Appendix — Harris County Comm'rs Court v. Moore

Supreme Court brief1975

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Text

-

73-H-1033

(age her,

JOHN V. SINGLETON, J

yr,

Dats PROCEEDINGS Vd Poorer

7-23-73 Pitt. ORIGINAL COMPLAINT, filed. Sumaons not issued pending re- 379,

ceipt of additional service copy and Marshal's service form. f |

7-24--73 | SUMMONS issued on deft. (4). :

7-25-73 | (JVS) ORAL ORDER to consolidate C.A. 73-H-1033 with

C.A. 73-H-993 entered. Case will be carried under

C.A. 73-8-993 and all future pleadings will be filed

in C.A. ?3-H-993. Parties ntfd. ra.

MAKE ALL FUTURE ENTRIES IN C.A. 73-H-993

7

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTR” CT OF TEXAS

HOUSTON DIVISION

RICHARD E, MOORE, ET. AL. :

:

vs 2 CIVIL ACTION NOS.

2

HARRIS COUNTY COMMISSIONER COURT, : 73-H-993 and 73-H--1033

ET. AL, z :

es ete eeeeane ise

CLERK'S CERTIFICATE

-

I, V. BAILEY THOMAS, Clerk of the United States District

Court for the Southern District of Texas, do hereby certify

that the following original exhibits were introduced in evidence

upon the trial of the above styled and numbered case:

PLAINTIFFS‘

SXRIBIT NO: 2 (Small Mag of new Precincts and old Precints);

DEFENDANTS *

EXHIBIT NO: 1 (Small map of Harris County; Plan #4 - Moore Plan);

EXHIBITS WITH STIPULATION: (Page 215 of Record) ;

NOS. 7, 8, and 9 (Large Maps; mounted on cardboard);

and the following ORIGINAL DEPOSITIONS: WALTER H, RANKIN,

ROBERT Y. ECKELS,

TOM BASS,

BLACKIE NEELEY (Copy),

JUDGE BILL ELLIOTT,

SHERIFF JACK HEARD, ET.AL.,

BLACKIE NEELEY (Original),

and JAMIE H. BRAY;

and that the same are transmitted herewith ®s part of the record on

appeal of said case in the SUPREME COURT OF THE UNITED STATES.

TO CERTIFY WHICH, witness my hand and the Seal of said Court

at Houston, in said District, this 2nd day

of April, 1974.

V. BAILEY THOMAS, CLERK

UNITED STATES DISTRICT COURT

SOUTEERN DISTRICT OF TEXAS

) f) 7 2

By: Va 7 “il oust aA

W. Paul Harriss,

Chief Deputy clerk

‘

4, — 8

‘

IN THE

United States District Court

FOR THE SOUTHERN DISTRICT OF ied

HOUSTON DIVISION

RICHARD E. MOORE, ET AL., Plaintiffs

V.

HARRIS COUNTY COMMISSIONERS COURT,

ET AL., Defendants

CIVIL ACTION NO. 73-H-993

(CONSOLIDATED WITH NO. 73-H-1033)

STIPULATION

ME NOW RICHARD E. MOORE, J. C. BOLTON,

VERNON G. DOERING, J. W. MAHAN, JOHN HOWE

BOYNTON, GENE ZABOROSKI, and BLACKIE

NEELEY, Plaintiffs in the above styled cause, and COUN-

TY JUDGE WILLIAM ELLIOTT, COUNTY COMMIS-

SIONERS E. A. LYONS, ROBERT ECKELS, JAMIE

BRAY and TOM BASS, individually and collectively as

the Commissioners Court of Harris County, Texas, De-

fendants in the above styled cause, and both the Plain-

tiffs and the Defendants acting by and through their

respective undersigned attorneys of record, agree together

that the following stipulations are true:

1. That all Plaintiffs and all Defendants are residents

or domicillarys of Harris County, Texas.

2. That Plaintiff RICHARD E. MOORE, at the gen-

eral election in the State of Texas in November of 1972,

was duly elected Constable of Precinct No. 7 of Harris

.2

Sie

9

County, Texas, the term of said office beginning January,

1, 1973, and ending December 31, 1976. That the said

RICHARD E. MOORE was duly sworn in to serve as

Constable of Precinct No. 7 of Harris County, Texas, on

January 1, 1973, and served in that capacity through

June 30, 1973. That the Defendants acting as the Com:

missioners Court of Harris County, Texas, on June 28,

1973, passed an Order redistricting said County’s Justice

of the Peace and Constable precincts, effective July 1,

1973, the intended effect of which Order was to abolish

the theretofore existing office of Constable of Precinct

No. 7 as then geopraphically located and to re-locate said

Constable precinct elsewhere within the County, the

further effect of which was. by operation of law, to re-

move the said RICHARD E. MOORE from his said

office.

3. That Plaintiff J. C. BOLTON, at the general elec-

tion in the State of Texas in November of 1972, was

duly elected Constable of Precinct No. 5-of Harris County,

Texas, the term of said office beginning January 1, 1973,

and ending December 31, 1976. That the said J. C,

BOLTON was duly swern in to serve as Constable of

Precinct No. 5 of Harris County, Texas, on January 1,

1973, and served in that capacity through June 30, 1973.

That the Defendants acting as the Commissioners Court

of Harris County, Texas. on June 28, 1973, passed an

Order redistricting said County’s Justice of the Peace and

Constable precincts, effective July 1, 1973, the intended

effect of which Order was to abolish the theretofore ex-

isting office of Constable of Precinct No. 5 as then

geopraphically located and to re-locate said Constable pre-

cinct elsewhere within the County, the further effect of

which was, by operation of law, to remove the said J. C.

BOLTON from his said office.

10

4. That Plaintiff VERNON G. DOERING, at the

general election in the State of Texas in November of

1970, was duly elected Justice of the Peace of Precinct

No. 7 of Harris County, Texas, the term of said office

beginning January 1, 1971, and ending December 31,

1974. That the said VERNON G. DOERING was duly

sworn in to serve as Justice of the Peace of Precinct

No. 7 of Harris County, Texas, on January 1, 1971, and

served in that capacity through June 30, 1973. That the

Defendants acting as the Commissioners Court of Harris

County, Texas, on June 28, 1973, passed an Order re-

districting said County’s Justice of the Peace and Con-

stable precincts, effective July 1, 1973, the intended effect

of which Order was to abolish the theretofore existing

office of Justice of the Peace of Precinct No. 7 as then

geopraphically located and to re-locate said Justice of

the Peace precinct elsewhere within the County, the

further effect of which was, by operation of law, to remove

the said VERNON G. DOERING from his said office.

5. That Plaintiff J. W. MAHAN, at the general elec-

tion in the State of Texas in November of 1970, was

duly elected Justice of the Peace of Precinct No. 5 of

Harris County, Texas, the term of said office beginning

January 1, 1971, and ending December 31, 1974. That

the said J. W. MAHAN was duly sworn in to serve as

Justice of the Peace of Precinct No. 5 of Harris County,

Texas, on January 1, 1971, and served in that capacity

through June 30, 1973. That the Defendants acting as the

Commissioners Court of Harris County, Texas, on June

28, 1973, passed an Order redistricting said County’s

Justice of the Peace and Constable precincts, effective .

July 1, 1973, the intended effect of which Order was

to abolish the theretofore existing office of Justice of the

11

Peace of Precinct No. § as then geographically located

and to re-locate said Justice of the Peace precinct else-

where within the County, the further effect of which was

to remove the said J. W. MAHAN from his said office.

6. That Plaintiff GENE ZABOROSKI, at the gen-

eral election in the State-‘of Texas in November of 1970,

was duly elected Justice of the Peace of Precinct No. 6

of Harris County, Texas, the term of said office be-

ginning January 1, 1971, and ending December 31,

1974. That the said GENE ZABOROSKI was duly sworn

in to serve as Justice of the Peace of Precinct No. 6 of

Harris County, Texas, on January 1, 1971, and served

in that capacity through June 30, 1973. That the Defend-

ants acting as the Commissioners Court of Harris County,

Texas, on June 28, 1973, passed an Order redistricting

said County’s Justice of the Peace and Constable pre-

cincts, effective July 1, 1973, the intended effect of which

Order was to abolish the theretofore existing office of

Constable of Precinct No. 6 as then geographisally located

and to re-locate said Justice of the Peace precinct else-

where within the County, the further effect of which was,

by operation of law, to remove the said GENE ZAB-

OROSKI from his said office.

7. That the Orders passed by the Commissioners Court

of Harris County, Texas, certified copies of which are

submitted herewith as Exhibits as indicated below, and

which are pertinent to this cause, are as follows:

Exhibit 1—Order passed June 7, 1973, redistricting

the County Commissioner precincts of Harris County,

Texas.

Exhibit 2—Order passed June 28, 1973, redistricting

the Justice of the Peace and Constable precincts of

Harris County, Texas.

12

Exhibit 3—Order passed June 28, 1973, creating the

office of Justice of the Peace, Place 2, in each of

the Justice of the Peace Precincts of Harris County,

Texas, numbered 2, 3, 4, 5, 6, 7 and 8.

Exhibit 4—Order passed June 28, 1973, appointing

various persons tc fiill various Justice of the Peace

and Constable offices pursuant to the newly dis-

tricted Justice of the Peace and Custable precincts.

Exhibit 5—Order passed July 5, 1973, appointing a

person to fill the office of the Justice of the Peace,

Precinct 8, Postion I.

Exhibit 6—Order passed July 5, 1973, appointing a

person to fill the office of Justice of the Peace, Pre-

cinct 4, Position 1.

8. That the map exhibit marked Exhibit 7 and sub-

mitted herewith, which depicts the Justice of the Peace

and Constable precinct lines as they existed prior to the

redistricting of said precincts, which took effect July 1,

1973, accurately and truly reflects such precinct lines.

9. That said Exhibit 7 further accurately and truly

reffects the population and square uileage area of each

of the said Justice of the Peace and Constable precincts

shown thereon as they existed prior to the redistricting

of said precincts which took effect on July 1, 1973.

10. That the map exhibit marked Exhibit 8 and sub-

mitted herewith, which depicts the Justice of the Peace

and Constable precinct lines as they now exist after the

redistricting of said precincts, which took effect July 1,

1973, accurately and truly reflects such precinct lines.

11. That said Exhibit 8 further accurately and truly

reflects the population and square mileage area of the

said Justice of the Peace and Constable precincts shown

13

thereon as they now exist after the redistricting of said

precincts, which took effect on July 1, 1973.

12. That the map exhibit marked Exhibit 9 and sub-

mitted herewith, which depicts the County Commissioner

precinct iines as they now exist after the redistricting of

said precincts, which took effect June 7, 1973, accurately

and truly reflects such precinct lines.

13. That said Exhibit 9 further accurately and truly

refiects the population of each of the said County Com-

missioner precincts shown thereon as they now exist after

the redistricting of said precincts, which took effect on

June 7, 1973.

14. The population counts, by census tracts, of each

of the Justice of the Peace and Constable precincts, with

a breakdown of the Black and Spanish surname popula-

tion within each such tract, before redistricting of said

precincts, which took effect July 1, 1973, as reflected

by Exhibit 10, are accurate and true.

15. The population counts, by census tracts, of each of

the Justice of the Peace and Constable precincts, with a

breakdown of the Black and Spanish surname population

within each such tract, after redistricting of said pre-

cincts, which took effect July 1, 1973, as reflected by

Exhibit 11, are accurate and true.

16. Commissioner Tom Bass was appointed Chairman

of a nine-man committee to study redistricting formed

by the Harris County Commissioners Court on March

13, 1973.

17. The redistricting plan adopted by the Harris

County Commissionrs Court combined a portion of old

Justice of the Peace Precinct No. 6 with Justice of the

14

Peace Precincts Nos. 4, 5 and 7 “and a portion of 3 to

form the new Justice of the Peace Precinct No. 4.

18. The Redistricting Plan adopted by the Harris

County Commissioners Court was adopted by the follow-

ing vote: in favor, Commissioners Tom Bass, Jamie

Bray and Judge William Elliott; opposed, Commissioner

E. A. Lyons and Commissioner Robert Eckels.

19. That Plaintiff JOHN HOW BOYNTON lives

within the boundaries of the former Justice of the

’ Peace Precinct No. 7 of Harris County, Texas, and of

the new Justice of the Peace Precinct No. 4 of Harris

County, Texas. Pursuant to the provisions of Rule 23

(b)(2), Plaintiff, JOHN HOWE BOYNTON, purports

to bring this suit on his own behalf and in the behalf of

every resident citizen similarly situated in the former

Justice of the Peace Precinct No. 7 of Harris County,

Texas. Plaintiff would purport that the class of persons

involved is so numerous that joinder of all members

of the purported class is impracticable, and would further

purport that a common question of law and fact exists

as to all members of the purported class. Plaintiff would

further purport that the Defendants have acted on grounds

generally applicable to the purported class, making ap-

propriate final injunctive relief to the purported class as

a whole which would benefit the purported class as a

whole. Defendants do not in any way concede that this

is an appropriate or proper class action.

20. That Plaintiff RICHARD E. MOORE filed suit

under Cause No. 948,328, styled Richard E. Moore v.

Harris County Commissioners Court, Et. Al., in the

164th Judicial District Court of Harris County, Texas,

seeking temporary and permanent relief from the redis-

™y

15

tricting Order which took effect July 1, 1973, and a’ tem-

porary injunction was denied said Plaintiff on June 29,

1973. Thereafter, said Plaintiff took a Non-Suit therein.

21. The numbers of Constables and Deputy Constables

within each Constable precinct, both before and after

the redistricting of said precincts, which took effect July

1, 1973, as reflected in the Affidavit of S. G. Fullerton,

County Auditor of Harris County, Texas, submitted here-

with as Exhibit 12, are accurate and true.

[6]

The foregoing matters are all stipulated and agreed

to by all parties.

The following are matters which were submitted

by the Plaintiff Gene Zaboroski for stipulation and

agreement but which were and are not stipulated

and agreed to by the Defendants:

1. The Harris County Commissioners Court voted to

form a redistricting committee in January of 1973. with

the avowed intent to redistrict the Justice of the Peace

Precincts and Constable Precincts in conformity with the

one man—one vote ruling of the United States Supreme

Court.

2. Commissioner Tom Bass selected the members who

were to make up this committee.

3. This redistricting committee chaired by Commis-

sioner Tom Bass was made up of special interest groups.

4. This redistricting committee considered nine plans,

none of which were adopted.

5. The “Tom Bass’ Redistricting Plan” as adopted

was never considered by the redistricting committee.

16

6. That the “Tom Bass’ Redistricting Plan” as adopted

was not disclosed to Commissioners Eckels or Lyons until

they arrived at the County Commissioners Court meeting

on the morning of June 28, 1973, at which time it was

to be approved.

7. That the nominees to fulfill the newly created Jus-

tice of the Peace Precincts and Constable Precincts had

been predetermined in secret sessions and not disclosed

to Commissioners Eckels or Lyons until the nominations

during the meeting on the morning-of June 28, 1973.

8. No Republicans were appointed to any of the newly

created or vacant Justice of the Peace positions or Con-

Stable positions.

