1 20 1089 https://projectdaps.org/files/original/a357376a2a400f5e2186cfec49e16b7b.pdf af1bf7cf384d0605c435a4b0b4557aef PDF Text Text 12/11/64- B a rb a ra , I*m n o t p l e a s e d w i t h th e way t h i s l o o k s s h u t d iem 11 h ave tim e to w ork on i t to make i t lo o k b e t t e r . C o u ld n 't g e t Mr. M i t c h e ll ; d i d t e l l E ev.M urray a b o u t i t an d he was p l e a s e d . K a th ry n H e a d lin e s i n th e W ashington P o s t 1 2 /1 1 /6 4 re a d ! "19 M ISSISSIPPI SUSPECTS PEEED". I t was u n b e l i e v a b l e . Those s u s p e c te d o f m u rd erin g t h r e e c i v i l r i g h t s w o rk e rs n e a r P h i l a d e l p h i a , M i s s i s s i p p i , f r e e d . RESPONSES-----R ev. D r. M a rtin L u th e r K ing, J r . , i n O s lo , Norway w here he v/as aw ard ed th e llo b e l P eace P r i z e y e s te r d a y s a i d he w ould c a l l f o r a n economic b o y c o tt o f M i s s i s s i p p i p r o d u c ts u n l e s s M i s s i s s i p p i o r th e F e d e r a l Government c o u ld f i n d ways to b r i n g 1j u s t i c e f o r a l l men" i n t h a t s t a t e . 1 "T his d i s m i s s a l i s f u r t h e r , e v id e n c e o f th e la v /le s s n e s s and c a l l u s n e s s o f th o se who w ould p r e s e r v e s e g r e g a tio n and d i s r i m i n a t i o n " ; t h a t " t h i s m is c a rr ia g e o f j u s t i c e w i l l r e v o l t t h e A m erican p e o p le and w i l l a l i e n a t e p e o p le o f good v / i l l a ro u n d th e w o rld • , " he s a i d . - - ROY WILKINS, e x e c u tiv e s e c r e t a r y o f th e NAACF, s a i d : "We a r e d e e p ly sh o ck ed a s we a r e c e r t a i n m ost A m ericans o f a l l r a c e s a r e . . . We ca n o n ly hope t h a t th e F e d e r a l g ra n d j u r y w i l l r e c e iv e and s tu d y th e FBI e v id e n c e i n t h i s c a s e and ta k e a p p r o p r i a t e a c t i o n to s e e t h a t j u s t i c e i s d o n e ." — CORE c h a rg e d : "The k i l l e r s o f th e s e young men m ust be b r o u g h t to t a s k f o r t h e i r b r u t a l v e n d e t t a . And CORE u rg e d "speedy and v ig o r o u s p r o s e c u t i o n . " JAMES FARMER, CORE’ S n a t i o n a l ch airm an s a id : " I f i t sh o u ld b e im p o s s ib le to g e t even a n in d ic tm e n t f o r th e a c c u s e d (men) . . • th e n th e number one ite m on th e N a tio n ’s ag en d a m ust be a d r a s t i c o v e r h a u lin g o f th e N a t i o n 's j u d i c i a l s y s te m ." ***************** * WHAT W E C A N D O * WRITE P r e s i d e n t Lyndon B. Jo h n so n , th e W hite * * * * * * * * * * * * * * * * * :House and A c tin g A tto r n e y G en eral K a tz e n b a c h , D ep artm en t o f J u s t i c e , u r g in g them to ta k e im m ediate s t e p s to se e t h a t th e m u rd e re rs o f th e t h r e e c i v i l r i g h t s w o rk e rs a r e p r o s e c u te d . Ask them to p r o v id e a d e q u a te p r o t e c t i o n f o r a l l c i v i l r i g h t s w o rk e rs i n th e s t a t e . Remind th e P r e s id e n t t h a t i n h i s l a t e s t sp e e c h to d e l e g a t e s to th e n a t i o n a l Urban L eague c o n fe re n c e he s a i d he w ould n o t be s a t i s f i e d u n t i l e v e r y Negro "has th e r i g h t , u n q u e s tio n e d and u n r e s t r a i n e d , to go i n and c a s t h i s b a l l o t i n e v e ry p r e c i n c t i n th e c o u n tr y . . . " BOYCOTT M ISSISSIPPI PRODUCTS ( L e a f l e t on th o s e it e u 3 v / i l l f o llo w l a t e r ) . & # ■£*#* * * * * * * * * * * * * * W HAT W CAN DO LOCALLY E * * * * * * * * * * * * * * * * * * y: . . 7• C a ll M r.Jo h n R o b in so n , \ f ^ <371-5770 f o r f u r t h e r \ __ , in f o rm a tio n * ,, * H elp Needed i n R e g i s t r a t i o n : o f v o t e r s ; D r i v e r s , to ta k e v o t e r s to th e p o l l s Peo_ l e to v i f t i t o t h e r s to rem ind them to T y te . H elp i n A n ti- P o v e rty Campaign. A l l th e above q u o te s from th e W ashington P o s t o f December 11, 196^ A r lin g to n A s s o c ia te d C i v i l R ig h ts O r g a n iz a tio n s � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "19 Mississippi Suspects Freed" Flyer, Arlington Associated Civil Rights Organizations Description An account of the resource Flyer produced by the Arlington Associated Civil Rights Organizations regarding the freeing of "those suspected of murdering three civil rights workers near Philadelphia, Mississippi" and calls for action in response. Note to Barbara Marx from Kathryn at the top. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Community Council for Social Progress Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_3_6_3_16 https://projectdaps.org/files/original/ec614939538bb88e54ca8a46d91e048b.pdf 7ce8995efecf8f84b190d83acd84398a PDF Text Text A LETTER TO UNREGISTERED NEGRO CITIZENS OF ALEXANDRIA WHO HAVE PAID THEIR VOTING TAX April 28, 1961 Dear Negro Citizen of Alexandria: A few days ago a Negro citizen of Alexandria was mysteriously shot and killed in his homo by an Alexandria policeman. The colored population has been up in arms ever since the incident s These citizens have been demanding JUSTICE, And the other day. D R e MARTIN LUTUER KING., leader of the Iloutgoraery (Alabama) boycott, was asked this question: "What can Negroes do to get JUSTICE?" This is whan 1&B2IN LUSHER KING said: "The most significant step the Negro can take /tawards JUSTICE/ is that short walk to the voting booth*." A few Negroes voters of Alexandria took that "short walk" in the Demo cratic Primary election for City Council on April 4 „ These few 17eg.ro Toters ' of Alexandria help elect three NEW councilman and defeat one who has opposed • more public housing, slum clearance, and urban renewal. These few Negroes voters could have done more than this and can do more if they can get some help from YOU, Hore can be done in Alexandria to get Negroes JUSTICE if YOU go downtown to REGISTER as a voterd m3 have examined the latest City Treasurer1 s tax list and we find that YOU are eligible to REGISTER to vote now, if you have not al ready done so. We found that YOU have already paid your voting tax for years straight (the requirement)., but YOU just have not REGISTERED to vote yet, Five Negroes are running for public office in Alexandria (a first) this year. One Negro is planning to run for School Board appointment. But the five of us are running for seats on the Democratic Committee on July 11. On this same day, the Governor of Virginia, Lt, Governor, and Attorney General are chosen in a state-wide primary election too. General Elections for City Coun cil is on June 13 . But YOU cannot vote for us, ncr the state officers, nor the City Council if YOU have no'c REGISTERED to vote yeti Me have a ohar.ce to put good men down at Richmond cn July 11; we have a chance to defeat Delegate Thomson, the segre gationist, on July 11; We have a chance to elect Senator Armistead Boothe our Ltj Governor on July 11, and we have a chance to get a new Ciuy Council and a Negro on the School Board this year if we can get some help from YOU. YOU can best help by becoming a REGISTERED voter, Ue can get more housing, decent homes, Negro policemen and better city and private jobs for Negroes if we had more Negro voters*. The more Negro votes t.nere are downtown the mere pressure is put on the people in city hall 0 Help us ger. elected and help us get some JUSTICE by REGISTERING to vote. Note, the tax list shows that you have already paid all of your voting taxes. All YOU have to do is REGISTER to become a voter. �- 2 - Remember, too, that nobody stops anyone from REGISTERING and VOTING in Alexandria. YOU can't blamo it on "then! downtown J ' REGISTRATION is not hard " either. YOU just fill out a simple form and you are a REGISTERED voter and a first-class citizen for the first time,,. Saturday., May IJ,’is the last time you can register to be able to.vote in tjse June City Qene'ral ElecTm 6ns~ariiI the elections on the 11th of .July (tlie tiine tp vote for US). , V *' The registration office is located at ROOM 113 of City Hall At the corner of South Royal and Cameron Streets „ >The office i£ op#n Monday to Fri day from 9 to 5? It will bo open f more SATURL^YS^Som '$ to 12. Ho on for those who work in the daytime thlJ p iy/eek and cannot ge*** £o'the office before M 5 P. M. The SATURDAY openings are?pa»T<SATDRDAY, « a y 6 »ad SATURDAY, May 1J, which is the last day. , ! •* * Please REGISTER to vote b y May 15, if you have not done so already. And, remember, if you want to vote in the November general election for state of ficers, your now poll tax has to be paid by May 6 . Help us get this JUSTICE that MARTIN LUTHER KING talks about. We ALL can get it by being REGISTERED voters and voting. Should you need any help, information about registering, or transportation to the REGISTRATION office, call on one of us. RICHARD H. POOLE, Democratic Committee Candidate, Cameron Street Center, 5d Ward 311 North Patrick Street KI 9-1072 MRS. HATTIE BROOKS, Democratic Committee Candidate, Powhatan Traffic Center, 3d Ward 619 North Columbus Street TS 6-3820 REV. WILLIAM H. THOMAS, Democratic Committee Candidate, Cameron Street Center, 3d Ward 9l6 Queen Street KI 9-0997 MRS. HAZEL L O M U Democratic Committee Candidate, Fioklin School District, 1st Ward 1020 North Fairfax Street KI 8-2992 LEONARD S. SECT®, Democratic Committee Candidate, Prince Street School, Iith 'Ward 127 South West Street TE 6-7003 �•1* • •** ^ I!)* -IrJ X CluLickj ]/l^u xc c- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "A Letter to Unregistered Negro Citizens of Alexandria Who have Paid Their Voting Tax," 1961 Description An account of the resource "A Letter to Unregistered Negro Citizens of Alexandria Who have Paid Their Voting Tax," dated April 28, 1961, is a call to action for African-Americans to register and then vote for African-American candidates and candidates friendly to civil rights. Mentions a shooting death in Alexandria, probably that of Emmet Chavis. Gives detailed instructions on how to register in Alexandria. Verso of second page has postmark, stamp, and E. B. Henderson address. Three pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Alexandria Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1961 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_1_8_42 https://projectdaps.org/files/original/0b82c6d6caacd772c2e31b7867feac64.pdf a2152d0772646c4f4cc6e855d6b0308a PDF Text Text P age / Z B L O C K W O R K E R KI T 2. Instructions for B l o c k Leaders 3. S u r v e y c a r d s ( e n o u g h cards f o r e a c h a dult in h is or h e r block). U p o n i n t e r v i e w i n g h is or her n e i g h b o r s , the b l o c k w o r k e r will fill in i n f o r m a t i o n p e r t i n e n t to v o t e r r e g i s t r a t i o n a n d r e t u r n the c a r d s to the local v o t e r r e g i s t r a t i o n h e a d q u a r t e r s . E X A M P L E OF S U R V E Y C A R D ; (page T h i s type of S u r v e y C a r d is u s e d in V i rginia. I n f o r m a t i o n w i l l v a r y a c c o r d i n g to locality. N a m e ____________________________________ Precinct A d d r e s s __________________________ P hone Y ES O v e r 21 y e a r s C old? O ver one y e a r ' s residence in V i r g i n i a ? NO □ j H ave y o u p a i d y o u r poll □ □ □ 1956? □ □ 1957? A r e y o u a r e gistered v o t e r □ n □ □ □ in V i r g i n i a ? t a x for 1958? 1|. A lined s h e e t of p a p e r for the B l o c k W o r k e r ' s personal E X A M P L E OF P E R S O N A L R E C ORD: NAME ADDRESS PHONE POLL TAX 56 >7 T B REGISTERED record. The �TO B E C O M E O N E Y O U W H O R E A L L Y M U S T R C O U N T S e g i s t e r V T H A T IS AS E A S Y A S C O U N T I N G ON Y O U R F I N G E R S LEARN THESE TEN POINTS BEFORE YOU GO TO REGISTER Be able to write a letter stating them: for example: I, .................... , age 21, apply to register. I was born in (Your name) Maintown, Any state, on January 2, 1937. I live in.............. Virginia, at or near.................... a ........................ (Your occupation) never voted. I have lived there for the past year. and have worked as such for the past year. I am' I have .................................... Sign Your Name YOU CAN BECOME OF SOME ACCOUNT by paying $5.01 or less (for Poll Taxes due) to your County or City Treasurer DO R E G I S T E R ! IT AND N ’ T ! !f 0 W T H E N V O T E ! � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Block Worker Kit," 1958 Description An account of the resource Page 12 of unnamed larger manual; this page is the "Block Worker Kit" for 1958. Provides instructions and sample paperwork that volunteers can use to help register voters. Verso has instructions for African-Americans who want to register to vote in Virginia, including poll tax and registration writing test. Two pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource unknown Date A point or period of time associated with an event in the lifecycle of the resource 1958 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_8_1_9 https://projectdaps.org/files/original/d4261f88e61b9232b0958d65cdaf86b3.pdf 650e5f6dc8d500a1c066440bd558b761 PDF Text Text v i ■ ; iy ) L 13 IV f a r * V~ Brief of Desegregation - Cronological btory Virginia Arlington Sept.'/,? Constance Carter case starteb June '50lith Circuit Court of Appeals orders Arl. to provide equal facilities for Negroes at Hoffman-Boston. Aug.30,'54-Gray Commission appointed by Gov. Stanley to study effect of Supreme Court de-segregation decision. <5a.>JU.C X July 2f},'55 Arl. School Bd. petitioned to start de-seg. Announced it had no plans for Sept. (r . 1 '/ Gray Report given Gov. Stanley. Special Session of Assembly voted to hold a Referendum election on amending Constitution to permit tuition grants for private schooling. Jan. 9th.,’56 a 2 to 1 vote carried to hold Convention for Const.change. Jan.lA'5o, Arl.School Bd. announced de-seg. plan contingent on passage of Gray proposals. Elem.schools to de-seg.incept.'5o; Jr. Highs in Sept.'57; Sr.Highs in Cept.’5b. Parents so desiringfcoula have children trans ferred but transportationnot to be supplied. Gen. Assembly was indignant with Arl.Co. for jumping gun, and passed Moncure bill Fe.28,'56., taking away Arl's. Elected school 3d. gl'' — March,195b, Constitutional Convention amended Const...Gray plan not passed J C a 1?7 >> Arl.de-segregation suit filed May 17,'56 May,'56.,^filed in Charlottesville and Norfolk. July 23,'56. Gov.Stanley said"There will be no mixing of races anywhere in Va." special session called for in August. Stanley plan of Massive Resistance presented. Sept.14,'57 Judge Bryan ordered 7 Negroes \ into Arl.Schools, but later stayed his ordery? to permit appeal. ' ' — Sept.22, ,j6.Assembly passed fund cut-off law; tuition grants ;state : Placement act; school closing law; 6 anti-NAACP laws; Joint Resolution barring integrated, interscholastic athletic competition in Va. / A year was token up by legal delay...Appeal from Federal District / judges’ oruer to higher courts. Nov.5>'^7 Atty.Gen.almond elected on Massive resistance platform More appeals and more delays followed but in summer of 195b Negro pupils were ordered into Norfolk and Charlottesville for September. �L)e-Se ; **tory-Contiiiued. pa ~e 2 . , Vir ;inia Arlington Sept2-3 '58| Hearings on appeal of 30 Negroes to Arl.Schools, all had oeen rejectea by bchoc^ Boara on 5 criteria. Sept. 5 , ' . Judge Paul directed Warren Co. to admit 22 Negroes to the County's only high school. On Sept.12 Warren oo.High was closed by almon Two schools in Charlottesville and 6 in Norfolk followed in a few weekk, Sept.17 Judge "ryan ordered 4 Negroes admitted to Straford Jr. High beginning of next semestei "Preserve c f Schools" groups organized in affected and other areas. j Private schools set up in Norfolk Charlottesville ana warren counties. Norfolk parents challenged Massive assistance laws in courts. J&.19,'55. Va. supreme Court-and a special federal 3-judge court struck down key statutes of Massive Resistance laws. ^ J 0 '®V?j c * Z£ A special session of the Gen, Assembly was called and Gov. Almond recon mended legislation and repeal of state compulsory attendance law. The Gen. assembly recessed until March 31; The Perrow Commission of 40 drew up recommendations. Feb.2, Arl.Stratford Sch.de-i.eg.without diffictfi-^ Feb. 2,-20 minutes later six Norfolk schools de-segregated. ville schools granted a delay until sept. Charlottes Feb. 10, Alexandria admitted 9 Negroes to 3 schools. Feb, 15, Warren High re-opened on Court oraer and 21 Negroes entered but white children boycotted the school. Sept. '1959- No schools in Prince Edward; Charlottesville started with 12 Negroes in 2 schools; 417 white children reported to Warren High. Alexandria had 9 Negroes in white schools. Arlington had 23, 4 in Wash.& Lee ;17 in Stratford Jr. H. k 2 in Henry Elerne.school. CD NOSW3£TN3H April.1959 The Perrow "Freedom of Choice" program was adopted by some ve close votes. Main provisions: Tuition grants to parents of children who attend private non-sectarian schools. Exemption of private schools from local zoning and inspection laws for 2 years. Localities were allowed to pass weakened compulsory attendance laws. New pupil assignment plan to take effect March 30,I960. m Jo,,I960- ien. Assembly met but made no important revisions of Perrow p^s/v, March,I960- state Board of Education did not enact criteria for local school board pupil assignment plan. This prevented adoption of local plans for pupil assignment as the Law provided for filing applications for transfer early in April. Sept. '00. No SChools open in Prince Edward Co. Totalhegroes in "white" schools in Va.- 205. Arl. ha^vhi.ghest number 42; Alex.26; Fairfax 26; Charlottesville jiNorfolk : nichmond Jan.'bl Negro girl admiited to Arl.Night class v eb.21. F a i r f a x 1 i ft.ad b a n n n pt.hlot-.4ro* M a r 4*0 oriont o r 1 i -asm � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Brief of Desegregation" in Virginia and Arlington County, 2 pages. Description An account of the resource "Brief of Desegregation" in Virginia and Arlington County. Chronological story. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Mrs. B.M. Marx Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_6_47 https://projectdaps.org/files/original/c7628e69ad1d1df15acfe4066d5f2a08.pdf 7af76192dc5eb8c5d2284aab8c6883dd PDF Text Text Sr VIRGINIA 'S A-PROJSSaBf^^® 5 " B Z lE G n a iT r a A T IO N P ttQ eR A W COORDINATION AT WORK State leaders meet to launch "Emergency VotcrProoram Meeting of organizations having statewide influence in February, 1959, to plan an Emergency Crash Program. It was promoted by the NAACP which was designated as the coordinating agency. The Steering Committee was com|^ posed of Masons, Elks, the1 Beauticians and NAACP. Mrs. Otelia Jackson was elected President*, at organi zational meeting held in Charlottesville, State PA Committee vT-17^- 200 attend initial meeting of Crusade for Voters-Charlottesvi1le. Norfolk has a Political Alliance - seeks citywide affiliation with all civic and social groups. "Knock On Every Door" Richmond's Crusade lead< trains new worker. Center: Bill Thornton, President of Richmond Crusade for Voters, has cit'fwide influence. '"Negro vote potent force" was the con census of Primary results. Norfolk holds training sessions twice per week. The youth can be invaluable in influencing their parents and community. Executive Secretary charts course. Candidates fo r the House o f Delegates Yr-uth Council m«P» plans for "Operation Citizenship' �INTRODUCTION TO COORDINATION "Our modern world, says John M. Brooks, was built through the principles of coordination. We can and must use the same principles to build up the Negro vote in Virginia." I. COORDINATION Partnerships, cooperatives, corporation:mergers and alliances are all efforts to gain strength by joining hands in some degree with other individuals or groups. The common weakness is votelessness. The alliance sought by the State NAACP is coordination of the efforts of all individuals and/or civic or social groups. We join hands then in a dynamic year-round Political Action Program which in turn will produce a large and intelligent Negro vote. II. WHY WE SHOULD COORDINATE OUR EFFORTS 1. 2. Only 22% of the potential Negro voting population are registered voters. 3. A large number of Negroes qualified to vote do not show up at the polls on election day. 4. A large number of Negroes pay their poll taxes, but fail to register. 5. III. The job is too big for the NAACP alone and too important to the common welfare to run the risk of spasmodic or spot programs. The majority of localities lack organizational machinery to contact the masses of people for the purpose of giving out factual and un-biased infor mation on political candidates and issues. WHAT CAN YOU DO? 1. You can start a coordinating group in your area? 2. You can improve the effectiveness of the group already started (organizations are built)• 3. You can throw your weight behind local independent or other organizations that are doing an effective Political Action job. In this way, you will still have coordination - the NAACP stands ready to join hands with such organizations• ************ ** ************ �PLANNING A YEAR-ROUND PROGRAM I. A TWELVE MONTH PROGRAM A good starting point for your Voter-Registration Program is the day following the November General Election with the year ending on election day. Here's why: 1. 2. II. Payment of the poll tax is the first step to qualifying for voting in the year ahead (1960 in this case). It is normally assessed in November (for some, it's earlier), andf.is payable on or before December 5th without a penalty. A well-rounded program must consider the key dates and events - the December and May poll tax deadlines, the June election (local election for cities), the Primary and General Elections. Leading up to these events, the program should be geared to getting the maximum results whether it is poll tax payment, regis tration, or a Get-Out-The-Vote campaign. A FOUR-PRONG PROGRAM I like to think of the State Conference's Program as having four areas of attack: Promotion, Organization, Campaigning and Training. 1. Promotion - here you are interested in climate building for favorable accep tance of "what istcoming next" be it a move to organize a poll tax-registra tion drive, or to get the voters to the polls. This is done best through leaflets, posters, and continually urging and making announcements especially by your minister (a monthly or bi-monthly sermon would go a long way in main taining the desired climate. 2. Organization - of a coordinating group wherein all forces within the locality is expected to participate: the churches, schools, PTA groups, NAACP, fra ternal, social and civic groups, and just plain interested individuals. Through unity in promotion of the BALLOT a more effective job can be done. With organization goes the responsibility of making it effective through select leadership and a good training program. There is no special time to organize - anytime is the right time. 3. Campaigning - Door-to-door canvassing is the most effective means of selling the ballot. A special campaign should be instituted at least a month in ad vance of the key dates (previously mentioned). Example: a. A Get-Out-The-Vote Campaign should follow this general pattern: (1) (2) (3) (4) (5) (6) 4. . . . . . . A fact sheet mailed to all qualified voters. Exposure of candidates to voters. Initial visit by block or road workers (one to two weeks prior). Last minute visits - not more than two days preceding elections. Telephone calls. Poll watchers, baby sitters, car pools, storm troopers on election day all are a part of this campaign. Training - An active training program is invaluable and the most needed. Leaders, workers and prospective voters; training gives the desired confi dence and skill. The regular scheduled training program can be launched through your coordinating group or its affiliates (Church, PTA, etc.). �I. THE WORKSHOP - AN IMMEDIATE MUST A continuous training program is ideal. The workshop is something every locality can do - NOW. How about it? II. URGENT - PLAN A WORKSHOP 1. Pick a date - a full Saturday might be best. 2. Find a place with adequate facilities - a school building is the first choice. 3. Topics that can be presented (a) (d) 4. Voting requirements (b) organization building (c) the survey (e) just plain Mselling, and others. , worker training Personnel for the shop (Resource) (a) (b) III. Get at least one attraction - expert (c) 5. Use local talent Call on your Director (yours truly) even in the planning stages A workshop thrives on people - all stops need to be pulled out to assure maximum attendance. See Page 3, paragraph (C) of "Spven Steps to Political Freedom” . THE SURVEY - WHY? Despite the questionable accuracy of the figures compiled by the Secretary of the State Board of Elections (as submitted by local clerks and registrars) until these tabulations are proved inaccurate, we*11 be using them and others will too, to our disadvantage. Another factor to face is that the totals for 1958 were submitted during the per iod between January and April 1 of 1959, which in any case, do not reflect the last minute efforts in poll tax payment and registration which takes place dir ectly during the months of April, May and June. I dare say that these months pro duced another 3,000 to 5,000 registered voters for 1958. If they show up it will not be until April 1, 1960. THE LOCALITY AS WELL AS THE STATE IS IN NEED OF AN UP-TO-DATE FIGURE TO WORK WITH. The only way it can be obtained is by way of a survey. NOTE: Again, the workshop can play an invaluable role^in.focusing attention on this need as well as in outlining procedures to follow. In Prince Edward County by use of the survey, we are^jincovering leaders, workers and potential voters that had been given up for Dead. It can do the same for you. IV. THE YOUTH IN "OPERATION CITIZENSHIP" I. The answer - Local mock elections (a) Objectives: 1. To provide a training ground to effectuate 'bperation citizenship1 �2. To generate interest in and provide a working knowledge of local and state government. 3. To prepare the youth for lending aid in selling the ballot to his parents and community. 4. To further coordinate the program of the Youth Council with that of the adults in voter-registration. (b) The General Plan - Youth Chapters promote sponsor and hold mock elections . . for governor and/or other elected officials. (A city manager might be ideal) 1. Candidates (atleast two) may be selected in one of three ways, or a combination of ways. a. b. Allow each geographical division of the city (North, South, East, West) and magisterial districts in the county to run a candidate. c. 2. Hold a primary (elimination contest) Volunteer or independents Candidates will have a campaign committee to a. b. O raise funds (this could be the impetus to meet chapters* money needs) to promote the candidate. 3. A poll tax and registration requirement cou|d be worked out - .15 for polltax and blank paper registration to qualify. 4. Campaign speeches based primarily“o n ’ the facts of politics would offer good training material. 5. Winning candidate (s) will rei|;n for the year as governor, mayor or what have you. 6. A place of honor will be provided for him at the state convention (1960). CONCLUSIONS: I* 'The real pay-off will come when the information learned through participation in the mock election is transferred to the REAL 1HING. II. Ill The Adult Voter-Registration Program needs you. There is nothing more important at this time than ’Insuring good Government” Self-preservation is the first ’ law of nature. In preserving and .improving the institutions in our society, we are not only helping ”ours” but all the people of this Commonwealth. This is not an ultimatum, it is not. the idea is", but the manner in which you approach �LET»S LEARN THIS SOUQ "Lift Every Voice And Sing", while considered, the unofficial MAC? Anthem - IS IS KOI THE NEGRO NATIONAL ANTHEM* Negro Americans, like all other American Citizens have but one National Anthem - THE STAR SPANGLED BANNER* Every Negro who appreciates the struggles, trials, heartaehes, tears and victories made toward Freedom and First Class Citizenship should knew all, three stanzas of the song* . The words are by James Weldon Johnsen, 1871 - 1938, a famous Executive Secretary of the NAACP and it was set to music by his brother J. Rosamond Johnson. James Weldon Johnson - 1871 - 1938 J. Rosamond Johnson - 1873 ~ 19SU LIFT EVERT VOICE AND SING By James Weldon Johnson Lift every voice and sing, 'Til earth and Heaven ring, ! Ring with the harmonies of Liberty! Let our rejoicing rise High as the listening skies, Let it resound, loud as the rolling sea. Sing a song full of the faith that the dark past has taught us. Sing a song full of the hope that the present has brought usj Facing the rising sun of our new day begun. Let us march on 'til viptory is won. Stony the road we trod. Bitter the chastening rod. Felt, in the days when hope unborn had died! Yet with a steady beat, Have not our weary feet. Come to the place for which our fathers signed? We have come over a way that with tears has been watered. We have come treading our path thro' the blood of the slaughtered! Out from the. gloomy.pabt, 'Til now we stand at last Where the white gleam of our bright star is cast. God of our weary years, God of our silent tears, Thou who has brought us thus far on the way! Thou who has by thy might. Led us into the light, Keep us forever in the path wa pray. Lest our feet stray from the places, our God. where we met Thee, Lest our hearts, drunk with the wine of the world, we forget Theej Shadowed beneath thy hand may we forever stand, True to our God, true to our Native Land. �*1 N VOTES THERE IS STRENGTH' REMEMBER PRINCE EDWARD CLOSED SCHOOLS CLOSED SCHOOLS IT CAN HAPPEN TO YOU � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Coordination at Work," NAACP Description An account of the resource Paper "Coordination at Work" by the NAACP on how to coordinate people for political action, specifically for voting and civil rights. Gives instruction and advice on creating a "year-round program" and organizing workshops. Seven pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant unknown Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_8_1_2 https://projectdaps.org/files/original/4ad6dc5f88815ae66d0a3fda82535c90.pdf 505c44fdd9d911b1a380dcd57f78d0d8 PDF Text Text / s '* f FAIRFAX COUNTY HOUSING COM ITTEE FACT SHEET M N ovem ber 1 , 1962 C O S T ------------------------- M e d ia n v a l u e o f t h e 4 6 , 8 6 l o w n e r - o c c u p ie d h o u s e s , $ 1 8 ,7 0 0 . Median monthly rent o f the 15,232 tenant-occupied houses, $107. 2 ,7 7 1 o w n e r - o c c u p ie d u n i t s v a l u e d a t l e s s t h a n $ 1 0 , 0 0 0 . 8 4 0 t e n a n t - o c c u p i e d u n i t s r e n t e d a t l e s s t h a n $6 0 . * * * CONDITION 4 ,3 0 3 u n i t s c l a s s i f i e d d e t e r i o r a t i n g o r d i l a p i d a t e d . INCOM — E M e d ia n f a m i l y in c o m e among 6 2 , l 4 l c o u n ty f a m i l i e s , $ 8 ,6 0 7 ( F o u r t h h i g h e s t among a l l c o u n t i e s i n t h e U. S . ) * * * 6,194 fa m ilie s make l e s s than $4,000 a year. 9>873 fa m ilie s make l e s s than $5,000 a year. (A b o v e f i g u r e s fr o m i 9 6 0 U . S . c e n s u s ) M e d ia n in co m e f o r t h e c o u n t y 's 4 ,0 9 3 m a le o p e r a t i v e s a n d k i n d r e d w o r k e r s ( c r a f t s m e n , c h e c k e r s , d r i v e r s , r e p a i r m e n , e t c . ) w as $ 4 , 5 4 l i n i 9 6 0 . C o u n ty P l a n n i n g C o m m issio n h a s p r o j e c t e d a n e e d f o r 6 ,6 6 7 w o rk e rs i n t h i s c a te g o r y b y 1 9 7 0 . Median income fo r the county s 1,873 male laborers was $2,502 in i 9 6 0 . Planning Commission has p rojected a need fo r 3,CC0 workers in t h i s category by 1970. * * * H EALTH G e n e r a l l y , t h e r e i s a p re d o m in a n c e o f t u b e r c u l o s i s i n s u b ­ s t a n d a r d h o u s i n g . E m o tio n a l p r o b le m s d e r i v e fr o m l a c k o f p r i v a c y a n d s t u d y s p a c e , f a m i l y d e t e r i o r a t i o n i n c i d e n t t o p o o r h o u s in g . W ELFARE L e s s t h a n 5 0 0 f a m i l i a r i n t h e c o u n ty a r e a s s i s t e d b y c o u n ty p ro g ram s f o r a i d t o d e p e n d e n t c h i l d r e n , o ld ag e a s s i s t a n c e , t o t a l l y a n d p e r m a n e n tly d i s a b l e d , p r o t e c t i v e s e r v i c e s . T hus, w e l f a r e c l i e n t s a r e s m a l l m i n o r i t y o f lo w -in c o m e a n d / o r s u b ­ s t a n d a r d h o u s in g f a m i l i e s i n t h e c o u n ty . RACE 9 6 p e r c e n t o f c o u n ty w h i t e , 4 p e r c e n t N e g ro ( i 9 6 0 ) . 8 4 p e r c e n t o f c o u n ty w h i t e , l 6 p e r c e n t N e g ro ( 1 9 5 0 ) . * * * * * * W h ite p o p u l a t i o n i n c r e a s i n g r a p i d l y w h i l e N e g ro p o p u l a t i o n r e m a in s a b o u t t h e sam e . H o w ev e r, some N e g r o e s , p a r t i c u l a r l y p r o f e s s i o n a l p e o p l e , m oved t o W a s h in g to n b e c a u s e o f l a c k o f h o u s in g a v a i l a b l e t o th e m i n c o u n ty . About 70 percent o f w elfare load, 50 percent o f fa m ilie s w ith le s s than $4,000 income, occupants o f about 80 percent o f sub­ standard hou ses, are w hite. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Fairfax County Housing Fact Sheet", November 1, 1962. 2 pages. Page 1. Description An account of the resource County Statistics on costs of homes , conditions, income, health, welfare, race and problem areas. Page 1. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Fairfax County Date A point or period of time associated with an event in the lifecycle of the resource 1962-11-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_1_9_7 https://projectdaps.org/files/original/c14942480bf52faa574f1c36c6e128b2.pdf 9019e605a058327c5dd74cb22335d299 PDF Text Text H ousin g F a c t S h e e t - 2 PROBLEM AREAS VACANCIES SCARCE i n l o w - c o s t c a t e g o r y . I n i 9 6 0 o n l y 55 v a c a n t h o u se s f o r s a l e v a l u e d a t u n d e r $ 1 0 ,0 0 0 , o n l y 80 v a c a n c i e s i n r e n t a l s b e lo w $ 6 0 . A d d i t i o n a l l y , d u r i n g f i r s t y e a r o f e n f o rc e m e n t o f Housin g Hygiene O r d in a n c e ( e n d i n g A ugust 31> 1 9 6 2 ) , 4 l h o u s e s wer e d e m o l i s h e d . About 70 p e r c e n t o f t h o s e d e m o l i s h e d had p rev io u sly been v acant. DOUBLING UP OF FAMILIES, w i t h s u b s e q u e n t new h e a l t h an d h o u s i n g p r o b l e m s , r e s u l t s fro m e n f o r c e m e n t o f Housin g Hygiene O rd in an ce w h ich , d e s p i t e i t s m e r i t s , adds t o sh o rtag e o f poor housing. FAMILIES WITH FOUR OR MORE CHILDREN, e x c l u d e d fro m many r e n t a l p r o p e r t i e s , f i n d i t e s p e c i a l l y d i f f i c u l t t o l o c a t e l o w - c o s t h o u s i n g . Few r e n t a l a g e n c i e s h a n d l e u n i t s which accommodate t h i s s i z e f a m i l y . AGED h av e s p e c i a l p r o b lem s b e c a u s e o f low income, i n c r e a s i n g m e d i c a l c o s t s . NO NON-PROFIT DAY CARE f a c i l i t i e s f o r working m o t h e r s . (One i s now b e i n g p l a n n e d . ) HIGH COST OF LOT DEVELOPMENT ( e s t i m a t e d b etw een $ 3 , 1 5 0 and $ 4 , 0 0 0 ) r e s u l t s fro m r e g u l a t i o n s and minimum l o t s i z e . NEGROES IN MIDDLE-INCOME BRACKET, a n x i o u s t o s t a y i n c o u n ty an d r e n t , b u i l d o r b uy, c a n 't fin d w illin g s e lle rs or le sso rs. EXORBITANT RENT c h a r g e d f o r some p o o r h o u s i n g . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Fairfax County Housing Fact Sheet", November 1, 1962. 2 pages. Page 2. Description An account of the resource County Statistics on costs of homes , conditions, income, health, welfare, race and problem areas. Page 2. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Fairfax County Date A point or period of time associated with an event in the lifecycle of the resource 1962-11-01 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_1_9_8 https://projectdaps.org/files/original/0693eabae67b09f785d889132549e1f3.pdf b2d6c7252c0b236527788fe90e4166da PDF Text Text May 20, 1948 To Supporting Organ!satS on a. The Citizens' O ji.: ittec Against Segregation in Recreation i: Washington, D. C, Friends: As Chairman of the Recreation Co.Timittee of the D. C. Branch of the 1 i A C P, 1 we called a conference of individual citizens and representatives of organizations in July, 1945 to see what could be done to oppose the attempt of the Recreation 3oard to legalize segregation in public recreation. The accompanying report pre sents to you a brief account of what we tried to do to save Washington from another social stigma. It was conceived by all of us most alarming that supposed patriotic leader ship in Washington, D. C. during the beginning of a great war dedicated to remov ing from the world the bestiality of Hitlerism, was moving in the direction of racial fascism right here in the capital of one of the contending nations. Many of us consecrated ourselves to the task of trying to make of Washington a city in which the ideals for which the world was fighting, might be exemplified through maintenance of free recreation. To this task your Executive Board and many other representatives have given a great deal of time, energy, and money, in the work to elLflinate this facet of intolerance. We owe much to the splendid support of some of the reporters and editors of the daily and weekly press. We depended on some individuals more than others, but all were helpful and rendered aid whan called upon. Copies of this report can be secured from the office of the U A A C P at 2002 - 11th St., N W . We hope that from its pages those who in the future will engage in the crusade for right against wrong, will find material that will be helpful. For the Committee Signed: E. B. Henderson, Chairman Contents: SUPPLEMENT TO PI A 3 R REPORT Page Organizations Composing C A S H - -- - - - - 1 formation of C A S R - Protested "By-Lav;" - - - - - - - 2 Protest to D. C. Recreation Board - - Page 3; Interior Dept. Policy 4 Senator Bunton Deletes "Segregation"~3efttion of bill - - - - - - - 4 C A S R Begins Fight on Policy of A A U - Uline - Boys' Club - - - - 5 Tourist Camp Policy - - - Page 6 ; C I O Tests Recreation Policy - 6 C A S K Fights A A U Racial Sanctions Page 6 ; C A S H Pickets - 7 Uline Challenged - - Page 8; Examplesof Interracial Activity - - 9 'Washington Post Supports Anti-Segregation in Boxing - - - - 9 Washington Daily News Battles Prejudice - - - - - - - 10 N A A C P Lawyers Aid Boxers Against A A U - - - - - - - - - - - 1 1 Court of Appeals Rules for Colored Boxers - - - - - - - - - - 11 C A S R Works for Open Golden Gloves - - - - - - - - - - - - 12 Discrimination in Boys' Clubs - - - - - - - - - 12 Police Boys' Club Perfect Pattern of Racial Fascism - - - - - - - 13 C A S H , Against Surrender of Federal Recreation to Local Board - - - 13 Recreation Board Puts in Record Complete Jim Crow Policy - - - - - 45 Expensive and Social Waste in Playground Operation - - - - - - - 49 �May 20, 1948 FINAL REPORT OF CITIZENS COMMITTEE AGAINST SEGREGATION IN RECREATION From June - 1945 to Wpril - 1948 In recent years the increased activity of the N A A C P and the C C R made it seem advisable to dissolve the special committee which was organized by the Recreation committee of the D. C. Branch of the N A A C P« Among the organiza tions which subscribed to the objectives of the Citizens Comniittee Against Segregation in Recreation in 1945 were the following: A K A Ncn-Partisan Council N A A C P, D. C. Branch American Association of University Women National C I O , Committee American Legion, Posts Nos, 2 and 5 to Abolish Discrimina American Youth for Democracy tion B'Nai Brith - Anti Defamation League Nat'l Catholic 'Welfare Com, Brotherhood of Sleeping Car Porters, A F of L Nat’ Council of Negro l Business and Professional Women’s League Women Nat’ Council for Permanent l Cafeteria Workers and Restaurant Workers Local #471 U F W A, C I O F £ P C C I O Local #10 Nat'l Farmers Union C I O Maritime Committee Nat'l Fraternal Council of Negro Churches Citizens Committee on Race Relations Nat'l Lawyers Guild College Alumnae Club Council of Negro Labor Leaders Nat'l Negro Congress Nat'l Sorority of Phi D, C. Health, Physical Education and Recreation Association Delta Kappa Employees’ Local #9, A F of L Nat'l Women's Trade Union Far Northeast Council League Federation of Civic Associations, Inc, Oldest Inhabitants Ass'n Federation of Colored Women's Clubs of Washington, D. C. Federation of P T A People's Action Committee Fellowship of Reconciliation Phyllis Wheatley Y W C A Hotel Service Workers Local #80, A F of L Sigma Delta Tau - Beta Howard University Youth Council Chapter (Legal Frat,) I B P 0 Elks of the World, Southeast House Civil Rights Committee Southern Conference for Independent Funeral Directors Human Welfare Institute of Race Relations Supreme Liberty Life Ins. Interdenomination Ministers Alliance (District Office) League of Women choppers Society of Friends Local Dining Car Union, A F of L U F W A District Council, Mall Tennis Club CI O Pruachors Union U 0 P W A Local #27, C I O Washington Committee on Racial Democracy Washington Cooperative Bookshop Washington Council of Washington Federation of Social Workers Churches Washington Housing Com. Washington Industrial Union Washington Urban League Council, C I O Y M C A, 12th St. Branch Women's Internat'l League f o r Federation of Churches, Peace and Freedom S o c i a l A c t i o n C-oramit t ~ War Registers' League ee �The officers and the Executive Board of C A S R in office at the dissolution of the Committee in April, 3948, .'ere: Executive Board: E. B. Henderson, Chairman Kenneth Pohlimann, Vice President Gladys Edmonson, Secretary Delilah Pierce, Treasurer W. S. Anderson Gertrude Evans Charles S. Hill Wendall A. Parris In conclusion, it is the concensus of those of us who remained until the end of the work of this committee, that a record of what we have done might serve those who will continue to keep up the fight for justice and civil rights for all people. Cd tizens Committee Against Segregation in Recreation Formed The Citizens C A 3 R was formed at a conference called by the Recreation Committee of the N A A C P at the Y M C A on Friday, June 20, 1945. Represen tatives of labor, religious, civic and recreational groups met to plan a campaign for the "abolition of the rule, adopted by the D. C. Board of Recreation on June 12, 1945, providing for racial segregation in public recreation facilities." was Dr. E. Bu Henderson, chairman of the Recreation Committee of the N A A C elected Vice Chairman; Kenneth E. Pohlman of the Southern Conference for Human welfare was elected Vice Chairman; U. Simpson Tate of the U F W, SecretaryTreasurer; Mrs. Delilah W. Pierce of the National Sorority of Phi Delta Kappa, Assistant Secretary. Other members of the Executive Board were: W. S. Anderson* Gertrude Evans, Charles S. Hill, Rev* Francis McPeek, E. Pauline Myers, wendall A. Parris, and Beatrice M. Reed. Among the organizations responding to the call were the N A A C P, the Council of Negro Labor Leaders, the Washington Chapter S C H W, the Fraternal Council of Negro Churches, the Federation of Civic Associations, the Industrial Union Council and fifteen other groups. The issue of racial segregation in public recreation in the Nation's capital was considered of vital importance to all Americans. At the first meeting, Rev. William H. Jernagin of the Fraternal Council of Negro Churches said that, "this is the only Capital in the world which ic presently attempting to institute separate racial laws with peculiar rights and advantages for one group and under privileged and disadvantages for the oth*r, This is a queer logic for a govern ment to profess which is desirous of assuming the leadership of the world's family of nations - especially when tho majority of the world's people are members of darker races," Repeatedly throughout the years of the life of , C S A R, this argument was presented by many groups to win support for democrat ic operation of public recreation in the Nation's capital. The by-law that aroused many citizens adopted by the Recreation Board cn June 12, 1945 read as follows: Recreation programs for white residents shall be conducted in regions A - F and in designated city-wide centers. Recreation programs for Negro residents shall be conducted in regions G - K abd in designat ed city-wide centers." Immediately many colored and white citizens as individuals and representatives of 3 2 organizations, met to lay plans to protest the by-law adopted and to 3 eek nullification. �- 3 Protest to Recreation Board - June 12, 1945* On June 12th, these representatives to the number of more than 200, assembled in the Board Room of the Recreation Department and presented the follcwing argu ments: 1. There is no legal justification for the regulation in question. The history of the legislation setting up the Recreation Board shows that Congress considered and rejected a proposal to consider segregation in law* 2 0 The effect of the Board's ruling is to force discontinuance of unsegregated use of recreational facilities„ 3. The ruling of the Board imposes embarrassment and unjust hardship upon numer ous organizations with both white and colored memberships, and upon families of one race living where playgrounds are designated for the other race. 4, We are entitled to 144k to government agencies in Washington and the National Capital, to set an example of decent and democratic behavior for the Nation and for the United Nations. Speakers under the leadership of Attorney William H. Hastie against the "by law" were: Rev; Stanford J. Harris of the Mt. Vernon Methodist Church J. B. Tate, Pres. 'Washington Chapter of the National Lawyers Guild Lt. Col. James S. Schramm Dr. Rayford Logan of Howard University Rev. Francis W. McPeek of the Federation of Churches Henry Beit sc her of the United Federal 'Workers of America Miss Betty Hays, Chairman, Washington Labor Canteen Robert Sherman, President of the Washington Industrial Union Council Lillian Evanti, for the Northwest Civic Association Ruth S. Ralph of the'United Office and Professional Workers of America Rev. J. F. Whitfield, pastor of the 12th Jt. Christian Church Austin" L. Fickling of the Brookland Civic Association The only proponents of segregation were Ernest F. Henry, Recreation Committee Chairman of the Federation of Citizens association, and Gordon M. Atherbolt of McArthur Boulevard Citizens1 Association. Involved in the controversy was the relationship of the federal recreation areas operated by the Recreation Department in face of an edict by the Interior Department that federal areas "shall be open to all people" without reference to race or color. Under operation of the Interior Department golf courses, tennis courts, and in fact, all federal recreation areas are free from racial restrictions, Mr. Irving C. Rotot, Supt. of National Capital Parks, and Mrs. Alice C. Hunter, Secretary of the Board, moved that the clause be stricken out of the by-laws of the Recreation Board. They were outvoted 3 to 2. Voting for the by-laws were: James E. Schwab, Mrs. George A, Garrett, Walter L. Fowler, representing the D. C. Commissioners on the Board. Mr. C. Melvin Sharpe was absent and Chairman Harry S. Wender did not vote. Supporting the Interior Department's stand. Acting Secretary of the Interior wrote a letter to the Recreation Board on July 11, 1946, ten days before the Board acted, regretting the Recreation Board had incorporated in its by-laws "provisions for the segregation of white and Negro recreation programs." Mr. Fortas, Acting Secretary of the Interior wrote that, "a policy of non-segregation has been in effect in areas under jurisdiction of the United States Department of the Interior for a considerable period of time and has operated satisfactorily within the District of Columbia as well as outside thereof. This jisrm.uiii.ms uso o f park are;® �- 4 by members of both races has demonstrated the practicability of adherence to the principle of equal rights which is affirmed by the Federal Constitution," Mr. Fortas continued, "I hereby advise you that the United states Department of the Interior reaffirms its policy of non-segregation. This policy will be con tinued in all areas under the jurisdiction of this department. It applies to areas under the ..policy control of the .Secretary-.of the Interior,even though pro grams utilizing facilities within those areas are administered by the Recreation Board." The Recreation Board’s chairman, Harry 3. Wender, defended the Board's action on the ground that Public Law 534 (77th Congress) "specifically spelled out that the recreation program should be operated on a colored and white basis as set up by the National Capital Park and Planning Commission before the Board was created." The basis of defense by the Board for its segregation policy largely depends upon the interpretations given to the phrase in the law providing among other things, that "the Capital Parks and Planning Commission, in accordance with a comprehensive plan, as suitable and desirable units of the D. C. Recreata.on System." To offset this contention however, was the decided action of Congress to eliminate Jection 7 of Article III of the original bill which would have recogniz ed the segregation plan under the Community Center and Playgrounds Department. Here follows the action taken by the Congress as quoted from the Congressional record of the 77th Congress: Senator Burton Deletes Section Recognizing Segregation. On March 30, 1942, the senator proceeded to consider the Bill H. R. 5075, to create a recreation board for the District of Columbia, to define its duties, and for other purposes, which had been reported from the Committee on the District of Columbia. Section 3 of Article II Functions and Administrative Responsibilities of the Board provides among other duties, "The public properties utilized by the Board for the above purposes shall include those designated by the National Cap ital Parks and Planning Commission, in accordance with a comprehensive plan, as suitable and desirable units of the District of Columbia recreation system." It is this statement upon which the Recreation Department defends its assumed right to operate a segregated system of recreation. The "comprehensive plan" refers to a diagram showing the Recreation areas of the city as designed by T. C. Jeffers of the Commission in 1929, which shows 26 major centers. In the legend, centers are indicated as follows: Areas enclosed in solid lined circles are marked: "MlGHBGRHGOD RECREATION CENTER," and those with broken lined circles are marked: (WHITE) "NEIGHBORHOOD RECREATION CENTER." This is the only indication and could easily (COLORED) be interpreted to mean areas used largely by white or colored people. No act of the District government provides for segregation or isolation of one group or the other from any areas. Section 7 of Article III of the bill reads: "The plan or system for the ad ministration. operation, and conduct of recreation facilities in use by the Comaiunit.y Center and Playgrounds Department of the District of Columbia at the time of the passage and approval of this act is hereby adopted and made the permanent policy for the administration, operation and conduct of all recreation facil ities placed by this act under the jurisdiction of the Board. The Board �- 5 shall continue to rncognize coordinate authority of white and colored personnel in the administ.:..ationoperat ion <:d c onduct of the respective programs to be -t . adopted, conduc ed, E rected,, and supervised by the Hoard under the terms of this act..1 1 As a result of conferences with representatives of the N a A C P and other citizens, Mr. Burton was prevailed upon to remove the above section which would have given legislative sanction to a policy of segregation,. Whereupon, at the end of the reading of the bill in the Jenate, Senator Burton "Moved to strike out Section 7 Article III" for the committee. The amendment was agreed to. v/hereopon the Senator moved to raise sections 8 and 9 to position of sections 7 and 8. These latter two amendments simply repealed an?J acts in conflict with this act and provided for the act taking effect 30 days after passage.* The house con curred in this amendment. It is easy to see that it was therefore the intent of Congress not to legis late "segregation" in the act setting up the Board of Recreation. Throughout the act are references to the use of buildings and grounds under jurisdiction cf ether agencies such as the National Capital Parks and the Beard of Education, but Jection 3 of article III expressly states that nothing in the act "shall be construed to abridge the powers of the Board of Education, the Com missioners of the District of Columbia, or the National Park Jervice to refuse the use of any such ground, building or facility... and nothing herein expressed or implied shall be construed to abrogate any powers vested in the Board of Educa tion by the organic act of 1906.Oo" References to race are also to be noted under Article I, Section I of the bill which provides that "The appointment of the four citizens shall be without regard to race, sex, or creed, and shall take judicious account of the parent, civic, and other organizations through which residents of the District voice their civic-wishes and advance the common welfare." Section 2 of Article II also pro vides, "Their salaries (personnel* and positions shall be fixed in accordance with the Classification Act of 1923, as amended, without regard to race, sex, or creed..," It has been hard to see how the Recreation Board can interpret the Bill authorizing its existence as granting the Board the right to impose racial segrega tion. It can be construed that the plat indicating certain grounds as white or colored in the "Comprehensive Plan" referred to simply means areas largely used by the races, mainly because of residence, C S A R Begins Fight on A A U, Uline, Boys Clubs. In January 1946, C A J R voted to extend its operations to include in its program opposition to: 1, The Amateur Athletic Union ban on interracial sport. 2, The policy of Uline Arena which admitted colored citizens to boxing and wrestling shows, but denied them admission to ice hockey, the Icecapades, basketball and 3ome othor shows 3, The policy of the Police Boys Club which segregates all colored boys to one building and activities of one club - No, 2 - and which denies colored cit izens membership on the Bor-rd of sixty directors, 4, The policy of the Boys Clubs of Washington whioh denies boy* entry into the elnlxs and aoti v iti . - �On January 2, 1946, C A S R learning of attempted discriminatory racial practioss at the Tourist Camp in East Potomac Park, the Chairman wrote to the Department of the Interior, Mr. Oscar Chapman, Assistant secretary of the Department ^ January 2, 1946 My dear Mr. Henderson: I am pleased to inform you that this department contemplates no change in the established policy of non-segregation in connection with the operation of the East Potomac Park tourist facilities. The Touriit Camp was established by authority of the Congress for the primary purpose of accomodating visitors to the National Capital who, regardless of race er creed, desire adequate quarters convenient to the principal points of tourist interest in Washington at nominal rates. As the federal agency in charge cf the operation of the Nation al Capital Park Jystem, we feel that a visit to Washington should netonly fulfil their recreational requirements, but also should contri bute to their knowledge and their pride in our form of government. Jincerely yours, (Signed) Oscar Lj Chapman Assistant Secretary C I 0_Attempts to Test Recreation Policy In June 1946, the C I O Industrial Union Council announced to the RecreationDepartment that it would stage "mixed" tennis games on the Rose Park playground. These games were played without interference by the Department of Recreation. Throughout 1946 and 1947, C A 3 R and its component organizations battled against bigotry and proponents of race prejudice and discri dnation based on race or color. Some of the projects were crowned with partial success. C A S R Fights a A U Discriminatory Sanctions For years, the Amateur Athletic Union of Washington, D. C. prohibited "mixed" amateur athletics by the device of writing upon the back of sanctions it issues to any organization applying for permission to conduct a tournament, the follow ing proscription: "The Registration Co.!iraittee of the D. C. Association of the A A U does .not sanction mixed racial competition or exhibition in any sport under its jurisdiction. Accordingly, this sanction is grant ed with the dis tinct understanding that there will be no interracial competition on the program for which this sanction is given. Any infraction will result in suspension of the athletes involved and refusal of further sanctioning to the sponsoring organization," After many conference with A A U officials we could get nowhere with them. The Y M C A applied for membership and sent a checx of \^10, for membership. It was returned without comment. We refused to set up a Jim Crow auxiliary. The Y M C A stopped staging boxing events and attempted to enter Y boys in the A A U boxing tournaments. When this was refused, the boys entered suit against the A A U and were defended by Attorneys Hayes, Hastie and Ransom. �C A S R has also attempted to secure abolition of the discriminatory prac tices cf the Boxing Commission ^nd to provide a more democratic organization. Although .aany thousands of dollars accrue to the Boxing Co omission from its opex*ation, very little filters back to colored .athletic groups nor any to color ed people as officials or employees of the Boxing Commission, The salaries of two members of the Commission, the secretary, referees, physicians, inspectors, etc. are paid from the huge sums derived from the percentage of gate receipts and fees received. This has amounted to approximately $30,000 in some seasons. In one year, a sura of $4,000 left over was divided between clubs sponsoring boxing. Of this sum, only Howard University Athletic Department received $200. Yet there were a half dozen colored groups supporting boxing. The excuse offer ed was that they failed to apply for benefits. Of the whole galaxy of paid officials, only one colored physician has been used as a judge. There are all sorts of alibis given. The only sound thing to do is to have colored representa tion on the Commission. This is justifiable largely in view of the fact that colored boxers attract thousands of colored spectators and are responsible fcr the great crowds which pay expenses of the Commission. Before "mixed" boxing, the promoters were operating in the red. Organized citizens should insist upon a fair or equitable proportion of the jobs paid for by the Commission, This is yet to be done. One of the jobs done by C A 3 R, was to supply information to and assist various agencies working in the field of battering race relations. Among the groups ao served were the Social Survey Committee of the Council cf Social Agencies, the Citizens Committee on Race Relations, the President's Committee on Civil Rights and the Rosenwald .Survey. The Committee has also supplied informa tion to many other individuals and organizations concerning discrimination in recreation C A S R Helps Fight for Liberal Theatre C A 3 R also supported the fight for liberalizing the legitimate theatre here in Washington. This has been done by sending telegrams to Actors Equity and by aiding the Council for Civil Rights. flany conferences have been held with individuals and committees in the fight against the Recreation Board, the Boys Clubs and with officials in many of the departmental agencies. Many thousands cf bulletins, letters, dodgers, etc. have been distributed to spectators at athletic events, to the press and to interested persons and organizations. C A S R Pickets Members of the C A S E themselves and with the help of hundreds of individ uals have engaged in picketing and passing out circulars at nearly all the Golden Glcves and A A U boxing events, and at Uline's Arena in protest against his racial policy. Night after night, men and women and boxers from the Y M C A and Police Boys' Club No. 2 walked in all kinds of weather to demonstrate against Hitler's racial policy in effect here in J. C. The wording on sane of the pla cards was: "Mixed Pro Bouts Every Weety Why Not Amateur?" "Washington, D. C. - Only United Nation Capital Condoling Race Prejudice?" "25,000 Negro Boys From D. C. Fought Fascism In This *var." "Boycott the A A U Jim Crow oports: Jim Crow 3ports Are Un-American.""We Oppose American Hitlerism - Youth Council - N A A C P, Boys' Clubs, Y M C A, C I 0." �- 3 " U N O Turns Down D. C. Because of Jim Crow." "D. C. - Jim Crew Boxing Capital of the World," "Why Were 2 5 , 0 0 0 Negro Boys Cent From D. C. To Fight In Europe For Freedom — Denied Came in D. C." "We Salute The Washington Post," "Uline Professes Being Catholic Christian - Practices Racial Fascism." "A1 Weil Promotes Jim Crow." "Don’t Buy Ice Where You Can't See Ice Shows." C A S R Challenges Uline The attempt to cause a change in the exclusion policy of the Uline Arena finally was crowned with success and was a notable one in which C A 3 R played an outstanding part. When it became evident that the policy of barring colored citizens from the Ice Shows, Ice Hockey Games and professional basketball games, while admitting them to what was termed, "low culture" events like boxing and wrestling, was firmly established, C A S H campaigned relentlessly against the policy. Early in 1944* a committee consisting of Assistant Secretary of the Interior, Oscar Chapiflanj former Assistant secretary of State, G. Howland Shaw; Dr. Frederick Reissig of the Federation of Churches and the chairman of C A 3 R, called on Mr, Uline to protest his ban on colored spectators. Following his refusal to modify his policy, C A S R organized pickets which demonstrated every season at athletic events and on many of the nights of the Icecapades. The Committee also did everything possible to dissuade organizations from using the Arena. Among those who were urged not to rent the Hall - e e Billy Rose's wt"Carmen Jones" and the Conference of the Regional Methodist Church, Because of the campaign, many organizations were deterred from contracting for use of the Arena. Despite the fact that the Arena was objected to, professional fight promoters insisted on staging fights there. Little by little, the attendance of colered people grew smaller and smaller until the fight promoters gave up. But the straw that broke the back of Uline management was the continual refusal of colored fans to attend even when the "mixed" Golden Gloves event of 1947 was staged there, as a fielder's choice between keeping colored boxers out of the Golden Gloves which was held at Uline's Arena and the boycott against Uline, the Chairman of C A 3 R, in face of divided sentiment, advocated: 1, 2, That the boys should enter to box. That colored spectators should maintain a boycott. After the first few nights, Dick O'Brien, promoter of the Golden Gloves tourna ment was asked about leasing the hall for the next season. He called attention to the fact that even so popular an event as mixed amateur boxing was not at tracting colored fans. Within a week Mr. Uline called a press conference and announced a cessation of discrimination in any event. Ever since that, colored people have been admitted to any and all events. Thousands of high school child ren have learned to or enjoyed skating and many oclored people have seen Ice dhows for the first time. Credit must be given to many organizations for assist ing in this campaign against Uline's policy. Particularly helpful was th<? work done by a group callin 3 themselves the Peoples Action Committee which was listed among the beginning organizations affiliated with C A S R. �9 Instances of Interracial Activity To substantiate the fact that children are not normally prejudiced and that there are many adults who are bold enough to carry on in the face of a pattern of racial discrimination, we cite a few of the many instances of interracial activity: 1. Although the Boys' Clubs operate a color line, for several years the settlement houses have held interracial track, basketball and softball meets* 2. Colored and white people participate on the Mall, other federal tennis courts and in Rose Park, D. C, Playground courts* 3. Professional and amateur boxing takes place all ever Washington weekly. There has never been a disorderly incident based on race. 4. George Washington University, Catholic University and Maryland University no longer object to playing teams on which are colored players. 5. The Star Indoor Track Meet at the Armory was conductee without color distinction in spectator and athletic participation, 6. Many softball games between white and colored teams occur annually. 7. Professional basketball games take place regularly at Turner's Arena be tween white and colored teams. 8. Howard University is scheduling more and more games with white opponents. 9. White and colored childreh play together in many places all over the city except where supervision by white adults seek to prevent. 10, There are a number of interracial clubs of teen-agers learning to live together,. 11, Several nursery schools and private schools are interracial. 12, The first open Amateur Union outdoor meet was held at the Maryland University track on May 4, 194&. G h S R Aided by Press The C A S R has always depended on the Negro press for much of its program, Publicy in this day is essential to promotion of any cause. The Committee feels what it has achieved and for what consciousness of the problems it has created in the mind of the public, is due largely to the splendid support of the Afro-American, Pittsburgh Courier and occasionally of the Journal and Guide and the Chicago Defended. £ i? On December 27, 1945, the chairman of C A 3 R wrote Mr. Eugene Meywe, Publish er and editor of the Washington Post, again calling his attention to the continued unfair practices of the local A A U. He was informed of the opposition of Dan. Ferris, secretary of the National A A U, to the use of the sanctioning powers t« discriminate against colored athletes, was told of the general unfairness of the A A U, and was urged to withdraw the support of his paper as a sponsor of the A A U events. To this request, the following letter was sent followed by a box announce ment in the Post withdrawing from sponsorship: January 2, 1946. Mr. Edwin B. Henderson, Chairman Committee of Recreation The N A A C P 100 Massachusetts Avenue, N. W. Washington 1, D. C. Dear Mr. Henderson: Your letter to Mr. Eugene Meyer, dated December 27, has been referred to me. I have to-day written to the Sports Department asking that it notify the �- 10- A A U that unless the ban against colored boys be removed, that we cannot sponsor the contest this year. So long as the A A U admits boys in other cities, and so long as mixed bouts are legal in Washington, I do not see where they have a leg to stand on in continuing the present policy. It is a completely stupid viewpoint so far as I am concerned. It may be contended that colored boys in town do not have the type of clubs and the type of training demanded by the A A U and that they must observe certain standards of training or supervision. I would not know about that. But I do know that so.