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About The Omaha guide. (Omaha, Neb.) 1927-19?? | View Entire Issue (July 20, 1956)
UL N ewspaper Representatives, inc New York • Chicago • Detroit • Philadelphia ' A WEEKLY NEWSPAPER Published Every Thursday, Dated Friday Branch office for local news only, 2420 Grant St, Omaha 11, Nebr. teeond-elass mail privileges authorized at Omaha, Nebraska._ C GA1-LOWAYPublisher and Managing Edited “ (MEMBER) CALVIN NEWS SERVICE t GLOBAL NEW8 SERVICE ATLAS NEWS SERVICE STANDARD NEWS SERVICE This paper reserwes the right to publish all matter credited to these news servkes. _____ SUBSCRIPTION RATES Pmt Meath____* ■** Three Months - ■t, Month. -2-W sJne Year - ____....—-4.uu OUT OF TOWN SUBSCRIPTION RATES One Month-* Three Munths -- IMx Months - One Year - ADVERTISING RATES MADE KNOWN ON REQUEST Industry's View Continued From July 13 Issue THE "RIGHT TO WORK" 1$ PROTECTED BY THE NINTH AMENDMENT The Ninth Amendment reads that the ‘enumeration in the Con stitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Declaration of Independence proclaimed to the world the “self-evident” truths “that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” The Declaration of Independence, it should be noted, was careful to state that liberties and human rights were not man made. Their source was not governmental; rather they were endowed by the “Creator” of all men. John Adams, our second President, assured the people that “You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.” This basic con cept of individual sovereignty and liberty was absolute in the theory of American Government from the very beginning and was not grant ed by the Constitution. The Ninth Amendment is a basic statement of the inherent rights of the individual. On its face it declares there are unenumerated rights that are retained by the people, as a group and individually. Individual freedom is the basis of our democracy and is the virtue which marks ours over other forms of government. Liberty, or free dom, is the equivalent of the right to live, worship, work and pursue the right of opportunity to seek, secure and retain employment free happiness as an individual. Liberty and freedom, we believe, includes of any form of compulsion to join or pay tribute to any private organization. This is one of the unalienable rights with which in dividuals “are endowed by their Creator.” As such, it is preserved by the Ninth Amendment and protected by it, at least against any denial or disparagement by State or Congress. In discussing the Bill of Rights before the First Congress, James Madison, the father of the Bill of Rights and author of the Ninth A mendment, warned the people: “The prescriptions in favor of liberty ought to be leveled against that quarter where the greatest danger lies, name ly, that which possesses the highest prerogative of power. But this is not found in either the Executive or Legislative Department of the Government, but in the body of the people, operating by the majority against the minority. But I confess that I do conceive that in a Government modified like this of the United States, the great danger lies rather in the abuse of the community than in thp legislative body.” (Gales and Seaton’s “Annals of Con gress.”) Fears of excesses in government led to the Bill of Bights, rears of excesses by a majority of the community led to the Ninth Amend ment. As stated by Mr. Justice Douglas, dissenting in Barsky v. Board of Regents, 347 U.S. 442, 472 (1954): The right to work, I had assumed was the most preci ous liberty that man possesses. Man has indeed as much right to work as he has to live, to be free, to own property. The American ideal was stated by Emerson in his essay on Politics, ‘A man has a right to be employed, to be trusted, to be loved, to be revered.’ It does many men little good to stay alive and free and propertied, if they cannot work. To work means to eat. It also means to live. For many it would be better to work in jail, than to sit idle on the curb. The great values of freedom are in the opportunities afforded man to press to new horizons, to pit his strength against the forces of nature, to match skills with his fellow man.” It is difficult, if not impossible, better to state the principle behind the Right-to-Work laws. THE FREEDOM OF ASSOCIATION IS PROTECTED BY THE FIRST AMENDMENT Freedom of association is a composite of rights under the First Amendment, particularly freedom of speech and freedom of assembly. This right springs from the liberty of the individual to live his life as he sees fit, to choose where he will seek to work, and freely to choose what, if any, private organizations he will seek to join or re frain from joining. Freedom of association is a fundamental right and was recognized as such by the Supreme Court in NLRB v Jones and Laughlin Steel Corp., 301 U.S. 1, 33 (1937). There