Selma Background 2

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

NAACP 

Legal Defense and Educational Fund 
PRESS RELEASE 

ss utde* 
President ¢ a 

Dr, Allan Knight Chalmers : ce 
Director-Counsel : 

Jack Greenberg 
Associate Counsel é is ds 

Constance Baker Motley . ag 
& 

MEMORAN DU M 

February 1965 

FROM: Public Information Department 
NAACP Legal Defense Fund 

REs 

February ll, 
1965 

February 10, 

1965 

February, 10, 
1965 

February 8, 
1965 

February 5, 
1965 

Jesse DeVore, sr. -ector of Public Information—Night , —=12 Riverside 9-8487 ) 

BACKGROUND ON LITIGATION IN SELMA, ALABAMA 

Acting on a motion for a Writ of Habeas Corpus* 
filed by the NAACP Legal Defense Fund for the 26 
Negroes arrested in Selma for "Contempt of Court", 
the District Court of Appeals in New Orleans 
handed down an order requiring the Federal District 
Court, in Mobile, Ala., to hear the Legal Defense 
Fund's argument for a Writ of Habeas Corpus in the 
case of the 26. 

In New Orleans, Legal Defense Fund attorney, Norman 
Amaker filed a motion for a Writ of Habeas Corpus 
with District Court of Appeals Judge John Minor 
Wisdom for the 26 Negroes arrested for contempt of 
Court in Selma, Ala. 

Also, attorney Amaker asked the District Court 
of Appeals to delay the execution of the S-day 
sentence and $50 fine imposed by the Circuit 
Court on the 26 Negroes until the appeal proceedings 
had been decided. 

In Washington, D.C., NAACP Legal Defense Fund 
Director-Counsel, Jack Greenberg and Dr. Martin 
Luther King, Jr. met in a private session with 
President Lyndon Johnson to discuss the Selma 
situation, 

Later Dr, King met with Vice-President Hubert 
Humphrey and U.S. Attorney General Nicholas 

«: Katzenbach to discuss the need for additiona?— 
federal legislatic~ in order to guarantee ail citi- 
zens the right to vote. Both meetingswre 

confidential. 

: Federal District Cotst Judge Daniel H. Thomas denied 
Legal Defense Fund motion for a Writ of Habeas 
Corpus in‘the conviction of 26 Negroes for "Contempt 
of Court" -in Selma. 

NAACP Legal Defense Fund attorneys fil. a motion 
for a Writ of Habeas Corpus on behalf o: 26 Negroes 
who had been arrested for Cont t of C ust when 
they paraded in the Courthov area whi.e Court was 
in session. They were conv d and gi en punish- 
ment of 5 days in jail anc $ fine. Tae motion 
was made before the Federzsl D.strict Court. 

(more) 



February 25 
1965 

February 4, 
1965 

1965 

February 2, 
1965 

= 
,1965 } 

“January 30, 
1965 

February 3, Ds 

ees, 

Dr, Martin Luther King's Southern Christian Leader= 
ship Conference called a temporary halt to 
demonstrations to consider future action. 

Judge Daniel H. Thomas, acting’ on a suit filed by 
the U.S. Department of Justice more than a year ago, 
handed down an injunction streamlining procedures 
for processing Negro zoter applications; barring the 
use of complicated literacy test; and assuring 
Negroes of the right to apply directly to the court 
if rejected, s 

Although this injunction covered generally the 
elief sought in the NAACP Legal Defense Fund suit 

(King Ve Baker), it was not. as all encompassing or a 
specific in detail. 

NAACP Legal Defense Fund filed a suit. (King v. 
Baker) with the U.S. District Court for the 
Southern District of Alabama, which, in part, asked 
the Court to enjoin Wilson Baker, Director of Public 
Safety, from interfering with peaceful demonstrations; 
instruct Dallas County officials to hire a minimum 
of 10 additional registrars and require they process 
at least 100 persons a day; require that Selma's 
voter-registration office stay open six days a week; 
and to enjoin the registrars from refusing to allow 
Negroes to take the old test by which registered 
whites qua_ified in the past. 

This entire motion was denied by Judge Daniel 
H. Thomas. However, the motion to enjoin Wilson 
Baker from interfering with Negro registration 
efforts, «nich was denied, was based on similar facts 
and of the same nature as the motion granted against 
Sheriff James Clark. 

Sheriff James Clark arrested 26 Negroes conducting 
a peaceru. cemonstrecion outside the County Court- 
house for . .sturbing vne Court while it was in 
session, Trey sere convicted on a "Contempt of 

.-ege and we.e required to.serve 5 days in c 

jail anc woo fines. 

Director ilson Baker arrested Dr, Martin 
Luther K - Ralph Abernathy and 267 other 
Negroes -Without a License". Dr. King 
statec tnat puspose of the march was to urge 
the Guard of Asgistrars to increase the number of 
days when Negrves in’Selma can registar to vote. 
Presently, (Feo. 1) the Registration Office is open 
only on the lst and Srd Mondays of the month. 

