that there were other things much 

more important for them to attain and, therefore, the things 

that would really help them economically and help them to 

obtain jobs and a fuller 1ife were more important than the 

pure ideals of what our government should be. 

nN Concerning those things that you thought could not 

be accomplished through the political process, did you ever 

advige Mr. LeFlore that he should try to use the Courts to 

seek re-address of those grievances? 

A In discussing with him, he very much believed in 

legal process and in proper proceeding to obtain the ends that 

our government established on the principal that if we do 

have laws that are in conflict with the constitution and 

denied rights to persons that are guaranteed to them, the 

        
 



  

215 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

1 

2 places to find re-address is through the Courts and not 

3 through public violence and things of that nature. 

4 We did many times discuss if changes were needed 

5 that he should go to Court to bring about those changes. 

6 The things that we could do within government we 

7 tried to do, and the things that we felt were issues that 

8 should he decided by the Courts we advised he should go to 

9 Court. 

10 || 0 In any event, you did run successfully for the 

11 City Commission in 19537 

12 A Yes, sir. 

13 2) And stayed in office until 1969; that is, four 

14 terms? 

15 A Yes, sir. 

16 8, Did the racial issues surface in any of the elections 

until 1969? 

A Well, it came up some in the 1957 election. Of 

course, as the issues grew and time went on and, of course, 

they became much more the focal point of pretty near every 

political campaign we got into in the '60's with the Civil 

Rights movement and other activities and it was brought to 

the attention of more and more people and people began to 

make thelr decisions based a lot on their position on racial 

questions. 

        
 



  

O
v
 

=]
 

  

216 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

0 Do you think that the electorate made their 

decisions as between you and Mr. Balley in 1969 along racial 

lines? 

A I think it was a determining factor in the election; 

ves, sir. 

Y The Court has just inquired of the last witness abou 

the fact that there appeared to be a drop-off in the black 

wards in support of you in that 1969 election against 

Mr. Bailey. 

Would you explain what happened? 

A Well, there was an element in the black community 

here that became very active about that time in the Civil 

Rights movement in the community and they took the attitude 

that anyone who didn't do everything that they wanted done 

was a racist and in their papers they condemmed me for being 

a racist and they got out and worked to try to -- their 

philosophy became that there is no one in the City Mall or 

no one running for City Commission who is worth voting for, 

and, therefore, don't vote. 

They put on a very active campaign to keep the 

people from voting. As a matter of fact, many people were 

standing in front of the wards taking pictures of people that 

went in and I was told by many people that tried to go vote 

that they were threatened. 

  

       



21.7 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

296 
  

0 Was this the NOW organization that was associated 

with Nobel Beasley? 

A Yes. 

8) Did Mr. LeFlore and the non-partisan voters league 

endorse you in that election? 

A Yes. 

3 Did they attempt to rally the support of the black 

community for you? 

A Yes. 

0 Would the Clerk please show Mr. Langan Exhibit 61, 

the Exhibit that we were looking at a moment ago. Your Honor 

Plaintiffs’ Exhibit 61 is in one exhibit, a large number of 

newspaper articles that we have copied in exchange with the 

Defendants and I would like to try to use them as one 

Txhibit, if there is no objection, just to simplify matters. 

THE COURT: 

Fine. let's take a fifteen minute break here. 

(Plaintiffs' Exhibit number 61 was received 

and marked, in evidence) 

{ RECESS ) 

THY COURT:   
       



    

218 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

24 

25 
  

It was only about seventy-five percent of what voted in 

1085. 

“) And it is also true that the voter turn out in the 

black wards were substantially less than had been expected? 

A Yes. 

i, And that was attributed, you said in large part, 

to this boycott that an organization in the black community 

organized? 

A T think that had definite effect on it. Of course, 

as I say, the total vote was down from what it had been; it 

was down even more so in the black wards. 

In other words, the wards I just enumerated, 

compared from 1965, they dropped from six thousand to three 

thousand some odd votes, about twenty-eight hundred vote 

decrease. 

THE LORD. 

Almost half less? 

A That's right. 

“R. ARENDALL: 

Would you give me those figures? 

A In the wards that I enumerated in 1965, in those 

wards I received six thousand four hundred and seventy-nine 

votes. In 1969 I received three thousand six hundred and 

ninety-~seven votes. 

      
 



  

219 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

300 
  

MR. ARENDALL.: 

Thank you. 

R. BLACKSHER: 

0 What other factors were, in your opinion, accountable 

~~ accounted for the total reduction in voter turn out? 

A Well, we had just had the hurricane the day before. 

I think that accounted for some of the people not voting, 

plus the fact that I think that there was a certain amount 

of apathy. More people were satisfied with the operation of 

the City Commission than what they had been in the term 

hetween '61 and '65. 

I think there has been a lot of criticism of the 

operation of the government between the '61l and '65 term 

and, therefore, more people were interested in bringing about 

a change where in 196% they were fairly well satisfied with 

the governmental operation and, as a consequence, more people 

so to the polls to vote against people than what they do 

to go to the polls to vote for people. As a consequence, 

there is not a lot of opposition to the people in office and 

vou won't have as good a turn out as they do when you have that 

opposition. 

THE COURT: 

The interest of change must have not been directed 

against you in '65. It must have been somebody else? 

        
 



  

  

~~
 

  

Ln 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

A Yes, sir. 

MR. BLACKSHER: 

0 In fact, Mr. Bailey was your only opposition in the 

election; is that correct? 

A In '69. In '65 there were four or five that ran 

against me, at that time. 

THE “COURT: 

Were any of the incumbents defeated in 1965? 

A Both of them other than myself; yes, sir. 

*R. BLACKSHER: 

nN The hurricane you are speaking about was Hurricane 

Camille, of course? 

A Yes. 

0 Explain specifically how that reduced voter turn 

out, in your opinion? 

A Well, it had caused some slight damage around the 

Mobile area and also a number of people that owned homes 

across the bay had damage from water, damage along the 

waterfront there, and many people had gone over to check. 

In other words, it was the first day they got to go across 

the causeway to check on their property and there were a lot 

of people cleaning up limbs and debris and things around 

their home where the wind and rain and everything caused 

debris. 

        
 



i 221 
i FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

I MOBILE, ALABAMA 

: (¥ 
3 

  

2 I think they begin on page forty-eight and page 

3 forty-nine. 

4 A Of course, there are some write ups there that 

5 concern it. The first ad here, it looks like is one of mine 

6 on page or part of one of mine on page forty-six. 

7 n This is vour ad? 

8 A Yes. And then forty-seven is part of my ad and 

9 forty-eight is an ad of my opponent, ves. 

10 a And so is forty-nine? 

11 A Yes. 

12 0 And Fifty? 

13 A And page fifty. 

14 0) All right, sir. Page forty-nine is an ad that shows 

15 you, a picture next to that of Mr. LeFlore, and says, "Will 

16 you let this pair run your City for another four years?" 

17 referring to Mr. LeFlore as a person that was appointed by 

18 you to the Mobile Housing Board? 

19 A Yes. 

20 A) Did that kind of an ad cost you votes in this 

91 election? 

99 A I don't thin!’ there was any question. It would have 

93 cost me votes in white wards, yes. 

i) You were, for a certainty, during that election, were 

ragged, as it were, with the black votes; is that correct? 

        
 



    

222 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

    

A Yes. 

0 Nevertheless, you say you believe you could have won 

if you had had a solid black turn out? 

A Yes. If the black vote had turned out any where near 

the number that had turned out four years previously I would 

have had a plurality in that election. 

THE COURT: 

Let me ask you a question. 

A Yes, sir. 

THF, COURT: 

Now, you started running for City Cormission in 19517 

A Fifty-three. 

TIE COURT: 

Fifty-three. You had two previous elections before 

the '65 election? 

A Yes, sir. 

THE-COURT: 

When did the black vote first become a significant 

factor in elections. 

A It was beginning to build up a little bit in '57. 

Actually it was 'fl when they were beginning to put on some 

voter registration programs. 

T™T COURT: 

Do you have any recollection of what the total 

     



223 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
310 

  

5 Hdn't quite work out. 

Nn Is it fair to sav, on balance, the major factor 

contributing to your defeat was the racial issue? 

A That and apathy, the peorle not voting. 

(@
)]
 

) Nineteen seventv-two you ran for the County Commission 

E and got into a runoff with Mr. McConnell in the Democratic 

nrimary, which vou lost, correct? 
8 

9 A That's right. 

- 4 ould you say that race and racial issues played an 

v imnortant role in your defeat there? 

" A T think it plaved an important role. Yowever, you 

” iad there an entirely different constituency and there were 

2 nany other factors involved in that election. 

r In other words, there were many communities in the 

- outlying communities, the City officials of those communities 

= T had opposed in trying to work out fiscal matters that 

i would have been te the benefit of the City of Mobile and there 

rere areas that TI had brought about the annexation to Mobile 

" *hat had surrounded those comrhmnities and, therefore, they 

5 were fearful -- and IT had taken the stand that the better and 

: most efficient kind of government was a metro form of govern- 

i nent, and they were fearful of that and, as a consequence, 

4 T had a lot of opposition in these commnmities that had 

nothings particularly to do with race. 

(3
) 

In
 

        
 



  

O
v
 

  
  

224 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
Lia) 

  

THE COURT: 

What year was that election? 

A illneteen seventy-two. But the racial issue, as I 

say, it was played up and my opponent did use it as one of 

the main thrusts in the campaign and, particularly in these 

communities I am talking about, many of which were the people 

that had fled from the Citv to get away from the racial 

situation and it added fuel to the fire. I think the racial 

issue did play an important role in the campaign. 

# For the record, if you will look at that Exhibit 61 

again, pages fourteen, fifteen, sixteen, seventeen, nineteen, 

twenty-one, twenty-two, twenty-three, twenty-five and twenty- 

six, and that's all I see relating to Mr. McConnell's ads; 

can you identify them as ads from that campaign? 

A Yes, sir. As I say, you can see this many of them -; 

of course, a lot of them were just absolutely -- well, taken 

out of context, but, as I say, a lot of them were thrusted 

toward the racial cuestion. 

3 Yow, there was no black boycott of the polls in 

NO. m
a
 

o>
 

Ir CoOnT. 

Dlack what? 

ry Tr {tI 
E33, BILAC SHE FN 

      
 



  

225 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

212 
  

(@
)]
 

A ell, as T say, I received, within the City, a good 

vote. It was just a question of, as Mr. McConnell here pointe 

Boycott, your Honor. 

0 How do you distinguish the results in 1969 and 19727 

out in one of his ads in the first race, in that election 

he enumerates two, four, six, eight of the group of wards that 

T enumerated awhile ago. 

i As predominantly black? 

A Yes, and In this election against Mr. McConnell I 

received thirty-seven hundred and twenty-six votes; whereas 

in the '6? race T only received thirty-six ninety-seven in 

all of the black wards. So, as I said, had T gotten this 

ind of vote then In the '69 election, it would have made 

the difference. 

2 My point 1s, it didn't seem to do you any good 

in 19727 

A Yo. It did not. It was a different kind of 

constituency and it involved other issues and problems I 

had created for mvself in those outlying areas. 

In other words, when I had moved out of the limits 

of the City of Mobile and brought in that opposition, plus 

the fear of the people of Chickasaw, Saraland, Satsuma, 

“fount Vernon, Pavou la Ratre, and so forth. In other words, 

the neople in office down there had felt that I was trying 

        
 



  

226 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

318 . 
  

9 that you think you could have won in the City wide race and 

3 T guess you are saying in this County wide race, even though 

you were tagged with the black vote, is that what you are 

saying, other circumstances being different? 

A Yes. IT would say if we turned back the pages of 

time to when I ran for State Senator, something back in 

those times, when I hadn't been involved in some of these 

issues with the smaller communities and had brought about 

changes that were detrimental to them where I could have 

gotten any kind of break at all in the County and then with 

| a good vote in the City I could have been elected. 

A, Could a black candidate in a City wide or County 

wide race get elected? 

A Well, so far, they haven't and it is most difficult 

to see -- I don't know whether circumstances will be changing) 

but so far none has been. 

  

i$ You are not willing to express an opinion on it? 

A Well, I don't think they could. I mean, the evidence 

pt
 

©
 

speaks for itself. They haven't been. So, I can't conclude 

other than the fact that they couldn't be, because there 

have been several black candidates who have run for County 

wide position who were iminently qualified and should have 

been and could have been elected, but who were not. So,     as I say, I feel that the opportunity had been there. 

    
 



227 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
310 

  

There were men, as I say, that were well qualified 

running for school commissioner and things of that nature 

who were not elected and so, therefore, I just feel they 

could not, as yet, be elected in Mobile County. 

THE COURT: 

Mr. Langan, has there been somewhat of a polarization 

of votes and is it more or less true or not that with 

polarization that is difficult for black candidates to be 

elected and increasingly difficult for white people to be 

elected in black majorities? 

A Yes. TI think so. As I say, I think it, of course, 

depends a lot on the person. 

THE COURT: 

I guess the thrust of my question is has there been 

somewhat of a marked polarization? 

A Yeas. TI think there has been some break down, 

although, in some of your areas and the schools and younger 

people, there have been blacks that have been -- blacks that 

have been elected in communities that were mainly white, 

like the University of South Alabama. I mean, there have been 

many people out there and I was out ...... 

THE COURT: 

You mean in school politics? 

A Yes, sir. 

        
 



    

223 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Ww
 

O   

    

TRE COURT: 

All right. You expect that to translate into ..... 

A Yes. I think there is a change taking place. I 

think possibly Murphy High School is a majority of white 

students there and yet their president of the student council 

for the coming vear is a black person and the president, last 

vear, was a white person. I spoke at the change over from 

one regime to the other and, as I say, there, I think, it 

shows that the students are willing to elect a person 

irrespective of their race. 

MR. BLACKSHER: 

9) Mr. Langan, I don't want the record to seem to 

indicate that the non-partisan voters league in these black 

commmities in general supported you just because of what 

you did in the 1949 legislature for equalizing the pay of the 

black teachers. 

Were there specific issues that vou supported that 

had special uphill to the black communities during the '60's 

when you were a City Commissioner? 

A Well, I think no matter whether it is a psychological 

or ideological or economic benefit, I think most people 

do vote for people because of something that either they 

get or something they do. 

I think, of course, that there were many people in 

    
 



229 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

32 
  

the black commumity that voted for me, because while I was 

in the City Commission we paved many streets in black 

neighborhoods who never had a paved street before and put 

water and sewer service in those areas that didn't have it 

before and parks in those areas that didn't have parks 

hefore. I think there are many things that happened or 

that we had pledged ourselves to do that brought about a vote 

in those commmities. 

4, Were you consistently endorsed by the non-partisan 

voters league and, of course, they didn't come on the scene 

until when, as an organization? 

A Hell, it was on up in the latter part of the 

'50's hefore they really became real active. As I say, they 

had participated before, of course, but they didn't have the 

strength. 

There hasn't been many black voters in the 

community due to the restrictions on registration and other 

things and it was only after some of those things were 

broken down and they were free to get registered to vote. 

N What about the so called pink ballot? When did 

that first appear? 

A I don't know exactly when. 

n Were you ever endorsed -- you were, weren't you, 

on the pink ballot? 

        
 



    

230 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
3 2 

  

  

A Yes. 

Q Can you describe to the Court the process that 

you went through to ask for and obtain that endorsement? 

A Well, I didn't ask for it. They endorsed me without 

my asking for it and they, just like the newspapers or 

other groups, they set up a ballot on which they marked 

the person that they felt should be elected to office and 

T was one of those that were on the ballot. 

0 Did you contribute to the non-partisan voters 

league? 

A I paid a contribution to them to help pay the 

expenses. In fact, they told me if TI would make a contri- 

bution they would appreciate it and I did. 

Q And it was your understanding that it was made 

for the printing and the distribution of the ballots? 

A That's right. 

nN How effective, in your opinion, was the non-partisan 

voters league and its pink ballot in delivering -- if we 

can use that word -- in delivering the black vote in Mobile? 

A Well, it is difficult to say how effective it was. 

I would say that generally whoever's name were on there withis 

the black commmity obtained an outstanding vote. 

0 Was there a period of time when that -- when the 

influence of the pink ballot was greater than at others? 

      
 



231 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

323 
  

2 A I think in the early days of voter registration and 

3 all and before the Civil Rights movement really got into a 

4 big swing, up in the middle sixties, I think that it had -- 

5 the older Mobilians and the people in the black community that 

6 iinew each other and lived here together and they worked real 

7 closely together and they were very effective. 

8 As I say, as time went on and you had some of the 

9 young people and other people from out of town that got into | 

10 the black community and began their own agitating and their 

11 own small groups, I think they began to split up its | 

12 effectiveness, because you had a certain amount of split off 

13 among some of the younger black people in the community. 

14 0 I think you have referred earlier to the fact that 

15 incumbents were having problems generally, at one point, 

16 in the sixties? 

17 A As TI said, usually people will go to the polls and 

18 vote against somebody. In other words, they will be against 

an incumbent and, therefore, they will gc. to the polls and 19 

90 vote, because they have antipathy towards somebody where, | 

91 otherwise, if they are pretty well satisfied with the way | 

99 government is going or if there is nobody particularly | 

99 involved -- in fact, that sheet I had a moment ago with | 

04 regard to the 1969 election. In that election there were 

        
 



  

| 
| 
| 

| 

  

232 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
360 

  

THE COURT: 

You gentlemen might want to stipulate to that or 

study it and come up with some other figures. 

All right. Whom will you have next? 

MR. MENEFEE: 

Mrs. Lonia Gill. 

LONIA M. GILL 
  

the witness, called on behalf of the Plaintiffs, and 

after having first been duly sworn to tell the truth, the whol 

truth, and nothing but the truth, took the stand and testified 

as follows: 

DIRECT EXAMINATION 
  

BY MR. MENEFEE : 

0) This is Mrs. Lonia M. Gill, fifty-eight years old 

and lives at 2854 Whitlar Street and married and mother of 

two children. She attended Mobile County Training School 

and Tuskegee Institute. She has been a resident of Mobile 

County all of her life. 

She is executive secretary of the A.M.E. Zion Church; 

is that correct, Mrs. Gill? 

A That's right. 

        
 



24 

25 

233 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

363 
  

A Some of the campaign literature? 

0 Yes, ma'am. 

A Yes. 

0 And Mr. Alexander's carried his? 

A Yes. 

0 Do you think it is a fair statement to say that 

Mr. Alexander is known as an opponent of busing and an 

associate of Governor Wallace? 

A Yes. Sure. 

4) Mrs. Gill, is it fair to say that most of your 

support in that election came from the black community? 

A I can't say that in the runoff. I don't know that 

most of it did or not. I really don't know, because I feel 

that I was supported by both, but naturally I am sure that 

most of them came from blacks, I believe. 

0 Wes: Gill, about how much money did you spend in 

your school board race? 

A I don't have the figures with me. It couldn't have 

been too much, because I didn't have too much. I just had 

enough to take care of all of my obligations. 

nN You are talking about maybe a couple of thousand 

dollars? 

A Well, something like that. Perhaps two thousand 

dollars, if that much. 

        
 



  | 

234 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
364 

  

24 

25 

0 I see. Did you use S55 radio or television ads? 

A I did. I was on radio and television quite a bit. 

This was why I can say no one really had to wonder who I was. 

n Did you have to pay for those spots or were they 

public service? 

A No. They was donations from friends. 

Q I see. Do you have an opinion as to whether your 

campaign created much interest in the black community and 

whether you received substantial support within the black 

community? 

A I think it created quite a bit of interest. Now, 

since this was a County race? 

0 Yes, within the County. 

A Within the County community. I think it did, but 

not as ich as it should have, but it did create quite a bit 

of interest. 

0 Were you endorsed by the non-partisan voters league? 

A : Yes, I was. 

0 Did you receive endorsement from the voters registra- 

tion organization? 

A Yes, I did. Would you allow me to say that even the 

Mobile Press Register endorsed me. 

Q From your experience, do you have an opinion as to 

when you say in the community, do you mean the County community, 

        
   



235 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

365 
  

24 

25 

whether or not a black running, at large in the community in 

Mobile County, has a reasonable chance of winning an election 

against a qualified white opponent? How would you describe th 

chance of a black citizen? 

A Personally, Mr. Menefee, I would think that the chanc 

would be very slim, really. 

Q Would you also have that opinion for running at large 

in the City of Mobile? 

A Yes, sir. 

Q Do you see a great deal of difference in terms of the 

racial issue between Mobile County and Mobile City? 

A It is almost equal. I have had a chance to cover 

the County even before the race, and I have known the City, 

you know, all of my life. I don't see very much difference 

in the County and the City. 

Q Do you know Dr. E. B. Goode? 

A Yes, sir. 

9, Dr. W. L. Russell? 

A Yes, I do. 

Q And Mrs. Jackie Jacobs? 

A Yes. 

Q These were three previous candidates for the school 

board and received substantial support from the black 

community. Were they well known in the black community? 

es 

        
 



      
  

236 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

366 
1 

at lA I would think so. 

3 {0 All three of those candidates also gained a runoff 

4 ||against a white opponent, just as you did? 

5 A Yes, sir. 

gr Do you know a Mr. Alphonso Smith, Mrs. Lula Albert 

7 llor Mr. Ollie Lee Taylor? 

8 ||A Not personally, but I know of them. 

9 HO They ran for the City Commission in 1973. 

10 Were they as well known in the black community as 

11 || the previous list of blacks, black school board candidates? 

12 [lA I can't say yes or no to that, simply because I 

13 don't know that. Because I don't know everybody, but I 

14 ||really don't believe that they are. 

15 Q Mrs. Gill, if it was necessary to raise approximately 

16 twenty-five thousand dollars to run a credible race for the 

17 Mobile County Commission or the City Commission, do you think 

18 a black candidate, would be black candidate, could raise that 

19 kind of money and would enter the race? 

wl 1A I don't know. I doubt seriously if a black candidate 

a1 could raise that kind of money, thirty thousand dollars or 

57 twenty-five thousand dollars. 

53 0 Would you be willing to undertake a race? 

bs A Not County wide or City Commission either, for that 

matter. 
25 

  

  
     



  

237 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

369 
  

Q All right. What else? 

A After that, well, we dealt with Judge W. Brevard 

land, I think. I happen to have served as chairman of that 

bi-racial advisory board. I have served in Mobile City as 

Mobile County wide president of the P.T.A. and then served 

as a Mobile County wide president of the P.T.A. and then was 

elected State president of the P.T.A. and 1 have served on 

50 many committees. 

| I have worked for the City of Prichard, having been 

appointed the first black department head as director of the 

community development program in the City of Prichard, and 

the member of the board of adjustment. I was also a member 

of the board of advisory committee out there in Prichard and 

cne of the trustees of the formerly sixth district hospital 

when it closed. It was the Keller Memorial Hospital and it 

was just any number of things associated with Mobile or with 

[flobile County. 

I could go on and on. I am not a newcomer. I have 

been in Mobile and Mobile County all of my life and a lot of 

people know me. 

race, did you not? 

n And you have a substantial support of whites in your 

jr I think I did. TI really believe I did, not being in 

pn position to actually know how many votes I got, but I believe 

        
 



  

238 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

373 
  

A No, Mr. Menefee. 

MR. MENEFEE: 

That's all. 

THE COURT: 

You may come down. 

MR. MENEFEE: 

Your Honor, we would like to call Mrs. Jerre 

Koffler next. 

JERRE KOFFLER 
  

‘truth, the whole truth, and nothing but the truth, took the 

stand and testified as follows: 

DIRECT EXAMINATION 
  

BY MR. MENEFEE: 

Q This is Mrs. Jerre Koffler. She resides at 4208 

Rochester Road and is married and the mother of two children. 

She attended the University of Alabama, Springhill College, 

University of South Alabama, and has lived in Mobile County 

Mrs. Koffler, is that correct? 

A That's right. 

Q Mrs. Koffler, did you run for the school board in 

the witness, having first been duly sworn to tell the 

since 1954 and presently employed at public relations counsel. 

        
   



  

239 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

315 
  

2 |lA That's right. 

3 [IQ Mrs. Koffler, down at the bottom, would you describe 

4 |/the layout of the ad at the bottom? 

5 HA At the bottom. That is May 2nd block vote, names 

¢ |/lthe wards, and there are four candidates listed there. 

7 ||Q What is the import of that?. What is the ..: ve 

gs ||A I think it is trying to show that certain block areas 

g | that the candidates who have the most votes got the black vote 

10 ||and the candidates that have the less amount of votes. 

1. 12 You were one of the candidates that got some of the 

12 ||most votes in a black area? 

13 A Yes, sir. 

1 Ie Can you tell me something of your relationship with 

15 |the black community or education in the Mobile area? Why did 

6 |[7ou receive such support from the black community? 

17 3 Well, I guess it was because I was willing to see if ] 

15 there was some way we could make the April Supreme Court | 

1 decision work in Mobile Coumty. I was anxious for the school | 

ob board to get on with the business of educating the children | 

20 and not fighting a losing battle against the Supreme Court of 

9) the United States. And I believe that was coincided with what 

a these blacks wanted to dc and what a number of whites wanted 

5 to do. 

0 Do you have some comments to make on -- well, for | 

        
 



  

240 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
376 

  

24 

25 

example, in this ad number one ''Signed agreement with N.A.A.C. 

to achieve total integration and total busing''? 

A That was one of the things that I tried to take to 

Court. I did not sign any agreement to achieve total 

integration or total busing, nor do I think any agreement 

signed by anyone would be any different, whether it meant 

to start busing or stop busing. I did not sign any agreement 

with anybody. 

Q Would you describe some of your activities in trying 

to ease this integration process, please, ma'am? 

A Can I take a few minutes to go through that? 

IR. ARENDALL: 

If your Honor please, it seems to me we are going 

awfully far afield here. 

‘THE COURT: 

Yes. The thing you are showing is some identification 

with blacks, a racial factor. It would be interesting, but 

I don't think that would be a great deal of help. 

MR. MENEFEE: 

Okay, sir. 

0 Mrs. Koffler, during the 1972 campaign, did you 

receive any threatening phone calls? 

A Yes, I did. 

0 Was this a common occurrence? 

P. 

         



241 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

377 
  

24 

25 

A I would get phone calls in the middle of the night 

saying, "Where is your nigger loving wife?', and my husband 

generally answered this, because I got a number of threatening 

calls of that same kind and he would say, ''She is sound 

asleep', and that would stop that, but that went on for 

about three months. 

0 Mrs. Koffler, is it fair to say that race was a 

major issue in your campaign? 

A I would think so. 

0 Do you think the term; "block vote' has racial 

connotations as used in Mobile County politics? 

A As used in this particular ad, I would say it did. 

Q Tagging you with a block vote and certain racial 

identification? 

A I would think so. 

0 Mrs. Koffler, have you been active in other political 

campaigns? 

A Through my work and prior to my work, yes, sir. 

0 Would you describe the period of time in which you 

have been active in these political campaigns? 

A I think the first real political experience I had 

was the Brewer - Wallace governor's race, and then, in my 

school board, and then I went to work right soon after that 

and we have handled some political clients in our work. 

  

       



    

242 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
378 

  

24 

25 

9) As recently as this past May? 

A Yes. 

Q Mrs. Koffler, from your experience, do you have an 

opinion as to the prevalence of race as a campaign issue 

in Mobile County, Mobile City politics; is it a major factor? 

A That is a hard question to answer. I would say that, 

in my particular race, it was a big factor, because of the 

circumstances. I noticed a little bit of it in this last 

May race. 

I think that if a candidate addresses himself to a 

specific black issue that he is liable to or she is liable to 

run into a little bit of race politics. 

Q Is it always a potential issue even between two 

white candidates, if the candidates want to play on that? 

A I can't say that it is always a potential issue. It 

depends on what the issues are. 

If the issues are that such it causes a rift, yes. 

It can be kind of potent. There are many races, I guess, 

that doesn't have any kind of racial discrimination in then. 

Q What is your religion, Mrs. Koffler? 

A I am Jewish. 

Q Was that an issue in your campaign? 

A No, it was not. 

Q Do you know whether -- from your experience, has 

        
 



243 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
379 

  

24 

25 

religion been an issue in campaigns? 

A I have never come across it. 

Q What about campaigns exploiting possibly national 

origin, against ethnic groups, was that ever an issue in 

Mobile County politics as you have observed? 

A The only ethnic issue that I have come across is the 

black - white. There might be some, but I just don't know 

about it. 

Q Is there any issue in Mobile County politics that 

you have observed in recent years that has the pervasive 

effect that race has? 

A Unless it would be crooked politics. 

Q Do you think race will also be an issue if a black 

candidate runs against a white in our present situation? 

A I would like to say I wish it weren't, and I hope it 

isn't and that we have outgrown it, but from a few things 

that happened in the May primary, I don't believe we have 

vet gotten to the point where we can say race is never an 

issue. 

Q What sort of thing did you see in the past primary? 

A There was another block vote against a candidate that 

was run in the paper. 

Q What race was that? 

A It was one of the District Court Judge races. 

         



  

244 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

380 
  

24 

25 

Q Was that in the Loveless - Kearney race? 

A Yes, it was. 

0 Was there an attempt to tag one of the candidates 

with the block vote? 

A Yes, sure was. 

0 Where were those ads run? 

A I saw, and this is a rather funny place to see it, 

I saw one in the Mobile Beacon and I believe one was -- some- 

where right in the County newspaper. I am being evasive, 

because I was out of town for a week of the runoff and 1 

have only seen them clipped and I am not really sure which 

papers they were run in. 

Q Do you know of any other racial campaigning this 

past May? 

A No, I don't. 

Q Mrs. Koffler, to what extent or how directly can 

white politicians address issues of particular concern to 

the black community? Is there a certain point in which it 

becomes a political liability to speak of issues of particular 

concern to blacks? 

A Yes. I would think, at a certain point, it could be 

a liability. 

Q Can you give me any examples of perhaps this past 

May any of the candidates who might have addressed issues of 

        
   



  

245 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

384 
  

24 

25 

A Never specifically. In fact, I don't recall ever 

meeting with a non-partisan voters league member, per se. 

Q Did you make any contribution to the non-partisan 

voters league? 

A No, I did not. 

) How would you describe the chances of a black 

candidate would have running, at large, in Mobile County and 

Mobile City against credible white opposition? 

A Well, in my opinion, it would be kind of a rough 

race for them. 

0 If you felt that your chances were similar, would 

you run? 

0 I don't think so; no. 

MR. ARENDALL: 

That is irrelevant. 

MR. MENEFEE: 

4, What is your estimate of and experience of running 

for the Mobile City Commission under the present, at large, 

system? 

A I can only tell you what it cost for me to run and 

I would imagine to run for the City Commission it cost me 

five thousand dollars. So, I would say to run a credible 

race for City Commission would cost anywhere between ten 

thousand and on up. I am sure there are some candidates that 

        
  

 



    

246 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
392 

  

24 

25 

Q During the time that you have familiar with it, 

has the non-partisan voters league complained to the govern- 

ment here in Mobile that blacks aren't appointed to various 

City boards and committees in fair numbers according to 

their representation in the population? 

A Yes, sir. 

YR. BLACKSHER: 

Would the Clerk show the witness Exhibit 67? 

One minute, please. I have the wrong Exhibit. I am sorry, 

it is 64, 

Your Honor, what we have here in Plaintiff's 

Exhibit 64 is the summary of the City committee appointments 

that have been provided us by the defendants in the course 

of discovery proceedings. I would like to move its 

admission in its present form having been exchanged with the 

Defendants. 

THE COURT: 

All right. 

(Plaintiff's Exhibit 64 was received and 

marked, in evidence) 

THE COURT: 

Let me ask you a question about this, you have total 

members and total prior members. Can you explain that? 

MR. BLACKSHER: 

      
  

  
 



  

] 247 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

412 
1 

2 Q I am talking about the league. 

3 A The league -- well, many of them...... 

4 Q Isn't it a fact, Reverand Hope, in the course of 

5 your connection with the league, its endorsement has been 

6 actively sought by candidates over the years that you have 

7 been connected with it? 

8 A Yes, sir. Definitely so. I explained that to start 

9 with. 

10 Q And wasn't that true in the last City Commission 

11 race in 1973? 

12 A Yes, sir. 

13 Q Every candidate in the race sought your endorsement, 

14 didn't they? 

15 A I believe all of them did. 

16 Q And were anxious to have as many black votes as they 

17 could get, weren't they? 

18 A Yes, sir. 

19 Q And over the years your success in getting black votes 

24 

25 

to go along with league endorsements has been proved by the 

efforts of candidates to get your endorsement, isn't it? 

A Yes. To a certain extent. 

Q All right. Now, did I understand you to say that 

what the league did was to try to endorse only people whom, 

in their judgment, would represent all people, black or white? 
        

  

 



  

248 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

    

D) A Yes, sir. 

3 Q In your opinion, has the league endorsed only such 

4 people? 

5 A In my opinion, they has; yes, sir. 

6 0 So, in your opinion, every candidate the league 

7 has endorsed would have been, if elected, a fair representative 

3 of both black and white? 

g || A That was our motive. 

10 IIR Is that your opinion of the facts? 

11 A Yes, sir. 

2 f° Now, then, you have had notable success in electing 

13 ||candidates that the league has supported, have you not? 

14 A Yes, in some instances. 

5 1° Now, as a matter of fact, in the Greenough - Bailey 

race the league originally supported Bailey, didn't they? 

o A No, sir. 

1B Q Who did they support? 

A Didn't they support Mr. Greenough? 

2
 Well, let's put it this way -- I can't answer your 

question. 

Let me ask you this. Didn't the black vote in effect 

put Gary Greenough in office? 

A I wouldn't say the black vote alone, sir. 
24 

THE COURT: 
25 
        
 



249 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

24 

25 

Was it the difference? 

A I believe so. 

THE COURT: 

All right. 

MR. ARENDALL: 

Q Was it also the difference in the Mims race? Could 

Mims have been elected without it? 

A | Well, that was the reason we endorsed them, in order 

that we would support those men who we felt would represent 

all of the people and then those who we endorsed we would 

ask the league to support them, but remember, the league 

didn't always support wholeheartedly who we endorsed. 

Q I think you had better explain what you just said 

to me. Did I understand you to say that the league didn't 

support wholeheartedly support or was it the blacks? 

A The blacks. 

Q In the last race Mr. Doyle didn't have opposition, 

did he? 

A No, sir. 

Q So, there wasn't any question there of solicitation? 

A No, sir. 

Q Now, you were talking about the inability of blacks 

over the last six or eight years getting elected in the 

County wide races. 

        
 



  

250 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

417 
  

24 

25 

No further questions. 

THE COURT: 

Will you put witnesses on just what you have been 

over the composition in the appointing authorities? 

MR. ARENDALL: 

Yes, sir. 

MR. BLACKSHER: 

One question, your Honor, that I would like to clear 

up. 

THE COURT: 

Go ahead. 

REDIRECT EXAMINATION 
  

BY MR. BLACKSHER: 

0 Reverand Hope, in answering Mr. Arendall‘'s questions 

did you mean to say that every candidate that the non-partisa 

voters league has endorsed has turned out to represent the 

interest of the black community fairly? 

A In reeent years they have. 

Q How recent do you mean when you say recent years? 

A In this last election and maybe the election prior. 

I think, in my opinion, they have done a very good job in 

carrying out their obligations toward trying to be fair to 

all people. 
        
   



  

25% 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

418 
  

24 

25 

Q Is that your opinion or the opinion of the entire 

league? 

A Yes. That is the opinion -- that is what I am tryin 

to speak for. They feel that the candidates that they have 

elected here in recent years has done a very good job along 

that line. 

Q Reverand Hope, has the non-partisan voters league 

ever sought to encourage or to file a candidate of their 

own from the black community ...... 

MR. ARENDALL: 

Objection, not in rebuttal. 

THE COURT: 

I will let him ask him. 

A I beg your pardon, sir. 

THE COURT: 

You may answer. 

A It has been very far between. We haven't had too 

many candidates who are black to run. I would think because 

they felt that they didn't have a chance to win, but 

Mr. LeFlore, he ran, himself, I believe for the Senate. Not 

that I believed that he believed that he was going to win 

the race, but to encourage blacks to prepare themselves or 

run for these different offices. 

MR. BLACKSHER: 

        
 



  

232 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

419 
  

That's all, your Honor. 

THE COURT: 

You may come down, Reverand. 

Whom will you have next? 

JAMES SEALS 
  

the witness, having been called on behalf of the 

Plaintiffs, and after having first been duly sworn to tell 

the truth, the whole truth, and nothing but the truth, took 

the stand and testified as follows: 

DIRECT EXAMINATION 
  

BY MR. MENEFEE: 

Q This is Mr. James Seals. He is forty-eight years 

old. He lives at 404 Palmetto Street. He is married and 

has four sons and holds a masters in music education. He 

has lived in Mobile County all of his life. He is an instruc 

tor of music at Bishop State Junior College and he works with 

the Mobile Jazz Festival and has been active in his neighbor- 

hood, which is often called ''Down the Bay Neighborhood'; is 

that an accurate statement, Mr. Seals? 

