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Collection Title: United States of America vs. Theron C. Lynd, Registrar of Voters for Forrest County, Mississippi - Legal case

Collection Number: M 27

Dates: 1961-1967

Volume: 4.95 cu.ft.

Provenance: Materials in this collection were donated by M.M. Roberts in 1978.

Copyright: This collection may be protected from unauthorized copying by the Copyright Law of the United States (Title 17, United States Code).

Biographical/Historical Sketch:

During the Civil Rights Movement of the 1960s, the U.S. Justice Department attempted to eradicate voter discrimination against blacks in the South. The government sued voter registrars in the states of Florida, Alabama, Georgia, Louisiana, and Mississippi under the Civil Rights Acts of 1957 and 1960.

On August 11, 1960, the United States Government formally requested Theron Lynd, the Circuit Clerk and Registrar of Voters for Forrest County, Mississippi, to open his registration records to federal inspectors for examination and photocopying in compliance with Title III of the Civil Rights Act of 1960. Lynd refused to submit to the government's wishes and on January 19, 1961, the government filed for an enforcement proceeding in federal district court to require Lynd to disclose his records. This attempt also proved ineffective and in July 1961, the United States Department of Justice officially filed suit against Lynd claiming he and his office had routinely infringed the civil rights of blacks in Forrest County by denying them the right to vote in violation of federal law 42 United States Code Annotated section 1971(a).

Between March 5-7, 1962, an injunction hearing was held in Federal District Court under Judge Harold Cox. The government brought forth a number of witnesses in an attempt to demonstrate that voter discrimination against blacks occurred in Forrest County and to compel Lynd to disclose his voter registration records. The trial court concluded that discrimination did exist but neither granted nor denied the plaintiff's request for a preliminary injunction. Most importantly, the court ordered Lynd to turn over his voting records of both black and white applicants to the government. The Justice Department then appealed Judge Cox's decision of not ruling on a request for a preliminary injunction to the 5th Circuit Court of Appeals meeting in Houston, Texas.

The 5th Circuit Court of Appeals meeting in New Orleans, Louisiana, consisting of Judges Elbert E. Tuttle (Chief Judge), John M. Wisdom and J.C. Hutcheson, ruled on April 10, 1962, that the trial court's decision to neither grant nor deny a request for a preliminary injunction in effect equated with denying the request altogether. The 5th Circuit then issued an injunction requiring Lynd to cease discriminatory practices. The appellate court did not address the merits of the case, only the matter related to the injunction, U.S. vs. Lynd, 301 F.2d 818 (1962). Lynd's attorneys then appealed to the United States Supreme Court asking the high court to reverse the 5th Circuit's decision and to rescind the injunction. However, on November 5, 1962, the Supreme Court denied certiorari, thereby declining to review the 5th Circuit's decision. Thus the temporary injunction requiring Lynd to end voter discrimination practices against blacks was sustained, Lynd vs. U.S., 371 U.S. 893 (1963) cert. denied.

While the temporary injunction case worked its way through the federal court system, the government again filed suit against Lynd for allegedly ignoring the injunction order handed down by the 5th Circuit. On May 2, 1962, a process server delivered to Lynd papers compelling him to appear in court and show cause why he should not be held in both civil and criminal contempt. After setting a trial date, the 5th Circuit held an unprecedented special trial in Hattiesburg in front of Judges Griffin Bell, John M. Wisdom, and John Brown. The trial lasted from September 17-21, 1962, and the government entered into evidence 15,000 photographs gathered by the F.B.I. Fifty-one witnesses testified and final arguments lasted five hours.

After receiving written arguments from both sides in the case, the 5th Circuit decided on July 15, 1963, that Lynd failed to comply with the preliminary injunction and found him guilty on civil contempt charges. The 5th Circuit concluded that Lynd must follow the court's order and end discrimination completely as well as to specifically: (1) register 43 blacks previously rejected as unable to pass the state requirement test; (2) cease giving blacks more difficult tests than whites; and (3) allow federal inspectors to examine voter registration records. The court withheld decision on the criminal contempt charges pending a decision by the Supreme Court in the case of United States vs. Barnett, 376 U.S. 681 (1963), which addressed the same question of law as to whether or not a public official may be tried on criminal charges in the absence of a jury. The Supreme Court later decided in a controversial 5-4 split decision that public officials could be tried without a jury and hence the Justice Department could pursue the criminal contempt charges against Lynd.

