Little Rock Look Back: SCOTUS decision in BATES v LITTLE ROCK case

On February 23, 1960, the U. S. Supreme Court handed down a decision in the case of Daisy BATES et al., Petitioners, v. CITY OF LITTLE ROCK et al.  This case had been argued before the Court in November 1959.

Daisy Bates of Little Rock and Birdie Williams of North Little Rock were the petitioners.  Each had been convicted of violating an identical ordinance of an Arkansas municipality by refusing a demand to furnish city officials with a list of the names of the members of a local branch of the National Association for the Advancement of Colored People. The question for decision was whether these convictions can stand under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

The Little Rock ordinance (10,638) was passed on October 14, 1957. It charged that certain non-profits were actually functioning as businesses and using non-profit status to skirt the law. Therefore it required the non-profits to disclose their members and sources of dues.  North Little Rock passed an identical ordinance.

(Mayor Woodrow Mann was not present at the meeting of the LR Council when the ordinance was passed. But he signed all of the resolutions and ordinances approved that night.  Ordinance 10,638 was the only legislation that night which had also been signed by Acting Mayor Franklin Loy.  Mayor Mann crossed through Loy’s name and signed his own.)

Mrs. Bates and Mrs. Williams as keepers of the records for their respective chapters of the NAACP refused to comply with the law.  While they provided most of the information requested, they contended they did not have to provide the membership rosters and dues paid.

After refusing upon further demand to submit the names of the members of her organization, each was tried, convicted, and fined for a violation of the ordinance of her respective municipality. At the Bates trial evidence was offered to show that many former members of the local organization had declined to renew their membership because of the existence of the ordinance in question. Similar evidence was received in the Williams trial, as well as evidence that those who had been publicly identified in the community as members of the National Association for the Advancement of Colored People had been subjected to harassment and threats of bodily harm.

Each woman was convicted in the court of Pulaski Circuit Court, First Division, William J. KirbyJudge. They were fined $25 a person.  On appeal the cases were consolidated in the Supreme Court of Arkansas in 1958. The convictions were upheld by five justices with George Rose Smith and J. Seaborn Holt dissenting.

Mrs. Bates and Mrs. Williams then appealed to the U. S. Supreme Court.  The pair’s legal team included Robert L. Carter and George Howard, Jr. (who would later become a federal judge).  Little Rock City Attorney Joseph Kemp argued the case for the City.  The arguments before the U. S. Supreme Court were heard on November 18, 1959.

The SCOTUS decision was written by Associate Justice Potter Stewart.  He was joined by Chief Justice Earl Warren and Associate Justices Felix Frankfurter, Tom C. Clark, John M. Harlan II, William J. Brennan and Charles E. Whittaker.  Justices Hugo Black and William O. Douglas wrote a concurring opinion.

The U. S. Supreme Court reversed the lower courts.

In sum, there is a complete failure in this record to show (1) that the organizations were engaged in any occupation for which a license would be required, even if the occupation were conducted for a profit; (2) that the cities have ever asserted a claim against the organizations for payment of an occupation license tax; (3) that the organizations have ever asserted exemption from a tax imposed by the municipalities, either because of their alleged nonprofit character or for any other reason.

We conclude that the municipalities have failed to demonstrate a controlling justification for the deterrence of free association which compulsory disclosure of the membership lists would cause. The petitioners cannot be punished for refusing to produce information which the municipalities could not constitutionally require. The judgments cannot stand.

In their concurring opinion, Justices Black and Douglas wrote that they felt the facts not only violated freedom of speech and assembly from the First Amendment, but also aspects of the Fourteenth Amendment. They wrote that the freedom of assembly (including freedom of association) was a principle to be applied “to all people under our Constitution irrespective of their race, color, politics, or religion. That is, for us, the essence of the present opinion of the Court.”

Neither the Gazette or Democrat carried any reaction from City leaders. There was a City Board meeting the evening of the decision. If it was mentioned, the minutes from the meeting do not reflect it.

Arkansas Attorney General Bruce Bennett, on the other hand, was very vocal in his outrage. The city laws were known as Bennett Laws because they had been drafted by him as ways to intimidate African Americans and others he viewed as agitators.

