regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law.

“(e) Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecu tion. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel."

PART V-TO PROVIDE TRIAL BY JURY FOR PROCEEDINGS TO PUNISH CRIMINAL CON TEMPTS OF COURT GROWING OUT OF CIVIL RIGHTS CASES AND TO AMEND THE JUDICIAL CODE RELATING TO FEDERAL JURY QUALIFICATIONS

SEC. 151. In all cases of criminal contempt arising under the provisions of this Act, the accused, upon conviction, shall be punished by fine or imprisonment or both: Provided, however, That in case the accused is a natural person the fine to be paid shall not exceed the sum of $1,000, nor shall imprisonment exceed the term of six months: Provided further, That in any such proceeding for criminal contempt, at the discretion of the judge, the accused may be tried with or without a jury: Provided further, however, That in the event such proceeding for criminal contempt be tried before a judge without a jury and the sentence of the court upon conviction is a fine in excess of the sum of $300 or imprisonment in excess of forty-five days, the accused in said proceeding, upon demand therefor, shall be entitled to a trial de novo before a jury, which shall conform as near as may be to the practice in other criminal cases.

This section shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice nor to the misbehavior, misconduct, or disobedience, of any officer of the court in respect to the writs, orders, or process of the court.

Nor shall anything herein or in any other provision of law be construed to de prive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

EXHIBIT D TO STATEMENT OF SENATOR DOUGLAS

[From the Congressional Record, Jan. 28, 1959]

"OUT OF CONVICTION"-A SECOND STATEMENT ON THE SOUTH'S RACIAL CRISIS SIGNED BY 312 MINISTERS OF GREATER ATLANTA

(Three hundred and twelve ministers and rabbis of the Greater Atlanta area, acting as individual citizens issued a statement on November 22, 1958, calling for the preservation of the public school system. Sixteen different denominations are represented among the signers.)

On November 3, 1957, a statement dealing with the racial crisis in the South. and signed by 80 Atlanta ministers, was released for publication. The fact that this statement, often referred to as "The Atlanta Manifesto," received widespread publicity through the secular and religious press, radio, and television, not only in the South but across the Nation and abroad, was an eloquent commentary upon the nature of the crisis in which we are involved and upon the failure of many of our leaders to confront the problems of our day in a spirit of realism.

Six principles set forth in this statement as essential to the solution of our problem may be summarized as follows:

1. Freedom of speech must at all costs be preserved.

2. As Americans and as religious leaders, we have an obligation to obey the law.

3. The public school system must not be destroyed.

4. Hatred and scorn for those of another race, or for those who hold a position different from our own can never be justified.

5. Communication between responsible leaders of the races must be maintained. 6. Our difficulties cannot be solved in our own strength or in human wisdom but only through prayer and in obedience to the will of God.

The months which have elapsed since the signing of that statement have been a period of deepening danger. The events of the recent past have been such as to call for growing concern on the part of all responsible citizens. In the light of these events, we are more convinced han ever of the fundamental truth of these six principles. It is abundantly clear that they cannot be ignored with impunity.

Because of our involvement in this situation, as citizens and religious leaders, it has seemed to many Atlanta clergymen that some further statement on their part is appropriate. Out of that conviction comes this second statement. Once more we speak as individual citizens of Georgia and of the United States, having authority to repersent no one other than ourselves. Once more we speak in humility and penitence. At the same time, we speak out of the deep conviction of our souls as to what is right. We believe some facts are now so clear as to throw additional light upon the problems which confront us.

I. It is clearer now than ever before that, at all costs, freedom of speech must be preserved. During the year which has past, it has not become easier to speak the truth concerning our situation. There are still forces which seek to deny freedom of thought and of expression to all who do not insist upon maintaining a rigid pattern of segregation. Economic reprisals, social ostracism, and even physical violence are constant threats to those who do not conform. Such threats strike at the very heart of democracy. As we insist upon the right of honest conviction-whether right or wrong-to be heard, we would pay tribute to the courageous individuals and groups in various walks of life who have insisted that our problem must be faced in a spirit of realism, of sanity, and of good will.

