Appendix — Mobile v. Bolden

Supreme Court brief1980

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Text

Supreme Court, U. &

FILED |

NOV 16 i978

~~

MIOWAEL RODAK, JR., CLERK

APPENDIX

VOLUME II — Pages 306 - 620

IN THE

Supreme Court of the Anited States

OCTOBER TERM, 1978

No. 77-1844

CITY OF MOBILE, ALABAMA, et al,

Appellants,

WILEY L. BOLDEN, et ai,

Appellees.

ON APPEAL FROM THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

JURISDICTIONAL STATEMENT FILED JUNE 27, 1978

PROBABLE JURISDICTION NOTED OCTOBER 2, 1978

ioe:

(i)

INDEX

Volume II

Page

Testimony of Lambert Mims......................0005- 307

Testimony of Gary Greenough .................00500005 396

Testimony of Lambert Mims (Resumed).................401

Testimony of Gary Greenough (Resumed)............... 485

Testimony of James E. Voyles (Resumed)............... 500

Testimony of George Winstanley.....................4.. 518

ee I vi ca ceccccoccctéosccccossceses 524

ee I i cncdccccctcoccccedéeneencads 540

Testionomy of Jack GumMmnerell ... 2... cccccccccccccccces 545

ee ry ED 6c cncccadccccctecsccseeces 546

Testimony of John A. Calametti.....................06. 556

Se vnc 00 kes bataudncdeekdsocccesckacanccas 568

Plaintiffs’ Exhibits

No. 5 — 1973 Mobile Voter Registration for Selected

WD curds oud cbbdpcebhensSecissneddeduddpesvus cn 572

No. 6 — 1976 Mobile Voter Registration for Selected

Wn knctscaceudeeusiesusdecesenbabieaednsess 573

No. 7 — Summary Mobile County Voter Registration. ... . 574

No. 9 — Excerpts from Voyles Thesis: “*An Analysis

of Mobile Voting Patterns, 1948-70" ................ 575

No. 53 — Summary of Statistical Analyses.............. 591

No. 61 — Excerpts from File ““Newspaper Ads”......... 593

No. 62 — Newspaper article “Numerous Cross

(ii)

No. 64 — Summary of City Committees ................ 601

No. 65 — File of Grand Jury Report and Newspaper

clippings from 1976 re: Police Brutality.............. 605

No. 73 — Summaries of City Employment Data (1975). ..611

No. 75 — Summary — City Streets .................... 614

No. 111 — Sub exhibit N to Documents regarding

Utilization of Revenue Sharing Funds................ 615

were concerned was held the next day, that is April 9th.

| to the extent that he has them, indicate that that is

(RECESS)

THE COURT:

All right. You may proceed.

MR. ARENDALL:

If your Honor please, during the noon recess,

Mr. Doyle checked his secretary's calendar and it appears

that the call from Mr. Clint Brown came in on April 8th,

a Thursday, sometime between eleven-thirty in the morning

and three-thirty-five in the afternoon, the exact time was

| mot noted, because he accepted the call without his secretary

making some notation that he had called at a certain time

and it appears that the meeting with some of those who

|

So that it could properly be referred to as a Friday meeting

rather than a Thursday meeting.

My understanding is that Mr. Blacksher's own notes,

| correct.

THE COURT:

Fine. Thank you. Are you through with the witness?

| MR. ARENDALL: |

Yes, sir. |

“THE COURT:

Whom will you have next, please?

—os 74

larly strong support?

A Well, there was Reverand Tunstall, and Mr. Evans

and a number of other blacks who played a good part in my |

campaign for re-election.

Q Did you visit the non-partisan voters league?

a Not in the '73 campaign. When I ran in 1965 I

was screened by the non-partisan voters league.

Q Did yougo to the polls in 1969 and do you remember

any of the activities of Mr. Beasley, at that time?

a Yes, I do.

Q Tell us about those.

a Well, it has been my policy, every since I have

been involved in politics, on election date, to make as

many polls as possible and, on that particular election day

in 1969, Mr. Beasley was, if my memory serves me correctly, |

it was my understanding that he was actually discouraging |

- black people from coming to the polls and participating in

standing at the ward ten balloting place on Davis Avenue and

the election process.

Q Mr. Mims, before we go into details with respect

to your responsibility as public service commissioner, I malt

like for you to outline for the Court the basic set up for |

the supplying of various governmental services to Mobilians?

First, Mobile Water and Sewer Board, what is that?

|

| B26 = =a

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| Q Now, Mr. Mims, in your 1965 race for the City |

| Commission were there seven candidates including the then |

| incumbent, Mr. Charles Trimmier?

: A Mr. Trimmier was a candidate and I am sure that

number is correct.

Q I will ask you whether or not, in that election you

had a runoff between yourself and Henry Luscher, Jr., whose

father had previously been a member of the Commission?

A This is correct.

Q In 1969, were you again opposed by Mr. Henry Luscher

Jr., as well as Charles F. Cooper and were you re-elected

without a runoff?

A This is correct.

Q In 1973 were there six candidates, including

Alphonso Smith and Lula Albert, who were black?

A This is correct.

Q Did you win in that race without a runoff?

A I did.

Q Mr. Mims, in that race did you seek black support?

A I have always sought black support.

Q Did you have any blacks active in your political

campaign?

A Yes, I did. |

Q Could you identify any blacks who gave you particu- |

307 ee |

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308°

825

entity separate from the City Commission.

which are appointed to that board by the City Commission

> a 2 ee 8 a 2

A Well, the Mobile Water and Sewer Board is an

The members of

and this board has the responsibility of providing water and

sewer service to the citizens of the City of Mobile.

Is it established by State law?

This is correct.

Is Mr. Milton Jones a black, a member of that board? |

He is.

Does that board handle City drainage matters? |

Not storm drainage matters.

That is a function of the City government, itself?

This is correct and, under the specific duties of

the public works commission.

Q All right.

| you give us the relationship of that unit to the City

I am not mistaken.

“this board.

'

Mobile County Health Department. Would

a Well, the Mobile County Board of Health has

| government?

members who serve at the pleasure of the County Commission, if

The City Commissioners do not appoint to

However, by statute, by State law, each municipality |

within the County, as well as the County, has to contribute

=e

to the Board of Health and in the case of the City of Mobile

—=pe-

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ee |

regard?

|

_ we contribute far more than the amount that is prescribed by

_ law. I think we support the Board of Health at the tune of

two dollars and forty cents per capita when the State law

actually requires sixty cents, if I am not mistaken.

Q Mobile Housing Board?

a The Mobile Housing Board is also a separate entity and

| its function is to provide public housing for the City of |

| Mobile and the members of that board are appointed by the |

Mobile City Commission or more specifically the mayor, who is

| serving, at that time.

! Q Is that the agency that has been charged of public

| housing here and works with the Federal agencies in that

A“ This is correct. They work for closely with HUD and.

the other Federal agencies and, in the past, had been

designated as our urban renewal agency in the City.

Q Was Mr. John LeFlore a member of the board?

| A He was for a number of years.

Q Is there currently, on the board, Mr. John F. Grey,

“who is black? ;

A He is black, yes.

Q And he is on that board? |

A This is correct. |

Q Mobile County Personnel Board? |

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827

la Well, the Mobile County Personnel Board is certainly

| separate from the City Commission. In fact, in many cases

' has more power, in my opinion, than the City Commission,

| because it tells us what to do.

T

It ie a three member board and these board members

'

iI

| are selected by a supervisory committee that is made up of

| one representative from each of the participating governmenta!

|

i!

entities. a

Q That would be the City of Mobile has only one

member on the supervisory committee?

A This is correct. And I think there are seventeen

|

|

| members of that committee, and it has been a contingen of

| the City government for a long time that there is a terrible

tnadequaty that exists here inasmuch as we are called on to

| pay fifty-five percent of the operating costs of this board,

| yet we only have one vote out of seventeen in selecting the

| board members and, of course, the board members then select

| a director and they operate the program and screen all

| applicants for job opportunitites in the City as well as in

all of these other governmental agencies.

Q When the City considers that it wants someone to --

or wants to fill a position on the City payroll, what procedui

{

| te followed?

— se so

lA Well, if we want a secretary, for instance, a position

ie

all

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ae

——- =-- —— —_—-

ts opened for secretary or a position has been vacated, and

we need to fill that vacancy, we notify the Personnel Board

| that we need to fill this vacancy. They, in turn, furnish “

with a certified list of qualified people.

In other words, when we get the list from the |

| Personnel Board we have the assurance that the names on eI

| list have been examined and screened and they are qualified |

| to do whatever it is that we need to have done and, in this |

case, we are talking about a secretary. So, we have five |

| names on the list, say, and then we have the privilege of |

selecting from the top three and every vacancy within the

City, with the exception of the City Attorney and one or

two appointed positions, every one of them are handled just

| this way.

Q I understand they give you a list of five names,

but you may only select from the top three?

A Well, I just used the number five, there could be ten

| on the list, we still can select only from the top three.

| Q Out of curiosity, why do they give you more names t

| three, then?

A Well, these names move on up the list. Say there ar

ten names on the list for stenographic secretary, within the

_ system and the City of Mobile this week needs a secretary and

we take the one right off the top. Well, then, the number

ee Sees a tee eee ae |

30 ——_——_---—+-

two person moves up to number one and say maybe the County |

might need a secretary and they can select from that top

three.

Q I see. Are there any other agencies that are actual

not part of the City of Mobile's government that perform

important function in providing public services that I have |

not asked you about?

A Well, we have recently set up the Mobile Transit

Authority that handles the public transportation for the City

and then we have an interim airport authority that assists

the airport commissioners and the City Commissioners in the

operation of the airport.

Q Both of those established under State law?

A Well, the transit authority is under State law and

it is my understanding and we hope some day to have a perma~

nent airport authority, however, at this time, it is kind of

an acting authority, for lack of a better word.. We have

used interim airport authorities. |

Q Does the City subsidize bus service in Mobile?

a We do to the tune of three hundred thousand dollars

a year.

Q Would you give us any estimate as to the percentage

of blacks and whites respectively who ride the buses?

A Well, I am sure I am correct in saying that the largest

.. 313

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percentage of riders would be blacks and it is my under-

standing that only four percent of the people of Mobile

actually use the service in any one given day.

Q That is both black and white?

A Right. |

Q Would it be fair to say that an overwhelming number |

of the actual riders are black?

A This is correct.

Q Now, let's go to City committees, Mr. Mims. I don't

know whether you were present in Court or not, but the

Plaintiffs have introduced as their Exhibit 64 a list

supplied by us at their request of all the boards and

committees and so on that are or have been around Mobile in

recent years and I am just going to have to go down them one

by one.

The board of adjustment, is that an agency required by

State law?

A Yes, and it is one of the more active boards.

Q What does it do?

a It rules on variances. For instance, if the person

wants to add on to his house and build a garage and it is going

to go over near the line closer than the six foot that is

allowed, then that person would come befere this board of

adjustment and get a variance.

ee

——-——+83L

|

i

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Q Doesn't he first go to the City planning commission

and then to the board of adjustment or does he?

A No. I don't think so. The planning commission is

another planning function that I imagine we will get into

later.

Q All right. Of the seven members of that board, is

one of them black?

A Yes, he is.

THE COURT:

Just one minute. Please state for me the function

of that board.

A Your Honor, the function of that board is to grant

variances. |

an ait |

Zoning laws?

A Well, we have a zoning commission, too, that acts on

property of two acre plots and larger, but say you have a

plot that was smaller than two acres and you wanted to get a

special exception to put a special business or expand your

house beyond the normal limits or something like this, you

would come before this board of adjustment and ask for an

exception and they hear all of these cases and either grant

or deny your request.

THE COURT:

—-—- as

.. 815

oe

833

Mr. Blacksher and Mr. Arendall, for quick reference

for study in the future, if there is no objection, I am going

to make some pencil notations on the Exhibit, for instance,

like board of adjustments set up by State law. Any objection

to me doing that?

MR. ARENDALL:

No, sir.

MR. BLACKSHER:

No, sir.

THE COURT:

Let the record show that any notes on here will be

made by me in pencil and if the attorneys have any objections

when it is over with, I will hear from you. Go ahead.

MR. ARENDALL:

Mr. Mims, the board of adjustment would also handle,

would it not, what are called applications for exceptions

from zoning ordinances as, for example, when jacinto port

wanted to put the fragnation plant out there on the jacinto

port property. They had to go to the board of adjustment

to get a so called exception “rom the zoning, ordinance, did

they not?

A I am sure this is correct.

Q The next on the list if the air conditioning board.

Is that appointed by the City, iteelf? -

316 *-

ee — - = =

|

| aes ne __ 835

Serer | 834

Wait a minute. I didn't get the function of that

A Yes. But there are some requirements that -- I don' board.

have the ordinance in front of me. There are some specific A That board, as < understand it, your Honor, screens

|

regulations as to who goes on there. In other words, it has

applicants for air conditioning licenses and what not, anything

to be someone who is familiar with the air conditioning or to do with air conditioning and refrigeration. The purpose

refrigeration -- in other words, you don't pick someone who is to make sure we have qualified people to come to our places

: |

doesn't know anything about that. of business or your homes. In the event you call an air

Q What does this board do? | conditioning man you can be assured, if he is functioning in

|

a Well, they screen the applicants for refrigeration and the City of Mobile, he is qualified to work on your air

air conditioning licences, as I understand it. conditioning and not flim-flam you, so to speak.

Q Well, let me read something to you and ask you if -~ MR. BLACKSHER:

sounds approximately correct. | Your Honor, I don't think that guarantees my air

The qualifications for membership on this would be conditioning work, does it?

one, air conditioning refrigeration mechanic who is nominated MR. ARENDALL:

by the Mobile Chapter of Refrigeration Service Engineers The next on the list is architectural review board.

Society. One person whose principal business is registered Tell us what that does.

air conditioning and heating firm nominated by the Mobile A Baek to the architectural review board, the board

Mechanical Contractors Association. One who is nominated by would review the plans on any remodelling projects or any

Mobile Air Conditioning Contractors Association. One alterations to any building that might be in a historic

independent practicing mechanical engineer registered in the | district. The City of Mobile has several historic districts

State of Alabama and one representative of the public. | and you have to go before this board before you can make any

Does that sound about right? alterations to a building in these districts and this is to

A soun .

= oe Sms 68 te assure that the district remains historic and all the buildings

Now, tural .....

. the nent one is the architectural are compatible with the period, whichever period you may be

THE COURT: t a

<< Jey

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—_— —— — +o

836

dealing with, and again these members are from specific

organizations such as the historic development commission *

a member. The preservation society and various other |

organizations make recommendations to us as City Commission .

and we appoint to this board. |

Q The American Institute of Architects is also

recommended to you by the Mobile Association of Architects?

a This is correct.

Q Next on the list is the audiotorium board.

A Well, the audiotorium board is an active board and |

it is set up to assist the Commissioner in charge of the

operations of the audiotorium as well as the City Commission |

in the operation of the audiotorium that serves the entire

community.

Q Of the twelve members are three black?

A I am sure that is right.

THE COURT:

That is what the Exhibit shows.

A It varies, from tine to time. I think there have weds

more and there have been less. |

MR. ARENDALL:

There has been some reference in this case to Mr. Gary

Cooper who has testified. Was Mr. Cooper, at one time, a

member of the audiotorium board?

cal 319

Ss ee

A This is correct.

| to boards and commissions.

| know, reach in the sky and get a name of someone, you don’,

a Yes, he was. I appointed hin.

Q How did he happen to get appointed?

- Well, Mr. Cooper walked into my office one day. I na

never seen him before in my life. |

He was tall, handsome, black man and introduced himself

as Gary Cooper and I said, "I am glad to know you." We

chatted for a few minutes. He said he had just returned from

the military. He had been a major in the Marines or whatever

branch of the service he was in and we had a nice long ona. |

He expressed an interest in civic affairs and the next

time an appointment came open on the board I appointed

Mr. Cooper to the audiotorium board which, I think, was his

first civic appointment after returning from the military.

