? THE CAROLINA INDIAN VOICE
post office box tars PUBLISHED BACH THURSDAY Pembroke, n.c. 3*373
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VOLUME 9 NUMBER 43 7 2Sr FEB COPT THURSDAY, OCTOBER 22, 1981
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LUMBERTON CITY SCHOOLS
FOUND "IN VIOLATION" OF
1965 VOTING RIGHTS ACT
...but Judge Earl Brltt and Co.
give* them until December 31
to straighten H oat
by Bruce Barton
RALEIGH-Now get this. In a decision
made public Monday a three judge panel
of federal judges (including Robeson
County's own Earl Britt and Dickson
Phillips and Franklin Dupree) found the
Lumberton Schools System "in violation
of the 1965 Voting Rights Act" for illegal
annexations into the jurisdiction of the
Lumberton City Schools. But, on the
other side of the legal coin, they decided
not to do anything about it except to
gently admonish them (the school sys
tem) to clear it (the illegal act) with the
U.S. Justice Department before "De
cember 31."
Soma Background
The suit was brought by Lumbee River
Legal Services, Inc. (quartered in Pem
broke) and the American Civil Liberties
Union in behalf of a number of citizens
who filed their complaint in federal court
last December.
They claimed that the annexations
known as Lakewood Estates, Barker Ten
Mile, Clyburn Pines and Country Club
into the Lumberton City Schools in 1967
I and 1969 were in violation of the Voting
Rights Act and had been formally
objected to by the U.S. Attorney General
dn 1975. Since 1975, the Lumberton City
Xchool Board has sought on three
separate occasions to have the objections
removed. The U.S. Attorney General has
steadfastly refused to remove his ob
jections, the latest refusal being in April,
1981.
Julian Pierce, representing Legal Ser
vices, and Laughlin McDonald, repre
senting the Civil Liberties Union, had
argued that the U.S. Attorney General
had found that these annexations had a
discriminatory purpose in that the school
boundary lines were drawn in a con
vuluted and meandering fashion to
exclude Indians and Blacks in order to
permit white students in these annexed
areas to attend predominantly white
Lumberton City Schools. The defen
dants. the Lumberton City School Board,
represented by John Campbell and
Osborne Lee, conceded that the U.S.
Attorney General had objected to the
annexations as discriminatory. Judge
Phillips stated that the defendants, the
Lumberton City School Board, should
have received approval from the United
States Department of Justice before
annexing these areas. The Lumberton
City School Board, instead, went ahead
and annexed these areas in violation of
federal law.
Lumbee River Legal Services and the
American Civil Liberties Union argued
that the annexations should be decreed
null and void and that voters residing in
the Lakewood Estates, Barker Ten Mile,
Clyburn Pines, Country Club areas not
be permitted to vote in the Lumberton
City School Board elections.
Alas, the federal judges (political ap
pointees for life) simply decreed that the
Lumberton City Schools had until De
cember 31 to "pre clear" the illegal
annexations with the justice department
or they would, at some unspecified time,
take some unspecified further action. In
the mean time Lumberton will be allowed
to hold the school board elections in
November as planned. However, the
judges did spell out provisions for a
special election if the Lumberton Schools
do not come into compliance with the
1%S Voting Rights Act by December 31.
The reaction of the attorneys in th
case seemed to indicate who really who
won. Osborne Lee, Jr., one of the
attorneys for the Lumberton Schools,
was quoted in the Fayetteville Observer
as saying, "We think they took the pro
position that was put forward by the
school board and reacted favorably to
it."
Julian Pierce, one of the attorneys
representing the plaintiffs, simply ex
pressed "disappointment" at the ruling
and indicated that it would be appealed.
An Indian punster had the last word on
the matter. "It's like it's always been.
The law is written and interpreted to
uphold the rights of the "big boys' over
the little folk every time."
An anology is, 1 suppose, like the story
of the thief who takes something from his
neighbor and is patted on the back for it
if he will return it in due course...
after he gets all the good out of it.
And, finally, a number of people have ?
questioned the propriety of W. Earl
Britt, one of the federal judges, parti
cipating and, seemingly from a reading
of the transcript, taking an active role in
the case. Britt, a Robeson County native,
was intimately involved in both the
infamous "double vote" suit and "Pros
pect" suit, both forerunners of this one.
Britt represented Robeson County as a
defender of double voting and also was'
party to questionable annexations by the
Fairmont Schools when he served as
attorney for that body in the late '60s.
