The Monitor —
V NEBRASKA’S WEEKLY NEWSPAPER DEVOTED TO THE INTERESTS OF COLORED AMERICANS
\ THE REV. JOHN ALBERT WILLIAMS, Editor.
$2.00 a Yea- % ~enU a Copy OMAHA, NEBRASKA, FRIDAY, AUGUST 5, 1927 Vol. XIII—No. 6 Whole Number 628
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MICHIGAN SUPREME COURT
UPHOLOS CIVIL RIGHTS BILL
New York, N. Y.—The Grand Rap
ids, Michigan, Branch of the Na
tional Association for the Advance
ment of Colored People reports to
the national office, 69 Fifth Avenue,
that, the supreme court of Michigan
in the case of Emmett N. Bolden vs.
Grand Rapids Operating Corporation
has upheld the Civil Rights Law of
that state.
The case arose out of Dr. Bolden,
who is a colored dentist, being refus
ed a seat on the first floor of a
theatre operated in Grand Rapids
by the Grand Rapids Operating Cor
poration. The action was brought on
behalf of Dr. Bolden but the defend
ant’s motion to dismiss the case was
granted in the lower court. The case
was thereupon appealed to the su
preme court. The sections of the
law which the supreme court took
into consideration were the two fol
lowing:
“No. 15670. Section 1. All per
sons within the jurisdiction of this
State shall be entitled to full and
equal accommodations, advantages,
facilities and privileges of inns,
restaurants, eating houses, barber
shops, public conveyances on land
and water, theatres, motion pic
ture houses and all other places
of public accommodation, amuse
ment and recreation and all pub
lic educational institutions of the
State subject only to the condi
tions and limitations established
by law and applicable alike to all
citizens.
“No. 16571. Section 2. Any per
son being an owner, lessee, propri
etor, manager, superintendent,
agent or employe of any such place
who shall directly or indirectly re
fuse, withhold from or deny to
any person any of the accommo
dations, advantages, facilities and
privileges thereof or directly or in
directly publish, circulate, issue,
display, post or mail any written
or printed communications, notice
or advertisement to the effect that
any of the accommodations, ad
vantages, facilities and privileges
of any such places shall be refus
ed, withheld from or denied to any
person on account of race, creed
or color or that any particular
race, creed or color is not wel
come, not desired or solicited, shall
for every such offense be deemed
guilty of a misdemeanor and upon
conviction shall be fined not less
than fifteen dollars or more than
one hundred dollars or shall be
imprisoned in the county jail for
not less than ten days nor more
than ninety days or both such
fine and imprisonment in the dis
cretion of the court.”
The Supreme Court in its decision
said:
“It therefore seems clear to us
that a person denied admission,
in violation of its provisions, has
a right of action for such damages
as he sustained thereby.
“The judgment for defendant
is reversed and set aside and the
cause remanded.”
The Grand Kapids Branch of the
National Association for the Ad
vancement of Colored People is de
termined to fight the case to a fin
ish.
EX-HEAD OF KLAN
HELD FOR ROBBING
NEGRO FARM OWNER
Flogging Probe Discloses That It la
Ex-Policemen Who Hold Deeda
to Land Obtained by Force
From Farmer
Birmingham, Ala.—In spite of the
fact that the investigation of the
flogging of Arthur Hitt, race farmer,
is being veiled with the utmost se
crecy, startling developments have
been revealed.
Waa Klan Leader
It has been disclosed that the man
who holds the deed to the land which
Hitt was forced to sell by the flog
gers was at one time cyclops of a
Birmingham Ku Klux Klan unit. The
man, W. J. Worthington, said “he
expected to be indicted by the grand
jury,” although, on the other hand,
he stated that he “paid a fair price
for the property.”
