Appendix 23
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The St. Augustine Record, Sunday Morning, Sept. 27, 1964
Law, Justice In
Lash Of Federal
St. Augustine has felt, perhaps,
more than any other city, the lash
of federal judicial infringement
on the rights of citizens and the
constitutional powers of local and
state courts.
"We the jury find the defendent
guilty or not guilty" .. are
words that have meant the very
foundation upon which justice for
individuals and our judicial system
has been built. Under our
constitution every man has the
r)ght of trial by jury, if he so desires.
But, in these times when state's
rights are looked upon as sort of
a crack-pot belief by the federal
government, the words of "We
the jury . . . " as applied to justice
in St. Johns County has been
changed it seems, by the federal
court judge to read: "I Federal
District Judge Bryan 'Simpson
find ... "
Proceedings in the federal district
court for the past year show
~ha~ ~~e aging district judge sits
mdIV1s1bly as judge, jury and
prosecuting attorney whenever
white citizens of the county are
brought before him on petitions
filed by integrationists.
He has established himself as
136
County Feel
Court Power
the "law" in St. Johns County
when the so-called question of
civil rights is concerned.
Other judges, lawyers and persons
familiar with the personal
as well as property rights of individuals
and judicial proceedings
have expressed alarm over some
of the court actions of Judge
SJmpson. These persons, for obv10us
reasons, prefer that their
names not be mentioned.
During the past year over 500
cases involving misdemeanors by
Negro and white civil rights advocates
have been moved from
our municipal, county and state
courts to the federal district
courts by the "snap of the finger,"
so to speak. These some
500 cases involve breaking of the
laws of the municipality of St.
Augustine, St. Johns County and
the State of Florida.
In most incidents, the defendants
publicly broke the lawsome
giving notice to the press
ahead of time of their intention
to do so.
Cases have been taken directly
before Judge Simpson, or appealed
directly to the federal
court from the municipal, justice
of the peace and circuit courts
RACIAL AND CIVIL DISORDERS IN ST. AUGUSTINE
without following the proper judicial
course of law. Our state
courts have been sidetracked.
There seems to have been a
"hot line" between civil rights
attorneys and Judge Simpson. Petitions
by Negroes are granted
quickly, and white defendants
have been ordered to appear in
the district court on short notice.
In all cases against white defendants,
rulings have been made.
But, over 500 cases against integrationists,
some of them a
year old, sit in the federal district
court and the federal court
of appeals. Some observors are
inclined to believe that they will
be there for a long time.
There have been so many petitions,
appeals and counter-appeals
that it is confusing as to
the exact number of cases pending.
But, Judge Chas. C. Mathis,
Jr., has over 490 cases which
have been transferred from his
court to the federal court during
the past year. There are over 150
more cases being held up by the
County Judge's Court, pending
federal court rulings of similar
cases.
Usually there is a $25 fee to
file cases in the federal court. It
is understood that this fee in the
some 500 cases has been waived,
so it is not costing the integrationists
anything. The legal staff,
headed by Tobias Simon of Miami,
is furnished the plaintiffs,
and the bonds set in the cases
have not been paid.
The grounds for petitioning
that cases be transferred to the
federal court is that the plaintiffs
claim that they cannot obtain
a fair trial in St. Johns
County. This, of course, is an insult
to the integrity of our city,
county and state courts, and the
people of St. Johns County.
As one observor said: "How do
they know they can't get a fair
trial? They never go to trial."
137
Judge Mathis, who has gained
a reputation during his many
years on the bench, as a fair
judge without playing favorites,
had this to say:
"The faith and confidence of
the lawyers, laymen and law enforcement
officers in the Federal
Judiciary system has been shaken,
if not destroyed, by the action
of the Federal District Court
in Jacksonville in cases entertained
and considered as Civil
Rights cases. The citizens of St.
Johns County now see this court
as a threat to their freedom rather
than as a guardian of their
rights."
Justice of the Peace G. Marvin
Grier, from whose court some
cases have been petitioned to the
federal court commented: "I do
not believe that recent decisions
of Judge Simpson are in keeping
with the best traditions and ethics
of American jurisprudence.
"I do believe that failure to
render prompt decisions on petitions
to transfer local cases to
the United States court is rendering
impotent the municipal,
county and state courts and is
gradually breaking down all concepts
of law and order."
When racial strife was at its
height here, Judge Simpson made
conditions worse by ruling that
police could not place a ban on
night demonstrations, and even
issued an order requiring the governor
of Florida to show cause
why he should not be held in contempt
of court when he ordered
such a ban on night demonstrations
to preserve law and order.
Such bans were granted and
put into effect in many northern
cities where Negro rioters
ran amuck.
Chief of Police Virgil Stuart,
in reviewing racial trouble which
existed here, stresses that it is
essential to law and order that
demonstrations, mass meetings,
RACIAL AND CIVIL DISORDERS IN ST. AUGUSTINE
parades, public gathering, chanting,
singing, etc. be regulated by
city ordinance.
"By using this permit method
the police department has heretofore
always been able to regulate
meetings, public gatherings and
parades so that they would not
conflict with other similar activities,"
the chief said.
But the federal courts issued a
restraining order which in effect
nullified the right of the police
department and the City of St.
Augustine to control the movements
of large groups of people
over the public streets and public
parks.
"The results of the court order
created mass confusion whereby
large groups of people marched
in the public streets at any time
of the day and night. In our efforts
to control and stop riots as
provided under the city ordinance
governing disorderly crowds we
ordered the leaders to discontinue
these mass demonstrations, parades,
public meetings etc. upon
public property. Again the court
ruled against the City of St. Augustine
and the police department
stating that it had no right to issue
such an order not withstanding
the fact that many violations
of laws occurred, including numerous
juveniles and minors violating
our curfew laws." Chief
Stuart added.
