55. Against Picketing, Leafleting, and Demonstrating (see also 51, 123, 541, 542, 551, 552)
| 55.16. |
Shuttlesworth v. Alabama.
(Birmingham) (U.S.S.C., #423) (155 So.2d 605, 606) Birmingham merchants rejected Negro demands for ending segregation of drinking fountains and restrooms, employment discrimination. Negroes began boycott of downtown stores. Apr. 4, 1962: Def. and another arrested while observing effects of boycott: refusal to obey police officer, blocking traffic. Crim. Ct. convicted Defs. Oct. 23: Ala. Ct. of App. affirmed. Feb. 23, 1963: Ala. Sup. Ct. denied cert.: petition "not on transcript paper." Defs.' petition for cert. pending.
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| 55.18. |
Alabama v. Dr. McNair.
(Talladega.) (Recorder's Ct., #3165) (Ala. Sup. Ct., #9760) Apr. 1962: 200 students (Talladega College) demonstrated in downtown against segregated eating and employment practices; 50 arrested, incl. Def.-white chaplain, Def.-Zellner, 58.3. Defs. released on bonds, many signed by Arthur D. Gray, College Pres.; convicted. Pending on appeal.
Arthur D. Shores, Esq., 1527 5th Ave. N., and Orzell Billingsby, Jr., Esq., 1630 4th Ave. N., both of Birmingham; Charles S. Conley, Esq., 530 S. Union St., Montgomery; Charles Morgan, Jr., Esq., Atlanta.
And see Alabama v. Gray, 63.2.
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| 55.25. |
Jackson v. Allen.
(Co. Ct., 1st Jud. Dist., Hinds Co., #21.) 1962: Def.-Negroes picketed on federal property against segregation. Arrested by state officers, tried, convicted. Issue on appeal: whether state can prosecute Defs. alleged to have committed criminal act on fedl. property. Pending.
R. Jess Brown, Esq., 1105½ Washington St., Vicksburg, Miss.
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| 55.26. |
North Carolina v. Frinks, Frinks v. North Carolina.
(U.S.S.C., #235 Misc.) 1962: Negro Defs. picketed for integration: arrested, charged with violating Edenton City. Ords. limiting pickets to 10 walking 15 ft. apart, and with assaulting an officer. Nov. 27, 1962: after jury trial, Defs. convicted. (Cf. 55.27, VIII DOCKET 8, involving later arrests under ordinance requiring permit to picket from Town Clerk, available at fee of $10/day in which trial judge held ordinance unconstitutional.) Convictions affirmed in state courts. Oct. 12, 1964: U.S.S.C. denied cert.
G. E. Tillet, Esq., 413 S. Broad St., Edenton, N.C.
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| 55.28. |
Illinois v. Tranquilli, Thomas, J. Lewis, Bridges.
(Cairo.) (Justice of Peace Ct., Alexander Co. Ct.) Jy. 13, 1962: 9 persons arrested in sit-in at swimming pool. Charges: mob action, disorderly conduct. Jy. 26, 1962: tried; convicted; $35. each. Aug. 20, 1962: 4 others tried; convicted; $50. each. All pending on appeal to Co. Ct. One minor arrested; turned over to Ill. Youth Commission for violation of parole based on previous integration protest. Defs.' requests for separate trials de novo on appeal pending.
Raymond E. Harth, Esq., 109 N. Dearborn, Chicago, for NAACP.
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| 55.32. |
Crawford, Mitchell, Poole, Salter v. Mississippi.
(CA 5) 1962: Defs. picketing; arrested: obstructing sidewalk. Defs. filed removal petition to DC. See 55.32 at 73.
R. Jess Brown, Esq., Jackson; William Kunstler, Esq., 511 Fifth Ave., and Clarence Jones, 165 Broadway, both of NYC.
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| 55.34a. |
Barnes v. CORE.
(Butte Co. Super. Ct., #40296.) Aug. 1963: Employer sued for injunction against CORE members picketing in protest of his allegedly discriminatory hiring practices. Aug. 9, 1963: Super. Ct. granted temporary restraining order. Aug. 16, 1963: Ct. dissolved order on Defs.' motion, refused to issue preliminary injunction. Pending.