Waa Coarced
Hitt, a respectable land owner,
was forced into selling land which
he owned by threats of violence and
through fear of a brutal flogging ad
ministered to him by a band of mask
ed whites. That Hitt did not receive
a fair deal in the transaction was
evidenced by the fact that he re
ceived $600 for his land although
its value is at least $9,000.
County authorities stated that
they expected to have all of the
men guilty in connection with the
flogging of Hitt under arrest within
a few days. It was also said efforts
would be made to return Hitt the
deed to his land.
FORD HIRES 5,000 A
WEEK FOR NEW CAR
Detroit, Mich.—The Ford Motor
Company is recalling old employees
and hiring new men at the rate of
about 5,000 weekly, it was revealed
here recently. Indications are Ford
plans to be in full stride on his new
car by September 1st.
NAME THREE MORE ON
FLOOD RELIEF COMM.
Washington, D. C.—J. S. Clark,
president of Southern Uni., Batttn
Rouge, La; Dr. L. M. McCoy, presi
dent of Rust college, Holly Springs,
Miss., and H. C. Ray, Department
of Agriculture Extension, Little
Rock, have been appointed to adjust
misunderstanding in the flood relief
area by the American Red Cross
flood relief body.
■ I
GROVE M. E. CHURCH TO LAY
CORNERSTONE OF EDIFICE
Grove M. E. church will lay the
cornerstone of their recently ac
quired church, Twenty-second and
Miami streets, Sunday, August 14th,
at 3 p. m.
Bishop M. W. Clair, Dr. W. A. C.
Hughes, Rev. B. R. Booker, D. S., and
Rev. S. H. Johnson, Lincoln, Neb.,
will be in charge of the general pro
gram for the occasion, assisted by
the pastor and officers and members
of Grove M. E. church.
The laying of the cornerstone will
be conducted by the Masonic frater
nity, assisted by the Pythians of the
city.
Ail bodies which are to partici
pate in the ceremonies will assemble
at Grove M. E. church, Twenty-sec
ond and Seward streets, at 1 p. m.
and will march from this point to
the new edifice at Twenty-second
and Miami streets.
All pastors, Sunday school super
intendents, with their churches and
Sunday schools are invited, as are
all fraternal societies and civic bod
ies. The general public is also invit
ed. A group picture will be taken.
Prof. Waddle’s band will furnish
the music, and the police department
will furnish a police escort. Refresh
ments will be available. Come and
join them.
COLORED FLYER SETS
RECORD IN LONG FLIGHT
_
Los Angeles, Calif.—Clarence E.
Martin, colored aviator who has an
nounced his intentions of entering
the $35,000 Hawaii-American flight
recently broke an aeroplane speed
record when he flew from Salt Lake
City to Los Angeles, a distance of
about a thousand miles, in seven
hours.
Washington, D. C.—Miss Emma
Mae Irwin, head nurse at FreeBman’s
hospital, resigned from the service
recently.
EDITORIAL
Frequent attempts have been made in several states which
have a Civil Rights Bill to evade the plain provisions of the law.
Violators of such laws only get away with it when the plain
tiff lacks the intestinal stamina and quite frequently the fi
nancial ability to fight, not with fists or dangerous weapons,
but with legal procedure. We know of no case, where the pro
visions of such a law are plain, in which the plaintiff has not
won either in a supreme court of the state or of the nation.
Lower courts have found for the defendant but whenever such
I cases have been carried up to the supreme court, the higher
'court has reversed the decision. For example, there have been
jseveral cases of this kind in Michigan, one quite recently, and
'in each one the Michigan supreme court has rendered its de
cision in strict accordance with the letter and spirit of the law.
It has upheld the law, which is so plain “that a wayfaring man
though a fool may not err therein,” or at least ought not err
therein.
However, the decision of some lower courts in cases sub
mitted under the Civil Rights Bill, like that of Michigan and
of some other states, certainly casts a serious reflection upon
the mentality of those courts. They certainly belong to a low
er mental category than that of the “fool” which Holy Writ
contemplates.
