Green v. Andrews Printed Record

    UNITED STATES

C O U R T  OF A P P E A L S
FIFTH CIRCUIT.

No. 22,911

JAMES GREEN, ET AL.,
Appellants,

versus

A. L. ANDREWS, RUTH COLEMAN ANDREWS, and W.
B. ANDREWS,

Appellees.

Appeal from the United States District Court for the 
Northern District of Mississippi.

PRINTED RECORD.



INDEX.
Page

Petition for Removal ...............    1
Writ of Injunction .......................... ............................... 5
Motion to Vacate Ex Parte Injunction ...................... 9
Memorandum in Support of Motion to Vacate Ex

Parte Injunction ...........    10
Motion to Remand ........................................................... 11
Order Setting Hearing at Oxford ...............................  12
Order Remanding the Case to the Chancery Court

of Washington County, Mississippi .................  13
Notice of Appeal ............................................................. 14
Motion for Stay Pending Appeal ...............................  15
Transcript of Proceedings .............................................  17
Complainants’ Exhibit No. 1, Original Bill of Com­

plaint ......................................................................  26
Chancellor’s Fiat ..................................................... 37
Exhibit A-1—Letter dated May 31, 1965, to James

Green, from A. L. Andrews .....................  39
Exhibit A-2—Letter dated May 31, 1965 to

Wallice Green, from A. L. Andrews . . . .  41
Exhibit A-3—Letter dated May 31, 1965, to T. B.

Green, from A. L. Andrews .................... 42
Exhibit A-4—Letter dated May 31, 1965, to Wm.

Earl Martin, from. A. L. Andrews ..........  44
Exhibit A-5—Letter dated May 31, 1965, to John

H. Sylvester, from A. L. Andrews............. 45
Exhibit A-6—Letter dated May 31, 1965, to James

Martin, Jr., from A. L. Andrews .............. 47
Exhibit A-7—Letter dated May 31, 1965, to

Gerther Lee Martin, from A. L. Andrews 48 
Exhibit A-8—Letter dated May 31, 1965, to

Wallace Green, Jr., from A. L. Andrews 50 
Exhibit A-9—Letter dated May 31, 1965, to

Clarence Sylvester from A. L. Andrews . . 51



INDEX—(Continued):
Page

Complaintants’ Ehibit No. 1—(Continued):
Exhibit A-10—Letter dated May 31, 1965, to

Mack Ingram, from A. L. A n d re w s .......... 53
Exhibit A -ll—Letter dated May 31, 1965, to

Johnnie Johnson, Jr., from A. L, Andrews 54 
Exhibit A-.12—Letter dated May 31, 1965, to

George Lee Martin, from A. L. Andrews 56 
Exhibit “B”—Letter dated May 31, 1965 to A.

L. Andrews ................................... ...............  57
Complainants’ Exhibit No. 2, Injunction Bond ........ 59
Complainants’ Exhibit No. 3, Writ of Injunction........  62
Complainants’ Exhibit No. 4, Order on Removal Bonds 67

II



PETITION FOR REMOVAL.

F iled  Jun. 2, 1965.

IN THE UNITED STATES DISTRICT COURT FOR 
THE NORTHERN DISTRICT OF M ISSISSIPPI, 
G REEN V ILLE DIVISION.

No. GC 6528.

A. L. ANDREWS, RUTH COLEMAN ANDREWS, 
and W. B. ANDREWS,

C om plainants-R espondents,

versus

JAM ES G R EEN , WALLICE G REEN , T. B. G REEN , 
WILLIAM EA RL MARTIN, JOHN H. SYLVES­
TER, JAM ES MARTIN, JR ., G ERTH ER L E E  
MARTIN, WALLACE GREEN , JR ., CLARENCD 
SYLVESTER, MACK INGRAM, JOHNNIE JOHN­
SON, JR ., GEORGE L E E  MARTIN, VINCE 
FER R A R , PAT VAIL, STEVE DUNLOP, LARRY 
WALKER and SAM A PPLEW H ITE, and COUN­
CIL OF FED ER A TED  ORGANIZATIONS, DEL­
TA MINISTRY and M ISSISSIPPI FREED O M  
DEMOCRATIC PARTY, W ashington County 
C hapter,

D efendants-Petitioners.

I. Ju risd iction  of the Court is invoked pursuan t to 
28 U. S. C. Section 1443.

II. On M ay 31, 1965, a t approxim ately  5:30 A. M., 
D efendants-Petitioners Jam es G reen, Wallice G reen,



2

T. B. G reen, W illiam  E a r l M artin, John H. Sylvester, 
Jam es M artin , J r . ,  G erther Lee M artin , W allace 
G reen, J r . ,  C larence Sylvester, Mack Ingram , John­
nie Johnson, J r . ,  and George Lee M artin , N egro 
p lan ta tion  w orkers, m ade the la st of a series of de­
m ands for h igher w ages of th e ir employer, M r. A. 
L. A ndrew s. When A ndrew s refused  to increase the ir 
wages, they went on strike. L a te r  th a t day, they 
w ere notified to vacate th e ir hom es on the Andrews 
property . The following day, a t approx im ately  6:00 
A.M., som e of the above m entioned D efendants- 
P etitioners  began to peacefully  picket the Andrews 
P lan ta tion  on the public road abutting the p lan ta ­
tion.

In the afternoon of June 1, 1965, the C hancery  Court 
of W ashington County, M ississippi, in V acation, is­
sued an  ex p a rte  w rit of injunction against the De- 
fendants-Petitioners, enjoining them , in te r alia, from 
doing any of the following:

(A) Using loud language incident t 0 picketing;

(B) Stationing m ore than  four pickets a t any one 
time;

(C) P ark ing  m ore than  two cars  on the side of 
the public road a t any one tim e:

(D) C arry ing  m ore than one sign per picket;

(E ) C arrying a sign exceeding th irty  inches 
square  in size.



3

III. D efendants-Petitioners a re  denied th e ir fed­
e ra l righ ts of free  speech and peaceful picketing, 
secured to them  by 42 U. S. C. Section 1983 and the 
14th A m endm ent to the Constitution of the U nited 
S tates, by this ex p a rte  injunction. This injunction 
has a chilling effect on free speech activ ities and eo 
ipso prevents D efendants-Petitioners from  enforcing 
the ir federa l rights in the M ississippi s ta te  Courts.

IV. D efendants-Petitioners a re  being held to an­
sw er in the s ta te  Court system  for acts done under 
color of authority  derived from  42 U. S. C. Section 
1983 and the 14th A m endm ent to the Constitution of 
the U nited S tates.

W herefore, D efendants-Petitioners p ray  th is cause 
be removed from  the C hancery Court of W ashington 
County, M ississippi to this Court.

Respectfully subm itted ,
ANTHONY G. AMSTERDAM, 

(Anthony G. A m sterd am ).
3400 Chestnut S treet,

Philadelphia. Pennsylvania.
CARSIE A. HALL,
JACK YOUNG,
HENRY M. ARONSON.

538 1/2 N orth F a rish  S treet,
Jackson, M ississippi.

JACK GREEN BERG ,
MELVYN ZARR,

A ttorneys for D efendants- 
P etitioners.

10 Columbus Circle,
New York, New York.



4

V erification.

I, M elvyn Z arr, of law ful age firs t being duly sworn 
upon oath, depose and say:

That I am  a m em ber of the B ar of the S tate  of 
M assachusetts and am  associated  w ith Young and 
Hall, m em bers of the B ar of the S tate  of M ississippi 
and of this Court;

That I am  one of the duly authorized attorneys for 
defendants-petitioners herein , authorized to p repare  
and verify  the annexed petition;

That I have read  the annexed petition and know 
the contents thereof;

That I know of m y personal knowledge th a t all 
facts sta ted  there in  are  true  except such as a re  s ta ted  
on inform ation and belief and as to them  I believe 
them  to be true ;

That I sign this .verification on behalf of the De- 
fendan ts-P etitioners because the annexed petition 
deals chiefly w ith m atte rs  of law  and legal inference 
to be draw n from  facts alleged and of which I as an 
atto rney  have m ore knowledge than  the D efendauts- 
P etitioners, and for the fu rth e r reason  th a t there  a re  
tw enty D efendant-Petitioners herein, m any of whom 
cannot be shortly found and time is of the essence.

MELVYN ZARR.



5

Sworn to and subscribed before m e this 2nd day of 
June 1965.

WILLIAM T.f ROBERTSON, 
Clerk,

By DAN D. ESTES,
(Seal) Deputy.

W RIT OF INJUNCTION.

(Title O m itted.)

To: All of the D efendants Above N am ed:
W hereas, A. L. Andrews, R uth  Colem an Andrews, 

and W. B. A ndrew s, as Com plainants, have filed 
th e ir bill in the above Court against you praying for 
a p re lim inary  injunction, both m andato ry  and pro­
hibitory; and

W hereas, the Honorable S. B. Thom as, Judge of 
the C hancery Court of W ashington County, M issis­
sippi, has this date in said  cause, by o rder en tered  
this date, has d irected  th a t said  injunction issue 
against you as p rayed  for in said  original bill of 
com plaint and as fu rth er specified in said order, 
said  injunction having issued upon the posting of 
bond in the am ount of $5,000.00, as set by said  order, 
and conditioned according to law ;

Now, Therefore, you a re  hereby enjoined and com­
m anded as follows: 1

(1) The above nam ed D efendants, nam ely , Jam es 
G reen, Wallice G reen, T. B. G reen, W illiam E a r l



6

M artin, John H. Sylvester, Jam es  M artin , J r . ,  Ger- 
th e r Lee M artin , W allace G reen, J r . ,  C larence Syl­
vester, Mack In g ram , Johnnie Johnson, J r . ,  and 
George Lee M artin , fo rm erly  em ployees of said 
Com plainants, shall im m edia te ly  v aca te  from  the 
houses located on C om plainants’ fa rm  lands as de­
scribed  in the bill of com plaint and im m ediately re ­
move therefrom  th e ir fam ilies, p roperty  and p e r­
sonal effects; and upon th e ir fa ilure  to do so in s tan te r , 
the Sheriff of W ashington County, M ississippi, or his 
authorized deputy, shall be and hereby  is directed 
to evict them  im m ediately .

(2) The D efendants, Jam es G reen, W allice G reen. 
T. B. G reen, W illiam  E a r l M artin , John H. Sylvester, 
Jam es  M artin , J r . ,  G erther Lee M artin , W allace 
G reen, J r . ,  Clarence Sylvester, Mack Ingram , John­
nie Johnson, J r . ,  and George Lee M artin , shall not 
re-en ter the fa rm  prem ises or any house, barn , shed, 
p riva te  way, p riv a te  easem ent, or other p a rt of Com­
p la in an ts’ fa rm  lands, exclusive of public roads only, 
for any purposes w hatsoever, until the fu rther order 
of th is Court.

(3) All D efendants above nam ed and th e ir agents, 
represen ta tives, confederates, and all other persons 
acting1 in concert w ith them  shall not en ter or re ­
en ter the fa rm  prem ises or any house, barn , shed, 
p riva te  way, p rivate  easem ent or other p a r t of Com- 
n la in an ts’ fa rm  lands, exclusive of public roads only, 
for any purposes until the fu rth e r o rder of th is Court.

