Daniel Holcombe Thomas (August 25, 1906 – April 13, 2000) was a
United States district judge
The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
who served nearly five decades on the
.
Early life and education
Born in
Prattville,
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
, Thomas came from a family of lawyers and judges. His father was a local probate judge for
Autauga County, Alabama
Autauga County is a county located in the central portion of the U.S. state of Alabama. As of the 2020 census the population was 58,805. Its county seat is Prattville.
Autauga County is part of the Montgomery metropolitan area.
History
Auta ...
. His uncle
William Holcombe Thomas had served on the Alabama Supreme Court and another uncle, J. Render Thomas was that court's clerk; his paternal grandfather W.C. Thomas had served in the state legislature.
Daniel H. Thomas received a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
from the
University of Alabama School of Law
The University of Alabama School of Law, (formerly known as the Hugh F. Culverhouse Jr. School of Law at The University of Alabama) located in Tuscaloosa, Alabama is a nationally ranked top-tier law school and the only public law school in the sta ...
in 1928.
Legal and military careers
Thomas was in private practice in
Mobile
Mobile may refer to:
Places
* Mobile, Alabama, a U.S. port city
* Mobile County, Alabama
* Mobile, Arizona, a small town near Phoenix, U.S.
* Mobile, Newfoundland and Labrador
Arts, entertainment, and media Music Groups and labels
* Mobile ( ...
, Alabama from 1929 to 1943. He also became an assistant solicitor for
Mobile County
Mobile County ( ) is located in the southwestern corner of the U.S. state of Alabama. It is the second most-populous county in the state after Jefferson County, Alabama, Jefferson County. As of the 2020 United States census, 2020 census, its po ...
, Alabama during the
Great Depression
The Great Depression (19291939) was an economic shock that impacted most countries across the world. It was a period of economic depression that became evident after a major fall in stock prices in the United States. The economic contagio ...
(1932 to 1939). He became Mobile County's acting solicitor in 1943. Called into military service during
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, Thomas served in the
United States Navy
The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage ...
as a Lieutenant (from 1943 to 1946). He then returned to private practice in Mobile from 1946 to 1951 with Joseph Lyons and Sam Pipes as the firm of Lyons, Thomas and Pipes.
Federal judicial service
President
Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
on January 29, 1951, nominated Thomas to a seat on the
vacated by Judge
John McDuffie
John McDuffie (September 25, 1883 – November 1, 1950) was a United States representative from Alabama and a United States district judge of the United States District Court for the Southern District of Alabama.
Education and career
Born on S ...
. The
United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
confirmed Thomas's nomination on March 6, 1951, and he received his commission on March 9, 1951. For several years Judge Thomas was the only federal judge in his district, until Judge
Virgil Pittman (initially confirmed as judge for both the Middle and Southern Districts of Alabama) was reassigned solely to the Southern District. Judge Thomas served as Chief Judge from 1966 to 1971 (succeeded by Judge Pittman), and assumed
senior status
Senior status is a form of semi-retirement for United States federal judges. To qualify, a judge in the Federal judiciary of the United States, federal court system must be at least 65 years old, and the sum of the judge's age and years of servi ...
on August 25, 1971.
He became known for his personal integrity.
Selma voter registration
In April 1961 he was assigned a case brought by the U.S. Department of Justice under the Civil Rights Act of 1957 against the state of Alabama and the Dallas County voter registration office (then one man, but later led by Victor Atkins) which failed to register most black persons who wanted to vote in Selma while registering unqualified whites. The U.S. Court of Appeals for the Fifth Circuit found he should have issued the injunction, although not overturning most of Thomas' factual findings about the intolerable slowdown against the Alabama officials.
Mobile school desegregation
One of Judge Thomas' most famous (and probably frustrating) cases involved the desegregation of Mobile's schools. Mobile had more than tripled its size since World War I, and by 1962 the segregated school system was Alabama's largest, and 27,965 of the 72,696 students (over 40%) were black, although only 10% of administrators were black (though 37% of teachers and principals were black and unusual for the South, black and white teachers had the same pay scale). Shortly after the school board rejected the request of
John LeFlore on behalf of African American parents and the
NAACP
The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
for integration of Mobile County's schools, the
U.S. Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
filed suit in the U.S. District Court, contending that such racial segregation of children of service members and federal workers violated the 14th Amendment (
Brookley Air Force Base
: ''For the civil use of Brookley AFB after 1969, see: Mobile Downtown Airport''
Brookley Air Force Base is a former United States Air Force base located in Mobile, Alabama. After it closed in 1969, it became what is now known as the Mobile Aerop ...
on Mobile's southern border was one of the largest federal installations in the country). Soon, LeFlore accompanied four black students who attempted transfer to
Baker High School in Mobile County west of the city, and were denied, so the NAACP lawyers filed ''Birdie Mae Davis et al v. Board of School Commissioners of Mobile County'' on March 27, 1963. The local NAACP lawyers were Vernon Z. Crawford and Clarence E. Moses, assisted by
Derrick Bell
Derrick Albert Bell Jr. (November 6, 1930 – October 5, 2011) was an American lawyer, professor, and civil rights activist. Bell worked for first the U.S. Justice Department, then the NAACP Legal Defense Fund, where he supervised over 300 schoo ...
and
Constance Baker Motley
Constance Baker Motley (September 14, 1921 – September 28, 2005) was an American jurist and politician, who served as a Judge of the United States District Court for the Southern District of New York.
