*1 Plaintiff claims a defendant now Scott. its and conse-
destruction of business damages quent thereof the sum $165,000.00. We believe this claim to be highly speculative and remote and con-
trary spirit of the contract. ap-
3. Nowhere in the record does it pear that the decision to terminate the
agreement through any was arrived at expediency
consideration other than good judgment. appears There to have feeling no ill whatever toward
plaintiff corporation or its President. agreement was terminated substan-
tially because of failure to market as the competition. result of paragraph motion to dismiss 5 of complaint is, therefore, sustained. Findings of fact and conclusions of law opinion drawn in accordance with this prepared lodged with the by plaintiff (15) within fifteen days. (10) days Within ten thereafter may prepare lodge
defendants with exceptions suggested the Court their additions thereto. America,
UNITED STATES of Plaintiff, The STATE Perry OF ALABAMA and O. Hooper, Judge Montgom- of Probate of ery County, Alabama, Defendants.
Civ. A. No. 2255-N. United States District Court Alabama, D. M. N. D.
March *2 GEWIN, Circuit
Before and RIVES Judge. Judges, JOHNSON, and District RIVES, Judge: Circuit Voting Congress enacting Rights Act the Attor of 1965 “directed” “against ney General to institute suits any requirement the enforcement payment precondi a tax as voting.” Voting Rights Act Congress’ of 1965 specific included find ings that the tax violates Four teenth and Fifteenth Amendments.2 Pursuant Congress, to the direction of Attorney General on behalf of the United judgment States here seeks a de claring enjoining unconstitutional and the enforcement of Sections and 194 of the Alabama Constitution and the stat implementing utes those sections of the precondition Constitution which State, local, general, special primary and elections on of a poll tax for years each of pre two next ceding the election. We hold that Alabama tax violates the Fifteenth Amendment to the United States Con stitution, Judge Johnson, and as indicat concurring ed opinion, his would also hold that it process violates the due clause Montgom Atty., Hardeman, Ben U. S. of the Fourteenth Amendment. The ery, Ala., Stephen Pollak, K. J. Brian is therefore invalid. Rosenberg Landsberg, and John M. Dept. Nesson, Attys., R. Charles U. S. The Constitution and statutes of Ala- Justice, Washington, C., plaintiff. D. for that, require bama3 in order vote any election, person (1) Atty. Gen., Madison, must Gordon Asst. be Alabama, years Montgomery, Ala., and 21 James Gar- citizen the United States (of Johnston), Rushton, Stakely age older; (2) rett & or resided in have Ala., Montgomery, Kohn, and John months, P. county year, in State one six for the of Alabama. voting precinct months in his three and any he prior to seeks election which Maultsby Waller Jack Crenshaw vote; (3) and write (of able to read Waller), Montgomery, Crenshaw & any Ala., Perry Hooper. Consti- article of United States defendant O. reg- requirements procedures for 10(b), § P.L. 89-110 voting in are con- istration and 10(a). § P.L. 89-110 the Constitution tained in Article 8 of Complaint Paragraphs §§ of Alabama of 177-196 3-9 of the general provisions allege of the Code of Alabama terms Title 17 these 1-426. "§§ the defendants. are admitted tution,4 person idiot or insane be an lists furnished to him col- have been convicted of certain lectors,14 quali- and furnishes the list of crimes; paid (4) enumerated appropriate fied electors to the election which he taxes for liable.5 officials.15 pollA tax in the amount of $1.50 I, Under Article Sec. Clause imposed non-exempt every annually on *3 1 of the United States Constitution and ages resident of the between Amendment, under the Seventeenth The 21 and 45.6 Constitution empowered States are to set reasonable exempt payment of from the statutes qualifications for in elections of voters 45; persons World tax all over veterans of Congress. members of As to State and II, I, Korean War World and the War elections, local is that reserved to War; serving presently of the members States Tenth Amendment. Guard, or or Alabama Naval National power suffrage of the States over is years.7 for 21 those who were members recognized by Amendment, the Fifteenth paid only poll be tax can between but that coordinate amendment restricts February During l.8 1 and October power regulate suffrage the States’ to period prospective voter must have under certain The Fif circumstances. paid previous due for taxes provides teenth Amendment that: “The years two to vote an election order right of citizens of the United States ensuing year.9 of the in the Collection abridged by vote not be or shall denied legal process enforcement by any the United States or ac prohibited.10 The funds collected color, race, previous count condition or support of used for the schools11 Therefore, any require of servitude.” County paid Tax