^long as the objection is put on a color basis that their viewpoint is inde.nsible. The line of reasoning which prohibits a white boy from meeting a colored boy in amateur performance in Washington, but allows him to do so in Boston, is something that really goes beyond my slender powers. Yours very truly, Alexander F. Jones. On January 6, 1946, the following announcement was made by the Vvashington Post: "For two years, the Washington Post has s )onsored the District of Columbia amateur boxing championship tournament known as the Battle of Belts. There have been repeated requests that entries of colored amateurs be accepted for the toruanment. The District of Columbia Athletic Union has consistently refused to permit colored boys to compete. It ha3 maintained that position arbitrarily c despite the fact that the National A A U of which it is a member, has set forth that all amateur athletes are eligible for competition without regard to color or race. Bouts between colored and white fighters in the professional ring are sanctioned by the District Boxing Commission, and have been without so-called "incidents." The District A A U, however, chooses to bar colored boxers from the amateur championships because of what it chooses to call its duty to Washington’s social philosophy. The Washington Po 3 t also finds itself with a choice. In the interest of tolerance, it chooses to withdraw from the sponsorship of the A A U boxing tournaments, and herewith does." Washington Daily News, 1/7/46. THIS IS ON ME By Roger Treat Washington’s worshippers of Jim Crow took another slap in the face yesterday when it was announced that the Battle of Belts, a yearly amateur boxing tourna ment, would be abandoned because the local chapter of the Amateur Athletic Union chooses to bar Negro boxers because of its "duty to Washington's social philosophy." This "duty" is a small part of the reason why Washington is unacceptable as head quarters for the U N 0, and of the reason why it is difficult for peoples in foreign countries to have much faith in a nation which talks a great game of high ideals, but fails to live them, even in the Capital city. The local A A U is operating in direct defiance of the national parent body, which wrote a letter to the local Board several years ago. The letter was signed by Dan Ferris, national secretary, and advised the Washington group that the barring of Negro boxers was totally unwarranted. It did not add tnat it was disgraceful, but few would hesitate to add that description, . ." �- 11- Throughout 1946, Roger Treat, sports editor of the Washington Daily News, in many commentaries belabored the officers and governing body of the local A A U. An appeal m s made from time to time to get action on the Washington local A A U by the national officers. Many wrote condemning harshly the policy of the local body. Judge Bonniwell of Philadelphia, president of the Middle Atlantic Association of the A A U, called a meeting of his Board and unanimously the Board adopted a resolution "as exemplary of American amateur sportsmanship," to communicate with the national president and call upon him "to take such steps as will immediately secure to all athletes the same privileges that we accord our white, Indian, Hawaiian and oriental representatives." This was followed by similar action by the A th le tic Commission of the Jtate of Pennsylvania and other organizations. N A A C P Lawyers Aid Y H C A Boys in Legal Fi; ;ht Against A A U Early in 1945, lawyers for the N A A C P, Messrs. Hastie, Hayes and Ransom* sued the A A U to secure a declaratory .judgment on behalf of several of the boxers of the 12th Street Y M C A. Their boys were members of the D C A A U but were denied entry to the A A U meets. The lower court at the instance of the first trial "dismissed and denied the application for declaratory judgment." The case was taken to the United Jtates Court of Appeals, Here Justices Clark, Miller and Prettyman reversed the decision of the lower court* and ramanded the case xor trial on its mefcits. The Justices implied that ’ the A A U did not control through the sanctioning power the participation of local members in championships, local, national, or international; that the constitution and by-laws of the defendant A A U does not per.nit the restrictive sanction, that local athletes are first ualified for national competition by first competing in the District. The Judges averred that: "The gist of the case is narrow. The complaint says that plaintiffs are barred from District-wide, national and international championship athletic competition, by the body which has plenary power over all amateur athletic competition in this country, in violation of the constitution and by-laws of the body. The complaint is not that athletic events are held in which plaintiffs are not permitted to participate. The complaint is that plaintiffs are barred, totally, from the eventual selection of local, national and international champions and that the debarment is beyond the power of the Committee enforcing it. The rights upon which plaintiffs stand are the rights of members of the Unions in good standing. Appellees’ contention, implicit although not expressed, that the constitution, by-laws and regulations of the Unions are no part of the contract between pl^inriffs and the Unions, is beside the point and is also without merit. Members in good standing whose rights are invaded by an ultra virus act of a committee of the organization, are clearly entitled to relief and protection. Me need not speculate as to what proportion of their averments plaintiffs need prove in order to support the relief which they claim. On the record as it stands now, the only questions are whether the complaint and the affidavit show that there are genuine issues of material facts and whether the complaint, if pr proved as averred, states a claim for which relief can ge granted. In our view, the answers to both questions are affirmative. * United Jtates Court of Appeals - No* 9064 - Millie Farrell et al, Appelants~ V District of Columbia Amateur Athletic Union, a Corporation, et al, Appellees. Argues January 16, 1946 - Decided February 25, 1946, �- After the Track when the our lawyer and permit the A A standing being C A S H 12 - action of the A A U in November 1948 lifting the ban on Boxing and casecame up for trial, the A A U lawyer and representative and representative agreed to enter a non-s.iit, This was done to U to gradual]y withdraw its discriminatory practices. The under that the appelants may re-enter the suit for trial. Jorges for- Opening Golden Gloves to all Boxers__ In 1946, the chair.iian wrote to Mrs. Eleanor Patterson, publisher of the Times-Herald, calling attention to the action of the Washington Post in refusing to sponsor the A a U local boxing tournament, and suggested that the Times-Herald was powerful enough an institution to resist the sanction ban against mixed competition of the A A U. thereupon Mrs. Patterson announced to her management that if the colored people objected to conduct of the Golden Gloves under the ban, she would consider abandoning the contests. After a survey of sentiment, we assured her that the colored sports and the public did object to the Times-Herald sponsorship of the Golden Gloves tourney under A a U conditions. Mrs. Patterson then ordered cessation of the Golden Gloves tournament for 1947. A A U Votes to Partially Lift Ban Later in 1947, the A A U announced that a vote would be taken to consider taking the ban off frcm mixed boxing and track with certain reservations. Aided by the representatives of the Evening Star which anticipated an indoor track meet in the new Armory, and of the Times Herald, the A A U voted 12 to 4 to lift the ban on track and boxing, This action resulted in the first Golden Gloves tournament and the first A A U tournament, in which colored and white boys participated, and a track meet run along normal American lines. Colored boys won two of the eight city champ ionships in the Golden Gloves and four of the eight in the A A U championships. All traveled together to the nationals in each sport. Thus an outcome in victory for tolerance. At this writing, the fight is still on, to get the A A U to take off the ban completely. A weight lifting championship under the auspices of the A A U is being staged at the Jewish Community Center and colored boys have been denied entry. The case in the courts has been withdrawn pending an attempt at peaceful settlement of the problems leading to a complete democratization of the A A U policie s . Boys* Clubs Discriminate The C A 3 R has called to the attention of the people of Washington, the injustice of segregation or isolation of colored boys in Boys' Club. Although colored boy3 live in the Ghettos and most depressed districts and contribute the greater amount of delinquency, there are only two Boys' Clubs in which colored boys may participate. Both club houses are located in the northwest section of the city. Both are connected with the Police Department. No colored boys are served by the Washington Boys' Club. The most democratic club is the one known as the Junior Police and Citizens Corps. Its founder is Officer Oliver Cowan. He operates under the direction of Lt. Murphy, who directs the Juvenile Division of the Police Department, Cowan is a national figure and his methods have been studied throughout America, The Board of the J. P. C. C. is a "mixed" board of prominent citizens. The Corjw* participated in by boys of all races although the greatest number of branches compose mainly colored boys. He is doing a great job. �-13On the other hand, the Police Club for colored boys located at 12th and You Jtreets, serves all of the boys of Washington, at the one club house and is operated almost entirely on a segregated basis. It is not permitted to enter its members in events for all of the other clubs. Nor is any colored citizen permitted to serve on its Board of sixty Directors. The irony of the situation is that although police of all races and colors operate in the various precincts of the city, colored boys are not integrated in the various precinct boys' clubs. Many police officers, paid out of the general tax funds, areassigned on full time to duties in connection with these clubs. Police have been granted permission to solicit funds fhom citizens for the support of the police boys1 clubs, a practice condemned in many cities as dangerous to public welfare* The police Boys' Club, located at 12th and You, is supposed to serve colored boys all over D. C. Thus, to use the club, many of these boys must pay two car fares and spend hours of time going to and from the club. This club probably costs more to operate in capital outlay and improvements than any other club. The Board calls it the best club. As a monument to race prejudice, bigotry and stupid ity in the nation's capital, it helps to prove to the world that officialdom condones racial discrimination and segregation. There is no law providing for segregation in the District of Columbia, This club is a perfect example to the nation of the extent to which adult citizenship steeped in racial prejudice will go even in the use of public funds, for although many thousands of dollars are raised for operation of the clubs, the tax payers’ money is involved by possibly •350,000 in the pay of police who work with the club and solicit funds. We have sought by letter, circulars and conferences to publicize these cir cumstances and to persuade changes in policy, dome progress has been made, but the liberal adults are completely silenced by those who follow the pattern of racial bigotry. The Washington Boys Club is a part of a national organization. It raises . much money from the public. It has never permitted colored boys to enter any of its clubs, yet it heralds its work as work for all boys. Many thousands of dollars are invested in the Washington Boys' Club supposedly to prevent delinquency among underprivileged boys, yet it takes no account of the more than a hundred thousand boys who are unfortunate enough to be colored. The C A S H has attempted to get the Police Department and the Board of Directors of the Police Boys' Club to: 1, Recognize the worth and counsel of some colored citizens by placing them on the Board of sixty Directors. 2, Permit the colored boys to play in the scheduled games and tournaments. 3. Permit colored boys to attend the Police Boys' camp. 4. Permit colored boys, who live in the neighborhood of the clubs, in the various precincts, to attend these clubs. C A S R Opposes Surrender of D. C. Federal Recreation to D. C Recreation Board, The Department of Recreation is seeking to bring all of the federally owned and supervised recreation areas in the District of Columbia under its superbvision and control. The great mass of colored citizenry and hundreds of organizations of colored people throughout the Nation have opposed this. �- 14 Under the Interior Department and its subsidiaries, such as tne National Capital Parks, hundreds of acres of Federal grounds and buildings have been conducted for recreation with the ideals of democratic participation by all, free citizens as a policy. All agencies operating projects for the recreational use cf citizens of Washington and visitors to their Nation's Capital have been in structed to keep free from any racial discrimination. Areas operated free from official racial bias are the public golf and tennis courts^on Federal grounds, the tea house, bicycle and boat concessions and others. Frequently, colored children who sought to use bicycles were told that in order for them to hire bicycles they must leave a deposit of from $25. to $50. while white children deposited only < 5. Last year, C A S R reported to the Interior Department such p a case. Immediately an investigator was put on the case. The concessionaire was first warned. Later he was dismissed. One of the best examples of the possibility of democratic procedure in recreation can be seen in the presence of v/hite and colored tennis players on the Mall Tennis courts during the tennis season. Because of the many attempts before Congress to secure to the D. C. Recrea tion Board control over Eederal areas of recreation, our committee asked Mr. Harold Chinn to draw up the arguments for maintenance of control by the Federal Government until and unless the D. C. Board operates programs for all citizens, residents and visitors alike, free from discrimination because of race. The following statement was prepared by Mr. Harold Chinn, an active worker for a democratic program of recreation,.:in 1 9 4 7 : . In view of the fact that an attempt has been made in Congress to secure legislation to authorize the D. C. Recreation Board to operate all Public recreational facilities in the District of Columbia, it has become necessary to cite certain facts which should be weighed carefully before such legisla tion is enacted. At the present time - since June 12, 1945 - the D. C. Recreation Board has, in its by-laws (Chapter 4, lection 2, Paragraph 2) committed itself to the operation of a segregated system of recreation of all facilities now under the jurisdiction and/or control of the Board. This action was taken despite the fact that large sections of the population indicated at an epen hearing before the Board their disagreement with and opposition to the arbitrary policy of segregation adopted by the Board. Since this policy, in effect, prohibits the voluntary non-segregated use of public facilities now under control of the Board, we wish to point out the fact that the further extention of the area of control to facilities now undei the control of the National Park Service but operated for that agency by the D. C. Recreation Board, under private companies under Public Law 534, Article II, lection 2, would cornu-lit to segregated use, all federally owned facij.ities now being operated as open or non-segregated units. Specifically, we offer the following objections: 1. There is no legal justification for the compelling by regulation of the segregated use of such facilities whether they are owned by the District of Columbia or the Federal Government. �-15 The statute which created the Board, Public Law 534 - 77th Congress Chapter 265, 2nd Session, HR 5075) does not specify, and the history of the bill, demonstrates that the Congress considered and rejected by a majority vote, a pro posal to include a provision for segregation in the law (Section 7 of Title III HR 5075) at that time Senator Burton, after oonsultation with citizens* groups, moved and the ienite concurred in the deletion of the section which provided for a segregated recreational system. Later the House of Representatives also voted to delete the provision. 2. There is with the doubtful exception of the public school regulation in the District of Columbia no law or regulation in the District of Columbia code authorizing segregated use of any public facility. It is obvious, there fore, that the Code offers no precedent or authority for segregation in the use of tax supported facilities. 3. The so-called public school law enacted 85 years ago is not a valid precedent making mandatory a segregated recreational policy for the D. C. Recreation Board since the authority for the former is not binding upon the latter. Attention is directed to the rules of the Board of Education for the separa tion of the races for the purposes of education between the hours of 9 a, m. and 3 p. m. and to the by-laws of the Board of Education which state un equivocally that the public school buildings may be used after school hours provided that such use does not interfere with the primary educational purpose of school properties, that the school buildings are used for non commercial purposes, and that such agencies or organizations using them shall not be of a subversive character. The Board (of Education) in response to a direct inquiry has advised that the organization or agencies requesting the use of the buildings.control their own membership and programs as well as participation. It is cle^r, therefore, that the Board of Education has not imposed any limitation or dictated any restricted segregation policy upon the D. C. Recreation Board itself. 4. A further objection to the placing of all recreational facilities under the D. C. Recreation Board is that such control would only unduly restrict the programs of mixed groups who for years have used federally controlled facilities, but it would also impose greater economic hardships upon citizens who, because they are unable to use segregated neighborhood facilities must travel great distances to use federally owned non-segregated facilities, further extension, therefore, would enlarge this condition of displacement and voluntary use, 5. Moreover, the pattern of commercial recreation such as baseball, basketball, foot-ball and many other sports, operates generally in direct opposition to the policy of the Board. Mixed attendance a3 well as mixed participation in sports, is increasing, thereby demonstrating the fact that spectators as well as participants are progressively more democratic than the policy of the D. C. Recreation Board would indicate. It must be emphasized that public properties, the titles of which are in the United otates, should not be controlled by any Board which would impose segrega tion upon the citizens of the United Jtates. People come here from every section of the country to enjoy the facilities provided by their government and their right to do so should not be further jeopardized. �- 16 - The fact that this policy of segregation affects more white than colored is another compelling reason why public property should be free from restric tion, especially in the field of recreation where such use is casual, elastic and unpredictableu These large groups of citizens certainly should not be denied the rights to which they are entitled, 6, Finally, the fact that public funds are being expended to operate a recreational program for all the citizens in Washington, would preclude the validity of any administration action to inaugurate a program in contra diction to public law, whereby any group or groups of citizens are unduly restricted in their voluntary use of such public facilities. It is the intent of this group to support the efficient operation of a recreational program for all the citizens in Washington and we shall approve the control of all such facilities by the D. C. Recreation Board, provided the D. C. Recreation Board will operate all such facilities for all citizens upon a non-segregated basis. The Department of Recreation by May 191+8 has not ‘ ithdrawn its discrimina w tory "by-law." Neither has it attempted to resort to police force to prevent mixed group gatherings on its playgrounds. It is faced with so many contra dictory situations, and operates in so many ways at excessive costs to maintain segregation, that we predict the Board will have to modify its By-Laws" either of its own accord or by persuasion from court action. In 1946, the .'uporint r. c ent of Recreation wa 3 asked several pertinent questions to interpret the -tbitude of the Board of Recreation with reference to operation of the Ldpartm^nt. The letters follow: April 15, 1947 Mr. Milo Christiansen, Chairman Board of Recreation Washington, D. C. My dear Mr. Christiansen: The D. C. Branch, National Association for the Advancement of Colored People is writing this letter to bring the following to your attention: The Howard University Chapter which is directed by and through the D. C. Branch, held a legislative conference recently in the District of Columbia, We have been informed by them that a Committee from the Howard Chapter requested the use of Banneker Center for the purpose of entertainment. It is said that this consent was granted by those in charge, later to be rescinded with the explanation tnat it is not the policy of the Board of Recreation to permit affairs of an interracial nature to be held in or on the premises under its supervision. More recently, Community Education Incorporated, an organization dedicated to the practice of democratic principles, haj informed us that they were told by your office that their scheduled dance recital at Armstrong High ..School Auditorium would have to be cancelled because of the interracial quality of their organization and expected audience. I have further been informed that this "rule" was waived to save the embarrassment of late �-17cancellation. The management of Community Education Incorporated stated further that a Miss Mayfield of your office informed them that it is not the policy of the Board of Recreation to permit interracial audiences or performers in its auditorium and that this case was not to be interpreted as establishing a precedent. Please advise us immediately of what your policy is in this matter. Very truly yours, /s/ Stephen G. Spottswood Stephen G, Spottswood President, April 18, 1947 Mr. Stephen Gi Spottswood, President National Association for the Advancement of Colored People 2002 - 11th Street, N. W. Washington, D. C. Attention William A. Hill, Executive iecretary Dear Mr, Spottswood: Receipt is acknowledged of your April 15 communication inquiring about our policies relating to inter-racial use of units which this Department operates. The Recreation Department applies the policies of the Recreation Board which in this case afe defined in Chapter IV, Section 2, By-laws, Rules and Regula tions of the iiecreation Department shall include those designated by the National Capital Park and Planning Commission, in accordance with a compre hensive plan, as suitable and desirable unit3 of the District of Columbia recreation system, 2, "Recreation programs for white residents shall be conducted in regions A - F and in designated city-wide centers* Recreation programs for Negro residents shall be conducted in regions G - K and in designated city-wide denters," If there is any other information you would like to have, we shall be pleased to provide it for you. Sincerely yours, /s/ Milo F, Christiansen Milo F. Christiansen �- IB April 21, 1947 Mr. Milo r ';r « i .. • Board of Washington, : 0 My dear Mr. Christiansen. we wish to thank you for your letter stating that the policies of the Recreation Department are applied in accordance with Cahpter IV, Section 2, By-laws, Rules and Regulations of the Recreation Board. However, we are requesting clarification of those policies in light of the following specific questions which your letter does not answer: 1. Does this mean that the Recreation Department prohibits white performers from appearing in centers located in regions 0 - K? 2. Does this mean that the Recreation Department prohibits colored performers from appearing in centers located in regions A - F? 3. Does this rule oreclude inter-racial group meetings in centers of either region? 4. Does this deny white persons the privilege of audience partici pation at affairs in regions G - K, and colored persons the same denial in regions A - F? 5. Does this preclude inter-racial performers from appearing in centers in regions A - F and G - K? 6. What is the Department of Recreation’s interpretation of "Contro versial Activities" as applied in contractual relationship with the Board of Education for the use of Public School premises. As an organization with membership of over 10,000 Washington citizens, we are dedicated to civic betterment^ For this reason we wish to become fully aware of the policies now in effect as they may be derived or abrogated from the By-laws, Rules and Regulations of the Recreation Board. Sincerely yours, Stephen G. Spottswood President 3GS:jp Copy to: Dr* Garnett C. Wilkinson First ouperintendent of Schools �- 19 April 29, 1947 Mr. Stephen G. Spottswood, President National Association Tor the Advancement of Colored People 2002 - 11th Street, N. W. Washington, D. C, Dear Mr. Spottswood: In response to your April 21 communication requesting clarification of policies in relation to specific questions contained therein, the answers are a follows: Question 1 through 5, the reply is yes. Question 6 - The Recreation Department does not use the term 'contro ‘ versial activities" in its regulations governing use of school property. The rules under Chapter VI, Section prohibit the use of public school buildings and abounds for "activities tending to create unrest and acrimon ious discussions in the community, etc." The Recreation Department may grant the use of public school buildings and grounds in accordance with these regulations, arid each case must be interpreted in the light of current public interest and feeling. If we can be of any further assistance to analyze or to provide information in the questions contained in your previous communication, we shall be pleased to do so. Sincerely yours, /s/ Milo F. Christiansen Milo F. Christiansen Superintendent of Recreation As a result of this disclosure, several groups have requested a hearing before the Committee on Community Use of School Buildings of the Board of Educa tion to request a modification of the contract between the Board of Education and the Recreation Board in regard to the operation of recreation in public school buildings and grounds. Although a hearing before the Committee on Buildings and Grounds was requested many weeks ago, at this writing no meeting has been held. Terrible Jocial and Economic 'waste by Dept. of Recreation's Policies. One of the serious situations exists in that there are many play areas located in border districts where both colored and white people live. By limiting play to one group or the other, many thousands of children, because of race are denied play. For example, both the New York Avenue Playground and the Jherwood Playground are designated for whites only. Yet a survey taken hourly for a week, and it happened the weather was good that week in October 1947, showed that only ten whites at tended the New York playground and that for brief periods during the entire week. This is a record of the actual number of children on the New York playground between the hours of 9 and 3 o'clock and was taken during the week of October 6 throu October 10, 1947. The weather was perfect every day. The number of children is indicated: �- Period 1 2 3 k 5 6 20 - Mon.______ Tues. _____‘fed,______ / 0 0 c 0 0 L 0 0 J ____ 0 0 2 2 0 0 0 3 0 0 2 2 Thurs, Fri, 0 0 0 0 0 0 0 0 0 0 0 0 3 3 Total pupils in attendance for the week: ?.0, Yet , across the street is Terrell Junior High icnool with over 1.000 child ren who have no playground and must play in the street. And across on the N street side is Dunbar High Jchool with over 1,000 girls and 500 boys who could use this ground during school time, but are forbidden, Logan Jchool children in 1948 are deprived of play facilities because the present ground is being closed for the erection of a new building. These children could attend the Sherwood Playground a "white play area" at G ot., N. E. between 10th and 11th for their intramural games during the school day, A survey during November showed that practically no white children were on the ground for the week of observation. Much of the same situation exists at Rose Park, Rosedale, Hoover and Happy Hollow playgrounds. There are many large playgrounds attached to schools in the white system in the midst of colored residential areas. The Recreation Department will not put a caretaker or supervisor on these grounds because they are attached to "white" schools. This policy should be abn'Liohod, Here are a fe w areas in this category. a. b. c. Gage Jchool at 2nd & V Sts., N. W. is completely surrounded by colored ^•siden+.c. It is a sur€a»<*i large area. Colored and white children play tog/?thc?xtne ground frequently, but they do it by going through holes in the fence. Wilson Teachers College at 11th & Harvard is surrounded by colored res idences. After school hours, the college students go to their homes all over the city. Colored children climb the fance and play. There is no supervisor or caretaker present, The Old Central High Jchool at 7th and 0 Sts. is a white boys* vocational school. The pupils do not line in the neighborhood. Colored and white children go over the fance or through a hole they cut in the fence. This is a large ground for the old city and here again the Recreation Depart ment ignores the needs of these children. Because of shifting population several play areas supervised by the Recreation Board are maintained as "white" yet there are as many if not more colored children in the neighborhood. There is no sound sensible reason, except the arbitrary rul ing of the Recreation Board, why all the children cannot play on the playground instead of risking their lives in the street. �- a. b. c. 21 - Happy Hollow Playground at 18th & California Sts. should be available to any children. Park View Playground at Otis and Park Place is another such area of changing population. Rosedale Playground south of Denning Road near 17th Street is being surrounded by colored residents. (Note: A citizen’s child living across from the ground was struck by a car and hospitalized while playing in the street, because she was barred from the playground.) It is the opinion of the Citizens Committee Against Segregation in Recreation that the Board of Education should note the policy of the Recreation 3oard and prevail upon this Board to modify any policy which denies children the right to play on tax supported grounds. Even if it can be maintained that pupils in schools may be legally segregated by race, for instruction, there is no legal sanction for arbitrary use of a segregated policy by the Department of Recrea tion. It ir also true that the Recreation Department uses Federal areas and maintains a Jim Crow policy. As this final report is ended, a Board of Education committee is meeting to hear the orgination representatives who are urging that the Board of Education insists in their contract with the Recreation Board that public schools operated for recreation shall not be restricted by the Recreation Department policy of segregation. It is also encouraging to note that more and more Catholic Schools are tending towards dropping color barriers, '/ hope in the near future that the .e Jewish Community Center and the Pa rochialSchools will liberalize their athletic policies. Finally we hope this report and its supplement will prove of interest and value as an historical account of the battle against intolerance and for democracy in America. Signed: E. B. Henderson Chairman, Citizens Committee Against Segregation in Recreation May 19, 1942 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Final Report of Citizens Committee Against Segregation in Recreation," 1948 Description An account of the resource Copy of ""Final Report of Citizens Committee Against Segregation in Recreation," May 20, 1948. Includes cover letter to "supporting organizations." Gives brief history and makeup of the committee, Chronicles the fight to desegregate parks and recreation facilities in Washington DC, including federal, city, and private facilities (including Uline Arena, the Amateur Athletics Union and the Boys Club) up to May 1948. 