United States v. Ward

• Decision Date: 21 October 1965
• Docket Number: No. 21235.,21235.
• Citation: 352 F.2d 329
• Parties: UNITED STATES of America, Appellant, v. Katherine WARD (Louisiana), Registrar of Voters of Madison Parish, Louisiana, and the State of Louisiana, Appellees.
• Court: U.S. Court of Appeals — Fifth Circuit

352 F.2d 329 (1965)

UNITED STATES of America, Appellant, v. Katherine WARD (Louisiana), Registrar of Voters of Madison Parish, Louisiana, and the State of Louisiana, Appellees.

No. 21235.

United States Court of Appeals Fifth Circuit.

October 21, 1965.

Harold H. Greene, Gerald P. Choppin, Alan G. Marer, Attys., Dept. of Justice, Washington, D. C., for appellant.

Jack P. F. Gremillion, Atty. Gen. of Louisiana, Harry Fuller, Carroll Buck and Harry J. Kron, Jr., Asst. Attys. Gen., Thompson L. Clarke, St. Joseph, La., for appellees.

Before MARIS,^* RIVES and BROWN, Circuit Judges.

PER CURIAM.

Although we granted the freezing relief sought by the Government and directed the entry of a precise decree, the Government has filed a petition for rehearing. This is occasioned by a change in the law which we must now apply. United States v. Alabama, 1960, 362 U. S. 602, 80 S.Ct. 924, 4 L.Ed.2d 982; Ziffrin, Inc. v. United States, 1943, 318 U. S. 73, 63 S.Ct. 465, 87 L.Ed. 621; Vandenbark v. Owens-Illinois Glass Co., 1941, 311 U.S. 538, 61 S.Ct. 347, 85 L.Ed. 327. This comes about from the fact that our decision, announced August 11, 1965 (349 F.2d 795, No. 21235), almost coincided with the enactment on August 6, 1965, of the Voting Rights Act of 1965 (Pub.L.No.89-110, 89th Cong., 1st Sess., 79 Stat. 437, 42 U.S.C.A. § 1973 et seq.).

The Government points out that in several material respects there is a marked change in the law. To effectuate these changes, the Government's supporting brief included a proposed decree. The Court expressly invited the Registrar, the State of Louisiana, and the Louisiana Attorney General to file a response covering specific suggestions concerning the proposed modification together with any counter proposals. But no response whatever was received. For reasons briefly summarized, by the decree set forth in the Appendix we adopt substantially the Government's proposed modification.

On August 7, 1965, the United States Attorney General and the Director of Census made and published (30 Fed. Reg. 9897) the determinations as to Louisiana under § 4(b). The effect of this is to eliminate any state-imposed voter qualification "test or device," § 4(a), including of significance here those requiring demonstration of "(1) * * * ability to read, write, understand, or interpret any matter, (2) * * * educational achievement or * * * knowledge of any particular subject," or possession of "(3) * * * good moral character."¹ § 4(c). Likewise, until declaratory judgment or administrative consent is first obtained, § 5 of the Act restricts Louisiana to the use of voter qualifications, practices, or procedures in force and effect on November 1, 1964.

The result is that where under our developing "freeze" principles, we required that the less exacting practices followed up to August 31, 1962, in the registration of white applicants be extended to all for a period of two years, the 1965 Act extends the period initially to five years and forbids outright for such time every defined voter qualification "test or device" whether previously applied to whites or not. In applying the plain requirements of the Act, we do not undertake to pass on the validity, constitutionality, or interpretation of the Act. If by the procedures specified in § 14(b), or otherwise, the law is determined to be invalid or the provisions of the Act applied here are otherwise construed, the decree prescribed herein should be suitably modified. The same is true as to any declaratory judgment determinations by the District Court for the District of Columbia that the use of any such test or device in voter qualification to achieve discrimination has ceased. See, e. g., §§ 4(a), 5.

In addition to these required by the 1965 Act, we have adopted some further suggested changes to eliminate any possible doubt as to the Registrar's duty to process each applicant as expeditiously on the day he appears as possible (see new Par. V(d) and to clarify age and residence eligibility in relation to the time of "the next election" (new Par. IV(a) (b)).

APPENDIX

FINAL DECREE

I. This court finds that the defendants have engaged in acts and practices which have deprived Negro citizens of Madison Parish, Louisiana, of their rights, secured by 42 U.S.C.A. § 1971(a), to register to vote without distinction by reason of race, and that such deprivation has been pursuant to a pattern or practice of discrimination against Negro citizens in the registration processes in Madison Parish, Louisiana. The Court also takes notice of the fact that the United States Attorney General and the Director of the Census have made and published on August 7, 1965 (30 Fed. Reg. 9897) the determinations which invoke the provisions of Section 4 of the Voting Rights Act of 1965, and related provisions (Pub.L.No.89-110, 89th Cong., 1st Sess., 79 Stat. 437, 42 U.S. C.A. § 1973b).

II. It is ordered, adjudged and decreed by the Court that the Defendant State of Louisiana and the Defendant Katherine Ward, Registrar of Voters of Madison Parish, Louisiana, their agents, officers, employees and successors in office be and each is hereby enjoined from engaging in any act or practice which involves or results in distinctions based on race or color between Negro citizens and other citizens in the registration for voting process in Madison Parish, Louisiana.

III. It is further ordered, adjudged, and decreed by the Court that the Defendant State of Louisiana and the Defendant Katherine Ward, Registrar of Voters of Madison Parish, Louisiana, their agents, officers, employees and successors in office be and each is hereby enjoined, for a period of five years after the entry of any final judgment of any court of the United States determining that denials or abridgments of the right to vote on account of race or color through the use of any "test or device" as defined in section 4(c) of the Voting Rights Act of 1965, Pub.Law 89-110, 89 Cong., 79 Stat. 437, 438-439, have occurred anywhere within the State of Louisiana, and in any event until the United States District Court for the District of Columbia has determined that no such test or device has been used during the five years preceding the filing of the action for the purpose of denying or abridging the right to vote on account of race or color, from (a) requiring any applicant for voter registration in Madison Parish, as a precondition to such registration, to take or pass any test of literacy, knowledge, or understanding or to comply with any other test or device as defined in Section 4(c) of the Voting Rights Act of 1965, Public Law 89-110, 79 Stat. 438-439, i. e., any requirement (including the "good character" requirement specified in Article VIII, Section 1(c) of the Louisiana Constitution and Title 18, Section 32, of the Louisiana Code, except to the extent that these provisions permit disqualification for conviction of a felony) that he (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of...