# Appendix — White v. Regester > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_1627%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1975 - **Citation:** 422 U.S. 935 ## Text INDEX VOLUME I Page Ren EUG 6 4s 4k 8 ke i Trial Testimony (December 3-5,1973) 1 ec uey MN sg 5 6 tt ee 31 ON Sg. Se 35 a 50 Te: « 5 ¢ & 2 & © @ « 61 Meee GOeeeMB =. ts tw ew th ts 154 Bobby Webber ......... 161 ee ee 173 gS a 180 CE ee ee ee 237 i wE lh tt ee an a eee eer ee a [18] We would like to offer Plaintiff Escalante's Exhibit 2(a), which deals with Tarrant County cen- sus information prepared by the Department of Commerce, 2(b), which is also census information affecting Fort Worth metropolitan area. 3(a) through (i) which are voter applications of the present members of the Legislature. No. 4, which is ballots of the Democratic primary from 1960 through 1972 with the exception of '64 and ‘68 where there are taily sheets. No. 5, which is a list of the Republican can- didates from 1960 to 1972. In each instance when I make reference to this---. JUDGE JUSTICE: Well now, have you gotall your exhibits listed tiere? MR. GLADDEN: Yes, Your Honor. JUDGE JUSTICE: Why don't you just move their admission, instead of going through each one indi- vidually? MR. GLADDEN: All right. We move the admission of Plaintiff Escalante's deposition exhibits 2(a) through 18(e), Your Honor. JUDGE JUSTICE: All right. Is there objection? MR. YORK: May I have just a moment, Your 18 er ecco os F ‘Sa teaese [19] Honor? I haven't seen this particular list. JUDGE JUSTICE: Yes sir. (REPORTER'S NOTE: Counsel for Defendants examine exhibit list.) MR. YORK: Your Honor, we have no objection to the list of exhibits offered by Counsel, ex- cept for Exhibits 16 and 17, which purport to be selected newspaper clippings from the Fort Worth Star Telegram and Fort Worth Press. We would object to those on the basis that they are hearsay 2nd we contend irrelevant to any issues before this Court. JUDGE JUSTICE: Well, when the exhibits are offered or when reference is made to these parti- cular exhibits, please renew your objection at that time so that we can see how it is in the con- text of the case. MR. YORK: All right, sir. JUDGE JUSTICE: All other exhibits are re- ceived in evidence. 19 (20] (PLAINTIFF ESCALANTE'S EXHIBITS NOS. 2(a) through 18(e) were previously marked for identification) MR. GLADDEN: In addition to those exhibits Your Honor, we would like to offer as new exhibits---. JUDGE JUSTICE: What do you mean new exhibits? MR. GLADDEN: These were exhibits that were offered at the time of the depositions, Your Honor, and I thought it would be easier for the State to make their objections, since they say those at the depositions, so I am offering them in three packages, actually. JUDGE JUSTICE: All right, go ahead. MR. GLADDEN: We would like to offer Plain- tiff Escalante's Exhibit 0, Plaintiff Escalante's Exhibit 1(a) through (e), which is a map that we previously furnished, Escalante's Exhibit No. 22, some additional slate cards, and Plaintiff's Exhibit No. 21, which are additional newspaper clippings, and 19 and 20, which are leaflets that were generaliy circulated. We would like to ten- der those in evidence. JUDGE JUSTICE: Is there objection? MR. YORK: Your Honor, I understand that 20 oo TORS A TED IG. ME age) COR TN BB RI bre TES ely [21] there is a group of newspaper clippings in this. We will have the same hearsay and relevance ob- jections that we have earlier expressed, which we can urge later. JUDGE WOOD: Is that to 21? MR. YORK: I believe that's correct. MR. GLADDEN: Yes. JUDGE JUSTICE: Well, as I understand the law, the Court in a non-jury case ordinarily will just overrule all objections, and you'll just have to leave it to us to not consider it if we decide it is not admissible, so your objections as to all this about the newspaper articles will be over- ruled. If we find them to be irrelevant, they will not be considered. MR. YORK: I hope the Court won't be offended if to preserve the record we make our objection. JUDGE JUSTICE: Certainly, your objection will be noted. MR. GLADDEN: Please the Court, we're not of- fering them for the facts of the articles them- selves, but to show the racial attitude of the community, rather than the facts themselves. MR. YORK: I would make one objection, Your Honor, to the use of the map which, I believe, is 21 [22] at least insofar as it purports to set out the plan Mr. Gladden's group proposes to the Court. As we understand it, this part of the procedure is not for the consideration of the plans, but rather considering whether or not the present multi-member situation is unconstitutional. If the plan if offered for the limited purpose to Show the Court that it might be feasible to draw up another sort of plan, we would have no objec- tion to it, but as far as the merits of the plan itself, we would object to it. MR. GLADDEN: May it please the Court, I would like to respond to that. This portion of the map that we're offering at this time does not relate to the plan. We do anticipate seeking to furnish the Court with the plan for two purposes, but we have reserved three exhibits that would go to the question cf the plan and will offer them at that time, rather than at this time, at which time we would like to explain to the Court why we feel like the plan is essential at this part of the lawsuit or at the stage we do tender and offer the plan. JUDGE JUSTICE: The various exhibits men- tioned by Counsel ate received in evidence. 22 [23] Do you have another list of exhibits? MR. GLADDEN: Just a moment, Your Honor. I'll see. (PAUSE ) JUDGE JUSTICE: Let's move forward, Counsel. MR. GLADDEN: At this time, Your Honor, we would like to offer in evidence a stipulation by and between the law orifices of Don Gladden and the Attorney General's Ovfice, representing Defendants, relative to Plaintiff's Exhibit 1 and zero, establishing the lines that presently exist of District 32. At this time we would like to call---. JUDGE JUSTICE: One moment. Mr. Bonner, do you have any exhibits to offer? MR. BONNER: No, Your Honor, we have no exhi- bits to offer. MR. GLADDEN: We do have an addition to that, Your Honor, additional exhibits, No. 1(a) prime through 3 and 9 prime, which are summary exhibits which will be used by the expert witnesses when they testify relative to the statistical data. JUDGE WOOD: What is the exhibit number? MR. GLADDEN: Exhibit No. 1(a) prime. Nor 23 [24] the reason we numbered them this way is because they relate to the other evidence that's gone in. This is a compilation of the census information. JUDGE WOOD: Compilation and summary? MR. GLADDEN: Yes. They are prime exhibits as they relate to that. We have attached for the benefit of the Court three copies of the prime ex- hibits, because it will be dealing with figures, rather than other evidence. JUDGE JUSTICE: Is there objection te the prime exhibits? MR. YORK: We have no objection to the prime exhibits, Your Honor. THE COURT: They will be received in evi- dence. MR. BONNER: Please the Court---. JUDGE JUSTICE: Yes, sir. MR. BONNER: In response to your question I said we had no exhibits to offer. We do have an exhibit to offer in connection with our plan, but in terms of offering an exhibit to the facts of the lawsuit I'm sure Mr. Gladden has done a sufficiently thorough job that it behooves us to avoid duplica- tion, so we would defer preparing exhibits for trial. 24 [25] JUDGE JUSTICE: Thank you. MR. COLLINS: May it please the Court, I am Marvin Collins, attorney for Plaintiff Escalante associated with Mr. Gladden, and at this time to expedite the trial, we would like to present to the Court a motion to take judicial notice of the testimony given at the former trial of the case of Graves versus Barnes, and our purpose in doing so, we realize it has already been consolidated. Our purpose in doing so is simply to protect the pos- sible appellate record in the case in order that if there is any technical objection to whether that evidence in that case is still alive, that if this Court receives an omnibus offer of the evi- dence presented in that case, *hen the record, I think, will be protected in the new cases. I have furnished the State with a copy of this motion. JUDGE WOOD: In other words, Mr. Collins, what you want to do is have us to be in a position to consider all the evidence and testimony adduced at the first trial? MR. COLLINS: Yes, sir, Your Honor. JUDGE WOOD: Where it is applicable to this case? MR. COLLINS: That's correct, Your Honor. 25 [26] and in addition to that, not just by way of the fact that it is consolidated with that case, but actually we are tendering and offering, if we can, ’ that evidence at this time, or in the alternative we're asking that this Court take judicial notice of it since it is the same three-judge court, and the parties basically are lined up the same way. The same Plaintiffs are not here to some extent, but all of the relevant considerations for admis- sion or testimony given in the former trial, I think, are present, except for the fact that the witnesses then and the evidence then are available® now. However, this Court did enter an order with respect to the depositions in that regard so that that is not an objection to our deposition testi- mony. I feel like it is appropriate here, too. JUDGE WOOD: Isn't that such a shotgun ap- proach to this thing, and isn't it going to make this recond so monumentally large that it is going to be difficult to send it up the Supreme Court if you make every part of the original transcript a part of this record? Isn't that too much? Shouldn't it be limited to only that which is applicable to this case? MR. COLLINS: Perhaps for purposes of 26 [27] convenience, there is a justification, Your Honor, for admitting it, and that is, I feel like it will permit the Court to consider all of that evidence and will permit an appellate court to consider all of that evidence in support of whatever this Court decides, and I feel like since the record was made, it is something which would expedite the Clerk's transcript on appeal. MR. KORBEL: May I speak, Your Honor, for Dave Richards---? JUDGE GOLDBERG: We can't hear you. JUDGE JUSTICE: Let me say something. Everyone on this side of the room raise your voice to about twice your normal volume. MR. KORBEL: If I might speak for David Richards, one of his exhibits -- one of our ex- hibits is going to be an appendix, which was of- fered the Supreme Court in this case, which in- cludes the testimony and substantial parts of the depositions, and I believe that this is the appen- dix that will facilitate the Court's use of this previous record. JUDGE GOLDBERG: Is that all of the testi- mony in the---? 27 Ae [28] MR. KORBEL: Yes, sir, it's the entire testimony. JUDGE GOLDBERG: In the original case? MR.KORBEL: And substantially all the deposi- tions. JUDGE GOLDBERG: What do you want? MR. KORBEL: Your Honor, I was not aware of that, and if I may file my motion, I think that will take care of it. JUDGE GOLDBERG: Thank you. JUDGE JUSTICE: All right, let's proceed with some evidence here. MR. GLADDEN: We would like to call Mr. R. C. Johnson. JUDGE JUSTICE: Come forward, Mr. Johnson. MR. YORK: We would like to raise a matter partly just for the guidance of the Court and partly by way of objection. Mr. Johnson's deposi- tion was taken in Fort Worth along with the deposi- tions of two or three others who, I understand, Mr. Gladden intends to call. These depositions were taken fully by our side, and it seemed to us a full direct examination by Mr. Gladden. Ordinarily, one would not object to a witness testifying from the witness stand whose deposition has been taken, 28 a [29] but in view of the limited time we all have in this case and in view of the fact that we may well have similar problems with our own witnesses, we would like, I think, to make an objection to the duplication which I understand will come, because I know they intend to offer the depositions. We intend to object to it as repetitious and then to ask the Court's guidance about what all of us should be doing in that regard. (REPORTER'S NOTE: The Court confer out of the presence and hearing of the court reporter. ) JUDGE GOLDBERG: Let me see if I can make a suggestion here. First of all, you know we are un- der a deadline. We're going to try in this case, as we did last time, to come out with whatever we come out with way in advance of the filing for the position. That's the first thing-I want to say. And we've got to have cooperation. Up to now we've gotten it a hundred percent, Judge Justice assures me, and from what I have seen that is certainly true. It seems to me that al! of the depositions ought to be offered, and you use your live witnesses 29 ee PDEA KET APL and SM As ee iW [30] just as supplementary material or to attack it, but let's don't have a repetition of everything that is in the depositions, and I think that is your position, is it not, Mr. York? MR. YORK: Yes, sir, that's correct. JUDGE GOLDBERG: Is there any objection to that? MR. GLADDEN: No. Your Honor. What we anti- cipate doing in this connection -- we certainly will offer the depositions. We do want to identify the witness at least sufficiently so the Court is acquainted withwho it is, and that, of course, will be repetition, because he was identified in the deposition, but insofar as the material evi- dence as to the course of this lawsuit, mose likely anything offered will be new evidence. JUDGE GOLDBERG: We could survive a minimum of repetition, but a minimum is a minimum. MR. GLADDEN: I appreciate that, Your Honor. JUDGE GOLDBERG: Proceed. JUDGE JUSTICE: All right, raise your hand and be sworn. 30 ~ " : BGS OS® TR pe [31] R. C. JOHNSON a witness called by the Tarrant County Plaintiffs, having been first duly cautioned and sworn to tes- tify the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION BY MR. GLADDEN: Q. State your name for the Court, please. A. R. C. JOHNSON. Q. Mr. Johnson, I'll ask you if you are the same person who has testified in this case earlier by deposition. A. Yes, I am. Q. And you reside in Tarrant County. Is that correct? A. Yes, I do. Q. And Fort Worth? A. Yes. Q. And you have previously in your deposition identified yourself as President of the Tarrant County 31 ROR VRE [32] Precinct Workers Council. Is that correct? A. Yes. Q. And that is a black organization of pri- marily precinct charimen who are black and who hold office in the Democratic primary? A. Yes. Q. At the time of vour deposition you were asked by the State -- first of all, at the time of your deposition you identified certain slate cads as being cards which were distributed and circu- lated by your organization primarily in the black comminity so as to acquaint the community as to who your organization was supporting. Is that correct? A. Yes. Q. At that time the State asked you if you could locate and find additional slate cards that showed your endorsement and support of legislative candidates. Is that correct? Rs 3Oe, Q. Have you located some of those? A. Yes. Q. Had you located them at the time you signed your deposition? A. No, I had not. MR. GLADDEN: May I approach the witness? 