# Appendix — White v. Regester > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_1627%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1975 - **Citation:** 422 U.S. 935 ## Text 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 .. 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) 5 2 1 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 Defendants Defendants Defendants Defendants Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Exhibit 44 Exhibit 47 Exhibit 48 Exhibit 49 Exhibit 51 Intervenor Intervenor Intervenor Intervenor Intervenor Intervenor Intervenor Escalante E Escalante E Escalante E Wright Wright Wright Wright Moreno Moreno Moreno xhibit xhibit xhibit (iii) Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 1-A . ae an Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff Plaintiff 18-E Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Escalante Piaintiff Escalante Plaintiff Escalante See 6.4 6 St 8 Plaintiff Escalante Plaintiff Escalante Plaintiff Escalante Plaintiff Escalante 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 through through . ro hro ug through h 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. © Pew Me 100 Rew re-filed 12-15-71 e 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 _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 « a 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 7 ‘? 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 $4,206.00 for pre w eesat Bearings and daily transcript __filed. Copies metled to attys for both sides basic tor Dallas md Tex filed~* —__ dela _24-_ Order granting motion to amend opinion & order to rectify clerical erros 2-11-22 |. 26e—Motice-of ._._..filed _ Copies mailed to all attys costs ‘filed = Appeal to ¢ oR oe ee Curtis Gr tiled Copy wailed to ait D Judges and_Sup Court U.S. eee 2-15-7224 22=_ Motion to Allow Pp. et De Soote-fiied ~2-15-72 ~12 12m Order granting Motion to allow payment of Deposition Coste filed mailed to-all_attys ead three Judges———___________ _ Copies —Bas-72,28- ~lateae, of semstet-te-centitp.onsend_b teenente-canies-sesced-slong with —_ ~ A> 11-CA=143,A=21=CAn] 44, 4 A-216CA- oul 28-22 | BO — “Net ice. of Appeal ca the Supreme. Court af the U8. in Gieil A-Di-CA-145 filed _.2>28- eT pein 2-28-22 Si>___Deposition Mr._David M. McNeely filed mS —[at-aalance of funda deponitad Regiatey Actout_of Auatia hati Bank be Roberts. -73 M 3 j92- le a | >18-73 5 93_ PETe 8-7-73 — BS- “8-17-73 96-_ ——$ “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 Vv 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 vi é 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. es 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 12-27-73 / 12-28-7 12-28-7 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” 78 Dats SS ar Sat ee Sm PROCEEDINGS |e Judgment at “14-76 -lo-74 “16-74 34238 24-16 1-24-76 28-74 28-74 28-74 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 L » 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, | i 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 [7 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 i 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 oe Se Laked . A2-b2=22 I 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 ; -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 2 105 Oval D ana of Ceaufard C. Martin (originally filed ~3=22)-(see-ia 1 i 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). $00.00 George Schataki, Special Master Hea — i a 21-22} -223- 2 ards, Attorney for Pleint itty. tie Copy to Judge Roberts. OVER Continued . a 7TL-CA=163 = eee Soe — erases l28- Brief rding Further Iseuee to be Determined by the Court Subattted by ‘ - ” | ss Dalise Republican Intervenore(Seme! Keil, Et al), Filed. Copy to Judges TD _ (Dalles Repubdlicans were Intewvenors in A-7\+CA-143 and 144). if | A29-Order entered by Managing Judge Wayne Justice setting trial date of DEC. #, | j (1973 at 9:00 a.m. at Austin, Order aleo grants all petitions for interventian } pending before the panel. 10-18-73 | 130+ Motion to Intervene in A-71-CA+142)63)44 S145 only by Rosa Maria Gonaziez, Moreno. _ et al(one copy only filed in A-?1-CA=142 Instr. @10P)(Legel Defense Fund) at JUc18-)3 131+ Motion to Intervene filed by Collis &. Cannon & Cleveland Nisby(ell 7 cavepy = Legislative Redistricting Plan and Supporting Brief of Pitf.-lntervenora . . ‘ pry ghia, fs al District 32) filed (eee paper in A-21-GA-142 . 