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Theron Carl Lynd (May 30, 1920–January 1978) was an American circuit clerk and voter registrar in Forrest County, Mississippi, who refused to register Black people during the
civil rights movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional Racial segregation in the United States, racial segregation, Racial discrimination ...
. Lynd was the first southern voter registrar to be held in violation of charges of discrimination under the Federal Civil Rights Acts. Even after being ordered to cease denying African Americans voting rights in federal court, he continued to obstruct their registration by various means. Despite Lynd's segregationist stance and his six years of legal troubles, he continued to be re-elected until his death in 1978.


Early life and education

Theron Carl Lynd was born on May 30, 1920, in Moss Point, Mississippi. His family moved to
Hattiesburg Hattiesburg is a city in the U.S. state of Mississippi, located primarily in Forrest County (where it is the county seat and largest city) and extending west into Lamar County. The city population was 45,989 at the 2010 census, with the populat ...
when he was three years old, where he attended public schools. Lynd attended
Mississippi State University Mississippi State University for Agriculture and Applied Science, commonly known as Mississippi State University (MSU), is a public land-grant research university adjacent to Starkville, Mississippi. It is classified among "R1: Doctoral Unive ...
to study business and graduated in 1943. In college he was a member of the Lambda Chi Alpha fraternity.


Career

He joined his father's oil and gas business, before working at the Hattiesburg Typewriter Company in 1958. Lynd was elected Forrest County Circuit Clerk in 1959, replacing Luther Cox, who had died in office. Lynd reported to and was surveilled by the Hattiesburg
Citizens' Council The Citizens' Councils (commonly referred to as the White Citizens' Councils) were an associated network of White supremacy, white supremacist, Racial segregation in the United States, segregationist organizations in the United States, concentra ...
and the
Mississippi State Sovereignty Commission The Mississippi State Sovereignty Commission (also called the Sov-Com) was a state agency in Mississippi from 1956 to 1977 tasked with fighting desegregation and controlling civil rights activism. It was overseen by the Governor of Mississippi. T ...
, a state agency established to fight desegregation efforts, these two organizations wanted to insure segregation was still happening in the court system.


''United States of America, v. Theron C. Lynd, and the State of Mississippi''

The United States Government requested Lynd to open his voter registration records to federal inspectors for photography and examination on August 11, 1960, in compliance with Title III of the
Civil Rights Act of 1960 The Civil Rights Act of 1960 () is a United States federal law that established federal inspection of local voter registration polls and introduced penalties for anyone who obstructed someone's attempt to register to vote. It dealt primarily wi ...
, but he refused. On July 1961, the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
filed a lawsuit against Lynd in violation of federal law title 42
United States Code Annotated In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
section 1971(a), claiming Lynd and his office had routinely violated the civil rights of Black people in Forrest County by denying them the right to vote. In March 1962, a Federal District Court injunction hearing was held in under Judge Harold Cox. Malcomb Mettie Roberts (also known as M. M. Roberts) was Lynd's lawyer; and Department of Justice lawyer and chief counsel
John Doar John Michael Doar (December 3, 1921 – November 11, 2014) was an American lawyer and senior counsel with the law firm Doar Rieck Kaley & Mack in New York City. During the administrations of presidents John F. Kennedy and Lyndon B. Johnson, he ...
handled the case for the federal government. The court case concluded that discrimination existed but it did not acknowledge the plaintiff's request for a
preliminary injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
, so the Justice Department appealed Judge Cox's decision to the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
in the Southern District (S.D.) in Houston. The court ruled on April 10, 1962, during the 5th Circuit Court of Appeals meeting in New Orleans under Judges Elbert Tuttle, John Minor Wisdom and J.C. Hutcheson, "the trial court's decision to neither grant nor deny a request for a preliminary injunction in effect equated with denying the request altogether" and issued injunction requiring Lynd to stop discrimination. Lynd's attorneys then appealed to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
asking to reverse the 5th Circuit's decision. On November 5, 1962, the U.S. Supreme Court denied
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
. On May 2, 1962, Lynd was served with papers and the federal government again filed suit against Lynd for allegedly ignoring the 5th circuit injunction order. From September 17–21, 1962 the case was heard in the United States Court of Appeals for the Fifth Circuit under Judges Griffin Bell, John Minor Wisdom, and John Robert Brown, and the federal government entered into evidence collected by the F.B.I. and had 51 witnesses testify. Rev. W. Ridgway testified before a congressional subcommittee that out of 12,958 African Americans in the county, only 25 people were permitted to vote. Such testimony and voter registration efforts drew the ire of Citizens' Councils groups and surveillance from the Mississippi State Sovereignty Commission. The 5th circuit court decided on July 15, 1963, that Lynd failed to comply with the first injunction, and he was found guilty on civil contempt charge. Lynd's litigation continued until 1967.