32 , il (33] JUDGE JUSTICE: Yes Q. Mr. Johnson, I have handed you Plaintiff Escalante's Exhibit 22, and I would like to ask you if those are the additional slate cards that you have located. A. Yes, they are. Q. And those do reflect your organization's endorsement for several years. Is that correct? A. Yes. Q. On several elections? A. Yes. Q. Would you tell the Court the manner that those items were circulated? A. Well, these are slate cards which were given out from door to door by the precinct workers within each precinct. Q. And these slate cards are similar to or were used in the same manner as those slate cards you identified in your deposition. Is that correct? A. Yes. Q. In that connection one of yourexhibits there shows on the back of it a list of persons who com- posed the precinct chairmen that were endorsing those candidates, does it not? A. Yes. Q. And I'll ask you whether or not each of those 33 Lee AGED MOE ab AIP EAE De we AS [34] persons are black and are members of the precinct workers council. a. Os Q. None of the earlier slate cards or door knockers that were distributed identified names in terms of more than one person distributing. Is that correct? A. Yes. MR. GLADDEN: I believe that's all, Your Honor. Pass the witness. JUDGE JUSTICE: Is there cross-examination? MR. YORK: Your Honcr, we have no objection to those exhibits, and I believe we fully covered the cross-examination on deposition and we do not have further cross-examination at this time. JUDGE GOLDBERG: Thank you very much. MR. GLADDEN: Please the Court, at this time we do offer all of Mr. R. C. Johnson's deposition. JUDGE JUSTICE: It will be received in evi- dence. MR. GLADDEN: I would like to call Mr. J. W. Sifford. (WITNESS STANDS ASIDE. ) 34 [35] MR. YORK: Your Honor, I believe that most of the depositions thatwere taken were taken with the agreement of Counsel that ali objections would be made at that time. There are objections within the depositions, which we won't attempt to urge now, but they are as a matter of record in the depositions. JUDGE GOLDBERG: Then we will consider them as we read the deposition. J. W. SIFFORD a witness called by the Tarrant County Plaintiffs, having been first duly cautioned and sworn to testi- fy the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION BY MR. GLADDEN: Q. State your name to the Court please. A. My full name is Joyce Wendell Sifford. Q. You are the same person who has previously testified in this case by deposition, are you not, 35 [36] Mr. Sifford? A. That is correct. Q. In that connection you identified yourself in the deposition as being for many years active in Labor Union politics or in politics relative to Labor Unions in Fort Worth. Is that correct? A. That's correct. Q. And on most of the last few years you have been president of the Central Labor Council, which is a labor organization or a structure in which most of the labor organizations in Tarrant County participate. Is that correct? A. That's correct. Q. And is one of the functions of that organi- zation politics, and particularly legislative poli- tics? A. Right. Q. Now, in that connection I'l] ask you, Mr. Sifford, if you have had occasion to know as to the expense and the cost of campaigning or running an election for the Legislature in Tarrant County or more recently in District 32? A. Yes, I have. Q. I'l] ask you whether or not you have had occasion to know whether or not there are moneys spent in connection with political campaigns in Tarrant County and 26 (37] in District 32 that do not find its way onto the expense report of candidates in the Legislature. A. Yes, I would say that there is considerable. Q. Can you give the Court some instances to your knowledge as to this type of expense that have gone into campaigns that were not---? A. One example would be like our own organiza- tion, Tarrant County Labor Council. We put out slate cards. We put out brochures. We put out mailings to our members, which has run as high as 35,000 pieces of mailing. This wouldn't be for an individual candidate but for a slate of candidates. To my knowledge there are many organizations in the county who, similar to Mr. Johnson's organization and our organization, and many so-called special interest groups, do do considerable for candidates which the candidates have no knowledge or very little knowledge, and so there is no way the candi- date could report expenditures of this nature, and so this certainly would not be shown in the re- ported expenditure of candidates. Q. In that connection, Mr. Sifford, do you have an awareness as to whether or not the slated candi- dates, those that have been slated by special in- terests with other prospective candidates, would have a greater expense or would show less reported but a greater expenditure of money on their behalf? [38] A. I would think that this would be true. Q. If an independent candidate who was spend- ing money himself, as opposed to the slating pro- cess, his would be more calculated to reflect more accurately his expenditures. Is that correct? A. I believe so. Q. Also I'll ask you, Mr. Sifford, if you have an opinion as to whether or not there is a cumulative effect of campaigning, that is, an in- cumbent or person who has run for public office prior to the particular campaign. Do you have an opinion? A. Yes. Of course, I don't want to get into a long lecture. I think the Court is somewhat fami- liar and most of the people here with politics, but briefly the job of getting elected to the House of Representatives is mostly a question of name expo- sure, and to win an election a candidate must have their name before the public, and this is where the greatest expenditure comes in. A candidate who has never ran before has no public exposure before, as opposed to, for instance, Mr. Sherman, one of the Tarrant County delegation, who was a television personality for many years before he became a member of the Legislature, and since this time has served several terms. A person of that nature would have considerably less expenditure, because he has, as you said, cumulative effect over the years of not only political 38 [39] exposure, but before that professional exposure through the medium of television, and so, certainly, as the years go by and you get greater public expo- sure, certainly your expenditures for this sort of thing, which is the main expenditures that a candi- date has, on a State Representative would tend to lessen. Q. As between an unknown and an incumbent who has had exposure, the relative cost of the campaign would vary significantly, would it not? In District 32, Tarrant County. A. Very muchly so. MR. GLADDEN: May I approach the witness? JUDGE JUSTICE: Yes. Q. I hand you what had been identified as Plaintiff Escalante's Exhibit No. 20. That is a copy of a leaflet. Do you recognize that? A. Yes, I do. Q. I'l] ask you to state whether or not that is a copy of a leaflet that was used in 1970 State Senate campaign in Tarrant County. A. Yes, District 10. Q. District 10 is composed of the northern portion of Tarrant County---? A. Right. Q. ---and a significant part of District 32 39 [40] Legislative District? A. At that time it was a primary part of Tarrant County. Q. And it also encompasses a substantial pa in fact, the biggest part of District 32 present’ does it not? A. That is correct. Q. I'll ask you whether or not to your know ledge that item was circulated on behalf of the ™ cumbent State Senator? - A. Yes, it was. I know personally, because helped to stuff several hundred of these in an ¢« velope that were sent out, and I received one of . them at my house. The area where I live, which Hurst, a middle-class suburb of the county, and similar precincts were where these were sent. Q. In that connection I'1] ask you whether you are familiar with the results -- this was se out in the second primary. Is that correct? A. Yes. Q. And the first primary are you aware of | the State Senator ran in the basically white pre cincts? A. Yes, sir, Senator Don Kennard who was t! incumbent, trailed by 4,000 votes to Joe Shanno: Jr., who was his major opponent. He led the fi primary. In fact, 40 [41] Senator Kennard barely did get into the runoff, but in the runoff Senator Kennard was re-elected, and, as I recall from reading the newspaper, the returns in the newspapers, most of these all-white precincts where this piece of literature was sent was reversed from whereas Mr. Shannon had carried them in the first primary, Senator Kennard carried them in the second primary, Q. This was after the mailer went into the white precincts. Is that correct? A. Yes. Q. And that is Plaintiff's Exhibit 20 that you have reference to? A. That's right. MR. GLADDEN: Aj} right, we pass the witness. JUDGE JUSTICE: | would like to see Plaintiff's Exhibit 20, (REPORTER'S NOTz: Court examine exhibit.) JUDGE JUSTICE: Is there objection to Plain- tiff's Exhibit 20? MR. YORK: We have no objection to it, Your Honor. 4) —_ : — —_ | [42] JUDGE JUSTICE: It is received in evidence. MR. GLADDEN: At this time, please the Court, we would like to offer Joyce Wendell Sifford's deposition into evidence. JUDGE JUSTICE: It will be received in evi- dence. MR. GLADDEN: We'll call Mr. John Dillard. JUDGE JUSTICE: Watt just one momemt. Is there cross-examination of this witness? MR. GLADDEN: Oh, I'm sorry, Your Honor. MR. YORK: We're in favor of having an ab- breviated procedure, Your Honor, but---. MR. GLADDEN: I thought he had made all of his objections during the deposition. CROSS-EXAMINATION BY MR. YORK: Q. Mr. Sifford, with regard to the exhibit which was offered, which apparently took issue with Mr. Shannon's vote on the anti-busing resolu- tion in the Legisiature of this state, is ita fact that you helped send that particular flier out to precincts and people within Tarrany County? 42 [43] A. Yes. Q. I take it that was not just an individual effort on your part, but one done as a part of your organizational responsibilities in the Union activi- ties? A. It was a part of the campaign, not of the Union but of the campaign of Senator Kennard. Q. Well, were your efforts in that regard made just J. W. Sifford personally kind of working at home at night, or was it done as part of your offi- cial activities? A. It was done as part’ of the official activi- ties. It was a case where we all] got together in a place and, as happens many times in getting out political mailings, a number of people came to this place, and we all worked and stuffed the mailers. Q. If we're to believe the papers and what we see on television, at least, this kind of thing has gone on, at least inthe highest levels of national politics? A. Well, I don't know what you're referring to as this sort of thing. This was a vote that Repre- sentative Shannon made, and that was on the record, sO it was put out to the people. Representative Shannon did not deny that he made this vote. He did make the vote. Q. I presume that this picture of two little children praying was not in the record of the Legis- lature? A. Well, I wasn't present when the bill was ms 4% ~ Spree 5 tRNA ARNE, ARINC RO RE ERIS Ch NRE 8 RA IS a Ran BIN ar RSNA +t [44] passed at the Legislature, but I would assume that that is a correct statement. Q. As far as I understand it, this Exhibit is offered to in some way show the attitudes of people in Tarrant County toward minorities? A. Do you want me to answer as to what the intent is? Q. Well, sure, if you have a different idea about it. What is your idea about why it is being offered? A. I assume it has been offered to show that there is prejudice in Tarrant County and that it tends to be effectively transmitted politically, this prejudice. Q. Would you think that you could find a county in Texas or a county or parish in these United States where the issues of busing of child- ren is not an issue which would be calculated to appea! to the prejudice of one sort or another in people? A. I doubt it. Q. And in your own personal efforts in dis- tributing this particular exhibit, I'm sure you didn't think of yourself as a racist? A. No. Q. Just a brief reference to the word "Sslating' which has been used. Am I correct in understanding that the slating that you're talking about, if I understand it 44 | ——7 Gi a Te / [45] correctly, there are four or five groups in Tarrant County which are the principal sort of organized groups that deal in politics. There are the Labor Unions and the precinct workers, which is princi- pally black, a Mexican-American organization and several others, comprising a total of about five, including a sort of vaguely defined Seventh Street group or business community. Is that a fair thumb- nail description? A. Substantially, aithough it varies from year to year. There will be new ones; some will drop out, and new ones will come in. Q. As I understand it, in Tarrant County there is a fairly wide divergence between those groups. That is, I believe you have told us maybe on one occasion in the last ten or fifteen years they have kind of gotten together and tried to agree on a Democratic slate, but at all other times there has been divergence or difference of opinion among the various groups about who ought to be supported as Democratic candidates. A. Yes. I think it would be safe to say that a candidate running for the Legislature in Tarrant County goes to one of two groups. It would be the Labor group or the Seventh Street or business group for support. Q. And that is not uncommon throughout this nation? 