This section contains the nature of the case and procedural background.

A grand jury wished to indict two Negroes, Goff and Kendrick, for perjury relating to a case involving federal civil voting rights. They testified that the registrar had refused to register them to vote. The registrar contradicted this testimony. Hauberg (D), the United States Attorney refused to prepare the necessary indictments. The Justice Department had investigated the charges and found no basis for a perjury prosecution. A district judge, Cox (P), ordered D to sign the indictments. D refused because the Attorney General instructed D ignore the order. Cox (P) found D guilty of contempt and ordered a show cause hearing. Ds appealed.

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