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United States V. Mcleod

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United States V. Mcleod IN THE United States Court of Appeals FOR THE FIFTH CIRCUIT NO. 21477 UNITED STATES OF AMERICA, Appellant, versus DALLAS COUNTY, ET AL, Appellees. Appeal from the United States District Court for the Southern District of Alabama. RECORD ON APPEAL U.S. COURT OF APPEALS RECEIVED AND FILED APR 24 1964 EDWARD W. WADSWORTH CLERK i INDEX Page Nanceof Court, Style of Cause, etc ................................................. 1 Complaint-------------------------------------- --------- ------------------------------------------------------------- 3 Notice of Motion and Motion for a Preliminary Injunction................................................................................................... 10 Application for an Order to Show Cause and TemporaryRestraining Order .................................................. 11 Order dated June 26, 1963, denying Plaintiff's Motion for a Temporary Restraining Order .................. 74 Motion of Defendants, Separately and Severally, to Dismiss the complaint .................................... 74 Motion of Dallas County to Dismiss it as a PartyDefendant .................................................................................... 83 Transcript of Proceedings before Honorable Daniel H. Thomas at Selma, Alabama, on July 25, 1963 ............ 84 Orderfiled September 30, 1963 ...................................................... 311 Transcript of Proceedings had before Honorable Daniel H. Thomas at Selma, Alabama, on October 15, 1963 317 ii 1 INDEX—Continued TRANSCRIPT OF RECORD Page Witnesses: United States Court of Appeals EdwardW. Mullen .............................................................................. 318 FIFTH CIRCUIT RozeneRogers ....................................................................................... 338 ClaraBell Smith .............................................................................. 349 UNITED STATES OF AMERICA, Appellant, AlexanderBrown ................................................................................. 367 VERSUS SolomonS. Seay, Jr . ........................................................................ 372 ....................................................................................... 379 MaxineRuffin DALLAS COUNTY: JAMES G. CLARK, JR., EthelyneJones Nettles ..................................................................... 385 Sheriff of Dallas County, Alabama; BLANCHARD McLEOD, Circuit Solicitor of the Fourth Judicial JamesClark ............................................................................................. 394 District of Alabama; 400 ,v-Marie Foster .......................................................................................... Appellees. AmeliaBoynton .................................................................................... 404 Appeal from the United States District Court for the ... ...................................................................................... 411 PettusGilford Southern District of Alabama. EdwinM. Moss .................................................................................... 415 Name of Court. ClaughtonMelvin Porter .................................................................. 419 UNITED STATES DISTRICT COURT. FatherMaurice Oullett .................................................................. 424 SOUTHERN DISTRICT OF ALABAMA. i'' Order filed October 22, 1963 .................................................................. 437 Opinionfiled March 19, 1964 ............................................................ 438 Style of Cause. Orderfiled March 19, 1964 .................................................................. 447 UNITED STATES OF AMERICA, Plaintiff, Appeal ............................................................................................. 448 Noticeof VERSUS D COI gnati ono f Contents of Record on Ap peal ------------- 449 DALLAS COUNTY: JAMES G. CLARK, JR., Appellant's Designation of Portions of Record Sheriff of Dallas County, Alabama; BLANCHARD tobe Printed ............................................................. 451 McLEOD, Circuit Solicitor of the Fourth Judicial Appellant's Amended Designation of Portions District of Alabama ofRecord to be Printed ..................................... 455 Defendants. 