In 1960 Bennett was challenging Governor Orval Faubus for the Democratic gubernatorial nomination.  In reaction to the to the Supreme Court he vowed that, if elected Governor, he would “de-integrate” (a term he proudly took credit for coining) the state.

For his part, and not to be outdone by the AG, Faubus fretted that the Court’s decision meant that Communists would be able to give money to the NAACP.

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Little Rock Look Back: First night of first TABRIZ

After over a decade of the Beaux Arts Bal (it was spelled the French way with only one “L”), a change was afoot in 1971. Because of the need to raise more money for the Arkansas Arts Center, the Fine Arts Club decided to replace their evening of dining and dancing with an auction event.

While there had undoubtedly been thrift sales and small-scale bidding on items to raise money in Little Rock, this effort would be the first large-scale endeavor to use an auction as part of a fundraiser.   In order to maximize the fundraising potential, it was decided this would be a two-night event. The first night (Friday, February 12) would be casual with a silent auction while the second (Saturday, February 13) would be formal.

There were two major reasons the Fine Arts Club needed to raise more money.  The National Endowment for the Arts had issued the Arts Center a challenge grant which required a $10,000 match. In addition, the Arkansas Arts Center was trying to build up an endowment for future purchases.  (This was less than three years after the facility had been faced with closing its doors.)

The name Tabriz was chosen because it was the name of a cultural city in the Mideast known for its marketplace.  The first edition had the tagline of “A Persian Market of All Things.”

The logo was designed by Jim Johnson of the firm then-known as Cranford/Johnson Associates. The decorations echoed the exotic theme employing palm trees, ferns, ceramic elephants, paisley fabric swaths, and turbans.

Among those working on the first Tabriz were Jane McGehee Wilson, Betty Mitchell, Betty Terry, Frances Cranford, Feetie Hurst, Tina Poe, Annette Connaway, Willie Oates, Phyllis Brandon, Jane Wolfe, and Mary Worthen.

Over 650 people attended the Friday night event. Admission of $5 provided sandwiches (conflicting newspaper accounts indicate either coldcut sandwiches or hot dogs) and beer.  Mixed drinks were an additional $1.

Newspaper coverage indicated that men wore “sports outfits,” suits without ties, or colorful parkas. It attracted men with “longhair and beards” and “conventional haircuts.” (Depending on who the writer was, “longhair” could have meant anything over one inch.)  The women that Friday favored maxi or midi skirts. There were no mini skirts on hand, but a Gazette reporter noted that some women were wearing hot pants which might make a mini skirt look long.

Music was provided by the trio of Tom, Jerry, and Barbara.

Because a Silent Auction was such a new thing, newspaper coverage pointed out that the rooms were actually quite full of sound as people chatted with each other both about bidding on the items and socializing in general.

To give people a preview of the auction items, the Arts Center galleries had been opened for viewing on the Sunday and Monday prior to the Friday and Saturday events.  An auction catalog was also available for pickup in advance of Friday.

Among the items up for bid were tennis and golf lessons, visits to beauty salons, credit at a pharmacy, a tour of the Municipal Courts building and lunch with city prisoners, a tour of the Little Rock Zoo, jewelry, artwork, tickets to Razorback games, a football jersey worn by Lance Alworth, a week in Las Vegas (one of only three items with a minimum bid), and a subscription to an answering service.

When all was said and done, the evening raised $9,500 for the Arkansas Arts Center.

Little Rock Look Back: Movie Ball sends LR Film Fans into Frenzy

Autograph seekers crowd around the actors at the Movie Ball (photo from Arkansas Gazette)

As final preparations were being made for the opening of the Joseph Taylor Robinson Municipal Auditorium in early 1940, a glamorous evening took place in Robinson’s lower level convention hall on February 1.

In conjunction with a meeting of film executives and movie theatre owners sponsored by Robb and Rowley Theaters (which later became the United Artists theatre chain), several Hollywood actors were in Little Rock and headlined a Movie Ball. While in Little Rock, Maureen O’Hara, Phyllis Brooks, Arleen Whelan, Tim Holt and Gene Autry had also made a variety of public appearances.

Mr. Autrey had to miss the ball because he had to return to Hollywood early to attend to business matters. Actress Ilona Massey had also been scheduled to attend the events but was unable due to illness.

