Appendix — White v. Regester

Supreme Court brief1975

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INDEX

VOLUME

Docket Entries ... “

Trial Testimony (December 3-5

R. C. Johnson...

J. W. Biftfora .

John Dillard .

Betty Fisher .

Marvin Collins

Bobby Webber .

Carlos Puente .

Gibson Lewis.

Ba Berries . . «

Larry Bales . .

Stuart Long .

Ben T. Reyes

Charles Miles

Volmar Overton

Tommie L. Wyatt

Lamar L. Kirven

Gonzalo Barrientos

VOLUME

David Morales . =

Frank Owen .. <

Vincent Kemendo "

Paul Ragsdale . .

Sarah Weddington .

Carios TEMAR . «

Dr. Charles Cotrell

Trial Testimony (January 28

R. GC. Jonn@on . .

Betty Fisher .

Dorothy Perez .

Carlos Puente .

R. G. Russell .

David Finney .

VOLUME

ef ee FF Bt 2S. aS Oe. TFT FF OT P Bie 2s

eo = © ©. 8

aii

,saA 8 ee Ee SB SS Se VRP 2 P_ ees

973

Arguments on behalf of District

William Boyd Oliver III

Richard English... .

Pike Powers . .<« + « «

a se ee oe oe i Oe oe oe ee ee ee ee

ew @* 2 2+ @ 2 @ 2 O° @ 8 2 PP OS h4 CS eS

, 8S eS 2 2B. 2 6. tt 2 DB _f SAS VO? SS eS

on «+ Of SF. F 2 £2 2 842 2 Se. Fe

ee ee a er

e.e0e 8. t 9 8

i ee ee i

Se @-@ © 8 6

sr ee 8's @

32 Plans

kD OE SR D- SC 2 2 2 "2 O42 Fe Se

Discussion concerning District 3

R. B. McAlister...

Discussion concerning District 7

L . Dewitt Hale . . . . . * 7 .

Carlos Truan . ° e

L. DeWitt Hale (Recalled) ee @

POpEaee BGs 6 « ce «ee 8 °

Decision of Court .. ° ——

Deposition of Joyce Wendell sifford

Deposition of Betty J. Fisher .

Deposition of R. C. Johnson ..

Deposition of George A. McAlmon

VOLUME IV

Deposition of Apoloneo Montemayor

Deposition of Dr. Hector P. Garcia

Deposition of L. DeWitt Hale...

Deposition of Travis Peeler ...

Deposition of Robert L. Gilbert .

Exhibit l annexed to Deposition of

it SEAMOGR. <4 % >a 6 e SUS ow S

Deposition of Tom P. Moore, Jr. .

Deposition of William B. Oliver .

VOLUME V

Deposition of Cleveland Nisby ..

Deposition of Terry Doyle ..

Deposition of Reverend Rodney Howel

Exhibit 1 annexed to Deposition of

Reverend Rodney Howell ....

Exhibit 2 annexed to Deposition of

Reverend Rodney Howell ....

Exhibit 3 annexed to Deposition of

Reverend Rodney Howell ....

Deposition of Jessie Rangel ...

Deposition of Froy Salinas...

Exhibit 1 annexed to Deposition of

Froy Salinag .... a

Exhibit 3 annexed to Deposition of

a RL ee ee

Deposition of Madison Sowder ...

Exhibit 1 annexed to Deposition of

Madison Sowder ... ° :

Exhibit 2 annexed to Deposition of

a a ee ee ee ee

(ii)

Ca iad

eee Mee e

ect +t ates &¢ + 82 + 2 8 Ss

937

945

951

966

973

989

995

997

1005

1014

1132

1200

1257

1298

1354

1397

1470

1504

1557

1562

1612

1724

1744

1801

1878

1881

1882

1885

1915

2015

2016

2018

2067

2068

Exhibit 1 anne:ed to Deposition of

Dr. Hector P. Garcia ...- ee) &

Exhibit 2 annexed to Deposition of

Dr. Hector P. Garcia .. ° eo ele

Exhibit 3 annexed to Deposition of

Dr. Hector P. Garcia .. ° oe ee

Exhibit 4 annexed to Deposition of

Dr. Hector P. Garcia ...-.- a

Exhibit 5 annexed to Deposition ct

Dr. Hector P. Gercia ...- a ae oe

Exhibit 6 annexed to Deposition of

Dr. Hector P. Garcia ... » Pee ge a

Exhibit 7 annexed to Deposition of

De. Mecter ©. GarGin «ss te te ee

VOLUME VI

Plaintiff Intervenor Gaskin, et al.,

Redistricting Plan for Tarrant County .

Plaintiff Intervenor Moreno, et al.,

Redistricting Plan for Lubbock County .

Plaintiff Intervenors Wright & Crawford

Redistricting Plan for Travis County .

Plaintiff Intervenors Wright, Redis-

tricting Plan for Galveston,

McLennan and Jefferson Counties... .

Republican Plaintiff and Plaintiff

Intervenor Moreno Redistricting

Plan for El Paso County .... +. +s «

Plaintiff Escalante Redistricting

Plan for Tarrant County .....

Plaintiff Intervenor Moreno Redistricting

Plan for El Paso County

Defendants

Plaintiff

Exhibit 44

Exhibit 47

Exhibit 48

Exhibit 49

Exhibit 51

Intervenor

Escalante E

Wright

Moreno

xhibit

(iii)

Exhibit

1-A .

Plaintiff

18-E

Escalante

Piaintiff Escalante

Plaintiff Escalante

See 6.4 6 St 8

Plaintiff Escalante

lig)‘ .-

Plaintiff Escalante

3(i)" -

Plaintiff Escalante

7te)* « «

Plaintiff Escalante

Exhibit 1-D

Exhibit 1-E

Exhibits 3-A

Exhibits 3-D

Exhibits 3-G

Exhibit 4 .

Exhibit 5 .

Exhibits 6-A

Exhibit 7-A

Exhibit 7-B

Exhibit 7-C

Exhibit 8-A

Exhibit 8-B

Exhibit 8-C

Exhibit 8-D

Exhibit 9 .

Exhibit 10-A

Exhibit 10-B

Exhibit lL1-A

Exhibit 11-B

Exhibit 12-A

Exhibit 12-B

Exhibit 13-A

Exhibit 13-B

Exhibit 14-A

Exhibit i4-B

Exhibit 14-C

Exhibit 15-A

Exhibit 15-B

Exhibit 16 .

Exhibit 17 .

Exhibit 18-A

“exhibit 18-F

Exhibit 18-G

“Exhibit 19 .

Exhibit 20 .

Exhibit 21 .

Exhibit 0

Exhibit 1(a)* through

exhibit “3(a)" through

through

hro

through

“exhibit 7(a)' through

“Exhibit 8, 9

(iv)

2381

2382

2383

2384

2385

2386

2397

2406

2407

2408

2410

2412

2413

2414

2418

2422

2424

2432

2436

2440

2442

2447

2449

2459

2462

2469

2473

2477

2486

2487

2545

2557

2558

2560

2561

2562

2563

2571

2574

2584

2585

2587

Plaintiff Escalante Exhibit 1F--Proposed Single

District Map of District 32 (Tarrant County) :

Large easel-size map not reproducible ina

printed appendix. Original map contained

in the original record in the clerk's of-

fice. (For similar map, se Plaintiff Es-

calante Deposition 1F).

Plaintiff Escalante Exhibit 2A--Tarrant County

Census Tract Information: Bulky exhibit not

reproduced in printed appendix because all

other relevant data cited therefrom is con-

tained in other exhibits.

Plaintiff Escalante Exhibit 2B--Tarrant County

Block Information: Bulky exhibit not repro-

duced in printed appendix because all other

relevant data cited therefrom is contained

in other exhibits.

(v)

ae @ .o

A 71 fA 149

QVIL DOCKET

—— rane CA-71-H-1166 (Houston)

dary Gomend do: 11.50.71 by deft.

aTroansre

For plaintil:; —pavad M, Berg

~ 2012 Let Rati Lite Dida. venaten 12008 — —

Stuact MM. Malkia

Asi8 & ho * Be Suite 320.

STATISTICAL RECORD comm on | at nec owe

SS mailed /- > 2-4 Clerk Ls-22 | Stuact revel

a <3I= General of Texas _. ae

wes ete J sal: 4-2

tasis of Action Docket fee

nstatutional Rights:

nallenging apport ionment Witness fees

ins for House of Repre.

SOR AEMEALY re) iminary | Depositions

injunction & permanent

ajunction

=_——"* tae phen D tic =P : mie

___li. Wood Ir, & Circuit Judge Ir.ing Goldberg w/copy of Pre-trial order and aa

, =e penance

_——- —

ee Se ARR

> _Anawer of Deft Kyle Chapman.Judge Bill Eliiott, Bill Elliott, Jamie Bray |

4 —

A> Me dum Brief in Support of Motion to Change Venue and for Consolidation

filed

,13- x Granting Motion for 1 don of George L. Allen et al in A-7)-CaA-i

= : =22- a Re

to attys for both sides

14- A 4 Parties for Exp Incident to Hearing by Special Mester

£ Copies to Judges & Attya of Record, ath

& Master, sth

16-_ Oath of Srecial Master, filed. Copies to Judges, Attys of Record & Master «

Judges, Attys of Record & Master ~ALb.

1222-21 19+ De fend. Orr's Motion to & rt of Special Maater, filed

Copies to Judge, Master & a 2

O 20= Defend Orr's Objecti te the Appoi of the i ble George

Sch ki as Special Mester. filed Copy to Judges, Master & Se a, ath. —_

” ‘

POOR COPY .

A-71-CA-142 (Con'td.) ~*

aS Oe. Ss Seen Caen = —_ ‘ _ a» mae =

Tet

pate | PROCEEDINGS new

“12-28-2 29- Memorendum Brief in Support of Motion to Dismiss by Harris County Defte., “|

filed. Copies to Judges, eth. j

“12-30-71 | 30+ Plaintifte’ Brief in Opposition to Motion to Convene « Three-Judge Court, |

filed, Copies to Judges, ~ .

oe > Response * «Bowes test wash... on

13-12. fs onueealteeina payeosi tee 8 werassiy" otanasnente, Uulss: aeportes fie fieee™ :

— __ Copies given to all ouigns ons wailed to attye for both 100

1-2-72__ 3-_Pretrir’ Order filed ‘

1-3-72. Ja-_ Pitt's Triel Brief filed

1-3-72 [35+ Brief in Support of the -+ re that a three Judge Court is Required in .

the Graves Cases filed saetiecainies sence

1-3-72 - Supplemental Pretiral Order Liet of Exhibite filed

O 1-3-72 | __Cowrt Reporters Ken Howard,Jack Sykee & Dorethy Doroughty swore

Opening stetements waived

Trial began

ETE, Pitt's Rests

| State Rests

‘?

Both sides Close

Final Arguments to be held with other } redistricting Cases

' Witnesses List

i- 37?- Pre-Trial Memorandum Brief filed

1-3-72 - Mptiooe for Dismissal or for Judgment filed

1-4-7272 39- Deposition of Barbare Jordan, pd by pitf $31.50 filed

1-46-72 _dD- Reposition of Everett Collier pa by pitt $67.50 Filed

1-4-72. 4i- Record of Proceedings Hearing on Pretrial Conference held 12-22-71 filed i

1-4-72 e Record of Proceedings Hearing on Final Pretirle Conference held 12-31-71 filed.

_1-5-72_ &3- Deposition of Searcy Bracewell filed Pd. by Pltf. $155.75 ‘

i-6-22 ° Oral Deposition of Mr. Utah Kirk filed ‘

_1-6-72 - Oral Deposition of Mr. Richard Menchaca filed }

“1-6-22 _$6- Qral Deposition of Barbara Jordan(continued) pd. by pitf. 32.75

_1-6-72_ 4?- Orderfiled copies mailed te all Judges and all attys.

_§=2=22 - Subpoena ret'd & filed Ex. 12-30-72 Everitt Collier, Houston, Parker ,Dep

ie_aien 4. 2a24

1-2-72 ‘vw a ret'd & filed Ex. 12-23-72 Barbara Jordan, Houston, Keith, Dep.

State HS Post ‘Trial “Brief and Proposed Findings of vact and Conclusions of

a ) Law attached filed

I-ibe24 Sl- Post Trial Brief and Argqumentand proposed single-member district plan

for Dallas Co. filed (see papers in A-71-CA-144)

saiceaial 14-2 5 $2-- Post-Trial Brief of the Pitfis Regester ,et al and intervenors Texas

AFL-C10, et al filed (see papers A-71-CA-143) * '

Bore: 53-. Proposed Findings of Fact and Canclusions of Law filed (see papers ——

——— + A-71-CA-143) “ — —

—j=-14-22} “S4- Defts'’ Brief filed =o

____A+1d-2%_ 55+ Findings of Fact and Conclusions of Law Proposed by the Defts filed oun

~ = t-de- 22 So-_ Letter of explaination by deft.s Atty. Sampel D. McDaniel with comments

+ on Mauzy Plan and Errors noted in Mauzy Representative Districts Plap

a filed - ——_—_+——

L-2se22| 52+ Post-Irial Brief for Pltf{-Intervenors Washington, et al, filed 00...

1-18-22). S8- Letter for stenographic errore in transcript of Professor Murray's dna

re | testimony on lst day of consolidated hearings filed 4

1-48-22. }S9- Order for clerk to issue check in amount $2,100.00 as partial payment — +

| ef said daily tranacript to lack D. Sykes tiled Copies af order malled 10 aR a

Judges and attya for all aides 8 SS Ne

a ea aE ——

wit

EOL NESE OE RAP APO TLIED

PS es Pn Bhs MELO F ETE

care |

PROCEEDINGS

1-18-72, @0+__Map redistrictin,

a-single-nenber

1-25-72 61- Deposition paid by Piet Pitfrc. + in amount $361.47 (Regeste

~.1-28- 22) -62-__Opinion & Order filed 0

128-721. 63-_Oral Deposition Bob Armstrong filed(originally 1 filed 1-3-72)

~in28-72 .. 64- ._ Deposition Ben Barnes filed (originally filed 1-3-72)

1-28-72 65- Oral Depoisition of Gregory Drew Hooser filed (originally. filed 1-3-22

..1-23-72. . 66- Oral Deposition Gus Mutcler filed (originally filed 1-3-72)

1-28-72 | 67- Record of Proceedings Vols. 1,2,3,4. Jen. 3,4,5,6 filed

1-28-72 68- Orad Deposition of Crawford C. Martin filed (originally filed 1-3- 72)

— 1-28-?2..69-_ Oral Deposition Robert S. Calvert filed - (originally filed 1-}-?2)

1-28-22. 2Q-_ Oral Deposition Robert Spellings filed °$249225 filed (originally

—f£iled 1-3-72

~2s)22.. te ?i-. Pltfe' Motion to Amend Judgment ttle (Copies: mailed to 3 Judges)

2-2-72 |

—

>. Affidavit filed ( mailed

73- Order pay sum of $4,206.00 for pre w eesat Bearings and daily transcript

__filed. Copies metled to attys for both sides

basic tor Dallas md Tex filed~*

—__ dela _24-_ Order granting motion to amend opinion & order to rectify clerical erros

2-11-22 |. 26e—Motice-of

._._..filed _ Copies mailed to all attys

costs ‘filed =

Appeal to ¢ oR oe ee Curtis Gr

tiled Copy wailed to ait D Judges and_Sup Court U.S. eee

2-15-7224 22=_ Motion to Allow Pp. et De Soote-fiied

~2-15-72 ~12 12m Order granting Motion to allow payment of Deposition Coste filed

mailed

to-all_attys ead three Judges———___________

_ Copies

—Bas-72,28- ~lateae, of semstet-te-centitp.onsend_b teenente-canies-sesced-slong with —_

~ A> 11-CA=143,A=21=CAn] 44, 4 A-216CA-

oul 28-22 | BO — “Net ice. of Appeal ca the Supreme. Court af the U8. in Gieil A-Di-CA-145 filed

_.2>28- eT pein

2-28-22 Si>___Deposition Mr._David M. McNeely filed

mS —[at-aalance of funda deponitad Regiatey Actout_of Auatia hati Bank be

Roberts.

-73 M

3 j92-

a |

>18-73 5 93_

PETe

8-7-73 — BS-

“8-17-73 96-_

——$<4—

Cotes Loe

; ey te

~2-2. 73. 190. Order granci ng, payment § 1,500.00 to o George ge | Schatzki, Special Master filed

8 Deposition of

etry Bleic ‘taken 17 Aug. 972, filed.