4. All D efendants above nam ed and all agents, 
persons and organizations acting in concert w ith 
them  are  prohibited from  either directly or ind irec t­



7

ly th rea ten ing , in tim idating or coercing, e ither by 
w ords or conduct, the C om plainants, A. L. Andrews, 
R uth  Colem an A ndrew s, and W. B. Andrews, or 
other employees of Com plainants still working on 
said fa rm  lands, or any other persons em ployed by 
Com plainants to w ork on th e ir fa rm  property , and 
th is injunction shall continue in full force and effect 
until the fu rth er o rder of th is Court.

5. All D efendants herein nam ed and all other p er­
sons, rep resen ta tiv es  and organizations acting in 
concert w ith them  are , until the fu rth e r o rder of this 
Court, prohibited from  engaging in or em ploying any 
conduct or w ords am ounting to coercion or in tim ida­
tion as an incident to picketing and they  a re  specifi­
cally prohibited from  using loud language, cat-calls, 
jeers, unruly and boisterous conduct, as well as 
d irect th rea ts  of violence and bodily h a rm  either to 
C om plainants, and other em ployees, or any person 
engaged by C om plainants to work on th e ir farm  
lands n ear Tribbett, M ississippi, or m em bers of the 
public; and D efendants or other persons, agen ts or 
organizations acting in concert w ith them  are  pro­
hibited from  getting on any p a rt of the fa rm  lands 
of Complainants, including any house, barn, shed, or 
other fa rm  buildings or p riva te  w ay, or p riva te  ease­
m en t ap p u rtenan t thereto , exclusive of public roads, 
and all D efendants, or other persons and organiza­
tions acting in concert w ith them  a re  hereby re ­
stra ined  and prohibited from  conducting any picket­
ing of C om plainants or C om plainants’ aforesaid  
property , except and unless such picketing com plies 
with the following standards:



8

(a) P ersons picketing shall not exceed four in 
num ber a t any one time, and they shall s tand  or 
w alk only along the sides of the public road  in front 
of C om plainants’ fa rm  h ead q u arte rs  so as not to im­
pede, block or otherw ise in te rfe re  w ith tra ffic  upon 
said  public road, not more: than  two cars of said 
picketers to be parked  on the side of said  public road  
a t any one tim e.

(b) Picketing, if engaged in, m ust be conducted 
only in a quiet and orderly  m an n er a t a ll tim es.

(c) P ersons p icketing shall be allowed to carry  
one sign, not exceeding in size th irty  inches by th irty  
inches, and m ay  p lace thereon p rin ted  m a tte r  or m a ­
te ria l calcu lated  only to persuade and not otherw ise 
unlawful.

Given under m y hand and official seal, th is 1st day 
of June, 1965.

W. L. KENT,
(W. L. K ent),

(Seal) C hancery Clerk.

To the Sheriff or any Lawful Officer of W ashington 
County, M ississippi:

You Will Execute the above w rit of injunction 
against pll D efendants nam ed and m ake your re tu rn  
thereof im m ediately to th is office.

W. L. KENT,
(W. L.. K ent),

Chalncery Clerk.(Seal)



9

MOTION TO VACATE EX PARTE INJUNCTION.

Filed  Jun. 2, 1965.

(Title Omitted.)

D efendants-Petitioners hereby m ove the Court to 
vacate the ex p a rte  injunction issued by the C hancery 
Court of W ashington County, M ississippi June 1, 1965, 
and rem oved this day to th is Court and will show un­
to the Court the following:

1. The ex p a rte  injunction issued by the C hancery 
Courts prevents defendants-petitioners from , in ter 
a lia:

A. Using loud language incident to picketing;

B. Stationing m ore than  four pickets a t any one 
tim e ;

C. P ark ing  m ore than  two cars  on the side of the 
public road  a t any one tim e;

D. Carrying more than one sign per picket;

E. C arrying a sign exceeding th irty  inches square 
in size.

2. The ex p a rte  injunction has a chilling effect 
on free  speech activities and constitutes a p rio r re ­
s tra in t on the exercise of federally  protected rights 
secured  them  by the F ourteen th  A m endm ent to the 
Constitution of the United S tates and 42 U. S. C. 
Section 1983.



10

This 2nd day of June, 1965.
ANTHONY G. AMSTERDAM,, 

(Anthony G. A m sterdam ).
3400 C hestnut S treet,

Philadelphia, P ennsylvania.
CARSIE A. HALL,
JACK YOUNG,
HENRY M. ARONSON.

538 1/2 North F a rish  S treet,
Jackson, M ississippi.

JACK G R EEN B ER G , I 
MELVYN ZARR,

A ttorneys for Defendants, 
P etitioners.

10 Colum bus Circle,
New York, New York.

MEMORANDUM IN SUPPORT OF MOTION TO 
VACATE EX  PARTE INJUNCTION.

(Title O m itted.)

1. This Court has ju risd iction  to vacate  a s ta te  
Court injunction offensive to the Constitution of the 
United S tates. City of Selma v. SNCC, S. D. A labam a, 
A pril 16, 1965.

2. The ex p a rte  injunction issued by the Chancery
Court has a “ chilling effect” (D om browski v. Pfis- 
te r  .......... U. S.............  33 U. S. L. W. 4321, April 26,



11

1965) on free speech  activ ities. Thornhill v. A labam a, 
310 U. S. 88 (1940), E dw ards ,v. South Carolina, 372 
U. S, 229 (1963), F ields v. South Carolina, 375 U. S. 
44 (1963).

ANTHONY G. AMSTERDAM, 
(Anthony G. A m sterdam ).

3400 C hestnut S treet,
Philadelphia, Pennsy lvan ia.

CARSIE A. HALL,
JACK YOUNG,
HENRY M. ARONSON.

538 1/2 N orth F a rish  S treet,
Jackson, M ississippi.

JACK G REEN BERG ,
MELVYN ZARR,

Attorney's for D efendants- 
Petitioners.

10 Columbus Circle,
New York, New York.

MOTION TO REMAND.

Filed  Jun. 2, 1965.

(Title O m itted.)

Now come A. L. Andrews, R uth Colem an Andrews 
and W. B. Andrews, C om plainants, by th e ir under­
signed counsel, and m ove the Court to rem an d  the 
above entitled  cause to the C hancery Court of W ash­
ington County, M ississippi, for the reason  th a t this 
Court is w ithout jurisd iction  over e ither the sub ject



12

m a tte r  or the p a rtie s, and for o ther grounds to be 
shown a t the hearing.

W. C. KEADY,
(W. C. R eady).

119 N orth B roadw ay,
G reenville, M ississippi.

Of Counsel:
KEADY, CAMPBELL & DeLONG,

119 N orth Broadw ay,
G reenville, M ississippi.

ORDER.

(Title O m itted.)

This action having been rem oved to th is Court from  
the Chancery Court of W ashington County, Mis­
sissippi, p u rsu an t to 28 U. S. C. § 1443, defendants 
having filed in this Court a m otion to vacate the ex 
p a rte  injunction issued by the Chancery Court, and 
plaintiffs having moved th a t this cause be rem anded  
to the said  Chancery Court, it is,

Ordered:

(1) That these m a tte rs  shall be, and they hereby 
are , set for hearing  a t 10:00 o’clock in the forenoon 
of 18 June, 1965, a t the United S tates Courthouse in 
Oxford, M ississippi, in the following m anner:

(a) Consideration shall f irs t be given to this 
C ourt’s jurisdiction upon the p lain tiffs’ m otion to re ­
m and.



13

(b) If the m otion to rem and  should be overruled, 
consideration will then  be given to defendants’ mo­
tion to v aca te  the injunction.

(c) Any other m a tte rs  requiring  th is C ourt’s dis­
position which shall have accrued by the date  of the  
hearing  shall be considered in such order as m ay  be 
deem ed appropria te  a t th a t time.

(2) That the clerk  of th is Court shall serve copies 
of this order upon all counsel of record, by certified  
mail.

This the 4th day of June, 1965.
CLAUDE F . CLAYTON,

(Claude F . C layton),
District Judge.

ORDER.

(Title O m itted.)

For the reasons w hich will be shown by the re ­
p o rte r’s notes of the action taken  th is day by the 
Court, it is,

O rdered:
(1) This cause shall be and hereby  is rem anded  

to the C hancery Court of W ashington County, M issis­
sippi.

(2) The respondents a re  aw arded costs as they 
m ay  in course be taxed.



14

(3) The c lerk  of th is Court is d irec ted  to serve a 
certified copy of th is O rder on the C lerk of the Chan­
cery  Court of W ashington Cou,nty, M ississippi 'by 
certified  m ail, noting such action on the docket.

This the 16th day  of June, 1965.
CLAUDE F. CLAYTON,

(Claude F. C layton),
U nited S tates D istrict 

Judge.

NOTICE OF A PPEA L.

F iled  June 17, 1965.

In the United S tates D istric t Court for the N orthern  
D istric t of M ississippi, G reenville Division.

A. L. A ndrew s, R uth  Coleman A ndrew s, and W. B.
A ndrew s, C om plainants-R espondents,

vs. No. GC6528
Jam es G reen, W allice G reen, T. B. G reen, W illiam  

E a r l M artin, John H. Sylvester, Jam e s  M artin , 
J r . ,  G erther Lee M artin , W allace G reen, Jr;., 
C larence Sylvester, Mack In g ram , Johnnie John­
son, J r . ,  George Lee M artin, Vince F e rra r , P a t 
Vail, S teve Dunlop, L a rry  W alker and S am  Ap­
plew hite, arid Counscil of F e d e ra ted  O rganiza­
tions, D elta M inistry and M ississippi F reedom  
D em ocratic P a rty , W ashington County C hapter, 
D efendants-Petitio 'ners.



15

D efendants-Petitioners hereby  appeal to the U nited 
S tates Court of Appeals for the F ifth  C ircuit from  the 
order of the U nited S tates D istrict Court for the 
N orthern  D istric t of M ississippi, the (Honorable 
Claude F . Clayton, D istric t Judge, en tered  June  16, 
1965, rem anding  the case to the Chancery Court of 
W ashington County.

MELVYN ZARR,
(M elvyn Z arr) ,

JACK G R EEN B ER G .
10 Columbus Circle,

New York, New York.
CARSIE A. HALL,
JACK H. YOUNG,
HENRY M. ARONSON.

538-1/2, North F a rish  S treet,
Jackson, M ississippi.

ANTHONY G. AMSTERDAM.
3400 C hestnut S treet,

Philadelphia, Pennsylvania.

MOTION FOR STAY PENDING A PPEA L. 

F iled June 17, 1965.

(Title O m itted.)

P u rsu an t to Rule 62(d) of the F ed e ra l R ules of 
Civil P rocedure, petitioners hereby move the Court 
for a stay  pending appeal of the Court’s order of 
rem and en tered  in th is case to the United S tates 
Court of A ppeals for the Fifth C ircuit, and would 
show unto the Court the following:

1. On June 16, 1965, the United S tates D istric t 
Court for the N orthern  D istrict of M ississippi, the



16

Honorable Claude F. Clayton, D istrict Judge, en tered  
an o rder rem anding  the cause to the Chancery Court 
of W ashington County, M ississippi.

2. P etitioners  requ ire  a s tay  of the C ourt’s re ­
m and  o rd er in o rder to p reserve  on appeal to the 
U nited S tates Court of A ppeals for the F ifth  Circuit 
the im p o rtan t constitu tional issues p resen ted  herein.