22 pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Citizens Committee Against Segregation in Recreation Date A point or period of time associated with an event in the lifecycle of the resource 1948 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1940s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_17_24 https://projectdaps.org/files/original/56a7e0dcb7760eb50fc0cc2e1df2c41c.pdf 9a86125abb9d6f68d212754d8403606b PDF Text Text American m i t e w t y �In the MERCURY’S Opinion . . . Funeral oi " r' ..... By Russell Maguire your ears; I come to Flend meAmericans, countrymen, bury the Constitution, not to praise r ie n d s , it. The ev-il that men and documents do lives after them; the good is oft interred with their bones. So be it with the Constitution. The cunning “One-World Con spirato rs,” the “ in tern atio n alist schemers,” the “ war promoters” have told you that the Constitution is an old-fashioned document and too ambitious. If it were so, it was a grievous fault. And grievously hath the Constitution paid for it. Here, under leave of the con trolled “international press,” the “invisible government,” and the rest — come I to speak at the Con stitution’s funeral. It was our oldest friend, faithful and just to us. It hath brought many rights and safeguards to our people. Under its protection our general coffers were filled. Did this in the Constitution seem ambitious? When the poor have cried or been in need, the Constitution hath fed and protected them and their chil dren. Ambition should be made of sterner stuff. Yet the “selected” Supreme Court has said, the Con stitu tio n is ambitious — and are they honorable men? You all did know that our wise and patriotic ancestors had oppor tunities to give someone a kingly crown, which he did thrice refuse. Was this ambition? I speak not to disprove what the un-American United Nations plot ters have spoken. But I am here to speak what I do know. You all did love this Constitution once, not without cause; what cause withholds you then to mourn for it? O, judgment, thou art fled to brutish beasts. And men have lost their reason. Bear with me, my heart is in the coffin there with the Con stitution, and I must pause till it come back to me. But yesteryear, the Constitution’s word might have stood against the world, now lies it there. And none so poor to do it reverence. O, citizens of these United States! If I were disposed to stir your hearts and minds to rage. I should do the “ internationalist” tax-exempt or ganizations and the “ One-World” Foundations wrong, who, you all Copyright 1956 by Russell Maguire. A ll rights reserved. From The American Mercury, February, 1956 The t American Mercury know, say they are honorable men. I rather choose to wrong the murdered Constitution. Than wrong such “honorable” men? But here’s the world’s greatest docum ent — the C onstitution — with the seal and love of our wise and courageous God-fearing Found ing Fathers. Let but the people hear this testament and you would go and kiss the Constitution’s wounds. Yes, beg a part of it for memory, mentioning it to your children and passing it on as a rich legacy unto their issue. It is not meet that you know how much the Constitution loved and protected you. For it will inflame you and make you mad. ’Tis good you know not that you are the heirs and owners of this great country — that the so-called ‘ powerful men” and their stooges are but your servants. about the and M holding the Constitutioncoffin I shall read its message to you. And a k e a r in g if you have tears, prepare to shed them now. You all do know this heritage, where all the rights and power were reserved to you. And with loving hands the Founders of this country covered it with our flag of red, white and blue. Look in this place ran the United Nations dagger through; see what a rent Supreme Court decisions have made. Through these open ings the well-publicized “advisors” stabbed, and as they plucked their cursed steel away, mark how the blood of the Constitution and the hopes of freedom flowed. These stabs of treasonable people, admitted to our country as “citi zens,” were the most unkindest cuts of all. For ingratitude, more strong than Americans’ arms, quite van quished the C onstitution. They burst its mighty heart, and Bloody Treason now flourishes over us. Stay, countrymen! Good friends, patriotic friends, let me not stir you up to such a sudden flood of mutiny. They that have done this deed say they are “ honoi'able” ; what private international plots they have, alas! I know not. They are cunning and clever, and will, no doubt, try to answer you. I am no orator, as our enemies are; but as all you know me, a plain, blunt man, that loves my country, I humbly ask to speak my thoughts. For I have neither wit, nor words, nor worth, nor action, nor utterance, to stir men’s blood; I only speak right out to tell you that which you yourselves do know. I show you the Constitution’s wounds, poor dumb mouths, and bid them speak for me. But were I otherwise, I would ruffle up your spirits, and point to every wound in the Constitution. And then, at last, this should move the people of America to rise and m utiny against the conspirators who are planning to take over our country, and thus avenge the Constitution’s death. �M EM O TO READERS: The dozens of articles in the current issue of AMERICAN MERCURY are just as vitai to you as the reprinted article you have just read. If this reprint stirred your interest, then surely a regular subscription to AMERICAN MERCURY will bring more articles of great urgency to you and your friends. Exclusive articles—offered only to you in the Mercury’s dedicated fight against communism—are written by the outstanding scholars and authorities in the country. No magazine exposes communism with greater range or vigor than AMERICAN MERCURY. For this reason you ought to be a regular subscriber. We offer you an outstanding service — the AMERICAN MERCURY reprints. The reprint gives you a VOICE of INFLUENCE in your com munity. The reprint has become the principal medium for combatting subversion in the local community. In 1955 over a million reprints of Mercury articles were circulated. To support this work, you and your friends ought to be regular subscribers to AMERICAN MERCURY. Your community organization can benefit substantially by promoting AMERI CAN MERCURY subscriptions to members. We offer excellent com missions to organizations for this purpose. Subscribe now, and tell your neighbors about us. THE AMERICAN M ERCURY 250 W est 57th Street, N ew York 19, N. Y. Please send a subscripiton to: Name ................................................................................................................. Address ............................................................................................................. City........................................................ Zone...........State................................. 1 Year $4.00 2 Years $7.50 3 Years $10.50 “ THE MOST VIGOROUS AND EFFECTIVE MAGAZINE IN OUR COUNTRY” � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Funeral of the Constitution," American Mercury, 1956 Description An account of the resource Flyer reprinting "Funeral of the Constitution," an opinion piece by Russell Maguire for the American Mercury, February, 1956. Cover shows political cartoon. Maguire laments the death of the Constitution through wounds delivered by the United Nations and recent Supreme Court decisions. Last page promotes subscriptions to the American Mercury. Three pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Russell Maguire, American Mercury Date A point or period of time associated with an event in the lifecycle of the resource 1956-02 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1950s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_17_17 https://projectdaps.org/files/original/85296463fbf8a02014b2fa62b03bc774.pdf 458534c9dd5cc8da7a3bd994015e4c2f PDF Text Text IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION Civil Actions Nos, 2l*35> and 21*36 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, a corporation, N.A.A.C.P. LEGAL DEFENSE AND EDUCATIONAL FUND, INCORPORATED, a corporation. Plaintiffs, KENNETH C. PATTY, Attorney General for the Commonwealth of Virginia; T. GRAY HADDON, Commonwealths Attorney for the City of Richmond, Virginia; "WILLIAM J. CARLETON, Commonwealths Attorney for the City of Newport News, Virginia; LINWOOD B. TABB, JR,, Commonwealth's Attorney for the City of Norfolk, Virginia WILLIAM J. HAS SAN, Commonwealth's Attorney for Arlington County, Virginia; and FRANK N. WATKINS, Commonwealth's Attorney for Prince Edward County, Virginia, Defendants, Before SOPER, Circuit Judge, and HUTCHESON and HOFFMAN, District Judges. HUTCHESON, District Judge concurring in part and dissenting. �I * Messrs. Robert L. Carter, New York, New York, and Oliver W. Hill, Richmond, Virginia, counsel for National Association For the Advancement of Colored People, in Civil Action No. 2lj35. Messrs. Thurgood Marshall, New York, New York, and Spottswood V. Robinson, III, counsel for N.A.A.C.P. Legal Defense and Educational Fund, Incorporated, in Civil Action No. 2li36. Messrs. David J. Mays, Henry T. WLckham, John W. Edmonds and Clarence F. Hicks, Assistant Attorney General, all of Richmond, Virginia, counsel for defendants in both actions, and J. Segar Gravatt, Blackstone, Virginia, counsel for Frank N. Watkins, Commonwealth's Attorney for Prince Edward County. - 2 - �I SOPER, Circuit Judges These companion suits were brought by the National Association for the Advance ment of Colored People and the N.A.A.C.P. Legal Defense and Educational Fund, Inc., cor porations of the State of New York, against the Attorney General of the Commonwealth of Virginia and tbe Commonwealth Attorneys for the City of Richmond, the City of Newport News, the City of Norfolk, Arlington County and Prince Edward County, Virginia, to secure a declaratory judgment and an injunction restraining and enjoining the defendants from en1 forcing or executing Chapters 31, 32, 33, 35 and 36 of the Acts of Assembly of the Common wealth, all of which were passed at the Extra Session convened between August 27, 1956, and September 29, 1956, and were approved by the Governor of the Commonwealth on September 29, 1956. The suits are based on the allegation that the statutes are unconstitutional and void, in that they deny to the plaintiffs rights accorded to them by the Fourteenth Amendment to the Constitution of the United States. Jurisdiction is invoked under the civil rights' statutes, 1)2 TJ.S.C. 01981 and 1983 and 28 U.S.C. 5l3l)3, under which the district courts have jurisdiction of actions brought to redress the deprivation under color of state law of any right, privilege or im munity secured by the Constitution or statutes of the United States providing for equal rights of all persons within the jurisdiction of the United States. Jurisdiction is also invoked under 28 U.S.C. 51331 and 1332 wherein jurisdiction is conferred upon the federal courts in all civil actions where the matter in controversy exceeds the sum of $3,000.00 exclusive of interest and costs and arises under the Constitution and law of the United States or between citizens of different states. Accordingly, the present three-judge district court was set up under 28 U.S.C. 52281 and evidence was taken upon which the fol lowing findings of facts are based. The National Association for the Advancement of Colored People is a non-profit membership organization which was established in 1909 and incorporated under the laws of the State of New York in 1911. the State of Virginia. It is licensed to do business as a foreign corporation in The purposes of the corporation are set out in the statement of its charter: "That the principal objects for which the corporation is formed are voluntarily to promote equality of rights and eradicate caste or race prejudice among the citizens of the United States; to advance the interests of colored citizens; to secure for them im partial suffrage; and to increase their opportunities for securing justice in the courts, education for their children, employment -*-These Acts have been respectively codified in the Code of Virginia at 5l8-3ii9.9 et.seq. 18-31)9.17 et seq., 51)-7l), 78, 79; 18-31)^.25 et seq,, and 18-3^9.31 et seq. �according to their ability, and complete equality before the law. "To ascertain and publish all facts bearing upon these subjects and to take any lawful action thereon; together with any and all things which may lawfully be done by a membership corporation organized under the laws of the State of New fork for the further advancement of these objects." The activities of the Association cover forty-four states, the District of Columbia and the Territory of Alaska. It is the most important Negro rights organization in the country (see 6 Western Res. L. Rev. 101, 102; 58 Tale L. J. 571;, 581), having approximately 1,000 unincorporated branches. A branch consists of a group of persons in a local community who enroll the minimum number of members and upon formal application to the main body are grarte'd d charter. In Virginia, there are eighty-nine active branches. A person becmmes a member of a branch upon payment of dues which amount, at a minimum, to $2.00 per year and may be more at the option of the member, up to the sum of $500.00 for life membership. The regular dues of $2.00 per year are divided into two parts, one-half being sent to the national office in New York and one-half retained by the local branch. In a number of states, including Virginia, the branches are voluntarily grouped into an unincorporated State Conference, the expenses of which are paid jointly by the national organization and the local branches, each contributing 10-cents out of its share of each member's dues. In Virginia, the branches contribute a greater sum for the support of their State Conference. The principal source of income of the Association and its branches in the several states consists of the membership fees which are solicited in local membership drives. butions. Other income is derived from special fund raising campaigns and individual contri In the first eight months of the year the greater number of annual membership drives are conducted. in Virginia. During that period in 1957 the Association enrolled 13,595 members This represents a sharp reversal of the rising trend in membership figures in the same eight-month period in the preceding three years, which showed 13,583 members in 195U, 16,130 in 1955 and 19,1;36 in 1956. The income of the Association from its Virginia branches during the first eight months of 1957 was $37,470.60 as compared with $43,612.75 for the same period in 1956. The total amount received by the Association from Virginia was $38,1*69.59 in the first eight months of 1957 as compared with $14;, 138.71 for the same period in 1956. The total income of the Association from the country as a whole for the year 1956 was $598,612.81; and $U25,608.13 for the first eight months of 1957. At the top of the organizational structure of the national body is the annual convention, which consists of delegates representing the 1,000 branches in the several -It- �states. It has the power to establish policies and programs for the ensuing year which are binding upon the Board of Directors and upon the branches of the Association. Each year the convention chooses sixteen members of a Board of forty-eight Directors, each of whom serves for a term of three years. The Board of Directors meets eleven times a year to carry out the policies laid down by the convention. Under the Board an administrative staff is set up, headed by an executive secretary who, representing the Board, presides over the functioning of the local branches and State Conferences throughout the country under the authority of the constitution and by-laws of the national body. The Virginia State Conference takes the lead of the Association's activities in the state under the administration of a full-time salaried executive secretary, by whom the activities of the branches in the state are co-ordinated and local membership and fund raising campaigns are supervised. The State Conference also holds annual conventions at tended by delegates from the branches, who elect officers and members of the Board of Direc tors of the Conference. Through its representatives the State Conference appears before the General Assembly of Virginia and State Commissions in support of or in opposition to measures which in its view advance or retard the status of the Negro in Virginia. It en courages Negroes to comply with the statutes of the state so as to qualify themselves to vote, and it conducts educational programs to acquaint the people of the state with the facts regarding racial segregation and discrimination, and to inform Hegroes as to their legal rights and to encourage the assertion of those rights when they are denied. In carrying out this progran, the public is informed of the policies and objectives of the Association through public meetings, speeches, press releases, newsletters and other media. One of the most important activities of the State Conference, perhaps its most important activity, is the contribution it makes to the prosecution of law suits brought by Negroes to secure their constitutional rights, [it has been found, through years of ex perience, that litigation is the most effective means to this end when Negroes are subjected to racial discrimination either by private persons or by public authority.7 Accordingly, the Virginia State Conference maintains a legal committee or legal staff composed of thir teen colored lawyers located in seven fcommunities scattered over the greater part of the state. The members of the legal staff are elected at the annual convention of the State Conference and they in turn elect a chairman. Ordinarily the legal staff is called into action upon a complaint made to one or more members of the staff by aggrieved parties, but sometimes a grievance is brought directly to the attention of the Executive Secretary of the Conference, and if in his judgment the case presents a genuine grievance involving dis- -5- �crimination on account of race or color, which falls within the scope of the work of the Association, he refers the parties to the Chairman of the legal staff. If the Chairman ap proves the complaint, he recommends favorable action to the President of the State Conference and if he concurs, the Conference obligates itself to defray in whole or in part the costs and expenses of the litigation. With rare exceptions the attorneys selected by the com plainant to bring the suit have been members of the legal staff. Wien a law suit has been completed the attorney is compensated by the Conference for out-of-pocket expenditures, in cluding travel and stenografhic services, and is also paid per diem compensation for the time spent in his professional capacity. No money ever passes directly to the plaintiff or litigant. [The attorneys appear in the course of the litigation for and on behalf of the individual litigants, who in every instance authorize the institution of the suitT^ In brief, the Association, in various forms, publicizes its policies against dis crimination and informs the public that it will offer aid for the prosecution of a legitimate complaint involving improper discrimination. [Thus it is generally known that the State Con ference will furnish money for litigation if the proper need arises, but the Association does not take the initiative and does not act until some individual comes to it asking for help. 1 Sometimes a complainant seeks damages for violation of his rights, as in cases involving the treatment accorded Negroes in public conveyances. In such a case, the Asso ciation ordinarily does not furnish aid if the complainant is financially able to prosecute his claim. In the most fruitful field of litigation in respect to public education, the rights of large numbers of colored people in the community are involved and a class suit is brought; and the Association pays the expenses even if one or more of the complainants is possessed of financial resources. 'In most of these cases the expenses of the suit are so great that it could not be prosecuted without outside aid. The fees paid the lawyers are modest in size and less than they would ordinarily earn for the time consumed.'? The N.A.A.C.P. Legal Defense and Educational Fund, Inc., the plaintiff in the second suit, also takes a prominent part in support of litigation on behalf of Negro citi zens. It is a membership corporation which was incorporated under the law of the State of New Tork in I9I O. 4 Like the Association, the Fund is registered with the Virginia Corpora tion Commission as a foreign corporation doing business in the state. It was formed, as its name implies, to assist Negroes to secure their constitutional rights by the prosecution of law suits of the sort that have just been described. The charter declares that its pur poses are to render legal aid gratuitously to Negroes suffering "legal injustice" by reason -6- �of race or color who are unable on account of poverty to employ and engage legal aid on their own behalf. Other purposes are to secure educational facilities for Negroes who are denied the same by reason of their race and color and to conduct research and to compile and publish information on this subject and generally on the status of the Negro in American life. The charter forbids the corporation to attempt to influence legislation by propagan da or otherwise and requires it to operate without pecuniary benefit to its members. The charter was approved by a New York court after service upon and without objection from the local bar association so that it obtained the right under the law of New York to operate as a legal aid society. The Fund is governed by a Board of Directors which, under its charter, consists of not less than five and not more than fifty members. executive officers. units. Its work is directed by the usual It operates from an office in New York City and has no subordinate It employs a full-time staff of six resident attorneys and three research attorneys stationed in New York City, and it keeps four lawyers on annual retainers in Richmond, Dallas, Los Angeles and Washington, research in particular cases. It also engages local attorneys for investigation and It has on call one hundred lawyers throughout the country and a large number of social scientists who operate on a voluntary basis and work without pay or upon the payment of expenses only. By virtue of its efforts to secure equal rights and opportunities for colored citizens in the United States, the Fund has become regarded as an instrument through which colored citizens of the United States may act in their efforts to combat unconstitutional restrictions based upon race and color. In order to give information as to the nature of the work of the Fund, members of the legal staff engage in public speaking and lectures in colleges and universities throughout the country on a variety of subjects connected with the legal rights of colored citizens and the race problem in general. But in conformity with the charter of the Fund, the officers and employees of the corporation do not attempt to influence legislation, by propaganda or otherwise. It is apparent that so far as litigation is concerned the purposes of the Association and of the Fund are identical, and they in fact co-operate in this activity. They are, however, separate corporate bodies with separate offices. At one time some of the executive officers were in the employ of both corporations but at the present no person serves as an officer or employee, although many persons are members of both bodies. The Fund was formed as a separate organization because it was thought that it should have no part in attempting to influence legislation and the complete separation has been promoted -7- �by rulings of the Treasury Department, which disallow tax deductions for contributions to organizations engaged in political activity. Deductions for contributions to the Fund are allowed. The revenues of the Fund are derived solely from contributions received in res ponse to letters sent out four times a year throughout the country by the Committee of One Hundred and, to some extent, from solicitations at small luncheons or dinners. no membership dues. There are The Committee of One Hundred was organized in 19l(l by Dr. Ueilsen, former president of Smith College, and consists predominantly of educators and lawyers who have joined together for the purpose of raising the money necessary to keep the organiza tion going. Host of the money comes in the form of $5.00 and $10.00 contributions. Sub stantial sums are received from charitable foundations, of which the largest was $15,000 and the aggregate was $50,000 in 1956. showed a steady increase. For the four or five years prior to 1957 the income The income for 1956 was $351,283.32. For the first eight months of 1955, 1956 and 1957 the income was $152,000.00, $21(6,000.00 and $180,000.00, respectively. The receipts from Virginia were $1,1(69.50 in 1951(5 $6,256.19 in 1955, a portion of which was a refund from prior litigations $1,859.20 in 1956, and $li2l (.00 for the first eight months in 1957. The total disbursements of the Fund for the year 1956 were $268,279.03. The total expenses for Virginia during the past four years consisted principally of the sum of $6,000.00, which was the annual retainer of the regional counsel. The Fund supplements the work of the legal staff of the Virginia State Conference by contributing the services of the regional counsel and, more particularly, by furnishing results of the research of scientists, lawyers and law professors in various parts of the country. The Fund also contributes the very large expenditures which are needed for the prosecution of important cases that go from the federal courts in Virginia and other states to the Supreme Court of the United States in which the fundamental rules governing racial problems are laid down, [in this class of case the expenses amount to a sum between $ 50,000 and $100,000, and in the celebrated case of Brown v. Board of Education, the expenses amounted to a sum in excess of $200,000. The expenses of cases tried in the lower courts, including an appeal to the Court of Appeals for the Circuit, amount to approximately $5,000.00. The Fund has made only a superficial investigation into the financial competency of complainants to whom it h'as rendered aid in Virginia. For the most part the cases have been class actions brought for the benefit of all the colored citizens in a community with children in the local public schools and the regional counsel of the Fund has entered the - 8- �.Cl cases at the request of members of the legal staff of the State Conference J- It has been obvious in such instances that the burden of the litigation was too great for the individual litigants to bear, and the lawyers for the Fund have not regarded their participation as a violation of the charter provision authorizing the Fund to aid indigent litigants even if it was shown that some of the complainants in a case had legal title to homes of substan tial value. STATUTES IN SUIT The five statutes against which the pending suits are directed, that is Chapters 31, 32, 33, 35 and 36 of the Acts of the General Assembly of Virginia, passed at its Extra Session in 1956, were enacted for the express purpose of impeding the integration of the races in the public schools of the state which the plaintiff corporations are seeking to promote. The cardinal provisions of these statutes are set forth generally in the following summary. Chapters 31 and 32 are registration statutes. They require the registration with the State Corporation Commission of Virginia of any person or corporation who engages in the solicitation of funds to be used in the prosecution of suits in which it has no pe cuniary right or liability, or in suits on behalf of any race or color, or who engages as one of its principal activities in promoting or opposing the passage of legislation by the General Assembly on behalf of any race or color, or in the advocacy of racial integration or segregation, or whose activities tend to cause racial conflicts or violence. Penalties for failure to register in violation of the statutes are provided. Chapters 33, 35 and 36 relate to the procedure for suspension and revocation of licenses of attorneys at law, to the crime of barratry and to the inducement and instigation of legal proceedings. It is made unlawful for any person or corporation; to act as an agent for another who employs a lawyer in a proceeding in which the principal is not a party and has no pecuniary right or liability; or to accept employment as an attorney from any person known to have violated this provision; or to instigate the institution of a law suit by paying all or part of the expenses of litigation, unless the instigator has a per sonal interest or pecuniary right or liability therein; or to give or receive anything of value as an inducement for the prosecution of a suit, in any state or federal court or be- Testimony as to the activities of the Association and of the Fund was given in large part by Hoy Mlkins, executive secretary of the Association; Thurgood Marshall, director counsel of the Fund; W. Lester Banks, executive secretary of the Virginia State Conference; Oliver W. Hill, chairman of the legal staff of the Virginia State Conference; Spotswood W, Eobinson, III, southeast regional counsel for the Fund. -9- �fore any board or administrative agency within the state, against the Commonwealth, its de partments, subdivisions, officers and employees; or to advise, counsel, or otherwise insti gate the prosecution of such a suit against the Commonwealth, etc., unless the instigator has some interest in the subject or is related to or in a position of trust toward the plaintiff. Penalties for the violation of these statutes are provided. The legislative history of these statutes to which we now refer conclusively shows that they were passed to nullify as far as possible the effect of the decision of the Supreme Court in Brown v. Board of Education, 3k7 U. S. 1;83 and 3il9 U. S. 29k- LEGISLATIVE HISTORY OF STATUTES HI SUIT On May 17, 195U, the Supreme Court in Brown v. Board of Education. 3U7 U.S. 1;83, after argument and reargument, denounced the segregation of the races in public education as a violation of the equal protection clause of the Fourteenth Amendment, and requested the parties as well as the attorneys general of the affected states to file briefs and pre3 sent further argument to assist the court in formulating its decrees. On May 31, 1955, the Supreme Court, after further argument, reaffirmed its posi tion, reversed the judgments below and remanded the cases to the lower courts to take such proceedings as should be necessary and proper to admit the parties to the public school on a racially non-discriminatory basis with all deliberate speed. Amongst the cases in the group considered by the Supreme Court was Davis v. County School Board of Prince Edward County, Virginia, which was instituted on May 23, 1951, on behalf of colored children of high school age in that county. The case had been tried by a three- judge district court after the Commonwealth of Virginia had been permitted to intervene. The court upheldthe validity of the constitutional and statutory enactments of the state which required the segregation of the races in the state schools, but found that the buil dings, curricula and transportation furnished the colored children were inferior to those furnished the white children and ordered the defendants to remedy the defects with diligence and dispatch. 103 F. Supp. 337. As we have seen, this decision was reversed by the Supreme Court on the constitutional point and the duty to eliminate segregation was directly pre1* sented to the State authorities. Their reaction is depicted in the following recital. 3 On the same day, in Bolling v. Sharpe. 3h7 U.S. U97, the Court held that segregation in the public schools in the District of Columbia is a denial of the due process clause of the Fifth Amendment. U On remand, after the filing of numerous motions and the rendering of arguments thereon, the Court entered a decree enjoining racial discrimination in school admission but refused to set a time limit within which the Board should begin compliance, observing the likelihooi of the schools being closed under state law. li;9 F. Supp, li31. This refusal was reversed on appeal, Allen v. County School Board of Prince Edward County,Va., U Cir.,_____ F.2d______ - 10- �On August 30, 1932*5 the Governor of Virginia appointed the Gray Commission on Public Education, composed of thirty-two members of the General Assembly, and directed it to study the effect of the segregation decisions and make such recommendations as might be deemed proper. 