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United States V. the State of Alabama (Montgomery County

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United States V. the State of Alabama (Montgomery County IN THE UNITED STAS DISTRICT COURT FR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION UNITED STATES OF AMERICA, PLAINTIFF, versus CIVIL ACTION N. 2255-N THE STATE OF ALABAMA and PERRY 0. HOO?ER, Judge of Probate of Montgomery County, labama, DEFENDANTS. SUMMARY OF THE PLAINTIFFS CASE BEN HARDEMAN, JOHN DOAR United States Attorney. Assistant Attorney General STEPHEN J. POLLAK, JOHN M. ROSENBERG, Attorneys, Department of Justice !I ITI10DUT101T. Pursuant to the pre-trial order issued by Jude Johnson on December 13, 1.55, lie submit here a summary of the case which the United States intends to present. This summary is in tio sections. The first, which follows, is a list of citations and references to statutes, judicial decisions, official reports and docuients, statements by public officials, newspapers, and other references on which we intend to i ely. / In the case of certain ,natea -al relating to the adoption of the «1aba: a Constitution of L9 )l, and specsDeciai ..- tables prepared by the 3ureau of the Census, which we realize are not readily accessible to the defen- dants, we are providinç counsel for the defendants with copies of the docu_ ents themselves. 2.lso pursuant to the pre-trial order, we subrlit here- with the sucnia4 s ies of the depositions taken by the United States in this action. The sun.ia ies are bound in three volu^aes with a table of contents at the beginning of the first volu<<ze. e have atte.:ipted to sunraarize fairly the entire deposition, giving page references to the testimony. For the convenience of the reader and -or reference in future briefing, Te have divided the sumcaar ies into sections and titled each section. :e have felt it unneces^axy to repe^t citations in our 3i i of in Opposition to the Defendants :oti on to Dismiss and our Supple:-_ientary rief on the issue of Law. The legal positions presented by these briefs and the citations given in them should be considered in conjunction with the .nater- ials presented here. */ ': ie may wish to present additional evidence in rebuttal to the proof offered. by defendants. LIST 09 CITATIONS I. THE POLL TAX AS A PREREQUISITE TO VOTING IN ALABAMA VIOLATES THE FIFTEENTH AMENDMENT A. The purpose of making the poll tax a orere .; l ; , ^ . to voting was to disenfranchise Negroes. 1. Voting by Negroes prior to the Constitutional Convention of 1901. 1/ a. Documents (1) Senate Executive Document No. 53, 40th Congress, 2d Session. (2) The Huntsville Republican for October 18, 1902, (3) Histo,^ of Alabama, by A, Bo Moore rf-1934). (4) Alabama Constitution of 1875 Art. VIII, IX, X, XII. (5) Alabama Constitution of 1867 Art. VII, IX, XI. (6) An Act to legalize the Assessment of Taxes in the State of Alabama made in the year 1868, Approved August 18, 186{. (7) An Act to Establish Revenue Laws for the State of Alabama, No. 1, approved December 31, 186E. b. Statistics (1) Abstract from Eleventh U.S. Census Report, 1890, Tables 1, 7, 8, 20. (2) U.S. Census Report for 1900. Part I, Vol. I of chapter "Citizenship and Years in the United States," Tables XI, LIII, LI, No, 68. 2/ 2. Action by the Constitutional Convention of 1901.^ 1/ Copies of all materials in Subsection A. 1,, (except for the Historyof Alabam a by A, B. Moore) have been furnished to the defendants. 2/ Copies of all materials in Subsection .A. 2. (a) - (d) have been furnished to the defendants. - 1 - a. Official Proceedings of the Constitu- tlonal ConventiQn State o£ -^^labam : 1901, pages 7-10 13 1, 1662-: ; 2 88-9 ; 2391; 2811; 2813; 2837; 2843-4; 3018; 3333; 3363; 3367-8; 3374; 3376; 3380-1. b , NewspaDer Raports : Birmin harp , A e Herald May 8, 11, 15, 17, 1901 Mobile , Daily Re ister May 9, 1909 April 21, 1901 May 16, 28, 1901 July 2, 9, 1901 Montgomery Advertiser May 14, 16, 17, 21, 22, 23, 1901 June 9, 1901 July 11, 16, 24, 25, 26, 27, 28, 30, 31, 1901 Huntsville, The Republican October 18, 1902 c. Constitution of 1901 and Legislation Enacted Thereunder Alabama Constitution of 1931 Art, VIII Art. XIV Proclamation of Ratification (Vol. 1, p. 339, Ala. Code, 1960 Ed.) Alabama Code (As Recompiled in 1958) Title 14, Section 71 Title 17, Sections 38, 136, 137, 138 Title 51, Chapter 13 d. Statistics (1) Alabama Official and Statistical Register for years 1907 and 1911. (2) Alabama Official Directory for 1903, 1905. - 2 - e. Texts: (1) Constitutional Develc^ tent_ in Alab ma 1 96-L901, i1p A. T1c iillan; University of North Carolina Press: '.1955 ' 'Z (2) History_ of Alabama, A. B. 11oo' University Supply Store, University of Alabama: 1934, B. The State of Alabama denies and for many years has denied Negroes educational and employment opportunities equal to those afforded white per- Sons with the result that the median inc6me of Negroes is substantially lower than. that of white persons. 