Selma Background 3

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

NAACP 

‘Legal Defense and Educational F und 
PRESS RELEASES ~~ 
President ay id 

Dr. Allan Knight oe 
Director-Counsel 3 

Jack Creenberg ca 

€ MEMORANDUM 

March 1965 

FROM: Public Information Department 
NAACP Legal Defense Fund 

RE? BACKGROUND ON LITIGATION IN ALABAMA 

March ll, IAACP Legal Defense Fund Attorneys filed a 
1965 "Plaintiffs! Memorandum of Points and Authorities 

in Support of Motion for Preliminary Injunction 
and Motion to Dissolve Temporary Restraining Order 
Against Plaintiffs. 

In reference to the demonstrators continuing 
to exercise their rights as American citizens, 
without interference from the District Court, or 
Alabama law officials, the motion stated: ... "It 
is clear that the threat of violence or other public 
disturbance acainst persons seeking to exercise 
peacefully a constitutionally protected rights is not = 
a ground for interfering with them. If violence 
is threatened, the proper remedy is to restrain or 
Move against those threatening the violence"... 

March 10, U.S. Justice Department asked Federal District Court 
965 in Montgomery to stop Governor George C, Wallace, 

Director of Public Safety Al Lingo and Sheriff Clark 
from interfering with demonstrations aimed at 
securing the vote. The Government accused the three 
officials of preventing and discouraging Negroes 
from exercising their full rights of citizenship." 
The Department asked for an order preventing the 
officials from summarily punishing, by striking, 
beating, tear-gassing or other means, any person 
seeking citizenship rights. 

March 8, NAACP Legal Defense lawyers moved, by asking federal 
965 Judge Frank M. Johnson, U.S. District Court for the 

Middle District of Alabama, to forbid state and local 
law enforcement officials from further interference 
with peaceful Negro attempts to march from Selma to 
Montgomery, Alabama. Also, the Legal Defense Fund 
sought a temporary restraining order against Governor 
George C. Wallace, State Public Safety Commissioner 
Al Lingo, and Dallas County Sheriff James Clark. 

Instead, Judge Johnson issued an injunction 
halting a planned march from Selma to Montgomery, 

February 26, Judge Thomas granted permission to file amended and 
1965 supplemental compl aint adding Judge James Hare, 

Circuit Judge of Fourth Judicial Circuit, as a 
defendant. 

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Jesse DeVore, Jr., Director of Public Information—Night Number 212 Riverside 9-8487 >a 



February 23, 
1965 

February 13, 
1965 

February 11, 
1965 

February 10, 
1965 

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“February 10, 
§1965 

February 8, 
1965 

February 5, 
1965 

February 5, 
1965 

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Legal Defense Fund filed an amended and supplemental 
complaint seeking to add Judge Hare as a party 
defendant and to enjoin his ordering of arrests and 
prosecution of Negroes for peacefully assembling in 
vicinity of the Dallas County Courthouse, Civil 
rights attorneys also sought to enjoin his summary 
conviction of such persons for contempt of court. 

Legal Defense Fund supplemented a motion for 
Additional Relief and for Order to Show Cause, charginc 
that the District Court's order had been further 
violated by the arrests of February 1 through 8. 
Motion also detailed events of February 10 when 
Sheriff Clark led nearly 200 Negro children on a 
forced march. In addition, attorneys asked Judge 
Thomas to require the defendants to appear before 
him immediately and show cause why they should not 
be held in contempt of his orders. 

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 cf the 26, 

In New Orleans, Legal Defense Fund attorney, Norman 
Amaker filed amotion 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 5-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 additional 
federal legislation in order to guarantee all 
citizens the right to vote, Both meetings were 
confidential. 

Federal District Court 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 filed a motion 
for a Writ of Habeas Corpus on behalf of 26 Negroes 
who had been arrested for Contempt of Court when 
they paraded in the Courthouse area while Court was 
in session. They were convicted and given punish- 
ment of 5 days in jail and $50 fine. The motion 
was made before the Federal District Court. 

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

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February 4, 
1965 

February 3, 
1965 

February 3, 
1965 

February 2, 
1965 > 

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February 1, 
1965 

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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 voter applications; barring the 
use of complicated literacy tests; and assuring 
Negroes of the right to apply directly to the court 
if rejected, 

Although this injunction covered generally the 
relief sought in the NAACP Legal Defense Fund suit 
(King v. Baker), it was not as all encompassing or 
as 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 intefering 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 
qualified 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, which was denied, was based on similar facts 
and of the same nature as the motion granted against 
Sheriff James Clark. 

Judge James A, Hare of the Circuit Court of Dallas 
County issued an order which, in the opinion of Legal 
Defense Fund attorneys, directly conflicted with the 
order issued by the U.S, District Court. It said 
in part: 

«.."That any person or persons assembling or 
attempting in, around or about the Dallas County 
Court House or grounds for the purpose of demon- 
strating or assembling for said purpose, be and 
are hereby ordered to separate and disassemble..." 