Malcolm Burnstein, Esq., 1440 Broadway, Oakland.
DANVILLE, VA. CASES:
Over 1,000 arrests were made in Danville between June 5 and Aug. 27, 1963 of Negroes seeking 5 objectives: desegregation of all public facilities and those private facilities open to the public; equal job opportunities in public and private employment; establishment of official bi-racial commission; appointment of Negro representatives on all City bds. and commissions. In order to present a complete picture of civil rights litigation in a typical, active area of the south, all Danville cases are included in this category, except denial of unemployment compensation to demonstrators (Lewis, 263.5) and police brutality (Thomas, 304.28.)
May 31, 1963: first demonstration, with permit from Mayor. June 5th: after daily demonstrations, first arrests as Corporation Ct. judge sought to disperse demonstrators. June 6: Corp. Ct. issued ex parte temporary restraining order. June 7: 3 Negro leaders indicted for inciting Negroes to riot against whites under state felony statute. June 14: City Council passed ordinance codifying broadly restrictive terms of restraining order: no one under 18 can picket; no more than 6 pickets regardless of area picketed; no picketing outside business hours. 105 arrested for violating injunction. June 17: Defs. filed removal petition of contempt cases to DC under 28 U.S.C. §1443. June 17: Corp. Ct. tried 2 contempt Defs. after removal petition filed; convicted; 90 days with 45 suspended, $25; no bail. June 22: 10 (including Atty. Holt) indicted under inciting to riot statute. June 24-25: DC granted petitions for habeas corpus to release 2 Defs. convicted in Corp. Ct. under 28 U.S.C. §1446.
Jy.: City Council passed anti-parade ordinance. U.S. Dept. of Justice filed amicus appearance to oppose City's motion to remand the removal cases back to Corp. Ct. Jy. 11: DC remanded to Corp. Ct. all cases removed to it by Defs. Jy. 29: Corp. Ct. made temporary order permanent injunction and enlarged its scope after hearing in which prosecutor introduced evidence re alleged "Communist-inspired" demonstrations. Aug. 6-8: 347 contempt of injunction cases set for trial; Corp. Ct. granted State's motion for change of venue to remote Va. cities. Many Defs. out on multiple bonds: $500. for each charge. Aug. 8: CA 4 stayed further Corp. Ct. trials pending its decision on 5 cases pending before it:
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| 55.35. |
Baines v. City of Danville. McGhee v. City of Danville.
(CA 4, ##9080, 9082.) (321 F.2d 643, 1963; 9 RRLR 1139, 1964.) Defs. in 138 criminal cases charging violation of June 6 restraining order filed removal petitions to DC. See 55.35 at 73. for status of removal procedures.
And see 55.36, 263.5, 304.28.
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| 55.36. |
Chase v. McCain, Chase v. Aiken.
(CA 4, ##9081, 9082.) (321 F.2d 643; 9 RRLR 1139.) Pl.-demonstrators filed plenary suits in DC under Civil Rights Act seeking decree enjoining enforcement of June 14 ordinance, June 6 and Jy. 29 injunctions, and declaring them unconstitutional. DC denied relief for failure to exhaust state remedies and no irreparable injury shown. Aug. 8, 1963: CA 4 issued restraining order against state trials till decision on merits of appeal. Aug. 10, 1964: CA 4 held (3-2): This case is not within any exception to fedl. anti-injunction statute which forbids fedl. cts. to grant injunctions to stay proceedings in state courts except where authorized by Congress or necessary in aid of its jurisdiction; grant of general equity jurisdiction under Civil Rights Act did not constitute such authorization; only in compelling instances will state ct. proceedings be stayed by injunction; held that on remand DC may restrain future arrests until constitutionality of ordinance and injunction are determined if it finds their application has amounted to denial of constitutional rights. Sobeloff, CJ., and Bell, J., diss.: The wholesale suppression of First Amendment rights alleged here would be sufficient to take case out of prohibition of anti-injunction statute; injunction is only remedy in this situation which will effect Congressional purpose expressed in Civil Rights Act.