Lynd became the first southern voter registrar to be held in violation of charges of discrimination under the Federal Civil Rights Act of 1957 - 1960. On July 22, 1963, Lynd's attorneys filed a petition for a rehearing on the case before all nine judges of the 5th Circuit. After the judges declined to review the case en banc, an appeal was made to the United States Supreme Court who subsequently refused to grant certiorari Lynd vs. United States, 375 U.S. 968 (1963) cert. denied. In accordance with his attorney's advice, Lynd made every effort to try and follow the court's order.

Nonetheless, the Justice Department sought a permanent injunction against Lynd on the grounds that he had continued to discriminate against negro voters. On April 14, 1964, a trial was held in District Court before Judge Harold Cox which lasted for two days. The government produced some forty witnesses and entered copies of application forms into evidence to support their claim that Lynd had not complied with the 5th Circuit's temporary injunction. Theron Lynd testified on his own behalf. After almost a year and a half, Judge Cox issued a permanent injunction in February 1965, in compliance with the Fifth Circuit's mandate to do so.

Finally, in 1967, the Justice Department concluded that Lynd had ceased voter discrimination and decided not to pursue the case any further. In addition, the Justice Department agreed to the defense's motion to dismiss the criminal contempt charges which had been held in abeyance since 1962. After more than six years of strenuous litigation, voter discrimination in Forrest County, Mississippi, came to an end.

Theron C. Lynd was born on May 30, 1920, in Moss Point, Mississippi. Lynd moved with his family to Hattiesburg when he was only three years old and attended local public schools. Upon graduation from high school and after receiving a B.S. degree in business administration from Mississippi State, Lynd joined his father in private business. He started his own business in 1958 known as Hattiesburg Typewriter Company, which he sold upon election to the office of Forrest County Circuit Clerk in 1959. He replaced Luther Cox, who died in office. Lynd married Ms. Miriam Howell of Hattiesburg, but did not have any children. Lynd's community activities included the Forrest County Citizen's Council, Optimist Club and the Chamber of Commerce. In his spare time he enjoyed fishing. Lynd died of heart failure in 1978, while serving his 5th term in office.

Malcomb Mettie (M.M.) Roberts served as lead counsel for Theron Lynd. He was born on October 24, 1895, in northeast Jackson County, Mississippi. He attended a one teacher school for his first eight grades and graduated from Mississippi Normal College (now the University of Southern Mississippi) in 1917. After serving in the navy during World War I, he earned his B.S. with honors from Mississippi State College (now Mississippi State University) and thereafter received his L.L.B. (1926) and J.D. (1968) from the University of Mississippi. In addition, Dr. Roberts received an Ed.D. from the University of Southern Mississippi (1964) and a M.A. degree from Peabody College (1931).

Dr. Roberts began practicing law in Hattiesburg in 1926 and continued in that capacity for fifty-six years. He served as president of the Forrest County Bar Association (1952-1953), the Mississippi Bar Association (1956-1957), and was a member of the Board of Trustees of Institutions of Higher Learning (1960-1972). He was a member of the Century, Big Gold, and Hardwood Clubs at the University of Southern Mississippi. Upon his death in 1982, Dr. Roberts willed U.S.M. one-hundred forty-two acres of land in Ragland Hills south of Hattiesburg along U.S. Highway 98. M.M. Roberts is buried in Oaklawn Cemetery located on Hardy Street in Hattiesburg.

Scope and Content:

This collection consists of approximately five cubic feet of legal files kept by M.M. Roberts in the case of United States Department of Justice vs. Theron Lynd. The collection is arranged for the most part by subject, but cannot be clearly divided into separate series. The original arrangement dictated by Mr. Roberts was preserved as much as possible.

Due to the legal complexity of this collection, an overview of the federal court structure and the definition of a few legal terms will aid the researcher greatly. First, the Lynd case primarily involves federal legislation passed by the United States Congress and touches very little on matters concerning Mississippi law. This means that litigation took place in the federal court system, and not in the Mississippi court system. The federal system is divided into three main tiers consisting of the District Court, the Circuit Court of Appeals and the United States Supreme Court. The District Court is where the actual trial in the case takes place. The parties involved in the suit at the trial level are referred to as the plaintiff and defendant. The loser in the District Court has the option of appealing to one of the thirteen Circuit Courts of Appeal. The Lynd case was appealed to the Fifth Circuit. On appeal, the winner from the trial court is called the appellee or respondent, while the loser is called the appellant, and is the party making the appeal. If the loser at the appellate level is not satisfied with the Circuit Court's ruling, he/she has the option of filing a writ of certiorari with the United States Supreme Court. A writ of certiorari is a request made by the appellant to have the Supreme Court hear the case, which can be in the form of either written briefs, oral arguments, or both. If the Supreme Court denies certiorari then the Circuit Court's decision is upheld without question. If the Supreme Court grants certiorari and hears the case, then the Court may either uphold or overrule the Circuit Court's decision. The decision made by the United States Supreme Court is final.