Q Mr. Mims, is it fair to say that on many of these

boards and committees it is difficult for the City to get |

people willing to serve and if someone will show some nema

in participation in civic affairs they likely can get

appointed to most anything they want to? |

We look for people we can appoint

You just don't go out and, you

know a thing about or don't know anything about their

| performance or don't know that they even have a desire to

”

serve.

— ek

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Q What is the Mobile beautification board?

| ‘THE COURT:

Does the City appoint all members of the audiotorium

board?

A Yes, your Honor.

THE COURT:

All right.

s If I might add, we try to divide these between the

the City and make it more beautiful and engage the community

We try to put people on these boards that have an

interest in the particular area of responsibility and people |

who are willing to serve. |

|

|

three commissioners. If there is twelve members on the board,

then four would have been appointed by one commissioner and

You ask about another board?

four by the other and so on.

MR. ARENDALL:

The Mobile beautification board?

A Well, the Mobile beautification board was set up alien

years ago to do just what it says it does, try to beautify

in civic pride and clean up programs and things such as this.

Q Does it largely relate to shrubbery and things of

that sort, or what?

A Well, it has had, as its projects on a number of

occasions, the planting of shrubs along various boulevards

— _ Se

. BR1

on

in different sections of the City, yes.

Q Mobile bicentennial.....

THE COURT:

I want to know who appoints these, each one of them?

A The City Commission.

THE COURT:

All right. Go ahead.

MR. ARENDALL:

Q Mobile bicentennial commmity committee. Who appoints

it?

“ The Mobile City Commission set up this committee

for the special purpose of celebrating our bicentennial and

they have been quite active during the past year and, at this

point, they are phasing out and cease to be after this year.

Q Central City Development Authority. What is that? |

A This is a fairly new organization that has been set

up to try to rejuvenate the downtown area of the City as wel

as an area just west of the downtown corridor and ic reaches—

out to the loop area and it is very active in trying to |

restore a lot of the area that could, on the.other hand,

deteriorate. |

Q Mr. Mims, I notice from Exhibit 64 that at least, at.

the time that we gave that information to the Plaintiffs,

—————

since then or do you know?

A Well, yes. There are several. In fact, one of the

members, I think, just passed away. The president of Cayfere

was on it, I know, and Mr. Van Antwerp is a member and Mr.

-- the man with Title Insurence.

Q Goebil?

a Goebil is a member and I think the three City

Commissioners serve on this authority, also. | |

Q And the downtown Mobile Unlimited, as a director? |

A Yes. He is on it. |

THE COURT: |

All appointed by the City?

A Yes.

MR. ARENDALL: |

Q This, basically, is suppose to have representation o

people who have business interests in the central City?

A This is correct.

Q Board of examining engineers?

A Well, I don't have the Exhibit in front of me, but

this is another one of those similar to the air contbetening |

board. There are specific requirements that go with these

appointments. You have to have engineers and cupdinenenteed

of these various groups.

Q Membership is appointed by the City?

~ a isadidie — ee + 84

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T

Q But it is with reference primarily for people ify,

|

A Yes. |

licenses to engage in the business of practicing electricity

here, doing electrical work, is that the purpose of it?

a Did you say electrical?

Q I am sorry. Engineers?

a This has to do with stationary engineers, I think.

THE COURT:

Stationary engineers? |

MR. ARENDALL: |

I see what it is. Would the qualifications for

membership on this be a practicing engineer having not less |

than five years active experience in a management of stationgry

engines and boilers? |

A Right.

Q I guess this is sort of a safety group, as far as |

whatever stationary engineers are?

A Let me give you an example. The jail, we have eons 2

and we cannot operate those boilers unless a stationary |

engineer is on duty and that is to keep the:thing from

blowing up. |

Q The next thing is the board of electrical examiners.

Is that appointed by the City?

A Yes, it is.

324: a

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for the masse transit technical study.

} A Yes, it is.

the City Commission?

and Federal highway administration regulations and this

| have been taken over by this new transit authority that has

| been established?

~ Well, not necessarily.

| arteries and these people represented the community and eee

Q My notes indicate that the qualifications here are

appointed by the Mobile Electric and IBEW number five zero

five, which is a union and by Alabama Power Company; is that

right? —

A This is correct.

Q _ What do they do?

A Well, they examine applicants for electrician

licenses. In other words, we want to make oure that the

people who have a license to do business in the City of

Mobile are qualified and they have to go before this board

and they are questioned by people who know something about

electricity.

Q The next one on the list is Citizens Advisory Group

Is that appointed by

That was in compliance with some State

group is not active any longer, as I understand it.

Q That has been taken over, its function, I suppose,

This had to do with major

|

into the plans and did research and discussed the impact.

: Three Mile Creek freeway, is that the same group as the

4

This artery -- I think we are talking about the Congress

- Donald Styeet artery.

They talked about the impact it would have on the

community and so forth and so on. To the best of my know-

ledge, it has served its purpose and is no longer active.

Q I am not sure, Mr. Mims, that I understand, because

the next list on here, the next on this list is Citizens

Advisory Committee, Donald - Congress - Lawrence Street and

mass transit study technical group, are they the same?

a No. I had the two confused. The one I had talked

about, that had served its purpose. I am talking about the

Congress, Donald group.

Q You had determined what the location of that freeway

would be and that kind of thing?

|

A Right. |

Q What about the other one, advisory group for the |

mass transit technical study? |

a Well, that is some of our staff people, if my eeaii

serves me correctly. I think Mr. Peavy serves on that

committee and various technical staff people. |

Q The Exhibit indicates there are eight members of

whom three are black. Does that help refresh your memory

on that?

_. 325 |

So Su ce ea:

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j

|

A I couldn't tell you, to save my life, who they are.

So, you will have to pass on that one.. I am sorry.

Q The next one is the codes advisory committee. Is

that appointed by the City Commission?

A Yes, it is.

Q Does that committee relate to drawing up codes, as

far as building codes are concerned?

A This is correct.

Q Mr. Mims, I believe I am going to give you a copy of

this Exhibit 64, if I may, so it might help you remember

what each of these organizations are?

A Well, we often say we have fifty-seven varities aes

on these boards. So, it is kind of confusing.

|

|

Q I will ask you if the qualifications for membership |

on the codes advisory committee; an architect, one structural

engineer, a member of the American Society of Civil iagineter.

one mechanical engineer, a member of the society of heating |

and refrigeration engineers, one electrical engineer, «a |

member of the American Institute of Electrical Engineers and

the engineer of the city of Mobile; one member of the sone

Trades Council; ome member of the Association of General

|

Contractors; one member from the Mobile Home Builders

Association; and one member from the Mobile Real Estate

Association; and one member of the Mobi.e Air Conditioning

844

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need in the community.

contractors. Does that sound about right to you?

A Yes, it does.

Q Now, actually, these building codes normally follow |

the so called southern building code, as worked up in

municipalities all over the south and perhaps all over the

country, do they not?

A This is correct.

Q The next on the list is the commission on progress.

Is that appointed by the City Comnission?

A Yes, it is.

Q What is it? |

A The commission on progress is actually a bi-racial |

committee and that was the title or the name of the —

|

|

for many years, a bi-racial committee of the City of Mobile,

and it was at my suggestion a number of years ago that we

change the name to Commission on progress, because we were

matters.

|

dealing with a lot of matters other than race oriented |

|

|

Originally it was set up to deal with the race

’

problems in our commmity and, over the years, met a great

Q Now, did it, for example, have anything to do with

a Mobile restaurant downtown being integrated before they were

elsewhere in the State?

—_-—}—

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_ SRB _

_- —— ——_ —+

A Yes, they were. o

MR. BLACKSHER: '

Your Honor, I object to counsel testifying.

MR. ARENDALL: s

I think it was leading.

Q I will ask you, were there any informal discussions

and ertengemmnes made that did lead to the integration of

downtown lunch counters?

A Yes.

Q At what point in time did that occur with reference

to other cities in Alabama?

A Well, it was during the sixties when there were a

lot of turmoil not only in this community but in many

commmities and this bi-racial committee as it was known at

that time, worked long and hard to assure that black people

would have free access to any place they desired to go, not

only restaurants, but we had, one time, a man working to

see that blacks were hired in the banks and in the savings

and loan businesses and in the downtown businesses and we

went to a great deal of effort to see that black people were

put in these responsible places.

Q Those efforts have your personal support and assis-

tance?

A Well, absolutely.

— ——— $

i oa

. 329g

—_—— --

Just a minute. Who appointed the code advisory,

the City?

A Yes, sir.

THE COURT:

Commission on progress, the City?

A Yes.

MR. ARENDALL:

Q The next one is the educational building authoriry.

Who appoints it?

a This is no doubt a City appointed board, because if

I am not mistaken it is ome of these propositions where this

board is used as a vehicle whereby financing can be obtained

for educational purposes. I am not sure if this is the

University of South Alabama group or which group, but we

have several, if my memory serves me correctly that we

appoint three to five members to this authority and then

bonds are sold and this educational facility retires those

bonds.

Q You think this must be one of the industrial revenue

_ agencies where they get approval of the city and get themseives

incorporated and they sell tax exempt bonds in aid of a

_ public welfare type of program?

a Yes.

Be nine Oe

330 Peart ci aaa dtewe = a

Q Mobile area public higher education foundation?

A This would be the same type of entity set up strictly

for -- as a vehicle where these funds can be obtained in

the facility built for public use.

Q Find Arts Museum of the South at Mobile. Membersiiip

there appointed by the City Commission? |

a Yes. And normally we appoint pegple who are —

in fine arts, people who express interest in the museum and |

in some cases, people who have made sizeable contributions |

to art in the museum in Mobile. |

Q This is the committee that is in charge of running _

what we use to call the art gallery in mmicipal park; fen’;

that correct? |

A This is correct.

Q Are the nominees for it submitted by the Mobile

Art Association, the allied arts council, the art partons

league, the art gallery board and the Mobile County

Commission and the City Commission?

A This is correct. |

Q Fort Conde Plaza development authority. Is it |

appointed by the city? |

a Yes, it is, and this is an unusual arrangement. The

three City Commissioners serve on this authority as well as

four other people who represent the interests within that

—o

_. a1

_| 849

plaza. Im other words, some of the owners of property or

representatives of owners of property and, in one case,

Mrs. Bester Ward represents the Fort Conde Charlotte House, |

which is a historic museum within that complex. The purpose

of this authority is to promote that plaza area.

Q And to get private industry and businesses to

develop things that would be consistent with the historical

area?

THE COURT:

This Exhibit only reflects four members. I assume

then that you left off the City Commissioners that had

membership?

A Apparently, your Honor.

THE COURT:

All right.

MR. ARENDALL:

Q Mobile Historical Development Committee. Is that

appointed by the City?

a Yes, it is. We have certain stipulations as to

who goes on there. In other words, various groups make

recommendations, normally people interested in historic

development.

Q Let me read some names to you and see if this sounds

about right. The Allied Arts Council, the American

332

men aOR

Association of University of Women, American Institute

of Architects, Art Patrons League, Colonial Danes, Three

City Commissioners, County Board of Realtors, Mobile Jaycees,

Women's Architectural League, dowtown Mobile Unlimited,

Fort Conde Charlotte House, Colonial Danes, Historical Mobil

-—s

Preservation Society, Historic Mobile Tours, Inc., Jaycettes

Junior League, Chamber of Commerce, County Board of

Commissioners, Oakleigh Garden Society and Richard's DAR

House, does that sound about right?

A Yes.

Q Independence Day celebration committee?

A Well, this is a committee that has been appointed by

the City Commission that started back in 1972 when we deci

we need to have an Independence celebration every year. nuh

committee puts on the 4th of July celebration held at Ladd

Stadium.

Q How many people did you have this year?

A We had thirty-five thousand people.

THE COURT:

How many does that Ladd Stadium hold?

A About forty-six thousand, something like that.

MR. ARENDALL:

The next one is the Industrial Development board.

Is this another one of these financing arrangements?

-. 333

seunienaiiensioneintailia -4=

A Yes, it is. |

Q The next is the Malaga Day Committee, is that ..... |

THE COURT:

If you don't mention who appoints them, I assume

the City appoints then.

MR. ARENDALL: |

Yes, sir. |

Q Mr. Mims, unless the City does not appoint then, Led

us know, otherwise I won't even ask you the question. We

will just assume the City appoints then.

It could be or could not be.

A On this Malaga Day Committee, I am not sure that |

is even still in existence. |

|

We have a sister city's program and Malaga, Spain

is one of our sister cities and we have had some celebrations

here called Malaga Day celebrations and I am not even sure

that committee is still funding.

Q If members were a group who went to Malaga in 1965

and got the sister city thing going.....

a They have been the prime movers of this Malaga Day

program.

Q The Mobile Housing Board. Now, that is a highly

significant group, is it not?

A The Mobile Housing Board is one of the most important

boards that we have and simply because it provides public

334

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852

housing and meets the need of so many people in the

community. This is one of our most important boards.

Q And I asked you about that, of course, in my earlier

examination?

A Yes.

Q _ Next is the Mobile Medical Clinic Board - psychiatri

Is this another one of these internal revenue nd organiz-

ations?

A It ie a vehicle for financing.

Q Yes. And the Mobile Medical Clinic Board, Tranquil

Aire, that was a vehicle for financing the building where

Tranquil Aire is located?

A Yes.

Q The Port City Medical Clinic Board. That is another

such organization, is it not?

A That is correct.

Q The next is Mobile Medical Clinic Board, Springhill.

A Yes. This is correct. If I might add here, your

Honor, the City Commission has very little, if anything, to

do with these boards once we make these appointments.

In other words, we have recommendations made to us

and we try to put responsible people on these boards and

once the financing is arranged then really there is nothing

more for us to do. So, we have a lot of -- it looks like

= ~ ——

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4

4+

_853

a lot of boards here, but some of them we don't have much |

to do with.

Q Mr. Mims, I will ask you if this isn't e typical

way, three doctors decide they want to start a hospital end

they want to arrange financing through tax exempt bonds and |

they come to the City Commission and say that three of us

are getting ready to build another hospital at such and such!

a place and we need one of these industrial revenue boards

created. Would you appoint the three of us or maybe they

say our accountants or our lawyers, some people to go in tha!

they designate and y'all do what they ask you to do?

A This is the way that works. |

Q The Medical Clinic Board of the City of Mobile. The

Medical Clinic Board, - second, that is the same kind of

thing? |

A Right. |

Q The Mobile Medical Clinic Board, the same kind of

thing? |

a Right.

Q Now, we come to the Mobile Library Board. Is that

appointed by the City?

|

a Yes, it is, and it is with the Commissioner in charge

of the operation of the libraries.

Q How much money does the City contribute to the

336..

libraries here, do you know?

A Several hundreds of thousands of dollars. I don't

have that figure in front of me, seven or eight hundred

thousand dollars a year.

Q Greater Mobile Mental Health Retardation Board. That

is another one of those industrial development bond boards,

is it not?

a Well, not necessartly. I think this is a require-

ment of the Federal government that we set up such a board

and these Federal funds are channeled down through this —-

and then allocated to Mental Health and other things.

Q Does the City Commission appoint the members?

A Yes.

Q Is this the group that works in conjunction with the

rotary clinic or elsewhere? What agency.......

A Well, they work with the Mobile Mental Heatth Center},

I know that, and I suppose any other organ’ ation that was

in this business of helping the handicapped and they would

to this board and clear any application or what~-not that the

might have as far as federal funds are concerned, kind of

a screening board, as I understand it, to try to bring it in

altogether to keep things from going in every direction. If

I am not mistakened, this is a fairly new arrangement here. |

Q Pier and Marina committee?

en -—+ 56

_. 337

855

a Well, at one time, we had wanted to build a public

marina over here just this side of the battleship and we had

high hopes of it b@coming a reality until we ran smack into

the EPA people and they put such a damper on us, you might

say, that the committee has already served its purpose and

we didn't accomplish anything.

Q The Mobile Planning Commission?

a The Mobile Planning Commission is an important

commission, because it has to do with zoning and the plannin

of the City and many of the improvements that are being made

today in the City of Mobile are end results of planning

that took place ten years ago.

