Bishop.Tohn A. Gregg To Speak at St. John, Sunday, May 26th ' .. --7T -- SWAWWW/AW Per Copy * "". ~ : ^~ ■ ■ • • ■ ■ ■ ■ rr i . . I m VOLUME IX OMAHA, NEBRASKA, SATURDAY, May 25th, 1935 NUMBER ELEVEN PORTERS TO VOTE FOR REPRESENTATION XXX XXX XXX XXX XXX XXX XXX Ala. Supreme Court Orders Indictments Quashed fT\ rr\ ■ - ■ ■ -i. . - . rr\ ELECTION CALLED BY MEDIATION A. PHILIP RANDOLPH National Election For Pullman Porters May TWENTY SEVENTH May 27th, or thereabouts, the National Mediation Board, which controls and regulates the railroads of the country, will cause to begin a national election to provide Pullman porters and maids an opportunity to vote for the organization they want to represent them in the negotations of agreements concerning rates of pay, and rules governing working conditions, according to A. Philip Ran dolph. National President of the Brotherhood of Sleeping Car Porters. According to the present schedule, worked out in Chicago, by Mediator H H. Reed, who has been assigned by the Board to to handle the election, the election will begin in New York, Chicago, St. Louis. Los Angeles, New Orleans and Jacksonville at the same time, beginning May 27th, says Mr. Randolph. The Pullman Company has a company union known as the Pullman Porters and Maids Protective Association, which will also be on the ballot and compete with the Brotherhood of Sleeping Car Porters for the right to represent the porters, states Randolph. The invocation of the services of the Board was made by Brotherhood which has resulted in the setting of the forthcoming election, when the Pullman Company refused to meet the Bro therhood in conference following the Brotherhood’s writing the Com pany requesting a conference last November, observes the porters' leader, Randolph. "When the election ends, the votes will be tabulated by the National Mediation Board and the organiztation which wins will be designated as the lawful agency for making and maintaining agree ments with the Pullman Company, concluded Mr. Randolph. Mr. Randolph left Tuesday for Chicago, where he will direct the campaign throughout the country to win the election for the Brotherhood. Red Perkins Rents The Peterson’s Apartment The ‘long talked of’ and the ‘wonder why’ has been answered. On May 22nd, Red Perkins, the famous orchestra leader, rented the Peterson Apartment, which has been vacant for quite a while. Health Department Closes Bar B-Q Eighteen years ago the late Mrs. Harvey Slaughter conceived the idea to open a barbeque hut. She and her husband selected the I northwest comer of 24th, and L Blondo Streets. For several years A that was the only place in Omaha V tchere one could buy a barbeque • sandwich, and it became famous •among Omaha’s worthy citizens. ^^_^henMr. Slaughter went to Chicago, he sold out to Mrs. Edna Mitchell, who has been operating it ever sinee. She reports to The Omaha Guide that the State Health De partment has ordered her to close because of the lack of sew ages and sanitary conditions. Mrs. Mitchell is moving her place to 2011 N. 24th, Street. — DANCE REVUE TO BE PRESENTED MONDAY NIGHT. MAY 27th, AT DREAMLAND HALL A snappy chorus, a rhythmic tango, a graceful waltz, a well drilled mili tary tap and many other interesting dances, solos and choruses are in cluded in the Revue that the Girl Re serves of the North Side Y. W. C A. are presenting on Monday night, May 27th, at Dreamland Hall. This is a benefit show to raise funds to send a representative to the Girl Reserve Conference at Wetomachek, 1 Wisconsin. Miss Dorothy Beck, general chair A. Philip Randolph to Fight for Victory of Brotherhood Sleeping Car Porters to Choose Organization. May 23, 1935 Special to the Editor, Omaha Guide, Omaha, Nebraska Dear Editor: On the 27th of May, or a few days after, the Pullman porters, by order of the National Mediation Board, will be given an opportunity to vote in a national election for the organization they want. This is the first time that. Negro workers have had the opportunity to vote as a national group in an elec tion under federal supervision, for their economic rights. It is an ex traordinary occasion. It is the result of 10 years of militant, determined and courageous fighting by a small band of black workers against one of the most powerful corporations in the world. It may be interesting for you to know that on the Pullman Board of Directors sit J. P. Morgan, B. K. Mellon, Alfred P. Sloan, George F. Baker, Harold S. Vanderbilt, George Whitney and others. These men rule Wall Street, America and practically the world of Capitalist finance and in dustry And yet the Brotherhood of Sleeping Car Porters has, in the face of nameless opposition and terror, stood its ground through one of the worst depressions ever witnessed in y( Continued on Page 2) man, has worked very hard to present an intertaining as well as attractive revue. She has been assisted by Misses Rowena Jones, Marjorie Bold ■ en, Lorraine Fletcher and Margaret Dickerson. Miss Ethel Cole made at tractive posters and many others; have donated materials and services j to make the show a success. Those working on patrons’ lists in clude Mrs. Lois Goode, Girls’ Work ! Committee Chairman, Mrs. Louellian Waites, Mrs. Rose LaCour and Mrs. J. L. Jewell. 3 JUSTICES FOR HERNDON Dissenting Opinion by Justices Brandeis, Car dozo and Stone. Washington. May 23.