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Ky. Court
Ruling
Appealed
Frankfort, Ky., December 9—
Attorneys for Carl Braden today
filed their brief in the Kentucky
Court of Appeals challenging his
conviction under the Kentucky
sedition law. In pressing the
attack on the law, Braden’s at
torneys said that the main is
sue in the case was the prob
lem of desegregation and not
sedition.
“The defendant has been in
dicted and convicted not because
he attacked the Constitution but
because he tried to give mean
ing to the equalitarian principles
which it embodies,’’ the brief
declared.
It points out that Braden was
given 15 years in prison after
he and his wife helped a Negro
couple, Mr. and Mrs. Andrew
Wade IV, to buy a home i n
Louisville suburb where no Ne
groes had lived before. The
house was dynamited in June,
1954, and a grand jury indicated
Braden, his wife, and five other
white persons who had helped
the Wades.
The brief was filed by Louis
Lusky, designated by the Ameri
can Civil Liberties Union to rep
resent Braden on appeal, and
Robert W. Zollinger, who was
Braden’s chief counsel at his
trial in Criminal Court at Louis
ville last December. Both at
torneys are of Louisville.
Commenting on the filing of
the brief, Patrick Murphy Malin,
the ACLU’s executive director in
New York City, stated that the
ACLU had “asked Lusky to ser
ve as co-counsel on appeal be
cause of its strong belief that
important questions of free
speech and due process are
raised in test of the state
sedition statute."
The attorneys emphasize the
absence of any proof that-Bra
den personally advafatefymdfc
tion, pointing out that the trial
judge withdrew this Charge from
the jury’s consideration because
there was no evidence to sup
port it The only questions sub
mitted to the jury were wheth
er Braden had had contact with
seditious organizations or had
possessed seditious books.
The brief contends that it was
unconstitutional to let the jury
find Braden guilty without proof
of wrongful purpose on his part.
It says the state and federal
constitutions “forbid the imputa
tion of guilt by association. A
man can be punished only for
his own misdeeds.”
Lusky and Zollinger object to
the admission of evidence of the
house purchase, which they said
had nothing to do with sedition
but probably accounted for the
verdict “The sentence in the
present case can only have re
sulted from the jury’s passionate
disapproval of the defendant’s
lawful p urchase of the Wade
house,” they declare.
The also object to evidence a
bout the dynamiting of Wade’s
home, which they say invited
the jury "to punish the defen
dant for a bombing he did not
cause, simply because the prose
cution had been unable to ascer
tain who did cause it The
brief contends that the Kentucky
sedition statute “was not intend
ed as a deterrent to peaceable
experiment in controversial soci
al fields.” It adds:
“Integration of the Negro peo
ple into the general community
is one of the most important
difficult problems of the
present day. For a long time
H '•*» deemed permissible, to
enforce segregation of the races
by law. Recent decisions of the
Supreme Court, however, have
withdrawn constitutional sanction
from officially enforced segrega
tion in one field after anotehr.
This has given the people of
local communities the opportuni
ty, and imposed on them the
responsibility, for devising their
own solutions for race problems
within the framework of demo
cratic processes.
“It is right and wholesome
that private persons, white as
well as colored, should take an
interest in this vitally important
problem. It is a controversial
problem for which no solution
of general applicability has yet
been found. The best American
tradition calls for an experimen
tal, trial and errors approach,
seeking sound empirical solu
tions rather than rigid doctrin
aire judgments. Those who think
integration should come sooner,
and those who think it should
come more gradually or not at
all, should be allowed to expound
| their opposing views and try them
out in practiee, all without offi
cial intervention except for the
protection of legal rights of per
son and property.
“Much as we may dislike those
who hold up the mirror to the
community and remind us that
our ideals of justice and tolerance
and equality are not yet fully re
alized in actual practice, we must
beware the danger of making
the way of the critic too hazard
ous. If he demands a standard
. r\f norfonnn titV*inVi ic nrncont.
ly beyond the capacity of the
community, his criticism may
not be effective. If he adopts il
legal methods, his illegal acts
should be punished. But if his
methods are lawful we must not
silence him because we dislike
his views. And we must not pun
ish him because lawless means
are used to oppose him.