Slip Opinion Supreme Court U.S. ( see A-71-CA-143)

eid sa orion TO INTERVENE (SEE CIVIL A-23-CA- us for “List “ot Intecyenors) 611

with copy of Complaint in Intervention attached. _ Motion & Order to Judge

Justice for signature. _

Authorities in Support of of Mot ion to- Intervene, filed

Siip Opinion_Supreme Court U.S. filed (See A-7!-CA-143)

_Motion to Inte i stant case and A-71-143,144,4 145 fiien CST

(Dave Richards Attorney)

__ Motion to. Ir Fvene in instant case and A-71- 143,164 & 145, tiled by

__Gaskin, Cha Charles Px rles Puente, Bobby G. G. Webber, D Dorothy Perez & Richard Quevedo

_Barbara Nelson(see A-73-CA-146-Atty, Norman M. Bonner, Jr.) OYPY 6o Lloes

Author te n Support of # Motion to ae Filec + Copy to Judges.

to all attorn

Side Porter ‘by Managing Judge Willies Wayne s-orde

9-4-7) '98- eee a a ois hase Sa fedtoti sa sae Pah co WY ERA HIN

fy issues,ci

—_ ee eee ee nn eananee eee Aine Sennen

Cypjon-maty sides

1-22-73 a= Wot ion nat NSpeciat: Master’ George Sear a: _ to 3 Judges 4 J

mae oe

Oe ee

Len PAR ~ OLR PR me ERD -

A-71-CA-142-Qurtis Graves, et al v. Ben Barnes, et al

D C 10 Rev. Civil Docket Coetieuation

eee = an ee a =

rN Opa PROCEEDINGS Jets

___P9, Brief of Platasitte, Goerge Willeford, et el,

garding the Appropriateness of

"A Hit ee ee 16), a weve PHN cea, SN aks

Further Proceed i

G=3=73 7100. Motion to Interve

APY LA Tag gh Je., Harrell 2. Sahaens vincent — tam +~

% &. , Joe Summers, J¢., and C.e Garcia. Copy tod oa get oe

a ferret, i The ETGS.)Aieo copy fo Jutge Roberts wince they are wortoning”

aes . o Intewene in A-73-CA-115) See a

@:11:23 101 dum as to Further Proceedings on continued Jurtedies ion, filed by “o

—--——} ——Diana Regester (A-71~CA-143) Rc

Q- 10023 102. — Quriae Brief of Tarrant _intarvenora an Question of C-usinuing, —

=28-73 | 103.

098-73) | __A-7E=CA=162, 163, 164 & 169; A-73-CA-115, 166 and 155, Ciled.

scainbiiiia decane _ all attorneys in all case

30-4-73 | 106. —Peeee enter

—__—}-———

-An4-11 108. Cone aint in_iacervens or filed by Plaintiffs in A-73-

with copy of Tlef in Support (with exhibits

"20-4-73 | 106. — in Intervention filed by Plaintiffs

—

Comary

dotion filed(ied. Suit &-7)=Ci- is seat OY Aettes

tae ya Recusing Judge Roberte poe eden ery af? causes © tion

Copy to

by Managing Sudge Wayne, Sobe fee? setting trial date of DEC. 3, —

3 at 9:00 a.m., at Austin. Order also grants all petitions for inter- |

bode pend‘ng before the panel. (original Order filed herein)

: ek “Copy to Judges

fa. A~73-CA-146).. Copy to ~ |

Yoke | ae of party Plaintiffs Char sea Wright. (iravie Go.), et al,filed by |

Dave Richards, Attorney,

y Order of Managing Judge Justice, filed

ee a aie xe Jia, Ieee caster

147,154 6 145 on “Copy 6 3 Judges With proposed Order to Managing Judge

= -+——"Wayne Just Tes: OPy yy OF Complaiat In intervection also Forwarded and or igingl

noma" R sao.

10-19-73 | __._ Motion to Entervene filed by Collis E. Cannon and Cleveland Nisby (in all | oe

__Seven cases) (Dave Richards Attor Tater Copies to Judges. }

Tl-6-73 | 109. Interrogs to Detts. filed by PItfE-Intervenors “Tharites “rignt et at-

|___Copy to Judges ._ we ¢

Li-13-73 | 110. Order setting Nov. 26 for briefs to be filed. Copy to attorneys & Judges. |

b1-15-73 Ll. Interrogatories to Defendants filed by Pitff Dr, Willetord & Pleft intervr. |

Franklin R. Sears.

“11-23-73

oe +

.e Ll-21-23 112. Deposition of Robert a Gilbert (taken by Plainttf), filed.(in this case file

_ Answers and Objections to Interrogatories filed by Defts. Mark White &

_ Deolph Briscoe in respconse to interrogs propounded by Pitff-Intervenors

Charles Wright, et al, filed. (filed in this A-7i-CA-1462)

7 = Motion for Leave to File ‘ Brief, As Amicus Curiae filed by Texas Women's

Political Caucus, filed.(in A-71-CA-142, (includes all cases) (and Brief in supp:

“11-26-73 | 115-order hy Managing Judge Justice for deposit of 54,000 to expedite preparaiica —

_of transcript ($2,000 each by Deft. & Plrft-Intervenors) and that each party _—

_}__supaly list of witnesses for hearing for Dec. 3 by NOW. 3, 1973 at 9:00 a.c.._

: as Doc 23.

#11-23-73 | 1i7- Motion “for Leave to File an Amendme

4 Deposit in Clerk’ s office by Dec. 3, 1973 at 9:00 a.m., filed. Copy to Judges —

and all parties’ attorneys.

4} tib-bepessticns. of SS Wendell Sitford, Fischer and Johnson filed(with Exhibd

#'s 22, and 24 in A-73-CA-115) a

at to Complaint (to litigate for lawful Cigir

~for attorney's fees) with proposed Order and Proposed Amended Compiaint attached

by Plaintiff-Intervenors(in A 73-CA-115, Doc "Ct 825)

Trial Brief for Pitiffs -Intervenors, Tarrant County

{ , Dist. 32, filed. (Doc. F25

“to A=73-Ca-115) _ Py ea

| yrs 5 ; a ti Ser arc 0x

continued .

t saeco tetera ansnensianeenanasarinentsies +o

wearers

CURTIS GRAVES, ET AL A-71+CA+142

owe BENBARNES, ETAL. patatsiannannsntdiniponsinnasitt — —

Date | PROCKEDINGS Date Order or

= Note

_ 11-30-1120. Oral Deposition of L. Dewitt Hale, filed. (in all cases)

11-30 [12ks_Orat Deposition of Terry Doyle, filed. (in all cases) t

___Lb-30__, 122. Oral Deposition of Felix McDonald, filed (in ell cases) }

| 11930123. Oral Deposition of Madison Sowder, filed (in all cases) ~

| _ 11-30 __. 124, Deft. Attorney General, State of Texas, Witness list for hearing set for ~~ ~~~

| 7 ~ Dec. 3, 1973, te, in accordance with order of Nov. 26. !

. ‘11-30-" | 125. bn cee of $2,000 00 by State of Texas Vouchef for DEFTS:,

;

| clizdaczazzzoraa_

| 11-29-73, 119, Depositions of William B. Oliver, ITI and Oevelance Nisby, fijed(in all caeds) ne

‘FILED.

_M-30" waits “oF Plaintiff Intervenors Wright et al, Moreno et al ant Sears,

le ee CL Briefe of Regester, Willeford, Bernal, Chapman and PItff Intervenors Moreno , et at

~~ Sears, et al and Wright, et al, filed. :

“Ti-30- +i. Deposition of Jessie Rangel, filed. ae

1i-3- ; 129. Oral Deposition of Froy Salinas, filed. with exhibit.

~11-30-" ' 130. _Deposition of Rev. Rodney Howell, filed. ‘

—12-3-_ 7 | 131." Western Union Money Order Message from Mexican American Legal Defense Fund”

RRR in amount of $700.00 as Pltiff-Intervenor's Wright, Mareno, et al deposit oF

ez ___ (one-third of $2,000) per Order of Nov. 26, 1973. :

_12-3-73_132. Trial Brief for Plaintiff-Intervenors Gaskin, et al, filed. ; pa

__12-3-73, 133. Motion to Take Judicial Notice of Testimony ¢ Given at a Former Trial, filed pearay

by Pleriffs SKMAMMAKMKEXEScalante, et al(A-73-CA-115, their orig. _complt)

123-79. _134. Stipulation © Pleintiffs’ Escalante, et al, “Exhibite la and 0, fiied. 7 ee

__12-3-73 135. Minutes of CIVIL PROCEEDINGS, FILED. Motion to File an Amicas Curie Brief” ae

eye le ial yee Tex. Women's Political Caucus, Granted.

| .__ Opening Statements made by Don Gladden and Norman Benner for Escalante ~

E a (Terrant Co.) _Larry York for Atty Generalreserved his statements for later time.

= . Exhibits Intrdced-all received and admitted except for 16, 1? and 2! for which ~~

ha size objections were made (later admitted by Court) _ et ore

_ Witnesses sworn and testimony on behalf of Excalante begun. Depositions

} __of Johnson, Difford and Betty Fischer admitted. Written objtections to a

BER oSS: | be presented to Court as to certain Depositions by Dec. 4th.-Escalante rests.

sa Witnesses ‘Sworn and Lest imon y on behalf of Gaskin Begun. Objections of

i‘ — \. __ Mr. Richard as to certain legislative bille-Overruled-Tarrant Co. rests

MPS Le BPS x x Rect. Testimony on behalf of Intervenor, Chas. Wright

____ begun admtted - opening Statements sede by Mr. Richards (Jefferson Co.,

| et al). Court adjourned until Dec. 4, 9:00 a a 7 7

12-3-73 1136. Terr t Co. Witnesses Sworn list, filed. fens a

~ 12-3-73 137. EXHIBITS LIST, FILED- “Plt inf£-Intervenor GASKIN. 4

12-3- 73) 138. EXHIBIT LIST: Pirff- Intervenors Wright, et ai- i-filed. ;

12-3-73 | 139. Complaint in Intervention filed by Rosa Maria Gonzalez Moreno, et al ap

i (attorney, Mexican Amer. Leg. Def. Fund, George J Korbel, attorney 3

_12-3-73 | 100 Escalante EXHIBIT LIST, FELED. } =

_12-3-7 Mareno, INTERVENORS EXHIBIT LIST, FILED.

12-46-73 | ie _ MINUTES OF CIVIL PROCEEDINGS, FILED, Testimony on behalf “of Intervenors Moreno, ets

its. A i ___and Wright resumed. Exhibits for Republican- ~Plaintiffs #10-#15 admitted

Court adjourned untjl Wednesday Morning at 9:00., a.m (3- Judge) (phe Gpygtres exce ft

73} 143. Wright, Moreno Pitff Apsecwnaar? WITNESS cwog:.LIST filed. :

144. Republican Plaintiff's » filed. (copy wath Ex's 10-15 in Ex. Room.)

145. -_ Minutes of CIVIL PaOceS ee FILED. Testimony on behalf of Intervenors,

a Weight, Moreno, | etal resumed. Additional Exhibits for Wright admitted j

y ——__—__—_4——____ #29-32 and others) _All Counsel agreed to waive ry na and to . =

¥ +. file extensive briefs with Court. Plaintiffs-Intervenor 3

i EEE SSS rey of Defts. degan, Attorney General 'a(deft) Exhbs sle-etl ae

}___ admitte 2 Siraennieans

A fe ag of

Rrra 2 esc. ante neers apse ams mname

(Redistri

cting case)

CURTIS GRAVES, ET AL V. BEN BARNES, ET AL

A-71-CA-1

D.C 1104 Rev.

12-5-73 Minutes of civil proceedings Dec. 5 continued... .. +

12-5-73

12+5-73 [147-

12-21-73

42 (consolidated with A-71-CA143, 144 and 145 and A-73-CA-115, 146 and 155)

Cet! Docket Comtineation e

ae se =

Date Order

PROCERDINGS

_Docket #145 continued. psranere a

Case taken under Advisement by 3 Judges ( adjourned).

146-Intervenor Chapman(Pitff) Exhibite list filed. (copy with Exh.@l only filed) in

exhibit room.)

- ‘ttorney General's office, State of Texas)

‘copy with exhibits in exhibit room)

168-Order entered extending time to submit briefs to Dec. 26th no later than

filed-all attorneys notified by Judge Justice’ office by phone.

Ld 12-26-74 149-Motion to Substitute Party (Jack Warren, Chrmn Exec. Rep. Party for George

12-27-73

12-28-7

1 -2-74

Willeford, former chrmn), filed. |

150-Post Submiseion Brief on Behalf of Plaintiff Warren and Republican Intervenors

filed (R. James George, Jr., Attorney). |

1$l-Post Trial Brief for Plaintiffs Charles Wright, et al and Wanda Chapman, et ai,

filed (David R. Richards, Attorney).

1$2-Post-Trial Brief for Piaintiff-Intervenore Gaskin, et al, filed. (Norman A.

Borer, Jr., attorney)

1$3-Trial Brief for Plaintiffs Escalante, et al(Tarrant County Diet. 32[Don

Gladden, attorney).

1$4-Post ubmission Brief on Behalf of Defts White and Briscoe, filed. (Elizabeth

Levatino, Spec. Asst. Attorney Gen., attorney)

155-Firet Amended Complaint in Intervention fil-d by Moreno, Pitff. (Korbell,atty

for Maidef)(copy to Judges by attorneys)

1-2-76 |

#12-24-73 |

1-7-746

1-8-7264 |

1-11-76

~11+74

N 1-164

156- Plaintiffs’ Yoreno, et al Post-Trial Brief, filed. (Korbell, attorney)

~ Out of Order Notation: Statement received from Dorothy Daugherty, 3338 Pollard

Tyler, Texas 75701 for hearings held Dec. 3 - S$, 1973)

$2,133.00 due.

1S7- Letter signed by three Judge stating Pitfs and Intervenors file proposed |

redistricting plans for Court's consideration for each district

represented by said counsel prior to 1-12-74 & counsel for deft should

file its plan prior to 1-18-74 filed

158- Order signed by three judge filing deadline tor office of State

representatives (providing that an application to have one's

name placed on ballot as # candidate for nomination by @ political

party shall be filled not later than 6:00 P.M. Feb. 18, 19746 that

(providing that the county chairman shall file with county clerk

of his county a list of all candidates within 10 days which will be

Feb. 28, 1974 filed copies mailed to all attys all judges & Party

chairmans

159- Legislative Redistricting Plan and Supporting Brief of Pitf-intervenors

Gaskin, et al. (Legislative District 32) filed

160 Propos * 7lan of Apportionment of the lubbock County Multi-Member

District into Single Member Districts filed

| 161- Proposed legislative district plan for Travis County (with accampanying

descriptive data tiled

162- Proposed legislative district plans for counties, Galveston,McLennan &

Jefferson with accompanying descriptive data attached filed

163- Proposed Plan of Apportionment of the Nueces County Multi-Member

District into Single Member Districts filed

7%) 164- Letter dated Jan. 11, 1974 .o all parties from managing J udge William

Wayne Justice re error in Exhibit #1 submitted by Attorney Richards on

behalf of plaintiffs, Wright et al. A€orney Richards to respond by

5:00 p.m., Wed. Jan. 16, 1974; stipe or objections to response to de

filed by 5:00, Jan. 21, 1974.

| 165- Proposed Redistricting Plans for Tarrant, Travis, McCleii« =. ddan 4

Nueces, Jefferson & El Paso Counties (by Republican Pittts) cl Fase veo.

also submitted on behalf of Pitff Moreno), filed (R. James George,Atty).

(Galveston County elso included but not mentioned in transmittal letter)

“wit”

Dats

SS ar Sat ee Sm

PROCEEDINGS |e Judgment at

“14-76

-lo-74

“16-74

34238

24-16

1-24-76

28-74

lv6-Proposed plan lines of Plaintiffe-Intervenors, lante, et al (Tarrant County), C

filed (attorney, Don Gladden).

167-Corrected Exhibit 1 filed by Attorney David Richards (Wright Pitff- ee

in keeping with Court's letter of 1-14-74,

K 166)Add to proposed plan filed by Escalante, et al (A-73-CA-i15)Don Gladden, |

WR-PHTTTE Picea sctalted Beeston MEESERGY Bendel’ SESER ar Haltsrestit mt

Tarrant ai.) dueces Counties, filed.

170-Letter from Managing Judge Justice to Counsel(dated Jan. 18, 1974)advising |

proposed single-memeber plane will be discussed at hearing set for 9:00 A.M,

J 924. Opinion and order of Court will be forthcoming shortly after |

the hearing.(Alao stating Diats.@7,32,35,37.48,72 & 75 are unconstitutional)

171+ ALL NON-PARTY PLANS submitted in compliance with Onnibus Order entered eae | C

1973, filed. 11 plans submitted as follows:

4s. Dietrict #60, submitted by Joe Pentony-Representative-9 Counties)

b, District #32, " Doyle Willis,Representative -Tarrant |

c, Nueces County, vd "L. DeWite Hale

4. Tarrant County ” "Cit .cens for Reform,Harold D, Hammett,

e. McClennan County " " Lyndon Oleon, Jr. & Lane Denton,Reps.

f, Travis County = "Democrat Executive Committee |

&- El Paso County 7 " Ronald D. Coleman, St. Rep.

h. Tarrant & Parker Counties, Sub'd by-Citizens, Sherman, Hilliard & Pen I

submitted

thran,

I. Lubbock, Hale & Swisher Counties-Sub'd by- Delwin Jones, Chrmn,

ithe House Redistg Comm. & St. Rep. McAlister, Member 63rd Session.

wf! ———d. Jefferson County-Dist. #7-Submitted by-Committee Chrmn,Ndson,

Brocato and Weber.

k. Lubbock County-submitted by St. Reps (Dist. 75) McAlister and

Tarbox.

