United States District Court Southern District of Mississippi

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI

RULE

It is ordered that the following be and the same

is hereby adopted and promulgated as a rule of Court:

In all civil actions hereafter filed in the Dis

trict Court of the United States for the Southern

District of Mississippi, where a party appears by

attorney, each complaint, answer, motion, application

or other pleading on behalf of the parties so appearing

by attorney shall besigned bv at least one attorney of

record, resident of the State of Mississippi and admitt-

ed to practice in this Court. In all cases where, under

the Federal Rules of Civil Procedure, service is required or permitted to be made upon a party represented by an attorney, such service shall be made upon the resident attorney of record.

Bated March 6, 1940 /s/ S. C. Mize U. S, District Judge ( ( J

Dear Sir: This is one of a continuing series of reports we are issuing on Mississippi. The situation in Mississippi is serious, and we feel these reports require your careful attention. We also need your help. Whenever possible, these reports should be duplicated for distribution to local press, radio and television stations, government officials, church groups, businessmen's organizations, college political groups, and even personal friends. In certain Instances, more specific help will be needed. Many of these reports will deal with particular situations, sometimes emergency situations, in which specific aid will be needed — requesting action from government officials, contacting legal firms, helping ar range for bail money, or even for food and clothing. Some times it will be apparent what actions are needed. Sometimes it will be advisable to contact our office directly. Hope fully, through these reports, the realization will grow that poverty and danger are the constant factors in Mississippi -- and that FREEDOM cannot come without your help. The Council of Federated Organizations COFO 1017 Lynch Street Jackson, Mississippi 352-9605

NB: This report requires especially careful attention. The pro gram of the Freedom Democratic Party has many parts, and it is important to understand how these various activities fit together. It is even more important to realize that these campaigns are not simply four more political campaigns in a year of politics. They are the focus for what Is in fact a revolution -•- the struggle for political and economic freedom by the Negroes of Mississippi, and by extension of Negroes throughout the South. These candidates are running not only for national office, but to lead their people in a difficult and lengthy struggle on the local and regional level. As the report on harrassment of Rev. Cameron indicates, this pro gram will not be easy to accomplish and will not be free from actual physical danger for the individuals involved. The needs of these candidates are almost unlimited. They need first and foremost national publicity, so that the effort they are under taking will not go unnoticed. COFO will be happy to supply more detailed information concerning the candidates, to arrange inter views, or to help members of the press, radio, and television to accompany the candidates in their campaigns. The campaigns, as well as all other phases of the COFO political program, need ma terial support from national church, civil rights, and political affairs organizations. But beyond all this there is a more basic need. The candidates, and those who work with them, need Freedom .-••• Freedom to live and work and campaign as people live and work and campaign in other parts of the country. Ultimately, this is the responsibility of the entire nation. Only through the concern and'actions of national political and judicial officials can Free dom be ensured. FREEDOM CANDIDATES MISSISSIPPI

For the first time in this century, four Negroes are candidates for national office from Mississippi. One is a candidate for the Senate and three for the House of Repre sentatives . The four campaigns are being coordinated under the auspices of the Council of Federated Organizations (COFO), an umbrella rivil rights organization in Mississippi com prising the Student Non-Violent Coordinating Committee (SNCC), CORE, the Southern Christian Leadership Conference (SCLC), and the NAACP. All four candidates are entered in the regular Dem ocratic primary in Mississippi to be held June 2. They are running on what is be called the FREEDOM DEMOCRATIC PARTY. If they are defeated in the Democratic party, they will be able to continue their campaigns as Independents in the General Election in November. The candidacy of the Freedom Candidates is a direct challenge to the lily-white one-party political structure of the state. Only 28,000 or 6.6^ of Mississippi's 422,000 Negroes of voting age have been registered to vote. 525,000 whites are registered voters. All the Freedom Candidates will make Negro voting rights one of the basic issues of their campaigns. The campaigns themselves will serve as the focus for Voter Reg istration activities by COFO during the coming months. For those not allowed to register on the official books, there will be a separate program: FREEDOM REGISTRATION. The Freedom Democratic Party has set up its own unofficial voter registration books for the purpose of registering as many as possible of Mississippi's 400,000 disenfranchised Negroes. These books, known as Freedom Registration Books, will be managed by Freedom Registrars appointed by COFO In every county. The Freedom Registrars will have the power to ap point deputy registrars to aid them in covering the county to provide every Negro with the opportunity to register to vote . Freedom Registration has several purposes. First, it will serve as a mechanism through which Negroes can organ ize across the state. Secondly, it will be the focus of attempts to get Negroes registered on the official county books. Thirdly, Freedom Registration will form the basis for FREEDOM ELECTIONS to be held at the same time as the official ( ( c

elections in June and November. In the Freedom Elections, the only qualifications will be that voters are 21 or over., residents of the state, and registered on the Freedom Reg istration Books before the election. Whites as well as Negroes will !.be allowed to vote. Democratic and Republican candidates will be listed together with Freedom Democratic Candidates. Through Freedom Registration and the Freedom Elections, it will be made clear that thousands of Negroes who are de nied the right to vote in the official elections would do so if they could. On this basis, the seating of successful Re publican and Democratic candidates will be challenged In Congress and in the Federal Courts on the grounds that a significant portion of the voting-age population has been denied the right to vote because of color or race. Thus, the Freedom Candidates will serve not only to bring the issues to the people of Mississippi, dramatize voter discrimination, and the atmosphere of harrassment and resis tance by the official state apparatus, but will serve as a ba sis for challenging the rights of the incumbents to assume their seats in Congress. As a further part of its political program, the Freedom Democratic Party will send a FREEDOM DEMOCRATIC DELEGATION to the National Democratic Convention at Atlantic City in August. The Freedom Candidates will serve as the titular heads of the Freedom Democratic Delegation. Other delegates will be chosen through a series of meetings on the precinct, county, district, and state levels just, as in the regular Mississippi Democratic Party. Unlike the regular party machinery, however, which is all-white, exclusive, and often dominated by White Citizens Council members, Freedom Delegates will be chosen in open meetings in which all registered voters (whether official or Freedom registered), Negores and whites alike, will be al lowed to participate. At the National Convention, the Freedom Democratic Del egation will attempt to have the Regular Democratic Delegation unseated and the Freedom Delegation seated in its place. It will do this on the grounds that the Regular Democratic Del egation was chosen by undemocratic means and that the Dem ocratic Party of Mississippi has been disloyal to the National Democratic Party. The Regular Mississippi Democratic Party split with the National Democratic Party in i960. It did not support the National Democratic Ticket selected by the National Con vention: John F. Kennedy and Lyndon B. Johnson. It also ..refused to support, the platform adopted by the National < ( ' c

Convention. The Regular Mississippi Democratic Party can didates in the gubernatorial race of 1963 told the voters : that the Mississippi Democratic Party stands for white su premacy and against Negro voting power. The principles of the National Democratic Party make it clear that a State party which behaves in the manner of the Mississippi Dem ocratic Party stands in violation of National Party policy. This is sufficient grounds, according to National Democratic Party rules, to. withdraw recognition of the State party. The Freedom Democratic Delegation will be pledged to support the National Democratic Ticket anTTbe National Dem ocratic Platform chosen at the National Democratic Conven tion -- as well as being pledged to work for the full and equal rights of all Americans.

FREEDOM CANDIDATES: Below are brief biographical sketches and campaigning programs for the four Freedom Candidates. MRS. FANNIE LOU HAMER --- running in the 2nd Congres sional listrict against Rep. Jamie Whitten, Chairman of the House Appropriations Sub-Committee on Agriculture. Mrs. Hamer, 47, comes from Sunflower County, the home of James Eastland, where Negroes are 69$ of the population. She Is the wife of Perry Hamer, a cotton gin worker in Rule- ville. Until I962, the Harriers had lived for 16 years on a plantation four miles from Ruleville. On August 31 of that year, the day Mrs. Hamer registered to vote, they were told the$ would have to leave the plantation.immediately. Mrs. Hamer began working.with the Student Non-Violent Coordinating Committee in December 1962 and has been one of the most active workers in the state on Voter Registration. On June 9, 1963, while returning from a SNCC workshop, she was arrested in Winona, Miss., and brutally beaten with a blackjack while in jail. Mrs. Hamer opened her campaign in Ruleville on March 21. She hopes to use her campaign to ar ticulate the grievances of Mississippi's Negroes, particularly in the cotton-rich Delta, the 2nd Congressional District, where Negroes are a clear majority (59$) of the population. Mrs. Hamer constantly tells her audiences that she is only saying "what you have been thinking all along." But Mrs. Hamer plans to direct her campaign to whites as well as Negroes. It is her thesis that all Mlssisslppians, white and Negro alike, are victims of the all-white, one-party power structure of the state. In her campaign, she explains how Jamie Whitten, from his position on the House Appropria tions Sub-Committee on Agriculture, killed a bill to train 2400 tractor drivers. Six hundred of those to be trained were white. Mrs. Hamer Is presently ill in Ruleville (the nearest.doc tor Is 10 miles away). Her condition is provoked and made more serious by after effects of the 1963 beating, from which she has never fully recovered. JAMES MONROE HOUSTON candidate from the 3rd Congres sional District against Robert Bell Williams, second in command on the interstate and Foreign Commerce Committee. Mr. Houston, 74 years old, is a retired machinist from Vicksburg, member of the NAACP for over 20 years. He was ar- ;' rested In 1934 for participation in a rural district meeting called to discuss the new Roosevelt programs. He was arrested again in Jackson in 1963 while attempting to march from a Meth odist church to City Hall. In his opening campaign speech in Vicksburg on April 5, Mr. Houston told a crowd of 200-300 peo ple 'that he would use his campaign to show what conditions for Negroes in Mississippi are really like. He claimed active sup port in all fourteen of the 3rd District's counties and said that he would represent all the people in the District If elec ted. For this reason, he said, his election would restore honor and dignity to the state of Mississippi. REV. JOHN E. CAMERON --- candidate for the seat of Willian Meyers Colmer, second in command of the House Rules Committee, from the 5th Congressional District. Rev. Cameron, 31, opened his campaign in Hattiesburg on March 26, addressing an audience of approximately 200 from the back of an open truck. His campaign will stres jobs, education, and citizenship rights for Negroes. In Biloxi, on April 4, Rev. Cameron called on both state and federal governments to provide training for unskilled laborers so that they may qual ify for fulltime and rewarding employment. He stressed the importance of a candidate running in the 5th Congressional Dis trict who would represent the entire population of the district, rather than only one racial group. Rev. Cameron is a former President of the National Baptist Student Union (1954-55), and holds a B.S. degree from Rust Col lege and a Bachelor of Theology from American Baptist Theologicr Seminary. He Is a member of the NAACF and a Fi'iend of SNCC. On April 4, Rev. Cam^r^n was refused entrance to a public forum in Hat ties bur** nnie&s he agreed to sit in a section reser- for Negroes. ' "vnite minister with Rev. Cameron was threatened with arre^' 'J~0r attempting to discuss the matter with the Chair man ' ,'ie forum- At present, Rev. Cameron is in jail, one of ... people arrested in Hattiesburg April 9-10 under Mississippi1, new.anti-picketing law. • T u o?RS' VICT°RIA JACKSON GRAY --- candidate for Senate again?, donn Stennis. Mrs. Gray, 37, of Hattiesburg, is the mother of i.nree children. She was one of the first Negroes to register i: iiorrest County, xvhere Registrar Theron C. Lynn is under Federal inaictment for refusing to register Negroes on an equal basis w whites. In Mr>C! n an opening campaign statement given to the press April Mrs Gray stressed that "Unemployment, Automation, Inadequate Housing, Health Care, Education, and Rural Development are the real issues In Mississippi, not 'States Rights' or 'Federal En croachment'." Mrs. Gray's own emphasis during the campaign wil" be on the problems of education faced by Negroes In the state. April 12, 1964 ( ( • (( •

SEGREGATION, HARASSMENT, AND ARREST FOR NEGRO CONGRESSIONAL CANDIDATE Rev. John E. Cameron is the first Negro to run for Congress in Mississipp; 5th Congressional District since Reconstruction. In attempting to play a full civic role in his own community of Hattiesburg, Rev. Cameron has had to face: SEGREGATION: On April 4, Rev. Cameron tried to attend a public legislative forum. The forum was originally scheduled for an unsegregated courtroom in the annex of the Forrest County Courthouse. After Rev. Cameron and a secre tary and two white ministers accompanying him were seated, however, the chairman of the forum entered and said that the forum was too crowded and would be moved to the main courtroom in the Courthouse. The main court room is segregated. When Rev. Cameron and his party attempted to enter the second hall, they were barred from the floor of the courtroom and told that they must sit In the balcony. Rev. Cameron refused to accept this segregated seat ing, and asked to see the chairman of the forum. The chairman refused tc come out to see Rev. Cameron or to allow the latter to come in to see hin When one of the white ministers went in to talk with the chairman, he was threatened with arrest if he did not either sid down Immediately or leave Rev. Cameron said: "I refuse to go upstairs and segregate myself from the other members of this public legislative forum," and left the Courthouse. HARRASSMENT: Rev. Cameron is constantly followed by police cars as he moves arour Hattiesburg. This harrassment intimidates Negroes whom Rev. Cameron trie to approach in his Congressional campaign. On the night of April 3, Rev. Cameron was stopped by Officer Hill of the Hattiesburg Police Department. The first thing the officer said was, "I hope you don't have your license." Rev. Cameron replied that he was sure the officer hoped for this, but that he was not so foolish as to be that careless in Hattiesburg. The officer let him go. ARREST: Since January 22, 1964, Hattiesburg Negroes had maintained a picket line at the Forrest County Courthouse as part of a campaign for voting rights. Late in the afternoon on April 9th they were told they could no longer picket, and when they returned on the morning of April 10 police arrested 43 picketers. Rev. C meron and 7 white ministers from various Northern states were among those arrested. The picketers were arrested under a new anti- picketing law pushed through the Mississippi legislature to combat picketing activities in such places as Hattiesburg. The picketers have been peaceful and they have accepted a limited area at the Courthouse in which to picket. Moreover, their cause is just -•• Forrest County Registrar, Theron C. Lyn: is under Federal indictment for refusing to register Negroes. Though the Constitution guarantees the right to peaceful demonstration and the right of all citizens to vote, even a candidate for Congress can be arrested for asserting these rights if he is a Negro in Hattiesburg, Mississippi. April 20, 196U

Ben Smith 1006 Baronne Bldg. 305 Baronne St. New Orleans, La.

Dear Ben,

I'm sure you've heard something about the plan of the Cofo folks to challenge the seating of the -white delegation from Mississippi at the National Demo Convention, We're sort of coordinating parts of the program from here in Atlanta.

"ere's why I'm writing you* S0me have suggested there might be a form of legal action which could be brough against the Convention if the credentials committee seats *he white delegation, and a floor challenge is unsuccessful. There's some question in my mind about the extent to which fedeaal law and constitution apply to the doings of the convention, though I recall the federal courts ruling on the propriety of liwingjttit elector pledging in I960, (This is peripheral, though, to convention doings, at best, isn't it ?)

What is your opinion about the possibility of legal action aetion against the convention—x±kkCE whatever the probability of success ? If you think there's a possibility, could you give us an idea what kind of action it would be and what kinds of data would be required to support it ? If there's any possibility of this kind of followHip to the seating challenge, we don't want to be caught short of documentation. Obviously, there'd not be much time for research, etc., between the failure in the credentials committee and/or the failure of the floor challenge and the end of the convention.

If you haaen't time to look into all this, can you suggest someone who could, and would you give us your opinion about the tactical propriety of such a move anyjtow ?

My best regards to Bruce and Jack, et,

Jack Minnis Student Nonoiolent Coordinating Committee

6 Raymond Street, N.W. 688-0331 Atlanta 14, Georgia

April 22, 1964

Dear Mr. Smith: Ihe enclosed Proposal concerning cooperation between the labor movement and the civil rights movement grew out of a meeting I had with Mr. Philip Sipser a labor attorney in New York city. He suggested I draw up a proposal which he could 4ake to the International Brotherhood of Teamsters. I have tried not to appeal to any particular union but keep it in general terms so that in the event that the teamsters find they are not interested it could then be presented to another union. T"e are currently attempting to develop a comprehensive educational program which Billy Stafford, the person who will give this to you, ean tell you more about. Much of that program could be underwritten within this proposal. I have asked both yourself and Myles Horton of the Highlander Folk Center to comment before I present it to Mr. Sipser. 1 woxjld especially like you to give close attention to the actual proposals on page 3 and ways that they could be made more specific. In a short time L will be leaving for New York ^ity to help Miss -^lla Baker set up an office for the Freedom Democratic ^arty which will attempt to unseat the regular delegation to the democratic national convention this summer so would you please send your comments to my home address. (308 west 88 st. "TYC, N.Y. 1002l|) It is not necessary that you return the proposal.

Sincerely,

\Jne Ulan, (Jne Uott *> WEISMAN & WEISMAN ATTORNEYS AT LAW AS LEAVENWORTH STREET

HERMAN J. WEISMAN WATERBURY 2, CONNECTICUT AREA COD E E03 I909- 1961 754- 2105

H.JOHN WEI 5MAN April 28, 1964 FRED B. ROS NICK PETER MARCUSE

NORMAN SDRUBNER

Mr. Benjamin E. Smith Whitney Building New Orleans, Louisiana

Dear Mr. Smith:

Your name has been mentioned to me by a number of people in New York, including particularly Mel Wulf of the American Civil Liberties Union, as one of the most courageous and most knowledgeable lawyers on the civil rights battle front in the South. I have been talking to Mel and others about participating in the joint program that is being set up to use lawyers in the South, and in particular in Mississippi, this Summer, and I expect to spend two weeks there at the end of July and the first week in August.

I am writing to you at this time because I expect to have to be in Biloxi, Mississippi on a business matter on May 8, 1964, and I would like to use the opportunity to stop over in New Orleans and meet you and learn a little more about the situation at first hand. I do not yet know what my plane schedule will be, but I wonder if you might be able to spare an hour or so of your time on Thursday, May 7, 1964, in the afternoon or evening? If there is anyone else that you think I might profitably spend a little time with in the same connection while I am there, I would also appreciate your letting me know.

I hope your schedule on that day permits us to get together, if only briefly, and I shall look forward to meeting you personally with great pleasure.

Very truly yours,

WEISMAN & WEI3-1 AN

tO-^^U^yc Peter Marcuse ffi :ek m TLE COLLEGE CHURCH A • of • ZTfU D CQwemowt u CotQgvs u

CLAREMONT UNIVERSITY COLLEGE ' CLAREMONT MEN'S COLLEGE HARVEY MUDD COLLEGE • POMONA COLLEGE • SCRIPPS COLLEGE

April 29, 1964

Mr. Ben Smith 1006 Baronne Building 305 Baronne Street New Orleans 12, Louisiana

Dear Ben:

Ever since I got back from Hattiesburg I have been meaning to get a note off to you. I wanted to say again how much I personally enjoyed meeting you and how much all of us appreciated your professional help. I judge from a telephone conversation with John Cameron last night that you are still deeply involved in the situation with the Hattiesburg project. We shall all be eager to hear whatever news there is from there.

I hope that our paths will cross again one day. If there is ever any chance of you "being in this area, we should be delighted to have you visit Claremont. There will always be a place for you in our guest house. We shall be gone, on sabbatical, from July 1964 until August I965; but before then and after we expect to be here.

Thank you again for your help.

E. C. Reckard Chaplain of The Claremont Colleges

ECR:mr

McALISTER CENTER FOR RELIGIOUS ACTIVITIES • CLAREMONT, CALIFORNIA • NATIONAL 6-8511. EXTENSION 2938 Student Nonviolent Coordinating Committee

6 Raymond Street, N.W. Atlanta 14, Georgia

May 12, 1964

Dear Ben,

I haven't been able to reach the Mississippi staff on the confiscation of Freedom School books because everyone is in a staff meeting in Greenville. I did think you'd be interested in the enclosed article however.

Will send along anything more I find.

One Man * One Vote

Nancy Stearns (

C.O.F.O. 1011 i-ynck S+. JicKiOfij 01 I'SS. Dear Mr. Smith, ' ' 7 A group of us were arrested again - this time in Belzoni. We were kept overnight on "suspicion of burglary." We had been driving from a staff meeting in Greenville, and our car broke down.

I believe that the State of Mississippi is experimenting with arresting civil rights worker! on "suspicion" of various crimes, and with not charging them with any crime. At all three towns - Oxfprd, Holly Springs, and Belzoni, there were special men from the State who seemed to be telling the local sheriffs what to do. I think this pattern will be followed all summer. At this time, do you think there are grounds for filing a personal suit against the local sheriffs, or the State of Kisslssippi? Do you think we could obtain an injunction pertaining to all civil rights workers?

I am sure that my identification and car are known by police throu^out the State, It is very difficult to move about.

F.B.I, agents interviewed us yesterday, at the request of the Justice Department. They just asked us about Belzoni, and refused to begin an investigation of Oxford ana Holly Springs, They said that they would need another request from the Justice Department. SwCC is taking steps to get the JoD, to issue such a directive.

iihclosed please find: affidavits about the three arrests, andxa fcfcfc some points that I feel are illustrated by the affidavits.

Thank you very much. I will be at: Rust College, Holly Springs, Kiss. I can be reached c/o Raymond Davis. The phone maaber is; 9169.

Sincerely yours, fi^Jo-t>»w

copy sent to: Attorney Harry Levitan -i

KUNSTLER KUNSTLER 6c KINOY ATTORNEYS AT LAW 511 FIFTH AVENUE NEW YORK, N. Y, IOOI7

MURRAY HILL 2 - 8 3 I 7 WILLIAM M.KUNSTLER CABLE AOL1RL5S MICHAEL J. KUNSTLER "RANDKLL' " ARTHUR KINOr

June 17, 1964

Philip Hirshkop, Esq., c/o Council of ^derated Organizations, 1017 Lynch Street, Jackson, Mississippi Dear Phil: I am enclosing the original petitions for removal in two cases to be filed with the clerk of the district court. I am sending copies to Jess Brown and Ben and Bruce as well Hunter Morey. I am also enclosing copies with notice to be served on Jack Travis, the prosecutor, and the clerk of the Municipal Court. As a precaution, I have mailed copies to the last two already but service personally should be made immediately after filine. When you receive these papers contact Jess Brown to arrange. for filing on Friday. Jess says that he will be in town and can go to the clerk's office with you. Should you have any trouble with filing, please call Ben or Bruce in New Orleans at once. Since they will have copies of all the enclosed papers, they can go to the Fifth Circuit if necessary. Remember that the trials covered by these petitions are scheduled for Monday at 4 p.m. so speed is necessary. Please keep us informed as to what, happens on Friday.

Cordially, v A y Williaiii/iM. Kunfttier m, lo wmk/bf 6 ends (6)

*f '^pll -."', <

WK9R& Oi&

MEMORAM>UM

Benjamin E. Smith and Bruce C. VJalzer) Committee for To: Morton Stavls, Esq, ) Legal Aid to Arthur Klnoy, Esq. ) the South From: William Rossraoore )

^e: Civil Suits Under 42 U.S.C. 11986

The question briefly researched was whether an action

could be brought in either the state or the federal courts of

New Jersey against officials of Mississippi by residents of

Mississippi under 42 U.S.C. $1986.

The Statute llW.MilUnillWIMWiM"! MIWIWlllH •

42 U.S.C. S1985 provides that: "If two or more persons

in any State or Territory conspire or go in disguise on the high*

way or on the premises of another, for the purpose of depriving,

either directly or indirectly, any person or class of persons of

the equal protection of the laws, or of the equal privileges and

immunities under the laws; or for the purpose of preventing or

hindering the constituted authorities of any State or Territory

from giving or securing to all persons within such State or

Territory the equal protection of the laws; or if two or more per»

sons conspire to prevent by force, intimidation or threat, any

citizen who Is lawfully entitled to vote, from giving his sup*

port or advocacy In a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for

President or Vice President, or as a Member of Congress of the

United States| or to Injure any citizen ... on account of such

support or advocacy;" and If any act is done "In furtherance of the object of such conspiracy, whereby another is Injured in bin

person or property, or deprived of having and exercising any

right or privilege of a citizen of the United States, the party

so Injured or deprived may have an action for the recovery of

damages, occasioned by such injury or deprivation, against any

one or more of the conspirators."

42 U.S.C, S1986 provides that: "Every person who,

having knowledge that any of the wrongs conspired to be done,

and mentioned in section 1985 .v. . are about to be committed,

aod having power to prevent or aid in preventing the commission

of the same, neglects or refuses so to do, if such wrongful act

be committed, shall be liable to the party injured, or his legal

representatives, for all damages caused . . . which such person

by reasonable diligence could have prevented; and such damages may be recovered In an action on the case; . . . and If death be

caused by any such wrongful act and neglect, the legal represen*

tatlves of the deceased shall have . . . action therefor, and may recover not exceeding $5,000 damages . . . for the benefit

of the widow ... if there be one" and if none "for the benefit

of the next of kin . . . Wat no action under . . . this section

shall be sustained which Is not commenced within one year after

the cause of action has accrued. Assuming the factual material can be gathered, and the

suit commenced within one year, can It be brought In New Jersey In the federal or state courts?

-2- federal Courts

28 U.S.C. §1343 (2) provides that the district courts have original jurisdiction of any civil action authorized by law to recover danag^s from any person who fails to prevent or to aid in preunting any of the wrongs mentioned in 42 U.S.C. §1985 which he had knowledge were about to occur and power to prevent.

Thus the district courts appear to have subject action jurisdiction of a cause of action under |19S6.

However, 28 U.S.C. 11391(b) and $1392

I have been able to find no exception with respect to the contemplated action, it would thus appear that the only proper venue for m action to be brought, as contemplated, in the federal courts, would be in the federal courts of Mississippi. hat- Of course, venue Is a personal defense, that It is hard to imaglneAwouid not be raised, InwJch event 28 U.S.C. 1406(a) provides that when a case is filed in a district court laying venue in the wrong district, the court shall dismiss the case or "if it be in the interest of justice" transfer such case to

-3- any district in which it could have been brought. At best we

«fl|MI therefore find ourselves right back in the federal court

in Mississippi.

State . Courts

The rule with respect to bringing actions on a federal

cause of action has been stated In Crubb v Public Utilities wwnini—iwMiinniiniii iwwwwww «n*iw immmtmmmmm»**m*immmimm*mim Commission. 281 U.S. 470, 476 (1930) as follows: "the state and

federal coutts have concurrent jurisdiction of suits of a civil

nature arising under the Constitution and laws of the United

States, save In exceptional instances where the jurisdiction has

been restricted by Congress to the federal courts."

This rule was cited approvingly by Chief Judge Forman

In Burlington County Bridge Commission v Meyner, 133 F. Supp.

214, 217 (D.M.J. 1955).

Again, limited research has not turned up any cases in

which suits for causes of action arising under the federal civil

rights laws have been brought In state eourts. However, there

are Haw Jersey state court decisions involving suits brought to assert rights under other federal laws. In Fryas v Fair Lawn fuf Dressing Co. %U N.J.Iq. 462, 464, 168 Atl. 862 (Ch. 1933) the court sustained the right to bring a suit Invoking rights arising

under the Jf.R.A. stating that rights acquired under the laws of

the United States may be prosecuted in the state courts unless

Congress gave the federal courts exclusive jurisdiction.

New Jersey courts have entertained suits for overcharge^ arising under the Emergency Price Control Act of 1942. 50 U.S.C.

App., §§901 et aeq, These are: Kerstin^ v Hardgrove, 24 N.J.Miscj.

243, 48 A 2d 309 (Circ. Ct. 1946) and Crescenzi v Veritas, etc.

Club, 24 N.J.Mlsc. 246, 48 A 2d 303 (Cir. Ct. 1946).

It would thus appear that the Mew Jersey courts have jurisdiction to entertain such action. Sew Jersey Rule 4:3-2 pro vides that the venue in a transitory action in which any defendant was a non-resident shall be laid in the county In which the sum mons was served upon him. MMM. Hew Jersey, of course, has a forum.conveniens doctrine.

Undoubtedly a case such as is contemplated would call for its application in all ordinary circumstances. Certainly the normal judicial inclination would be to see that the case is tried in the courts of the state where all parties reside and where the cause of action arose and where all of the witnesses are likely to be. Whether the courts could be persuaded to override this by considerations based on the prejudices existing in the courts of a sister state is at this point anybody*s guess.

William Rossmoore

June 22, 1964

-5« COFO Legal Department 1017 Lynch St. - P.O. Box 2896 Jackson, Mississippi 39205 June 29, 196^

Dear Rev. Brown,

We have been informed that you are one of the people who was arrested in Hatties burg on April 10 and 11 of this year. Our lawyers are now trying to remove the case to the federal cotirts, where we believe we can have speedier justice. In order to do this, you, as a defendant, need to sign the enclosed affidavit to accompany the removal petition. The petition does not need your signature; just the affidavit. Moreover, a notary attests only to the validity of your signature, not to the contents of the petition of the affidavit.

We would greatly appreciate it if you could return the enclosed document, signed and notarized, as soon as possible. Thank you very much for your cooperation.

Freedom,

l^e^y^^^ Sherwin Kaplan (law student) COFO Legal Coordinator enclosure :...» J. 1 >

RAUH'ANO SlLAflD, isas K emntr. lemmmmw WAmMmvm* S, o C.

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101? t^ncte stroet Jameson* Kiesiaeippi .> -f M>i, ,. ••! -» Mr**- M&r.eeb> .*, * . - 1 • I was sorry I missed yog yesterday, asi I was moot anxious t© go omir ^ number of things with you. First, did yow ever get my letter of 'June 9? 1 enclose a *i€>py in ease you never received it. With respect to item 4 on 'page 2, please also get any (Statements by regular delegates attacking l^sidents Ksnnady and Johnson.' Will you please let me lav® your thought* ©n the different matters in the latter aa soon ae possible? • -!.

' I aa also in receipt of a letter from Mr, Kunstler about a lajwiujt i» Greenville. M«B Mid in hie letter that he was enclos ing a copy of the complaint„ bat the copy wae not in fact enclosed. Mrs. Bllft' Baker did, howavor, furnish me with a copy .of the complaint ami I have now read it carefully. In so far as the cam- p&fclnt »®ek® to deal with the problem of delegate• t© the Damo- osfitlo Kfttieael Convention, 1 this* it is .an unwise tactic, w* .®m agoing. festal! the qasjpcratlc iletigM$8$«mt4on that it ha* ... - , in* sole gsower to meke the dec in loo on wn delegation to seat and wmt make that decision in our favor precisely 'tmcmm® there is »« other tribunal to Uhlan we can appstal. I would suggest, thwcoffore, that an amended costplaint IM filed. leaving the delegate problem oat of the cms®, there is. plenty left in the case f&r the ewirte t© «tecid# without injecting the delegate issue.

I am also in receipt of a letter from Carole I. Msrritt of KftUBWalla* Tennessee, copy of which if enclosed. I wonder if you thiafe it wise to add to.your many burdens it the Convention by hawing' a workshop for the Freedom •sasocraiic Party at Highlander?-.

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1 f - Mr. Robert Moses -June 30, 1964

It seasis to as wa have enough of a scrap ahead without carrying this additional burden as well. It would, I believe, add fuel to those who favor seating neither group at any rat©. I would esaut&s that any necessary discussions with the delegation could be held in Atlantic City and I will be happy to come there as early as you and the delegation want.

My confidence in cur success remains unabated, though the Goldwater nomination would hurt badly. We need to move promptly, however, &nd I hope you'll write or call very Jsoon.

Sincerely yours,.

Josaph L. Rauh, Jr.

Enclosures

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4l4 Gardner Place Pittsburgh, Pa. 15237 July 3, 1964

Mr. Benjamin S. Smith Smith, Waltzor, Jones and Peebles Suite 1006 Baronne Bldg. JOp Baronne Street Nev; Orleans, La. 70112

Deer Kr. Steithi

Enclosed find a letter and statement to be notarized from 00F0. Do you recommend that I have it notarized and return it? Since you are representing my case, I -am confused as to why I receive legal papers from another source.

Sincerely,

Keith A. Broun SMITH, WALTZER, JONES &. PEEBLES ATTORNEYS AND COUNSELORS AT LAW Suite 1C05 Btronn. Bide. 305 Bftronnt Street 525-4361 NEW ORLEANS, LA. 70112 BENJAMIN E. SMITH. CMe Address: PEPEN BRUCE C. WALTZES Notary Public A1.VIN 8. JOKES JACK PEEBLES July IS, 1964

Mr, Keith Brown 414 Gardner Place Pittsburg, Pennsylvania

Dear Keith: You have already signed the affidavit which COFO sent to you since I had sent it to you earlier.

The reason you were receiving information from COFO was that I had asked them to obtain the signatures of various persons who were not ministers and who I could not locate in Hattiesburg and I felt that they, knowing the location of these persons, would be better able to secure the signatures on the affidavits than I could. Therefore, you can ignore the request which you received, since your case has already been removed to federal court.

Many thanks for your appearance in Biloxi. I am sorry that we were not able to use you but at the same time the fact that you were there was most important to us all. In the meantime, I remain with best wishes,

Sincerely,

Benjamin E. Smith

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«.' •* W £''-' ~ "-'**' . f;" ?•"- ^V ( ds?o EMERGENCY CIVIL LIBERTIES COMMITTEE 421 SEVENTH AVENUE, NEW YORK 1, N. Y. • OXFORD 5-2863

CORLISS LAMONT Chairman MRS. ELEANOR BRUSSEL Vice-Chairman JOHN M. PICKERING Secretary JOHN H. SCUDDER Treasurer LEONARD B. BOUDIN General Counsel July 14, 1964 CLARK FOREMAN Director MRS. EDITH TIGER Asst. Director NATIONAL COUNCIL Executive Committee Dr. Alan R. Bleich. N.Y. Bernard Brightman, NJ. Prof. Robert S. Cohen, Mass. Dear Ben: Hon. Hubert T. Delany. N.Y. Daniel S. Gillmor, N.Y. Rabbi Robert E. Goldburg, Conn. Prof. David Haber, N.Y. You certainly started us off on a very William Meyers, N.Y. Russ Nixon, N.Y. exciting adventure. We spent the rest of the Harvey O'Connor, R.I. Leon Quat, N.Y. week in Mississippi and both Bill and I felt Harry I. Rand, N.Y. Louis L. Redding, Del. very grateful to you for the good advise which Donald Shaffer. N.Y. Morton Stavis, NJ. you gave us. Peter Weiss, N.Y.

Henry Abrams, N.Y. Byron Allen, Md. As you will have heard by the time you James Aronson, N.Y. Prof. John S. Atlee, Pa. receive this, that the Mississippi Summer Bail Rev. William T. Baird, III. Prof. Stringfellow Barr, NJ. Fund is now a reality and we hope that no one Mrs. Walter Boyden, Mass. Rev. John W. Bradbury, N.Y. of the COPO workers will have to spend a single Mrs. Anne Braden, Ky. Prof. John Ciardi, NJ. night in the stinking jails of Mississippi. Dr. Charles W. Collins, N.Y. Prof. Edward U. Condon, Mo. Alexander L. Crosby, Pa. Prof. Lonnie Cross, D.C. I am enclosing a letter which I have sent Joseph H. Crown, N.Y. Ernest Dalglish, Pa. to members of our National Council. Inasmuch as Earl B. Dickerson, III. Prof. Dorothy W. Douglas, N.Y. I have referred to you in it, I think you might Benjamin Dreyfus, Calif. Prof. Thomas I. Emerson, Conn. be Interested in knowing just what I said. Laurent B. Frantz, Calif. Rev. Stephen H. Fritchman, Calif. Sidney J. Gluck, N.Y. Mrs. Paulann Groninger, Ind. Yours sincerely, Dr. Samuel Grubin, N.Y. Prof. Fowler Harper, Conn. Rev. Chester E. Hodgson, N.Y. John N. M. Howells, Mass. Leo Huberman, N.Y. Abraham J. Isserman, NJ. Mrs. Edna Ruth Johnson, Fla. Prof. Erich Kahler, NJ. Clark Foreman Mrs. Alexander A. Katz, N.Y. Robert Kenny, Calif. CF:gew Mrs. Rockwell Kent, N.Y. Herman Liveright, Pa. Encl. 1 Prof. Oliver Loud, Ohio Conrad J. Lynn, N.Y. Prof. Curtis D. MacDougall, III. Carey McWilliams, N.Y. Prof. Clyde Miller, N.Y. Mr. Ben Smith Prof. Broadus Mitchell, N.Y. Prof. Philip Morrison, N.Y. Mrs. Aleine Austin Mufson, N.Y. 305 Baronne Street Prof. Anatol Murad, Puerto Rico Victor Rabinowitz, N.Y. New Orleans, La. Prof. Norman Redlich, N.Y. David Rein, D.C. Prof. Arnold Rogow, Calif. Robert Rosenwald, N.Y. Mrs. Esther Rowland, NJ. Mrs. S. M. Sacher N.Y. Rev. Guy Emery Shipler, Calif. Mrs. A. W. Simkins, S.C. I. Philip Sipser, N.Y. Edgar Stillman. Jr., N.Y. I. F. Stone, D.C. Mrs. Nancy P. Straus, D.C. Robert Ware Straus, Md. Paul Sweezy, N.Y. Rev. John B. Thompson, Calif. Miss Olive Van Horn, N.Y. J. Raymond Walsh, Wise. Palmer Weber, N.Y. David Wesley, Pa. Frank Wilkinson, Calif. Henry Willcox, Conn. Prof. H. H. Wilson, NJ. Prof. Francis D. Wormuth, Utah ( EMERGENCY CIVIL LIBERTIES COMMITTEE 421 SEVENTH AVENUE, NEW YORK 1, N. Y. • OXFORD 5-2863

CORLISS LAMONT Chairman July 14, 1964 MRS. ELEANOR BRUSSEL Vice-Chairman JOHN M. PICKERING Secretary JOHN H. SCUDDER Treasurer LEONARD B. BOUDIN General Counsel Dear Council Members CLARK FOREMAN Director Mr, William Meyers, a member of our Executive MRS. EDITH TIGER Asst. Director Committee, recently made the suggestion that we should know NATIONAL COUNCIL more about the situation in Mississippi, In faot, he in Executive Committee vited me to go with him to the state at his expense and he Dr. Alan R. Bleich. N.Y. and I spent five days there last week. Bernard Brightman, NJ. Prof. Robert S. Cohen, Mass. Hon. Hubert T. Delany, N.Y. Daniel S. Gillmor, N.Y. As you probably know, a revolt i3 in process Rabbi Robert E. Goldburg, Conn. Prof. David Haber, N.Y. there -- a revolt against the oppression of white supremacy William Meyers, N.Y. Russ Nixon,. N.Y. which has always ruled in that state. Young men and women Harvey O'Connor, R.I. Leon Quat, N.Y. from outside the state, and the people inside the state who Harry I. Rand, N.Y. Louis L. Redding, Del. are making the revolt deserve all possible support. The law Donald Shaffer, N.Y. Morton Stavis, NJ. in Mississippi is merely an instrument for the enforcement of Peter Weiss, N.Y. totalitarian dogma, The law officials, for the most part, Henry Abrams, N.Y. Byron Allen, Md. are brutal and corrupt. If we are to avoid fascism in this James Aronson, N.Y. Prof. John S. Atlee, Pa. country, we must see to it that the Civil Rights law is really Rev. William T. Baird, III. Prof. Stringfellow Barr, NJ. enforced in Mississippi, That this will require pressure Mrs. Walter Boyden, Mass. Rev. John W. Bradbury, N.Y. from the outside, both on the authorities in Mississippi and Mrs. Anne Braden, Ky. Prof. John Ciardi, NJ. the authorities in 'Washington, there is no doubt in my mind. Dr. Charles W. Collins, N.Y. Prof. Edward U. Condon, Mo. Alexander L. Crosby, Pa. Prof. Lonnie Cross, D.C. That there is a great deal of thinking in the Joseph H. Crown, N.Y. Ernest Dalglish, Pa. other direction, was made clear by a recent column by Drew Earl B. Dickerson, HI. Prof. Dorothy W. Douglas, N.Y. Pearson. Ha advocated in an open letter to Dick Gregory that Benjamin Dreyfus, Calif. Prof. Thomas I. Emerson, Conn. we give the South time, I have written a reply to Drew Laurent B. Frantz, Calif. Rev. Stephen H. Fritchman, Calif. Pearson and .s-ent a private letter to Dick Gregory, oopies of Sidney J. Gluck, N.Y. Mrs. Paulann Groninger, Ind. which I am enclosing for your information. Dr. Samuel Grubin, N.Y. Prof. Fowler Harper, Conn. Rev. Chester E. Hodgson, N.Y. John N. M. Howells, Mass. Yours sincerely, Leo Huberman, N.Y. Abraham J. Isserman, NJ. Mrs. Edna Ruth Johnson, Fla. Prof. Erich Kahler, NJ. Mrs. Alexander A. Katz, N.Y. ^UVi Robert Kenny, Calif. Clark Foreman Mrs. Rockwell Kent, N.Y. Herman Liveright, Pa. Director Prof. Oliver Loud, Ohio Conrad J. Lynn. N.Y. CFjgew Prof. Curtis D. MacDougall, III. Carey McWilliams, N.Y. Ends: 2 Prof. Clyde Miller, N.Y. Prof. Broadus Mitchell, N.Y. Prof. Philip Morrison N.Y. Mrs. Aleine Austin Mufson, N.Y. P, S, One of the most urgent needs revealed to us by our trip Prof. Anatol Murad, Puerto Rico Victor Rabinowitz, N.Y. was that for ready bail money. The reckless application of Prof. Norman Redlich, N.Y. David Rein, D.C. discriminatory laws must not be allowed to cause the courageous Prof. Arnold Rogow, Calif. Robert Rosenwafa, N.Y. campaigners to spend nights in the notoriously dangerous jails Mrs. Esther Rowland, NJ. Mrs. S. M. Sacher, N.Y. of Mississippi, Mr, Meyers, along with Mr. George Crockett Rev. Guy Emery Shipler, Calif. Mrs. A. W. Simkins, S.C. who is heading the office of the National Lawyers Guild in I. Philip Sipser, N.Y. Edgar Stillman, Jr., N.Y. Jackson and Mr. Ben Smith, an attorney in New Orleans who is I. F. Stone, D.C. Mrs. Nancy P. Straus, D.C. doing a great deal of the civil rights work, have started a Robert Ware Straus, Md. Paul Sweezy, N.Y. Mississippi Summer Bail Fund. Already they have made *3500 Rev. John B. Thompson, Calif. Miss Olive Van Horn, N.Y. available for this purpose and have set their sights for J. Raymond Walsh, Wise. Palmer Weber, N.Y. $100,000, If you know of anyone interested in making money David Wesley, Pa. Frank Wilkinson, Calif. available for this purpose, I will be glad to send further Henry Willcox, Conn. Prof. H. H. Wilson, NJ. details. Prof. Francis D. Wormuth, Utah ( ' (