“The best, and perhaps the
only, hope of a sane and whole
some solution to such problems
as racial integration is to allow
peaceful experimentation of the
sort the Wades attempted. To
{help them attempt it, as the de
fendant did, is not a crime.”
; "Lusky and Zollinger also see a
threat to freedom of the press in
the cross-examination of Braden
about a news story he had writ
ten. Braden was formerly labor
reporter for The Cincinnati En
quirer and The Louisville Times.
At the time of his conviction he
was a copy editor for The Louis
ville Courier-Journal and was
active in labor and interracial af
lairs.
"The prosecution invited the
jury to convict him because of
lack of optimism displayed in a
factual report on unemployment
in the Louisville area, which he
had written as a news service
correspondent in 1948,’’ the brief
1. “No evidence was ever of
fered to show that the news story j
(which certainly did not advocate |
criminal syndicalism or sedition)
was false in any respect, or that
the defendant believed it to be
untrue. The court, by ruling that
its truth or falsity was imma
terial, struck a far-reaching blow
I at freedom of the press.”
The brief also contends that
the indictment was so vague that
no adequate defense could be of
. ft red; that the court’s instruc
ts to the jury failed to define
the offenses in any understand
able way, and that the terms of
‘he sedition statute are so in
definite “that men of common
intelligence must guess as to its
'meaning and differ as to its appli
cation.”
The attorneys are also critical
of the prosecutions use of an af
fidavit by Braden’s 15-year-old
foster daughter, Sonia, to obtain
information about books in his
home. “The blood runs cold at
the thought that, in America, in
i
The Reason For Belief
(Condensed for radio as WHY BELIEVE?, broadcast December 18)
Belief, and especially religious belief, requires a kind of effort,
even a kind of determination. For there is almost nothing which may be
proposed to you to be believed today which may not be contradicted
tomorrow. Even the most solemn truth your best friend utters may
be contradicted, yet you are committed to believe in your friend, to
have confidence in his reliability and his word.
Today you are asked to believe in democratic principles; to
morrow you will meet someone who shows himself wholly unworthy
of the confidence which belief in democratic principles must place in
the unselected human being. Today you are asked to believe in the
possibility of peace; tomorrow you must read the opinion of a top
military strategist that since preventive war is an immoral concept
for a democracy, we must use the threat of retaliatory power to deter
the enemy from the first blow, although, he argues, it is the first
blow that is likely to win. Today you are asked to believe in God, or
in the security of moral principle; tomorrow you will see decisions
taken in important places that haven’t the slightest relevance to
such belief.
It is not strange, therefore, to discover in many people a belief
against belief, an anti-belief, such as my friend expressed one evening
in the middle of a rather hectic pursuit of beliefs in general. “Why
do you have to believe something?” he asked. “Why believe any
thing at all?—ha, ha, ha!” His explosive laughter punctured the
inflated atmosphere of argument and inquiry—probably at about
the right time—and his question was exactly the pertinent ques
tion. But he seemed to be proposing his laughter as the answer.
It seemed to me then that he sat among us as a kind Of friendly
Pilate, content to ask, “What is truth?” yet without any urgency
or intent to find any other answer than laughter, and it seem
ed to me that somewhere in the marginal shadows of the room
Jesus of Nazareth stood listening, as it seems to me in fancy he
has been listening ever since the walk to Golgotha for some resol
ution of the great dilemmas of moral consciousness and human
intellect
But so difficult is it to be without belief of some kind that
to repudiate belief implies another kind of belief. My friend’s
question, although he followed it with laughter, implied another
question. “Why believe anything at all?” he had asked; and it
seemed to me he should then have asked, “Why not just take
life as it comes?” This is the anti-belief implied by the repudi
ation of all we commonly call belief.
Let us admit at once that it has great appeal as an alternative
to the effort men and women put into believing, and to the war
ring thought and feeling that become engaged in that effort, and
to the over-concern of most of us to be right, and proven right,
and acknowledged right in what we believe. There is a kind of
power drive that seems to creep in and displace the genuine
concern for truth in belief in persons and churches and nations,
in laymen preachers, professors, scientists, and politicians. By con
trast “taking life as it comes” seems peaceable, humble, relaxed,
and harmless, downright pleasant, in fact. Yet I am sure that the
practicability, and the wisdom, and even the happiness that seem
to attach to this view of taking life as it comes are of a speci
ous sort, and that it is passively subject to all the ills of anger and
dogmatism that afflict the intense and purposeful quest for thines
to believe.
