\
PAG! TWO
THl CABOUNA TIBIES SATURDAY, SEPT. 4, 1954
A SOUTHERNER DISSENTS ON
SEGREGATION
White southerners who are
ranting, raving and fuming
about the recent Supreme
Court ruhng on segregation
in public schools should read
the dissenting opinion of
Justice John Marshall Harlan
of Kentucky in the Plessy vs.
Ferguson case argued b^ore
the United States Supreme
Court on April 13, 1896.
Justice Harland, who was one
of two Southerners on the
bench at the time made some
most forceful and prophetic
declarations in his opinion.
While all of the other mem
bers of the Couirt, with the ex
ception of Justice David J.
Brewer of Kansas, who did
not participate because he
did not sit in one the argu
ments, decided in favor of thje
“Separate but Equal” doc
trine, Justice Harland a'
southerner was the lone dis
senting voice.
Like Thomas Jefferson, an
other southerner, who wrote
the Declaration of Independ
ence, Justice Harland refused
in his dissenting opinion to
decide with those who, under
the “Separate but Equal” doc
trine would deny Negroes the
right to human dignity.
The “Separate but Equal”
decision in the Plessy vs. Fer
guson case made it unlawful
for a Negro and a white per
son to ride in the same coach
of all railroads and common
carriers with the exception of
street cars.
We reprint below for the
benefit of our readers. Jus
tice Harlan’s dissenting opin
ion in its entirety. We trust
all of them will study it close
ly and think on it deeply.
Justice Harland cited the case
of Worcester vs. Western
Railroad Corporation. Said
he:
“The establishment of a
great .thoroughfare b re
garded as a public work,
established by public au
thority, intended for the
public use and benefit, the
use of which is secured to
the whole community, and
constitutes, therefore, like
a canal, turnpike or high
way, a public easement.”
“In respect of civil rights,
common to all citizens, the
constitution of the United
States does not, I think,
permit any public authority
to know the race of those
entitled to be protected in
the enjoyment of such
rights. Every true man has
pride of race, and under ap
propriate circumstances,
when the rights of others,
his equak before the law,
are not to be affected, it is
his privilege to express
such pride and to take such
action based upon it as to
him seems proper. But I
deny that any legislative
body or judicial tribunal
may have regard to the race
of citizens when the civil
rights of those citizens are
involved. Indeed, such leg-
blation as that here in
question is inconsbtent not
only with that equality of
rights which pertains to
citizenship, national and
state, but with the personal
liberty enjoyed by every
one within the United
States. ^
The thirteenth amendment
does not permit the with
holding of or the depriva
tion of any right necessar
ily inhering in freedom.
It not only struck down the
institution of slavery as
previously exbting in the
United States, but it pre
vents the imposition of any
burdens or disabilities that
constitute badges of slavery
or servitude. It decreed
universal civil freedom in
thb country . . . But, that
amendment having been
found inadequate to the
protection of the rights of
those who had been in
slavery, it was followed by
the fourteenth amendment,
which added greatly to the
dignity and glory of Ameri
can citizenship, and to the
security of personal liberty,
by declaring that ‘all per
sons born or naturalized in
the United States, and sub-,
ject to the jurbdiction
thereof, are citizens of the
United States and of the
state wherein they reside,’
and that ‘no state shall
make or enforce any law
which shall abridge the
privileges or immunities of
citizens of the United
States; nor shall any state
deprive any person of life,
liberty or property without
due process of law, nor
deny to any person within
its jurbdiction the equal
protection .of the laws.”
These two amendments. If
enforced awording to their
true intent' and meaning,
will protect all the civil
rights that pertain to free
dom nnrf . citizenshiiL > . .
They removed the race line
from our governmental sys
tems . . . They declared, in
legal effect, thb court has
further said, “that the law
in the states shall be the
same for the black as for
the white; that all persons,
whether colored or white,
shall stand equal before the
laws of the states; and in
regard to the colored race,
for whose protection the
amendment was primarily
designed, that no dbcrim-
ination shall be made
against them by law be
cause of their color.. .They
contain a necessary im
plication of a positive im
munity or right, most valu
able to the colored race|—
the right to exemption
from unfriendly legblation
against them dbtinctively
as colored; exemption from
legal dbcriminations, im
plying inferiority in civil
society, lessening the secur
ity of their enjoyment of
the rights which others en
joy; and dbcriminations
which are steps towards re
ducing them to the condi
tion of a subject race.’
