etiis d commentj i
Capital Punishment! - Yes!
by Hoyle H. Martin, Sr.
Poet Editorial Writer
On February 4,1973, a man named
^Joseph Szymankiewicz was shot to
death and bludgeoned with a hatchet
in a Tallahassee, Florida, motel
room. Who was this man - whose
name most can’t read or pronoun^**,
much less spell? He was, at the time
of his death, a 45-year-old hitchhiker
and an Ohio parole violator with a
long criminal record. He was a
victim whose name and death merit
ed not more than two lines in
newspaper stories about his murder.
He was, what some have called a
“loser” because he’d been victimiz
ed (murdered).
Szymankiewicz’s murderer’s
name is John Spenkelink. He went
to his death in the state of Florida’s
electric chair last Friday. After two
postponements, and a final appeal
denial on a 6-2 vote rejection by the
U.S. Supreme Court, Spenkelink
became the first prisoner executed
unwillingly in 12 years and the first
executed in Florida since 1964.
(Gary Gilmore willingly died before
a Utah firina souad in 1977.)
Szymankiewicz’s murder points
out a curious twist in the American
criminal justice system. As a
murder victim he was, as noted,
relegated to a couple of lines of
newscopy while his murderer griped
banner headlines from desperate
attempts by many to save his life.
Those who opposed Spenkelink’s
execution, including former U.S.
Attorney General Ramsey Clark,
contend that his death may trigger a
wave of executions among the
nation’s 527 men and women death
row inmates. If this occurs, many
believe, it will touch off a renewed
national debate and protest about
capital punishment.
The fact is, the debate has already
begun as evidenced by recent action
by the Legal Services of North
Carolina (LSNC). On the date of
Spenkelink’s execution, the organi
zAttttfe Board of Directors passed a
. resolution asking the governors of
all states where prisoners wait to
die, to declare a suspension of all
executions until the effect of a return
to mass executions can be measured
and evaluated.
_ William Geimer, an attorney and
author of the LSNC Board’s resolu
tion is quoted in a news release as
saying, “The death penalty is, and
always has been, a means of punish
ment inflicted only upon the poor
and underprivileged. Until such
time as the death penalty can be
applied equally to all social and
economic classes of people in our
country we are asking that such
executions be suspended.”
We certainly agree that the death
penalty or any other criminal
punishment should be dispensed
without regard to social or economic
status; however, we do not agree
that this is sufficient grounds for
suspending executions.
There are in fact at least four
reasons why we oppose the blanket
suspension of capital punishment.
First, the National Crime Survey of
1975 (the latest national data) points
out that blacks represent 47 percent
of all murder victims, yet blacks
comprise only 11 percent of the
nation’s population. Secondly, most
of the murders of black people are
committed by other blacks. Thirdly,
in iW7e more tnan nan ot tnosei
arrested for murder were black.
Furthermore, while race prejudice
by white policemen undoubtedly
accounts for the arrest of more
blacks than whites for minor offens
es, it is unlikely that such discrimi
natory behavior accounts for the
disparity between black and white
rates for murder. Lastly, there still
exists a white judicial mentality in
some parts of the nation that says if
a black kills a black, so what, that’s
just one less black. This kind of
thinking tends to encourage more
black on black crimes.
Thus, since blacks comprise a
disproportionate percentage of all
murder victims, it is difficult to
support the idea of suspending exe
cutions or to contend that capital
punishment serves no useful pur
pose. If nothing else, the surviving
hears of a murder victim should at
least have that satisfaction of know
ing that their loved one’s life is
equally as important as that of the
murderer’s. That is to say, as cruel
as capital punishment is, it is no
more cruel than what is imposed
upon a murder victim.
You Are What You Choose To Be
ironically, tne first man to cue
against his will by execution in 12
years, John Spenkelink left an
epitaph that should cause philoso
phers and laymen alike to re-think
the questions of who we are, what we
want and how we plan to achieve
what we want.
Spenkelink jotted down a note and
gave it to his minister that said,
“Man is what he chooses to be. He
chooses that for himself.” In that
statement Spenkelink appeared to
be confirming his guilt, forgiving his
executioners and reminding the rest
of us that each man and woman can
and does choose a life of good or evL
aggressiveness and laziness, pride
and humility or any combination of
these and similar qualities.