1TH = Prop Plane of apportionment for Nueces 6 ludvock filed (#ee@A-71-GA-142) 1-11-74 160 Proposed plans of apportionment for . ..:Galveaton,Mclennan & Jefieraoa . a i filed (eee A-71-GA-142) . ee TEL-76 [141- Proposed legislative district plan Travia County tiled (see A-71-GA~142) i ” + (See G6Cket ShEST A7ISCA+1R2 for all docket entries during rehearing ’ ‘ i , Majority Memorandum Qpinioa and Order (Judges Justice and Goldberg) filed.* 1-28-74 | FINAL JUDGMENT ORDER PURSUANT TO MEMO. GPINION, FILED. 3-35-78) hosed ss eg 7 ISN LI #Ninority opinion Cudge John F. Wood, dissent ing) Tiled fh A+71-CA-162 ontyy ° STIS N142- Supreme Court U.S. Order that the Court has -PROBABLE JURISDICTION A-?L-Ga- LET 186 & A-73-CA-1LS filed STQPrE | vn 7 ap Gor aaa ® on e “ poy ' OTHER canner year "% Soresau Bares Wfrk Ae~)-CA-147.J23, 140 2 73 | 146 oh fn s| “ | x lio *(end A-73-CA-§15 & 155) . PLAINTIFSS side eel 73th i$ 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. 8 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: (r 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 ve 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 at 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.’ u 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 . i 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 a ene = SE — — ee ’ —_— — —— ——— ere eee — — a ae — = - — = — Seg —_ . —a ———— - ‘ te ee ee = “ - Saneieneee: ee es sete —— . “ ———$——__—— — ee — — a wx PNP ER ION EI oh get rg OO YEO Were ase ae 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 ed 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 ts L-3-/ a 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 t) 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 [9 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 ), 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 tw (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 te \-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 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 es 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 ts (-3 | 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 ts 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: A Q 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 u ) -sa-) ww 0 at the moment? A Q A Q 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? A Q 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. A Well. it is working class population, and it's about 50 percemt white and 50 percent black and a sprinkling of Chicanos. Q And I’il ask you what the economic level of income is in that area, if you know. A Q 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 te [-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 (-53-] - 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 ts . (-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 UNITED STATES DISTRICT COURT 68 TYLER TEXAS 214) $93-7720 [-s6-] 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: Q 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? © Q 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? A Yes, sir, I think you could knock on a good + RDM em Se No, not at this time. MRS DOROTHY DAUGHERTY OFF Cray COURT REPORTER UNITED STATES DYSTANT? COURT 59 YER TERAS 214) 993-7720 te (-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 te [-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 tw [-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 te (-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 te [-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 'w [-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 J | 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 ee 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. 9 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 a 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 te 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---. Q a State Representative, lives in a precinct with a mean family income of $14,000.00. Is that correct? A Q A Q $18,288.00 mean family income. It is 99 percent white and one percent brown. Is that correct? A Q the mean family income is $12,737.00. It is 95 percent white and 5 percent brown. Is that correct? A Q in that northeast portion of the county in a census tract where the mean family income was $17,368.00. Is that correct? A Q 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 te | -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 te (-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, \s looking first tc the Webber race, Mr. Bobby Webber received oval eV 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 