9. Three Justices of the Peace who were appointed

were non-lawyers, to wit: Edd Miller, Bud West. Albert

Lee.

10. Appointee Peavy was Judge Elliott’s assistant and

staff member prior to being appointed as Justice of the

Peace.

11. Shelly Hancock is Ralph Yarborough’s nephew.

12. The majority of newly appointed Justices of the

Peace and Constables were appointed in the geographical

areas that fall within the Precincts of Commissioners Bass

and Bray.

[7]

13. The “Tom Bass’ Redistricting Plan” was adopted

by the Harris County Commissioners Court on July 28,

1973, to take effect July 1, 1973.

14. The vacancy created by the new Justice of the

Peace Precinct No. 6 was filled by Albert Lee, a democrat.

47

15. Commissioner E. A. Lyons and Commissioner

Robert Eckels voted against the “Tom Bass’ Redistricting

Plan” because it did not:conform to the purposes of one

man—one vote. ,

16. The Harris County Commissioners Court did not

check the residency requirements of the persons appointed

to fill the newly created Justices oft the Peace and Con-

stables.

17. Racial considerations were deliberately used to set

up color and ethr.ic precinct lines.

18. That Commissioners Bass, Bray and Judge Elliott

are Democratic office holders; that they are liberal demo-

crats; that their voter support is heavily Black, Mexican

American and Labor.

i9. That the primary reason for the redistricting and

the resultant lines of the precinct was to appoint patron-

age individuals whose appointment would constitute a

political benefit to Commissioners Bray, Bass and Judge

Elliott.

20. The entire redistricting committee established by

_ the Harris County Commissioners Court in January .of

1973 was a sham, because Commissioner Bass had already

decided what plan he wanted along with the other Defend-

ants, that he had prepared his plan in a secret meeting to

which Commissioner Lyons and Eckels were not invited.

21. That the entire matter was a conspiracy to favor

racial, minority groups and special interest voter groups

for political advantage.

22. That the entire plan deliberately eliminated any

Republican from appiontment.

18

23. That the lines in what was old Justice of the Peace

Precinct No. 6, and a Republican precinct, is now redis-

tricted so that Gene Zaboroski, or other future Republic

candidates, are now placed ir a heavily Democratic pre-

cinct insuring Democratic party candidates continued

election to office.

[8]

24. That the “Tom Bass’ Redistricing Plan” as adopted

deliberately eliminated a “safe Republican” precinct and

created a safe Black and safe Mexican American pre-

cincts.

25. That the voter records of the last election of each

of the County Commissioners Bass, Bray, and Elliott

indicate that the Blacks, Mexican Americans and Union

votes delivered a heavy majority toward their reelection.

26. That Commissioners Bass, Bray and Judge Elliott

have voted together in partisan matters on the Harris

County Commissioners Court since Commissioner Bass’

election to the Court in 1966. -

27. That the selection of the citizens committee to

study redistricting chaired by Commissioner Bass was a

sham in that the Commissioner was stacked six to three

in favor of persons friendly to and politically compatible

with Commissioner Bass.

28. That the redistricting plan adopted by the Harris

County Commissioners Court does not conform to the one

man—one vote rule.

29. That the appointment of non-lawyers, i.e. Albert

Lee, Bud West and Edd Miller negated the Court’s major-

ity statement that one basis for the redistricting was to

put lawyers in as Justice of the Peace to replace non

lawyers.

19

30. That the actions of appointing the particular’ per-

sons newly appointed and changing some office holders to

new areas was purely politically motivated by the Defend- ’'

ants Bass, ©.0t', Bray faction of the Harris County Com-

missioners Court.

EDWARD J. LANDRY

Edward J. Landry

Attorney in Charge

for Defendants

202 Harris County Courthouse

Houston, Texas 77002

713-228-8311 Ext. 151

MICHAEL R. DAVIS

Michael R. Davis

Of Counsel

for Defendants

202 Harris County Courthouse

Houston, Texas 77002

713-228-8311 Ext. 151

C. ANTHONY FRILOUX, JR.

C. Anthony Friloux, Jr.

Attorney in Charge

For Plaintiff Gene Zaboroski

1215 First National Life Building

Houston, Texas 77002

713-227-4141

GERALD A. WOOLF

Gerald A. Woolf

Of Counsel

For Plaintiff Gene Zaboroski

1215 First National Life Building

Houston, Texas 77002

713-227-4141

20

VIRGIL H. BARFIELD

Virgil H. Barfield

Attorney in Charge

For Plaintiffs, Richard E. Moore,

et al.

500 Houston Bar Center Building

Houston, Texas 77002

713-225-9257

JOHN G. GILLELAND

John G. Gilleland

Of Counsel

For Plaintiffs, Richard E. Moore,

et al.

500 Houston Bar Center Building

Houston, Texas 77002

713-222-6127

DAVID HOLLINGSWORTH

Vavid Hollingsworth

Of Counsel

For Plaintiffs, Richard E. Moore.

et al.

500 Houston Bar Center Building

Houston, Texas 77002

713-222-6127

LARRY B. KERFOOT

Larry B. Kerfoot

Attorney in Charge

For Plaintiff Blackie Neeley

910 Houston Bar Center Building

Houston, Texas 77002

713-228-9641

21

fy¥mBIT 10 Te TRE STWULATION

BEFORE REDISTRICTING

J P & Constable Pct. 1.

Census Tract Total pop. Black J Spanish ft

121 3,719 $27 14.2 370 9.9

122 4,627 853 18.4 3,582 77.4

123 2,042 182 8.9 1,365 66.8

124 4,822 3,965 82.2 122 2.5

125 1,391 67 4.8 462 33.2

126 7,448 6,280 84.3 216 2.9

201 10,834 10,741 99.1 40. 4

202(most) 4,899 460 9.4 2,454 $0.1

203(most) , 10,123 1,275 12.6 $,774 $7.0

204 4,167 4.105 98.5 19 -S

205 16,235 15,206 93.7 1,071 6.6

206 9,231 8,115 87.9 964 10.4

207 10,159 9,202 90.6 627 6.2

208 . 14,711 12,803 87. 1,808 12.3

209 (part) 219 s 2.3 I) 22.7

214(1/2) 1,793 307 17.1 392 21.9

215 16,983 9,080 $3.5. 1,159 6.8

216 6,796 8,291 76.4 61 0.9

217 13,807 10,194 86.3 1,241 @ 10.5

218 11,190 $,251 46.9 1,566 1*.0

219 5,964 2,046 34.3 763 12.3

220 6,904 2 3.2 $66 R. 2

221 2,478 = ------ “s+* 245 3.9

225 15,844 16,742 67.8 932 5.9

227 5,818 1 344 $.9

301 10,548 10 1 $,601 $3.1

302 5,813 251 4.3 1,656 28.5

303 3,581 3,410 95.2 108 3.0

304 14,304 14,033 98.1 140 1.0

305 11,318 11,210 99.0 87 8

306 7,634 6,771 88.7 242 3.2

307 12,519 11,938 95.4 208 1.7

308 (1/2) 3,512 735 20.9 291 8.3

309(part) . 2,431 20 0.8 439 18.0

310(most) 4,742 9 0.2 2,381 $0.2

311 9,356 7S 0.8 7,0S1 75.4

312 (most) $,942 23 0.4 4,434 74.6

314 (part) 1,905 684 35.9 172 9.8

315 7,663 $,391 70.4 302 3.9

316 $,544 2,825 $1.0 244 4.4

317 18,484 11,078 71.5 923 6.0

334 (part) 1,390 77 $.6 208 14.9

401. - $,963 433 7.3 1,660 . 27.8

402 11,$S1 368 3.2 1,782 15.4

403 7,088 67 -9 744 10.5

404 6,805 39 6 352 $.2

40s 9,340 19 2 832 8.9

406 $,978 86 1.4 323 S.4

407 10,349 142 1.4 $82 $.6

408 3,381 1 == 345 10.2

409 3,963 2 1 156 3.9

410 $,973 5 <1 323 S.4

411 1,466 1 1 108 7.4

412 9,956 62 -6 408 4.1

413 8,654 13 -2 677 7.8

414 . 8,948 23 -3 473 $.3

416 18,611 1? -1 8ss 4.6

417 12,640 8 1 774 6.1

418 6,369 2 =< 483 7.6

419 14,169 91 6 1,105 7.8

420 14,0991 63 4 7 $.5

22

BEFORE REDISTRICTING

JP & Constable, Pct. #1

Page -7Z-

CENSUS TRACT TOTAL POP. BLACK 1 SPANISH

421 3,698 16 .4 201

422 16,486 31 .2 648

423 17,616 1,760 10.0 1,593

424 7 12,590 <1 549

425 14,597 38 <3 670

426 7,640 6 ad 414

433 6,359 289 4.5 298

434 880 36 4.1 14

435 5,937 1 --- 220

436 10,457 15 1 916

437 146 18 12.3 32

438 7,795 $3 .7 416

349 3,866 7 <a 126

440 16,661 24 | 672

441 3,847 --- --- 7S

442 12,995 35 3 586

443 23,189 8 --- 1,011

444 18,175 7 +-- 496

445 12,873 7 ol 446

446 21,046 9 --- 882

447 13,844 10 ok 476

448 215 5 2.3 26

449(1/2) 90 6 6.7 ll

450 285 3 1.6 28

451 (part) 68 Ss 6.6 12

501 126 56 44.4 131

$02 3,211 2,562 79.8 $69

503 13,777 7.2 9,633

S04 4,097 1,678 41.0 1,778

505 6,220 1,863 30.0 2,883

506 9,901 50 2S 1,724

$07 8,603 39 a 1,379

508 - §,925 1,561 ° 26.3 3,207

50S 12,867 2,204 17.1 2,974

$10 6,865 6,263 91.2 137

$11 6,951 18 .3 1,228

$12 7,617 12 <2 789

$13 3,501 371 10.6 $34

514 7,709 4,451 $7.7 790

$15 8,023 925 11.5 1,711

$16 7,778 227 2.9 2,245

$17 13,449 260 1.9 486

$i8 13,561 2,439 18.0 973

519 13,602 1,851 13.6 sol

$20 12,975 5,621 43.3 808

$21 10,253 14 ms | 1,359

$22 11,967 5 ---- 770

$23 11,908 26 .2 713

24 2,121 1,964 92.6 92

525 10,659 8,352 78.4 148

$26 16,491 113 7 986

$27 9,680 4 --- 589

$28 2,033 1,288 63.4 89

529 4,513 1 21

530 8,92 4,871 $4.6 140

$31 13,744 7,771 $6.5 $20

$32 12,736 o--- 704

$39(part) 449 35 7.8

40 2,102 ~— ----- ---- 121

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23

BEFORE REDISTRICTING

J _P_& CONSTABLE PCT. @1

Page -3-

CENSUS TRACT

$41 (most)

$42

$43

TOTAL POP.

1,445

2,230

492

975,140

t SPANISH

---- 30

44.7 324

- +++. 2s

25.4 114,376

J P & Constable Pcts.

BEFOF REDISTRICTING

2

CENSUS TRACT

202(part)

209 (most)

210

214 (1/2)

308 (1/2, S08)

309 (1/2, S08)

310 (part) 25%

342 (part) 258

314 (most) 75%

3

334 (most)

S

356 (1/2)

357 (most) 75%

389 (part) 25%

370 (1/2) sot

373 (most) 75%

24

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BEFORE REDISTRICTING

JP & Constable Pcts. #2

Page -2-

CEXSUS TRACT

431

432

TOTAL

TOTAL POP.

6,951

2,345

427,724

25

BLACK

8

6

8,292

SPANISH

177

39

35,429

Lod

uw

Racin:

26

BEEORE REDISTRICTING

Original J.P. & Constable Pct. 3

CENSUS TRACT TOTAL. POP. BLACK

226 3,014 128

228 3,281 0

229 1,790 0

230 18,529 9

231 6,965 1

233 1,596 4

234 2,590 8

235 3,931 2

236 1,747 0.

237 625 1

250 458 0

251 1,917 3

252 558 4

263 1,063 136

256 80 0

255 1,681 20

256 44 10

257 578 1

25a 4,632 2,475

259 6,440 2,016

260 166 19

261 1,814 25

262 85 17

263 4,671 4

264 3,306 888

265 1,850 121

266 4,997 7

267 4,849 19

268 1,791 12

269 6,416 53

270 4,611 31

27) 3,170 3

272 4,390 805

273 4,026 215

274 1, 368 2

Totals T10, 387

-

.

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27

BEFORE REDISTRICTING

JP § CONSTABLE, PCT. #4

CENSUS TRACT TOTAL POP. BLACK oe SPANISH $

222 6,444 271 4.2 1,317 270.4

223 12,251 600 4.9 2,914 23.6

224 14,239 4,204 29.5 1,150 8.1

238 2,560 ad , oes 105 4.1

239 $,490 77 1.4 611 11.1

240 8,469 4 =. 662 7.8

241 3,821 5 1 243 6.4

242 86S a == === =<

243 1,733 353 19.3 aiatad ahs

244 1,901 238 12.5 $5 2.9

245 4,490 38 8 71 1.6

246 1,499 873 $8.2 68 4.5

247 332 eos === 53 10.9

248 415 1 2 28 6.7

249 2,358 2s 1.1 89 3.8

$33 10,695 14 1 270 2.5

$34 1,734 6 3 24 1.4

$35 282 1 4 --- 2

$36 2,304 c2- 7 137 $.9

TOTALS 81,879 6,692 8.2 7,797 9.5

|

!

'

BEFORE REDISTRICTING

28

Original J.P. and Constable

CENSUS TRACT

258

$41 (part)

550

$51

$52

$53

$54

$S7

Totals

TOTAL Por.

482

BLACK t SPANISH t

0 0 10 2.1

8 1.9 ) 0

42 3.4 0 0

18 1.5 0 0

309 11.3 31 3.1

3 7 0 0

203 44.1 0 0

$83 8.4

41 0.6

\

29

BEFORE REDISTRICTING

Original J.P. & Constable Pct. 6

SPANISH

CENSUS TRACT _ TOTAL POP. BLACK $

449 (.25) (part) 4s 3 6.7 5

451 (most) 75% 20S 14 6.6 34

452 2,422 43 1.8 91

544 37 9 24.3 0

$45. 4,492 o 0 139

546 399 $3 13.3 39

$47 457 132 28.9 0

548 3$2 ne 0

$49 396 41 10.4 18

Totals 8,805 296 3.4 326

VOORBHOMMOr »

~

EROS EO ED ah Fi OV Db

BEFOR), REDISTRICTING

Original J.P. and Constable Pet. 7

PERS ERR CRRA

CENSUS TRACT TOTAL POP. BLACK $ SPANISH ‘

537 1,283 22 1.7 0 0

‘ 538 1,998 173 8.7 114 5.7 i

a $39 (most) 1,340 105 7.8 24 1.8

3 75%

i

4 555 941 242 25.7 0 0

556 1,731 1 | 36 oe |

r

j 558 2,508 2 re 35 1.4

| 559 ~ 2,173 393 18.1 72 3.3

i Totals 11,980 938 7.8 281 2.3

“~~

s 5

; . OE ht Et IATL OE ag LORY

b4

31

7 BEFORE REDISTRICTING

FAT INTs

Original J. P. and Constable Pct. 8

CEXSUS TRACT TOTAL POP. BLACK 2 SPANISH ’

75%

352 (most) 206 0 0 27 13.1

353 11,445 5 0 1,471 12.9

354 0 0 0 0 0

355 14,403 5 0.0 651 4.5

356 (1/2) 6,578 5 0.1 830 12.6

(50%

357 (part) 4,733 2 0.0 191 4.0

358 4,302 1: 0.0 193 4.5

359 (most) . 5,646 1 0.0 282 .7

360 12,820 1 0.0 362 2.8

361 0 0 0 0 ;

362 131 0 0 0 0

363 991 0 0 29 2.9

364 760 17 2.2 7 .9

365 5,740 906 15.8 601 10.5

366 6,791 4 0.1 478 7.0

367 540 0 0.0 32 5.9

368 6,263 7 0.1 145 2.3

369 2,266 27 1.2 117 ‘2 .