1. Labbock County, Submitted by James E. "Pete" Laney, representyv.

m. Travis County Map Plan, submitted by a

Austin City Pian, submitted by Hu |

172. Revised plan for Rep. Pitffs for El Paso County, titted (one census tract only).

173. Proposed Single-Member Dist. Plan for El Paso County, Tx, submitted by |

Atorney Korbel, filed.

174-Letter dated Jan. 23, Judge Justice, regarding unsealing non-party plans.

175-MINUTES OF CIVIL PROCEEDINGS, FILED. Hearing on proposed plans for single-

member districts for #7,32,35,37,48,72 and 75.Testimony begun on Tarrant C

Co. Pitffr Wright & Moreno adopt Pltff Escalante plan for Tarrant Co.

Gladden Pian submitted. Pitff Gaskin Plan submitted. Republican Plan

submitted. Deft, State of Texas Plan 2 submitted. Testimony re Tarrant

Co, concluded. Arg: ents presentd. Atty. Gladden argues for Escalante

Plan; Atty. Bonner argues for Gaskin Plan; Atty George argues for Repub-

lican Plan. Moreno, et al announce support of Gaskin Plan. Ass't

Attorney General York argues for Plan Z.

Testimony on_Jefferson County Begins: Pitffs Wright testimony presented

and concluded. Republican Testimony began & Concluded. State of Texas

Testimony began & concluded. All parties waive argument on Jeffrson Co.

: All Pltffs announce agreement upon a plan. Tom Moore,

Rep. from McLennan Co. submits plan of McLennan Co. Commissioners. (Exh #)) C

State had not adopted Plan & p d no testimony. Repub. presented no

testimony on their plan.

Travis County: All parties Pitff announce agreewent on Plan. No testi-

mony presented on Republican Plan. State of Texas submits copy of Comm'rs Co.

Precinte.

Proceedings continued.

RYT O L

vive

Redistricting case)

CURITS GRAVIS, ET AL V. BEN BARNES, ET A

A-71+CA=142 (Consolidated with A-71-CA=143

D C. 0A Rev. Civil Docket Costisustion

Tes

» 164 & 145 and A-73-CA-115, 146 and 15)

Aide

() 1-28-74! (Docket #175, cont ined)...

(cont'd vee

(from previous page)

tAll Pittf Parties Announce no testimony to present.

Pitffe Wright & Morena join in adoption of « plan

Republc'n Pl@: + no testimony presented; State of Texas testimony begun,

Moreno (Pltt./ argues for Pletf parties’ plen.

| tAll Pitff parties announce adoption of Coleman Plar

(submitted, non-party)Republican-Moreno Plan is withdrawn, No Plan sub4

mitted by State of Texas for £1 Paso County.

: All pleff parties announce adoption of Mexican-American

Legal Defense Educational Fund Plan(Korbel. Attorney), State of Texas

announces adoption of M.A,L.D,E.P, and Hale Plan(submitted by L.DeWitt

Hale, non-party). Pltff's present rebuttal testimony for MALDEF Plan.

Mr. Korbel argues in favor of MALDEF Plan. Republican Plan had no

testimony to present. |

All Pleffe Rest, State of Texas Rests,

Dave Richards, attorney for Wright-Intervencre stipulates 225 hours

of time put into case #ince Order on Remand @$40,00/hour.

COURT ANNOUNCES MAJORITY DECISION REACHED AS FOLLOWS: |

Tarrant County: Pltff-Intervenors Escalante plan adopted.

Jefferson County: Wright-Pltff Intervenors Pian adopted.

McLennan County: Wright-Interventors Plan Adopted,

Travis County: Chapman-Wright-Pltff Intervenore Plan adopted.

Lubbock County: MALDEF Plan adopted.

Ei Paso County: MALDeF and Coleman Plan adopted.

Nueces County: MALDEF Plan.

Judge John H. Wood Dissents® and will file Dissent Memorandum Opinion

by Noon, Friday February 1, 1974. |

wity Opinion filed Jan,28(hearing date). |

urdered that filing deadline with County Clerk be restored to Feb.4'74, |

1-28-74 176. OP INJON AND i to Judges and Attorneys.

1-28-74 177. Belaat peedere ° Rapbberh 3s LUIS Pha add a ‘and Attorneys. |

1-28-74 178. Order rescinding Order of Jan. 8, 1974(which extended filing deadline for

candidates for Houseof Reps. of State of Texas to Feb.28)and restoring

| Feb.

4, 1974, deadline. Copy to attorneys, Judges, affected County Clerks,

i. | Party Chariman LaRaza Unida and Democrat & Republican parcies. |

1-10-74 #179-Order entered signed by three judges authorizing payment of $2,133.00 to

Court Reporter for hearing transcripts(Hearing of Dec. 3-5, 1973)

1-28-74 180-Witness list, filed.

1-28-74 18l1-Deft,State of Texas Exhibit list, filed.

1-28-74 182-Wright Intervenor-Pltff Exh. Lis t filed.

1-28-74 183-McLennan County Commr's Exhibi’/filed(Plan)and Escalante-#26 & 27

1-30-74 i84-N » to Supreme Court of U.S, frem Memorandum Opinion and Ordet

entered Jan, 28, 1974, filed. Copy to 3 Judges,Clerk,U.S. Supreme Court.

1-30-74 185-MEMORANDUM OP INION AND ORDER (DISSENTING) FILED. (Judge John H. Wood)Copys ald.

1-30-74 186-TRANSCRIPT OF PROCEEDINGS MEARD DECEMBER 3-5, 1974, VOL 1,12 & Ill, filed.

(G: iginal and One copy filed.)

“-™ 25-76 | CLOSED-

/ |

2-97-76 | 187-Certified copy of Supreme Court Order(Justice Powell)staying execution and

enforcement of District Court Judgment Order dated Jan. 28, 1974, pending

further Order of Supreme Court, filed. Copy to attorneys.

2-15-74 | 188-Letter from Clerk, Supreme Court advising,"The motions to vacate the stay

heretofore granted by Mr. Justice Powell are denied. Mr. Justice Douglas

dissents, filed,

2-21-74 189*Letter from Ass't Atty. Gen. advising Clerk unnecessary to transmit Case |

file to Supreme Court unless requested by Clerk of that Court, fited.

7s a

Date PROCEEDINGS Dale Orde

| Judgment

190. RECORD OF PROCEEDINGS, ORAL HEARING ON PRESENTATION OF PLANS HEAR AT AUSTI’

JANUARY 28,1974., filed.

191. MOTION FOR RELIEF FROM JUDGMENT filed by Attorney for Intervenors Charles

Wright, et al. Comy to Judges.

4-23-1975

7-53-76

CIVIL DOCKET SA

UNITED STATKS DISTRICT COURT A 71 CA 1438.

: Jury demand date: TR- 5386 Tyler

D. ©. Pere Ne 166 Rev.

‘TITLs OF Case | aTTonnere

. For plaintiff: Tony Korioth ee

rr rom

sRavid BR. Richards

—SE ee

a: Fe Robart &. Hai b

Alva.

3210 Holean Ave.

: "7 22004

For defendant:

Wilifem Wayne Justice 597 93827

Staff Legal Asst. P.O Box 12548

Capitol Station, Austin 7871) 00

‘ Federal _

,avings Bldg., Dallas /520) 247 1582.

EN FR A ec alsWalter L. Irvin

OL N.Market,Dallas 75202. 7242 1631)

2am John H. Wood, Jr. 224 275) st Cleo Steele, 2818 P

P.O. Box 2616 San Amtonio 78296 _] 2401.

QS ae

Ed Idar,Jr.,319 Aztex Bidg.,211 E.

Commerce St.,San Antonio 78205

Frank Hernandez, 300_ Southwest Bldg.,

THREE-JUDGE

= —Dalias 75202

Dr.Geo.Willeford & Fene Diedrick: R. James Gex

orge Jt. | ee

Box 98,Austin 78767

“Dick Reed, et a1; Clover & Stanford, Rona

+—hs Clower, 1212 San Jacinto, Dallas 75202

Samuel G. Kail, et al: deem

STATISTICAL RECORD coers | pate a4 2 f| REC f Due

» i i T i = r

_4S. 8 mailed f= £57 Clerk ' 3422 Sam McDaniel ' $00.4

nimi nt t + > are

- = +44 —-

JS.6 mailed 2.-/- 727 Marshal i i I i

ais : - — =e

stand, BA. Zs ft » —_ =_— +

__Basis of Action: Se Docket. fee I ‘

Constitutional Rights, amen H- et a ia

challenging apportionment Witness fees 4 Seika

tans-ftor Heuse-of-Rep ° + + es ee ee a

Picton arose at: Dep | ; ie i a L

ae f . ee i —j—_+ $— —»-___

+ we ¥—$ $$ —______—

a | | Ss =

iaiiaaoeie Ra ot ER. Went SS

Se Laked .

A2-b2=22

1d-a?-7h “oot ion ke Ghansa Venue andtor Gonaslidat

2- A? 2h tae ene inal Anan ho Complaint and Complaialsaiataryens tes Sosse 7

erotics a pic Executive aot

_ dAdei2 z

‘tree!

Serer:

,2-A2-2) =

ad ‘Lie —$——— ——————— —

la-hl-2 - — EEE + =

i22k2=2) 42> . 2 Asa a2 : ; | a

i ke attya Lor both pide Tord ; < Sat wea

Chairman Of the Texas State Re et —

126- Motion £2 Taterwene os Plaintifta ‘Gc

—————— —4—

L. Allen et al) files. Copies to.————

Sudecs. ath. & Master ms

= 25. Order Graniios mot ion tol ae iGeoree Allea.st al) filed Copies to—4+—

i tusees. Attyve al A cord » Beaker ath. — -

= » » * Come laiat al inn ah ald. filed. Copies to Judges,

& Master. ath.

+—_——

” yD. can of Pre-Trial "7 tiled — -~

ment =

Cecies to Judges peeve of Becord A Maater ath. See paper # 12 Aa2i-CAai42-

pec eRe Cweth Darbar Conttamnnes - pene — -

cave PROCEEDINOS | Seo

__—,,, vs casi ee |—$—

12-22-72) U- Oath of Special Mester, {Lied. Copies to Judges, Attys of Record & Mester, a

™ ; eth, For Original see paper e1e, A-71-CA-142. 4

me. Ja-_ Order dy Special Mester Calling for Piling of Alternate Plen(®), filed. _ eae

= ocdar ty #oneAal MaS09y of taceed e mecter.. ter Peres @ 87 O91 - | i —_—

— __ original. anna o- 22SEC —————

3a Order by Apeciel Master Setting pracioaring Conforense, tise. copies 58 ———— at

— — pees attys . Se @ WB, An7i~Ga-242 for_Or ——

322 rate Bott's. Motion to Reconsider i rgpociol Macker, Ess ———— ——

ommeemnn Copies te Judges & Master, Xb: oar A Ne ta rn ar ace

i 33- Deft. Orr's Ojections to the appointment of Special Master, filet, Copies, _ __——

——EE— to Judges & Master, eth. a PES ¢

= | Se- Deft. Orr's Brief in Support of Motion to Reconsider & Gdjections, filed.

™ —T _Sopiea Judges 6 Master, ath. | : a pes

Laas State Bette’ Motion in Opposition te Order Appointing Special Nester, a

: _ ea to Judges & Neoter, Eth. MES = ae a se

4 3ye- =Seete Dette’ Supplemental Mesorandue of authorities in Support of Defte’ *

ee ~ motion in Opposition ce Appointing Master, filed, Copies to Judges & Mester, eth.

42-20=2)__39-—_Stete Dette’ Request for Discovery, filed. ~ ene

= | 40- Order Setting aside Order Appointing Mester & Setting Schedule, tiled. .

= ~ Qrempe vo Judges @ Attys of Records OOO. oi ie A ae a

8 ey ee Order allowing dotervention by Tom Crouch et el in A-? -Ga-)e4, Filed. a ae

a Copies te Judges & attys of Record, eth. -

* __| 42-__ Geepense of Realined Pit®,, t@ Request for Admissions (Rule 36), filed. H

me Copies to Judges, ath. net aa

2-29-1-, &}- _Gnnidus Order, tiled. Copies te Judges & Atty® of Record, #tD- i

am 4- Answer to Request of Discovery bY Intervesors Keil et el, filed. Copies

es. - _to Judges. eth. eee

ee aAnever to Request of Discovery by lntervenors Washingtom et al, filed. |

‘ i Copies to Judges, eth. f

eS Response of Pitts’. Willetord & Diedrick to Defce’ Request for Production |

es of Documents, filed. Copies to Judges, ath.

= 4?- sponse of Pic, Willeford & Diedrick to Defts" Interrogetor tes, filed.

q Copies te Judges, ath.

32-30-71, 48 _Pleioriit’s Respoases Co Request pursvent to mle 3. filed. Copies to

- + Jutgea, arh.—

Vgogbadd »-AS>-Raadeeett’s Response to Interroget or ies, filed. Coptes te Judges, eth.

~- 1» Pleintitt’s Response to Request for Admissions, filed. Copies te Judges. >

.- Si-__Pheantift's esponse to Requests for piecovery, filed Copies to Judget, eth.

4-3-7224 -S2- Order for payaent of daily transcript to reporter filed Copies given to rt

4 all judges aod copies ewialed to attys fo both aides ‘

h-2-722 4,_33- Pre-Trial Oder filed Caples to Judges :

1-3-72 | Trial Brie! of wett Rey Orr. Ghairman of the State Democratic nee ——

‘ Committee filed Copies to Judges — I

al i-}-?2 | 35- Trial Brief Submitted oo Bebalf of Beoudilicaa lntervesors files ———

ss Bae .- Trtel Brief for pitie Dr. George Willeford & Geos Diedrich filed + -

i-3-72 4 3?- Memorandus Triel Brief for Joe J. Bernal, et i, Jotervesors files ——— ————

1-3-72 | 3- Interrogator ies tiled .

- \-3-72, $9- Tetel Brief filed : —_—s —

1-3-72 , €0- Motion for Diemiesal oF tro Judgmeat filed eS ae

1-3-2722, Si: Pre-Trial Memorandum Brief filed +

set 62- Pretris! Order filed — .

i $}- Record of Proceeding® Hearing oD Pretrial Conference held 12-33-73 44104

i - (see copy 1® a-71-CA-142) ‘ * RRS

_j-4-22_ 4 i> Record of Proceedings Hearing on Final Pretrial Conference bold 12-313 22 ——————

S| filed _ (eee copy An A-7i~GA~142) . EE

__@5=— Deposition Bod Armstrong (originally filed 1-3-7272) (eee in A-24-CA-142)

$e- Deposition Ben Barnes (originally filed 1-3-72) (ese in A-71-CA~Aa2)

+ 9~ Bepostt ton Gus tutcher t=3-?2) (eee sanedlon am

Peary eee La el ry aU en ea

..29-_Bacord Vols 1,2,3,4

105 Oval D ana of Ceaufard C. Martin (originally filed ~3=22)-(see-ia

le 2A-22

annum a. Plate 142). _

___ Ln 2222.4

—La2BeI2,

anda —]

Join bepasition Robart Calvert (originally filed {ndo18) lose an Andi-GhndA2),——-

. 1O2=_ Oral Deposition Robert Spellings $249.25 to be pd_by Pitt) filed *

2.18.32

Tin ieetce nf Appesl_to the Supreme Courtof the U.S. im Civil Ar?1-CA-245 filed

Y jade Notice of Appeal to the Supreme Court of the United States Preston Smith,

Ge of Texas, Bob Bullock, Secty State of Texas, Roy Orr, Chairman, ____

tive Committee & Texee Legislative Redistrict ing

Board. ed of following officials of the Skate of Texas: Ben Barnes, Lt. ,

Speaker of the House, Bob Armstrong, Commissioner of the.

General Land Office, Robert S..Calvert, Comptroller of Publ

s, & i

‘Attorney filed Copy certified mailed to U.S. Supreme Court.

cunt of Austio Natl Bank be transferred os

"eecount with the Treasurer of U.S. Ordered ._, ___

Blair) returned, filed. ___ ae

_appeal bas been +

original papers in Bn2i-CAn1b3;A--71-CAr144; and

under separate cover sailed to u.S.

3 t

Johnson, filed. (iic.) eee

of Mark Eisber, filed. = (ii?) rs

Dec 8/22 | Feb. 28,1972 - Deposition of Eamett J. Conrad, filed... —- cule) a

Dec 8/22 | Feb. 28, 1922- Deposition of George Boch. filed. 4i9) é

— Peb. 28. 1922 -Deposition of George A. Limwrman, tiled. (120) a

nec A122, Beb. 28, 1922 -Gepoaition of Zac Wesley Holmes. ——

wwe £22 | Reb 28, 1922 -Anamers and Deposits of David M. McNeeley, filed. (122)

.- 22-23 —“'EE IT3-Motion oF Specter Waster —tttets—copy ted sedges : =

2-2%-23 12 Order granting 4). $00.00 George Schataki, Special Master Hea — i a

21-22} -223- 2 ards, Attorney for Pleint itty. tie

Copy to Judge Roberts. OVER Continued .

a 7TL-CA=163

= eee Soe — erases <2 ~- = =

—

mare | PROCREDINGS beeen

CTIIT_, T= Transmittal letter and slip “opinion from Supreme Court filed.25 daye until I ccnieipeta

the Judgment or mandate will tesue, fid.