3. “By doing all the acts necessary  to p e rfec t 
an appeal and by giving a proper supersedeas bond 
an appellan t m ay  obtain a s tay  as of right, ‘subject 
to the exceptions contained in subdivision (a ) ’ of 
rule 62.” Moore’s Federal Practice, 1162.06.

W herefore, petitioners p ray  the Court to issue a 
s tay  of its rem an d  order, sub ject to approval by the 
Court of pe titioners’ supersedeas bond.

R espectfully  subm itted ,
MELVYN ZARR,
CARSIE A. HALL,
JACK H. YOUNG,
HENRY M. ARONSON.

538-1/2 North F a rish  S treet,
Jackson, M ississippi.



17

Filed  Jul. 12, 1965.

In the United S tates D istrict Court for the N orthern  
D istrict of M ississippi, G reenville Division.

A. L, Andrews, E t Al., Com plainants-R espondents.
v. Civil Action No. GC6528. 

Jam .es G reen, E t Al., D efendants-Petitioners.

Proceedings had and evidence taken  in the above- 
entitled  cause on the 16th day of June, 1965, a t 10 
a. m., in the U nited S tates D istric t Court for the  
N orthern  D istrict of M ississippi, G reenville Division, 
a t Oxford, M ississippi, before the Honorable Claude
F. Clayton, United S ta tes  D istric t Judge.

[2] A ppearances:
F o r the C om plainants-R espondents: K eady, Camp­

bell and DeLong, by W. C. R eady, E squire , and 
F red  C. DeLong, J r . ,  E squ ire , 119 N orth B road­
way, G reenville, M ississippi.

For the D efendants-Petitioners: H enry M. Aron­
son, Esquire, and Melvyn Zarr, Esquire, 538-1/2 
North Farish Street, Jackson, Mississippi.

[4] Proceedings.

The Court:
You m ay  be seated .
Andrews and others against G reen and others,

G reenville Civil 6528.
Are you gentlem en ready  to proceed?



18

Mr. Keady:
Yes, sir, if the Court please.

Mr. Aronson:
Your Honor, as a p re lim inary  m atter, I would like 

to introduce Mr. M elvyn Z a rr  to th is Court and, 
whichever is the Court’s p leasure , e ither m ove his 
adm ission pro hac vice, for th is m a tte r , and then 
m ove his adm ission in the Court subsequently, if 
you would ra th e r—

The Court:
Does he have a certificate  of cu rren t good standing 

in the D istric t Court?

Mr. Aronson:
Yes; he does, Your Honor, dated  June 7, 1965, 

the D istric t Court for the D istrict of M assachusetts, 
m em ber of the S ta te  B ar of M ississippi, the F ifth  
C ircuit, and a g radua te  of the H arv ard  Law  School.

The Court:
All right. I will be glad to adm it him generally  a t 

this tim e. He can deal w ith the Clerk insofar as ta k ­
ing the oath and paying the usual fee a t his conven­
ience la te r  in the day.

Will you gentlemen, for the record , announce your
[5] appearances to be sure th a t we have the house in 
order in th a t regard  before we proceed?

Mr. Z arr:
F o r the plaintiffs, M elvyn Z a rr and H enry Aron­

son.



19

Mr. Keady:
For the com plainants-respondents, I believe w e’re 

entitled, th a t is to say  A. L. A ndrew s, R uth  Andrews 
and others, W. C. K eady and Fred  DeLong, G reen­
ville, M ississippi.

The Court:
In accordance w ith the C ourt’s order of June the 4th 

in th is m a tte r, the firs t o rder of business th is m orn­
ing is the motion to rem and.

Are you ready  to proceed on tha t, M r. Keady?

Mr. Keady:
Yes, sir, if the Court p lease ; we are.

At this tim e, in o rder to m ake the record of the 
rem oving proceeding com plete, I offer in evidence a 
certified  copy of the original bill of com plaint, w ith 
C hancellor’s file, as it app ears  in the C hancery Court, 
Cause N um ber 25,861 in the docket of the Chancery 
Court of W ashington County, M ississippi, a certified 
copy of the injunction bond entered  in said  cause 
and a certified  copy of the w rit of injunction as is­
sued by the Chancery Clerk of th a t county.

The Court:
All right. Let these docum ents be [6] received and 

filed.

Mr. Keady:
I now offer these as Exhib it 1, 2 and 3.

(The certified  copy of the original bill of com­
plain t re fe rred  to w as m arked  and received in evi­



20

dence as C om plainants-R espondents-E xhib it 1; the 
certified copy of the injunction bond re fe rre d  'to 
w as m arked  and received in evidence as Complain- 
an ts-R espondents’ Exhibit 2, and the certified copy 
of the w rit of injunction re fe rred  to w as m arked  
and received in evidence as Com plainants-Respond- 
en ts’ Exhib it 3.)

Now, if the Court p lease, I believe th e re ’s no ques­
tion here but th a t the am ount deposited for the re ­
moval of this cause is the sum  of $235, and we desire 
to call to the Court’s atten tion  the standing order of 
th is Court th a t [7] the rem oval bond shall be $500.

We a re  p repared  to m ake proof of tha t, as to the 
am ount, unless counsel stipulates to the s ta tem en t 
ju s t m ade.

Mr. Z arr:
The petitioners a t the tim e of the filing of the re ­

moval petition filed a bond in the sum  of $250, Your 
Honor.

Mr. Keady:
I correct m y sta tem en t. It w as filed in the amount 

of $250.

The Court:
All right.

Mr. Keady:
Now, we have, if the Court please, the order of 

this Court requ iring  all rem oval bonds to be in the 
am ount of $500.

If the C lerk would p resen t tha t, we would like to 
m ake th a t p a r t of the record.



21

The Court:
Of course, to have bearing  on this m a tte r , it should 

be p a rt of the record ; but, as a m a tte r  of law, the 
Court can note judicially—

Mr. Keady:
Yes, sir.

The Court:
—its own orders.

M r. K eady:
Yes, sir.

The Court:
For convenience, let it be received and filed in 

this case.

(A certified  copy of the o rder [8] re fe rred  to w as 
m ark ed  and received in evidence as C om plainants- 
R espondents’ E xhib it 4.)

Mr. Keady:
Your Honor, th a t’s all of the evidence th a t the 

m ovants offer on the m otion to rem and .
We understand  th a t will be taken  up a t this tim e.

The Court:
All right.
Is there  anything for the defendant-petitioners on 

the motion to rem and? Any evidence?

Mr. Z arr:
At this tim e, Your Honor, we have no evidence.



22

The Court:
All right.
Do you w ish to be h eard  on this m otion, Mr. R ea ­

dy?

M r. DeLong:
We do, Your Honor.

The Court:
All right.

Mr. DeLong:
Is it the Court’s w ish th a t the petitioners on th is 

m otion now proceed w ith the argum ent?

The Court:
On your m otion to rem and .

Mr. DeLong:
Yes, sir.

The Court:
Yes, sir.

Mr. DeLong:
If the Court will indulge me just one m om ent—

[9] The Court:
All right, sir.

(Opening argum ent in behalf of the com plainants- 
respondents w as m ade by Mr. DeLong.)

(A rgum ent in behalf of the defendants-petitioners 
w as m ade by Mr. Z a rr .)



23

(Closing argum ent in behalf of com plainants- 
respondents w as m ade by Mr. K eady.)

(F u rth e r a rgum ent in behalf of the defendants- 
pe titioners w as m ade by Mr. Z a rr.)

The, Court:
In  dealing w ith the m otion to rem and , the ease 

m ade by the record  here  is a  labor dispute betw een 
the em ployees or fo rm er employees and th e ir em ­
ployer or fo rm er em ployer.

In assaying  the question of w hether this Court has 
jurisdiction of such a dispute or not, the question of 
w hat original ju risd iction  the Court would have had 
in this situation  m ust be considered.

To say  it differently , as it has been expressed , the 
Court’s original ju risd iction  in such a dispute is ra th ­
er severely  lim ited  by the N orris-La G uard ia  sta tu te .

Considering it as a labor dispute for the tim e being 
and as such, it is perfectly  obvious to me, as counsel 
have pointed out, th a t it would be a ra th e r  curious 
[10] situation  for th is Court to assum e jurisdiction 
which, in effect, would im m ediately , w ithout a h ear­
ing, w ithout consideration of the rem oving petitioners’ 
motion to dissolve, am ount to a dissolution of the 
injunction previously issued by the C hancery Court 
of M ississippi.

Again limiting consideration solely to the question 
of this being a labor dispute, since th is Court would 
have had no original jurisdiction, it can have no de­
rivative jurisdiction on rem oval.

Secondly, considering w hether or not a federa l ques­
tion as distinguished from  a civil righ ts question is 
involved so as to give this Court jurisdiction, c learly  
there  is none'.



24

This is a  p riva te  civil litigation betw een p riva te  
citizens, and in no way does it involve a fed era l 
question such as of itself would confer jurisd iction  
on this Court.

Now, considering the question of w hether this is 
such a civil righ ts case as would requ ire  this Court 
to say  th a t R achel ag ain st G eorgia w as controlling,
I cannot see th a t it is such a case.

In m any  cases filed in s ta te  Courts, tried  in  s ta te  
Courts,, th e re  a re  constitutional questions, fe d e ra l 
constitutional questions, involved as an incident to 
the [11] litigation. There is no such constitutional 
question involved here , no such civil rights question 
involved here, as would m ake it the param oun t ques­
tion for consideration by the Court m aking  final de­
term ination  of the issues tendered  by the complaint 
filed in the State C hancery Court.

This is not, in m y opinion, such a civil righ ts case 
as would m ake R achel ag ain st Georgia dispose 
of th is question in th is Court. As a m a tte r  of fact, I 
can ’t visualize in this p a rticu la r case the application 
of Rachel a t all. There is no state agency involved, 
o ther th an  a forum  to which the issues tendered  by 
the bill of com plaint w ere offered. There is no rac ia l 
ovlejrtone as such. There is no question of voting 
righ ts involved, as m entioned by Mr. Z a rr  in  a hypo­
thetical case. I t  sim ply  does not m eet the fac tual 
situation p resen t in Rachel.

On none of those grounds does this Court consider 
th a t it has jurisdiction of th is action which the pe­
titioning defendants have a ttem p ted  to rem ove.

Finally, another question w ith which (this C ourt 
has been concerned, not dealt w ith by counsel in 
m aking th e ir presentation: When the rem oval pro-



25

eedure w as changed in 1948, w hat is now Section 
1446 (d) of Title 18 specifically requ ired  th a t bond 
be afforded or filed by the [12] rem oving defendant 
in the D istric t Court. Acting under au thority  w hich he 
felt th is Court had, which view  I share , Judge A lan 
Cox, who then  w as the D istrict Judge,, en tered  an 
order on Septem ber 18th, 1948, requ iring  th a t w ith 
any petition for rem oval of a civil action such as 
th is there  would be posted a  bond by the rem oving 
petitioners in the am ount of $500 or in such la rg er 
am ount as m ight be fixed by the C lerk of the Court.

This procedural s ta tu te , Section 1446 of Title 18, 
covers the p rocedure to be followed in all rem oved 
actions.

According to m y view, th is w as a valid  order, a 
reasonab le  regulation, a reasonable ru le, p rom ul­
gated  by this Court in 1948, and in this instance, ac­
cording to the stipulation m ade by counsel th is m orn­
ing, the only bond filed w as a two-hundred-and-fifty- 
dollar bond, and in th a t situation  the C lerk of th is 
Court had no au thority  to accept and file and docket 
the petition tendered  for rem oval.