II. It is clearer now than ever before that we must obey the law. Those who insist that the decision of the Supreme Court on segregation in the public schools has no binding force do great injury to our people. The Supreme Court's interpretation of the Constitution has the effect of law in our country. It is possible for that Court to err, just as it is possible for Congress to enact bad laws. The citizens of our country have the right to work through legal processes to secure the correction of judicial errors or the repeal of undesirable legislation. They do not have the right to defy laws simply because they personally hold them to be unwise or harmful. A policy of obeying only those laws or those rulings of the Court with which we agree leads inevitably to anarchy. It is time for us to face to the fact that, under the ruling of the Supreme Court, made in the discharge of its constitutional authority, enforced segregation in the public schools, is now without support in, and contrary to, national law. At times in our history the church has opposed civil law in the name of the claims of the higher laws of God. However, we believe that the Constitution of the United States in its provisions for human rights in in accord with divine law, and we must, therefore, learn to live with and under the law.

We do not believe in the wisdom of massive integration and are sincerely opposed to the amalgamation of the races. We reaffirm our conviction that the integrity of each race should be maintained on a basis of mutual esteem and free choice, rather than of force. There are some areas in which some integration in schools at this time would be possible without insurmountable difficulty, as has already been demonstrated in certain sections of the South, while there are other areas where such integration would involve needless hardship and grave danger. We have the hope that if our leaders will offer evidence of good faith toward providing constitutional rights for all citizens the Federal Government will be willing to leave the working out of details in local hands. We believe it is possible under the ruling of the Supreme Court for States to take reasonable steps to comply with the law of the land and, at the same time, give due consideration to local situations and avoid an indiscriminate desegregation of the public schools.

III. It is clearer now than ever before that the public school system must be preserved: Many of our people have been led to believe that through some fictitious legal device we could close our public schools and still provide for public education through tax funds. Recent developments in Arkansas and Virginia serve to make it abundantly clear that any such hope is based solely upon wishful thinking. The choice which confronts us now is either the

end of an enforced segregation in public schools or no public schools whatever We are alarmed to note that many political leaders are apparently willing to offer no better solution than the closing of public schools and the destruction of public education in order to maintain what has been inappropriately described as "our sacred way of life." It is inconceivable that the South should deliberately destroy its dearly bought system of public education. The results of such actioz in the impoverishment of countless lives, in the loss to our section, even from a purely economic viewpoint, would be a tragedy of the first magnitude. It is no likely that the South would ever recover fully from the consequences of such action. Obviously, the closing of the public schools means a small and favored portion of our youth would be educated in private institutions, while the great majority, white and Negro, would receive no school training worthy of the name. No democratic society can tolerate that situation, nor do we believe our citizens wish to sacrifice the welfare of our youth.

In this connection we would voice an emphatic protest against any suggestion that church property be used as a means of circumventing the law of the Nation. The churches and synagogues owe a tremendous debt to the State and this we believe they would gladly repay in any legitimate way possible. There are times when the educational equipment of the churches should be offered to supplement the public school buildings in providing space for our growing school population, provided that the segregation of church and state shall always be recognized and maintained in such an agreement. We concur that churches and synagogues have the right, as they have always had, to engage as they may deem wise in educational enterprise in the interest of their constituencies. We believe, however, their facilities should not be offered nor demanded as a means for defying the constituted authority of our National Government.

IV. It is clearer now than ever before that hatred and scorn for those of another race, or for those who hold a position different from our own can never be justified. All hatred between races and groups within society carries with it the constant threat of violence and bloodshed, as has been evidenced by the bombing of churches, synagogues, and schools even while this statement was being prepared. Defiance of one law leads to disrespect for all law. We would call upon our political leaders scrupulously to avoid the type of inflammatory utterance which has characterized too many public pronouncements in recent months and to exert an influence for sanity, for justice, and for kindness. We believe that multitudes of voters in the South as in all America are far more prepared to respond to and support fairminded and statesmanlike attitudes and policies in political life than these men have realized. In any event, political power is by no means so important as to justify its attainment by the sacrifice of justice, of kindness, and of truth, and by the unleashing of these emotions which threaten the very life of our people.