oreiciay COURT eEPORTER werTeD stares OVSTAICT COURT My vem Teaas 214) $99 7720 RST EK BETS : - 6 BERIT CS PE RR RN ng Beene! ts _[-a6-] 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 sree TENAS Dit $99 770 = - ae ed = eater <> « reey i i | 4 so yt perme paces ( 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 io : 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 oreec 1 ¢ a COoRT eFPORTER um TED STATES O'STACT COURT Tyee TEAS 214 9937720 ine Oe Mt BS, when we study the case. BY MR. GLADDEN: Q In addition to Plaintiff's Exhibits Nos. 16 and 17, there is in evidence Exhibit No. 19, which is a clipping which was circulated in Tarrant County, was it not, by one of the Republican candidates for the Legislature? 7 It's a reproduction of a handbill circulated by a Republican candidate. Q And that was circulated in the Tarrant County area. Is that correct? A Yes, it was. Q And it does reflect a position by that Republican candidate on the issues of busing. Is that cor- rect? A Yes, 1% does, Q It suggests his Democratic opponent favors busing, and he is opposed to it? A That's right. Q New then, Plaintiff Escalante's Exhibit No. 21 is also a series of newspaper clippings. Is that not correct? A That's correct. Q In that connection this is a series of articles that were prapared and published in the Wednesday -- MRS DOROTHY DAUGHERTY OFFICAL COURT @E PORTER UNITED STATES OFST@rc? COURT TYLER TEmas 214) $93.7?20 [ -93- ] or in the Fort Worth Star Telegram during the last week or , two. Is that correct? 3 A Yes, wednesday, November 21st. | 4 Q And it pertains to -- you said November 2lst? | 5 A November 2lst. | Q It pertains to the community attitudes on : housing and insofar as ethnic living in housing areas, does gs | it not? 9 A Yes, it does. 10 Q And this was actually taken by you out of i the newspapers. Is that correct? 12 A That's correct. 13 Q And it was circulated in Tarrant County? 4 | A Yes. 1s hR. GLADDEN: We tender Plaintiff Escalante's 6 | Exhibit No. 21 in evidence. 1? MR. YORK: Your Honor, we have the same objection that we previously urged. | JUDGE GOLDBERG: Same ruling. Q In that connection, Mrs. Fischer, the Plain- ay tiff's Escalante exhibit does relate to some people's atti- tude on housing in the Tarrant County area, does it not? i 23 | A Oh, yes, it does. M | Q Have you picked out just very briefly one ‘| or two instances or examples of what this newspaper quotes bes MRS DOROTHY DAUGHERTY OFFICIAL COURT REPORTER NITED STATES DISTRICT COURT 33 TYLER TERAS 214 $93.7720 te [-s4- | people as saying as to their attitudes on ethnic housing? A Yes, I have @ couple of examples. One is concerning Arlington where the Planning Department in Arlington is quoted as saying, “Negroes have the most ob- stacles to overcome,” and they were talking about the avail- ability of housing in Arlington. It went on to say, “Arling - ton has a very small black population. It is a ghetto-type population," and they pointed out there is, you know, evidence of what the city did for the area before the Civil Rights Act. It had a dilapidated school at one end of the street, and when the Civil Rights Act was in the process of going through, they ran and built a small swimming pool, not as large as many white families have in their own back yard, at the opposite end of the street. Then another of the quotes that came up from the Watagua residents who said that he wanted to remain anonymous. He said, "The reason people like Watagua is there is no city tax and no Negroes.” The city secsetary of Watagua, Mr. Noel Meadows, spoke of the absence of blacks in the city saying, "We don't discourage them, but then you wouldn't say we encouraged Africanos to live in the city eitner.” This is two I have picked out. There are many others in the newspaper article that reflects about the same thing. } MRS. DOROTHY DAUGHERTY OFFIC AL COURT REPORTER UNITED STATES DISTRICT COURT 4 TYLER TEKAS 214) 993.7720 oe JUDGE JUSTICE: What was that term, Afri- canos? TdZ WITNESS: Atricanos. Q Incidentally, Mr. Meadows’ wife was a dele- gate to the National Convention for George Wallace, was she not? A Yes, sue was. Q And she's City Manager of the City of watagua in Tarrant County? A That's correct. e And that is one of the areas up in the north portion of the county where there is no showing of any etanic population. Is that correct? A That's correct. MR. GLADDEN: At this time, Your Honor, we woula laxe to tender Plaintiff Escalante's Exhibits 18(a) through (i), Xerox copies of a series of these slate cards. We