Lawyers' Committee for Civil Rights Under Law >
FORMED AT THE REQUEST OF THE PRESIDENT OF THE UNITED STATES
Co-Chairmen
HARRISON TWEED 1 Chase Manhattan Plaza New York 5, N. Y.
BERNARD G. SEGAL Packard Building Philadelphia 2, Pa.
REPORT TO THE MEMBERS OF THE LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW
Harrison Tweed Bernard G. Segal Co-Chairmen February 11, 1964 I. THE MEETING OF LAWYERS AT THE WHITE HOUSE ON JUNE 21, 1963
As you all know, the Lawyers' Committee for Civil Rights Under Law was organized by lawyers from all parts of the country following a conference of lawyers called by President Kennedy at the White House on June 21, 1963. The Conference in the East Room of the White House on that day was a unique event. Out of the 260 lawyers invited 244 attended. They were thoroughly representative of the Bar of the country-geographically, organizationally and racially. President Kennedy, Vice President Johnson and Attorney General Kennedy spoke at length cf the seriousness of the racial unrest and the need for solution of the civil rights problem in a spirit of understanding and in accordance with the law of the land. Each of them emphasized the significant role that lawyers can play in assuring legal rights to all citizens. They pointed out that lawyers are specially qualified to take the lead in this critical situation, because of their understanding of the rights in issue and their skill and experience in bringing people with different points of view into a workable accord. The pre sentations were impressive and inspiring, although sobering. President Kennedy, with the support of the Vice President and the Attorney General, requested that a Lawyers' Committee be established to secure the help of the nation's lawyers in resolving our critical racial problems. The lawyers present.were not asked to support the legislation pending in the Congress. The selection of objectives and procedures was left to the discretion of the Committee. It was recognized that the Committee would cooperate closely with the American Bar Association and with state and local Bar Associations. At the White House meeting, President Kennedy requestec Harrison Tweed of New York and Bernard G. Segal of Philadelphia to act as Co-Chairmen in the further conduct of the meeting and in organizing the Committee, fixing its objectives and working towards their achievement. Since then, the fundamental philosophy of the Commit tee has been set forth in a report on "Policy and Program" pre pared by a subcommittee under the Chairmanship of Judge Samuel 1 I. Rosenman. That report states:
"We believe that in the solution of the present problems in the field of racial civil rights, lawyers are especially equipped by education, pro fessional training, experience and skills to play a leading role; and are under a special responsibility boldly to assume and carry out that role.
(1) The members of the subcommittee were Bruce Bromley, William R. Ming, and William P. Rogers.
-2- "More than any other single group, lawyers must always stand ready to fight lawlessness and de fiance of court decisions. It is their duty to en courage and, if need be, to compel all of our citi zens to obey the law and the public officials to en force it. All our human and property rights depend upon a system of laws which are to be obeyed. Other wise there can be only chaos and anarchy. The logic, skill and dispassion of members of the. legal profes sion must be enlisted to solve and prevent the danger ous emotional outbreaks which racial conflicts present. "Because of their experience in negotiation, lawyers can help keep open the local avenues of com munication in disputes between races, and make smoother and easier the road to racial peace."
II. THE ORGANIZATION OF THE COMMITTEE
The first step was to notify all those present at the White House of their eligibility for membership on the Commit tee, designated the "Lawyers' Committee for Civil Rights Under Law" and to seek their acceptance. Most of them accepted. Since then others have joined so that the Committee now has approxi mately 250 members. The Committee has not made any broad
-3- solicitations for membership, believing it desirable to have the Committee consist primarily of those who take the initia tive in volunteering for membership.