1955. The Commission submitted its final report to the Governor on November 11, Referring to prior decisions of the Supreme Court and to the non-judicial authority cited by it in support of the segregation decision, the Commission characterized the latter in the following terms: With this decision, based upon such authority, we are now faced. It is a matter of the gravest import, not only to those communities where problems of race are serious, but to every community in the land, because this decision transcends the matter of segregation in education. It means that irrespective of precedent,(long acquiesced in, the Court can and will change its interpretation of the Constitution at its pleasure, disregarding the orderly processes for its amendment set forth in Article V thereof. It means that the most fundamental of the rights of the states and of their citizens exist b y the Court's sufferance and that the law of the land is whatever the Court may determine it to be by the process of judicial legis lation," The Commission* s general conclusion was that "separate facilities in our public schools are in the best interest of both races, educationally and otherwise, and that com pulsory integration should be resisted by all proper means in our power". To this end the Commission recommended that a special session of the General Assembly be called to autho rize the holding of a constitutional convention in order to amend 5lUl of the Constitution of Virginia which shortly before had been held by the Supreme Court of Appeals of Virginia in Almond v. D a y . 197 V a . 1(19, to prohibit the payment of tuition and other expenses of students who may not desire to attend public schools. The Commission also recommended that legislation be passed conferring broad discretion upon the school authorities to assign pupils in the public schools and to provide for the expenditure of State funds in the pay ment of tuition grants so as to prevent enforced integration. In response to this recom mendation, the General Assembly, on December 3, 1955, meeting in Extra Session, enacted a bill submitting to the voters of the state the question whether such a convention should be held, and on January 9, 1956, the holding of the convention was approved by the voters. On February 1, 1956, the General Assembly in its regular session adopted an "interposition resolution" by votes of 36-to-2 in the Senate and 90-to-5 in the House of Delegates. In this resolution the following declarations were included: "That by its decision of May 17, 1 95b, in the school cases, the Supreme Court of the United States placed upon the Constitution an interpretation, having the effect of an amendment thereto, which inter pretation Virginia emphatically disapproves; *** "That with the Supreme Court's decision aforesaid and this resolution by the General Assembly of Virginia, a question of contested - 11- �2 7 * '■ �"The bill then defines efficient systems of elementary and secon dary public schools as those systems within a county, city or town in which there is no student body, in the respective categories, in which white and colored children are taught. Following these definitions is this further declaration: 'The General Assembly for the purpose of protecting the health and welfare of the people and in order to preserve and maintain an efficient system of public elementary and secondary schools hereby declares and establishes it to be the policy of this Commonwealth that no public elementary or secondary schools in which white and colored children are mixed and taught shall be entitled to or shall receive any funds from the State Treasury for their operation, and, to that end, forbids and prohibits the ex penditure of any part of the funds appropriated *#* for the estab lishment and maintenance of any system of public elementary or secondary schools, which is not efficient.' "This policy is in harmony with 5129 of the State Constitution, which provides that 'The General Assembly shall establish and maintain an efficient system of public free schools throughout the state.' Manifestly, integration of the races would make impossible the operation of an efficient system. By this proposed legislation, the General Assembly, properly exercising its autho rity under the Constitution, will clearly define what constitute an efficient system for which State appropriations are made." The purpose for which the Extra Session was called was emphasized in the following exhortation with which the Governor concluded his address: "The proposed legislation recognizes the fact that this is the time for a decisive and clear answer to these questions: "(l) Do we accept the attempt of the Supreme Court of the United States, without constitutional or any other legal basis, to usurp the rights of the States and dictate the administration of their internal affairs? (2 ) Do we accept integration? (3) Do we want to permit the destruction of our schools by permitting 'a little integration' and witness its subsequent sure and certain insidious spread throughout the Commonwealth? My answer is a positive 'No'. On the other hand, shall we take all appropriate mea sures honorably, legally and constitutionally available to us, to resist this illegal encroachment upon our sovereign powers? My answer is a definite 'Yes' and I believe it is to be the answer of the vast majority of the white people of Virginia, as well as the answer of a large, if unknown, number of Negro citizens." The Legislature responded at once to the Governor's appeal. The principal bill to which he referred in his address became Chapter 71 of the Acts passed at the Extra Session. It appropriated funds for the maintenance of the elementary and secondary schools of the state for the ensuing biennium and included the declarations above set out, whereby the use of the funds for integrated schools are prohibited. An accompanying Act, Chapter 70, known as the Pupil Placement Act, requires each pupil to attend his present segregated school unless a transfer is authorized by a Pupil Placement Board appointed by the Governor; and the Board is required to consider the effectof its decisions upon the efficiency of the schools which, according to the declarations by preserving segregation of the races. of the Legislature, can be maintained only A review of the decisions of the Board is provided through a cumbersome and costly procedure. Another companion statute. Chapter 68, provides -13- �that if children of both races are enrolled in the same school by any school authorities acting voluntarily or under the compulsion of an order of court, the school shall be closed and removed from the public school system and the control of the school shall be vested in the state and not reopened until the Governor finds that it can be done without enforced integration. The Pupil Placement Act was considered at length and held unconstitutional by this court in Adkins v. School Board of the City of Newport Mews. ll»8 F. Supp. h30, the terms of the Act are set out in full and the legislative history is reviewed. wherein The opinion of the court pointed out that the administrative remedy afforded to an aggrieved person by the Act would consume at least 105 days between the filing of the protest and the final decision which was lodged in the hands of the Governor. On appeal the judgment of the District Court was affirmed, 2l»6 F.2d 325, cert. den. ___________ tT.S.__________ . EFFECT OF PASSAGE OF STATUTES IH SUIT It was in this setting ^ that the Acts now before the court were passed as parts of the general plan of massive resistance to the integration of schools of the state under the Supreme Court's decrees. /The agitation involved in the widespread discussion of the subject and the passage of the statutes by the Legislature have had a marked effect upon the public mind -which has been reflected in hostility to the activities of the plaintiffs in these cases. This has been shown not only by the falling off of revenues, indicated above. 6 While it is well settled that a court may not inquire into the legislative motive (Tenney v. Brandhove. 3hl U.S. 367, 377), it is equally well settled that a court may inquire into the legislative purpose. (See Baskin v. Brown I Cir., 17U F.2d 391, 392-393, and Davis i v. Schnell. 81 F. Supp. 872, 878-880, aff'd 336 U.S. 933, in which state efforts to disenfranchise Negroes were struck down as violative of the Fifteenth Amendment.) Legislative motive— good or bad— is irrelevant to the process of judicial review; but legislative purpose is of primary importance in determining the propriety of legislative action, since the purpose itself must be within the legislative competence, and the methods used must be reasonably likely to accomplish that purpose. Because of this necessity, a study of legislative purpose is of the highest relevance when a claim of unconstitutionality is put forward. Usually a court looks into the legislative history to clear up some statutory ambiguity, as in Davis v. Schnell. 8l F. Supp. at 878; but such ambiguity is not the sine qua non for a judicial inquiry into legislative history. i See the decision in Lane v. Wilson. 307 0. S. 268, in which the Supreme Court showed that the state statute before the court was merely an attempt to avoid a previous decision in which the "grand father1 clause of an earlier statute had been held void. 1 �but also by manifestations of ill will toward white and colored citizens who are known to be sympathetic with the aspirations of the colored people for equal treatment, particularly in the field of public education. A number of white citizens who attempted to give aid to the movement by speaking out on behalf of the colored people, or by taking membership in the Association, or joining the complainants in school suits, have been subjected to various kinds of annoyance. When their names appeared in the public press in connection with these activities they were besieged day and night by telephone calls which were obscene, threatening, abusive, or merely silent interruptions to the peace and comfort of their homes. and telegrams of like nature were also received. letters Some of these persons found themselves cut by their friends and made unwelcome where they had formerly been received with kindness and respect. Two crosses were burned near the homes of two of them; an effigy was hung in the yard of a white plaintiff in a school case, and a hearse was sent to the home of the colored president of the Norfolk branch of the Association during his absence "to pick up his body." The last mentioned person was also chairman of the local branch of a labor union and a man of prominence in his community. He had been active and successful in directing membership fcampaigns for the Association in prior years but in 1957 he found that the solicitors were unwilling to continue their work. Colored lawyers on the State Conference legal staff were assailed with fear that enforcement of the statutes now before this court would result in loss of their licenses to practice should they continue their activities on the Association’s behalf. Numerous newspaper articles offered in evidence show that the proposal to integrate the schools was a prime subject of public interest and discussion throughout the state. They are received over objections by the defendants only as evidence of this fact and not to prove the accuracy of the statements therein contained. Cln view of all the evidence, we find that the activities of the State authorities in support of the general plan to obstruct the integration of the races in schools in Virginia, of which plan the statutes in suit V * form an important part, brought about a loss of members and a reduction of the revenues of it the Association and made it more difficult to accomplish its legitimate aims. The defendants on their own behalf produced as witnesses six of the plaintiffs in the Prince Edward County school case. All of them had been visited by representatives of the Boatwright Committee' of the legislature, which had been created by Chapter 3h of the Acts passed at the Extra Session, and had been authorized to make a thorough investigation into the activities of corporations or associations which seek to influence, encourage or promote litigation relating to racial activities in the State. These witnesses testified either that they did not know that they were parties to the Prince Edward suit or that they - 15- �merely wanted better schools for their children and did not want integrated schools. They also testified that they suffered no mistreatment by reason of their names being used as plaintiffs in the suit. The evidence, however, shows that the first step leading to the litigation in Prince Edward County was a strike of the children in the colored high school who refused to attend classes for a period of two weeks as a protest against the undesira ble conditions in the school. After the strike there were meetings of the parents in the school building and in the nearby Baptist Church which were addressed by lawyers of the legal staff of the Virginia State Conference of the Association, who were in attendance at the request of the parents of the children, as well as by other persons. The speakers expressed the opinion that in order to secure fair treatment for the colored pupils it would be necessary to institute a suit for the establishment of an integrated school. It was further shown that ^ach of the six witnesses had signed a paper authorizing Hill, Martin and Robinson, attorneys, to act for and on behalf of them and their children to secure such educational opportunities as they might be entitiled to under the Constitution and laws of the United States and to represent them in all suits of whatever kind pertaining thereto The record in the Prince Edward case shows that 186 persons were joined as parties plaintiff. The Attorney General of Alabama testified as to to racial disturbances and disor ders in 1955 and 1956 arising in his State in connection with the attempt to enroll colored students in white schools and involving acts of violence and personal injuiy t,i colored persons. He attributed these activities in large part to white men associated in a splin ter organization of the Ku Klux Klan and expressed the opinion that the registration of members of the organization under an act like Chapter 32 in this case would aid in the identification and successful prosecution of the offenders. Similarly he thought it would be helpful to require the registration of members of a Negro organization in Tuskegee, which succeeded in same measure to the work of the N.A.A.C.P., after it had been enjoined from and operating in Alabama and had engaged in boycotting white merchants in the community/for this purpose had engaged in threats and acts of intimidation. The Attorney General conceded that he was hostile to the N.A.A.C.P. and had filed suit against the Ku Klux Klan The sheriffs of four southside Virginia counties in which the Negro population ranges from 1* per-cent, to 51* per-cent, and in one. instance to 77 per-cent of the total, 5 testified that the relation of the race in their jurisdictions was good but that in their opinion integration in the public schools would result in disturbances and, perhaps, in blood shedj and that a list of persons active in racial matters would aid them in preser ving -the peace and in selecting deputies to enforce the law. - 16- We find that the oppisition �to integration in the public schools is especially strong in this section of Superintendent of the Virginia. The Virginia State Police agreed with the opinion that lists of persons active in racial matters would help 1 aw enforcement even though the lists might contain thirteen or fourteen thousand names. A representative of the law department of the Association of American Railroads testified for the defendants that through investigations he had become familiar with the solicitation of personal injury claims b y attorneys, and generally with the offenses of bar ratry and running and capping; and that such activities occur in Virginia and that the in formation required to be filed under Chapter 31 of the Acts of the Extra Session would be helpful in investigating such activities. Mr. C. Harrison Mann, Jr., a lawyer and a delegate to the General Assembly, testified on behalf of the defendants that he was the chief patron of the Acts of Legisla ture now in suit and that he was moved by two purposes in connection with the legislation. He was alarmed at the activities of a white leader who is violently fighting integration in the eastern part of the United States and was operating in Extra Session convened. Washington shortly before the It was the opinion of the witness that these activities would lead to racial tension and possibly violence and that it was highly desirable that the identities of the responsible people be made known by registration. With respect to the passage of the Acts relating to the practice of law in Virginia, the delegate was influenced by re ports in the press that certain persons were Joined as plaintiffs in the Prince Edward suit without lmowlege that integration of the races in the schools was at issue and that in other parts of the country there were reports that the Association was soliciting the institution of suits by plaintiffs and practicing law, which he considered to be a breach of legal ethics and bad public policy. He also gave evidence that he was subject to abuse from various sources by reason of his activities. DEFEHDAHT1S MOTIONS TO DISMISS Civil Rights of Corporation After the institution of the pending suits the defendants filed motions to dismiss in each case on the ground that the complaints did not state a controversy over which the court had Jurisdiction. The motions were dismissed after argument and the defen dants were required to answer with leave to renew the contention after the hearing on the evidence. They now dispute the Jurisdiction of the Court, first, on the ground that a cor poration is not a person entitled to bring suit for deprivation of rights, privileges or immunities granted by the Constitution or laws of the United -17- States under 1*2 U.S.C. 1983, �over which jurisdiction is conferred upon the district courts by 28 U.S.C. 5l3l>3(3). It is pointed out that these sections are derived from the Civil Eights Act of 1871, which was enacted to give effect to the provisions of the Fourteenth Amendment and thereby to prevent the deprivation of the rights of natural persons under the color of any state law. Reliance is placed chiefly on the concurring opinion of Justice Stone in Hague v. C.I.O.. 307 U.S. k96, where suit was brought by individual citizens and a membership corporation who claimed that under an ordinance of Jersey City they were deprived of the privilege of free speech and free assembly secured to them as citizens of the United States by the Fourteenth Amendment. The ordinance was held unconstitutional as an undue restriction of these rights and relief was granted to the individual plaintiffs but denied to a corporate plaintiff for the reason expressed in the opinion o f Justice Roberts (page 5lb) that "natural persons and they alone are entitled to the privileges and immunities which Section 1 of the Fourteenth Amendment secures for citizens of the United States". This holding that corpora tions are not "citizens" within this clause of the Fourteenth Amendment is not disputed! bu,t Justice Stone, who concurred in the judgment but differed with the reasons expressed by his colleagues, wrote a separate opinion in which he went further and made the following statement (page 527)! "Since freedom of speech and freedom of assembly are rights secured to persons by the due process clause, all of the individual respondents are plainly authorized by $1 of the Civil Rights Act of 1871 to maintain the present suit in equity to restrain infringement of their rights. As to the American Civil Liberties Union, which is a corporation, it cannot be said to be deprived of the civil rights of freedom of speech and of assembly, for the liberty guaranteed by the due process clause is the liber ty of natural, not artificial, persons. Northwestern Life Ins. Co. v. Riggs. 203 U.S. 2lt3, 255; Western Turf Assn, v. Greenberg. MT u .s . 359, 363." ........... This pronouncement supports the defendants' position but it Cannot be said to be a controlling authority since it did not represent the views of the majority of the Court but was concurred in only by Justice Reed (see City of Manchester v. Leiby, 1 Cir., 117 F. 2d 661, 663, 66b). It is of more importance to note that the opinion of Justice Stone did not dis cuss the prior decision of the Court in Gros.iean v. American Press C o . . 297 U.S. 233, where a license tax on advertisement was held invalid at the suit of a newspaper corporation. The Court held (page 2UU) that freedom of speech and of the press are fundamental rights safeguarded by the due process of law clause of the Fourteenth Amendment against abridge ment by state legislation, and although a corporation is not a citizen within the meaning of the privileges and immunities clause, it is a person within the meaning of the equal - 18- �protection and due process clause of that amendment. In other words, the corporation was accorded rights to which it would not have been entitled if the rule announced by Justice Stone had been applied. Subsequent cases have extended this broad interpretation of the word "person" in the Civil Eights Act and have held that a corporation is a person within that Act en titled to challenge the deprivation of rights under color of a state statute to which a money valuation could not be applied. Thus in McCoy v. Providence Journal Co.. 1 Cir., 190 F. 2d 760, it was held that a newspaper corporation, as well as individual persons employed by the corporation, were entitled to bring suit under 28 U.S.C. 13ii3(3) to secure the right to inspect public records which had been denied them by municipal authority! and in Watchtower Bible and Tract Co. v. Los Angeles County. 9 Cir., 181 F.2d 739, it was held that the District Court had jurisdiction to entertain a complaint of a corporation engaged in the circulation of religious literature that it had been subjected to an uncon stitutional tax. Both of these decisions relied upon the pronouncement of the Supreme Court in Grosjean v. American Press Co., supra, and we are in accord with their conclusions. It is true that the Fourteenth Amendment as well as the Civil Eights statutes were enacted for the purpose of securing colored persons against unjustifiable discrimination, but in the development of the law the protection afforded by the Amendment has not been confined to natural persons, and there is no reasonable ground at this time to deny the protection afforded b y the Civil Eights Act to corporations which are engaged through their agents in public speech and in the circulation of literature designed to protect the rights of natural persons in whose interest the enactments were originally passed. In these days, when corporate organization is well-nigh necessary for the conduct of large enterprises, the propriety of including them within the protection of the Act would seem to be obvious; and since the word "person" in the Fourteenth Amendment has been broadly construed to 7 include corporations in the protection of their property rights, there is no good reason why the same liberality of interpretation should not be used when the corporation is formed not for purposes of profit but for the protection of the liberties of the individuals. JURISDICTIONAL AMOUNT Secondly, the defendants contest the right of the plaintiffs to obtain relief 7 See Pennekamp v. Florida. 328 U.S. 331 and Burstyn. Inc, v. liaison. 3h3 U.S. k9?, in each of which the Court upheld the right of a business corporation to freedom of speech and freedom of the press. It seems illogical and meaningless to deny the same rights to a nonprofit corporation organized to protect the freedoms of natural persons since the latter may always be properly joined as parties plaintiff in suits brought by the corporation on their behalf. See 66 Tale Law Journal 5b5, 5U8. -19- �in this court under 28 U.S.C. J {1331 and 1332 which confer upon the district courts jurisdiction over civil actions arising under the Constitution and laws of the United States and civil actions between citizens of different states, where the matter in controversy ex ceeds the sum of $3,000.00 exclusive of interest and costs. The contention is that the plaintiffs did not allege in their complaints or prove at the hearing sufficient facts to establish the jurisdictional amount. In substance the evidence shows that the membership of the Association in Virginia dropped from 19,1(36 for the first eight months of 1956, prior to the passage of the statutes in suit, to 13,595 in the first eight months of 1957, after the enactments. In the same period the income of the Association in Virginia showed a de cline from $1(3,612.75 to $37.1(70.00. and its national income a decline from $598,6l2.81( for the year 1956 to $1(25,608.13 for the first eight months of 1957. losses in these periods. The Fund also experienced Its income rose steadily until 1956, when it became $351,283.32 although its operations in Texas were restrained in September by an order of the court. Its income dropped in the subsequent period, as is shown by contrasting its income of $180,000.00 for the first eight months of 1957 with its income of $21(6,000.00 for the same period of 1956. In Virginia, its income dropped from $1,859.20 for 15*56 to $l(2l|.00 during the first eight months of 1957. When suit is brought for an injunction to restrain the enforcement of a regu latory statute alleged to be invalid because of its continuing harmful effect upon the plaintiff the jurisdiction of the court is to be tested by the value of the object to be gained. Failure to prove that a sufficient amount of damage has already been sustained will not defeat the remedy if the injury is recurrent or continuous, since the advantage to be gained by the complainant from removal of the burden imposed by the statute is the matter in controversy. Glenwood Light & Water Co. v. Mutual L. H. & P. Co.. 239 U.S. 121, 125, 126; Gibbs v. Buck. 307 U.S. 66, 7h; American R. Co. v. South Porto Rico Sugar Co.. 1 Cir., 293 Fed. 670, 673; of. McNutt v. General Motors Accept. Corp.. 298 U.S. 178, 181; KVOS v. Associated Press. 299 U.S. 269, 277. Hence the inquiry in the pending suits is not limited to the immediate effect upon the plaintiffs to be expected from the enforcement of the Virginia statutes but extends to the loss likely to flow from their enforcement through out the years. Nor is the inquiry limited to the impact of the statutes upon the plaint if 's’ business in Virginia, because the registration statutes. Chapters 31 and 32, are not con fined to business done in Virginia but require both plaintiffs to disclose the details of their business throughout the country including a list of all members, all contributions, and all expenditures; and Chapters 33, 35 and 36, relating to the practice of law, for- - 20 - �bid the plaintiffs to pay the costs and expenses of class suits to which most of the contributidns received by the Fund in its recurrent national campaigns are devoted. Taking these facts into consideration, it is manifest that the existence of the required juris dictional amount is established in each of the cases before the court. Certainly it cannot be said that the claim of loss in excess of the jurisdic tional amount was made by the plaintiffs in bad faith for the purpose of conferring juris diction, or that it has been shown to a legal oertainty that less than the amount is involved in the pending suits} and hence the plaintiffs have met the test laid down in the following excerpt from Stl Paul Indemnity Co. v. Cab. Co.. 303 TJ.S. 283, 288-290! "The intent of Congress drastically to restrict federal jurisdiction in controversies between citizens of different states !qas always been rigorously enforced by the courts. The rule governing dismissal for want of jurisdiction in oases brought in the federal court is that, unless the law gives a different rule, the sum claimed by the plaintiff controls if the claim is apparently made in good faith. It must'.appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal. The inability of plaintiff to recover an amount adequate to, give the court jurisdiction does not show his bad faith or oust the jurisdiction. Nor does the fact that the complaint discloses the existence of a valid defense to the claim. But if, from the face of the pleadings, it is apparent, to a legal certainty, that the plaintiff cannot re cover the amount claimed, or if, from the proofs, the court is Satisfied to a like oertainty that the plaintiff never was entitled to recover that amount, and that his claim was therefore colorable for the purpose of conferring jurisdiction, the suit will be dis missed. Events occurring subsequent to the institution of suit which reduce the amount recoverable below the statutory limit do not oust jurisdiction," RESTRAINT OF CRIMINAL PROSECUTION The defendants also invoke the familiar rule that ordinarily a court of equity will not restrain a criminal prosecution based on a state statute, even if the constitu tionality of the statute is involved, since this question can be raised and settled in the criminal case with review by the higher courts as well as in a suit for injunction, Douglas v. Jeannette, 319 TJ.S. 157, 163, l61*j and this is especially true where the only threatened action is a single prosecution of an alleged violation of state law. However, fit is also well recognized that a criminal prosecution may be enjoined under exceptional circumstances where there is a clear showing of danger of immediate irreparable injury. Spielman Motor Co. v. Dodge. 295 U.S. 89, 95} Beal v. Missouri Pacific R. C o r n . . 312 TJ.S. 1*5, 1*9. It is obvious that the present case falls in the latter category. ' The penalties prescribed by the statutes are heavy and they are applicable not only to the corporation but to every person responsible for the management of its affairs, and under Chapter 32 of the statutes each day's failure to register and file the required information constitutes - 21- �a separate punishable offense. The deterrent effect of the statutes upon the acquisition of members, and upon the activities of the lawyers of the plaintiffs under the threat of disciplinary action has already been noted, and the danger of immediate and persistent efforts on the part of the state authorities to interfere with the activities of the plain tiffs has been made manifest by the repeated public statements. The facts of the cases abundantly justify the exercise of the equitable powers of the court. Ex parte Young. 209 U.S. 123, ll*7; Truax v. Raich. 239 U.S. 33; Western Union Telegraph Co. v. Andrews. 216 U.S. 16$; Sterling v. Constantin. 287 U.S. 378. PRIOR CONSTRUCTION OF STATUTES BY STATE SUPREME COURT Finally, the defendants urge that we should not exercise the power to restrain the enforcement of the state statutes but should withhold action until the statutes have been construed by the Supreme Court of Appeals of Virginia. This contention is based on the policy defined in decisions of the Supreme Court of the United States that the federal courts should avoid passing on constitutional questions in situations where an authorita tive interpretation of state law may avoid the constitutional issues. Hence if the inter pretation of a state statute is doubtful or a question of law remains undecided, the federal court should hold its proceedings in abeyance for a reasonable time pending construction of the statute by the state courts or until efforts to obtain such an adjudication have been exhausted. See Spector Motor Co. v. Mclaughlin. 323 U.S. 101; Government & Civic Employees Organ. Com, v. Windsor. 3U7 U.S. 901 and 3$3 U.S, 361*; Shipman v. Dupre. 339 U.S. 321. These rulings, however, do not mefn that the federal courts lose jurisdiction in cases where the state courts have not passed upon the statute under attack or that the federal court is powerless to take any action until a decision by the state court has been rendered. Such a conclusion could not be reached in the pending case since the federal statutes expressly confer jurisdiction upon the federal courts where civil rights have been violated (1*2 U.S. C. 51983), or where federal questions are involved (28 U.S.C. }1331). Thus in Doud v. Hodge, 3$0 U.S. 1*8$, where the constitutionality of a licensing and regula tory statute was involved and jurisdiction of the federal court was invoked under 28 U.S.C. 51331, the Court said (page 1*87): " * ? ■ This Court has never held that a district court -« is without jurisdiction to entertain a prayer for an injunction res training the enforcement of a state statute on grounds of alleged repugnancy to the Federal Constitution simply because the state courts had not yet rendered a clear or definitive decision as to the meaning or federal constitutionality of t,he statute. "We hold that the District Court has jurisdiction of this - 22- �cause. It was error to dismiss the 'complaint for lack of jurisdiction. The judgment of the District Court is vacated and the case is remanded to it. We do not decide what procedures the District Court should follow on remand." See also A. F. of I. v. Watson. 