The issue in the case, Dr. Bolden versus the Grand Rapids
Operating Company, seems very plain. As a citizen of Michi
gan the plaintiff had been denied a seat on the first floor of a
theatre, in the face of the law which provides that “all persons
within the jurisdiction of this state shall be entitled to full and
equal accommodations, advantages, facilities and privileges of
theatres . . . subject only to the conditions and
limitations established by law and applicable alike to all citi
zens.”
The case was dismissed in the lower court. Most of our
people under the circumstances, would have considered the
case hopeless and given up. Not so Dr. Bolden. He carried it
to the supreme court and was backed in his appeal by the Na
tional Association for the Advancement of Colored People with
the result that the Civil Rights Bill was sustained.
Every legal victory of this kind helps to make secure our
constitutional rights. The validity of the Civil Rights Bill in
Michigan emphasizes the validity of the Civil Rights Bill in
Nebraska.
It should be noted that the provisions of the Nebraska Civil
Rights Bill are almost identical with those of Michigan, only
that of Michigan contains a phrase which makes it more in
clusive than the Nebraska law. That phrase is this, “all other
places of public accommodation, amusement and recreation.”
“All other places of public accommodation” include drug
stores, soda water fountains and soft drink places. Because
such places of public accommodation are not nominated in the
present Nebraska law one cannot successfully bring suit against
such places, but in the case of hotels, restaurants, barber shops,
public carriers and theatres, the law is specific and plain.
Therefore, for example, no theatre or movie house in this state
has any right to restrict any citizen of Nebraska on the ground
of his color or race to any special place in said theatre. The
denial of admission on any ground or conditions other than
those “established by law and applicable alike to all citizens”
is a violation of the law of this state and the courts have so
ruled. ,
The courts are for the safeguarding of our constitutional
rights and we ought to invoke their aid whenever necessary.
NF.GRO PHYSICIAN
ELECTED ALTERNATE
TO LEGION CONVENTION I
Nebratka State Convention of the
American Legion Chooser Jones.
Recognizes the Roosevelt
Post
At the *tate convention of the
American Legion held in Lincoln
this week Roosevelt Post was signal
ly honored by the election of Dr.
J. Wesley Jones as an alternate del
egate to the national convention in
Paris which convenes there in Sep
tember. As there are only three al
ternates from the state the rivalry
for the honor wus keen, which makes
Dr. Jones’ election the more signifi
cant.
Dr. W. W. Peebles was a member
of the important committee on reso
lutions and Edward W. Killinffsworth
served on the committee on creden
tials. The recognition given Roose
velt Post speaks volumes for the
spirit of the Nebraska legionnaires.
Among the resolutions passed was
one urging the admission of all citi
zens to military training camps
without discrimination as to race,
creed or color.
NEGRO COMPOSITION PUT
ON AIR BY NEW YORK BAND
Preston News Service
New York, N. Y.—The Goldman
Rand is playing a new composition
by Clarence Cameron White, head
of the musia department of West
Virginia Collegiate Institute, in their
summer concerts in New York City
at Central Park and the campuB of
New York University. The concerts
are being broadcast over a fifteen
station hookup.
HONOR BRIDAL PAIR
Mrs. Vera Williams, 2639 Seward
street, entertained 60 guests at a
bridal shower on Wednesday evening,
July 27, in honor of Mrs. Catherine
Preston Jones and Mr. James Jones.
The color scheme was pink, which
harmonized with the over draperies
of Mrs. Williams’ home. The guests
were served with special ice cream,
after dinner mints and individual
cakes made and decorated by Mrs.
Williams. After the guests were
served the large array of beautiful
presents was showed, and for which
Mr. Jones and Mrs. Jones thanked
the guests. A good time was had by
all.
Those who assisted were Mrs.