—The United States Supreme Court re fused today—by a vote of 6 to 3— to set aside the conviction of An gelo Herndon, heroic 20-vear-old Negro, who faces a sentence of 18 to 20 years on a Georgia chain gang on a charge of ‘‘insurrec tion.’’ The opinion was read by Justice George Sutherland. Justices Louis D. Brandeis, Harlan F. Stone and Benjamin N. Cardozo dissented from the majority opinion. Basic Issues Evaded Evading the basic issues of the case, namely, the right to organ ize their majority opinion declin I ed to review the merits of the ap peal, declamg that the defense did not properly preserve the federal questions involved,” in other words, that the court had no jurisdiction. The court did not go into the legality of Herdon’s conviction. The details of questions to be raised in the petition will be worked out by the attorneys after they have had opportunity to ex amine the opinion of the court ■[and the dissenting opinion of the SPEAKS AT ST. JOHN CHURCH BISHOP jo: Bishop John A. Gregg, presid ing bishop of the fifth Episcopa lian District of the Kansas-Ne braska Conference, will be at St. John’s A. M. E. Chtirch daring 3N A. GREGG the week end of Friday. May 24th. He will be the honored guest at a banquet on Friday evening. May 24th, and will deliver the sermon Sunday, May 26th. three judges who did not concur. • . .. Organized for Relief _ Herndon, in the face of the most vicious prejudice against the Ne gro people, organized Negro and white workers in a fight for re lief in Atlanta where thousands were starving as a result of un employment. For this he was ar rested on an old Civil War code, placed on trial for his life, and convicted by a “lilly white” jury. He was sentenced to serve 18 to 20 years on a chain gang— a sentence which meant virtual death to the frail young Negro. The opinion of the Supreme Court confined itself to the most obscurantist discussion of the legal aspects involved, completely evad ing the burning issues of the case; Herndon’s heroic leadership of the relief fighL in Atlanta, the discrimination against Negro jur ors, the rating, lynching-ineiting speeches of the prosecutor, the elementary rights of the workers. J. Harvey Kerns to Resign in June J. Harvey Kerns, whose resigna tion as Executive Secretary of the Omaha Urban League-Com munity Center, was tendered to the board in JanJuary, will leave the local organization July 1st. Mr. Kerns came to Omaha in 1928 from Milwaukee, Wisconsin, where he held a similar position for six years with the Milwaukee Urban League. He was the first executive of the local Urban Lea gue and developed it to the place of one of the foremost branches in the country. When the Urban League and the Mid-City Community Center merged, he became executive of the two organizations, known now as the Urban League Community Center of Omaha. Mr. Bernard E. Squires, former boys’ work secretary in the Cedar Avenue branch of the Cleveland Y. M. C. A., and at present, di rector of boys’ and young mens’ activities of the Phyllis Wheatly House, Minneapolis, Minnesota, will succeed Mr. Kerns. Mr. Squires will arrive in Omaha June 1st. and will assume active charge June 15th. While it i§ not known where Mr. Kerns will go, it is reported he is scheduled for an adminis trative position with the Federal government. He will leave Oma ha the latter part of June on a tour ineludnig Cleveland. Wash ington, New York and Hartford. Negro Press Supports Anti-Lynch Bill To the Editor of Omaha Guide:— May I take this means of express ing to you the hearty thanks of the N. A A C. P. and of the organiza tions which have cooperated with it in the fight for passage of the Costigan Wagner Anti-Lynching Bill? With out a single exception there has been unstinted and generous support by the Negro Press; without such support the fight could never have been made so effective as it has become. We are very grateful to you and your readers. May I also take this occasion to correct a misunderstanding which seme people have regarding the pres ent status of the bill? Passage of a motion to adjourn on May 1st does NOT mean that the bill is dead—it simply means that the bill lost its po sition as the pending business of the Senate. The Costigan-Wagner Bill is still on the Senate calendar, and the motion to consider it may be renewed by its sponsors upon the completion of de bate upon any bill which may come before the Congress between now and adjournment. I wish to assure your readers that this will be done, and if we continue to have your support, as I know we shall, even more will be heard about the Costigan-Wagner Bill in the future than in the past. We have just begun the fight! Ever sincerely, Walter White, Secretary —...... PATTERSON-NORRIS HELD ON WARRANTS —-( Appointed to Police Force Ray Gustin. 2517 Maple Street, was appointed to the Omaha Po lice Department and started work "Wednesday morning. May 22nd. Commissioner Myers and In spector Samardick are due con gratulations on their appointment of Mr. Gustin. Mr. Gus.in gained high honors in the examination and was rewarded with a position on the force. He is a graduate of Cen'ral High Sehool. Mr. Gus in has a very promising future. N. A. A. C. P. to Meet Sunday at Pilgrim The local braneh N. A. A. C. P. j • will hold a meeting Sunday after noon. May 26th. at Pilgrim Bap tist Church. 