A Yes, itis. 

Q Mr. Seals, have you spent most of your life in the 

down the bay neighborhood? 
          

   



253 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

430 
  

24 

25 

A Well, it has been a problem since this -- around 

'69 or '68. That is when the renewal started, I believe. 

Q Still no remedy to that problem? 

A I don't know if it is being resolved, at this time, 

or not. 

Q Mr. Seals, in the course of our conversation the 

other day you mentioned that you voted at all Saints 

Episcopal Church? 

A Yes. 

Q Is this a predominantly white church? 

A Yes, it is. 

Q As a black person, have you ever felt any reluctance 

in voting there or have members of your family or community? 

A Well, I don't feel reluctance now, because I guess 

I have gotten use to the idea because of all of my places 

of voting. First I voted on Pillans Street at the VFW and now 

on Ann Street and all of the places I have voted since 1 

have been voting have been predominantly white places and 

I guess I have gotten use to the idea. 

Q Do you think it deters some of the people in your 

neighborhood? 

A I would imagine it deters some in going to a 

predominantly white place like that. 

Q Has the increased presence of black poll workers 

        
 



24 

25 

  

254 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

made voting in recent years -- made the voting facilities 

seem more available and attractive to black citizens? 

A Yes. I have spoken to some of the people in my area 

and they did feel that since the poll watchers were mixed 

that they had more ease and they felt a little differently 

about going to the polls, because people generally feel that 

if they go places where they are not mamy of their kind thers 

is a reluctance about going. 

n One last point. You have been active in your 

neighborhood for some time and a leader in your community 

organization and you expressed interest to me in this litiga- 

tion, 

Do you think if single member districts were created 

in your neighborhood that you might offer yourself as a 

candidate for City council or City Commission under certain 

circumstances? 

A If it was changed? 

0 Yes, sir. 

A Yes, sir. I do feel that I would. 

Q You wouldn't under the present system? 

A No. 

Q Why? 

A Because it would be very difficult to win and I 

don't think that I would like to sit myself as a loser from 

431 

        
   



255 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

433 
  

24 

25 

0 Not all of that being City money? A great deal of 

it being Federal money, wasn't it? 

A Right. 

0 And by and large the Mobile Housing Board since it 

is the recipient of the Federal funds, is subject to the 

overriding authority of their Federal authorities, is it not? 

A Yes. 

Q Now, I believe you have told us that you had been 

to the City Commission one or more times in connection with 

problems you have in your area; is that correct? 

A Several times. 

0 Which commissioners have you met with? 

A With our present commissioners, I have met with all 

three. 

Q And the previous commission, with whom did you meet? 

A Each time that our delegates went before the 

commissioners, all three commissioners were present. 

Q About how many times would you say that your delegat: 

has been down to the City Hall and met with the commissioners 

since May of 1967? 

A At least four times since 1967. 

Q And they have been readily available to you to meet 

with your delegation, haven't they? You had no difficulty in 

getting heard? 

fon 

        
 



  

256 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
434 

  

24 

25 

A We had no difficulty at the meetings, no. 

Q With the exception of this matter with the park, you 

have actually accomplished everything that you had sought to 

accomplish except a part of the area has some problem with 

drainage? 

A The park and the schools, there were two. 

0 Well, the schools are subject to Judge Hand's order. 

A Well, you see, we were involved in that survey and 

it was made of the down the bay area. 

THE COURT: 

I think you can forget the school. That is out of 

the City's hands on a petition from the black people. 

MR. ARENDALL: 

0 As to the mark, didn't I understand you to say that 

you now feel that you have encugh people down there to actual 

get built the park that is part of the major plan? 

A But it is very difficult to discuss the park without] 

mentioning the school, because it comprises one big area and 

we were told that the whole area was owned by the housing boa 

that the school board was suppose to purchase one part of it 

and the City the other and, to our knowledge, this has not 

been done. So, it is very difficult to talk about the park 

and divorce the school when it is one large acreage. 

Q Well, let's try to do that, because there isn't 

ly 

rd, 

        
   



  

  

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

435 
  

24 

25 

anything, Mr. Seals, that the City Commission can do about 

that, or even the school board can do about that. 

MR. BLACKSHER: 

If your Honor please, I object to counsel charac- 

terizing that point. We will be glad to submit to you briefs 

providing you what the legal situation is. I understand we 

don't want to get into it in detail, but I object to that 

characterization. 

THE COURT: 

Well, it may be that the position that the City 

takes in that other hearing, but I think we will have to 

take judicial knowledge that the City, by itself, cannot 

do anything. It is subject to this Court's order. 

Whatever explanation you want and I am certainly 

not going to try that case. Thank goodness that is not mine. 

But the City Commissioners hands -- I think we have to 

recognize is tied to a large extent by the action of the 

Court in that law suit. 

Now, if you want to show some discriminatory purpose 

or motive that the City had in that suit, I want you to feel 

free to do it, so far as it relates to the park. 

MR. ARENDALL: 

As a matter of fact, Mr. Seals, the City of Mobile 

doesn't run any schools any where, does it? 
       



  

A No. The City does not. 

0 That is done by the Mobile County School Board? 

A That's right, but there is another problem, if I 

may 

Q Sure. Go ahead. 

A The housing board now wants to sell to private 

258 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

436 
  

ownership the land that was taken for the school site. See, 

that is another problem, because the land was taken for a 

school site and now if it is resold for private owners, I think 

it is unfair. 

Q That is the housing board and that isn't the City 

Commission and that is subject to Federal supervision, isn't 

it? 

A I guess so. 

Q Have you made any representations to HUD or HEW? 

A Just the housing board. 

Q And what response did you get from the housing board 

A The action is still pending on it. 

Q They have to take it up with Atlanta first, I think, 

don't they, and then Washington? 

A More than likely. 

Q All right. Now, as to drainage, drainage in a Whos 

lot of parts of Mobile, to your knowledge, have problems with 

drainage, don't they? 
        

   



  

259 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

437 
  

24 

25 

A I would suppose so. 

Q Are you aware of the on going efforts of the City 

of Mobile to effectuate a major drainage program? 

A Yes, 1 am. 

Q Is it fair to say, then, that you really not only 

have had access to the City Commission and have been heard 

by them as to every matter that you have sought to bring to 

their attention, but that with the essentials of the park 

to whatever extent the City has control over that, that is 

the only thing that you haven't gotten what you wanted; is 

that right? 

A Well, in my case, yes. 

Q There are, as you said to us, black and white poll 

watchers at all Saints Church, are there not? 

A There are. 

MR. ARENDALL: 

No further questions. 

THE COURT: 

Any further questions? 

MR. MENEFEE: 

No, sir. 

THE COURT: 

All right. You may come down. 

Whom will you have next? 

        
 



    

260 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
441 

  

  

I am going to put Dr. Voyles on as a witness and let him 

testify and he will be subject to full cross examination. 

They have his thesie and it speaks for itself. 

THE COURT: 

Well, he has the right to call anybody that he wants 

to and limit -- really, now, under the Federal rules, the 

question of wvouching for a witness is about out the window. 

The Court takes the testimony and weighs it. The old limita- 

tions -- we are particularly familiar with vouching as to a 

witness has certainly been severely reduced and we will 

limit cross examination and then you can put him on. 

JAMES E. VOYLES 
  

the witness, after having first been duly sworn to 

tell the truth, the whole truth, and nothing but the truth, 

took the stand and testified, as follows: 

DIRECT EXAMINATION 
  

BY MR. STILL: 

nN May it please the Court, the witness is James 

Everett Voyles. He lives at 1102 Savannah Street in the City 

of Mobile. He has a B.S. Degree -- and a M.A. Degree from 

the University of Mississippi, and a PHD Degree from 

North Texas State University in Denton, Texas, with the 

        
 



  

FEDERAL STENGGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

642 
1 

2 major in political science. 

3 He is presently employed in his own business, which 

4 is known as James Everett Voyles and Associates. 

5 Dr. Voyles, what is your age? 

6 A Thirty-two. 

7 Q You also hold a part-time teaching jobs at Springhill 

8 College and the University of South Alabama? 

9 A That was true, Mr. Still, up until May, at which 

10 time, I resigned in total from Springhill. I will teach in 

11 the fall at the graduate program at the University of South 

12 Alabama, assuming it is funded. 

13 Q Would the clerk hand the witness Exhibit number 9, 

14 please? 

. Here you are. Do you have one? 

16 A Is that my desertation, Mr. Still? 

17 GQ Yes. | 

18 A I have a copy here. 

19 Q Fine. They are all numbered the same, Judge. Would 

20 you explain to us what Plaintiff's Exhibit number 9 is? 

21 A It is my doctoral desertation which is entitled 

99 "An Analysis of Voting Patterns in Mobile, Alabama, 1948 through 

93 1970%, 

94 Q And this was in partial completion of your PHD? 

05 A Yes. That's right. 

        
 



    

262 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

443 
1 

2 Q What was the general purpose of the study? 

3 A The general purpose of the study was really to be 

4 a methodological statistical study of the voting patterns in 

5 the City of Mobile during the years this indicates. 

6 0 What statistical devices or methods did you use to 

7 measure voting behavior? 

8 A Are you referring to the Pearson product moment? 

9 Q Yes. 

10 A Yes. I used that as a means of determining correlation 

between variables in voting. 

Q Is this a form of regression analysis? 

A Yes, it is. 

Q And is it substantially similar to the least squares 

method of analysis? 

A Yes. As Dr. Schlichting testified, the methods that 

the Plaintiffs used a multiple correlation is based on least 

squares. This is always a derivative of least squares. The 

major difference, the Pearson product moment handles only one 

variable at a time whereas the multiple handles any number 

of then. 

Q They come out with generally the same statistical 

answers given the same information? 

A Yes. Theoretically, at least, if the data was 

handled exactly the same the results would be exactly the 

          
   



263 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

MR. STILL: 

In the bottom of the second paragraph, you make 

the statement, ''The implications appeared to be that 

identification with the black vote was to be avoided if one 

was to be successful In local elections. Thus, black electoral 

influence was virtually deleted in Mobile, ". 

Now, was that a conclusion of your study? 

A Yes. That is basically a conclusion. 

Q All right. Wasn't the thesis or the hypothesis that 

you set out to prove in this desertation that black voting 

influences in the City of Mobile over the time period you 

were talking about had decreased and the Republican influence 

was increasing during the same time period? 

A Yes. 

Q All right. Did you prove that hypothesis? 

A I think I proved very well the question of the black. 

I am not for sure I did so well on the Republican, although 

statistically they both proved out. 

Q All right. You then again make the same type of 

statement about black influence in. che elections, on page 

one hundred, I believe, in the bottom paragraph on that page, 

you make a statement that while blacks seem to be supporting 

all three winners in 1953 that everybedy who won in 1969 did 

not carry the black wards; is that correct? 

; 

        
 



    

264 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

re
 

  

A Did not carry the black groups, yes. 

Q All right. Is that a conclusion of your study? 

A Yes. 

0 Is that in support of your hypothesis? 

A Yes, it is. 

n And I believe that vou stated on page one hundred 

and seven of the desertation, around the middle of the page 

that it is better to ignore the black vote than to risk 

identification with it? 

A Yes, I did. 

Q All right. Now, what do you mean by identification 

with the black vote? 

A Well, by 1969, Mr. Still, the issue of Civil Rights, 

race and so on, had become very important, an important issue 

in Mobile. 

Perhaps it reached its peak, but certainly was a 

strong issue anyway and had been in the '65 race, as well, 

particularly in ‘69. What I meant by this was if a candidate 

got too close to the black vote and was identified as a 

candidate of the black community he was very likely, in 1969, 

to find some white backlash to his particular candidacy. This 

was particularly critical, if you were in a runoff election. 

Q Your thesis is not that any person who receives 

substantial black votes is going to lose, but that that candi > 

        
 



  

205 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

date will lose if white voters perceive that the candidate 

is identified with black voters; is that correct? 

A Yes. That is basically what it is. 

Q So, it is quite possible, under the thesis that you 

have developed here, for a candidate to receive a substantial 

number of black votes and still be successful; is that correct 

A Yes. I would have assumed, in 1969, that a candi- 

date could have received a substantial amount of votes in the 

black community and still have been successful. 

Q Now, would it also be congruent with your thesis 

that a candidate -- if a candidate was identified with the 

black vote, that white voters might vote against that candi- 

date, notwithstanding how the candidate actually did in the 

black wards on the same day? 

A I suppose that is possible, although we don't have 

any results of that that I know of. 

0 All right. And most of the cases that you studied, 

didn't the allegation of -- well, the identification with the 

black vote or with the block vote, as it is called in adver- 

tisements, sometimes doesn't that generally take place in a 

runoff election? 

A Yes. The tendency was and this is in the perception 

part of the tendency was that several candidates would run in 

the first race which two of them would end up in a runoff. 

462 

% 4 

        
 



  

266 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

ep 03   

2 Since the election we are talking about requires a majority, 

3 at which time, in the case of Joe Langan, in particular, his 

4 opposition would publish in the newspapers results of various 

5 black wards showing that Mr. Langan got a disproportionately 

6 large percentage of the black votes and thus identifying him 

7 with the black vote and the strategy would be the reaction 

8 from the white community to offset the votes Mr. Langan was 

9 expected to get from the black area and the perception part 

10 came, of course, from the opposition that published this. 

11 0 In Mr. Langan's case, didn't you find in here that 

12 in some cases the opponent would use the previous election | 

13 data against Mr. Langan the first time around? 

4 A No. I don't believe I did, Mr. Still. I don't 

15 recall that, if I 41d. 

16 Q It is just generally restricted then to runoff 

17 situations? 

18 A To my knowledge, the only advertisements of that 

19 type that appeared within the period of this desertation was 

20 in the runoff with Mr. Bailey and Mr. Langan in 1969. 

2 [IR All right. Was 1%69 a runoff with Mr. Bailey and | 

929 Langan, or was it just the first election? | 

93 || A Yes. It was not a runoff. I assume I used the 1965 | 

24 data. 

95 0 All right. Now, about page seventy of the desertatign 
        
 



  

267 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
464 

    

you began talking about some black candidates who have run 

3 for election? 

4 A Yes, I do. 

5 Q Which black candidates did you study? | 

A The 1966 race of Dr. Russell who, I believe, was a 

candidate for the Mobile County School Board and then, I 

believe, the election of Mr. -- that Mr. Montgomery and 

Mr. Bell contested, which was a special legislative race in 

1969. You might prompt my memory. Did I do the one on 

the Jacobs race in the desertation? 

{5 8) I don't see it mentioned. | 

ha I don't believe I did. Okay. | 

Q All right. Now, what conclusions did you draw about 

the chance of a black person being elected at an at large 

election? 

A I don't know that I came to that conclusion. None 

of these three candidates were successful. 

n Did you run any sort of an analysis about the votes 

that they received in various wards? 

A They received substantially more vote in the black 

area than they did in the white. 

0 Would you look at page seventy-two, please? 

You have a statement there, ''In fact, the percentage 

of vote for Russell in each ward corresponded closely to 

        
 



  

2 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  
ls 1 465 : 

1 

2 the percentage of negro voters in that ward." 

3 Is that a conclusion of your thesis? 

4 A Yes, it is. 

5 0 Would you think that that would indicate, at that 

6 time, a racially polarized voting situation? 

7 A I think it indicates, in that particular race, that 

8 Russell did substantially better in the black area than he 

9 did in the white. 

10 Q All right. Does it indicate to you, considering 

11 the percentage of vote that he got in comparison to the 

12 percentage of black in each ward, that he was receiving | 

13 substantially negro votes and no others? 

14 A He was receiving substantially negro votes. 1 am 

15 not for sure I can come up with a cause and effect on the 

16 statistics. I was not in Mobile at the time. 

17 Q All right. Would the Clerk hand the witness 

18 Plaintiff's Exhibit number 53, please? 

19 Would you look at, please, the top of the first 

20 page at the results of the City Commission races and this | 

21 Exhibit has been previously explained to us and I believe 

99 you were here, at the time, that the top half of the first 

23 page includes the Pearsons R, that is the product moment 

94 correlation coefficients run by you for each one of these 

legislative races ~-- excuse me, City Commission races for 

        
 



269 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

24 

25 

groups holdimg race constant, as we say? 

A Yes. I compared the low income white groups with the 

higher income white groups. 

THE COURT: 

There seems to be some of your notes in this Exhibit, 

Hand them to him, Mr. law clerk. 

MR. ‘STILL: 

All right, excuse me. 

0 Does this table show only the difference between low 

white and high white? 

A Yeg, I believe so. 

473 
cee teeter eset Sete e— 

0 All right. Is it possible to compute, from the table 

beginning at page one hundred and twenty, the difference 

between the low black and the low mid-black? 

A Yes. 

0 | All it would be is a subtraction effort, wouldn't iti 

A Yes. 

MR. STILL: 

Your Honor, I would like to show the witness -- we 

are running out of space to tack it up on the board over there 

This is Plaintiff's Exhibit number 56. Take a look at that 

for a moment. 

All right. Plaintiff's Exhibit 56 is a chart showing 

the differences between -- in the case of the dotted red line y 

        
 



  

2 
FEDERAL STENOCRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

— PCIE L474 
  

2 showing the differences between the low income black and the 

8 low income white who voted for the winner. 

4 In other words, that would be the same as the first 

5 column labelled "Difference' on page one hundred and twenty, 

6 || wouldn't it be, Dr. Voyles? 

71 LA Yes. 

8a All right. Now, the solid red line shows the 

9 difference between lower middle income blacks and whites, the 

10 percentage voting for the winner, and I believe that would 

11 correspond with the last column on page one hundred and 

12 twenty marked difference, wouldn't it? | 

13 A Yes, sir. 

14 Q All right. Now, the black lines are then computed 

15 from the material that you have on this table and the differences 

16 are not specifically shown, but the dotted black line shows 

17 the difference between lower income blacks and lower middle 

18 income blacks that would be comparing the column ~-- those 

19 respective columns and taking the difference between them and 

20 the solid black lines show the same thing for whites, which | 

21 would then take the columns labelled lower white and lower | 

22 middle white and take a difference between them. 

23 Now, looking at this chart, don't we generally see 

24 that the difference between racial groups -- no, excuse me. 

25 The difference between income groups remains fairly low from 
        
 



27% 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

2 1961 on, whereas it was much higher in the fifties? 

3 A Yes, it is. 

4 Q Doesn't the chart also show that the difference 

5 between the racial groups was about the same as the difference | 

6 | between income groups in the fifties, but that it got much 

7 higher into the thirty to forty percent range in the sixties; 

8 isn't that correct? 

g [lA Yes. That is what it shows. 

10 ||Q All right. Now, would you conclude from looking at ] 

| 11 || this Exhibit which, of course, is based on the table in your 1 

12 || thesis that over the time from 1953 to '69, which is a period 

13 covered by your thesis, that the income of the voter has bcos | 

14 less important in explaining the difference in turn out than 

15 || the race of the voter has? 

16 ||A Actually, we are not talking about turn out. We are 

17 talking about..... 

| 18 IQ Excuse me, voting for the winners, I am sorry. 

9 [A Yes. Ve are limiting that up to and including 1969. 

90 ||That is true. 

Q All right. Your Homor, this chart includes some 

| data from 1973 that was also presented to us by the Defendants. 

We will present this in evidence at a later time 

once we have gotten that material in. 

MR. ARENDALL: 

        
 



  

272 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ‘ALABAMA 

  

ett GL 
  

ee 

2 Q In any event, that was not done in your desertation 

3 nor has it been done in Dr. Schlichting's regression theory? 

4 A No, and going further than that, it cannot be done 

5 at this point. It would have to be done at the time of the 

6 campaign while it was going on. 

7 Q While your desertation indicates a very high Pearson|s 

8 "R" in the Langan 1969 race, did you make a sufficient 

9 additional study to form a conclusion as to what actually 

10 cost him the election? 

11 A Yes. I made some comments on that in the desertationmn. | 

12 0 Would you express those to us? 

13 A Well, I think the obvious thing that happened to 

14 Mr. Langan in 1969 was the boycott in the black area and 

15 perhaps the impact of the hurricane Camille, but for whatever 

16 factor, the fact that blacks did not turn: out in large 

17 numbers -- to give you some figures about that, in wards 

18 ten, eleven, twenty-two and twenty-three, Mr. Langan received | 

19 sixteen hundred and ninety-two fewer votes than in 1965. That 

20 is fewer in 1969 than he did in 1965. 

91 In wards three, twenty and thirty-two, Langan | 

99 received three hundred and sixty-six votes fewer in 1969 than | 

25 he did in 1965, yet his percentage of vote that he got from 

vt the black area was roughly the same as what he received in 

1965; that is, he received most of it. 

          
 



273 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

488 
  

black for another type of ward. 

So, there is -- that would be forty percent black or 

a forty-five percent gap in there? 

A Yes, 

Q We are not talking about smaller increments of 

vote, escuing the diagram in some way showing a smaller 

relationship or near perfect relationship on the basis of 

that? 

A Yes. We had a pretty good gap in them. 

0 Forty-five percent is a pretty good gap when we are 

talking about a hundred percent universe, aren't we? 

A Yes. 

Q Now, the thesis you were testing -- the hypothesis 

you were testing in this thesis was that black voting power 

in the City of Mobile had decreased during the period under 

study. 

Now, you found that to be true, didn't you? 

A Yes. If you are going to -- yes, okay. How are 

you going to define voting power in what you are saying? 

Q Now, cause and effect is not shown, as you said? 

A No, not by the statistical work. 

Q All right. Do you have your thesis there in front 

of you? 

         



  

274 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

489 
    

A 

Q 

A 

Ve
) 

Po
 

L
O
 

2+ SeNLeNCC eww. +s 

THE COURT: 

MR. STILL: 

THE COURT: 

MR. STILL: 

mathematical models that determine the degree of association 

between given variables." 

or the obvious things like shoe size and reading ability, if 

we are really trying to test something, doesn't that degree 

of association shown by Pearson's R actually shows us that 

Look at page twenty-nine, please. 

Okay. 

Now, toward the bottom third of the page there is 

What page? 

Twenty-nine, your Honor. 

All ‘righr. 

That reads: ''Product moment correlations are 

Yes. 

Now, you used the term there, ''degree of association" 

Yes. 

Instead of cause and effect? 

Yes. 

Now, once you have shown a degree of association 

between two factors and we have ruled out the obvious anomalies, 

        
   



215 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
490 

  

24 

25 

the two factors are associated in some way; isn't that 

correct? 

A Yes. It shows association. What it does not show 

is the reason for this association. 

Q Right. And we can, once we have shown the associatig 

between childrens' shoe sizes and their reading ability, once 

we have shown there is that correlation, then we can look at 

it with our own intelligence and say, well, of course, there 

is cause, they are ‘both related to age; isn't that correct? 

A Surely. 

Q When we are dealing with elections, I believe you 

said you were replicating a study that had been made in 

Atlanta trying to determine the impact of race and income on 

voting within the City of Atlanta and, in this case, you did 

it for the City of Mobile and there are other studies for 

other areas, aren't there? | 

A Yes, there are. 

Q After we have this statistical measure called 

Pearson's R we can then look at it with our- own human 

intelligence to determine whether or not it means anything; 

isn't that correct? 

A Yes. 

Q And in writing your thesis you looked at the 

Pearson's R that you got and you determined that black voting 

nm 

        
 



    

276 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

491 
  

24 

25 

power had decreased during the period under study, didn't 

you? 

A Yes, I did. 

MR. STILL: 

All right. That's all the questions that I have. 

MR. ARENDALL: 

Judge, I overlooked asking one brief question. 

THE COURT: 

All right. 

RECROSS EXAMINATION 
  

BY MR. ARENDALL: 

Q If you would, please, turn, Dr. Voyles, to page 

one hundred of your desertation right up at the top. You are 

referring there to the Langan election in 1969 and you have a 

cause that says; "He did not carry a majority in any ward 

(or group) that was predominantly white.". 

Now, should not the words "Any ward'' and then the 

or before the group be deleted and should not the clause 

correctly say, '"He did not carry a majority of any group that 

was predominantly white''? 

A Yes. That is correct. I am surprised they didn't 

catch that. 

Q In the election in which Mr. Langan was defeated, 
        
 



  

217 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

495 
  

THE COURT: 

When we use voting power, we have to use in conte t 

with different things, don't we? 

A Yes. 

THE COURT: 

That is one of the problems we run into with statis- 

tics. Go ahead. 

MR. “STILL: 

That's all the questions I have, your Honor. 

THE COURT: 

All right. Who is your next witness. 

MR. STILL: 

We call Dr. Charles Cotrell. 

CHARLES COTRELL 
  

the witness, called on behalf of the Plaintiffs and 

after having first been duly sworn to tell the truth, the whol 

truth, and nothing but the truth, took the stand and testified 

as follows: 

DIRECT EXAMINATION 
  

BY MR, STILL: 

Q May it please the Court, this is Dr. Charles L. 

Cotrell. He lives at 210 King William Street, San Antonio, 

: 

e 

       



    

278 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

498 
  

24 

25 

the present case, but we will take them up at the time we 

get to them. 

Now, Dr. Cotrell, what background work have you done 

here in the City of Mobile to prepare yourself for the testi- 

mony in this case? 

A I examined Dr. Voyles's thesis. I examined the 

work done by the two statisticians hired by the Plaintiffs. 

I undertook fairly extensive interviews with politically 

active persons in Mobile City politics and Mobile County and 

schoolboard politics. 

I read newspaper articles on Mobile politics and 

visited Mobile, for these purposes, personally three times 

for period roughly of ten or twelve days. 

Q Now, what does the term ''voting dilution' mean to 

you as a political scientist? 

A Voting dilution means the cancelling or submergeance 

of a voting group, an identifiable group of voters. It is 

usually used in association with at large elections. That 

is the context within which I have used the term and have 

seen it used. It SeriRirs that a number of factors have 

come to play, some historical and some current have converged 

to bring about an effect which basically, as it were, freezes 

permanently or makes it sizaiticantly difficult for a parti- 

cular group to express their preferences. 

          
 



279 

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

= 499 
1 

g It is associated with a very important dynamic, 

3 that is of racial polarized voting, in a context where race 

4 has shown to be manifest in elections or in a -- in a context 

5 wherein race can become manifest in the elections. 

6 In the particular electoral structure of at large 

7 elections in the context of the dynamics of racially 

8 polarized voting, racial dilution occurs when, for example, 

9 one racial group of a minority numerically or possibly have 

10 a majority numerically, but still, in a voting minority 

11 faces, in the sense, we could say the hostility of a white 

12 majority or a black majority, but faces hostility of a 

13 voting majority which basically controls the entire electoral 

| 14 -- election and so on. 

15 So, the dilution occurs when the preference of the 

16 minority numerical or the minority occurs when the preferences 

lf are no longer registered in the system. In other words, 

18 the votes could be cast time and time again, but to no 

19 avail. 

20 Now, there are other factors which have been found 

21 in behavior in law, but that is the basic dilution notion. 

| 29 Q All right. Now, what data from Mobile did you 

23 examine to decide whether or not voting dilution of black 

24 voting strength exists in Mobile City? 

05 A I examined correlations that were presented to this 
        
 



  

280 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

500 
    

2 Court. I interviewed some eighteen to twenty individuals. 

3 I heard testimony in this Court for the past two days. 

4 I examined what can be called racial campaign appeals and 

5 I also examined, as I suggested to you, Dr. Voyles's thesis 

6 which has been introduced as evidence into this Court. 

7 Q From this evidence, what is your opinion what is 

8 your opinion about whether or not voting dilution of black 

9 voting power exists in Mobile? 

10 MR. ARENDALL: 

11 Just a minute. Objection to that. I do not 

12 consider that he has stated the facts on which an opinion 

13 can be based. 

14 THE COURT: 

15 Well, he is giving a political science view of 

16 what dilution is. That is not necessarily the Court's 

17 definition of what dilution is, but to develop his thesis 

18 or his point, I will let him testify. 

i | ¥MB.STIIL, 

20 Have you reached a conclusion? 

21 A Yes, I have. 

99 It is my opinion that black voting strength in 

93 Mobile has been diluted and the black voting strength is 

94 thereby basically cancelled or negated in the at large 

25 structure in the Mobile City elections. 

        
 



231 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

Dr. Schlichting's testimony; is that correct? 

A Since approximately one-fifteen on Monday. 

Q All right. James Buskey and some other witnesses 

that we have had have suggested that lower black voter 

turn out in elections is a residual effect on past 

discrimination. 

Do you feel that you have sufficient evidence to 

draw that same conclusion here for the City of Mobile? 

A I would like to look at more data before I would 

reach the conclusion that it is simply the residual effect 

that causes low black participation or low voter turn out. 

We do, however, have some evidence and I would, among the 

explanations, lean toward a residual -- the residual impact 

of exclusionary laws in the past. 

We have evidence which shows up to 1965 that there 

was a fairly massive differential in voter registration and 

this doesn't necessarily mean turn out, but it is an 

indicatory. 

Secondly, I believe Plaintiffs have introduced some 

contrast between predominantly white and predominantly black 

wards and turn out in the seventies. 

The imterviewees all estimate that the turn out is 

lower. So, I think we have some basis to reach a tentative 

conclusion that there is a differential between black and 

Un
 

Ww
 

        
 



    

282 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

504 - 
  

24 

25 

white turn out. 

As to the residual question, it seems to me that 

political science offers us, I should say, three possible 

explanations. One of them would be that black voter turn 

out would be the result of past electoral structures. Ira 

Sharshansky (sic) in his book on regionalism in America, 

Kenneth Vines -- I am sorry, Jacobs and Vines and their 

book on American State Politics, suggest that electoral 

structures do, indeed, have a real impact upon participation 

rates and if a group of citizens have been excluded 

historically, I think we can reasonably expect that legacy 

of exclusion to hang on, as it were, as a residual effect 

in terms of their voter turn out. That is one explanation 

and that is the explanation to which I lean. 

Q What are the other explanations? 

A A second explanation would simply be that black 

voters in Mobile, as blacks are apathetic, something 

indigenous in the group. I don't believe I would honor this 

as a political science explanation. It gets into the 

national character studies that have been fairly discredited 

and yet a third explanation would suggest that it is in the 

anals of voting behavior literature a third explanation 

would suggest that lower income people turn out less and tha 

          
 



  

283 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

there is an overlap between black voters and lower income 

people. 

Of course, we had testimony yesterday which showed 

that in spite of the economic levels, as it were represented 

in Dr. Voyles's thesis, the differential between white and 

black voters and turn out in the sixties maintained. Thus 

I would return to my original point, the residual explana- 

tion seems to have credence. 

Q All right. Let's go back over a couple of these 

points for a moment. As regards the second point, you said 

it might be something indigenous in the black character and 

then you said that deals with the national character studies 

which have been pretty well discredited? 

A Well, let me elaborate on that. I don't want to 

make this a vowel, but it could be a possible explanation, 

as I see it. During the thirties and forties a number of 

studies were contrived concerning the authoritorian or 

regimenting might of the German people, tracing it back to 

some pression regimentation in the nineteenth century. To 

impute to a group, a racial group to an ethnic group or to 

impute to a national group characteristics such as in the 

area of the country that I am from, Mexican-Americans are 

simply lazy, is dangerous stereo-typing and I don't see any 

evidence which suggests that there is anything indigenous 

      
  

 



    

284 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
506 

    

in black voters in Mobile as a group that they would suggest 

that they don't turn out. 

Q All right. Now, have you examined any evidence or 

conducted any interviews about the difference between voter 

turn out and multi-member elections or at large elections 

and single member district elections which we have here for 

the legislature? 

A Well, I have, in the context of San Antonio, one 

piece of evidence we have here appears to be the high degree 

of black voter turn out in the single member district, 

House district ninety-nine; that is John LeFlore's old seat, 

wherein, I believe, six candidates offered themselves for 

office and there seemed to be a response among black voters 

to that number of candidates and to the possibility of 

electing a black to -- or a person from that district to the 

legislature. 

I have also compared, I would say this very briefly, 

I have also compared the effects of the same phenomenon in 

the Bear County, Texas, the original authority in the White 

decision. 

MR. ARENDALL: 

Just a minute. 

THE COURT: 

We are not going into what you found out there. You 

        
 



  

235 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
507 

  

24 

25 

may use the basis of any studies you made in drawing 

conelusions and facts you have found in this one. I would 

suggest you do not interject those other cases into it. 

MR. STILL: 

You have heard testimony in this Courtroom from 

several persons saying that black people generally have not 

run for at large elections, because they felt that they did 

not have sufficient voting power to win them and I believe 

Mr. Buskey testified that he would not runin an at large 

election, because he could not win such an election. 

Have you been able to gather any sort or make any 

sort of conclusion on the basis of the testimony that you 

have heard here, the interviews that you had on the other 

evidence that you looked at as to the participation as 

candidates by blacks .in an at large election system versus 

a single member district system? 

A The political science language for this would be 

the recruitment of candidates and based on the testimony I 

have heard, and based on the interview sources, I would have 

to conclude that black voters -- black candidates would 

basically -- potential candidates would be discouraged from 

running in at large situations and the view expressed to 

me and in this Courtroom is that there is a high probability 

that we won't win or it is impossible or, as one person 

        
 



    

286 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
508 

  

said, suicide, in the at large structure and the way in 

which this would be talked about would be a certain 

discouragement in the incentive to offer one's self or 

through association gather about political followers and 

hence run for office. So, my opinion would be that a 

discouragement factor is at work. 

Q All right. You have heard the question that his 

Honor asked the previous witness this morning about the 

voting power of blacks between the time that they are 

thirty percent or so of the electorate, and the time that 

they are fifty percent of the electorate. 

Do you agree with the conclusion that Dr. Voyles 

reached that as long as racial polarization occurs that 

blacks will not be able to win at large elections? 

A Yes, I do. I would like to comment on that, if I 

might. 

Q Go ahead. 

A Judge Pittman formulated the hypothesis, the hypother 

tical in a way in which we can ill afford to ignore. He 

suggested that in the hypothesis that as black voters in this 

thirty-five percent population figure gained strength in 

Mobile there is a tendency or potential to react among -- 

apparently to react to that, as it were, as a threat. So, 

he concluded the logical conclusion would be that until 

    
  

      
 



  

287 

    

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

209 
1 

2 blacks were in the majority in the at large structure you 

3 really couldn't expect their preferences to be registered 

4 equitably. 

5 I think that goes to a very realistic view of this 

6 particular rank or percentage rank of black population in 

7 Mobile and I would add one thing to it. It is quite 

8 possible that that could be expressed, that resistance, 

9 as it were, to black, increased black voter registration, 

10 could be expressed in a manifest way or it could in public 

11 opinion terms remain latent, as it were. We wouldn't know 

12 about the existence or possibly existence of racial 

13 campaigning and appeals to it until a black candidate 

14 basically a qualified candidate offers himself for office 

15 and, in this context, I think we would be back to our 

16 probability of failure of success in the at large context. 

17 It is a very crucial way, it seems to me, to understand 

18 dilution in the Mobile context. 

19 Q All right. Now, that deals with black candidates running 

20 for election. 

21 What about the situation where it is not a black 

29 candidate running for office, but it is a white candidate 

23 supported by the blacks. Can the blacks occupy a pivotal 

24 position thereby enhancing their voting power in the present 

95 system? 
        
 



    

288 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

24 

25 

[£2
] A Well, Dr. Voyles's thesis and this testimony suggest 

that the black identification -- identification with black 

voters, as he calls it, is a kiss of death. I think dilution 

works whether or not there would be a black candidate or 

a white candidate openly and closely associated with the 

black interests. We had a very esteemed citizen of Mobile 

yesterday in the Courtroom, Mr. Joe Langan, and I think his 

case and his election in 1969 speaks to that point. 

Indeed, in terms of the pivotal vote notion or 

voting power, as Judge Pittman framed it..... 

THE COURT: 

I was using a term that the witness used. I was 

trying to clarify what he meant by voting power. 

A Well, let's stay with counsel's use of voting 

power or the witness's use, as a term. What this means is 

a white candidate would have to approach the black community), 

as it were, looking over his or her shoulder and hoping not 

to evoke any kind of intents or close identity or racial 

identity that would, in turn, cause what we would loosely 

call a back lash among white voters. That formulation, 

it seems to me in both the terms of discrediting the pivotal 

vote notion and also in terms of this increasing voter 

registration related to racial polarization is a very 

          
 



  

289 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

oll 

2 inciteful way to look at this, the Mobile situation. 

