# Appendix — Connor v. Finch > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385004_0972%3A03 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1977 - **Citation:** 431 U.S. 407 ## Text Supreme Court, U. 3, ~ FILED z “ APPENDIX Py Ses VOLUME I MICHAEL RODAK, JR., CLERK —— —-— In the Supreme Court of the Gnited States Octoser Term, 1976 Nos. 76-777, 76-933, 76-934, 76-935 Preaoy J. Connor, et au., Appellants v. Ouirr Firxcn, Governor or tHe Strate or MISSISSIPPI, ET AL. Curry Fixcn, Governor or tHe State or ; Mississippi, ET AL., Appellants v. Proc: J. Connon, et aL, aND UNITED Srates or AMERICA Unrrep Strares or Amenica, Appellant Vv. Curr Finca, Governor or THe State or MISSISSIPPI, ET AL, Peocy J. Connor, et au., Appellants v. ¢ Curr Fixcu, Governor or THe Stare or MISSISSIPPI, ET AL. APPFAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI —_-_—— DOCKETED DECEMBER 8, 1976, AND JANUARY 5, 1977 PROBABLE JURISDICTION NOTED DECEMBER 8, 1976 AND JANUARY 17, 1977. TABLE OF CONTENTS : Page TT he eee ee Pecasccpcceccccese I-1 Complaint (October 19, 1965)............ ae I-37 Plaintiffs’ Exhibit 19 (May 17, 1971) (excerpt)...... 1-47 —T of Proceedings (February 7, 1975) (ex- thin Mine 6 tas cadered 900 cess cee ses I-51 Juisaens (April 11, 1975)......... weutiesahh ties 1-52 Amended Complaint for Injunctive and Other Equi- table Relief (April 15, 1975) (exhibits omitted). . Transcript of Proceedings (May 7, 1975) (excerpts). . "170 Plaintiffs’ Exhibits (May 7, 1975).................. I-71 P-6 Deposition of Harold E. Sweeney, Jr. (ex- lll ie IIS ae FR 1-71 P-7 Deposition of Dr. James W. Loewen (exhibits EE Telia cones nen gaccas ¢hese*s 1-117 P-8 Deposition of Dr. Gordon G. Henderson (ex- i re hoo co hee st sasicngces 1-155 P-9 Interrogatories of Honorable J. Stanley Pot- — tinger (exhibits omitted)................. 1-200 P-10 Deposition of Rims Barber (exhibits. DTT Sietia a dale etanadacenbeseceee 1-221 P-17 Transcript of February 7, 1975 Testimony of Dr. David Valinsky (exhibits omitted)... I-281 P-19 Valinsky Plan for Mississippi House of POD cc ccssccaccedeecdsecsecese 1-325 P-20 Valinsky Plan for Mississippi State Senate. I-346 P-25 Deposition of Henry J. Kirksey (exhibits DT iced coc ceeees a reenessccetesa 1-360 P-32 Kirksey Plan for Mississippi Senate (map i ct ites ate ees ns o0%¢ceeees«* 1-410 P-33 Kirksey Plan for Mississippi House of Rep- resentatives (map omitted)............... 1-419 Transcript of Proceedings (May 7, 1975).......... II-1 Witnesses : Dr. Gordon G. Henderson (exhibits omitted)... I-1 Mr. Rims Barber (exhibits omitted)........... II-81 Henry J. Kirksey (exhibits omitted)........... TT-114 Order Allowing United States to Intervene as Party- Plaintiff (Jume 11, 1975)... .......... ee ceeeeees 11-128 Complaint in Intervention of United States (June 11, DT SERRE GeEEEReebeseeberbeescdccccsoccoce IT-129 Analysis of House Bill 1290 and Senate Bill 2976 by United States (June 20, 1975).................. TT-135 Transcript of Proceedings (June 20, 1975) (excerpt) LI-177 Order Pursuant to Remand by the ‘Supreme Court of the United States (Jume 25, 1975)............... II-178 Order Establishing Certain Temporary Districts for the Election of Senators and Representatives in the Mississippi Legislature for the Year 1975 Only Fe Rr err err TT-183 Order Establishing Certain Temporary Districts for the Election of Senators and Representatives in the Mississippi Legislature for the Year 1975 Only oS FR et ree IT-207 Plaintiffs’ -Motion to Alter or Amend J judgment (July 21, 1975) (exhibits omitted)......./...... II-239 Motion of United States for Amendment of Judgment (Delp Bh, BOUND dc chcciwovens dyesssocvesess vee. 11-252 Order on Motions Filed by Plaintiffs and Plaintiff- Intervenor to Alter or Amend (August 1, 1975).. I1-254 Order Regarding Use of U. S. Census Bureau Popula- tion Statistics (August 1, 1975)..............+5. 11-256 Alternative Plans Submitted by the United States Pur- suant to Order of July 11, 1975 (October 31, 1975) (map exhibits omitted)................0ee005: ITI-1 Request for Hearing Date by United States (Janu- 2 & Sa ere: Pr Aree rr Aer ITI-78 Order Deferring Further Hearing and Decision (Janu- en Gh SIRs kwincn cc cepeeeods cocccacesannsses _ Preliminary Observations of Judge Coleman (June 1 OUND ous cogedsocennnéeedeibbcesdnscéecanneion rst Transcript of Proceedings (June 15, 1976) (cxcerpt) III-89 Plaintiffs’ Motion for a Prompt and Immediate Deci- sion on a Final Court-Ordered Legislative Reappor- tionment Plan and Special Elections (August 2, BOOED ccccéncegécncccecedusdnsecésconemesosen ITI-91 Order Regarding Reapportionment of Mississippi State Senate (August 24, 1976)............... [11-94 Order Regarding Reapportionment of Mississippi State House of Representatives (September 8, BOGE 6accdicccccs cobévhensaeadeesaseunaenauee IT-117 Plaintiffs’ Motion for Special Election Relief (Septem- Bae GO, Wives ccccccceveteccécndensasisenenes III-139 ill Proposal by United States for Special Elections (Sep- EP en re Se ITT-142 Plaintiffs’ Motion for Special Elections (House Plan) EEE TTI-146 Plaintiffe’ Motion to Alter and Amend Judgment and Plaintiffs’ Objections to 1976 Court-Ordered Legis- lative Reapportionment Plan (September 20, 1976) SO I ig nis on nev ent cnckridinnches ITT-160 Proposal by United States for Special Elections (Sep- Sy Se etn ents conceesenchedess Benn TTI-169 Letter dated September 28, 1976 from William D. Neal to Honorable J. P. Coleman, Judge............. ITT-174 Memorandum from Special Master re House of sentatives (October 7, 1976).........-.......%. _ITI-177 Plaintiffs’ Supplement to Motion to Alter or Amend Judgment (October 8, iy ET eM el ITI-182 Letter dated October 19, 1976 from Frank R. Parker to Honorable J. P. Coleman, et al................. III-197 Objections of the United States to Plans for the Re- districting of the Mississippi Senate and House of Representatives Contained in the Court Orders of August 24 and September 8, 1976 (October 22, SD ko Chikidinding Oth otneedt on éneontintensanietins ITT-206 Order Amending the Reapportionment of the House of Representatives (November 12, 1976).......... ITI-220 Final Judgment (November 18, 1976)............ ITT-232 Plaintiffs’ Notice of Appeal (November 18, 1976).. ITI-249 Plaintiffs’ Motion to Alter or Amend Judgment (No- ee ee ITT-250 Order by the U. S. Supreme Court Noting Probable Jurisdiction (December 8, 1976)............... ITI-259 Letter dated December 17, 1976, from Honorable James P. Coleman to the Clerk, U. 8. District Court, attach- ing Special Master’s Report dated December 8, 1 ITI-260 Order Amending Previous Judgment (December 21, ST adhogsesb eueeeieaudiedatescendecethease ITI-279 Plaintiffs’ Notice of Appeal (December 27, 1976).. 111-283 United States’ Notice of Appeal (December 28, BED ccbuleud deWied ede edddcccccccecceseces ITI-284 Orders Noting Probable Jurisdiction............. IT1-285 Docket Entries . Unrrep StarTes Disrasor Coyrt ror THE SouTHERN 10-19-65 10-19-65 10-19-65 10-27-65 11-6-65 11-6-65 12-3-65 12-17-65 12-17-65 12-17-65 12-29-65 District, or MississipPi Complaint, original and eight copies, filed. Summons, original and five copies, copies having attached thereto copy of complaint, issued and handed U.S. Marshal. Copy of complaint mailed to Judge Harold Cox. Designation of Hon. James P. Coleman, United States Circuit Judge, Hon. Dan Monroe Russell, Jr., United States District Judge for the South- ern District of Mississippi and Hon. William Harold Cox, United States.District Judge for the Southern District of Mississippi signed by Judge Elbert P. Tuttle, Chief Judge of the United States Court of Appeals for the Fifth Circuit, to hear and determine the action, filed and entered OB, 1965, Page 1040. Motion of Defendants for additional time within Motion for More Definite Statement, with certifi- ORDER: for good cause shown on Motion, de- fendants are granted 45 additional days within which to make defense to this cause in any man- ner permitted by the Federal Rules of Civil Pro- cedure, filed and entered OB, 1965, Page 1052. Motion of Plaintiff for a hearing on their appli- cation for preliminary injunction as soon as pos- sible and in any event prior to January 4, 1966, the date the Mississippi legislature will convene in regular session, with certificate of service, filed. Defendants’ Motion to Drop Party, with certifi- - cate of service filed. Defendants’ Motion to Strike and Alternative Motion for More Definite Statement, with certifi- cate of service, filed. Defendants’ Motion to Dismiss and Alternative ’ Plea in Abatement, with certificate of service, filed. Notice of cal’ for setting three-judge cases on ~ (1) 4-18-66 5-17-66 6-22-66 7-1-66 7-7-66 7-12-66 7-13-66 7-12-66. 7-12-66 7-15-66 7-15-66 2 January 7, 1966 at 2:00 P.M., at Jackson, Miss., mailed to attorneys of record. Motion of L. H. Rosenthal, attorney of record, to ‘withdraw as counsel for plaintiffs, with certifi- cate of service and notice, filed. Order granting L. H. Rosenthal leave to with- draw as counsel on the motion filed 4-18-66, filed and entered O.B. 1966, Page 349. (Copies mailed to attorneys, also copies mailed to 3 Judges). Notice of trial at Jackson, Miss. at 9:00 A. M. on July 15, 1966, together with calendar, mailed by registered mail, return receipt requested. Defendants’ Motion for Summary Judgment with Exhibits ‘‘ A’’ and ‘‘B’’, certificate of service and notice of hearing on July 15, 1966, at 9:00 A.M., Jackson, Miss., or as soon thereafter as possible, filed. Notice of Appearance of R. Jess Brown as at- torney of record for plaintiff, with certificate of service, filed. Defendants’ ANSWER, with Certificate of Serv- ice, filed. Plaintiffs’ Amendment to Complaint, with Cer- tificate of Service, filed. Defendants’ Motion to continue this case hereto- fore set for trial on July 15, 1966, and reset for trial at a later date with notice of hearing on July 15, 1966, at 9:00 A.M., in the U.S. District Courtroom at Jackson, Miss., with attachments and Uertificate of Service, filed. Defendants’ motion for the Court to determine by Order, as provided by Rule 23, Fed. Rules Civ. \_ _- Proc., as amended February 28, 1966, effective July 1, 1966, whether the entire action is to be maintained as a class action and if so, whether notice should be given to members of the class, with notice of hearing on July 15, i966, at 9:00 A.M., in the U.S. District Courtroom, Jackson, Miss., with Certificate of Service, filed. Defendants’ Answer to New Allegations with certificate of service, filed. (Copies handed three judges in courtroom). Sworn affidavit of Thompson McClellan, filed. (Copies handed three judges in courtroom). . gee Seen OR ae 7-15-66 722-66 7-22-66 8-15-66 8-15-66 8-15-66 3 f EXHIBITS: Received and filed Plaintiff’s 1 thru 13. (Copies made for three judges) (THE EXHIBITS ARE ON A SHELF IN THE EXHIBIT ROOM). FINDINGS OF FACT AND CONCLUSIONS OF LAW: ‘‘In the event the Legislature does not enact an acceptable plan on or before Decem- ber 1, 1966, this Court will proceed with its own plan by which the new legislators and senators are to be elected. That which has herein appeare | shall constitute the findings of fact and conel):- sions of law in this case, and an order according! will be prepared and entered by the Court. Any motion, plea, or pleading not herein disposed of may be considered as left pending the final Judg- ' ment in the cause, and, as already stated, we do not here deal with the matter of Congressional Redistricting.’’, filed. ORDER Directing Reapportionment of the Sen- ate and the House of Representatives of the Legislature of the State of Mississippi, filed and entered OB 1966, Pages 473, 474 and 475. Motion for certain documentary material offered into evidence, requested by the Court at the con- clusion of the hearing on the merits on July 15, 1966; be admitted into evidence as exhibits sub- ject to such objections as may appear of record in. said depositions, and subject to the ruling of the Court, with certificate of service, filed in tripli- cate. Motion by defendants for admission into evi- dence of certain documents with Notice of Motion and certificate of service, filed. Defendant’s Motion objecting to the admission into evidence of certain documents offered by motion of plaintiffs filed on July 25, 1966, with notice of Motion and Certificate of service—filed. Deposition of Charles M. Hills (Original and three copies) taken July 22, 1966 at Jackson, Miss.—filed. Deposition of James S. Saggus (Original and three copies) taken July 22, 1966 at Jackson, Miss.—filed. Deposition of J. Harold Flannery (Original and 8-15-66 8-15-66 9-30-66 9-30-66 10-28-66 10-31-66 10-28-66 12-2-66 4 three copies) taken July 22, 1966 at Jackson, Miss. with exhibits—filed. Court Reporter’s transcript of Stipulation (orig- inal and three copies) taken July 22, 1966 at Jackson, Miss., with one set of exhibits—filed. Stipulation of Parties with Exhibits 1 and 2 (original and three copies )—filed. PER CURIAM OPINION: ‘‘That which has herein appeared shall constitute the findings of fact and conclusions of law in this case, and an order accordingly will be prepared and entered by the Court.’’, with attachment, filed. (Anne Crews advised that copies of Opinion mailed to attorneys by Judge Coleman’s secretary). FIRST FINAL JUDGMENT: Order approving and adjudging House Bill No. 911, Mississippi Laws 1966 to be valid and proper and dismissing claim of the Plaintiffs attacking validity thereof with prejudice at plaintiff’s cost; This court reserves and retains full jurisdiction of the claim involving reapportionment of the Legislature of Mississippi pending special session of the Legis- lature, filed and entered OB 1966, Pages 693 and 694. (Copies mailed attorneys) (Aune Crews advised that she mailed copies to judges on 9-26-66). Plaintiffs’ Notice of Appeal to the United States Supreme Court from Judgmnt entered 9-30-66, with certificate of Service, filed. Copies of Notice of Appeal mailed three judges. Cash bond on appeal in the amount of $250.00, filed. ORDER FOR BRIEFING TOWARD DISPOSI- TION OF CASE: ordered that plaintiffs file their brief on their contentions as to the validity of such newly enacted state legislation and to deliver copies of such brief to the members of this Court and to the opposition on or before noon on 12-17-66; defendants are ordered to file their brief and to deliver copies of such brief to the members of this Court and to the opposition on or before noon 12-27-66; the plaintiffs may re- spond to such brief in like manner on or before ee eee ee 12-2-66 12-16-66 12-16-66 12-17-66 12-17-66 12-17-66 12-23-66 12-27-66 1-4-67 1-9-67 1-10-67 1-10-67 5 noon on 12-31-66; the Clerk of this Court shall notify counsel for both sides today of this order and send them a copy thereof, filed and entered OB, 