370 1/2) 373 11 2.8 37 9.9

508

Totals 81,998 992 1.2 5,453 6.7

saab

BRR a

oS

32

CANIBIT 1! Te. THE STIPULATION

AFTER REDISTRICTING

J P & Constable Pct. 1

Census Tract

a

Total Pop. Blach J

3,719 $27 14.2

1,391 67 4.8

7,448 6,280 84.3

10,159 9,202 90.6

14,711 12,803 87.

6,796 5,191 76.4

11,807 10,194 66.3

11,196 $.251 46.9

5,964 2,046 34.3

$5,963 433 7.$

11,551 368 3.2

7,058 67 9

6,805 39 -6

9,340 19 2

5,978 86 1.4

10,349 142 1.4

3,38) 2

3.963 z Pe

5,973 5 1

1,466 1 1

9,956 62 -6

8,654 13 2

4,097 1,678 41.

6,220 1,863 30.

9,901 50 5

8,605 39 5

12,867 2,204 17.1

6,865 6,263 91.2

6,951 18 3

7,617 12 2

3,501 371 10.6

7,709 4,451 $7.7

8,023 925 11.5

7,778 227 2.9

13,449 260 1.9

13,561 2,439 18.

13,602 1,851 13.6

12,975 5,621 43.3

10,253 14 1

16,491 113 +7

9,680 ---

Totals 343,765 8T, 207-

Spanish

Language

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33

sy

‘

+,/

Constables & J P Pct. 2 (After)

Census Tract Total Pop. Black

209 875 20

210 11,981 * 10,619

211 10,516 11,395

212 9,563 -“---

213 $,311 - 203

214 3,586 614

232 5,750 -e--

320 15,447 16

322 11,760 4

323 8,408 16

324 11,900 25

326 7,729 }

344 1,706 1

345 6,601 oee-

346 1,970 cove

349 9,537 6

350 8,877 9

351 4,009 were

352 274 wee-

371 9,490 20

372 5% coee

375 74 0

Totals 135,560 17,975

Spanish 4

Language

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34

JP & Constables Pct. 3 (After)

Census Tract Total Pop. Blacks ‘ Spanish 4

Language

2158 16,983 9,080 $3.5 1,189 6.8

224 14,239 4,204 29.58 1,150 8.1

225 15,844 10,742 67.8 932 $.9

226 3,014 8 4.2 $4 1.8

227 $,818 4 1 344 5.9

228 3,281 0 cece 82 2.5

229 1,790 0 cece 219 12.2

230 18,529 9 see 485 2.6

231 6,965 i e+e 75 1.1

233 1,596 4 3 29 1.8

234 2,590 8 3 183 7.1

235 3,93) 2 1 166 4.2

236 1,747 0 tose 0 oe

237 625 1 +2 0 ose

238 2,560 0 cere 105 4.1

239 $,490 77 1.4 611 22.3

247 332 0 cece $3 16.0

252 558 4 Pe i 0 vce

253 1,063 136 12.8 43 4.0

» 254 805 0 ---- 16 2.0

255 1,681 20 1.2 0 —

256 445 10 2.2 0 eee

2587 $78 1 0.2 0 ose

258 4,632 2,745 59.3 2s x

259 6,440 2,016 31.3 76 1,2

260 166 19 11.4 0 aed

261 1,814 25 1.4 —~ 36 2.0

262 857 17 2.0 297 34.7

263 4,671 4 0.1 209 4.5

264 3,366 BRB 26.4 1,721 $1.1

265 1,850 121 6.5 281 15.2

266 4,997 7 1 316 6.3

267 4,849 19 4. 38 -8

268 1,791 12 0.7 ----- oe

269 6,416 $3 0.8 158 2.58

270 4,611 31 0.7 166 3.6

273 3,170 3 1 354 N.2

272 4,390 80s 18.3 299 6.8

273 4,026 215 $.3 396 9.8

274 1,368 2 0.1 cece aa

275 i 0 ---- ---- <>:

8 .

Totals YT6,5So way Ts TO, 07s— LS ae

“Ne

35

J P & Constables Pct. * (After)

Census Tract Total Pop. Biack ‘

220 6,904 219 3.2

221 2,478 --- o--

222 6,444 271 4.2

223 12,251 600 4.9

240 »46 4 —

241 3,821 s |

242 86S oes coe

243 1,733 335 19.3

244 1,901 238 12.5

245 4,490 38 .8

246 1,499 873 $8.2

248 415 1 2

249 2,5558 25 1.1

250 4s oo- . wee

251 1,917 3 0.2

$22 11,967 5 +.

$23 11,908 26 0.2

$24 2,121 1,964 $2.6

$28 10,659 8,352 78.4

$29 4.513 0.1

530 8,929 4,871 $4.6

$31 13,744 : 4 $6.5

$32 12,736 6 o+--

$33 10,695 14 0.1

$34 1,734 6 =

535 282 1 4

$36 2,304 «= --*2- ----

$37 1,283 22 7

538 1,994 173 7

$539 1,795 140 7.8

$40 2,102 oer ---

$41 1,926 ---- ---

S45 4,492 ++: eee

548 352 1 3

$49 396 41 10.4

$50 428 8 1.

$51 1,236 42 3.4

$82 1,191 18 1.58

$53 2,734 309 11.3

$54 435 3 .7

55S 941 242 28.7

556 1,731 1 me

$$7 460 203 44.1

4 er 2 at

ss 173 393 18.1

Totals 75,765" —se—CtC(‘“<‘«zx SS

27,247

Spanish

Language

tea aent | ANUCoe

reeee pos

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J_P_& Constable Pct § (After)

Spanish

Census Tract Total Pop. Black mi Language a

416 18,611 17 0.1 8SS 4.6

417 12,640 8 0.1 774 6.1

418 6,369 2 -- 483 7.6

419 14,169 91 0.6 1,105 7.8

420 14,09) 63 0.4 779 5.5

421 3,698 16 0.4 201 5.4

422 16,486 31 0.2 648 3.9

423 17,616 1,760 10.0 1,893 9.0

424 12,590 1S 0.1 549 4.4

425 14,997 38 0.3 670 4.5

426 7,640 6 0.1 414 5.4

427 6,118 3 ++. 312 $.1

428 8.476 18 0.2 145 1.7

429 4,616 15 0.3 61 1.3

430 3,439 12 0.3 155 4.5

431 6,951 8 0.1 177 2.5

432 2,345 0.3 39 1.7

433 6,359 289 4.5 298 4.7

434 880 4.1 14 1.6

435s 5,937 1 “-- 220 3.7

436 10,457 15 0.1 916 8.8

437 146 18 12.3 32 21.9

438 7,795 $3 0.7 416 $.3

439 3,866 7 0.2 126 3.3

440 16 ,661 24 0.1 672 4.0

441 3,847 se --- 75 1.9

442 12,995 35 0.3 $86 4.5

443 23,189 8 --- 1,011 4.4

444 18,175 7 ee 496 2.7

445 12,873 - 7 0.1 446 3.5

446 21,046 9 --- 882 4.2

447 13,844 10 0.1 476 3.4

448 215 s 2.3 26 12.1

449 179 12 6.7 21 11.7

450 18S 3 1.6 28 18.1

451 273 18 6.6 46 16.8

452 2,422 43 1.8 91 3.8

$28 2,033 1,288 63.4 89 4.4

$42 2,230 997 44.7 324 14.5

$43 492 *-- --- 2s 5.1

$44 37 9 24.3 eee eree

$46 399 53 13.3 39 9.8

$47 457 132. 28.9 iia

8

Totals 337,844 5,188 i a .

a

37

JP & Constable Pct. 6 (After)

Consus Tract Total Pop. Black _8_ Fs pavbae fe 5

122 4,627 853 18.4 3,582 77.4

123 2,042 182 8.9 1,365 66.8

201 10,834 10,741 99.1 40 4

202 6,532 613 9.4 3,272 $0.1

203 13,497 1,700 12.6 7,699 57.0

204 , 4,167 4,105 98.5 19 Ss

205 16,235 15,206 93.7 1,071 6.6

206 9,231 8,115 87.9 964 10.4

301 10,545 0 -l $,601 $3.1

302 5,813 251 4.3 1,656 28.5

303 3,581 3,410 95.2 108 3.0

309 9,723 9 0.8 1,754 18.0

310 6,322 12 0.2 3,175 50.2

311 9,356 75 0.8 7,051 75.4

312 7,923 31 0.4 §,912 74.6

313 9,801 33 0.3 1,387 14.2

319 5,786 1S 0.3 358 6.2

321 11,704 1,664 14.2 3,52 30.1

325 9,213 ---- 1,3 14.7

$01 126 56 44.4 131 74.0

502 3,211 2,562 79.8 569 17.7

503 13,777 7.2 9,633 69.9

508 54925 1,561 26.3 35207 $4.1

Totals 179,971 $2,263 29.0 63,431 35.2

g ‘ < 1 . ee |

J P & Constable Pct. 7 (After)

Census Tract Total Pop.

124 4,822

304 : 14,304

305 11,318

306 7,634

307 12,519

308 7,024

314 7,622

3158 7,663

316 5,544

317 15,484

318 19,071

327 10,399

328 16,144

329 10,526

330 $,413

331 1,029

332 6,47

333 2,742

334 $,559

335 12,92

336 1,253

337 427

338 2,641

339 10,017

340 7,451

341 347

342 1,080

343 7,187

. 8,948

1 C) 14,834

Totals T3E, TOT

— /

uw

~

NrROCekOUOrFMOYYUYOe COU eanorn

0.8

Spanish %

Language

~

nN

nN

~N

N

=

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AnryCDeUo@orwuw

oe 8

~

.

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wnn ~

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oe ew ete

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eee

Vir OCOBDOW SK SOAUVUUWOOWNO HSU BWIN®DWOMN

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39

“WON +) wom!) OOOOM,!! i Ne

J P & Constable Pct. 8 (After)

Census Tract Total Pop. Black $

347 18,217 10 0.

348 11,527 28 0.

353 11,445 5 .-

354 “ weno -- --

355 14,403 5 --

356 13,155 9 0.

3587 18,931 6 0.

356 4,302 1 0.

359 4,91 1 0.

360 12,820 1 0.

361 -- --

362 131 -- --

363 991 -: -*

364 760 17 2.

365 $,740 960 1s

366 6,791 4 0.

367 $40 -- --

368 6,263 7 0.

369 2,268 27 1.

370 746 21 2.

373 10,492 30 0.

374 S,472 6 QO.

Totals 149,863 1,084

Total Pop........rbptbeybse / 7F/, 9/2

Spanish Language...

172,345

10,826

Black......cccee. «+ PaO OSS 350,667

% Black....... Caveoe

% Sp. Language........

20.1

9.9

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7.2

40

[5] :

DEPOSITION TESTIMONY OF

COUNTY COMMISSIONER ROBERT Y. ECKELS

Q. For the record, please state your name.

_ A. Robert Y. Eckels.

Q. Mr. Eckels, you are a Commissioner of Harris

County?

A. Precinct 3.

Q. Precinct 3. I am Virgil Barfield, I am with Mr.

John Gilleland, we represent the plaintiffs in this cause.

Now, then, I have & few questions I want to ask you in

regard to a redistricting plan that went into effect in

June, 1973. You were a Commissioner of Harris County

at that time, were you not?

A. I was.

Q. Mr. Eckels, were you familiar with a committee

formed early in 1973 for the purposes of redistricting?

A. I was. nN

Q. Did you have any vote in the forming of or the

appointment of that committee?

[6]

Q. That will be fine. What was the purpose of this

committee?

A. The purpose submitted to the Court was to comply

with the one man, one vote rule, and to equalize the

precincts of constables and J.P.’s and County

[7]

Q. Based on this committee, or the constitution of

this committee, is it a fair statement to say there were

41

members of the Republican Party, the Democratic Party,

the Black community, the Latin-American community, the

women in the community, the constables and the justices

of the peace of the community?

A. Yes, in my opinion.

Q. In your personal opinion, would you constitute,

or would you say it is a special interest group consti-

tuting this: committee?

A. I think the special interest groups were represented.

I felt like the composition of it was stacked toward the

motivation that I felt like ultimately surfaced in the

formation of the committee. Off the record.

(At this time there was a brief discussion off

the record, after which

* ok *

[8]

Q. Are you familiar with the plan called the Bill

Williams Plan, or a Plan 9?

A. Only in that he presented a plan.

Q. Mr. Bill Williams?

A. Yes.

Q. Do you know whether or not this was the plan

that was submitted by the committee to the Harris

County Commissioners Court for approval?

A. I don’t recall which plan was presented to the

Court, as such, there were so many changes. I know that

in my inquiry, the first time the plan of this phase was

presented, and it was held back and then coming back and

forth, and then in the final presentation, the lines were

changed by Commissioner Bass without consultation with

anyone.

' 42

Q. I see. Then the ultimate plan that was adopted,

voted on, on June 28—I believe, 1973?

A. Yes.

[9]

Bass himself, is that a fair statement?

A. Yes, and different from any other pian presented

by anyone else.

Q. I see. Let me ask you, how did you vote on the

plan presented by Mr. Bass?

A. I voted against it.

Q. Do you know from your own personal knowledge

how any of the other Commissioners voted?

A. There were three votes for it and two votes against

it.

Q. Two votes dissenting, one of them being yours?

A. Mine was a dissenting vote. May we go off the

* * *

record?

Q. Do you have any personal knowledge of the—of

a purpose of this committee to create a precinct for

Blacks or for Latin-Americans?

A. The only apparent changes were for this purpose

for creating precincts in the Black and Latin-American

areas: They did not, in my judgment, materially affect

the one man, one vote rule. In summary, it was not done

on the basis of a one man, one vote; they did not equalize

the

[10]

districts.

43

Q. Based on your opinion as a Commissioner, do you

feel that the redistricting order of June 28th was in

order to create a Black precinct or a Latin-American pre-

cinct, and not for the benefit and convenience of the

citizens of Harris County, Texas?

A. I feel very strongly this is the apparent reason

for it.

[11]

Q. Three justices of the peace. Do you feel that the

change of the boundaries dissolving the Precincts 5, 7

and 4 into one Precinct 4 is for the convenience of the

people?