A key strategist of the civil rights mov ...
of the
NAACP Legal Defense Fund
The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City.
LDF is wholly independent and separate from the NAACP. Altho ...
in New York City.
The lawsuits were initially upstaged by nonviolent demonstrators led by Rev. Martin Luther King Jr., but Judge Thomas held a hearing on April 24, 1963 and required the school board to submit a desegregation plan. School officials argued that they could not prepare a desegregation plan by that fall, because the schools were massively overcrowded and 14 new schools with more than 300 classrooms were under construction. Judge Thomas thus denied the parents' request for immediate relief, but after another hearing on November 14 again ordered a desegregation plan, but for the 1964-1965 school year. The parents appealed and weeks after Governor
George Wallace
George Corley Wallace Jr. (August 25, 1919 – September 13, 1998) was an American politician who served as the 45th governor of Alabama for four terms. A member of the Democratic Party, he is best remembered for his staunch segregationist and ...
tried to defy a desegregation order for the
University of Alabama at Birmingham
The University of Alabama at Birmingham (UAB) is a Public university#United States, public List of research universities in the United States, research university in Birmingham, Alabama. Developed from an academic extension center established i ...
, a divided 5th Circuit panel in July ordered Mobile's school board to start desegregation that fall. Justice
Hugo Black
Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. A ...
refused the school board's request for a stay.
Mobile's School Board then proposed that only the 12th grade in Mobile City be desegregated that year, with additional grades in later years. Judge Thomas approved the plan, but after the white Mobile Citizens Council held a rally at which former Birmingham mayor
Arthur Hanes and Montgomery's Leonard Wilson preached resistance, only two black students were scheduled to attend formerly all-white
Murphy High School Murphy High School may refer to:
* Murphy High School (Alabama), United States
* Murphy High School (North Carolina)
Murphy High School (MHS) is a public high school in Murphy, North Carolina, it serves grades 9–12 and is one of only three ...
. However, when they appeared, they and their lawyers were greeted by the Highway Patrol's Chief, who read Governor Wallace's Executive Order No. 12 forbidding desegregation in Birmingham, Mobile and Tuskegee.
Judge Thomas and four other federal district judges from Alabama soon ordered Wallace to stop interfering, but Wallace instead tried to replace the state troopers at the schools with national guardsman. However, President John F. Kennedy nationalized the troops and they withdrew, allowing Henry Hobdy and Dorothy Davis to attend classes at
Murphy High School Murphy High School may refer to:
* Murphy High School (Alabama), United States
* Murphy High School (North Carolina)
Murphy High School (MHS) is a public high school in Murphy, North Carolina, it serves grades 9–12 and is one of only three ...
on September 10, 1963, unlike the protests at one Birmingham school. However, the following day some students chanted protests at Murphy High and the White Citizens Council promised to pay protesters' court costs. Moreover, after about 40 white Citizens Council members protested at the school board meeting, and the board voted to bar news media from the campus, the following day's larger protests led to arrests. City commissioners
Joseph N. Langan (a Democrat) and
George E. McNally
George Edward McNally (December 24, 1923 — December 16, 1987) was an American lawyer, soldier, politician and bureaucrat. Born and educated in Illinois, he became a community leader in Mobile, Alabama and its first Republican mayor electe ...
(a Republican) lectured 54 detained students about breaking the law. The desegregation case in Judge Thomas' courtroom continued (trial began November 14, 1963 a week before President Kennedy's assassination), but incidents at Murphy High continued through the school year, and more conservatives won in the local November 1963 elections.
On June 18, 1964, the
Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts in the following United Stat ...
ordered the Mobile school board to proceed more swiftly, citing ''Armstrong v. Birmingham,'' so on July 31, Judge Thomas accepted the school board's new "freedom of choice" plan, which would continue until 1968, despite several appeals by the parent plaintiffs, as well as modifications by Judge Thomas. That fall 32 African American pupils (out of approximately 31,000 black students in the school system) attended nine formerly all-white schools. In May 1966, the U.S. Department of Education threatened to withdraw federal school aid because of the slow pace of desegregation, but Governor Wallace asked the state legislature to allocate funds to any school district facing such federal cutbacks. On August 16, 1966, the Fifth Circuit again reversed Judge Thomas, ruling against what it saw as the board's racially segregated feeder pattern.
