# Appendix — Richmond v. United States

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0466%3A01

## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1975
- **Citation:** 422 U.S. 358

## Text

(i)
INDEX

Page
Chronological List of Relevant Docket Entries .......... 1

Original Complaint for Declaratory Judgment, Filed
August 25, 1972, with Exhibits .................. 4

First Amendment to Complaint, Filed November 9,
ERS G TS a sens ee ee 35
L Answer of United States, with Exhibit ................ 35

: Answer of United States to Amendment _ to
NN oe ick c eee cee ee Wes 6 se we 39

Opinion of Special Three-Judge Annexation Court,

sitting in the Circuit Court of Chesterfield

County, dated July 1, 1969, in City of

a Richmond v. County of Chesterfield, etal. .......... 40

Exhibits from Holt v. City of Richmond, 334
F.Supp. 228 (E.D. Va. 1971):

A. “Off the Record Conference in Chambers”

— Originally Defendant’s Exhibit 16 —

Annexation Transcript, pp. 3234-3, 10, 11,

We I, 5 6 iw oa eRe we ck sees 48
B. Defendant’s Exhibit 29[A]; pp. 4579, 4580,
ee a ae ae Ee 53

C. Plaintiffs Exhibit 1, pp. 1, 2, 3, 4 — Racial
Population Maps for 1940, 1950, 1960 and
nd BEE i ae are ne ae a ee a 57

S, D. Plaintiffs Exhibit 2 — Census Tabulations
3 for 1930 through 1970, with Intercensus
: - a ry hs he ew 61
a. E. Plaintiffs Exhibit 3, a through n —
Councilmanic Election Returns for City of
UII, SUIT ro iW a hoe e es eee we aes 62

F. Plaintiffs Exhibit 4 — Merger Vote,
Richmond-Henrico County, December 13,

(ii)

Page

G. 1. Plaintiffs Exhibit 5(a) - Election
a eet Oe EET Cee 78

2. Plaintiff's Exhibit 5(b) -— Election
IN I ho. 6 iis oaks Fh ea Nd oc eee 104

H. Plaintiff's Exhibit 10 — Map of Annexed
pO RE eee ee ear ae 135

I. Plaintiffs Exhibit 12 (Def. Ex. 16) —
Population, Race and Age Composition

J. Plaintiff's Exhibit 24 — Report to Aldhizer
Commission, with Exhibits, by C.B. Mattox,
Jr., City Attorney, February 5, 1969. .............
(This exhibit has not been printed, but has
been reproduced separately and filed to-
gether with this Appendix.)
K. Plaintiff's Exhibit 25 -— Booklet entitled
“Expand Richmond’s Boundaries” — Report
to the Richmond Boundary Expansion Study
Commission ........ Ger caine be eb os'csaks
(This exhibit has not been printed, but has
been reproduced separately and filed to-

gether with this Appendix.) :
L. Plaintiff's Exhibit 26 — Handwritten Notes
of Meeting, dated June 19, SS evn ony 009 08 138
M. Plaintiff's Exhibit 29 —. Crusade for Voters
Letter, dated January 1, 1968. ............... 139 .
N. Plaintiff's Exhibit 32 — Melvin W. Burnett
| a ren a ee ee ee 142
Motion to Consider Consent Judgment, with
Consent Judgment attached, filed May 15, 1973. ..... 150

Transcript, exerpt from Hearing on July 23, 1973
Before Three-Judge District Court below, City
of Richmond v. United States, et al, pp.8-9 ......... 155

Exhibits From the Hearing Before the Special
Master, appointed by the Court below, City
of Richmond v. United States, etal: ..........4+.. 157

a

(iii)
Page
. Plaintiff's Exhibit 12 — Plan C, Nine-ward ,
Sie: teme Me ee ene eee 158
. Plaintiff's Exhibit 13 — Plan B, Nine-ward
ccc, Se Ee pee Fee eee Din tee wo be 159
. Plaintiff's Exhibit 14 — Plan D, Nine-ward
siuacdacs., cee CTT OO TT a Cee 160
. Plaintiff's Exhibit 15 — Nine-ward Plan. ......... 161
. Plaintiffs Exhibit 18 — Demographic
Characteristics, accompanying Exhibit 15. ....... 162
. Crusade for Voters Exhibit 3 — Plan A,
Nine-ward Plan Map. ...................... 163
. Crusade for Voters Exhibit 20 — ‘Plan Q,
Nine-ward Plan Map. ...................... 164
. Crusade for Voters Exhibit 21 — Plan R,
Nine-ward Plan Map. ............ Chan's eee» 165
Defendant United States Exhibits 1 through
11:
Exhibit 1, Letter from David L. Norman to
C:B. Mattox, Jr., May 7,1971. ............ 166
Exhibit 2, Letter from David L. Norman to
C.B. Mattox, Jr., September 30,1971. ....... 168
Exhibit 3, 1966 Richmond Councilmanic
Elections, “Voting by Precincts”. ........... 170
Exhibit 4, 1968 Richmond Councilmanic
Elections, “How Richmond Voted”. ......... 171
Exhibit 5, 1970 Richmond Councilmanic
NS NTE E TE a Ce oes. 172
Exhibit 6, 1971 Richmond House of Dele-
ON ON as. 5S be oe 173

Exhibit 7, 1966 Richmond Councilmanic
Election; percentage by candidate, white
and black precincts. .................... 174

(iv)

Page
Exhibit 8, 1968 Richmond Councilmanic
Election; percentage by candidate, white
Pe ee Tere eee 175
Exhibit 9, 1970 Ri¢hmond Councilmanic

Election; percentage by candidate, white
og ee ere 176

Exhibit 10, 1971 Richmond House of
Delegates Election; percentage by

candidate, white and black precincts. ........ 177
Exhibit 11, 1966 through 1970 Elections;

white and black precincts breakdown. ....... 178

. Holt Exhibit 1 — News Clippings. ............. 180

. Holt Exhibit 2 — Resolution. ................ 185

. Proposed Findings of Fact and Conclusions
of Law, filed by the Intervenor Crusade for
Voters, with the Special Master, November
5 Se, i) Were age Cee a ad 5 Ga fc a's0,0.0'0 0 186

. Findings of Fact and -Conclusions of Law
filed with the Court below on November
26, 1973, to the Special Master, on behalf
of Curtis Holt, Sr., et al, Defendant-
Es ES Saag aie oN es ee 224

. Joint Stipulation By All Counsel that the
Record of Holt I be Received in the Instant
SS cc da eee chen hae eb wk aeceee 259

. Joint Stipulation By All Counsel as to Other
.Elected Officials of Richmond. ............... 260

1
Chronological List of Relevant Docket Entries

CIVIL DOCKET
United States District Court for the District of Columbia

1972 .

Aug. 25, Complaint, appearance; Ex. A thru E;
Request for Third-Judge Court, filed.

Aug. 25, Surimons, Copies (2) and Copies (2) of
Complaint issued D.A. & Atty. Gen. Sef. 8/28/72.

Sep. 11, Motion of Curtis Holt, Sr. for himself and on
behalf of all other similarly situated for leave to intervene
as a defts. exhibit memorandum c/m 9/8 M.C. Appear-
ance of W.H.C. Venable, (422 East Main St., Richmond,
Va. 23219. $5.00 deposit by Venable).

Sep. 14, Order extending time for plaintiff and
defendants to reply to petition for leave to intervene to
September 25, 1972. (N) Richey J.

Sep. 14, Motion of plaintiff to extend time to reply to
petition for leave to intervene; P & A; c/m 9-14.

Sep. 14, Application of plaintiff for Three Judge
Court; c/m 9-14.

Sep. 25, Response 6f the United States to motion to
intervene; c/m 9-25-72.

_ Sep. 25, Memorandum of plaintiff in opposition to |
petition of Curtis Holt for leave to intervene; table of
cases and authorities; P & A; c/m 9-25.

Sep. 25, Request by plaintiff for oral hearing on
motion for leave to intervene.

Oct. 3, Application for Three Judge Court granted. (N)
(Signed 10-2-72) Green.

Oct. 6, Designation of the Honorable J. Skelly Wright,
U.S.C.A. and the Honorable William B. Jones, U.S.D.C.

2

to serve with the Honorable June L. Green as members of
a three-judge panel to hear and determine this case. (N)
Bazelon, C.J.

Oct. 6, Motion of Curtis Holt, Sr. to amend petition to
intervene; exhibit; c/m 9-8-72 M.C.

Oct. 6, Motion of Curtis Holt, Sr. to proceed in Sains
Pauperis; affidavit c/m 9-18-72 M.C.

Oct. 6, Reply of pltf Curtis Holt, Sr. to pltfs
memorandum in opposition to petition to intervene; c/m
9-28-72.

Oct. 10,_Memorandum of plaintiff in opposition to
amended petition of .Curtis Holt, Sr. for leave to
intervene; table of contents; table of cases and authori-
ties; c/m 10-10.

Oct. 17, Letter dated 9-28-72 entering the appearance
of Josph D. Tydings and Michael E. Kris at 1120 Conn.
Ave., N.W. as counsel for petitioner-intervenors.

Oct. 18, Petition of Crusade for Voters of Richmond,
Virginia, Dr. William S. Thornton Dr. M. Philmore
Howlette, for leave to intervene as defts. P&A; Attach-
ment Exhibits (2); c/m 10-18-72; M.C.

Oct. 18, Deposit $5.00 by Derfner.

Oct. 18, Appearance of Armand Derfner, counsel for:
above interveners. ,

Oct. 18, Ofder granting the petition of Curtis Holt, Sr.
Leave to intervene as deft. and permitting him to file in
Forma Pauperis. (N) Wright, J. Jones, J. Green.

Oct. 27, Answer of defendants to complaint; exhibit
A; c/m 10-27. Appearance of Robert R. Rush, Gerald W.
Jones, Department of Justice.

Oct. 27, Calendared (CD/N).

Oct. 27, Motion of defendants to dismiss; P & A;c/m
10-27. M.C.

‘

3 : P ‘

Oct. 27, Response of defendant USA to motion to
intervene; c/m 10-27.

Nov. 8, Order granting petition of the Crusade Voters
of Richmond, et al, to intervene. (N) (Signed 11-6-72)
Wright, Jones & Green,’J.

Nov. 9, Opposition of plaintiff to motion to dismiss;
c/m 11-9.

Nov. 9, Motion of plaintiff for leave to file iliahathsiiies
to complaint; exhibit A; P & A;c/m 11-9. M.C.

Nov. 15, Withdrawal of Crusade Intervenors’ motion to
dismiss, as per counsel; ¢/m1 1-14.

Nov. 16, Response of defendants to plaintiffs motion
to amend complaint; c/m 11-16.

Nov. 17, Order denying defendants motion to dismiss:
granting plaintiffs motion to amend the complaint. (N)
Green, J. ©

Nov. 30, Appearance of James P. Parker as counsel for
intervenors. _

Dec. 4, Amended complaint; c/m 11-9.

Dec. 4, Answer of: defendants to came amended
complaint; c/m 12-4.

1973 .

Jan. 26, Answer of ,deft. Intervenors Crusade For
Voters, et al. to plitfs. first amendment to complaint. c/m
1/23/73. ;

Feb. 9, Stipulation for extension of time for pltf. to
respond to defts. intervenor’s interrogatories to and
including 3/29/73. (fiat) (N) Green, J.

Feb. 12, Request of ‘pitf. for admissions of facts;
appendix A’& B. c/m 2/9.

Mar. 5, Second set of interrogatories of Intervenors to
pitff. c/m 3/2.

Mar. 8, Calendar Call. (Rep: E.O. Wells) Green, J.

4

Mar. 9, Order directing that all discovery be completed
by 4/6/73 and setting forth further instructions to all
parties. (N) Green, J.

Mar. 9, Motion for. leave to dispense with printing of
juridictional statement attachments filed. Green, J.

Mar. 12, Answer of deft. Intervenor, Crusade for
Voters to pitf’s. request for admission of facts. c/m 3/9.

Mar. 12, Notice of deft. Intervenor to take deposition
of William Leightinger Dallas Oslin. c/m 3/8.

Mar. 12, Answer of intervenor, Curtis Holt to pitfs
’ request for admission of facts. c/m 3/9.

March 14, Answer of defts. 1 and 2 to pitf’s request
for admission of facts. c/m 3/14.

Mar. 16, Transcript of proceedings — 3-8-73. (Rep:
Elaine Wells) (Court’s Copy).

Mar. 19, Interrogatories of intervenors Curtis Holt, Sr.,
et al to pitfs. c/m 3/19. |

"Mar. 29, Answers and responses of pltf to deft-
‘Intervenors’ interrogatories. c/m 3/23.

Mar. 30, Notice of deft Intervenors, Curtis Holt, et al to
take depositions of William Leightinger, George Talcott,
Conard Mattox, Henry Valentine, Thomas Bliley, Leo-
nard L. Wharton, Robert T. Fary and A. Howard Todd.
c/m 3/28/73.

Apr. 6, Answer of pltf and responses to deft Intervenor
Crusade for Voters interrogatories. c/m 4/5/73.

_ Apr. 6, Answer of pitf-and responses to interrogatories
of deft intervenor Curtis Holt, Sr. c/m 4/5/73.

Apr. 6, Motion of Donald O. Sutton, for leave to
intervene as a pltf. exhibits K-1; K-2; K-3; K-4; K-5; K-6;
K-7. M.C. Appearance of Donald O. Sutton, 2316 Royall
Ave., Richmond, Va. 23224 in proper person: Deposit
$5.00 by Sutton.

_ Apr. 13, Certificate of service of. mailing copy of
motion to intervene by Donald O. Sutton on 4-10-73 to
all parties of record; exhibit K-8 attached.

f

5

*Apr. 20, Response of U.S.A. to motion to intervene by
Donald O. Sutton; c/m 4/20/73.

*Apr. 19, Order denying petition of Donald O. Sutton
for leave to intervene as a Party pitf. (N) Green, J.

Apr. 23, Deposition of William J. Leidinger for the
deft. Intervenors, Crusade For Voters of Richmond, et al.
Published and filed.

Apr. 23, Depostion. of Dallas H. Oslin for the deft.
Intervenors, Crusade For Voters of Richmond, et al.
Published and filed.

Apr. 24, Opposition of pltf to motion to intervene by

Donald O. Sutton; P & A. c/m 4/24/73.

Apr. 25, Stipulation, filed: (N) Wright, J., Jones, J.,
Green, J.

Apr. 26, Response of Curtis Holt, Sr., et al to motion
to intervene of Donald O. Sutton; c/m 4/24/73.

Apr. 26, Stipulation, filed.

Apr. 26, Order amending Court’s Order of March 9,
1973 extending the May 1, 1973, deadline to June 15,
1973. (N) (signed 4/25/73) Green, J.

Apr. 27, Motion of deft. intervenors to compel answers
to interrogatories; memorandum; c/m 4/25/73 M.C.

May 2, Opposition of pltf to motion to compel
answers to interrogatories; P & A; c/m 5/2/73.

May 7, Order directing pltf. within 15 days from entry
of this Order make full and complete answers to
deft-intervenor’s interrogatories. 5 neg

May 15, Proposed findings of fact and conclusions of
law by defts. Holt et al, 5-15,

May 15, Proposed findings of fact and conclusions of
law by pltf. c/m 5-15.

May 15, Motion of pitf. to consider consent judgment;
exhibit A; P & A; attachment c/m 5-8.

May 16, Proposed findings of fact and conclusions of .
law by defts; exhibits 1, 2,3, 4, 5, 6, 7, 8,9, 10, 11 and
12; ¢/m 5/15/73.

May 17, Depositions of William J. Leidinger, Leonard
Lee Wharton, Robert T. Fary, Conrad B. Mattox, Jr. and
George Talcott published and filed.

May 17, Depositions of Henry Lee Valentine II, Mayor
Thomas J. Bliley, Jr. and A. Howe Todd published and
filed. :

May 18, Supplemental memorandum of P & A; by pitf.
exhibits A, B, C and D. c/m 5/18/73.

