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UNITED STATES v. STATE OF ALABAMA

Civ. A. No. 2255-N.

252 F.Supp. 95 (1966)

UNITED STATES of America, Plaintiff, v. The STATE OF ALABAMA and Perry O. Hooper, Judge of Probate of Montgomery County, Alabama, Defendants.

United States District Court M. D. Alabama, N. D.

March 3, 1966.

Attorney(s) appearing for the Case

Ben Hardeman, U. S. Atty., Montgomery, Ala., Stephen J. Pollak, Brian K. Landsberg, John M. Rosenberg and Charles R. Nesson, Attys., U. S. Dept. of Justice, Washington, D. C., for plaintiff.

Gordon Madison, Asst. Atty. Gen., of Alabama, Montgomery, Ala., James Garrett (of Rushton, Stakely & Johnston), and John P. Kohn, Montgomery, Ala., for the State of Alabama.

Jack Crenshaw and Maultsby Waller (of Crenshaw & Waller), Montgomery, Ala., for defendant Perry O. Hooper.

Before RIVES and GEWIN, Circuit Judges, and JOHNSON, District Judge.

RIVES, Circuit Judge:

Congress in enacting the Voting Rights Act of 1965 "directed" the Attorney General to institute suits "against the enforcement of any requirement of the payment of a poll tax as a precondition to voting."1 The Voting Rights Act of 1965 included Congress' specific findings that the poll tax violates the Fourteenth and Fifteenth Amendments.2 Pursuant to the direction of Congress, the Attorney...

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