Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-06-09
THE JURY TRIAL ISSUE
A LAWYER Looks at the Southerners' Case

for contempt. But this provision
said the jury trial requirement
should not apply when the Fed
eral Government was the party
which had obtained the injunction.
Later, the Norris-La Guardia Act
Of 1882 added more specific labor
protection by providing that in
any Federal contempt case grow
ing out Of a labor dispute. the ac-
cused person should have a trial
by jury. This provision carried no
exemption from the jury trial re-
quirement when the Government is
involved. The Southern argument
leans on this in two ways:
. First. it argues that there is dis
elimination. In civil rights cases.
a person charged with contempt
for an injunction secured by the
Attorney General cannot have a
jury trial under the Clayton Act
provision. A person accused Of vio-
lating a labor injunction gets
jury trial under the Norris-La
Guardia Act even If the Govern
ment is involved.
The trouble with this argument
is that, when the Government Sc
cures an injunction against labor
union, this is not considered to be
a labor dispute within the meaning
OF the Norris-La Guardia Act.
Hence, jury trial can never apply in
favor Of labor when the Govern
ment is involved.
. Secondly. it points TO things that
labor said in support of jury trial.
which condemn injunctions in gen.
eral terms.
Thus, when the Norris-La Guardia
Act was in bill form. Senator Norris.
noting that the section on jury trial
was to have general application"
and was mot confined to labor dis
.putes." said:
The ordinary criminal lows provide thot
ony person choroed with O crime sholl
hove the right to o jury thol. The person
tried for contempt Of court is tried for
o criminal oct. II is true this oct hos not
been mode criminal BY stotute, but BY
the order Of Judge. The judgment. how
ever, con deprive the defendont Of his
liberty, con confine him TO loil, and the
length OF the term OF confinement is
within the discretion Of the Judge who
mode the order The Judge becomes the
legislature and, os such legislature. he
mokes something crime thot is not
crime under the general low. He then
sits in judgment and tries the person who
is charged with violotine the low which
he hos enoeted. Whot difference is il TO
the defendant. so for os his punishment is
concerned, whether the low hos been
mode by the Judge or the lesisloturel
His suffering is Just os greet in one cose
as in the other. Why should he be de-
piyed Of q jury triol when the Low is mode
by one mon insteod Of BY the regular
Legislative authority
This is a difficult argument to an
swer. and appears TO be winning
sympathy. among Congressman out
side OF the Southern hard core. for
allowing jury trial in the contempt
prosecutions. 1t may be. however
that allowing jury trials In the con-
tempt prosecutions would not toe
greatly affect the enforcement OF
civil rights projections.
Test Comes Earlier
The real trial Of an alleged
deprivation Of civil rights occurs
in the suit for an injunction. II
is at this stage that the acts a
person is doing or is about to dc
are Judged as to their legality OF
illegality. once given acts have
been enJoined as unlawful, all that