# Appendix — Turner v. Fouche > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0140%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1970 - **Citation:** 396 U.S. 346 ## Text . ¥ wee gt RS SEMA ae Se a SAS Pant precast 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 . 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. ' )- ‘ta iain RCA, TG Deumbsbant SOG ebes ey hd Tw REAR DAMON utile RRs prancing cr memerrarR. f a Ie es: rs LA ON TE ORME NE: Lee TT aN Cay 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 x 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 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 ‘ -f J an 3 sf3t> | ont oe Sake ce ae ' ae tm 5% “s W.7°S) | soe é2us cA : = 3 Rtn: ticectantse SEY Palanan eins, SZiae BRIAR BRUISE ROA aS PAE EROS RRR RAE NS LI MCN GS NTs NIE 312 Judge Bell: In other words, you have two boxe! The Witness: Yes sir. Judge Bell: One for the grand jurors and on for the traverse jurors? The Witness: Yes sir. That’s correct. But thy is done by the Board of Jury Commissioners, to. gether with their clerk. That is, in composing thes boxes. Judge Bell: I mean by that, just physically, whe you get there in the court room— The Witness: —Separate boxes altogether. Judge Bell: All right, sir. The Witness: Yes sir. Judge Bell: Now, tell us about drawing this par. ticular grand jury. You say you were in the court room? The Witness: Yes sir. Judge Bell: You call the names out yourself? The Witness: Yes sir. That is exactly what o. curred. Judge Bell: But you call the names out of the box yourself? The Witness: Yes sir, always without exception Judge Bell: And in this case that was done? [61] The Witness: It was done exactly in that order, yes sir. After court was duly opened on the occasion, in fact, it was already in session by vir. tue of not having been adjourned. Judge Bell: Now, vou drew 32 names of Grand Jurors to serve on this Grand Jury that we are concerned with, and nine of those were Negro and 23 were White. Now, who cut it down to 23? Can the Grand Jury be more than 23? 313 The Witness: No sir. Now, the law provides that we can draw a maximum of 35 names, but that the Grand Jury shall at no time be composed of more than 23, nor less than 16. It was changed last year from 18 to 16 as a minimum, and of course it was so constituted at all times. Judge Bell: Now, who was in charge of eliminat- ing these extra jurors? The Witness: What happens, if anyone is over age, or has a legal excuse, if he is excused that list still remains numerically the same, and if one has been excused, of course, his name is not called, but numerically they are taken—the next number that follows until you get that sufliciency. Now, any remaining, of course, they would be subject to call if there would be an insufficiency to serve of those who preceded on the list. Judge Bell: Well, suppose vou had more than you needed? The Witness: Then they would not be called to serve [62] at that given time, but in the future and during the term if for any reason I had to have more I might call them back and have them sworn accordingly. Judge Bell: Well, hypothetically, suppose you had five more grand jurors than you needed would you take the last five drawn and eliminate them? The Witness: Yes sir. Judge Bell: That’s the way vou would do it? The Witness: That’s right. Judge Bell: There wouldn’t be any discretion in it? 314 The Witness: Well, I don’t know of any provision of law that would not permit me to exercise a dis. cretion in getting those that were drawn but I don‘ do it. I start at the top and take them down unt] I get the maximum number. Judge Bell: Then those that you don’t need you just leave them off the bottom? The Witness: That’s right. Judge Scarlett: Well, now, if we have more on the Grand Jury in our court than we need we trans. fer them to the petty jury. The Witness: Yes sir. Judge Morgan: If they consent. Judge Bell: Now, if some one wanted to be ex- cused, do they clear that with the Clerk of the Court? [63] The Witness: Well, to be perfectly frank, Judge, in the state courts, in our Circuit, that is one of the biggest things that we have to undergo. Judge Bell: Those who don’t want to serve? The Witness: Who don’t want to serve, or for other reasons want to get off. Frequently, as to the traverse jurors, we have to draw a great nun- ber because we sometimes can anticipate this sort of thing. Judge Bell: All right. The Witness: But even so with the traverse jurr list we take them one right on through and their names remain in that order except those who have been excused. Judge Bell: Now, vou drew 32 names here, ! Negroes and 23 Whites, and in the final outcome only 23 served and after it had been reduced it was 315 17 Whites and six Negroes, how did that come about? Do you know? The