Q All right. Policemen and fire fighters pension

and relief fund board?

|

+ Well, this board, as I understand it, administers J

funds and tries to get as much return on the money as they

can so that they can meet the obligations of the fund.

Q Is this created under State act?

A IT am not sure about that. I really am not. I know

some of the people who serve on it, but I am not sure.

Q I will ask you if this sounds right to you that the

fire chief is designated in an act creating the board and mee

the police chief is designated ond that there are three bankers

on it and one man owning his business and one who has his

_ 338i

-_-——+- -— —

| own areas?

| a Yes.

Q Is this an agency thet relates itself to that problem

own investment business, the basic purpose of this is to

see to the proper investment of the funds that are ultimatel

to be paid out for pensions and relief for policemen and

fire fighters?

A This is corvect.

Q Next is the Mobile Tree Commission?

A Well, this is an important commission. If you want

to get a tree cut, because you had better not cut one unless

you go through then. We usually try to put people on this

committee or commission that is interested in preservation of

trees and I think it is a good committee and they work awfully

hard to preserve the beauty of our City, namely our trees.

Q Next is the Neighborhood improvement Council?

a Neighborhood Improvement Council, no doubt has done

as much or more than any other group to improve our neighbor

hoods. They go into the neighborhoods and have meetings,

J

encourage the property owners to upgrade their property, to

clean up, fix up, paint up, and it is quite an active group.

Q Mr. Mims, there has been some testimony here from

residents of various areas of the City with reference to

what they feel are inadequacies in City services in their

_. 333 |

——_____—___}_

or not?

A Well, the neighborhood improvement council has

commmity meetings and they run articles in the medium and

in the newspapers. Usually they will have the community

that they are having the meeting in, the blow up of the map

~~ say it is going to be the Dog River area where I live or

the South Brookley area, they would have a map of that area

and they would they are going to have a neighborhood

improvement meeting in that area and every citizen in that

area is encouraged to come and express themselves, at that

particular meeting, and they go into things like the code,

what you need to do to bring your house up to standard,

up to the code, and help people know how to improve their

dwellings and their living conditions, and much has been

done in these communities because of the neighborhood

improvement council.

Now, they also, for instance, say they go into a

community and citizens complain about the lack of street

lights. Then Mr. Locke, who is the secretary of this

improvement council, he would come back and write me a memo

as public works commissioner in charge of the street lights,

and say last night we met in Cottage Hill, or wherever it

might be, and we found, in a certain area, the street

lighting. in our opinion, is not up to the City policy or

|

|

340

+

the City standard. Then I would direct the electrical

superintendent to go and make a survey of this area, come

back then and give me his recommendation and if the area was

not Lighted in accordance with our policy then we would,

as rapidly as we could, light the area in accordance with

the City's policy. .

What is the City's policy?

On street lights?

Yes.

We have a light on every corner and every two hundre

and fifty feet down the Street or mid-block, or at the

end of dead ends, which is adequate lighting, and we sag

an award last year as being one of the best lighted cities |

> DBD F fF

in the United States.

Q Mr. Mims, I have references here to three different

organizations, the names of which appear to me to be somewhat

similar.

We have been talking about the Neighborhood

Improvement Council that is headed by Mr. Joe Locke. There

is a community service group, is there not?

A Well, no.. There may be a service community group,

but you may have that confused with a program that I

instituted a number of years ago that I call community

service meetings.

ee. =i

Q What is that?

A Well, this is a program whereby I go into the

neighborhoods with members of my staff, primarily, and on

occasion we take someone répresenting the police and

fire department and the parks department and other depart- |

ments, but primarily people from public works and we go |

into the commmities and have a meeting at a school or parks

building or community building, somewhere centrally located |

as we could in the community and invite the public to these

meetings and try to get input from the public and then go

back and try to respond as rapidly as we can to the requests

of the people. |

Q What is the difference between the neighborhood |

improvement council and your community service meetings or

do they just overlap?

A Well, they could overlap, but the neighborhood

improvement meetings are -- they deal primarily with the

upgrading of the homes, of the residences in a given area

where the community service meetings deal mostly with the |

needs from a public works standpoint. |

In other words, the drainage problems, the lighting |

problems, the street problems, sanitation services and things

like this. What I was trying to do when I initiated this

7

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|

—_——

; | | ae (lt

because it has been my sincere desire all along to meet the

need of this commmity regardless of who they are or where

they live. The only way to know the needs is to get out

in the commumity and hear from the people.

The television people and more specifically, WKRG,

for a period of a year or two, went to everyone of these

meetings and taped these meetings and played a portion of

the meetings back at a later date and they were not only

viewed, -- the programs were viewed by the whole commmnity.

In other words, if we met in Toulminville, for instance,

then the next Sunday or whatever, the whole area could see

that we had had a meeting. And I might say, speaking of che

Toulminvill® meeting, if I might, we have a swimming pool

at Gorgas Park today and it is solely because of the idea “4

was brought up at one of these commmity service organizati

meetings and I came back to the City Commission with the

idea and the City Commission approved it and, today, the

kids are out there swimming this afternoon because of that.

Q Do you have these meetings, then, in the black areas

as well as in the white?

A Yes. It has been my policy to have them in every

area of the City. In fact, we took the old ward map and

tried to put about three wards together and have a meeting

in an area that would cover about three wards and then the

.. AF

eee

ward map was changed and so we quit using the old ward map |

and now we just go to different areas.

Last week I made Trinity Episcopal Church in an

area called the Chapman Improvement area. Three or four |

weeks ago I met with a group out in the Carver Court area.

Q That is a black area?

A Which was a predominantly black area and then, a |

few weeks prior to that, we met with another group -- I will

have to get my records to tell you where I have been over |

the last months, but we have periodic meetings out in the |

community with the people and, in addition to that, I make |

it a point to ride in these communities myself to know what |

is going on. |

Q As long as I am asking you about things with somewhat

similar names, what is the community development program? |

A Well, the commmity development program of the

City of Mobile is certainly not to be confused with another

organization known as the community development project.

We are talking about now the City of Mobile's commmity |

development progran. |

This is a program set up and we have a committee

called the commmity development committee to make improve- |

ments in the communities throughout Mobile, taking advantage

——————————— ee

802

of Federal funds.

Now, these Federal Funds, at one time, were destgnaqes.

You would get so many millions of dollars for this and so

many for that. Congress changed all of that and now they

send the money dow in a block, one lump sum, and then we,

as public local officials, have to make a decision on where

these monies are to be spent.

Now, in order for us to set priorities as three

elected commissioners, we have established this community

development committee that holds meetings in the various

neighborhoods and we have set some priorities on these

funds. So, this is what the community development program

is.

Q That is the program that is headed by Mr. Barnett,

is it not?

A He is one of the members of the committee. I think

Jimmy Alexander may be is the chairman.

Q The Housing Board man?

A Yes.

What we did, if I might add, we put the planner,

Mitch Barnett, the public words director, the Housing

Authority Executive Director, the finance director, as well

as the building inspection department head on this

committee.

=—

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We felt like we had a cross section of the people |

who were going to actually get the work done once we initiated

it. These people are going to be held to be responsible |

for carrying out these projects. |

I am sure you have the map showing where all of |

these projects are and where this money is going to be |

spent and I am sure that will be introduced later on during,

this trial. |

Q All right. I think I left out here and let's go

back to it.

I believe we are now on the plumbers examining |

board. |

THE COURT:

Just a minute. Let me ask him a question.

With reference to this neighborhood improvement

council, I understand there is some ordinance or regulation

or something in a city with reference to requiring people --

with reference to their homes to keep them in a certain

state of repair and painted; is that correct?

A This is correct.

THE COURT:

Now, if that is correct, then the question I want |

to ask you is this neighborhood improvement council related

to those matters?

_ d46°

A Yes, it does, your Honor.

MR. ARENDALL : |

The plumbers examining board. I will ask you if

these qualifications sound about right. The chief plumbing

inspector, one master plumber, a member of the mechanical

contractor's association, one master plumber, a member of

the master plumber's association, one journeyman plumber and

one representative of the public?

A This sounds correct.

Q And this is with reference to the licensing of

plumbers?

A This is right.

Q The recreation advisory board. I see from Exhibit

64 that members of that board's term expired in 1974 and

they were not re-appointed. Whai was the purpose of that

board and what was the thinking about not re-appointing it?

A If my memory serves me correctly, the Commissioner

in charge of recreation, at that time, proposed this

advisory board and if I am not mistakened, he recommended

these names to the City Commission and we appointed them

and they were to help him with Wis recreation program. Now,

I did not come in contact with these people.

Q So, you think I had better ask Mr. Greenough about

that?

.. B47 .

———

I think you had better asked Mr. Bailey about that.

Mr. Bailey was the one?

Yes, sir.

The South Alabama regional planning commission?

> BD F> DB >

The South Alabama regional planning commission is

what it says it is. It is a regional planning commission.

It is a three county operation and local officials, as well

as appointed officials, serve on the regional planning

commission and every application for Federal funding

comes through this regional planning commission.

Now, what we have done, as far as the City of

Mobile's government is concerned, we have appointed members

of our regular City planning commission to this commission

and, of course, you see the number there.

It says one black and six total members, but there

are many blacks who serve on the South Alabama regional

planning commission from the other cities and from the

other counties that are represented on this commission.

THE COURT:

Total members of Mobile, though, is six; is that

A This is correct, your Honor.

MR. ARENDALL:

I believe I have already gsked you about the board

346

a

of water and sewer commissioners.

Now, the employees insurance advisory board.

A Thie board was set up to help the City Commissioner

select the right kind of insurance program for our

employees. We selected persons from the various department?

to serve on this board and to screen all insurance programs

before these programs are presented to the City Commission

for approval. '

For instance, if xyz company were to come to my

office this afternoon and say, look, we have a fantastic

plan and it is going to cost three dollars a month and

blah blah blah, and we want to put it on payroll deduction

and we would send this xyz company before this board and

let this board screen them and then if the board, represent ing

all of the employees, thought that this was a fantastic

deal and they wanted it and they would bring it to the City

Commission and say we think this is great and we know these

people can get more than the amount required. We have to have

three hundred before we put anything on payroll deductions.

And we say, okay. The committee approved it. You go out

and get your three hundred and dom't come back until you

have your three hundred, because we are not going to put

it on payroll deduction.

THE COURT:

866 {-

I lost out on the board of water and sewer

commissioners.

MR. ARENDALL :

I guess we can come back to that, Judge. This is the

organization established under state law, which runs sani-

tary sewer and water for the city and, indeed, some outlying

areas, doesn't it?

A This is correct. I might add, in addition to the

housing board, this is, without a doubt, one of the most

important boards that we have, because every family in the

City of Mobile is affected by this board and we could have one

black gentleman on this board.

THE COURT:

Although it is established by state law, does the

City make the appointments?

A Yes, sir. We make the appointments.

THE.-COURT:

All right.

MR. ARENDALL:

This is the board that Mr. Von Sprecken is chief

career man on; isn't it?

A That's right. He is the superintendent of the water |

and sewer board.

MR. ARENDALL:

We expect to have him here, Judge.

All right. The next one is Mobile County Hospital

| Board and I have some notation on my copy of this Exhibit --

| I am not sure it is on the original. It looks like your

typing and it says "Owned by University of South Alabama.

| City has no connection” .

A I am not sure that this board even functions any

longer. You know, we turned the hospital over to the

university and they operate it. We have no connection with

it any longer.

Q I see. Frank S. Keeler Memorial Hospital?

A I think they are out of business, also.

Q The Arts Hall of Fame committee. Do you know what

that is?

A Well, it looks like one member and I am not sure who

|

that is unless it is the recreation commissioner.

Q See if this sounds like a 1971 state act under which

persons are to be elected to the State Arts Hall of Fame and

must have background in arts and the City Commissioner has

‘appointed a representative of the Mobile Art Gallery Board;

that another one of these industrial revenue bonds?

a Yes. It is strictly a financing thing.

Q And the educational board?

A The educational board, no doubt here, is the group

of employees that we have that screens the applicants for

furthering their education. In other words, we try to

co-operate with our employees as much as we can so that they

might further their education.

In fact, the City Commission pays a portion of

employees tuition, say, at the University and, say, patrolman

Jones wanted to go to school at night and take up criminal

law, or whatever, and he would make his application to the

City Commission through this educational board and the board

then would screen this applicant and make sure he is sincere

in what he is trying to do and we have requirements that you

have to stay with the City "x" number of years. I think it is

three years after you get your degree or after you use this

money or else you have to refund the money, but these boards

screen these employees.

Q Members of that board are largely employees of the

City, members of the public, or what type of persons?

does that sound about right? A As I recall it, they are employees, department heads,

| :

A It sounds about right to me. and maybe someone from the personnel board on here.

A The next is Public Education Building authority. Is Q Now, Mr. Mims, there has been a lot of testimony in

_ 351 352

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J /

here about surface drainage in Mobile. the various black areas.

THE COURT: A Well, under the supervision of the public works

' . bout

Why don't we take a break right here. Take about a commissioner, comes the general heading of drainage and, of

——

$$

fifteen minute break. course, the City of Mobile has been plagued with severe

(RECESS) drainage problems for not only decades, but I would assume

THE COURT: centuries. The ground or the topography here, the City is

All right. You may proceed. built on the river, as you know, and it all started right

here near the river and moved westward.

MR. ARENDALL:

If your Honor please, I would like to apologize to ' It is very low lying areas and we had tremendous

the Court on an error in judgement that I made. Mr. Mims had problems in the old part of Mobile with drainage. We have

told me that at four-thirty that he had to leave here in ordef tremendous problems in the new part of Mobile with erosion

| to get to Santa Rosa Island to speak to some three or four and the sand washes down off of the hills into the low lying

hundred people. I told him that I thought we could have areas and clogs up the drainage systems in the old sections

completed the examination and cross-examination. I have of the city.

taken so long with my direct today that I doubt if we make it So, for centuries we have had drainage problems. There

THE COURT: has been a lot of talk about drainage for a number of years,

Just go ahead and let him finish up tomorrow. but there was not an awfully lot done about it until

MR. ARENDALL: recently.

Thank you, Judge. When I first ran for office in 1965 and my advertising

Mr. Mims, your department has charge of Mobile drainage material and my brochures will substantiate this, that one of

problems? my main concerns was drainage and alleviating the problems that

A That is correct. existed. So, the first thing I did was to try to establish

Q Tell us generally about them and what you have done some kind of systematic maintenance program and we gave

and indicate whether or not you have sought to treat fairly ;

_. 353 - @54

872

Lee

| instructions to the public works superintendent and to all

| aratnage personnel that these drainage easements were to be

_ maintained on a periodic basis. We bought some of the finest

| Cqatgumns that can be bought to clean catch basins and to ctean

storm drains. Some of the most modern equipment to clean

|

ditches like Three Mile Creek and One Mile Creek and Bolton's

Branch and Saltwater Branch and the various others -- what

| we call unimproved drainage easements and it has been our

| policy, over the last ten years, to maintain these easements

| on a regular basis and testimony here during this trial has

| indicated that the city has cleaned these drainage easements

| on a periodic basis.

| In addition to the maintenance program, the cleaning |

| |

of these drainage easements, we have entered into what we

call the master drainage program of the City of Mobile. For |

va number of years we tried to get into this and finally came

| to the conclusion that we were not going to ever get this |

| drainage corrected until we just, you might say, go into it

headlong and try to find the money and sell bonds and get the

revenue or the bonds to do the projects.

So, in 1972 the City Commission met and agreed to

‘the master drainage program. We have sold bonds, millions of

dollars worth of bonds, to be paid over to the next number of

‘years and we are making many improvements in areas of both

—-

a

| _ 355

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'

white and black where problems have existed for over a hundred

years, in some cases.

I have gone into these communities and talked to our

citizens, both black and white, about the problems and with

the resources available, I think the City of Mobile has come

a long way in improving the drainage in our city. Our master

drainage program, as far as I am concerned, has been eens

and promoted without regard to race, whatsoever.

Q Let's see, what is the total estimated cost of that

program?

a Well, we started out with about twenty million, but

I imagine, by 1980, we will have spent thirty million dollars

THE COURT:

What do you mean you started out?

a Well, that was our projected program, but inflation

and other things have caused prices to go up and we had added

to the project and .......