While this collection cannot be clearly divided into distinct series, there are several general groupings of material. Boxes 1 and 2 deal mostly with the case at the District Court level, while Boxes 3 through 12 cover the activities which took place in the Fifth Circuit Court of Appeals. The vast majority of documents in the collection are motions made by either Lynd's attorney's or the Justice Department. Other pertinent materials include transcripts of proceedings, correspondence and orders rendered by the District and Circuit courts.

Box 1 contains cases from other parts of the country that deal with voter discrimination. These cases originated in the states of Georgia, Alabama, and Louisiana, as well as other counties in the state of Mississippi. The constitutionality of Title III, Civil Rights Act of 1957 and 1960, relating to the inspection, reproduction and photocopying of records, is the main issue addressed in these cases. The District Court judges in these cases consistently upheld the validity of Title III. Box 1 also includes a direct examination of Theron Lynd at a hearing held in Hattiesburg, and a photocopy of the Service of Notice to Produce Records for Inspection, Reproduction and Photocopying delivered to Lynd.

Box 2 contains materials relating to the Lynd case which took place at the district court level. These documents include the Justice Department's amended complaint, notes made by M.M. Roberts, a motion by the defense for An Extension of Time in Which to Plead, a copy of the judge's Order Granting an Extension of Time in Which to Plead or Defend the Law Suit, a motion for a More Definite Statement, a copy of the injunction against Theron Lynd to temporarily stop voter discrimination and a notice of Motion and Motion for Production of Records, Documents and Papers Under Rule 34 of the Federal Rules of Civil Procedure. Other miscellaneous items in this box include a "Washington Report" from Mississippi's representative to the United States Senate, John Stennis, and a copy of the court order regarding Rule 34 against Lynd and A.L. Ramsey, Registrar of Clarke County, Mississippi

Box 3 contains documents dealing with the activities which took place in the Fifth Circuit Court of Appeals. These materials include copies of the writ of certiorari filed with the Fifth Circuit, briefs filed by Lynd's attorneys and the Justice Department, a petition for rehearing, a notice of appeal, a motion for an injunction, and a court reporter's transcript of proceedings that took place before the court. This box also includes extensive memoranda relating to various points of law concerning both procedure and the merits of the Lynd case. These memos discuss the federal court's jurisdictional authority, the power of a district court judge to grant a defendant immunity from criminal contempt charges, support for a preliminary injunction and the guidelines to be followed by appellate courts in cases involving contempt. In addition, Box 3 contains The Ruling of the District Court on March 5, 1962, concerning immunity from prosecution, a notice of taking oral deposition and an order by the trial court to require Lynd to allow the government to inspect and copy certain records.

Box 4 is a continuation of the materials relating to activities before the Fifth Circuit. These include a Notice of Application to Show Cause, an official copy of the Justice Department's brief, the opinion rendered by the court, the Fifth Circuit's ruling on a Motion for an Injunction Pending Appeal and an order by the Fifth Circuit enjoining Lynd from engaging in discriminatory practices against blacks. In addition, this box includes notes by M.M. Roberts, a newspaper article by Theron Lynd dated April 16, 1962, and the Plaintiff's Proposed Findings of Fact, Conclusions of Law, and Decree. However, the most important part of this box is an eight part notebook concerning illegal voter registration by Theron Lynd. The Justice Department compiled this notebook in an attempt to demonstrate that Lynd did engage in voter discrimination.

Box 5 contains materials that deal primarily with a series of motions filed on behalf of the defendant. These motions are the Motion to Quash, a Motion for a More Definite Statement, a Motion For an Extension of Time Within Which to Plead, a Motion by Lynd to Dismiss, a Motion to the Plaintiff to Vacate Order of the District Court, a Motion to Amend the Petition for Prosecution, a Motion for Production for Discovery and Production of Documents and a Motion by Defendant to Exclude Testimony Offered by the Government. Contained in folder 13 is the court's order regarding these motions. The other important portion of this box is a two part demonstrative notebook filed on behalf of the Plaintiffs. This notebook consists of statistics and illustrations that demonstrate the discriminatory grading contained in the application forms taken at Lynd's office.