Witness: Not really unless some were in the excess number and not needed at the end of the list. Now, that might have occurred, but to be perfectly frank that must be correct, but I was of the opinion that more served than that, but that must be cor- rect. I am sure you have checked these figures out. Mr. Bloch: There couldn’t but 23 serve. The Witness: Oh, I understand that. Frankly, I believe there were seven Negroes. I could be wrong in that. I somehow believe there were seven but I could be mistaken about that. I [64] could be mistaken about that. Mr. Bloch: We checked on that. The Witness: Yes sir. Judge Bell: Now, who would know that? The Witness: Now, as I drew these names, I would not know whether they were Negro or White. Mr. Bloch: Wouldn’t anybody know about that. Judge Bell: I know, but I was wondering how you got it cut down to 23. The complaint that the plaintiffs have is that there is so much discretion in the system that it is very easy for somebody along the line to say “lets whack out some Negroes here.” The Witness: No sir. Judge Bell: I just wanted to find out how that works. The Witness: No sir, that is not done. If they are drawn, if they are on that list they are expected to serve just as the next man. 316 Judge Scarlett: Don’t you, under the law, have, maximum of 23 jurors? The Witness: A maximum of 23 and a minimmy, of 16. Judge Scarlett: That was what I was trying ty get at. The Witness: Yes sir. Judge Bell: You think there were seven Negro and not six on there? The Witness: I am pretty confident of thar, Judge. [65] Judge Bell: All right. Mr. Bloch: You will notice that when it was cut from 32 to 23, at the time it was 32, the proportion was 23 and nine. And if it was cut to 23 then the proportion was 17 and six, as stated in the report Judge Bell: Yes, but you are not suppose to go by proportions. You are suppose to let the chip: fall where they may. Mr. Bloch: Then what you want to know is how it got cut from 32 to 237 Judge Bell: [ want to know how the chips fall. The Witness: We just didn’t reach that number, if you please. Mr. Bloch: You excused the others. Judge Scarlett: It would be 23 and seven that you have now, don’t you? Judge Bell: They had 32 to begin with and they end up with 23. Mr. Bloch: Who excused them from 32 that brought it down to 23? Judge Morgan: I assume the Judge did. Pp Ay aE Ne eH TRE UIE TIONED ETON He de a 317 The Witness: I would do that. Now, bear in mind this, if you please, if somebody was sick that would have to be passed to me by somebody. [66] Judge Bell: By the Clerk of the Court? The Witness: Yes sir, he would be advised of it, generally, and quite frequently, even so, I don’t remember in particularly with reference to this par- ticular grand jury, but I have doctors’ certificates about somebody, or some written matter telling me of their excuse, and sometimes they will telephone and sometimes they will write me, and as | say it is really one of the biggest nuisances that I have. Mr. Bloch: Is anybody permitted to excuse grand jurors that have been drawn by you? The Witness: No sir. Mr. Bloch: Except you? The Witness: No sir. Judge Bell: All right, I think that covers that point. The Witness: Now, if anybody tells anyone— let me clarify that. As an example, if one of the officers serving a juror, if that juror gives the offi- cer an excuse, or if he passes an excuse to the Clerk then I pass on it later whether he will or will not be excused. Mr. Bloch: You have the final say on that? The Witness: Oh, yes, I keep a master list each time I draw them. I have a copy submitted to me and I check my list, and | am very definite, certain and positive about who is on that list and who has been excused. Judge Bell: All right. But vou would not have any [67] way of knowing who was a Negro or who was White? 318 The Witness: Oh, no sir. Judge Bell: All right. The Witness: Now, | possibly would have more knowledge in my home county, but up there | woul have no way on earth of knowing about that. Judge Bell: All right. Cross Examination by Mr. Moore: Q. Judge Stephens, are you familiar with the Report that has been prepared by counsel for the defendants! A. I was familiar with it as it was commenced to be read here, Mr. Watson, back there, | believe had one at the moment and | looked at it as it was read, Q. Do you know when they began the revision abou which you testified? A. It was immediately after the 23rd of January. I attended that first trial down here, so that, to be perfectly frank, know what possibly | might have to do in the matter of complying with whatever was specified. Q. When did you draw the grand jury that actually ap. peared? [68] H id ot 4h! BY tale ee ee See AE LT LESSEE PRED MLE IIR LAER EE LIE MET, fot? ~ Eas Da aecthordd 5 See Ste Be ee ie IS RO EE EI Ee Ve oes