( COPY) Jackson Mississippi July 10, 1964

Dear Drew Pearson: Your open letter to Dick Gregory appeared in the Jacksoni Mississippi, CLARION-LEDGER this morning* The "Project Mississippi" is so important that I write at once to give you the views of this native Southerner. I know you have taken many fine stands in the past for civil rights and democracy and therefore am all the more convinced that you have written without all the facts. In my lifetime I too have seen many changes and improvements in the South. Most of my life has in fact been devoted to the under standing that Americans as a whole can only develop their destiny if they recognize the equal rights of Negroes to share that destiny with them. I am convinced after traveling through Mississippi in the last few days that if we are to make the most of the "greatest docu ment for Negro freedom since the emancipation proclamation," as you correctly describe the civil rights law, we must help the people in Mississippi who are trying to see that the law is enforced. The fine young men and women from outside Mississippi who are working through COFO, NAACP, Hattiesburg Minister Project (National Council of Churches of Christ of the USA) Lawyers Constitutional De fense Committee, National Lawyers Guild, and the Southern Conference Educational Fund, along with the visiting groups sponsored by the national YWCA, Friends and others are engaged in a vital fight for the preservation of our democracy. They realize that they are running a great risk, as is everyone here who challenges the power structure of this closed society. They realize too the great risk that is run by the Negroes and white people of Mississippi who cooperate with them in trying to turn a document into a living reality. But they realize that without help from outside, the Civil Rights law is not likely to be enforced in Mississippi. Now is the time for all the people of this country who want to bring democracy to Mississippi, to find some way to help those who are trying to remove the vestiges of slavery. In my opinion, it will be best to come here first and see for themselves what needs to be done. If that is not possible they can at least contribute to one of the organizations which is fighting for all of us. Yours sincerely, Clark Foreman, Director Emergency Civil Liberties Committee 421 Seventh Avenue New York 1, New York ( • r EMERGENCY CIVIL LIBERTIES COMMITTEE 421 SEVENTH AVENUE, NEW YORK 1, N. Y. • OXFORD 5-2863

CORLISS LAMONT Chairman MRS. ELEANOR BRUSSEL Vice-Chairman JOHN M. PICKERING Secretary JOHN H. SCUDDER July 14, 19S4 Treasurer COPY LEONARD B. BOUDIN General Counsel CLARK FOREMAN Director MRS. EDITH TIGER Dear Mr. Gregory: Asst. Director NATIONAL COUNCIL When I was In Mississippi last week, I felt Executive Committee personally affronted by Drew Pearson's public letter Dr. Alan R. Bleich. N.Y. addressed to you. It was obvious to me, and r.iust also Bernard Brightman, NJ. Prof. Robert S. Cohen, Mass. have been to you, that he did not know the situation in Hon. Hubert T. Delany. N.Y. Daniel S. Gillmor, N.Y. Mississippi and all the fine talk about his heroism and Rabbi Robert E. Goldburg, Conn. Prof. David Haber, N.Y. what is going on in other parts of the country had noth William Meyers. N.Y. Russ Nixon, N.Y. Harvey O'Connor, R.l. ing to do with the state of Mississippi, I am en-" Leon Quat, N.Y. Harry I. Rand, N.Y. closing a copy of the letter I wrote to Pearson. Louis L. Redding, Del. Donald Shaffer, N.Y. Morton Stavis, NJ. Peter Weiss, N.Y. My own feeling is that all the people who have been Henry Abrams, N.Y. so excited about the book, and play, "The Deputy," should Byron Allen, Md. James Aronson, N.Y. relate their emotions to the scene at home. Mississippi Prof. John S. Atlee, Pa. Rev. William T. Baird, III. is as near fascism as any state In this country has ever Prof. Stringfellow Barr, NJ. Mrs. Walter Boyden, Mass. been. To leave unhelped those people who have gone to Rev. John W. Bradbury, N.Y. Mrs. Anne Braden, Ky. Mississippi so courageously, is a crime of the first water. Prof. John Ciardi, NJ. Dr. Charles W. Collins, N.Y. It is exactly what Mayor Thompson of Jackson wants. In Prof. Edward U. Condon, Mo. Alexander L. Crosby, Pa. calling for compliance to the civil rights law, he stated Prof. Lonnie Cross, D.C. Joseph H. Crown, N.Y. plainly his abhorrence of that law and said that after two Ernest Dalglish, Pa. Earl B. Dickerson, III. months the people of Mississippi would be able to live with Prof. Dorothy W. Douglas, N.Y. Benjamin Dreyfus, Calif. it, (not within it). After two months he expects the out Prof. Thomas I. Emerson, Conn. Laurent B. Frantz, Calif. siders to leave the state and then the Mississippi Govern Rev. Stephen H. Fritchman, Calif. Sidney J. Gluck. N.Y. ment will be able more easily to practice white supremacy. Mrs. Paulann Groninger, Ind. Dr. Samuel Grubin, N.Y. Prof. Fowler Harper, Conn. Rev. Chester E. Hodgson, N.Y. I feel it is most important for all help to be given John N. M. Howells, Mass. Leo Huberman, N.Y. to those who are there now, and to follow It up with a Abraham J. Isserman, NJ. ii Mrs. Edna Ruth Johnson, Fla. "winter project This is not a campaign of three months Prof. Erich Kahler, NJ. Mrs. Alexander A. Katz, N.Y. more likely three years, To stop it too soon would be Robert Kenny, Calif. Mrs. Rockwell Kent, N.Y. disastrous. Herman Liveright, Pa. Prof. Oliver Loud, Ohio Conrad J. Lynn, N.Y. Prof. Curtis D. MacDougall, III. Yours sincerely, Carey McWilliams, N.Y. Prof. Clyde Miller, N.Y. Prof. Broadus Mitchell, N.Y. Prof. Philip Morrison, N.Y. Mrs. Aleine Austin Mufson, N.Y. Prof. Anatol Murad, Puerto Rico Victor Rabinowitz, N.Y. Prof. Norman Redlich, N.Y. CF J gew (sgd.) Clark Foreman David Rein, D.C. Prof. Arnold Rogow, Calif. End. 1 Director Robert Rosenwald, N.Y. Mrs. Esther Rowland, NJ. Mrs. S. M. Sacher, N.Y. Rev. Guy Emery Shipler, Calif. Mr, Dick Gregory Mrs. A. W. Simkins, S.C. I. Philip Sipser, N.Y. 79 W. Monroe St. Edgar Stillman. Jr., N.Y. I. F. Stone, D.C. Chicago, Illinois Mrs. Nancy P. Straus, D.C. Robert Ware Straus, Md. Paul Sweezy, N.Y. Rev. John B. Thompson, Calif. Miss Olive Van Horn, N.Y. J. Raymond Walsh, Wise. Palmer Weber, N.Y. David Wesley, Pa. Frank Wilkinson, Calif. Henry Willcox, Conn. Prof. H. H. Wilson, NJ. Prof. Francis D. Wormuth, Utah w

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SMITH, WALTZER, JONES & PEEBLES ATTORNEYS AND COUNSELORS AT LAW Suite 1006 Baronne Bldst. 305 Buronne Sueet 525-4361 NEW ORLEANS, LA. 70112 BENJAMIN E. SMITH Cable. Address: PEPEN BRUCE C. WALTZER Notary Public ALV1N B. JONES JACK PEEBLES July 16, 1964

Mr. Hunter Morey COFO 1017 Lynch Street Jackson, Mississippi

Dear Hunter:

I am enclosing with this letter a copy of a letter we received from Pyles & Tucker relative to the removal petitions from Hatties burg. You will note that the attached document which contains a list of persons whose petitions have not been filed, is an indication to us that they should be contacted and should sign the verification, copies of which I have already sent to you, so that the verifications can be, after being executed, sent to Pyles and attached to the removal peti tions which are waiting for such attachment in his office. He can then file the completed removal petition and we will then be protecting these people from further prosecution in the State courts. I think this should be done as quickly as possible.

With best wishes,

Sincerely,

Benjamin E. Smith

BES/mh End.

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RABINOWITZ & BOUDIN ATTORNEYS AT LAW

30 EAST 42 "P STREET

NEW YORK 17, N. Y.

OXFORD 7-8640

VICTOR RABINOWITZ CABLE". RABOUD1N LEONARD B. BOUDIN 711 (4TH STREET N. W. ARTHUR SCHUTZER WASHINGTON 5, D. C. MARY M. KAUFMAN NATIONAL 8 - 4047 HENRY WINESTINE MICHAEL B. STANDARD ALAN C.GLASSMAN July 16, 1964

Dr. Clark Foreman Mr. William Meyer* Emergency Civil Liberties Committee 421 Seventh Avenue Hew York, M»v.

Dear Bill and Clarke

I enclose 'herewith a trust agreement and a receipt t© be used by the Mississippi Summer Bail Fund. A copy is teing sent to Ben Smith and George Crockett for their use or suggested changes. I have modeled the receipt as well as the trust agreement upon the Michigan Civil Rights Bftll Fund trust agreement with the following modifications:

1, I have omitted all reference to donations because that subject was not mentioned to we, and the omission will probably facilitate the swift creation of a fundi on the other hand, donations have a value in that they can he used to replenish losses to a bail fund.

2. I have authorized each member of the board of trustees to execute all receipts on behalf of the board, rather than a single treasurer? this on the theory that funds will be collected by Bill, Bea and George.

If there is any disagreement with the enclosed, it should be communicated directly to Bill who will discuss the proposed modifications with me.

Sincerely,

Leonard B. Boudin enc. cci Benjamin Smith George Crockett {Receipt for Cash Loans)

MISSISSIPPI SUMMER BAH. FUND

Address ... . IL Cash Receipt Mumber

RECEIPT AMD ACKNOWLEDGEMENT 07 TRUST

Receipt is hereby acknowledged this day of , 19 in the sum of $ received frown by the Board of Trustees of the Mississippi Summer Bail Fund, for the uses and purposes of said Bail Fund, in accordance with the terms of the Trust Agreement, and upon the following tarns and conditionss 1, Said monies shall be used only for the purpose of posting ball for such persons for whom the trustees shall. In their discretion, agree to post bail,

2, Raid ball la to be posed by the Trustees of the Bail Fund in accordance with the resolutions and regulations adopted by it, and in no other

3, Said monies shall be repaid to the lender without interest upon thirty days* notice in writing, providing, however, that repayment of loans shall not be made in such a manner as to Imperil the liberty of any individual for whom such monies may have been posted as bail, and the Trustees shall have sole authority to determine whether such peril existsi and provided further that the thirty days of notice may be waived by the Trustees to permit immediate return of any loan,

4, That the depositor shall at the time that he applies for the return of the monies loaned by him to the said Ball Wmn& accompany his application with this receipt and that no money shall be returned except upon surrender of this receipt.

5, This receipt is valid only if it bears the signature of one of the members of the Board of Trustees.

Dated•

Trustee MISSISSIPPI

\, many persons devoted to the protection of civil rights are deeply concerned over the increasing curtail ment of such civil rights of the American citixan in Mississippi, believe that there now is and will continue to be a tm«4 for a bail fund for the benefit of pmxwom whose civil rights, in the

opinion of the Trustees, are threatened or under attackj and

[, the undersigned have initiated the creation of a fund, to be known as the Mississippi Summer Bail fund,

(hereinafter referred to as the "Bail Fund"), for the purpose of collecting cash and securities by way of loans and of applying the same, or portions thereof, in accordance with the expressed directions of the respective lenders to the Bail Fund?

THEREFORE, IT IS AGREED AMD UNDERSTOOD AS

FOLLOWSt

1. The undersigned have consented, and do hereby consent, to serve as the Board of Trustees of the Bail Fund under the terms hereof•

2. The membership of the Board may be increased by a majority vote of its existing members at any given tine, and the Board may alao, by such majority vote, fill any vacancy on the

Board which may occur through resignation, death or Inability to act*

3. Except as the Board Itself shall by majority vote determine, all actions, rules, regulations and resolutions by the Board shall require the consent of at least a majority of its 4. The Board will receive all cash and securities loaned to the Sail Fund and, promptly upon receipt thereof, deposit same, tinder the control of the Board, in a depository ox depositories to be selected by It.

5. Bach member of the Board shall be authorised to execute receipts ®n behalf of the Board for loans made to the Ball

6, All receipts shall set forth the terms mn^ conditions upon which such respective loans are made, all receipts for loans of cash or securities shall be made payable to bearer and shall be in a form approved by the Board.

7. The Board shall use such loans and donations in accordance with the terms and conditions sat forth in the respective receipts so issued to lenders and in such way as to carry out the purposes of the Bail Fund in accordance with such resolutions and regulations as may from time to time be adopted by the Board for the administration of the Bail Fund.

8, The Board shall urn the cash and securities loaned to it only for the purpose of posting bail in such esses as it, by vota of a majority of its awabars or by such other means as

It may determine, deem meritorious and consistent with the purposes of the Ball Fund.

9. Mo cash or securities loaned to the Ball Fund shall b« used, to any extent whatever, for the payment of mitpen*** of operations of the Bail Fund, Interest received on securities loaned to the Bail Fund shall be held for and paid over to the persons loaning .such securities. Interest received on securities purchased by the trustees from cash loaned shall belong to the Bail Fund to

for the payment of expenses* 10, The Board of Trustees shall not be obligated to pay any interest on any loans ao received? and there shall not be deducted from any sums so received as loans any monies on account of administrative disbursements in connection with the operation of the Bail Fund,

11, The Board shall return any cash or securities loaned upon thirty days* notice in writing from the lander, provided only that such repayment will not, in the opinion of the Board, imperil the liberty of any person for whom such cash or securities have bean posted as bail. Said thirty days* notice may be waived by the Board, to permit immediate return of any loan. Loans of cash or securities shall be repaid only on presentment of the receipt issued therefor.

12, The members of the Bomx^i of Trustees shall not be personally liable for the loss of any bail bond deposited under this agreement resulting from any default or other action by any

.person on whose behalf such bond is given or because of any action by any court or other tribunal in cancelling or forfeiting such bond. The Board of Trustee* will, however, attempt to obtain contributions to replace the amount of such bond. . Mor shall the individual trustees be personally liable becausa of repayment to persons loaning cash or securities to this Bail Fund upon their demand* as provided herein, and the trustees' subsequent Inability

(because of cancellation or forfeiture of bonds) to make repayment to other persons upon subsequent requests and demands. In the event the Bail Fund is finally terminated by majority decision of the

Trustees or through any other causa, and there are insufficient funds remaining to pay all parsons who have loaned cash or securities to the fund, the Board of Trustees shall make provision for the pro rata distribution to the persons who are entitled thereto under the terms of this agreement.

13. This agreement and dead of trust may be signed ty various trustees on this original or copies hereof with the same affect as if all had signed the original and, upon so doing, they shall become members of said Board and obligated as Trustees under the terms herein set forth.

Ill WITNESS WHEREOF, the undersigned have hereunto sat their hands and seals on the data sat opposite their respective

1, Trustee. Date_

Address.

Phone,

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MEMORANDUM

TO: BENJAMIN E. SMITH

FROM: JACK PEEBLES

DATE: JULY 21, 1964

RE: ACTIVITIES AT MOSS POINT, MISSISSIPPI

For a purpose of maintaining a record relative to activities at Moss Point on July 6, 7 and 8, 1964, the following is submitted:

During the late evening of July 6 I went to Moss Point, Miss., and immediately attempted to obtain the release of four COFO supporters charged with various misdemeanors. Their release was secured on July 7 and that day and the subsequent day, July 8, were spent in developing the case for removal, advising COFO about individual legal problems, and returning to New Orleans.

Expenses are as follows:

1. Motel expense for two nights: $15.00

2. Gasoline for my automobile: $ 4.45 3. Miscellaneous, including parking, food, etc.: $10.00 4. Damage to automobile done by anti- COFO people in Moss Point: $13.13 Total ?e>* $42.58 T In addition, it was necessary to make telephone calls, distance in the amount of approximately $25.00. course, were billed to our office. The above is submitted for use relative to th -—^

/ft PO&TEB. & BACH ATTORNEYS AT LAW EUGENE LEGAL CENTER

CHARLES O. PORTER S5S PEARL STREET DONALD F.BACH £UG£I1€, Ofc£GO!l 343-1218

July 24, 1904

L. H. Rosenthal, .Esq. Suits 4 221 Mo. President Street Jac-Kson, Mississippi

D&ar Mr, Rosenthal}

Congratulations to you and your colleagues on the fine job you have done in preparing the complaint you filed on June 19, 1964, in the U. 8. District Court, I hope you have bees able to ens ice the judicial wheels turn and ! would appreciate learning of your progress and of any way wherein I aught personally he of assistance.

As a former Mwaiber of Congress, (19S6-1963)^8 lawyer and a Delegates H-arge for the state of Oregon at the Democratic national Convention. I »m grate.fui for the effort swung made hv you and your colleagues. Boam of us in Oregon ar« seeding to orgeal*e toe attack D against the "official" Mississippi delegation and support for the Freedom Dalagatlon. It would be most helpful to us if w« w«r« to nave a copy of any briefs and uiaisoraada you and your colleagues saay have prepared in connection with this ease.

My hop® is that some ad hoc committee will ha formed to organise tha effort la Atlantic City. Specific arrangements should ha made with raspecfc to who will be carrying the hail in tha Credentials Y Committee, who on tha floor of the Convanuon and all tha details about arranging for a caucus of ail interested deiegatee on August 24. It is also a»y hope that allies delegate* might stop in Mississippi on tha way to tha Convention.

! am wording uoaely with Senator Moras, tha chairman of the Oregon delegation who is particularly interested in becoming as completely informed as possible with respect to the iagal aspects of the seating problem, L. H. Rosenthal, Esq. -2* July 24, 1964

Again, my warm congratulation to you all and my best wishes for a fair and speedy consideration of your esse* Sincerely,

Charles O, Porter COP/fcir ce: Kuustier Kunstier & Kiooy Benjamin E, Smith Bruoe C. Valuer Morton Sea vis Mel via L. Willi / I -e c v-

M ROBERT GALLOP GALLOP CLIMENKO & GOULD JESSE C11 M C N K 0 MILTON S GOULD A T T O R N E Y S AT LAW BERNARD D. F1SCHMAN MARTIN I SHCLTON 3SO LEXINGTON AVENUE DONEN GLEICK TELEPHONE: YUKON 6-9030 IRVING JACOSSON NORMAN SOI.OVAY NEW YORK 17, N. Y. SHELDON D. CAMHV CABLE ADDRESS KAWLAW MICHAEL LESCMNITZCP STANLEY HAGENDORF ALAN J HARTNICK

July 23, 1964

First Unitarian Church of New Orleans c/o Arthur Kirtoy, Esq. 511 Fifth Avenue New York, N.Y.

Dear Ar thur:

I have contributed securities to the First Unitarian Church of New Orleans, which I sold for their account. I am enclosing a check for $1,000.00, representing the proceeds of the sale of said securities.

Sincerely,

M n Bernard D. Fischraan End BDF:ms £ f) J€«(. KUNSTLER KUNSTLER a KINOY ATTORNEYS AT LAW 511 FIFTH AVENUE NEW YORK,N.Y. IOOI7

WILLIAM M. KUNSTLER MURRAY HILL 2-8317 CABLE ADDRESS MICHAEL J. KUNSTLER "KANDKLEX" ARTHUR KINOY

July 29, 1964

Smith, Waltzer, Jones & Peebles, Esqs. 1006 Baronne Building 305 Baronne Street New Orleans, Louisiana Dear Ben & Bruce: I am enclosing a check for $1,000.00, representing a contribution by Bernard Fischman to the First Unitarian Church Special Fund, I am also enclosing a copy of his letter to me. Please have the letter of acknowledgment go directly to Bernard. Ver0tfy best regards, Arthur Kinoy AKrbkf Enclosures _^ y>fe //>/es — //cay <**fc

LA.. FRIDAY MORNING, JULY Si, !9«4 ighis Suit Rejecte

County CommissionersjaPPear in court and Mize held of Appeals in New Orleans, but One Aim; Appeal Set I*8 Plainfifif. f fid. J6 *»? * Judge Mize said he would in _____ claim on which relief could be form the higher court such an antecL appeal would be without merit. | HATTIESBURG, Miss. ;AF)F -a United States feist. Judge- The sult had been fii-'d b>' Other defendants were the ;'the Council of Federated Organ Americans for the Preservation Sidney Mize dismissed a sweep izations and other plaintiffs, in ing civil rights suit here Thurs of the White Race and the Citi cluding Mrs. Mickey Sehwerner, zens Council of Mississippi. day which sought to attack wife of one of the missing civil The suit said the Klan and white supremacy groups and rights workers sought in the APWR were "a clandestine, ter •also have U.S. commissioners Philadelphia area. roristic organization whose placed in all Mississippi coun Attorneys for the plaintiffs members are committed to de said an appeal would be filed ter -nd punish Negroes and ties. with the Fifth US. Circuit Court The suit asked the commis whites seeking Negro rights. sioners in the 82 counties to! protect civil and voting rights j . of Negroes and asked groups! | such as the Ku Klux Klan be I restrained from alleged viola-) 1 tion of Negroes' rights. i ./ Judge Mae described the: I suit "one of the worst scatter- | guns' I've ever heard of." . | He tossed out the suit be- | cause of violation of federal! 1 court rules. 11 Three of the workers who! | signed a complaint on which 1 the action was based did notj § .i: :

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Mayor Soys Rights lawyer Is Fidel Castm Agent Meridian Mayor Henry Burns dale County Court in a hearing Tuesday charged that an attorney ,here two weeks ago. representing 25 Meridian civil A writ of mandamus and an ,. jrights workers is a registered application to Appeal in Forma a e Pauperis has been filed in be -seav-S S nt of Cuban Premier Fidel half of the 25 in the Fifth Circuit rrnerjCasiro, Court of Appeals. Burns said that Benjamin It is here, Burns said, that uld Smith of the New Orleans firm Smith's law firm is representing the Meridian Negroes. \n of Smith, Waltzer, .Tones and Peebles is the registered Castro Papers filed before the appeals. li agent and co - chairman of the court were signed by Bruce st Committee for Legal Assistance Wafer of tha Smith, Waltzer, ;Jones and Peebles firm. ;er in the South of the National Law t t a yers Guild. Burns said, .that Smith is also to Burns said that the National treasurer of the Southern Edu the cational Fund of New Orleans, Lawyers Guild has been cited on the successor to the Southern a list of subversive organizations Conference 6h Human Welfare politi- by the Committee on Un-Ameri Iwhich was cited by the Un-Ameri .pport- can Activities of the United States can Activities Committee in 1961. lation- House of Representatives. "He has also been a national i when The mayor said that Smith's •>nnedy, firm is representing 25 Meridian board member of the National Labor Negroes- in action before the U. Lawyers Guild," Burns said. S. Fifth Circuit Court of Appeals. Burns said that a police raid on the Southern Conference Edu jng for The 25 Negroes were convicted as gath cational Fund led to an invest! in Meridian city court of obstruct gation by a joint legislative com >.ries of ing city sidewalks and sought to mittee on un-American activities on Pres-jhave 'he case removed to fed in the state Legislature of Louisi le Rack- eral court. ana. Burns said that both Smith g at Hof- Federal Judge. Sidney Mize and Waltzer were cited in the remanded their cases to Lauder'report by this committee. foided, iger as 1 Tot Kunstler & Kunstler Date: August 5, I96U Bob Moses Jim Forman Ben Smiths Hunter Morey From: Victor RabinowitE

I propose to the COFO legal committee that actions be started in three Counties against the sheriff, the chief of police and the mayor, pattenred after Hague against CIO. The action would seok an induction against county and city officials to prevent them from interfering with peaceful picketing, leaflet distribution and other forms of voter registration or civil rights activities. I tentatively suggest Leflore, Coahoma and Madison Counties (Greenwood, Clarksdale and Canton). In this connection, I would be prepared to collect a staff of four or five lawyers, mostly from New York, to assist in drawing of the necessary papers, preparation of briefs, collection of affidavits, etc. The following problems are raised and are presented to you for your consideration: 1. I do not contemplate that any legal fees will be paid, but there will be expenses which, in view of the traveling involved, might well run to $1,^00 or more. 2. Some consideration has to be given to the extent to which this case duplicates or overlaps the COFO against Ralney case. I do not believe that there is any conflict with the Rainey case but there is, I think, some overlapping. I nevertheless believe this action should be brought because it is a concentrated attack in two or three specific situations in which specific sheriffs or police officers would be defendants and in which very specific relief could be sought. I suggest that even the bringing of the action would have a beneficial effect. It will be noted, of course, that the action will be directed only against officials and will not have any direct effect on the local hoodlums. 3. I would, in each action, join COFO, a local COFO leader and a local COFO rank and filer, preferably a resident of the city in which the law suit is brought. I also would like to join SNCC as a party in each oase—or, if not SNCC, then the specific organisation responsible for the area in question. Thus if the three actions sug gested above were brought, SNCC would be a party in Greenwood, CORE in Canton, and perhaps the NAACP in Clarksdale. This, of course, would require the approval of the organizations involved. There should be no problem about Greenwood} there is likely to be at least a slight problem in Clarksdale and perhaps a major prob lem in Canton. Some of this arises from point k below. ^. {am prepared to undertake this litigation, but not anony- mously , It is inevitable that some red-baiting will follow. The Memo to K A K, et al. -2- August 5, 1961*

Meridian press yesterday carried a front-page story headed, in sub stance, "Civil Rights Lawyer is Castro Agent," referring to the fact that Ben Smith who represents some Meridian defendants is registered as a lawyer for Cuba. Obviously, this will happen in my case as well. And we must assume that it will happen if I am to undertake the case. I have reason to believe that Carl Rachlin will not asso ciate himself with me in any law suit, nor will he permit me to re present CORE without him. This raises a problem about any action in Canton. To a lesser degree, the same problem may exist in Clarksdale. 5. Hunter Morey is in favor of as much of the foregoing program as is possible. I discussed the matter with Bob and Jim and they would like to think about it a little further, Bob in particular being quite firm on consultation with the CORE people in Canton and with Aaron Henry in Clarksdale. All of the foregoing is, of course. subject to the approval of the legal committee and all of the discus sion thus far has been on the assumption that the legal committee will approve. 6. Time is an element: first, because it will take long enough to get the action started, even if all of the policy question are cleared away; second, because there are people available to work on this in the summertime who may not be available after September 15; and, finally, because I have the time and energy just now to work on this case — and this will not be true to the same extent after mid-September. Since I would prefer to continue to act in the capacity of a lawyer here and not as a member of any policy committee, I wish that someone else would decide the policy questions that are raised here. Furthermore, I think that someone ought to have the responsibility of clearing this with the Canton and Clarksdale people. I have al ready cleared it with Stokely and Bob Zellner and they are strongly in favor of proceeding at once. Of course, it would be possible to begin just one action; it would also be possible perhaps to select one or two other counties in which similar actions are necessary. Merely as a matter of convenience, however, I would prefer to stay out of the southern part of the state because leveling from Green wood to Jackson to (for example) McComb creates problems of logistics.

VR:RS SMITH, WALTZER, JONES & PEEBLES ATTORNEYS AND COUNSELORS AT LAW Suite 1006 Baronne Bide. 305 Baronne Street 525-436! NEW ORLEANS, LA. 70112 BENJAMIN E. SMITH. Cible Addmi: Vb.TcK BRUCE C. WALTZER Norary Public ALVIN B. JONES JACK PEEBLES August 19, 1964

To: Victor Rabinowitz Kunstler & Kunstler Bob Moses Jim For man

From: Benjamin E. Smith

I am in favor of the proposal, put forth by Rabinowitz in. connection with the Hague v. CIO type suit in the counties described in the August 5 Memo.

I feel that it should be carried on as matter of the Legal Committee with all of the usual names on the pleading but with Victor Rabinowitz having the prime responsibility for the case by name.

, • . . ,p ,• .,. ",.., ,,.,, ,; • cbro ' August 19, 1964 1017 Lynch St. ' Jackson, Miss.

Ben Smith Suite 1006, Barrene Bldg. 305 Barrene St. New Orleans, La.

Dear Ben,

Enclosed is a list ef the Mississippi State Democratic

Party's Delegates tp the National Convention, as per yeur

request.

Sincerely,

Jackson FDP At the conclusion of Governor Johnson's speech, "Dixie" was played again, accompanied by much clapping and cheering.

The chairman of the Nominating Committee reported that the committee had had a "harmonious meeting". The convention then proceded to elect the new executive committee for the next four years, the delegates and alternates to the National Democratic Convention, and the National Committeeman and Committeewoman:

National Committeeman: Senator E.K. Collins of Laurel, succeeding Supreme Court Justice Tom Brady. National Committeewoman: Mrs. Alton Phillips of Macon was re-elected.

State Democratic Executive Committee! Francis Geoghegan Fayette Byrd. Mauldin Pontotoc Ben Chase Callon Natchez Donald Franks Booneville Lester Williamson Meridian S.T. Pilkington Artesia Joe A, McFarland Bay Springs James Cahill, Sr, Senatobia Paul Measell Newton Hardy Lott Greenwood Bidwell Adam Gulfport Will Hickman Oxford Robert H. Newton Wiggins W.E. Gore, Jr. Jackson Jack H. Pittman Hattiesburg

State At Large Delegates:

Howard Johnson, Jr. Corinth Jimmy Morrow, Jr. Brandon Malcolm Vaughn Aberdeen Tom Riddell, Jr. Canton Tom Longnecker Amory Gillis Eavers Pearl Ray Cannada Edwards Clyde Hennington Pearl Herman Decess Tazoo City James Simpson Pass Christian Tom Brady Brookhaven Joe Petro Gulfport Frank Wall Liberty C.R. Holliday Picayune William Inzer Pontotoc Jack H. Pittman Hattiesburg James Cahill, Jr. Senatobia Mrs. Harvey West Hattiesburg Doug Wynn Greenville Charles Proffer Gulfport Frank O'Brien Holly Springs W.D. Guest Bruce J.H. Peebles Greenwood Joe Patterson Calhoun City

Congressional District Delegates;

1.Thompson Pound Pontotoc Ben Chase Callon Natchez J.R. Long luka Ed Laws on Liberty Alton Phillips Macon R.L. Moss Lena T.D. Harden Amory Bennie Rogers Morton B.J, Brocato Clarksdale Earl Hosey Meridian Ralph Ferrell Rolling Fork Milton McMullen Newton W.E. Lamb Mineral Wells W.O. Thomas, Jr. Collins Dan Ferguson Batesville Harvey West Hattiesburg Arlie Warren Natchez E.K. Collins Laurel Otho Messer Crystal Springs O.B. Bowen Richton

In addition, there were 22 alternates named.

The chairman of the Resolutions Committee introduced the following resolu tions, all of which were adopted by acclamatinn: \-> SMITH, WALTZER, JONES & PEEBLES ATTORNEYS AND COUNSELORS AT LAW Suite 1006 Baronne Bl.lg. 305 B.tronne Street 525-4361 NEW ORLEANS, LA. 70112 BENJAMIN E. SMITH BRUCE C. WALTZER ALVIN B. JONES JACK PEEBLES August 20, 1964

Mr. Eugene Cotton Cotton, Watt, Rockier & Jones 29th Floor Bankers Building 105 West Adams Street Chicago, Illinois

Dear Gene: I am most anxious that Packinghouse, if it can see its way clear to do so, put up the bail money necessary for COFO's future undertakings in Mississippi which wiLi not, as maybe some thought, terminate with the end of the summer but will only be reduced by some (30 . per cent.

I feel, of course, that what could be done would be for the money to be deposited in some Chicago bank or that the money could be invested in negotiable $500.00 TJ. S. Bonds so that it would con tinue to earn some interest and that these bonds would be deposited in a bank under the control of a trust officer who would be in touch with Hunter Morey and/or Bob Moses in COFO headquarters in Jackson, who v/ould hold on deposit in a Jackson, Mississippi bank modest sums in the range of $2500. to $5000 and would have an opportunity to draw upon the funds in the Chicago bank with some degree of rapidity. This would be based upon some prior arrange ment with some banking official or someone perhaps in Packinghouse headquarters who would be in touch with the bank.

•, i Mr. Eugene Cotton •).. August 20, 1964

Usually, COFO knows in advance when they are going to ho] a Freedom day which would result, in a large or muss ;.. res •••- . • been experiencing so far. Otherwise, mo si of the arrests in ' lissis- sippi are unanticipated and simply are isolated instances of the general, pattern of harrassment, such as traffic arrests, arrests on perjury charges or leaflet passing arrests. The only time we've had real mass arrests requiring large scale calls for bond money, have been when COFO have engaged in courthouse picketing, which is the climax to a Voter Registration campaign. These courthouse picketing events take place on what are called Freedom days and are designed to encourage the pros pective voter who is indicating he warns to go down and register to be able to enter the courthouse with, some assurance that friends are in the neighborhood. It is at this point that we have had large mass arrests in arears such as Meridian, Hattiesburg, Greenwood and Canton. It is for this reason that the to nd money would be necessary in the amount mentioned. It certainly would give COFO a good deal of assurance and confidence in the planning of their Voter Registeration campaign revolving around these Freedom days.

The money should be under the control of COFO with an obligation to account to the person who lends it. Efforts should be made to replace the money as quickly as possible but withou: specific limitation upon it. Many of the people in Mississippi, particularly the students from out of the state, should be able to replace their portions of the money, but then again, there are many people in Mississippi who are not students or who are students without resources, who would not be able to replace the money until after the bond had been cancelled.

My thought was that Packing should go forward with this on its own even if UAW didn't go., although I am asking Bob Moses to call Joe Raugh sending him a copy of your letter.

In the meantime, if there is anything you can do for us, we need help urgently and I would be happy to cooperate in anyway possible. W; best wishes, Sincerely,

Benjamin E. Smi th BES/mh

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***** " s to 0*3

R P 0

NESTING' OF THE LEGAL ADV J SPRY COMMITTER "COUNCIL OF FEDERATED ORGANIZATIONS

August 26, 1964

U PENDING CASES a • Long, Range Litigation 1. Klan. Suit Arthur Kinoy The complaint in this action was dismissed by Judge Mize and Ls presently on appeal to the 5, h Circuit. In addition, a petitii.o n for a writ of mandamus has been filed with the 5th Circuit. Emergenc:y relief in the form of an order a gainst v io 1 ence, i ntimida t i <:»n and harassment in Neshoba County in particular and Nes hoba and five other counties in genera After the meeting, we were informed b y the 5th Circuit, that there will be no immediate emergency relief but that th e appeal has been expe d i t e d a nd t; h; 11i t is probable that a writ of mandamus will issue. 2. Unpledged Electors Suit - Morton Stavis This ca se ha s jus t been 1 os t unanimous ly and it has been decided to move forward slowly with the appeal and to have a policy meeting with Ella Baker and Walter Tillow on it. 3. Poll Tax Suit - Morton Stavis This suit has not yet been decided but we have consented to an order permitting the court to decide it without further hearing 4„ Registration Suit - Morton Stavis This case has been severed from the unpledged elector suit and is pending before Judge Clayton. Further discussion will be necessary as to our next move,which will be Stavis' responsibility. 5.(a) Lawyers Suit - Melvin L. Wulf A hearing and a temporary restraining order was held before Cox and it was indicated at that time by Victor Rabinowitz that there was no emergency. A usual motion. to dismiss had been filed by the defendants. Since Cox is shortly going on an extended vacation, it appears that nothing immediate will he forthcoming from him.

t f * •" '' tffe

i(b) Jail Suit - Melvin L. Wulf

It was decided that no immediate relief would be sought in this suit until a lawyer was denied entrance to a jail. Then a man on the spot would request a temporary restraining order. 6. Anti-picketing Suit - benjamin E, Smith This suit which was lost two to one in the District Court is now on appeal to both CCA5 and the Supreme Court. It was agreed that a paper would be filed with CCA5 pending action on the jurisdictional statement requesting that the CCA1) appeal be held in abeyance until it could be determined what action the Supreme Court intended to take on the jurisdictional statement. It was further decided that a paupers' affidavit would be filed stating that our clients were civil rights workers and could not afford printing costs and that this would be general, policy in the future on all cases.

7. Appeals from Remands Benjamin E. Smith Melvin L. Wulf The status of the remand situation is as follows: a) Smith Complex Peacock v. City of Greenwood - 1.4 cases - remanded on papers - appealed - application for stay pending. Lefton v„ City of Hattiesburg A) - 44 cases - remanded - appealed - application for stay pending. I.efton v. City of Hattiesburg B) - 7 cases - remanded - appealed - application for stay pending. Me rid ia n „C.ompl e x - 25 cases - remanded - appealed ~ application for stay pending.

Drew Complex r - 36 cases and motion for remand filed filed - Clayton holding under advisement. Greenwood v. Carmicbael - 98 cases - remanded - appealed - application for stay pending. Biloxj y. Biggs & Reese - 2 cases - motion for remand filed - Cox holding under advisement,

" ; : *••• -. ; . •*•*/.. *V ' .. .'; •.-:;.; A •••••: -3-

b) LCDC - President's Committee - Jnc Fund Complex.

1) Canton (,Inc Fund) - approximately 50 cases • information to be obtained from Henry Schwartz child, 2) Pascagoula - Beloxi - approximately 77 cases (LCDC-PC) - information to be obtained from Henry Schwartzchild. 3) Isolated removals - approximately 100 cases 4) General - it was decided to pick the first available case to decide whether attorneys could verify removal cases. In addition Ben Smith has the responsibility for preparing a short memorandum for lawyers on removals and a practical working kit for the memorandum. This kit would contain the following samples: a) a petition b) a writ of habeas corpus cum causa c) a memorandum of law d) a motion to set a bail e) a guide for the perplexed.

Wulf Suit, - Melvin L. Wulf This is an attack against 16 Mississippi statutes at least two of which are encompassed by other litigations. (Anti-picketing statute - Anti-Poll Tax Statute). Jess Brown had a conference with Judge Cox on this suit and was instructed thai: there would be a hearing on the merits which was interpreted to mean the merits of the Three-Judge Court. In discussing this suit, it was, as general policy decided, that all future legal papers of any sought would be distributed among all the members of the Committee.

Coliseum Suit - Melvin L. Wulf This is a suit against the Mississippi Fair Commission brought by LCDC because of its refusal to r ent the coliseum in Jackson to COFO and to intergrate it. The attorneys of recoixl on the suit are Ann Cooper and Jess Brown. There was a motion for a temporai"y injunction and on the hearing, Hunter Morey, Bob Moses, Dan Pearlman and some arrested people testified for the plaintiff. The Executive Director of the Fair Commission testified that the statute authorizing its use says it cannot be rendered to political organisations but only to civil, educational, religious and charitable organizations. However, lie also testified that he r e nted the buildine to both the Democratic and -: • Kihi Lean parties. decision has been rendered on the moti on. -4-

10. Drew Curfew Suit - Melvin L. Wulf

This is an LCDC case under the supervision of James Wilson, one of their lawyers. There is a hearing on Thursday, August 27th on the motion for a preliminary injunction.

11. Injunction against Freedom Democratic Party. No discussion,

b• Brush Fire Litigation

No. discussion. A list is being compiled of all of these cases and the National Lawyers Guild has already completed its work In this respect. Henry Schwartzchild is to be asked upon his return to see that the same is done for LCDC cases.

II. FUTURE CASES This will be handled under the following section on Future Method of Operation. It was agreed that no further COFO cases were to be instituted without discussion by the Committee. III. FUTURE METHOD OF OPERATION

a* Staff Counsel - It was decided that a staff counsel responsible for this Committee would be placed in Jackson as soon as possible and that he would have an office separate, from COFO. His duties would fundamentally that of a managing attorney and he would be paid either on a monthly retainer basis or on a fee basis depending upon the man selected. b. Local Lawyers - It was also decided that Leonard Rosenthal would be utilized as a local lawyer when needed on some sought of a retainer basis. His duties would be fundamentally to sign and file papers. c« Nominations - The following nominations for staff counsel were made. Michael Standard Henry Aronson Allen Levine George Zedenstein Burt Perkel Peter Marcuse Collins, Douglas & Elie

A sub-committee of Ben Smith and Bill. Kunstler

• ' ' ?»i#^«M- v -:>-

were selected to report back to the full committee on a recommendation for staff counsel In the interim, it was decided that either Standard or Aronson Would go to Jackson for one or two months pending the selection of the o e r ma n e nt m a n.

IV. FINANCES

It was recommended that COFO contribute some money to legal operations. It was also recommended that the Unitarian Church Fund do the same. Ben Smith was appointed a sub-committee to complete a projective budget for the first operations.

V. 1AW STUDENT;

Arthur Kinoy and Hunter Morey was -appointed as a sub-committee to meet with the law students to determine their future role in the Mississippi situation. The first meeting is scheduled for August 2 7th.

VI. MEMBERSHIP OF LEGAL ADVISORY COMMITTEE

The following names were suggested as prospective members of the Legal Advisory Committee.

Howard Moore Leo Pfeffer Marion Wright John Due Barbara Mo rr i s Louis Lusky Gene Cotton

As soon as the go ahead was received from Bob Moses, the/are to be contacted by appropriate members of the commit tee.

VII. PERMANENT BAIL ORGANIZATION

Tiiis topic was discussed at a dinner meeting at the New York University Club with Bill Kunstler, Ben Smith, Arthur Kinoy and Hunter Morey meeting with Bob Ostrow, Bernard Fishman and John Marquesee. It was decided that Bernard Fishman would explore the possibility of a public bond offering while at the sane time, a small group of men would arrange to borrow $25,000 on their signatures, pay the interest thereon and deliver in $'5,000 segments the funds to Mississippi as needed for bail purposes, It was also decided that a meeting with Bill Meyers would be held later in the evening to determine whether his activities could be converted to

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-6-

straight fund raising ra'ther than bail and that the funds presently in the Mississippi bail project could be turned over to the new fund. It was further decided to contact: the Vera Foundation to determine whether some program could be worked out with it which could furnish bail for Mississippi situations. Later that evening, Hunter Morey, John Marquesee, Bob Ostrow and Bill Meyers had a conference telephone call. During the call, it was determined that Meyers would continue raising bail money in general for The Mississippi Rail Fund, Inc., a pro spective District of Columbia corporation with Washington and New York SNCC offices as addresses. The Mississippi Summer Bail Fund's assets will be transferred to the new corporation provided that the donors thereof agree. In summary, there will be font" projects as follows a. The Mississippi Bail Fund. Inc. (Meyers) b. The Private Loan Project (Marquesee) c. The Public Bond Issue (Fishman) d. The New York Bail Fund Corporation (Ostrow $5,000.00 as an advance against the private loan project was given to Ostrow by Fishman.