Box 6 addresses a number of issues related to the case. Among the most important items in this box are cases dealing with self-incrimination, memoranda addressing the question of immunity and criminal contempt charges, a motion by the defense to Quash a Writ of Subpoena Duces Tecum requiring Lynd to appear incourt with his records and testify, and a copy of the Petitioner's Proposed Findings of Fact, Conclusions of Law and Judgments and Orders. Additional items of significance include folders on matters relating to the Mississippi Constitution and Mississippi statutes as well as constitutional provisions concerning voter registration in Mississippi. Box 6 also contains a list of the persons interviewed by the F.B.I. in the process of investigating Lynd's office as well as a copy of the brief filed by the appellee before the Fifth Circuit and a copy of the oral arguments made before the court.

Box 7 contains a Petition for Rehearing Before the Full Court, asking all nine members of the Fifth Circuit Court of Appeals to hear the case with the hope of reversing the regular three judge panel. Also in this box are an application for registration for Forrest County, Mississippi, and examples of what the Justice Department claims are evidence of Lynd's discriminatory grading practices. The last item in the box is a copy of the second writ of certiorari filed with the United States Supreme Court, which was subsequently denied.

Box 8 contains Forms of Rejected Negroes Who the Justice Department Claims Should Be Registered. This book lists the names of people who attempted to register but were denied because they failed to pass the voter examination. The book is a key piece of evidence in the Justice Department's argument. Box 8 also contains a list of the applicants, both black and white, who registered to vote, as well as a Motion to Stay Proceedings or to Remand Same to the United States District Court, a Notice of Request and Request to Admit Truth of Facts Under Rule 36, a Petition For Further Orders to Secure Compliance with and to Prevent Obstruction of the Judgment and Orders of the Circuit Court of Appeals. An additional document worth noting is an opinion by federal Circuit Judge Ben Cameron upholding the validity of various Mississippi registration statutes.

The only significant document in Box 9 is a two volume Record On Appeal filed in the Fifth Circuit Court. The record is one of the largest documents in the collection and is a typed transcript of the oral arguments that took place during the hearing.

Box 10 contains a variety of materials dating between 1962 and 1965. Some of the files in this box include affidavits, a Petition for Rehearing filed by Lynd, the District Court's order for an extension of time for filing the record on appeal and docketing the appeal, the Brief of the Respondents, a statement by Lynd regarding the litigation, a Notice of Appeal and Judgement, a report filed by Lynd certifying compliance with the Court's order, and a copy of Judge Harold Cox's order issuing a permanent injunction against Lynd. Box 10 also contains the Opinion Rendered by the Fifth Circuit Court of Appeals, a Judgment and Order for Civil Contempt and a group of charcoal sketches made during the Lynd trial.

Box 11 is a continuation of the documents in box 10, and focuses primarily on the activities by the Fifth Circuit Court of Appeals. These documents include the Findings of Fact, Conclusions of Law in the Proceeding for Civil Contempt, an Order on the Proceedings in Criminal Contempt, the Judgment and Mandate, as well as the Order relating to Civil Contempt. The single largest portion of this box is seven folders of correspondence between M.M. Roberts and Francis Zachary, Theron Lynd, John Doar of the Mississippi Attorney General's office and a number of other different attorneys, particularly those in the Justice Department in Washington, D.C.

This collection is valuable to anyone looking for information about the Civil Rights Movement in the 1960s, litigation involving voter registration in the South, controversy surrounding Title III of the Civil Rights Act of 1957 and 1960, and the voting rights of blacks.

Box and Folder List:

Box 1  
Folder 1 Civil Action Number 2262, United States vs. Harrison County , Mississippi.
Folder 2 Brief of Counsel for Defendants, United States vs. James G. Raines. Georgia voter discrimination case.
Folder 3 Federal Court decisions upholding the validity of Title III, Civil Rights Act of 1960.
Folder 4 Minute book , United States vs. The Association of Citizens Council of Louisiana, Inc.
Folder 5 In Re Crum Dinkins: Alabama voter registration case.
Folder 6 In Re Crum Dinkins: Alabama voter registration case - transcript of record.
Folder 7 Brief on Behalf of Appellees, Payne vs. Campbell - Mississippi Supreme Court case.
Folder 8 17th Judicial Circuit, Alabama , State of Alabama Ex Rel MacDonald Gallion.
Folder 9 Civil Action Number 479-E, United States vs. Alabama : Registrars of Macon County.
Folder 10 H.D. Darby vs. James Daniel, Circuit Clerk of Jefferson Davis County - Voter discrimination case.
Folder 11 In Re Mrs. Walter Lewis - Registrar of Elections - Bolivar County , Mississippi - Relating to Title III - Civil Rights Act of 1960.
Folder 12 Report Number 956, House of Representatives, Civil Rights, 86th Congress, relating to Title III - Federal Election Records.
Folder 13 Service of Notice on M.M. Roberts and Theron Lynd.
Folder 14 Photocopies of Service of Notice.
Folder 15 Direct examination of Theron Lynd.
Folder 16 Motion of Defendant to Remand this Cause to the Files or Suspend the Proceedings Herein, or Dismiss Same as Abated.
   