3 THE COURT: 

4 Now, I am not exactly sure just what you said. Do 

5 I understand you to say that it is dangerous to look at the 

6 increase of black voting power as minimizing their effect, 

7 just because it increases backlash or are you saying something 

8 else? 

9 A No. We had two parts of it, your Honor, two parts 

10 of the analysis, and what I am suggesting is that sort of 

11 a vicious Catch-22, as you might hypothesize on, could occur 

12 if racial polarization would indeed increase as blacks 

13 become a voting threat. 

5 If I understood you correctly, you are saying that 

§
 racial polarization may increase, but it does mot necessarily 

decrease their power, because they have some power on the 

necessity of other people to seek their votes? 

15 A No. That is the second point I was addressing. I 

20 suggest their power is debilitated in the sense we use 

o1 power. 

THE COURT: 

I understand. 

A Because of the racial context within which they must 

  

        
 



    

290 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

512 
  

be approached as a voting group. 

THE COURT: 

What was the danger? I understood you to say that 

there was some danger in viewing that. 

A Here is the danger, your Honor. It seems to me, as 

far as equitable or equal black voting strength, we have 

seen introduced into evidence here the newspapers and other 

ads that show black wards with '"x's'" through them and to 

be saddled with that black vote, to openly court the black 

vote and black interest, could indeed be very problematic 

for a candidate. He must approach them looking over his 

shoulder to see how that reaction is received by the white 

voters and that is the very mechanism of racially polarized 

voting or the potential of racially polarized voting that 

causes the problem in dilution. 

Q In other words, you agree with Dr. Voyles's statement 

that it is a kiss of death to be associated with the black 

vote? 

A Yes, I do. 

Q For a white politician? 

A Yes, 1 do. 

0 Now, all of this hypothesis has been based on the 

idea that there is and will continue to be racial polarizatig 

Now, have you found, from the evidence presented in 

DI 

        
 



    

FEDERAL STENGCRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

313 
  

24 

25 

this case, particularly the computer analyses, the regression 

analyses, that there is a racial polarization of voters 

within the City of Mobile? 

A Yes. I have found that to be the case. 

Q Do you find that it is diminishing, at the present 

time, or increasing or staying about the same? 

A I wouldn't respond to the question in terms of 

more Or less or whatever. I would suggest to you that racially 

polarized voting exists, that it may be difficult to determine 

fully that that exists in the '73 elections, although you do 

have some correlations. The interviews suggested that 

neither of the candidates in the Greenough -Bailey race 

were particularly favored by a great numbers of black voters, 

that is, identified with black voters. This was the interview 

source and I guess more importantly the notion of race 

still seems to be here and it seems that quite possibly it 

could be evoked as an open issue, unfortunately, in 1976 as 

it was in 1969 in terms of the racial campaign ads. Indeed, 

testimony suggest that it was evoked in 1974. So, racial 

polarization still persists in the seventies, in my opinion. 

MR.. STILL: 

Thank you. That's all the questions I have. 

MR. ARENDALL: 

Your Honor, give me about five minutes to look over 

       



292 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  
539 

1 

2 MR. ARENDALL: 

3 Q Dr. Cotrell, did I understand you to say awhile ago 

4 that you purported to find some racial polarization in 1973 

5 election for the City Commission? 

6 A I would have to see the correlations on the 

7 Greenough - Bailey race, but I believe the correlations -- 

8 I am not sure whether it was statistically significant or 

9 not. 

10 Q Well, I thought you based your opinion on having 

11 seen the correlations. I want to call your attention to the 

12 fact that it was thirty-five -- the R square was thirty-five 

13 and that is well under the trash range,isn't it? 

14 A Well, I also suggested to you to verify that the 

15 interview sources suggested that Greenough and Bailey, unlike 

16 a person like Langan, were not overly identified in the black 

17 community as representing black interests. 

18 Q Do I understand you to say that black candidates or 

1 some white candidates have shunned the black vote? 

20 A No. I said white candidates in the context of racially 

3 polarized voting would probably have to approach a voter 

5 group like a black voting group in Mobile very cautiously 

54 and their approach and their strategies would have to avoid 

3] what Dr. Voyles had described as the kiss of death. 

Q And can you give me any camdidate for City Commission 

       



  

293 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

240 
  

24 

25 

in recent years that have shunned the black vote? 

A I wouldn't be qualified to suggest that this candidat 

or that candidate in the closeness of a campaign headquarters 

developed the strategy or that. I am simply suggesting that 

that is an explanation of the way campaigns are waged, 

recognizing that the black voters might make as much as 

twenty-five or thirty percent of the electorate. 

MR. ARENDALL: 

No further questions. 

THE COURT: 

You may examine him. 

REDIRECT EXAMINATION 
  

BY MR. ‘STILL: 

Q Dr. Cotrell, I have a couple of questions, please. 

Would the Clerk hand Plaintiff's Exhibit number 4 to 

the witness, please. 

THE COURT: 

Before you do that, let's take about a fifteen 

minute break. 

(RECESS) 

THE COURT: 

All right." Mr..Still, 

MR. STILL: 

e 

        
 



  

294 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

547 
  

  

MR. MENEFEE: 

Mr. Sylvester Williams. 

SYLVESTER WILLIAMS 
  

the witness, called on behalf of the Plaintiffs, and 

after having first been duly sworn to tell the truth, the 

whole truth, and nothing but the truth, took the stand and 

testified as follows: 

DIRECT EXAMINATION 
  

BY MR. MENEFEE: 

Q This is Mr. Sylvester Williams, forty-eight years 

old and lives at 350 Adams Street, Mobile. He was born 

in Dallas County and lived in Mobile County since 1940. 

Finished the third grade. He is on a labor committee and 

a civil rights committee for the non-partisan voters 

league. 

He is treasurer of the shipbuilders union and works 

at Alabama Dry Dock and Shipbuilding Company. 

Is that correct, Mr. Williams? 

A That's right. 

Q Mr. Williams, how long have you been associated 

with the non-partisan voters league? 

A Since 1960, around 1960. 

      
  

  
 



  

295 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

(vy
) 

  

Q And when were you registered to vote in Mobile? 

A In the late sixties. 

Q Prior to that time, had you attempted to register 

to vote? 

A Yes, I did. 

Q About how many times? 

A About six or seven times. 

MR. ARENDALL: 

I object, if your Honor please. I think we have gon; 

into past discrimination. 

THE COURT: 

Well, I have told them that since 1950 that there 

was a stipulation up until 1950, but I have told them that 

since that time -- that is as far as the stipulation went. 

Go ahead. 

MR. MENEFEE: 

I am sorry. About how many times did you try to 

register? 

A About six or seven times. 

Q Would you describe some of those efforts? Did you 

go down with other people? 

A Well, we went down with other peoples, Moss Johnson 

and several others, but we couldn't make it. 

Q Were you allowed to take the test? 

Ww
 

! 4 

       



    

296 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

249 
  

24 

25 

A Well, we tried to take the test, but we never could 

pass. 

Q What sort of questions were they asking you; do 

you remember? 

A Well, it has been a pretty good while ago and it 

is hard to remember. 

THE COURT: 

Was this prior to the voting rights act of 1964 or 

¥852 

A Yes, sir. 

THE COURT: 

I will take judicial knowledge that the board of 

registrars presented me with a list of questions prepared 

and I couldn't answer some of them. They called me and 

asked me what were they to do with them -- not what they 

could do with them, but did I know the answers and to some 

of them I didn't. 

MR. MENEFEE: 

This Mr. Moss Johnson you mentioned, was he active 

in the area in trying to encourage blacks to register to 

vote? 

A Yes, he was. 

Q How did he go about his operation? 

A © Well, he would -- he was working at the yard there 
        
 



    

297 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

and he would ask them, you know, to take them down to get 

them registered or to vote. 

Q Would he take a bunch of his co-workers? 

A Yes, sir. 

Q Was he very successful in this effort? 

A Well, he was taken down there, but he wasn't 

successful. 

Q He kept trying? 

A Yes ‘sir: 

Q Vhat was ....... 

MR. ARENDALL: 

What time frame? 

THE COURT: 

Yes, give us the time. 

MR. MENEFEE: 

Could you give me some estimate on this time? 

THE COURT: 

Within a period of time -- did the six times 

occur between what years? 

A I believe this was in the fifties, I believe. 

MR. MENEFEE: 

Did they extend into the sixties? Did you attempt 

to register in the early sixties? 

A We tried it in 1960, but we wasn't successful until 
       



    

298 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

351 
  

24 

25 

after the voting rights act passed. 

Q Okay. 

THE COURT: 

When was the first time ‘and when was the last time? 

A I believe it was the early sixties, I believe, the 

last time. 

THE COURT: 

And the first time? 

A As close as I can get to it, I believe somewhere 

in the late fifties. 

THE COURT: 

All right. 

MR. MENEFEE: 

Q Since you have been registered to vote, have you 

regularly voted? 

A Yes, sir. Since I have become a qualified voter 

I have missed one time voting. 

Q When was that? 

A This Past coe. sie 

THE COURT 

I don't think that is necessary. 

A This past May. 

THE COURT: 

Let's get on to more meaningful things. 

        
 



299 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  = HE Le be 
1 

2 Do you remember demonstrations in front of City Hall 

3 one time in which Mr. Langan, I believe, came out? 

4 A Yes. Mr. Langan. 

5 Q What action did Mr. Langan take, at that time? 

6 A Mr. Langan come out there and asked them what did 

7 they want and broke it up and told them whatever they wanted 

8 or whatever problems they had to come down to City Hall and 

9 see them and he would get together with them and work their 

10 problem out. 

11 || THE COURT: 

12 Again, I express reluctance about cutting off a line 

13 of questioning, but I think this area is fairly well 

14 established and nobody really disputes what happened. If it 

15 comes up, I will let you offer it later. 

Just in the interest of moving this case along in 
16 

17 the areas where there seems to be no great dispute, let's don't 

is whip it to death. 

i MR. MENEFEE: 

5 Over the years, the non-partisan voters league has 

1 endorsed a fair number of candidates; is that correct? 

5s A That is correct. 

5 Q How do you go about this process candidates come in 

and are interviewed? Do you endorse a candidate in every race? 
24 

A Well, most of it. 
25 
        
 



  

300 

  

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
556 

_ : - 

2 2i=q How do you make a decision? Suppose you have two 

3 || candidates of which are very attractive, very good? 

4 A Well, we have what they call a screening committee, 

5 and the screening committee talks to them and the screening 

| 6 committee will make a recommendation back to the membership 

] 7 and what candidate they choose they are what they call picking 

8 the lesser evil. 

| 9 Q Are you often faced with this situation of picking the 

10 lesser of the evils? 

11 A That's right, pick the lesser evil. 

12 Q Do you think all of the candidates endorsed by the 

13 non-partisan voters league that have been elected have treated 

14 blacks fairly? 

15 (|A No. 

16 Q Why do you think they may not have treated you fairly? 

17 IIA Well, in one way, seeing that the County hasn't. 

18 Q Why do you think they don't treat you fairly? 

19 A While the County come in the black community and 

90 ||Promise they are going to do this for them and they give the 

91 blacks red dirt and oyster shells on the roads. 

99 Q Let's see, you were a close associate of Mr. John 

,3 ||LeFlore, I believe? 

> A Yes, sir. 

25 Q Do you know if Mr. LeFlore had, over the years in behalf 

        
 



ol 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

351 

1 

9 of the non-partisan voters league, written police commissoner 

3 Doyle about problems many times? 

4 A Well, he had written to Mr. Doyle numerous of times. 

5 Q What was the feeling of you and John LeFlore and 

6 members of the non-partisan voters league about the response? 

: MR. ARENDALL: 

2 If your Honor please, he is being asked to testify 

9 to mental attitudes of a dead man and others and I object to 

the question. | 
10 

3 THE COURT: | 

5 No. What the black community, what their feeling 

about it is, and he is familiar with it and his own and I 
13 

will let him testify to it. 
14 

A Well, Mr. LeFlore, he wrote to Mr. Doyle several times 
15 

ANG es ies 
16 

|| THE COURT: 
17 

They didn't ask for details. The question was, what 
18 

was the feeling? 
19 

A We felt like Mr. Doyle didn't give, not only to 
20 

Mr. LeFlore, but to the black community, what this -- he 
21 

didn't give the black community good representation. 
22 

Q Do you remember reading or hearing of statements of 

23 

24 

25 

Mr. Doyle being tired of John LeFlore? 

A Yes, sir. I believe he said that on T.V. and also 

        
 



  

302 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

533 
1 

? LeFlore was -- I don't know whether he talked to Mr. Doyle 

3 on this particular incident, but I believe he was trying to 

4 get in touch with Mr. Doyle on this killing incident, this 

5 Cecil McMillan case. 

6 Q Mr. LeFlore had a good bit of difficulty in getting 

7 in touch with Mr. Doyle? 

8 A I would say he did. 

9 Q Mr. Mims is in charge of public works and oversees the 

10 garbage workers, I believe? 

11 A Right. 

12 Q Was the non-partisan voters league or you involved 

13 in this garbage strike? Did you follow that fairly closely? 

14 [A Well, some, we did. 

5 {0 And did you think that Mr. Mims was easy to get in 

16 || touch with and deal with on this matter? 

17 A Well, some of the people that worked for the City 

18 say he wasn't. 

19 Q Mr. Mims come into the black community very much? 

20 A Well, he come in there, like most politicians, when 

91 election time comes. 

29 Q Do you see much of him otherwise? 

95 A No. 

9 Q Do you think the City Commission generally treats 

25 
blacks fairly? 

        
   



303 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

264 
  

24 

25 

No. "> 

MR. ARENDALL: 

No further questions. 

MR. MENEFEE: 

That's all, your Honor. 

THE COURT: 

You may come down. 

Whom will you have next? 

MR. MENEFEE: 

Leonard Wyatt. 

LEONARD WYATT 
  

the witness, called on behalf of the Plaintiffs, and 

after having first been duly sworn to tell the truth, the 

whole truth, and nothing but the truth, took the stand and 

testified as follows: 

DIRECT EXAMINATION 
  

BY MR. MENEFEE: 

Q This is Mr. Leonard Wyatt, forty-three years old, 

lives at 473 West Creek Circle in Mobile. He is married and 

has three children. Attended Springhill College for three 

years. He was born in Mobile County and has lived here 

for the past twenty vears. He is in the real estate business, 
        
 



    
  

  
    

| FEDERAL STENGCRAPHIC REPORTERS 

| P.O. BOX 1971 
| MOBILE, ALABAMA 

565 1 
1 

2 a member of the Chamber of Commerce and board of directors 

3 of the Salvation Army. 

4 Is that a correct statement, Mr. Wyatt? 

| 5 A That is correct. 

| 6 Q Mr. Wyatt, would you tell the Court what your political 

| 7 experience amounts to? Were you a candidate this passed 

| 8 House ninety-nine election? 

9 A Xes, sir. 

10 Q Have you been active in other political campaigns? 

11 A Not as a candidate, but in support of candidates. 

12 Q In recent years, who were they? 

13 A I have not solicited. I have actively supported 

" people that ran for public office in terms of being in favor 

15 of their candidacy. 

1 Q I see. You have not worked, actively worked, then, 

0 in any other campaigns? 

i A No, sir. 

i Q Mr. Wyatt, why did you decide to run for vacant 

oh House ninety-nine seat? 

9 A I felt, first of all, the need to render some type 

2 of service to the community. I felt iminently qualified to 

n hold that position and that is basically it. 

2 Q Give me a ballpark figure of how much money your 

% campaign cost you.   
 



343 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
566 

  

24 

25 

A Approximately four thousand five hundred dollars. 

Q Were you able to go around the community and shake 

a lot of hands and pass out literature? 

A Yes, sir. 

Q Did you make the runoff? 

A No, sir. 

Q Why had you not sought political office prior to 

this, Mr. Wyatt? 

A I never envisioned the possibility of winning before. 

Q Did House ninety-nine present an attractive possibili 

for winning? 

A It prompted the possibility for winning, based on 

the fact it was confined to a district in which I lived and 

in which I could move freely and meet most of the people who 

would be voting. 

Q Mr. Wyatt, would you consider running for the Mobile 

City Commission in the present at large elections? 

A I doubt it. 

Q Why is that? 

A First of all, I would have to be realistic in terms 

of the cost factor, the probability of raising enough money 

to support that kind of campaign. 

The money would not probably be forthcoming and the 

other thing would be that generally these elections seem to 

        
 



    

306 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

267 
  

24 

25   

get wound up, some how, along racial lines and I would have 

to look at the numbers and kind of be overwhelmed by that. 

Q Okay, sir. Mr. Wyatt, do you have within the black 

community -- there are a number of organizations that endorse 

candidates such as the non-partisan voters league and the 

voters registration organization that are two of them. Can 

you give us your opinion on the influenceof the non-partisan 

voters league endorsement within the black community? 

A Of the non-partisan voters league? 

Q Yes. 

A I think they probably affect approximately twenty 

‘percent of the black community. I don't think they are as 

effective as they have been. I think their impact on 

elections is diminishing somewhat, but they do have some 

effect. 

Q And how about -- how are the other endorsing organiz- 

ations such as voters registration organization, are they 

very effective? 

A I have no idea. I only heard of the VRO when I 

was a candidate and happened to be interviewed by them. 

Q Mr. Wyatt, what sort of -- during your campaign, 

what sort of complaints and problems did the voters bring 

up with you? Did you hear many issues raised, community 

problems? 

      
 



307 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
572 

  

toward ten in terms of going out in the community or they 

were at the other extreme on being down, being very vocal 

against the people in that community, so that generally 

speaking people would have voted whether they had endorse- 

ments or not and those votes would have been lopsided. 

Q All right. You are telling us then that you think 

the lopsided vote in ward ten was the product of the indivi- 

dual choice of voters? 

A I am saying that the attitude of candidates when you 

talk about ward ten and that point in time I am saying the 

attitude of candidates toward candidates in the black 

community dictated, for the most part, how those people 

voted. 

Q Now, Mr. Wyatt, you have spent many hours in City 

Hall, haven't you? 

A Spent a few. 

Q You are in the real estate business, aren't you? 

A Yes, sir. That is correct. 

Q You have been down there on many zoning matters, 

haven't you? 

A A few. 

Q You have spent many hours with Mr. Mims and you have 

met with the other -- all three Commissioners, haven't you? 

A All three Commissioners. 

        
 



  

  
  

  

  

308 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

    

  

LE SRE I Ob eee i ere SR ee 573 

Q Never had any difficulty getting access to them, 

bearing in mind,of course, the fact that they have a few 

other things to do. 

You have ready access to the City officials, don't 

you? 

A Yes. 

MR. ARENDALL: 

No further questions. 

REDIRECT EXAMINATION 

BY MR. MENEFEE: 

Q Mr. Wyatt, Mr. Flannagan received the endorsement 

of the non-partisan voters league. Did it appear that he 

spent a good bit of money and waged an active campaign? 

Did he run a hard race? 

A He ran a race and spent a good deal of money, based 

on what he produced. I have no way of knowing that for 

sure. 

Q Does the fact that he ran so poorly against Mr. Buskey 

indicate anything about the strength of the non-partisan 

voters league endorsement? 

A I would think that there are more independent thinkers 

within the black community today than say in the past, which 

would have diminished their effectiveness. 

        
 



309 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

574 

1 

2 Q Mr. Wyatt, being in the real estate business, I 

3 suppose you have been around the City a good bit. 

4 Do you have an opinion as to whether or not black 

B neighborhoods that you have worked in receive less equal 

6 treatment in regard to municipal services than white 

7 || neighborhoods? 

8 A I would think that black neighborhoods have received 

9 less equal treatment than whites in terms of parks, playgrounds, 

10 recreational buildings and so forth. 

11 Q Mr. Wyatt, the access that you have had at City 

12 Hall, was that in regard to real estate matters or in regard 

13 to political matters? 

14 A Basically, in regard to real estate matters. 

15 MR. MENEFEE: 

16 No further questions. 

17 

18 RECROSS EXAMINATION 

19 BY MR. ARENDALL: 

20 Q Have you ever sought access to the City Commissioners 

21 on political matters? 

29 A I may have. I don't recall a specific thing. 

23 Q In any event, you can talk to them and nobody says 

24 

25 

that we can only talk about real estate matters; is that 

right? 
        
 



    

S10 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

A That is correct. 

Q If you want to go down there and discuss the 

presidential election or the local elections or a political 

problem you are satisfied you can speak to Mr. Mims and 

Mr. Doyle or Mr. Greenough, aren't you? 

A Sure. 

Q Now, you haven't really made any study to determine 

whether or not there is a reasonable basis for the location 

of the various parks, playgrounds and recreational buildings 

in Mobile? 

A No. I don't have to. Making a study would not be 

a thing I would normally do. Observation tells me a lot of 

things. Observation tells me, for example, that the park 

at Sage and Dauphin, for example, is an excellent place. 

Observation tells me that the park where Hank Aaron 

grew up and played as a boy at Hamilton and is willfully 

neglected. It tells me the park in Plateau, which was, 

in fact, given to the City by a member of the community is 

just now in the process of having something done. I don't 

have to make a study to determine what is being done for 

one community as to another. 

Q You mentioned Sage, Dauphin and the park at -- the 

Kidd Park in Plateau? 

575 

       



311 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

wh
 

w
 

  

24 

25 

Q Mr. Smith, have you ever been to any meeting at the 

City Hall? 

A No,. sir. 

Q Have you ever talked to any of the current City 

Commissioners? 

A Yes, I have. 

Q Which one? 

A I talked with Mr. Mims and I talked with Mr. Doyle. 

Q Is that down in their offices or where? 

A In their office. 

Q As a matter of fact, you saw Mr. Mims about some 

repairs to Bellsaw Avenue and it was patched after that, 

although it wasn't re-paved, at that time; isn't that right? 

A He directed me to the working committee or whatever 

they call it. 

Q So, you were able to see him when you wanted to 

see him? 

A Yes, I was. 

Q And the street got patched, didn't it? 

A That's: right. 

Q And you have talked with Mr. Doyle about police 

matters on occasion, haven't you? 

A Well, involved with myself. 

THE COURT: 

        
 



    

312 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
588 

  

24 

25   

took the stand and testified as follows: 

DIRECT EXAMINATION 
  

BY MR. BLACKSHER: 

Q State your name and address, please. 

A Dan Alexander, 3667 Claridge Road, North. 

Q And your present employment? 

A I am an attorney. 

Q And you are also presently a member of the board 

of school commissioners of Mobile County? 

A That's right. 

Q How long have you lived in Mobile County, 

Mr. Alexander? 

A All of my life. 

Q Would you describe briefly to the Court your 

involvement in politics in Mobile County? 

A I have been involved in politics for some time. 

I ran for office the first time in 1966 for the Democratic 

executive committee of Mobile County. 

I ran for delegate to the Democratic convention 

in 1968. 

I ran for the state legislature in 1970. I also 

in 1970 ran for re-election to the county executive 

committee in the State Democratic executive committee. 

      
    

 



343 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
392 

  

A In my particular campaigning? 

Q Yes. 

A Only in '74. 

Q And that was when you ran against Mrs. Gill? 

A That's right. Along with four others. 

Q And in your opinion does the presence of a black 

candidate in the race in and of itself inject the racial 

issue into the campaign? 

A Well, you know, to the point that a black in the 

race would normally be expected to get the majority of the 

black vote. 

Q To the extent of what, sir? 

A That you would normally expect the black candidate 

to get the majority of the black votes. 

Q And the white candidate would not normally expect 

to get much of the black vote, is that it? 

A That's correct. 

Q What about what opposition to the black candidate? 

Would the converse be true in terms of the majority of the 

white vote going to the white candidate? 

A I think that you can say that a white would be 

expected to get a majority of the white vote, yes. 

Q Would the Clerk show Mr. Alexander Exhibit 92. 

The Clerk is going to show you, Mr. Alexander, a 

        
 



14 
FEDERAL STENOGGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

393 
  

24 

25     

copy of the school board minutes which contain a statement 

by you concerning this most recent election where you were 

opposed by Mrs. Gill. 

BY THE COURT: 

Do you want this on the record? 

MR. BLACKSHER : 

No, sir. 

THE COURT: 

Let's go off the record. 

(OFF RECORD DISCUSSION) 

THE COURT: 

Back on the record. 

MR. BLACKSHER: 

Q On page twenty-three of the minutes you say these 

aren't the verbatim minutes of the meeting? 

A That's right. 

Q Regular meeting of the board of school commissioners, 

Mobile County. Held in the board room of the Barton Acamdemy 

Building on Wednesday, October 8th, 1975 at ten, A.M. 

On page twenty-three, Mr. Alexander made the followin 

comments. He thought it was hard to argue with the logic 

of having single member districts. That it was hard to argue 

with the logic of all the board members representing the 

same people County wide as opposed to each of the board 

   



315 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

24 

25 

members representing a smaller area. That obviously 

Kane Kennedy offered the bill because of the desire to have 

black representation on the board. The political realism 

was that a black presently would not win a county wide 

race in this county. 

You were on public record as taking that position? 

A If I might explain, Mr. Blacksher, the minutes of 

the school board, the verbatim minutes, or the verbatim 

tape of the school board is our official record. 

THE COURT: 

Is that essentially what you said, Mr. Alexander? 

A Yes, that is not a verbatim statement. 

Q ~ But that is substantially it? 

A That is substantially it. 

THE COURT: 

That is the views you expressed? 

A Yes. 

Q You still agree with those views? 

A Yes. 

Q Would you express a similar view with respect to 

black persons running in the City wide elections? 

A That they can't be elected City wide? 

Q Yes. 

A Of course, the proportion of blacks and whites was 
         



    

316 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
595 

  

24 

25 

  

considerably different in the City than it is in the County. 

Q How different is it? 

A I am not real sure. 

THE COURT: 

Assuming there is a thirty percent black voter 

representation as opposed to a seventy percent white 

representation in the City, what would be your opinion? 

THE WITNESS: 

It would be my opinion that the blacks would have 

difficulty winning in the City wide elections. 

Q And you have expressed the view that there is a 

need for a single member districts in the context of 

Mobile school board, is that correct? 

A I don't know whether I said there is a need, but I 

said I was not opposed to that view point. 

Q All right. Mr. Alexander, are you aware of the 

legislation that was passed in 1964 that set up a mayor 

council form of government that could be adopted by the 

City of Mobile and was put to the voters in 19737? 

A I am vaguely aware of it. I am not sure of those 

dates. 

Q Were you active in Mobile politics in 19647 

A To a very limited extent. I had one congressional 

race. 

        
 



337 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  602 
1 

2 A To the best of my ability, yes. 

3 Q What percentage of the school children in public 

4 schools of Mobile County are black? 

5 A I suspect forty-five percent at this time. 

6 Q Do you consider that there are in the normal 

7 voter's mind different considerations applicable to the 

8 question of for whom they shall vote in school board elections 

gi from those involved in that determination as to the 

10 person for whom they will vote in the City Commission 

11 elections? 

12 A I would think so. There is a lot more interest in 

13 a City Commission race than in a school board race. 

14 Q Normally, aren't the school board races fought out 

15 on claims of who is and who isn't very interested in 

16 school children and desirable of giving them good education 

17 and things of that sort? 

18 A Yes. 

19 Q And in City Commission races hasn't it been the 

20 practice over the years for various candidates to try to 

21 tout: themselves as good, experienced businessmen, successful 

929 in the management of enterprises and things of that sort? 

923 A Along with considerable other claims. 

2 MR. ARENDALL: 

No further questions. 

        
 



    

318 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

612 
  

24 

25 

DIRECT EXAMINATION 
  

BY MR. MENEFEE: 

Q This is Mr. John Randolph. He is sixty-one years 

old. He lives at 377 Bay Bridge Road in Magazine, Plateau 

area. He is married and has three children. He attended 

high school and received a diploma in air conditioning and 

refrigeration. Mr. Randolph has lived in Mobile County for 

fifty-seven years. He is the owner of Randolph Variety Store. 

He is a trustee for the First Hopefield Baptist Church. He 

is a third degree mason. 

A That's right. 

THE COURT: 

Is your residence in Mobile? 

A Yes, sir. 

MR. MENEFEE: 

Q Mr. Randolph, at the present time do you have a 

neighborhood civic club or organization? 

A Yes, we do. 

Q What is the name of your organization? 

A It's the Plateau Progressive Civic League. 

Q How long has that been in operation? 

A Approximately two years. 

Q I see. Prior to that, were there other organizations 

in the neighborhood that worked with civic problems? 

        
 



319 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

618 
  

24 

25 

  

of seven hundred feet or are there some instances where it 

is greater distances? 

THE WITNESS: 

Some instances is greater distances. 

THE COURT: 

Seven hundred feet is the smallest distance? I am 

trying to get a range of distances on the street that do not 

have fire hydrants available to them. 

THE WITNESS: 

I would say it averages around seven hundred feet. 

THE COURT: 

All right. Proceed. 

MR. MENEFEE: 

Q Mr. Randolph, I believe one time you mentioned some 

instances to me of drainage problems being so bad that 

it was washing bodies out of a neighborhood cemetary there, 

do you remember that? | 

A Yes, it has gotten that bad. 

Q Before you go on, would you tell me when this was 

occurring; if this was in the last couple of years that you 

had this type of problem? 

THE COURT: 

How long ago did that occur? 

THE WITNESS: 

        
 



    

320 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

on \o   

24 

25 

Oh, I would say within the last three years, I would 

say that. Between the last three years. The water that 

comes from the Plateau area crosses Bay Bridge and it crosses 

the Bay Bridge cutoff. It passes along the line of the 

Plateau Cemetary and that is the area that we have been able 

-- we have tried to get cleared up when it crosses Tenth 

Street. That is where it is cut off and it backs up there 

and causes quite a bit of damage to people who live along 

that area in that particular spot. 

MR. MENEFEE: 

Q Mr. Randolph, I believe you also told me that one 

of the major concerns of the borhan has been the park 

and recreation facilities. Would you describe the history 

behind that problem? 

A Well, we were interested in a park, and of course, 

there was a portion of land donated to the City of Mobile 

for parks. And it has approximately two acres, I imagine, 

two and-a-half acres. We felt that that was inadequate to 

serve the community. And we consulted the City Commission 

on this and we was told to try to find a more suitable site. 

Of course, we proceeded to try to do the same. So, 

at that particular time we were told that there was approxi- 

mately a hundred and twenty-five thousand dollars available 

to purchase a suitable site. And of course while we 

b 

        
 



I2.1 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  
  

was looking for a suitable site, then we was told that the 

hundred and twenty-five thousand dollars had gotten lost in 

bureaucracy or something. I don't recall whether they used 

that term or not, but it got lost. So we had to stop there. 

We had hoped to have some type of recreation that 

would give us a year around recreational facility out there 

instead of just summer activities and everything is closed 

down. 

In this particular ward out there, ninety-nine 

four, there is approximately ten thousand or more residents 

in that area. And certainly a space of one or two or three 

acres in our judgement cannot accomadate that many children 

or older people, too, for that matter. That won't give them 

the recreational facilities that we require. 

Q How long has the neighborhood been seeking these 

recreational facilities from the time that you are talking 

about? 

A We are talking about a period of seven years. 

Q Has the neighborhood been active in making requests 

to City government to help them with all of these problems 

that you have talked about, the drainage, the streets, the 

hydrants, has this been a contimuing matter over the years? 

A Yes. I am sure the records will show that they have 

been consulted. As it relates to these previous -- 

| 620 

        
 



FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Nn
 

an
 

    

24 

25 

    

  

Q Has there been previous meetings with the City 

government and the Commissioners during this period of time? 

A Well, I would say there has been a number of meetings 

down there trying to get some of these things corrected. 

Q Now, do you think that they have treated you fairly 

over the years, Mr. Randolph? 

A No, I don't think so. 

Q What did you get out of these meetings with the 

City government? 

A Well, as the saying goes a lot of promises at 

election time and that is just about it. 

MR. MENEFEE: 

That is all your Honor. 

THE COURT: 

You may cross him. 

CROSS EXAMINATION 
  

BY MR. ARENDALL: 

Q Mr. Randolph, did you live in the Plateau area in 

19687? 

A Yes, sir, I did, 

Q Did I understand you to say that in the course of 

your interrogation by Mr. Menefee that the streets were all 

paved out in that area? 
       



323 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

622 
  

  

You told that gentleman that, didn't you? 

A That's right. 

Q Do you happen to know whether the following streets 

were not paved as of August 13th 1968; Greens Alley, Woods 

Lane, Adams Lane, Jones Lane, Edwards Avenue, Brian Street, 

Semmerland Lane, Josie Lane, Wallie Lane, the east end of 

Edwards Street, the east end of Summer Street, the east end 

of Bay Bridge Road and east part of Front Street? 

Were they all unpaved as of 19687? 

A I would say so, yes. 

Q So, there ‘has been some improvement in street 

pavement in that area since 1968 has it not? 

A It has. 

Q You mentioned improvement in the lighting, too, 

haven't you? The lighting? 

A Oh, yes, it has been some improved. 

Q Now, as a matter of fact you have known Commissioner 

Mims for years, haven't you? 

A Quite a few years. 

Q You have known Mr. Doyle, also? 

A Quite a few years. 

Q Do you happen to know Mr. Greenough? 

A Not as well as I know Mr. Doyle and Mr. Mims. 

Q But you have met with Mr. Doyle for example about 

        
 



    

324 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

623 
  

    

traffic and other problems in the Plateau area, haven't you? 

A I have. 

Q You have no difficulty getting him to meet with you 

and consider those problems, did you? 

A No, 1 didn't. 

Q You didn't get everything you asked for necessarily, 

but you were able to get a meeting and consideration, weren't 

you? 

A I was able to get the meeting. 

Q Now, what was it that you asked Mr. Doyle to do that 

wasn't done? 

A Well, there was one thing in specific that we haven't 

or we are but we haven't -- we have been having trouble with 

police protection in that area. We feel like that coverage 

of patrol is too large in order to give adequate protection 

when needed. 

THE COURT: 

In other words, you mean that they cover too large an 

area? 

A Yes. 

THE COURT: 

You don't mean that there are too many of them out 

there? 

A That's right. 

      
 



325 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

They cover too large an area. For instance, sometimes 

when we call a policeman for that area he could be in what 

they call blackjack in Saraland avenue -- in fact I have 

called a number of times when my -- especially when my alarm 

would go off in my store and I have timed it and sometimes it 

takes approximately thirty minutes or more for a policeman 

to arrive on the scene. 

MR. ARENDALL: 

Now, Mr. Randolph, I don't want to interrupt your 

account of this, but let me ask you this. Do you happen to 

know how the city determines the number of patrolmen to be 

assigned to a given area of the city? 

A I don't know that. 

Q Then you do not know whether or not they keep 

statistics on the incidents of crime and determine the number 

of people that patrol that area on that basis? You don't 

know anything about that? 

A No. 

Q . You just know that you are not satisfied with how long 

it has taken and what you consider to be an adequate coverage] 

isn't that .righr? 

A Right. 

Q Now, as to Mr. Mims. Have you ever met with Mr. Mims 

about any of these area problems that you have talked about? 

y 
D 

        
 



3 
FEDERAL STENOGKAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

625 

1 

9 A We have. 

3 Q When you say we, you are talking about this organiz- 

4 ation that you had? 

5 A Well, yes, I can say we or they -- 

6 Q You have had meetings with Mr. Mims before for your 

: Plateau Progressive League was formed, didn't you? 

2 A Oh, sure. 

° Q And you had access to him and consideration by him of 

” things such as paving and street lighting and so on, haven't 

you? 
11 

A Yes. 
12 

Q And do you happen to know whether the fire underwriters, 
13 

or whatever they are called, were the people that established 
14 

the standards for location of fire hydrants? 
15 

A No, I don't know that it is required in that area. 
16 

Q Now, who is this large land owner that you refer to 
17 

out there? 
18 

A Meaher. 
19 

Q Who ? 
20 

A Meaher. 

2 

Q That's Mr. Gus Meaher's family, isn't it? 
29 

A Yes. 

23 

Q How many acres do they own out there? 

24 
A 

25   Well, I would say in the corporate area of Mobile 

     



327 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

; : i fe3d7 
1 

" county region and this was the survey of Mobile. 

i* {| THE COURT: 

4 General planning agency authorized by whom? 

5 MR. BLACKSHER: 

6 State law, your Honor. These regional planning 

7 agencies took the place of what used to be councils of local 

8 government. They are authorized for planning regions which 

9 are set up here in Governor Brewer's admimistration and they 

10 generally have representation and get money -- 

11 THE COURT: 

12 I just wanted to know from what source it comes. 

13 MR. MENEFEE: 

14 The next witness is Mr. Austin Pettaway. 

AUSTIN PETTAWAY 
  

the witness, having first been duly sworn to tell the 

truth, the whole truth, and nothing but the truth, took the 

  

18 

19 stand and testified as follows: 

20 

91 DIRECT EXAMINATION 

99 BY MR. MENEFEE: 

Would the clerk hand Mr. Pettaway a copy of 

21 Plaintiff's Exhibit 91. 

25 Mr. Pettaway, take a look at those papers there. 

        
 



    

328 ; 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

638 
  

24 

25   

MR. ARENDALL: 

Let me look at this Exhibit 91, also. 