the Court pointed out that the purpose of that statute was to “safeguard the right of employees to self-organization....” It then added: "That is * fundamental right. Employees have as clear a right to organize and select their representatives for law ful purposes as the respondent has to organize its busi ness and select its own officers and agents.” (Emphasis x added.) In Thomas v. Collins, 323 U.S. 516 (1945), the Supreme Court con sidered a Texas statute requiring union organizers to register and obtain a card before soliciting members. The Court ruled that the Texas statute violated the Fourteenth Amendment’s protections of freedoms of speech and assembly. Said the Court: “As a matter of principle a requirement of registiation in order to make a public speech would seem generally in compatible with an exercise of the right of free speech and assembly... And the right either of workmen or unions under these conditions to assemble and discuss their own affairs is as fully protected by the Constitution as the right of businessmen, farmers, educators, political party members or others to assemble and discuss their affairs and to enlist the support of others.” 323 U.S. at 539. (Emphasis added.) Finally the Court stated: “There is some modicum of freedom of thought, speech, and assembly which all citizens of the Republic may exer cise throughout its length and breadth, which no State, nor all together, nor the Nation itself, can prohibit, restrain * or impede.” 323 U.S. at 543. The right not to join a labor organization as a condition of con tinued employment is a necessary corollary of the “fundamental right” to join, for without the right to refrain from joining, there can be no true right to join. If this corollary right does not exist, then employees have no freedom of association. All that remains to them is the freedom to be coerced by'the majority, whether of a labor organization or the community in which they live. Fortunately, how ever, freedom not to associate is as much a part of freedom of assem bly and association as the freedom to remain silent is a part of the freedom of speech, a right which becomes wholly inviolable when it is sought to compel one to utter that which he does not believe. This constitutional proposition is made clear in West Virginia Board of Education v. Barnett, 319 U.S. 624 (1943). In that case the Supreme Court struck down as a violation of the First Admendment the State Board of Education’s requirement that school pupils’ salute the flag and recite the pledge of allegiance. The Court said there: “-To sustain the compulsory flag salute we are re quired to say that a Bill of Rights which guards the in dividual’s right to speak his own mind, left it open to public authorities to compel him to utter what is not in his mind.” (p. 634.) Thus the Supreme Court found the idea of forcing the individual to speak contrary to his convictions to be a contravention of the First Amendment. The analogy to cases under “Right-to-Work” laws is ap parent—to force an individual to become a member of a private organi zation against his will is to violate his First Amendment freedom of assembly and association. It was well stated by the Supreme Court of Nebraska: “We think the freedom of association, the freedom to join or not to join in association with others for whatever pur poses such association is lawfully organized, is a freedom guaranteed by the First Amendment.” Continued Next Week A Strange Twist A recent issue of the American Bar Association Journal contains two articles expressing conflicting views on the U. S. Supreme Court decision in the school segregation cases. Ironically, one of the auth ors of the article which opposes the opinion of the Supreme Court is a lawyer from Missouri which can no longer be classified as a seg regated state, while the article supporting the Supreme Court deci sion is a Texan. The Missourian who sides with Eugene Cook, attorney general of Georgia, in writing the article against the Supreme Court decision is William I. Potter, a practicing lawyer in Kansas City. The Texan who upholds the Supreme Court view is George W. Stumberg, a na tive of Louisiana and a professor of law at the University of Texas since 1925. , This strange turn of events just goes to show that prejudice and discrimination are not based solely upon geography. A man cannot be branded by where he lives or where he was born. Justice Hugo Black, who came from Alabama, is one of the most liberal justices on the Supreme Court bench. In objecting to the Supreme Court decision, Mr. Potter and Mr. Cook state three reasons: 1. That the court’s decision of May, 1954, and the implementing opinion of May 31, 1955, conflict with prior opinions of the same court less than five years old. 2. That the court action nullifies state laws providing for sep arate but equal educational facilities and “assumes power that con stitutes further encroachment by the central government upon the rights reserved to the states and to the people by the federal consti tution.” 