Counsel in all cases: Ruth L. Harvey and Harry I. Wood, Esqs., 4535 Main St., Len W. Holt, Esq., 243 Ross St., Andrew C. Muse, Esq., Spring and Union St., J. L. Williams, Esq., 323 N. Ridge St. and George Woody, Esq., 212 N. Ridge St., all of Danville; Samuel Tucker, Esq., Southern Aid Ins. Bldg., Richmond; Arthur Kinoy and William M. Kunstler, Esqs., 511 Fifth Ave., NYC; Prof. Chester Antieau, Georgetown Law Center, 6th and E Sts., NW, and Shellie Bowers, Esq., 3429 Clay Ct., NE, both of Washington, D.C.; Richard Goodman and Dean Robb, Esqs., 3220 Cadillac Tower, Detroit.
And see 55.35, 263.5, 304.28.
SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:
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| 55.37-55.66. |
Since the organization of the Albany Movement in 1961, mainly in the summers of 1961 and 1962, over 1000 persons arrested; charges: disorderly conduct or loitering during civil rights street parades; leafleting in violation of local ordinances: trespass while seeking service at local public accommodations. Most arrestees released on bond, convicted in Recorder's Ct., appealed to county courts for trials de novo. See case-by-case descriptions, VIII DOCKET 125-126. 1964: motions to try de novo in county court within two terms (one year) filed; failure by prosecutor to bring cases to trial within that time gives Defs. right to dismissal of charges. Prosecutor reluctant to bring to trial cases requiring hearings on Defs.' motions to quash jury venire, under Allen decision, 54.6. Cases now being dismissed in groups without decision of important constitutional questions.
C. B. King, Esq., Box 1024, Albany, Ga., counsel in all cases.
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| 55.67. |
U.S. v. Anderson.
(MD Ga., Albany Div.) April 1963: all-white fedl. petit jury ruled for Def.-Sheriff in suit by Negro-Pl. under Civil Rights Act for damages to Pl's. shoulder from 3 shots by Def. while arresting Pl. for public drunkenness (misdemeanor). (Ware, 304.21). Albany Movement picketed store of white juror Smith with store in Negro community; store closed. Aug. 9, 1963: 3 Negro leaders of Albany Movement (see summary above) indicted by fedl. grand jury for injuring fedl. petit juror and conspiring to so injure by means of picketing, in violation of 18 U.S.C. §§1503, 371. Defs. allege picketing done solely to urge Smith to hire Negro help and treat Negro customers properly. Defs. released on $2500. to $5000. bond. Def. Colbert pleaded guilty; suspended sentence. Def.-Anderson moved to Detroit, objected to removal; objections overruled, Def. ordered to stand trial in Georgia. Oct. 1963: Dr. Anderson tried before all-white jury; jury disagreed. 1964: DC Mich accepted Def.-Anderson's plea of nolo contendere; sentence awaited. It is alleged that white jurors who voted to acquit Anderson have had their income tax returns under close scrutiny.
C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, Ga.
And see 55.68, 63.5, 304.21.
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| 55.68. |
U.S. v. Rabinowitz.
(CA 5) 5 Negro Defs. and 1 white Def., all active in Albany voter registration work, indicted by fedl. grand jury for perjury before grand jury as to witnessing picket line against juror Smith's store (see Anderson, 55.67) and re attendance at alleged meeting in Atty. King's office (in King's absence) day before grand jury appearances. Papers filed: (1) subpena duces tecum to U.S. Atty. for matter obtained during grand jury investigation; (2) bill of particulars re events surrounding grand jury hearing; and motions: (3) to permit inspection of grand jury minutes; (4) to transfer trial of northern white SNCC worker (with supporting affidavits from profs. expert in race relations on probability of her obtaining fair trial in south); (5) to dismiss indictment—(a) improper jury selection for systematic exclusion of Negroes; (b) unauthorized person present in grand jury room when Def. called; (c) U.S. Atty. improperly inflamed jurors against white Def.; (d) alleged false testimony not on material matter, Def. not apprised of purpose of investigation; (e) offenses charged as separate counts actually all same, result in double jeopardy. Defs. released on $2500. bond. Oct. 1963: All pretrial motions having been denied, Def. Rabinowitz moved to waive jury; U.S. Atty. objected; DC denied motion. Oct.-Nov.: 5 Defs. tried before all-white juries; all convicted; 2 Defs.—366 days; 2 Defs.—suspended; Def.-Rabinowitz—30 days to 4 yrs. Issues on appeal: (1) improper method of selecting grand and trial jury panel; (2) right of Def. to waive jury. Nov. 16, 1964: appeal argued.
