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LARGEST ACCREDITED NEGRO NEWSPAPER WEST OF CHICAGO AND NORTH OF KANSAS CITY
Entered as 2nd class Matter at Postoffice, Omaha, N»*br., under Act of March 8,1874, Omaha, Nebraska, Saturday, January 13, 1940 Phone WE. 1517 Number 40_
Human Justice
and Fair Play...
V
EPISCOPAL CHURCH HONORS
MEMBER OF NEGRO RACE
Rct. J. Henry Brown, D. D.
The Episcopal Church has hon
ored a distinguished member of the
Negro race in its announcement to
day (January IB) of the appoint
ment of the Rev. John Henry
Brown, D. D., of Savannah, Georgia
to take charge of its Church Center
now being built, at Fort Valley, Ga.
Dr. Brown is at present in charge
of St. Augustine’s Church, Savan
nah, end is Archdeacon for Colored
Work in the Diocese of Georgia.
At Fort Valley the American
Church Institute for Negroes has
been for years operating a large
Normal and Industrial School,
which has recently been turned ov
er to the Educational Department
of the State. It will become a col
lege, and be the center of higher
education for Negro youth of the
entire State of Georgia.
MISSOURI COURT WRITES
“FINIS” TO LLOYI) CAINES
CASE
Columbia, Mo., Jan. (ANP) Finis
was written to the efforts of Lloyd
Gaines to enter the University of
Missouri as a law student, when the
case was dismissed last Monday in
Boone circuit court by Judge Wr. M.
Dinwiddie.
Gaines has been missing for ten
months and his attorneys, unable
to plead a case for a client they
can’t find, requested dismissal of
the suit. The case has been in the
courts for two years, the Boone
County Circuit court and the State
Supreme court both handing down
decisions denying Gaines admitt
ance to the University of Missouri.
On December 8, 1939, the U. S.
Supreme court ruled that the U. of
Missouri must either admit Gaines
or the state must provide “equal
educational facilities within the
state.” When Lincoln university,
with state funds, opened a law
school in St. Louis in the old Poro
building, Gaines’ lawyers filed an
other suit, contending that the Lin
coln school still failed to provide
him with “equal educational facili
ties.” It was this suit which last
week was dismissed.
REP CAP UNION OFFICIALS
PREPARE FOR $3,000,000 SUIT
AGAINST RAILROADS
Naming the International Broth
erhood of Red Caps as the collect
ing agency in one of the largest
SPEECH OF REPRESENTATIVE
HAMILTON FISH
In the House of Representatives,
Monday January 8, 1940 In Favor
of the Gavagan-Fish Anti-Lynch
ing Bill
“Every time a colored man or
woman is lynched or burned at the
stake in America it means that the
Emancipation Proclamation has
been suspended and that their civ
il and equal rights have been des
troyed under the law and the Con
stitution. I have few colored peo
ple in my own District, but I would
be derelict to those colored soldiers
who served under my command and
who paid the supreme sacrifice on
the battlefields of France fighting
to make the world safe for democ
racy if I did not raise my voice and
do everything in my power to help
pass a Federal Anti-Lynching Bill
in order to make America safe for
their own people, their families and
sons.”
“The primary and paramount
duty of Congress is to legislate to
safeguard the security and lives of
the American people, and is the rea
son for the existence of government
I have taken an oath of office to
support and defend the Constitu
tion, and believe I am defending it
when I am trying to protect human
lives in America, whether they are
white or whether they are colored.’’
HOT SPRINGS WINTER
SEASON OPENS
Hot Springs, Ark., Jan. (ANP)—
The new winter season in Hot
Springs, which opened Wednesday
promises to be the gayest in the
history of this nationally famous
health and pleasure resort. Re
quests for reservations are already
beginning to pour in at the Pyth
ian hotel and Bath house, the only
one in operation for Negroes.
The Pythian has been redecorat
ed and made ready for capacity
business. Outstanding business
and professional men who come an
nually, have already made reserva
tions. This list includes William
McDonald, banker of Fort Worth,
Texas; Judge Edward Henry, Phil
adelphia; Harry Wills of pugilistic
fame and Ed Small, king pin of the
night club group, both of New York
John T. Rhines and Tom Frazier,
leading Washington D. C., mortic
ians; Chas. Jackson, Jim Martin,
Julian Black, Charley Farrell, R.