25.h and Hamilton Streets, at 3:30. The public is in vited to attend. Communist Create Police Court Dispute _ Five workers arrested last Fri i day when the police department of Omaha prevented a demonstra tion in front of the City Hall, they were kept in jail the week end by Chief of Police Samar dick, who refused to reeognize the ! release order of Judge Holmes on , the pretext that the order was made out by hand, instead of on the regular printed forms. The judge, a Republican, cited the democratic chief for contempt of court, apparently in an attempt to utilize for political purposes the widespread resentment of the workers of Omaha against the strikebreaking role of the police department in the present street ear strike. The demonstrtaion Friday had been called by the Communist Harty to protest against the city government’s ban on all picketing, open-air meet ings or demonstrations for the duration of the strike, which has remained solid after one month. Included in those arrested are Bud Reynolds, district organizer, William Collins, organizer of the northside unemployed council, Mary Young, Robert Pike, and Dan Evanoff. They are now out on bond, awaiting trial on Wed nesday on charges of vagrancy, distributing leaflets, and disturb ing the peace. As par tof the city govem (Continued on Page 2) MIX-UP STORY A FRAME UP Bessemer, Ala—(CNA)—A lynch mob was festering here last Tuesday, May 7, as police and local mine au thorities picked an other victim for an “attack” frame-up. Walter E. Brown, 23-year-old youth, was removed to Jefferson coun- j ty jail for “safe keeping” after his voice was “recognized” by a white wo man who described a lurid roadside night attack. The whitewoman, Lucille Bailey, and her escort. Gavin Howton, told a mixed-up story about a flat tire, a i lonely country road and a late hour. The man said he had been struck over the head by a “Negro who stepped from behind a tree and attempted to assault the girl.” Neither of the pair could give a description other than “The dark form of a Negro”. However, this was sufficient evi dence for a police posse who arrested Walter Brown at his home early the following morning- The pair’s sole identification took the form of “voice recognition”. Brown is being held in the county jail, charged with assault of Howard and attempted assault of the woman. The frame-up follows a series of mili tant labor struggles in Messemer in which Negro and white miners joined together to fight for better conditions. ?Seek Wnt of Mandamus to Force Date For New Hearing New False Warrants Hold all Bovs as Alabama Proceeds With Plans For New Leg-al Lynch Trials. Montgomery, Ala.—Acting on the mandate of the United States Suprem” Court, handed down on April 1, the Alabama State Supreme Court yester day ordered the ind.ctments against both Haywood Patterson and Clarence Norris, Seottsboro defendants, quash ed Although no indictments now exist against Patterson and Norris, they were ordered held for further pro ceedings on the basis of new false warrants sworn out at Seottsboro by Victoria Price The indictments still stand against five of the boys, while Roy Wright and Eugene Williams, the two young est boys, are await.ng hearing before the juvenile court. In the last two mentioned cases, the International Labor Defense has been pressing for the setting of a date for the hearing, which will have all the character of a trial. Unless a date is set within the next few days, the I. L. D. has announced, it will seek a writ of man damus to force Probate Judge B. L Malone, of Decatur, Ala-, to set such a date. Strong intimation that a special term of the grand jury at Scottsboro will be called to bring new indictments against all the boys—which move would be preceded by quashing in the circuit court of the remaining five in dictments—has been given by the au thorities there. The next regular term of the grand jury is not until fall. The present action of the state su preme court follows upon the decision of the United States Supreme Court, handed down April 1, that the indict ments and convictions were illegally obtained, before grand and petit jur ies from which Negroes were syste matically excluded. Under Alabama law, Clarence Nor ris and Haywood Patterson must now be moved from the death cells they have occupied for more than a year in Kilby Prison here, to Jefferson coun (Continued on Page 2) Alabama Judge Prosecutes Negro; Innocence is Proven Birmingham, Ala. (CNA) — Negro hating Judge J. Q. Smith again dis played his viciousness in the case of Robert Stewart, a worker charged with second degree murder because of an accident which witnesses declared was not his fault. Stewart was driving an automobile which was involved in an automobile street car collision which resulted in the death of two children The parents of the children them selves went into Judge Smith’s court to aver the worker’s innocence and to declare that they wished to press no charge against him. Despite This, Judge Smith insisted upon prosecut ing Stewart—his sole “concession” taking the form of permitting the charge to be altered from FIRST DE GREE MURDER to manslaughter. Judge Smith has won a wide reputa tion, even among Southern jurists, for his prejudiced decisions against Ne groes in his court-room.