MR. ARENDALL:

Do you have outside engineering consultants to advise

you with reference to that, or is this done by city personnel!

A Well, when we went into this program we assigned thre

engineering companies to this master drainage program and the

engineers have certain water sheds assigned to them. We have

three water sheds in Mobile; the Three Mile Creek water shed,

,

- Jose

| The Dog River - Eslava Creek water shed, and the Mobile River

water shed. Every drop of water that falls into Mobile, goes

into one of these three water sheds.

Each one of these engineering firms, Polyengineering,

David Volkhert and J. B. Conversing Company, have one of -

water sheds assigned to them and they ere doing the designing

(of the storm water system in these areas. We have made a

| great deal of progress.

but what you can't see some of the progress that has been

There is not an area in the City

brought about because of this drainage program and, in the

“years between now and 1980, the program that can be presented

here shows our projected projects.

|Q Has some work been done in each of the three water

|| shed areas?

\s Yes. This is true.

Q Approximately how — money have you spent so far on

| actual out of pocket expenditures, to date? Could you give

us that figure?

A I can't recall, but it would be more than ten million

dollars has been spent already on the master drainage program.

Q Do the engineers tell you that once it is completed

that Mobile will then be adequately drained?

A Well, I don't think you would ever find an engineer

= politician, either, that was in his right mind that would

874

875

| _. &7

say you would always be protected from a storm or flooding

situation. Normal flooding conditions will be eased tremen-

dously when this entire program has been completed, but if you

have what they call a hundred year flood come, you know, the

whole area could get under water. We can't protect the area

completely from God's floods, you know. |

Q You mentioned some white areas that have had this

problems and I would like for you to mention some of those

specific locations, if you will, please.

A Well, there is one project that we have under way

right now that has -- where there is a need and the need has

been there for a hundred years, I am sure. I know it has

been there for over fifty years, because I know people who

were born there fifty years or more ago. |

‘ Where is that?

A This is in the Laurel - Devitt - Monterey Street

area and I might add that-we had a community meeting there

with some people, including Mr. Brown, whose name has been

mentioned here and other testimony and I think he would have

to admit that he got mighty good response out of the City

government in this project. We're spending over a million

dollars in the Monterey - Laurel - Devitt Street area. This

need has beer. there, as I said, for low many years.

THE COURT: I

338 |

I am familiar with Monterey Street, which is between

Springhill Avenue and Government Boulevard. Is that the

Monterey area you are talking about?

A Yés, your Honor.

THE COURT:

Does it go also south of Government Street?

A Monterey does.

MR. BLACKSHER:

Yes, sir. One block.

THE COURT:

The area you are speaking of is north of Government?

A Yes, sir.

THE COURT:

All right.

MR. ARENDALL:

Now, let's talk about drainage and some of these other

areas that there has been some testimony about. There has —

some talk here about Trinity Gardens, that area came into the

City only in 1961, did it not?

A I believe that is when the vote was taken by the

people in that area. It was in 1965, I believe, that er

were provided and the people began to pay taxes.

Q Just in a general way, would you tell us what the

basic problem is there, as you understand it, with reference to

876

_. 359

<< << —

877

drainage?

a Well, I will be happy to, because I have been in the

Trinity Gardens area many times and must confess that the

problem there is an unusual problem and it is mainly because

the area lies between some railroads and down in kind of a

low land or flat land that has been described here, in testi-

mony, that was like a saucer, which is a good way to describe

it, because it is going to take an awful lot of drainage to

get the water out of the area and we have been working on it

over the years and, with our community development program

that we mentioned here earlier, we should be able to drain

this area and then we can move on into the paving of the

streets.

Q When it gets drained, where does the water go? On

what water shed is it located?

A This goes into the Three Mile Creek water shed.

Q Isn't that going to compound your problems on Three

Mile Creek that you heard testimony here about, the Crichton

problem? Wouldn't that compound your problem?

a Any time you put more water into a stream, I guess

you compound your problems. However, we have worked

extremely hard to get Three Mile Creek cleaned out on the

end near the river and we have spent thousands upon thousands

of dollars dredging Three Mile Creek and we feel that, with

360

|

|

_ problems in the Plateau area.

A Well, it crosses Telegraph road north of here where

these improvements, as well as the study that is being made

now by the Corp of Engineers and, incidentally, this bill “

just passed whereby a hundred and fifty thousand dollars in

planning money for the Corp of Engineers was set aside.

The Corp of Engineers fit into this Three Mile Creek,

because Three Mile Creek runs inte Mobile River and Mobile

pines. Gs part of the Tennessee, Tom Bigby program. Anyway,

we have a hundred and fifty thousand dollars planning money

and the Corp of Engineers is going to help us with the

drainage on Three Mile Creek.

Q There has been some talk, also, about drainage

On what water shed is that?

THE COURT:

Where does Three Mile Creek run into Mobile River?

the little bridge is where you see some little tugboats

sitting there, right north of the State Docks, to be more

specific.

THE COURT:

All right.

MR. ARENDALL:

Going back to Trinity Gardens for just a moment.

I understood you to say as soon as you could get your

878

.. 361

drainage worked out there, then you would go in with street

paving; is that right?

A This is correct and, if I might say this, one of

my concerns naturally has been the streets of Mobile and the

only unimproved streets we have left within the city, you

might say, are located in the Trinity Gardens area. We have

paved dozens of miles of streets in the last ten years in

Mobile and we have a few left in Trinity Gardens.

It is absolutely impossible for us to pave these

streets until we drain the area. We have paved some streets

in Trinity Gardens,the ones we felt like we could pave and,

you know, get by with, so to speak. Because it is absolutely

money thrown away to go out and put asphalt in an area that

you can't dry out and the streets will stay torn up all the

time and fail and you will have a problem, sure enough

problem, on your hands.

So, we have just about paved every street in the

City of Mobile with the exception of those right there in

Trinity Gardens which we hope to get as soon as we get the

area drained as with these community development funds.

Q Now, there has been some talk about Plateau.

On what water shed is it, or does it have a drainage

problem? |

A Not what you would call a general drainage problem

~ ger

like Trinity Gardens. I doubt if you could point to any

community in the City and say it is completely free of all

drainage problems.

But Plateau does not have the general problem as doe

Trinity Gardens.

Q There was some talk here about dead bodies getting

washed away. Would you tell us about that, if you know

anything about it?

A I think that was an exaggeration. It was called to

my attention a year or so ago that there was a problem with

a cemetary. We did some work around this cemetary and some

of my staff people can elaborate on that more than I and get

into detail on it, but we did do some work around the cemetary.

I understand that this area was being used as a burying place

down off the side of a hill and on down into what you might

call a slew or spillway or drainage easement and I am sure

that in case of a flash flood or something of this sort, the

whole area was covered with water and it is very likely that

some of the grave sites were covered with water, because the

people are buried right on down into the low land.

I don't know where the health department has been, or

whoever is supposed to regulate the cemetaries, but whoever te

supposed to inspect cemetaries and regulate them, apparently

were not stopping the burying of people down in these low

|

= : 7

_. 363 |

- —

places.

I think you could safely say, in some places, when a

flash flood came that the water, perhaps, covered the graves.

As far as bodies floating around, I think that is an exagger

Q There has also been some complaint about the drainag

in the Crichton - Liberty Park area?

A Yes. There is a tremendous problem in that area.

To my knowledge, it doesn't present any flooding problem,

but there is a big ditch that comes down through Crichton

that originates up about Pages Lane or back of Delchamps

Shopping Center there and goes down by Nall Street and

across Bayshore and Mobile Streets and on into Three Mile

Creek. It is a huge drainage easement. The people in the

area continuously are filling it with old tires and litter

and furniture and the maintenance problem is tremendous.

Some homes have been built right up on the edge of

the creek. We are aware of some of these problems, but we

are also aware of the fact that it is going to cost several

millions of dollars to correct this problem. It is in our

master drainage program and it will be taken.care of, but,

as I say again, with the resources that we had available,

I think we have done a fantastic job with our drainage progr

881

tion.

Q Mr. Mims, earlier in the trial I introduced, as Exhibit

364 | |

ee ee - —— ee oe =

80, a news release that you had issued on March 16, 1970.

Would you hand him a copy of that, please?

I believe his Honor inquired as to whether this

million ene hundred and forty-one thousand three hundred and

seventy-four dollars that is stated on the second page to haye

been the total expenditures between October, 1965 and March

16, 1970, was all spent in an effort to do something about

the problems in Trinity Gardens? |

A This is correct.

Q And is it fair to say, too, that during that period

of time Trinity Gardens had produced only twenty-seven

thousand dollars in property taxes for the City?

a I had our revenue people develope these figures and

I am sure they can be substantiated.

THE COURT:

Mr. Arendall, are you suggesting that when ap area

of the city doesn't produce certain revenue, they are not

entitled to certain services?

MR. ARENDALL :

No, sir. I am not. What I wanted to do was to ask

him this next.

Mr. Mims, does not this demonstrate that the policy

of the City of Mobile, with reference to the expenditure of

public funds has been dictated by a desire to help a particu

AEE Te

a = sieitianaintindtian deeaiasadll

|

lar area that needs them as distinguished from just giving

me back fifty dollars a year in services if I pay the City

fifty dollars in taxes?

aS Well, I can say emphatically that we have tried to

provided these services in the Trinity Gardens area, because

the area became taxable right after I was elected to office

in 1965 and I began, as public works commissioner, to gneveey

these services in the Trinity Gardens area. Prior to that

time, they didn't have any service at all.

THE COURT:

I take it that your contention that the City

provides services according to needs rather than according

to revenue?

A Yes, sir. If I might add we can't always do everything

everybody wants done in any given community.

MR. ARENDALL:

Now, I notice on the second page here, there is a

reference to sewer installation and water installation and

a note that two hundred and fifty-eight thousand dollars of

federal funds had been secured and a further note that a

portion will be returned over a ten year period in assessments.

Taking, first, the item of sewer installations, I

had understood from your prior testimony that the Board of

Water and Sewer commissioners were in charge of the sanitary

366

884

sewer development for the city in this area.

Would you explain how it came about that the City

itself was in the picture here?

A Well, the water and sewer board was established, to

begin with, in order that that entity might sell bonds and

provide these services for the people. Over a period of

years the board of water and sewer commissioners apparently

reached their debt limit and they could not sell any more

bonds. Then the citizens of Mobile, these in particular,

Trinity Gardens, as well as thousands of others, came to the

board of City Commissioners, at that time, and said, look,

we want these services. We are in the city and we want thes

services. These people in Trinity Gardens came into the Cit

and began to pay taxes in ‘65 and said we want these service

and we go to the water and sewer board and say, look, you are

suppose to provide these services and they say we can't provide

the service because we are at our limits, as far as debt

is concerned.

The City Commission turned around then and sold bond4

and made these improvements and assessed part of the cost

against the property owners and this is the only way these

improvements could have been put in, at that time. I think

it was a case of a city government responding to the needs

of the people.

885

Q That would be true of the money as indicated here

for water installation, I take it?

A Yes. They were both installed at the same time.

Q , Now, you have mentioned briefly, among your duties

as public works commissioner, is thet of paving and you have

spoken about that generally.

questions.

Let me ask you a few general

Where a subdivider desires to take a rather large

piece of property and turn it into a lot sales venture, who

puts in the streets?

ae The developer.

Q Does he have to do that in accordance with City

specifications as to the nature of the street and the

underground drainage and things of that sort?

A Yes, he does, and then he turns them over to the

City when he has completed the project.

Q Once they are inspected and approved by the City, they

then become City streets, but it is the developer who puts

them in; is that correct?

A This is correct.

Q Would it be fair to say that since the basic growth

of the city has largely been to the western section of the

City that many of the streets in that area have been paved

by private individuals as distinguished by the City?

+ —--

367 |

_

|

i

886

a Well, this is absolutely correct.

Q Then in those areas, however, where there have been

no real estate developments in recent years the City, itself,

has been the one to do the paving; is that right?

A On all unimproved streets where there were residences

the City has gone in on an assessment basis and improved the

streets and, as I said a moment ago, we have just about |

taken care of every one with the exception ot cums in Trinity

Gardens.

Q Now, there was a lady here earlier in the case who

-- no, a gentleman, Mr. Pettaway, who was talking about

Lincoln Street.

|

I understood him to say that the people out there had

|

always been willing to pay for an assessment for street

improvements and then I introduced Exhibit 81 on that wines 9

Do you recall the Lincoln Street situation?

a I recall Lincoln Street quite well, because I set

on a Reverand Mr. Smith's porch in 1965 and discussed the

problem with him. I discussed it a number of times after

that date with hin.

It was not until about a year ago -- I don't recall

the dates, that we first learned that these people were |

willing to pay an assessment. Prior to that time they wanted

the City to put the streets in because they had problems and,

ia 369

to the best of my recollection, they never indicated that

they wanted to pay or would be willing to pay any portion

of it. My position was that it was a hard surface paved

street at the time and we had much greater needs in other

areas and our responsibility is an awesome responsibility,

when you try to establish priorities, and, in my opinion,

the Lincoln Street project was not a high priority item,

but when the people decided that they wanted to have a part

in it and pay the assessment, then the City Commission moved

ahead with the improvement program and it is under construc-

tion right now.

THE COURT:

What is the distinction about when the City pays

for it? I assume when you say certain high priority areas

where you do paved work without assessment, what makes the

determination where you pave without assessment and where

you don't?

a We don't assess, your Honor, on major streets. Take

Airport Boulevard, for instance, that is a major street.

Normally we try to get some federal or state and county

participation in a project such as this. On all residential

streets that we improve, whether it be low cost or regular

curb and gutters and underground drainage, we do it on an

assessment basis.

88)

370°

—

+ - - - ee — £88

THE COURT:

Are all the streets in the area -- is Lincoln Street

a residential section?

A Yes, sir. And as I said, it was not until they agreed

to the assessment program -- let me explain the assessment

program. We could go out and say we are going to assess part

of this project to the property owners. We assess one-sixth

of the cost of the project to the property owner. So, it

|

still costs, out of the treasury of the City of Mobile, many

thousands of dollars on most any kind of project, because one-

sixth on each side of the street would be actually one-third.

|! If a project costs ninety thousand dollars, sixty

\|

thousand comes right out of the treasury where thirty thousand

|

comes out on either side of the street.

0 What is your policy with reference to the construction

of sidewalks? A number of black witnesses have complained

iaaia they don't have sidewalks.

, Well, it has been our policy to install sidewalks

in any area where the people petition the City Commission for

sidewalks, because we assess the cost of that improvement

gainst the property. Our policy on new subdivisions is that

hey install the sidewalks. So, if a new subdivision goes in,

efore we accept the subdivision, the developer places the

idewalks on the property.

a1

over the two-thirds or three-fourths of the people in the

community to please the one-fourth or one-third.

Our normal way of handling it is for a community,

the number of people -- ever how many to request the sidewalks

and then we would try to initiate the program and have the

hearing and move on with it.

MR. ARENDALL:

That probably is clear, but you would not, for

example, assess for repaving Government Street, would you?

A No resurfacing programs are not done on an assessment

basis. That is @ maintenance problem.

We spend about two hundred and fifty to three hundred

thousand dollars a year on resurfacing. Right now we have

y hundreds of miles of streets that need to be resurfaced

in the not too distant future I will be coming to the

ssioners on my knees with hat in hand, so to speak, to

eep our streets in good repair.

That comes right out of the general fund of the City

d as a maintenance expenditure. We don't assess for

esurfacing.

Do you believe, Mr. Mims, that under gout administra-

ion that the black commmities have been treated fairly with

eference to drainage, paving, sidewalks and -- well, those

tters?

893

_ 3¥2° as

A I most certainly do. I don't think I have ever -- in

fact, I will be emphatic and say I have never denied any

citizen a service that he expects with his tax money because of

a certain color or social standing.

Q Now, there has been some testimony here about weeds

and underbrush on large tracts, specifically about some

Property belonging to Mr. Meaher and located in the Plateau

‘wos

What is the policy of the City with reference to large

tracts?