327 U.S. 582 , 599, where, in directing a dis trict court to retain a suit involving the constitutionality of a state statute pending the determination of proceedings in the state courts, the Supreme Court said that the pur pose of the suit in the federal court would not he defeated by this action, since the resources of equity are adequate to deal with the problem so as to avoid unnecessary fric tion with state policies while cases go forward in the state courts for an expeditious adjudication of state law questions. The policy laid down b y the Supreme Court does not require a stay of proceedings in the federal courts in cases of this sort if the state statutes at issue are free of doubt or ambiguity. See the opinion of Judge Parker in Bryan v. Austin. E.D.S.C., 1U8 F. Supp. 563, 567-568, where it was said: "I recognize, of course, that, in the application of the rule of comity, a federal court should stay action pending action by the courts of a state, where it is called upon to enjoin the en forcement of a state statute which has not been interpreted by the state courts, and where the statute is susceptible of an interpre tation which would avoid constitutional invalidity. As the federal courts are bound by the interpretation placed by the highest court of a state upon a statute of that state, they should not enjoin the enforcement of a statute as violative of the Constitution in advance of such an interpretation, if it is reasonably possible for the statute to be given an interpretation which will render it constitu tional. •SHtt{_The rule as to stay of proceedings pending interpretation of a state statute by the courts of the state can have no application to a case, such as we have here, where the meaning of the statute is perfectly clear and where no_interpiieiatiQn-which_could-possibly .be placed upon_ij by the Supreme Court of the state cjruldLrender it con-, stit'utional," j We are not unmindful of the necessity of maintaining the delicate balance be tween state and federal courts under the concept of separate sovereigns. We agree that the constitutionality of state statutes requiring special competence in the interpretation of local law should not be determined by federal courts in advance of a reasonable oppor tunity afforded the parties to seek an adjudication by the state court. With these basic principles we find no fault. It must be remembered, however, that Congress has not seen fit to restrict the jurisdiction of the district courts by imposing as a condition precedent to action by the federal courts, the judicial pronouncement by the state court in cases where the constitu tionality of a state statute is presented and injunctive relief is requested. Concurrent jurisdiction still exists until modified in the wisdom of the legislative branch of our government. -23- �Neither are we given any clear formula to follow under the decisions of the Supreme Court. The more recent decisions of the highest court suggest that statutory three- judge courts should he hesitant in exercising jurisdiction in the absence of state court action, or at least a reasonable opportunity to secure same. It is apparent to us that the Supreme Court has endeavored to grant cautious discretion to district courts in determining whether jurisdiction should be exercised and the matter considered on its merits, as con trasted with the acceptance of jurisdiction as such. Should this court exercise such juris diction under the facts and circumstances of this case, bearing in mind the importance of the questions presented? Me are advised that Virginia is not alone in enacting legislation seriously impeding the activities of the plaintiff corporations through the passage of similar laws ( t3 7a. L. Rev. 12l*l). l As heretofore noted, the problem for determination is essentially a federal question with no peculiarities of local law. £where the statute is free from am biguity and there remains no reasonable interpretation which will render it constitutional, there are compelling reasons to bring about an expedious and final ascertainment of the constitutionality of these statutes to the end that a multiplicity of similar actions may, if possible, be avoidedy CONSTITUTIONALITY OF CHAPTERS 31 and 32 This discussion brings us at last to a consideration of the attack made on the constitutionality of the statutes in their bearing upon the activities of the plaintiffs. ^The two registration statutes. Chapters 31 and 32, are free from ambiguities which require a prior interpretation by the courts of the state and hence the obligations to pass on the question of constitutionality cannot be avoided.^ Chapter 32 is the more sweeping of the two. Section 1 declares that harmonious relations between the races are essential to the welfare, health and safety of the people of Virginia and that it is the duty of the government to exercise all available means to prevent conditions which impede the peaceful co-existence of all the peoples in the state, and that therefore it is vital to the public interest that information be obtained with respect to persons or corporations whose activities may cause interracial tension or unrest. -l2i �8 Section 2 of Chapter 32 requires the registration of any person who in concert with others engages as one of his principal activities (l) in promoting or opposing in any manner the passage of legislation by the General Assembly, in behalf of any race or color, or (2) in advocating racial integration or segregation; and the statute also re quires the registration of any person, (3) whose activities cause or tend to cause racial conflict or violence, or (U) who is engaged in raising or expending funds for the employ ment of counsel or the payment of costs in connection with racial litigation. The Association is admittedly engaged in activities (l), (2) and ( i and the l) defendants have offered evidence tending to show that these activities, if successful in bringing about integration, would cause racial conflicts and violence. The Fund is engaged in activities (2) and (Ij). The sort of registration required by Chapter 32 has a definite bearing upon the validity of the enactment, since a statement of the business of the registrant in much de tail is prescribed. The registrant, if a corporation, is required by 53 of the statute to file a statement showing amongst other things the business address of all of its offices, the purpose for which it was formed, a copy of its charter, the names of its principal officers, and the names and addresses of all of the persons through whom it carries on its "52. Every person, firm, partnership, corporation or association, whether by or through its agents, servants, employees, officers, or voluntary workers or associates, who or which engages as one of its principal functions or activities in the promoting or oppo sing in any manner the passage of legislation by the General Assembly in behalf of any race or color, or who or which has as one of its principal functions or activities the advocating or racial integration or segregation or whose activities cause or tend to cause racial conflicts or violence, or who or which is engaged or engages in raising or expending funds for the employment of counsel or payment of costs in connection with litigation in behalf of any race or color, in this State, shall, within sixty days after the effective date of this act and annually within sixty days following the first of each year thereafter, cause his or its name to be registered with the clerk of the State Corporation Commission, as hereinafter provided; provided that in the case of any person, firm, partnership, corporation, association or organization, whose activities have not been of such nature as to require it to register under this act, such person, firm, partnership, corporation, association or organization, within sixty days following the date on which he or it engages in any activity making registration under this act ap plicable, shall cause his or its name to be registered with the clerk of the State Cor poration Commission, as hereinafter provided; and provided, further, that nothing herein shall apply to the right of the people peaceably to assemble and to petition the govern ment for a redress of grievances, or to an individual freely speaking or publishing on his own behalf in the expression of his opinion and engaging in no other activity subject to the provisions hereof and not acting in concert with other persons." -25- �activities in the state, a list of its members and their addresses, a financial statement of assets and liabilities, an itemized list of its contributions and other income during the preceding year, and a list of its expenditures in detail. Section 3 provides that, at the time of registration, information as to the pre ceding year -shall -be furnished under oath as to the source of any funds received or expended for the purposes set forth in J 2 including the name and address of each contributor and f, an itemized statement of expenditures, and also, if the registrant is a corporation, a list of its members in the state and their addresses and a financial statement showing the assets and liabilities, the source of its income, itemizing contributions and the sources thereof, and a list of expenditures in detail. Section 5 makes it a misdemeanor for any person to engage in the activities des cribed in }2 without registration, punishable, in the case of a corporation, by a fine not exceeding $10,000.00, each day's failure to register constituting a separate offense and punishable .as such. Section 6 provides that any person failing to comply with the Act may be en joined from continuing its activities by any court of competent jurisdiction. Section 9 excepts from the Act newspapers, periodicals, magazines or other like means admitted as second class matter in the United States Post Office, as well as radio, television, facsimile broadcast or wire service operations. Also excepted are persons or associations in a political election campaign or persons acting together because of acti vities connected with political campaigns. :Undoubtedly the burden of supplying these statements imposed upon persons who engage in activities (l) and (2) constitutes a restriction upon the right of free speech which, as we have seen, the Association is entitled to exercise^/ Hence the question arises whether the statute is within the police powers which, in the past, have been properly 9 exercised in -many fields. The defendants point out that the promoting or opposing passage of legislation covered by clause (l) may involve lobbying, which has long been recognized 9 Among the authorities cited by the defendants were cases upholding regulation by regis tration applicable to vocational activities (United States v. Harriss.lh? U.S. 612 (195>U) and United States v. Slaughter. 89 F. Supp. 205 (1950) on lobbyists: Viereck v. United States. 318 U.S. 236 (19U3) and United States v. Peace Information Center. 97 F. Supp. 254 (1951) on foreign agents), subversion (Communist Party v. Subversive Activities Control Board. D.C. Cir., 223 F.2d 531 (195U) and Albertson 7. Millard, 106 F. Supp. 635 (1952y and presidential election activities (Burroughs v. United States. 290 U.S. 53lt (193ll). Cases involving Congressional control of the second class mailing privilege (Lewis Publishing Co. y. Morgan, 229 U.S. 288 (1913)), and state control over fratemities in state schools' (Waugh v. Mississippi University. 237 U.S. 589 (1915) and Webb v. State University of Mew York. 125 F. Supp. 910 (195U))are also cited. - 26 - �as a proper subject of regulations by the state and federal governments. Thus it was de cided in United States v. Harriss. 3U7 U.S. 612, by a divided court, that the registration provisions of the Federal Regulation of Lobbying Act did not violate freedom of speech, provided the scope of the Act was limited to persons who had solicited or received contri butions to influence or defeat the passage of legislation and who intended to accomplish this purpose through direct communication with members of Congress. The plain implication of the decision, as appears clearly from the dissenting opinions, is that unless the Act were so limited it would be an unwarranted interference with the right of free speech. The lobbying statute of the State of Virginia, 5 5 33-20 to 30-28, is likewise limited to those who employ a person to promote or oppose the passage and to a person accepting such employment.. of an act of the General Assembly Such a person is required to register his name upon a legislative docket. The terms of clause (l) of 52 of the Act contain no such limitation. They apply to any person whose principal activities include "the promoting or opposing in any manner the passage of legislation b y the General Assembly," excepting however, by 59 of the Act, newspapers and similar publications, communications by radio and television, and persons engaged in a political election campaign, jlfence the duty to register is imposed upon anyone who in concert with others merely speaks or writes on the subject, even if he has had no contact of any kind with the legislative body and has neither received nor spent any money to further his purpose. The discriminating and oppressive character of the provision is emphasized b y the exemption of persons engaged in a political election campaign who are free to speak without registration, whereas, persons having no direct interest in elections as such and concerned only with securing equal rights for all persons are covered by the "V. statute. Manifestly so broad a restriction cannot be held valid under the rulingfof United States v. Harriss. supra. The terms of clause (2) impinge directly upon the field of free speech for they apply to anyone, with the same exceptions, whose present activities include "the advocacy of racial integration or segregation," and so the same problem of the extent of regula tory power is presented. It must be borne in mind in considering the question that the prohibition against laws abridging the freedom of speech, press and assembly contained in the First Amendment is not absolute, for, as was said in Communications Assn, v. Douds. 339 U.S. 382, 39U, "it has long been established that these freedoms themselves are depen dent upon the power of constitutional government to survive." Consequently in that case the non-Communist affidavits required by the Labor Management Relations Act were upheld even though the situation did not meet the clear and present danger test laid down in -27- �Schenck v. United States. 2lj9 U.S. Ii7; and in Dennis v. United States. 3II U.S. 4 b9h, the clear and present danger test was applied in upholding a conviction under the Smith Act, which made it a crime to organize a group which knowingly and wilfully advocates the violent overthrow of the Government of the United States. The defendants insist that Chapter 32 was enacted for the commendable purpose of protecting the public welfare and safety and therefore should be upheld. They point to the declaration of the policy in the preamble of the statute to eliminate all conditions which impede the peaceful co-existence of all persons in the state and which, according to the testimony of law enforcement officers, it threatened by the effort to establish in tegration of the races in the public schools. Great dependence is placed upon the decision of the Supreme Court in Bryant v. Zimmerman. 278 U.S. 63 (1928), which is described as the leading case in this field most pertinent to the matter now before the court. The Supreme Court upheld a New York statute, aimed at the activities of the Ku Klux Klan, which re quired associations having an oath-bound membership to file lists of their members and officers with a State officer and made it a crime for members to attend meetings knowing that the registration requirement had not been complied with. It was held that the statute as ap plied to a member of the Ku Klux Klan would not violate the due process clause of the Fourteenth Amendment since the state, for its own protection, was entitled to the disclo sure as a deterrent to violations of the law; and also that there was no denial of equal protection in excepting labor unions, Nasons and other fraternal bodies from the statutes, since there was a tendency on the part of the Ku Klux Klan to shroud its acts in secrecy and engage in conduct inimical to the public welfare. We do not think that these decisions justify the restriction upon public dis cussion which Chapter 32 imposes upon the plaintiffs in this case. [^Obviously the purpose and effect of a regulatory act must be examined in each case in light of the existing situation. In the present instance the executive and legislative officers of the state have publicly and forcibly announced their determination to impede and, if possible, to prevent the integration of the races by all lawful means; and the statutes passed at the Extra Session were clearly designed to cripple the agencies that have had the greatest success in promoting the rights of colored persons to equality of treatment in the past, and are possessed of sufficient resources to make an effort at this time to secure the en forcement of the Supreme Court's decree. The statute is not aimed, as the act considered in Bryant v. Zimmerman, at curbing the activities of an association likely to engage in violation of the law, but at bodies who are endeavoring to abide by and enforce the law and -28- �have not themselves engaged in acts of violence or disturbance of the public peace.~7 The Act is not saved, in so far as the plaintiffs are concerned, by making it applicable to advocates of both sides of the dispute so that it requires a disclosure of the names of persons wiio may be led to acts of violence by reason of their hostility to integration. Such a provision does not lead to equality of treatment under the circum stances known by the legislature to prevail.? Registration of persons engaged in a popular cause imposes no hardship while, as the evidence in this case shows, registration of names of persons who resist the popular will would lead net only to expressions of ill will and hostility but to the loss of members by the plaintiff's Association/? Nor can the statute be sustained on the ground that breaches of peace may occur if integration in the public schools is enforced. The same contention was made in Buchanan v. Warley, 2 * > U.S. 60, where the court struck down an ordinance of the City of Louisville l5 which forbade colored persons to occupy houses In blocks occupied for the most part by white persons. The court rejected the contention that the prohibition should be sustained on the ground that it served to diminish miscegenation and to promote the public peace by averting race hostility. See pages 73~7h» "This drastic measure is sought to be justified under the authority of the State in the exercise of the police poifer. It is said such legislation tends to promote the public peace by preventing racial conflicts; that it tends to maintain racial purity; that it prevents the deterioration of property owned and occupied by white people, which deterioration, it is contended, is sure to follow the occupancy of adjacent premises by persons of color. "The authority of the State to pass laws in the exercise of the police power, having for their ohject the promotion of the public health, safety and welfare is very broad as has been affirmed in numerousiand recent decisions of this court. Furthermore, the exercise of this power, embracing nearly all legislation of a local character, is net to be interfered with by the courts where it is within the scope of legislative authority and the means adopted reasonably tend to accomplish a lawful, purpose. ujut it is equally well established that the police power, broad as it is, cannot justify the pa sage of a law or ordinance which runs counter to the limitations of the Federal Const!tutionj^that principle has been so frequently affirmed in this court that we need not stop to cite the cases." [This comment strikes home with peculiar force to the situation in Virginia where the attitude of the public authorities oper ages opposition to the law of the land, which may easily find expression in oh turbances of the public peace.j’That which was said in Gros.lv an v. American Press C o , . 297 U.S. 233, 23>0, in respect to a state license tax imposed on the owners of newspapers is pertinent here; " ***• the tax here involved is bad not because it takes money from the pockets of the appellees. If that were all, a wholly different question would be presented. It is bad because, in the light of its �f i history and of its present setting, it is seen to be a deliberate and calculated device in the guise of a tax to limit the circulation of information to which the public is entitled in virtue of the consti tutional guaranties. A free press stands as one of the great inter preters between the government and the people. To allow it to be fettered is to fetter ourselves." For our purpose it is of special significance that in Thomas v. Collins. 323 U.S. 5l6, the Supreme Court held invalid a statute which required a union organizer merely to register and secure an organizer's card from a state officer before soliciting membership in a labor union in a public speech. It was said "that as a matter of principle a requirement of registration in order to make a public speech would seem generally in compatible with the exercise of free speech and free assembly". The greater burden of the registration statutes in suit is manifest. /Title terms of clause (3) of j ? of the statute requiring registration of anyone j whose activities cause or tend to cause racial conflicts or violence require little dis cussion. They are so vague and indefinite that the clause taken by itself does not satisfy the constitutional requirement that a criminal statute must give to a person of ordinary intelligence fair notice of the kind of conduct that constitutes the crime. United States v. Harriss. 3il7 U.S. 6l2. Clause ( • of Chapter 32 requires the registration of anyone who engages in !) raising or expending funds for the employment of counsel or the payment of costs in con nection with litigation on behalf of any race or color. In connection with other provisions contained in Chapters 31, 33, 35 and 36 relating to litigation, it constitutes an important part, perhaps the most important part, of the plan devised by the state authorities tc impede or to prevent the integration of the races in the schools of the state; and it subjects the participant to all of the details of registration above described. In its broad coverage the statute applies to any individual who employs and pays a lawyer to act for him in a law suit involving a racial question. It also covers the plaintiff corporations in their effort to raise the money which in the past has beer ( used to assist the colored people in the prosecution of suits to secure their constitutional -30- �/ / ' rights both before and after the decision in Brown v. Board of Education. 10 (jThe right of access to the courts is one of the great safeguards of the liberties of the people and its denial or undue restriction is a violation of the due process clauses of the Fifth and Fourteenth Amendments. That the restriction is onerous in this instance cannot be denied, for it is not confined to identification of the collectors of the funds but requires the disclosure of every contributor and of every member of the Association whose annual dues may have been used in part to pay the expenses of Undoubtedly a state may protect its citizens from fraudulent solicitation of funds by requiring a collector to establish his identity and his authority to act; and the state may also regulate the time and manner of the solicitation in the interest of public safety and convenience. Collins. 323 U.S. 5l6, 5 . 0 I|. Cantwell v. Connecticut, 310 U.S, 296, 306; Thomas v. Corrupt Practices Acts which seek to preserve the purity of elections by requiring the disclosure of the identity of those who strive to influence the choice of public officials are also a proper subject of legislative regulation, Burroughs v. United States. 290 U.S, very different case. $3k- The statute before us, however, presents a It requires not merely the identity of the collector of the funds but the disclosure of the name of every contributor. 10 In effect, as applied to this case. The reported oases from both federal and state courts in this Circuit in which the Association or the Fund has taken an active part include: Dawson v. Mayor and City Council of Baltimore City and Lonesome v. Maxwell. 220 F.2d 386, aff'd mem. 350 U.S. 877, and Department of Conservation and Development v. Tate, 231 F .2d 6l5, cert, denied 35)2 U.S. 838, dealing with segregation at Maryland public beaches and Virginia public parks; Korean v. Commonwealth. 181: Fa. 2k, rev'd 328 TJ.S. 373, and Flemming v. South Carolina Elec. & Gas C o . . 22li F. 2d 752 and 239 F.2d 277, concerning segre gation in bus transportation; Alston v. School Board of City of Norfolk. 112 F. 2d 992, cert, denied 311 TJ.S. 693, dealing with discriminatory fixing of school teachers' salaries; University of Maryland v. Hurray, 169 Kd. 1:78 and Kerr v. Enoch Pratt Free Library of Baltimore City. Iu9 F. 2d 212, cert, denied 326 U.S. 721, concerning racial discrimination in professional school admissions; Briggs v. Elliott. 103 F. Supp. 920, rev'd 3l*7 U.S.' 1(83, remanded 31:9 U.S. 29k, decree entered 132 F. Supp. 776; Davis v. County School Board of Prince Edward County. 103 F. Supp. 337, rev'd 3h7 U.S. l|83, remanded 3k9 U.S. 29li, decree entered sub nom; Allen v. County School Board of Prince Edward County. Iit9 F. Supp, 1*31, r e v ' d _________F. 2d__________ .5 Hood v. Board of Trustees of Sumter County, 232 F,2d 626: School Board of the City of Charlottesville. Fa. v. Allen and County School Board of Arlington County, Fa, v. Thompson, 2lj0 F.2d 59; School Board of the City of Newport News. Fa. v. Atkins and School Board of the City of Norfolk. Va. v- Beckett. 2J|6 F.2d 325, cert, den. 355 U.S. , and Slade v. Board of Education of Harford County. M d . . 152 F. Supp. llh, relating to segregation in the public schools. -31- �it requires every person who desires to become a member of the Association and to exercise with it the rights of*free speech and free assembly to be registered, and the size of his contribution to be shown. This seems to us far more onerous than the requirement of a license to speak, which was struck down as unconstitutional in Thomas v. Collins, supra, especially as in this instance the disclosure is prescribed as part of /a deliberate plan to impede the contributors in the assertion of their constitutional rights. ' In our opinion all four clauses of 52 as applied to the plaintiffs in this case are unconstitu tional. In reaching this conclusion we may fairly consider not only the rights of the plaintiff corporations but also the rights of the individuals for whom they speak, parti cularly the rights of the members of the Association and generally the members of the colored race in whose interests the plaintiffs carry on their work. The rights that the plaintiffs assert take their color and substance from the rights of their constituents} and it is now held that where there is need to protect fundamental constitutional rights the rule of practice is relaxed, which confines a party to the assertion of his own rights as distinguished from the rights of others. See Barrows v. Jackson. 3lj6 U.S. 2h9, 257. This rule was applied in Brewer v. Hoxie School District.8 Cir., 238 F.2d 91, lOii, where the school board in an Arkansas county brought suit to restrain certain organizations from obstructing the board in its efforts to secure the equal protection of the laws to all persons in the operation of the public schools in the district. The court said: "The school board having the duty to afford the children the equal protection of the law has the correlative right, as has been pointed out, to protection in performance of its function. Its right is thus intimately identified with the right of the children them selves. The right does not arise solely from the interest of the parties concerned, but from the necessity of the government itself. * * * * * Though, generally speaking, the right to equal protection is a personal right of individuals, this is 'only a rule of practice', * « ■ * * * which will not be followed where the identity of interest between the party asserting the right and the party in whose favor the right directly exists is sufficiently close." -32- �For like reasons Chapter 31, which covers much the same ground as clause of 52 of Chapter 32, must also be held invalid. (h) The introductory paragraph of 52 is as follows: "Ho person shall engage in the solicitation of funds from the public or any segment thereof when such funds will be used in whole or in part to commence or to prosecute further any original proceedings, unless such person is a party or unless he has a pecuniary right or liability therein, nor shall any person expend funds from whatever source received to commence or to prosecute further any original proceedings, unless such person is a party or has a pecuniary right or liability therein until any person shall firsts"— and then follows Section 2(l) which requires the corporation to file annually a copy of its charter, a certified list of its officers and directors and members, a statement showing the source of each contribution or other item of revenue received during the preceding year and, if required by the State Corporation Commission, the name and address of each contri butor; also a statement showing in detail the expenditures during the preceding year and any other information required by the State Corporation Commission. Section 3 makes a violation of the Act a misdemeanor punishable by fine of not more than $10,000 and the denial of admission to do business in the state. Violations of the Act may be enjoined in any court of record having civil jurisdiction. Every director and officer of the corporation and every person responsible for the management of its affairs is personally liable for the payment of the fine. Further consideration of the re-strietions imposed upon litigation on behalf of the colored race by the Virginia plan will be found in the following discussion in respect to Chapters 33, 35 and 36 also passed at the Extra Session of 1956. CHAPTER 35 Chapters 33, 35 and 36 all relate to the improper practice of law. They are of prime importance since they furnish the basis for the contention of the prosecuting officers of the state that the plaintiff corporations are unlawfully engaged in the prac tice of law in Virginia and hence are not entitled to maintain these suits, Chapters 35 and 36, and the amendment of the sections of the Virginia Code relating to the illegal practice of law contained in Chapter 33, are new in the statute law of the state and Lare essential parts of the plan which deprives the colored people of the state of the assis tance of the Association and the Fund in the assertion of their constitutional rights.