HUNTER, District Judge:
In July of 1961 the Attorney General of the United States filed a complaint in the District Court for the Southern District of Mississippi against A. L. Ramsey, Circuit Court Clerk and Registrar, Clarke County, Mississippi, and the State of Mississippi, under the Civil Rights Act of 1957 and 1960 (42 U.S.C.A. § 1971 et seq.). The complaint alleges that defendants, in conducting registration for voting, have engaged in certain racially discriminatory acts and practices which deprived Negro citizens of Clarke County of the right to register to vote; that these deprivations were pursuant to a pattern and practice, and that unless restrained, defendants will continue to engage in such acts and practices. The prayer is for:
A. A finding of a pattern and practice and the issuance of an injunction ordering defendants to refrain from:
(1) Engaging in any act which would deprive any citizen in Clarke County of the right to vote on account of hi’s race or color;
(2) Engaging in any act which would delay, prevent, hinder or discourage qualified Negro citizens, on account of their race or color, from applying for, and becoming, registered voters;
(3) Failing to register any Negro applicant who possesses the same or similar qualifications of the least qualified white person who has been registered.
After a long, hard, and well fought trial, the District Court made specific findings of fact and conclusions of law and entered its decree, which:
1. Dismissed the complaint against Mississippi;
2. Found that Negro citizens had been discriminated against by the Registrar, but that this discrimination did not form a pattern or practice of discrimination within the meaning and contemplation of 42 U.S.C.A. 1971(e);
[826]*8263. Granted to the United States injunctive relief against the County Registrar, A. L. Ramsey, enjoining and restraining him from engaging in any act or practices which would deprive any citizen in Clarke County of the right to vote on account of his race or color. The injunction was detailed.1
It is fair and accurate to say that in substance what the District Court ordered was full and non-diseriminatory compliance with the law of Mississippi. No finding of any unconstitutionality of any Mississippi constitutional or statutory provision is sought by the United States.2 However, the United States appealed, assigning three specific errors:
(1) The District Court erred in dismissing the amended complaint as to the State of Mississippi.
(2) The District Court erred in refusing to find that the discrimination found to have been committed constituted a pattern or practice of discrimination.
(3) The District Court erred in not granting the complete relief sought by appellant as outlined in appellant’s proposed decree.
The initial error assigned is the District Court’s dismissal of the State of Mississippi as a party. Under our holding in United States v. Atkins, 5 Cir., 323 F.2d 733, 739, we do not think that it was improper to eliminate the State as a party. There, we referred to 42 U.S.C.A. § 1971(c), as amended by the Civil Rights Act of 1960, § 601(b), and to the case of United States v. Alabama, 1960, 362 U.S. 602, 80 S.Ct. 924, 4 L.E.2d 982, and stated:
“In that case, the Supreme Court intimated no views upon 'any defenses, constitutional or otherwise, that may be asserted by the State.’ We follow the same course in the present case.”
Inasmuch as full and complete relief can be afforded here without enjoining the State, we hold that the court below was correct in its dismissal of the State as a party.
Some discussion was had between the parties in the argument of this case concerning the application of the freezing principle. As shown in the Atkins decision, this Court has had the principle under discussion, but has not been faced with a case which required a decision on the subject. Under the facts here, we think that adequate and proper relief is provided by the judgment of the court below, as hereinafter modified, and we pretermit further discussion of the principle.
And the same is true of the appellant’s contention with respect to pattern and practice.