3. The Supreme Court relied upon college professors, psycholo gists and sociologists to support its theory that the segregated school generated in the Negro pupil “a feeling of inferiority that may affect ; his heart and mind in a way unlikely ever to be undone.” Georgia’s Cook and Missouri’s Potter state that the South gave heed to white parents’ preference for separate schools by enacting laws and providing for equal education facilities in separate schools.” What Cook and Potter fail to state is that .there is no such thing as “separate but equal.” Had the South consistently through the year actually provided equal facilities for Negro children, the all-out fight against segregation itself may not have come so soon. It was the Negro’s disgust at the shabby schools maintained for Negro children over against the well-equipped buildings provided for white : children that led to the series of court cases which resulted finally j in the famous decision of May 17, 1954, declaring segregated schools unconstitutional. We are surprised that a lawyer practicing in the state of Missouri should side with Eugene Cook. He has an example in his own state and his own city of how well integration is working in the schools. Yet he stands with Georgia. Wake up and look around, Mr. Potter. The article written by Professor Stumberg of Texas U. is a scholarly piece which points out clearly that since 1803, the Supreme Court has had the power to determine the constitutionality of state and federal laws. This procedure, he says, “has long since become so thoroughly imbedded in our system of government that for it now to become otherwise, a constitutional amendment or a revolution would be necessary.” This is answer enough to Cook’s and Potter’s point No. 2. Stumberg goes on to say that it is “unlawyer-like when a state constitutional or legislative practice is declared to be invalid under the constitution of the United States to refer to the decision as “un lawful” or as an “invalid imposition upon the states.” The professor from Texas points out further that the Supreme Court decision did not come without forewarning “as a sudden impact upon the social customs of the states affected, from some alien body unfamiliar with the problems involved.” The May 17, 1954, decision came as the climax to a series of de- J cisions beginning with the Gaines vs. Canada decision of 1938, each of which knocked another chip off the stone of segregation and paved the way gradually for the big decision of two years ago. The Sipuel case of Oklahoma went a little, further than the Gaines decision. An other step was won with the McLaurih vs. Oklahoma State Regents case. The Sweatt case of Texas went stil further along the road to ward an outright decision against segregation. The Texas professor cites also the fact that two of the nine jus tices of the Supreme Court were born and reared under segregation, j one in Texas and the other in Alabama. Yet neither of them dissent-, ed in any of the school cases. It will be recalled that in the Sweatt case the Supreme Court said in discussing the separate law school set up for Negroes, first at Austin and then at Texas Southern U., that even though the facili ties were good there could be no equality in a system of legal educa tion from which “a substantial and significant segment of society is excluded.” This was in 1950, four years before the decision which is now causing such a stir. A similar view was expressed in the Me-; Laurin case of the same year. Another good point made by Professor Stumberg is that both of these dicisions of 1950 were written by Chief Justice Vinson, a Kentuckian, and that Mr. Justice Reed, also from Kentucky, con curred. He points out further that the court at tha time was made up of four southerners and five northerners. There was no disagree ment. It seems inconceivable,” the Texas professor says, “that four southerners could be overwhelmed by five justices from outside the South, particulary when one of the four delivered the opinion.” With him we agree and wonder how Mr. Potter and Mr. Cook can do otherwise. The Power That is In Unity The Negro citizens of Tallahassee, Fla., like those in Mont gomery, Ala., before them, are demonstrating the power that lies in unity. The Negroes of the South have found an effective way to combat segregation and discrimination. What they have not been able to do through persuasion, over the conference table or even in the courts, they have accomplished through use of the economic boy cott. When the 14,000 Negro citizens of Tallahassee stopped riding busses in protest against segregated seating and a discriminatory hir ing policy, the company shut down its total operations because it could not afford to run the