A. No, I do not.

[12!

Q. Arising out of any conversation or contact with

the committee, was it ever brought to your attention that

the purpose of this or ultimate goal of this committee

was to form a Black precinct?

A. Among other minority interest groups, yes.

Q. Including Latin-Americans?

A. Yes, this was the opinion that appeared more

and more through the course of their meetings.

Q. When the plan came to an ultimate vote before the

Harris County Commissioners Court, was there ever any

mention of the creation of a Black or minority member

of the community for justice of the peace and constable?

A. The Tom Bass Plan, that is the one he conceived

without the committee, but the one that was presented

was the topic of discussions between several of us, that

this was the apparent purpose it did not follow the one

44

man, one vote rule, but did apparently create distnicts

for special interests and minority groups.

[13]

Q. The Tom Bass Plan, then—let me rephrase the ques-

tion. Was there ever any mention or any recommendations

among the Commissioners Court itself at which you were

present, in regards to districting along these lines?

A. Yes.

Q. Along these lines, meaning for the benefit of a

minority group?

A. There was considerable discussion when it was pre-

sented for approval. The conversation being that its ap-

parent purpose was not in its original intention as stated,

which is the one man, one vote rule, and there was strong

argument to try not to get it.

Q. Of the majority of the commission, did they ever

indicate to you in any manner whatsoever this was their

intent?

A. As best I can recall, the strongest allegations that

would have been made to this, when I made the accusa-

on, “Well, is there anything wrong with that;” outside

of that, I can recall no specific instances.

Q. Excuse me, when you say, “Was there anything

wrong with that”—

A. My argument to the proponents of the changes on

[14]

the basis this is strictly on a race and special interest

group.

Q. And their answer to that?

A. “Was there anything wrong with that.”

45

~

Q. With setting it up for the minority groups?

A. Yes.

Q. I understand. Do you feel that the Tom Bass

Plan that is presently in effect, effectively applies the one

man, one vote rule, which was the ultimate goal of the

committee majority?

A. In no way.

Q. Was there any discussion as to the time element

at which this redistricting plan was to be put into effect?

A. Not until it came to Court for its final time, when

they said it was going to be effective that day, and very

poor judgment, in my thinking, to do it in that fashion.

I was not aware of any immediate changes of this type,

it was my opinion until that day that it wouldn’t be

effective until the first of the year or until the next election.

Q. Then it was your understanding any order to be

entered was to be effective at the next general election,

not shortly after the general election of 1972 at which

time these constables and

[15]

justices of the peace had just been elected?

A. Yes, I had considered it unconstitutional to move

a man out of office, and it was my understanding from

the incept of this program that it would not be effective

until the election or the first of the year following the

election.

Q. I see. Was this pointed out, or was this point

argued before the full commission?

A. It was disputed at the time the plan was presented.

* * *

46

: A. The timing of it, that it should not take place un-

’ til after the next county election.

Q. Would you have any knowledge of whether or not

there was any discussion as to —after the order

[16]

went into effect as to who was going to be appointed to

the new positions, should vacancies exist after the new

order?

A. Yes, there was discussion on the new vacancies. I

was involved in some of it, some of it came to the table

without my knowledge.

Q. Was there any discussion made in regard to the

appointment of a minority to these vacancies?

A. Yes.

Q. Was this before the Harris County Commissioners

Court itself, or the committee, where were these dis-

cussions?

' . A. In personnel conference of the Court.

Q. For the benefit of myself and others, what is a

personnel conference?

A. Behind closed doors.

* * *

7.

Q. Was any indication given that the appointment of

a Black or a minority group to these newly created

vacancies was for the purpose of their re-election at a later

date?

A. Yes.

[17]

Q. Was this in any way the purpose of those voting to

place them in office? °

47

A. In my opinion, it was.

Q. In your opinion. Do you feel—in your personal .

opinion, do you feel that the installation of a minority

member in those newly created vacancies enhanced their

chances for re-election in the next general election?

A. I would feel it does, yes.

Q. Do you feel that this move in regards to the re-

districting, creation of vacancies, is to enhance—to place

and enhance the chances for re-election to the office of

justice of the peace and constable?

A. Yes.

* * *

Questions by Mr. Kerfoot:

Q. I have just one question, Commissioner. We went

through a moment ago about the conversation that oc-

curred in reference to should the order be implemented

immediately or should there be a time lag, so to speak.

Was a portion of that discussion’in any way related to

the right of the people to have their vote?

[18]

A. There was considerable discussion on my part on

depriving people of their right to representation more so

than the right to vote. You were taking people out of

office that had been voted in, and in my opinion, had a

contract with the voters, and you were violating this

contract between the elected officia! and the voters, in

my opinion.

* % *

tion of the plan and voting on it, to your knowledge was

there any reason given why, or did any evidence occur

48

why this be done, were there any circumstances that

prevented the Court from having a time lag?

A. The only comments I can recall was that it needed

to be done now, as far away from the county elections

as possible, so the dust could settle and not have contro-

versy—the dust would have

[19]

time to settle before elections. I think in Gene Zaboroski’s

case, as several others, I think there were obvious, be-

cause you had elected officials serving in an area they had

been elected in, they were displaced and people outside

the election appointed to fill the vacancies. Specifically,

my very good friend, Shelly Hancock was appointed to

fill a vacancy that Gene Zaboroski, or the justice of the

peace at Tomball—what is his name? Joe Mahan, living

in the area, but they were not appointed to fulfill those

vacancies. :

Q. Do you know of any reason why Commissioners

Court could not have implemented a time lag, do you

know of anything standing in the way, to prevent them?

A. I think they should have.

Q. You don’t know of anything that would have pre-

vented them from doing it?

A. I know of no reason why they couldn’t have except

the vote was three to two against it.

[20]

Q. All right, now, as I understand your objection to

the present plan in effect, as adopted by the Commis-

sioners Court on June 28, 1973, with regard to the jus-

tices of the peace and constables, that objection is the

fact that it did not follow the arithmetical exactness of

49

[21]

the one man, one vote concept?

A. That, plus the gerrymandering of the boundaries

to represent ethnic groups, plus the installation of it at

the time.

* * *

- Q. And what do you base your objection to that par-

ticular kind of redistricting, as to those two particular

precincts?

A. I don’t think that it is good to isolate a community

in any way, shape or form because of their ethnic posi-

tions in the community. I don’t think you should insulate

a Black community from the total, I don’t think that you

should insulate a Jewish community from the total. I

don’t think it is the way you are going to have people

living together in harmony; I think if you can have a

free flow and working together, then you will.

[22]

Q. Do you not think that in a precinct, and assuming

one of the precincts is predominately Black and one of

the precincts is predominately Brown, to use that color

term very generally, do you not think there is a com-

munity of interest in, say, one particular precinct which

is predominately Black which might be served best by

a justice of the peace who might be appointed or who

might be Black that might be appointed, and of the con-

stable who might be Black who might be appointed?

A. I think you are definitely doing a disservice to that

community, to restrict them in that fashion. I don’t think

that the Black or Brown of an individual would keep

50

any qualified individual from becoming an elected official,

T think you will find in any position, you will find in an

area of balance, that the white people will accept a Black,

and a Black will accept a white or Brown or purple, or

anything else, as long as they are qualified to fulfill that

job, I think you will better serve the needs of the people

by treating them all alike.

[23]

Q. How is that harmful to those people?

A. I didn’t say harmful other than to the extent it

does limit them with the color. I am saying if you were

to design the precincts on a one man, one vote basis, as

to convenience of the community of the locations, other

than just basing it strictly on ethnic purposes, you are

going to have a community that will live together and

try to erase the color line that is now creating so many

problems in the community. '

Q. How do you feel, or why do you feel that the ‘pres-

ent redistricting plan is not for the convenience of the

people?

A. Do we have until about 10:00 o'clock?

Q. Yes, sir, if that is what it will take.

(At this time, Counsel Gilleland entered, and

was present for the balance of the deposition,

which continued as follows:

A. Number one, the implementation of the plan at

[24]

the time that it was-put in immediately was expensive.

Number two, it was confusing. Number three, it was very

51

disruptive to the process that the justices of the peace

and constables were elected to accomplish. I think that

the plan tore at the roots of various communities, par-

ticularly your rural areas, without any opportunity for

better planning to replace them.

{27}

Q. To summarize your objections to the new redistrict-

ing plan, you stated one, it did not adhere to the one man,

one vote concept, was one objection?

[28]

A. Right.

Q. Two, it was your impression that the ultimate goal

not only of the committee but of the Court as well, was

to form two minority precincts?

A. Well, of the majority of the Court. I object—

Q. The majority. .

A. I object to the gerrymandering of the boundaries

on an ethnic basis.

* * *

A. There are other objections besides those two.

Q. Which I hope in summarizing to take up. Notwith-

standing the fact the one man, one vote concept

[29]

Q. Any other objections? One, it was expensive, two,

confusing, three, disruptive.

A. Yes, and I think it was a breach of the contract of

52

the voters and officials they elected, the timing I think

was grossly unjust.

* * *

Q. Would that have required gerrymandering lines in

order to achieve the one man, one vote?

A. WhenNit became obvious the one man, one vote

concept was not the purpose, then it was my ieeling we

shouldn’t do it at all. You ask did I have a plan, I did

not put a pencil on a map and draw it, no, I said, “No,

what we have is better for the community than what you

are proposing.”

[30]

Q. I see. Let me direct your attention back to the June

28th meeting. How much advance notice did you have

before you actually had to vote on the plan called the

Tom Bass Plan, in effect right now?

A. I believe it was published in the paper. Was

[31]

that after the meeting? I was not aware of it before I

walked into the Court session, and it was published im-

mediately thereafter, somebody showed me some clip-

pings, I don’t know if the day before or day after. I was

not aware of any changes that had gone into that until I

walked into the meeting, and the plan had been changed

sO many times.

Q. I see. The final plan that was ultimately voted on,

you had very little time to study, is that a fair statement?

A. Yes.

53 os

DEPOSITION TESTIMONY OF

COUNTY COMMISSIONER TOM BASS

[12]

A. Yes. Well, Bill Williams’s Plan was the one we

ended up submitting as the committee proposal.

Q. That, I believe, passed by a five to three majority,

with you abstaining?

A. Right.

Q. And after the Bill Williams Plan or Plan 9 or Ex-

hibit 9, I believe, shown here was submitted, then slight

alterations were made in the plan prior—

A. That plan was submitted in toto.

Q. Yes, sir.

A. And then additional plans were submitted which

were slightly alternative, some were considerably alterna-

tive, I think two or three additional plans submitted after

that.

Q. Okay, was this by the committee or other persons?

A. No, that was by me.

Q. Okay, but just for the purposes of the record, Plan

9 was the one submitted or voted by the

i

[13]

committee? Fi

A. Right.

Q. But other alternate plans submitted by yourself or

considered by the Court? .

A. Right.

Q. And ultimately the plan, the—

A. The Bass Plan.

Q. Or the exhibit marked No. 2 was the one selected

by the—

A. Court, right.

Q. Which ethnic group predc.ninates. if any does,

within the Tom Bass Plan as it now exists, within Pre-

cinct 6? . 7

A. I don’t think you will find Precinct 6 has one ethnic

group dominating, but I think you will find the Chicano

percentage pretty heavy in that group.

~ * * *

Q. Precinct 7, would it be a fair statement to state

[14]

that the Blacks would be predominately within that pre-

cinct?

A. Yes. >

Q. I believe at the hearings, do you recall any _per-

centages quoted?

A. I really hate to say what, they were available, but

pulling it out of the air, I could say seventy-five percent

to twenty-five percent.

Q. Would 62.5 percent sound right?

A. That is probably right, yes.

Q. As generally, as the plan was passed by the Com-

missioners Court on June 28, 1973?

A. Yes.

[15]

Q. At that meeting with Mr. Hernandez, was there

some concern about the Mexican-American population of

that Precinct 6?

A. Oh, yes.

55

Q. Not being adequate or perhaps there were more

either Black, or let’s say Black?

A. That was a meeting that lasted about three hours,

and all kind of ideas were advanced, it would be hard to

summarize, but it would be safe to say they were interested

in Precinct 6.

[16]

Q. Just for the purposes of the record, was Precinct 7,

in your opinion, based so as to provide a precinct, justice

precinct, where Negroes or Blacks could be assured of

continuing in office after an election? i

A. Well, if you are asking me is that one of the things

we knew and considered, the answer is yes. If you ask if

that was the primary thing, the answer is no. ©

Q. No, I am asking you—

A. It was one of the factors cgnsidered, yes.

Q. All right, I believe these rie your figures on there

(indicating )?

A. Right.

_ Q. 238,401 population in Precinct 7. With reference to

Precinct 6 as it now exists, could you tell the Court

whether or not the consideration in drawing the boun-

daries of Precinct 6 shown here was so that the Mexican-

American population would, while not being in the ma-

jority, would be predominate within that precinct?

A. As a factor among a community of interest and

regional representation, closer to one man, one vote, many

factors, yes. ;

Q. You took into consideration one man, one vote?

[17]

A. That was taken into consideration. As a matter of |

56

fact, it originally was the major consideration until we got

legal opinion that the justice of the peace precincts were

not bound by the one man, one vote, and for particular

circumstances, we modified that somewhat.

Q. You used the constitutional provisions of the Con-

stitution of the State of Texas as convenience for guide-

lines?

A. Yes.

Q. Would you szy guidelines for convenience rather

than one man, one vote would be the guideline in drafting,

voting and ultimately redistricting various justice of the

peace precinct lines?

A. There were four or five considerations, I cannot tell

you the most important consideration. I tell you one that

_has not been mentioned I thought was very important,

that is at the last Legislative session, they had redrawn

the house and senate districts on census tracts, and cer-

tainly the justice of the peace and constable precincts were

not drawn on census tracts. It is certainly easier for the

voter, for the clerk, handling voting precincts, if you have

the same type of boundaries, or political boundaries. One

of the

[18]

considerations was to draw boundaries on census tracts.

Q. I believe you stated, too, at a public hearing you

gave population—

A. Right, but another consideration was to approach

the one man, one vote, third was to look at possibilities .

of minority representation; fourth to provide regional ser-

vices, a lot of factors.

Q. Correct me if I am incorrect, but let me have the

population you wrote on the plan as adopted and marked

57

Exhibit 2, Precinct 7, new Precinct 7, shows 238,401

residents?

Right, those are 1970 census figures.

All right, Precinct 6 reflects 180,101?

Right.

And Precinct 2 reflects 146,054?

Right.

Precinct 8 reflects 149,681?

Right.

And Precinct 3 reflects 170,997?

Right.

Precinct 1 reflects 342,374?

Right.

And Precinct 4 reflects 175,769?

Right.

>OPOPOPOPO>OD

[19}

And Precinct 5 reflects 334,844?

Right.

Those are the populations as ‘they now exist after

June 23rd?

A. 28th.

Q. June 28, 1973, as reflected by the 1970 Federal

census, is that correct?