to the Poll taxes are “abridges” ment that vote 15 of or before March Collector.12 On race, color, previous “on account of year required fur each collector is condition servitude” invalid. county Judge nish the of Probate his name, race, list, by Negroes with a sex and were first enfranchised in persons paid those have under the Constitution of 1867 Judge compiles the tax.13 The provided every Probate person that male by comparing qualified years age list of voters 21 and over who satisfied registered list of electors with the citizenship require and residence 4. The Ala.Const., 194; Ala.Code, State of Alabama 8, has been certified Tit. 8. Art. § Attorney (1940). General 51, of the United § States and the Director of the Census Ala.Code, (1953). 8, Art. Sec- subject § 9. provisions state 10(d) Rights Voting Act of Voting Rights Section 4 of the Act of requires registrants be 1965, that initial Fed.Reg. (August 1965). 7, they if to vote in elections allowed literacy Accordingly, tests required tax for the prerequiste tendered voting as a year days up before the current to 45 elections in Alabama. election. Twenty-fourth 5. The Amendment Ala.Const., 8, 10. Art. 194. § proscribes United States Constitution requirement Ala.Code, (1940). prerequisite taxes 11. Tit. § as a voting in federal elections. Ala.Code, (1940). 12. Tit. § 273 Ala.Const., 6. Ala.Code, § Art. 194. (1940). 13. Tit. § 247 Ala.Code, (1940). Tit. § 38 Ala.Const., 194; Ala.Code, § Art. Tit. Ala.Code, § § Tit. say “I notions, as: here such credited deemed an elector.”16 ments “shall be if fear of contradiction in Ala without reconstruction the end of With Negro good such mounting in the race there is efforts of the came the bama race, regain a nation or elevates his former as elevates white citizens say good History Caucasian comes from the political supremacy. records attempts in his veins.”21 The blood that runs disfranchise the Ne sordid gro through leave abso- Journals of the Convention lutely fraud and often voters delegates outright practices what the no doubt as to Those intimidation. citizens of Alabama wished the white and were not en shocked the conscience accomplish: grew tirely Convention effective. A demand depriving sophisticated “ means of more * * * man We want the white Negroes of the vote. who once voted in the state and con- again. want to trolled We by contemporaneous news- As shown *4 Up- see that old condition restored. century papers the atten- at the turn of theory stump on that took the we amendments to tion was focused on the having pledged in our- setting suffrage Constitution re- people upon selves to the white quirements permit would white which platform that we would not disfran- persons effectively to vote but disfran- single you chise a if white man Negroes.17 May 21, 1901, chise On organic trust tous frame an law for State Constitutional Convention assem- Alabama, purpose, but is our it is largely, principally, if bled for the intention, regis- our and here is our changing purpose of the 1875 Constitu- every tered vow to disfranchise Negro tion so as to eliminate voters. Negro single in the state and not a Delegate delegate after took floor white man.” eager put favoring to be on record18 as delegates expressed Although “the absolute disfranchisement of the Negro Negro.”19 never They of Alabama “that as a did “not view Amendment,” disfranchising single adopted 15th in believe white amendments, today, of the other reconstruction vote.” Viewed in the context of they provide that fraught anxious to devices were these testimonials are with dis- go question 16. on for the debates Ala.Const. of Art. VII. Ex- by medium of the world cluded from tlie out to electorate were those stenographic report. was He said there who had violated the rules of civilized report during rebellion, minority con- that would cause warfare idiots persons, therefore and he insane those had con- siderable debate thought crimes, in matter should bo settled victed of certain serious said, persons disqualified suggested, he caucus. had been who wore under fed- went ever eral law. Section that if the State Constitution 5 of the first Recon- Supreme (14 United States struction Act of March Stat. through might go required precondition 429), as a re- tribunal stenographic report adopt find a motive admission to the that States Union gave constitution.” to reverse the constitutions which the franchise at which by Delegate regard- years old, Williams See also comment least all males p. previous Marengo County, less of Off.Proc. race and of condition servitude, who had been residents of by Delegate of Ma- Williams Comment year. States at least one rengo County, p. 3837. Off.Proc. Proceedings 17. Official of the Constitution- 20. Ibid. Alabama, May 21, Convention, al State of Sept. 3, [hereinafter 1901 to called 21. Id. pp. 44). (Pl.Ex. 42, Off.Proc.] 2843-4 Delegate Heflin of Cham- 22. Comment Delegate support speech