'III. MISCELLANEOUS The next meeting of the Committee is scheduled for September 23, 1964 at a time and place to be announced later. Bill Kunstler was named as temporary chairman of the Committee. August 26, 1964

Beujamin I. Smith, Saq., L. H. ftosanthal, Esq., David J* bmmlvkl, 3aq*, and

Star Siras

There i* enclosed for your information a copy of tha Haw Court Itula for tha Northern District of Mlsslscipp1 covering Removal of Actions from Stata Court*.

Tha copy baing **nt to Mr. Banelski it for the uaa of the Greenwood office of SOF© and should ba laft there.

Attention is called to paragraph 5 of the Rule requiring that the original copy of the Removal Jtetition to he filed with the Court must be typewritten and may no longer be a reproduced form,

Cordially*. fj f

Geo. W. Crockett, Jr.

GHC/na IN UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI

IN RE: RULES GOVERNING THE REMOVAL OF CRIMINAL PROSECUTIONS FROM COURTS OF THE STATE OF MISSISSIPPI TO THIS COURT UNDER 28 USC SECTION 1^46

Recently many cases have been filed in

this court by petition ostensibly under 28 USC

Section 1^46 to remove prosecutions of criminal cases

from various courts of the State of Mississippi to

this court. Thus far this court, recognizing the

exigencies of the situation as it has existed with

respect to many non-resident attorneys who have

been undertaking to advise and represent the parties

involved in the aforementioned proceedings, has

permitted and instructed the Clerks of Courts to

accept for filing many petitions which were ineptly

drawn, carelessly prepared and in fact of questionable

validity to accomplish the removals sought. In many

instances, these petitions have stated, on information

and belief, alternatively that the person for whom the

petition was being filed was being prosecuted in a

municipal court, a Justice of the Peace Court, County

OoW* or Circuit Court, and that such person was in the

custody olthur of a municipality or in the custody of the sheriff or jailer of a county. A number of these petitions have undertaken to name

as petitioners as many as upwards of 90 people. Very

few, if any, of these petitions have stated with

certainty the charge upon which the petitioner or

petitioners was or were being held or prosecuted and

very few, if any, have cited with accuracy the statute

upon which the claimed prosecution was predicated.

In many of these cases, ancillary writs

of habeas corpus have been sought to direct the Marshal

of this district to take the petitioner or petitioners

into his custody and process or orders prepared by

attorneys presenting such petitions have been infected with the same vice as the petitions aforementioned. That

is, said process or orders have stated custody alternatively

or incorrectly.

Very few, if any, of said petitions have

been accompanied by an affidavit stated on personal

knowledge and the affidavits submitted as the verification required by statute usually have been in broad and general

terms on information and belief.

Very few, if any, of these petitions have had attached to them a copy of the affidavit or indictment by which the prosecution sought to be removed was initiated in a court of the State of Mississippi.

- 2 - And, very few, if any, of such deficiencies in said

petitions have been supplied, although some of these

petitions have been pending in this court for weeks.

Attorneys signing as representing

petitioners have been careless about serving notice

copies of the removal proceedings or petition on, or

filing them with, clerks of the state courts or on

or with justices of the peace (where the removal is

attempted from a Justice of the Peace Court).

The foregoing situation has created

confusion in the courts of the State of Mississippi

from which removals have been sought and in fact has

created confusion in courts in which no prosecution has been pending against the person seeking to remove a prosecution to this court. And, these conditions have created confusion in this court and on the part of the Marshal of the Northern District of Mississippi and his deputies in their efforts to take into the

Marshal's custody the petitioner or petitioners seeking removal to this court and they have been required, in compliance with the writs of habeas corpus or the orders of this court issued in lieu of a writ of habeas corpus, to waste much time and travel many unnecessary miles because of the inaccurately prepared petitions aforementioned and the inaccurately prepared process and orders aforementioned.

- 3 - To avoid any continuation of such confusion and uncertainty, the following rules are hereby adopted and published by this court for the guidance and use of all concerned:

1) The style of the case as shown by the petition by which removal is sought to this court will be the same as the style of the case in state court. For example:

(a) The State of Mississippi v.

John Jones.

(b) The City of Beeville v.

John Jones.

2) Petitions alternatively styled such as

"State of Mississippi or City of Beeville" are not acceptable and will not be filed in this court.

Such petitions must designate with certainty whether the criminal prosecution sought to be removed is a state case or a municipal case and the state court in which the case is pending must be named with certainty.

For example:

(a) Police Court of the City of

Beeville, Mississippi.

(b) The Justice of the Peace Court

for the Third District (or Beat)

of Willow County, Mississippi,

(H. R. Higgins, J. P.)

- k - (c) County Court of Willow County,

Mississippi.

(d) Circuit Court of Willow County,

Mississippi.

3) The petition for removal will have attached to it as an exhibit a correct copy of the affidavit or indictment which is the basis for the prosecution in state court, or an affidavit of at least one attorney of record for the petitioning defendant, stating with particularity and on his own personal knowledge what was done by him to procure such copy and why it is impossible to attach such a copy to the petition. In the event such a copy is not available at the time of the filing of the removal petition, a correct copy of such affidavit or indictment will be filed in this court within three (3) days after the petition is filed.

k) The petition for removal shall contain a short and plain statement of facts which entitles petitioner(s) to removal and will specify with eei-lainty the facts alleged on personal knowledge and those alleged on information and belief, the petition will be verified by the affidavit(s) of petitioner(s) or it will be verified by the affidavit of at least one attorney of record for the petitioner(s).

If verified by an attorney (or by attorneys) the petition will

- 5 - bv accompanied by an affidavit of such attorney(s) showing clearly and in detail, on the personal knowledge of the attorney, why the petitioner(s) could not personally verify the petition.

5) Petitions will be prepared on bond paper of standard legal size and will be typewritten, double spaced. Mimeographed or other such multiply reproduced form petitions are not acceptable and will not be filed in this court.

6) Each such petition for removal will be prepared for only one petitioner-defendant, except that where more than one defendant is charged in state court in a single affidavit or indictment, one petition may be prepared and filed for all

(or less than all) of such defendants.

7) If the petitioner(s) is (are) in actual custody on process issued by a state court (or as the result of arrest without process) and he (they) wish to be taken into the custody of the Marshal of this district, the petition for removal may contain a prayer for the issuance of a writ of haveas corpus as authorized by 28 USC

Section l¥f6 (f), or, a separate motion or petition for the issuance of the writ of habeas corpus may be used. In either event, such request, in whichever form presented, must be supported by an allegation, verified by affidavit, as to where

- 6 - The petitioner(s) is (are) in custody and which officer has him (them) imprisoned. For example:

(a) Petitioner is now in the actual

custody of the Sheriff of Willow County,

Mississippi, at the County Jail in Beeville,

Mississippi.

(b) Petitioner is now in the actual

custody of the Chief of Police (City Marshal)

of the City of Beeville at the City Jail in

said city.

8) Either a proposed form of order to direct the issuance of a writ of habeas corpus by the

Clerk of Courts and a proposed form fsr such writ in triplicate in approved, legally acceptable certain language and format, will be presented to the District

Judge of this district (or a judge designated to sit in and act for this district) for his approval at the time the prayer for such writ is made, or, a proposed form of order in triplicate will be so presented for use in lieu of a writ of habeas corpus, directing the Marshal to take the petitioner(s) into his custody. If the latter method is used, the proposed form of such order will contain language in substance reciting that it is entered and issued in lieu of the writ of habeas corpus and that a certified copy thereof will be authority for the

Marshal to act in accordance therewith, and that the

- 7 - Marshal shall deliver a true copy thereof to the person from whom he takes custody.

9) A true notice copy of the petition for removal will be served promptly on the attorney responsible for prosecuting the case in state court and on the clerk of the state court or filed with him,

(or the justice of the peace, if it is being removed from a Justice of the Peace Court) from which the removal is being made. A certificate of such service and filing signed by an attorney admitted to practice in this court will be filed in this court within three (3) days after such service. If such service and filing is made by one not an attorney at the Bar of this court, an affidavit of such service and filing on the personal knowledge of such person will be filed in this court within said time. If a writ of habeas corpus is issued (or an order in lieu thereof), service of the notice copy will be made, if possible, before or at the time the Marshal takes custody.

It is,

ORDERED:

That the foregoing rules shall be in full force and effect in this court from and after the

27th day of August, 1964.

This the 24th day of August, 1964.

/S/ Claude F. Clayton CLAUDE F. CLAYTON DISTRICT JUDGE PRESENT STATUS OF CASES SEPT. 4, 1964

;ase files 1 through 7 are closed. Am****?"

#8 State of Mississippi v. Willie Goo^ioe #|CR 6450 Delta Division The state is now in the process of furnishing a memorandum brief on their motion to remand. They have 15 days from Aug. 28. When we receive their brief, we have 15 days to answer.

City of Clarksdale v. Marie Getge #DCR 6448 n We have until SEPT. 13 to file an answer to the city's brief on their \y motion to remand.

#10 tamer et. el. v. City of Clarksdale (no docket #) Application for a TRO to restrain registrar from not registering Negro applicants. Was this suit ever filed? If so what has happened?

#11 State of Mississippi v. jStokel. Carmichael DCR 6430 (Tallahatchie Count) Case removed on Jul 17. No indication of any attempt to remand.

#12 City of Clarksdale v. Stolel Carmichael DCR 6427 Removal petition filed on Jul. 15. A motion to remand was later filed, but no further papers are in the file.

#13 Peter Cummings; case closed.

#14 Howard Glushakow Case ECR 6435 Eastern Division Case file in Jackson

#15 File missing (might be in Jackson)

#16 GalIowa , Bernard, and Fraser ECR 6434 Eastern Division Case File in Jackson.

#17 Brooks, Dixon, and Miller v. City of Clarksdale and State of Mississippi DCR6451 Delta Division Removal petition filed on Jul. 28, 1964.

#18 & #19 cases closed.

#20 Name unknown and case file in Jackson.

#21 Fraser & Bridgeforth Attacked in Starkville b, a demented person. Thinking of bringing an action. No record of an thing being filed--check with Jackson.

#22 Dave KemciaH--case closed

#23 State of Mississippi, Cit of Holl, Springs v. Larr Rubin WCR 6430 Oxford Division Removed and the cit *s motion to remand filed on Aug. 5. Cla.ton gave Holl Springs 15 da s for a brief and then we have 15 da s to repl. . No indication in our files that Holl Springs has filed its brief.

#24 Elwood Berry v. Cit of Holl Springs, State of Mississippi. DCR 6431 Oxford Division Removed and a motion for remand filed. 15 da. letter from Cla. ton dated Aug. 5. Remand later abandoned.

#25 &26 Charles Scales and Ural Ta lor cases closed.

#27 Cit of Holly Springs, State of Mississippi v. Cleveland Sellers WCR 6437 Arrested on Aug. 1. Removed on Aug. 7. No mention in files of an thing past the removal petition.

#28 George Zeidenstein (LCDC Law er) case closed.

#29 Steve Fraser, case #2. Trial date set^on Aug. 10. Case was continued and no further notation in the files.

#30 James E. Jackson Picked up for leafletting in Columbus and sent to Parchman for a parole violation of a 1962 conviction for which he had alread served two .ears. A habeas corpus petition was drawn up but apparently not filed. Our files give no indication that he is not still in Parchman.

#31Fa>ette County Election File Next to nothing in our files. No indication that an. litigation was begun. PRESENT STATUS OF CASES SEPT. 4, 1964 PAGE 2

32 Don White and Robert Lavelle Clients advised to plead guilty on all four charges. No indication as to the outcome of the case.

k33AClaude Weaver v. City of Batesville, /(County of Panola and State of Mississ ippi. Case removed Aug. 7. Motion to remand filed and 15 days notice given to each side b> Clayton. Their brief was filed on Aug. 26. Our brief is there fore due on Sept. 10. DCR 64-53 Delta Division.

33BBenjamin Graham v. City of Batesville, County of Panola and State of Mississ ippi. DCR 64-54 Delta Division. Same situation as case #33A. Our brief due on Sept. 10. They combined the two briefs, so we should be able to do the same.

k34 & #35 Peter Cummings and Matt Zwerling. Cases closed.

36ACit of Drew v. Eddie B. Williams GCR 6449 Case remanded on stipulation that charges be dropped. No indication in our files that the charges actually were dropped.

>36BCit> of Drew v. Fred D. Miller Jr. GCR 6450 Exact same situation as case #36A

#36CInjunction against the City of Drew Civil action by us attacking the ordinance in cases #36A and 36B. We have not filed it yet. Will we follow through?

'37 Attempt to integrate the Holly Theater in Holly Springs. Possible action under the 1964 Civil Rights Bill. We have not filed any thing yet. Will we?

fc38AHaskell A Kassler v. City of Marks, County of Quitman, State of Mississippi DCR 6455 Delta Division Removed on Aug. 8. Remand motion filed on Aug. 25. Remand brief filed on Aug. 29. We have until Sept. 13 (or Monday. Sept. 14) to file our answer brief.

#38BKas8ler's Damage Suit DCR 6460 Our complaint filed on August 27. McArthur (the defendant) has until Sept. 16 to file his answer.

#39 Larry Rubin Refund Case Attempt to recover $98 in illegal fine money. According to our files, nothing has been done so far and nothing filed.

) Hollida Inns Our file contains a draft of a complaint under the 1964 Civil Rights Bill to desegregate the Holiday Inn. Apparently nothing has been filed so far.

•I, #42, and #43, City of Marks, Robert Feinglass, and Arkansas SNCC cases either dropped, closed, or transferred out of our jurisdiction.

F44AJohn H. Beard Lost his job because of Civil Rights Activity. Will we do anything?

tBGinevera Beaves Same as #44A

#45 lames Alfred Perry Apparently tried on Aug. 15 in state courts. What happened?

46 David Kendall case closed.

y7 Frank Cieciorka v. City of Holly Springs, State of Mississippi WAR 6438 Case removed on Aug. 17. According to our files, no further action.

i7AFrank Cieciorka Arose out of in incarceration in case #47. Trial date in state court in dicated as Aug. 26. No mention of the outcome of the trial or any attempt at removal.

#48 Marshall County voting Basically, a description of the Holly Springs Freedom Day. Should be refiled.

'49 Title on the file folder is "Thomas Connelly (Lawyer)" lothing whatsoever is in the film. Present Status of Cases Sept. 4, 1964 Page 3

#50 Marshall County Public Buildings Courthouse has discriminatory signs. Will we do anything?

#51 Miss Deborah Fiynn Insurance Coverage file Should be refiled.

#52 State of Mississippi v. Rose Kendrlck DCR 6456 Removal petition filed August 20. No response to it shown in files.

#53, 54, and 55, Cecil Jones, Lee Hoffman and Dick Moore, and Steven §. Fraser cases closed. Case #55 not closed--see below.

#56 John Quinn Brisben v. State of Mississippi ECR 6459 Eastern Division Removal petition filed on Sept. 3.

#55 State of Mississippi v. Steven Fraser Has convicted and paid $50 fine in state court. We should write his father about posting an appeal bond. Case should be removed with Brisbane to show a pattern of denial of equal protection.

#2 City of Clarksdale v. Rev. J.D. Rayford DCR 64-28 Was faultily removed and an amedded removal petition is now being prepared for imminent filing. Too late to perfect appeal in state courts.

F57 Suit against City of Drew's protective custody order. Suit dropped when order was rescinded.

#58 George Lee Jones v. City of Indianola Arrested on July 18 charged with assault and assisting arrest. He is now in the Sunflower county farm. Trial coming up very soon. Case should be removed AT ONCE.

#59 Adele Howard, Andrew Moore, Essie Carr, t4Mtt/%414tl4 v. City of Amory Arrested ioxtiiiiiHH^iliM disturbing the peace. Trial in state is Sept. 10. Cases should be removed.

HO City of Starkville v. Ron Bridgforth ECR 6458 pa Status of case uncertain. Might have been removed. %i£At/Mti/tfid the fine leaving us with the choice of whether to appeal. Definately paid the fine. MISSISSIPPI DOCKET

September 21, 1964 DOCKET

FEDERAL COURT CASES A„ Removals.

ANGUILLA 1- DOUIS GRANT V, TOWN OP ANGUILLA 2. ROBERT WRIGHT Y. TOWN OF ANGUILLA (So D. MISS.) Crim. Act.Nos. 4373, 4374 Grant and Wright were arrested in Anguilla, Sharkey County, 8/11/64 on a charge of littering,, COFO workers, they were distributing handbills urging Negroes to register to vote. They were held in the county jail in Rolling Fork until the next day, and were not permitted to make a phone callo They were released 8/12/64 on $200 cash bond, trial set for 8/26. 8/24/64 petition for removal filed in federal court. Motion to remand viled 8/29/64, No hearing date set yet. BATESVILLE 1. BENJAMIN GRAHAM V. CITY OF BATESVILLE, ET AL (No Do MISS,) - No, 6454 2. CLAUDE WEAVER Y. CITY OF BATESVILLE, ET AL (N. Do MISS.) - No. 6453 8/3/64 Weaver and Graham, COFO volunteers, were arrested in parking lot of Panola County Courthouse, where they were taking names of potential voter registrants who could not register because registrar's office was closed (counter to order of N. D. Miss, See ). Charged with failure to leave the courthouse and obstructing an officer, each released on payment of $200 cash bond, pending trial in Jo P. Ct., Panola County, 5th beato 8/9/64 petition for removal filed. Motion to remand filed 8/18» Brief in support of remand filed 8/28= Brief in opposition filed 9/19o CANTON 1. (13 Defendants) CAROLE MERRITT, ET AL Y. STATE OF MISSo

(. S. Do MISS.) • 1/23/64 8 defendants arrested while distributing leaflets and charged with disturbing peace and publishing libelo 1 defendant charged with contributing to delinquency of minor. 2 defendants arrested week of Jem. 16 on charges of disturbing peace predicated on alleged intimidation of a Negro woman who refused to support the boycott. 1/24/64 - Carole Merritt, Vassar graduate working for 2.

SNCC, arrested for published libel and contributing to delinquency of a minor» 2/7/64 - Two COFO workers arrested for disturbing the peace, for allegedly intimidating a Negro seeking employ ment at a boycotted restaurant. Defendants above tried Municipal Court of Canton 2/3/64, except those arrested 2/7/64, tried 2/10/64. Each was sentenced to 6 months and $500 fine for each offense. Bond of $500 per charge set. Defendants spent over a month in jail because unable to make bail. Petitions for removal filed - June 1964. Answer and motion to dismiss and remand August 7, 1964. Hearing fed. disto court Aug» 14, 1964. 2. (52 defendants) EARNEST L. ALEXANDER, ET AL V, STATE OF MISS, (S. D. MISS.) 5/29/64 - Mass arrests occurred during Canton "Freedom Day" when Negroes left Mount Zion Baptist Church to walk to the courthouse to register to vote* Following the arrests, defendants were held incommunicado for 2 days. 25 are charged with parading without permit; 24 with picketing; 2 with obstructing sidewalk. One defendant, McKinley Hamblin, was beaten unconscious, hospitalized, and later charged with disturbing the peace and resisting arrest. Trial was set for 6/8/64. Petition for removal filed, June, 1964. Answer and motion to remand filed 7/24/64. Hearing on remand held 8/14/1964.

3. STATE OF MISSo V, SOLOFF (So Do MISSo) 8/1/64 - Rabbi Soloff and 5 COFO workers arrested under Canton ordinance prohibiting distribution of printed information without permit. Defendants were passing out Freedom registration forms. Petition for removal filed August 3, 1964.

CLARKSDALE 1. MARY BROOKS, MARY DIXON, and IRMA JEAN MILLER V. CITY OF CLARKSDALE (No Do MISSo) DCR 6751 7/20/64 - Arrested for trespass when they sought service in the heretofore "white" section of the Hamburger Cafe - released on bail, $51 each. 7/23 trial in police court (not a court of record), entered nolo pleas and were fined $100 each. Released on appeal bond of $202 each pending trial in Coahoma County Circuit Court. 7/28 petition for removal filed. No answer. 2. MARIE GEORGE V. CITY OF CLARKSDALE (No Do MISS.) No. DCR 6448. 7/8/64 - White COFO worker in Clarksdale City Hall to observe a criminal trial was refused permission to enter 3.

the courtroom and retired to wait in a stairwell, where she was arrested and charged with taking a photograph in City Hall. At 7/13 arraignment, she pleaded not guilty. Case continued to 7/25» 7/22 petition for removal filed. Motion to remand filed on or about 7/29. Brief in support of remand motion filed 8/15- Brief in opposition filed 9/15.

3. WILLIE GOODLOE V. STATE OF MISS. (N. D. MISS.) DCR 6450 7/8/64 - Rev. Goodloe was put in Coahoma County Jail in Clarksdale and charged with selling cotton subject to a landlord's lien. Bail set at $1,000. Petitioner, about 2 years active in civil rights activities, has been harassed by having criminal suits of a similar nature brought against him. He was forced twice to settle claims he alleges he did not owe for a total of $348.70. He owed $25. With full knowledge of the county prosecutor, white local counsel visited Goodloe in jail. Goodloe, however, chose to retain volunteer lawyer. Petition for removal filed 7/27. Motion to set bail filed 7/27, granted same day. Bail fixed at $300. Habeas granted 7/27„ Released on payment of $300 7/28. Motion to remand filed 8/28. Coahoma County brief due 9/15, brief for petitioner within 15 days from filing.

4. STATE OF MISS. V. REV. J. D. RAYFORD (Coahoma Cty. Circuit) REV. J. D. RAYFORD V. STATE OF MISS. (N. D. MISSo) Civ. Act. Defendant, active in summer project, was arrested 6/24 in Clarksdale and charged with drunken driving and reckless driving, both of which he flatly denies. At trial in Municipal Court in Clarksdale, 7/2/64, Judge Connell refused to permit out-of-state volunteer lawyers to participate. Rayford pleaded nolo, was found guilty on first count, and fined $110. Appeal bond of $220 posted, trial de novo. Petition for removal filed 7/13/64. Motion to remand filed. In chambers 9/17 Judge Clayton indicated that since, in his belief, the removal petition was improperly filed, state court proceedings are not stayed.

5. WILLIE LEE SCOTT. ET AL V. COUNTY OF COAHOMA (No Do MISS.) DC 6436 Plaintiffs, 5 Negroes, arrested 8/2/63 at lunch counter in Walker's Walgreen Drug Store after being refused service and asked to leaveo Charged with trespass, released on bond. Petition for removal filed 5/64, motion to remand filed 8/16/64. Brief in support of motion to remand due 10/3/64. Brief in opposition due 15 days from date of filing of supporting brief. 4.

COLUMBUS 1. HOWARD Bo GLUSHAKOW, ET AL V. STATE OF MISS. (No Do MISS.) Criminal Action ECR 6434. On 7/1/64 Glushakow, a white SNCC worker, was arrested and charged with improper driver's license, registration, inspection stickers, and passing on the right. On 7/8/64, the three co-petitioners, also SNCC workers, were arrested while canvassing voter registrants, and charged with tres pass. Petition for removal filed 7/9/64. 2. STATE OF MISS. V. JOAN QUINN BRISBEN (No Do MISSo) Criminal Action No. ECR 6459 White Chicago teacher working for COFO arrested 9/1 at road block on Highway 82, charged with improper license and tag, and failure to have Miss, license inspection sticker. She had valid Illinois license and was within time limit for nonresident drivers. Trial set for 9/5/64 Lowndes County, 5th beat J. P, Ct. Petition for removal filed 9/3/64 in Eastern Div., N. D. Miss. No answer to date.

DREW 1. JOE Bo SMITH Vo STATE OF MISS. (No Do MISSo) GCR 6460 On 8/13/64 Smith, a white COFO worker from New York, was arrested for "trespassing on school property" while talking peaceably with two Negroes on Hunter High School Playground in Drew. At 8/14/64 trial in Mayor's Ct. he was charged and convicted of "disturbing the peace by conduct which might have lead (sic) to a breach of the peace," and sen tenced to 3 months on the Sunflower County Farm and a $300 fine. Bond pending appeal for trial de novo in Sunflower County Circuit Court set at $500, which was posted. Trial date not yet set. 8/20/64 - Petition for removal filed. Motion to remand and brief in support of remand, 9/4/64. No hearing date set, GREENWOOD 1. CITY OF CLARKSDALE V. STOKELY CARMICHAEL (N. Do MISS.) DCR 6427 July, 1964 - Head of Greenwood COFO office arrested in Clarksdale, charged with failure to signal when turning. Released upon payment of $18 bond. Trial set for 7/16. 7/15/64 petition for removal filed in FDC, Delta Division. Motion to remand filed 7/21/64. No hearing date set. 5c

GULFPORT 1. STATE OF MISS. V. MILLER ) (S. D. MISS. STATE OF MISS. V. GOLDSTEIN STATE OF MISS. V. CLEVERDON

7/17/64 - Petition for removal filed. 8/15/64 - Hearing on motion to remand. Affidavits and counteraffidavits filed. Order to remand entered Sept. 14, 1964. Motion to stay remand order and notice of appeal to 5th Circuit filed Sept. 19, 1964.

HOLLY SPRINGS 1. ELWOOD BERRY V. STATE OF MISS. (N. D. MISS,) Criminal Action WCR 6437 7/24/64 - Berry, white COFO worker, arrested and charged with disturbing the peace by using profane language in public. Released on $500 bond pending trial in Marshall County Jo Po Ct. Petition for removal filed 7/27. Motion to remand filed 8/4. Briefs requested. 2. FRANK CIECIORKA V. CITY OF HOLLY SPRINGS (N. D. MISS.) WCR 6438 8/12/64, white COFO worker arrested for carrying a sign without a permit. Breach of peace charge added. Arraign ment 8/12 in Municipal Court. Petition for removal filed 8/17 in Western Div., N.D. No answer. 3. CLEVELAND L. SELLERS,JR. V, CITY OF HOLLY SPRINGS. ET AL (No Do MISS.) Criminal Action WCR 6437 Negro COFO worker was arrested 8/1/64 on premises of Ragsdale Chevrolet Garage, where he and another COFO worker, at all times peaceful, were inspecting the remains of a car in which one COFO worker was killed and another badly injured a few hours before. He was charged with "threatening to do bodily harm, attempting sinple assault- Breach of Peace." Released on $500 cash bail, trial set for 8/8 in J. P. Ct., 1st beat, Marshall County, 8/7/64 - petition for removal filed. No answer. 4. LARRY RUBIN V, CITY OF HOLLY SPRINGS (N. D. MISS.) Criminal Action WCR 6430 7/26/64 - White COFO worker arrested and charged with reckless driving. Petition for removal filed 7/27, motion to remand filed 8/4/64, Briefs requested. INDIANOLA

1. CHRISTOPHER HEXTER V, CITY OF INDIANOLA (N. Do MISS,) GCR 6461 Petitioner, a white COFO worker, arrested 8/16/64 while distributing leaflets in the city of Indianola along with several Negroes, Charged with distributing hand bills without a license. Convicted 8/17/64 in municipal court and fined $100, Bond pending appeal to Sunflower County Circuit Court for trial de novo set at $500. 8/20/64 petition for removal filed. Motion for remand filed 9/3/64, No hearing date set yeto

2. CITY OF INDIANOLA V. OTIS BROWN. JR.. ET AL (INDIANOLA FLICK-IN CASES) (N, D, MISS.) On Sunday, 9/6/64, a group of 5 whites and 3 Negroes was arrested for trespass while standing quietly on the property of the Bryant Chapel, a Negro church in Indianola. They had attempted to buy tickets at the "white" side of the "Honey Theatre" and, when refused service, returned to the church. When the police chief failed to secure an affidavit from a church trustee, charge was changed to refusing to obey a police officer. They were released on $100 bond each, on 9/8/64. Removal petitions for 7 defendants (one left the state) filed 9/12/64.

JACKSON STEVEN H0LBR00K V, STATE OF MISS. SOREN SORENSEN V, STATE OF MISS, (S, D, MISS,) 8/20/64 - Two defendants accompanied a Negro attempting to register to circuit clerk's office in Hinds County Courthouse in Jackson. Holbrook took several photographs inside courthouse, was immediately arrested. While waiting on a bench to hear the charges against Holbrook, Sorensen was arrested and charged with disorderly conduct, as was Holbrook; both in violation of House Bill 777, passed by Miss. Legislature 5/28/64. Bond for each defendant was fixed at $1,000. Petition for removal filed 8/21/64, along with motion for reasonable bail. 7.

2. STATE OF MISS. V. RUFUS ERIC MORTON STATE OF MISS. V. STEPHEN L. SMITH (S. D. MISS.) Criminal Action

7/15/64 - Morton (Negro) and Smith (white) were driving from Jackson to Canton, Miss., with two other persons, both Negro. Smith was driving a rented pickup truck, carrying voter registration material for use in Greenville and Greenwood. Outside of Jackson the city police stopped the vehicle and gave Smith a summons for improper license, later nolle prossed by city attorney. Truck was later followed and stopped by an unidentified person who refused to state his official capacity. Smith received a speeding summons; the two Negro passengers were told to walk back to Jackson (over 10 miles); Smith and Morton were then taken in separate cars to the Madison County jail in Canton, after Morton had been kicked, punched, and beaten with a gun by two of the Miss, officials. Smith, in police car, was beaten with gun and flashlight. 7/16/64 - At arraignment in Madison Cty. J. P. Court, Morton was charged with interfering with an officer and resisting arrest; Smith, with reckless driving and resist ing arrest. Released on. $150 bond pending trial. Petitions for removal filed, in Morton's on 7/29, Smith's on 7/29..

MARKS STATE OF MISS. V. ROSE KENDRICK (Marks Bigamy Case) (N. D. MISS.) Criminal Action DCR 6456 8/4/64 - Defendant attended a meeting for Marks residents and agreed to house summer project people( which she did). 8/15/64, the sheriff and his deputy called on her and told her to be at the county courthouse later that morning. The county attorney (Quitman County) told her she had remarried without a divorce and would be put in the penitentiary for 10 years. On 8/19, she was arrested for bigamy at her home. Bail was set at $500; LCDC volunteer Tonachel waived a hearing and on 8/20 filed a removal petition, along with writ of habeas corpus. Judge Clayton granted the latter, fixing bail at $300, which was raised. Mrs. Kendrick was released 8/21. Removal pending; bigamy charge seems unfounded, since her first spouse has been absent for more than seven successive years.

McCOMB 1. PERCY McGHEE V. CITY OF MAGNOLIA (S. D. MISS.) McGhee, a Negro COFO volunteer, was arrested for loitering 8/22/6.^ by the Sheriff of Pike County, while drinking a Coca-Cola in the county courthouse. Released on $55 bond; removal petition filed 8/27/64. No answer. 2. STATE OF MISS. V. WILLIE JOHN DILLON (S. D. MISS.) Dillon, a Negro resident of Pike County who lives just outside the city limits of McC'onb, Mississippi, heard an explosion (dynamite blasting cap - the dynamite failed to explode) on the front lawn of his home at approximately 4:00 a.m., August 28, 1964. He called the FBI and the Sheriff of Pike County, R. R. Warren. 8.

When the sheriff arrived in response to Dillon's call, he noticed a car on which Dillon had been working on the front lawn (car belonged to a summer volunteer). Sheriff Warren then arrested Dillon for stealing elec tricity (having noticed a wire running from the electric post behind Mr. Dillon's house to a light in the yard) and operating a garage without a license, Mr. Dillon was held literally incommunicado until 3:00 p.m. the same afternoon, at which time he was tried, convicted and sentenced to a total of 9 months in jail and fine of $600. He was not allowed to see or speak with counsel or his wife» Indeed, the sheriff and county attorney conspired to prevent counsel from seeing or speaking with Mr. Dillon. Petition for removal filed in federal district court 9/19/64. 3. STATE OF MISS. V. ROY LEE (S. D. MISS.) Roy Lee, a 23-year-old Negro resident of McComb, Miss., was arrested August 15, 1964 and charged with obstructing justice, threatening the life of a policeman, and disturbing the peace. He had gone to the scene of the bombing of a Negro-owned grocery store located approximately two blocks from his home at about 12:50 a.m. August 15, 1964. When he arrived on the scene he fell to his knees and began praying aloud, "Lord, when is it going to end . . . . " He was persuaded to leave the scene by his companions (COFO workers). He then went to the Freedom House where he calmed down. He went back to the scene a second time, and again began to pray aloud, A policeman known as "Big John" came toward him while he was on his knees, with a gun or club raised as if to strike Lee. The COFO workers covered Lee with their bodies, imploring the police officer not to strike him. They again took him back to the Freedom House, where he discovered he had lost his house show. As he was re turning down the street looking for his house shoe, two police officers approached and arrested him.

Case removed August 24, 1964. Motion to remand filed September 1, 1964. Hearing on the motion scheduled September 11, 1964. On that date, Judge Cox continued the hearing, now scheduled for September 24th-, Federal ~ -District Court, Biloxi, before JudgeJH-ze". MERIDIAN---^,. 1. CITY OF MERIDIAN V. FREDDIE LEE WATSON, ET AL (S. D, MISS,) 9 Defendants 5/23/64 - Watson arrested while distributing leaflets outside Newberry's Dime Store urging boycott of downtown stores. 5/30/64 - Hosley arrested while distributing leaflets in front of Woolworth's and charged with "interfering a man's business." Released on $50 cash bond. 5/30/64 - 6 others arrested outside Woolworth's and Kress' after distributing literature. 3 defendants were charged with being "dangerous and suspicious." 3 others placed under arrest for "investigation." 9.

MERIDIAN FREDDIE LEE WATSON, cont.

5/31/64 - All released in jail. 5/30/64 - 1 defendant arrested in Woolworth's and charged with disorderly conduct. 6/1/64 - 8 defendants arraigned in Juvenile Court without counsel. Bond set at $50 per person. Trial set for 6/3/64, continued to 6/10/64, charges changed to "conduct likely to lead to breach of the peace." On 6/10/64, the morning of trial, petitions for removal filed Fed. Dist. Ct., S.D. Rejected because not filed in duplicate. State court tried and convicted defendants. 6/12/64 - habeas corpus petition filed Fed. Dist. Ct. and denied. Motion for t.r.o. enjoining city officials from executing sentences granted. Petitions for removal per fected. Motion to remand 6/30/64. Motion for stay pending appeal to 5th Circuit and notice of appeal to the 5th Cir. filed 7/14/64. PASCAGOULA PASCAGOULA REMOVAL CASES (S. D. MISS.) 62 persons arrested while attending a voter registration meeting 8/4/64 in Pascagoula. 55 charged with breach of the peace, 7 with possession of obscene pictures. County officials and Pascagoula police, after warning the previous week that voter registration meetings would be dispersed, arrived 50 strong, armed with revolvers, rifles and billy clubs, in bus and cars. Also had tear gas. About 40 whites were peacefully watching. At one point, police ordered the meeting to disband in 5 minutes. Upon refusal, all were jailed in Jackson County Farm Jail.

At 8/5 trial, counsel had only 30 minutes to confer with any of petitioners. Continuance granted until 8/10/64. Some released on bail, others stayed in jail. 8/11/64, petition for removal filed; amended petitions filed 8/25/64. Motion to remand filed 9/16/64. Hearing set for 9/23/64.

PHILADELPHIA STATE OF MISS. V. SCHIFFMANN Defendant arrested 9/14/64 during "Freedom Day" in Philadel phia. Charged with failure to obey officer. Out on $500 bond. Trial scheduled for 10/26. Removal drawn up. RULEVILLE M. C. PERRY V. CITY OF RULEVILLE (N. D, MISS.) GCR 6459 Perry, 11th grade SNCC worker, arrested 8/15/64 for disturb ing the peace when he failed to bring a parent with him to Ruleville Negro High School to discuss civil rights activities with principal. Unrepresented by counsel, he was convicted same day in Mayor's Ct. and sentenced to 30 days on the Sunflower County Farm and $100 fine. 10.

RULEVILLE M. C. PERRY, cont

Incarcerated until 8/15, paid $500 bond pending appeal for trial de novo in Sunflower County Circuit Court. 8/24/64, petition for removal filed. No motion to remand received as yet,

STARKVILLE RONALD BRIDGEFORTH V. CITY OF STARKVILLE (N. D. MISS.) ECR 6458 8/13/64 Bridgeforth, white COFO worker, went to J, P. Ct. to pay a parking ticket. When told he had to be finger printed and mugged, he asked to see the law, and was told there was no copy there. He asked for legal advice, paid the fine, but was jailed. 8/14, $500 bail paid and judge held Bridgeforth in contempt of court and sentenced him to $50 fine and one day in jail. Counsel not notified of hearing, which was 8/15. Judge asked if he would be fingerprinted and mugged. When he asked to see a lawyer, the judge held him in contempt again, sentenced him to $50 and another day in jail. 8/16 - fingerprinted and mugged when jailer told him his lawyer knew about it. Fines totalling $100 and $23 costs were paid. Trial set for 8/18 on charge of refusing to be fingerprinted and mugged. Petition for removal filed August , 1964. 11,

B. Affirmative Federal Cases

ABERDEEN STATE OF MISS. V. WARREN GALLOWAY, ET AL (N. D. MISS.) 3616 (J) (C) Sept. 5, 1964, 19 Negro citizens of Aberdeen, Monroe County. Miss., entered Tom's Restaurant and requested service. Upon refusal to go around to back entrance, police were called. Defendants arrested and charged with trespassing. All re leased on bail. Trial set for October 7, 1964, Municipal Court. Complaint under CRA to enjoin prosecution of defen dants and further discrimination in restaurant's facilities to be filed Sept. 21, 1964.

DREW GEORGE WINTER, ET AL V. W. 0. WILLFORD, MAYOR, ET AL (N. D. MISS.) Civil Action GC 6448 8/14/64, a Friday, Mayor Willford of Drew! issued a proclama tion that at the end of the working day all civil rights workers be taken into protective custody and held in city jail until the next normal working day of police. Motion filed 8/ ./64 Fed. Dist. Ct. for t.r.o. and. order to show cause why t.r.o. shouldn't be permanent. Winter and three others who intended to stay the night at a Negro woman's home were seized and held without charge overnight. Hearing held 8/27/64, 8/28/64 Drew Board of Aldermen met, decided to rescind the 8/14 proclamation, which the mayor did by order 8/31. Judge Clayton dismissed the complaint.

JACKSON TOM ATKINS, ET AL V. ELITE RESTAURANT, ET AL (S. D. MISS.) Civil Action No. Class action under Title II, Civil Rights Act, to enjoin Elite, two Primos, Lindy's Pancake House, People's Cafe, and Mayflower Cafe - Jackson restaurants, from refusing service to Negroes. Each of the restaurants was tested on 7/30/64. Suit asks $100,000 damages from each defendant, in addition to costs; filed 8/ /64. No answer.

COFO, ET AL V. MISSISSIPPI FAIR COMMISSION (S. D. MISS.) Suit arose from Commission's failure to rent Coliseum to COFO for August 18th folk festival. White and colored entrances with signs maintained. Motion for t.r.o. filed 8/6/64 seeking preliminary and permanent injunction against further segregation in Coliseum. Hearing 8/14/64. Affidavits requested and submitted. Judge granted injunction against further segregation of premises but denied COFO '_s_ request to rent. 12,

JACKSON EVERS, ET AL V. PERMANENT CAPITOL COMMISSION (S. D. MISS.) Civil Action No, 3624(J)(C) Class action filed 8/28/64 calling for desegregation of facilities in state office buildings and capitol in Jackson—rest rooms, water fountains, lunch counters, etc. No answer filed or hearing date set yet. Interrogatories due 10/21/64, 13.

II,

CRIMINAL ACTIONS IN STATE COURTS

ABERDEEN

1 - r'ITY OF ABERDEEN V. H. L, CLAY 2. CITY OF ABERDEEN V, WILLIE PEARS 3. CITY OF ABERDEEN V. J. J. MOORE 4. CITY OF ABERDEEN V. GEORGE ROBINSON Defendants, residents of Aberdeen, arrested Sept. 5th, shortly after 19 others had been arrested, at Tom's restaurant. Clay charged with (a) resisting arrest; fb) impeding an officer; (c) public drunkenness; and (d) assault upon an officer. Out on total of $1350 bond. Pears charged with obstructing justice; Moore charged with "following too closely;" Robinson charged with "following too closely" and improper muffler. Trial for all 4 scheduled 9:00 a.m. Sept. 23, '64 in J. P. Court of Aberdeen, Judge J. H. Miller.

BATESVILLE STATE OF MISS. V. WASHINGTON STATE OF MISS. V. PALMER Two COFO workers arrested 9/16/64 in Batesville, charged with speeding and passing stop sign. Have been consistent arrests by same policeman, so decided to contest. Bond set at $150 each. Trial police court, Batesville 9/17/64; out-of-state attorney rejected. Defendant Washington con victed and sentenced to 100 days and $500 fine. Bond set at $2,000—later reduced to $1,700. Palmer sentenced to 90 days, #500 fine—bond set $2200, reduced to $1400. During trial Washington was summarily held in contempt for consulting with counsel.with judge's permission. Fined $50 and one day. • -. Benjamin Graham, in courtroom, also held in contempt, for "sneering" in courtroom. Bond set at. $500. Morton Thomas, another COFO worker, arrested at courtroom and charged with "conspiring to breach peace," $500 bond set. Negotiating with prosecutor. Trying to raise bail, as unlikely motion to reduce bail will work. Will probably remove. Incredible events surrounding trial. 14.

BILOXI

STATE OF MISS. V. JAMES BLACK (Municipal Ct., Biloxi) 8/22/64 - Defendant went with 4 teen-age Negro girls to Baker's Restaurant in Biloxi to test CR Act. They sat at counter, were refused service and told to leave. When they didn't move, police were summoned and Black arrested for trespass. Released on $300 bond. At 8/27 trial in municipal ct,, decision reserved pending brief and/or oral argument. Brief noted 9/4. Case still pending. Judge has reserved decision pending U. S. Supreme Court's decision in Maddox.

CANTON 1. STATE OF MISS. V. GEORGE WASHINGTON. JR. (J. P. Ct., Madison County) 9/17/64 - Defendant arrested, charged with carrying concealed weapon. Out on $750 bond. Trial set for 9/21/64,

2. STATE OF MISS. V. JOE LEE WATTS (J. P. Ct., Madison County) Watts is charged with arson in the 8/11/64 burning of the Mt„ Pleasant Church in Canton. State highway police say Watts confessed the next morning; Watts was held incommu nicado in Madison County Jail several days. At 8/31/64 preliminary hearing Watts was bound over for grand jury action and released on $500 bail.

CARTHAGE STATE OF MISS. V. CLYDE HARVEY (Circuit Court, Leake County) Harvey, a Leake County resident arrested 7/10/64, was charged with possession of intoxicating liquor in his home—had 2 cans of beer from party held for white summer volunteer workers. Was released same day by J. P., however no trial was held nor any plea entered. He re turned to J. P. 3 times to find out what his penalty was and was told not to come back any more. Arrested 9/9/64 and jailed. No bond set, and officials claim he let time for filing notice of appeal lapse. He claims he never had a trial. Writ of oram obis filed circuit court Leake County 9/19/64.

