Appendix Volume I
Public Court Documents
June 6, 1977
515 pages
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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.
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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
—
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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
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|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-
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[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
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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.
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|
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
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[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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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: 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
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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
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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,
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|
|
‘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.
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|
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
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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:
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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
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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
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| 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
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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 |
\
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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
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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
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| 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
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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
|
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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
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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?
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= 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?
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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 --
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| FEDERAL STENOGRAPHIC REPORTERS
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|
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
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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
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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
}
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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.
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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
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| FEDERAL STENOGRAPHIC REPORTERS
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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
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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.
]
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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
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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.
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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| FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
|
{
|
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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.
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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
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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
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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 )
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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,
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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| 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?
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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
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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
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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
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— 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.
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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.
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FEDERAL STENOGRAPHIC REPORTERS
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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
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(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
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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
=]
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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.
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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: (¥
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?
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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.
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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
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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?
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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?
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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
|
|
|
|
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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
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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.
|
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FEDERAL STENOGRAPHIC REPORTERS
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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,
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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.
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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 |
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FEDERAL STENOGRAPHIC REPORTERS
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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.
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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.
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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
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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.
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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
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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
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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:
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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
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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?
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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.
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THE COURT:
25
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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.
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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%
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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:
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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?
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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
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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
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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
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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,
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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
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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?
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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?
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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
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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.
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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
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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?
;
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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 >
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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
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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
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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
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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
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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
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— 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
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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
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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
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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
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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
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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
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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
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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
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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
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= 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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
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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
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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.
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= 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
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FEDERAL STENOGRAPHIC REPORTERS
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_ : -
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
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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
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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?
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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.
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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
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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?
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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.
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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.
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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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
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w
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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:
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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
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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
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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
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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
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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.
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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.
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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?
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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:
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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an
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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?
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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
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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.
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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
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FEDERAL STENOGKAPHIC REPORTERS
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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
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; : 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 ;
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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.
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| FEDERAL STENOGRAPHIC REPORTERS
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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.
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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:
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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| FEDERAL STENOGRAPHIC REPORTERS
| P.O. BOX 1971
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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
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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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
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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
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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
-
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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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
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O
>
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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.
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FEDERAL STENOGRAPHIC REPORTERS
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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.
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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:
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FEDERAL STENOGRAPHIC REPORTERS
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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»
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FEDERAL STENOGRAPHIC REPORTERS
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w
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
|
|
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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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?
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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.
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/ 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?
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(LS
)
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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
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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
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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.
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ne
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| 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
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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
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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
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~
©
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.
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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
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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.
|
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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
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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?
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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
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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
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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
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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
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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
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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
“
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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.
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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
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FEDERAL STENOGRAPHIC REPORTERS
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(ep
)
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| 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?
|
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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 ——
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
|
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FEDERAL STENOGRAPHIC REPORTERS
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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
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798
22
23
24
Do
Ar
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|
|
' 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
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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.
|
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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
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A Well, for one thing, it involved the administration
| burglaries, primarily auto burglaries, which involved primaril
402
FEDERAL STENOGRAPHIC REPORTERS
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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
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| FEDERAL STENOGRAPHIC REPORTERS
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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?
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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
|
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| FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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. |
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i FEDERAL STENOGRAPHIC REPORTERS
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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. |
|
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| 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
| |
|
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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 |
|
|
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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
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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
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| | | | | | ©
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
|
| {
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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| 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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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 |
[
|
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|
25 |
|
|
|
i
420
FEDERAL STENOGRAPHIC REPORTERS |
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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
|
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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:
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FEDERAL STENOGRAPHIC REPORTERS
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|
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?
|
|
|
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FEDERAL STENOGRAPHIC REPORTERS
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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:
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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— 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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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° || 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
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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.
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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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
]
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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}
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= 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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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(¥
)]
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
|
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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
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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
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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
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: 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
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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
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| 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? |
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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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
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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:
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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.
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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
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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
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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
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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
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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
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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
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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
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(§
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
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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
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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
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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
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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
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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
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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)
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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-
{|
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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.
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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. |
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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- 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
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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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.
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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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
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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
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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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?
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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
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| 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
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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?
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FEDERAL STENOGRAPHIC REPORTERS
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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
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FEDERAL STENOGRAPHIC REPORTERS
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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.
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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 .
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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
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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
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[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
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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
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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
|
|
|
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(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
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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
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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