A. Cole, all wealthy Chicago busi
ness men, and many others from all
sections of the country.
ATLANTA PRINCIPAL RECEIV
ES SILVER TROPHY
ATLANTA, Jan. (ANP) Charles
L. Harper, veteran educator and
principal of Booker T. Washington
High school, received a silver tro
phy from the 27 club at the Eman- '
cipation celebration held at Wheat
Street Baptist church Monday un
wage recovery suits in America,
employes of a Chicago terminal
signs on the dotted line in the Chi
cago office of the brotherhood. j
Reading from left to right: Clif
ford Hardin, Chaucer Alston, Ne
villa Love, Wyatt Houston, George ;
DEAN KELLY MILLER DIES
Noted Educator and Brilliant Edi
torial Writer Succumbs After
Illness of Ten Days—Howard
Faculty Professor 36 Years—
National Figure
by Ted Yates
(Calvin’s Service)
“He will be missed until the ink
on the world’s last press has
run dry—"
NEW YORK, (C) At Washing
ton, D. C., death paid a visit on Fri
day and one of the most brilliant
men of our time passed away after
an illness of ten days, He was to |
the nation, to his many friends in
the Fourth Estate Dean Kelly Mil
ler, noted educator and editorial
writer whose columns syndicated
in the Negro press were popular
and widely read. Dean Miller died
at his home, 2225 Fourth Street,
Northwest, at the age of 7*1.
Born in Winnsboro, S. C., a grad
uate of Howard University in 1886,
Dean Kelly Miller attended the
I Graduate School of Mathematics
and Physics. In Washington High
School, at the nation's capitol, Dean
Miller taught mathematics. In
1890 he joined the faculty at How
ard University where he was pro
fessor of Sociology from 1890 to
1926. Dean of the College of Arts
and Sciences, he received his A. M.
in 1901 and an L. D. in 1903 at
Howard where he had become a na
tional figure.
Failing eyesight did not prevent
this noted writer from contributing
his editorials, which were acknow
ledged as Grade A copy fry editors,
publishers and readers alike. A
successful eye operation, which
brought about the removal of cat
aracts, forced Dean Miller to write
his column by dictation.
der auspices of the local branch of
the NAACP. with T. M. Alexander
newly elected president, presiding.
Dr. W. R. Wilson, delivered the
main address stressing unity. The
building of the recently dedicated
athletic field which was named for
Mr. Harper was among the recent
achievements of the local educator.
CHICAGO HOSPITAL WINS
AWARD IN RADIOLOGY
CHICAGO, Jan. (ANP)— Dr.
John W. Lawlah, medical director
of Provident hospital and nation
ally known as a radiologist, will be
awarded a certificate in radiology
by the American Board of Radiolo
gy, it was learned this week. Dr.
Lawlah passed a special examina
tion held Atlanta on December 9th,
to win this honor.
The American Board of Radiolo
gy is the foremost organization in
this highly specialized field. It
was formed in 1932 by the union of
the radiology section of the Amer
ican Medical Association, the Am
erican Roentgen Ray society, the
Radiological Society of North Am
erica, the American College of Ra
diology and the American Radium
society.
The examining board tests and a
Charles, Lottie Kelley, office sec
retary; Gretora Hayes, secretary to
the president; Willard S. Townsend
president of the IBRC; John L.
Yancey secretary-treasurer and Er
nest Calloway, educational director.
HOSPITAL INSURANCE PLAN
PAYS $10,000 FOR MEMBER
SHIP CARE
Over $10,000 was paid to Omahas
registered hospitals from March 1,
1939, to December 1, 1939, for care
of members in the Associated Hos
pital Service of Nebraska, accord
ing to J. H. Pfeiffer, executive sec
retary. During the same period,
$1750 was paid to non-contracting
hospitals outside of Omaha. These
amounts represents a total of 2327
days of hospital care rendered to
members.
The Associated Hospital Service
of Nebraska is a non-profit hospit
al care insurance plan, supported
by Omaha’s registered hospitals.