transit system 'without their support. Negro riders made up two-thirds of the company’s patronage. With that much business cut off, the company suspended service on its bus lines until the matter is cleared up. And with expensive equipment and men standing idle, something will be done soon to bring the Negroe’s business back. Meanwhile, the leaders of the bus boycott are threatening to extend their protest to the department stores and other stores unless the police stop their program of intimidation of Negroes in the down town area. If Negroes stopped buying in the downtown stores,! Tallahassee would be ruined economically. And, don’t think for a moment, after the experience of the bus company, that the merchants don’t know it. Before this paper hits the streets, we predict that the merchants themselves will urge the police to “lay off” so we can keep our customers. The southern Negro is getting smarter. He is a lot smarter than many of his brothers up North. Negroes in northern and bor der cities have not yet learned how and where to spend their money and how to make their dollars count. They have never thought of boycotting a bus or street car company which would not hire Negro drivers. They spend their money freely in department stores wheth er or not they can enjoy all of the conveniences provided by those stores for their customers and regardless of whether they are given equal consideration when it comes to employment. Of course, the percentage of Negroes in the total population is considerably smaller in most northern cities than it is in the South. The one big advantage which the Negro citizens of Montgomery, as well as those of Tallahassee have, is that of numbers. Numbers count. The Negro citizens of Kansas City form barely one-tenth of the total population while in the southern cities they are between one-third and one-half of the population. But even with smaller percentages to work with, the Negroes of northern and border cities could gain more if they could capture some of the spirit exhibited in Montgomery and Tallahassee. Even without large numbers, some gains could be made “up North” with the spirit of unity that is being demonstrated down South. We may not be strong enough in number to force a company to cease its operations ,but we could put a big enough dent in its profits to cause him to sit up and take notice. The southern Negro has had numbers in his favor all along. It has been he is only just now becoming aware of his full strength. He is just now coming into his own, gaining courage when legal bar riers were put out of his way by the U. S. Supreme Court decisions. The citizens of Montgomery, Ala., have been walking since De cember in protest against segregation. Those in Tallahassee will be walking for weeks to come. We glory in their spunk, but what are we doing about our own situation? THURGOOD AND THE NAACP We cannot imagine the NAACP without Thurgood Marshall nor i Thurgood Marshall without the NAACP. When the brilliant NAACP chief counsel stalked out of a committee session in San Francisco, he may have been irritated or angry enough to break off his dealings with the conference committee members, hut we don’t believe that he has any intention of leaving the NAACP, especially not at the pres ent time in the midst of de-segregation problems. Since Marshall more than any other single man is responsible for the cases which led to the Supreme Court decisions in the school suits, he won’t leave the NAACP with his job still unfinished. Roy Wilkins, the NAACP chief executive, has denied that there is any rift between Marshall and others high in the administration of the NAACP. The wide publicity that was given to Marshall’s “walk out” at San Francisco probably can be attributed to an over-eager reporter anxious for a good headline, coupled with the circumstance that Thurgood had an engagement of long standing in Denver. The NAACP and Thurgood belong together like Mamie and Ike. They go together like ham and eggs. And like the flag and the Fourth of July. We hope we have heard the last of any split between | them. Council of Churches Seeks Funds (continued from page 1) a city-wide basis, one in St. Paul ; Methodist Church and one in j Dundee Presbyterian Church. We were also host to a state-wide gathering of Christian youth in our city. Vacation Church Schools are n >w in session in all parts of the i city. About 100 such schools will be held. Teachers and leaders for these schools were given train ing in two all day sessions. Countryside Community Church was host to one traininr school in which the Nebraska and Omaha Councils cooperated. The Omaha Council conducted a “Skillshop” in Central United Presbyterian Church which was attended by 200 teachers from Omaha schools and some from Council Bluffs. As one teacher put it, “You have been very helpful to me and I trust I may pass on to others what 1 have