Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-12-09
Top Court to Hear Appeal
OfNAACP in Picketinq Case
By DANA BULLEN
star staff Writer

By DANA BULLEN
star staff Writer
The Supreme Court today
agreed to hear an appeal by
the National Association for
the Advancement Of Colored
People against a Florida courts
Injunction the NAACP claims
could limit its right to picket.
The Florida court prohibited
NAACP picketing on a large
st. Petersburg store aimed at
obtaining integrated lunch
counter service and better job
opportunities.
"If this decision is allowed
to stand" the NAACP said in
papers filed with the Supreme
Court, sit would establish a.
precedent that no one may
picket to publish the fact Of
racial discrimination"
Racial Question
UNFOLDING the injunction Of
a Pinellas County Court against
the pickets, the I'd District
Court of Appeals said the case
involved "a racial or social
question" and laws applicable
to labor disputes, where picket
ing is permitted, did not apply.
"One's business" the Court
Of Appeals said, ". is In
every sense of the word prop
erty, and. as such, If lawful,
Cis) entitled to protection from
all unlawful interference" The
State court called the picket
ing "coercive."
The picketing was carried
on in December, 1862, outside
Webb's City, a large depart
ment store in st. Petersburg.
The lower court said the pick
citing caused a tense and in
flammatory situation" and a
drop in receipts at the store.
Objective Lawful
The NAACP said the objec-
tive Of the picketing was law
full and that the Supreme
Court has made it clear that
all forms of such peaceful pro-
test are protected against
state intrusion"
IF q group formed to Sc
cure equality pickets
peacefully in order to present
its position to the public :.
it is as justified in its conduct
as a labor union which pickets
for the same reason" the
NAACP said.
"The court below has no
basis upon which to prohibit
petitioners from exercising
their fights Of freedom Of
speech, association and assem-
bly, guaranteed by the Four
tenth Amendment" the ap-
peal said.
webb's City, which opposed
Supreme Court review of the
injunctions called the prohibi-
ton against picketing entirely
reasonable" to avoid violence.
The store also argued the
NAACP had failed to appeal
the case to the highest State
court.
The Supreme Court also took
these other actions today:
REAPPORTIONMENT
It agreed to review the dis
missal by q special three-judge
Federal court Of three CONSOLE
dated suits attacking the ap-
portionment Of the Colorado
legislature under recent State
constitutional amendments.
The lower courts opinion
said, THE people are free i.
to establish the governmental
forms which they desire and
when they have acted the
courts should not enter the
political wars to determine the
nationality Of such action"
The suits contesting the 1852
apportionment we're brought by
residents Of the Denver metro
politan area. They said the
question in the case is whether
the populace Of any State, by
vote and alteration Of a State
constitution, may deprive
other and non-consenting por-
tons of the population Of fun
damental rights Of suffrage and
representation"
POLICE EAVESDROPPING
The court agreed to examine