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House CofflmHtee Cuts Attacked
CIVIL RIGHTS BILL "LEAN SHADOVr
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VOLUME 3S—NUMBER 33 DURHAM, NORTH CAROLINA, SATURDAY, AUGUST IS, 1959 PRICEi IS CENTS
HEARING SCHEDULED NEXT WEEK
U.S. Judge Nominee Hit
"Afraid To Trust*
Him In Court,"
Barnes Declares
“t am afraid to truff the fate of
my people in the hands of Mr.
Butler in a courtroom.” •
This was the «omment of a
leading Negro Republican ' this
week on the nom^tion of Al
gernon Butler to bfecome federal
judge for the eastern district of
North Carolina.
Hearings on Butler’s nomina
tion by the Senate Judiciary Com
mittee are expected to be held
next wek.
Butler was picked by President
Eisenhower to succeed the ailing
Don Gilliam who sat on the fed
eral bench in North Carolina’s
eastern district for the past sev
eral years.
Barner «aid Eisenhower's choice
of ButU «s “not only unfortu
nate but a moral monstrosity and
4 political blunder/’
*'(!( is another case,” Barnes
laid, of “the Presiden^ ^tng oiis-
infornied.”
'' A ' Raleigh hewipapsfman,"'
Barnes said Butler'has “not prov-'
on his ability to deal impaitially
with matters pertaining to Ne
groes.”
“I am a Republican but a Negro
first, and I shudder to think what
will happen when a question of
Negro rights has to be decided by
Mr. Butler. 1 am afraid to trusjl
the fate of my people in the hands
of Mr. Butler in a courtroom.”
Barnes declared that he will
appear before the Senate Judi
ciary Committee to protest the
appointment. He said he will ask
the National Association for the
Advancement of Colored People
' “if necessary” to fight the ap
pointment.
North Carolina’s two Senators,
Everett Jordan and Sam Ervin
both expressed their intention to
to refrain from opposing Butler’s
nomination.
The appointment to the federal
bench is for life and carries a
$22,500 salary per year.
S^rs. Mary Shepard Succumbs
In Atlanta; Funeral Thursday
MRS. SMITH
Funeral Rites
For Mrs. Smith
Held Wednesday
Mrs. Maggie Jeanette Smith, one
of Du^^am's most woll-known
citiMns,
Siitiiaiy aftcl' a brief illness.
was 87.
Funeral services were scheduled
to be held at White Roek Baptist
Church on Wednesday afternoon
August 12, at three p.m. The Rev
Miles Mark Fisher, White Rock
pastor, was to officiate. Burial ser
vices were set for Beechwood cem
etery.
Mrs. Smith had been admitted
to the hospital on Friday,
Born in August 14, 1871 in Hills
boro, daughter of the late Mrs.
Sallie Pine Bait^,, Mrs. Smith
moved to Durham with her family
at an early age.
She joined White Rock Baptist
Church when she was 12 and later
became a pioneer in many of the
Church activities.
During her years of young wo
manhood, ^e was a practical
nurse and a seamstress.
In 1887, she was married to the
Payton H. Smith, of Spanish
American War fame. Smith was
(St* MRS. SMITH, Pag* 8)
ST. JOSEPH’S SETS NEW OPENING
Principal In Chapel Hill School
Controversy Taught In Durham
Stanley Vickers, 11 year old
Carrboro student who has be
come the center of a broiling
controversy In the Chapel Hill
school board received his first
formal instruction at St. Jo
seph’s AME Church Nursery.
The rejection of an applica
tion by Vickers’ parents to have
him reassigned to a white
school in Chapel Hill this year
precipitated a split in the board
and the resignation of one of
the board’s most influential
members. Dean Henry Brandis
of the University of North Car
olina Law School.
At the beginning of this week,
negotiations appeared under
way to heal the split and pre-'
pare for Dean Brandis’ return
to the board.
,y, The UNC Law School Dean
had termed, the board’s action
“legally and morally indefensi
ble.”
According to Dr. Molvin C.
Swann, pastor of St. JoMph'i
•nd lup^rvltor of th* Nurtory
xhool. youni^^ Vkkori appoarotf
to^av* an "I.S." well at>ov*
normal during hit training at
the church nuriery tchool.
The la.st rites for Mrs. Mary
Holbrook Shepnrd, widow of Dr.
Charles H. Shepard, will be held
.at St. Joseph’s A. M. E. Ciuirch,
Thursday, August 13, at 3:00 P.M.
The Rev. Melvin Chester Swann,
pastor, will officiate.
Mrs. Shepard died at Uie home
of her daughter, Mrs, Dorothy
Shepard Manley, o£ Atlanta, Geor
gia, Tuesday, Auijust 11. The body
will be shipped here and will
lie in state at St. Joseph’.s from
noon Thursday until the time of
the funeral.