^/ To this end each of the statutes contains provisions which would bar the Association and the fund from continuing to give the kind of assistance to colored plaintiffs in racial litigation which they have rendered for many years in the past. - 33- �We consider first Chapter 35 since it contains a carefully phrased definition of the crime of barratry and is free from ambiguity. up litigation; Barratry is defined in jl as stirring a barrator is one who stirs up litigation; instigating a person to institute a suit at law or equity. and stirring up litigation means The terms "instigating," "justified" and "direct interest" are defined in 5$l(d), (e) and (f) as follows! "(d) 'Instigating' means bringing it about that all or part of the expenses of the litigation are paid by the barrator or by a person or persons (other than the plaintiffs) acting in concert with the barrator, unless the instigation is justified. "(e) 'Justified' means that the instigator is related by blood or marriage to the plaintiff whom he instigates, or that the instigator is entitled by law to share with the plaintiff in money or property that is the subject of the litigation or that the instigator has a direct in terest in the subject matter of the litigation or occupies a position of trust in relation to the plaintiff; or that the instigator is acting on behalf of a duly constituted legal aid society approved by the Virginia State Bar which offers advice or assistance in all kinds of legal matters to all members of the public who come to it for advice or assistance and are unable because of poverty to pay legal fees, "(f) 'Direct interest' means a personal right or a pecuniary right or liability." The Legislature was careful to make exception of certain special situations and class suits in the following language: "This act shall not be applicable to attorneys who are parties to contingent fee contracts with their clients where the attorney does not protect the client from payment of the costs and expense of litigation, nor shall this act apply to any matter involving annexation, zoning, bond issues, or the hol ding or results of any election or referendum, nor shall this act apply to suits pertaining to or affecting possession of or title to real or personal property, regardless of ownership, nor shall this act apply to suits involving the legality of assessment or collection of taxes or the rates thereof, nor shall this act apply to suits involving rates or charges or services by com mon carriers or public utilities, nor shall this act apply to criminal pro secutions, nor to the payment of attorneys by legal aid societies approved by the Virginia State Bar, nor to proceedings to abate nuisances. Nothing herein shall be construed to be in derogation of the constitutional rights of real parties in interest to employ counsel or to prosecute any available legal remedy under the laws of this State." The reference to the Virginia State Bar 581(e) and (f) is explained by the terms of Chapter 1)7, also passed at the Extra Session, which authorized the State Bar through its governing body to promulgate rules and regulations governing the functions and operation of legal aid societies, and empowered the Attorney General to enforce such rules and regulations if authorized to do so by the State Bar. The record in this case does not show whether the State Bar has taken action under the statute, but for present purposes this is not important since }l(e) of Chapter 35 limits the regulatory power of the State Bar to legal aid societies which offer advice or assistance in all kinds of legal matters to all members of the public who come to it for advice and assistance and -3U- �are unable because of poverty to pay legal fees. Organizations such as the Association and the Fund, which offer advice and assistance to a limited class of persons only, could not claim that they were "justified", even if they should have been approved by the State Bar. Sections 2 and 3 make it a misdemeanor to engage in barratry punishable, if the barrator is a foreign corporation, by a fine of not more than $10,000 and the revoca tion of its certificate of authority to do business in the state} and 56 declares that an attorney at law who violates the Act is guilty of unprofessional conduct and that his license to practice law shall be revoked after hearing (under 551t-7h of the Code) for such period as the court may determine. Obviously the plaintiff corporations will be amenable to these penalties if they continue to pay any part of the expenses of racial litigation in Virginia since they would not be "justified" within the terms of 5l(e) of the Act} and attorneys at law con nected with the plaintiff corporations who prosecute suits for colored persons, when authorized b y them to do so, would also be liable to punishment if they assist, as they have done in the past, in bringing it about that any part of the expenses of litigation are paid by the Association or by the Fund. The broad question is therefore raised as to whether it is within the power of the state to make it a crime for any corporation other than a general legal aid society to pay in whole or in part the expenses of litigation if it has only a general philan thropic or charitable interest in the litigation and does not have the kind of special interest described in the statute. Specifically, as applied to the facts of this ease, the question is whether Virginia may make it a crime for organizations interested in the preservation of civil rights to contribute money for the prosecution of law suits insti tuted to promote this c a u s e / ^ The right of the state to require high standards of qualification for those who desire to practice law within its borders and to revoke or suspend the license to prac tice law of attorneys who have been guilty of unethical conduct is unquestioned. 3chware v. Board of Bar Examiners. 353 C.S. 232} Hichmond Assn, of Credit Men v. Bar Association. 167 Va. 327} Campbell v. Third Hist. Committee. 179 Va. 2 i i il. Solicitation of business by an attorney is regarded as unethical conduct and a proper subject of disciplinary action} and it has been held that the state may prohibit a layman engaged in the business of col lecting accounts from soliciting employment for this purpose, since a regulation which aims to bring the conduct of the business in harmony with the ethical practices of the legal profession is reasonable. McCloskey v. Tobin. 252 U.S. 107. Independent of statute, �it is contrary to public policy for a corporation to practice law, directly or indirectly, since the relationship of attorney and client is one involving the highest trust and con fidence and cannot exist between an attorney employed by the corporation and a client of the corporation; and so in Bichmond Assn, of Credit Men v. Bar Association, supra, it was held that a credit association was engaged in the unlawful practice of law when, acting with the authority of creditors, it selected and paid the lawyers who were employed to make the collection by suit or otherwise. The standards of the legal profession in these respects are carefully set forth in Canon 28 of the Canons of Professional Ethics of the American Bar Association, which con demns the stirring up of strife and litigation and declares it unprofessional for a lawyer to volunteer advice to bring a law suit except in cases where ties of blood, relationship or trust make it his duty to do so. It is declared to be disreputable to engage in such acts as hunting up defects in titles or seeking claims for personal injuries, or employing agents or runners for like purposes. A l t is manifest, however, that the activities of the plaintiff corporations are not undertaken for profit or for the promotion of ordinary business purposes but, rather, for the securing of the rights of citizens without any possibility of financial gainT/ Its activities are not covered by Canon 28 but rather by Canon 35 entitled Intermediaries. which relates inter alia to the aid rendered to indigent litigants b y charitable societies and provides in part as follows: "The professional services of a lawyer should not he controlled or exploited by any lay agency, personal or corporate, which intervenes between client and lawyer. A lawyer's responsibilities and qualifications are individual. He should avoid all relations which direct the performance of his duties b y or in the interest of such intermediary. A lawyer's re lation to his client should be personal, and the responsibility should be direct to the client. Charitable societies rendering aid to the indigents arc not deemed such intermediaries." Canon 35 was cited with approval in Bichmond Assn, of Credit Men v. Bar Associa tion. 167 Va. at 33lw Indeed the exclusion of lawyers when acting for benevolent purposes and charitable societies, as distinguished from business corporations, from the restrictions imposed by the canons of Professional Ethics has long been recognized in the approval given by the courts to services voluntarily offered by members of the bar to persons in need, even when the attorneys have been selected by corporations organized to serve a cause in a controversial field. See the historic incidents listed in the opinion In re Ades. D. C.-Hd. 6 F, Supp. I , 1j75; and see also Gunnells v. Atlanta Bar Assn.. 191 Ga. 366, 12 S.E. 2d 167 602, where the Supreme Court of Georgia refused an injunction to restrain the bar associa tion and its members from offering their services to borrowers of money at usurious rates -36- �in defense of suits that might be brought against them. The Court said at page 382s "It is not wrongful to induce a repudiation of an illegal contract. * # * Nor was the defendant's offer to represent free of charge persons caught in the toils of the usurious money-lender in defending against such illegal exactions, and to represent them in bringing actions to recover amounts il legally paid under loan contract, a violation of the Code, * * * in reference to the solicitation of legal employment and the offense of barratry. We do not believe that it is true, as contended by counsel for the plaintiff, that the enforcement of the usury laws of this State is a matter solely for the law-enforcement officers and of those from whom usury is being exacted, and that it is illegal and unethical for lawyers to publicly critize an alleged widespread violation of such laws and to seek to eradicate the evil by the means here shown. Much could be said as to why their position in the commu nity makes it entirely appropriate that they undertake such a movement and assume such responsibilities in reference to the general welfare of the pub lic. We see no reason why the judgment of the learned judge should be dis turbed." Chapter 35, in failing to recognize this settled rule, violates well-established constitutional principles in its bearing upon the plaintiff corporations. "A State cannot exclude a person from the practice of law or from any other occupation in a manner or for reasons that contravene the Due Process of Equal protection Clause of the Fourteenth Amendment", Schware v. Board of Bar Examiners. 353 U.S. 232, 238. In the first place, the statute obviously violates the equal protection clause, for it forbids the plaintiffs to defray the expenses of racial litigation, while at the same time it legalizes the activities of legal aid societies that serve all needy persons in all sorts of litigation. ment has been offered to the court to sustain this discrimination. No argu Moreover, Chapter 35 violates the due process clause, for it is designed to put the plaintiff corporations out of business b y forbidding them to encourage and assist colored persons to assert rights established b y the decisions of the Supreme Court of the United States. !®ie activities of the plaintiffs as they appear in these cases do not amount to a solicitation of busi ness or a stirring up of litigation of the sort condemned by the ethical standards of the legal profession. They comprise in substance public instruction of the colored people as to the extent of their rights, recommendation that appeals be made to the courts for re lief, offer of assistance in prosecuting the cases when assistance is asked, and the payment of legal expenses for people unable to defend themselvesj and the attorneys who have done the work have done so only when authorized by the plaintiffs? The evidence is uncontradicted that the initial steps which have led to the institution and prosecution of racial suits in Virginia with the assistance of the Association and the Fund have not been taken until the prospective plaintiffs made application to one or the other of the corporations for help. In our opinion the right of the plaintiff corporations to render this assistance cannot be denied.^/ -37- �No doubt, the State of Virginia has the right reasonably to regulate the prac tice of law, but, where that regulation prohibits otherwise lawful activities without showing any rational connection between the prohibition and some permissible end of legis lative accomplishment, the regulation fails to satisfy the requirements of due process of law. Here, under the guise of regulating unauthorized law practice, the General Assembly has forbidden plaintiffs to continue their legal operations. Chapters 33 and 36 are also phrased so as to interfere with the activities of the plaintiffs. This is done in Chapter 33 by amending 885ii-?li, Sit-78 and 5U-79 of Article 7 of the Code relating to mal-practice and to the improper solicitation of legal business for an attorney by a "runner" or "capper", so as to include within the definition of these terms a person who employs an attorney in connection with any judicial proceeding in which the person has no pecuniary right or liability. The language of the statute, especially 11 portions of 8Sli-7l’(6) and }Sli-78(l), is obscure and difficult to understand, but the general peirpose seems to be to hit any organization which participates in a law suit in which it has no financial interest and also to fasten the charge of mal-practice upon any lawyer who accepts employment from such an organization. If the statute should be so inter preted as to forbid a continuance of the activities of the plaintiff corporations in respect to litigation as described in this opinion, it would in large measure destroy their effec tiveness . Chapter 36, Sl(a), is aimed at anyone not having a direct interest in the pro ceeding, who gives, receives or solicits anything of value as an inducement to any person to commence a proceeding in any court or before any administrative agency of the state or in any United States court in Virginia against the Commonwealth of Virginia, or any depart ment or subdivision thereof, or any person acting as an officer or employee of any of the foregoing. Section 1(b) makes it unlawful for anyone who has no direct interest in the subject matter of the proceeding to advise or otherwise instigate the bringing of a suit or action against any of the defendants above described. Here again the language is ambiguous, and doubts have arisen as to whether the giving of advice to persons as to their 12 constitutional rights amounts to the "instigation" of a suit or whether the giving of money to needy litigants amounts to an "inducement" to bring a suit. If so construed as to restrict the activities of the plaintiff corporations disclosed b y the evidence in these See Footnotes 11 and 12 - 38- �Footnote 11 H9i-7h. (6) 'Any malpractice, or any unlawful or dishonest or unworthy or corrupt or unprofessional conduct', as used in this section, shall be construed to include the improper solicitation of any legal or professional business or employment, either directly or indirectly, or the acceptance of employment, retainer, compensation or costs from any person, partnership. corporation, organization or association with icnowledge that such person. partnership, corporation, organization or association has violated any pro vision of Article 7 of this chapter ..." "85U-78. As used in this article: (l) A 'runner' or 'capper' is any person, corporation, part ship or association acting in any manner or in any capacity as an agent for an attorney at law within this State or for any person, partnership, corpora tion, organization or association which employs, retains or compensates any attorney at law in connection with-any judicial proceeding in which such per son. partnership, corporation, organization or association is not a party and in which it has no pecuniary right or liability, in the solicitation or pro curement of business for such attorney at law* or for such person, partnership, corporation, organization or association in connection with any judicial pro ceedings for which such attorney or such person, partnership, corporation, organization or association is employed, retained or compensated. "The fact that any person, partnership, corporation, organization or association is a party to any .judicial proceeding shall not authorize any runner or capper to solicit or procure business for such person, partnership, corporation, organization or association or any attorney at law employed, retained or compensated by such person, partnership, corporation, organiza tion or association. "(2) An 'agent' is one who represents another in dealing with a third person or persons." Footnote 12 In Chapter 35 the verb "to instigate" is given a very precise definition, but in Chapter 36 it is given no definition at all. -39- �\ ] oases, their effectiveness would be in large measure destroyed. Since Chapters 33 and 36 are vague and ambiguous we do not pass upon their constitutionality. Lyle have come perforce to these final conclusions since the contrary position cannot be justly entertained. If the Acts of the General Assembly of Virginia should be held to outlaw the activities of the plaintiff corporations, the Commonwealth would be free to use all of its resources in its search for lawful methods to postpone and, if possible, defeat the established constitutional rights of a body of its citizens, while the colored people of the state would be deprived of the resources needed to resist the attack in the state and federal courts. The duty of this court to avoid such a situation, if possible, is manifest,J? Accordingly, an injunction will be granted restraining the defendants from pro ceeding against the plaintiffs under Chapters 31, 32 and 35 because of the activities of the plaintiffs in the past on behalf of the colored people in Virginia as disclosed in the evidence in these cases or because of the continuance of like activities in the future. As to Chapters 33 and 36, the complaints will be retained for a reasonable time pending the determination of such proceedings in the state courts as the plaintiffs may see fit to bring to secure an interpretation of these statutes; and in the meantime, the court will assume that the defendants will continue to co-operate, as they have in the past, in withholding action under the authority of the statutes until a final decision is reached; and the plaintiffs may petition the court for further action if at any time they deem it their interest to do so. Hoffman, District Judge, concurs. '/ -Ho- � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "In the United States District Court for the Eastern District of Virginia, Richmond Division, Civil Actions Nos. 2435 and 2436", no date. 40 pages. Description An account of the resource Extensive legal discussion of the joint cases concerning civil rights statutes and NAACP Legal Defense Fund, defendants and Attorney General and Commonwealth Attorneys for the State of Virginia, plaintiffs. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource United States District Court Date A point or period of time associated with an event in the lifecycle of the resource No date Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant unknown Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_7_1_1 https://projectdaps.org/files/original/7f19075c68ca1538b456b35776ea5e30.pdf 4f6c3f0c6813ebdcc3977cfbc6bf44c8 PDF Text Text April 15,1961. M E M O ON L O C A L P L A C E M E N T IB N O R T H E R N V I K G I H I A V j V'Cs&'T-e A One a n a fo u r (1 0 4 ) next September. Negro c h i l d r e n \jAll be t r a n s f e r r e d to w h i t e Under the Pupil Placement N e g r o e s l i v i n g in a t t e n d a n c e a r e a s o f w h i t e transfer to white schools without ordinance, schools a d o p t e d M a r c h 25th, schools are p e r m i t t e d to c o u r t o r d e r. About 150 were eligible to transfer. T he l a r g e s t a r e a a f f e c t e d is H a l l s H ill in n o r t h A r l i n g t o n . t h e 31 s i x t h g r a d e r s in the L a n g s t o n S c h o o l o ne e l e c t e d to t r a n s f e r t o w h i t e Of in H a l l s H i l l all e x c e p t j u n i o r h i g h s c hools. Twenty Halls H i l l s t u d e n t s n o w a t t e n d i n g 7 t h a n d 8 t h g r a a e s at N e g r o H o f f m a n - B o s ton ju n i o r - s e n i o r hi g h school app l i e d f o r t r a n s f e r t o o w a n s o n and Stratforu juni o r highs and 13 fo r tr a n s f e r f o r t r a n s f e r to W a s h i n g t o n and Lee High S c h o o l . N e g r o s t u d e n t s a s s i g n e d as foll o w s : W a s h i n g t o n a nd L e e H i g h s c h o o l .................................. S w a n s o n j u n i o r h i g h ................................................ S t r a t f o r d j u n i o r h i g h .......................... Jefferson junior h i g h ............................................ G u n s t o n j u n i o r h i g h ................................................ H e n r y E l e m e n t a r y s c h o o l ........................ Clay e l e m e n t a r y s c h o o l ........................................... Page e l e m e n t a r y s c h o o l ........................................... E d i s o n (school f o r h a n d i c a p p e d ) ................................. .’ l a n t s s 26 36 32 16 4 26 2 1 1 of N e g r o c h i l d r e n n o w a t t e n d i n g w h i t e s c h o o l s h e l d n e i g h bor hood meetings in H a l l s Hill and Central Arlington, at w h i c h y o u n g s t e r s t o l d of t h e i r h a p p y e x p e r i e n c e a t w h i t e s c h o o l s a n a t he a d v a n tages o f de-segre,gated e d u c a t i o n . in H a l l s H i l l A l e t t e r w as s ent to t he pa r e n t s by t h e c h a i r m a n o f t he P a r e n t ' s C o m m i t t e e ther e , t h e a d v a n t a g e s o f t r a n s f e r a n d o f f e r i n g a i d in f i l l i n g out stressing forms. Both m i n i s t e r s in t he a r e a u r g e d t h e i r c o n g r e g a t i o n s t o t a k e a d v a n t a g e o f t h e i r r i g h t to tra n s f e r . �Memorandum continued The claim made in FePu al Court by school board attorney Gimmons that Arlington Negroes preferred segregated schools is refuted by the appli cation of two-thirds of those Negroes eligible to transfer to white schools. The fact that academic achievement was not a criterion for transfer greatly increased the number of applications, Gince 1957 the Arlington school board has rejected many Negro applicants to white schools because of academic achievement. This screening was successfully attack ed in Federal Court by NAACP attorneys and was knocked out by Judge Bryan in several rulings. Next year one hundred and four t y - four(144) Negro children are expected to attend nine f>'c«-'wiously all-white schools in Arlington Under the^ J a ^ r f a x school board ordinance the school board has approved 76 of 86 applications. Approximately 700 Negro students were eligible for tr ansfer in Fairfax. The Mt.Vernon,J.E.B.Stuart high schools, and the P a r k l a w n ,J oodbury, Whitman, Freedom Hill, Floris, Thoreau, Chesterbrook and Oakton elemen tary and t ; e Longfellow intermediate school will be de-segregatea for the . first time. Negro students were also assigned to the presently de-segreand Madison high schools; gated Orovston, Glasgow, Lanier,Cedar Lane schools. Approximately 103 are expected to attend 16 previously all-white schools in Fairfax. Falls Church schools were de-segregateu for the first time. Two jtutent's applied for transfer to George Mason junior-senior high school a nd one to the Madison elementary school. Falls Church has previously sending some 30 Negro children to Fairfax Negro schools. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Memo on Local Placement in Northern Virginia," 1961 Description An account of the resource "Memo on Local Placement in Northern Virginia," April 15, 1961. Gives brief history of African American student placement and attendance in Arlington public schools. Gives shorter updates on Fairfax County and Falls Church. Two pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource unknown Date A point or period of time associated with an event in the lifecycle of the resource 1961-04-15 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_1_8_58 https://projectdaps.org/files/original/b4027e75d3e8a1ccbff16edb7a56262d.pdf 4168ea6f6a79055ef4d0556605b00ad5 PDF Text Text April 15,1961. MEMO ON LOCAL PLACEMENT IN NORTHERN VIRGINIA One and four(104) Negro children qill be transferred to white schools next September. Under the Pupil Placement ordinance, adopted March 25th, Negroes living in attendance areas of white schools are permitted to transfer to white schools without court order. About 150 were eligible to transfer. The largest area affected is Halls Hill in north Arlington. Of the 31 sixth graders in the Langston School in Halls Hill all except one elected to transfer to white junior high schools. Twenty Halls Hill students now attending 7th and 8th grades at Negro Hoffman-Boston junior-senior high school applied for transfer to owanson and Stratforu junior highs and 13 for transfer for transfer to Washington and Lee High School. Negro students assigned as follows: Washington and Lee high School............................ Swanson junior high....................................... Stratford junior high..................................... Jefferson junior high.................................... Gunston junior high..... Henry Elementary school................................... Clay elementary school................................... Page elementary school................................... Edison (school for handicapped).......................... 26 36 32 16 4 26 2 1 1 Parents of Negro children now attending white schools held neigh bor hood meetings in Halls Hill and Central Arlington, at which young sters told of their happy experience at white schools ana the advan tages of de-segregated education. A letter was sent to the parents in Halls Hill by the chairman of the Parent's Committee there, stressing the advantages of transfer and offering aid in filling out forms. Both ministers in the area urged their congregations to take advantage of their right to transfer. �Memorandum continued The claim made in Federal Court by school board attorney Gimmons that Arlington Negroes preferred segregated schools is refuted by the appli cation of two-thirds of those Negroes eligible to transfer to white schools. The fact that academic achievement was not a criterion for transfer greatly increased the number of applications. Since 1957 the Arlington school board has rejected many Negro applicants to white schools because of academic achievement. This screening was successfully attack ed in Federal Court by NAACP attorneys and was knocked out by Judge Bryan in several rulings. Next year one hundred and Coarty- four(144) Negro children are expected to attend nine previously all-white schools in Arlington Under the Fairfax school board ordinance the school board has approved 76 of 86 applications. Approximately 700 Negro students were eligible {<0 transfer in Fairfax. The Mt.Vernon,J.E.B.Stuart high schools, and the Parklawn,Woodbury, Whitman, Freedom Hill, Floris, Thoreau, Chesterbrook and Oakton elemen tary and tue Longfellow intermediate school will be de-segregatea for the first time. Negro students were also assigned to the presently de-segreand Madison high schools; gated Oroveton, Glasgow, Lanier,Cedar Lane schools. Approximately 103 are expected to attend 16 previously all-white schools in Fairfax. Falls Church schools were de-segregatea for the first time. Two students applied for transfer to George Mason junior-senior high school and one to the Madison elementary school. Falls Church has previously been sending some 30 Negro children to Fairfax Negro schools. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Memo On Local Placement In Northern Virginia", April 15, 1961. Description An account of the resource Memo on the success of the Pupil Placement ordinance that allows Negro students to request attending "white schools" in their areas, 2 pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource unknown Date A point or period of time associated with an event in the lifecycle of the resource 1961-04-15 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_2_1_6_23 https://projectdaps.org/files/original/51a61b22229b04a5aeba20573afa170d.pdf 748c77aa1a4e03dd7bd17229c6ebabc6 PDF Text Text September 4, 1962 LL i Monthly Report of the Washington Bureau NAACP School Desegregation Move The Department of Justice and the Department of Health, Education, and Welfare are processing complaints filed by the Bureau on behalf of military personnel stationed at Fort Lee and Fort Belvoir in Virginia and Sheppard Air Force Base, Texas. At the time this report is written it appears that the developments in the Fort Lee case will be the most significant. That is why we are presenting it in some detail. The Bureau's interest in the Fort Lee school problem goes back several years. Matters reached a climax in i960 when we asked the Department of Health, Education, and Welfare to rule that the word "suitable" in the appropriate statutes affecting education of children of military personnel would be interpreted to mean "desegregated" in addition to other requirements. At that time the Department declined to agree with us. On March 30, 1962, Secretary Ribicoff of HEW reversed the previous position of HEW, but held that the new ruling would not be effective until the Fall of 1963. (This year the problem came into focus again when the commanding 1general at Fort Lee issued a bulletin advising that white children 1would be educated in the schools of Fairfax county and colored children would be educated in the schools of Petersburg, Virginia. IW. Lester Banks, executive secretary of the Virginia State Conference Iof NAACP Branches, brought this to the attention of the Bureau. The Bureau in turn discussed this case and others with the Department of Defense, the Department of Justice and the Department of Health, Education, and Welfare. Colored parents at Fort Lee attempted to enroll their children in the Fairfax county elementary and high schools in August. Although the Department of Justice and HEW have declined to make public (as of this date, September 4) just what will be done at Fort Lee, two moves are possible. They are: (1) The Justice Department could take legal action which would establish an important precedent of direct government intervention to accomplish school desegregation. (2) The Department of Health, Education, and Welfare could speed up school desegregation in so-called impacted areas by insisting upon getting reports on what action is being taken to prepare for the September, 1 9 6 3 , deadline set by Secretary Ribicoff. It is very possible that this would prod some local school authorities into admitting colored children before the deadline. �2 Judge Thurgood Marshall Nomination As of September 4 when this report is being written, the nomination of Judge Thurgood Marshall is in the full Senate Judiciary Committee. To say that the status at this time is incredible would be an understatement. In capsule form, this is how the nomination got to where it is as of September 4. The judiciary sub-committee headed by Senator Olin Johnston (D.,S.C.) concluded hearings on August 24, This is eleven months after the President named Judge Marshall and eight months after his nomi nation was submitted to the 87th Congress. The other two members of the sub-committee are Senators Roman L. Hruska (R.,Neb.) and John McClellan (D.,Ark.). Senator Hruska has publicly stated that he supports the nomination of Judge Marshall. Senator McClellan is supposed to be studying the hearing record. On Thursday, August 30, Senators Philip Hart (D.,Mich.) and Kenneth Keating (R.,N.Y.) attempted to get approval of motions to report the nomination favorably from the full committee. Under a committee rule any member can ask a weeks delay before a vote is taken on a nomination. Senator Johnston asked for this delay and his request was granted. The week will be up on September 6. Meeting with Attorney General on Albany, Georgia The Executive Secretary asked the Bureau Director to join him in a meeting with Attorney General Robert Kennedy on August 2, 1 9 6 2 . Others present at the meeting were: Assistant Attorney General Burke Marshall (head of the Civil Rights Division), Bishop Smallwood Williams and the Reverend Walter Fauntroy of the Southern Christian Leadership Conference, William Kunstler, Attorney at Law, Melvin Wulf, American Civil Liberties Union and Richard Haley, Congress of Racial Equality. Although there was no opportunity to determine whether all present at the meeting agreed with its contents, the following memorandum was submitted to the Attorney General and discussed at length: "As we meet here today, the current problem in Albany, Georgia, is but a part of the total practice of racial discrimination in the South. Even if it is resolved, the possibility for similar outbreaks in other communities is great. "For example, we could just as easily consider how the constitutional rights of colored people should be protected in Terrell County, Georgia, Spartanburg, South Carolina, and throughout the states of Alabama, Louisiana, and Mississippi. Each of these is a potential powder keg. It just happens that Albany is now making the headlines and the television programs. The time has come to stop dousing individual blazes and begin a program of total fire prevention. The following are suggestions: �3 1. A great part of the trouble In Albany and elsewhere arises because law enforcement officials have unmitigated contempt for the constitutional rights of colored citizens. Most of the complaints in this field are not prosecuted and those that are usually get swallowed up in the secrecy of the Grand Jury room. Few indictments are returned. The Department can do much to awaken the public conscience and possibly increase the number of convictions, by filing in formations and by-passing grand juries in cases where law enforcment officers wantonly attack colored victims solely because of race. It is suggested the Department institute this kind of action against Sheriff D. C. Campbell in Albany, immediately. He has publicly boasted of his brutal assault on Mr. C. B. King, a colored attorney, repre senting defendants in Albany. 2. Private suits have been filed on behalf of some of those who are the victims of Albany injustice. It is suggested that the Department join in these suits and aid in pressing them to final and successful conclusion. 