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CHILD* BEVJEU3PMENT AND
TAMlLV BACKGROUND.
UTHfiCAC* OF 'AMPRltA AV^V ^«P
WHO IS AT emu SAVM6 iNSTrmE. j^^^
File Appeal In Case
Vs. Texas Law School
On Ocober 1. NAACP attorneys
for Neman Marion Sweatt filed their
brief on appeal in the case against
the University of Texas; in which
Sweatt is seeking entrance to the law
school.
The brief for Sweatt in the Court of
Civil Appeals is based on three main
points: (1) there i» no rational basis
for racial classification for school pur
poses; (2) public schools, "separate
but equal” in theory are in fact and
in practical administration consisten
ly unequal and discriminatory; (31 it
is impossible to have the equality re
quired by the Fourteenth Amendment
in a public school system which re
legates citizens of a disadvantaged
racial minority group to separate
■schools
The brief contains not only legal
authorities but a carefully assembled
group of recognized authorities as re
corded in scientific journals, both
legal, sociological and economic, and h
concludes that:
"Appellant has conclusively proved
that the right to equal protection
guaranteed him under tho Fourteenth
Amendment can only be secured by
his admission forthwith to the Univer
sity of Texas school of law. It has
been clearly established herein both
by appellant and by appellees that the
‘equal but separate’ doctrine in which
the constitutional and statutory re*
quirements for segregated schools ia
Texas are based is an invalid hypo
thesis. This record demonstrates that
one cannot recognize the requirement
for segregated schools in Texas are
based is an invalid hypothesis. This
record demonstrates that one cannot
Tecognize the requirement of equal
treatment as a valid principle and
simultaneously defend the practice of
racial segregation.
fundamental to our American tra
dition is the belief in individual,
racial and religious equality. This be
lief has been embodied in our consti
tutions, enacted into our statutes and
carefully protected and preserved in
our cou< decisions. Texas and other
southern states have attempted to per
petuate a segregated system. They
have rejected the fundamental pre
mise of equity and in reality be
lieve that Negroes hold and must nec
essarily retain a Status 'inferior to
whites. This rejection of a concept
considered basic to our system is
given legal status by a theory which
purports to be founded upon the pre
mise equality. A choice must be
made between Biese two conflicting
concepts. Our Constitution and laws
make clear that only one choice can
be made.”
On May 16, 1946, atjomeyst for
Sweatt filed application for writ of
mandamus in the district court of
TraviE county, Texas, for admission
to the school of law of the University
of Texas, alleging that he had been
refused solely because of race or
color. On June 36, 1946, the district
court entered an order that the Uni
versity of Texas in refusing to adm:i
Sweatt had violated the Constitution
of the United States but gave the
state six months to either set up it
separate but equal law school or *o
admit Sweatt to the University of Tex
as. On December 17, 1946, the district
You’ve
» Never Seen
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Like ItS
★
NOV.
■ 3 to 8
’ OMAHA CITY AUDITORIUM •
A . .
court denied the petition tor writ »
mandamus on ihe grounds that the
State of Texas proposed to set up a
law school in February of 1947.
This judgment was appealed in the
Court of Civil Appeals of Texas and
on March 26 of this year that Court
reversed the judgment of the trial
court and remanded the case for fur-'
thex proceedings. In May of this year,
a full trial was held in the district
court in Austin, Texas, at which time
the lawyers for Sweatt began a direct
wattack against the legality of the
segregation statutes of Texas. For the
first time in any case, experts testi
mony was produced to demonstrate
that segregation in public schools had
no scientific basis and that segregation
itself was illegal as a denial of the
| equal protection of the laws. Dr. Earl
I G. Harrison, dean of the law school
of the University of Pennsylvania, Dr.
Robert Redfield, head of the depart
ment of Anthropology of the Univer-'
sity of Chicago, Dr. Charles H. Thoni
■ pson, dean of the graduate school of
Howard University, and Professor
i Malcolm P. Sharp of the law school
' ef the University of Chicago, all testi- ,
fied that it was impossible to get an
equal education in a segregated law
school, no matter bow equal facilities
appeared to be because segregation
itself brought about inequality. Dr.