45 [46 ] A. I wouldn't think so. To my knowledge it is not. Q. To seek the support of Labor and business? A. Right. Q. But there is not any one little group of king makers sitting around anywhere in Tarrant County that is able to say, "This fellow or this lady will be a candidate on the Democratic primary." There's four or five divergent groups that see dif- ferently the issues and see differently the can- didates, and it's kind of a fight among all of them to see who gets on and who gets the support after they get on? A. Well, I don't know who makes the decisions in the Seventh Street group, but I know the deci- sion made in the organized Labor group is a Demo- cratic process where all the delegates to the Central Labor Council vote on who will be supported. Q. And you talk to all candidates who want to come and talk to you, I suppose? A. Yes, sir, right, always have. MR. YORK: I believe that's all we have, Your Honor. Thank you. 46 Ee eo Bee ee a ea " " ae St ATA A AEN Si AE RAT MD [47] CROSS-EXAMINATION BY MR. BONNER: Q. I have one brief question for you, Mr. Sifford. I believe on your deposition you dealt with the racial---. JUDGE WOOD: Counsel, I belive you have to give your name, so the court reporter can get 3 7 MR. BONNER: I'm sorry, Your Honor. Norman Bonner. Q. In your deposition you dealt with the racial aspects of campaigning for the Legislature in Tarrant County? A. Yes, sir. Q. Do you recall that, sir? A. Yes, sir. Q. And you have spoken today of the economic aspect. What I want to ask you is, in your opinion all things being equal where black and white candi- dates are involved, which factor would be more deci- Sive in tipping the scales in favor of one candidate oa ES PLE EN FD SR SN TIE Yes Or another candidate, race or economics? A. I would guess I would say race. 47 [48] MR. BONNER: Pass the witness. MR. GLADDEN: Don Gladden, Your Honor, on redirect examination. REDIRECT EXAMINATION BY MR. GLADDEN: Q. Mr. Sifford, in connection with the slat- ing process, the slating process takes place prior to the Democratic primary. Is that correct? A. That's correct. Q. And that the slating is for the Democratic primary, rather than agreeing upon a Democratic candidate for the November elections. Is that correct? A. Primary. Q. So the siating process takes place prior to the Democratic primary, and that is what you had reference to in your cross-examination. Is that correct? A. Yes. Q. I'l] ask you whether or not a person--that the selection by the Labor and related selection groups is tantamount to election, whether or not the liberal labor communities placing a person's name on a Slate, does that automatically mean that person gets elected? 48 be [49] A. If I understand you right, the answer is no. Q. Now then, is it important, however, in terms of being able to make a significant race, to have the endorsement of one of the two slate-making groups? A. I would say that very seldom -- it's not impossible, but it's highly improbable that any candidate could be elected without the support of of the the -- the support of one or the other or both. Q. In that connection we're talking about the Seventh Street group and then the labor related coalitions of liberal, black and brown community? A. That's right, I would think that the candi- date would have to have the support of one of the two to have much of a chance. MR. GLADDEN: Pass the witness. MR. YORK: We have nothing further. JUDGE JUSTICE: Are there other questions of this witness. MR. GLADDEN: I would like to call Mr. John Dillard. At this time, Your Honor, we would like to 49 [50} offer in evidence J. W. Sifford's deposition, if we have not. JUDGE JUSTICE: It will be recetved in evi- dence. JOHN DILLARD a witness called by the Tarrant County Plaintiffs, having been first duly cautioned and sworn to tes- tify the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION BY MR. GLADDEN: Q. State you name to the Court, please. A. John Dillard. Q. Where do you reside, Mr. Dillard. A. 3913 Wilbarger, Fort Worth, Texas. Q. In that connection, if you will, speak into the microphone so that it will be picked up and all of us can hear. How old are you, Mr. Dillard. A. Twenty-three years old. 50 Pts ela. Re ge eee ee re Pre ee ee Cr ae nee oe a te Set ogy ee Se Bae Si vite R ge —— oe v [51] Q. What is your business, occupation or trade at the moment? A. I ama student. Q. And where are you a student? A. North Texas State University. Q. And what is your major? A. Sociology. Q. I'll ask you how old you are. JUDGE GOLDBERG: We got his age. MR. GLADDEN: I apologize, Your Honor. Q. In that connection, where is Wilbarger Street in connection or in association with the rest of Fort Worth or Tarrant County: A. It's in the southeast corner of Fort Worth. Q. I'll ask you, if you will, please, to de- scribe the neighborhood and the makeup of that por- tion of the community in which you live. A. Well, it is working class population, and it's about 50 percent white and 50 percent black and a sprinkling of Chicanos. Q. And I'll ask you what the economic level of income is in that area, if you know. A. It’s about four thousand co ten thousand. Q. Four thousand to ten thousand dollars per year? 5] [52] A. Yes. JUDGE JUSTICE: You're speaking about annual income? THE WITNESS: Yes. JUDGE WOOD: Average annual income? THE WITNESS: Yes. MR. GLADDEN: Yes, Your Honor, average annual income in a range from four thousand to ten thousand. JUDGE GOLDBERG: Is this based on your know- legde or what you got out of the census information? THE WITNESS: Well, my parents make about $5,000.00 a year, and the houses around where we live look about the same, so that was my estima- tion. JUDGE GOLDBERG: Thank you. BY MR. GLADDEN: Q. In that connection you do live at home with your parents, do you not? A. Yes, I do. Q. What is the general age makeup of the heads of households in the community and area where you live? A. They are middle-age and older. Q. And in that connection you say that it is a working class community. Would you tell us whether or not 52 a [53] it is made up primarily of skilled trademen or unskilled workers? A. Unskilled. Q. Mr. Dillard, I'l] ask you what your earn- ings were last year. A. $2,700.00 Q. And you have testified that your parents had a family income, a combined family income of about $5,000.00? A. Five. Q. What does your father and mother do in the way c* work? A. My father is a laborer, building labor. Q. Does he belong to a Union? A. Yes, he does. Q. Does he belong to the Laborer's Union, or dv you know? A. I'm not certain what Union. Q. What does your mother do? A. She works at a laundry. Q. Has she just recently been employed at the laundry? A. Well, this year. Q. In that connection I'l] ask you whether or nec you have ever entertained, thought about or con- sidered 53 eel om ve net Bee — ~ : : » a [54] seeking public office. A. I have thought about it. I have dreamed about it. Q. I'll ask you whether or not you have ever yiven any serious consideration to seeking public of- fice in Tarrant County. A. No. Q. Or in District 32? A. No. Q. Why have you not given any serious consi- deration to making such a race? A. Well, I heard that it costs a lot of money, and to get that kind of money, one needs to find someone to finance their campaign, and I don't be- lieve I want to commit myself to anyone else's causes. Q. In that connection I'll ask you whether or not you have been active or have actively parti- cipated in anybody else's political campaigns in the past. A. Yes, sir. Q. Would you tell the Court what campaigns you have participated in and what nature of activity you engaged in? A. I worked in the Farenthold campaign and in the McGovern campaign. Q. What was the nature of the activity? 54 [55] A. I made yard signs and knocked on people's doors. Q. Dc you feel that in the event or if it was feasible to have a district composed of a portion of District 32 where a door-knocking type campaign might take place, that someone in your economic circumstances might give serious consideration to seeking public office, rather than dream of it? A. Yes, sir, it does seem possible. MR. GLADDEN: Pass the witness. MR. YORK: Your Honor, I didn't want to be taken a moment ago to be agreeing to a procedure whereby Mr. Bonner would follow us. JUDGE GOLBBERG: Mr. Bonner, do you have any questions? MR. BONNER: I'm sorry. We have no questions. JUDGE GOLDBERG: Go ahead. CROSS-EXAMINATION BY MR. YORK: Q. Mr. Dillard, what level are you in school? Are you a junior or a graduate student---? 55 [56] Senior You're 25? Twenth-three. > oOo Y Q. Twenty-three? Have you been in school con- stantly since graduating from high school? A. No, sir. Q. What other jobs or trades have you fol- lowed? A. Well, I have taken a semester out and worked at a motel last year. Q. You worked for one semester in a motel. Is that when you earned the twenty-seven hundred or whatever it was? A. Yes, sir. Q. Is your mother and father's combined -- his Union work and her work, whatever it is, combined totaling $5,000.00? A. We don't discuss finances too much. I'm not certain that's the combined total. Q. You had expressed $5,000.00 as being the family income. If you're uncertain about it, I think it would be fair for the Court to know that, or on the other hand, if you are certain---. A. Yes, sir, I am uncertain of it. Q. All right. It is true that you have never given any serious consideration to running for the 56 | neal — ———————————————————_—eEeE~ [57] Legislature from Tarrant County? A. No, sir, I have never given it serious consideration. Q. Have you talked to Mr. Sifford with the Trade Union people? A. No, sir. Q. Or talked to Mr. Johnson with the Pre- cinct Workers? A. No, sir. Q. Or talked to anybody about it? A. I have spoken to other people in the Farenthold and McGovern campaign. Q. In the McGovern campaign and Mrs. Farent- hold's campaign, they both made extensive use of media, television, radio, newspaper and every other kind of media? A. Yes, sir, I think they did. Q. There would be nothing in those campaigns that would lead you to believe that a purely shoe- leather campaign would be likely to succeed, would it? A. Well, sir, I did not work in the media portion of that campaign, and the portion of the campaign that I worked in seemed to be having some effect on the voters. Q. Good or bad. A. It seemed like it was a good effect, sir. 57 EE en ea [58] Q. Good. The truth of the matter, as far as the Legislative Districts in Tarrant County, in terms of the cost of campaigning for Legislative Districts in Tarrant County, you have never worked in one of those campaigns when an individual member ran for a seat in the Texas Legislature? You've never worked in one of those campaigns? A. I did one day's work in a campaign, but it wasn't significant, no, sir. Q. I'm sure you're not privy to the inner workings of how it was financed? A. No, sir. Q. You would recognize that it would cost something to run a single-member district or multi- member district campaign? A. Yes, sir. Q. You have expressed the view, I think, that you are not much willing yourself -- would you view it as sort of selling out to other people's causes or views if you had to solicit money from others? A. I believe so, sir. Q. Could you come up with even a thousand or two thousand dollars of your own money to run a race in Tarrant County at this time? A. At this time? Q. Yes, sir. ee | A. No, not at this time. MR. YORK: I believe that's all we have, Your Honor. JUDGE JUSTICE: Is there redirect examination? MR. GLADDEN: Thank you, Your Honor. REDIRECT EXAMINATION BY MR. GLADDEN: Q. Mr. Dillard, in connection with the den- sity of population in Fort Worth and in your neigh- borhood, it is a typical medium-low income xesiden- tial area. Is that not correct? A. Yes, sir. Q. Houses are close together? A. Yes, sir. Q. Do you have an opinion as to whether or not a shoe-leather type campaign could be run in a district wherein 75,000 population in that area, whether or not you could based on your experience in the Farenthold campaign and McGovern campaign, whether or not an effort could be made to conduct that type of a legislative campaign? A. Yes, sir, I think you could knock on a good [60] many doors. Q. Do you have an opinion as to whether or not if you multiplied that nine and got into a popu- lation of 650,000 whether or not it would be feasible during the interest period of time to conduct a cam- paign knocking on doors in a community of 650,000? A. No, sir. MR. GLADDEN: I believe that's all, Your Honor. MR. YORK: We have nothing further, Your Honor. JUDGE JUSTICE: You may stand down. Please call your next witness. (WITNESS STANDS ASIDE. ) MR. GLADDEN: We would like to call Mrs. Betty Fischer. Please the Court, Mr. Collins is going to be our easel, because we were unable to locate one earlier today, and I may have to excuse myself to come back and help him. JUDGE GOLDBERG: That's all right. 60 [61] BETTY FISCHER, a witness called by the Tarrant County Plaintiffs, having been first duly cautioned and sworn to testify the truth, the whole truth and nothing but the truth, testified as follows: DIRECT EXAMINATION BY MR. GLADDEN: + » Q. State your name to the Court, please. A. I am Betty Fischer. ). Mrs. Fischer, I'll ask you if you have previously testified in this case by way of deposi- tion. A. I did. Q. And in that connection a series of maps were offered in the deposition, which relate basic- ally the same information that appears on this map. Is that correct? A. That's correct. Q. With some exceptions and some variances in method. Is that correct? A. That's correct. Q. The map at the present time as it is 61 [62] exhibited is identified as Plaintiff Excalante's Exhibit No. 1(a). Is that correct? A. That's correct. Q. And the black portion of that map repre- sents that part of Tarrant County that is situated in Legislative District 42. Is that correct? A. Yes, it does. Q. With one slight exception. Is that cor- rect? A. That's right. Q. The exception to that is that the gray area in the upper left-hand quarter in Census Tract No. 141 was altered by an act during the 1972 special legislative session. Is that not correct? A. itnat's correct. Q. And a portion of that census tract was moved into Tarrait County? A. That's right. Q. That was in order to assist Representative Gib Lewis to reside in District 32, rather than 42. Is that correct? : A. As I understand it, that's correct. Q. Other than that one alteration, the white area does represent District 32? A. Yes. Q. I'll ask you if you have attempted to locate 62 geographically the residences of the present mem- bers of the Tarrant County Legislature or District 32 Legislature at the time that they were elected. A. Yes, I did. Q. And how is that identified on the map? A. They are the green dots on the map. Q. And that is based upon the exhibits pre- viously offered in evidence showing their voter re- gistrations for 1972? A. Yes, it is. Q. In that connection Mr. Lewis actually at that point in time did show his residence over on the right-hand side of the map---. A. In Census Tract 6501. Q. Mrs. Fischer, in connection with the over- all map 1(a), you have done some statistical studies have you not, and some pulling informatior from the Plaintiff's Exhibits 2(a) and (b), which is the cen- sus tract information and prepared summaries of the over-all makeup of District 32? A. That's correct. Q. And Plaintiff's Exhibit No. 1(a) prime reflects the over-all information that shows the district as a whole, does it not? A. Yes, it does. Q. And we have previously offered and do _ offer---. 