Box 2  
Folder 1 Separate Motions of the Defendant, The State of Mississippi.
Folder 2 Notes of M.M. Roberts.
Folder 3 Affidavit Relating to Postponement of Hearing Relating to Plaintiff's Motion for Production Under Rule 34, F.R.C.P. and for Extension of Time Within Which to Plead.
Folder 4 Copy of Order Granting Extension of Time in Which to Plead or Defend in the Law Suit.
Folder 5 Plaintiff's Amended Complaint.
Folder 6 Order Proposed by the Plaintiff
Folder 7 Motion for Extension of Time in Which to Plead.
Folder 8 Notice of Motion and Motion for Production of Records, Documents and Papers Under Rule 34, F.R.C.P.
Folder 9 United States vs. A.L. Ramsey, Theron Lynd - Hearing on Motion Under Rule 12(e).
Folder 10 Injunction to Theron Lynd, District Court Injunction.
Folder 11 United States vs. Theron Lynd - Amended Complaint.
Folder 12 Motion for More Definite Statement.
Folder 13 Washington Report from United States Senator John Stennis.
Folder 14 Notice on Motions to Strike and For a More \ Definite Statement.
Folder 15 United States vs. Theron Lynd vs. A.L. Ramsey Court Order.
Folder 16 United States vs. Theron Lynd court documents. Includes dictaphone record.
   
Box 3  
Folder 1 Briefs, Lynd vs. Robert Kennedy, Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.
Folder 2 Brief for Appellant - United States vs. Theron Lynd - Fifth Circuit Court of Appeals.
Folder 3 Kennedy vs. Lynd - Reply Brief for Appellant to the United States Court of Appeals for the Fifth Circuit.
Folder 4 Kennedy vs. Lynd - Petition for Rehearing - For the Fifth Circuit Court of Appeals.
Folder 5 Kennedy vs. Lynd - Brief for Appellee - For the Fifth Circuit Court of Appeals.
Folder 6 United States vs. Lynd, Proceedings in Civil Contempt - Brief for Petitioner - Appellant - For the Fifth Circuit Court of Appeals.
Folder 7 United States vs. Lynd - Amended Designation of Contents of Record.
Folder 8 Amended Designation of Contents of Record.
Folder 9 Ruling of the District Court on March 5, 1962.
Folder 10 Motion of Defendant, Theron Lynd to Quash Subpoena Duces Tecum.
Folder 11 Amended Complaint as Deleted by a Court Order Striking All Incidents Antedating February 29, 1959.
Folder 12 Memorandum describing the procedures to be followed in contempt cases at the appellate level.
Folder 13 Brief in Support of Petitioner's Proposed Findings of Fact, Conclusions of Law, and Judgments and Order.
Folder 14 Memorandum in Support of the Petition for and Injunction.
Folder 15 Petitioner's Reply Brief.
Folder 16 Petitioner's Trial Brief.
Folder 17 Notice of Motion and Motion for Preliminary Injunction.
Folder 18 Notice of Appeal and Designation of Contents of Record.
Folder 19 Designation of Contents of Record.
Folder 20 Motion to Amend Plaintiff's Motion for a Preliminary Injunction.
Folder 21 Amendment to Complaint.
Folder 22 District Court Order Requiring Lynd to Allow Government to Inspect and Copy Certain Records.
Folder 23 Notice of Taking Oral Deposition.
Folder 24 Motion by Lynd to Exclude Testimony and Find For the Defendant on Criminal Contempt Charges.
Folder 25 Memorandum Brief - Concerning Federal Court's jurisdictional authority.
Folder 26 Memorandum of Law relating to maintaining voter registration records and power of District Judge to grant immunity from criminal contempt charges.
Folder 27 Notes made by M.M. Roberts.
Folder 28 Notice of Appeal.
Folder 29 Order Relating to the Motion for Injunction Pending Appeal.
Folder 30 Motion for an Injunction Pending Appeal or in the Alternative for a Writ of Injunction.
Folder 31 Defects in Applications for Registration which District Court Ordered Lynd to Reconsider.
Folder 32 United States vs. Lynd - Court Reporter's Transcript of Proceedings.
Folder 33 United States vs. A.L. Ramsey - Registrar for Clarke County , Mississippi - Appeal to the Fifth Circuit Court or Appeals.
   