Jeanette Robertson, Mrs. R. L. Ross
and Mrs. Myrtle Marshall. Mr. and
Mrs. Jones were married July 19 in
Council Bluffs. Mrs. Jones is a
charming young lady, the only daugh
ter of Mrs. Hallie Preston.
Mr. Jones is the youngest son of
Mrs. Florence Jones, and a brother
of Walter Jones, Mrs. W. A. Harris,
wife of Rev. W. A. Harris of Coun
cil Bluffs, and of Mrs. Vera Williams
of Omaha. Mr. Jones iB considered
one of the foremost trombone play
ers of the city. He and his bride
are very popular among Omaha’s
younger set. They are making their
home with Mrs. Jones’ mother at
2639 Seward street.
ETHEL WATERS OPENS NEW
SHOW IN NEW YORK CITY
New York City—One of the fore
most race artists of the day, Ethel
Waters, opened a new show, “Afri
cans,’’ at Daly’s Sixty-third street
theatre. New York City, on Monday,
July 11.
JOHN HENRY, STEEL DRIVER;
WAS HE MAN OR MYTH?
The great interest being shown in
Negro songs lately calls to mind that
grand old song known as John
Henry. Who has not heard of John
Henry, the famous Negro steel driv
er? The story is that he was about
the most powerful steel driver that
ever lived. It is said that during the
building of the Big Bend Tunnel he
competed with a steam drill, out-drill
ed it, but dropped dead “with the
hammer in his hand.”
Is this a true story, or is it just
an interesting tale that Negro work
men have made up? It all sounds |
quite possible, but did it really hap
pen? Some people who have investi
gated this legend sdy that John Hen
ry was only a myth, an imaginary
character invented by Negro steel
drivers. Others say that John Henry
was a real man, that he did drive
against the steam drill, and that he
really did beat it and drop dead with
the hammer in his hand.
Among those who are trying to
find out the truth about John Henry
is Professor G. B. Johnson of the
University of North Carolina. Mr.
Johnson is collecting songs and sto
ries about John Henry from all over
the nation, and later on he is going
to put all of these in a book about
John Henry. He says, “I am in
clined to think that the story about
John Henry is a true story, but of
course I would rather have definite
proof that it is true. I believe that
there are still many people living
who could give evidence concerning
the origin of the story about John
Henry, but they are growing old,
and unless they speak soon we may
never know whether John Henry was
a man or a myth.”
Mr. Johnson would like to hear
from anyone who knows a song about
John Henry or can tell him anything
about the origin of the song. He is
especially anxious to find an old
printed copy of the original John
Henry song, and he states that he
will pay a good price for such a
copy. He can be addressed at Box
652, Chapel Hill, North Carolina.
It is to be hoped that all who know
anything about John Henry will
write to Mr. Johnson and thus help
to preserve the folk songs and folk
lore of the race before it is too late.
ST. LOUIS READY TO HOUSE
DELEGATES TO BUSINESS
LEAGUE IN AUGUST
Tuskegee Institute, Ala.—The city
of St. Louis, Mo., which is to be host ,
to the twenty-eighth annual meeting
of the National Negro Business
League, August 10, 11 and 12, is pre- j
pared to take care of visiting dele- ,
gates at reasonable rates, according
to word received here by Albon L.
Holsey, secretary of the League. Ac
commodations in hotels and private
homes are adequate and can be se
cured at the uniform rate of $2 a,
day. This rates does not include j
meals.
Visiting delegates are advised to
proceed to the League headquarters,
911 North Vandeventer avenue where
they will register and be assigned to
quarters. An information bureau will
be maintained in the Union Station
with Boy Scouts as guides to direct
visitors. Local leagues are urged to
send forward to the St. Louis league
at its headquarters, the names and
number of persons expecting to at
tend from their respective leagues.
The St. Louis League gives assur
ance that everything possible is be
ing done to see that the visitors have
a happy stay while attending the con
ference.