Ronnie E. Hart
Incumbents returned to
LREMC Board of Directors
RED 5PRINGS--Eour incumbent di
rectors of Lumbee River Electric Mem
bership Corporation were re-elected at
the 41st Annual Meeting of Members
held in Pembroke on Tuesday night, Oct.
20.
Elected by acclamation when no chal
" lengers registered their opposition were
At-Large director Rev. Elias Rogers and
District 7 representative Harold Dean
Brewer.
Winners in the two contested elections
were Bradford Oxendine and Marciej
Lowery. In the District 3 race, Oxendine
defeated challenger R.D. Locklear 270
258. Mrs. Lowery gathered 288 votes to
241 for Frank Jacobs, Jr. to retain her
seat representing all of Scotland Countv.
In an organizational meeting immedi
ately following the elections, J.W. Hunt
of Fairmont was elected President of the
Board for next year. Bradford Oxendine
will be Vice President, Marciea Lowery
will serve as Secretary and John Paul
Jones is the new treasurer.
Some 730 members and more than
1,100 persons attended the meeting,
held at the Pembroke State University
Performing Arts Center. Lillie Mae
Brewington of Route 6, Lumberton won
* the grand prize of a S200 credit on her
power bill.
Lumbee River EMC holds its Annual
Meeting each year in October as
required by the Bylaws of the rural
electric cooperative.
um MM h*. Ihm
pMi pita* <1 ? MM ??* ?
hsv p*?? Ml Amu as LUMC Maff?r.
I
DEMOCRACY ASSERTS
ITSELF AT LREMC
ANNUAL MEETING
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t O \
Brace Barton shown addressing the
members of LBEMC at their usui
meeting Tuesday night.
by Brace Barton
PEMBROKE-Said an annual observ
er. "Finally. I saw a little bit of demo
cracy in action." He was referring to a
motion presented by this writer and
adopted by the membership at the
aitnuu. meeting of the Lumbee River
Electric Membership Corporation Tues
day night at PSU's Performing Arts
Center.
The motion read, "that the mem
bership go on record recommending that
the board of directors of Lumbee River
Electric Membership Corporation open
the meetings of the rural electrification
co-op to any member who chooses to
attend. . subject to the provisions of the
Open Meetings Laws of North Carolina."
After initial resistance from Bill Crisp,
the lawyer representing the co-op and
chairing the meeting, the resolution was
passed unanimously by the membership.
What it means U that the board of
directors, if they listen to the consumers
who elect them each year. will, at their
nest meeting prababtv, erne to open the
/ueetMg?\ <f the quasi-public co-op to any
consume/ wh^ <<tatf.es to attend. The
, question fcs: will they? h is obvious by the
enthusiastic response Tuesday night that
the consumers wish to know more about
what is happening at "their" co-op.
Presently board policy denies the
members who "own" the co-op the right. m
to attend meetings of the board of
directors except that "up to three"
members may request to appear on the
agenda to discuss specific complaints or
concerns. At the present time no
member is allowed to attend a meeting of
the co-op even though they presumably
"own" it.
What preclpated the motion?
Approximately a year ago the Lumbee
River Electric Membership Corporation
dropped trespassing charges against
Bruce Barton (this, writer), editor of the
Carolina Indian Voice, who refused to
leave an October 21, 1980 meeting.
Red Springs District Court Judge
Charles McLean granted a request by
LREMC general manager Deri Hinson to
dismiss the charge against Barton.
Barton arrived at the closed LREMC
board meeting hoping to obtain infor
mation on an alleged discrimination
complaint against the co-op. When he
refused to leave, he was removed by Red
Springs police and charged with tres
passing.
Hinson said later that the co-op does
not wish to press criminal charges on a
matter that can be resolved through "a
civil action."
He added that the LREMC board has
"for years chosen to hold its delibe
rations in private."
Barton maintains that the LREMC is a
public organization because it has re
ceived federal loans. He says he also has
a right to attend board meetings because
he is a member of the co-op who pays for
its electric services.
"The question or issue that was raised
by this had to do with the open meetings
law." Hinson said. "That can be
pursued very easily through a civil
action. The co-op doesn't have any
interest in pursuing something criminal
ly if it can be handled by a civil action."
Hinson added. "We don't have any
interest in pursuing the matter that way
at all."
Hinson said that if Barton attempts to
attend another board meeting. "We'll
cross that bridge when we get to it." He
said, however, that any further decisions
to bar the editor from meetings would be
decisions of the board members.