She was born is Spray, North
Carolina, but at an early age
moved to Danville, Virginia, She
attended the In.’lcside Seminary
of Burkesvillc, Va, The school was
later merged wijh Scotia Semin
ary at Concord,
In 1905 she married to Dr,
George Adams, who at the time
was a member of the faculty of
Killreil Collese. The couple moved
to Durham in 190B when her hus
band bpcamc cashier of the Mec-
S? ifi8 Pas|(ie^ Bkhlt. tilt.
Adams died in 1918,
She was married to Dr. Shep
ard in 1921, He succumbed in
1#35,
For a long number of years
Mrs, Shepard was a member of
St. Joseph’s A.M.E. Church where
she held the position of president
of the Senior Stewardess Board
MRS. SHEPARD
MOTHER OF NINE
Awakens
To Find
Son Dead
A Durham mother on nine
awoke Tuesday morning to find
ler seven month old son, Ronnie
Jjce Burnette, dead.
Mrs, Zella Burnette, of 308 Red
3ak Drive, said her son, who slept
jvith her, was a very active child
ind had appeared in good health
on the previous night.
She said he displayed no signs
of illness and could not discover
mmediately what had caused his
leath.
The infant was rushed to Lin-
:oln hospital early Tuesday, but
was pronouned dead on arrival.
{''uneril arrangements were not
complete at press time.
The youngster is survived by
■is mother, five sisters, Barbara,
Lois, Peggy, Iris, and Phyllis; and
four brothers: Kelly, Andrew, Har
old and Darcell.
O
LITTLE ROCK MOB
IS DISPERSED
LITTLE kOCK, Ark.—Police I
copad with • mob of pro-s«gre-
gationiftt who moved on Cen
tral high tchool today where
on* Negro was tcheduled to en
roll in the all-white school.
RAL
until her health failed. Up to the
time of her illness she had also
held the position of treasurer of
the Women’s Missionary Society
of the Western North Carolina
Conference of the A. M. E. Church,
later serving as its president,
which position she held until her
health failed.
Surviving are one daughter, Mrs.
Dorothy Manley and one son-in-
law, Dr. Albert E. Manley, presi
dent of Spellman College, Atlanta,
Georgia.
Interment will be at Beechwood
Cemetery.
He was first taught by Mrs.
Hattie Jenkins, veteran public
school teacher and currently di
rector of the church nursery.
Mrs. Jenkins and Mrs. Mil
dred Amey are in charge of the
first grades at the nursery.
According to Swann, the nurs
ery is preparing to receive its
largest class at the beginning
of its new term in September.
Last year, its average enroll
ment was 84 pupils.
The school was licensed by
the-city to operate a Day nurs
ery and kindergarten seven
years ago. Swann pointed out
this week that it is the largest
church-related nursery in the I
city.
Dies in Cave in
RALEIGH—Eugene Rogers, 30-
.rear-old laborer of 1411 Pender
Street, was suffocated to death
ruesday when he was buried alive
n a cave-in of an 18-foot sewer
HJ^h in which^ he. w^s^working.
Two others, trapped inside the
litch with Rogers when the cave-
(See CAVEIN, Page B)
MRS. JENKINS
MRS. AMEY
Platters Pinched
Jo CiRcinnati
On Vice Charge
ClNCINrJATl—Four members
of “The Platters,” a rock and
roll vocal ensemble whose ar
rangement of an old popular
standard sold over a miiion
copies, were arrested here Mon-
day on a vice charge. "
They were charged with aid
ing and abetting prostitution.
Four 19 yoar^ld girlt, throe
white and one Negro, wore al
so arretted alons with the mu-
ticiant in a raid by vice M|uad
police on the downtown Shera*
ton-Gibson hotel.
Members of the “Platters”
booked, according to police,
were David Lynch Jr., 30, and
Tony Williams, 31, of Holly
wood, Calif.; Herbert A. Reed,
31, of Los Angeles, and Irving
Robi, 26, of El Centro, Calif.
The "Platters" recordod an
arrangement of "Smoke Gets
in Your Eyet," which told over
a million copies thlt tprlng.
The entire group consists of
five singers, four men and one
woman. ^
They had been appearing at
the Copa Club in nearby New
port, Ky. when the arrest was
made.
NO SCHOOL: SEND
PUPILS 40 MILES
BURNSVILLE—There it no Ne
gro school in Yancey County, to
county authoritlM have complet
ed another arrangement to thip
each day Negro tchool children of
tho county 40 milet away to Ashe
ville to school.
There are tomo 33 Negro pupilt
of tchool age In the county. They
have received thir formal train
ing in thit manner In tho patt
several yeart.
