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Collection Number: 04034

Collection Title: Algernon Lee Butler Papers, 1928-1978.

This is a finding aid. It is a description of archival material held in the Wilson Library at the University of North Carolina at Chapel Hill. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the World Wide Web. See the section for more information.


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Size 100.5 feet of linear shelf space (approximately 90000 items)
Abstract Algernon Lee Butler, attorney in Sampson County, N.C., 1931-1959; active member of the Republican Party; and U.S. District Judge for Eastern North Carolina, 1959-1978. Judicial files, correspondence, and other material of Algernon Lee Butler. Pre-judicial Papers, 1928-1959, include political correspondence and printed material, mostly related to Republican Party business; legal correspondence, briefs, and transcripts; correspondence and printed material regarding Butler's duties for the Clinton city schools and Sampson County government; a wide variety of writings and speeches that Butler produced on political, educational, and civic topics; and limited personal correspondence. Judicial Papers, 1959-1978, include case files, handwritten notes, legal briefs and orders, correspondence, copies of opinions, clippings, and other papers. Materials relating to school desegregation cases, civil rights cases, and the case of Jeffrey MacDonald are included.
Creator Butler, Algernon Lee, 1905-1978.
Language English
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Restrictions to Access
No restrictions. Open for research.
Copyright Notice
Copyright is retained by the authors of items in these papers, or their descendants, as stipulated by United States copyright law.
Preferred Citation
[Identification of item], in the Algernon Lee Butler Papers #4034, Southern Historical Collection, The Wilson Library, University of North Carolina at Chapel Hill.
Acquisitions Information
Received from Mrs. Algernon L. Butler, Clinton, N.C., in 1978, 1981, and 1983.
Sensitive Materials Statement
Manuscript collections and archival records may contain materials with sensitive or confidential information that is protected under federal or state right to privacy laws and regulations, the North Carolina Public Records Act (N.C.G.S. § 132 1 et seq.), and Article 7 of the North Carolina State Personnel Act (Privacy of State Employee Personnel Records, N.C.G.S. § 126-22 et seq.). Researchers are advised that the disclosure of certain information pertaining to identifiable living individuals represented in this collection without the consent of those individuals may have legal ramifications (e.g., a cause of action under common law for invasion of privacy may arise if facts concerning an individual's private life are published that would be deemed highly offensive to a reasonable person) for which the University of North Carolina at Chapel Hill assumes no responsibility.
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expand/collapse Expand/collapse Subject Headings

The following terms from Library of Congress Subject Headings suggest topics, persons, geography, etc. interspersed through the entire collection; the terms do not usually represent discrete and easily identifiable portions of the collection--such as folders or items.

Clicking on a subject heading below will take you into the University Library's online catalog.

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expand/collapse Expand/collapse Biographical Information

Algernon Lee Butler was born on 2 August 1905 in Clinton, Sampson County, N.C. The son of George Butler and Eva Lee, Algernon had two brothers, Edwin and Mossette, and one sister, Francis. George Butler and his brother Marion were both attorneys and were extremely active in the political life of North Carolina for many years. In fact, Marion Butler would become one of the founders of the Populist Party and a United States Senator from North Carolina at the turn of the century. Given this heritage, it is not surprising that Algernon Butler's life would be a mix of politics and law.

Algernon attended the Clinton public schools and worked during the summers in his father's law office. Naturally, Butler could "never recall having any question or doubt as to what I would do." He went to Trinity College (now Duke University) in 1924 but soon transferred to the University of North Carolina at Chapel Hill to study law. During his college days Algernon was associate editor of the Law Review and president of the campus Republican club.

In 1928, Algernon had completed his studies and was admitted to the bar. Joining his father's law firm that same year, he plunged into both a law practice and a political life, acting as campaign manager for his father's U.S. Senate bid in 1930 and traveling the state extensively to speak for his father. The next year he launched his own political career when he was elected to the North Carolina State House of Representatives from Sampson County. In 1932 he founded and became the state chairman of the Young Republicans of North Carolina and was a candidate for the post of Superintendent of Public Instruction for North Carolina. While the latter post eluded him, Butler did retain a life-long interest in public education and was the attorney for the Clinton School Board for some twenty years beginning in 1939.

In 1935, Butler met and married Josephine Birdwell of Clinton. The couple had three children, Algernon Jr., George, and Eva.