A. Right.

Q. Now, then, the one man, one vote rule was not

applied, as is obvious—

A. No, the Court—

Q. —it was brought more in balance, but not applied

strictly? |

A. Yes.

OPo

ppreemsenaee sien aise

ad Ge

58

Q. It is certainly in terms of distance, now, or miles

from the various offices and sub-offices of any precinct,

it is certainly not as convenient for a person residing in

Precinct 4 generally as it would be for Precinct 2 or Pre-

cinct 6, would that be a fair statement, Mr. Bass?

A. As of this particular time, the statement is

[20]

probably fair, yes. As of when this thing is fully imple-

_ mented, I am not quite sure; for example, one of the

' proposals we have already presented and hope to do is in

Acres Homes, which is in Precinct 4, have the justice of

the peace and a facility he doesn’t operate every day of

the week, but he comes and hears about once a week.

[21]

Q. 'n terms of square miles, accepting my figuring is

correct, does 515 square miles appear to be approxi-

mately the square miles in Precinct.4?

A. I would take your figures for that, I have no idea.

Q. It would be obvious, then, in square miles Precinct

6 would be less than one-tenth?

A. I wouldn’t quarrel, whether it be one-tenth or one-

fifth, but certainly smaller.

Q. What does it appear to you to be?

A. I don’t know, but if it is one-tenth, it is one-tenth,

certainly it is a lot smaller.

Q. Likewise Precinct 7?

A. Yes.

Q. It is a lot smaller in area than Precinct 4?

A. Right.

Q. The total populations, combined populations of

Precinct 6 and 7, would you add those up, sir?

59

A. About—238,000 and 180,000 would be 418,000,

almost.

[22]

Q. Safe to say 500,000 in round figures?

A. Okay.

Q. So, you have two precincts in downtown Houston?

A. Yes.

Q. Combining Precincts 7 and 6, would the total area

or land area of 7 and 6 be equivalent to Precinct 5, which

has 334,844?

A. No, I don’t think so.

Q. Would it, in your opinion, be equivalent to—Pre-

cinct 6 and 7 be equivalent to Precinct 4 in land area?

A. No.

Q. And—

A. Be more, considerably more population.

Q. Greater than in Precinct 5, it would be approxi-

mately 85,000 more or 90,000 more in Precincts 6 and 7

than in 5?

A. Probably.

[25]

Q. There was no emergency in redistricting?

A. It depends on what is an emergency or overdue.

Q. You were under no legal or judicial mandate to

redistrict?

A. Not at that time.

Q. Is that correct, so this was something that was done

because the majority of the Court felt, in their judgment,

should be done, would that be a fair statement?

A. Yes.

~

Nae ate TiS

Sorter wana y. er

60

[26]

Q. Could there have been a drafting of boundary lines

along census tracts for the J.P. precincts which could have

resulted in less than a ten percent deviation within each

J.P. and constable precinct?

A. Yes.

[27]

Q. To what consideration was given for the conveni-

ence of the people?

Av Oh, I would think this was probably the major cri-

ia. As I said in my publication, as I said in my news-

letter I mailed to the people, the original concept way

back went way back to 1876, and the purpose was con-

venience for the people, to provide regional facilities and

services for

[28]

the people, so when we got through with this thing, we

would have a minimum of sixteen regional facilities in the

county, where at the present time we had eight—or prior

to redistricting we had eight; definitely that was a factor,

probably as important as any single factor.

[30]

Q. I believe when the proposal was made by you or 4

motion made, an opportunity was given to all persons

attending the meeting to discuss the pros and cons or give

their opinions and views, is that correct, as you recall?

A. I am trying to think, that was about the fourth or

fifth time that doggone thing had come before the Court,

61

even before the Court we had plenty of public comments,

I believe even that last time we had testimony from the

public.

Q. I believe that is correct. State whether or not

[31]

you stated at that meeting, this would give an opportunity

in redistricting to have a J.P. consisting of Blacks?

A. Yes.

Q. And Chicanos, and that—

A. In addition to male and female, right, and white.

Q. But that they may contizue in office, giving them

an opportunity to continue in office?

A. I am sure if you have got my statement there, you

probably have it, I don’t remember that particular phrase.

How does it read?

Q. I don’t have that available, I have it on tape, 1

didn’t bring the tape.

A. I have statements made, I can Jook at it, I don’t

recall the exact phrasing at that point in time, so I don’t

want to say yes or no. Here is what I said, “We are at-

tempting to make it more reflective of the general public

by filling vacancies with black, brown and white, is addi-

tion to mdie and female in districts of realistic population

variances containing a community of interests. In short,

we are attempting to yank the JP/contable system from

the depths of ridicule to the position of a vital contributing

part of our judicial system.” I don’t recall

[32]

that statement.

Q. With reference to Precinct 7, in addition to the

other things you outlined, you were aware Precinct 7 lines

62

as they became as of June 28, 1973, a Black would con-

tinue in office as a result of the simple majority?

A. I think it is a safe statement to say I was aware a

person who was not a Black would probably have a more

difficult time getting elected in that district than a Black

person.

Q. Would that be a true statement as to Precinct 6

and Chicanos?

A. It is not that clear. An Anglo in Precinct 6 would

have a good chance to win, a white in 7 would have a

difficult time, but 6 is sort of a tossup between Anglo and

Chicano, just on sheer percentages.

Q. Would it be a fair, statement to say a majority of

‘the Chicano population is included within Precinct 6?

A. Even that is difficult to say, I think it is safe to say

Precinct 6 has a sizeable segment of Chicano, but when

you think in terms of total percentage of Chicano popula-

tion in Harris County, I doubt it is a majority, although

{ don’t know.

[33]

Q. How did you in voting, make a determination that

the office was vacant after your order was entered?

A. Okay, in redistricting the J.P. districts—positions

one and.two, our interpretation of the law, election law,

meant that everybody would

‘ [34]

run in 1974, but that the people who were elected in

1974, position two would not have to run for four years,

but those ia position one would have to run again in

1976 for a four year term, so in every instance we ap-

pointed an incumbent justice of the peace in position two,

63

in effect saying to him, if you are elected in 1974, you

are the first one that gets a four year term, and the new

guy will have to run again after that, and it was just a

matter in a precinct where there was no incumbent—

Q. With refererfce to Precinct 7, my question is how

did you and the Court make the determination a vacancy

existed?

A. That a vacancy existed?

Q. Yes.

A. Because by redistricting, we created Precinct 7, a

new Precinct 7, there were no incumbents living in that

district.

Q. Okay, and you know this of your own knowledge?

A. Well, within fallibility, this is what we had deter-

mined, yes.

Q. Likewise, now, Precinct 7 which had formerly been

in northwest Harris County, was moved generally to the

southeast portion of the City

2

[35]

of Houston, is that correct?

A. The district was not, the number was. As a matter

of fact, I had checked on this, I don’t think you will find

it was an informal question. I had a number of informal

meetings with County Attorney Resweber and others, and

one of the questions I asked, because I was concerned, if

I created Precinct 7 in the southeast, is this de facto the

same Precinct 7 that existed in the northwest, would a

person who had been an incumbent in the northwest be

moving into the southeast in the new Precinct 7, be an

incumbent in 7. We were told no, in this instance there

was a definite break in the two districts, this would not

. be the case, so as far as I was concerned and the Court

was concerned, that was new district 7, period.

>

j

64

Q. All right, Precinct 6 was a new district?

A. Right.

Q. It is your opinion and your interpretation, based

upon the advice you received?

A. Yes.

Q. That all of the new precincts as of July Ist—all the

precincts as of July 1, 1973 were new?

A. Well, they were new, but the law said that even

: [36]

with the new districts, that if an incumbent lived in there,

he had the job, so they weren’t so new in the sense we

are going to be able to fill all the positions, because some

of the positions were automatically filled with incumbents.

Q. That would have been in addition to relying on

what Mr. Resweber stated, that would have been in con-

formity with—

A. He shall continue in office as justice of the peace

and so on.

Q. I will find the right page. Article 2351% (a)—(c),

correct? (b) applies to commissioners?

A. Right.

Q. (a) applies to both, and (c) applies to residence

when they have change of boundaries in justice of the

_peace precincts?

A. Right. ~*

Q. So the authority you relied heavily upon and made

your determination upon, Article (c) of 2351%2, would

that be correct?

[38]

Q. Was any consideration given by you as a member

65

of the Court to making the redistricting effective as of the

next general election?

A. Yes.

Q. What has—why wasn’t that done?

A. For several reasons. One, and this is something that

is difficult to the average lay person to understand, but I

think we are all aware of it. No matter when the effective

date was made, somebody's terms had to be shortened,

for the very simple reason constables and J.P.s run at

different times and elected for four years, even if. we made

it effective at the general election, we would still have

shortened somebody’s term. The fact we couldn’t have

saved everybody's term for the length they were elected

is really out the window once you decide to redistrict.

[39]

Secondly, I was in favor of the voters having some

chance to evaluate the new officeholders, and the sooner

the effective date was, the more time it was they would

have, the more the voters in 1974 would be able to see

whether that guy was good or wanted somebody else; but

third, probably more important than either of these. once

we made the decision redistricting was needed to provide

regional services, community interests, whatever, once we

decided this be done, doggone it, let’s do it as soon as

practical.

Q. Let me ask one question, I am not getting personal,

but would you tell the record whether or not redistricting

and the establishment of Precinct 7 as it now exists. after

the Court’s order, was done as a promise to the Harris

County Council of Organizations to create a J.P. in pre-

cints where Blacks could be appointed and would con-

ceivably be elected?

paren eens. ae z

: 66

A. I am not sure what you mean by promise.

Q. Let me rephrase the question.

A. Certainly this discussion came up.

Q. Was this a commitment, without being binding, was

this a pledge by you this would be part of

[40]

your consideration for, redistricting along the—

A. In the first place, I think my personal reactions to

drawing of a Black or Brown district, my personal

agreement with this as something needed in Harris County,

I have always felt one of the best ways to improve race

relations is give them a piece of the action.

Q. I am in agreement with that.

A. This is personal commitment on my part.

Q. Right.

[41]

Q. Was there any consideration given to other ethnic

groups other than Black and Chicano?

A. Well, I am not sure they could consider them-

selves minority group, but it was generally understood

[42]

Q. And, let’s see, the various Jewish population of the

City of Houston, which is an ethnic minority, when you

take ethnic groups as a whole but generally classed as

Caucasians?

A. I know—and here is a judgment on my part, and I

’ guess nobody for the Jewish community made a recom-

mendation on this line, I guess— I know I considered

67

Jewish a religious rather than ethnic minority, but no

consideration was given to a “Jewish” district.

Q. But prime consideration would have been to Cau-

casian, Black and Chicano or Mexican-American, would

have been prime consideration in drafting? When I say

that would have been consideration, as far as pertains

to raise?

A. Okay.

Q. Is that correct?

A. As far as pertains to race,-we only looked at three

distinctions.

| [44]

ce

Q. Because under the law more than two existed?

A. Right.

Q. Judge Lee is in office by virtue—

A. Of reappointment, right.

Q. And I believe, could you state to the record

whether or not any of the other three elected officials,

Judge Zaboraski, Judge Mahan or Judge Doering were

reappointed to the position two that was created in the

same order?

A. No, my major decision there, this was just my

feeling, | can’t say for the rest of the Court, I wanted

an attorney in this position, none of those three were

attorneys. :

Q. Judge Lee is not?

A. Judge Lee is an attorney.

Q. Is not an attorney.

A. I was told he was. He is not?

Mr. Gilleland: Off the record.

ye

68

(At this time there was a brief discussion off

the record, after which the deposition continues

as follows: 2

A. He is not an attorney? All right, someone misled

me, but that is not unusual.

~ Q. Likewise, that would have applied to the constable

Offices as well, Constable Bolton,

[46] :

A. Let me get myself straight. You represent who?

Q. I represent Mr. Zaboroski.

A. Fine.

Q. You stated that there has been numerous reasons

for redistricting. What would you consider to be the.prime

reason for bringing this about?

A. Well, I can only state for myself, because it took

a majority of the Court to vote, so what I say might not

apply at all to what somebody else felt about redistrict-

ing, this would be mine.

I served ten years in Austin, I had seen three redis-

trictings up there, I had seen what I consider the redl

disadvantages of the districts that were way off from one

man, one:-vote, I was a real firm advocate of the Su-

preme Court’s ruling when it came to one man, one

vote. I have been very much aware of the inequities -

of the districts in Texas for a long time, and I saw the

deviation from less than 7,000 to more than 1,000,000

in Harris County. I think this probably is as good a

consideration as major, as important a consideration as

[47]

anything, realizing that that ties in directly with prg-

viding services for the citizens.

— 69

Q. As I understand your testimony, you say considera-

tion of so-called safe districts for minorities was con-

sidered, was brought up in your considering these dis-

tricts, is that right?

A. Well, it depends on—the term “safe”, when you

say a district of 62.5 percent Black, okay, I consider

in all probability a Black will get elected or re-elected

there. When you consider a district thirty-five to forty

percent Chicano, I am not sure that is a safe district.

Q. But the reasoning that such a district, with minority

representation being over a majority, such reasoning was

considered by \yourself?

A. As part of community interests and services to

the community, you bet.

Q. I believe you might have touched on my next ques-

tion. In what manner did such so-called safe districts

play in your emergency services and.community interests?

A. Well, we felt people in Sunnyside and Third Ward

have a lot more in common and lot more similar problems -

and would be provided better service if they had facili-

ties there than if they

[48]

had to come to the downtown courthouse or north Harris

County or southwest Harris County, something like that,

and therefore the district itself was—District 7 itself is de-

signed in the sense of there will be two regional facilities

in that section of the county, and that section of the

county happens to be predominately Black.

Q. I believe you made the statement before that

relationships could be improved if we-give them a piece

of the action, that type of reasoning?

A. Yes.

: PO EEE a a

= ot

70

Q. This reasoning was applied in creating -these dis-

tricts? .

A. Yes, that plus the fact when you go to redistrict-

_ ing, and you are going to draw eight districts, and you

know that any statistics you look at, the Black com-

munity makes up roughly twenty-five percent of the

population of the county, that you were leaving yourselves

open to some potential future court: action if you didn’t

take into consideration Black representation, because

many, many cases have gone to the court and have been

thrown out because minorities were not represented in

redistricting plans that took place previously, so minorities

was a consideration in redistricting, because we have

seen cases where that was not a factor and they were

thrown out.

Q. Now, understanding your reasoning here as far as

minority representation and that theory, let me ask you

how did you arrive at the boundaries described on Ex--

hibit, 2?

A. I am not being facetious, when you try to describe

how redistricting boundaries are arirved at, there are in-

numerable factofs, race was a factor, but so were all

these other things we talked about, services to the com-

munity, population was a fact atural boundaries, al-

though it is hard to define natural boundaries, but they

are part of the picture. For example, in Precinct 7, that .

particular district runs straight down Mykawa Road all

the way, itis just a feeling that sort of marks the

boundary between one community and another commu-

nity. Well, I am not trying to dodge the question, it is a

question difficult to -an$wer, you have incumbents, you

have people with political ambition, you have all kind of

factors that go into drawing a line.

71

Q. Would it be safe to say race played a more dominant

part than one man, one vote, really, in drawing these

lines?