“Fe2-2) _|da?+ Judgment from United States Supreme Court (Certified copy) £18.AtEirees tn

; part and reversed in part; to the U.S, Diet, Court for Weatern Rist.

See | : ot Tauaa for_fur thar conformity with the opinion ef Suprema, __.

Court Copy te

; ‘ = SS

-- SA2> l28- Brief rding Further Iseuee to be Determined by the Court Subattted by ‘

- ” | ss Dalise Republican Intervenore(Seme! Keil, Et al), Filed. Copy to Judges TD _

(Dalles Repubdlicans were Intewvenors in A-7\+CA-143 and 144). if

| A29-Order entered by Managing Judge Wayne Justice setting trial date of DEC. #, |

j (1973 at 9:00 a.m. at Austin, Order aleo grants all petitions for interventian

} pending before the panel.

10-18-73 | 130+ Motion to Intervene in A-71-CA+142)63)44 S145 only by Rosa Maria Gonaziez, Moreno. _

et al(one copy only filed in A-?1-CA=142 Instr. @10P)(Legel Defense Fund) at

JUc18-)3 131+ Motion to Intervene filed by Collis &. Cannon & Cleveland Nisby(ell 7 cavepy

= <+ Dave Richards, attorney-filed in No, A=71*CA*142, 2 rea

“[ive-7T | _la2-taterroge to Dette, fild by Plttf-Intervenore Charles Wright, et el(filed in

inn a A=? 1-CA=142) am as piace |

TI-13- 24 _A33- Order eecting Now. 26 for driefe to be Liled. Copy to attorneys 6 Judges,

ine (ee OT” CS a or S lcemeniah

Liri3-79 1}4- Interrogs to Defte filed by Pitft Dr. Willeford & Pittf Intervr. Franklin

~_ Ry Sears (filed in A+71-CA-142) Waitt AVE OTE HER

Li-2- 2p. LUS$- Motion to dismiss suit against Roy Orr, Chrmm of St. Democratic Exec. Comms

- | as improper party; if not dismissed, this Committee adopts all pleadings 5.

briefs of Secy of State, State of Texas, Filed @ A-?i-CA*143 and A-?1-CA~

H 144)Placed in a oe are

1-7-74 | LM- Letter signed by three Judge stating Pitts Intervenors proposed

ST redistricting planadue 1-12-74 & Deft 1-18-74 (see paper A-71-GA-142)

10-4-73

Order signed by three Judge granting deadline for all candidates for

MH representative to 6:00 P.M, 2-18-76 and county chairmanto 2-28-74 to get

! list county clerk (see paper A=71-GA+142) |

__ Ae AL-24, AOR> Legislative Redistricting Plan and Supporting Brief of Pitf.-lntervenora .

. ‘ pry ghia, fs al District 32) filed (eee paper in A-21-GA-142 .

1TH = Prop Plane of apportionment for Nueces 6 ludvock filed (#ee@A-71-GA-142)

1-11-74 160 Proposed plans of apportionment for . ..:Galveaton,Mclennan & Jefieraoa .

a i filed (eee A-71-GA-142) . ee

TEL-76 [141- Proposed legislative district plan Travia County tiled (see A-71-GA~142)

i ”

+ (See G6Cket ShEST A7ISCA+1R2 for all docket entries during rehearing ’

‘

i , Majority Memorandum Qpinioa and Order (Judges Justice and Goldberg) filed.*

1-28-74 | FINAL JUDGMENT ORDER PURSUANT TO MEMO. GPINION, FILED.

3-35-78) hosed ss eg 7 ISN LI

#Ninority opinion Cudge John F. Wood, dissent ing) Tiled fh A+71-CA-162 ontyy °

STIS N142- Supreme Court U.S. Order that the Court has -PROBABLE JURISDICTION

A-?L-Ga- LET 186 & A-73-CA-1LS filed

STQPrE | vn 7 ap Gor aaa ® on e “ poy ' OTHER canner year "%

Soresau Bares Wfrk Ae~)-CA-147.J23, 140

2 73 | 146 oh fn s| “ | x lio

*(end A-73-CA-§15 & 155)

. PLAINTIFSS

side eel 73th i$ 61.

MARK WHITE

pe DOLPH BRISCOE

rvenors: Aon y

Dave Richards

Richerds & Clinton

600 W. 7th Street

Austin, Texas 78701

Larry F. York - let Assistant A.G.

ATTORNEYS

Norman M. Bonner, Jr.

Suite 836 - Baker Building

7th & Houston, Sts.,Fort Worth 76102

George Martinez Suite 934-555 Griffin Sq, Dalles Tex S8Sh}" Te***

Jack Greenberg, 10 Columbus Circle, NY 10019

Gharlee £. Williams III, 10 Columbus Circle, NY 10019

CAUSE

28 USC section 1343(3) & 42 USC 1983, etc

Motion to consolidate with A-71-CA-142 through 145, 3 Judge: Hon. Wayne Justice, Isving T. Goldberg

Joha W. Wood, Jr.

Elizabeth B. Levatino-Spec.

Capitol Staticg #12548-P.0. Box)

78711

Assistant Ag

are lee, Joages 4

- FILING FEES PAID JURY DEMAND

7 — | —~"are 5 aa RECEPT NUMBER | €6 Noween ae se aes

_ oo

ASE was + Ang 171823 Norman M. Bonner. Jr ae - LJ aw iJ

som _ 8-26-73 i = C.D.20) #10 25 poate

Statist ca, cases

PERS oT +

q am Pe caro DATE Mant

oa | RENEE ss JA 2P

i se -/-

_ t—— — meee

if i

LED SILALES NST R Ml 7 Rew eet jece TE?

pate PROCEEDINGS a

8-17-73 | 1. Complaint filed.

8-17-73 | 2. Motion to Consolidate (with A-+71-CA-142,143,164 6 145), filed.

8-20-73 Summons iseued. Summons, 285, Complaint and Motion to Consolidate to

Marehal for service. (and Autherities in Suppo rt of Motion)

8-17-73, 3. Authorities in Support of Motion to Consolidate, filed.

8-23-73 | 4, Summone re/ex- of State-§/20/73-Atkieon, DUSM $3.00

§-23-73| S$. Summons re/ex-Gov'r of Tenae?B/20/73-Atkison, DUSM 3.00

9-10+73 | 6. Amended Metion to Consolidate, filed. (with A+7l+CA+162,1463, 146 & 145).

9-10-73 | 7. Motion for Extension of Time to File an Anewer filed by Defte.

9-12-73 | 8. Order extending to 10 days after pltffe file let amended compt. copy

to attorneys.

9-27-73 Copy of Motion to Consolidate, Complaint and Amended Motion to Consolir

| date to Judgee Goldverg, Justice and Wood, Jr.

9-28-73 | 9. Order CONSOLIDATING with A-73CA=115 and 155 & A-71-CA=142,163,164 & 145

(John R. Brown, Chief Judge, Sth Circuit). Instrumente docketed from this

date on A-73-CA-115) Letters re thie order are in thie file. (for hearing

1O-6-73 10. @edet entered by Managing Judge Wayne Justice setting consolidated trigl

date of Dec. 3, 1973 at 9:00 a.m. at Austin, Order also grante all

petitions for entervention pending before the panel.

0-19-73 Ll. Motion to Intervene filed by Collie E. Cannon & Cleveland Nieby .(In all

? cases) Dave Richards Attorney-filed in A-71-CA-142 (#108).

(0-25-73 | 12. Plaintiff's Amended Complaint, filed. Copy to Judges.

10-25-7) 13. vets 'e Original Answer to Amended Complaint, filed. Copy to Judges

il-6-73 | 14, Interroge to Defts. filed by Pleff-Intervenore Charles Wright (file-

j im A-71-CA-142)

Li-13-73) 15. Order setting Nov. 26 for briefs to be filed. Copy to attorneys &

| Judges (filed in A-?'-CA-1462)

LL-15-7} 16. Interrogs to Defts. filed by Pltff Dr. Willeford & Pitff Intervr.

Franklin R. Sears. (filed in A-71-CA-142)

1-7-74 | L?+ Letter signed by three Judge Pitfs & Intervenore have 1-12-74 &

Ret | - deft to 1-18-74 (see paper A-71-CA-142)

«Qe | 18-

-11-74 [19 Legislative Redistricting Plan & Supporting Brief of Pitf-Intervenors

Gaskin, et al. (Legislative District 32) filed See paper A-71-CA-142

Order by three Judge filing deadline for representatives 6:00P.M.

2-18-74 and county chairman 2-28-74 to get |:et County Clerk(see

paper A-71-CA-142)

i-L1-74 2@- Proposed Plans Lubbock & Nueces (eee A-71-CA-142) |

1-11-74 21- Proposed Plans Travis Co (see A-71-CA-142)

l-Ll-%% 22- Proposed plans Galveston, McLennan & Jefterson (see A-71-CA-142) |

SEE DOCKET SHEET FOR A-71-CA-142 for all docuemants regarding rehearing

held January 28, 1974) }

1-28-74 Majority Memorandum Opinion and Order (Judges Justice and Goldberg) filed.|

(Minority Opinion (Judge John H. Wood, filed in A-71-CA-142, only)

1-28-74 PINAL JUDGMENT ORDER PURSUANT TO MEMO. OPINION, PILED.

1-30-74) NOTICE OF APPEAL, FILED. Copy to Judges & Supreme Court Clerk. |

225576, | 2 FLOSED . JSR CARD MedSze u.S. hae PROBABLE JURISDICTION filed

(A-71-CA-143, A-73-CA-146 & A-73-CA-115

xvii

— eee aaa ss

omens va — ao. GAY YEAR “na ° bd Po} s “Ohan camare year sag sa

CONSOLIDATED :| A=71-CA4142,143,144 & 145

S421 73 | «155 8 73:43 1 210 3 153,

PLAINTIFFS @ A-73-CA-146)

wee Me 73 Ch 15 S_h

wanda 1. chapman, elvica Castro Mark W. White, Jr., Secretary

Volma Overton, Exell Green, of State of State of Texas

Ola Mae Hicks, James Sheard,

Katherine Mthis, Milton Gooden,

Joe Mitchell, Clarence ©. Williams,

Intervenore; Collis E. Cannon & Cleveland Nisby:

Atty: Deve Richards, 600 W. 7th St., Austin.

Dolph Briscoe, Governor, State of

Texas

ATTORNEYS

J. Phillip Crawford Larry F, York, let Assist. Atty Gen.

P. 0. Box 6277 Elizabeth B. Levatino, Spec. Assistan

1606 Best 12th St., Austin 78762 P. 0. Box 12548

3 Week-Reb a 6m tes Austin, Texas 78711

& Roverte;

Judges (William Wayne Justice, Eastern Dist. of Texas

trving L. Gold ll

Saat coca eS” geal ess GUESULE, cause

Civil Rights Suit 1983 challenging

votere districtey3 Judge Court requested.

with Order of Consolidation with A-73-CA-115-Escalante v. Wh

Aas 5 + AS Complaint, filed.

Summons issued. To Marshal with 285 and Complaint (2)

9-5-7273 2. Summons ret/ex-Sec'y of State served-8-28-73-Atkison DUSM $3.00

9-5-73 3, Summons ret/ex-Gov. Drisco served-8-28-73 ” ” 3.00

9-17-73 4. Defs' Original Answer to Complaint, fild.

9-21-73 5. Order entered by Chief Judge John R. Brown, Fifth Circuit Court of Appeals, Consolidat

his case wit As TR ECA-1S, Eecalante, et al v. White, et al. Copy to attorneys.

‘opy in A-73-Ca-115)

9-23-73 6. Deft's First Amended Answer, filed.

9-28-73 7. Order of Chief Judge, Sth Circuit, Consolidating this case with A-73-CA-115, 155 and

A-?1-CA-142, 143, 144, 145, Filed. copy to all party attorneys. (for hea inggody)

10-46-73 8 Order entered by Managing Judge Wayne Justice Setting trial date of Dec. § F355 at

9:00 a.m. at Austin. Order also grants all petitions for intervention pending before

the panel.

10-19-73 9. Motion to Intervene filed by Collis E. Cannon & Cleveland Nisby-in ali

Dave Richards attorney-(filed ia A-71-CA-142 #108).

11-6-73 10. Interroge to Defts. filed by Pltff-Intervenors Charles Wright et al (filed in A-71-CaA-

11-13-73) Ll. Order setting Nov. 26 for briefs to be filed.

11-15-73) 12. Intewroge to Defts filed by Picffé Dr.

(filed in A-71-CaA-142)

? cases)

Copy to attorneys & Juges (fid in ”

Willeford & Pltff Imtervr. Franklin R. Sears.

1-7-76 13. Letter signed by three Judge Pitfs & lotervenors have 1-12-7466 deft 1-18-74 cto get

any proposed redistricting plans (see paper A-71-CA-142)

1-8-74 14- Order by three Judge filing deadline for representatives 6:0) P.M. 2-18-74 4

county chairman 2-28-74 to get list to County Clerk (see paper A-71-ca-gee)s92 )

us ees JURY DEMAND

0 cueen Date 7 wece? KUMeER T CO Nowern rong amen oie gs

CASE w -28- Je ‘

‘cow pe — *: Spore"

FORMA

PAPERS .

wre 7

pate PROCEEOINGS memes et ee

“11-74 15+ Legislative Redistricting Plan and Supporting Brief of Pitf-Intervenoge

Gaskin, et al. (Legislative District 32) ‘iled See paper A+71-CA4142

1-11-74 16+ Proposed plan Lubbock & Nueces (see A-71-CA~142) ’

1-11-76 17+ Proposed plan Travis (eee A-71-CA-142)

L-11-74 18+ Proposed Plans Galveston, McLennan & Jefferson (see A-71+CA-142)

1-28-74 MAJORITY MEMORANDUM OPINION AND ORDER (Judges Goldberg and Justion,filed.®

oe NBR bg WONT gS acs SOs aA Capt Babine court clerk.

*Dissenting Opinion (Judge John B, Wood) filed in A-71-GA=142)

xix

AB WLM - (#2, VEBLY E70 Lf

CIVIL, DOCKET

UNITED STATES DISTRICT COURT

DC Ferm Ne 198A Ber.

Jury demand date:

a a

CoaSsehdp7ed “27. rhsee. -

TITLE OF CASE

FRANK A. ESCALANTE; FRANK MOORE ;

JOHN DILLARD; T.R. DILLARD; MARY L. DILLARD;

WALTERS ;

MYRA N. ROBERSON; GEORGE £.

CAROL N. WALTERS,

Plaintiffs

MARK WHITE

Secretary of State, State of Texas

DOLPH BRISCOE, Governor, State of Texas

_2:SSDGE_ REQUEST ED - Granted 7/17/1973

Honorable Irving L. Goldberg

Rm. 13-C-6 U.S. Courthouse

1100 Commerce St. Dallas 75202

Honorable Williem Wayne Justice 5397 9387

P.O. Box 3 Tyler, Tex 75701

Phen wepd 5 by order 7/2

214 749 3514

WOQ fA a

4 Wes

¢ ai a ey

ATTORNEYS

For plaintiff:

Don Gladden

Marvin Collins

Art Brender

702 Burk Burnett Building

Port Worth, Texas 76109

Fox _latervenore: (Collis E. Cannon & Clevela

Nisby)

Dave Richards, Attorney

Clinton & Richards

600 West 7th Street

Austin, Texas 78701

For defendant:

John L. Hill

Attorney General of Texas

P. O. Box 12548

Awetin, Texas 78711

| Mire. Elisabeth B. Levat.no , lot Amst Atty.’

T 7 ;

STATISTICAL RECORD | costs Spats | phAME OB | nec DisB

7 T T -

J3. 6 mailed F.1-7F | Clerk (6/18/ en a a

\ i

: i )6-23-73 C.D. 201 #65 1$.00

5S. 6 maiea F “~ 7% pean t .

Basis of Action: { Dechet fee

isth Amendment Equal Protce-

tion Clause-28USC 2281 2284 |

(3-judge) and 1983 Witness fess

Action arose at } Depositions

Terrant County, Texes

-Xx

eee eo)

DATE PROCKEDINGS Pont ag

ae Z +

6-18-73) | 1L. Original Complaint filed. |

6-18-73 | 2. Motion to Consolidate (With A-71-CA-142, A-71-CA-143 & A-71-CA-164 &

| A-71-CA*145 under Rule 42(a), filed.

6-18-73 | Summons, 285, Complaint & Motion to U.S. Marshal for serv ce (é Auth. in Supp pf Motior

6-18-73 | 3. Authorities in Support of Motion to Consolidate, filed.

6-21-73 4. + Summons ret/ex-Auth. Agt. for Gov. Briscoe served-6-19-73-Fisher DUSM $3.00.