Victor Rabinowitz, Esq., 30 E. 42nd St., NYC; C. B. King, Esq., P. O. Box 1024, Albany, Ga. Amicus brief in support of Def.-Rabinowitz filed by 73 scholars: Ann Fagan Ginger, Laurent B. Frantz, of counsel, Berkeley, Calif.
Amicus brief in support of all Defs. by Samuel Rosenwein, Esq., and Ernest Goodman, Esq., for Natl. Lawyers Guild, 2801 Cadillac Tower, Detroit.
And see Anderson, 55.67, 63.5.
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| 55.69. |
New Jersey v. Whipper.
(Elizabeth.) (Union Co. Ct.)
Aug. 5-22, 1963: Union Co. Civil Rights Coordinating Comm. picketed building sites protesting construction unions' discriminatory practices. 128 arrested. Aug. 22, 1963: 10 Defs. convicted; fines and 30 days suspended. Other cases pending.
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| 55.70. |
New York City v. Defs.
(App. Term) Jy.-Aug. 1963: Over 800 arrests at building sites in Brooklyn, Manhattan, Queens, Staten Island; charges: disorderly conduct, similar offenses. Jy. 24: Manhattan Crim. Ct. sentenced 5 Defs. to 30 and 60 days; motions for certificates of reasonable doubt granted; $1. bail pending appeal. Oct.: Kings Co. Crim. Ct. tried 8 minister-Defs. for disorderly; denied motion to dismiss on First and Fourteenth Amendment grounds (because prosecution of demonstrators, without concurrent prosecution of alleged offenders against FEPC Act in construction industry, was "uneven application" of laws). Oct. 11: Manhattan Crim. Ct., convicted 11 Defs.; 5 days or $25. Oct. 14: 4 sat in front of delivery truck at Foley Sq. fedl. bldg. project; arrested: disorderly, resisting arrest. Oct. 18: 3 CORE workers arrested at project for climbing on construction crane. Oct. 15, 1964: App. Term affirmed (2-1) as to 11 who sought to block construction at Rutgers H'g. Proj.; Hofstadter, J., diss.
And see Gaynor, 573.4a.
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| 55.71. |
Wisconsin v. 3 Defs.
(Milwaukee.) (Milwaukee Co. Ct.) Aug. 29, 1963: Def.-CORE members arrested during sitin at Co. courthouse, demanding removal of member of Community Social Development Commission. Pending.
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| 55.72. |
Alabama v. 10 Defs.
(Selma.) (Crim. Ct.) Dec. 1963: 10 Negroes arrested while distributing handbills urging boycott of downtown stores during holidays. Charge: printing, circulating boycott notice in violation of state law. Freed on $500. bond. (Police also raided SNCC, Negro printing co., "Freedom House," seized "Don't Buy Segregation" handbills.) Pending.
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| 55.77. |
City of Birmingham v. 2,500 Defs.
(Jefferson Co. Cir. Ct.; Ala. Ct. of App.) Spring 1963: 2,500 Negroes arrested during civil rights demonstrations for: disorderly conduct, parading without a permit, trespass after warning. After U.S.S.C. decision in Peterson v. City of Greenville, 552.SC.8 (373 U.S. 244), trespass charges dismissed because of city ordinance requiring segregated eating places. Recorder's Ct. convicted most Defs. of other charges. On appeal to Cir. Ct., City Atty. nolle prossed many convictions, Cir. Ct. reversed some, affirmed others. Appeals from affirmances to Ala. Ct. of App. pending, see 55.77b-55.77h.