MR. MENEFEE: 

This is Mr. Austin Pettaway. He is fifty-seven 

years old. He lives at 1528 Lincoln Street in Mobile. He 

is married and has six children. He has lived in Mobile 

County all of this life. He works for the postal service. 

Is that a correct statement, Mr. Pettaway? 

A That's right. 

THE COURT: 

Do you live in Mobile County? 

A That's right. 

MR. MENEFEE: 

Q Mr. Pettaway, have you and other residents of 

Lincoln Street been active in trying to change municipal 

services to other streets for drainage and such? 

A Yes, I have. For more than fifteen years. 

Q Have you worked actively with Reverand W. T. Smith? 

A That's right. 

Q I believe you mentioned to me a problem of drainage 

in your area? 

A Drainage and we also asked for a traffic light. We 

haven't got a traffic light out there. The drainage is being 

worked on now. 

      
 



329 

  
  

  

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

MOBILE, ALABAMA 

EER EE : 639 
1 

2 0 When did they start working on this drainage? 

3 A I would say about three weeks ago or four weeks ago. 

4 00 During these more than fifteen years have you and 

5 Reverand Smith and others in the neighborhood that with the 

6 City Commissioners and representatives of the City 

7 government? 

8 A That's right. 

9 Q Now, what was the outcome of most of those meetim gs? 

10 A Well, most of them was at this time we didn't have 

11 money for this venture. And then some time it was promised. 

12 Mr. Mims has been out and looked at our street and he promised 

13 || and that was it. 

14 | Q Do you remember when Mr. Mims came out? 

15 | A No. It was three or four years ago, I think. 

16 Q Would you describe the drainage problem to us, please]? 

17 A Well, whenever we got a heavy rain the sewer and 

18 all would back up in our yard. It would wash all of the soil 

19 out of our yard and everything. The water in the street 

20 would run up in our yard and wash our yard away. 

91 Q That Exhibit before you, number 91, are those part 

29 of the petitions and letters that you and Reverand Smith 

7 and other residents on behalf of Lincoln Street have 

51 presented? 

” A That's correct. 

        
 



  

330 

  

  

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

ee : Lent BH0 

2 Q You forwarded those on to the city government? 

3 A That's right. 

4 Q Do you think that the city government has treated 

| 5 Lincoln Street fairly over these fifteen years or more? 

6 A No; YX don't. 

7 Q Why do you say that? 

8 A Because when they say that there is no money available 

9 and other ventures were being done. Our street was still 

10 there. 

| 11 Q Do you know how big a paving venture this is, how 

| 12 much money is involved? 

13 A No, I don't. But they say it will cost twice as 

14 much as it would if they had gone ahead and done it when we 

15 | first asked for it. 

16 Q How long have you heen making this request of the 

17 city? 

1s | A Over fifteen years. 

10 Q If I suggested a figure of about thirty-five thousand 

20 dollars for this venture, would that sound reasonable? 

9 A I couldn't say offhand. 

wo MR. MENEFEE: 

» Your Honor, we move the admission into evidence of 

5 Plaintiff's Exhibit 91, the petitions of Lincoln Street group} 

2 THE COURT: 

      
 



331 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

A No, sir, that's not fair, that's not right. 

Q You say it's not a fact that quite recently has your 

group been willing to stand any assessment for this work? 

A I told you what we all realize that we had to pay 

an assessment. We realize that. 

THE COURT: 

Were you willing to? 

THE WITNESS: 

We were willing to. 

MR. ARENDALL: 

Q Now, was Mr. Langan sympathetic to your- problems 

out there? 

A He came out after one of the rains and saw what 

kind of condition it was in. 

Q But he didn't get the work done for you? 

A No, he ‘did not. 

Q Are you telling us that Mr. Langan did not get that 

work done for you even though you were willing to stand the 

cost of assessment for it? 

A No, he did not. 

Q Did you tell us that at that time, you were willing 

to pay the assessments to get the work done that Mr. Langan 

wouldn't do it? 

A No, sir, he did not do it. 

        
 



  

332 
| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

1 | MOBILE, ALABAMA 
A - oh 645 

  

  

2 THE COURT: 

3 What he really wants to know if you are willing to 

4 pay the assessment? 

5 THE WITNESS: 

i 6 That's right. We were willing to pay the assessment. 

7 MR. ARENDALL: 

8 Q Mr. Pettaway, I hand you an Exhibit which has been 

9 marked as Defendant's Exhibit 81. I call your attention to 

| 10 the fact that the top letter on this is dated September 22, 

| 11 1974, that is the juris to the Honorable Earl Joiner of the 

12 Public Works Department., City Hall. 

  

13 Were you a party to that petition referred to in 

14 that letter? 

15 A I am not sure. 

16 Q Can I call your attention to what appears to be your 

17 signature on the second page. Is that your signature? 

13 A That's my signature. 

19 Q And that seeks improvement in your streets out there, 

0 doesn't it? 

ol A That's right. 

3 Q Now, I call your attention to a letter of November 1, 

n 1974, from Mr. Nickel senior engineer to Mr. Joiner, in which 

5) he refers to a cost estimate of lowering the existing 

street and providing new jointed system, curves and gutter and        



333 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

646 
  

pavement estimated to cost forty-two dollars per lineal foot. 

Were you advised of that? 

A Yes, I was. 

Q That is a breakdown of how the cost is computed, is 

it not? 

A That's right. 

Q Now, I call your attention to a letter addressed to 

Mr. Joiner by Richard Smith, City Clerk, in which Mr. Joiner 

is advised that the board € commissioners have asked 

Mr. Joiner to tell the interested parties that the matter has 

been considered by the commissioners and that he, Mr. Joiner, 

is authorized to obtain additional information about the 

matter. Did Mr. Joiner tell you that? 

A No. 

Q Nobody from the City Hall ever told you that the 

commissioners had asked any one to go get additional infor- 

mation? 

A No. 

Q Then on November 7th, a letter from Mr. Richard Smith 

to Mr, T. K. Peevey, Public Works director. 

MR. BLACKSHER: 

November 7th of what year? 

MR. ARENDALL: 

Nineteen seventy-four. 

        e
d
 

 



  

334 

  

  

  

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 
| MOBILE, ALABAMA 

il 1 647 
1 

2 Advising, Mr. Peevey quotes, ''The board of 

3 commissioners in conference, November 5, 1974, reviewed the 

4 estimate you submitted in the amount of thirty-six thousand 

5 five hundred and sixty-six dollars to rework and lower 

6 Lincoln Street from Stone Street to Dunbar Street." 

/f "The Commissioner requests that you advise the interegqted 

8 private property owners. The city will not be able to 

9 correct the situation at this cine inasmuch as the monies 

| 10 are not available in the city budget." 

11 Did Mr. Peevey so advise you? 

12 A No, .1.didn't .zet that. 
jl 

| 13 Q Did you understand that the question was money and 

| 14 all you had to do was say that we would stand in assessment 

| 15 and they would do it? 

16 A No, I didn't get that understanding. 

17 Q All right. Here is a letter dated November 13, 1974, 

18 from Mr. Joiner, of the Public Works Department addressed 

19 to Reverand Smith, he is the one you were working with? 

20 A That's right. 

91 Q Re: Lowering and repaving Lincoln Street. 

99 You observe a reference there to repaving Lincoln 

23 Street? 

24 A Yes. 

25 Q Do you know of any reason why Mr. Joiner would have       
 



335 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

648 

2 talked about repaving if it had never been paved? 

3 A I don't know why he stated it but it has never been 

4 paved. 

5 Q And Mr. Joiner then did as he had been instructed to 

6 do. Referred the cost of thirty-seven thousand dollars and 

7 the unavailability of funds? 

8 A That's right. 

9 Q I want to call your attention to a letter dated 

10 October 27, 1975, from Richard Smith to James T. Chaplin, 

11 assistant engineer. Saying, ''The board of commissioners 

12 this day and meeting with the delegation of Lincoln Street 

13 instructed you to proceed to initiate a paving improvement 

14 venture for Lincoln Street as soon as possible." 

15 Were you informed that that action was taken? 

16 A Yes, I was. 

17 THE COURT: 

5 What was that date? 

io MR. ARENDALL: 

0 October-27, 1975, 

5 THE COURT: 

That was in authorization to proceed with work? 

MR. ARENDALL: 
23 

Yes. 
24 

Q Now, there is a notation up in the top, Judge. Lincoln 
25 
        
 



    

336 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

649 
  

24 

25 

  

    

Street paving improvement venture number one eighty initiated 

1/13/76. 

Now, Mr. Pettaway, I ask you again if it isn't a 

fact that between November of 1974 and October of 1975 and 

indeed only shortly before October of '75 did you people 

agree to send assessments for having this work done? 

A I don't remember no one kicking on it. I don't 

remember no one kicking on the assessment. 

THE COURT: 

Do you remember an affirmative agreement? 

THE WITNESS: 

No, I don't. 

MR. ARENDALL: 

And you do expect to be assessed, now? 

A That's right. 

Q And you didn't expect to be assessed in the negotiati 

back at any time before that, did you? 

A I did, and I think the group did. 

MR. ARENDALL: 

I. offer this Fxhibit. 

Q Mr. Pettaway, you have referred to the facts that 

other areas in the City were paved since you started talking 

back in 1961 to the city commission? 

A That's right. 

PI1S 

  

    
 



  

337 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

Q And the time that you actually got it? 

Do you know the circumstances under which that other 

paving was done? Whether it was on an assessment basis or 

by some dividers who were paying for it themselves or 

otherwise? 

A No, I do not. All I saw was that the paving venture 

was going on. 

MR. ARENDALL: 

No further questions. 

MR. MENEFEE: 

No further questions. 

MR. ARENDALL: 

Judge, I overlooked the traffic lights. 

Do you know what the procedure followed by people 

where people want traffic lights? 

A No, LIL dont. But I was sent to Mr. Bradford. 

Q It is checked imto by the traffic engineer at 

City Hall, isn't it? 

A I was sent to Mr. Bradford and Mr. Bradford is an 

engineer, wasn't he? 

Q Right. He makes certain tests such as volume of 

traffic and number of wrecks and that kind of stuff to determi 

whether or not a traffic light should be put in . 

THE COURT: 

ne 

         



    

  
  

  

      

FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 
| MOBILE, ALABAMA 

] | 651 : 
we 

2 Did he advise you of those things? 

3 THE WITNESS: 

4 Yeah, he did. 

| 5 | MR. ARENDALL: 

6 No further questions. 

; | MR. MENEFEE: 

| 8 No further questions. 

| 9 | THE COURT: 

| 10 You may step down. 

| 1 Who will you have next? 

| 19 || MR. MENEFEE: 

2 Mrs. Mable Dotch . 

| | 
| i | MABLE P. DOTCH 

16 the witness, after having first been duly sworn to tell 

17 the truth, the whole truth, and nothing but the truth, took 

18 the stand and testified as follows: 

19 

20 DIRECT EXAMINATION 

BY MR. MENEFEE: 
21 Q This is Mrs. Mable P. Dotch . She is sixty years old. 

2 She lives at 2529 First Avenue in the Trinity Gardens area of 

23 Mobile. 

24 | She is a widow and has fourteen children. She attended 

25 | high school. She has lived in Mobile County all of her life. E    



339 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  
ie Pe A mt ee tro ho St LE 1 SOL 1 A Aa hota L835 

1 

your community? 

3 | A Well, we have poor drainage. At one time they did 

4 put in some drainage. 

5 THE COURT: 

6 What he wants you to do is tell how it affects where 

7 you live. 

8 THE WITNESS: 

9 Oh, its bad. 

10 THE COURT: 

11 Tell us what you mean by bad. 

12 || THE WITNESS:   
13 | When it rains, it gets up and floods the street. You | 

14 | have to wade down the street if you want to cross it. Cars | 

15 || get stuck. First Avenue and Jessie Street flood too, ‘and the | 

16 | water stands there so that if a car on Jessie Street will ] 

17 ~ drown out. | 

18 THE COURT: | 

19 | Mobile has a general flooding problem. How long does | 

2) the water stand after these tremendous downpours that we have? ] 

7 A They stand for hours because I have a business on ] 

’3 the corner and water comes in there and we have to close. ] 

2 THE COURT: 

> Water comes inside the building?   
| A Yes. 

  
      
 



  

340 

  

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
A 656 

1 5 

2 Q What about the homes? 

3 A Some of the people's homes, the water comes in but 

4 they don't come inside of mine. 

5 MR. MENEFEE: 

6 Q Is this always a problem in the Trinity Gardens area? 

7 A Yes. 

2 Q How is water carried away? Is there big ditches in 

| 9 Trinity Gardens? 

10 A Yes, we have large ditches. And some of the ditches 

11 -- we have some pipe in some of the ditches. Some are still 

| 12 open with no drainage pipes in them. 

13 Q Have you and other people in Trinity Gardens been 

14 requesting the City Commission to help you with this drainage 

15 problem? 

16 A Yes. 

17 Q How many years are we talking about, Mrs. Dotch? Is 

7 it going back to the fifties or the early sixties? 

9 A Yes, its' going back a long time. Ever since we 

0 were incorporated in the City. 

9 THE COURT: 

a How long has that been? 

7 A I can't say. 

% Q MOre than ten years? 

i A I can't say exactly when.           
 



FEDERAL STENGGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

  

| 684 

Fd 
| 

2 | DIRECT EXAMINATION 

3 BY MR. MENEFEE: 

4 | Q This is Mrs. Janice M. McCamts. She is twenty- 

5 two years old. She lives at 959 Ghent Street in Maysville 

6 area of Mobile. She is single and she has attended three 

7 years of college. She has lived in Mobile all of her life. 

8 Is that correct, Mrs. McCamts? 

9 A Yes, it is. 

10 Q Miss McCamts, have you been active in the neighborhopd 

11 organizations dealing with, I believe, traffic and some 

12 drainage problems? 

13 A Yes, not only that, but it's other things that 

14 are happening in the community that shouldn't be. 

15 THE COURT: 

16 What community is that? 

17 A Maysville. 

18 THE COURT: 

19 Ma'am? 

20 A Maysville. 

91 THE COURT: 

99 Now, gentlemen, can you tell me where that part of 

23 Mobile, Maysville, is? 

94 MR. BLACKSHER: 

That is behind the Ladd Stadium, roughly. 
      
 



  

342 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

THE COURT: 

| That would be more or less in the southern part. 

4 | All right. 

| > || MR. MENEFEE: 

5 Q Miss McCamts would you describe the traffic problems 

that you have been dealing with? 

  

  
8 | A We have been having trouble with the company that 

| 9 has been of the area for some years. I believe it's over 

10 twenty something years. They are a hazard to the neighbor- 

| 11 hood because we have children all around there. There is a 

| Le school zone right there in the neighborhood. That extends fpr 

| 13 a couple of blocks that the schools are in. This truck 

| 14 | company is right there at the corner of my street. Therefore 

| 15 ~ they use my street and other streets in the area for traffic 

16 | going to their business. For loading zone and carrying out 

7 and bringing in, you know, that type of business. 

18 | Q Have you or other members of the organization 

19 | attempted to contact the city government to see if they would 

20 | help you alleviate this problem? 

21 i A Yes, we have. We have gotten up petitions asking 

22 | for help to prevent this hazard to the community. As far as 

23 | disturbance or parking area and of course speed of the 

2¢ | trucks and the loading. The loading is so heavy that we have 

25 had this particular thing that happened. A truck that had rT 
      
 



343 

  

    

  

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

i 686 
1 

2 || this accident on the street that was turning over. The children 

3 had just gotten out of school, so therefore any child could 

4 | have gotten hurt and any matter. Because of this lumber that 

5 | was falling over on the side in people's yards and everything. | 

6 | The trucks are falling over -- I mean the lumber | 

7 falling into the drainage which did happen, too. Because 

8 | the drainage -- we have a problem as far as streets are 

9 overflooding because the drainage isn't properly -- whatever. 

10 But, anyway, we have no sidewalks. When you are | 

11 || going to and from school or your place of business or home | 

12 | or to the store, you don't have anywhere to walk. | 

3.. As far as the cars coming by when the streets are 

14 | flooded and spill water all over every one by speeding through | 

15 | the streets, you know. 

16 | Q How many schools are there in your neighborhood? | 

17 A How many? | 

18 Q Are there several, would you name some? | 

19 A Yes. There are Williamson High School that is right | 

20 next to a track which is a big ditch there. The railroad 

921 track is right there and it doesn't have sufficient lighting 

99 or warning of the train that is coming. 

93 | Also cars have fallen in that ditch. 

94 It is so deep that it can hold a whole car. 

05 Around Williamson High School, there is George 
      
 



  

344 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

687 
  

  

  

  

  

  

Hall Elementary High School. We have another one a couple 

of blocks or so the other way, west, I believe. 

Q The second one you mentioned was George -- 

A George Hall Elementary. 

Q There are quite a few children in the neighborhood 

in these schools? 

A Yes, there are many children in the neighborhood. 

There are still children in the neighborhood that haven't 

reached the age of one year of age. 

Q And in your attempts to contact the city government 

have you been able to suggest an alternate route? 

A Yes, we have. We suggested a route. We drew to 

their attention what would be better for them and building. 

They are expanding so much. The ground that they are holding 

is pathetic. The houses in that area -- you can't sit on the 

porch. There wasn't -- there is a hazard of dust all over 

the furniture. You can't open doors or anything. This kind 

of thing is hazardous to your health as far as children as 

well. 

Q Is that a result of large trucks stirring up the 

dust? 

A Right. Also, at one part of the intersection in the 

street they put a sign there for no parking for the cars. 

Wherefore, their trucks can get through there and go to 

4 

D 
- 

     



  

  
  

345 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

688 
  

their grounds. 

Q I see. So, the city put up no parking signs? 

A Yes, at a corner so that no cars could park where 

their trucks -- and those trucks make that big turn there 

so they can go into their ground. 

The schools are right there in that area. There 

are children right there in that street where they are making 

that big turn. 

They are coming all times of the night, every day, 

all night long. No matter whether it is the weekend or 

not. See, these people -- these people don't have to stay 

in this area. 

Q You mean the company? 

A Yes. 

Q Is this Government Street Lumber Company that you ar 

speaking of? 

A Yes, Government Street Lumber Company and that -- 

there is this ail company next to it. That whole area -- 

it was -- it was packed off with trucks and trailers and 

whatever. It's a hazard because you can't see around the 

corners. 

There is dust and there is grass growing up so high. 

They haven't even taken care of it. As far as -- I don't 

know about the city -- grounding the area -- what they call 

      
 



    

346 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

689 
  

  
  

-- but just the same. The company hasn't made any move to 

clear this stuff themselves. Anything that comes out of 

there as far as animals and snakes and this kind of thing. 

This is the weather that they will come out. 

Q Has the city government done anything to help the 

situation? 

A No, they haven't. The only thing that they have 

done -- they ignore what the traffic. Even though -- well, 

they have one truck that comes through apprdximately two 

weeks in a month they clean the sidewalks. Therefore, -- 

Q The sidewalks? 

A Yes, the sidewalk. The streets are torn apart. It 

has a child going out playing in the streets or going out 

in the street they could easily get their foot caught in a 

hole in the street. Whereas these trucks has breaking in 

the streets and the City might go in and do some kind of 

work along in the streets and just- patch the streets up. 

So, the cars would have no way of running so long because 

you have problems with the cars having to carry them to a 

business to get them fixed. All of this kind of thing. 

With the drainage and this kind of thing. 

Q I am a little confused, Miss McCamts. Is there 

sidewalks in this neighborhood, or not? You said they come 

along and clean the sidewalks? 
      
 



  

  

  

347 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

      

MORNING SESSION 
  

9:00 o'cloc 
A.M, 

July 19,:1976 

THE COURT: 

All right. Whom will the Plaintiff have? 

MR. MENEFEE: 

Clara Ester. 

CLARA ESTER 
  

the witness, having first been duly sworn to tell 

the truth, the whole truth, and nothing but the truth, took 

the stand and testified as follows: 

DIRECT EXAMINATION 
  

BY MR, MENEFEE: 

Q This is Mrs. Clara Ester, twenty-eight years old 

and lives at 705 Fisher Street in Crichton. She is single. 

She has a B.A. Degree in elementary education and has lived 

in Mobile County for six and-a-half years. She is presently 

employed with the Dumas - Westley Center, a neighborhood 

service organization funded by the United Fund and the 

Methodist Church that operates in the Crichton neighborhood; 

is that a correct statement, Mrs. Ester? 

A Xess, it is. 

k, 

705 

       



  

  

  

| each rain flow the erosion is like falling into the creek 

  

348 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
706 

  

  

1 Q Mrs. Ester, in our previous conversations you have 

described some of the drainage problems that are common in 

the Crichton neighborhood, property erosion and such. Would 

you tell us the types of problems the neighborhoods in the 

Crichton neighborhood experience? 

A Well, even before I came to Mobile I heard, after 

arriving in the City of Mobile and working in the Crichton 

area, that several homes were on the edge of the creek and 

where homes, at this point, are getting closer and closer to 

the boundary point. 

A lot of home owners are fearful and even people   that are renting are becoming very fearful that their homes 

| are eventually going to fall into the creek. There have been 

drowning situations where people in the area have rowed down 

the creek trying to find kids. 

  
Other problems have been one case we worked on and 

reported to the Board of Health was menigitis where a family 

that lives above the creek, all the children were ill and 

the board of health indicated that it was probably from that 

creek area that this disease was being carried. Rats are 

always in the creek and mosquitoes and kids are in and out 

playing in it and slip and fall into it. About four years   ago we talked to Mayor Mims about fencing in the creek or 

      
   



  

349 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  
Le lc = ra ——— meet — — ——— - eee SEER 

putting some type of piping in to close the creek up to 

prevent any more drownings or diseases that the creek is 

creating in that community. He indicated to about twelve 

people, I guess, in his office that they could not baby sit 

by putting fences up. They couldn't send people out to watch 

the kids and prevent them from getting into the creek. We 

felt it was a minor thing to fence the area up. 

Q Have there been any major improvements in the 

situation? 

A No major improvements. They have been out to -- 

maybe twice to clean it in six and-a-half years. 

Q You also described once to me a request, I believe, 

for an alternate route or rearranged route with the bus 

service to assist some elderly citizens in the neighborhood. 

What was the preblem that they faced? 

A Well, the Toulminville bus comes up Mobile Street 

and, in the past, it used to turn on Nall Street and go to 

Bay Shore Avenue, coming back north and then circling back 

around to the Toulminville area. Senior citizens in the 

area would have to walk from Nall Street up at least four 

blocks and then up an incline to get to Springhill Avenue 

to catch any type of bus to take them to town. There are so 

many old people in the Crichton community that it became a 

very serious problem for them with heart conditions and other 
  

  
      

C
E
 

y
r



  

350 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

710 
  

      

A It is in the area of Liberty Park which is also 

in Crichton. 

Q Does the Crichton Optimist Club have use of that 

park or that area? 

A To my understanding they do, right. 

Q In the recent past, has the Crichton Optimist 

Boy's Club been segregated? 

A Up to about two years ago. We have had kids to go 

up to join because it was where we considered closer, as 

far as recreational facilities. They were denied the 

opportunity to join there, but was told if they went to 

Davis Avenue, they could become members of the Boy's Club 

there. 

Q Has the Boy's Club operated a lunch program during 

the summer in the past? 

A For at least four summers that I was aware of, 

yes. 

Q You described to me previously the situation of 

black children not being able to obtain lunches on an equal 

basis with white children. 

Would you tell me about that, please? 

A Well, number one, they wouldn't be allowed in the 

building any way, and the lunches that were left over that 

      
 



35% 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
711 

  

24 

25 

  

    

  

the white kids could not consume during the day, that had 

to be eaten or was spoiled, they would be set out on the 

curb. I don't know if they were set out there for the black 

kids to eat or set out there for garbage, but yet the black 

kids would easily go to that area and get them a lunch and 

go home. 

Q This Boy's Club on Rice Street is now used as a 

voting center? 

A Right. 

Q And it serves the Trinity Gardens area, also, I 

believe? 

A Right. 

Q Would you describe some of the difficulties for 

citizens getting from Trinity Gardens over to the voting 

place at the Boy's Club on Rice Street? 

A They would have to come down St. Stephens Road 

and possibly pick up the Toulminville, Allison bus and get 

off at Cotton Street and, at that point, have to walk twelve 

blocks or so to get there. When I have been at the polls at 

six- o'clock taking people from Crichton, people to vote, 

several people from Trinity Gardens have walked up to there 

at six-fifteen and they would not get the freedom to vote, 

because of the hour situation. 

Q Prior to the Trinity Gardens citizens voting at the 

      
 



  

352 

  

  

    
    

  
    

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

| 212 

te 
2 | Boy's Club, did they vote in their own neighborhood? 

: A Yes. 

: | Q At the Trinity Gardens School? 

DAA Right. 

6 Q So, thereafter, would you say that it was very 

7 il difficult for a citizen of Trinity Gardens, if they don't 

8 | have private transportation to vote at the Boy's Club? 

J | A I would say that it is very difficult. 

10 | Q Are there many sidewalks in the Crichton neighborhoqd? 

I fla Probably you could count them on one hand. There 

12 is not a whole lot of sidewalks in the area, no. 

13 Q Why are sidewalks important in your neighborhood? 

14 | A Number one is because kids SHEE dFe growing up 

15 | in that community are basically from low income families. 

16 They don't have adequate transportation to transport kids 

17 | to other parks like Municipal or other parks that are, 

18 I you know, surrounding them. So, the kids play in the street 

19 | a great deal, which is not to any degree a safe situation. 

20 | Even Mobile Street is a very busy street. That is 

21 | the street the amublance goes down, as far as going to the 

29 | University Medical Center. So, the kids had to play with 

23 | no place to ride bikes and they end up in the streets all 

24 | the time. 

95 I feel that it is a dangerous situation. If the 

i 

 



  

353 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

Do
 

(O
21
 ] 

sidewalks were available, the kids would be in a little 

safer area. There is no basic recreation for them where they 

can walk comfortably to a program. 

Q In a neighborhood such as Crichton is there also 

a good bit -- neighborhood interchange and foot traffic 

by the citizens? 

A Yes. People walk all the time. People sit on the 

porch and communicate with each other. This is their 

livelihood. This is basically all they can afford to do. 

Q Have most or all of these problems been called to 

the attention of the city government? 

A The majority of them, yes. 

Q Over a period of time, several years or more? 

A I would say for the six and-a-half years I have 

been here. 

Q What sort of response have you got? 

A Well, they send someone out to clean the creek 

during election time. You have a lot of city trucks in the 

area looking around. The basic problems that have been 

indicated to the city have not been solved. 

Recreation is still not in the Crichton community. 

The creek problems are basically there. They may have come 

out and cleaned the creek, yet the same type of situations 

are going on, menigitis, kids falling into the creek and 

      
  

 



    

354 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

  

114 - 

1 

2 || houses in danger of their homes being washed away and so the 

3 problems are still there. 

4 Q Have you ever met with members of the City 

5 | Commission? 

6 ll A I have met with Mr. Mims as well as Mr. Greenough. 

7 | Q Did you have a great deal of difficulty speaking 

8 with these commissioners? 

9 A The one occasion that I met with Mr. Mims, the 

10 | difficulty was the fact that we had brought several people . 

  | could come in the room and stand that was important that 

| they hear what he had to say about the issues that they 

| A I would say Crichton, at this point, is probably 

sixty - forty with the majority being black.   

from the community to speak with them, and they found it 

a big problem to seat every body. We felt like if people 

brought to them. He did meet with us, yes. 

Q You have certainly been in other parts of the City. 

Do you think your neighborhood has received equal treatment 

with white neighborhoods? 

A No, I do not. 

Q Would you describe the racial make-up of the 

Crichton neighborhood? 

Q And are those concentrated in certain areas or 

particular areas of the Crichton neighborhood, the blacks? 

       



  

355 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

726 
  

to tell the truth, the whole truth, and nothing but the trutl 

BILL ROBERTS 
  

the witness, after having first been duly swern 

took the stand and testified as follows: 

DIRECT EXAMINATION 
  

BY MR. BLACKSHER: 

oO
 

» 
LO
 

3 
LO

 
> 

LO
 

> 
O
 

p
O
 

> 
LO

 
>»

 
L
O
 State your name and address, please. 

Bill Roberts, 148 Tuscaloosa Street, Mobile. 

How old are you, Mr. Roberts? 

Thirty-five. 

What is your present employment? 

Vice-president of Cogburn Nursing Home. 

How long have you resided in Mobile? 

Thirty-five years. 

That is your whole life? 

That's right. 

What elective office do you presently hold? 

State Senate district thirty-five. 

That is the State of Alabama? 

That is correct. 

Would you briefly describe your history of involve- 

ment in politics in Mobile County? 

A In 1970 I was elected county wide to the Alabama 

1=
4 

        
 



  

356 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

127 
  

  
24 

25 

House of Representatives and in 1974 I was elected to my 

present position in the Alabama Senate. 

Q You ran in the Democratic primary? 

A That is correct. 

Q Senator Roberts, you are the sponsor of a bill that 

is presently pending in the Senate of the legislature of 

Alabama that concerns city government in Mobile. Waat is 

that bill number? 

A The bill number is -- you know, I forgot the bill 

number. We have something like thousands of bills. I 

really don't know, right off the top of my head, what it is. 

The reason that I don't know what it is, there 

hasn't been a great deal of action on the bill recently. 

I will have to check. I really don't know what the bill 

number is. 

Q Would you describe, please, what this bill 

proposes to do with the city government in Mobile? 

A Well, essentially, it would provide, based upon 

a petition and a public referendum, it would provide the 

City of Mobile with a mayor-council form of government and 

the council would be made up of nine members. It is based 

on the -- essentially, the same legislation that provides 

the City of Birmingham with a mayor-council form of govern- 

ment. 

        
 



  

357 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

728 
  

24 

25 

Q This would be a form different from the mayor 

alderman form presently contained in the general laws of 

Alabama? 

A That is correct. 

Q You would have a mayor running at large, correct? 

A That is correct. 

Q How would the council members, the nine council 

members, be elected under your bill? 

A Seven of the council members would be elected from 

districts and two of the council members would be elected 

at large, city wide. 

Q Mr. Clerk, would you hand the witness exhibit 

62, and Plaintiff's Exhibit 63, please. 

May it please the Court, Plaintiff's Exhibit 63 

is a summary prepared by Mobile United of a debate that 

occurred there on May 28, 1976, I believe; isn't that 

correct, Mr. Roberts? 

A That is correct. 

Q In which Mr. Roberts participated with Mr. Ed 

Thornton and Professor William J. Harkins. 

Mr. Roberts...... 

THE COURT: 

What number is that? 

MR. BLACKSHER: 

  

  
     



    

  

| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

ue 229,37 
1 

2 Sixty-three. Would you tell the Court two reasons 

3 that you have introduced this bill? 

4 A Well, basically, the two reasons -- the major reason 

5 is that, in my own opinion, the mayor council form of 

6 government is a better form of government. I say that after 

7 having served almost two years now as the chairman of the 

8 local government committee in the Alabama Senate. So, I 

¢ have become somewhat familiar with forms of muncipal govern= 

10 ment and I think that, of course, there are advantages and 

11 disadvantages to the various forms. 

12 In my opinion, the strongest form is the mayor- 

13 council and I think this is probably indicated by the fact 

14 that a majority of the cities in Alabama have this form of 

15 government and over the last ten years they have been moving 

16 toward this form of government and this situation also 

17 exists on a national level. 

18 The second reason is I feel, under the present 

19 form of government, the commission form of government, the 

20 individuals or all segments of the city do not have an 

91 opportunity to be represented. So, I said at the Mobile 

29 United meeting and I repeat again that this bill will give 

9 wider representation, in my opinion, to the various segments 

21 of the city than the present form of government that we have 

”% had. 

        
 



  

359 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

730 
  

24 

25 

Q How would it accomplish better representation? 

A Well, under the present system you have three 

commissioners that run city wide, that run at large, and 

under the mayor council you would have a mayor that would 

run at large and you would have at least seven councilmen 

that would be running from districts. I think it is 

quite obvious that you would have more individuals involved 

in mumicipal government than you presently have, although 

they would be involved at a different level than you have 

now. 

It would be an executive - legislative situation, 

whereas, at the present time, you have, whichever way you 

want to look at it, either an executive or legislative 

situation. You do not have the checks and balances provided 

by a legislative - executive arrangement. 

Q Why have you proposed that two of the council 

members run at large in seven districts? 

A Well, basically, two reasons; one, is that I would 

hope that this was something that I hoped that with certain 

established members of the community would be -- find more 

acceptable, and the second reason, would be that having 

experienced the districts...... 

THE COURT: 

When you say more acceptable, you mean make it 

        
 



    

 



  

  

360 —- 361 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

731 
  

easier to pass? 

A That is correct. 

THE COURT: 

~All right. 

A The situation that we have in the legislature, we 

have had some difficulty in that in running from districts 

that the legislators have had a tendency, in some instances, 

to be concerned just with their particular district and the 

interests of their district and so I felt that by providing 

two councilmen, at large, that any discussion that took 

place on the council regarding various municipal issues 

that these individuals could provide some balance. 

An individual, for example, with a district, 

concerned with a project just in his district or a situation 

that exists in his district, there would be at least two 

members on the council to provide the prospective of looking 

at it from a city wide point of view. 

Q Was there any other city's modeled like the 

mayor council form that suggested this seven - two council 

to you, or is that your own idea? 

A That is my own idea. To my knowledge, I do not 

know of any cities that have that arrangement. 

Q Now, on the question...., 

THE COURT: 

    
 



  

362 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

732 
  

To that extent, it is different from the Birmingham 

plan? 

A That is correct, your Honor. 

MR. BLACKSHER: 

Q The question of why the representation was debated 

on this occasion at the public forum of Mobile United; is 

that correct? 

A That is correct. 

Q I believe that the person, Mr. Thornton, who was 

opposing your bill made the point that the present mayor, 

city commission form of government, protects majority control; 

is that correct? 

A He made that statement. That is correct. 

Q And in fact, I believe Mr. Thornton said that among 

those who favor minority rule we have only Federal judges 

and the present delegation from Mobile County; is that 

correct? 

A He made that statement. That is correct. 

MR. ARENDALL: 

If your Honor please, aren't we getting into the 

rankest kind of hearsay? 

THE COURT: 

Well, if this is a debate before the legislature. 

MR. ARENDALL: 

1» 

        
 



  

363 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Ww
 

w
 

  

24 

25 

No, sir. Before the Mobile United, a local group 

of citizens. 

THE COURT: 

Well, I think it is totally irrelevant any way. 

MR. BLACKSHER: 

All right. 

Q Mr. Roberts, haven't you.... 

THE COURT: 

It is argumentative. Go ahead. 

MR. BLACKSHER: 

Q Mr. Roberts, haven't you also said publicly, includii 

this debate, that one of the reasons you introduced this 

bill was the pendency of this law suit? 

A Yes. I do feel that -- I did originally introduce 

the bill for that reason. I intended for sometime to 

introduce the bill, because of the two reasons I stated 

earlier, but it was after that I had decided to introduce 

the bill that I became aware of the law suit. I did make 

the statement that I felt that too often in Alabama, on the 

State level, particularly, for example, the prisons and the 

mental health situation, that the legislature has not met 

its responsibility and in those situations the courts have 

moved into that area because of the lack of responsibility 

of the legislature. 

ng 

        
 



  

364 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
734 

  

  
24 

25 

I have stated on a number of occasions we obviously 

do have a problem here, in my opinion, and we do not have 

representation in all areas of the city and, for that 

reason, I introduce the bill and then I became aware of the 

law suit. 

Q Now, Mr. Roberts, it is a fact, isn't it, that the 

1964 or '65 bill or act that set up the optional form of 

government concerning which there was a referendum in 1973 

differs from your present plan in that the former system had 

a weak mayor council system and also provided for the council 

to run at large and those are two major differences in your 

bill; isn't that correct? 

A Those are just two, but there is no comparison 

except in name. There is absolutely no comparison between 

the bill that the legislature passed in 1965 and was voted 

on in '73 and the bill that I am proposing. There is 

absolutely no comparison. 

Q Is it a fact that you have proposed that some of 

the council members run out of single member districts in 

order to provide minority groups in the city a better 

opportunity to be represented in the city government? 

A That is correct. 

