55. Against Picketing and Demonstrating (see also 51, 123, 541, 542, 551, 552)
(Some cases involving picketing charges are reported under the subject matter of the protest for which the picketing was conducted, e.g., against discrimination in dining places, 552.)
| 55.7. |
Tennessee v. Defs.
(Madison Co. Ct.)*
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| 55.16. |
Alabama v. Rev. Shuttlesworth, Rev. Phifer.
(Ala. Sup. Ct.) Facts: VIII DOCKET 7. Oct. 23, 1962: Ala. Ct. of App. affirmed. Dec. 30, 1962: Petition for cert. denied by Ala. Sup. Ct. "because not on transcript paper". Feb. 28, 1963: Ala. Sup. Ct. denied rehearing.
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| 55.18. |
Alabama v. Dr. McNair.
(Talladega.) (Cir. Ct.)*
And see Alabama v. Gray, 63.2.
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| 55.19. |
Louisiana v. Moore.
(La. Sup. Ct.) Facts: VIII DOCKET 7. Appeal pending.
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| 55.21. |
Peterson v. California.
(U.S.S.C.) Facts: VIII DOCKET 7, 71. Pending on petition for cert.
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| 55.24. |
Scott v. District of Columbia.
(U.S.S.C.) Facts: VIII DOCKET 7, 71, 94. Cite for cert. denied: 374 U.S. 844.
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| 55.25. |
Jackson v. Allen.
(Co. Ct., 1st Jud. Dist., Hinds Co., Miss., #21.)*
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| 55.26. |
North Carolina v. Frinks.
(Chowan Co. Super. Ct.)*
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| 55.28. |
Illinois v. Tranquilli, Thomas, J. Lewis, Bridges.
(Cairo.) (Justice of Peace Ct., Alexander Co. Ct.)*
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| 55.29. |
City of Cairo v. 47 Defs.
(Cairo Muni. Ct., ##20420-20423.) Facts: VIII DOCKET 8, 71.
and
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| 55.29a. |
NAACP v. City of Cairo.
(Alexander Co. Cir. Ct., #L-4672.) 1962: Suit for judgment declaring Ord. No. 849 unconstitutional. May 29, 1963: Stipulated that all prosecutions under Ord. 849 be dropped, no further prosecutions under Ord. will be instituted for peaceful picketing, declaratory judgment action dismissed without prejudice.
Raymond E. Harth, Esq., 109 N. Dearborn, Chicago.
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| 55.31. |
Missouri v. Lewis, Dunlap, Adams, Kundra.
(Charleston Muni. Ct., ##8-36-233, 8-52-249, 8-53-250, 8-55-252.) Facts: VIII DOCKET 8. Aug. 28, 1962: Defs. fined $10.-$25. plus costs, 30 days—fines and jail suspended on payment of costs, conditioned on good behavior. Sept. 4, 1962: Def. Dunlap held in contempt for violating conditions of release: 25 days; served 14, paid $11., released.
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| 55.32. |
Crawford, Mitchell, Poole, Salter v. Mississippi.
(CA 5.)*
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| 55.34. |
Montgomery Ward v. CORE.
(Alameda Co. Super. Ct., #332499.) May 28, 1963: Pl. sued for damages and injunction against picketing to protest discrimination in Pl's. hiring policy. Suit settled by signing of agreement between CORE and Ward's, Pl. promising to implement non-discriminatory hiring policy.
Malcolm Burnstein, Esq., 1440 Broadway, Oakland; Beverly Axelrod, Esq., 345 Franklin, San Francisco.
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| 55.34a. |
Barnes v. CORE.
(Butte Co. Super. Ct., #40296.) Aug. 1963: Suit filed on facts similar to 55.34. 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 5: 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 violatinginjunction. 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 removed 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.) Defs. in 138 criminal cases charging violation of June 6 restraining order filed removal petitions to DC. Jy. 11: DC remanded back to state ct. Jy. 16: Defs. filed petition for writ of mandamus in CA 4 and appealed DC's remand order under new construction of 28 U.S.C. §1447(d) which would allow appeal from remand after removal in civil rights cases. Appeal pending.
