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Memorandum to Mr. Tolson from L. B. Nichols Mr. Olney then pointed out that he wanted to tell us about how _dahe Department contemplated proceeding in the Mound Bayou matter. He stated _ “that the Department fully realized if they presented the facts to a grand jury, there would be no indictment. They, therefore, struck upon the idea of initiating prosecution by the filing of a criminal information; however, they have now concluded that when the Attorney General appeared before a Congressional Committee to seek the adoption of the legislative program, the Attorney General, FF illustrating the need for civil sanctions, could point out in cases such as the ] Mound Bayou case where there was a clear disenfranchisement, the legislation requested would enable the Department to proceed on a civil basis. I made the point that it seemed that if the Department was going to proceed in the Mound Bayou case that it should have been done last fall as soon as the information was i completed. He agreed to this. He also made the observation that it was advantageor |e the Department to change its plans some weeks ago and hold up on the Mound [[ezyou case. I told him that it was rather clear that as long as the Mississippi legislature was in session that there would be an outburst and that the session was cheduled to end sometime in April, and that had the Department proceeded in the ound Bayou case, it appeared rather obvious that the action of the Governor in etoing the bill would merely have resulted in additional legislation and that it was § {understood that as soon as the legislature was out, the Governor was going to start going around the state and try to develop better understanding. Olney thought lies that the manner in which the Attorney General had decided to use the Mound Bayou aot = %n425 case would be much m ore effective; that they could always file the informations IE: a iater date if the thing did not turn out. Summarizing, I gathered the distinct impression that what Olne at was the ascolon ays ' namely that we investigate Nee not investigate civil FrNHis ¢ on of Criminal Division ex report relimin [other th “T do not 4 see that there is any problem mont up which would require any change in ae J alien {—; iawn ios Lf neat, (22& ein 4 ean aaemnea ea cael