Consider, for instance, that no one really does—just—take life
as it comes. Instead we make plans, perhaps not extensive
ones, but plans of some kind. A week ago some people told me
they are planning to go to Europe in the late spring. They are
not content just to take life as it comes, and wait until then to
see whatever vacation notion pops into their minds. My friend
plans his work ahead, though he really can’t be sure there will
be any ahead at all, or, if there is, whether he will be there in
person. I haven’t asked him, but I’ll bet he buys life insurance
and participates in some kind of retirement plan. The combina
tion of these two kinds of planning has always struck me as one
of the funniest things in the world, for it is so revealing of two
of our major fears: we’re afraid of dying too soon, and equally
afraid of living too long, and with reference to these two fears
we aren’t willing at all to take life as it comes. And think of
the superior wisdom of repudiating religious or moral belief, but
staking your whole unknown future on the value of a dollar.
My friend might say that a dollar is, at least, a more down to
earth kind of thing than God, and I can see his point, and yet
that would be a tremendous assertion to make and to believe.
He might say, too, that he only carries insurance and has a re
tirement plan because these are conventional things to do. Well,
one of the dangers of just taking life as it comes is the danger
of falling into conventionality as a way of life.
We don’t take life as it comes. We plan, and then try to
accommodate planning and the unforeseeable; we prepare, and
then try to assimilate preparation and the constant need to im
provise in the recurring situations for which we have no DreDar
ation. -
Moreover, no one CAN — just — take life as it comes.
For too much comes, and it comes as a flux of unsorted, uncount
able experiences of pain and pleasure and mixture. There is a
severe necessity for everyone to select what he will pay attention
to and -espond to. When a man leaves his house in the mom
ing to go to his work, he has in mind a clear destination and an
arrival time that rule his journey from home to work. This
means that he cannot stop to watch a bug cross the sidewalk, and
he cannot follow the rescue squad when it crosses the inter
section ahead of him, and he cannot dawdle in front of store
windows or hang around the news bulletins at the radio station.
Enough kinds of possible experience can be presented to him be
tween home and work that if he followed a free kind of impul
sive response and just took life as it came, he might not arrive
at work at all, indeed, he might not even get home by nightfall
1 should not want to say that would be bad, for it might not. But
if one intends to get to work, then he must get there, and to do
it, he must refuse to pay attention to a great many things along
he way. That is to say, it is t he man who has -the direction, and
not the flux of things.
But even without a direction or a destination we have to
reach — and most of us do have one — we could not just take
life as it comes. Shall I simply give equal attention and con
cern to everything that comes my way? I would be limp as a
dishrag before the day was half over and an emotional and in
tellectual vacuum. No tears or laughter left in me, and no ideas
either, and no words to tell my emptiness, even. I should, if I
tried just to take life as it comes, be utterly at the mercy of
experience which, in its unsorted and unselected occurence has
no mercy for me at all. All of us have certain days when signifi
cant and demanding experience happens too fast and in too great
quantity. All of us have had or will have certain years when
this seems to be true, when too many things of too great magni
tude for the heart happen and we cannot assimilate them, indeed,
cannot really experience them, as fast as they occur. There is
the day full of crises large and small, full of meaning and full
of absurdity, and forgotten debts to punctuality coming due at the
same time, and brand new promises being made to do things
we haven’t the faintest notion we will have the time to do. We
really can’t just take life as it comes and achieve any coherence
in our own lives at all. We might even lose the little we thought
we had.
fant children can be encouraged
or permitted to inform against
their parents and foster parents,
and unlock the doors of their
home to official search,” the
brief said.
Two searches made of the
Bradens’ home after their in
dictment are also attacked on I
several other grounds. The attor
neys stress that books and papers
seized elsewhere got mixed with
Braden’s books and were intro
duced in evidence against him.