The quartet who did appear at the Movie Ball caused quite a scene. Upon their entrance, so many of the attendees crowded around for autographs that the evening’s grand march could not take place (a newspaper headline in the Democrat innocently used the word “orgy” to describe the crowd). After two attempts, Little Rock Mayor J. V. Satterfield (who was escorting Miss O’Hara) and the other members of the Little Rock host delegation led the Hollywood foursome to their reserved table. For quite a while that evening, the table was besieged by autograph seekers.

Though it is unknown as to whether he sought an autograph, photos from the evening showed a very satisfied Mayor Satterfield with Miss O’Hara on his arm. Satterfield family lore joked that Mrs. Satterfield (who had stayed home that night to tend to a sick son) was not a fan of Miss O’Hara’s films after that evening.

The Movie Ball showed Little Rock citizens the value of Robinson Auditorium even before it had been officially dedicated. The film industry meetings had taken place at the Albert Pike Hotel which did not feature a ballroom large enough to host the ball. Without the auditorium’s availability for the gala, organizers might not have chosen Little Rock for the meeting.

With the auditorium’s convention hall not attached to any hotel, it opened up the chance for Little Rock to host more events. This had been one of the key arguments for an auditorium since Mayor W. E. Lenon’s first proposal back in 1904. Having a glamorous event this early in the auditorium’s life validated that contention. After having endured the challenges to open the building, it was a nice lagniappe for the auditorium’s proponents who were present.

The actor Tim Holt would again be connected to Little Rock. In September 1951, he tried to obtain a divorce in Arkansas and stated that he had been a resident of the state for at least six weeks. He also had someone else testify to that fact. In October 1951, the divorce was granted. Later Mr. Holt was charged with perjury and fined $200 for falsely representing his length of residence in Arkansas. Judicial sanctions for his legal team, which included a State Senator, were eventually reviewed by the Arkansas Supreme Court.

Little Rock Look Back: A Municipal Auditorium approved by LR Voters in 1937

On January 26, 1937, Little Rock voters went to the polls to vote on three different municipal bond issues.  One of them was the construction of a municipal auditorium.

The bonds for the auditorium would be $468,000 in general obligation bonds which would be paid off between 1940 and 1971. This was toward a total cost of $760,000 for the entire project.

The official campaign for the auditorium was sponsored by the Little Rock Forward Committee which was led by W. H. Williams. In campaign advertisements it showed the value of conventions in New York City which was estimated at $100 per convention attendee. Little Rock organizers were estimating a $10 a day expenditure by visitors, which the committee stressed was very conservative. The campaign committee emphasized the importance of acting at that time due to the federal government money involved.

Various committees and organizations endorsed the auditorium project including the Little Rock Chamber of Commerce, Little Rock Federation of Women’s Clubs, and the Young Business Men’s Association.

The thrust of the campaign focused on the economic benefit to Little Rock as well as the fact that the auditorium would be for all citizens. This message was picked up in editorials by both the Democrat and Gazette. In editorials on January 23 and 25, the Democratopined that the benefits of the auditorium would be distributed among all classes of the citizenry. The next day, both papers ran editorials which touted the economic boon an auditorium would bring through conventions and meetings.

The Democrat’s approach broke down the current value of conventions to Little Rock with, what it termed, the city’s “existing inadequate” facilities. The paper emphasized a conservative estimate of what the added value to Little Rock’s economy would be with the new auditorium.

In expressing support for the auditorium the Gazette stressed the values for local, statewide and national groups. “An auditorium would provide a more convenient and better adapted community center for all kinds of local gathering,” and continued that it would make Little Rock “the logical meeting place for state conventions of every sort.” In discussing the value of state, regional and national meetings the paper stressed that the outside money spent by convention attendees has an impact beyond stores, hotels and restaurants.

Both papers also echoed the importance of the federal government financing to make this possible. The Democrat noted that the Public Works Administration grant and federal low cost loan made this an ideal time.

On January 26, 1937, Little Rock voters approved the auditorium bond by a vote of 1,518 to 519. It passed in each of the city’s 23 precincts. Little Rock Mayor R. E. Overman expressed his pleasure at the outcome of the vote and extended his thanks to the voters.