In the ensuing years, Algernon Butler combined a successful law practice with a continuing interest in Republican politics. He was a delegate to Republican National Conventions in 1936, 1940, and 1948 and was a member of the Republican State Executive Committee from 1942 to 1959, serving as assistant chairman from 1946 to 1950. Algernon also served as county attorney for Sampson County from 1939 to 1951 and offered himself as a candidate for the position of associate justice of the North Carolina Supreme Court in 1944 and 1952. He was unsuccessful in both races but, realizing that the chances of a Republican winning were slim, he took the losses with good grace.

In addition to his political activities during these years, Butler was active in other aspects of civic life. He served as president of the Clinton Rotary Club in 1936; president of the Sixth District Bar Association in 1953; and president of the Sampson County Bar in 1958.

In 1959, Butler was appointed by President Eisenhower to the Federal bench for the Eastern District of North Carolina, serving as chief judge from 1961 to 1975. He was senior judge from 1975 until his death.

During his tenure on the bench, Algernon Butler became most widely known for his involvement in a variety of decisions which served to desegregate North Carolina's public schools. In this vein, he presided over the first steps to desegregate schools in Raleigh and, in 1969, he ordered that it was the state's duty actively to promote desegregation. His orders for school busing in Wilmington and New Hanover County in 1971 touched off a storm of protest which frequently erupted into violence. He was also involved in several of the appeals of convicted murderer Jeffrey MacDonald. Butler also instituted a policy of merit hiring and firing for all judicial personnel.

During his later years Algernon Butler suffered from a variety of heart ailments and wore a pacemaker. On 5 September 1978, he suffered a heart attack and died in Raleigh, North Carolina. His colleagues would eulogize him as a "Judge's Judge".

(Biographical data obtained from the papers themselves, a variety of biographical reference works, and the clipping files of the North Carolina Collection, University of North Carolina at Chapel Hill.)

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expand/collapse Expand/collapse Scope and Content

The Algernon Butler Papers were received in several segments, and the arrangement reflects this division. Subgroup 1 consists of Butler's political, legal, and personal papers from 1928 until he assumed his judgeship in 1959. Included are political correspondence and printed material; legal correspondence, briefs, and transcripts; correspondence and printed material regarding Butler's duties for the Clinton city schools and Sampson County government; and a wide variety of writings and speeches Butler produced on political, educational, and civic topics. Throughout the Butler papers there is very little personal correspondence.

Subgroup 2 consists of papers relating to Judge Butler's judicial career. Included here are case files, handwritten notes, legal briefs and orders, correspondence, copies of opinions, clippings, and some personal papers. Included in Subgroup 2 are materials relating to school desegregation cases, civil rights cases, and the case of Jeffrey MacDonald.

Four cubic feet of duplicate material, printed material, and other routine materials such as bills and receipts have been discarded. The majority of discarded items are from Subgroup 1, which received more intensive processing than Subgroup 2.

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Contents list

expand/collapse Expand/collapse Series Quick Links

expand/collapse Expand/collapse 1: PRE-JUDICIAL PAPERS, 1928-1959.

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expand/collapse Expand/collapse Series 1. Political Material.

expand/collapse Expand/collapse Subseries 1.1 Correspondence, 1928-1959.

About 1,000 items.

Arrangement: chronological.

Butler's political correspondence covers a wide variety of issues including the organization and activities of the Young Republicans of North Carolina; numerous local, state, and national political issues and races of the period; and state Republican Party issues and organization. Prominent correspondents include Marion Butler, Charles Jonas, and Simeon De Lapp.