Q Is it fair to say that since you have been 

associated with the Mobile county legislators that they have 

      
    

 



| 
| 

  

365 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

735 
  

understood that in order for blacks actively to be Saki pi 

and to be able to elect candidates of their choice it would 

be necessary for there to be single member districts? 

A Are you referring to my experience with the legisla- 

ture? 

Q Yes. 

A Yes. When I served in the House of Representatives 

we ran county wide and there were ten members of the House, 

six of them were attorneys that lived within the immediate 

vicinity or the same neighborhood. Now, under the district 

situation, which I didn't particularly care for the plan, 

but nevertheless, we had districts and we have a wide range. 

We have an individual who is an owner of a cleaning establish 

ment. We have a man that has been involved in service statioi 

work and auto repairs. We have, I think, a black attorney, 

a young white attorney, and so we have a wide range of 

individuals that are involved in the legislature now that 

wouldn't have been involved in years past. So, in that 

respect, legislative re-apportionment has been good, in my 

opinion. 

Q At the end of the Mobile United debate you said 

that, in answer to the question were the prospects for the 

enactment of your bill not too good, from slim to none, but 

the bil right now is being held up in committee by one 

        
 



  
24 

25 

366 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

736 
  

senator and is that still the case, Senator Roberts? 

A That is the case, to my knowledge. As you know, we 

have been in recess for one week and unless...... 

Q That one senator is Senator Perloff? 

A That is correct. 

Q Has he told the delegation why he is holding the 

bill up? 

A No. He has not, not to my knowledge. 

Do you have any idea? 

Yes. I have some idea, but I cannot prove that. 

It would be hearsay? 

> 
Oo

 
> 

O
 

It would be hearsay; that is correct, but I know why 

it is being held up. 

MR. BLACKSHER: 

No further questions. 

THE COURT: 

You may cross him. 

CROSS EXAMINATION 
  

BY MR. ARENDALL: 

Q Senator, there has been some testimony here that 

Mr. Buskey would have beat Senator Perloff for the position 

in the State Senate three hundred votes that had been cast 

or three hundred more votes by blacks. In other words, if 
         



  

367 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

738 
  

24 

25 

governments throughout the state and perhaps the history 

of Mobile home government under a mayor aldermanic form, 

did you not? 

A Yes. I centered most of my studies on the Birmingha 

situation and the Montgomery situation, because they were 

the ones most comparable with Mobile. 

Q Is it fair to say that one of the big problems that 

you found with the mayor council form to have was that of 

interference by members of the council in the day to day 

affairs of the municipality? 

A That is why I wrote the bill in the way that I 

did, because -- let's take, for example, the one we are 

all familiar with, the city of Prichard. It has a weak 

mayor. There are areas where councilmen can and do interfere 

and involve themselves in the day to day operations of the 

city. 

Under the bill that I have proposed, even if they 

go or approach a department head, without first going through 

the mayor's office, they can be removed from office. 

Q What are other differences? 

A The other major difference, the council people would 

be elected from districts and I understand from '63 or '73, 

those bills, that that was at large. 

Q I understood you to say, senator, that you patterned 

        
 



  

368 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

739 - 
  

24     

your bill on the Birmingham bill. Does not Birmingham have 

a council where all the members are elected at large? 

A That is correct. And I have a letter from Mayor 

Vann recently where he stated that this was going to be a 

problem for the City of Birmingham. He felt that this was 

definitely a strengthening of the bill to place them in 

districts rather than having them running at large. 

Q And in either event, there is that major change 

from your bill and your bill in Birmingham? 

A That is correct. But in Birmingham they have nine 

councilmen from districts. 

THE COURT: 

They are designated. They have residences, but 

have to be elected, at large? 

MR. ARENDALL: 

What was that? I am not clear on that. 

A In Montgomery they must run from designated districts 

and they must live in those districts. 

MR. ARENDALL: 

In Birmingham they have residential requirements, 

all elected at large? 

A That's right. 

Q Two blacks in Birmingham currently serving, are 

they not? 

     



  

369 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

740 
  

24 

25 

A Yes. 

Q Do you know the racial composition? 

A It is five -- four to five whites and four blacks. 

Q Has Montgomery found that this kind of districting 

plan has produced a five four racial block on various issues 

brought before the council? 

A I discussed this with Mayor Robinson, who is a close 

friend of mine. He has the opportunity or privilege to 

attend the council meetings, but he cannot interfere in any 

way unless he called on. He has told me, with the exception 

of a few issues, one of which was to rename a street 

Martin Luther King Memorial Drive, that there has been very 

few problems. 

Q You have recognized, senator, that there is a risk 

of fragmentation of a community through single member 

districting, do you not? 

A I think that is debatable. You can make an 

argument for that. You can also make an argument for running 

at large. For me, it is very difficult to say. 

Q Is it fair to say that recognizing that reasonable 

men may reasonably differ about whether the City Commission 

form is a better form than the form we would have ..... 

A I acknowledged that before Mobile United and other 

groups that that is debateable. 

        
 



  

370 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

752 = 
  

/ member of the County Commission and Ron Webster, a local 

3 business man, were they not? 

4 A That is correct. 

5 Q Who were the leaders in the first election? 

6 A Gosh, it has been seven years, almost. 

7 Q Wasn't it Mr. Webster? 

8 A Mr. Webster, as I recall, Mr. Webster led the ticket 

9 and, in the runoff, I think I won by twelve hundred votes. 

10 Q Did you seek black votes? 

n A Yes. 

12 Q Had you, on previous occasions, been to the non- 

13 partisan voters league and sought votes for others you 

14 supported? 

15 A Yes. 

16 Q Since your election, have you been available to 

17 blacks and whites who have sought to speak to you about 

18 | matters of concern to them? 

19 A ; Yes. I have tried at all times to make myself 

20 available to anybody, black or white. 

91 Q Have you ,in fact, have any contacts with blacks 

including black leaders? 

A Yes, many times. 

2 Q Could you name any particular black leader which whom 

os you have had numerous contacts? 

         



  

371 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

154 
  

(LS
) 

24 

25 

about how to handle things like this and I urged him to pleas 

come to me first and at least let us discuss the situation 

before it more or less went public. 

Q Did he agree to that? 

A Yes. I felt good about the meeting. I thought 

it was worth while and when I left I felt we had really had 

a meeting of the minds. However, after a period of quiet 

it continued as it was before. 

Q You mentioned Mr. LeFlore sending copies or addressi 

copies to many persons, including the FBI. Has the FBI 

investigated that type of complaint? 

A Yes. Any time a letter or request of this type 

gets to the FBI, the Department of Justice. it has been 

investigated and the FBI always conducts a full investigation 

of whatever the incident that they are asked to investigate 

is. 

Q Has the FBI ever reported to you that they found 

substance in any of these complaints? 

A There has never been a report to me by the FBI 

that they found evidence of police brutality in the Mobile 

Police Department. 

Q There has been a lot of talk in this case, 

Mr. Doyle, and I am sure you have heard the testimony about 

this Diamond -- the so called alleged lynching incident. 

e 

ng 

        
 



  

372 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

755 
  

24 

25 

Will you tell us when you learned about it and 

what happened? Give us a chronology of this. 

A All right. I believe my dates are accurate, at 

least the time lapse, I know, is accurate. It was reported 

to me on Wednesday afternoon by Mr. Clint Brown, who was 

the attorney -- I don't know who he was representing at the 

time, but he called me as an attorney to report this to 

me. 

Q Is Mr. Brown a partner in Mr. Blacksher's law 

firm? 

THE COURT: 

I will take judicial knowledge of that. 

A He called me and related..... 

THE COURT: 

I don't know whether he is a partner or not. He is 

in the firm. 

MR. BLACKSHER: 

Let the record show he is a partner. 

THE COURT: 

Okay. 

A He related an incident to me concerning a hanging 

or lynching or he described it in several different ways. It 

was certainly unusual and it shocked me to even hear it. 

As a matter of fact, it was hard, at that time, for 

        
   



37S 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

=)
 

24 

25 

me to believe that something like that could happen. Well, 

at that time, I said this is, of course, -- we agreed it 

was a matter of urgency and needed immediate attention. So, 

we set a meeting as early as possible the next day. This was 

in the afternoon of Wednesday. 

So, we had a meeting on Thursday. In the meantime, 

Dr. Gailliard who is, as you know, connected with the 

N.A.A.C.P. called and expressed his concern. He had heard 

it and told me, at that time, that he would not be at the 

meeting, but nevertheless wanted to express his concern. So, 

we had the meeting. 

Q Who was present at the meeting? 

A Well, there was a number of people present, members 

of the non-partisan voters league was present. The District 

Attorney's office, the FBI, they had been notified, but, as 

I recall, were not present at this meeting and the chief 

of police and myself. I might point out that I was the only 

Commissioner present at this meeting. The reason for that 

was, and I realized at the beginning that the information 

that we had received was sketchy, at best, and had no specifi 

It was a police matter and was my responsibility 

and I thought, therefore, that I should hear the complaint 

in its entirety and make a determination as to how to handle 

it and then report it to the other Commissioners. 

~
 

(@
) 

cS. 

        
 



    

374 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
757 

  

ne
 

24 

25 

    

  
  

    

| A We went through the details of the incident in 

~ which they described to me that a young black male was 

All right. What happened at the meeting? 

arrested and that a mock lynching or hanging took place in 

the downtown area, generally in the vicinity of Wintzells 

on Conti Street. 

They said that the man had been lynched and I made 

the remark then, "If he had been lynched, most certainly he 

would be dead.', and that they then -- we referred to that, 

after that, as an alleged happening. | 

Needless to say, every one present was shocked, the 

chief of police and myself, the District Attorney's offiee, 

the City Attorney, who was also present, and considered 

this a matter of utmost urgency and we immediately instructed 

our police people to start an investigation. This was on 

Thursday. 

Now, on Friday, about Friday afternoon, the City 

Attorney, Mr. Fred Collins, called and informed me that the 

first information that he had gotten, the first statements 

that he had read that were taken from some of the officers 

who were named, indicated that, in fact, this had happened 

and that we were to get into it further. 

When we Rave an internal investigation in the 

police department, we take statements from every one involved 
    
 



375 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
758 

  

24 

25 

plus their supervisors and on down the line, and it was 

naturally -- it was going to be a little time consuming to 

get all of this information together. So, we did and we 

met again on Monday -- as a matter of fact, we met by way 

of many phone conversations all during the weekend, but on 

Monday we met again and, with the exception of one statement 

from one party we had assembled all of the information. 

On Tuesday, which is our day to meet, the day that 

we have our conference meeting, City Commission meeting, it 

was then, that afternoon, and we got the last bit of infor- 

mation we needed to bring all of the story as we knew it 

in focus. 

At that time, I called the other two Commissioners 

and, with the chief of police and the City Attorney and othey 

we met in my office and I detailed the incident, to the 

best of my knowledge, to them. 

They were very shocked and upset and, to my knowledg 

neither one of them had heard of the incident. I believe 

Mr. Greenough had said he had heard some conversation or 

rumours, but he had probably discounted it, but, at any 

rate, this was the first knowledge they had. We met then 

for quite a long time to determine what should be done. 

At that point, we took what I considered to be 

immediate positive and stern action. 

        
 



I 

  
24 

25 

  

376 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
759 

  

This was an administrative action of the police 

department. One man admitted that he was the person involved 

who was most responsible. He was immediately terminated. 

Seven others were suspended for fifteen days and then the 

matter went into the hands of the grand jury who conducted 

an investigation. 

The grand jury then indicted five men, including 

the one we had terminated and exonerated three. 

Q Exonerated three of the people that you had 

suspended? 

A Three of the people we had suspended were 

exonerated. I might add the suspensions -- we based the 

suspensions on the fact that these men had failed to report 

it and this is an administrative action. They were suspended 

for failing to report an incident of this type. 

The five men were indicted by the grand jury and 

they are awaiting trial, at this time. The other three 

served out their suspensions and were put back on duty and 

that is -- let's see, I don't know exactly the status of 

those three other men, at this point, but they are back on 

duty at the Mobile Police Department. 

But what all of this led to was what we got into 

after this and that was a very, very intensive investigation 

into not only this incident but into a number of others that 

        
 



  

371 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

~
 ©
 

  

had been reported in the last, I would say, within the 

thirty days prior to this and our investigation was conducted 

personally by the chief of police in co-operation with the 

City Attorney and several other police officers. 

It, as you know, resulted in the termination of 

two additional officers, plus six suspensions of varying 

degrees handed down to other officers. Those did not connect 

or those were not related to the Diamond incident. 

Q Now, just to try to complete the picture, did one 

or more of the persons suspended, as a result of this 

subsequent investigation, take their cases to the County 

personnel board? 

A Yes, a number of them have appealled. 

Q Has there been any action as to any of those appeals 

A I believe one of them had a suspension reduced. 

Q Didn't the papers indicate, I thought two..... 

A Possibly two. I haven't kept track as closely as 

perhaps I should. 

Q There has been some suggestion here, Mr. Doyle, 

that the only people in Mobile that had any concern about 

this Diamond occurrence were members of the black community; 

is that right? 

A Absolutely not. There was concern expressed throughj 

out the community from all sides. There was concern voiced 

J
 

        
 



  
24 

25   the city as a whole. 

  

3%8 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

by such organizations as the League of Women Voters, to 

mention some -- they are not necessarily white, but they are 

a mixed group, the Optimist's Clubs, Mobile United, a number 

of organizations. 

Q The Chamber of Commerce? 

A The Chamber of Commerce. They made a report or 

had a report on it. The N.A.A.C.P. ministerial groups, both 

black and white, expressed concern. 

I had letters of concern expressed by individuals, 

some black and some white, and it was a general feeling of 

upsetment and concern throughout the community and it was 

not necessarily related only to blacks. 

Q Did you have any correspondence with Mr. Gary 

Cooper about this matter? 

A Yes. I corresponded, from time to time, with 

Representative Cooper on a number of matters. He has easy -- 

we get along together and we talked about problems about 

his community and Mobile as a whole and he had ...... 

THE COURT: 

Is he a black legislator? 

A Yes, sir. He had expressed, in a letter expressing 

concern that he wrote me and outlined a few things that he 

thought would be of benefit to the police department and to 

It was along the same lines of various 

reer etme ss mae 

      
 



  

379 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
762 

  

requests that I got from other groups. 

After having received many of these inquiries, 

requests, you know, statements of concern and that type of 

thing, with some help from the -- well, from everybody 

involved, the chief of police, the City Attorney and the 

other two Commissioners, I developed a response to this which 

was a response designed to answer some questions and designed 

to assure the people that the matter was to be dealt with 

and that it was not going to be as some people put it, white 

washed. It was not going to be put under the table and that 

it was going to be dealt with and the City of Mobile and the 

Mobile Police Department was going to do everything they could 

to assure them that something like this would not occur 

again. 

MR. ARENDALL: 

If your Honor please, for the first time this 

morning I saw this statement that Mr. Doyle prepared in 

connection with this recent incident. It has not been 

exhibited to counsel for the other side. 

When was this prepared? 

A I had a lot of papers I was going through and I came 

across it. 

Q It has not been exchanged. I would like to offer it 

as a statement. 

| 

        
 



  

8 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
763 

  

24 

25 

I take it you prepared this to give out to people? 

A Yes, sir. This statement was prepared to give to 

people who, for instance, the N.A.A.C.P. met, the ministarial 

groups met, Gary Cooper, Representative Cooper, received 

a copy of this and I had a number of copies made and it was 

given to the media and it was just given out generally 

around to the people who had an interest. 

MR. ARENDALL: 

I will offer it as Exhibit 85. 

(Defendant's Exhibit 85 received and 

marked, in evidence.) 

MR. ARENDALL: 

Q Mr. Doyle, when you sent the information that you 

supplied to Mr. Cooper, did he indicate any desire to further 

pursue the matter? 

A He indicated in the letter to me -- his letter 

said, in essence, that it appeared that we had the mechanism 

underway or proposed to address ourselves to this problem. 

He called then attention to the need for increased 

training for police personnel in the area of human relations, 

but generally seemed satisfied with this statement that 

was given to him. 

Q When all of that was developing, did you and any 

other member of the Commission attend any meetings other than 

        
   



  

381 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

25 

the ones you have mentioned? 

A Yes, sir. I might add that I had numerous meetings 

in my office with various groups, even -- well, at any rate, 

there was a meeting called by the Mobile Ministerial Alliance, 

I believe is the name of the group, which is made up of 

black ministers. They had a meeting at Mount Olive Baptist 

Church. I can't remember exactly the day, but it was right 

during the first week of the -- when the incident became 

public. 

They asked me to attend and asked Mr. Mims to 

attend -- asked all of us to attend. Mr. Mims and I went to 

Mount Olive Church one morning. I had a statement which I 

read and which explained to these people assembled what 

our position was, at the time. It was more like sort of a 

status report. We had just gotten this information in our 

hands, really, and it was sort of a status report and we 

went and the media were there. It was covered pretty well. 

Then subsequent -- no, this must have been on a 

Monday because subsequent to that there was a meeting held 

by the:N.A.A.C.P. that night. 

Q Mr. Doyle, as you reflect back on that occurrence, 

do you consider that the city and your department and the 

police department reacted vigorously and effectively in 

connection with trying to do something about it? 

        
 



      

382 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
765 

  

A I think we did. I feel that we did everything that 

we could possibly do. We did it with no prodding from any 

particular group. We did it because we were vitally concerned. 

We, ourselves, were really concerned about the incident. We 

acted quickly, almost immediately, I would say, considering 

the fact that I would say we had to gather information. 

We acted on Tuesday afternoon. We decided what to 

do. It was made public that same afternoon and the man who 

was terminated was terminated that day. The men who were 

suspended, their suspensions began that day. We acted, I 

think, decisively. I feel that what we did was proper and 

I believe that the men involved who now are awaiting trial 

in the Court should be given due process as everyone else 

and that anything further we have to say or do concerning 

those men would probably tend to jeopardize the litigation. 

Q Now, do I understand you to say that you have formed 

an internal investigation unit and it is to ride herd on 

reports of such incidents? 

A Yes. Let me say that -- oh, since Captain 

Wimberly left the Mobile Police Department and went with 

the Sheriff's Department and since- Captain Walter Levine 

died, we have suffered from a shortage of men in that 

Captain's rank. It has been our intention to establish such 

a unit as long as ten months ago when we requested that the 

        
   



  

333 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

766 

1 

2 personnel board fill these existing vacancies, at least to 

3 give us a certification from which to choose people for 

4 these vacancies. 

5 At any rate, we recognized the need to have an orderly 

6 way in which complaints of this nature were handled and that 

vi the people who made the complaints would be properly 

8 responded to and they would provide to all due haste in 

9 resolving it. We determined shortly after -- well, all of this 

10 came to a head that rather than wait on the personnel board 

11 we would go ahead and form this unit. 

12 Q Let me interrupt you a minute. You can't just go 

13 hire somebody because you have a need for them, you have to 

14 get certification from the Mobile County personnel board? 

15 A That is correct. In other words, if we want 

16 personnel, we have to go to them and, obviously in a position 

17 like this, as extensive as it is, you can't just pick somebody 

18 and make them an investigative officer. They have to have 

10 the background and the knowledge. 

20 The opportunity presented itself when we discovered 

9 a former Mobile police officer retired and serving as the 

9 head of Faulkner State law enforcement school was interested 

- in coming back to the Mobile Police Department. We talked 

> to him and he agreed that he would and he would be the man 

25 
in charge of the investigative unit. That is Major Bill 

        
 



      

384 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

167 
  

  

Lamy, who served some thirty odd years with the Mobile Police 

Department. As a matter of fact, he had the job of 

investigating internal matters and also citizens' complaints 

before he left the City of Mobile Police Department. 

Major Lamy came and, as a matter of fact, he came 

on board after having notified his people of his intentions, 

he came on board on the first of July. We have not yet 

finished forming the unit. 

We believe, at this time, that we will probably have 

Major Lamy and two other police officers, sworn officers, 

plus some secretarial help, and already he is presently 

involved in conducting investigations whenever they come up. 

Q Do you, on occasion, Mr. Doyle, get complaints from 

whites as well as from blacks about alleged abuse of power 

by individual policemen? 

A Yes. We get complaints from all citizens. The 

police department, as you can imagine, we have a number of 

complaints. 

Q There has been some testimony here about the cross 

burnings. I believe someone has commented that you did not 

make any statement about that. 

What was your attitude about that matter? 

A Well, let me say that I deplore cross burnings. I 

deplore murder, rape, robbery. I deplore all of these things 

      
 



  

Li, 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

121 
  

24 

25 

them establish it, give them rules to go by, and give them 

some training and tell them what we thought would best help. 

Q What is the community relations division? 

A That is a division of the Mobile Police Department 

which -- well, community relations, we call it public 

| relations, it does things such as visit schools and that 

type of thing, show movies and we show movies to ladies to 

tell them how to protect themselves and we show movies to 

kids to tell them about the evils of drugs and residents 

about how to take care of their houses and we also have a 

regular program of visiting high schools and interest young 

people in becoming -- not necessarily police officers, but 

at least getting into the criminal justice system. We do 

that on a regular basis at all of the high schools. 

Q All of this done among blacks and whites and no 

distinction based on race? 

A That's right. It makes no difference. 

Q Mr. Doyle, the police department or certain of its 

activities insofar as employment and promotion practices 

are subject to the supervision of this Federal Court in the 

Allen case, are they not? 

A That's right. 

Q And you have an affirmative action planned in 

connection with that matter? 

        
i
 

a
b
 
—
L
S
L
A
A
 

 



  

386 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

172 
  

  

A That is correct. 

Q And in your opinion, how is that working? 

A We were directed by the court to develop a plan by 

which we could recruit minority people into the police 

department. As you know, and I will have to relate this to 

the activities of the Mobile County Personnel Board, because 

they are really the ones who are responsible with furnishing 

us with personnel. 

We were directed, along with the personnel board, 

to develop a plan by which we could attract minorities into 

the Mobile Police Department. We certainly needed that and 

we needed the minority groups in the police department. 

So, we developed a plan that was subsequently 

presented to the court and it was examined and found to be 

acceptable and we were told to continue or go forward with 

this plan, to implement this plan. I really would like to 

say, though, that we have not recruited blacks like we would 

like to recruit them to the Mobile Police Department. We 

haven't had as many applicants as we should and we certainly 

would like to have more. 

Q Do you have any plans to try to improve that? 

A During the incident, during the time of the incident 

I was given some references of people to contact. One, in 

particular, I indirectly contacted to see if he would be 

y 

           



  

387 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

713 
  

24 

25 

amenable to giving us some help and he has had a very good 

track record in recruiting blacks and it is my intention, at 

the proper time, to contact him to see if he can help us, 

not necessarily to change what we are doing, but to do it 

better or to add some inovated ideas. 

Q Is the fire department integrated? 

A Yes. 

Q How long has that been? 

A I really don't remember. It has been probably -- 

I think Mobile was the first fire department to have blacks 

on it in the State of Alabama. 

Q No Court suit ever brought on that? 

A No, never any court action. 

Q As a matter of fact, has the Mobile Beacon published 

a letter of commendation in connection with the fire 

department? 

A Well, that was in regard -- we were integrated, the 

Mobile fire department had blacks, but they were -- and this 

was back some six or seven years ago, they were in what we 
ma c——ma—. - en 

— 

call black companies. There was one company all black and 
. ct —————— 

| frm —————— — — 

there were no blacks in the white companies or vice versa. 

At some point in time it was my decision, along with 

that of the fire chief who, at the time, was Chief Douglas 

Melton, retired now, to as we put it, to break up the black 

        
 



  

“ 

2 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

~N
 

9 I   

  

departments, black companies, at least, and we did that and 

we put the black firemen out, all around in the different 

companies at different places, and the Mobile Beacon wrote 

a nice article in the paper about how much they appreciated 

it. 

Q The black community hadn't filed a law suit or 

anything of that nature? 

A No, no there wasn't a law suit. 

Q There had been some testimony here about the locatio 

of fire hydrants. I believe particularly about Mr. Randolph 

in the Plateau community. 

Just briefly can you tell us whether there is any 

discrimination by City Hall as to where fire hydrants are 

located, where there are more in black communities than white 

or anything of that sort? 

A No, sir. That is determined by the underwriters. 

What we do, the city of Mobile's water and sewer department, 

installs the fire hydrants and the City of Mobile pays for 

it. We go according to -- if the insurance people say one 

is needed here we put one there. In a new subdivision they 

will lay out exactly where fire hydrants will go. 

Q Some indication by Mr. Randolph of lack of response 

at City Hall to any matter that he brought to their 

attention. 

         



  

329 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

is located. 

Q In your opinion, is the question of where a traffic 

light should be and should not be determined by racial 

factors? 

A It is absolutely not. 

Q Briefly, outline to us, Commissioner Doyle -- and if 

the Court please, I expect to go into this further with 

Captain Winstanly who is directly in charge of it, but I 

would like just a brief outline as to how the police 

department determines the number of policemen to be patrolling 

various areas and so on. 

There has been some complaint by, I believe, a 

number of these witnesses that they don't get enough police 

protection in that particular area. 

A Yes, sir. Well, the city is divided, at present, 

the city is divided into three major areas. This is as 

it relates to the police department. 

One area is covered by what is known as the ten 

squad, one by the twenty squad and one by the thirty squad. 

The areas are divided into beats. It was about ten years ago 

that we had twelve beats. The city was divided into twelve 

-- the three areas were divided into twelve beats -- not 

twelve beats each, twelve beats overall. Through the years 

we have changed that. 

ta — mre — RES SSS TE 

         



  

390 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
778 

  

2 

(ep
) 

    | 
! 
T 

| A That's right, and that is based on crime statistics. 

We have changed from twelve to eighteen in order 

to give better concentration of coverage and then we went 

from eighteen to twenty-four and, at present, there are 

twenty-eight areas. 

When you say how do we determine and area, it is 

determined by -- naturally geography has something to do with 

it or maybe an interstate highway or something of that type 

might determine one boundary but we tried to divide it where 

the maximum per capita coverage will be available to all of 

the citizens. 

Every beat, as we call it, all of the twenty-eight 

beats, has a car, blue and white, assigned to it. 

We now have weekly crime stats which are given to 

us as to burglaries and robberies. telling us what beats are 

most heavily hit, whether it is the afternoon, whether it is 

the morning, whether it is nighttime and based on these 

statistics we shift people, always leaving one blue and white 

in each area, but we shift personnel to more or less beef up 

an area if there has been a particular outbreak of say house 

burglaries or automobile burglaries or what have you. 

Q I take it then that you try to determine, as best 

you can, what particular areas need additional protection at 

any given time? 

  

| 
] 

tl   
   



  

291 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

Q I will ask you whether, in your opinion, the efforts 

of the police department to provide police protection for 

the various areas of the city are determined in any respect 

by racial considerations? 

A No. 

Q Mr. Doyle, do youconsider that since your election 

as City Commissioner and your re-election as such, that 

you have fairly represented all citizens of this area? 

A 1. do. 

Q Has that been your purpose and intent? 

A Yes. 

MR. ARENDALL: 

No further questions. 

CROSS EXAMINATION 
  

BY MR. BLACKSHER: 

Q Mr. Doyle, you feel like you have always fairly 

represented the particular rised interest of the black 

community? 

A I. do. 

Q What are some of those particular rised interests? 

A Beg your pardon? 

Q What are some of the particular rised interests of 

the black community that you have fairly represented? 

779 

        
 



    

~1
 

  
  

392 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

I will let you make your record. Go ahead. 

MR. BLACKSHER: 

Mr. LeFlore made these recommendations about a 

citizen's review board as a way to deal with police brutality 

. complaints? 

A I think so. 

Q You disagreed with that? 

A Yes. I think I disagreed with the review board 

because it is demoralizing to any police force. 

Q Was there any other groups besides Mr. LeFlore and 

the NAACP who also asked for a review board? 

A I presume they did. They haven't recently asked 

for one. They haven't asked for a review board as related 

to the Diamond incident. 

Q What other groups have asked for a review board? 

A Well, they don't necessarily call them review boards; 

They call them by a number of names, citizen's committees, 

concerned citizen's groups or what have you. But they all 

probably have the connotation of being a review board. . 

There was a request by -- let's see, I think 

representative Cooper requested to have a committee, although 

he said not a review board, but a committee. One of the 

ministerial groups wanted a committee which, in my judgement, 

could have become a police review board.   

159 

    
 



  

393 
I FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  SLE Ne DA Ln — Sn Aue dr : SR SESE TAL H 

Bo
 

25 

  

| am sure the press wouldn't misquote me. 

| MR. BLACKSHER: 

| We offer this in evidence. 

| (Plaintiff's Exhibit 102 received and 

| 

| marked, in evidence.) 

| MR. BLACKSHER: 

| We have marked in pencil that statement and I want 

you to see if it refreshes your memory and whether you think 

i has is accurate. 

A I am sure that is accurate. He was, at that time, 

in regard to the City's attempt to get some law enforcement 

    funds, some funds from the Federal government to promote good 

law enforcement, and Mr. LeFlore was apparently calling on thg 

law enforcement assistance administration to withhold the 

| funds until we did whatever it was he was seeking for us 

to have done and that is when I said I was sick and tired. 

Q Let's talk a minute about the Diamond incident, 

Mr. Doyle. You said that the meeting attended by Mr. Diamond 

by the non-partisan voters league, the D.A. was there, the 

chief of police and you were the only commissioner. 

Are you sure that Mr. Mims was not also there? 

A I don't believe he was there. I believe I was the 

only commissioner there. It was a room full of people, you   understand, and there were a number of members of the non- 

1-492 

AL
4 

  
  

| 
|   

HM
AI
EE
 
|
 

e
e
 

 



  

394 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  
  1.793 

oo
) 

partisan voters league there, I know, and a number of secomeys 

3 there, too. 

4 Q You recall me being there, for instance? 

5 A I don't recall your being there or not. 

6 Q Mr. Brown was there? | 

7 A Yes. 

8 Q Reverand Hope from the non-partisan voters league? 

| 9 | A Yes. I believe so. 

10 Q Do you recall what Mr. Brown and that delegation | 

| 11 | asked you to do on that Thursday that the meeting was held 
| 

| 12 | the day after Mr. Brown had telephoned you on the phone and 

13 reported this incident? 

  14 i A Well, specifically, I don't know that I recall any | 

15 | demand that they made or any requests that they made. The 

  
    

16 | meeting, as I recall, was -- of dodrse it was an emotionally 

17 | charged meeting, as you can imagine, and we, as a city 

| 18 | commission and me and the police and other people, the 

19 ' District Attorney and others involved with the police 

20 department, were very upset about it. It was obviously, 

21 to us, the thing to do was , number one, to determine what 

20 | happened and that is what we endeavored to do. | 

29 Ti Now, it would not be proper for me; as police | 

| 

924 I commissioner, to take any precipitous action based on what | 

05 I had heard at that meeting. You understand this was the | 
5 4 Lm i pi a hc pe A = Cel iat ——   
   



3985 

| FEDERAL STENOGRAPHIC REPORTERS 

I P.O. BOX 1971 

| MOBILE, ALABAMA 

\ 794 
  

first time that I had heard it except the conversation on 

the phone with Mr. Brown. So, it wouldn't have been proper   
for me to take any precipitous action, at that time, until 

5 | I endeavored to find out what the facts in the case were, 

6 || and that is what we did. 

7 #AQ In fact, the precipitous action that that group 

8 | asked you to take was to suspend officer Patrick with or 

9 | without pay. In any event, to get him out of the line of 

10 || duty, because they thought he was dangerous; is that right? 

11 A That's right. 

12 THE COURT:   13 | Officer who? Is he the one that claimed to have 

14 | made some later statement about he put the rope around the 

15 man's neck? 

16 A Patrick was the officer who had admitted that he 

17 had done what was alleged to have been done. 

is || THE COURT: 

  19 All Tight, 

20 A Here again, we didn't know anything for a fact. This 

91 was what people were saying, their telling us. It was 

237] shocking to us to hear it. 

” | MR. BLACKSHER: 

94 | You didn't have Officer Patrick under investigation,   at that time? 

      
 



  

396 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
795 

    
  

  

  

  
2 | A Not in regard to this instant, no. 

3 Q Didn't you have him under investigation for some 

4 | other incident? 

5 | A I don't know. I am not familiar with that. Officer 

6 | Patrick, they say, you suspend Officer Patrick immediately. 

7 I Well, as a matter of fact, we did take Officer Patrick out 

  

8 | of the area in which he was in, out of the division he was 

9 | in, to get him away from what might have been a situation to 

10 jeopardize him or someone else, but it certainly wouldn't 

11 have been proper for me to say, ''Well, I believe what 

12 | everybody is telling me. Therefore, I am going to suspend 

13 Officer Patrick immediately.’ That wouldn't have been fair 
| 

14 | to him or anyone. The results were that he was, in fact, 

15 terminated. 

16 THE COURT: 

17 When? 

18 A On the following Tuesday afternqon. 

19 MR. BLACKSHER: 

Would the clerk show the witness Plaintiff's Exhibit       20 

91 65? 

99 I am showing you, in a group of newspaper clippings, 

2s | Mr. Doyle, marked as Plaintiff's Exhibit 65, the front page 

of the Mobile Register, Sunday morning, March 28, 1976. 
| 

| The headline is "CB Theft Suspect Shot By Patrolman’? | 

  

   



’ 397 
| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 | 
MOBILE, ALABAMA 

796 | ECE nde |   

A Right. 

3 49 Would you look that article over, especially the 

4 | parts that are underlined, and see if it refreshes your memory 

5 ||about Officer Patrick? 

    
  

6 A Yes. He is the one that shot the CB thief.. | 

: q This is the man who had two bullet wounds in each of | 

8 his thighs, a single wound in his right ankle and superficial | 

9 bullet wounds in each of his wrists? | 

10 | a That is what is reported here in this paper. | 

11 Q And that was approximately -- well, just a matter of 

12 || two or three days before this alleged lynching incident 
| 

13 | occurred, right? | 

14 A Let's see, this was Sunday morning. I guess that | 

15 a8 the Saturday night. It apparently was about a week | 

16 Snead or a week before. 

17 Q A week before? 

18 A Something like that. It was pretty close, right. 

19 Q And officer Patrick was not under investigation for 

on that shooting? 

9 A Any time a police officer discharges his weapon he 

" is under an automatic investigation. 

2 Q Isn't it a fact that the delegation that attended the 

vi meeting on Thursday pointed out this incident as being related 

i" and another reason for suspending Officer Patrick immediately, 

        
 



  

| 

1 

[] 

| 
i 

| 

| 

| even if suspending him with pay was necessary? 

Hl 
( 
1 

| 

  

398 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

A I don't recall that, but I am sure they brought 

that up. 

1 Q You said that on Friday, the day after the meeting 
I 
[ 
[| 
| 

[| 
| 
| 
Hi 

| 

I 

  
| 

that we were talking about...... 

THE COURT: 

Let me get some times straight. With reference 

to when attorney Brown called you on Thursday, when is the 

alleged mock lynching to have said to have occurred? 

A As I recall it was to have occurred ten days prior 

| to that, I believe. I am not positive of that time. 

THE COURT: 

Isn't there something that we can agree on? Aren't 

there enough facts that we can establish that time by 

agreement? 

MR. BLACKSHER: 

Yes, sir. 

MR. ARENDALL: 

If you have a copy of the indictment, wouldn't it 

state what date it was? 

MR. BLACKSHER: 

The grand jury report, which is the front part of 

the Exhibit 65, says that the event erupted on the night 

| of Mareh 28, 1976, which would be the same Saturday night. 

797 

        
 



3959 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
798 

  

22 

23 

24 

Do
 

Ar
 

Q
n
 

| 

| 

' THE COURT: 

With reference to the shooting incident. All right. 

Well, now, let's get dates we are talking about here. What 

| was the date of the Thursday that attorney Brown called or 

| mentioned it? 

| MR. BLACKSHER: 

    | 

I 
i 

I believe it was Wednesday, your Honor. 

[IA That's right. Wednesday afternoon, because we met 

on Thursday. 

THE COURT: 

All right. What was that day? 

MR. BLACKSHER: 

The 31st of March, is that a real date? 

THE COURT: 

All right. That would have been three days after 

the alleged incident. What is the date of the story there 

in the newspaper? 

MR. BLACKSHER: 

March 28th, is the date of the paper, which means 

that the event occurred on March 27th. 

THE COURT: 

All right. Go ahead. 

MR. ARENDALL: 

Judge, I must say I don't think you are wrong, but 

    

  
     



  

400 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

199 
  

9 I am looking at something here that is headed news release 

  

3 | dated April 15, '76 and it says here that Mayor Doyle 

received a formal detailed complaint from Mr. Diamond's 

- |lattorney on Friday morning April 9th. I don't know whether 

©]
 | that is another ....... 

