Appendix — Turner v. Fouche
Supreme Court brief1970
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INDEX
PAGE
Relevant Docket Entries 1
Complaint 4+
Order Appointing Three-Judge Court 18
Motion to Dissolve Three-Judge Court 19
Request for Admission of Facts by the Defendants
W. W. Fouche, et al. 20
Interrogatories to Defendants Jones, et al. .................... 23
Interrogatories to Defendants Fouche, et al. ~.............. 28
Jnterrogatories to Defendants Moore, et al. .................. 30
Answers of Defendants E. C. Moore, et al. to Plain-
tiffs’ Interrogatories 33
Response of Defendants Fouche, et al. to Plaintiffs’
Request for Admission of Facts 38
Answer of Defendants W. W. Fouche, et al. to Inter-
rogatories of Plaintiffs 41
Answer of Defendants Cranston Jones, et al. to In-
terrogatories of Plaintiffs 45
Exhibit “A” Annexed to Answers of Defendants Jones,
et al. 52
ii
PAGE
Jury Lists . ; 53
Motion to Intervene by State of Georgia 64
Order Allowing State of Georgia to Intervene ............ 65
Defenses and Answer of Defendant-Intervenor ...........- 66
Order Dismissing Defendant Grand Jurors ............-------- 71
Motion to Intervene as Additional Parties-Plaintiffs .. 72
Order Granting Intervention 73
Report to the Court of Counsel for the Remaining
Defendants 74
Defendants’ Exhibit 1 81
Affidavit of Ralph W. Golucke 83
Report to the Court in Behalf of Defendant Jury
Commissioners oie ee
Responsive Pleading of Remaining Defendants ............ 90
Transcript of Proceedings (January 23, 1968) ..........-- 93
Transcript of Proceedings (February 23, 1968) -......... 264
Opinion and Order 397
Final Judgment ; 406
Order of the Supreme Court of the United States ........ 408
——
{ Relevant Docket Entries
4
: Filed
Complaint : November 14, 1967
Order Appointing Three-Judge
Court .. November 24, 1967
_ Special Plea of Cranston Jones, et al. December 11, 1967
Motiot to Dismiss of Defendants
Moore, et al. Ricctcninan December 11, 1967
Motion to Dismniss of Defendants
Fouche, et al. December 11, 1967
Motion to Dismiss of Defendants
Jones, et al. December 11, 1967
Motion to Dismiss Under Rule 12(b) December 11, 1967
Motion to Dissolve Three-Judge
Court December 11, 1967
Notice to State of Georgia _........... December 12, 1967
Motion of Defendants Under Rule
12(b)1 and 12(b)2 December 14, 1967
Motion of Defendants Under Rule
12(e) December 14, 1967
Motion Under Rule 12(f) ......00... December 14, 1967
Requests for Admission of Facts ..... December 19, 1967
Interrogatories to Defendants Jones,
et al. December 21, 1967
Interrogatories to Defendants
Fouche, et al. December 21, 1967
Interrogatories to Defendants Moore,
et al. ‘te
Answers of Defendants Moore, et al.,
to Interrogatories
Response of Defendants to Admis-
sions
Answers of Defendants Fouche, et
al., to Interrogatories .....................-..
Answers of Defendants Jones, et al.,
to Interrogatories
Motion to Intervene by State of
Georgia
Order Dismissing Defendant Grand
Jurors
Transcript of Hearing of January
23, 1968
Motion for Partial Summary Judg-
ment by Defendauts
Order Allowing State of Georgia to
Intervene
Motion to Intervene Additional Party
Plaintiffs and Order Allowing
Same
Defendants Exhibit I, II and III ......
Report to the Court in Behalf of
Defendant Jury Commissioners ....
Filed
December 21, 1967
January 10, 1968
January 10, 1968
January 10, 1968
January 10, 1968
January 17, 1968
January 31, 1968
February 7, 1968
February 12, 1968
February 23, 1968
1968
1968
February 23,
February 23,
April 19, 1968
cs
Sk ka IN A dene aS Bian De
— a9
3
Filed
Order on Pending Motions ................ June 5, 1968
Responsive Pleadings on Remaining
Defendants June 10, 1968
Opinion and Order of Three-Judge
Court os ; August 5, 1968
Final Judgment September 19, 1968
Notice of Appeal Filed ...................... October 14, 1968
A Transcript of Proceedings on
February 23, 1968 filed -.................. November 18, 1968
4
Complaint
IN THE
UNITED STATES DISTRICT COURT
For tHe Sovrnern District or GEorcia
Avevusta Division
Civil Action No. 1357
—<>—$
Catvixs Turner, and Sanpra Juanita TURNER, @ minor by
Calvin Turner, her father and next friend, and all
others similarly situated,
Plaintiffs,
—_—Vi—
W. W. Fovucue, Rastus Duruam, and Exmo Bacon, Indi-
vidually, and as representatives of the class of persons
known as Grand Jurors of Taliaferro County, Georgia;
Cranston Jones, W. A. Drinkarp, Cart CHAPMAN,
H. E. WituiaMs, Jr., and Mrs. Witz Mar Famprovcs,
Individually, and as Members of the Board of Educa-
tion of Taliaferro County, Georgia; E. C. Moore, Guy
Beazer, J. M. Tayior, L. T. Luncerorp, and CLARENCE
Grirritu, Individually, and as Jury Commissioners of
Taliaferro County, Georgia,
Defendants.
~—i-—_—
L
PARTIES
A. Plaintiffs
1. Plaintiff, Calvin Turner, is a Negro citizen of the
State of Georgia and a citizen of the United States, re-
5
siding in Taliaferro County, Georgia. He is a registered
voter and the father of children attending the schools of
Taliaferro County, Georgia. He sues on behalf of him-
self and his children as well as all Negro residents of
Taliaferro County, Georgia, similarly situated, which
class is too numerous to bring before this Court.
2. Sandra Juanita Turner, is a Negro citizen of the
State of Georgia and a citizen of the United States, re-
siding in Taliaferro County, Georgia. She attends a
school that is part of the County School System of Talia-
ferro County, Georgia. She sues on behalf of herself and
all Negro school children of Taliaferro County, Georgia,
similarly situated, which class is too numerous to bring
before this Court.
B. Defendants
3. Defendants, W. W. Fouche, Rastus Durham, and
Elmo Bacon, are white citizens of the State of Georgia
and of the United States, residing in Taliaferro County,
Georgia. They are registered voters and Members of the
Grand and Traverse Juries of Taliaferro County, Georgia.
They are sued individually, and in their capacities as
Grand Jurors of Taliaferro County, Georgia.
4. Defendants, Cranston Jones, W. A. Drinkard, H. F.
Williams, Jr., Carl Chapman, and Mrs. Willie Mae Fam-
brough, are white citizens of the State of Georgia and
of the United States, residing in Taliaferro County,
Georgia. They are all Members of the Board of Educa-
tion of Taliaferro County, Georgia, chosen for the posi-
tions by the Grand Jury of said county. They are sued
individually, and in their capacities as Members of the
Board of Education of Taliaferro County, Georgia.
i
5. Defendants, E. C. Moore, Guy F. Beazley, J. M.
Taylor, L. T. Luneeford, and Clarence Griffith, are white
citizens of the State of Georgia and of the United States,
residing in Taliaferro County, Georgia. They are all Jury
Commissioners for said county, chosen by the Honorable
Robert L. Stephens, a white citizen of the State of Georgia
and of the United States, residing in McDuffie County,
Georgia, Superior Court Judge for the Toombs Judicial
Cireuit. They are sued individually, and in their capaci-
ties as Jury Commissioners for Taliaferro County, i
Georgia. i
thie ra Bis
II.
JURISDICTION
6. The jurisdiction of this Court over the complaint
arises under Title 28, United States Code, Sections 1331
(a), 1343(3) and (4), 2201, 2202, 2281, and 2284; Title 42,
United States Code, Sections 1981, 1983, 1988, 1994, 2000d,
and 2000e; and the Constitution of the United States,
and more particularly, the Fifth, Ninth, Thirteenth, Four-
teenth, and Fifteenth Amendments thereto.
7. The amount in controversy, exclusive of interest and
costs, exceeds the sum or value of Ten Thousand ($10,-
000.00) Dollars.
III.
Cause or ACTION
8. The defendants herein, under color of certain laws
of the State of Georgia, have purposefully pursued a cus-
tom, practice, or usage, jointly and severally, and with
r.:
7
other persons to the plaintiffs unknown, to subject or
cause to be subjected the plaintiffs, citizens of the United
States, to the deprivation of rights, privileges and im-
munities, secured to them by the Constitution and laws
of the United States.
9. Pursuant to this custom, practice, and usage, the
defendants, for the purpose of depriving, either directly
or indirectly, the plaintiffs and the members of the class
which they represent of equal educational opportunities,
have chosen and continue to choose, solely on the basis
of race, all-white members on the Board of Education of
Taliaferro County, Georgia.
10. Plaintiffs and other Negro citizens have made every
effort to communicate their dissatisfaction with the schools
of Taliaferro County to the defendants, but to no avail.
The schools of Taliaferro County are integrated in name
only: those who attend the county schools of Taliaferro
County, Georgia, are all-Negro; all the white students
presently residing in Taliaferro County, Georgia, attend
either a private school set up expressly for the purpose
of avoiding the integration compelled by the Constitution
and laws of the United States, or schools outside the
county. Among those white children attending said private
school or schools outside the county are children of the
named defendants.
11. Defendants have chosen and threaten to continue
to choose an all-white school board to superintend the
all-black public schools of Taliaferro County, Georgia
_ pursuant to a number of State Constitutional statutes or
provisions:
Cet hgh hen
8
(a) Article VITI, Section V, paragraph I, of the Con-
stitution of the State of Georgia of 1945 (2 Ga. Code
Ann., Sec. 6801), which provides that:
“2.6801. Paragraph I. Establishment and maintenance;
board of education; election, term, etc.—Authority is
granted to counties to establish and maintain public
schools within their limits. Hach county, exclusive of
any independent school system now in existence in a
county, shall compose one school district and shall be |
confined to the control and management of a County :
Board of Education. The Grand Jury of each county
shall select from the citizens of their respective coun-
ties five freeholders, who shall constitute the County
Board of Education. Said members shall be elected
for the term of five years except that the first election
of Board members under this Constitution shall be |
for such term that will provide for the expiration of
the term of one member of the County Board of Edu-
cation each year. In case of a vacancy on said Board
by death, resignation of a member, or from any other
cause other than the expiration of such member’s term
of office, the Board shall by secret ballot elect his
suecessor, who shall hold office until the next Grand
Jury convenes at whigh time the said Grand Jury
shall appoint the suec®Ssor member of the Board for
the unexpired term. The members of the County
Board of Education of such county shall be selected
from that portion of the county not embraced within»
the territory of an independent school district.
The General Assembly shall have authority to make
provision for local trustees of each school in a county
system and confer authority upon them to make
9
recommendations as to budgets and employment of
teachers and other authorized employees.”
Said constitutional provision of the State of Georgia is
unconstitutional under the Equal Protection and Due
Process of Law Clauses of the Fourteenth Amendment of
the Constitution of the United States, and the Thirteenth
Amendment thereto, on its face and as applied by reason
of the systematic and long continued exclusion of Negroes
and non-freeholders as members of the Board of Educa-
tion, and the total exclusion or limited inclusion of mem-
bers of the Negro race on the selecting grand juries.
(b) Sections 902, 902.1, 903, and 905, 32 Georgia Code
Annotated, which provide that:
“32-902. Membership in County boards.—The grand
; jury of each couaty (except those counties which are
under a local system) shall, from time to time, select
from the citizens of their respective counties five
freeholders, who shall constitute the county board of
education. Said members shall be elected for the
term cf four years, and shall hold their offices until
their successors are elected and qualified. Provided,
however, that no publisher of schoolbooks, nor any
agent for such publisher, nor any person who shall
be pecuniarily interested in the sale of schoolbooks,
shall be eligible for election as members of any board
of education or as county superintendent of schools:
Provided, further, that whenever there is in a portion
of any county a local school system having a board
of education of its own, and receiving its pro rata of
the public school fund directly from the State Super-
intendent of Schools, and having no deaungs what-
10
ever with the county board of education, then the
members of the county board of education of such
county shall be selected from that portion of the
county not embraced within the territory covered by
such local system.” (Acts 1919, p. 320.)
“39_902.1. Selection of board members by grand jury.—
The members of the county boards of education in
those counties in which the grand jury selects such
members pursuant to Article VIII, Section V., Para-
graph I of the Constitution of Georgia of 1945, as
amended (Sec. 2-6801), shall be selected by the last
grand jury immediately preceding the expiration of
the term of the member that the member to be se-
lected will replace.” (Acts 1953, Nov. Sess., p. 334.)
“39.993. Qualifications of members.—The grand jury
in selecting the members of the county board of edu-
cation shall not select one of their own number then
in session, nor shall they select any two of those
selected from the same militia district or locality, nor
shall they select any person who resides within the
limits of a local school system operated independent
of the county board of education, but shall apportion
members of the board as far as practicable over the
county; they shall elect men of good moral character,
who shall have at least a fair knowledge of the ele-
mentary branches of an English education and be
favorable to the common school system. Whenever
a member of the board of education moves his resi-
dence into a militia district where another member
of the board resides, or into a district or municipality
that has an independent local school system, the
member changing his residence shall immediately
11
cease to be on the board and the vacancy shall be
filled as required by law. Notwithstanding the fore-
going provisions to the contrary, a county may pro-
vide by local law that two or more members of the
board of education may be selected from the same
militia district.” (Acts 1919, pp. 288, 321; 1965, p.
124.)
“32-905. Certificate of election; removal; vacancies.—
Whenever members of a county board are elected or
appointed, it shall be the duty of the clerk of the
superior court to forward to the State Superintendent
of Schools a certified statement of the facts, under
the seal of the court, as evidence upon which to issue
commissions. This statement must give the names of
‘the members of the board chosen and state whom they
succeed, whether the offices were vacated by resigna-
tion, death or otherwise. The evidence of the election
of a county superintendent of schools shall be the
certified statement of the secretary of the meeting of
the board at which the election was held. Any mem-
ber of a county board of education shall be removable
by the judge of the superior court of the county, on
the address of two-thirds of the grand jury, for in-
efficiency, incapacity, general neglect of duty, or mal-
feasance or corruption in office, after opportunity to
answer charges; the judges of the superior courts
shall have the power to fill vacancies, by appointment,
in the county board of education for the counties
composing their respective judicial circuits, until the
next session of the grand juries in and for said coun-
ties, when said vacancies shall be filled by said grand
juries.” (Acts 1919, p. 322.)
“y
12
Each of said statutes is unconstitutional under the Equal
Protection and Due Process of Law Clauses of the Four-
teenth Amendment of the Constitution of the United
States, and the Thirteenth Amendment thereto, on its face
and as applied, by reason of the systematic and long con-
tinued exclusion of Negroes, the uncertainty, vagueness,
and ambiguousness of the standards set forth therein, and
by reason of the total exclusion of non-freeholders as
Members of the Board of Education of Taliaferro County.
(c) Section 101, 59 Georgia Code Annotated, which pro-
vides that:
“59-101 (813 P. C.) Jury commissioners; appointment;
number; qualifications; terms; removal.—There shall
be a board of jury commissioners, composed of six
discreet persons, who are not practicing attorneys at
law nor county officers, who shall hold their appoint-
ment for six years, and who shall be appointed by the
judge of the superior court. On the first appointment
two shall be appointed for two years, two for four
years, and two for six years, and their successors shall
be appointed for six years. The judge shall have the
right to remove said commissioners at any time, in
his discretion, for cause, and appoint a successor:
Provided, that no person shall be eligible or appointed
to succeed himself as a member of said board of
jury commissioners.” (Acts 1878-9, p. 27; 1887, p. 52;
1901, p. 43; 1935, p. 151.)
Said statute is unconstitutional, under the Equal Pro-
tection and Due Process of Law Clauses of the Fourteenth
Amendment of the Constitution of the United States, and
the Thirteenth Amendment thereto, in that, the standards
set forth therein for qualification and eligibility as a jury
_—
13
commissioner are so vague, indefinite and uncer «> »nd
by reason of the total exclusion of members of the Negro
race from service as jury commissioners in Taliaferro
County.
(d) Section 106, 59 Georgia Code Annotated (Ga. Laws
1967, Vol. 1, p. 251) which provides that:
“09-106. Immediately upon the passage of this Act and
thereafter at least biennially, or, if the judge of the
superior court shall direct, at least annually, on the
first Monday in August, or within sixty (60) days
thereafter, the board of jury commissioners shall com-
pile and maintain and revise a jury list of upright
and intelligent citizens of the county to serve as
jurors. In composing such a list they shall select a
fairly representative cross-section of the upright and
intelligent citizens of the county from the official regis-
tered voters’ list which was used in the last preceding
general election. If at any time it appears to the jury
commissioners that the jury list so composed, is not a
fairly representative cross-section of the upright and
intelligent citizens of the county, they shall supple-
ment such list by going out into the county and per-
sonaily acquainting themselves with other citizens of
the county, including upright and intelligent citizens
of any significantly identifiable group in the county
which may not be fairly represented thereon.
After selecting the citizens to serve as jurors, the
jury commissioners shall select from the jury list a
sufficient number, not exceeding two-fifths of the whole
number, to serve as grand jurors. The entire number
| first selected, including those afterwards selected as
grand jurors, shall constitute the body of traverse
14
jurors for the county, to be drawn for service as pro- |
vided by law, except when a name which has already
been drawn for the same term as a grand juror shall
also be drawn as a traverse juror, such name shall be 4
returned to the box and another drawn in its stead.” |
Said statute is unconstitutional, under the qual Protec-
tion and Due Process of Law Clauses of the Fourteenth |
Amendment of the Constitution of the United States, and |
the Thirteenth Amendment thereto, by reason of the un- 4
certainty, indefiniteness, vagueness, of the standards set |
forth therein for service as grand and traverse jurors, |
and by reason of the token inclusion of members of the
Negro race from grand and traverse jury service in Talia- :
ferro County. J
12. The jury commissioners of Taliaferro County, |
Georgia, who are empowered by law to choose the members |
of the grand and traverse juries of said county, are all
white. There has never been, within recent memory, 4
Negro jury commissioner in Taliaferro County, Georgia.
The jury commissioners are chosen by the Judge of the
Superior Court of Taliaferro County, Georgia. Said judge,
the Honorable Robert L. Stephens, is white.