Basic to these and to a fuller
understanding of the late John
Spenkelink’s comment, is a need to
seek out one’s self and ask the
question, “Who am I?” That is,
other than identification by your
name, your occupation or your place
of residence, just who are you? In
seeking a beginning answer to that
question you might start by looking
in a mirror and asking the relevant
questions, “Who are you, what do
you want and how do you plan to get
it?”
OP THE SLEEP- PERSONS IN ANARCH
>N0 CAR PORTERS ON WASHINGTON IN
1963IN THE STRUGGLE
HE WAS CALLED ^ORMBOAND i
THE HOSTDANOe* 'TRB£POM- '
OUS0LACH IN
AMERICA. I
!£ HELPED ORGANIZE A SHAKESPEAREAN
SOCIETY IN HARLEM AND PLAYEDTHE ROLES
IF HAMLET; OTHELLO AND ROMEO.
IE HAS THE FATHER OF THE CARL RIGHTS
DEVOLUTION UHKH BEGAN IN TNE/fBOk.
« WAS ARRESTED FOR SPEAKmOUTAGAI NS T
/ORLDHARI.
'£ SPOKE FOR ALL THE DISPOSSESSED BLACKS
DOR WITTS PUERTO RICANS, INDIANS ANo'
1EXICANAMBRICAM8.
(E WAS CALLEPABOLSHEVIK.
IEATTASm FOR BLACK WORKERS THOR RIGHT
UL SEATINTHE HOUSE OF LABOR.
E STOOD UP AGAINST THE NAZI-SOVIET
'iiSSlA nm —
IE JOINED THE SOCIALIST PARTY.
E TOOK ON THE POWERFUL PULLMAN
UMPANY AMO FORCED IT TV NT DOWN AND
ARSA/H WITH THE PORTERS.
IS UNREMITTING PRESSURES FORCED
RESIDENT FRANKLIN Q ROOSEVELT TO SIGN
N EXECUTIVE ORDER CALLING FOR FAIR
NPLOYMENTPRACTICESIN WARINDUSTRIES.
HE WON AN EXECUTIVE ORDER IN 1943 PROM
PRESEXNTHARRY$, TftUHAH WEANOBOUm
IN THE ARHEDFORCES ANDHPOEMAL EMPLOY*
HE BELIEVED THAT IN A BREAOAND-BUTTER Ul
JOBS WERE THE PASSPORT TO DIGNITY
HE ORGANIZED THE I9f7PRAYER PILGRINAGE
THE CIVIL RI6NTSBILL.
HEIHSPIREDTHE/9S8 AND JpS9 MARCHES PI
SCHOOL INTEGRATION.
HE HELPED UtNPORNEW YORK CITY SCHOOL
PARAPROPE&SIONALS THEIR PLACEN THE &
HE WASASAPWJP RANDOLPH,BORN APRIL B
1889, DIED HAN IS, I9T9, PRESIDENT-EMERITUS
OP THE BROTHERHOOD OF SLEEPING CAR
PORTERS, THE UNION HE BUILT.
MIW YORK TEACHER MAGAZINE
PVOU»
“He Was Always Thesre”
NBL Launches Presidential Poll
by Dr. B. G. Burrell
Special to tbe Poet
The National Businest
League today announced tha
tbe 79-year old organize tier
will conduct a national poll of
the minority private sector to
determine its preference of
candidates for tbe 1980 presi
dential elections. In undertak
ing this unprecedented effort,
NBL President Dr Berkeley
G. Burrell said: “Tbe League
believes this poll is imports!*
because rarely has tbe minor
ity private sector had tbe
opportunity to raise tbe issues
of concern to its constituents
in national political debate.
Usually the issues are raised
on our behalf ; and others have
determined tbe framework in
which they are discussed.”
Underscoring tbe noo-parti
san nature of thl^ venture,
Burrell explained that tbe poll
presents a framework in
which minorities can ascer
tain which presidential candi
date could best advance the
PBIMP flf minnnlv annnnmln
development in the 1980’*. He
added: “For once, the minor
ity private sector will identify
the economic issues of great
est concern to its well being.
The poll will raise the ques
tion: which potential presi
dential candidate is most com
mitted to ensuring that the
minority private sector
receives its fair share of the
economic resources of this
country.”
