St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1956-08-17


assistant special counsel Robert
L. Carter Of New York argued in
support Of a brief filed last week
pointing out legal errors in
Judge Jones conduct of the trial
and raising five pertinent points
of law. Alabama attorney general
John Patterson argued that the
NAACP brief was insufficient.
The hearing was to determine
whether or not the states highest
court will grant the NAACP petit
ton for a writ Of certiorari, or re-
view Of the case, on the ground
that there is no statutory author
ity in Alabama to Gust" an out-of-
state corporation.
The 3l-page brief. filed here on
August T. raised five points Of
law and cited ten errors in Judge
Jones conduct of the case in the
lower court. These errors. the
brief asserted, violate the rights
of the NAACP and its members
ito due process of the law and
equal protection of the laws secur-
ed under the Fourteenth Amend
ment to the Constitution of the
United States" and also violates
the Associations rights under the
Constitutions commerce clause.
The fine was levied against the
NAACP by Judge Jones on July
80 because the Association de-
clined to turn over to the Ala
bama Attorney General its mem
bership list in that state as or
dered by the court.
The demand for the list of mem
bers was made during trial of the
suit to determine if the Associa-
ton was Illegally doing business
in Alabama" Although the
NAACP had offered TO register
with the Department Of Revenue
and the Secretary Of State, is was
refused an opportunity to do so
by the circuit court.
NAACP WithhoIds Names
In an affidavit filed with the
circuit court on July 30, Roy
Wilkins, NAACP executive secre-
tary cited economic pressures,
threats, and intimidation of MA
ACP members and others who
support desegregation and civil
rights as reasons why the AS
ISOLATION could not turn over the
names and addresses of its men,
bers in Alabama. THE atmos-
phere in Alabama and the Incl
dents that have taken place
there" he declared, have been
such that we feel morally COM
PEELED to protect our members at
Whatever COST
In addition TO contending that
Alabama has no absolute power
to exclude" an out-of-state cor
poration the NAACP raised four
other points Of law. The brief
holds that the amount of the fine
exceeds the courts power and is
so excessive and arbitrary as to
violate (the NAACP's) constitu-
tional and statutory rights"
Further. the brief asserted, the
courts injunction seeks to deny
and punish the petitioner and its
members for exercising rights of
free speech, freedom of associa-
ton and the right to petition for
redress OF grievances, all in Vo-
lation of the due process and equal
protection clause Of the Four
tenth Amendment"
Also the brief pointed out, the
courts order to produce the MEM
bership list was arbitrary and in
derogation Of petitioners right to
refuse to give evidence which
might tend to incriminate it or its
members"
Court Permits Fishing
Expedition"
In granting the Attorney Cen
erals demand for the membership
list, which the NAACP contends
is not material to the cause Of ac-
ton, the court sanctioned the
state TO conduct a fishing expedi-
ton in violation Of petitioners
right" the brief asserted.
The NAACP has expressed a
willingness and desire 10 register
and has submitted to the court
all Of the documents requested ex-
cept those which reveal the names
and addresses Of association men,
bers in Alabama the brief indicat-
ed.
Maintaining that "the contempt
is criminal in nature" since IL was
assessed as punishment the MA
AcP petition asserted that "the
court could only assess as 4 pen
atty a fine Of $50 or at most
500"
The court failed. the NAACP
charged. TO consider the amount
Of the defendants financial re-
sources, the consequent serious
ness Of the burden 10 the parti-
eulAr defendant and whether the