# Appendix — Smith v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0241%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1965 - **Citation:** 379 U.S. 989 ## Text : 2 SUPREME COURT OF THE UNITED STATES OcToBER TERM, 1965 No. 655 EVELYN BUTTS, APPELLANT, vs. ALBERTIS HARRISON, GOVERNOR, ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA INDEX Original Print Record from the United States District Court for the East- ern District of Virginia MIN SSinars SU See i ete ee tk ere 3 1 Order granting leave to proceed in forma pauperis. . 14 9 Designation of a three-judge court ................ 15 9 Answer of defendants, Miss Mary Dudley, City Regis- trar, Alex H. Bell, City Treasurer and William Prieur, Clerk of Corporation Court of the City of SRS ae ios ea Ie a AS LL ky 17 10 Pre-trial order, dated June 2,1964 ............... 18 11 Motion of defendant, Albertis Harrison to dismiss... 22 14 Plaintiff’s interrogatories addressed to defendant Al- SINE IE SO ai eh pe 26 16 Answer of defendant, Albertis Harrison to the com- BRAS SO ees OR Dee» Meet ree ae Renae eR: 31 22 Motion of defendant, Albertis Harrison objecting to interrogatories with notice attached ... ss. 36 24 Defendants’ statement of exhibits and witnesses ___. 41 27 Answers to interrogatories filed by defendant, Albertis II peg hE ae rat a eA ete nares 44 28 ERR TCU li INDEX Record from the United States District Court for the East- ern District of Virginia—Continued Original Print Plaintiff’s statement of exhibits and witnesses....... 51 32 Plaintiff’s request for admission of facts and genuine- wate OF: Geemints eo oe en cba see ie. 53 34 Answers and objections to the request for admission of facts and genuineness of documents with notice nS RR SN mre Bac rer ee ee Pe ae 57 38 Defendants’ answers to plaintiff’s request for admis- sion of facts and genuineness of documents....... 60 41 Transcript of proceedings had on October 21, 1964 except arguments of counsel.................... 64 44 FN ESE MCE FE EE OCT LE 66 44 Colloquy between court and counsel............ 69 47 MIE I 5 on Sain 6 oe hades oe tbe eee 79 52 Clerk’s certificate (omitted in printing)............. 80 PLAINTIFF’S EXHIBITS: No. A—1960 Census of Population, Volume I— Characteristics of the Population, Part 48—Vir- TEES CESS ERLE OES SI LT EP OTE 81 53 Table 16, pp. 48-32 through 48-36.......... 82 55 Table 27, pp. 48-75 through 48-107........ 87 60 Tables 65-67, pp. 48-166 through 48-172... 120 93 Table 86, pp. 48-257 through 48-267....... 127 100 No. B—Typed text of pages 110 and 111 of 1961 F United States Commission on Civil Rights Re- aE SERVES Sea een eee a ae 138 lll No. C—Article, Sudden Drive on “Poverty’— Why? from U.S. News & World Report, Jan- uary 20, 1964, page 36...................... 139 112 No. D—Article, “The World American Survey, A Fifth of a Nation”, page 407, The Economist, INE Ba BS ooo 5 ockvnie Se ktwerwnaes pe. 140 113 Nos. E(1) through E(9)—Tables taken from the Statistical Abstract of the United States, 1963, Published by the Department of Commerce, Bureau of the Census. .................-.4.- 141 114 E(1)—Table No. 364, page 273 (Veterans DEES cic eae epee tiivieee wes 141 114 E(2)—Table No. 377, page 285 (Federal a ee Weak e exp Re ae rama 142 115 E(3)—Table Nos. 388 & 389, pages 292 & 293 (Social Insurance and Welfare Services) (Old Age, Survivors and Disability Insur- ee PEE EEE EL PS TE ES NE ee 143 116 E(4)—Table Nos. 403 & 404, pages 301 & 302 (Unemployment Insurance).............. 145 118 INDEX Record from the United States District Court for the East- ern District of Virginia—Continued PLAINTIFF’s ExHIBITS—Continued E(7)—Table No. 421, page 313 (Disabled eT ree tp isc ane gee E(8)—Table No. 491 through 494, pages 370 through 373 (Elections)................. E(9)—Table No. 502, page 379 (Vote for IND. idee oh eres os ee. No. F—Report of the Proceedings and Debates of the Constitutional Convention of-the State of Virginia, held in the City of Richmond, June 12 to June 26, 1902, the Hermitage Press, Ine., pages 20, 293, 2960-2962, 2967-2969 and 2971- PP eth es Poin gar icdes dhs Gas Oa ae OS, No. G—Table F-1. United States District Courts. Bankruptcy Cases Commenced and Terminated During the Fiscal Year Ending June 30, 1962, Wt SE ca ebb) oes eee. No. H—Table F-1. United States District Courts. Bankruptey Cases Commenced and Terminated During the Fiseal Year Ended June 30, 1963, | RET ere eee ee ee No. I—Pages 55 through 59 entitled “Chapter 2— The Problem of Poverty in America” of Eco- nomic Report of the President Transmitted to the Congress January, 1964 Together With The Annual Report of the Council of Economie Ad- ase, oc ee Se ee SRE te ed pe eties ar ak i GE ihn 6 oy ie! Notice of appeal of Mrs. Evelyn Butts to the Supreme Court of the United States... I a en ee ee Order granting motion for leave to proceed in forma me EEE ICR Ry eI IIE oe ara ae mil a8 Original 147 148 150 151 155 156 167 168 iii Print 120 121 123 124 128 129 140 141 oer ee a ' eens [fols. 1-2] [File endorsement omitted] [fol. 3] IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, NORFOLK, VIRGINIA. Civil Action No. 4658 Mrs. Evetyn Butts, Plaintiff, vs. AuBeRTIS Harrison, Governor, Capitol Square, Richmond, Virginia, Miss Mary Dupuey, City Registrar, City Hall Annex, Norfolk, Virginia, ALex H. Bex, City Treasurer, City Hall, Norfolk, Virginia, Wmiiam Prievr, Clerk, The Corporation Court, Norfolk, Virginia, Defendants. CompLaint—Filed May 19, 1964 1. The jurisdiction of this Honorable Court is invoked under the following constitutional and statutory provisions: A. The First, Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution of the United States of America. B. Title 28, United States Code, Sections 1331, 1332, 1343, 2201, 2202, 2281 and 2284. C. Title 42, United States Code, Sections 1981, 1982, 1983, 1984. 2. The Plaintiff is a citizen of the United States, the Commonwealth of Virginia, and the City of Norfolk. Further she is a member of the Negro Race as well as a member of the community, who possesses all of the qualifications for voting, including age, intelligence, residence, character, citizenship, etc., but is presently unable to pay the poll tax penalty which is required in order to vote in Virginia. {fol.4] 3. Defendant Albertis Harrison is the Governor of the Commonwealth of Virginia, its Chief Executive and Administrative Officer whose duty is to administer and re- 1“ 2 quire the administration of the poll tax penalty laws of the Commonwealth of Virginia. Defendant Miss Mary Dudley is the Registrar for the City of Norfolk, Virginia whose duty is to record and main- tain racially segregated voting records for use by political officials, and to deny for registration all persons who have not paid the poll tax penalty. Defendant Alex H. Bell is the Treasurer for the City of Norfolk, Virginia, whose duties include collection of the poll tax penalty and the preparation of racially segregated poll tax payment lists, copies of which are provided the Clerk of the Corporation Court of the City of Norfolk, Virginia. Defendant William Prieur is the Clerk of the Corporation Jourt of the City of Norfolk, whose duties include cer- tifying and preparing copies of the poll tax lists received from Defendant Treasurer Alex H. Bell, for use by election officials to determine what persons are qualified to vote. 4. Plaintiff is an adult Negro citizen of small financial means barely adequate to provide for the necessities of living. There are uncounted and unknown other adult Virginia citizens, Negro and White, who are recipients of welfare, social security, unemployment compensation, small pensions, who can ill afford to pay money for other than food, clothing and shelter. There are also great numbers of citizens who are employed in sub-marginal jobs and who must support families on salaries of less than $25.00 per [fol. 5] week. In fact, the great majority of the citizens of Virginia receive income barely suflicient to pay for the absolute necessities of life such as food, shelter and medical care, but are otherwise qualified to vote. The imposition of the poll tax prevents many of these people from voting and constitutes an economic hardship on those who do vote. 5. This action is brought pursuant to Rule 23(A) of the Federal Rules of Court Procedure on behalf of all such citizens of Virginia whose numbers make it im- practicable to have them joined as Plaintiffs. For a First Claim 6. Although the named Plaintiff meets all of the other requirements for voting under the laws of Virginia, she —— 3 cannot exercise her right to vote because she is unable to pay the poll tax penalty required by the Virginia Consti- tution and statutes enacted pursuant thereto, the relevant portions of which are as follows: The Virginia Constitution 1. Section 18 ‘‘ Every citizen of the United States, twenty- one years of age, who has been a resident of the State one year, of the County, City or Town six months, and of the precinct in which he offers to vote, has been registered, and has paid his State poll taxes, as hereinafter required, shall be entitled to vote for members of th General Assembly and all officers elective by the people; but removal from one precinct to another, in the same county, city or town shall not deprive any person of his right to vote in the precinct from which he has moved until the expiration of thirty days after such removal. The right of citizens to vote shall not be denied or abridged on account of sex.’’ [fol.6] 2. Section 20 ‘*Every citizen of the United States, having the qualifications of age and residence required in section eighteen, shall be entitled to register, provided. First. That he has personally paid to the proper officer all State poll taxes legally assessed or assessable against him for the three years next preceding that in which he offers to register; or, if he come of age at such time that no poll tax shall have been assessable against him for the year preceding the year in which he offers to register, has paid one dollar and fifty cents, in satisfaction of the first year’s poll tax assessable against him; and Second. That unless physically unable, he make applica- tion to register in his own handwriting, without aid, sug- gestion or memorandum, in the presence of the Registration Offices, stating therein his name, age, date and place of birth, residence and occupation at the time and for the one year next preceding, and whether he has previously voted, and if so, the State, County and Precinct in which he voted last ; and Third. That he answer on oath any and all questions af- fecting his qualifications as an elector, submitted to him by the Registration Officer, which questions and his answers eee a 4 thereto shall be reduced to writing, certified by the said officer, and preserved as a part of his official records. 3. Section 21 ‘‘A person registered under the general registration of voters during the years nineteen hundred and two and nineteen hundred and three, or under the last section, shall have the right to vote for all officers elected by the people, subject to the following conditions: [fol.7] That unless exempted by section twenty-two, he shall as a prerequisite to the right to vote, personally pay, at least six months prior to the election, all State poll taxes assessed or assessable against him, under this Constitution, during the three years next preceding that in which he offers to vote. If he shall have registered after the first day of January, nineteen hundred and four, he shall, unless physically un- able, prepare and deposit his ballot without aid, on such printed form as the law may prescribe; but any voter registered prior to the date may be aided in the preparation of his ballot by such officer of election as he himself may designate.’’ 4. Section 38. ‘‘The Treasurer of each county and city shall, at least five months before each regular election, file with the clerk of the Circuit Court of his county, or of the corporation court of his city, a list of all persons in his county or city who have paid not later than six months prior to such election, the State poll taxes required by this Constitution during the three years next preceding that in which such election is held; which lists shall be arranged alphabetically, by magisterial districts in the counties, and in such manner as the General Assembly may direct in the cities shall state the white and colored persons sepa- rately, and shall be certified by the oath of the treasurer. The Clerk, within ten days from the receipt of the list shall make and certify a sufficient number of copies thereof, and shall deliver one copy for each voting place in his county or city, to the sheriff of the county or sergeant of the city, wnose duty it shall be to post one copy, without delay, at each of the voting places, and within ten days from the [fol. 8] receipt thereof, to make return on oath to the clerk, as to the places where and dated at which said copies were respectively posted, which return the clerk shall a ; record in a book kept in his office for the purpose; and he shall keep in his office, for public inspection, for at least sixty days after receiving the list, not less than ten cer- tified copies thereof, and also cause the list to be published in such other manner as may be prescribed by law. The original list returned by the treasurer shall be filed and preserved by the clerk among the public records of his office for at least five years after receiving the same. Within thirty days after the list has been posted, any person who shall have paid his capitation tax, but whose name is omitted from the certified list, may after five days written notice to the treasurer, apply to the circuit court of his county, or corporation court of his city, or to the judge thereof in vacation, to have the same corrected and his name entered thereon, which application the court or judge shall promptly hear and decide. The clerk shall deliver, or cause to be delivered, with the poll tax books, at a reasonable time before every elec- . tion, to one of the judges of election of each precinct of his county or city, a like certified copy of the list, which shall be conclusive evidence of the facts therein stated for the purpose of voting. The clerk shall also, within sixty days after the filing of the list by the treasurer, forward a certified copy thereof, with such corrections as may have been made by order of the court or judge, to the officer designated by law, who shall exchange the amount of the poll taxes stated therein to such treasurer unless previously accounted for. [fol.9] Further evidence of the prepayment of the capita- tion taxes required by this Constitution, as a prequisite to the right to register and vote, may be prescribed by law.’’ The Code of Virginia 1. Section 24-17. ‘‘Every citizen of the United States twenty-one years of age, who has been a resident of the State one year, of the county, city or town six months, and of the precinct in which he offers to vote thirty days next preceding the election, in which he offers to vote, has been duly registered, and has paid his poll taxes, as required by law, and is otherwise qualified, under the constitution and laws of this State, shall be entitled to vote for members of the General Assembly and all officers elective by the people. i ” a RMR en 6 Removal from one precinct to another in the same county, city or town, shall not deprive any person of his right. te vote in the precinct from which he has moved, until the. __ expiration of thirty days from such removal.”’ | 2. Section 24-22. ‘‘The qualification of voters at any. special election shall be such as are hereinbefore prescribed for voters at general elections, but at any such special elec- tion, held before the second Tuesday in June of any year, any person shall be qualified to vote who was so qualified at the last preceding regular November election, or who is otherwise qualified to vote, and has personally paid, at least six months prior to the second Tuesday in June of that year, all State poll taxes assessed or assessable against him during the three years next preceding that in which such special election is held, and at any such special election, held on or after the second Tuesday in June in any year, any person shall be qualified to vote who is or was qualified © [fol. 10] to vote at the regular election held on the Tuesday after the first Monday in November of that year. The ‘*special election’’ as used in this section shall be deemed to : include such elections as are held in pursuance of any special law, and also such as held to fill a vacancy in any office, whether the same be filled by the qualified voters of the State, or any county, city, magisterial district or ward.’’ 3. Section 24-67. Each registrar shall register every citi- zen of the United States, of his election district, who shall apply to be registered at the time and in the manner re- quired by law, who shall be twenty-one years of age at the next election, who has been a resident of the state one year, of the county, city or town six months, and of the precinct in which he offers to register thirty days next. preceding has paid to the proper officer all State poll taxes asdeened or assessable against him for three years next preceding such election, or if he come of age at such time that no poll taxes shall be assessable against him for the year preced- ing the year in which he offers to register, has paid one dollar and fifty cents in satification of the first years poll tax assessable against him.’’ 7. Defendants and their agents have and will strickly en- force payment of the poll tax as a prerequisite to voting. 8. The subject laws recognize that payment of a poll tax \ 7 penalty works a hardship on those citizens without financial means by exempting widows of Confederate Soldiers (Sec- tion 22 of the Virginia Constitution), and by providing that the poll tax penalty shall not constitute a lien and can- not be collected save when a citizen wishes to vote (Section 173, the Constitution of Virginia). fol.11] 9. A prime purpose and design of the Virginia ws requiring the payment of a poll tax penalty to vote, is to u. validate the protections of citizenship provided under the United States Constitution, especially the Fourteenth Amendment thereof. 10. The laws requiring the payment of the poll tax pen- alty to vote deny your Plaintiff the right of petition, redress and freedom of speech under the First Amendment to the United States Constitution. 11. The laws requiring the payment of the poll tax pen- alty to vote deny to Plaintiff the equal protection of the laws, and deprive her of liberty and property without due process of law under the Fourteenth Amendment to the United States Constitution in that those citizens of financial means are afforded a right which is denied to the Plaintiff solely because she is without financial means. 12. The effect of poll tax is to prevent a substantial num- ber of otherwise eligible citizens of the Commonwealth of Virginia from voting in elections of the Commonwealth and the political subdivisions thereof, and to inhibit in a sub- stantial way the participation in elections of many of the citizens who possess all the other qualifications but, be- cause of their economic class, are prevented from fulfilling their duty as citizens to exercise their right to vote and to participate in the political life of the Commonwealth. For a Second Claim 13. The laws attacked in this action have clearly indi- cated that racial discrimination is one prime purpose of the poll tax laws by insisting that the poll tax payment list be segregated by race (The Constitution of Virginia, Section 38), and by providing punishment and fines for those officials who do not racially segregate the poll tax payments (Sec- tion 24-126; Code of Virginia, 1950 Amended). (fol. 12] 14. The laws requiring the payment of the poll tax penalty to vote violate the Thirteenth Amendment to the 8 United States Constitucion in that it burdens your Plaintiff with one of the badges of slavery, arbitrary denial of the right to participate in gover. ment. 15. These laws are further discriminatory within the pro- hibition of the Fourteenth Amenament because they provide that the revenue derived the pol) tax shall be used for the public schools of Virginia, which are required by the Vir- ginia Constitution to be segresated, this being a clearly illega! and unconstitutional purpose. 16. The said laws alse violate the Fifteenth Amendment, which guarantees to citizens freedom from denial or abridg- ment to the right to vote on account of race, color or pre- vious conditiou of servitude. 17. A. Uniess this Honorable Court act at once, your Plaintiff and the thousands of her class will be denied their right to participate in every special election, and the elec- tion for councilman to be held in the City of Norfolk, Vir- ginia in June of 1964. B. The Plaintiff and her class are without any remedy or relief at law, and they are suffering and will continue to suffer irreparable and immediate injury of the first magnitude. Wherefore, your Plaintiff prays that this Honorable Court will: 1. Immediately convene a Three-Judge District Court. 2. Issue a declaratory judgment finding the subject laws to be null and void. 3. Issue—after hearing of this action—a permanent in- junction against enforcement of the subject laws, and 4. Issue such other and further orders as to this Honor- able Court shall seem just and meet. Mrs. Evelyn Butts, By J. A. Jordan, Jr., Counsel. [fol.13] Duly sworn to by Mrs. Evelyn Butts, jurat omitted in printing. — [fol. 14] [File endorsement omitted] Iv tHe Unirep States District Court, Eastern District or Vircin1a, Norrotk Drvision Civil Action No. 3346 [Title omitted] Orpver Grantinc Leave to Proceep in ForMa Paureris— May 19, 1964 Upon the motion of the plaintiff for leave to file this action without the payment of fees and costs, or the giving of security as may be otherwise required. It is Ordered that the motion be granted, and the Clerk of this Court is directed to receive and file the petition in this action without the payment of fees and costs; and fur- ther, to proceed with service upon the named defendants. John D. Butzner, Jr., District Judge, May 19, 1964. —————_——_ [fol. 15] [File endorsement omitted] In tHe Unirep States District Court FOR THE FiASTERN District or Virernta, Norroik Drvision Civil Action No. 3346 [Title omitted] DEsIGNATION oF A THREE-JUDGE Court—May 25, 1964 It appearing to the undersigned Chief J udge of the Fourth Judicial Circuit of the United States that a civil action as above entitled has been instituted in the United States District Court for the Eastern District of Virginia by the plaintiff seeking a declaration that the constitutional and statutory provisions of the Commonwealth of Virginia requiring the payment of a poll tax as a qualification for the right to vote be declared in violation of the Constitu- a tion of the United States and void, and that the defendants be enjoined from denying the plaintiff the right to vote solely by reason of her failure to pay a poll tax; and the Honorable John D. Butzner, Jr., United States District Judge for the Eastern District of Virginia, to whom application for said relief was made, having notified the undersigned of the pendency of said action, to the end that a court of three judges may be constituted, pursuant to sec- tions 2281 and 2284 of Title 28, United States Code; Now, therefore, I do hereby designate the Honorable Albert V. Bryan, United States Circuit Judge, Fourth Judi- cial Circuit, and the Honorable Oren R. Lewis, United States [fol. 16] District Judge for the Eastern District of Virginia, to serve with the Honorable John D. Butzner, Jr., as a Dis- trict Court of three judges as provided by section 2284 of Title 28, United States Code, in the hearing and determina- tion of this action. This 25th day of May, 1964. Simon E. Sobeloff, Chief Judge, Fourth Circuit. 10 [fol. 17] [File endorsement omitted] In tHE Unitep States District Court ror THE EASTERN District or Vireinia, Norroik Division Civil Action No. 3346 [Title omitted] Answer or Miss Mary Duptey, Crry Treasurer, ALEx H. Beti, Crry Treasurer, and Wituiam Prizur, CLERK oF Corporation Court or THE City or Norrotk—filed May 28, 1964. These defendants for their answer to the Complaint filed against them answer and say: 1. That said complaint fails to state a claim against them upon which relief can be granted. 2. That their respective duties are prescribed by the Con- ———— 11 stitution and Laws of the State of Virginia, which are valid and which they comply with in the performance of their duties. 3. That they are advised that pleadings will be filed in opposition to said complaint on behalf of the other defend. ant by the Attorney General of Virginia, and that they hereby adopt the same as a part of this answer in so far as the same may be material to the duties of their offices. 4. Wherefore they pray that this complaint may be dis- missed as to them. Alfred W. Whitehurst, Commonwealth’s Attorney for the City of Norfolk, Virginia. CERTIFICATE OF Service (omitted in printing.) ___ [fol. 18] [File endorsement omitted ] In tHe Unitep Srates District Court ror THE EasTERNX District oF VIRGINIA AT ALEXANDRIA Civil Action No. 3253, Alexandria Division Annie E. Harprr, et al, Plaintiffs, v. VircInta State Boarp or Exxctions, et al, Defendants Civil Action No. 4658, Norfolk Division Mrs. Evetyn Butts, Plaintiff, Vv. ALBeRTIS Harrison, Governor, et al, Defendants Pre-TrraL Orper—June 2, 1964 It appearing to the Court that common questions of law and fact are pending in these actions and that the con- venience of the parties and the Court dictates that they should be the subject of a joint hearing and trial; it is —_ none nena 12 questions of law and fact may exist, are consolidated. {fol.19] The Clerk is directed to transfer the file in Butts v. Harrison, et al, Norfolk Civil Action No. 4658, to ' the Alexandria Division of this Court and all pleadings, motions, requests for subpoenas, etc., shall hereafter be j , filed in the Alexandria Division. | With respect to Butts v. Harrison, et al, Norfolk Civil Action No. 4658: (a) The defendanis are directed to file their respective answers if not already filed, together with such additional pleadings as they deem proper, on or before June 22, 1964. (b) The taking of pre-trial depositions, the filing of interrogatories, requests for admissions and other pre- trial procedures should be concluded on or before July 20, 1964. No additional motions, other pleadings or further pre-trial procedures may be filed or indulged in after July 20, 1964 except by leave of Court for good cause shown. (c) All proposed exhibits and names and addresses of | all witnesses who may be called to testify shall be filed | with the Clerk of this Court in Alexandria on or before August 1, 1964. If the exhibits are voluminous they shall be marked by the Clerk at least two days prior to the date [fol. 20] of trial. Formal proof of exhibits will be deemed waived unless objected to in writing seven days prior to the date of trial. Copies of all exhibits, lists of witnesses and briefs should be mailed to all parties of record and the members of the three-judge court at their respective ad- dresses. (d) Hearing on all motions unless otherwise ordered by the Court will be deferred until the date of the hearing on the merits. (e) Plaintiffs’ briefs should be filed on or before August 7, 1964. Defendants’ briefs should be filed on or before September 1, 1964. Plaintiffs’ reply briefs, if any, should be filed on or before September 10, 1964. Ordered that these actions, to the extent that common E The plaintiffs and the defendants in these consolidated actions may submit their respective briefs jointly if they be so advised. These actions wil! be heard upon the merits and upon all motions in the United States District Court, Post Of- 13 fice Building, Alexandria, Virginia, at a date to be deter- mined by the Court. Let the Clerk at Norfolk forward copies of this order to all counsel of record in Norfolk Civil Action No. A658, {fol. 21] and the Clerk at Alexandria forward copies of this order to all counsel of record in Alexandria Civil Action No. 3253. John D. Butzner, Jr., United States District J udge. June 2, 1964 14 [fol. 22] [File endorsement omitted] In tHe Unitep States District Court ror THE Eastern District or Virernia, Norro.tx Drvision Civil Action No. 3346 [Title omitted] Motion or DerenpaNT ALBERTIS Harrison To Dismiss—-Filed June 8, 1964 Now comes the defendant, Albertis Harrison, aka Albertis S. Harrison, Jr., Governor of the Commonwealth of Vir- ginia, by counsel, and moves the Court to dismiss this ac- tion for the following reasons: 1. The plaintiff lacks the capacity and standing to bring this suit; 2. The Court lacks jurisdiction over the persons and over the subject matter; 3. The complaint fails to state a claim upon which relief can be granted. This Motion is based upon the pleadings and upon the exhibits to be filed in this action and upon the authorities attached hereto. Albertis Harrison, Aka Albertis 8S. Harrison, Jr., Governor of the Commonwealth of Virginia, By: Richard N. Harris, Of Counsel. (fol. 23] Robert Y. Button, Attorney General of Virginia, Supreme Court—State Library Building, Richmond, Vir- ginia 23219, Richard N. Harris, Assistant Attorney General, Drawer 1395, Richmond, Virginia 23211. CERTIFICATE OF SeRvice, (omitted in printing.) 