The Committee is bi-racial and geographically diver sified. It includes the President and eight past Presidents of the American Bar Association and four members of its Board of Governors; the President and past President of the National Bar Association; the Presidents or past Presidents of more than twenty-five State Bar Associations;itwo former Attorneys General of the United States; the Attorneys General of several states; the Deans of fifteen Law Schools; the President, past President and President-Elect of the American College of Trial Lawyers; the General Counsel and members of the Board of Directors of the NAACP, and of its Legal Defense and Educational Fund, Inc.; the President, the Council Chairman, and the past President of the American Law Institute; the President of the American Bar Foundation; members of the Executive Council of the Junior Bar Conference of the American Bar Association; the Presidents of Howard University and Yale University; officers of the American Judicature Society and the Commissioners on Uniform State Laws. (A list of the members of the Committee is attached to this report. )
-4- The Committee has been organized as a non-profit cor poration under the laws of the District of Columbia. The Com mittee's offices have now been established in Suite 900, Farragut Building, 900 17th Street, N.W., Washington, D. C.
Harrison Tweed and Bernard G. Segal serve as Co- Chairmen of the Committee. Lloyd N. Cutler of Washington, D. C. is Secretary, and Cecil E. Burney of Corpus Christi, Texas, is Treasurer.
Last month, the Committee was most fortunate in ob taining David Stahl as its Executive Director. Mr. Stahl was formerly City Solicitor of Pittsburgh, later Attorney General of Pennsylvania. He is now a Professor of Law at the University of Pittsburgh Law School. He has taken a leave of absence in order to assume his work with the Lawyers' Committee.
The Committee has a Board of Directors of forty-three of whom ten, together with the officers, constitute the Execu tive Committee. The Board of Directors includes the President and seven past Presidents of' tha, American Bar Association, former Attorney General William P. Rogers, Judge Samuel I. Rosenman, the Deans of the Law Schools of Harvard, Yale, Pennsylvania, and Vanderbilt Universities, and the last past Deans of the Law Schools of the University of Mississippi and the University of Virginia, respectively, the President of the American Bar
-5- Foundation, and other prominent lawyers. (A list of the offi cers, Executive Committee and Board of Directors is attached to this report.) The officers of the Committee meet regularly. The Executive Committee has been meeting at least once a month and the Board of Directors quarterly.
The Committee cannot operate effectively without funds for salaries and office, traveling and other expenses. The Board of Directors felt the Committee should first seek funds from members of the Bar because not until they have shown their interest and confidence can laymen and foundations be expected to contribute. A limited solicitation of,funds from the larger law firms in several of the principal cities has been very suc cessful and it is being continued among smaller firms and more broadly throughout the country. We are confident that there after we will be able to obtain contributions from non-legal sources. To handle the Committee's fund-raising activities the Board of Directors recently established a Finance Committee under the Chairmanship of Davidson Sommers. A letter dated November 15, 1963, has been issued by the Internal Revenue Service stating that the Committee is ex empt from income tax and that contributions to it are deductible for income, estate and gift tax purposes.
-6- III. THE STANDING COMMITTEES
Following the proposals of the Rosenman Subcommittee, referred to at p. 2, the Board of Directors has established six Standing Committees to carry forward the principal activities of the Lawyers' Committee. These Committees, of course, are re sponsible to the Officers and the Board of Directors. The Com mittees and a brief description of their principal areas of ac tivity are as follows:
1. Committee on Cooperation with Bar Associations Cecil E. Burney, Chairman
This Committee will seek to: (1) stimulate local and state Bar Associations to play an active role in their local ities in working on civil rights problems; (2) encourage such associations to establish bi-racial committees which will formu late programs seeking solutions of civil rights problems, in cluding, qf course, the elimination of any discrimination in their own organizations; and (3) help local and state Bar Asso ciations carry out their responsibility to see that all persons in civil rights controversies can obtain competent legal counsel and that lawyers are supported against any criticism or attack because of representation of unpopular clients or causes.
-7- 2. Committee on Mediation and Conciliation Judge Samuel I. Rosenman, Chairman
This Committee will seek to utilize the special skills of its members in negotiating appropriate solutions to civil rights controversies and to bring conflicting parties together in face to face discussions in which differences can be re solved in an atmosphere of understanding and cooperation.
