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TURNER v. GOOLSBY

Civ. A. No. 1226.

255 F.Supp. 724 (1966)

Calvin TURNER, Joseph Turner, James T. Bates, Moses King, Robert L. Billingsley, Collins King, Albert L. King, Evans H. Harris, J. W. Combs, and Frank Bates, Minor, by Mrs. Mary Bates, his mother and next friend, on behalf of themselves and all others similarly situated, Plaintiffs, v. Kenneth E. GOOLSBY, individually, and as Solicitor General, Toombs Judicial Circuit, Milton B. Moore, Individually, and as Sheriff and Custodian of the Common Jail of Taliaferro County, Georgia, Harold F. Richards, Individually, and as Attorney for Taliaferro County, Georgia, Lola Williams, individually, and as Superintendent of Schools of the Taliaferro County School System, H. E. Williams, Jr., Mrs. Willie Mae Fambrough, Carl Chapman, and J. M. Taylor, individually, and as Members of the Board of Education of Taliaferro County, Georgia, and the Board of Education of Taliaferro County, their agents, servants, employees, successors, representatives, and all persons in active concert and participation with them, Defendants.

United States District Court S. D. Georgia Augusta Division.

Supplemental Opinion May 20, 1966.

Attorney(s) appearing for the Case

E. Freeman Leverett, Deputy Asst. Atty. Gen., Elberton, Ga.; E. Lloyd Lewis, Greensboro, Ga.; Walton Harden and Wilbur A. Orr, Washington, Ga.; Charles L. Bloch, Macon, Ga.; Kenneth E. Goolsby, Sol. Gen., Thomson, Ga.; E. Purnell Davis, Warrenton, Ga., for defendants.

Jack Greenberg, Derrick Bell, Howard Moore and Donald Hollowell, for plaintiffs.

Arthur K. Bolton, Atty. Gen. for Georgia and Alfred L. Evans, Jr., Asst. Atty. Gen., Atlanta, Ga., for receivers.

Before BELL, Circuit Judge, and SCARLETT and MORGAN, District Judges.

OPINION

PER CURIAM:

Plaintiffs, Negro citizens of Taliaferro County, Georgia, brought an action, as amended, against defendants in four counts. In Count One they contend that Georgia Code § 26-6901 is unconstitutional and seek to restrain its enforcement. That statute provides generally that any person disturbing religious worship shall be guilty of a misdemeanor. In Count Two they contend that Georgia Code § 26-3914, the Georgia forgery statute...

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