F o r the reasons stated , the m otion to rem and 
should be and is sustained. The cause will be re ­
m anded  to the Chancery Court of W ashington County, 
M ississippi.

The order will be p rep ared  and signed to ca rry  
th is into effect this afternoon.

This hearing  shortly  will be recessed, and Court 
[13] shortly  will be adjourned.

There is another m a tte r. Counsel are p resen t on 
both sides. I would like to see them  on the G reen­
ville Mills case in cham bers and off the record  for 
a brief conference.



26

Court is now adjourned.

(Thereupon, a t 2:40 p. m ., the) Court adjourned.)

COMPLAINANTS’ EXH. # 1 .

In  the C hancery Court of W ashington County, Mis­
sissippi, in Vacation, 1965.

A. L. A ndrew s, R uth  Colem an A ndrew s, and W. B.
A ndrew s, Com plainants,

vs. Cause No. 25,861.
Jam e s  G reen, W allice G reen, T. B. G reen, W illiam  

E a r l M artin , John H. Sylvester, Jam es M artin, 
'J r ., G erther Lee M artin , W allace G reen, J r . ,  
C larence Sylvester, Mack Ingram , Johnnie John­
son, J r . ,  George Leje M artin , Vince F e rra r , P a t 
Vail, Steve Dunlop, L a rry  W alker, and Sam  Ap­
plewhite, and Council of F edera ted  O rganiza­
tions, D elta  M inistry and M ississippi F reedom  
D em ocratic  P a rty , W ashington County C hapter, 
D efendants.

O riginal Bill of Com plaint.

To the C hancery Court of said  County:
Now come A. L. A ndrew s, R uth  C olem an Andrews, 

and W. B. A ndrew s, a partn e rsh ip  operating farm  
property  in W ashington County, M ississippi, known 
as Andrews B rothers P lan tation , Com plainants here­
in, and rep resen t unto the Court as follows:



27

1.

Com plainants, A. L, Andrews and R uth  Colem an 
A ndrew s, husband and wife, a re  adu lt residen ts of 
W ashington County, M ississippi, and Com plainant, 
W. B. Andrews, is a residen t of O ktibbeha County, 
M ississippi. The individual D efendants a re  all re s i­
dents of W ashington County, M ississippi, except 
Vince F e rra r , a p ro jec t d irec to r of Council of F ed er­
ated  Organizations, is a non-resident of the S ta te  
of M ississippi, whose place of p e rm an en t address is 
unknown to C om plainants, but who is p resently  so­
journing in W ashington County, M ississippi; P a t 
Vail, a project d irc to r of Council of F ed era ted  Or­
ganizations, is a  non-resident of the S tate  of M issis­
sippi, whose place of p e rm an en t address is unknown 
to Complainants, but who is presently sojourning 
in W ashington County, M ississippi; Steve Dunlop 
and L a rry  W alker, a re  non-residents of the S ta te  
of M ississippi, whose places of pe rm an en t address 
are unknown to Com plainants, but who a re  p re s­
ently sojourning in W ashington County, M ississippi, 
and a re  rep resen ta tiv es  in charge of D elta M inistry; 
and Sam  Applewhite, is a non-resident of the  State 
of M ississippi, whose place of p e rm an en t address 
is unknown to C om plainants, but who is presen tly  
sojourning in W ashington County, M ississippi, and 
who is a rep resen ta tiv e  of the W ashington County 
C hapter of M ississippi Freedom  Dem ocratic P arty . 
The organizational D efendants herein  sue, Council 
of F ed e ra ted  O rganizations, D elta M inistry  and 
and W ashington County C hapter of M ississippi F re e ­
dom D em ocratic  P a rty , m ain ta in  offices or head­
q u arte rs  in W ashington County, M ississippi, a t G reen­



28

ville, and carry  on in W ashington County, M issis­
sippi, sep a ra te  p ro g ram s p u rsu an t to the purposes 
for which they w ere organized.

2.

Com plainants own, or lease, and a re  in possession 
of fa rm  lands in W ashington County, M ississippi, 
com prising approxim ately  1350 acres, m ore p a rtic ­
u larly  described as being those certa in  fa rm  lands 
known as Andrews B rothers P lan ta tion , approxi­
m ate ly  nine m iles sou theast of Leland, M ississippi, 
and situated  in Sections 4, 5, 6, 8, 9, and 17, Town­
ship 17 North, R ange 6 W est. Said fa rm  lands con­
ta in  various im provem ents thereon, including ap­
proxim ately fourteen  ten an t houses, barns, sheds, 
and other fa rm  buildings; th a t a t the p resen t tim e 
C om plainants have approx im ately  1335 acres of said  
land under cultivation and in growing crops, of which 
approx im ate ly  860 acres a re  p lan ted  skip-row in cot­
ton, 175 acres in beans, 111 acres in fee-id g ra in  p ro­
g ram , and approxim ately  12,5 or 130 acres in oats. 
Com plainants show th a t said crops a re  in a high 
s ta te  of cultivation, m uch labor and effort thereon 
having been expended; th a t the cotton crop is now 
in such condition th a t it is necessa ry  for sam e to be 
both plowed and hoed im m edia te ly ; th a t the bean 
crop is up and will have to be w orked within the 
next w eek; and the oat crop is now in process of 
being harvested . A large  and su b stan tia l p a r t of 
the to tal cost of m aking  the 1965 crop has a lready  
been invested in bringing the crop to its p resen t 
stage  of cultivation.



29

3.

Com plainants show th a t to assis t them  in making 
the 1965 crop they have heretofore em ployed v a ri­
ous day laborers, specifically  Jam e s  G reen, W allice 
G reen, T. B. G reen, W illiam  Earl M artin , John H. 
Sylvester, Jam es M artin , J r . ,  G erther Lee M artin, 
W allace G reen, J r ., Clarence Sylvester, Mack In ­
gram , Johnnie Johnson, J r . ,  and George Lee M artin, 
and various m em bers of th e ir fam ilies, the wages for 
the aforesaid named individual Defendants being fixed 
a t $6.00 per day for each day w orked, except in the 
case of W illaim  E a rl M artin  and George Lee M artin, 
whose daily com pensation w as fixed a t $5.50, and 
in addition to such compensation, C om plainants p ro­
vided, as an incident to the ir em ploym ent and not 
otherw ise, houses for said  individual D efendants and 
the ir fam ilies to live in while em ployed by Com­
plainants, and w ithout ren t or any other charge being 
m ade of them for such houses. All of the houses in 
question w ere and a re  located upon C om plainants’ 
above described fa rm  lands in W ashington County, 
M ississippi. The said individual nameld D efendants 
em ployed by Com plainants, and m em bers of the ir 
fam ilies, worked for Com plainants through the w ork 
week ending S aturday , May 29, 1965 and w ere paid 
all com pensation due them  through th a t said  day. On 
Monday, M ay 31, 1965, a t the beginning of the work 
day, said  individual D efendants em ployed by Com­
plainan ts notified A. L. Andrews, m anaging  p a rtn e r 
of Com nlainants, th a t they  refused to re tu rn  to work 
except for higher w ages, which dem and w as declined.



30

Thereupon the said individual nam ed D efendants, 
acting in concert w ith and upon the advice of the 
said D efendants, Vince F e rra r , P a t Vail, Steve Dun­
lop and L arry  W alker, and the respective organiza­
tions rep resen ted  by said  parties, failed  and refused  
to do any work on C om plainants’ fa rm . Thereupon 
C om plainants, acting through the said  A. L. Andrews, 
notified the individual D efendants em ployed by Com­
plainants, th a t th e re  w as no w ork for them  to do any 
longer on the property  and he dem anded im m ediate  
possession of the houses occupied by the individual 
D efendants and th e ir fam ilies. The individual De­
fendants refused to leave the prem ises and stayed  on 
the property . At approx im ately  3:00 o’clock P. M. 
A. L. Andrews, m anag ing  p a rtn e r  of Com plainants, 
requested  his attorney, W. C. K eady, to ta lk  to the 
individual D efendants employed by C om plainants, 
which he did, in the presence of all of them  and th e ir 
project adv isers from  D elta M inistry  and Council of 
F ed e ra ted  O rganizations. Thereupon the said  a tto r­
ney gave the individual D efendants em ployed bv 
Com plainants an opportunity e ither to re tu rn  to w ork 
at the sam e com pensation or to v aca te  the houses oc­
cupied by them  and leave the fa rm  property  and 
remove them selves, the ir fam ilies and effects from  
the fa rm  property . A fter th is s ta tem e n t of Complain­
a n ts ’ counsel, the individual D efendants em ployed 
bv C om plainants re tired  to consider w hat th e ir de­
cision would be and then  reported  in the presence 
of A. L. Andrews, m anaging  p a rtn e r of C om plain­
ants, and his said  counsel, they they w ere not going 
back to work. Thereupon. Com plainants, acting 
through the ir said m anaging  p a rtn e r, delivered to 
each individual defendants previously em ployed by



31

them  a w ritten  notice of eviction which w as in each 
case e ither personally  served upon the ex-em ployee 
or posted on the front door of his house, in those in­
stances w here such ex-em ployees had  tem porarily  
absented  them selves from  the p roperty . Com plain­
ants filed herew ith  a true copy of the eviction notices 
given to the individual D efendants once em ployed 
by Com plainants and which notices a re  hereto  a t­
tached  as Exhibit A-l through A-12.

4.

C om plainants show to the Court th a t despite the 
term ination  of the em ploym ent re la tions w ith  its 
above nam ed individual ex-em ployees, and after the 
aforesaid  fo rm al notice of te rm ina tion  and eviction 
had been m ade to each of said  employees, they  have 
m ade no move to remove them selves, th e ir fam ilies, 
th e ir goods apd effects from  C om plainants’' farm: 
properties and have on the con trary  asse rted  a righ t 
to stay  in the houses occupied by them  as an inci­
dent to th e ir em ploym ent through legal proceedings. 
A copy of w ritten  refusal to v aca te  on the p a rt of the 
said ex-employees is a ttach ed  hereto  as E xhib it “ B” 
and m ade a p a rt heireof by reference. Com plainants 
would show to the Court th a t the occupancy of the ir 
farm  houses by the aforesaid  ex-em ployees was 
solely incident to th e ir em ploym ent, and was, a t law, 
a tenancy  a t will term inable w ith th e ir em ploym ent 
as day laborers. C om plainant fu r th e r  shows tha t it is 
necessary  in o rder to properly  fa rm  said  lands, due to 
their location 9 miles southeast of Leland, Mississippi, 
and fa rth e r from  la rg e r centers of population having 
farm  laborers  available, th a t the said  houses be oc­



32

cupied by those persons who w ork for C om plainants’ 
fa rm  and not otherw ise. The stubborn and obstinate 
re fu sa l of the ex-pmployees^ to deliver im m ediate 
possession of said houses and to rem ove therefrom  
their families, their goods and effects, and to quit 
Com plainants’ fa rm  prem ises, constitu tes a tre s ­
pass which continues from  day to day, and in te r­
feres w ith C om plainants’ p roperty  rights, and depri­
vation of the righ ts safeguarded  by law  to Com­
plainants. F u rth e r, said  stubborn and obstinate r e ­
fusal effectively p reven ts C om plainants from  obtain­
ing rep lacem ent labor needed im m edia te ly  to w ork 
the crops on said  farm s, since housing is not avail­
able to be furnished such rep lacem en t labor, and 
the actions of ex-em ployee D efendants in the p rem ­
ises constitu tes a case of extrem e urgency and unless 
enjoined will inflict irrep a rab le  and im m easurable 
in juries in the cultivation and harvesting  of the ir 
valuable crops. C om plainants show th a t the g ranting  
of a m an d ato ry  injunction in th is cause against said 
D efendant ex-em ployees requiring them  to im m edi­
ately  vacate  from  said fa rm  properties aforesaid , 
is accom panied by an occasion of g rea te s t em ergency 
and is im m ediately  necessary  in o rder to p reven t 
an otherw ise irrep a rab le  in ju ry  to C om plainants. 
Complainants show th a t they do not have a full, com­
plete  or adequate rem edy  a t law.