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| 55.36. |
Chase v. McCain. Chase v. Aiken.
(CA 4, ##9081, 9082.) 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. Appeal pending in CA 4.
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 263.5 and 304.28.
* * *
SOUTHWEST GEORGIA CASES—ALBANY, AMERICUS, FITZGERALD:
Over 1,000 arrests have been made in this area since organization of the Albany Movement in 1961. In order to present a complete picture of civil rights litigation in a typical, active area of the deep south, all 1963 Albany cases are included in this category, except injunction (Anderson, 63.5); sit-ins and demonstrations at terminals (542.21a, 542.21b, 542.21c, 542.21d); insurrection (Perdew, 54.6, Aleony, 54.7); police brutality (Ware, 304.21); school integration (522.Ga.8).
C. B. King, Esq., P. O. Box 1024, Albany, Ga. is counsel in all cases. Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, is co-counsel in some cases.
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| 55.37. |
City of Albany v. Daniels, Davis, deLissovoy, Mormon.
(Albany's Recorder's Ct.) 1963: arrested while walking from Negro church to downtown area. Charge: disorderly conduct. Convicted; 30 days or $102. Certiorari granted by Dougherty Co. Super. Ct. Pending.
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| 55.38. |
Albany v. Wheeler.
(Rec. Ct.) Arrested: parading without a permit. Released on bond. Awaiting trial.
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| 55.39. |
Albany v. Bell.
(Rec. Ct.) Several arrested: parading without a permit. Convicted. Appeal to Super. Ct. pending.
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| 55.40. |
Albany v. Starling.
(Rec. Ct.) Juvenile sat in to be served at coffee shop. Customer poured boiling hot cup of coffee on Def. Sheriff asked waitress if she wanted juvenile arrested; she said yes. Charge: loitering. Released on bond. Awaiting trial.
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| 55.41. |
Albany v. Mosley, Washington.
(Rec. Ct.) Kneel-in at front of white church. Arrested: loitering; released on bond. Awaiting trial.
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| 55.42. |
Albany v. Brown.
(Rec. Ct.) Def. taking photographs of kneel-in at church. Arrested: disorderly conduct; released on bond. Awaiting trial.
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| 55.43. |
Albany v. Randolph, McCray, McCarthy.
(Rec. Ct.) During demonstration in Negro neighborhood arrested: disorderly conduct; released on bond. Awaiting trial.
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| 55.44. |
Albany v. Ricks.
(Rec. Ct.) Negro-SNCC worker arrested for participation in outdoor mass meeting at Negro housing project. Convicted; 60 days and $200.
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| 55.45. |
Georgia v. Ricks.
(Dougherty Co. Super. Ct.) Def. in 55.44 charged with inciting to riot. Released on $1500. bond. Pending.
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| 55.46. |
Albany v. King and Webb.
(Rec. Ct.) After remand from CA 5, DC ordered public swimming pool desegregated. Pool already sold to private party, remained segregated. Negro Defs. attempted to buy tickets to pool. Convicted of loitering. Released on bond. Appeal pending to Super. Ct.
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| 55.47. |
Albany v. Quartimon.
(Rec. Ct.) Def. boarded bus, paid fare. When told Negroes sit in rear, Def. said she paid fare and would stay in front. Arrested: use of profanity. Convicted. Appeal pending.
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| 55.48. |
Albany v. Rothstein.
(Rec. Ct.) White SNCC worker tried to buy ticket to white swimming pool. Arrested: failure to obey order of police. Convicted. Appeal pending.
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| 55.49. |
Albany v. Giddens, Cover, Allen.
(Rec. Ct.) Defs. handing out notices of civil rights meeting. Arrested: violating ordinance prohibiting distribution of advertising matter. Convicted; 30 days or $55. Two Defs. beaten when put in jail with 6 white men. Appeal pending.
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| 55.50. |
Albany v. Mann, Cade, Wender, Cohen, Stech, Rabinowitz, Blechner.
(Rec. Ct.) Newly-arrived SNCC workers arrested: vagrancy. Convicted; 60 days, suspended. Appeal pending.
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| 55.51. |
Albany v. Porter.