3. Committee on Representation and Advice Judge Bruce Bromley, Chairman
This Committee will seek to encourage local individual lawyers to help in civil rights trials and appeals in those states where assistance is needed and requested. As a general proposition this Committee will not undertake to duplicate or supplement the work which other experienced groups are now doing competently in providing counsel and guidance for individuals whose civil rights are threatened. In important test cases the Committee will try to enlist the help and participation on a volunteer basis of outstanding lawyers of prestige and competence
4. Committee on Research and Briefing William T. Coleman, Jr. John W. Barnum, Co-Chairmen
This Committee will provide research and briefing help for cases selected by the Lawyers' Committee for active support and will also study important legal problems common to pending or potential controversies in this area. This Committee will also provide legal research for other of the standing Committees as may be required.
5. Committee on Relations with other Organizations Morris B. Abram, Chairman
There are many other organizations concerned with civil rights problems. The Standing Committee will establish liaison with such groups, inform them of the lawyers' Commit tee's objectives and views in obtaining compliance with the rules of law and in assuring equal rights to all citizens and advise such groups as appropriate.
6. Committee on Public Information (Chairman to be designated)
This Committee will urge respect for the judiciary, and adherence to the rule of law by all citizens, will speak out to refute irresponsible legal commentary in this field and seek to further public understanding of the judicial and legal processes involved in civil rights controversies. IV. RELATIONSHIP TO THE AMERICAN BAR ASSOCIATION
Before reporting on the activities of the Lawyers' Committee, we should like to discuss our relationship to the American Bar Association. That relationship has been one of close cooperation. Where the American Bar Association has been called on and has been able to act in the area of intergroup relationships, the Lawyers' Committee has refrained from doing so. Following the White House Conference, the then Presi dent of the American Bar Association, Sylvester C. Smith, formed the Association's Special Committee on Civil Rights and Racial Unrest under the chairmanship of Alfred J. Schweppe. Mr. Smith appointed the Co-Chairmen of the Lawyers' Committee, as advisory members of the ABA Special Committee. The Co-Chairmen partici pated in the meetings of the Special Committee and in prepara tion of a report to the House of Delegates which was adopted by the House on August 13, 1963. The Special Committee of the ABA in no way conflicts with the Lawyers' Committee, which is geared to local and na tional action, which can address itself on a continuous basis to civil rights problems and which can act promptly as requir- . ed Walter E. Craig, the President of the American Bar Asso ciation has stated that the Lawyers' Committee is best suited
-10- to take the initiative in helping lawyers carry out their re sponsibilities in this area. Officers of the American Bar Association are engaged in active roles on the Lawyers' Committee. Walter E. Craig serves on our Executive Committee as does Cody Fowler, a past President of the Association. The Board of Directors of the Lawyers' Committee also includes the current President and the following past Presidents of the American Bar Association: Cody Fowler, Harold J. Gallagher, Ross L. Malone, David F. Maxwell, Charles S. Rhyne, Whitney North Seymour, and Sylvester C. Smith. American Bar Association publications have been ex tremely helpful in disseminating information about the Lawyers' Committee and the relationship has been an extremely coopera tive one.
V. ACTIVITIES OF THE LAWYERS' COMMITTEE
The principal activities of the Lawyers' Committee have been in the following areas:
1. Cooperation with State and Local Bar Associations on Civil Rights Problems
Since its inception, the Lawyers' Committee has worked closely with state and local Bar Associations and attempted to
-11- encourage them to work on civil rights problems. This is in keeping with the Committee's policy that wherever possible, solu tions to these problems are best worked out at the local level. The Committee's liaison with state Bar Associations has principally been through the Presidents or past Presidents of some twenty-five state Bar Associations who have joined the Committee. These include Presidents or past Presidents of the state Bar Associations of California, Connecticut, Delaware* Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maryland, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Dakota, Utah, Ver mont, Virginia, West Virginia, Wisconsin and the District of Columbia. Many of those Bar Associations have officially of fered their cooperation to the Committee and formally estab lished liaison with it.
