United States
District Court Records This material compliments that of Wiley L. Bolden v. City of Mobile found in the Blacksher, Menefee, and Stein Records. Box 2 This box contains individual legal-size folders and two (2) large, expanding files housing trial exhibits and other materials generated during and directly following the first Bolden trial. The individual folders contain Defendant's exhibits admitted in the first (1st) trial. NOTE: this is not a numerically continuous or complete set of exhibits. The complete listing of all exhibits received by the Archives as part of this collection follows: Def. Ex. 12: Census data, 1970 Def. Ex. 25: Voyles's Figure VII - Comparison of black/white voting, selected economic groups. Def. Ex. 26: Voyles's Figure VIII - Comparison of low/high income white wards in Mobile voting. Def. Ex. 28: 1973 City Commission First Race figures (with computations). Def. Ex. 29: Place 1 run-off, City election, 1973 Def. Ex. 30: Resolution on 1973 City election. Def. Ex. 31: 1976 County Commission run-off figures. Def. Ex. 32: 1976 County Commission run-off figures (percentage and differences). Def. Ex. 33: List of candidates in city elections, 1961, 1964, 1968, 1973. Def. Ex. 54: Voyles's charts (2). Def. Ex. 56: Newspaper articles from the Mobile Press Register, 1911 (numerous articles). Def. Ex. 57A: Changes in the patrol territory boundaries of Mobile policemen, December 28, 1973. Def. Ex. 57B: Changes in the patrol territory boundaries of Mobile policemen, December, 17, 1976. Def. Ex. 57C: Patrol Allocation Study - territory and workload analysis of Mobile policemen. Def. Ex. 57D: Map - police assignments, 1970. Def. Ex. 57E: Map - police assignments, December 10, 1975 (this exhibit has been placed with similar large materials in Box #10). Def. Ex. 57F: Map - police assignments, March 7, 1976 (this exhibit has been placed with similar large materials in Box #10). Def. Ex. 59A: List of city water and sewer ventures. Def. Ex. 59C: Map - city water and sewer ventures (this exhibit has been placed with similar large materials in Box #10). Def. Ex. 60A: List of city paving ventures since 1951. Def. Ex. 60B: List of streets (subdividers) accepted since 1951. Def. Ex. 60D: Summary of street information as per Voyles's groups. Def. Ex. 60E: Map - streets, city ventures, and streets (subdividers) (this exhibit has been placed with similar large materials in Box #10). Def. Ex. 60F: Map - resurfacing and paving ventures (this exhibit has been placed with similar large materials in Box #10). Def. Ex. 62A: Compilation of information on Mobile parks personnel and programs. Def. Ex. 62B: Recreation expenditures, 1971-1975. Def. Ex. 62C: Federal grant application for parks. Def. Ex. 62D: Map - Mobile parks (this exhibit has been placed with similar large materials in Box #10). Def. Ex. 63A: Budget for major drainage program: estimate for six-years, 1975-1980. Def. Ex. 63B: Listing of major drainage programs. Def. Ex. 63C: Map - illustrating the major drainage programs (this exhibit has been placed with similiar large materials in Box #10). Def. Ex. 64A: A study of redevelopment plans and rehabilitation standards, prepared by the Mobile City Planning Commission, 1975. Def. Ex. 64B: A study of community development and citizen participation, 1975. Def. Ex. 64C: A study - Housing and Community Development, 1974. Def. Ex. 65A: Summary by the Neighborhood Improvement Council, January 15, 1976. Def. Ex. 65B: Documentation, exhibits, and reports of the Neighborhood Improvement Council, January 1976. Def. Ex. 66A: Documentation - audit of Federal Revenue Sharing funds. Def. Ex. 66B: Def. Ex. 66C: Map and charts - Federal Revenue Sharing Audit (two documents, one map, and one chart) (this exhibit has been placed with similar material in Box #10). Def. Ex. 71: Vandalism report on public buildings and facilities, prepared by the city engineer, for the period of July 1975 through December 1975. Def. Ex. 72A: Def. Ex. 76: Miscellaneous correspondence among city officials and Mobile citizens, re: drainage, October 1974 - January 1976. Def. Ex. 78: Miscellaneous correspondence among city officials and Mobile citizens, re: Liberty Park, 1975-1976. Def. Ex. 80: Miscellaneous correspondence, re: Trinity Gardens, 1970, 1972, 1974. Def. Ex. 81: Miscellaneous correspondence, re: Lincoln Street, 1974, 1975. Def. Ex. 85: Report by Commission Robert B. Doyle, Jr., re: the Glenn Diamond incident (involving charges of police brutality against Mobile policemen). Def. Ex. 86: Book: For Christ and Country, written by Lambert C. Mims (now on Archives reference shelf). Def. Ex. 87: Resume of James Everett Voyles. Def. Ex. 88A: A summary of data for the 1973 City Commission race - black wards. Def. Ex. 88B: A summary of data for the 1973 City Commission race - black wards. Def. Ex. 88C: A summary of data: shift of black swing vote to Greenough in 1973 run-off election. Def. Ex. 89: Articles written by John F. Banzhaf, III, re: "One Man, One Vote." Def. Ex. 90: A study - "Housing Assistance needs," (two volumes) prepared in June 1975, Vol. I: Housing Demand and Need Analysis, Vol. II: Areas for Rehabilitation. EXPANDING FILE #1: EXPANDING FILE #2: Within this file are seven depositions
taken prior to the first hearing/trial in the Bolden case. Each deposition is
individually bound. Below is a list of the witnesses who gave these depositions and the