6-21-73 $. Summons ret/ex-Auth. Agt. for Sec'y St of Tex served-6-19-73 $1.00-Fisher DUSM

6-27-73 6. Letter from Judge Roberts to Judge Brown(Chief Judge, Sth Circuit) re

| determining if thie case is 3-judge and whether or not it should be consolir

| dated with Graves v Barnes (A-71-CA=142, 143,144,145).

7-5-73 | 7, Exhibits to Original Comp iaint (inadvertently omitted) filed. Copies to Gov.

| and Secretary of Siate.

7+9-73 | 8. Motion for fxtention of Time tc File an Anewer, filed.

7-12-73 (9. Order granting gefe@ Motion for extension of Time filed Copies mailed to

| attys of record

7-17-73 «10. «=Order norable Irving L. Goldberg, U.S. Court of

—— | Appeals, acuit a orable William Wayne Justice and Honorable

Jack Roberts, filed, Copies mailed to all Judges anc attys for both sides

7-23-73 ll- Deft's Original Answer Mark White & Dolph Briscoe to Complaint filed

8-7-73 12- Motion to Intervene filed by Charles Wright, Eddie Humphrey, David 0. Green,Sr.

Alfredo B. Jaimie, R.G. Halliburton, Raymond Scott, Oscar Sanchez, Louie

Rosales, Edmundo Castillo, & Johnnie Henderson(Dave Richards, attorney) P

9-5-73 13- Motion to Intervene f'led by Franklin R. Sears, Rev. C.A. Holliday, Alan Mc-

Neill, Walter S. Smith, Jr., Harrell Z. Browning, Vincent Kemendo, Williams vb

| C. Davidson, Jr., Joe Summers, Jr and C. B. Garcia, filed. copy to Judges.

9-21-73 | l4- Order entered by Chief Judge John R. Brown, Fifth Circuit Court © Appeals,

| _consolidating A-73-CA-155 with this case. Copy to attorneys. (for hearing only)

9-28-73 1S- Order entered by Chief Judge John R. Brown, Fifth Circuit Court of Appeals,

consolidating A-73-CA-115, 146 ana 155 and A-71-CA-142,143,144 and 145-copy

to actorneys in all cases. ( keting wil nth A-73-CA- ase)as

well as filing of instruments) (for hear ng only

10-4-72 16 Order entered by Managing Judge Wayne Justice setting consolidated trial

date of Dec. 3, 1973 at 9:00 a.m.at Austin. Order also grants a.1 petitions

for intervention pending before the panel.

10-19-73 1?. Motion to Intervene filed by Collis E. Cannon & Cleveland Nisby (in all 7 capes)

Dave Richards, Attorney-filed in No. A~71-CA 162 (0108) |

Aran’ ic a * pee Fite ~ pat fire ~. eas ae to Judges.

11-6 .3 19. Interrogs pense Fifea SY, FePc Per enore lattes vk ight et al(filed in

A-71-CA-142)

Ll-13-73 20- Order setting Nov. 26 for briefs to be filed. Copy to attorneys & Judges.

Listee73 2o-anGhakad ote bpthnPhOM PY, Felix MeDepalds fit Ora MS Wed aateree. "Peankt ia aes

cae ic (£41 ~21-CA-

sioginry ire ROAPESEGH MRAM AEE GR core (isd. Rudi Zen ksTeayece: Merk Mmicevesel

11-27-73 23- Oral Deposition of Betty J. Fischer, filed (with exhibits)

11-27-73 24- Oral Deposition of Joyce Wendell Sifford, filed (with exhibits)

11-23-73 25- Motion for Leave to File an Amendment to Complaint(to litigate for lawful

claim for attorney's fees) with proposed Order and proposed /CBRBTSdnt att'd.

Copy to Judges.

Li-23-73 26- Trial Briet of Plaintiffs-Intervenore( Tarrant County, Dist.32)filed. Copy

to Managing Judge Wayne Justice.

i2-1-73 NOTE: ALL SUBSEQUENT DOCKETING IN A-71-CA-142-(Trial held Dec. 3 thru Dec . 5)

(sepnd hearing held Jan.28,1974)

1-28-74 27+ MEMORANDUM OPINION AND ORDER (Majority,Judges Goldberg and Justice), filed.*

Le ny 1/388- : . FRE to 3 Judges & Supreme Court Clerk.

- e.

#*( Minority opinion (Judge John H. Wood, dissenting) filed in A-71-CA-142)

-K Xr

“19° Order Supreme Court U.S. hee PROBASLE JURISDICTION filed

———$——4-

A-73-CA-L1S (continued)

A=2A-CA=143,h°73-GA=146 6 A-73-CA-115

ene

= SE

— — ee

’ —_—

— —— ———

ere eee — —

a ae —

= - — = —

Seg —_

—a ———— - ‘

te ee ee = “ -

Saneieneee: ee es

sete —— .

“ ———$——__—— — ee

— — a

PNP ER ION EI oh get rg OO YEO Were ase

IN THE UNITED STATES DISTRICT COURT

POR THE WESTFRN DISTRICT OF TEXAS

AUSTIN DIVISION

RECORD OF PROCEEDINGS

CURTIS GRAVES, [ET AL,

vs. CIVIL ACTION NO. A-71-CA-142

BEN BARNES, ET AL

DIANA REGESTER, ET AL,

VS. CIVIL ACTION NO. A-71-CA-143

DOB BULLOCK, ET AL

JOHNNY MARRIOTT, ET AL,

Vo. CIVIL ACTION. NO, A-71-CA-144

-—~S— Swe

PRESTON SMITH, ET AL

VAN iTENRY ARCRER

vi. CIVIL ACTION NO. A-71-CA-145

—~S~S— eS

PPESTON SMITH, ET AL

FRANK A. ESCALANTE, ET AL,

)

Vs. CIVIL ACTION NO. A-73-CA-115

MARK WHITE, ET AL )

VOLUME I OF 3

Pages 1 through 283

Le oe

MRS DOROTHY DAUGHERTY

yericiay COURT REPORTER

UNITED STATES DISTRICT COURT

Ty ER TEMAS 214) $93.7720

L-2-]

JAMES GASKIN, FT AL,

vs.

MARK WIIITE, ET AL

WANDA L. CHAPMAN, ET AL,

vs.

MARK W. WHITE, JR., ET AL

VOLUME I OF 3

Pages 1 through 283

HEARD AT: AUSTIN, TEXAS

ON: DECEMBER 3-5, 1973

— wee ee ee

CIVIL ACTION NO. A-73-CA-146

CIVIL ACTION NO. A-73-CA-155

MRS DOROTHY OAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS

214) $93-7720

“2

L-3-/

RPPRARANCES.

HON. DAVID E. RICHARDS

Clinton & Richards

600 West 7th Street

Austin, Texas 78701

JSCAR MAUZY

8204 Elmbrook Drive

Dallas, Texas 75247

ATTORNEYS FOR INTERVENORS

CHARLES WRIGHT, ET AL

HON. R. JAMES GEORGE, Jk.

Graves, Dougherty, Hearon, Moody & Garwood

Austin National Bank Building

Austin, Texas 78701

ATTORNEYS FOR LOCAL AND STATE

REPUBLICAN PLAINTIFFS AND

INTERVENORS

HON. GFORGE J. KORBEL

501 Petroleum Commerce Building

201 North St. Mary's Street

Sar Antonio, Texas 78206

ATTORNEY FOR PLAINTIFFS

GONZALES, ET AL, AND

INTERVENORS MORENO, ET AL

HON. J. PHILLIP CRAWFORD

P. O. Box 6277

Austimn, Texas 78762

ATTORNEY FOR PLAINTIFFS

CHAPMAN, ET A’.

MRS DOROTHY DAUGHERTY

OFFICAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TERAS 214) 593-7720

APPEARANCES (Continued):

HON. NORMAN M. BONNER, JR.

Suite 838-Baker Building

7th & Houston Streets

Fort Worth, Taxas 76102

HON. GEORGE MARTINEZ

934 - (Suite)

555 Griffin Square

Dallas, Texas 75201

HON. CHARLES E. WILLIAMS, III

10 Columbus Circle

New York. New York 10019

ATTORNEYS FOR PLAINTIFFS AND

INTERVENORS GASKIN, ET AL

HON. DON GLADDEN and

HON. MARVIN COLLINS

702 Burk Burnett Building

Port Worth, Texas 76102

ATTORNEYS FOR PLAINTIFFS AND

INTERVENORS FRANK A. ESCALANTE,

ET AL

HON. LARRY F. YORK,

HON. ELIZABETH B. LEVATINO and

HON. TOM BLACK

Assistant Attorneys General

P. O. Box 12548

Austin, Texas 78711

ATTORNEYS FOR THE DEFENDANTS

MRS. DOROTHY DAUGHERTY

OFFICIA. COURT REPORTER

UNIT 0 STATES OFSTRICT COURT

TYLER TERAS 224) 883-7720 4

\-S-|

SE IT REMFMBFRED that heretofore on the ird

gay o' December, '973, before a panel composed of the

\SNOKABYP LRVING L. GOLDRERS, Tudge, U. S&S. Court of Appeals,

Fifth Circuit NONORABLE WILLIAM WAYNE JUSTICE, United States

D.strict Judge, Fastern Nistrict of Texas, and HONORADLE

Une d. WoCck, Jh., United States District Judge, Western

Yast .act of Texas, the ahove consolidated Civil Actions came

er to be heard, at which time the following proceedings were

sad

AUSTIN, TEXAS

FIRST DAY OF TRIAL

JUDGE GOLDBFRG: I think it would be really

carrying coals to Newcastle or cases, wherever

they're carried, to give the numbers and the

Styles of the cases. I think everybody knows we're

here in consolidated hearing on seven cases, involv~

ing legislative redistricting.

in accordance with my custom when I sit on

three-judge courts, i turn over the housekeeping

and managing details to the managing judge, in

this case Judge Justice, and I'm going to let him

set the ground rules that we have discussed and

MRS DOROTHY DAUGHERTY

OFFITIAL COURT REPORTER

UNITED STATES OLSTRICT COURT

TYLER, TEXAS (224) $99.7720 5

[-6-{

which have evolved in discussion with Counsel and

correspondence with Counsel.

Judge Justice, I'll let you manage it.

JUDGE JUSTICE: Thank you, sir.

I think it is in order. first of all, that

we see who is here and who represents each of the

parties.

Would the Plaintiffs in the case please

identify themselves and identify for the record

who it is they represent?

Mr. Richards?

MR. RICHARDS: David R. Richards of the law

firm Clinton & Richards of Austin, Texas, and

appearing here on behalf of the Intervenors,

Charles Wright, et al, who have filed and been

received as Intervenors in the original action,

tne Regester action, as well as the Escalante

action.

My Plaintiffs challenge the at-large dis-

tricts in each of the state's nine multi-member

districts. Mr. Oscar Mauzy of Dallas is appearing

with me in that regard.

MR. GEORGE: My name is R. James George, of

the firm of Graves, Dougherty, Hearon, Moody &

Garwood. I represent the Republican Plaintiffs and

MRS DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT &

TYLER TEXAS 214) $93-7720

\-7- |

Intervenors in this cause, ori inally Dr. George

Willeford and Intervenors Frank Sears, et al.

MR. KORDEL: My name is George Korbel. I

am with the Mexican-American Legal Defense and

Fducational Fund. We represent the original

Piaintiffs Gonzales, et al, and the Intervenors

Moreno, et al. We're appearing in all thse cases

except for Jefferson County today.

MR. CRAWFORD: J. Phillip Crawford, and I

represent the Plaintiffs in an original action,

independent proceeding Chapman versus White, which

has been more recently consolidated. Our interest

in this proceeding is limited to Travis County.

MR. BONNER: I'm Norman M. Bonner, Jr.,

of Port Worth, of the firm of Mitchell & Bonner.

i represent Plaintiffs-Intervenors Gaskin, et al.

Our interest is restricted to Tarrant County. This

is my associate, Charles Williams, of the N.A.A.C.P.

Defense Fund, New York; George Martinez, Dallas,

Texas.

MR. GLADDEN: My name is Don Gladden. I am

here on behalf of Plaintiffs Frank A. Escalante

and others in Cause No. 73-CA-115. They are also

Intervenors in the original suit heard in this

Court. I am associated with Mr. Marvin Collins of

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TEXAS (214) $93-772)

bet

my office who will be here also in connection with

that case. Our primary concern is the Tarrant

County multi-member district.

JUDGE JUSTICE: These other gentlemen that

are there with you?

MR. LEWIS: Gibson Lewis. I'm a witness for

the State.

JUDGE JUSTICE: Does that take care of all

the Plaintiffs and Intervenors?

All right, the Defendants?

MR. YORK: Larry York, Your Honor, Elizabeth

Levatino, Tom Black and I represent the Defendant,

Governor Briscoe, and the Secretary of State, Mark

White, who is here in the courtroom with us.

I would -- I don't know if this is the time

to raise it or not, but Mr. Korbel's

statement that they hed attacked the districts in

all but, I believe, Jefferson County -- I'm not

clear on the pleadings. It would appear from our

reading of the pleadings subject to correction that

¢+he “ALDEF group have not filed pleadings attack-

ing the districting situation in Hidalgo County or

in Nueces County. If I have misread that, then we

stand corrected.

MR. KORBEL: Well, the original Plaintiffs,

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 8

TYLER, TEKAS (214) $93-7720

sisi: et a did have Plaintiffs in Hidalgo

County and Nueces County, and rather than unneces-

earily burden the Court with additional pleadings,

we were just coing under those same pleadings.

JUDGE JUSTICF: Well, in order that there

may be no question about who it is you represent in

what actions, with the concurrence of the Court, you

will be permitted to amend and make them parties

in all actions.

MR. KORBEL: Thank you.

MR. YORK: Thank you, Your Honor.

SUDGE JUSTICE: There is one housekeeping

detail that needs to be taken care of. The motion

to file an amicus curiae brief in behalf of the

Texas Women's Political Caucus will be cranted.

In pretrial discussions with the various

attorneys representing some of the parties, it has

been brought to the attention of the Court that

the parties are in agreement, and if I have been

nisinformed about this, of course, I will expect

that you will correct me, but I have been informed

that the parties are in agreement that all evi-

dence relating to the Tarrant County case will be

presented first, both from the standpoint of the

Plaintiffs and Intervenors and the Defendants.

MRS DO- ‘THY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 3

TYLER TEXAS 214) $93.7720

rites

{-i0-3

Following the resolution of the evidence

in the Tarrant County case, we then move to all

the remaining counties. As I understand it, the

Plaintiffs and Intervenors propose to present all

evidence relating to all of the remaining counties

consecutively, whereas, it is the desire of the

State of Texas that each county be taken separately,

that evidence relating to that particular county

be presented by the Plaintiffs and then there be

an opportunity by the State to present evidence

relating to that county and then moving on to

another.

Have I correctly stated the proposition or

the agreement?

MR. YORK: Yes, sir.

JUDGE JUSTICE: Or rather what the arguments

are, I should say. Am I correct in that?

MR. YORK: Yes, sir, I believe that's

correct.

MR. RICHARDS: May I say it would be impos-

sible for us to proceed that way.

JUDGE JUSTICE: The Court has engaged in a

discussion relating to this matter and have

expressed a preference to go forward with tne

evidence relating to all counties at one time.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 40

TYLER, TEXAS (214) $93-7720

-11-\

This is in view of the fact that a large portion

of the evidence, in any event, is qoing to be by

deposition, and we don't feel that we will be

unnecessarily confused, because we can organize

this material after the conclusion of the case.

It has been brought to the attention of the

Court that as of 15 minutes till 9:00 this morning,

the Plaintiffa and Intervenors had not made a

deposit required by the Court. Has that been done?

MR. KORBEL: Your Honor, I can speak for

my office. All of our bookkeeping goes on in

San Francisco, and <I talked to them on Thursday

and again on Saturday, and it will be wired to the

Court today and should be received by the Clerk

today.

MR. GEORGE: I represent the Republicans,

anc our deposit for one-third of Plaintiffs' share

was made seconds aco.

JUDGE JUSTICF: That accounts for two-

thirds. What about the remaining Plaintiffs?

MR. RICHARDS: The remaining third will be

negotiatec during the day, I hope.

JUDGE JUSTICE: Well now, is this an assur-

ance or a hope?

MR. RICHARDS: Oh, it will be covered, Your

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS 214) $93-7720

E12=1

Honor, before the case is over, before we conclude

the proceedings here, certainly, Your Honor.

JUDGE JUSTICE: All right, Counsel.

MR. KORBEL: May I speak? On Saturday I

talked to Nathan Eason, who represented the orig-

inal Plaintiff, Van Menry Archer, in the San

Antonio Republican case, and he told me that if

all the money details were taken care of by the

active parties in this case that he wouldn't

approach his clients for additional money, but that

should we run short, he would approach his clients,

and he wanted the Court to be assured of this.

JUDGE JUSTICE: I think the Court has al-

ready ruled against his clients in the case, in

any event, so I don't sea that he has any remain-

ing interest in it. I can understand his reluc-

tance to advance any more money.

Now, some of the Plaintiffs and some of

the Intervenors have given their exhibit iists to

the Clerk. Some have failed to do so.

Will the Clerk please announce who is in

error or who has fallen down?