63 E [64] This exhibit was prepared by you and based on the earlier exhibit. Is that correct? A. That's correct. MR. GLADDEN: And we would like to -- we have made extra copies for the Court to have relative to the over-all makeup of the district. Q. Now, in addition to that, have you under- + » to divide the county up into four quandrants to show the economic, ethnic and social makeup of the county by quadrand? A. Yes, I did. Q. And that is shown on this map as Plain- tiff's Exhibit 1(b), and it reflects four lines that may be difficult for the Court to see, but it re- flects four lines dividing the county along census tract lines. Is that correct? A. Yes, it does. G. And I'll ask you if you have done an eco- nomic summary showing the ethnic makeup of those quadrants. A. Yes, I did. Q. In that connection you have previously testified in the deposition about this without giv- ing statistical information. MR. GLADDEN: We would also like to at this time offer the Court a breakdown on each of tne quad- rants or the quarters of the county showing variations of the economic makeup. Now, beginning, [65] if I may, Mrs. Fischer, with the northwest quadrant, that area which is on the upper left of the map does have a total population of 171,000. Is that correct? A. That's correct. Q. The ethnic makeup is basically 82 percent white, 7 percent black and 11 percent brown? A. That is correct. Q. And has a mean family income based on the census information of $9,317.00? A. That is correct. Q. That is as compared to the over-all district- wide mean income of $11,000.00? A. Yes. Q. That quadrant is below the mean income of the district as a whole? A. Yes, it is. Q. And the mean family size of that quadrant A. That's right. Q. Now, moving on to the northeast quadrant with 178,000, that is 95 percent white. Is that correct? A. Yes. Q. Two percent black? A. Correct. 65 [66] And three percent brown? Yes. And the mean family income is $12,605.00? That's right. Q. How many of the present members of the Le- ro PFO gislature reside in the northeast quadrant? A. At the time they were elected in the spring of '72 four resided in the northeast quadrant. Q. Four of the nine Representatives elected in that district? \. Yes. Q. Going back to the northwest, how many re- sided in the northwest? A. Well, our map shows two in the northwest. One actually falls far to the east of that quadrant, but my quadrant line had to be moved over because of the lack of population density in the western part of the county. Q. That one that lies right along the line and geographically more in the east but according to population in the west, does that community of in- terest in the area where he lives fall generally to the west of the county or to the east? A. More to the east of the county. Q. So that actually would be five in that community of interest. Is that correct? 66 [67] A. Yes. Q. Now, moving on to the southeast quadrant, I'll ask you if you have done the summary to reflect population there. A. Yes, I have. Q. Now then, the 153,811 is what you show in the southeast quadrant. Is that correct? A. Yes. Q. That is because you comtemplated the Supreme Court's striking District 42, as well, and your basic figures were based upon trying to redraft and alter District 42. is that correct? A. Yes, that is correct. Q. Now then, in that connection the over-all ethnic makeup of the southeast quadrant is 61 per- cent white, 36 percent black and 3 percent brown. Is that correct? A. That's correct. Q. Now, in addition to the southeast quadrant I'll ask you whether or not the City of Arlington is included or part of the City of Arlington in the southeast quadrant there as you have shown it. A. Yes, it is. Q. There is a difference, is there not, be- tween the economic interest and the ethnic makeup of the south portion of the City of Arlington and the southeast portion of [68] the City of Fort Worth? A. Oh, definitely. Arlington is a white up- per middle-class white neighborhood. Q. Have you done a compilation of the south- east quadrant, or that portion, at least, of the southeast quadrant without the City of Arlington in it? A. Yes, I did. Q. In that connection it is composed primarily of southeast Fort Worth. Is that correct? A. That's right. Q. And using that, there's a total of 109,000 people in that quadrant. Is that correct? A. That's correct. 51,378 or 47 percent are white? That's right. And 49 percent are black? Yes. And four percent are brown. Is that cor- oOo Pro,r eo rect? A. Yes. Q. And the mean family income is $8,815.00. Is that correct? A. Yes. Q. Now, this is the area that John Dillard | lives in. Is that not correct. | A. Yes, John lives in that area. | 68 [69] Q. I'll ask you whether or not any State Representatives were elected from that area in 1972. A. No, there were not. Q. I'll ask you whether or not you can recall, since you have been in politics, and your deposi- tion will reflect how long, whether or not there has ever been a State Representative elected from the southeast portion of Fort Worth. A. Only one several years ago, and he lived on the very fringe, the northern edge of his por- tion of the county. Q. And the mean family size is larger there than in any other district. It's 4.04. Is that correct? A. That's correct. Q. Now. moving on to the southwest quadrant. You have done a tabulation of that, 172,420 people in that quadrant? A. That's right. Q. A total white of 87 percent, 6 percent black and 7 percent brown? Yes. And the mean family income is $13,374.00? That's right. And the mean family size is 3.74? Yes, it is. POoPrPo>, 69 [70] Q. Is that the smallest family size of the various quadrants? A. Yes, it is. Q. And the highest mean income? A. That's correct. Q. How many State Representatives resided in that quadrant at the time of their election? A. Three. Q. So there are three in the southwest quad- rant, four in the northeast and two in the north- west? That's correct. And zero in the southeast? That's correct. Q. Have you alsc prepared -- no, excuse me. Plaintiff's Exhibit i(c) prime, which was a sum= mary of information by census tracts wherein you took two high-income census tracts and two low-in- come census tracts and made compilations on the basis of those? A. Yes, I did. Q. In that connection would you tell the Court, and I don't have a copy of that before me-- would you tell the Court what your high-income figures show as compared to the two low-income figures? A. Two high-income tracts, one is 54.02, which falls in the southwest quadrant of the county, has a mean ; 7m > o YS — [71] family income of $26,825.00. In this there are 968 families that have an income between $25,000.00 and $50,000,00, and 223 families with an income of over $50,000.00. There are only 1,300 families in all of District 32 with an income of over $50,000.00, and 223 of them live in this census tract. Their mean family size is 2.61. The other high-income census tract is 106.02 with a mean family income of $40,693.00. It is 98 percent white, 31 families with twenty-five to fifty thousand dollar income, 23 families with fifth-three thousand and over income. There are only 96 families living in this census tract. It is also in the southwest quadrant of the county. Q. In that connection, before you go on to the lower income, I think I am getting ahead, and there is a map later on that demonstrates some of that. Is that not correct? A. That's correct. Q. I'll ask you in connection with your work in the census information whether or not you have prepared and caused to be prepared -- incidentally, # this map was prepared either by you or under your supervision, was it not? A. Yes, it was. Q. And all the information placed on that map is supported by exhibits which you have previously identified and been offered in evidence? ' een ” ~ [72] A. That's right. Q. I'll ask you if you caused to be prepared at my request an overlay which reflects the pre- cincts wherein there is a black population in ex- cess of 30 percent. A. Yes, I did. Q. And I'll ask you if Plaintiff's Exhibit No. 1(c), Plaintiff Escalante's Exhibit No. 1(c) reflects those census tracts. A. That is correct. Q. Now, in addition to those census tracts, I‘11 ask you whether or not you have prepared and compiled a statistical summary of information which relates to not only those census tracts, but the other census tracts wherein there is significant black population. A. Yes, I did. Q. And that is Plaintiff Escalante's Exhibit No. 1(c) prime? A. That is correct. Q. Now, of these census tracts shown in blue, those are the ones that are the black census tracts? A. Those are census tracts that have more than 30 percent black population. Q. Are they marginally 30 percent or is the percentage significantly greater? A. Oh, most of them are more than 75 percent 72 [73] Q. In that connection how many census tracts are there in this category? A. There are 25 census tracts that are more than 30 percent. Q. Now, there are 80,336 blacks in the dis- trict. Is that correct. A. That's correct. Q. When I make reference to the district and Tarrant County, if you please, I make use of the district smaller than the county, but when we're talking about after 1968, I'll actually be referring to District 32, which is less than the county. Any reference prior to 1970 will be for the county as a whole. You understand that? .: a: Q. In that connection these tabulations are based on the present district. Is that correct? A. Yes, District 32 Q. And that's 12 percent black total popula- tion? A. That's right. Q. These 15 census tracts--15 additional cen- sus tracts where there are between 5 and 30 percent population. Is that correct? A. That's ccrrect. Q. Are those contiguous with or around these 73 [74] blue areas, or where are they located? A. All of them are contiguous with the blue areas except the three that fall into the smaller cit.2s, incorporated areas, and the one census tract that is to the west. Q. _And in that connection the 13 census tracts in blue have in excess of 75 percent total black population. Is that correct. A. That's correct. Q. And the mean family income is $6,570.00? A. That's right. Q. And the mean family size is 4.04. Is that correct? A. Yes, that is correct. Q. Now, in addition to that, I asked you to prepare, and was there prepared an overlay which re- flects the brown or Chicano concentration of popula- tion in Tarrant County. A. Yes, I did. ). In that connection that overlay is identi- fied as Plaintiff Escalante's Exhibit No. 1(d). Is that correct? A. That's correct. Q. And that shows the census information where Chicano population is 30 percent or greater in yellow? 74 [75] A. Yes, tnat is correct. Q. With the exception of one green, which is a combination of yellow and blue, and that signi- fies one census tract where there is 30 percent population in both black and brown census tracts? A. That's right. Q. Now, in addition to that, did you prepare a summary of the brown population as it is distri- buted in District 32? A. Yes, I did. Q. And that has been identified previously as Piaintiff Escalante's Exhibit 1(d) prime. Is that correct? A. That's right. Q. In that connection there are 40,742 per- sons of Spanish surname or Spanish ancestry. Is that correct? A. That's correct. Q. And of that there are 7 census tracts where there is 30 percent or greater brown density of population? A. That is right. Q. That is the yellow ones. Can you tell the Court, if you will, briefly what the remaining cen- sus information or distribution of the brown community is? A. Fivty-five census tracts where there are } more than five and less than thirty percent brown, ofifty more 7& [76] census tracts where there is more than two percent and less than five percent brown population, so we have 105 census tracts with more than two percent and less than thirty percent brown population, and they are spread throughout the district. Q. Mrs. Fischer, in that connection back to your testimony about your summary of economic infor- mation in District 32, I'll ask you whether or not you did prepare a summary of economic information and prepare an overlay which reflects certain eco- nomic information on the map. A. Yes, I did. Q. And that has been previously identified as Plaintiff Escalante's Exhibit No. 1(e). Is that correct? A. That's correct. Q. Now, the overlay that is shown on the map shows the census tracts wherein the population exceeds $3,000.00 above the mean family income in a diagonal and where it is Jess than $3,000.00 below the mean income of $11,000.00 in a dot. Is that correct? A. That's correct. Q. In that connection, the mean family income being $11,000.00 this means that the range is in dots showing a mean family income up to $8,000.00? A. That's right. 'Q. The white area shows between eight and 76 [77] and fourteen thousand dollars. A. That's right. Q. And the diagonal area shows from $14,000.00 up in mean family income. Is that correct? A. That's right. Q. Now, in addition to that, if you will, please, go ahead and explain to the Court -- you pre- viously talked about the two high-income census tracts that you selected, and you have identified those as in the southwest quadrant, have you not? A. Yes, I have. Q. Would you tell the Court about the low- income tracts and where they are situated on the map? A. Census Tract 11, which is just to the east of the downtown area, it also happens to have a population greater than 30 percent black. It has a mean family income of $4,437.00, a mean family size of 4.62. There are 382 families who live here. It is 86 percent black, 10 percent brown and 4 percent white. There are 29 families who have less than $1,000.00 a year income, 46 families with less than $2,000.00 a year income and 5¢ families with less than $3,000.00 a year income. Census Tract No. 17, which lies immediately to the south of 11, has a mean family income of $3,604.00, a mean family size of 4.56. There are 702 families living 77 [78] here. It is 95 percent black, one percent brown and four percent white. There are 105 families with less than $1,000.00 income, 126 families with less than $2,000.00 income and 171 families with less than $3,000.00 income. Q. In that connection then, the range within census tracts, as prepared by the Census Bureau, the range in mean family income in Tarrant County ranges from $3,604.00 at the bottom and to $40,693.00 at the top end and that the mean family size ranges from about 4.56 at the bottom end in the low econo- mic area up to about 2.61 or smaller, depending on which of the two higher income tracts. Is that correct? A. Yes. One of the high-income tracts we were unable to get that figure, because the tract is so small. Q. I'll ask you, Mrs. Fischer, if you did cause to be prepared in this connection an exhibit which reflected the ethnic and economic makeup of the census tracts wherein each of the State Repre- sentatives were elected in 1°72? A. Yes, I did. Q. And that is Plaintiff's Exhibit 3(a) -- (I) prime? A. That's right. Q. All right, and in that connection, this is based upon where they registered to vote in 1972? 