Little Rock Look Back: US Supreme Court rules in Bates v. City of LR

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.

Rock the Oscars: TRUE GRIT, Part 2

In 2010, the Coen Brothers released a new version of Charles Portis’ True Grit.  (As a reminder, Portis had roots in Central Arkansas and was once a writer for the Arkansas Gazette.)

Co-written and co-directed by Ethan and Joel Coen, it starred Jeff Bridges, Matt Damon, Hailee Steinfeld, Josh Brolin, Barry Pepper, Domhnall Gleeson and Elizabeth Marvel.  Unlike the original film, which was filmed in Colorado, this film was actually filmed partially in Arkansas, where  several scenes takes place.  Filming also took place in Texas.  Many Arkansas actors appeared in the film, but at the risk of omitting some, there will not be an attempt to name them.

The film received ten Oscar nominations: Best Picture, Adapted Screenplay, Directing, Leading Actor (Bridges), Supporting Actress (Steinfeld), Cinematography, Costume Design, Sound Mixing, Sound Editing, and Art Direction.  Sadly, the film went home empty handed.

 

 

Rock the Oscars, TRUE GRIT – Part 1

Fifty years ago, former Arkansas Gazette reporter Charles Portis wrote a novel entitled True Grit.  It is more than a work of literature, it is a work of art.  In April 2018, the Oxford American will be celebrating the 50th anniversary of the publication of the novel with a series of events.

In 1969, the movie was made into a movie starring John Wayne and Arkansan Glen Campbell.  Kim Darby, Robert Duvall, Dennis Hopper, Jeff Corey and Strother Martin are also in the cast.  The movie was directed by Henry Hathaway, produced by Hal B. Wallis, and written by Marguerite Roberts.  Wilford Brimley and Jay Silverheels are uncredited actors in the movie.

Though set in Arkansas and Oklahoma, the movie was filmed in Colorado.  Elvis Presley was the first choice for the part Campbell would play. But when his manager demanded top billing (over Wayne), he was bypassed and the part went to Campbell.

The movie was nominated for two Oscars: Wayne for Best Actor and composer Elmer Bernstein and lyricist Don Black for the song “True Grit.”  The latter had been sung by Campbell in the movie.

Wayne won the Oscar that night, his only win.  He would reprise the character of Rooster Cogburn in the eponymously named sequel in 1975. This film, in which he co-starred with Katharine Hepburn, was his penultimate film.

In 1970, Campbell teamed up with Kim Darby again in a film written by Roberts based on a Portis book. This time it was Norwood.  It also starred Joe Namath, Carol Lynley, Meredith MacRae, and Dom DeLuise.  It did not repeat the success of the earlier Portis based movie.

Rock the Oscars: Roy Reed

It is possible that journalist extraordinaire Roy Reed appears in archival footage of the Oscar winning documentary “Nine from Little Rock” (Documentary, Short-1964) and Oscar nominated Eyes on the Prize: Bridge to Freedom 1965 (Documentary, Feature-1988).  First for the Arkansas Gazette and then for The New York Times, Reed was an eyewitness to history being made.  What is not in doubt is that he is a character in the Oscar winning film Selma.  In that movie, he was played by actor John Lavelle.

Roy Reed was born on February 14, 1930, in Hot Springs and grew up in Garland County. After attending Ouachita Baptist College and the University of Missouri (from which he would receive a Bachelor’s and a Master’s in Journalism), Reed worked for a newspaper in Joplin and served in the US Army.  In 1956, he returned to Arkansas to work for the Arkansas Gazette.

While he did not specifically cover the integration of Little Rock Central High in 1957, he was part of the paper’s coverage of civil rights. He later was assigned to cover the Faubus administration.  In 1965, he was hired by The New York Times and covered the South. He covered the historic Freedom March to the state Capitol in Montgomery in March 1965.  After spending 1965 and 1966 in the South, he was assigned to the Times’ Washington DC bureau.  In 1969, he moved to New Orleans to open a Southern bureau for the paper.  He remained in the Crescent City until 1976, when he was transferred to the London bureau.

After retiring in 1978, he moved to Northwest Arkansas and taught journalism at the University of Arkansas until 1995.  Reed continued to write essays and books including Faubus: The Life and Times of an American Prodigal (1997),  Looking Back at the Arkansas Gazette: An Oral History (2009) and Beware of Limbo Dancers: A Correspondent’s Adventures with the New York Times (2012).  Reed died in December 2017.

Little Rock Look Back: Ash Wednesday Valentines

Today marks the sixth time since Little Rock was permanently settled in 1820 that Ash Wednesday and Valentine’s Day fall on the same day.  The previous years are 1866, 1877, 1923, 1934, and 1945.

The 1866 Arkansas Gazette for February 14 contains no mention of it being either Ash Wednesday or Valentine’s Day.  Eleven years later, the paper carried a history of Valentine’s Day, but no mention of the religious observance on that day.  The story in the Gazette discussed the hard work of the designers, lithographers, lace makers, and other artisans who created the cards and other tokens which were sent.  The writer noted that none of that work was romantic. It was tasks those people undertook every day.  What made it romantic, the writer continued, was the intent of the person who sent it.