Thompson produced figures from Tex
as and the other southern states &how
; ing that from elementary through pro.
i fessional schools there was no «om
. blanee of equality in any of the seg
regated systems.
The elate of Texas in defending >is
action relied solely upon the segre
gation statutes of Texas and the fact
that the state of Texas had establish
ed three and one-half million dollars
for a Negro university to be construct
ed. They also conteaded that the pro
vision for the Negro law school in »h*
basement of & small building in Austin
would give to NegToes the same, or
even bettar, education than that of
the great University of Texas.
The NAACP brief was prepared by
the legal staff and research depart
ment, which have been working for
the past two years on assembling jati
for an all-out attack against the seg
regation statutes prevalent in th»
South. The attorneys representi
Sweatt in this brief are W. J. Dur
ham, member of uor national lega
committee in Texas and Special Coir
sel Thurgood Marshall, ?
J. M. Nabrit, of Washington, D. C.
C B. Bunkley, Jr., of Dallas, Texas
H. M. Bellinger, of Austin, Texas, an'
Robert L. Carter of New York.
TEN FACULTY AND STAFF
CHANGES ANNOUNCED AT
MOREHOUSE COLLEGE
ATLANTA, Georgia,—At the open
ing of the new academic year, Presi
dent Benjamin E. Mays announced
the following faculty and staff ap
pointments at Morehouse College:
Dr. Warren E. Henry, B. S., Tuske
gee Institute, M. S., Atlanta Univer
sity, and Ph. D., University of Chi
cago, as director of the Physics pro
gram, co-spored by Morehouse and
Clark Colleges. In Mathematics, Miss
Gladys N. Hurt, B. S., Tennessee A.
and I. State College, and M. S., At
lanta University; in Biology, Mr. Lan
dry E. Bnrgess, B. S., Morehouse Col
lege, M. S, Atlanta University, and
a candidate for the Ph. D. degree
at the University of Iowa; in French
Mr. Paul M. Richiez, Baccalaureate
es Lettres. Baccalureate es Sciences,
and a Diplome d’ Ingenieur Civil,
from the University of Haiti; and in
Religious Education, Mr. G. Murray
Branch, B. S., Virginia Union Univer
sity, B. D., Andover Newton Theo
logical School, and M. A., Drew Uni
1 versity.
Appointed to the Personnel Depart
ment is Mr. Dellie L. Boger, A. B.
Howard University and M. A., Mc
Gill University; and to the Depart
ment of Physical Education, Mr.
James E. Haines, former football and
ILLINOIS JACQUET AND
COMBOS ON TOUR
—
NEW YORK—Illinois Jacquet, the
youthful “Dynamo Of The Saxophone’,
and his high-flying Sextette will con
tinue their barnstorming tour through
out the east and middle west, with
bookings already set past the first of
the year.
During the rest of the month of
September, the exciting instrumental
ist and his crew wil play a series
of midwfcetern one-night Wands in
Ohio, Indiana and western Pennsyl
vania and then return east on October
3 to open a two-week date at the Club
Bali, Washington, D. C. The Club
Bali date will mark Jacquet’s ninth
engagement in the nation’s eapitol
since the first of the year.hehaving
previously played a week at the Ho
ward Theater, two weekend stands
at the Music Hall Ballroom where he
holds the all-time attendance record,
four different one-night stands at Tur
ner's Arena and the Colonnades, and
a previous engagement at the Club ;
Bali early in the summer.
The high spot of Jacquet’s tour will
find him taking to the stage of the
Adams Theater in Newark, N. J., the
week beginning December 4 in his
first booking at a leading white thea
ter. The reaction to Jacquet’s appear
ance at the Adams will be scrutinized
closely by theater bookers, and a suc
cessful showing by the frantic tenor
I man will unquestionably lead to a
number of important theater bookings
! for him next year.
Also set for Jacqnet are bookings at
the Paradise Theater in Detroit the
week of October 31, to be followed
| by dates at the Regal in Chicago, the
Royal in Baltimore and the Howard
i in Washington. The mighty mite of
1 the tenor sax is also slated for his
third appearance of 1947 at the 125th
Street Apollo Theater in New York
the week of December 26.