Sk BP Tova t nk aF os ies 395 Nobody has done anything about the school system, except you brought a suit to get the school system integrated and then what happened? The white people left. Now, that is all that has happened about that. There is not anything under the table or crooked or anything like that. The white people just left. That is all there is to that. You brought the suit, didn’t you, or was it the Department of Justice that brought it? Mr. Moore: This is not a casual thing, Your Honor, that the white people left. There is some obligation to stabilize the situation under the school board. Judge Bell: Well, they have tried to get another county to take them, so it would be stabilized, but they couldn’t get that done. Mr. Moore: I don’t recall that being in the Re- ceiver’s Report. Judge Bell: The Receiver reported it to me and that is the reason I asked Mrs. Williams if it was true in order to get it in the record and it is now in the record. Mr. Moore: But that was outside of his report. Judge Bell: Well, it wasn’t part of his report, but [163] it appeared obvious that there wasn’t going to be no more Negroes in the school system I asked him to make some effort to get it merged with another county so we wouldn't have that result. Well, he came back and told me that he couldn’t do it, and so I now have it in the record by having Mrs. Williams to testify about it. Mr. Bloch: I just want to call attention to this report that I filed, the last three items in the sum- mary, the percentages. PERE GAS Se OTE EM Se ASR V5 JE GO eSNG I EROLTIEN SH AUBIN RIAN RR La A I SR 396 Judge Bell: Yes. Mr. Bloch: Those were not given to me by th Jury Commissioners. I figured those out myself fo the benefit of myself and the Court. 37 percent, % per cent and 28 per cent. Judge Bell: All right. Mr. Bloch: That was not furnished to me and wa no part of their work. I just wanted to see how jt worked and for the benefit of the Court. Judge Bell: Well, I think when we get this other data about these groups— Mr. Bloch: —We will get up that. Judge Bell: —It will fall in place, so we will just wait and see about that. Mr. Bloch: All right. Judge Bell: Anything else, Mr. Moore? Mr. Moore: No sir. on [164] Judge Bell: Anything, Mr. Evans? i Mr. Evans: No sir, I submitted a brief. de Judge Bell: All right, the Court will take the cas: §™ under advisement, pending receipt of all of thes | extra documents and what-not that we are supposed x to receive. | Mr. Bloch: We will get it just as quick as we can. §™ but it is going to take some time to get the breakdow §” on those figures. x Judge Bell: We know it will. You will have a rea 87 sonable time. > S 397 Opinion and Order Before BELL, Circuit Judge and Scaruetr and Morcan, bistrict Judges. Per CURIAM: This case is quasi-sequential to Turner vy. Goolsby, S.D. Ga, 1966, 255 I’.Supp. 725, also a three-judge matter, and that ease is referred to as background. See also United States v. Jefferson County Board of Education, 380 F.2d 35, dissenting opinion, p. 416, fn. 6. These decisions point to the fact that the Taliaferro County School system is desegregated to the extent that there is only one grammar xhool and one high school in the entire system but there ae no white children attending the public school svstem ’ (n the other hand, the school board members are #)) e shite race. This set of circumstances led to the © dass action brought by a Negro school child and her father m behalf of all Negro residents of Taliaferro County, Georgia, similarly situated. Another father and his five shool children were added later as parties plaintiff. The thrust of the complaint is that the Negroes have 1 voice in school management and affairs in that there ae no Negroes on the school board. It is contended that drt. VII, $V, § 1 of the Constitution of the State of ‘According to the evidence in the instant case, in the 1966-67 vhool term there were 458 Negro children in the system. There vere 72 white children attending a private school in grades one ‘rough ten. Cf. the recent Supreme Court decisions involving the ‘segregation of small rural school systems in Virginia and Ar- unsas, respectively. Green v. County School Board of New Kent ‘gunty, Virginia, 1968, U.S. ——, 88 S.Ct. 20 L.Ed. 4716; Raney v. The Board of Education of the Gould School District 1968, 88 U.S. S.Ct. , 20 L.Ed.2d 727. MEER LN DE IDE DB EGIL NSE! LEN WANS ISAT ORM EIU TEAR LIE LIS OE AAL ELLE PEALE SEEN OE Cet Bs ins ee 398 Georgia of 1945, Ga. Code Ann. § 2-6801, and Ga. Code Any, §§ 32-902, 901.1, 903 and 905, all having to do with the eler. tion of county school boards by the grand jury, are uncon. stitutional under the equal protection and due _ process clauses of the Fourteenth Amendment and under the Thi. teenth Amendment, both facially and as applied by reasop of the systematic and long continued exclusion of Negros; and non-freeholders as members of the Board of Educatig; of Taliaferro County, Georgia, and on the selecting gran juries. The same contention is made with respect to the Georgia laws regarding the appointment of and servie as jury commissioners. Gia. Code Ann. §§ 59-101 and 1% (Ga. Laws 1967, p. 251, Vol. 1). Here again unconstitu. tionality in application is asserted on the basis of sys tematic exclusion of members of the Negro race from ser. vice as jury commissioner. Unconstitutionality is claimed also by reason of the alleged uncertainty, indefiniteness, and vagueness of the standards set forth in each of the statutes.’ Complainants seek an order declaring the aforesaid Georgia Constitutional provision and statutes unconstitu- tional on their face and as applied, and they also pray for ancillary money damages in the amount of $500,000 to con- pensate them for past deprivations and denials of federal rights. By amendment they pray for attorneys fees. Defendants named in the complaint are the members of the Board of Education of Taliaferro County and the jun | 4 ea a 7 3 EY cs a + & ry £ ‘ ; 5 ) ? Another allegation is that the school board has deprived Negr school children of text books, facilities, laboratories, recreation facilities, teaching programs, bus transportation and other benefit §* to the extent that they are ill equipped to advance in the modem world and are mere peons in the hands of the white race. This allegation fails utterly for want of proof and will be eliminated from the case at this point. vse a . ‘ ™ “ eeeared REBATE PELL ORE py COLE LOL IE, PEE NIM oe Oe LEE - a 399 emmissioners of Taliaferro County. Additionally, three itizens of Taliaferro County were sued individually and in their capacity as grand jurors of Taliaferro County but they were dismissed by an order entered on January 30, 1968 granting a motion to dismiss for failure to state a daim against them upon which relief could be granted. A three-judge District Court was convened under 28 (SCA, §§ 2281 and 2284. The case was heard on January B, 1968. The evidence indicated and the court announced ‘hen and now so finds that Negroes were being systemat- ally excluded from the grand juries through token inclu- jon. Jurors were being selected by the jury commissioners ‘om the voter registration lists as required by the Georgia datute, Ga. Code § 59-106, supra. The number of Negro amd white voters in the county were substantially the ame. It developed that there were 272 whites and 56 Negroes on the traverse jury list; 119 whites and only 11 Negroes on the grand jury list. It appeared also without ontradiction that jury commissioners were all white and tat the members of the Board of Education were all shite. The grand jury situation was such that Negroes had little chance of appointment to the school board. The hearing was adjourned and Charles J. Bloch, Esq., of counsel for the defendants, was directed by the court, wnding the continued hearing, to familiarize the defen- ants with the provisions of law relating to the prohibi- ton against systematically excluding Negroes from the wy system. The hearing was resumed on February 23, 68 and Mr. Bloch reported to the court and introduced widence to the effect that Honorable R. L. Stephens, Judge ifthe Superior Court of Taliaferro County, Georgia, had, y order dated January 26, 1968, discharged the grand ury and required that the jury lists, both traverse and COO LAGE AIAGE TD RO DI“ LAI AOE POLE OV Ep AES LLCS LER Tf LOGE LOMO MATE JAS 6 oan WOE As as SPO EL PE BIBRA? oes a 400 grand, be revised in light of the oral pronouncement by this court that the grand jury master list was illegally eo posed, ‘The jury commissioners were direeted by Judy Stephens to immediately reecompose the jury lists, Ty following is from the report filed on behalf of the jury commissioners, ‘This report was substantiated by the tes timony of the chairman of the jury commissioners ang stands uncontradicted, “The Jury Commissioners met beginning on th Monday following the order, to wit, January 29, 19% They had for their consideration the list of persons who were registered to vote in the last general ele tion, ‘That list contained a total of 2,152 names, \W, are advised that the Jury Commissioners consider! each and every name in that list. When the Commis sioners did not have any information with respect t a particular individual, they asked other people in th community about him or her, In particular, when the: did not know about persons of the Negro race, they asked Negro people about them. In considering eae! and every name they eliminated the following nu bers of names without regard to race for the follow ing reasons: Poor Health and over-age 374 Under 