Rev. H. E. Hess is president. Re
cently, it changed its name to the
Community Hospital Care Plan, for
the purpose of identifying it more
closely with the community.
The association will hold its first
annual meeting next Monday even
ing at 8 o’clock in the auditorium of
the Medical Arts Bldg. A large
percentage of the association’s 6141
members is expected to attend.
wards ceretificates to physicians |
who, by special training and exper
ience, have acquired a superior
knowledge and skill in the field of
radiology. Dr. Lawlah’s certific
ate will state that he has been qual
ified to practice radiology in all its
branches, including x-rays and ra- ;
dium.
Since completing post graduate
work at the University of Chicago
in 1933, Dr. Lawlah has been prac
ticing radiology a» n«»pecialty. Al
though he serves Provident as its
medical director, he continues to
practice radiology praticularly in
connection with the hospital’s can- ,
eer clinic which he heads.
Because of the rigid requirements
only a few certificates like that
won by Dr. Lawlah have been aw
arded by the American Board of
Radiology.
GIRLS CAN'T LEARN
AVIATION
WASHINGTON, Jan. (ANP) —
F'emale students, interested in av
iation, have not been accepted in
some of the Negro institutions au
thorized by the government to
teach aeronautics to colored stud
ents, largely because there have
been no facilities for their accom
modation and instruction at thp
fields.
In one large university, the girls
flocked to the class seeking admis
sion and wanted by all mean to reg
ister, but they were gently turned
away on account of the lack of ac
commodations for them and told
that when the accommodations
were available, female students
would be welcome. As the ruling
now stands, one tenth of the quota
at any school may be of the gentler
sex.
NATION WIDE FIGHT AGAINST
INFANTILE PARALYSIS
LAUNCHED LAST
WEEK
Douglas County’s campaign in
the Nation-wide fight against In-1
fantile Paralysis, was officially
launched last week with opening of
campaign headquarters at 1818
Farnam Street. J. R. O’Neal is
chairman of the county fund-rais
ing organization.
Plans for the local campaign to
be climaxed with celebration of the
President’s birthday next January
30th, as outlined by O’Neal, include
an Ice Tournament to be held at Ak
Sar Ben coliseum, with 15,000 Om
aha school children taking part and
a “Birthday Ball,” to be held sim
ultaneously at the Fontenelle Hotel
and the Elks Clubs.
A feature of the Ice Tournament
program will be a huge birthday
cake, 15 feet in diameter, which will
be wheeled into the middle of the
large indoor rink at Ak-Sar-Ben
and then as two bands blare “Hap
py Birthday” representatives of the
Texas Editor Warns
Against Getting On
‘Garner Bandwagon’
Signed for the Movies
KENNY WASHINGTON SIGNED
TO STAR IN MILLION DOLLAR
FILMS
Hollywood, Jan. (ANP) Marking
the first time a colored football ace
has ever been signed to star in pic
tures because of his fame, Kenny
Washington was placed under con
tract last Saturday by Million Dol
lar productions.
Harry M. Hopkins executive pro
ducer scooped another all colored
Omaha grade schools led by two
majorettes, will skate into the rink
from the four corners each bearing
an electric candle. The 58 candles
will then be placed on the cake
honoring President Roosevelt’s
58th birthday.
At a meeting of coaches of Crei
ghton and Omaha Universities, Fa
ther Flanagan’s Boys Home, the
four Omaha Parochial high schools
and the five public high schools
held with committee members at
headquarters last week a complete
calendar of events was mapped out.
There will be speed and relay races
for boys and girls and a special
“Co-ed” race with teams of boys
and girls competing against each
other.
It was decided only awards of
trophy cups and silver, bronze and
gold medals would be made in ord
er to assure the amateur standing
of the 15,000 Omaha high school
skating stars would not be endan
gered.
REVEALS LEGAL PRECEDENT
SET IN LOWE TRIAL
Pholospher’s Evidence Accepted
First Time in Mentality Tests
For the first time in the history
cast company that was angling for
the great all-American. Kenny
was represented by his uncle, Det
ective Lieutenant Roseoe Washing
ton.
