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 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). |