15 [fol. 24] Authorities Relied upon in Support of this Motion: CoNSTITUTIONAL Provisions: Constitution of Virginia, Sections 23, 173 Statutory Provisions: Title 24, Code of Virginia, 1950, as amended FeperaL Ruues or Civ, Procepure: Rule 12 CasEs : Opinion of the Justices to the Senate, 28 Mass. 538, 11 Pick. 538 (1832) Opinion of the Justices to the House, 7 Me. 497 (1831) Alleghany County v. City of Pittsburgh, 281 Pa. 300, 127 A. 724 (1924) Estate of Hoffen, 70 Wis. 522, 36 N.W. 407 (1888) Lee County v. Lackie, 30 Ark. 764 (1875) Hutchings v. Thompson, 10 Cush. 238 (Mass, 1852) Breedlove v. Suttles, 302 U.S. 277, 58 S.Ct. 205, 82 L.Ed. 252 (1937) Butler v. Thompson, 97 F. Supp. 17 (E.D. Va. 1951), aff’md per curiam 341 U.S. 987, 71 S.Ct. 1002, 95 L.Ed. 919 Saunders v. Wilkins, 152 F. 24 235 (4th Cir. 1945), cert. den. 328 U.S. 870, 66 S.Ct. 1362, 90 L.Ed. 1640 Pirtle v. Brown, 118 F. 2d 218 (6th Cir. 1941), cert. den. 314 U.S. 621, 62 S.Ct. 64, 86 L.Ed. 499 (fol. 25] Wheeler v. State, 219 Miss. 129, 63 So. 2d 517 (1953) app. dism’d. and cert. den. 346 U.S. 852, 74 S.Ct. 67, 98 L.Ed. 367, reh. den. 346 U.S. 905, 74 S.Ct. 216, 98 L.Ed. 404. Thomas v. Chamberlain, 143 F. Supp. 671 (E. D. Tenn. 1955), affm’d. per curiam 236 F. 2d 417. Hewitt v. City of Jacksonville, 188 F. 2d 423 (5th Cir. 1951) cert. den. 342 U.S. 835, 72 S.Ct. 58, 96 L.Ed. 631 Forssenius v. Harman, et al and H. enderson v. Harman, et al Civil Actions Nos. 3897 and 3898, U.S.D.C. ED Va., Rich- mond, Opinion of May 29, 1964. 16 (fol. 26] In toe Unitep States District Court ror THE Eastern District or Vircinia, NorFoLK, VIRGINIA [Title omitted] Puarntirr’s INTERROGATORIES ADDRESSED TO DEFENDANT Ausertis Harrison—-Filed June 19, 1964 To the Above Named Defendant Albertis Harrison, Gover- nor of the Commonwealth of Virginia: The Plaintiff requests that the following interrogatories be answered under oath by you or any of your subordinates competent to testify on your behalf who know the facts about which inquiry is made, or who have under their control the records containing such facts, and that the answers be served on Plaintiff within 15 days from the time these interroga- tories are served on you. Interrogatory No. 1. State number of Negro citizens and white citizens over the age of twenty-one in the Com- monwealth of Virginia, county by county and city by city for the years 1959 through 1963. (a) If such records are not kept yearly, state the re- quested figures for each and every time such records were compiled during the years referred to. (b) State the sources from which you obtained such figures. {fol.27] Interrogatory No. 2. State for the years 1940 through 1963 the number of white registered voters and the number of Negro registered voters in each of the counties and cities referred to in your Answers to Interrogatory No. 1. (a) If such records are not kept yearly, then state the requested figures for the periods during which such records were kept during the years referred to. (b) State also the number of white citizens and the number of Negro citizens who actually paid their poll tax during said years or other periods. —. oe SS amen 17 (c) State the number of white citizens and the number of Negro citizens who actually voted during said years or other periods. Interrogatory No. 3. Were separate lists of registered voters qualified to vote segregated by race and denominated ‘‘white’’ and ‘‘eolored”’ filed by the treasurers of the vari- ous political subdivisions of the Commonwealth of Virginia and furnished its electoral officials? (a) Of what use and of what importance are such sepa- rate lists? Interrogatory No. 4. Is a capitation tax in the amount of $1.50 per annum assessed against every resident not less than 21 years of age, as provided in Section 173 of the Con- stitution of the Commonwealth of Virginia? (a) Year by year since 1954, how much has been col- lected? (b) In each year, what percentage has this amount been of the total revenue of the Commonwealth of Virginia? (c) In each year, what percentage has the amount of the poll tax which has gone into the school fund been of the total schovl budget of the Common- wealth of Virginia? Interrogatory No. 5. Pursuant to Sections 135 and 173 of the Constitution of the Commonwealth of Virginia, is that portion of the capitation tax paid into the State Treasury and not returnable to Counties and Cities applied exclu- sively in aid of public free schools? Interrogatory No. 6. In the years of 1959, 1960, 1961, 1962 and 1963 how many were exempted from the payment of the capitation tax? (a) How many are pensioned for military service? (b) Were there any other groups or classes which were exempted from the capitation tax during these years? (c) If the answer to subdivision (b) is ‘*Yes’’, name these groups or classes. ©) en nee on TREES BO on 4 29 SUL ON ee ROA A TIS eS ADRAC IM es oo SS 18 (d) How many persons were in each named group or class? (fol. 28] Interrogatory No.7. In keeping with the Consti- tution of the Commonwealth of Virginia Article IX Section 140, is it still the State policy of said Commonwealth to op- pose the education of white and colored children in the same school? (a) Does the State Treasurer of the Commonwealth of Virginia transmit a portion of the capitation tax to a local school district or other governmental sub- division which maintains a racially segregated school? (b) Name any such other governmental subdivision. Interrogatory No. 8. State from the records kept since 1954 relating to state assistance to the needy, whether through old age assistance programs or welfare programs, year by year, county by county and city by city, the num- ber of white persons and colored persons over the age of 21 who have received such aid. (a) Were any of the above persons disqualified from voting because they were paupers? (b) If the answer to (a) is ‘‘Yes’’, state how many. (c) Were any of the above persons disqualified from voting because they were unable to pay the capita- tion tax? (d) If the answer to (c) is ‘‘Yes’’, state how many. (e) Have the public assistance programs as described above ever included in the recipient’s budget a sum of money for the purpose of paying the capi- tation tax? Interrogatory No. 9. State for each of the years 1950 through 1963 the total number of persons who received un- employment compensation. (a) State the number of them who were white. (b) State the number who were colored. (c) State the various amounts of weekly benefits paid. (d) State the number of persons who received such amounts. 19 Interrogatory No. 10. State for each of the years 1959 through 1963, the total number of individual bankruptcies filed in the Federal Courts in Virginia, if you have such in- formation within your control. Interrogatory No. 11. State for each of the years 1959 through 1963 the total number of persons who received social security benefits, if you have such information within your control. (a) State the aumber of whiie people receiving such benefits in each of said years. (b) State the number of colored people receiving such benefits in each of said years. [fol.29] Interrogatory No. 12. State for the years 1860 and 1865 the number of slaves in the Commonwealth of Vir- ginia. (a) Give the number of white slaves in each of said years. (b) Give the number of colored slaves in each of said years. (c) Give the number of colored freedmen in each of said years. Interrogatory No. 13. For any purpose, does the Com- monwealth of Virginia compile its own cost of living index or adopt the figures of any federal agency? (a) If the answer is ‘‘Yes’’, state the name and address of the publishers of such information. (b) What figures did the office of the Governor and other state agencies use as the family income figure for a subsistence living in the years 1959 through 1963? Interrogatory No. 14. State the compiled statistics for each of the years from 1959 through 1963 showing the total number of persons in the Commonwealth of Virginia who received Federal Veteran benefits, if such information is available. (a) State the total number of white recipients. (b) State the total number of colored recipients. - A ROS Pe ee (c) If you do not have such information within your control, state where it can be obtained. Interrogatory No. 15. Has the Federal Internal Revenue Service ever furnished any department of the Common- wealth of Virginia a statistical survey showing the income of residents of the Commonwealth? (a) If so, please attach a copy. Interrogatory No. 16. For each of the years 1959 through 1963 state the total number of persons in the labor force of the Commonwealth of Virginia. (a) State the number of unemployed colored paren for each of such years. (b) State the number of unemployed white persons ior each of such years. (c) State the number of white persons employed by the State, County and Municipal eeeranen for each of said years. (d) State the number of colored persons employed by the State, County and Municipal governments for each of said years. {fol. 30] Interrogatory No. 17. State the total number of persons enrolled in all educational institutions above high school level in the Commonwealth of Virginia. (a) State the number of white persons so enrolled. (b) State the number of colored persons so enrolled. (c) State the same statistics for State supported or aided institutions. (d) State the number of white persons in each of the professional schools or colleges of the Common- wealth of Virginia. (e) State the number of colored persons in each of the professional schools or colleges of the Common- wealth. Interrogatory No. 18. The Federal Census of 1960 shows the number of Virginia residents in various income brackets. Does any State agency have similar figures on a County and City basis? 21 (a) If so, please furnish such information for the year 1959 (b) State the source of such figures. Interrogatory No. 19. Does the Commonwealth of Vir- ginia compile statistics similar to those contained in the Federal Census figures? (a) Does it utilize the published results of the Federal Census? (b) Does it accept them as being the most accurate figures available? Interrogatory No. 20. In the case of any of the above in- terrogatories, if you were unable to answer the question be- cause you do not have the information requested please state where such information is available. (a) Please state the source for all information which you supply, even though not specifically requested in the particular interrogatory involved. Respectfully submitted, /s/ J. A. Jordan, Jr., Counsel for Plaintiff, 1228 Virginia Beach Boule- vard, Norfolk, Virginia. Dated: June 18, 1964. CeRtiFicaTe or Service, (omitted in printing.) URC 22 [fol. 31] [File endorsement omitted] In tHe Unitep States District Court rok THE EASTERN District or VIRGINIA, AT ALEXANDRIA [Title omitted] ANSWER OF THE DEFENDANT, ALBERTIS Harrison, GovERNOR— Filed June 22, 1964. First Defense The complaint fails to state a claim against defendants upon which relief can be granted. Second Defense The plaintiff has no right to bring this suit in forma pauperis. Third Defense In the alternative, this defendant alleges and avers that the plaintiff lacks the capacity and standing to bring this suit. Fourth Defense This Court lacks jurisdiction over the persons and over the subject matter of this action. [{fol. 32] Fifth Defense 1. This defendant denies that this Court has jurisdiction under any of the amendments, titles or code sections cited in paragraph 1 of the complaint. 2. This defendant is without information sufficient to form a belief as to the truth or falsity of the averments of para- graph 2 of the complaint. 3. With reference to the averments in paragraph 3 of the complaint, said defendant (a) admits that Albertis Harrison is the Governor of the Commonwealth of Virginia, its Chief Executive and Administrative Officer, whose duty it is to admin- ister and require the administration of the laws of the i 6 gone ee 23 Commonwealth, but denies the remaining averments concerning Albertis Harrison ; (b) admits that Miss Mary Dudley is the Registrar for the City of N orfolk, Virginia, whose duty it is to record and maintain certain records, but denies the remaining averments concerning Miss Mary Dudley; (c) admits that Alex H. Bell is the Treasurer for the City of Norfolk, Virginia, whose duties include the collection of certain taxes, the preparation of certain tax payment lists and the providing of the same lists to the Clerk of the Corporation Court, but denies the remaining averments concerning Alex H. Bell; (fol. 33] (d) admits that William Prieur is the Clerk of the Corporation Court of the City of Norfolk, Vir- ginia, whose duties include making and certifying copies of certain lists received from the Treasurer for use by certain election officials, but denies the remaining aver- ments concerning William Prieur. 4. This defendant is without information sufficient to form a belief as to the truth or falsity of the averments of paragraph 4 of the complaint. 5. This defendant denies that the plaintiff is entitled to bring this action under Rule 23 (a) of the Federal Rules of Civil Procedure, as averred in paragraph 5 of the complaint. Further, this defendant alleges that the remainder of para- graph 5 does not require an answer. 6. This defendant is without information sufficient to form a belief as to the truth or falsity of the averments, down to the colon, in the first paragraph of paragraph 6 of the complaint. With reference to the remainder of para- graph 6, this defendant admits that the plaintiff attempts to set forth therein various provisions of the Constitution and Code of Virginia, but denies that the purported quota- tions of the designated portions thereof are completely ac- curate. Further, this defendant avers that Sections 18, 20, 21, and 38 of the Constitution of Virginia and Sections 24- 17, 24-22, and 24-67 of the Code of Virginia speak for them- selves and, therefore, the remaining averments, if any, of paragraph 6 do not require an answer. (fol. 34] 7. With reference to the averments of paragraph 7 of the complaint, this defendant admits that as Governor 24 it is his duty and responsibility to enforce the laws of the Commonwealth, but states that he is without information sufficient to form a belief as to the truth or falsity of the remaining averments in said paragraph. 