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Supreme Court — Part 29
Page 32
32 / 83
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4
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ptr AME Sade RE
shape if ita purpose
There is mo question that
« this was the legislature's pur-
<*\ pose for it was openly conceded
when Tuskekee’# once-square
¢ ‘oundaries were redrawn in
1957. The Negroes who carried
their appeal to the Supreme
Court must now go through the
legal fdrmality of proving their
#ase In Federal District court,
however. ~ we
4 See Difference in Friicipic
; esterday's opinion by Jus-
% Frankfurter emphasized
¢he"difference in principle be-
tween gerrymandering for po-
litical purposes and gérryman-
+ dering which has the intent of
racial discrimination. To some
. judicial observers: the line ee
~ tween the two is’ barely
< . eerniple, however, and it seems
the court at some
+, gee decision sz w stepiping-
stone for a further advance in-
to the gerrymandering thicket.
The Frankfurter opinion re-
versed & decision of the Fifth
Cireuit Court of Appeals, which
had relied on previous Supreme
Court decisions for ite finding
; ” that Federal courts lacked ju-
‘ pisdiction in gerrymandering
:
|
Nesroes, discriminate. against ly in another pending case
en -!
SE a ea nen a eee en |
RPRETIVE REPORT ”:
the opportunity to do a6 short-
which white voters in Tennesy
see are protesting gerryman
dering which permits rur
districts to dominate the Ten
nessee Legislature, = =
Tuskegee had a population
of 5,397 Negroes and 1,310
whites before its boundaries
were re-drawn. Of aome 400
Negro voters formerly within
the city limits, only four or
five are left and Tuskegee In-
stitute, famed seat of Negro
jearning founded by Booker T.
Washington, is now outside the
city boundaries. :
Divide In 2 Decisions
‘The court's unanimity in the
Tuskegee decision was notably
lacking in two other rulings
on the busiest day of its 1960-
€1 term yesterday. Decisions in
two cases involving the rights
Gi witnesses belare legislative
cemmittees investigating sub-
version brought bitter protests
from the liberal bloc.
By a 6-3 vote, the court
the McPhaul case,
by Justice Brennan, objected
chiefly to the fact tias there’
had been no proof that Mrs.|
McPhaul, who was sentenced
nine months in prison and
fined $500, had been an official
Justice Whittaker, who spoke
for the majority, noted that
the subcommittee had ’
to believe Mr. bcPhas, hf
executive ‘secretary of tie
group, which has been nstét:
by the Attorney General as al
subversive organization. But,
denied a second hearing to Dr,|the court's Uberais felt the de-
Willard Uphaus, who has al-|fendant should have been pro~
most completed his one-year tected by the legal presumption
jail sentence for refusing to|of innocence until proven.
Tevea] the names of questa at jzullty
his World Fellowship Center| “To
day we take a step hack-
» eases. Appellate Judge Jobnii new Hampshire. ft divided|ward,” Justice Douglas eald for
the:
Minor Wisdom said jt that
6-4 in upholding the contempt|the dissenters. “We allow
af é ofjman to go t# prison for doing
a more, #0 far as this record |
“seveals, than challenging the!
eel ed La
yb
LADD ¥ i
three-man Liberal bloc, jotned|
of the Civil Rights Congress.- ..}! |
Telgon
Mohr
Parsons
Belmont ______.
Callahan
DeLoach
Malone ____..__
McGuite
Rosen
Temm 2
Trotter
WC. Sullivan
Tele. Room
Ingram
Gandy
The Washington Post and
Times Herald
The Washington Daily News ——
The Evening Stor 47:
New York Herald Tribune
New York Journal-American __—
New York Mirror
New York Daily Neaewe
Now York Post
The New York Times
The Worker
The New Leader
The Wall Street Joumal ———-—-
Date -{O"-@e
_ ent
62-2798>
ee
NOT RECORDER
149 NOV 23 ivou
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