May 22, Copies of pages of transcript referred to in
defts proposed findings of fact and conclusions of law.

May 24, Answer of plitf and responses to interroga-
tories of Intervenor Curtis Holt., Sr. attachment; c/m
5/22/73.

May 30, Objections of deft. intervenors to consider-
ation of entry to consent judgment proposed by pltf. c/m
5-30-73. .

Jun. 4, Motion of intervenor Holt for sanctions for
failure to respond to order for discovery. c/m 5-31-73;
M.C. .

Jun. 4, Further answer of pltf. and response to
interrogatory 13; attachment; c/m 6-1-73.

Jun. 6, Motion of James W. Benton, Jr. for withdrawal
of appearance. c/m 6-5-73 M.C.

Jun. 7, Reply of pitf. to intervenor’s objection to
consideration of consent judgment; and moiion of pltf.
for relief under Rule 54 F.R.C. v P. Affidavit of Conrad
B. Mattox; Statement; c/m 6-7-73. M.C.

Jun. 11, Further answer of plitf. and response to
interrogatory 13 of Intervenor Holt; attachment; c/m
6-8-73. |

**June 12,

June 15, Answer of deft #3 to interrogatory; c/m
6/14/73. Error

7

June 15, Memorandum of law by pltf.; c/m 6/15/73.

June 15, List of witnesses by pltf.; c/m 6/15/73.

June 15, Memorandum of law by intervenors Curtis
Holt. et al; exhibit; c/m 6/15/73.

June 15, List of witnesses by intervenors Holt; c/m
6/15/73 and exhibit C.

June 18, Pretrial brief by deft; c/m 6/15/73.

**June 12, Order directing the parties on or before
July 2, 1973 to file legal memoranda addressing certain
questions. (N) Green, J.

July 2, MOTION of Intervenor Crusade for Voters of
Richmond for dismissal; Pretrial memorandum; Ex.
A,B,C,D; c/m 7-2-73.

July 2, LEGAL memorandum of pltf; c/m 7-2-73.

July 2, MEMORANDUM of law by defts.; c/m 7-2-73.

July 5, MOTION of deft. intervenors Curtis Holt for
summary judgment; c/m 7/2/73.

July 5, MOTION of deft. intervenors Curtis Holt for
dismissa! and relief; c/m 7/2/73.

July 5, SUPPLEMENTAL memorandum of newly
" discovered evidence in support of objections to considera-
tion of consent judgment; affidavits (2) c/m 7/2/73.

July 5, LEGAL memorandum in response to order of
6/11/73; c/m 7/2/73.

July 10, LETTER dated 7/3/73 to Judges Wright,
Green and Jones from Mr. Venable; attachments (2).

July 12, OBJECTIONS by pltff. to motions of
intervenors to dismiss and for summary judgment and
renewal of pitffs. motions to amend complaint and for
summary judgment.

July 19, SUBMISSION of Ward Plans by defts —
intervenor Crusade for voters of Richmond; maps n, o
and p; c/m 6/19/73.

8

July 20, STATEMENT by deft. in opposition to
intervenors motions to dismiss and summary judgment;
c/m 7/20/73.

July 24, CERTIFIED copy order USDC for Eastern
District of Virginia, Richmond division, transferring the
complete record to this court. Received 5 boxes and |
roll of maps and charts. See memo attached.

July 24, TRANSCRIPT of proceedings 7/23/73 Elaine
Wells Rep. Court’s copy.

July 24, ORDER denying pltfs. motion for summary

judgment; denying the oral motion of a November 1973

election of the city council; denying deft-intervenor
Holt’s motions to dismiss or for summary judgment and
for sanctions; granting James Benton’s motion to with-
draw. (N) (signed 7-23-73) Green, J.

Aug. 7, OBJECTIONS of deft. intervenors, Holt, et al
to order of 7-23-73; c/m 8-3-73.

Aug. 14, ORDER overruling objections of deft-
intervenors, Curtis Holt, Sr., et al to the referral of this
case to a master. (N) Wright, J. (USCA) Jones, J.

Sept. 11, OBJECTION of deft. Intervenor, Curtis Holt,
Sr., et al to additional witnesses and exhibits being
introduced or considered beyond the provisions of the
former Orders of the Court; P&A. c/m 9-6. |

Sept. 17, MEMORANDUM of Intervenors, Holt briefly
outlining position regarding scope of issue before Magis-
trate and Law controlling resolution of that issue. c/m
9-13.

Sept. 17, ORDER overruling deft. intervenor Curtis
Holt, Sr., et al’s objections to additional witnesses and
evidence being introduced. (N) Magistrate Margolis.

9

e

Sept. 18, MOTION of deft-Intervenors, Curtis Holt,
Sr., et al to postpone the Master’s hearing set for 9-24-73,
to allow discovery and to clarify its order dated 7-23-73.
affidavit. c/m 9-17.

Oct. 1, NOTICES (3) to take depositions of witnesses
by intervenor deft. Curtis Holt; c/m 9-27-73.

Oct. 10, DEPOSITIONS of Mayor Thomas J. Bliley, Jr.
and Dr. William S. Thornton published and filed.

Oct. 10, DEPOSITION of A. Howe Todd published
and filed.

Oct. 15, TRIAL begun Oct. 15, 1973 at 10:05 a.m.
and respited until 9:00 a.m. 10-16-73. (Reps: J. Lazurug
L. Lacy) Margolis, Mag.

Oct. 16, TRIAL begun 9:30 a.m. 10-16-73 and
respited until 10-17-73 at 9:30 a.m. (Rep: B. Trivisani)
Margolis, Mag.

Oct. 17, TRIAL begun at 9:30 a.m. and concluded
10-17-73. Taken under advisement. (Rep: R. Reilly)
Margolis, Mag.

Nov. 7, TRANSCRIPT of proceedings, October 15,
1973; pp 1 thru 257; (Rep: Elizabeth Lacy) Court’s
Copy.

Nov. 7, TRANSCRIPT of Proceedings, October 16,
1973; 260 thru 380; (Rep: Brenda Trivisani) Court’s
Copy.

Nov. 7, TRANSCRIPT of Proceedings, Afternoon
session, October 16, 1973: pp 381-568; (Rep: Brenda
Trivisani) Court’s Copy.

Nov. 7, TRANSCRIPT of Proceedings, October 17,
1973; pp 570 thru 737. (Rep: Robert A. Reilly) Court’s
Copy.

Dec. 11, TRANSCRIPT of Proceedings of Sept. 26,
1973, pages 1-45. Rep: J&K Reporting Service; Court’s

copy.

10

Dec. 17, OPPOSITION of Curtis Holts, Sr. to consider-
ation of deposition of William S. Thornton; c/m—

Dec. 19, ORAL arguments began at 2:10 p.m.
12-19-73; arguments concluded and taken under advise-
ment. (Rep: J. Lazarus) Margolis, Mag.

1974

Jan 17, TRANSCRIPT OF PROCEEDINGS of Dec.
19, 1973, pages 1-53. (Rep: J. Lazarus) Court copy.

Jan. 21, FINDINGS of facts and conclusions of law.
Margolis, Mag.

Jan 31, MOTION by defts. tor modification of
Master’s Report; objections; c/m 1-31-74. :

Jan. 31, MOTION by pitf. City of Richmond, to reject
the Findings of Fact and Conclusions of Law; P&A’s.

Jan. 31, OBJECTIONS by pltf. City of Richmond to
the Findings of Fact and Conclusions of Law of the
Master; c/m 1-31-74.

Jan. 31, MOTION to extend time for serving objec-
tions to the Report of the Special Master; c/s 1-30-74.

Jan. 31, ORDER granting deft.-intervenor, Crusade
Voters of Richmond, until 24-74 to file objections to the
Report of the Special Master. (N) Green, J.

Feb. 4, OBJECTIONS by deft.-intervenors, Crusade for
Voters, et al, to Report of the Special Master; c/m 24-74.

Feb. 6, MOTION by deft.-intervenors, Crusade for
Voters of Richmond, for modification of Master’s
Report; and for immediate payment of costs of hearing
before special master; c/m 2-5-74.

Feb. 8, ORDER extending time for plitff to file a
response to the Master’s Report until 2-13-74. (N) Green,
J.

_ i

1]

Feb. 11, OPPOSITION of pltff to intervenor Crusade’s >

motion for immediate Payment of costs; c/m 2-1 1-74.

Feb. 13, MOTION by deft.-intervenors to adopt and
approve the Report of the Special Master and to deny
various objections and related motions to vacate or reject;

c/m 2-12-74,

_ Feb. 13, REPLY to objections filed to Master’s

findings and conclusions; c/m 2-]2.

Feb. 15, OPPOSITION by pltf. to motion of inter-
venor Holt to strike; c/m 2-] 5-74.

Feb. 25, PAGES ] through 4 of deft.-intervenor’s reply
to objections filed to Master’s findings and conclusions
substituted, approved. (FIAT) Green, J.

Mar. 20, HEARING begun and concluded and taken
under advisement. (Rep: E. Wells) Wright, J., USCA,
Jones, J., USDC, Green, J., USDC.

Mar. 20, COPY of optinion filed 3-15-74. (Beers vs.
U.S.A. C.A. 1495-73)

Apr. 9, TRANSCRIPT OF PROCEEDINGS of March
20, 1974, Pages 1-55. (Rep: E. Wells); Court copy. _

May 14, CERTIFIED copy of abstract of votes in the
City of Petersburg, Va. Copies mailed to Judge Skelly
Wright, Judge June Green, and Judge William B. Jones.

May 29, APPLICATION by pltfs for declaratory
judgment is denied. Wright, J., Jones, J., Green, J.

June 6, JUDGMENT denying pltfs. application for a
declaratory judgment. (N) Wright, J. USCA, Jones, J.
USDC, Green, J. USDC.

Jun. 19, MOTION by pltf. to rescind and vacate and
stay’ entry of final order; P&A’s; exhibit A; c/m 6-19-74.

July 2, MOTION by deft. intervenor Curtis Holt, Sr.,

et al, for attorney’s fee memorandum; c/m 7-2-74,
attachment.

July 2, RESPONSE and motion by deft.-intervenors,
to. pltfs. motion to rescind vacate and stay final Order of
June 6, 1974; memorandum of law; c/m 7-2-74.

Jul. 2, ORDER denying pltfs. motion to rescind,
vacate and stay entry of final order. (N) Green, J.

Jul. 5, SUPPORTIVE vouchers and itemized time logs
by deft.

Jul. 5, OPPOSITION by deft.-intervenors to pltfs.
motion to rescind and vacate order; c/m 7-3-74.

Jul. 15, MEMORANDUM by piltf. in opposition to
-deft.-intervenor Curtis Holt, Sr.’s motion for attorney’s
fees; attachments (5); exhibit A,B-1, B-2; attachments
(4); c/m 7-15-74. ,

Jul. 15, NOTICE of appeal by pltf. to the Supreme
Court of the United States from Judgment of June 6,
1974; c/m 7-15-74. Deposit $5.00 by Charles S. Rhyne
and credited to United States.

Jul. 22, NOTICE by pltf. to take deposition of Curtis
‘Holt, Sr.; c/m 7-19-74.

Jul. 22, REQUEST by pltf. to produce; c/m 7-19-74.

Jul. 22, NOTICE by pltf. to take deposition of W.H.C.
Venable; exhibit A; c/m 7-19.

Jul. 22, NOTICE by pltf. to take deposition of John
M. McCarthy; exhihit A; c/m 7-19-74.

Jul. 22, NOTICE by pltf. to take deposition of Thomas
F. Coates, III; exhibit A; c/m 7-19-74. .

Jul. .22, NOTICE by pltf. to take deposition of J.
Hatcher Johnson; exhibit A; c/m 7-19-74.

Jul. 22, NOTICE by pltf. to take deposition of E. G.
Allen, Jr.; exhibit A; c/m 7-19-74.

Jul. 29, RESPONSE by defts. to memorandum in
opposition to deft.-intervenors motion for attorneys’

fees; c/m 7-25-74.

13

Aug. 1, AMENDED certificate of service by pitf. filed
on July 15, 1974.

Aug. 1, MOTION by pitf. to quash; brief; c/m 8-]-74.

Oct. 2, MOTION by deft.-intervenors, Crusade for
Voters of Richmond, et al for attorney’s fees; memoran-
dum; Appendix A; c/m 10-1-74,

Oct. 11, MOTION by pltf. for extension of time to file
a response to intervenor, Crusade for Voter’s motion for
fees; c/m 10-] 1-74, ,

Oct. 16, ORDER granting pltf. an extension of time to
file a response to deft.-intervenor’s Crusade for Voters of
Richmond’s motion for attorneys’ fees until 10-25-74.
(N) Wright, J. USCA, Jones, J. USDC, Green, J. USDC.

Oct. 25, MEMORANDUM by pltf. in opposition to
deft.-intervenor, Crusade for Voters of Richmond,
motion for attorney’s fees; c/m 10-25-74. Appearance of
David M. Dixon.

Oct. 30, ORDER holding in abeyance the issue of
attorney’s fees until decision by U.S. Supreme Court. (N)
Green, J.

Dec. 19, CERTIFIED copy of ORDER USS. Supreme
Court noting probable jurisdiction.

Dec. 19, MOTION by deft.-intervenor, Curtis Holt, Sr.,
for clarification of Order dated July 23, 1973: attach-
ment; c/m 12-17-74.

Dec. 27, OPPOSITION by pltf. to motion by inter-
venor Holt for clarification of order dated July 23, 1973;
c/m 12-24-74,

14

Original Complaint for Declaratory Judgment,
Filed August 25, 1972, with Exhibits

CITY OF RICHMOND, VIRGINIA
City Hall |
Richmond, Virginia 23219,

Plaintiff,
Vv.
UNITED STATES OF AMERICA
and

RICHARD G. KLEINDIENST,
Attorney General of the United
States, individually and in his
official capacity
Department of Justice
Washington, D.C.,

Defendants

COMPLAINT FOR DECLARATORY JUDGEMENT
UNDER VOTING RIGHTS ACT

1. This Court has jurisdiction over this action by
virtue of Section 5 of the Voting Rights Act of 1965, as
amended, 79 Stat. 439; 42 U.S.C. §1973c.

2. Plaintiff is a political subdivision of the Common-
wealth of Virginia with respect to which the provisions of
said section are in effect.

15

3. The plaintiff's corporate boundaries were enlarged
on January 1, 1970, by a decree of a special annexation
court in Chesterfield County acting pursuant to the
provision of Title 15.1;+Chapter 25 of the Code of
Virginia of 1950, as amended. By virtue of said decree of
the annexation court consisting of three circuit judges in
accordance with the aforesaid annexation statutes,
approximately 23 square miles of land area adjacent to
the City, located in Chesterfield County, was added to
the City of Richmond.’The pre-annexation population of
the City as of 1970 was 202,359 of which 104,207 were
non-white and 98,152 were white persons. The annex-
ation added to the City, according to the 1970 United
States Census figures, 47,262 people, of which 1,557
were non-white and 45,705 were white persons. The
population as of 1968 of Chesterfield County prior to
annexation was 102,633 white and 9,845 non-white
persons. |

4. In Virginia cities are independent and not a part of
the county or counties Surrounding them and their
boundaries may be changed only by judicial decree in
accordance with the aforesaid annexation statutes or by
consolidation after a majority of those voting in a
referendum in each political subdivision have separately
agreed thereto. The history of this boundary expansion
began prior to 1959 when the plaintiff found itself in the
position of needing more land for development and more
revenue to finance the ever growing demand for munici-
pal services. During this time various studies and surveys
were made and discussions held with representatives of
the governing bodies of Henrico County which adjoins
Plaintiff generally to the east, north and west, and
Chesterfield County which adjoins Plaintiff generally to
the south. As a result of early discussions, the Plaintiff

16

and Henrico County entered into negotiations seeking the
consolidation of the two political subdivisions under the
provisions of ‘Title 15.1, Chapter 26, of the Code of
Virginia of 4950, as amended. Such negotiations began in
September 1960, and culminated in an agreement
between the two governing bodies approximately one
year later. Thereafter, said agreement was submitted on
December 12, 1961, to referendum in both political
subdivisions in accordance with law. The voters of the
Plaintiff City approved the ‘consolidation plan, the said
plan, however, was defeated because a majority of the |
voters in Henrico County disapproved the plan.