8. This defendant denies the averments of paragraphs 8, 9, 10, 11, 12, 12, 14, 15, 16, 17 A, and 17 B of the complaint. Wherefore, said defendant demands that this Court re- fuse to grant any of the prayers of the plaintiff and further demands that this action against the named defendants be dismissed with costs and counsel fees herein incurred paid by the plaintiff. Albertis Harrison, aka Albertis S. Harrison, Jr., Governor of the Commonwealth of Virginia, By: /s/ Richard N. Harris, Of counsel. Robert Y. Button, Attorney General of Virginia, Supreme Court—State Library Building, Richmond, Virginia 23219, Richard N. Harris, Assistant Attorney General, Drawer 1395, Richmond, Virginia 23211. ifol.35] Crrriricate or Service, (omitted in printing.) {fol. 36] [File endorsement omitted] In tHe Unrrep States District Court FoR THE FiASTERN District oF VIRGINIA, AT ALEXANDRIA [Title omitted] Motion or DEFENDANT ALBERTIS Harrison OBJECTING TO InTeRRoGATORIES—Filed June 26, 1964, Now comes the defendant, Albertis Harrison, Governor, Commonwealth of Virginia, by counsel, in the above styled cause and makes the following objections to the written in- terrogatories served herein by the plaintiff: 25 1. All the interrogatories propounded are objected to on the ground that obtaining the answers thereto will require an excessive and oppressive amount of investi- gation, compilation, collation and analysis of great masses of material, all of which will be expensive and excessively time consuming for this defendant ; that the information sought is all a matter of public record to which records the plaintiff has access and the burden and effort of gathering it should fall on the plaintiff, not on the defendants; that, in blunt terms, the de- (fol. 37] fendants are being asked to prepare the plain- tiff’s case for her and provide her with a convenient means of introducing her evidence and this they cannot be compelled to do, and that for these reasons these interrogatories are a calculated annoyance and oppres- sion of the defendants. 2. All the interrogatories propounded except Nos. 4 and 5 are objected to on the ground that they are not relevant or material to the subject matter of this action. Oral argument on this motion is requested. Wherefore, this defendant moves this Court for an order striking out said interrogatories and excusing him from answering them. Albertis Harrison, aka Albertis S. Harrison, Jr., Governor of the Commonwealth of Virginia, By /s/ Richard N. Harris, Of Counsel. Dated: 25 June, 1964. Robert Y. Button, Attorney General of Virginia, Supreme Court Building, Richmond, Virginia 23219, Richard N. Harris, Assistant Attorney General, Drawer 1395, Rich- mond, Virginia 23211, Of Counsel. [fol. 38] CERTIEICATE oF SERVICE, (omitted in printing. ) 26 [fol. 39] [File endorsement omitted] In tHe Unirep States District Court rok THE EASTERN District or Vircinis, AT ALEXANDRIA [Title omitted] Notice or Motion To: Joseph A. Jordan, Jr., Esquire, Attorney at Law, 1228 Virginia Beach Boulevard, Norfolk 4, Virginia. Len W. Holt, Esquire, 250 Nicholson, N.E., Washington 11, D. C. Max Dean, Esquire, Robert L. Segar, Esquire, 804 Detroit Street, Flint, Michigan. Please take notice that at the earliest practicable time set by the Court at which counsel may be heard, the under- signed will move this Court at the United States Post Office Building, Alexandria, Virginia, to hear the attached objec- tions to the interrogatories served on him by you. /s/ Richard N. Harris, Assistant Attorney General Of Counsel for the Defendant, Albertis Harrison, Governor. Dated: 25 June, 1964. [fol.40] Robert Y. Button, Attorney General of Virginia, Supreme Court Building, Richmond, Virginia 23219, Rich- ard N. Harris, Assistant Attorney General, Drawer 1395, Richmond, Virginia 23211. CERTIFICATE OF SERVICE, (omitted in printing.) epee 27 [fol. 41] [File endorsement omitted] In THE Unrrep States District Court ror THE EAsTeRN District or Vircinia at ALEXANDRIA Civil Action No. 3253, Alexandria Division Arnie E. Hanprr, et al, Plaintiffs, v. Vireinia Stare Boarp or Etections, et al, Defendants Civil Action No. 3346, Norfolk Division Mrs. Evetyn Burts, Plaintiff, v. ALBERTIS Harrison, Governor, et al, Defendants DEFENDANTS’ STATEMENT OF EXHIBITS AND Witnesses—Filed June 29, 1964. The defendants in the above styled actions come by coun- sel and state that they intend to introduce the following ex- hibits : 1. 1961 Report of the United States Commission on Civil Rights, Vol. 1, Voting; s2e p. 22. Oct. 21, 1946, admitted. 2. Copy of p. 118 of the 1959 Report of ihe United States Commission on Civil Rights. Oct. 21, 1964, admitted. 3. Report of the Comptroller to the Governor of Vir- ginia for fiscal year ended June 30, 1963. See pp. 17 and 233. Oct. 21, 1964, admitted. [fols. 42-43] These defendants expect to call no witnesses on their behalf. Virginia State Board of Elections, et al and Albertis Harrison, Governor, et al, By /8/ Richard N. Har- ris, Of Counsel. Dated: 26 June, 1964. 28 Robert Y. Button, Attorney General of Virginia, Supreme Court Building, Richmond, Virginia 23219, Richard N. Har- ris, Assistant Attorney General, Drawer 1395, Kichmond, Virginia 23211. OurtiricaTe or Service, (omitted in printing.) [fol. 44] [File endorsement omitted] In tHe Unrrep Srates District Court ror THE KAsTERN District or Vircinia AT ALEXANDRIA [Title omitted] Answers To INTERROGATORIES BY ALBERTIS HaRRIsoN— Filed July 23, 1964. To: Joseph A. Jordan, Jr., Esquire, 1228 Virginia Beach Boulevard, Norfolk 4, Virginia. Len W. Holt, Esquire, 250 Nicholson, N. E., Washing- ton 11, D.C. Max Dean, Esquire, Robert L. Segar, Esquire, 804 Detroit Street, Flint, Michigan. The following are the answers of the defendant, Gover- nor, to those interrogatories directed to the defendant by the plaintiff pursuant to Rule 33, which the defendant was required to answer by order of this Court of July 9, 1964. Answer to Interrogatory No. 1: The specific information requested is not available, not having been compiled. (a) See answer above. Answer to Interrogatory No. 2: Attached are the follow- ing: [fol.45] Exhibit 1—Estimated number of Registered Voters in Virginia as of April, 1964. Exhibit 2—Estimated number of Registered Voters in Virginia as of April, 1963 Exhibit 3—Estimated number of Registered Voters in Virginia as of April, 1962. (a) See answer above. (b) The information requested is not available, not having been compiled. (c) The information requested is not available, not having been compiled. Answer to Interrogatory No. 4: (a) For fiscal year ended June 30, 1963 : $1,837,646.47. For fiscal year ended June 30, 1962: $1,709,612.01. For fiscal year ended June 30, 1961: $1,697,721.82. (b) For fiscal year ended June 30, 1963: 25%. For fiscal year ended June 30, 1962: 26%. For fiscal year ended June 30, 1961: 28%. (c) The information requested is not available, not having been compiled. Answer to Interrogatory No. 6: The information re- quested is not available, not having been compiled. (a) Same as answer above. (b) Same as answer above. (c) Same as answer above. (d) Same as answer above. (fol. 46] Answer to Interrogatory No. 8: The information requested is not available, not having been compiled. (a) Same as answer above. (b) Same as answer above. (c) Same as answer above. (d) Recipients are granted specific sums of money, but no designation is made as to the use to which spe- cific portions thereof are to be put. Answer to Interrogatory No. 9: 1963—56,036 1962—60,485 1961—83,901 (a) The information requested is not available. (b) The information requested is not available. (c) and (d) 1963—See Exhibit 4, attached. 1962—See Exhibit 5, attached. 1961—See Exhibit 6, attached. Answer to Interrogatory No. 13: When needed, the figures of the Federal government are used. The Commonwealth does not compile such information. The figures used when needed are the cost of living indices for the entire United States. They are national averages. (a) Bureau of Labor Statistics, Department of Labor, Washington, D. C. (b) No such figures as described are used by the office of the Governor or agencies of the Commonwealth. [fol.47] Answer to Interrogatory No. 16: 1963—1,513,700 1962—1,482,350 1961—1,457,150 (a) The information requested is not available. (b) The information requested is not available. (c) The information requested is not available. (d) The information requested is not available. Answer to Interrogatory No. 17: The information re- quested is not available, not having been compiled. How- ever, listed below are those figures which are compiled by the Commonwealth. This by no means includes the ‘‘total number of persons enrolled in all educational institutions above high school level in the Commonwealth.’’ No figures are available on private institutions not of the college or university type, such as vocational, business, cosmetology, mechanical, barbering, etc. Also these figures do not in- clude many adult night enrollments in both public and pri- vate institutions, or other adult education programs oper- ated by various educational institutions. State colleges and universities—estimate as “of Fall 1963—41,108. Private colleges and universities—estimate as of Fall 1963—18,000. Area Vocational Technical Schools (State)—estimate as of June 1, 1964—2,180. ——— nara 31 [fol.48] (a) The information requested is not avail- able, not having been complied. (b) The information requested is not available, not having been compiled. (c) The information requested is not available, not having been compiled. (d) The information requested is not available, not having been compiled. (e) The information requested is not available, not having been compiled. Answer to Interrogatory No. 18: No. (a) See answer above. (b) See answer above. Answer to Interrogatory No. 19: No. However, from time to time fragmentary figures are compiled by the Bureau of Population and Economic Research, University of Virginia. This organization is in no way related to the government of the Commonwealth, being primarily a research group under the administration of the University. (a) Yes, the Governor’s office does. Whether this is true of all agencies of the Commonwealth is un- known. (b) Yes, the Governor’s office does. Whether this is true of all agencies of the Commonwealth is un- known. [fol. 49-50] Subscribed and sworn to by me this 22nd day of July, 1964, /8/ Richard N. Harris, Assistant Attorney General, Commonwealth of Virginia. Duly sworn to by Richard N. Harris, jurat omitted in printing. CerTIFICATE OF Service [omitted in printing. ] 32 [{fol. 51] [File endorsement omitted] In tHe Unrrep States District Court ror THE EASTERN District or Vircinta, aT ALEXANDRIA [Title omitted] PuarntirF’s STATEMENT oF Exurisrts anp WitnessEs— Filed July 30, 1964. Now Comes the Plaintiff in the above entitled caus¢, by counsel, and states that she intends to introduce into evi- dence the following exhibits and to call the following wit- nesses : Witnesses (1) Mrs. Evelyn Butts, 1070 Kennedy Street, Norfolk 13, Virginia (2) Professor Frederic D. Ogden, Department of Po- litical Science, Eastern Kentucky State College, Richmond, Kentucky. (3) Mr. John Brooks, 404142 North Second Street, Richmond, Virginia. (4) Mr. Arthur T. Freeman, 7903 Greenleaf Drive, Norfolk, Virginia. {fol.52] (5) Honorable Moses A. Riddick, Board of Supervisors, 2333 Norfolk Road, Suffolk, Virginia. (6) Mr. Joseph Speller, 6418 Sedgefield Drive, Norfolk, Virginia. Exhibits A. 1960 Census of Population, Vol. I: Characteristics of the Population, Part 48—Virginia (Published by United States Department of Commerce, Bureau of the Census). See, especially, Tables 16 and 65-69. Oct. 21, 1964, admitted. B. Typed text of pages 110 and 111 of 1961 Report of the United States Commission on Civil Rights. (Defend- ants’ Exhibit 1). Oct. 21, 1964, admitted. C. Copy of Page 36, U.S. News and World Report, Janu- ary 20, 1964. Oct. 21, 1964, admitted. D. Copy of page 407, The Economist, February 1, 1964. Oct. 21, 1964, admitted. 33 E. Statistical Abstracts of the United States, 1963—Pub- lished by United States Department of Commerce, Bureau of the Census; E(1) p. 273 (Veteran’s Bene- fits); E(2) p. 285 (Federal Grants); E(3) pp. 292-3 (Social Insurance and Welfare); E(4) pp. 301-2 (Unemployment Insurance) ; E(5) p. 304 (Workmen’s Compensation) ; E(6) pp. 307-8 (Public Assistance) ; K(7) p. 313 (Disabled Persons) ; E(8) pp. 370-3 (Elec- tions); E(9) p. 379 (Elections). Oct. 21, 1964 Ad- mitted. F’. Report of the proceedings and debates of the Consti- tutional Convention of the State of Virginia, held in the City of Richmond, June 12 to June 26, 1902, the Hermitage Press Inc: Copies of pages 20 (Mr. Goode) ; 293 (Mr. Carter Glass) ; 2960-2 (Mr. Thom) ; 2967-9 (Mr. Thom) ; 2971-3 (Mr. Thom) ; 2998-9 (Mr. Mcil- waine); 3002 (Mr. Mcilwaine); 3014-5 (Mr. Duna- way) ; 3061-2 (Mr. R. L. Gordon ; 3076-7 (Mr. Carter Glass). Oct. 21, 1964, Admitted. G. Annual Report of the Director, 1963, Administrative Office of the United States Courts, Table F1, p. 1. Oct. 21, 1964, Admitted. H. Annual Report of the Director, 1962, Administrative Office of the United States Courts, Table F1, p. 1. Oct. 21, 1964, Admitted. I. Economic Report of the President transmitted to the Congress January, 1964 together with the Annual Re- port of the Council of Economie Advisors, U. 8. Gov- ernment Printing Office, Washington; and copies of pages 55-9. Oct. 21, 1964, Admitted. Ia. Economie Report of the President—January, 1964. Oct. 21, 1964, Admitted. I certify that a true copy of the foregoing pleading was delivered to all counsel of record this 30th day of July 1964. /8/ J. A. Jordan, Jr., 1228 Virginia Beach Boule- vard Norfolk, Virginia, Len W. Holt, 250 Nichol- son, N.E., Washington 11, D.C. J. A. Jordan, Jr., Robert L. Segar and Max Dean, Leit- son, Dean, Dean & Abram, 804 Detroit Street, Flint, Michi- gan. 34 [fol. 53] [File endorsement omitted] In THE Unrrep States District Court ror THE EASTERN District oF VIRGINIA AT ALEXANDRIA Civil Action No. 3346, Norfolk Division [Title omitted] PuLatntirF’s Request For ADMISSION oF Facts AND GENUINE- nEss oF Documents—Filed August 4, 1964 Plaintiff, Evelyn Butts, requests Albertis Harrison, Governor, Miss Mary Dudley, City Registrar, Alex H. Bell, City Treasurer, and William Prieur, Clerk within fifteen (15) days after service of this request, to make the follow- ing admissions for the purpose of this action only, and sub- ject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents previously furnished to you is genuine: (a) 1960 Census of Population: Vol. I, ‘‘Characteris- tics of the Population’’, part 48, Virginia. (Plain- tiff’s Exhibit A). (b) Economic report of the President transmitted to the Congress January, 1964 together with the an- nual report of the Council of Economic Advisors. (Plaintiff’s Exhibit I). 2. That each of the following statements is true: (a) Plaintiff Evelyn Butts is eligible to vote in state elections in all particulars except that she has not paid the poll tax. (b) Plaintiff Evelyn Butts registered and voted in the last Federal elections. (ec) 1. The constitution and laws of Virginia require all people who wish to vote in state elections to pay a capitation or poll tax of $1.50 each year [fol. 54] except those people exempted by statu- tory or constitutional provision. 