CLERK OF THE COURT: I have not received

JUDGE JUSTICE: You have not received any?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) 593-7720

sea

rhe order of the Court wus that the parties

were to furnish each other with witness lists

together with a summary of the qualifications of

each of the expert witnesses. Ras that been done?

“R. PICNARDS: It has, Your Honor, and we

have tendereé to the State an inspection of all

of our exhibits, but Mr. Korbel and I and Mr.

George and Mr. Crawford, and my exhibit list is

currently being typed and will be available before

we start putting on evidence today.

CUDGE JUSTICE: Are your exhibits marked?

MR. RICHARDS: Mine are marked.

Tt's simply 4@ matter of typing up the list.

CSUDGE JUSTICE: Well now, we're not going to

take time ir. this trial to wait for someone to

mark an exhibit.

MR. RICHARDS: Oh, mine are marked.

JUDGE JUSTICE: We will expect that all of

them will be markec and that you will furnish

forthwith everyone a list of your exhibits to be

filed with the Clerk during the first recess, if

you haven't alreacy done it.

MR. GLADDEN: Please the Court, we do have

our exhibits. All exhibits have been exchanged

with the State, copies of all of our exhibits have

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TEXAS 214) $93-7728

\-14-]

been furnished to the State. We have not pre-

pared ~- we have furnished the witness list to

the State. We have not prepared a narrative of

the qualifications of the expert witnesses. Each

of their depositions have been taken, and their

qualifications were developed in those depositions,

and the State is aware of their qualifications.

We apologize for not having the summary of the

qualifications ready for the Court at this time.

JUDGE GOLDBERG: You understand this Court

is going to have to examine exhibits and deposi-

tions that are on file at the end of this trial.

You all can exchange among yourselves and have a

very nice time at this, but we're going to be sure

that the Clerk has in her possession the exhibits

and the depositions that we're supposed to be

reading when we decide this case.

Does everybody understand that?

MR. GLADDEN: We understand, Your Honor.

JUDGE JUSTICE: The Court feels it is well

aware of the points in issue in the cases before

us, sO we're going to limit the opening statements

to five minutes. The Tarrant County Plaintiffs

may proceed. Please come to the lectern.

Incidentally, the Clerk necessarily is going

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) §93-7720

[-1s-]

to have a great deal of difficulty -- or rather,

the court reporter is going to have a great deal

of difficulty in identifying who these various

speakers are, so if you rise to make some state-

ment or make an objection, please call your name

off for her benefit.

TARRANT COUNTY PLAINTIFFS' OPENING STATEMENT

MR. GLADDEN: Please the Court, my name is

Don Gladden. I am attorney for Frank Escalante,

et al, in the consolidated cases and in Case No.

73-CA-115.

Our petition speaks for itself. We are

attacking the constitutionality of the multi-

member district in District 32 of the State of

Texas, wherein there are nine members elected at

large under the place system. It is anticipated

that this attack will turn on not only ethnic

minority suppression but economic minority suppres-

sion, and we will hope to show the Court that the

effect of the multi-member district in Tarrant

County crosses so as to deny representation or

effective representation not only to ethnic minor-

ities but to economic minorities, both at each end

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TERAS 214) 993-7720 4

Lise-)

of the economic spectrum in Tarrant County.

Mr. Bonner also is representing some Tar-

rant County Plaintiffs, and I will yield the rest

of the time t« Mr. Bonner.

MR. BONNER: Please the Court, I am Norman

Ponner, Jr., of Fort Worth. I am also represent-

ing a group of Tarrant County residents who are

challenging multi-member legislative electoral

system as it applies to Tarrant Count;. Our issues

are virtually the same as those of M.. Gladden.

Our focus is on the diluting effect that the system

has on minority votes. Our emphasis is primarily

on the ethnic aspect of the case, and with that

brief statement I'll yield the podium also.

MR. GEORGE: My name is Jim George. I repre-

sent the Republican Plaintiffs in Tarrant County,

and we will not present any live testimony in this

caure at thie time.

JUDGE JUSTICE: Thank you. You may proceed

with your evidence then.

MR. GLADDEN: Beg your pardon, Your Honor?

JUDGE JUSTICE: You may proceed with your

evidence.

MR. RICHARDS: Could we be excused? I have

to prepare witnesses. Could I be excused while the

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTMICT COURT

TYLER TEXAS 224) 989-7720

[=a 7-\

Tarrant County evidence is being offered?

JUOGE JUSTICE: Yes.

MR. GLADDEN: Please the Court, at this

time I would like to call to the attention of the

Court that we have filed a notion for leave to file

an amendment relative to attorney's fees. We

would like to ask the Court to afford us that

opportunity.

JUDGE JUSTICE: Very well.

MR. GLADDEN: Thank you, Your Honor.

At this time, Your Honor, we would like to

offer into evidence and have talked with the

State of Texas relative to the procedure that we

are to follow in terms of getting the evidence

into the record. We would like to tender a signifi-

cant mumber of exhibits with the understanding

that if they have not already been proved up by

deposition that we will come forwara with the

proof at the appropriate time, but rather than

take the time to hand them to the witness, the

State has been kind enough to afford us the

privilege of putting them in at the beginning of

the trial. At this time we would iike to offer

the following exhibits which are in and affixed to

the depositions.

MRS DOROTHY DAUGHERTY

OFFIC, COURT REPORTER

UNITED STATES OFSTRICT COURT

TYLER TERAS 224 993.7720 47

j-as-

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

(4) which are veter applications of the present

members of the Lagislature. No. 4, which is

ballots of the Democratic primary from 1960 through

1972 with the exception of '64 and '68 where there

are tally sheets.

No. 5, which is a list of the Republican

candidates from 1960 to 1972. In each instance

when I make reference to this---.

JUDGE JUSTICS: Well now, have you got

all your exhibits listed there?

MR. GLADDEN: Yes, Your Honor.

JUDGE JUSTICE: Why don't you just move

their admission, instead cf going through each

one individually?

MR. GLADDEN: All right. We move the admis-

sion of Plaintiff Escalante's deposition exhibits,

2(a) through 18.>), Your Honor.

JUDGE JUSTICE: All right. Is there objec-

tion?

MR. YORK: May I have just a moment, Your

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT RIPORTER

URITED STATES DISTRICT COURT

TYLER TEAS 214) $93.7720

Honor? I haven't seen this

{-ay-|

particular list.

JUDGE JUSTICE: Yes, sir.

(REPORTER'S NOTT: Counsel for Defendants

examine exhibit list.)

“MR. YORK: Your Honor, we have no objection

to the list of exhibits offered by Counsel, except

for Fxhibits 16 and 17, which purport to be

selected newspaper clippings

Star Telegram and Fort Worth

object to those on the basis

and we contend irrelevant to

Court.

JUDGE JUSTICE: Well,

offered or when reference is

cular exhibits, please renew

that time so that we can see

context of the case.

from the Fort Worth

Press. We would

that they are hearsay

any issues befcre this

when the exhibits are

made to these parti-

your objection at

how it is in the

MR. YORK: All right, sir.

JVDGE JUSTICE: All other exhibits are

received in evidence.

Ay COURT REPORTER

MRS DOROTHY OAUGHERTY

UN TED STATES DISTRICT COURT

TYLER TEES 214 99D-7P70

(PLAINTIFF ESCALANTE'S EXHIBITS NOS.

2(a) through 18(e) were previously

marked for identificatior..)

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 saw those at the

depositions, so I am offering them in three pack-

ages, actually.

JUDGE JUSTICE: All right, go ahead.

MR, GLADDEN: We would like to offer Plain-

tiff Escalante's Exhibit 0, Plaintiff Escalante's

Exhibit l(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 15 and 20, which are leaflets that

were generally circulated. We would like to tender

those in evidence.

JUDGE JUSTICE: Is there objection?

MR. YORK: Your Honor, I understand that

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES OFSTRCT COURT Vt)

TYLER TEAS 214) 993-7720

{-z21-|

there is a group of aeeene clippings aa this.

we will have the same hearsay and relevance objec-

tions that we hove earlier expressed, which we can

urce later.

TU0GE wOOD: Is that to 21?

MR. YORK. I believe thst'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 consicered.

“MP. YORE: I hope the Court won't be of fended

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

oftferinc them for the facts of the articles them-

Selves, »ut 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

MRS DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES OFSTRICT COURT

TYLER TERAS 214) $93-7720

\-22-|

at least insofar as it purports to set out the

plan Mr. SGladden'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 is 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 pur-

poses, but we have reserved three exhibits that

would go to the question of 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: Th: various exhibits men-

tioned by Counsel are received in evidence.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) 993-7720 <2

POOR COPY

{-« 321

Do you Aave another List of extibits?

. URI tts ott a moment, Your Honor.

1'll ses,

ASE)

STICL. Let's move forward, Counsel.

“S GLADDIN: At this time, Your Honor, we

would lite to offer in evidence a stipulation by

ard cetewn the law offices of Don Gladden and

the fttorney General's Office, representing

Mofendants re‘stive tc Plaintiff's Cxhibit 1 and

zorc, cetsclishing tro lines that presently exist

e© Pestetec 72.

Luis tame we would€ like to call---.

WDE JUSTICE: Cae nonent.

Mr. 'onner, do you nave any exhibits to

cffer?

MMs a CeRNER S -c, YOur tionor, we have no

Tt... 293 30: 6Flae,

oS Pa hee 2s We do Save an addition to

snat, Yeur “onor, additional exhibits, ‘Io. ] (a)

prina througa J anc 3 vri.wne, wiich are summary

@xuivits w.icn sill be used by the expert witnesses

wien they testify relative to the statistical data.

JUSGE WOOD: what is the exhibit number?

“ese GUADOIN: Exhibit No. l(a) prime. iow

MRS DOROTHY DAUGHERTY

‘ ar

es” erooerrse

et? oe) ee

"sR Thee 84 983 777°

kee

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 infornation.

TUNGR WOON: Compilation and sunmary?

Mh. GLADDTN: Yes. They are prime exhibits

as they relate to that. We have attachec for the

benefit of the Court three copies of the frime

exhibits, because it will be dealing with figures,

rather than other evidence.

JUDGE JUSTICE: Is there objection to the

prime exhibits?

“R, 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---.

SUDGE 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 offaring an exhibit to the facts

of the lawsuit, T'm sure Mr. Gladden has done a

sufficiently thorough job that it behooves us to

avoid duplication, SO we would defer preparing

exhibits for trial.

MRS DOROTHY DAUGHERTY

OFFICI2, COURT REPORTER

UNITED STATES DISTRICT COMRT

TYLER TEXAS 214) 993-7720 24

——+

JUDGE JUSTICF: Thank you.

MR. COLLINS: May it please the Court, I am

Marvin Collins. attorney for Plaintiff Escalante

associatod with Mr. Gladden, and at this time to

exredite the trial, we would like to present to the

Court a motion to take judicial notice of the

testimony aiven 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 doina 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 evidence

presented in that case, then the record, I think,

will he protected in the new cases. * have fur-

nished the State with a copy of this motion.

JUDGE WOON: 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?

“PR, COLLINS: Yes, sir, Your Honor.

JUDGE WOOD: Where it is applicable to this

case?

MR. COLLINS: That's correct, Your Honor,

MRS DOROTHY DAUGHERTY

FerCiay COURT REPORTER

NITED STATES DISTRICT COURT 25

TYLER TERAS 214 $93-7720

ited) BA ou

Rs eatag

eee Fe

eet Bsns

Ot ee Ses

Nn ee RE ee Te

-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

approach to this thing, and isn't it going to make

this record so monumentally large that it is going

to be difficult to send it up to 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITEO STATES OISTRICT COURT 26

TYLER, TEXAS (214) $99-7720

Fe ease a eed ae a eee”

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 wil] 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,

aft is sonethina which would expedite this trial,

aven though it might not expedite the Clerk's

transcript on apoeal. f

MR, KORBEL: May I speak, Your Honor, for

Dave Richards---?

JUDGE GOLDBi:RG: We can't hear you.

JUDGE JUSTICE: Let me say something.

iveryone on this side of the room raise your

voice to about twice your normal volume. 2

NR, KORBOL: If I might speak for David

Richards, one of his exhibits -- one of our

exnibits is going to he an appendix, which was

offered the Supreme Court in this case, which

includes the testimony and substantial parts of

the devositions, and I believe that this is the

appendix that will facilitate the Court's use of

this orevious record,

JUDGE GOLDBERG: Is that all of the testi-

mony in the---?

MRS DOROTHY DAUGHERTY

weitoey COnRT arPonTIR

ITED STATES OFSTRECT COURT

Trem Theat 214 999.7720

{-28-\

MR. KORBEL: Yas, sir, it's the entire

testimony.

JUDGE GOLDBERG: In the original case?

MR, KORBEL: And substantially all the depo-

sitions,

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 deposition was

taken in Fort Worth along with depositions 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,

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT PEPORTER

UNITED STATES OISTRICT COURT 28

TYLER, TEXAS (214) 999-7720

ne Vitae,

[-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, ) think, to make an objection to the duplica-

tien whack " understand will come, hecause ¢ know

they intend to offer the depositions. We intend to

Seiuet to tt as repetitious and then to ask the

Court's quidance about wnat all of us should be

Jdo'.qg in that regard.

(REPORTER'S NOTE: Phe Court confer

cut of the presence and hearing of

the court reporter.)

TDGR GOLDBE?G: Let me see if I can make a

suv*sestion here. First of all, you know we are

under a deadline. Wr're qoing 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.

*na we've cot to have cooperation. Up to now we've

cotten it a hundred percent, Judge Justice assures

me, and from what I have seen that is certainly

“rue. It seems to me that all of the depositions

ought to be offered, and you use your live witnesses |

— oe eee oe —-—— --- - - - ns ——— - ee oe oe

MRS DOROTHY DAUGHERTY

i? e :

ere

avr ang . Ll

"re ne gop '7?

{-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 with who 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, most likely

anything offered will be new evidence.

JUDGE GOLDBERG: We could survive a minimum

of repetition, but a minimum is a minimun.

MR. GLADDEN: I appreciate that, Your Honor.

JUDGE GOLDBERG: Proceed.

JUDGE JUSTICE: All right, raise your hand

and be sworn.

MRS. DOROTHY DAUGHESTY

OFFICHAL COURT REPORTER

UNITED STATES DISTRICT COURT 30

TYLER TERAS (204) $89-7720

¢2-)

R. C. JOHNSON,

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

° State your name for the Court, please.

A FP. 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,

4 And you reside in Tarrant County. Is that

correct?

> Yes, I do,

fe) Ané Fort Worth?

A Yes.

i) And you have previously in your deposition

identified yourself as Fresident of the Tarrant County

MEE OOROTHY DAUGHERTY

OFFICiaL COURT RE A

UNITED STATES DISTRICT COURT

TYLER. TEXAS (204) 993-7720

LENGE | ALR LOE OD! hae.

al 1 fey

idee»

Ree aw aA

(-32-]

Precinct Workers Council. Its that correct?

A Yes.

Q And that is a black organization of pri-

marily precinct chairmen who are black and who hold office

in the Democratic primary?

A Yes,

Q At the time of your deposition you were

asked by tle State -- first of all, at the time of your

deposition you identified certain siate cards as being cards

which were disttibuted and circulated by your organization

primarily in the black community 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?

A Yes.

c tiave you located some of those?

A Yes.

¢ Rac you iocated them at the time you signed

your deposition?

A No, I had not.

aR. GLADDEN: May I approach the witness?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER 32

UNITED STATES DISTRICT COURT

TYLER TEXAS 214) $93.7720

\->3-\

VUNG JUSTICE: Yes,

Q Mr. Johnson, I have handed you Plaintiff

Fascalante's Exhibit 22, and T would like to ask you if those

are the additional slate cards that you have locato’.

A Les, they ere.

we And those do reflect your organization's

endersement for soveral years. Is that correct?

A Yoo.

Q On several elections?

A Ves.

. Wouid you tell the Court the manner that

chose items were circulated.

A wail, these are slate cards which vere

jiven out from door to dour by the precinct workers within

each precinct.

and these slate cards ara similar to or

Vere used ia tne save manner as those slate cards you idcen-

tified in vour deposition. is that correct?

“\ Yes.

p in taat conaectson one of your exhibits

there shows on the Sack of .t a list of persons «no composed

the precinct caaarmen that »ere endorsing those candidates,

Soes it not?

A Yes.

2 And I'1li ask you whether or not each of those

MRS DOROTHY DAUGHERTY

Pee ay ae? ermoerEe 33

® TED SPAMES OG >uey

ex?

TeLF@ TERAS 224 $93 )?20

(-3<-\

perons are black and are members of the precinct workers

council.

A Yes.

Qo 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?

nr Yes.

MR. GLADDEN: I believe that's all, Your

Honor. Pass the witness.

JUDGF JUSTICE: Is there cross-examination?

MR. YORK: Your Honor, we have no objec-

tion 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

evidence.

MR. GLADDEN: I would like to call Mr.

J. W. Sifford.

(w..TNESS STANDS ASIDE.)

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER. TEXAS (214) $93-7720

(3s-)

MR. YORK: Your Honor, I believe that most

of the depositions that were taken were taken with

the agreement of Counsel that all 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. SIFPORD,

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 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, Mr.

