o
I
Senator-Lawyers Provide Field Day With
Debate Oyer Civil Rights Trial Amendment
By A. ROBERT SMITW
Mail Tribune Correspondent
Washington if the public
Is a bit baffled by precisely
what is at stake in the current
civil rights debate in the Sen
ate over a jury trial amendment,
the issue has provided a field
day for the lawyers of the Sen
ate.
Senators such as Wayne Morse
of Oregon,
Henry M .
Jackson of
Washing
ton, Frank
Church of Ida
ho and Joseph
O'Mahoney of
Wyoming, all
of them attorn.
fSaaJ e y s-a i-iaw.
a. kom smitb have been do
t - '41
minating the debate over this
. critical feature of the civil rights
bilf S
O'Mhoney and Church, with
Esteg Kefauver of Tennessee,
are sponsors of the Jury trial
' amendment. The bill as it stands
vould allo:v federal district at
- torneys to go into federal dis
trict courts and get injunctions
. or restraining orders to protect
' the civil right to vote of any
'citizen, presumably Negroes in
southern states.
A federal judge can issue the
injunction. If a public official,
say a local election official, did
not comply with the court order,
the court could have authority
to jail or fine him until he
agreed to carry it out. No jury
is involved in this procedure.
Criminal Contempt
The jury trial would come in
when it became the purpose of
the court to punish anyone who
obstructed the court orcr, say
an election official who con-
' tinued to intimidate a voter in
order to prevent his casting a
ballot. This would be a case of
criminal contempt of court, as
' distinguished from civil con
tempt when the court simply
" sought to attain compliance with
r its order.
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trial
amendment
would apply only in criminal
punishment, but the judge alone
could issue injunctions and jail
officials until they complied
with injunctions.
In arguing against the jury
amendment, Morse, pointed out
that "there never has been a
right trial by jury in contempt
proceedings, either civil or crim
inal." He said to interpose a
jury between the court and the
defendant would deprive the
courts of their historic power to
preserve their own integrity by
compelling compliance and pun
ishing for failure to comply. He
said the defendant's protection
lies not in a jury trial but jn the
power to appeal the court's de
cree to a ' higher court, ulti
mately to the Supreme Court,
which. decides all issues without
a jury.
New Procedure
Senator Jackson, arguing for
the jury trial amen(nent, said
the bill without it would allow
the federal attorneys to bypass
the normal procedure, of get
ting indictments for crimes and
trying them before a jury, and
giving them a new procedure
of getting court injunctions
against certain criminal acts and
punishing the violators without
a jury trial.
Jackson said "trial by jury,
just as the right to vote, is one
of our traditional civil rights.
Arfd like all civil rights, it is
designed to shield the individual
from the potential tyranny of
the state. We need not be so
fearful for the future of voting
rights that we now endanger one
civil right to guard another."
Morse declared that juries are
for "case of controversies be
tween individuals, in damage
suits, and in other private con
troversies" but that to let a
jury of laymen decide contempt
of court cases involving consti
tutional rights would "weaken
our court system" because
"some juries are inclined to
subordinate constitutional rights
tc local social, economic, and
political attitudes and biases."
On Grounds of Policy
Sen. Richard L. Neuberger of
Oregon, agreeing that plausible
arguments had been made by
lawyers on both sides of the
issue, each side marshalling im
pressive precedents in law, said
the Senate would have to decide
the issue "on grounds Jf policy,
not of law." "
"If trials there must be, which
will be more in the public inter?
est?" Neuberger asked the Sen
ate. - '"
Neuberger, like Morse and
Sen. Paul Douglas before him,
pointed out that juries in the
South are frequently carefully
selected ' to ' exclude Negroes.
This may be done in some states
by limiting jury duty to register
ed voters and' since voting
registration has been 3?strict-
ive against Negroes, through
poll taxes? literacy tests and
other ' obstacles of discrimina
tion, " this means few Negroes
can qualify for duty and 'fewer
are called to serve by local jury
commissioners. Sponsors of the
jury trial amendment agreed to
accept Neurberger's qualifica
tion that would apply only in
states where Negroes are not
excluded from jury duty..