  

      
  

. A That probably is right, except that it wasn't 

3 Friday morning. Well, we might have received something in 

9 Sota from him, then, but the meeting we had was on 

10 Thursday. 

11 MR. BLACKSHER : 

12 It says this, if I may read and just for the 

T jBuznase of trying to get this straight. 

1 | "Police department and City attorney immediately 

0 started an investigation at 5:00 P.M. That same day the 

be District Attorney's office and the FBI were informed and 

3 requested to conduct an investigation. On the following 

48 Tuesday, April 13, 1976, nine matters were called to the 

1 attention of the board of commissioners of the City of Mobile'l, 

Ba and, at that time, we thought we had sufficient facts and 

5 so forth and the talk goes on. This is part of out Exhibit 

os 173. Whether it is accurate, I don't say, but it is dated 

5 April 15th and it would hardly appear to me that there would 

” Ibe a news release on A pril 15th that we would be very off 

fon these dates. 

| 

|    



P.O. BOX 1971 

9 401 
{ FEDERAL STENOGRAPHIC REPORTERS 
[1 

| MOBILE, ALABAMA 
800 

  

It would appear to me that the Tuesday on which 

| 
| Pataick was fired must have been April 13th and then....... 

| THE COURT: 

5 | Well, certainly we would have some record of when 

6 he was terminated, don't we? Can we establish that date and 
| | 

get at it backwards from that date? | 

2 11a The complaint was made by phone Wednesday and the 

9 |{detalils of it was Thursday and ...... 

10 THE COURT: 

11 All right. Let's go back at it from that date. Do 

12 some of your records indicate when he was terminated?   13 |IMR. ARENDALL: 
I 

Te I am looking, Judge, to see. There ought to be 

5 some newspaper articles somewhere around here that would show. 

16 || THE COURT: 

Why don't you examine the City records at Noon time 

18 and report back to us. Let's go on to something else. 

9 ||MR. BLACKSHER: 

Mr. Doyle, you testified, didn't you, that following 
20 

91 the revelation of the Diamond incident, you initiated or 

99 ordered a very intensive investigation of this and other 

oq || Matters that were before you, at that time, other complaints? 

94 A Right. 

Q Now, when you say a very intensive investigation, how 
| 
| 

No
 

i
n
 

          
 



    

A Well, for one thing, it involved the administration 

  

  
| burglaries, primarily auto burglaries, which involved primaril 

402 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

much more intensive was it than investigations you have 

previously conducted in response to these complaints? 

of polygraph examinations which the others hadn't. It also 

involved more interrogation of people in the community and 

I guess you would say when we asked an officer for a state- 

ment and he writes a statement, that is one thing, but when 

we actually question him at length then we went into it a 

little deeper trying to get at the root of all of the problems, 

trying to get at the root of all of the problems as regards 

to the number of complaints that we had. 

Q You mentioned earlier that you had three major 

areas for patrols, the tenth squad, twenty squad, thirty 

squad -- what is the six hundred squad that Mr. Patrick was 

in? 

A The six hundred squad, you know, I mentioned to that 

whenever we found or whenever the statistics indicated that 

we had a particular problem in a particular area we more or 

less beefed that area up. The six hundred squad was formed 

in order to address itself to the increasing problem of 

CB radios. The squad was formed and they were not put on -- 

I can't get too technical about how they were deployed, but 

they were not assigned during a regular tour of duty. 

Ly 

801 

     



403 

| FEDERAL STENOGRAPHIC REPORTERS 

I P.O. BOX 1971 
MOBILE, ALABAMA 

—t. 502     

2 We would take from statistics a framework of time. 

3 | If we determined that the critical hours, as far as automobile 

burglaries were concerned, were from ten o'clock in the 

5 || morning until approximately four o'clock in the afternoon, then 

6 that is the time that the squad would be on duty. It was 

7 || formed particularly to address itself to the burglary problem 

3 | in Mobile. It was in addition to the others. 

eo 10 When was it formed, Mr. Doyle? 

voi HA I don't know exactly. It has been back some time 

11 ago 

12 Q Nineteen sixty-nine? 

13 A No, no. More recently than that. Like I said, I 

14 don't know exactly when it was formed, but I would say probably 

15 within six months, maybe, something like that, prior to this. 

  
16 Q What geographical area of the city did it work in? 

17 A It moved around, depending on these statistical 

18 data that we got every week. If the statistics show that the 

19 area needed attention and was, say, the Loop area, that is 

a0 where they would be. If it-shifted to Toulminville that is 

o where it would be, or downtown, or whatever. 

25 The deployment was dictated as to what statistics 

5 showed the need was. 

Q Did the six hundred squad have any special orders 

concerning what kind of tactics or measures they could take? 

      
 



  

404 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

803 
  

no
 

A No. The six hundred squad was given the mission 

of reducing burglaries.   
4 IQ They weren't given any particular license, for 

5 | example, with the use of weapons? 

6 a Absolutely not. 

Be Lic Do you know whether, after you investigation, 

8 | whether, in fact, some of the police supervisors had given 

| 
9 | this license to these officers? 

| 
10 4=A Our investigation revealed many times about instruc- 

11 | tions that had been given these men. I don't know that it 

12 would be proper for me to go into detail about that since 

| 
13 all of these men have appealled this to the personnel board 

| | 

14 under the grievance procedure and two of them have appealled 
| 

15 | their terminations, and at the risk of jeopardizing either 
| 

  
16 pro or con, I don't think it would be proper for me to 

17 comment on that. 

18 Q Well, your testimony is that you feel like you have 

19 acted immediately and decisively in this matter? 

20 A Absolutely as quickly as we possibly could. 

21 Q You did say the City Attorney, Mr. Collins, confirmed,     99 [bassd on his interview of police officers, this alleged 

23 | lynching had, in fact, taken place some four or five days 

24 | before you acted to suspend Mr. Patrick? 

A Mr. Collins came to me and we were all involved in 

| 

{ 

to
 

i
n
 

    = i 0 
| 

 



  

3 405 
| FEDERAL STENOGRAPHIC REPORTERS 
| P.O. BOX 1971 

MOBILE, ALABAMA 
804 

2 | this, by this time, as you can imagine. Mr. Collins came and 

3 | said to me on Friday that the information that he had, at 

4 | that time, which now the information I am talking about would 

5 | be statements taken from various officers, but he said the 

6 || information that he had gotten so far indicated to him that 

1
 | ir had, in fact, occurred and then our reaction to that was 

8 that well we have to get all of the information, which meant 

9 we had to take statements from every officer involved and 

10 their supervisors, too. 

11 Q Wasn't it true that the various delegations from the 

12 || black community -- that the point they were making was why 

13 || can't you suspend people without even penalties attached to 

14 it first and then conduct the investigation later? 

5 A I think that we acted properly in the way we handled 

16 it. 

17 | Q You also said, although you deplored cross burnings, 

18 you did not feel any obligation to make a public statement 

19 about them any more than you feel about burglaries or rape? 

20 A That is correct. 

91 Q Were you aware or weren't you aware that these 

99 cross burnings were creating particular anxiety in a large 

93 community here in Mobile? 

9 A I might add that the majority of the cross burnings 

were in Mississippi or Baldwin County, but certainly an 

        
 



  

406 

  

  

  

  

    

I FEDERAL STENOGRAPHIC REPORTERS 
I P.O. BOX 1971 
i MOBILE, ALABAMA 

Rae co | : —— ins B0D 
1 | z 

2 | outbreak of violence of any kind creates concern. 

3 | This kidnapping of the 26 children and burying them 

4 | under ground creates concern. I was equally concerned about 

5 | the cross burnings as I was about everything else. | 

6 ' Q For the record, now, the twenty-six children kidnapped 

7 EAE in California, right? | 

8 A Well, sure. | 

9 Kk ‘Would the clerk show the witness Plaintiff's Exhibit 

io i622 

11 Now, this is a newspaper article from the Mobile 

12 Press Register dated Friday morning, June 25, 1976. It says 

13 that, and I am reading from the third paragraph, Mr. Doyle, 
I 

14 | "State Troopers reported at least twenty-five crosses set 

15 afire in the two southern most Alabama counties! meaning 

16 Baldwin and Mobile, correct? 

17 A I presume that is corfect’ Southern most, yes. 

18 Q "Meanwhile at least seven crosses were reported 

19 in Escambia County, Florida in front of black churches', and 

20 then the top of the next column, ''Mobile Police said one 

91 cross was burned off of Avenue A on Cottage Hill Road in front 

33 of a black man's house'; were you aware of that? 

53 | A I was given a report on where they were burned. I | 

» don't recall whether it was in front of a black man's house | 

Or not. | 

       



407 | 
| FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

    

| 

LL EN SEE a EEE SOO 
ti 

| 
2 | Q Mr. O'Connor, would you show the witness Plaintiff's 

[| 

3 | Exhibit 101? 

4.4 Do you ever read the Mobile Beacon, Mr. Doyle? 

5 A Not very often. 

6 || Q Well, what we have here is Plaintiff's Exhibit 101, 

7 | a xerox copy of the front, and it looks like the second page 

8 | of the Mobile Beacon, dated July 3, 1976. The headline 

is, "Cross Burnings Threatening Letters Raise Concern in 

10 || Black Community', and on page two of this article, in the 

11 third column, it says, ''Mobile Police Report Three Burnings 

192 and State Troopers Estimated As Many As Twenty=Five Crosses 

13 Were Burned in Mobile and Baldwin Counties'. 

Ww i So, even if all -- well, the balance or twenty-two 

15 | of the crosses were burned in Baldwin County, at least three 

16 were burned in Mobile and perhaps more, but you said you 

17 weren't aware or were you aware that these cross burnings were 

18 creating some anxieties in the black community? 

19 A I am aware that they created anxiety as other 

20 matters create anxiety. 

91 Q Well, isn't it a fact, Mr. Doyle, that because of 

99 the particular constituency that elected you and keeps you 

- 93 im office that that would have been difficult for you to   
politically come out strongly about statements about cross 

3]
 

A
n
 

      
 



  

408 

FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

MOBILE, ALABAMA 

a ee 3807 
  

go
} | burnings in Mobile? 

(l 

3 WA I don't think it would make a bit of difference. 

  

4 My constituency, they abhor cross burnings as much as I do.   
5 I don't think that if I said I abhorred it publicly on the | 

6 front page, it wouldn't make any difference. They abhor it, | 

7 | too. 

8 0 You didn't think it was important enough to do 

9 thar? 

10 A That is correct. 

11 Q You did meet, however, in the wake of the Diamond 

12 || incident with a Klu Klux Klan, correct? 

13 A They requested a meeting in my office, which was 

14 “Hf held: 

15 Q And that was reported in the paper? | 

16 A I didn't report it. It was reported because the 

17 media were there. 

  
is IQ Concerning the Mobile fire department, Mr. Doyle, 

10 what percentage of the employees of the Mobile fire department 

00 || are black? 

2] A The fire department has twenty-seven black people 

23 and four hundred and nine white. 

25 Iq Have you done any recruiting for black firemen like 

gy YOU have for black police officers?   A We don't have a specific program as we do for the 

no
 

A
n
        



409 
| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

| MOBILE, ALABAMA 

|| 812 
  

number two and it will establish a rating for the fire 

department itself. 

4 | Q Do you know when the last final report was written, 

5 | Mr. Doyle? 

6 | A I am not sure. I think it was 1964. I am not sure. 

78420 I was going to ask you again, is it your testimony 

  8 || that you don't see that the black citizens or the black 

9 | community in Mobile have any particular rised interests 

10 different from those of other groups? 

11 A If you would, Mr. Blacksher, tell me just exactly 

12 what you mean by particular rised interests. 

3 1 Q Well, let me ask you the question this way, are 

14 you in favor of the City of Mobile enacting a fair employment 

15 ordinance? 

16 A We are always -- I mean, through the personnel board, 

17 equal opportunity employors. 

18 Q I am talking about a city ordinance prohibiting 

19 discrimination by private or public employors in the city of 

20 Mobile?   921 A If we were actually doing it already, what is the 

99 need of an ordinance? 

2 “10 So you see no need for such an ordinance? 

24 A Not as long as we attend to treating an employee 
| 

05 fairly. | 

      
 



  

410 
i FEDERAL STENOGRAPHIC REPORTERS 
| P.O. BOX 1971 
| MOBILE, ALABAMA 

I 813 
  

  

2-40 Are you in favor of the City of Mobile enacting a 

3 || city ordinance making it unlawful for persons to buy residences 

  4 | on the basis of race? 
| 

3 1A As long as the end is being accomplished, whether or 

6 I not you have an ordinance would seem to be superfluous. If 

J
 we are, in fact, allowing people to do these things. I don't 

    

  

  
    

8 | see any point in having..... | 

9 Q You say we are allowing? | 

10 | A I did not say that. I say as long as people are 

un being allowed. 

12 Q Are you aware of whether or not people are being 

13 | allowed wherever they want to buy? 

14 | a I have heard absolutely no complaints. 

15 a Do you know whether or not there have been complaints 

16 | filed in Federal Court under the federal laws? 

17 | A I don't know. 

18 | MR. BLACKSHER: 

19 | The Court can take judicial knowledge of its own 

20 | records, but I know of and have handled at least eight cases. 

91 1 think the Court can also take judicial notice that the 

79 | Federal Fair Employment law contains a provision through 

23 | which Congress has expressed a preference for local govern- 

3) | ments to enact their own Fair Employment laws to which the | 

| Federal Court must defer, if there are same. | 

| 

 



411 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
814 

  

  

| MR. BLACKSHER: 

    

  

~ the burning of crosses in the City limits of Mobile? 

A I think it is probably illegal to do that on public 

| right-of-way all ready. Now, as to whether or not -- to say 

| it is illegal to burn a cross on private property, if someone 

an ordinance of someone burning a cross on someone's property 

A Let me say this, I am certainly in favor of people 

being hired in an equal opportunity way and being allowed 

to live where they please. 

Are you in favor of enacting an ordinance prohibitinj 

decided this, that they wanted to burn a cross or anything 

on their front yard and it didn't violate the environmental 

rules or anything, then I don't know that we should properly 

deny him the constitutional rights to burn whatever he 

pleases in his front yard. 

Q What about this cross that was burned on Cottage 

HiX1:Road in front of ...%.. 

THE COURT: 

I think what he is asking you is with reference to 

who is not there, is that what you are getting at? 

A Yes. I am certainly in favor of prohibiting, by 

law, such as a cross burning that would be apt to upset 

the commun i ty in any way. I think if we could prohibit it 

by law properly without violating someone's constitution 

uQ
 

    
| | 

| 
| 
|   
 



  

412 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

00
 

jr
 

In
 

  

2 | rights, I think it should be done, yes. 

3 | MR. BLACKSHER: 

4] When you were campaigning in 1969 -- I realize 

5 you were unopposed in '73. Therefore, I presume you didn't 

6 | do much campaigning in '69 when you were campaigning for this 

7 office. 

8 In your campaign, did you advocate fair employment 
I 

9 | opportunitites? 

10 | A I think probably I made the same general remarks that 

11 I was in favor of everyone being able to work and earn equal 

12 with others. 

13 Q Mr. Doyle, do you disagree with all of the white 

14 and black politicians who have testified in this trial so 

15 far that a black candidate running at large in the City of 

16 Mobile..... 

17 THE COURT: 

18 Are you going to be with him much longer? 

19 MR. BLACKSHER: 

20 No, sir. 

o; || THE COURT:   90 | The reason I say, it is twelve and we might as well 

93 || let him come back after lunch. If we can finish up in five 

| minutes or so, go ahead. Mr. Arendall, do you have rebuttal? 

| MR. ARENDALL: 
      | 

| 

| 
25 | 

| 
| 

 



413 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

816 
    

  Just for a couple of questions. 

THE COURT: 

Are you planning on being here this afternoon? 

A I would just as soon go and come back to finish up. 

THE COURT: 

All right. 

MR. BLACKSHER: 

I was going to ask you if you agreed with the other 

people that have testified that a black candidate would have 

little or no chance winning an election running at large in 

the City of Mobile? 

A Well, I have always said the politics is the art of 

the possible and if you are given certain ingredients, I 

believe anyone can win an election. 

If you have a willing candidate and if you have 

enough money and if you have a program that you can sell to 

the people in a proper way I believe anyone can be elected to 

office. I will add, however, that I think both blacks and 

women have less chance. 

Q All other things being equal, Mr. Doyle, would you 

personally be in favor of single member districts out of 

which the Commissioners or councilmen of the City of Mobile 

would be elected? 

A I believe that the present form of government has 

        
 



  

414 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

in I hs an : it § 
  

. THE COURT: 

MR. ARENDALL: 

  

  

(RECESS) 

All right. You may proceed.   
If your Honor please, during the noon recess, 

Mr. Doyle checked his secretary's calendar and it appears | 

that the call from Mr. Clint Brown came in on April 8th, 

a Thursday, sometime between eleven-thirty in the morning 

and three-thirty-five in the afternoon, the exact time was 

not noted, because he accepted the call without his secretary 

making some notation that he had called at a certain time 

and it appears that the meeting with some of those who 

were concerned was held the next day, that is April 9th. 

So that it could properly be referred to as a Friday meeting 

rather than a Thursday meeting. 

My understanding is that Mr. Blacksher's own notes, 

to the extent that he has them, indicate that that is 

correct. 

i THE COURT: 

Fine. Thank you. Are you through with the witness 

MR. ARENDALL: 

Yes, sir. 

THE COURT: 

Whom will you have next, please? 

  

| 

  
  

821 

~~
 

 



415 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  | | | | | | ©
 

nN
 

o
H
 

2 Q Now, Mr. Mims, in your 1965 race for the City   
Commission were there seven candidates including the then 

incumbent, Mr. Charles Trimmier?   
5. HA Mr. Trimmier was a candidate and I am sure that 

6 || number is correct. 

7 Q I will ask you whether or not, in that election you 

8 had a runoff between yourself and Henry Luscher, Jr., whose 

9 father had previously been a member of the Commission? 

10 A This is correct. 

11 Q In 1969, were you again opposed by Mr. Henry Luscher) 

12 Jr., as well as Charles F. Cooper and were you re-elected 

13 without a runoff? 

14 A This is correct. 

15 Q In 1973 were there six candidates, including 

16 Alphonso Smith and Lula Albert, who were black? 

7 A This is correct. 

18 Q Did you win in that race without a runoff? 

19 A I did. 

20 Q Mr. Mims, in that race did you seek black support? | 

N A I have always sought black support. | 

22 Q Did you have any blacks active in your political   23 campaign? 

24 A Yes, I did. 

25 Q Could you identify any blacks who gave you particu- 
ate ie RARE MSI 

  

| 
| {     
 



  

416 
FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 
| MOBILE, ALABAMA 

825 
  

  

larly strong support? 

  

  

3 lald Well, there was Reverand Tunstall, and Mr. Evans 

4 and a number of other blacks who played a good part in my 

3 | campaign for re-election. 

& Iq Did you visit the non-partisan voters league? 

7 J A Not in the '73 campaign. When I ran in 1965 I 

8 was screened by the non-partisan voters league. | 

9 | Q Did yougo to the polls in 1969 and do you remember 

10 any of the activities of Mr. Beasley, at that time? 

11 | A Yes, I do. 

12 Q Tell us about those. 

| A Well, it has been my policy, every since I have 

14 been involved in politics, on election date, to make as 

15 | many polls as possible and, on that particular election day 

16 | in 1969, Mr. Beasley was, if my memory serves me correctly, 

17 | standing at the ward ten balloting place on Davis Avenue and 

18 | it was my understanding that he was actually discouraging 

19 black people from coming to the polls and participating in 

2 the election process. 

91 Q Mr. Mims, before we go into details with respect 

99 | to your responsibility as public service commissioner, I would 

9s like for you to outline for the Court the basic set up for 

24 the supplying of various governmental services to Mobilians? 

5 | First, Mobile Water and Sewer Board, what is that? 

      
   



  

417 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

  

| A Well, the Mobile Water and Sewer Board is an 

| entity separate from the City Commission. The members of 

- which are appointed to that board by the City Commission 

and this board has the responsibility of providing water and 

sewer service to the citizens of the City of Mobile. 

Is it established by State law? 

This is correct. 

Is Mr. Milton Jones a black, a member of that board? 

He is. 

Does that board handle City drainage matters? 

Not storm drainage matters. 

That is a function of the City government, itself? 

> 
Lo
 

O
o
 

> 
OO
 

> 
oO
 

This is correct and, under the specific duties of 

the public works commission. 

Q All right. Mobile County Health Department. Would 

| you give us the relationship of that unit to the City 

government? 

A Well, the Mobile County Board of Health has 

members who serve at the pleasure of the County Commission, if 

I am not mistaken. The City Commissioners do not appoint to 

this board. 

However, by statute, by State law, each municipality   within the County, as well as the County, has to contribute 

| | 
to the Board of Health and in the case of the City of Mobile 
    AP
RA
 

Hl
 

 



  

  

418 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

we contribute far more than the amount that is prescribed by 

law. I think we support the Board of Health at the tune of 

two dollars and forty cents per capita when the State law 

actually requires sixty cents, if I am not mistaken. 

| Q ~ Mobile Housing Board? 

A The Mobile Housing Board is also a separate entity an 

its function is to provide public housing for the City of 

| Mobile and the members of that board are appointed by the 

Mobile City Commission or more specifically the mayor, who is 

serving, at that time. 

| Q Is that the agency that has been charged of public 

housing here and works with the Federal agencies in that   

  
regard? 

A This is correct. They work for closely with HUD and 

the other Federal agencies and, in the past, had been 

designated as our urban renewal agency in the City. 

1 Q Was Mr. John LeFlore a member of the board? 

A He was for a number of years. 

Q Is there currently, on the board, Mr. John F. Grey, 

who is black?   A He is black, yes. 

LQ And he 1s on that board? 

A This is correct. 

Q Mobile County Personnel Board? 

827 

       



419 
FEDERAL STENOGRAPHIC REPORTERS | 

| P.O. BOX 1971 
MOBILE, ALABAMA 

  

1828 

| 
2 | A Well, the Mobile County Personnel Board is certainly 

3 separate from the City Commission. In fact, in many cases 

4 || has more power, in my opinion, than the City Commission, 

5 | because it tells us what to do. 

6 I It is a three member board and these board members 

7 | are selected by a supervisory committee that is made up of 

8 one representative from each of the participating governmental 

9g || entities. 

10 Q That would be the City of Mobile has only one 

11 member on the supervisory committee? 

192 A This is correct. And I think there are seventeen 

13 members of that committee, and it has been a contingen of   14 the City government for a long time that there is a terrible 

15 1inadequaty that exists here inasmuch as we are called on to 

16 pay fifty-five percent of the operating costs of this board, 

  

  

17 || yet we only have one vote out of seventeen in selecting the 

13 | board members and, of course, the board members then select 

19 | a director and they operate the program and screen all 

20 applicants for job opportunitites in the City as well as in 

91 all of these other governmental agencies. 

22 || Q When the City considers that it wants someone to -- ] 

| 
| 

03 | or wants to fill a position on the City payroll, what procedure | 

is followed? 

A Well, if we want a secretary, for instance, a position 

ee         | 

[ 
| 
| 

| 
25 | 

| 
| 
| 
i 

 



  

420 
FEDERAL STENOGRAPHIC REPORTERS | 

  

  

  

  
    

P.O. BOX 1971 

MOBILE, ALABAMA 

1 > 

2 | is opened for secretary or a position has been vacated, and 

3 | we need to fill that vacancy, we notify the Personnel Board 

4 that we need to fill this vacancy. They, in turn, furnish us 

5 | with a certified list of qualified people. 

6 | In other words, when we get the list from the 

2 | Personnel Board we have the assurance that the names on that 

8 | list have been examined and screened and they are qualified 

9 | to do whatever it is that we need to have done and, in this 

10 | case, we are talkimg about a secretary. So, we have five 

11 | names on the list, say, and then we have the privilege of 
| 

12 | selecting from the top three and every vacancy within the 

13 | City, with the exception of the City Attorney and one or 

14 two appointed positions, every one of them are handled just 

15 | this way. 

16 | Q I understand they give you a list of five names, 

17 | but you may only select from the top three? 

18 | A Well, I just used the number five, there could be ten 

19 on the list, we still can select only from the top three. 

20 | Q Out of curiosity, why do they give you more names than 

51 three, then? 

5s | A Well, these names move on up the list. Say there are 

a | ten names on the list for stenographic secretary, within the 

by system and the City of Mobile this week needs a secretary and 

3 we take the one right off the top. Well, then, the number 

|   
 



421 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  
Authority that handles the public transportation for the City 

two person moves up to number one and say maybe the County 

might need a secretary and they can select from that top 

three. 

Q I see. Are there any other agencies that are actually 

not part of the City of Mobile's government that perform 

important function in providing public services that I have 

not asked you about? 

A Well, we have recently set up the Mobile Transit 

and then we have an interim airport authority that assists 

the airport commissioners and the City Commissioners in the 

operation of the airport. 

Q Both of those established under State law? 

A Well, the transit authority is under State law and 

it is my understanding and we hope some day to have a perma- 

nent airport authority, however, at this time, it is kind of 

an acting authority, for lack of a better word.. We have 

used interim airport authorities. 

Q Does the City subsidize bus service in Mobile? 

A We do to the tune of three hundred thousand dollars 

a year. 

Q Would you give us any estimate as to the percentage 

of blacks and whites respectively who ride the buses? 

A Well, I am sure I am correct in saying that the large 
  

      
 



  

| 

=
 

  | Plaintiffs have introduced as their Exhibit 64 a list 

  
  

422 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

831     
  

percentage of riders would be blacks and it is my under- 

standing that only four percent of the people of Mobile 

actually use the service in any one given day. 

Q That is both black and white? 

A Right. 

Q Would it be fair to say that an overwhelming number 

of the actual riders are black? 

A This is correct. 

Q Now, let's go to City committees, Mr. Mims. I don't 

know whether you were present in Court or not, but the 

supplied by us at their request of all the boards and 

committees and so on that are or have been around Mobile in 

recent years and I am just going to have to go down them one 

by one. 

The board of adjustment, is that an agency required b 

State law? 

A Yes, and it is one of the more active boards. 

Q What does it do? 

A It rules on variances. For instance, if the person 

wants to add on to his house and build a garage and it is goii 

to go over near the line closer than the six foot that is 

allowed, then that person would come befere this board of 

adjustment and get a variance. 

<
 

     



  

  

  
    

ro
 

(1
 

423 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

REE, —— En Se are SEE ————ee rr - mit tte se —— gE erasers —   

Q Doesn't he first go to the City planning commission 

and then to the board of adjustment or does he? 

A No. I don't think so. The planning commission is 

another planning function that I imagine we will get into 

later. 

Q All right. Of the seven members of that board, is 

one of them black? 

A Yes, he is. 

THE COURT: 

Just one minute. PhRase state for me the function 

of that board. | 

A Your Honor, the function of that board is to grant 

variances. 

THE COURT: 

Zoning laws? 

A Well, we have a zoning commission, too, that acts on 

property of two acre plots and larger, but say you have a 

plot that was smaller than two acres and you wanted to get a 

special exception to put a special business or expand your 

house beyond the normal limits or something like this, you 

would come before this board of adjustment and ask for an 

exception and they hear all of these cases and either grant 

or deny your request. 

THE COURT: 

     



  

424 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

| MOBILE, ALABAMA 

I 833 iE 

| 
| 

  

  

Mr. Blacksher and Mr. Arendall, for quick reference 

3 for study. in the future, if there is no objection, I am going 

    4 | to make some pencil notations on the Exhibit, for instance, 

5 | like board of adjustments set up by State law. Any objection 
| | | 

6 | to me doing that? | 

7 | MR. ARENDALL: 

8 i No, sir. 

9 || MR. BLACKSHER: 

10 | No, sir. 

  11 || THE COURT: 

12 Let the record show that any notes on here will be 

13 | made by me in pencil and if the attorneys have any objections 
I 

14 | when it is over with, I will hear from you. Go ahead. 

MR. ARENDALL: 

  

    
16 Mr. Mims, the board of adjustment would also handle, 

17 | would it not, what are called applications for exceptions 

18 | from zoning ordinances as, for example, when jacinto port 

19 | wanted to put the fragnation plant out there on the jacinto 

20 | port property. They had to go to the board of adiustuent 

21 | to get a so called exception from the zoning ordinance, did 

29 | they not? 

93 | A I am sure this is correct. 

24 | Q The next on the list if the air conditioning board. 

” Is that appointed by the City, iteelf? 
  

| 
| 

|    



  

425 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

25 

A Yes. But there are some requirements that -- I don't 

have the ordinance in front of me. There are some specific 

regulations as to who goes on there. In other words, it has 

to be someone who is familiar with the air conditioning or 

refrigeration -- in other words, you don't pick someone who 

doesn't know anything about that. 

Q What does this board do? 

A Well, they screen the applicants for refrigeration an 

air conditioning licences, as I understand it. 

Q Well, let me read something to you and ask you if thi 

sounds approximately correct. 

The qualifications for membership on this would be 

one, air conditioning refrigeration mechanic who is mominated 

by the Mobile Chapter of Refrigeration Service Engineers 

Society. One person whose principal business is registered 

air conditioning and heating firm nominated by the Mobile 

| Mechanical Contractors Association. One who is nominated by 

| Mobile Air Conditioning Contractors Association. Ome 

independent practicing mechanical engineer registered in the 

State of Alabama and one representative of the public. 

Does that sound about right? 

| A It sounds like it is. 

| Q Now, the next one is the architectural .....   THE COURT: 
     



  

426 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

835 
  

J Wait a minute. I didn't get the function of that 

3 board. 

1 A That board, as I understand it, your Honor, screens 

5 | applicants for air conditioning licenses and what not, anything   6 | to do with air conditioning and refrigeration. The purpose 

7 is to make sure we have qualified people to come to our places 

8 of business or your homes. In the event you call an air 

9 conditioning man you can be assured, if he is functioning in 

10 | the City of Mobile, he is qualified to work on your air 

+ conditioning and not flim-flam you, so to speak. 

12 | MR. BLACKSHER: 

13 | Your Honor, I don't think that guarantees my air 

14 | conditioning work, does it? 

15 MR. ARENDALL: 

  

ie The next on the list is architectural review board. 

7 | Tell us what that does. 

18 | A Back to the architectural review board, the board 

19 | would review the plans on any remodelling projects or any 

20 | alterations to any building that might be in a historic 

91 district. The City of Mobile has several historic districts 

99 || and you have to go before this board before you can make any 

alterations to a building in these districts and this is to 

| assure that the district remains historic and all the buildings 

are compatible with the period, whichever period you may be 

      
 



  

  

    

    
    

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

| MOBILE, ALABAMA 

he Can mt 836 
1 

2 | dealing with, and again these members are from specific 

3 | organizations such as the historic development commission = 

4 | a member. The preservation society and various other 

5 organizations make recommendations to us as City Commissioners 

6 | and we appoint to this board. | 

7 | Q The American Institute of Architects is also | 

8 recommended to you by the Mobile Association of Architects? 

9 | A This is correct. 

10 Q Next on the list is the audiotorium board. 

11 A Well, the audiotorium board is an active board and | 

12 | it is set up to assist the Commissioner in charge of the | 

13 | operations of the audiotorium as well as the City Commission | 
a 

14 | in the operation of the audiotorium that serves the entire | | 

15 | community. | 

16 Q Of the twelve members are three black? 

17 A I am sure that is right. | 

13 | THE COURT: 

19 | That is what the Exhibit shows. 

20 A It varies, from tine to time. I think there have been | 

01 more and there have been less. ] 

», | MR. ARENDALL: | 

23 There has been some reference in this case to Mr. Gary | 

9% Cooper who has testified. Was Mr. Cooper, at one time, a | 

9 member of the audiotorium board? | | 

= Pa £5 | ; 
|   
 



  

gv
) 

  

  

| time an appointment came open on the board I appointed 

    

    
  

428 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

831   

A Yes, he was. I appointed him. 

Q How did he happen to get appointed? 

A Well, Mr. Cooper walked into my office one day. I had 

never seen him before in my life. 

He was tall, handsome, black man and introduced himse 

as Gary Cooper and I said, "I am glad to know you." We 

chatted for a few minutes. He said he had just returned from 

the military. He had been a major in the Marines or whatever 

branch of the service he was in and we had a nice long chat. 

He expressed an interest in civic affairs and the nex 

Mr. Cooper to the audiotorium board which, I think, was his 

first civic appointment after returning from the military. 

Q Mr. Mims, is it fair to say that on many of these 

boards and committees it is difficult for the City to get 

people willing to serve and if someone will show some interes 

in participation in civic affairs they likely can get 

appointed to most anything they want to? 

A This is correct. We look for people we can appoint 

to boards and commissions. You just don't go out and, you 

know, reach in the sky and get a name of someone, you don'y 

know a thing about or don't know anything about their 

performance or don't know that they even have a desire to 

1f 

  serve. 

| | 

  

   



429 

  

  
  

  

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

MOBILE, ALABAMA 

— 838 
1 

2 | We try to put people on these boards that have an 

3 interest in the particular area of responsibility and people 

2 who are willing to serve. 

5 Taq What is the Mobile beautification board? 

6 | THE COURT: 

i Does the City appoint all members of the audiotorium | 

8 | board? | 

9 | A Yes, your. Honor. | 

10 | THE COURT: | 

11 | All right. | 

12 : A If I might add, we try to divide these between the | 

13 | three commissioners. If there is twelve members on the board, | 

14 | then four would have been appointed by one commissioner and | 

5 | four by the other and so on. You ask about another board? | 

16 MR. ARENDALL: 

17 | The Mobile beautification board? 

18 | A Well, the Mobile beautification board was set up several | 

19 | years ago to do just what it says it does, try to beautify 

20 the City and make it more beautiful and engage the community | 

91 | in civic pride and clean up programs and things such as this. | 
| | 

99 | Q Does it largely relate to shrubbery and things of | 

99 | that sort, or what? 
[| 

24 A Well, it has had, as its projects on a number of 

a5 3 occasions, the planting of shrubs along various boulevards 

I     
 



  

  

  
  

430 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

in different sections of the City, yes. 

Q Mobile bicentennial..... 

THE COURT: 

I want to know who appoints these, each one of them? 

A The City Commission. 

THE COURT: 

All right. Go ahead. 

MR. ARENDALL: 

Q Mobile bicentennial community committee. Who appoint 

ir? 

A The Mobile City Commission set up this committee 

for the special purpose of celebrating our bicentennial and 

they have been quite active during the past year and, at this 

point, they are phasing out and cease to be after this year. 

Q Central City Development Authority. What is that? 

A This is a fairly new organization that has been set 

up to try to rejuvenate the downtown area of the City as well 

as an area just west of the downtown corridor and it reaches 

out to the loop area and it is very active in trying to 

restore a lot of the area that could, on the other hand, 

deteriorate. 

Q Mr. Mims, I notice from Exhibit 64 that at least, at   
the time that we gave that information to the Plaintiffs, 

Ss 

  

 



431 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
840 

  

° || since then or do you know? 

BONEN Well, yes. There are several. In fact, one of the 

} members, I think, just passed away. The president of Gayfers 

: was on it, I know, and Mr. Van Antwerp is a member and Mr. 

6 | -- the man with Title Insurance. | 

: 0a Goebil? | 

8 | A Goebil is a member and I think the three City | 

9 Commissioners serve on this authority, also. | 

1B 50 And the downtown Mobile Unlimited, as a director? 

11 A Yes. He is on it. | 

12 THE COURT: 

13 All appointed by the City? 

14 A Yes. | 

| 
15 MR. ARENDALL: 

| 
|   16 Q This, basically, is suppose to have representation of 

17 people who have business interests in the central City? | 

18 A This is correct. | 

19 Q Board of examining engineers? | 
| 

0 | A Well, I don't have the Exhibit in front of me, but | 
| i 

21 | this is another one of those similar to the air conditioning 

22 | board. There are specific requirements that go with these 

23 appointments. You have to have engineers and Eesresentativet 

24 of these various groups. 

5 Q Membership is appointed by the City? 
        
 



  

  

  
  
  

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

MOBILE, ALABAMA 

I 

LA Yes. 

3 [IQ But it is with reference primarily for people getting 

4 | licenses to engage in the business of practicing electricity 

| here, doing electrical work, is that the purpose of it? 

1 a Did you say electrical? 

110 I am sorry. Engineers? 

8 | A This has to do with stationary engineers, I think. 

9 | THE COURT: 

10 Stationary engineers? 

11 | MR. ARENDALL: 

12 | I see what it is. Would the qualifications for 

13 | membership on this be a practicing engineer having not less 

14 | than five years active experience in a management of stationary 

TI engines and boilers? 

16 | A Right. 