It is believed that no pre
vious national opinion poll has
addressed itself to this speci
fic issue The Minority Pri
vate Sector (MPS) Presiden
tial Preference Poll is design
ed in part to help eliminate the
vagueness which candidates
have often used to avoid a
specific commitment to pro
mote minority economic
development. According to
the NBL, it is unlikely that
Dr. Berkeley Burrell
other national opinion polls
wjll cover the economic as
pects of the minority private
sector. NBL is undertaking
the MPS Presidential Prefe
rence Poll to fill that void.
In conducting the poll, the
League will rely heavily on its
national network, including
constituents, the National
Council for Policy Review
(and its organizational consti
tuents), the National Student
Business League and other
affiliated groups within the
minority private sector. As
with other polls, the release of
NBL’s findings in no way
constitutes an endorsement of
any potential candidate.
In launching its Presidential
Preference Poll today, NBL
expects to be able to announce
the results of its findings at the
League’s 80th Annual Conven
tion in September, 1900, in
time for all presidential candi
dates to respond. Noting the
obvious social implications of
economic development,
Burrell emphasized that this
poll could be used to formulate
an economic perspective on
national issues. Moreover,
such sji undertaking is clearly
consisteht with the purpose
and function of business and
trade associations. According
to Burrell: “The economic
interests of the minority pri
vate sector are critically
important, and must be in
cluded in the national debate
of issues for the 1980’s. Yet, if
we do not raise the issue, it
may never surface. By pur
suing the MPS Preference
Poll now, we help insure that
our economic concerns will
become part of the debate
surrounding the 1980
elections."
Founded in 1900 by Booker
T. Washington, the National
Business League is dedicated
to the development of com
merce and industry in. the
minority community. Head
quartered in Washington,
D.C., the League’s growing
membership is found in 120
chartered chapters in 37 states
and the District of Colombia'.
In addition, more than SO
national minority business,
professional and trade asso
ciations are affiliated with the
League through its National
Council for Policy Review.
The 79 year old organisation
has a 35 member Board of
Directors which includes the
chief executive officers of
some 10 national business,
trade and professional organi
zations.
Red Cross Classes
The Carolinas Division of
the American Bed Cross in
vites interested persons to
attend one of its aquatic, first
aid and small craft schools to
be held in late spring of this
year. Of the more than 30 Red
Cross Aquatic schools held
throughout the United States
this year, the closest to Char
lotte is Camp Rockmount,
near Black Mountain, N.C.,
said Mr. Rick Walter, Direc
tor of Safety Services for the
Greater Carolinas Chapter.
| VERNON E. IORDAN, IR ,
TO
BE
EQUAL
The Shadow Over Brown
If the nationwide celebrations of the twenty
fifth anniversary of the Brown decision were
muted, there was good reason for it. That
landmark Supreme Court ruling of 1954, which
ended legal school segregation, promised more
than our society has delivered.
The shadow cast over the Brown celebrations
is the national withdrawal from the struggle for
creating a more equal society. The Brown
decision broke through the walls of segregation
that entrapped black Americans, but the twenty
five years that have passed have not dismantled
the walls of racial discrimination.
The anniversary itself of course, is worthy of
celebration. It serves to remind America of its
unfinished business.
And it serves to rightly honor the organizations
and the people who made the breakthrough
possible. The NAACP and the Legal Defense
Fund, Thurgood Marshall, Robert Carter and
their fallow attorneys and militants, and the nine
justices erf the Warren Court, all deserve the
gratitude of a nation freed from the barbarism of
legalized segregation.
oui people wno minx mat me Brown decision
ended school segregation are sadly mistaken.
The majority of black school children are still in
racially isolated schools.
Most people think that, partly because of the
Brown ruling, blacks have made tremendous
gains in education. Again, they are wrong
The black dropout rate is still double the white
rate. Proportionately three times as many
blacks as whites are behind grade level. Black
and poor children are still short-changed in
available school resources. Blacks still lag in
four year college attendance.
Meanwhile, the Supreme Court itself has
retreated from the full implications of the Brown
decision. It has thrown up new barriers to
segregation.
Increasingly the Court is insisting on positive
proof of the intent to segregate. It no longer
appears to be enough to produce statistics
demonstrating.racial isolation. ^ ,
Tnis new stance of the Court’s places "a"
staggering burden on the victims of racial
discrimination. It replaces the factual test of
discriminatory results with the vague test of
intent to discriminate. And in many cases it is
* - '* * a * A M m — — -
"""KV unywoiuic W JWUVC llllCm, SlllCe OTTlPlfllS
who break the law by encouraging discrimina
tory practices aren’t likely to advertise that fact.