13. There are 2,097 Negro residents in Taliaferre
County, Georgia, of whom 979 are over the age of 21
years, including 435 males and 544 females.
14. There are 1,273 white persons resident in Taliaferro} —
County, Georgia, of whom S77 are over the age of 21 years.J
ineluding 395 males and 482 females.
15
15. There are 1,172 members of the Negro race enrolled
as registered voters in Taliaferro County, Georgia, and
hence eligible for service on the grand and traverse juries
of said county.
16. There are 1,053 white persons enrolled as registered
voters in Taliaferro County, Georgia, and hence eligible
for service on the grand and traverse juries of said county.
17. White persons are grossly over-represented on the
grand and traverse jury lists of Taliaferro County, Georgia,
as chosen by the all-white jury commissioners, while Ne-
groes are grossly under-represented. é
18. Plaintiffs allege that as a result of defendants’ con-
duct, they and the members of their class are unable to
enjoy the full and equal benefit of public education in
Taliaferro County, Georgia, free of discrimination or seg-
regation because of their race or color. The policy, cus-
tom, practice, and usage of the defendant school board
has been such as to deprive the plaintiffs and members
of their class of textbooks, facilities, laboratories, recrea-
tion facilities, teaching programs, bus transportation, and
a multiplicity of other advantages which should rightfully
be theirs as the intended beneficiaries of laws of the United
States providing for equal educational opportunities with-
out regard to race or color or previous condition of servi-
tude. The deprivation of such advantages means that the
minor plaintiffs are ill-equipped to advance in the modern
world, and must needs become peons in the hands of the
white entrepreneurs of said county.
16
IV.
Equity
19. Unless this Court restrains the enforcement, opera-
tion, and execution of the aforesaid void, unconstitutional,
and illegal state statutes, which statutes are void and
illegal on their face and as applied herein, in that, they
violate the Constitution of the United States, and in par-
ticular, the Fifth, Ninth, Thirteenth, Fourteenth, and Fif-
teenth Amendments thereto. These statutes violate the
fundamental guarantees of due process of law in that they
are vague and indefinite, and as such lead to the denial
of equal protection and due process to all persons of all
races and sexes. Moreover, said statutes and constitutional
provisions impress plaintiffs and the class which they rep-
resent with badges of slavery and the indica of the pre-
vious condition of servitude of their ancestors.
20. Plaintiffs have no adequate remedy at law. Plain-
tiffs pray that they, for themselves, and for members of
the class which they represent be awarded ancillary money
damages in the amount of $500,000.00 to compensate them
for past deprivations and denials of their federal con-
stitutional and statutory rights, privileges, and immunities
by the defendants or some of them.
Wuenrerore, plaintiffs pray for the following relief :
(1) That pursuant to Title 28, United States Code, Sec-
tions 2281 and 2284, a three-judge federal district court
be immediately convened to hear and determine this pro-
ceeding ;
—
17
(2) That a preliminary and permanent injunction issue
restraining the defendants, their agents, attorneys, and
successors in office, from the enforcement, operation, or
execution of Sections 2-6801, 32-902, 32-902.1, 32-903, 32-
905, 59-101 and 59-106, Code of Georgia Annotated;
(3) That a declaratory judgment issue declaring and
adjudging Sections 2-6801, 32-902, 32-902.1, 32-903, 32-905,
59-101, and 59-106, of Georgia Code Annotated void on
their face, null and void as violative of the Constitution of
the United States, and/or as applied by the defendants
herein ;
(4) That the memberships of the County Board of Edu-
cation of Taliaferro County, Georgia, be declared vacant;
(5) That a receiver be appointed to operate the Talia-
ferro County, Georgia, County School System pending the
selection of new county school board officials on a con-
stitutionally acceptable basis;
(6) That the present membership of the Grand and
Traverse Jury Lists of Taliaferro County, Georgia, be
declared vacant and void;
(7) That the positions of jury commissioners for Talia-
ferro County, Georgia, be declared vacant, null and void;
(8) That this Court appoint a special master to appoint
members for the grand and traverse juries of Taliaferro
County, Georgia;
(9) That ancillary damages be awarded in the sum of
$500,000.00 ;
(10) That this Court grant and all other relief which
it may deem meet and proper.
18
Order Appointing Three-Judge Court
The Honorable Frank M. Searlett, District Judge,
United States District Court for the Southern District of
Georgia, to whom an application for injunction and other
relief has been presented in the above styled and numbered
cause, having notified me that the action is one required
by act of Congress to be heard and determined by a Dis-
trict Court of three Judges, I, John R. Brown, Chief Judge
of the Fifth Circuit, hereby designate the Honorable Grif-
fin B. Bell, United States Circuit Judge, and the Honor-
able Lewis R. Morgan, United States District Judge for
the Northern District of Geurgia, to serve with Judge Sear-
lett as members of, and with him to constitute the said
Court to hear and determine the action.
Witness my hand this 22nd day of November, 1967.
Joun R. Brown
Chief Judge, Fifth Circuit
PRUSSIA iba a RAO
~
Byte <5
=
2 TR a ES Se
19
Motion to Dissolve Three-Judge Court
The defendants move the Court as follows:
To dissolve the Three-Judge Court, convened in this
case by order of Chief J udge John R. Brown, and remand
the case for determination on all proper issues which may
be made for that:
(a) No substantial question of the constitutionality vel
non of any state statute appears from the face of the
pleadings, the mere allegation that certain statutes are
unconstitutional under certain clauses of certain amend-
_ ments to the Constitution being insufficient ;
(b) No substantial question of the constitutionality of
the Georgia statutes quoted in the complaint is raised in
_ that the complainants do not seek to forestall the demands
of any general state policy, the validity of which they
challenge;
(c) A Three-Judge Court is not required or authorized
in a case where the complaint is that the statutes are un-
constitutional as applied,
20
Request for Admission of Facts by the Defendants
W. W. Fouche, et al.
The plaintiffs request that the defendants, W. W. P
Fouche, et al., within ten days after service of this request 4
to admit, for the purpose of this action only and subject a
to all pertinent objections to admissibility which may be
interposed at the trial, the truth of the following facts: :
1. The jury commissioners of Taliaferro County, Geor- :
gia, are all members of the so-called white or Caucasian —
race.
2. The jury commissioners of Taliaferro County, Geor-
gia, have been members of the so-called white or Caucasian
race for at least fifty (50) years.
3. Within recent memory, there have been no Negro
jury commissioners of Taliaferro County, Georgia.
4. The members of the Board of Education of Talia-
ferro County, Georgia, are members of the so-called white
or Caucasian race.
>. Within recent memory, and for at least fifty (50)
years, the members of the Board of Education of Talia-
ferro County, Georgia, have been members of the so-called
white or Caucasian race.
aiid St aE Ohta PORTS ee Te ee
6. There have never been, within recent memory, any e
Negro members of the Board of Education of Taliaferro |
County, Georgia.
7. No children of any members of the present board of
education of Taliaferro County, Georgia, attend the pub-
lic schools of Taliaferro County, Georgia.
een Tee
21
8. No children of the so-called white or Caucasian race
_ attend the public schools of Taliaferro County, Georgia.
9. The jury lists for the grand and traverse juries of
Taliaferro County, Georgia, contain no more than thirty
percent (30%) members who are Negroes.
10. The jury lists contain no more than twenty-five
: (25%) percent members who are females.
11. There are no teachers in the public schools of Talia-
_ ferro County, Georgia, who are members of the so-called
white or Caucasian race.
12. There are no free school buses provided for children
5 who attend the public schools of Taliaferro County,
_ Georgia.
13. The members of the school administration of Talia-
ferro County, Georgia, are all members of the so-called
white or Caucasian race.
14. The expenditure of funds per pupil in Taliaferro
County, Georgia, is less today than it was when there were
members of the so-called white or Caucasian race attend-
ing the public schools of Taliaferro County, Georgia.
15. The number of teachers in the public schools of
_ Taliaferro County, Georgia, who are members of the so-
called white or Caucasian race is less than it was when
children of the so-called white or Caucasian race were
_ attending the public schools of Taliaferro County, Georgia.
16. The average level of higher education attained by
‘| the teachers in the public schools of Taliaferro County,
22
sl
ow
~~
Georgia, is less today than it was during that period when
said public schools were attended by pupils of the so- 4
called white or Caucasian race. i
17. The number of library books per pupil in the public 3 v
schools of Taliaferro County, Georgia, is less today than “4 M
it was when members of the so-called white or Caucasian 4 of
race were pupils in the said public school system. E s¢
> w
18. The average number of pupil per classroom is lo
greater today in the public schools of Taliaferro County,
Georgia, than it was when members of the so-called white —
or Caucasian race were attending the said public school
system.
Se
19. The number of pupils per teacher in the public
schools of Taliaferro County, Georgia, is greater today 3
than it was when members of the so-called white or Cau- —
casian race were attending the said public school system. a
20. The number of specialists per pupil engaged by 2
the public school system of Taliaferro County, Georgia, 3
is less today than it was when members of the so-called ¢
white or Caucasian race were attending the public schools
of said public school system.
By specialists, I have reference to Guidance Teachers, 2
Speech Therapists, Music Teachers, and the like.
Please take notice that a copy of such admissions must
be served upon the undersigned within ten (10) days after :
service of these requests for admission, which service is |
complete upon mailing of same under Rule 5, Federal i
Rules of Civil Procedure.
This 18th day of December, 1967.
'
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23
Interrogatories to Defendants Jones, et al.
Plaintiffs request that the defendants, Cranston Jones,
W. A. Drinkard, Carl Chapman, H. E. Williams, Jr., and
Mrs. Willie Mae Fambrough, as Members of the Board
of Education of Taliaferro County, Georgia, each answer,
separately and individually, under oath, in accordance
with Rule 33, Federal Rules of Civil Procedure, the fol-
lowing numbered interrogatories:
1. State your name, address, age, occupation, race, and
sex.
2. State how long you have been a member, or were a
member, of the Board of Education of Taliaferro County,
Georgia.
3. List each person with whom you served en the Board
of Education of Taliaferro County, Georgia, giving the
name, address, occupation, race, and sex, of each person
with whom you served on the Board of Education of Talia-
ferro County, Georgia.
4. Give the name, address, and occupation of each mem-
ber of the Negro race who served with you on the Board
of Education of Taliaferro County, Georgia.
5. Give the name of any Negro who you know of as
having served on a Board of Education in Taliaferro
County, Georgia.
6. Do you have any children between the ages of six
and seventeen? If so, give the name and address of any
and all schools which said children attend.
24
7. Give the name and address of any white children '
who attend the public schools of Taliaferro County, —
Georgia.
“e xis pn alee Rigen Se ih 5 ie el vi
rte
8. Is busing service provided for the children who at- 4
tend the public schodls of Taliaferro County, Georgia?
3
4
9. Give the names, addresses, and races of those who
administer the public schools of ‘Taliaferro County, ©
Georgia.
10. Give the names, addresses, educational background, 3
and races of those who teach in the public schools of 4
Taliaferro County, Georgia. %
11. What is the teacher-pupil ratio in the public schools 4
of Taliaferro County, Georgia? Fy
12. What was the teacher-pupil ratio in these public 2
schools in 1964?
13. What is the present per pupil expenditure in the 3
public schools of Taliaferro County, Georgia? i
14. What was the per pupil expenditure in the publie f
schools of Taliaferro County, Georgia, in 1964? i
aa
15. How many specialists are employed in the public —
schools of Taliaferro County, Georgia?
16. How many specialists were employed in the public
schools of Taliaferro County, Georgia, in 1964? q
|
17. What is the number of books per pupil in the}
libraries of the public schools of Taliaferro County, j
Georgia? ,
8D RE ATCT SG hah ne oe
TR Se.
5 oak
eee meus re ies
25
18. What was the number of books per pupil in the
libraries of the public schools of Taliaferro County,
Georgia, in 1964?
19. What is the average number of years of higher
education attained by the teachers in the public schools
of Taliaferro County, Georgia?
20. What was the average number of Years of higher
education attained by the teachers in the ic schools
of Taliaferro County, Georgia, in 1964?
22. Do the public schools of Taliaferro County, Georgia,
receive any funds from the federal government? If So,
state the amount.
23. At any time in the past, have the public schools
of Taliaferro County, Georgia, received any federal funds?
If so, state the years in which such funds were received
and the respective amounts.
24. Did white pupils attend the public schools of Talia-
ferro County, Georgia, in substantial numbers during the
year 1964?
25. How many public schools are there in Taliaferro
_ County, Georgia? Give the name, address, grades, and
‘| number of pupils of each race attending each such school.
26. What is the total budget of the publie school sys-
‘| tem of Taliaferro County, Georgia?
27. What are the sources of funds for this budget?
List each source and the amount contributed by it.
26
98. Are there any private schools in Taliaferro County? °
Give the name, address, grades, and number of pupils
of each race attending each such school.
29, What amount has the public school system of Talia- —
ferro County ever contributed to any such private schools
within the county? List each contribution in dollars or —
the dollar value of any property contributed, and the year ~
in which made.
30. In what militia district do you live?
31. How many teachers are there in the public schools :
of Taliaferro County today?
32. How many teachers were in the public schools of :
Taliaferro County in 1964?
33. Do you receive any salary or compensation as a —
member of the Board of Education? If so, what.
34. How many times does the Board of Education meet
each month?
35. Do you have a regular time, date, and place for the
meetings of the Board of Education? If so, state the
same.
36. Are the meetings of the Board of Education open |
to the public?
37. Are the minutes made of the meetings of the Board |
of Education?
27
38. How many times have you met since September 1,
1967?
39. How many times did you meet between September
1, 1964 and January 1, 1965?
ry
40. Is notice given to the public of the meetings of the
Board of Education? If so, by what means?
41. What are the names, addresses, and races of the
principals of the Taliaferro Public School System?
42. Who hires said principals?
43. What is the name, address, and race of the Super-
intendent of Schools for Taliaferro County?
44. Did any children of yours attend the public schools
of Taliaferro County, Georgia, in 1964? If so, state which
grades they attended during such years.
This 20th day of December, 1967,
28
Interrogatories to Defendants Fouche, et al.
Plaintiffs request thet the defendants, W. W. Fouche,
Rastus Durham, and Klmo Bacon, as representatives of ;
the class of persons known as Grand Jurors of Taliaferro —
County, Georgia, each separately and individually, answer q
under oath in accordance with Rule 33, Federal Rules of
Civil Procedure, the following numbered interrogatories: ~
1. State your name, address, race, and occupation.
2. Are you presently a member of the Grand Jury of ~
Taliaferro County, Georgia?
3. Have you at any time in the past been a member of j
the Grand Jury of Taliaferro County, Georgia? If so,
state the years in which you served as a grand juror.
4. Give the name and the year in which any person :
whom you were able to identify as a member of the Negro 5
race served with you on the Grand Jury of Taliaferro i
County, Georgia.
5. While a member of the Grand Juries of Taliaferro |
County, Georgia, did you ever participate in the election |
of members of the Board of Education of said county!
6. If you did participate in such election, describe the .
procedure fully and completely.
7. For each of the years in which you participated in |
the election of Members of the Board of Education of [
Taliaferro County, Georgia, give the name, address, race,
29
and occupation of those persons who were selected to be
members of the Board of Education of said county. For
each of the persons you have listed, also give the year
in which said person was elected.
8. Do you presently have any children who are between
the ages of six and seventeen? If so, give the name and
address of the school or schools which they attend.
9. To your knowledge, has there ever been a Negro
who has served on the Board of Education of Taliaferro
County, Georgia? If so, give the name, address and occu-
pation of said Negro.
10. To your knowledge, are there any children of the
so-called white or Caucasian race who attend any of the
public schools of Taliaferro County, Georgia? If 80, give
the names, grades, and addresses of said white children.
11. State how many persons are on the Grand Jury
Lists of Taliaferro County, Georgia. Of that number, how
many are members of the Negro race? Further, of that
number, how many are females?
This 20th day of December, 1967.
30
Interrogatories to Defendants Moore, et al.
Plaintiffs request that the defendants, E. C. Moore, Guy 4
Beazley, J. M. Taylor, L. T. Lunceford, and Clarence ~
Griffith, as Jury Commissioners of Taliaferro County, —
Georgia, each answer, separately and individually, under |
oath in accordance with Rule 33, Federal Rules of Civil ©
Procedure, the following interrogatories: .
1. State your name, age, address, race, and occupation. ©
2. For how long have you been a jury commissioner of :
Taliaferro County, Georgia?
3. List the name of each and every person with whom —
you have ever served as a jury commissioner of Taliaferro —
County, Georgia. For each such person, give the years ©
in which you served with them, as well as their name, —
address, occupation, and race.
4. Within your memory, has there ever been a Negro ©
jury commissioner of Taliaferro County, Georgia? If so, —
give the name, address, and occupation of such Negro 4
jury commissioner.
5. How many persons are presently on the Grand Jury ©
List for Taliaferro County, Georgia? When was this ©
latest revision completed?
6. How many members of the present grand jury list
are members of the Negro race?
7. How many members of the present grand jury list
are white females?
31
8. How many members of the present grand jury list
are Negro females?
10. Describe, in full and complete detail, the procedures
which you followed in selecting persons for the grand jury
list of Taliaferro County, Georgia.
11. State how you determined whether a person is up-
right and intelligent.
12. What significantly identifiable groups do you know
of in Taliaferro County, Georgia?
13. Is the grand jury list, as presently composed, a
fairly representative cross-section of the upright and in-
telligent citizens of Taliaferro County, Georgia?
14. If the answer to No. 13 is “yes,” describe in full
and complete detail the standards which you have applied
in making such a determination. If the answer to the pre-
ceding question was “no,” describe in full and complete
_ detail the standards which you applied in making such a
» determination.
15. What steps, if any, did you personally take to in-
sure that any and all significantly identifiable groups in
Taliaferro County, Georgia, were fairly represented on
the grand jury list?
16. How many names are on the official registered voter’s
- list which you used, pursuant to law, in selecting the
latest grand jury list for Taliaferro County, Georgia?
17. Of the names on the voter’s list, how many are
Negroes?
32
18. Of the names on the voter’s list, how many are
white females?
’
3
4
q
;
19. Of the names on the voter’s list, how many are
Negro females? j
20. Describe in complete detail any and all demographic ~
information contained on the voter’s list which you used —
in compiling the grand jury list for Taliaferro County, 5
Georgia. 4
21. If you are unable to give the number of Negroes,
white females, and Negro females, on the grand jury list 3
which you have selected, describe in full and complete —
detail how you were able to determine that such lists —
are fairly representative cross-sections of the upright and —
intelligent citizens of Taliaferro County, Georgia.