However, thit year parentt of
n of the children have made a
protest to the policy and have
atked for admittlon of their chil
dren to the while—and only—
school in the county.
The Yancey Board did not act
on the requett, but Instead com
pleted the utual arrangement
with the Atheville tyttom.
Attorney Ruben Daly, repre
senting the 27 parentt, declared
that the parentt will not allow
their children to go to the Athe-
ville school thit year, and will,
instead, seek admittlon to the
white school.
iie fac
“A gr
tinued,
A PRIZED CATCH — MISS The-
rota Gibton, right. Canton, N.C.,
appears genuinely thriHed at
she demonttralet her fithing
tkill to Mitt Pritcilla Lutxe,
Hickory, both ttudentt at AAT
College.
The scene is from one of the
Two recreation lakes at the mo
dern AAT College ^-'rm. The
laket were developed as projects
of the Biology Department for
itudy of marine life.
Congress Deserts
Race On Issue,
Wilkins Claims
NEW YORK —TIm chril ricMi
bill which hat con« wit of tte
House judiciary committee wm
call "a lean shadow of the legis
lation Congress should enact” by
the NAACP this week.
In a telegram to Rep. Emanuel
Celler, (chairman ot the Houee
judiciary committee, NAACP
EUcecutive Secretary Rojr Wilkina
iTgerl that sections deleted from
he bill by committee action be
restored on the floor and thankevl
Rep. Celler for his prmniae to try
o strengthen the bill by re-i»-
troducing the omitted sections as
imendments.
The NAACP Execvthf* Secretsry
lharacterind the raciel iHeetiw
n the country as **dotertorattnt**
nd asserted: "under ttm cloer
notification that thmy are being
ibandoned by the Csinreta, Nsyre
citizens have grewn cynical and
are mere restive than at any Nine
in the past decade.
They believe that if our eoon-
try wants jusUce and peace in the
world it should begin with justice
and racial peace at home.’'
The striking out of the section
giving the Attorney General ad
ditional civil authority in civil
rights cases “means tlut the Con-
,’ress is leaving Negro citiiens who
seek their ordinary citizenship
rights to the mercy of the states
which have denied these rights
(See LEAN, Pa*e ■)
ay The Wind Is Blow^
'^a\v two intellif:;eiit. highly respected and respec
table white cirfL^iis of Xorth Carolina resig’n from posts they
Iield bctouse appHi'eiitly they cuuld not square their'conscieiuts
with (rf »e>fregfltl^jiv|H-aCticert ifl th.^v
held. Th^ first was Dean Henry Hrandis of the Universttv of
Xorth CaCroina Law-Scliooi whu handed in his resignation as ai
member'Df tlie Ciiapel Hill .School Hoard when it refused to as-1
sig^n to a w hite school a Nc;n) pupil who had more than met
all tlie re(|uirenicnts. Dean Uranflis charged that the action t>f
the Boitrd was botii “legally and morally indefensible.”
The second involved that of a lifeguard of Macon State Park
at Morehead City who resigned his job when the park s
Raiigfey told an -cHerlj—rrhrtc^tmmt nut to bring her Negro
maid back to the beach. The white woman and her husband
had l)een sitting with the maid under one of the sun shel
ters on the beach. Siie and her husband are reported to have
(See THE WAY, page S)
MRS. GANT
President of Baptists Criticizes
NAACP for Action In Little Rock
Two NCC Law
Grads Pass
State Exams
According to information re
ceived this week, M. C. Burt, Jr., of
Hillsboro, and Wayne W. Perry, of
Durham, were notified that they
successfully passed written re
quirements of the North Carolina
Board of Law Examiners.
The two law students are both
gradUStfii of North Carolina Col
lege.
Approximately 175 law students
from the four North Carolina law
schools—at North Carolina College,
Duke, the University of North Car
olina and Wake Forest—and from
several out-of-state schools took the
three-day examination at Raleigh
last week.
Perrj' and Burt were notified of
their records on the examination by
mail early this week.
Perry is the son of Mrs. E. W.
Harris of 512 Umstead Street. He
received his undergraduate degree
from North Carolina Collge In 1952
and finished the NCC Law School
in 1955.
He began working for North Car
olina Mutual Life Insurance com
pany in 1955 and is currently em
ployed in the company’s Claims de
partment. He said he intends to
continue with the firm.
Perry is married to the former
Miss Patsy Brewington, and they
(So* PASS, Pag* I)
CHICAGO—Dr. Joseph H. Jack
son, president of the National
Baptists, delivered a rebuke of
the NAACP for its action in the
Little Rock School segregation is
sue this week.
He sharply criticized the NA
ACP for its “meticulous conten
tion for the letter of the law" in
the situation.