Folder 1

1928 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 1

Folder 2

1930 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 2

Folder 3-6

Folder 3

Folder 4

Folder 5

Folder 6

1931 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 3-6

Folder 7-14

Folder 7

Folder 8

Folder 9

Folder 10

Folder 11

Folder 12

Folder 13

Folder 14

1932 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 7-14

Folder 15

1933 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 15

Folder 16-17

Folder 16

Folder 17

1934 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 16-17

Folder 18

1936 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 18

Folder 19

1937 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 19

Folder 20

1938-1939 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 20

Folder 21-22

Folder 21

Folder 22

1940 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 21-22

Folder 23

1941-1943 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 23

Folder 24-25

Folder 24

Folder 25

1944 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 24-25

Folder 26

1945 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 26

Folder 27-30

Folder 27

Folder 28

Folder 29

Folder 30

1946 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 27-30

Folder 31

1947 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 31

Folder 32-40

Folder 32

Folder 33

Folder 34

Folder 35

Folder 36

Folder 37

Folder 38

Folder 39

Folder 40

1948 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 32-40

Folder 41-42

Folder 41

Folder 42

1949 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 41-42

Folder 43-46

Folder 43

Folder 44

Folder 45

Folder 46

1950 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 43-46

Folder 47-49

Folder 47

Folder 48

Folder 49

1951 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 47-49

Folder 50-54

Folder 50

Folder 51

Folder 52

Folder 53

Folder 54

1952 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 50-54

Folder 55-63

Folder 55

Folder 56

Folder 57

Folder 58

Folder 59

Folder 60

Folder 61

Folder 62

Folder 63

1953 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 55-63

Folder 64-65

Folder 64

Folder 65

1954 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 64-65

Folder 66-67

Folder 66

Folder 67

1955 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 66-67

Folder 68

1956 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 68

Folder 69

1957-1959 #04034, Subseries: "1.1 Correspondence, 1928-1959." Folder 69

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expand/collapse Expand/collapse Subseries 1.2 Printed Material, 1932-1954 and Undated.

About 65 items.

Arrangement: chronological.

A wide variety of broadsides, pamphlets, maps, and cartoons concerning the major political issues and personalities of North Carolina politics during this period. Some of the major pamphlets include "The South and the Electoral College"; "Young Republican Manual"; and "Delegates: Republican National Convention, 1948".

Folder 70

1930-1932 #04034, Subseries: "1.2 Printed Material, 1932-1954 and Undated." Folder 70

Folder 71

1933-1944 #04034, Subseries: "1.2 Printed Material, 1932-1954 and Undated." Folder 71

Folder 72

1946 #04034, Subseries: "1.2 Printed Material, 1932-1954 and Undated." Folder 72

Folder 73

1948-1955 #04034, Subseries: "1.2 Printed Material, 1932-1954 and Undated." Folder 73

Folder 74

undated (circa 1940s) #04034, Subseries: "1.2 Printed Material, 1932-1954 and Undated." Folder 74

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expand/collapse Expand/collapse Subseries 1.3 Speeches, 1928-1954.

About 100 items.

Arrangement: roughly chronological.

These are primarily texts and notes for speeches Butler delivered on a wide variety of state and national political issues. Among the issues discussed are the New Deal, desegregation, Korea, the Supreme Court, and states rights. Also included are a number of drafts of state Republican Party platforms and resolutions.

Folder 75-86

Folder 75

Folder 76

Folder 77

Folder 78

Folder 79

Folder 80

Folder 81

Folder 82

Folder 83

Folder 84

Folder 85

Folder 86

Speeches #04034, Subseries: "1.3 Speeches, 1928-1954." Folder 75-86

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expand/collapse Expand/collapse Subseries 1.4 Other Material, 1932-1954.

About 200 items.

Arrangement: by subject.

Miscellaneous political material including press releases, Republican Party platforms and resolutions; lists of state Party members and officials; proposed state platforms; plans for organizing the Young Republicans; organizational plan of the Republican Party of North Carolina; and transcripts of a variety of radio speeches delivered by North Carolina Republicans.

Folder 87-96

Folder 87

Folder 88

Folder 89

Folder 90

Folder 91

Folder 92

Folder 93

Folder 94

Folder 95

Folder 96

Miscellaneous Subjects #04034, Subseries: "1.4 Other Material, 1932-1954." Folder 87-96

Folder 97-99

Folder 97

Folder 98

Folder 99

Lists #04034, Subseries: "1.4 Other Material, 1932-1954." Folder 97-99

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expand/collapse Expand/collapse Series 2. Legal and Civic Material.

expand/collapse Expand/collapse Subseries 2.1 Correspondence, 1930-1956.

About 100 items.

Arrangement: chronological.

A wide variety of materials including letters concerning the Herring case; correspondence with Roy Wilkins of the NAACP; organization of the Institute of Government at the University of North Carolina; educational issues facing the Clinton schools; building and dedication of the Sampson County Hospital; Bar Association materials; and general Clinton school issues, particularly desegregation.

Folder 100

1930-1932 #04034, Subseries: "2.1 Correspondence, 1930-1956." Folder 100

Folder 101

1933-1947 #04034, Subseries: "2.1 Correspondence, 1930-1956." Folder 101

Folder 102

1948-1950 #04034, Subseries: "2.1 Correspondence, 1930-1956." Folder 102

Folder 103

1951-1954 #04034, Subseries: "2.1 Correspondence, 1930-1956." Folder 103

Folder 104

1955-1956 #04034, Subseries: "2.1 Correspondence, 1930-1956." Folder 104

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expand/collapse Expand/collapse Subseries 2.2 Legal and Civic Material: Printed Documents, 1930-1956.

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expand/collapse Expand/collapse Subseries 2.3 Legal and Civic Material: Writings and Speeches, 1930-1959.

