Local Union No. 84, International Brotherhood of Electrical Workers, AFL-CIO v. United States Brief in Opposition

    ‘PRESS RELEASE ae oe! 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
1O COLUMBUS CIRCLE © NEWYORKI19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS JACK GREENBERG CONSTANCE BAKER MOTLEY 
President Director-Counsel Associate Counsel 

7 
FOR RELEASE WEDNESDAY, JANUARY 2%th 

NAACP LEGAL DEFENSE FUND ASKS 
SUPREME COURT TO INSURE COURTESY 
FCR NEGROES IN SOUTHERN COURTROOMS 

Works of Baldwin, Myrdal and Wright Cited 

WASHINGTON---The U.S, Supreme Court was asked to strike down an his- 
toric southern tradition today: the practice of addressing Negroes by 
their first names during court proceedings. 

A favorable ruling would have far reaching effects toward better 
treatment and respect for Negroes in pursuit of justice through 
southern courts. 

Attorneys for the NAACP Legal Defense Fund asked the high court 
to overrule an Alabama court decision holding a Negro woman in con- 
tempt for objecting to being called by her first name by an Etowah 
County Circuit Solicitor, 

Miss Mary Hamilton, a field secretary for the Congress of Racial 
Equality, was included in a large number of Negroes tried in an Ala- 
bama court last June 25th, on charges growing out of anti segregation 
demonstrations. 2 

The southern white selicitor, William Rayburn, addressed all Negro 
petitioners by their first names, Courtesy titles, such as "Miss.", 
"Mrs,", "Mr." were used for white persons, 

The incident erupted when the solicitor began cross-examining 
Miss Hamilton and asked her name? 

"Miss Mary Hamilton," she replied. 

The solicitor then addressed her as “Mary”, 

"Please address me correctly," Miss Hamilton answered,, 

The white lawyer ignored this request, and pressed his question, 
ending with "Mary", Miss Hamilton repeated her refusal to answer 
"until I am addressed correctly." 

At this point, Norman Amaker, NAACP Legal Defense Fund assistant 
counsel raised objections, pointing out that "her name is Miss Hamil- 
ton," 

The judge overruled Mr. Amaker saying, "I'm not going to tell a 
lawyer how to address a witness." He then held Miss Hamilton in con- 
tempt of court, 3 

She was instantly sentenced to five days in jail plus a fifty 
dollar fine, Legal Defense Fund attorneys appealed the decision to the 
Alabama Supreme Court which upheld the lower court. 

In their petition for writ of certiorari to the high court, Legal 
Defense attorneys point out that "failure to afford petitioner (Miss 
Hamilton) notice and a hearing before punishing her for contempt, was 
a denial of due process of law." 

They also stress that the prosecutor, or solicitor, "has a respon- 
sibility not to detract from the impartiality of the courtroom atmos- 
phere," aye 

Ss 



Pas Soe 
NAACP Legal Defense Fund Asks 
Supreme Court To Insure Courtesy 
For Negroes In Southern Courtrooms 

Authors James Baldwin, Gunnar Myrdal, John Dollard, Richard 3 
Wright, Ralph Ellison, Charles S, Johnson and Lillian Smith are * 
among those cited in the petition for their interpretations of what 
this practice means to Negro citizens. 

The attorneys added that Alabama courts have no legitimate 
business "to maintain the racial caste system by using the contempt” ™ = 
power in support of racially demeaning forms of addressing 
Negroes...." % 

Mr. Amaker was joined in preparation of the petition to the x 
Supreme Court by Jack Greenberg, director counsel, James M. i 
Nabrit, III and Charles H. Jones, all of the Fund's New York City : 
headquarters, 

Oscar Adams, Defense Fund cooperating attorney of Birmingham, 
also represented Miss Hamilton in the state courts. 

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