38 [79] A. Yes. MR. GLADDEN: In the interest of brevity, if I may make some references to it and lead the wit- ness a little bit, Your Honor---. Q. In that connection, Mr. Charles Evans, a State Representative, lives in a precinct with a mean family income of $14,000.00. Is that correct? A. That's correct. Q. It is 96 percent white and 4 percent brown? A. That's right. Q. Bill Hilliard lives in a census tract with $18,288.00 mean family income. It is 99 percent white and one percent brown. Is that correct? A. Yes. Q. Bud Sherman lives in a census tract where the mean family income is $12,737.00. It is 95 percent white and 5 percent brown. Is that cor- rect? A. That's right. Q. Gibson Lewis lives or is registered in 1972 in that northeast nortion of the county in a census tract where the mean family income was $17,368.00. Is that correct? A. That's correct. Q. With 94 percent white and 6 percent black? A. That's correct. Q. Tom Schieffer lives in a census tract where [80] the mean family income is $14,465.00, and it is 100 percent white? A. That's right. Q. Likewise, Joe Spurlock lives in a census tract of $11,860.00 mean family income, and it's 100 percent white? A. Yes, sir. Q. David Finney lives in one that has a mean family income of $10,432.00. It is 98 percent white and 2 percent brown? A. That's right. Q. Chris Miller lives in a district or cen- sus tract where the mean family income is $20,948.00. Is that correct? A. That's correct. Q. It is 96 percent white and 4 percent brown. Is that correct? A. Yes, sir. Q. Doyle Willis lives in a census tract where the mean family income is $10,833.00? A. That's correct. Q. And it is 94 percent white, 3 percent brown and 3 percent black. Is that correct? A. That's correct. Q. Doyle Willis is the only member of the pre- sent 80 [81] makeup of the Legislature who lives in a census tract where there is any significant -- more than one-half of one percent black population. Is that correct? A. That's correct. JUDGE GOLDBERG: We'!1] pause for a 15-minute recess. MR. GLADDEN: Thank you. (REPORTER'S NOTE: The Court then, at 10:35 o'clock, A.M., December 3, 1973, recesses until 10:50 o'clock, A.M., the the same day, at which time it recon- vened. ) JUDGE GOLDBERG: Would you mind telling us how many live witnesses you expect, Mr. Gladden? MR. GLADDEN: This is our last witness, Your Honor. JUDGE GOLDBERG: Thank you very much. MR. GLADDEN: With one exception, Mr. Collins will testify relative to the time spent in prepara- tion of the case as to attorney's fees. BY MR. GLADDEN: Q. Mrs. Fischer, you had just got through 81 [82] testifying about the economics of the census tract information. I'1] ask you whether or not you have done some statistical studies relative to the comparison of black and white voter activity among selected races in Tarrant County? A. Yes, I have. Q. You have previously testified on your deposition that there has only been three black candidates for the Democratic nomination for State Representative in recent modern history. Is that not correct? A. That's correct. Q. And that during the years, '60 through '72, that was out of about 106 persons that sought the Democratic nomination? A. Yes. Q. All right. Now, I'll ask you whether or not you have identified on the map the location of the residence of each of those three black candi- dates that have run in recent history. A. Yes, I have, in small black dots. Q. They're shown in small black dots? I'll ask you whether or not each of those re- Sides in the black community? A. Yes, they do. Q. And each of them resides in the economic overlay that shows mean family income of less than $8,000.00? 82 [83] A. That's correct. Q. And I'll ask you whether or not you have summarized the effect of or whether there has been voter polarization as to those black candidates against their white opponents? A. Yes, there was. Q. Now, in that connection I'll ask you, in doing that, you selected five precincts -- no, ex- cuse me -- you selected precincts whic? you con- sidered to be all black. Is that correct? A. That's correct. Q. And in 1968 was the first time a black had run. Is that correct? A. That is correct. Q. And that was a person named Charles Grays. In 1972 there was a James Gaskin and a Bobby Webber, both who are parties to this lawsuit. Is that correct? A. That's correct. Q. Did you take those races and make a compari- son of the votes that each of those persons got in what you considered to be the total black precincts versus the rest of the county where there's black and white and brown mixture? A. I did Q. In selecting precincts, did you base it upon your personal knowledge of the ethnic makeup by voting 83 [84] precincts? A. Yes, I did. Q. And you based it on your testimony as to your qualifications in the deposition, did you not? A. That's right. Q. You prepared a summary of this information, which has been identified as Plaintiff Escalante's Exhibit 7(a) prime, through 7(c) prime. Is that correct? A. That's correct. Q. In that connection, turning to Page 2 of that summary, and in this connection, you're using 17 black precincts in 1968 and 19 in 1972. Is that correct? A. That's correct. Q. In the balance of the district for compari- son. Would you turn to Page 2, and inthe 1968 race where Charles Grays was running, he was the black person in the race. Is that correct? A. That's right. Q. In the black precincts he received a total of 89 percent of the vote. Is that correct? A. That's right. Q. And his opponent, Mr. Bud Sherman, who is here in thecourtroom, received 11] percent of the black vote? A. That is correct. 84 [85] Q. And in the predominantly white, but with some black and some brown population, Charles Grays received 8,000 votes or 27 percent. Is that cor- rect? A. That's correct. Q. And Mr. Sherman received 47,000 or 73 per- cent of the white vote. Is that correct? A. That's correct. Q. And by white votes, I'm talking in terms of predominance rather than total purity. You un- derstand that, do you not? A. That's right. Q. So there was just almost a complete rever- sal in terms of makeup of the total boxes in that race? A. That's right. Q. Now, then -- and that was a county-wide race, was it not? A. Yes, it was. Q. Now, turning to the 1972 Democratic primary where both Mr. Webber and Mr. Gaskin sought the nomination, looking first to the Webber race, Mr. Bobby Webber received in the black precincts, the 19th Precinct, you have identified 77 percent of the votes. Is that correct. A. That's correct. Q. And the combined total of the three white opponents was less than 2,000 or 23 percent? 85 [86] A. That's right. Q. And looking at the balance of the boxes in District 32, the records reflect 25 percent of the vote by Mr. Webber in the white boxes, predominantly white, and 75 percent by his combined three white opponents? A. That's right. Q. So there again, there was just a reversal of the trend. It was three-to-one in the black boxes for Webber, three-to-one against him in the white boxes? A. That's correct. Q. All right. Looking at the 1972 race in the Gaskin race, it's not quite as demonstrative in that. Is that correct? A. That's right. Q. Now, Gaskin received 32 percent of the black vote, while his combined two white opponents received 68 percent? A. That's right. Q. In that connection, Doyle Willis was one of his opponents. Is that correct? A. That's true. Q. And a man who had held public office since World War II almost continuously in the area? A. That's right. Q. And these combined two opponents got 68 86 ue [87] percent in the black community, and in the white community Gaskin's percentage dropped from 32 to 20 percent? A. That's right. Q. And the combined two white opponents went from 68 to 80? A. That's right. Q. And in that connection, however, Mr. Gaskin was not endorsed or supported by the Black Precinct Workers Council? A. That's correct. Q. The organization Mr. Johnson has identi- fied himself as chairman cf? A. That's right. Q. Now then, Mrs. Fischer, I also asked you to do a summary or a comparison of voter turnout in the black precincts, did I not? A. That is correct. Q. As compared to the selected white pre- cincts? A. That is right. Q. In that connection, you have selected five precincts which are almost 100 percent black and five precincts which are almost 100 percent white. Is that correct? A. That's correct. Q. Did you in making that selection of these . precincts to tabulate take into consideration the [88] location, the age factor, as well as the mean in- come factors? A. I tried to. Q. In that connection you prepared a summary which has been identified as Plaintiff Escalante's Exhibit 8, 9 prime. Is that correct? A. That's correct. Q. Looking to that on Page 2 -- well, Page 2 reflects both general and primary election in 1968. Is that correct? A. That's correct. Q. And Page 3 reflects the same information for 1970, and Page 4 refelcts the same information for 1972? A. That's correct. Q. And in connection with that averaging, I believe there is testimony here where there is tes- timony that the voter turnout is significantly less in the primaries in the black community, as compared to those voter turnouts in the general election. Is that correct? A. That's correct. Q. Now, averaging the voter turnout in both the white and black precincts in the primaries for those three years, I'll ask you to state whether or not the percentage is about 33.5 turnout in the black precincts and 43.5 in the white precincts you used. Is that correct? A. 33.3 and 43.3 . 88 os Pye corre [89] Q. O.K., 33.3 and 43.3. Projecting that to using those figures and applying it to a thousand white and a thousand black votes and projecting that turnout as to a voter turnout, have you reached any conclusions as to the ratio of people who actually arrive at the polls as between black and whites? . A. Yes, while this percentage only shows 10 percent, if you had a thousand white voters and a thousand black voters, if 43 percent of the white voters went to the polls, that would be 463. If 33 percent of the black voters went to the polls that would be 333. That means 760 votes actually cast out of a possible 2,000. That would expand the vote that the white cast, if. you're talking of block vote, to about 14 percent instead of 10 per- cent. Q. In other words, of a thousand white regis- tered voters versus a thousand black registered voters in these precincts, there would be 13 more white people arrive at the polls than black people, if you used this voter turnout information you have developed. Is that correct? A. There would be 13 more whites for each hundred voters registered. Q. Right, using 100 -- excuse me -- using 100. Of each 100 people that arrived at the polls 13 more’ b would be white than black? A. That is correct. an ee SE «. RIE [90] MR. GLADDEN: Excuse me, Your Honor. I seem to be---. (PAUSE ) MR. GLADDEN: I'11 do it---. Q. In connection with Plaintiff's Exhibits Nos. 16 and 17, those were the newspaper clippings that have been previously identified. I'1] ask you if you caused those to be prepared. A. Yes, I did. Q. And in that connection you selected these from the archives of both daily newspapers in Fort Worth? A. That's right.' Q. And it was your purpose in selecting them to select articles which portray and show whether or not there is racial differences within the Dis- trict 32 area. Is that correct? A. Yes, that's correct. Q. And these articles that you have selected as shown in Exhibits 16 and 17, are demonstrative of what they reflect in terms that they are circu- lated in Tarrant County in the daily newspapers, were they not? , A. That is correct. Q. And in that connection both of these news- paper archives are daily newspapers in Fort Worth and are the only daily newspapers with total circu- lation in the 90 [91] county? A. That's right. MR. GLADDEN: At this time we offer Plaintiff Escalante's Exhibits 16 and 17, not for the purpose of showing the facts, but for the purposes of show- ing the racial attitudes of the people in the com- munity. MR. YORK: Your Honors, without intending any disrespect toward those newspapers, we would respect- fully urge our objection that it is hearsay and contains conclusions which the writer of the arti- cles is not shown to be able to draw. JUDGE GOLDBERG: Do you want to be heard from? MR. GEORGE:- To bring the Court's attention to former stipulations by the State when this pro- ceeding waS going on in January of 1972. The State stipulated the admissibility of similar newspaper items for all purposes. I don't know what the role of the stipualtions of the State in the first hear- ing in this proceeding is, but ™ would suggest that they are bound by the sitpulation. JUDGE GOLDBERG: Well, we will take the stipu- lation and the objection under advisement. 