Heflin’s (PI. County, pp. 2843-4 Off.Proc. bers secrecy reported Montgomery was Delegate 47); also comment Ex. Watts, See 47): July (Pl.Ex. on Advertiser pp. 2388-9. Off.Proc. [Heflin] “He said he was favor AYatts, discussing suffrage question by Delegate Off.Proc. Comment thought pp. caucus. He be unwise 2388-9. it would legal under would avoid a on their descendants attack based veterans register persons could Fourteenth and Fifteenth Amendments most white purpose meeting requirements, successfully but still other new subvert without good requirement of those that voters be amendments. One solution to and a adopted by delegates the duties of the dilemma understand character and Delegate plan, citizenship. permanent effec was the tax. Hood voiced approval January 1, his a resi as follows: included tive employ education, requirement, dence my judgment, “Now in qualifications, property a dis ment and qualification important is the most qualifying provision, the non- crimes provision in this entire article. We compulsory re cumulative are told that in the Black Belt and January 1, quirement —cumulative many state, counties in the 1901.26 large percentage there is a of those suffrage provi The effect of the new young Negroes coming who are on the sions in the 1901 Constitution age that will be able to read and Negro dramatic. Whereas voters was write, qualified therefore will be un- 1900, 100,000 Negroes voted in Ala had provisions der the of this article. bama, eligible under the number only safety valve, Mr. Presi- plan dropped temporary in 1903 dent, that is contained in this article registrants 2,980 numbered white while large after proportion 1903 for a figures 191,492. registration In 1904 the Negroes in this State is this *5 205,- 3,654 Negroes show a total of and poll tax of $1.50. provisions, was a overwhelming support emerged from mittee in he will never be able to vote vicious voter in Alabama. We want that The If mittee in pulsory collecting that that we want and to to allow the “Now the main [*] you provide objects included a two-stage poll poll reported.” suffrage pile up collection of the -X- tax to tax in Alabama. We want reporting effective until dispensing and the Convention with the poll affair.25 The on this class of voters [*] grandfather purposes purpose pile plan compulsory way tax to accumulate get up [*] with the com which so you destroy provision of this Com poll rid of—the of the com [*] high January temporary clause for tax was delegates again. finally that [*] the Fifteenth Amendment does not dis able mate State interest the Fifteenth Amendment. poll were franchise and the Federal Government must exer- amendments mean white Amendment stitution. as an tional its sole We hold that tax as whites any appropriate only regulating suffrage registration attempt attempt Like the Fourteenth tax leaves purpose. poll 3,742 Negro The adopted registered. By to the United tax was necessarily to subvert Negroes necessary voters. from its no simply Such had risen to deny doubt that this governmental exists. The two- illegal 1901 was to registered, clear and inten- or that the States where a The runs afoul of the Fifteenth effect inception the Amendment, abridge States and invalid 1908 there history of 250,381.27 legiti while body Con- was dis- pp. 24. Off.Proc. 3380-1. See also com- cumulative feature of the tax to the by Delegate Porter, pp. years preceding ments Off.Proc. two calendar next the date 3018, 3020; by Delegate Freeman, Off. of election at which the elector offers p. 2811; by Delegate Reese, vote, Proe. payable and the maximum amount pp. being Off.Proc. Ala.Const, 3367-8. $3.00. as amend- § ed December 1953. pp. 25. Off.Proc. 3840-7. Reg- 27. Alabama Official and Statistical 1911; On December a constitutional ister and Alabama Official Directory amendment was ratified wbieb limited the 1903 and 1905. War; powers II, not to their so as discrim- cise Korean World War inhabitants, except serving presently their those in the Alabama inate between upon differentiation who some reasonable Naval or those or National Guard regula- object years; fairly related to the for 21 and those were members Amendment teach- or The Fifteenth who are blind tion. citizens of Alabama a reasonable race never be that can deaf.29 these amendments es ground While ameliorative, they The for discrimination. are not curative. great pil one of tax remains the last of an effort The was born effect, lars of racial discrimination. race or color on the basis discriminate large Ne number of still bars just that narrow effect. it has had groes polls. from the equality provided the Fifteenth The principle abstract is not an Amendment legitimate interest What justice. of our funda- framers constitutionally emerged has render liberty knew, we mental charter of provisions valid statutes or constitutional forget, there is more must never that no inception? that invalid at were practical guaranty against effective Has to some the State become wedded government arbitrary and unreasonable policy provide non that could a rational principles require than discriminatory basis this tax? governments impose on a which law State of six reasons Alabama advanced fairly minority equally ap- must be legitimate it conceived be Moreover, majority. plicable to the interests sufficient the in overcome nothing encourages arbitrary and of- discriminatory herently effect of the effectively more fensive discrimination (cid:127) good tax: 1. ship.” It “is test of citizen allowing governments pick those than keeps unworthy 2. “It out those upon heavy gov- whom hand of few voters no interest escape ernment will fall and thus keeps affairs.” out those “too might political meet retribution pay.” inert to interest “The voters’ polls majority them at the should the protecting ballot is indicated.” *6 truly affected. Courts can take no bet- public It “concern for indicates education heritage step preserving our ter toward poll for which the tax is levied.” liberty than strike down nar- such “tests a citizen’s interest in the conduct rowly discriminatory measures. of elections.” argument, argue as- may let us that on face For Some its the sake poll might equal suf- tax has an broad field such interests sume that operation. from constitu- But no more conclusive tax ficient to save argument refutation of than interests exists tional Can these State attack. the Journals Alabama of the 1901 Constitutional come rescue of the now to the Convention is noth- with their demonstration not. There tax? thinkWe carefully ing history that the since measure was drawn to of the tax in the Negroes voting. Ala- exclude from It has that the to indicate argued original been tax was while abandoned its bama has ever inception, discriminatory purpose. unconstitutional at its subse changes quent have breathed life into its large- World well been War have body. tortured 178 was amended Section volunteers, ly fought by public-minded in December 1953 so as make the subsequent found the but conflicts have only years.28 two cumulative for use of means of the draft a more reliable Successive amendments section army. military raising a citizens’ exemptions relieving have created broad exemption poll tax not neces- to the does I, from sarily “good veterans of World supply War a substitute test perti- By Amendment 14, 49, 90, No. 96 which was in Amendment Nos. part nent re-enacted November Amendment No. 207. Negroes equal public treatment continued citizenship” af- “interest or Congress Supreme and the Surely even after the no correlation to fairs.” it bears express- education, had Court of the United States nor does an interest ly was person that the action not “too declared State’s demonstrate that a is policy nat- pay.” Moreover, unconstitutional.30 Such a urally the test must be inert public public operates of- to cause white affairs one of current interest carry their duties in a man- If ficials to out an annual tax. cur- because persons, and de- test, white ner which favors rent interest not the true then were affirmatively acting Negroes registering from merely ters would demon- imposed special public burden to overcome by an interest in affairs. Par- strate on their exercise of ticipation this environment past wars is no current test rights. political environment the A man’s interest affairs. represents original part no test poll tax, uniquely blindness deafness pres- of these interests either. What the discriminatory package political de- recognize exemptions ent the in- do vices, cannot be administered consistent- herently discriminatory nature of the ly of the Fifteenth with the commands Therefore, tax. we believe that the Amendment. demonstrate, amendments forty-four are still there find that We surrendering no intention of dis- its Code devoted sections criminatory purpose in favor of such segregation31 in maintenance purposes proposed by abstract institutions,34 utilities,33 schools,32 public mental State. There are more direct and effec- g,35 penal and correctional ways nursin tive to test the out- six interests care,37 itutions,36 pauper inst alleged lined the State. Those inter- Negroes marriage choice.38 ingenious ests amount no to more than municipal recreation from excluded afterthought. swimming pools,39 facilities al telling that, More is the fact from the museums,41 and parks,40 libraries Constitutional Convention of 1901 to the jury service.42 present, the State of Alabama has con- sistently Negroes began devoted its official resources to once more When maintaining supremacy seg- Legis- vote, white and a achieve the regated society. Statutes, cases and the far as to re-draw lature went so municipality statements of its Governors demonstrate of Tuske- boundaries rights that the Negroes par- State’s resistance gee deny effective so as to *7 p. 30. infra Ala.Code, 14, See 102. Tit. 360-361. §§ 38.
