Big Jim's Comeuppance

A cattle prod in his hand and a "Never" button on his shirt, Sheriff Jim Clark twinged the nation's conscience during last year's Selma march. As much as anyone, he personified the Southern inequity that provoked the federal Voting Rights Act of 1965. It was, therefore, altogether fitting that Big Jim should be the loser in the first case brought under that law.

Runner-up in last month's Alabama primary, Clark got a second chance to keep his job when Dallas County's segregation-minded Democratic executive committee threw out six ballot boxes for "irregularities." The objective was to deny moderate Wilson Baker, Selma's former Public Safety Director, a majority and force a runoff. The discarded boxes, all from Negro neighborhoods, gave Baker 1,412 votes, Clark, 92.

Acting under a provision of the 1965 voting rights law, the Justice Depart ment quickly entered the case, asked Federal District Court Judge Daniel Thomas to order the ballots counted.

Said Assistant Attorney General John Doar: "This is a case of arrogance on the part of a small group of men who -- because they do not like the results of an election and the free expression of will of the people of Dallas County -- swept all the votes out and into a basket. That isn't what America is all about, and it's time every one of us stands up and tells them, 'No, it has to stop!' " Judge Thomas agreed. "The court," he said, "did not hear any evidence which would indicate that votes were bought or sold, that boxes were stuffed, or that there was any misconduct on the part of polling officials or voters which could be construed as even approaching fraud." Moreover, he said, such technical and clerical errors as there were resulted mostly from Negro officials' being "inadequately instructed in their duties through no fault of their own."

Result: Baker wins, 8,994 to 7,537. No runoff necessary.

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