1966, Page 905. At the direction of Miss Anne Crews, Mr. Alvin Bronstein and Mr. Martin McLendon and were read the Order filed 12-2-66; Judge Russell was handed a copy and Judge Coleman was mailed a copy. After Mr. Bronstein and Mr. McLendon were called they both requested that they come by and pick up the Order rather than have it mailed—which they did. Brief of Plaintiffs, filed. Plaintiffs’ Motion to Amend Complaint, filed. Order allowing amendment to complaint as set out in plaintiff’s amendment to complaint, filed and entered OB 1966, Page 941. Plaintiffs’ Amendment to Complaint, with Cer- tificate of Service, filed. Certificate of Service by plaintiffs’ attorney, showing service of a copy of the Brief of Plain- tiffs on defendants’ attorney, filed. Plaintiffs’ Motion for extension of time to com- plete the docketing of the appeal with the Su- preme Court of the U. S. up to and including January 23, 1967, and certificate of service, filed. ORDER: that the time for the docketing of the above-captioned case with the Supreme Court of the United States, the filing of the jurisdictional statement and all matters ancillary thereto be and it hereby is extended up to and including January 23, 1967, filed and entered OB 1966, page 952. Copy of Reply Brief of Plaintiffs, signed by R. Jess Brown and Alvin J. Bronstein—filed, pursu- ant to order of Court. Defendants’ Answer to New Allegations, with certificate of service, filed. EXHIBITS: D-1 through D-3, filed. ORDER: The defendants are afforded an oppor- tunity and are invited within five days after this date to articulate the reasons for the variations and disparities appearing on the face of the legis- lative enactment in suit. A copy of this order 1-13-67 1-16-67 1-18-67 1-19-67 3-2-67 6 shall be served by the United States Marshal on the Attorney General of Mississippi as due notice hereof today, filed and entered OB 1967, Pages 17 and 18. Argument by Plaintiff’s Counsel with Court Re- porter’s certificate, filed. Response to show cause order, with certificate of service filed. Copies of Senate Bill 1501 through 1505, ad- dressed to Gov. Paul B. Johnson on 11-10-66 to Extraordinary Session of Mississippi Legisla- ture; Amendments to Senate Bills 1501 through 1505; Senate Concurrent Resolution No. 101-107 with attachments; with certificate of Havis Sartor, Secretary of the Senate, filed. Copies of House Bill Nos. 3, 4, 5, 31, 33 and 34 with certificate of Roman Kelly, Clerk of the Miss. House of Representatives, filed. OPINION (Judges Coleman, Russell and Cox) establishing Districts for the election of 52 Sena- tors and 122 Representatives in the Mississippi Legislature; parties to suit may, within 10 days file one complete proposed plan for the reappor- tionment of both Houses of the Legislature for the entire State, such plan to be accompanied by short memoranda or briefs, at opinion of parties, after which the plan will be thoroughly con- sidered by the Court; the Court will then enter its interlocutory order implementing this opinion and changes, if any; this opinion to constitute the Court’s finding of fact and concludes as a matter of law that reapportionment herein devised com- plies with one man one vote rule; the Court retains jurisdiction that it may act upon any plan of Reapportionment hereafter enacted by Leg. of State of Miss.; the order of the Court shall pro- vide for a copy of this opinion and order imple- menting same duly certified to be served upon the Governor, Attorney General and Secretary of State by the U. S. Marshal, and all Legislators shall be elected and hold office as herein provided until further order of this Court—filed. (Extra copies in drawer in Xerox room). 3-10-67 3-13-67 3-27-67 3-29-67 3-25-67 3-10-67 3-23-71 3-24-71 3-24-71 7 Plaintiffs’ Proposed reapportionment plan and supporting memorandum with certificate of serv- ice, filed. Court reporter’s transcript of proceedings taken 7-15-66 before Judges Coleman, Cox and Russell, filed. INTERLOCUTORY DECREE: Court finds plan submitted by plaintiff suggesting changes and realignment of Counties in Districts 8, 14, 39 and 40 to be ‘‘ without merit’’; sets forth number of senators and legislators and directs Clerk to mail copies of decree to the Governor, Attorney General and Secretary of State of the state of Mississippi, filed and entered OB 1967, Pages 250-254. OPINION of Supreme Court of the United States PER CURIAM, The Motion to affirm is granted and the judgment is affirmed. MR. JUS- TICE DOUGLAS is of the opinion that probable jurisdiction should be noted and the case set down for argument, filed. Certified copy of JUDGMENT of the Supreme Court of the United States granting the motion to affirm and affirming the Judgment of the Dis- trict Court, filed and entered OB 1967, Page 299. Copy mailed three judges. Final J. S. 6 card (at direction of Judge Cox) Notice of Motion of Defendants for approval of apportionment plan of Miss. Legislature at a time and place convenient to the Court with at- tached motion certificate of service, with Exhibits 1 through 5 attached, filed. (JS 5 Re-op. at direc- tion of Judge Cox) Copy of above Notice of Motion and Motion with attached exhibits forwarded to Judges Coleman and Russell, Judge Cox directed his placed in file. ORDER: Directing plaintiffs and defendants to file parallel briefs within fifteen days, addressed to the validity or invalidity of House Bill 515 of the laws of Mississippi of 1971 approved by the Governor on March 23, 1971, setting out certain points for parties to brief on. ORDERED by 3-31-71 3-31-71 4-8-71 5-12-71 5-13-71 2-14-68 4-3-68 5-17-71 5-17-71 5-18-71 5-18-71 8 direction of the panel, signed by Judge Cox, filed and entered O.B. 1971, Pages 326 & 327. Notice of Appearance of Constance Iona Slaugh- ter as one of the attorneys of record, for plaintiff with cert. of service, filed. Motion of R. Jess Brown, Attorney for leave to associate George Peach Taylor as Co-Counsel for plaintiffs, with cert. of service and Cert. of Good Standing from Northern Dist. of Alabama, filed. Plaintiff’s objections to House Bill 515, with cert. of service, filed. Notice of Appearance of John L. Maxey, II, Geraldine H. Carnes, and Danny E. Cupit as additional counsel for plaintiffs, with certificate of service, filed. Plaintiff’s Additional Objection to House Bill 515, with certificate of service, filed. (Copy handed Judge Cox and Judge Russell) Form letter addressed to Hon. Martin McLendon, Asst. Attorney General, State of Mississippi, notifying that within 45 days EXHIBITS would be destroyed if not picked up. EXHIBITS destroyed. Plaintiff’s Motion for Affirmative Relief, with cert. of service, filed. Plaintiff’s Exhibits 1 thru 22, filed. (Exhibit 12 A, B & C are large maps placed in vault.) (Copy delivered to Judge Coleman by Plaintiff. Copy handed Judge Cox by Ann Crews. Copy handed Mrs. Randolph for Judge Russell) Objections of Attorney General of Mississippi to Proposed Reapportionment Plans filed by the plaintiff, with cert. of service, filed. (Copy handed Judge Russell. Copy handed Mrs. Rich- mond for Judge Cox. Copy handed law clerk for Judge Coleman. ) OPINION and JUDGMENT: (Judges Coleman, Cox and Russell) All elections to be held district — wide; districts electing more than one member all candidates shall qualify and be elected by posts; there shall be 33 Senatorial Districts for election of state legislators; (here opinion sets out each district described as to county, number of Senators, Total Population of District and Percentage of Population above or below norm per seat); the Court adheres to County lines (rather than beat lines) as the best, fairest & most effective method of delineating districts for the election of legislators in the State of Mis- sissippi; Hinds County is entitled to 12 represen- tative; Harrison to 7 and Jackson to 5 (without George) ; a County which elects 3 representatives or less presents no problem because candidates are required to run by posts, however when a County, within its own borders, elects four or more representatives it would be ideal if it could be divided into districts for the election of one member to the district. Under the reapportion- ment plan herein adopted by this Court, the counties of Hinds, Harrison & Jackson elect 4 or more senators or representatives; the time left available makes it impossible to obtain depend- able data, population figures, boundary locations so as fairly and correctly to divide these counties into districts for election of single members of the Senate or the House in the time for the elec- tions of 1971 however the legislature to be chosen in 1975 and 1979 will be based on the Census of 1970; This Court states that as of January 1, 1972 it expects to appoint a Special Master to take testimony and make findings as to whether the Counties of Hinds, Harrison and Jackson may feasibly be divided into district of substan- tially equal numbers in population for the elections of 1975 and 1979 and to file his recom- mendations with this Court for appropriate adjudication. As to this, jurisdiction is retained. The reapportionment plan herein set out as to all other Counties is final and subject to no further review by this Court. As provided by Rule 52 this opinion shall constitute the findings of fact and conclusions of law in this case. This opinion shall also constitute and is hereby expressly de- clared to be the formal JUDGMENT of this Court and shall be docketed as such; the respec- tive parties shall bear their own costs; a copy of 5-21-71 5-22-71 5-22-71 10 this opinion, duly certified shall be served upon each member of the Election Commission of the State of Mississippi and upon the Clerk of the Mississippi House of Representatives and the Secretary of the Miss. State Senate and due re- turn made of such service. The Clerk of the House and the Secretary of the Senate are re- spectfully requested to have this opinion printed as soon as possible for the use of the membership of the respective branches of the legislature. This being the action of a Court of the United States sitting in equity and not State Action and this being for the purpose of complying with the one man-one vote requirements of the United States Constitution involving no racial discrimination to the exercise of the franchise under the Fif- teen Amendment, we are of the opinion that it is not necessary that this reapportionment plan be submitted to the Attorney General of the United States or the Courts of the District of Columbia under the Voting Rights Act of 1965 as extended, 42 USC 1971, 1973 et seq. This judg- ment shall be in full force and effect from and after this date. Filed and entered OB 1971 Pages 759-784. Motion of Plaintiffs to alter or amend judgment of 5-18-71 or in alternative Motion for immediate appointment of Special Master with instructions, and for other relief with certificate of service, filed. Order Amending and Supplementing Judgment dated May 18, 1971, filed and entered OB 1971, P. 796-799. Certified copy served by U.S. Marshal on 5-22-71 on Heber Ladner and George Peach Taylor, and on 5-24-71 on John Bell Williams and A. F. Summer. Order overruling motion of Plaintiffs for ap- pointment of special master to create single member district in Hinds County, Filed and en- tered OB 1971, P. 800-801. Certified copy served by U.S. Marshal 5-22-71 on Heber Ladner and George Peach Taylor and on 5-24-71 on John Bell Williams and A. F. Summer. 5-24-71 5-24-71 5-24-71 5-24-71 5-25-71 5-28-71 6-3-71 6-4-71 6-5-71 6-7-71 1l NOTICE OF APPEAL of Plaintiffs and The Mississippi Freedom Democratic Party to U. 8S. Supreme Court with certificate of service, filed. Bond for costs on appeal in amount of $250.00 filed and paid into registry of Court. Motion of Plaintiffs for stay of judgment and injunction pending appeal with certificate of service, Certified copy of Notice of Appeal mailed John F. Davis, Clerk, U.S. Supreme Court. ; Order denying motion of Plaintiff to stay judg- ment and on alternative motion for a restraining order pending appeal, Filed and entered OB 1971, P. 806. (Copy mailed attorneys, handed Judge Cox (by sue) and mailed Judges Russell and Coleman) Court reporter’s transcript of hearing on 5/14/71 in Jackson before Judges Coleman, Cox and Russell, with certificate, filed. . Request to Clerk of Plaintiffs to certify and transmit partial record on appeal with certificate of service, filed. Certified copy of Per curiam ORDER OF SU- PREME COURT OF THE UNITED STATES: the judgment below is stayed until 6/14/71. The District Court is instructed to devise and put into effect a single-member district plan for Hinds County by 6/14/71 and extend the 6/4/71 filing date for legislative candidates from Hinds County to appropriate date so those can- didates and the State of Miss. may act in light of new districts into which Hinds County will be divided. Chief Justice, Justice Black and Justice Harlan dissent and reserve the right to file an opinion to that effect, filed and entered OB 1971, pages 868 thru 872. EXHIBITS: P-1 through P-3, filed. Dissenting Opinion of Supreme Court Mr. Jus- tice Black, with whom The Chief Justice and Mr. J wage wag join, bey ; an — — for J ox, Madge for usse said ie Gdusan: Filed and entered OB 1971, Pages 872-A thru 872-C, 6-7-71 6-8-71 6-8-71 6-14-71 6-14-71 6-15-71 6-15-71 6-15-71 6-15-71 12 Court Reporter’s Transcript of proceedings had on 6-5-71 at Jackson, Mississippi before Judges Coleman, Cox and Russell, filed. ORDER appointing William D. Neal as Special Master in this case to propose a valid plan, if such be possible, for division of Hinds County as directed by the Supreme Court, to be done and filed not later than 6-14-71, and sooner if possible; said Special Master shall file with this Court a written report of his findings, conclu- sions and recommendations ; Special] Master shall be allowed expenses and just and reasonable compensation for his services and other neces- sary costs as allowed and approved by this Court, to be taxed according to law. Filed and entered OB 1971, P. 884-887. (Copy handed A. F. Summer, Atty. General and 2 copies handed Houston J. Patton for George Peach Taylor and John Maxey) Oath of Special Master executed, filed. Report of Special Master William D. Neal with Exhibits A and B attached, filed. (Copy handed John Maxey, George P. Taylor and James A. Haddad (Atty. Gen’s. Office) Copy mailed Judge Coleman, handed Judges Cox and Russell) Notice te Attorneys for Plaintiffs and Defend- ants to file any exceptions, if any, to above report by noon June 15, 1971. Filed and entered OB 1971, P. 898. (Copies handed Maxey, Taylor and James Haddad for Attorney General) Motion of Defendants to modify Opinion, Find- ings of Fact, Conelusions of Law and Judgment of May 18, 1971, as Amended May 21, 1971 with certificate of service, filed. (Copy handed Judge