A. I don’t think so, again I can’t talk for anyone

but myself. The main reason this plan was submitted

rather than my complete going on with Bill Williams’

Plan, the Bill Williams Plan did the same thing as far

as creating minority districts is concerned, but it was

way, way off on one man, one vote. If my major con-

sideration had been minority consideration, I would have

gone behind the Bill Williams Plan and pushed it as

the committee plan, but since it was off one man, one

vote, I took the unpopular stand of making another

plan, muddying the water more, to get closer to one

man, one vote. You will see District 7 is not a heck of a

lot different under Williams than this one.

* %*« *

Q. Commissioner Bass, I believe you earlier stated .

you spent some ten years in Austin, that was as a mem-

ber of the Legislature, was it not?

A. That’s right.

Q. What was that period of time you served as a

[51]

member of the Legislature?

A. From January, 1963, to January 1973.

Q. And you were a representative in the House of

Representatives?

A. That’s right.

Q. During that time, did you not also state that the

Legislature had attempted on three different occasions to

72

redistrict the state, both as to the representatives as well

as to the senators?

A. Right. Well, three broad times, there were some

minor redistricting, more than that where they changed a

few lines, but major overhaul, three times.

Q. As a member of the Legislature yourself, you were

involved in that redistricting?

A. That’s right.

Q. Were you more involved, say, than the average

member of the Legislature?

A. Yes.

Q. Where you might have been a member of the spe-

cific committee?

A. I was membér the last time. I was twice a member

of the Harris County delegation, was running, in effect,

with the majority the Harris County delegation felt should

be done as far as

[52]

redistricting was concerned.

Q. At various times, those particular redistricting at-

tempts by the Legislature were contested in various courts?

A. Right. As a matter of fact, the one drawn the last

time, over my violent opposition, publicly, privately, every

way, was stricken by the courts as being unconstitutional.

Q. That was done by a Federal court, was it not?

A. Right.

Q. So, you had considerable experience, I take it, from

your participation in those redistricting plans for the Leg-

islature, with redistricting?

A. Oh, definitely, and with court decisions concerning

redistricting, plus the fact my fulltime—I am a politician

by accident, a teacher by profession, which profession is

73

teaching political science at the University of St. Thomas,

I have been very involved in Supreme Court rulings on

redistricting, particularly, starting with Baker vs. Carr.

Q. All right, sir, and are you presently teaching at the

University of St. Thomas?

A. I presently teach an evening class in order to retain

my tenure, so I have a job if I decide

[53]

not to run again or something.

Q. You teach political science? t

A. Right.

Q. Do you hold a title there? -

A. Yes, Chairman of the Department, and professor.

Q. How long have you been Chairman of the Depart-

ment of Political Science?

A. Four years.

Q. When you came on board the Commissioners Court,

you had this extensive background in redistricting, and

you, I take it, were primarily interested, of course, in see-

ing that the county was districted properly, both as to

Commissioners Court as well as justice of the peace and

constable?

A. Right.

Q. Your answer is right?

A. Right.

Q. And I believe you stated that you became a member

of the Commissioners Court January 1, 1973?

A. Right.

Q. And that you were appointed—

A. There were two steps—may I interrupt?

Q. Yes. rc

_ A. Two steps, first, Commissioners Court appointed

me as liaison to look into the possibility of

74

[54]

redistricting.

Q. When was that, again?

A. That was the 12th of ny

Q. All right.

A. So, and then when I came back in to recommend

after that—I have the date, I don’t remember exactly

when, I had a recommendation of a nine member com-

mittee, then Commissioners Court appointed that nine

member committee.

Q. Is that the date you don't recall?

A. Yes, I have the letter here, but I just—12th of

January, they appointed me liaison.

Q. For the specific purpose of looking into reliettiete.

ing?

A. Right, and then—if I can find it here. Well, I don't

have the date at my fingertips, but it would be later, the

latter part of February.

Q. That was a short time after you were appointed

liaison member of the Court for redistricting purposes?

A. Yes. At that point in time, the Court then appointed

—here is the date of the 12th of March, that is when we

were officially organized as a committee on order of the

Court. f

Q. On the 12th of January, you were appointed by

[55]

the Court to act as liaison for the purposes of kins into

redistricting?

A. Right.

Q. On the 12th of March, 1973, the Court ey

appointed this committee?

A. Right.

Q. That was a committee of some nine persons?

;

“>

75

A. Right. y

Q. I believe you were elected chairman by that com-

mittee?

A. No, | was appointed chairman by the Court.

Q. There were eight other persons members along with

you on the committee?

A; Right.

Q. And in your’ study, both prior to the time of your

appointment to the chairmanship of that committee and

after the committee had been formed, were you able to

determine the last time that Harris County had been de-

finitively districted as far as justice of the peace and con-

stables were concerned?

A. The nearest I can find on that is 1876, where they

drew up the constitution, we didn’t originally—

(At this time there was

[56]

a brief discussion off the record, after which the

deposition continues as follows:

A. As far as I can tell, you can overlook something,

but one hundred years ago, sometime in that time would

‘be, but what research I have done, what research others

presented to me, it has not been done since 1876.

Q. All right.

-Mr. Landry: Mr. Gilleland. I believe for the record, we

can stipulate 1876 was the last time it was redistricted?

Mr. Gilletand: Right:

Mr. Kerfoot: Yes.

Mr. Cox: I guess so.

~~ 76

Q. Now, prior tothis redistricting on June 28, 1973,

by Commissioners Court, how many precincts were there

in the county?

A. There were eight justice of the peace and constable

' precincts. As you know, the law says there can be from

four to eight precincts, so Harris County had eight.

Q. Among those eight precincts, how many, justices of

the peace were there actually in office prior to June 28,

1973?

—_

[57]

A. Nine.

Q. And I take it there were two justices of the peace

in one precinct, with one justice e the peace in the other

seven?

A. Right.

Q. Which particular precinct had two?

A. Precinct 1, the precinct that had 1,000,000 plus

people had two justices of the peace, all the rest had one.

Q. All right, now, after the redistricting, how many

J.P.s were provided for by the Court with the new plan?

A. Sixteen provided for and fourteen offices were filled. .

Q. All right. [ take it the Court will at some time in

the foreseeable future fill the other two?

A. The only delay for their selection is simply getting

housing facilities for the ones we have now, and then we

will fill the other two.

Q. And under the law, of course, one constable is

required and authorized for each of the precincts.

A. That’s right, and only one.

[59]

Q. And I believe the Commissioners Court has re-

cently, in connection with redistricting, redistricted the

county as to county commissioner precincts?

A. That is ccerrect.

Q. And did you al! appiy the one man, one vote con-

cept with regard to that body?

A. Quite definitely. The deviation now is less than one-

half of one percent between the smallest and largest com-

missioners precincts, as of 1970 census figures, which are

the latest figures we have. :

Q. When did the Court redistrict the county with re-

gard to commissioners’ precincts?

A. I think that was probably two or three weeks prior,

two weeks prior to this J.P. one, it

_ [60]

was all part of the same study, but | think the vote was

two weeks earlier.

[62]

Q. After the committee was formed on March 12th of

1973, how many times would you say, or can you recall,

that the committee met to consider redistricting of the

J.P. and constable precinct?

A. Given time ahead, I could look it up in detail, I

will give you a rough answer. I know we held three public

hearings. By public, in the Jury Assembly Room, every-

body invited.

Q. Let me «sk you by public hearings, was any notice

given? :

A. Yes.

Q. By way of newspapers, that sort of thing?

A. Right.

Q. Did you publish the fact?

A. We did not publish in the sense of buying a paid

ad, but published in the sense I issued a news release

prior to each meeting, and the news media carried it.

(pee al

- =

78

Q. In addition to those three public meetings, did you

all have other meetings?

A. Yes. These other meetings,'I don’t mean to imply

[63]

not public, but not publicized in the same sense as the

other three hearings. We had at least three hearings in

the open, Commissioners Court, in which anybody could

come, but not publicized to the same extent as the three

in the Jury Assembly Room.

Q. Did various members of the public attend those?

A. The ones ‘there yes, but not the same extent as the

ones publicized. ©

Q. Were those extensive meetings?

A. Yes.

Q. That is lengthy, annd was there considerable dis-

cussion held?

A. Oh, yes.

Q. Did members of the public participate in these?

A. Definitely. As a matter of fact, it was of sufficient

numbers and intensity that the constable involved and

Sheriff's Department felt it might be good to have some

people around.

Q. For law enforcement purposes?

A. Right.

Q. And during the time that the committee was meet-

ing, were there—was this iopic of redistricting of the

J.P.s and constables discussed in the various Commis-

sioners Court meetings along

[64]

about that same time, did the topic come up?

A. The topic didn’t come up on the official agenda

k

79

until about, I guess, three weeks before we adopted it,

as I recall, I might not be quite accurate. I submitted all

the proposals one week, the next week we voted on Com-

missioners Court, then two weeks later, on J.P.s and con-

stables, which would mean three weeks. During that time

it was discussed in open court, but obviously, eating lunch,

passing in the hall, various Commissioners chit-chatted

about this thing. —

Q. During this time, was there not considerable pub-

licity being given to these,redistricting plans?

Definitely. 4

In the various newspapers?

We made the front pages of both papers.

Houston papers?

Right, Houston Post and Houston Chronicle.

POPrOPy

[65]

©

Now, in your opinion, from your study of the

[66]

various plans, was the Williams Plan among the com-

mittee plans, the only plan which could be considered to

have had an ethnic group, as such, either Black or Brown?

A. Not at all.

Q. Carved out as precincts?

A. Not at all.

Q. How many of the others would you say would have

had Brown or Black precincts, as such?

A. If I am not mistaken, I may be off a little bit, but

not much, every plan, with the exception of the existing

boundaries, every plan submitted, every plan had what

you call minority precincts, including Constable Moore’s

plan.

80

Q. That would be by minorities, you mean Black and/

or Brown precincts?

A. Right..

Q.. Would it have been difficult or would it have been

an easy task to draw up a plan which would not have

had either a Black and/or a Brown precinct?»

A. Well, we could have kept the same districting there,

and those did not have a Black or Brown, but once you

get beyond one district that has one million citizens, you

Start getting the

[67]

districts anywhere near equal, it will be pretty difficult I

would say to have one that does not have a preponder-

ance of one or the other minorities.

* * *

Q. Is it not true you earlier testified consideration

[68]

also was to making the representation of the people in

the various J.P. and constable offices more reflective of

the people by making it possible for not only whites, but

for Blacks and Browns and women?

A. Yes.

Q. To be holders of those various offices?

A. Right, yes, that is true. Of course, another point

that has not been mentioned, again one among many,

I am really concerned and in complete agreement with

the Bar’s opinion that the J.P.s ought to be attorneys, and

another emphasis in filling new positions was to get qual-

ified, bone-fide attorneys into J.P. positions, to make it a

position of prestige, if at all possible.

°

81

Q. All right, sir. I believe you also stated that the Court

either has or plans to. have court facilities in the number

of some sixteen throughout the county?

A. Yesjewe are specifically requesting that the J.P.s,

the two J.P.s in a single district, do not initially—well,

hopefully never, but do not initially have the same court

facilities, we want them in separate court facilities.

[74]

Q. With regard to the redistricting plan, I take it the

Court was primarily concerned with satisfying the require-

ments of Section (3) of Article 235114 in regard to J.P.s

and constables, is that not right?

A. This is in the filling of the vacancies, all that has

to do is filling vacancies. If it is redistricting, that doesn’t

relate to redistricting. I don’t know what your question is.

Q. I think that answers it. Under Article 235112, you

all tried to comply with those requirements regarding fill-

ing of vacancies?

A. Right.

Q. I take it under 2351%, the redistricting as adopted

by the Court required filling of vacancies as they occurred “

by reason of the redistricting with incumbents on a resi-

dential basis?

A. Right.

[76]

Q. All right, sir, so the Court then fully complied with

the requirements of Article 235112?

A. Certainly; as far as I can tell, we did.

Q. To summarize your testimony with regard to the

reasoning and reasons which the Court relied on in the

redistricting plan as now in effect I believe you stated

a

82

one, and you described it as a real important considera-

tion as far as you yourself was concerned, was drawing

of boundaries on census tracts?

A. Yes.

[77]

Q. All right, then, another consideration was to make

the various precincts more equal in population than they

were under the old existing plan?

A. Right.

Q. Under the old existing plan, there was a variation

from 7,000 to 1,000,000?

A. Less than 7,000 to more than 1,000,000, right.

Q. What is the greatest disparity now?

A. From approximately 145,000 to 345,000, about

200,000 variance.

Q. Another consideration was in your words, to give

minorities a piece of the action?

A. That was another consideration.

Q. And the Court did, in fact, pursuant to that appoint

a Black J.P. and Black constable, did

[78]

it not?

A. That’s right. -

Q. In the predominaiely Black precinct?

A. Right.

Q. Which precinct number is that?

A. 7

Q. And did the Court also appoint a Mexican-Amer-

ican J.P. and a Mexican-American constable?

A. Right.

83

Q. In the predominately Mexican- American precinct?

A. Yes.

Q. What precinct number is that?

A. 6. As a matter of fact, two Chicanos there, two

“Chicanc Jj.?.s and one Chicano constable.

_Q. All right, sir, and ancther consideration, I believe

you stated, was to provide regional services?

A. Right.

[79]

‘One other thing, we did appoint—it has nothing to do

with it, but we did appoint a woman to J.P., again ap-

parently for the first time in the history of the county.

There were two women, the second woman’s name I[

won’t mention, she declined for personal reasons, I talked

to about filling vacancies, one declined, but as far as I

was concerned, there would be two women appointed but

one declined.

Q. As far as you know, is this not the first time a

Black or Mexican-American has been appointed as con-

stable or J.P. in Harris County?

A. As far as I know.

Q. Would it be your opinion in both of time two 4

‘ [80]

precincts, 6 and 7, that in the respective precincts as rep-

resented by a\ Black J.P. and Brown J.P., as well as the

Black constable and Brown constable, that the people in

those areas would be better served, law-enforcement-wise,

by people with,their own district predominance?

A. This is a personal thing on my part, a lot of people

disagree, but I feel it is a better situation than previously

existed. \

84

DEPOSITION TESTIMONY OF

COUNTY JUDGE BILL ELLIOTT

[6]

Q. Perhaps the question was a little unfair. Let me put

it this way. Had you personally, along with Commissioner

Bray, ever had any persona! meetings or conversations

with Mr. Bass prior to his becoming a member of the

Commissioners Court concerning the desire to change

these Justice boundaries and Constable boundaries as

they were ultimately done?

A. Yes.

Q. Approximately when did these first conversations

take place?

A. Probably sometime during his campaign, back in

the early

[7]

Q. All right. And have you had an opportunity to

read Commissioner Bass’ deposition under oath?

A. Yes, I have.

Q. Okay. Then I can refer to it. I don’t have a copy of

it. If I ask a question and you want to rely back on it, if

you have a copy with you, certainly we can take the time

to do it. I don’t think there will be that much, but I want

to be fair, because I am asking about somebody else’s

statements outside their presence.