dates on which they were taken: Box 3 One large expanding file folder containing four (4)
volumes of COURT REPORTER TRANSCRIPTS: Box 4 This box consists of two large expanding file folder, each of which contains Plaintiff's trial exhibits from the second (2nd) trial in the Bolden case held in the U.S. District Court for the Southern District of Alabama. EXPANDING FILE #1: This file is labeled "Trial Exhibits (2nd Trial), Plaintiff's Exhibits 1-30, (Curriculum vitaes, Act of the Alabama Assembly chronologically ordered, 1819-1930)" Plt. Ex. 1: Curriculum vitae of Jerrell Shofner, expert witness. Plt. Ex. 2: Curriculum vitae of Peyton McCrary, expert witness. Plt. Ex. 3: Curriculum vitae of Chandler Davidson, expert witness. Plt. Ex. 4: Curriculum vitae of J. Morgan Koussler, expert witness. Plt. Ex 5: 1819 Alabama Act - To Incorporate the City of Mobile, AL (Alabama Acts were not numbered at this early date). Plt. Ex. 6: 1825 Alabama Act - To amend an Act entitled an Act to Incorporate Mobile; To alter and amend the charter of incorporation of Mobile; Provide for a mayor and six aldermen to be elected annually in a general ticket by the free white citizens of Mobile (there are several acts in the exhibit, those numbered are given). Plt. Ex. 7: 1833 Alabama Act - No. 68: To require a redivision of Mobile into wards; No. 69: To exempt certain persons therein named from the performance of military and other duties. Plt. Ex. 8: 1840 Alabama Act - No 70: To amend the charter of Mobile; To provide for a mayor, a board of aldermen, and a board of Common Councilmen. Plt. Ex. 9: 1844 Alabama Act - No. 221: To consolidate, alter, and amend the several acts of incorporation of Mobile. Plt. Ex. 10: 1852 Alabama Act - No. 199: To provide for the contesting of the municipal elections of Mobile. Plt. Ex. 11: 1866 Alabama Act - No. 165: To incorporate Mobile [define its bounds, define its eight wards]. Plt. Ex. 12: 1868 Alabama Act - To reorganize and establish the municipal government of (?). Plt. Ex. 13: 1868 Alabama Act - No. 70: To empower the government to appoint 21 aldermen and eight Common Councilmen; No. 71: To reorganize the municipal government of Mobile. Plt. Ex. 14: 1870 Alabama Acts and excerpts from the House and Senate Journals from the 1869-1870 legislative session - No. 97: To reorganize the municipal government of Mobile and to provide for the election of the officers thereof; Joint Resolution: the General Assembly of Alabama ratifying the fifteenth amendment to the Constitution. Plt. Ex. 15: 1874 Alabama Act and excerpts from the House and Senate Journal, re: No. 365: Senate Bill (S.B.) 4: To regulate the election of municipal officers in Mobile. Plt. Ex. 16: 1879 Alabama Acts - No. 307, House Bill (H.B.) 695: To vacate and annul the charter and dissolve the corporation of Mobile, "The corporation of the city of Mobile, known and styled as the mayor/aldermen and common council of Mobile is hereby abolished," three commissioners to be appointed by the governor; No. 308, H.B. 698: To provide for the election of the Mobile Police Board. Plt. Ex. 17: 1885 Alabama Act and excerpts from the House and Senate Journals, re: No. 295, H.B. 224: To regulate the holding of political primary meetings in Mobile county. Plt. Ex. 18: 1886 Alabama Act - No. 152, H.B. 151: To amend an Act entitled an Act to incorporate the port of Mobile, and to provide for the government thereof, approved No. 308. Plt. Ex. 19: 1893 Alabama Act - No. 126, H.B. 125: To amend Section One of Act No. 308, re: boundary lines of Mobile. Plt. Ex. 20: 1895 Alabama Act - No. 230: To amend Act. No. 152, specifically in relation to Mayor Pro-tem and officers to be elected by the council. Plt. Ex. 21: 1897 Alabama Act - No. 214: To provide a charter for Mobile. Plt. Ex. 22: 1899 Alabama Act - No. 567: To amend Act No. 214, Section 15, re: officers and their salaries. Plt. Ex. 23: 1901 Alabama Act and excerpts from the House and Senate Journals from the 1900-1901 legislative session, re: No. 1039.5: To provide a charter for the City of Mobile. Plt. Ex. 24: 1907 Alabama Act and excerpt from the House and Senate Journals from the regular and special legislative sessions of 1906-1907 (There are numerous complex pieces of legislation in this exhibit. The primary ones being Nos. 677 and 797). Plt. Ex. 25: Excerpts from the House Journal for the special legislative session of 1909, re: Act Nos. 56 and 200. Plt. Ex. 26: 1911 Alabama Act - No. 281: Commission legislation. Plt. Ex. 27: 1915 Alabama Act and excerpts from the House and Senate Journals, re: No. 508: Annexation legislation - To alter and rearrange the boundaries of Mobile. Plt. Ex. 28: 1919 Alabama Act - No. 274: To amend Act. No. 281, Commission legislation. Plt. Ex. 29: 1927 Alabama Act and excerpts from the House and Senate Journals from the 1927 legislative session, re: No. 245: Annexation legislation - To alter and rearrange the boundaries of Mobile. Plt. Ex. 30: 1931 Alabama Act and exerpts from the House and Senate Journals, re: No. 531: Annexation legislation - To alter and rearrange the boundaries of Mobile. EXPANDING FILE #2: This file is labeled "Trial Exhibits (2nd Trial), Plaintiff's Exhibits 31-55 (Acts of Alabama General Assembly, chronologically ordered 1932-1979, excerpts from Mobile Commercial/Daily Register, 1826, 1828, 1865-1869)" Plt. Ex. 31: 1932 Alabama Act and excerpts from the House