91 [92] when we study the case. BY MR. GLADDEN: Q. In addition to Plaintiff's Exhibits Nos. 16 and 17, there is in evidence Exhibit No. 19, which is a clipping which was circulated in Tarrant County, was it not, by one of the Republican candi- dates for the Legislature? A. It's a reproduction of a handbill circu- lated by a Republican candidate. Q. And that was circulated in the Tarrant County area. Is that correct? A. Yes, it was. Q. And it does reflect a position by that Republican candidate on the issues of busing. Is that correct? A. Yes, it does. Q. It suggests his Democratic opponent favors busing, and he is opposed to it? A. That's right. Q. Now then, Plaintiff Escalante's Exhibit ' No. 21 is also a series of newspaper clippings. Is that not correct? A. That's correct. Q. In that connection this is a series of articles that were prepared and published in the Wednesday -- [93] or in the Fort Worth Star Telegram during the last week or two. Is that correct? A. Yes, Wednesday, November 2]st. Q. And it pertains to -- you said November 21st? A. November 21st. Q. It pertains to the community attitudes on housing and insofar as ethnic living in housing areas, does it not? A. Yes, it does. Q. And this was actually taken by you out of the newspapers. Is that correct? A. That's correct. Q. And it was circulated in Tarrant County? A. Yes. MR. GLADDEN: We tender Plaintiff Escalante's Exhibit No. 21 in evidence. MR. YORK: Your Honor, we have the same objec- tion that we previously urged. JUDGE GOLDBERG: Same ruling. Q. In that connection, Mrs. Fischer, the Plain- tiff's Escalante exhibit does relate to some people's attitude on housing in the Tarrant County area, does it not? A. Oh, yes, it does. Q. Have you picked out just very briefly one or two instances or examples of what this newspaper quotes [94] people as saying as to their attitudes on ethnic housing? A. Yes, I have a couple of examples. One is concerning Arlington where the Planning Department in Arlington is quoted as saying: "Negroes have the most obstacles to overcome," and they were talking about the availability of housing in Arling- ton. It went on to say, “Arlington has a very smal] black population. It is a ghetto-type population," and they pointed out there is, you know, evidence of what the city did for the area before the Civil Rights Act. It had a dilapidated school at one end of the street, and when the Civil Rights Act was in process of going through, they ran and built a small swimming pool, not as large as many white families have in their own back yard, at the opposite end of the street. Then another of the quotes that came up from the Watagua residents who said that he wanted to re- main anonymous. He said, “The reason people like Watagua is there is no city tax and no Negroes." The city secretary of Watagua, Mr. Noel Meadows, spoke of the absence of blacks in the city saying, "We don't discourage them, but then you wouldn't say we encouraged Africanos to live in the city either." This is two I have picked out. There are many others in the newspaper article that reflects about the same thing. [95] JUDGE JUSTICE: What was that term, Afri- canos? THE WITNESS: Africanos. Q. Incidentally, Mr. Meadows' wife was a dele- gate to the National Convention for George Wallace, was she not? A. Yes, she was. Q. And she's City Manager of the City of Watagua in Tarrant County? A. That's correct. Q. And that is one of the areas up in the north portion of the county where there is no show- ing of any ethnic population. Is that correct? A. That rrect. MR. GLADDEN: At this time, Your Honor, we would like to tender Plaintiff Escalante's Exhibits 18(a) through (i), Xerox copies of a series of these slate cards. We would like to tender the originals to the Court so the Court can see the manner instead of the fact that they were all put on one Xerox page, we would like to tender those to the Court. They have been previously, of course, identified and shown to the State. JUDGE JUSTICE: Is there objection? MR. YORK: No, Your Honor. 95 [96] JUDGE JUSTICE: They will be received in evidence. MR. GLADDEN: At this time, Your Honor, we would like to ask Mrs. Fischer---. BY MR. GLADDEN: Q. Mrs. Fischer, in connection with the pre- paration of this map, I'll ask you whether or not you have done some work in an effort to attempt to suggest to the Court how lines can be drawn in Tar- rant County so as to be representative of both the ethnic and economic, as well as the political make- up of the district. A. Yes, I did. Q. And is that an overlay identified as Plaintiff's Exhibit No. 1(f)? A. That's correct. MR. MARTINEZ: Your Honor? JUDGE GOLDBERG: Yes. MR. MARTINEZ: We believe he's going to go in- to the plan at this time, and we would object to any evidence along that line. MR. GLADDEN: Please the Court, the reason for going into the exhibit, there are two reasons. Num- ber one is we feel like it is imperative that we demonstrate to the Court that a plan can be 96 (97] presented to the Court which would satisfy the constitutional inequities that we say exist, that we can demonstrate to the Court that the ethnic and economic makeup of our district is such that it can be constitutionally satisfied by drawing nine lines. That is the first primary thing. MR. MARTINEZ: Your Honor---. JUDGE JUSTICE: One moment. (REPORTER'S NOTE: Court here confer out of the hearing and presence of the court reporter. ) JUDGE GOLDBERG: What is your objection? MR. MARTINEZ: I believe she can testify to that without presenting the plan. JUDGE GOLDBERG: I don't understand he is of- fering this exhibit as a plan that in any event bears the imprimatur of any party. He simply wants to establish, for whatever good it may be, that there is a plan that could satisfy what Mr. Gladden says iS a constitutional right of the Plaintiffs and Intervenors in this case. I don't think he needs a chart to show this. I agree with you that he could ask it in question form, but for some reason he 97 [98] thinks he must get it in graphic form. I think everyone has been told to present plans sealed. Isn't that correct, Judge? JUDGE JUSTICE: No, those who were not actual parties to the litigation were to submit sealed plans. JUDGE GOLDBERG: Oh, I see. I think we'll admit it only for feasibility, and I want you to understand that is the only thing it will be considered for. There is a plan where- by your people could be satisfied -- I mean whether or not it has to be done or the Constitution re- quires more or less is not going to be solved neces- sarily by this document. MR. GLADDEN: This is correct, Your Honor, and we will file with the Court -- it is my understand- ing that the order directed non-parties to file sealed plans. There was no reference made as to whether or not the parties would be afforded an op- portunity to present plans or not. We will file with the Court a plan, but at this point in time we would like to offer this evidence to demon- strate the economic and ethnic makeup for the pur- pose of showing a plan could have been devised by the Texas Legislature and wherein these consti- . [99] tutional inequities could have been satisfied. BY MR. GLADDEN: Q. Now, in that connection, you have prepared a plan, have you not? You have drawn lines? A. Yes, I have. Q. And that is Plaintiff Escalante's Exhibit 1(f)? A. That's correct. Q. In that connection, I'l] ask you whether or not you have identified these by census tracts. A. Yes, I have Q. Now then, I'll ask you whether or not in that connection you have developed a summary of the population, the economic and ethnic makeup of each of these subdistricts, I guess you would call them, at the present time, of District 32, showing the economic, ethnic and mean family size and other pertinent information? A. Yes, I have. Q. And that is shown in Plaintiff Escalante's txnibit 1(g) prime. Is that correct. 99 [100] A. That's correct. MR. GLADDEN: All right, we offer in evidence 1(g), which is the census tract information or the census definition of the lines shown on the map, as well as 1(g) prime, which is the economic and ethnic summaries of the breakdown. Q. Looking to 1(g) prime, I'll ask you whether or not you show these districts -- and if you can identify them to the Court as you go through -- and you have got them marked down there as Box 32-1 through 9. Is that correct? A. That's correct. Q. On No. 1, and it's difficult to see, but that is the portion in the center of the map. Is that correct? A. Yes, that's the inner city of Fort Worth. Q. All right, and would you tell the Court the makeup of that? A. There's 74,614 in population. It‘s 28 per- cent white, 50 percent black, 22 percent brown. The mean family size is 4.6. The mean family income is $6,604.00. Q. Now, turning to District 2, and rather than run through these, the Court has copies of these. A. All right. Q. It's District 32-2. Is that portion to the immediate right and down, the immediate east and south. Is 100 [101] that correct? A. That is the southeast portion of a county. There is presently a high population of black. It is an area where the black population is growing and moving into as they move out of the inner city. Q. In that connection, each of the three black candidates who sought public office live in either one or two. Is that correct? A. That's correct. Q. And the median or mean family income is a little bit higher in two than one. Is that correct? A. Yes. Q. Even though there is ethnic makeup, blacks in the community, then mean family income is more than the center city income? A. That's correct. Q. Both of these districts pertain or deal with the southeast portion of the district where there are not representatives and have been none for many years? A. That's right. Q. Now, 32-3, would you very breifly tell the Court where that is and the makeup of it? A. It's to the north and east of 32-2. MR. GLADDEN: If it please the Court, may I Stand by the map so that I can point it out to the 101 [102] Court? A. It tends to be the eastern suburb of Fort Werth and a portion of Arlington and Richland Hills. Q. In that connection the mean family income is $13,000.00 and there are no appreciable blacks or browns in that district. Is that correct? A. That's correct. Q. Further in that connection, the City of Arlington has a population over 100,000 people. . Is that correct? A. That's correct. Q. In order to draw a district of 75,000, it was necessary to take part of that population out? A. Yes. Q. All right. District 32-4 is what? A. That is part of Arlington that is together. I might add part of the part that we took out of Arlington into 3 have smaller incorporated cities. That's not all Arlington so that 32-4 is Arlington proper. Q. I see, and that has a 75,117 population, which is just almost on the money in terms of num- bers of people. Is that correct? Y A. That's correct. 7 Q. And the mean family income is $11,784.00, and there is a small black population in that dis- trict. Is — 102 [103] that correct? A. Very small, only one percent. Q. And this is actually in Grand Prairie. Is that not correct, that part of Grand Priarie in Tarrant County? A. That's correct. Q. No. 32-5, would you tell the Court a little bit about 32-5? A. 32-5 is the mid cities area. We call it the white suburban, average age arour’ “*, engineers, school teachers, semi-professional people. Q. That's the Hurst-Euless-Bedford area. Is that correct? A. That's correct, near the new airport. Q. And in that connection it is 97 percent white andihas a mean family income of $12,330.00? A. That's correct. Q. Would you tell the Court about 32-6? A. 32-6 is the old northeast side of Tarrant County. It has one or two small incorporated cities, Haltom City and Watague in it. It's mainly an older community of working people. Q. And it has a mean family income of $9,183.00. Is that correct? A. That's correct. 103 [104] Q. Now, 32-7 A. 32-7 has part of North Fort Worth, a lit- tle bit close to the center of the business area, several incorporated small cities, a blue-collar district with a mean income of $9,165.00. Q. And it is 92 percent white. Is that correct? A. That's correct. Q. All right. Now, 32-8. A. 32-8 is known as the Ridglea or west side of Fort Worth. It has mostly very high income popu- lation, a very young population. Q. In that connection the mean family income of that district is $16,785.00. Is that correct? A. That's correct. Q. And it has a family size of 3.6? A. The smallest of any of the districts. Q. In that connection I believe you told me the number of families in excess of $50,000.00 mean family income, as that district relates to the rest of the county, do you have that? A. I can't quote the figure, but is is over half of the 1,300 families living in that district that have an income over $50,000.00. Q. And now, going on to 32-9. Q. Yes. Now, this again, is just the out- lying 104 ™ also afford [105] areas of Fort Worth on the west and south and the old T.C.U. area. It, again, a fairly high income with $12,831.00 and it is 95 percent white. Q. Mrs. Fischer, you have testified previously by deposition have you not? A. Yes, I have. Q. And in that connection you did apprise the Cour t of your qualifications and your awareness of all the information you have testified here today? A. Yes. Q. Do you have an opinion as to whether or not this suggestion on these lines would satisfy and would demonstrate and would afford peenle of ethnic minorities and economic minorities in Dis- trict 32 of a better opportunity to effectively participate in their representative form of Govern- ment? A. Yes, I have an opinion. I think the single- menber districts would definitely help them. I think this plan or these lines at least assure them that they could effectively work and support and elect at least one black representative and have a great influence over the direction in which legis- lation goes and certainly the way they would vote on legislation after elected. Q. In addition to that, both from the ethnic standpoint and the economic standpoint, would it 105 [106] the poor people in District 32 an opportunity to more effectively participate in the governmental process? A. It certainly should. Q. And by the same token, the extremely wealthy would be afforded a better opportunity than perhaps they now have in terms of responsi- bility, at least, to one person? A. That's right. MR. GLADDEN: We offer Mrs. Fischer's deposi- tion in evidence, Your Honor, and with that the Plaintiff will pass the witness. JUDGE JUDTICE: It will be received in evi- dence. MR. MARTINEZ: George Martinez of the firm Martinez & Solis, for Gaskin, et al. CROSS-EXAMINATION BY MR. MARTINEZ: Q. Mrs. Fischer, did you do a summary of Tract 3, which is mostly Precinct 50? A. Yes, I did. Q. That is the one that is designated as combined black-brown area? A. Yes, it was. [107] Q. Can you give me the voter behavior on the black candidates in that area? A. Now, census tract -- I have census tract breakdown. You want the voter behavior of Precinct 50? Q. Census Tract 3, basically Precinct 50, either one will do. A. And voter breakdown? Q. How did the black candidates do in that area? A. I do not have Precinct 50, as such. They were combined with all the other black precincts. I know from experience that the black candidates always come out with at least 75 percent margin. Q. In that area? A. In that area. Q. And that is a combined black-brown area? A. Yes, it is. It is one of the precincts that I used in the compilations I made on the can- didates. Q. Do you have Mexican-American statistics | on voter turnout? A. No, it is not that clear-cut evidence in Tarrant County. There are no precincts that fall-- that have high enough concentration of browns in Tarrant County to actually measure the voter turnout. bi ~ Q. That's your opinion? [108] A. That's my opinion. Q. Do you have any opinion as to the voting turnouts on Mexican-Americans at all based on your own experience? A. Oh, the voter turnout is approximately the same as that of blacks from my experience. It's not as easy to find polarization in the brown vote as the black votes. Q. Do you have an opinion as to why the voter turnout is so low? A. Yes, I have an opinion. Q. Would you---? A. Well, I spent a lot of time walking pre- cincts and registering voters, as well as campaign- ing with voters, mostly in the black-brown, low- income precincts, and in all