Russell, Judge Cox and Mailed Judge Coleman) Response of Defendants to Report of Special Master, filed. (Copy handed Judges Russell & Cox, mailed Judge Coleman) Motion of Plaintiffs to refer certain matters to Specia) Master with certificate of service, filed. (Copy i «ded Judges Russell and Cox, mailed Judge Coleman) Objections of Plaintiffs to report of Special 6-15-71 13 Master with certificate of service, filed. (Copy handed Judges Russell and Cox, mailed Judge Co ) * . Motion of Plaintiffs for hearing of objections to Report of Special Master with certificate of serv- ice. (Copy handed Judges Russell and Cox, - mailed Judge Coleman) 6-15-71 6-16-71 6-16-71 6-16-71 1-26-72 Amendment of Plaintiffs to objections to report of Special Master with certificate of service with Appendix A, B and C attached, filed. (Copy handed Judges Russell, and Cox, mailed Judge Coleman) OPINION of Court on Remand from Supreme Court Staying Order dated 6-3-71 with Exhibits A and B (Exhibit B having exhibits A and B also) attached, filed. ORDER: Motion of defendants to modify former opinion and finding of facts and conclusions of law denied; Motion of Plaintiffs to re-refer case to Special Master denied; Candidates for office of Senator and Representative in the Mississippi Legislature for Hinds County for 1971 elections shall run and be elected from county at large and candidates shall have until noon, Saturday June 19, 1971, to qualify for said election; This Order is interlocutory in character and Special Master (William D. Neal) will not be discharged but remain available to the Court for further services herein if necessary ; Twenty-Five copies of this Order with supporting and underlying at- tachments shall be transmitted by the Clerk of this Court by air mail to the Clerk of Supreme Court of U.S. as the report of this court on its findings and clusions [sic] on the record made by Plaintiffs in this case. Filed and entered OB 1971, P. 1014-1017. (Copies handed Maxey for George Taylor, mailed A. F. Summer) Twenty-Five certified copies of Opinion with At- tachments and (Twenty-five certified copies of Order forwarded by air mail to E. Robert Seaver, Clerk, U.S. Supreme Court, Washington, D.C. Per Curiam Order from the Supreme Court. ‘* . ., the judgment of the District Court is va- 2-28-72 4-12-72 4-24-72 10-4-72 10-17-72 1-3-73 1-4-73 14 cated, except insofar as it applied to the 1971 elections, and the case is remanded to the District Court for further proceedings consistent with this opinion.’’, filed. ORDER: Certified copy of Order from Supreme Court: The judgment of the District Court is... ‘*vacated with costs, except insofar as it applied to the 1971 elections; and that this cause be, and the same is hereby, remanded to the United States District Court for the Southern District of Mississippi for further proceedings consistent with the opinion of this Court.’’, filed and entered OB 1972, Page 277. Bill of Costs in the sum of $100.00, with copy of letter from Supreme Court Clerk dated 2-23-72 attached, filed. Costs in the sum of $100.00 taxed. Certified copy of ORDER: Clerk of Court issue check in amount of $2,750.00 payable to Lawyers’ Committee for Civil Rights Under Law, repre- senting cash refund of cash bond on appeal in each of eleven cases listed, filed and entered OB 1972, page 1196. (DMR) Certified copy of ORDER: Clerk of Court issue check in amount of $750.00 payable to Lawyers’ Committee for Civil Rights Under Law, repre- senting cash refund of cash bond on appeal in each of above cases (3641, 3830 & 4808), filed and entered OB 1972, Page 1196 (DMR) Pitf’s. motion for appointment of special master with instructions, and reference to establish single member districts for Hinds, Harrison & Jackson counties, with cert. of service and notice of motion on 1/12/73 in Jackson before Judge Cox in Jackson, filed. ORDER FOR DEFERMENT: Pitfs. directed to immediately contact proper officials of Missis- sippi Legislature and make known their conten- tions and make available all date to enable Legis- lature to dispose of questions relating to Hinds, Harrison and Jackson Counties within time indi- cated. Action of the Court on appointment of a Master will be disposed of by proper order at a 1-26-73 2-9-73 3-13-73 4-5-73 15 later time., Ordered for the Entire Court, filed and entered OB 1973, pages 4&5. (WHC) (Cop- ies mailed Mr. Summer, Mr. Taylor and Judges Coleman & Russell. Anne Crews handed copy for Judge Cox) Motion of George Peach Taylor for leave to Withdraw as Counsel for Plaintiffs, with cert. of service, filed. Motion of pltfs. for leave to associate Frank R. Parker as Co-Counsel with exhibits attached, with cert. of service, filed. Defendants Submission pursuant to Order for Deferment and Motion for Approval of Appor- tionment of the Mississippi Legislature with Notice of Hearing at a time and place convenient to the Court, certificate of service and attach- ment, filed. ORDER FOR PLAINTIFFS TO SHOW CAUSE: Pitfs. are cited to show cause on 4/20/73 at 9:00 AM in Courtroom No. 2 in Jack- son, Miss. why legislative enactments as passed and adopted should not be approved under the rule of Supreme Court as being in compliance with the ‘‘one person, one vote’’ rule. An at- tested copy of this order delivered by U. S. Mar- shal at office of one of the attys. for pltf. shall constitute service, filed and entered OB 1973, pages 414 & 415. (WHC) (Certified copy handed U. S. Marshal to be delivered to John L. Maxey and Judge Russell) (Copies mailed Judge Cole- man, and William Allain, Asst. Atty. Gen.) (Per Anne Crews) Marshal’s return on Order to Show Cause exe- cuted as to Judge Russell and John Maxey on 3/13/73, filed. Plaintiffs’ objections to House Bill 446 and Senate Bill 1701, with cert. of service, filed. (Copy handed J. Nall for Judge Cox, handed M. Randolph for Judge Russell and mailed to Judge Coleman) Notice of plaintiffs to take deposition of Rep. Stone D. Barefield on 4-10-73 in Hattiesburg, 4-5-73 4-5-73 45-73 4-9-73 4-10-73 4-12-73 4-12-73 4-13-73 16 — beg. at 10:00 a.m., with cert. of service, Deft. William L. Waller’s Motion for Protective Order against taking of deposition of Rep. Stone Barefield and staying all further discovery and Notice for hearing before Judge Cox on 4-5-73, with cert. of service, filed. ORDER: George Peach Taylor permitted to withdraw as counsel for plaintiffs and John L. Maxey, II and Frank R. Parker remain as and be substituted as counsel in his place, filed and entered OB 1973, Page 510 (copy mailed attor- neys—copy hand2d atty. Frank Parker) ORDER: deft. Gov. Waller’s Motion for Protec- tive Order on Discovery denied except that pltfs. in their discovery shall be limited to 5 deposi- tions of members of the Miss. Legislature and are prohibited from taking depositions of news- paper reporters or of members of the staff of the Miss. Legislature or staff persons employed for purposes of working on the state reapportion- ment plan but if pltfs. can show good cause for necessity of additional depositions of legislators they may apply to Court by motion for such further discovery, filed and entered OB 1973, Page 511 (copy handed atty. Parker, mailed other attorneys) Defendant’s submission concerning present is- sues before the Three Judge Court, with cert. of service and letter from Heber Ladner, Jr. stating a copy to be mailed to individual judges, filed. Pitf’s. notice of deposition upon oral examination of Rep. Horace Lester and Sen. Con Maloney on 4/13/73 in Jackson, with cert. of service, filed. Amended submission pursuant to order for de- ferment and motion for approval of apportion- ment of the Mississippi legislature with Exhibit I & Il and cert. of service, and notice of motion at time and place convenient to the Court, filed. Letter from A. F. Summer stating copies of above motion mailed individual judges, filed. Attorney Frank Parker’s return on deposition ie 4-17-73 4-17-73 4-17-73 4-18-73 4-18-73 4-19-73 4-19-73 4-19-73 8-27-73 8-27-73 8-27-73 3-19-74 4-26-74 5-10-74 © 17 subpoena executed as to Rep. Horace B. Lester on 4-12-73, filed. Pitf’s. motion for continuance, with cert. of service, filed. (Copies placed in Judges’ files. ) Pitf’s. motion for substitution of successor pub- lie officials as defendants, with cert. of service, filed. (Copies placed in Judges’ files.) Pitf’s. notice of above two motions on 4/20/73 at 9:00 AM in Jackson, filed. Deposition of Horace B. Lester taken by pltf. on 4/13/73, filed. Deposition of James C. Maloney taken by pltf. on 4/13/73, filed. Plaintiffs’ Objections to House Bill 1389 and Senate Bill 2452, and Prayer for Injunctive Re- lief with Exhibits A, B and C attached, with cert. of service, filed. Deposition of Stone D. Barefield, Vols. I & II, taken on 4-10-73 in Hattiesburg, Miss., with Ex- hibits 1 through 7 attached in separate brown manila envelope, filed. Deposition of William Winter taken in Jackson, Miss. on 4-17-73, with Exhibits 1 through 5 at- tached, filed. Deposition of Harold E. Sweeney, Jr. taken by plitf. on 4/20/73, filed. Deposition of Harold E. Sweeney, Jr., Volume II taken by plitf. on 4/20/73, filed. Exhibits 1 through 12 to deposition of Harold E. Sweeney taken by pltf. on 4/20/73, filed. (EX- HIBITS 1 & 2 in BROWN ENVELOPE IN VAULT. EXHIBITS 3 through 12 ARE LARGE MAPS AND PLACED IN VAULT) Large roll of exhibits (maps & Charts) received from Supreme Court and placed in vault. Plaintiff’s motion for leave to file supplemental complaint, with copy of Supplemental complaint and attachments, Cert. of service and notice of motion on 5/3/74 before Judge Cox in Jackson, filed. (Copy for Judge Cox put in Glenda Bond’s box to be handed to Judge Cox) (Other copies placed in files per Bobbie Price) ORDER denying plaintiffs’ motion for leave to 5-20-74 10-1-74 10-11-74 10-15-74 10-28-74 11-7-74 11-15-74 12-3-74 18 file supplemental complaint, filed and entered OB 1974, page 753. (Copies mailed all attys. of record) (Copies placed in Judge’s files and not mailed per B. Price) Motion for Review and Reconsideration by Three-Judge Panel of Plaintiffs’ motion for leave to file supplemental complaint, with attach- ment and cert. of service, and notice of motion before Judges Coleman, Russell and Cox on 5/31/74 in Jackson at 9:00 AM, filed. (Copy handed Glenda Bond for Judge Cox and mailed Judges Coleman and Russell) Notice of plaintiff of taking of deposition upon written questions, with Questions to be Pro- pounded, cert. of service and Exhibits A thru I, filed. Plaintiffs’ request for admission of facts and genuineness of documents, with cert. of service and Exhibits 1 thru 27, filed. (EXHIBITS 1 THRU 27 placed in separate folder in file and marked) Pitf’s notice of depositions upon oral examina- tion of Dr. James W. Loewen on 10-17-74 and Dr. Gordon G. Henderson on 10-18-74, with cert. of service, filed. Notice of plaintiffs to take depositions of Rep. Robert Clark and Dr. Gordon G. Henderson on 11-1-74, with cert. of service, filed. Defendants’ response to pltfs.’ request for ad- mission of facts aud genuineness of documents, with cert. of service, filed. Plaintiff’s motion to compel answers to plain- tiffs’ request for admission of facts and genuine- ness of documents, with Exhilit A & B, and notice of motion on 12/2/74 in Gulfport before Judge Russell at 9:00 AM, with cert. of service, filed. (Copy handed Glenda for Judge Cox and mailed Judges Coleman & Russell) DEPUTY CLERK SHEET: Hearing in Gulf- port on 12/2/74 for 15 min. on motion to compel answers to plaintiffs’ request for admissions of facts and genuineness of documents. ACTION TAKEN : Deft. granted 10 days to submit brief— el lp aa a 12-16-74 1-17-75 1-24-75 1-29-75 1-30-75 2-5-75 2-7-75 2-7-75 2-7-75 3-7-75 3-12-75 4-9-75 4-11-75 19 under advisement. (Judge hussell discovered, after hearing above motion, that Judge Cox is the Managing Judge—Judge Russell will contact Judge Cox.) Deposition of Interrogatories to Hon. J. Stanley Pottinger, filed. Letter written to U.S. Supreme Court requesting they search their records to see if a portion of this case file is still in their office. List of docu- ments that are missing attached to letter. (Sue) Plaintiffs’ Notice to take Depositions of Rims Barber and Dr. David Valinsky on February 3rd and 7th, with Certificate of Service, filed. Deposition of Dr. James W. Loewen with Ex- hibits, taken by pltfs., filed. Pitf’s. motion for an order to defendants to show cause why the current State Legislative Reap- portionment should not be enjoined, with cert. of service and notice of motion on 02/07/75 in Jackson at 9:00 AM, filed. (Copies mailed Judges Russell and Coleman and placed in Glenda’s Box for Judge Cox.) Amendment to the interrogatories of the Honor- able J. Stanley Pottinger, filed. Deposition of Dr. Gordon G. Henderson taken by pltfs on 11/1/74, with Exhibits 1 thru 17 attached, filed. EXHIBITS: P-1 through P-20 and D-1 and D-2; Filed. Deposition of Rims Barber taken by pltfs. on 2/3/75 in Jackson, Miss.., filed. Bill of William D. Neal in amount of $602.58, with Exhibit A, paid by State Attorney General, filed. Pitf’s. notice of deposition of Henry J. Kirksey on 03/17/75, with cert. of service, filed. Deposition of Henry J. Kirksey taken by pltf. on 03/17/75 with Exhibits, Filed. (EXHIBITS WRAPPED, MARKED AND PLACED IN VAULT—LARGE SQUARE PACKAGE) JUDGMENT: As managing judge and by direc- tion of the entire Court, itis ORDERED: Entire proceedings before this Court involving the 1967 and 1971 reapportionment of the Legislature are 4-15-75 4-17-75 4-21-75 4-23-75 5-7-75 5-7-75 20 hereby dismissed without prejudice; Plaintiffs are directed to file in this cause, as Civil Action No. 3830(A), an amended complaint to attack said 1975 enactments of the Legislature of Miss. within 5 days after receipt of a copy of this order; Defts. shall file their answers within 5 days after receipt of copy of such amended com- plaint ; This Court upon receipt of such pleadings will immediately proceed to convene and conduct hearing on questions presented and make prompt and proper disposition thereof. A Copy of the pleadings of the parties shall be mailed directly to the three members of this Court at their proper addresses by the parties, filed and entered OB 1975, pages 661-662. (Copies mailed Judges Cole- man & Russel by G. Bond.) (Copies mailed Mr. Brown, Parker, Slaughter, Maxey, Carnes and A. F. Sammer.) AMENDED COMPLAINT for Injunctive and other Equitable Relief, with Exhibits 1 thru 4 and cert. of service, filed. (No Process-Attys. directed to mail copies to Judges per Order of 04/11/75.) Pitf’s. motion to alter or amend judgment, with cert. of service and notice of motion on 04/25/75 in Jackson at 9:00 AM, filed. (Copies mailed Judges Coleman and Russell and placed in Glenda’s box for Judge Cox.) ANSWER to amended complaint for injunctive relief and other equitable