Sims v. Frink, Civ. A. No. 1744-N.
| Decision Date | 14 April 1962 |
| Docket Number | Civ. A. No. 1744-N. |
| Parties | M. O. SIMS, Fred A. Beam, Wylie Johnson, G. R. Southard, Miles S. Lee, Paul Friedman, Wm. Lindsay Williams, William P. Shaw, Jr., Prentice W. Thomas, Richard D. Tannehill, Paul M. Byrne, David R. Baker, Charles Morgan, Jr., and George Peach Taylor; Intervenors: R. E. Farr, Marshal Meadows, Jack Hopping, Jack Ryan, and Max W. Morgan, Plaintiffs, v. Bettye FRINK, Secretary of State of the State of Alabama; Harrell Hammonds, Judge of Probate of Lowndes County, Alabama; John A. Sankey, Judge of Probate of Montgomery County, Alabama; J. Paul Meeks, Judge of Probate of Jefferson County, Alabama; C. O. Vardaman, Chairman of the Alabama State Republican Executive Committee; O. P. Drake, Secretary of the Alabama State Republican Executive Committee; Sam Engelhardt, Chairman of the Alabama State Democratic Executive Committee; H. G. Rains, Secretary of the Alabama State Democratic Executive Committee; MacDonald Gallion, Attorney General of the State of Alabama, Defendants. |
| Court | U.S. District Court — Middle District of Alabama |
Charles Morgan, Jr., George Peach Taylor, Robert M. Loeb, and Kenneth Howell, Birmingham, Ala., for all plaintiffs except intervenors.
Cooper, Mitch & Crawford, Birmingham, Ala., for intervenors.
Boswell & Smith, Geneva, Ala., for defendant Harrell Hammonds.
Roy D. McCord, Gadsden, Ala., and H. G. Rains, Guntersville, Ala., for defendants Sam Engelhardt and H. G. Rains.
MacDonald Gallion, Montgomery, Ala., Bettye Frink, and J. Paul Meeks, pro se.
No appearances were filed for defendants John A. Sankey, C. O. Vardaman and O. P. Drake.
Before RIVES, Circuit Judge, and THOMAS and JOHNSON, District Judges.
In the order setting for a hearing plaintiffs' application for interlocutory injunction, we expressed the view that Section 2284 of Title 28 United States Code placed upon this Court the mandatory duty to set the application for a hearing "at the earliest practicable day." The same principle, together with the importance of the case and the necessity for some effective action within a limited time, requires an early announcement of our views.
We remain of the same opinion that was expressed in the order setting the application for hearing, viz.: until the Legislature has had a further reasonable but prompt opportunity to comply with its duty under Sections 199 and 200 of the Constitution of Alabama, this Court should take no action not absolutely essential for the protection of the constitutional rights asserted in the complaint; and no ruling before the primary elections of May 1962 appears essential.
The application for interlocutory injunction pertains to the conduct of both the primary elections of May 1962 and the general election of November 1962. That application is therefore continued and re-set for hearing at 10 o'clock a. m. on Monday, July 16, 1962. The hearing cannot be set for a much later date because, if this Court is to act effectively, some action must be taken in ample time before the general election of November 1962.
For the guidance of counsel and for such aid as we may be in solving the troublesome but important subject of this litigation, we make the following additional remarks:
(1) Under the opinion of the Supreme Court of the United States in Baker v. Carr, 82 S.Ct. 691, decided March 26, 1962, it seems clear to us that: (a) this Court has jurisdiction of the present action; (b) the complaint as amended states a justiciable cause of action; (c) the plaintiffs have standing to challenge the Alabama apportionment statutes.
(2) We have no disposition to discourage the introduction of evidence by any party, and in the ordinary case our opinion as to whether the plaintiffs will be entitled to appropriate relief should await the introduction of evidence. However, we take judicial notice of the same facts which are well known to the Justices of the Supreme Court of Alabama and to the people of this State, as expressed on two different occasions in opinions of the Justices.
To continue reading
Request your trial
-
Reynolds v. Sims Vann v. Baggett Connell v. Baggett
...the case, together with the necessity for effective action within a limited period of time, required an early announcement of its views. 205 F.Supp. 245. Relying on our decision in Baker v. Carr, the Court found jurisdiction, justiciability and standing. It stated that it was taking judicia......
-
Lucas v. General Assembly of State of Colorado
...root in reason. See, e.g., Sobel v. Adams, D.C., 208 F.Supp. 316, 214 F.Supp. 811; Thigpen v. Meyers, D.C., 211 F.Supp. 826; Sims v. Frink, D.C., 205 F.Supp. 245, 208 F.Supp. 431; W.M.C.A., Inc., v. Simon, D.C., 208 F.Supp. 368; Baker v.Carr, D.C., 206 F.Supp. 341; Mann v. Davis, D.C., 213 ......
-
Wright v. Rockefeller
...184 A.2d 715 (upper house). Others have found the apportionment statutes in conflict with the state constitution: Sims v. Frink, 205 F.Supp. 245 (M.D.Ala. April 14, 1962) (Statutory Court); Harris v. Shanahan, No. 90,476, Dist. Ct. Shawnee County, Kan., May 31, 1962; State ex rel. Lein v. S......
-
Lisco v. Love
...S.D.Fla., 208 F.Supp. 316, 321, 323, Id., D.C., 214 F.Supp. 811: Thigpen v. Meyers, W.D.Wash., 211 F. Supp. 826, 831; Sims v. Frink, M.D. Ala., 205 F.Supp. 245, Id., D.C., 208 F.Supp. 431, 439, probable jurisdiction noted June 10, 1963, Reynolds v. Sims, 374 U.S. 802, 83 S.Ct. 1692, 10 L.Ed......