Gomillion v. Lightfoot
Decision Date | 15 September 1959 |
Docket Number | No. 17589.,17589. |
Parties | C. G. GOMILLION et al., Appellants, v. Phil M. LIGHTFOOT, as Mayor of the City of Tuskegee, et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
Fred D. Gray, Montgomery, Ala., Arthur D. Shores, Birmingham, Ala., Robert L. Carter, New York City, for appellants.
James J. Carter, Thomas B. Hill, Jr., Montgomery, Ala., Harry D. Raymon, Tuskegee, Ala., Hill, Hill, Stovall & Carter, Montgomery, Ala., for appellees.
Before JONES, BROWN and WISDOM, Circuit Judges.
The Legislature of Alabama passed a statute which changed the boundaries of the City of Tuskegee in Macon County of that State, Acts 1957, p. 185. The boundary changes reduced the area of the municipality. The plaintiffs, appellants here, are Negroes. They brought a class suit in the District Court for the Middle District of Alabama against the Mayor, the members of the City Council, and the Chief of Police of the City of Tuskegee, and the members of the Board of Revenue, the Sheriff, and the Judge of Probate of Macon County, and the City of Tuskegee, alleging that as a result of the realignment of the boundaries most of the Negroes who had formerly lived in the City and substantially all of the Negroes who had been qualified to vote in City elections would no longer reside within the City. No white person residing in the City as previously constituted was excluded from it by the Act. The named plaintiffs, Negroes who had resided within the City limits as they formerly existed but beyond those limits as they are redefined by the statute, for themselves and others of such class, assert in their complaint that they have been deprived of police protection and street improvements, and have been denied the right to vote in municipal elections and participate in the municipal affairs of Tuskegee. It was averred that the purpose of the passage of the statute was to deny and deprive the plaintiffs of the right of franchise and other rights and privileges of citizenship of the City of Tuskegee.
By the prayer of the complaint the plaintiffs asked for a declaration that the Legislative Act, as applied to the plaintiffs, is in violation of the due process and equal protection clauses of the Fourteenth Amendment and of the Fifteenth Amendment. Temporary and permanent injunctions were sought to restrain the defendants from enforcing the statute as to the plaintiffs and those similarly situated, and from denying them the right to participate in municipal elections and to be recognized and treated as citizens of the City of Tuskegee. The defendants filed a motion to dismiss upon the grounds, variously stated, that the courts of the United States cannot inquire into the purpose of enacting or interfere with the carrying out of State legislation fixing the boundaries of municipalities within the State; and that the suit was, in substance, one against the State of Alabama which these plaintiffs could not maintain. The district court granted the motion to dismiss and in its opinion discussed the questions presented, and thus stated its conclusions:
"Thus this Court must now conclude that regardless of the motive of the Legislature of the State of Alabama and regardless of the effect of its actions, in so far as these plaintiffs\' right to vote in the municipal elections is concerned, this Court has no authority to declare said Act invalid after measuring it by any yardstick made known by the Constitution of the United States. This Court has no control over, no supervision over, and no power to change any boundaries of municipal corporations fixed by a duly convened and elected legislative body, acting for the people in the State of Alabama". 167 F.Supp. 410.
The Court entered a judgment dismissing the action upon the ground that the complaint failed to state a claim against the defendants upon which relief could be granted, and for lack of jurisdiction. From this judgment the plaintiffs have appealed.
A general statement of the powers of States over municipal corporations has been made in these words:
1 Cooley\'s Constitutional Limitations, 8th Ed., 393 et seq.
To this rule Professor Cooley notes exceptions but none are here pertinent. A portion of the language above has been quoted with approval by the Supreme Court. Town of Mount Pleasant v. Beckwith, 100 U.S. 514, 529, 25 L.Ed. 699. With fewer words it has been said:
"The power to create or establish municipal corporations, to enlarge or diminish their area, to reorganize their governments or to dissolve or abolish them altogether is a political function which rests solely in the legislative branch of the government, and in the absence of constitutional restrictions, the power is practically unlimited." 37 Am.Jur. 626, Municipal Corporations, § 7.
In an often cited opinion the Supreme Court has thus pronounced governing principles:
Hunter v. City of Pittsburgh, 207 U.S. 161, 28 S.Ct. 40, 46, 52 L.Ed. 151. See City of Pawhuska v. Pawhuska Oil & Gas Co., 250 U.S. 394, 39 S.Ct. 526, 63 L.Ed. 1054; City of Trenton v. State of New Jersey, 262 U.S. 182, 43 S.Ct. 534, 67 L.Ed. 937, 29 A.L.R. 1471.
In a leading Florida case it is stated:
State ex rel. Davis v. City of Stuart, 97 Fla. 69, 120 So. 335, 341, 64 A.L. R. 1307.
It is a general rule that the "power of increase and diminution of municipal territory is plenary, inherent and discretionary in the Legislature, and, when duly exercised, cannot be revised by the courts." Cooley on Municipal Corporations 106 § 32. See 16 C.J.S. Constitutional Law § 145, p. 706; Cooley's Constitutional Limitations, supra; State ex rel. Davis v. City of Stuart, supra.
It is not claimed that any provision of the State Constitution is violated. The Alabama Constitution expressly recognizes the legislative power of "altering or rearranging the boundaries" of municipalities. Ala.Const.Sec. 104(18); Ensley v. City of Simpson, 166 Ala. 366, 52 So. 61; State ex rel. Brooks v. Gullatt, 210 Ala. 452, 98 So. 373. Should it be contended that a state constitutional question is presented, such...
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