The Farmville herald. (Farmville, Va.) 1957-current, 1960-03-15

lack in the bill Of any provision
Of how this n d n g shall be
made, or the rules. procedures.
or evidence under which 1t is to
be done. After the F. e d era |
Judge. under the guidance of the
Attorney General and without
any specific provision for a hear
ing on the part Of the State in
yolved, makes a finding that a
pattern of discrimination exists,
the decree would establish con-
elusive presumption that all Ne
groes. who were not even par
ties to the initial proceeding.
have in fact been Disseminated
against. It would make it totally
unnecessary for them to prove
any alleged discrimination on &C
count of race or color. That is
the nub, the crux, and the very
| heart OF the bill.
In the next step the referee, y
appointed by the Federal Judge
takes the statement Of the apph-
cant and the specific language
OF the bill requires that 1.-The ap-
pllcant Shall be eX parte," which
means that the other parties, the
State and the authorities in the
locality, are denied the oppor-
tunlty to be heard. The first bin
introduced on the subject spec
officially required that these REF
ereeS" be selected from persons
outside Of the State. This was
such an obvious ''carpetbagger"
requirement that in the revised
bill that provision is omitted. But
there is no provision in the pres
ent bill that the referee" shall
be a local person with knowledge
OF local people and it Still per-
| mits. although it does not re-
qulre, the court to appoint car
petbagger referees from out of
the State.
The next step in this cunning
scheme compels the referee" to
presume that the applicant has
been denied the right to vote on
account of race or color and to
accept as true his representation
or misrepresentation as to his
age. residence, etc. The ref
cree does not referee anything
/ He hears only one side of the
issue. The bill. inviolation of all
| standards of due process, denies
local registrars of voters or
State officials, WHO are presumed
to have denied the right of an
applicant to vote on account of
/ race or color, the right to be
present with counsel at the So
called hearing and the right to
| confront ard cross examine
their accuserS.
In the next step, the referee
reports the result of his phony
hearing to the court. At this point
only, the Attorney General of the
State is invited to file ''excep-
tons to the report, but since
the report contains only the
self-serving declaration of the
applicant, without the right of
conformation and cross examina-
ton, this invitation is practically
meaningless.
| When all of this unprecedented
procedure has been carried out
! according to plan. the court gives
to the Negro certificate that he
is a qualified voter and then
I authorizes the referee" ''or
such other person or persons as
ne may designate" to attend the
! election at all polling places. look
over the shoulders of the State
authorities and see that the
person is voted, and that the
vote is counted. State law re-
qulres election officials to keep
people a stated distance from
polling places and voting booths.
SO that under the bill, if they adj
init the Federal agents, they go
to State jails, and if they exclude
them, they 60 to Federal jails.
Likewise. in all other respects,
if complaint is made by a Negro
voter that the Judges orders
have not been carried out to the
letter, the State election officials
may be hauled into court on a
contempt citation and sentenced
TO jail, or fined. or both, and de-
prlved of the right to trial by
jury. It is frightening prospect
that in the United States our Fed
eral jails could be filled with
political prisoners consisting of
state officials.
Such is the devils brew that is
cooked up for consumption for
the Southern States alone. It is
utterly unconstitutional. It is dev-
astating. It is the sure breeder
of racial Troubles of untold tat.o