MRS. DOROTHY DAUGHERTY

OFFICIAL CCLAT REPORTCR

UNITED STATES DISTRICT COURT

TYLER TEXAS 214) 393-7720

Sia ae Sn i

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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 cor-

rect?

A That's correct.

Q And is one of the functions of that organiza-

tion politics, and particularly legislative politics?

A Right.

Q Now, in that connection I'll 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'll 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT a6

TYLER, TEXAS (214) $93-7720

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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 to 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 Central Labor Council. We put out slate

cards. We put out brochures. We put out mailings to our

members, which has run as high as maybe 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

erganizations in the county who, similar to Mr. Johnson's

organization and our crganization, and many other so-called

special interest groups, de do considerable for candidates

which the candidates have no knowledge or very little know-

ledce, and so there is no way the candidate could report

expenditures of this nature, and so this certainly would not

be shown in the reported expenditure of candidates.

Q In that connection, Mr. Sifford, do you have

an awareness as to whether or not the slated candidates, those

that have been slated by special interests with other prospec-

tive candidates, would have a greater expense or would show

less reported but a greater expenditure of money on their

behalf?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 37

TYLER. TEXAS 214) $93-7720

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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 process, 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 incumbent 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 familiar 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 exposure, and to win an election a candi-

date 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 38

TYLER, TEXAS (214) $93-7720

E39-5

exposure, but before that professional exposure through the

medium of television, and so, certainly, as the years go by

and you get greater public exposure, certainly your expendi-

turas for this sort of thing, which is the main expenditures

that a candidate 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?

SUDGF JUSTICE: Yes.

Q I hand you what has been identified as

Plaintif¢’ Escalante's Exhibit No. 20. That is a copy of a

leaflet. Do you recognise that?

A Yes, I do.

Q I'll 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER ae

UNITED STATES DISTRICT COURT

TYLER TIXAS (214) $93-7720

PR ee. Ow 6 AH

eS ee

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Legislative District?

A At that time it was a primary part of

Tarrant County.

Q And it also encompasses a substantial part.

in fact, the biggest part of District 32 presently, 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 incumbent

State Senator?

A Yes, it was. I know personally, because I

helped to stuff several hundred of these in an envelope

that were sent out, and I received one of them at my house.

The area where I live, which is Hurst, a middle-class suburb

of the county, and similar precincts were where these were

sent.

Q In that connection I'll ask you whether

you are familiar with the results -- this was sent out in

the second primary. Is that correct?

A Yes.

Q And the first primary are you aware of how

the State Senator ran in the basically white precincts?

A Yes, sir, Senator Don Kennard who was the

incumbent, trailed by 4,000 votes to Joe Shannon, Jr., vho

was his major opponent. He led the first prizary. In fact,

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER 40

UNITEO STATES DISTRICT COURT

TYLER, TEXAS (214) $93-7720

{-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 litera-

ture 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: All right, we pass the wit-

ness.

JUDGE JUSTICE: I would like to see Plain-

tiff's Exhibit 20.

(REPORTER'S NOTE: Court examine

exhibit.)

JUDGE JUSTICE: Is there objection to

Plaintiff's Exhibit 207

MR. YORK: We have no objection to it, Your

Honor.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER 41

UNITED STATES DISTRICT COURT

TYLER TEXAS 214) $93-7720

{-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

evidence.

MR. GLADDEN: We'll call Mr. John Dillard.

JUDGE JUSTICE: Wait just one moment.

Is there cross-examination of this witness?

MR. GLADDEN: Oh, I‘m sorry, Your Honor.

MR. YORK: We're in favor of having an

abbreviated 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 resolution in the Legis-

lature of this state, is it a fact that you helped send

that particular flier out to precincts and people within

Tarrant County?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 42

TYLER, TEXAS (214) §93-7720

-——

i es}

A Yes.

Q I take it that was not just an individual

effort on your part, but one done as a part of your organiza-

tional responsibilities in the Union activities?

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 parsonally kind of working at home at

night, or was it done as part of your official activities?

A It was done as part of the official acti-

vities. 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 in the highest levels of national politics?

A Weli, I don't know what you're referring to

as this sort of thing. This was a vote that Representative

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 Legislature?

A Well, I wasn't present when the bill was

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNI EO STATES DISTRICT COURT 43

TYLER TEXAS 214) $93-7720

Cea- \

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 ie 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 issue of busing of children is not an issue which would

be calculated to appeal 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 “slating"

which has been used. Am I correct in understanding that the

slating that you're talking about, if I understand it

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES O'STRICT COURT 44

TYLER, TERAS 214) 999.7720

)-45- |

' correctly, there are four or five groups in Tarrant County

which are the principal sort of organized groups that deal

in polities. ‘There are the Labor Unions and the precinct

workers, which is principally black, a Mexican-American

orqanization and several others, comprising a total of about

five, including a sort of vaguely defined Seventh Street

group or business community. Is that @ fair thumbnail

description?

nN Substantially, although it varies from

vear to year. There will be new ones; some will drop out,

and new ones will come in.

4 *s I understané it, in Tarrant County there

is a fairly wide divergence hetween those groups. That is,

t Selieve you have told us maybe on one occasion in the

last ten or fifteen years they have kind of gotten together

‘nad tried to agree on a Democratic slate, but at all other

times there has been divergence or difference of opinion

among the various grcups about who ought to be supported as

Democratic candidates.

AK 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 tusiness group for support.

¢ An@ that is not uncommon throughout this

rttio.?

MRS DOROTHY DAUGHERTY

orc ee

, CooRT BF PORTTR

merED STATES DUSTRNCT a’

. ’

[-46-]

is not.

= woulda't think #6. To my KuiGwledge it

To seek the support of Labor and business?

Right.

But there is not any one little group of

king makers sitting around anywhere in Tarrant County that

ie able to say, “This fellow or this lady will be a candi-

date on the Democratic primary." There's four or five

@ivergent groups that see differently the issues and see

aifferently the candidates, 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?

Well, I don't know who makes the decisions

in the Seventh Street group, but I know the decision made

in the organized Labor group is a Democratic process where

all the delegates to the Central Labor Council vote on who

will be supported.

And you talk to all candidates who want to

come and talk to you, I suppose?

Yes, sir, right, always have.

MR. YORK: I believe that's all we have,

Your Honor. Thank you.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 46

TYLER, TEXAS (214) 989.7720

CROSS-EXAMINATION

BY MR, BONNER:

ry i have one brief question for you, Mr.

sifford. I believe on your deposition you dealt with the

zacinaicn-.

JUDGE WOOD: Counsel, I believe you have

to give your name, so the court reporter can get

it.

MR. BONNER: I'm sorry, Your Honor. Norman

Bonner.

Q in your deposition you dealt w.th 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 candidates are

involved, which factor would be more decisive in tipping the

scales in favor of one candidate or another candidate, race

or economics?

A I would guess I would say race.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TERAS 214) $93-7720 47

(-a8-

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 slating

process, the slating process takes place prior to the

Democratic primary. Is that correct?

A That's correct.

©° 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 slating 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'll 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?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) 993-7720

(-4a5-

A if I understanc you right, the answer is no.

G now then, is it important, however, in terms

: of being alle to make a significant race, to have the endorse~

> | impossible

% could be e

s Support of

| ment of one of the two Siate-making groups?

a 2 would say that very seldom -- it's not

, but it's highly improbable that any candidate

lected without the support of one of the -- the

one or the other or both.

Q in that connectaon we're talking about the

N Seventh Street group and then tne labor and related coali-

taons of i

cate would

\3 mecca cf a

iberal, >lack aad brown community?

an Taat's right, I would think that the candi-

yave to nave the support of one of the two to have

chance.

LR. GLADDEN: Pass the witness.

MR. YORK: We have nothing further.

CULDGE JUSTICE: Are there other questions

cf this witness?

If not, you may stand down, Mr. sifford.

(AITNESS STANDS ASIDE.)

ICLGE JUSTICE: Please call your next witness

MR. GLADDEN: I would like to call Mr. John

Cillard.

At this time, Your Honor, we would like to

MRS DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 49

TYLER TERAS 224) $93.7720

leso-!

offer in evidence J. W. Sifford's deposition, if

we have not.

JUDGE JUSTICE: It will be received in

evidence.

JOHN DILLARD,

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:

BY NR. GLADDEN:

DIRECT EXAMINATION

State your name to the Court, please.

John Dillard.

Where do you reside, Mr. Dillarc*

3913 Wilbarger, Fort Worth, Texas.

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?

Twenty-three years old.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 50

TYLER, TEXAS 214) 993-7720

) -sa-)

ww 0

at the moment?

What is your business, occupation or trade

I am a student.

And where are you a student?

North Texas State University.

And what is your major?

Sociology.

I'll ask you how old you are.

JUDGE GOLDBERG: We got his age.

MR. GLADDEN: I apologize, Your Honor.

In that connection, where is Wilbarger

Street in connection cr in association with the rest of

Fort Worth or Tarrant County?

It's in the southeast corner of Fort Worth.

I'll ask you, if you will, please, to

describe the neighborhood and the makeup of that portion of

the community in which you live.

Well. it is working class population, and

it's about 50 percemt white and 50 percent black and a

sprinkling of Chicanos.

And I’il ask you what the economic level

of income is in that area, if you know.

year?

It's about four thousand to ten thousand.

Four thousand to ten thousand dollars per

MRS DOROTHY DAUGHERTY

OFFICIAL COURT REPOR.~€

it ® Lae

ae oe ea 54

TYLE® TEMAS 214 720

[-s2-]

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-

legge 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 estimation.

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 che 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

MRS DOROTHY DAUGHERTY

OFFICimL COURT REPORTER

UNITED STATES O'STRICT COURT 52

TYLER TERAS 214) 993-7720

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- Ererae

it is made up primarily of skilled tradesmen or unskilled

workers?

A Unskilled.

Q Mr. Dillard, I'll ask you what your earnings

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 of 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

do 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'll ask you whether or

not you have ever entertained, thought about or considered

MRS DOROTHY DAUGHERTY

OFFICAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TERAS 214, $93.7720

(-s4-]

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

Attire RP A rom oD I pl a

given any serious consideration to seeking public office

in Tarrant County.

A No.

Q Or in District 32?

A No.

Q Why have you not given any serious considera-

tion 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 believe 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 participated in

anybody else's political campaigns in the past.

A Yee, 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?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS 214) $93-7720 &4

(-ss-J

A i made yard signs and knocked on people's

doors.

Q Do 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 circunstances might give

serious consideration to seeking public office, rather than

dream of it? .

A Yes, sir, it does seem possible.

| MR. GLADDLN: Pass the witness.

WR. YORK: Your Honor, I didn'* »="t to be

taken a moment agc to be agreeing to a pxrocedure

whereby ‘ir. Bonner would follow us.

JUDGE COLDBERG: Mr. Bonner, do you have

any questions?

MR. BONNER: I'm sorry. We have no ques-

tions.

UDGE GOLDBERG: Go ahead.

CROSS -EXAMINATION

BY MR. YORK:

Q Nr. Dillard, what level are you in school?

Are you a junior or a graduate student---?

lis

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

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TYLER TEXAS 214) $93-7720

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A Senior.

Q You're 25?

A Twenty-three.

Q Twenty-three? Have you been in school

constantly since graduating from high school?

A No, sir.

Q What other jobs or trades have you followed?

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 tc 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER. TEXAS (214) $93-7720

[ -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 Precinct

Workers?

A No, sir.

Q Or taiked to anybody about it?

A I have spoken to other people in the

Farenthold and McGovern campaign.

Q In the McGovern campaign «3d Mrs. Farenthold'

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.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLE® TERAS 214 $93:7720 57

Pe eee

— , ot steoeae 2 a

(-se-]

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 recognise that it would cost some-

thing to run a single-member district or multi-member dis-

trict 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.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 58

TYLER. TERAS (24) $99-7720

MR, YORK: I believe that‘'a all we have,

Your Honor.

tion?

BY MR, GLADDEN:

JUDGE JUSTICE: Is there redirect examina-

MR. GLADDEN: Thank you, Your Honor.

REDIRECT EXAMINATION

Mr. Dillard, in connection with the density

of population in Fort Worth and in your neighborhood, it is

a typical medium-low income residential area, Is that not

correct?

Yea, sir.

Houses are close together?

Yes, sir.

De you have an opinion as to whether or not

a shoe-leather type campaiqn could be run in a district

wherein 75,000 population in that area, whether cr not you

could based on your experience in the Farenthold campaign and

: | MeGovern campaign, whether or not an effort could be made to

conduct that type of a legislative campaign?

Yes, sir, I think you could knock on a good

+ RDM em

No, not at this time.

MRS DOROTHY DAUGHERTY

OFF Cray COURT REPORTER

UNITED STATES DYSTANT? COURT 59

YER TERAS 214) 993-7720

(-60-J

many doors.

Q Do you have an opinion as to whether or not

if you multiplied that nine and got into a population of

650,000 whether or not it would he feasible during the inter-

est period of time to conduct a campaign 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 witnese.

(WITNESS STANDS ASIDE.)

MR, GLADDEN: We would like to call Mrs.

Batty 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.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER 60

UNITED STATES O'STRICT COURT

TYLER, TERAS (214) 993-7720

(-61-!

BETTY FISCHER,

a witness called by the Tarrant County Plaintiffs, having

nean first duly cautioned ang sworn to testify the truth,

the whol: truta and nothing but the truth, testified as

follows:

DLNECT_ EXAMINATION

Q ctate your name to the Court, please.

a i am Betty Pascher.

NY “ys, Paseher, I'll ask you if you have

prevaously testified in this case by way of deposition.

4 I did.

m sna in that connection a series of maps were

offered in the deposition, which relate basically the same

information that arrears on this map. Is that correct?

a et's correct.

) with some exceptions and some variances

in method. Is that correct?

A That's correct.

. The map at the present time as it is

MRS DOROTHY DAUGHERTY

OFFICImL COURT REPORTER 61

UNITED STATES OVSTAICT cour’

TYLER TERAS 224 993-7720

[-62-]

exhibited is identified as Plaintiff Escalante's Exhibit No.

l(a). Is that correct?

A That's correct.

Q And the black portion of that map represents

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 correct?

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 ses-

sion. Ise that not correct?

A That's correct.

Q And a portion of that census tract was moved

into Tarrant 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?

x 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TEAS (214) $93-7720

[-63-)

geographically the residences of the present members 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.

re) And that is based upon the exhibits pre-

viously offered in evidence showing their voter registrations

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.

c Mrs. Fischer, in connection with the over-

all map l(a), you have done some statistical studies, have

you not, and some pulling information from the Plaintiff's

Exhibits 2(a) and (b), which is the census tract information

and prepared summaries of the over-all makeup of District 32?

A That's correct.

YQ And Flaintaff's Exhibit No. l(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--

MRS DOROTHY DAUGHERTY

FICIAL COURT REPORTER

UNITED STATES OVSTRNCT COURT 63

TYLER TERAS 214), $93-7720

[-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 rela-

tive to the over-all makeup of the district.

Q Now, in addition to that, have you undertaken

to divide the county up into four quadrants to show the

economic, ethnic and social makeup of the county by quadrant?

A Yes, I did.

Q And that is shown on this map as Plaintiff's

Exhibit 1(b), and it reflects four lines that may be difficult

for the Court to see, but it reflects four lines dividing

the county along census tract lines. Is that correct?

A Yes, it does.

Q And I'll ask you if you have done an economic

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 giving statis-

tical information.

MR. GLADDEN: We would also like to at this

time offer the Court a breakdown on each of the

quadrants or the quarters of the county showing

variations of the economic makeup. Now, beginning,

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) 383-7720

be Sto Lo]

if I may, ‘irs. Piscker, 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.

fe) 2nd has a mean family income based on the

census information of $39,317.90?

A That is correct.

¢ ] That is as compared to the over-all district-

wide mean income of $11,-9%.95?

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

is 3.68?

A That's right.

) Now, Moving on to the northeast quadrant

wath 176,003, that is 25 percent white. Is that correct?

A Yes.

v Two percent >lack?

A Correct.

MRS DOROTHY DAUGHERTY 65

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TEMAS 214, $93.7720

(-66-]

Q And three percent brown?

A Yes.

Q And the mean family iticome is $12,605.00?

A That's right.

° lliow many of the present members of the

Legislature 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?

A Yes.

Q Going back to the northwest, how many

resided in the northwest?

A Well, our man 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 popula-

tion in the west, does that community of interest 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?

MRS. NOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS 214) 893-7720 66

—————___—_—

an Yes.

fe) Now, moving on to the southeast quadrant,

I'l) ask you if you have done the summary to reflect popula-

tion there.

N Yes, I have.

a Now then, the 153,811 is what you show in

the southeast quadrant. Is that correct?

A Yes.

Q That is because you contemplated the

Supreme Court's striking District 42, as well, and your

basic fiqures were based upon trying to redraft and alter

District 42. Is that correct?

A Yes, that is correct.

n Now then, in that connection the over-all

ethnic makeuv of the southeast cuadrant is 61 percent white,

36 vercent black and 3 nercent 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 Arlinaton is included in the southeast

quadrant there as vou have shown it.