MADDEN (NEAR CARTHAGE) STATE OF MISS. V. HEININGER STATE OF MISS. V. POLACHEK (Jo P" Ct°' Leake CountY) Polachek went to the Madden Clinic 7/30/64 - left, after being called a "nigger lover," because of the hostile atmosphere. Returned next day with Rev. Heininger, NCC minister; they were assaulted by Dr. Thaggard and about ten others. Rev. Heininger knocked unconscious, Heininger and Polachek both.prevented from leaving. County constables 15. STATE OF MISS. V. HEININGER, POLACHEK, cont,

arrived and arrested them for disturbing the peace. They were put in Leake County Jail in Carthage, held a couple of hours without medical attention, released on $100 bail each . Trial set for 8/27/64, but continued. Prosecutor told Sokolow, President's Committee, that he wasn't interested in pressing charges. No definite offer from prosecutor yet. Must be checked on. Petition for civil suit drawn up,

COLUMBUS CITY OF COLUMBUS V. STUART ERWIN (J. P. Ct., 2nd Dist., Lowndes County) Erwin arrested 9/13/64, charged with improper driver's license. Trial set for 9/17/64 but county attorney "was ill." Case continued to 9/22.

DREW STATE OF MISS. V. FRED R. MILLER and EDWARD B. WILLIAMS (Circuit Court, Sunflower County>) Defendants arrested 7/30/64 in Drew, for allegedly distributing handbills without a permit, though arresting officer had only seen them put some in a pickup truck. On 7/31 they were convicted in Mayor's Court, sentenced to $100 fines and 30 days at the Sunflower County Work Farm. Appeal bonds of $200 each were filed for trial de novo in County Court.

GREENWOOD CITY OF GREENWOOD V. PETER KAISER Kaiser was arrested 9/8/64, charged with interfering with an officer. Released on $200 bail 9/9/64. At trial 9/14, pled not guilty and was acquitted. HATTIESBURG 1- STATE OF MISS. V. LAWRENCE GUYOT (Supreme Court of Mississippi) Guyot was arrested in Hattiesburg 1/24/64, charged with contributing to the delinquency of a minor. Convicted and sentenced to 6 months and $500 fine. County and Circuit courts affirmed conviction. Appeal filed Miss. Supreme Court about July 22, 1964. Brief due 10/1/64. 2» STATE OF MISS V. HENRY HUEY BAILEY (County Court, Forrest County) Bailey, a COFO. worker, was arrested 9/9/64 in Hattiesburg on 5 counts of false pretenses, in that he did "wilfully, unlawfully and feloniously, with intent to defraud, make, issue, and deliver to Lawrence Hession, Sr. for value" 5 checks without sufficient funds. Arraignment held 9/10. 16,

HATTIESBURG - STATE OF MISS. V. HENRY HUEY BAILEY, cont. Despite the fact that the name of the person signing the checks was "Henry L. Bailey," and defendant's name is Henry Huey Bailey, and despite the totally different handwriting of defendant from that on the checks, he was bound over for grand jury action in October, Bail of $1500 per count set—$7,500—and Bailey remains in jail. Have requested preliminary hearing, scheduled week of 9/21/64.

INDIANOLA 1. IN RE THEO HARRISON 8/28/64 - Eight juveniles arrested at Negro high school and charged with disturbing peace, entering school grounds. Charges against three dismissed; four declared delinquent, placed on probation for 6 months. Harrison, a 12-yr-old, was adjudged delinquent and ordered to training school 8/28/64. Juvenile court judge to be contacted re length of sentence. Further action to be taken, 2. CITY OF INDIANOLA V, GEORGE LEE JONES (Circuit. Court, Sunflower County) 7/12/64 Jones, local Negro participant in COFO Indianola project, was taken by local Negro policeman to see the police chief in chief's office, where local Negro police man told him, "We all gwine whup yo ass." Jones asked to get a drink of water and fled, hiding out for a few days. 7/17, officer arrested him downtown, charged him with running from arrest, and jailed him. 7/18, not allowed to use telephone, tried and convicted in municipal court, sentenced to 60 days on county farm. Appeal bond filed 7/24, Jones released pending trial in Circuit Court, Sunflower County, 3. CITY OF INDIANOLA V. GEORGE MARSHALL (J, P, Ct,, Sunflower County) Marshall arrested 9/10/64 in Indianola, charged with "leafleting" without a permit. Released on $100 bail and trial set for 9/170 Bail forfeited, since Marshall did not appear. Effort underway to effect a settlement if possible; forfeiture usually closes a case under Miss, practice and procedure. To check.

JACKSON JAMES EDWARD JACKSON V. SUPERINTENDENT, PARCHMAN STATE PENITENTIARY (N. D, MISS.) 6/26/64 - Defendant arrested in Columbus, charged with distributing literature without permit, while passing out leaflets describing Civil Rights Act, 6/29/64, about to be released on bail, he was taken to Lowndes County Circuit Court. In June, 1962 Jackson had been convicted on two counts each of burglary and larceny. He served one two-year sentence and was released 3/12/64 from Parchman.. Second sentence was "retired to the file," 17.

JACKSON JAMES EDWARD JACKSON V, SUPT, PARCHMAN PEN,, cont. a quaint Columbus custom common with Negro defendants. Judge Green unretired the prior sentence, and Jackson was taken back to Parchman. Petition for writ of habeas corpus.

LAUREL LESTER McKINNIE V. CLYDE NIX. CHIEF OF POLICE, ET AL (Circuit Court, Jones County) (S. D. MISS, Civil Act. 1912(H) McKinnie was arrested for breach of the peace while standing peacefully in the bus terminal in Laurel in May, 1962. Convicted in police court, he was sentenced to 4 months imprisonment and $200 fine, without counsel. Appeal to Jones County Circuit Court was ruled "not duly filed" although it had been sent by certified mail four days prior to the last date for perfecting an appeal. Further appeal to the circuit court dismissed for lack of prosecution, since it was not perfected by the filing of an assignment of error as required by the rules. McKinnie left Laurel, and upon return was picked up 7/5/64 and detained in the Laurel County Jail. 7/15/64 Judge Cox dismissed a petition for habeas on the grounds that state remedies had not been exhausted. Leave to file petition for writ of error coram nobis filed 7/18/64 in the Supreme Court of Mississippi. Agreement worked out to release McKinnie and drop charges on condition he permanently leave town. McKinnie now out of state. Order dismissing charges to be obtained.

MAGNOLIA STATE OF MISS. V. MELVIN PARKER (Peeping Tom case) (Circuit Court, Pike County) Grand jury convenes in October; Parker has been in jail for months under $5,000 bail. Among issues is illegal search. Parker allegedly peeped in home of a white woman in Magnolia,

MILESTON COUNTY OF HOLMES V. DOW HAMER (J, P. Ct,, 1st Dist., Holmes County) Hamer, a COFO worker, was arrested 9/13/64 and charged with (l) driving without a license; (2) improper lights on car; and (3) vagrancy. Pleaded nolo on the first two counts, not guilty on third. At trial 9/18/64 in Lexington, found guilty on all three counts and sentenced to 30 days in jail and $250 fine on count 1; $5.00 fine on count 2, and 30 days in jail on count 3= Appeal bonds set at $400 on count 1, $50 on count 2, $500 on count 3; total, $950. COFO in Mileston is trying to raise money for appeal. 18,

MOSS POINT 1. STATE OF MISS. V. BARBARA FAY KELLY (Municipal Court, Moss Point) 8/18/64 Barbara Fay, a 16-year-old Negro girl of Moss Point, took laundry to Scotch Washeteria, which has two entrances; entered the "white" side and put her laundry in a machine. A white man came up and inquired of her "Haven't you made a mistake?" to which she replied, "No, I would like to wash right here." After more dis cussion (while her laundry was washing in the machine), police were called. Two officers arrived and asked if she "wouldn't like to go around to the colored entrance." She answered no. They then arrested her for trespassing on private property. Bond was set at $300, trial set for 9/21/64 in Municipal Court, Moss Point. Removal contemplated.

2. STATE OF MISS. V. NETTIE SELLERS, ET AL (Circuit Court, Jackson County) 8/26/64 Defendants, six Negroes, were arrested while peacefully picketing the Scotch Washeteria in Moss Point and taken to the city jail, where they were denied per mission to notify next of kin and/or counsel. At police court trial the same day, without counsel, they were charged individually with failing to obey an officer and obstructing the public way, and were summarily convicted. 8/27/64 after considerable harassment, bonds of $250 each were accepted and defendants were released pending trial de novo in County Court. Removal contemplated.

NATCHEZ CITY OF NATCHEZ V. JESSIE BERNARD, JANET JERMOTT, and CARVER ("CHICO") NEBLETT (Municipal Court, Natchez) Defendants arrested and charged with vagrancy 9/11/64. Charges clearly without basis. Released in $100 bail each, 9/H. Trial set for 9/18, petitions for removal prepared. 9/17 police justice and city attorney decided to dismiss the charges because "the city did not have enough to go on." Return of bail sought.

STARKVILLE CITY OF STARKVILLE V. STEPHEN C. FRASER (Mayor's Court, Starkville) 8/1/64 white COFO worker arrested for speeding and jailed. Police chief's brother told prisoners "Kill him." Released $15 bail. At 8/3 trial, mayor continued case to 8/10. Again continued indefinitely. YAZOO CITY CITY OF YAZOO CITY V. LENORA THURMAN (Circuit Ct., Yazoo Cty.) Defendant arrested 11/3/63, charged with distributing handbills without permit. 11/4/63 trial in municipal court, convicted and sentenced to $100 fine and 15 days in jail. Released on $100 appeal bond pending trial de novo in Yazoo County Court. No trial date set yet. 19.

III.

FREEDOM DEMOCRATIC PARTY INJUNCTION

STATE EX REL JOE T. PATTERSON V. EDWIN KING, ET AL (Chancery Court, Hinds County) 8/12/64 - Chancery Court of Hinds County issued ex parte injunction without notice enjoining ten named defendants, delegates and alternates of the FDP, from using the word "Democratic" in party's name and from otherwise acting as representatives of the party. The complaint alleged FDP'had not complied with state law governing organization of political parties. Defendants served five or six days later. August 22, 1964, hearing date set September 14, eve of delegates' departure for Atlantic City. Answer and motion to dissolve and for an accelerated hearing filed chancery court. Court modified so much of injunction as prohibited delegates from going to Atlantic City. September 14th, hearing date rescheduled for October 5, 1964 chancery court. Full evidence of exclusion of Negroes from regular Democratic Party will be offered.

McCOMB STATE OF MISS. V, LEE GARRETT, JOHN & MARY DOE Ex parte injunction issued by chancery court of McComb September 1964 enjoining all persons from acting in the name of or on behalf of FDP. Motion to dissolve being filed. Hearing set Dec. 14, 1964. 20,

IV.

CLOSED FILE

(Incomplete Compilation)

A. TRAFFIC CASES - 38 1. Fines paid 18 2. Settlement reached, including fine 18 3. Dismissed, or nolle prossed 2

B. CRIMINAL CASES - 18 1. Convictions 2 2. Settlement reached 9 3. Dismissed, nolle prossed, or acquitted 7

C. INVESTIGATION OF HARASSMENT - 17 (Includes bombings, illegal evictions, rents raised in public housing, unfair tax assessments, threats, police brutality, non-payment of social security benefits.)

D. INVESTIGATION, PERSONAL SERVICE RENDERED - 8 (Re: Insurance, property liens)

E. INVESTIGATION, LEGAL ADVICE - 12 TENDERED TO COFO

F, INVESTIGATION, BUT NO CLIENT AUTHORIZATION TO PROCEED PENDING FILE

A. INVESTIGATION, PUBLIC FACILITIES SUIT CONTEMPLATED - 10 1. Schools 4 2. Other 6

B. CIVIL DAMAGES SUIT ARISING FROM POLICE ACTION (in connection with closed or pending case) CONTEMPLATED - 8

CRIMINAL CHARGES ARISING FROM POLICE - 2 ACTION (in connection with closed or pending case) Council (/f /federated Organizations /*p 1017 LYNCH STREET, JACKSON, MISSISSIPPI September 9, 1964

Benjamin Smith, Esquire Suite 1006 Baronne 305 Baronne Street New Orleans, Louisiana 70112

Dear Mr. Smith:

The Council of Federated Organizations is presently confronted with a significant number of major legal decisions. Several hundred COFO wor kers or local Mississippi citizens cooperating with or participating in COFO projects are presently defendants in criminal proceedings pending in the State of Mississippi. Additionally, we have gathered a significant amount of information from our experience here which may support far reaching affirmative actions against the State of Mississippi and its political subdivisions.

A legal advisory committee has been established to assist and advise COFO on legal policy with respect to the many legal decisions we are and will be making. On behalf of COFO I am pleased to extend an invitationa to you to become a member of the COFO Legal Advisory Committee.

The Committee hopefully will serve two purposes: guidance to COFO with respect to major legal decisions and a nucleus of attorneys who are willing to contribute time, beyond Committee meetings, toward the preparation, briefing and trial of lawsuits when such assistance is needed and does not conflict with other responsibilities of the Committee members. There can be no question but that the Committee is envisaged as a "working" committee.

The following persons in addition to yourself have been invited to become members of the Committee: Melvin L. Wulf, William M. Kunstler, Arthur Kinoy, Morton Stavis, Gene Cotton, Howard Moore, Marian Wright, Eleanor Holm, Professor Louis Lusky, and Herny M. Aronson. Henry Aronson has recently joined the staff of COFO in the capacity of Staff Counsel. 0 e of Mr. Aronson1s duties will be to serve as primary laison between the Committee and COFO and he will be available at any and all times to assist the Committee in any and all ways it wishes. I will be out of the country until October 1, and therefore, will be unable to answer questions which you may have with regard to your participation on the Committee. Please feel free to contact Mr. Aronson at 50?f North Farish Street, Jackson, Mississippi, (Area Code 601; 943-4100), if he can provide any further information or be of any assistance. Moses to Sndth-2

Your participation on the Committee would contribute greatly to its effectiveness. An organization meeting will be held in New York City on Friday, October 2, 1964. I will inform you shortly of the exact time and place of the meeting.

I sincerely hope you will accept our invitation to join.

Sincerely,

Robert Moses

RM/ph KUNSTLER, KUNSTLER & KINOY Attorneys at Law 511 Fifth Avenue New York, New York

September 4, 1964

Mr. Lawrence DuBartell Special Fund - Unitarian Church 8218 Burthe Street New Orleans, Louisiana 70115

PROFESSIONAL SERVICES RENDERED FOR THE MONTH OF AUGUST, 1964

Preparation time re J COFO V. RAINEY (5 days".@ $150.00 per day) $750.00

Hearings: COFO V. RAINEY (4 days @ $150.00 per day) $600.00 3. Request for mandamus and request for emergency relief re: COFO V. FAINEY (5 days @ $150.00 per day) $750.00

TOTAL $2,000.00

• •-,%••>•*'- VJ!*W---, -• •- ^""^«?¥>T^^.pw.^-*;--v^^ SMITH, WALTZER, ,NES & PEEBLES ATTORNEYS AT LAW , 1006 Baronna Building 305 Baronne Street New Orleans, La. 70112 ^MmMmm BWLWW—

NEW ORLEANS, n„ September 4, 1964

Mr. Lawrence DuBartell Special Fund-Unitarian Church 8218 Burthe Street New Orleans, Louisiana 70115

PROFESSIONAL SERVICES RENDERED FOR THE MONTH OF AUGUST,196^

ZELLNER V. WALLACE, ET AL Consultations with Montgomery counsel, preparation of affidavits from Zellner and witnesses, prepara tion of supplemental petition $250 00

General preparation of work re: COFO legal files, preparation of information form for legal coordinator and COFO staff counsel $150 00

Trip to Jackson, Mississippi - August 23, 1964 re: COFO V. RAINEY; GREENWOOD V. PEACOCK, GREENWOOD V. CARMICHAEL, HATTIESBURG V. LEFTON, HATTIESBURG V. HARTFIELD, HATTIESBURG V. ANDERSON, MERIDIAN VS. CALHOUN, ET AL. $150 00

*!*i*t*rw-*i^- *?-*\ • - •• I, SMITH, WALTZ, . JONES A PEEBLES ATTORNEYS AT LAW ,1006 Baronne Building 305 Baronne Street Statement to: New Orleans, La. 70112 Special Fund-Unitarian Church September 4, 1964 Page Two

4. Trip to New York August 25 - 26, 1964 re: COFO staff counsel and COFO bail funds - both emergency and permanent $225.00

5. Trip from New York to Jackson, Mississippi, Clarksdale, Mississippi and Memphis, Tennessee concerning setting up of COFO staff counsel $225.00

6. Preparation and filing of applications for emergency relief in the United States Court of Appeals in the following cases:

COFO V. RAINEY, ET AL HATTIESBURG VS. LEFTON, ET AL (SHIRLEY ANDERSON) HATTIESBURG VS. HARTFIELD MERIDIAN VS. CALHOUN $1,000.00

TOTAL $2,000.00

• .*«....,...

f CABLE ADDRESS WHITBANK WHITNEY NATIONAL BANK OF NEW ORLEANS C^V P. O. BOX 61260 r/ NEW ORLEANS, LA., V0t60

RAYMOND F. ESTRADE ASSISTANT VICE PRESIDENT September 16, 1964

Mr. Benjamin B. Smith, Attorney Smith, Waltzer, Jones & Peebles 1006 Baronne Bldg. 306 Baronne St. H«r Orleans, La. 70112

Dear Mr. Smith:

VJe have your letter of September 15 enclosing resolution and signature cards relative to the account carried with us in the name of Council of Federated Organizations and we have been pleased to place them in our files.

Yours very truly,

Assistant Vice President RF£:JB #

SMITH, WALTZER, JONES & PEEBLES ATTORNEYS AND COUNSELORS AT LAW Suite 1006 Baronne Bld». 305 Baronne Sfreec 525-4361 NEW ORLEANS, LA. 70112 BENJAMIN E. SMITH Cable Address: PEPEN BRUCE C. WALTZER Notary Public ALVIN B. JONES JACK PEEBLES September 15, 1964

Whitney National Bank of New Orleans Main Branch New Orleans, Louisiana

Re: Council of Federated Organizations

Gentlemen: Enclosed herewith are signature cards and form of reso lution relative to the signing of checks for the above named organi zation. Very truly yours.

Benjamin E. Smith

BES/mh Encl. Memo from: GEO. W. CROCKETT, JR. lAM^CTA

MCKA ! . me isver , >rH I5 CouncilX 0| Federated (L^rganiza 1017 LYNCH STREET, JACKSON, MISSISSIPPI

l\v n ... :;.r-: •-••v.- ; 22 September 196^ I £

NATIONAL LAvIYSRS GUILD 3220 Cadillac Tower Detroit, Michigan

Dear Atty. Crockett:

Thank you i*or your letters end meal. COFO needs your

help. There are now cases having no lawyer available to take

, them. There are cases already started hailing insufficient

legal aid to work them as they should be developed. As you

know, COFO has set up its own legal office where the Medical

Committee and the National Council of Churches offices used

to be up at 50?T N. Farish st. The Medical Committee and the

HCC are now in the former Guild offices there.

Atty. Bon Smith is working very ciosedly with us during

this trying period of adjustment for the fall and more

importantly while COFO is trying to set up its own, independant

legal office and program. We would be most appreciative of all

and any help which the Guild could offer - shusk such as

supplying lawyers into the COFO office, a Guild progra i

along lines of this past summer, or whatever. I am

very interested in hearing from you ss to what you plan

or propose to do.

Cordially. v- ' / l R. Hunter Korey h- gal Coordinator

• N A T I 0 i a A sfE COMMITTEE FOR LEGAL ASSISTANCE IN THE SOUTH

3220 CADILLAC TOWER DETROIT, MICHIGAN 48226 WOodward 5-0050

Co-Chairman September 28, 1964 COAAMITTEE FIELD OFFICE 507'^ N. Farish Street GEO. W. CROCKETT, JR. Jackson, Mississippi 3220 Cadillac Tower Detroit, Mich. BENJAMIN SMiTH 305 Baronne St. New Orleans 12, La. Secretary GEO. DOWNING 2800 Cadillac Tower Detroit, Mich.

Mr. Hunter Morey Legal Co-ordinator, COFO 1017 Lynch Street Jackson, Mississippi

Dear Hunter:

We have your letter of September 22nd and we note COFO's continuing need for legal assistance.

You will recall that, when 1 was in Jackson a few days ago, I informed you of the Guild's intention to open a Southern Regional Office and the likelihood that such an office would be located in Jackson. I enclose for your information a copy of our communication on "Mississippi Follow-Up" which gives a little more detailed discussion concerning our future plans.

Understandably, our ultimate decision will depend in large measure upon COFO's needs for legal assistance and the kind of co-operation we can expect in our efforts to assist in satisfying those needs.

I understand from Attorney Smith that a meeting of COFO's legal committee is scheduled for this coming week-end at which time it is anticipated that some definite decisions affecting COFO's legal problem will be made. We have, there fore, decided to delay until after this meeting our final decision on where our. Southern Regional Office will be located

ng3>100

'•".v ""o :?:->• jHUHMBBI'' Page Two September 28, 1964

With sincere personal regards and commendation to you upon the excellent job you have done and are doing under rather adverse circumstances,

am cordially,

Ceo. W. Crockett, Jr.

GWC : mz encl. Memo from: GEO. W. CROCKETT, JR.

^cV ^6u Mo

NATIONAL LAWYERS GUILD

COMMITTEE FOR LEGAL ASSISTANCE IN THE SOUTH

3220 CADILLAC TOWER DETROIT, MICHIGAN 48226 WOodward 5-0050

Co-Chairmen September 22, 1964 COMMITTEE FIELD OFFICE GEO. W. CROCKETT, JR. f ™ N Parish Street 3220 Cadillac Tower Jackson' M|SSISS'PP' Detroit, Mich. BENJAMIN SMITH 305 Baronne St. New Orleans 12, La. Secretary GEO. DOWNING 2800 Cadillac Tower Detroit, Mich.

Mr. Benjamin Smith Attorney at Law 1006 Baronne Bldg. New Orleans, Louisiana

Dear Ben:

Sorry we could not complete our conversations, but I think we have enough information to move ahead.

This will confirm the information I gave you by phone this morning. I have spoken to Claudia about your suggestion of her as Staff Counsel to COFO. She is prepared to accept; but she wants a guarantee of one year employment underwrit ten by the Unitarian Fund at a salary of $10,000.00 and the use of an automobile. If this can be arranged I think she can report for duty on October 1st.

I suggest you telephone her and discuss the matter.

Meanwhile, we are going ahead with the Guild's plan to re open an office in Jackson and we propose to offer the job of Director to Lawrence Warren (of Detroit) with Len Rosen thal as resident counsel. We will keep you informed of our progress.

Sincerely yours,

Geo. W. Crockett, Jr

GWCrmz 100 ! A V

SMITH, WALTZER, JONES &. PEEBLES ATTORNEYS AND COUNSELORS AT LAW Suite 1006 Baronne Bldg. 305 Baronr.c Street 525-4361 NEW ORLEANS, LA. 70112 BENJAMIN E. SMITH Cable Address: PEPEN BRUCE C. WALTZER Notary Public ALVIN B. JONES JACK PEEBLES September 28, 1964

Mr. William M. Kunstler Attorney at Law Kunstler, Kunstler & Kinoy 511 Fifth Avenue New York, New York 10017

Re: Unpledged Electors Suit in Mississippi

Dear Bill:

Relative to Stavis' memorandum of September llth regarding the above, I agree that the suit be abandoned.

Very truly yours,

Benjamin E. Smith

BES/mh KUNSTLER KUNSTLER & KINOY ATTORNEYS AT LAW 5 11 FIFTH AV EN U E NEW YORK. N. Y. 10017

MURRAY HILL 2-8317

Your immediate comments on the attached would be appreciated. W

r^KMORANDUM Sept, 11, 196'J To: CO.P.O. LEGAL ADVISORY COMMITTEE From: Morton Stavis

At our last meeting held on August 26, 196*1. it was' 1 agreed that we would proceed to appeal the decision of the three-judge court on the unpledged electors suit in Mississ ippi. The minutes of the meeting are as follows: "This case has just been lost unanimously and it has been decided to move forward slowly with the appeal and to have a policy meeting with Ella Baker; and WaIter Ti11ow on 1t. The decision of the three-judge court was rendered on August 26, 196^1 and we have 30 days to appeal. The New York Times of September 10, 196*1 reports — — — that the Mississippi Democratic Convention has decided to nominate as Democratic electors a group pledged to President i Johnson. (See copy attached.) Thus the Convention appears n|st I to have exercised the power under the law to nominate an un- I pledged slate.

Regardless of the motives of the Mississippi Demo crats to give Mississippi to Goldwater, the fact is that the i foregoing, plan means the unpledged elector law will not be used

Under these circumstances, it is appropriate that we reconsider the desirability of an appeal and. I would recommend j against it for the following reasons: 1. The chances of winning an appeal when the law is not even being used to achieve its unwholesome objectives i 1 i s e x t re me 1 y re mo t e . 2. The»hand of the Mississippi Democratic Party has been effectively forced by political means. Since those i steos have been successful, we should certainly not risk , .. . . * j muddying the waters by a law suit the outcome of which we i c an n01 t r uara n tee.

* f3r '"> ** ' ^ ^ t « , V Jff j. We can properly claim that we have achieved a victory, both politically and legally. There is no doubt j that the pendency o? litigation contributed to a crystalliza-! tion of the issue at the Democratic National Convention and | sharpened the point that the "regular" Mississippi Democrats i could hardly parade as Democrats while preventing a Johnson j Democratic ticket from being on the ballot. We should not i dilute the legitimate claim of victory by litigation the outcome of which cannot be certain.

The argument for appealing is that there is a precedent on the books which should not stand uncorrected.

But the entire problem of unpledged electors is intimately tied i in with the hoped for clarification of political lines in the South in this election. It is likely that the unpledged elector problem will have different overtones after this election. If the problem of unpledged electors remains as a i j key Issue, a new declaratory judgment action can certainly be undertaken. In such an action the impact of the forthcoming ; i election can properly be reflected. j I For the foregoing reasons, it is my recommendation that we do net file an appealB Please note the time schedule. The Legal Advisory

Committee should be polled forthwith. I | MS:mb t

',-" |/U^~*" -iu2W ^fc£

G.9.P, IS EXTOLLED, '7 iW MISSISSIPPI1 Democrats Set Up Johnson Slate, Then Ask Its Defeat

By CLAUDE SITTON Spei i»!to The New York Tim« i> •A Clcar-Cut Choice' 't JACKSON, Miss., Sept. P— "With the conservative slate! Mississippi Democrats provided! !' of electors and the Johnson* today for a clear test between; t, Humphrey slate of electors on Republican and Democraticj )' the Nov." 3 ballot, our people Presidential tickets. Gov. Paul' « will have the clear-cut choice 5 they have wanted so badly for B. Johnson Jr. asserted that this! i so long," the Governor declared. would insure victory for Sena-: • - With this choice between tor Barry Goldwatcr. t Senator Goldwater and Presi- Delegates to the state con I dent Johnson before them, he vention, who appeared over t said, there will be no doubt whelmingly in favor of the Re h which one they will take. #; Governor Johnson, who cam-! publican candidate, then ap- Wpaigned last year with a pledge! <{9 proved the establishment of a f* to bury Republicanism for! b<-committee to chart the.future; £•£100 years in Mississippi, left no; jw Course of the Mississippi Demo-' *£ doubt where ho stood today. |# "I tell you Paul Johnson will! ^ cratic party. •"not mark his ballot for Rny| .g. The panel, to be named by the| tlman or any political party! •*. Governor, will apparently seek! | (Which attempts to buy with a to block state and local gains) } cynical materialiotlc handout by the Republicans, and will > the very soul and spirit! act to preserve the Democrats'; j of America!" he declared. 1 State Senator E. K. Collins seniority in the state's Con- j of Laurel explained to the con-1 Sjtgrcssional delegation. ; vention why he and all buti With the denunciations of the £ tliree members of the Mississip national party, its candidate and pi delegation to the Democra- policies, and with a Goldwater J He National Convention had re-j bumper sticker taped to the t fused to participate in its pro-; Chickasaw County standard, a !' recdings. casual visitor might have mis-, V Claim* Ivegal Victory taken the session in the Munici |" lie asserted that Mississippi pal Auditorium for a Republi *', had "won the legal battle"! can pep rally. f» against recognition of the rival Echoes of the H.O.P, -•delegation from the Mississippi! The convention opened with Freedom Democratic Party, a! . Governor Johnson's keynote; predominantly Negro group. j speech, which echoed many ofi * But he conceded that the rt-i the criticisms of President! • val proup's contention that Ne-| Johnson and Senator Hubert H. roes had been denied a role Humphrey, his Vice-Presidential! in p«rty affairs in this state running mate, that have been; had been accepted by a major voiced by Representative Wil ity al the delegates sent from liam E. Miller, the Republican| other states. Vice-Presidential nominee. In his speech, Governor John Governor Johnson urged del son asserted that the delegates egates to refrain from naming] who had walked out at the na a third, or Mississippi Demo-J tional convention, "took the only cratic . slate of Presidential: honorable course." electors to support the Gold-' water-Miller ticket. He said this would only eon-i fuse the issue "and create a. division in the whole conserva-l tive vote which mip:ht endanger; a conservative victory in Mis-, slssippi," No dissent was heard when Lieut. Gov Carroll Gartin, the; convention chairman, called for, a voice vote on a resolution naming seven loyalist electors1 pledged to President Johnson. Governor Johnson, other' speakers and a section of one resolution pointed nut that Mis- slssippians could vote Republi- % can in the general election with- f. out endangering their status in v the state Democratic party. LAW OFFICES GOODMAN, CROCKETT, EDEN, ROBB & PHILO 32N-° FLOOR. CADILLAC TOWER ERNEST GOODMAN GEO. W. CROCKETT, JR. DETROIT, MICHIGAN 48226 MORTON A. EDEN DEAN A. ROBB TELEPHONE 965-0050 HARRY M. PHI LO RICHARD M. GOODMAN ROBERT L.MILLENDER GEO. J. BEDROSIAN September 30, 1964 D. WM. MAKI CLAUDIA H.SHROPSHIRE MARIJANA RELICH SHELDON M. MEIZLISH

Mr. Benjamin Smith 305 Varonne New Orleans 12, Louisiana

Dear Ben:

Pursuant to your suggestion, I am forwarding to you and Arthur Kinoy a biographical sketch, to give you some indication of my professional and legal experience, and educational back ground. I am also enclosing copy of the recent article publish ed in Jet magazine which touches briefly upon our experiences in Mississippi this summer.

Born: Detroit, Michigan June 7, 1932

Graduated from: Dwyer Elementary School, Detroit 1945 Hutchins Intermediate School, Detroit 1946 Northern High School, Detroit 1949 Wayne University College of Liberal Arts 1953 LLB Degree from Wayne State University Law School 1956 Admitted to practice State of Michigan 1957

Recipient of: National Shrine Talent and Beauty Scholarship Delta Sigma Theta Scholarship Attorney Samuel Weller Scholarship

Licensed to practice before: The U.S. Supreme Court U. S. Federal District Court (6th Circuit) Supreme Court of the State of Michigan Bar Association Activities: Michigan State Bar Association Detroit Bar Association

Member of: Wolverine Bar Association, past secretary National Bar Association, past assistant secretary National Association of Defense Lawyers in Criminal Cases National Lawyers Guild American Trial Lawyers Association(formerly NACCA) Past chairman of Legal Secretary continuing Education Series and Speakers Bureau of the Young Lawyers Committee - Detroit. Past Chairman Speaker's Bureau of the Detroit Bar Association Michigan State Bar Family Law Committee Michigan State Bar Committee on Ethic

Affiliations: Alpha Kappa Alpha Sorority National Association of Housing and Redevelopment Officials and formerly on the Staff of the City of Detroit Housing Commission for 4 years. Lay Speaker for the American Cancer Society NAACP

Since becoming an associate member of the firm of Goodman, Crockett, Eden, Robb & Philo in 1960,ray practic e has been mainly confined to the area of criminal law and negligence law. I have some experience in the area of domestic relations, and have appeared before both the U.S. District Court and Michigan Supreme Court on criminal appeals.

I am an active member of the Democratic Party in Michigan and am presently one of the organizing committee members for lawyers, in our local gubernatorial race.

Let me know if there is any other area you feel I should cover before your meeting, if not I will be awaiting your call on Sunday.

Very truly yours,

GOODMAN, CROCKETT, EDEN, ROBB & PHILO

(^Jtot^CAj/rsf ^^ Claudia H. Shropshire CHS

-2- wmmmtsm

MINUTES OF MEETING OP LEGAL ADVISORY COMMITTER COUNCIL OF FEDERATED ORGANIZATIONS held In Suite 1011, 511 Fifth Avenue, New York, N.Y.

October 3* 1964

The -neeting was called to order by William M. Kunstler, Chairman, at 10:35 a.m. The following member of the Legal Advisory Committee were present: MARIAN E. WRIGHT ARTHUR KINOY HOWARD MOORE WILLIAM M. KUNSTLER MORTON STAVIS LOUIS HUSKY MELVIN L. WULF ELEANOR E. HOLMES BENJAMIN E. SMITH HENRY ARONSON, ex-officlo member EUGENE COTTON had previously informed the Chairman that he would be unable to attend. The following other persons were present: ROBERT MOSES, DAVID DENNIS, R. HUNTER MOREY, RICHARD JEWETT, ELLA J. BAKER. An agenda was proposed by the Chairman, as follows, and was accepted without objection: 1. Status of Pending Cases 2. Cases Instituted Since Our Last Meeting 3. Proposed New Litigation 4. Role of the Legal Advisory Committee 5. Function of Staff Counsel 6. Finances 7. Personnel

1• Status of Pending Cases (a) COFO v. Rainey Arthur Kinoy reported that consideration of the appeal and the petition for mandamus by CCA 5 had been expedited, A motion for an Immediate hearing or reversal was about t o be filed. He stated that the eventual district court hear!n g would probably be the most significant legal hearing in Mississippi and that full-scale preparation would be required. A continual flow of affidavits was being sent to CCA 5 with applications for supplementary relief being regu- larly reque ted. The relationship of Judicial action to the problem of executive intervention was fully discussed. It -2- was pointed out that the request for judicial relief was riot designed as a substitute for executive action but, to the contrary, the request for judicial relief was seen as a means of expediting the necessary executive action. It was pointed out that the obtaining of broad injunctive relief may be a use ful step in obtaining executive action to enforce such a court order. The possible advantages and disadvantages of Department of Justice Intervention in this suit was discussed. A suggestion WB fi ;••: was made that a possible approach to the question of emergency relief would be the request for an appointment of a master to take evidence by the Court of Appeals, (The Fifth Circuit has just ordered an Immediate hearing. See attached memo.) «'""

(b) Poll Tax Suit Morton Stavis reported that briefs had been filed and a decision expected. If no decision just before Election Day, another temporary restraining order will be sought.

(c) Unpledged Elector Suit Since President Johnson's name will be on ballot, It was decided not to appeal the adverse decision of the three- judge court.

y KX j riv-l-jikj v/I tiuivju t_>XA.X v Morton Stavis proposed a full-scale attack on this all-county suit. United States v. Louisiana opinion will be circulated to members oTTthe committee. It' was also pro posed that COFO consider line possibility of intervention in United States v. Mississippi and in Justice's district court suits The registration ult was also to be considered: for possible use in local situations; for help In January challenges.

(e) Problem Involved in Question of Practice of Law in Missi ssippl A full discussion was held concerning possible attacks upon out-of-state counsel in Mississippi on the charge of "unauthorised practice of law". It was felt that thia repre sents efforts to interfere with legitimate and constitutionally protected activities of attorneys on behalf of clients seeking protection of fundamental constitutional rights. A sub-committee of Arthur Kinoy, Melvin Wulf and Marian Wright was designated to consider specific recommendations as to the possible forms of legal activity to meet this problem. Recommendations as to specific legal activity, if any, will be circulated among the members of the committee prior to the Institution of any action.

::-,*;: -3-

(f) Three-Judge Court Action Against Antj-Picketing Statute Jurisdictional statement in due on October 21st.

(g) Removals A full discussion was held on status of removal cases.

2. Role of Legal Committee After considerable discussion the general consensus of opinion was that the committee's role should be formulated to include: (a) the furnishing of legal advice to COFO on all major problems; (b) the consideration and recommendation of appropriate plenary legal actions to be undertaken where ne cessary on behalf of COFO; (c) the evaluation of plenary legal actions on behalf of COFO where such proposals are made by other attorneys; (d) cooperation and assistance to staff counsel. There was a full discussion as to the relationship between the Legal Advisory Committee and other attorneys and legal organisations actively involved in rendering legal assist ance in Mississippi. It was the consensus of opinion that once cases had been assigned by COFO on its own behalf to an attorney or attorneys, the Legal Advisory Committee would exercise no control or veto whatsoever over the actions of those attorneys. If requested by COFO prior to the institution of any action for advice or suggestions concerning such action, the Legal Advisory Committee would give such advice to COFO. However, it was clearly understood that once cases would be assigned, they would be fully handled by the attorneys Involved on an independent lawyer-client basis. In accordance with this consensus of opinion, Louis Lu3ky's suggestion that the title "Legal Advisory Committee" be retained to emphasise the advisory character of the com mittee's function,was adopted.

3. Staff Counsel After considerable discussion it was decided that the staff counsel's role was to be as follows:

a maintenance of office files and records, \b] cooperation with Legal Advisory Committee, c cooperation with all agencies furnishing lawyers in Mississippi. 1 •": '

_4-

(d) assignment of cases in cooperation with COFO Legal Coordinator, with COFO to de cide In disputed situations, field work When necessary. supervision of Jackson office as to per sonnel, supplies and equipment. There was an extensive discussion as to whether a recommendatio n ought to be made to COFO to continue on a permanent basis the present four-week trial period of Henry Aronson a s Staff Counsel. It was agreed that this determination must be made solely by COFO. The legal Advisory Committee was infor ed that this determination would be made by the COFO staff at a meeting to be held subsequently in Jackson. The members of the Legal Advisory Committee will be Informed of COFO's de cision In this respect.

^• New Litigation It was agreed to recommend the institution of a federal plenary action challenging the recent invalidation of the nominating petitions of the independent candidates for the November elections.

5. Next Meeting November 7, 1964, was tentatively scheduled as the next meeting date. The members of the committee will be notified as to the time and place of the meeting. f A*

K~>

MEMORANDUM

To Members of COFO Legal Advisory Committee

We are enclosing a copy of the order in COFO v. Rainey just received. The hearing has been set for November l8th, in New Orleans.

ARTHUR KINOY WILLIAM M. KUNSTLER

10/13/64 IM TBI WITH) STATES COURT 0* AWZXLB FOR THS FIFfli CIRCUIT.

Ko. 21783

COIKCIL Of FEBIRATED QR3&IIZATI0K9, ET AL., Petitloners,

EON. SIENST MIZS, UNITED STATU DISTRICT JUDGB FOB THS SO0TEE1N DISTRICT Of* HIS3IBSIPPI, Respondent, COURCIL OJ FEBBRATSD ORGANIZATIONS, ET AL., Appellants, vsrstts

L. A. RAINEY, FT AL,S • • Appellees.

Petition for Writ of tfaocf&Bue and Appeal from the United States Dlotrict Court for tha Southern District of Kisslsslppl.

Before RIVES, JONES and UI32XXf? Circuit Judges. PSB CURIAM: This case will be expedited and sst for hearing in due course by the Cletis; fit the e»rlieot practicable date.

ERTKRl Hives, Judge.

(ORIGINAL PILED - October 6, 1304 J KUNSTLER KUNSTLER a KINOY

ATTORNEYS AT LAW 511 FIFTH AVENUE NEW YORK. N.Y. IOOI7

MURRAY HILL 2- B3I7 WILLIAM H. KUNSTLER CALtLE ADDRESS MICHAEL J. KUNSTLER "KANDKLEx" ARTHUR KiNOY October 29, 1964

COFO Legal Committee

Dear fotAU Please be advised that the next meeting of the COFO Legal Committee will take place in Room 1011, 511 Fifth Avenue, New York, N. Y. 10017 at 11:30 A. M. on Saturday, November 7, 1964.

Cordially,

William M. Kunstler WMKrbkf jr

TO: Members of the COFO Legal Advisory Committee FROM: Henry M. Aronson Since the October ?nd meeting of the Legal Advisory Committee COFO h ;s experienced a relatively busy month in terms of legal problems. Approximately 105 COFO Staff or Volunteer arrests and approximately 45 local citizen arrests have been processed by the office of th° Staff Counsel. Two groups of arrests were ^ewhat extraordinary: eight persons in Belzoni for violation of ttr3 state criminal syndicalism statute; and 30 persons in Magnolia (near McComb) for attempting to register or assist others in registering to vote. An affirmative suit growing out of the Magnolia arrests has been filed and will be tried on November 16, YJ, 18 and 19 In the U. S. District Court for the Southern District of Mississippi. A copy of the comprint is attached and rather clearly explains the basis of the law ruit. The Belzoni criminal syndicalism arrests followed from persons passing out literature relating to the November 3 General Election. These cases have been removed and an affirmative action on behalf of these persons will be filed attacking the constitutionality of the statute. This suit will most probably be joined with th° McComb suit which attacks the same statute via a motion to consol idate the two cases . . . both of these cases are handled by the same group of attorneys. It would be helpful if you as members of the Legal Advisory Committee would consider ways in which the Committee can better serve COFO in terms of a combined committee effort. How should questions and problems be presented to the Committee? How should communications between Committee members be handled? Hopefully we can explore these questions at the November ??nd meeting. We are in desperate financial condition -- bills far exceeding resources. It would be helpful if the Committee would consider sources of revenue which may help toward meeting of the expenses of the Staff Counsel office. Towards this end efforts are now being made to establish a tax exempt fund for COFO activities (including legal activities). I am starting to contact groups that might be willing to aid us. Any thoughts you have which may help solv° the financial crises would be appreciated! A full financial report will be given at the November ??nd meeting. A cony of the Inc. Fund Docket is attached. The Guild and Staff Counsel Dockets are being prerared and will be circulated when received. Dockets will be prepared monthly in the future. I look forward to seeing you on November ??nd. MISSISSIPPI DOCKET

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND

November 1, 1964 DOCKET

FED.EML.COURT CASES

A. Removals

ANGUILLA 1. MUIS__GRANT. V... TQM OF ANGUILLA 2. ROBERT WRIGHT .V.TOWN. OF . ANGUILLA (S. Do MISS.) Crim. Act. Nos. 4373, 4374 Grant and Wright were arrested in Anguilla, Sharkey County, 8/11/64 on a charge of littering. COFO workers, they were distributing handbills urging Negroes to register to vote. They were held in the county jail in Rolling Fork until the next; day, and were not permitted to make a phone call. They were released 8/12/64 on $200 cash bond, trial set for 8/26. 8/24/64 petition for removal filed in federal court. Motion to remand filed 8/29/64. No hearing date set yet.