“If a white man and a
black man choose to occupy
the same public conveyance
on a public highway, it b
their right to do so; and no
government, proceeding a-
lone on grounds of race, can
prevent it without inf^g-
ing the personal liberty^f
each.”
“In my opinion, the judge
ment thb day rendered
'will, in time, prove to be
quite as pernicious as the
decision made by thb tri
bunal in the Dred Scott case
It is scarcely just to say
that a colored citizen should
hot object to occupying a
public coach assigned to his
own race. He does not ob
ject, nor, perhaps, would
he object to separate
coaches for hb race if his
rights under the law were
recognized. Bi^ he does ob
ject, and he ought never to
cease objecting, that cit
izens of the white and black
races can be adjudged
criminals because they sit,
or claim the right to sit, in
in the same public coach on
a public highway . . . The
thin dbgube of “equal” ac
commodations for pas
sengers in railroad coaches
will not mislead any one,
nor a^one ^ .the wrong
thb day done.”
GETTING ALONG
BY LAUREfiN WHITE
NEW YORK
A sportsmanlike struggle be
tween evenly matched contes
tants is always interesting, be
cause itis fascinating to watch
a contest that calls for pains
taking preparationing and then
supreme effort. It is through
' this type of contest that men
liave emerged from savages to
scientists, and such contests are
symbolic of man’s struggle to
improve himself.
Years ago, the struggle be
tween business ad labor was
one-sided. All of the advantages
were on the side of business or
capital. Business had practi-'
cally all of the political influ
ence, a of the money, and the
best brains directing . their
course. In those days, labor had
to accept anything that business
offered and it was fortunate
that labor fared no worse.
A
How different are conditions
today! The advantages are no
longer on the side of business.
Labor no longer has to accept
just anything business offers.
At this time labor has some po
litical influence, plenty of
money and some mighty good
brain power directing its course
Consider what has happened
with a local of the Ladies Gar--
ment Workers Union.
This Union has been out on
strike since December 31
against a New York manufac^
turer of children’s dresses, G. H.
and E. Freydb^rg. After seven
months of negotiations the Un
ion announced it was building a
$40,000 dress plant at Appomat
tox, Virginia and would rent
this plant with an option to buy
to a competitor of the Freyd-
berg Company. The Union also
announced it was lending $20,
000 to aother dress manufac
turer to help it expand its fac
tory so they could hire some of
the workers out on strike. The
Union is also considering build
ing a new plant to compete with
the Freydberg Company.
Unions have plenty of money
now, and can put pressure on
business. Many Unions are ope
rating newspapers in competi
tion with non-union dailies, and
it aoesn’t take much imagina
tion to realize that Unions can
go into business on a larger
scale if necessary.
Throughout the ages, business
and labor have engaged in a
struggle. However, it has only
been- in recent years that the
contests has been interesting
and living conditions for all
have improved since it has.
LETTERS TO
THE EDITOR
Editorials Stimulating
Dear Editor:
As a general thing, I find
your editorials stimulating,
even when I do not agi^ with
them. I found your editorials
in^the last issue of your paper
rather interesting as to point
of view and content.
I think they contain much
food for thought, especially if
the thinking is done objective
ly. r '
A. T. SPAULDING
WELCOME N. N. I. A. TO DURHAM
This week Durham has
rolled out the welcome mat
for delegates and visitors, at
tending the 34th annual ses
sion of the National Negro
Insurance Association. No
convention in the history of
Durham has received a great
er welcome from all its cit
izens than the NNIA. Those
who have been in on the
plans for entertaining the an
nual session can testify to the
fact that the Durham Cham
ber of Conamerce, the Mer
chants Association and nil
leading citizens, irrespective
of race, have done every thing
in their power to extend a
hearty welcome to the visitors
in our midst.
Ovir own American To
bacco Company, not only has
extended the hand of wel
come to NNIA but has been
kind enough to furnish an
evening of entertainment for
the delegates and visitors by
tponsoring the Lionel Hamp
ton Show. We think, this, to-
pether with what others of
both races in Durham have
done to welcome our guests,
b as fine an exhibiton of inter-
lacial cooperation that can
not be recalled by any other
southern city.