Stressing that most of the trouble
occurred at night, Chief of
Police Stuart added that "the federal
courts through their orders
restraining the law enforcement
agencies have caused police to
almost completely lose control of
the law enforcement in the city.
Mayor Joseph A. Shelley said:
"Although I was personally
treated with courtesy by Judge
Simpson, it is my opinion that
the judge deviated from normal
court room procedure to such a
degree as to make it difficult for
138
defense attorneys to properly
represent their clients. His actions
indicated that he may have
prejudiced a hearing before all
the facts were presented."
City Commissioner James
Lindsley said he felt that "Judge
Simpson has greatly over-stepped
his bounds as a federal magistrate,
and has done St. Augustine
a terrible disservice, both to the
white and colored citizens."
Commissioner Harry Gutterman
stated: That the federal
court by failing to render prompt
decisions on the many petitions
before it is "rendering impotence
to the municipal, county and state
courts," and is contributing to
breaking down law and order in
the city and county.
Willard Howatt, attorney for
the board of county commissioners,
commented: "This continual
infringement upon the states
rights is slowly and surely depriving
the people of this county
of all their constitutional rights
and leading to a dictatorship."
Chairman Dan Mickler and
other members of the board of
county commissioners have openly
condemned rulings by Judge
Simpson in regard to law enforcement
and court actions in the
county.
Sheriff L. 0. Davis, who has
been a constant visitor before the
federal court in Jacksonville, is
now being sued by a white and a
Negro integrationist for $20,000
for allegedly not providing them
with protection while they were
swimming with a group of Negroes
at St. Augustine Beach.
Sheriff Davis said he was attempting
to "get the trial of the
suits in another court for there
is no way for a white person
from St. Johns County to get a
fair trial before Judge Simpson."
Those attending the numerous
federal court sessions say that
white witnesses and defendants
RACIAL AND CIVIL DISORDERS IN ST. AUGUSTINE
were often brow-beaten by civil
rights attorneys, and their statements
under oath often questioned
by Judge Simpson.
Attorneys for plaintiff had the
"run of the court," while attorneys
for the defense were often
muffed from the bench.
Next to challenging the authority
of the governor and the
State of Florida, and ruling that
demonstrators could demonstrate
at any time at night they choose,
the next most controversial decision
was Judge Simpson's ruling
holding Deputy Sheriff
Charles Lance Jr. in contempt of
court for allegedly harrassing
Negro integrationists, whom
Lance swore under oath he was
protecting instead, and the
judge's ruling that Lance must
resign as a deputy sheriff.
Lance was ordered to pay $200
toward the fee of attorneys for
the Negroes. Tobias Simon, the
principal attorney for the plaintiffs,
announced to newsmen that
the money would be contributed
to the NAACP legal defense
fund.
In ordering the bonded deputy
sheriff to resign, Judge Simpson
was quoted by the Associated
Press as admitting that "I have
no authority to do that, but this
is a special case, since he is a
non-paid special deputy."
However, Lance is not a special
deputy but a bonded deputy
with all of the powers of a deputy
sheriff.
The judge's ruling is under appeal
to the United States (circuit)
court of appeals, 5th circuit.
Judge Simpson has held one
motel operator in contempt of
court and ordered 17 other business
places to conform to the
civil rights law. In Judge Simpson's
behalf, it must be said that
he refused a petition by attorneys
for the Negro plaintiffs that
the operators of these 17 places
of business be ordered to pay
$1,000 each toward their attorney's
fees.
Donald E. Buck, county prosecuting
attorney, had this to say
about the actions of the federal
court:
"The United States Federal
Court Judges are appointed by
the President, confirmed by the
Senate and serve for life. The
appointments to the Federal
bench are usually political payments
doled out by the party in
office. The people have no voice
in selection of the Judges and the
people have no power to remove
them. Under the present court
structure it is virtually impossible
to remove a Federal Court
Judge for any reason, including
incompetency, senility, indolence,
etc."
"Aristotle, famous Greek, once
wrote "That Judges of important
causes should hold office for life
is not a good thing for the mind
grows old as well as the body."
"Senator Sam J. Ervin Jr. of
North Carolina said in August
1964: 'It is a tragic hour in our
history when Federal laws and
Federal Court rulings are designed
to give demonstrators an
immunity from prosecution for
their offenses."
139
"Insofar as State Courts of the
United States are concerned today
the Federal Judge sits invisibly
in the State Trial Court
behind the State Judge, State
Prosecutor and State Jury with
an absolute despotic power at any
time to stop the trial of a criminal
defendant with the threat of
a jail term to everyone involved
in the State trial EXCEPT the
criminal defendant."
CONCLUSION : The purpose
and intent of the above report
on recent activities of the federal
judiciary has been compiled in an
endeavor to enlighten others con-
RACIAL AND CIVIL DISORDERS IN ST. AUGUSTINE
cerning recent rulings by Judge
Bryan Simpson concerning civil
rights cases in St. Augustine.
The report in no way is meant
to bring personal ridicule to any
man, but rather to point out
what is felt to be the injustice
of a particular system. We have
discussed at length recent actions
of the federal court with many
lawyers and judges. Not one
lawyer could inform us on what
legal basis cases in local courts
had been granted appeals to the
Federal Courts. Not one lawyer
could explain under what laws
the Federal Court had the power
140
to usurp the constituted responsibilities
of county and state
courts.
We must conclude that if
Judge Simpson is acting under
the law of the land . . . then
the "Law of the Land" has ceased
to be the "Law of the People."
We suggest that every citizen
who feels that the power of the
federal judiciary is infringing
the rights of state courts, write
their senator and congressman
and request that they take immediate
steps to correct any laws
that grant such power to the federal
courts.
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