Effectiveness Questioned
Douglas questioned the effec
tiveness of allowing juries to
determine civil rights cases by
citing the findings of a commit
tee headed by Fedaral Judge
John C. Knox which looked into
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The jury
$'
Jury selection methods -in the,
South. The Knox repO-t foundVwheel and sometimes by pick-
that a jury commissioner and
a clerk of the court are appoint
ed, one from each party, who in
turn write to so-called "key
men" in each county for sug
gested names of jurors. The key
men are usually businessmen or
political leaders, and in any
event tend to be white citizens.
Their lists are sent to the jury
commissioner for the federal
court of each district. The com
missioners then select jurors,
Quotes From the News
By UNITED PRESS
Washington Defense-Secretary Charles E. Wilson
an air-tight spendingolimit on the military services:
"I won't approve anything that would raise defense costs one
dollar in the tame of mind I'm in now."
Washington Sen. Barry Goldwater (R.-Ariz.) on the garment
industry activities of labor racketeer Johnny Dio and his asso
ciate. Theodore (Teddy Ray) Rij:
"I am ashamed that people like this hide behind the skirts of
America." -
Hollywood Cornelius Vanderbilt Whitney, on plans to divorce
his third wife and iftrry the star of his first Hollywood movie:
"It is difficult to explain marital troubles, and it is always un
pleasant to try but increasing conflicts have beset my marr jige
over the past several years." - .
Denver Mamie Eisenhower, on dedicating a park in her
honor:
"I hope through the years that all the young mothers in this
area will say to their children: 'Hurry up now and get over there
and play in Mamie's parl' "
Hollywood Irish-Italian starlet Gia Scala, denying she was
drunk when her sports car hit a house:
"I just had a couple of glasses of champagne with a'doctor who
is treating my mother. I'm really a good girl."
Hollywood Scandal
Hearing Delayed to
Seek Larger Room
Hollywood (W The show
billed as the spiciest in Holly
wood history opened today in
Superior Court with such a
crowd of stars called to reveal
their intimate lives that the first
act had to be postponed until a
bigger courtroom was available.
Scheduled to start at 9 a.m.,
the conspiry trial of Fred and
Marjorie Meaqj, first of actions
against the notorious scandal
mongering magazines.O Confi
dential andOWhisper, had to be
put over until 2 p.m.
Ottirious Spectators .
That was the first time in the
day that baliffs .found available
a court big enough to hold the
135 witnesses from among film
land's elite whose presence
dragged out a mob of curious
spectators.
The Meades were the first tar
gets of autlSrities attempting to
quash the retailing of moviejand
peccadilloes. Their investigating
agency was the collection point
in filmland for the nauity gos
sip about the stars. From them it
went to Confidential and Whis
per. They were charged with
conspiraftf to publish libelous
and obscene matter about cereb
rities. '
Hollywood industty sources
reportedly were supporting an
investigation last spring by the
.4.1. .UH.n.i. MnMA.nl'. tffra
mat resuiiea in an lnaiciiiieut
against the Meades and other
officers of the magazines by the
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and 10 FortuneStamps
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O
sometimes by the spin of a
ing them by name from the lists,
Said Douglas:
"Very few Negroes. I think
certainly a very small propor
tion of Negroes, I think find
liieir way onto the lists. Still
fewer are selected for jury duty.
Therefore, the juries which will
try these contempt cases, if the
amendment is adopted, will be
carefully winnowed, and the Ne
groes of the South will have
very litUS representation on
them."
on placing
O
county graOd jury.
Runs For Cover O
But when the def ense dis
closed plans for the trial, rrftvie
land ran for cover and attempted
to halt the proceedings. "
Defense attorneys claimed they
have subpoenaed more than 100
top movie stars and personali
ties to ask them under oath if
spicscandal stories'in the mag
azines were "true."
One star, Rory Calhoun, tried
legal efforts to escape the si
poena but his motion to quash
the order on grounds .his testi
mony wouldn't be revelant was
refused y Judge Herbert V.