5. Promptly thereafter, on December 26, 1961, the
City Council of Plaintiff, in accordance with the provi-
sions of the Virginia annexation statutues, adopted two |
annexation ordinances requesting the convening of a
three judge annexation court and seeking from said court
the annexation of approximately 150 square miles of
Henrico County and approximately 51 square miles of ©
Chesterfield County, respectively. After numerous delays
in pretrial procedures, including proceedings in the
Supreme Court of Appeals of Virginia, the annexation
suit against Henrico County began trial in June, 1963.
The final result of the case was a decree awarding to the
Plaintiff by the annexation court of approximately 16
square miles of land area of Henrico County which
contained approximately 42,690 white persons and 660
‘non-white persons with financial obligations imposed
upon the City, pursuant to the power of’ the court
conferred by the annexation statutes, of approximately
$55 million. City Council, in March, 1965, concluded by
ordinance that it was not in the best interests of the City
to accept the annexation award and, with the consent of
the Court, the Henrico case was dismissed.

17

6. Thereafter, the annexation suit against Chesterfield
County, which had been allowed to remain dormant on
the docket of the Circuit Court of Chesterfield County
; pending the proceedings in the Henrico County suit, were
brought on for hearing and, as a result of a jurisdictional
plea, the case was dismissed by the annexation court.
After appeal by Plaintiff City, the Supreme Court of
Appeals of Virginia reversed and reinstated the case for
trial. The case came on for trial in September ‘1968, and
' at a time when the evidence was nearly complete in
January 1969, a mistrial was declared as a result of the
local judge disqualifying himself, necessitating the
appointment of a new judge and a retrial of the whole
case, which began anew in May, and continued through
June of 1969. By final order of the annexation court of
_ July 12, 1969, the award of the territory of Chesterfield
County hereinabove mentioned was decreed.: Appeals -
were instituted by numerous intervenors from Chester-
field County which were denied by the Supreme Court of
Appeals of Virginia. Thereafter, a motion for stay of the
effective date of annexation fixed by the Virginia
statutes, to-wit, January 1, 1970, and a petition for
certiorari were filed by said intervenors in the Supreme
Court of the United States. The motion for stay was
denied separately by Justices Douglas, Marshall and
Brennan, prior to January 1, 1970, the effective date of
EA EH On April 20, 1970, the petition for’ certiorari
was denied by the court. é

7. On January l, 1970, Plaintiff, pursuant to the
annexation decree, took jurisdiction over the area
awarded to it from Chesterfield County by said annexa-
‘tion court in accordance. with the provisions of the
annexation §statutues, (supra), and has ,continued to
operate, manage and supervise the area since that date.

8. On January 28, 1971, after the decision of the
United States Supreme Court in Perkins v. Mathews, 400
U. S..379 (1971), Plaintiff submitted the change resulting
from the arinexation decree by letter from Conard B.
Mattox, Jr., City Attorney, to the Attorney General of
‘the United States in accordance with the alternative
provisions of Section 5 of the Voting Rights Act of 1965.
The ‘Attorney General interposed an objection by letter
to Conard B. Mattox, Jr., City Attorney, dated May 7,
1971. Copies of said letters are ‘hereto attached and
marked Exhibits A & B, respectively. Thereafter, the
Attorney General was asked by letter from the City
Attorney dated August 2, 1971, to reconsider his
objection since Chavis v. Whitcomb, 305 F. Supp. 1364
(1969), which he relied on in his letter of May 7, 1971,
had been overruled by the Supreme Court in 403 U. S.
124 1972. By letter of September 20, 1971, the Attorney
General refused again to lift his objection. Copies of said
letters are filed herewith as Exhibits C and D, respec-
tively.

‘9, On February 24, 1971, a class action was instituted
in the United States District Court for the Eastern
District of Virginia, Richmond Division, in the name of
Curtis Holt, Sr., alleging primarily that the voting rights
of the plaintiff's class guaranteed by the 15th Amend-
ment had been violated by the Chesterfield annexation.
The ‘aforesaid District Court, on November 23, 1971,
ruled that voting rights guaranteed by- the 15th Amend-
ment had been violated and ordered a new election of
city councilmen with (7) being elected at large by the
former City residents and (2) being elected at large

primarily from the newly annexed area. This election
order was stayed on December 6, 1971, by the United

19

States Court of Appeals for the Fourth Circuit. Plaintiff’s
class and defendant City both appealed the decision to
the United States Court of Appeals for the Fourth
Circuit. That court, after a hearing, held on May 3, 1972,
that valid reasons existed for the annexation and that the
15th Amendment had not been violated and thus
overruled the lower court’s decision. Plaintiff’s class then
applied for a Writ of Certiorari to the Supreme Court of
the United States which was denied by said Court on
June 26, 1972.

10. After the writ was denied the City Attorney, by
letter dated Junly 5, 1972, again asked the United States
Attorney General to reconsider his objection. To date no
answer has been received. Copy of this letter is attached
as Exhibit E,

11. On December 9, 1971, there was instituted in the
United States District Court for the Eastern District of
Virginia another class action in the name of Curtis Holt,
Sr. (Case Number C.A. 695-71-R) alleging inter—atic
that the Plaintiff had not complied with Section 5 of the
Voting Rights Act of 1965, and that, accordingly the
annexation of territory from Chesterfield County was
invalid. A three-judge court was convened pursuant to
§2284, Title 28 U.S.C. The plaintiff Holt in that action
subsequently sought an injunction against the election
officials of the City of Richmond to restrain them from
holding the election for City Council members scheduled
under Virginia law for the first Tuesday in May 1972.
After a hearing, the three-judge District Court refused to
enjoin the election, but upon application to the Chief
Justice of the United States, the Supreme Court stayed
the election until the further order of the Court. Such
order is still in full force and effect and said case is still
pending awaiting hearing on a motion for summary
judgment.

}

a
20

WHEREFORE, Plaintiff prays that a _ three-judge
District Court be convened pursuant to §2284, Title 28
and §1973c, Title 42 of the United States Code to hear
and adjudge that the Plaintiff's annexation does not
violate Section 5 of the Voting Rights Act of 1965, as
amended, in that it “does not have the purpose and will
not have the effect of denying or abridging the right to
vote on account of race or color”, as guaranteed by the
15th Amendment.

CITY OF RICHMOND, VIRGINIA
/s/ Conard B. Mattox, Jr.
Conard B. Mattox, Jr.
City Attorney
Daniel T. Balfour
Assistant City Attorney
Room 300, City Hall
Richmond, Virginia 23219

[Certificate of Service Omitted in Printing]

January 28, 1971

Hon. John Mitchell
Attorney General

Department of Justice
Washington, D. C.

Re: Annexation proceedings in the Commonwealth of
Virginia styled City of Richmond v. Chesterfield County -
Voting Rights Act of 1965

2

21
Dear Mr. Mitchell:

On January 14, 1971, the Supreme Court of the
United States decided the case of Ernest Perking, et al v.
L. S. Matthews, Mayor of the City of Canton, et al, (No.
46, October term, 1970). The Court, in its opinion,
stated that any change in the boundary lines of cities
through annexation comes within the provisions of the
Voting Rights Act df 1965. The Attorney General has the’
responsibility of approving or disapproving any changes
in voting that may be necessary as a result of annexation.
As the City Attorney of the City of Richmond, I am not
advised whether the decision has a retroactive effect upon
annexation cases that have become final prior to the
Supreme Court’s decision.

The Council of the City of Richmond, on December
26, 1961, authorized and directed that a portion of the
County of Chesterfield be annexed in accordance with
the laws of the Commonwealth of Virginia. As directed, a
suit was instituted and became final on April 20, 1970,
when the Supreme Court of the United States denied a
vetition for a writ of certiorari. |

In order for you to be fully advised of the proceedings
had in the case, I am attaching hereto the following
exhibits:

1. Ordinance No. 61-334-288, adopted December 26,
1961, authorizing the annexation proceedings.

2. A copy of the petition filed in the Circuit Court of
the County of Chesterfield on December 27, 1961.

3. Copy of an opinion rendered on July 1, 1969,
delivered from the bench by the presiding judge of the
annexation court.

4. The order of annexation entered on the 12th day of
July, 1959.

22

5. An order denying an application for a stay of the
annexation proceedings issued by the Chief Justice and
two Justices of the Supreme Court of Appeals of
.Virginia, dated December 19, 1969... .

6. A letter dated December 31, 1969, from the Hon.
John F. Davis, Clerk of the Supreme Court of the United
States, indicating that application for a stay to Mr.
Justice Marshall and Mr. Justice Brennan was denied on
December 30, 1969, and that an application to Mr.
Justice Douglas was denied on December 31, 1969.

7. Copy of an order entered on April 30, 1970,
indicating that the Supreme Court of the United States
denied a writ of certiorari.

Would you please advise me whether or not the above
proceedings come within the Voting Rights Act of 1965,
and if so, what steps should be followed in order to
secure your approval.

Respectfully,

C. B. Mattox, Jr.
City Attorney

Exhibit A

23

May 7, 1971

Mr. C. B. Mattox, Jr.

City Attorney

Department of Law

402 City Hall

Richmond, Virginia 23219

Dear Mr. Mattox:

As you know, the Supreme Court recently held in
Perkins v. Mathews, 400 U.S. 379, 388-89 (1971), that
“[c] hanging boundary lines by annexations which en-
large the city’s number of eligible voters . . . constitutes
the change of a ‘standard, practice, or procedure with
respect to voting,’” within the meaning of section 5 of
the Voting Rights Act of 1965, 42 U.S.C. 1973c. This
letter concerns your submission of a 1969 annexation to
the city of Richmond.

Municipal annexations are, of course, commonly
undertaken for a variety of reasons and affect a number
of areas of concern to local governments. Section 5 is not
addressed to annexations per se; but the Attorney
General is obliged under section 5 to be concerned with
the voting changes produced by an annexation. In the
present instance, the city of Richmond elects representa-
tives to its governing body on an at-large basis; its
population is approximately evenly divided between
whites and blacks. The submitted change would increase
the city’s population by approximately 43,000 new
residents of whom a very small minority is Negro. In the
circumstances of Richmond, where representatives are
elected at large, substantially increasing the number of

24

eligible white voters inevitably tends to dilute the voting
strength of black voters. Accordingly, the Attorney
General must interpose an objection to the voting change
which results from the annexation. |

You may, of course, wisi: to consider means of
accomplishing annexation which would avoid producing
an impermissible adverse racial impact on voting, includ-
ing such techniques as single-member districts. See Chavis
v. Whitcomb, 305 F. Supp. 1364 (S.D. Ind. 1969).
Moreover, section 5 permits seeking approval of voting
changes by the United States District Court for the
District of Columbia irrespective of any previous sub-
mission to the Attorney General.

Sincerely,

DAVID L. NORMAN
_ Acting Assistant Attorney General
Civil Rights Division

Exhibit B

25
August 2, 197]

The Honorable John N. Mitchell
Attorney General of the United States
Department of Justice

Constitution Avenue

Washington, D. C. 20530

Dear Mr. Mitchell:

Pursuant to the requirements of Section 5 of the 1965
Voting Rights Act, I wish to re-submit to you on behalf
of the City of Richmond the City’s request for approval
of the election of councilmen for the City at large. This
re-submission and request for approval is predicated upon
certain events that have taken place since Mr. David
Norman’s letter to me dated May 7, 1971, in which the
Justice Department interposed “an objection to the
_ voting change which results from annexation”. A brief
resume of the events that have occurred to date may be

of some assistance to you.
The Council of the City of Richmond, on December
26, 1961, authorized and directed the City Manager and
the City Attorney to institute annexation proceedings to
annex to the City certain territory located in Henrico
County and Chesterfield County. As directed by the
Council, the City Attorney instituted annexation pro-
ceedings against both counties on December 27, 1961.
Due to the fact that annexation in Virginia is a judical
matter, determined by a three judge court, the City
Attorney elected to try the annexation case against
Henrico County first. After months of preparation and
trial, the annexation court, on April 27, 1964, issued its

26

opinion granting to the City approximately 16 square
miles of territory lying within the County in which there
lived approximately 45,310 persons, of which 98 + %
were white. After further agrument by counsel, the court
entered on July 31, 1964, an order implementing its
opinion. The Council, on March 8, 1965, declined the
award of the court for the reason that the cost to the
City in an amount of approximately $42,000,000 was
excessive and that there was substantially. no vacant land
within the area so awarded for future development.
Immediately following the decision of the Council to
decline the, Henrico annexation award the City Attorney
proceeded to try the Chesterfield annexation case. After
a series of hearings involving jurisdictional matters, the
suit was tried on its merits, and the City was successful in
annexing 22.66 square miles of Cheste: field County in
which resided 47,262 persons. The decree of the annexa-
tion court was entered on July 12, 1969, and became
effective at the last moment of December 31, 1969. The
United States Supreme Court, on April 20, 1970,
~ sustained the validity of the proceedings by denying a
petition for a writ of certiorari. Deerbourne Civic &
_Kecreational Association, et al v. City of Richmond, No.
_1237, October Term 1969. The Council proceeded to
carry out the decree of the court and has since that date
-collected taxes from and rendered services in the annexed
area.
. Subsequent to the enactment by the Council of the
annexation ordinances, but prior to the annexation
decree in the Chesterfield case, Congress enacted on
August 6, 1965, the Voting Rights Act of 1965, 42 U.S.
C.-1973(c). At this point, as the chief legal advisor to the
Council, I did not consider this Act to apply to
annexation proceedings. Upon learning of the United

~

27

States Supreme Court’s decision in Perkins vy. Matthews,
400 U. S. 379, decided January 14, 1971, and in
compliance with the Voting Rights Act, | submitted to
your office on January 28, 1971, an application for
approval of the changes occasioned by the annexation of
the territory from Chesterfield.

By letter dated May 7, 1971, I was advised by the
Honorable David L. Norman, Acting Assistant Attorney
General, Civil Rights Division, that the Attorney General
“must interpose an objection to the voting change which
results from the. annexation”. Mr. Norman further
advised as follows:

“You may, of course, wish to consider means of
accomplishing annexation which would avoid pro-
ducing an impermissible adverse racial impact on
voting, including such techniques as single-member
districts. See Chavis vy. Whitcomb, 105 F. Supp.
1364 (S.D.) (Ind. 1969)”.

Subsequent to Mr. ‘Norman’s letter of May 7, the
Supreme Court of the United States, on June 7, 1971, in
Whitcomb y, Chavis, U. S. , 39 L.W. 4666, re-
versed the earlier holding of the United States District
Court for the Southern District of Indiana, relied upon
by Mr. Norman, and permitted multi-member districts,

Since Mr. Norman’s letter to me of May 7, 1971, other
events have transpired, including a decision of the United
States District Court for the Eastern District of Virginia
which bears on the City’s request for your consideration.

Pursuant to the Virginia Constitution, the General
Assembly of Virginia reapportioned the State into dis-
tricts for the purpose of electing State Senators and
Members of the House of Delegates. The Act of the

is 28

Assembly reapportioning the State was submitted to your
office for approval. By letter dated May 7, 1971, ad-
dressed to The Honorable Linwood Holton, Governor of
Virginia, Mr. David L. Norman, of your office, advised
the Governor that the Attorney General interposed an
objection to ‘“(1) house multi-member districts in
Hampton, Newport News, Portsmouth and Richmond”
(emphasis added). Mr. Norman advised the Governor as
he did me that “‘the technique of multi-member districts
cannot be used if it tends to minimize the voting strength.
of racial minorities, Chavis v. Whitcomb, 305 F. Supp.
1364 (S. L. Ind. 1969)’’.