relief, with cert. of service, filed. (Copies mailed Judges Coleman & Russell and placed in Glenda’s box for Judge Cox.) Deft’s. submission pursuant to Order and motion for approval of the 1975 Apportionment Plan for the Mississippi Legislature with cert. of service and Exhibits I thru IV and indefinite notice of motion, filed. EXHIBITS: P-1 through P-35; and D-1, filed. Pitf’s. motion for prompt and immediate deci- sion and for other related relief, filed. (Copy mailed Judge Coleman and handed Gwen and Glenda for Judges Russell and Cox.) 5-14-75 5-14-75 5-20-75 5-22-75 5-22-75 5-23-75 5-23-75 6-6-75 21 Pitf’s. motion to supplement the record, with cert. of service and Affidavit of Henry Klibanoff and attachment, filed. (Frank Parker’s letter of transmittal stated he had mailed copies to mem- bers of three judge court at direction of Court) Court Reporter’s transcript of proceedings held in Jackson on 05/07/75 before Judges Coleman, Cox and Russell, filed. OPINION: Except as to Harrison County, the complaint will be dismissed with prejudice ; as to that County, jurisdiction will be retained to effec- tuate the purposes with reference thereunto stated; counsel for parties are directed to forth- with prepare and submit a decree accordingly, which any Judge of this Court is hereby autho- rized to enter for the Court; the respective par- ties will bear their own costs, filed. (Judges Coleman, Russell & Cox) (copy handed to all attorneys of record) JUDGMENT: Amended Complaint dismissed with prejudice except as to Harrison County, as to which the Court retains jurisdiction for the limited purposes set out in the Court’s opinion of May 19, 1975; that the parties bear their respec- tive costs, filed and entered OB 1975, pages 845- 846 (WHC) (copy mailed attys. Frank Parker and John L. Maxey, II; copy handed Ed Noble, Attorney General’s office) Plaintiffs’ Notice of Appeal to the Supreme Court of the United States from judgment en- tered 5-22-75, with cert. of service, filed. Pitf’s. motion for stay of judgment and stay of the 1975 Miss. Legislative Elections pending ap- peal, with cert. of service, filed. ORDER: Motion for an order enjoining the 1975 Miss. legislative elections pending appeal to Su- preme Court is denied, filed and entered OB 1975, page 851. (Copies mailed Judge Coleman and Judge Russell, and placed in Glenda’s box for Judge Cox. Copies mailed attys. of record.) Plaintiff’s Motion Temporary Restraining Or- der. (Copy handed G. Bond, for Judge Cox, 6-6-75 6-9-75 6-9-75 6-10-75 6-11-75 6-11-75 6-11-75 22 Copy handed G. Bryant for Judge Russell, and Copy mailed Judge Coleman. ORDER: Motion for temporary Restraining Or- der, is hereby denied, filed and entered OB 1975, page 969. (Copies mailed Judge Coleman and Judge Russell, and placed in Glenda’s box for Judge Cox. Copies mailed Attys. for record). ORDER SUPREME COURT OF THE UNITED STATES, Whereof, it is Ordered that the Judg- ment of United States District Court in this cause is hereby, reversed with costs, and same is re- manded to the United States District Court for the Southern District of Mississippi for further proceedings in conformity with the opinion of this Court. It is further ordered that the said appellants, Peggy J. Connor, et al, recover from William L. Waller, Governor of Mississippi, One Hundred Dollars ($100) for their costs herein expended, filed and entered OB 1975 page 972. (Copies mailed to Jess Brown, Frank R. Parker, John L. Maxey, IT and A. F. Summer). Motion for Injunctive Relief and to enforce the mandate of the United States Supreme Court, with certificate of service, filed. ORDER: Motion for Temporary Restraining Order to stay and suspend the 6/6/75, qualifying deadline for party candidates for membership in the Miss. House of Representatives and the Miss. Senate is denied, filed and entered OB 1975, page 980. (Copies mailed attys. of record and placed in Glenda’s and Gwen’s boxes. Copy mailed Judge Coleman). Motion of USA to intervene as plaintiff, with cert. of service, filed. (Copy mailed Judge Cole- man & placed in Courtroom Deputy’s boxes for Judge Cox & Russell.) ORDER: USA is allowed to intervene as party plaintiff, filed and entered OB 1975, page 998. (Copies mailed attys. of record and Judge Cole- man, and placed in Glenda’s & Gwen’s box for Judges Cox & Russell.) Complaint in intervention with certificate of the Attorney General of the U.S., filed. (Stated no 6-12-75 6-19-75 6-19-75 6-19-75 6-19-75 6-20-75 6-20-75 6-24-75 6-23-75 6-23-75 service was required) (Copy mailed Judge Cole- man and placed in Courtroom Deputy’s box for Judges Cox & Russell.) Motion of USA for preliminary injunction, with cert. of service, filed. (Copy handed Glenda for Judge Cox, handed Gwen for Judge Russell & mailed Judge Coleman. ) Deft’s. ANSWER to complaint in intervention, with cert. of service, filed. Deft’s. petition for a Writ of Mandamus, with cert. of service, filed. . Defts’. objections to pltfs’ motion for injunctive relief and to enforce the mandate of the Supreme Court of the U. S. and to the motion of the USA for preliminary injunction, with cert. of service, filed. Court reporter’s transcript of proceedings held in Jackson on 06/12/75 before Judges Coleman, Cox and Russell, filed. EXHIBITS: J-1 and Court-1, filed. ORDER VACATING JUDGMENT: It is the judgment of the Court that all pleadings involv- ing the 1967 and 1971 Legislature should be and remain as an ac ve part of the entire matter be- fore the Court and to that end said Judgment of the Court dated April 10, 1975 and filed 04/11/75 is rescinded and vacated, filed and entered OB 1975, page 1047. (Copies mailed attys. and Judges Coleman & Russell and handed Judge Cox.) Friend of the Courts Petition of Thomas G. Russell and motion for Single Member Districts, with cert. of service, filed. (Copy handed Judge Cox and mailed Judges Coleman and Russell.) Court Reporter’s Transcript of proceedings held in Jackson on 06/20/75 before Judges Coleman, Cox and Russell, filed. ORDER: Dept. of Justice to file memoranda with the Court setting forth, district by district, facts of record demonstrating unconstitutional dilution of black voting strength as asserted by Dept. of Justice, plaintiffs may file similar memoranda as to districts to which they have objected, if they so desire. Further this Court, 6-25-75 6-27-75 7-2-75 7-2-75 24 where necessary, proposes to alter any district to remedy any existing unconstitutional dilution of black voting strength. Memoranda need not be addressed to Hinds, Harrison and Jackson Coun- ties. Parties advised that the Court proposes to formulate a temporary plan for election of Sena- tors and Representatives for 1975 for election of Senatars and Representatives for 1975 election ONLY, first primary schedules for 08/05/75. A permanent plan for reapportionment cannot be now formulated due to lack of time. When per- manent plan for election of legislators in quad- rennial elections of 1979 has been accomplished, special elections may be ordered in those legisla- tive districts where required by law, equity, or the Constitution of the U.S. Legislative districts altered by temporary plan for 1975, candidates will be allowed adequate time for qualification in the altered districts; however, those already qualified will remain. Scheduled elections for members of the legislature in 1975 will not be postponed. (This order sets out the redistricting of Jackson, Harrison and Hinds Counties.) Or- dered by unaninous [sic] direction of the Court, filed and entered OB 1975, pages 1068-1073. (Copies handed attys. of record and handed Judges Cox & Coleman and mailed Judge Russell by Anne Crews. Copy taken to Washington by Charlie Sutherland for Mr. Gerald Jones.) Copy of letter from Judge Cox to Mr. Arny Rhoden, U. S. Marshal dated 06/25/75, directing that a copy of above order be delivered by special messenger to Mr. Gerald Jones of U. S. Dept. of Justice, filed. Pitfs’ Supplemental Submission on Hinds County Single Member Plans with Exhibits A thru E attached, with cert. of service, filed. (Frank Parker stated to G. Burdette he mailed copy to each of the three Judges.) Marshal’s return on letter from Judge Cox to Mr. Rhoden, executed, filed. Motion of City of Jackson, Miss., A Municipal Corporation, to intervene as party plaintiff, filed. 7-2-75 7-3-75 7-3-75 7-7-75 7-2-75 7-2-75 7-7-75 7-8-75 7-8-75 (Copy handed Judge Cox by Mr. Smith and mailed Judges Coleman and Russell.) Pleading of the City of Jackson, Mississippi as Intervener, with cert. of service, filed. (Mr. Smith stated Judge Coleman told him to file the above and a hearing would be had on Mon. July 7, 1975.) (Copy handed Judge Cox by Mr. Smith and mailed Judges Coleman & Russell.) ORDER allowing the City of Jackson, Miss. to file an amicus curiae brief within 3 days from or after 07/03/75, filed and entered OB 1975, page 1106. (Copy handed Mr. Smith of City and mailed other attys. of record.) (Copy handed Judge Cox and mailed Judges Coleman & Russell.) Pitf’s. objections to Court-ordered districts es- tablished by Order of 06/25/75, with cert. of service, filed. Defendants’ objections to the June 25, 1975, Court-Ordered Legislative Districts, with cert. of service and Appendix A & B, filed. (Copies handed Judges Cox, Russell & Coleman.) Letter from Conner Cain of Stone County, Miss. dated 06/30/75 to Mr. Thomas re grievances about Order of June 25, 1975, filed. Letter from Mack McInnis of Greene County, Miss., dated June 30, 1975 to Clerk of Court re new Representative Post, filed. EXHIBIT: D-1, filed. ORDER establishing certain temporary districts for the election of Senators and Representatives in the Miss. i for the year 1975 Only. Clerk of Court shall forthwith furnish a true copy to the Secty. of State of the State of Miss. and to each County Registrar in the affected county for the information of those charged with the duty of preparing and distributing the 1975 primary election ballots, filed and entered OB 1975, pages 1137-1178. (Copies handed attys. of record. Cop- ies mailed Judges Coleman and Russell and handed Judge Cox by A. Crews.) Plaintiff’s. Modified Mitchell Plan No. 2, with 7-9-75 7-10-75 7-10-75 7-11-75 7-14-75 7-21-75 7-21-75 7-23-75 7-24-75 8-1-75 cert. of service and attachments, filed. (Copies mailed to Judges by Mr. Parker) Certificate of mailing certified copies of Order filed on 07/08/75 to Heber Ladner, Secretary of State and to Circuit Clerks of named counties, with attached list, filed. U. S. Dept. of Justice House Plan for Hinds County, filed. (Copies delivered by Highway Patrol to all 3 Judges on 09/09/75) Special Master’s House Plan for Hinds County by New Voting Precints July 9, 1975, filed. (Cop- ies delivered by Highway Patrol to all Judges on 09/09/75) ORDER establishing certain temporary Dis- tricts for the election of Senators and Represen- tatives in the Miss. Legislature for the Year 1975 only; Parties shall file with the Clerk of Court plans for permanent reapportionment of the Legislature. Hoyt T. Holland, Jr. is designated to serve as Special master in this case to serve under our orders and directions, filed and entered OB 1975, pages 1193-1239. (Copies distributed to Judges and all attys. of record.) PER TELEPHONE INSTRUCTIONS OF JUDGE COLEMAN: Precinct 8 interlined on page 40 of Order filed on 07/11/75. ORDER: To correct an error in transcription, it is ordered that Order dated 07/11/75, with refer- ence to District 43 for the election of Representa- tives is corrected as contained in this order, filed and entered OB 1975, pages 1270-1271. (Judge Coleman mailed copies to Judges Cox & Russell. Copies mailed all attys. of record.) Piti’s. motion to alter or amend judgment with cert. of service and attachments, filed. Deft’s. response to motion to alter or amend judgment, with cert. of service, filed. Motion of the United States for amendment of judgment, with cert. of service, filed. (Copies mailed all Judges by U.S. Atty’s. office.) ORDER: the Court declines to set a deadline of 2-1-76 for completion of a permanent plan for re- apportionment of Miss. Legislature but reiterates 8-1-75 10-8-75 10-9-75 10-9-75 10-14-75 27 its firm determination to have such plan approved before 2-1-76; as to all instances in which a spe- cial election may be required, the Court expects to direct that same shall be held in conjunction with the 1976 Presidential election so as to save the expense of special elections as far as possible ; on pltfs’ motion to delete that portion of the Court’s order appointing Hoyt T. Holland, Jr. as special master, the Court expects to formulate its own permanent plan and the duties of Mr. Hol- land will be only to assist in that regard; the matter of costs and attys. fees will be decided in the final judgment establishing the perm. plan— filed and entered OB 1975, pages 1312-1314 (copy handed attorneys of record except copy mailed John Maxey at his request) (copy mailed Judges Coleman and Russell, handed Judge Cox) ORDER: the population figures released by US. Bureau of Census giving its population estimates as of 1973 shall be used as the basis of and for the establishment of a permanent plan of reappor- tionment of the Miss. Legislature—the parties in compiling the various plans to be submitted to the Court will be governed accordingly, filed and entered OB 1975, pages 1315-1317 (copy handed attorneys of record except copy mailed John Maxey at his request) (copy mailed Judges Cole- man and Russell, handed Judge Cox) Motion of USA for extension of time for filing plans for permanent apportionment, with cert. of service, filed. (Copies handed Glenda for distri- bution to three Judges ) ORDER: U.S.A. granted up to and including 10-22-75 to file permanent plans for reapportion- ment of legi filed and entered OB 1975, Page 1651. (Copy mailed attys. Parker, Maxey and Atty. Genl., copy handed U.S. Atty.) (Copy mailed three judges) Defendants Submission Pursuant to Order, with cert. of service, filed. (Copy mailed three judges) ORDER: motion of U.S.A. for extension of time until 10-22-75, filed 10-8-75, granted, filed and en- tered OB 1975, page 1669 (J. P. COLEMAN) 10-15-75 10-20-75 10-24-75 10-31-75 1-26-76 1-29-76 2-9-76 (Copy mailed attorneys) (copy mailed Judges Coleman and Russell, handed Judge Cox) Pitf’s. submission of permanent Legislative Re- apportionment Plans, with cert. of service and Exhibits, filed. (Copies mailed all three Judges by Frank Parker) Report to the Court of Department of Justice on special census for Oktibbeha, Lowndes and Noxu- bee Counties, with cert. of service, filed. (Copies mailed to Judges Coleman and Russell and handed Glenda for Judge Cox.) ORDER: USA intervenor, and the Attorney General of the U. S. as soon as practical after entry of this order shall file with this Court the most current evidentiary data as set out in Order and USA, intervenor