One of the principal activities with respect to Bar Associations thus far has been the relaying of information and the stimulation of ideas for programs in the civil rights area. The Committee has suggested to various officials of state and local Bar Associations that the state and local Bar Associa tions form bi-racial civil rights committees which would speak out against irresponsible criticism of court*s and the judicial process, urge adherence to the rule of law, arrange meetings to relieve tensions, and enlist the aid of their members in
•12- solving problems of school drop-outs and equal employment and recreational opportunities. As of this date a substantial number of Bar Associa tions throughout the country, including California, Illinois, Michigan, Nevada, New Hampshire, New Jersey, New York, Ohio, South Dakota, and others, have formed bi-racial civil rights committees and are addressing themselves to the Solution of civil rights problems. In many of these states the programs adopted have received considerable stimulus and help from mem bers of the Lawyers' Committee and from ideas and information relayed by the Committee. The Committee has started a project which seeks to enlist the aid of state and local Bar Associations in emphasiz ing the application to the civil rights area of one of the most important canon's of the' legal profession: that no fear of public disfavor should restrain lawyers from their duty to represent unpopular clients or causes, in accordance with the standards of their profession. Over ten years ago, the House of Delegates of the American Bar Association affirmed the principle that the Asso ciation will support any lawyer against criticism or attack in connection with the representation of unpopular defendants, and thatthe Association will continue to educate the profes sion and the public on the rights and duties of a lawyer in
-13- representing any client, regardless of the unpopularity of either the client or his!cause. In 1962, and again in 1963, the American Bar Association called upon state and local Bar Associations to implement those principles. It has been the experience of the Lawyers' Committee that the above principles are not being observed in a number of Southern states in civil rights controversies. The unfor tunate fact is that in many communities Negroes cannot obtain white lawyers to represent them in civil rights controversies because a white lawyer who becomes involved in civil rights litigation representing Negroes faces loss of clients, impair ment of social status, public criticism and often threats of physical harm to himself and his family. This is a deplorable state of affairs. The Committee is considering a series of meetings with state and local Bar Associations in those areas where this condition exists to see what solutions can be fashioned and implemented. This program will be handled chiefly by the Standing Committee on Cooperation with Bar Associations under the Chairmanship of Cecil E. Burney, of Corpus Christi, Texas.
2. Mediation and Conciliation
( ,.~\ \ A principal aim of the Committee is preventing racial ^ " ^— strife and violence. When racial strife does occur, the Com mittee's objective is to get it off the streets and into the
•14- conference room where both the participants can sit down to air their views face to face and come to some agreement as to a course of action. The Committee believes that, as a general rule, this is best accomplished when a representative bi-racial committee of community leaders takes the leadership. Experience has dem onstrated that in many instances the establishment and function ing of such committees is extremely useful in restoring order, in clarifying the rights of individuals and in working out ef fective solutions. The Committee can play an especially useful role in forming and guiding such bi-racial committees. By virtue of their special training and experience lawyers have become skilled in the techniques of negotiation, fact-finding and persuasion. By virtue of their prestige they can exercise leadership in the conciliation of differences among their fellow citizens. Many members of the Lawyers' Committee have taken leadership in such bi-racial committees. Thomas D. McBride, as Co-Chairman of the Mayor's Committee in Philadelphia, is an outstanding example. Another example is William Robert Ming, who recently accepted an appointment to the Mayor's Bi-Racial Committee in Chicago, Illinois. Another Committee member, Damon Keith, was appointed Co-Chairman of the newly established 'Civil Rights Commission of Michigan. The Lawyers' Committee
15- communicates with its members who serve on bi-racial committees, receives reports on what is going on in various communities, passes on ideas to other cities, and serves as a clearing house of information and a stimulant for fruitful ideas and programs. In addition to serving with existing bi-racial groups, Committee members in many instances have undertaken to initiate the establishment of local bi-racial committees where no com mittees now exist. This is a particularly important area for many Southern communities. In a number of cities Committee members have taken the initiative in trying to persuade various responsible members of the community to establish a bi-racial committee• Apart from their roles on bi-racial committees in dividual Committee members have been called upon to play the role of mediator or conciliator in civil rights controversies. For example, in Pennsylvania when racial violence threatened to erupt last September i(nJ/Folcroft, Pennsylvania, an officer of the Committee was asked by representatives of the Negro com munity to help re-establish communication between the Negro community and officials of Pennsylvania. As a result of the prompt action taken by him, the Committee was publicly credited with having helped avert serious violence. Committee members have been active in seeking a peaceful solution to the explo sive situations in a number of Southern communities. In these
•16- activities the Committee eschews publicity, preferring to re main in the background wherever possible and leaving public ex pressions to the state and local Bar Associations, or to the in dividual lawyers acting in the particular cases. As the Committee becomes better known it is expected that its members will be called upon with increasing frequency to exercise leadership in mediating and resolving civil rights controversies. The Committee on Mediation and Conciliation, under the Chairmanship of Judge Samuel I. Rosenman will coordin ate activities in this area.
