UNITED STATES v. STATE OF TEXAS

Civ. A. No. 1570.

252 F.Supp. 234 (1966)

UNITED STATES of America, Plaintiff, v. The STATE OF TEXAS et al., Defendants.

United States District Court W. D. Texas, Austin Division.

February 9, 1966.


Attorney(s) appearing for the Case

Nicholas deB. Katzenbach, Atty. Gen., John Doar, Asst. Atty. Gen., Washington, D. C., Ernest Morgan, U. S. Atty., San Antonio, Tex., Stephen J. Pollak, 1st Asst. to Asst. Atty. Gen., Civil Rights Div., Washington, D. C., for plaintiffs.

John E. Clark, Trueman O'Quinn, Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, 1st Asst. Atty. Gen. of Texas, John Reeves, John H. Banks, Asst. Atty. Gen. of Texas, Doren R. Eskew, City Atty., Kenneth Jones, Asst. City Atty., Wallace Shropshire, Atty. for Travis County, Austin, Tex., for defendants.

Before BROWN and THORNBERRY, Circuit Judges, and SPEARS, District Judge.


THORNBERRY, Circuit Judge:

In this action the Attorney General of the United States challenges the validity of the Texas poll tax,1 pursuant to the provisions of Section 10(b) of the Voting Rights Act of 1965, 79 Stat. 437, and 42 U.S.C. 1971(c). The United States seeks to show that the requirement of the payment of a poll tax as a precondition for voting in Texas is a device conceived primarily to deprive Negroes of the franchise and...

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