Box 4  
Folder 1 Notice of Application for Order to Show Cause.
Folder 2 United States vs. Victor Atkins - Registrar for Dallas County , Alabama - Appeal to the Fifth Circuit Court of Appeals.
Folder 3 United States vs. Lynd - Brief for Appellant - Appeal to the Fifth Circuit Court of Appeals.
Folder 4 United States vs. Lynd - Appeal to the Fifth Circuit Court of Appeals.
Folder 5 Lynd vs. United States - Petition for Writ of Certiorari to the United States Supreme Court - Brief of the United States in Opposition.
Folder 6 Notes made by M.M. Roberts.
Folder 7 Fifth Circuit's Ruling on Motion for an Injunction Pending Appeal.
Folder 8 Newspaper Article by Theron Lynd on April 16, 1962.
Folder 9 Fifth Circuit's Order Enjoining Lynd From Engaging Discriminatory Practices Against Blacks.
Folder 10 United States vs. Lynd - Plaintiff's Proposed Findings of Fact, Conclusions of Law, and Decree.
Folder 11 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 1 of 8.
Folder 12 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 2 of 8.
Folder 13 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 3 of 8.
Folder 14 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 4 of 8.
   
Box 5  
Folder 1 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 5 of 8.
Folder 2 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 6 of 8.
Folder 3 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 7 of 8.
Folder 4 Notebook Concerning Illegal Voter Registration by Theron Lynd - Part 8 of 8.
Folder 5 Kennedy Inspects Lynd Records, Application of Robert Kennedy.
Folder 6 Fifth Circuit's Order Requiring Lynd to Appear in Court and Show Why He Should Not Be Held In Criminal Contempt.

Folder 7

District Court Order Relating to Application filed by Kennedy.
Folder 8

Opposition to Motion For Preference.

Folder 9 Memorandum relating to Motion For More Definite Statement and Motion to Dismiss Title III as Unconstitutional.
Folder 10 Motions By Lynd - Motion to Quash, Affidavit, Motion For a More Definite Statement and Title III is Unconstitutional.
Folder 11 Notice by Attorney General of Mississippi to Set Motion For Hearing and Motion of Defendant For Extension of Time Within Which to Plead.
Folder 12 Memorandum in Opposition to Motion For Extension of Time Within Which to Plead.
Folder 13 Order by District Court substituting Robert Kennedy as Attorney General in Lynd Case.
Folder 14 Amended Designation of Contents of Record.
Folder 15 Transcripts of Proceeding.
Folder 16 Motion by Defendant to Dismiss Because the Demand Made Upon Defendant Does Not Comply with the Requirements of Sections 301 and 303 of the Civil Rights Act of 1960.
Folder 17 Decision of District Court on Lynd's Motions.
Folder 18 Affidavit of Theron Lynd.
Folder 19 Defendant's Motion for a More Definite Statement.
Folder 20 Demonstrative Notebook of Petitioner - Appellant - Par
Folder 21 Lynd vs. United States - Petition for Writ of Certiorari to the United States Supreme Court.
Folder 22 United States vs. Lynd - Brief of Appellees.
Folder 23 Copy of "We Who Love the Law" by Charles Bloch.
Folder 24 Order to Show Cause to Theron C. Lynd.
Folder 25 Memorandum Dealing with Procedures to be Followed in the Trial of Contempt Cases by an Appellate Court.
Folder 26 Petition for Rehearing Before the Fifth Circuit Denied.
Folder 27 Motion by Plaintiff to Vacate Order of District Court Overruled.
Folder 28 Memorandum of Authorities in Opposition to Plaintiff's Motion to Vacate the Court's Order.
Folder 29 Letter From the Clerk of the Fifth Circuit Court of Appeals.
Folder 30 Notice of Motion for Production of Records, Documents and Papers Under Rule 34.
Folder 31 Argument and Points of Law.
Folder 32 Pre-trial order from Fifth Circuit Court of Appeals.
Folder 33 Order by Fifth Circuit requiring a hearing in the form of a pre-trial conference.
Folder 34 Motion to Amend the Petition for Prosecution, Adjudication and Punishment of Theron C. Lynd for Criminal Contempt of Court.
Folder 35 Letters relating to Motion to Amend the Petition for Prosecution of Theron C. Lynd for Criminal Contempt of Court.
Folder 36 Order relating to criminal contempt.
Folder 37 Motion for Extension of Time Within Which to file Appellee's Brief.
Folder 38 Defendant's Request for a jury trial if criminal contempt charges are pursued and other related motions.
Folder 39 Fifth Circuit Response to Motions by Defense Concerning Criminal Contempt Charges, Injunction Pending Appeal, Motion for Severance and Motion for Jury Trial.
Folder 40 Subpoena to Produce Document or Object.
Folder 41 Motion to Quash and/or Objection to "Subpoena to Document or Object."
Folder 42 Motion for Discovery and Production of Documents.
Folder 43 Petition for Rehearing.
Folder 44 Notes on Grover L. Bryant.
Folder 45 Answer Filed by Defendant.
Folder 46 Memorandum Dictated by Mr. Dudley W. Conner.
Folder 47 Notes of M.M. Roberts.
Folder 48 Motion by Defendant to Exclude Testimony Offered by the Government.
Folder 49 District Court's ruling on admissibility of evidence.
Folder 50 Petitioner's Brief in Opposition to Respondent's motion.
   