V. It is clearer now than ever before that communication between responsible leaders of the races must be maintained. The time of danger is also the time of opportunity. It may well be that we are passing through that darkest hour which comes just before the dawn. Never has there been greater need than now for men of good will in both races to voice their convictions, to exert their influence, and to maintain open lines of communication. We are heartened by the intelligent concern and struggle of an increasing number of groups who are facing the issue and its implications. We are likewise heartened by the construc tive results which are coming from those lines of communication which do exist between the races.

VI. It is clearer now than ever before that our difficulties cannot be solved in our own strength or in human wisdom but only through prayer, obedience to God, and, and under His blessing: The situation which confronts us is one which calls for sincere penitence, for earnest prayer, for clear thought, and for courageous action.

Believing sincerely in the principles set forth in this statement, we therefore propose the following practical steps:

1. We appeal to our churches and synagogues to encourage and promote within their fellowship a free and intelligent discussion of the issues we confront. We believe such discussion should and would give careful consideration to the moral, spiritual, and legal aspects of the crisis we face in our beloved Southland.

2. We appeal to our community and State leaders to give their most creative thought to maintaining a sound public school plan. Such plan must be consistent with the law of the land, respect and preserve the rights of all citizens, and assure the preservation of our system of public education.

3. We request the appointment of a citizens' commission to preserve the harmony of our community. The public officials of our city have earned the tribute of the Nation for their refusal to condone violence and their efforts to realize worthy race relations. We believe that in the future the need will be great for the support of calm, intelligent public opinion. Atlanta possesses business, civic, educational, legal, political, and religious leadership of the quality to afford this support. We therefore request that representatives of this leadership from the races involved be formed into a citizens' commission to advise and assist in maintaining harmony and good will among all our citizens.

Every section of our State also possesses the same able leadership. We there fore believe that the appointment of a similar citizens' commission by the State administration would serve to preserve harmony among the citizens of Georgia. We call upon all citizens to unite with us in dedicating ourselves to the solution of our problems humbly, patiently, in a spirit of realism, and with God's help. Signed by:

Ackerman, Stephen W.; Adams, Hugh; Aiken, Paul; Albert, Allen D., Jr.; Alexander, James J.; Allen, Charles; Allen, L. Clyde; Allen, Reuben T., Jr.; Alston, Wallace M.; Anderson, F. S., Jr.; Anderson, Thomas; Arnold, Ernest J.; Arwood, J. C.

Baggott, J. L.; Ball, Raymond J.; Barnett, Albert E.; Barrett, W. H.; Bassett, Hunter J.; Beardslee, William A.; Beverly, Harry B.; Berman, Paul L.; Bell, Wade H., Jr.; Boggs, Wade H.; Bolton Jack G.; Booth, W. T.; Boozer, Jack: Bowen, Boone M.; Bowman, Keyes, Jr.; Bozeman, Jack R.; Branham, Lee; Brewer, E. D. C.; Broyles, Vernon S.; Brown, Robert E.; Brown, Walter E.; Buck, Raymond; Budd, W. Candler; Buice, Lester; Burns, Robert W.; Byrd, Ralph.

Cahill, Edward A.; Calhoun, Murdock McK.; Callaway, Chaudoin, 3d; Campbell, E. H.; Campbell, Norton, Jr.; Cannon, William R.; Cargill, E. C.; Carpenter, Cecil W.; Carter, W. G.; Cartledge, Samuel A.; Case, Russell A.; Caudill, O. V.; Cawthon, William L.; Chafin, Harry V.; Chang, Kwai Sing; Cheek, Carl R.; Claiborne, Randolph R., Jr.; Clark, Boswell J.; Clary, G. E.; Clements, Lamar; Cobb, Sam T.; Cohen, Joseph I.; Cole, C. G., Jr.; Cole, William H.; Coleman, Edwin C.; Colhoun, E. Dudley, Jr.; Cook, Walter G.; Corder, L. W.; Cowart, Walter C.; Craig, Kenneth P.; Crowe, Walter Miller; Cuthbertson, Rufus.