22. List any and all groups, associations, or social 1
clubs to which you belong.
23. List the names of any Negroes who belong to any
of the clubs or groups which you have listed in the pre: |
ceding question, being sure to give not only the name of
the Negro, but the name of the club to which he belongs
in common with you.
This 20th day of December, 1967.
a
33
Answers of Defendants E. C. Moore, Guy Beazley,
J. M. Taylor, L. T. Lunceford and Clarence Griffith
to Plaintiffs’ Interrogatories
The aforesaid defendants in accordance with the Fed-
eral Rules of Civil Procedure answer plaintiffs’ interroga-
tories as follows:
1. (a) E. C. Moore, age 56, Route 1, Crawfordville,
Georgia, race—white, occupation—merchant ;
(b) Guy Beazley, age 67, Rayle, Georgia, race—white,
occupation—mule trader;
(c) J. Milton Taylor, age 57, Crawfordville, Georgia,
race—white, occupation—farmer ;
(d) L. T. Luneeford, age 63, Route 1, Crawfordville,
Georgia, race—white, occupation—farmer;
(e) Clarence Griffith, age 37, Crawfordville, Georgia,
race—white, occupation—appliance serviceman.
2. (a) three years.
(b) I do not remember.
(c) nine months.
(d) nine months.
(e) three years.
3. (a) I have served as a Jury Commissioner for Talia-
_ ferro County, Georgia with:
a. Clarence Griffith, Crawfordville, Georgia, from
August 1964 to date, occupation—appliance service-
man, race—white ;
34
b. Guy Beazley, Route 1, Rayle, Georgia, from Au-
gust 1964 to date, occupation—mule trader, race—
white;
ce. Reuben H. Jones, Route 2, Crawfordville, Geor-
gia, from August 1964 to date, oceupation—farmer,
race—white ;
d. Wallace Andrews, Robinson, Georgia, served
during year 1964, occupation—farmer, race—white ;
e. R. O. Edwards, Route 1, Crawfordville, Georgia,
served during year 1964 and 1965, occupation—farmer,
race—white;
f. J. M. Taylor, Robinson, Georgia, served during
year 1967, occupation—farmer, race—white ;
g. L. T. Luneeford, Route 1, Crawfordville, Geor-
gia, served during year 1967, occupation—farmer, race
—white;
(b) I do not remember.
(ec) I have served with the following persons since
April 1967:
a. Clarence Griffith, Crawfordville, Georgia, occupa- —
tion—merchant, race—white ; |
b. Guy Beazley, Rayle, Georgia, occupation—
farmer, race—white ;
ce. Reuben Jones, Route 2, Crawfordville, Georgia,
occupation—merchant, race—white ;
d. L. T. Lunceford, Crawfordville, Georgia, occu- |
pation—farmer, race—white ;
SEAS DAS OO oy
N
}.
id
A
(d) I have served with the following persons since April
1967 :
a. Clarence Griffith, Crawfordville, Georgia, occu-
pation—merchant, race—white ;
35
b. Guy Beazley, Rayle, Georgia, occupation—mule
trader, race—white ;
c. Reuben Jones, Route 2, Crawfordville, Georgia, ~
occupation—farmer, race—white ;
d. KE. C. Moore, Route 1, Crawfordville, Georgia,
occupation—merchant, race—white. ~
(e) I have served as a Jury Commissioner for Talia-
ferro County, Georgia with the following persons. I do not
remember the years I served with them:
a. Ralph Edwards, Crawfordville, Georgia, occupa-
tion—farmer, race—white ;
b. Wallace Andrews, Robinson, Georgia, occupation
—farmer, race—white ;
_ ce. KE. C. Moore, Route 1, Crawfordville, Georgia,
occupation—merchant, race—white;
d. Guy Beazley, Rayle, Georgia, oceupation—mule
trader, race—white ;
e. J. M. Taylor, Robinson, Georgia, occupation—
farmer, race—white;
f. L. T. Lunceford, Crawfordville, Georgia, oeeupa-
tion—farmer, race—white.
36
5. 1380; latest revision completed in 1967.
6. We do not know.
7. We do not know.
8. We do not know.
10. From the official registered voters list which was
used in the last preceding general election, as a group we
selected a fairly representative cross-section of the upright
and intelligent citizens of the county. There was no set
procedure for this selection process. We did it as a group.
11. Our determination was based upon knowledge al-
ready possessed by a jury commissioner or commissioners
or upon an investigation by a jury commissioner or com-
missioners.
12. Among the significantly identifiable groups in Talia-
ferro County, Gecrgia, there are by race white persons and
Negro persons; by religion there are Catholics, Baptists,
Methodists, Presbyterians.
13. Yes.
14. We did not detail or fix any standards in making a
determination as to who is upright and intelligent. As
previously stated, this determination was based upon our
knowledge either personal or through investigation of
those persons being considered.
15. There is a jury commissioner for each district of
the county. Taliaferro County is extremely small and the
_jury commissioners know practically all of the people
Ls
a .
SN al se OE PNPM AEST
ee
37
within their respective districts. Through this knowledge
we tried to insure that all groups in Taliaferro County
were fairly represented on the jury list.
16.
17.
18.
21.
Approximately 2,000.
We do not know.
We do not know.
We do not know.
None.
As previously stated, we relied upon the knowledge
of the individual jury commissioners based upon their
knowing or finding out about those persons who lived
within their respective districts within Taliaferro County.
22.
(a) Methodist Church
(b) Baptist Church
(c) Presbyterian Church
(d) Methodist Chureh
(e) American Legion, Kiwanis Club, Hunting Club
23.
None
Sea ty SiPale e O oe
CARR EG MEE RS
$
3
a
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3
$
aS
y
%
BS
PRE OY A Fa POLE IISA RTT
38
Response of Defendants to Plaintiffs’ Request for
Admission of Facts
1. Request No. 1 is admitted.
2. As to request No. 2, the knowledge of defendants
does not encompass the period of the last fifty vears:
nevertheless, so far as defendants know or have reason
to believe, the jury commissioners of Taliaferro County
for at least fifty years have been members of the white or
Caucasian race.
3. As to request No. 3, defendants do not know what
plaintiffs mean by the terminology “Within recent mem-
ory”. Defendants admit only that within their individual
memories there have been no Negro jury commissioners
of Taliaferro County, Georgia.
4. Request No. 4 is admitted.
5. So far as defendants know, request No. 5 is true
and to that extent is admitted.
6. So far as defendants know, request No. 6 is true
and to that extent is admitted.
7. Request No. 7 is admitted.
3. Request No. 8 is admitted.
9. The race of each of those persons whose name is
now in the jury box of Taliaferro County is not sufficiently
known to the defendants for them to be in position to
state whether or not request No. 9 is true or false.
TON EARL Mil, NT, SOG OL Ting OE
: memes id et a ae
yo
39
10. The sex of each of those persons whose name is
now in the jury box of Taliaferro County is not sufficiently
known to the defendants for them to be in position to
state whether or not request No. 10 is true or false.
11. Request No. 11 is admitted.
5 12. Request No. 12 is denied because of the fact that
} it is completely false. At the present time, seven free
school buses provide transportation for at least 95% of
or the students vho attend the public schools of Taliaferro
County.
at 13. In response to Request No. 13, defendants admit
n- that the one person who administers the schools of Talia-
al ferro County is a member of the so-called white or Cau-
rs casian race.
14. In response to Request No. 14, defendants state
that the present per pupil expenditure of funds is greater
today than it was when there were members of the so-
wa called white or Caucasian race attending the publie schools
of Taliaferro County, Georgia.
ue | 15. Request No. 15 is admitted.
16. In response to Request No. 16, défendants state
that the average level of higher education attained by
the teachers in the public schools of Taliaferro County,
Georgia, is today about the same as it was during the
- period when the public schools of Taliaferro County were
tly attended by pupils of the so-called white or Caucasian
“ ‘race.
7
17. In response to Request No. 17, defendants state that _
the number of library books per pupil in the public schools
of Taliaferro County, Georgia, is greater today than it
was when members of the so-called white or Caucasian —
race were pupils in the said public school system. :
40
18. In response to Request No. 18, defendants admit
the truth of said fact and further state that the average
number of pupils per classroom today is 27 and when
members of the white race were also attending the public
schools of Taliaferro County, the average number of
pupils per classroom was 20.
19. The response to Request No. 19 is essentially the
same as to Request No. 18.
20. In response to Request No. 20, defendants deny the
truth of said request and state as a basis of their denial
that today the Board of Education of Taliaferro County
employs a full-time band director who is a specialist and
that during the time that there were so-called white or
Caucasian children in attendance, the Board of Education
did not employ a so-called specialist but did employ a part-
time college student who gave instruction in music.
41
Answer of Defendants W. W. Fouche, Rastus Durham
and Elmo Bacon to First Interrogatories of Plaintiffs
A. Answers of Elmo Bacon:
1. Elmo Bacon, Route 1, Crawfordville, Georgia, race
white, occupation truck driver.
2. No.
3. No.
4. I have never served on a grand jury.
5. I have never served on a grand jury.
6. No answer required.
7. No answer required.
8. No.
9. I do not know.
10. To my knowledge I do not know of any white chil-
dren attending the public schools of Taliaferro County,
Georgia.
11. I do not know.
B. Answers of Rastus Durham:
1. Rastus Durham, Crawfordville, Georgia, race white,
occupation Georgia State Highway Foreman.
2. Yes.
42
3. I have never been on a grand jury other than this 3
one.
4. In August 1967, I remember there were two on the
jury but I can only remember one name, Willie James
Hughes.
5. Yes.
6. The Chairman of the Grand Jury said that a vacancy
on the Board of Education existed and asked for nomina-
tions for persons, Dillard Noggles was nominated and
someone seconded the nomination. The Chairman then [2
asked for more nominatic “sand everyone remained silent. —
A vote was taken and the Chairman asked that all in|
favor of Dillard Noggles raise their hand. As I recall, |
all present raised their hand.
7. I have only served one time and Dillard Noggles was ea
elected, his address is Sharon, Georgia, race white, and —
his occupation is that of a mechanic. This was in 1967. —
8. I have moved to Greene County, Georgia, since I
served on the Grand Jury and I have one daughter named |
Wanda Durham who is sixteen years of age and is now |
attending Greene County School System.
9. To my knowledge I have never known one to serve.
10. To my knowledge there is none.
11. I do not know the answers to any part of this
question.
ti
; 43
C. Answers of W. W. Fouche:
1. W. W. Fouche, address, Crawfordville, Georgia, race
white, occupation, barber. ~
2. No.
3. Yes, I served as a Grand Juror in 1965 and several
times prior thereto, the exact dates being unknown.
4. In 1965 1 was a Grand Juror and two negroes, namely
Toomis Lewis and Garnett Moore, served with me.
5 and6. Yes, the Chairman of the Grand Jury made
known that there was a vacancy to be filled on the Board
of Education. He stated that nominations were in order
and one of the members of the Grand Jury nominated
Cranston Jones. This nomination was seconded by another
member of the Grand Jury. The Chairman asked several
times if anyone else would make another nomination and
everyone remained silent. He then asked for a vote and
_ Cranston Jones received the vote of all members of the
_ Grand Jury who were present in the room.
7. 1965, Cranston Jones whose address is Robinson,
Georgia, race is white and occupation is a clerk. In some
prior year unknown to me, I can remember being a mem-
_ ber of the Grand Jury when Mrs. Willie Mae Fambrough
was elected to the Board of Education of Taliaferro
_ County, Georgia. I cannot recall whether or not there was
_ more than one nomination but to my knowledge the elec-
tion was held in the same manner as described in ques-
tion 6.
8. None.
9. To my knowledge, there has never been a negro who ~
served. 6
10. To my knowledge, there are none.
11. I have no knowledge of who is on the Grand Jury a |
list of Taliaferro County except to the best of my knowl- —
edge I am on the list. ;
rT
SEU ib Jo a
45
Answer of Defendants Cranston Jones, W. A. Drinkard,
Carl Chapman, H. E. Williams, Jr. and Mrs. Willie
Mae Fambrough to Interrogatories of Plaintiffs
In accordance with the Federal Rules of Civil Procedure,
_ the aforesaid defendants answer the plaintiffs’ interroga-
y tories as follows:
1. (a) Wiley Cranston Jones, Route 2, Union Point,
; Georgia, 57 years old, employed as a clerk in Lunsford’s
Department Store, white, male;
(b) W. A. Drinkard is deceased; accordingly, no answer
is filed for him;
(ce) Carl L. Chapman, Crawfordville, Georgia, age 52,
_ auto mechanic, white, male;
(d) Horace E. Williams, Jr., White Plains, Georgia,
_ age 45, dairy farmer, white, male;
(e) Mrs. Willie Mae Johnson Fambrough, Route 1,
Crawfordville, Georgia, age 62, housewife, white, female.
. (a) Since August 30, 1965; served until I re
_ as a member on June 30, 1966;
(c) Have been a member for about six years;
(d) Became a member on August 26, 1963, and served
until I resigned in September of 1967;
(e) I will complete my thirteenth consecutive year of
service as a member on March 2, 1968.
3. Those who have served on the Board of Education
since 1964 and with whom any of the present members
served are:
+e
™
(a) A. J. Harper, Crawfordville, Georgia, deceased, was
a farmer, white, male;
46
(b) J. O. Moore, Crawfordville, Georgia, farmer, white,
male;
(ce) Jack (J. G.) Veazy, Crawfordville, Georgia, farmer,
white, male;
(d) Glenn Edwards, Crawfordville, Georgia, retired,
white, male;
(e) Emerson Chew, Crawfordville, merchant, white,
male;
(f) W. IF. Dozier, Crawfordville, Georgia, (deceased),
was a merchant, white, male;
(g) Milton Taylor, Robinson, Georgia, farmer, white,
male;
(h) Carl Chapman, Crawfordville, mechanic, white,
male;
(i) Horace Hill, Crawfordville, retired, white, male;
(j) Larry Veazy, farmer, white, male, Crawfordville;
(k) Moore Pittman, Crawfordville, merchant, white,
male;
Mr. Veazy was appointed by the Board as was Mr. Pitt-
man to succeed H. G. Williams, Jr. and W. A. Drinkard
respectively in October of 1967.
4. No member of the Negro race served with any of us
on the Board of Education.
5. We do not know of any.
47
6. (a) One who presently attends the twelfth grade of
Jonesboro High School, Jonesboro, Georgia;
(c) None;
(d) Three, all of whom attend Greensboro High School,
Greensboro, Georgia;
(e) None;
7. No white children presently attend the public schools
of Taliaferro County, Georgia;
8. Better than 95% of all of the children who presently
attend the public schools of Taliaferro County, Georgia,
are bussed without charge to and from public school each
and every school day;
9. The sole administrative employee of the Board of
Education of Taliaferro County, Georgia, is Mrs. Lola
H. Williams, County School Superintendent, whose race
is White;
10. The answer to this question appears as Exhibit A
attached hereto.
ll. One to twenty-seven.
| 12. One to twenty-five.
13. According to the latest financial report dated June
1967, the per pupil expenditure is $434.82.
14. $322.76.
REESE
48
15. Mr. John Ruth, band director, is the specialist now
employed in the public schools of Taliaferro County,
Georgia.
16. Only a part-time band instructor, a University of
Georgia student, was employed in 1964.
17. There are presently 8.7 library books per public
school student.
18. In 1964 there were five library books per public
school student.
19. Four years.
20. Four years.
22. Yes; $63,000.00 for the school year 1967-1968.
23. Yes; the public schools of Taliaferro County, Geor-
gia, like all other publie schools in the State of Georgia
have received federal funds through the State Department
of Edueation. Other than those funds, in 1966-1967 the
public schools of Taliaferro County, Georgia received di-
rectly $63,000.00 of federal funds.
24. Yes.
25. There are two public schools in Taliaferro County,
Georgia——Taliaferro County Elementary School, grades 1
through 7 having an average daily attendance of Negro
pupils of 283, and Taliaferro County High School, grades
8 through 12 having an average daily attendance of 175
Negro pupils.
— @ ~ —_—
49
26. $267,611.65.
27. Ad Valorem taxes ............... Se Sees $ 39,000.00
State of Georgia Allotment .................... 112,488.69
Transferred and Special Title I Funds 65,253.70
Liabilities carried forward for items
such as withholding and social security 25,500.00
Money carried forward from previous
OID | vccisdonimandigiccgicialaanidenllgtamaiagannitens 22,500.00
28. Yes; no defendant answering these interrogatories
has had any connection or association with said private
school. Wiley Cranston Jones knows only that there are
one through ten grades in said school; Carl L. Chapman
knows nothing about said school; Mrs. Willie Mae Fram-
brough knows nothing about said school and Horace E.
Williams knows that the school is named Crawfordville
Baptist School, its address is Crawfordville, Georgia, it
has the first through tenth grades, approximately seventy-
two pupils attend the entire school, how many attend each
grade is not known, all of the pupils of this private school
are of the white race.
29. Not the first penney has been contributed to any
such private school within Taliaferro County.
30. (a) Wiley Cranston Jones, 607 GM;
(b) W. A. Drinkard did live in 172 GM;
(c) Carl Chapman, 603 GM;
(d) H. E. Williams, Jr., 608 GM;
ie. .
50
(e) Mrs. Willie Mae Frambrough, 604 GM;
31. Eighteen teachers.
32. Thirty-three teachers.
33. Each active member of the Board of Education re-
ceives a total of $20.00 per month.
34. The Board of Education meets regularly once each
month.
35. Yes, at 10:00 A. M. on the first Tuesday in each
month in the office of the County School Superintendent,
Taliaferro County Courthouse, Crawfordville, Georgia.
36. Yes.
37. Yes.
38. We have met at the regular meeting time every
month since September 1, 1967.
39.
40. As required by the laws of Georgia, public notice
has been given in the county newspaper, the Adocate-
Democrat of the regular meeting time, date and place. No-
tice of each particular meeting is not given.
41. Johnny Warren, Sparta, Georgia, Negro.
W. H. Teddleton, Crawfordville, Georgia, Negro.
42. The Board of Education, upon recommendation of
the Superintendent.
Ss
*
of
51
43. Mrs. Lola H. Williams, Crawfordville, Georgia,
white.
44. (a) One—attended ninth grade;
(c) None;
(d) Yes—fifth, seventh and eighth grades;
(e) None.
52
. EXHIBIT “A” ANNEXED TO ANSWERS OF
: DEFENDANTS JONES, ET AL.