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| 55.77b. |
Shelton v. City of Birmingham.
(Ala. Ct. of App.) (165 So.2d 912) May 7, 1963: Police closed several streets so that fire trucks and police vehicles could be used during civil rights demonstrations. Def. convicted: refusing to obey order of officer to get out of the street. August 18, 1964: App. Ct. affirmed.
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| 55.77c. |
Shuttlesworth v. City of Birmingham.
(Ala. Ct. of App., #25988.) Conviction for parading without a permit. Appeal pending.
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| 55.77d. |
Fowkles v. City of Birmingham.
(Ala. Ct. of App.) Conviction for breach of the peace. Brief filed. Pending.
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| 55.77e. |
Smith v. City of Birmingham.
(Ala. Ct. of App.) Conviction for obstruction of sidewalk. Briefs filed. Pending.
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| 55.77f. |
Carter, Webster v. City of Birmingham.
(Ala. Ct. of App.) Conviction for obstruction of public assemblage. Brief filed. Pending.
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| 55.77g. |
Clemons, Thomas v. City of Birmingham.
(Ala. Ct. of App.) Conviction of trespass after warning. Aug. 18: Ct. of App. affirmed. No further appeal.
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| 55.77h. |
Cruikshank v. City of Birmingham.
(Ala. Ct. of App.) Convicted of failing to obey order of policeman. Brief filed. Pending.
Billingsley and Shores, Esqs., Masonic Temple Bldg., 1630 4th Ave. N., Birmingham, Ala. NAACP Legal Def. & Educ. Fund, Inc., 10 Columbus Cir., NYC.
And see 24.32, 63.7.
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| 55.80. |
Alabama v. Chace.
(Tuscaloosa Co. Ct., ##14735-38; ND Ala., Civ. #64-260.) Apr. 23, 1964: 600 persons, mostly Negro, demonstrated against segregated rest rooms, etc., in new Tuscaloosa courthouse. Def.-white English prof. Stillman College, Tuscaloosa, singled out of picket line; arrested: unlawful assembly, vagrancy, resisting arrest, assault. Def. filed removal petition in DC; see 55.80 at 73. Pending.
Oscar W. Adams, Jr., Esq., 1630 4th Ave. North, Birmingham.
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| 55.81. |
Mississippi v. 25 Meridian Defs.
(Meridian Muni. Ct.; Lauderdale Co. Ct.; SD Miss., Meridian Div., ##5168-5192.) June 13, 1964: Defs. began to picket Kress, Woolworth, Newberry's; arrested: obstructing the sidewalk (Ord. §28-10). Muni. Ct. found Defs. guilty. Defs. appealed to Co. Ct. for trial de novo. Bond: $200. each. Defs. filed removal petition in DC; see 55.81 at 73.
Don Loria, Esq., Cadillac Tower, Detroit; Charles Markels, Esq., 105 So. LaSalle St., Chicago; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
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| 55.81a. |
Brown v. City of Meridian.
(CA 5, #21730) May 1964: Defs.-civil rights workers standing in front of five-and-dime store advising potential customers not to trade with store, arrested: 7 charged with breach of peace, 1 with interfering with another's business. June 10: 28 U.S.C. §1443 removal petitions filed. Police Ct. convicted Defs. See 55.81a at 73. for removal proceedings.
NAACP Legal Def. & Educ. Fund, 10 Columbus Circle, NYC.
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| 55.82. |
Mays and Galloway v. Mississippi.
(Columbus City Ct.; ND Miss, #ECR-64-33) June 26, 1964: 7 Defs.-Negro civil rights workers handed out leaflet explaining provisions of 1964 Civil Rights Act; arrested: distributing leaflets without a permit, in violation of ordinance requiring written permission of the Chief of Police to distribute printed matter publicly. Bail: $400 each. June 29: Trial scheduled. One Def. taken to state prison before trial for violation of probation on previous burglary conviction. Two members of Miss. Bar objected to out-of-state lawyers' appearance. Cases continued to July 6. Ct. dismissed charges against all but 2, who filed removal petitions in DC; see 55.82 at 73. Bond: $400. Issues: prior restraint; lack of standards to guide police chief in issuing permits. City moved to remand. Pending.