3. Concern with Respect for the Rule of Law and the Orderly Processes of the Courts
Another aspect of the Committee's activities has been to urge respect for the courts and for the rule of law. The Lawyers' Committee has urged members to take the lead in their various communities in securing full public understanding of the judicial and legal procedures involved in civil rights con troversies. Where statements have been made, particularly by public officials or newspapers, which are derogatory to the courts and to the rule of law, Committee members have spoken out to re fute such statements and to urge respect for the judiciary and the law.' As a general rule, the Committee does not issue state ments itself but encourages lawyers to speak out in their own
•17- communities when such issues arise. An example of the kind of forthright and commendable declaration sought to be encouraged is the statement last fall by 53 lawyers of Birmingham, Alabama who called for obedience to court orders regardless of the popu larity of the particular decision. In some instances, where a matter of national atten tion has been involved, the Executive Committee itself has Is sued formal public statements. For example, this was done last fall when Governor Wallace of Alabama defied court orders de segregating schools in Alabama and again this February when the Governor expressed what the officers of the Committee considered to be intemperate criticism of a Federal Judge who has issued a desegregation order. An encouraging development is that lawyers, particu larly officials of state and local Bar Associations, have in increasing numbers, written articles and given addresses urging respect for the rule of law and encouraging lawyers to exercise leadership in seeking solution of civil rights problems,..
4. Liaison with other Organizations
The Committee has been in contact with various organ izations working in the civil rights area, has attempted to in form them of the Lawyers' Committee's objectives and activities. The Committee believes that the various religious, civic, labor,
•18- women's and other groups working on civil rights problems should be made aware of the role lawyers are playing in this area through out the nation. From time to time the Committee is called upon to ad vise some of the national organizations working in the civil rights area. For example, the National Council of Churches of Christ sent a number of ministers to Clarksdale and Hattiesburg, Mississippi, to held enlarge the channels of communication be tween the white and Negro citizens of that community. The Na tional Council asked the Lawyers' Committee to send a lawyer with the National Council's representatives to guide them on legal questions that might arise. J. Robert Lunney of Shearman & Sterling, New York, was requested to handle this assignment and did go to the two Mississippi cities and advised the minis ters during their visit there. It is also of interest that in the absence of other available counsel Mr. Lunney represented two persons who had been arrested during the voter registration activities. The Committee has also tried to act, where feasible, as a liaison between the Government and legal profession, be tween the legal profession and other organizations, and as a clearing house through which lawyers throughout the country re port situations and make suggestions which are transmitted to appropriate persons or agencies.
-19- 5. Representation and Advice in Civil Rights Controversies
We have previously mentioned the Committee's objec tive of getting local and state Bar Associations to insure that defendants, or plaintiffs, in unpopular causes in the civil rights area can obtain competent counsel and that counsel who undertake such representation are not prejudiced or damaged thereby.