NEW LEADING MAN
FOR BETTE DAVIS
Bl RBANK, Calif.—James Davis has
been signed to a long-term acting con
tract by Warner Bros, studios and
will play the leading role opposite
Bette Davis in “Winter Meeting.”
Once an oil company salesman,
Davis began his screen career in 1941.
He served with the Coast Guard dur- '
ing the war and came back to films as
the heavy in “The Romance of Rosy
Ridge.”
Actar, who is 6 feet 3 inches tall,'
was signed as a result sf a series of
tests he made for the Bette Davis
picture.
BORIS KARLOFF JOINS FIGHT
FOR RACE EQUALITY
V ___
CHICAGO — Horror an Boris Kar
loff, darker-skinned than most colored
men, reveals some of his own experi
ences with racial 'discrimination in
October Negro Digest and details the
plan he has laid for the Screen Acton
Guild fight for race equality in Holly
wood.
“I am a guest in this country and
cannot criticize my host,” Karloff, who
is an English citizen, says in the Negro
Digset piece which was written by '
Robert Ellis. “I was never exposed to
anti-Negro feeling in England or in
Canada. In the states, too, my own
^relations with Negroes have alway
been of the friendliest.”
He and Negro screen star Louise
Beavers are memberts of the same
GuiSd :boar<^ Karloff explains. He
also insisted that Canada Lee who
was playing the lead in a Theater
Guild broadcast of “Emperor Jones”
get top billing over him.“After all,”
Karloff smiles, “Lee was playing the
lead and I had a small part.”
A member of the Screen Guild
committee to fight prejudice against
Negro actors, Karloff says:
“It is quite a problem. Our job Is
to get more work for Negroes in films.
And if we insist that producers write
roles for Negroes according to cer
tain patterns, they may well leave out
Negro roles altogether.
“However, what we plan U> do is
fight for the inclusion of Negroes in
all crowd scenes. We plan to insist
that in all scenes at least ten per cent
of the characters be Negroes moving
about ordinary business the same as
other people.”
track star, who earned the A. B., de
gree at Morehouse College.
New on the secretarial staff are
Miss Dora E. McDonald, B. S., in
Business Administration from South
Carolnia College, who is in the Presi
dent’s Qfficq, and Miss Mabel J.
Grays, B. S. Alcorn A. and M. Col
lege, who has joined the staff of the
Dean's Office. As superintendent of
Buildings and Grounds, the College
has employed Mr. Clinton E. Warn
er, B. S-, Argansas State College.
The College has welcomed the re
turn of Dean B. R. Brazeal, who was
on leave during the second semester
of 1916-1947 to write a history of
the F. E. P. C., a project sponsored
by the Julius Rosenwald Fund.
Miss Evelyn W. Moore, a member
| of the French Department, has been
granted a year’s leave of absennce
to work towards the Ph. D. degree
at Columbia University.
nv at tv wining
The weerlng'of something blue at
the wedding was ancient Israelite
eustom which suggested a blue rib
bon for the brltoe—blue-being the col
or of purity, love and tdelity.
"HMPH, THESE FOREIGNERS - MY ANCESTORS
CAME OVER ON THE MAYFLOWER"^
I
Ciii/wy M«t« (9f AmtrUon Ptawowy. ht
HENRY WALLACE ADRESSES
1,600 PEOPLE AT RALLY
TRENTON, N. J.—Henry A. Wall
ace, Paul Robeson and Dr. Frank
Kingdon made a one-day -swing
through New Je.sey last Saturday.
They told cheering throngs in Tren
ton, Deal and Camden that “the Tru
man administration has joined forces
with the reactionary Republican party
in an all-out drive for war”, and
that unless this course is changed,
“Americans must create a party for
peace and prosperity.”
Former Vice-President Wallace told
1,600 people are being morning rally
in Trenton’s War Memorial that “the
people are being subjected to a ter
rorizing drive—they have no outlet
for expression.” We all must work to
gether, Wallace urged, to defeat the
“readtiangJry Wa'-j Street capitalists
who are trying to run the world.”
Robeson, in an impassiorfed ad
dress to the Trenton gathering, said
that today, Negroes are faced with a
great chi^ce—-“Whidh1 side we are
_ ON
on:
“My faher,” he said, “was born in j
slavery, and it was natural for him'
to think of the Repubilcans as the
traditional part of freedom. My own
education, in nearby Princeton, was
financed by a rich white man.
