Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-08-01
Leader Remembers

a LABOR Leader Remembers
John L. Lewis has a longer memory
than some of his younger brethren in
labor leadership today. He strongly
supports jury trial amendment in
civil rights legislation, so glibly con-
demned by others in his field.
Mr.. Lewis recalls that 1.-The strong
and harsh power Of injunction has been
In the past so often abused and indis-
criminately used that enlargement
thereof, even for worthy purposes, must
carry with it reasonable protection to
all citizens who may be charged with
violation and therefore cited and tried
for contempt" He looks on the
O'Mahoney-K efauver amendment, not
as weakening of the civil rights bill,
but as e.. wise, prudent, and proper
amendment, protective to the basic
rights Of all citizens whereSoever To-
Gated and which -. will strengthen
the bill"
The jury trial issue would naturally
remind Mr.. Lewis Of the Norris-La-
Cdardia Act, turning point in the his
1t was designed to correct. The Senate
debate on that issue of IS years ago
should be reread. For the Senate over
whelmingly approved, in that law, jury
trial provisions which went beyond the
scope Of the O'Mahoney amendment,
with the Kefauver and Church additions.
Senator Norris had argued that "any
man charged with contempt of court, the
punishment for which may be a term
in Jail, ought to be entitled to a jury
trial" That was the way he wrote his
bill, and that was the bill the Senate
approved.
What happened then becomes more
interesting in the light of current
Senate debate. In conference with the
House, the Senate bill was modified.
That modification was strongly urged
by the then politically powerful Anti
Saloon League, which argued that if Jury
trials were permitted in contempt re-
Sulting from violation of paddock" in
functions, jurteS Mould not CONFLICT. Re-
sulting modification of the Senate bill
limited its jury trial provisions to con-
tempt arising under the Norris-La-
Guardia Act.
In return, the House made conces-
sions, one being retention of Senate
provision nick-named the editors sec
ton" Some of the editors who today
so scornfully deride the jury trial
amendment in the civil rights bill
should remember It. For editors, as well
as labor leaders, had been victims OF
punishment for contempt without jury
trial The editors section" never men,
toned editors. But it gave them, with
other citizens, the right of trial by jury
If their out-of-court editorial criticism
was found by judge to be contemptu-
GUS, and provided that another Judge, if
requested, would sit in the case.
Senator Norris was a prohibitionist.
In arguing for jury trial in all cases
Of contempt, he told the Senate he had
felt the pressure of the Anti-Saloon
League-juSt as Senators OMahoney,
Kefauver and other liberals who want
jury trial feel the pressure from Glib
erals" who oppose jury trials. While
agreeing to the conference report re-
oIiNCAlS jury IIldl pIONlSlOHS OF JHe
Norris-LaGuardia Act to cases arising
under that act, Senator Norris warned
the Anti-Saloon League in words that
are apt today:
Prohibition has lost many Of it's
best friends We all have to concede
that. In my judgment &. =. if we follow
you and say we want different law,
a different rule, applied to prohibition
cases from what is applied to any other
case we are going to lose the support
OF more good people in this country,
who will take the other side of the ques-
ton and demand the repeal of pro-
hibition."
They did. And If the civil rights
bill is weakened by killing the reason
able and relatively narrow application
Of the jury trial principle as provided
in pending amendments, needed en-
forcement Of the fright to vote" may
suffer more than it gains.