A We have a state law and I am not familiar with the

number and what not, but I know it is a state law that deals

with noxious weeds, This law allows us to post a lot and cut

jit if the property owner does not cut it and assess it against

Inte property. Our policy on large tracts of land, if we get

a complaint from Mrs. Jones, who lives next door to this

large tract of land, our policy is to go out and post a

fifty foot strip around this ten acre tract or whatever it

— be, and give the property owner who lives next door to

‘this tract at least a clearing between them and the underbrush

lend the wooded area, so to speak.

| Now, normally this is sufficient and most people are

|

appreciative of the fact that they can get this strip cut next

to their property.

a No, but on occasion Dr. Tunstill has been present

with these other people to give me advisement.

THE COURT:

If I understand you correctly, you haven't formalized

your campaign into committees?

|A Well, not officially. We had people doing a lot of

‘things in every campaign I have ever been in. When I ran for

the United States Senate, Dr. Tunstill was a part of it and

he was right there, but in these City races we welcome help

from anyone of any color or any standing.

THE COURT:

Go ahead.

MR. BLACKSHER:

I didn't really understand your answer to the Judge's |

question, but I will move on to the next one.

Did you regularly, in all of your campaigns, have a

campaign headquarters that was staffed by people during whatever

hours you kept?

_ 873.

A Yes, we have.

Q Tell me the names of the black people who have

| staffed your campaign headquarters?

A We did not have black people in the campaign head-

| quarters. My brother is my campaign chairman and he is very

particular about who seés our list of supporters and people

¥ a) ae

who are helping us. He runs the campaign and I try to run

the office after I get elected.

Q Jeff Mims is your brother?

A This is correct.

r And he is chairman of the County Democratic Executive

| Committee?

A This is correct.

Q Now, about all of these boards and committees,

Mr. Mims, would the Clerk please show the witness Plaintiff's

| Exhibit number 64.

How many of these -- can you point out the boards

and committees on this list which, I presume, is comprehensive,

}

;

|

to your knowledge, right, and contains all the boards and

|

|

\

committees that the city has any appointing power to?

}

A So far as I know, yes.

Q How many of them, to your knowledge, are set up under

|

A I could not answer that.

|

'Q What about the board of water and sewer commissioners?

State law as opposed to being established by city ordinance?

= is established under State law, isn't it?

r It is my understanding that it is.

1Q Do you have any idea of how many of these or which of

| these boards and committees are subject to the control of the

City Commission to the extent that the City Commission can

903

change the ground rules about what it is suppose to do, who

it's members are and so forth?

A No, I don't. As far as I know, the water and sewer

board, for instance, is charged with the responsibility for

providing sanitary sewers, water service for the City of

Mobile and I don't have anyone who would want to change that.

THE COURT:

According to my notes only two were established by

State law, the boards, the South Alabama Regional Planning

Commission, I assume, was established by either the State or

some federal reguiation, and that is the only ones that I

have that indicate, besides the City establishing them --

well, is that true, the board of adjustment, the board of

water and sewer commissioners, and the South Alabama Regional

Planning Commission?

2S Well, I think you would find the Housing Board would

be -- has to be a State act that would allow a housing

authority.

THE COURT:

Just one minute. What number is that?

MR. ARENDALL :

If I may, we have not researched this and I am really

not sure. I believe all of these boards that will relate

to licensing people are probably under some state law which

375 T

. 376

says that the various municipalities shall do such and such

in order to issue licenses for contractors and electricians

and plumbers and so on. We have not researched and I cannot

make that eteteneat. 2

THE COURT:

All right.

MR. BLACKSHER:

Well, concerning the board of water and sewer

commissioners, Mr. Mims, have you made any appointments to 2 i

board personally?

A Yes, I have,

Q How many?

A Well, I regret to say that I think I have one

appointment in all the years. It has worked around where I

have one man on there, Mr. Dennis Moore. I have been in

office eleven years and Mr. Moore is my one and only

appointment.

There was some mix-up, if I might add, because of

some people dying and some particular person appointed them

and they felt that they should replace that person or fill that

vacancy. Many of these people I have known and certainly ha

concurred in their sppointment.

The late Bishop Phillips was a very close friend of

mine and served ably on the water and sewer commission for

905

a number of years and some of the other people I know quite

well and have utmost confidence in them. So, I am not

complaining because I can't, you know, appoint but one person,

But Mr. Moore I appointed a number of years ago and he has

been reappointed at least once since then or maybe twice.

Q Mr. Moore is white, isn't he?

A Yes, he is.

Q I thought we established that Milton Jones is current!

a member?

A Yes. He is and Mr. Jones is black.

Q And you were saying that Bishop Phillips was also?

A He was on there prior to Mr. Jones. Bishop Phillips

was black.

THE COURT:

This shows no prior black members. Can you account

for that?

A I did not prepare this. Reverand Bishop Phillips

known by everybody around Mobile, was on there for a long

time.

MR. ARENDALL :

Judge, we had this prepared by Irene -- no, Mr. Menefte

prepared this. We gave some basic information to Mr. Menefee.

THE COURT:

Counsel for Plaintiff?

—}

i oe

_ 3

e=

MR. ARENDALL:

Yes. Mr. Menefee prepared this and I will be frank

to say that I didn’t check it,

THE COURT:

All right. I am going to put one in parenthesis by

that, prior black members.

| Do you know whether or not you gave the information

that Mr. Phillips previously served on that board?

MR. BLACKSHER:

Bishop Phillips and Mr. Menefee informs me that

Mrs. Quinn identified the persons on this list who were

‘black and failed to identify Bishop Phillips.

THE COURT:

All right.

MR. BLACKSHER:

So there are actually two out of the twelve people

that have been on that board that have been black?

A I don't have that information before me.

Q I believe you testified, Mr. Mims, that you had some

difficulty finding citizens to serve on these various boards.

Have you had difficulty finding people to serve on

these boards?

A On the water and sewer board?

mm Yes, sir.

907

. 8&7

a , Well, as I indicated a moment ago, I have only made

one appointment that I could point to and that is Mr. Moore.

Q Did you have any difficulty locating someone?

= No. I did not, because I appointed Mr. Moore and I

have not had an opportunity to appoint anyone else since.

Q You have given us an example of how Mr. Gary Cooper

walked into your office one day and said that he wanted to

participate and I believe you said that you had never seen

him before and that provided you an opportunity to appoint

him to some board.

A To the audiotorium board.

Q Ien't that a general problem you have in finding

qualified black persons to serve on these boards is that

you just don't know that many black persons personally, like

you do the white people that live in your immediate

community?

a I know a lot of black people, personally. I speak

in black churches. I go to black meetings. I know a lot

of black people.

You have to have people that express interest. My

door is open to people. I have a meet the mayor day every

Wednesday and I have people coming and going, blacks and

whites and unless people express an interest in serving their

community on a specific board or in a specific area then it is

not my policy to go out and pick people, you know, and put

them on a board unless I know they went to serve and unless

I know they have some interest in a particular area.

Q Are you saying that you have never appointed anyone

to a board at your own initiative or at your own invitation,

but have only responded to requests that were made in the

first instance by other people?

I have requested certain black leaders’ to provide

me black lists of black people that would be willing to

serve on boards. I know a lot of black people, but to have

them say I want to serve or I will be willing to give so

many hours a month, a very few of them have done this. I am

going to be frank with you about that.

Q Who are the black leaders you requested to provide

a list?

a Various people, ministers and various headers in the

community.

Q Name one,

a Well, the Bishop that I just mentioned awhile ago

has provided some names over the years.

Q Bishop Phillips?

A Yes.

Q Who else?

A Reverand Tunstill, and Mr. Leflore use to provide

—-

| serve or will serve or is qualified to serve. I don't think

Q Mr. LeFlore?

A And others. |

Q And others? Others that you can't recall, now? |

A No. I can recall. I just mentioned Dr. Carroll.

In fact, of the business, I helped to get Dr. Carroll appointed

to a state position.

.Q Have all of these people provided you with a list that

|

|

_ seriously if anybody has given me a list of names. I rely on

| black people I know to tell me if a certain person wants to

|

you requested?

4 They would give me a name now and then. I doubt very

| because a person is black or white makes him necessarily

|

|

4 Well, yes.

qualified to serve in a given area. |

|

Q You have requested, you say, a list of names, but

"whenever you have had a chance to want to approach the black

Q So, what kind of occasions would prompt you to say

community you have gone to one of these black leaders that

‘

well it is time for me to consider a black person for this |

board and I will see one of my friends, who is a black leader,

and ask him for a name.

|

| .. FB.

4

-

i

910

F

- What kind of an occasion?

Q What time would you do that? Everytime you had an

- appointment would you request the name of qualified blacks

. that you would consider along with other people or just

certain occasions when this would come up?

A Well, on some of these boards, as it has already

_ various boards and committees and groups.

been indicated, you have to have engineers and architects and

things like this and you get these recommendations from these

They send in these

| recommendations.

On others, like the audiotorium board, if there is an

opening coming up and it is important to me to make the

appointment, then I will look over the list of people that

I have confidence in and I might call.

Q You have a list that you keep at your desk of people

that you have confidence in?

A I have friends that I have confidence in and I have

' friends that I don't consult for advice and then I have a lot

| of acquaintances and I am sure that every individual, whether

he is in politics or not, has close associates, friends and

| acquaintances.

So, if I were looking for a person to put on

_a board this afternoon I would call somebody that knew people

if

i

j

1}

j

wf

out in that community, both black and white.

Q Out in which commmity?

911

ae

|

_. 383°

A In whatever commmity I was trying to find or whatever

area I was trying to find an appointment in.

Q Well, I guess that is what we are trying to get at

is to figure out how you zero in on a community when you

find out there is a need for an appointment?

a Well, if one of my appointments on the audiotorium

_ beard were to resign this afternoon and it was determined

| that this person was my appointment and -- incidentally,

| I appointed the first black to that board and appointed the

first woman and the first woman black I appointed to that

board and so if that opeming were to come about this

_ afternoon, then I would start researching within my own

| mind who I could fill that vacancy with and it might be that

I would call a white person or it might be that I call a

black person and ask for a recommendation, someone that

| was qualified to serve and someone in whom I had great

confidence.

I have not made it a great practice calling up these

people after they got appointed to a board and pull strings

and treat them as a puppet. That is not my policy. I

appoint people I have confidence in and on occasions some

of them have disappointed me.

Q You said that there ere a number of committees where

you must select persons nominated by boards of architects or

. 384

engineers and what else did you mention?

A Well, some of these you have to have someone familiar

with air conditioning, for instance, and air conditioning

rofessional groups. I don't even remember what they are

call, but they make these recommendations. I can't help it,

Wee they don't have a black air conditioning engineer that

they recommend to us.

|

|

2 Let's get something straight. You are not saying that

jthere are no

qualified black engineers or air conditioning

people or whatever; you are not saying that?

A I am saying that I have tried to find a black civil

engineer for eleven years and I don't have one yet on my staff

n There are no black civil engineers in Mobile?

A I have not been able to locate them.

D Okay. Where do you look when you are looking for a

black civil engineer?

‘A I have been told a number of engineers, including

the engineering school at South Alabama. I have talked to

people in other parts of the country who are in the public

works field and I have talked to the commissioner of public

works in Atlanta, who is a black man, and who is a civil

Nastncer and he confesses he can't find black civil engineers

and T have let the personnel board know that I would like to

hows a black engineer on my staff.

vt

,

bal

|

385

T moe Te

4

!

pn the water and sewer board.

7 Do you know of any black architects employed with the |

|

y

We go into every eres of the City and deal with all =

he people and I would like to have a black representative on

staff, but I have not been able to locate a black civil

Does that hold true also for architects?

The only black architect I know is Mr. Jones, who is

of Engineers?

I think that is the problem, the federal government

takes them all.

Q Just because he was employed at the Corp of Engineers

Hidn'e stop you from appointing him to the water and sewer

|

board?

a No. You miss the point.

IR I am sorry, give it to me again. |

a I am talking about as a staff person, now. I have

Looked for @ .-sseees

You mean a full time employee?

; Yes, your Honor. I have looked for a black civil

gineer to put on the staff full time with the City of Mobile

nd I have not been able to locate one.

. BLACKSHER :

om

We were talking about boards and committees. What is the total number?

Well, if I can't find one to hire, I certainly don't P Six, your Honor. Each commissioner has appointed

if I could find one to appoint to a board. wae.

Well, you find an architect that you couldn't hire eS COURS: |

chat you probably could have appoint to « board. How many total blacks?

A He is the only black architect that I know and I am " es.

not trying to be omart. He is serving on our water and sewer pa Coun

board and he works for the Corp of Engineers and I imagine That was your appointment?

8 more money than he could working for us. ves.

* If I told you there were two other black architects - BLACKSHER:

working for the Corp of Engineers alone, would that surprise Who was that black person you appointed, Mr. Mims?

‘you? A Marshall Robinson.

A No. It wouldn't surprise me. I just don't know these ‘ And yet the black citizens of Mobile are the overvhelakng

—— percentage of the patrons of the transit system. I mean, did

@ This Mobile Transit Authority you said was recently [chat occur to the commissioners vhen they were appointing?

‘established and that is not on the list, is it? ' Sir, I can only speak to myself. I put one black and

A No. I don't think so, because it is fairly new. one white out of the two. I don't know what else I could

Q How many members are on the authority and how many of have done.

—s Q I think we have talked about this the last time we

A Well, I have two appointments and I think the other ppeared in the Court together. One of the facets of the

ity Commission is that you are only responsible for you and

‘two commissioners have two appointments and one of mine is

end ene of then is bleach. ‘ t responsible for the others?

I am sorry, run that by me again.

a have met those responsibilities quite well.

I am responsible to the people of Mobile and I think

_. 387 ‘© 388.

|

1

| | |

| |

Sears | +

| ze |

0 By the way, concerning the transit authority, is it | Lighe at their corner?

a fact that there are just aren't any bus routes that go asreny | A I think it was brought out earlier in the testimony,

and south between the north end of town and the south end of ss think Mr. Doyle said so.

town, you know, through Government Street? Don't they all hav ¢ Mr. Doyle wanted it?

leo go down to the foot of Royal Street and transfer chere and A No. He didn't say he wanted one.

igo all the way back out again in one direction or the other? © Okay. We have this board of edjustment, number one,

A Well, the City of Mobile is so laid out to the core, : looks like it is -- we have one black out of a history of

chat the central core is by the river and, over the years, the sixteen total members. Do you know any reason why there were |

pouses have all been designed to come into the central core. not any more blacks than that appointed to this particular |

| Now, studies have been made by the new operators of board?

the system and we have a professional operator who is helping | Is it a question of availability of some particular

the authority. They have some new route configurations skill; or something of that sort?

designed. As far as them going right straight down from a I do not know the answer to that question. I do know

Prichard to Naveo, I doubt very seriously if that will ever be, the board of adjustments membership on that is not an easy

In this business I have found we have more expert traffic role, because these people, whether black or white, come under

engineers and more expert civil engineers and more experts thas an awful lot of pressure when you have a hundred people in the

you can shake a stick at and everybody says why don't we have | chambers and fifty-four something and fifty against it.

a bus to run from Trinity Gardens to Navco interchange. That 0 What has that got to do with my question?

doesn't mean that people are going to ride just because A Well, it has a lot to do with the question. Getting

somebody thinks that ought to be. This is like testimony | ponebody that wants to take that pressure and strain and list

piven here earlier today that a traffic light ought to be | to all of that static and any member of the press can tell you

at their corner, but it doesn't mean it is necessarily justi- what goes on in a board of adjustment meeting.

fied. 0 Are you inferring that there have been black people

Q Who was that that said everybody wanted a traffic unwilling to take that pressure?

eee necene

[

389 | . 330

es

919

A No. I didn't infer black or white. A lot of people

wouldn't take that pressure.

0 You are not saying that there are not qualified black

citizens in Mobile who were able to serve on the board of

board that screens applicants for licenses for people who want

ito do air conditioning work?

A As I understand it, yes.

Q As a matter of fact, there is a lot of air conditioning

mechanic type courses in the local trade schools, isn't there?

iA So far as I know.