17 Q I guess this is sort of a safety group, as far as 

18 | whatever stationary engineers are? 

19 A Let me give you an example. The jail, we have boilers, 

20 and we cannot operate those boilers unless a stationary 

21 | engineer is on duty and that is to keep the thing from 

22 | blowing up. 

23 | Q The next thing is the board of electrical examiners. 

24 | Is that appointed by the City? 

95 A Yes, it is. 
| a     
 



  

  

  hQ That has been taken over, its function, I suppose, 

have been taken over by this new transit authority that has 

A Well, not necessarily. 

433 
FEDERAL STENOGRAPHIC REPORTERS 

P.O.: BOX: 1971 

MOBILE, ALABAMA 

  

Q My notes indicate that the qualifications here are 

appointed by the Mobile Electric and IBEW number five zero 

five, which is a union and by Alabama Power Company; is that 

right? 

A This is correct. 

Q What do they do? 

A Well, they examine applicants for electrician 

licenses. In other words, we want to make sure that the 

people who have a license to do business in the City of 

Mobile are qualified and they have to go before this board 

and they are questioned by people who know something about 

electricity. 

Q The next one on the list is Citizens Advisory Group 

for the mass transit technical study. Is that appointed by 

the City Commission? 

A Yes, it is. That was in compliance with some State 

and Federal highway administration regulations and this 

group is not active any longer, as I understand it. 

been established? 

This had to do with major 

arteries and these people represented the community and lookes 

into the plans and did research and discussed the impact. 

aa 1 349 

    
 



  

  

  
  

434 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

This artery -- I think we are talking about the Congress 

- Donald Street artery. 

They talked about the impact it would have on the 

community and so forth and so on. To the best of my know-   
ledge, it has served its purpose and is no longer active. 

Q I am not sure, Mr. Mims, that I understand, because 

the next list on here, the next on this list is Citizens 

Advisory Committee, Donald - Congress - Lawrence Street and 

Three Mile Creek freeway, is that the same group as the 

mass transit study technical group, are they the same? 

A No. I had the two confused. The one I had talked 

about, that had served its purpose. I am talking about the 

Congress, Donald group. 

Q You had determined what the location of that freeway 

would be and that kind of thing? 

A Right. 

Q What about the other one, advisory group for the 

mass transit technical study? 

A Well, that is some of our staff people, if my memory 

serves me correctly. I think Mr. Peavy serves on that 

committee and various technical staff people. 

Q The Exhibit indicates there are eight members of 

whom three are black. Does that help refresh your memory 

on that? 

| 

| 

| 

| 

| 

    
 



  

| FEDERAL STENOGRAPHIC REPORTERS 

I P.O. BOX 1971 
| MOBILE, ALABAMA 

844 
  

  

A I couldn't tell you, to save my life, who they are. nO
 

3 || So, you will have to pass on that one.. I am sorry. 

4 110.Q The next one is the codes advisory committee. Is 

3 that appointed by the City Commission? | 

6 oc Yes «it is. 

7 | Q Does that committee relate to drawing up codes, as 

8 far as building codes are concerned? ] 

9 | A This is correct. | 

10 Q Mr. Mims, I believe I am going to give you a copy of \ 

1 || this Exhibit 64, if I may, so it might help you remember 
  

what each of these organizations are? I 

A Well, we often say we have fifty-seven varities here 

on these boards. So, it is kind of confusing. 

5 | Q I will ask you if the qualifications for membership ] 

1 | on the codes advisory committee; an architect, one structural 

7 | engineer, a member of the American Society of Civil Engineers. | 

1% | one mechanical engineer, a member of the society of heating 

ow | and refrigeration engineers, one electrical engineer, a 

0 | member of the American Institute of Electrical Engineers and ] 

. | the engineer of the city of Mobile; one member of the Building ] 

5 | Trades Council; one member of the Association of General ] 

” Contractors; one member from the Mobile Home Builders | 

Association; and one member from the Mobile Real Estate | 

Association; and one member of the Mobile Air Conditioning 

)
 

1
]
 

        
 



  

  

  

  

  

436 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

contractors. Does that sound about right to you? 

A Yes, it does. 

Q Now, actually, these building codes normally follow | 

the so called southern building code, as worked up in | 

municipalities all over the south and perhaps all over the 

country, do they not? 

A This is correct. 

Q The next on the list is the commission on progress. 

Is that appointed by the City Commission? 

A Yes, it is. 

Q What is it? 

A The commission on progress is actually a bi-racial 

committee and that was the title or the name of the committee 

for many years, a bi-racial committee of the City of Mobile, 

and it was at my suggestion a number of years ago that we 

change the name to Commission on progress, because we were 

dealing with a lot of matters other than race oriented 

matters. 

Originally it was set up to deal with the race 

problems in our community and, over the years, met a great 

need in the community. 

Q Now, did it, for example, have anything to do with 

a Mobile restaurant downtown being integrated before they wer 

elsewhere in the State? 

345 

        
 



  

437 
| FEDERAL STENOGRAPHIC REPORTERS | 

| P.O. BOX 1971 

MOBILE, ALABAMA 

SRA NOSRPREE SE ae es   

A Yes, they were. 

MR. BLACKSHER: 

| N
O 

Your Honor, I object to counsel testifying. 

5 || MR. ARENDALL: 

    

6 | I think it was leading. 

7 Q I will ask you, were there any informal discussions 

8 and arrangements made that did lead to the integration of | 

9 | downtown lunch counters? 

10 A Yes. 
| 

| 

11 Q At what point in time did that occur with reference 

12 | to other cities in Alabama? 

13 | A Well, it was during the sixties when there were a 

14 lot of turmoil not only in this community but in many 

15 | communities and this bi-racial committee as it was known at 

16 | that time, worked long and hard to assure that black people . | 

17 | would have free access to any place they desired to go, not | 

18 || only restaurants, but we had, one time, a man working to ] 

| 
19 | see that blacks were hired in the banks and in the savings | 

20 | and loan businesses and in the downtown businesses and we | 

01 | went to a great deal of effort to see that black people were ] 

99 | put in these responsible places. 

93 | Q Those efforts have your personal support and assis- | 

2 | tance? 
| 

A Well, absolutely. 
    
 



  

FEDERAL STENOGRAPHIC REPORTERS 
P.O. BOX 1971 

MOBILE, ALABAMA 
847 

  Et sti ERIN: ¥ PERE ee A etn hae ——t 
    

2 | THE COURT: 

  

5] Just a minute. Who appointed the code advisory,   4 the City? 

2 | A Yes, sir. 

6 | THE COURT: 

Commission on progress, the City? 

8 | A Yes. 

9 || MR. ARENDALL: 

10 Q The next one is the educational building authority. 

Who appoints it? 

12 A This is no doubt a City appointed board, because if 

13 || I am not mistaken it is ome of these propositions where this 

14 board is used as a vehicle whereby financing can be obtained 

15 | for educational purposes. I am not sure if this is the 

16 University of South Alabama group or which group, but we 

17 || have several, if my memory serves me correctly that we 

18 | appoint three to five members to this authority and then   
bonds are sold and this educational facility retires those | 

920 | bonds. 

© | Q You think this must be one of the industrial revenue 

99 | agencies where they get approval of the city and get themselves 

93 | incorporated and they sell tax exempt bonds in aid of a 

94 | public welfare type of program? 

A Yes. 

       



  

18
) 

(@
1}
 

439 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

    = SE era 

Q Mobile area public higher education foundation? 

A This would be the same type of entity set up strictly 

for -- as a vehicle where these funds can be obtained in 

the facility built for public use. 

Q Find Arts Museum of the South at Mobile. Membership 

there appointed by the City Commission? 

A Yes. And normally we appoint people who are interested 

in fine arts, people who express interest in the museum and 

in some cases, people who have made sizeable contributions 

to art in the museum in Mobile. 

Q This is the committee that is in charge of running 

what we use to call the art gallery in municipal park; isn't 

that correct? 

A This is correct. 

Q Are the nominees for it submitted by the Mobile 

Art Association, the allied arts council, the art partons 

league, the art gallery board and the Mobile County 

Commission and the City Commission? 

A This is correct. 

Q Fort Conde Plaza development authority. Is it 

appointed by the city? 

A Yes, it is, and this is an unusual arrangement. The 

three City Commissioners serve on this authority as well as 

four other people who represent the interests within that 

       



  

  

  
  

  

  

  

440 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

plaza. In other words, some of the owners of property or 

representatives of owners of property and, in one case, 

Mrs. Bester Ward represents the Fort Conde Charlotte House, 

which is a historic museum within that complex. The purpose 

of this authority is to promote that plaza area. 

Q And to get private industry and businesses to 

develop things that would be consistent with the historical 

area? 

THE COURT: 

This Exhibit only reflects four members. I assume 

then that you left off the City Commissioners that had 

membership? 

A Apparently, your Honor. 

THE COURT: 

All right. 

MR. ARENDALL: 

Q Mobile Historical Development Committee. Is that 

appointed by the City? 

A Yes, it is. We have certain stipulations as to 

who goes on there. In other words, various groups make 

recommendations, normally people interested in historic 

development. 

Q Let me read some names to you and see if this sounds 

about right. The Allied Arts Council, the American 

5849 

       



441 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

850 
  

Association of University of Women, American Institute 

of Architects, Art Patrons League, Colonial Danes, Three 

City Commissioners, County Board of Realtors, Mobile Jaycees| 

Women's Architectural League, downtown Mobile Unlimited, 

Fort Conde Charlotte House, Colonial Danes, Historical Mobile 

Preservation Society, Historic Mobile Tours, Ine., Jaycettes| 

Junior League, Chamber of Commerce, County Board of 

Commissioners, Oakleigh Garden Society and Richard's DAR 

House, does that sound about right? 

A Yes. 

Q Independence Day celebration committee? 

A Well, this is a committee that has been appointed by 

the City Commission that started back in 1972 when we decided 

we need to have an Independence celebration every year. This 

committee puts on the 4th of July celebration held at Ladd 

Stadium. 

Q How many people did you have this year? 

A We had thirty-five thousand people. 

THE COURT: 

How many does that Ladd Stadium hold? 

A About forty-six thousand, something like that. 

MR. ARENDALL: 

The next one is the Industrial Development board. 

Is this another one of these financing arrangements? 
         



    

F442 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  
ro

 

23 

24 

NY
) 

1}
 

  

A Yes, it is. 

Q The next is the Malaga Day Committee, is that ..... 

THE COURT: 

If you don't mention who appoints them, I assume 

the City appoints them. 

MR. ARENDALL: 

Yes, sir. 

Q Mr. Mims, unless the City does not appoint them, let 

us know, otherwise I won't even ask you the question. We 

will just assume the City appoints them. 

A On this Malaga Day Committee, I am not sure that 

is even still in existence. It could be or could not be. 

We have a sister city's program and Malaga, Spain 

is one of our sister cities and we have had some celebration 

here called Malaga Day celebrations and I am not even sure 

that committee is still funding. 

Q If members were a group who went to Malaga in 1965 

and got the sister city thing going..... 

A They have been the prime movers of this Malaga Day 

program. 

Q The Mobile Housing Board. Now, that is a highly 

significant group, is it not? 

A The Mobile Housing Board is one of the most importan 

boards that we have and simply because it provides public 

851 

t 

        
 



443 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

      EY 5. 852 

housing and meets the need of so many people in the 

community. This is one of our most important boards. 

Q And I asked you about that, of course, in my earlier 

examination? 

A Yes. 

Q Next is the Mobile Medical Clinic Board - psychiatric. 

Is this another one of these internal revenue bond organiz- 

ations? 

A It is a vehicle for financing. 

Q Yes. And the Mobile Medical Clinic Board, Tranquil 

Aire, that was a vehicle for financing the building where 

Tranquil Aire is located? 

A Yes. 

Q The Port City Medical Clinic Board. That is another 

such organization, is it not? 

A That is correct. 

Q The next is Mobile Medical Clinic Board, Springhill. 

A Yes. This is correct. If I might add here, your 

Honor, the City Commission has very little, if anything, to 

do with these boards once we make these appointments. 

In other words, we have recommendations made to us 

and we try to put responsible people on these boards and 

once the financing is arranged then really there is nothing 

more for us to do. So, we have a lot of -- it looks like        



  

no
 

  

444 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

a lot of boards here, but some of them we don't have much 

to do with. 

Q Mr. Mims, I will ask you if this isn't a typical 

way, three doctors decide they want to start a hospital and 

they want to arrange financing through tax exempt bonds and 

they come to the City Commission and say that three of us 

are getting ready to build another hospital at such and such 

a place and we need one of these industrial revenue boards 

created. Would you appoint the three of us or maybe they 

say our accountants or our lawyers, some people to go in that 

they designate and y'all do what they ask you to do? 

A This is the way that works. 

Q The Medical Clinic Board of the City of Mobile. The 

Medical Clinic Board, - second, that is the same kind of 

thing? 

A Right. 

Q The Mobile Medical Clinic Board, the same kind of 

thing? 

A Right. 

Q Now, we come to the Mobile Library Board. Is that 

appointed by the City? 

A Yes, it is, and it is with the Commissioner in charge 

of the operation of the libraries. 

Q How much money does the City contribute to the 

853 

  

        
   



    

445 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  ae at eet SE EE ei SRR SR RL. 1) 

libraries here, do you know? 

A Several hundreds of thousands of dollars. I don't 

have that figure in front of me, seven or eight hundred 

thousand dollars a year. 

Q Greater Mobile Mental Health Retardation Board. That 

is another one of those industrial development bond boards, 

is ir not? 

A Well, not necessarily. I think this is a require- 

ment of the Federal government that we set up such a board 

and these Federal funds are channeled down through this board 

and then allocated to Mental Health and other things. 

Q Does the City Commission appoint the members? 

A Yes. 

Q Is this the group that works in conjunction with the 

rotary clinic or elsewhere? What agency....... 

A Well, they work with the Mobile Mental Health Center| 

I know that, and I suppose any other organization that was 

in this business of helping the handicapped and they would g; 

J
 

to this board and clear any application or what-not that the; ~
 

might have as far as federal funds are concerned, kind of 

a screening board, as I understand it, to try to bring it in 

altogether to keep things from going in every direction. If 

I am not mistakened, this is a fairly new arrangement here. 

Q Pier and Marina committee? 
         



  

446 

  

  

  

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

| MOBILE, ALABAMA | 
ARS 855 

I 
2 

2 A Well, at one time, we had wanted to build a public 

3 | marina over here just this side of the battleship and we had 

4 | high hopes of it becoming a reality until we ran smack into 

5 | the EPA people and they put such a damper on us, you might 

6 | say, that the committee has already served its purpose and 

7 we didn't accomplish anything. 

8 Q The Mobile Planning Commission? 

9 | A The Mobile Planning Commission is an important 

10 commission, because it has to do with zoning and the planning 

11 of the City and many of the improvements that are being made 

2 | today in the City of Mobile are end results of planning 

13 | that took place ten years ago. 

14 Q All right. Policemen and fire fighters pension 

15 and relief fund board? 

16 A Well, this board, as I understand it, administers the 

17 funds and tries to get as much return on the money as they 

18 can so that they can meet the obligations of the fund. 

19 Q Is this created under State act? 

20 A I am not sure about that. I really am not. I know 

21 some of the people who serve on it, but I am not sure. 

99 Q I will ask you if this sounds right to you that the 

oA fire chief is designated in an act creating the board and that 

54 the police chief is designated and that there are three bankers 

5% on it and one man owning his business and one who has his 

        
 



Ea
 | 

[]
 

(¥
)]
 

447 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

own investment business, the basic purpose of this is to 

see to the proper investment of the funds that are ultimately 

to be paid out for pensions and relief for policemen and 

fire fighters? 

A This is correct. 

Q Next is the Mobile Tree Commission? 

A Well, this is an important commission. If you want 

to get a tree cut, because you had better not cut one unless 

you go through them. We usually try to put people on this 

committee or commission that is interested in preservation of 

trees and I think it is a good committee and they work awfully 

hard to preserve the beauty of our City, namely our trees. 

Q Next is the Neighborhood Improvement Council? 

A Neighborhood Improvement Council, no doubt has done 

as much or more than any other group to improve our neighbor 

hoods. They go into the neighborhoods and have meetings, 

encourage the property owners to upgrade their property, to 

clean up, fix up, paint up, and it is quite an active group. 

Q Mr. Mims, there has been some testimony here from 

residents of various areas of the City with reference to 

what they feel are inadequacies in City services in their 

own areas? 

A Yes. 

Q Is this an agency that relates itself to that problem 
         



  

448 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

  
      

he i ttl B87 

3 | or not? 

7 | A Well, the neighborhood improvement council has 

4 | community meetings and they run articles in the medium and 

> || in the newspapers. Usually they will have the community 

6 | that they are having the meeting in, the blow up of the map 

7 | -- say it is going to be the Dog River area where I live or 

8 | the South Brookley area, they would have a map of that area 

9 | and they would they are going to have a neighborhood 

10 | improvement meeting in that area and every citizen in that 

11 area is encouraged to come and express themselves, at that 

12 particular meeting, and they go into things like the code, 

13 what you need to do to bring your house up to standard, 

14 up to the code, and help people know how to improve their 

15 dwellings and their living conditions, and much has been 

16 done in these communities because of the neighborhood 

HY, improvement council. 

18 Now, they also, for instance, say they go into a 

19 community and citizens complain about the lack of street 

20 lights. Then Mr. Locke, who is the secretary of this 

21 improvement council, he would come back and write me a memo 

929 as public works commissioner in charge of the street lights, 

93 || and say last night we met in Cottage Hill, or wherever it 

94 || might be, and we found, in a certain area, the street 

95 lighting, in our opinion, is not up to the City policy or 

| ga 

| 

 



  

449 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
858 
      

the City standard. Then I would direct the electrical 

superintendent to go and make a survey of this area, come 

back then and give me his recommendation and if the area was 

not lighted in accordance with our policy then we would, 

as rapidly as we could, light the area in accordance with 

the City's policy. 

Q What is the City's policy? 

A On street lights? 

Q Yes. 

A We have a light on every corner and every two hundre 

and fifty feet down the Street or mid-block, or at the 

end of dead ends, which is adequate lighting, and we receive 

an award last year as being one of the best lighted cities 

in the United States. 

Q Mr. Mims, I have references here to three different 

organizations, the names of which appear to me to be somewha 

similar. 

We have been talking about the Neighborhood 

Improvement Council that is headed by Mr. Joe Locke. There 

is a community service group, is there not? 

A Well, no.. There may be a service community group, 

but you may have that confused with a program that I 

instituted a number of years ago that I call community 

service meetings. 

t 

         



  

450 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

    

  

el & — — i 359 
1 | 

| 

2 | Q What is that? 

3 pA Well, this is a program whereby I go into the 

4 I neighborhoods with members of my staff, primarily, and on 

n
 

occasion we take someone répresenting the police and 

6 | fire department and the parks department and other depart- 

~~
] ments, but primarily people from public works and we go 

8 into the communities and have a meeting at a school or parks 

9 | building or community building, somewhere centrally located 

10 | as we could in the community and invite the public to these 

11 meetings and try to get input from the public and then go 

12 | back and try to respond as rapidly as we can to the requests 

13 || of the people. 

14 Q What is the difference between the neighborhood 

15 improvement council and your community service meetings or 

16 do they just overlap? 

17 A Well, they could overlap, but the neighborhood 

18 improvement meetings are -- they deal primarily with the 

19 upgrading of the homes, of the residences in a given area 

20 where the community service meetings deal mostly with the 

21 needs from a public works standpoint. 

99 In other words, the drainage problems, the lighting 

23 problems, the street problems, sanitation services and things 

94 like this. What I was trying to do when I initiated this 

0, program several years ago was to get input from the people, 

        
 



  

21 

22 

23 

no
 

QQ
 

E
y
 

  

  

451 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

    

because it has been my sincere desire all along to meet the 

need of this community regardless of who they are or where 

they live. The only way to know the needs is to get out 

in the community and hear from the people. 

The television people and more specifically, WKRG, 

for a period of a year or two, went to everyone of these 

meetings and taped these meetings and played a portion of 

the meetings back at a later date and they were not only 

viewed, -- the programs were viewed by the whole community. 

In other words, if we met in Toulminville, for instance, 

then the next Sunday or whatever, the whole area could see 

that we had had a meeting. And I might say, speaking of the 

Toulminville meeting, if I might, we have a swimming pool 

860 

at Gorgas Park today and it is solely because of the idea that 

was brought up at one of these community service organization 

meetings and I came back to the City Commission with the 

idea and the City Commission approved it and, today, the 

kids are out there swimming this afternoon because of that. 

Q Do you have these meetings, then, in the black areas 

as well as in the white? 

A Yes. It has been my policy to have them in every 

area of the City. In fact, we took the old ward map and 

tried to put about three wards together and have a meeting   
in an area that would cover about three wards and then the 

      | 
|



  

452 
FEDERAL STENOGRAPHIC REPORTERS 

  

  

  

  

| 

P.O. BOX 1971 

MOCBILE, ALABAMA 

amaELL CE 861 
| 2 

: ward map was changed and so we quit using the old ward map 

3 || and now we just go to different areas. 

4 | Last week I made Trinity Episcopal Church in an 

5 | area called the Chapman Improvement area. Three or four 

6 | weeks ago I met with a group out in the Carver Court area. 

7 | Q That is a black area? 

8 Joh Which was a predominantly black area and then, a 

9 few weeks prior to that, we met with another group -- I will 

10 have to get my records to tell you where I have been over 

11 the last months, but we have periodic meetings out in the 

12 community with the people and, in addition to that, I make 

13 || it a point to ride in these communities myself to know what 

14 || 1s going on. 

15 | Q As long as I am asking you about things with somewhat 

16 | similar names, what is the community development program? 

7 | A Well, the community development program of the 

18 | City of Mobile is certainly not to be confused with another 

19 organization known as the community development project. 

20 We are talking about now the City of Mobile's community 

21 development program. : 

99 This is a program set up and we have a committee 

93 called the community development committee to make improve- 

24 ments in the communities throughout Mobile, taking advantage 

25 
        
 



453 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

of Federal funds. 

Now, these Federal Funds, at one time, were designated. 

You would get so many millions of dollars for this and so 

many for that. Congress changed all of that and now they 

send the money down in a block, one lump sum, and then we, 

as public local officials, have to make a decision on where 

these monies are to be spent. 

Now, in order for us to set priorities as three 

elected commissioners, we have established this community 

development committee that holds meetings in the various 

neighborhoods and we have set some priorities on these 

funds. So, this is what the community development program 

is. 

Q That is the program that is headed by Mr. Barnett, 

is it not? 

A He is one of the members of the committee. I think 

Jimmy Alexander may be is the chairman. 

Q The Housing Board man? 

A Yes. 

What we did, if I might add, we put the planner, 

Mitch Barnett, the public words director, the Housing 

Authority Executive Director, the finance director, as well 

as the building inspection department head on this 

committee. 

         



    
  

  

  

| FEDERAL STENOGRAPHIC REPORTERS 

| P.O. BOX 1971 

MOBILE, ALABAMA 

| BRT EE ve Si pee en en IBRD 
| 
2 | We felt like we had a cross section of the people 

3 | who were going to actually get the work done once we initiated 

4 i it. These people are going to be held to be responsible 

5 for carrying out these projects. 

6 | I am sure you have the map showing where all of 

7 these projects are and where this money is going to be 

8 | spent and I am sure that will be introduced later on during 

9 this trial. 

10 | Q All right. I think I left out here and let's go 

11 back to it. 

12 I believe we are now on the plumbers examining 

13 | board. 

14 | THE COURT: 

15 Just a minute. Let me ask him a question. 

16 With reference to this neighborhood improvement 

17 council, I understand there is some ordinance or regulation 

18 or something in a city with reference to requiring people -- 

19 with reference to their homes to keep them in a certain 

20 state of repair and painted; is that correct? 

21 A This is correct. 

29 THE COURT: 

23 Now, if that is correct, then the question I want 

24 to ask you is this neighborhood improvement council related 

95 to those matters? | 
  

        
 



  

455 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

A Yes, it does, your Honor. 

MR. ARENDALL: 

The plumbers examining board. I will ask you if 

these qualifications sound about right. The chief plumbing 

inspector, one master plumber, a member of the mechanical 

contractor's association, one master plumber, a member of 

the master plumber's association, one journeyman plumber and 

one representative of the publjc? 

A This sounds correct. 

Q And this is with reference to the licensing of 

plumbers? 

A This is right. 

Q The recreation advisory board. I see from Exhibit 

64 that members of that board's term expired in 1974 and 

they were not re-appointed. What was the purpose of that 

board and what was the thinking about not re-appointing it? 

A If my memory serves me correctly, the Commissioner 

in charge of recreation, at that time, proposed this 

advisory board and if I am not mistakened, he recommended 

these names to the City Commission and we appointed them 

and they were to help him with his recreation program. Now, 

I did not come in contact with these people. 

Q So, you think I had better ask Mr. Greenough about 

that? 
        
 



  

456 

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

1 | : k 

2 | A I think you had better asked Mr. Bailey about that. 

# FE Mr. Bailey was the one? 

4-1 2a Yes, sir. 

B Self <Q The South Alabama regional planning commission? 

6 [isa The South Alabama regional planning commission is 

7 | what it says it is. It is a regional planning commission. 

8 | It is a three county operation and local officials, as well 

9 as appointed officials, serve on the regional planning 

10 commission and every application for Federal funding 

Il comes through this regional planning commission. 

12 Now, what we have done, as far as thetCLEY of 

13 Mobile's government is concerned, we have appointed members 

14 of our regular City planning commission to this commission 

15 and, of course, you see the number there. 

16 It says one black and six total members, but there 

17 are many blacks who serve on the South Alabama regional 

18 planning commission from the other cities and from the 

19 other counties that are represented on this commission. 

20 THE COURT: 

21 Total members of Mobile, though, is six; is that 

22 right? 

23 A This is correct, your Honor. 

24 MR. ARENDALL: 7 

25 I believe I have already asked you about the board 
        
 



  

457 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
866 

  

of water and sewer commissioners. 

Now, the employees insurance advisory board. 

A This board was set up to help the City Commissioners 

select the right kind of insurance program for our 

employees. We selected persons from the various departments 

to serve on this board and to screen all insurance programs 

before these programs are presented to the City Commission 

for approval. 

For instance, if xyz company were to come to my 

office this afternoon and say, look, we have a fantastic 

plan and it is going to cost three dollars a month and 

blah blah blah, and we want to put it on payroll deduction 

and we would send this xyz company before this board and 

let this board screen them and then if the board, representing 

all of the employees, thought that this was a fantastic 

deal and they wanted it and they would bring it to the City 

Commission and say we think this is great and we know these 

people can get more than the amount required. We have to have 

three hundred before we put anything on payroll deductions. 

And we say, okay. The committee approved it. You go out 

and get your three hundred and dom't come back until you 

have your three hundred, because we are not going to put 

it on payroll deduction. 

THE COURT: 
         



458 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

867 
  

no
 

(@
) 

| 
| 

  

I lost out on the board of water and sewer 

commissioners. 

MR. ARENDALL: 

I guess we can come back to that, Judge. This is the 

organization established under state law, which runs sani- 

tary sewer and water for the city and, indeed, some outlying 

areas, doesn't it? 

A This is correct. I might add, in addition to the 

housing board, this is, without a doubt, one of the most 

important boards that we have, because every family in the 

City of Mobile is affected by this board and we could have one 

black gentleman on this board. 

THE COURT: 

Although it is established by state law, does the 

City make the appointments? 

A Yes, sir. We make the appointments. 

THE COURT: 

All right. 

MR. ARENDALL: 

This is the board that Mr. Von Sprecken is chief 

career man on; isn't it? 

A That's right. He is the superintendent of the water 

and sewer board. 

     



459 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
868 

    

MR. ARENDALL: 

We expect to have him here, Judge. 

All right. The next one is Mobile County Hospital 

Board and I have some notation on my copy of this Exhibit -- 

I am not sure it is on the original. It looks like your 

typing and it says '"'Owned by University of South Alabama. 

City has no connection'l . 

A I am not sure that this board even functions any 

longer. You know, we turned the hospital over to the 

university and they operate it. We have no connection with 

it any longer. 

Q I see. Frank S. Keeler Memorial Hospital? 

A I think they are out of business, also. 

Q The Arts Hall of Fame committee. Do you know what 

that is? 

A Well, it looks like one member and I am not sure who 

that is unless it is the recreation commissioner. 

Q See if this sounds like a 1971 state act under which 

persons are to be elected to the State Arts Hall of Fame and 

must have background in arts and the City Commissioner has 

appointed a representative of the Mobile Art Gallery Board; 

does that sound about right? 

A It sounds about right to me. 

Q The next is Public Education Building authority. Is 

        
 



  

460 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
869 

  

24 

25 

that another one of these industrial revenue bonds? 

A Yes. It is strictly a financing thing, 

Q And the educational board? 

A The educational board, no doubt here, is the group 

of employees that we have that screens the applicants for 

furthering their education. In other words, we try to 

co-operate with our employees as much as we can so that they 

might further their education. 

In fact, the City Commission pays a portion of 

employees tuition, say, at the University and, say, patrolman 

Jones wanted to go to school at night and take up criminal 

law, or whatever, and he would make his application to the 

City Commission through this educational board and the board 

then would screen this applicant and make sure he is sincere 

in what he is trying to do and we have requirements that you 

have to stay with the City "x" number of years. I think it is 

three years after you get your degree or after you use this 

money or else you have to refund the money, but these boards 

screen these employees. 

Q Members of that board are largely employees of the 

City, members of the public, or what type of persons? 

A As I recall it, they are employees, department heads, 

and maybe someone from the personnel board on here. 

Q Now, Mr. Mims, there has been a lot of testimony in 

J 

        
   



to
 

461 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

here about surface drainage in Mobile. 

THE COURT: 

Why don't we take a break right here. Take about a 

fifteen minute break. 

(RECESS) 

THE COURT: 

All right. You may proceed. 

MR. ARENDALL: 

If your Honor please, I would like to apologize to 

the Court on an error in judgement that I made. Mr. Mims had 

told me that at four-thirty that he had to leave here in order 

to get to Santa Rosa Island to speak to some three or four 

hundred people. I told him that I thought we could have 

completed the examination and cross-examination. I have 

taken so long with my direct today that I doubt if we make it 

THE COURT: 

Just go ahead and let him finish up tomorrow. 

MR. ARENDALL: 

Thank you, Judge. 

Mr. Mims, your department has charge of Mobile drainag 

problems? 

A That is correct. 

Q Tell us generally about them and what you have done 

and indicate whether or not you have sought to treat fairly 

870 

ec 

        
 



    

462 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

871 
  

the various black areas. 

A Well, under the supervision of the public works 

commissioner, comes the general heading of drainage and, of 

course, the City of Mobile has been plagued with severe 

drainage problems for not only decades, but I would assume 

centuries. The ground or the topography here, the City is 

built on the river, as you know, and it all started right 

here near the river and moved westward. 

It is very low lying areas and we had tremendous 

problems in the old part of Mobile with drainage. We have 

tremendous problems in the new part of Mobile with erosion 

and the sand washes down off of the hills into the low lying 

areas and clogs up the drainage systems in the old sections 

of the:city. 

So, for centuries we have had drainage problems. Ther 

has been a lot of talk about drainage for a number of years, 

but there was not an awfully lot done about it until 

recently. 

When I first ran for office in 1965 and my advertising 

material and my brochures will substantiate this, that one of 

my main concerns was drainage and alleviating the problems ths 

existed. So, the first thing I did was to try to establish 

some kind of systematic maintenance program and we gave 

t 

        
 



463 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
872 

  

instructions to the public works superintendent and to all 

drainage personnel that these drainage easements were to be 

maintained on a periodic basis. We bought some of the finest 

equipment that can be bought to clean catch basins and to clean 

storm drains. Some of the most modern equipment to clean 

ditches like Three Mile Creek and One Mile Creek and Bolton's 

Branch and Saltwater Branch and the various others -- what 

we call unimproved drainage easements and it has been our 

policy, over the last ten years, to maintain these easements 

‘on a regular basis and testimony here during this trial has 

indicated that the city has cleaned these drainage easements 

on a periodic basis. 

In addition to the maintenance program, the cleaning 

of these drainage easements, we have entered into what we 

call the master drainage program of the City of Mobile. For 

a number of years we tried to get into this and finally came 

to the conclusion that we were not going to ever get this 

drainage corrected until we just, you might say, go into it 

headlong and try to find the money and sell bonds and get the 

revenue or the bonds to do the projects. 

So, in 1972 the City Commission met and agreed to 

the master drainage program. We have sold bonds, millions of 

dollars worth of bonds, to be paid over to the next number of 

years and we are making many improvements in areas of both 
        
 



  

464 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

873 
  

  

3
 

white and black where problems have existed for over a hundred 

years, in some cases. 

I have gone into these communities and talked to our 

citizens, both black and white, about the problems and with 

the resources available, I think the City of Mobile has come 

a long way in improving the drainage in our city. Our master 

drainage program, as far as I am concerned, has been initiated 

and promoted without regard to race, whatsoever. 

Q Let's see, what is the total estimated cost of that 

program? 

A Well, we started out with about twenty million, but 

I imagine, by 1980, we will have spent thirty million dollars 

THE COURT: 

What do you mean you started out? 

A Well, that was our projected program, but inflation 

and other things have caused prices to go up and we had added 

to the project and <n. 

MR. ARENDALL: 

Do you have outside engineering consultants to advise 

you with reference to that, or is this done by city personnel] 

A Well, when we went into this program we assigned thres 

engineering companies to this master drainage program and the: 

engineers have certain water sheds assigned to them. We have 

three water sheds in Mobile; the Three Mile Creek water shed, 

se 

        
 



  

24 

25 

465 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
874 

  

The Dog River - Eslava Creek water shed, and the Mobile River 

water shed. Every drop of water that falls into Mobile, goes 

into one of these three water sheds. 

Each one of these engineering firms, Polyengineering, 

David Volkhert and J. B. Conversing Company, have one of these 

water sheds assigned to them and they are doing the designing 

of the storm water system in these areas. We have made a 

great deal of progress. There is not an area in the City 

but what you can't see some of the progress that has been 

brought about because of this drainage program and, in the 

years between now and 1980, the program that can be presented 

here shows our projected projects. 

Q Has some work been done in each of the three water 

shed areas? 

A Yes. This is true. 

Q Approximately how much money have you spent so far on 

actual out of pocket expenditures, to date? Could you give 

us that figure? 

A I can't recall, but it would be more than ten million 

dollars has been spent already on the master drainage program. 

Q Do the engineers tell you that once it is completed 

that Mobile will then be adequately drained? 

A Well, I don't think you would ever find an engineer 

or politician, either, that was in his right mind that would 
        

C
o
 

 



46 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

875 
  

  

(§
 

say you would always be protected from a storm or flooding 

situation. Normal flooding conditions will be eased tremen- 

dously when this entire program has been completed, but if yor 

have what they call a hundred year flood come, you know, the 

whole area could get under water. We can't protect the area 

completely from God's floods, you know. 

Q You mentioned some white areas that have had this 

problems and I would like for you to mention some of those 

specific locations, if you will, please. 

A Well, there is one project that we have under way 

right now that has -- where there is a need and the need has 

been there for a hundred years, I am sure. I know it has 

been there for over fifty years, because I know people who 

were born there fifty years or more ago. 

Q Where is that? 

A This is in the Laurel - Devitt - Monterey Street 

area and I might add that we had a community meeting there 

with some people, including Mr. Brown, whose name has been 

mentioned here and other testimony and I think he would have 

to admit that he got mighty good response out of the City 

government in this project. We're spending over a million 

dollars in the Monterey - Laurel - Devitt Street area. This 

need has been there, as I said, for low many years. 

THE COURT: 
        
 



0
 

467 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

I am familiar with Monterey Street, which is between 

Springhill Avenue and Government Boulevard. Is that the 

Monterey area you are talking about? 

A Yes, your Honor. 

THE COURT: 

Does it go also south of Government Street? 

A Monterey does. 

MR. BLACKSHER: 

Yes, sir. One block. 

THE COURT: 

The area you are speaking of is north of Government? 

A Yes, sir. 

THE COURT: 

All right. 

MR. ARENDALL: 

Now, let's talk about drainage and some of these othe] 

areas that there has been some testimony about. There has be 

some talk here about Trinity Gardens, that area came into the 

City only intl961, .did. it not? 

A I believe that is when the vote was taken by the 

people in that area. It was in 1965, I believe, that service 

were provided and the people began to pay taxes. 

Q Just in a general way, would you tell us what the 

876 

en 

basic problem is there, as you understand it, with reference to 

        
 



  

—
 

no
 

24 

25 

468 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

877 
  

drainage? 