The question is sure to come up at the
neat meeting of the LREMC board. I
sincerely hope that the members will be
?Mowed to attend meetings of the co-op.
especially since they own H and have
always conducted themselves in ??
orderly fashion. But who oan foretell the
IiiIism9 fnieaiiilL ??* ikia MlUla*
vv WW; kfvisivviy noi mi is w i iisr.
Ronnie Hunt named
Assistant General manager at LREMC
4
RED SPRINGS--Ronnie E. Hunt of
Pembroke has been named Assistant
General Manager of Lumbee River
Electric Membership Corporation based
in Red Springs.
An employee of LREMC for just under
five years. Hunt assumed his new
responsibilities in September. Prior to
the change, Hunt had been Manager of
Office and Staff Services.
A 1973 graduate of Pembroke State
University, Hunt completed the require
ments for a B.S. degree in Business
Administration with emphasis on ac
counting, business and management. He
graduated from Fairgrove Hig,'h School in
1%5. j.
Before coming to LRE^IC, Hunt
worked for Southern National Bank in
Lumberton as Operations He
joined LREMC on January 27, 1W? and
assumed the position of Manager of
Office and Staff Services early in N79
In his new position. Hunt will assume
additional liaison, administrative and
executive duties.
Ronnie is married to the former
Catherine Loretta Hunt of Lumberton
and they have two sons: Corey. 2 and
Chad, 6 months.
P.S.H.S. WARRIOR
' OFTHEWEEK
by Stevt Tyner
Sponsored
by
O
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GARAfif
ft TIE!
SERVICE
The Pembroke Senior High
Warriors moved up to the
11th position in the state 3-A
polls as they evened their
conference record at 1-1 and
raised their season record to
4-1-2 as they rolled over the
West Columbus Vikings 47-23
last Friday behind the strong
arm of quarterback Anthony
Locklear and the running of
back Michael McCartney.
West Columbus began the
game with a surprise by
trying an on-side kick on the
opening kick-off. The War
riors recovered, however, on
the Viking 47. Locklear wast
ed no time. On the first
offensive play, he connected
with end Ryan Tuck for a S3
yard touchdown pass. Dway
ne Locklear added the extra
point for a 7-0 lead. The
Vikings were not to be
outdone. Following a blocked
punt after Pembroke's second
possession stalled. West Co
lumbus drove in for the score.
After the two point conver
sion, theyHed 8-7.
It was at this point that the
Warrior offense really crank
ed up. Taking the Vikmg
kickoff. the Warriors drove 44
yards in nine plays scoring on
a McCartney run of four
yards. A faked point after kick
resulted in a two point con
version and a 15-8 Pembroke
lead. On the ensuing kickoff.
the Warriors recovered a
Viking fumble. Nine plays
later, quarterback Locklear
found end Kenny Chavis in
the end zone and the score
was 21-8. The extra point was
blocked.
By this time, the Warriors
were really flying but West
Columbus was not ready to
quit. After the Pembroke
kickoff. runningback Gary
McCray daahed 80 yards'for
the Vlklnga second touch
down. The estra point nar
rowed the score to 21*15.
Once more, the w
The "Wtrrlor of the Week"
for the WhI Conunbua game
was Kenny Chavfs. Kenny
played a superb game
offensively and defensively.
Kenny caught 3 passes for 31
yards including one touch
down and a two-point con
version. On defense, Kenny
had five solo tackles, four
asslts, and two interceptions.
wasted no time striking back.
Four plays follow ing the Vik
ing kickoff (including a 37
yard pass Completion to Steve
Jacobs). Greg Smith dashed
19 yards for the Warriors'
fourth touchdown and a 27-15
half time lead.
Continued Page 2
I ?
a Letter
from a
Pembroke
'Citizen'
The Town of Pembroke is
caught up in the midst of an
interesting and sometimes
acriminous municipal elec
tion.
Vying for mayor is incum
bent Mayor James A. "Pete"
Jacobs, former mayor Reggie
Strickland, and Sam Dial.
Contesting for two seats on
the council are incumbents
Milton Hunt. Larry T. Brooks
and challengers Harry Oxen
dine and Hcti!*; Smith.
In this issue of the Carolina
Indian Voice we are printing a
letter from Joel Garth Lock
lear who signs his letter, "a
citiien."
It's a good letter and one
useful for all Pembroke citi
zens to read and consider as
they prepare to go to the polls
to elect those who will repre
sent them for the next tew