North Carolina Newspapers

urn NEU VEARI Seriala Department Utilv. HG-Chapel Hill WiIsonLibrary 024-A ChapelHill.riC 27514 USA 7 i '; 7 6 H 75 iPlJBLIiHEIi EACH THURSDAY! THE CAROLINA INDIAN VOICE POST OFFICE BOX 1075 ^^Bnilding Commiiaicatlve Bridges In A Tri'Rncial Setting*’ i 'H-?'™ sTOi Nomsi coai^^ 'll EDUCATIONAL CHICKENS COME HOME TO ROOSE IN OL’ ROBESON Bruce Barton ROBESON COUNTY-A Biblical pas- lage put it best: bread thrown out on he water will come back to you. The lefy Malcolm X of Black Muslim fame vas chastised severely for suggesting hat a plane crash in which a number of Americans were killed a few years ago was the result of chickens coming home to roost. We, of course, disavow any agreement with Malcolm X's posturing about that ...he was killed himself some years later as the result of an internecine feud within his own black nationalist group. But the educational chickens are finally coming home to roost in OF Robeson. One cannot mistreat another without being aware of the universal maxim that states firmly and resolutely that one will indeed reap exactly what one sows. Robeson County is on the brink of economic disaster ig the five school systems; a federal lawsuit by a number of Robeson County parents have charged racial discrimination and have called for one school system. The lawsuit, filed by Hoke County attorney Phil Diehl, asks for an end to the poor quality of education in Robeson County. The law suit charges dupli* cation of services, poor use of the tax dollars earmarked for the schools, the perpetuation of racial segregation, arti ficially contrived school district bound ary lines, and “tokenism” in the place of true integration of school students and faculty populations. BY BRUCE BARTON Robeson County and several of the political subdivisions therein have been formally notified that they are in violation of the Federal Voting Rights Act of 1965. This notification came after a three-man team fix>m the Civil Rights Division of the Department of Justice visited the county several weeks ago. Included in the team was Dennis Ickes, Director' of the Office of Indian Rights. Robeson is one of thirty-nine counties in North Carolina covered by the Act, and its inclusion was due to past discriminatory practices in' the area of voting. Basically, the Act provides that before any change in voting law or procedure different from that in force on November 1,1964 can be enforced, such change moat be submitted to the Attorney General of the United States for approval. The Attorney General is required to disapprove the change ■nleas he can make a determination that the change will not have a negative effect on the voting power of minorities. The Act includes such things as annexations to municipalities or school ^stricts, re-apportionment, deletions of roving regis^rs, and changes in the location of polling places. Instead of being merely “technical” violations of the law, as was reported in the local press, the Department of Justice seems to feel that very seriooi violations of the law have occured in Robeson County. The chief responsibility of making submissions of proposed changes in voting law rests with the chief legal ^cer of a political subdivision. In the case of Robeson County this would be County Attorney Joe “Pete” Wjuti. Ward was quoted in the Robewnian as saying that he “cannot find anyone who was notified” that these submissions were his responsibility. Said a political entity, “Ignorance of the law-especial- ly for a lawyer-is no excuse. A lawyer who does not know the law is not of much value to his client.” In any case. Ward served on' the County Board of Elections before he became County Attorney, therefore, he should know that several letters discussing the Voting Rights Act were located in the files of the Elections Board. PEOPLE AND PLACES AND THINGS The lawsuit has played havoc with the school bond monies approved by county voters in 1979. After the sale of half the bonds ($8 million), the other portion (another $8 million) was put on "legal hold” until the suit is resolved in U.S. District Court in Fayetteville. Federal Judge Earl Britt and Robeson County Schools attorney Dexter Brooks involved In 1974 Justice Department investigation of Voting Rights violations Irony plays a part in the educational debacle Robeson County now finds itself in after years of racial discrimi nation by all racial groups in Robeson County. The federal judge in the eastern district of federal court is Earl Britt, a legal foe for years against those who espoused breaking double voting. Dou ble voting was an evil political device whereby voters residing within one of the then five city school systems voted on their own respective boards of education and then, if one can believe it, were allowed to turn around and vote for the make up of the