BATESVILLE 3. BENJAMIN GRAHAM V... .CITY, OF BATESVILLE^ ET AL (N. D. MISS.) - No. 6454 4. CLAUDE WEAVER V... CITY .OF. BATESVILLE^. ET AL (N. D. MISSo) - No. 6453 8/3/64 Weaver and Graham, COFO volunteers, were arrested in parking lot of Panola County Courthouse, where they were taking names of potential voter registrants who could not register because registrar's office was closed (counter to order of N. D. Miss. See ). Charged with failure to leave the courthouse and obstructing an officer, each released on payment of $200 cash bond, pending trial in J. P. Ct., Panola County, 5th beat. 8/7/64 petition for removal filed. Motion to remand filed 8/18. Brief in support of remand filed 8/28. Brief in opposition filed 9/19. Order entered 8/7/64 enjoining and restraining de fendants from prosecuting petitioners. State officials, notwithstanding removal went ahead and tried defendants in state court on August 7, 1964. Defendants directed to appear in Federal District Court at Ox-ford August 19, 1964 to show cause why they shouldn't be held in contempt. Motion to dissolve injunction and temporary restraining order filed 8/19/64. Final order exonerating them of contempt entered by court. District Court in same order held state court null and void.

BELZONI

5- STATE._0_F_ mSSISSIPPI V.._ DAVID CARPENTER^ JTENRY WARE.^ WILLIE THOMAS AND,.,JOSEPH LEE. TuTs. Dist. Ct., GCR 6Tl04) COFO staff persons arrested 10/3/64 for allegedly distributing handbills inviting Negro citizens of Belzoni to attend a meeting at the COFO house to discuss police brutality problems. They were charged with criminal syndicalism and jailed under $1000 bond each. Following federal removal and before surety bonds could be obtained to release prisoners transferred to federal custody in Oxford jail, one petitioner, William Ware, was severely beaten by the Sheriff while in jail, knocked un conscious and rushed to Memphis hospital with brain concussion.

6 STATE OF MISSISSIPPI V. ROBERT BASS. WILLIAM. WARE^ ELLIS JACKSON .AM).. JOE LEWIS STIGLER (U. S. Dist. Ct. - GCR 64102) October 15, 1964, 4- more COFO staff persons were arrested in Belzoni, Humphreys County while merely walking down pub lic streets with leaflets in their hands urging Negro citi zens to join the Mississippi Freedom Democratic Party. They were jailed and charged with the offense of criminal syndicalism under Senate Bill 2027 of June 11, 1964. October 19, 1964 a preliminary hearing held and petitioners ordered bound over to grand jury which meets in February, 1965. Bond was set at $1000 for each defendant. Petitions for removal filed Federal District Court 10/27/ 64- along with Motions to Reduce Bail. Hearing on bail Wednesday, October 29th. District Judge Claude Clayton reduced bail to $500 for each petitioner. Surety bonds underway for petitioners' release.

7. STATE OF MISSISSIPPI V. HENRY WARE, JOSEPH LEE, WILLIE THOMAS, DAVID CARPENTER, JOE LEWIS STIGLER, ROBERT BASS, ELLIS JACK AND WILLIAM WAREo (GCR 64103) The 8 petitioners - the entire COFO staff in the City of Belzoni - were in jail on criminal syndicalism charges when they were charged with the additional offense of "destroying public property." The jailer alleged that petitioners had broken a chair in the cell and had marred the wall with "freedom slogans." They were tried while in jail without counsel, convicted and sentenced to 6 months in jail andtb $100 fine. Bond in the amount of $1000 was set for each person. October2?, 1964, petitions for removal filed Federal District Court. Hearing to reduce bail held October 29. District Judge Clayton reduced bond to $200 for each person. Surety bonds underway.

CANTQI

8. (14 Defendants) CAROLE MERR.ITT,, ET AJJ_V., STATE OFJjISS. (S.D. MISS.) 1/23/64 8 defendants arrested while distributing leaflets and charged with disturbing peace and publishing libel. One defendant charged with contributing to delinquency of minor Two defendants arrested week of Jan. 16 on charges of dis turbing peace predicated on alleged intimidation of a Negro woman who refused to support the boycott. 1/24/64 - Carole Merritt, Vassar graduate working for SNCC, arrested for published libel and contributing to delin quency of a minor. 2/7/64 - Two COFO workers arrested for disturbing the peace, for allegedly intimidating a Negro seeking employment at a boycotted restaurant. Defendants above tried Municipal Court of Canton 2/3/64, except those arrested 2/7/64, tried 2/10/64. Each was sentenced to 6 months and $500 fine for each offense Bond of $500 per charge set. Defendants spent over a month in jail because unable to make bail. - 2 - Petitions for removal filed - June, 1964. Answer and mo tion to dismiss and remand August 7, 1964. Hearing Fed. Dist. Court Aug. 14, 1964. Cases remanded. Notice of Appeal from remand order and stay pending appeal. Filed — „» Motion t0 consolidate, 5th Cir.

9. (52 defendants) EARNEST L,, AJoEXANDERa. ET AL _v_._ STATE OF MISS. (S. D. MISS.) 5/29/64 - Mass arrests occurred during Canton "Freedom Day" when Negroes left Mount Zion Baptist Church to walk to the courthouse to register to vote. Following the arrests, defendants were held incommunicado for 2 days. 25 are charged with parading without permit; 24- with picketing; 2 with obstructing sidewalk. One defendant, McKinley Hamblin, was beaten unconscious, hospitalized, and later charged with disturbing the peace and resisting arrest. Trial set for 6/8/64. Petition for removal filed, June, 1964. Answer and motion to remand filed 7/24/64. Hear ing on remand held 8/14/64. Motion to consolidate ° 10• STATE, OF MISSo v. SOLOFF (.*. D. MISS.) 8/1/64 - Rabbi Soloff and 5 COFO workers arrested under Canton ordinance prohibiting distribution of printed information without permit. Defendants were passing out Freedom registration forms. Petition for removal filed August 3, 1964.

11. STATE OF MISS ._Xi—Q-»—0-» CHINN (S.D. MISS) Chinn, a local person active in civil rights was re indicted on concealed weapons charge by grand jury of Madison County while serving out a 6 months sentence on same charge. Preliminary motions filed state court. Case removed to federal court first week of October.

12• STATE V. GEORGE RAYMOND - (USDCSO - No. 3647) Raymond COFO project director in Canton, arrested for interfering with officer October 17, 1964 when he went to aid of COFO worker whoso car had stalled in downtown area and who had been given a parking ticket. Jailed and later released on $500 property bond. Petition for removal filed federal district court November 2, 1964.

CARTHAGE 13. aSATE OF MISSISSIPPI V. CLYDE HARVEY (No. 3624) (S. D. MISS.) Harvey, a local Negro in Leake County, arrested September 11, 1964, for possession of intoxicating liquor. Harvey was active in the COFO summer project and he recently had given a party for white and Negro summer volunteers where he had served beer. Police found two cans of beer in his home in a search during his absence. Harvey was never given a trial in court but merely entered an informal plea before the Justice of the Peace Jack Adams on his lawn. No trial date was set and Harvey asked the Justice of the Peace on three occasions when his trial would be and what his punishment was but was told not to come back. He was charged July 9, 1964. Was re-arrested Septem ber 9, 1964, told he had been sentenced to 90 days in jail and $500 fine and that time to file notice of appeal had passed. Harvey denied he had ever had a trial and stated that he did not know that he had been sentenced. September 22, 1964, petition for leave to file writ of - 3 - error coram nobis in Circuit Court of Leake County, Miss., filed in Supreme Court of Miss, requesting that Petitioner Harvey be immediately released on bail and alleging that he had been tried in absentia, if at all. Immediate action requested on the petition, which was refused by the Supreme Court of Miss., which on October 15 dismissed the motions for coram nobis and for bail. October 7, petition for removal filed in the U S District Court, Southern District of Mississippi, Jackson Division along with motion to set and/or to reduce bail and prayer for habeas corpus. All relief denied by Judge Mize. Hearing on petition for removal originally set for October 12 in the federal district court at Meridian, buttb delayed until October 14, at which time Judge Mize had full hearing on petition for removal, habeas corpus, and bail. State's motion to remand filed October 12 granted. Notice of appeal from the order sustaining the motion to remand and from denial of bail and filed October 19= Motion for stay pending appeal filed in the Fifth Cir., October 20. Application for bail pending appeal filed —.• Hearing in application for bail in 5th Cir. held , " , 1964, and de nied. Hearing on appeal from denial of habeas corpus November 9, 1964, 5th Circuit Court of Appeals. Upon suggestion of Judge Bell, further exhaustion of state remedies attempted. Petition for writ of error coram nobis completed and taken to Justice of Peace Jack Adams in Carthage for filing. Justice Adams refused to accept papers, said he was "through with Clyde Harvey,'" threatened George Bradley, U of Penn law graduate, and ran him off his land.

14 A_.__J.„ LEWIS V.. MARJORLE COLLIER AND CARRIE COLLIER (U.S. Dist Court, S. D.) Mr. Lewis, a Negro resident of Carthage, Leake County, is the father of 6 year old Debora, the lone Negro pupil in recently desegregated Leake County schools. On the day school began, Mr Lewis was fired from his job at a Carthage Lumber company. He was also object of threats sufficiently serious to justify requests for FBI inves tigation. October 17, 1964, Mr Lewis was informed by the Colliers that he would have to move from the house he rented from them. October 20, ordered to vacate. October 25, he tendered month's rent but rent refused. Again refused on November 2, 1964. November 3, 1964, summoned to Justice of Peace Court to defend an eviction action brought by Colliers. November 5, 1964, petition for removal filed federal district court.

CHARLESTON

15. ^AM^J^.31QMM^ CMEICMML - DCR 6430 Carmichael, COFO project leader, arrested July 14 on High way 32 by Constable Slaton of Tallahatchie County who claimed he'd followed Stokely for several miles and that he'd been driving 90 mph. Stokely denies all allegations and states that he was arrested immediately upon leaving a gas station. Charged with speeding. Petition for removal filed July .17, 1964 <, No answer.

CLARKSDALE 16. MARX-BROOKS^. MARY ,DIXON, and IRMA, JEAN MILLER_Xu-Q-ITY OF..CLARKSDALE""""""(N. D. MISS) DCR "6751 7/20/64 - Arrested for trespass when they sought service in the heretofore "white" section of the Hamburger Cafe •

- 4 - released on bail, $51 each. 7/23 trial in police court (not a court of record), entered nolo, pleas and were fined $100 each. Released on appeal bond of $202 each pending trial in Coahoma County Circuit Court. 7/28 petition for removal filed. No answer.

17. MARIE GERTGE V.._CITY OF CLARKSDALE (N. Do MISSo) No. DCR 6448 7/8/64 - 19 year old White COFO worker in Clarksdale City hall to observe a criminal trial was refused permission to enter the courtroom and retired to wait in a stairwell, where she was arrested and charged with taking a photograph in City Hall. At 7/13 arraignment, she pleaded not guilty. Case continued to 7/25. 7/22 petition for removal filed. Motion to remand filed on or about 7/29. Brief in support of remand motion filed 8/15. Brief in opposition filed 9/15.

18. WILLIE . .GOODLOE V.. .STATE OF MISS. (N. D. MISSo) DCR 6450 7/8/64 - Rev. Goodloe was put in Coahoma County Jail in Clarksdale and charged with selling cotton subject to a landlord's lien. Bail set at $1,000. Petitioner, about 2 years active in civil rights activities, has been harassed by having criminal suits of a similar nature brought against him. He was forced twice to settle claims he alleges he did not owe for a total of $348.70. He owed $25. With full knowledge of the county prosecutor, white local counsel visited Goodloe in jail. Goodloe, however, chose to retain volunteer lawyer. Petition for removal filed 7/27• Motion to set bail filed 7/27, granted same day. Bail fixed at $300. Habeas granted 7/27. Released on payment of $300 7/28. Motion to remand filed 8.28. Brief in support of remand filed 9/15/64. Affidavit in opposition to motion filed August 31, 1964.

19. STATE. _0F_.MISSo Y, REV...J. D_._..RAYFORD (Coahoma Cty. Circuit) (N. D. MISS.) Civ. Act. ,... Defendant, active in summer project, was arrested 6/24 in Clarksdale and charged with drunken driving and reckless driving, both of which he flatly denies. At trial in Municipal Court in Clarksdale, 7/2/64, Judge Connell re fused to permit out-of-state volunteer lawyers to partici pate. Rayford pleaded nolo, was found guilty on first count, and fined $110. Appeal bond of $220 posted, trial de, novo... Petition for removal filed 7/13/64. Motion to remand filed. In chambers 9/17 Judge Clayton indicated that since, in his belief, the removal petition was improperly filed, state court proceedings are not stayed. Jack Young succeeded in getting appeal issue cleared up and in getting Rev. Rayford's license returned pending determination of case

20. WILLIE .LEE.. SCOTT.,. ET. AL V. COUNTY. 0_F COAHOMA (Betty Ruth Brown, Willena Parker, Helen McLaughlin, James R. Sims) (N. D„ MISS. ) DC 6436 Plaintiffs, 5 Negroes, arrested 8/2/62. at lunch counter in Walker's Walgreen Drug Store after being refused service and asked to leave. Charged with trespass, under Miss. Code §3, released on bond. Petition for removal filed 8/5/64, motion to remand filed 8/16/64,, Brief in support of remand filed September 18th.

- 5 " 21. CITY OF CLARKSDALE V. STOKELY_C.ARMIC_HAEIi (N. D. MISS.) DCR 642/ July, 1964 - Head of Greenwood COFO office arrested in Clarksdale as he left COFO house. after abusive language, jailed him and refused permission to make phone call. Charged with failure to signal when turning. Re leased upon payment of $18 bond. Trial set for 7/16. 7/15/64 petition for removal filed in FDC, Delta Division. Motion to remand filed 7/21/64. No hearing date set.

COLUMBUS 22. HOWARD. B. GLUgHAKOW,. ET, AL . V. STATE. OF MISSISSIPKC. (N. D. MISS.) Criminal Action ECR 6434. On 7/1/64 Glushakow, a white SITCC worker, was arrested and charged with improper driver's license, registration, inspection stickers, and passing on the right. On 7/8/64, the three co-petitioners, also SHOO workers, were arrested while canvassing voter registrants, and charged with trespass. Petition for removal filed 7/9/64.

23. STATE OF MISS. V. TOAIT OTTINH BRISBSN (N. D. MISS.) Criminal Action No. ECR 6459 White Chicago teacher working for COFO arrested 9/1 at road block on Highway 82,. charged with improper license and tag, and failure to have Kiss, license inspection sticker. She had valid Illinois license and was within time limit for nonresident drivers. Trial set for 9/5/64 Lowndes County, 5th beat J. P. Ct. Petition for removal filed 9/3/64 in Eastern Div., N. D. Miss. No answer to date.

24. STATE OF MISS. V. HOWARD EfI""rr'KT 10/31/64, Schulman, a White volunteer- worker with the free dom vote campaign,,was arrested while passing out leaflets on the "freedom election," charged with distributing leaf lets without permit and disorderly conduct. Released on $400 bond. Removal petition to Federal District Court filed November S, 1964.

25. STATE. OF MISS... V.,_RIGHARD mILLIPS. Phillips, local Negro citizen, arrested October 31 in Negro Cafe while passing out freedom ballots. Charged with dis tributing leaflets without permit. Bond set at $200. Re moval petition filed November 5? 1964.

26. STATE OF MSBS. V. GORDON 1 flLLIAMSOI? , , Williamson, s^Hdent at Ifeflon Theological Seminary, arrested (_^[^^JUJln the City of C^^jUmhars while passing out leaflets when Sheriff saw them nx^erTo community canvassing. Removal petition filed N^rvemte^s^,, 1964.

27. CITY OF COLUMBUS V. STUART EWEN. No. ECR 6466 (N. D. MISS.) Ewen arrested September 13, 1964 on Highway 82 near Columbus, Miss., by highway patrolman and charged for driving without valid drivers' license. Released on $200 cash bail. Trial in Justice of Peace Court, Lowndes County set for September 17, 1964, continued until September 22, 1964. Petition for Removal filed September 22. Ewen. a summer volunteer with

" o - N. Y. drivers' license had just returned to Mississippi via Greyhound bus on the morning of his arrest. Was'. arrested by a patrolman who has harassed civil rights workers in the area all summer.

CRAWFORD, 28. STATE OF MISS. V. GORDON WILLIAMSON 29. STATE OF MISS. V_,_ ROY ROBINSON October 31, 1964, Williamson, White student from Union Theological Seminary and Robinson, local COFO worker, arrested while passing out freedom ballots. Williamson charged with improper drivers tag and no inspection sticker; Robinson with interfering with officer. Next day, both arrested for creating public disturbance arising out of previous day's arrest. Petition for removal filed Novem ber 5, 1964.

.DREW 50. CITY OF DREW V. HEXTER - (N. D. MISS) GCR 6452 Hexter arrested July 15, 1964 for violation of city ordinances regulating flow of traffic, use of streets and sidewalks. July 16, 1964 appeared Police Court of Drew but trial continued until July 22, 1964. Bond set at $110. Failed to appear July 22 and warrant issued for arrest. Picked up August 6, entered not guilty plea, convicted and sentenced to 30 days and $100 fine. Appealed to circuit court Sunflower County - August 13, 1964. Removal petition filed.

31 • JOE Bo SMITH . V.... STATE Q.F MISS (No Do MISSo) GCR 6460 On 8/13/64 Smith, a White COFO worker from New York, was arrested for "trespassing on school property" while talking peaceably with two Negroes on Hunter High School Playground in Drew. At 8/14/64 trial in Mayor's Court, he was charged and convicted of "disturbing the peace by conduct which might have lead (sic) to a breach of the peace," and sentenced to 3 months on the Sunflower County Farm and a $300 fine. Bond pending appeal for trial de novo in Sunflower County Circuit Court set at $500, which was posted. Trial date not yet set. 8/20/64 - Petition for removal filed. Motion to remand and brief in support of remand, 9/4/64. Brief in support of motion to remand filed September 15, 1964.

GUIJTORT 32. STATE OF MISS. V. MILLER ) ) 33. STATE OF MISS... V. GOLDSTEIN ) (So D„ MISS.) 34. STATE OF MISS. V. CLEVERDON ) 7/17/64 - Petition for removal filed. 8/15/64 - hearing on motion to remand. Affidavits and counteraffidavits filed. Order to remand entered September 14, 1964. Motion to stay remand order and notice of appeal to 5th Circuit filed September 19, 1964.

HOLLY SPRINGS 55- LARRY RUBIN V. CITY OF, HOLLY,.SPRINGS (No Do MISS) Criminal Action WCR 6430 7/26/64 - White COFO worker arrested and charged with reck less driving. Petition for removal filed 7/27, motion to remand filed 8/14/64. Briefs requested. - 8 - 36. ELWOOD..BERRY...V..o_ STATE OF. MISS. (N* Do MISSo) Criminal Action WCR 6431 7/24/64 - Berry, white COFO worker, arrested and charged with disturbing the peace by using profane language in pub lic. Released on $500 bond pending trial in Marshall County J. P. Court. Petition for removal filed 7/27• Motion to remand filed 8/4. Briefs requested. 37. FRANK. CIECIORKA. V_...CITY OF ..HOLLY .SPRINGS._(N. D. MISS.) WCR 6438 8/12/64, White COFO worker arrested for carrying a sign without a permit. Breach of peace charge added. Arraign ment 8/12 in Municipal Court. Petition for removal filed 8/17 in Western Div., N. D0 No answer. 38. CLEVELAND L,. SELLERS, JR.,.,, V. CITY OF HOLLY SPRINGS,. E.T..AL (No D. MISS.) Criminal Action WCR 6437 Negro COFO worker was arrested 8/1/64 on premises of Rags- dale Chevrolet Garage, where he and another COFO worker, at all times peaceful, were inspecting the remains of a car in which one COFO worker was killed and another badly in jured a few hours before. He was charged with "threatening to do bodily harm, attempting simple assault—Breach of Peace." Released on $500 cash bail, trial set for 8/8 in J. P. Court, 1st beat, Marshall County. Petition for removal filed 8/7/640 No answer.

INDIANOLA 39. CHRXSTOPHER. HEXTER..V. CITY.,OF I.ND.I.ANOLA. (N. Do MISS.) GCR 6461 Petitioner, a White COFO worker, arrested 8/16/64 while dis tributing leaflets in the city of Indianola along with several Negroes. Charged with distributing handbills without a license Convicted 8/17/64 in Municipal Court and fined $100. Bond pending appeal to Sunflower County Circuit Court for trial de novo set at $500. 8/20/64 petition for removal filed. Motion for remand filed 9/3/64„ No hearing date set yet. Brief in support of motion to remand filed September 18, 1964. 40. CITY...OF. INDIANOLA. V._ OTIS .BROWN,, JR.,.,. ET AL (INDIANOLA FLICK-IN CASES) (N. D. MISS.) On Sunday, 9/6/64, a group of 5 whites and 3 Negroes was arrested for trespass while standing quietly on the property. of the Bryant Chapel, a Negro church in Indianola. They had attempted to buy tickets at the "White" side of the "Honey Theatre" and, when refused service, returned to the church. When the police chief failed to secure an affidavit from a church trustee, charge was changed to refusing to obey a police officer. They were released on $100 bond each, on 9/8/64. Removal petitions for 7 defendants (one left the state) filed 9/12/64 . Motion to remand filed September 28, 1964. Answer filed October 5th and brief in support of remand motion filed October 8, 1964a

41. CITY OF INDIANOLA V... DONALDSON,. E.T..AL. Nineteen defendants arrested while distributing copies of Mississippi Free Press in the Negro community in the City of Indianola on or about October 24, 1963. Tried in Mayor's Court of Indianola, October 25, 1963, convicted and sentenced to 30 days and $25.00 fine. Released on cash bail in the amount of $100 each upon filing notice of appeal. Petitions for removal filed September 14, 1964, in the U. S. District Court for the Northern District of Mississippi from the Circuit Court of Sunflower County. Motion to remand - 9 ~ filed September 22, 1964. State's brief due ten days from September 30. Our brief due 20 days from September 30.

JACKSON 42. STEVEN HOLBROOK .V... STATE OF MISS. (S. D. MISS.) 43. SOREN SORENSEN V. STATE OF MISS,, 8/20/64 - Two defendants accompanied a Negro attempting to register to Circuit Clerk's office in Hinds County Court house in Jackson. Holbrook took several photographs inside- courthouse, was immediately arrested. While waiting on a bench to hear the charges against Holbrook, Sorensen was arrested and charged with disorderly conduct, as was Holbrook; both in violation of House Bill 777, passed by Miss. Legis lature 5/28/64. Bond for each defendant was fixed at $1,000. Petition for removal filed 8/21/64, along with motion for reasonable bail.

44. STATE OF MISS^ V. . RUFUS ERIC. MORTON (So Do MISSo) 45. STATE OP MISS.. V. .STEPHEN Lb SMITH Criminal Action 7/15/64 - Morton (Negro) and Smith (White) were driving from Jackson to Canton, Miss., with two other persons, both Negro. Smith was driving a rented pickup truck, carrying voter registration material for use in Greenville and Green wood. Outside of Jackson the city police stopped the vehicle and gave Smith a summons for improper license, later nolle prossed by city attorney. Truck was later followed and stopped by an unidentified person who refused to state his official capacity. Smith received a speeding summons; the two Negro passengers were told to xvalk back to Jackson (over 10 miles;; Smith and Morton were then taken in separate cars to the Madison County jail in Canton, after Morton had been kicked, punched, and beaten with a gun by two of the Miss, officials. Smith, in police car, was beaten with gun and flashlight. 7/16/64 - at arraignment in Madison County Justice of the Peace Court, Morton was charged with interfering with an officer and resisting arrest; Smith, with reckless driving and resisting arrest. Released on $150 bond pending trial. Petitions for removal filed, in Morton's on 7/29; Smith's on 7/29.

MARKS 46. STATE OF MISS. V.. ROSE KENDRIOK iMarks Bigamy Case) (N. Do MISSo) Criminal Action DCR 6456 8/4/64 - Mrs Kendrick attended a meeting for Marks residents and agreed to house summer project people (which she did). 8/15/64, the sheriff and his deputy called on her and told her to be at the county courthouse later that morning. The county attorney (Quitman County) told her she had remarried without a divorce and woudd be put in the penitentiary for 10 years. On 8/19,,she was arrested for bigamy at her home. Bail was set at $500; LCDC volunteer Tonachel waived a hear ing and on 8/20 filed a removal petition, along with writ of habeas corpus. Judge Clayton granted the latter, fixing bail at $300, which was raised. Mrs. Kendrick was released 8/21. Removal pending; bigamy charge seems unfounded, since her first spouse has been absent for more than seven suc cessive years. Motion to remand filed September 16, 1964 along with brief in support of remand. Brief in opposition to remand filed November 2, 1964,

10 McCOMB 47. PERCY. McGHEE. V... CITY OF, MAGNOLIA (S. Do MISS) McGhee, a Negro COFO volunteer, was arrested for loitering 8/22/64 by the Sheriff of Pike County, while drinking a Coa-Cola in the county courthouse. Released on $55 bond; removal petition filed 8/27/64, No answer.

48. STATE OF MISS. V. WILLIE JOHN DILLON (S. D. MISS.) Dillon, a Negro resident of Pike County who lives just out side the city limits of McComb, Mississippi, heard an ex- losion (dynamite blasting cap - the dynamite failed to explode) on the front lawn of his home at approximately 4:00 a.m., August 28, 1964, He called the FBI and the Sheriff of Pike County, Ro R. Warren. When Sheriff arrived in response to Dillon's call, he noticed a car on which Dillon had been working on the front lawn (car belonged to a summer volunteer). Sheriff Warren then arrested Dillon for stealing electricity (having noticed a wire running from the electric post behind Mr. Dillon's house to a light in the yard) and operating a garage without a license. Mr. Dillon was held literally incommunicado until 3:00 p.m. August 28th, the same afternoon at which time he was tried, convicted and sentenced up to a total of 6 months in jail and fine of $600.(8/28/64), He was not allowed to see or speak with counsel or his wife. Indeed, the sheriff and county attorney conspired to prevent counsel from seeing or speaking with Mr. Dillon. Petition for removal filed in federal district court 9/19/64. Answer of Sheriff Warren filed 9/27/64; motion to strike petition demurrer and ^motion to remand filed 9/28/64. Hearing held U. S. District ourt October 8. Remand and Notice of appeal filed November 6th.

49. STATE OF MISS. V. ROY LEE (S. L MISS.) No. 3589 Roy Lee, a 23 year old Negro resident of McComb, Miss., was arrested August 15, 1964 and charged with obstructing jus tice, threatening the life of a policeman, and disturbing the peace. He had gone to the scene of the bombing of a Negro-owned grocery store located approximately two blocks from his home at about 12:50 a.m. August 15, 1964„ When he arrived on the scene he fell to his knees and began praying aloud, "Lord, when is it going to end. . ." He was persuaded to leave the scene by his companions (COFO workers). He then went to the Freedom House when he calmed down. He went back to the scene a second time, and again began to pray aloudo A policeman known as "Big John" came toward him while he was on his knees, with a gun or club raised as if to strike Lee. The COFO workers covered Lee with their bodies, imploring the police officer not to strike him. They again took him back to the Freedom House, where he discovered he had lost his houseshoe. As he was returning down the street looking for his houseshoe, two police officers approached and arrested him. Case removed August 24, 1964„ Motion to remand filed September 1, 1964. Hearing on the motion scheduled September 11, 1964 „ On that date, Judge Cox continued the hearing, now scheduled for September 24th, Federal District Court, Biloxi, before Judge Mize, Full hearing U S Dist. Ct. - Judge Mize, October 6 & 7th. Motion to remand granted Oct. 7. Notice of appeal and stay pending appeal filed.

50. STATE OF MISS. Y, MELVIN PARKER (U.S.D. Ct. No. 3624) Parker, 21 year old local Negro, arrested May 6, 1964 and charged with"trespass by peeping Tom," for allegedly peeping in white folks windows. He denies allegations. Held in Pike County jail at Magnolia under "5000 bond, indicted by grand jury October, 1964 for two charges of same offense. Unable to raise bail, has remained in jail since May, Petition for

- 11 - removal filed October 15, 1964 along with motion to reduce bail. Judge Mize reduced bail to $500 each count. Surety bonds written and Parker to be released momentarily.

51. McCOMB - CRIMINAL SYNDICALISM ARRESTS Sunday, September 20, 1964, 2 bombings in City of McComb. Negroes arrested and angry as these latest in series of 16 bombings against Negro persons. Many gathered at home of Mrs. Alyene Quinn whose home had been bombed and a few threwtb rocks and bricks at police when they arrived. Between September 20 - 23, 1964, City, County and State police arrested approximately 25 persons; held them in Pike County jail under bonds of $5000 each. No warrants were issued and defendants not told of charge until days later. Carsie Hall was told all were charged with Criminal Syndi calism and 4 additionally charged with illegal possession of explosives. (a) September 25, 1964, complaint seeking 3 judge court to declare Criminal Syndicalism Act (one of mass statutes passed last spring in anticipation of summer project) un constitutional filed. No hearing date set though panel consisting of Judges Wisdom, Clayton and Mize to hear case. Motion to dismiss filed October 13, 1964. (b) September 29, 1964, petitions for removal filed along with motions to reduce bail. Judge Mize on October 1 reduced bail from $5000 to $500 for each defendant. October 6, 1964, grand jury of Pike County returned indictments and trial set October 13, 1964, Pike County Circuit Court. Amended petitions for removal filed October 8, 1964. All released on bail (surety bonds) October 19, 1964.

51= McCOMB FOOD ARRESTS October 24 and 25th, entire COFO staff, 14 persons, arrested for violation of health laws; i.e., handling food. Health inspector said as COFO was cooking for a number of people, required to have permit to operate food establishment. All released $100 cash bond each. Trial held 7:30 a.m., October 27th. All released except Jesse Harris, project director, who was fined $100. Notice of appeal filed,

52. Mc COMB - MASS .COURTHOUSE ARRESTS October 27th was designated "freedom day" in the City of McComb; COFO workers and National Council of Churches' ministers accompanied local Negroes to Pike County courthouse. They were met by Sheriff Warren and numerous police officers who informed them that registrar's office closed and that they could either leave the courthouse or be arrested. They refused to leave and during the day 40 persons were jailed for trespassing and refusing to obey an officer. Released on $100 bond each, October 29th - complaint filed federal district court for temporary restraining order and injunction against further police harassment of civil rights workers. Hearing before Judge Mize October 31st. Mize stayed prosecution of 40 persons arrested and scheduled full evidentiary hearing on TRO and preliminary injunction for November 16th. Hope to present full story of persistent threateningsaand terroristic tactics of law enforcement officials against local Negroes attempting to register to vote as well as COFO workers. MERIDIAN 53 CITY OF MERIDIAN. V. FREDDIE LEE WATSON. ET AL (S. D. MISS.) ("9" defendants) 5/23/64 - Watson arrested while distributing leaflets outside Newberry's Dime Store urging boycott of downtown stores. 5/30/64 - Hosley arrested while distributing leaflets in front of Woolworth's and charged with "interfering a man's business.' Released on $50 cash bond.

- 12 - 5/30/64 - 6 others arrested outside Woolworth's and Kress' after distributing literature. Three defendants were charged with being 'dangerous and suspicious." Three others placed under arrest for "investigation." 5/31/64 - One defendant arrested in Woolworth's and charged with disorderly conduct. 6/1/64 - Eight defendants arraigned in Juvenile Court without counsel. Bond set at $50 per person. Trial set for 6/3/64, continued to 6/10/64, charges changed to "conduct likely to lead to breach of the peace." Or. 6/10/64, the morning of trial, petitions for removal filed Fed. Dist. Ct., S. D. Rejected because not filed in duplicate. State court tried and convicted defendants. 6/12/64 - habeas corpus petition filed Fed. Dist. Ct. and denied. Motion for t.r.o. enjoining city officials from executing sentences granted. Petitions for removal perfected. Motion to remand 6/30/64. Motion for stay pending appeal to 5th Circuit and Notice of Appel to the 5th Circuit filed 7/14/64.

54. CITY OF, MERIDIAN V. SUSAN GOLICK, RICHARJ) LOJffiNSTEIN^MARJORIE ANN HENDERSON, JEREMEY KEMMERER,. .AND JOSEPH. A GROSS Five White Oberlin students arrested while passing out "free dom ballots" in "freedom vote" election October 31, 1964. All charged with distributing leaflets without a permit. Released on $50 bond each. Petitions for removal filed November 6, 1964,

MQ ORES V.I LLE 55. STATE. OF MISSISSIPPI V.. EMILIE SCHRADER Emilie, a White COFO worker, arrested in rural Mississippi town after being run out by mob. Her car had broken down and she summoned Negro friends from Tupelo to help her from a gas station phone which turned out to be party line. In few minutes, numerous police and local people appeared at station and threatened her. When her friends arrived and hitched her pickup, crowd preceded her on highway and parked. She was stopped, arrested for operating a motor vehicle in reckless manner (car was being towed at time), jailed and released on $100 bond. Petition for removal filed 11/6/64.

PASCAGOULA 56. PASCAGOULA REMOVAL CASES (S. D. MISS) 62 persons arrested while attending a voter registration meet- int 8/4/64 in Pascagoula. 55 charged with breach of the peace, 7 with possession of obscene pictures. County officials and Pascagoula police, after warning the previous week that voter registration meetings would be dispersed, arrived 50 strong, armed with revolvers, rifles and billy clubs, in bus and cars. Also had tear gas. About 40 whites were peacefully watching. At one point, police ordered the meeting to disband in 5 minutes. Upon refusal, all were jailed in Jackson County Farm Jail At 8/5 trial, counsel had only 30 minutes to confer with any of petitioners. Continuance granted until 8/10/64. Some released on bail, others stayed in jail. 8/11/64, petition for removal filed; amended petitions filed 8/25/64. Motion to remand filed 9/16/64. Hearing set for 9/23/64. Answer to amended petitions and motion to remand filed September 18, 1964. Hearing set U. S. District Court September 23, 1964. Postponed until September28, 1964. Motion to remand sustained. Notice of appeal being noted.

- 13 - PHILAIlELPHjLA, 57• STATE OF MISS. V. SOHIFFMAN Defendant arrested 9/14/64 during "Freedom Day" in Philadelphia. Charged with failure to obey officer. Out on $500 bond. Trial scheduled for 10/26. Removal petition filed on or about 10/25 64. State Court tried Schiffman anyway, forfeited bond. Con tempt proceedings being brought.

RULEVILLE 58. M. C. PERRY V. CITY OF RULEVILLE (N. Do MISS.) GCR 6459 Perry, 11th grade SNCC worker, arrested 8/15/64 for disturbing the peace when he failed to bring a parent with him to Rule ville Negro High School to discuss civil rights activities with principal. Unrepresented by counsel, he was convicted same day in Mayor's Court and sentenced to 30 days on the Sunflower County Farm and $100 fine. Incarcerated until 8/15, paid $500 bond pending appeal for trial de novo in Sunflower County Circuit Court. 8/24/64, petition for removal filed. No motion to remand received as yet.

STARKVILLE 59. RONALD, BRIDGEFORTH, V... CITY OF. STARKVILLE (N. D. MISS.) ECR 6458 8/13/64 Bridgeforth, White COFO worker, went to J P Ct. to pay a parking ticket. When told he had to be fingerprinted and mugged, he asked to see the law, and was told there was no copy there. He asked for legal .advice, paid the fine, but was jailed. 8/14, $500 bail paid and judge held Bridgeforth in con tempt of court and sentenced him to $50 fine and one day in jail. Counsel not notified of hearing, which was 8/15. Judge asked if he would be fingerprinted and mugged. When he asked to see a lawyer, the judge held him in contempt again, and sentenced him to $50 and another day in jail. 8/16 - fingerprinted and mugged when jailer told him his lawyer knew about it. Fines totalling $100 and $23 costs were paido Trial set for 8/18 on charge of refusing to be fingerprinted and mugged. Petition for removal filed August, 1964.

WEST ..POINT 60. CITY. OF .WEST POINT V.. LEWIS, BELL,, BERNARD.,., GI.LMAN & ...BROOKS October 31, 1964, 5 volunteer students arrested while dis tributing freedom ballots. Charged with distributing leaf lets without permit. Released on $100 bond each. Petitions for removal filed November 6, 1964.

- 14 - B. Affirmative Federal Cases

ABERDEEN 57. LEE F. DILWORTH,. ET AL ?, T N RINER,,..ET AL. , So^^^1011 September 5, 1964, 19 Negro citizens of Aberdeen, Monroe County, Miss., entered Tom's Restaurant and requested service. Upon refusal to go around to back entrance, police were called. Defendants arrested and charged with trespassing. All released on bail. Trial set for October 7, 1964, Municipal Court. Complaint under Civil Rights Act to enjoin prosecution of de fendants and further discrimination in restaurant's facilities filed September 21, 1964. Hearing on temporary restraining order October 2, 1964 wherein Judge Clayton refused to stay state court prosecutions on grounds he banned by ^2283« Notice of appeal from Judge Clayton's denial of injunction relief filed October 6, 1964. As state court trials were coming up October 7? 1964, requested stay from Judge Clayton which was refused. A call to Judge Wisdom of 5th Circuit Court of Appeals who called Judge Clayton resulted in getting stay of State Court proceedings evening of October 6, 1964. The 5th Circuit acted because it "was of the view that legal questions^ presented are substantial and deserving of adequate briefing and arguments". 5th Circuit ordered October 13, 1964, de fendants filed motion for more definite statement. Answer to motion being prepared. Appeal docketed October 21, 1964. Brief due 20 days from this date.

DREW

58. GEORGE. .WINTER,..ET AL V._,W.._0._ WILLFORD,. .MAYOR.t. ET AL (N. Do MISS.) Civil Action GC 6448 8/14/64, a Friday, Mayor Willford of Drew issued a proclama tion that at the end of the working day all civil rights workers be taken into protective custody and held in city jail until the next normal working day of police. Motion filed 8/ /64 Fed. Dist. Ct. for t.r.o. and order to show cause why t.r.o. shouldn't be permanent. Winter and three others who intended to stay the night at a Negro woman's home were seized and held without charge overnight. Hearing held 8/27/64. 8/28/64 Drew Board of Aldermen met, decided to rescind the 8/14 proclamation, which the mayor did by order 8/31. Judge Clayton dismissed the complaint.

JACKSON 59. TOM ATKINS. ET AL V. ELITE RESTAURANT, ET AL. (S. D. MISS.) Class action under Title II, Civil Rights Act, £1Vl1 Actlon to enjoin Elite, two Primos, Lindy's Pancake ••••• • — —- House, People's Cafe, and Mayflower Cafe - Jackson restaurants, from refusing service to Negroes. Each of the restaurants was tested on 7/30/64. Suit asks $100,000 damages from each defendant, in addition to costs; filed 8/ /64. No answer. 60. COFO. ET AL V. MISSISSIPPI FAIR COMMISSION (S. D. MISS.) Suit arose from Commission's failure to rent Coliseum to COFO for August 18th folk festival. White and. colored entrances with signs maintained. Motion for t.r.o. filed 8/6/64 seeking preliminary and premanent injunction against further segregation in Coliseum. Hearing 8/14/64. Affidavits re quested and submitted. Judge granted injunction against further segregation of premises but denied COFO's request to rent.

- 15 - JACKSON - continued 61. EVERS,, ET .AL V.. .PERMANENT .CAPITOL COMMISSION (S. Do MISS.) Civil Action No. 3624 (J) (C) Class action filed 8/28/64 calling for desegregation of facilities in state office buildings and capitol in Jackson —rest rooms, water fountains, lunch counters, etc. No answer filed or hearing date set yet. Interrogatories due 10/21/64. Answer filed October 21, 1964.

ADDITIONS

COLUMBUS 24a. STATE OF MISS.._V... NORMAN CHASTAIN . Trial on traffic violations: improper driver's license and plates. Out on $33 bail. Rec'd continuance until Monday, Nov. 16. Quiry: Should case be removed or defaulted. Chastain is out of tie state apparently not knowing trial for 11/9/64. BELZONI 8a. STATE OF MISS. V.. DICK SIMPSON,,..WILLIE .SHAW^...MATTHEW .HUGHES, 11/10/64 (on or about) arrested for receiving stolen property. Preliminary hearing - bail reduced to $500 for Dick Simpson - released waiting grand jury action. Charges on Shaw and Hughes dismissed. Grand jury hearing Feb 1, 1965. Petition for removal being prepared.

- 16 - II

CRIMINAL ACTIONS IN STATE COURTS

ABERDEEN 62. CITY. OF ABERDEEN V. H. L. CLAY 63. CITY OF ABERDEEN V. WILLIE FEARS 64. CITY OF ABERDEEN V. J. J„ MOORE 65. CITY OF ABERDEEN V. GEORGE ROBINSON Defendants, residents of Aberdeen, arrested September 5th, shortly after 19 others had been arrested, at Tom's restaur ant. Clay charged with (a) resisting arrest; (b) impeding an officer; (c) public drunkenness; and (d) assault upon an officer. Out on total of $1350 bond. Settled. Fears charged with obstructing justice; Moore charged with "following too closely"; Robinson charged with "follow- too closely" and improper muffler. Trial for all 4 scheduled 9:00 a.m., September 23, 1964 in J P Court of Aberdeen, Judge J. H. Miller. All cases court fines paid.

BATESVILLE 66. STATE OF MISSo. V. SAMUEL ECHOLS Writ of error coram nobis to Circuit Court being prepared. Arrested for perjury having stated on registration form he had never been arrested before. Records show differently, Fined $200. Plead guilty under duress without counsel - got 18 months in jail.

BILOXI 67. STATE OF. MISS... V. JAMES BLACK (Municipal Court, Biloxi) 8/22/6 4 - Defendant went with 4 teen-age Negro girls to Baker's restaurant in Biloxi to tost Civil Rights Act. They sat at counter, were refused service and told to leave. When they didn't move, police were summoned and Black arrested for trespass. Released on $300 bond. At 8/27 trial in municipal court, decision reserved pending brief and/or oral argument. Brief noted 9/4. Case still pending. Judge has reserved decision pending U. S. Supreme Court's decision in Maddox.

CANTON 68. STATE. OF MISSo. V, GEORGE .WASHINGTON.,. JR.. (J. P. Ct., Madison County) 9/17/64 - Defendant arrested, charged with carrying con cealed weapon. Out on $750 bond. Trial set for 9/21/64. Petition for removal filed 9/28/64.