(Rec. Ct.) Many Defs. arrested while parading; disorderly conduct. Convicted; 60 days or $102. Appeal pending.
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| 55.52. |
Albany v. Washington.
(Rec. Ct.) After Birmingham church bombings, Def. marched with sign in protest to downtown area. Arrested; convicted.
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| 55.53. |
Albany v. Perdew.
(Rec. Ct.) Def. allegedly threw brick at police car. Charges: disorderly conduct, failure to obey officer, destruction of property. Bound over to State for assault with intent to commit murder. Released on $1500. cash bond.
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| 55.54. |
Georgia v. Perdew, Harris, Allen.
(Rec. Ct.) Defs. in insurrection case (54.6) also held for $40,000 each in peace bonds. When citizen testifies in court that Def. threatens his life or property, Def. must post bond or rest in jail. Bond hearings await outcome of 54.6.
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| 55.55. |
Georgia v. Durham and McDaniel.
(Americus.) Defs. charged with unlawful assembly, resisting arrest, assault with intent to commit murder (conspiracy charge), inciting to riot. Def. McDaniel allegedly threw rock at police car. His bond: $20,000. In jail pending trial.
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| 55.56. |
Americus v. Wiggins, Merrit, Brown.
(Rec. Ct.) Defs. charged with violating newly-passed city ordinance limiting picketing to 9 a.m. to 6 p.m. Convicted; 30 days or $102. Appeal to Sumter Co. Super Ct. pending.
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| 55.57. |
Americus v. Goober.
(Rec. Ct.) Negroes stood in at white window of theater and tried to buy tickets. Charge: blocking the sidewalk. Convicted: 30 days or $102. Appeal pending.
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| 55.58. |
Americus v. Newsome.
(Rec. Ct.) 19 Defs. charged with loitering and resisting arrest at theater. Convicted. 30 days or $102.
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| 55.59. |
Americus v. Wilbur and Moran.
(Rec. Ct.) Loitering at theater; convicted; 30 days or $102.
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| 55.60. |
Americus v. Daniels.
(Rec. Ct.) One Negro girl accused of insulting another. Girl wearing SNCC pin arrested for disorderly conduct. (Standard fine: 7 days or $15.) SNCC worker got maximum sentence: 30 days.
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| 55.61. |
Americus v. Stephens.
(Rec. Ct.) Jy. 19: 11 Defs. stood in at movie; arrested: loitering. In jail til Sept. 3rd trial; convicted. 30 days or $102.
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| 55.62. |
Americus v. 20 Defendants.
(Rec. Ct.) Kneel-in at police station. Convicted.
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| 55.63. |
Americus v. 48 Defendants.
(Rec. Ct.) During march from church to police station to protest arrest of Harris, 54.6, police and citizens charged demonstrators. Children 12 to 19 yrs. old and 67 yr. old man beaten; one youth needed 22 stitches; several others had to have stitches; one had broken leg. Girls' bodies covered with burns from cattle prodders. Jail conditions: lack of ventilation, no operable toilets, no sanitary conditions, no mattresses. Pending trial.
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| 55.64. |
Americus v. 35 Defendants.
(Rec. Ct.) Aug. 18, 1963: On march uptown from Negro neighborhood arrested. Convicted.
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| 55.65. |
Georgia v. Mary Moss.
(Fitzgerald Recorder's Ct.) Integration worker held for 3 peace bonds; 2 dropped. Appeal on one pending in Ben Hill Co. Super. Ct.
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| 55.66. |
Mayor's Court of Fitzgerald v. Mary Moss.
(Mayor's Ct.) 29 arrested at sit-in at public library. Released on bond.
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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 at 55.) 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. Pending.
C. B. King, Esq., P. O. Box 1024, Albany, Ga.; Donald Hollowell, Esq., 859½ Hunter St. NW, Atlanta, Ga.
And see Rabinowitz, 55.68.
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| 55.68. |
U.S. v. Rabinowitz.
(MD Ga., Macon Div., ##8107-8113.) 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, resulting in double jeopardy. Defs. released on $2500. bond. Pending.
Victor Rabinowitz, Esq., 30 E. 42nd St., NYC; C. B. King, Esq., P. O. Box 1024, Albany, Ga.
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