Enterprise-Journal from McComb, Mississippi • 3

I -11 'i i ii i 11 mm Barneff Issue Goes fo I oun High court with the United States prose fairly weigh the evidence in a i "It is clear to me that this court the court with contempt after dis NEW ORLEANS (AP) The 1 i criminal trial. is. wholly beyond the obeying orders not to interfere with the admission of James H. the evidence on the criminal jurisdiction vested in it by Con- U.S. Supreme Court has been asked to decide if Mississippi Gov.

Ross Barnett is entitled to contemDt trial is the same. gress- t-ameron wrote, contend- ing that the case belonged in U.S. Meredith to the University of Mississippi. The judges asked the Supreme Court to also decide if that which was before the court trial by jury in the criminal contempt proceedings stemming from in the civil contempt case, can the judges be expected to erase the inferences and conclusions his efforts to block the enrollment of a Negro at the University of Mississippi. cuting and also serving in the tole of amicus curiae friend of the court.

He said it should go back for trial to the district court where it originated. To deny Barnett and Johnsoj a jury trial, wrote Judge Bell, "would be to establish a drastic and far reaching precedent. are dealing with a great and fundamental right, and one not ligruY to Remember this number: 684-2421. hick that evidence produced hen it was previously consid district court. CONFUSION CITED, When the circuit court assumed jurisdiction, Cameron said, "the weaving of the tangled web began, and the court has, in my opinion, been in a stata of confusion ever since." Judge Gewin said the case should not be tried in the appellate ered'' he wrote.

Judge Cameron contended that Johnson had the right to a jury trial. The two state officials had first been cited for civil contempt. The court found them guilty and imposed stiff penalties. But before enforcing the penalties, it brought criminal contempt proceedings against both leaving the civil contempt case hanging. Civil contempt rules give the defendant the opportunity of escaping all or part of the penalty the entire court had sole jurisdic tion in the case since last Sept.

24 and the criminal contempt ci tation signed by only three of the circuit judges was not valid. Wednesday, April 10, 1963 McCOMB ENTERPRISE-JOURtfAL 3 -r i "rt." iJinJ- The 5th U.S. Circuit Court of Appeals deadlocked 4-4 over the issue and asked the Supreme Court to decide if the 64-year-old governor could be tried by a jury as he had asked. TWO VIEWS "It is much less important, In the judicial scheme of things, that Gov. Bamett should escape being fined or jailed for his publicly demonstrated contempt of a valid order of this that he should be denied the jury trial which he has write Circuit Judge Warren Jones of Jacksonville, one of the four judges ruling for a jury trial.

The four judges who wanted to try the case without a jury maintained that the Supreme Court "has definitely held that criminal contempts are not subject to jury by ending disobedience to the courts order. Criminal contempt deals with acts in the past with no chance of forgiveness through Funny Bunnies Mxed-Up Ears PENNEY'S ALWAYS FIRST QUALITY CHARGE YOUR EASTER FASHIONS NOW! This is trio ot bunnies was amona a future acts. 0i! Joining Judge Jones in dissent lone ear in the middle of its head. Robert E. Colling of Pasadena, said it was the first time he'd seen anything like this in the two years he has been breeding rabbits.

(AP) Wirephoto) ing were Circuit Judges Ben litter of five born last november. The other two were perfectly normal but among the unusual three, two were born without ears and the other with a Cameron of Meridian, Grif fin Bell of Atlanta; and P. Gewin of Tuscaloosa, Ala. Tuttle, Rives, Brown and Wisdom, in a combined opinion, Blind Singer WTote, "it is elementary that the court against which a contempt is Before you put your foot into it inspect Barnett Raps 'Paid Agitators' committed has exclusive jurisdic to March Again tion to punish for such Each of the dissenting judges 1 v. filed separate opinions.

The circuit courts ninth mem trial as a matter of constitutional The court "ii under the clear duty Itself to proceed without unnecessary delay to try the defendants for the criminal contempts charged," wrote Chief Judge Elbert Tuttle of Atlanta; and Circuit judges Richard T. Rives of Montgomery, John R. Brown of Houston, and John Minor OUR PENNEY pass after warning. Three were arrested during sit in JACKSON, Mis. (AP) Gov.

ber, Judge Joseph C. Hutcheson Ros Barnett said he held proof Dr. Martin Luther King Jr. of today the Negro leaders in the of Houston, did not sit at a hearing on motions for a jury trial held last February and did not cent voter march demonstrations PUSViPl step up to a fabulous value at Greenwood were paid salaries hand down a ruling. QUESTION POSED and expenses.

Wisdom of New Orleans. CHARGED WITH CONTEMPT Barnett and Lt. Gov. Paul B. Judge Jones asked if the same appeals judges who cited Barnett and Johnson for contempt could at only.

7 00 Johnson had been charged by Atlanta, another leader of the integration movement, and Aber-nathy said they would not demonstrate today. "Since they wouldn't arrest Mr. Hibbler, we're going to give him another chance," he said. "Our day has been set back until Thursday." Two Negroes Take Tests at Lexington Barnett commended the officials at Greenwood for their actions in handling the marches which developed inter-racial incidents. "It is amazing to note that on one of these expense accounts, filed by one of the agitators," Barnett said, "it listed expenditures for Old Taylor, beer, movies and sodas." "It is even more amazing note that he spent more money for whisky, beer and movies than he did for food," Barnett said.