Defendant vigorously challenges the finding of discrimination. In the face of testimony which witness by witness convicts Ramsey of palpable discrimination, the District Court was certainly correct in its finding of discrimination. The Government argues strenuously that the lower court erred in not finding a pattern of discrimination. Assuming that the District Judge would have been justified in finding the existence of a “pattern or practice of discrimination,” we pretermit any definitive action on this facet of the case because we feel it was within the District Judge’s discretion to omit action on that phase of the complaint (United States v. Raines, D.C., 203 F.Supp. 147 (1961)). It is apparent to us that the District Judge has obviously made an intelligent and sincere effort to guarantee to all persons in Clarke County, regardless of race, a full opportunity to register and vote without discrimination. He has granted a sweeping injunction against discrimination. The relief granted appears to be carefully designed to provide to Negro citizens of Clarke County the greatest pro[827] ‘tection and safeguard of their right to register and vote, while maintaining, as far as is consistent with the requirements of the Fourteenth and Fifteenth Amendments, the delicate balance between State and Federal relations. Registration is a State function; it can best be carried out by the appropriate State officials. But, if one man’s rights are denied, the rights of all are endangered. In our country the courts have a most important obligation to protect the rights of all and to do it as harmoniously as possible. In his endeavor to do just this, the District Judge obviously thought it best not to make a specific finding that there was a “pattern.” We do not believe that by the language of subsection (e) of 42 U.S.C.A. § 1971 the Congress of the United States intended to impose upon the district courts the mandatory duty of making a finding as to whether a previously found deprivation of rights or privileges was or is pursuant to a pattern or practice, regardless of the District Court’s opinion as to the necessity or non-necessity of making such a finding. A federal district court is a court of equity, and as such has broad powers of discretion. Judge Cox heard the evidence; he knows the circumstances ; he is the appropriate person to decide what orders are proper and necessary. Discretion is a fundamental attribute of equity. “Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs.” This language is quoted from the decision of the Supreme Court in Brown v. Board of Education, 349 U.S. 294, 75 S.Ct. 753, 99 L.Ed. 1083. What the Supreme Court said there dealing with the question of segregation in the public schools is equally applicable here. And cf. United States v. Raines, D.C., 203 F.Supp. 147, citing Hecht Company v. Bowles, 321 U.S. 321, 64 S.Ct. 587, 88 L.Ed. 754.
Within the last few days, the Supreme Court has granted its specific approval to the choice by the District Judge of the remedy he will select in carrying out his injunctive order. The District Court of the United States for the Southern District of Mississippi had 3 declared the rights of the Negro plaintiffs, but declined to issue an injunction, using in part this language:
“I am further of the opinion that during this period of turmoil the time now has arrived when the judiciary should not issue injunctions perfunctorily, but should place trust in men of high character that they will obey the mandate of the Court without an injunction hanging over their heads. Neither the facts in the present case nor the exigencies of the situation are sufficient or urgent enough to require the granting of an injunction.” (206 F.Supp. page 548).
The Court of Appeals for the Fifth Circuit affirmed the action of the District Court, 313 F.2d 637. The Supreme Court4 denied certiorari, thus leaving in effect this Court’s holding that the discretion of the District Court was correctly used in declaring the rights of the plaintiffs, but declining to issue an injunction.
So here, the District Court has granted substantial relief to the plaintiffs, and the relief so granted was, in his opinion, sufficient under the circumstances to guarantee to all persons in Clarke County, regardless of race or color, a full opportunity to register and vote without discrimination. Both the State’s rights and the rights of the United States were safeguarded. The rightful authority of the United States was vindicated and the District Judge, familiar with the facts, selected the method of enforcement which he thought was most appropriate. If good faith non-diseriminatory registration is not provided, the remedy will be to reopen the ease so that the District Judge may grant whatever further relief the facts may justify. The case will remain on the docket of the District Court [828] and that Court will retain jurisdiction of the entire matter for the purpose of making any and all additional findings and conclusions and of entering any and all additional orders as may, in his opinion, be necessary or appropriate.
DID THE DISTRICT COURT ERR IN NOT GRANTING THE COMPLETE RELIEF SOUGHT BY THE GOVERNMENT?
Registration is a prerequisite to voting in Mississippi. Registration is permanent.5 The United States asks that we reverse the District Judge and order him to enter a mandate setting forth certain specific requirements to enable a man to register in Mississippi; then the Government requests that the mandate be amplified by spelling out for the Registrar just what standards he must apply. Admittedly, this would force the Registrar to violate the law of his State.
Under Mississippi law (Mississippi Code, §§ 3113 and 3239) the Commissioners of election of each county have the duty to erase the names of all persons erroneously registered. These commissioners also have the mandatory duty (Mississippi Code, § 3226) to correct all illegal or improper registrations. Any elector has the right to appeal from any decision of the commissioners in failing to correct illegal or improper registration (Mississippi Code, § 3228).
The aim of equity is to adapt judicial power to the needs of the situation. The District Judge’s opinion that this matter could best be handled in the manner he has handled it is proven by the record, which is encouraging, to say the least.
Since the rendition of the District Court’s decision of February 5, 1963, the affidavits show that:
(1) Ramsey has not committed any acts of discrimination.
(2) The members of the Clarke County Election Commission have examined the testimony in this case with the view of ascertaining whether or not any of those who testified, were illegally registered, and thereafter removed from the poll books-the names of at least 24 white voters-whose testimony upon examination reflected that they had either been illegally or improperly registered.
(3) Since January 1, 1963 up to- and including November 3,1963, the,. Registrar had received written applications to vote in Clarke County from 246 persons; that of this number, 183 white persons made application for registration and 63 Negroes-made application for registration. Nine of the white people have failed to be registered and 174 white people-were registered. Of the 63 Negroes applying for registration, 42 have-been registered and 21 have not been registered. Of this number, 16 did not sign nor complete same; one was failed because the application was illegible.
Despite evident shortcomings in the-past, we have no reason to believe that, the Registrar is not making a good faith, attempt to register voters without conscious race discrimination just as he was-ordered to do. We feel the people of Clarke County will see that this matter is handled harmoniously and without discrimination. Mississippi law provides adequate remedies for the purging of' these improperly registered voters, and a proper reinvigoration of state responsibility it is hoped will make unnecessary any further incursion of federal authority into Clarke County.
It is only when a State shirks its responsibility that the federal government enters the picture. The paramount interest of this fabulous country of ours-requires that both our State’an'd National governments be permitted, without unnecessary interference on either side, to-exercise all powers that are legitimately theirs. The rights of each must be mutually respected. This is essential to the preservation of our freedoms and the per[829] petuity of our system of government (which has given to each American a broader and fuller freedom than anywhere on earth). Here, the Registrar discriminated. The National Government intervened, and its position was fully vindicated by the District Judge, but in vindicating that position he very discreetly did not permit his zeal to needlessly supplant local responsibility.
The judgment of the District Court is amended by enjoining not only the present Registrar, but also his successors in office. Then, too, to insure proper compliance and allay the Government’s fears, Ramsey and his successors are directed to file monthly reports with the Clerk of the District Court, reflecting the name, address and race of each applicant for registration, the disposition of each application, and if rejected, the reason therefor.
The District Court shall retain jurisdiction of this cause for purposes here enumerated and for the purpose of issuing any and all additional orders that may, in its judgment, become necessary or appropriate for the purpose of modifying and/or enforcing its decree.
As amended, affirmed.
