The Farmville herald. (Farmville, Va.) 1957-current, 1957-05-10

. n.y. ~ VI II Sihi<
was prepared for delivery in the Z.
s. Senate. II deals with the subject
Of the proposed "Ciyil Rights Bill ID
Mf President.
/ We seem to be at another cross
roads Of Our jurisprudence a
crossroads which during our history
has been encountered on numerous
occasions.
Most often We have taken the
right road sadly at times the
wrong road
One road is government by
laws the other government by
men
Il can be said in many ways, but
the result and choice are the same
Shall our liberty Of person be de
clded by the law with a jury trial
Or shall one man. Federal judge
however competent he may be. de-
eide for us freedom or imptlson-
Inent?
The President, through the At
torney General. has submitted to
Congress his civil rights program
IN a novel and dangerous style. 1t
IS represented by the Heating bill
IN the House and S 83 in the Senate
Among other things. this legis-
latlon seeks the right Of government
ln1unctlons relative to certain exist
ing civil rights statutes on the books
Including, but not limited to. the
right to vote
II becomes a tragic error and q
tfaFesty Of justice to attempt the
protection of civil rights for any one
group through process which de-
mes a liberty equally precious-that
Of trial by jury. The Admnistra-
tons civil rights proposal viii
simply do just this
These proposals eliminate trial by
Jury by making the United States
government a party to private suits
brought under present civil rights
statutes and substituting a remedy
the injunction for common law pro-
ceedings
The evils OF government by in
junction have become well known
and ii IS not primarily these evils
! wish to discuss today but rather
the very imminent danger that
equity IS fast substituting its sum
mary processes and e-emptofy
t,,,,f a,,fe 4.
proceedings Of indictment by grand
jury and trial by petit jury.
This encroachnent Of the equity
process into the enforcement of our
criminal laws and the usurpation OF
the States police powers has been
gradual for many years, but lately
the pace has accelerated at an
alarming rate.
The most frightening aspect of the
civil rights proposals is the power
Of the court TO punish dlsobedlence
to the Injunction by summary pro
ceedings for contempt. without jury
trial Under present Federal laws
when an individual is subject to con
tempt proceedings, for acts alleg-
eddy in violation Of State or Federal
laws. he has the right to jury trial
On request.
This guaranty arose out of labor S
experience with lnjunctions n
judges But it does not apply to in
Junction cases wherein the United
States is a party u the suit,
The Administration asks that the
United States government become a
party to private suits under civil
rights statures, thus negating com
pletely trial by jury except upon
election Of a judge and empowering
single judge to issue the injunc-
ton, make its initial Interpretation
determine who has violated it, and
punish HIM for contempt
The injunction and contempt pro
cess subjects an individual to the
same Jeopardy he suffers in crimi-
nal proceedings Two men can be
celllnates iii the same Jail for com
nltting identical acts One was con
:Yieted by jury, the other re-
manded by Judge for violating
court decree, Where is our equal
Justice before equal laws if. because
q doubt on the facts, the jury above
released the defendant. and the
Judge Jailed his defendant?
Where | ask, viii this lead use
There is not one particle less
liberty involved in punishment for
contempt and in punishment for VIC
Ation of State or Federal law.
The real difference is that under
common law proceedings. an &C
cused's guilt on innocence and his
liability to damages. are determined
bS a jury. while i'll contempt pro-
ceedings his fate rests with a single
Judge One held i'll on e N p /.
whether it be criminal or civil con
tempt, is subject 70 fine or imprison-
meni
L Aas with diSmay and sadness
that ! have watched the Department
Of Justice handle this entire matter
as the hearings and press comments
drew forth the issue Instead Of a
Willingness TO amend the bills and
provide the safeguards OF our very
heritage. the Department has re-
NAMED adamant demanding pre-
emptory punishments i'll the interest
OF speed at a sacrifice Of safeguards