Box 6  
Folder 1 Petitioner's Proposed Findings of Fact, Conclusions of Law, and Judgments and Order.
Folder 2 Memorandum of Law relating to immunity.
Folder 3 Outline of Proposed Findings of Fact.
Folder 4 Brief in Support of Petitioner's Proposed Findings of Fact, Conclusions of Law, and Judgments and Order.
Folder 5 Letter regarding corrections in brief.
Folder 6 Notice of Motion for Enlargement of Time Within Which to File Proposed Findings o Fact and Brief, Time Having Expired.
Folder 7 Order Extending the Time For Filing Proposed Findings and Briefs in Support Thereof.
Folder 8 Statements by Voter Applicants.
Folder 9 United States vs. Lynd - Newspaper Articles.
Folder 10 Motion to Quash Writ of Subpoena Duces Tecum.
Folder 11 Conversation with Mr. Dugas Shands.
Folder 12 Matters related to Constitution.
Folder 13 Nebraska Law Review Article - Taxation of Costs in U.S. District Court.
Folder 14 Kennedy vs. T.E. Wiggins - Memorandum in Support of Defendant's Motion For More Definite Statement.
Folder 15 Telephone calls relating to Lynd case.
Folder 16 Persons interviewed by F.B.I. in connection with the operation of the registration office by Theron Lynd.
Folder 17 Mississippi statutes and constitutional provisions concerning voter registration in Mississippi.
Folder 18 New Mexico case dealing with criminal contempt charges being tried in the absence of a jury.
Folder 19 Notes by Theron Lynd concerning particular applicants.
Folder 20 Witnesses favorable to Lynd's case.
Folder 21 Memorandum relating to criminal contempt charges.
Folder 22 Notes on registration applicants.
Folder 23 Cases dealing with self-incrimination.
Folder 24 United States vs. Lynd - Brief of Appellees.
Folder 25 United States vs. Lynd - Proceedings of oral argument.
   
Box 7  
Folder 1 United States vs. Lynd - Petition for Rehearing Before Full Court.
Folder 2 Answer to Bill of Costs.
Folder 3 Motion made to Circuit Justice to stay the execution and enforcement of the judgment and order of civil contempt.
Folder 4 Application For Registration, Forrest County , Mississippi.
Folder 5 Examples of Lynd's discriminatory grading.
Folder 6 Lynd vs. United States - Petitions for Writ of Certiorari to United States Supreme Court.
Folder 7 Telephone calls received at M.M. Robert's office.
   
Box 8  
Folder 1 Forms of Rejected Negroes Who the Justice Department Claim Should Be Registered.
Folder 2 Applicants (Negro and White).
Folder 3 Motion to Stay Proceedings or to Remand Same to United States District Court.
Folder 4 Answer and Defenses Filed by Defendant.
Folder 5 Notice of Request and Request to Admit Truth of Facts Under Rule 36.
Folder 6 Notes of M.M. Roberts.
Folder 7 Petition For Further Orders to Secure Compliance with and to Prevent Obstruction of the Judgment and Orders of the Circuit Court of Appeals.
Folder 8 Memorandum of Law.
Folder 9 United States vs. State of Mississippi , et al No. 3312 - Opinion by Circuit Judge Ben Cameron upholding validity of Mississippi registration statutes.
Folder 10 Affidavit - District of Columbia , Voter registration records.
   