Subsequent to Mr. Norman’s letter of May 7, and the
Supreme Court’s reversal of Chavis on June 7, by
telegram dated June 10, you advised Governor Holton in
part as follows:

“In accordance with your request, we have recon-

sidered our objection to the multi-member aspects

of the plan of reapportionment of the Virginia

House of Delegates. Inasmuch as our objection was

based on the decision of the United States Supreme

Court in Whitcomb v. Chavis, and that decision was

reversed on June 7, 1971 by the Supreme Court, our

objection to the House multi-member district is
hereby withdrawn.”

On July 2, 1971, the District Court for the Eastern
District of Virginia, four judges sitting, rendered its
opinion involving the constitutionality of the reappor-
tionment of the State of Virginia for the election from
districts of members to the House of Delegates and
Senate.

The opinion covered three different cases which were
consolidated for the purpose of trial. These cases were as

29

follows: Howell vy. Mahan, Civil Action No. 105-71-N;
Parris v. Prichard, Civil Action No. 111-71-A; DuVal v.
Prichard, Civil Action No. 174-71-R. The court, in its
opinion noted that “the Thornton plaintiffs object that
black residents of several metropolitan areas are denied
full voting strength by multi-member districts.”

In answering this contention, the Court stated:

“In Whitcomb vy. Chavis, supra, U. S. , 39
L. W. 4666 (June 7, 1971) multi-member districts
are declared not per se unconstitutional. Therefore,
the Assembly’s adoption of the representational
theory which embodies multi-member rather than
single-member districts is accepted. We are not
unaware of the preference for single-member dis-
tricts in ‘large’ areas expressed in Connor v. John-
son, U.S. » 39 L. W. 3535, 3535-3536 (June

3, 1971), but we do not think this decision is
preclusive here.”

The Court found that the reapportionment of the
State insofar as it relates to the City of Richmond would
not be altered. ;

In this respect the Court said:

“33. Thirty-third: Five delegates; existing popula-
tion 249,621 —a deviation of -3.4% (calculated with
reference to the floater district as District Thirty-

five) — consisting of the City of Richmond. This will
not be altered.”

The multi-member district for the City of Richmond,
for the purpose of electing five delegates encompasses the
exact boundaries of the City from which all members of
Council are elected. It does not seem that there should be
an objection to the election of nine councilmen from the

30

same geographical area, and there be no objection to the
election of five members to the House of Delegates from
the same area. For these reasons, we respectfully urge
you to reconsider the City’s request for approval of the
election of councilmen at large as has been the practice
since 1948.

Respectfully submitted,

C. D. Mattox, Jr.
City Attorney

CBM:kh

Exhibit C

Ure pee 0

Mr. CB, Mattox, Jr.

City Attorney

Department of Law

402 City Hall

Richmond, Virginia 23219

Dear Mr. Mattox:

This is in response to your resubmission on August-2, -
1971, of the 1969 annexation to the City of Richmond
; for reconsideration pursuant to Section 5 of the Voting
Rights Act. An objection was interposed to the initial —
submission by my letter of May 7, 1971.

_ We have reviewed and considered the additonal infor-
mation you furnished, as well as the comments and views
expressed by yourself and Mr. Lewis F. Powell, Jr., who
submitted a memorandum in support of the resalenitted
change, and the recent findings announced by Judge
Merhige in pending ‘litigation involving this annexation.
While we found this additional material both relevant and
useful, we find no basis for withdrawing our objection.

Although, as you point out, the intervening decision of
the Supreme Court in Whitcomb v. Chavis, 403 U.S. 124,
did recognize that multi-member legislative | districts are
not unconstitutional per se, we do not believe that
opinion is dispositive of issues raised. by the Richmond
annexation. In our view, considering all the available facts
and circumstances, the annexation of a large, almost
‘exclusively white area does have a discriminatory racial
effect on voting in the context of an emerging black
majority electorate, a at-large council elections, and evi-
dence of racial purpose and effect introduced in a federal
court proceeding. It is therefore objectionable. under
Section 5 of the Voting Rights Act.

32

_ We would like to reiterate our view that the objection
of the Attorney General under the Voting Rights Act
relates only to voting and election aspects of a proposed
change and, therefore, need not necessarily invalidate this
entire annexation. Thus, as we have suggested before, one
means of minimizing the racial effect of the annexation
and still allowing for the city’s growth and expansion
would be to adopt a system of single-member, non-
racially drawn councilnianic districts in place of at-large
voting. Should this or any other change be enacted and
submitted to the Attorney General, we will make every
_ effort to give it prompt consideration.

‘

Sincerely,

/s/DAVID L. NORMAN
i : DAVID L. NORMAN
Assistant Attorney General
Civil Rights Division
Exhibit D

i

July 5, 1972

| The Honorable Richard Kleindienst
Attorney General of the United States
Department of Justice
Constitution Avenue
Washington, D. C. 20530

4

Dear Mr-*Kleindienst: °

_ On August 2, 1971, as counsel for the City of
Richmond, I requested The Honorable John N. Mitchell,
then Attorney General of the United States, to reconsider
an objection interposed on May 7, 1971, by the Justice
Department to the voting change which resulted from the
annexation by the City of Richmond of certain territory
formerly located in Chesterfield County. In response to
my request, The Honorable David L. Norman, Assistant
Attorney General, Civil Rights Division, on September
30, 1971, advised that the Attorney General had re-
viewed the additional information as submitted on
August 2, and had considered the findings announced by
The Honorable Robert R. Merhige, Jr., Judge of the
United States District Court for the Eastern District of
Virginia, in the case styled Curtis Felt, Sr., et al v. City of
Richmond, et al, Civil Action No. 151-71-R.

It is the City’s view that the Holt case should be
considered as it has now become final. The District
Court, on November 23, 1971, released a memorandum
which clearly sets forth the Court’s views that were
considered and argued on appeal. For your convenience a
copy of this memorandum is attached. The City and

34

Plaintiff Holt appealed to the United States Court of
Appeals for the Fourth Circuit. The Distriet-Court had
ordered a special election to be held on January 25,
1972, which in effect would elect nine councilmen, séven
from one ward or district, and two from a second ward or
district. The Fourth Circuit stayed this special election by
order entered on December 8, 1971. The Fourth Circuit
heard the case and rendered its decision on May 3, 1972.
The Court found that there was no violation of the
Fifteenth Amendment and reversed Judge Merhige’s
order. The Plaintiff Holt appealed the decision of the
Fourth Circuit to the United States Supreme Court, —
which denied the Writ of Certiorari on June 26, 1972.

It is apparent that the Voting Rights Act of 1965 isa
codification of the rights guaranteed by the Fifteenth
Amendment as indicated in the title of the Act: “An Act
to enforce the Fifteenth Amendment to the Constitution
of the United States and for other purposes.” The Act
speaks in terms of enforcing the “guarantees of the
Fifteenth Amendment.”

In view of the purposes stated in the Act and in view

of the findings of the Fourth Circuit Court of Appeals,
the denial of the Writ by the Supreme Court, we
respectfully request that the objection interposed by the
Justice Department by letter dated May 7, 1971, be
withdrawn.

Respectfully submitted,
/s/ C. B. Mattox, Jr.

C. B. Mattox, Jr.
City Attorney

‘

First Amendment to Complaint, Filed November 9, 1972
\ [Caption omitted in printing]
PLAINTIFF’S FIRST AMENDMENT TO COMPLAINT

Plaintiff, \City of Richmond, Virginia, hereby makes an
amendment to thé Complaint previously served and filed
herein, as follows:

1, On page 5 of the Complaint, after the sixth line and
Paragraph No. 7, add the following paragraph:

““7.a. Plaintiff desires and intends to hold an

election at \large as has historically been done,

allowing the citizens of Plaintiff’s total area to vote.

Insofar as Plaintiff's annexation may constitute a

voting qualification or Prerequisite to voting, or

effect a standard, practice, or procedure with
respect to voting within the meaning of the Voting

Rights Act of 1965, such qualification, prerequisite,

standard, practice, or procedure does not have the

purpose and wilt not have the effect of denying or
abridging the right to vote on account of race or
color.” '

[Signatures and certificate of service omitted in printing]

Answer of United States, with Exhibit
[Caption omitted in printing] \
ANSWER OF DEFENDENTS

For their answer to the Complaint filed herein, the
defendants, United =a of America and Attorney

36

General Richard Kleindienst, state:

1. Defendants admit the allegations contained in
paragraphs 1, 2, 6, 7, and 9 and of the Complaint.

2. Defendants admit the allegations contained in
paragraph 3 of the Complaint except that they can only
admit that the population statistics alleged are approxi-
mately correct.

3. Defendents admit the allegations contained in
paragraph 4 except that the allegation contained in the
second sentence is denied for lack of sufficient informa-
tion to form a belief as to the truth thereof.

4. Defendants admit the allegations contained in
paragraph 5 of the Complaint except that, for lack of
sufficient information to form a belief, they deny that
portion of the last sentence alleging the reason for the
dismissal of the Henrico annexation suit.

5. Defendants admit. the allegations contained in
paragraph 8 of the Complaint except the allegation that
the Attorney General, in his letter of objection dated
May 7, 1971, relied on Chavis v. anced bet F, Supp.
1364, is denied.

6. Defendants admit the allegations contained in
paragraph 10 of the Complaint: Defendants aver further
that after the Complaint was filed in this case a response
was sent tc the City Attorney advising that in view of the
pendency of this lawsuit reconsideration of the Attorney
General’s objection had been discontinued. Copy of letter
attached as Exhibit A. |

7. The allegations contained in paragraph 11 are
admitted. The defendants avér further that a hearing was
held in the lawsuit there described on October 25, 1972.

~

37

By way of affirmative defense defendants allege that
the plaintiff has failed to state a claim upon which relief
may be granted in that the Complaint fails to allege that
the voting change involved “does not have the purpose
and will not have the effect of denying or abridging the
right to vote on account of race or color” as required by
the Voting Rights Act, 42 U.S.C. 1973c.

Having fully answered the allegations in the Complaint,
the defendants demand a judgment of dismissal or other
such relief as the Court deems appropriate.

x /s/ GERALD W. JONES
GERALD W. JONES
ROBERT R. RUSH

Attorneys

Department of Justice

Washington, D.C. 20530

38
EXHIBIT A

(Certificate of service omitted in printing]

Mr. C. B. Mattox, Jr.

City Attorney

City of Richmond
Department of Law
Richmond, Virginia 23219

Dear Mr. Mattox:

This is in response to your July 5, 1972 letter to the
Attorney General asking for reconsideration of our May
7, 1971 objection to the voting change which resulted
from the annexation by the City of Richmond of
territory formerly located in Chesterfield County.

As you know, a lawsuit seeking a declaratory judgment .
under Section 5 of the Voting Rights Act was filed in the
United States District Court for the District of Columbia
by the City of Richmond on August 25, 1972. In view of
that development we discontinued or reconsideration
since the matter is now pending before the court.

’ Sincerely,

DAVID L. NORMAN
Assistant Attorney General
Civil Rights Division

39

Answer of United States to Amendment to Complaint

[Caption omitted in printing]

DEFENDANTS’ ANSWER TO PLAINTIFF’S
AMENDMENT TO COMPLAINT

The defendants, United States of America and Attor-
ney General Richard G. Kleindienst, for their Answer to
the Amendment to the Complaint, which adds paragraph
7.a., state:

Defendants admit the allegations contained in the first
sentence of paragraph 7.a. except for that part of the
sentence which alleges elections have been held histori-
cally at-large, which the defendants deny. .,

Defendants deny the second sentence of paragraph ta,
Further, defendants aver that the annexation does consti-
tute a voting qualification or prerequisite to voting or a
standard, practice or procedure with respect to voting
within the meaning of the Voting Rights Act of 1965.

_- /s/GERALD W. JONES
GERALD W. JONES
ROBERT R. RUSH

Attorneys
Department of Justice
Washington, D. C. 20530

[Certificate of service omitted in printing]

40

Opinion of Special Three-Judge Annexation
Court, sitting in the Circuit Court of Chester-
field County, dated July 1, 1969, in City of
Richmond v. County of Chesterfield, et al.

VIRGINIA:
IN THE CIRCUIT COURT OF CHESTERFIELD COUNTY
City of Richmond, Petitioner
v.
County of Chesterfield et al, Defendants

OPINION

Until June 21, 1969, when the County offered to
introduce evidence of an agreement entered into by the
Mayor of Richmond (with the approval of six of the nine
members of the City Council) and the Chairman of the
Board of Supervisors (with the approval of three others
of the six members of the Board of Supervisors of the
County), the hearing of this suit followed the usual
pattern of big city annexation proceedings.

The City’s petition was filed July 2, 1962, and for
various reasons, including an appeal from an order of
dismissal (208 Va.“278), trial on the merits was not
commenced until September, 1968 and was not con-
cluded until the final argument on June 26, 1969.

The City sought to annex an area containing some 51
square miles which in 1968 was estimated to contain
about 72,000 people of a total County population of
about 110,000. The school population figures were even

41

more striking: Total Gounty 30,000; Annexation Area
20,000. .

Richmond has had no annexation on the South side of
the James River since 1942, and, as is the case of almost
all large cities, there has been a substantial growth of
urban residential population in the area adjoining the
City’s boundaries. As usual, this growth has been to some
extent at the cost of city population, because of the
lower cost of residential properties as well as the lower
taxes in the County. In’ fact, the growth in the annex-
ation area, especially during the six year period from
1962 to 1968 was described by some of the witnesses as
“phenomenal”. Our views (we took several, including an
extensive helicopter ride), together with the evidence
adduced leave no doubt in our minds that the entire
annexation area is rapidly becoming a densely populated
urban community. Of course, the closer to Richmond the
more the land has already been developed for residences
and the usual businesses. It must be Observed that the
land in the entire annexation area is characteristically
urban rather than rural. ,

Chesterfield County has developed an excellent
modern government which satisfactorily supplies its
citizens with all needed services, such as sewage disposal,
public water, police Protection, etc., and operates at a
cost which results in taxes considerably lower than those
of the City. Small wonder that the residents of the
annexation area are happy in their present status and
Oppose City annexation with its attendant increase in
taxes.

At the outset, as usual in these cases, the County took
three positions: First, that the City is not entitled to any
annexation; second, if there is to be any annexation the

42

area should be smaller than that sought; and third, that
the City’s estimate of compensation to the County is
wholly inadequate. In fact there was a disparity of almost
$50,000,000 between the two.

E. I. Du Pont de Nemours & Company intervened ie
oppose annexation of its property.

Some 12,000 individuals and eleven civic organizations
filed intervening petitions. The substance of their posi-
tions was that there should be no annexation of any
territory.

The Bon Air Transit Company intervened (under the
provision of Code Sec. 15.1-1042 (g) for the purpose of
advancing a claim for compensation for loss anticipated
as a result of the annexation.

The Chesterfield Refuse Company intervened for the
purpose of advancing a claim for compensation for
pecuniary loss anticipated as the result of the annexation.

Newton Ancarrow intervened for the purpose of
opposing the City’s undertaking of additional sewage
treatment at its Deepwater Plant.

It seems to us that it is copiously apparent that
Richmond is entitled to some annexation in this case. To
deny this is to say that the City can never grow into
Chesterfield County:-Obviously cities must in some
manner be permitted to grow in territory and population
or they will face disastrous economic and social
problems. The exodus of productive citizens and the
influx of the economically underprivileged create an
intolerable condition that must have some means of
amelioration.

The City is fully capable, both managerially and
financially, of: supplying some additional territory with
sound city government. The evidence overwhelmingly
convinces us of the necessity for an expediency of some
annexation:

43

“, . Considering the best interests of the County

and the City *** |. the best interests, services to

be rendered and needs of the area proposed to be
annexed, and the best interests of the remaining
portion of the County.” (Underscoring supplied)

(Code Sec. 15.1-1041(b).