Gladys Snyder “Miss Oxnard’’
rated as California’s most beauti
ful girl, was also signed as Kenny’s
leading lady. Leo. C. Popkin will
direct them, in a specially written
story now being prepared for early
production.
1 inwik ■
of Nebraska legal practice, the tes
timony of doctors of philosophy as
well as that of doctors of medicine
has been admitted as evidence in
determining the mental competence
of a defendant.
The incident occured when Dr.
W. H. Thompson, professor of phil
osophy of the University of Omaha
tstified in Disetrict Judge Sears'
court December 15 on the mental!
oge of Jeff Lowe, on trial for the
murder of Mrs. Abraham Schwacz
kin.
I
Evidence Based on Tests
Dr. Thompson pointed out yes
terday that previous cases depen
ded upon the testimony of an ali
enist, usually a doctor of medicine,
who told of the inabality of the de
fendant to distinguish between
right and wrong. The evidence,
he said, was usually competent but
not based on scientific tests.
In the Lowe case, he said, the
evidence was based on a series of
five tests observed by a roomful of
witnesses unseen by Lowe. Each
of the tests indicated Lowe had the
mental age of a child of 5 years and
11 months.
“The evidence was so conclusive”
Dr. Thompson said, “and the tests
so accurate that it is inconceivable
the mental age we determined for
Calls Vehicle a “Steam Roller
Against the Negro Franchise”
HOUSTON, Jan.(ANP) Bemoan
ing the fact that many Negroes of
the East, West and North might be
misled by campaign propaganda
proclaiming the “liberalism” of
Texas’ John Nance Garner, avowed
candidate for the Democratic pres
idential nomination, the editor of
the Houston Informer, in a recent
editorial warned that in Texas the
Democratic party is the State and
the State, the party.
Citing a case in point, the Infor
mer’s editor took issue with C. A.
Franklin, publisher of the Kansas
City Call, declared: “We’re astound
ed to see Mr. Franklin write that
Mr. Garner ’comes from Texas
where Negroes vote.’ Since when
did Negroes in Texas vote? “The
Informer’s editorial continues:
“Until we read Mr. Franklin’s
editorial, we never thought there
was any difference in effect or in
jury between the disfranchisement
practiced in Underwood’s Alabama
and that practiced in Garner’s Tex
as. We couldn’t see why Negroes
should refuse to support Under
wood for being an exponent of dis
franchisement in Alabama, where
they have the ‘Grandfather Clause’
and still find room for praise and
support of Garner, the champion of
the pernicious primary bar. But
now Mr. Franklin tells us blandly:
‘Other Southern Democrats
have been talked of for the presi
dency. Underwood of Alabama is
a notable example. But, good man
though he was, he came from a
state whose disfranchisement of
part of its citizenry was so patently
a violation of the spirit of the Con
stitution, that he was not accept
able in the East and North. Gamer
is more fortunate. He comes from
Texas, where Negroes vote.’ ”
Commenting on this Franklin
statement, the Informer said:
“Everybody who reads, knows
that under Mr. Garner’s primary
system, elections are determined in
the Democratic primary. If 500,000
people vote in the Democratic pri
mary, less than 100,000 vote in the
general election because they know
that the general election vote is
merely a gesture. In Texas, there
is no such thing as a two-party sys
tem. And Negroes, being barred
from the Democratic primary have
no effective vote.
“In Texas, the Democratic party
furnishes and controls the officials
of the state;; and the State is the
party, and the party is the State.
The Negroes of Texas are hoping
that disinterested Negroes through
out the country will not help to
crucify them by jumping on the
Garner bandwagon, which is a
steamroller against the Negro
franchise.”
Lowe is incorrect.”
Hope Precedent Set
He pointed out that when the
mental age of a defendant is deter
mined by these methods it becomes
unnecessary to rely upon the opin
ion of an alienist. In such cases
the alienist simply testifies that a
person of such mental age would be
unable to distinguish between right
and wrong.
Although at present Dr. Thomp
son is the only man in Nebraska
qualified to give such tests, both
Dr. Thompson and William N. Ja
mieson, attorney for Lowe, hope a
precedent has been established in
determining of mental competence
in criminal cases.