St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1957-05-17

10 weaken the pending civil ri
deprives election officials, who
a constitutional right" to Il
spurious" Roy Wilkins, NAAC
here this week.
In a letter to units of the AS
ISOLATION throughout the country,
Mr.. Wilkins warned that foes Of
civil rights by bringing up this
issue, are seeking to sabotage the
bill which is now bottled up in
the House Rules Committee and
the Senate Judicial Committee.
The bill, designed to protect the
right to vote, has bipartisan sup
port, 1t would enable the U. S.
Attorney General to initiate civil
action against local officials and
others who interfere with the
right to vote Persons found gull
~ would be held in contempt if
they disobeyed the order of
federal district court judge to dis
continue such interference.
Amendments Flouted
1T is now contended that the
provision for civil action and in
junctive procedure by the Attor-
ney General would deprive cleo
ton officials who disfranchise
Negro citizens of their "constitu-
tional right to a trial by jury"
the NAACP leader asserted.
The state and regional govern
ments which have shamelessly
flouted the 14th and 18th Amend
ments to the U. S. Constitution
las well as sections of the Bill of
Rights, which have encouraged
and defended the registrars in the
flouting and which have come to
power at home and in Washing
ton by reason Of this flouting,
have now the unmitigated gaIl to
advance the transparency spur
ious claim that the proposed bill
would violate a constitutional
right"
THE truth is that the bill would
deprive no one of any constitution
al right" Mr. wilkins told local
leaders Of the Association. The
constitutional right to a jury trial
in a criminal action remains. Any
one charged under the criminal
code will have, as in the past, the
right to a jury trial.
No Constitutional Guarantee
But there is not and has never
been any constitutional guarantee
Of a jury trial in the type Of
civil action provided by the bill.
one cannot be deprived OF some
thing that does not exist. These
court orders are issued only after
a hearing before a judge in which
witnesses are heard and the &C
Cused has counsel and the right TO
cross examine. If the injunction
should be issued and disobeyed the
defendant is found in contempt
and the punishment is assessed by
the judge who issued the order.
The defendant would have the
right to appeal"
Meanwhile support for the
NAACP position came from Nit
chen Franklin, professor Of law at
Tulane University in New Or
leans. In a letter to the New
York Times, published on May 5,
Mr.. Franklin cited Assistant At
torney General Warren Olneys
condemnation Of attempts to null
lily the bill by providing for trial
by jury.
"Repressive Conditions"
The justification Of the intunc-
tive procedure in suits in equity. |
the law professor pointed out, |
may be readily explained and |
understood in the light Of the
generally repressive conditions
prevailing in most of the South !
today, the consequences Of which
are that requirements and presup-
positions for the administration !
Of the jury system do not exist. |
The jury system cannot flourish |
II the jury is not free from fear
and IL II cannot make objective
determinations"
Further, Mr.. Franklin as
serted: The introduction Of the |
jury into equity" activity. when |
IL is not eonstitutionaIly required.
under the social circumstances
which obtain In most Of the
South at present would, as Mr.
Olney says, be a clever device to
nulhfy" civil rights legislation"
Not New Proposal
Earlier, on Aprl 20. Roscoe
Drummond. Washington CORES
pondent Of the New York Herald /
Tribune, said that the Depart |
ment Of Justice has used such pro- |
oeedings tequity suitsl in anti
trust cases since 1890 and has
similar powers 10 enforce the