shall file a cert. with the Court listing by Counties, alphabetically, the offices to which Negro candidates aspired in said elections, the name of such candidates, and whether or not they were elected, filed and en- tered OB 1975, pages 1812-1814. (Copies mailed attys. Parker, Slaughter, Smith, Maxey, Sum- mer, Allain, Hauberg and Judges Coleman & Russell and handed Glenda for Judge Cox.) Alternative Plans submitted by the United States Pursuant to Order of 07/11/75, with Exhibits, attachments and cert. of service, filed. Submission of the United States pursuant to October 24, 1975 Court Order, with attachments and cert. of service, with request for hearing date on 02/10/76, filed. (Per tel., Mr. Jones of Dept. of Justice stated he had mailed each of the three Judges a copy of this on 01/24/76) ORDER: Further hearing and decision of this case will be deferred until the Supreme Court shall have decided cited cases, at which time this Court will bring this case to trial forthwith, filed and entered OB 1976, pages 238-240. (Copies mailed Mr. Parker, Smith, Maxey, Summer & Hauberg) (Copies mailed Judges Russell and Coleman. Cpy. handed Glenda for Judge Cox.) Pitf’s. supplemental submission of permanent Legislative Reapportionment Plans, with cert. of 5-21-76 5-24-76 5-26-76 5-27-76 6-1-76 6-1-76 6-14-76 6-15-76 service and attachments, filed. (Copies handed Glenda & Gwen for Judges Cox & Russell and mailed Judge Coleman. ) ' Copy of letter from SUPREME COURT with copy of OPINION OF SUPREME COURT, filed. Certified copy of ORDER OF SUPREME COURT OF U.S.: Motion to file petition for Writ of Mandamus is granted and petition is con- tinued to 06/17/76, filed and entered OB 1976, page 980. (Copies mailed Judges Coleman and Russell and placed in Glenda’s box for Judge Cox.) Request of USA for hearing date, with cert. of service, filed. (Copy placed in Gwen’s box for Judge Cox and mailed other Judges.) ORDER: Three Judge Court will convene on 06/02/76 in Jackson for further proceedings. Clerk of Court will forward 25 duly authenticated copies of this Order to the Clerk of the Supreme Court of the United States, and will furnish copies to all counsel of record, filed and entered OB 1976, pages 987-988. (25 certified copies mailed Clerk of Supreme Court; Copies mailed attys. of record; Cpy. in Glenda’s box for Judge Cox and mailed Judges Russell & Coleman.) Request of U.S.A., Intervenor, for continuance of hearing scheduled for 6-2-76 until after 6-10-76, with cert. of service, filed. ORDER: hearing set for 6-2-76 rescheduled for 6-15-76 at 9 a.m., Fourth Floor, U.S. Courthouse, Jackson, Ms., filed and entered OB 1976, pages 1017-1018 (JPC) (copy mailed attorneys; copy handed G. Bond for Judge Cox, mailed Judges Russell & Coleman) Amendments to pltfs’ supplemental submission of permanent plans requested by Court, with at- tachment and cert. of service, filed. (Copy placed in Glenda’s box for Judge Cox and mailed Judges Coleman and Russell.) . Preliminary observations.of Judge Coleman, be- fore Judges Russell and Cox on hearing in Jackson on 06/15/76, signed by all three judges, filed. 6-15-76 6-15-76 6-15-76 6-15-76 6-16-76 7-19-76 8-2-76 8-10-76 8-10-76 8-11-76 8-24-76 30 Pitf’s. motion for an award of attorney’s fees with affidavit of Frank R. Parker and cert. of service, filed in Court Room. Motion of United States that all pleadings, memoranda, ete. be filed in record, with cert. of service, filed in Court Room. = of James F. Manning with Exhibits, MEMORANDUM on adoption of permanent ap- portionment plan of Justice Dept., with cert. of service and attachments, filed in Court Room. ORDER appointing William D. Neal Associate Special Master to perform functions indicated. Clerk of Court will notify all counsel, by copy of this order, and will make available to Mr. Neal the right to examine plans, papers and documents on file in this case, filed and entered OB 1976, pages 1086-1087. (Copies mailed all attorneys of record. Copies handed the Judges by Jennie}. Court Reporter’s Transcript of proceedings held before Judges Coleman, Russell and Cox in Jack- son on 06/15/76, filed. Pitf’s. motion for a prompt and immediate deci- sion on a final court-ordered legislative reappor- tionment plan and special elections with cert. of service and arbitrary notice of motion, filed. (Frank Parker stated to Iris that he was mailing file-stamped copies to each of Judges.) Letter from United States Circuit Judge James P. Coleman to Clerk of Court dated August 9, 1976 in re to motion of Frank Parker for speedy disposition, filed. (Copies mailed all attorneys of record.) Response of defendants to pltfs’. motion for an immediate decision, with cert. of service, filed. (Copies mailed to members of the Three-Judge Court, per letter from A. F. Summer in file). Letter from U.S. Cireuit Judge James P. Cole- man dated 08/10/76 to Clerk requesting that attorneys be advised that Judge Cox would re- turn to the office on 08/23/76, filed. (Copies mailed attys. of record.) JUDGMENT: Ordered, adjudged and decreed; 9-8-76 31 1. The permanent plans for the reapportionment of the Legislature of St. of Miss., as hereinafter set forth, shall be in force and effect for the regu- lar quadrennial elections of 1979 and thereafter until altered according to law. 2. Except in those instances in which a special election may herein- after be ordered, these plans shall not affect the terms of office of legislators elected in 1975. 3. In the event of the death or resignation of a legisla- tor presently in office, the vacancy shall be filled by a special election in that district promulgated for 1979 in which the legislator shall have resided at the time of such death or resignation. 4. The removal by a legislator of his residency from one place to another within the district for which he was elected in 1975 shall not affect the term of office for which he was elected. Further OR- DERED, ADJUDGED AND DECREED that the 52 members of the Mississippi State Senate to be chosen in the quadrennial election year of 1979 shall be elected from the districts consisting of specified counties, beats and precincts as set out, filed and entered OB 1976, pages 1578-1619. . (Copies handed attys. of record and mailed Jus- tice Dept. Copies handed Press at request of Judge Coleman at no charge) DECREE: for the regular quadrennial elections of 1979 and thereafter until changed according to law the 122 members of the MISSISSIPPI HOUSE OF REPRESENTATIVES shall be elected from 122 districts as set out. We now direct the parties within 15 days to file a list of districts, if any, for the election of representa- tives in which special elections should be held, assigning their reasons as to each district and the Court will rule thereon as quickly as reason- ably possible. This is not a final decree. The final decree, incorporating all decrees, will be entered when the Court disposes with the matter of spe- cial elections, filed and entered OB 1976, pages 1680-1714 (Copies handed attys. of record and mailed Justice Dept. Copies handed Press at re- quest of Judge Coleman) 9-8-76 9-8-76 9-16-76 9-16-76 9-20-76 9-23-76 9-23-76 9-23-76 9-28-76 9-29-76 32 Motion of plaintiffs for Special Election Relief as to certain senatorial districts established by Court’s Judgment of 8-24-76, with cert. of service, filed (Copy handed Glenda for Judge Cox and mailed Judges Russell & Coleman) Defendants’ submission pursuant to order, with cert. of service, filed. (Copies mailed three Judges per Giles Bryant) Proposal by the United States for special elec- tions, with attachment and cert. of service, filed. (Copies sent to the Judges at their homes per letter from Justice Dept.) Pitf’s. motion for special elections (House Plan), with cert. of service and attachment, filed. (Cop- ies mailed to Three Judges per Frank Parker’s Secretary) Pitf’s. motion to alter and amend judgment and pltfs’. objections to 1976 Court-Ordered Legisla- tive Reapportionment Plan with cert. of service and Exhibits A thru E, filed. (Copy of letter showing copies mailed to Three Judges by Frank Parker) Copy of letter from Judge Coleman to Frank R. Parker dated 09/22/76 re hearing on motion and informal conference, filed. Copy of letter from Ashley Atkinson of Miss. House of Representatives to Judge Coleman dated 09/21/76 with Exhibits A thru E re Pike and Amite Counties, filed. Defts’. submission pursuant to Order of 9-8-76 and objections to request for special elections, with cert. of service, filed. (Copies mailed three Judges per Giles Bryant). Proposal by the United States for special elec- tions, with attachment and cert. of service, filed. (Copies sent to the Judges at their homes, per letter from Justice Dept.) Copy of letter dated 9-28-76 from William D. Neal to Hon. J. P. Coleman, re: his recommenda- tion to the Court, which is in line with the sugges- tions made by Messrs. Atkinson and Walman as well as with that made by Frank R. Parker, as to House Districts 98 & 99, involving Amite and 10-7-76 10-8-76 10-21-76 10-22-76 11-12-76 11-18-76 33 Pike Counties, showing copies being mailed all attys. and Judges. Memo from Special Master, William D. Neal, filed. Pitf’s. supplement to motion to alter or amend judgment, with cert. of service and Exhibit A, filed. (Copies handed Judges on 10/07/76 per Frank Parker) Copy of letter from Frank R. Parker dated 10/19/76 addressed to Judges Coleman, Cox and Russell re conference of 10/07/76 with Exhibits A &B, filed. Objection of the United States to plans for the redistricting of the Mississippi Senate and House of Representatives contained in the Court orders of 08/24 and Sept. 8, 1976, with Exhibits A thru F and cert. of service, filed. (Letter stated copies were mailed to Judges at~their homes.) ORDER: PER CURIAM: Reapportionment of House of Representatives is amended as set out. No special election will be held in newly created senatorial district. No special election will be held in Districts 52 and 81. Special elections will be held in Districts 79 and 97. Remaining District will have no special elections. Time for Special Elections will be delayed until time for appeal has expired or Supreme Court has decided an ap- peal on merits. Court will retain jurisdiction for setting dates for special elections. No attorney fees are allowable. Fees for Special Master will be determined after hearing and Court retains jurisdiction. Pltfs. and Department of Justice will submit proposed judgment and when duly approved and entered, same will be final judg- ment on reapportionment on Miss. Legislature, filed and entered OB 1976, pages 2127-2144. (Copies handed all attys. of record.) (Three Judges already had copies.) FINAL JUDGMENT: Defts. are permanently restrained as set out: Reapportionment plans are ordered in effect for regular quadrennial elections of 1979 and until altered according to law; Plans shall not affect terms of legislators 11-18-76 11-18-76 11-18-76 11-29-76 12-83-76 12-13-76 34 elected in 1975 except as special elections are ordered in House Districts 79 and 97 on a date set by the Court; Court retains jurisdiction for purpose of setting dates for special elections; Except as set out ail objections and motions by pitfs. and Dept. of Justice are denied; All costs are adjudged against defts., which will be entered against State of Mississippi when amount is com- puted; Pitf’s. request for award of atty’s fees is denied; Fees to be allowed special masters shall be taxed against State of Mississippi and amount to be determined after hearing, for which juris- diction is retained; Except for injunctive relief, and subject of Court’s retention of jurisdiction, the complaint and amended complaints are dis- missed, filed and entered OB 1976, pages 2180- 2200. (Copies handed Mr. Parker and mailed other attys. of record. Copy handed Glenda for Judge Cox and mailed Judges Coleman and Russell. ) FINAL JS 6 CARD FILED. Pitf’s. Notice of Appeal to U. S. Supreme Court from paragraphs 7 and 8 of the Final Judgment entered on 11/18/76, filed. Cash Appeal Bond in the amount of $250.00, filed. Pitfs’. motion to alter or amend judgment, with Affidavits of Frank R. Parker, Prof. Gordon G. Henderson and James W. Loewen attached as Appendix A, B, & C respectively and cert. of serv- ice, filed. (Mr. Parker stated that he is sending file stamped copies to each of the three Judges). Letter from Mr. William D. Neal to Hon. J. P. Coleman dated 12-8-76, with written analysis by Special Master of pitf’s. objections in his motion to alter or amend Judgment under date of 11-29-76 attached thereto, original and one copy mailed to Hon. J. P. Coleman, one copy mailed Judge Russell and one copy handed Judge Cox, by Glenda but not filed with Clerk, per instrue- tions of Mr. Neal. CERTIFIED COPY OF ORDER OF SU- PREME COURT OF THE UNITED STATES: Requests to treat application as an expedited ap- » os eS ae wD cease her IE. 12-20-76 12-21-76 12-27-76 12-27-76 12-28-76 12-30-76 35 peal are granted, and probable jurisdiction is noted. Parties may file and exchange such mo- tions under Rule 16 as they desire, and they shall file and exchange briefs on the merits on or be- fore the close of business Monday, 2-7-77. Re- sponsive briefs, if any, shall be filed and ex- changed on or before the close of business Monday, 2-21-77. Oral argument is set for Mon- day, 2-28-77. Any and all other appeals from judgment be taken by filing notices of appeal and perfected pursuant to the Rules of the Court by filing statements as to jurisdiction on or before the close of business Wednesday, 1-5-77, filed and entered OB 1976, page 2397. (Copies mailed Judges Coleman & Russell and handed Glenda for Judge Cox) Letter from U. S. Cireuit Judge James P. Cole- man dated 12/17/76 to Clerk of Court, with at- tached ANALYSIS BY SPECIAL MASTER of pitf’s. objections in his motion to alter or amend judgment, filed. (Copies mailed all attys. of record. ) ORDER AMENDING PREVIOUS JUDG- MENT for Legislative districts as indicated; Remaining objections filed by pltfs. are found to be without merit and will be overruled, filed and entered OB 1976, pages 2475-2479. (Copies mailed all attys. of record, and Judges Coleman and Russell. Copy handed Glenda for Judge Cox.) Pitf’s. Notice of Appeal to U. S. Supreme Court from Final Judgment entered on 11/18/76 as amended by the Order Amending Previous Judg- ment entered 12/21/76, with cert. of service, filed. Pitf’s. Cash Appeal Bond in the amount of $250.00 paid into Registry. U.S.A., Pitf.