Commissioner Bass, as I read his deposition—and I

will state I read it quickly, yesterday evening I received

my copy—stated that one of the purposes, although not

the only purpose, of the ultimate plan as approved by

the Commissioners Court which resulted in the new boun-

dary lines as they are now constituted was to see that, as .

he put it, there were safe precincts, both Constables and

85

Justices, for both Black and Mexican Americans. In other

words, racial and ethnical minorities.

Mr. Landry: Subject, now, to what the deposition ac-

tually reflects with regard to Commissioner Bass, I have

[8]

fr

no objection to what you represent Commissioner Bass

having said in his deposition.

*, * *

A. The makeup of the county, I think, is such that to

redraw Justice of the Peace precinct lines, Justice of the

Peace and Constable lines, would be that a somewhat safe

precinct—when you consider the community interest and

the nature of the Black segment of Harris County, it

would be difficult to not draw precinct lines in this regard.

It would be almost a matter of gerrymandering to prevent

such an act.

[9]

part of the political facts of life in our area.

Now, my question is, then, I think perhaps more fairly,

would be directed to you, Judge Elliott, and that is as

you discussed personally with Commissioner Bray and

Commissioner Bass the proposed idea of creating these

new Justice and Constable precincts, was this in fact a

primary consideration given so that when the ultimate

lines would be drawn, as they now have been, that there

would be two or three areas where the safe so-called

political havens would be for persons of Black and/or

Mexican-Americans, or other ethnic minorities to be

elected to these positions?

A. That is a very general question, but—

Q. Let me break it down.

SC Loes

86

A. No. I just say yes, in the general context. I would

question the use of “as a primary factor.” There were

many factors.

* *

Q. What were the factors that you discussed with Com-

missioner Bass that were a predicate, or the basis for, in

‘fact, the decision to redraft along the lines ultimately

finalized?

A. I think—not in the order that I will state them, but

as a result of action taken by the legislature the

[10]

Justice of the Peace and Constables had gotten their salary

raised and then legislation causing the county to pay a

salary to those that were elected by three or four hundred

people the same as those that were being elected by three

or four hundred thousand. The discrepancy in the size of

the districts populationwise is certainly one of the major

factors. The size, the location of the precincts, even the

matter of availability to the Justice of the Peace and Con-

stables offices. The fact that we did want to increase the

number of offices, which is really maybe the primary fac-

tor, to provide subcourthouse facilities through Harris

County.

* * *

Q. All right. And based on—and I can only base this

on what I have been advised, what I have read, members

of the Court have been quoted as saying in the news

media and talking to the reporters who interviewed them,

that there was little or no question that one also very

primary purpose was to assure these safe districts would

be created. : :

A. This was a factor.

87

[11]

Q. I have no recollection of any.

Now, in that regard, was any discussion ever had con-

cerning the drafting of these districts what effect the

change of the district that Mr. Zaboroski was in, the old

District 6, would have on the Republican voters, with the

growing number of Republicans living in that area, with

whether or not they would have the opportunity to, likely,

elect another Republican Justice in the newly created dis-

trict? Was that considered at all?

A. I would imagine there was some conversation along

this line. I think it is fairly evident from the lines of

Precinct 5 that this seems to be a safe Republican area;

may or may not be.

112)

that could very well—which would be another area that

could go Republican.

Q. As far as I know, and I ask if your recollection is

consistent with mine, this Precinct, old 6, was the only

one that ever actually sent a Republican to the office of

Justice of the Peace in recent history?

A. I think that is correct.

[13]

Q. All right. Would you let me have the names of any

of the persons appointed who were proposed to the Court

by Commissioners Eckels or Commissioner Lyons?

A. I think Commissioner Eckels and Commissioner

Lyons had a recommendation in regard to at least one,

but I question whether or not I am at liberty to disclose

that discussion

SIN d pice

88

[15]

Q. I think we can leave that area.

Now, one of the apparent factors given by other mem-

bers of the Court, at least as I understand it, was that it

was a desire based on this disparity of salary increase in

an attempt to upgrade the position of Justice of the

Peace, one of tie factors that the Court considered, at

least Commissioner Bass said he considered, was the fact

it would be desirable to have a lawyer sit in the positions.

And my question to you would be: Was that in fact a

substantial reason or basis in part for this redistrig¢ting,

in order to assure lawyers to accede to the position of

Justice by appointment, rather than non-lawyers?

A. Again, this was a factor. It goes back. But the pri-

mary factor was the establishing of the subcourthouses.

But it naturally followed that I have been a personal ad-

vocate of lawyers being judges. In two or three of my

campaigns

= [16]

this has been an issue.

[18]

_ Q. In other words, the responsibility for and the ulti-

mate selection of these committee members was done by

Commissioner Bass?

A. That is correct.

a oe

Q. All right. Now, let me ask you a couple of political

questions. I am asking you this as an office holder of

many years. Commissioner Bass in his commissioner pre-

cinct was primarily supported by, of course, a liberal

voting majority, isn’t that true, composed of in large part

Black, Mexican-Americans and Union voters?

A. In his wing of the election?

89

[19]

Q. Yes.

A. His record is such that this i is the usual area that he

gets major support from.

Q. Right. Justice Republican would seek the conserva-

tive on the other side.

A. There are a number of conservatives that support

Commissioner Bass.

Q. I am sure that is true. I know a number of them

Support you, also.

A. Yes.

Q. But I was asking for the general political complex-

- jon of that particular commissioner. And | would ask the

- same question as to Commissioner Bray. His general

political support primarily come—by that I mean where

he has to really look for election to a strong voter turn

out—in these three general voting blocks, the Black,

Mexican-American and the Union voter?

A. This is generally the makeup of Precinct 2 more so

ihan it is of Precinct 1.

[20]

A. Okay. Now, to get into this area a little bit more,

as I understand—and again, I am predicating this as I

understand. I have not interrogated Commissioner Bass

nor did I have @ chance to take his deposition because I

entered the case later. I understand that the records from

our investigation—this will be subject to challenge, be-

cause the records will speak for themselves—indicate that

a substantial portion of the Black precincts and the pre-

cincts identifiable from a voter standpoint as Mexican-

American and certainly the voter precincts Mentified as

Union delivered substantial majorities for all three mem-

bers of the Court, yourself, Commissioner Bray and Com-

'

90

missioner Bass in your last elections, with few, if any,

‘exceptions? That is a general question.

A. That would not be a correct statement.

Q. All right. Not generally correct?

A. It is correct as to Commissioners Bass and myself,

but it is.not correct, I believe the record will show, in

regard to Commissioner Bray.

[21]

Q. So this redistricting would certainly do, as you said

a politician Mugtado, shore up and broaden his base, to

say the Icast, wouldn't it?

: * * x

Now. there was no serious consideration given, of

course, to appointing a Republican to any one of these

positions, was it, by the Court, as far as you yourself.

know?

A. Yes, there was.

, Q. All right. What was the primary factor which caused

the Court to decline to do this? | am not asking for any

‘confidential conversations or personalities, but the basi¢

reasons. .

A. They just were not selected.

Q. All right. It wasn’t a question of fitness? There were

certainly plenty qualified Republicans that would have fit

the bill as much as a non-lawyer would have fit the bil!

for a J.P., wasn’t it?

A. There was. :

Q. Would you concede it was not a fitness question?

[22]

Q. I dont mean to imply everybody sat down and said,

“Let’s sap these Republican’s.” I doubt very seriously

<

91

that would occur. I am just saying the subject of the

decision was not there had to be a reason not to ap-

point a Republican, since we were spreading out the

patronage in this case——and this is what yeu call new

appointees or not elected by the people—we were spread-

ing out the patronage, or taking care of groups and my

Zroup wasn’t taken care of and I would like to know the

reason. That question is posed on behalf of Republican

deposed Justice of the Peace Zaboroski.

A. Very serious consideration was given to the ap-

pointment of Judge Zaboroski. And/I feel confident that

if Ye had been a lawyer that he would have been re-

appointed.

Q. Well. he was actually in truth replaced by Judge

Albert Lee, wasn’t he, a non-lawyer?

[23]

A. Yes.

Q. Which is really kind of contrary to your basic

publicly stated posture. Right?

A. That is correct.

Q. Now, the Statute, I understand, provided part of

the reason for that particular circumstance, the way the

lines were drawn Lee happened to fall within the newly

created Justice precinct and since there were not two

there was not a vacancy and so he actually acceded

to a position he had not been elected to by the basis

of the peculiar Texas Statute. Is that correct?

A. Yes.

Q. And it was possible for the commissioners as they

sat down in their wisdom to change these boundaries

in any particular manner they so desired in order to

achieve any purpose they wanted to achieve?

eo

a.

92

A. That is correct.

Q. Also had the right to have appointed Judge

Zaboroski rather than Judge Lee in that particu r in-

stance?

A. Right.

Q. Had there really. been a serious desire, for instance,

in one thing, to locate—excluding creating safe dis-

tricts —regional courthouses—in other words, a primary

consideration wasn't first to place nine, eight. seven or six

regional courthouses just geographically then draw the

[24]

lines to conform, but in truth and in fact it drew the

precinct lines and then with the idea, “We will later

come on and determine the location of the courthouses.”

Isn’t that true?

A. Yes, I think that is correct.

Q. All right. Now. one other area that bothered me

in the case, in reading the deposition—I am trying not

to recover much of what was gone into in Eckels’ depo-

sition—one area that botherea. me was who made the

basic recommendation on the Commissioners Court to

have this change take effect immediately, as opposed to

the next general election so that the voters would not

be disfranchised immediately after having just elected

people in office in a general election?

A. I think it was the consensus of the majority to

move forward.

Q. All right. These things don’t happen by osmosis;

somebody has to say—somebody negotiates that. Who

was the majority of three that made the plan or sug-

gested that we do it now, and then I want the reasons

_for it, but let’s first find out who made the suggestion?

93

A. I think this probably was Commissioner Bass, be-

cause he was the liaison—he had conducted the various

committee meetings and—

Q. He was primarily running this section of the thing

while

[25]

the Gourt was doing many other things. Is that correct?

A. That is correct.

Q. Okay. Now, what in your judgment justifies do-

ing\these appointments now, as a member of the majority,

as Opposed to creating these districts and leaving them

as they are until the next general election and allowing

the voters to select those people who would sit in judg-

ment of them as Judge or handle their security matters

as Cgnstables as had been done in the Commissioners

change just previously? |

A. Well, this was different. “I think this was a more fair

way of doing it than what we did in the commissioners

redistricting five years ago. At that time we moved an

entire commissioner’s precinct from the north to the west

because one of the commissioners was going to retire,

and this then allowed approximately one-fourth; almost

one-fourth of the voters at that time ‘not to have the

opportunity to vote on a commissioner. I thought that

was very unfair at that particular time.

This time I think the feeling was that there were

some legal problems—I believe in regard to a case in

San Antonio—whether or not if\precinct changes were

made that Justice of the Peace present office holders would

move from one place to another and establish residence.

That plus another factor being that by these

94

[26]

appointments the people this next election would have

the opportunity to look at the individuals that had been

appointed that were the office holders and te then have

an opportunity to make a selection of their own.

Q. Well, they normally have this at every open elec-

tion, anyhow, don’t they?

A. Yes. But for Justices of the Peace who remained

in office going from a 6,000 population precinct to a

150,000 population precinct the additional people there

would not have had any oppcctunity of voicing selection

in regard to that particular individual any more so than

if we had appointed him.

[27]

Q. Judge Elliott, I believe you testified as to the fac-

tors which underlay the Court’s decision to redistrict

at the time that it did. One of the factors being the

disparity in population. There was considerable disparity

between the existing JP precincts as they existed prior

to the redistricting, was there not?

A. That is correct.

Q. And in addition to that factor, and I suppose

this would have to do with the disparity as a result of

the legislature having upgraded salaries for JP’s and Con-

stables, and it was patently unfair to be paying one JP or

Constable the same salary as another JP where the first

JP or Constable was elected by three or four hundred

voters. in a precinct of a few thousand compared to »

another JP or Constable in another precinct with three

or four thousand people?

A. That is correct.

95

[28]

Q. In addition to those two factors, I believe you

stated one additional factor was the desirability of the

Court to place lawyers in the various Justice of the Peac

positions?

A. That is correct.

Q. All right. And I think you also stated that among

those factors and other factors the Court did give con-

sideration to’: the formation of minority precincts; that is,

consideration was given for the purpose of having minority

representation in county government?

A. That is correct. :

Q. And I will also ask you if the Court considered

the redistricting on the basis of the Federal Census

Tracts?

A. Yes. ’

Q. All right. Can you just offhand recall any other

factors which the Court gave consideration to for the

redistricting which ocurred cn June 28, 1973?

A. That would be the factor of the subcourthouses and

the providing of services within the area, making these

services more available. This is, I think, a philosophy of

the majority of the Court, and we hope to have the

various county functions in these subcourthouses.

Q. All right. These have generally been referred to

in the press as regional facilities. Is that not right?

[29]

A. That is correct.

96

DEPOSITION TESTIMONY OF

COUNTY COMMISSIONER JAMIE H. BRAY

[73]

Q. Now then my question would be: Whether or not

there was consideration on your part in casting your vote

for changing the boundaries of the JP’s and Constables,

was there a consideration by you given to the One man-

one vote principles?

A. 1 think this was the first plan that we started out

talking about, was maybe one man-one vote. And | think

someone had proposed a plan close to that at one time.

But in looking at it, we looked at the number of papers

served, the best we could, and frankly here is something

else that we are attacking, is an adequate record keeping

system. Hopefully we'll

[74]

have this on computers in the next couple of years: How

many papers are served and what’s handled and so forth.

So, in taking the best records we could find of the

activities in the county, and the potentiality of it, this is

how we arrived in laying these precincts out this way.

And I think everyone of us will tell you that none of

us are saying this is a perfect plan. It’s the best we knew

how to come up with to serve the Harris County people

best. ,

Q. Now looking at the same copy of the exhibit, which

you have before you there, it’s really apparent that the

one man-one vote principle was not applied.

A. No, sir, it was not.

Q. Even though it’s much less in disparity of popula-

tion than it was before?

97

A. Yeah, I would say so. When you jump from six

thousand to a million and then come over here to a hun-

dred forty six thousand to three hundred thousand.

Q. That was one issue we had raised. This is up to

the Court, Commissioner, to determine whether or not

when you have a voluntary redistricting, the one man-

one vote rule applies.

Now the Court has never ruled on this matter. Now

[75]

keep in mind that we are talking about one mandatory,

where they say, “You have got to” and the other under-

taking, where we’re challenging, is where you don’t have

to, but by virtue of some constitutional provision or state

statute you voluntarily undertake it, as y’all did. You

didn’t have to redistrict the JP precincts. But the Com-

missioners Court voluntarily undertook that, regardless

of what the motives may have been.

And, so, we’re asking the Court that where you have

the authority to undertake this voluntarily, by virtue of

a state statute, then is it mandatory that the one man-one

vote rule apply?

A. John, you know the encouraging thing about this

whole situation, and certainly I don’t want tn see the

County expending funds or your clients expending funds

unnecessarily, but the encouraging part about this whole

thing, is that we have raised some pertinent issues of how

we can serve the public best.

