The Carolina tribune. [volume], June 03, 1939, Page PAGE FIVE, Image 5

About The Carolina tribune. [volume] (Raleigh, N.C.) 19??-1940

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SATURDAY JUNE 3, 1939
St. Augustine’s
Dr. Jackson Addressed
St. Aug. Graduates
RALEIGH Seventy graduates
of St. Augustine’s College and its
associated schools received degrees
diplomas and certificates at the
seventy-second commencement of
this, the oldest Episcopal institu
tion of higher learning, here May
24. In addition to the twenty-six
bachelor of arts degrees and the
ten bachelor's degrees in science,
on e diploma and three certificates
of graduation were conferred by
the Bishop Tuttle School for reli
gious and social workers, ten dip
lomas were awarded to graduates
of St. Agnes Training School for
Nurses, and twenty to graduates of
the two-year college preparatory
course.
Walter C. Jackson, L. L. D„ dean
of administration at the Women’s
College of the University of North
Carolina, Greensboro, in a striking
address on the Spirit of scientific
inquiry, said, “The mind of man
has not only the right, but also the
duty to doubt and inquire.’’ With
this right and duty there goes the
the corresponding responsibility to
investigate and experiment with an
attitude of honesty which must in
volve willingness to be proved
either right or wrong, he stated.
The scientific age which ushered
in this spirit of inquiry has seen
the growth of other great forces
characteristic of modern life: the
Integration of life, which draws
all mankind closer together through
communication and transportation;
increase in the common body of
knowledge, and the decline of au
thoritarianism. Although democra
cy for the present seems to be in
eclipse in parts of the world to
day, authoritarianism must ultima
tely succumb to democracy and
liberty, the speaker maintained.
Dr. Jackson has served as both
state and national chairman of the
Omission on Inter-racial Co-opera
tion.
President Edgar H. Goold con
ferred prizes as follows: The Mil
ton A. Barber public speaking a
ward to Charles N. Atkins, of ’4l,
of New York City; the Dußignon-
Lewis prize in dramatic expression
to William L. Delany, college pre
paratory, ’4l, of New York City;
the Omega Psi Phi Prize for out
standing manhood in the freshman
class to Phillip A. Sellers, of Char
lottesville, Va. ;the Phi Beta Sigma
prize for outstanding freshman
scholarship to William Young, of
Raleigh; the Dr. Thomas H. Amos
freJiman biology prize to Frances
M. Mayo, of Newark,. N. J.; a spec
ial award given by the Rev. J. C.
Mancebo, of Cuba a student of a
bout fifty years ago “to the student
who has done most for the pro
motion of peace and happiness in
the cllege,” to Joseph A. Bennett,
’4O of Edenton, N. C.! the Queen
Esther Stokes prize for excellence
in nursing, to Ann Phillips, ’39, of
Asheboro, N. C.
Sixteen states and one foreign
country were represented in the
graduating classes.
th ir ty
Legal
Notices
NORTH CAROLINA |
IN THE SUPERIOR COURT
WAKE COUNTY
Katherine Hardy Coleman
vs.
Arnold Francis Coleman
NOTICE
The defendant, Arnold Francis
Coleman, will take notice that an
action entitled as above has been
commenced in the Superior Court
of Wake County, North Carolina,
to obtain an absolute divorce on
the grounds of two years separa
tion, as provided in the Statute of
North Carolina, plaintiff and de
fendant having lived separate and a
part for more than two years, next
preceeding the institution of this
action, and that said defendant will
further take notice that he is re
quired to appear at the office of
the Oerk of the Superior Court of
Wake County, in the court house
in Raleigh, North Carolina, on the
29th day of June, 1939, or within
2 days thereafter and answer or
demur to the complaint in said ac
tion, or the plaintiff will apply to
the court for the relief demanded
in said complaint.
This 29th day of May, 1939.
W. H. SAWYER
Clerk of* Superior Court
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SUPREME COURT BLOCKS ATTEMPS
TO DODGE THE GRANDFATHER CLAUSE
WASHINGTON, D. C. The at
tempt of the state of Oklahoma to
dodge a United States supreme
court decision in 1915 which out-'
lawed the grandfather clause in its
constitution was in turn outlawed
by the United States supreme court
here May 22.
In rendering its opinion in Lane
v. Wilson, the court held that Ok- 1
lahoma had an unconstitutional
law in the 1918 statute requiring!
persons who had not voted in 1914!
to register within a period of ten'
days or forever thereafter lose'
their right to register and vote.
The 1916 registration law was
passed immediately after the grand j
father clause was declared uncon- I
stitutional, and was designed to
catch Negroes off their guard and 1
restrict their suffrage.