“We used to depend on these
crumbs from the wealthy Republic
ans. But that time is gsne, and gone
forever. Any leader v^k> still does
this betrays not only the Negroes,
but all the American people. I tell
my son that be most fight for his
rights.
“Today, we most find our alliee in
the ranks of labor, the unions and
among the other oppressed groups in
American.”
After the Trenton meeting, Wall
ace, Robeson and radio commentator
Kjngdon conferred brritfly with Al
bertEinstein at the noted scientist’*j
Princeton home.
For Robeson, the Trenton appear- j
ance was something of a homecom
ing. Son of a minister, the great sing
«r was born in Princeton, and later
won top scholastic honors at Rutgers
University, where he was one the
first Negroes to be admitted.
At later meet bigs, Wallace warned
the people that “any world war we
might become involved in, we are
in danger of losing, because we would
not be upholding the rights of op
pressed people throughout the world.”
Dr. Kingdon, on the platform at
the Camden rally Saturday night, was
drafted to run for the U. S. Senate
because “he 'speaks! v | h Wallace
for the program of our great depart
ed leader, Franklin Roosevelt.”
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■ i
ANN PETRY FEATURED IN
SPECIAL ISSUE “OPPORTUNITY"
What happens to race relations when
a Negro and a white woman, both
dead and buried in 1902, emerge from
an exclusive Boston graveyard forty
five years later?
Ann Petry, celebrated writer whose
first novel “The Street”, a best seller,
continues to merit wide dishcussion,
gives an unusual answer to this ques
tion in a short story “The Bones of
Louella Brown appearing in the 25th
Anniversary Issue just o|f the press-.
This magazine is the official publi
cation of the National Urbgn League,
1133 Broadway, New York 10, New
York.
“The Bones of Louella Brown’’ is
one of the most singular pieces of
creative writing to come to Opport
unity's attention for a long time, the
editors state. The completely unex
pected twist which Miss Petry gives
her story adds to the suspense; and
tension ja broken with an ending
which catches the header Unaware.
“The Bones of Louella Brown” adds
a welcomed comieal note to the other
wise serious business of the work
to wipe eu* racial prejudices
To produce thiis story for the an
niversary issue of Opportunity, ending
the twenty-five yea res of continous
publication, Mias Petry took time out
from wriyk on | bef |a}est JuoveL
“Country Place”, which has just been
published by Houghton Mifflin.
Alberta Thomas, well-known Seattle,
Washington writer, shares honor* with
Ann Petry with aa compelling true
story “Oold Is Where Yon Find It”.
ACQUITTED ON RAPE CHARGE
CAHTTANOOGA, Tenn. —A brilli
ant victory for the NAACP was chalk
ed up by Attorney Maurice M. Wea
ver when he secured the acquittal of
Theodore Butts on charges of attempt
ed rape September 26.
Butts had been accused by a white
woman of attacking her on dark night
on a deserted street Weaver had se
cured a new trial after a first trial
had resalted in a conviction of Butts,
and cn the new trial Weaver’s brilli
ant examination of the prosecution's
witnesses broke down their identifica
tion of the defendant.
Weaver will be remembered for his
participation in the Columbia, Tenn
essee, case where he together with
other NAACP lawyers secured the ac
■ quittal of defendants charged with at
tempted murder.
Taverns Do
Autumn House
Cleaning, Too
Many Nebraska taverns are
doing a commendable job of
Paint-Up and Clean-Up this
autumn. Now that building
ntaterials and repair supplies
are more plentiful, many tav
erns are being improved and
renovated.
Most Nebraska taverns take
pride in operating in an orderly
manner, avoiding practices,
conduct or conditions that are
not pleasing to the general
public.
Where taverns are foundto be
unattractive and where viola
tions of the law or the rules of
good conduct are noted, the
Nebraska Committee — now
in its 10th year of effective
operation — is quick to make
suggestions for improvement.
The Committee welcomes
suggestions from citizens with
a view to assisting state or local
governing bodies in connection
with the sale of beer.
NEBRASKA COMMITTEE
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