They ascribe this to carelessness
in handling the hundreds of books
and papers seized at Braden’s
home and at the homes of other
defendants in the case. The pro
secution charged that Braden was
a member of the Communist Par
ty. He denied it from the wit
ness stand.
Mrs. Gladys Starks
Mrs. Gladys Starks, age 74 years,
of 5825 South 15 St., expired
Monday Jan. 2, 1956 at a local hos
pital.
She was an Omaha resident
42 years and a long time member
of Allen Chapel A. M. E. Church.
Mrs. Starks is survived by 3
sons, Ray, Earnest of Omaha and
Howard Starks of St. Paul Minn..
5 sisters, Mrs. Minnie Walker,
Mrs. Gene Hodges, Mrs. Pauline
Mitchell, Mrs. Myrtle Davis, Mrs.
Emma Johnson; 2 brothers, Thurs
ton and Hiram Bryant, all of
Omaha; 8 grandchildren; 2 great
grandchildren and a host of other
relatives.
Myers Brothers Funeral Service.
The reason for belief, then, is first that it steadies the man
or woman. “If you can’t believe in God,” says one of Edna
Millay’s characters, “it is a good thing to believe in Communism.
Although I don’t think this is a true alternative, it makes the
point well enough that without one kind of major belief some
other kind is necessary. There is no simple stream of events
which will integrate our lives, and there is no simple stream of
responses or free thoughts that will make our lives. coherent.
We have got to have a certain minimum predictability of self
first of all. When it is asked whether others can depend upon
us, we only need to know whether we can d epend upon ourselves.
A certain constancy of mood, a kind of prejudiced disposition, a
moral and emotional center of gravity is necessary to each of us.
That is why they put those foolish signs up in business places for
the employees to see: Keep Smiling and Think. Now it would
be a ludicrous office and a ludicrous world if everybody just
smiled all the time. What an expressionless condition it would
finally become. Imagine falling through a glass partition or slip
ping poison in the boss’ coffee and never faltering in your smile.
It would be just as ludicrous and gruesome a place if everybody
thought every minute. The most wonderful thoughts might be
conceived and no one would ever know the wonder of them ——
just the thought. Yet these silly signs are an acknowledgement
of our need for a kind of constancy of temper or temperament.
William Dawson
William H. Dawson, age 5 years
son of Mr. and Mrs. Cleo O.
Dawson of 3209 No. 27th St.,
expired suddenly Tuesday Jan. 3,
1956.
William was a resident of 0
maha 2 years.
He is also survived by 2 sis
ters, Brenda Joyce and Sandra
Mae; brother, Cleo Otis Dawson,
Jr.; aunt, Mrs. Mary Anderson,
all of Omaha, and other relatives.
Myers Brothers Funeral Service.
Jesse Guyton
Mr. Jesse Guyton, 2206 North
30th Street, passed away Wed
nesday night at a local hospital.
Mr. Guyton had been an employe
of Cudahy Packing Plant for 32
years.
He is survived by his wife, Mrs.
Mintha Guyton, Omaha, two sis
ters, Mrs. Mary Lane, Edwards,
Mississippi, Mrs. Rilla Abrams,
St. Louis, Missouri and other rela
tives. The body is at Thomas Mor
tuary.
Ed Martin
Ed Martin, age 88 years, of
2919 Erskine St., expired Sunday
evening Jan. 1, 1956 at his home.
He was an Omaha resident ten
years.
He is survived by 3 nieces,
Mrs. Cora Brown, Mrs. Bobbie
Carter and Mrs. Leona Herrington,
all of Omaha; nephew, Fletcher
Martin of Chicago, 111.
Funeral services tentatively ar
ranged for Wednesday at 11:00
a.m. Jan. 4, 1956 from the Myers
Brothers Funeral Chapel.
Henry H. Cook
Henry H. Cook, age 82 years,
of 2562% Cuming St., expired
Thursday Dec. 29, 1955 at a local
hospital..
He was an Omaha resident 36
years and between the years of
1920-1945 he was well known as
a Barber.
He is survived by his wife,
Mrs. Annie Cook of Omaha; j
daughter, Mrs. Lois Beverly of j
Burlington, la.; grandson, Vernon [
Windson of Ft. Madison, la.; two
great grandchildren and other re
latives.
