Arizona sun., 1961-08-24
Integrity Of U. S.
Courts System
Is AT Stake

Washington = The National AS
S0ciati0n for the Advancement Of
Colored People has asked the
United States Supreme Court to
review lower federal court judg-
mentS requiring the Association to
await action by Alabama State
courts to determine the validity
of an injunction banning NAA vP
activity in that state.
The petition for a writ of GER
tiOrari was filed with the Supreme
Court on August 10 on behalf of
the Association by NAACP attor-
neyS Robert L. Carter of New
York City, Fred D. Gray of Mont
gOmery, Ala, and Arthur D.
Shores of Birmingham. 1t seeks
to bring to an end five-year
staIemate during which the Ma
ACP has been enjoined from any
and all activity in the State of
Alabama.
Association activity in the state
has been suspended since July,
1856, when Alabama Circuit Judge
Walter B. Jones issued an injunc-
ton banning the NAACP from op-
Grating in the state and further i'm
posed upon the Association a fine
of 500, 900 because the organize
ton refused to disclose its list af
members and contributors.
In the meantime, the case has
been twice carried to the United
States Supreme Court which in
June, 1858, invalidated the fine
and returned the case to ine
State Supreme Court with a man.
date for a lower court trial of the
suit on its merit. The Alabama
Supreme Court refused to abide
by the ruling of the United States
Supreme Court. On appeal, the U.
S. Supreme Court again reversed
the Alabama court in a decision
handed down on June 8, 1859.
Throughout the period efforts Of
NAACP lawyers to get the state
courts to pass on the validity of
the injunction decree proved i'm
availing. On June %, 1860, the
NAACP instituted proceedings in
the United States District Court.
The District Court and the Circuit
Court of Appeals, with Chief Judge
Tuttle dissenting, held that the
trial of the case on its merit should
be held in a state court.
Asserting that their efforts TO
secure action in Alabama courts
have been futile. the NAACP law
yers petitioned the U. S. Supreme
Court for review of the judg-
ments of the lower federal courts.
The petition alleges that the
right of the NAACP Ito a hearing
to determine the legal and consti-
tutional validity of the IN
junction has been Obstructed
through a deliberate, purposeful
and prejudicial use of state court
process and procedures, despite
petitioners persistent efforts to
be heard and two decisions of IhiS
court ordering a hearing be afford
ed"
There remains little doubt, the
petition continues, "that unless the
federal court asserts jurisdiction,
petitioner will not be granted a
hearing on the merits Of this cause
in the forseeable future"
The revival of the NAACP in
Alabama depends upon the out
come of this case. But more is
involved, the petition asserts. ''The
case raises an issue of fundamental
importance to the administration
of justice and the integrity of the
court process in the United States.
That is, whether petitioner, after
being subjected to a penalty, can
obtain relief in the federal courts
when state officials by procedural
maneuvers and deliberate design
indefinitely deprive it of redress,
the NAACP points out.
The Courts attention is called
to the anti-NAACP role and words
of Alabama Governor John Patter-
son and Circuit Court Judge Jones.
1T should be remembered" the
petition says, ''that these proceed
ings were instituted by Attorney
General John Paterson, now Gov
ernOr of the State, who as a part
of his gubernatorial campaign
pledged an 'all-out-fight against
the NAACP.' He stated, :. /
promise you that l will continue,
as have in the Attorney Generals
office, to wage an about fight