The opinion, written and deliv
ered by Mr. Justice Frankfurter,
held that the 15th Amendment to)
the Constitution “nullifies sophisti
cated as well as simple minded!
modes of discrimination.” The o-.
pinion represented a 6-2 decision,
with Justice Mcßenolds and Butler!
dissenting and Justice Douglas not
participating. j
The .case, which was carried to
the high court by the National
Association for the Advancement 1
of Colored People, represents the 1
twelfth victory out of thirteen
cases carried to the supreme court
by that organization. I
In the opinion delivered by Jus-;
tice Frankfurter, the court said: i
“The crux of the present contro
versy is the validity of this regis- ’
tration scheme with its dividing
line between white citizens who
had voted under the “grandfather I
clause” prior to Quinn v. United
States supra, and citizens who were
outside it, and the not more than’
12 days as the normal period or
registration for the therefore pre
scribed class.”
15th Amendments Violated
Pointing out that this was a
clear violation of “the fifteenth a
mendment which secures freedom I
from discrimination on account of
ra,ce in matters affecting that fran
chise.” the opinion made it clear
that this amendment “nullifies so
phisticated as well as simple mind,
ted modes of discrimination. It hits
onerous procedural requirements
which effectively ’handictp exer
cise of the franchise by that colored:
race although the abstract right to |
vote may remain unrestricted as
to race.”
Th e eas e which is now thrown
back to the supreme court of Ok
lahoma. involves a SIO,OOO law
suit filed against the registrar of
Wagoner County. Okla., in 1934 by
I. W. Lane, who charged that
he was refused permission to re
gister to vote in that year.
NAACP attorneys who argued
the case before the highest tribu- •
nal in th e country were: Charles •
A. Candler, of Muskogte, Okla.;
and James C. Nabrit, a professor in
the Howard university law school.
Associate counsel who prepared
the brief in th e case were: Thur-1
good Marshall, assistant legal coun
sei of the NAACP; Charles H.
Houston, and Leon A. Ransom, of
the Howard university law school.
Case .Goes Back to 1914
This case had its birth in the
old grandfather clause cases of
1914 whereby the constitution of
Oklahoma and several other states
provided strict educational qualifi
cations for voters unless they
could prove that their grandfathers
had voted prior to 1866. Since no
Negroes were qualified to vote
prior to 1866 the discrimination in
the constitution was apparent and
the U. S. supreme court in 1915
held this provision unconstitutional
in a case fought by th e NAACP.
Immediately after this decision
Oklahoma attempted, to get around
the 15th amendment again by pass
ing an act February 26, 1916 that
all persons eligible for registration
had to register within 12 days or
be forever barred from registra
tion. But the act provided however,
that all persons who voted in the
1914 elections (when Negroes were
excluded by the grandfather .clause)
were not affected. This act was
challenged on the constitutional!
grounds in 1934 by the NAACP
when registration was refused I.
W. Lane.
Officials of the NAACP pointed)
out that the court’s decision can
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be hailed not only as a great gain
for Negroes becaus e it establishes
their right to vote under the
fifteenth amendment to the Consti
tution, but it also gives a broader
interpretation to the so-called Civil
War amendments. Not only is the
right to vote established by the old
grandfather clause cases, and the
right to vote in primaries establish
ed by the Texas primary cases, al)
handled by the NAACP, but now
the right to register has been es
tablished.
NAACP Victories
Twelve out of thirteen cases car
ried to the U. S. Supreme Court by
tie NAACP have been won. This
record extends over a period of
almost twenty-fiv e years, from 1915
to date.
The first case in 1915 struck
down as unconstitutional period of
almost twenty-five years, from 19-
15 to date.
The second case declared the
Louisville segregation ordinance
unconstitutional in 1917. This or
dinance similar to those in other
cities prohibited whites and Ne
groes from living in th e same dis
tricts.
Th e principle that a trial dom
inated by mob violence is but a
“mask” and a denial of due pro
cess was established in 1923 in sev
eral cases growing out of the E
laine, Arkansas, riots. Twelve Ne
gro sharecroppers were sentenced
to death and 67 for long prison
terms at trials dominated by mobs.
These men were freed by this de-1
cision and the precedent of due |
process established. This precedent)
has been used in many later cases!
including the famous Scottsboro
appeals.
In 1926 the New Orleans segre
gation ordinance similar to the
Louisville one was declared uncon
stitutional in a memorandum opin-1
ion.
The first Texas primary case in
1927 established the right of Ne
gioes to vote in the primary as well
as the general election and held
unconstitutional a Texas statute
which excluded Negroes from the
Democratic primaries.
In 1930 the Richmond, Virginia,
segregation ordinance, similar to
the Louisville ordinance, was de
clared unconstitutional in a me
morandum opinion.
The second attempt of th e state
of Texas to exclude Negroes from
the primaries was declared uncon
stitutional in 1932. After th e first
decision Texas attempted to evade
the fifteenth amendment by enab
ling the Democratic party of Tex
as to exclude Negroes. This was de
clared unconstitutional as state ac
tion.
In 1935 the U. S. Supreme Court
ruled that the conviction of Jess
Hollins from Oklahoma by a jury
of whites from which all Negroes
were excluded was invalid and a
denial of du e process of law.
The conviction of three Negroes
BOOKER T. WASHINGTON
TOURS
236 West 135th Street
New York. N. Y.