After the election, a Gazette editorial commented on the low turnout for the special election by commenting that the weather had been nice and there were no other barriers to voting. The editorial writer opined that those not voting in the election must not have been opposed to the endeavor.

Little Rock Look Back: A 1956 attempt at integrating LR schools

Arkansas Democrat photo by staff photographer Mr. Bisgood

Arkansas Democrat photo by staff photographer Mr. Bisgood

On Monday, January 23, 1956, twenty-seven African American students attempted to integrate four Little Rock schools.  By the end of the day, all four school principals had refused entry and some of the students had met with LRSD Superintendent Virgil Blossom.

Eight girls who were students at Horace Mann High School arrived at Central High at 9:30 am accompanied by Daisy Bates and Frank W. Smith both of the NAACP.  One male student attempted to integrate Little Rock Technical High School.  Four students arrived at Forest Heights Junior High (accompanied by three adults) and fourteen students attempted to integrate Forest Park Elementary (accompanied by four adults).  Neither the Arkansas Gazette nor the Arkansas Democrat broke down the age or gender of the junior high and elementary students.

Though all were referred to meet with Mr. Blossom, only the young women from Horace Mann visited with him.  After the conversation both he and Mrs. Bates declared the conversation had been friendly.   Mr. Blossom, in denying the request, noted that the Little Rock School District had a plan for integration. To allow them to integrate immediately would have been going against the plan.  The integration plan was connected to the completion of the new high school.  If it were ready to open in the fall of 1957, then integration at the high schools would start then.  The newspapers noted that there was no timeline for when it would extend down to the junior high and elementary levels.

That evening, Rev. J. C. Crenchaw, the president of the Little Rock NAACP, issued a statement.  In it he expressed frustration that the LRSD was vague on its timeline for integration.  He noted that the students lived near the schools which they tried to integrate and were therefore forced to travel several extra miles each day to attend school.  He also commented that the young man who attempted to enroll at Tech was not afforded the training available there at his current school.

The Arkansas Democrat ran a photo of the meeting with Mr. Blossom.  It identified the seven students who were pictured.  No mention was made as to whether the eighth student was present but not photographed, or if she did not attend the meeting.  As was the practice at the time, the addresses of the students were listed by their names.  Based on those addresses, the students lived between 0.4 and 0.9 miles from Central High School and were between 2.1 and 3.2 miles away from Horace Mann High School.  Of the seven students in the photo, two were seniors, three were juniors, and three were sophomores.  None of the students named became part of the Little Rock Nine who did integrate Central High twenty-one months later.

On January 24, the Gazette editorial writer opined they were glad for the amicable nature of the conversations. They hoped it did not affect the good race relations in Little Rock.  The writer concluded by saying they did not want it to incite extremists (but did not specify if they viewed the extremists as being for or against integration.)

MLK in Little Rock

Ernest Green, Dr. King and Daisy Bates share a relaxed moment — which was probably rare for the three in 1958

Today is the Martin Luther King Jr. Holiday.  It is an apt time to think about Dr. King and Little Rock.

A friend of L. C. and Daisy Bates, he attended the 1958 Central High School graduation to witness Ernest Green receiving a diploma. Each senior only received eight tickets to the ceremony at Quigley Stadium, and he was one of Green’s. Dr. King was in the state to address the Arkansas AM&N (now UAPB) graduation earlier in the day.

His attendance was briefly mentioned in the local press, but there was no media photo of him at the ceremony.  The Little Rock School District limited the press to one Democrat and one Gazette photographer. Other press were limited to the press box.

There is a photo of Ernest Green with Daisy Bates and Dr. King (pictured on this entry).

In 1968, when Dr. King was assassinated, Little Rock did not see the unrest that many cities did.  Part of that was probably due to quick action by Governor Winthrop Rockefeller. The Governor released a statement fairly quickly expressing his sorrow at the tragedy and calling for a day of mourning. He also made the State Capitol available for the NAACP to have a public memorial, as well as worked with a group of ministers to host an interdenominational service.

Little Rock Mayor Martin Borchert issued a statement as well:

We in Little Rock are disturbed about the incident in Memphis. We are disturbed regardless of where it had happened.  Killing is not the Christian solution to any of our problems today.