By June 1967, the U.S. Department of Justice intervened in the ''Birdie Mae Davis'' case, so Judge Thomas held further hearings and in August modified the freedom of choice plan. Thus as the 1967 school year began in September, 692 black students in Mobile attended 28 formerly white schools. On March 13, 1968, the Fifth Circuit again reversed Judge Thomas, Judge
Homer Thornberry
William Homer Thornberry (January 9, 1909 – December 12, 1995) was an American politician and judge. He served as the United States representative from the 10th congressional district of Texas from 1949 to 1963. From 1963 to 1965 he was a j ...
noted that two-thirds of the county's schools remained totally segregated. However, less than a month later, Dr. Martin Luther King was assassinated, and riots ensued in Mobile (as in other cities). Moreover, May 26, 1968, the U.S. Supreme Court issued
Green v. County School Board of New Kent County
''Green v. County School Board of New Kent County'', 391 U.S. 430 (1968), was an important Supreme Court of the United States, United States Supreme Court case involving school desegregation. Specifically, the Court dealt with the Freedom of Choic ...
, which found against Virginia's "freedom of choice" plan.
Judge Thomas held further hearings in July, but his opinion and decree of July 29, 1968 allowed the freedom of choice plan to continue in rural parts of Mobile County. Both the plaintiffs and U.S. Justice Department appealed. In its April 1968 order, the Fifth Circuit had required the district court to oversee school construction, but on March 14, 1969 allowed expansion to the all-black
Toulminville High School. In 1968 3,484 black students attended formerly white schools and 253 white students were assigned to formerly black schools, so in April 1969 Judge Thomas ordered the desegregation plan continued for another year, including the freedom of choice in the rural areas.
However, on June 3, 1969, the Fifth Circuit again reversed Judge Thomas and directed him to consult with the U.S. Department of Education, as well as continued an injunction against renovating Howard Elementary and Toulminville High schools. When the HEW plan called for busing between the inner city and suburbs, the ''Mobile Register'', long aligned against desegregation, covered many objectors, including U.S. Representative
Jack Edwards and Sen.
James Allen. Judge Thomas rejected forced busing for schools west of
I-65
Interstate 65 (I-65) is a major north–south Interstate Highway in the central United States. As with most primary Interstates ending in 5, it is a major crosscountry, north–south route, connecting between the Great Lakes and the Gulf ...
, and ordered the school board to prepare a new plan. The NAACP and Justice Department appealed, and many dissenters attended the school board meetings. Protests accompanied the start of the next school year, and some called for boycotts. Nonetheless, the Fifth Circuit affirmed Judge Thomas's August 1 order on December 1, 1969, only to be reversed by the U.S. Supreme Court on January 14, 1970. Judge Thomas issued an order on January 31, 1970, which he acknowledged would please no one. On March 4, 1971, the Alabama legislature defied the federal courts by passing a Freedom of Choice act, and soon the Mobile School Board announced it would not follow Judge Thomas' order.
On June 8, 1970 the Fifth Circuit again reversed Judge Thomas' order, having consolidated 13 desegregation cases in ''Singleton v. Jackson''. It noted that the traditionally black schools east of I-65 were still not desegregated, and also required judges to oversee all school construction, consolidation and site selection to prevent recurrence of the dual school structure. Thus Judge Thomas issued several orders on June 12 to comply with the appellate court's direction. The School Board appealed to the U.S. Supreme Court and Gov. Wallace spoke defiantly at Mobile's Labor Day celebration. The new school year began with low attendance, and several brawls and arrests. The U.S. Supreme Court accepted the school board's appeal as a companion to
Swann v. Charlotte Mecklenburg, and Chief Justice Burger issued its decision on April 20, 1971, allowing courts to order busing. Schools opened in September 1971 with busing, but no significant disruption.
[Pride thru p. 115]
Upon assuming senior status on August 25, 1971, Judge Thomas transferred the Mobile desegregation case to Judge
William Brevard Hand
William Brevard Hand (January 18, 1924 – September 6, 2008) was a United States district judge of the United States District Court for the Southern District of Alabama.
Early life and education
Born in Mobile, Alabama, where his father, Char ...
. However, he continued to receive and hear other cases for nearly three decades on his decreased workload.
Death and legacy
Thomas died on April 13, 2000, in Mobile. He is buried in historic Spring Hill Cemetery, which had been annexed to Mobile city in the 1960s.
See also
*
List of United States federal judges by longevity of service
This is a list of Article III United States federal judges by longevity of service. The judges on the lists below were presidential appointees who have been confirmed by the Senate, and who served on the federal bench for over 40 years. It includ ...
References
Sources
*
{{DEFAULTSORT:Thomas, Daniel Holcombe
1906 births
2000 deaths
People from Prattville, Alabama
University of Alabama School of Law alumni
Judges of the United States District Court for the Southern District of Alabama
United States district court judges appointed by Harry S. Truman
20th-century American judges
United States Navy officers
20th-century American lawyers