1. Materials on Education a. statistics: The following chart sets forth the page numbers of Annual Reports issued by the Alabama State Board of Education, for the years indi- cated, containing data in the categories shown, on which the plaintiff will rely: Category 1930 1940 1950 1960 1954 Pupil Enrollment 162 71,75 77,51 12 12 Value of School.. :.. 34 42 Property Number of Teachers 166 135 22 14 81,85 Current Expenses Per 165 29 35 23 23 Pupil Enrolled Average Length of 161 103, 22 13 13 School Term 107 Average nnual 157 28 34 13 23 Teacher Salary Data not supplied by race. - 3 - b. Letter: Letter of transmittal to the state Board of Education from the State Superintendent of ducation in the annual Report for the year 1938, C. Elective Course Offering and Books per Pupil: Data on high school elective course offerings and the number of books per pupil in the forty- three school districts listed below. This data is contained in the 196Lkl965 Applications •for Secondary School Accreditation: for the school districts issued by the State of Alabama. Department of Education: County Districts Autauga Escambia :.iadison Baldwin Etowah ,Iarengo Barbour Eufaula i4arshall Bullock Franklin Mobile Butler Geneva Monroe Calhoun Greene Pickens Cha°.ibers Hale Pike Chilton Henry 3t, Clair Clay Houston Shelby Conecuh Lee Troy Dale Lowndes Tuscaloosa Hacon L. City Districts Attalla Gadsden Opelika Auburn Huntsville Russellville Dothan Lanett Tuscaloosa d, School Surveys : iiaterials relating to holding power, physical facilities, and educational. opportuni- ties from the following surveys of individual school districts conducted by the Alabama State Department of Education: Report of the survey of Autauga County Schools, 1928-1929 Report- of Survey of Chilton County Schools, 1928-1929 Report Partial Survey of Chocta,J County Schools, 1945-1947 Report of Partial Survey of T ilcox County Schools, 1946-1947 Report of a Partial Survey of the Lauderdale County Schools, 1945-1947 Report of Partial Survey of the Limestone County Schools, 1943-1947 report of a Partial Survey of Cleburne County Schools, 1946-1947 teport of a Partial Survey of the DeKalb County Schools, 1946-1947 Report of Partial Survey of Conecuh County Schools, 1945-1947 Report of a Partial Survey of the Jackson County Schools, 1945-1947 Report of a Partial survey of the Coosa County Schools, 1945-1947 Report of a Partial purvey of the Crenshaw County Schools, 1945_1947 - S - Report of a Partial Survey of the Bibb County Schools, 1945-1947 report of a Partial Survey of the Butler County Schools, 1946 -1? 947 Report of a Partial Survey of the Franklin County Schools, 19k5-•1947 Report of Survey of the Butler County Negro schools 1949-1950 epert of a Partial Survey of *she Geneva County Schools, 1946-•1947 Report of a Partial Survey of the Blount County Schools, 1945-1946 Report of a Partial Survey of the Colbert County schools, 1946-1947 Report of a Partial Survey of the w-vashington County Schools, 1546••1947 Report of a Partial Survey of the Chambers County Schools, 1946-•1947 Report of a Partial Survey of the Henry County Schools, 1946-19tl.7 Report of a Partial Survey of the Talladega County Schools, 1946-•1947 report of the Survey of Talladega County Schools, 1937-1938 Report of a Partial Survey of the Clarke County Schools, 1:46-1947 report of the Survey of Clarke County ,schools, 1937-1938 report of a Partial Survey of the Amore County Schools, 1946-1947 Report of the Survey of Elm ^ore County Schools, 1937-1938 '_report of a Partial Survey of the Houston County Schools, 1945 -1947 Report of the Survey of Rural 3cnools of Houston County, 1938•-1939 Report of a Partial Survey of the St, Clair County Schools,, 1946,1947 - 6 - Report of the Survey of St, Clair County Schools, 1935-1939 Report of a PartLal. Survey of the Chilton County Schools, 1945-1947 Report of the Survey of Chilton County Schools, 1939-1940 Report of Survey of 11ontgoinery County School System, 1939-1940 Report of a Partial Survey vey of the Clay County Schools, 1946-1947 Report of Survey of Clay County School System, 1940-1941 x.eport of Survey of Randolph County School System, Including the City of Roanoke, 1940-1941 Report of the Survey of the onroe County School System, 1940-1941 Report of the Survey of the <: onroe County Negro Schools, 1950-1951 Report of the Survey of the Coffee County and the hterL rise City School Systems, 1940-1941 Report of the ,ar. vey of the Hale County :School System, 1944-• 1945 Report of the Survey of the Shelby County School System, 1.944-1945 Report of the Survey of the Walker County School System, 1944-1945 Report of the Survey of t:he Tuscaloosa County School System, 1944--1945 Report of the Survey of the Pickens County Board of Education, 1944-1945 Report of the Survey of the Dorgan County School System, 1944-1945 Report of the Survey of the Macon` County School System, 1944-1945 Report of the Survey of the Selma City School System, 1945-1946 Report of the Survey of the iarshali County School System, 1944-1945 - 7 - Report of the Survey of the Huntsvillea-Illad.ison County School Systems, 1917-1945.
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