The individuals who live in the annexed area, for the
time being, will probably not receive any higher degree of
service than supplied by the County. The contention that
they do not need the’ City was answered in Henrico
County v. Richmond, 177 Va. 754, 788, 15 S.E. (2d)
309:

“Moreover, it is no answer to an annexation
Proceeding to assert that individual residents of the
county do not need or desire the governmental
services rendered by the city. A county resident may
be willing to take a chance on police, fire and health
protection, and even tolerate the inadequacy of
sewerage, water and garbage service. As long as he:
lives in an isolated situation his desire for lesser
services and cheaper government may be acquiesced
in with complacency, but when the movement of
population has made him a part of a compact urban
community, his individual preferences can no longer
be permitted to prevail. /t is not so much that he
needs the city government as it is that the area in
which he lives needs it.” (underscoring supplied)

People who establish their residences near a large city
must anticipate that eventually they will become a Part ___
of that municipality.

Although there is no Precise definition of the term
“expediency,” the best we have been able to find is that
Pronounced in substance in Norfolk County v. Ports-

44

mouth, 186 Va. 1032, 1043, 1044, 45 SE (2d) 136.
Expedient means “advantageous” and in furtherance of -
the policy of the State that “urban areas should be under
urban government and rural areas under county govern-
ment”. |

The County’s witnesses divided the annexation area
into forty-three study areas for the obvious purpose of
persuading the Court that the entire area sought should
not be granted, but the Court should award some
combination of such study areas which would constitute
a considerable expansion of the City’s boundaries and at
the same time lessen the violence of the impact of
annexation upon the County’s school and public utility
systems as well as all of its governmental agencies. |

We are aware of no big city case in which the
annexation Court has granted the total area sought or the
exact amount of compensations- contended for by either
party, and both the City and County may have antici-
pated that the Court might establish some boundary
within the area sought which it considered to be
reasonably adapted to “balance-the equities’, giving to
the City enough territory for its needs in the reasonably
near future and at the same time permitting the County >
to retain its present enviable status as a flourishing,
capable, viable government. te

Not only have the Annexation Courts compromised as
to the boundary lines but even more so as to the
compensation by the City to the County. It is exceed-
ingly difficult to arrive at the values of public properties.
Different experts have widely divergent views on the
gibject ev-n under the yardsticks prescribed by Code Sec.
15.1-1043. The City’s experts are always much more
conservative than the County’s. But the widest differ-
ences of all are usually to be found in the expert’s

‘45

estimates of .....“‘prospective loss of net tax revenue
during the next five years”... .. This is certainly true in
the instant case. . |

In the present case, until the evidence of the so-called

agreement was offered, the Court was faced with the
problem of determining the annexation line and fixing ,
the amount of compensation. If the 5] square mile
territory were granted: the Court would have to decide as.
to whose experts were more conviricing as to the
County’s compensation.’ If the Court awarded too little |
the people remaining in the County would suffer: if too
much, the County people would be enriched at the
expense of the City people. The Court must “balance the
equities”. If the City felt that the Court had not
“balanced the equities”, it might, with the consent of the .
Court, decline to accept the annexation. Code Sec.
15.1-1044, es
_ Decisions such as this point up the fact that an
annexation Court exercises not only judicial, but also
some legislative functions. This was frankly conceded by
the majority opinion in Henrico County v. City of
Richmond, 106 Va. 282,-55. SE 683. '

These things must have been on the minds of the chief
executives of the two governments when they decided to
negotiate in the attempt to arrive at an agreement as to
what they considered to be to the best interests of their
respective constituents. ;

The two governing bodies had. experienced a growing
lack of cooperation which almost amounted to animosity
as the too-long confrontation of this case progressed. The
City’s failure to supply the needs of the growing area for

' water and sewer prompted the County to create excellent

facilities to supply such needs, which facilities in the eyes”

/
/

‘

i

46

of the County would be seriously impaired as to
efficiency and value if the City’s ae of annexation were
adopted.

Mr. Horner, the ‘Chairman of the Board of Bsa
of the County, testified that one of the desires which
: prompted the agreement was to promote a better spirit of
cooperation and friendliness between the City and the
County. We think that this attitude is both praiseworthy
and practical. ;

So far as we can ascertain, a comprothise between two
governing bodies in an annexation case is unprecedented.
While the City objected to the admission of evidence of
the agreement ‘and moved to strike it at the time of its
presentation, the objection and motion. were later with-
drawn. Both sides admit that the nearest is not
‘binding upon the Court. .

After mature consideration, we feel, that the agreement
is entitled to great weight. It must be remembered that
the parties to the agreement perform the legislative
functions of their governments as duly elected represent-
atives of the people. When they decide that their
constituents are benefitted by an action, such a decision
should not be treated lightly. Of course, it must not be
overlooked that they have not acted officially by

-. ordinance or resolution.

This, of course, does not mean that this Court should
abdicate its responsibility to decide this case on the
merits, but it does mean that in, our deliberations we
must seriously consider the evidence of what these
officials have conscientiously agreed upon after what was
described in the arguments as hours of tedious negoti-
ation and “blood, sweat and tears”.

While the original agreement specified the annexation

47

line with reasonable precision and set forth the axact
amount of compensation to be paid the County, it was
seriously lacking in detailed solutions of the school and
utility problems. It was apparent that, unless the County
and City could agree upon some method of temporary
continuation of the County’s plans for the education of
the children in the annexed area, a serious disruption
would occur.

The two parties after consultation with their school
officials and engineers solved these problems by an
implementing agreement, dated June 25, 1969, marked
County Exhibit No. 108.

We have studied the finalized agreement and have
viewed the proposed boundary line, and find that it
meets all requirements of necessity and, most important
of all, expediency. The acquisition of the some 23 square
miles of territory and some 43,000 people will solve
many of the City’s problems, both now and for some
time to come. The impact upon the remainder of the
County will not be such as drastically to impair its
functionins as a modern governmental agency. The
compensation appears adequate and not excessive. The
conditions under which the schools will be operated and
the school building program continued would appear to
be designed to prevent the disruption of the children’s
education which originally caused us deep concern. The
agreement as to the operation of utilities seems practical.

In sum, we believe that the boundary line set forth in
the agreement should be the annexation line and that all
terms and conditions specified should constitute the
conditions of annexation verbatim, and we so adjudge
and decide. %

Lene reer
48

It must be remembered that this Court remains in
existence for five years-to “enforce the performance of
the terms and conditions under which annexation was
granted”..... Code Sec. 15.1-1047.

We are of opinion that this Court is without jurisdic-
tion to make an award of compensation for loss of
business by Chesterfield Refuse Company.

It is our opinion that the effective date of the

annexation order should be midnight, December 31,
1969.

Exhibits from Holt v. City of Richmond, 334
F, Supp. 228 (E.D.Va. 1971)

A.“Off the Record Conference in Chambers” —
Originally Defendant’s Exhibit 16 — Annexa-

tion Transcript, pp. 3234-3, 10, 11, 19, 20, 23,
25.

[3234]:

[3] As far as I am concerned, agreement has been
reached. We are seeking the advice of this Court on the
proper mechanics of concluding the agreement.

JUDGE ABBOTT: Can I ask a few questions?

MR. THORNTON: Yes, sir. This is my statement and
I make it here. These gentlemen may have a lot of
questions about mechanics.

JUDGE ABBOTT: Well, first, I would like to say that
we are pleased that you have gotten together and settled
your differences. I think it might in the end create good

49

will and harmony between the people but I think
mechanics is a question to consider.

Now, you say you gentlemen have agreed. Does that
. mean the Board of Supervisors themselves will have to
take formal action on it? Does that mean the City
Council will have to take formal action on it? And what
- are we going to do about protestors?

~MR. THORNTON: If your Honors please, of course,
this is something that has to be considered as we continue
to see if we can resolve our difference
te woe. |

[10] The chances are we are going\ to approve it but
sometimes things come up that you\ can’t approve. |
have been in several annexation cases | which counsel
have agreed that it wasn’t practical, you had to change
it a little bit; it didn’t affect the outcdme of the case
any but it made things more practical or'\equitable.

Just listening to what you have said this morning, it
would be my suggestion that we just proteed with the
case and then when the evidence is in, let us hear the
Protestors and then you can tell us what your agreement
is and we can make our decision accordingly, and in that
way the Intervenors won’t feel like they have been kicked
around or left out. :

There would be no need for the City Council to have a
meeting, it wouldn’t be necessary for the Board of
Supervisors to have a meeting. That would be \a decision
for the Court.

The only thing about it is that either side cou d appeal,
which would be perfectly all right; I suppose they could
do it anyway, I don’t know,

MR. MAYS: It would certainly be our suggestion,
your Honor, to go forward with the [11] case because,

50

in the first place, it would look pretty odd to recess for
three days and then get the Intervenors in on Thursday.
That would really be odd.

JUDGE ABBOTT: Let us go ahead with the case and
while we are hearing the Intervenors let the City and the
County present to the Court in writing which we will
hold here; confidentially in the office when you have a
proposition that you all have agreed upon, and then when
we consider the case we will have it in mind.

MR. THORNTON: I will do that right now.

MR. MAYS: No, sir; no, sir. I hope you will not make
that observation. Now, it is not necessary. You have three
days of trial and you have two days of Intervenors’
testimony, and I see no reason why we should make a
record of the discussion that have gone on.

It is the City Attorney’s position that we don’t have a
deal at all. Now, he may or may not be right. We will see
what he says. I have not been in negotiations, I have seen
nothing.

MR. THORNTON: Let me speak to this,... [19]
where the press and the radio can get it. When you
write it, just hand it to me instead of laying it on the
desk and I will give it to you gentlemen later on. I just

don’t want the press getting ahold of what we have
been talking about in here because the whole thing will
- just — it would be wrong.

MR. MAYS: Yes, sir. That’s the reason I suggest, sir,
that if this is attempted to be put in as evidence we will
certainly object to the whole thing being opened up and
we think we would be in for a great controversy.

JUDGE ABBOTT: I don’t think we ought to put this
in evidence but just proceed with the trial as if you
hadn’t been in here.

51

MR. MAYS: Yes, sir.

JUDGE ABBOTT: Then when the evidence is all in
you can submit to us what your agreement is.

MR. MAYS: All right, sir.

MR. THORNTON: Your Honor — excuse me, your
Honor.

JUDGE MARSHALL: That’s all right, I want to hear
everybody before I voice my opinion.

MR. THORNTON: If your Honor please, [20] this
would all be well and good had we not — as you say,
proceed as if nothing had happened. Well, something
did happen and something of very great significance, as
far as we are concerned.

The Court is worrying about the Intervenors. | say to
the Court, frankly, if we have got to go apace on the
evidence which was planned and the people who are
going to take the stand, people that have to take the
stand, as far as the whole case of Chesterfield County is
« concerned, we are not going to finish by the day the
Intervenors are scheduled to-come up.

JUDGE ABBOTT: Well, we will just have to take it in
stride.

MR. THORNTON: All right, sir.

JUDGE ABBOTT: I might Suggest that if you have
entered into an agreement that the City need not cross
examine so extensively as you have.

~ MR. MAYS: We hadn’t planned to, your Honors.
JUDGE ABBOTT: And that would certainly save
some time.
‘MR. THORNTON: If your Honor please, you stress
the fact, and Mr. Davenport backed me Os
* * * :
[23] MR. MATTOX: Yes, sir, but no one is going to
submit to you, Judge Abbott, or to this Court, no one

52

on behalf of the City of Richmond, no one can
represent to this Court that it is an agreement nor
neither can anyone submit that to‘ the Court without
the action of the City Council. ;

JUDGE ABBOTT: Oh, I see the pojnt you are making
now.

MR. MATTOX: We can’t do it and we wouldn’t do it.

' JUDGE ABBOTT: There has been talk of a settlement ~
that Council have agreed on that the City hasn’t agreed to
it formally or officially.

MR. MATTOX:) Yes, sir.

JUDGE ABBOTT: I see the point you are making.

JUDGE WHITLEY: I have got a question here. Sup-
pose you come in and say this is what legal counsel have
agreed ons ther ‘wel don’t have the benefit of argument as
we have in an advérsary proceeding; we are not going to
be exercising our discretion, we are going to be taking
your decision. And without fully arguing the case, we
won't have the facts and thie figures to really decide it on.

‘ * * *

[25] Board or the Council?

MR. THORNTON: Yes, sir.

JUDGE MARSHALL: I would like to say, gentlemen,
that would hold great weight with me in my decision if it
was shown openly that the Mayor and six members of the
Council had agreed and that the Board of Supervisors had
agreed.

I would hesitate to overrule their agreement.

JUDGE ABBOTT: I think all of us would.

MR. THORNTON: Yes, sir. And, if your Honor
please —

JUDGE MARSHALL: It might be that I would but I
would give it great weight. However, I would want it

53

made publicly; I would want it made in open court. .
MR. THORNTON: Precisely what I intend to do.
JUDGE MARSHALL: And I had contemplated that

would be done at the time that was set for argument after
all the evidence had been introduced. I haven’t had cause
to think about the effect on the intervenors or what their
attitude would be, whether or not they would be entitled
to additional ...

* * &*

B. Defendant’s Exhibit 29[A], pages 4579, 4580,
4585, 4586

[4579] JUDGE WHITLEY: In other words, the area
that is within the Horner-Bagley line contains a large
part of what is known as Bon Air area and some of

that is left out?

* THE WITNESS: The old Bon Air is left in the County,
which used to be a resort place for rich people in
Richmond years ago. That is left in the proposed, in the
County on the proposed line, but Southampton, Oxford
Addition, Huguenot Farms, Traylor Estates, all of that is
Bon Air, too.

JUDGE ABBOTT: Explain to the Court, it may be the
other two members of the Court understand it but I
don’t, what is going to happen to the water services and
the sewer services within the Horner-Bagley linc? Who is
going to operate the water, who is going to operate the
sewerage or take care of the sewerage? Have you worked
out those details?

THE WITNESS: Yes, sir. They have been worked out
and in the spirit of cooperation and mutually.

54

.

As to water, each can handle their own with no
problem. It may be in the transition we would [4580]
have to sell the City a little water until they could get
lines reorganized, and perhaps the City would want to
continue to sell us a little water. in certain places.

In our sewer, that’s a situation where they propose to
ultimately let the City serve the natural drainage areas of
sewers that would come from ‘the County, and the
County would serve the City where their sewage would
drain into trunks that would lead to the Falling Creek
disposal plant.

‘JUDGE ABBOTT: You all agreed on that?

- THE WITNESS: Yes, sir.

JUDGE ABBOTT: Now, about school children? Have
you agreed about educating these children within this line
that you have agreed on? And those who live outside the
line?

THE WITNESS: Yes, sir.

JUDGE ABBOTT: About going back and forth to
school?

According to the evidence here, the school children are
the ones that it seems like are going to suffer most right
here.

THE WITNESS: Sir, we have talked about that at
length, in fact, spent a good part of .. .

a * *

[4585] Now, this property is not developed on
either side of this road at the present time except for
‘some large homes with large acreages.

JUDGE ABBOTT: And you and the City have agreed
on the water and sewerage operations after this takes
effect, if it does take effect?

THE WITNESS: Yes, sir. We have.

55

JUDGE ‘ABBOTT: All right. Suppose you can’t agree?

THE WITNESS: As I understand the proposition that
will be submitted at a later time, it will include a
paragraph that it is agreeable to both parties that the
rates will be submitted for arbitration.

JUDGE ABBOTT: All right. Now, on this debt the
City is to pay —

MR. THORNTON: It’s not the total on that sheet. It’s
three million more on that sheet.

JUDGE ABBOTT: The City is to pay so much in cash.

Now, have you all agreed on the City assuming bond
payments? Some of these bonds are revenue bonds for
sewer and water and in that case the County is not liable
for the bonds at all, the revenue takes [4586] care of
it. How are you going to work that out?

THE WITNESS: The sewer bonds, sir, are general
obligation bonds.

JUDGE ABBOTT: They are?

THE WITNESS: Yes, sir.