Funeral services were held j
Thursday Jan. 3, 1956 at 2:00 p.m. j
from the Myers Brothers Fun
eral Chapel with Rev. J. H. Rey
nolds officiating assisted by Rev.
F. C. Williams. Interment was
at Mt. Hope Cemetery.
Pallbearers Messrs Harvey Mc
Neal, Emmett Dennis, Earnest
McNeal and Glen Oldham.
Myers Brothers Funeral Service.
Steven Johnson
Steven R. Johnson, six months,
1907 Clark Street, passed away'
Sunday, January 1 at a local hos
pital.
Steven is survived by his
mother, Mrs. Delores Johnson; two
brothers and a sister.
The body is at Thomas Mortuary.!
Ethridge Turner
Ethridge Turner, age 47 years,
of 2016 Grace St. expired sud
denly Thursday morning Dec. 29,
1955 at his home.
He was an Omaha resident 8
years and was employed at Armour
and Co.
He is survived by his wife, M -
Nancy Turner; 2 daughters, Mrs.
Irene Gay and Mrs. Lorene Re_,,
son, Willie Turner, all of Oma.i '
6 brothers, 4 sisters; 1 grandso.i,
4 grand daughters and a host of
other relatives.
Funeral services tentatively ar
ranged for Wednesday Jan. 4, 1956
at 2:00 p.m. from the Morning
Star Baptist Church.
Myers Brothers Funeral Service.
Anniversary
Observed At
Corinth Baptist
The Corinth Baptist Church ob
served its First Anniversary Sun
day, January 1, 1956, The high
lights of the progress that the
church made during the year was
given at the 11 a.m. service, and
the minister delivered a challeng
ing sermon. His theme was “On be
ing Loyal to Christ.” The congrega
tion was encouraged to be loyal to
Christ regardless of the the cir
cumstances in which they found
themselves. In time of victory and
in time of defeat, in time of plenty
and in time of want, in time of hap
piness and in time of sorrow and
when the crowd is with you and
when the crowd is against you.
One member was added to the
church at the morning worship.
The 3 p.m. service was one of
fellowship. The following per
sons brought greetings: Rev. Z. W.
Williams, Rev. Wm. Prutt, Elder
J. Hall Bowers, Rev. J. H. Will
iams, Rev. F. C. Williams, Rev. J.
C. Wade, Elder McDowell, Atty.
Robert Blanchard, Rev. Solomon
Jacobs and Mr. George Washing
ton. The afternoon service in
cluded a feature of the observa
tion of the 90th Anniversary of the
Emancipation Proclamation which
gave the Negroes in America their
freedom. The text for the after
noon was, “Not By Power Nor By
Might But By My Spirit Saith The
Lord of Hosts.” Geh. 4.7.
The minister admonished his
hearers that force, power or might |
has ever been able to accomplish
freedom and the realization of hu
man rights, but man is able to
gain freedom only as he exercises
the Spirit of God. That was true
in the time of Moses, and it was
true in'the time of slavery in A
merica, and it is true today. It
is true in the life of a nation and
it is true in the life of an indivi
iual. He said that the Spirit of
Sod may seem to move slower than
the forces of man, but the work of
the Spirit is eternal and the forces
of man is temporary. Patience
and Faith are virtues, but they
ire not only virtues they are dy
namics that a Christian cannot af
ford to be without
"If* A Gnat Life!"
It's A Great Life star Bill Bishop takes an“Hawaiian Holiday” and
meets two beautiful nati.e girls — on the comedy episode this v-eek
c er NBC-TV. Michael G’Sl- ' and James Dunn also star in the weekly
C ler series, which is aud piouu-vd by Ray Singer and
Dick Chcvillat.
"See How They
Run'^Next At
Director Kendrick Wilson of the
Omaha Community Playhouse
slated the British farce, “See How
They Run,” as the next offering
by his little theatre group.
