City Judge John Rudd has issued a subpoena calling before his court the records of the Negro Inter-Civic Council for use in the trail of members of the Council on charges that they have been operating a transportation system with for-hire license tags on their vehicles.

Officers of the Council, while complying with the Court order, have made the usual complaints of harassment and civil rights violation.

Yet there is nothing unusual about a Court issuing a subpoena duces tecum. It is a process as old as our law. It simply means the Court is calling up records to act as witness for the prosecution, just as it calls up persons who have knowledge of the facts to testify orally. The records are subject to same rules of evidence and immunities that are due to personal witnesses. Information in the records should not, and must not, be used to embarrass, harass or intimidate those who have made good faith contributions to the boycott Council's funds. They must be used only for judicial determination of the genuine issues in the case.

Despite all the emotional beclouding that has obscured them on both sides, there are genuine issues of law involved in this case and the Court so far has followed a proper judicial course in trying to get to the hart of them.

These issues are:

1. Whether a person or organization which accepts money from A to pay for the free transportation of B is required by law to have a "for hire" license on his car just as if he accepted a direct fare from B. The Attorney General of Florida says that is the case. Kentucky courts have ruled that is the case. Florida courts have never had it before them.
2. Whether the Negro Inter-Civic Council, through use of contributions to support their bus boycott, are operating that sort of transportation system. The Tallahassee Police Department, charged with regulating traffic on the streets and equitable enforcement of city ordinances which provide strict regulations of franchised commercial taxi and bus transportation systems, says the Council is engaged n such activities. The Council says it isn't

The boycott council's lawyer has moved to test the City's interpretation of law and its police authority before Circuit Judge Hugh Taylor this afternoon. He used the same subpoena duces tecum procedure to bring City records and ordinances before the Circuit Judge.

If Judge Taylor and higher courts uphold the Negroes' position, the charges against drivers of cars which have been hauling bus boycotters free will be brought to trial.

Both sides have attorneys of their own choice and full privilege to call witnesses who have knowledge of the facts. Records of the boycotters' council may show whether the drivers have received compensation which constituted using their cars in operations "for hire." They may show they didn't. The courts will decide.

Whose civil rights are violated?

That's the way the American system justice works. We wouldn't want it to work any other way. We don't think responsible Negro citizens would want it to work any other way, either.

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