By Judge Abbott:

Q. But the water isn’t.

A. Water is not; that’s revenue bonds. And it is
Proposed that according to the per cent that they worked
out — it has been worked out — of the debt that each
time the payment came up that they would pay their
pro-rata part of the principal and interest at the time
Payment was due, which would have been each year or
each time a payment was due that this per cent of the
debt that is worked out they will pay the pro-rata part of
the debt that was due at that time.

56

Q. I guess that’s the only way you could work it out.

A. Yes, sir. .

Q. But you and the City are in full agreement on all
these details? :

A. Yes, sir, to the best of my knowledge we are in full
agreement.
Would it be that the Court — you see,...

* * *

C. Plaintiff's Exhibit 1, pp: 1, 2, 3, 4 — Racial

Population Maps for 1940, 1950, 1960 and
1971.

58

Plaintiff's Exhibit 2 — Census Tabulations for
1930 through 1970, with Intercensus Estimates.

Population of the City of Richmond, Virginia, 1930-1970

Total White % Nonwhite %

1930 Census 182,929 129,871 71% 53,058 29%

1940 Census 193,042 131,706 68% 61,336 32%
1942 Annexation

1950 Census 230,310 157,228 68% 73,082 32%
1954 240,492 162,145 67% 78,347 33%
1955 238,707 152,520 64% 86,187 36%
1956 240,744 152,181 63% 88,563, 37%
1957 237,219 146,643 62% 90,756 38%
1958 238,303 145,643 61% 92,511 39%

1960 Census 219,958 127,627 58% 92,331 42%

{7

1961 220,188 125,208 57% 94,980 43%
1962 220,555 123,132 56% 97,423 44%
1963 221,150 122,075 55% 99,075 45%
1964 219,205 119,028 .54% 100,177 46%
1965 219,065 118,952 54% 100,113 46%
1966 217,671 113,333 52% 104,338 48%
1967 216,456 111,112 51% 105,344 49%
1968 216,451 108,398 50% 108,053 50%
1969 oa See RS n.a.

1970 Census 249,621 143,857 58% 105,764 42%

1970 Without
Annexation 46,262 45,707 988 555 1.2%

203,359 98;150 48% 105,209 52%

Note: Annexation by Richmond from Chesterfield‘and Henrico in

1941.

Annexation by Richmond from Chesterfield in 1970.

n.a. Not Available.

Source: U.S. Bureau of Census; intercensal estimates prepared by
the Bureau of Population & Economic Résearch, Univer-
sity of Virginia.

62

Plaintiffs Exhibit 3, a through n — Councilmanic
Election Returns for City of Richmond, 1960-1970.

3-A

COUNCILMANIC ELECTION — June 14, 1960

:

Candidate .

- Sheppard
Woodward
Sadler
Rudd
Johns
Ford
Throckmorton
Garber
Smithers

Endorsement Race

RCA & Crusade White
RCA & Crusade White
RCA & Crusade White
RCA & Crusade White
RCA & Crusade White
RCA & Crusade White
Ind. & Crusade White
Ind. & Crusade White
RCA & Crusade White

Vote %

14,879 53.1
14,096 50.7
13,435 48.2
12,611 45.4
11,389 409
10,988 39.5
10,707 38.5
10,674 38.3
10,574 38.0

WOON nDAUN EWN

TOTAL VOTE 27,823

at

Bagley
Heberle

Macon
Herrink
Proctor
Allen
Carwile
O’ Ferrall
Williams
Jenkins
Thomas
Anthony
Brock

Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.

White
White
White
White
White
White
White
White
White
White
White
White
White

10,550
10,196
10,105
9,111
9,001
8,909
8,752
8,510
8,325
2,113
1,910
1,401
1,256

37.9
36.7
36.4
32.7
32.4
32.0
31.5
30.6
29.9

7.6

6.9

5.0
13.7

———

63 .
3-B

COUNCILMANIC ELECTION — June 12, 1962

Rank Candidate Endorsement Race Vote %
1 Haberle Crusade White 11,348 50.9
2 Sheppard Crusade & RCA White 11,184 50.0
3 Woodward Crusade & RCA White 10,353 46.4
4 Throckmorton Independ. - White 10,201 45.8
5 Bagley RCA White 9,772 43.8
6 Smithers Crusade & RCA White 9,493 425
7 Ford Crusade & RCA White 9,295 41.6
8 — Herrink Crusade White 9,200 41.3
9 Sadler Crusade & RCA White 8,960 40.3
10 Johns Crusade & RCA White 8,639 38.8
11 Newsome Crusade Black 7,903 35.5
12 DeBerry RCA White 7,598 34.1
13 Rudd RCA ; White 7,463 33.5
14 Covey Independ. White 6,779 30.4
15 Carwile _ Independ. White 6,240 28.0"
16 Sullivan Independ. White 6,113 27.4
17 Elgert Independ. White 5,833 26.2
18 Gray Independ. White 1677 75
19 Smith Independ. (?) lan 6S7
20 Jenkins Independ. White 1,184 5.3
21 Brock Independ. White 1117 50
22 McGehee Independ. White 1,004 4.5
23 Poupore Independ. White 893 4.0
24 = O’Brien Independ. White 861 3.9
25 Howard Independ. White 656 2.9

TOTAL VOTE 22,337

ODOINIHDUNPWN F

64
3-C

COUNCILMANIC ELECTION — June 10, 1964

Candidate
Sheppard
Cephas
Wheat
Anderson
Miller
Crowe
Bagley
Throckmorton
Habenicht

Hill
Heverle
Louthan
Wilson
Smithers
Garber
Herrink
Carwile
Covey —
Eggleston
Charity
McGehee

TOTAL VOTE 30,928

Endorsement

RF
Crusade

_ RF

Independ.
RF
RF
Independ.
Independ.
RF

RF

Independ.
RF

RF

Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.

Race

White
Black
White
White
White
White
White
White
White

White
White
White
White
White
White
White!
White
White |
Black
Black
White

Vote

18,042
16,512
15,965
15,135
13,886
13,846
13,333
12,860
12,780

12,211
12,186
11,887
11,747
11,574
10,474
8,634
8,228
6,983
6,396
6,121
1,603

%

58.3
53.4
$1.6
48.9
44.9
44.8
43.1
41.6
41.4

39.5
39.4
38.5
38.0
37.5
33.9
27.9
26.6
22.6
20.7
19.8

5.2

65

3-D
COUNCILMANIC ELECTION — June 14, 1966

Rank Candidate Endorsement Race — Vote %
1 Bagley RF & Crusade White. 23,997 66.2
2 Cephas | RF & Crusade Black 22,957 63.3
3 Sheppard RF ; White 19,763 54.5
4 Crowe RF White 19,102 52.7
5 Mundle | RF & Crusade _ Black 18,286 50.4
6 Marsh (H) Crusade Black 17,812 49.)
7 Wheat RF White 17,803 49.1
8 — Habenicht RF White 17,066 47.1
9 Carwile Crusade White . 16,356 45.1
10 — Miller RF White 15,862 43.8
11 Marsh (R) RF White 15,388 42.5
12, Thruckinorton Independ. White 14,876 41.0
13 Covey Independ. White 13,359 36.9
14 House Crusade | White 13,269 36.6
IS Rott Independ. White 7,916 218
16 Eradley Independ. White 7,663 21.1

TOTAL V

OTE 36,248 (100%)

Rank Candidate -

Cephas
Bagley
H.L. Marsh
Carwile
Mundle
Sheppard
Crowe
House
Covey

OO ADMN Sh WNDN =

10 Throckmorton

11, Wheat =:
12° ~Habenicht
13 Miller

14 R.T. Marsh
15 Bradley

16 Holt

TOTAL VOTE 4,604

Endorsement

RF & Crusade
RF & Crusade
Crusade

‘Crusade

RF & Crusade
RF

RF

Crusade
Independ.

Independ.
RF

RF

RF .

RF
Independ.
Independ.

COUNCILMANIC ELECTION — June 14, 1966

Race

Black
White
Black
White
Black
White
White
White
White

White
White
White
White
White
White
White

Vote

3,057
3,041
2,808
2,760
2,493
2,203
2,130
2,078
2,075

2,016
1,848
1,776
1,622
1,578
1,175
1,145

Split Precincts — Precincts 17, 23, 25, 45, 54, 56, 58 and 68

%

66.4
66.0
61.1
59.9
54.1
47.8
46.3
45.2
45.1

43.8
40.1
38.6
36.3
34.3.
25.5
24.3

saEenehs
An sf Wb So OOIAIHDAMNRWDH »

Rank Candidate

H.L. Marsh
Cephas
Mundle
Carwile
Bagley
Sheppard
House
Covey
Crowe

Wheat
Habenicht
Miller
R.T. Marsh
Throckmorton
Bradley

Holt

67
3-F

Endorsement

Crusade

RF & Crusade
RF & Crusade
Crusade

RF & Crusade
RF

Crusade
Independ.

RF

RF
RF
RF
RF
Independ.
Independ.
Independ.

TOTAL VOTE 13,515 (100%)

Black Precincts Exclusive of Split Precincts*

Precincts 1, 3, 4, 5, 6, 7, 8,9, 18, 19, 24, 46, 47, 55, 62, 63, 64, 65,
66, and 67

Race

Black
Black
Black
White
White
White
White
White
White

White
White
White
White
White
White
White

COUNCILMANIC ELECTION — June 14, 1966

Vote
11,270

10,432
9,329

. 8,454

7,316
5,691
4,589
4,545
4,485

3,581
3,088
3,003
2,929
2,467
1,426
1,170

*Does not include split precincts 17, 23, 25, 45, 54, 56, 57, 58
and 68

%

83.4
77.2
69.0
62.5
54.1
42.1
33.9
33.6
33.2

26.4
22.8
22.2
21.7
18.3
10.4

8.6

68
3-G
COUNCILMANIC ELECTION — June 10, 1968

~

Rank Candidate Endorsement Race Vote %

Carwile Crusade White 25,361 56.6 —
Bagley RF White 24,604 549 ~
Bliley RF White 23,552 52.6 -
Crowe RF White 22,631 505 _
Carpenter Crusade White 22,091 49.3

Marsh (H) Crusade Black 22,014 49.2

COONAN AWHD =

Forb RF White 21,960 49.0

Wheat RF White 21,437 47.9

Pusey RF White 20,556 45.9
10 Cephas RF Black 19,675 43.9
11 Mundle RF Black 18,845 42.1
12 Randolph, B. Independ. White 18,749 41.9
13 . Kenney Crusade Black 16,372 36.6
14 Randolph,M. — Crusade Black 15,282 34.1
15 Edwards Independ. White 6,190 .13.8
16 Bradley * Black 4448 9.9

TOTAL VOTE 44,787 (100%)

*withdrew prior to election

444

Precincts — 3, 8,11, 12, 17, 23,25

68

E

SCSOINDWNA WHY

69
3-H

COUNCILMANIC ELECTION — June 10, 1968

Candidate
Carwile
Carpenter
Marsh
Bagley
Bliley

_ Kenney

Crowe
Forb
Randolph, M.

Edwards
Bradley

TOTAL VOTE 9,402

~

Split Precincts

Endorsement

Crusade
Independ.
Crusade
RF

RF
Crusade
RF

RF
Crusade

RF
RF
Independ.
RF
RF
Independ.
Independ.

Race
White
White
Black
White
White
Black
White
White
Black

White

White
White
Black
Black

_ White
‘White

Vote

6,203
5,411
5,208
4,485
4,334
4,069
3,985
3,820
3,753

3,642
3,610
3,561
3,476
3,285
1,583
1,122

» 29, 34, 45, 52, 54, 56, 57, 58,

%

66.0
57.5
55.4
47.7
46.0
43.3
42.2
40.6
39.9

38.7
38.4
37.9
37.0
34.9
16.8
11.9

*

70
3-1
COUNCILMANIC ELECTION — June-10, 1968!

Black Precincts Exclusive of Split Precincts*

|

Precincts 1, 4, 5, 6, 7,9, 18, ene Se S. Oh. H. O8

and 67
Rank Candidate Endorsement Race
1 Marsh Crusade Black
2 Carwile - Crusade White
3 Carpenter Independ. White
4 . Kenney Crusade Black
5 Randolph,M. Crusade Black |
6 Cephas RF Black °
7 Mundie RF Black
8 Bagley RF White
9 Crowe RF White
10 Bliley RF White
11 Bradley Independ. Black
12 Forb RF White
“13 Wheat RF White
14 Pusey RF White
15 Randolph,B. —Independ. White
16 Edwards Independ. = White

TOTAL VOTE 14,666 (100%)

Vote

13,363
13,061
12,010
10,759

9,

3,433
2,922
2,388
2,284

1,877
1,680
1,669
1,595
1,574
1,546

$29

%

91.0
88.9
85.0
73.3

65.8

23.4
19.9
16.3
15.5

12.8
11.4
11.4
10.9
10.7
10.5

3.6

ee

j

CSMONANIAKAUNA WH = E

10
1]
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

71
3-J

COUNCILMANIC ELECT ION — June 10, 1970

‘f

Marsh x
Carpenter
Bliley
Forb
Daniel
Valentine
Rennie
Thompson

Orndorff
Morris

“ Kenney
Lewis
Shiro
Taylor
Livingston
Holt
McCullen
J.R. Johnson
Leake
Royall
Hodges
L. Johnson
Weber
Collins
Hall t:
Habough
Scordo

New City Results

Endorsement

Crusade
Crusade
Crusade
RF
RF
RF
RF
RF
RF

RF

RF
Crusade
Independ.
Crusade
Independ.
Crusade

Crusade

Crusade

Independ.
Crusade

Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.

TOTAL VOTE 51,509 (100%)

Race
White
Black
White
White
White
White
White
White

White:

White
White
Black
White
White
White
White
Black
White
White
White
White
White
Black
White
White
White
White
White

Vote %

29,031 56.3
26,012 50.5
25,502 “49.5
24,928 48.3
21,781 42.3
21,429 41.6
20,977 40.8
19,767 38.4
19,431 37.7

37,5
37.4
34.2
31.9
31.3
29.9
26.1
25.3
24.8
22.0

19,338
19,238
17,592
16,409
16,140.
15,408
13,411
13,009
12,762
11,307
9,586 18.5
5,560 10.6
4945 9.6
3,067 6.0
2,139 4.2
1,847 3.6
1,586 3.1
1,278 2.5
962 1.9

a

BPNRPRPPERRLRBSSSABaOnN-O
DARA SONKSOMIANVESWNKTOUOWBWIANAAMPSPWN

72
3-K

COUNCILMANIC ELECTION — June 10, 1970

Candidate

Carwile
Marsh
Carpenter
Bliley
Forb

- Daniel

Valentine
Kenney
Rennie
Morris
Thompson
Orndorf
Lewis
Shiro

’ Holt

Taylor
McCullen
Livingston
J. Johnson
Leake
Hodges

L. Johnson
Royall
Collins
Weber
Hall
Haboush
Scordo

TOTAT. VOTE 42.248

Old City Results
Endorsement

Crusade
Crusade
Crusade
TOP
TOP
TOP
TOP
Crusade
TOP
TOP
TOP

‘TOP

Crusade

Independ.

Crusade

Independ.
Crusade

Crusade

Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.
Independ.

Race
White
Black
White
White
White
White
White
Black
White
White
White
White
White
White
Black
White

‘White

White
White
White
White
Black
White

‘White

White
White
White
White

Vote

24,132
22,738
21,712
20,084
17,597
17,158
16,855
16,261
16,128
15,310
14,694
14,531
14,456
12,543
12,400
11,136
10,817
10.705

7,967

7,039

73
3-L

COUNCILMANIC ELECTION — June 10, 1970

Split Precincts

(Old City)

Precincts — 3, 7, 8, 12, 17, 60, 61, 68

RRPRR
Negro community. In the white community he did
poorest in the strong RF precincts in the Fan District and
the Far West End with 19 and 17 per cent of the total

vote respectively...

-

82
Wheat

Wheat’s percentage of the total vote dropped from 52
per cent in 1964 to 49 per cent in 1966. His share of the
vote increased in the white community, but dropped in ~
the Negro community. He received only 24 per cent of
his total vote from the Negro community.