APPENDIX A
The District Judge granted injunctive relief against the County Registrar, A. L. Ramsey, enjoining and restraining him from:
(a) “Registering illiterate citizens to vote or allowing any citizens who cannot read and write to register or re-register to vote in Clarke County, Mississippi, or to be placed on the registration books of the county by any one else (not his deputy) while he holds such office;
(b) “Neglecting, delaying, failing or refusing to give the statutory test to adult citizens of the county who are otherwise qualified and appear at his office, or other designated place, and apply for registration to vote in the county; and the county registrar (Ramsey) is ordered and directed to make the test of each applicant promptly as required by H.B. 900 Mississippi Laws 1962 and to process such applications, pass on them and grade them by the same standards and in the same way for all citizens of the county of both races exactly alike;
(c) Delaying in deciding whether or not the application in each case has justly and properly passed such test by approved standards and requirements of state law; and defendant (Ramsey) is ordered and directed to communicate the result of such test to the applicant upon his inquiry as provided by H.B. 903 Mississippi Laws 1962 in every case without distinction or discrimination in any manner or to any extent as to race or color;
(d) Discouraging, deterring, preventing or delaying any otherwise qualified citizen of Clarke County from registering to vote; and defendant (Ramsey) is ordered and directed to accord every Negro-applicant (otherwise qualified) the same courtesy, assistance and facility which he accords any white applicant who appears for registration or re-registration as a voter in that county;
(e) Registering or re-registering, or allowing any person or citizen to register or re-register who does not personally appear before the registrar or a duly appointed qualified deputy, and personally sign the registration book and statutory oath, or personally request the registrar to sign for him or her according to law and not otherwise, as provided by H.B. 900, supra;
(f) That the defendant, A. L. Ramsey, as county registrar of Clarke County, Mississippi, is ordered and directed to select and keep in such use a number of sections of the Mississippi Constitution which he deems fair, reasonable and proper for use in testing all such applicants during his term, and he shall write the number of such selected sections on separate slips of paper which he shall deposit and keep in a container therefor; and each applicant shall not be allowed to see what section number he is drawing from such container but he shall be permitted to blindly draw one such section number from said container and said section of [830] the Mississippi Constitution thus drawn by the applicant shall be used by the registrar in administering the test to said applicant; and the registrar is enjoined and directed to fairly and properly and impartially administer such test and to .judge the result thereof by the same standard for all such applicants alike without distinction or discrimination as to race or color.
APPENDIX B
MISSISSIPPI CODE
•Section 3113. Commissioners to revise registration and poll books.
On the third Monday of July prior to •any regular election, and five days before ■any other election, the commissioners of ■election shall meet at the office of the registrar and carefully revise the registration books and the poll books of the several election districts, and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors for any cause; and shall register the names of all persons who have duly applied to be registered, and have been illegally denied registration; and no name shall be permitted to remain on the poll books except such as are duly qualified to vote in the regular election. No person .shall vote at such primary whose name is not on the poll book. At the meeting held under this section, the commissioners shall exercise all the functions authorized under the chapter on Registration and Elections and at the October meeting shall only attend to what has since occurred in the way of disqualification or death of electors, or what was before overlooked.
Section 3224. Appeal by person denied registration.
Any person denied the right to register as a voter may appeal from the decision of the registrar to the board of election commissioners by filing with the registrar on the same day of such denial or within five days thereafter, a written application for appeal.
Section 3225. Appeal by other than person denied.
Any elector of the county may likewise appeal from the decision of the registrar allowing any other person to be registered as a voter; but before the same can be heard, the party appealing shall give notice to the person whose registration is appealed from, in writing, stating the grounds of the appeal; which notice shall be served by the sheriff or a constable, as process in other courts is required to be served; and the officer may demand and receive for such service, from the person requesting the same, the sum of one dollar.
Section 3226. Meetings of commissioners to hear appeals.
The board of commissioners shall meet at the courthouse of their county on the first Monday in October after appointment, and shall remain in session from day to day, so long as business may require. Two commissioners shall constitute a quorum to do business; but the concurrence of at least two commissioners shall be necessary in all cases for the rendition of a decision. The commissioners shall hear and determine all appeals from the decisions of the registrar of their county, allowing or refusing the applications of electors to be registered; and they shall correct illegal or improper registrations, and shall secure the elective franchise, as effected by registration, to those who may be illegally or improperly denied the same.
Section 3227. Appeal heard de novo.