9 Southwest Technical State, Carver State, I think both

have courses, don't they?

A I am not familiar with that.

r You are not saying that there are no black persons in

this commmity who are qualified to serve on that board, are

you?

a No. But we have not received recommendations from

these various agencies that make the recommendations.

adjustments?

A No. We have one on there.

i) te he the only qualified person?

A I did not say that. I have not implied that there werp

not qualified blacks.

Q What about this air conditioning board? This is the

Q The air conditioning contractors?

A When those recommendations come up to us, we don't

Mr. Smith or whoever.

9 And it is these private agencies that control on who

serves on the board?

jand we appoint them.

i

10 You are powerless not to appoint their recommendation

is that correct?

A I think these requirements are specified in the

making these recommendations to us.

MR. BLACKSHER :

| I believe, your Honor, we could have this document

marked, but the information was turned over to us from the

city indicates that the air conditioning board is established

by a city ordinance.

Do you want to stipulate to that?

MR. ARENDALL:

Whatever it shows, Jim. I have really done no

research on these things.

MR. BLACKSHER:

In fact, the air conditioning board ordinance says

it shall be composed of five members appointed by the City

ordinance of the state's statute and these people are rtgheful

know whether they are black or white. They recommend Mr. sone.

A They make their recommendations to the city commission

|

|

8,

y

I _ oot

; :

| 352

920

a

Commission. It shall consist of the following members; one

air conditioning refrigeration mechanic, one business principal

of a registered air conditioning and heating firm; one

principal of « registered air conditioning and heating firm

that is primarily engaged in installing heating and air

conditioning systems and residences and one independent

practicing mechanical engineer, a registered engineer in the

State of Alabama, and one representative of the public.

So, it appears that no one makes recommendations to

that board. Does that come as a surprise to you?

A No, it doesn't come as a surprise. We have forty-six

different boards and commissions here and I think it would be

impossible for me to be familiar with every ordinance and

pueme statute. I can say emphatically that no black person

has ever come to me and said, "Mr. Mims, we would like some

representation on the air conditioning advisory board." I ha

had no complaints in the eleven years that I have been in

office.

Q Have white persons come to you and requested

representation on the air conditioning board?

A No.

Q Now, this Mobile Bicentennial committee. Is there any

reason why there are three out of forty-six members that are

|

‘black? Are there any qualifications that you felt ruled out

| 393

|

any black citizens in substantial numbers to that board?

A We appointed some blacks to this, ever how many to

begin with, and then this committee kind of grew on us,

because a number of people expressed interest in the

‘bicentennial celebration and, as a civic club, well, they

would say you ought to put Mr. Jones on here. He is, you

know, involved with the ROTC, or whatever, and he ought to be

on the bicentennial committee and the City Commission kept

adding and adding and we wound up with whatever it says here,

|

forty-six members, but go back and research the records at

City Hall and you will find out that we started off with

about twelve members, three of which were black, and it grew

and grew and grew and that is the only explanation I can

Q The explanation, as I understand it, being they just

wanted black groups like white groups expressed interest in

joining the committee, is that what you are saying?

A Well, yes, and also the blacks have not expressed

as-mich “interest, as I would like to have seen them express,

in bur Independence Day celebration. Every year out of

hirty-five thousand at Ladd Stadium I doubt seriously if we

d seven hundred blacks and it was a free program for all the)

e

itizens of Mobile and we have encouraged everyone to come

li

- enjoy this program.

| _. 394

226.

Q By the way, I attended the program and you say there

were seven hundred black people in the audience?

A This would be my estimation.

Q I guess you were counting the people sitting in the

end zone stands, mostly?

A No. perme ep Sith chee tn @ 8 cide 0 elente ceed

the field and on the stage and I just did not see many black

people present at that bicentennial or that Independence Day

celebration.

Q In point of fact, I didn't see any black entertainers

and I thought that was regretable.

THE COURT:

Well, you ask questions and don't get into an

argument.

MR. BLACKSHER:

Were there any black people, entertainers, besides

the black people in the marching band?

A No.

liq We have the item seven, which is the center city

—— authority which is, as my notes say, is suppose

to rejuvenate or help rejuvenate the inner city out to the

Loop; is that correct?

THE COURT:

Let's don't get into another subject here. We will

a Its basis of funding is from the member governments

that participate and contribute on a per capita basis and

they use that funding to match certain federal and/or state

or special agency programs.

Q What agencies in Mobile County participate?

(A I am not sure, but I think all of the municipalities

in the County government are members.

Q Is the South Alabama Regional Planning Commission

controlled by the Mobile City Commission?

A No, sir.

@ To what degree does the Mobile City Commission input

Ihave on any influence on its operation?

A Only as voting members. We are members of the

jenscutive committee and various aspects of the organization,

|so, that whatever our proportion of our population is to the

three county area, that is what our voting is.

Q Now, Mr. Greenough, in your 1973 election, you were

}

opposed by a Mr. Bailey, you were not?

|

i Yes, sir.

| Were there any other candidates in that election? —

A Yes. There were two others.

0 Who were they?

Mr. Bridges, Earl Bridges, and Mr. Ollie Lee Taylor.

‘but we vote -- their voting is on a per capita formula basis.

|

|

335

JJG

4 | 928

in the black areas constituted the swing vote in that electi

vA That is awfully hard to answer. I presume, if you

Pe all other votes in isolation, the answer would be yes,

but I think this is a rather static way to look at it. I

| think there is much more dynamics involved in the election

Process, but actually I would have to say that generally,

probably, yes.

Q In any event, you did, in the runoff, secure a

Substantially larger percentage of votes in the black areas

than you did in the initial race, did you not?

A To my recollection, yes. |

9 Did you have any assistance from leaders of the black |

community in connection with that campaign? |

A Fortunately, yes. |

Well, I should say the younger element that has |

Sometimes been described as the young turks, tended to be

“in support of my candidacy.

Ir Could you identify some of these?

in Well, there are some well known names and there are

‘many others not well known, ptobably, but one who is now a

member of the Alabama House, Gary Cooper, was a very strong

| Public supporter of mine. Milton Joiner, a young man with

| whom I had gone to the University of South Alabama, and many

_ others.

927

Q Mr. Ollie Lee Taylor was black?

A Yes, sir. |

Q How did the first election come out?

A Mr. Bailey and I were in the runoff.

Q Who was shead?

A I think Mr. Bailey was.

Q Did you make any efforts to get black support in the

original election?

2 I did from the outset of my campaign and all the way

through the runoff.

Q Is it fair to say then that you were not concerned

about being tagged with the black vote?

A I was leoking for every vote I could get.

0] Bailey actually got some forty-eight point one

percent of the vote in the original election, did he not?

A Yes, sir. ,

Q + And you were the decided underdog at that stage?

lA I think everybody had that opinion, yes.

le Did you go back to the black commmity and seek their

active support in the runoff? :

A Yes, sir. I did.

lo Were you successful?

A I think the statistics would reveal that, yes. it

Q Do you believe that the black vote or the vote of blacks

3398

—— os

and I think Mr. Mims has discussed the representation or

lack of it of the City of Mobile on the supervisory

commission. 1 have neglected or did neglect to ask him, but

is there currently pending some effort to get that changed

by legislation?

A Yes, sir. Representative Gary Cooper has introduced

a bill which would accomplish several things. I am not

intimately familiar with it, except the essence of it is

to allow for a broadened base of representation on the board,

itself, as well as the board selection procedures and, thus,

I guess the supervisory committee.

I think that I would have to say, to my recoilection,

I did publicly and I think my two fellow commissioners

both herald this as a positive step in the right direction,

although I don't think any one of the three of us saw this

as the ultimate cure and, again, I say I think representative

Cooper realizes these sorts of things must be taken one step

at a time.

Q Mr. Seales testified about the absence of a park in

the Texas Street urban renewal area and that is under your

jurisdiction.

Can you tell us briefly about that?

A Yes, sir. With the proper difference to our present

company, the delay in that whole program is traceable to the

_ 399°

‘July 20, 1976 9:00 o'clock, |

A.M. |

THE court.

All right. Is Mr. Mims back?

MR. ARENDALL:

Yes, sir.

| LAMBERT C. MIMS

the witness, resumed the stand and testified further,

| as follows:

THE COURT :

|

All right. Gentlemen, you may continue with the

cross of Commissioner Mims.

CONTINUED CROSS EXAMINATION

Mr. Mims, I direct your attention to Plaintiff's

hibit 64, again.

+4 2

Do you have it in front of you?

A Yes.

Q And in particular, to committee number 7, center |

vetty development authority, and I understand that is some sort

of authority that is designed to help rejuvenate the inner

|

city out to the Loop, |

| 400 ae We wa

942

Would you be more explicit about what that authority

does?

A Well, this is a new authority that has been created

in recent months and the idea is to preserve what would be

called the older section of Mobile to make sure that it doesn't

deteriorate and that it is restored and refurbished and

rejuventated, so to speak.

1Q You mean the older residential section or the older

business section?

A Both.

Q The city has only one appointment to that committee

or to that authority?

A No. This is in error as we brought out earlier.

There are several persons on this authority, including the

City Commissioners and if I am not mistaken the mayor, eheover

serves as mayor at the time, is the chairman of this

“authority and it includes people who are connected with the

downtown Mobile Unlimited program, as well as other business-

men and property owners in the «area.

Q Businessmen and property owners. Are there any

blacks on that authority and, if so, why not?

A There are no blacks.

| Q I asked why not?

r I could not answer that.

Q They are appointed by the City Commission; is that

correct?

i

THE COURT : ;

If I recall correctly, your testimony yesterday was

| five was the number including yourselves on that?

j

vA I believe that's right, your Honor.

| THE COURT:

Are there any other commissioners on that?

\A If I am not mistaken the commissioner serving as

| mayor is on there.

|

| Your Honor, I am not sure if the other two a

are on there or not.

THE COURT:

i |

| |

i |

All right. |

|MR. ARENDALL :

|

|

|

If your Honor please, I have here a list of the

of that committee. Would you like that?

‘THE COURT:

Yes.

MR. ARENDALL:

|

This is dated March 25th -- no. The ordinance was’

dated March 25th, 1975. I am not sure as to the precise

date of these, but members are all three commissioners, Mr.

|

James Van Antwerp, Jr., vice chairman of the committee; |

_

-

| 401

4027 r

+

Mr. Ken L. Lott, who is an officer of the Merchants Bank;

Mr. Don Henry, and I don't know what he is. Mr. H. J.

Goubil, who is with Title Insurance Company.

THE COURT:

How do you spell that last name?

MR. ARENDALL:

G-o-u-b-i-1.

THE COURT:

Well, that gives seven, then, instead of five; three

commissioners and four businessmen.

MR. ARENDALL:

Yes. I understand, Judge, from Mr. Greenough, he

had something to do with the appointment of this and he can

testify about ‘it perhaps and knows more about it than

Mr. Mims does.

| « All right .

MR. BLACKSHER:

Mr. Mims, you are not suggesting, are you, that there

are no black businessmen or property owners who are not

interested in downtown Mobile?

A Absolutely not.

Q By the way, is there a similar authority or committee

that has, as its purpose, the rejuvenation of the black

business districts of Mobile?

A This particular authority is interested in the entire

_ atea from the water front to Government Street Loop, without

| exception to race or color.

| Q Yes, sir. I am speaking about the area from Broad

| Street out Davis Avenue, north of the Prichard City limits,

| which is where the black business district is, traditionally.

A There is no authority set up with the responsibilitcy

for that specific purpose, no.

8 Can you direct your attention to number nine, board

of electrical examiners which there have been no blacks out

of a total of seven members, over the years, and I believe

you said that various contractors, the IBEW, Alabama Power

Company nominate people for this board?

A It is my understanding that people who are associated

| with the electrical profession, for lack of a better word, ar

the ones who are appointed to this electrical examining

| board.

| Q Once again, I want to make sure that the record is

clear that the City is not bound by ordinance or otherwise

to accept the recommendation of these private agencies,

| is it?

a I would not think so. However, we abide by the

| recommendations of these various groups.

|

|

i

| 464

403

Q Whoever they recommend, you as a formality, go ahead

and approve?

A Normally that is the procedure.

Q You are not suggesting either, are you, that there

are no black qualified electricians in the City of Mobile?

A No, sir. We have a very fine electrician working

for the City. Im fact, he is head of the electrical

inspection department.

Q Item ten, citizens advisory group for the mass transit

technical study, which shows that three of the eight members

are black.

Ien't it true, Mr. Mime, that the federal government,

in an attempt to meet the Title six requirements, expressly

required the City to appoint the three blacks to that

coumittee?

3 I do not have knolwedge of that requirement.

MR. BLACKSHER :

Would you mark this, Mr. O'Connor.

(Plaintiff's Exhibit 103 received and

marked, for identification.)

MR. BLACKSHER:

This 103 will be two documents. Actually, one is

the list showing the members of this committee, citizens

advisory group for masse transit technical study, and attached

A ‘This is correct.

Q In point of fact there appear to be only three blacks

_ eight members other than the three blacks is a minority

He is a jew. Mr. Zoghby is a Syrian.

to it is a letter to Mayor Greenough from the South Alabama

Regional Planning Commission dated January 20, 1975.

THE COURT:

What is the number of that, please?

MR. BLACKSHER:

103. Look at the list that I referred to at the

bottom of the first page and you will see where the South

Alabama Regional Planning Commission, pursuant to Title 6

of the Civil Rights Act, is recommending that people be

appointed. I believe there are two non-minority female,

'

|

|

|

|

two minority female and the same for males, right?

as one of the other eight committee members, a minority person,

other than a black to act for the four that the Federal |

government asked be appointed? |

A Are you asking if they are a minority? |

Q Yes, sir. I am asking if one of the remainding |

person? , |

A I imagine you could call Mr. Briskman a minority.

Q One of those would classify as a minority, in your

opinion?

406

— &

Ae —s

|

3948

A I would think so How did you locate the black people that served

5 nee’s talk @ idecte be cheut the item of . the on that commitcee, Mr. Mims? How did the commissioners

citizens advisory committee on the Donald Street freeway in losate then? |

which eleven of fifteen members ere or were black. A If I recall the particular meeting, we sat down and

Do I understand you to say it is defunct, now? looked at the area that was being affected and tried to get

A I think perhaps it has already served its purpose | some people who were interested or would be interested in

to try to establish this corridor through this area of the where the road went.

t ‘ 9 Yes, sir. I understand that. My question is, how

city. |

Q Why were there so many blacks on this particular did you get the people? |

a Well, sir, I look at a list of people and try to |

|| committee, Mr. Mime? |

recall who lives in what ward and what fet

A If my memory serves me correctly, one of the require- r area of town and make |

_my appointments.

ments by the federal highway administration and others was P

/Q Did you have any difficulty in getting people to serv

that there be people from the area that is being affected |

on this committee?

and, of course, this road was going out Congress and Donald

A According to Mr. Joiner, who was our liasion |

Streets through Toulminville and my answer would be it went

Q Milton Joiner? |

through this area where many of these people lived. |

A Earl Joiner, public works engineer, served as liasion

<2 It is a predominantly black residential area? |

for the City Commission. According to Mr. Joiner sometimes

A I would say so, yes.

they had very high attendance of people who attended the

THE COURT: |

‘meetings. P

What number was that? |

Q No, sir. I asked about getting people te serve on th*

A Number eleven. :

committee?

THE COURT: | |

A I thought we were talking about serving. Persons don't

Okay.

(come to the meeting they are not serving.

MR. BLACKSHER: i

=

| _ 408% 7

950

+

THE COURT:

The thrust of his question is in finding people to

make the appointments?

A Your Honor, I don't recall that specific point.

MR. BLACKSHER:

All right, sir. I next direct your attention to

| number twelve. I think I have not moved the introduction

“of Exhibit 103 and I so move.

| cme COURT:

Let it in.

(Plaintiff's Exhibit number 103 received

and marked, in evidence)

MR. BLACKSHER:

Item number twelve, the codes advisory committee where

there have been no blacks.

Why is that, Mr. Mims?

|

Rog I could not answer that.