35 2. Said poll tax is legally required to be paid for the three years next preceding the year in which a person offers to register to vote. (d) Said poll tax cannot be collected by legal action for three years after it becomes due. (e) The Supreme Court of Virginia stated in the case of Campbell v. Goode, 172 Va. 463, 2 S.E. 2d 456 (1939) : ‘‘While the Constitution gave to the General Assembly the right to impose a poll tax, it specifically provides against its enforced col- lection by legal process until three years after it has become due. Its imposition was not in- tended primarily for the production of reveune, but to limit the right of suffrage to those who took sufficient interest in the affairs of the state to qualify themselves to vote.’’ (f) The legal requirement of the payment of a poll tax as @ prerequisite to registration and voting has caused some otherwise eligible persons not to vote. (g) 1. The legal requirement of the payment of a poll tax as a prerequisite to voting has a tendency to cause some otherwise eligible persons not to vote. 2. The legal requirement of the payment of a poll tax as a prerequisite to voting exists for the purpose of causing some otherwise eligible persons not to vote. (h) Mrs. Butts has not paid her current poll tax. (i) The fact that Mrs. Butts has not paid her current poll tax disqualifies her from voting. (j) Payment of a poll tax of $1.50 constitutes a greater percentage of the income of a person earning $1,000.00 a year than it does for a person earning $10,000.00 a year. (k) $1.50 equals .0015% of $1,000.00. (1) $1.50 equals -00015% of $10,000.00. (fol. 55] (m) 1. There are a substantial number of Virginia citizens over twenty-one who have not paid their poll tax for three years. 2. There are a substantial number of Virginia citizens over twenty-one who have not paid their current poll tax. (n) Such people in arrears for three years have to pay at least $4.50 in order to be eligible to vote. (o) Prior to 1863, nearly all Negroes residing in Vir- ginia were slaves. (p) Slaves, as a class, could own no property. (q) At page 30 of the brief filed by defendant Albertis Harrison, Governor, in Federal Civil Action No. 3912, said party stated in part: ‘*Tt must also be noted that although the sole purpose of the imposition of the poll tax by the General Assembly of Virginia as a prerequisite to voting was to limit the right of suffrage to those who took sufficient interest in the affairs of the state to qualify themselves to vote and not to produce revenue. .. .”’ (r) Admit that the 1960 Federal Census of Population (being the 18th decennial census of the United States), Vol. I, Part 48, dealing with the charac- teristics of the population of Virginia, states the following information in Table 65 thereof dealing with income in 1959 of families and unrelated in- dividuals: 1. 15.3% of families and unrelated individuals in the State of Virginia earned under $1,000.00 in 1959. 2. 12.5% of same earned from $1,000.00 to $1,- 999.00. 3. 10.9% of same earned from $2,000.00 to $2,- 999.00. 4. 10.8% of same earned from $3,000.00 to $3,- 999.00. 5. 10.2% of same earned from $4,000.00 to $4,- 999.00. 6. 7.5% of same earned from $10,000.00 to $14,- 999.00. 37 7. 12.8% of the white families and unrelated in- dividuals of the State of Virginia earned less than $1,000.00 in 1959. [fol. 56] 8. 11.0% of same earned from $1,000.00 to $1,999.00. 9. 9.6% of same earned from $2,000.00 to $2,- 999.00. 10. 10.3% of same earned from $3,000.00 to $3,- 999.00. 11. 10.4% of same earned from $4,000.00 to $4,- 999.00. 12. 8.8% of same earned from $10,000.00 to $14,- 999.00. 13. 26.6% of the non-white families and unrelated individuals in the State of Virginia earned under $1,000.00 in 1959. 14. 19.5% of same earned from $1,000.00 to $1,- 999.00. 15. 17.0% of same earned from $2,000.00 to $2,- 999.00. 16. 13.2% of same earned from $3,000.00 to $3,- 999.00. 17. 9.4% of same earned from $4,000.00 to $4,- 999.00. ; 18. 1.2% of same earned from $10,000.00 to $14,- _ 999.00. 19. The median income for white families and un- related individuals in the State of Virginia for the year 1959 was $4,608.00. 20. The median income for non-white families and unrelated individuals in the State of Virginia for the year 1959 was $2,231.00. (s) Table 16 of the aforesaid volume of said Federal Census states the following information: (1) The total number of white citizens in the State of Virginia in 1959, 21 years of age and over, was 1,876,167. (2) The total number of non-white persons in the State of Virginia in 1959, 21 years of age and over, was 436,720. /s/ Joseph A. Jordan, Jr., Attorney for Plaintiff, 1228 Virginia Beach Boulevard, Norfolk 4, Vir- ginia. Len W. Holt, Attorney for Plaintiff, 250 Nicholson, N.E., Washington 11, D.C. Max Dean, Robert Segar (Attorneys for Plaintiff), 804 De- troit St., Flint, Michigan. CERTIFICATE OF Service (omitted in printing.) [fol. 57] [File endorsement omitted] In tHe Unrrep States District Court ror THE HASTERN District or VirGcIntia aT ALEXANDRIA [Title omitted] ANSWERS AND OBJECTIONS TO THE REQUEST FOR ADMISSION OF Facts anp GENUINENESS oF Documents—Filed August 17, 1964 The following are the answers and the objections of the defendants in the above styled cause to the request for ad- mission of facts and genuineness of documents directed by the plaintiff to the defendants pursuant to Rule 36: 1. (a) & (b): The defendants admit the genuineness of the doc- uments listed, reserving their right to object to the admissibility of such documents as irrelevant. (See Rules 26(e) and 32(c). 2. (a): The defendants object to the requested admission on the ground that it is improper under Rule 36. oo. ae —— — 39 (b): The defendants object to the requested admission on the ground that it is irrelevant and otherwise im- proper under Rule 36. (c)1. & 2., (d), (e), (f), & (g)1. & 2.: The defendants object to the requested admissions o nthe ground that they are irrelevant and otherwise improper. (h): The defendants admit that the plaintiff did not pay [fol. 58] her Capitation tax for the year 1963, but allege that she did pay it for the years 1955 through 1962. (i), (3), (k), (1), (m), (n), (0), (p), (q), (r), (8) : The defendants object to the requested admissions on the ground that they are irrelevant and otherwise improper. Albertis Harrison, Governor, Miss Mary Dudley, City Registrar, Alex H. Bell, City Treasurer, Wil- liam Prieur, Clerk, Defendants, Of Counsel. Robert Y. Button, Attorney General of Virginia, Su- preme Court Building, Richmond, Virginia 23219, Richard N. Harris, Assistant Attorney General of Virginia, Drawer 1395, Richmond, Virginia 23211, Alfred W. Whitehurst, Commonwealth’s Attorney, City of Norfolk, Virginia, Nor- folk, Virginia. CeRtiFIcaTe or Service (omitted in printing). 40 [fol. 59] [File endorsement omitted] In tHe Unirep States District Court rok THE HAsTeRN District oF VirGiIniA AT ALEXANDRIA [Title omitted] Notice or Motion To: Joseph A. Jordan, Jr., Esquire, Attorney at Law, 1228 Virginia Beach Boulevard, Norfolk 4, Virginia. Len W. Holt, Esquire, 250 Nicholson, N. E., Wash- ington 11, D. C. Max Dean, Esquire, Robert L. Segar, Esquire, 804 Detroit Street, Flint, Michigan. Please take notice that at the earliest practicable time set by the Court at which counsel may be heard, the under- signed will move this Court at the United States Post Office Building, Alexandria, Virginia, to hear the attached ob- jections to the Request for Admission of Facts and Genuine- ness of Documents served on them by you. Robert Y. Button, Attorney General of Virginia, Richard N. Harris, Assistant Attorney General, Alfred W. Whitehurst, Commonwealth’s Attorney, City of Norfolk, By Richard N. Harris, Counsel for the Defendants. Date: August 14, 1964. [fol. 60] [File endorsement omitted] In tHE Unrrep Srarss District Court ror THE Eastern District or Vircrnia At ALEXANDRIA Civil Action No. 3346 [Title omitted] DEFENDANTS’ ANSWERS TO Puaintirr’s REQUEST FOR ADMIs- SION oF Facts anp GENuINENESS oF Documents—Filed September 25, 1964 Following are those answers which the court required of the defendants to the request for admission of facts and genuineness of documents, directed by the plaintiff to the defendants. These answers were required by the court after hearing defendants’ objections to the said request. on Sep- tember 9, 1964. Note, however, that paragraphs 1 (a) and (b) and (2 (h) were not objected to and were originally admitted by the defendants: 1. (a) & (b): The defendants admit the genuineness of the docu- ments listed, reserving their right to object to the admissibility of such documents as irrelevant. 2. (a): The defendants admit that except for the fact that the plaintiff is totally excluded from registering and [fol. 61] voting by Section 23 of the Constitution of Virginia because she is a ‘*pauper,’’ she ‘‘is eligible to vote in State elections in all particulars, except that she has not paid the poll tax.’’ (b): The defendants admit that the plaintiff has regis- tered to vote and understand that the plaintiff will provide an affidavit relating to voting in the last Federal election. (c): 1. & 2., (d), (e), (f) & (g) 1. & 2.: The defendants’ objections thereto were sustained. (h): The defendants admit that the plaintiff did not pay her capitation tax for the year 1963, but allege that she did pay it for the years 1955 through 1962. (i), (j), (k) and (1): The defendants’ objections thereto were sustained. (m) 1: * The defendants admit that there are a number of Virginia citizens over twenty-one (21) who have not paid their poll tax for three years: [fol.62] 2: The defendants admit that there are a number of Virginia citizens over twenty-one (21) who have not paid their current poll tax. (n): The defendants’ objections thereto were sustainned. (0): The defendants admit that prior to 1863, slavery of Negroes existed in Virginia. (p): The defendants’ objections thereto were sustained. (q) & (r): The defendants admit that these statements are true. (s): The defendants admit that this statement is true except that the year should be 1960 instead of 1959. Albertis Harrison, Governor, Miss Mary Dudley, City Registrar, Alex H. Bell, City Treasurer, William Prieur, Clerk, Defendants, Of Counsel. 43 Robert Y. Button, Attorney General of Virginia, Supreme Court Building, Richmond, Virginia 23219, Richard N. Har- [fol. 63] ris, Assistant Attorney General, Drawer 1395, Richmond, Virginia 23211, Alfred W. Whitehurst, Common- wealth’s Attorney, City of N orfolk, Norfolk, Virginia. CeRtiricaTe or Service (omitted in printing). [fol. 64] [File endorsement omitted] 44 [fol. 65] In tHe Unrrep States Districr Court FoR THE Eastern District or Virernia, ALExANDRIA Division Civil Action No. 3253 Awnie E. Harper, et al, Plaintiffs, v. Vircrnia State Boarp or Exections, et al, Defendants Civil Action No. 3346 Mrs. Evetyn Butts, Plaintiff, v. Ausertis Harrison, Governor, et al, Defendants. Courtroom No. 1 U.S. Post Office and Courthouse Alexandria, Virginia Transcript of Hearing—October 21, 1964 Met, pursuant to notice, at 10:00 o’clock a. m. Before: Honorable Atsert V. Bryan, Circuit Judge, Honorable Oren R. Lewis, District Judge, Honorable Jonny D. Burzner, Jr., District Judge. {fol. 66] APPEARANCES: J. A. Jorpan, Jr., Norfolk, Virginia, Len W. Hour, Wash- ington, D. C., and Max Dean and Rosert L. Szear, both of Flint, Michigan, counsel for plaintiffs in No. 3346; and Ina M. Lecuyer and Auuison W. Brown, Jr., both of Washing- ton, D. C., and Pamir Scuwarrz, Arlington County, Vir- ginia, counsel for plaintiffs in No. 3253. Rosert Y. Burrow, Attorney General of Virginia, and Ricuarp N. Hares, Assistant Attorney General of Virginia, 45 both of Richmond, Virginia, counsel for defendants Vir- ginia State Board of Elections in No. 3253 and counsel for Albertis Harrison, Governor, in No. 3346; Donat C. Crounse, Assistant Commonwealth’s Attorney, Fairfax County, Virginia, counsel for Electoral Board of Fairfax County and Waneta M. Buckley, General Registrar of Fair- fax County, Virginia, in No. 3253; ALFRED W. WHITEHEAD, Commonwealth’s Attorney, City of Norfolk, Norfolk, Vir- ginia, counsel for Mary Dudley, City of Norfolk, Alex H. Bell, City Treasurer, City of Norfolk, and William Prieur, Clerk, the Corporation Court of N orfolk, City of Norfolk, all of Norfolk, Virginia, in No. 3346. [fol. 67] PROCEEDINGS The Clerk: The first case this morning is Civil Action No. 3253, that is, Annie E. Harper, Gladys A. Berry, Curtis Burr and Myrtle L. Burr, on behalf of themselves and others similarly situated, vs. Virginia State Board of Elec- tions, Electoral Board of Fairfax County and Waneta M. Buckley, General Registrar of Fairfax County ; the pending case of Civil Action No. 3346, that is, Mrs. Evelyn Butts vs. Albertis Harrison, Governur of the Commonwealth of Vir- ginia, Miss Mary Dudley, City Registrar of Norfolk, Vir- ginia, Alex H. Bell, City Treasurer of Norfolk, Virginia, and William Prieur, Clerk of the Corporation Court of Norfolk, Virginia. Are you ready, Mr. Jordan? Is Mr. Jordan present? Mr. Jordan: Yes, we are ready. Judge Bryan: Now, let’s see, gentlemen. The cases have been consolidated for hearing. Are counsel here representing each of the plaintiffs in No, 3253, that is the Harper case? Mr. Schwartz: Yes, Your Honor. My name is Philip Schwartz, of the Arlington Bar. I would like to introduce Mr. Allison Brown, of the Washington Bar, and also a member of the Fourth Cireuit Court of Appeals and the Supreme Court Bar. [fol. 68] Judge Bryan: And he will be associated with you in representing the plaintiffs in 3253? Mr. Schwartz: The Harper case, yes, Your Honor. 