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expand/collapse Expand/collapse Subseries 2.4 Miscellaneous Legal and Civic Material, 1930-1959.

About 25 items.

Arrangement: by subject.

This series includes some minutes of Bar Association meetings; an organizational plan for the Institute of Government at UNC; and notes and legal briefs from the Ernest Herring case. Also included are Sampson County Board of Education statements, and notes that contain sections produced by Butler. Finally, there is a memorandum of a symposium from a North Carolina Bar Association meeting entitled "A Lawyer Looks at Segregation".

Folder 113

School Board Materials, 1954-1959 #04034, Subseries: "2.4 Miscellaneous Legal and Civic Material, 1930-1959." Folder 113

Folder 114

Sampson County Hospital Materials, 1948-1951 #04034, Subseries: "2.4 Miscellaneous Legal and Civic Material, 1930-1959." Folder 114

Folder 115

North Carolina Bar Association; Institute of Government #04034, Subseries: "2.4 Miscellaneous Legal and Civic Material, 1930-1959." Folder 115

Folder 116

Herring Case, 1930-1931 #04034, Subseries: "2.4 Miscellaneous Legal and Civic Material, 1930-1959." Folder 116

Folder 117

Herring Case Briefs, 1931-1932 #04034, Subseries: "2.4 Miscellaneous Legal and Civic Material, 1930-1959." Folder 117

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expand/collapse Expand/collapse Series 3. Correspondence and Clippings, 1939-1959 and Undated.

About 100 items.

Arrangement: chronological.

Primarily personal family correspondence concerning routine matters. Most is from Algernon's Aunt Florence. Included in the correspondence is a letter from an Episcopal church organization condemning integration. Also included are a number of biographical data sheets Butler filled out for various publications. There is also extensive correspondence regarding biographical data for a Marion Butler historical marker.

Also included is a folder of clippings covering a wide variety of political and civic events in which Butler was involved from his law school days at UNC until he assumed his judgeship in 1959.

Folder 118

Correspondence, 1939 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 118

Folder 119

Correspondence, 1941-1943 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 119

Folder 120

Correspondence, 1944-1948 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 120

Folder 121

Correspondence, 1949-1953 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 121

Folder 122

Correspondence, 1954 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 122

Folder 123

Correspondence regarding biographical data, 1939-1951 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 123

Folder 124

Correspondence regarding Marion Butler, 1939-1952 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 124

Folder 125

Correspondence regarding Marion Butler, 1953 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 125

Folder 126

Clippings, 1928-1959 #04034, Series: "3. Correspondence and Clippings, 1939-1959 and Undated." Folder 126

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expand/collapse Expand/collapse 2: JUDICIAL PAPERS, 1959-1978.

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expand/collapse Expand/collapse Series 1. Criminal Cases, 1959-1978.

6 boxes.

Arrangement: alphabetical.

Each folder contains all the material Judge Butler retained regarding a specific case. Materials in each folder include relevant correspondence and copies of any of Judge Butler's orders regarding the case. Materials in each folder are arranged in reverse chronological order. In some folders several cases have been combined. Thus, for each letter, there is generally a folder marked "Criminal Cases Closed-B" or "Criminal Cases Closed-F," for example. These files were apparently used when there was insufficient material on a specific case to warrant a folder of its own. Most folders also have the case number.

Box 4

(30 folders) U.S. vs. Adams - Criminal Cases Closed C #04034, Series: "1. Criminal Cases, 1959-1978." Box 4

Box 5

(24 folders) U.S. vs. Curry - U.S. vs. Green #04034, Series: "1. Criminal Cases, 1959-1978." Box 5

Box 6

(27 folders) U.S. vs. Grinpas - U.S. vs. Locklear #04034, Series: "1. Criminal Cases, 1959-1978." Box 6

Box 7

(24 folders) U.S. vs. Locklear - U.S. vs. Pulliam #04034, Series: "1. Criminal Cases, 1959-1978." Box 7

Box 8

(22 folders) Criminal Cases Closed-P - U.S. vs. Smith, H. T. #04034, Series: "1. Criminal Cases, 1959-1978." Box 8

Box 9

(15 folders) Criminal Cases Closed-S-Criminal Cases Closed-Y to Z #04034, Series: "1. Criminal Cases, 1959-1978." Box 9

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expand/collapse Expand/collapse Series 2. Civil Cases, 1959-1978.

19 boxes.

Arrangement: alphabetical.

