Selma Background 1

    10 Columbus Circle 
New York, N.Y. 10019 
JUdson 6-8397 

NAACP 

ea Defense and Educational Fund 

FROM: 

PRESS RELEASE 
President 

Dr. Allan Knight Chalmers 
Director-Counsel 

Jack Greenberg 
Associate Counsel 

Constance Baker Motley 

MEMORANDUM 

February 1965 

Public Information Department 
NAACP Legal Defense Fund 

RE: BACKGROUND ON LITIGATION IN SELMA, ALABAMA 

January 28, After many more arrests, including that of 
I965 John Lewis, SNCC Chairman, the NAACP Legal 

Defense Fund filed a "siotion for Additional 
Relief and Show Cause Order", in which they 
urged that Sheriff Clark prove himself not in 
contempt of the Court's order or be fined or 
imprisoned, or both. Also, that all interference 
with Negroes seeking to register to vote be halted. 

January 25, Mrs. Annie Lee Cooper, a 53 year old clerk at a 
1965 

January 24, District Court Judge Daniel H. Thomas decided in y 

1965 

Selma motel, was wrestled to the ground by Sheriff 
Tames G. Clark and three of his deputies. Dr. 
Martin Luther King accused the police of brutality. 
Mrs. Cooper contends she was defending herself 
against the Sheriff when she struck him. She was 
arrested and released under $2,000 bail on two 
charges of assault. Pe 

favor of the NAACP Legal Defense Fund in an in- 
junction that stated, in part: ". . . Umder the 
guise of enforcement there shall be no intimida- 
tion, harassment or the like of the citizens of 
Dallas County legitimately attempting to register 
to vote, nor those legally attempting to aid 
others in registering to vote or encoutaging them 
to register to vote." 

On the same day, Judge Thomas permitted 100 Negroes 
not more than two abreast, to line up outside the 
voter registration office, for the purpose of reg- 
istering. Negroes had previously been lined up 
in the alley and never registered. 

Z 

January 22, The NAACP Legal Defense Fund filed with the U.S. 

1965 

Jesse DeVore, Jr., Director of Public i Night Number 212 R ide 9-8487 

District Court for the Southern District of Ala- 
bama, a complaint and motion for temporary re- 
straining order requesting injunctive Telief again 
against Sheriff James G. Clark restraiming him 
and the other defendants. It asked that the 
defendants be enjoined from interfering with 
Negroes attempting to register to vote or those, 
peacefully gathered.for the purpose of veueniag 
for them or to encourage them. )” 

(more) 
So 



July 14-15 
: ——_a— 

; 
‘July 9, 

4 

January 2, 

December 31 
ed 

Early Jul 
SGU apes 

March 6 
1964 

September thru 
October, 
1963 

-2- 

Dr. King addressed mass meeting and launched 
voter registration drive. 

NAACP Legal Defense Fund attorneys filed a re- 
newed motion to dissolve injunction (see July 9, 
1964 herewith) in light of plans for “anuary 2, 
1965 voter registration drive launching. % 

Injunction cannot be enforced in local state court, 
at least so long as Federal Court has jurisdiction. 

Federal Judge, Daniel Thomas ordered the release 
of all those arrested, reducing bail to comply with 
federal standards. ‘ 

Dallas County Circuit Judge James Hare issued an 
injunction enjoining SNCC, other civil rights» 
organizations, and individuals doing civil rights 
work, as well as the Ku Klux Klan and other racist 
grouos (from meeting in public, in groups; larger 
than three, or in private where violations of law 
are suggested or advocated.) The Legal Defense 
Fund is fighting to have the injunction dissolved, 
and is currently urging the Federal Distxict 
Court, to which the case has been remove J to re- 
tain jurisdiction. ¥ 

About 75 participants in a SNCC- sponsored voter 
registration drive were arrested for various 
charges, including disturbing the peace, trespass 
after warning, interfering with a court in session, 
and contributing to the delinquency of a minor. 
Some of these arrests grew out of a test of the 
Civil Rights Act at a local movie theater, others 
from peaceful picketing. Pail was effectively 
denied by the continual shifting of bond onditions 
In the next week, the Legal Defense Fund secured 
the removal of all of these cases to the Federal 
District Court. 3 

The Alabama Court of Appeals reversed the peace 
bond convictions. Subsequently, the Appeals 
Court denied a rehearing. In Tune, 1964, the 
state asked the Alabama Supreme Court to hear the 
case. In August, that court refused to do so and 
in N vember declined to reconsider its refusal. 

During these months, peaceful demonstrations, part 
of a voter registration campaign (in Dallas 
County, only 300 Negroes are registered), resulted 
in about 200 arrests. The Legal Defense Fund be- 
gan its defense of these persons. Fifteen were 
convicted in City Court of parading without a 
permit; these convictions were upheld by the county 
court. Among other convictions were three for 
contributing to the delinquency of a minor -- 
sentences for these three were one year at hard 
labor, a $300 fine, and a $1,000 peace bond -- 
and five for unlawful assembly -- sentences for 
them were 180 days in jail, £100 fines, and 
$1,000 peace bonds. a 

oe 

x 

inibire) 



Late October, 
1963 

é 
GEditor's Note: 

AN 
i 
: 

- aor 

Ww 

Since October 1963, trials of the other as 
persons arrested have continued in the Recorder! 
Court of Selma, The County Court of Dallas i 
County, and appeals of all convictions taken 
to the Circuit Court of Dallas County. Those 
upheld in the Circuit Court have been further 
appealed to the Alabama Court of Ww 

io 

The Legal Defense Fund efforts to secure “bt % 
release of the persons being held on peac 
bonds, including John Lewis, Chairman, ans 
other members of SNCC, failed in the Dallas 
County Circuit Court. The "peace bond" con- 
victions required posting of a $1,000 bond and 
keeping the peace 
demonstrations) . 

Legal Defense Fund attorneys: 
Norman Amaker, Charles ‘ones and Peter Hall: 
may be reached: 

Day: 205-872-3759 i 
205- 324-7691 iH 

Night: 205-323-7211 

i.e., not engaging in further ee 

<
R
S
 

ey Re