3 CIVIL ACTION FILE NO. 3064-63. Thomas G. Gayle, Selma, Alabama Suit for Preliminary and Permanent Injunction Enjoining W. McLean Pitts Defendants from Intimidating, Threatening, Coercing, or At- Post Office Box 722 tempting to Intimidate, Threaten, or Coerce any Person for Selma, Alabama the Purpose of Interfering with the Right of that Person or any other Person to become Registered to Vote and Vote in Dallas (Caption Omitted) County, Alabama, etc., on Account of Race or Color. COMPLAINT ATTORNEYS FOR APPELLANT: Plaintiff, United States of America, alleges that: Burke Marshall Assistant Attorney General 1. This action is brought under 42 U.S.C. 1971 (a), United States Department of Justice (b) and(c). Washington, D. C. 2. This Court has jurisdiction of this action pursuant to John Doar, Attorney 42 U.S.C. 1971 (d) and pursuant to 28 U.S.C. 1345. United States Department of Justice Washington, D. C. 3. Dallas County is a political and geographic subdi- vision of the State of Alabama and is organized and is existing Vernol R. Jansen, under the laws of that State. United States Attorney Federal Building 4. James G. Clark, Jr., is the sheriff of Dallas County, Mobile, Alabama Alabama and as such is authorized to enforce the laws of Ala- bama within Dallas County. He resides in Dallas County. ATTORNEYS FOR APPELLEES: 5. Blanchard McLeod is the Circuit Solicitor of the Richmond M. Flowers, Attorney Fourth Judicial District of Alabama which includes Dallas General, State of Alabama County and as such is authorized to prosecute violations of the Montgomery, Alabama laws of Alabama occurring within Dallas County. He resides in Camden, Alabama, which is in Wilcox County, Alabama. Gordon Madison, Assistant Attorney General, State of Alabama 6. Henry Reese is the County Solicitor of Dallas County, Montgomery, Alabama Alabama and as such is authorized to prosecute violations of 4 6i the laws of Alabama occurring within Dallas County. He re- non-violent means, to Dallas County to assist the local voters' sides in Dallas County. league in their efforts to encourage and assist Dallas County Negroes in becoming registered voters. 7. Under Alabama law, registration for voting is a pre- requisite for voting in any election, including voting for any 11. Pursuant to this request on February 10, 1963, Ber- candidate for the office of President, Vice President, Presiden- nard Lafayette came to Dallas County and with the local voters' tial elector, Member of the. Senate and Member of the House league set up a program designed to encourage and assist Dallas of Representatives of the United States. County Negroes in becoming registered voters. This program included the establishment of classes or voter clinics in which 8. There are approximately 14,400 white persons and local Negroes are instructed as to the procedures for register- 15,115 Negroes of voting age residing in Dallas County. Of ing to vote, the holding of mass meetings to encourage interest these, approximately 9,000 white persons and 250 Negroes are in voter registration, the distribution of leaflets and other ma- registered to vote. terials to Dallas County Negroes announcing these voter reg- istration activities; and the keeping of records on the progress 9. On April 13, 1961, the United States filed an action of registration of Negroes in Dallas County. under 42 U.S.C. 1971 against the registrar of voters in Dallas County claiming that the defendants, in administration of the 12. As a result of the interest generated by the activities registration in Dallas County, had discriminated against Negro of the SNCC workers and the local voter league, approximately citizens. On November 15, 1962, this Court entered its findings 90 Negro citizens have attended the voter clinics since January and conclusions and found that since January 1, 1952 and De- 29, 1963, and 400-500 Negro citizens attended each of the two cember, 1960, the registrar of voters in Dallas County had mass meetings held May 14 and June 17, 1963. These meetings rejected for registration many qualified Negroes. United States were held in local Negro churches, all of which activity re- v. Atkins, Civil Action No. 2584. It was further found that the sulted in many Negro citizens attempting to register to vote in new board of registrars had not engaged in discriminatory Dallas County. conduct. An appeal is presently pending in the United States Court of Appeals for the Fifth Circuit. 13. The registration activities described in paragraphs hand 12 were known to the defendants. The massmeeting 10. Early in 1963, members of the Dallas County Voters of May 14 was widely publicized in the local press and agents League, a local organization of Dallas County Negroes whose of defendant Clark observed both of the meetings and were purpose is to encourage and assist Negro citizens of Dallas stationed inside and outside the churches during the meetings. County to become registered voters, invited Bernard Lafayette, Jr., a field Secretary for the Student Non-violent Coordinating 14. On the afternoon of June 17, 1963 Bosie Reese, a Committee( hereafter referred to as SNCC), an organization young local Negro and Alexander L. Brown another Negro whose purpose is to improve the status of Negro
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