5.

C om plainants fu rth er charge on inform ation and 
belief th a t the D efendants F e rra r , Vail, Dunlop, W alk­
er and Applewhite acting for th e ir respective orga­
nizations, Council of F ed e ra ted  O rganizations, D elta



33

M inistry and W ashington County C hapter of M issis­
sippi Freigdqm D em ocratic  Party ,, have  counseled 
and advised w ith the individual D efendants fo rm erly  
em ployed by Com plainants w ith a view of in te rfe r­
ing w ith th e ir con tractual relations w ith Complain­
ants, to cause them  to go on strike  and to advise 
them  not to yield possession of the houses occupied 
by the ex-em ployee D efendants and not to quit the 
fa rm  prem ises of Complainants. C om plainants fu r­
ther charge th a t today, June 1, 1965, all of said  De­
fendants nam ed  herein, both individually and as rep­
resen ta tives of th e ir respective organizations, have 
re tu rn ed  to C om plainants’ fa rm  prem ises and they 
have a ttem p ted  to set up a picket line on a public 
road  abutting said fa rm  prem ises, but a t a tim e 
w hen none of the ex-employee D efendant have re ­
m oved their goods, th e ir fam ilies or them selves from  
the houses occupied by them  and located upon Com­
p la inan ts’ fa rm  land. C om plainants charge and show 
unto the Court th a t they  had  today, June 1, 1965, 
procured itineran t rep lacem en t labor to w ork the 
crops, but th a t due to the loud shouts, ca t calls, 
jee rs  and abusive language by D efendants pa rtic i­
pating  in the picketing, who gathered  in large  num ­
bers, said  rep lacem ent labor w as in tim idated, 
th rea tened , and consequently out of fe a r and ap­
prehension left C om plainants’ fields and a re  unwill­
ing to re tu rn  to w ork as long as such in terference  
continues from  the p icketers. C om plainants charge 
th a t the actions of the D efendants today constitutes 
an illegal and unlaw ful exercise of the right of peace­
able picketing, and amounts to an unlaw ful depriva­
tion of C om plainants’ rights, an illegal in terference 
w ith th e ir property  rights safeguarded by law , and



34

C om plainants show th a t unless D efendants a re  en­
joined by order of this Court which will define the 
perm issib le  lim its of peaceable picketing and order­
ing the term s under which peaceful p icketing  m ay 
be carried  out, D efendants will continue to engage 
in th e ir illegal actions from  day to day  and thereby 
accom plish an unlaw ful purpose of destroying the 
righ t of C om plainants to cultivate, m ake and h a rv est 
th e ir 1965 crops, and to contract w ith other individ­
uals for the purpose of doing so. These continuing 
actions on the p a rt of D efendants known to them  to 
be illegal and co n tra ry  to law  continue t 0 con-, 
s titu te  irrep a rab le  in jury  to the righ ts of Com plain­
an ts and only the aid of a  Court of equity  by w ay of 
injunction will p reven t irrep a rab le  in jury  to Com­
plainants. C om plainants show th a t none of the De­
fendants a re  solvent or capable of responding in 
dam ages to Com plainants for the loss p roxim ately  
caused by the ir actions, so th a t Com plainants have 
no full, com plete or adequate  rem edy  a t law  in  the 
prem ises.

W herefore, P rem ises  Considered, Complainants 
p ray  th a t the Court will, im m ediately  upon the filing 
of th is original bill, t r e a t  the sam e prelim inarily  as 
an application for the issuance of an injunction, 
w ithout notice, against the D efendants and any and 
all of them , and any and  all persons, agents, re p re ­
sentatives, and organizations acting in concert w ith 
them  in te rm s  as follows:

(1) A p re lim inary  m andatory  injunction, a ffirm a­
tive in character, requiring  all of the individual D e­
fendants, who are! ex-em ployees of the Com plain­



35

ants, to im m ediately  v aca te  from  the houses located  
on C om plainants’ fa rm  lands and to im m ediately 
rem ove therefrom  their fam ilies, p roperty  and p e r­
sonal effects; and upon the ir fa ilu re  so to do, the 
Sheriff shall im m ediately  ev ict them ;

(2) An injunction prohibitory in ch arac te r req u ir­
ing and com m anding the said  individual D efendants, 
who a re  ex-employees of C om plainants, not to re ­
enter the fa rm  prem ises or any house, barn, shed, 
p riva te  way, private easem ent, or o ther part of Com­
plainan ts’ fa rm  lands, exclusive of public roads, for 
any purposes w hatsoever until fu rth er order of this 
Court;

(3) An injunction prohibitory in ch arac te r against 
all o ther D efendants th an  the individual Defendants 
who a re  ex-employees of C om plainants, and their 
agents, represen tatives, confederates, and all other 
persons acting in concert w<ith them, not to re-enter 
the fa rm  prem ises or any house, barn , shed, private 
way, p riva te  easem ent, or other p a rt of Complain­
an ts’ fa rm  lands, exclusive of public roads, for any 
purposes w hatsoever un til fu rth e r o rder of th is  
Court;

(4) An injunction prohibitory in character re ­
strain ing  and enjoining any and all of the D efend­
ants and all agents, persons, and organizations act­
ing in concert w ith them  from d irectly  or 'indirectly  
th rea ten ing , intim idating, or coercing, e ither by 
words or conduct, the Com plainants, and other en r­
ol ovees still working on th e ir said  farm  property , and 
any other persons employed by C om plainants to work



36

on th e ir farm  property , th a t th is injunction shall con­
tinue in full force and effect until the fu rth er o rder of 
th is Court; ,

(5) An injunction prohibitory in c h a rac te r  re ­
strain ing  the D efendants and all other persons, rep ­
resen ta tives and organizations acting in concert w ith 
them , until the fu r th e r o rder of this Court, from  en­
gaging in or employing any conduct or w ords am ount­
ing to coercion or ‘intim idation as an incident to 
picketing, specifically prohibiting all loud language, 
cat-calls, jee rs , unru ly  and boisterous conduct on the 
part of the p icketers, as well as d irec t th re a ts  of 
violence and bodily h a rm , e ither to C om plainants, 
and other employees, or any persons engaged by 
Com plainants to w ork on th e ir said  farm  lands, or 
o ther m em bers of the public; to prohibit any persons 
picketing from  getting on any p a rt of the fa rm  lands 
of Com plainants, including any house, barn , shed, 
other fa rm  building, or on any priva te  w ay or p ri­
vate easem en t ap p u rtenan t thereto , exclusive of pub­
lic roads; to prohibit picketing in unreasonably large 
num bers, as defined by the o rder of the Court; and 
to prohibit sa id  p icketers from  blocking or im peding 
use of the public road  and free, easy  and open access 
upon and from  all of the properties owned by Com­
plainan ts as aforesaid.

And, on final hearing, th a t said p re lim inary  in­
junctions as m ay be issued by the Court m ay  be 
m ade final and perpetual. If C om plainants have 
p rayed  for w rong or im proper re lief then they  pray  
f o r  all of the full re lief th a t they  a re  in law  and equity 
entitled.



37

As in Duty Bound, Com plainants will ever pray .
KEADY, CAM PBELL & 

DeLONG,
By W. C. READY,

Solicitors for Com plainants.

S tate  of M ississippi,
County of W ashington.

P ersonally  appeared before m e, the undersigned 
N otary  Public, (in and for the S tate  and County afore­
said, A. L. Andrews, one of Com plainants, who afte r 
firs t being duly sworn, stated  on oath th a t he has 
read  the foregoing bill of complaint; that the allega-< 
tions there in  contained are true  and correct except 
as to such allegations m ade on inform ation and be-i 
lief he believes to be true  according to  his best knowl­
edge, inform ation and belief.

A. L. ANDREWS,
(A. L. A ndrew s).

Sworn To and subscribed before me, this 1st day 
of June, 1965.

[ILLEGIBLE]
(Seal) Notary Public.

My Com m ission E xpires: 10-20-65.

Chancellor’s F ia t.

#25,861.

To the C lerk of the Chancery Court of W ashington 
County, M ississippi:

You are hereby D irected and O rdered t 0 issue the 
w rit of p re lim inary  injunction as p rayed  for in the



38

foregoing bill of complaint, except th a t any p icket­
ing conducted by the D efendants or any of them  
shall be held in accordance w ith the following:

(1) P ersons picketing shall not exceed four in 
num ber a t any one time and shall w alk only along 
the sides of the public road  in fron t of farm  head­
q u arte rs , so as not to im pede, block, or otherw ise 
in te rfe re  w ith tra ffic  upon said public road;

(2) Picketing shall be conducted only in a quiet 
and orderly  m anner a t all tim es;

(3) Each person picketing shall be allowed to 
carry  one sign, the size of said  sign not to exceed 30 
inches by 30 inches, so long as the m a tte r or m a te ria l 
displayed upon said dign is such as is calculated to 
persuade only, and is not otherw ise unlawful.

'Complainant shall en ter into and file bond in the 
am ount of F ive Thousand D ollars ($5,000.00), prior 
to issuance of w rit of injunction.

O rdered, Adjudged and D ecreed this, the 1st day of 
June, 1965.

(S.) S. B. THOMAS,
(Seal) Chancellor.

#25861.

S tate  of M ississippi,
County of W ashington.

I, W. L. Kent, C lerk of the Chancery Court in and 
for said  County and S tate  hereby certify  that the 
w ithin and foregoing instrum ent is a tru e  and correct



39

copy of C hancellor’s F ia t as the sam e  app ears  on 
file and of record  in C hancery  M inute Book #-6& page 
21 of the records in m y office, a t G reenville, Miss.

W itness m y hand and official seal, th is the 11 day 
of June A. D., 1965.

W. L. KENT,
Clerk of Chancery Court of 

Washington County, Miss.,
By M. F. WILSON,

(Seal) D. C.

EXHIBIT A-l.

M ay 31, 1965
Jam e s  G reen 

Route 1
Leland, M ississippi 

D ear Jam es:
Since the beginning of th is crop y ear you have been 

employed by Andrews B ro thers P lantation, a p a r t­
nership, consisting of W. B. Andrews and A. L. 
A ndrew s, as a fa rm  day laborer working for wages 
fixed a t $6.00' per day plus a house on our farm  dur­
ing the period of your em ploym ent. L ast Saturday, 
M ay 29, 1965, you w ere paid  your wages due you for 
the preceding w eek’s work. Today, M onday, May 31, 
1965, a t the beginning of the w ork day, you refused  
to go to w ork unless you w ere paid  higher w ages. 
The w rite r thereupon told you tha t you would w ork 
just like you had  been working or th e re  would be no 
w ork a t all for you. When you refused  to work, the



40

w rite r notified you th a t he w as dem anding posses­
sion of the house w hich you occupy.