Alsc. on the same day (Feb. 1) some 400 Negro 
youths Weise arrested near the Courthouse on charges 
of “Truancy! and “Juvenile Delinquency". They were 
holding a “peaceful” demonstration and singing 
"freedom" songs. Arrested Negro youths were either 
relessed in their parents' custody; released after 
+yaing a statement that they would not participate 

uture demonstrations; or, were made to. appear 
werore the Family Court Judge, 
2n 

Judge Daniel H. Thomas issued an order “Amending 
che Temporary Restraining Order of January 23, 1965". 
in effect, it stated on sons would be 
llowed in the voter-reg line at the Court- 
ouse in selma, Ala. Ho long as 

nstzr. tions for the purpose ? encouraging 
esons to tegister were peaceful, orderly and dic 

sfere with the procee ngs at the Courth...e 
taff.c outside, such gat. gs were permissic. 

more) 



January 
1965 

Bil 
«a 

apie: i 
ci lp tanuary 

1965 
5265>~_— 

Mtiw vlc 

1 

25 

The NAACP Legal Deve 

After many more arrests, including that of John 
Lewis, SNCC Chairman, the NAACP I Legal Defense Fund 3 Ade 

Lez and Show 
that_Sher“ ff Clark 

f the Court's order 
h. Also, tha all 

eecking.-to resiste® - & to 

proved Higeets not 
or be fined or im 

Mes. Anrie Lee Cooper, a 53 year old clerk ata 
Selma mote, was wrestled to the ground b by ei 
James G. Clark and three of his deputies. 
Martin Luther King accused the police of brupattty. 
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 assult. 

District Court Judge Daniel H. Thomas decided in 
vor of the NAACP Legal Defense Fund in an in= 
nection that stated, in part: ".... Under the 
ise of enforcement there shall be no intimida- 

tion, harassment or the like of the citizens of 
Dallas County legitimately attempting to zeyistar 
to vote, nor those legally attempting to aid others 
in registering to vote or encouraging them 
register to vote." 

On the s 
Negroes, not 

e day, Judge Thomas permitted 100 
t two abreast, to line up out= 

side the voter registration office, for the purpose 
of zregisterina. Negsoes had previously been lined 
up in the alley and ever registered, 

nd filed with the U.S. 
1 cA Di strict of Alabama, District Court or t 

a complaint anc 
order, requestin: ive relict again against 
Sheriff James G. k restraining 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 vouching for them or to encourage, them, 

(moze) 



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Saui 5273 

wal uary 4. 
i tatees oo 

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ay : 7" galt 8S y ee 

‘DR. King, addressed mags meeting and launcheé# 
-qypter registration drive. - 

' 

Injunction cannot be .enforced in, local state cpurt, 

at least so long as Federal Court has jurisaperion. 

Federal Judoe, Dantel Thomas ordered the release 
of all those arrested, reducing bail to comply with 

federal standards. ~ . 

July 9, Dallas County Circuit Judge James Hare issued an 

1964 injunction enjoining SNCC, other civil rights 

organizations, and individuals doing civil rights 
work, as well as the Ku Klux Klan and other racist 

a? grouos (from meeting in public, in groups larger 

than three, or in private where violati ef law- 
are suggested or advocated.) The Legal Dé@@hse} 
Fund is fighting to have the injunction dissolved, 
and is currently urging the Federal District 7 G 

Ze ed Court, to whicn the case has been removed, to re= 

eredia bE tain jurisdiction. 

Pariy Tuly, About 75 par.icipants in a SNCC-sponsored voter 

1964 registration orive were arrested for various 

OOL & charges, inc_uding disturbing the peace, trespass 
after warnin xfering with a court in session, 
and contribucing to the delinquency of a minor. 

arrests grew out of a test of the 
st at a local movie theater, others 

cke ung. Bail was effectively 
n i £ bond conditions 

Legal Defense Fund secured 

2 

e 

t 
i 
oO! 
k 
a the remova ll of these cases to the Federal 

She §] District Couri. te B 

sdf , Par _ 5 0 ae 
one March o. ine Alabama Court of Appeais reversed the delce 

Fan704 bond convictions. Subsedijently, the Appeals 

sedtc ond Court denied a rehearing.’°"Ih June, 1964, the 

6 state asked the Alabama Stipreme Court to hear the 

ob aie case. In August, that Yourt refused to do so and 

{+ oh bo 3 in 4 vember declined to'-reconsider its refusal. 

mor pea 
eH AS SSotdinbes thru During these months, p#d¢eful demonstrations, part 

October, of a voter registration campaign (in Dallas 

1963 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 conviction= were three for 
contributing to the delinquency of a minor ~~ 
sentences for these three were one year at hard 

labor, a $300 fin and a $1,000 peace bond == — 

and five foz unlawful assembly -- sentences for 
them were 180 days in jail, {100 fines, and 

$1,000 peace bonds. 

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Late October, 
1963 

Editor's Note: 

Since October 1963, trials of the other 
persons arrested have continued in the Recorder's 
Court of Selma, The County Court of Dallas 
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 Appeals. 

The Legal Defense Fund efforts to secure the 
release of the persons being held on peace 
bonds, including ‘ohn Lewis, Chairman, and 
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 ieee, not engaging in further 
demonstrations) . 

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

Day: 205-872-3759 & 
205-324-7691 \! a 

Night: 205-323-7211