.MADDEN (NEAR CARTHAGE) 69. STATE OF,MISS., V,. HEININGER 70„ STATE. OF MISSo, V. POLACHEK Polachek went to the Madden Clinic 7/30/64 - left, after being called a "nigger lover," because of the hostile atmosphere.

17 Returned next day with Rev. Heininger, NCC minister; they were assaulted by Dr. Thaggard and about ten others. Rev. Beininger knocked unconscious, Heininger and Polachek both prevented from leaving. County constables arrived and arrested them for disturbing the peace. They were put in Leake County jail in Carthage, held a couple of hours without medical attention, released on $100 bail each. Trial set for 8/27/64, but continued. Prosecutor told Sokolow, President's Committee, that he wasn't interested in pressing charges. No definite offer from prosecutor yet. Must be checked on. Petition for civil suit drawn up.

DREW, 71. STATE OF MISSo. V... FRED. R., MILLER and EDWARD B... WILLIAMS (Circuit Court, Sunflower County) Defendants arrested 7/30/64 in Drew, for allegedly distributing handbills without a permit, though arresting officer had only seen them put some in a pickup truck. On 7/31 they were con victed in Mayor's Court, sentenced to $100 fines and 30 days at the Sunflower County Work Farm. Appeal bonds of $200 each were filed for trial de novo, in County Court.

GREENWOOD 72. CITY OF GREENWOOD V. PETER KAISER Kaiser was arrested 9/8/64, charged with interfering with an officer. Released on $200 bail 9/9/64. At trial 9/14, pled not guilty and was acquitted.

HATTIESBURG 73. S.TA T.E. OF MISS. V,. LAWRENCE GUYOT (Sup. Ct. of Miss.) Guyot was arrested in Hattiesburg 1/24/64, charged with con tributing to the delinquency of a minor. Convicted and sentenced to 6 months and $500 fine. County and Circuit courts affirmed conviction. Appeal filed Miss. Supreme Ct. about July 22, 1964. Brief due 10/1/64. 74. STATE. OF.MISS.. Y, HENRY HUEY BAILEY. (County Ct., Forrest Co.) Bailey, a COFO worker, was arrested 9/9/64 in Hattiesburg on 5 counts of false pretenses, in that he did "wilfully,and unlawfully and feloniously, with intent to defraud, make, issue, and deliver to Lawrence Hession, Sr., for value" 5 checks without sufficient funds. Arraignment held 9/10. Despite the fact that the name of the person signing the checks was "Henry L. Bailey," and defendant's name is Henry Huey Bailey, and despite the totally different handwriting of defendant from that on the checks, he was bound over for grand jury action in October. Bail of $1500 per count set— $7,500—and Bailey remains in jail. Have requested pre liminary hearing, scheduled week of 9/21/64. Case dismissed.

INDIANOLA 75. ,IN RE THEO HARRISON 8/28/64 - Eight juveniles arrested at Negro high school and charged with disturbing peace, entering school grounds. Charges against three dismissed; four declared delinquent, placed on probation for 6 months. Harrison, a 12 year old, was ad judged delinquent and ordered to training school 8/28/64. Juvenile court judge to be contacted re length of sentence. Further action to be taken.

- 18 - 76. CITY. OF INDIANO.LA, V.. .GEORGE LEE JONES (Cir. Ct., Sunflower Co.) 7/12/64 Jones, local Negro participant in COFO Indianola project, was taken by local Negro policeman to see the police chief in chief's office, where local Negro policeman told him, "We all gwine whup yo ass." Jones asked to get a drink of water and fled, hiding out for a few days. 7/17, officer arrested him downtown, charged him with running from arrest, and jailed him. 7/18. not allowed to use telephone, tried and convicted in municipal court, sentenced to 60 days on county farm. Appeal bond filed 7/24, Jones released pending trial in Circuit Court, Sunflower County.

77. CITY OF I.NDIAJTOLA V... GEORGE _M/iRSHALL (J P Ct., Sunflower Co.) Marshall arrested 9/10/64 in Indianola, charged with "leafleting" without a permit. Released on $100 bail and trial set for 9/17. Bail forfeited, since Marshall did not appear. Effort underway to effect a settlement if possible; for feiture usually closes a case under Miss, practice and procedure. To check.

JACKSON

78. JAMES. EDWARD, JACKSON. V._ SUPT...,. PARCHMAN STATE....PMITMTIARY, (N. D. Miss.) 6/26/64 - Defendant arrested in Columbus, charged with dis tributing literature without permit, while passing out leaf lets describing Civil Rights Act. 6/29/64, about to be re leased on bail, he was taken to Lowndes County Circuit Court. In June, 1962 Jackson had been convicted on two counts each of burglary and larceny. He served one two-year sentence and \tfas released 3/12/64 from Parchman. Second sentence was "retired to the file," a quaint Columbus custom common with Negro defendants. Judge Green unretired the prior sentence and Jackson was taken back to Parchman. Petition for writ of habeas corpus. MILESTON 79. COUNTY OF HOLMES ..V... DOW.. HAMER (J. P. Ct. , 1st Dist. Holmes Co.) Hamer, a COFO worker, was arrested 9/13/64 and charged with (l) driving without a license; (2) improper lights on car; and (3) vagrancy. Pleaded nolo on the first two counts, not guilty on third. At trial 9/18/64 in Lexington, found guilty on all three counts and sentenced to 30 days in jail and $250 fine on count 1; $5.00 fine on count 2, and 30 days in jail on count 3. Appeal bonds set at $400 on count 1, $50 on count 2, $500 on count 3, total, $950. COFO in Mileston is trying to raise money for appeal.

MOSS. POINT 80. STATE OF MISS., V... .BARBiJtA.FAY. KELLY (Municipal Ct., Moss Point) 8/14/64 Barbara Fay, a 16 year old Negro girl of Moss Point, took laundry to Scotch Washeteria, which has two entrances; entered the "white" side and put her laundry in a machine. A white man came up and inquired of her "Haven't you made a mistake?" to which she replied, "No, I would like to wash right here." After more discussion (while her laundry was washing in the machine), police were called. Two officers arrived and asked if she "wouldn't like to go around to the colored entrance." She answered no. They then arrested her for trespassing on private property. Bond was set at $300, trial set for 9/21/64 in Municipal Court, Moss Point. Barbara turned over to Youth Court. Nov. 4th hearing, Judge released her in recognizance of her parents.

- 19 MOSS POINT - continued 81. STATE OF MI.SS._V.. NETTIE. _SELLERS^. ET_AL (Circuit Court, Jackson County) 8/26/64 Defendants, six Negroes, were arrested while peacefully picketing the Scotch Washeteria in Moss Point and taken to the city jail, where they were denied permission to notify next of kin and/or counsel. At police court trial the same day, without counsel, they were charged individually with failing to obey an officer and obstructing the public way, and were summarily convicted. 8/27/64 after considerable harassment, bonds of $250 each were accepted and defendants were released pending trial de. novo in County Court. Removal contemplated.

NATCHEZ 82. CITY OF NATCHEZ V. JESSIE BERNARD, JANET JERMOTT, and CARVER l';CHIC0."l NEBLETT (Municipal Court, Natchez) Defendants arrested and charged with vagrancy 9/11/64. Charges clearly without basis. Released on $100 bail each, 9/11, Trial set for 9/18, petitions for removal prepared. 9/17 police justice and city attorney decided to dismiss the charges because "the city did not have enough to go on." Return of bail sought.

STARKVILLE 83 . CITY, OF...STARKVILLE V._ STEPHEN C... FRASER (Mayor's Court, Starkville) 8/1/64 White COFO worker arrested for speeding and jailed. Police chief's brother told prisoners "Kill him." Released $15 bail. At 8/3 trial, mayor continued case to 8/10. Again continued indefinitely.

YAZOO. .CITY 84. CITY. OF. YAZOO.. CITY V... LENORA TH.URMAN (Circuit Court, Yazoo City) Defendants arrested 11/3/63, charged with distributing handbills without permit. 11/4/63 trial in municipal court, convicted and sentenced to $100 fine and 15 days in jail. Released on $100 appeal bond pending trial de novo. in Yazoo County Court. No trial date set yet.

- 20 - Ill

FREEDOM DEMOCRATIC PARTY

INJUNCTION

85. STATE,_EX.REL_. JOE T. PATTERSON V.. EDWIN...KING,. ET, AL (Chancery Court, Hinds County) 8/12/64 - Chancery Court of Hinds County issued ex parte injunction without notice enjoining ten named defendants, delegates and alternates of the FDP, from using the word "Democratic" in partytbs name and from otherwise acting as representatives of the party. The complaint alleged FDP had not complied with state law governing organization of political parties. Defendants served five or six days later. August 22, 1964, hearing date set September 14, eve of delegates' departure for Atlantic City. Answer and motion to dissolve and for an accelerated hearing filed chancery court. Court modified so much of injunction as prohibited delegates from going to Atlantic City. September 14th, hearing date rescheduled for October 5, 1964, chancery court. November 17th - full hearing on injunction including ex clusion of Negroes from regular Democratic Party. October hearing held just on issue of law.

November 11, 1964: Motion to be signed and order to be filed adding additional party complainants.

Mc.COMB 86. STATE OF MISS. V. LEE GARRETT, JOHN 8 MARY DOE Ex parte injunction issued by chancery court of McComb September 1964, enjoining all persons from acting in the name of or on behalf of FDP. Motion to dissolve- being filed. Hearing set December 14, 1964.

21 £.Co , /A/oo../96Yu

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION

MRS. ALYENE QUINN, MRS. MATTIE DILLON, MRS. ROSA- BATES, ALTHEA SPINKS, ESSIE REED, EVELYN NELSON, REVEREND DANIEL ROSS, MRS. DANIEL ROSS, LOUISE BANKS, GENERAL WHITE, MRS. ROSA MAE WATSON, MRS. BERNICE EUBANKS, ROBERT McGEE, individually and on behalf of others similarly situated; JESSE HARRIS, CEPHUS HUGHES, JULIUS SAMSTEIN and DENNIS SWEENEY, individually and on behalf of those similarly situated; REVERENDS CHARLES BLACKBURN, ROBERT BEECH, RICHARD STERNBERGER, HARRY BOWIE, DAN CUSTIS, TOM FOSTER, LLEWELLYN KIMMERLE, WALTER MEHL, FRED CORNELL and JOEY JETER, individually and on behalf of those similarly situated, Plaintiffs, v. CIVIL ACTION NO. R. R. WARREN, individually and as Sheriff of Pike County, Mississippi; GEORGE GUY, individually and as Chief of Police of the City of McComb, Mississippi; EDDIE SMITH, individually and as a police officer of the City of McComb; HUEY MILLER, individually and as a police officer of the City of McComb; "BIG JOHN" SHARPLING, indi vidually and as a police officer of the City of McComb; T. B. BIRDSONG,.individually and as Director of Public Safety of the State of Mississippi; their agents, successors, employees and attorneys, Defendants.

COMPLAINT

TO THE HONORABLE JUDGE OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

This is a civil action seeking a temporary restraining order, a preliminary injunction, a permanent injunction, and other equitable relief to enjoin the deprivation under color of law of the State of Mississippi plaintiffs' rights, privileges and immunities secured by the United States Constitution and statutes specifically set out below. Jurisdiction of this Court is invoked pursuant to Title 28, U.S.C, Sections 1343 and Title 42, U.S.C, Sections 1971, 1983, 1985, and the Civil Rights Acts of 1957, I960 and 1964.

A. Plaintiffs, Mrs. Alyene Quinn, Mrs. Mattie Dillon, Mrs. Rosa Bates, Mrs. Althea Spinks, Mrs. Essie Reed, Mrs. Evelyn Nelson, Rev. Daniel Ross, Mrs. Daniel Ross, Mrs. Rosa Mae Watson, Mrs. Louise Banks, Mr. General White, Mrs. Delores Johnson and Mr. Robert McGee, all Negroes, are citizens of the United States and residents of Pike County, Mississippi. They sue individually and on behalf of other Negro citizens of the State of Mississippi and of Pike County similarly situated, which class is too numerous to bring before the court.

B. Plaintiffs, Mr. Jesse Harris and Mr. Cephus Hughes, are Negro citizens of the United States. Plaintiff Harris is director of the Council of Federated Organizations (COFO) project in Pike County, Mississippi, and a citizen and resident of the State of Mississippi. Plaintiff Hughes is a citizen of the State of Maryland,- presently residing in McComb, Pike County, Mississippi. They sue individually and on behalf of all Negro COFO workers similarly situated.

C. Plaintiffs, Mr. Julius Samstein and Mr. Dennis Sweeney, are white COFO workers presently residing in McComb, Pike County, Mississippi. Plaintiff Samstein is a citizen of the State of New York. Plaintiff Sweeney is a citizen of the State of Oregon. They sue individually and on behalf of all other white COFO workers similarly situated.

D. Plaintiffs, Llewellyn Kimmerle, Walter Mehl, Richard Sternberger, Charles Blackburn, Robert Beech, Fred Cornell and Dan Custis, are United States citizens and white ministers present in

- 2 - Mississippi under the auspices of the National Council of Churches to aid COFO workers in obtaining equal civil rights for Negroes in the State of Mississippi. Plaintiff Kimmerle is a citizen and resi dent of the State of Ohio. Plaintiffs Mehl and Cornell are citizens and residents of the State of Illinois. Plaintiff Sternbeasger is a citizen and resident of the State of New York. They sue individually and on behalf of other persons similarly situated.

Ill

Defendant R. R. Warren is Sheriff of Pike County, Mississippi. Defendant George Guy is Chief of Police of the City of McComb. Defendant Eddie Smith is a police officer of the City of McComb. Defendant Huey Miller is a police officer of the City of McComb. Defendant "Big John" Sharpling is a police officer of the City of McComb. Defendant T. B. Birdsong is Director of Public Safety of the State of Mississippi. They are sued individually and in their capacity as law enforcement agents of the State of Mississippi, County of Pike, and City of McComb. All of the defendants are engaged in the enforcement and execution of the laws of the State of Mississippi, County of Pike and City of McComb and have been a~\&, upon information and belief, are presently acting under color of authority of the State of Mississippi as law enforcement officers of the State of Mississippi, County of Pike and City of McComb.

Defendant law enforcement officers have for a period of time and, more particularly, since the beginning of the COFO "Summer Project" in June 1964, combined and conspired under color of statutes, ordinances, regulations, customs and usages of the State of Mississippi to subject or cause to subject plaintiffs, all citi zens of the United States, while engaged in civil rights activities in the State of Mississippi, to the deprivation of rights, privileges and immunities secured by the Constitution and laws of the United - 3 - States. By action and inaction, including arrests, prosecutions, intimidations, threats and other harassments, and by the failure of defendants to provide plaintiffs with police protection, defendants •have denied to plaintiffs the equal protection of the laws and, more particularly, the right to register and vote and to encourage and help others to register and vote.

A. October 26, 1964, was designated "Freedom Day" in the City of McComb by COFO (an organization dedicated to implementing equal civil rights, including the right to vote, for Negro citizens in the State of Mississippi) to encourage large numbers of Negro citizens of Pike County to exercise their federally secured right to register and vote.

B. At approximately 9:30 a.m. on the morning of October 26, plaintiff Jesse Harris and four white ministers, plaintiffs Kimmerle, Mehl, Foster and Cornell, arrived at the Pike County Courthouse in the City of Magnolia, Mississippi. They were met by defendant R. R. Warren and three deputy sheriffs as they approached the Courthouse entrance. Several Highway Patrolmen stood nearby. Warren read a court order to them stating that the voting registrar's office was closed and that if they did not go home immediately they would be arrested. Notwithstanding this threat, these plaintiffs continued to advance toward the Courthouse entrance; plaintiff Harris again attempted to talk to defendant Warren who told plain tiff Harris that he had exactly three minutes to leave or be arrested for contempt of court. While continuing to peacefully approach the Courthouse these plaintiffs were arrested, jailed and charged with trespassing and refusing to obey an officer.

C. Shortly thereafter, more local Negro citizens of Pike County, Mississippi, ministers and COFO workers, plaintiffs herein, arrived at the Pike County Courthouse and attempted to enter to register or aid others to register to vote. They were all met by a - 4 - police officers of McComb and Pike County, defendants herein, and were told to leave or be arrested. They continued toward the Court house and were all jailed and charged with trespassing and refusing to obey an officer. Plaintiff Spinks was additionally charged with assaulting an officer. Bond in the amount of $100.00 was set for each defendant with the exception of plaintiff Spinks who was held under $200.00 bond. Most of those arrested have been released. Plaintiffs Kimmerle, Foster, Sternberger, Blackburn, Custis and Samstein and Rev. Kenneth Bell are still incarcerated in the Pike County jail at Magnolia, Mississippi.

All of the plaintiffs' arrests stem from their sole act of attempting to exercise their federally secured right to register to vote and/or to assist others to register to vote. Plaintiffs'- attempt to enter the public courthouse of the City of Magnolia, Pike County, Mississippi, to exercise the right to register and vote secured by the Fifteenth Amendment to the United States Con stitution was entirely peaceful and orderly. Despite their clear right to register and vote, and despite their entirely peaceful conduct, they were arbitrarily arrested and jailed by the City, County and, it is believed, State Highway Patrol officers of the City of McComb, Pike County, and State of Mississippi. Among those arrested were Rev. Daniel Ross, 94 years old; his wife, 78 years of age; and Mr. General White, 80 years of age, all longtime residents of Pike County.

VII

October 27, 1964, Lewis Campbell and Buddy Coleman, two Negro citizens of Pike County, were arrested for trespassing as they attempted to enter the Pike County Courthouse to register to vote. Rev. Dan Blanchette, a white minister accompanying them, was also arrested for trespassing. All three were immediately incarcerated. Eleven other arrests occurred during the afternoon for the same offense, - 5 - VIII

Plaintiffs allege that the blatantly illegal actions of the defendants and their agents on October 26 and October 27 in arrest ing persons who attempted to register to vote or who encouraged others to register to vote as they attempted to enter the Pike County Courthouse, is the latest of a series of illegal acts committed by defendants against persons engaged in civil rights activities in the City of McComb. Plaintiffs allege that there has been a policy and practice by defendants of arrests and prosecutions to deter, hinder and punish plaintiffs and others active in civil rights; that over the past several months numerous arrests of civil rights workers have occurred. Examples of the unequal application by defendants of the law to such persons include:

A. Roy Lee, a Negro citizen of the City of McComb active in civil rights, was arrested on August 15, 1964, when he started to pray aloud at the scene of the bombing of the Burglund Supermarket in the City of McComb. "Big John" Sharpling, viewing Lee on his knees in front of the supermarket, came toward him with a gun as if to strike him, but was prevented by COFO workers covering Lee's body with their own. When Lee returned to the scene of the bombing later that night, defendant Huey Miller told Lee, "Nigger, next time there's a bombing you'd better not show up or I'm going to bloi* your brains out." Lee was arrested, jailed and charged with breach of the peace.

B. On August 22, 1964, Percy McGhee, a COFO worker, was arrested as he stood in the Pike County Courthouse, charged with loitering and jailed. On the same day, Cephus Hughes, another Negro COFO worker, went to the courthouse to post bond for Percy McGhee. The jailer, Roy Boone, refused to accept the bond money and pulled a gun on Hughes.

C. August 27, the home of Mrs. Willie John Dillon was bombed. Defendant Warren, upon arriving at the bomb scene, told Mrs. Dillon that if she did not cooperate with him instead of the COFO workers, - 6 - more than the bombing would happen. Later, a .ighway patrolman returned to question Mrs. Dillon and stated that the next time he hoped they would put the bomb in the middle of the house. Some hours later Mr. Dillon was arrested and charged with operating a garage without a license and tampering with electric lines.

D. September 20, Mrs. Ojuinn's home was bombed while her two children and a baby sitter slept inside. Many Negro citizens gathered in anger at. Mrs. Quinn's home and expressed resentment against police, officials. Between September 20 and 23, city, county and state police officials arrested and jailed approximately 25 Negro citizens of Pike County without warrants and without informing them of the charges against them. They were held under flagrantly excessive bond of $5,000.00 each in the county jail at Magnolia. Several COFO workers were among those arrested, including plaintiff Dennis Sweeney, who were released after "investigation." Counsel was told several days later that the charge against them was criminal syndicalism under Senate Bill No. 2027 of June 11, 1964.

E. October 23, 14 COFO workers, the entire McComb staff, were arrested by Chief Guy and other city police officials for vio lation of the health inspection laws, to-wit: Handling food without a permit. They were all released on $100.00 bond. Trial was held in the City Court of McComb, Pike County, Mississippi on October 27 at 7^30 a.m. All were acquitted except plaintiff Jesse Harris who was fined $100.00. Notice of appeal has been filed.

Defendants' pattern of conduct and action described herein and further documented in the attached affidavits, has resulted in and continues to effect an unconscionable and shocking deprivation of plaintiffs'basic and unquestioned federally protected rights secured by the First, Fourteenth and Fifteenth Amendments to the United States Constitution. Defendants' conduct has been and is being carried on for the sole purpose and effect of harassing

- 7 - plaintiffs and punishing them for, and deterring plaintiffs from exercising their federally secured right to vote in federal elections and to vote in all elections without abridgement or discrimination by reason of race and their federal constitutionally protected rights of free speech and of free assembly to protest conditions of racial discrimination in voting and in all other aspects of life which the State of Mississippi maintains by statute, ordinance, regulation, custom, usage and practice. This harassment of plaintiffs is pur suant to a policy of racial discrimination actively encouraged, followed and enforced by legislation and by action of the executive and judicial branches of the State of Mississippi.

Plaintiffs further allege that arrests in Pike County by defendants on October 23, 26 and 27, for violation of the health inspection law, for trespassing, and for refusing to obey a police officer, were blatantly illegal and contrary to rights guaranteed by the State and Federal Constitutions and Laws, and designed to further intimidate and prevent petitioners from exercising their constitutionally protected rights to vote and to encourage and aid others to vote, and that plaintiffs are being prosecuted for acts done under color of authority derived from the Federal Constitution and Laws providing for equal rights, that is, United States Consti tution, Amendments One, Fourteen and Fifteen, and 42 U.S.C, Sections 1971, 1983, 1985, and the Civil Rights Act of 1964.

Plaintiffs allege that in addition to the harassment by arrest and prosecution described above, Negro and white persons engaged in civil rights activities in Pike County, Mississippi have been sub jected to many terroristic acts. For example, on July 8, 1964, the COFO Freedom House was bombed injuring several COFO workers; July 26, 1964, two bombs were thrown at the home of Charles Bryant, the head of the local National Association for the Advancement of Colored

- 8 - People, Pike County, Mississippi4 August 28, 1964, a bomb was exploded on the lawn of plaintiff Willie J. Dillon's home; September 7, 1964, four bombings of property owned by Negroes occurred, including the home of Rev. Hugh Washington, a Negro active in civil rights; September 20, 1964, the home of plaintiff Alyene Quinn was bombed; on the same evening the Society Hill Baptist Church, a Negro church in the City of McComb, was bombed. Plaintiffs allege that many more incidents of a similar nature have occurred in the City of McComb over the past several months. Plaintiffs further allege that these terroristic acts are pursuant to a conspiracy to interfere with and prevent them from obtaining equal civil rights for Negro citizens of the State of Mississippi and that defendants, by their illegal acts and prosecutions, have aided said conspiracy to prohibit plaintiffs' exercise of federal constitutionally secured rights.

XII

Plaintiffs allege (a) that there is no adequate remedy at law; (b) that unless this Court grants an immediate temporary restraining order plaintiffs will continue to be illegally prosecuted and other wise intimidated for attempting to exercise their federal constitu tional rights; and (c) that those plaintiffs still remaining in jail in McComb, Pike County, will continue to be punished for having attempted to exercise their constitutional rights. Plaintiffs fur- there allege that unless defendants are immediately restrained, defendants will continue to interfere with plaintiffs' right to enter the Pike County Courthouse for the purpose of registering to vote on threat of arrest and prosecution contrary to the Fourteenth and Fifteenth Amendments to the United States Constitution. More over, plaintiffs allege that unless defendants are restrained from using abusive and intimidating tactics, plaintiffs will continue to suffer both mental and physical anguish as a result of fear engendered by such abusive acts and practices of defendants as law enforcement officer of the State of Mississippi, Pike County and City of McComb and continue to be denied the equal protection of the laws. - 9 - (Affidavits describing more fully defendants' acts are attached hereto.)

WHEREFORE, plaintiffs pray that this Court hear this action immediately, cause this case to be in every way expedited and, upon hearing, to: (1) issue a"temporary restraining, grder and preliminary injunction enjoining defendants R. R. Warren, George Guy, Eddie Smith, Huey Miller, "Big John" Sharpling and T. B. Birdson, their agents, employees and successors in their individual capacity and while acting under color and authority of law, from detaining, prose cuting, arresting, threatening, harassing, deterring, discouraging, or otherwise interfering with plaintiffs and their class in the exercise of their federal constitutional right to vote; (2) permanently enjoin defendants, their agents, successors, employees, attorneys, and all those acting in concert with them and at their direction from detaining, prosecuting, arresting, threaten ing, harassing, deterring, discouraging, or otherwise interfering with plaintiffs and their class in the exercise of their federal constitutional right to vote; (3) temporarily and permanently enjoin defendants, their agents, successors and employees as lav; enforcement officer to pro vide to plaintiffs and their class the equal protection of the laws guaranteed by the Fourteenth Amendment to the United State Constitu tion; and (4) allow plaintiffs their costs herein, including reasonable attorne:/s' fees and such other, additional relief as may appear to the Court to be equitable and just.

Respectfully submitted,

"Carsie A. Hall Jack H. Young 115# North Farish Street Jackson, Mississippi

- 10 R. Jess Brown 125# North Farish Street JaCkson, Mississippi

Henry M. Aronson 507>£ North Farish Street Jackson, Mississippi

Jack Greenberg Melvyn Zarr 10 Columbus Circle New York 19, New York Attorneys for Plaintiffs

- 11 - RABINOWITZ & BOUDIN ATTORNEYS AT LAW 30 EAST 42«P STREET NEW YORK 17, N. Y.

OXFORD 7-8640

VICTOR RABINOWITZ CABLE: RABOUDIN LEONARD B. BOUDIN 711 14-TH STREET N.W. ARTHUR SCHUTZER November 6, 1964 WASHINGTON 5, D.C. MARY M. KAUFMAN NATIONAL 8-4047 HENRY WINESTINE MICHAEL B. STANDARD ALAN C.GLASSMAN Leonard H. Rosenthal, Esq, 221 No. President Street Jackson, Miss.

Bruce Waltzer, Esq. 1006 Baronne Bldg. 305 Baronne Street New Orleans 12, La.

Re: COFO V. PATTERSON COFO V. SCRUGGS Dear Len and Bruce:

Pursuant to my conversation with Bruce early this afternoon, I am enclosing herewith a statement of the issues involved in the above two cases for use at the pre-trial proceedings before Judge Cox on Monday morning. It is my understanding that Bruce will cover the proceeding. If further consultation should be necessary, my home telephone number is Mu 4-7526 and I can probably be reached there from time to time on Saturday and before 11 A. M. on Sunday.

Yours sincerely,

Victor Rabinowitz ,]

VR:J enc. KUNSTLER KUNSTLER a KINOY ATTORNEYS AT LAW

511 FIFTH AVENUE

NEW YORK, N.Y. IOO17

WILLIAM M. KUNSTLER MURRAY HILL 2 - 8317 CABLE ADDRESS MICHAEL J. KUNSTLER "KANDKLEX" ARTHUR KINOY

November 12, 1964

Notice to: COFO LEGAL ADVISORY COMMITTEE

Mr. Smith: Please be advised that the next meeting of the COFO Legal Advisory Committee will take place at the offices of Smith, Waltzer, Jones and Peebles, Room 1006, Baronne Building, 305 Baronne Building, New Orleans, Louisiana on Thursday, November 19, 1964 at 10:00 A. M. Cordially,

JJL^" William M. Kunstler WMK:bkf ..now with your hand, pull the lever down.

Council 0^ federated Organizations

507| N. Farish Street Jackson, Mississippi November 17, 1964

Mr. Benjamin Smith Attorney at Law Suite 1006 Baronne 305 Baronne Street New Orleans, Louisiana Dear Mr. Smith: I am writing at the request of Henry Aronson, as he is out of town at the moment. A query was telephoned to this office yesterday regarding a missing prorerty deed which may be in the possission of your firm. The story as we have it is this: A Mrs. Fred (Lola) Baker signed a $500 property bond for two Gulfport COFO workers arrested in Biloxi in late July or early August on charges of vagrancy and not having a Mississippi sticker. She believes Mrs. Claude (Ollie May) Raspberry was a. co-signer. She says that COFO workers took her deed to show to the "New Orleans lawyers" and said that the lawyers would return the deed to her. However, it has not been seen since then. This is all the information we have to go on. If you could find out anything about the location of the deed, Mr. Aronson would appreciate it. Yours truly,

Richard F. Kennedy

RFK: mk AJJed rVf L0F0. Tt-.'d A«, if .V. "Jacl^f*" Q,rTri'<-t C*mrt, l~k»«L.Lr •f-L« f Y *«• ^^« , « //^r/if/. A. ^ l

R« Hunter Morey, being duly sworn deposes ant says, to*-wit: I an a Field Secretary of the Student Nonviolent Coordinating Committee working with the Council Of Federated Organizations whieh recently put on a Freedom Vote Campaign in Mississippi as part of our civil rights activity to attempt to gain Constitutional rights for Negro citizens in the state of Mississippi*

Attached hereto and a part of this affidavit is a "RUNNING SUMMARY OF INCIDENTS DURING THIS «FREtfDOM VOTE" CAMPAIGN" which took place October 18 - November 2, 1961u This summary was made by our state COFO office staff which I certify to the best of my information and belief to fee a true and accurate statement.

I also know that numerous other violations of civil rights oeurred between fee October 1, 196Ii and October 18, 196U of the same nature as in this summary0 RUNNING SUMMARY OF INCIDENTS DURING THE "FREEDOM VOTE" CAMPAIGN PAGE 88

OCTOBER 18 — NOVEMBER 2, 196)4

OCT. 18

JACKSON: Thirty-five students from Northern schools who volunteered to help in the Freedom Democratic Party's "Freedom Vote" campaign participated in an Intensive orientation program today. About 100 more volunteers are expected to join them on Oct, 26. The volunteers will be assigned to the 1st and 2nd Congressional Districts to help organize FDP rallies and conduct the "Freedom Vote" to be held from Oct, 30 to Nov. 2.

OCT. 19

MERIDIAN: Mrs. Payne, a local Negro from whom COFO rents its Freedom House, notified police about a threatening phone call she had received. A man who "sounded white" called and asked her if she still rented the house to "those guys." When she re plied that she did, he told her, "You'd better get them cut or it'll be bombed." The FBI was notified.

McCOMD: About 200 people attended a meeting of the bombed Society Hill Baptist Church. The meeting was planned to formally hand over a $1,000 check, raised by nationally-syndicated columnist Drew Pearson, to Rev. Ned Taylor to rebuild the church. Mrs. Alyene Quin spoke about her meeting with President Johnson in Wash ington where she informed him of the McComb bombings. She said that although state officials have accused her of "having a record a mile long, I haven't bombed anyone, I haven't robbed anyone, I haven't murdered anyone." She concluded: "But the record I do want to be a mile long is the record of registering voters in Pike County." The meeting ended with the singing of 'We Shall Overcome." Rev. Taylor gave a benediction for the work of COFO. A Freedom Day, scheduled for tomorrow, was postponed until Oct, 26.

OCT. 20

McCOMB: Mrs, Alyene Quin, McComb bombing victim, issued a joint statement with COFO about the current trial of the white men accused of the bombings: 'We think these people are going to go home free. We think that the bombings in Southwestern Mis sissippi are going to start all over again and that somebody might be killed."

INDIANOLA: Clifford Vaughs, 27-year-old Negro COFO worker and photographer from Santa Monica, Calif., was beaten in a lure Oil Co. gas station just outside of Indianola, Vaughs said the gas station attendant motioned and spoke to another white man at the station when he arrived. The second white man (6 ft, 230 lbs) cursed at Vaughs and demanded: "Are you one of them ((civil rights workers)) or are you a nigger?" A Highway Patrolman at the scene drove away just as Vaughs' interrogator began punching him in the face. The FBI was notified.

BELZONI: COFO workers William Ware, Robert Bass, Ellis Jackson, and Joe Louis Stig- ler were bound over to the county grand jury on criminal syndicalism charges. Bond set at $1,000 a piece. The four have been in jail awaiting trial since Oct. 15- While in court they were informed additional charges have been filed against them for "malicious mischief" and the "willful destruction of public property." They are accused of throwing food In the jail, singing Freedom songs, and writing slogans on the walls, and are fined $100 a piece and sentenced to six months in jail. Four other COFO workers in jail with them on similar charges are given similar fines and sentences. As Ware is escorted out of the courthouse by a highway patrolman, he waves as some COFO workers. The patrolman tears his shirt, pushes him, and strikes him across the nose, upper lip and head with a leather object. Minneapolis Tribune reporter Dick Otenntngham offers to post bond for the eight youths. RUNNING SUMMARY.»'». OCT. 23 contd. Pa§e 90.

A sheriff confiscates film from girl volunteer who tried to take picture of a "Colored" sign above washroom in courthouse, A repairman is stepped by white men from fixing a COFO car yesterday. Three civil rights workers arrested today on charges of "operating a food handling establishment without a license." They are released on $100. bond. Nine more white volunteers and a Negro minister are arrested on a similar charge. The 13 learn that police and sanitation inspectors claim that the COFO Freedom House is subject to licensing regulations because it is a public establish ment. COFO claims that the Freedom House1is net used either for the public sale or distribution of food. A $100 bond is set foreach defendant and trial is scheduled for Oct.26. Drew Pearson provides the bond money. Rev, Paul Long,white Presbyterian minister from Rochester,N.Y. working with the McComb COFO office is arrested for "distributing leaflets without a permit." He is releassd on ^50. bond. The thirteen arrested for food handling are transferred from the McComb city jail to the county jail in Magnolia. McComb Circuit Court judge W.H.Watkins,jr., suspends sentences for the nine men who pleaded guilty to racial bombings in the McComb area. He said the men were "provoked by outsiders who come into your community... who are unwelcome and *hey heve been' ...people of low morality and unhygenic..." In explaining the lig ht sentence he says thfct he considered that the men "came from good fammlies." COFO sends press release protesting the sentence by Judge Watkins. It reads: "what provocation justifies the bombings of the homes of innocent people?.,.no one can doubt that had the homes belonged to white families the sentence would have been very different." Throughout the country,including Mississippi,outraged citizens protest the light sentence. The "liberal" Greenville Delta Democrat-Times of Greenville,Miss, says editorially;"Such light punishment cannot serve as a deterrent to potential perpetrators of similar offenses in the future...Judge Watkin's judicial action in this instance is more astounding than any other sentences handed down from a Mississippi bench within our memory." One encouraging note: many citizens,white as well as Negro,including the •heroic editor of the white McComb Enterprise-Journal,J.0. Emmerich, collected reward money to help apprehend the nine offenders. 0ct.2U

JACKSON: Four Freedom Vote volunteers and a local teen-ager are arrested passing out leaflets urging people to vote for the Freedom DRmocratic Party. Later in the day two more volunteers are arrested on similar charges. MCCOMB: A Freddom Day is scheduled for Oct.26. TCHULA: Shots are fired into the home of Hartman Turnbow at 2:Li5 am. He was a FDP delegate to Atlantic City. Luckily,no one is injured but bullets shatter glasses on a shelf and lodge in the walls. RULEVILLE: A rock shatters a window in James King's restaurant. He has been the only Negro merchant in town who would post FDP posters in his window. Five cars circle his home later that day. INDIANOLA: About 15 polling places will be set up for the Freedom Vote. COFO workers are encouraged. A Negro woman tells COFO that a plane dropped a flare near her house and shortly afterwards,a ca r hurled an explosive device nearby. MCCOMB: HO,000 copies of a special STUDENT VOICE edition on the Freedom Vote is awaited eagerly. Literature is desperately needed, ITTA BENA: A cafe owned by Mrs. Willie Barnett is burned. She placed signs from the FDP in her window and promised the use of her cafe as a polling place. The fire station is across the street from her cafe but they don't respond to her call. Fifteen minutes later after almost the entire inside of the place has been gutted, the fireman arrive. The barber shop next door is also gutted. A COFO worker measures the distance from the station to the cafe: 83 walking paces. No evidence of arson is uncovered, JACKSON: Two carloads of new Freddom Vote volunteers are stopped by the police. No arrests are made but police copy down their names. Then the harassment begins. Police demand of Edward Ziff,22, of Princeton University:'What are you doing here?" 'Why didn't you pestay where you came from?" Volunteer Fred Heinze is arrested for allegedly going through a red light and is separated from Leon Phipps,another volunteer who is sitting in Heinze's car. Phipps returns the car to headquarters. The two youths explain that they were ing for the RUNNING SUMMARY OCT. 27, cont. PAGE 92

MILESTON: The MFDP has decided to challenge the seating of four Mississippi legislators in the US Congress. The decision was made in a state-wide meeting of the MFDP in the newly dedicated Mileston Community Center. The move was triggered by the refusal of the state to except petitions by 1000 voters asking that MFDP candidates be placed on the official ballot for the November 3 election. - RULEVILLE: A Negro restaurant owner who put LBJ-Hubert Hunphrey campaign posters in his cafe window is harrassed by police and local whites, A police car and paddy wagon pull:' up in front of his cafe last night and a white man got out and took pictures of the posters. Two nights ago a rock was thrown through his window.

COLUMBUS: Howard Shulman, arrested yesterday, is formally charged with "disorderly conduct" and "distributing leaflets without a permit". Bond set at $200 on each count.

McCOMB: Fourteen more arrests here bring the total of arrests to 36 in the last two days. Local Negroes, accompanied by COFO workers and Minister volunteers, were arrested in the Courthouse parking lot as they were about to enter the courthouse to attempt to register to vote. They were met in the lot by Highway Patrolmen, the Sheriff and several deputies, and a plainclothesman who read a court order ordering the registrar to close his office and appear in court in his capacity as County Clerk. They were ar rested for "trespassing" and are being held on $100 bond each. The arrested have refused bail and intend to stay in jail. Jesse Harris, McComb project director, speaking in their behalf, said,"the peop in jail now are there as a protest against such a system and its laws. They will remain in jail in the hope that their being there will exposa the kind of justice under which confessed bombers go free and Negro citizens, claiming their rights, are imprisoned." John Beecher, correspondent for the San Francisco Chronicle, found a cigarette burning on a neatly arranged pile of crumpled papers. A small hole was burned through the vehicle. Municipal Court Judge Charles Case today found COFO and the 13 difendents, arrested Oct 23, guilty of operating a food handling es tablishment without a license. A $100 fine was levied against COFO. The judge ordered that no more food could be prepared in the Freedom House un til the proper licenses were secured. COFO's" motion for dismissal of the case because of the lack of definition of "food handling establishment" was denied by judge Case, who claimed the outcome of the trial would clear up the ambiguity.

Oct 28

COLUMBUS: Norman Chastain, white Freedom Vote volunteer from San Francisco, is arrested for driving with "improper license" and " improper tags." He is out of jail on $32 bond. Oct. 29 INDIANOLA: Club swinging police broke up an FDP rally at the site of the fire damaged Freedom School, Prior to attacking the crowd of some 230 people police arrested Fred Winn and George Winter, white Freedom Vote volunteers from Sausalito and lone, California, for failing to extinguish a coal oil lantern used to illuminate the outdoor meeting, Mrs Lovie Brown, loca Negro whose legs are amputated to the knee, was clubbed to the ground when she failed to disperse "In a hurry" as ordered, Mary Williams, li2 year old local Negro, was clubbed across the forehead and then arrested for assault and battery, Mrs Oscar Giles, local FDP delegate and a speaker at the rally, reports that police attacked the crowd without giving any previous order to disperse. Upon the attack the crowd proceeded to dis perse in an orderly manner, A total of 13 people were arrested, including 11 local Negroes.

PHILADELPHIA: John Finley, local Negro highschool stuflent, was shot in the arm last night by two unidentified whites. Finley had testified at a Grand Jury investigation into the murder of the three ciiil rights work ers this summer. RUNNING SUMMARY . . OCT. 29, cont. PAGE 93

GLENDORA: Two female Freedom Vote workers threatened by a gun waving police man in a cafe. He told them he didn't want them In town. He went on to curse them and said "we still have grenades and we'll use them

OCT, 30

MERIDIAN: Four Freedom Vote volunteers from Oberlin College and a COFO staff member were arrested while distributing LBJ campaign leaflets. The five whites were charged with "distributing leaflets wihhout a permit." Bond vs $50 each.

IUKA: Negro Freedom Vote worker Clifford Trice, of Tupelo, arrested for "reckless driving" as he was delivering ballots and campaign materials to Freedom Vote polling places. Trice reports that police tried to break into the trunk of the car to examine the material but stopped in their ef fort when he told them the car was from a rental agency.

BELZONI: White Freedom Vote volunteer Richard Simpson and Miss Lucile Lee, 11 year old local Negro, arrested while canvassing for votes door-to- door. Simpson charged with "contributing to the delinquency of a minor." Miss Lee released in the custody of her parents after being held for sever al hours.

CURTIS: Benjamin Graham and Gordon Williamson, Freedom Vote volunteers, placed under "citizens arrest" by a local plantation owner and another armed white while canvassing for votes. They were taken to the Panola County Jail and charged with "trespassing." Bond for the two set at $200 each.

GULFPORT: Negro Freedom Vote worker Dick Flowers arrested for "reckless driving" while checking mechanics of various polling places in Gulfport. Flowers reports that at the time of the arrest he was traveling 17 mph through a school zone.

OCT. 31

RIPLEY: The Antioch Babtist Church, 7™mles south of here, was burned to the ground early this morning. The church, site of an FDP rally last night attended by about 230 people, has long been used as forrcivll right activities. It was to be used as a polling place for the Freedom Vote.

BELZONI: Police Chief Nicholson this morning tried to get 11 year old Lucille Lee to sign a complaint against Richard Simpson, arrested with Miss Lee yesterday. Miss Lee reports she refused to co-operate. Local Negro youths report the police chief has threatened them with arrests and beatings if they continue to work for the Freedom Vote.

GREENWOOD: Police entered the Blake's Cafe, Freedom Vote polling place, and tore down campaign posters. Police also enter the Town Club, in the Negro Babtisttown section of the city with a search warrent for liquor, adn thoroughly search the cafe. They had previously entered the cafe and tore down campaign posters.

