Word: ervine
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...Robert S. Kerr, Oregon's Wayne Morse, South Carolina's Olin D. Johnston and Strom Thurmond, Virginia's Harry Flood Byrd and A. Willis Robertson, and Wyoming's Joseph C. O'Mahoney. Paired against the bill: North Carolina's Sam J. Ervin...
...House sat as a Committee of the Whole to debate civil rights, Smith issued a two-part order of the day. His 100 Southern Congressmen were to concentrate fire behind an amendment calling for jury trials in contempt cases-a device of North Carolina's Senator Sam Ervin Jr. that would effectively gut the bill while piously pretending to preserve venerable jury-trial rights (TIME, May 6). They were to fight the battle with calmness and consideration, said Smith...
Gone with the Jury. It is on an issue developed by North Carolina's respected Democratic Senator Sam Ervin Jr., onetime judge on his state's Supreme Court, that the Southerners have built their first line of defense. As a member of a Judiciary subcommittee conducting hearings on the civil rights bill, Ervin began asking questions about "the abolition of trial by jury." This, he argued, would result from the civil contempt citations against persons disobeying the courts' injunctions under the new bill. It would, cried Ervin, be a "tragic error to attempt the protection of civil...
...Ervin's trial-by-jury slogan was taken up by Southern newspapers. Indeed, the issue worried many who were otherwise friendly to civil rights. Yet the contempt citation is the judiciary's historic enforcement tool. Jury trials in contempt cases have absolutely no basis in equity or constitutional law and precious little legislative sanction.* As early as 1894, the Supreme Court wrote: "Surely it cannot be supposed that the question of contempt of the authority of a court of the U.S., committed by-a disobedience of its orders, is triable, of right, by a jury." North Carolina Supreme...
...Opening Salvos. Yet Sam Ervin's trial-by-jury issue has already come to dominate the civil rights fight, principally because the slogan can easily outrun the difficult and technical counter-explanation. It has so strengthened the Southern position that civil rights backers may find it impossible to obtain the 64 votes necessary to cut off a Senate filibuster. The Southerners are within shooting distance of a Senate majority for an amendment that would require jury trials in civil rights contempt cases; Wyoming's Democratic Senator Joseph O'Mahoney has announced his support of such an amendment...