Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-05-19
A Right Is Being Sacrificed


by constitutional means, and they
made this deprivation chief cause
and Justification for revolt. And
the laborers knew they had been
deprived of their right to jury trial.
albeit by constitutional means, and
Congress guaranteed to them this
right, first through the Clayton
Antitrust Act and then more eff
fectively through the Norris-La
Guardia Act.
1t is curious that the advocates
OF this bill place such stress upon
the fact that there is no constitu-
tional right to jury trial in contempt
cases. This fact alone should be
reason enough against the proposed
extension of the injunctive process
into the area of civil rights. It
should be warning to Congress to
take under serious study the whole
issue of Federal equity Jurisdiction.
For if civil courts of equity can
be substituted for common-law
methods of dealing with crime in
the civil rights area they can be
substituted in other areas of Fed
eral criminal law and the jury trial
guarantees which the trainers Of
our Constitution thought has been
placed beyond encroachment can
be made utterly meaningless.
Guarantee Con Be Provided
Congress can write into the pend
ing civil rights bill the guarantee of
jury trial. Congress can give to the
State and local officials who will be
the defendants in these cases the
same guarantee Of jury trial that
laborers received in the Norris
La Guardia Act Of 1892. This act
provided jury trials for all cases
OF contempt arising out of the
violation of injunctions in labor
disputes. including those to which
the United States was a party.
The crux Of the matter is that
the advocates do not want to pro-
vide jury trial for defendants under
this bill. They claim it will emascu.
late the legislation because South
ern jurors may be reluctant to
convict. So that, in this bill so
widely proclaimed as mild and nom
punitive in character, jury trial Is
finally opposed on grounds that
Southern jurors cannot be counted
upon to convict.
Here again the argument is not
new. Here is the very same justifica-
ton given for the establishment Of
the Star Chamber, for the acts of
Parliament depriving colonists of
jury trial. for the opposition to Jury
trial for workers involved in labor
disputes. In each instance it was
feared that juries would not convict.
If this argument is examined
closely it will become evident that
here is the justification used by
mobs to usurp the powers Of regular
tribunals Of justice. Mobs Justify
their actions on these same grounds
that they can achieve swifter and
more certain results than courts
Of law. The argument should be
spurned whether offered by mobs
or offered in the name Of civil
rights. The denial of jury trial and
OF other safeguards Of individual
liberty can never be justified in the
interests Of speed and certainty Of
results.
A Moss Indictment
The argument that Southern
jurors will not convict in civil rights
cases Is further a mass indictment
OF a whole people as utterly faith
less to their oaths and duties. No
proof of the charge is given. The
philosophy seems to be either that
all defendants in civil rights dis.
putes are guilty ar that the defend.
ants. whether guilty or innocent.
should be punished.
We are unable to accept the view
that the jury system is the pillar of
justice save where ,Southerners and
civil rights are concerned and that
then it becomes the stumbling block
to justice.
We do not maintain that juries
are perfect. They do make mistakes
and they do not always render Just
verdictS. But we do maintain with
Judge Henry Clay Caldwell that
for a free people. trial by jury Is
immensely superior to any other
mode Of trial that the wit of man
has ever yet devised, or is capable
OF devising: and evil will be the
hour for the people of this country,
when seduced by any theory, how
ever plausible, or deluded by any
consideration Of fancied emergency
or expediency. they supinely acqui-
esce in its invasion or consent to
its abolition"