3 PreseNT TEACHER ENROLLMENT
; Four Year College
Teacher Race Address Degree From:
i M. Chatman Negro Crawfordville, Ga. Savannah State
; J. Cheely Negro Crawfordville, Ga. Savannah State
J. Warren Negro Crawfordville, Ga. Savannah State
C. W. Williams Negro Crawfordville, Ga. Savannah State
A. Ellington Negro Crawfordville, Ga. Savannah State
M. Hackney Negro Crawfordville, Ga. Savannah State
R. Cheely Negro Crawfordville, Ga. Savannah State
M. Mattox Negro Crawfordville, Ga. Savannah State
M. Moss Negro Crawfordville, Ga. Savannah State
F. Nichols Negro Crawfordville, Ga. Savannah State
W. Watson Negro Crawfordville, Ga. Albany State
W. Kennedy Negro Crawfordville, Ga. Allen University
U. Evans | Negro Crawfordville, Ga. Clark College
R. Marion Negro Crawfordville, Ga. Benedict
L. Davis Negro Crawfordville, Ga. Benedict
J. D. Ruth Negro Crawfordville, Ga. Albany State
M. Alexander Negro Crawfordville, Ga. Atlanta University
W. Teddleton Negro Crawfordville, Ga. Albany State
- R. Williford Negro Crawfordville, Ga. Florida State |
PIR D AIRE PL Phe eB SEI RI VOCS EEN DPR EI he ee — 2h it DE
53
Jury Lists
GRAND JURORS 1967
GEORGIA, Taliaferro County;
In accordance with order passed by Judge Robert L.
Stevens, on the 3rd day of April, 1967, directing the Jury
Commissioners of Taliaferro County to meet and revise
both Grand and Traverse Jury Lists, in compliance with
the existing laws relative thereto, as soon as practicable,
said Jury Commissioners hereby certify that they met on
the 18th and 19th days of April, 1967, in called session,
pursuant to the above order and have revised the Jury
Boxes, both Grand and Traverse, and further certify that
the tickets containing their names have this day been
| placed in the Grand Jury Box.
J.W.Atchison Edgar W Chew,
J.W.Andrews W.O.Chapman
Arthur D Brown W.R.Chapman
R.A ?Bedgood Earl Chapman
Paul Bird B.R.Darden
C.EBonner Pat H Darden
Geo.W.Brown K.Willie Dye
Gwin Bird Rastus Durham
Geo.H.Brown L.R.Dozier
Guy Beazley Eulous Dotson
Willie Billingsly J.P.Ellington,Jr
Melvin L. Cox Loyd W Echols
J.W.Clemmons L.B.Edwards
ity] George L.Clemmons Willie George Edwards
J.P.Crawford R. O. Edwards
H.Hayes Chew L.A.Edwards
ae
J.D.Edwards
Dwellie Evans,
Roosevelt Ellington
Wales T Flynt
Jesse W. Flynt
Richard Fowler,
W.W.Fouche
Richard H Flynt,
George Fambrough
Mark Greene
Sam D. Greene
Clarence Griffith
Charles W Greene
T.C.Harrington,
B.L.Hollis
C. J.Hill
Wm. J.Hall
Jack H Hubert
Ernest Godbee
Cecil Hunter
W.J.Hughes
Miles Hackney
H.F. Johnson
Warren Y.Johnson
Reuben H. Jones
Eulous Harris
Rev. Floyd T. Jenkins
W. Cranston Jones.
Roger M. JONES
William H.Jackson
Thos/Irby Jackson
Hill B.Jackson
Lewis B.Kendrick
54
Terrell Lyle
Fred Lunceford
Louis Lunceford
Owens V Lunceford
Hawes Lunceford
David Lindsey
H.A.Morrow
Earl H Lucas
Robert Morris
Frank Mitchell ITI
F.G.Mitchell Jr
Eulous C Moore
J.Owen Moore
Henry G. Moore Jr.
W.W.Moore
W.E.Meadows
Carson Moncrief
Nathaniel Mapp
Garnett M.Moore
Robert Maltbie
T.F.Mulkey
T.Girdwood Macfie
Wm. N. Noggle
Joe D Noggle
Mitchell Noggle
W.E.Neal
Emory Neal
Joe Ogletree
Jack Pittman
J. C. Pierce
J.A.Poss
E. W.Reynolds
Joe C Rhodes
re
W.R.Rhodes Sr
HenryS Rhodes
W.H.Rhodes
Foster Rhodes
Marvin H.Rhodes
Horace C Rhodes
Jack Sturdivant
Gordon A Sherrer
Osear C Stewart
Dennis Sanders
Lonnie Stewart
Colon S Stewart
Genever B Stewart
James Milton Taylor
William Glenn Taylor
Alonza Taylor
55
Ollie Taylor
Omer Taylor
Marvin Taylor
Wilbur C Taylor
Ralph B.Taylor
John G. Veazey
Larry Veazey
Marvin Veazey
J.Veazey Wynne
M.M.Wheeler
E.L. Williams
H.R. Williams
Cohen Wright
Troy H. Vickers
James Yearwood
George Williams Jr.
56
CERTIFICATE.
GEORGIA, Taliaferro County;
We the undersigned Jury Commissioners of Taliaferro
County and the Clerk of the Superior Court of said
County acting as Clerk of said Board, do hereby certify
that the foregoing two pages contain a true and correct
list of persons selected by the said Jury Commissioners
to serve as GRAND JURORS, and we further certify
that the tickets containing their names have this day been
placed in the Grand Jury Box, and Box sealed according
to law.
IN WITNESS WHEREOF, we have hereunto set our
hands and seals this April 19, 1967.
E. C. MOORE, Jury Commissioner
Guy F Beazley, Jury Commissioner
J. M. Taylor, Jury Commissioner
ATTEST
Ralph W. Golucke, Clerk Superior Court acting as Clerk
of said Board.
L.T.Lunceford Jury Commissioner
Clarence Griffith, Jury Commissioner
Georgia, Taliaferro County;
I, Ralph W. Golucke, Clerk of the Superior Court in and
for the County of Taliaferro, hereby certify that the within
and foregoing two pages, contain a true and correct copy
of Grand Jury List, 1967, of said County, as the same
appears of record in Jury Book B, pages 194/195, in the
office of the Clerk of the Superior Court of said County.
Given under my hand and seal of office, this 15th day of —
January, 1968.
/s/ Raven W. GoLtucke
Clerk Superior Court
Taliaferro County, Ga.
a
TRAVERSE JURY BOX.
E. D. Ansley
J. W. Atchison
B. B. Atchison
Charles Atchison
Wallace Andrews
Jimmie Andrews
Alvester Armstrong
Luther Armstrong
Arthur D. Brown
R.A.Bedgood
Willie G.Bird
Paul Bird
C. E. Bonner
George W.Brown
Glinn Bird
George Harris Brown
Elmo Bacon
57
TRAVERSE JURORS 1967.
GEORGIA, TALIAFERRO COUNTY:
In accordance with order passed by Judge Robert L.
Stevens, on the 3rd day of April, 1967, directing the Jury
Commissioners of Taliaferro County to meet and revise
both the Grand and Traverse Jury Lists, in compliance with
the existing laws relating thereto, as soon as practicable,
said Jury Commissioners hereby certify that they met on
April 18th, and April 19th, 1967, in called session, pursuant
to the above order, and have revised the Jury Boxes, both
Grand and Traverse, and further certify that the tickets
containing their names, have this day been placed in the
Guy F Neazley
Willie Billingsley
Joel M. Casper
Melvin L. Cox
J.W.Clemmons
Geo L. Clemmons
J.P.Crawford
H. Hayes Chew
Edgar W.Chew
W.O.Chapman
S. W. Chapman
W.R.Chapman
Carl Chapman
J.A.Clements
Earl Chapman
J.S.Callaway
DorseyCombs,
L.E.Oradillo
W. A. Drinkard
K.Willie Dye
W. H. Davis
Rastus Durham
B. R. Darden
George Darden
Pat H Darden
L.R.Dozier
Roy Dozier
Dock Davis Sr
EulousDotson
J.P.Ellington,Jr
Loyd E.Echols
Connie R. Edwards
Willie George Edwards
Ralph O.Edwards
Gary Edwards
Thomas F.Edwards
Brewer Edwards
Wilson Edwards
J.D. Edwards
Colelough Evans
J. R. Evans
Preston D Edwards
Dwellie Evans
Roosevelt Ellimgton
Garnett Evans
Wales T Fkynt
Jesse W.Flynt
Jimmie Purks Flynt
John L. Flynt,
Richard Fowler
Gray Fowler
Floyd Freeman
Grover Frazier
W. W. Fouche
Richard H. Flynt,
George A. Fambrough
Henry N.Fouche
Paul Gunn
Mark H.Greene,
Sam D Greene
Charles W.Greene
Clarence AGriffith
William Grant,
Ernest Godbee
C.J. Hill
H.W.Hill
B.L.Hollis
Alvin S Harwell
J.W.Harrison
¥.C.Harrimgton
Wm.J.Hall
Jack Hubert
Dock Harrison
G.W.Hunter
Cecil Hunter
Manuel Hunter
Aubrey Harris
Felix House
C.M.Harris
Eulous Harris
Willie J.Hughes
Miles Hackney
O.W. Irvin
M.L.Johnson
ILF.Johnson
Warren Y.Johnson
Aubrey Johnson
Reuben H. Jones
W.M.Jones Jr.
Rev.Floyt T. Jenkins
J.C.Jordan
W. Cranston Jones
Roger M.Jones
Geo.M. Jackson
Wm.H.Jackson
Hill B. Jackson
Thos.Irby Jackson
Lewis B. Kendrick
Harold H Kendrick
Vincent A.Kealey
Julian Kendrick
J.C.Lyle
Terrell Lyle
Victor C Linten
Fred Luneceford
Louie Lunceford
Owens V.Lunceford
Hawes Lunceford
Earl H Lucas
D.A.Lyle
David Lindsey
Tommie Lewis
H.A.Morrow
Robert Morris
Carson Moncrief
Walter G. Melson
59
F.G. Mitchell Jr
Frank Mitchell III
Jack H.Mitchell
Eulous Moore
Jamie A.Moore
J.Owen Moore
R.Edward Moore
A.D.Moore Jr
Henry G Moore Jr
W.W.Moore
W.E.Mwadows
Garnett M.Moore
Nathaniel Mapp
Europe Manago,Sr.
Howard E.Miller
T.F. Mulkey
Robert F.Maltbie
Timmie H.Moore
Ralph MeAvoy
James F MeNair
T.Girdwood Macfie
F.B.Merritt Jr
Mitchell Noggle
Joe D.Noggle
William N.Noggle
J.D. Nash
W. E. Neal
Emory Neal
Bobby K.Neal
Kenneth Nunn
Billie K.Neal
Raymond Nox
Joe Ogletree
60
Hal S.Ogletree BoyceSmith
W. A. Owens Otis Simons
Jack Pittman Thomas Simons,
J.C. Pierce Leonard Shelton
L.O.Macbeth Emmett A.Taylor
J.A.Poss J.Louis Taylor
Patrick 8.Pate J.Milton Taylor
Babe Reese Dennis Sanders
John Reese Horace Stewart
Foster Rhodes Henry Stewart
Luke Rhodes John Shorter
Marsby Reid Lonnie Stewart
Marvin H Rhodes Dock Stewart
Henry S Rhodes Clarence Sherrer
W.W.Rhodes Sr., William Glenn Taylor
Joe C Rhodes Robert Alonze Taylor
Ray Rhodes Ollie Taylor
Horace C Rhodes Ralph B.Taylor
Clinton Rhodes Wilbur C.Taylor
Bobby Rocker Omer Taylor
E.W.Eeynolds E.Marvin Taylor
Otis Ray James M.Taylor
Herbert Rhodes
Horace Lee Rhodes
George Angus Richards
Ernest B.Turner
Raymond Turner
J.W.Thaxton Sr.
Harold R Stewart J.W.Thaxton Jr
Jack Sturdivant Jack G Veazey
Goreon Sherrer Marvin L.Veazey
Chas. I. Swann Larry Veazey
Oscar C Stewart Troy H Vickets
James H Stewart John W.Wynne
Genever B .Stewart W.E.Watson
Colon S Stewart M.M. Wheeler
H.E.Williams Sr
Horace E Williams Jr.
E.L. Williams,
H.H. Williams
George Williams Jr.
Cohen Wright
Lither A.Wright
L.E. Williams
C.T. Woodruff
James Yearwood,
Rudopf Yearwood
Joe M.Turner
Jim Ware
Mrs. E. D. Ansley
Clarice Armstrong
Willie C .Armstrong
Mrs.George W. Brown,
Miss Josie Bird
Mrs.C.E.Bonner
Mrs. W. G. Bird
Minnie Lee Bailey
Elizabeth . Bird
Essie Boone
Mrs.Grace Beazley
Mrs.Car] Chapman
Mrs.Helen S Chapman
Mrs.Annie Cox
Mrs. Mary (Pat) Darden
Ruth Dooley
Mrs.Helen Bedgood Dozier
Ollie B.Dynn
Mrs.L.R.Dozier
Annie B Ellington
61
Mrs,J.P.Ellington,Jr
Emma Evans
Mrs.Pearl Fowler
Mrs.Willie M.Fambrough
Mrs.L.A.Edwards
Mrs.Richard H Fkynt
Mrs.Ethel Maude Flynt
Mrs.Frances W Greene
Mrs.NBarbara Griffith
J.W.Harrison
Margie Hughes
George Hughes
Mattie B.Hackney
Mrs. Myra Jackson
Mrs.Loudelle Johnson
Mrs.Reba Harrington
Mrs.Mary Agnes Lyle
Mrs.Dorothy L.Linton
Mrs.Carson Moncrief
Mrs.Louise Moore
Mrs. W. W. Moore
Emma Mapp
Jessie Meadows,
MrsRobert Morris
Mrs.Shirley Nogglem
Lilleie Mae Peek
Mrs,Louise Patrick
Sammie D Randolph
Mrs,Lois Richards
Mrs.Peggy N.Rhodes
Mrs.Flora Swann
Mrs.Vanilia P.Sales
Clyde Sales
Willie Golden Stewart
Mrs.Colon S Stewart
Mrs.GordonSherrer
Mrs.Blanche Sturdivant
Mrs/Marie Taylor
Mrs.Ralph B.Taylor
Mrs.Doris Teddleton
Mrs.Ernest B.Turner
Florence Turner
Wm.H.Teddleton
Mrs.Robert Alinze Taylor
Luey Young
Mrs.Patsy Moore Watson
Winnie Lee Ware
Miss Faye Wright
62
Buddell Ware
Caesar Williams
Mrs.J.Veazey Wynne
Mrs.H.M.Wynne Jr
Mrs.Owens Lunceford
Mrs Cohen Wright
Henry Horton
Louis Patruck
Haigler Shorter
Wylie Chenault
Bill Johnson
Byron ‘Stephens Sr
William Henry Gunn
Jessie Golatt
W.H.Rhodes,
precenenr ye ine sis Yo
63
CERTIFICATE
GEORGIA, Taliaferro County;
We, the undersigned Jury Commissioners of Taliaferro
County, and the Clerk of the Superior Court of said
County, acting as Clerk of said Board, do hereby certify
that the foregoing five pages contain a true and correct
list of persons selected by the said Jury Commissioners to
serve as Travers Jurors, and we further certify that the
tickets containing their names have this day been placed
in the Traverse Jury Box, and box sealed, according to
law. IN TESTIMONY WHEREOP, we have herein set
our hands and seals, this April 19th, 1967
E. C. Moore, Jury Commissioner
Guy F Beazley, Jury Commissioner
J.M.Taylor, Jury Commissioner
L. T. Lunceford, Jury Commissioner
Clarence Griffith, Jury Commissioner
Attest:Ralph W.Golucke
Clerk Superior Court, Taliaferro County, acting as Clerk
of said Board.
Georgia, Taliaferro County;
I, Ralph W. Golucke, Clerk of the Superior Court of said
| County, hereby certify that the foregoing three pages is a
true and correct copy of Traverse Jury list, of Taliaferro
County, Ga.
Witness my hand and seal, this 15th day of January,
1968
Ralph W. Golucke
Clerk Superior Court
64
Motion to Intervene by State of Georgia
Comers Now the State of Georgia and pursuant to Rule
24(b) of the Federal Rules of Civil Procedure moves the
Court for leave to intervene as a defendant in this action
in order to assert the defenses set forth in its proposed
answer, a copy of which is attached hereto, on the ground
that the complaint asserts that a constitutional provision
of the State of Georgia, as well as certain statutes enacted
by the General Assembly of said State, are violative of the
United States Constitution. The State of Georgia has a
self-evident interest in asserting the validity of its own
constitution and statutory enactments, with such interest
being expressly recognized by federal statute, to wit: 28
U. S. C. § 2284(2).
WuererorE, movant prays that this its motion to inter-
vene be inquired inte and sustained by the Court and that
it be permitted to intervene as a defencent in the above
styled action.
Order . 65
; The cause
the State of ate of Georgia to Intervene
? oe per on to be heard on the motion of
d ~ leave to intervene as a party de-
. OrverED, Ag to the court that said movant
i" has leave tontervene as prayed, it is hereby:
si party defen
he . og a2 DECREED that the State of Georgia
x This 22 da this cause and is hereby made a
se above styled action.
vs y 1968.
Grirrin B. Bety
ter- United States Circuit Judge
hat
ove Lewis R. Morcan
United States District Judge
Frank M. Scaruetrr
United States District Judge
66
Defenses and Answer of Defendant-Intervenor
First DEFENSE
Defendant-intervenor moves that the three-judge Court
heretofore convened in the above styled action be dis-
solved and the ease remanded for consideration by a single
district judge on the ground that the constitutional attacks
which plaintiffs make upon a constitutional provision and
various statutory enactments of the State of Georgia do
not present a single substantial federal question, are color-
able only and are made solely for the purpose of securing
a three-judge district court.
Seconp DEFENSE
Defendant-intervenor answers plaintiffs’ complaint as
follows:
1.
Defendant-intervenor is without knowledge or informa-
tion sufficient to enable it to form a belief as to the truth
of the allegations of paragraphs 1 and 2 of the complaint.
2.
In answer to paragraphs 3, 4 and 5 of the complaint,
defendant-intervenor is without knowledge or information
sufficient to enable it to form a belief as to the truth of
the factual allegations of said paragraphs. The allegations
as to the manner and capacity in which the named defen-
dants are being sued constitute legal contentions requiring
no answer.