Not only have the people
of both races in Durham join
ed hands to welcome the
NNIA but many corporations
and individuals throughout
the state have also' cooper
ated to make the delegates
and visitors stay here a plea
sant one.
Durham is by no means a per
feet city but it is our candid
opinion that there has been
sown here seeds that even-
tualy will make this city the
^eatest citadel of democracy
in the South if not the natipn.
For here in this small com
munity is growing up a new
kind of white citizen one
who is beginning to assert his
leadership and to look upon
men for what they represent
in character and integrity and
not what they i;^present in
skin color.
In addition to the numerous
Negro business enterprbes
for a city its size Durham Ne
groes own the largest num
ber of homes per capita in the
nation. Here more Negroes
vote per capita than any
where ebe in the state. Our
c h u r-c h e s, hospitab, and
schoob are among the best in
the state and we are well on
our way here to wiping out
all of the slum areas and to
provide for even those of the
lowest income who want
them, modern and comfort
able homes.
Durham probably has more
Negro lawyers than any city
its size in the South and prob
ably more Negro physicians.
It is truly a city in which hard
work, honesty and integrity
are looked upon with favor
by members of both races.
By the time the National
Negro Insurance Association
meets here again Durham
wili'have emerged into the
forefront as one of the south
ern conununities that point
ed the way to the new South
and a higher and nobler life
for all men living in thb great
nation of ours.
So on behalf of all the cit
izens of Durham we are proud
to welcome the lifNIA con
vention and to hope for all of
its delegates and visitors a
most pleasant stay.
SATURDAY
CLATHAN M. ftOS», Mltor
t. AU.BN CABTBR, Editor
Mllriiii Stmt aaturday by ow UNlTgxi
rVWUmOMM. laenvoMtMl at MB Z. Ptttl«T*w St
CbmBU
L. K. AUSTIN, PnMlshM
SEPT. 4, 1954
_ m outter at Um Pom Otfior
a MW*"*’ ****** Cartel nadar itm Ac* of Mar^
M. B. JOHNSON, BnahiMS Muagw
K. J, HAYNES. AdvertMng Muuiger
Mo (uaraataa o( vuMioatlen et uueUettad mato-
rtal. L«tt«n to tha odttor tor pubUeattan must ba
•1«IW4 and eonflaad to SM irafda.
Subaeilptlaa Hataa: lOc par ea»r; to nmllii
M.00; Ona Yaar. ts.00 (Foralcii Cauatrtaa, *4.00
par raar.)
LABOR DAT ENTRY—
Y0UF£
4
WASHINGTON AND
SMALL BUSINESS
Curraat Tadtral Trade Com-
mlsilon Investigatloas Into cou
poning practicei, brings up In-
taruting question which m»y re-
quira Justice Department actioD.
« • •
Ihe qneattca:’ "Are Mg eerpor-
atloiis i.aslag conpons to wreck
tndape^ent murafsotnrers,
latinc laws
(ardliiK
uioe at
erT”.
• •
The U.S. Con-
stituUon ii s;
clflc on this]
matter, lom
claim.
•
Section 8 pi
Tides CoDfrcss c.W. Hardar
shall have power to cola money,
to recnlsto valae, and to recn-
lato value of forel(n colna. Sec
tion 10 prohibits states from coin
ing: money, or making anythinc
but cold ai^ ailver legal tender.
« • *
In other words, no sovereign
state can demand, for example,
its citizens to accept shoe but
tons or any other item, in ex
change for goods and services.
It must be in legal tender pre
scribed by Congress.
* ♦ * —
Thna It now appears to many
that aome corporations are oper
ating as snpet40vereipity ez-
oeediar power of any stet&
, * • •
While coupons ara not claimed
to be currency but merely sn of
fer to pay, it is being found in
actual practice thay have tha full
force and effect of currency.
* * *
A housewife receives » conpon
that tells herfto take it to her
grocer, buy the product being
pushed, and the grocer will
knock ton cents or.some ether
amount off the price.
• • a
The grocer can legally refuse
to'honor the coupon. If he re
fused a genuine U. S. dime for
a dime article, he ;ould be de
prived of his ability but while
A NaUoaal VtdcratkB ti
By C. WILSON HARDER
refusal to accept the coupon will
not deprive him at his liberty.
It wm deprive him of patronage.