In Little Rock, we feel we have come a long way in 10 years toward solving some of our problems of living and working together regardless of race, creed or color.

The city Board of Directors in Little Rock has pledged itself toward continuing efforts to make Little Rock a better place in which to live and work for all our citizens.

We feel the efforts of all thus far have proved we can live in harmony in Little Rock and are confident such an incident as has happened will not occur in Little Rock.  We will continue our most earnest efforts toward the full needs of our citizens.

The day after Dr. King was assassinated, a group of Philander Smith College students undertook a spontaneous walk to the nearby State Capitol, sang “We Shall Overcome” and then walked back to the campus.  President Ernest T. Dixon, Jr., of the college then hosted a 90 minute prayer service in the Wesley Chapel on the campus.

On the Sunday following Dr. King’s assassination, some churches featured messages about Dr. King.  As it was part of Holy Week, the Catholic Bishop for the Diocese of Little Rock had instructed all priests to include messages about Dr. King in their homilies. Some protestant ministers did as well. The Arkansas Gazette noted that Dr. Dale Cowling of Second Baptist Church downtown (who had received many threats because of his pro-integration stance in 1957) had preached about Dr. King and his legacy that morning.

Later that day, Governor Rockefeller participated in a public memorial service on the front steps of the State Capitol. The crowd, which started at 1,000 and grew to 3,000 before it was over, was racially mixed. At the conclusion of the ceremony, Governor and Mrs. Rockefeller joined hands with African American ministers and sang “We Shall Overcome.”

That evening, Trinity Episcopal Cathedral was the site of an interdenominational service which featured Methodist Bishop Rev. Paul V. Galloway, Catholic Bishop Most Rev. Albert L. Fletcher, Episcopal Bishop Rt. Rev. Robert R. Brown, Rabbi E. E. Palnick of Temple B’Nai Israel, Gov. Rockefeller, Philander Smith President Dixon, and Rufus King Young of Bethel AME Church.

Earlier in the day, Mayor Borchert stated:

We are gathered this afternoon to memorialize and pay tribute to a great American….To achieve equality of opportunity for all will require men of compassion and understanding on the one hand and men of reason and desire on the other.

Mayor Borchert pledged City resources to strive for equality.

Another Little Rock Mayor, Sharon Priest, participated in a ceremony 24 years after Dr. King’s assassination to rename High Street for Dr. King in January 1992.  The name change had been approved in March 1991 to take effect in January 1992 in conjunction with activities celebrating Dr. King’s life.  At the ceremony, Daisy Bates and Annie Abrams joined with other civil rights leaders and city officials to commemorate the name change.

Little Rock Look Back: Christmas Eve 1937 Groundbreaking for Robinson Auditorium

On December 24, 1937, at 11:30 a.m., Little Rock Mayor R. E. Overman, Ewilda Gertrude Miller Robinson (the widow of Senator Joseph Taylor Robinson) and  Alexander Allaire of the PWA turned dirt to participate in the brief groundbreaking ceremony for Little Rock’s municipal auditorium.

That morning, the Arkansas Gazette ran a brief story on the upcoming groundbreaking.  The story mentioned that the building would be named in memory of the late beloved Arkansas politician.  This appears to be the first public pronouncement of the Robinson name for this civic structure.

Among others in attendance at the groundbreaking were Mrs. Charles Miller (sister-in-law of Mrs. Robinson), Mr. and Mrs. Grady Miller (brother and sister-in-law of Mrs. Robinson), the mayor’s wife, the three architects (George Wittenberg, Lawson Delony and Eugene John Stern), and D. H. Daugherty and Will Terry of the City’s Board of Public Affairs.

Construction had to start by January 1, 1938, in order to receive PWA funds.  By breaking ground on December 24, there was over a week to spare.  The site had been selected in late October 1937, and the purchase had not been finalized.  But the PWA did give permission for the City to let a contract for excavation, demolition and filling on the site.

The groundbreaking took place at the corner of Garland and Spring Streets which was on the northeast corner of the block set aside for the auditorium.  Today, Spring Street does not extend north of Markham; the street was closed to make way for the parking structure and what is now the Doubletree Hotel.  Garland Street is basically an alley that runs parallel to Markham north of City Hall, Robinson Auditorium and the Doubletree Hotel.