All cases on appeals shall be heard by the boards of election commissioners de novo, and oral evidence may be heard by them; and they are authorized to administer oaths to witnesses before them; and they have power to subpoena witnesses, and to compel their attendance; to send for persons and papers; to require the sheriff and constables to attend them and to execute their process. The decisions of the commissioners in all eases shall be final as to questions of fact, but as to matters of law they may be revised by the circuit and Supreme Courts. The [831] registrar shall obey the orders of the commissioners in directing a person to be registered, or a name to be stricken from the registration books.
Section 3232. Form of poll book.
The poll book of each election district shall have printed or written at the top of each page words to designate the election district for which it is to be used, and shall be ruled in appropriate columns, with printed or written headings, as follows : Date of registration; name of electors ; age; color; and a number of blank columns for the dates of elections. All who register within four months before any regular election shall be entered on the poll books immediately after such election, and not before, so that the poll books will show only the names of those qualified to vote at such election. When election commissioners determine that any elector is disqualified from voting, by reason of being delinquent for poll tax, removal from the precinct, or other cause, that fact shall be noted on the registration book and his name shall be erased from the poll book. After disqualification for delinquency has been removed in subsequent years, the name of such elector shall be reinstated on the poll book without re-registration, and that fact shall be noted in the registration book.
Section 3228. Appeal from the decision of the commissioners.
Any elector aggrieved by the decision of the commissioners, shall have the right to file a bill of exceptions thereto, to be approved and signed by the commissioners, embodying the evidence in the case and the findings of the commissioners, within two days after the rendition of the decision, and may thereupon appeal to the circuit court upon the execution of a bond, with two or more sufficient sureties to be approved by the commissioners, in the sum of one hundred dollars, payable to the state, and conditioned to pay all costs in case the appeal shall r t be successfully prosecuted; and in case the decision of the commissioners be affirmed, judgment shall be entered on the bond for all costs.
Commissioners to revise registration books. Section 3239.
On the first Monday of October preceding a general election and five days before any other, the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and the poll books of the several election districts, and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed, or become disqualified as electors from any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration.
Section 3240. Commissioners to revise registration books.
On the Tuesday after the third Monday in March 1939 A.D. and every year thereafter the commissioners of election shall meet at the office of the registrar and carefully revise the registration books and poll books of the several election districts and shall erase therefrom the names of all persons erroneously thereon, or who have died, removed or become disqualified as electors for any cause; and shall register the names of all persons who have duly applied to be registered and have been illegally denied registration ; and no name shall be permitted to remain on the poll books except such as are fully qualified electors.
For the necessary time spent in the revision of the registration books and poll books as provided in section 1 hereof (first paragraph hereof), the commissioner of election shall be entitled to draw the sum of $5.00 per day, to be paid from the general fund of the county.
Section 3226.5. Hearing of appeals at other meetings.
The commissioners of election of each county shall, at the meetings provided for by Sections 3113, 3239 and 3240 of the Mississippi Code of 1942, hear and determine any appeals which may have been perfected and which are pending on the respective dates provided for in said Sections 3113, 3239 and 3240, from the decisions of the registrar of their county al[832] lowing or refusing the applications of persons to be registered. The above date for hearing said appeals is supplemental to the provisions of Section 3226 of said Code.
MISSISSIPPI CONSTITUTION
Mississippi Constitution, section 241 provides :
Every inhabitant of this state, except idiots, insane persons and Indians not taxed, who is a citizen of the United States of America, twenty-one years old and upwards, who has resided in this state for two years, and one year in the election district, or in the incorporated city or town in which he offers to vote, and who is duly registered as provided in this article, and who has never been convicted of bribery, theft, arson, obtaining money or goods under false pretense, perjury, forgery, embezzlement or bigamy, and who has paid on or before the first day of February of the year in which he shall offer to vote, all poll taxes which may have been legally required of him, and which he has had an opportunity to pay according to law for the two preceding years, and who shall produce to the officers holding the election satisfactory evidence that he has paid such taxes, is declared to be a qualified elector; but any minister of the gospel in charge of an organized church, or his wife legally residing with him, shall be entitled to vote after six months’ residence in the election district, incorporated city or town, if otherwise qualified.
