Seals v. Quarterly County Court of Madison County, Tenn., 73-1673.

Decision Date23 April 1974
Docket NumberNo. 73-1673.,73-1673.
Citation496 F.2d 76
PartiesRev. William SEALS et al., Plaintiffs-Appellants, v. The QUARTERLY COUNTY COURT OF MADISON COUNTY, TENNESSEE, et al., Defendants-Appellees.
CourtU.S. Court of Appeals — Sixth Circuit

William E. Caldwell, Memphis, Tenn., for plaintiffs-appellants; Ratner, Sugarmon & Lucas, Memphis, Tenn., Nathaniel R. Jones, New York City, on brief.

Hewitt P. Tomlin, Jr., Waldrop, Hall, Tomlin & Farmer, Jackson, Tenn., for defendants-appellees.

Before PHILLIPS, Chief Judge, and WEICK and MILLER, Circuit Judges.

PHILLIPS, Chief Judge.

This action was filed by a group of black citizens of Madison County, Tennessee, attacking a plan providing for election from the county at large of all members of the county's governing body, known in Tennessee as the Quarterly County Court.

Approximately 30 per cent of the population of Madison County is black. Plaintiffs assert that the equal protection and voting rights of black citizens guaranteed by the Fourteenth and Fifteenth Amendments are violated because the county-wide plan minimizes and cancels out the voting strength of black citizens, denies them effective representation on the Quarterly County Court and discourages them from voting.

Relying upon Whitcomb v. Chavis, 403 U.S. 124, 91 S.Ct. 1858, 29 L.Ed.2d 363 (1971), the District Court held that plaintiffs had failed to carry their burden of showing any constitutional infirmity in the plan. However, the District Court retained the case until six months after the next Quarterly County Court election. Thereafter the action was dismissed with this recitation: "The Court has not heard from any of the parties concerning the matters involved in this cause, nor have we been otherwise apprised of any reason for keeping this file open." Plaintiffs then filed a motion to reopen the case, which was overruled.

Under Tennessee's local government structure, the county legislative body is the Quarterly County Court. This court is composed of magistrates, also known as justices of the peace. Although the judicial functions formerly exercised by justices of the peace now are vested in the local Courts of General Sessions, the members of the Quarterly Court continue to perform many important functions of local government. In The Redistricting Cases, 111 Tenn. 234, 253, 80 S.W. 750 (1903), the Supreme Court of Tennessee said: "It is quite impossible . . . to speak intelligently of our county organizations without bringing into view the county court, the chief organ in the expression of its political, judicial and municipal life." In the same opinion the court quoted with approval an earlier decision describing Quarterly County Courts as "miniature legislatures." 111 Tenn. at 257, 80 S.W. 750.

Traditionally in Tennessee the magistrates constituting the Quarterly County Court have been elected from the civil districts and not from the county at large. Article VI, § 15 of the 1870 Constitution of Tennessee provides that "there shall be two Justices of the Peace and one constable elected in each district, by the qualified voters . . ." A similar provision was contained in the Constitution of 1834. This traditional method of election by civil districts was followed in Madison County prior to the time the plan now under attack was adopted by resolution of the Quarterly County Court in 1968.

Under the 1968 resolution the county was redistricted into thirteen county districts, the boundaries of each district, for the purpose of voting, being the same as the boundaries of Madison County. As thus reapportioned, the Quarterly County Court consists of 27 members, one from each of the ten civil districts, 13 from the City of Jackson and four from the county at large. All candidates, even though seeking to represent a particular district or the City of Jackson, must make their races before the voters of the entire county.

Appellants complain that a black candidate, residing in a district that is predominately black, must seek election in a county-wide race where the blacks comprise only 30 per cent of the population.

The county contends that the 1968 plan was not adopted for racial motives, but only for the purpose of redistricting the county in accordance with the requirements of the "one-man, one-vote" principle. Avery v. Midland County, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45 (1968); Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964); Hyden v. Baker, 286 F.Supp. 475 (M.D. Tenn. 1968) (three-judge court). Pursuant to these decisions, the Tennessee Legislature enacted a statute requiring the Quarterly County Courts to reapportion themselves to meet the "one-man, one-vote" principle. Public Acts of 1968, ch. 599.

The District Court said: "While there is no direct evidence that racial considerations were significant in the end result, we must look to other indicia. . . ." This court agrees that the question of the validity of the reapportionment plan must be determined by the end results and practical workings of the at-large system of voting, even if the sponsors of the plan had no racial motives in adopting it.

Among the findings of fact made by the District Court are the following:

"Approximately 30% of the population of Madison County is black according to the 1970 census.1 In April of 1969, 21,829 whites had registered to vote, and only 6,446 blacks were so registered, less than 23%, and figures indicated that the proportion of black registered voters in the City of Jackson varied little from those in, the County.2 At this same time, more than 63% of the Madison County registered voters came from the City of Jackson.3 In February of 1967, prior to the reapportionment in question, more than 25% of the registered voters of Madison County were black, and about the same proportion existed in 1965.

"It was conceded at the hearing that there were none of the 31 county magistrates elected prior to 1968 who were black, and all 27 of the magistrates elected under the apportionment plan in question, voted on by all the Madison County voters were white. In November, 1968 special election there were 6 black candidates running from 5 different county districts out of a total of 82 candidates running from 10 civil districts and 13 county districts. The low vote for a successful white candidate (John P. PettyCounty District 11) was 3,338 votes, whereas the high vote among the unsuccessful black candidates was 2,614 (Ausie Brooks running from County District 8 — the City of Jackson). Had 2/3 of the Madison County registered blacks voted for Leon Batchelor, a black, in County District 13 in that election, he would have been elected without obtaining a single white vote.4 Savannah Williamson, the only black, ran 5th out of a field of 8 candidates from County District 12.5

"The plaintiffs produced evidence showing that all county officials elected by the Quarterly County Court were white (except for Notaries Public) including all five Road and Workhouse Commissioners, but all elected county officials including Sheriff, Trustee, Register and 9 Constables were also white. The County Court appoints a number of important board and commission members in conjunction with its duties and responsibilities as the `legislative body' for Madison County. (See Chapter 5, Title 5, T.C.A. § 5-501 et seq.)

* * * * * *

"Only one black has been appointed by the County Quarterly Court to any of a number of important committees or commissions, one black out of 7 members of the County Board of Education. No blacks have been appointed by the County Court to the County Library Board, the Board of Zoning Appeals, the Beer Commission, the County...

To continue reading

Request your trial
2 cases
  • Black Voters v. McDonough
    • United States
    • U.S. District Court — District of Massachusetts
    • 6 de outubro de 1976
    ...364 F.Supp. 407 (E.D.Ark.1973), vacated on other grounds, 497 F.2d 895 (8th Cir. 1974). See also Seals v. Quarterly County Court of Madison County, Tennessee, 496 F.2d 76 (6th Cir. 1974). Finally, in Kendrick v. Walder, 527 F.2d 44 (7th Cir. 1975) the Court of Appeals reversed a lower court......
  • Seals v. Quarterly County Court of Madison County, Tenn.
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 14 de setembro de 1977
    ...Judges. EDWARDS, Circuit Judge. This is the third time this voting rights case has been before this court. (See Seals v. Quarterly County Court, 496 F.2d 76 (6th Cir. 1974), and 526 F.2d 216 (6th Cir. In our 1974 opinion, we described the original issues as follows: This action was filed by......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT