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- - VOLUME VIII OMAHA NEBRASKA MAY ?, 1934 NUMBER—FIFTEEN.
, ' ' •- . _
APPEALS CASE TO HIGHER COURT
_n n n n —n o n o— —o o n _ n n ^^^ ~
Mrs. J.H. Kerns Loses
Theater Suit
Mrs Idean Kerns, wife of J. Harvey
Kerns, executive secretary of the Mid i
C ity Community Centr-Urban League,
brought suit against the management
of the Brandeis Theatre for violation
of the Cvil Rights bill and assault
The case was tried in Municipal Court
before Judge Sophus Neeble, Jr
The plaistiff sued for damages on
the Civil Rights act and $900 on the
assault action- The suit was an after
math of controversy regarding seats
to be occupied by Mrs Kerns and Mrs
William Haynes, who attended the
show on March 22nd
Mrs Kerns testified that she and
Mrs- Haynes purchased tickets, went
into the foyer of the theatre, thence
to the center door of the auditorium
proper. There they were met by an
ushe who stretched his arms across
the door preventing their entering.
He told them that they would have to
go to the balcony. Some few words
weie passed, after which the usher
directed them to either go upstairs
get their money back or see the mana
ger. They decided to do the latter
Repeated knocks at the office door
brought no response- The ladies then
decided then to see the. show and
started again into the main auditor
ium. Mrs- Kerns going to the center
door and Mrs- Haynes to another en
trance- Mrs Kerns attempted to push
the ushers arm out of her way. about
this time he expied Mrs- Haynes about
to enter the other door and rushed
over there seizing her by the wrists
and preventing her entrance- Mrs
Kerns started nto the door just desert
ed by the usher, on steppng partially
inside she was met and seized by the
arms by-a second usher who in shpv
ing her out. placed his knees in her
lower abdomen. At this stage in the
controversy, the manager appeared on
the scene and asked what the confu
sion was- The usher then stepped
aside asd the ladies went in the show
Mrs- Kerns testified that the manager
told them that if they went in they
did so at their peril. After staying
in the show a short timet, Mrs- Kerns
and Mrs- Haynes returned home and
as a result of the manhandling, Mrs
Kerns testified that she was confised
to bed for several days
Mrs- Haynes’ testimony was sub
stantially the same as Mrs- Kerns
Appeamg as wtness for Mrs- Kerns
were Dr. Herbert Wiggins, Dr- J
Palmer Finley, J. Harvey Kerns, Mrs
Earl Wheeler, Mrs- William Haynes,
and Wiliam Peebles
After the theatre manager put on
their witsesses. Judge Neble gave the
instructions to the jury. The jury
deliberated for about fifteen minutes,
and brought in a verdict for the de
fendant
Mrs- Kerns was represented by At
torneys Elmer E- Thomas and Elmer
Thomas Jr- The Brandeis Theatre
was represented by Attorneyl- J- Dunn
An appeal from th judgtment of the
Municipal Court was filed Thursday
The case will be heard in appeal in.
District Court
The Brandeis Theatre is owned by J
the Singer Omaha Corporator against j
whom the suit was brought- Also
named as defendant was William
the manager
interested spectors at the Kerns
and Haynes trials were Mrs- Rachel,
Taylor, executive secretary of the
North Side Y. W- C- A- , Dr- and Mrs
A- L- Hawkins, Mrs- J- W- Allen, Ser
geant Isaih Bailey, Mr- Toby James,
City inspector of weights and measure
Miss Delight Holliet, Educational sec
retary of the Central Y- W- C- A-,
Miss Dorotry Taylor, Mrs- J- D- Craw
ford, Mr- Lovejoy Crawford, Mr- Wm
Peebles, Rev- and Mrs- Rhone, Mr
'x Paul Holliday, Mrs- Lola McCallen,
Girl’s Work Secretary, Mrs- C- Man
ahester, Dr- Palmer Finley, Dr- Her
bert Wiggins, John Benning Horton,
Editor and owner of the Chronicle,
and Mr- and Mrs- Wn- Haynes
BRAN DEIS THEATRE . .
LOSES SUIT
Mrs- Wiliam G- Haynes, wife of
William Haynes, Chemist for the Un
ion Pacific Railroad, Friday in Muni
cipal Court was awarded damages of
one dollar in her suit against the
Singer Omaha Corporation, owners
and operators of the Brandeis thearte.
This action arose out of a contro
versy on March 22 between Mrs
Haynes, Mrs- Kerns, and the Thearte
Management in which Mrs- Haynes
and Mrs- Kerns were temporaily den
ied seats on the Main floor of the
auditorium of the theatre
Mrs- K ms b-ought suit losng her
case, while on the other hand, Mrs
Haynes won- Both actions arose out
of the same set cf circumstances
For full details read the article in this
issue dealing with Mrs- Kerns’ trial
NEGRO MINERS INJUR
ED IN ALABAMA STRIKE
Birmingham, Ala—(CNS)—Indust
rial turmoil in Alabama increased dur
ing the past week when more than
15,000 of the State’s 23,000 coal
miners many of them Negroes be
came idlers as the miners went on
strike. More than 3,500 men were
employes of the Tennessee Coal, Iron
and Railroad Company, which an
nounced its four “captive” coal mines
oxSonj oav). inwop ^nqs ojoav
miners had been injured in clashes
with the pickets at its Hamilton
shaft
The action of the Tennessee Com
pany made the total of ide miners
in the State more than 17,500, with
prospects that more workers might
join them.
Two Negro miners were njured at
the Hamilton mine of the Tennessee
company- One was charged with
firing a rifle above the heads of the
pickets who swarmed over the high
ways, preventing any except mainten
ance crews from entering the mine.
Tom Green, also colored, was club
bed by the pickets, who disarmed him.
Ralph W. Howell, president of the
Hamilton local, No-5795, of the U- M
W- A- .surrendered to deputy sheriff a
dirklike knife he said pickets took
from Green
Another Negro, Will Dancy, was
roughly handled by pickets within the
Hamilton camp. It is claimed the
miners of the Tennessee Company had
taken a “holiday” to force the same
wage scale as that prevailing in the
Illinois and Pennsylvania captive
mines of the United States Steel Cor
poration, of which the local company
is a subsidiary.
Appeal for President Roosevelt
to intervene in the controvrsy was
made by Governor B- M- Miller who
wired to the President from Mont
gomery, urging immediate action so
that men in Alabama can start to
work and business can get settled-”
Ninety Year Old Hemrit
Leaves Lodge $6,000.
Winfield, Kans-. —(CNS)—Janies
“Toby” Smith, an eccentric 90-year
old man who died here recently be
queathed $6,000 for the erection of a
Masonic lodge hall for the use of
Walnut Valley lodge.
He helped dig the foundation for
the Brittun hotel in 1880 and worked
at the hotel continously until last
fall when he was taken ill. He was
born in Columbus, Mo., where he
herded sheep for 20 years
DANCE SUCCESS
The most successful dnce entertain
ment in Omaha in many months was
given by the Omaha Waiter’s Associ
ation at the Dreamland Hall- Lloyd
Hunter’s orchestra furnished the
music
PUNISH GUILTY—DON’T HAM
STRING INNOCENT
Col. D. C- Jackling, whoo is re
sponsible for the production of more
copper than any living man; holoder
of th? most covet medals of the engin
■ cering and mining world and the Unit
ed States Distinguished Service Med
al; builder of towns and communities
in waste spaces, says in regard to
stock exchange control bill now before
Congress:
“Don’t scuttle the ship simply to
get rid of the rats.”
In an interview in the Salt Lake
Tribune, Mr. Jackling said: “This
legislation is actually designed to con
trol industry down to the very lowest
unit that uses the corporate form of
organization- The effect of this leg
islation will be harder on the little
fellow than on the big fellow.
“This is like scuttling the ship to
get rid of the rats
“The fundamental target at which
the proposed legislation is aimed is
the clamping of a federal, bureau
cratic halter on all industries, both
large and small
“In the legislation, as prooposed,
the regulation of security exchanges
is academic- The primary effect will
be to destroy the very foundation of
industrial securities-”
Mr- Jackling declares that the leg
islation would place control of all
jHusiness in a politically appointed
bureau without knowledge of business
and with its sole objective political
aggrandizement and perpetuation in
office
“Let’s get down to primary factors,”
he said- “This legislation means an
atempted destruction of the American
way of doing business—the method
which has made the United States
the greatest industrial nation, the
richest and happiest nation in the
world- That’s what the people ought
to think about-”
Mr- Jackling is a typical self-made
American business man- The pro
perities he heads employ thousands
of men and pay hundreds of thou
sands of dollars in taxes- It is just
possible he knows a little about the
subject of which he speaks
THE DEADLY GAS
When starting the spring and sum
mer driving pay particular attention
to the exhaust pipe on your car- Out
of that pipe comes a deadly gas gen
erated by the engine—carbon monox
ide- Unless the mechaism is in per
fect condition the gas may not be
carried out in to the open air where
it dissipates, but may leak up into
the car
Quantities 6f carbon monoxide are
present in three out of five motor
vehicles now moving on highways
Though the fumes are not concentrat-)
ed highly in the majority of vehicles,
they are sufficently strong in 7 per
cent, to cause collapse and greatly
to increase the probability of fatal
accidents and asphyxial deaths
Traffic experts have been analy
sing causes of highway accidents now
classified as “drove off roadway,”
“poor judgement,” or “inattention.”
They believe that in such cases dri
vers may have been dazed or overcome
by carbon monoxide.
Defects in exhaust facilities contri
bute to this hazard, says Albert W
Whitney, Associate Gen- Mgr- Na
tional Bureau of Casualty and Surety
Underwriters- Short or split ex
haust pipes, leaking flexible tubes,
defective manifold gaskets or leak
ing mufflers and connections, are
highly dangerous- Defective floor
boards, openings around pedals or
dash board, and poor engine efficiency
are contributory factors.
Motorists can control the hazard by
observing the following: 1. Stop en
gine in parked closed car, (especially
in garage), or ventilate freely- 2- In
spect car regularly and replace at
once defective manifold gaskets, part
icularly flexible exhaust tubes which
less exhaust pipes, or have seam fac
wear out rapidly- 3- Ventilate moving
vehicle from fron-t 4. Install seam
ing ground- Pipe should discharge
at rear side opposite driver- 5- Avoid
l foliowring too closely a car with smok
isnwqxo
EXPLORATION AT THE
TOP OF THE WORLD
By James A. Slaughter
j Naviator of the Byrd Artie Expedition
It is generally believed that Art.ih
explorers are a wreckless, adventur
ous, publicity seeking, group of in
dividuals- I have had the pleasure
and the priviledge of being acquaint
ed with and working with some of
the greatest explorers of our day, in
cluding Byrd, Amundsun, Elsworth,
Balkn, Bennett and many others that
have gained world renown for their
contributions to science by their self
sacrificing work in exploration of the
unbeaten and unexplored paths of the
world.
That belief is entirely erronous and
withont fact.
We explorers are never reckless, to
be so would be not only the height of
folly because we never would be able
to accomplish our purpose or reach
our objectives, besides in most cases
our very lives depend on careful, plan
ning and the precise exeoution of
these plans
We are adventurous but only when
there is a definite theory to be proven.
It is true exxplorers have a lot of
publicity, but I have never known of
an incident but that the explorer has
not tried to escape as much of it as
possible
In my humble opinon the real
Artie explorers are a group of individ
uals who believe honestly that we will
need all of the resources on this little
old globe on which we live and have
our being and that by providing that
get to these resources and can live
there to develope thm, the world will
have those hesources at its command
In m.y next article I wil take you by
word picture into the Artie
Dividends of $12,930,000 on capital
invested by shareholders in the Oc
cidental Building & Loan Association
have been delcared since the organi
zation was formed nearly forty-five
years ago, Kirk Griggs, president of
the Association, advised his boad of
directors at their regular meeting
Tuesday.
“During that time, the Association
has never misser its quarterly divi
dend, with the exception of a single
year, April 1930 to April 1931. This
is a record of 97 3-4 per cent service
to our shareholders,” said Mr- Giggs
The last quarterly dividend was de
clared by the board for the quarter
ending March 31, 1934
On June 12 the Occidental Building
& Loan Association will celebrate its
forty-fifth anniversary as a Nebras
ka corporation. In addition to its
dividends of approximately 13 million
dollars, it has an unmarked recor of
never having failed to pay out one
hundred per cent on investments, in
order of their filing.
“As we approach our firty-fifth
birthray, it is highly gratifying to
find business on the rapid up-swing-”
Griggs said
“We are lookiog forward to a re
turn to normal conditions at no dis
tant date.
“The past few years have not been
without some compensating benefits
through the knowledge we have gain
ed that safety of investment is
much more to be desired than an un
justifiably large return-”
The Occidental has no outstanding
debts exceptng current monthly bills,
he pointed out, explaining that “Our
stock outstanding is our sole liabili
ty, and our total assets are directly
back of our stock-”
THE C- C- C. NEWS
Rudy Gerron was shot in the fore
head with an empty machine gun
shell. . . . Hurlsig Russel is known
as the colored Russ Columbo, inging
in his high bass. . . . Joe Glover,
populad pug, has turned crooner also
.... Hurry Harper agrees that there
is no place like home. . . . Glover
Scott is sawing hair. . ... Emmett
James is still dreaming of Irene
PULLMAN PORTERS
UNION WINS TWO
BIG COURT CASES
Nev, \ ork, May 1—Pullman Porters
are jubilant over two big victories
won this week over the Pullman Com
pany by the Brotherhood Of Sleeping
Car Porters and are flecking into
headquarters at 207 West 140 Street
to discuss the matter with their of
ficials- According to Ashley L
the Brotherhood had been receiving
Totten, national secretary-treasurer,
numerous complaints of practices by
railroad and pullman dectives who beat
up porters upon mere suspicion of
losses on cars or on numerous charges
without the slightest evidence, and
plans were made by the organization
and its attorney to be on the alert
for the first case brought to their
attention to put a stop to these abuses.
On Monday April 9th- a pullman port
er, reported to Totten that while re
ceiving passengers at Penn Terminal
station on Pullman car K-21, train 135
operating between New York and
Whte Sulphur Springs, Va-, and about
5:30 p- m-, two passengers with tick
ets for lower berth 6 boarded his car,
left some packages in the berth and
walked back to the terminal explain
ing as they left that they would be
back before the train leaves- While
they were away, railroad detectives
John P- Ro'thline and Radding walk
ed in the car, charged him with haul
ing contraband liquor and carried him
in the pullman office where they pro
ceeded to intimidate and threaten him
Later he was taken before district
superintendent O- W. Sneddy who,
according to the usual method, told
him that he did not believe a word he
was saying in his own defense, and
failing to compell him to sign a state
ment accepting guilt, immediately dis
missed him from the service. When
Carter explained at Brotherhood head
quarters that Detective Rothline had
struck him on his head, Totten sent
him to Dr- Wilkerson, 220 West 139
Street for an examination and em
ployed the services of Joseph B
Chaitkin, 60 East 42nd Street, an
attorney for the Brotherhood who hail
the officials in court- The report of
Carter’s condition made by Dr- Wilk
erson and testimony of other witnesses
in the magistrate’s court at 9th St
and 6th Avenue before Judge Landan
resulted in Detective Rothline being
held for special sessions
and paroled in the custody of his at
torney while a civil suit is now pend
ing against the Pullman Company.
Porters Wife Wins Suit forBenefit
Simultaneously Totten received a let
ter from the State Insurance Depart
ment at Albany that the Prudentitl
Life Insurance Company is ordered
to pay the total death and disability
claim to the widow of Joseph M
Green, Pullman Porter deceased. Mrs
Green whose husband had been ill 18
months before he died reported to the
Brotherhood that the Pullman Com
pany had sent a white reuresentative
to her house and after demanding the
policy, refused to pay any benefit on
the ground that during his illness he
did not pay any premium- Totten
explains that the group nsurance plan
is compulsory and that the Pullman
Company draws $2-20 every month
out of the pay checks of porters to
pay the premum, so it is quite clear
that any long duration of illness rend-1
ers it impossible for the porter to
pay. Several attempts were made to
secure payment of the policy to no
avail, finally Totten reported the mat
ter to the State Insurance Departmen
at Albany on Janurary 27th and also
placed the case in the hnds of Joseph
1 B- Chaitkin, attorney for the Brother
hood -with results of complete victory
: for the widow of Mr- Green
Randolph Returns
A- Philip Randolph, National Pres
ident of the Brotherhood of Sleeping
Car Porters returned today from
Elizabeth City, N. C. —(CNS)—
President Emertius Dr- P. W. Moore,
of the State Normal school and
active head of the institution for
nearly a half century, died here last
week, aged 75 years.
‘LITTLE FELLOW’ AND
CONSUMER LOSE BY
CODES SAYS DARROW
—■ ■ _
Washington — (CNS) — Clarence
Darrow, chairman of the National
Recovery Review Board, set up by
Adminstrator Hugh S- Johnson, now
claims after two months’ examination
of the NRA, that the stmall business
man and the consumer are the losers
under the codes
The veteran Cheago attorney, who
has fought the battles of the under
dog for more than half a century,
declares that evidence already pre
sented to his board tends to prove the
contention of Senator Nye and others
that the big fellows have got control
of the code authorities and put up
prices to beat the band
The price of oil and gas and every
thing else has gone up,” he said- “Any
body knows that-”
Asked if his criticism of price
raising did not constitute a blanket
indictment of the whole recovery act,
the Chicagoan grinned and wrinkled
his nose in declaring;
“Never mind about that- Maybe it’s
true that falling prices were disastr
ous. But when you put ’em up the
way they’re going now, who’s going
to get the money to buy things.
JOINT COMMITTEE
SECRETARY LASHES
NEW DEAL PROGRAM
Washington — (CNS) —Declaring
that the only way to bring about
sound recovery for the nation was to,
make real and actual for Negro i
sharecroppers and Negro industrial i
workers the benefits provided by the
New Deal administration, John P-!
Davis, executive secretary of the
Joint Committee on National Re
covery, presented a brilliant array of
facts at an unofficial hearing before
a joint congressional committee in the
Senate Office building here Saturday
morning. The unofficial hearing was
presided over by Senator Costigan of
Colorado and Congressman William
P- Connery Jr. of Massachusetts,
chairman of the House of Labor com
mittee, was called ti> discuss the ef
fect of New Deal legislation on Am
erica's unemployment problem and
to consider the need for further leg
islation
A number of the leaders of both
houses of Congress were in attendance
as well as such nationally known
leaders as Dr. John Dewey of Colum
bia University, Benjamin Marsh of the
Peoples Lobby, Rabbi Sidney E- Gold
stein of the Joint Committee on Un
employment, and representatives of
liberal groups from all large indus
trial centers in the country. Follow
ing the hearings a luncheon was held
at the Cosmos Club, at which a na
tion-wide broadcast was made of the
facts presented at the hearing. Davis
attended the luncheon conference
One of the six witnesses chocen to
present unemployment conditions,
Davis pointed out that there had been
a complete breakdown in the recovery
program so far as Negroes are af
fected. “The whole group of recovery
meacures seem to have been so loosely
drawn as to allow benefits intended
to bring about recovery for Negroes
to slip out of their hands," he said
Continuing he outlined how the cotton
crop reductions program had oper
ated to give Negro farmers 40 per
cent less land froom which to earn
a living, while the government rental
price intended to be provided in com
pensation for the loss of this land,
had not gone to Negro sharecroppers
but had been stolen from them by
their white landlords
The witness created a sensation
when he read a report of conditions
•f Negro sharecroppers in Mississippi
Congressman Connery interrupted him
to say, “It is difficult to believe that
the conditions you have cited here can
exist in a civilized country- I would
think that cases of fraud, theft and
brutality which you have just brough
to us could have occurred only before
the Civil War-”
In response to questions from Con
gresman Connery, Senator Costigan
and Congressman Lundeen of Minne
sota. Davis vigorously lashed what he
FROST PUSHES
PLAY GROUND
Omaha’s dream of an ideal sight
for spring, summer and fall athletics
s about to be realized- Hitherto lack
ing the facilities, space and equipment
necessary for recreational games so
necessary in the development of citic
enship Negro Omaha has suffered ac
cordingly- Three men, Comlmission
er Frost, Attorney Frost and C- Hend
er, park department foreman, realis
ing the keen need have enthusiastical
ly plunged into plans for turning 22nd
and Paul into an athletic paradise.