A Well, I will be happy to, because I have been in the 

Trinity Gardens area many times and must confess that the 

problem there is an unusual problem and it is mainly because 

the area lies between some railroads and down in kind of a 

low land or flat land that has been described here, in testi- 

mony, that was like a saucer, which is a good way to describe 

it, because it is going to take an awful lot of drainage to 

get the water out of the area and we have been working on it 

over the years and, with our community development program 

that we mentioned here earlier, we should be able to drain 

this area and then we can move on into the paving of the 

streets. 

Q When it gets drained, where does the water go? On 

what water shed is it located? 

A This goes into the Three Mile Creek water shed. 

Q Isn't that going to compound your problems on Three 

Mile Creek that you heard testimony here about, the Crichton 

problem? Wouldn't that compound your problem? 

A Any time you put more water into a stream, I guess 

you compound your problems. However, we have worked 

extremely hard to get Three Mile Creek cleaned out on the 

end near the river and we have spent thousands upon thousands 

of dollars dredging Three Mile Creek and we feel that, with 
        
 



no
 

469 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

these improvements, as well as the study that is being made 

now by the Corp of Engineers and, incidentally, this bill ios 

just passed whereby a hundred and fifty thousand dollars in 

planning money for the Corp of Engineers was set aside. 

The Corp of Engineers fit into this Three Mile Creek, 

because Three Mile Creek runs into Mobile River and Mobile 

River is part of the Tennessee, Tom Bigby program. Anyway, 

we have a hundred and fifty thousand dollars planning money 

and the Corp of Engineers is going to help us with the 

drainage on Three Mile Creek. 

Q There has been some talk, also, about drainage 

problems in the Plateau area. 

On what water shed is that? 

THE COURT: 

Where does Three Mile Creek run into Mobile River? 

A Well, it crosses Telegraph road north of here where 

the little bridge is where you see some little tugboats 

sitting there, right north of the State Docks, to be more 

specific. 

THE "COURT: 

All right. 

MR. ARENDALL: 

Going back to Trinity Gardens for just a moment. 

I understood you to say as soon as you could get your 

878 

         



    

470 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

879 
  

24 

25 

drainage worked out there, then you would go in with street 

paving; is that right? 

A This is correct and, if I might say this, one of 

my concerns naturally has been the streets of Mobile and the 

only unimproved streets we have left within the city, you 

might say, are located in the Trinity Gardens area. We have 

paved dozens of miles of streets in the last ten years in 

Mobile and we have a few left in Trinity Gardens. 

It is absolutely impossible for us to pave these 

streets until we drain the area. We have paved some streets 

in Trinity Gardens, the ones we felt like we could pave and, 

you know, get by with, so to speak. Because it is absolutely 

money thrown away to go out and put asphalt in an area that 

you can't dry out and the streets will stay torn up all the 

time and fail and you will have a problem, sure enough 

problem, on your hands. 

So, we have just about paved every street in the 

City of Mobile with the exception of those right there in 

Trinity Gardens which we hope to get as soon as we get the 

area drained as with these community development funds. 

Q Now, there has been some talk about Plateau. 

On what water shed is it, or does it have a drainage 

problem? 

A Not what you would call a general drainage problem 
        
 



FEDERAL STENOGHAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

    

like Trinity Gardens. I doubt if you could point to any 

community in the City and say it is completely free of all 

drainage problems. 

But Plateau does not have the general problem as does 

Trinity Gardens. 

Q There was some talk here about dead bodies getting 

washed away. Would you tell us about that, if you know 

anything about it? 

A I think that was an exaggeration. It was called to 

my attention a year or so ago that there was a problem with 

a cemetary. We did some work around this cemetary and some 

of my staff people can elaborate on that more than I and get 

into detail on it, but we did do some work around the cemetary. 

I understand that this area was being used as a burying place 

down off the side of a hill and on down into what you might 

call a slew or spillway or drainage easement and I am sure 

that in case of a flash flood or something of this sort, the 

whole area was covered with water and it is very likely that 

some of the grave sites were covered with water, because the 

people are buried right on down into the low land. 

I don't know where the health department has been, or 

whoever is supposed to regulate the cemetaries, but whoever i 

supposed to inspect cemetaries and regulate them, apparently 

were not stopping the burying of people down in these low 

. — id 7 Se te B80 

        
 



    

472 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

Bal   

places. 

I think you could safely say, in some places, when a 

flash flood came that the water, perhaps, covered the graves. 

As far as bodies floating around, I think that is an exaggera 

Q There has also been some complaint about the drainage 

in the Crichton - Liberty Park area? 

A Yes. There is a tremendous problem in that area. 

To my knowledge, it doesn't present any flooding problem, 

but there is a big ditch that comes down through Crichton 

that originates up about Pages Lane or back of Delchamps 

Shopping Center there and goes down by Nall Street and 

across Bayshore and Mobile Streets and on into Three Mile 

Creek. It is a huge drainage easement. The people in the 

area continuously are filling it with old tires and litter 

and furniture and the maintenance problem is tremendous. 

Some homes have been built right up on the edge of 

the creek. We are aware of some of these problems, but we 

are also aware of the fact that it is going to cost several 

millions of dollars to correct this problem. It is in our 

master drainage program and it will be taken care of, but, 

as I say again, with the resources that we had available, 

I think we have done a fantastic job with our drainage progrs 

Q Mr. Mims, earlier in the trial I introduced, as Exhit 

tion. 

(im. 

it 

        
   



(W
e)
 

473 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

FREE RRR REL = 0 0 3 i fe LU Hay 

80, a news release that you had issued on March 16, 1970. 

Would you hand him a copy of that, please? 

I believe his Honor inquired as to whether this 

million one hundred and forty-one thousand three hundred and 

seventy-four dollars that is stated on the second page to have 

been the total expenditures between October, 1965 and March 

16, 1970, was all spent in an effort to do something about 

the problems in Trinity Gardens? 

A This is correct. 

Q And is it fair to say, too, that during that period 

of time Trinity Gardens had produced only twenty-seven 

thousand dollars in property taxes for the City? 

A I had our revenue people develope these figures and 

I am sure they can be substantiated. 

THE COURT: 

Mr. Arendall, are you suggesting that when an area 

of the city doesn't produce certain revenue, they are not 

entitled to certain services? 

MR. ARENDALL: 

No, sir. I am not. What I wanted to do was to ask 

him this next. 

Mr. Mims, does not this demonstrate that the policy 

of the City of Mobile, with reference to the expenditure of 

public funds has been dictated by a desire to help a particu- 
         



  

{| 
) 

  

474 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

      

lar area that needs them as distinguished from just giving 

me back fifty dollars a year in services if I pay the City 

fifty dollars in taxes? 

A Well, I can say emphatically that we have tried to 

provided these services in the Trinity Gardens area, because 

the area became taxable right after I was elected to office 

in 1965 and I began, as public works commissioner, to provide 

these services in the Trinity Gardens area. Prior to that 

time, they didn't have any service at all. 

THE COURT: 

I take it that your contention that the City 

provides services according to needs rather than according 

to revenue? 

A Yes, sir. If I might add we can't always do everything 

everybody wants done in any given community. 

MR. ARENDALL: 

Now, I notice on the second page here, there is a 

reference to sewer installation and water installation and 

a note that two hundred and fifty-eight thousand dollars of 

federal funds had been secured and a further note that a 

portion will be returned over a ten year period in assessmenf 

Taking, first, the item of sewer installations, I 

had understood from your prior testimony that the Board of 

Water and Sewer commissioners were in charge of the sanitary 
in 

eS. 

  

  
      

 



475 

  

  

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 884 

2 sewer development for the city in this area. 

3 Would you explain how it came about that the City 

4 itself was in the picture here? 

5 A Well, the water and sewer board was established, to 

6 begin with, in order that that entity might sell bonds and 

7 provide these services for the people. Over a period of 

8 years the board of water and sewer commissioners apparently 

9 reached their debt limit and they could not sell any more 

10 bonds. Then the citizens of Mobile, these in particular, 

11 Trinity Gardens, as well as thousands of others, came to the 

12 board of City Commissioners, at that time, and said, look, 

13 we want these services. We are in the city and we want these 

14 services. These people in Trinity Gardens came into the City 

15 and began to pay taxes in '65 and said we want these services 

16 and we go to the water and sewer board and say, look, you are 

17 suppose to provide these services and they say we can't provide 

18 the service because we are at our limits, as far as debt 

19 is concerned. 

20 The City Commission turned around then and sold bonds 

21 and made these improvements and assessed part of the cost 

29 against the property owners and this is the only way these 

23 improvements could have been put in, at that time. I think 

24 it was a case of a city government responding to the needs 

95 of the people. |       
 



  

476 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
885 

  

  

no
 

(©
) 

] 
~~

] 

Q That would be true of the momey as indicated here 

for water installation, I take it? 

A Yes. They were both installed at the same time. 

Q | Now, you have mentioned briefly, among your duties 

as public works commissioner, is that of paving and you have 

spoken about that generally. Let me ask you a few general 

questions. 

Where a subdivider desires to take a rather large 

piece of property and turn it into a lot sales venture, who 

puts in the streets? 

A The developer. 

Q Does he have to do that in accordance with City 

specifications as to the nature of the street and the 

underground drainage and things of that sort? 

A Yes, he does, and then he turns them over to the 

City when he has completed the project. 

Q Once they are inspected and approved by the City, the 

then become City streets, but it is the developer who puts 

them in; is that correct? 

A This is correct. 

Q Would it be fair to say that since the basic growth 

of the city has largely been to the western section of the 

City that many of the streets in that area have been paved 

by private individuals as distinguished by the City? 

2d 

        
 



tt
 

|
 

24 

25 

  

477 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

A Well, this is absolutely correct. 

Q Then in those areas, however, where there have been 

no real estate developments in recent years the City, itself), 

has been the one to do the paving; is that right? 

A On all unimproved streets where there were residences 

the City has gone in on an assessment basis and improved the 

streets and, as I said a moment ago, we have just about 

taken care of every one with the exception of some in Trinity 

Gardens. 

Q Now, there was a lady here earlier in the case who 

-- no, a gentleman, Mr. Pettaway, who was talking about 

Lincoln Street. 

I understood him to say that the people out there had 

always been willing to pay for an assessment for street 

improvements and then I introduced Exhibit 81 on that subject. 

Do you recall the Lincoln Street situation? 

A I recall Lincoln Street quite well, because I set 

on a Reverand Mr. Smith's porch in 1965 and discussed the 

problem with him. I discussed it a number of times after 

that date with him. 

It was not until about a year ago -- I don't recall 

the dates, that we first learned that these people were 

willing to pay an assessment. Prior to that time they wanted 

the City to put the streets in because they had problems and, 

886 

         



  

to
 

  

478 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

to the best of my recollection, they never indicated that 

they wanted to pay or would be willing to pay any portion 

of it. My position was that it was a hard surface paved 

street at the time and we had much greater needs in other 

areas and our responsibility is an awesome responsibility, 

when you try to establish priorities, and, in my opinion, 

the Lincoln Street project was not a high priority item, 

but when the people decided that they wanted to have a part 

in it and pay the assessment, then the City Commission moved 

ahead with the improvement program and it is under construc- 

tion right now. 

THE COURT: 

What is the distinction about when the City pays 

for it? I assume when you say certain high priority areas 

where you do paved work without assessment, what makes the 

determination where you pave without assessment and where 

you don't? 

A We don't assess, your Honor, on major streets. Take 

Airport Boulevard, for instance, that is a major street. 

Normally we try to get some federal or state and county 

participation in a project such as this. On all residential 

streets that we improve, whether it be low cost or regular 

curb and gutters and underground drainage, we do it on an 

assessment basis. 
        
 



  

Sry 

479 
FEDERAL STENOGRAPHIC REPORTERS 

P.O.: BOX: 1971 

MOBILE, ALABAMA 

  - mm ree _— — ee ee —————— —— ——— nea rma ————— 

THE COURT: 

Are all the streets in the area -- is Lincoln Street 

a residential section? 

A Yes, sir. And as I said, it was not until they agreed 

to the assessment program -- let me explain the assessment 

program. We could go out and say we are going to assess part 

of this project to the property owners. We assess one-sixth 

of the cost of the project to the property owner. So, it 

still costs, out of the treasury of the City of Mobile, many 

thousands of dollars on most any kind of project, because one- 

sixth on each side of the street would be actually one-third. 

If a project costs ninety thousand dollars, sixty 

thousand comes right out of the treasury where thirty thousand 

comes out on either side of the street. 

Q What is your policy with reference to the construction 

of sidewalks? A number of black witnesses have complained 

because they don't have sidewalks. 

A Well, it has been our policy to install sidewalks 

in any area where the people petition the City Commission for 

sidewalks, because we assess the cost of that improvement 

against the property. Our policy on new subdivisions is that 

t hey install the sidewalks. So, if a new subdivision goes in, 

satis we accept the subdivision, the developer places the 

sidewalks on the property. 

        
 



  

n
 

24 

25 

480 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 
MOBILE, ALABAMA 

over the two-thirds or three-fourths of the people in the 

community to please the one-fourth or one-third. 

Our normal way of handling it is for a community, 

the number of people -- ever how mamy to request the sidewalks 

and then we would try to initiate the program and have the 

hearing and move on with it. 

MR. ARENDALL: 

That probably is clear, but you would not, for 

example, assess for repaving Government Street, would you? 

A No resurfacing programs are not done on an assessment 

basis. That is a maintenance problem. 

We spend about two hundred and fifty to three hundred 

thousand dollars a year on resurfacing. Right now we have 

many hundreds of miles of streets that need to be resurfaced 

and in the not too distant future I will be coming to the 

Commissioners on my knees with hat in hand, so to speak, to 

keep our streets in good repair. 

That comes right out of the general fund of the City 

and as a maintenance expenditure. We don't assess for 

resurfacing. 

Q Do you believe, Mr. Mims, that under your administra- 

tion that the black communities have been treated fairly with 

reference to drainage, paving, sidewalks and -- well, those 

matters? 

893 

        
   



l FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

894   

2 JA I most certainly do. I don't think I have ever -- in 

3 |/fact, I will be emphatic and say I have never denied any 

4 |lcitizen a service that he expects with his tax money because of 

5 |la certain color or social standing. 

6 11Q Now, there has been some testimony here about weeds 

J
 and underbrush on large tracts, specifically about some 

8 |property belonging to Mr. Meaher and located in the Plateau 

9 |larea. 

10 What is the policy of the City with reference to large 

11 tracts? 

12 {iA We have a state law and I am not familiar with the 

13 |number and what not, but I know it is a state law that deals 

14 |lwith noxious weeds. This law allows us to post a lot and cut 

15 ||lit if the property owner does not cut it and assess it against 

16 |his property. Our policy on large tracts of land, if we get 

17 ||la complaint from Mrs. Jones, who lives next door to this 

18 large tract of land, our policy is to go out and post a 

19 || fifty foot strip around this ten acre tract or whatever it 

oo |might be, and give the property owner who lives next door to 

21 this tract at least a clearing between them and the underbrush 

90 |land the wooded area, so to speak. 

Now, normally this is sufficient and most people are 

04 ||lappreciative of the fact that they can get this strip cut next 

25 |{to their property. 
         



    

482 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

201 
  

ro
 

A Well, not officially. We had people doing a lot of 

A No, but on occasion Dr. Tunstill has been present 

with these other people to give me advisement. 

THE COURT: 

If I understand you correctly, you haven't formalized 

your campaign into committees? 

things in every campaign I have ever been in. When I ran for 

the United States Senate, Dr. Tunstill was a part of it and 

he was right there, but in these City races we welcome help 

from anyone of any color or any standing. 

THE COURT: 

Go ahead. 

MR. BLACKSHER: 

I didn't really understand your answer to the Judge's 

question, but I will move on to the next one. 

Did you regularly, in all of your campaigns, have a 

campaign headquarters that was staffed by people during whatever 

hours you kept? 

A Yes, we have. 

Q Tell me the names of the black people who have 

staffed your campaign headquarters? 

A We did not have black people in the campaign head- 

quarters. My brother is my campaign chairman and he is very 

particular about who seés our list of supporters and people 
        
 



483 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

taps tibi————lt a aeties 202 

who are helping us. He runs the campaign and I try to run 

the office after I get elected. 

1 Q Jeff Mims is your brother? 

5 A This is correct. 

6 Q And he is chairman of the County Democratic Executive 

7 || Committee? 

8. 1a This is correct. 

2:10 Now, about all of these boards and committees, 

10 Mr. Mims, would the Clerk please show the witness Plaintiff's 

11 || Exhibit number 64. 

12 How many of these -- can you point out the boards 

13 and committees on this list which, I presume, is comprehensive, 

14 to your knowledge, right, and contains all the boards and 

15 committees that the city has any appointing power to? 

16 A So far as I know, yes. 

17 Q How many of them, to your knowledge, are set up under 

18 State law as opposed to being established by city ordinance? 

19 A I could not answer that. 

20 Q What about the board of water and sewer commissioners? 

21 That is established under State law, isn't it? 

22 A It is my understanding that it is. 

23 Q Do you have any idea of how many of these or which of 

24 these boards and committees are subject to the control of the 

25 City Commission to the extent that the City Commission can 
5 
         



  

484 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

903 
  

  

($
2)

 
~]

 

24 

25 

change the ground rules about what it is suppose to do, who 

it's members are and so forth? 

A No, I don't. As far as I know, the water and sewer 

board, for instance, is charged with the responsibility for 

providing sanitary sewers, water service for the City of 

Mobile and I don't have anyone who would want to change that. 

THE COURT: 

According to my notes only two were established by 

State law, the boards, the South Alabama Regional Planning 

Commission, I assume, was established by either the State or 

some federal regulation, and that is the only ones that I 

have that indicate, besides the City establishing them -- 

well, is that true, the board of adjustment, the board of 

water and sewer commissioners, and the South Alabama Regional 

Planning Commission? 

A Well, I think you would find the Housing Board would 

be -- has to be a State act that would allow a housing 

authority. 

THE COURT: 

Just one minute. What number is that? 

MR. ARENDALL: 

If I may, we have not researched this and I am really 

not sure. I believe all of these boards that will relate 

to licensing people are probably under some state law which 

        
 



485 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

board personally? 

A Yes, I have. 

Q How many? 

A Well, I regret to say that I think I have one 

appointment in all the years. It has worked around where I 

have one man on there, Mr. Dennis Moore. I have been in 

office eleven years and Mr. Moore is my one and only 

appointment. 

There was some mix-up, if I might add, because of 

some people dying and some particular person appointed them 

and they felt that they should replace that person or fill tha 

vacancy. Many of these people I have known and certainly have 

concurred in their appointment. 

The late Bishop Phillips was a very close friend of 

mine and served ably on the water and sewer commission for 

t 

904 

says that the various municipalities shall do such and such 

in order to issue licenses for contractors and electricians 

and plumbers and so on. We have not researched and I cannot 

make that statement. 

THE COURT: 

All right. 

| MR. BLACKSHER: 

Well, concerning the board of water and sewer 

commissioners, Mr. Mims, have you made any appointments to that 

        
   



    

    

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 905 

a number of years and some of the other people I know quite 

well and have utmost confidence in them. So, I am not 

complaining because I can't, you know, appoint but one person, 

But Mr. Moore I appointed a number of years ago and he has 

been reappointed at least once since then or maybe twice. 

Q Mr. Moore is white, isn't he? 

A Yes, he is. 

Q I thought we established that Milton Jones is currently 

a member? 

A Yes. He is and Mr. Jones is black. 

Q And you were saying that Bishop Phillips was also? 

A He was on there prior to Mr. Jones. Bishop Phillips 

was black. 

THE COURT: 

This shows no prior black members. Can you account 

for that? 

A I did not prepare this. Reverand Bishop Phillips 

known by everybody around Mobile, was on there for a long 

time. 

MR. ARENDALL: 

Judge, we had this prepared by Irene -- no, Mr. Menefee 

prepared this. We gave some basic information to Mr. Menefee, 

THE COURT: 

Counsel for Plaintiff? 

        
 



  

487 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

2 || MR. ARENDALL: 

Yes. Mr. Menefee prepared this and I will be frank 

4 to say that I didn't check it. 

5 THE COURT: 

6 All right. I am going to put one in parenthesis by 

7 that, prior black members. 

8 Do you know whether or not you gave the information 

9 that Mr. Phillips previously served on that board? 

10 MR. BLACKSHER: 

11 | Bishop Phillips and Mr. Menefee informs me that 

12 Mrs. Quinn identified the persons on this list who were 

13 black and failed to identify Bishop Phillips. 

14 THE COURT: 

15 All right. 

16 MR. BLACKSHER: 

17 So there are actually two out of the twelve people 

18 that have been on that board that have been black? 

19 A I don't have that information before me. 

20 0 I believe you testified, Mr. Mims, that you had some 

21 difficulty finding citizens to serve on these various boards. 

22 Have you had difficulty finding people to serve on 

23 these boards? 

24 A On the water and sewer board? 

         



  

488 

  

          

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

fe hm 907 

1 

a. A Well, as I indicated a moment ago, I have only made 

3 one appointment that I could point to and that is Mr. Moore. 

4 Q Did you have any difficulty locating someone? 

5 A No. I did not, because I appointed Mr. Moore and I 

6 have not had an opportunity to appoint anyone else since. 

7 Q You have given us an example of how Mr. Gary Cooper 

8 walked into your office one day and said that he wanted to 

9 participate and I believe you said that you had never seen 

10 him before and that provided you an opportunity to appoint 

11 him to some board. 

12 A To the audiotorium board. 

13 Q Isn't that a general problem you have in finding 

14 qualified black persons to serve on these boards is that 

15 you just don't know that many black persons personally, like 

16 you do the white people that live in your immediate 

17 community? 

18 A I know a lot of black people, personally. I speak 

19 in black churches. I go to black meetings. I know a lot 

20 of black people. 

21 You have to have people that express interest. My 

929 door is open to people. I have a meet the mayor day every 

23 Wednesday and I have people coming and going, blacks and 

24 whites and unless people express an interest in serving their 

os community on a specific Beads or in a specific area then it is 

 



489 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
908 

  

24 

25 

not my policy to go out and pick people, you know, and put 

them on a board unless I know they want to serve and unless 

I know they have some interest in a particular area. 

Q Are you saying that you have never appointed anyone 

to a board at your own initiative or at your own invitation, 

but have only responded to requests that were made in the 

first instance by other people? 

A I have requested certain black leaders to provide 

me black lists of black people that would be willing to 

serve on boards. I know a lot of black people, but to have 

them say I want to serve or I will be willing to give so 

many hours a month, a very few of them have done this. I am 

going to be frank with you about that. 

Q Who are the hlack leaders you requested to provide 

a list? 

A Various people, ministers and various leaders in the 

community. 

Q Name one. 

A Well, the Bishop that I just mentioned awhile ago 

has provided some names over the years. 

Q Bishop Phillips? 

A Yes. 

Q Who else? 

A Reverand Tunstill, and Mr. LeFlore use to provide 

         



  

490 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

| 909 
No
 

some names.     ill g Mr. LeFlore? 

4 | A And others. 

5 | And others? Others that you can't recall, now? 

6 in No. I can recall. I just mentioned Dr. Carroll. 

i | In fact, of the business, I helped to get Dr. Carroll appointed   
8 | to a state position. 

9 1,0 Have all of these people provided you with a list that 

10 you requested? 

11 A They would give me a name now and then. I doubt very 

12 seriously if anybody has given me a list of names. I rely on 

13 black people I know to tell me if a certain person wants to 

14 | serve or will serve or is qualified to serve. I don't think   
because a person is black or white makes him necessarily 

qualified to serve in a given area. 

Q You have requested, you say, a list of names, but 

18 || whenever you have had a chance to want to approach the black 

  19 | community you have gone to one of these black leaders that 

20 you knew and ask them for a name, is that what you are saying’ 

21 A Well, yes. 

22 q So, what kind of occasions would prompt you to say 

| 
03 ||well it is time for me to consider a black person for this 

24 board and I will see one of my friends, who is a black leader, 

and ask him for a name.              



  

491 

FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

a
n
   

  

no
 

(@
]]
 

  

| A What kind of an occasion? 

1 Q What time would you do that? Everytime you had an 

appointment would you request the name of qualified blacks 

| that you would consider along with other people or just 

| certain occasions when this would come up? 

A Well, on some of these boards, as it has already 

| been indicated, you have to have engineers and architects and 

| things like this and you get these recommendations from these 

various boards and committees and groups. They send in these 

' recommendations. 

On others, like the audiotorium board, if there is an 

| opening coming up and it is important to me to make the 

| appointment, then I will look over the list of people that 

I have confidence in and I might call. 

| Q You have a list that you keep at your desk of people 

| that you have confidence in? 

A I have friends that I have confidence in and I have 

friends that I don't consult for advice and then I have a lot 

of acquaintances and I am sure that every individual, whether 

he is in politics or not, has close associates, friends and 

acquaintances. So, if I were looking for a person to put on 

a board this afternoon I would call somebody that knew people 

out in that community, both black and white. 

Q Out in which community? 
         



    

492 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 
911 

  

ro
 

~
   

  

A In whatever community I was trying to find or whateve 

area I was trying to find an appointment in. 

Q Well, I guess that is what we are trying to get at 

is to figure out how you zero in on a community when you 

find out there is a need for an appointment? 

A Well, if one of my appointments on the audiotorium 

board were to resign this afternoon and it was determined 

that this person was my appointment and -- incidentally, 

I appointed the first black to that board and appointed the 

first woman and the first woman black I appointed to that 

board and so if that opeming were to come about this 

afternoon, then I would start researching within my own 

mind who I could fill that vacancy with and it might be that 

I would call a white person or it might be that I call a 

black person and ask for a recommendation, someone that 

was qualified to serve and someone in whom I had great 

confidence. 

I have not made it a great practice calling up these 

people after they got appointed to a board and pull strings 

and treat them as a puppet. That is not my policy. I 

appoint people I have confidence in and on occasions some 

of them have disappointed me. 

Q You said that there are a number of committees where 

you must select persons nominated by boards of architects or 

        
 



J
 

493 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

engineers and what else did you mention? 

A Well, some of these you have to have someone familiar 

with air conditioning, for instance, and air conditioning 

professional groups. I don't even remember what they are 

call, but they make these recommendations. I can't help it, 

because they don't have a black air conditioning engineer that 
| 

they recommend to us.   
Q Let's get something straight. You are not saying that 

there are no qualified black engineers or air conditioning 

people or whatever; you are not saying that? 

  
A I am saying that I have tried to find a black civil 

Engineer for eleven years and I don't have one yet on my staff] 

0 There are no black civil engineers in Mobile? 

A I have not been able to locate them. 

ND Okay. Where do you look when you are looking for a 

black civil engineer? 

A I have been told a number of engineers, including   
the engineering school at South Alabama. TI have talked to 

people in other parts of the country who are in the public 

works field and I have talked to the commissioner of public 

works in Atlanta, who is a black man, and who is a civil 

engineer and he confesses he can't find black civil engineers 

and I have let the personnel board know that I would like to 

have a black engineer on my staff. 

         



  

494 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

an 312   

2 We go into every area of the City and deal with all of 

3 the people and I would like to have a black representative on 

4 my staff, but I have not been able to locate a black civil 

5 lengineer. 

6 ID Does that hold true also for architects? 

TA The only black architect I know is Mr. Jones, who is   
8 on the water and sewer board. 

| 

9 Ip Do you know of any black architects employed with the 

10 Corp of Engineers? 

11 A I think that is the problem, the federal government 

12 Fakes them all. 

13 0 Just because he was employed at the Corp of Engineers 

14 in. stop you from appointing him to the water and sewer 

15 |board? 

16 IA No. You miss the point. 

7 in I am sorry, give it to me again. 

18 A I am talking about as a staff person, now. I have 

19 [looked for a“,........ 

20 |THE COURT: 

21 You mean a full time employee? 

2 |A Yes, your Honor. I have looked for a black civil 

23 lengineer to put on the staff full time with the City of Mobile 

o4 |and I have not been able to locate one. 

25 MR . BLACKSHER . 

        
 



495 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

914   

We were talking about boards and committees. 

A Well, if I can't find one to hire, I certainly don't 

know if I could find one to appoint to a board. 

Q Well, you find an architect that you couldn't hire 

that you probably could have appoint to a board. 

A He is the only black architect that I know and I am 

not trying to be smart. He is serving on our water and sewer   
board and he works for the Corp of Engineers and I imagine 

makes more money than he could working for us. 

Q If I told you there were two other black architects 

working for the Corp of Engineers alone, would that surprise 
| 
| 

  
you? 

A No. It wouldn't surprise me. I just don't know these 

gentlemen. 

Q This Mobile Transit Authority you said was recently 
~ 

odualintshen and that is not on the disci ds it? 

A No. I don't think so, because it is fairly new. 

Q How many members are on the authority and how many of 

them are black? 

A Well, I have two appointments and I think the other 

two commissioners have two appointments and one of mine is 

white and one of them is black. 

Q I am sorry, run that by me again. 

THE COURT: 
         



  
~]

 
ao

 

  

496 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

915 
  

What is the total number? 

A Six, your Honor. Each commissioner has appointed 

two. 

THE COURT: 

How many total blacks? 

A One.   
THE COURT: | 

| That was your appointment? 

A Yes. 

MR. BLACKSHER: 

Who was that black person you appointed, Mr. Mims? 

A Marshall Robinson.   
berdentage of the patrons of the transit system. I mean, did 

that occur to the commissioners when they were appointing? 

A Sir, I can only speak to myself. I put one black and 

one white out of the two. I don't know what else I could 

have done. 

Q I think we have talked about this the last time we 

appeared in the Court together. One of the facets of the 

City Commission is that you are only responsible for you and 

not responsible for the others? 

A I am responsible to the people of Mobile and I think 

I have met those responsibilities quite well. 

0 And yet the black citizens of Mobile are the overwhelm} 

        
 



497 
| FEDERAL STENOGRAPHIC REPORTERS 
| P.O. BOX 1971 
| MOBILE, ALABAMA 

916 
  

[o
 

0 By the way, concerning the transit authority, is it 

a fact that there are just aren't any bus routes that go north 

and south between the north end of town and the south end of 

to go down to the foot of Royal Street and transfer there and 

go all the way back out again in one direction or the other?   
A Well, the City of Mobile is so laid out to the core, 

that the central core is by the river and, over the years, the 

routes have all been designed to come into the central core. 

Now, studies have been made by the new operators of   the system and we have a professional operator who is helping 

the authority. They have some new route configurations 

fevizned’ As far as them going right straight down from 

Prichard to Navco, I doubt very seriously if that will ever be; 

In this business I have found we have more expert traffic   
engineers and more expert civil engineers and more experts than 

you can shake a stick at and everybody says why don't we have 

a bus to run from Trinity Gardens to Navco interchange. That 

doesn't mean that people are going to ride just because 

somebody thinks that ought to be. This is like testimony 

riven here earlier today that a traffic light ought to be 

at their corner, but it doesn't mean it is necessarily justi- 

fied. 

Q Who was that that said everybody wanted a traffic 

town, you know, through Government Street? Don't they all have 

        
   



  

ge
) 

On
 

J
 

  

498 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

917 
  

light at their corner? 

A I think it was brought out earlier in the testimony, 

I think Mr. Doyle said so. 

0 Mr. Doyle wanted it? 

A No. He didn't say he wanted one. 

0 Okay. We have this board of adjustment, number one, 

looks like it is -- we have one black out of a history of 

sixteen total members. Do you know any reason why there were 

not any more blacks than that appointed to this particular 

board? 

Is it a question of availability of some particular 

skill; or something of that sort? 

A I do not know the answer to that question. I do know 

the board of adjustments membership on that is not an easy   
role, because these people, whether black or white, come under 

bo awful lot of pressure when you have a hundred people in the 

chambers and fifty-four something and fifty against it. 

0 What has that got to do with my question? 

A Well, it has a lot to do with the question. Getting 

somebody that wants to take that pressure and strain and listen 

to all of that static and any member of the press can tell you 

what goes on in a board of adjustment meeting. 

0 Are you inferring that there have been black people 

unwilling to take that pressure? 

3 

        
   



499 
FEDERAL STENOGRAPHIC REPORTERS | 

| 
| P.O. BOX 1971 

| 

  

  

    

MOBILE, ALABAMA 

| 918 

2. [A No. I didn't infer black or white. A lot of people 

3 |wouldn't take that pressure. 

4 ||0 You are not saying that there are not qualified black 

5 |lcitizens in Mobile who were able to serve on the board of 

6 |ladjustments? 

2 A No. We have one on there. 

8 0 Is he the only qualified person? 

9 A I did not say that. I have not implied that there were 

10 abe qualified blacks. 

11 10 What about this air conditioning board? This is the 

12 (board that screens applicants for licenses for people who want 

13 |to do air conditioning work? 

14 A As I understand it, yes. 

15 Q As a matter of fact, there is a lot of air conditioning 

16 redhante type courses in the local trade schools, isn't there? 

17 |A So far as I know. 

18 0 Southwest Technical State, Carver State, I think both 

19 |have courses, don't they? 

20 A I am not familiar with that. 

21 Q You are not saying that there are no black persons in 

99 this community who are qualified to serve on that board, are 

93 you? 

94 A No. But we have not received recommendations from 

55 these various agencies that make the recommendations. 
| 

      I 

| 
| 
|  



    

500 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

219 
  

(W
] 

24 

25 

Q The air conditioning contractors? 

A When those recommendations come up to us, we don't 

know whether they are black or white. They recommend Mr. Jone 

Mr. Smith or whoever. 

Q And it is these private agencies that control on who 

serves on the board? 

A They make their recommendations to the city commission 

and we appoint them. 

Q You are powerless not to appoint their recommendations 

is that correct? 

A | I think these requirements are specified in the 

ordinance of the state's statute and these people are rightful 

making these recommendations to us. 

MR. BLACKSHER: 

I believe, your Honor, we could have this document 

marked, but the information was turned over to us from the 

City indicates that the air conditioning board is established 

by a city ordinance. Do you want to stipulate to that? 

MR. ARENDALL: 

Whatever it shows, Jim. I have really done no 

research on these things. 

MR. BLACKSHER: 

In fact, the air conditioning board ordinance says 

it shall be composed of five members appointed by the City 

        
 



501 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

920   

BO
 Commission. It shall consist of the following members; one 

air conditioning refrigeration mechanic, one business principa 

of a registered air conditioning and heating firm; one 

principal of a registered air conditioning and heating firm 

that is primarily engaged in installing heating and air 

conditioning systems and residences and one independent 

practicing mechanical engineer, a registered engineer in the 

State of Alabama, and one representative of the public. 

So, it appears that no one makes recommendations to 

that board. Does that come as a surprise to you? 

A No, it doesn't come as a surprise. We have forty-six 

different boards and commissions here and I think it would be 

impossible for me to be familiar with every ordinance and 

state statute. I can say emphatically that no black person 

has ever come to me and said, '"Mr. Mims, we would like some 

representation on the air conditioning advisory board." I hav 

had no complaints in the eleven years that I have been in 

office. 

Q Have white persons come to you and requested 

representation on the air conditioning board? 

A No. 

Q Now, this Mobile Bicentennial committee. Is there any 

reason why there are three out of forty-six members that are 

black? Are there any qualifications that you felt ruled out 

| 

        
   



  

502 | 
FEDERAL STENOGRAPHIC REPORTERS 

P.O. BOX 1971 

MOBILE, ALABAMA 

  

  

no
 any black citizens in substantial numbers to that board? 

344A We appointed some blacks to this, ever how many to 

4 |begin with, and then this committee kind of grew on us, 

5 ||because a number of people expressed interest in the 

6 |[bicentennial celebration and, as a civic club, well, they 

7 |would say you ought to put Mr. Jones on here. He is, you 

8 |know, involved with the ROTC, or whatever, and he ought to be 

9 |on the bicentennial committee and the City Commission kept 

10 [adding and adding and we wound up with whatever it says here, 

11 |[forty-six members, but go back and research the records at 

12 |[City Hall and you will find out that we started off with 

13 |about twelve members, three of which were black, and it grew   14 |and grew and grew and that is the only explanation I can 
| 

15 |eive you. 

16 8 The explanation, as I understand it, being they just 

17 Lianted black groups like white groups expressed interest in 

18 |joining the committee, is that what you are saying? 

19 A Well, yes, and also the blacks have not expressed 

90 @S much interest, as I would like to have seen them express, 

9; [kn our Independence Day celebration. Every year out of 

thirty-five thousand at Ladd Stadium I doubt seriously if we 22 

" had seven hundred blacks and it was a free program for all the 

oy itizens of Mobile and we have encouraged everyone to come 

95 and enjoy this program. 

        
 



 
 

 



yo

Copyright notice

© NAACP Legal Defense and Educational Fund, Inc.

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.


Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Return to top