31. City Gadsden, These statutes under decisions of Race 9 39. Faulkner v. Supreme (1964). now be unconstitu- Rel.L.Rep. 876 tional. Gilmore, City Montgomery, Ala. v. 40. 52, 24, 33, 36, 44(1), 45, 49, 32. Title §§ 1960, F.2d 364. 5 277 Cir. 52, 61(8), 454, 297, 335, 339, 452, 443, Library Board, Montgomery 41. Cobb v. 455, 455(3), 466, 519, 573, 590, 591, 613 M.D.Ala.1962, F.Supp. 880. 207 (1), 451(8). 1935, Alabama, 294 42. Norris v. State of 48, 196, (train stations); 33. Title § §§ 186 1074; 579, 587, L.Ed. 79 U.S. 55 S.Ct. (train coaches); (31a-31e) 197 301 § 1935, Alabama, v. 294 Patterson State (bus buses; (criminal stations and § 464 1082; 600, 575, L.Ed. U.S. 55 S.Ct. 79 penalty). Rogers Alabama, 1903, v. State of 192 U. Ala.Code, (1940). 45,
34. Tit. 248 § 226, 257, 417; 24 L.Ed. S. 48 Seals 53; 1962, Wiman, Ala.Code, 46, (1940). v. 5 Cir. 304 F.2d 35. Tit. § 189 M.D.Ala., Johnson, Mitchell v. F. 250 Ala.Code, 45, 52, 121, 122, 123, 36. Tit. §§ Supp. 18, 117, decided Jan. 1966: White 12, 183, 248; Tit. § 188. 401, M.D.Ala., Crook, F.Supp. v. 251 de Ala.Code, 44, 7, 37. Tit. § 10. cided Feb. 1966. 102 ticipation government43 by joint their local In 1943 both resolu- houses year
Just Negroes urged fight last in an effort to exclude' the State’s Senators to participation vigorously Congress anti-poll from government, Legislature passed legislation. They the reason resolved as fighting legislation:49 proposed racially gerrymandered reapportionment scheme.44 throughout years “WHEREAS, since Reconstruction has there Supreme opinion Court’s in 1954 friendly an amicable and relation- segregation schools un- ship between the two races in the 45 constitutional was declared “as a mat- South, agita- and the continuous ter of null and and of void no ef- creating tion from outside sources is fect” both houses the Alabama hostility, greatly bitterness and Legislature Legislature, in 1956.46 The people, the detriment of our both succeeding as well Governors, con- black, creating white and racial dis- tinued publicly denounce the Brown regretted turbances much at decision with disapproval statements of any time, particularly but so in time and determined resistance.47 war, preventing and is the order- ly problems solution our in a man- Legislature The declarations of the it- assuring lasting justice ner to both recognized self the racial character of races.” 1942, this tax. when the Senate of coming large Negro With the scale considering the United was States anti- registration, voter the State mustered the legislation, both houses office, combined forces of the Governor’s Legislature passed State of Alabama sovereignty Commission, the State strong commending resolution its Sena- Department Education, and the Congress mag- tors in the for48 “their Department Safety Alabama of Public fight against nificent the measure now encourage persons register white pending Congress which is calculated pay vote and to tax.50 Ala- destroy Law, upset our Poll Tax our Troopers 600,- bama State distributed holding methods of elections and serious- 000 message brochures entitled “A from ly friendly affect the relations now exist- George white, Governor C. Wallace” ing Negro, between the January races.” but not schools between Lightfoot, 1960, 43. today.” Gomillion v. fice and there is none Address 125, 110. Session, January 81 S.Ct. 5 L.Ed.2d to Joint 1963. Gov enjoined personally ernor Wallace was Baggett, M.D.Ala.1965, 44. F. Sims v. interfering with school and uni Supp. 96. versity desegregation on two occasions. Education, 1954, 45. Brown v. Board of Wallace, D.C., 1963, United States L.Ed. 873. 74 S.Ct. 290; F.Supp. United States Wal lace, D.C., 1963, F.Supp. 485. p. Alabama, 46. Acts of Vol. again 8, adopted 48. Both condemned the House Joint Resolution No. Houses Brown decision in Act of November No, 2, p. (1963), Vol. and re- Joint Senate Resolution No. June voluntarily solved not “to submit integration *8 3, 1943. in 1963. of our schools” 23, January House Joint Resolution Stipulation 50. No. 5 in this case. last Patterson his 1963. Governor Legislature message Stipulation case, stated: No. 5 in this At- integration (Statement Howell). “There when I took was no of- tachment D of Eli 20, 1966, pending January than two while this case was before this less Court. The brochure is as follows: tax deadline and weeks before
A
MESSAGE FROM TAXES POLL TOPAY
WHEN registered to already are you If by Feb* vote, pay your you must