McComb Firm to Build $77,800 Co-Lin Project BIRMINGHAM, Ala. (API-Blind Negro sincer Al Ilibblcr Erfid he vrau'd lead another racial demonstration in Birmingham today because "police segregated me from my own yesterday and would net arrest "That is segregation to its highest level," he told about 3j3 Negroes attending a rally Tuesday night. "I hey arrested my pvople but didn't even want to take me Inside the police sation." Kibbler was picked up as he marched in front of a downtown department store. After he identi-li'jd himself, he was released with en apology. Police arrested 20 Negro demonstrators and a white man who identified himsdf as Carl Keith of Evanston, 111.

Keith said he is a pacifist. Keith and eight others were while carrying placards and were charged with parading without a permit. Nine more were arrested at a bakery on charges of disorderly conduct and trcs- Two Are Fined on Moonshine Copiah-Lincoln Jun-iroom, one electronics laboratory WESSON ior College Board of Trustees and one other classroom. Tuesday night accepted the low i) pj HERE AT lAST A FASHI0N SHOE THAT FITS TO i PERFECTION WITH ITS GOOD FITTING LAST, ihf ELEGANT' YET COMFORTABLE HEELS Xi SIZES MEDIUM OR HIGHI TAKE NOTE TOO: PENNEY'S I PUT THIS SHOE IN A CLASS BY ITSELF WITH Other space in the building wiT est bid of $77,800 by C. E.

Jack-1 include offices, a blue-print room, son Construction Co. of McComb The governor said another "admitted taking money under a locker room, a tool room and a utility room for air-compressors false pretenses from the Welfare and steam-car washer. Department by using the birth for erecting a Vocational-Technical building. To be used for drafting and electronic technology and auto mechanics shop instruction, the single story building is expected to certificate of a child who had Tearing down of older building: died. and ecavation of the site have I WHITE LEATHER AND BLACK PATENT.

Barnett said another leader had been under way for the past sev eral weeks. Co-Lin President F. be completed in 180 days, will be previously been indicted by a grand jury for bigamy "and he M. Fortenberry said he hopes con struction on the Vncational-Tec admitted to having four wives, without a single divorce." nical building will begin as soon made of concrete, brick and block, and will be 60 feet by 167 feet. The auto mechanic area wil occupy 4,620 square feet of the builidng.

There will be two drafting rooms, one electronics lecture "I am happy that these hired as possible. LEXINGTON, Miss. (AP) A small group of Negroes turned out to apply for vote registration Tuesday in this small Delta town. Only two took voter tests because the circuit clerk who serves as vote registrar was occupied with the April term of circuit court. When 1G Negroes appeared at the courthouse in the morning, a deputy sheriff first told them to disperse, then directed them to gather under a shade tree and wait.

"We're not trying to prevent you from registering," the deputy said. Lexington, a town of 2,800 population, is the seat of Holmes County, which adjoins Leflore County where an active drive to register Negroes is under way. Nazarenes Ten construction firms submit professional troublemakers have now packed their carpetbags and ted bids. uor Charges Liq Two Burglund women, Bertha are leaving," Barnett said. Ford to Pick New President Brumfield and Lilly Washington, have be.n fined $350 each plus court costs after pleading guilty to pocr.ession of intoxicating liq-uo1' (barges.

were arrested by Police- DETROIT (AP) Ford Motor Co. directors pick a new president today to succeed the retiring John Dykstra, who wil be 65 next week. Dykstra's successor may come from the ranks of the whiz kids, Plan Easter Services the group of Air Force statistical tavciylhtag comes up for I i MASCULINE rn-n Hwlcy rrd B. F. Elmore.

Officers found two gallon jugs of moonshine whisky and beer mixed at Bertha Brumficld's house at 436 Elmwo'id. A pan of moomhine whisky was found at Lilly Washington's home at 444 Elmwood. Off The Record Special Easter Sunday services will be held at the McComb First Church of the Naz-arene. The Southernaires Quartet of McComb will present a concert of rwpel music at 9 a. m.

The officers who joined Ford in 1946 when Henry Ford II and Ernest Breech set out to reorganize the company after World War II. Leading contenders for Dykstra's job apparently are Arjay R. Miller, a scholarly appearing Nebraskan win is vice president, staff group, and James 0. Wright, a soft-sooken Virginian who is vice president, car and truck group. Wales' annual six-day Royal National Eisteddfod is a mixture of music festival, literary competition, mystic ritual, patriotic rally and family reunion.

Svr'Vi-X I 4i- nnrrr fUAM 33 As I I A it I im Mnnm mack leather ft 1 1 I i FINFtY MADE LOOK AND FEEL 1 IN CIIY TRAFFIC and nparts filed at the plicc department: Wednesday, April 10 Bobby McKenzie, McComb, was charged with driving with expired drivers license and running stop sign wi Magnolia street. church chnir, under tve direction of A. D. Boone, will present a cantata entitled, Is a Risen Savior," at the 11 a. m.

worship service. Rev. Don Ballard, the church pastor, will speak on "The Tomb Is Empty" at the 7 p. m. service.

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