3. There is some support for a theory that the executive branch of the Federal Government can institute civil suits to protect constitutional rights of colored citizens. This, in general, is what Part III of the 1957 Civil Rights Act would have established by statute. It is suggested that the Department begin immediately the formulation of plans for testing how far executive powers may be used to: a. desegregate the schools, libraries, waiting rooms, and other public facilities in Albany. b. oaccomplish the release from jail and the halting of state prosecution of the Albany victims who have been arrested. c. 4. prevent the police department from arresting those colored persons who seek service in restaurants or other places of public accomo dation, If it is the Department's conclusion that it cannot accomplish any or all of the suggestions under item three, it is sugj gested that the Attorney General inform the President of the I need for additional law. It is urged that the President inform the' HatTonT'of the need for new law in a special nation wide television and radio broadcast. It is urged that the Administration begin now a drive for congressional support of such legislation and continue to work diligently for its passage. �4 "The City of Albany derives great economic advantage from two federal installations. These are Turner Air Force Base and the Marine Corps Supply Center. Racial discri mination in the city of Albany necessarily is a source of embarrassment, disadvantage, and personal risk to service personnel and employees engaged in the performance of duties required by the Government of the United States. "It is suggested that the President inform the city officials of Albany that unless they institute corrective measures, these facilities will be withdrawn and located in more favorable areas of the country. It is further suggested that a policy be announced that similar steps will be taken with regard to facilities of the Federal Government in other areas of acute racial discrimination, unless local officials take corrective action." Cloture Vote Although much has been said about the fact that the Senate imposed cloture during the debate on the Communications Satellite bill, the vote on August lU was merely a formalized record of arrangements of the kind that Vice President Lyndon B. Johnson made informally when he was majority leader in the Senate. This formula was used by Mr. Johnson in 1957 and i960 when the Senate approved civil rights bills. Under the agreement, debate was limited by informal arrange ments and there were firm commitments to table any amendments that were not included in the package that most senators were willing to approve. On page 15398 of the Congressional Record for August l4, one can see how certain absent senators would have voted had they been present. Those who would have voted for cloture were Anderson (D.,N.Mex.) and Moss (D.,Utah). Those who would have voted against cloture were Bible (D.,Nev.), Byrd (D.,Va.), Fulbright (D.,Ark.), Hayden (D.,Ariz.) Jordan (D.,N.C.), McClellan (D.,Ark.), and Robertson (D.,Va.). Cloture was imposed by a vote of 63 to 27. If the absentees had voted (including Senator McGee who withheld his vote against cloture because he had a pair with Senators Anderson and Moss) the result would have been 65 to 35 and the vote would have fallen short of the necessary two-thirds of those present and voting. In addition, the likelihood of getting' some senators to vote for cloture under normal circumstances (e.g., when a civil rights bill is under consideration) is very remote. These senators are Republicans, Hiekenlooper (Iowa), Mundt (S. Dak.), Williams (Del.) and Ifoung (N. Dak.). All of these voted for cloture on August 14. �5 The purpose of including the foregoing information is to make it clear that by no stretch of the imagination can anyone conclude that the August 14 vote showed that the present cloture rule is reasonable. It is clear that even when the conservatives of the Senate wish to shut off debate by liberals they cannot do so without three elements which are as follows: (1) A substantial number of liberals must vote for cloture. (2) There must be support from a generous sprinkling of cloture foes who switch positions and vote for it. (3) A substantial number of unreconstructed filibuster supporters must be absent. Poll Tax Amendment By a vote of 294 to 86 the House on August 27 approved S.J. Res. 29, proposing an amendment to the U. S. Constitution outlawing payment of a poll tax as a qualification for voting in Federal elections. It is well known that the NAACP has always favored ending the poll tax by legislation. However, the resolution was brought to the floor under suspension of the House rules. It had to be voted up or down without amendment after forty minutes of debate. There was no opportunity to offer a proposed statute as a substitute. The proposed amendment, which must be ratified within seven years, is as follows: "Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice Presi dent, or for Senator or Representative in Congress shall not be denied or abridged by the United States or any state by reason of failure to pay any poll tax or other tax. "Section 2. The Congress shall have power to enforce this article by appropriate legislation." * * * * * * * * * * For further information and/or additional copies, WRITE: Washington Bureau, NAACP 100 Massachusetts Avenue, N. W. Washington 1, D. C. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "Monthly Report of the Washington Bureau NAACP, September 4, 1962. 5 pages. Description An account of the resource Review of the issues facing the NAACP concerning Fort Lee in Fairfax County where colored children are not allowed to enroll in Fairfax Schools, comments on nomination of Thurgood Marshall to Supreme Court, meeting with Attorney General Robert Kennedy on situation in Albany, Georgia, cloture vote in Congress and Poll Tax Amendment. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1962-09-04 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_1_9_15 https://projectdaps.org/files/original/4811ed41dc0e3dcc03153020e6d82ad1.pdf ff257642ca729d5a856157e6505cd655 PDF Text Text NATIONAL ASSOCIATION FOE THE ADVANCEM ENT OF COLORED PEOPLE A rlington Branch Reverend Chester H. Murray, P resid en t, 1315 South Queen S tr e e t, A rlin gton, V irgin ia N E WS FLASH The A rlington Council on Human R elation s m i l p resen t a Panel on Housing i n A rlington County To inform us o f the housing s itu a tio n i n Arrington w ith s p e c ia l a tte n tio n on th e problems faced by over ifcs»o c it i z e n s At the Calloway ifeth od ist Church 5000 Lee Highway Tuesday, November 28, l ? 6 l , a t 8:00 p.m. Members o f Panel Moderator: Rev. Edward H. Redman U nitarian Church o f A rlington, V irgin ia Robert L. Groom Vice P resid en t, Northern V irg in ia Real E state Board P resid en t, Groom Company, I n c ., R ealtors Former Chairman o f ABC Former Chairman o f A rlington Republican Central Committee Edward B. Hincks R esident o f A rlington sin c e e a r ly 19l*0's Member o f C itiz e n s Committee on Minimum Housing Standard Ordinance Advisory Member o f A rlington County C ivic Federation Former Member o f Planning Commission Mrs. W illiam T. Syphax Wife and bu sin ess partner o f prominent Negro r e a l e s ta te salesman and broker e sta b lish e d in A rlington County sin c e 19U8. For th e p a st 8 years, a sso cia te d w ith the b u ild in g­ con tractin g bu sin ess i n A rlington YOU ARE URGED TO ATTEND THIS MEETING - C M AND BRING A FRIEND.' O E � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsflash," 1961 Description An account of the resource Flyer for the Arlington Branch, NAACP, event on November 28, 1961. The Arlington Council on Human Relations presents a panel on housing in Arlington County. Speakers include Robert Groom, Edward B. Hincks, and Mrs. William [Evelyn] Syphax. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 11/28/61 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_19 https://projectdaps.org/files/original/832722d371c34a47847fd44d914ab9c5.pdf 63ecbda114e6a04c82cba32f6223a4f9 PDF Text Text NA TIO N A L A S S O C IA T IO N FO R THE ADVANCEMENT OF COLORED PE O PL E ARLINGTON BRANCH Rev. C h e s te r H. M urray, P r e s i d e n t , 1315 S o u th Queen S t r e e t , A r lin g to n , V i r g i n ia NEWSLETTER A p ril, 1 9 6 3 V o l. X No. 3 NEXT MEETING - T h u rsd a y , A p r il 2 5 th - 8 :0 0 P.M. The n e x t m e e tin g f o r members and f r i e n d s w i l l b e h e ld a t S t . J o h n 's B a p t i s t C hurch, C olum bia p ik e and S o u th S c o t t S t r e e t . Come and h e a r o u r s p e a k e r . C o l. M arion Jo h n so n , Chairm an o f t h e A le x a n d r ia A l l C i t i z e n s R e g i s t r a t i o n C om m ittee. C o l. Jo h n so n w i l l sp e a k t o u s on: VOTER REGISTRATION AND CITIZEN RESPONSIBILITY CAN YOU VOTE IN 1 9 6 3 ? YES, IF YOU PAY YOUR POLL TAX BY M AY kth. p e r s o n s who d id n o t p ay t h e i r 1 9 6 2 p o l l t a x b e f o r e December 5 th , 1 9 6 2 , m ust pay t h e i r p o l l t a x b e f o r e May b t h i n o r d e r t o b e a b le t o v o te i n 1 9 6 3 . T h is i s an im p o r t a n t e l e c t i o n y e a r . We w i l l e l e c t : 2 County B oard m embers, 3 D e le g a te s t o th e V i r g i n ia G e n e ra l A ssem bly and 1 S t a t e S e n a to r . Pay y o u r p o l l t a x a t t h e T r e a s u r e r 's o f f i c e i n t h e C o u rt H ouse. MEMBERSHIP DRIVE GOES IN HIGH GEAR * * * * * We u rg e you t o renew y o u r m em bership now. Roy W ilk in s r e c e n t l y spoke on t h e " im p a tie n t 1 0 th w. Negro c i t i z e n s have good re a s o n t o b e i m p a tie n t. To s e c u r e d e m o c ra tic r i g h t s t h e N/.'CP n eed s y o u r m em bership and s u p p o r t. We a s k you t o a s s i s t o u r m em bership com m ittee b y se n d in g i n y o u r d u es o r c a l l i n g t o have th em p ic k e d u p , so t h a t o u r w o rk ers a r e f r e e d t o go and s o l i c i t new m em bers. We would l i k e t o d o u b le l a s t y e a r 's m em bership. Send y o u r d u es t o : Mr. W a lte r H ig h to w er, 2900 S o u th l 8 t h S t r e e t , phone 671-81+79; M rs. E s t h e r C ooper, 500 S . V e itc h S t . , phone JA 2-6 0 1 5 ; Mr. B. A ls to n , 2106 N. E d iso n S t . , phone JA 7 -5 1 1 0 ; o r M rs. P a u lin e F e r g u so n , 2055 S . G lebe Road, phone 6 7 1 - 8 8 5 2 . * * * * * P le a s e n o t e : I f y o u r n e w s l e t t e r i s hand a d d r e s s e d r a t h e r th a n ty p e d , y ou a r e one o f o u r 1 9 6 1 members who n e g le c te d t o pay d u es i n 1 9 6 2 .. W o n 't you p l e a s e j o i n us t h i s y e a r? We have m isse d y o u . GOCD NEWS O SCHOOL DESEGREGATION N S p u rre d b y t h e m e e tin g we c a l l e d on March 2l+th a t Lomax C hurch, 79 a p p l i c a t i o n s f o r t r a n s f e r fro m s e g r e g a te d s c h o o ls w ere r e c e iv e d b y t h e S ch o o l A d m in is tr a tio n . T h is d o es n o t in c lu d e c h i l d r e n fro m L an g sto n 6 t h g ra d e who were a s s ig n e d d i r e c t l y t o Swanson and S t r a t f o r d w ith o u t h a v in g t o f i l e p la c e m e n t fo rm s , a s th e y d id in 1 9 6 1 and ' 6 2 . OPPORTUNITIES FOR YOUTH IN THE PEACE CORPS T h is w i l l b e t h e s u b j e c t o f a t a l k b y R ic h a rd Ware t o t h e CCSP on Sunday, A p r il 2 8 th , a t 7 :3 0 p .m . a t th e U n i t a r i a n C hurch, kbbk A r lin g to n B o u le v a rd . �Mrs. Barbara Marx 6897 N. Washington Blvd nd Arlington 13, Va � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsletter, April 1963" Description An account of the resource April 1963 newsletter for the Arlington Branch, NAACP. Previews next meeting, reminds readers to pay poll taxes, gives news on membership drive and school desegregation. Verso has stamp, postmark, and Barbara Marx address. Two pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1963-04 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_30 https://projectdaps.org/files/original/76b4dea15bf94b016b694c53b3f192e0.pdf 4fcd433f24eff6e25fbe03ffb4c1bc09 PDF Text Text A r lin g to n County B ranch NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE Rev. C h e s te r H. M urray, P r e s i d e n t , 1315 S . QuiW-n S t r e e t , A r lin g to n , V i r g i n ia NEWSLETTER V o l. X I A p r i l 1964 No. 2 COME TO OUR FAMILY DINNER - FRIDAY, M 15, 196*+ - 6 :3 0 P.M. AY a t th e U n i t a r i a n C hurch o f A r lin g to n — URAL A r lin g to n B lv d . The A r lin g to n B ran ch i n v i t e s you t o come t o o u r F am ily D in n e r t o c e l e b r a t e t h e 1 0 th A n n iv e rs a ry o f t h e Supreme C o u rt D e c is io n on S ch o o l D e s e g re g a tio n . A d d ress b y : ALFRED BAKER LEWIS, N a tio n a l T r e a s u r e r o f t h e NAACP, Member o f t h e B oard f o r 25 y e a r s . REPORT ON SCHOOL DESEGREGATION IN ARLINGTON BY CUR STUDENTS. Our y o u th g ro u p w i l l l e a d us i n s in g in g Freedom so n g s . T ic k e t s : $ 1 .5 0 f o r a d u l t s , $ 0 .7 5 f o r c h i l d r e n u n d e r 12. Get y o u rs from members o f o u r y o u th g ro u p , M rs. B e a t r i c e R i t c h i e JA 2 -3 1 7 2 , M rs. G e r a ld in e D av is - KE 6 -8 9 5 7 , M rs. B a rb a ra Marx - 6 7 1 - 9 1 5 7 , M rs. Ruth M urray - JA 7 -3 6 9 7 , M rs. Mabel A ls to n - JA 7 -5 1 1 0 , M rs. M artha B u t l e r - JA 2 -0 2 5 2 . YOUTH GROUP GROTS Cur Youth Group h as b lo sso m ed f o r t h a g a in u n d e r t h e a b l e s p o n s o r s h ip o f M rs. Ann W alker and M iss S h i r l e y C o rb in . The f o llo w in g o f f i c e r s h ave b e e n e l e c t e d : P re s id e n t: V ice P r e s i d e n t : S e c re ta ry : I s a a c B rooks Rose C a rm ic h a e l Renee R obinson C o rre sp o n d in g S e c ty : T re a su re r: Je a n Lohman Yvonne H i l l We a r e p ro u d o f o u r young p e o p le and w ish them a s u c c e s s f u l y e a r . MEMBERSHIP COMMITTEE DRIVE The f o llo w in g members a r e a s s i s t i n g Mr. W a lte r H ightow er i n t h e M em bership D riv e : Mr. B i r d i e A ls to n - - - Mr. P r e s to n B a ltim o re M iss K ath ry n C ooper - M rs. P a u lin e F e rg u so n M iss M ild re d G reen - - - JA 7-5 1 1 0 - - 6 7 1 -1 6 6 5 - - JA 2-6015 - - 6 7 1 -8 8 5 2 - - 6 7 1 -8 6 8 2 M rs. J e s s i e Syphax Mr. P a t H a ll - - - - M rs. Ruth M urray - - M iss E s t h e r P o l l a r d M rs. M arie P once - - M rs. B e a t r i c e R i t c h i e - - - JA 8-1+249 - - - - - - 6 7 1 - 8 A3 7 JA 7-3 6 9 7 JA 8 - 7 8 2 0 67 1 - 6 9 5 9 JA 2-3172 In a d d i t i o n , t h e young p e o p le w i l l h e lp s o l i c i t m em bers. T h is y e a r we w i l l aw ard C e r t i f i c a t e s o f M e rit t o t h e w o rk ers who b r i n g i n th e m ost m em b ersh ip s. POLL TAX MUST BE PAID BY M 2ND, t o v o te November 3 rd . AY W h ile you may v o te i n F e d e r a l E le c t io n s w ith o u t p a y in g P o l l Tax by f i l i n g a c e r t i f i c a t e o f r e s i d e n c e , we u rg e you t o pay y o u r P o l l Tax so you may v o te i n S t a t e an a L o c a l E l e c t i o n s . F o r a d d i t i o n a l in f o rm a tio n c a l l t h e R e g i s t r a r a t JA 7 -4 8 0 0 . �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsletter, April 1964" Description An account of the resource April 1964 newsletter for the Arlington Branch, NAACP. Promotes branch dinner on May 15, lists new officers in youth group and members of branch membership committee, reminds readers of poll tax payment. Verso has stamp, postmark, and Barbara Marx address. Two pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1964-04 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_33 https://projectdaps.org/files/original/8d8a58206c658fdcadcefe52bf171e9d.pdf cab9877e1c8d68f496151e1f77f8a095 PDF Text Text NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ARLINGTON BRANCH Rev. C h e s te r H. M urray, 1315 S. Queen S t r e e t A r lin g to n , V i r g i n ia NEWSLETTER V o l. IX A ugust 1962 No. h WRITE TO THE WHITE HOUSE A n a tio n w id e cam paign w hich w i l l c a u s e P r e s i d e n t Kennedy t o i s s u e a n ex e c u ­ t i v e o r d e r p r o h i b i t i n g d i s c r i m i n a t i o n i n a l l f e d e r a l l y a s s i s t e d h o u sin g i s t h e m o st im p o rta n t t a s k now c o n f r o n tin g l o c a l NAACP b r a n c h e s a c r o s s t h e c o u n tr y . We a r e u r g in g you t o w r i t e p e r s o n a l l e t t e r s t o th e P r e s i d e n t a s k in g him t o i s s u e an e x e c u tiv e o r d e r p r o h i b i t i n g d i s c r i m i n a t i o n i n a l l h o u sin g f a c i l i t i e s and s e r v i c e s a id e d d i r e c t l y o r i n d i r e c t l y b y th e F e d e r a l G overnm ent, i n c lu d in g b a n k s and le n d in g i n s t i t u t i o n s . The P r e s i d e n t s h o u ld b e u rg e d t o i s s u e a n e x e c u tiv e o r d e r w hich w i l l b e b ro a d enough i n c o v e ra g e t o in c lu d e a l l e x i s t i n g d w e llin g u n i t s and p rogram s u n d e r ta k e n o r m a in ta in e d w ith f e d e r a l f u n d s . T h is i s s u e i s so im p o rta n t t h a t th e W hite House s h o u ld b e f lo o d e d w ith m a il fro m th o u sa n d s o f NAACP members a c r o s s th e c o u n tr y . Take p a r t i n t h i s cam paign and w r i t e y o u r l e t t e r t o d a y . THE ALBANY STORY We can do so m e th in g a b o u t A lbany, G e o rg ia . The r i g h t s t h a t a r e b e in g fo u g h t f o r i n A lbany a r e (a ) th e r i g h t o f p e a c e f u l asse m b ly and p r o t e s t , and (b) t h e r i g h t t o p e t i t i o n t h e c i t y governm ent on t h e g r ie v a n c e s o f t h e N egro com m unity. The a r r e s t o f t h e Rev. D r. M a rtin L u th e r King and h i s a s s o c i a t e s i s an a t ­ te m p t t o s u p p r e s s a l l p r o t e s t s and t o keep c o n d i t i o n s a s th e y have b e e n f o r a h u n d red y e a r s . T h e re f o r e t h e i s s u e i s more th a n one b etw e e n D r. King o r th e NAACP on t h e one hand and t h e c i t y o f A lbany, G e o rg ia , on t h e o t h e r . The b e s t way t o b a c k up D r. King i s t o n o t i f y t h e c a n d id a te s and t h e p a r t i e s t h a t we in te n d t o a c t a t th e b a l l o t b o x n e x t November i n f a v o r o f t h e f r i e n d s o f free d o m r e g a r d l e s s o f p a r t y . The q u e s t io n t o c a n d id a te s i s a sim p le one: Are you and y o u r p a r t y f o r A m erican freed o m s o r a r e you f o r j a i l i n g men and women an d c h i l d r e n who s e e k t o p r o t e s t i n j u s t i c e ? BECOME A REGISTERED VOTER - BE AN INFORMED VOTER - VOTE IN NOVEMBER FRIDAY, OCTOBER 19TH - VERY IMPORTANT DATE The A r lin g to n B ran ch i s g o in g a l l o u t and s p o n s o r in g THE s o c i a l e v e n t o f t h e s e a s o n : Freedom Fund E x tra v a g a n z a a t th e K n ig h ts o f Columbus H a l l , 5115 N. L i t t l e F a l l s Road i n A r l i n g to n , 10 p .m . - 1 a .m . T ic k e ts a r e $ 2 .5 0 p e r p e r s o n . M usic w i l l b e b y F r a n c is R o b e r ts o n 's O r c h e s tr a . G et y o u r t i c k e t s from : ^ r ^ _ r;: Mr. B. A ls to n , 2106 N. E d is o n S t . M rs. G a m e tta S p r ig g s , 2205 S . N elso n S t . | , M rs. R o b e rt A le x a n d e r, 2 9 1 6 S . 2 3 rd S t . Sfo Q — 3 \r l -- " \ f- H M rs. B e a t r i c e R i t c h i e , 1^6 S. B a rto n S t M rs. C h e s te r M urray, 1315 S . Queen S t . M iss K a th e rin e C ooper, 500 S , V e itc h S t j ft - (» Be e x t r a v a g a n t - come t o t h e E x tra v a g a n z a � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsletter, August 1962" Description An account of the resource August 1962 newsletter for the Arlington Branch, NAACP. Encourages letter-writing campaign to President Kennedy to end housing discrimination and to support Dr. Martin Luther King, Jr., upon his arrest in Albany, Georgia. Promotes Freedom Fund Extravaganza, with food, dancing, and music. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1962-08 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_24 https://projectdaps.org/files/original/8995400b5a70ee4d89a629ceffc22d5b.pdf 0eee19590f5df8e07b323b03328ea030 PDF Text Text NATIONAL A S S O C IA T IO N FO R THE ADVANCEMENT OF COLORED P E O P L E ARLINGTON BRANCH M rs. B e a tr ic e R i t c h i e , P r e s i d e n t , 1 h6 S o u th B a rto n S t r e e t , A r lin g to n ,, V ir g in ia NE WS L E T T E R V o l. V II____________________________December I960-______________________________No. 8 NEXT MEETING DECEMBER ikHJl The n e x t m e e tin g o f th e membership w i l l b e h e ld WEDNESDAY, December 1^+th a t 8 :0 0 P.M. a t Mount S a lv a tio n B a p ti s t C hurch, N orth C u lp ep p e r S t r e e t . SAVE THE DATE AND COME SAVE THE DATE AND COM E PROGRAM 'HOW A COMMUNITY PREPARES FOR INTEGRATED HOUSING" Reverend Edward H. Redman U n ita r ia n Church o f A r lin g to n Mr. Redman w i l l sp e a k t o us from t h e p e r s o n a l e x p e r ie n c e o f h a v in g worked w ith community o r g a n i z a t i o n s i n Ann A rb o r, M ichigan t o p r e p a r e t h e way f o r i n t e g r a t e d h o u sin g i n W illow Run, M ic h ig a n . T h is a tte m p t was s u c c e s s f u l and t h e h o u sin g p r o j e c t s ta n d s a s an exam ple o f community u n d e r s ta n d in g . ELECTION OF OFFICERS FOR 1 9 6 1 The N om inating C om m ittee h as p r e s e n te d t h e fo llo w in g s l a t e : P re sid e n t: V ice P r e s id e n t: R e co rd in g S e c t 'y : C o rre sp o n d in g S e c t 'y : T re a su re r: Rev. M rs. M rs. M rs. M rs. C h e ste r M urray B a rb ara Marx Ann W alker Rose Rovin G e ra ld in e D~.vis N om in atio n s may b e made from th e f l o o r . E x e c u tiv e Com m ittee Mr. R o b e rt A le x a n d e r Mr. B ir-die A ls to n Mr. W a lte r H ig h to w er D r. J . H. Moore M rs. B e a t r i c e R i t c h i e M rs. J e s s i e Syphax M rs. L i l l i a n Thompson HOFFMAN BOSTON HIGH SCHOOL CALLED SUBSTANDARD D r. James C onant i n h i s r e p o r t on A m erican h ig h s c h o o ls s a y s "H igh sc h o o ls w ith g ra d u a tin g c l a s s e s o f l e s s th a n 100 s t u d e n ts a r e n o t i n a p o s i t i o n t o p ro v id e a s a t s i f a c t o r y e d u c a tio n t o any g ro u p o f t h e i r s t u d e n t s . " Hoffman B oston g r a d u a te d 30 s t u d e n ts i n 1 9 5 8 * 35 s t u d e n ts i n 1 9 5 9 * and 53 s t u d e n t s i n i960. R e p o rtin g on CCSP’ s p a n e l d i s c u s s i o n on A rlin g to n h ig h s c h o o ls M artha S t r a y e r o f th e D a ily News s a y s , "Hoffman B o sto n s t u d e n ts s u f f e r d e f i n i t e educa t i o n a l h an d ic a p s com pared w ith th o s e i n o t h e r A r lin g to n h ig h s c h o o l s . F or exam p le: Only one la n g u a g e (F ren ch ) i s o f f e r e d them and t h a t o n ly f o r two y e a r s . The s c h o o l h a s no S p a n ish , L a t i n , German o r R u ssia n a s i n o t h e r A rlin g to n h ig h s c h o o ls . * * S c ie n c e c o u rs e s a r e sh o rtc h a n g e d , w ith c h e m is tr y and p h y s ic s o f f e r e d o n ly i n a l t e r n a t e y e a r s . * M e ch an ical d raw in g c o u rs e s a ls o a re c u r t a i l e d . * The s c h o o l h a s no program f o r a c a d e m ic a lly g i f t e d s t u d e n ts . * The s c h o o l has no c o o p e r a t i v e v o c a tio n a l t r a i n i n g p ro g ram , i n w hich s tu d e n ts would go t o sc h o o l h a l f a day and spend t h e r e s t o f t h e day on p a r t - t i m e j o b s ." DREW SITE TO BE CONSIDERED ON THURSDAY DECEMBER 15TH When q u e s tio n e d a b o u t a t h i r t y - t w o room e le m e n ta ry s c h o o l, a Montgomery County School B oard member d e c la r e d , " I t i s a h o r r o r ." B ecause many c la s s e s w ere on do u b le s h i f t t h e Montgomery C ounty S ch o o l Board w aived t h e i r l i m i t o f 2 0-2 2 rooms an d ad d ed t o an e le m e n ta ry s c h o o l. S e rio u s d i s c i p l i n a r y and a d m i n i s t r a t i v e p ro b le m s h av e r e s u l t e d . T h e re have b een s e v e r a l changes in p r i n c i p a l s t h e r e b e c a u s e su ch a l a r g e s c h o o l i s so d i f f i c u l t t o r u n . At i t s m e e tin g on T h u rsd ay , December 1 5 th , o u r s c h o o l b o a r d w i l l con s i d e r w h eth er t o a d d rooms t o Drew S ch o o l o r b u i l d a new s c h o o l on th e Douglas P ark s i t e . GOT YOUR NAACP CHRISTMAS SEALS YET? $ 1 .0 0 PER SHEET. THEY WILL BE ON SALE AT THE MEETING FOR S e a ls may a l s o b e o r d e re d from M rs. E s th e r I . Cooper - JA 2-6015 �- Barbara Marx 6897 N.Washington Blvd Arlington, Va M rs. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsletter, December 1960" Description An account of the resource December 1960 newsletter for the Arlington Branch, NAACP. Previews next meeting, lists nominations for officers and executive committee members for the coming year, reports on study on Hoffman Boston's quality and Drew School addition. Verso has stamp, postmark, and Barbara Marx address. Two pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1960-12 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_42 https://projectdaps.org/files/original/0de3d0aa944ed9643b2978fff8071029.pdf ec865544a0e6b788927cd6758ef9ad48 PDF Text Text NATIONAL ASSOCIATION FOR THE ADVANCEM ENT O C LO F O RED PEOPLE ARLINGTON BRANCH Reverend Chester H. Murray, P resid en t, 1315 South Queen S tr e e t, A rlin gton, Va. NEWSLETTER Vol. VIII_________________________ December 1961 _________ No. 6 NEXT MEETING - THURSDAY, December i b t h The next meeting of the A rlington Branch NAACP w i l l be held a t L M X OA A.M.E. Zion Church, 2 7 0 b South 2 k t h Road a t 8:00 P.M. Our theme: PROGRESS in 16 l , W w i l l hear from Mrs. Robert E ldridge, Ronald Deskins and others e who w i l l t e l l us about advances in desegregation in A rlington and the Metrop o l i t a l Area in employment, school a t h le t ic s and s o c ia l a c t i v i t i e s . RECREATION DEPARTM ENT WINTER CLASSES Don't pass up the opportunity to develop a hobby or a new s k i l l fo r y o u r se lf or your ch ild ren . Take advantage o f the courses offered by the A rlington Recreation Department open to a l l c it iz e n s of the county. Regis tr a tio n opens January 2nd and you can r e g is te r by m ail or in person. Check your c h ild 's school and see i f the Recreation Department o ffe r s courses a f t e r sch ool. Program schedules are a v a ila b le a t your lib ra r y or the Recrea tio n Department a t 300 North Park Drive (o ff Glebe Road near Hechts) JA U-7000. HEARING C M N INIM UM HOUSING STANDARDS - Saturday, December lo th The County Board a t i t s regu lar meeting on December l 6 th a t the Court House a t 9:00 A.M. w i l l propose fo r passage a minimum housing standard ord i nance. This ordinance has two main o b je c tiv e s: The b a sic human wish th a t other fe llo w men l iv e decen tly; conservation o f community h ea lth and p r o te ctio n o f neighborhoods a g a in st the spread o f b lig h t . I f adopted and enforced, t h is ordinance should prevent slums in A rlington. SUIT CHALLENGING TR ADDITION EW A taxpayers s u it i s being f i l e d , ch allen gin g the 22 room a d d itio n to Drew School. In t h is connection i t i s in te r e s tin g to note th a t the School Bond Issu e l o s t in th e votin g p r e cin c ts served by the Drew School. Read the newspapers fo r more d e t a il on th e taxpayers s u it . NAACP CHRISTMAS SEALS The proceeds from the s a le o f Christmas S eals goes to the Freedom Fund. Have you made your Christmas g i f t to the Freedom Fund yet? I f not buy your s e a ls a t the meeting or from Mr. Robert Alexander a t JA 5-7367 or Mrs. Esther Cooper a t JA 2-6015. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsletter, December 1961" Description An account of the resource December 1961 newsletter for the Arlington Branch, NAACP. Previews next meeting, reminds readers to use the newly desegregated Arlington parks and recreation system, and hearings on the Drew School addition and housing ordinances. Verso has stamp, postmark, and Barbara Marx address. Two pages. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1961-12 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_20 https://projectdaps.org/files/original/0c3913ffe11639d802a812e32d566589.pdf 77dcf7b70d3aa57531402841f4d00365 PDF Text Text NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ARLINGTON BRANCH Rev. C h e s te r H. M urray, I 3 1 5 S . Queen S t r e e t ___________________ A r lin g to n , V i r g i n ia NEWSLETTER V ol. IX______________________________ December NEXT MEETING - T h u rsday, D ecember 6 No. 1 9 6 2 6 t h - 8 :0 0 P.M. The n e x t m e e tin g w i l l be h e ld a t Mount S a lv a tio n B a p t i s t C hurch, 1 9 6 1 N. C u lp ep e r S t r e e t . We w i l l h e a r r e p o r t s on t h e S t a t e C o n v e n tio n and e l e c t o f f i c e r s f o r 1963- 6 ^ . S la te of O ffic e rs The N o m inating Committee h a s p r e s e n te d th e f o llo w in g s l a t e : P re sid e n t: Rev. C h e s te r M urray V ice P r e s id e n t: M rs. B a rb a ra S . Marx R e co rd in g S e c r e ta r y : Miss K a th e r in e Cooper C o rre sp o n d in g S e c r e t a r y : M rs. Rose R ovin T re a su re r: Mrs. G e r a ld in e D avis P r e s i d e n t E m e ritu s: Mrs. E s t h e r Cooper E x e c u tiv e C om m ittee: Mr. R o b e rt M. A le x a n d e r Mr. W illia m R. Minor Mr. B i r d i e W. A ls to n Mrs. B e a t r i c e R itc h ie Mr. W a lte r H ightow er Mrs. J e s s i e T. Syphax M r. L o u is W illiam s N om in atio n s may b e made from t h e f l o o r . FREEDCM FUND EXTRAVAGANZA - £ 300 p r o f i t C o n g r a tu la tio n s and s in c e r e th a n k s t o Mr. and M rs. B i r d i e W. A lsto n and t h e i r h e lp e r s f o r t h e i r l e a d e r s h ip and d e v o te d work i n p u t t i n g on t h e " E x tra v a g a n z a ." The K n ig h ts o f Columbus Club p ro v e d t o be an a t t r a c t i v e p l a c e , Mr. R o b e rts o n ’ s band made b e a u t i f u l m usic and t h e company was o f t h e b e s t . Everybody t h e r e ag re e d " i t was a lo v e ly p a r t y . " Most im p o r ta n t, th o u g h , we r e a c h e d o u r o b j e c t i v e and made a p r o f i t o f a b o u t $ 3 0 0 .0 0 w hich w i l l go t o t h e Freedom F und. We th a n k a l l o f you who su p p o rte d t h i s e f f o r t and b o u g h t t h e t i c k e t s . ARLINGTON YOUTHS ELECTED TO STATE OFFICE We a r e p ro u d o f M ichael M urray who was e l e c t e d P r e s i d e n t o f th e S t a t e C o n fe re n c e NAACP Youth & C o lle g e C h a p te rs and C h r i s t i n e Cooke who was e l e c te d a s a S ta n d in g Member o f t h e E x e c u tiv e C om m ittee a t th e S t a t e C o n fe re n c e . We a r e s u r e t h e y w i l l do an e x c e l l e n t jo b . ARLINGTON SCHOOL INTEGRATION SOARS UNDER LOCAL OPTION In H a lls H i l l Afiegroes i n g r a d e s 7 -1 2 a r e a s s ig n e d t o H offm an-Boston b u t may a p p ly f o r t r a n s f e r t o d e s e g re g a te d s c h o o l s . Now 132 a r e a t t e n d i n g d e s e g re g a te d s c h o o ls , w h ile o n ly 5 8 a r e g o in g t o H offm an-B oston. T h ir te e n o f A r l i n g t o n 's 27 f o r m e r ly a l l w h ite s c h o o ls a r e now i n t e g r a t e d : E lem en tary B a rre tt C la y E d is o n H e n ry Page W ils o n S econdary 2 1 3 18 G u n s to n J r . H igh Jeffe rso n K enm ore S tra tfo rd S w an son W a k e f i e ld H igh W & L H ig h b 1 TOTAL: 6 18 2 k2 51 6 39 202 I t i s r e g r e t t a b l e t h a t b e c a u s e o v e r t h r e e - f o u r t h s o f A r lin g to n N egroes l i v e i n th e H offm an-B oston a tte n d a n c e z o n e , th e y can n o t t r a n s f e r t o i n t e g r a t e d s c h o o l s . Is i t n o t tim e t o d is c o n tin u e H offm an-B oston S e n io r H igh S c h o o l and a s s i g n t h e s e 216 s tu d e n ts t o W ak efield High S chool? "The D ro p o u t" NEA F ilm Ja n u a ry 1 3 th "The D ro p o u t" w i l l b e shown S unday, Ja n u ary a t 7 :3 0 P.M. a t t h e Mount O liv e E a p t i s t C hurch u n d er th e a u s p i c e s o f th e Community C o u n c il f o r S o c i a l P r o g r e s s . A d i s c u s s i o n w i l l fo llo w t h e f i l m . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource RG 18: Personal Papers of Barbara Marx Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource "NAACP Arlington Branch Newsletter, December 1962" Description An account of the resource December 1962 newsletter for the Arlington Branch, NAACP. Previews next meeting, lists nominated officers and executive committee members for the coming year, reports on the Freedom Fund Extravaganza, and reports on Arlington school integration. Format The file format, physical medium, or dimensions of the resource pdf Source A related resource from which the described resource is derived RG 18, Personal Papers of Barbara Marx Creator An entity primarily responsible for making the resource Arlington Branch, NAACP Date A point or period of time associated with an event in the lifecycle of the resource 1962-12 Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant 1960s Rights Information about rights held in and over the resource This image is subject to copyright. Unauthorized use of the images in the Local History Collections of the Arlington Community Archives is prohibited. Identifier An unambiguous reference to the resource within a given context 18_1_4_2_38