Personal life and death

He married Miriam Howell in 1958. They had no children. Lynd was a big and physically intimidating man, over 6 feet tall and over 300 pounds. He was obese and a diabetic, and had an amputation of both legs around 1977. He died of apparent heart failure in January 1978 at the age of 57, while serving his 5th term in office as the Circuit Clerk and Registrar of Voters for Forrest County, Mississippi. He is buried in a mausoleum in Roseland Park Cemetery in Hattiesburg. His wife was appointed to his office until a special election could be held.


Legacy

As a result of the voting discrimination in 1962, Hattiesburg civil rights activist Vernon Dahmer started an African American voter registration drive and invited the
Student Nonviolent Coordinating Committee The Student Nonviolent Coordinating Committee (SNCC, often pronounced ) was the principal channel of student commitment in the United States to the civil rights movement during the 1960s. Emerging in 1960 from the student-led sit-ins at segrega ...
(SNCC). The following winter hundreds of people protested Lynd’s refusal to register Black voters at the local courthouse on “Freedom Day”. In the 1960s, Lynd had earned national recognition in depictions in comics and caricatures as a symbol of Southern racism. On September 26, 1962, the
CBS Reports ''CBS Reports'' is the umbrella title used for documentaries by CBS News which aired starting in 1959 through the 1990s. The series sometimes aired as a wheel series rotating with '' 60 Minutes'' (or other similar CBS News series), as a series of i ...
television series aired nationally on CBS, the episode "Mississippi and the 15th Amendment" featured Lynd, calling him "one of the most powerful men in America." Lynd is included in archives at Mississippi Department of Archives and History, University of Southern Mississippi, and Digital Library of Georgia. Gordon A. Martin, a former Civil Rights Division attorney, judge and professor, wrote chapters on Lynd and the events in his book, ''Count Them One By One; Black Mississippians Fighting for the Right to Vote'' (2010). Lynd is also profiled in the William Sturkey book ''Hattiesburg: An American City in Black and White'' (Harvard University Press, 2019).


See also

* Disfranchisement after the Reconstruction era *
Freedom Summer Freedom Summer, also known as the Freedom Summer Project or the Mississippi Summer Project, was a volunteer campaign in the United States launched in June 1964 to attempt to register as many African-American voters as possible in Mississippi. ...
* Samuel Bowers *
Clyde Kennard Clyde Kennard (June 12, 1927July 4, 1963) was an American Korean War veteran and civil rights leader from Hattiesburg, Mississippi. In the 1950s, he attempted several times to enroll at the all-white Mississippi Southern College (now the Univers ...


References


Further reading

* *


External links


Excerpt from "CBS Reports" Season 4, Episode 2, "Mississippi and the 15th Amendment," aired 26 Sep. 1962)
video that features Lynd, on
C-SPAN Cable-Satellite Public Affairs Network (C-SPAN ) is an American cable and satellite television network that was created in 1979 by the cable television industry as a nonprofit public service. It televises many proceedings of the United States ...
{{DEFAULTSORT:Lynd, Theron 1920 births 1978 deaths American civil servants Mississippi State University alumni American segregationists People from Hattiesburg, Mississippi People from Moss Point, Mississippi