“The struggle for democracy in
education is not only a legal ques
tion but a question of achieving
constructive human relations and
goodwill,” Dr. aekson was uoted
as saying here this week.
“We must not sacrifice the lat
ter in a meticulous coi«Cention for
the letter of the Uw,” he report
edly said in a telegram to NAACP
Screttary Roy Wilkins.
The NAACP has filed a law
suit challenging the Little Roek
school board’s placement of no
more than six Negroes in high
schools which were previously all-
white.
Business School
To Hold Finals |
Program Sunday I
The' annual Commencement ex
ercise for Southeastern Business |
College will be held at 3:i)0 p.m.,’
Sunday, August 16 at Covenant
Presbyterian Church. |
Guest speaker for the occasion ^
will be Mrs. Mary W. Gant. Gen- j
eral Supervisor of Oxford City |
Schools, and outstanding Civic, i
Social and Religious leader. |
Mrs. Gant received her Bache-1
lor Degree from Shaw Univ^sityi
and her Master of Education De-|
gree from Atlanta University, she I
has done post graduate work at I
Northwestern University; Colorado
University; Duke University; and|
is currently enrolled at the Uni- >
versity of North Carolina. |
Others scheduled to appear on
the program are J. W. Smith, pas-1
tor of the host church; J. L. Las-'
siter. Director of Educational Di
vision, Winston-Mutual Life Insur- ^
ance Company; Mrs. L. J. Stith.
Dean of the College; D. W. Stith,.
President of Southeastern; and
fffrs. Shirley J. Lyons, President of
Student Body.
Prosecutor of
Integrationists
Commits Suicide
LpmSVILUS, KX. , St»t«’»
Attorney A. Scou ilniftiMu. 4ft,
who gained fame by prosecuting
white integration advocates on se
dition charges, is dead He shot
himself in the heart with a pistol
ai his suburban home here.
Hamilton’s death followed a ser
ies of professional and political
reverses which began with his
prosecution of -the integrationists
in 1954.'
He obtained the conviction vt
Carl Braden on a sedition charge
after Braden and his wife Anne
helped a Ne^o family purchase
a house in a so-eall white neigh
borhood. However, Braden’s 15
-year sentence was set aside l>y
Kentucky’s highest court after
Braden had served eight months
in jail and prison.
Hamilton was then forced to ask
for dismissal of all charges against
'lie Bradens and five other white
persons who had defeated the
right of the Negroes, Hr. and Mrs.
Andrew E. Wade IV, to occupy
the house. This was in late 1904.
One of the persons harassed was
I. O. Ford, 80. who was kept ia
jail for six months. F(wl died last
year in California, and fridnds
were convinced that his death was
hastened by the long confinement
at his advanced age.
Advertisers
Digest
BY ALMRT ■. HART
STATE AGENCIES AROUSED TO CUSTOM
OF PLACING MENTAL PATIENTS IN JAIL
RALEIGH, —- “Placing a men
tal patient in jail merely delays
unnecessarily his admission to
a State HopsUal”, said Dr. Ellen
Winston, Commissioner of the
State Board of Public Welfare, in
commenting on the record of the
past year.
This commeni expressed the
-Wb are informed by Dr. Eu
gene A. Hargrove, Commissioner
of Mental Health of the State
Hospital Board of Control, that
there is no longer any reason why
any person who is a bona fide
mental patient should be held
in jail,” Dr. Wintson said.
In th* yaar *nding June 30,
concern of that agency and the 1W9, th*r* was a total of 1,2W
State Hospitals Board of Control ^jnental patients h*ld in M county
over the large number of'persons j |aiIt for periods'ranging up te
reported each month as being i 14 days. Th«s* included 509 whit*
held in county jails as mental i nr«*n, U7 whit* women, 349 Ne-
patients. igro 'men, and 194 N*gr« wemen.
FREE PASSES
PETER SUPIR HAARKITS
are nfferine PRIE PASSES to the
exciting fantasy meirie TOM
THUMB showing this coming Frt-
day and Saturday at the REGAL
THEATRE in Durham. To get free
passes for your kiddie or for a
present to a neighbor’s child, an
you have to do is shop at PETIR
PAN MARKETS, for each dollar
you spend you’ll get a bree kiddie
pass.
LUZIANNE COPPM is fast be
coming the most popular brand
in the South? The reason for this
is Ni delicious flavoa and eco
nomic price. Pick op a pound q|
this delicious coffee at WIL*
LIARD'S CUT RATI NURKET,
PETER PAN MARKITS, «UA.
LITY POOO SUPER MARKET,
CUT eftTC SUPER MARKET and
KEELERS POOO STQil. YoHni
be glad you did.
COKE BAROAIN Tt*--
You can get six bottles of coke
at WINN mXIE SU»RR MARKVTS
(See DI«IST. Peg* •)
1,