A Yes, it is.

9 There is a difference, is there not, between

the economic interest and the ethnic makeup of the south por-

tion of the City of Arlington and the southeast portion of

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER TEXAS 214) $93.7720 67

[-6e-|

the City of Port Worth?

A Oh, definitely. Arlington is a white upper

middle-class white neighborhood.

Q Have you done a compilation of the southeast

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.

Q 51,378 or 47 percent are white?

A That's right.

° And 49 percent are black?

A Yes.

Q And four percent are brown. Is that correct?

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.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) 993-7720 ts

( -69-]

' Q I'll ask you whether or not any State

Representatives were elected from that area in 1972.

A No, there were not.

@ I'll ask you whether or not you can recall,

since you have been in politics, and your deposition will

reflect how long, whether or not there has ever been 4 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 this portion 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

yuadrant?

A That's right.

e) A total white of 87 percent, 6 percent

black and 7 percent brown?

A Yes.

w And the mean family income is $13,374.00?

A That's right.

Q And the mean family size is 3.74?

A Yes, it is.

MRS DOROTHY DAUGHERTY

DEFICIML COURT RFFORTER 69

NITED STATES DISTRICT COURT

TYLER TEKAS 214, $93:7720

[-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 quadrant,

four in the northeast and two in the northwest?

A That's correct.

Q And zero in the southeast?

A That's correct.

Q Have you also prepared -- no, excuse me.

Plaintiff's Exhibit l(c) prime, which was a summary of infor-

mation by census tracts wherein you took two high-income

cengus tracts and two low-income census tracts and made

compilations on the basis of those?

A Yes, I did.

Q In thay connection would vou tell the Court,

‘and I don't have a copy of that before me -- would you tel)

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

MRS DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 70

YYLER. TEXAS 214) $93-7720

setae | e sincgesiea ne

fanily income of $76,825.00. In thie there are 968 families

that have an income between $25,090.00 and $50,900.00, and

223 families with an income of over $£0,000.00. There are

oniv 1,309 families in all of District 32 with an income of

over $59,000.00, and 223 of thein live in this census tract.

Theix mean family size is 2.61.

The other high-income census tract is 106.92

with a mean family income of $49,693.00. It is 98 percent

wiite, 31 families with twenty-five to fifty thousand dollar

income, 23 families with fifty-three thousand and over income.

There are only 96 families living in this census tract. It

is also in the southwest cuadrant of the county.

‘a 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.

0 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 vou or under your supervision, was it not?

A Yes, it was.

C Ana all the information placed on that map

is supported by exhibits which vou have previously identi-

fied and been offered in evidence?

MRS DOROTHY DAUGHERTY

Thar

aT BFPORTER

mere STATES DOSTRICT COURT

Tree Tees 214 $93 7720

A That's right.

° T'll ask you if you caused to be prepared

at my request an overlay which reflects the precincts wherein

there is a black population in excess of 30 percent.

AN Yes, I did,

Q And I'll ask you if Plaintiff's Exhibit No.

l(c), Plaintiff Escalante's Exhibit No. l(c) re*lects those

census tracts.

A That is correct.

° Now, in addition to those census tracts,

T'll ask you whether or not you have prepared and compiled

@ statistical summary of information which relates to not

only those census tracts, but the other census tracts wherein

there is siqnificant black population.

A Yes, I did.

Q And that is Plaintiff Escalante's Exhibit

No. l(c) prime?

A That is correct.

Cc 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 3° percent or is the

percentage siqnificantly greater?

A Oh, most of them are more than 75 percent.

MRS DOROTHY DAUGHERTY

OFF Com COURT BFPORTER Va

URITED STATES OrsT@iC? COURT

vyUER Temas 224 999-7770

| -73-J

Q In that connection how many census tracts

are there in this category?

» There are 25 census tracts that are more than

30 percent.

te Now, there are 80,336 blacks in the district.

Is that correct?

A That's correct.

re When I make reference to the district and

Tarrant County, if you pleasc, I make use of the district

smaller than the cecunt:', but when we're talking about after

1°68, 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 = whole. You understand that?

A Yes.

e In that connection these tabulations are

tased on the present district. Is that correct?

A Yes, District 32.

% iné@ that's 12 vercent black total vopula-

t.on?

Xx That's richt.

*) These 15 census tracts -- 15 additional

census tracts wher: there sar? between 5 and 30 percent

copulation. Is that correct?

A Tiat's correct.

“ Are those contiguous with or around these

MRS DOROTHY DAUGHERTY

OFF Cy COURT BEPORTER

MTED STAYES DUSTRNCT COURT

ree ERas 224 $99 7°20

elit aii cn a

Std ect, .- tae ini.

PAL AE ABS BENS «gt REL Sat Slt Vari

‘es

[ -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 cities,

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 $6,579.00?

A That's right.

Q And the mean family size is 4.04. Is that

correct?

A Yes, that is correct.

@ Now, in addition to that, I asked you to

prepare, and was there prepared an overley which reflects

the brown or Chicano concentration of population in Tarrant

County?

A Yes, I did.

C In that connection that overlay is identi-

fied as Plaintiff Escalante's Cxhibit No. 1(4). Is that

correct?

xX That's correct.

2] And that shows the census information where

Chicano population is 30 percent or greater in yellow?

MRS. DOROTHY DAUGHERTY

Orie eePoRTER

UNITED STATES DISTRICT COURT

TYUER. TERAS (224) $99-7720 74

|-75-

| A Yes, that is correct.

: Q With the exception of one green, which is

. | @ combination of yellow and blue, and that signifies 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

. @ Summary of the brown population as it is distributed in

Dastrict 32?

r A Yes, I did.

Q And that has been identified previously

as Plaintiff Escalante's Exhibit 1(d) prime. Is that cor-

rect?

4 A That's right.

1s Q In that connection there are 40,742 persons

i» Of Spanish surname or Spanish ancestry. Is that correct?

17 A That's correct.

‘ Q And of that there are 7 census tracts where

» there is 30 percent or greater brown density of population?

mt) A That is right.

Q That is the yellow ones. Can you tell the

Court, if you will, briefly what the remaining census infor-

2) mation or distribution of the brown community is?

3 A Pifty-five census tracts where there are more

3s than five and less than thirty percent brown, fifty more

MRS DOROTHY DAUGHERTY

OFFIC Me COURT REPORTER

UNITED STATES OVSTMICT COURT

TYR TENAS 214) $93 7720

PE we kn RD ATs dee

(-26.1

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 per-

cent brown population, and they are spread throughout the

district.

c Mrs. Pischer, in that connection back to

your testimony about your summary of economic information

in District 32, I'll ask you whether or not you did prepare

&@ summary of economic information and prepare an overlay

which reflects certain economic information on the map.

A Yes, I did.

Q And that has been previously identified as

Plaintiff Escalante's Exhibit “o. l(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 less 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 $11,000.60, 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

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 76

TYLER. TERAS 214) 989-7720

= (-77- |

' aad fourteen thousand dollars?

A That's right.

ca Q And the diagonal area shows from $14,000.00

up in mean family income. Is that correct?

‘ S That's right.

e Q Now, in addition to that, if you will,

> please, go ahead and explain to the Court -- you previously

. | talked about the two high-income census tracts that you

R selected, and you have identified those as in the southwest

TY | quadrant, have you not?

a | A Yes, I have.

i | Q Would you tell the Court about the low-

income tracts and where they are situated on the map?

13 A Census Tract 11, which is just to the east

of the downtown area, it also happens to have a population

io greater than 30 percent black. It has a mean family income

17 of $4,437.00, a mean family size of 4.62. There are 382

1 tamilies who live here. Tt is 86 percent black, 10 percent

19 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 56 families with less than

$3,000.00 a year income.

Census Tract No. 17, which lies immediately

23 = st the south of ll, has a mean family income of $3,604.00,

amean family size of 4.56. There are 702 families living

MRS DOROTHY DAUGHERTY

. naan

fC a, COUR? @rPoRTER Tr

ITED STATES OSterct ®

yee TERaS 23s 993.7720

babes

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 end 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 economic area up to about 2.61 or smaller, depend-

ing on which of the two higher income tracts. Is that cor-

rect?

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 Representatives were

elected in 1972?

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?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) $93-7720 78

te)

if I may make some references to it and lead the

witness a little bit, Your Honor---.

a State Representative, lives in a precinct with a mean

family income of $14,000.00. Is that correct?

$18,288.00 mean family income. It is 99 percent white and

one percent brown. Is that correct?

the mean family income is $12,737.00. It is 95 percent white

and 5 percent brown. Is that correct?

in that northeast portion of the county in a census tract

where the mean family income was $17,368.00. Is that correct?

Yes.

MR. GLADDEN: In the interest of brevity,

In that connection, Mr. Charles Evans,

That's correct.

It is 96 percent white and 4 percent brown?

That's right.

Bill Hilliard lives in a census tract with

Yes.

Bud Sherman lives in a census tract where

That's right.

Gibson Lewis lives or is registered in 1972

That's correct.

With 94 percent white and 6 percent brorn?

That's correct.

Tom Schieffer lives in a census tract where

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

NITED STATES DISTRICT COURT

TYLER TEXAS 214) $93.7720 79

ae pe

POPES tn wa Te NS AE ee ENE LTC AE RT

Le ERE STR F

wee

ee TRON

ROE LEE ITS

| -80-

a Q

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 census

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.

Doyle Willis is the only member of the preser

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) $93-7720

makeup of the Legislature who lives in a census tract where

there is any significant -- more than one-half of one percent

lack population. Is that correct?

A That's correct.

JUDGE GOLDBERG: We'll 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, recessed until 10:50 o'clock,

is | A.M., the same day, at which time

it reconvened.)

JUDGF GOLDBFRG: Would you mind telling us

lo how many live witnesses you expect, Mr. Gladden?

7 MR. GLADDEN: This is our last witness,

is Your Honor.

m) JUDGE GOLDBERG: Thank you very much.

20 MR. GLADDEN: With one exception, Mr.

Collins will testify relative to the time spent

in preparation of the case as to attorney's fees.

24 BY MR. GLADDEN:

Q Mrs. Fischer, you had just got through

MRS DOROTHY DAUGHERTY

eric pom? REPORTER

UNTED STATES OSTRICT CO

a ri

: gi

ER ERAS 214 993.7720

(-82-|

testi“ying about the economics of the census tract informa-

tion. I'll 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 deposi-

tion 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.

9 All right. Now, I'11 ask you whether or

not you have ide tified on the map the location of the

residence of each of those three black candidates 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

resides 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?

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT

TYLER, TEXAS (214) 999-7720 82

—

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

s | white opponer.t?

6 A Yes, there was.

oa Q Now, in that connection I'll ask you, in

| doing that, you selected five precincts -- no, excUsS Me ~~

you selected precincts which you considered to be all black. :

| ls that correct?

A That's correct.

Q And in 1968 was the first time a black ;

had run, Is that correct?

“

14 | A That is correct.

is | Q And that was a person named Charles Grays.

In 1972 there was 2 James Gaskin and a Bobby Webber, both

1? who are parties to this lawsuit. Is that correct?

a | A That's correct.

19 Q Did you take (hose races and make a compari- ‘

20 son of the votes that each of those persons got in what you

BS considered to be the total black precincts versus the rest &

2 | of the county where there's black and white and brown mixture? ;

Ps A I did.

| Q In selecting precincts, did you base it upon

23 your personal knowledge of the ethnic makeup by voting

MRS DOROTHY DAUGHERTY

OFFICIM, COURT REPORTER

Ste

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 in the 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 the courtroom, received 11 parcent of the black

vote?

A That is correct.

MRS. DOROTHY DAUGHERTY

OFFICIAL COURT REPORTER

UNITED STATES DISTRICT COURT 84

TYLER, TEXAS (214) 993-7720

ee [-85-]

Q And in the predominantly white, but with

+f some black and some brown population, Charles Grays received

_ g,000 votes or 27 vercent. I3 that correct?

}

A That's correct.

And Mr. Sherman received 47,000 or 73 percent

, | of the white vote. Is that correct?

A That's correct.

Q And by white votes, I'm talking in terms of

nredominance rather than total purity. You understand that,

w | do you not?

A That's right.

ie) So there was just almost a complete rever-

sal in terms of makeup of the total boxes in that race?

A That's right.

a) Now, then -- and that was 4 county-wide

16 race, was it not?

1? A Yes, it was.

Now, turning to the 1972 Democratic primary

fe}

“

where both Mr. Webber and "ir. Gaskin sought the nomination,

looking first tc the Webber race, Mr. Bobby Webber received

oval

in the black precincts, the 19th Precinct, you have identi-

fied 77 percent of the votes. Is that correct?

A That's correct.

24 ‘@) And the combined total of the three white

opponents was less than 2,000 or 23 vercent?

Tete

FE Bre

MRS DOROTHY DAUGHERTY

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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 Se 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 tiuat.

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?

N 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 opponerts got 68

— —

MRS DOROTHY DAUGHERTY

OFF Cm COURT REPORTER

UTED STATES DiSTRNCT COURT RE

wre ‘Hees 2.4 WOT

\ -87-

Gaskin's percentage dropped from 32 to 29 percent?

percent in the black community, and in the white community

A That's right.

Q And the combined two white gpponents went

from 68 to 80?

A That's right.

ie) An@ in that connection, however, Mr. Gaskin

was not endorsed or supported by the Rlack Precinct Workers

Council?

a That's correct.

ia The organization Mr. Johnson has identified

himself as chairman of?

A That's right.

° Now then, “rs. 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 precincts?

A That is right.

Q In that connection, you have selected five

precincts which are almost 190 percent black and five precinct

which are almost 190 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 geographic

;

MRS DOROTHY DAUGHERTY

OFF Tm, COURT BFPORTER

umeTED STATES OSMRHC? COURT

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location, the age factor, as well as the mean income factors?

& 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.

0 Looking to that on Page 2 -- well, Page 2

reflects both general and primary election in 1968. Is that

correct?

B That's correct.

° And Page 3 reflects the same information

for 1970, and Page 4 reflects 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 testimony 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.

9 Now, averacing 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 orecincts you used. Is that correct?

A 33.3 and 43.3.

MRS DOROTHY DAUGHERTY

OFFIC COURT BFPORTER

URITED STATES OFSTONcC? COURT

TYLER TERAS 224) $93: 7720 ss

: a a _[-s9-)

Q C. %., 23.3 and 43,3. Projecting that to

vsing those figures and applying it to a thousand white and

a thousand black votes ané projecting that turnout as to

a voter turnout, have you reached any conclusions ae to the

ratio of people who actually arrive at the polls as between

black and whites?

A Yec, while this percentage only shows 10

percent, if you hac a thousand white voters and a thousand

back voters, if 42 percent of the white voters went to the

polls, that would be 433. 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 2,099. That would expand

| the vote that the white cast, if you're talking of block

vote, to about 14 percent instead of 10 percent.

Q In other words, of a thousand white recis-

tered voters versus a thousand black registered voters in

these precincts, there vould be 13 more white people arrive

at the polls than =lack people, if you used this voter

turnout information you hav> developec. Is that correct?

a There sould be 13 more white voters for

each hundred voters registered.

Q Right, using 190 -- excuse me -- using 100.

Of each 100 people that arrived at the polls 13 more would

be white than black?

A That is correct.

MRS DOROTHY OAUGHERTY

roc a, Coe? eFeoerTe x9

[90]

MR. GLADDEN: Excuse me, Your Honor. I

seem to be---.

(PAUSE)

MR. GLADDEN: I'll do it---.

Q In connection with Plaintiff's Exhibits Nos.

16 and 17, those were the newspaper clippings that have

been previously identified. I'll 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?

os 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 District 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 were circulated 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 circulation in the

MRS. DOROTHY DAUGHERTY

OFFiCiay COURT REPORTER

UNITED STATES D/STM@ICT COURT 30

rrce® TEras 214, $93. 7720

[-s1- |

, | county?

: 4 That's right.

MR. GLADDEN: At this time we offer Plain-

tiff Escalante's Exhibits 16 and 17, not for the

purpose of showing the facts, but for the purposes

of showing the racial attitudes of the people in

> the community.

MR. YORK: Your Honors, without intending

Ry) any disrespect toward those newspapers, we would

10 respectfully urge our objection that it is hearsay

WW and contains conclusions which the writer of the

12 articles is not shown to be able to draw.

13 JUDGE GOLDBERG: Do you want to be heard

from?

MP. GEORGE: To bring the Court's attention

ie | to former stipulations by the State when this

proceeding was going on in January of 1972. The

State stipulated the admissibility of similar

19 newspaper items for all purposes. I don't know

0 | what the role of the stipulations of the State in

e the first hearing in this proceeding is, but I

would suggest that they are bound by the stipula-

tion.

24 JUDGE GOLDBERG: Well, we will take the

ey stipulation and the objection under advisement

oss —

MRS DOROTHY DAUGHERTY

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¢ a COoRT eFPORTER

um TED STATES O'STACT COURT

Tyee TEAS 214 9937720

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when we study the case.

BY MR. GLADDEN:

Q In addition

This text is long and has been trimmed here. Open the source document for the complete record.

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