These three men, keen sportsmen
and belivers in fair play are determin
ed Negro children shall have an ideal
play sight for all around recreation
and the development of physical, men
tal and moral characteristics. It will
be remembered, C- Hender, father of
Claude Hender, junior World Hearld
mirdlewieight boxing champion and
Technical High School all around
athlete, personally supervised the im
provement of the Mid City Center’s
gym. Mr- Hender will enthusiastical
ly supervise the building of the new
play sight with Commissioner Frost
providing materials. Attorney Froost
has attended to all necessary legal
procedure towards North Qpnaha’s
most important recreational projec
ton in years
Martin Thomas—Miid City Center
Collins Lee of the Park Dept
N. A. A. C. P. DEBATE
Don’t fail too hear the debate which
is being sponsored by the Education
al Committee of the N- A- A- C- P-,
May 10th at Pilgrim Baptist Church
The question is a vital one, and
which the committee is sure will inter
est you- It will be discussed, pro and
con to its ultimate analysis by astute
and competent debaters- Each de
bater has had experience in public
speaking accompanied by a glittering
scholastic record in the educational
institutions of Omaha and elsewherb
Those upholoing the affirmative of
the question are J- C- Harris, a grad
uate of South High Scholl, and Occar
D- Washington, a senior at Creighton
university. Those upholding the neg
ative of the question are Lloyd L- Lee,
a special student at Omaha Municipal
university, and Henry P- Thomas, a
graduate of the same institution
Incidently this debate brings toget
her as opposers, two of Omaha’s most
brilliant young Negro students in the
persons of Henry R- Thomas and
Oscar D- Washington- Both of these
students have outstanding records as
public speakers n and out of Omaha
and will do their best to win for his
side
The battle is on- Be there and win
with your side- Don’t forget the
place and time- 8 o’clock, at Pilgrim
Baptist Church. The debate is a de
cision debate- Prizes will be awarded
the winning team
termed the “callouc indifference” of
General Johnson to the problems of
Negro workers and the maladministra
tion practiced in the distribution of
relief funds under the Federal Emer
gency Relief Administration- He
pointed out that not only had the NRA
allowed vicious wage differentials to
discriminate against Negro workers,
but also that there had been “no hon
est attempt made to solve, what any
one is willing to be the most difficult
problem faced by the NRA; namely,
what to do about the insistence of
southern employers to pay Negro
workers less money-” He declared
that in the entire NRA mashinery
there was not a single Negro above
the rank of messenger, that there
was no one in the entire set up whose
duty it was to attempt to solve the
difficult problem. The witness in an
swer to Congressman Connery’s re
mark that perhaps organization of
Negroes to bargin collectively was
-needed, called attention to the fact
that Negro miners last week were
shot down in cold blood by Alabama
National Guardsmen when they at
tempted to exercise their right to col