The folders in these boxes are similar in arrangement to the criminal case files. In most cases each folder contains all the relevant material Judge Butler chose to retain regarding a specific case. Materials include correspondence, briefs and orders, and, in some cases, Judge Butler's handwritten notes on the subject. Materials are arranged in reverse chronological order. Some cases have been combined in general folders marked "Closed Civil Cases-D," for example. Most folders also have case numbers.

Box 10

(26 folders) Acorn vs. Jones Knitting - Border Belt Assn. vs. Hardin #04034, Series: "2. Civil Cases, 1959-1978." Box 10

Box 11

(17 folders) Border Belt Assn. vs. Lanier - Civil Cases Closed-Bo to By #04034, Series: "2. Civil Cases, 1959-1978." Box 11

Box 12

(23 folders) C & J Tire Service vs. Coplymer Rubber - Closed Cases-C #04034, Series: "2. Civil Cases, 1959-1978." Box 12

Box 13

(15 folders) Coppege & U.S. vs. Franklin County Board of Education - Disston, Inc. vs. Carter #04034, Series: "2. Civil Cases, 1959-1978." Box 13

Box 14

(6 folders) Paul Dickson vs. J. Carlyle Sitterson* - Drucher vs. Hancock Village. *This case was the UNC-Chapel Hill "Speaker Ban" case. #04034, Series: "2. Civil Cases, 1959-1978." Box 14

Box 15

(4 folders) Rena Drum vs. Thad Eure (Sec. of State) - Rena Drum vs. Thad Eure 1966. Dealt with the constitutionality of the re-apportionment acts produced by the North Carolina state legislature in 1966. #04034, Series: "2. Civil Cases, 1959-1978." Box 15

Box 16

(16 folders) Eastern Oil Transport vs. U.S.A. ITT, et.al.- First National Bank of Smithfield vs. First National Bank of Eastern North Carolina. #04034, Series: "2. Civil Cases, 1959-1978." Box 16

Box 17

(17 folders) First Citizens Bank and Trust vs. Saxon - Flota Mercante vs. Resources International #04034, Series: "2. Civil Cases, 1959-1978." Box 17

Box 18

(21 folders) Civil Cases Closed-G - M. Harrington, et.al. vs. James Schlesinger, et.al. This suit involved several members of the U.S. Congress serving members of the Nixon administration in an attempt to halt clandestine military aid to 4 Indo-Chinese countries (1973). #04034, Series: "2. Civil Cases, 1959-1978." Box 18

Box 19

(27 folders) Hart vs. Hassell - Howard Johnson Co. vs. Henry Johnson Restaurant #04034, Series: "2. Civil Cases, 1959-1978." Box 19

Box 20

(10 folders) National Labor Relations Board (Reed Johnston) vs. Local 1426, 1LA - Kirchofer and Arnold, Inc. Bankruptcy Case #04034, Series: "2. Civil Cases, 1959-1978." Box 20

Box 21

(21 folders) Kirchofer & Arnold, Inc. Bankruptcy - Libels, closed. #04034, Series: "2. Civil Cases, 1959-1978." Box 21

Box 22

(24 folders) Locklear, et.al. vs. NC Board of Elections-Frank W. Moody, Seaman. #04034, Series: "2. Civil Cases, 1959-1978." Box 22

Box 23

(14 folders) Morehead City Shipbuilding Bankruptcy - State of NC vs. the ICC. #04034, Series: "2. Civil Cases, 1959-1978." Box 23

Box *24

(17 folders) N. C. Natural Gas Corp. vs. Seaboard Surety Co. - Cases Closed-P. In this box is material relating to the 1971 case of the U.S. vs. N.C. This case revolved around the enforcement of the 1970 Voting Rights Act. #04034, Series: "2. Civil Cases, 1959-1978." Box *24

Box 25

(31 folders) J. Paul vs. U.S. - Squires vs. Bladen County Board of Education. #04034, Series: "2. Civil Cases, 1959-1978." Box 25

Box 26

(13 folders) Washington Bankruptcy - U.S. Serviceman's Fund vs. Shands & Yarborough. #04034, Series: "2. Civil Cases, 1959-1978." Box 26

Box 27

(22 folders) Cases Closed-V - Wilson vs. N.C. State Board of Elections. #04034, Series: "2. Civil Cases, 1959-1978." Box 27

Box 28

(4 folders) Yancey vs. Collins - Cases Closed-X,Y,Z. #04034, Series: "2. Civil Cases, 1959-1978." Box 28

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expand/collapse Expand/collapse Series 3. Habeas Corpus and Civil Rights.

19 boxes.

Arrangement: alphabetical.