• • «
Bnt law InterpretatloB Is often
based on actual praetloe as wdl
as tedmlcal wording. In this
case, thronxh actual praetloe^
coupon issuing oorporaUons are
exercising richt of printing our*
rency, which Is restricted te
Congress
e • *
Many housewives do not read
or understand fins print on cou
pons. Many save .coupons until
they have around a dollars worth,
and on their next trip to the
grocer,, use them as ctnrency,
because in their minds they ac
cept in good faith that coupons
have a definite monetary value.
• • •
8e wUh an good ooasdenoe^
and with good faith, the bouse*
wife literally blsokjaoks the lnde>
pendent frooer Into accepting
these conpona, recs'dless of
whether ha bwidles soma ef the
products, or iriiether or net the
coupons have expired. Be cannot
afford to antoronla* customers,
so same compulsion exists as It
grocer were handed lawful eur>
renoy, even thonth he never eel-
leets from the oorpwatlen.
e e «
The chains do not hsve this
problem. If eoupcos are obso-
leto, or for any other reason not
acceptoble to the eorporatloa
if turned in by an Independent
grocer, a big ehain, by virtue o
its mass bu^g from the corpor.
atlon, compels the corporation
(o accept coupons. Again, ele
ment of compulsion enters.
• * e
8e conpons, which from a tech
nical leKallstlo standpoint are
bpgus cnrrency, become, through
the elanento ol practice and
compulsion, as valid as legal
tender. The only difference Is
that while Independent grocers
are compelled to accept them as
offered In food faith, they lack
the power to compel redemptioB
by tlie laaahv oorporatlea.
iniegrahon will pedhit him to
LEARN THE TRUTa"
rBXTBOOKS
TEACHING
RACE HATE
against
negroes
OUR AMERICAN
^educat'onal system
Spiritual Insight
"A FIRM CRIP ON L'^E"
BY REVEREND HAROLD ROLANJ
Putor, Mount Gilead Baptist Church
"So take a fresh grip on life
and brace your trembling
knees... “Heb. 12:11
We can be dealt some hard
and dilticult blows that will
cause us to weaken and lose our
grip on life. Life gets rough at
times. We are hit some mighty
hard blows. Thus we are na
turally tempted to lose our
grip on life. We have seen the
football player who was hit
hard. He lost his grip. He
fumbled the ball. A hard blow
caused the player to lose ius
grip on the ball. And so it is in
this sometimes rough and dif
ficult business of living. I have
seen some who were hit and
were ready to give up. We may
be weakened and stunned by
these har^ blows but we should
hbriose' our strong, firm grip
on life.
I know one sure way to get a
firm grip on life. How? A life
Cultivated and nourished in
prayer gives a strong firm grip
on life. A daily prayerful study
of God’s word gives a firm
grip on life. The hard blows are
coming. You better get a firm
giHp on life now. Like a ship
that travels the briny deep you
are going to need your anchors..
“Which hope we have as an
anchor of the soul...both sure
and steadfast....”
Heart-rending dissappoint-
ments cause some to lose their
grip on life. The terrific blow
of disappointment causes some
to lose their grip on life. With
the slighest blow some say
what’s the use. I give up! Others
find a power to give them a
firmer grip on life. We all have
seen men and women who wilt
under the blows of life. Then
we have seen others who cling
to life until the storm is over
and the wound is healed. Dis
appointments should not cause
you to lose your grip on life.
You may l>e shocked and shark-
ehed” but you sTTouia‘“not' TOSe
your grip on life. Hold on in
spite of life’s hard blows. Be
hind every dark could the sun
is still shining! ^
Some lose their grip on life
when pain and siciuiess strike.
I know sickness can be a diffi
cult blow. It shuts you off in
loneliness. It strips of vigor
the strange sij^roundings of a
hospital. How can we carry on
under such circumstances? , We
must ask God in prayer to give
us the Grace to accept some
things. In prayerful surrender
we can get a firmer grip on life.
After the first shock, if you
know God, you ought get a fir
mer grip on life...“Take a fresh
grip on life and brace your
trembling knees...”
Nothing t>eats prayer and the
word of God for giving men a
firmer grip on life. In prayer
we tap the resources of spiri
tual strength that make us
strong for life’s hard blows.