46 Judge Bryan: All right. Let Mr. Brown’s name be en- tered of record as counsel. Now, in 3253, are the appearances by counsel here for each of the three defendants? Mr. Harris: Yes, sir. I and Mr. Button are representing the State Board of Elections, and Mr. Donalc. Crounse, Assistant Commonwealth’s Attorney for the County of Fairfax, is representing the local election officials in that vase. Judge Bryan: Does that include the General Regis- trar—— Mr. Harris: Ys, sir.. Judge Bryan: —of Fairfax? Mr. Harris: Yes, sir. Judge Bryan: Now, in what was Civil Action 4658 on the Norfolk docket is—— Mr. Harris: 3346. Judge Bryan: —is 3346 on the Alexandria docket, and the plaintiff is Mrs. Evelyn Butts. Is counsel here representing her? Mr. Jordan: Yes, Your Honor. I am Joseph Jordan, Norfolk, Virginia. This is Mr. [fol. 69] Max Dean, of Detroit, and Mr. Robert Segar, of Detroit, associated counsel. Judge Bryan: I see. They will be associated with you? Mr. Jordan: That is correct, sir. Judge Bryan: In representing the plaintiff, Butts? Mr. Jordan: That is correct, sir. Judge Bryan: All right. Let their names be entered of record, then, as counsel. Mr. Dean: Then, Your Honor, we of Flint, Michigan. Mr. Jordan: Flint, rather than Detroit. Mr. Dean: Flint, rather than Detroit. Judge Bryan: Now, Mr. Harris, in the Butts case, you represent the governor? Mr. Harris: Yes, sir. Judge Bryan: And who represents Miss Dudley and Mr. Bell arid Mr. Prieur? Mr. Harris: Mr. Alfred Whitehead, the Commonwealth Attorney for the City of Norfolk. Cottoquy Between Court AND CouNsEL Judge Bryan: All right, sir. Now, I take it that no evidence is required here. There seems to be no factual dispute, is there? Mr. Brown: The plaintiffs in 3253 do not have any evi- (fol. 70] dence to offer, sir, and don’t feel that there are any factual issues. Mr. Dean: The plaintiffs in the Harper case, Your Honor, had intended to offer evidence. We had listed certain wit- nesses—Excuse me—in the Butts case, and the witnesses are here and we did intend to offer them. The testimony, I assume, will be not extensive, but, especially in view of objection to an affidavit that was filed, Mrs. Butts, I be- lieve, will have to take the stand to support the theory of our case, and we have other witnesses. Judge Bryan: Now, you are speaking about the Butts case? Mr. Dean: Yes. Judge Bryan: Now, let me go back to the Harper case. Mr. Harris, counsel for the plaintiff, says he has no evi- dence to offer. Do you have any? Mr. Harris: No, sir, we don’t intend to offer any evi- dence, except what we have filed in the form of exhibits in either of the cases. Judge Bryan: Now, did you file exhibits in 3253? Mr. Harris: Yes, sir, we filed exhibits which were made applicable to both cases, since they were consolidated. We didn’t file two sets, but we—— (fol. 71] Judge Bryan: Now, is there any reason why those exhibits in 3253 should not be admitted in evidence? Mr. Brown: No, sir. Judge Bryan: Well, they will be treated as in evidence now. Now, tell me what type of evidence you think that you have to introduce in the Butts case. Mr. Dean: Mrs. Butts, Your Honor, will testify that she is eligible to vote, has voted in the past and has paid the poll tax in the past; that the poll tax was an economic hardship on her, that it has been a hardship for many years, and that she finally did not pay it because of the hardship, 48 and that she wants to vote, aud that she does not pay the poll tax solely because of her economic condition. She does not have any income of her own. She is supported solely by her disabled husband, who receives a veterans pension as his sole income. And they have supported their children, including a 15 year old daughter at home, and provide a home for a 90 year old father of Mrs. Butts. Mr. Brooks would testify that he has been a salaried employee of the NAACP, engaged solely in voter registra- tion and get-out-the-vote campaigns, and that he has super- vised the organization of these campaigns, and has person- ally attempted to get people to pay their poll tax and regis- {fol. 72] tered and vote, and that the statements that are made to him, and we offer them, not for the truth or falsity, but for the wide spread reasons that are given, that they would not register and vote because they cannot pay their poll tax. He has observed the homes of these people, has seen their clothing, their personal property, their dwell- ings, and that he can observe and testify that these people are poverty stricken. Another witness is Professor Ogden, of the Eastern Kentucky University, the head of the Political Science Department, who has written a book on the poll tax and conducted an extensive study of it in Texas, Mississippi, Arkansas, Virginia and Alabama. This book was pub- lished by the University of Alabama Press, and he ad- dressed himself to the impact on elections of the poll tax, and that he has studied the census figures for the State of Virginia, which are in exhibit here. He is aware of the economic conditions, the economic groupings in the state and economic status of poor white people and poor Negro people, and that, from his studies and knowledge as a polit- ical scientist, from his investigation, personal and through the writings of others, the expert knowledge and as an expert witness, that he can testify that the poll tax is an impediment on voting, does deter people from voting and does inhibit voting. Judge Bryan: Now, Mr. Harris, without admitting the [fol. 73] truth of the statements in this proffered testi- mony, would you be willing to agree that if these witnesses took the stand, they would testify to that effect? Mr. Harris: Yes, sir, with the possible exception of one item, and that is Mrs. Butts’ testimony, and I would be 49 inconsistent in saying that I would agree to that since I had filed a motion asking that an affidavit which she filed be stricken because, essentially, she has said the same thing in the affidavit that she stated she would say from the stand. You remember, when we argued the question for admission of facts, and the motion I filed in objection to that, Your Honor asked me, with reference to one item, I think it was Mrs. Butts having voted in a federal election, asked me if we would accept an affidavit from her as to whether or not she had voted in the last federal election, asked me tf we would accept an affidavit from her as to whether or not she had voted in the last federal election. You will recall that I had stated we had no way of looking at the voting list, and so on, and determined that she did file an affidavit, but, instead of confining it to that one item, she managed to sneak in three or four other things, so, consequently, I was forced to file a motion objecting to the affidavit, so we are left now with nothing with reference to that feature, but, other than that, I would not object to her testimony, except as it relates to the item I have ([fol. 74] just mentioned. Judge Bryan: Subject to your objection? Mr. Harris: I am talking about if they did testify, that they would so state. Judge Bryan: Can’t we agree that if they took the stand, . they would make the statements that counsel has just said they would make? Mr. Harris: Yes, sir, except we object to the testimony of Mr. Brooks and Professor Ogden, as being inadmissible because it is irrelevant, but, other than that,—— Judge Bryan: You do not admit the truth of it, nor do you admit the relevancy of it? Mr. Harris: Right. Judge Bryan: Simply they would make the state- ment,—— Mr. Harris: Right. Judge Bryan: —and, with that, would you have any evi- dence you wanted to put in transversing it? Mr. Harris: No, sir. Judge Bryan: All right, then. Suppose we let the rec- ord stand in that fashion, that it is stipulated that these witnesses would make the statements that you have just recited; that you would call on them to make; but that Ons: cl . 50 the truth of them is not admitted by the defendants, and [fol. 75] the defendants still press their objection to the | relevancy of certain parts of it. Mr. Dean: Well, I have no objection to that, Your Honor, and I realize the Court’s purpose is to save valuable time. The only thing is, I think, my brief statement does not convey to the Court the value and depth of the study that the Professor has made in this area, and that is my only reservation. Another feature of the study is that, due to the fact that there are proportionately twice as many poverty stricken people among the Negro group than there are among the white group, proportionately, that the economic impact and impingement upon the Negro people is, therefore, greater just because of the economic status of the people. Judge Bryan: You can draw on that in your argument, can’t you, and enlarge on the implications of this testimony, the foundations of which you have stated so as to direct our attention to such part of it as you think is salient? Mr. Dean: I do wish to make one correction, Your Honor, in regards to our claim that I made personally at the last hearing, that Mrs. Butts had voted in a federal election without paying the poll tax; that I was in error; that she has not voted in a federal election, and there has been ’ none since she could vote in, and I mis-spoke myself. Judge Bryan: All right. Thank you, sir. [fol. 76] Now, I asked you about the exhibits in 3253. I did not ask you about the exhibits in the other case, entitled the Butts case. I think that one side or the other have both offered exhibits in that case. Mr. Harris: Yes, sir. As I stated, we offered a set of exhibits which were relevant and went to both cases. Judge Bryan: Both cases? Mr. Harris: So the only difference in exhibits is what has been done by the plaintiffs. Judge Bryan: All right. Now, then, have you offered any exhibits in the Butts case? Mr. Dean: Yes, Your Honor. We have presented an exhibit list, and they have been supplied to the Court and to all counsel. Judge Bryan: All right. 51 Is there any objection to treating those exhibits as be- ing in evidence? Mr. Harris: Yes, sir, we object to most of them as being irrelevant and, therefore, inadmissible. We have articles from the U. S. News and World Report, we have articles from the Economist, we have a wealth of statistical data. We have quotes from the proceedings and debates of the [fol. 77] Constitutional Convention of the State of Virginia in 1902, among other things, all of which we object to as being irrelevant to the issues in this case. Judge Bryan: We will take them in evidence, subject to the objection. We have no other way of handling it because we can’t rule on them until we read them, and after we read them, they are equivalent to being in evidence. Now, gentlemen, these two cases have closely interwoven, if not identical issues, and, I presume, they may, in fact, should be argued together, and, I take it, since it is a nar- row issue, that a half hour for the plaintiffs and a half hour for the defendants ought to be adequate time for the presentation and argument. All right? Mr. Brown: That is right. Judge Bryan: And if you have any preference how you want to lead off in the argument, which case comes first-—— Mr. Brown: Your Honor, did I understand you to mean a half hour for the plaintiffs to use together in defense? Judge Bryan: Yes. Mr. Brown: I don’t feel that the plaintiffs—that we could quite cover our argument in that length of time. Judge Bryan: Whoever argues first is going to do a lot of the argument for the other plaintiff because the issue is going to be almost identical. It will not take you more (fol. 78] than a half hour together to present the case. Then, if you need a little extra time for rebuttal, well, we will provide it. Mr. Dean: Your Honor, there are some pending motions to dismiss. I wonder if I might suggest to the Court that those motions be considered separate from the argument on the merits of the case. Judge Bryan: What is the nature of it? It is a motion to strike the affidavit? What is the other one? Mr. Dean: I believe there is a motion in the Butts case that she lacks the capacity and standing to bring this suit, and there are some other claims on the part 52 Judge Bryan: I think Mr. Harris can include that in his argument on the merits of the case. Do you want to open first with 3253 or with the other case? Mr. Brown: I believe so, yes, sir. Judge Bryan: All right. (Whereupon, Allison W. Brown, Jr., Esquire, argued in behalf of Mrs. Evelyn Butts, which argument was steno- graphically reported but not transcribed at the request of counsel. ) (Whereupon, Max Dean, Esquire, argued in behalf of Annie B. Harper, et al, which argument was stenographi- cally reported but not transcribed at the request of coun- sel.) [fol. 79] (Whereupon, Richard N. Harris, Esquire, ar- gued in behalf of the defendants, a transcription of which argument may be found in the files of the clerk.) (Whereupon, Allison W. Brown, Jr., Esquire, argued in rebuttal in behalf of Annie E. Harper, et al, a transcrip- tion of which argument may be found in the files of the clerk.) (Whereupon, Robert L. Segar, Esquire, argued in re- buttal in behalf of Mrs. Evelyn Butts, a transcription of which argument may be found in the files of the clerk.) (Whereupon, at 12:10 p. m., October 21, 1964, oral argu- ments in the above entitled matter were concluded.) Certificate I certify that the foregoing transcript, consisting of the proceedings on the trial of the merits of this cause, except arguments of counsel, were transcribed at the request of Robert L. Segar, Esquire, and is a true and correct tran- script from my notes taken in the above entitled matter. Frank A. Smonskey, Jr., Official Reporter. [fol. 80] Cxuerx’s Certiricate To Forecoinc TRanscriPt OmitTTep In PRINTING (fol. 81] Iw tHe Unrrep Srares District Court Puarntirr’s Exursrr No. A. 1960 CENSUS OF PoPuLaTION Volume 1 CHARACTERISTICS OF THE POPULATION Part 48 VIRGINIA [Seal] Untrep States Department or CoMMERCE Bureau of Census Virginia 55 4s—AGE BY COLOR AND SEX, FOR THE STATE, BY SIZE OF PLACE, 1960, AND URBAN AND RURAL RESIDENCE, 1950 not shown where less than 0.1; percent and median not shown where base is less than 100. Males per 100 females not shown where number of females is less than 100] 1960 1950 URBAN RURAL COLORs AND SEX URBANIZED AREAS OTHER URBAN PLACES ToTaL or OTHER TOTAL URBAN RURAL TOTAL CENTRAL URBAN |PLACES OF |PLACES OF} TOTAL 11000 RURAL CITIES FRINGE | 109000 |2+500 To To OR MORE | 10+000 2+500 Saal ML CLASSES potas ALL AGES + «| 3 966 949] 2 204 913] 995 423/ 704 272) 292 907| 212 3411/1 762 O36] 108 925)/1 653 111] 3 318 680] 1 560 1145/1 758 Ses YEAR» . 92 653 52 748 020 17 620 6 246 4 662 39 905]) 2 400 ” 71 985 33 898 38 067 ‘ ° 93 130 52 706]) 23 Tie 18 163 6 182 4 645; 40 424 2 482 37 942 159 726 72313) «67 441 7 ° 92 101 51 329]] 22 75 17 9; 6071 4 587 40 772 2 305 38 467 > . 90 156 50 105 22 120 17 480 6 113 4 392 40 053 2 290 37 763 149 769 65 214 e6 555 . . 218 49 265) 21 770 17 181 6 051 4263) 40 953/) 2 292 38 661 3 . 69 516 48 712 21 357 16 957 5 953 4 445 40 804) 2 328 38 476 65 ede 27 032 38 806 « . 66 183 “6 20 16 318 5 966 4 156 39 503 2 281 37 262 6 866 27 186 39 680 3 e 4s 20 030 1 5 635 3946/ 40 286] 2 249 38 039 J ° 61 752 43 231 18 719 14 747 5 748 4 021 38 521 2 197 de 324 183 706 7h 102) «112 604 ‘ . 79 053 41 663 17 14 545 5 523 3 816 37 390], 2 140 35 250 is ° 13 41 155 7 14 213 5 416 3 819 36 358), 2 119 3 239 iss . 80 240 41 17 763 14 213 5 452 3 874 38 918 2 162 36 736 216 366 76 669| 139 677 Se ° 83 036 42 48 125 14 667 5 783. 4 051 40 210]) 2 341 7 % . 60 839 41 618 17 493 14 459 5 639 4 027 39 221 2 209 3 932 % . 64 190 3 13 708 10 120 4 380 3080; 32 942 1 624 31 118 Si 246 1 33 422 * . 64 856 31 343 13-735 10 206 4 224 3 180 33 513 1 795 31 718 49 407 17 $15 aT * ° 64 914 u 43 615 9 924 4 499 3 208 33 668 1 639 31 829 99 972 494) 63 478 Se . 66 246 32 630 14 942 9 652 4 618 3 416 33 616 1 954 31 662 iS ° 64 939 x“ 17 730 7 651 a 914 4 393 30 051 1 635 26 416 116 991 54 300 62 691 * oe . 63 452 37 110]} 20 008 7 e141 & 762 4 529 26 342 1 390 24 952 Ss + . 