William O. Douglas

William O. Douglas

Summary

Portrait of William O. Douglas William O. Douglas Cruz v. Hauck — Concurrence

Respondent offers none but simply repeats the discredited maxim that paupers' appeals are privileges, not rights. [14]
Thus, I would not remand this case on the limited ground that the Court of Appeals may have underestimated the weight of the petitioners' claim. Rather, I would hold that upon a showing of poverty courts of appeals henceforth must waive prepayment and may not inquire into whether an appeal may eventually pose a fruitful issue, at least in cases, such as this one, involving fundamental civil liberties.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Cruz v. Hauck — Concurrence

Whatever security measures may be needed respecting books, it is not conceivably plausible to maintain that essential books can be totally banned.
That question is submerged in this case as the initial issue concerns these prisoners' request to proceed in forma pauperis on appeal from the District Court's dismissal of their action, the Court of Appeals having refused to docket their cases without prepayment of filing fees and security which litigants normally advance.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Cruz v. Hauck — Concurrence

Connecticut can safely rest on only one crucial foundation-that the civil courts of the United States and each of the States belong to the people of this country and that no person can be denied access to those courts, either for a trial or an appeal, because he cannot pay a fee, finance a bond, risk a penalty, or afford to hire an attorney.' Meltzer v.
Source: Wikisource

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