Ask the Scholar
Page 13 of 23
I can add historical knowledge about this page.
Page image
OCR
with an order of the federal district court is an appeal. Once such an order
becomes final the Federal Government must have authority to protect persons
acting pursuant to the order from outside interference. This protective power
has long been recognized and must exist if federal law is to be made effective,
if private individuals are not to be permitted to make a mockery of federal
courts.
In concluding my presentation of the reasons why we urge the Congress to
provide the Government with civil remedies in civil rights cases, I should like
to make three general observations. First, we are not asking for new and un-
tried powers. The use of civil remedies as a means of enforcing federal rights
is not uncommon and exists in a number of areas. For over 60 years, as a
matter of fact, the Department of Justice itself has had experience in the
coordinated use of civil and criminal remedies in the anti-trust field. Ever
since its adoption the Sherman Act has provided that the district courts should
have jurisdiction to prevent and restrain violations of the criminal sections
of the act and has made it the duty of the Department of Justice to "institute
proceedings in equity to prevent and restrain such violations." Much of the
success of the Department in antitrust work is directly attributable to the
Term
The
availability of civil remedies since here, as in the civil rights cases,
.g
criminal prosecution of violators sometimes is unduly harsh and too restrictive.
Second, these proposals would not extend or increase the area of civil
rights jurisdiction in which the Federal Government is entitled to act. These
rights are now protected by amendments to the Constitution, and when they are
violated the Government may act already under the criminal law.
Enactment
of
our proposals would add civil remedies which would not enlarge or in any way
clash, as we see it, with the constitutional limitations on Federal Government
action in this field. Rather it would permit us to take civil remedial action
- 12 -
Page data
- Page
- 13
- Source index
- 0
- Type
- photo
- Media ID
- f63f8939c95d6a45
- Size
- unknown
Document data
- ID
- 12167080
- Core
- doc
- Type
- document
DTO data
{
"id": "12167080",
"sourceUrl": "https://catalog.archives.gov/id/12167080",
"contentType": "document",
"title": "Press Release, Statement of the Attorney General on the Proposed Civil Rights Legislation before the Subcommittee on Constitutional Rights of the Senate Judiciary Committee",
"citationUrl": "https://catalog.archives.gov/id/12167080",
"collections": [
"Records of E. Frederic Morrow, Administrative Officer, Special Projects Group (Eisenhower Administration)",
"Personal Files of E. Frederic Morrow"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_01.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_01.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_01.jpg",
"imageCount": 23,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Context sent to Scholar
Document identity
{
"localId": "12167080",
"label": "Press Release, Statement of the Attorney General on the Proposed Civil Rights Legislation before the Subcommittee on Constitutional Rights of the Senate Judiciary Committee",
"core": "doc",
"dtoType": "document",
"citationUrl": "https://catalog.archives.gov/id/12167080"
}
Document source metadata
{
"id": "12167080",
"sourceUrl": "https://catalog.archives.gov/id/12167080",
"contentType": "document",
"title": "Press Release, Statement of the Attorney General on the Proposed Civil Rights Legislation before the Subcommittee on Constitutional Rights of the Senate Judiciary Committee",
"citationUrl": "https://catalog.archives.gov/id/12167080",
"collections": [
"Records of E. Frederic Morrow, Administrative Officer, Special Projects Group (Eisenhower Administration)",
"Personal Files of E. Frederic Morrow"
],
"iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_01.jpg",
"thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_01.jpg",
"largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_01.jpg",
"imageCount": 23,
"hasImages": true,
"source": "import",
"hasTranscription": false
}
Document source extras
{
"url": "https://catalog.archives.gov/id/12167080",
"naId": 12167080,
"levelOfDescription": "item",
"productionDates": [
{
"day": 14,
"logicalDate": "1957-02-14",
"month": 2,
"year": 1957
}
],
"recordType": "description",
"ocrSource": "nara-archive"
}
Page context
{
"seq": 13,
"pageIndex": 0,
"type": "photo",
"url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/eisenhower/598780/598780_0001_Page_13.jpg",
"mediaId": "f63f8939c95d6a45",
"ocrText": "with an order of the federal district court is an appeal. Once such an order\nbecomes final the Federal Government must have authority to protect persons\nacting pursuant to the order from outside interference. This protective power\nhas long been recognized and must exist if federal law is to be made effective,\nif private individuals are not to be permitted to make a mockery of federal\ncourts.\nIn concluding my presentation of the reasons why we urge the Congress to\nprovide the Government with civil remedies in civil rights cases, I should like\nto make three general observations. First, we are not asking for new and un-\ntried powers. The use of civil remedies as a means of enforcing federal rights\nis not uncommon and exists in a number of areas. For over 60 years, as a\nmatter of fact, the Department of Justice itself has had experience in the\ncoordinated use of civil and criminal remedies in the anti-trust field. Ever\nsince its adoption the Sherman Act has provided that the district courts should\nhave jurisdiction to prevent and restrain violations of the criminal sections\nof the act and has made it the duty of the Department of Justice to \"institute\nproceedings in equity to prevent and restrain such violations.\" Much of the\nsuccess of the Department in antitrust work is directly attributable to the\nTerm\nThe\navailability of civil remedies since here, as in the civil rights cases,\n.g\ncriminal prosecution of violators sometimes is unduly harsh and too restrictive.\nSecond, these proposals would not extend or increase the area of civil\nrights jurisdiction in which the Federal Government is entitled to act. These\nrights are now protected by amendments to the Constitution, and when they are\nviolated the Government may act already under the criminal law.\nEnactment\nof\nour proposals would add civil remedies which would not enlarge or in any way\nclash, as we see it, with the constitutional limitations on Federal Government\naction in this field. Rather it would permit us to take civil remedial action\n- 12 -"
}