60 989 36 614 20 510 8 016 4 136 3 952 24 375 1 330 23 04s 63 471 Ty do 171 ls AD OVER » + + «| 2 312 887]] 1 320 676]] 597 S67) 415 826; 179 436) 127 847/ 992 209]) 65 303| 926 906] 2 39) 1 O29 248) 996 ERS +s ee ew 458 260 256 153]] 114 377 688 564 30 663 22 549/ 202 107]) 11 769) 190 336 381 476 171 425) 210 053 WEARSe we ee ee 226 98 125 78 $52 29 0a: 20 384) 196 506]] 11 155| 185 35: 316 410 125 320) 191 090 Ms YEARSe we ee 387 618 198 169], 684 614) 67 872 26 6: 16 851) 189 649] 10 755) 176 267 612 94 513! 173 099 9 YEARSs + oe 8 6 324 407 167 217] 80 030 45 442 23 017 36 728) 157 190]) 8 613) 148 577 106 158 O61 Me YEARSs + ee # 284 758 1 85 816) 46 284 19 485 17 299) 115 674 6 729/ 109 145 291 406 149 442) 161 964 W YEARS: + + +o 6 257 127 150 651 67 058 $1171 18 207 44 175) 106 476) 6 613 99 863 2 160 162 550 ie YEARSe + ee ee 274 494 16 7 69 993 56 9 20 481 44 273) 112 807 7 472) «105 635 266 516 142 123 Se: W YEARS: + ee oo 290 914 175 510] 74 343 64 723) 21 874 14 570) 115 404 7 798) 107 606 248 017 4 118 337 se YEARSs ws + oo 260 871 154 O75], 68 350 56 238; 20 001 43477) 106 7 318 99 476 211 251 110 233) 101 O18 9 YEARS. eee 232 133 016] 57 638 18 499 42 673 99 450)} 6 485) 92 965 177 199 90 720 “79 YEARS. ° 193 343 109 7 33 161 16 119 10 965) 4964 281 5 535 78 746 ise 449 7% 927 YEARS. . 161 673 66 434) 42 411 23 248 13 576 9 199 73 239], +4 950 126 100 60 369) 965 731 a YEARS» + « e ry 69 709 16 729 10 683 7 59 691 4180) 55 Sil 102 656 97 241 55 445 W YEARS. + « . 110 198 57 07 26 911 42 621 9% 120 6419) $3 127 3 674 49 455 87 527 36 622) 46 705 HW YEARSe «ee oe 6 980 41 019 440 8713 6 8 966 39 961 2 637 x oo 25 696) 334 660 YEARS+ « «+ 6 53 043 26 127 42 773 5 486 4 Sa; 3 327 26 916 1 604 Se 857 24 049) 32 808 BYEARSs + + eo 052 43 810 6 635 2 840 2 478 1 657 14 242 1 043 13 199 BAND OVER « + + 16 697 83 3 994 1 662 1 570 4151 8 605 7715 9 Sea 4 082 5 502 BYEARSs » «+ + «| 1 466 682 775 623)] 339 608) 264 768 99 657 71 590] 689 059]) 39 267/ 649 702) 1 114 879/| 445 267) 669 612 BAND OVER « » + « 288 970 146 404 72 753 u 2 17 720) 162 566} 9 853) 132 713 au 92 849) 121 675 Care 2761 27.9 276 27.5 29.8 27.9 25-9 2901 25-7 2763 2901 2562 +| 3 979 372] 1 082 496 492; 347 861) 136 640) 101 756) 696 423]) 52.312) 844 111] 1 675 216 766 958) 906 258 . 68 26 12 031 9 017 3 199 2313} + 20 1 232 18 976 se 445 17 302 19 143 . 47 272 26 749 12 022 9 329 3 100 2 20 523 1 256 19 265 61 577 3 877 “4 700 ° 46 764 26 058 11 495 9 112 3 072 2 379 20 7; 4171 19 . 45 742 25 390 41 176 8 958 3 001 2 255 20 352 1 187 19 195 75 940 32 43 076 . 45 736 24 944 41 023 8 700 3 2 146 20 1 165 19 627 ° 45 318 24 599 10 768 8 639 2 973 4 20 719 1 157 19 S62 33 472 13 701 19 771 . 43 729 23 657 10 230 8 254 3 2.107} +20 072 1 155 18 917 33 779 13 636) 20 143 . 43 586 23 226 10 097 8 133 2 979 2017/ 20 1 093 19 2 . 41 501 21 856 9 392 7 $20 2 933 2 011 19 645 1 086 18 561 93 354 36 096) 57 258 . 40 194 21 029 8 957 7 330 2 796 1 946 19 165 1 098 18 067 . 423 20 871 8 831 7 316 2 750 i 974 19 552 4 075 18 477 ° 4o 841 20 853 8 941 7 235 2 776 1 901 19 968 1 138 18 650 109 850 38 461 7, 309 ° 42 024 21 389 9 o42 7 $10 2 660 1 977 20 635 4151 19 408 . 40 746 20 768 8 641 7 328 2779 2 020 19 978 1 146 18 632 ° 32 538 15 626 6 639 5 059 2 183 1 545 16 912 922 15 990 26 O18 8 868 17 150 . 32 723 15 564 6 719 5 147 2 120 1 578 17 159 16 263 24 969 8 640 16 349 . 32 577 15 268 6 576 4 970 2 176 1 546 17 309 914 16 395 So 203 17 321 Be2 . 33 563 16 119 7 4 626 2 184 1 567 17 468 16 506 coseee 34 354 17 955 10 373 3 933 1 654 1 995 399 762 15 617 63 422 28 626) 34 506 eeeeeee 34 377 19 661 42 271 3 726 i 635 2 029 14 716 630 16 086 Va 6.0 60 4 6 33 489 20 O44 12 685 3 796 1 547 1 616 13 445 $72 12 873 4 17 717 6 931 AND OVER « «© « «| 1 135 065 634 763) 290 202 021 81 902 60 137 0 5! 469 Tau] 1013 Sid 514 870 YEARS oe ve we 232 tr ST 787) as 116 5 Ir ser} 1082 Gor 5983) 96 618 193° 962 87 085) EARSs we se ow 214 330 114 367 49 466 39 876 14 747 10 280 99 963 5 587 ou 160 605 63 933) 997 172 YEARSe ww eo 196 572 99 507 42 294 34 448 13 38 9417) 97 065 5S 432 91 633 135 e668 87 329) 88 539 YEARS» se eee 167 614 84 567 43 479 22 604 9 769 a 83 047 & 180 78 867 138 614 54 787 827 YEARSs ss eee 152 056 69 111 49 625 22 679 @ Si2 95) 62 945 3 0% 5° 656 557 76 598) 7 959 YEARSs » oe oe 426 171 75 ose 34 137 25 166 8 829 6 53 113 139 a 147 736 aes 273 YEARSe we oe oe 135 546 79 139 ory 27 751 9 625 6 56 407 3 450 52 957 135 000 71 304) «63 616 YEARSs «+ + 142 589 64 894 36 524 30 889 10 441 7 070 57 695 3 721 53 97% tad 4146 64 070 61 348 YEARS 430 717 76 324 31 463 28 653 9 562 6 446 54 393 3 515 so 106 4%" 53 956 52 $10 YEARS os 116 628 65 3497 «28 116 22 274 8 763 6 198 $1 279 3 160 “8 119 a8 036 43 754) 48 280 YES. wee os $2 791 23 354 16 658 7 531 5S 248 43 069]) 2 646 40 423 76 334 37 065 3° 266 YEARSs we ees 78 651 41 4% 19 598 41 370 6 203 4 325 37 155]} 2 305 34 850 62 621 26 776 34 085 YEARS» wee oe 60 708 31 712 15 918 7 865 4 609 3 324 26 996 1 905 27 091 so 21 26 457 YEARS. we eee 702 12 751 5 473 3 ose 2 685/ 26 105 1 609 26 496 “1 16 618) 25 086 YEARS. wee ee 36 O44 16 657 8 479 3 408 2 089 2 081 19 387 1 140 18 267 28 567 10 725 17 842 YEARS» eee oe 23 004 4 961 1 960 1 733 1 343 13 007 772 t2 sel} 26 225 ° 565 16 660 YEARSs oo eo 6 4a 343 4 874 2337 960 872 705 6 469 0 6 049 AMD OVER wo og 6 535 2 808 1 355 Sia 480 3 727 287 3 470 3 e92 1 429 2 463 oe 742 087 390 526] 170 340) 134 385 $0 022 35.779] 9351 56 19 770) «331 791 565 627 223 766) 341 661 .* 127 628 $8 933 29 883 12 312 9 466 7 254 68 695 4 196 497 100 568 537) 62 05; * 26.0 26.6 25-8 26-8 28.7 27.0 2502 28.0 2561 2669 26.5 250i co ee eos a [fol. 83] 56 General Population Characteristics { Table 16—AGE BY COLOR AND SEX, FOR THE STATE, BY SIZE OF PLACE, 1960, AND URBAN AND RURAL RESIDp 1950—Con. [Percent not shown where less than 0.1; percent and median not shown where base is less than 100. Males per 100 females not shown where number of females is ies then im ee 1960 ‘ 1980 | ; URBAN RURAL AGEs COLOR+ AND SEX URBANIZED AREAS OTHER URBAN PLACES TOTAL or OTHER ToTaL vapan | 4 TOTAL PLACES TOTAL 11000 RURAL ciTres FRINGE | 109000 /|2+500 TO OR MORE | 10+000 2+500 ALL CLASSES-=CONs FEMALEs ALL AGESs + «| 1 987 S77], 1 121 964] 498 931 156 067} 110 555! 865 613] 56 613) 809 COO] 1 643 464] 793 157) y UNDER 1 YEARe © ee ee 45 865 26 186 11 989 3 087 2 349 19 697 1 168 18 529 540 16 596) 1 YEAR ee ee ee eee 4s 856 25 957 11 698 3 ce2 2 347 19 901 1 18 677 78 147 35 836) 2 YEARS + ee eee tee 45 317 25 271 11 256 2 099 2 208 O86 1134 16 912 SD YEARS + s+ ee ee tee aa 416 26 715 10 948 3 412 21307 19 701 1 133 18 568 73 829 32 350! a) ee 44 482 24 321 10 747 2 976 2417 20 161 a 427 19 034 S YEARS + + s+ ee ee ee a4 196 28 113 10 569 8 2 80 22% 44171 18 914 32 36 133m) © YEARS + ee ee ete az 454 2 10 010 8 2 900 2 049 19 431 1 086 18 345 33 067 Seo] 7 YEARS se eee eters 42 496 22 570 9 933 7 652 2 656 1 929 1 4 156 18 770 BYERS + se eee eee 40 251 21 375 9 327 7 227 2 611 2 010 18 876 a 13 17 763 sa 35 006) O YEARS + se eee eee 3e 859 20 634 8 622 7 215 2727 1 670 18 225 1 0@2 17 183 10 YEARS+ «+ + eee 39 090 20 266 8 874 6 697 2 668 1 645 18 806 1 088 17 762 11 YEARS+ ee ee 39 399 20 469 8 842 6 978 2 676 1 973 18 930 1 O88 17 886 106 Sie 38 228) 12 YEARS. seer 41 012 21 437 9 083 7 357 2 923 2 078 19 575 1 190 16 385 43 YEARS. oeee 40 093 20 850 8 852 7131 2 860 2 007 19 243 1 143 18 100 14 YEARS. eee 3a 652 15 622 6 869 5 061 2 157 1 535 16 030 902 15 128 25 228 8 956) 15 YEARS eeee 32 133 15 779 7 Ole 5 057 2 104 1 602 16 354 809 15 455 24 418 e 16 YEARS+ oeee 32 337 15 978 70% 4 954 2 323 1 662 16 359 925 5 434 a9 769 19 173, 47 YEARS- eee 32 663 46 Si 7 402 3 628 2 434 1 651 16 152 996 15 156 18 YEARS. eee 30 585 16 933 7 357 3918 3 260 2 398 13 652 es3 12 799 53 569 25 a7) 19 YEARS» . 29 O75 17 449 7737 4 085 3 127 2 500 11 626 760 10 666 20 YEARS. + « . 27 500 46 570 7 625 4 220 2 589 21% 10 930 738 10 172 26 623 re | 21 YEARS ANO OVER «+ + «| 1 77 822 915) 306 944/ 2135 805 97 456 67 710| 491 907] 34 745) 457 162] |! 013 620] 532 ‘ UNDER 5 YEARS «2 ee +o 22s 956 126 452 5é 630 a3 448 45 216 4a 158 99 506 5 786 93 720 187 516 Bu 5 @ YEARS. . 206 258 441 715 48 661 38 676 14 274 10 108 96 543 5 ses 90 975 155 905 6. ' 10 To 14 YEARS . 191 286 8 42 520 33 428 13 266 9434 92 584 S 323 87 261 13a 746 a7 45 To 19 . 156 793 82 650 36 551 22 638 43 208 10 O13 74 143 4 433 69 710 127 756 33 20 To 24 . 132 702 79 773 36 191 23 10 973 9 0048 $2 929 3 638 49 291 137 649 72 | 25 To 29 . 128 956 75 593 32 921 26 005 9 418 7 2890 53 363 3.474 ag 146 954 ry | 30 To 34 . . 138 948 62 546 35 097 29 189 10 856 7 406 56 400 3 722 52 678 134 S16 1 | 35 To 39 eee 148 325 90 616 37 819 33 634 11 463 7 500 $7 709 4 O77 53 632 122 603 6s | 40 To 44 seee 130 154 77 751 32 8% 27 10 439 7031 52 403 3 803 48 600 108 787 56 | 45 To 49 eee 115 838 67 667 29 728 21 732 9 736 6 475 “e171 3 325 “a 646 69 165 ae | 50 To 54 eeee 97 483 Sé 271 25 443 16 523 8 588 $717 #1 212 2 689 38 323 7e 118 x» 55 To 5° eevee 83 022 46 938 22 613 11 678 7 373 4 676 36 064 2 085 33 499 63 279 xu 60 To 64 eee oe 552 37 857 18 795 8 864 6 O78 “124 30 695 2275 28 820 52 436 2 65 To 69 eevee $9 496 32 474 16 160 7 148 5 432 37% 27 022 2 065 24 957 45 623 2 70 To 74 eeee 44 936 24 362 11 96: 5 305 #21 2 68s 20 574 1 497 19 O77 31 989 is 75 To 79 eeee 30 039 16 130 7 612 3 526 2 808 1 964 13 909 a 122 12 787 30 632 “ 80 To 64 eee 16 709 3 936 4 298 1 680 1 606 a 152 7 773 623 7 150 65 YEARS AND OVER « + + « 10 162 5 569 2 630 151 1 068) 7 4 593 348 @ 245 5 692 2 UNDER 16 seeeee 722 595 385 O97]| 169 268; 130 3835 a9 635 35 611| 337 19 497) 318 O01 S49 252 221 65 YEARS AND OVER + + + + 161 342 67 471 42 870 19 010 15 125) 10 466 73 871 5 655 68 216 113 936 54 MEDIAN AGEs +s ee ee ee 2861 2961 2968 261 3007 28.8 Wed 26.4 27-8 PERCENT DISTRIBUTION TOTAL+ ALL AGES «+ « 100-0 100.0 s . . 106 1106 5S TO 9 YEARS. « . 1007 106 10 TO 14 YEARS. . 9.8 90 45 To 19 YEARS. . 8.2 706 20 To 24 YEARS. . 72 77 25 To 29 YEARS. . 6.5 6-8 30 TO 34 YEARS. . 6.9 73 35 TO 39 YEARS. . 7.3 8-0 40 TO 64 YEARS. . 666 720 &5 To 49 YEARS. . 5.9 600 SO TO S54 YEARS: . a9 4.9 55 To 59 YEARS. . ae 4.0 60 To 64 YEARS. . 303 302 65 To 69 YEARS. e 2.8 206 7O To 74 YEARS. ° 2-0 109 75 To 79 YEARS. . 103 de2 80 TO 64 YEARS. e 0.7 v6 85 YEARS AND OVER . + + « 0-4 0-8 MALES PER 100 FEMALES 9965 9766 103-6 92.8 108.3 UNDER 5 YEARS 102+0 103-8 10301 10364 103-4 5 To 9 YEARS. 10167 10361 10365 100.3 103-7 10 2965 10361 104.8 10220 105.0 a5 11960 99.0 1120 94.3 AL3el 20 A37e1 901 11869 85.0 121-8 2s 103-7 9668 99-65 9064 10002 x» 951 1000 92.7 100.5 3 9163 100-0 9163 100.6 * 105 10308 92.4 104.7 “ss 10265 10665 95-0 107-3 50 100-8 10865 Pie 10565 3s 9567 103-0 87.1 108.2 60 68.7 9465 83.7 95-3 os 7696 966 7709 96.2 70 64.2 9402 7602 95.6 7s 55-6 93-5 68.8 95-7 80 Siet 83-2 67.4 64.6 a5 aa.8 rye 73.9 81.7 i] 16—AGE BY COLOR AND SEX, FOR THE STATE, BY SIZE OF PLACE, 1 AND URBAN AND RURAL 1950—Con. Virginia not shown where less than 0.1; percent and median not shown where base is less than 100, ‘Males per a , a7 RESIDENCE, not shown where number of females is less than 100) 1960 \ 1950 URBAN ura. URBANIZED AREAS OTHER URBAN Ss on ae ToTAL oF TOTAL ureaw | RURAL ToTaL CENTRAL URBAN J/PLACES OF |PLACES OF! ToTa, i RURAL. CITIES FRINGE | 10000 |2+500 TO ‘0 0 +000 a J mire 4 + ML AGES + +/ 3 142 443) 1 767 206 || 696 968) 657 153/ 233 493| 179 592/1 375 237 $12)) 205 425) 2 sei 555] 1 222 973/1 380 sez eevee Be 40 944 15 939 16 428 4 763 3 614 28 922) ies7 27 065 54 47 26 253 28 221 coeee 70 036 40 612 15 322 a6 761 “717 3 612 29 426 1 928 27 S00 122 067 Se 401 65 666 ; weee 366 39 515] 14 569| 16 saz & 627 3797) 29 85;] 4 797 ee : evens 68 117 38 548!) 14 280) 16 129 4 621 3558) 29569) 1 623/ 27 415 255 Si 416) 63 839 - eevee 67 85; 37 676 i3 763 15 646 « 58: 3 466 30 175 1 794 26 38: : creer 67 2. 37 280 43 Sa. 15 64) « 496 3600) 29 950 1932; 20 118 49 639 20 945 M eee 65 114 35 929 40 098 4 512 3379| 29185] 1 745] 27 4a0 50 658 20 872| 20 786 “ eesee o4 753 35417]) 12 7st} 18 803 & 409 3 194/ «29 636] 1 753) 27 83 eee o' @ 46 61 787 33 245 11 966 13 657 437% 3 246 26 542 1710 26 632 137 911 53 541 84 400 oneeeeee 59 256 3 ii 324 13 468 4 124 3 O40 27 302 1 665 25 637 Cee 60 8 60 156 31 666 44 335 13 167 4 101 3 063 26 492 1 651 20 64: eceoeevrvece 61 468 32 180 11 676 13 237 #113 3 154 29 308 1 756 27 550 159 657 992! 103 665 sere eeee 64 397 33 832 12 109 13 906 4 soo 3 310 30 565 1 906 26 659 —eeewe@ 63 608 33 731 12 253 13 623 4“ 543 3 342 30 167 1 915 28 252 Peony 48 947 24 276 9 007 9 419 3 318 2496) 24671) 1 478! 23 197 37 807 12 958| 26 eso eoevevesr 49 862 24 5Se4 9179 9 S00 3 277 2 626 25 278 1 461 23 617 560 12 653 23 707 61 380 See er eee 167 451 107 155 #0 1 41 209 14 919 10 603 60 5S 445 74 651 130 150 70 276 68 674 Bocecsee 157 649 862 35 160 ss 13 128 o 419 68 987 “ 752 o4 255 120 253 59 336 60 917 Ses cease 130 485 70 970 306 21 612 10 957 7 695 5? S15 a 14 5S 369 100 256 #8 O11 52 245 “Se a 105 Se 271 25 560 15 S36 6 e75 ¢@ 500 #68 611 3 S52 “5 259 81 919 3@ 022 “3 697 See reer 87 614 45 4 20 933 ii 65; 7331 5 52> “2 176 3417 » O59 eo1 30 622 38 269 Se eee ee 65 616 3. 15 362 6 5 o26 4 305 32 231 2 259 29 972 “9 025 2i 333 27 692 MEARS+ © we ew 43 742 2i 719 9? 629 5 101 3871 2018 22 023 1 668 20 359 “6 773 20 236 26 537 See ee ee 23 655 11 6648 5 355 2 650 2 183 1 676 41 791 9268 10 663 DOVER ss os 13 745 7 oS: 3 146 1 547 1 331 1 027 6 698 526 6 168 7 #00 3 263 “437 See ee ee} 2 1ad 601 236/) 221 458) 245 307 76 O64 56317) #Si2 407) 3: 151| $61 296 838 008 337 820) S00 166 WN OVER « + + 234 372 119 457 54 625 29 O43 20 340 15 449) 114 915 a 106 421 172 0869 75 «se crs see eee 28.0 28.3 26.2 27.7 30.5 286-6 « 3002 2702 27-8 29.3 2661 ML AGES+ wo 1 571 139 872 400/| 352 985) 324 347 1086 962 86 106) 696 739/) 43 078) 655 661 1 306 394 605 637| 700 757 ecereee 35 4a; 20 663 9948 8 3526 2404 1 697 “ 908 13 830 27? 791 13 S20 1“ eee 35 691 20 776 7 671 6 6246 2 383 i eve 14 915 9790 43 “50 26 616 3 eee 35 243 20 036 3a2 6 399 2 331 1 9e8 45 207 e048 iT) es 3a 19 766 7 335 8 508 2 293 1 630 15 109 oe 14471 Se 732 26 060 32 672 . 34 559 19 168 7 066 8 O38 2 308 1 756 iS 391 a9 a4 472 34 1586 18 677 6 852 7 995 2 252 1 776 15 28: 901 14 380 25 372 10 599 “4 773 . 33 18 266 6 545 7? 667 2 48 1 708 14 616 eel 925 25 675 10 554 a5 121 . 32 17 912 6 456 7 538 2 263 1 653 14 983 Buu 14 139 . 31 467 16 650 6 OS7 © 960 2 225 4 606 14 617 ex 13 783 70 495 27 yao “> 146 . 30 221 16 181 5 751 6 795 2 085 1 550 “4 ese a3 186 . 30 712 46 170 5 735 677% 2 1 1 see a4 826 13 716 e 31 403 16 274 S 928 6 729 2 Ose 1533) 15 129 10 14 213 81 345 26 315/ 53 030 . 32 566 16 936 6 065 7 008 2 240 ‘= iS 630 926 704 . 32 16 932 6 126 © 901 2 253 1 6 a5 436 e72 14 404 . 