KLAN DRIVES MAN CRAZY
Sea Bright, N. J.—City officials
arranged last Monday for the depor
tation of Jacob Hall, a colored em
ployee at one of the local resort ho
tels here, to his relatives in Smith
field, Va. Hall became violently in
sane, it is said, because of threats
made by members of the Ku Klux
Klan. He left Smithfield several
months ago after some trouble there,
and the Klan at that place is said to
have communicated with the one at
Sea Bright. Hall ran amuck and had
to be strapped to his bed.
[‘SALT OR SOMETHIHI
SERVED IH SODA AT
DEPARTMEHT STORE
THU is the Charge Made by Mrs.
Rountree and Her Niece Who
Had an Embarrassing Exper
ience at Local Store
ASSISTANT MANAGER IS SEEN
Expresses Regret for Language Used
by Him and Declares Policy
of Store Is Courtesy to
All Patrons
Last Thursday afternoon, Mrs.
Othello Rountree, jr., accompanied
by her 16-year-old niece, Lulu Green,
went to the soda water fountain in
Kresge’s department store, Sixteenth
and Harney streets, and ordered a
chocolate and pineapple soda. The
waitress took the order. This wait
ress and others continued to serve
others, but failed to serve Mrs. Roun
tree and Miss Green.
After a wfait of fifteen minutes,
Mrs. Rountree realized that there
was a determination not to serve her
at the fountain. Leaving her niece,
at the fountain, Mrs. Rountree asked
to see the manager, and was told
that the manager was out of the city,
but that Mr. Davidson, the assistant
manager was on the floor. She found
Mr. Davidson and told him the facts
and asked if it were not his duty to
see that patrons were served.
According to Mrs. Rountree’s
statement, which was substantially
corroborated by Mr. Davidson when
interviewed by The Monitor, Mr.
jDavidson said ratherly sharply, “Yes,
I if we must serve you, we will.”
Mr. Davidson then spoke to the
girl who took the order and the or
der was filled. Mrs. Rountree stated
that before the girl brought her the
soda ordered she said something to
another girl and they both laughed.
When she drank her chocolate soda,
“it tasted salty and bitter" and nan
seated her, and that Miss Green com
plained that her pineapple soda tasted
funny and she did not drink it.
Mrs. Rountree told Mr. Davidson
that the girls must have put some
thing in the sodas because hers made
her sick and her niece could not drink
hers at all.
Mr. Davidson then told her, ac
cording to Mrs. Rountree, and he
admitted to The Monitor that he
made the statement, for which he ex
pressed regret, “I think you’ve got
your nerve to force yourself in here
on white people.”
Mrs. Rountree reported this case
to the Public Welfare Board and was
advised by Miss Lucas to report the
case to the editor of The Monitor and
to the Omaha branch of the National
Association for the Advancement of
Colored People.
Representatives from the N. A.
A. C. P. took up the case with Mr.
Davidson and Monday afternoon, ac
companied by Attorney H. J. Pink
ett, the editor of The Monitor inter
viewed Mr. Davidson, who was found
to be a very pleasant and courteous
young man, a native,of Iowa. Be
it said to his credit that he was
manly and straightforward about the
whole matter and substantiated the
facts as given us by Mrs. Rountree.
He said that Mrs. Rountree’s at
titude rather nettled him and that
accounted for but did not justify his
statement to her which he regretted.
He said that it is the policy of Kres
ge’s to treat all patrons courteously
and alike and it was not the policy to
discriminate at the fountain or any
where else and he gave assurance
that he would speak to the man in
charge of the soda water fountain
that there might be no further cause
for complaint.
He said the store has a large col
ored patronage. It was suggested in
leaving that this patronage might be
seriously affected if such a policy as
that which Mrs. Rountree encounter
ed should become the rule.
The Masons of Washington, who
have just closed their 24th annual
grand lodge session, re-elected How
ard D. Brown of Seattle, grand mas
ter.