“It’s a confusing but amusing
show,” Wilson said, “involving mis
taken identity, sharp dialogue and
even an intoxicated lady in a
closet.” The play has been suc
cessfully staged abroad and by a
number of amateur groups in A
merica. Omaha patrons will be
seeing it for the first time when it
begins its run on February 17th It
follows “Dial M for Murder” which
opens this Friday, January 6th
Casting for “See How They Run”
will take pace this Sunday, Janu
ary 8th at 2:30 p.m. and on Mon
day, January 9th at 7:30 p.m. The
show calls for seven men and
three women. Most of the play
ers are of the “veddy, veddy” Brit
ish variety but there are two A
mericans and a cockney to round
out the comic chatter.
Alberta Butler
Mrs. Alberta Butler, 68 years,
1128 North 20th Street, passed a
^vay Thursday evening, December
22nd at her home. Mrs. Butler
uad been a resident of Omaha ten
years. She was a faithful member
of Bethel AME Church where she
served as Stewardess and was a
former Sunday School teacher.
Mrs. Butler is survived by a
daughter, Mrs. Rhoda Mae Nelson, i
of Omaha.
Funeral services were held Tues- 1
day morning, December 27th from |
the Bethel A.M.E. Church with the j
Rev. W. A. Fowler officiating, as
sisted by Rev. Cooley, Rev. E. F.
Offard, Rev. W. E. Fort.
Interment was in the family plot
at Forest Lawn Cemetery.
Clarence Walker
Mr. Clarence Walker, 69 years,
2629 Patrick Avenue, passed away
Sunday, December 25th at his
home. Mr. Walker had been a
resident of Omaha thirty-one years
and was a faithful employee of
Wilson Packing Plant.
He is survived by his wife, Mrs.
Helen Walker, Omaha; stepson,
Mr. Rudolph Gerren, Sr. and his
wife, Mrs. Bernice Gerren, Los
Anegeles, California; two sisters,
Mrs. Ada Gamble, Hiawatha, Kan
sas, Mrs. Maggie Allen, Kansas
City, Missouri; two grandsons,
Lindsay and Rudolph Gerren, Jr.,
Los Angeles, California; two nep
hews, Mr. Wilber Gamble, St. Jose
ph, Missouri., Mr. Lemuel Walker,
Denver, Colorado; four nieces, Mrs.
Romaine Wright, Mrs. Raydell
Douglas, Miss Eloise Gamble, Den
ver, Colorado, Mrs. Merle Baker,
Hiawatha, Kansas, and other rela
tives.
Funeral services were held Sat
urday morning, December 31 from
Pilgrim Baptist Church with the
Rev. Charles Favors officiating.
Honorary bearers Lewis W.
-'rant, George Collins, Charles
Rodgers, Robert Raymond, active
jearers, John Anderson, Bud Car
er, Norman Gray, John Russell,
L-indsay Averett, Albert Beene.
Interment was in Calavary Ce
netery with arrangements by
rhomas Mortuary.
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Artide in Readers Digest Reveals
Jittery Pre-Menstrual Tension
Is So Often a Needless Misery!
woyou suffer terrible nervous ten
slon—feel Jittery, Irritable, de
pressed— Just before your period
r\Tr^o41in= article in
READER s DIGEST reveals such
pre-menstrua! torment is needless
misery in many cases!
erS1h'^Iids hav5 ^eady discov
how to auoid such suffering.
^dhTa^«, %lkl?am's Compound
nilr ^clets, they re so much hap
pier, less tense as those ‘•difficult
aays approach!
Lydia Pinkham's
has a remarkable
soothing effect on
the source of such
distress. In doctors’
tests, Pinkham's
la doctors’ tests on inning
product, 3 out of 4 women got
relief of nervous distress, pain!
Wonderful relief during and
before those “difficult days”!
•topped ... or strikingly relieved
... pain and discomfort! 3 out of 4
women got glorious relief!
Taken regularly, Pinkham* re
lieves the headaches, cramps, nerv
ous tension ... during and before
your period. Many women never
suffer—even on the first day.' Why
should you? This month, start tak
ing Pinkham’s. See if you don’t
escape pre-menstrual tension.. so
often the cause of unhaDniness
I ^ Lydia E.
Pinkham’s Vege
i table Compound ...
or convenient new
Tablets which have
blood - building iron
added. At druggists.
•by noted doctor