-Intervenor’s Notice of Appeal to U. S. Supreme Court the Final Judgment of the Three-Judge Dist. Court entered on 11/18/76, as amended by Order entered on 12/21/76, with cert. of service, filed. Notice of Appeal of Cliff Finch, Governor, ete. to Supreme Court of United States from Para- graphs 1, 3, 5, 6 and 7 of the Final Judgment 12-30-76 36 entered on 11/17/76, and the order entered 12/21/76, amending the Final Judgment, with cert. of service, filed. Bond for Costs with United States Fidelity and Pw a Company in the amount of $250.00, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION Peggy J. Connor, Anne E. Taylor, Augusta Wheadon, Ralthus Hayes, Catherine Crowell, Henry J. Kirk- sey, Elijah Conwell, Jr., Alma Car- negie for themselves and others similarly situated, and Tae Missis- sipp! Freepom Democratic Party PLAINTIFFS, —against— CIVIL NO. 3830 Pau. B. Jonnson, Governor of Mis- eee: Oct. 19, 1965 sissippi, Joz Patrrerson, Attorney- General of Mississippi, Heper Lap- neR, the Secretary of State of Mississippi, Watter Sriers, the Speaker of the Mississippi House of Representatives, Grorce Yar- BROUGH, the President Pro Tempore of the Mississippi Senate, DEFENDANTS. I. JURISDICTIONAL STATEMENT 1. This action arises under United States Code Title 42, Section 1983 and Section 1988, and under the Constitution of the United States, particularly Article IV, Section 4, the Fourteenth Article of Amendment thereto, and the Fifteenth Article of Amendment thereto. Jurisdiction is conferred on this Court by United States Code, Title 28, Section 1343, Title 28, Sections 2201 and 2202, Title 22, Sections 2281 et seq., and Title 42 Sections 1983 and 1988. II. PARTIES 2. Plaintiffs Connor, Taylor, Wheadon, Crowell, Kirksey, Conwell, Jr., Carnegie and Hayes, are United States citi- zens, citizens of the State of Mississippi, Negro residents respectively of Forrest, Forrest, Lowndes, Lauderdale, Hinds, Bolivar, Holmes, and Holmes Counties, residents of 37 38 the Ist, 4th, 7th, 8th, 10th, and 22nd Senatorial Districts and residents of the Ist, 2nd, 3rd, 4th and 5th Congressional Districts. Each of them is a registered and qualified voter of the said State of Mississippi, lawfully entitled to vote in all primary, general and special elections for members of the Legislature of the State of Mississippi, and for mem- bers of the House of Representatives of the United States from their Congressional District. Plaintiffs Connor, Taylor, Crowell, Carnegie and Hayes are United States citizens, citizens of the State of Mississippi, Negro residents of Forrest, Lauderdale, and Holmes Counties, residents of the 4th, 8th, and 22nd Senatorial Districts who have, prior to December 1, 1964, been unlawfully prevented from exer- cising their right to vote in primary, general and/or special elections for members of the Legislature of the State of Mississippi. The Mississippi Freedom Democratic Party is a voluntary unincorporated association of residents and citizens of the State of Mississippi interested in freely exercising their right to vote and to participate fully in the political life of that State, which brings this suit on its own behalf and on behalf of its members. Plaintiffs jointly and severally bring this action on their own behalf and on the behalf of all other citizens of the State of Mississippi who are similarly situated, such persons being so numerous as to make it impractical to bring them all before this Court. 3. The defendant Johnson is sued in his capacity as Gov- ernor of the State of Mississippi and a member of the State Board of Elections Commissioners; as such he is vested with certain authority in connection with elections of members to the Mississippi Legislature. The defendant Patterson is sued in his capacity as Attorney-General of the State of Mississippi, and a member of the State Board of Election Commissioners; as such he is vested with certain authority in connection with elections of members to the Mississippi Legislature. The defendant Ladner is sued in her capacity as Secretary of State of Mississippi and a member of the State Board of Election Commissioners; as such she has certain authority in connection with elections of members to the Mississippi Legislature. The defendant Sillers is sued in his capacity as Speaker of the Mississippi House of Representatives; he is the pre- siding officer of that body, and is here sued as a representa- 39 tive of all presently acting members of said House, such members constituting a class so numerous as to make it impractical to bring them all before this Court. The defendant Yarbrough is sued in his capacity as President Pro Tempore of the Mississippi Senate, and he is the presiding officer of that body, and is here sued as the representative of all presently acting members of said Senate, such members constituting a class so numerous as to make it impractical to bring them all before this Court. 4. Common questions of law and fact are involved as to each plaintiff and each defendant named herein, and com- mon relief is sought against each defendant named herein. Ill. THE DILUTION OF THE RIGHT TO VOTE 5. The present apportionment scheme for the State Legis- lature and Congressional districts, from which the incum- bent State Senators, State Representatives and United States Representatives were elected, establishes irrational, invidious, discriminatory and unequal districts which have in the past and presently deprive plaintiffs and all others similarly situated of rights guaranteed them by the Consti- tution of the United States and the State of Mississippl. a. As to the Mississippi House of Representatives, Issa- quena County has a population of 3,576 and one representa- tive, while Forrest County has a population of 52,722 and two representatives or a representative for each 26,361. Thus the vote cast by a person in Issaquena County is worth 7.4 times as much as a vote cast by a person in Forrest County. There is likewise a gross disparity in the value of votes cast for representatives by persons in other counties in the state. (All figures are compiled from the 1960 Census Report.) 5M b. A majority of members of the Mississippi House of Representatives is elected by as few as 878,551 out of a population of 2,163,422 or 40.3% of the population control a majority of seats of said body. c. Each of the 82 representative districts in the State of Mississippi should contain 17,034 persons to be apportioned on a strict population basis. At present, 53 of said 82 dis- triets deviate from this norm by more than 15%. Of the deviations, 24 exceed the norm by more than 15% while 29 fail to meet the norm by more than 15%. d. As to the Senate, district 44 has a population per 40 senator of 20,987 while district 1 has a population per sena- tor of 187,045. Therefore, a vote cast in district 44 is worth 8.5 times as much as a vote cast in district 1. There is like- wise a gross disparity in the value of votes cast for senators by persons in other counties in the state. Each vote in dis- trict 36 is worth 4.8 times as much as a vote in district 2. e. A majority of votes in the Senate represents as few as 820,249 persons out of a total state population of 2,163,422 or 37.7% of the population of the state control a majority of votes in the State Senate. f. Each of the 49 senatorial districts should have a popu- lation of 41,887 persons per senator to be apportioned on a strict population basis. At present 32 of the said 49 districts deviate from this norm by more than 15%. Of the deviations 8 exceed the norm by more than 15%, while 24 fail to meet the norm by more than 15%. g. As to the Members of the United States House of Representatives, the five Congressional Districts have a population as follows: First District: 364,962 Second District: 608,441 Third District: 460,100 Fourth District: 295,072 Fifth District: 449,565 Thus a vote cast in the 4th District is worth more than twice as much as a vote cast in the 2nd District. h. Each of the Congressional Districts should contain 435,628 persons to be apportioned on a strict population ' basis. At present, 3 of the 5 districts deviate from this norm hy more than 15%. Of the deviations, 1 exceeds the norm by more than 15%, while 2 fail to meet the norm by more than 15%. IV. THE DENIAL OF THE RIGHT TO VOTE 6. Up to and including the date of the election of the present Legislature of the State of Mississippi, there has been a systematic denial of the right to vote to Negro citi- zens of the State of Mississippi who constitute approxi- mately 42% of the population of the State. Said denial of the right to vote has been effectuated by the following methods : a. The passage and/or enforcement of legislation inter- 41 fering with and improperly restricting the right to vote of Negroes, both openly and through the use of _ devices not appearing to be directed towards disfranchising Negro citizens but in fact having that purpose and effect ; ; b. Violence and intimidation by public officials, including many elected to office, consisting of assault on Negroes who have attempted to register and others who accompany them to register, and physical intimidation of those suspected of desirmg to vote or aiding others exercising their right to vote; . * . ce. Action by public officials condoning private violence, including refusals to protect Negroes and prevent assaults upon them and refusals to ascertain the facts and punish the wrongdoers, when such assaults have taken place ; d. Economic retaliation against Negroes who seek to register, accomplished with the aid of public officials, con- sisting of taking pictures of those who attempt to register ; the printing of the names and addresses of those who wish to register and the requiring of Negroes to return to the registrar’s office to determine whether he has passed the test and other devices; all aimed at endangering the per- sonal economic position of any Negro attempting to exercise his right to vote. ae e. Misuse of broad discretion by local officials involved in the administration of laws having to do with the right to vote, including the application of different and more string- ent standards to Negro applicants than to white, rejection of the applications of qualified Negroes, rejection of Negroes who have equal or superior qualifications than whites who were accepted ; f. Delays, obstruction, technical obstacles, and refusal of routine administrative assistance by voter registrars to Negroes, including subjecting Negro applicants for registra- tion to procedures different from those applied to white applicants, refusals to permit Negroes to apply, unreason- able delays, denying Negroes assistance but furnishing as- sistance and answers to whites, falsely advising Negroes that they failed the test, and refusals by registrars to see and process Negro applicants. g. Each of such methods has likewise been used to prevent and obstruct the right of Negroes to run for office or be nominated or be a candidate in both primary and general elections. 42 7. As a result of such denials no Negro was elected to or now sits as a member of the Mississippi legislature or the Congress of the United States from Mississippi. V. CAUSES OF ACTION 8. The facts herein alleged constitute a denial to the plain- tiffs of the equal protection of the laws as guaranteed to them by the Fourteenth Amendment to the United States Constitution. 9. The facts herein alleged constitute a violation of the right to vote of the plaintiffs under the Fifteenth Amend- ment to the United States Constitution. 10. The facts herein alleged constitute a denial to the plaintiffs of their right to a republican form of government, in violation of Article I, Section 4 of the United States Constitution. 11. The facts herein alleged constitute a violation of the Constitution and statute and common laws of the State of Mississippi regarding the conduct of elections and matters ancillary thereto. 12. Plaintiffs and all others similarly situated are suffer- ing irreparable injury to their aforesaid rights by reason of said facts. They have no plain, adequate or complete rem- edy to redress these wrongs other than by this suit for declaratory judgment and injunctive relief. Any other remedy would be attended by such uncertainties and delays as to deny substantive relief, and would cause further irrep- arable injury, damage, expense, and inconvenience to plain- tiffs and all others similarly situated. VI. BASIS FOR THE SPECIFIC RELIEF REQUESTED 13. Plaintiffs and all others similarly situated have no adequate political remedy for the wrongs resulting from the denial to them of the right to vote because the Mississippi Legislature as presently constituted is inherently incapable of securing the constitutional rights of said plaintiffs for the reasons that: a. Negro citizens have been and are systematically ex- cluded from participation in the election of the present Legislature as well as of past Legislatures in violation of the Fifteenth Amendment to the Federal Constitution. 43 b. The Mississippi Legislature has consistently, syste- matically and purposefully discriminated against Negro citizens of Mississippi. Such discrimination evidences the incapacity of this Legislature to protect and enforce the constitutional rights of the plaintiffs. 14. Plaintiffs and all others similarly situated have no adequate political remedy for the wrongs resulting from the dilution of their right to vote because the Mississippi Legislature as presently constituted is inherently incapable of preparing a valid reapportionment plan consistent with the United States Constitution for the reasons that: a. The apportionment plan under which the Legislature was elected was adopted only three (3) years ago, and yet is on its face unconstitutional ; b. The present Legislature controls the process by which the Mississippi Constitution is amended. The history of past Legislatures in general and of this Legislature in par- ticular demonstrates that a primary purpose and effect of its acts has been to continue the dominion of those groups presently in control of it at the expense of the plaintiffs and all others similarly situated. Not only the establishment of state legislative and Congressional districts of unequal size, but also the determination of the boundaries for such dis- tricts, may and in all likelihood will be utilized by the pres- ent Mississippi Legislature for this purpose. 