This afternoon a t approx im ate ly  3:00 o’clock P.M. 
my atto rney , W. C. Keady, w ith my consent and ap ­
proval, again gav’e you an opportunity e ither to re tu rn  
to w ork or to  vacate  the house. A t th a t tim e you w ere 
notified th a t you had the bight to s trike  if you so 
desired  but th a t unless you re tu rn ed  to w ork im ­
m ediately the em ploym ent w as te rm in a ted . A fter 
consideration you advised m e and my a tto rney  that 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again  de­
m anded.

The object of th is le tte r  is to  notify you in writing 
th a t the em ploym ent re la tions existing betw een us 
has been term inated , effective im m ediately, and you 
a re  hereby  notified to im m ediately quit and vacate 
from the house th a t you occupy on our p roperty  and 
get off of our fa rm  lands. Y our fu rth er presence on 
our fa rm  property  will co n stitu te ,a  tresp ass .

Yours very  tru ly ,
ANDREW S BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r .



41

EXHIBIT A-2.

W allice G reen
Route 1

Leland, M ississippi 

D ear Wallice:
Since the beginning of th is crop year you have been 

employed by A ndrew s B ro thers P lan ta tion , a p art­
nership, consisting of W. B. A ndrew s and A. L. 
Andrews, as a fa rm  day labo rer working for w ages 
fixed a t $6.00 per day plus a house on our fa rm  du r­
ing the period of your em ploym ent. Last Saturday, 
May 29, 1965, you w ere paid your w ages due you for 
the preceding w eek’s work. Today, M onday, M ay 31, 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid higher wages. 
The w rite r thereupon told you th a t you would work 
just like you had  been  w orking or th e re  would be no 
w ork a t all for you. When you refused  to work, the 
w rite r notified you tha t he w as dem anding  posses­
sion of the house which you occupy.

This afternoon a t approxim ately  3:00 o’clock P.M. 
my attorney , W. C. Keady, w ith m y consent and ap ­
proval, again  gave you an opportunity e ither to re tu rn  
to w ork or to vaca te  the house. At th a t time you w ere 
notified that you had  the right to s trike  if you so 
desired  but th a t unless you re tu rned  to work im ­
m ediately  the em ploym ent w as term inated . A fter 
consideration you advised m e and m y atto rney  th a t 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
manded. V  I

M ay 31, 1965



42

The object of th is le tte r  is to  notify you 'in w riting 
th a t the em ploym ent re la tion  existing betw een us 
has been te rm in a ted , effective im m ediately, and you 
a re  hereby notified to im m ed ia te ly  quit and vacate  
from the house th a t you occupy on our property  and 
get off of our farm  lands. Y our fu rth e r presence on 
our fa rm  p roperty  will constitu te a  tresp ass .

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r.

EXHIBIT A-3.

T. B. G reen 
Route 1

Leland, M ississippi

M ay 31, 1965

Dear T. B.:
Since the beginning of th is crop y ear you have been 

em ployed by A ndrew s B ro thers P lantation, a p a r t­
nership , consisting of W. B. A ndrew s and A. L. 
A ndrew s, as a farm  day labo rer working for w ages 
fixed a t $6.00 p e r day plus a house on our farm  du r­
ing the period of your em ploym ent. L ast Saturday, 
M ay 29, 1965, you w ere paid  your wages due you for 
the preceding w eek’s work. Today, M onday, M ay 31, 
1965, at the beginning of the w ork day, you refused 
fo  go to w ork unless you w ere paid h igher wages. 
The w rite r thereupon to ld  you th a t you would work



43

ju s t like you had been working or th e re  would be no 
work a t all for you. W hen you refused  to work, the> 
w rite r notified you that he w as dem anding posses­
sion of the house w hich you occupy.

This afternoon at approxim ately  3:00 o’clock P. M. 
m y attorney , W. C. K eady, w ith m y consent and ap­
proval, again gaye you an opportunity e ither to re tu rn  
to w ork or to v aca te  the house. At th a t time you w ere 
notified th a t you had the rig h t to s trike  if you so 
desired  but th a t unless you re tu rn ed  to w ork im ­
m ediately  the em ploym ent was term inated . A fter 
consideration  you advised m e and m y a tto rney  that 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
manded.

The object of th is le tte r  is to notify you in w riting 
that the em ploym ent re la tion  existing betw een us 
has been term inated , effective 'im m ediately, and you 
a re  hereby notified to im m ediately  quit and vacate 
from  the house th a t you occupy on our p roperty  and 
get off of our farm  lands. Your fu rth e r presence on 
our farm  property  will constitu te a trespass.

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r .



44

EXHIBIT A-4.

W illiam  E a r l M artin  
Route 1

Leland, M ississippi

M ay 31, 1965

D ear W illiam  E arl;
Since the beginning of th is crop y ear you have been 

employed by A ndrew s B ro thers P lan ta tion , a p a rt­
nership , consisting of W. B. A ndrew s and A. L. 
Andrews, as a fa rm  day  lab o re r working for w ages 
fixed a t $5.50 p er day plus a house on our fa rm  dur­
ing the period of your employment. Last S aturday , 
M ay 29, 1965, you w ere paid  your wages due you for 
the preceding w eek’s work. Today, M onday, May 31, 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid higher wages. 
The w rite r thereupon  told you tha t you would w ork 
just like you had  been w orking jor there  would be no 
w ork at all for you. W hen you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house which you occupy.

This afternoon a t approx im ate ly  3; 00 o’clock P. M. 
m y atto rney , W. C. K eady, w ith my consent and ap­
proval, again  gave you an  opportunity e ither to re tu rn  
to w ork or to vacate the  house. At th a t tim e you were' 
notified th a t you had  the  rig h t to s trik e  if you so 
desired  but th a t unless you re tu rned  to w ork Im ­
m ediately the em ploym ent w as term inated . A fter 
consideration you advised  me and m y a tto rn ey  th a t 
you v/ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy was again de-* 
m anded.



45

The object of th is le tte r  is to notify you in writing 
th a t the em ploym ent relations existing betw een us 
has been te rm ina ted , effective im m ediately, and you 
are hereby notified to 'im m ediately quit and vacate  
from the house th a t you occupy on our property  and 
get off of our fa rm  lands. Y our fu rth e r presence on 
our fa rm  property  will constitute a trespass.

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r.

EXHIBIT A-5.

John H. Sylvester 
Route 1

Leland, M ississippi

M ay 31, 1965

D ear John:
Since the beginning of th is crop year you have been 

employed by A ndrew s B ro thers P lantation , a p a r t­
nership, consisting of W. B. Andrews and A. L. 
Andrews, as a farm  day laborer working for wages 
fixed a t $6.00 per day plus a  house on our fa rm  du r­
ing the period of your em ploym ent. L ast Saturday, 
M ay 29, 1965, you w ere paid your wages due you for 
the preceding w eek’s work. Today, Monday, May 31, 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid h igher w ages. 
The w rite r thereupon told you th a t you would work



46

ju s t like you had  been working or there  would be no 
w ork a t all for you. W hen you refused  to work, the 
w rite r notified you tha t he w as dem anding posses­
sion of the house w hich you occupy.

This afternoon a t approx im ate ly  3:00 o’clock P. M. 
m y attorney, W. C. Keady, w ith  my consent and ap­
proval, again gave you an  opportunity e ither to re tu rn  
to w ork or to vacate the house. At th a t tim e you w ere 
notified th a t you had the right to s trike  'if you so 
desired  but th a t unless you re tu rn ed  to w ork im ­
m ediately  the em ploym ent w as term inated . A fter 
consideration you advised me and m y attorney  th a t 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as aga'in de­
m anded.

The object of th is le tte r  is to notify you in w riting  
th a t the em ploym ent re la tion  existing betw een us 
has been te rm in a ted , effective im m ediately, and you 
a re  hereby  notified to im m ediately  quit and vacate 
from the house that you occupy on our property  and 
get off of our fa rm  lands. Your fu rth e r presence on 
our fa rm  property  w ill constitu te  a tresp ass .

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r.



47

EXHIBIT A-6.

Jam es  M artin , J r .
Route 1

Leland, M ississippi 

D ear Jam es M artin:
Since the beginning of th is crop y ear you have been 

em ployed by Andrews B ro thers P lan ta tion , a p a r t­
nership, consisting of W. B. A ndrew s and A. L. 
Andrews, as a farm  day lab o re r working for wages 
fixed a t $6.00 per day plus a  house on our farm  d u r­
ing the period of your em ploym ent. Last S aturday , 
M ay 29, 1965, you w ere paid your w ages due you for 
the preceding w eek’s work. Today, M onday, M ay 31, 
1965, a t the beginning of the w ork day, you refused  
to go to w ork unless you w ere paid h igher wages. 
The w rite r thereupon told you th a t you would w ork 
ju s t like you had been working or there  would be no 
w ork a t all for you. W hen you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house which you occupy.

This afternoon a t approxim ately  3:00 o’clock P. M. 
mv attorney , W. C. K eady, with’ m y consent and at>- 
proval, again  gave you an opportunity e ither to re tu rn  
to w ork or to vacate the  house. At th a t time you w ere 
notified th a t you had the rig h t to strike  if you so 
desired  but th a t unless you re tu rn ed  to w ork 'im­
m ediately the em ploym ent w as term inated . A fter 
consideration you advised m e and my a tto rney  that 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
m anded.

.M ay 31, 1965



48

The object of this le tte r  is to notify you in w riting 
th a t the em ploym ent re la tion  existing betw een us 
has been te rm in a ted , effective im m ediately, and you 
are hereby notified to im m edia te ly  quit and vacate 
from the house th a t you occupy on our property  and 
get off of our fa rm  lands. Your fu rth e r presence on 
our fa rm  property  will constitute a trespass.

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r.

EX H IBIT A-7.

G erther Lee M artin  
Route 1

Leland, M ississippi

May 31, 1965

D ear G erther Lee:
Since the beginning of th is crop year you have been 

em ployed by Andrews B ro thers P lantation, a p a rt­
nership, consisting of W. B. Andrews and A. L. 
Andrews, as a farm  d ay  labo rer working for wages 
fixed a t $6.00 per day plus a house on our fa rm  du r­
ing the period of your em ploym ent. L ast Saturday, 
May 29, 1965, you w ere paid your wages due you for 
the preceding w eek’s work. Today, M onday, M ay 31. 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid higher w ages. 
The w hiter thereupon told you th a t you would w ork 
just like you had been working or there  would be no



49

w ork a t all for you. W hen you refused  to work, the 
w rite r notified you th a t he was dem anding posses­
sion of the house w hich you occupy.

This afternoon at approxim ately  3:00 o’clock P. M. 
m y attorney, W. C. K eady, w ith m y consent and ap­
proval, again  gave you an opportunity e ither to re tu rn  
to w ork or to v aca te  the house. At th a t time you w ere 
notified th a t you had  the righ t to s trike  if you so 
desired  but tha t unless you re tu rn ed  to w ork im ­
m ediately  the em ploym ent was te rm in a ted . A fter 
consideration you advised m e and m y a tto rney  th a t 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again  de­
m anded.

The object of this le tte r  is to  notify you in w riting 
th a t the em ploym ent relation existing betw een us 
has been term inated , effective im m ediately, and you 
are  hereby  notified to im m ediately  quit and vacate  
from the house th a t you occupy on our p roperty  and 
get off of our fa rm  lands. Your fu rth e r presence on 
our fa rm  property  will constitu te a trespass.