21 years of age 79 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 SS IT SANE PILI OE SOOO, Ie IES FR In i ¥ 5a 401 Persons who requested to be eliminated 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 qualifieations for juries either beeause of their being unintel- ligent or because of their not being upright citizens 178 Names on voters list more than once 33 “This left a total of GOS names. Since 608 names are more than the Jury Commissioners deemed to be needed in the traverse jury box, they arranged these GOS names in alphabetical order, and took every other name on the list alternately and placed those names yey on the traverse jury list. This left a total of 304 names, and only then did the Commissioners 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 lot and put those names on the grand jury list. Hav- ing done that, they looked to see how many were of the Negro race and how many of the white race. They as- certained that 44 were the names of Negroes and 77 were names of whites.” fae t 4 , “ ° ive ae ie Mt GOR AULOY 140 > fe tnt Sh 6 oh Or EET 402 It developed that the jury commissioners were assiste by two Nerro residents of the county in making the jury revision. he chairman of jury commissioners agreed that a Negro would be appointed as clerk or secretary to the commissioners until such time as a Negro or Negroes could be appointed to membership on the commission jn order that the Negroes of the county, in the meantime, would have some representation in the operation of the jury system. The court requested the chairman of the jury commis. sioners to designate by race those persons who were on the voter registration list and who were eliminated from jury service. That was done subsequent to the adjourned hear. ing with the following result: 71 of the under 21 group were Negroes; 191 of those in poor health were Negroes: 263 of the 533 who were away from Taliaferro County Negroes; 171 of the 178 disqualified were Negroes; while only 3 of the 43 persons who requested to be relieved from jury duty were of the Negro race. The other categories were unknown as to race. After the new grand and traverse jury lists had been completed and after all the names had been put in the respective jury boxes, a new grand jury was drawn by Judge Stevens from the jury box by lot. A total of 32 grand jurors were drawn: 9 Negroes and 23 whites. The grand jury actually serving consisted of 23 grand jurors, 17 of whom were whites and 6 Negroes, the others having been excused by the court. That grand jury convened on Friday, February 16, for the purpose of considering the regular business of the court and for the purpose of confirming or rejecting per- sons who had been selected by the Board of Education of Taliaferro County, Georgia, to sueceed Horace E. Williams, i - e e e a - eY sf & BS Bex 8 Bs ‘ “ Ne EES NEI EO EONS ON Pi ete 403 Jr. for a term to expire August 25, 1968, Mr. Williams hav- ing resigned, and to succeed Albert Drinkard, deceased, for a term to expire August 22, 1969. Casper Evans, Sr., s Negro, had been chosen by the Board of Education to verve until the next meeting of the grand jury, and Moore Pittman, who is of the white race, had been chosen by the Board of Education to succeed Albert Drinkard, de- wased, for the term expiring August 23, 1969. These choices by the Board of Education were confirmed by the grand jury. The court finds and concludes that the grand jury list, ss revised, is not unconstitutional or illegal. The court finds and concludes that the constitutional provision and the statutes in question are not unconstitutional on their face or as applied. There is nothing in the constitutional provision or in the statutes which contemplates or per- nits the resulting systematic exclusion from the grand ries. The standards are not inadequate. The facts hhowed systematic exclusion in the administration of the gand jury system prior to the revision but this resulted from the administration of the system and not from the onstitutional provision and statutes under attack. The ourt also concludes that the provision requiring that mem- ers of the school board be freeholders has not been town to be an unconstitutional requirement. There was » evidence ‘to indicate that such a qualification resulted aan invidious discrimination against any particular seg- sent of the community, based on race or otherwise. There is thus no merit in the three-judge District Court mestions presented. There remain, however, two single adge questions. One is that of the systematic exclusion of ‘egroes from the grand juries. This is the question that ‘ems from the manner in which the grand jury system was ~_ a SS 404 administered. The [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0140%3A01. Public record. Not legal advice.