The Supreme Court also refuses to sanction
metropolitan-wide desegregation plans without
positive proof that both city and suburbs
intentionally segregate black pupils.
Without cross-district desegregation it will be
virtually impossible to desegregate several
major city school systems. And cross-district
desegregation is feasible. All-black Andrew
Jackson High School in Queens is just 15 blocks
away from a 90-percent-white Nassau County
high school. That artificial county line keeps the
two schools segregated.
Brown should have buried school segregation
once and for all. Instead, it inagurated a
shameful national controversy about measures
to implement desegregation, especially busing.
Every fall, the nation fought its school wars with
white parents protesting busing.
THE CHARLOTTE FOOT
Second Class Postage No. 965500
“THE PEOPLES NEWSPAPER
Established 1918
Published Every Thursday
By The Charlotte Post Publishing Co., Inc
1524 West Blvd.-Charlotte. N.C. 28208
Telephones (704)376-0496-376-0497
_ Circulation, 9,915 _
60 YEARS OF CONTINUOUSSERVlCE
BILL JOHNSON...Editor Publisher
BERNARD REEVES...General Manager
SHIRLEY HARVEY...Advertising Director
Second Class Postage No 965500 Paid At
Charlotte. N.C. under the Act of March 3. 1878
Member National Newspaper Publishers
_< Association
North Carolina Black Publishers Association
Deadline for all news copy and photon is 5 p m
Monday All photos and copy submitted becomes
the property of the POST, and will not be returned
National Advertising
Representative
Amalgamated Publishers. Inc
45 W. 5th Suite 1403 2400 S. Michigan Ave
New York, N Y. 10036 Chicago. Ill Bor.ir,
(212 ) 489 1220 Calumet 5-0200
Background On Why Sears Should Be Supported
Dr Nathaniel Wright, Jr.
Human Rights Activist
Special to the Post
Background On Why Sears
Should Be Supported
Part 2 of 3 Parts)
Here are some important
specifics First, after intro
ducing the customary legal
preliminaries, Sears' suit
importantly cited 110 facts
relating to conflicting require
ments in federal employment
laws that would enable any
improperly-motivated em
ployer to discriminate almost
openly (or with impunity)
against blacks and other
underrepresented groups. All
of the facts provided a reason
able basis for action on the
part of any group needing or
wanting clear guidelines on
what thev are reouired to do to
bring black Americana and
others equitably into the work
force.
Second Sears then lists 55
facts relating to the U.S.
government's own involve
ment and-or complicity in fail
ing to enable black Americans
and other underrepresented
groups to be properly prepar
ed for reasonable represents
tion in what is commonly
called a “diverse workforce.
This research by Sears in
cludes citing the following as
several of a long list of exam
pies of how the U S govern
ment has worked to our detri
ment or harm
. The Department of Hous
ing and Urban Development
(HUD) was cited by Sears for
not enforcing the laws relating
to housing that would have
enabled black Americans and
others to live in communities
located in areas from which
many employers have to draw
their workforce. For instance,
if no blacks are able to live in
or near Cicero, Illinois and
there is no convenient public
transportation to bring them
there from where they live,
how can Sears or any employ
er in Cicero reasonaDly expect
to have a large number of
black Americans with varied
or diverse skills from which to
choose.
. The Department of Health,
Education and Welfare
(HEW) was cited by Sears for
a whole range of unlawful and
negligent acts. These range
from oeing held guilty by the
federal courts for not monitor
ing federal programs (Title 6)
needed to make intelligent
decisions on compliance tar
gets for black Americans, to
nemg gumy oi concentrating
on encouraging black (ana
other) women to concentrate
mainly on home economics
(cooking) and other non-busi
ness-oriented vocations HEW
also has been funding a wide
range of other programs
whereby teachers are enabled
to promote our black young
sters from grade to grade on
the basis oi some classroom
attendance alone, without any
concern for teaching product
ive skills to our young black
Americans
The Equal Employment
Opportunity Commission
(EEOC) was cited for abdica
tion of its responsibility in
conciliation Sears noted that
even the President of the
U S A. acknowledged in his
February 23. 1978 message to
Congress that EEOC had
“management problems "
sears orougni out the fact that
internal audits by EEOC have
questioned its own agency
regarding the destruction and
falsification of files, employ
ees performing work for
which they were not properly
trained, and friction between
district and regional offices.
