Monday, Dec. 30, 1957

His Honor

After a fortnight's testimony on operations of the Teamsters Union in Tennessee, Arkansas' seasoned John McClellan was fed up. Snapped the chill-eyed chairman of the Senate Labor Rackets Investigating Committee:* "I do not think even the committee was prepared for the shocking pattern of viciousness, lawlessness and disregard for the laws of the land to which many witnesses have testified here." Sample testimony: Nashville Teamsters negotiated contracts with pile-driving fists; Knoxville Teamsters dynamited truckers who refused to bargain without NLRB elections; Chattanooga Teamsters bombed, burned and escaped the consequences by passing $20.000 in bribes that, by strong inference, influenced the decision of the county judge trying the case.

The judge was identified as gaunt, greying Judge Raulston Schoolfield, 51, unsuccessful 1954 candidate for governor against Frank Clement and currently president of two separate Tennessee segregation societies. Six years ago 13 teamsters, including Chattanooga Local 515's President Glenn W. Smith and Secretary-Treasurer Hubert L. Boling, were indicted for dynamiting and arson during organizing drives. The 13 came for arraignment before Judge Schoolfield, who carefully studied the evidence against them and decided it was "good." In fact, testified former Court Officer James W. West, Judge Schoolfield "seemed enthused" at the prospect--possibly because earlier the Teamsters Union had opposed Schoolfield's election as judge.

A Bit of Talk. But before the case came to trial, Local 515 cashed checks totaling $18,500, marked down the money to "attorney fees." Two days before trial, Tennessee Deputy Fire Marshal Raymond Hixon, who had gathered the arson evidence against the defendants, happened to meet Teamster Secretary-Treasurer Boling. Testified Hixon: "He told me that there was not going to be a trial. I asked him how he knew. He said that there had been $18,500 passed to quash the indictments, and there was not to be a trial." Hixon remembered that at the time "there was quite a bit of talk around that money had been passed to quash the indictment."( Asked Committee Counsel Robert Kennedy: "Passed to whom?" Testified Hixon: "To Judge Schoolfield."

The indictment was quashed, the 13 freed. Later, on an appeal by the prosecution, the state supreme court reversed Judge Schoolfield, ordered that the Teamsters be tried. Later also, according to Senate investigators, Local 515 chalked off another $1,500 to legal expenses. The 13 defendants were brought to new trial. This time they were freed for keeps. The legal mechanics: Judge Schoolfield ordered the jury to return a verdict of not guilty because the prosecution had failed to prove that the 13 Teamsters committed the violent acts involved.

A Bit of Confidence. Senate investigators who checked Schoolfield's background found parts of it just as remarkable as the testimony. In 1930 the judge was reprimanded by the Tennessee Bar Association for fraudulently taking another man's state bar examination. In 1932 he was indicted for violating Tennessee's age-of-consent law; the charge was dropped when a 16-year-old girl involved admitted she really had given consent after all. Other arrests over the years were for drunkenness, assault and visiting a disorderly house, but there were no convictions. Studying the findings, Senator McClellan invited Schoolfield to appear before the committee and present his side of the story. He got back regrets and a message that Schoolfield was too busy in court.

Summing up the hearings on the Teamster atrocities, Chairman McClellan dropped a kind word for "the good people of Tennessee." Said he: "I am confident that from here on they are going to be a little more alert." Among the more alert at week's end was Tennessee's crusading Governor Frank Clement. Already he had his legal eagles digging into the life and good times of Old Opponent Raulston Schoolfield, was making noises about a special legislative session to consider impeaching the judge.

* Which last week, after 94 days of public hearings and 436 witnesses, closed out its first year's work, took a breather before starting a second.

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