While striving toward that end the Committee has used the talent and prestige of its members to encourage individual lawyers to help in civil rights trials and appeals in those communities where assistance is needed and requested. As a general proposition, the Committee has refrained from dupli cating or supplementing the work which other experienced groups are now doing competently. In important test cases, however, on request, the Committee has enlisted the help on a volunteer basis of outstanding lawyers. The Committee also believes that it should intervene, preferably through its local members, in cases involving some interference with a lawyer's right to prac tice law or to protect adequately the interests of his client in a civil rights matter.
Examples of important cases which the Committee de cided merited its attention are the Americus, Georgia, case of
Aelony v. Pace and the Fred Wallace case in Farmville, Virginia,
A brief description of these follows:
•20- (a) The Americus, Georgia, case In September 1963, responsible sources, including the National Council of Churches, advised the Committee that a racial conflict had developed in Americus, Georgia, in which a number of persons were being seriously deprived of civil rights and asked the Committee to investigate. The Committee asked two of its members to visit Americus and to report. As a result of that investigation, the Committee was advised of the following situation:
The City of Americus, Sumter County, Georgia, has been a segregated community which bars Negroes from places of public accommodation, such as restaurants, hotels and the local theatre. This pattern of discrimination extended even to pub licly supported institutions, such as schools and the public library. Despite the fact that Negroes constitute over 50% of the population of Sumter County, no Negro has ever sat on a grand or petit jury. The physical facilities of the county court house, such as seats, washrooms and water fountains are segre gated. Less than 10% of the Negroes of Sumter County who are of voting age are registered to vote. About nine months prior to the investigation, a number of local citizens, both Negro and white, joined together in the Sumter County Movement. One of the major goals of this movement
-21- was the registration of additional Negro voters and the instruc tion of Negro citizens in their civil rights, including the right to vote. Beginning early in 1963, representatives of the Stu dent Non-Violent Coordinating Committee (SNCC) and the Congress of Racial Equality (CORE), came to Americus to assist in the attainment of these objectives. Starting in March, 1963, both SNCC representatives and local Negroes were arrested and peace ful demonstrations protesting discrimination were broken up, often by the use of force. During the months of July and August, 1963, over 300 people were arrested for the alleged violation of various state and local laws. To make the penalties more onerous, an ordinance was passed requiring persons arrested in these demonstrations to pay the cost of their board in the local jails and detention camps. In August 1963, several young men, Negro and white, were arrested and charged with violating the so-called Georgia Insurrection Statute (Section 26-902 of the Code of Georgia), and the Unlawful Assembly Statute (Section 26-5301 of the Code of Georgia). Since Section 26-902 carried a penalty of death, the defendants were held without bail. The Insurrection Statute under which the defendants were imprisoned was held to be unconstitutional by the Supreme Court of the United States as applied in Hernd on .v. Lowry, 301 U.S. 242 (1937), apparently the only reported case in which Georgia
-22- had sought to enforce it. The Unlawful Assembly statute was also unconstitutional and the Supreme Court of the United States had only recently, in Wright v. Georgia, 373 U.S. 384 (1963), reversed a conviction under that statute. Morris B. Abram, one of the lawyers who had made the investigation on behalf of the Lawyers' Committee, was form ally asked by the parents of one of the defendants, Zev Aelony, to represent him. Mr. Abram is a member of the Board of Di rectors of the Lawyers' Committee, was formerly General Counsel of the Peace Corps and practiced in Georgia before joining a New York firm. Since the intervention of the Lawyers' Commit tee had been requested, and since this case involved important legal principles, we asked Mr. Abram if he would undertake the representation and offered to help him as needed. He agreed and entered his appearance on behalf of Aelony together with C. B. King, a Negro member of the Albany, Georgia, Bar who played an active role in defending persons in the Americus arrests. A suit was thereupon instituted in the United States District Court for the Middle District of Georgia on behalf of Aelony seeking to enjoin various officials of the State of Georgia from enforcing or executing the Insurrection and Un lawful Assembly provisions of the Code of the State of Georgia on the ground that such statutes are unconstitutional. The Complaint alleged that the officials of Georgia had arrested and imprisoned Aelony and others under statutes they knew to
-23- be unconstitutional and that they had acted for the purpose of
depriving the persons arrested of rights guaranteed under the
Constitution. One of the officials had admitted in his testi mony that prior to the commencement of the injunction action,
he did not even intend to call Aelony's case to trial and that
if Aelony would leave the state, he would consent to his ad mission to bail and release him from jail.