WEST POINT: Two white volunteers and a local Negro arrested for "exhibiting printed matter without a permit." At the time of the arrest Robert Gilman, of Bethesda, Maryland, Eddie Brooks, of Chicago, Illinois, and John Bell, of West Point, were waiting in a car for another white volunteer, Edward Ziff, a Princeton University student, who was delivering Freedom Vote bal lots and ballot boxes to a polling place. Ziff was also arrested and charged with driving with "improter tags" and an"improper drivers' license." RUNNING SUMMARY OCT. 31, cont. PAGE 9k

RIPLEY: Francis Mitchell, SNCC staff photographer, was arrested by high- patrolmen and charged with driving with an"improper license." Mitchell, accompanied by Cleve Sellers, Holly Springs Freedom Vote campaign director, were stopped by a highway patrol roadblock as they were approaching the ruins of the Antioch Babtist Church to investigate last night's blaze. They were ordered to turn back and were stopped as they were leaving the area.

A3ER.DEEN: James Dobson, local teen-aged Negro Freedom Vote worker, shot at by a white man from a passing car. He was not hit.

COLUMBUS: Dick Phillips, white Freedom Vote volunteer from Souther Illinois University, arrested for "distributing leaflets without a permit." He was carrying one copy of the STUDENT VOICE at the time of his arrest. Bond set at $200.

WEST POINT: Car belonging to James Watts fire bombed early this morning. The interior is totally destroyed and all the windows shattered. Watts, a local Negro, is not connected with the civil rights movement.

SUNFLOWER.: A cross was burned on the farm of Mr. R. Giles early this morning, Mr. Giles, one of the few registered Negroes in Sunflower, is very active in the Freedom Vote campaign. -

BELZONI: Police Chief Nicholson orders Freedom Vote workers to remove campaign posters from the wall of the COFO headquarters. He threatens arrest when told "if you want them down, take them down yourself." Later a compromise is arranged, Nicholson takes down half the posters. "It was a 50-50 deal," one Freedom Vote worker commented.

NOV. 1

CANTON: Martha Wright, white Freedom Vote worker from San Jose Saate College, arrested while canvassing for votes outside the South Liberty Methodist Church. She is charged with "distributing leaflets without a permitV Bond set at $500. Over 200 people hear James Farmer, National Director of the Congress Of Racial Equality speak in support of the Freedom Vote campaign.

WEST POINT: Joel Bernard, white Freedom Vote worker from Ithaca New York and Gavin Lewis, white volunteer from London, England and student at Princeton University, arrested hhile distributing Johnson Humphrey posters in the Negro section of the town. The two are charged wifE "distributing leaflets without a permit." Bond for the two is $300 each. Carl Rice, local Negro highschool student, expelled "for dis tributing identification tags to other student Freedom Vote workers.

300NEVILLE: White Freedom Vote worker Emma Shrader arrested while driving three white female workers and. a local Negro male to Columbus. She was charged with "running a red light" driving with "improper tags" and hav- an "improper signiture" on her drivers' license. She was released on $50 cash bond. Miss Shrader requested an escort to the county line, fearing the car would be followed, and an officer tailed them to a point just north of Baldwin. As the police car left, several other cars fell in behind them. The four took refuge in the City Hall, in the company of the Con stable, Mayor, a local FBI agent, several police and highway patrolmen. A crowd of about 30 whites had gathered outside the City Hall, congregating around the Freedom Vote workers' car. All refused to cooperate in arrang ing a safe exit for the four. The FBI agent, minimizing the situation, said the three ladies needn't fear harm but could give no assurances for the safety of Ike Coleman, Negro male with the four, since he was "just a nigger." RUNNING SUMMARY NOV. 1, cont. PAGE 95

•

BOQNVILLE, cont. The Jackson office, when notified ot the situation, informed the FBI and called the state office of the Highway Patrol demanding an escort for the four. Aibout an hour later the Mayor dispersed the crowd, telling them "I don't want anybody to harm anyone as low as these people." A highway patrolman provided escort to Tupelo, followed by about.20 cars. The patrolman escorted them to Ruppert's Motel and left the four there for the night. The other cars circled the motel several times, honking their horns, befor dispersing.

COLUMBUS: Gordon Williamson, white volunteer from New York C*ty, and Roy Robinson, Negro volunteer from Berkeley,California, arrested as they left Pratt's Cafe, a Freedom Vote polling place in near-by Crawford. The two were arrested as they were driving back to Columbus, after checking the balloting at the cafe. Williamson, the driver, wa3 charged with having no inspection sticker and "improper tags." Robinson was charged with "interfering with an officer."

RIPLEY: A Freedom Vote ballot bax remains amid the ruins of the Antioch Babtist Church, destroyed by fire early yesterday morning. Negro partici pants in the Freedom Vote refuse to be intimidated by the action and many ballots are being cast at the site. Plans are being made to conduct re gular services at the1 location next Sunday.

NOV. 2

JACKSON: Madeline McHugh, white Freedom Vote worker, arrested while distributing campaign literature near the COFO office. She is charged with "distributing leaflets without a permit."

MOSS POINT: "rillmon McKeller, Negro Freedom Vote worker from Hattiesburg, arrested while driving to Pascagoula to deliver Freedom Vote ballots. ««, Charged with "reckless driving."

JACKSON: . Freedom Vote returns tallied all day and night. Final returns show 68,CljJ people participated in the Freedom Vote. Johnson and Humphre y Lead the ticket with 68,029j Sen. Goldwater received Ik votes., Aaron Henry cur Senate candidate beat incumbent Senator John Stennis 61,014; votes tfc 139. The three FDP candidates for Congress also won in their contests: 2nd. dis+-., Mrs. Fannie Lou Hamer,33,009,Rep. Jamie Whitten,59jiith". dist.,Mrs. Annie Devine, 9,067,Rep. Arthur Winstead,k j 5th dist., Mrs. Victoria Gray, 10,876.,Rep. William Colmer, 16. FDP ballots were cast in $6 of the state's 82 counties and "under ground" ballots were mailed, in from almost every other county In the stfrte. The underground votes were sent in from areas where it was considered danger ous to set up polling places. Some Negro citizens enclosed notes with fcheir" ballots explaining that they didn't leave a return address on their envelopes because they feared reprisals by whites. Over 119 arrests and. 63 other incidents of voting harassment(not counting strictly racial incidents) are reported, to COFO headquarters in the last three weeks of the FDP campaign. Lawrence Guyot,chairman of the FDP says '• that despite the increase in terror during this election, "this election has accomplished the prirposes we have set out to achieve. We now have a local grass roots political organiz ation throughout the state of Mississippi." Guyot thanked the 75 out of state volunteers who came to Mississippi"specifically for the "Freedom Vote" but singled, out the local Negro citizens as the"real heroes. "They are the ones," he said,"who have most to gain but also .the most to lose." He added:" We are not slowing down after the polls have been closed. We will continue to conduct political workshops,hold, meetings and rallies, and. disseminate materials, until we register every Negro citizen who wants to be registered in the state of Mississippi! ."

COUNCIL 0? i'iry' / 7\B c •G/,fT,>,:rTror^ 1'17 IWQP T. STATE OF MISSISSIPPI COUNTY OF HINDS

R. Hunter Morey, being duly sworn continues his affidavit

and says, to-wit: That the information contained in the article attached hereto

from the newspaper the NB« YORK TIMES of November 16, I96I4. is

true to the best of my information and belief•

R« Hunter More^ Sworn to and subscribed to before me this 17 day of

.2s, AFFIDAVIT

STATE OF MISSISSIPPI COUNTY OF HINDS NAME: Richard F. Kennedy AGE: 23 ADDRESS: 718 DeMott Avenue, Baldwin, New York 507-1 M. Farish Street, Jackson, Mississippi OCCUPATION: Chemical Engineer Being duly sworn deposes and says: to-wit: The following is a summary of the record of arrests since October 1, kept in the office of the COFO Legal Counsel. Prepared by Richard F. Kennedy, assistant to Henry M. Aronson, COFO Staff Counsel.

October 1: Greenwood: Thomas Power, 2k, white, from Milwaukee, arrested September 30 for reckless driving. Police car rassed in opposite direction, turned around, followed him, and made the arrest. Trial began a few hours later but he got a continuance until October 6 and posted $50 bond. Trial in Mi.nicipal Court. Tchula: Henry Lorenzi arrested, 11:25 P.M. Police had set up road blocks and he went out to investigate the stopping of other people by the police. Charged with improper muffler, carrying concealed weapon (he had a bread knife) and perhaps vagrancy. Police would not give any information out that night. Jackson: Police entered Jackson COFO office at 1:20 P.M. with bench warrant reading "for him" and "for assault". The Police took Max Suarez out and up the street for identification by woman assaulted by "him", then released him. Total of six policemen present.

October 2: Canton: Theodis Hewitt picked up in Canton by Madison County Police for reckless driving in Carthage. To be taken to C rthag<= jail; held on hold warrant. Bond set at $500. Moss Point: Robert Blow, Charles Glenn, Ti.lman McKeller arrested. Glenn charged with no driving license, bootlegging and speeding. Blow and McKeller released on bond. Glenn held for 30 days on no bond.

October 3: Belzoni: Henry Ware, Lloyd Jackson, Ellis Jackson, Joe Lee, Eddie Country, John Thomas, Debby Harper, David Carpenter arrested for criminal syndicalism. Mayor says they will be arraigned Monday and bound over to Grand Jury, as it is a felony charge. Says bail will be at least $500 each. Batesville: Sam Echols, in Panola City Jail in Batesville, told he will have to "sweat out his freedom'. Family refused permission to see him. October 4: Indianola: James Dann, Charles Scattergood and 10 or 11 others arrested after being refused entrance to a restaurant. Dann charged with resisting arrest, failure to obey officer, trespass, and unlawful assembly. Ball $750. Others charged only with trespass and unlawful assembly. Bail $250 each.

October 5: Canton: Catherine Nichols was describing to police a white man who had hit George Raymond in the head. Referred to assailant as "that son of a bitch" and was then arrested for profanity. In Madison County Jail. Registrar said that they couldn't register today because the Grand Jury was In session. Said that anybody who registered today would be arrested. Marks: Sheriff attempting to make Klondike Abbott (assaulted by 3 whites Oct. 2) take back his original statement about stabbing and beating. He has been picked up and is at police station. His mother has been refused admittance. Age 19- Tupelo: Emmie Schrader arrested for reckless driving. She was in a car being towed by a truck. Truck driver (Negro) arrested for no drivers license and improper towing. White people were trying to force her off the road. Indianola: James Dann, Charles Scattergood, Earl McGee, Ray Stron and (probably) N. C. Perry and Otis Brown Jr., moved to County Farm. They attempted to post a property bond but Chief Alexander would not accept it.

October 11: Meridian: Rick Eatdoff arrested for having an improper license. He has not been in the state 30 days and says his license is otherwise proper. The police say that because Eatdoff is employed he must have a Mississippi license.

October 12: Biloxi: A. A. Dickey, local head of Freedom Democratic Party was arrested for reckless driving. COFO in Biloxi says he was not driving recklessly but he had Johnson stickers on the car.

October 13: Clarksdale: Jim Adams, while in jail, had papers removed from his car by police.

October 14: Laurel: Joe Johnson (26) who is involved with COFO was watching a trial. During a recess the County Attorney came over and began to question him. When he refused to answer,the County Attorney went to the judge and got an affidavit on "constructive" contempt. Johnson is in County Jail on $500 bond. Reverend Johnson, his father, had difficulty bailing him out Sheriff would not accept either property or cash bond

October 15' Marks: Report that a local Negro woman was arrested after she went down to the courthouse to find out whether she had passed the registration test. Charleston: Harry Neir (from Lawyers Guild) got local boy who talked to white girl out on forfeited $25 bond. Not castrated Belzoni: William Ware, Robert Bass, Ellis Jackson, Joe Louis Stlgler arrested. They were walking through a Negro business section and each had one Freedom Democratic Party sticker. Officer Nichols told them the Chief wanted to talk to them. They refused to go and were arrested for criminal syndicalism

October 17: Natchez: Chlco Neblett arrested last night for having 1965 tags on car. (Case dismissed later when judge at trial stated he had 1965 tags on his own car.)

October 18: Mileston: Stokely Carmichael arrested after telling policeman his name was Mr. Stokely Carmichael, not "boy". John Allen, white, was also arrested when he took a picture of the scene, and his camera was taken. Both men handcuffed and put in car.

October 25: Natchez: Two local Negro youths chased out of a "white nark by a policeman.

October 2.6: Columbus: Howard Schulman, 25, searched and arrested by police while talking to a group of Negroes. No charges or information given. Greenwood: Clarence Robinson tried to get white man off their land, charged with disturbing the peace. $500 bond posted.

October 27: Marks: Joe Bateman picked ur by Deputy Sheriff Fowler on tregpassir warrant. COFO called jail and were told he was not there. Called later and were told he was being held for Investigation.

October 30: West Point: John Bell, Negro, age 18, passing out Freedom Vote ballots. Arrested for "exhibiting printed matter without a permit.' (City ordinance.) Bail $300. Eddie Brooks, Negro, and Robert Gillman, white, also arrested on same charge. Columbus: Eddie Dismuke, local Negro, age 18, taken to City Hall for questioning about his activity regarding the Freedom Vote. West ^oint: Edward Ziff, 22 white, arrested for improper tags and license Fined total of $78.

October ?1: Columbus: Richard Phillips, 26, white, arrested while passing out and collecting Freedom Vote ballots Charged with distributing literature without a permit. Holly Springs: Ken Scudder arrested yesterday for improper plates Car was brand new and had temporary (but valid) Tennessee rlates. Car impounded, Scudder jailed, not permitted phone call for six hours. Later fined $21 for license and $19 for sticker. November 1: Canton: Martha Wright, white, 25, arrested while soliciting freedom ballots at South Liberty Methodist Church. Charge: distributing leaflets without a permit. Bail: $500. Columbus: Gordon Williamson, white, 22, of New York arrested in his car for improper tags, desnite having been in state only since last Tuesday and having toll and gas receipts from his trip to prove it. Arresting officer did not look at this proof. Bail: $234 cash. Roy Robinson, Negro, with Williamson, arrested on charge of "creating a public disturbance" in a. cafe where he had been canvassing. Bail $200. Robinson also charged with interfering with an officer after stating for second time that Williamson had only been in the state six days.

November 2: Jackson: Mr. Edward Elliot O'Neal is presently in the Jackson City Jail awaiting transfer to Parchman. He passed on the following information to a COFO worker who was in the jail last week. Apparently he has been sick, does not know why he has been arrested, and needs help. He has requested an attorney, but has not been permitted to even make a phone call.

November 3« Tchula: Willie James Shaw arrested for speeding and improper drivers license despite the fact that he was going 5 mph under the speed limit and had a new, valid Mississippi license. James Jones, in the car, was arrested for interfering with an officer when he tried to remove Freedom Democratic Party material from the car. Shaw's bail was $152, fine $30; Jones' bail was $100, fine $38

November 4: Moss Point: Marion Ingram arrested after trying with, an integrated group to eat In Burnham's Drug Store. Policeman stopped their car shortly after leaving Burnham's. Said she would have to come to the station for having Improper tags. At the station she was given a choice of improper tags, improper drivers license or reckless driving. When she complained she was told to get out before she got something else.

The preceding are a selection of cases from the record at this office. The total number of persons arrested during this period is about 150. This includes about 105 COFO workers and about 45 local citizens.

Signed (LMVUAJ h, l(j~^-U,s Sworn to and signed before me this dayy of November, 1964.

Signed it

WTTNESSES:

My commission expires ZT/?rc MA/./HV

MEMORANDUM:

TO: COFO STAFF FROM: HENRY M. ARONSON, STAFF COUNSEL

Recent developments affecting the responsibility for and handling of COFO legal problems have led to understandable con fusion on the part »f many members of the COFO staff. This memorandum attempts to exrlain the present procedure for providing COFO and its staff with legal advice, guidance and representation. A new position has been created within COFO - that of the COFO Staff Counsel. The Staff Counsel is primarily responsible for seeing that legal problems confronting COFO and its staff are satisfactorily resolved. Functions of this responsibility include: providing representation for COFO staff when required; obtaining the services of volunteer attorneys,- following the progress of all law suits and legal defpnses tendered on behalf of COFO and its staff; providing leases, deeds, contracts, and other documents needed by COFO and Its staff; assisting cooperating attorneys with respect to their COFO legal problems; and, perhaps most importantly, providing a center for reporting, processing and coordinating all COFO legal problems. Two groups of cooperating attorneys presently maintain offices In Jackson for the purpose of profiding civil rights defense attorneys to COFO and others needing and requesting their services. The National Lawyers Guild (NLG) maintains an office und^r the supervision of Mrs. Claudia Shropshire. In addition to Mrs. Shropshire the NLG is assisted by Attorney Leonard Rosenthal of the Mississippi Bar and volunteer attorneys who come South for two or three week periods. The Guild ^lans to have two such volunteer attorneys at all time on a rotating basis. The Guild offices are located at 507^ N. Farish Street, Jackson their phone number is 35?-8o6?. The N.A.A.C.P. Legal and Education Defense Fund, Inc. ("The Inc. Fund") maintains an office in Jackson under th^ direction of Miss Marian Wright. Miss Wright is assisted by 3 members of the Mississippi bar - attorneys R. Jess Brown, Carsle Hall and Jack Young - and three additional full time attorneys - Frank Jones, Edward Tucker and Gporge Eradley. The "Inc. Fund" office is located at 5Q8A- N. Farish Street, Jackson; their rhone numbers are 355-387^ and 352-8243. Two groups - the Lawyers Constitutional Defense Committee (L.C.D.C.) and the Presidents Committee for Equal Civil Rights Under Law ("The Presidents Committee") - are considering continuing their summer programs into the winter. We are encouraging them to the fullest extent possible and hone that they soon will be placing volunteer attorneys in the South. The position of COFO Legal Coordinator - ably staffed this summer by R. Hunter Morey - has been abolished with th^ recent resignation of Hunter. In addition to these cooperating attorneys residing in Mississippi a COFO Legal Advisory Committee has b^en formed. This Committee is composed of attorneys selected by COFO leader ship because of their civil rights leg! experience and their Interest in COFO. The primary purpose of th^ committee is to 2. consider major legal problems confronting COFO - including large scale affirmative suits and state wide problems - and to make recommendations based upon their considerations. Members of the Committee include: Gene Cotton, Eleanor Holm, Arthur Kinoy, William M. Kunstler (Chairman), Lewis Lusky, Howard Moore, Benjamin E. Smith, Morton Stavis, Marian Wright, Melvin L. Wulf and Henry M. Aronson (Ex officio). The Staff Counsel's office is staffed by two lawyers - William Kopit and me. Bill is presently studying for the New York Bar Examination and will not be back in the office until December 1st. Additionally we will have a non-lawyer associate who will help with administrative tasks and communications. Our office address is 507^ N. Farish Street, Jackson (across th? hall from the Guild) and our phone numbers are 355-1622 and 948-4100. All legal problems involving COFO and/or its staff are to be reported to th" office of the Staff Counsel. Reporting all legal incidents (more properly, illegal incidents) and problems with potential legal Implications to one office hopefully will eliminate confusion, will permit effective central records to be k'°pt and will further enable COFO to obtain the most effective use of cooperating attorneys in the event the matter is not handled directly by someone in my office. When we do not handle a case directly we will assign it to thr available attorney who we think can provide the best advice. Once assigned we will follow the progress of the ca?p and make certain it is properly attended to. Thus, this office will have ultimate responsibility for °very COFO legal matter, whether handled directly by this office or by a cooperating attorney. Similarly, I am untimately responsible for errors and omissions of my staff and cooperating attorneys. You are encouraged to register any and all complaints about the handling of legal affairs with me, including comrlaints about specific cases, attorneys and the advice they give you. If you ever have any Questions do not fail to bring them to my attention. We endeavor to provide you with the best legal service obtainable - your comments and criticisms may help us to improve these services.

Accurate communications between my office and you will greatly assist us in providing effective legal advice. Towards this end a WATS line has been Installed in my office. As soon as our administrative aid arrives (approximately December l) a call will be m-'ide from this office to each project every morning. Questions relating to new or existing matters should be raised at this time. Answers will be provided on the same 6e,y when possible. In any evnnt your problems will be attended to immediately and you will be informed of our progress. If any incident arises which requires an attorney's immediate attention, it should be reported to COFO immediately so that it may be entered on the WATS report and brought to the attention of COFO at 1017 Lynch Street. At the time you make this report, specifically request the WATS line operator to report the incident to my office immediately. We will then call you and verify the facts and incident and obtain whatever additional information we need to start solving the problem. If you do not hear from my office within an hour aft^r reporting it to the COFO office (assuming the initial report is made during the day) then call my office, collect, at 948-^100 or 352-1622. We, of coursr, will not accept the call but we will return it immediately on the WATS lin^. This latter method of contacting us should be used s1 aringly as I am Informed that the telephone company feels this is cheating. Cooperating attorneys h ve been requested to provide my office with a monthly docket summarizing the status of all matters which they are handling on behalf of COFO. A coi~y of this docket plus a summary of the case? handled directly by my office will be forwarded monthly to rach project. Any errors in these dockets should be brought Immediately to my attention. Further, periodic memoranda dealing with specific legal problems of general interest will be sent to you. Subjects currently being researched and which will be included in my next memorandum to you include: 1. ECONOMIC BOYCOTTS - A Mississippi statute (copy enclosed) prohibits many forms of economic boycott. The constitutionality of this law is presently being challenged but until the challenge Is successful we must attempt to comply with the law. Suggested forms of economic boycott will be discussed, 2. THE 196*' CIVIL RIGHTS BILL - This bill will be explained as it relates to public accomodations and facilities. Until you receive notice to the contrary, COFO policy is NOT TO TEST. This policy, particularly with respect to public facilities (libraries, court houses, parks, etc.) will most rrobably be changed in the near future. In any event, places and rights covered and not covered by the bill will be explained and suggestions will be made re: testing when and if testing becomes our policy. 3. COOPERATIVES - Information on sters to be taken in establishing and running a coop will b' -jx^lained. 4. FOOD HANDLING - A copy of Mississippi regulations relating to food handling is enclosed. As you probably know, 11 workers were recently arrested in McComb for not having a food handling permit. We are exploring what, if any, reeuirements apply to COFO houses with respect to food handling. 5. WELFARE LAWS - The state welfare laws are being examined and a complete explanation in lay terms will be provided with the thought th^t such an explanation will assist you in advising members of your local communities of their rights.

Also enclosed are copies of the state criminal syndicalism, anti-picketing and anti-leafleting lavs. The constitutionality of these laws are the subject of a presently pending law suit. A copy of the Inc. Fund docket is enclosed. The Guild Docket and Staff Counsel Docket will be sent to you within a week. Lastly, a few suggestions. 1. If you are "investigated", arrested or in any way con fronted by a cop or a person holding himself out as a cop, INCLUDING THE FBI, obtain his name and the 1~0li.ee unit he is working for. Actions against unlawful eollce procedure are greatly impeded If we do not know the names of specific indivi duals involved. 2. Whenever you report an incident to the FBI, get the agents name and forward it to me, along with the subject of your report. If you give a written statement, request a copy. You have a right to any statement given to the FBI. With this information we can document the constant cry that the FBI has been informed of hundreds of incidents and that no action has been taken. 4. 3. A Mississippi law eermits state law officials to fingerprint and photograrh any persons arrested for ANY crime - both mis demeanors and felonies. Thus, if arrested, you should not refuse to be fingerprinted or rhotographed. You can refuse to be finger printed or mugged until arrested, and, if arrested, you can demand, to know what you are charged, with. 4. If arrested, and if summarily tried before an attorney can be provided, refuse to plead unless an attorney is provided. Inform the judge that you want to obtain an attorney. If he will not let you call to obtain an attorney, then ask him to continue your case until an attorney can be obtained and prepare himself for the trial. If this request Is refused, remain mute - do not plead guilty or not guilty. Simply state you can't make a plea until you consult with your attorney. 5. While being tried or interrogated, be firm, demand your rights (phone call, attorney, etc.) but do not be a "wise-ass". This will not do you or the movement any good and it well may serve to hinder your position as well as subjecting you to beating and/or other abuse.

I will be in touch with you soon - do not fail to call upon me if I can be of service. SENATE BILL NO. 15^5

An act making it unlawful to print or circulate pny matter for the purpose of impairing, interfering with, or preventing another person from exercising a lawful trad° or calling, providing a penalty therefor on conviction, and for related purposes. Be it enacted by the Legislature of the State of Missipsippi: Section 1. If any person shall wilfully and maliciously rrint, circulate or distribute, cause to be rrinted, circulet d or distrib uted, or assist in printing, circulating or distributing, in any form whatever, any matter, the rurpose and design of th^ contents thereof being to wilfully and maliciously interfere with, or prevent another from exercising a lawful trade or calling, or engaging in a lawful business, or engaging in lawful use and enjoyment of his property, he shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than six (6) months in the county jail or be fined not more than Five Hundred Dollars ($500.no), or both. Section 2. This act shall take effect and be in force from and ^fter its passage. Approbed March 3, 1964, HOUSE BILL NO. 5^

An Act to'prohibit the unlawful picketing of state buildings, courthouses«, public Streets, and sidewalks. Be it enacted by the Legislature of the State of Mississippi: Section 1. It shall b° unlawful for sny person, singly or in concert with others, to engage in picketing or mass demonstra tions in such a manner as to obstruct or interfere with free ingress or egress to and from any public premises, State prop erty, county or municipal courthouses, city halls, office build ings, jails, or other public buildings or property owned by the State of Mississippi or any county or municipal government located therein or with the transaction of public burin^ss or administration of justice th rein or thereon conducted or so as to obstruct or interfere with free use of public streets, sidewalks or other public ways adjacent or contiguous thereto. Section 2. Any person guilty of violating this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars (#5°0.00), or imprisoned in jail not more than six (6) months, or both such fine and Imprisonment. Section 3. This act shall take effect and be in force from and after its passage. Approved April *, 1964. SENATE BILL N0„ 2027 AN ACT to define criminal syndicalism; to make unlawful the act of criminal syndicalism; to prohibit assemblage for the purpose of criminal syndicalism; to provide the penalty therefore; and for related purposes. Be it enacted by the Legislature of the State of Mississippi: Section 1. Criminal syndicalism as used in this act is hereby defined to be the doctrine or precept which advocates, teaches or aids and abets the commission of crime, sabotage, (which word is hereby defined as meaning wilful and malicious physical damages or injury to physical property), unlawful acts of violence and force, arson or other unlawful acts or methods of terrorism as a means of accomplishing or effecting a change in agricultural or industrial ownership or control or in effecting any political or social change or for profit. Section 2» Any person who: (1) By word of mouth or written words or personal con duct advocates, instigates, suggests, teaches or aids and abets criminal syndicalism or the duty, necessity, propriety or expediency of committing crime, criminal syndicalism, sa botage, violence or any other unlawful method of terrorism as a means of accomplishing or effecting a change in agri cultural or industrial ownership or control or effecting any political or social change or for profit; or (2) Openly, wilfully and deliberately by spoken or written words justifies, or attempts to justify, criminal syndicalism or the commission or the attempt to commit crime, sabotage, violence or other "unlawful methods of terrorism with intent to exemplify, approve, spread, advocate, instigate, teach, aid, suggest or further the doctrine of criminal syndicalism; or

(3) Prints, publishes, edits, issues, circulates, sells, distributes or publicly displays any book, paper, pamphlet, document, poster, tp.ndDill or written or printed matter in any form whatsoever containing, advocating, instigating, ad vising, suggesting, aiding and abetting or teaching criminal syndicalism; or (4-) Organises or helps to organize or knowingly becomes a member of or voluntarily assembles with any society, or ganization, group or assemblage of persons organized, formed, or assembled to advocate, teach, aid and abet criminal syn dicalism; or (5) Wilfully, by personal act or conduct, practices or commits any act advised, advocated, taught or aided and a- betted by the doctrine or precept of criminal syndicalism with intent to accomplish a change in agricultural or in dustrial ownership or control, or effecting any social or political change or for profit; is guilty of a felony, and upon conviction thereof shall be punished by a fine of not less than Two Hundred Dollars ($200000)nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the state penitentiary for a term of not less than one year nor more than ten years, or by both such fine and imprison ments Senate Bill No, 2027 - Page 2 Section 3. Whenever two or more persons assemble or consort for the purpose of advocating, encouraging, teaching or suggesting the doctrine of criminal syndicalism as de fined in this act, such assemblage is unlawful, and every person voluntarily participating therein by his presence, aid or instigation is guilty of a felony, and upon convic tion thereof shall be punished by imprisonment in the state penitentiary for a term of not less than one year nor more than ten years, or by a fine of not less than Two Hundred Dollars ($200,00), nor more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine. Section 4. The owner, lessee, agent, superintendent, janitor, caretaker or other person in charge, or occupant of any place, building, room or rooms or structure who knowingly permits therein any assembly or consort of persons prohibited by the provisions of Section 3 of this act or who, after notification by authorized public or peace officer that the place or premises, or any part thereof, is so used, permits such use to be continued is guilty of a misdemeanor and punishable by imprisonment in the county jail for not less than sixty days nor more than one year, or by a fine of not less than One Hundred Dollars ($100,00) nor more than Five Hundred Dollars ($500..00), or by both such im prisonment and fine. Section 5. The provisions of this act are severable. If any section, subsection, paragraph, sentence or clause of this act is for any reason held to be invalid, the re mainder of this act shall remain valid and enforceable. Section 6. That this act shall take effect and be in force from and after its passage. Approved June 11, 1964. MEMO ON ENFORCEMENT OF THE FOURTEENTH AMENDMENT, SECTION WO

l4th Amdt., Sec. 2: "Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. BUT WHEN THE RIGHT TO VOTE AT ANY ELEC TION FOR THE CHOICE OF ELECTORS FOR PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, IS DENIED TO ANY OF THE male INHABITANTS OF SUCH STATE, BEING TWENTY-ONE YEARS OF AGE, AND CITIZENS OF THE UNITED STATES, OR IN ANY WAY ABRIDGED, except for participation in rebellion, or other crime, THE BASIS OF REPRESENTATION THEREIN SHALL BE REDUCED IN PROPORTION WHICH THE NUMBER OF SUCH male CITIZENS SHALL BEAR TO THE WHOLE NUMBER OF male CITIZENS TWENTY-ONE YEARS OF AGE IN SUCH STATE." (emphasis added)

Notice that the language is mandatory: "the basis of representation ... shall be reduced ..."

Nonetheless, this section has never been enforced. Congressman George H. Tinkham of Massachusetts (a Republican) sought to enforce it from 1920 through 1927* See Congressional Record, Vol. 60, Part I, p. 11; Vol. 60, Part 2, pp. 1434-35, 1631, 1639, 1645-46, 1648, 1686-88,,

Any Congressman concerned with this problem could take the following action:

1. NOW--Ask the U.S. Secretary of Commerce for statistics compiled under the 1964 Civil Rights Act, Title VIII, Sec. 801 Ask the Library of Congress for statistics Ask the U.S. Civil Rights Commission for statistics Ask the Secretary of State of the State of Mississippi for statistics on: Number of persons in Mississippi in 1964 of voting age, by race and color Extent to which persons of voting age in Mississippi in 1964 registered and voted Total number of persons in Mississippi who voted in Nov- 1964, by race

2. THEN—In states like California, which has a clear public policy for equal rights and which has just filed a friend of the court brief in the 1964 Civil Rights Act test case of a Georgia motel, the Congressman could request the State Attorney General for an opinion on the constitutionality of the action proposed in no. 3>

3. ON OPENING DAY OF CONGRESS, when the motion is made to adopt the same Rules which applied in the 88th Congress, the Congressman could rise and move to amend the Rules as follows:

"Since the right to vote in the November 3, 1964 election for the choice of electors for President and Vice President of the United States, Representatives in Congress, and other offices, was denied or abridged to per cent of the citizens of the United States residing in the State of Mississippi, being 21 years of age, for reasons other than participation in rebellion, or other crime, pursuant to the Fourteenth Amendment, section 2, requiring that the basis of representation of that state should be reduced in the same propor tion, the five representatives of Mississippi shall be entitled to cast only _ votes in the 89th Congress." 4. All other Congressmen who agree with this effort to enforce a mandatory clause in the U.S. Constitution could support the amendment to the Rules, citing examples of denials and abridgements of the right to register and vote in Mississippi ob tained from their constituents who worked in Mississippi in the summer of 1964, from COFO, from the reports of the U.S. Commission on Civil Rights, from the com plaints filed by the Civil Rights Division of the U.S. Department of Justice in voter registration suits in Mississippi, etc.

See, e.g., 1961 U.S. Commission on Civil Rights Report on Voting, tables on Mis sissippi by counties, pp. 272-277; 1963 U.S. Commission on Civil Rights Report, statistics on Mississippi voter registration, p'. 34, and list of suits filed by U.S. Dept. of Justice in Mississippi on discriminatory registration and election practices, under 42 U.S.Code §197l(a), pp. 43-49. Remember that the provision covefs "abridgement" as well as outright denial. The U.S. Court of Appeals for the Fifth Circuit took judicial notice of the fact that "Mississippi has a steel-hard inflexible, undeviating official policy of segregation" in U.S. v. City of Jackson (1963) 318 F.2d 1.

For further information on this question, consult materials in the Meiklejohn Civil Liberties Library, 1715 Francisco St, Eerkeley 3, California. TH 9-1338. Regulation Grovernin^ Food ana Fooa-Hanalin£ Establishments

Mississippi State Board of Health Jackson, Mississippi MISSISSIPPI STATE BOARD OF HEALTH are subject to repeated use shall maintain an adequate supply of hot fountains and the like, shall be kept clean at all times. No printed or water at all times such establishments are open for service to the public. unclean paper shall be used as a cover or lining on any shelves, tables Such water supplies shall be of safe sanitary quality approved by the or counters or be permitted to come in contact with food or utensils. State Board of Health. REGULATION GOVERNING FOOD AND FOOD-HANDLING SECTION 7. Wholesomeness.—Food that is spoiled, infected, infested Item 2. Sewage disposal.—All food-handling establishments located with insects or otherwise contaminated or made unwholesome by the ESTABLISHMENTS on streets or alleys where a public sanitary sewer system is available addition of other substances or additives shall not be kept in a food- SECTION I. Definitions.— shall have a sewer connection to such sewer system into which all handling establishment nor be offered for sale. liquid wastes shall be disposed. Where a public sanitary sewer system Item 1. Food.—"Food" is defined as any food or drink intended is not available to a food-handling establishment, all liquid wastes from SECTION 8. Utensils.— for human consumption. such establishments shall be disposed of in a manner approved by the Item 1. Bactericidal treatment.—All glasses, knives, forks, spoons, Item 2. Food-handling establishment.—A "food-handling establish health officer. ment" is defined as any place where food or drink is handled, processed, dishes and other eating utensils that are subject to repeated use shall Item 3. Lavatory facilities.—Adequate lavatory facilities supplied stored, prepared or served for sale or for distribution to the public for after each use be subjected to a bactericidal process in properly operated with soap and individual towels and so located as to be convenient to human consumption and not specifically covered by any other regulation. mechanical dishwashing equipment approved by the State Board of all employees shall be provided in all food-handling establishments. In Health; or be thoroughly washed with hot water and soap or other SECTION 2. Building.— all establishments hereafter constructed or extensively altered wherein suitable detergent, then rinsed in clean water, after which they shall be Item 1. Construction.—All food-handling establishments shall be food is prepared, adequate lavatory facilities provided with hot and subjected to a bactericidal process, (1) by complete immersion for not properly constructed of sound materials. The roof shall be free from cold water under pressure, soap and individual towels shall be provided less than two minutes in a chlorine bath containing not less than 200 leaks. The walls and ceilings shall be constructed in such a manner that in the food-preparation room and also in each toilet room or each toilet parts per million of chlorine solution at the start of operations and not will prevent the entrance of flies, roaches or other vermin, shall be of room vestibule. less than 100 parts per million at the end of operations; or (2) by smooth finish and light color and shall be kept clean. Item 4. Plumbing.—All plumbing and plumbing fixtures shall be complete immersion for not less than two minutes in hot water at a temperature of not less than 170 degrees Fahrenheit; or by such other Item 2. Floors.—The floors shall be free from defects, such as holes properly installed and maintained in good repair, and all fixtures shall methods as may be approved by the State Board of Health. The and open cracks, and constructed of sound materials that may be easily be kept clean. bactericidal equipment and method used to meet the requirements of cleaned. Floors shall be kept clean. Item 5. Exceptions.—The provisions of this section need not be this section shall be ready and available for the purpose of adequately Item 3. Screens.—All food-handling establishments shall be com required in a grocery store or fruit stand unless operations of other food-handling establishments such as meat markets, bakeries, restaurants, treating such utensils at all times during periods the establishment is pletely screened at all outside openings with screen wire having 16 open for business. After treatment such utensils shall not be wiped meshes to the inch. Screens and screen doors shall be kept in such soda fountains and the like are conducted in or in conjunction with a grocery store or fruit stand; provided, however, where plumbing and with dishcloths and shall be handled and stored in a manner to prevent condition that will prevent the entrance of flies and other insects the recontamination. year round. All screen doors shall be self-closing and open outward plumbing fixtures are installed in a grocery store or fruit stand the only and shall be kept closed when not in use. Establishments with provisions of this section shall apply. Item 2. Maintenance. — All eating, drinking or food-preparing utensils and equipment shall be kept in good repair and shall be kept air-conditioning installations may not be required to screen rooms in SECTION 5. Toilets and bedrooms.— which such installations condition the air; provided, however, that clean. The use of such utensils that are cracked, nicked, defaced or screens and screen doors shall be required for all outside openings of Item 1. Location.—All toilets in food-handling establishments shall otherwise in such condition so that they may not be easily cleaned is such rooms during periods when the air-conditioning equipment is not in be located in separate fly-tight rooms provided with ventilation to the prohibited. operation if doors and windows are left open. outside air. No toilet room shall open directly into a kitchen. No toilet room shall open directly into a dining room unless year-round air Item 3. Single service items.—Single service utensils and containers Item 4. Light and ventilation.—Ample light and ventilation shall conditioning is provided in the dining room. Doors to toilet rooms shall such as cups, dishes, spoons, forks, drinking straws, trays, cartons and be provided and maintained during working hours. be self-closing. No bedroom shall open directly into any room of a the like shall be protected from dust, flies, roaches, vermin or other Item 5. Maintenance.—All food-handling establishments shall be food-handling establishment. contamination and discarded after once being used. kept clean and free of flies, roaches, rodents and other vermin and shall Item 2. Maintenance.—All toilets, toilet rooms, privies and dressing SECTION 9. Street clothes, unused machinery and equipment, be maintained in good repair. rooms of food-handling esablishments shall be maintained in good repair plunder.—Street clothes, such as hats, coats, shoes and umbrellas, shall SECTION 3. Outside surroundings.—The outside premises of such and kept clean. not be stored in rooms where food is prepared nor in cabinets, cupboards, places shall be kept free from loose garbage or other materials which shelves and the like where food is stored, but shall be kept in a manner will attract or offer a breeding or feeding place for flies or vermin. SECTION 6. Storage.—All food stored or displayed shall be pro approved by the health officer. Unused machinery and equipment and tected from dust, flies, roaches, vermin or other contamination by plunder shall not be stored or kept in a room where food is prepared SECTION 4. Water supply and sewage disposal.— location, screens, covers, closed containers or other measures in a or served. Item 1. Water supply.—All food-handling establishments shall be manner approved by the health officer. All exposed food shall be provided with an adequate supply of running water under pressure located at least 18 inches above foot-traffic. All storage and display SECTION 10, Garbage.—Garbage shall be placed in tight containers conveniently located in the building. All food-handling establishments places in which food is stored, displayed or exposed, such as rooms, with properly-fitting lids and disposed of in a manner approved by the where glasses, knives, forks, spoons, dishes and other eating utensils shelves, counters, tables, bins, drawers, showcases, refrigerators, soda health officer. Garbage containers shall be kept clean.

— 4 — SECTION 11. Personnel.— Item 1. Health.—No person suffering from, convalescing from or suspected of having a contagious or infectious disease, or having been recently exposed to or being a carrier of such a disease shall be em ployed by or frequent any food-handling establishment until such person shall submit evidence satisfactory to the health officer of freedom of any such disease. Item 2. Cleanliness.—All workers shall be clean as to person and clothing and shall wash their hands after each visit to the toilet. Item 3. Headdress.—All female employees shall wear a hair net or other protective headdress at all times while engaged in the handling of food, drinks, utensils, or other food-preparation equipment. SECTION 12. Animals.—No live animals or fowls, such as dogs, chickens, birds or the like, shall be kept in a food-handling establishment. The slaughtering of animals or fowls in such places is prohibited. SECTION 13. Other businesses.—No business such as a barber shop, pressing shop, shoe repair shop or other business that may present a public health hazard to the storing, preparing, handling or serving of food shall be operated or maintained in a food-handling establishment, nor shall a food-handling establishment be used as a common entrance to any such business. SECTION 14. Practices.— Item 1. Sliced butter.—Sliced butter shall be stored in clean con tainers and shall not be served by direct contact of fingers or hands but only with forks, spoons or the like. Item 2. Ice.—Ice to be served to the public or to be used for chilling or storing of glasses and mugs shall be of safe sanitary quality. Ice shall be handled, crushed and stored in clean equipment and shall not be served by direct contact of fingers or hands but only with spoons, scoops or the like. Item 3. Chilling.—Glasses, mugs, milk, bottled beverage or the like shall not be stored or chilled in cracked ice or water which is to be served the public. Milk and bottled beverages that do not have a metal crown cap shall be stored so that the top of the container shall not be submerged in the chilling medium. Item 4. Ice cream dippers.—Containers for holding ice cream dippers or scoops and mixing spoons shall be kept clean, and where water is used in such containers the water shall be kept fresh and clear. Item 5. Cream.—Sweet cream containers shall be so constructed as to permit serving individual portions of cream without dipping. Item 6. Sugar.—Sugar shall be served in single service containers or in containers with covers, which shall be kept closed when not in use. SECTION 15. Tables.—All tables on which food is prepared shall be covered with metal, tightly-jointed glued or bolted wood, or other approved material. All tables and meat blocks shall be kept clean and in good repair at all times. SECTION 16. Food in transit.—Food in transit shall be wrapped in clean cloths or paper or be otherwise protected against contamination. Vehicles shall be kept clean while used in transporting food. No substance capable of contaminating food shall be transported with food in such a manner as to permit contamination. SECTION 17. Refigeration.—All perishable food requiring refrigera tion shall be stored in clean refrigerated compartments at a temperature of 50 degrees Fahrenheit or less. All frozen food shall be stored in clean refrigerated compartments at a temperature that will prevent thawing and shall not be re-frozen in the event of thawing. SECTION 18. Wholesale food establishments. — Wholesale food establishments shall comply with those sections and items of this regulation that are applicable. SECTION 19. Responsibility.—It shall be the duty of the owner or manager to see that this regulation is complied with.