Davis, F. McConnell; Davis, Lewis C.; DeLozier, O. L., Jr.; Demere, Charles; deOvies, Raimundo; Derrick, C. K.; Dickson, Bonneau; Dimmock, Al; Donnell, Charles L. Doom, James L.; Drinkard, Eugene T.; Driscoll, Edward A.

Edwards, Charles E.; Ennis, P. C., Jr.; Epstein, Harry H.; Epting, Eugene L., Jr.: Esaias, John R.

Feely, O. Floyd, Jr.; Feldman, Emanuel; Fifield, Harry A.; Fleming, James P.: Floyd. Arva: Floyd, Emmett O.; Floyd, W. R.; Ford, Austin; Ford, J. T.; Foster, John N.; Freeman, Cook W.; Fry, Thomas A., Jr.; Fuhrmann, Paul T.; Fulmer, C. Luther, Jr.

Gailey, James H.; Garber, John A.; Garber, Paul Leslie; Gardner, E. Clinton; Gary, G. Robert; Gear, F. B.; Gibson, Arthur Vann; Grant, Monroe C.; Geren, William H.; Gerkin, Charles; Goe, W. Charles; Griggs, Joseph L.; Grier, Eugene M.; Grubb, Hugh M.; Guptill, Roger S.; Guthrie, F. C., Jr.; Gutzke, Manford George.

Hagood, Thomas W.; Hardman, Alfred; Harper, Marvin; Harris, Albert G., Jr.; Harris, C. L.; Harris, D. D.; Hartzopoulos, Harry; Hawkins, Ralph B.; Hazelwood, W. James; Herdon, J. Emmett; Hite, B.: Hodges, Bob; Holmes, Thomas J.; Holt, Joseph W.; Hope, Montague H.; Howell, W. I., Jr.; Huckaby, Louie F.; Huie, Wade P.; Hyde, Herbert E.

Jackson, Arthur; James, D. Trigg; Jefferson, Hugh M.; Johnson, J. T.; Johnson, James V., Jr.; Jones, Bevel; Jones, Henry H.; Jordan, C. Ray.

Kellum, E. Owen, Jr.; Kilpatrick, Ebb G., Jr.; Kirkpatrick, Dow; Kline, C. Benton.

Laird. Sam L.; Lance, John M.; Landiss, William; Lantz, J. Edward; Laughlin, John C.; Lawrence, J. B.; Lehman, J. Edward; Lee, Robert E.; Legerton, Fitzhugh M.; Libby, Robert M. G.; Lieberman, Alvin C.; Lightbourne, James; Lind, John Blix; Littell, Frank H.; Long, Nat G.; Lovin, Charles W.

Mallard, Cyrus S., Jr.; Mallard, William; Manley, W. Clay; Manning, Norman P., Jr.; Martin, Marcus R.; May, James W.; McClain, Roy O.; McCullough, Gordon McDill, Thomas H.; McElyea, Homer C.; McIlhany, B. A.; McKee, Hugh; McMains, Harrison; McNeil, James H.; Meadow, G. Merrill; Middlebrooks, C. L., Jr.; Mill, Robert W.; Miller, P. D.; Milligan, Max; Minor, Harold

W., Jr.; Minter, P. M.; Mitcham, Harry; Mitchell, George T.; Moore, James M., Jr., Moore, Willard P.; Moorhead, Frank; Mossman, Sydney K.; Moulder, Wilton A.; Mounts, William C.; Murphy, W. Y.

Newton, William E.; Niager, Roy; Nolting, Fred L.

Obert, Leroy C.; Oglesby, Stuart R.; Oliver, Y. A.; Ozment, Robert. Patton, J. G., Jr.; Patty, John C.; Paulk, Earl F., Jr.; Pettway, Roy; Philips, J. Davison; Phillips, J. R.; Pierson, Marion; Prussner, Frederick C.; Pippin, George; Pritchard, Claude H.; Pugh, R. Quinn.

