Alsup v. Mayhall
Decision Date | 22 August 1962 |
Docket Number | Civ. A. No. 2822. |
Citation | 208 F. Supp. 713 |
Parties | S. A. ALSUP, Plaintiff, v. Roy MAYHALL, Individually and as Chairman of the Democratic Executive Committee of the State of Alabama, Bettye Frink, Individually and as Secretary of the State of Alabama, and MacDonald Gallion, Individually and as Attorney General of the State of Alabama, Defendants. |
Court | U.S. District Court — Southern District of Alabama |
M. A. Marsal, Mobile, Ala., for plaintiff.
Gordon Madison, Asst. Atty. Gen., Montgomery, Ala., for Bettye Frink and MacDonald Gallion.
Frank J. Mizell, Jr., Montgomery, Ala., for Roy Mayhall.
Before RIVES, Circuit Judge, THOMAS and JOHNSON, District Judges.
S. A. Alsup, a resident citizen of Mobile County, Alabama, files a petition seeking a declaratory judgment and injunctive relief against the defendants, Roy Mayhall, as Chairman of the Democratic Executive Committee for the State of Alabama, Bettye Frink, as Secretary of State for the State of Alabama, and MacDonald Gallion, as Attorney General for the State of Alabama.
To the petition, each of the defendants moves to dismiss. These several motions to dismiss are based, generally, upon the grounds: first, that the Court lacks jurisdiction; and second, that the petition fails to allege any facts that necessitate or justify a declaratory judgment or injunction.
The Legislature of the State of Alabama in "Act 154" (Senate Bill 224) enacted into law in 1961 what is commonly known and referred to as the "9-8 Bill," regulating elections held for the purpose of nominating candidates for and election of representatives in Congress. This bill was and is designed to cope with the fact that the State of Alabama, effective January 1963, will have its congressional representation reduced from nine to eight members by reason of the allocation of those representatives based upon the 1960 federal census. The Legislature of the State of Alabama, being unable to agree upon any plan redistricting the State from nine to eight districts, sought to cope temporarily with the problem in "Act 154" (Senate Bill 224) as follows:
Petitioner claims that the method of selecting congressional representatives prescribed by "Act 154" (Senate Bill 224) violates his rights as a citizen of the United States and particularly violates his rights as guaranteed by the Fifth and Fifteenth Amendments to the Constitution of the United States. The Act quite obviously does not violate either the Fifth or Fifteenth Amendments to the Constitution. The Fifth Amendment is a prohibitory amendment directed toward the federal government and not the states. Palko v. Connecticut, 302 U.S. 319, 58 S.Ct. 149, 82 L.Ed. 288. Insofar as the Fifteenth Amendment is concerned, there is no allegation and no showing that the petitioner is a member of the Negro race or any other minority racial group. As a matter of fact, this Court knows that the contrary is true; therefore, the Fifteenth Amendment is not applicable in this instance. Terry v. Adams, 345 U.S. 461, 73 S.Ct. 809, 97 L.Ed. 1152. The pleadings (particularly the amendment to the complaint) and arguments in this case reflect that the real basis for the complaint is that there has been an alleged unequal or discriminatory treatment accorded the petitioner in violation of the Fourteenth Amendment to the Constitution of the United States. Plaintiff contends among other things (1) that the Alabama...
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Holshouser v. Scott, Civ. A. No. C-24-G-70.
...electorate may override the choice of the circuit in no way offends the principles of Baker v. Carr and its progeny. See Alsup v. Mayhall, S.D.Ala. 1962, 208 F.Supp. 713. "Secondly, even assuming some disparity in voting power, the one man-one vote doctrine, applicable as it now is to selec......
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...judge panel of this court. Jansen v. Alabama, ex rel. Downing (Jan. 18, 1962), 273 Ala. 166, 137 So.2d 47; Alsup v. Mayhall (Aug. 22, 1962), U.S.D.C.S.D.Ala., 208 F.Supp. 713; White v. Frink (Oct. 1, 1962), 274 Ala. 49,1 145 So.2d 435. The act was held valid by all three decisions, but such......
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Boineau v. Thornton
...some other alternative. Our conclusion finds support in the few cases in which a similar problem has been considered. In Alsup v. Mayhall, S.D., Ala., 208 F.Supp. 713, a statutory District Court of three judges approved an Alabama statute requiring each voter in a congressional election at ......
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Stokes v. Fortson
...may override the choice of the circuit in no way offends the principles of Baker v. Carr and its progeny. See Alsup v. Mayhall, S.D.Ala., 1962, 208 F. Supp. 713. Secondly, even assuming some disparity in voting power, the one man-one vote doctrine, applicable as it now is to selection of le......