and Senate Journals, re: No. 240, H.B. 435: Annexation legislation. Plt. Ex. 32: 1935 Alabama Act and excerpts from the House and Senate Journals, re: 349, H.B. 901: Annexation legislation. Plt. Ex. 33: 1939 Alabama Act and excerpts from the House and Senate Journals, re: 246. Plt. Ex. 34: 1945 Alabama Act and excerpts from the House and Senate Journals, re: 181, 182, 295: Annexation legislation. Plt. Ex. 35: 1955 Alabama Act and excerpts from the House and Senate Journals, re: 381, H.B. 900: Annexation legislation. Plt. Ex. 36: 1956 Alabama Act and excerpts from the House and Senate Journals, re: 18, H.B. 29: Annexation legislation. Plt. Ex. 37: 1961 Alabama Act and excerpts from the House and Senate Journals, re: 257, 785, 866: Annexation legislation. Plt. Ex. 38: 1965 Alabama Act and excerpts from the House and Senate Journals, re: 718, H.B. 1232; No. 823, S.B. 138; No. 838, S.B. 466. Plt. Ex. 39: 1971 Alabama Act and excerpts from the House and Senate Journals, re: 303, H.B. 231; No. 428, S.B. 527, No. 877, H.B. 1569. Plt. Ex. 40: 1975 Alabama Act and excerpts from the House and Senate Journals, re: 610, S.B. 476. Plt. Ex. 41: Senate Journal excerpts from the 1976 legislative session - focus: the Sonnier Bill, H.B. 1060; the Roberts Bill, S.B. 16; the Perloff Bill, S.B. 662. Plt. Ex. 42: House Journal excerpts from the 1979 legislative session - focus: the Buskey Bill, H.B. 951; the Callahan Bill, H.B. 520. Plt. Ex. 43: The 1981 Sandusky Bill. Plt. Ex. 44: The 1981 Mary Zoghby Bill - provided for a direct commission form of government in any class two municipality. Plt. Ex. 45: 1955 Alabama Acts - Nos. 453 and 452; 1961 Alabama Acts - Nos. 1029 and 1030: deals with Birmingham, Alabama. Plt. Ex. 46: Article from the Mobile Press Register, dated April 8, 1981, "Against Violence and Racism in Our Community." Plt. Ex. 47: List of members and officers of the 1868-1870 session of the Alabama General Assembly. Plt. Ex. 48: Articles from the Mobile Register, January, March, and April 1826. Plt. Ex. 49: Articles from the Mobile Register, March 1828. Plt. Ex. 50: Articles from the Mobile Register, September and December 1865, concerning the "Radical Plan" of the "black" Republicans. Plt. Ex. 51: Articles from the Mobile Register, January-March, September-December 1866, concerning the activities of the "radical Republicans" and the question of "a white or a black government." Plt. Ex. 52: Articles from the Mobile Daily Register, April-July and October of 1867, concerning election returns in Mobile. Plt. Ex. 53: Articles from the Mobile Daily Register, July-October 1868, concerning "radical" activity and the election of black officials. Plt. Ex. 54: Articles from the Mobile Daily Register, July and August 1869, concerning the state legislature race - Proskauer v. Alexander; September and October: the question of black schools; November: the introduction of the Coon Bill in the Alabama General Assembly. Plt. Ex. 55: Articles from the Mobile Daily Register, January 1870: The Municipal Reorganization Bill and the Mobile School Board; February and March: the School Board and School Commissioners; April: "Schools and School Examiners;" September: the 1870 census; November: the Municipal Reorganization Bill and the School Board. Box 5 This box consists of Plaintiff's trial exhibits from the second (2nd) trial of the Bolden case in the United States District Court for the Southern District of Alabama. The exhibits are in two large expanding files and two individual file folders. The two smaller, individual folders specifically contain one lengthy exhibit, no. 85. EXPANDING FILE #1: This file is labeled "Trial Exhibits (2nd Trial); Plaintiff's Exhibits 57-85" Plt. Ex. 56: MISSING FROM COLLECTION. Plt. Ex. 57: Articles from the Mobile Register: November and December 1872. Plt. Ex. 58: Articles from the Mobile Register: November and December 1873, re: the Democratic and Conservative nominations - the municipal elections ticket. Plt. Ex. 59: Articles from the Mobile Register: November and December 1874, re: election returns showing democratic victories in Mobile on November 4, 1874, "The Strike for Freedom: White Supremacy Sustained." Plt. Ex. 60: Articles from the Mobile Register: October, November, and December 1877, re: the mayoral race in Mobile - Peoples' Party Candidate, Duffee; Republican Party candidate, Ravesies; Democratic Party candidate, Pillans; announcements of party meetings throughout the city; announcement of Duffee's victory on December 23. Plt. Ex. 61: Articles from the Mobile Register: October 23, 1884 - Democratic and Conservative parties nominate candidates for the upcoming national election; June 11, 1884, June 15, 1884, June 24, 1884 - Citizens' party convention nominates opposing ticket; June 12, 1884 - Comments on the "Citizens' Ticket;" June 18, 1884 and June 24, 1884 - Republican nominations for county offices; July 6, 1884, July 8, 1884, July 13, 1884, July 15, 1884, July 20, 1884 - Commentary on the "Citizens' Ticket;" August 3, 1884 and August 6, 1884 - Democratic ticket won in state elections, Independents were only of consequence in Mobile; August 12, 1884 - Copy of official returns of election on August 4, 1884. Plt. Ex. 62: Articles from the Mobile Register: January 3, 1907 - "A Race's Ingratitude;" January 10, 1907 and January 16, 1907 - Article by B. B. Comero; February 21, 1907 and June 30, 1907 - "Bromberg [President of Alabama Bar Association] Proposes Amendment, Thinks Constitution Makers Erred in Not Barring Negroes from Elective Office;" June 30, 1907 and July 27, 1907 - Commentary on Bromberg proposal; September 1, 1907 - Redistricting Mobile, election of officers; October 1, 1907 - Commentary on Roosevelt, McKinley, and Taft; November 2, 1907 - Re-warding the city of Mobile. Plt. Ex. 63: Articles from the Mobile Register: April 24, 1908 and May 4, 1908 - Senator Tillman and white supremacy; May 5, 1908, May 12, 1908, and May 13, 1908 - mayoral race in Mobile between Lyons and Shepherd; May 14 - May 18 and September 22, 1908 - Commentary on election day and returns. Plt. Ex. 64: Articles from the Mobile Register: July 25, 1909 - "Open Letter to Legislators," re: the Bromberg proposal to exclude blacks from holding office; August 5, 1909 - "Exclusion of Negroes from Office;" July 29, 1909 - "Commission Government Bill, Text of Measure Agreed Upon at the Conference of Representatives of Three Cities." Plt. Ex. 65: Articles from the Mobile Register: June 9, 1910 - "To Reduce Negro Crime;" August 3, 1910 - "The Negroes and Crime;" not dated - "Local Views: For Commission Form of Government;" not dated - "Texas Vote for the Amendment;" not dated - "Come in for Commission Government." Plt. Ex. 66A: Articles from the Mobile Register: February 11, 1911 - "Claims Negro has No Rights, Bishop Turner Says Race is Being Robbed;" April 9, 1911 - "Bills Die at Montgomery;" June 2, 1911 - "People Objected to Gathering of Office Holders," and "Commission Form of Government at it Affects the Workingman." Plt. Ex. 66B: Articles from the Mobile Register: June 2, 1911 - "People Objected to Gathering of Office Holders." Plt. Ex. 67: Article from the Mobile Register: September 21, 1980 - "Strong Vote Needed in Run-off Contest." Plt. Ex. 68: Articles from the Mobile Register: 1832-1910, re: Election results. Plt. Ex. 69: The Alabama State Journal, December 4, 1869. Plt. Ex. 70: Excerpt from the Mobile Daily Item, April 24, 1908, re: strict drawing of the color line at Democratic primary by the Executive Committee. Plt. Ex. 71: The Mobile Journal, October 4, 1963. Plt. Ex. 72: "The Bromberg Paper," by Frederick George Bromberg - "The Reconstruction Period in Alabama," published between 1911 and 1914. Plt. Ex. 73: Andrew Johnson's Papers: Correspondence, John Forsyth to Andrew Johnson, December 12, 1867 (from the Library of Congress microfilm edition). Plt. Ex. 74: Selected correspondence of Governor William Smith, 1868-1870. Plt. Ex. 75: "Constitution of the State of Alabama as Revised and Amended, 1868." Plt. Ex. 76: Mobile County voters who voted in the 1868 Constitutional Convention Referendum. Plt. Ex. 77: Civil Archives Documents: November 17 and December 20, 1869. Plt. Ex. 78: Alabama Manual and Statistical Register excerpt showing registration of voters, popular vote of Alabama at Presidential elections, and male (21-100) population of each county in Alabama for 1869. Plt. Ex. 79: Democratic Executive Committee Minutes, February 7, 1908. Plt. Ex. 80: Selected correspondence, re: Bromberg Papers, 1869-1909. Plt. Ex. 81: Alabama Manual and Statistical Register for 1871 excerpts showing registration of voters, population by race and sex in 1866, and election returns of November 1870 - votes for and against the Constitution of 1868. Plt. Ex. 82: Alabama Official and Statistical Register for 1903 excerpts showing Constitutional Convention statistics, Presidential vote in Alabama elections of 1896 and 1900, and Congressional vote in Alabama elections of 1902. Plt. Ex. 83: Alabama Official and Statistical Register for 1907 excerpts showing Alabama voter registration and election statistics for the Presidential election of 1904. Plt. Ex. 84: Alabama Official and Statistical Register for 1915 excerpts showing voter registration statistics for the years 1906-1908. Plt. Ex. 85: "A History of the Direct Primary in Alabama, 1840-1903," a dissertation by Allen Woodrow Jones, published in 1964. EXPANDING FILE #2: This file is labeled "Trial Exhibits (2nd Trial), Plaintiff's Exhibits 86-123; AL Laws 1964-65; Census Reports 1870-1980; 1863 AL Acts" Plt. Ex. 86: Copies of speeches given by Governor George C. Wallace before Joint Session of Senate and House on August 4, 1964. Plt. Ex. 87: Excerpt from AL Laws, 1965, Vol. I, Message of Governor Wallace to Joint Session of Alabama Legislature on September 9, 1965. Plt. Ex. 88: AL Laws, 1965, Vol. I, Senate and House Joint Resolutions, re: reapportionment of Alabama Legislature and desegregation. Plt. Ex. 89: Mobile SMSA (Standard Metropolitan Statistical Area) information on Manpower, 1980. Plt. Ex. 90: Mobile SMSA, Annual Planning Information, July 1980. Plt. Ex. 91: MISSING FROM COLLECTION Plt. Ex. 92: Census data: Alabama Official and Statistical Register, 1911. Plt. Ex. 93: Census 1870: Statistics of Population (by counties of Alabama, 1790-1870). Plt. Ex. 94: Census 1880: Statistics of Population at the Tenth Census, June 1, 1880. Plt. Ex. 95: Census 1890: Compendium, Part I - Population (by Alabama counties). Plt. Ex. 96: Census 1890: Part II - Population at the Eleventh Census (by Alabama counties). Plt. Ex. 97: Census 1900: Vol. I, Part I - Population (by Alabama counties). Plt. Ex. 98: Census 1900: Vol. II, Part II - Population (by Alabama counties). Plt. Ex. 99: Census 1910: Vol. I - Population General Report and Analysis. Plt. Ex. 100: Census 1910: Vol. II - Population Reports by States (Ala. - Montana). Plt. Ex. 101: Census 1920: Population Composition and Characteristics (by states). Plt. Ex. 102: Census 1930: Vol. III, Part I - Population (Ala. - Missouri). Plt. Ex. 103: MISSING FROM COLLECTION Plt. Ex. 104: Census 1940: Vol. II, Part I - Population Summary (Ala. - District of Columbia). Plt. Ex. 105: Census 1950: Vol. II, Part II - Characteristics of Population (Ala.). Plt. Ex. 106: Census 1960: Vol. I, Part II - Characteristics of Population (Ala.). Plt. Ex. 107: Census 1960: "Ten Years of Change Will Be Measured by the 1970 Census." Plt. Ex. 108: Census 1970: Vol. I, Part II - Characteristics of Population (Ala.). Plt. Ex. 109: Census 1970: General Social and Economic Characteristics (Ala.). Plt. Ex. 110: Census 1980: Population and Housing of Mobile County, AL. Plt. Ex. 111: 1963 AL Act, No. 502, S.B. 445. Plt. Ex. 112: 1963 AL Act, No. 126, H.B. 158. Plt. Ex. 113: AL Legislature - Bills relating to Mobile, 1963. Plt. Ex. 114: A census tract map of Mobile and vicinity showing percentage of black population in various areas (located on the over-size material rolls). Plt. Ex. 115: Census 1970: tract map of Mobile showing percentage of black population in each tract (located on the over-size material rolls). Plt. Ex. 116: Article from the Mobile Register, May 5, 1911, pg. 4 - "Commission Government." Plt. Ex. 117: Article from the Mobile Register, June 6, 1911, pg. 6 - "Why Concentrate all the Graft." Plt. Ex. 118: Essay, "At-Large Elections and Minority Group Representation: A Re-examination of Historical and Contemporary Evidence," by Davidson and Korbel. Plt. Ex. 119: Proposal of Mobile Charter Study Commission (MCSC) - "Modification of the Present Form of City Government," dated February 22, 1965. Plt. Ex. 120: Correspondence: Representative R. Edington to Dr. Howard Mahan of MCSC, 1964. Plt. Ex. 121: Transcript of Channel 10 interview with Senator M. Engel, April 5, 1967. Plt. Ex. 122: Deposition of U.W. Clemon, taken February 10, 1981. Plt. Ex. 123: Deposition of Dr. William A. Stewart, taken March 30, 1981. Box 6 This box contains Defendant's exhibits from the second (2nd) trial in the Bolden case in the United States District Court for the Southern District of Alabama. The material is contained in three large and one smaller expanding file folders. The smaller folder contains specifically exhibit no. 45. EXPANDING FILE #1: This file is labeled "Trial Exhibits (2nd Trial), Defendant's Exhibits 2-56A" Def. Ex. 2: Curriculum vitae of Glen Browder. Def. Ex. 3: Curriculum vitae of Wayne Flynt. Def. Ex. 4: MISSING FROM COLLECTION Def. Ex. 5: Curriculum vitae of William H. Stewart. Def. Ex. 6: Curriculum vitae of James Everett Voyles. Def. Ex. 7: MISSING FROM COLLECTION Def. Ex. 8: Bibliography of Dr. William Stewart. Def. Ex. 9: Bibliography of Glenn Browder. NOTE: All exhibits 10-29 described as General Orders or Special Orders from the U.S. Army concern military rule and government in the South, specifically in Alabama, during the Reconstruction Era. Def. Ex. 10: General Orders from the Headquarters of the U.S. Army, No. 10, March 11, 1867. Def. Ex. 11: General Orders from the Headquarters of the U.S. Army in the sub-district of Alabama, March 28, 1867. Def. Ex. 12: General Orders from the Headquarters of the Third Military District, April 1, 1867. Def. Ex. 13: General Orders from the Headquarters of the Third Military District, April 2, 1867. Def. Ex. 14: NOT OFFERED INTO EVIDENCE Def. Ex. 15: NOT OFFERED INTO EVIDENCE Def. Ex. 16: General Orders from the Headquarters of the U.S. Army, No. 25, May 29, 1867. Def. Ex. 17: General Orders from the Headquarters of the U.S. Army, No. 46, May 30, 1867. Def. Ex. 18: Special Orders from the Headquarters of the Third Military District, No. 34, May 31, 1967. Def. Ex. 19: General Orders from the Headquarters of the Third Military District, No. 28, June 3, 1867. Def. Ex. 20: Special Orders from the Headquarters of the U.S. Army, No. 56, June 29, 1867. Def. Ex. 21: Special Orders from the Headquarters of the U.S. Army, No. 73, June 19, 1867. Def. Ex. 22: General Orders from the Headquarters of the U.S. Army, No. 104, December 28, 1867. Def. Ex. 23: General Orders from the Headquarters of the U.S. Army, Jan. 14, 1868: General Hayden assumes command of the district of Ala. Def. Ex. 24: Excerpt from the Montgomery Advertiser - "Governor R.M. Patton Gives His Reasons Why AL Failed to Ratify the Constitution of 1868." Def. Ex. 25: Excerpt from the Selma Times Messenger, April 26, 1868, concerning General George Meade' s report on Alabama's failure to ratify the Constitution of 1868. Def. Ex. 26: Act of the 40th Congress of the U.S.: To admit Alabama to representation in Congress, June 28, 1868. Def. Ex. 27: General Orders from the Headquarters of the Third Military District, No. 91, June 28, 1868. Def. Ex. 28: Proclamation by President Andrew Johnson: Extension of full pardons to all Confederates except those indicted for treason and felony, July 4, 1868. Def. Ex. 29: General Orders, No. 100, Issued by Major General Meade. Def. Ex. 30: Call of the Governor-elect, William H. Smith, to assemble the Legislature of Alabama, July 13, 1868. Def. Ex. 31: List of officeholders (Mayor and Cabinet positions) and Supreme Court Justices of the 1868 Alabama State government. Def. Ex. 