Y ours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. Andrews),
P a rtn e r.



50

EXHIBIT A-8.

W allace G reen, J r . 
Route 1

Leland, M ississippi

May 31, 1965

D ear W allace:
Since the beginning of the crop y ear you have been 

employed by Andrews B ro thers P lantation , a  p a r t­
nership , consisting of W. B. Andrews and A. L. 
Andrews, as a fa rm  day laborer working for wages 
fixed a t $6.00 per d ay  plus a house on our farm  du r­
ing the period of your em ploym ent. L ast Saturday, 
M ay 29, 1965, you w ere paid your wages due you for 
the preceding w eek’s work. Today, M onday, May 31, 
1965, at the beginning of the w ork day, you refused  
to go to w ork unless you w ere paid higher wages. 
The w rite r thereupon told you th a t you would work 
ju s t like you had  been working or there  would be no 
w ork a t all for you. W hen you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house which you occupy.

This afternoon a t approxim ately  3:00 o’clock P.M . 
my attorney, W. C. K eady, w ith m y consent and ap­
proval. again gave you an opportunity e ither t 0 re tu rn  
to w ork or to vacate the house. At th a t time you w ere 
notified th a t you had the righ t to strike if you so 
desired  but th a t unless you re tu rn ed  to w ork im- 
m ed ia telv  the em ploym ent w as te rm ina ted . A fter 
consideration you advised m e and my attorney  th a t 
von w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again  de­
m anded.



51

The object of th is T etter is to  notify you in w riting 
that the em ploym ent re la tion  existing betw een us 
has been term inated , effective im m ediately , and you 
a re  hereby  notified to im m ediately  quit and vacate 
from the house th a t you occupy on our p roperty  and 
get off of our fa rm  lands. Your fu rth e r presence on 
our fa rm  p roperty  will constitute a trespass.

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r.

EXHIBIT A-9.

M ay 31, 1965

Clarence Sylvester 
R oute 1

Leland, M ississippi 

D ear Clarence:
Since the beginning of th is crop y ear you have been 

em ployed by A ndrew s B rothers P lan ta tion , a  part­
nership, consisting of W. B. Andrews and A. L. 
Andrews, as a farm  day labo rer working for wages 
fixed a t $6.00 per day plus a house on our farm  du r­
ing the period of your em ploym ent. L ast Saturday, 
May 29, 1965, you w ere paid your w ages due you for 
the preceding w eek’s work. 'Today, Monday, May 31, 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid h igher wages.



52

The w rite r thereupon  told you th a t you would w ork 
ju s t like you had been working or th e re  would be no 
w ork a t all for you. When you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house which you occupy.

This afternoon at approx im ately  3:00 o’clock P. M. 
m y atto rney , W. C. K eady, w ith m y consent and ap ­
proval, again  gave you an  opportunity e ither to re tu rn  
to w ork or to vacate  the house. At th a t time you w ere 
notified th a t you had  the right to s trike  if you so 
desired  but th a t unless you re tu rn ed  to w ork im ­
m ediately the em ploym ent was te rm in a ted . A fter 
consideration you advised m e and m y a tto rney  th a t 
you w ere not go'ing to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
manded.

The object of this le tte r  is to notify you in w riting 
th a t the em ploym ent relation existing betw een us 
has been term inated , effective im m ediately , and you 
a re  hereby notified to im m ediately  quit and vacate  
from  the house th a t you occupy on our property  and 
get off of our fa rm  lands. Y our fu rth e r presence on 
our fa rm  property  will constitute a tresp ass .

Yours very  tru ly ,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r .



53

EX H IB IT A-10.

M ack Ingram  
Route 1

Leland, M ississippi

M ay 31, 1965

D ear M ack:
Since the beginning of th is crop y ear you have been 

em ployed by Andrews B ro thers P lantation, a p a r t­
nership, consisting of W. B. A ndrew s and A. L. 
Andrews, as a farm  day lab o re r working for wages 
fixed a t $6.00 p er day plus a house on .ou r fa rm  dur-i 
ing the period of your em ploym ent. Last S aturday , 
M ay 29, 1965, you w ere paid  your w ages due you for 
the preceding w eek’s work. Today, Monday, May 31, 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid Higher w ages. 
The w rite r thereupon told you th a t you would w ork 
ju s t like you had  been w orking or th e re  would be no 
w ork a t all for you. W hen you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house which you occupy.

This afternoon a t approx im ately  3:00 o’clock P. M. 
my atto rney , W. C. Keady, w ith  m y consent and ap­
proval, again  gave you an  opportunity e ither to re tu rn  
to w ork or to v aca te  the house. A t th a t time you w ere 
notified th a t you had the right to s trike  if you so 
desired but th a t unless you re tu rn ed  to w ork im ­
m ediately the em ploym ent w as term inated . A fter 
consideration you advised m e and my a tto rney  th a t 
you w ere not going to  re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
manded.



54

The object of th is le tte r  is to notify you in writing: 
th a t the em ploym ent re la tion  existing betw een us 
has been te rm ina ted , effective 'im m ediately, and you 
are hereby  notified to im m ediately  quit and vacate  
from  the house that you occupy on our p roperty  and 
get off of our fa rm  lands. Y our fu rth e r presence on 
our fa rm  property  will constitute a trespass.

Y ours very  tru ly ,
ANDREW S BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r .

EXHIBIT A -ll.

M ay 31, 1965

Johnnie Johnson, J r .
Route 1

Leland, M ississippi

D ear Johnnie: ;
Since the beginning of th is crop y ear you have been 

em ployed by Andrews B ro thers P lan tation , a part- 
nership , consisting of W. B. Andrews and A. L. 
Andrews, as a fa rm  day  lab o re r working for w ages 
fixed a t $6.00 per day plus a house on our fa rm  du r­
ing the period of your employment. L ast Saturday, 
May 29, 1965, you w ere paid your w ages due you for 
the preceding w eek’s work. Today, Monday, M ay 31, 
1965, a t the beginning of the w ork day, you refused 
to go to  w ork unless you w ere paid h igher wages.



55

The w rite r thereupon  told, you th a t you would w ork 
ju s t like you had  been working or there  would be no 
w ork a t all for you. W hen you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house w hich you occupy.

This afternoon a t approxim ately 3:00 o’clock P. M. 
my attorney , W. C. Keady, w ith m y consent and ap­
proval, again gave you an  opportunity  e ither to re tu rn  
to w ork or to v aca te  the house. At th a t tim e  you w ere 
notified th a t you had the right to s trik e  if you so 
desired  but that unless you re tu rn ed  to w ork im ­
m ediately the em ploym ent w as te rm in a ted . A fter 
consideration you advised m e and my a tto rney  th a t 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
m anded.

The object of th is le tte r  is to notify you in w riting 
th a t the em ploym ent re la tion  existing betw een us 
has been te rm in a ted , effective im m ediately, and you 
a re  hereby  notified to im m ediately  quit and vacate  
from  the house that you occupy on our property  and 
get off of our fa rm  lands. Your fu rth er p resence on 
our farm  p roperty  will constitu te a trespass.

Yours very  truly,
ANDREWS BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P artn e r.



56

EXHIBIT A-12.

M ay 31, 1965

George Lee M artin
Route 1

Leland, M ississippi 

D ear George Lee:
Since the beginning of th is crop y ear you have been 

employed by A ndrew s B ro thers P lan ta tion , a p a rt­
nership, consisting of W. B. A ndrew s and A. L. 
Andrews, as a fa rm  day  lab o re r working for w ages 
fixed a t  $5.50' p er day plus a  house on our farm  dur-‘ 
ing the period of your em ploym ent. L ast Saturday, 
May 29, 1965, you w ere paid  your w ages due you for 
the p receding  w eek’s  work. Today, M onday, M ay 31, 
1965, a t the beginning of the w ork day, you refused 
to go to w ork unless you w ere paid higher wages. 
The w rite r thereupon told you th a t you would w ork 
ju s t like you had  been w orking or th e re  would be no 
w ork a t all for you. W hen you refused  to work, the 
w rite r notified you th a t he w as dem anding posses­
sion of the house which you occupy.

This afternoon a t approxim ately  3:00 o’clock P. M. 
my attorney , W. C. K eady, w ith my consent and ap­
proval, again  gave you an opportunity e ither to re tu rn  
to w ork or to vaca te  the house. At tha t tim e you w ere 
notified th a t you had the righ t to strike if you so 
desired  but that unless you re tu rn ed  to w ork im ­
m edia tely  the em ploym ent w as te rm ina ted . A fter 
consideration you advised me and my a tto rney  th a t 
you w ere not going to re tu rn  to work. Thereupon, 
possession of the house you occupy w as again de­
m anded.



57

The object of th is le tte r  is to notify you in  w riting 
that the em ploym ent re la tions existing betw een us 
has been term inated , effective im m ediately , and you 
a re  hereby notified to im m ediately quit and vacate: 
from  the house th a t you occupy on our property  and 
get off of our fa rm  lands. Your fu rth e r presence on 
our fa rm  property  will constitu te  a trespass.

Y ours very  tru ly ,
ANDREW S BROTHERS 

PLANTATION,
By A. L. ANDREWS,

(A. L. A ndrew s),
P a rtn e r.

EXHIBIT “B ” .

Mr. A. L. A ndrew s 
Leland 

M ississippi

May 31, 1965

D ear Sir:
The undersigned rep resen ting  your em ployees give 

notice they  intend to p ro tec t the ir property  righ ts in 
th e ir homes through judicial proceedings by law.

N am es 
Jam es G reen 
Wallice G reen 
T. B. G reen  
W illiam E a r l  M artin  
John H. Sylvester 
Jam e s  M artin , J r .
G erther Lee M artin



W allace G reen, J r .
C larence Sylvester
M ack In g ram
Johnnie Johnson, J r .
George Lee M artin

State of M ississippi,
County of W ashington.

I, W. L. Kent, C lerk of the Chancery Court in and 
for sa id  County and S tate  hereby certify  th a t the 
w ithin and foregoing in s tru m en t is a  tru e  and cor­
re c t copy of O riginal Bill of Com plaint, Chancel­
lor’s Fiat & Exhibits A1-A12 Inc. & Exhibit B as 
the same appears filed in C hancery Docket Book 36 
page 305 of the records in m y  office, a t G reenville, 
Miss.

W itness my hand  and official seal, th is the 11 day 
of June A. D., 1965.

W. L. KENT,
Clerk of the Chancery 

Court of W ashington 
County, Miss.,

By M. F . WILSON,
D. C.

58

(Seal)



59

COMPLAINANTS’ EXH. °2.

In  the C hancery  Court of W ashington County, Mis* 
sissippi, in Vacation, 1965.

A. L. A ndrew s, R uth  Coleman A ndrew s, and W. B.
A ndrew s, C om plainants,

vs. Cause No. 25861.
Jam es  G reen, W allice G reen, T. B. G reen, W illiam 

E a r l M artin, John H. Sylvester, Jam es  M artin , Jr.> 
G erther Lee M artin, W allace G reen, J r . ,  Clar-. 
ence Sylvester, Mack Ingram , Johnnie Johnson, 
J r ., George Lee M artin, Vince F e rra r , P a t Vail, 
Steve Dunlop, L arry  W alker, and Sam  Apple- 
white, and 'Council of F ed era ted  Organizations, 
D elta M inistry, and M ississippi Freedom  Demo­
cra tic  P a rty , W ashington County C hapter, De­
fendants.

