Evening star., 1961-10-23
COURT

Continued From First Page
and a list of the persons TO
whom the buckets were to be
delivered as Christmas presents
from the TeamSters Union.
The list of eight names in
cluded the late ex-senator
George Bender. who headed a
so called anti racketeering
commission established by the
Teamsters in 1858 to investi-
gate corruption and improper
practices by its officials. The
racketS committee wanted to
know the relationship between
the former Senator and Team
sterS officials.
A committee investigator teS-
titled that he had seen the rec
ord. left it to be photostated
and returned to discover that
the invoice had been torn to
remove the eight names and
separate sheet listing the
names was missing.
PreSSer testified that he
could not have interfered with
the record because he was in
Washington at the time, that
ne visited TeamSteTS chief
James R. Hoffa and stayed in
a suite also used by Mr.. Hoffa.
The Government, however.
proved that Mr.. Hoffa had
made ng-distance calls to
Presser in Cleveland during the
time PresSer claimed he was in
Washington.
PresSer was convicted and
drew an eight-month sentence.
Mcclellan as Witness
In seeking Supreme Court
review, Presser contended that
Senate Committee Chairman
Mcclellan should not have been
allowed to testify at his trial,
that Presser could not have OBJ
structed justice because the
Government ultimately got the
information it sought and that
the evidence against him did
not warrant conviction.
In the NAACP case the Or
ganization asked the Supreme
Court to consider the long de-
lay in getting its case heard on
the merits. 1t argued that for
over five years its contributors
and supporters in Alabama
have been deprived of their
constitutionally protected right
to associate together under
NAACP aegis. The organiza-
ton also contended that its
supporters have been deprived
of NAACP help to combat ra-
Cial discrimination in Alabama.
The organization has been
enjoined from operating in Ala
bama since a restraining order
was issued in 1856. NAACP
contended that it had never
been granted a hearing to de-
termine the legal and consti-
tutional validity Of the order.
The State originally contend
ed that the NAACP was doing
business in Alabama without
qualifying as a foreign corpo-
ration and later moved to re-
quire the NAACP to produce
its Notwithstanding member
ship lists.
NAACP Held in Contempt
The NAACP refused to COM
ply with the order. and was
held in contempt and fined
$4,000. Later the fine was in
creased to 100000. The Su-
preme Court Of Alabama re-
fused to review the contempt
judgement and NAACP went tc
the Supreme Court.
The Supreme Court held that
the State could not require the
production Of names Of mem,
berS and it voided the contempt
conviction, but it refused t
pass on the restraining order
saying that question should b.
heard in the lower courts.
Then the Supreme Court o
Alabama reaffirmed the con
tempt judgment and the Su
preme Court of the United
States again reversed it-bu
again it left it to the lowe
courts to handle the other is
sues.
When the Supreme Court o
Alabama delayed sending dow
its mandate to the circui
court, NAACP went to the
Federal court. Several week
later. however, the Suprem,
Court of Alabama remandeC
the case to the circuit court ant
directed that the temporar,
restraining order remain il
force until the case was de
termined on its merits.
Jurisdiction Disputed
In Federal court. the Dis
trict judge said he lackeu
jurisdiction. noting that tn
contempt matter was again i
the State court. The appellat
court ruled that he should no
have dismissed the case bu
should have retained jurisdlC
ton while the case was BEN
determined in the State cour
Today. the Supreme Coul
accepted the case and prompt
issued orders to force a hearin
on the question. 1t told tn
Fifth Circuit Court of Appea
to direct the Federal Distrit
Court to try the case unle'
within a reasonable time, i