Habenicht

Habenicht received 79 per cent of his vote from the
white community and 21 per cent from the Negro
community. He recei 3,650 votes in the Negro
community. He ran very close to Wheat throughout the
white community.

Carwile Sat

Carwile received 6,457 votes from the white commu-
nity and 9,859 from the Negro community. 40 per cent

of his vote was white and 60 per cent Negro. He ran

strong in the unfavorable RF areas. For instance he

received 50 per cent of the Highland Park vote. He was

supported by the Taxpayers Association, labor and the
Crusade. His percentage of the Negro vote increased from
49 per cent in 1964, without Crusade support, to 63 per
cent in 1966, with Crusade support.

Miller
Miller received’ 22 per cent of his votes from the Negro
community and 78 per cent from the white community.

;

83

His total Negro vote was 3,500. He ran stronger in the
white community in 1966 than in 1964, but his
percentage of the.Negro vote dropped to 22 per cent in
1966 from 31 per cent in 1964. Miller’s percentage of the
total vote was 44 per cent in 1966 as compared with 45
per cent in 1964 when he ran fifth.

R. T. Marsh

Robert T. Marsh’s. vote was very close, but slightly
behind Miller’s vote throughout the community. He
received 11,971 votes from the white community and
3,417 from the Negro community.

Throckmorton

Throckmorton’s percentage of the total vote declined
only six-tenths of one percent from 1964 to 1966. He ran
eighth in 1964 and twelfth in 1966. The difference was in
a drop from 33 per cent of the Negro vote in 1964 to 18
per cent in 1966. He ran stronger in favorable RF
precincts in 1966 than he did in 1964.

Referendum a

The staggered terms issue was defeated in the Negro

community, where only 13 per cent of the voters cast

—__ballots in favor of it. This issue received a favorable vote
of 58 per cent in the white community.

84

TABLE 1
Councilmanic Election - June 14, 1966
Total Vote by Candidates
1966 Vote 1964 Vote
Rank Candidate Total (%) Total (%)
1 Bagley 23,997 (66.2%) 13,333 (43.2%)
2 Cephas 22,957 (63.3%) 16,512 ° (53.4%)
3 Sheppard 19,763 (54.5%) 18,042 (58.4%)
4 Crowe 19,102 (52.7%) 13,846 (44.8%)
5 Mundle 18,286 (50.4%)
6 H. L. Marsh 17,812 (49.1%)
7 Wheat 17,803 (49.1%) 15,965 (51.6%)
8 — Habenicht 17,066 (47.1%) 12,780 (41.3%)
9 Carwile 16,356 (45.1%) 8,228 (26.8%)
10 —‘ Miller 15,862 (43.8%) 13,886 (44.9%)

11 R.T.Marsh = 15,388 (42.5%)
12 Throckmorton 14,876 (41.0%) 12,860 (41.6%)

13 Covey 13,359 (36.9%) 6,983 (22.6%)
14 House 13,269 (36.6%)
15 Holt ° 7,916 (21.8%)
16 Bradley 7,663 (21.1%)
Referendum
FOR » 13,412-— (37.0%)

AGAINST 21,760 (60.0%)

Total Vote 36,248 (100.0%) 30,928 (100.0%)

85

_ TABLE 2
_ Councilmanic Election - June 14, 1966
Vote in Fan District - Precincts 2, 20, 21, 22, 43 and 44
Rank Candidate Total Vote % of Total
1 Bagley 1722 77.4%
2 Crowe 1682 75.6%
3 Wheat 1672 75.2%
4 Habenicht 1592 71.6%
ie Sheppard . 1567 70.5%
6 Miller 1533 68.9%
7 R. T. Marsh 1497 67.3%
8 Cephas 1335 60.0%
9 Throckmorton 1183 53.2%
10 Mundle 946 42.5%
11 House 640 28.8%
12 Covey 576 25.9%
13 Carwile $29 23.8%
14 Holt 520 23.4%
15 Bradley 504 22.6%
16 _#H.L. Marsh 411 18.5%
Referendum

FOR 1433 64.4%
AGAINST 757 34.0%

Total Vote 2224 100.0%

86

TABLE 3 Baa
Councilmanic Election - June 14, 1966 °
Vote in Mid West End - Precincts 26, 27, 28, 29, 41 and 42
(Area Between Boulevard and Belt Line)

:

Candidate Total Vote ' % of Total

Bagley 1275 72.2%
Throckmorton ~—§ = 1237 70.1%
Crowe ~ 1085 61.5%
* Habenicht 1045 59.2%
Wheat 1034 58.6%
Miller 931 52.8%
Sheppard 921 52.2%
House 861 48.8%
R.T.Marsh | 850 48.2%
Cephas 771 43.7%
Covey 744 42.2%
_ Carwile , ee 40.2%
Holt 701 39.7%
Bradley 667 37.8%
Mundle , 459 26.0%
H. L. Marsh 432 24.5%

CHOAIAUNAWHNH=§

Referendum

FOR
‘AGAINST

~ Total Vote

Total Vote

87

TABLE 4

Councilmanic Election - June 14, 1966
Far West End - Precincts 30 through 40

(Area West of Belt Line)
Rank Candidate Total Vote
1 Bagley 5400
2 Crowe $232
3 Wheat $130
4 Habenicht . 5012
5 Sheppard $007
6 Miller 4786
7 R. T. Marsh 4589
8 Cephas 3986
9 Throckmorton 3276
10 Mundle 2919
11 House 2089
12 Covey 1906
13 Holt 1487
14 Carwile a
15 Bradley 1 = :
16 H. L. Marsh 1T35° ~
Referendum
FOR 4612
AGAINST 2065

% of Vote

80.1%
77.6%
76.1%
74.3%
74.2%
71.0%
68.0%
59.1%
48.6%
43.3%
31.0%
28.3%
22.0%
21.6%
19.3%
16.9%

68.4%
30.6%

100.0%

- 88
- TABLE 5
Councilmanic Election - June 14, 1966

Northside (Ginter Park and Barton Heights) -

ree 48 through 53
Rank Candidate Total Vote % of Vote
1 Bagley - > eee 73.7%
2 Crowe — ‘ 2338 68.8%
3 Habenicht 2318 68.2%
4 Wheat 2286 -. 67.2%
5 Sheppard 7. wae 66.9%
6 Miller 2065 : 60.7%
> fe R. T. Marsh 2038 59.9%
8 Throckmorton 1959 _ 57.6%
9 Cephas 1784 52.5%
10 Mundle 1207 35.5%
11 - Covey 1195 35.1%
12 House 1142 33.6%
13 Holt 940 28.5%
14 Carwile 928 27.3%
15 *- - Bradley 888 26.1%
16 H. L. Marsh 758 22.2%
Referendum
FOR 1895 55.7%
AGAINST 1462 1. 43.0%

Total Vote 3400, 100.0%

89

TABLE 6
Councilmanic Election - June 14, 1966

Northside (Highland Park) - Precincts 59, 60 and 61
Rank Candidate Total Vote % of Vote
1 Throckmorton 666 79.2%
2 Bradley $75 68.3%
3 Bagley 540 64.2%
4 House eee 56.5%
5 Covey 462 54.9%
6 Holt — 457 54.3%
7 Crowe 434 51.6%
8 ‘Habenicht 428 50.9%
9 Carwile 417 49.6%
10 Wheat 414 49.2%
11 Sheppard 379 45.1%
12 Miller 362 43.0%
13 R. T. Marsh 356 42.3%
14 Cephas 243 * 28.9%
15 H. L. Marsh 210 25.0%
16 Mundle 126 15.0%
Referendum
FOR 280 33.3%
AGAINST 544 64.7%

Totdl Vote 841 100.0%

90

TABLE 7
Councilmanic Election - June 14, 1966
Southside - Precincts 10 through 16

Rank Candidate Total Vote % of Vote
1 Bagley 2197 69.6%
2 Throckmorton 2072 65.7%
3 Covey 1856 58.9%
4 Wheat 1838 58.3%
5 Habenicht 1789 56.7%
6 Sheppard 1718 54.5%
7 Crowe a 1716 54.4%
8 Miller 1560 49.5%
9 R. T. Mazsh ‘18st 49.2%
10 Holt 1496 47.4%
11 House 1395 | 44.2%
12 Cephas 1349 42.8%
13 Bradley 11m 35.7%
14 Carwile * - 1404 35.0%
15 Mundle rs 807 25.6%
16 H. L. Marsh \ mS 24.9%
Referendum
FOR 1430 45.4%
AGAINST 1694 53.7%

Total Vote 3154 100.0% |

-

as 91
TABLE 8
Councilmanic Election - June 14, 1966

Negro Precincts Exclusive Ne eras
Precincts 1, 3, 4, 5, 6, 7, 8, 9, 18, 19, 24, 46, 47,

55, 62, 63, 64, 65; 66, and 67

Rank Candidate Total Vote* % of Vote

1 H. L. Marsh 11,270 83.4%

2 Cephas 10,432 77.2%

3 Mundle 9,329 69.0%

4 Carwile 8,454 62.5%

5 Bagley 7,316 54.1%

6 Sheppard 5,691 42.1%

7 House 4,589 33.9%

8 Covey 4,545 33.6%

9 Crowe 4,485 33.2%

10 Wheat 3,581 26.4%

11 Habenicht 3,088 22.8%

+ Miller 3,003 22.2%

13 R. T. Marsh 2,929 21.7%

14 Throckmorton 2,467 18.3%

15 Bradley 1,426 10.5%

16 Holt 1,170 8.6%
Referendum

FOR 1,765 13.0%

AGAINST . 10,686 79.0%

Total Vote 13,515* 100.0%

*Does not include split precincts 17, 23, 25, 45, 54, 56, 57,
58 and 68.

sennten

92

TABLE
Councilmanic Election - June 14, 1966

acimated White and Negro V te in Split Precincts
Precincts 17, 23, 25, 45, 54, 56, 57, 58, and 68

Total Estimated _ Estimated

Rank Candidate Vote Negro Vote White Vote

1 Cephas 3,057 1,742 1,315

2 Bagley 3,041 1,218 1,823

3 H. L. Marsh 2,808 "1,875 933
4 Carwile 2,760 1,405 1,355

5 Mundle 2,493 1,551 942

6 Sheppard 2,203 946 1,257
% Crowe — 2,130 746 1,384
8 House 2,078 762 1,316

9 Covey 2,075 755 1,320
10 Throckmorton 2,016 411 1,605
11 Wheat 1,848 593 1,255
12 Habenicht 1,776 - 544 1,232
13 Miller 1,622 499 1,123
14 R. T. Marsh ‘1,578 488 1,090
1S Bradley 1,175 236 939
16 Holt 1,145 193 952

Referendum

FOR 1,194 292 902
AGAINST 3,292 1,776 1,516

Total Vote 4,604 2,248 2,356

93

TABLE 10
Councilmanic Election - June 14, 1966
Analysis of Vote by Candidates
Bagley Cephas Sheppard
White Precincts
West End

Fan District 1722 (7.1%) 1335 (5.8%) 1567 (7.9%)
Mid West End 1275 (5.3%) 771 =(3.4%) 921 (4.7%)
Far West End 5400 (22.5%) 3986 (17.3%) 5007 (25.3%)
Northside
Ginter Park-

Barton Heights 2506 (10.4%) 1784 (7.8%) 2276 (11.5%)
Highland Park 540 (2.3%) 243 (1.1%) 379 (1.9%)
Southside 2917 (9.2%) 1349 (5.9%) 1718 (8.7%)
Split (9) Estimated 1823 (7.6%) 1315 (5.7%) 1257 (6.4%)
Total White 15,463 (64.4%) 10,783 (47.0%). 13,125 (66.4%)

Negro Precincts

Central (4) 930 1271 699

South (4) 923 1107 691

West (3) 1557 2110 1143

North (3) 1069 1928 1233

East (6) 2837 4016 1925

Split (9) 1218 1742 946

Total Negro 8534 (35.6%) 12,174 (53.0%) 6637 (33.6%)
Total Vote

23,997 (100.0%) 22,957 (100.0%) 19,762 (100.0%)

94
Mundle H. L. Marsh
White Precincts
West End

Fan District 1682 (8.8%) 946 (S.2%) 411 (2.3%)
Mid West End 1085 (5.7%) 459 (2.5%) 432 (2.4%)
Far West End $232 (27.4%) 2919 (16.0%) 1139 (6.4%)
Northside
Ginter Park- .

Barton Heights «°° 2338 (12.2%) 1207 (6.6%) 758 (4.3%)
Highland Park 434 (2.3%) 126 (0.7%) 210 (1.2%)
Southside 1716 (9.0%) 807 (4.4%) 784 (4.4%)
Split (9) Estimated 1384 (7.2%) 942 (5.1%) 933 (5.2%)

Total White ~ 13,871 (72.6%) 7406 (40.5%) 4667 (26.2%)
Negro Precincts
Central (4) 542 1063 1312
South (4) 550 : 1002 1157
West (3) 903 ; 1850 aan
North (3) 1007 1841 2054
East (6) 1483 3573 4490
Split (9) 746 ~ 1551 1875
Total Negro 5231 (27.4%) 10,880 (59.5%) 13,145 (73.8%)

Total Vote 19,102 (100.0%) 18,286 (100.0%) 17,812 (100.0%)

95

TABLE 10 (continued)
Councilmanic Election - June 14, 1966

Analysis of Vote by Candidates
Wheat Habenicht Carwile

white Precincts

West End

Fan District 1672 (9.4%) 1592 (9.3%) 529 (3.2%)
Mid West End 1034 (5.8%) 1045 (6.1%) 709 (4.3%)
Far West End $130 (28.8%) 5012 (29.4%) 1455 (8.9%)
Northside

Ginter Park-

Barton Heights 2286 (12.8%) 2318. (13.6%) 928 (5.7%)
Highland Park 414 (2.3%) 428 (2.5%) 417 (2.5%)
Southside "1838 (10.3%) 1789 (10.5%) 1104 (6.8%)
Spit (9) Estimated 1255. (7.1%) 1232 (7.2%) . 1355 (8.3%)
lotal White 13,629 (76.5%) 13,416 (78.6%) 6497 (39.7%)
lero Precincts

Central (4) a 359 1114

South (4) 450 426 925

West (3) 735 621 1668

North (3) 789 681 1389

East (6) 1184 1019 3358

slit 0) — 24 1405

ital Negro 4174 (23.5%) 3650 (21.4%) 9859 (60.3%)
otal Vote 17,803 (100.0%) 17,066 (100.0%) 16,356 (100.0%)

White Precincts
West End
Fan District 1533
Mid West End 931
Far West End 4786
Northside
Ginter Park- .
Barton Heights 2065
Highland Park ‘362
Southside 1560
Split (9) Estimated 1123
Total White 12,360
Negro Precincts
~ Central (4) 385
South (4) 395
West (3) 586
North (3) 593
East (6) 1044
Split (9) 499
Total Negro 3502
Total Vote

15,862 (100.0%) 15,388 (100.0%) 14,876 (100.0%)

R. T. Marsh

(9.6%) 1497 (9.7%)
(5.9%) 850 (5.5%)
(30.2%) 4589 (29.8%)

(13.0%) 2038 (13.2%)
(2.3%) 356 (2.3%)

(9.8%) 1551 (10.1%)

(7.1%) 1090 (7.1%):

1183 (8.0%)
1237 (8.3%)
3276 (22.0%)

1959 (13.1%)
666 (4.5%)

2072 (13.9%)

1605 (10.8%)

(77.9%) 11,971 (77.8%) 11,998 (80.6%)

429
406
559
620
915
488

(22.1%) 3417 (22.2%)

425
478
466
395
703
411

2878 (19.4%)

97
TABLE 10 (continued)
Councilmanic Election - June 14, 1966
Analysis of Vote by Candidates

Bradley

White Precincts
West End
Fan District 504 (6.6%)
Mid West End 667 (8.7%)
Far West End. 1302 (17.0%) ~
Northside
Ginter Park-
Barton Heights 888 (11.6%)
Highland Park 575 (7.5%) -
Southside 1126 (14.7%)
Split (9) Estimated 939 (12.3%)
Total White 6001 (78.3%)
Negro Precincts
Central (4) 228
South (4) 294
West (3) 284
North (3) 190
East (6) 430
Split (9) 236
Total Negro 1662 (21.7%)