three, but particularly in the black-brown, the language barrier in the brown precincts. The other is the feeling that their vote isn't going to make much difference, that it really doesn't count that much, and it is an ef- fort they don't feel very rewarded for having made. Q. Did you indicate you had experience work- ing in the Arlington area, or is that just a quote you got out of the paper? A. I live in Arlington. I have run for poli- tical office in Arlington. | [109] Q. Would you say the browns are treated the same as the blacks in Arlington? A. No, there's no housing discrimination of browns in Arlington. Q. When you did your feasibility study for this "non-plan" did you take into account the browns? A. Yes, I did. Q. In doing it, did you attempt to maximize the strengths of their voting pockets? A. Yes, I did, particularly in District 1 where the majority of browns live. In fact, our brown client helped me to maximize the brown vot- ing strength in that district. Q. In your opinion do you think it would have been possible to cut two districts instead of one to maximize black-brown strenghts? A. Oh, you can cut them. If you make two districts with 50 or 60 percent black-brown--! think a white person would be the ultimate choice in those districts. Let me give you an example. In Precinct 1 in Tarrant County, which is just north of the courthouse -- it is heavily black with quite a few browns. It's the census tract that has 96 percent black and brown population. Every two years a white runs, a black runs and a brown man runs, and the voter participation of the black and brown drop off so in the a 109 [110] runoff that the white man always get elected. I think if you draw a single-member district line with very, very close margin in the black and brown, inevitably a white will end up representing them. : Q. Wouldn't you say that's the responsibility of the candidate? A. Of the candidate? I would say that in Precinct 1 the candidate certainly isn't responsive to the constituents in Precinct 1. Q. I'm not talking about the office holder. I'm talking about the people that are running. A. I have seen some very hard races run in Precinct 1 and lost by my brown friends and black friends. It's very hard to get those votes out and particularly in a runoff and particularly where there's been some polarization between the two ~jups in the primary. MR. MARTINEZ: Thank you. Pass the witness. MR. KORBEL: I have a couple of questions, Your Honor. 110 [111] CROSS-EXAMINATION BY MR. KORBEL: Q. I'm George Korbel, appearing for the original Plaintiffs Bernal, et al, and the Inter- venors Moreno, et al. Now, you have been liberally qualified as an expert on Fort Worth politics from reading your deposition. : In your opinion has there been a history of racial discrimination in Tarrant County which has touched the rights of Mexican-Americans and black minorities to participate in the Democratic pro- cess? A. Yes, I would say there has in a very subtle way. Q. And does this existence of past discrimina- tion preclude the effective participation of Mexican- Americans and blacks in the elective system? A. Yes. Q. Does the use of the multi-member district in conjunction with the majority place system operate to minimize or cancel out the voting strength of racial or political elements of the voting population of Tarrant 1 [112] County? MR. YORK: Your Honor, Counsel, of course, . is reading from the Supreme Court's language. I don't believe this witness has been shown to be qualified to pass on the ultimate conclusions of law to be made in the case, and we object to it. MR. KORBEL: That's all I have, Your Honor. JUDGE GOLDBERG: We will take the objection under advisement, as previously ruled on the other questions. CROSS-EXAMINATION BY MR. YORK: Q. Mrs. Fischer, you have worked long and hard on the preparation of this exhibit and on the various other statist:ical data which you have ga- thered, have you not? A. Yes, I have. Q. Been busy on it for several months? A. Yes. Q. You would expect that anybody who wanted to run, and particularly the members of the present Tarrant County delegation who, if they were told this month, the next month or the month after, that they would have to run in 112 [113] single-member districts in Tarrant County, they would likewise have to study up on what those single-member districts would consist of in terms of what kinds of voters, what kinds of income, et cetera, et cetera, would they not? A. I would assume they would. Q. And that would be a not insubstantial job, considering the time allowed, would it not? A. I don't believe that they would need the detailed breakdown we had to present to the Court. From my political knowledge, and I assume any can- didate or officeholder in Tarrant County has at least as much as I do and many of them more, I could look at those suggested lines and know which district I would run best in without going to a census tract or voting precinct, and I think most of them could. I don't think it would require them a great deal of time to decide where to move to get elected. Q. Would you seriously contend that the mem- bers of the delegation know as much about the situa- tion statistically and so on in Tarrant County as you do at this moment? A. There's some of them that I am sure do. I feel that there are some that do not, but then I don't want to pass on their qualifications. Q. O.K. You would agree that there would be substantially more work or at least more work, however you 113 aa . a ret [114] want to characterize it, for them to run in single- member districts from that standpoint than there would if they were to run in the district as it is now constituted? A. Oh, no. They could take their election returns from the last two campaigns they have run and simply pick out the area that they run best in and could run a much easier campaign than running county-wide. Q. You believe they wouldn't have to devote any time to studying the new districts? That it would be minimal or none? A. Practically none. Q. Or to study the ethnic makeup and the makeup as far as income is concerned in their new district? A. I would think it would take a very small amount of study time on their part. Most of them have lived in Tarrant County all their lives, and they should have a pretty good general knowledge of it. Q. And if the individual members of the Legis- lature would differ from your view on that point, I suppose you would have to concede that they would know best how much whork they would think they would have to do? A. I certainly would. As I said, I wouldn't want to pass on the qualifications to make that judgment. Q. You are aware that the constituticnal con- vention in thie ctata handas ta 1-------- a [115] Yes In Austin? That's correct. Requiring hopefully the attendance of al] the present members of the Legislature? A. That's right. Q. I'm sure you view that as a laudible pur- pose, a job that needs to be done and needs to be done well? on,rno }> A. Yes, sir. Q. Fully attended by the delegations from all of our counties? A. Yes. Q. What is the over-all Tarrant County break- down between browns, blacks and Anglos or white? A. It is 82 percent, 12 percent black and 6 percent brown. Now, this is District 32. Q. That's not total Tarrant County? A. No. Q. I understand. A. This is the district our present Represen- tatives run from. Q. You made a statement in reply to one of Mr. Gladden's questions at the tail end of his examina- tion that you felt that a single-member district Situation would allow the wealthy to perhaps gain a more direct form of 115 rn we Sena IPA EN RALLIES LILES [116] representation or a more representative form of representation as well as the poor? A. Yes, I do. Q. Would it be true then that you would now believe that those representatives that you might characterize as living in the wealthier districts, generally being white, generally being somewhat wealthy themselves, would your statement about that lead us to the conclusion that you believe they are influenced to some degree now by the pre- sence of minorities in District 32? A. Oh, I believe, knowing my delegation, that there are probably one or two of our representatives that are influenced by the views of the minorities in Tarrant County. I would not be able to say this is true of the total delegation. Q. My point is -- do you understand the point being if you made the statement that the wealthy would be better represented in a single-member dis- trict situation, that must be due to the conclusion that the wealthy are not getting total representa- tion now because their supposed representatives are being swayed somewhat by what the poor think? Is that right? A. That could be assumed. I think, if you'll give me a minute -- if I lived in District 8 and were an oil man, which is where most of the oil people in Tarrant 116 pS A [117] County live, I might rather have an oi] man or an oil man's son in Austin than a P.R. firm operator. That might be the choice they would want to make. Q. Now, when you answered that question that way, I assumed that what you meant was as it now stands those who are white who are representatives, that you believe somehow they are not giving total allegiance to the rich, because they are being some- how swayed by what the poor, the blacks and the browns think? A. No, I don't think that is an accurate assumption. I think that it's more there aren't any 01] men serving in our delegation, and since the richest-area in Tarrant County is predominantly 0i] people, that they might get an oil] man to repre- sent them then. Q. You say only a couple of the members of your, what, nine-man delegation, pay much atten- tion to a minority interest now? A. There's only a couple that talk about it back home, and we haven't had that much legislation of a crucial nature come out of the Legislature in several years. Q. Are you aware of how the delegation as a whole voted on HouSe Bill 3 related to the open meetings law that we now have? A. Yes, but I do not really consider that a bill that particularly -- that the black community ~ or the [118] brown community or the poor community is any more interested in than the total community of Tarrant County. I think the people in Westover Hills who would have time to go to the City Council meetings are probably more interested in the bill than the black pe son who works from 7:00 to 7:00 and wouldn't have an opportunity to go to a City Coun- cil meeting, if it were open. Q. What about night meetings? Could some of those people, make one of those? A. They could make night meetings. Unfortu- nately, in Fort Worth there are no night meetings except of the School Board. . Q. And that is subject to the open meetings law? A. Yes. Q.° Do you know how the delegation voted as far as House Bill 6 on open record, making a great number of government records open to the public, which they had not previously?™. A. I don't understand. MR. GEORGE: Your Honor, to expedite things, I would interpose some objection here. With all due respect to Mr. York, I hope he's not guing to take us through all the controversial measures of the Legislature. It seems 118 [119] like we need to have some kind of ground rules about some relevance to minority interests. JUDGE GOLDBERG: Well, he started with low numbers. Let's just see how far he goes. (LAUGHTER) JUDGE GOLDBERG: We may then establish some ground rules. MR. YORK: Your Honor, there were about 2,500, bills introduced, but not all of them were passed. BY MR. YORK: Q. Would you think that a bill relating to the adoption of children by members of the same race, House Bill 262, are you familiar with that bill? A. I have looked it up in the House Journal, yes. Q. You think minority interests would be in- terested in that bill? A. I think there might be more there than in the other two. Q. Do you know that none of the members of your delegation voted against that bill? A. I know that. I'm not sure but what there hasn't been a Court ruling on that at some point. That was 119 [120] my impression at the time the bill was brought up that that was something that was being decided by the Courts, had been decided by the Courts. Q. You think that the minority groups would have a greater or lesser interest in the right of an injured employee to select a licensed physician or a chiropractor on his own by his own choice un- der Workmen's Compensation Law? You think the rich whites or the poor blacks and browns would be more interested in that? A. I think the poor blacks and browns and labor would be more interested in that. JUDGE GOLDBERG: What number is that? (LAUGHTER) MR. YORK: House Bill 166, Your Honor. JUDGE GOLDBERG: You're going back. Go ahead. What was the answer? THE WITNESS: Oh, I think that the blacks, browns and labor---. I understand labor supported that bill and pushed for it, and I do think that that benefits any of the working people. Q. How many of the people in your delegation voted against that? A. I can't recall. I don't think any of them did -- maybe one. Q. Out of nine? 120 A. Out of nine. Q. What is it, without going through all these bills, what is it in terms of legislation recently that more specifically this delegation has failed to do or has done which you would say 1 they shouldn't have done, which would indicate an unresponsiveness to blacks and browns? A. Oh, I don't think it is what they have or haven't done on votes that have been taken, but we have not had a single member of our delegation since the 1950's who would introduce any legislation that the blacks or browns might be interested in, and when our delegation comes home to Tarrant County, they certainly don't go to the black and brown leaders to find out what legislation they might be interested in. I could name you some things they have opposed that I think the black and brown com- munities were vitally interested in. Our delega- tion voted for the sales tax. They voted for the ) city sales tax. These are things that the black and brown delegation from Tarrant County went on [121] record as being opposed to. There has been no one carrying and really fighting for and getting passed a day care center bill for this state. We have lost our federal drug rehabilitation center in Fort Worth on the basis that the state was going to take it over. There has been no one in our delegation to fight to get that kind of service back in the community by _ the state. It's not so much how our Pee ere — ae ae a [122] members vote. It's that blacks and browns and poor of Tarrant County cannot look to any member of their delegation, maybe one, maybe two, to carry the kind of legislation that they have to look to some black representative from Dallas or Harris County to introduce, and this is the lack of