313 F. Supp. 439 | D.S.C. | 1970
ON PETITION FOR PERMANENT INJUNCTION
After having considered the Petition of the United States Attorney together with the attached affidavit
ORDERED
that Jeryl Best, John Weber, C. W. Windham, L. Delmus Kirven, Mac Wind-ham, Tommy Skinner and Theodore Barnes appear before me at 10:30 A.M. on March 9, 1970 in the United States Court Room, United States Court House Building, Columbia, South Carolina, and show cause if any they can why they and/or any other persons acting with, by, through, or under them should not be permanently enjoined and restrained from interference in any manner, directly or indirectly, with the operation of the schools in the Darlington County School District.
The United States Marshal is directed to serve a copy of this Order together with a copy of the Petition and attached affidavit upon each respondent named herein.
ORDER
This matter is before the Court upon petition of the United States Attorney, Joseph O. Rogers, Jr., requesting that this Court permanently enjoin Jeryl Best, L. Delmus Kirven, Tommy Skinner, John
The evidence presented at the hearing clearly establishes that there has been no breakdown in State or local law enforcement; and, further, that the State and local law enforcement officers are prepared, willing, and able to preserve peace and order. This Court finds no evidence that the State and local authorities need additional manpower assistance from federal authorities to maintain peace and order.
However, it is equally clear that the Darlington County School Board, faculty, staff and students cannot operate under the law of the land which is set forth in this Court’s Order of February 5, 1970, with interference from persons such as the respondents above named and others not specifically named as exhibited on March 2 and 3, 1970. This Court will not tolerate such interference with the operation of the Darlington County Schools in the future by anyone. Persons interfering with the operation of the schools will be prosecuted pursuant to Title 18 U.S.C.A. § 402 for criminal contempt of court, or Title 18 U.S.C.A. § 1509 for obstruction of Court orders. Accordingly,
It is ordered that Jeryl Best, L. Del-mus Kirven, Tommy Skinner, John Weber, C. W. Windham, Mac Windham and Travis Barnes are permanently enjoined and restrained from interfering or committing any acts which have the effect of interfering with, the operation of the Darlington County Schools, or committing any other act individually, directly or indirectly, which has the effect of interference with operation of said schools.
Furthermore, any and all persons who shall individually or collectively interfere with the operation of the public schools of this district shall be held accountable to this Court and shall be subject to being held in criminal contempt or in violation of Title 18 U.S.C.A. § 1509. All persons are hereby directed and ordered to refrain from interfering with the operation of the Darlington County Schools.
Let copies of this Order be served upon all parties to this action.
Appendix
In the District Court of the United States For the District of South Carolina Florence Division
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Joseph O. Rogers, Jr., United States Attorney, petitions this Court for an Order requiring the below named respondents to show cause before the Court
1. This Court on February 5, 1970 filed its Order detailing the requirements for the operation of the Darlington County School District.
2. That respondents named herein have interfered with the operation of the schools in the Darlington County School District by disorderly acts, overturning school buses and other disturbances on March 3, 1970 in Darlington County, South Carolina, as more fully set out in the affidavit of the United States Marshal attached hereto as a part of this petition.
3. On information and belief, the respondents are residents and citizens of the State of South Carolina, are within the jurisdiction of this Court, and reside in Darlington County, South Carolina. These respondents are Jeryl Best, John Weber, C. W. Windham, L. Delmus Kirven, Mac Windham, Tommy Skinner and Travis Theodore Barnes.
WHEREFORE, petitioner prays that this Court require the respondents to show cause before the Court why they should not be permanently enjoined and restrained from interference in any manner whatsoever with the operation of the schools in the Darlington County School District.
(s) Joseph O. Rogers, Jr.
JOSEPH O. ROGERS, JR.
United States Attorney
Columbia, South Carolina
March 3, 1970
In the District Court of the United States For the District of South Carolina Florence Division
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Personally appeared before me J. Elliott Williams, United States Marshal for the District of South Carolina, and upon being duly sworn deposes and says as follows:
I, accompanied by three Deputy United States Marshals, went to the high school located in Lamar, South Carolina, arriving there at approximately 6:55 A.M. on the morning of March 3, 1970. At approximately 7:30 A.M. Jeryl Best, John Weber, C. W. Windham, L. Delmus Kirven, Mac Windham, Tommy Skinner and Theodore Barnes, all personally known to me, in the company of others, assembled. in the public road approximately in front of the school building. A crowd began to gather which was addressed by Jeryl Best at approximately 8:00 A.M. At approximately 8:05 A.M. a school bus arrived which gained entrance to the school grounds and some five minutes later a second school bus with approximately 10 students arrived and was stopped in the road prior to gaining access to the school grounds. In the face of a threatening attitude on the part of the group gathered there and the
The crowd began to withdraw and by approximately 8:30 A.M. they had moved from the immediate vicinity of the school,
(s) J. Elliott Williams
J. ELLIOTT WILLIAMS
United States Marshal
SWORN to before me this 3rd day of March, 1970
(s) Wistar D. Stuckey
NOTARY PUBLIC FOR SOUTH CAROLINA
See Appendix.