would like to tender the originals to the Court so tne Court can see the manner instead of the fact that they were all put on one xerox page, we would like to tender those to the Court. They have been previously, of course, identified and shown to the State. JUDGE JUSTICE: Is there objection? MR. YORK: No, Your Honor. MRS DOROTHY DAUGHERTY OFFICIAL COURT REPORTER UNITED STATES DISTRICT COURT TYLER TERAS 214) $93-7720 fom ac alia PEEP ESO REN oe tw JUDGE 1 USTICE: They will be received in [-96- | evidence. MR. GLADDEN: At this time, Your ltlonor, we would like to ask Mrs. Fischer---, BY MR. GLADDEN: Q Mrs. Fischer, in connection with the prepara- tion of this map, I'll ask you whether or not you have done some work’ in an effort to atterot to suggest to the Court how lines can be drawn in Tarrant County so as to be repre- Sentative of both the ethnic and economic, as well as the political makeup of the district. A Q Yes, I did. And is that an overlay identified as Plaintiff's Exhibit No. 1(f)? A That's correct. MR. MARTINEZ: Your Honor? JUDGE GOLDBERG: Yes, MR. MARTINEZ: We believe he's going to go into the plen at this time, and we would object to any evidence along that line. MR. GLADDEN: Please the Court, the reason for going into the exhibit, there are two reasons. Number one is we feel like it is imperative that we demonstrate to the Court that a plan can be MRS DOROTHY DAUGHERTY OFFICIAL COURT REPORTER UNITED STATES DISTRICT COURT 86 TYLER TEXAS 214) 593-7720 {-97-) presented to the Court which would satisfy the constitutional inequities that we say exist, that we can demonstrate to the Court that the ethnic and economic makeup of our district is such that it can bé constitutionally satisfied by draving nine lines. That is the first primary thing. MR. MARTINEZ: Your Honor---,. JUDGE JUSTICE: One moment. (REPORTER'S NOTE: Court here confer out of the hearing and presence of the court reporter.) JUDGE GOLDBERG: What is your objection? MR. MARTINEZ: I believe she can testify to that without presenting the plan. JUDGE GOLDBERG: I don't understand he is offering this exhibit as a plan that in any event bears the imprimatur of any party. He simply wants to establish, for whatever good it may be, that ther is a plan that could satisfy what Mr. Gladden says is a constitutional right of the Plaintiffs and Intervenors in this case. I don't think he needs a chart to show this. I agree with you that he could ask it in question form, but for some reason he MRS DOROTHY DAUGHERTY OFFICIAL COURT REPORTER 97 UNITED STATES DISTHICT COURT TYLER TERAS 214 $93.7720 Pp Le) thinks he must get it in graphic form. I think everyone has been told to present plans sealed. Isn't that correct, Judga? JUDGE JUSTICE: No, those who were not actual parties to the litigation were to submit sealed plans. JUDGE GOLDBERG: Oh, I see. I think we'll admit it only for feasibility, and I want you to understand that is the only thing it will be considered for. There is a plan whereby your people could be satisfied -- I mean whether or not it has to be done or the Constitution re- quires more or less is not goirg to be solved necessarily by this document. MR. GLADDEN: This is correct, Your Honor, and we will file with the Court -- it is my under- standing that the order directed non-parties to file sealed plans. There was no reference made as to whether or not the parties would be afforded an opportunity to present plane or not. We will file with the Court a plan, but at this point in time we would like to offer this evidence to demon- strate the economic and ethnic makeup for the purpose of showing a plan could have been devised by the Texas Legislature and wherein these consti- MRS. DOROTHY DAUGHERTY OFFICIAL COUR, REPORTER UNITED STATES DISTRICT COURT TYLER. TEXAS 214) $93-7720 98 (-99-] tutional inequities could have peen satisfied. 3 BY MR, GLADDEN: 4 Q Now, in that connection, you have prepared a plan, have you not? You have drawn lines? 6 A Yes, I have. ? Q And that is PlaintifzZ Escalante's Exhibit 8 1(f)? a | A Tnat's correct. 10 ©° In that connection, I'll ask you whether or not you have identified these by census tracts. is a yes, I have. 13 Q And the Plaintiff éscalante's Exhibit 1(g) is a summary of the information which shows those lines by i$ | census tracts. Is that correct? 16 | A That's correct. Oo Q Now then, I'll ask you whether or not in that connection you have developed a summary of the popula- [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_1627%3A02. Public record. Not legal advice.