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NAACP — Part 7
Page 66
66 / 101
DL 100-5257
Attorneys W. J. DURHAM and C, B. BUNKLEY, JR., who rep-
resented the NAACP in this suit, were quoted by the paper as having
Baid that they could see no justifiable reason for an appeal from
the ruling of the Tyler court because nothing had been lost by the
decree. The NAACP is back in business, these attorneys were quoted
as saying, and it is permitted to do all that it has ever done in
the past. If the NAACP has engaged in any of the prohibited acti-
vities, it was wrong in doing so, this paper stated, but the long
history of the NAACP supports the contention that the NAACP always
operated within the framework of the law. If this be BO, the new-
paper reflected, “and it appears that it is 80, then the NAACP has
lost nothing as a result of the suit." The court held as a matter
of law that the NAACP is a non-profit making organization and that
as such, it is not permitted by law to have a permit to do business
in the state. This is 4 direct rejection of the state's contention
that the NAACP is a profit-making organization and was, therefore,
subject to strict corporate control by the Btate, this newspaper
said,
Mee UNA Liang Manntane Naw " motteas an Me «7
inhi Md LLas Morning news, iki Liat, Te dat ted ray 3;
1957, reflected that District Judge DUNAGAN on May 8, 1957, had
issued a permanent injunction order against the NAACP in Texas,
and all of its affiliated organizations. The order does not mean
that the NAACP is completely outlawed, this article stated; how-
ever, it points out that the defendant organizations have no lawful
rights under the laws of Texas, and are permanently enjoined from:
1. Engaging in the practice of law or financing a suit
in which they have no direct interest,
2. Engaging in political activities or in lobbying
activities contrary to the state laws.
2: Soliciting law suits, either directly or indirectly.
. Hiring or paying any litigants to present, maintain
or prosecute a law suit.
Judge DUNAGAN held that the Texas State Conference of
Branches and the Southwest Regional Conference of the NAACP and
the 111 individual branches named in the suit are integral parts
wea ne = ae rae
of the parent organization, and subject to its direction and con-
trol.
' .
The order also held that the NAACP which has done buginess
in Texas since 1915, according to this newspaper, is a non-profit
making organization, and ag such, is not required to obtain a state
permit but "under the law is required to file franchise tax reports
or returns and to pay franchise taxes for the privilege of operating
as a corporation." The NAACP was ordered to pay all accrued franchise
taxes plus interest and penalties within 30 days after the amount
-3- LOW ANATIAL
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