The Farmville herald and farmer-leader. (Farmville, Va.) 1934-1957, 1957-01-22
Abbitt Attacks
Law Making Power
OF Federal JUDGES
Local Congressman
Embassies Right
Of Trial BY Jury

watkins NJ Abbitt Congressional
Representative Of the Fourth Dis
trict. recently co-sponsoreds bill
aimed at curbing the "high-handed
manner in which some federal
judges have arrogated unto them
selves authority that they never
had "
The circumstances behind the bill
come from The strife-torn town of
Clinton, Tenn. where a federal
judge issued an injunction against
people IN general. including those
not a party to any legal proceed
ings.
Abbitt and his co-sponsor. Con-
gresham F1ynt. Of Georgia. have
aimed the bill to specify the powers
of the court in contempt proceed
ings
Ahbitt said, Briefly the bill will
limit the power Of Federal judges
to the issuing of injunctions and will
guarantee TO the citizens Of this
country a trial by jury in all con-
tempt proceedings other thar mis-
behavior of any person in the pres
ence of the court or so near thereto
as to obstruct the administration of
justice and misbehavior of any of
the officers of the court in their
official transactions. The bin also
provides certain safeguards as to
who is guilty of contempt"
Congress Must Act
Abhitt said in presenting the bill,
1T has become necessary that the
Congress do something to protect
the rights. privileges, and freedoms
of the citizens of this country We
have seen some Of the judiciary
alrogate unto themselves authority
that they never had They have
usurped power never given them by
. the Constitution or the law Of the
: land"
They have taken over til e
functions Of the states and local.
ties, (" the Congressman continued
and endeaYored to broWbeat whole
communities into accepting the phi
losophy Of a particular jurist as to
sociological problems.
He continued, 4 say to you in all
seriousness that unless something is
done to stop the awful trend we will
soon have no liberties left to save Y
Abbitt noted that the bill he intro
duced is not aimed to protect any
one section, class. or segment Of
the nation, but is designed to pro-
tect all Of the people.
Clinton and Segregation
The bill is in part a result of the
Tennessee Federal district court
action in arresting 16 residents of
Clinton, Tenn, for contempt of
court on charges Of violating the
permanent injunction against inter-
terence with desegregation at the
high school. U, S. Attorney General
Herbert Brownell stated in connec-
ton with the Clinton case. that the
federal government would prosecute
AL persons" who attempt to block
pubic school deSegregation as or
dered by a federal court Brownell
has also announced that the Justice
Department has ordered the Federal
BUREAU of Investigations to inveSti-
gate the Clinton high school case.
The bill introduced by Abbitt and
Flynt is. according to their word
ing "A bill to guarantee the right
of trial by jury in certain contempt
cases in United States courts and to
restrict citations for contempt to
proceedings involving persons hav-
ing acutal notice of terms of writ
process. order, rule, decree, or
command of the court, and for
other purposes.
In presenting the bill to Congress.
the two sponsors noted a provision
Of the Constitution which says. TT
all criminal prosecutions the ac-
cused shall enjoy the right to a
speedy and public trial by an inl-
partial Jury Of the state and dis
trict wherein the crime shall have
been committed
Congressman Flynt added If
and when the right Of trial by jury
and other constitutional rights Of
free meh are abrogated by men in
whatever position they may serve.
then on BY one they will all be
stricken down and swept away and
il viii toll the death knell Of our
constitutional form Of government
and cm nation. which was conceiN-
cd il liberty and dedicated to free
dom