32: List of members attending and minutes of the July 13, 1868 session of the Alabama State House of Representatives. Def. Ex. 33: List of members attending and minutes of the July 13, 1868 session of the Alabama State Senate; Joint Resolution of that session. Def. Ex. 34: Proclamation by President Andrew Johnson: Ratification of the 14th Amendment to the U.S. Constitution by Alabama, July 20, 1868. Def. Ex. 35: General Orders from the Headquarters of the U.S. Army, No. 55, August 28, 1868: Alabama, having fully complied with the Reconstruction Acts of Congress, the second and third military districts having ceased to exist, Alabama will constitute (along with North Carolina, South Carolina, George, and Florida) the Department of the South and be commanded by Meade. Def. Ex. 36: Letter from Governor William Smith to General A.C. Ducat, December 11, 1868. Def. Ex. 37: Joint Resolution of the U.S. Congress: Proposing the 15th Amendment to the U.S. Constitution, received at the Department of State on February 27, 1869. Def. Ex. 38: Excerpt from the original Journal of the House of Representatives, 1869, re: consideration of the proposed 15th Amendment. Def. Ex. 39: List of members in the 1869-1870 House of Representatives of Alabama. Def. Ex. 40: Joint Resolution, November 24, 1869: The General Assembly of Alabama ratified on behalf of the State of Alabama the proposed 15th Amendment. Def. Ex. 41: Duplicate copy of Resolution described in Def. Ex. 40. Def. Ex. 42: Book: The Scalawag in Alabama Politics, 1865-1881, written by Sarah Woolfolk Wiggins (separated from the rest of collection and placed on the reference shelves). Def. Ex. 43: Book: First Freedom, written by Peter Kolchin (separated from rest of collection and placed on reference shelves). Def. Ex. 44: Deposition of Sarah Wiggins, Ph.D., taken on May 7, 1981. Def. Ex. 45: MISSING FROM COLLECTION Def. Ex. 46: Excerpt from unknown newspaper (most likely Mobile or Montgomery), "Figures Takes a Poke at Token Candidates in Mobile Politics," not dated (appears to have been printed between 1978 and 1982). Def. Ex. 47: Article from U.S. News and World Report, June 26, 1967, "An Inside Story of the Marshall Role in the School Desegregation Decision." Def. Ex. 48: Census 1910. Def. Ex. 49: Correspondence between Mobile City officials and the Office of Revenue Sharing and the U.S. Treasury Department, 1978. Def. Ex. 50: Letter from N.R. Clark of Mobile to the Honorable J.F. Stallings, Chairman of Democratic Campaign Committee, October 15, 1910. Def. Ex. 51: Article from the New York Times, date not indicated, "In Texas, Electoral Changes," by Chandler Davidson, Chairman of the Sociology Department at Rice University. Def. Ex. 52: Mobile Bar Association Referendum ballot on candidates for judicial offices. Def. Ex. 53: 1981 street map of Mobile outlining voting wards 1, 2, and 3. Def. Ex. 54: Dr. Voyles's charts: A. Percentage difference in low-mid income black and low-mid income white voting in city commission elections by place and year; B. Percentage difference in low-income black and low-income white voting in city commission elections by place and year (this over-size material is located on the large rolls). Def. Ex. 55: Over-size map of the city of Mobile - voting wards of 1908, wards 1-10 highlighted (this map is contained with similar material in Box #10). Def. Ex. 56A: Key to map in exhibit 56B. EXPANDING FILE #2 (smaller file): This file contains one exhibit only, No. 45. It is labeled "Defendant's Exhibit #45 (2nd Trial), Correspondence with Alabama Govenor William Smith during the year 1868" EXPANDING FILE #3: This file is labeled "Trial Exhibits (2nd Trial), Defendant's Exhibits 58-83; Acts of the Alabama Assembly, chronologically ordered, 1819-1931)" Def. Ex. 58: 1814 AL Act - To provide for the government of Mobile (AL Acts were not numbered at this early date). Def. Ex. 59: 1819 AL Act - To incorporate Mobile. Def. Ex. 60: 1825 AL Act - To amend an Act to alter and amend the charter of incorporation of Mobile. Def. Ex. 61: 1833 AL Act - No. 68: To require a re-division of Mobile into wards and to regulate the discharge of ballast. Def. Ex. 62: 1840 AL Act - No. 70: To amend the charter of Mobile. Def. Ex. 63: 1844 AL Act - No. 221: To consolidate, alter, and amend the acts of incorporation of Mobile. Def. Ex. 64: 1852 AL Act - No. 199: To provide for contesting the municipal elections of Mobile. Def. Ex. 65: 1868 AL Act - No. 165: To incorporate Mobile. Def. Ex. 66: 1868 AL Act - To re-organize the municipal government of Mobile. Def. Ex. 67: 1868 AL Act - No. 71: To re-organize the municipal government of Mobile. Def. Ex. 68: 1870 AL Act - No. 97: To re-organize the municipal government of Mobile and to provide for the election of officers thereof. Def. Ex. 69: 1871 AL Act - No. 148: To repeal Section 9 of above act, No. 97. Def. Ex. 70: 1874 AL Act - No. 365: To regulate the election of municipal officers in Mobile. Def. Ex. 71: 1879 AL Act - No. 307: To vacate and annul the charter and dissolve the corporation of Mobile. Def. Ex. 72: 1879 AL Act - No. 308: To incorporate the port of Mobile and to provide for the government thereof. Def. Ex. 73: 1886 AL Act - No. 152: To amend above act, No. 308. Def. Ex. 74: 1897 AL Act - No. 214: To establish the Lineville School District in Clay County. Def. Ex. 75: 1901 AL Act - No. 1039.5: To provide a charter for