Robeson County School System's (where the majority of the Indians and blacks-lived) board of education. They, in effect, “voted twice.” Dr. Martin L. Brooks, in a losing effort (he was beaten by the double vote system) in the early 60s for a seat on the Robeson County Board of Education was one of those who coined the phrase, “double vote.” The device barred Indians or Blacks from taring enough votes to be elected to the County Board of Education. Fairmont submission made in 1971 The only submissions received from Robeson County under the Act were for the Town of Fairmont in 1971. These were filed by W. Eari Britt who Is now representing the defendants in the double-voting case. Mr. Britt also represented the Fairmont City Board of Education in the so-called “Prospect Suit” of 1970. The papers filed in that case mentioned a 1969 annexation to the Fairmont School District, but this annexation was never submitted to the Department of Justice. Why? Under the Voting Rights Act, annexations of predominately white areas are generally not approved. Thus, it is to be noted that submissions of proposed changes in the law does not bring the affected political subdivisions into “compliance,” but only starts the process by which the Department of Justice must scrutinize the proposed change as to its effect on the voting power of minorities. Until this process is complete, the new law cannot be enforced. Among the changes being investigated by the Department of Justice are the several annexations to the Lumberton School District during 1967-71. Some five local acts were introduced in the General Assembly by past Senator Hector McLean and /present Senator Lather Britt' of Lumberton. None of these acts were submitted to the Department of Justice for approval. Under Federal law these annexations must be scrutinized as to how they dilute the voting i»wer of minority people already within the school district. Since the affected areas are almost totally white, approval seems doubtful to say the least. Disapproval would throw the Oybom Pines, Lake- wood Estates, and Forest Acres areas back into the County School District. Also under investigation are the predominately white areas, such as Mayfair, annexed to the City of Lumberton. It might be noted that as the purpose of the Voting Rights Act is Finally, in the early 70s, the federal courts threw out “double voting” in Robeson County ruling that the device “discriminated against” and diluted the vote of the county resident who resided within the voting confines of the county school system. On September 12, 1974 The Carolina Indian Voice ran an article entitled “Massive Investigation of Robeson Underway By Dept, of Justice...” The article noted... Now, as noted in last week’s issue of The Carolina Indian Voice, the Lumbee River Legal Services, Inc. quartered in Pembroke and the American Civil Liberties Union located in Atlanta, Georgia have combined their legal forces to charge the. Lumberton City Board of Education with violating the Voting Rights Act of 1965 by annexing the questionable areas even though the U.S. Justice Department has objected to them on the grounds that they are racially discriminatory. Will Judge Britt Remove Himself From the Case? Now that Earl Britt is a federal judge he finds himself answering some of the legal questions that he raised when he an attorney representing the Fairmont School System and Robeson County. Britt obviously will have to excuse himself from any deliberation of either of the law suits now in the court: (1) the suit calling for one school system and (2) the suit charging Lumberton with violating the 1965 Voting Rights Act. It seems, from oui investigation of the matter, that Britt, when he represented the Fairmont School System and the county, was also guilty of violating the 1965 Voting Rights Act. The Fairmont Annexation covered about half of predominately white Sterlings Township in 1969. Again, whites seemed desperately to be trying to get out of the predominately Indian to protect the voting rights of minori ties, annexations of predominately Black or Indian areas-such as the one in South Lumberton-would be upheld by the federal authorities. Senator Lather Britt is Lumberton City Attorney, thus he is responsible for the submissions required under the law. The Department of Justice is also investigating the legality of the seat on the Board of Commissioners now occupied by Sam Noble/ of Lumberton, Chairman of the Board of Commis sioners. This seat was added to the Board by the 1967 General Assembly, but the act was never submitted for approval. It might be noted that under the present set-up. the County Commis sioner Districts do not meet the “one-man, one-vote” guidelines of the United States Supreme Court. With a total population of 84,842 (1970 census), ideally each commissioner