Box 9  
Folder 1 United States vs. Lynd - Supplemental Stipulation as to Race Identification.
Folder 2 Reply Brief to Respondent - Motion to Respondent.
Folder 3 United States vs. Lynd - Response or Opposition to Filing of Supplemental Petition.
Folder 4 United States vs. Lynd - Record on Appeal - Volume I.
Folder 5 United States vs. Lynd - Record on Appeal - Volume II.
   
Box 10  
Folder 1 United States vs. Lynd - Plaintiff's Proposed Findings of Fact, Conclusions of Law and Decree.
Folder 2 Message from Mr. Doar regarding application to the Circuit Court to show cause why Lynd should not be judged in contempt of court.
Folder 3 Affidavits.
Folder 4 District Court's order for extension of time for filing the record on appeal and docketing the appeal.
Folder 5 Defendant's Motion to Strike.
Folder 6 Memorandum of Facts in Opposition to the Plaintiff's Petition for Injunction.
Folder 7 Defendant's Motion to Dismiss.
Folder 8 Brief of Respondents - Posture of Case in the Lower Court.
Folder 9 Petition for Rehearing and Brief Thereon filed by Defendant.
Folder 10 Statement by Theron Lynd regarding litigation.
Folder 11 Notice of Motion and Motion to Vacate the Hearing on the Merits and Memorandum in Support Thereof.
Folder 12 Memorandum Brief relating to jurisdiction and affidavits concerning voter discrimination submitted by the defense.
Folder 13 Motion to Dismiss Petition or Pleading and Other Relief by Defendant.
Folder 14 Plaintiff's Exhibits.
Folder 15 United States vs. Lynd - Notice of Appeal and Judgment.
Folder 16 Brief For Respondents on Proceedings in Civil Contempt.
Folder 17 Lynd Correspondence - Summons and Order Modifying Previous Orders.
Folder 18 Report on Applications for Registration from March 13, 1964 through June 30, 1965.
Folder 19 Memorandum to Loryce Wharton - Affidavit.
Folder 20 United States vs. Lynd - Order and Judgment by the Fifth Circuit Court of Appeals Dismissing Criminal Contempt charges against Theron Lynd.
Folder 21 Report filed by Theron Lynd certifying compliance with the Court's order.
Folder 22 Order filed by District Court Judge Harold Cox issuing a permanent injunction against Theron Lynd.
Folder 23 June 1965 Correspondence.
Folder 24 Opinion by Fifth Circuit Court of Appeals.
Folder 25 Letter to M.M. Roberts and Francis Zachary from Peter Stockett, Special Assistant Attorney General.
Folder 26 Judgment and Order of Civil Contempt.
Folder 27 On Application For Civil Contempt.
Folder 28 Findings of Fact On Civil Contempt.
Folder 29 Entry for Appearance.
   
Box 11  
Folder 1 Petition for Rehearing and Brief Thereon.
Folder 2 United States vs. Lynd - Brief of Respondent.
Folder 3 Cross reference sheets: Charcoal sketches of Lynd trial and black and white photograph of Theron Lynd.
Folder 4 Amendment to Motion for Withdrawal and Stay of Mandate to Correct Errors.
Folder 5 Fifth Circuit Order Regarding Application of Stay.
Folder 6 Appellee's Motion for Withdrawal and Stay of Mandate.
Folder 7 Fifth Circuit's Issuance of Mandate and Robert's rough drafts of petitions.
Folder 8 Fifth Circuit's Findings of Fact, Conclusions of Law in the Proceeding for Civil Contempt.
Folder 9 Fifth Circuit's Order on Proceedings in Criminal Contempt.
Folder 10 Fifth Circuit's Judgment and Mandate.
Folder 11 Fifth Circuit's Judgment and Order of Civil Contempt.
Folder 12 Motion for Resetting of Hearing.
Folder 13 Motion to Amend Petition for Prosecution, Adjudication and Punishment.
Folder 14 Answer of Theron Lynd to Amended Complaint.
Folder 15 1961 Correspondence.
Folder 16 1962 Correspondence.
Folder 17 1963 Correspondence.
Folder 18 1964 Correspondence.
Folder 19 1964 Correspondence.
Folder 20 1964 Correspondence.
Folder 21 1961 - 1964 Correspondence.


Created by: Bobs M. Tusa
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The University of Southern Mississippi Libraries Special Collections
http://www.lib.usm.edu/spcol/index.php
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Revised: April 23, 2004