Each folder contains all the material Judge Butler kept pertaining to a specific civil rights or habeas corpus case in which he was involved. Folder contents include correspondence, memoranda, notes, printed material, briefs, and orders. Materials on each case are generally in reverse chronological order.

Box 29

(26 folders) Andrews vs. Ransdell - Anderton vs. Dilliner #04034, Series: "3. Habeas Corpus and Civil Rights." Box 29

Box 30

(32 folders) Baldwin vs. D. P. Henry - Brooks vs. Blackledge #04034, Series: "3. Habeas Corpus and Civil Rights." Box 30

Box 31

(23 folders) Brooks vs. Bounds - Bush vs. Bounds #04034, Series: "3. Habeas Corpus and Civil Rights." Box 31

Box 32

(11 folders) Habeas Corpus-B - L. A. Davis vs. Gen. Tolson #04034, Series: "3. Habeas Corpus and Civil Rights." Box 32

Box 33

(37 folders) S. Davis vs. State of North Carolina - W. L. Chavis vs. Dr. S. Blackledge #04034, Series: "3. Habeas Corpus and Civil Rights." Box 33

Box 34

(26 folders) J. Christmas vs. J. Scism - J. L. Edwards vs. S. P. Garrison #04034, Series: "3. Habeas Corpus and Civil Rights." Box 34

Box 35

(27 folders) S. Edwards vs. D. P. Henry (Warden) and State of NC - Giroux vs. Laird #04034, Series: "3. Habeas Corpus and Civil Rights." Box 35

Box 36

(25 folders) G. Glass vs. D. P. Henry (Warden) and State of NC - J. Howard vs. Lee Bounds #04034, Series: "3. Habeas Corpus and Civil Rights." Box 36

Box 37

(43 folders) Hargrove, J. vs. Major Ross and State of NC - J. E. Johnson vs. V. L. Bounds #04034, Series: "3. Habeas Corpus and Civil Rights." Box 37

Box 38

(23 folders) Habeas Corpus-J - E. B. Lewis vs. L. F. Dail #04034, Series: "3. Habeas Corpus and Civil Rights." Box 38

Box 39

(35 folders) E. L. Lewis vs. State of NC and Mahoney - Mabery vs. S. P. Garrison #04034, Series: "3. Habeas Corpus and Civil Rights." Box 39

Box 40

(30 folders) Fred Mabery vs. Dennis L. Jones - Moore vs. D. C. Lewis, Supt. Caledonia Prison #04034, Series: "3. Habeas Corpus and Civil Rights." Box 40

Box 41

(22 folders) Tyrone H. Moore vs. Captain Stewart - Owens vs. Mullen & Luper (Rocky Mount Police Dept.). #04034, Series: "3. Habeas Corpus and Civil Rights." Box 41

Box 42

(26 folders) Carl Parker vs. Bounds, et.al. - Habeas Corpus-Q. #04034, Series: "3. Habeas Corpus and Civil Rights." Box 42

Box 43

(27 folders) C. Pickett vs. David P. Henry - J. E. Sligh vs. State of North Carolina #04034, Series: "3. Habeas Corpus and Civil Rights." Box 43

Box 44

(30 folders) A. J. Singer vs. Gen. J. J. Tolson, etc. - Jack Edward Sykes (Roster No. 758) #04034, Series: "3. Habeas Corpus and Civil Rights." Box 44

Box 45

(17 folders) S. Tanner vs. Lt. B. F. Stokes, Supt. -Habeas Corpus-V. #04034, Series: "3. Habeas Corpus and Civil Rights." Box 45

Box 46

(32 folders) Wagoner, B.R. vs. Bounds, et.al. - Habeas Corpus-W,X,Y,Z #04034, Series: "3. Habeas Corpus and Civil Rights." Box 46

Box 47

(16 folders) R. J. Williams vs. Warden of Johnston Co. Jail - Delmar D. Young vs. Turner #04034, Series: "3. Habeas Corpus and Civil Rights." Box 47

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expand/collapse Expand/collapse Series 4. Court Terms.

12 boxes.

Arrangement: chronological within each U.S. District Court division.

These boxes contain folders, arranged chronologically, which appear to be material of a more unofficial nature. The types of material include Judge Butler's daily schedules; his personal notes on trial testimony; records of pre-trial conferences; some routine correspondence relating to court functions, ceremonies, and events; lists of grand jurors; and some indexes.

These files are arranged according to the city or "division," in which Butler was hearing cases for the U.S. District Court for the Eastern District of North Carolina. Included are cases tried in Raleigh, Wilmington, Wilson, Clinton, Fayetteville, Elizabeth City, New Bern, and Washington. Materials within the files on each division are arranged chronologically.