Q Architects, structural engineer, mechanical engineer,

electrical engineer, member of the building trades, a

general contractor, home builders, real estate -- this is a

body that passes on what building codes will be adopted and

enforced by the City of Mobile; is that correct?

a This is correct.

| THE COURT:

Does that include residences?

A All buildings, sir.

| THE COURT:

All right.

MR. BLACKSHER:

| In point of fact, Mr. Mims, not all or very few of

_ the people on this list, and I have that list before me,

| @ very few of them are actually recommended by an outside

agency; isn't that correct, or do you kmw?

- I do not have the list before me.

| MR. BLACKSHER:

: I think we will introduce this into evidence, your

_Honor. This is the list and the ordinance that creates this

particular committee.

of these in the record.

(Plaintiff's Exhibit number 104 received

and marked, in evidence.)

MR. BLACKSHER:

I will go on to the next one, your Honor.

I move the introduction of 104. ’

‘THE COURT:

It is admitted. Go ahead.

MR. BLACKSHER:

|

Item thirteen is the commission on progress.

Perhaps it will be useful to have all

ee

951

410:

As I underetand it, that is a committee that you

personally had some responsibility in forming?

in 1965. It was called a bi-racial committee. It was at my

suggestion, after the racial strife of the sixties and we

moved on to trying to make progress in other areas, that we

dintast the name to commission on progress, because the

_ group was considering matters other than race related matter

| and matters that dealt with things other than race, but I a8

had close association with this committee or this commission

over the years that I have been in office and this committee

|

has done a good work fer the people of Mobile.

| Q There was a conscious effort to insure there were a

|

"repetitive number of black people on this committee, I take

it?

| A Yes. It was established as a bi-racial committee

from, the very beginning.

Q What was some of the other areas that this committee

| got into that caused you to change its name?

| A Well, economic -- in the area of economics. In other

‘words, trying to obtain jobs for people and see that every

one could get a good job in Mobile. We have put forth every

| effort down through the years.

This committee has also discussed problems as they

a This commission was in existence when I assumed office

vA I think it did create unity and created much more

the sixties?

A During the late sixties it was known as a bi-racial

committee and then, at some point in time and I could not

related to police in public works and other functions of

city government. So, at their meetings, many many different

matters have been discussed, parks and playgrounds and

public work matters and police matters and general governmental

services, all of these things have been discussed by this

committee.

Q It sounds like it was duplicating the function of

a number of other bodies that we have been talking about?

a Well, I am sure there would be some overlapping in

a number of areas.

Q The important thing is that it had a bi-racial

composition, as I understand it, that was intended to create

a sign of unity in the community on these issues?

unity than maybe it was given credit for having created.

Q You nevertheless thought the term bi-racial committee

was not an adviseable thing to have during the last part of

tell you when the name was changed, but it was, at my

recommendation, and I made a newsrelease on it and it is

all a matter of record. We did recommend to change the name

because it was dealing with matters other than purely race

| 4411 -

412:

954

related matters.

Q Have you had any trouble finding black people to

serve on this committee, Mr. Mims?

7 We, as far as I know, have been able to get people

to serve, not every one has one hundred percent-attendance.

It is spasmodic, as far as attendance is concerned, on both

the black side and the white side.

Q Okay. I next direct your attention to item fourteen,

the educational building authority.

As I understand it, this was some sort of authority

established to enable city bonds to be sold to finance

capital improvements on some educational facilities; is that

correct?

A So far as I know. You will have to refresh ay

memory with some of these authorities, if you don't mind.

Q You don't happen to know which educational faciliti

received the benefit of these bonds, do you?

A On this particular authority I could not tell you,

to save my soul.

Q It wasn't the Mobile County Board of school countseiqnere,

the public school system, was it?

A I do not know.

Q Could it have been some private schools?

;

955

Q Who would know, Mr. Mims?

A Well, I assume-that Mr. Arendall has the file with

the functions of these various authorities. I am sorry,

your Honor, I didn't bring all of this up here with me and

| I hope the Court will understand that I can't remember all

of this.

As we indicated yesterday, we set these authorities

up and they serve as a vehicle for financing and we have

very little to do with it once the group comes to us and

asks us to form this oo or this authority. They go

on with the function and provide the buildings for public

| MR, ARENDALL:

If your — please, we have furnished to the

plaintiffs a liet of the membership of each of these various

commissions and boards and indications of by whom they were

appointed or cecommended and the copy of the ordinance under

which they serve. I see, as to this particular one -- and

I don't know this adds anything or will trigger anything |

in Mr. Mimse's mind, but this says it was the, application of

Messrs. C. T. Cartee and Guy W. Reynolds and so forth.

A I cemember a Dr. Thomas, a lady, if I am not

mistaken.

THE COURT:

|

|

use. So, E really -- I have been too concerned with drainage, eee

a I just said I do not know, counsel.

413

-

\| | , 414: , ‘Tt

What is the name of the private school that Dr. Thomas is

A It is my understanding that the school is located

on Government Street.

Does that trigger what they came to you for in the

purpose of the authority?

a They came to be able to raise funds to promote an

educational facility.

THE COURT:

Was it a private school?

MR. ARENDALL :

Was it a private school?

A I know Dr. Thomas is associated with a private —

So help me, I do not know what the ordinance says.

MR. ARENDALL:

It doesn't identify the school location or anything.

associated with, Mr. Mims?

THE, COURT:

Do you know the name of it?

aA No, sir.

MR. ARENDALL:

Whereabouts on Government Street?

a The school is located across from Constantines

Restaurant.

Gulf Coast Academy?

a That is correct. I spoke at their graduation

exercise not long ago and I could not remember the name.

MR. BLACKSHER:

That academy has an all white enrollment, does it

not?

2 I could not testify to that fact.

Q Did you see any blacks in attendance when you spoke

there?

a I don't recall any blacks being at the graduation

exercise.

Q Okay. The next one is item fifteen, Mobile area

public higher education foundation,

This has to do with the University of South Alabama,

doesn't it?

A I do not have the record in front of me.

Q Mr. Cleverdon is on the committee, Mr. Herron,

Mr. Little and Mr. Crowe.

A That sounds like the University of South Alabama

Mr. Langan, Mr. Smith and others. I won't

— ——

416:

es

read this into the record.

Is there any particular reason why there were no

blacks, to your knowledge, appointed to this particular

committee?

“ No. I do not know that. I think perhaps that was

set up before my time at City Hall.

Q Well, yes. It was set up, apparently, in June of

1962. The appointments ranged though from -- well, except

for one year in 1962, they ranged from 1970 up to 1976.

A Well, normally......

MR. ARENDALL:

May I call your attention that according to this

apparently the only appointment has come up on this board

_ gince Mr. Mims came up on the commission was Mr. Joe Langan'

| original appointment must heve expired and he was re-appoint

on September 30, 1974, and that is the only appointment the

| City Commission has had since that time.

THE COURT:

The city has one appointment to that board?

MR. BLACKSHER:

I will put this in evidence. It indicates to me the

original appointments were 10/1/70 and others in ‘70, ‘72

and one in ‘74.

MR. ARENDALL:

I beg your pardon. I see they were originally

_ appointed in 1970. I apdlogize to you. I misread it.

Who are the other appointing authorities?

| MR. BLACKSHER:

Do you know, Mr. Mims?

A I am sorry. It does say on the list.

MR. BLACKSHER:

There are some county appointments.

THE COURT:

How many?

MR. BLACKSHER:

Five.

THE COURT:

County appointments?

, MR. BLACKSHER:

Yes, sir. And there are some school board

appointments numbering six.

| THE COURT:

That is the county school board?

| MR. BLACKSHER:

That's all we have.

MR. ARENDALL:

Jim, it could be that the Cleverdon was also a county

415°

appointment. Apparently, the city has six and the school

board has six -- that is, the county has six.

THE COURT:

$0 there are ten members rather than six members of

that board.

MR. BLACKSHER:

More than that, your Honor.

MR. ARENDALL:

It would be at least six and six is twelve and six

more would be eighteen.

THE COURT:

Okay.

MR. ARENDALL :

Assuming that Mr. Cleverdon was appointed by somebody

and he is on it.

MR. BLACKSHER:

‘ We offer this.

(Plaintiff's Exhibit number 105 received

and marked, in evidence.)

MR. BLACKSHER:

Next I will direct your attention to number sixteen,

fine arts museum of the south at Mobile, which indicates =

have been two blacks out of a total of forty-one members

the years.

Do you know why there have not been any more

blacks than that on this commission?

a As we indicated previously, normally people who are

interested in arts are appointed to this board, people who |

make contributions and go out in the community and try to

raise funds that would help operate it and make capital

improvements.

in the arts have been appointed and recommendations have come

People who express a great deal of interest

from the various groups.

Q There are a substantial number of blacks in this

community who are interested in the arts, aren't there?

A I am sure there must be.

, Q Fort Conde plaza development authority, number

seventeen. There have been no blacks on that committee.

I believe your testimony was that it consisted of

| three City Commissioners and property owners from that area:

is that correct?

A That is correct.

Q Are there no black property owners in the Fort Conde

area? .

A I have no knowledge of any blacks owning land in ‘chad

area.

Q There are some black residents of that area, aren't

there?

as

.

a0 7

7 Absolutely not. No residents at all in that area,

at this point.

THE COURT: °

He means the immediate adjoining area.

a Well, your Honor, this authority has to do with

the property located within the interchange.

THE COURT:

Well, limit ours to that area.

A Well, that was what I was talking about. WNo, sir.

Not that I know of.

MR. BLACKSHER:

Eighteen is the Mobile Historical Development

Commission of which there have been a total of one hundred

and thirteen members over the years. None of whom are black.

Can you explain that, Mr. Mims?

a Only that we indicated yesterday that we received

recgmmendations from the various agencies that concerned

themselves with historic preservation and development and

we accept these recommendations as they come to us. Normally

they will give us, number one and number two, and we normally

select the number one recommendation on the list.

Q Well, this would certainly indicate that there aren't

any blacks who are interested in the historical development

of Mobile. You don't think that is true, do you?

=————_——_

a

w

al

All I can do is speak from experience. I haven't

7 from too many who were interested in it.

I am reading now, Mr. Mims, from Exhibit 76, Plaintiff

a

xhibit 76, which is this neighborhoods of Mobile published

by the South Alabama Regional -- City Planning Commission,

excuse me, page three. Says the essential -- the topic of

this paragraph, "People, values and a swelling tone”.

"The essential population characteristics and broadly

basic values of today existed at this latter time. Migrants

rom the eastern seaboard, scotch, irish, and english, were

ettling as farmers in northern Alabama and were the first to

se the Tombigbee and Alabama rivers for transportation. Many

had settled in Mobile; their uneducated, rough and tumble ways

were in strong contrast to the educated, conservative and

orthodox habits of the former New England traders and merchant

i|

1

Living here. Yet, eventually there was merger of divergence.

* few remaining french and spanish families contributed

atin values to those of the two major groups. Although

approximately one-third of the population at this time was

|

| ndian or negro, these two minorities had little direct effect

m the value structure found in the city.”

So, according to this report of Mobile Planning

Commission, negroes have had little to do with the historic

povetepumet

| — 7"

|

|

|

fourteen. However, I could say that all fourteen have not

They have had little to do with it.

Would you agree with the statement?

been active. The black member has been activer If I am not

mistaken it is Mr. Leroy Davis, a very fine businessman.

and marked, in evidence)

|

se Q And he was appointed by you, in fact?

I believe the statement is little effect. i t theek cases viene.

. BLACKSHER: 0 I think I will introduce this list of members into

2 thisk you ere right, your Hence. evidence. For the record it shows who appointed them and wen

FR COURT: ; (Plaintiff's Exhibit number 106 received |

I just listened to what you said. |

. BLACKSHER:

It says they have had little effect on the value

tructure found in the city. Would you agree with that?

Well, that is a document of the City of Mobile and I

t the document.

Okay. I next direct your attention to number nineteen,

MR: ‘BLACKSHER:

Mr: Doyle and Mr. Greenough have not appointed any

black members to that commission.

Do you suppose that might have anything to do with why

you saw a smaller turn out than you expected of black people

t that event?

he Independence Day celebration committee. ; ,

A ‘ No. I don't- think that has anything té do with it.

tha commi that plans the fair at Ladd " ;

Is e the — whe I don't think the membership on the committee has a thing

tadsum on the 4th of July?

This is correct.

I see it has only one black person out of fourteen

in the world to do with the number of people who turned out.

Q Could we talk about the event that we all witnessed hete

recently just a second? Now, it started out with a marching

s. Can you explain that?

band and then there were some floats that came out. Among thobe

Well, I can't explain the ratio, one to fourteen, but

floats were there any blacks riding those floats?

can say that all fourteen of these are not active.

f I, think there was a black lady on one of the floats

' swer.

I didn't understand your an who gave the pledge to the flag.

I said I could not explain the ratio of one to —_— T —424- a oe ae |

423 :

966

Q You are absolutely corrects She was the only black

person on the platform, as I recall.

the previous years when we had black ministers on the platf

and on a number of occasions have had black people on the

A Well, that might be true, but I call your attention a

platform. This year, maybe one was on the platform, but that

has not been the case every year. I know the Siset year we

had it we had the bishop, I think it was a black man from

New Orleans, came here and gave the invocation and other

blacks have been on it, too. I think Bishop Smith has been

on it and other blacks in years passed. I am sure the

committee, when they were ........

Q well, what happened this year? There was a

conspicuous absence of blacks on that field this year and

it wondered what happened.

A Well, I am not a member of that planning committee.

Mr. locket is chairman of that committee and they have worked

extremely hard to put on a good show for all of the people

of Mobile every year and we run ads in the Beacon and run

ads in the Mobile Press Register and we encourage people

jand I have been on the radio time and time again on all

|

stations encouraging people to come to the Independence Day

celebration. We can't make people come to the stadium to

celebrate the birthday of our nation. I can't answer. =hat

RS

‘A

Q

A

Q

A

Q

A

jor

Q

to be

Ps

quéstion.

a very fine comedian.

stand,

” “ —i

The two principle entertainers were Mr. Jerry Clower,

style of humour was not ethnicly aligned with the black

culture, would you?

I didn't look at it that way. Mr. Clower is a fine

christian man and I know he doesn't have any animosity or

ill feelings toward any race or nationality. I think that to

be a fact.

In point of fact, he made one joke of how he was

tired of shiftless people who weren't working or something

to that effect.

Well, of course, if the shoe fits you have to wear it.

And the second major entertainer was the Nashville

A very fine group of entertainers, yes.

Who played a number of excellent songs, including

one rousing rendition of Dixie, as I recall.

Well, that is correct and I was amazed that a black

standing right in front of me stood up.

Along with everybody else, at that point?

Well, if you were watching me, I was reluctant to

but I am an American and I believe in our country and,

frank with you, I am a little reluctant to stand to

I think you would have to admit that hi

)

_ 426

anything other than to Amazing Grace and the Star

Spangled Banner.

Q I appreciate that, Mr. Mims. Let's move on to the

next one. The industrial development board is number twenty

and there have been no blacks out of a total of fifteen

members. The industrial development board, the ordinance

does not tell us what use is going to be made of the monies,

the capital monies, that will be raised through these municipall

bonds. I take it that is what it was for, wasn't it?

\A The industrial development board is a vehicle whereby

industries can obtain funds to expand or develop new peau |

that create jobs and, over the years, many hundreds and even

thousands of jobs have been created because of this board's

involvement and because it can be used to obtain the funds

for industrial development and, of course, we have blacks and

whites in all segments of the community working at these

industries that have been provided because of this industrial

development board.

Q According to the list here, every one of the members

has been recommended by the Mobile Chamber of Commerce?

A I am sure this is correct.

0 And to get back to my last question, which really

wasn't answered. Can you tell me some of the plants, vanes |

or businesses that have benefited from these bonds?

427

A Well, a number of them. I think both of the paper

mills have benefited from these bonds, the new paint company

going in down at the Theodore Industrial Complex. I don't

have the list, but a number of firms have benefited and the

community has benefited.

Q Smith's Bakery?

A It is my understanding that Smith's Bakery used

industrial development bonds, yes.