Hearings were held in the early November of 1963 be
fore a three-judge Court consisting of Judge Elbert P. Tuttle
of the United States Court of Appeals for the Fifth Circuit,
and Judges Lewis R. Morgan, and Judge J. Robert Elliott of the
United States District Court for the Northern and Middle Dis
tricts of Georgia.
Judges Tuttle and Morgan (with Judge Elliott dissent
ing) held that the Georgia Insurrection and Unlawful Assembly
statutes were unconstitutional and void and they enjoined any
further prosecution or detention by virtue of those statutes.
As indicated by the Court in its opinion, proof had been adduced by the plaintiffs in support of their contention
that the remaining prosecutions for violations of other statutes were being conducted "with the intent, and for the purpose of",
depriving them of rights guaranteed under the Constitution of
the United States. However, since the Georgia officials re
quested additional time to prepare and present proof in sup port of their contention that no such intent or purpose exists,
•24- the Court did not restrain proceedings under the remaining Georgia statutes provided that the Georgia officials fixed bonds which would not exceed $500 for each misdemeanor charged and $1,000 for each felony charged. The action of the Federal Court in enjoining state of ficials from illegal criminal prosecutions was a landmark de cision and should be extremely useful in combatting any similar illegal action by officials elsewhere.
(b) The Fred Wallace case Fred Wallace, a Negro graduate of Amherst, now in his third year at the Harvard Law School, had spent the summer work ing in the law office of two Negro attorneys in Richmond, Vir ginia. His duties carried him to Farmville, the county seat of Prince Edward County. The day had been one of unrest, since there had been demonstrations in the town. The student had occasion to go to the Courthouse to deliver a message to the attorney for whom he was working, who was meeting with a Judge on the third floor. This was on a Sunday. As he was going from the second to the third floor he was stopped by a police official who questioned his presence in the Courthouse. From there, the stories differ widely. It is clear, however, that in due course Wallace found himself on the floor of the Sheriff's office, held by a number of police officers
-25- ostensibly in order to search him. One of the officers testi fied that in the scuffle which ensued, blood'was drawn from his finger and he was kicked in the leg. This altercation in the Sheriff's office was the basis for charging Wallace with the felony of wounding "with the intent to maim, disfigure, 'disable, or kill". A person convicted of this felony is subject to im prisonment for not less than three nor more than twenty years. There were also misdemeanor charges. The Lawyers' Committee was asked to help Wallace ob tain a white lawyer in Virginia. After consultation with some of the Virginia members of the Lawyers' Committee, and after discussing the case with Wallace's Negro counsel, one of the Co-Chairmen of the Lawyers' Committee called upon George Edward Allen, Sr., a former President of the Richmond Bar Association. Mr. Allen undertook to represent Wallace without fee. The case involves many important legal issues includ ing such matters as the right of removal to a federal court, the exclusion of Negroes and women from juries in Prince Edward County, the right to resist an unlawful order by police offi cials, the effect of the inability of Wallace to obtain local counsel, and other issues of significance. The case is present ly awaiting trial. These cases are illustrative. Each case in which the Lawyers' Committee has played a role has involved important
-26- legal issues in the civil rights area. Each request has been carefully reviewed and a Committee on Representation and Advice under the Chairmanship of Judge Bruce Bromley has been estab lished to carry out the Committee's activities in this area, with the help of the Committee on Research and Briefing under the Co-Chairmanship of William T. Coleman, Jr. and John W. Barnum
CONCLUSION
The description of the Lawyers' Committee's activities in this Report, of course, is not all-inclusive. There are numerous special situations throughout the nation, often of a confidential nature, where the abilities of the Committee and its members have been utilized to help obtain adherence to the law, avoid rioting, protect civil rights, and bring about peace ful solution of controversies. The essential point is that the Committee, in all of its activities, has sought to develop a program which will serve to enable the organized Bar and indi vidual lawyers to exercise responsibility and leadership in this vital area.