should repre sent 12,120 people. However, Maxton- Pembroke with 14,738 people is the most anderrepresentated by 21.6%, and Rowland with only 7,561 people is the most overrepresentated by 37.6%. This gives a total percentage deviatiob- of 59.2%, while the Supreme Court will generally approve only 10%. Further reapportionment would seem to be necessary before the 1967 reapportion ment (which benefitted only Lumber- ton) can be approved. Federal disapproval will remove Sam Noble from the Board. non- Compliance penalties severe Penalties under the Voting Rights Act are severe: “Whoever shall deprive or attempt to deprive any person of any right secured by. . .this title. . .shall be fined not more than 55,000, or imprisoned not more than five years, or both.” Among the persons in Robeson receiving letters from the Department of Justice are Ray Revels, chairman of the County Board of Elections: Julian • Ransom and Washington Hawkins, members of the Elections Board. law student responsible for research The investigation and legal research which led to Department of Justice interest in Robeson County was done by a local Lumbee Indian, Dexter Brottits of Pembroke while a summer employee at the. Justice Department. He returned to Robeson after earning a masters degree with high honors in mathematics from North Carolina State University in 1971. Since that time he has become well-known in Indian circles for his political-legal analytical ability. Brooks earned a reputation as a strategist during the Save Old main Movemeot, and later became interested in legal research with the efforts to break double-voting. His research dis credited the pro double-voting opinion written by James Bullock, a former resident of Lumberton and a member of former Attorney General Robert Morgan’s staff. Now a second-year student at the prestigious University of North Caro lina School of Law, he also serves as a member of the Legal Team of the Task Force to Break Doable-voting. These revelations of violations of the Voting Rights Act are only the latest in a series of inequities unearthed by the energetic young Indian. When asked by the Carolina T«Han Voice to discuss the situation, Brooks replied that he was “no longer an emplpyee of the Department of Justice,” and that “further questions concerning the enforcement of the Voting Rights Act should be addressed to Ihe Civil Rights Division of the Department of Justice.” School District. Fairgrove School was actually built by the county board of education within the Fairmont School District so the school had to be de-annexed (in other words, the powers that be took Fairgrove, the Indian School, out of Fairmont, the white school precinct) before HEW closed the school lines in 1970. However, only Fairgrove School itself wa.s de-annexed leaving large numbers of Indians -trapped within the Fairmont School District. Thus Fairgrove sits less than full while the Fairmont schools are overcrowded. None of these changes were submitted to the justice department as demanded by the 1965. Voting Rights Act. It seems that Judge Britt was guilty of breaking the law himself so it seems reasonable to assume that he wUl excuse himself from ruling in either case now before his court. Dexter Brooks Involved in Irony of the Moment Dexter Brooks, the brilliant young Indian attorney, who now represents the status quo Robeson County Board of Education, finds himself in the un comfortable position of defending against legal arguments which he himself is mostly responsible for raising. Brooks,is involved in the irony of the moment. It was Brooks who uncovered the violations of the voting rights act; it was his basic research which led to the breaking of double voting. And Brooks, of course, is considered the “founding legal father” of Lumbee River Legal Services in Pembroke. As school board attorney for the county school system, Brooks might find himself responding to some of the legal questions he raised in the early 70s. Emancipation Proclamation Day Observance The Annual County-wide Celebration of the Emancipation Proclamation sponsored by the Robeson County Black Caucus will be held Saturday, January 3, 1981 at the Lumberton Junior High School, at 12 noon. The occasion will mark the 116th Anniversary of the Proclamation issued by President Abraham Lincoln, de claring that slaves then held by the several states were and henceforth set free. Dr. Charles A. Lyons, Chancellor of Fayetteville State University, will de liver the address. Mrs. Novella T. Whitted, Program Chairman will preside. Dr. E.B. Turner, Caucus President states that the County-wide Observance will focus on several county-wide features and that he expects 500 persons to attend the celebration; Named Acting Director of Lumber River COG Dr. Vic Josephs has been appointea as acting director for