67
3.
While paragraph 6 of the complaint consists of legal
conclusions which require no answer, defendant-intervenor
expressly denies that federal jurisdiction can properly be
predicated upon alleged facial unconstitutionality of the
attacked constitutional provision and statutes of the State
of Georgia.
4.
Defendant-intervenor denies the allegation of paragraph
7 of the complaint.
5.
Defendant-intervenor is without knowledge or informa-
tion sufficient to enable it te form a belief as to the truth
of the allegations of paragraphs 8, 9 and 10 of the com-
plaint.
6.
In answer to paragraph 11 and the various subpara-
graphs thereunder, defendant-intervenor denies that the
named defendants have chosen and threaten to continue
to choose an all-white school board to superintend the all-
black public schools of Taliaferro County pursuant to State
constitutional provision or statutes. Answering the sub-
paragraphs of said paragraph 11, defendant-intervenor
Says:
a. That the language of Article VIII, Section V, Para-
graph I of the Constitution of the State of Georgia (Ga.
Code Ann. § 2-6801) is correctly set forth in subparagraph
(a) of paragraph 11 of the complaint but that Article VIII,
Section V, Paragraph II (Ga. Code Ann. § 2-6802) further
provides:
68
“Notwithstancing provisions contained in Article VIII,
Section V, Paragraph I (§ 2-6801) of the Constitution,
or in any local constitutional amendment applicable to
any county school district, the number of members of
a county board of education, their term of office, resi-
dence requirements, compensation, manner of election
or appointment, and the method for filling vacancies
occurring on said boards, may hereafter be changed by
local or special law conditioned upon approval by a
majority of the qualified voters of the county school
district voting in a referendum thereon. Members of
county boards of education shall have such powers and
duties and such further qualifications as may be pro-
vided by law.”
The allegation of said subparagraph (a) that Article VIII,
Section V, Paragraph I of the Georgia Constitution is vio-
lative of the Fourteenth or Thirteenth Amendments to the
United States Constitution is expressly denied by defen-
dant-intervenor..
b. That Ga. Code Ann. §§ 32-902, 32-902.1, 32-903 and
32-905 are correctly quoted in subparagraph (b) of said
paragraph 11 of the complaint but that it is denied that
said statutory provisions are violative of the Fourteenth
or Thirteenth Amendments to the United States Consti-
tution as alleged by plaintiffs.
e. That Ga. Code Ars’. § 59-101 is correctly quoted in
subparagraph (c) of said paragraph 11 but that it is denied
that said statutory provision is violative of the Fourteenth
or Thirteenth Amendments as alleged by plaintiffs.
d. That Ga. Laws 1967, p. 251 (Ga. Code Ann. § 59-106)
is correctly quoted in subparagraph (d) of said paragraph
69
11 but that it is denied that said statutory provision is
violative of the Fourteenth or Thirteenth Amendments as
alleged by plaintiffs.
Fe
Defendant-intervenor is without knowledge or informa-
tion sufficient to enable it to form a belief as to the truth of
the allegations of paragraphs 12, 13, 14, 15, 16, 17 or 18
of the complaint. -
8.
Defendant-intervenor denies the allegations of para-
graphs 19 and 20 of the complaint.
Tuirp DEFEeNnsE
Answering plaintiffs’ complaint further, defendant-inter-
venor shows the Court as follows:
1
That the State constitutional provision and statutes at-
tacked by plaintiffs set forth reasonable procedures for the
selection of members of county boards of education, county
jury commissioners and county grand jurors.
2.
That within the inherent limitations caused by the use of
words rather than mathematical equations the standards
for qualification and eligibility set forth in the attacked
statutes are sufficiently clear and definite to permit persons
of ordinary intelligence to administer the same in a fair and
impartial manner.
70
3.
That said constitutional provision and statutes are on
their face wholly devoid of racially discriminatory provi-
sions and plaintiffs’ contention of facial invalidity is with-
out merit.
Wuererore, having fully answered and presented these
its defenses to plaintiffs’ complaint, defendant-intervenor
prays that to the extent that plaintiffs seek an adjudication
or declaration of the facial unconstitutionality or invalidity
of the aforesaid constitutional provision and statutes of
the State of Georgia, their prayers be denied and that the
three-judge Court be dissolved with all remaining issues
remanded for consideration by a single district judge.
71
Order Dismissing Defendant Grand Jurors
On motion of the defendants, the defendants W. W.
Fouche, Rastus Durham and Elmo Bacon, individually and
in their capacities as Grand Jurors of Taliaferro County,
Georgia, are hereby struck as defendants.
So orperep, this 30 day of January, 1968.
Grirrin B. Bei
United States Circuit Judge
Frank M. Scarietr
United States District Judge
Lewis R. Morcan
United States District Judge
72
Motion to Intervene as Additional Parties-Plaintiffs
The following named adult and minor Negro citizens of
the United States and of the State of Georgia, residing in
the City of Crawfordville, Taliaferro County, Georgia,
move the Court for leave to intervene as parties-plaintiffs
for themselves and.all others similarly situated:
Joseph Heath, father and next friend of Lois Catherine
Heath (age 15), Helen Marie Heath (age 14), Leola Heath
(age 12), Lynns Delton Heath (age 10), Linda Gail Heath
(age 8), and Anna Laura Heath (age 5).
The grounds for this motion are:
1. Applicant, Joseph Heath, seeks leave to intervene
herein in order to assert his claims under the complaint
and the motions heretofore filet’ by the plaintiffs. Appli-
cant is 54 years of age and is not a freeholder in Taliaferro |
County, Georgia. }
2. Each of the minor applicants attend school in Talia-
ferro County, Georgia, operated by the defendant Board
of Education, the members of which are elected by the —
Grand Jury of Taliaferro County, which in turn is selected —
by the Jury Commissioners of said County, pursuant to the ;
constitutional provisions and statutes alleged and set forth '
in plaintiffs’ complaint.
3. Applicants adopt the allegations and prayers con- f
tained in the complaint and motions heretofore filed by the
plaintiffs herein. :
Wuererore, applicants move for leave to intervene as —
parties-plaintiffs in this action. 5
73
Order
Upon consideration of the above and foregoing motion,
the same i» allowed and ordered filed, subject to motions
and objections.
This 23 day of February, 1968.
Grirrin Bei
United States Circuit Judge
Frank A. Scarverr
United States District Judge
Lewis R. Morgan
United States District Judge
74
Report to the Court of Counsel for
the Remaining Defendants
Toward the conclusion of the hearing in Augusta on Jan-
uary 23, Circuit Judge Bell stated from the bench:
“Now, on the main question, which is that there are
no Negroes on the Board of Education. I don’t know
just what the Court can do about that, but | know that
there is no one here that’s a party defendant that would
think that situation can continue. That just simply will
not do. Now, how it can be worked out, I don’t know.
It is a bad thing in this country to call on the courts
to solve all the problems. If you can govern yourselves,
the citizens ought to solve some problems, and it may
be that between now and the 23rd you can work out
some way to solve the situation. There are two places,
as I see it, on the School Board that have not been
permanently filled. There are two men who have been —
elected by the school board but the grand jury hasn't ©
confirmed them. If those two men would willingly —
stand aside the other members might select two out- —
standing Negro citizens who are land owners and good —
citizens to go on the Board. If you don’t want to do —
that—I told you in the beginning that this was a pre-
trial conference as well as a hearing, if you don’t want —
Kea to do that we will know that on the 23rd. If you can
do that, it will be an act of statesmanship on the part ©
of somebody who is able to get something like that
done; but you all are living in the county together and
some how another you are going to have to keep living
in the county together, and you can’t have an all Negro
75
school and all white school board, because somewhere
along the line some court will do something about that.
I guess this is the first case of this kind that has come
up, but just by second nature almost to a judge now
knows that that sort of thing can’t continue, so the
Court would hope that the citizens of Taliaferro County
can solve these problems themselves, and that when we
get down to Brunswick that we could terminate this
matter by the grand jury list having been reconstituted
and some relief having been granted to these Negro
citizens about their schools. If they had somebody on
the School Board they could get a hearing. You have
got a right to get a hearing before any public official.
And every Negro has got the same right, identical
rights, as any white person before any officer of the
law. We all know that. Now, we are going to leave the
case in that posture, at that juncture, and set it over
until February 23rd at 9:30 in Brunswick, and I hope
by that time we will have the Taliaferro County situ-
ation worked out. Mr. Bloch you are a fine lawyer and
an experienced man in this sort of thing and I think
it is time for the people to work this out. There will
be communication. All you need is for somebody to
get in an office somewhere and you will have plenty of
be communication.”
And, also:
“.. but you will have to advise your clients what the
law is on that, what is a legal composition of a grand
jury, but the Court would hope that you would be
generous in your composition.”
76
Subsequently, on his own motion, on the 26th day of Jan-
uary, 1968, the Honorable Robert L. Stevens, Judge of the
Superior Court of Taliaferro County, Georgia, promulgated
an order reading as follows:
“Georgia, Taliaferro County ;
“A Three Court Federal Court Tribunal, in a case
involving the Taliaferro County Board of Education
and the Taliaferro County Board of Jury Commis-
sioners, et al. on the 23rd day of January, 1968, hav-
ing orally ordered that the Traverse and Grand Jury
Master Lists be revised in Taliaferro County, Georgia,
it is Ordered as follows, to wit; |
“That the Grand Jury of Taliaferro County, Georgia,
drawn to serve at the regular February Term, 1968, of
the Superior Court of said County be and they are ©
hereby discharged from service at said Term of Court —
and the Sheriff of said County is ordered to not serve
them to appear at said term of Court, it having been
orally ordered by said Federal Court Tribunal that the
Grand Jury Master List is improperly and unlawfully
constituted ; 3.
“That the Jury Commissioners or Revisors of Talia-
ferro County, Georgia, revise both the Grand and Tra-
verse Jury Lists for said County to comply with the
oral pronouncement of said Federal Court Tribunal,
the said lists heretofore composed being declared to be
improperly and illegally composed. Said revision shall
be made at the earliest and most convenient time.
17
“It is ordered that this order be spread upon the
Minutes of the Court by the Clerk of said Superior
Court.
“This the 26th day of January, 1968.
“Robert L. Stevens
Judge of Superior Court of
Taliaferro County, Georgia”
This order was filed in the office of the Clerk of the Su-
perior Court of Taliaferro County on January 26, 1968, and
recorded in the minutes of the Clerk of the Superior Court
in Book L, page 57, on that date.
« January 26, 1968, was a Friday.
Having heard of the order, the Jury Commissioners con-
sulted with their counsel in Macon practically simultane-
ously with its promulgation.
The Jury Commissioners met beginning on the Monday
following the order, to wit, January 29, 1968. They had
for their consideration the list of persons who were regis-
tered to vote in the last general election. That list contained
a total of 2,152 names. We are advised that the Jury Com-
missioners considered each and every name in that list.
When the Commissioners did not have any information
with respect to a particular indivdual, they asked other
people in the community about him or her. In particular,
when they did not know about persons of the Negro race,
they asked Negro people about them. In considering each
and every name they eliminated the following numbers
of names without regard to race for the following reasons:
Poor health and over-age 374
Under 21 years of age 79
ma SPS SAO IG GATE IOP OEE ND Da
78
Dead 93
Persons who maintained Taliaferro
County as a permanent place of resi-
dence but were most of the time away
from the county 514
Persons who requested to be elimi-
nated from consideration 48
Persons about whom information
could not be obtained 225
Persons of both the white and Negro
race who were rejected by the Jury
Commissioners as not conforming to
the statutory qualifications for juries
either because of their being unintel-
ligent or because of their not being
upright citizers 178
Names on voters lists more than
once 33
This left a total of 608 names. Since 608 names are more
than the Jury Commissioners deemed to be needed in the
traverse jury box, they arranged these 608 names in alpha-
betical order, and took every other name on the list alter-
nately and placed those names on the traverse jury list.
This left a total of 304 names, and only then did the Com-
missioners look to see how many of these 304 names were
those of Negroes and how many were those of whites.
They determined that 113 were Negroes and 191 were white.
Their next task was to select not more than two-fifths of
this traverse jury list for the grand jury list. They decided
that the fairest system would be to draw names by lot.
They drew a total of 121 names by jot and put those names
93
514
48
225
178
33
ames are more
needed in the
1ames in alpha-
n the list alter-
verse jury list.
mn did the Com-
304 names were
hose of whites.
| 191 were white.
nan two-fifths of
st. They decided
w names by lot.
put those names
on th
see h
the v
of Ne
Af
been 1aving done that, they looked to
theirie Negro race and how many of
by tlertained that 44 were the names
Courames of whites.
videtnd traverse jury lists had just
Judg all the names ,had been put in
Ths, a new grand jury was drawn
the L. Stevens, Judge of the Superior
and ty, Georgia, in the manner pro-
who 32 grand jurors were drawn by
ferty were Negroes and 23 white
L,
79
for ,ed on Friday, February 16
resi the regular business of the cou
teYonfirming or rejecting persons
ete Board of Education of Talia-
penned Horace E. Williams, Jr.
nat 25, 1968, Mr. Williams having
*\lbert Drinkard, deceased, for a
logy,
qr had been chosen by the Board
tut! t! the next meeting of the Grand
1 who is of the white race, had
‘prof Education to succeed Albert
term expiring August 23, 1969.
ions, or choices by the Board of
by the grand jury, thus consti-
lance with the law.
serving consisted of 23 grand
hites and 6 Negroes.
»
Cares J. Buocu
Of Counsel! for the
Remaining Defendants
ao lly submitted,
PE EE PE OP PEI PRE WRT
actin ag
80
SUMMARY
Names on the Voters List
Poor health and over-age
Under 21
Deceased
Persons who maintain Taliaferro
County as a permanent place of resi-
dence but spend most of the time
away from that cougty
Requests not to serve
No information available as to
Rejected
Duplications
Total left for consideration
Placed on traverse jury list
Of whom 113 are Negroes and
191 white
Placed on grand jury list
Of whom 44 are Negroes and
77 white
Percentage of Negroes on traverse
jury list
Percentage of Negroes on grand jury
list
Percentage of Negroes on first grand
jury drawn according to law by
Judge Stevens
2,152
374
121
an
81
Defendants’ Exhibit 1
Georeia, Taliaferro County:
A three Judge Federal Court Tribunal, in a case involv-
ing the Taliaferro County Board of Education and the
Taliaferro County Board of Jury Commissioners, et al. on
the 23rd day of January 1968, having orally ordered that
the Traverse and Grand Jury Master Lists be revised in
Taliaferro County, Georgia, It is Ordered as follows, to-
wit;
That the Grand Jury of Taliaferro County, Georgia,
drawn to serve at the regular February Term, 1968, of the
Superior Court of said County be and they are hereby dis-
charged from service at said term of Court and the Sheriff
of said County is ordered to not serve them to appear at
said term of Court, it having been orally ordered by said
Federal Court Tribunal that the Grand Jury Master List
| is improperly and unlawfully constituted;
That the Jury Commissioners or Revisors of Taliaferro
County, Georgia, revise both the Grand and Traverse Jury
Lists for said County to comply with the oral pronounce-
ment of the said Federal Court Tribunal; the said Lists
heretofore composed being declared to be improperly and
illegally composed. Said revisions shall be made at the
earliest and most convenient time.
It is Ordered that this order be spread upon the Minutes
of the Court by the Clerk of said Superior Court
This the 26th day of January, 1968
Rosert L. Stevens
Judge of the Superior Court of
Taliaferro County, Georgia.
~~
82
Georgia, Taliaferro County ;
Filed in office, this the 26th day of January, 1968
Rautpu W. Gotvcke, Clerk Superior Court
Georgia, Taliaferro County
Recorded Minutes L. page 57, 26th day of Jan., 1968
Ratpu W. Gouvcke, Clerk Superior Court.
I hereby certify the above to be a true copy from the
Minutes of said Superior Court. This Feby 21, 1968
/s/ Ratpx W. GoLucke
Clerk Superier Court
Taliaferro County, Ga.
83
Affidavit of Ralph W. Golucke
STaTeE OF GEORGIA
County oF TALIAFERRO
Personally appeared Ralph W. Golucke who, after being
duly sworn, did depose and state that he is and has for 57
years been clerk of the Superior Court, Taliaferro County,
Georgia. On February 8, 1968, he was present in the Su-
perior Courtroom of Taliaferro County, together with Hon-
orable Robert L. Stevens, Judge of the Superior Court of
Taliaferro County, Honorable M. B. Moore, Sheriff of Tali-
aferro County and Harold F. Richards attorney of Talia-
ferro County. The Sheriff announced to all persons present
that the Superior Court of Taliaferro County was then in
session. The sealed grand jury box was delivered by him
as clerk to the Judge of the Superior Court. He saw Judge
Stevens break the seal on the grand jury box, saw the
Judge unlock the box and watched the Judge draw names °
from the grand jury box. As each name was drawn by the
Judge, the name was shown to deponent and to the Sheriff
and the names, in the order drawn, were placed by depo-
nent on the attached list entitled Taliaferro Superior Court
Grand Jurors.
Prior to the time that the Grand Jury was impaneled,
Judge Stexens excused the following persons: Mrs. F. G.
Mitchell, Jr., J. S. Callaway, B. R. Darden, Marvin H.
Rhodes and Mrs. Madison Taylor. By each of their names
I put “Ex RLS” to indicate excuse prior to court. At the
time that court convened, Judge Stephens in open court
] ¢xcused Grand Jurors Toomie Lewis, Mrs. Lois Tuggle,
84
Mrs. Mary Bates and Willie J. Hughes. I wrote “Ex” by
each of their names to so indicate. Of the names that were
th -reafter left on the Grand Jury list, the first twenty three
were selected and impaneled as the Grand Jury of Talia-
ferro County for the February 1968 term.
This 11 day of March, 1968.
Rate W. GoLvucke
(Sworn to March 11, 1968.)
a AL Y i" a «2 oe ee ee oe OC. ae
i - - ~ - - - = an
CNY bev serans ta
LIST OF GRAND JURORS ANNEXED TO
AFFIDAVIT OF RALPH W. GOLUCKE y #
> td
<encomnalentalia * TALIA? “RHO Segectes Court.
