Heac T ass mki XINBRIDBED", VOLUME 18 Mailiiig fSlflON NO, 49 SATURDAY, DEC. 10th. 1938 PRICE FIVS CEM'li Dr. Scott Gets Dismissal Howard Suit; May File Second DlMlMlIMMtfPEARS Wins Right To Change Character Of Suit Filed Against Moward Univ. PLANS OWN FUNERAL ATLANTA’S MUNICIPAL AUDITORIUM OPENS TO HER (Capital News Service) WASHINGTON, Dec. 9t» - lA the Court oi t ‘‘ United States for the iJtsU'ict ol Columbia Monday last, cuun sel for Doctor jEmmett J. Scott Wbmuted a motion for voiuu tary dismiasai ol the suit filed by him June 22 of this year xiu | counsel, Mr. James Cunningham ‘ uogtus stated he believe tna^r- aiiother suit. ^ | Counsel for the plaintiff Inant ed that Dr. Scott should be gran ted leave to dismiss his c&Sa without prejudice to hiai .right to bring such further action a.“ he mignt be advised to bring. Further, that at the time nuit was filed, and also at the time, a preliminary injunction against Hov\rard Lniversity and juoicl.: cal Johnson, President,, restrain itig tnem irom interfering tvitn his continuance as biecretary oii Howard University until he has reached the age of 69 years. He cou^i^ded tnat he could not oe depi'iVMd lawtully otf the riabt ,to hold the oltice of S«'ae tary of Howard University and to exercise and to enjoy t a e rights th^ pirly^egwi,' i^iid t 4 « emoluments of tlie ofRce' of Se cretary. of Howard University except in accordance with th^ termk and conditions of the rutu3 and regulations adqpted and promalgated in the retirem6rt legislation of the University -un til retirement after attaining tf of 68 years, or except fui I sufficient in law deeci ed sQUiclent for his removal and an opportunity to be heard be fore the Board of Trustees of the University. Counsel for the University and Mordecai Johnson, objected on the ground that dismissal of tne case j£*wlthout prejudice wou d Dr. Scott was unfairly, justly dealt with. justice U'Donoghue in deciu ing the motion stated: •'Jt is jut a question now of whether thir. Court should decide at this time to dismiss this suit finally.. That would not be iri accordance^ with tne spint, with the modern rule of law’ ailR)WlAi^’'amendmbiitH. This Court would be put In a i GRBENIVILEE, N. C., Dec. 8, , (3y George W. Whitaker)—The and >uiP^ funeral of Mrs. Lula Tucker who died here recently had b 8 « planned by her far in advancy. She listed the title of the songs that she wanted the choir to sing at her funeral. She aiso wrote her own oituary and chose the text that she wantedLf the minister to use. The servicea were held at the position of -Myirts’*■ to this pJaiWSycamore Baptist Church of tilf, ‘You have not had^your day which she had been a member Jn Court and you can not na ’C your day in Court.’ I think that justice requires that the Court take a liberal view, that the ^plaintiff, if he wishes to shO'ilu be entitled to file -a different kind of suit under the rule prov iding for transfer of cases, from one Court"«tp the other. While no expression could be secured from Dr. Scott or h i 4 council as to further actions, it is generally assumed by the Washington .public that t h ^ strategy of Dr. Scott’s counsel looks to seeking reme3|? in a Law Court lor damages instead leave the plaintiff free to briiig of pursing the suit in equity. A ME Gon fere nee Endorses Bishop Dayis’ Program BY DR. J. A. VALENTINE Special Reporter and Pastor Of St. Jo*«ph Church of Dwiiaiii ' CHAPEL HILL, Dec. 8—The fifty fifth iession of the Wei: ern North , Carolina Conference which met at Chapel . Hill Nov. 23 to 27th went on record as en dorsing the program of Bishoj) M. H., Davis, presidini^ bisnop of tllS 2nd Episcopal District in his effort to r ^ v i v e Kittrc.l Collegre, one of outstandin,; Colleges of the AME -Churcne.