Q. Correct.

A. And I am willing to accept whatever the Court

rules. But the big part that really chaps your rear end

is to have someone come in and tell you that you did it

for political purposes. And I can assure you that this was

98

not the intent of setting this thing up, any more than we

are moving computers around for political

i [76]

purposes. We are just doing it, trying*to get the most

mileage and serving the people the best.

And first of all, 1 say again, that maybe instead of ten

years, maybe we ought to look at this thing azain in

another three or four years, in an urban area, and I would

be perfectly happy to accept the wisdom of the legislature

or a court that lays out a plan that says, “This is the way,

in our wisdom, that you should do it.” | would follow it

to a “T.” And I wouldn’t have any qualms about doing it.

The sad part about it is that a bunch of people set

here a hundred years and not do anything at all and just

let the public suffer.

Q. Let :ne ask you this: Using the standards that apply

in Article 5, Section 18, I may be incorrect on the direct

quotation on that section, but I believe that it states,

‘“From time to time, for the convenience of the people,

the Commissioners Court has the authority to look at the

boundaries of the various JP and Constable precincts.”

Let’s just ulk about them, the JP precincts, because they

are harmonious with the Constables, so to speak, because

you can’t have one without the other.

A. Right.

Q. Calling it JP precincts, but from time to time the

[77]

Commissioners Court, for the convenience of the people,

can redistrict these precincts. Now it doesn’t elaborate

what requirements must be met, if any. I think there is

99

some case log decisions. Of course, we are challenging

those. But now would you,gay that your primary consid-

eration was convenience of the people or what’s best for

the people in your judgment? Was that the criterion that

you used in casting your ballot? .

A. That was my total criteria for supporting any plan

and redistricting. Here again you must remember this,

too, that a JP’s duties are.so close to the people out there,

on everything from a family squabble across the fence

to who picked up Johnny’s bicycle. And this again is the

reason that I feel that the importance of this office, that

many disputes can be settled out there by some knowl-

edgeable and well qualified JP.

And frankly, i wouldn’t be opposed to having more

JP’s maybe than two per precinct in an urban area, if

you could bring them closer to the people. And at the

same time if justice is not dealt with or handled properly

by that individual, he is still close enough to the people

out there that they can vote him out of office if they are

being mishandled by him. And I like this part of it.

[78]

And for me to sit here and tell you that I have all the

answers for updating county government, and that every-

thing we have done is just the finest thing since Mother-

hood, I am not going to do it.

But I can tell you again, and I want it for the record

specifically, that no one in our group, that voted for this

plan, did I hear say, “Let’s do this because it will be

politically expedient for an election or for us” or «hat

have you. I can assure you I wouldn’t have supported it

if it had been along those lines. And it was just trying to

start off with some system to upgrade the present system.

And that was the total intent, to the best of my knowledge.

100

[80]

Q. 6, 7 & 5. Now then that area, about which I am

asking my question, to your knowledge is an unincorpo-

rated area of the City of Houston. Would that be a fair

statement?

A. I would take your word for it.

Q. Let’s exclude the City of Tomball and the City of

Katy?

A. All right.

Q. That area is largely unincorporated?

A. But here again, though, John, you. are undoubtedly

missing the point I tried to get over to you. In that total

area, you talked about, there is just—there is only twenty

seven thousand people totally that reside out of that, cut

of a million seven. hundred fifty thousand. You follow

me? .

Q. But I am trying to relate distance to convenience.

That’s going to be my next question. _

A. But distance for how many people, though. You are

going to make it more convenient for three hundred thou-

sand than you are for twenty three thousand?

[81]

This is a difficult thing. I am not saying that those.

twenty seven thousand shouldn’t be served, you know, as

convenient as possible, because I do want them to be. But

here again, another thing, the attorney that was question-

_ ing before said that I wasn’t answering him directly. But

another thing we are looking at, sincerely looking at, is a

regional concepi of government. Not only can they go to

a courthouse annex or multipsrpose center for J.P.’s and

Constables, but go there and pay their taxes and purchase

license plates and buy marriage licensesand so forth. And

the total concept is to bring the county government from

the courthouse complex to the court out to the people.

And we feel that in looking at figures of fees collected and

fines and what have you, that on a strictly business basis

of handling the taxpayers money properly, this should be

done. . |

101

[82]

Justice precincts, which we now have the maximum, I

believe—

A. Right.

Q. —in Harris County. Now the appiying of those

three criteria, approximately sixteen hundred square miles

Seventeen hufdred and something.

Okay. |

Seventeen plus.

It’s 565 times 3.

I'll stand corrected then if that’s it.

Well, let’s just use seventeen hundred even.

Okay. ;

Okay, sir. But whatever the square mileage is,

knowing your number of census tracts that you have,

there is no reason why a figure of pcpulation and square

mileage could not be reached <o it would be seven within

every precinct, to your knowledge? Do you know of any

reason?

A. The only thing about that that would be a good

reason would be the precinct you just mentioned, 5, 6 and

7, has a large—I don’t know what the square mileage

is, but it’s—I’d say more than a third. Far more than ay

OPOPOROY

*

102

third, but you only had twenty seven thousand people

totally out there.

[84] e

Q. I am not questioning your motives, Conimissioner.

So I don’t want to offend you, but I want to ask a question.

If Commissioner Bass stated that it; was one of the con-

siderations in voting for the redistri¢ting of the J.P.’s and

Constables to give the blacks a piece of the action, would

you tell, for the purposes of the record, was that one of

your motives in voting for it?

A. Well, you know this sounds like Commissioner

Bass, you know, shooting from the hip with some of his

statements at times. But certainly, as I said earlier, I cer-

tainly do want to consider the blacks and the Chicanos.

But at the same time I want to consider the good people

out in Crosby-Highlands area, when we put a second J.P.

And I am not opposed to everyone having some input into

it. And Ill say this: Prior to this re-

[85]

districting, the black and Chicano «population of this

county probably didn’t have a lot to say about electing

a J.P. Very few.

You are not aware of any requirement of the law,

you, that says that because of a person’s race he is

entitled to be guaranteed a political office?

A. No, sir. And you know, John, I said earlier, and I

really think it’s happening across this country, when you

see again the Mayor of Los Angeles, California elected

where there is only fifteen percent, blacks—

Q. I am in agreement with you,

103.

A. It’s changing. And for anybody to come along and

tell me that Precinct 6 or Precinct 7 is a sure fire Chicano

or a sure fire black, they may be more politically astute

than I am, but I think it’s a pipe dream. I think that day,

in the urban area, is gone.

[86]

A. John, my first criteria, and this is positive proof of

who is out there, my first criteria in making appointments

in those areas you are talking about is did they have the

credentials and then what are those. That was a law

degree.

And Judge Azios and Judge Rodriguez and Judge

Peavy, the court saw fit to appoint, were all attorneys.

[87]

It wasn’t because he had a black face or a brown face.

We were looking at the credentials the guy was carrying.

So that in itself should have showed what the true motives

or redistricting was.

104°

[78]

ORDER

(Filed January 30, 1974)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

RICHARD E. MOORE, J. C. BOLTON,

VERNON G. DOERING, J. W. MAHAN,

GENE ZABOROSKI; and JOHN HOWE BOYNTON,

on His Own Behalf and on Behalf of Every Resident

Citizen of the Former Justice of the Peace

Precinct Nos. 5, 6, and 7 of

Harris County, Texas

¥:

Hz IS COUNTY COMMISSIONERS COURT, |

WIELIAM ELLIOTT, Individually and as County

Judge of Harris County, E. A. LYONS, Individually

and as a Member of the Harris County Commissioners.

Couit, ROBERT ECKELS, Individually and as a Member

of the Harris County Commissioners Court, JAMIE

BRAY, Individually and as a Member of the Harris 2

County Commissioners Court, and TOM BASS,

Individually and as a Member of the Harris County

Commissioners Court

CIVIL ACTION NO. 73-H-993

ORDER

This action came on for ‘hearing before a three-judge

district court composed of the Honorable Thomas G.

Gee, Circuit Judge, the Honorable John V. Singleton, Jr.,

District Judge, and the Honorable Carl O. Bue, Jr., Dis-

trict

Vier

why

105

[79]

Judge, and the issues having been duly heard and decision

having been duly rendered.

It is ORDERED and ADJUDGED that

I. This court has jurisdiction under Title 28, U.S.C.A.

§ 2281.

Il. The Texas statute Article 23512, Vernon’s Ann.

Civ. St., is facially unconstitutional.

III. The order of the Commissioners Court of Harris

County, Texas, of June 28, 1973, complained of herein

issued pursuant thereto is therefore pesmanently enjoined.

An opinion of this court will follow.

DONE at Houston, Texas. on this the 30th day of

January, 1973.

THOMAS G. GEE

Thomas G. Gee

Circuit Judge

JOHN V. SINGLETON. JR.

John V. Singleton, Jr.

District Judge

CARL J. BUE, JR.

Carl J. Bue, Jr.

District Judge

106

[80]

IN THE

United States District Cmut

FUR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

RICHARD E. MOORE, ET AL,

Vv.

HARRIS COUNTY COMMISSIONERS COURT,

ET AL

No. 73-H-993

BLACKIE NEELEY

v.

HARRIS COUNTY COMMISSIONERS COURT,

ET AL

No. 73-H-1033

Before GEE, Circuit Judge, SINGLETON and BUE,

District Judges.

GEE, Circuit Judge:

Plaintiffs are duly elected Justices of the Peace, Con-

stables and voters of three former Harris County pre-

cincts which have been abolished by order of defendants,

the County Judge and Commissioners of Harris County,

Texas. At the time of the order, and today, the terms to

which the plaintiff office-holders were elected had not

expired. The Commissioners acted under authority of a

Texas Constitutional provision’ permitting revision of

1. Tex. Const. Art. 5, §18.

107

precincts from time to time “for the convenience of the

people” and Article 2351%%, Texas Revised Civil Statutes.

This article provides, in pertinent part, as follows:

(c) When boundaries of justice of the peace

precincts are changed, so that existing precincts

are altered, new precincts are formed, or former

precincts are abolished, if only one previously elected

or appointed justice of the peace or constable resides

within a precinct as so changed, he shall continue

in Office as justice or constable of that precinct for

the remainder of the term to which he was elected

or appointed. If more than one justice or constable

resides within a precinct as so changed, or if none

resides therein, the office shallbecome vacant and

the vacancy shall be filled as other vacancies;

provided, however, that in precincts having two jus-

tices, if two reside therein, both shall continue in

office, and if more than two reside therein, both

offices shall become vacant.

The manner in which defendants’ order redrew the

Harris County precinct lines resulted in the vacating of

plaintiffs’ offices by force of the quoted portion of the

Statute.

The statute is attacked on numerous grounds, most of

which we need not discuss, since we conclude that its

effect to end the term of some of the duly elected jus-

tices of the peace and constables of Harris County con-

Stitutes an impermissible abridgement of the franchise of

those entitled to vote for them and a violation of the

equal protection clause, both without the showing of

any compelling state interest to be served thereby.

Defendants are local officers, functioning pursuant to

statewide policies embodied in the constitutional and stat-

108

utory provisions cited. An injunction is sought on consti-

tutional grounds against the effect of Article 2351% to

truncate. the term of some of the plaintiffs and set at

nought the vote of those who elected them to these offices.

These offices are the creation of state law; the jurisdiction

of the offices in question is statewide,” and the statute

attacked is of statwide effect and impact. The consti-

tutional issues raised are not facially insubstantial, and

the complaints clearly called for the convening of a

three-judge court.

We are not unmindful of the decision in Snowden v.

Hughes, 321 U.S. 1 (1944), in which the right of a

citizen to be a candidate for state office was held to be

unprotected by the privileges and immunities clause of

the Fourteenth Amendment, or that in dicta the court ex-

tended its holding to the right to vote for and hold

such office. But we are persuaded that this case is not

controlled by Snowden.

In the first place, on its facts Snowden involved a candi-

dacy only. We treat here of a Texas state office, which

has been repeatedly held by the courts of Texas to be a

species of property, e.g., State ex rel Jennett v. Owens,

63 Tex. 261 (1885). The Fourteenth Amendment might

well be seen as extending protection to an elected and

qualified office-holder, but not to a mere aspirant as in

Snowden.

In the second place, it appears that events have marched

by the view taken in Snowden of the division of state

2. Eg. Arts. 2385, 6885, Tex. Rev. Civ. Stat. The jurisdiction

of a justice of tthe peace is to be distinguished from the venue lim-

itations of Art. 2390, R.CS.

f

109

and federal responsibilities. More recent Supreme Court

decisions have sapped the force of Snowden’s vision of the

federal structure. The “privileges and immunities” clause

of the Fourteenth Amendment has become irrelevant in

considering protection of the right to run and vote for

state office. Modern concepts of equal protection have

assumed that burden. Bullock v. Carter, 405 U.S. 134,

31 L.Ed.2d 92 (1972); White v. Regester, U.S.

37 L.Ed.2d 314 (1973); Harper v. Virginia Bd. of Elec-

tic..s, 383 U.S. 663, 16 L.Ed.2d 169 (1966); cf. Oregon

v. A4itcheil, 400 U.S. 112, 27 L.Ed.2d ” (1970).

Insofar as Art. 235112 operates to truncate the term

of a duly elected public official upon the circumstance

that a mere convenien-e redistricting places him in a dis-

trict with others, it invidiously and irrationally discrim-

inates between him and others not so affected and be-

tween the effect of the votes of those who voted or

were entitled to vote in his election and voters whose

franchise was not so bobbed. No compelling interest was

here served by such discrimination.’ Certainly it was not

necessary to effect redistricting in mid-term or, if that

were thought pressing, it was not compelling that the

office be declared vacant as a result. Indeed, the analogous

3. See Mancuso v. Taft, 476 F.2d 187, 196-97 n.14 (1st Cir.

1973).

4. Defendants’ only contention which approaches advancing such

an interest for redistricting is that the old precincts were egregiously

disproportionate in population. This is true, but the new districts were

clearly not drawn with any ideal of population equality foremost in

mind: the order establishing them itself recites that one contains

almost two and one-half times as many people as another. Nor would .

population equalization, if seen as a compelling reason for redistricting

and faithfully served in drawing the new precincts, bear any necessary

relation to vacating these offices, a different consideration entirely.

110

section pertaining to county commissioners, Art.

2351142(b), expressly provides that the term of office of

a county commissioner is not to be affected by redistrict-

ing, even though its effect may be to place his residence

outside the precinct for which he was elected.

The duly elected justices of the peace and constables,

plaintiffs‘ here, are entitled to serve the terms to which

they were elected. Insofar only as Article 235112, Texas

Revised Civil Statutes mandates otherwise, it is uncon-

stitutional. Insofar only as defendants’ order of January

30, 1973, undertakes to appoint other persons to plain-

tiffs’ offices, and to prevent plaintiffs from carrying out

the duties and receiving the emoluments of their offices

during the term to which they were elected, it is likewise

invalid.

THOMAS GIBBS GEE

United States Circuit Judge

JOHN V. SINGLETON, JR.

United States District Judge

‘ CARL O. BUE, JR.

United States District Judge

£

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Ree FEO Nee

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