ruary 1966. after vote register to you If up poll tax pay your 1, you may February prior days to an election. to 45 oge and years of over Persons have service wartime veterans of Judge your tox. Check pay relating to the questions Probate GOVERNOR tax. GEORGEC. WALLACE vote for Register and Freedom's by: Endorsed Sake. Dr. Austin R. Meadows Superintendent
Education
WHENTO REGISTER Governor’sOffice
Montgomery,Alabama DearStudent: Registrars County All Boards Jefferson,
— except Calhoun,Etowah, great privilege help Madison,Mobile,Morganand Tuscaloosa protect our nation and our freedoms - days session will be in counties voting. days 10, 1966, and January starting starting January Please your ask members family older, age years they reg- if have The seven counties named to vote and they paid istered if hove special your local schedules. Check poll tax. dotes Registrars additional Board they register after will voters on which year order to vote this cit- January. registered izen must must paid you please his tax. Will take Register today In 1966a vote message yourparents. home
Sincerely yours, George C. Wallace Governor *9 tory by application explanations the serve to the
The tendered eliminate inconsistency allegedly pamphlets the for its to distribute between failure valid clearly Negro specious. present poll tax motivation and the exemptions. at Thus, schools are an unknown number white citi- of Alabama will be able to vote this zens passage Even after the the segre-
year utilized because the its Voting Rights Act the State Alabama gated persons schools to remind white to poll has continued tax to administer the pay poll the tax. If this Court does not discriminatory mag- fashion, in a further intervene, failure to dis- State’s nifying injustices. its Tax collectors ac- Negroes would tribute the brochures many privileges cord ac- whites not mean that some of them would lose the Negroes. corded to In some counties right poll Even to vote in 1966. if the acquaintances and friends of the tax col- injunction valid, were tax no limited to personal lector receive poll notice that their discriminatory administration of such counties, tax In is due. other tax poll tax in future can aid those payment accept collectors from friends Negroes through inadvertence and they when see them col- outside tax message failure receive the Governor’s agree by office, phone lector’s or to make pay poll failed to tax. receipts payment out receive next they County person, permit pay- time Wilcox see the or when no Negroes yet registered persons. ment prac- had become third Since these voters, tices are Tax Collector testified that he restricted friends of tax not look tax collectors and did at the or the since the tax collectors are records, Judge Negro not on the Probate intimate terms as said with the community, everybody practices permitted place great- was vote whether these Negroes paid. er not the burden on tax had been than on was whites. passage Voting not until question is Amendment Fifteenth Rights Act of 1965 that abridges whether the Alabama voting precondition taxes became a right account of race.53 County. Wilcox As Court said in compels the The evidence in this record Baggett,52 long history “The Sims pur- conclusion that it does. When the Negroes’ struggle to obtain the voting pose require- a state and effect of trumpeted to vote in has Negroes abridge ment is before the Federal Courts this State race, of their re- to vote on account ** * great in ignores detail. If this court quirement the Fifteenth Amend- violates long history of racial dis ment and stand. Louisiana v. cannot Alabama, prove crimination in it will States, United justice both blind deaf.” We 709; S.Ct. L.Ed.2d Guinn indifference, would be blind with not im States, 1915, United partiality, and deaf with intentional dis injunction 59 L.Ed. regard equality cries of men prayed. will therefore issue before the law. nothing subsequent There is his- Judge. JOHNSON, District tory tax that would indicate change purpose sufficient foregoing opinion in its for us to concur in the overlook express my its inherent defects. Nor would in the follow- further views injunction present ing an separate opinion. its discrimina- F.Supp. 96, curtail; tion; abridge diminish; as, at 108-109. * * off; deprive; To to cut a visit *. Significantly, Fifteenth Amendment from; formerly ‘of’, —followed “abridged” uses term as well as “de- as, rights.” abridge Web- one of his nied.” Websters New International Dic- Dictionary, tionary abridged Sec- sters New International defines as: shorter; 1959, p. Edition, “To make to shorten in dura- ond
105
Judge.