Dn = — ooersense ceaposprager ropsrerer i des de er Ss deed dete it aaliede tian
GRATID Live pschclre cd fe mtawl se IU AW
SPFCGIAL 7° FRU ARY
Drawn for Term. 19 68, by
EM ENS siBketbe cote Siam of said Comty,in oven Court. + Judde of sald Court,
o__ ORR tag of. _.Pebrusry. as... 68
GRAND JURORS.
f Aev. Garnett M,Moore nea 14, Miles Hackn ey __ nr. tra Mary ates
¢Willie George EAwerds _ |§, George Williams Jr 32 Willie A: Hughes
norirtHitoheiitr, TKERA apeBedsderdon fy R
Sulous Dotson dr fe He +0. Moore. ae ie Ses
frwettie Vere ay on
Ri Pek Oi A M,M.heoler _ ER
> Cherles V Schuff gt. NESS SRS aaNet a
{George A‘Panbrough ss Ss IQ Owens V.Lunceford.
_oerer See. FA Rae : weet me Poe
a] 4-R.Raodes Jr SS eae Hes Gertrude Hetney J i
sec Sturdivant — an... V¥ Otis Simons. als at
Amepesons .Chew RAE Charles ¥ Greene
i oemetamuned & RZ feomte Lewie’*+- =
wl Horace C Rhodes ape ri 2 Mrs ,Lois Tugel
ylethaniel M app pata ne Meek papennnten sett 2 Res oe
TRAVERSE JURORS—FIRST WEEK.
siteniadiadaiemebestd
86
List of Grand Jurors Annexed to Affidavit of
Ralph W. Gol
Raitt :
.
3 - = - pesoontormansen 27 _
‘ os crmcutouinaens 78
5 —_ 2.
6 - 30
~
'
we
=
‘. 32
) 33.
10 u
u a 38
12 6
3 7 4
ty 38
16 ”
6 «
—
=F
*
7
1s a. ot
rr) a 4
20. “.
2 asl “6. .
22. a “ oS
2 « 4
ry selitihatanheccimicae. "hes MRS
Georgia, t91teferro......... County
To the Sheriff of said County:
You are hereby commanded to summon the persons whose names appear in the foregoing Panels, to be and appear at the
Superior Court, to be beld in and for said County, on the IGE’ vosumexm Pebruary,1°968. nest,
10 e'dock A. M. of that day, to serve as Grand L2OORLA Ls Jurors at the Spaoled—Feb———-—--Term, 1968,4
said Court, they baving been duly drawn according to law, and have you then and there this precept, with your return theres
«2 to how you have executed the same Herein fail not.
Witness the Honorable... Robert L.Stevens Judge of enid Court, this..Bth -
day of Pebruary sng 19.48 @,
“”
* 7 . eo’ 4
o = {=
3 2 3
-_ 4
NE) eH
|i ol cee rig &
H ~” os
| | gpa} eka ar 3
| feet aes Bats war
| = id - “A & 3 -
Be ei) ae ping 3
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sf3t> | ont oe Sake
ce ae ' ae tm 5% “s
W.7°S) | soe é2us
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eo. TF
= = s
en
87
Report to the Court in Behalf of
_ Defendant Jury Commissioners
On February 23, 1968, based upon information furnished
by defendant Jury Commissioners, defendants’ attorney
Charles J. Bloch submitted a report to the court of the
revision of the Traverse and Grand Jury lists of Talia-
ferro County in response to the January 26, 1968, order
of Honorable Robert L. Stevens, Judge of the Superior
Court of Taliaferro County. During the hearing of this
case on that same date the court asked additional ques-
tions about the revision of the Traverse and Grand Jury
lists. That additional information as furnished to defen-
dants’ attorneys, and as in some respects correctud, is as
follows:
The Jury Commissioners of Taliaferro County mct be-
ginning Monday, January 29, 1968. They had for their
consideration the 1966 list of qualified voters of Taliaferro
County, a copy of which is attached as Exhibit A, which
contains 2,252 names instead of 2,152 names as previously
reported. In the manner already reported each and every
name on the voters list was considered and the following
numbers of names were eliminated without regard to race
for the following reasons:
mon
88
Under 21 vears of age 81
Dead .... 94
Persons who requested to be eliminated from
consideration 43
Persons about whom information could not be
obtained 226
Persons who were rejected for the following
principal reasons:
(a) Poor health and/or old age .................... 482
(b) Away from the county most of the time 533
(c) Miscellaneous 179
(d) Elected officials and then known dupli-
cations ... 8
Tora, NumBer ELIMINATED 1,646
Six hundred and six names remained. Since 606 names
are more than the Jury Commissioners deemed to be needed
in the traverse jury box, they arranged the remaining
names in alphabetical order using slips of paper which, in
some instances, showed the names of husbands and wives
on the same slip. The Jury Commissioners took every other
name alternately and ended up placing 304 names on the
traverse jury list. They do not know how they got 304 in-
stead of 303 names. Attached as Exhibit B is the traverse
jury list. From the names on the traverse jury list, 121
names were drawn by lot and put on the grand jury list,
a copy of which is attached as Exhibit C.
After the February 23, 1968, hearing, the Jury Commis-
sioners re-examined and looked at the said registered vo-
ters list and prepared, to the best of their recollection, a
typewritten list of each and every category of eliminated |
names as herein recited and to the best of their knowledge
put a dot to the left of the name of each person who is a
member of the negro race. Those lists are attached and
they show:
Total Number Negro
Exhibit Category of Names Names
D Under 21 81 71
E_ Dead 94 Unknown
F Requested 43 2
G No Information 226 Unknown
H_ Poor health and/or old age .. 482 191
I Away 533 263
J Miscellaneous oes; | kamen 167 «
K_ Elected Officials and then
Known Duplications .............. 8 —0-—
L_ Not Alternately Solected ........ 302 106
After the February 23, 1968, hearing, defendants also
put a dash by the side of each name on the traverse and
grand jury lists that to the best of their knowledge and
belief is the name of a person of the negro race. Those
marks are on Exhibits A and B.
Respectfully submitted,
Witsur D Owens, Jr.,
Of Counsel for Defendants
ERUNOA SUR
90
Responsive Pleading of Remaining Defendants
Defendants W. W. Fouche, Rastus Durham and Elmo
Bacon were previously stricken and dismissed as defen-
dants. The remaining defendants subject to all motions,
objections and pleadings heretofore filed and otherwise
made, file these their responsive pleadings:
DEFENSES
Every defense made by motion, pleading, objection or
otiierwise is incorporated herein by reference the same as
if fully stated herein.
ANSWER
1.
Answering paragraph I, defendants admit all but the
last sentence of A, 1 and 2 and that sentence they deny.
Because of the dismissal of defendants Fouche, Durham
and Bacon an answer to B, J is not required. Answering
B, 4 defendants admit only that defendants Chapman and
Fambrough are white Taliaferro County, Georgia citizens
elected as provided by law as members and serving as
members of the Taliaferro County Board of Education;
further answering defendants state that W. A. Drinkard
is deceased and defendants Jones and Williams were not
members of the said board of education at the time this
complaint was filed; the remainder is denied. Answering
B, 5 defendants admit ail but the last sentence and that is
denied.
-_ SSN at nS Et TALI IER EI ELLE E LEDER AL ALE
91
2.
Answering IT defendants deny paragraphs 6 and 7.
3.
Answering III defendants deny paragraphs 8, 9, 10 and
11; deny the first sentence of paragraph 12 and admit the
remainder of said paragraph; for want of information
neither adinit nor deny paragraphs 13, 14, 15 and 16; and
deny paragraphs 17, 18, 19 and 20.
4.
Defendants demand a trial by jury.
5.
Defendants particularly demand a trial by jury as to
the issue made by this responsive pleading and the aver-
ments of paragraphs 18 and 20 of the complaint.’ —
6.
If Title 28, Section 2281 of the United States Code and
Title 28, §2284 of the United States Code are construed to
permit a plaintiff or plaintiffs to procure ancillary damages
or monetary damages of any nature without a trial by jury,
then defendants aver that those sections are violative of
the Seventh Amendment to the Constitution of the United
States which provides: “In suits at common law, where
the value in controversy shall exceed $20.00, the right of
trial by jury shall be preserved, and no fact tried by a
92
jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common
law,” for that any action for the recovery of monetary dam-
ages by whatever name called is an action “at common law”
within the meaning of the aforesaid Seventh Amendment
to the Constitution of the United States.
Wuererore, defendants pray that the plaintiffs have
nothing and that all costs be taxed against plaintiffs.
- ———————— Par.
92
Transcript of Proceedings
(January 23, 1968)
[2] Judge Bell: Before we take up the case of Turner
vs. Fouche and others, Civil Action No. 1357, I will ask if
there are any motions from the Gentlemen of the Bar.
I had some notice, or a ietter, I bel’eve it was, that some-
body was going to make a motion in the case of Bennett
vs. Evans.
[7] Judge Bell: All right, now, we will take up Turner
against Fouche. The first thing we will do, on the motion
of the State to intervene under Rule 24(b) on the basis
they have an interest in the constitutionality of their own
statutes and they want to defend them, and that will be
granted Mr. Evans. You can prepare an order allowing
your intervention, you being made a party defendant, you
are intervening as a party defendant.
Now, Mr. Bloch, we have really three motions, although
one of them is split up—there are more than that because
we [8] have got many different defendants, but one is
to dissolve the Three Judge Court. One is a motion to
dismiss, I believe, and one is to be more specific, and I
have forgotten what the other is. Let me say this: We
want to get the facts stipulated today. We are not only
going to hear the motions, but we are going to sorta con-
duct a pre-trial conference and get all the facts stipulated.
Do you think it would be more orderly to argue your mo-
tions first? I suppose it would be because you have a
right actually to have these motions argued first.
Mr. Bloch: I have no preference, Your Honor, which-
ever way the Court prefers. If vou want to stipulate the
94
facts and have the things argued together, or if you want
to take up the motions first it’s all right with us. We have
no preference. It is a matter for the Court to determine.
Judge Bell: What do you say, Mr. Moore?
Mr. Moore: Your Honor, we think it will be better to
hear the evidence. We don’t think it is going to take
more than about an hour to hear the evidence. We have
made pretrial discovery, and we are going to offer—
Judge Bell: Well, it maybe you won’t have any evidence
after we stipulate the facts.
Mr. Moore: Well, perhaps so, and I would estimate
that we would need perhaps fifteen or twenty minutes to
put on the testimony.
Judge Bell: Well, if you are going to put on testimony
[9] Mr. Bloch has a right to argue his motions first. We
had better hear the motions first then.
Mr. Moore: Yes, sir.
Judge Bell: Are you going to argue, Mr. Bloch, or is
Mr. Owens going to do the arguing?
Mr. Bloch: I am going to start off.
Judge Searlett: Have you changed your mind, Charlie?
Mr. Bloch: I couldn’t hear you, Judge.
Judge Scarlett: You told me that you were going to let
Owens argue it.
Mr. Bloch: I told you that I was going to start off and
then let him bat.
Judge Bell: All right, suppose you go right ahead.
Mr. Bloch: If the Court please, as Judge Bell indi-
cated in his statement awhile ago, there are motions pend-
ih
Judge Bell: Mr. Marshal, is there a lectern around here
somewhere that he can rest his papers on?
The Marshal: I don’t believe so, Judge.
FN BOTS, GSO NOR MEA Ae I VHF ODS TOG eS pO So) mR
95
Judge Bell: Would it help you, Mr. Bloch, if you used
part of the clerk’s desk there?
Mr. Bloch: Thank you, that would help very much.
Judge Bell: All right.
Mr. Bloch: As to the motions which we have filed are
those stated by Your Honor earlier, and the one that was
omiited [10] in the statement, I think, was a motion under
Rule 12(b)(1) and 12(b)(2) and the motion with respect
to whether this is in reality in law a class action.
Judge Bell: A class action, that’s rignt.
Mr. Bloch: That’s the other one. Now, sometime ago,
two or three weeks ago, counsel for the defendants had
an official notice from the Clerk that the Court desired
that a memorandae be filed in support of the motion and
we assume served on the other side.
Judge Bell: Yes.
Mr. Bloch: So those memorandae were filed sometime
ago, a couple of weeks ago, ten days or so ago and a copy
sent to opposing counsel immediately.
Judge Bell: The memorandae were received.
Mr. Bloch: Now, we have not received anything from
opposing counsel. »
Judge Bell: I thought I saw him hand a batch of papers
up here this morning.
Mr. Bloch: I was going to say until about five bis
ago, there was filed and served upon us a document called
“Trial Brief”, I think it is, “Plaintiff’s Trial Brief”, which
I have not had an opportunity to even read much less to
seek to reply to; but I have no desire to argue extensively
the motions which have been filed. I have no desire to be
talking just to be talking, when it has been covered fully, I
think, by the memorandum which has been submitted to the
Court.
ae
[11] Judge Bell: Well, I think you would be justified in
relying on your brief. We have read the brief.
Mr. Bloch: With that I have no desire to argue it ex-
tensively, but of course if he argues responsively—
Judge Bell: —I think probably Mr. Moore wants to re-
spond to the brief, particularly in view of the fact we have
not had an opportunity to read his brief, he will probably
want to respond. You can rest on your brief, if you want to.
Mr. Bloch: I will do that.
Judge Bell: All right. Mr. Moore, do you want to say
something, or you Mr. Owens?
Mr. Owens: I will wait mntil later.
Judge Bell: All right, Mr. Moore, who is leading counsel
on your side?
Mr. Moore: I am.
Judge Bell: All right, do you want to be heard on this.
Mr. Moore: Your Honor, | would like to say—
Judge Bell: —Do you want to come up here where we
can hear you better?
Mr. Moore: The facts of his motion to dissolve the Three
Judge Court because it is jurisdictional in nature, I would
like to make the following observation: The complaint does
state a substantial federal question as to the constitutional
validity of these statutes, these various statutes.
[12] Judge Bell: On what ground?
Mr. Moore: Upon the grounds, one, that they discrim-
inate against these petitioners in that they deny them
equal protection and due process.
Judge Bell: How does the statutes do it? Let me say
this to you, give you fair warning. You know we have
dissolved two or three Three Judge Courts in Atlanta |
recently on In Re: Branford, not on the application, ;
96
—_ecaaacaamaas i Ob AES Seats A AOD TF
97
unconstitutional application, but because all that was com-
plained of was the unconstitutional result. Now, see if
you can distinguish this situation from an unconstitutional
result.
Mr. Moore: Your Honor, without arguing the—
Judge Bell: —Just see if you can distinguish the two.
Mr. Moore: Well, Your Honor, I would like to say that
the easiest statute on which to draw in support of the
exercise of the jurisdiction of the Court is the statute
providing for the qualification of the school board mem-
bers, particularly the freeholder provision. It is our con-
tention that that is a denial of equal protection and due
process because it sets a property qualification for office
holders as such and has the effect of sifting out a great
majority of the constituency and insuring in effect that
Negroes will not be put on the board, elected to the board
of education. We have briefed that extensively in our
brief. The only question—
Judge Bell: Well, don’t you think we will have to [13]
have some evidence on whether or not that does actually
pinch out anybody? I think there are a great number of
Negro freeholders in Taliaferro County.
Mr. Moore: Yes, sir, and we can abide by the admis-
sions which are already in evidence that they have never
served on the Board of Education.
Judge Bell: I know, but do you know how many Negro
freeholders there are in Taliaferro County?
Mr. Moore: We will put up some evidence on that.
Judge Bell: You see, if there were none there would be
some substance to what you say, but the question would
be whether or not a freeholder qualification is a reasonable
qualification.
wanes Wine a
Mr. Moore: Well, we have demonstrated in our brief
that it is not a reasonable qualification. We don’t have to
be right in that contention, Your Honor. The only thing
is that the contention has to be a substantial one.
Judge Bell: To keep a Three Judge Court. t
Mr. Moore: And certainly it is not obviously trivial.
Judge Bell: Right.
Mr. Moore: And certainly there is no precedent saying
that there is no merit to the claim.
Judge Bell: All right, other than the freeholder point,
what other points would you have that would support
keeping a Three Judge Court?
[14] Mr. Moore: Well, there is no objective criteria for
the qualifications of board members. Take for example—
Judge Bell: Well, 1 don’t think there is anything to that.
You see, if we had objective criteria you would complain
that they had pinched people out. The best thing you can
do now to make a law stand up is to say nothing, just to
say to appoint eight people, or something like that, other-
wise ever statute is now is under attach some way another.
Mr. Moore: Yes, sir, and there is a reason for that, be-
cause we are now entering a period—
Judge Bell: —The only reason I can see is to finally break
the Government down and nobody can be appointed to any-
thing.
Mr. Moore: No, sir, it’s not that, Your Honor. We are
entering a period of more egalitarian society, and the laws,
most of the laws, with which we enter that period were made
in a different historical epoch.
Judge Bell: Which will put children on the school board?
Mr. Moore: I wouidn’t—
Judge Bell: —Didn’t they try to turn France over to the
children to run?
98
RDP S AA ein Ha = Rm
ates 0 ait NO Aaa Ge
za AAA Deal Po tab 0 AAG
Mr. Moore: I wouldn’t want to answer that, Your Honor,
as to turning it over to the children to run. The only thing
I would make in response to that is this: If children are
known to run the school board, if children alone ran France,
that would be a question as to whether or not the country
or the [15] school board is being run by a true cross sec-
tion of the community.
Judge Bell: Well, we are not going to get into anything
90
like that. You are not going to get us to rule that children
have a right to be on the school board or anything like that.
As far as I know the best people, the most responsible
people, ought to be running the school board and running
the Government.
Mr. Moore: Well, Your Honor, we have a serious ques-
tion in Taliaferro County as to who is; more responsible
people.
Judge Bell: That’s right.
Mr. Moore: And, historically, the most responsible
people under the statute which resulted in the election of
the school board members have been white, and there
doesn’t seem any other way that you can construe these
statutes except to say that the qualifications mean White.
When they said “intelligently and upright”, they mean
white.
Judge Bell: Well, you know that in the south for many
years that this was the system but we have had a change
in time and a lot of offices have not yet been held by Negro
citizens, but there are a lot of offices to which they are
now moving into, and it is too simplier argument to say
“Well, they have never bad any Negroes on the school
board”. Well, we know that. Everybody knows that.
There never has been one in the history of Taliaferro
Pat RS, ae es ART
— — “7
100
County I don’t imagine unless it was during the Recon-
struction. You got to figure it on Reconstruction, they
may have had some then. No, they didn’t have a school
board then.
[16] Mr. Moore: All I know about Reconstruction, Your
Honor, is this: That in the very same year that they
enacted these statutes, 1868, was the very same year that
they kicked out all of the Negro members of the Georgia
State Legislature.
Judge Bell: Right.
Mr. Moore: And when they enacted these statutes pro-
viding for intelligent and upright citizens—and systemati-
cally since 1868 Negroes have been excluded in every
aspect of public life in Taliaferro County.