Ray, Archie C.; Renz, Paul J.; Richards, Ellis H.; Richards, J. McDowell; Riddle, James H.; Riegel, Robert G.; Roberson, Jesse J.; Roberts, Joe A.; Rob inson, William C.; Roebuck, Floyd E.; Rogers, Thomas; Roosa, William V.; Ross, Frank M.; Roper, Charles M.; Rothschild, Jacob M.; Rudisill, E. D.; Rumble, Lester; Runyon, Theodore, Jr.

Sadler, John H.; Sanders, Walter E.; Sandifer, C. L.; Saussy, Hugh, Jr.; Scarborough, C. E.; Schroeder, Victor J.; Schwab, Charles F.; Scott, E. C.; Scott, H. Allen; Sells, James W.; Shands, O. Norman; Shelnutt, D. B.; Shelnutt, Fred G.; Sheppard, H. Augustus, Jr.; Sherman, Cecil; Sisson, Rembert; Smith, Clyde E.; Smith, George H.; Smith, Harvey; Smith, Herbert H., Jr.; Smith, Homer G.; Smith, Leon; Smith, W. Arnold; Smith, W. Ches, III; Smith, W. Thomas; Sneed, Wilson W.; Snyder, Lloyd H., Jr.; Sosebee, James W.; Speers, B. C., Jr.; Stender, William H.; Stephens, John C., Jr.; Stephens, Wesley; Stokes, Mack B.: Strange, Russell L.; Strickland, W. Earl; Stuart, James G.; Stucke, Clarence H.; Suhr, Karl F.; Sullins, Walter R., Jr.; Swilly, Monroe F., Jr.

Tate, J. W.; Thompson, Cecil; Thompson, Claude H.; Thompson, Gordon; Thomson, J. G. S. S.; Tisdale, Harry; Trimble, H .B.; Turner, Herman L. Van Landingham, L. F.; Vaught, James B.; Verdery, E. A.

Waldrop, Glen G.; Walthall, David B.; Wardlaw, Hubert G.; Warner, Jack, Jr.; Webb, W. Guy; Weber, Theodore R.; Welden, James; Wellman, Wendell: Werner, Leslie D.; West, George A.; Westermann, Ted D.; Whitfield, William J.; Wilbanks, Oliver C.; Williams, Allison; Williamson, Ralph L.; Williamson, Thom; Wilson, Eugene T.; Wise, Tilman Newton; Wohlgemuth, Paul F.; Womack, John Lee; Wood, Milton L., Jr.; Wood, Thomas M., III; Wootan, Harry P., Jr.; Wootan, Harry P., Sr.; Woodward, H. Travis; Worley, Paul; Wright, George R.

Zinser, Henry A.; Swold, Harold D.

EXHIBIT E TO STATEMENT OF SENATOR DOUGLAS

[From the New Republic, Jan. 26, 1959]

THE SEGREGATIONISTS GO NORTH

By Helen Fuller

The States of the Deep South are shifting their strategy of "massive resistance" from defense to attack. They will lose their leader, Virginia Governor Almond, on January 19 (Robert E. Lee's birthday) if the courts, as expected, on that day declare void the laws Virginia passed to evade the 1954 decision desegregating the public schools. But the six remaining Confederate States which have refused to take even one step toward compliance with the 1954 Court order are resolved not to go Virginia's way without much more of a struggle. There is plenty of fight left in the Eastlands, the Russells, the Talmadges, and the young fire-eating Governors of Alabama and Georgia. And they are now about to take the battle into enemy territory. A second battle of Gettysburg is about to begin, this one to be fought with the techniques of phychological warfare. aimed at the public outside the South, the Congress and conservative leaders in both major political parties. Object: to win sympathy for the segregationist view behind the enemy lines, support for curbing the powers of the Supreme Court by law, and agreement to nullify the new Reconstruction of 1954 as the Compromise of 1877 nullified Reconstruction before.

The first task-making common cause with new allies outside their region— the new Confederates approach with great zest, for most of them sincerely be lieve that down inside most people outside the South feel toward the Negro about the way southerners do. The trouble, they feel, is that the average person above the Mason-Dixon line doesn't understand how fair and kind-how separate but equal-the South is willing to be. The misunderstanding comes, they