Box 48

(66 folders) Raleigh, Regular Term, 12 October 1959-Raleigh, 20 December 1962 #04034, Series: "4. Court Terms." Box 48

Box 49

(55 folders) Raleigh, 3 January 1963 - Raleigh, Regular Term, 29 August 1966 #04034, Series: "4. Court Terms." Box 49

Box 50

(21 folders) Raleigh, 13 April 1967 - Raleigh, 24 October 1972 #04034, Series: "4. Court Terms." Box 50

Box 51

(22 folders) Raleigh, Regular Session, 22 January 1973 - Raleigh, Probation Violator Hearings, 28 January 1977 #04034, Series: "4. Court Terms." Box 51

Box 52

(27 folders) Wilmington, Regular Term, 16 November 1959- Wilmington Session, 22 September 1969 #04034, Series: "4. Court Terms." Box 52

Box 53

(14 folders) Wilmington, Regular Session, 21 September 1970 - Wilmington, Regular Session, 19 May 1975. #04034, Series: "4. Court Terms." Box 53

Box 54

(10 folders) Wilson, Regular Term, 9 November 1959 - Wilson, Regular Session, 29 November 1971 #04034, Series: "4. Court Terms." Box 54

Box 55

(31 folders) Clinton, 9 December 1960 - Clinton, Probation Violator Hearing, 10 February 1977 #04034, Series: "4. Court Terms." Box 55

Box 56

(27 folders) Fayetteville, Special Term, 7 December 1959 - Fayetteville, Regular Session, 20 May 1968 #04034, Series: "4. Court Terms." Box 56

Box 57

(18 folders) Fayetteville, J. Butler, Special Session, 9 June 1969 - Fayetteville, Regular Session, 15 October 1973 #04034, Series: "4. Court Terms." Box 57

Box 58

(7 folders) Fayetteville, Regular Session, 3 December 1973 - Fayetteville, Regular Criminal, J. Butler, 21 April 1975 #04034, Series: "4. Court Terms." Box 58

Box 59

(22 folders) Elizabeth City, Special Term, 8 February 1960 - Washington, Regular Term, 8 May 1961. Includes Elizabeth City, New Bern, and Washington, NC. #04034, Series: "4. Court Terms." Box 59

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expand/collapse Expand/collapse Series 5. Eaton vs. New Hanover Board of Education.

1 box.

In July 1970 a group of black citizens filed suit against the New Hanover Board of Education. Judge Butler found New Hanover's system discriminatory and ordered that the New Hanover school board produce a new plan to desegregate their schools. Judge Butler eventually had to order extensive busing to remedy the situation. The whole New Hanover case was extremely controversial and provoked heated argument on all sides and some violent responses. Box 60 contains all the material Judge Butler retained on this case. Included are briefs, court orders, his own notes on the case, some correspondence to him form concerned parents and others, maps, charts, school annuals, and numerous printed exhibits. There is no particular arrangement within the folders.

Box 60

(8 folders and 2 volumes) Eaton vs. New Hanover County Board of Education, Wilmington #04034, Series: "5. Eaton vs. New Hanover Board of Education." Box 60

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expand/collapse Expand/collapse Series 6. School Cases and U.S. vs. Jeffrey MacDonald.

1 box.

In July 1969 a citizen's group filed suit to desegregate Warren County schools. Box 61 contains all the material Judge Butler retained on this case. It includes briefs, orders, notes, correspondence, and exhibits. Also included in this series are a separate folder of letters to Judge Butler from concerned parents which discuss the desegregation efforts in New Hanover, Halifax, and Warren counties; copies of several WRAL-TV editorials (1970-71) attacking Judge Butler and other judges for their desegregation decisions; and material on the desegregation of the Halifax County schools.

Also found in box 61 are materials relating to the trial of Jeffrey MacDonald. Included are briefs, orders, correspondence, exhibits, notes, and clippings.

Box 61

(12 folders) Alvin Turner, et.al. vs. Warren County Board of Education. #04034, Series: "6. School Cases and U.S. vs. Jeffrey MacDonald." Box 61

( 3 folders) U.S. vs. Halifax County Board of Education #04034, Series: "6. School Cases and U.S. vs. Jeffrey MacDonald." Box 61

( 3 folders) United States of America vs. Jeffrey R. MacDonald #04034, Series: "6. School Cases and U.S. vs. Jeffrey MacDonald." Box 61

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expand/collapse Expand/collapse Series 7. Sessions - All Divisions - Other Judges.

2 boxes.