^. The conference took note of the unparalleled improvement now in process at Kittrell as to remodelled and repaired build ing, large acria of land nit'tp available for farming supplies of live stock and poultry, as well as a well trained faculty, many of whom have their mas ter's degree from some of ttte most probifnent universities of the country. Bishop Davls’ accurate accoufit ing of funds entrusted to hip care and his personal supervi slon of the administration a'd financial affairs of Kittrell Ccli^ ege laft no doubt in the minis of eitheft clergy or laity thai under his executive dlrecton, ^Msd-with His tense and'unselfish desire to restore this well knov/n institution to its rightful placo in the Category of denonjiinan’on al school, he is successful. b o u n .d to be We therefore call upon all loyal African Methodists in the siate Of North Carolina to joir us in pledging both our mo ral and financial support to t&isthop Davis in, making this worthy ob jective namely, the establish ment and maintenance of an institution of Kittrell dedica cd to Christian education and to substantial citizenship in our economic set up ’ Which 'iniis ftor trained wtoijkmen in every field. «iThe^onf«i»nce was grace 1 with the preseiS|g of Doctor F. P. Graham, president of . t h e university of North • Caro»;jiix who expressed himself as being In sympathy with the program of Bishop Davis relative to his educational iSeals, whil^ the ministers anTf a dissenting voice, gave Bibnoti for 23 years. Rev. Ninimo ofiiici a^ted d^d was assisted by Rev. Hemby. Mrs. Tucker is survived by her husband, two sisters, two, bro thers and many relatives and friends. _ Interment was made at Cooperfield cemetery. [oeivBXmas Music Feast RALEIGH, N. C., Dec. 9tb, (Special)—The College Women’s Club, Raleigh Branch ^f the N» tional Association of Collegs Wo^en, will sponsor a Xmas Music Festival with the f^Uiw ing schools and colleges parti ;i pating:> Bennett College, A and T Collegt, Palmer Memorial In stitute, Shaw' University, and Washington High School. There will also be a special choir and Mrs. Nell Hunter’s WPA Chorus from Durham. ' 1,700 Florida Teachers Raise Defense Fund For Salary Fight _ The festival will take plac* in the Raleigl^ Memorial Audi torium and it is expected that a record audience will be in at tendance. A feature of the program will be the presentation of J. P. '.Bond, Jr. director of tSe NYA, who will, acquaint the audience with the large program ETTAMuTEN f .... Concert atrist, who appeared in Atlanta’s beautiful new municipai auditoriu-m last Monday ni^ht in a triumphal event, the first spon sored by and for Negroes in the newly completed struifture. Eooker T. Washington High school, onA-of the South’s most progrC'sive educational institutions, presented Miss Moten through the courtesy of the Chicago Concert Bureau, 3648 .Vernon Avenue. The talent ed artist came to Atlanta after concerts at Langrston university, Fort Smith and Pine Bliiff, Ark.^ and is scheduled for Lndianapolic, Xnd., Knoxville, Tenn., Little Rock and Hot Springs, Ark., New Or leans, Florida State college. Vanishes After Paying Rent To Landlord^ , tlu-rham police ■fiere notifjtd this week of the disappeara**w ef Claerence Williams, garage worker who after paying a week’s mmta rent to his landlady, Mrs. L. J. Spaulding, 305 Umatead Straai, and informing his wif^ that he was going- up town to meet a MMk!, mysteriously dropped from sight. - t- „ L —Me. WilliHmw iH aunDosed to gave eomp ~h6r- ffOm Charlottis wwth hia wife Mrs. Florice Williams. „ r£- According to information obtained at his place of abode Iw Wt of the National Youth admimstra; ® ® inches tall. He I took no extra clothes with him All local schools, colleges and churches are^ invited to hear the singers in this effpri' oi the coll ege ^omen to engender-"-yauth feflowshfp. ' The program will begin nt 3 o’clock on Sunday Dec, 11. Dr. J. N. Mills prominent physician'" of Durham, _.rtrustee of Saint Joseph Church and pvesi dent of the General Alumm Association of Kittrell was pre sent and after QUtJlning a plan to enlist all students and g»‘adu ates of Kittrell Colege in l^al church groups for -the -P'lcpo-" - vvxv., .asisting in the reh^biliatiOn Davis a standing vote of confid • f i T “ I Of the institutioff ehallenged tha ence. The Western North Caro'ina Confetenee ,of'the AMG Gtiurch is standing solidly behind Bisho,) Davis in his plans to redooin Kittrell Collefe. over flow assembly to stand by his alma mata. . Tiiat this challenge was ac cepted was demonstratingly at tested by the ■ »*>d loud applauleS'l^en the speech. His wife Mrs. Williams Jas' expressed herself' as being very much uneasy about thte where abouts of her husband, ilrTthe'^e has been tio reason for him ^o leave home without notifying her, she stated. The Williams came to Durhaiiti' about a week ago.and secu*ed a room; at the home of L. J. Spau,J ing who is a well known real estate tnan here. Any 'persoi\s knowing t U e whereabouts of Mr: Williams will kindly inform the Carolina Times immediately or Mrs. Flounce Williams, 305 Umstea-.l Street of this city. 0RAN3®BUBG, S. C., Dec. 8 —Mrs. Shellle Sweat, 50, and her four year old grandson, were burned to death last Sunday ’n d^fire 5f undermined* o r i g * n wUch destroyed their home. there in & 20 Buick, coupe, Thursday afternoon with the of returning in a short while. Representatives of the CaroH.nn Times ^.stated that the missing man is. about 35 years of age, weight about 150 poynds, and intcnnon Oean Latham Sneaks To NAGW BY WILLIAM TUCK "WALEIGH, Dec. 9, (Speciiii —The November meeting of th“ Raleigh Branch of the Nationul .dssocmtiun of College Women was held this week at the resid ,e0ce of Mrs. Louise Perrin un South Blount Street. .After reports from the various com elttees had been given i s b Thelma liJutler, chairman of vhe program committee introdncod the speaker of the evening. Dean Louise Latham, w ii o spoke to the group on “Guidance In The Washington H i g r. SehoolJ” In her introductory remarira she said, “We a r o hoping to build good citi.^e.iB through the Student Council at the Washington High school” Dean Latham explained how the weekly “Charm” School hsid ekch year has done much to cop' tribute to the cultural devo^op ment of the Washington High School girls. The affair climax others. This not only gives, the students practice in a nat^Jrai social activity but the school is g'ivec an opportunity to inter pret its social life to the parent. The president, Mrs. Sarah Eaaom, welcomed the followmg^. new members; Misses Ma.-gur ette Quierson, L. Grovs, Eiiur.a Wells, Margaret Jackson, Mrs. Susie Yeargin all of Slmw Unmir sity and Miss Myrtle Mitcn^ i of North Caroli^ College Djr ham. N. y , A delicious salaS^^uree was ee»ved hy- Maadflmfis JU Perrin, S. Easom and Miss T h « 1 m a l&utler. ' JACKSONVILLE, Fla. Dec. —Without a dissenting v o ; e, 1,700 Florida teachers, m|betiig here in a.two day session open iiig Itoauk^vlng day, pie liji'a full financial support in the state wide fight to equalize thv salaries of colored and white teachers in the public schocia. The pledge of financial sup port came shortly after an ad dres made by Thurgood Marshall of the leK*l staff of the National Association for the Advahcemeut of Colored People, who canu~ here in connection with t h case of John Gilbert, a public school teac]ty;r in Brevar4 Cuun ty, Florida, Gilbert was dismissed by the cotinty board of public lnst»ui- tion, shortly after - the Asioeia tion field suit a^iainst the boaid in his behalf. Gubtrt .ia sfife'ttHi to have his salary equalized with that of what^ teachers dj . ing the same worK. His case now pending on appeal b^'for the supremt ctu, *. i.V T7.: .. The Teachti' ;■ - 'P.lv v.,* ^ to raise a U-ftaat; iund to i-g i thg case, but also voted to • pay ■i ?t>r Gilbert’s tuition in coilegij I in order to enaoie him fto fur j ther his preparation for teach j ing while the case is being fought j through h^ courts. Urges Opening All Episcopal] Race CHICAGO, Dec. '9, (ANPi — Opening of all the colleges and s^inaries operated by the Epi'co paljf#hurch to Negro aspiran^. for the priesthood was one ff depression.’’ .\Ithough the migi'a tion figure of l.lfUU or monthly was given out several months r.~'> by Howard It. of th^j ChicajiO Urban lea^fu^. the most importan resolutions vit is believed by many ocner Miehigaa’s First Negro Judge PrMidea In Connty Covrt Rev.Williaii) McMillian Succymlis Rev. W. O. McMillian, 3T of 1108 Simmon St. died at Duke, Hospital Tuesday morning Dec. 6 i^t 2 a. m. After an ilnnes of several weeks. Rev. McMillian moved to Durham 14 years ago, he has been employed by a lead ing furniture company of this city f^r many yeaw. At the time' of his death he waa employed by the American Tobacco Com pany. Rev. McMillian was pastor of the LitUe Bethel ^urch of Halifax, V». ana was Si member (if the Minislerial Alliance. GRAND RAi»IDS, Mich., Dec 9, (ANP)—Last Tuesday, for the first thae in history of this state a Negro judge ascended the bench, the central figui'# being Judge Edmond C. Whi'^.e of Yatrd Township, who presid ed in Lake County Circuit Court The case at bar was an assa >tt charge placed against John H. Smith. The state was represented by County Prosecutor Allan Lidke^ and Smith's counsel was Attv. Floyd H. Skbiner of G r a nd Rapids. After witness he testt fled Prosecutor^ Lidke mpveti for the defendant’s dismi.ssal and discharge. Judge White gian ted the motion* and ^the defen daftt was released. passed by the 1,000 delegates attending the National Intenaci al Council of Churchmen held at the International house of the University of Chica^ Tues day and Wednesday under au? pices of the Joint Commis»i;n oij Negro Work of the Profeft' ant Episcopal church. The conference got undei way Tuesday with Lt. Lawrence Oxley of the U. S. Department of Labor, director of the meet ing, stating that Negroes were migrating from the Mis^>-*i j^pi valley to Chicago at the rate^of-“l7(»r te T,TOr and the city’s colored poputa Southsiders to be tto high. Other primimnt Ntgro leader.^ who appeared on the program included Arthur.. .Chippej?, ‘Augustin’e Colif^ge; Doctor M. O.'■'boug^ield, Julius Hosenv'alil fund; Doctor Frank Horne, Uni ted States Houstnjj authority: Mrs. Faith Jefferson Junes, Cai cago Relief administration; E. O’Hara LamerT T'iationai Youth adminstation; t h ^ Rev. Cv'nl Bentley, AMerrd'an church In.rti tute for .^e^roes; the Rev. E. ,S. Thomas, Conferenee of Colored Church Workers; the’ Rev. J. ‘“Alvin lf |3e\. Sl. Faul t?chooi^~ >Harry H, Pace, Supreme Libtiiv tion “increased by-50,000 in 18-Life Insurance Company a f4 d months diy-mg the,., worst of trclor. Channing Tobias the YMt.^t. Bridraso Staget^ To Present First n The Bri Dra So Stagerl'^of tfte field. Roles will be portMkye-t North Carolina College will p?e; by Miss Pfeh^hoataSL ^ott of sent their first performances tf J New it%rn. Miss Marietta^rrwn the year on Wednesday eveT>in.tJ of Durham, Jo^hn Smith of Stats* December 14, at 8 o’clock in th-?: vUl, William Stafford of She’bby B. N. Duke auditorium. Ttiey j ville, Ind., Jiames Holden of will present three one act plays Wilson and Bennie Moore of wif%, Mrs. Amelia one brothet*, Hector, four chUd^fn, j-.M i s i Ulllaa, a student of Hillsiuo School, ^Me^e, Willie and Wllliwn Funerk.1 ■erirkea will be held frort th»* Oak Grove Free Will Bap'lec He laavei to mourn his losa % Church Stioday ereiMlic- under the capable direction of Miss Katie L. Kelly, coach *;n Dramatics. The first presentation will b» “Th^ Elbpment,” by Howard Reid. Characters will be play ed by Miss Rathertae Goins »•£ Huffman, Mia« Mari« Roger* of Roanoke, Va., E^l Artis of Dur ham and Charles Cebb of Dur ham. The second plajr wil}- b* “tlw Sojphisticates,'” by Hlruk Man; Durham. The third play will be “Wht*.e Dresses, tby Paul Green, emmert North Carotina playvri^t ^roM- Chapel Hill. Actors wil) Mias Geneva Harper of C » nt mere*,, G.a..,,..^i*a LtlfeB Chu4i of Winton, Joaei^ i mt. Durham and Winchestev, M Dress tchcinak place.

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