received.” These events are part of the continuing program of but one committee of the Omaha Council of Churches - its Christian Educa tion Committee. There are other committees - six standing ones and as many special and sub-committees as may be necessary. The Community and Civic Re lations Committee, for example, has a subcommittee, the Chap Iain’s Advisory Committee, to assist a part-time staff member, the Rev. Dayton Van Deusen, a trained Lutheran Chaplain who devotes part of his time to giving direct Protestant service and as sisting pastors and volunteers in ministering to those in our hos pitals and public and private in stitutions. The Civic Relations Committee won a victory for public decency which has been well publicized in the campaign which defended our existing laws. Some quiet work is now being done to secure the better administration of jus tice. Cooperative forces have al ready secured some improvements a- d further progress is expected. Much could be told, in addition, of the work done by such other committees as the Church Ex tension and Planning, Evangel ism, Radio and Television, and of the service rendered by the Coun cil office as an information cen ter. Anyone interested in further information may call the Council office, 320-321 Y.M.C.A.. phone AT 0246. i Harry Johnson Mr. Harry Johnson age 73 years, of 7020 So. 49th Street, expired Saturday July 14th, 1956 at a local hospital. He was an Omaha resident for 73 years and is survived by his wife, Mrs. Anna Johnson of Oma ha; 3 nieces, Mrs. Florence Jones of Omaha, Mrs. Gladys Marsh and I Mrs. Mary Stevens of Adrian,1 Michigan. Funeral services were held Wednesday July 18. 1956 at 2:00 p.m. from the Myers Funeral ! Home Chapel with Rev. F. C. Wil i liams officiating. Interment was at Graceland Park Cemetery. P a 11 b earers: Messrs. Jessie Franklin, Nathan Winston, Harris Austin, Ellis Sutrdevant, Percy Norvel. Unidentified Body Taken From Mo. River The body of an unidentified man was taken out of the Missouri River Sunday afternoon July 15. He was perhaps about forty five or fifty years of age, about five feet eight inches tall and weight about 175 pounds. Condition of the body made identification d i fficult. Fred Schworm, 6016 South 17th Street, was out in his motor boat when he saw the body floating face down. He brought it to shore. Burial was made Tuesday morn ing by Thomas Funeral Home. If You Want the low - down, the inside baseball news, you'll went to take advantage of this spe cial offer. We'll send you 12 weekly Issues of THE SPORTING NEWS (reg- , ular value $3.00) PLUS a copy I of the big, brand-new 528-page 1956 edition of the Official Base ball Guide (regular price $1.00) for only $2,001 IT'S OFFICIAL, AUTHENTIC This famous book contains major and minor league a v e rages, records, offi cial playing I rules and thousands of facts abou? the game. its free to you — along with a 12-week subscription to THE SPORTING NEWS for $2.00. 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Crowding the Civic Auditorium to near capacity, the delegates and visitors gave thunderous ap plause to Roy Wilkins, the Associ ation’s executive secretary, as he warned in the convention’s final address: “The United States of America cannot lead the nations of the world if the shameful ban ner of Jim Crow is to cast its shadow across the bright colors of the Stars and Stripes. The two billion non-white peoples of the world are not interested in Jim Crow or colonialism. They are rooting out the apostiles of white supremacy. Just the other day the last English soldier left the Suez Canal, after a stay there of 76 years. The Dutch are out of Indonesia. Nigeria and the Gold Coast in West Africa are a bout to enjoy self-government. There are more than stirrings in East and North Africa.” Bolstering Mr. Williams’ fund appeal were living witnesses to the South's racial tyranny who briefly recited their stories and told of the help they received from the NAACP. They were Mrs. Autherine Lucy Foster who broke the color bar at the University of Alabama, Gus Courts who survi ved an attempted assassination in Belzoni, Mississippi, Mrs. Rosa Parks whose refusal to give up her seat in a bus to a white man sparked the successful Mont gomery, Alabama, bus protest, and L. A. Blackman who, at the sacrifice of his business, defied the Ku Klux Klan and remained in his home town of Elloree, South Carolina. QufcA Refief of PAIN Cat* PAINS of HEADACHE, NEURAL GIA, NEURITIS with STANBACK TAB LETS or POWDERS. STANBACK it not a on* ingredient formula , . . STAN BACK combines several medically proven pain relievers into one eaty to taka do-.t . . . The added effectiveness of Ihtit MULTIPLE ingredients brings fatter, mors complete relief, easing anxiety and tens-on usually accompanying pain . . . INGROWN NAIL HURTING you; Immediate Relief! 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