Sears also set forth the fact
that a 1977 study by the Sub
committee on employment
Opportunities of the House
Education and Labor Commit
tee concluded that the govern
ment’s efforts to enforce
employment laws had been
"weak, uncoordinated, and
largely ineffective."
. The federal government as
a whole was cited for failure to
enforce anti-discrimination
provisions to the law that re
sulted in the inability of qual
if;Ar« kl L. A 11_ _a
(iiuvi ivana anu
other "affected class" groups
to gain employment and pro
motions within and without
the federal government.
Sears noted, as an example of
the government's poor exam
Kof equitable employment,
t although 14 percent of the
total government workforce
hold top level (GS-15) posi
tions only 4 percent of black
employees are in grades 13-15.
Triird, the Sears suit goes on
to set forth 30 facts regarding
the inadequacy of statistical
data .ceded for proper plann
ing and administration of any
affirmative action program.
As an example of many statis
tical inadequacies for aiding
in the proper measurement of
black availability, Sears
pointed out that the Bureau of
Census acknowledged that
while it undercounted all
Americans, blacks were
under-counted at a rate more
than four times as high as that
of white Americans.
Fourth, Sears then asked for
some specific relief. Quite
important to black Ameri
cans, one such request was
that the government grant an
order declaring Sears Manda
tory Achievement of Goal
(MAG) Plan comply with
applicable statutory and con
stitutional provisions prohibit
ing employment discrimina
tion. This plan calls for hiring
one black male or other under
represented group member
for every white male hired
until black males and other
underrepresented group
members equal or exceed that
groups representation in the
workforce as a whole. No
employer anywhere has set
forth a stronger commitment
to the benefit of black Anvsri
cans than this.
In Sears discussions of this
provision in its MAG Plan with
black civil rights leaders and
others, it always has been
brought out that over the
Kriod of the last fifteen years,
• percentage of white fe
male employment has risen
over 14 percent while Mack
male employment has de
creased by the same amount
during that same period. Of
further importance to us as
black Americans is the fact
that whenever a white female
with rising income expecta
tions marries a white male,
she automatically is sharing
the wealth of America's long
favored class When a blade
female marries a black male
under present circumstances,
she is percentage-wise worse
off economically than she
would have Men IS yean or
more ago.
Granting Sean’ request for
validating their MAGPLan not
only would enable Sean to set
an example for other* that,
collectively, could turn this
black male employment de
cline around, but also would
give Sean relief from scores
of ‘’harassment’’ suits now
instituted against Sean by
various white males and white
females who contend Sean
MAG Plan (that provides
affirmative, or corrective,
action for black Americans)
discriminates against them.
At this point, it is crucial to
note also that of the three
EEOC Commisstonen to vote
on the Sean compliance situa
tion. ooe was a white female,
another a white mala arwi the
third a black male. Most
noteworthy Is the fact that
only the Mack male (our
representative) voted for
Sears.
Sears Salt Hetpts America!
In its suit against the actions
of the federal government,
and bv its many other of its
own affirmative action. Sears
has not contended that it
merely want* to help black
Americans. Sears has, in
effect, maintained only that
needless inequities in our
society against any group
which are harmful to Sears
and all other Americans form
a micro and macro point of
view, cannot be corrected
under the present maze of
conflicting laws, regulations
and actions of the federal
government.
No corporation or institution
in America ever ha* research
ed and compiled a document
more complete and piercing
than this "Sears Suit” in
pointing to the harmful role
that U.S. government policies
and actions have played to the
detriment of black Americans
and other underrepresented
groups. If any black-led civil
rights group nad researched
and compiled a similar docu
ment, it surely would have
been hailed as a brilliant and
major charter for the routes
we must take toward black
progress
So, with all the clamor
regarding what some few
°i*ck. Americans cite as
Sears ill-timing in filing its
suit can we escape the fact
"roug is wrong any time?
Und7' |h« circumstances, it Is
our civil rights groups which
had the moat to gain by filing
such a long-overdue action to
gaS3 va
™?*js.c,®*r guideline* to help
what ft
ought to be. Thus, it has
worked to our good that Seers
had no choice other than filing