suggested,
GEWIN,
early
An
in
Circuit
decision has
dictum,
may
that “the state
condition
my opinion
in
For the reasons stated
suffrage
appropriate.”
deems
respectfully
attached
I
dissent.
hereto
277, 283,
Suttles,
v.
302
Breedlove
U.S.
205,
(1937).
208,
58
252
S.Ct.
82 L.Ed.
Judge (specially
JOHNSON, District
resolving
The Court in Breedlove—not
concurring):
process
presented
the due
in this
issue
fully justi-
case
The evidence
only
Georgia poll
case—held
requirement
that the
requires
that the
fies and
a declaration
pro
equal
did not violate the
original
purpose
in its
privileges
immu
tection clause or the
applica-
and effect and in its continued
Amend
nities clause
the Fourteenth
dis-
effect disfranchised and
However,
de
ment.
since Breedlove was
Negroes
franchises
in the exercise
during
particular
cided^—-and in
last
right
vote;
clearly
vio-
right
decade—the
to vote has received
do,
lates
Fifteenth Amendment.
recognition
leg
greater
courts and
join
Judge
therefore,
Rives in so
with
reapportionment
islatures alike. The
holding. However, my opinion,
1
cases
and the recent decision of Car
in this
fundamental
issue
case and one
rington
89,
775,
Rash,
v.
380U.S.
85 S.Ct.
reaching
prior
that should be decided
recogni
(1965), require
Ill Lincoln” of Abraham Collected Works ROSE, Plaintiff, Eiko Uehara University ed.) Rutger’s (Basler Press (August 21, Ill, page (1953), Vol. McNAMARA, Defendant. Robert S. (September 18, 1858), pages 146-7 No. Civ. A. 996-65. 1858). Douglas, “An Almanac also See 1954), District Liberty” (Doubleday page United States of Columbia. District Indeed, Federal Constitution our own 21, 1966. March adopted originally as was infected with the idea of discrimination evidenced I, Article Clause Section 3: Representatives
“Clause and di- apportioned rect Taxes shall be among the several States which Union, be included within this ac- cording respective Numbers, by adding which shall be determined to the whole Number of Per- free sons, including those bound to Serv- Years,
ice for a Term of and exclud- ing taxed, Indians not three fifths all other Persons.” (Emphasis
added) necessary enact the It was Fourteenth change ap- Amendment to mode among representatives portionment of states, and the the several Sixteenth to taxes incomes with- Amendment as apportionment. out delegates Unquestionably, some Alabama Constitutional Conven- possessed motive of discrimination against Negroes, but too has *16 changed
completely its Constitution. change Again, did so a basic beginning. I what I reiterate said Racially discriminatory or other uncon- application
stitutional Alabama’s enjoined ap- tax should be wherever it pears; applies principle and this
Chief and all the officers and Executive
agents equal with of the State force. Nothing herein said intended to con- approval
stitute a condonation racially discriminatory acts, certainly recently not the brochure distributed Executive of this Chief State. respectfully dissent.