In junction Bond.

Know All. Men by These P resen ts: T hat We, A. L. 
Andrews, R uth Coleman A ndrew s, and W. B. An­
drew s, P rincipals, and E. E. Cooper, D. B. F lanagan 
and J. M. Dean, Sureties, do hereby  bind ourselves, 
our heirs, legatees and personal rep resen ta tives, un­
to Jam es  G reen, W allice G reen, T. B. G reen, W illiam  
E arl M artin, John H. Sylvester, Jam es M artin, J r ., 
G erther Lee M artin, Wallace G reen, J r ., C larence 
Sylvester, M ack Ingram , Johnnie Johnson, J r ., 
George Lee M artin, Vince F e rra r , P a t Vail, S teve 
Dunlop, L a rry  W alker and Sam  Applewhite, and 
Council of F edera ted  O rganizations, D elta M inistry, 
and M ississippi Freedom  Democratic P a rty , W ash­



6b

ington County C hapter, Obligees, in the penal sum  
of $5,000.00.

The Condition of th is bond is th a t, w hereas, the 
above bounden Principals have applied to the Chan­
cery  Court of W ashington County, M ississippi, in 
vacation, for the issuance, w ithout notice, of a p re ­
lim inary  injunction, both m andatory  and prohibi­
tory  against the above nam ed  Obligees.

Now, Therefore, if said  injunction shall be a t any 
time declared  to be w rongfully issued by a C ourt of 
com petent jurisdiction, the condition of th is bond is 
that the above bounden principals and th e ir sureties 
shall pay all dam ages resu lting  from the wrongful 
issuance of said  injunction; otherw ise th is bond shall 
be void and of no effect.

W itness Our S ignatures this, the 1st day of June, 
1965.

A. L. ANDREWS,
RUTH COLEMAN 'ANDREW S, 
W. B. ANDREWS,

Principals,
By A. L. ANDREWS,

(A. L. Andrews),
M anaging 'P a rtn e r of An­

drew s B ro thers P la n ta ­
tion.

(S.) E . E. COOPER,
(S.) D. B. FLANAGAN,
(S.) J . M. DEAN,

Sureties.



61

The Foregoing Bond is approved by m e, this, the 
1st day of June, 1965.

(S.) W. L. KENT,
(W. L. K ent),

C hancery  Clerk.

S tate of M ississippi,
County of W ashington.

I, W. L. Kent, C lerk  of the Chancery Court (in and 
for said  County and S tate  hereby certify  th a t the  
w ithin and foregoing in s tru m en t is a true  and cor­
rec t copy of Injunction Bond as the sam e appears 
on file and of record  in Chcy M inute Book 69 page 
21 of the records in my office, at G reenville, Miss.

W itness m y hand and official seal, th is the 11 day 
of June A.D., 1965.

W. L. KENT,
(Seal) C lerk  of Chancery Court of

Washington County, Miss.,
By M. F. WILSON,

D. C.



62

COMPLAINANTS’ EXH. #S .

In the C hancery  Court of W ashington County, Mis­
sissippi, 'in V acation, 1965.

A. L. A ndrew s, R uth  Coleman Andrews, and W. B.
Andrews, Com plainants,

vs. Cause No. 25861.
Jam es  G reen, Wallice G reen, T. B. G reen, W illiam  

E a rl M artin, John H. Sylvester, Jam e s  M artin , J r . ,  
G erther Lee M artin, W allace G reen, J r ., Clar­
ence Sylvester, M ack Ingram , Johnnie Johnson, 
J r . ,  George Lee M artin, Vince F e rra r , P a t Vail, 
Steve Dunlop, L a rry  W alker, and Sam Apple- 
white, and Council of F ed e ra ted  O rganizations, 
Delta M inistry, and M ississippi F reedom  Demo­
cra tic  P a rty , W ashington County C hapter, De­
fendants.

W rit of Injunction.

To: All of the D efendants Above Named:
W hereas, ;A. L. Andrews, R uth Colem an Andrews, 

and W. B. Andrews, as C om plainants, have filed the ir 
bill in the above Court against you praying for a p re­
lim inary  injunction, both m an dato ry  and prohibi­
tory; and

W hereas, the Honorable S. B. Thomas, Judge of the 
C hancery Court of W ashington County, M ississippi, 
has th is da te  in said cause, by o rder en tered  th is date, 
has directed th a t said injunction issue against you as 
p rayed  for in said original bill of complaint and as



63

fu rth er specified in said  order, said in ju n c tio n  having 
issued upon the posting of bond in the am ount of 
$5,000.00, as set by said  order, and conditioned ac­
cording to law ;

Now, Therefore, you a re  hereby enjoined and com­
m anded as follows:

(1) The above nam ed D efendants, nam ely, Jam es  
G reen, W allice G reen, T. B. G reen, W illiam E arl 
M artin, John H. Sylvester, Jam es M artin, J r ., Ger- 
ther Lee M artin, W allace G reen, J r . ,  C larence Syl­
vester, Mack Ingram , Johnnie Johnson, J r . ,  and 
George Lee M artin, form erly em ployees of said 
C om plainants, shall im m ediately  vacate from the 
houses located on Com plainants’ fa rm  lands as de­
scribed  in the bill of com plaint and immediately re ­
m ove therefrom  th e ir fam ilies, p roperty  and p er­
sonal effects; (and upon th e ir fa ilu re  to do so in stan t- 
e r , the Sheriff of W ashington County, M ississippi, or 
his authorized deputy, shall be and hereby is d irec ted  
to evict them  im m ediately.

(2) The D efendants, Jam es G reen, W allice G reen, 
T. B. G reen, W illiam  E arl M artin , John H. Sylvester, 
Jam es  M artin, J r ., G erther Lee M artin , W allace 
G reen, J r ., C larence Sylvester, Mack Ingram , John­
nie Johnson, J r . ,  and George Lee M artin , shall not 
re-en ter the fa rm  prem ises or any house, barn , shed, 
p riva te  way, private easem ent, or other p a r t of Com­
p la inan ts’ farm  lands, exclusive of public roads only, 
for any purposes w hatsoever, until the fu rth er order 
of th is Court.



64

(3) All D efendants above nam ed and the ir agents, 
rep resen ta tives, confederates, and all other persons 
acting i n ' concert w ith them  shall not en ter or re-en­
te r  the fa rm  prem ises or any house, barn, shed, p ri­
vate  way, p rivate easem en t or o ther p a rt of Com­
p la in an ts’ farm  lands, exclusive of public roads only, 
for any purposes until the fu rth er order of this Court.

4. All D efendants above nam ed and all agents, 
persons and organizations acting in concert w ith them  
a re  prohibited from  e ith e r d irectly  or indirectly  
th rea ten ing , intim idating or coercing, e ither by 
w ords or conduct, the C om plainants, A. L. Andrews, 
R uthiC olem an A ndrew s, and W. B. Andrews, or other 
em ployees of Com plainants still working on said farm  
lands, or any other persons em ployed by Com plain­
ants to w ork on th e ir farm  property , and th is injunc­
tion shall continue in full force and effect until the 
fu rth er order of th is Court.

5. All D efendants herein  nam ed and all other per­
sons, rep resen ta tiv es  and organizations acting in 
concert w ith them  are, until the fu rth e r o rder of this 
Court, prohibited  from  engaging in or em ploying any 
conduct or w ords am ounting to coercion or in tim i­
dation as an incident to picketing and they  are spe­
cifically prohibited from  using loud language, cat­
calls, jee rs , unruly  and boisterous conduct, as well 
as d irect th rea ts  of violence and bodily harm  e ither 
to Com plainants, and other employees, or any person 
engaged by C om plainants to w ork on th e ir fa rm  
lands n ear T ribbett, M ississippi, or m em bers of the 
public; and D efendants or o ther persons, agen ts or 
organizations acting in concert w ith them  are  pro­



65

hibited  from getting on any p a rt of the farm  lands 
of Com plainants, including any house, barn , shed, or 
other farm  buildings or p riva te  way, or p riva te  ease ­
m ent appurtenan t thereto , exclusive of public roads, 
and all D efendants, or other persons and organiza­
tions acting  in concert w ith them  are  hereby re ­
s tra ined  and prohibited  from  conducting any picket­
ing of C om plainants on Com plainants’ aforesaid 
property , except and unless such picketing complies 
w ith the following standards:

(a) P ersons picketing shall not exceed four in 
num ber a t any one tim e, and they shall s tand  or w alk 
only along the sides of the public road  in front of Com­
plainants’ fa rm  h ead q u arte rs  so as not to impede, 
block or otherw ise in te rfe re  w ith tra ffic  upon said 
public road, not m ore than two cars of said  picket- 
e rs to be parked  on the side of said  public road a t 
any one tim e.

(b) P icketing, if engaged (in, m ust be conducted 
only in a quiet and orderly  m anner a t all times.

(c) P ersons picketing shall be allowed to ca rry  
one sign, not exceeding in size th irty  inches by th irty  
inches, and m ay  place thereon prin ted  m atte r or m a­
te ria l calcu lated  only to persuade and not otherw ise 
unlawful.

Given under my hand and official seal, this 1st 
day of June, 1965.

(S.) W. L. KENT,
(W. L. K ent),

C hancery Clerk.



To the Sheriff or any Law ful Officer of W ashington 
County, M ississippi:

You Will E xecu te  the above w rit of injunction 
against all D efendants nam ed and m ake your re ­
turn  thereof im m ediately  to th is office.

(S.) W. L. KENT,
(W. L. K ent),

C hancery  Clerk.

S tate  of M ississippi,
County of W ashington.

I, W. L. Kent, C lerk of the Chancery Court in and 
for said  County and S ta te  hereby certify  that the w ith­
in and foregoing in s tru m en t is a true  and correct 
copy of W rit of Injunction as the sam e appears on 
file C hancery Docket Book # 3 6  page 305 of the re c ­
ords in m y office, a t G reenville, Miss.

W itness my hand and official sea l, this the 11 day 
of June  A.D., 1965.

W. L. KENT-
(Seal) C lerk of C hancery  Court of

Washington County, Miss.,
By M. F. WILSON,

D. C.



67

COMPLAINANTS’ EXH. # 4 .

In  the United States D istrict Court for the N orthern  
D istric t of M ississippi.

O rder.

In all cases rem oved to the D istric t Court of the 
United S tates for the N orthern  D istrict of Mississippi, 
from  State  Courts the bonds to be filed by rem oving 
defendant or defendants shall be in the penal sum of 
$500.00, or such la rg e r am ount as the Clerk of the 
Court m ay  deem  proper and necessary , and said: 
bond shall be w ith good and sufficient su reties and 
to be approved by the C lerk when the said  C lerk is 
sa tisfied  as to the sufficiency of the su re ties th e re ­
on.

A copy of this ru le is o rdered  spread  on the m inutes 
of the Court a t A berdeen, C larksdale, and Oxford.

O rdered this Septem ber 18, 1948.
ALLEN COX,

United S tates D istric t Judge.

Ent. M.B.24, page 839—W estern  Division.

I hereby certify  th a t the foregoing is a true  copy of 
the original thereof now in m y office.

A ttest: June 16, 1965.
WILLIAM T. ROBERTSON,

(Seal) Clerk,
By SHIRLEY S. LUMPKIN,

D. C.



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