Bond v. Floyd

PETITIONER: Bond
RESPONDENT: Floyd
LOCATION: Multnomah County Circuit Court

DOCKET NO.: 87
DECIDED BY: Warren Court (1965-1967)
LOWER COURT:

CITATION: 385 US 116 (1966)
ARGUED: Nov 10, 1966
DECIDED: Dec 05, 1966

Facts of the case

Question

Media for Bond v. Floyd

Audio Transcription for Oral Argument - November 10, 1966 in Bond v. Floyd

Earl Warren:

Julian Bond et al., Appellants, versus James Floyd et al.

Mr. Moore.

Howard Moore, Jr.:

Mr. Chief Justice, may it please the Court.

This is an appeal from the United States District Court, the Northern District of Georgia dismissing the complaint and action brought to compel the House of Representatives of the General Assembly of Georgia to admit an elective representative, Julian Bond.

The plaintiffs were not on in Mr. Bond, but Dr. Martin Luther King, a constituent and resident, Mrs. (Inaudible), a resident and registered voter, each suing as members of their respective classes.

The plaintiffs sought an injunction against the enforcement of a special House resolution excluding Mr. Bond.

The plaintiffs also sought injunction against the state constitutional provisions upon which the House relied to exclude him.

The appellees are James 'Sloppy' Floyd, an elder state official who is acting in concert with him.

A general election was held in Georgia on June 15, 1965.

That election was conducted pursuant to legislation enacted in the weight of the decision in Toombs against Fortson as a result, House District 136 was created.

Mr. Bond was opposed in that election by Malcolm J.Dean, who was a Dean of Men at Atlanta University in Atlanta.

In that election, Bond polled 2320 votes to 487 votes for Dean.

More persons voted in Bond's District, in District 136 then in any other district within the entire state.

There are 6500 voters in House District 136, 6000 of them are Negroes.

About two weeks before, Mr. Bond was scheduled to have been sworn in as a member of the House of Representatives.

Samuel Young, a worker with the Student Nonviolent Coordinating Committee and it --

Earl Warren:

A worker, what?

Howard Moore, Jr.:

A worker sir with the Student Nonviolent Coordinating Committee known variously and popularly as SNCC.

Young was a navy veteran.

He was shot and killed near a gasoline service station in Tuskegee, Alabama.

Young had lost one of his kidneys in the ill-fated Bay of Pig -- the Bay of Pigs invasion off the coast of Cuba in 1961.

He was approaching the service station to use the restroom.

Samuel Young was very well liked within SNCC.

Three days after Young's funeral on January 6, 1966, SNCC issued the statement to the press, critical of American policy in Vietnam and of his pass for respecting equal rights for Negroes in the United States.

The entire statement is set forth at pages 135 to 137 of the record.

The statement plays responsibility for the murder of Samuel Young upon the Federal Government.

The statement equated, the failure of the administration to protect Samuel Young with the death of Vietnamese peasants resulting from the aggressive foreign policy conductive in the violation of international law.

The following four paragraphs are perhaps the most relevant paragraphs to these procedures and I shall read from the record at page 137.

Earl Warren:

137?

Howard Moore, Jr.:

Yes sir.