Total Vote 7663 (100.0%)

98

TABLE 10 (continued)
Councilmanic Election - June 14, 1966

Analysis of Vote by Candidates
Covey House Holt
White Precincts
West End
Fan District 576 (4.3%) 640 (4.8%) 520 (6.6%)
Mid West End 744 (5.6%) 861 (6.5%) 701 (8.9%)
Far West End 1906 (14.3%) 2089 (15.7%) 1487 (18.8%)
Northside
Ginter Park-
Barton Heights 1195 (8.9%) 1142 (8.6%) ‘940 (11.9%)
Highland Park 462 (3.5%) 475 (3.6%) 457 (5.8%) _
Southside 1856 (13.9%) 1395 (10.5%) 1496 (18.9%)
Split (9) Estimated 1320 (9.9%) 1316 (9.9%) 952 (12.0%)
Total White 8059 (60.3%) 7918 (59.7%) 6553 (82.8%)
Negro Precincts

Central (4) 563 623 —~_188

South (4) 639 645 289

West (3) 961 939 228

North (3) 705 701 138

East (6) 1677 1681 327

Split (9) _755 762 193
Total Negro 5300 .(39.7%) 5351 (40.3%) 1363 (17.2%)

Total Vote 13,359 (100.0%) 13,269 (100.0%) 7916 (100.0%)

99
TABLE 11
Comparison of Voting by Sections of City
(Adjusted for Split Precincts)
White Precincts
West End
Fan District 2,224
Mid West End 1,765
Far West End 6,745
Northside .
Ginter Park-
Barton Heights 3,400
Highland Park 841
Southside 3,154
Split Precincts : 2,356
Est. Total White Vote 20,485 56.5%
/
Negro Precincts
Central 1,655
South 1,590
West . 2,656
North 2,356
East ‘ 5,258
Split 2,248
Est. Total Negro Vote 15,763 43.5%

Total Vote (36,248 = 100.0%

: —
100

TABLE 12
Comparison of Voting by Precincts 1964 and 1966

1964 1964 1966
Precinct Councilmanic _ Presidential Councilmanic
Vote Vote Vote
West End
Fan District
2 309 607 282
20 499 849 487
21 414 659 414
22 368 760 \ 387
43 309 648 319
44 344 6AT 335.
Total 2243 4170 2224
Mid West End
26 — 454 242
27 271 539 252
28 355 644 340
29 385 747 363
41 263 560 258
42 330 oe. 3i0
Total 1846 3583 _ 1765
Far West End
30 | 594. 1150 580
31 / 528 850 488
SS ei 921 * 1244 942
33 608 988 647
34 667 ne 646
35 582 863 - 599
36 692 1285 [::- ee
37 467 677 441
38 739 1350 787
39 568 939 ' Bee. a
40 340 oe 374

Total 6706 11,214 6745

1964 1964
Precinct Councilmanic _ Presidential
Vote Vote
Northside
Ginter Park-Barton Heights
48 742 1266
49 752 ‘ 1214
50 463 765
51 456 827
52 a « xa
53 520 931
Total 3360 5914
Highland Park
a 311 592
60 _ 309 583
61 ne; _ 531
- Total 887 1706
Southside
10 223 461
11 340 635
12: 391 784
13 450 770
14 562 1258
15 664 1166
16 467 1643
Total 3097 6717
Total White |
Precincts 18,139 33,304

192

TABLE 12 (continued)
ss 1964 1964
Precinct . Councilmanic Presidential
Vote Vote
Split Precincts
17 184 458
23 269 649
25 838 1505
45 368 853
54 425 655
56 417 775
57 458 834
58 422 833
68 666 1513
Total Split
Precincts 4047 8075
Negro Community f
Central ,
ron 305 665
3 238 577
4 360 1276
5 221. 560
Total 1124 3078
South
6 195. 749
7 . 379 1007
8 330 870
9 241 545
Total 1145 3171
West i
18 634 1625
19 424 ‘1059
24 637 1254
Total 1695 3938

1964 1964
Precinct Councilmanic _ Presidential
Vote Vote
North
46 766 1504
47 396 688 533
55 671 1072 795
Total 1833 3264 2356
East
62 683 , 2173 1208
63 198 866 385
64 659 1808 1174
65 375 1357 670
66 404 1329 779
67 626 1601 1042
Total 2945 9134 5258
Total Negro
Precincts 8742 22,585 13,515

Total Vote 30,928 63,964 36,248

104
Tables

“Detailed tables of this analysis of the 1966 council-
manic vote by areas and by candidates will be found in
the attached tables.

2. Plaintiff's Exhibit 5(b} — Election Analysis 1968

COUNCILMANIC ELECTION
JUNE 11, 1968

AN ANALYSIS OF THE VOTING IN THE
COUNCILMANIC ELECTION JUNE 11, 1968

The most significant factors in the voting pattern in
the Councilmanic Election in 1968, as compared with
previous Councilmanic elections were the increase in the
total vote and the sharp division between the white and
the Negro vote.

The 1968 total of 44,880 was an inctease of 8)632
over the previous high of 36,248/ reached in 1966. The
white vote increased 4,574 in 1968 as compared with a
decrease of approximately 600 i 1966. The Negro vote
increased 4,058 in 1968 as compre with an increase of
5,320 in 1966. —

The General Trend

The voting pattern continued to edge towards an even
balance between the white and the Negro vote. The white
vote was 55.8% of the total in 1968 and the Negro vote
44.2% of the total. In 1966 the proportion had been

105

white 56.5% and Negro 43.5%. This 1966 proportion had
been a major shift from the previous election year of
1964 when the white vote was 68.2% and the Negro vote
31.8%.

The total Negro vote of 19,821 appears to have been
just about the same as that cast in the November 1967
General Assembly election. For example, in the large east
end Negro precinct #64 the vote was slightly higher —
1515 in 1967 and 1644 in 1968, in the large northside
Negro precinct #46 the vote was slightly lower — 1128 in
1967 and 1073 in 1968, while in the large west end
Negro precinct #18 the vote was the identical 1114 in
each election.

The Richmond Forward Candidates

There was a sharp division in the candidates supported
in the white and Negro precincts. The Richmond For-
ward candidates were in eight of the first nine places in
every white area of the city except Highland Park. In
Highland Park Messrs. Mundle and Cephas slipped out of
the first nine. Just the opposite occurred in the Negro
areas in which the five candidates supported by the
Crusade for Voters won the top five places by a
substantial margin over the rest of the field.

The individual RF candidates generally increased their
support in the white areas by 10% or more over 1966.
The white vote for the six winning RF candidates ranged

from 74 to 85% and was virtually enough to elect them.’

Messrs. Mundle and Cephas received almost 60% of the
white vote, an increase of about 7% for Mr. Cephas and
about 23% for Mr. Mundle. But these latter two
candidates lost large amounts of Negro support received

(106

in 1966, falling from 77.2% to 24% and from 70% to
20.5% of the Negro vote, respectively. Thus they were
defeated although they received a larger white vote than
ever before.

Similarly the -white RF candidates lost a drastic
amount of their Negro vote. Mr. Bagley, who had the
Crusade endorsement in 1966, slipped from 54.1% to
17.2% of the Negro vote. Mr. Crowe, who had not had
the endorsement in 1966, still slipped from 33.2% to
16.1% of the Negro vote; likewise, Mr. Wheat, without
the endorsement df the Crusade in 1966, still slipped
from 26.5% to 11.1% of the Negro vote.

Howard Carwile

Mr. Carwile led the ticket because of the sharp increase
in the size of his Negro vote from 62.5% in 1966 to
87.2% in 1968. His white vote increased only from 31.7%
to 32.2%. This broke the rule that no white candidate
could receive more than 60% of the Negro vote and
supported the analysis that the Negro voter was now
more concerned about “activism” than color.

The Impact of National Events

Several national events and their impact on Richmond
may have contributed to the Negro voting pattern this
year. At the outset of the campaign, Dr. Martin Luther
King was assassinated. A few weeks after this assassina-
tion the Poor People’s March came through Richmond
and was well received. In the week following their
departure from Richmond, a sample ticket called the
Poor People’s Ticket was widely distributed in Negro

-107

j
areas Of Richmond. The obvious suggestion was that
persons supporting the Poor People’s March and Dr. King
should support the Poor People’s Ticket.

The five candidates -endorsed-on the Poor People’s
Ticket were the candidates subsequently endorsed by the
Crusade for Voters. This ‘ticket was apparently well
enough received to justify a second distribution of it a
few weeks before the election.

Finally,” the assassination of Senator Robert Kennedy
occurred in the final days of the campaign.

If these events did influence the Negro voter, then it
would be a mistake to read the results as evidence of a
great increase in the strength of the Crusade for Voters.
The fact that Messrs. Crowe ahd Wheat lost Significant
Negro support — Mr. Crowe slipping from 33.2% to
16.1% of the Negro vote and Mr. Wheat slipping from
26.5% to 11.1% of the Negro vote — although they were

“not supported by the Crusade in either campaign,
Suggests that there were factors other than the Crusade
endorsement which affected the Negro voting pattern in

- this election.

National events, and Particularly the unrest occurring
throughout the Nation, may have affected the white
voter also. The disturbances in Richmond following Dr.
King’s assassination obviously upset many white voters.
Concern over this national and local unrest, and an
absence of strong white opposition candidates, probably
increased the support given the Richmond Forward
candidates in the white areas. Hopefully, this increased
support also indicated approval of the Richmond For-
ward record. The sharp increase in the number of white
voters would have been difficult to achieve without such
approval.

~

108

“Race” as an Issue

This analysis of the voting patterns in terms of white
and Negro voters suggests that “race” was a much greater
_issue than it actually appears to have been. The small
support given Mr. Edwards by the white voters (21.2%)
and Mr. Bradley by the Negro voters (12.1%) suggests
that a man’s race had little influence on most voters. This
is reinforced by the large white vote’ for Messrs. Cephas
and Mundle, and tne large Negro vote for Messrs. Carwile
and Carpenter.

The white and Negro voter appear to have voted
differently because they were concerned about different
issues. Recognizing that such conclusions can only be
conjecture and over-simplification at best, it is suggested
that the white voter was concerned mainly about the
stability of society, while the Negro voter was concerned
mainly about the problems of the poor. This is not to
suggest for a moment that both groups were not
concerned about the poor and a stable society, but their
priorities appear to have been different. Nor is this to
suggest that all candidates were not concerned about the
poor and a stable society, but in the voter’s mind, they
appear to have been identified as candidates for either
one or the other goal:

The Open Housing Referendum

A not too surprising 25% of the white voters supported
the open housing referendum. Combined with the Negro ~
vote, this would have been sufficient to pass this
referendum except for the fact that 53% of the Negro
voters abstained from voting. These Negro voters who

109

abstained thought open housing would be defeated and
abstained to minimize the effect of such a defeat. It
appears certain that they would have voted for open
housing if they had voted on the issue, and, in retrospect,
that their votes would have been sufficient to pass the
referendum. The total vote was 34% voting “For” and
46% voting “Against” and 20% abstaining.

J. Plaintiff's Exhibit 24 — Report to Aldhizer
Commission, with Exhibits, by C. B. Mattox,
Jr., City Attorney, February 5, 1969.

(This exhibit has not been printed, but has
been reproduced separately and filed together
with this Appendix.)

K. Plaintiff's Exhibit 25 — Booklet entitled
“Expand Richmond’s Boundaries” — Report to
the Richmond Boundary Expansion:

(This exhibit has not been printed, but has
been reproduced separately and filed together
with this Appendix.)

ANALYSIS OF VOTING

(The recent Presidential election makes possible an analysis and
comparison of the voting in this and the City Council elections
since Richmond Forward was founded.)

VOTES
City Council Presidential

White _ Negro White Negro
1964 21,093 9,835 37,339 26,625
1966 20,429 15,819
1968 25,059 19,821 39,122 28,605

PERCENTAGE

White Negro White Negro
1964 68.2 31.8 58.3 41.7
1966 56.4 43.6
1968 55.8 44.2 57.8 42.2

‘Note:
1. The increase in the white vote in the 1968 City Council election
after relative stability in 1966.

2. The increase in the Negro vote in the City Council elections in
both 1966 and 1968.

3. The comparatively smaller increase in both the white and Negro
vote in the Presidential election in 1968.

4. The similarity of the percentages of white and Negro vote in
both City Council and Presidential elections since the poll tax
requirement for voting was removed. (Presidential election — 1964;
City Council election — 1966).

111

Estimate of Crusade for Voters strength:

1968 City Council % of Negro Vote Received

1. Marsh 91.0
2. Carwile 88.9
3. Carpenter 85.0
4. Kenney 73.3
5. Randolph, M. 65.8
1968 Presidential — % of Negro Vote Received
Humphrey 97.9
Nixon 2.0
1968 Congressional ; % of Negro Vote Received
Satterfield 19.2
Hansen 80.8
Hansen vote less Republicans (determined by
subtracting Nixon vote)
78.5
Comment:

1. The Hansen vote ones mostly voters who switched from a
Democratic Presidential vote\to a Republican Congressional vote.
The only explanation fo crossing of party lines to

\

2. The top threg’in the City Council seco obvow had per-

vote and to range from about 65 to 75%.

112

TABLE 1 |
Councilmanic Election — June 11, 1968
TOTAL VOTE BY CANDIDATES

1968 Vote 1966 Vote 1964 Vote
Candidate - Total (%) Total (%) Total (4)

:

1 —Carwile 25,361 (56.6%) 16,356 (45.1%) 8,228 (2%
2 ‘Bagley 24,604 (54.9%) 23,997 (66.2%) 13,333 (43.
3 —Blliley 23,552 (52.6%)

4 . Crowe 22,631 (50.5%) 19,102 (52.7%) 13,846 (44:
5 Carpenter 22,091 (49.3%)

6 Marsh, HLL. 22,014 (49.2%) 17,812 (49.1%)

7 Forb 21,960 (49.0%)

8 Wheat 21,437 (47.9%) 17,803 (49.1%) 15,965 (51
9 Pusey ¢ 20,556 (45.9%)

10 Cephas 19,675 (43.9%) 22,957 (63.3%) 16,512 (53,
11 Mundie . 18,845 (42.1%) 18,286 (50.4%)

12 Randolph,B. 18,749 (41.9%)

13. + Kenney 16,372 (36.6%)

14. Randolph,M. 15,282 (34.1%)

15 Edwards 6,190 (13.8%)

16 Bradley 4,448 ( 9.9%)

Total Vote 44,787 (100.0%) 36,248 (100.0%) 30,928 (100:

Increase 8,539 (23.6%) 5,320

113
TABLE 2
Councilmanic Election — June 11, 1968
Vote in Fan District — Precincts 2, 20, 21, 22, 43 and 44

1968 Vote 1966 Vote

Rank Candidate Total (%) Total (%)
1 —_ Bagley 2,352 (85.3%) 1,722 (77.4%)
2 Bliley 2,322 (84.2%)

3 Crowe 2,228 (80.8%) 1,682 (75.6%)

4 Wheat 2,202 (79.9%) 1,672 (75.2%)
5- Forb 2,108 (76.5%)

6 Pusey 2,107 (76.4%)
7 Randolph,B. 1,820 (66.0%)

8 Mundle 1,809 (65.6%) 946 (42.5%)
9 Cephas 1,798 (65.2%) 1,335 (60.0%)
10 Carwile 771 (28.0%) 529 (23.8%)
1] Carpenter © 717 (26.0%) -
12 Marsh, H.L. 475 (17.2%) 4M (18.5%)
13 Edwards 474 (17.2%)

14 —_— Randolph, M. 276 = (10.0%)

15 Bradley 257 ( 9

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0466%3A01. Public record. Not legal advice.