Demonstrators who did assemble at the Dallas County 
Court House were arrested and given as high as $50.00 
fine and five days in jail. 

Sheriff James Clark arrested 26 Negroes conducting 
a peaceful demonstration outside the County Court- 
house for disturbing the Court while it was in 
session. They were convicted on a "Contempt of 
Court" charge and were required to serve 5 days in 
jail and $50 fines. ae 

we 

Director of Police, ‘lilson Baker arrested Dr. Martin 
Luther King, Jr., Rev. Ralph Abernathy and 267 other 
Negroes for "Parading Without a License." Dr. King 
stated that the purpose of the march was to urge 
the Board of Registrars to increase the number of 
days when Negroes in Selma can register to vote. 
Presently, (Feb, 1) the Registration Office is open 
only on the lst and 3rd Mondays of the month, 

Also, on the same day (Feb. 1) some 400 Negro 
youths were 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 
released in their parents' custody; released after 
signing a statement that they would not participate 

sbn®future ‘demonstrations; “or, were made to appear 
before the Family, Court Judge. 2M 

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January 30, 
1965 i 

aks x eis Pes 
aes 

January 28, 
1965 

uary 23, 
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January 22, 
1965 

wishiouse in Selma, Ala. 

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Judge Daniel H. Thomas issued an order "Amending 
the Temporary Restraining Order of January 23, 1965." 
In effect, it.stated only 100 persons would be 

“alYowed in the voter-registration line at the Court- 
However, as long as 

= demonstrations for the purpose of encouraging 
persons to register were peaceful, orderly ar 

not interfere with the proceedings at the Courth 
or traffic outside, such gatherings were permissible. 

After many more arrests, including that of John Lewis, 
SNCC Chairman, the NAACP Legal Defense Fund filed a 
"Motion for Additional Relief and Show Cause Order," 
in which they urged that Sheriff Clark proved himself 
not in contempt of the Court's order or be fined or 
imprisoned, or both. Also, that all inteference with 
Negroes seeking to register to vote be halted. 

Mrs. Annie Lee Cooper, a 53 year old clerk at a Selma 
motel, was wrestled to the ground by Sheriff James Gy 
Clark and three of his deputies. Dr. Martin Luther 
King a¢cused 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. 

Legal Defense Fund attorneys moved for and obtained 
a temporary restraining order after oral argument. 
Judge Thomas said, in part, that "those interested in 
encouraging others to register to vote have the right 
peaceably to assemble outside the Courthouse, but 
shall not do so in such a way as to intefere with 
lawful business expected to be transacted in the 
Courthouse. Such persons have the right to peaceably 
assembly without molestation, and will be permitted 
to do so.” 

The Court also added that Negroes “are entitled 
to have lawful protection in such assemblage." 

The NAACP Legal Defense Fund filed with the U.S. 
District Court for the Southern District of Alabama, 
a complaint and motion for temporary restraining 
order requesting injunctive relief again against 
Sheriff James G. Clark restraining him and the other 
cefendants. It asked that the defendants be 
enjoined from intefering with Negroes attempting 
to register to vote or those peacefully gathered for 
the purpose of vouching for them or to encourage 
them. 

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January 2). 
° 

ie Dr. King addressed mass meeting and launched 
“ woter registration drive. 

ecember 31, © NAACP Legal Defense Fund attorneys filed a re- 
Tees 

July 14-15, 
1964 

July 9 
1964 

Earl ul 
oO 

March 6 
1964 

“9newed motion to dissolve injunction (see Tuly 9, 
. 1964, herewith) in light of plans for “anuary 2, 

ter registration drive launching. 

ion cannot be enforced in local state court, 
«so long as Federal Court has jurisdictions , Pa 

Federal uidge, Daniel Thomas ordered the release 
of all those arrested, reducing bail to comply wi 
federal standards. 

ON
G 

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Dallas County Circuit Judge ‘ames Hare issued an 
injunction @€njoining 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 District © 
Court, to which the,case has been removed, to 
tain jurisdiction. = 6 

About 75 participants in a SNCC-sponsored ee a 
registration drive were arrested for various e 
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 conditions 
In the next week, the Legal Defense Fund secured : 
the removal of all of these cases to the Federal 
District Court. é 

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 $0 and 
in WN vember declined to reconsider its refusal. 

September thru During these months, peaceful demonstrations, part 
October, 
1963 

of a voter registration campaign (in Dallas 
County, only 300 Negroes are registered), resulted 
in about 200 arrests. The Legal Defense Fund he- 
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 minore== 
sentences for these three were one. yeatat hard 
labor, a $300 fine, and a.%1)000 “peace bond -- 
and of. My un Law i hg ee bi -- sentences for 

ra signee wedays.in jail, {100"fines, and 
A) ee peace bonds. 2 i = 

Si. 



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 fees 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 

Night: 205-323-7211