The Farmville herald and farmer-leader. (Farmville, Va.) 1934-1957, 1956-12-04
Frank n. Watkins
Among Defendants
In NAACP Attack

MANI bilIS SlldCttO DS tlle fe-
cent special session of the Gen
eral Assembly, NAACP lawyers
filed suit last week challenging
the conStitutionallty Of five of the
new laws
Named defendants in the new
suit were Attorney General J.
Lindsay Almond and five COM
monWealth's attorneys. including
Frank N. Watkins of Prince Ed
ward county. Other common
wealth's attorneys under litigation
are from Richmond Newport
News, Norfolk. and Arlington
county
The NAACP said that six prose-
cutors were picked because the
NAACP has plans to continue TO
solicit funds and contribute legal
aid where the six have a legal
duty to enforce the laws
Two Suits Filed
Actually there were two suits
filed in the Richmond Federal
District Court. One was filed by
the National Association for the
Advancement of Colored People.
and the other by a subsidiary
group, the NAACP Legal Defense
and Education Fund, Inc. Both
have New York headquarters.
The NAACP charges that the
laws abridge its freedom of speech
and deny it equal protection and
due process Of the law which are
guaranteed by the United States
Constitution
New Laws
The laws being protested by the
NAACP are those passed by the
recent special session of the Gen
eral Assembly which have the fol-
lowing provisions:
90 Registration of groups
which finance law suits to
which they are parties: 2 regis
tratiOn of groups engaging in aC-
tivities on behalf of one race,
which activities create or might
create racial conflicts; GO
strengthening of laws on running
and Gaping soliciting business
for lawyers a. The definitions
prohibition and punishment for
oarratry tinstlgating litigation on
part Of the people not parties
therefor. and 90 The filing of
membership and financial data of
any organization that brings suit
Z. against the commonwealth local.
ty, officer or employee
The five acts apply to all or
\ CARNATIONS engaging in similar
activities and are not confined to
/ the activities of the NAACP.
Asks Injunction
The NAACP is asking for tenn
poraly and permanent injmc-
tons to restrain the state from
enforcing the five laws.
Thus it has petltioncd for the
appointment Of a three Judge fed
eral court to adjudicate the dis
pute Thrce-judge courts arc re-
sorted to when the constitutions
atty of a state of federal law is
challenged
Under normal procedure suits
Of this nature arc Immediately
referred to the chief Judge OF the
federal circuit. In this case that
would be Judge J j. Parker of
Charlotte, N, c.
He will be called on to name
three judges to adjudicate the
dispute Federal rules provide
that one judge must be the one
sitting in the district court where
the suits have been filed Another
must be an appellate court Judge
and the third may be any Judge
that Judge Parker wishes to APP
point
No date has been set for the
trial because Judge Sterling
Hutcheson is recovering from an
accident and he must be one Of
the judges. He has been absent
from the bench since November
10.
NAACP Complaint
The NAACP attorneys said that
organization has been operating
for AS years without question un-
I'll the Supreme Courts school
decision.
S nee that decision. state Of
fic.alS have been seeking to find
ways and means TO avoid its I'M
fermentation and have counclud-
ed that the plaintiff organization
tthe NAACPp must be destroyed
if segregation is to be preserved
in the state. the complaint said
The laws complained of, said
the lawyers, in effect deny Negro
citizens access TO the courts OF
Virginia to seek redress against
state officials for deprivation of
their constitutional rights
The laws require that organlza-
tons engaging in legal activities
their officers and members. their,
contributors and income, eXpenS
es and purpose of the cXpendl~
lures Fines Of $4,000 arc pro-
vIded for violation.
In addition. the attorneys said
the laws provide an "unWarrant-
ed invasion of privacy and an
undue burden upon the NAACP's