15. Unless this Court grants the relief prayed for herein, the result will be the continued sitting of a legislature un- constitutionally elected in a derogation of the constitutional rights of the plaintiffs and all others similarly situated. Said Legislature would continue to sit until January of 1969 and exercise direct governmental power in said State. Plain- tiffs and others similarly situated have been, are and will be denied fair representation in the halls of their State Govern- ment for a period of over three (3) years duration. During this said period, legislative action and inaction will occur which will directly affect the most fundamental interests of the plaintiffs and others similarly situated. The unconsti- tutionally elected legislators are responsible for the educa- tional needs of the plaintiffs and others similarly situated, as well as the health and welfare of the said plaintiffs. The Legislature is responsible for public safety, the administra- tion of criminal justice and for the protection of the consti- tutional liberties of said plaintiffs. Said legislators will 44 have responsibility and influence over Federal programs de- signed to meet pressing social and economic problems of many of the State’s citizens, such as the Federal anti- poverty programs, aid to education, urban renewal pro- grams, and public housing programs. Plaintiffs and all others similarly situated have a constitutional right to rep- resentation, which right has been and is presently denied, and the restoration of which cannot be permitted to await action by the present Legislature of the State of M’ssissippi or the expiration of its term. VII. PRAYERS FOR RELIEF 16. WHEREFORE, plaintiffs, on behalf of themselves and all others similarly situated, pray that this Court: a. Assume jurisdiction in this matter and convene a statu- tory three-judge court pursuant to Title 22, United States Code Sections 2281 et seq. [sic] b. Declare plaintiffs’ rights to the effect that the present Mississippi Legislature was elected and is sitting in viola- tion of the Fourteenth Amendment to the Federal Constitu- tion, the Fifteenth Amendment to the Federal Constitution and Article IV, Section 4 thereof. e. Declare plaintiffs’ rights to the effect that the present scheme of apportionment of the Mississippi Legislature and of Congressional Districts in the State of Mississippi vio- lates the aforesaid provisions of the United States Constitu- tion; and that the sections of the Mississippi Constitution and statutes relating to such apportionment, or providing or permitting discrimination against any citizen of the State of Mississippi because of his race or color, now in effect or in effect for the elections conducted for the incumbent members of the Mississippi Legislature or the incumbent members of Congress from Mississippi, are unconstitutional as repugnant to the United States Constitution and there- fore are null, void, frustrate and of no effect. Further, plaintiffs, on behalf of themselves and all others similarly situated, pray this court to issue a temporary and permanent injunction to: d. Enjoin defendants from carrying out each and any consitutional or legislative duty or right pertaining to the conduct of the legislative business of the State of Mississippi. e. Enjoin the conduct of any primary, general or special 45 election for the Mississippi State Legislature until such time as this Court finds that the plaintiffs possess the rights guaranteed them by the Constitution of the United States. f. Require the defendants to take such action as may be appropriate to remedy the denial by them of the right to vote to the plaintiffs and others similarly situated. g. Appoint a special master to prepare a plan of appor- tionment for the House of Representatives and the Senate of the State of Mississippi, and the Congressional Districts of the State of Mississippi, in such manner as to take into account all factors relevant to the protection of the rights of the plaintiffs and the Negro residents and voters of the State of Mississippi. h. Require the holding of a special election for the said House and Senate when the foregoing has been accom- plished. i. Further, the plaintiffs pray that this Court allow the plaintiffs their cost herein including reasonable attorney fees. j. Further, plaintiffs pray that this Court retain juris- diction to supervise and guarantee the proper performance of the foregoing, and to grant such other and further relief as to this Court seems just, equitable and proper. Attorneys for Plaintiffs: /s/ L. H. Rosenthal L. H. RosentHaL Suite 406 518 E. Capitol St. Jackson, Mississippi PETER MaRcusE 49 Leavenworth St. Waterbury, Connecticut KunstTLer, Kunstier & Kinoy by: William M. Kunstler and Arthur Kinoy 511 Fifth Avenue New York, New York Situ, Waurzer, Jones & PEEBLES by: Benjamin Smith Bruce C. Waltzer 1006 Baronne Building New Orleans, Louisiana 46 Morton Stavis 744 Broad Street Newark, New Jersey Cart RacHuin 38 Park Row New York, New York Metvin L. WuLr A.C. L. U. 156 Fifth Avenue New York, New York ALVIN BRONSTEIN 603 Farish Street Jackson, Mississippi PLAINTIFF’S EXHIBIT 19 MAY 17, 1971 PERCENTAGE VOTES CAST IN FEBRUARY, 1968 ELECTION FOR CHARLES EVERS, CANDIDATE FOR CONGRESS IN THE PRECINCTS LOCATED IN THE COGNIZABLE RACIAL MINORITY CONCEN- TRATION (CRMC). SOURCE: Voting records are taken from the Recapitula- tion Sheets of the Hinds County Democratic Executive Committee, certified copies being filed with the Clerk of the Court. CRMC figures are 1970 Census, Bureau of the Census. Precincts are those in effect at the time of the election. Percent Enumerator Percent of Vote Districts in Black Population Precinct for Evers Precinct in Enumerator Number in Precinct within CRMC Districts 5 82.1 56, 57, 58 99.045 7 74.4 61, 59, 60, 99.093 22 43.8 19, 20, 35 98.701 23 77.7 20, 21, 31, 79.579 33, 36, 37 24 81.1 21, 23, 26 98.080 25 72.1 29, 30, 34 95.209 26 69.2 56, 62, 70 96.944 28 61.7 69, 70 98.944 29 56.2 24, 28, 29 86.652 40 60.5 100 91.909 41 75.7 105 99.142 43 76.7 106, 107, 130, 99.435 131, 133 47 48 PERCENTAGE VOTES CAST IN AUGUST, 1967 ELEC- TION FOR JACOB L. REDDIX, CANDIDATE FOR REPRESENTATIVE, IN THE PRECINCTS LOCATED IN THE COGNIZABLE RACIAL MINORITY CONCEN- TRATION (CRMC). SOURCE: Voting records are taken from the Recapitula- tion Sheets of the Hinds County Democratic Executive Committee, certified copies being filed with the Clerk of the Court. CRMC figures are 1970 Census, Bureau of the Census. Precincts are those in effect at the time of the election. 49 PERCENTAGE VOTES CAST IN AUGUST, 1967 ELEC- TION FOR EDDIE H. TUCKER, CANDIDATE FOR REPRESENTATIVE, IN THE PRECINCTS LOCATED IN THE COGNIZABLE RACIAL MINORITY CONCEN- TRATION (CRMC). SOURCE: Voting records are taken from the Recapitula- tion Sheets of the Hinds County Democratic Executive Committee, certified copies being filed with the Clerk of the Court. CRMC figures are 1970 Census, Bureau of the Cen- sus. Precincts are those in effect at the time of the election. Percent Enumerator Percent of Vote Districts in Black Population Precinct for Reddix Precinct in Enumerator Number in Precinct within CRMC Districts 5 76.5 56, 57, 58 99.045 7 62.6 57, 59, 60, 99.093 61 22 46.7 19, 20, 35 98.701 23 68.9 20, 21, 31, 79.579 33, 36, 37 24 65.1 21, 23, 26 98.080 25 60.3 29, 30, 34 95.209 26 57.7 56, 62, 70 96.944 28 53.3 69, 70 98.944 40 54.0 100 91.909 41 71.1 105 99.142 43 70.2 106, 107, 130, 99.435 131, 133 Percent Enumerator Percent of Vote Districts in Black Population Precinct for Tucker Precinct in Enumerator Number in Precinct within CRMC Districts 5 63.8 56, 57, 58 99.045 7 53.9 57, 59, 60, 99.093 61 22 36.7 19, 20, 35 98.701 23 58.4 20, 21, 31, 79.579 33, 36, 37 24 59.6 21, 23, 26 98.080 25 52.6 29, 30, 34 95.209 26 49.2 56, 62, 70 96.944 28 40.7 69, 70 98.944 29 34.2 24, 28, 29 86.652 40 39.8 100 : 91.909 41 59.3 105 99.142 43 57.4 106, 107, 130, 99.435 OFFICE oF THE CrrcuIT CLERK Hinps County H. T. Ashford, Jr. Clerk Jackson, Mississippi STATE OF MISSISSIPPI COUNTY HINDS I, H. T. Ashford, Jr., Clerk of the Cireuit Clerk in and for the said State and County do hereby certify that the above and foregoing is a true and correct copy of Pages 3 and 4 of the recapitulation sheets of the election held on August 8, 1967 and the complete recapitulation sheets of the election held on the 27th of February, 1968, prepared by the Hinds County Democratic Executive Committee and filed in this office. Given under my hand and the seal of the Cireuit Court at Jackson, Mississippi this the 12th day of May, 1971. H. T. Ashford Jr. Cireuit Clerk By /s/ Sara C. Putnam D.C. [ Recapitulation Sheets Omitted] Transcript of Proceedings United States District Court Southern District of Mississippi Jackson Division February 7, 1975 [59] BY MR. PARKER: No, Your Honor, be glad to, in fact I intended to ask the Court to take judicial notice of the record in that Hinds County redistricting case. BY JUDGE COLEMAN: I will upon the request state now that this Court will take judicial notice of all the proceedings in the Kirksey case. 51 Unrtep States District Court SouTHERN District oF MIssIssIPP! JacKson Dtvision Prcey J. Connor, ET AL., PLAINTIFFS, Civil Action No. 3830 = - — Biled: April 11, 1975 Wituiam L. WALLER, ET AL., DEFENDANTS. | JUDGMENT It appearing to the Court that the Legislature has re- cently enacted Senate Bill No. 2976 and House Bill No. 1290 reapportioning the Senate and House of Representa- tives within the State of Mississippi and that this Court has made no final decision on the 1971 reapportionment case before it and the Court is of the opinion that such 1971 and prior reapportionments proceedings before it should now be finally dismissed without prejudice and that the parties should be required to file an amended complaint involving only the 1975 reapportionment proceedings to simplify the current matter and the issues before the Court; As managing judge in this case and by direction of the entire Court, it is Ordered and Adjudged by the Court: (1) That the entire proceedings before this Court in- volving the 1967 and the 1971 reapportionment of the Legis- lature are hereby dismissed without prejudice ; (2) That the plaintiffs in this case are directed to file in this cause, as Civil Action No. 3830(A), an amended complaint to attack said 1975 enactments of the Legislature of Mississippi withir five (5) days after receipt of a copy of this order; (3) That the defendants shall file their answers thereto within five (5) days after receipt of a copy of such amended complaint. This is a matter of extreme importance at this time and time is important to both sides and this Court upon receipt of such pleadings will immediately proceed to convene and conduct a hearing on the questions presented and make a prompt and proper disposition thereof. A copy of the 52 53 pleadings of the parties shall be mailed directly to the three members of this Court at their proper addresses by the parties. SO ORDERED this April 10th, 1975. /s/ Harold Cox Unrrep States District Jupee In tHE Unirep Srates District Court ror THE SouTHERN District oF MISssISSsIPPI Jackson Division Civil Action No. 3830(A) (Three-Judge Court) Filed April 15, 1975 AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER EquitasBLe RELIEF [Caption Omitted] A. Jurisdiction 1. Plaintiffs file this Amended Complaint for Injunctive and Other Equitable Relief pursuant to this Court’s Order of April 11, 1975. The successors in office of the original defendants are substituted for their predecessors in office pursuant to Rule 25(d), Federal Rules of Civil Procedure, and are sued individually and in their official capacities. 2. Plaintiffs seek injunctive relief against the enforce- ment, implementation and/or administration of House Bill 1290, Laws of Mississippi, 1975 Regular Session, and Senate Bill 2976, Laws of Mississippi, 1975 Regular Session as violative of plaintiffs’ rights secured by Section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973¢, the Fourteenth and Fifteenth Amendments to the United States Constitu- tion, and 42 U.S.C. §§ 1971, 1973, and 1983. Plaintiffs fur- ther seek approval by this Court of a statewide, single- member legislative redistricting plan for both houses of the Mississippi Legislature as a remedy for the violations of plaintiffs’ rights. 3. This Court has jurisdiction of this action and this Amended Complaint pursuant to 28 U.S.C. §§ 1331 and 1343 and 42 U.S.C. §§ 1971(d) and 1973}(f). A three-judge Dis- trict Court is required pursuant to 28 U.S.C. 4 2281 and 42 U.S.C. § 1973e. B. Count One: Section 5 of the Voting Rights Act of 1965 4. The State of Mississippi and all of its political sub- divisions are covered by and included within the prohibi- 54 55 tions and provisions of Section 4(a) of the Voting Rights Act of 1965, 42 U.S.C. § 1973b(a). 5. H.B. 1290 and S.B. 2976. Miss. Laws, 1975 Reg. Sess., were enacted by the 1975 Regular Session of the Mississippi Legislature, and signed by Governor William L. Waller. Together they constitute a legislative redistricting plan for the Mississippi House of Representatives and Mississippi Senate which substantially altered and changed the prior districts as established by the Mississippi Legislature in 1971, Mississippi Code Annotated $4 5-1-1 and 5-1-3 (1972). 6. H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., constitute a standard, practice, and procedure with respect to voting different from that in force or effect on November 1, 1964, within the meaning of Section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 197°c, as amended. 7. Neither the State oi Mississippi, or any of the de- fendants or their attorneys, nor the chief legal officer of the State of Mississippi have submitted H.B. 1290 or S.B. 2976, Miss. Laws, 1975 Reg. Sess., to the United States Attorney General for review and clearance under Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 4 1973e, nor has the State of Mississippi, nor any of the defendants or their attorneys, nor the chief legal officer of the State of Missis- sippi instituted an action in the United States District Court for the District of Columbia pursuant to Section 5 of the Voting Rights Act for a declaratory judgment that such statutes do not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color. 8. The State of Mississippi and the defendants have enacted and approved H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., and presently seek to administer such statutes without obtaining the review and clearance re- quired by Section 5 of the Voting Rights Act of 1965, in violation of the rights of plaintiffs secured by Section 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973e. C. Count Two: Malapportionment 9. H.B. 1290 and S.B. 2976 as they provide state legisla- tive districts are identical to the legislative redistricti plan ordered by this Court in its judgment of May 18, 1971, as supplemented by this Court’s order of May 21, 1971, except for Districts 31, 45, and 46 of H.B. 1290. 56 10. H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., establishing state legislative districts for the elections of members of the Mississippi House of Representatives and Mississippi Senate establish irrational, invidiously discrim- inatory, and unequal districts which have in the past and presently deprive plaintiffs and all others similarly situated of rights guaranteed them by the Fourteenth Amendment to the United States Constitution. 