THE CAROLINA TRIBUNE
College Holds 72nd Finals
in Mississippi on a confession ex
torted by force and violence was
held to b e a denial of due process
of law in 1936. The supreme court
held: “Th e rack and torture cham
ber may not be substituted for the
witness stand. . ”
The conviction of Joe Hale of
Kentucky on an indictment drawn
by an all white jury and by a trial
of an all white jury from which
Negroes were excluded as declared
unconstitutional in 1938.
The University of Missouri de
cision, December 12, 1938, establish
ed the principle that a qualified
Negro could not be excluded from
the state university on the grounds
of his color in the absence of the
establishment of equal opportunities
for him within the state. This de
cision established the principle ap
plicable to all public education
that ’’the admissibility of laws se
parating the races in the enjoy
ment of privileges which the law
gives to the separated groups with
in th e States.”
The twelfth victory was the case
Monday May 22, 1939 de
claring unconstitutional a statute of
Oklahoma which discriminated
against Negroes in their right to
register and vote.
thirty
Many Requests For
Aid Reach Welfare
Agencies of State
RALEIGH Approximately
28,000-persons applied to local wel
fare departments in North Carolina
in the six months ending the last
of April, 1939, involving over 65,-
000 men women and children in
requests for government financial
aid, Mrs. W. T. Bost, State welfare
RESPONSIBILITY
There is not greater responsibility than the final
service for our loved ones. And there is no duty
with which the average person is less familiar.
The cost of the funeral must be borne in mind . .
civil authorities must be notified of the death . .
friends must be informed. A host of things must
be done. And that is where OUR RESPONSI-
_ BILITY enters; our staff is .trained to remove
all care over funeral details from client’s minds.
i p Prices here are no higher, because of
the many added Raleigh Mutual Burial
Association service features. They are
kept within ranges which enable ALL
families, regardless of financial limita
tions to benefit by our higher type of
Memorial Service proceedure.
RALEIGH MUTUAL BURIAL ASS N
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'tega 'WMF
ONE WAY FROM RALEIGH
Atlanta $
Birmingham 8.85
Boston 15.85
Chicago 17.30 I
Detroit 17.90 <
Jackskonville 7-80
Miami 13.35
New York 10.12 v
Philadelphia 7.87
Pittsburgh 12.08
St. Petersburg 11.55
Tampa 11.00 C. G. WARD, D. P. A.
Washington 4.55 505 1.0.0. F Temple, Raleigh, N. C.
West Palm Beach 12.30 Telephone 4610 Ext. 1
commissioner announced today. «
Monthly expenditures now run nJ
the neighborhood of $525,00 for the
100 county welfare departments for
all types of assistance grants from
Federal, State and local funds to
aid least 50,000 families.
During April, 1933 blind persons
were given an average grant of
$14.64 to bring the monthly State
wide total expenditure to $28,298.-
,18 under th e program administer
ed by the State Commission for
the Blind, according to figures com
piled by J. S. Kirk, Statistician for
the State welfare department.
To 32,385 old people went an
average payment during April of
$9.55 with the total expenditure a
mounting to $309,347.47; while
North Carolina’s average grant to
families of dependent children was
$15.52 a family o r $5.82 for each
child on the rolls requiring a total
outlay of $125,324.92 to 8,075 fam
ilies representing 21,534 children.
Director of Public Assistance, Na
than H. Yelton, pointed ovt th»t +ly>
average North Carolina payment
to recipients under that phase of
the program administered by the
State Board of Charities and Pub
lic Welfare, is .climbing a few cents
each month above the average for
the preceding thirty-day period.
From local relief funds alone
19,590 persons comprising 6,123
families received $34,7999.80 at an
average grant for April of $5.68 a
family.
During the month, 446 cases re
ceived $6,433.62 for pauper burials,
boarding home care, and other
items, and 737 'persons received
hospitalization at an average cost of
$25.20 from the $18,577.02 total
spent for this type of aij by the
counties, Kirk’s figures showed.
Union Students Speak
On Radio Program
RICHMOND A resume and
evaluation of the third all-South
ern Negro Youth Congress held in
Birmingham. Ala., was given over
Station WRTD, Richmond, Thurs
day night by Laurence D. Jackson
and Samuel S. Mitchell, students
of Virginia Union University.
The speakers were representa
tives of the Virginia Union Univer
sity student body at the Birming
ham conference. Mr. Jackson gave
a report on the activities of the
conference. He listed the panel
discussions, outstanding speakers,
and major activities of the three
day meeting.
An evaluation of the conference
was given in the address by Sam
uel S. Mitchell. “The Southern Ne
gro Youth Congress,” Mr. Mitchell
said, “has so identified itself with
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PAGE FIVE
the Negro situation that its failure
would forecast the failure of our
people.”
Mr. Jackson, a member of the
graduating classes, is from Okla
homa City, Okla., Mr. Mitchell,
who is a junior, is from Goldsboro,
North Carolina.
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