Mississippi Constitution, section 241-A provides:
In addition to all other qualifications required of a person to be entitled to register for the purpose of becoming a qualified elector, such person shall be of good moral character.
The Legislature shall have the power to enforce the provisions of this section by appropriate legislation.
Mississippi Constitution, section 244 provides :
Every elector shall, in addition to the foregoing qualifications be able to read and write any section of the Constitution of this State and give a reasonable interpretation thereof to the county registrar. He shall demonstrate to the county registrar a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government.
The person applying to register shall make a sworn, written application for registration on a form to be prescribed by the state board of election commissioners, exhibiting therein the essential facts and qualifications necessary to show that he is entitled to register and vote, said application to be entirely written, dated and signed by the applicant in the presence of the county registrar, without assistance or suggestion from any person or memorandum whatever; provided, however, that if the applicant is unable to write his application by reason of physical disability, the same, upon his oath of such disability, shall be written at his unassisted dictation by the county registrar.
Any new additional qualifications herein imposed shall not be required of any person who was a duly registered and qualified elector of this state prior to January 1, 1954.
The Legislature shall have the power to enforce the provisions of this section by appropriate legislation.
Mississippi Constitution, section 249 provides :
No one shall be allowed to vote for members of the legislature or other officers who has not been duly registered under the Constitution and laws of this state, by an officer of this state, legally authorized to register the voters thereof. And registration under the Constitution and laws of this state by the proper officers of this state is hereby declared to be an essential and necessary qualification to vote at any and all elections.
Mississippi Code, section 3204 provides:
There shall be a state board of election commissioners, to consist of the governor, the secretary of state, and the attorney-general, any two of whom may perform [833] the duties required of the board; a board of election commissioners in each county, to consist of three discreet persons who are freeholders and electors in the county in which they are to act, and who shall not all be of the same political party, if such men of different political parties can be conveniently had in the county; and a registrar in each county who shall be the clerk of the circuit court, unless he shall be shown to be an improper person, to register the names of the electors therein.
Mississippi Code, section 3206, provides:
The state board of election commissioners, on or before the fifteenth day of February succeeding each general election, shall appoint in the several counties registrars of elections, who shall hold office for four years and until their successors shall be duly qualified. And the registrar is empowered to appoint a deputy registrar, with the consent of the board of election commissioners, who may discharge the duties of the registrar.
Mississippi Code, section 3213 (1962 Supp.), provides:
A person shall not be registered unless he be able to read and write any section of the constitution of this state and give a reasonable interpretation thereof to the county registrar. He shall demonstrate to the county registrar a reasonable understanding of the duties and obligations of citizenship under a constitutional form of government; he shall also demonstrate to the county registrar that he is a person of good moral character.
The person applying to register shall make a sworn, written application for registration on a form prescribed by the state board of election commissioners, exhibiting therein the essential facts and qualifications necessary to show that he is entitled to register and vote, said application to be entirely written, dated and signed by the applicant in the presence of the county registrar,‘without assistance or suggestion from any person or memorandum whatever; provided, however, that if the applicant is unable to write his application by reason of physical disability, the same, upon his oath of such disability, shall be written at his unassisted dictation by the county registrar. As originally enacted each provision is and it is further declared to be mandatory and not directory; no application should have been and shall not be approved or the applicant declared qualified to register to vote unless all blank spaces in the application and the oath are properly and responsively filled out by the applicant; and the oath, as such, shall be signed by the applicant; and the application, as such, shall be signed separately by the applicant at the places thereon provided for applicant’s signature.
Provided, however, the provisions herein imposed shall not be required of any person who was a duly registered and qualified elector of this state prior to January 1, 1954; except that from and after the effective date of this act no person shall be permitted to register unless he demonstrates to the county registrar that he is of good moral character as required by the provisions of Section 241-A of the Constitution of Mississippi.