Walker. Had Calhoun been suc
cessful, he might have (jpened
the wayfor scores of other Hol
lywood figures to escape possi
ble embarrassing questions.
Near-Panic Results
As Lion Claws Girl
gurwell, Neb. IIP! A tooth
less lion cub, apparently fcored
with its role, in O rodeo clown's
act, wandered into a crowd of
spectators to play with a little
girf:
The girl bent oOer to pet the
"pretty kitty" Thursday after
noon and a near panic broke
loose.
The lion scratched Ellen ;
Kruse, 6, in the excitement. 1- '
leij s mother, Mrs Wallace j
Kruse, Colon, Neb., unaware the j
lion was tame and toothless, did j
battle with cub with her bar?;
fists.
She beato the beast on the j
head for nearly a minute before I
the trainer pulled the lion back
into the arena and order was I
restored.
Ellen was scratched on her
left leg and on her forehead.
Officials at Burwell hospital I
said about 10 stitches were i
needed to close the leg wound, j
They said Ellen probably will I
be released from the hospital
today. '
Crown Zellerbach
Reports Nvt Income
San Francisco rtr) Crown
Zellerbacn Corporation reported
Thursday a net income of $18,
776.000 for the first half of
1957, equal to S1.31 a share."
The net for the first six
months of 1956 was equivalent
to.S1.76 a share, the company
said.
Despite the 24.8 per cent de
cline in earngigs, sales rose 2
per cent. First half net sales
were $227,400,000, about four
million dollars above the same
period last year.
Daily's U-Drive
Medford Airport
U.S., Canada Join
In Air Defense
Ajjainsf Russia
Washington OP) The United
States and Canada took a big'
step forwOrd today in setting Up
one overall North American air
command to defend against pos
sible Russian attack.
The two countries outlined
plans for partially merging
their air defense forces and put
ting them under the single con
trol of U.S. Air Force Gen. Earl
E. Partridge.
Partridge would be responsi
ble to the chiefs of staff of both
countries. His deputy command
er in chief would be Air Mar
shal C. R. Slemon, Canadian
chief of air sff.
System of Control
The two countries announced
Thursday night that they have
"agreed to the setting up of a
system of integrated operational
control of the air defense forces
in the continental United States,
LAIaska and Canada."
The joint headquarters of the
two air officers will be situated
at Colorado Springs, Colo.
Known as Adcanus, the head
quarters will be organized along
lines similar to the central com
mand of the North Atlantic
Treaty Organization (NATO).
The full powers of tfie com
mander and his deputy remain
to be worked out in detail, a
Pentagon spokesman said.
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Friday, August 2. 1957
Sen. George Said
'Steadily Weaker'
Vienna, Ga. (IP) Former
Sen. Walter F. George, 79, fought
stubbornly for his life today in
what physicians . called 3 h e
gravest of a succession of cri
ses of his heart ailment.
Dr. M. L. Malloy, his family
physician, said the one - time
"dean" of the U. S. Senate who
retired last January after serv
ing 34 years had reached "the
lowest po'int yet" in his illness.
The influential former chair
man of the Senate Foreign Re
lations committee afterward was
named President Eisenhower's
ambassador to NATO.
His " condition is becoming
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Holmes Gives Pardon
Salem (ffl Gov. Robert D.
Holmes has granted a full par
don to Walter E. Baer, 58, Se
attle, whom the federal govern
ment has been trying to deport
to Germany for 23 years. .
Baer, a former Portland resi
dent, was convicted of forgery
charges in 1919 and 1921 and
was granted a conditional par
don by the late governor Earl
Snell, in 1945.
Baer's attorney, Irvin Good
man, Portland, said he thought
'progressively graver," Malloy
said after consultation with Dr.
J. Willis Hurst, heart specialist
and head of the Emory Univer
sity medical department in Atlanta.
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Holmes'. full pardon would sat
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McCarran - Walter immigration
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The government dropped its
deportation efforts after the con
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up again in 1952 contending that
only a full pardon would allow
Baer to stay In this country.
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