Judge Bell: Right. Well, everybody will stipulate that.
Mr. Moore: Yes, sir, we have proved that, and we
think that when you read these statutes realistically and
you figure them against the historical context in which
they have been operated that these statutes dictate and
mandate one thing alone and that is “White Supremacy”,
white leadership and control of the government, the school
board and every aspect of public life in the county, and
we think the statutes are of that type, Your Honor.
Judge Bell: Well, you see, you can prove that about
any statute, because you see this business of just always
showing that the south is always wrong about everything
in the future because of what they done in the past is
going to have to stop somewhere along the line. Now, you
can show on any statute in the books for a hundred years
that no Negroes have held an office. They haven’t been
governor, haven’t been on the Public Service [17] Com-
mission, Highway Board, or anything you want to show,
sil asi as PLEO LEAL ALE VAD! OTe Ay AC wt a
you can make this same; argument, you would knock out
every statute.
Mr. Moore: Well, Your Honor, I understand the feeling
that the Court has for the regional aspect of what has
been the attack heretofore against these practices—
Judge Bell: —The Court is trying to get this thing
straighten out for the future than all of this about the past.
Mr. Moore: The reason that it has been a regional at-
tack is because the south has been the area where these
practices have been the most extensive, and most intense,
and most oppressive, however, now a new vision is open-
ing up and almost the same attack can be made through-
out the country. The country is truly becoming national
as to discrimination. It has a national character.
Judge Bell: Weren’t you the lawyer in the draft board
ease not long ago where the Justice Department was argu-
ing against you because they found out that they didn’t
have any Negroes on the draft boards in the north either.
Mr. Moore: Yes, sir, but I don’t think that invalidates
it because they didn’t have any in the north. There is an
interesting book on it, Your Honor, if you would like to
look at it sometime. It is called “North of Slavery”, by
a fellow named “Libwak”. We didn’t cite it in our brief.
Where he points out how national slavery is, or slave
practices is, how bad it is in the north and in state govern-
ments and in the federal government particularly, [18]
how Negroes were systematically excluded from the na-
tional life pursuant to statutes, and this is a very interest-
ing book. Now, we do cite one book in our brief, Your
Honor, and apparently the secretary omitted to give the
name of the book.
Judge Bell: What page are you talking about?
101
WE RII OT Th a ee Te
GSE MALS SLD IE OAL A
BRT NA geal RMR RS Tiel Met ht eases oe Oe et aa
102
Mr. Moore: It is page 25—24 and 25. There is an ex-
tensive quotation at the bottom of page 24 and continuing
to page 25. That quotation is from Elkins Slavery.
Judge Bell: ELKINS?
Mr. Moore: The University of Chicago Press, Your
Honor. I think it is footnote 64 in Elkins’ book.
Judge Bell: All right. Well, now, you are talking to
some judges that understand all about the south and about
the Reconstruction and all of that, but here is what I want
to ask you, lets get down to this case: Now, your main
complaint, I take it is that there are no Negroes on the
school board.
Mr. Moore: That’s right.
Judge Bell: That is the number one complaint.
Mr. Moore: Yes, sir, and there is a reason for it. There
is a reason for that. It is a constitutional and statutory
scheme.
Judge Bell: Well, I don’t know about that. Let’s don’t
get into the reasons. I am trying to find out what your
complaint is about. You are complaining because there
are no Negroes on the school board.
[19] Mr. Moore: Yes, sir.
Judge Bell: Number one. Then your subsidiary com-
plaint is that the jury list is so composed that you can’t
get enough Negroes on the grand jury to get anybody
appointed to the school board.
Mr. Moore: Yes, sir.
Judge Bell: So, the reason you are attacking the jury
list really is because you are attacking the school board.
Mr. Moore: A part of the scheme and we have to at-
tack it.
Judge Bell: Have to attack the entire school board.
Nias it ES ee me enblriand tail
103
Mr. Moore: Yes, sir.
Judge Bell: Now, the third thing, and this I do not
understand, why do you have the traverse jurors in the
case?
Mr. Moore: Your Honor, because that is a statute that
the grand jury has to be selected from the traverse jury,
and they take—
Judge Bell: —I know, but why would you sue the tra-
verse jurors individually? That would be like selecting
five citizens from Peachtree Street as representing some
class.
Mr. Moore: We do this under Rule 23, and we also do
it under some decisions of the Fifth Cireuit, which have
permitted class suits to be brought against a defendant as
representative of a class—
Judge Bell: Well, suppose you picked me out to sue
[20] because I was a traverse juror?
Mr. Moore: The reason for that, Your Honor—
Judge Bell: —What could I give you? What relief could
you get from me?
Mr. Moore: Well, the thing about that is if this partic-
ular individual actually represents a class, then the class
would be bound by the judgment and an injunction would
run against a class.
Judge Bell: Yes, but vou know that no traverse juror
represents all the jurors in a county.
Mr. Moore: The fact that he is a member of a class
because he is a traverse juror. He is representative of
that class. The test is whether or not his representative
is adequate. Certainly the court would not want us to
name some three hundred odd individuals as defendants
in order to bring them all to court.
DNS. Sale a .
104
Judge Bell: Well, if you did we would strike all that
part of the complaint because | don’t see how it has a
thing in the world to do with your case.
Mr. Moore: But we are actually, Your Honor, the class
of grand jurors, which is the smaller class. The traverse
jury is implicated because of the fact the grand jurors
are taken from the traverse jury list.
Judge Bell: Wait a minute now.
Judge Morgan: Who are you claiming your damages
from?
Mr. Moore: Your Honor, we think that on that score
we [21] would obtain the damages from all of the de-
fendants.
Judge Bell: Including the traverse jurors, just anybody
who happened to be put on the jury you want to get dam-
ages from?
Mr. Moore: Your Honor, that would be left up to the
court in its sound and equitable discretion as to on whom
you would put the damages.
Judge Bell: In paragraph 3 you say that Fouche, Dur-
ham, and Bacon, are white citizens of Taliaferro County.
They are registered voters and Members of the Grand and
Traverse Juries of Taliaferro County. The: are sued
individually, and in their capacities as Grand Jurors of
Taliaferro County. What is it you claim they have done? ]| :
Mr. Moore: They participated. They are necessary to
be before the Court because they can insure the adequacy } 1
representation of the grand jurors in that county.
Judge Bell: You think we could just seize the Grand ]|1
Jury and tell them what to do just by virtue of these folk ] f
being defendants, tell the Grand Jury to meet and elect |
somebody?
a eee eer
105
Mr. Moore: They are sued as a class, as representative
of a class, Your Honor.
Judge Bell: I just don’t see what the Grand Jury—the
Grand Jury is a changing thing. It changes every term of
court.
Mr. Moore: It would be against them and their succes-
sors in office as Grand Jurors.
[22] Judge Bell: Well, I see how you can sue the school
board on the theory you say they have cut off the funds and
have stopped running the school buses and that sort of
thing, and then I see how you could sue the Jury Commis-
sioners on the theory that they have not composed a fair
jury list, but it is hard for me to see how you can sue Grand
Jurors.
Mr. Moore: It is the Grand Juries as a ciass who are
the electors. ‘They are the electors of the school board mem-
bers. ;
Judge Bell: Why aon’t you just sue three registered
voters then?
Mr. Moore: No, sir because the—
Judge Bell: —And get damages from every voter in
Taliaferro County and that would include more Negroes
than White?
Mr. Moore: That’s interesting, Your Honor, but the thing
about it is the electorate for obtaining schoo! board mem-
bers, is the Grand Jury. The Grand Jury, under statute,
is mandated to elect the school board members.
Judge Bell: I don’t see how that is any entity. That’s
not like suing members of an unincorporated association,
for example. Grand Jurors are transient. They are just a
group selected at one term of court and another group at
—— es Teak SENS
a
| 106
another term of court. What connection—I bet they don’t
even have a Grand Jurors Association.
Mr. Moore: Well, Your Honor, it is in this connection
[23] in that the Grand Jurors are an identifiable class. They
are persons who are appointed by the Jury Commissioners
from time to time to serve in that office, and as a class it is
identifiable with respect to office holders, it is identifiable
with respect to function. This would allow several of their
members to be sued as representatives of that class, since
it is an identifiable class, it is not speculative, it is not
vague, it is not an indefinite type of class, and that the in-
junction would run against the present body of Grand
Jurors, as a class, and their successors in office.
Judge Bell: Well, are these three men presently Grand
Jurors?
Mr. Moore: Yes, sir.
Judge Morgan: How long does the Grand Jury serve
under the Georgia law?
Mr. Moore: I think they can serve at least two years,
if not more.
Judge Morgan: Doesn't the average Grand Juror serve
at the term of court and then serve\ until the next term of
court, whenever that might be?
Mr. Moore: .That is the usual Poactice, I think, Your
Honor. :
—————————
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Judge Morgan: I presume that every superior court
meets at least twice a vear, don’t it?
Mr. Moore: Yes, sir.
[24] Judge Morgan: So, he would only serve for six
months.
Mr. Moore: Well, Your Honor, you see the grand jury
list is revised every—
EES ER UNIAN RS, cei RE IS
PLE OLA EME ELEN LIS LOLA LE ALA LET SI ‘ 9 ORE?
a a ee ie IAs
107
Judge Morgan: —He is no longer serving as one of those
23 Grand Jurors—he only serves until the next term of
court.
Mr. Moore: Yes, sir, but he is a member a class of Grand
Jurors during the two year period that he is on the grand
jury list.
Judge Bell: What you mean is he is on the roll?
Mr. Moore: Yes sir.
Judge Bell: He is one of those two fifths of the Jurors
who are drawn to begin with?
Mr. Moore: That’s right, sir.
Judge Bell: And you want to make all of them defen-
dants?
Mr. Moore: Yes, sir.
Judge Bell: Whether they have ever been a Grand
Juror or not, you want to put them under an injunction and
make them pay damages?
Mr. Moore: That would be a discretionary matter with
the court.
Judge Bell: Well, I don’t believe you are going to get
very far with that.
Mr. Moore: Well, Your Honor—
Judge Morgan: How does the two fifths know that he is
[25] a member of the Grand Jury?
Judge Bell: He doesn’t know it, and there is no way in
the world for him to know it.
Mr. Moore: Well, Your Honor, his name is in the box.
Judge Morgan: He wouldn’t know that his name was in
the box, unless he was drawn, would he?
Judge Bell: I tell you one thing, if vou prevail in this
kind of an argument you would have a mass exodus from
Grand Juries all over this state. Everybody would get off.
BA
iS
Sere ee ent aaa
—
Pelee Nr mae te Cae eNO Ctr | tem Rec mC CN enn acme Te
108
Mr. Moore: A Grand Juror? All he would have t. do is
to go to the court house.
Judge Morgan: You would have to make inquiry as to
whether your name was on the Grand Jury?
Mr. Moore: If you had not been summonsed, you might.
Judge Morgan: Does the law provide for it to be pub-
lished now?
Mr. Moore: I don’t think so.
Judge Bell: Well, somebody said that the difference
between tweedledee and tweedledum was to have somebody
in charge of the tweedle, or some sort story as that. That’s
what we are doing now, so lets get onto something else.
Mr. Moore: Your Honor, we will just close out with this
observation: If the person we have sued is adequate to
give notice to the other Grand Jurors to come in and de-
fend, I would think that we have made out a pretty good
class action against them, against the Grand Jurors as a
class.
[26] Judge Bell: What’s the nearest case you have in
point in suing three people that represent such a body as
a Grand Jury? Have you got a Grand Jury case?
Mr. Moore: One case is pending in the Fifth Circuit now.
“Bouchcheck” (Spelling not certain) against somebody
from Greene County. It has not been decided, where the
Grand Jury was sued as a class, a civil action, suing to
enjoin a prosecution and the Grand Jurors are named, or
sued as a class, class representative and that’s pending in
the Fifth Circuit.
Judge Bell: Greene County, Georgia, or Alabama?
Mr. Moore: Greene County, Alabama, Your Honor.
Judge Bell: All right.
re, een A ee
109
Mr. Moore: And a stay order was issued by the Fifth
Circuit.
Judge Bell: Well, I tell you, if this was the ste ™
part of your case you wouldn’t be here long, but you have
got more meritorious theories than this.
Mr. Moore: Your Honor, under the analysis of class, an
identifying class, that was spelled out in Fernandez against
Texas, which we do not cite in our brief, I think that there
is a definite class and that the proper test under Calhoun
against Callodays, a Fifth Circuit case, involving an unin-
corporated association which is a distinction—
Judge Bell: —I was on that panel.
Mr. Moore: —that we have made out a case suing as a
class, Your Honor.
[27] Judge Bell: Suing the Grand Jurors?
Mr. Moore: Yes, sir.
Judge Bell: Now, under the second thing, what right
does a Three Judge District Court have to award damages
in the event these people ask for a jury trial?
Mr. Moore: Now, they wouldn't be entitled to a jury trial.
Judge Bell: You mean just take the money away from
them without giving them a jury trial?
Mr. Moore: Yes, sir, because this is an exercise of histori-
cal equity power.
Judge Bell: To take damages?
Mr. Moore: To enter ancillary damages, an ancillary
award of money. The equity courts have done this since
time immemorial to make the parties whole and the amount
of damages is something left solely to the discretion of the
court.
Judge Bell: Would you give Mr. Turner the half million
dollars, or would you divide it among some of his friends?
i.
110
Mr. Moore: Your Honor, in our brief we conclude with
what we think would be a proper disposition of the funds,
that the funds would be paid to a Receiver or Special Mas-
ter who would use those funds to equalize educational op-
portunities by giving the people of Taliaferro County a
remedial program, remedial educational program and man-
power training program so they can acquire skill and sorta
compensate them.
[28] Judge Bell: Who would pay the half a million dol-
lars, the white citizens or all citizens?
Mr. Moore: It would be apportioned among the citizens
who have been members of the class of wrongdoers.
Judge Bell: Every one who has ever been a Grand
Juror would have to put up something?
Mr. Moore: It might turn out that way.
Judge Bell: I see.
Mr. Moore: That is a question that is left to the sound
discretion of the Court. We think that as a principle of
equity and principle of law the Court does have jurisdiction
to give it, but whether or not in the exercise of discretion
the Court would do it is a different matter.
Judge Bell: I don’t see why you want to clutter up your
case. You have got a case resting on these facts, that there
are no white children in school, so it is an all Negro school
with an all white school board.
Mr. Moore: Yes, sir.
Judge Bell: And they have stopped running buses.
Mr. Moore: Well, they say they are running buses.
Judge Bell: Well, wait a minute. That’s what you say.
Now, in your petition you say that they have done away
with the school buses, that they have cut down on the school
Sas Pe,
a
Te FT Soe aN Oe i a as
111
books and various other things and all of this and it became
an all Negro system. That’s your complaint. That’s your
basic complaint. Now, [29] lets get onto that.
Mr. Moore: Your Honor, the basic thing about that is the
defendants have permitted an exodus of white children
from the—
Judge Bell: —You don’t think the freedom of movement
has been stopped or should be stopped in this country, do
you?
Mr. Moore: No, sir. Let me finish, Your Honor.
Judge Bell: All right.
Mr. Moore: They have permitted an exodus of white
children from the county and they have done nothing to en-
courage the children, the white children, to stay and study
in the county, and as a result the plaintiffs are certainly
hurt because they are without contact with whom they cer-
tainly have adult experiences they don’t have at school,
school life experience, and—
Judge Bell: —Do you have any suggestion about how
they would go about getting some white children in the
school other than using some sort—
Mr. Moore: —Excuse me, Your Honor. I think if the
school board had people on there of good will, for the want
of a better term, that they would encourage, exploiting
governmental programs in the county that would lead to a
rigid school system and a rigid curriculum.
Judge Bell: You mean beg the whites to return.
Mr. Moore: Yes, sir, and make the school attractive to
[30] all the people, because it certainly couldn’t be a desir-
able thing to transfer your kids to an adjoining county.
That’s an imposition of time, if nothing else.
Judge Bell: Well, they are not supposed to be doing that.
112
Mr. Moore: Well, the private parents do it.
Judge Bell: We had that out before when we were over
here, that if the adjoining counties took any white children
from Taliaferro County they had to take the Negro school
children,
Mr. Moore: Well, they are receiving white children now.
As a matter of fact the school board members themselves
are sending their children over to white counties. We have
got one school board member whio sends his kid up to Jones-
boro—in Jones County. :
Judge Bell: Gray, Georgia?
Mr. Moore: I think so, and another one sends his kids
over to Greensboro in Greene County. He has three kids
going over there.
Judge Bell: What does he do, pay tuition?
Mr. Moore: I don’t know what the arrangement is, Your
Honor.
Judge Bell: Well, then Greene County would have to take
all the Negro children who want to go over there, if they are
taking whites. We had that out before. Is that going to get
back into the case again?
Mr. Moore: No, sir. We would just like to say this: If
[31] democracy is the creed for the elector process in Talia-
ferro County for the election of school board members, the
plaintiffs are confident that the school system will become
so enrich that all the citizens of the county would want to
go to school in that county.
Judge Bell: All right. Now, lets get down to the school
board. Is it true that there are three vacancies?
Mr. Moore: I think that’s right.
Judge Bell: Three vacancies. How would you imagine
the Court could go about getting some Negroes on the school
113
board through the Grand Jury, assuming that is the only
way you can get anybody on the school board.
Mr. Moore: First, we would have to make another legal
assumption, and that legal assumption would be that the
court would consider the petition as raising a substantial
question which it will postpone for a decision and then look
at the facts and issue an injunction running against the il-
legal administration of the statutes.
Judge Bell: 1 know, but suppose we just issue an injunc-
tion that wouldn’t accomplish anything.
Mr. Moore: Yes, sir. Well, you have to do at least two
things. One, you have to enjoin the inforcement of the
statutes and, two, you would have to appoint a receiver in
the interim to run the schools with the aid of an interim
committee of parents.
[32] Judge Bell: Where are you going to find a receiver?
Mr. Moore: Well, we found one last time, Your Honor.
Judge Bell: Yes, but that is complete imposition on the
State School Superintendent to make him run one county.
Mr. Moore: It maybe an inconvenience but inconven-
ience is required in order to inforce the constitution, and
we can’t weigh the relative inconvenience to parties and
let constitutional rights go down the water shed. Certainly
there is an inconvenience. I wouldn’t deny that.