the Council of Governments representing Robeson, Scotland. Bladen and Hoke Counties. Josephs, 35 and a former resident of Charlotte, has been liie local COG regional planning director since 1975. He was appointed to the post Thursday night by the full council, representing four counties and 20 cities and towns. WATCH NIGHT SERVICE PLANNFn AREA HIT BY LIGHT SNOWFALL rLAiNWbD A joint Watch Night Service will be Light snow began falling across Robeson County about 5 a.m. Saturday Deceiuber 31, 1980 at 10-45 o m The and by daylight a thin blanket had service will include a worship service aecumulated on lawns, fields and fellowship. The three bndges. churches joining in this setVice will be -ru M 1 *1. c • Hopewell Methodist. Pleasant Grove The National Weather Service said Methodist and Fair.iew Methodist bT' N . Chruch. The Revs. Sam Wynn, Andrew Eastern North Carolina threatening to g blanket parts of the coast and coastal ^oods will be in charge of the service, plain With up to three inches of snow special music will be rendered by the and creating hazardous driving condi- Hopewell ini Pleasant Grove Methodist Churches. The snowfall came too late to give the area a white Christmas, but The public is cordially invitedto attend gladdened the hearts of children still * + out of school for the holidays. i-rtiiriS 11112.5 The snow and frozen rain was caused AppCftl by a low pressure throug that moved * * I ’ * up the coast from Georgia and South ,,, cu-, .4- * C^olina Locklear, project director of Lumbee Regional Development As- j -au c ■ sociation’s (LRDA) Community Food The ram, mixed with some freezing . .. ,/i-r c m d ( d e.™ • fa u j fb f ni j j and Nutrition Project (C.F.N.P.) deem- rain, first reached Duphn. Bladen, and , c , r j e a- • M f 1- ed It our most successful fund Sampson bounties m North Carolina 4 the weather service said. Freezing rain was also reg;^rted Friday evening at Charleston, SC. a ■ 1. • an expression of love from the com- The snow, up to an inch in »me areas g „ ,by „ of the eounty, lingered Sunday but by .gj, late afternoon had melted away...going .-.u * a f , ... ... -a u j while Chnstmas appeal, away almost as quickly as it had come. BOOSTER CLUB TO MAKE Those responding to date are: CONTRIBUTION Acknowledged $1182.40 The now defunct Prospect Booster Club officers are making plans to Eh^n Sampson $10 dispose of the remaining monies in the Senator Sam Noble $25 treasury. Plans are to contribute the Prospect Jaycees $10 monies to the athletic department of Commissioner J.W. Hunt $25 Prospect High School. If there are any Anonymous $300 members who have any objections, they SNB: Fairmont S5 are advised to contact: Pat Baker, Waccamaw Bank: Fairmont $20 treasurer; Pauline Locklear, secretary Lumbee Bank (food) or Varsar Bullard, president. Noah Woods, Oxendine School (food) Rev. Bruce Swett., S25 Joe Freeman 510 ^ Mr. Bowman 525 Anonymous 525 Bessie Henderson 55 Lacy Bell 525 Received to date $1692.40 Christmas is a special time of the year; the time of the year when we celebrate the birth of our wonderful Savior-- Jesus Christ! The Carolina Indian Voice thanks each of you sincerely for your expression of love in giving to this wonderful and people helping organization. For those of you who wish to help throughout the year ...simply write... ^ Lumbee Regional Development Assoc. Community Food & Nutrition Project Ifil (C.F.N.P.) Post Office Box 68 ADOLPH DIAL Pembroke. North Carolina 28372 Adolph Dial leads Speculation for Vacant House Seat ROBESON COUNTY-At press time no be because the committee members of replacement had been named for the legislative committees 0 e Horace Locklear, who resigned to the respective democratic parties vo amazement of the political world in “weighted” votes of 300 peop e per in Robeson County. their respective counties. Since Ko e- son County’s size and vote gives them But Adolph Dial, now head of PSU’s the majority of the votes cast it is Indian Studies Department, leads the considered a certainty that t e speculative list of the political brokers in ment for Locklear will come Robeson County. Robeson County. Dial's name heads most of the political Robeson County’s committee mem lists although others surface from time bets are Wyvis Oxendine. an n a . to time like Ruth Woods, the hard and Landa Gaddy, a black, working head of Robeson County Herman Schools’s Indian Education project; O. Local reports indicate tha Tom Blanks, Ronald Revels and others! Dial, the chairman of t e 0 County Board of Commissioner, couW The legislative district which makes up have had the post for t e the house seat is comprised of Robeson, demurred saying. ^ . ,^5 " Hoke and Scotland Counties. But more for my ” L] a're Robeson County will probably deter- Herman Dial and Ado p mine who 'Locklear’s replacement will brothers.