Mobile. Def. Ex. 76: 1915 AL Act - No. 508: To alter and rearrange the boundaries of Mobile. Def. Ex. 78: 1931 AL Act - No. 531: To alter and rearrange the boundaries of Mobile. Def. Ex. 79: 1932 AL Act - No. 240: To repeat Section 4 of above act, No. 531. Def. Ex. 80: 1935 AL Act - No. 348: To exclude from Mobile certain territories now included. Def. Ex. 81: 1945 AL Act - No. 181: To alter, rearrange, and fix the boundaries of Mobile. Def. Ex. 82: 1945 AL Act - No. 182: To provide that qualified electors residing within Mobile shall have the right to vote in any city election after this date. Def. Ex. 83: 1955 AL Act - No. 381: To alter, rearrange, and fix the boundaries of Mobile. EXPANDING FILE #4: This file is labeled "Trial Exhibits (2nd Trial), Defendant's Exhibits 84-109; AL Acts 1956-1975, chronologically ordered; Excerpts from Mobile Register, 1868, 1869, 1870, 1871" Def. Ex. 84: 1956 AL Act and House and Senate Journal excerpts, re: Act. No. 18, H.B. 29. Def. Ex. 85: 1961 AL Act and House and Senate Journal excerpts, re: No. 257, H.B. 156. Def. Ex. 86: 1961 AL Act and House and Senate Journal excerpts, re: No. 785, H.B. 1366. Def. Ex. 87: 1961 AL Act and House and Senate Journal excerpts, re: No. 866, H.B. 162. Def. Ex. 88: 1963 AL Act and House and Senate Journal excerpts, re: No. 502, S.B. 445. Def. Ex. 89: 1965 AL Act and House and Senate Journal excerpts, re: No. 838, S.B. 466. Def. Ex. 90: 1965 AL Act and House and Senate Journal excerpts, re: No. 718, H.B. 1232. Def. Ex. 91: 1971 AL Act - No. 303. Def. Ex. 92: 1971 AL Act - No. 877. Def. Ex. 93: 1971 AL Act - No. 428. Def. Ex. 94: 1975 AL Act and House and Senate Journal excerpts, re: No. 610, S.B. 476. Def. Ex. 95: 1911 AL Act, No. 281. Def. Ex. 96: 1936 AL Act and House and Senate Journal excerpts, re: No. 246, H.B. 530. Def. Ex. 97: 1939 AL Act and House and Senate Journal excerpts, re: No. 289, H.B. 283. Def. Ex. 98: 1945 AL Act and House and Senate Journal excerpts, re: No. 295, H.B. 45. Def. Ex. 99: 1963 AL Act and House and Senate Journal excerpts, re: No. 126, H.B. 158. Def. Ex. 100: 1965 AL Act and House and Senate Journal excerpts, re: No. 823, S.B. 123. Def. Ex. 101: 1975 AL Act and House and Senate Journal excerpts, re: No. 1150, H.B. 1243. Def. Ex. 102: Articles from the Social Science Quarterly, concerning at-large elections and minority representation, written by Macmanus and Davidson. Def. Ex. 103: Articles from the Mobile Press Register (numerous articles not clearly titled or dated). Def. Ex. 104: 1963 House and Senate Journal excerpts, re: S.B. 387, H.B. 1090. Def. Ex. 105: MISSING FROM COLLECTION Def. Ex. 106: MISSING FROM COLLECTION Def. Ex. 107: Articles from the Mobile Daily Register, 1868, 1869, 1870. Def. Ex. 108: Articles from the Mobile Daily Register, 1868-1871. Def. Ex. 109: Book: Populism to Progressivism in Alabama, by Sheldon Hackney (separated from rest of collection and placed on reference shelves). Box 7 This box contains material directly related to the proceedings and outcome of the second (2nd) trial of the Bolden case in the United States District Court for the Southern District of Alabama. Included are documents relating to the follow-up proceedings, the hearing regarding redistricting plans, and the attorneys' fees hearing. The material is housed in two large and two smaller expanding file folders. EXPANDING FILE #1: This file contains nine (9) individual
depositions which were taken prior to the second (2nd) hearing/trial of the Bolden
case. Below is a list of those who were deposed: EXPANDING FILE #2: This file contains six (6) individual file folders. Folder #1: FINAL DECREE - Judgement and Opinion of April 15, 1982. Folder #2: Second copy of above (on acid-free paper). Folder #3: Plaintiff's Proposed Findings of Fact and Conclusions of Law (submitted prior to second trial judgement). Folder #4: Two copies of the transcript of a hearing held on April 26, 1982. Defendant's Response to Plaintiff's Motion for Clarification, re: Interim Elections, filed November 3, 1982. Folder #5: Plaintiff's Memorandum of Law Supporting Petition for a Permanent Injunction, filed May 10, 1982. Folder #6: Copy of decision rendered in a vote dilution case involving Greenwood, MS, dated March 23, 1982 (enclosed with correspondence to Judge Pittman from counsel for the defense, Tidwell, prior to judgement in the second trial). EXPANDING FILE #3: This file contains three (3) individual file folders. Folder #1: Suggested redistricting plan filed by the United States, March 14, 1983. Folder #2: Defendant's Exhibit 1 - submitted at hearing of March 21, 1983. Proposed redistricting plan, Dr. Voyles' graphics. Folder #3: Defendant's proposed boundaries for the three (3) single-member districts, filed March 16, 1983. Defendant's Exhibit 2 - submitted at hearing of March 21, 1983: proposed boundaries, amended proposed map. EXPANDING FILE #4: This file contains Plaintiff's Exhibits 1-14, and Defendant's Exhibits 1 and 2 submitted during the Attorneys' Fees Hearing of September 23. Plaintiff's No. 1 is bound in two volumes. Individual file folders have been placed within this expanding file to hold Plt. Exs. No. 2-8, 9, 10, 11-14 and Def. Exs. 1-2, respectively. These exhibits should not be confused with other exhibits previously described in this inventory; they were used only during this hearing and pertain solely to the awarding of Attorneys' fees