-27- \ y -• ib.\ t ii, ii^rii .Of'EY of the :>'i , :. A lot of the point* thftt I as. asking are nH better In the following two articles, and I would like everyone reading this report to ale© reed: "Judicial rerforaanee in the Fifth Circuit**, Yale .Law Journal, ( hovombor, »f*J and "Justice Kith A Southern Accent", Barker'«« March 1J64. <1> LAWTCT8 We have next to no lawyers to defend MB righta in Mississippi* There are no white lawyers and efl&f threw ?*e*»r© lawyere t« t w. 11 handle civil rights cases. Those Kegr© attorneys are just aiomi totally over burdened. ©ut-of-etats lawyere are mnemilj barred frost psact , inc uding the federal district ourts* Tho present lerai aet-ut? ia inade quate even to defend us from violations of our civil rights* What is needed is not only an sssqveto defense - but offensive action. So we request tfts bringing of lawyers lata the stato to both aid in the defense of civil righti workers and Negroes and sore importantly to bring offensive, aggressive and injunctive suite. There is needed In addition a enplete federal library, ree.eerc.ier, and at least one full time lswyer. The above would be tne -sinimurs needed to MWitWfl this aggressive *tion we aro requesting. Wo I also n'? d lawyers to be available to be on call of a oriels situation. There are mmm other at'-.ornoys indicating interest in being on call, but we have sever had enough. Any lawyer thet Is either flllf to work in the stats full time or ®e on call Msl be familiar with the context is wfcfs he is operating. So there Is need for a special progrst to train lawyers in the Mississippi Code and procedure and the needs of the civil rigats movement. The civil rights defendants are going to demand that their lawyere be aggressive, know bow to appeal, know the civil rights orgonisatlone* position each a« not to plead guilty, MM* realise tho maneuvers of courtroom and courthouse oesegregstuan, and must not bo either subservient or appear to be -aore in sympathy with the local power structure than with the civil rights workers. (2) JUDOfca Tho present pattern and practice in Southern judicial appoint ments is intolerable. Me recon-.-.ena that this Committee eubnit to tho American »er As&ociatioa atandards for judging which w uld include tho judge's position on civil riprnts and on enforcing distasteful higher court mandates. Mo also request that this Committee investigate the ad sinistra* ti »n of justice ia Mississippi and the raat of the South in particular including consideration ot the delays and refusal to follow — dstM in the federal district courts and to may© rosomsrsndations both to he Supremo Court and to the Fifth Circuit Judical Council* <3> *^I.V-:ID8 OF LASERS Ko request that this Committee petition the Bupram* Court to make a rule granting ail lawyere adsl«st— to all federal courts who aro admitted before any federal court in civil rights cause* tf© request this Coxsitte© to investigate,/raport, and try to correct the unc n&titutimally administered federal programs in the South and particularly Mississippi. These include aid to cr-oole, stato and welfare programs, health departments, public facilities in reneral and retraining programs and in all of the federal programing* .'-pecificslly, the iDeecutive Branch should be requested to stop all financial support or connection with racially dlaerirainstory programs. (J) g%Haa 8. Muater ^orey 88CG Field Secretary 101? Lynch Street iMkSMf HlSslssi;- i 352-9605 ( Lawyers' Committee For Civil Rights Under Law August 2, 196k Mr. Hunter Morey COFO 1017 Lynch Street Jackson, Mississippi Dear Hunter: I am sorry not to have got a list of the attorneys whom I contacted to you sooner. (The photostating machine broke down in Jackson.) The enclosed is a copy of my entire report. It covers not only attorneys but also trade unionists. It occurred to me, however, that other people in your shop might find useful that which is not relevant to you. Fraternally, Patricia Eames PE/klw Enclosure y ' 'Aj t* :. 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