11. According to the 1970 U.S. Decennial Census of popu- lation taken by the U.S. Bureau of the Census, Mississippi had a total population of 2,216,912. Accordingly, the norm, or ideal population size, for a legislative district for elec- tion of members to the Mississippi House of Representa- tives is 18,171 persons, and the norm, or ideal population size, for a legislative district for election of members to the Mississippi Senate, is 42,633 persons. 12. The Mississippi House and Senate districts as deter- mined by H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., are grossly malapportioned, and fail to provide for substantial equality of population among the legislative districts. 13. Under H.B. 1290, Miss. Laws, 1975 Reg. Sess., 122 members of the Mississippi House of Representatives are apportioned among 46 House districts. Exclusive of floterial districts, which are covered in the next paragraph, H.B. 1290 creates districts for the Mississippi House of Repre- sentatives which are underrepresented by as much as 9.906% from the norm of population equality (District 3, DeSoto and Marshall Counties, total population of 59,912, 3 repre- sentatives) and which are overrepresented by as much as 9.823% from the norm of population equality (District 18, Grenada and Montgomery Counties, total population of 32,772, 2 representatives), for a total span of 19.729 per- centage points of variance from population equality. Of the 46 House districts created, 23 (half), electing 63 of the 122 representatives (more than half), vary from the norm of population equality in excess of 5% plus or minus. The ratio of the largest to the smallest district is 1.219 to 1. 14. H.B. 1290, Miss. Laws, 1975 Reg. Sess., provides for nine floterial districts, which are special multi-member dis- tricts, in which one or more representatives are elected from the district at large and one or more representatives are elected from subdistricts within the whole district con- 57 sisting of one or more counties or supervisors’ districts within the district. Use of these floterial districts further dilutes the weight of the votes in each district and subdis- trict. H.B. 1290 creates floterial districts which vary from the norm of population equality by maximum variances of +38.694% (District 4, Monroe County, 1 representative) to —24.269% (District 25, Newton County, 1 representative) for a total span of 62.963 percentage points of variance. 15. Under 8.B. 2976, Miss. Laws, 1975 Reg. Sess., 52 members of the Mississippi Senate are apportioned among 33 Senate districts. Exclusive of floterial districts, which are covered in the next paragraph, S.B. 2976 creates dis- tricts for the Mississippi Senate which are underrepre- sented by as much as 9.584% from the norm of population equality (District 29, George, Greene, Perry, and Wayne Counties, total population of 46,719, 1 senator), and which are overrepresented by as much as 9.319% from the norm of population equality (District 19, Kemper and Lauderdale Counties, total population of 77,320, 2 senators), for a total span of 18.903 percentage points of variance from popula- tion equality. Of the 33 Senate districts, 18 (more than half), electing 26 of the 52 senators (half), vary from the norm of population equality in excess of 5% plus or minus. The ratio of the largest to the smallest district is 1.208 to 1. 16. S.B. 2976 provides for one floterial district (District 27). In this floterial district the two subdistricts, (1) Cov- ington, Jefferson Davis, Lawrence, and Marion Counties, and (2) Jones County, are over-represented by variances of —5.923% and —10.708 percent respectively, for a total span of 20.292 percentage points of variance. 17. The Mississippi Legislature, and the defendants, have failed to make an honest and good faith effort to construct districts, in both the Mississippi House of Representatives and the Mississippi Senate, as nearly of equal population as is practicable. 18. H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., fail to produce the minimum deviation from the ideal of population equality, both above and below the norm, keep- ing intact political boundaries. 19. In its 1973 Regular Session the Mississippi Legisla- ture considered and rejected a state legislative reapportion- ment plan which provided considerably more equality of population among the state legislative districts than is pro- 58 vided by H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess. On January 3, 1973, the Interim Study Committee on Legislative Reapportionment submitted proposals for redis- tricting of the Mississippi House and Mississippi Senate which would have provided greater equality of population among the districts and would have minimized variances for the House districts to +6.8% and —7.9%, for a total span of only 14.7 percentage points of variance, and minimized variances for the Senate districts to +6.0% and —6.8%, for a total span of only 12.8 percentage points of variance. No districts for either the House or Senate would have had variances over 8% plus or minus. All county boundaries were maintained intact. The recommendations of the Interim Study Committee on Legislative Reapportionment were in- troduced in the Mississippi House as House Bill 446 and in the Mississippi Senate as Senate Bill 1701, 1973 Reg. Sess., but were not passed in the form in which they were intro- duced. 20. (a) In its 1975 Regular Session, the Mississippi Leg- islature considered but rejected state legislative redistrict- ing plans prepared by Dr. David Valinsky, Chairman and Professor of the Department of Statistics, Bernard M. Baruch College, City University of New York, which would have provided much greater equality of population among the districts. (b) The Valinsky plan provided single-mem- ber districts, statewide for both the Mississippi House of Representatives and the Mississippi Senate. (c) The Valinsky House plan provided a maximum plus variance of 3.09% and a maximum minus variance of 2.30%, for a total deviation of 5.39%. (d) The Valinsky Senate plan provided a maximum plus variance of 1.66% and a maximum minus variance of 1.73%, for a total deviation of 3.39%. (e) The Valinsky plan for the House was proposed as Floor Amend- ment No. 5 to H.B. 1290 by Rep. Robert Donald, but was defeated by a vote of 4 to 106. (f) The Valinsky plan for the Senate was considered by the Senate Committee on Elections but rejected without a floor vote. 21. H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., fail to provide for the maximum possible substantial equal- ity of population among the House and Senate legislative districts, unconstitutionally dilute and debase the voting strength of plaintiffs and members of the plaintiff class, consisting of all registered voters of the State of Missis- sippi, and unconstitutionally and irrationally enhance or 59 debase voting strength depending upon the happenstance of the voter’s area of residence, all in violation of the Four- teenth Amendment to the United States Constitution and 42 U.S.C. § 1983. 22. The failure of H.B. 1290 and S.B. 2976 to provide districts which are substantially equal in population and which conform to constitutional requirements derives in part from the statutes’ exclusive reliance on county lines as boundaries for legislative districts, although these statutes fail even to achieve the maximum population equality which could be obtained relying exclusively on county boundary lines. The exclusive use of county lines as boundaries for legislative districts is irrational, arbitrary, and discrimi- natory. D. Count Three: Racial Discrimination 23. (a) Of the 46 districts for election of members of the Mississippi House of Representatives provided by H.B. 1290, Miss. Laws, 1975 Reg. Sess., 33 districts are multi- member districts within which representatives are elected at large from the entire district, and of these 9 are floterial districts in which representatives are elected from sub- districts. Of the 33 districts for election of members of the Mississippi Senate provided by S.B. 2976, Miss. Laws, 1975 Reg. Sess., 14 districts are multi-member districts within which senators are elected at large from the entire district, and of these 1 is a floterial district in which senators are elected from subdistricts. (b) Under H.B. 1290, 109 of the 122 members of the Mississippi House of Representatives, or 89% of the entire membership of the House, are elected from multi-member or floterial districts in which two or more members are elected from a single district. (c) Under 8.B. 2976, 33 of the 52 members of the Missis- sippi Senate, or 63% of the entire membership of the Senate, are elected from multi-member or floterial districts in which two or more members are elected from a single district. 24. (a) H.B. 1290 and S.B. 2976 are identical to the legislative districts in effect for the 1971 state legislative elections, except for Districts 31, 45, and 46 of H.B. 1290. (b) Of the 29 Black candidates who ran for the Legisla- ture in 1971, 28 were defeated. 60 (c) Of the 28 Black legislative candidates who were defeated in 1971, 24 were required to run in multi-member districts. 25. The multi-member districts provided by H.B. 1290 and S.B. 2976, Miss. Laws, 1975 Reg. Sess., are invidiously discriminatory and operate with the purpose and/or effect of minimizing and cancelling out the voting strength of sub- stantial numbers of blacks in the Mississippi voting popu- lation. 26. According to the 1970 U.S. Census of Population, Bureau of the Census, the population of the State of Missis- sippi contains 1,393,203 white persons, or 62.85% white, 815,770 black persons, or 36.80% black, and 7,859 other minority persons, or 0.35% other minorities. Mississippi has a greater percentage of black persons in its population than any other state in the United States. 27. (a) From 1890 to the present time, only one black person, Rep. Robert Clark of Ebeneezer, has been elected to the Mississippi House of Representatives, and no black persons have been elected to the Mississippi Senate. (b) From 1890 to the present time, no Black candidates for the Mississippi Legislature have been nominated for legislative office in any party primary. 28. In Mississippi the political processes leading to nomi- nation and election to the Mississippi Legislature and other elective positions have discriminated against black persons and have had the purpose and/or effect of denying to black persons in Mississippi the opportunities enjoyed by white persons to participate in the political processes and to elect legislators of their choice, including, but not limited to: (a) At least until 1952, the Rules of the Mississippi Democratic Party excluded blacks from participation in the Democratic primaries of the State. (b) At least until 1964, the platforms of the Mississippi Democratic and Republican parties adopted at their respec- tive state conventions contained provisions espousing segre- gation of the races as a principle of those respective parties. Mississippi law (Miss. Code § 3129 (1956 Recomp.)) barred from participation in state primaries any person who was not ‘‘in accord with the statement of the principles of the party holding such primary, which principles shall have been declared by the state convention of the party holding such primary,’’ thus banning all advocates of racial inte- 61 gration and practically all Mississippi black people from participating in party primaries. (c) At least until 1964, and in many places for many years thereafter, public schools in the state of Mississippi were segregated on the basis of race, and dual, bi-racial school systems were maintained throughout the state. (d) Prior to the passage of the Voting Rights Act of 1965, qualified black voters in Mississippi were almost completely disfranchised, and prevented from registering to vote, by the racially discriminatory voter registration tests and procedures established by the Mississippi Legislature which were suspended by the terms of the Voting Rights Act of 1965. As of 1964, only an estimated 6.7% of the voting age black persons in Mississippi had been permitted to register to vote. (e) Black candidates for positions in the Mississippi Legislature have been disqualified from running, and their names have been kept off the ballot, through the application of racially discriminatory and unconstitutional qualifying requirements. (f) Black people in Mississippi have long suffered from, and continue to suffer from, the results and effects of invidious discrimination and treatment in the fields of edu- cation, employment, economics, health, politics, and others. Black people in Mississippi suffer from disproportionately lower income, disproportionately lower educational attain- ment, disproportionately higher rates of unemployment, and economic dependence upon often hostile whites, all of which constitute difficult, often insurmountable barriers to their free and equal participation in the political processes. (g) As a result of the above-stated discrimination, voter registration among blacks in Mississippi is disproportion- ately lower than white registration. 29. The Mississippi Constitutional Convention of 1890 in its reapportionment plan for the Mississippi Legislature diluted Black voting strength and gerrymandered state legislative districts by : (a) Increasing the number of representatives in the State Legislature by 13 and alloting the increase to the white majority counties ; (b) Creating subdistricts in at least four majority Black counties, and carving out majority white single-member districts to increase white representation in the Mississippi 62 Legislature and reduce the representation of Black con- stituencies ; (c) Otherwise, keeping county lines intact in state legisla- tive districts, and dividing the state into three constitutional apportionment districts, and permanently assigning each apportionment district one-third of the members of the House of Representatives, thus limiting the representation from the majority Black counties concentrated in the Delta and River Counties. 30. The Mississippi election statutes are designed to and have the purpose and effect of depriving black candidates for legislative office in at-large, or multi-member districts, of the opportunity to be elected and enhance the opportunity for racial discrimination : (a) Miss. Code Ann. § 23-3-69 (1972) requires that can- didates receive a majority of the votes cast to secure nom- ination in the Democratic primary, which in most parts of Mississippi is tantamount to election. (b) Miss. Code Ann. §3110 (1956 Recomp.) requires that in primaries for selection of nominees for legislative office, voters must vote for the full number of candidates to be nominated, and single-shot voting is prohibited and single-shot votes are rejected. (c) Under H.B. 1290 and S.B. 2976, candi [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_IA40385004_0972%3A03. Public record. Not legal advice.