Henry McGhee, Esq., 309 W. Jackson Blvd., Chicago; Ralph Shapiro, Esq., 9 E. 40th St., NYC; Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
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| 55.83. |
Mississippi and City of Greenwood v. Carmichael.
(City Ct.; ND Miss., #GCR 6429) July 16, 1964: 98 COFO voter registration workers engaged in peaceful picketing at Leflore Co. Cthouse; arrested: violating House Bill 546, Mississippi Laws (April) 1964 prohibiting picketing or demonstrations which "obstruct" or "interfere with" either "free ingress or egress to and from any public premises . . . courthouses . . . etc. . . . or with free use of public streets adjacent or contiguous thereto." Bail: $100. for Miss. residents; $200. for non-residents. Defs. filed removal petitions in DC; see 55.83 at 73.
Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson; Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans.
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| 55.83aa. |
Mississippi and City of Greenwood v. Weathers, Cole, Brooks.
(City Ct., ##54840, 54841, 54844, 54848; ND Miss. 6435, 6437) These Defs. in 55.83 arrested: interfering with officer in performance of duty, assault and battery, vulgar language. City Ct. set $500. bail each; after removal, DC reduced to $100.
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| 55.83a. |
Mississippi and City of Greenwood v. Albertz.
(City Ct., ND Miss., Greenwood Div., ##6436, 38, 39, 40, 41, 44, 45, 46, 47, 48, 51) July 1964: 14 cases involving COFO voter registration workers arrested on misdemeanor charges: assault, profanity and abusive language to policeman (Miss. C. §2291); improper license tag (§9352-24 to -51 Miss. Stat. 1942); reckless driving, parading without a permit (Miss. Bk. 53, p. 67); disturbing the peace (Miss. C. §2089-5, 1942); interfering with duties of police officer, contributing to delinquency of a minor (§7185-13, Miss. C. 1942); distributing leaflets without written permission of police chief or mayor in alleged violation of city ordinance, etc. All Defs. timely filed removal petitions in DC; see 55.83a at 73.
Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
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| 55.84. |
City of Drew, Miss. v. McNair.
(Muni. Ct.; ND Miss., ##6430-34) July 1964: 27 COFO workers held civil rights rally during voter registration drive; when church deacon ordered COFO workers out, they continued rally on vacant lot across street; lot owner ordered them off. As they touched the sidewalk, arrested: violation of 2 city ordinances forbidding (1) use of streets for any purpose but "normal, customary and usual pursuits" of everyday life, and requiring written permit from mayor or chief of police for parading or passing out leaflets (Muni. Ord., Oct. 22, 1963); (2) cursing, insulting, deriding, ridiculing, or using abusive language toward police (Miss. C. §2089-5). Defs. filed removal petitions in DC; see 55.84 at 73.
Natl. Lawyers Guild Comm. for Legal Assist. in the South, 507½ N. Farish St., Jackson.
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| 55.84a. |
City of Drew, Miss. v. Burns, Tecklin, deMoss, Wallace.
(Muni. Ct.) Aug. 14, 1964: Non-resident atty. told City Atty. 4 white COFO voter registration workers would live with Negro families. Aug. 14: Mayor Williford issued proclamation: any civil rights worker found in city limits after business hours would be held in jail overnight. Aug. 14: Defs. arrested, kept overnite, released.
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| 55.84b. |
Burns v. Williford.
(Drew) (ND Miss., Greenville Div.) Aug. 24, 1964: Defs. in 55.84a sued Drew city officials alleging conspiracy to nullify constitutional rights and provisions of 1964 Civil Rights Act, and for injunction against enforcement of proclamation.
James B. Wilson, [Asst. Atty. Genl., State of Washington]; C. A. Frerichs, Esq., Waterloo, Ia.
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| 55.85. |
Cameron v. Johnson.
(Hattiesburg.) (SD Miss., #1891-Civ.) (U.S.S.C.) Apr. 13, 1964: Pls.-civil rights leaders sued Def.-Miss. Gov. and other state officials to enjoin enforcement of new Miss. anti-picketing statute (House Bill #546), asked for 3-judge ct. Jurisdictional statement being prepared for U.S.S.C.