Q And Coca-Cola Company, Delchamps?

A Well, there are a number of them and all of them mean

an awfully lot to this community. They have big payrolls.

MR. BLACKSHER:

We offer this.

(Plaintiff's Exhibit number 107 received

and marked, in evidence)

MR. BLACKSHER:

Wouldn't you think there were a number of black

businesemen that would be interested in serving on that parti-

cular board?

A I do not know. ,

Q Do you have any boards or committees for the City of

Mobile that provide development bonds for minority enterprises?

A Well, anyone has an opportunity to come before this

board and seek funds or seek a bond program that would generate

~ ae |

970

funds without regard to race. So, I would suggest that

inority groups or anyone else who would be interested would

come before this board.

Q Do you know whether or not any minority groups have,

tn fact, used it?

\A I do not know.

i I am going to skip over a number of these and try to

make these move along a little faster, Mr. Mims, unless there

ite something you would like to say about any of them.

You said, at this point in your direct testimony, that

the City Commission has little to do with these boards after

lehe members are appointed; is that correct?

|

A These boards that are set up on these authorities that

= set up for strictly financing, we have very little to do

with it. Now, I am not saying that we have very little to

do with all of these boards, because you skipped over one of

the mést important ones.

: The Housing Board?

That's right. A very important board and we do make

ppointments to this board and we do have close relationships

with this board.

| W finance a lot of projects. The city of Mobile has

expended millions upon millions of dollars of urban renewal

§ cers: that have cleaned out slums and provided better housing

!

|

for our people.

0 You will admit that the majority of the clientale

for the public housing board are black?

A This is correct.

Q And concerning the public housing projects that have

been built by the City of Mobile it is also a fact that they

have also been located in black neighborhoods; isn't that

correct?

a Well, they are located in predominantly the older

sections of the city, because this is ........

THE COURT:

Well, are they predominantly black?

A Your Honor........

THE COURT:

IT am speaking of where the work was taking place.

A Well, yes. I would say so.

THE COURT:

All right.

MR. BLACKSHER:

Back to my point about the involvement, of the City

Commissioners once these boards are appointed.

Was it my understanding that they pretty much

\functioned on their own once they are set up?

A Well, this is true and, as I testified earlier, I

430°

appoint people to these committees and boards that I have

confidence in and I don't pull strings. They are not

puppets on the string for Lambert Mims when I appoint then.

We depend upon these people to run these operations.

Now, that doesn't mean we don't have close communication or

close association with these people. We have one of our

own City Commissioners serving on the water and sewer board.

Well, certainly we discussed water and sewer board

problems and we have these people serving on the housing

board and we discuss problems as they relate to the

community.

|

‘THE COURT:

|

| Now, it seems most of these boards are -- many of

| chen rather are established for a specific purpose and, after

that purpose is accomplished, some of them become dormant.

I am not sure about the Mobile Housing Board. Are these

members salaried members who function day to day or is this

an advisory board that just advises the Mobile Housing

Board?

A Your Honor, the Mobile Housing Board is more than an

advisory board, It is an operating board.

| THE COURT:

First, is it a full time job?

A No. These businessmen are appointed.

| ~ a3

—

These are advisory people to whom?

A No, sir. These men serve as a board and they give

instructions to the director, the executive director, who is

a full time man and he has a staff.

THE COURT:

That is what I wanted to know.

~ But this is a very responsible group of people and

they handle millions of not only local, but federal monies.

THE COURT: )

About how often does the board meet?

A I think it meets twice monthly, your Honor, and

then on call as needed.

THE COURT:

Some function -- I realize the comparison is not

exact, but something like a board of directors of a business

institution?

A This is correct. If I might add, we have more

contact with the executive director than we do actually with

the members of the board, because the members of the board

iset the policies and the executive director then has to carry

them out and he commmicates auite frequently with all three

commissioners and with the board of commissioners.

MR. BLACKSHER:

~ 4380:

That is Mr. Jimmy Alexander?

A That is correct.

Q Who, for the record, is white?

a White color or named white?

Q Race.

a Well, Mr. Gray is a black man on the board. “e 7

man......

THE COURT:

Well, all right. We are going through them and I

would like to know something of their -- not a lot, but is

he a business man or social worker or government employee,

or what?

A All right. Let me take them one at a time, your

Honor. Mr. Gray is a black man on the board and he is with

the Mobile County Public School system and, if I am not

mistaken, he is an assistant principal at Shaw High School.

THE COURT:

All right.

A Mr. Norman Cox is the president of the Patterson

Company.

THE COURT:

Is that a lumber company?

No, sir. Wholesale supplies of some kind, flooring

nd things such as this.

975

;

THE

&

THE

MR.

Me

THE

. BLACKSHER:

y either you or your brother; is that correct?

THE COURT:

All right.

A And then Mr. David Frielander who is president of

bile Rug and Shade Company.

re COURT:

of a drugstore and he is a pharmacist.

All right.

Then there iz Mr. Howard Adair who is the supervisor

superintendent with the South Central Bell Telephone Company .

COURT :

All right.

And then there is a Mr. Gary Ellis who is the owner

COURT: |

All right.

BLACKSHER :

Your Honor, I am introducing, as 108, the list that

Mims has just gone through.

COURT :

All right.

(Plaintiff's Exhibit 108 was received

‘

and marked, in evidence)

By the way, Mr. Mims, Mobile Rug and Shade is owned

_ 43%...

|

Ad4

977

= i—t

board to the commission and in charge of the libraries and

A Absolutely not. I wish it were.

the board of commissioners. The personnel who works for the

Q You are not connected with it?

| library board is under civil service and I could not tell you

|A Absolutely not. Mr. Friedlander is the owner of

why there is a two to fourteen ratio.

Mobile Rug and Shade Company. |

We, again, try to appoint people who are interested in

Q All right. In any event, what is your explanation

this particular phase of our community activity and people

for why there aren't more blacks on this board that affects

who are willing to devote time to it.* So, perhaps not too

the lives of so many black citizens of this community?

A I think the black community is represented and it has

been represented by Mr. LeFlore, who served on this board and |

served ably, and as far as I am concerned, the blacks have

many blacks have shown an interest in it or have come forth

and said we would like to have a part in the operation of the

\library systen.

Q Now, I take it that you haven't gone out and actively

representation with the white members.

sought black participation on this board then?

Q So you think they are adquately represented now?

P No. I haven't personally, no.

A Yes, because I know that these men that I have

Q Similarly the next one, item thirty-one, the greater

appointed to this board are just as interested in the blacks

Mobile Mental Health Retardation Board indicates that there

re no black members.

as they are the whites.

Q Now, sir, we will go to item thirty, which is the

You would not suggest, would you, that blacks aren't

Mobile Library board which has had two black members out of

terested in mental health and retardation in Mobile?

a total of twenty over the years.

No, I wouldn't. I wouldn't suggest that at all.

You wouldn't suggest, would you, that black citizens

Do you have any explanation for why there haven't been

of Mobile are not interested in the public library? ,

y blacks appointed to this board?

A Not at all.

As I indicated yesterday, if I am not mistaken, this

Q Can you explain why there have been so few blacks

s a fairly new board and these members -- and I do not have

appointed to this board?

he list before me, but these people are vitally interested

A Not really. This board is more or less an advisory

T as a ae

4 : : ars. eee 979

I think you said, concerning number thirty-three, the

retarded children and retarded people. There are some people Mobile Planning Commission, that it also is one of the most

who are more interested than others and I have found people

and have expressed great concern for mental health and © | Q

important commissions of city government; is that correct?

who have members or people of their family affected in these A I would say so, because it has to do with planning

areas are more apt to press for these needs than others. and zoning.

Q | Well, once again, I will ask you if there have not Q Do you have any explanation for why there have been

been some black citisens of this commmity who have expressed no more than two of fifteen blacks on that planning commission?

interest in the mental health problems of the commmity? A No. I know the gentleman who is on there now and the

'

A I can't recall any blacks being in any meetings with one who was on there prior to this gentleman being on, but

reference to mental health problems. Now, there may have

| I could not tell you why the ratio is one to seven.

been. I am not saying there haven't been, but to the best of

Again, this is one of those things where you really

my recollection, as citizens and we have had a number of groups are on the hot seat and you have to spend long hours listening

who have come to City Hall with reference to the mental to both sides with their arguments and presentations, and it

health program, interested citizens, and to the best of my is not easy to get people who will take this pressure, free

recollection there have been no blacks among those who come of charge, to be quite frank with you.

seeking funds or support for mental health. Q Are you suggesting that the presence of one member,

R , we you Sentiser with, ie. » Cee Ge Coarey one black member on this commission, is an adequate representa-

Hospital Human Rights Committee that was appointed by the

ederal Court in Montgomery?

Just what I have read in the media is all I know about

tion of black citizens of this community?

A Well, I would think all seven of these members

represent the community adequately, regardlesq of a person's

color, when he comes before the commission for a zoning matterz.

aware that ther black members on that

we one a a ee I think they are represented adequately.

ommittee, aren't ?

_ Q Well, let's talk about zoning for a moment.

I not aware of the make-up of that committee.

- sass Can't you agree with me that the white members of the

980

and business areas of a city?

a No. I cannot agree with that because simply the

chairman of this commission, at this time, every week before

of the planning staff at his own expense and on his own time

| and he visits every one of these sites that is coming before

on planning commission the next day or the next week. He

goes out into the communitites on hiw own at his own expense

and familiarizes himself with these matters that are coming

before that commission.

Q Mr. Mims, I said my point was that one can go out

and inspect the various sites that are the subject of the

attention of the planning commission, but unless one lives

vin the area one is not going to know what the sentiments of

the residents or the people of the community are about how

| that land is being used; would you agree with that?

A No. I would not agree with that.

commission, have you not, the planning commission? |

A Yes.

Q And is that the same Mr. John L. Blacksher about whom

we heard complaints earlier that owned a lumber company in

the Maysville area that was causing a nuisance?

these matters come before the commission gets with the member

Q Well, you have appointed Mr. John L. Blacksher to that

committee are going to be less familiar with the black scctiiiietes

. 439;

A : Yes.

Q Do you think Mr. Blacksher is familiar with the

feelings and sentiments in that area about the way it is

zoned and planned?

A I think Mr. Blacksher is, because Mr. Blacksher has

met with the citizens of that area when they had a complaint

about his company. He went and met with them at one of the

local churches right next to his place of business and, as

far as I know, Mr. Blacksher, with the exception of the lady

who testified here the other day, has good raport with his

neighborhood.

Q Does Mr. Blacksher live in that same neighborhood?

A No. Mr. Blacksher doesn't live there.

Q Hie address here is Tuthill Lane. Is that in

Springhill, the western end of town?

A Yes.

Q Item thirty-four is the policeman, fire fighters

pension and relief fund board and has had seven members over

the years -- excuse me, has had ten members over the years,

seven at present, none of whom has been black.

Now, I agree that there are relatively few, but there

are some black policemen and fire fighters; is that correct?

A I think the record will prove that we have black

policemen and fire fighters; yes, sir.

—"

_ 440

- ——Ee out

Q Is there any reason why none has been appointed to

this particular pension and relief fund board?

A Well, I think it was brought out yesterday that most

of these members of this particuler board are people who are

familiar with banking and people who are familiar about

financial matters and the whole idea is to try to get as much

sateehtn as you can from the money that you have available in

the fund so that it will be able to pay the pensions of both

black and white people when they retire.

Q My notes indicate, on direct, that you said or

Mr. Arendall said that three bankers, one business man, one

investment businessman, the fire chief and the police chief?

A I think that is correct.

Q You are not suggesting that there aren't any black

business men or bankers?

A Well, I have appointed a black banker or a savings

and loans man, a Mr. Davis, to various committees and have

used him as an advisor on a number of occasions. I have a

high respect for Mr, Davis who is a savings and loan man, but

Mr, Davis happens not to be on this particular board.

Q . You say Mr. Davis is the only black banker or busines

- that you know?

A I didn't say that.

Q There are plenty of others?

—-

- 444i

-

983

A I don't know that many black bankers, no, but I know

a lot of black businessmen, certainly.

Q You are not suggesting or you wouldn't suggest, would

you, that blacks aren't interested in where trees are cut in

Mobile?

A Well, let me say this, I don't know of any blacks

who have expressed a great deal of opinion about trees. I

don't know of any who have expressed a desire to serve on the

tree commission.

As far as I am concerned, people have to have a desir

to serve. The only reason I am sitting here today as mayor o

Mobile and public works commissioner is because I had a sinc

desire to serve the people. If I hadn't have had that desire

I wouldn't have offered myself to run and I wouldn't have

run three times. So, people have to have a desire regardless

of their color.

Q Are you inferring that black people in this community

just haven't had the desire, get up and go that you have

demonstrated?

A I am saying that I do not believe that the black

people have expressed the interest in the community that they

should have. I will say that emphatically.

la Item thirty-six is your neighborhood improvement

|

|

council. It goes around various neighberhoods holding meotingh;

=

_. 442

encouraging paint up, fix up, clean up.

THE COURT:

What number ig that? Mine is stapled together here.

A Thirty-six, your Honor.

‘THE COURT:

| All right.

a. BLACKSHER :

! For example, problems with street lights, chairman of

ithe committee, when he hears a complaint, will write you a

eno personally that you can take action on. There have only

been six of forty-nine blacks on that council.

Surely black citizens in this community, I think from

the testimony, are interested in their neighborhoods. Do you

have any explanation for why there are no more blacks than that

represented?

A I could not answer that specifically, but it would be

integsesting to know if some of these blacks who have testified

in this Court have been to these neighborhood improvement

council meetings and have expressed themselves there. They

certainly haven't expressed themselves to me as public works

commissioner, In fact, I have met people here in this Court

that I have never seen before.

Q Well, let's see, what was this other group, community

sane meetings that you mentioned along this point, in your

— 443

985

direct testimony, what is the relationship to the neighborhood

improvement council?

A Well, the commmity service meetings that I initiated

a number of years ago were primarily for ...... ee

Q No. What is its relationship to the neighborhood

improvement council?

A There is no relationship with the exception we are

all trying to meet the needs of the community.

Q Se you don't go into the neighborhood meetings throug

|eme neighborhood improvement covacil, but you have gone in

through these communi ty service meetings?

a This is correct. I have attended neighborhood

improvement council meetings in the past, but I don't make it

a@ practice to attend every neighborhood improvement council

meeting.

through these commmity service meetings?

A Yes.

lo And it is the only way you know of of finding out the

needs of the communities? ;

\|A Well, let me say this, many of the needs have been ©

brought to the City government's attention, because we have

gone into the communities and many of the needs have been met

because they were called to our attention at a community servi

Q You say you have tried to go into all of the communi tise

> ——

444.»

7s *%

meeting in a given neighborhood and so, I say without any

hesitation, that the community service meetings have been

very beneficial to the people of Mobile and they have allowed

the establishment of a relationship or. rapport between the

people and the city government that was sorely needed here.

Q You testified that you have been to meetings in black

areas , too?

A Oh, absolutely.

Q Is that what you said in your book, Mr. Mims?

A Well, I think you are referring to some meetings that

were held during the heighth of racial trouble here in our

city and I happened to have a copy of the book right here and

I can quote you page and chapter where Mr. Outlaw and

Mr. Langan, who was revered by the blacks and I went to the

and priests and black leaders from all over the place who

© was supposed to be the great hero for black people, they

called him just as many names as they did me and so, in that

ind of a situation, at that particular time, we did not go

k into any commmities during those months when Beasley

s marching in the streets and Rap Brown and Stokley Carmichael

were making so much noise over the country and we had fire

bombings and there were times when I had to have my house

Davis Avenue community ceater and we had ministers and preachers

booed, us and called us all kinds of names and called Mr. Langan,

_ 445

rT .. 4aee

guarded at night because of threats.

We did not go back after we were treated so rudely.

| tabedy but a crazy person would go back after they treated us

|like they did. I will be frank with you about that.

Q Weil, there were a lot of people that stayed right

there, the people that reside on Davis Avenue, right?

A Sir, I don't know.

THE

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Appendix — Mobile v. Bolden · 446 U.S. 55 | Frix