Arrangement: by city, then chronological for each city.

This is routine legal material collected by Judge Butler which involved cases in which he did not directly participate. Included are schedules, briefs, correspondence to Judge Butler from other judges seeking advice, and numerous court calendars.

Box 62

(57 folders) Pre-trial Conferences, Judge Larkins, Elizabeth City - Wilmington, Regular Term, 17 June 1963 #04034, Series: "7. Sessions - All Divisions - Other Judges." Box 62

Box 63

(36 folders) Wilmington, Special Term, June 1961 - Wilson Division #04034, Series: "7. Sessions - All Divisions - Other Judges." Box 63

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expand/collapse Expand/collapse Series 8. Fourth Circuit Judicial Conferences.

1 box.

Arrangement: chronological.

This series contains material Judge Butler retained regarding the various judicial conferences he attended form 1960 to 1978. Included are schedules, itineraries, subjects discussed, bills and receipts, correspondence, maps, and postcards.

Box 64

(28 folders) Judicial Conference, Boulder, Colorado, 5-8 July 1960 - Judicial Conference, Misc. #04034, Series: "8. Fourth Circuit Judicial Conferences." Box 64

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expand/collapse Expand/collapse Series 9. Fourth Circuit Judges' Letters and Opinions.

2 boxes.

Arrangement: alphabetical.

This series contains correspondence between Judge Butler and other Fourth Circuit Judges, and copies of opinions delivered by the Fourth Circuit.

Box 65

(9 folders) Judge Albert L. Reeves - Judge Dupree #04034, Series: "9. Fourth Circuit Judges' Letters and Opinions." Box 65

Box 66

(83 volumes) 83 copies of Fourth District Court of Appeals opinions #04034, Series: "9. Fourth Circuit Judges' Letters and Opinions." Box 66

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expand/collapse Expand/collapse Series 10. Court of Appeals Cases.

2 boxes.

Arrangement: by subject.

This series contains two types of material. There are the minutes of the Rules Revision Committee of the Eastern District of North Carolina. Judge Butler was a member of this committee. This committee began its work in 1960 and produced a volume entitled "Rules of the Court of the United States District Court for the Eastern District of North Carolina." A copy of this volume is included with the minutes. Also included are the recommendations of the North Carolina State Bar for the appointment of counsel for indigent defendants. Also present are several folders pertaining to Court of Appeals cases. These folders contain annotated briefs and Judge Butler's handwritten notes on the cases.

Box 67

(13 folders) Rules Revision Committee - West vs. Drytran #04034, Series: "10. Court of Appeals Cases." Box 67

Box 68

(12 folders) Allen Travel Service vs. N.C.A.B.C. Assn. - T. R. Tucker vs. C. C. Peyton, et.al. #04034, Series: "10. Court of Appeals Cases." Box 68

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expand/collapse Expand/collapse Series 11. Important Cases.

1 box.

This series contains folders on cases Judge Butler considered important. The folders include handwritten notes, correspondence, briefs, orders, and exhibits.

Box 69

(10 folders) Boy vs. Calloway, Sec. of Army, et.al. Locklear, et.al. - vs. NC State Board of Elections. #04034, Series: "11. Important Cases." Box 69

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expand/collapse Expand/collapse Series 12. Personal Material, 1958-1975.

1 box.

Arrangement: by subject.

About two-thirds of this series consists of correspondence concerning Butler's appointment as United States District Judge for the Eastern District of North Carolina in 1959. The rest of the material includes texts of speeches given by Butler, Republican Party mailing lists and newsletters, and some biographical information. There is also a folder labeled "Threatening Letters," which contains copies of such letters to Butler, mostly from prisoners, and correspondence with law enforcement agencies concerning them.

Box 70

(27 folders) Personal Material #04034, Series: "12. Personal Material, 1958-1975." Box 70

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expand/collapse Expand/collapse Series 13. Clippings.

3 items.

Arrangement: chronological.

This series consists of three albums of clippings pertaining to all aspects of Butler's judicial career from 1959 to 1978.

Scrapbook S-4034/1

Clipping Albums January 1959-November 1966 #04034, Series: "13. Clippings." S-4034/1

Scrapbook S-4034/2

Clipping Albums June 1965-November 1969 #04034, Series: "13. Clippings." S-4034/2

Scrapbook S-4034/3

Clipping Albums December 1969-September 1978 #04034, Series: "13. Clippings." S-4034/3

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expand/collapse Expand/collapse Items Separated

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Processing Information

Processed by: John White, Laura O'Keefe, May 1985

Encoded by: ByteManagers Inc., 2008

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