24 42 241 4 562 “728 1 662 1 259 12 643 749 1) 69% 19 270 6 522 12 746 . 25 192 a 4 S02 4“ 766 1 660 1318 42 9246 732 12 192 18 567 6 366 12 183 . 2s 12 033 4 470 4% 627 1 660 1 276 13 193 748 12 445 37 221 12 698 26 523 . 26 216 12 768 5 337 + = 1 679 i = 13 Fn be = — ° 27 478 14 774 8 28: 35 1 220 i 42 1 So 792 28 365| 26 427 . 26 435 16 870 10 432 3 423 1 270 1 745 41 S65 495 11 070 . 27 753 17 196 10 979 3 474 1 230 4 515 10 555 452 40 103 20 736 13 «es 13 292 OVER + ee %21 302} «519 460) 241 297) 109175) 66 981} 52.016! 401 8331) 25 666/ 375 967 395 O11 937 . . 175 809 100 409 37 608 41 697 11 759 9 345 400 4 079 70 721 148 973 68 396 80 577 . . 161 625 68 ose 31 663/ 36 955 41 173 8 297 73737) 4 326) «69 415 121 582 48 502 73 080 . . 151 903 78 S25 26 416 32 138 10 330 7 639 73 380 «31 08 100 615 34 637 65 778 . . 132 Sa7 668 713 33 022 20 906 7 489 7 298 63 634 3 364 60 470 106 “> 467 63 135 . . 125 696 75 752 #0 421 21 157 7 O03 74171 ae 2 551 a7 395 422 701 63 403 5° 296 . . 104 237 62 213 25 185 23 6468 7 321 © 059 “2 O24 2 682 39 a2 116 466 62 692 53> 774 . . 110 594 65 165 25 152 26 08a 7 939 © 030 45 429 2911 “2 518 107 617 ST #16 SO 401 . . 415 972 69 559// 25 948) 29 OHO 8 476 6095) 46 413} 3 112) 43 301 99 50 78i| 4s 618 . . 106 Sar 62 Soo 21 993 27 219 7 805 5 492 43 632 2 %5 4O 867 ee 616 “2 793 42 023 . . os S52 634 19 S68 20 667 7 441 S 206 #1 150 2 663 38 467 69 519 248 35 275 . . 78 O74 4) 086 16 603 15 631 ois 4 518 34 968 227 32 714 Se 537 26 572 30 ef . . 63 395 33 265 14 016 10 553 4 986 3 710 © 128 1 934 26 194 49 612 22 728 26 68 . . 49 205 25 476 11 506 7 260 3 730 2 996 23 729 1 618 a2 441 3 592 17 206 22 oe . . 39 849 io 9 Oss 4 979 2 920 2 305 20 590 1 359 49 231 32 467 12 970 19 497 . . 26 627 13 165 6 108 3 116 2 160 1 785 15 462 908 16 498 22 660 6 609 14 05: . . 18 565 8 081 3 679 1 796 1 44s 1 163) 30 4ee 667 9 817 } 21 136 7838) 13 296 . . 9 327 4 039 1 773 867 760 639 5S 288 376 4912 . 5 193 2 266 993 47 421 378 2 927 28 2 709 2 8 1123 1 ea See sees S66 171 304 089// 111 996] 124 69) 38 261 29 141/ 262 082] 15 649! 206 433 426 918 170 617] 256 40: OVER . . 101 S61 “6 610 21 6048 11 230 7 706 6 270 S4 751 3 568 Si 163 79 225 3x» 4s 68s ceesvene 26.8 27.0 2601 27-0 29.6 2767 26.6 29.2 26-4 27.3 26.5 25.68 98 [fol. 85] [Pereent not shown where less than 0.1; percent and median not shown where base is less than Table 16.-AGE BY COLOR AND SEX, FOR THE STATE, BY SIZE OF PLACE, 1960, AND URBAN AND RURAL 1950—Con. 100. Males per 100 females not shown where number of ‘females is lem 1960 1950 URBAN RURAL AGEs COLOR+ ANO SEX URBANIZED AREAS OTHER URBAN PLACES | TOTAL OF OTHER TOTAL URBAN | TOTAL CENTRAL URBAN [PLACES OF |PLACES OF | TOTAL 14000 RURAL | CITIES FRINGE 109000 [2+500 TO To | OR MORE | 10+000 21500 | WHI TE--CONs FEMALE? ALL AGES+ «+ «| 14 571 304 694 343 983| 332 606) 124 531 93 466 | 676 498] 46 734| 629 764) 1 275 161] 617 55% UNOER 1 YEARs + oe ee # « 425 20 261 7 945 8 100 2319 1917 14 146 909 13 235 26 663 12 1 YEARe ew eee ee ee 34 345 19 836 7 451 6 137 233% 1 914 14 509 954 1 59 617 27% 2 YEARS + + + ee ee ee 34 123 19 479 7 227 8 125 2 296 1 633 14 644 693 13 751 S VEARRS so oe eo ee oe 33 242 18 762 6 905 7 621 2 328 1 726 14 460 885 13 575 Se 523 25 im YEARS + es ew eee 33 292 18 506 6 697 7 608 2273 1 730 14 784 675 13 909 H S YEARS + + + ee ee oe 33 072 18 403 6 689 7 646 2 246 1 622 14 669 931 13 738 24 467 10 am 6 Seeereesrens 32 030 17 661 6 395 7 431 2 164 1 671 14 369 654 13 515 24 983 10 Su! 7 YEARS + + + ee ee oe 31 858 17 205 6 255 7 265 2 146 1 541 14 653 909 13: 744 i 8 YEARS + eee 320 16 395 5 907 6 697 2 153 1 638 13 925 876 13 049 67 416 26 iw 9 YEARS + . 29 037 45775 . $73 6 673 2 039 1 490 13 262 809 12 453 | 10 YEARS+ 2 15 496 5 600 6 391 2 010 1 495 13 950 623 13 127 | 11 YEARS. 30 085 15 906 5 748 6 508 2 029 1 621 14 179 42 13 337 78 312 27 67 12 YEARS» + + eo * . 31 831 16 896 6 O44 6 900 2 269 1 683 14 995 980 13 955 13 YEARS + + ee ee ee 31 530 16 799 6 127 6 722 2 260 1 690 14 731 943 13 768 14 YEARSe «+ + ee ee ee 24 093 12 065 4 485 4 691 1 652 1 237 12 028 725 11 303 168 537 64% 15 YEARS e+ ee ee 24 670 42 316 677 4 712 1 617 4 310 12 354 729 41 625 17 993 om 16 YEARSe +e ee ee oe 24 12 479 4 752 4 608 4775 1 346 12 467 751 11 716 36 559 13 9” 17 YEARSe © + ee ee oe 25 167 12 665 4 987 4 473 1 893 1 512 12 302 e146 a, 468 18 YEARSe + + ee te ee 24 035 13 663 5 1865 3 623 2 817 2 036 10 372 088 9 684 40 904 20 019 19 YEARSe s+ ee ee ee 22 14 156 5 561 3777 2710 2 110 6 e01 6 255 20 YEARSe + + +e ee oe 21 898 13 461 S 547 3 926 2 190 1 798 8 437 504 7 643 20 10 640 21 YEARS AND OVER « + + « 954 865 556 377) 218 228; 200 774 79 O11 Se 3eu| 398 488) 29 349) 369 139 602 72:1) 4196 . 169 427 96 886 36 225 9 122 72 341 4 sie 68 025 142 623 6s . 156 317 85 439 30 817 8 162 70 878 4 379 66 499 116 866 ” . 146 985 77 4 26 004 7 726 69 625 4 313 65 510 9 849 Mi . 121 812 65 461 25 162 6 314 56 331 3 563 52 748 9S 456 rr) . . 106 427 65 059 26 144 7 787 a. 2 992 38 376 106 331 Se . . 103 241 60 589 22 571 6 204 42 652 2 895 39 «757 116 176 “ . . 1113 650 66 300 23 926 6 354 45 550 3 092 42 458 106 545 ss . . 120 666 73> 7768 26 156 6 365 46 666 3 465 43 423 96 506 *” . . 105 555 62 866 22 520 6 072 42 689 3 207 39 462 63 427 4a . . 93 467 54 321 20 616 5 515 39 146 2 762 36 384 69 631 » . e 79 :775 45 776 18 357 4 901 33 999 2478 3a S21 60 716 » . . 67 092 37 705 16 490 4 185 29 3867 2 212 27 175 oua 3 . . 679 30 797 13 974 3 602 25 062 1 934 23 148 42 327 20 . . 47 765 26 179 11 678 3 218 21 586 41 758 19 626 Be 426 7 . . 989 20 220 9 256 2 520 16 769 1291 15 476 26 365 un e 25 177 13 636 6 150 1 755 11 539 997 10 542 } 25 639 a . 44 328 7 625 3 582 1 037 6 503 552 5 951 ° 8 552 4 785 2 153 49 3 767 308 3459 4 436 2: eee 547 5Si2 297 187 109 462 20 29 176| 250 365 45 502} 234 863 411 090 167 IND OVER » + « 132 811 72 647 33 021 17 613 12 634 2179 60 164 4 906 55 256 92 664 a“ MEDIAN AGEs + we eo ee ol 2967 26 2863 dies 2965 2662 Biel 28.0 2664 NONBHITE TOTAL+ ALL AGES « « 624 437 707) 298 455 “7 119 59 414 32.719| 386 799]) 19 113) 367 686 737 125) (337 UNOER 1 YEARe «+ se ee oo 22 787 11 604 8 081 1 392 4 483 ous 10 983 543 10 440 17 Sia ? 1 ee 23 094 12 094 8 394 1 402 1 465 633 41 000 558 10 442 37 657 1s 2 oe 22 735 11 614 6 182 1 398 1 404 790 10 921 506 10 413 3 . 22 041 41 557 7 660 1 351 1 492 634 10 467 10 017 34 514 ey 4 . 22 367 ub 8 007 1335 1 470 777 10 778 498 10 280 5 . 22 266 41 432 7 616 1 316 1 455 ous 10 654 496 10 358 15 999 6 6 . 21 069 30 75) 7 300 1 220 1 454 777 40 318 496 9 822 16 208 6 7 eeeee . 21 331 10 679 7319 4 182 1 426 752 10 652 496 10 156 8 cere eeee 19 965 9 986 6 755 1 090 4 366 775 9 979 487 9 492 45 795 ” 9 a a ee 19-795 9 707 6 455 4077 1 399 7176 10 068 475 9 613 u ee 19 355 9 489 ¢ 370 1 046 4317 756 9 866 468 9 398 1k YEARSe ee ee ee ee 18 752 9 142 6 107 1 339 720 9 610 424 9 186 Se 709 2 12 YEARSe + se ee ee ee 18 639 8 994 6 016 1 274 74. 9 64s 435 9 210 oeeereee te O41 667 5 240 1 126 oes 9 374 8 680 eevee eee 45 243 6 972 4 661 1 026 584 8 271 350 7 928 13 439 ‘ ee eereee 14 994 6 759 4 556 947 552 8 235 334 7 901 12 647 ‘ eee ree 14 742 6 734 4 393 1 064 568 8 008 340 7 668 26 192 , see eres 14 663 6 997 4 618 4 O46 640 7 866 367 749 . 13 426 6 451 4 204 677 666 6 975 331 6 644 25 295 , . 42 023 6 082 401s 782 674 5 9a, 294 5S o4a7 . 11 338 5 955 3 984 6 716 639 5 363 204 5 09 12 5 . 436 720 244 632|) 166 042 25 877 33 446 17 467/ 191 868] 10 161 800 422 670) 218 . 4143 024 656 40 S44 6 7 354 4 062 54 166 2574 51 592 89 682 ” . 104 446 $2 555 35 645 5 7 100 3 925 Si 891 2 450 44. 78 002 » . 86 930 464 26 394 . 6 082 3 466 46 446 2 051 44 395 70 146 3 . 70 048 33 023 21 e46 3 4 716 3 120 37 025 1 666 35 359 64 334 a 20 7 . 52 635 28 073 19 251 3 3414 2 341 24 562 1 186 23 376 62 374 rs] 2s . 49 649 27 19 302 3 3 456 1 912 21 800 1 036 20 764 62 050 x» 30 . 52 050 »” 20 915 3 3 670 1 8869 21 628 1 169 20 659 54 154 ra] 3 ” . 54 276 32 173 239 3 4 153 2 112 22 103 4221 20 662 $2 112 40 a4 . 468 975 26 700 19 646 3 3 602 4 913 275 1 186 19 129 43 008 » as ag 45 015 25 661 17 6546 2 3 580 1 870 19 156 1 040 e114 38 049 2 50 su 494 200 13 637 2 2991 1 S46 15 2946 783 14 Sil 34 196 av 55 so 31 186 17 464 ul 1 2 619 1 3048 13 724 804 12 920 25 846 a. 60 ou . 24 178 13 298 9 149 i 2 008 948 10 880 628 10 252 20 737 * 65 TO 69 YEARS» « + + + « 22 584 41 633 7 978 1 789 696 10 951 557 10 394 18 636 ‘ 70 TO 74 YEARSe « + © + « 15 364 7 634 5 076 1 276 661 7 730 376 7 352 4a 531 ‘ 75 TO 79 YEARSe » w+ + « 9 301 4 408 2 946 670 409 4 693 230 663 } 10 064 , 60 TO 64 YEARS+ » » + + « 4 397 1 946 1 280 295 161 2 451 a5 2 336 85 YEARS AND oeee 2 952 1 326 e4ue 239 124 1 626 "9 1 547 2 164 UNDER 16 YEARS+ » + + + 6 350 999 174 367|) 118 150 19 3571 23 593 13 273| 176 612 6 110) 168 496 276 87) sor 65 YEARS AND eee Sa 598 26 947 18 12 2279 4 269 2271 27 651 1 35 26 292 42 435 ” MEDIAN AGEs + sw eo ee ee 2364 25-7 25+9 24-8 2665 2367 2068 2344 20.7 25-3 a Virgini 1 59 #6—AGE BY COLOR AND SEX, FOR THE STATE, BY SIZE OF PLACZ, 1960, AND URBAN AND RURAL RESIDENCE, 950—Con. past ost chown where lees then 6.1; paresnt and median net chown where kaso is lass then 168. Makes per 100 females not shown where number af females is less than 100] 1960 1950 URBAN RURAL URBANIZED AREAS OTHER URBAN PLACES Cae OO Gx voTAL oF OTHER TOTAL URBAN RURAL ToTa. | CENTRAL | URBAN ACES OF ToTm | 11000 | Ruma CITIEs | FRINGE | 10,000 |2+s00 To To 10*000 2+500 A cintieeenece par TE==CON» bs ML MGESs 6 oo 210 5497 143 507| 23 51%| 27 878| 15 650| 197 600 168 450 saz} 161 321| 207 S01 tess oo 6 5 897 @ 037 689 #16) 5 430 5 186 8 656 377%6| 4 878 aes + 6.06 $973) 4 15: 708 717 400} 5 608 5 320 19 127 @ 067} 11 060 Kaige 6 022 # 153 713 7a1 41s 5 519 5 252 ; eel 5 624 3 641 650 708 425; 5 283 5 026 17 208 #304] 10 608 ie. 5 776 3 957 662 767 390| 5 401 5 155 : vives 3 722 3 936 eau 721 21 5 438 S 182 ® 100 3102} 4 998 : eee 5 389 3 685 587 718 399| 5 286 4 992 8 108 3 os2 S 022 , pape neh 5 314 3 639 595 716 Jou 5 379 5 130 ie ey 5 006 3 335 560 403} 5 028 “778 22 659 e787] 18 442 es ree a" 9 4 e48 3 206 535 ut 396| 5 125 & 883 . Aa ae 9 4 701 3 096 540 659 #06} 5 O10 & 763 oe 9 4 579 3 013 506 692 3e8| 6 859 « 637 28 505 10 146] 18 359 ee 9 4 453) 2 977 306 620 350 5 005 & 780 PUet¢ 0a 6 8 3636) 2 515 427 526 3e8} 4 502 & 368 Neh 2 © 6.6 7 3415) 2 277 331 521 2e6| 4 269 & 096 748 2386] & 402 DORE Ge 83 ¢ 7 531 3 296 2 217 359 460 260/ 4 235 4 O71 6 S22 225¢| 6 166 aige.g'4 4 9 7 351 3235] 2 106 343 516 270, # 116 3 950 12 962 4623) 8 359 Dang e669 7 367 3 351 2 203 342 505 301 4 O16 3 61 ip Chetan 6 876 3 161 2 092 349 436 306] 3 695 3 529 12 630 4 461 8 169 DUP h ss 0 06 5 942 2791 1 639 303 365 200 3 151 3 016 Ske 6 060 5 736 2 646 1 906 322 317 301 2 890 2 770 5 912 2 273 > 639 MOWER we es 213 763) 115 204] 79326) 12 45 001 @ 121] 98 469 93 777 211 571 101 638| 100 933 A 56 493 29 292] 20 130 3 419 3688} 2086) 27 201 308| 25 697 aa 989 18 647| 26 342 Deo ole 6 52 50s 26 279) 17 801 2 921 3 576 1 983 226 1 261| 24 965 39 063 14 931) 26 132 YURSs os eee 44 669 13.678} 2 310 3 018 1 778 685) 1 041) 22 ae 35 253 12 22 761 be 35 067 15 654) 10 457 1696] 2 280 1421} 19 213 616) 18 397 32 038 u 20 696 WMS. oe es 26 360 13359] 9 208 1 522 1 509 1124] 43 001 $40] 12 461 30 856 13195) 17 661 WURSs ose ee 23 934 12 645 8 952 1 516 1 Soe 667| 11 089 457/10 632 3a 272 15.773| 15 499 Mose s-s 24 952 13 974]) 9 744 1 707 1 686 837| 10 978 539} 10 439 27 183 13 968/ 13 215 WMSs ss eee 26 617 15 335]] 10 $76 1 849 1 935 975| 11 282 609} 10 673 26 015 13 200| 12 726 TUS os eee 24 376 13 615|| 9 470 1 634 1 757 954} 10 561 $50} 10 O41 2 11 161] 10 487 WR. ss ee 22 646 12 515) 8 S46 1 407 1 652 910| 10 129 477 9 652 18 515 9 510| 9% 00s aS «00% 17 786 9 705/) 6 551 1 027 1 397 730| 8 081 372 7 709 16 798 Py 8 301 YS ss eee 15 258 8 231 5 562 617 1 217 615] 7 027 371 6 656 13 209 6088) 7 16: ee 11 505 6 238) 60s 879 426] 5 267 267 & 980 10 626 #477; 6 is; YRS. eee 10 853 5 338]} 3 696 490 768 yoo} 5 S15 250 5 265 437 ose se9 Mcececes 7 417 3 492 2 375 292 529 296 3 925 172 3 753 3 907 2116] = 3 79 ee 4 439 1 916 1 202 166 288 100} 2 523 105 2 418 5 O91 1727/3 368 Mscco 6 2 016 835 Sou 93 112 6 1 181 aa 1 137 WO WER ses 1 342 $42 362 7 rr 62 800 ” 71 920 yoo 622 MS). 5 175 916 437]| se 3500 9694) 41 761 6 638/ 99470] 4121] 6s 138 709 52 949| 85 760 io OVER « 26 067 12 123] 8 279 1 082 1 778 ees) 13 610} 13 336 21 363 7997) 13 366 ede 22.9 24.8 2502 24.6 26.6 22.7 21-0] 2168 20.9 25.8 20.2 22.8 ALL AGES+ » 416 273] 227 i58]] 154 948 605/ 31 536] 17 069] 189 115]] 9 679] 170 236] 368 303) 175 921| 192 e682 aN 3 1 5 907 & O48 703 728 432 3 553 259 5 2% 6 8s7 eco; a 988 ° i! 11 513 6 121 & 243 697 748 433| 5-392 270 5 122 18 530 7 985| 10 68s - ‘ 11 194 5 792 4 029 68s 703 375| 5 402 241 5 161 £ ’ 11 176 5 933]) 4 0390 701 780 40e} 5 281 208 & 993 17 306 6 998/ 10 312 ° ’ 11 190 5813) 4 050 673 703 387 5 377 252 5 125 o ¢ 1h 126 5 710]| 3 880 672 738 420 5 §16 240| 5 176 7 999 3036) 6 663 3 10 424 S 362 3 615 633 736 378| 5 062 232| = & 830 8 108 3 232 « 672 ° ° 10 638 5 365 3 680 $87 710 3ee| = 5 273 207 $ 026 : a 9 931 4 980 3 420 530 658 372 4 951 237 4 714 22 936 @ eas) 16 O92 . twee 9 622 4 059 3 289 $42 688 300] 4 963 233 4 730 - ssee 9 648 4 788 3 278 $06 658 350/44 856 221 & 635 5 raer 9 318 4 563 3 090 470 647 352 4 751 202 4 549 28 208 20 581/17 653 > aves 9 161 4 541 3 030 457 ose 391 4 680 210} & 430 A aay 8 563 4 051 2 725 409 600 317 ® Siz 200] & 312 ° eee 7 559 3 557 2 308 370 505 298| 4 002 177 3 a2s © 6m 2920) «#171 > ahite 7 463 3463]/ 2 330 348 a7 292 4& 000 170 3 830 6 425 2406) 4 019 ° oe 8a 7 391 3 499 2 287 346 sas 318 3 892 178 3 718 13 210 5 201 . 2 ne ea 7 496 3646] 2 41s 351 541 339 3 850 182 3 es " ieee 6 550 3 270]) 2 172 295 4a3 360 3 280 165 3 115 12 66s Sass| 7 210 ee 6 061 3 291 2 176 308 417 390] 2 790 159 2 631 ‘ wee $ 602 3 109 2 078 294 399 338] 2 493 164 2 329 6 377 ou3| 3 438 seals 222 957] 129538) 08 716) 13.031) 18 44S} 9 346] 93 a19]] $396) 08 023! 211 090) 112 oas| 90 ive Ete «-d-6 $6 531 29 566// 20405} 3459] 3 666) 2036| 26965] 1 270] 25 oes 4a 693 18 708) 25 985 ere $1 941 26 276/| 17 eae 2 3 526 1942} 25 665/) 1 1869) 26 476 36 939 15 122] 23 827 eeeee 4a 261 21 500] 16 sis 2 212 3 064 1 708| 22 761/) 1010) 2: 754 3 695 13071) 21 eae os 0.08 3s 981 17 169] 11 380 1645; = 2 436 1690) 17 e12 650 32 3062/ 19 238 TAGE Be 26 275 14 714]] 10 047 1 545 1 905 1217] 43 S61 ese] 10 915 31 Sis 15 650] 15 ee sees 25 715 15 004]] 10 350 1 661 1 oa8 1045/40 711 579/ 10 132 30 778 17 288/ 13 990 EWE es 27 098 46 246]) 11 171 1 eas 2 188 1052] 10 850 €30/ 10 220 26 971 4S 200) 11 771 Wet ee 27 659 16 638 ]] 11 663 1620} 2 218 1437] 10 641 612} 10 209 26 097 18 861; 11 236 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0241%3A1. Public record. Not legal advice.