Smith, Waltzer, Jones & Peebles, Esqs., 1006 Baronne Bldg., 305 Baronne St., New Orleans; Dixon L. Pyles, Esq., E. Pearl St., Jackson.
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| 55.86. |
Mississippi v. Hosmen and Mory.
(Canton) (Muni. Ct.) May 28, 1964: During voter registration demonstration, 50 Negroes and 2 whites from Natl. Council of Churches arrested: parading without a permit; $500. bond each. Defs. held, unable to learn charges or see attorney who came to jail to confer. Pending.
Carsie Hall, Esq., 115½ N. Farish St., Jackson.
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| 55.87. |
Michigan v. Chester.
(Detroit Rec. Ct., #197472, Mis.) (Mich. Sup. Ct., #50670½) 1963: During picketing at bank protesting racial hiring policies, 40 arrested. During jury selection, Defs. objected to D.A. using peremptory challenge to Negro jurors; Ct. refused to permit defense counsel to make motions for mistrial or to make separate record. Counsel field petition for superintending control in Mich. Sup. Ct. Jan. 14, 1964: Sup. Ct. ordered mistrial declared and case reassigned to different judge.
George Downing, Michael Wahls, Joseph Brown, Esqs., Detroit.
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| 55.88. |
North Carolina v. Fox.
(Greensboro) (N.C. Sup. Ct., #577) (136 SE.2d 761) Defs.-Negroes sat in middle of street during demonstration; arrested: blocking street without a permit; convicted. Spring 1964: N.C. Sup. Ct. granted nonsuit; held ordinance did not apply.
JACKSONVILLE, FLORIDA CASES:
Spring-Summer 1964: Negroes protested public and private discrimination in series of night marches to old slave market downtown. First march without incident; second heckled, third attended with violence, including shotgun blasts at white leader of march. On fourth night, police halted demonstration. Several Klan meetings held, calling for blood and assertion of white supremacy, during which Negroes publicly beaten. Many arrests during swim-ins, tests of equal service in local stores, and preparation for St. Augustine's Quadricentennial Celebration.
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| 55.89. |
Florida v. Robinson, Dawson, Johnson.
(St. Augustine) St. John's Co. Judge's Ct.) 85 Defs. arrested during sit-ins: trespass, conspiracy. 150 Defs. arrested during riot: unlawful assembly, breach of peace. Petitions for habeas and bail filed in DC. See 55.89 at 73.
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| 55.89a. |
Florida v. Davidson.
(St. Augustine) (St. John's Co. Judge's Ct.) Mar. 30, 1964: Def.-white minister picketing against segregation surrounded by whites, burned with cigarettes. Police officer present, warned Def. if he stopped moving, he would be arrested. Whites blocked Def. Def. arrested: blocking public sidewalk, interfering with lawful orders of officer. Trial pending.
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| 55.89b. |
Florida v. 88 Defs.
(St. Augustine) (St. John's Co. Judge's Ct.) Mar. 31, 1964: Def.-high school students en route to protest meeting arrested: unlawful assembly, inciting to riot. Pending.
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| 55.89c. |
Young v. Davis, Sheriff.
(St. Augustine) (MD Fla., Jacksonville Div., #64-133-Civ.-J) (9 RRLR 590, 1515) Negro-Pl. brought class action under Civil Rights Act for injunction claiming First Amendment violation. June 9, 1964: DC held restriction of night marches unconstitutional as prior restraint, enjoined Defs. from enforcing police orders. June 15: Gov. declared state emergency, established "special police force" to make arrests and maintain "order." June 20: Gov. ordered demonstrations to cease between 8:30 p.m. and sunrise. June 22: DC ordered Defs. show cause why they should not be held in contempt. Jy. 2: DC quashed order.
Report: Rev. Cheney, Eyewitness report of KKK meeting. Sept. 1964. S. Christian Leadership Conf., Report to OAS on Demonstrations.
And see 55.89 at 73., 401.16, 553.Fla.2.
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