In 1923, only one ad in the paper mentioned Valentine’s Day – the Exchange National Bank.  There were no stories on Valentine’s Day, Mardi Gras or Ash Wednesday.  The stories that pertained to churches discussed revivals and new clergy, but no services for penance.

In 1934, the only mention of Ash Wednesday was in the regular Saturday religious feature. It previewed the various churches Ash Wednesday services in addition to discussing Sunday sermon topics.  Again, there was no mention that Ash Wednesday fell on Valentine’s Day.  Camay Soap and Pfeifer’s Department Store were the only ads on February 14 which made mention of the romantic holiday.

The 1945 newspaper coverage was very similar to eleven years earlier. Previews of Ash Wednesday on Saturday the 10th dominated the religious section on Saturday – but no mention of the other holiday.  The days leading up to Valentine’s Day saw quite a few advertisements from various national companies and local businesses regarding the holiday.  On February 14, however, the only Valentine’s ads were for Pfeifer and for several of the local movie theatres.  Blass Department Store, which had been focused on Valentine’s Day through February 13, used the 14th to switch the focus to springwear.

Little Rock Look Back: Mardi Gras in the Rock–1870s edition

In the post-Civil War era, Mardi Gras was a major event in Little Rock.  By the 1870s, newspapers would have stories for several days about preparations for parties and parades which would be followed by coverage summarizing the events.

For instance, the Ash Wednesday 1877 edition of the Arkansas Gazette carried a front page story that discussed Mardi Gras in New Orleans and Memphis.  Inside the paper there were a series of stories about the downtown Little Rock Mardi Gras parade.  It started at Markham and Rock Streets.  Because of the crowd assembled for it, organizers had to reroute the parade that afternoon.  Among the entries were the Fat Men’s Club, Butchers’ Benevolent Association (which rode on horses), the Mystic Krewe, and several trade groups.  In addition there were many people who marched along in masks.  The unnamed writer bemoaned the fact that the masked revelers’ clothing had no theme.

On Thursday, February 15, 1877, there were stories about some of the Mardi Gras balls which had taken place two nights earlier.  The paper’s deadline probably was earlier than the parties ended, which is why they were not in the paper until two days later.  Among the various events were the Knights of Pythian Ball at the Grand Opera House, the aforementioned Fat Men at a special pavilion set up in the Main Street Cotton Shed, the Mystic Krewe at O’Haras Hall, and the Cosmopolitans at Concordia Hall.  There were other events that the writer was not able to attend due to lack of time.

Some of the venues also played host to balls in advance of Mardi Gras.  The February 10 Gazette previews some events set for Friday and Saturday night.

By the start of the 20th Century, Mardi Gras was no longer a major social event in Little Rock.  But while it lasted, it was quite the production.  It appealed to all classes and races of Little Rock’s citizenry. Though most of the events were segregated, the parade did allow for African Americans to participate as well as the white revelers.

Rock the Oscars: Carol Channing

On January 31, 1921, future “Little Girl from Little Rock” and Oscar nominee Carol Channing was born. Alas it was in Seattle.

After gaining the notice of New York critics and audiences in the musical revue, Lend an Ear, Channing achieved Broadway stardom playing fictional Little Rock native Lorelei Lee (the creation of Anita Loos) in Gentlemen Prefer Blondes.  In this show, which opened in December 1949, she introduced the Leo Robin-Jule Styne songs “Little Girl from Little Rock” and “Diamonds Are a Girl’s Best Friend.”   In 1964, she won the Actress in a Musical Tony for her second signature role playing the title character in Hello, Dolly!  Channing also earned a special Tony in 1968 for Dolly when it became the longest-running Broadway musical.

On November 15, 1966, Carol Channing opened a six day stint in HELLO, DOLLY! at Robinson Auditorium.  She would play 8 sold out shows over those six days.  She had just wrapped filming THOROUGHLY MODERN MILLIE (for which she would receive an Oscar nomination). She had specifically requested that Little Rock be added to the tour.

While in Little Rock, Channing was entertained at the Arkansas Governor’s Mansion and feted at parties.  She was made an honorary citizen of Little Rock, as well.  But she was here to perform. And perform she did. She was rarely known to miss a performance and always gave her utmost.  Bill Lewis, in his review in the ARKANSAS GAZETTE, stated “To hear Channing sing ‘Hello, Dolly!’ Is one of the great experiences of all musical theater to date…”

In 1993, she spent her birthday in Washington DC at a White House dinner for the National Governors’ Association.  This was the Clintons’ first official White House dinner after moving in to the residence eleven days prior.  President Bill Clinton led the crowd in singing “Happy Birthday” to her.  She remarked to the President that she was Christian Scientist and didn’t celebrate birthdays, which meant she didn’t get any older.  He replied that it meant the night was her first birthday (it was her 72nd in actuality).