Judge Bell: Well, the question is whether it is uncon-
stitutional not to have Negroes on the school board. But
just on the basis of fairness it certainly seems like there
ought to be some Negroes on the school board. I don’t
know about the constitutional question.
Mr. Moore: Your Honor, I don’t think I could stand
here and say that you have got to have Negroes on the
school board, I don’t that I can legally argue that point,
114
but I think I can argue the other point, and that point is
that they can’t be fenced out of the—
Judge Bell: That’s right, you can’t have a system that
excludes Negroes.
Mr. Moore: Yes, sir, and the effect of this system ex-
cludes them, that is, that they do not have an opportunity
of getting on the school board. That’s the difference.
Judge Bell: Suppose they elected the school board [33]
members and Negroes ran for office and they were all
defeated? You couldn’t say anything about that.
Mr. Moore: Well, I don’t know, Your Honor. They
had an election over there the last time, not for the school
board, but for county commissioners and a couple of offices
and the Negroes didn’t win out, and there were reasons
for that.
Judge Bell: They split?
Mr. Moore: Well, that was one factor and the other
factors were that they were harassed and oppressed and
the precincts were so arranged that it made it uncom-
fortable for the people to come in and vote.
Judge Bell: Well, you know you could get the Justice
Department and they would send a hundred people in
there to watch over—shepherd the situation, if you made
a complaint,
Mr. Moore: Yes, sir. Your Honor, they can watch all
they want to, but sometimes you have to prod to get the
sheep in line and the Justice Department doesn’t seem
to be prodding them. They watch a lot. They have their
eyes on this situation, but I don’t think they are prepared
to do anything about it.
Judge Bell: Well, now, lets return to the evidence.
Rather than putting on witnesses right now, what would
aaNet waeerlU DOCU
115
your proffer be? We are treating this hearing as sort of
a pretrial conference.
Mr. Moore: Yes, sir. Your Honor, the first thing that
[34] we would proffer is a certified copy of the Grand
Jury list.
Judge Bell: Wait a minute now. A proffer is what you
expect to prove.
Mr. Moore: Yes, sir.
Judge Bell: Now, you are moving away from a proffer
and you are offering evidence.
Mr. Moore: Well, Your Honor—
Judge Bell: —Here is what I had in mind; I thought
you might state, make a proffer that you could prove—
just state what I would expect to prove.
Mr. Moore: Yes, sir.
Judge Bell: And then it maybe that Mr. Bloch and Mr.
Evans will say “Well, we will agree to that. We will stipu-
late that those will be the facts.” Now, I don’t know
whether you are prepared to do that right now. It maybe
that you will need a few minutes to think it over. Mr.
Evans what do you think about that procedure?
Mr. Evans: Well, Your Honor, of course, our interest
is purely the facial constitutionality of the statutes. I be-
lieve that would be up to Mr. Bloch.
Judge Bell: All right, sir. | will hear from Mr. Bloch
on this.
Mr. Bloch: If Your Honor please, I suggest to you and
to the Court that before we proceed on that outline that
it might be well to get this damage question, you know,
out of [35] the case. We have a special motion on that,
12(e) and 12(f) addressed to paragraph 20, I believe, of
116
the complaint, and if that goes out on motion, then we
are no longer concerned from our standpoint.
Judge Bell: Well, I thought it would be best to find out
what the facts were before we ruled on the damage mo-
tion.
Mr. Bloch: Of course, the Court is protecting us on
all rights as to jury trial and what-not and so forth.
Judge Bell: Exactly. :
Mr. Bloch: O. K.
Judge Bell: Exactly. Now, what we want to do—there
are certain facts—for example, the requests for admis-
sions that you made.
Mr. Moore: Yes, sir.
Judge Bell: We could go down that, you see, and this
will give us some stipulated facts.
Mr. Bloch: I will let Mr. Owens handle that part of it.
Judge Bell: All right, pull that chair up by Mr. Moore
and lets work along together on this and try to get the
facts straightened out. Now, let me ask the questions,
Mr. Moore.
The first one is that the Jury Commissioners of Talia-
ferro County, Georgia, are all members of the so-called
White or Caucasian Race. Is that true, Mr. Owens?
Mr. Owens: We have admitted that, Your Honor.
[36] Judge Bell: You have?
Mr. Owens: Yes, sir.
Judge Bell: Where is the response. I don’t know
whether I have that or not.
Judge Scarlett: Have you got it?
Mr. Moore: That’s it up there, I think.
Judge Bell: Will somebody let me have a copy of the
answers?
117
Mr. Owens: May I look through it right quick? Maybe
I can spot it.
Judge Bell: I went through my file. I didn’t see it. All
right, that’s admitted.
The next one is the Jury Commissioners of Taliaferro
County have been members of the so-called White or Cau-
easian Race for at least 50 years. Your answer is your
present knowledge doesn’t encompass 50 years, which you
think probably that is so.
Mr. Owens: That’s correct, Your Honor.
Judge Bell: —-Within recent memory there has been
no Jury Commissioners in Taliaferro County—
Mr. Moore: —Negro members.
Mr. Owens: The same effect, Your Honor.
Judge Bell: Yes. Four: Members of the Board of
Edueation of Taliaferro County are Members of the White
or Caucasian Race. You admit that, I suppose?
Mr. Owens: That’s correct.
[37] Judge Bell: Five. Within recent memory, at least
50 years, the Board of Education Members have been
White. So, that’s admitted. —Never been within recent
memory any Negro Member—that’s admitted.
Seven. No children of any Members of the present
Board of Education of Taliaferro County attended public
schools of Taliaferro County. Admitted.
Eight. No children of the so-called White or Caucasian
Race attend public schools in Taliaferro County. That’s
admitted.
Is that true again this year?
Mr. Owens: That is, Your Honor.
Judge Bell: I know there were nene last year. Jury
list for grand and traverse juries of Taliaferro County
contain no more than 30% members who are Negroes.
= et kw frac, wn
118
You say you don’t know what the ratio is?
Mr. Owens: That’s correct, Your Honor.
Judge Bell: How do you know that, Mr. Moore?
Mr. Moore: Your Honor, we have had people who have
lived in the county for upward to 70 years who have ex-
amined the list and they identified eleven persons on the
list of 180 people as being Members of the Negro Race.
Judge Bell: 11 out of 130?
Mr. Moore: Yes, sir.
Judge Bell: Is that the Grand Jury list?
Mr. Moore: The Grand Jury list.
[38] Judge Bell: Now, you expect to put a witness on
to testify to that?
Mr. Moore: Yes, sir.
Judge Bell: Well, lets hold that out. That’s question
No. 9. Now, have you got some one who is going to testify
as to the number on the Traverse Jury too?
Mr. Moore: Yes, sir.
Judge Bell: All right, what do you expect that to show?
Mr. Moore: 56 Negroes and 272 whites for a total of 3238.
Judge Bell: All right. We have got to hear the evidence
on that.
All right. Ten. The Jury List contains no more than
25% members who are female. They say they don’t know
about that.
Mr. Moore: We have examined the list, Your Honor.
Now. on the Grand Jury there are no women of either
race.
Judge: Now, are you trying to make another constitu-
tional question this morning that women have a right to
serve on state juries? I know that we had a Three Judge
119
District Court to rule that in Alabama, but so far as I know
the Supreme Court has never ruled on it.
Mr. Moore: Yes, sir. We make that contention, Your
Honor.
Judge Bell: You don’t have to raise any more points
[39] than you have already raised.
Mr. Moore: That’s true. But we make it two ways, Your
Honor. One is exclusion of women. Women have a right
to serve, which may raise another question.
Judge Bell: I don’t believe you have that right. You
see, you are not representing anybody on trial.
Mr. Moore: Your Honor, this is a better method because
the federal law expressly provides for raising it in civil
actions. It is better to raise—
Judge Bell: —Only on Race, the Civil Rights Statute.
Mr. Moore: Well, Your Honor—
Judge Bell: —It says Race. It doesn’t say anything
about sex.
Mr. Moore: White against Crook was a civil action be-
fore Three Judges, a court civil action, where this question
was raised among other things.
Judge Bell: Well, has White against Crook ever been
followed up? I thought it was sorta noted by the fact that
nobody has ever followed it. Was that a civil action, you
think?
Mr. Moore: Yes, sir, a Three Judge Court action in Ala-
bama.
Judge Bell: We will let vou offer evidence on that.
Mr. Moore: Another way of reaching the same thing is
to say that due process should—or rather to say that true
cross section should reflect all people who are not excluded
by [40] state statutes.
2 Sys Po ee
120
Judge Bell: Now, you don’t want to confuse the federal
standards with the state standards.
Mr. Moore: No, sir. All women can’t serve in Georgia
and I think—
Judge Bell: And they don’t have to serve.
Mr. Moore: | think they may have repealed that pro-
vision where they could request a written permission to be
excluded. I am not sure about that.
Mr. Owens: I don’t think they have, Your Honor, in the
Code when I read it yesterday.
Judge Bell: We will let you offer evidence at least as
to sex.
All right, then eleven is that there are no white teachers
in the Taliaferro County School System. You admit that?
Mr. Owens: We do.
Judge Bell: All right. “Twelve, there are no free school
buses provided for children who attend the public schools
of Taliaferro County.” You deny that as being completely
false.
“At the present time seven free school buses provide
transportation for at least 95% of the students who attend
the public schools in Taliaferro County.”
What have you got to say to that, Mr. Moore?
Mr. Moore: You can cross that out. There are some ten
[41] per cent of the kids who attend school or who walk—
Judge Bell: Well, that’s true everywhere. I walked to
school all of my life.
Mr. Moore: But is probably that they are in that area
that is zoned where you don’t have to provide school buses.
Judge Bell: Well, ask Mr. Turner. Check with your
client and see if you can stipulate that this is a fact, num-
ber twelve.
r : 6S
— . , ae ee
LR SREUpY es AGE RA: ey oe
121
Mr. Moore: Yes, sir.
Jvudge Bell: Stipulate it as a fact. All right.
Mr. Moore: Yes, sir.
Judge Bell: Now, thirteen is “Members of school admin-
istration of Taliaferro County are all members of so-called
white or Caucasian Race”, and you answer that by saying
one person. You are talking about Mrs. Williams.
Mr. Owens: That’s correct, Your Honor.
Judge Bell: Thirteen: “Members of”— No, that is one
that I have just had.
Fourteen. Now, we get down to the expenditure of funds
per pupil is less today than it was when there; were mem-
bers of the white race attended public schools.
You answer that by saying that “present per pupil ex-
penditure of funds is greater today.”
Now, it might be greater because there are fewer chil-
dren. It seems to ne that this is a very nebulous question
[42] and answer—
Mr. Owens: —I agree.
Judge Bell: I think we have got to have the amount of
money.
Mr. Owens: That’s in the answer to the interrogatory.
Mr. Moore: We have established the amount of money
being spent.
Judge Bell: Well, I don’t have those. We will get to
that in a minute though. Lets see.
Mr. Owens: May it please the Court—
Judge Bell: —Can’t you just call those out?
Mr. Owens: Yes, sir.
Judge Bell: And we will just stipulate that now.
Mr. Owens: At the present it is $434.82 per pupil.
— PREC EEG SIP FOR aie LOL IIE DOA ELS CBT et
122
Judge Bell: All right.
Mr. Owens: Whereas before it was $322.76.
Judge Bell: How much?
: Mr. Owens: $322.76. That’s the answer to the interroga-
tory as filed by the Members of the Board of Education.
Judge Bell: All right. Now, how would that figure out
on the total sum. You would have to multiply those figures
by the number of students in school.
Mr. Owens: That’s correct, Your Honor, you would.
Judge Bell: Is that based on the average daily atten-
dance?
[43] Mr. Owens: That’s based on the financial report
as sent to the State Board of Education. I would assume
that it is based on the ADA.
Judge Bell: Well, this morning, sometime, put Mrs.
Williams on the stand and lets just establish the amount
that was spent, the total amount that was being spent on
the schools prior to this current situation. I don’t know if
that establishes anything because you might not need as |
much money, if you don’t have as many pupils. You |
wouldn’t need as many teachers.
Mr. Moore: Well, we would like for that complete pic-
ture to be before the Court.
Judge Bell: All right. You have got these two figures,
maybe that’s enough then.
All right, fifteen: You have got the number of teachers.
No, the white teachers are less. That is a self evident fact. |
Mr. Owens: That’s correct, Your Honor.
Judge Bell: “Average level of higher education as seen a
by the teachers is less today than it was during the period
when the publie schools were attended by members of the 8
white race.” That’s sixteen.
123
Mr. Moore: They say it is about the same.
Judge Bell: They say it is about the same. Is that sig-
nificant in your case?
Mr. Moore: No, sir, I don’t think that is critical.
[44] Judge Bell: Well, do you think that is a fair state-
ment, that it is about the same?
Mr. Moore: I would suspect it would be a little higher.
Ordinarily the Negro teachers go further in school.
Judge Bell: I would think it would be higher now than
it was before. Why did you say it was less then?
Mr. Moore: I wanted to find out.
Judge Bell: Oh, I see. You were trying to find out.
Mr. Moore: Yes, sir. The other thing, there is attached
to one of the documents a list of the teachers in the school
and the schools they have attended, the degrees that they
hold.
Judge Bell: All right. Seventeen: “The number of li-
brary books per pupil in public schools is less today than
it was when the members of the white race pupils were
in the school system.”
The answer is that the number is greater. I wouldn’t
think it would be any less. How could it get less? Did they
burn some books or throw any away or anything? They
still have got the same books, haven’t they?
Mr. Moore: It would be over crowding, Your Honor.
I think this accounts for the fact the white kids are no
longer in the school system.
Judge Bell: The school wouldn’t have thrown the books
away, would they?
Mr. Moore: When you divide them by the number of
students [45] you come out with a different figure.
Judge Bell: Mr. Owens, what do you know about that?
. = — — ARS. SERRE SEIAGID AE LDR
124
Mr. Owens: Well, if it please the Court, in our—
Judge Bell: —Have you got rid of any books?
Mr. Owens: Not that we know of. We show in our an-
_swers to the interrogatories presently 8.7 library books
per public school student. In 1964, 5 library books per
publie school student.
Judge Bell: | imagine that the books they had in the
Alexander Stephens Institute were probably put into this—
Mr. Moore: —Either into this school or in the private
school.
Mr. Owens: May it please the Court, we show in our
answer that the Board of Education has not contributed
the first penny— ;
Judge Bell: —I was going to say, have you got any
evidence that they are putting any books in the private
schools? If vou could prove that, you would have a better
case.
Mr. Owens: Your Honor, we don’t think there is any
evidence to support that. That’s getting off into the realm
of wondering, you know.
Judge Scarlett: I didn’t get that. Did you say they
took them out at night to do that?
Mr. Moore: They didn’t probably take them out at night.
[46] Judge Scarlett: You mean to say that Board of
Education would take the books out?
Mr. Moore: We couldn’t prove that, Judge.
Judge Searlett: Well, lets don’t say it then.
Judge Bell: All right. Eighteen: “The average num-
ber of pupils in the class room is greater today in the
public schools than it was when white children were at-
tending.”
125
You say that is true? 27 now and it was 29.
Mr. Owens: Yes, sir.
Judge Bell: Why did you run it up? I mean, why don’t
you use part of the other building?
Mr. Owens: May it please the Court, I am not familiar
with the physical lay out of the facilities. Those are the
figures that we gave.
Judge Bell: Well, the Court is very familiar with it.
Mr. Owens: Well, those are the figures we gave.
Judge Bell: All right, you have gone up from 25 to 27.
“Number of pupils per teacher is greater today.” I guess
that is the same answer, isn’t it?
Mr. Owens: Yes, sir.
Judge Bell: 27 and 25.
Mr. Owens: That’s correct, Your Honor.
Judge Bell: Twenty. The number of specialists per
public. “They say a specialist means guidance teachers,
speech therapy, music teachers and the like.” They have
less now. You [47] deny that. You say you have a full
time band director. You didn’t have a band director when
the white children were going.
Mr. Owens: That’s correct, sir. That was the only
specialist employed.
Judge Bell: You don’t have any guidance teachers?
Judge Bell: No, sir.
Judge Bell: Vocational teachers?
Mr. Owens: No, sir.
Judge Bell: Reading specialists, or anything like that?
Mr. Owens: No, sir.
Judge Bell: Can we stipulate when these vacancies came
about on the school board?
SOLO Ee OOD VAS GLEN, LALA IAL Ge
126
Mr. Owens: You mean a vacancy, Your Honor, in the
sense that a person has not been elected by the Grand
Jury?
Judge Bell: Well, | understood that you had five mem-
bers and that three resigned.
Mr. Owens: They did at one time, I think, but the
board is presently composed of all of its members. They
fill the vacancies themselves as provided by law.
Judge Bell: Well, that is a part of the constitutional
provision, that they can elect people themselves until the
next Grand Jury meets?
Mr. Owens: That’s correct, sir.
Judge Bell: They now have five?
Mr. Owens: Yes, sir.
[48] Judge Bell: Well, lets put that down. Who were
the five to begin with?
Mr. Owens: Just a minute, Your Honor.
Judge Bell: Cranston Jones, is one,
Mr. Owens: Cranston Jones is not presently a mem-
ber, Your Honor.
Judge Bell: All right, lets just put them down. W. A.
Drinkard.
Mr. Owens: Yes, sir. He is deceased.
Judge Bell: Jones resigned?
Mr. Owens: Yes sir, he resigned June 30th, 1966.
Judge Bell: When did Mr. Drinkard die?
Mr. Owens: About a month ago, I think. I am not sure.
Mr. Bloch: He resigned before he died.
Judge Bell: Well, he had resigned. That would be the
statute. When did he resign?
Judge Searlett: Well, he had to resign before he died.
Mr. Owens: We will have to get that later.
1S OD LORRI BME Set gf SP Ng RCD Nas ng
127
Judge Bell: All right. Now, the next man is H. E. Wil-
liams, Jr.
Mr. Owens: He served until September 1967, Your
Honor, and he resigned.
Mr. Moore: That vacancy was filled by the Board of—
Judge Bell: —Well, don’t get into that yet. Just minute.
19671
[49] Mr. Owens: Yes, sir.
Judge Bell: All right, Carl Chapman?
Mr. Owens: He is presently a member, Your Honor.
Judge Bell: Mrs. Willie Mae Fambrough.
Mr. Owens: She completes her 13th year on March 2nd
of this year.
Judge Bell: Is she still a member?
Mr. Owens: She is still a member.
Judge Bell: All right, now, who has been elected?
Mr. Owens: Excuse me just one minute, Your Honor.
May it please the Court, Mr
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