re- presentation. They do not have an ear in Austin. Q. You say that they can look to only one and maybe two? A. That's correct. Q. How many blacks do you say could be elected under your plan? A. At least one, but we wouldn't necessarily lose the one or two that they now look to. Q. They have now got one or two that they look to under multi-members, but under your plan they would elect maybe one, maybe two? A. Plus the one or two presently serving that is responsive to them. Q. This plan that's been suggested to show feasibility, does it pare every single incumbent with the exception of Mr. Willis? A. No, it does not pare Mrs. Miller. I will say that until these nine lines were drawn I made an effort not to know where the present delegation lived, because I know most of them. I knew the exact location of two of them, 122 but I had to go the the courthouse a aa were drawn in order to determine where they lived, and it was only then I found out that they were pared. Q. Do you know of any studies, or have you conducted any studies to determine whether or not there is any correlation between either black or brown voter turnout in single-member versus multi- member districts? Specifically, have you made any such studies in Dallas, Harris or Bexar Counties to determine whether or not the black turnout went up when they went to single-member districts? A. No, I haven't had time to make those studies. Q. You haven't had time? A. No, I have been making these studies. I haven't had time to go study another county, so I would have to say that I don't know. Q. O.K. Is there any single one -- any sin- gle district drawn here -- what would be the great- est brown population in any of the districts that are on this map? A. District 1 has 22 percent brown. It has every census tract in it where there is a greater than 30 percent brown except one. There's only one census tract with more than 30 percent brown that's not in District 1. Q. What is the dropoff to the next nighest 123 tte eae ae PDI. LEIS De AS AS 5 NIETO Ee, at a [124] brown percentage? A. Oh, the next one goes down to -- just a moment -- to about 7 percent in District 7, which is the northwest district, which is sort of a blue- collar working man's district. Q. Is it your impression or view that the browns and blacks would consistently vote with each other on all issues, or is there a substan- tial division between browns and blacks, both in terms of personality and in terms of issues? A. I think on economic issues they probably find a greater common ground than the white community does with either group, because they're closer in their economic problems. Other than that, I have no opinion as to---. But most of them are inter- ested in day care, low sales taxes, the same things that I think any low-income person is interested in. Q. Would you think that based on your exper- ience there would be a polarization between browns and blacks? If in one of these districts that you have got there were a brown and a black candidate, would you expect voter polarization for the brown and for the black on the other hand? A. I would imagine there would, at least when the idea is new that might happen. actually [125] Q. What is the largest black percentage in the most predominantly black district that you have drawn there? A. It is 50 percent. Q. And what is the dropoff to the next one? A. Forty percent. Q. So that given the statistics you have men- tioned of voter turnout, if you assume for a moment ; that that wouldn't change under single member, you may disagree with that, but assume that for a mo- ment. There would be little way for a black to get elected without substantijal white support in those districts? A. No, you have 50 percent black in District 1 and 28 percent white and 22 percent brown, so with a little support from either the white or brown, the black would get elected. Q. And the next district? A. In the next district there's 57 percent white, 40 percent black. I doubt that a black would get elected in that district next election, but that is the district where the black population is moving to. Two new precincts have become black in that area in the last four years, and I expect that the growth there will be greater, and it will be a matter of time until that has a high percent black. Q. Mr. Gaskin, who has been mentioned, [126] did not carry the majority of the black precincts when he ran. He, as a black, ran and did not carry the black precincts, did he? A. That's correct. Q. Mr. Willis carried the black precincts by a fairly overwhelming margin, didn't he? A. Well, yes, without a runoff. There were three candidates. Q. And the other example -- seemed to me like you were talking about a three-to-one---. A. Split, yes. Q. ---split. Was that in the Gaskin race or was that Webber? A. No, usually the black candidates gets three-to-one black votes in the black district. Gaskin did not. He got 32 percent black vote, but you have to understand that Gaskin did not have the Support of the black organization nor the brown PASO nor labor, and that does make a difference in all our precincts, particularly black ones. Q. The one exhibit which you mentioned as being used apparently by one of the Republican can- didates, something to do again with the touchy sub- ject of busing---. A ves. Q. ---when was that put out? A. It was put out in the primary--no, in 126 [127] November of last year when the Republican candi- date against Mrs. Chris Miller -- and it accused her of being in favor of busing and said that he would vote against forced busing. Q. You think it is hard at times to tell the difference between what we might call racism and just plain old dirty tricks? A. I don't know. I have always been able to figure out racism when I see it, I think. Q. You can tell that from Republican dirty tricks? A. I don't believe that this candidate would have undertook dirty tricks. Q. Oh, I'm not by any means meaning to impune that particular candidate. A. This is the kind of leaflet that he stood in front of the bank and passed to people. I don't think we can attribute it to dirty tricks. MR. YORK: Thank you, Your Honor. EXAMINATION BY JUDGE WOOD: Q. Do you agree with Mr. Sifford that the most important element in electing a State Senator is prior public 127 ~_ . ~— — eee OL ene, a [128] exposure to the voters? I'm talking about State Senator, he said, and plus the endorsement of the special interests of the labor and the business community. A. Yes, sir. Q. You still agree that that is true? A. I think the amount of publicity a man has had is a great factor. Q. And the endorsement by the labor community and the business interests? Labor community or the business interests. Q. And/or? A. Uh-huh. Q. If you get both, you're almost in, aren't you? A. Yes, sir. Q. Now, what is the size of your senatorial districts? A. They're approximately half in Tarrany Coun- ty. That's a figure I haven't looked at recently. Q. About how many would you say? A. Roughly just over 300. Q. Senatorial districts, of course, are single- member ? A. That's correct. Q. All through the state. The United States 128 — CN DENRA EE OS NEO NT LEVIS IRENE [129] Supreme Court held that those single-member dis- tricts as they now exist and form the basis for the senatorial districts are constitutionai. You are aware of that in this state? A. Y¥Os, Si. Q. Would this same test that Mr. Sifford has prescribed, that is, former voter exposure -- take the case of Mr. Doyle Willis -- and the endorsement of the labor interests and/or the business community still be factor in single-member districts of the Legislature? A. Not near as great a factor, I believe. Q. Well, I'm going to ask you, wher you're dealing with 75,000 voters, would that be a factor, former exposure plus endorsement by the labor or business community in those single-member districts? A. I can only go back to my own experience where I have run and have worked in campaigns for City Council where we had 100,000 voters and -- no, we don't look for it. Q. Is that a factor in Dallas? In other words, the ideal population is 75,000 people for represen- tatives where you have a single-member district. Is it a factor under your study as an expert in Dallas County, that is prior voter exposure, as Mr. Sifford says in the senatorial district, and also endorsement of the business and labor community? Is it essential? [130] A. Oh, I think it is a factor. I think it would be essential in some. Q. What about Bexar County? Have you made any study there of whether labor cadorsement, prior voter exposure and endorsement by the business community is a factor? A. I would have to say I have not done any work in Bexar County since 1968, and I'm not that familiar with it. JUDGE WOOD: That's all I have. EXASINATION BY JUDGE JUSTICE: Q. I have a few questions. In relation to the Tarrant County legislative delegation, are you aware of any type of leqislation in the form of bills that's been offered by any member of that group which had to do with nondiscriminatory hous- ing? A. I don't know of one in recent years. Q. In recent years? You mean never or you're just not aware of any, or has there been any. A. Seems to me like there may have been one several years ago, but when I think of the people who are in 130 yr [131] the present delegation I don't recall one having been introduced. ; Q. Are you aware of any civil rights legisla- tion that's been suggested by any member of the delegation from Tarrant County? A. No, I do know that several members of our ; delegation voted against the Martin Luther King birthday resolution. None of them introduced it, but some of them did vote against it. Q. Are you saying then that that indicates some type of hostility toward the black community's interest in that proposed holiday? A. I don't know whether it's hostility or they just didn't really take into account what the black community felt about it. Q. Has there been any type of legislation or any type of bill offered by any member of the Tar- rant County legislative delegation relating to non- discriminatory education as it relates to minority Fe RE a ee groups? A. Not to my knowledge. Q. Has there been any type of bill offered by any member of the Tarrant County legislative dele- } gation which had to do with bilingual education? j A. I don't think any of them offered it. I know that nearly every member of our delegation -- in fact, I 131 OL ERPS Diet RIO PE PIE be Cm Crore + AS ae DNR Come its a OG RE IE OTL ED: a he Neamt Derey~ Hoe OePeTny 2 a [132] think every member of our delegation did vote for the bilingual education bill. &. They did vote for that. A, They did vote for it. I don't believe any of them even co-sponsored it, though. JUDGE JUSTICE: All right, thank you. EXAMINATION BY JUDGE GOLDBERG: ' Q. One question. My arithmetic is poor, but I arithmetically compute that the equal districts among the nine would come to 57,040. Is that right or wrong? A. 75,045, I believe. Q. I knew it would be wrong. (LAUGHTER) Q. What is the major percentile deviation now existing in the district? A. In the district? Q. Yes. In other words, under the propcsal-- I didn't state the question accurately. Under your feasibility exhibit -- I'm going to call it that -- under your feasibility exhibit what would be the largest percentile deviation in splitting up 39 (sic) 132 [133] into single-member districts? Is that clear? A. I believe so. You're asking me how much these district lines vary? Q. Yes, ma'am. A. I believe it is a little less than 2 per- cent. I do not have the figure, but our smallest district is 74,514 and our largest one is 75,737. There's less than a thousand people difference in all of them. Q. How long have you been active in politi- cal campaigns in Tarrant County? A. Since 1957 in the U.S. Senate special el- ection is the first time I did any political work. Q. Is it your opinion that there is an organ- ized -- I do not mean by the term "organization" with charter and by-laws -- but is there within the broad scope of the word "organized" slate-making rules that has generally dominated the results of the legislative elections in Tarrant County? A. Yes, str. Q. Upon what do you base that conclusion? A. Well, having been around campaigns, you see people shape up on different sides of a cam- paign. Generally, there are two, one the labor- liberal-black-brown coalitionand one the Seventh Street candidates, and they are pretty evenly di- vided. You know who they are within two weeks after 133 [134] filing deadline. Q. Does the so-called Seventh Street “organ- ization" in your opinion attempt to accomodate its slate to the general ethnic groupings of Tarrant County and their legislative requirements? A. Well, I don't think they have ever sup- ported a black or a brown for the Legislature. Q. Do you think it is absolutely necessary that a black or brown represent the ethnic inter- ests of the people of Tarrant County in the Legis- lature of Texas? A. I certainly do. I think that a black or brown certainly could represent black and brown and white people, particularly in a district predomi- nantly black and brown. He knows the problems. He's lived with them all his life. I think even from a sympathetic white they just haven't had the same problems that the black and brown community experience. I think it is very helpful to have someone from the minority group as a member of the elected group. JUDGE GOLDBERG: Thank you very much. Now that the Court has interrogated, do any Counse! have any further questions? MR. GLADDEN: I have, if it please the Court. [135] REDIRECT EXAMINATION BY MR. GLADDEN: Q. Mrs. Fischer, you began work on your feasi- bility proposal some months ago, did you not? A. That's correct. Q. You were aware of the fact that the origi- nal case was tried some two years ago and that there was some possibility that Tarrant County would be involved in redistricting. Is that correct? A. That's correct. Q. As a matter of fact, you kept up with the fact that the Texas Legislature did consider a pro- posed bill wherein there were proposed lines pre- sented by several members from Tarrant County. Is that correct? A. That's correct. Q. And you are aware, are you not, as far back as 1961 there was a proposal introduced and suggested that single-member districts be drawn for Tarrant County. Are you not? A. Yes. Q. And that the members of the Texas Legisla- ture from District 32 also were aware of this Court's ruling 135 [136] in the Dallas and Bexar County circumstances. Is that correct? A. Oh, yes. Q. And they were aware of the Harris County single-member district legislation or the action that the Legislative Redistricting Board adopted, [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_1627%3A01. Public record. Not legal advice.