You cannot wait until the storm
strike, you mu^t prepare for
war in the time of peace. Prayer
will stren^hen your grip. The
or tSoJr wni Wake j^u
strong to endure the hard blows
of life. He who is grounded in
prayer and the word of God
will not lose his grip on life.
Surrender to God gives us
strength to get and maintain a
firm grip on life in spite of its'
hard and difficult blows.
STRAIGHT AHEAD
NEW YORK
New York "Is in the midst of
a juvenile crime wave wliich
seems to tie without precedent
in the annals of the city. The
recent revelations of the activi
ties of a teenage quartet are
almost beyond belief. Their re
cord of toEture and murder is,
to say the least,, .astounding. In
the wake of these revelations,
other teen gangs are oigaging
in gang fights, which take on
the propotions- of real grown
up gang warfare.
Many of the New York news
papers have diligently covered
the activities of these groups
and one or two of them have
been conducting series of stories
on organized crime among juve
niles in the city. One newspaper
brought up the matter of Puerto
Rican immigration in some sec
tions of the city as a contribu
tory cause. ^
These two points are thought-
provoking. First on the subject
of dwelling at length on gang
activities; Certainly the public
has a right to know what is
going on, to be warned of any
danger existing in 'the city, to
be alerted with a view to tak
ing civic action on the problem.
Admittedly, tliere must be feel
ing aroused on the part of pa
rents to help combat this teen
age problem.
However, it might be pointed
out that all tills publicity also
might serve the purpose of the
gangs involved. It is a certain
ty tlwt those who participated
in gang activities do so to satis
fy a need. The desire for some
sort of^ recognition often prods
the young gangster on and he
is not happy until he has made
l;ils mark. Why help him along
with press notices? This is not
as ridiculous as it may sound
on the surface when it is con
sidered that acts of vandalism
usually follow one after the
other, and that one report of a
gang outbreak in one neighbor-'
hood usually is followed by
others. We would be willing to
wager that many of these young
hoodlums go on a spree and
then get up early the next
morning and get all the papers
to read their press notices.
They might even vie with each
other to see who can gamer the
best ones.
As . for injecting the Puerto
Rican situation into the gang
incidents, this is most unfortu
nate. It is true that any new
groups has its difficulty adjust
ing, and they need special at
tention in helping them to fit
—By Olive A. Adams
into the community life. Al
though some of the participants
in yiese gang fights may have
been Puerto Ricans, these latest
outbreaks do not indicate that
they have anything to do with
the problem of Puerto Rican ad
justment. It is too bad the sub
ject was injected.
These are times when those of
us who have the serious re
sponsibility of keeping the
public informed must be on
guard lest we be guilty of fan
ning the smoldering flame of
racial and religious prejudices.
We have made far too many ad
vances in the fi^ti^ of human
understanding to have it all un
dermined unnecessarily.
UNITED NATIONS NOTES
♦
By JAMES B. LAWSON
(Accredited UN Correspondent)
UN, N. Y.
World Council Of Churches
Five Africans participated in
the Council meeting. They were
Abauna Theophulus, Bishdp of
Harrar; the Rev. Abba Gadre-
Egziabher Degon; and Ato
Nengstan Le^una, all of Ethi
opia; and the Rev. Carl Henry
Clark and Mrs. Rena Caresa-
Smart, both of the Gold Coast.
Islamic Jtfissions Planned
TTie leaders of Africa, Pakis
tan and Saudi-Arabia have
planned a Moslem missionary
invasion of the African Conti
nent to compete with Christian
missionary invasion of the Afri
can Continent to compete with
Christian missionaries working
there. The evang^cal cam
paign waa decided upon in JAec-
ca earlier' this month at a meet
ing of Premier Ganial Abdel
Nasser of Egypt, King Saud of
Saudi Arabia, and Prime Minis
ter Mohammed All of Pakistan.
Debates Proposed For Assembly
Coming events of the ninth
General Assembly, scheduled to
begin September 21, were fore
shadowed by proposals for as
sembly debate from Greece,
Indonesia and Burma. Greece
proposed to the Assembly that
the inhabitants of the Mediter
ranean Island of Cyprus be
given a chance to decide their
own political future. Indonesia
asked for a discussion of her
claims to the Western half of
the Island of New Guinea, Bur
ma asked the Assembly to take
up the question of several
thousand Chinese Nationalist
soldiers who have allegedly
been plundering North Burmese
territory.