in this case. Plt. Ex. 1: Plaintiff's motion for an award of attorneys' fees and expenses, admitted into evidence during hearing on September 23, 1983. Plt. Ex. 2: Amendment to Plaintiff's motion for an award of attorneys' fees and expenses. Plt. Ex. 3: Defendant's Attorneys' fees and expenses. Plt. Ex. 4: Defendant's supplemental answers to Plaintiff's attorneys' fees interrogatories. Plt. Ex. 5: Affidavit of Cort Schlicting, re: Defendant's attorneys' fees. Plt. Ex. 6: Estimate of Defendant's attorneys' fees. Plt. Ex. 7: Table: Plaintiff's attorneys' time spent preparing for the Bolden case: July 1978 - June 1980; Defendant's attorneys' time spent preparing for the same case, July 1978 - June 1980. Plt. Ex. 8: "Citations List," admitted into evidence on September 23, 1983. Plt. Ex. 9: Docket Sheet, court reporter's index to trial of July 1976; log of witnesses and exhibits submitted, clerk's proceedings sheet showing witnesses called and exhibits submitted during May of 1981. Plt. Ex. 10: Collected newspaper articles illustrating the progression of the Bolden case and its impact on the city of Mobile. Plt. Ex. 11: Excerpt from The American Lawyer, dated December 1982, citing James Blacksher (attorney for the plaintiffs) as having given the best performance by a lawyer in the area of civil rights. Plt. Ex. 12: Resume of J. Vernon Patrick. Plt. Ex. 13: Excerpt from the "Minimum Fee Bill" (revised November 15, 1963), re: setting a reasonable charge for legal services. Plt. Ex. 14: Resume of Armand Georges Derfner. Def. Ex. 1: Plaintiff's answers and objections to Defendant's attorneys' fees interrogatories. Def. Ex. 2: Plaintiff's supplemental answers to Defendant's interrogatories concerning attorneys' fees. Box 8 This box contains part of Defendant's Exhibit 1 from the second (2nd) trial of the Bolden case, admitted into evidence May 25, 1981. This exhibit consisted of 530 individual newspaper articles and excerpts. These articles and excerpts have been laminated onto rectangular cardboard plates. These articles were taken from several Mobile publications, including The Republican, The Daily Register, The Tribune, The Daily News, and The Daily Item. Each article is numbered. The articles in box eight contain plates numbered 1-345. They are organized with the lowest numbered article on bottom, the highest on top. To find a list of the numbers of the articles, the dates of the newspapers from which they were taken, and the names of the papers, see Box Nine. Box 9 Box nine contains plates numbered 346-530. These are stacked with the lowest numbered articles on the bottom, the highest on top. There is also, in this box, a complete list of the numbers of the articles, the dates of the newspapers from which they were taken, and the names of the papers. Box 10 This box contains over-sized materials, primarily maps that were originally contained in boxes one and two from the first Bolden trial. Below is a list of the exhibits numbers contained in this box. Refer to the complete inventory in the earlier boxes for a description of the material. Def. Exs: 57E, 57F, 58C, 59C, 60E, 60F, 62D, 63C, 66C Plt. Exs: 57, 96, and one un-marked map* *Ex. 96 is not a map. It is a bound group of documents. The un-marked map is titled "Map to Plaintiff's [City] Plan 'A'." It is a negative image of an over-sized map marked "Plaintiff's Plan A" that has been rolled on a tube with other very large maps. This negative, as well as Plt. Ex. 96, originated in the large over-size materials which were transferred to rolls. OVER-SIZE MATERIAL: ROLLS/TUBES When the Bolden collection was originally received there was an open-ended box in which large case materials had been placed. These materials, primarily very large maps, had been rolled up, bound (if at all) with rubber bands, and put in box largely unorganized and unidentified. Some were badly creased. To preserve them, they were unrolled, smoothed with an iron, re-rolled back onto two large tubes, and bound with mylar. Although a significant number of the maps were not numbered or identified, it can be assumed that they were used as exhibits throughout the first, second, and follow-up trials. A listing follows. Refer to the complete inventory in the earlier boxes for a description of the material. FIRST TRIAL EXHIBITS: Def. Ex.: 54, 55, 56B, 57A, 58A Plt. Exs.: 54, 96, 114, 115 UNIDENTIFIED/UNMARKED EXHIBITS: Map - "Mobile City Limits and Voting Wards," 1901, wards 1-7 highlighted. Group of three (3) maps marked "Plaintiff's Plan 'A'" (it is assumed that these maps probably pertain to the follow-up hearing at which re-districting plans for the city were submitted). Negative of Map marked "Plaintiff's [City's] Plan 'A'" listed above. A Joint Exhibit #1" admitted into evidence July 16, 1982: a map of the city of Mobile showing areas of error in the Plaintiff's and in the U.S. Department of Justices' plans for redistricting Mobile. Map - Mobile County in 1975, illustration of Mobile County Board of School Commissioners districts I, II, III, IV, and V. Maps (25 sheets total) - city of Mobile - First sheet: "Special Education, Black/White;" Second sheet: "Grade 1;" Third sheet: "Grade 2;" and so on . . . through "Grade 12." (This group is maps is labeled with the Bolden case number but each sheet is stamped as being filed in the U.S. District Court on June 3, 1969, some years before the Bolden case began). |