CERTIFICATION OF REGULATION

I, Archie Lee Gray, M. D., Secretary and Executive Officer of the Mississippi State Board of Health, do hereby certify that the above regulation is a true and correct copy of the Regulation of the Mississippi State Board of Health Governing Food and Food-Handling Establish ments which has been in force and effect since the 21st day of June, 1961.

Witness my hand and seal of office, this 5 th day of

July pn^L Secretary and Executive Officer

— 6 — COFO NEWS x Dec.i|, 1961| Statemat of Attorney Ben Smith t>$v the Council of Federated. Organizations The arrests in Neshoba County demonstrate tne breakdwon of law enforcement in that area and Illusttate tne situation that eatixts in large areas of Mississippi. When the chief law enforcement officials of a county become so involved in federal law violations that they have to perform their duties from a federal jail then extraordinary measures are required to re-establish law and order and to protect lives and property,, Five months ago Cofo asked that federal commissioners be intro duced into Mississippi couties in an effort to put to a stop the wide spreaa lawlessness and violence. In the suit of COFO v6Rainey and others, the Miississippi summer project alleged that Sheriff Rainey and other Mississippi she iffs were engaged'in a conspiracy to violate the civil rights act, ad tnat this conspiracy was joined into by the KKK and va ious other terrorist organizations.

The arrests in Neshoba county this morning glwas a clear indication that the federal government is in basic agreement with this proposition,, It makes all tne more urgent the appointment of federal commissioners for Mississippi as Cofo aas argued before tne 5th acta Circuit Court of Appeals in New Orleans on November lb. The challenges filed this morning to the seating of the Mississippi federal representatives from five congressional districts Is basled fen large part on tnis conspiracy of terror to suppress the civil right of the Negro to res iter and vote. The arrest of the conspirators makes all tne more uggent an effective federal presence in Mississippi. During this very week when the Congressional challenge was being filed in Jackson and Washinton by members of the Miss. SKicxRac Freedom Democratic Party, at least five civil rights workers in the state for various offenses. The MFDP itself was under a state court injunction thtat if strictly enforced as tnaeatened will outlaw Negro participation in politics in the state of Mississippi. ...now with your hand, a>&> , pull the lever down. ^£\«*. Ipc7fe

Council Of Feaerated Organizations

507f N. Farish Street Jackson, Misslssirri December k, 1964

Mr Benjamin Smith Suite 1006, Baronne Building 305 Baronne Street New Orleans, Louisiana Dear Ben: Enclosed are financial statements which I have gotten Into final form. Hopefully they will help you to account for the funds which you have deposited. As you can see the debts owing are monumental Bill informs me that you will have $5,500 by the end of the year for our use and that $3,000 has already been sent to New Orleans. I would greatly appreciate receiving the $3,000 to apply toward my bills as soon as possible. Otherwise I will have to retain you to defend me in some bad debt suits. Best regards,

Henry M. Aronson Staff Counsel HMArmk Ends. SEPTEMBER EXPENSES

CATEGORY TOTAL EXPENSE DECEMBER 1 EALANCE OWING

Deposits 150.no Fixtures 355-75 2°o.00 Organizational Exr Employee Exp. 540.65 272.58 Salary ItP,-^ ,p R^.l*3 Auto 587'. 94 ^oi.ig Phone 6lj.62 Rent 60.00 Power Office Exr. 148.03 1^1.15 Legal Exr. 93-60 J6.6o TOTALS 3,460.59 1,119-78

ANALYSIS OF ABOVE ACCOUNTS Deposits Deposit on First Telephone 100,,0 0 Deposit on Second Telephone JO,,0 0 Total 150.00 Fixtures One (1) Table 1? ,00 Two (2) Filing Cabinets 6*,.7 5 Four (4) Air Conditioners 280,,0 0 Total 355.75 Organizational Expense H. M. Aronson, Hotel in Jackson 46 .25 Sherwin Kaplan, Expenses ?5 ,00 Mary Ann Glendon, Judi Nussbaum for expenses 50 ,00 Shervin Kaplan, to return car to Memphis ?5,,0 0 H\ M. Aronson & A. H. Levine, Hotel in Jackson 79 ,4o Mary Ann Glendon & Judi Nussbaum, Hotel R-2.1 7 Marjr Ann Glendon, Misc. Expenses 15 ,00 Mary Ann Glendon & Judi Nussbaum, Hotel 9 .07 H. M. Aronson, Hotel in Jackson 10 .85 Judi Nussbaum, Meals 5 .00 Mary Ann Glendon, Expenses 40 .00 Total 388.74 Employee Expenses H. M. Aronson, flight to Gulfport and return 68 .31 H. M. Aronson, flight to Gulfport, Moss Point and return 85.39 H. M, Aronson, misc expenses in Gulfport 12.00 H, M, Aronson, flight to Oxford 28 .4Q H, M, Aronson, flight to New York 142.07 H M, Aronson, misc. expenses on New York trip 42.45 H. M, Aronson, exrens e allowance for Sept. at $ 35 per week 161.00 Total "540.65 Salary H. M. Aronson, salary for Aug. '1 - Sept. 30 at $100 per wk. 460.00 Kelly Girl secretary, two days 2^. I"3 Total ' 48^.]^ Auto Car Rental, Econo-Car 9/8-9/9, 9/9-9/16, 9/10-9/10, 9/20-9/29 272.45 Car Rental, Avis 9/29-9/30 50.16 Car Rental, Hertz 9/2-9/2 42.77 Car Rental, Econo-Car 9/19-9/Q^ 175-Zl2 Total 587.94 Phone Phone No. 948-4100 9/4-9/6 24.77 Phone No. 948-4100 9/7-10/6 "527.16 Phone No. 355-1622 9/4-10/3 265.69 Total 617.62 Rent September Rent 60.00 Total 6e.oo Power Sept. Electric Bill ^5-13 Total 35.13 Office Expenses Supplies 131.15 Office Clean Up 9-50 Bank Charges 7 • 3^ Total 148.03 Legal Expenses Notice Telegram, Burnside v. Byers 20.6^ U. S. Marshall Svee. Burnside v. Byers 4o.00 U. S. Marshall Sves. Burnside v. Byers 16.40 Transcripts of testimony 16 .60 Total 93.60 OCTOBER EXPENSES

TOTAL EXPENSES STILL OWED

Deposits 250.00 Fixtures Crganizational Exp 194.65 Employee Exp. •201.00 182.00 Salary 684.00 ^75.00 Auto 458.08 422.58 Phone 473.89 242.01 Rent 60.00 Power 16.26 16.26 Office Exp. ll"5.91 75.46 Legal Exp. 188.00

2,739.79 1,32^.^1

Deposits WATS Line for phone 250.OO Total "250.^0 Fixtures Total Organization; 1 Ex- enses H. M. Aronson, Hotel in Jackson Zj-2,0^ M. A. Glendon, Hotel, plane, misc. expenses 122 ,12 M. A. Glendon, Misc. expenses 29 .50 Total T91' 1' .65

loyee Exp en s e s H. M. Aronson, misc. expenses in New York, 10/2 11,,0 0 H. M. Aronson, misc. exrenses in Washington, 10/10 12 ,00 H. M. Aronson, flight, New York- Washington-New York 32 .00 H. M. Aronson, Hotel in Washington' 3? .00 H. K. Aronson, apartment allowance 60,.0 0 H. M. Aronson, expense allowance for Oct. at $35 rer week 154 .00 Total '01.00 Salary H. M. Aronson, salary for Oct at $100 per week 440.00 Kelly Girl secretary, 3 days 35,00 Secretary, 3 weeks plus 4 days at $55 rer week 209.00 Total 7584.00

Auto Gas 45.45 Car Rental, Avis 10/11-10/13 15.06 Car Rental, Econo-Car, 10/1-10/31 397-57 Total ~45«. 08

Rent October Rent fiso . 00 Total ~c60.^ 0 Power October Electric Bill 16.26 Total 16.26 Office Exrenses Supplies 91.46 Office Clean Up 22.45 Total 113.91 Legal Expenses U. S. Marshall, svcs., Burnside v. Byers 72.00 Filing Fee, Burnside v. Byers 15.00 U. S. Marshall, svcs., Burnside v. Byers 45.00 Witness meals, Burnside v, Eyers 6.00 To Mrs. Eurnside 50.00 Total 188.00 NOVEMBER EXPENSES

TOTAL EXPENSES STILL OWED Deposits 10.00 10,.0 0 Fixtures 47.35 47 .35 Organizational Exp. 834.72 8*4,.7 2 Employee Exr . 843.22 84-5 .22 Salary 65I.OO 5^0 ,00 Auto (incomplete) 47. -22 47 ,*2 Phone (incomplete) 303.55 •5Q-5 • 55 Rent 60.00 60 .00 Power 5" 0-5 6,q- 5 Office Exp. 37.55 ?7.• 55 Legal Exp. 2,841.64 2,720.64

Deposits Gas Co. for gas connection 10.00 Total "10.00

Fixtures Three (3) gas heaters 47 • 35 Total "47. "*5

Organizational Expense H. M. Aronson's Furniture moving exrense, Conn, to Miss. 834.72 Total "8311.7?

Employee Expense H. M. Aronson, Flight to Seattle & return 354.73 H. M. Aronson, Hotels and exrenses in Seattle 4i.oo H. M. Aronson, Flight to New York and return 145.04 H. M. Aronson, Flight, New York- Boston 16.00 H. M. Aronson, Hotel in New York 62.4^ H. M. Aronson, Cabs, car rental, expenses in New York 17.05, H. M. Aronson, apartment allowance 60.00 H. M. Aronson, expenses for Nov. at $35 per week 147.00 Total "8 43.22 Salary H. M. Aronson, salary for Nov. at $100 per week 420.00 Secretary, salary for Novfov.. at $55 per week 2*1.00 Total 651.OO Auto (incomplete) Gas purchased by R. F. Kennedy 5.25 Car Rental, Econo-Car, 11/1-11/3 42.07 Total 47.32 Phone (incomplete) WATS Line •3QO i CjCj Total "303.55 Rent November Rent 60.00 Total 60.00

Power November Electric Bill 6 .93 Total 6.93

Office Expense Pads 6.17 Typewriter Rental 20. ^3R Office Clean Up 11.00 Total 37-55 Legal Ex" ense — — To tcil OUTSTANDING OBLIGATIONS AS OF DECEMBER 1, 1964

CATEGORY AMOUNT OWED 'r o FOR Fixtures 280.00 Na t'l Council Air Conditioners of Churches Fixtures 47.35 R. F. Kennedy Gas Heaters Deposits 10.00 R. F. Kenned3'- Gas Company Org. Expense 834.72 John I«ud d Moving expenses- H. M. Aronson Conn, to Miss. Salary 110.00 Mattl<2 Knight 2 wks. salary 5'q.i3 Kelly Girl, Inc. Secretary for 1 wk 820.00 H. M. Aronson 8.2 wk. salary Emp. Exp. 153.70 Jim Hankins 2 flights to Ai r Siervic e Gulfport & return 28.43 H. M. Aronson t flight* to Oxford 42.45 H. M. Aronson Expenses on New York trip 9/16 13.00 H. M. Aronson Incidental exp. Gulfport trips 182.00 H. M. Aronson 5.2 wks. exr. allowance 87.OO H. M. Aronson Exrenses, New York trip 10/2 120.00 H. M. Aronson 2 mo. apartment allowance 395.73 H. M. Aronson Expenses, Seattle trip, Nov. 240.49 H. M. Aronson Expenses, New York trir, Nov. Auto 52.79 H. M. Aronson Gas 65.22 Avis Car Rental, Sept., Oct. 42.77 Hertz Corp. Car Rental, Sept. 615.O6 EconO '-Ca r Car Rental, Sept., Oct., Nov. 5.25 R. F. Kennedy Gas Phone 242.01 Southser n Bell Last month's 948-4100 bill 303.55 Marian Wright Paying our Nov. WATS-line bill Rent 60.00 Ja ck 'XOun g Nov. rent Power 51.39 Claudia Paying our Sept. Shropshire and Oct. bills 6.93 Mi ss. Power & Nov. bill Light Off. Exp. 252.66 W. T. May Co. Off. supplies Sept., Oct., Nov. Legal 16.60 Court Reporter, Transcripts Tupelo STATEMENT OF INCOME AND EXPENSES

INCOME

DATE AMOUNT FROM REMARKS 9/8 400.00 COFO 9/8 110.00 COFO Not deposited Paid directly by COFO towards rhonp and rent 9/21 ^O^.OO Unitarian Fund $40 not deposited Paid directly to M. A. Glendon for exrenses 9/29 700.00 Unitarian Fund 10/19 1,46o.oo Unitarian Fund 11/16 250.00 COFO 11/20 *00.00 Unitarian Fund 11/20 225.00 Contributions 12/1 199.00 Contributions

TOTAL 3,944.0O

EXPENSES Sept. 3,460.59 Oct. 2,739.79 Nov. 2,^41.64

TOTAL 9,042.02

NET SURPLUS (DEFICIT) ($5,098.02) Deficit

BALANCE OWING AS OF DECEMBER 1

Sept. 1, ,119.78 Oct. 1, ,*2* ,31 Nov. 2: ,720, .64

TOTAL 5,163.73 Less 65.21 Cash on hand

Net 5,098.52 Deficit •v I. -9 fX^^ k-M-M I

538'^ North Parish Street Jackson, Mississippi December 7, 1964-

Mr. Guido Goldman 1039 Massachusetts Avenue Cambridge, Massachusetts Dear Guido: Thank you for your letter and the article. Enclosed please find most of the project reports received from the Hattiesburg meeting. You can draw your own conclusions. It doesn't look too good. Very few decisions were made, as usual. The staff did vote on Henry Aronson though and decided to keep him. Other than that, all is confusion. Theatre on the 21st sounds pretty good; will give you a definite O.K. pretty soon. The Indian friend (whose name I can never remember) of Anthony and Julie is going to London for Christmas. She plans to leave about the 22nd. It may be possible that you and she might get together or do you have a direct flight to Paris?' I will be seeing her in New York when I arrive. Henry has cleared fund raising from all sources with COFO. Something must be done immediately as Ben Smith et al have not sent a -Denny and protest that they are flat broke inspite of feawft' s report at LAC meeting that $5500 has been sent for expenses. Clearly this matter must be gone into at the next meeting on the 20th. Take care. r

an E. Wright

MEW J encl:

' •••^•T-'V; ' ffc

HUBERT, BAIDWIN & ZIBILICH ATTORNEYS AT LAW 300 OIL 8 GAS BUILDING 1100 TULANE AVENUE LEON D. HUBERT,JR. NEW ORLEANS 12, LA. EDWARD M. BALDWIN ROBERT J. ZIBILICH JACKSON 5-2156-7 VINCENT T. LoCOCO GEORGE E. MOULEDOUX December 10, 1964 P Mr, Arthur Kinoy Kunstler, Kunstler & Kinoy 511 Fifth Avenue New York City, N. Y.

/n\ Dear Arthur: In accordance with our telephone conversation of yesterday VJ-!/ afternoon I enclose herewith a list of matters that I would like you to consider. I am having my brief of the argument, which I had written in hand, typed up and as soon as that is done I will send you a copy undei separate cover.

I am still interested in having a meeting two or three weeks prior to the date of the argument and since I cannot go P up north I reiterate my hope that you can come down here. If you can just let me have about a weeks notice I am sure I can set aside two days during which we can work without interruptions whatsoever.

I was under the impression that our case would be argued on January 18 itself, but in the course of our conversation I gathered that it would be argued during the week of January 18. I suppose you will know about this around the middle of December and I wish you would advise me as to our position on the docket for the week of January 18 so that I can make plans accordingly. As you know, I would want to be in Washington, if possible, at least two days before the argument actually is held.

Very truly yours,

Leon D. Hubert, Jr LDH/t encl \/ CC-Messrs. Smith & Waltzer MATTERS TO BE DISCUSSED

1. Has the evidence seized on October 4 ever been returned, particularly Ben Smith's personal legal files?

2. I am aware of what we asked the three judge court to do for us, but since that time there have been the Indictments returned. In light of that, do we ask the court to order the dismissal of the indictments? Is that question really before them? Or do we simply ask for an injunction against Garrison and any other state officials from further prosecution of the existing indictments? Of course, if the statutes are declared null and void, I suppose all we would have to do is file a motion to quash in state court.

3. Suppose the court holds that the statutes are valid on their face, but that the three judge court was wrong in refusing to let us offer evidence to the effect that the application of the statute was improper. In that case, of course, we would get a trial on this but could we get a stay order as to further prosecution of the indictments?

4. I notice that there are two recent cases in which the court noted probable jurisdiction, but I have been unable to

find what has happened to them since. Do you know? The cases are U.S.v.La. 225 F.Sup.353, probable jurisdiction noted 377 U.S.

987 and American committee vs. SACB, certiorari granted 377 U.S. -2-

915.

5. The last paragraph of 28 U.S.C.2284 which sets up the procedure to be followed in a three judge court situation, states that the court stay its proceeding when it appears that the state court has stopped enforcement pending a decision in the state court. As I mentioned to you yesterday, we should consider whether or not this is not a congressional statement of the limitations of abstention in three judge court cases.

That is, I think it could be argued that Congress has said that there shall be abstention only when the state court has itself stayed proceedings in an official way so that petitioner cannot be harmed by further attempts to enforce a statute.

6. What is the status of the National Lawyers* Guild? Has it ever, in fact, be cited? I have some recollection that the matter was litigated. /I note that Mr. Rogers in the brief filed about him on behalf of pfister cites Monroe v. Pope 365 U.S.167 to the effect that the Civil Rights Act applies only against indivi duals and not against officers. All that case read-, as I read it, was that 42 U.S.C.1983 did not apply to a damage suit against

the City of Chicago. Do you agree that this is th.I1eC LUJ.Jfull. Ieffec t of this case and that Rogers' point has no merit?yi n Mr. Gremillion's brief at page 9 he cites a case at 81 Sup.Ct.1400 to the effect that where a statute has a severability clause that the Supreme Court cannot knock out those clauses which are -3-

valid. The statutes in question do in fact have severability clauses although Mr. Lusky in his brief states to the contrary.

The fact is that West Publishing Company never publishes re pealing clauses or severability clauses, but I have looked at the official original statutes and the severability clauses are there.

Y« At page 18 in Gremillion's brief the point is made that the Baggett case did not declare all of the Washington

Communist Control Act invalid, but only that section which dealt with the taking of an oath, i.e., that part of the Louisiana

Statute which is contained in Section 371. I think, in fact, that that is right and that we may be met with the proposition that we are asking the Supreme Court to go further than it went in the Baggett case. I understand, of course, that the courts remark with reference to vagueness and our use of that part of the Baggett case would still be valid, but I think we should consider some reply to justify our asking for an across the board declaration of invalidity. KUNSTLER KUNSTLER a KINOY i ATTORNEYS AT LAW > Sll FIFTH AVENUE # NEW YORK, N.Y. IOOI7

WILLIAM M. KUNSTLER MURRAY HILL 3-6317 CABLE ADDRESS MICHAEL J. KUNSTLER "KANDKLEX" ARTHUR KINOY

December 11, 1964

The following statement was issued today. A substantial majority of the Committee was personally reached and approved the text,

William M. Kunstler FOR IMMEDIATE RELEASE — December 11, 1964

The following statement was sent by telegram today to acting Attorney General Katzenbach by the Legal Advisory Committee of the Council of Federated Organizations of Mississippi.

The LegalAdvisory Committee of the Council of Federated Organizations Is deeply concerned about the effect in Mississippi and throughout the Nation of the extraordinary action of the United States Commissioner in dismissing the Federal charges of conspiracy In the Neshoba County murder cases. Unless the Federal Government takes emergency steps to guarantee effective federal prosecution of these serious charges the entire system of federal law enforcement in Mississippi may collapse. We urge the Attorney-General of the United States to take the following Immediate steps: 1. The Attorney-General should petition the Chief Judge of the United States Court of Appeals for the Fifth Circuit to appoint at once a non-Mississippi resident United States District Judge to take charge of all proceedings whatsoever from this point on concerning these conspiracy charges. 2. The Attorney-General should move at once before this new non-Mississippi United States District Judge to expunge the present discriminatory federal jury rolls in the Mississippi federal courts from which Negroes are almost totally excluded and set up at once non-discriminatory federal jury rolls including substantial numbers of Negro citizens of Mississippi. 3. The Attorney-General should then take Immediate steps to demand the convening of a new federal grand jury composed on a non-discriminatory basis of Negro as well as white citizens to consider federal indictments against the charged co-sonspirators and murderers. 4. The Attorney-General should immediately pe tition the United States Court of Appeals for the Fifth Circuit to appoint, pursuant to existing federal law, non-Mississippi resi dents as emergency United States Commissioners to handle all federal arrests and arraignments in Mississippi for violation of the federal Civil Rights Laws. The Attorney-General of the United States has full power to undertake these emergency steps, and the federal courts have full power to grant his demand for emergency relief. The exist ing laws of the United States afford ample power to prevent frustration in the enforcement of federal laws. 1. 28 U.S.C.A., Sections 291 and 292 give power to the chief judge of the circuit court with the approval of the Chief Justice of the Supreme Court, to assign a district court judge even from outside the circuit to sit within theDistrict of Mississippi. That power having been exercised, such a district court judge would have ample opportunity to summon a new grand jury. 2. 28 UoS.C.A., Section 1864 gives power to summon jurors from a box containing the names of no fewer than 300 qualified persons and the box is to be filled by the clerk of the court and a jury commissioner appointed by the court. A new federal court judge would have power to assure the establishment of a box of qualified names free from the discriminatory practices which heretofore have governed the selection of names not only in the state courts of Mississippi but In the federal courts, as well. 3. Whatever may be the limitations In Missis sippi on qualifications to serve on juries in the state courts — and these qualifications were tailored to exclude Negroes — the federal courts are not so controlled. 28 U.S.C.A., Section l86l qualifies to serve on a grand Jury any citizen of the district, 21 years of age or over, who has not been convicted and Is able to read, write and speak the English language.

-2- The prestige and Image of American law and American justice is at stake today in Mississippi. We call upon Mr. Katzenbach, the acting Attorney-General, as the chief law officer of the United States, to act upon these requests for emergency action at once.

The members of the Legal Advisory Committee of the Council of Federated Organizations are: William M. Kunstler, Esq., New York, N.Y., Chairman Eugene Cotton, Esq., Chicago, Illinois Eleanor E. Holmes, Esq., Philadelphia, Pa. Arthur Kinoy,^Esq., New York, New York Louis Lusky, Esq., New York, New York Howard Moore,^Esq., Atlanta, Georgia Benjamin E. Smith, Esq., New Orleans, La. Morton Stavis, Esq., Newark, N.J. Marian E. Wright, Esq., Jackson, Miss. Melvin L. Wulf, Esq., New York, New York KUNSTLER KUNSTLER & KINOY ATTORNEYS AT LAW 511 FIFTH AVENUE NEW YORK, N. Y. IOOI7

MURRAY HILL 2-9317 WILLIAM M. KUNSTLER CABLE ADDRESS MICHAEL J. KUNSTLER "KANDKLEX" ARTHUR KINOY \ December 28, 1964

TO THE MEMBERS OF THE COFO LEGAL ADVISORY COMMITTEE:

We are enclosing a copy of the opinion of the Fifth Circuit in COFO v. Rainey which we have just received. It represents an important victory in the overall legal situation and raises a number of new questions in respect to the immediate developments in Mississippi. We would suggest that these questions be discussed in full at the next Legal Advisory Committee meeting which will be held at the office of KUNSTLER KUNSTLER & KINOY, 511 Fifth Avenue, New York City on January 16th, 1965 at 10:00 A. M.

WILLIAM M. KUNSTLER ARTHUR KINOY MORTON STAVIS BENJAMIN E. SMITH MELVIN WULF Counsel for Plaintiffs in COFO v. Rainey 7^ m\ file SEPTEMBER EXPENSES

CATEGORY TOTAL EXPENSE DECEMBER 1 BALANCE OWING Deposits 150.00 Fixtures 355-75 Organizational Exr 388.74 Employee Exp. 54o!55 ?7?. 5-3 Salary 483.13 Auto 587.95 'ni.19 Phone 617.62 Rent 60.00 Power Q5.13 ^5.1? Office Exp. 148.03 1*1.15 ].6.6^ Legal Exr• 9?.60 TOTALS 3,460.59 1,119-7*

ANALYSIS OF ABOVE ACCOUNTS Deposits Deposit on First Telephone 100,00 Deposit on Second Telephone 50.00 Total "150.00 Fixture? One 1) Table 12.00 Two 2) Filing Cabinets 6?.75 (4) Air Conditioners Four ?8o.oo Total '355-75 Organizational Expense H. M. Aronson, Hotel in Jackson 46,25 Sherwin Kaplan, Expenses ?5.^o Mary Ann Glendon, Judi Nussbaum for expenses 50.0^ Sherwin Kaplan, to return car to Merrrhis ?5.00 H\ M. Aronson & A. H. Levine, Hotel in Jackson 79-40 Mary Ann Glendon & Judi Nussbaum, Hotel 83.17 Mary Ann Glendon, Misc. Expenses 15.00 Mary Ann Glendon & Judi Nussbaum, Hotel 9.07 H. M. Aronson, Hotel in Jackson 10.85 Judi Nussbaum, Meals 5.00 Mary Ann Glendon, Expenses 40.00 Total -3R8.74 Employee Expenses H M. Aronson, flight to Gulfport and return (58.31 H. M. Aronson, flight to Gulfport, Moss Point and return 85.39 H. M. Aronson, misc. expenses in Gulfport 13.00 H. M. Aronson, flight to Oxford ?8.43 H. M. Aronson, flight to New York li!?.07 H. M. Aronson, misc. expenses on New York trip 42.45 H. M. Aronson, expens e allowance for Sept. at $ 35 rer week 161.00 Total "5Ai°.65 Salary H. M. Aronson, salary for Aug. '1 •- Sept. 30 at $100 per wk. i'6o.oo Kelly Girl secretary, two days ?3.13 Total 7P8*.i* Auto Car Rental, Econo-Car 9/8-9/9, 9/9-9/16, 9/10-9/10, 9/20-9/29 272.45 Car Rental, Avis 9/P9.9/30 50.16 Car Rental, Hertz 9/2-9/2 Car Rental, Econo-Car 9/19-9/30 42.77 Total 175.^2 "587.9* Phone Phone No. 94p-^100 9/4-9/6 24.77 Phone No. 948-4100 9/7-10/6 327.16 Phone No. 355-1622 9/4-10/3 265.69 Total "617.62

Rent September Rent 60.00 Total 60.00 Power Sept. Electric Bill 35.13 Total 35-1? Office Expenses Supplies 1*1.15 Office Clean Up 9.50 Bank Charges 7.3R Total 143.0* Legal Expenses Notice Telegram, Burnside v. Byers 20.60 U. S. Marshall Sves. Burnside v. Byers 40.00 U. S. Marshall Sves. Burnside v. Byers 16.40 Transcripts of testimony 16.60 Total 93.60 OCTOBER EXPENSES

TOTAL EXPENSES STILL OWED Deposits 250.00 Fixtures •rganizational Exp. 194.65 Employee EXP. 301.00 182.00 Salary 684.00 '75-00 Auto 458.08 4*2.58 Phone 473.89 242.01 Rent 60.00 Power 16.26 16.26 Office Exp. 113.91 75-46 Legal Exp. 188.00 ---

?,739.79 1,323.31

Deposits WATS Line for phone 250.00 Total 250.00 Fixtures Total --- Organizational Ex- enses H. M. Aronson, Hotel in Jackson ^3.03 M. A. Glendon, Hotel, plane, misc. expenses 122.12 M. A. Glendon, Misc. expenses 29.50 Total 194.^5

Emrloyee Expenses H. M. Aronson, misc. expenses in New York, 10/2 11, ,00 H. M. Aronson, misc. expenses in Washington, 10/10 12, ,00 H. M. Aronson, flight, New York- Washing ton -New York 32, .00 H. M. Aronson, Hotel in Washington' 32, ,00 H. M. Aronson, apartment allowance 60, .00 H. M. Aronson, expense allowance for Oct. at $*5 per week 154 ,00 Total TOl.OO Salary H. M. Aronson, salary for Oct. at $100 per week 44o.oo Kell3»r Girl secretary, 3 days 35-0° Secretary, * weeks plus 4 days at -*55 per week 209.00 Total 684.00 Auto Gas 45.45 Car Rental, Avis 10/H-lO/l* 15.06 Car Rental, Econo-Car, 10/1-10/31 397•57 Total 45S.08 Rent October Rent 60.00 Total 60.^0 Power October Electric Bill 16.26 Total 16.26 Office Exrenses Supplies 91.46 Office Clean Up 22.45 Total 113-91 Legal Expenses U. S. Marshall, svcs., Burnside v. Byers 72.00 Filing Fee, Burnside v. Byers 15.00 U. S. Marshall, svcs., Burnside v. Byers 45.00 Witness meals, Burnside v. Eyers 6.00 To Mrs. Eurnside 50.00 Total 188,00 NOVEMBER EXPENSES

TOTAL EXPENSES STILL OWED

Deposits 10.00 10.00 Fixtures 47-35 47.35 Organizational Exr. 834.72 1 8*4.72 Employee Ex ' . 843.22 84-5,22 Salary -5I.OO 5Q0.00 Auto (incomplete) 47. °-2 47.^2 Phone (incomplete) 303-55 *0*.55 Rent 60.00 66.00 Power 6.93 6.9^ Office Exp. 37.55 37.55 Legal Exp. 2,841.64 2,7?0.64

Deposits Gas Co. for gas connection 10.00 Total IO.00

Fixtures Three (°) gas heaters 47.35 Total 47-35 Organizational Exrense H. M. Aronson's Furniture moving exrense, Conn. to Miss. 834.72 Total 8*4.72 Employee Expense H. M. Aronson, Flight to Seattle & return 354.73 H. M. Aronson, Hotels and exrenses in Seattle 41.00 H. M. Aronson, Flight to New York and return 145.04 H. M. Aronson, Flight, New York- Boston 16.00 H. M. Aronson, Hotel in New York 62.4^ H. M. Aronson, Cabs, car rental, expenses in New York 17.05.__ H. M. Aronson, apartment allowance 60.00 H. M. Aronson, expenses for Nov. at $35 per week 147.00 Total 843.22 Salary H. M. Aronson, salary for Nov. at $100 per week 420 .00 Secretary, salary for Nov. at $55 rer week 231 .00 Total 551.0b. 0 Auto (incomplete) Gas purchased by R. F. Kennedy 5 .05 Car Rental, Econo-Car, 11/1-11/* 42,.0 7 Total 47.3? Phone (incomplete) WATS Line 303.55 Total "303.55 Rent November Rent 60.00 Total 60 .00 Power November Electric Bill 6 .93 6 Total- .93 Office Expense 6.17 Pads 2n. *^ Typewriter Rental 11.00 Office Clean Up 37 .55 Total Legal Ex- ense

Total STATEMENT OF INCOME AND EXPENSES

INCOME DATE AMOUNT FROM REMARKS 9/8 400.00 COFO 9/8 110.00 COFO Not deposited Paid directly by COFO towards phon^ and rent 9/21 30^.00 Unitarian Fund $4o not deposited Pnid directly to M. A. Glendon for exrenses 9/29 700.00 Unitarian Fund 10/19 1,46o.oo Unitarian Fund 11/16 250.00 COFO 11/20 300.00 Unitarian Fund 11/20 225.00 Contributions 12/1 199-00 Contributions

TOTAL !,944.00

EXPENSES Sept. 3,^60.59 Oct. 2,7*9-79 Nov. 2,841.64

TOTAL 9,042.02

NET SURPLUS (DEFICIT) ($5,098.02) Deficit

BALANCE OWING AS OF DECEMBER 1 Sept. 1,119-78 Oct. 1,*23.31 Nov. 2,720.64

TOTAL 5,163.73 Less 65.21 Cash on hand

Net 5,098.52 Deficit ANTICIPATED MONTHLY OPERATING EXPENSES

Salery 671.00 Average monthly salary Em^ . Exp . 585.00 Average of Sept., Oct., Nov. Auto 522.00 Average of Se- t. & Oct. Phone 420.no WATS chg., svc. chg. allowance for out of state calls Rent 60.00 Exact Power 30.00 Estimate Off. Exp. 50.00 Estimate Legal Exp. 94.00 Average of Sept., Oct., Nov. TOTAL 2,4-32.00 OUTSTANDING OBLIGATIONS AS OF DECEMBER 1, 1964

CATEGORY AMOUNT OWED 'r o FOR Fixtures 280.00 Nat'l Council Air Conditioners of Churches Fixtures ^7-35 R. F. Kennedy Gas Heaters Deposits 10.00 R. F. Kennedy Gas Company Org. Expense 834.72 John Mudd Moving expenses- H. M. Aronson Conn, to Miss. Salary 110.00 Matti< 3 Knight 2 wks. salary 58.13 Ke iiy Girl, Inc. Secretary for 1 wk 820.00 H. M. Aronson 8.2 wk. salary Emp. Exp. 153.70 Jim Hankins 2 flights to Ai r Si 3rvi.ce Gulfrort & return 28.43 H. M. Aronson 2 flights to Oxford 42.45 H. M. Aronson Expenses on New York trip 9/16 13.00 H. M. Aronson Incidental exp. Gulfnort trips 182.00 H. M. Aronson 5.2 wks . exr>. allowance 87.00 H. M. Aronson Exrenses, New York trip 10/2 120.00 H. M. Aronson 2 mo. arartment allowance 395-73 H. M. Aronson Expenses, Seattle trip, Nov. 240.49 H. M. Aronson Expenses, New York trir, Nov. Auto 52.79 H. M. Aronson Gas 65.22 Avis Car Rental, Sept., Oct. 42.77 Hertz Corp. Car Rental, Sent. 615.06 Econo -Car Car Rental, Sept., Oct., Nov. 5.25 R. F. Kennedy Gas Phone 242.01 South* srn Bell Last month's 948-4100 bill 303.55 Marian Wright Paying our Nov. WATS-llne bill Rent 60.00 Jack young Nov. rent Power 51.39 Claudia Paying our Sept. Shropshire and Oct. bills 6.93 Mi ss. Power & Nov. bill Light Off. Exp. 252.66 W. T. Ma y Co . Off. supplies Sept., Oct., Nov. Legal 16.60 Court Reporter, Transcripts Tupelo 24 Stellen Street A^ Cambridge, Haas. (\r ifr» Benry Aronson 507 1/2 •« Farrlah St. Jacke©n} Miss. tear Ranry, I'hanks for making ©«r itftl * fruitful ©n«. We were glad to help In earn smell way* I write principally to reaind you of ay offer t© do research projects for your of flee or for any of tne people t© whom a carbon of this letter Isteeing sent. lj» In chars© of a group of 25-35 law students Mere who aare Interested In doing work for Southern lawyer* and groups of lawyers. Such work might tee things for which you hare no time, due to day*to day preseurest or 1tans of ©arrant need which ©ould be done ©n relatively short notice.. When things like this cos© up, they could be treated In one of two ways: CD Sending It to the Law Studata* Civil Eights Research Council, I36 Fifth Ave, KYO, or (2) aendlng it ta ae direct* Unless the itesa Is quite urgent, I suggest the former course, for Shirley Flogerhood apparently does nice early preparation of Issues and such. However, thle does take some tine. A^y ltsus sent to us should Include a Ma?ust date* there are many students here who want very »ueh to contribute, but who couldn't take a summer to do so* Tuey could product quality aork, I think, so long as the Issues and contexts are carefully spelled out, Ey problem la keeping them busy—and I*d like to ask for your help In doing so* Also, Henry, sight you drop Mrs. waleols P©ateody a note mentioning that Pottl© and I were in Jaokdon and that we were able to relieve the strain semewhstv-aseuslng that this *• • little bit taae. This Is principally for political reasons, of course, for she's a source well worth keeping for the future* then, too, she's s wonderful aosan who weald tee pleased to hoar that her money had some results. Ifianks. l*a practically caught up now, although taxation Is still a fog. Just what Is &n • annuity/*"'

cc. Glaoaea WarIan Ben Smith, TO ALL PROJECT DIRECTORS IN MISSISSIPPI

A Mississippi Bail Bond. Fund has been, set up and there--is $1,000. presently on hand in Atlanta. But most of our arrests cost wore than $1,0 00 so the bail fund can be used only in extreme emergencies that is where there is absolutely no other way to cet money or when i arrests occur under more then normally tense situations. So in most cases vre will use our nornal bail raisin? channels until the fund grows and has nore money in it.

I am enclosing two forms which should be filled out each tine someone pets arrested regardless of how their bail is obtained. Immediately after the forms are filled they are to be nailed to Barbara Jones

at the Atlanta Office. ,7e need to keep better bail records so when the cases are settle those who have put up bail can pet their money back. And sothat in

our confusion and errors, the money won*t go to the

state. I think if these sheets are used our records may be more correct and orderly.

IT IS VERY IMPORTANT THAT YOU FILL OUT THE ENCLOSED FORMS WHEN ANYONE IS ARRESTED. SEND FOR MORE WHEN YOU NEED THEM.

'Please send all the bail receipts you have in vo your office to me in Atlanta. Those receipts are extremely valuable and should be kept in our safe because if they are lost money is lost too, los

Barbara Jones MISSISSIPPI BAIL LOAN FUND

ASSIGNMENT OF BOND

Know £11 Men By These Presents:

The Trustees of the Mississippi Bail Loan Fund consisting of Ernest

R, Chanes, Hubert T. Delany, David Dennis, James Forman, William Meyers,

Robert P. Moses, and Benjamin E. Smith have heretofore posted cash bail

in the sum of ($ ) Dollars for the

release of the undersigned frcm the jail at ,

Mississippi.

Now, therefore, for and in consideration of the foregoing, the under

signed does hereby agree to reimburse, to save harmless and to pay to the

order of the said Trustees or either of them on demand the aforesaid amount

of the cash bail and does hereby assign to the above named Trustees, as

security fcr such repayment, any and all right, title and interest which

the undersigned may have in the above-mentioned cash bail posted on his behalf.

Dated at , Mississippi this day

of , 1965.

Name

Address

Phone

FORM MBL h - 12/64 Name of case Docket No. of case_ Name of Court

Name of Attorney

Affiliation of Attorney^

Charge

MISSISSIPPI BAIL LOAN FUND REIMBURSEMENT AGREEMENT

I, the undersigned who lives at

. has been arrested

by law enforcement officers of the State of Mississippi,

A loan of dollars ($ ) has been given to me

by the Trustees of the Mississippi. Bail Loan Fund consisting of Ernest

R. Chanes, Hubert T. Delany, David Dennis, James Forman, William Meyers,

Robert P. Mcses, Benjamin E. Smith, for my release from jail.

In consideration f the aforesaid payment by said Trustees and other

good and valuable consideration, the undersigned does hereby agree to re

imburse and to pay to the order of the said Trustees or either of them,

on demand, such sums as shall be necessary to reimburse and save the above

Trustees harmless, but in no case shall such sum exceed the amount of the

above cash loan.

Dated at _ , Mississippi this day of

, 196k.

Name

Address

Phone FORM MBL 3 - 12/6U RE* COFO V. PATTERSON

This action seeks a declaratory judgment declaring

§8666 of the Mississippi Code to be unconstitutional. That amotion of the code provides that upon petition of two members of the Bar, raising the question of the qualification of any out-of-state attorney, the Board of Bar Examiners shall inquire into the professional standing, moral character, etc., of auch attorney and that pending such inquiry an attorney who appears in any court in Mississippi shall be guilty of a misdemeanor.

There are a number of defendanta, the most important of whom are

Attorney General Patterson and the Mississippi Bar Association.

Patterson moved to dismiss on the ground that the complaint failed to state a claim upon which relief could be granted;

COFO cannot maintain the suit as a proper class action? Moses and Morey cannot maintain the suit aa a proper claaa action;

Shapiro and McGee cannot maintain the action as a proper class action; the plaintiffs and each of them lack standing to maintain the action and the court has no jurisdiction. The Mississippi

Bar Association made a motion to dismiss which was substantially identical. Other defendants adopted the motion of the

Mississippi Bar Association.

In addition to these legal issues, the following substantial factual issues are raisedi

I. The capacity and authority of COFO to sue.

• I *» 2. The standing of the other plaintiffs (Moses, Morey,

Shapiro and McGee) as representativee of a class.

3. The standing of defendants Same and the Mississippi

Bar Association to be aued as representatives of a class.

4. The unavailability of lawyers admitted to practice

in Mississippi to provide adequate representation for persons

involved in criminal charges arising out of civil rights activitlea.

5. The reluctance of counsel aasigned by the courts to

represent persons arrested in civil rights caaee to raiae

constitutional issues relating to the eegregated system of

justice in effect in most courts in the state of Mississippi. in securing 6. The difficulty of plaintiffs jfcoxjaocueex,legal

representation for staff members of COFO and its volunteer workers.

7. The fact that §3666 of the Mississippi Code was enacted

as part of a program to preserve racial segregation in Mississippi.

8. Whether Mays and Galloway could have secured local

counsel to represent them or court-appointed counsel who would have provided them with competent representation.

9. Whether plaintiffa Shapiro and McGee withdrew from representation of plaintiffs Galloway and Maya upon the filing of a petition pursuant to §8666.

10. Whether §8666 has been invoked in other than civil rights cases.

kJ< RE* COFO V. SCRUGGS

This action seeka a declaratory judgment declaring unconstitutional the rules, regulations, customs and practices observed by the defendants in refusing to permit attorneys from states other than Mississippi to visit prisoners in the custody of defendants, and enjoining the defendants from refusing to permit any attorney duly qualified to practice law in the

United States to interview persons held in their custody.

The defendants are the members of the Board of Commissioners of the State Penitentiary and a sheriff as representative of all of the sheriffs. The defendants moved to dismiss on the ground that the complaint failed to state a claim upon which relief could be granted; COFO and plaintiffs Moses and Morey cannot maintain the action as a proper class action; the plaintiffs lack standing to maintain the action and the court has no jurisdiction.

Xn addition to these legal issues, the following substantial factual issues are raised:

1. The capacity and authority of COFO to sue.

2. The standing of plaintiffs Moses and Morey aa representatives of a class.

3. The standing of defendant Cauthen as representative of a class.

4. The unavailability of lawyers admitted to practice in Mississippi to provide adequate representation for persons involved in criminal charges arising out of civil rights activities.

- I — 5. The reluctance of counsel assigned by the courts to represent persons arrested in civil rights cases to raise constitutional issues relating to the segregated system of justice in effect in most courts in the state of Mississippi.

6. The difficulty of plaintiffa in securing legal representation for staff members of COFO and its volunteer workers.

f. The fact that out-of-state attorneys have been impeded in their representation of clients by the refusal of defendants to permit them to visit and consult with persons in their custody, thus making it impossible to prepare for trial or to prepare removal petitions.