Evening star., 1963-03-18
PAUPERs
CONTINUED From Page A-l

factors making it "fundamen-
tally unfair" to deny such rep
resentat!on.
Justice Black, who delivered
today's opinion upsetting the
1942 ruling, said that In the
earlier case the court had con-
cluded appointment Of counsel
Twas not q fundamental right
essential TO a fair trial. To-
day, the court reversed this de-
cision and ruled that a defend
ant cannot be assured q fair
trial unless counsel is provided
| for him."
"The right Of one charged
with crime to counsel may not
be deemed fundamental and
essential TO fair trials in some
countries. but it is in ours"
Justice Black said. ''This nobel
ideal cannot be realized II the
poor man charged with crime
has to face his accusers with
out a lawyer to assist him"
Justice Black said the court
In 1912 was wrong in conclud-
ing that the 9Th Amendments
guarantee Of counsel "in all
obi minal prosecutions" was
not a fundamental right bind
ing upon the states.
The Supreme Court long has
held that poor people must be
represented in capital cases in
State courts and ruled in a |
1898 case that the Federal
courts must provide lawyers for
indigents.
Five States Named
Most States have made some
provisions for appointment Of
free lawyers in felony trials,
but five States have taken no
steps in this direction. The five |
States were listed as Alabama,
Florida. Mississippi, North Ca
rolina and South Carolina.
President Kennedy, under
scoring the need for adequate |
counsel for poor people. recently
asked Congress to improve legis-
lation providing for the financ-
ing Of defender systems for Fed
eral Courts.
Such legal aid in Federal |
criminal cases, said Attorney
General Robert F. Kennedy, the |
Presidents brother, "is dictated |
not by charity and the Constitu-
ton alone, but by justice itself. "
Ruling Made on Florida Case
Today's ruling came in a
Florida case in which a man
charged with breaking into a |
Bay County Flortda) pool hall
asked for a lawyer but was told !
he could have one only in a |
capital case.
The defendant, Clarence Earl |
Gideon, a 50-year-old white |
mechanic with q prior felony
record. according to the State,
represented himself. He was
convicted and received a maxi
mum five-year prison sentence.
Abe Fortas, a Washington
Cd. CO attorney, was appointed
to represent him when Gideon
appealed to the Supreme Court.
Mr.. Fortas maintained that the
1912 ruling had turned out to
be unfair and unavoidable.
In oral arguments before the
supreme Court in January he
asserted that mo man.. GER
tainly no layman, can conduct
Ia trial In his own defense so
that it is a fair trial."
il Florida authorities argued
that q ruling requiring free
counsel for all paupers would
encroach on States rights,
amounts to socialism and over
looked the ability of many de-
PENDANTS to represent them
selves.
The Supreme Court, in agree
ing to hear Gideon's case, had
asked lawyers to argue the
merits Of the 1942 decision. The
American Civil Liberties Union
and % State attorneys general
filed briefs in favor Of scrap
ping the earlier ruling.
In other action today, the
Supreme Court:
Outlaws Truth Serum
/. Unanimously ruled out the
use Of any drug-induced" con-
fessions in criminal trials. But
while there was unanimous
agreement on the drug ques-
ton. there was a 5-4 division
on standards under which Fed
eral judges must grant habeas
corpus hearings growing out of
State court convictions.
Chief Justice Warren de-
livered the courts opinion.
Justice Stewart wrote a dis
senting opinion joined by JUS
tice Clark, Harlan and White.
2. Upset breach Of peace con-
victions Of more than 800 Negro
students arrested in 1860 during
an anti segregation protest
march in Orangeburg, SC.
| The students, who tried to
reach the city square by three
| different routes from two Negro
college campuses, were inter-
cepted by police and arrested
after refusing 10 disperse. They
we're ordered to pay $50 fines
or serve 30 days in jail.
In an unsigned order, the
court vacated the judgment Of
the highest State court and
sent the case back for con-