Little Rock Look Back: Mayoral Race of 1930

KNOWLTON

In the early 20th century, Little Rock mayors were traditionally granted a second two-year term, if they wanted them. So, 30 year old Mayor Pat Robinson may have been surprised when City Clerk Horace A. Knowlton Jr., announced his challenge for the Democratic primary in 1930.

Robinson had been the rising star of the Democratic Party in Little Rock. At the age of 25, he was nominated for the position of City Attorney and elected at 26 to the position. Two years later, he was re-elected. Then, a few months into his second term, he ran for the position of mayor. In the primary, he defeated the incumbent, an alderman and a school board member.  Taking office a few days after turning 29, Robinson was one of Little Rock’s youngest mayors ever.

However, shortly after taking office, Robinson butted heads with the majority of the City Council over a special election. And his term was marked with continual political strife.

In 1929 and 1930, Little Rock was recovering from the 1927 flood and the 1929 stock market crash. Yet Robinson appeared to be trying to spend the city out of the doldrums and driving up the city’s debt.

Knowlton was elected City Clerk in 1921 and had been re-elected in 1923, 1925, 1927, and 1929. He was viewed as an efficient politico and a stalwart member of the party.

The City’s financial state was the main thrust of Knowlton’s campaign against Robinson.  The phrase “orgy of spending” appeared in an ad. The incumbent countered with the progress of the City.

A third candidate, Bob Brown, was not a factor in the race.

November 10, 1930, dawned. It was the local Democratic primary day. Since the GOP was virtually non-existent, the winner of the nomination would be the ultimate winner in April 1931.

Anyone thinking the nasty election would be over soon was in for a surprise.

When the results came in, the tallies were: Horace A. Knowlton, 4,537; Pat L. Robinson, 4,554; Bob Brown. 61. It appeared that Robinson had eked out a 17 vote victory.  On November 12, the Pulaski County Democratic Committee certified the results.

Three days later, Knowlton filed suit in circuit court claiming that a variety of illegal votes had been cast for Robinson.  A few days later, Robinson alleged that illegal votes had been cast for Knowlton.

The case was extensive. The transcript of the trial runs over 1,800 pages.  The judge reviewed the more than 9,000 ballots cast and compared them to voter rolls and poll tax lists.  Ultimately, he found that Knowlton had received ten more votes than Robinson and declared that Knowlton was the nominee.

Knowlton’s name was placed on the ballot in April and he was elected, taking office later that month.

However, Robinson had appealed the circuit court ruling to the Arkansas Supreme Court.  In June 1921, the Court upheld the lower court ruling and affirmed that Knowlton was indeed the duly elected mayor of Little Rock.

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.

Women’s History Month – Ruth May Wassell

On August 27, 1944, Ruth May Wassell shattered a bottle on the hull of a new ship and christened it the U.S.S. Little Rock.  Mrs. Wassell, whose husband was Little Rock alderman Sam Wassell, had been designated as the official sponsor for the City of Little Rock by Mayor Charles Moyer.

Ruth May Wassell was more than the wife of a local political leader.  She graduated from Henderson-Brown College and received a law degree from the University of Arkansas.  In 1932, she was admitted to the Arkansas Bar and later was admitted to practice before the Arkansas Supreme Court, one of the first women to receive this designation.

Mrs. Wassell was active in business, serving as president of the Arkansas Lumber Company  and owner of a citrus farm in Texas.  She was also active in civic affairs through involvement with the Arkansas Democratic Women, Boys Club and Second Presbyterian Church.  From 1947 until 1951 she was First Lady of Little Rock when Sam Wassell was elected as Mayor.

Following the December 1954 death of Mayor Wassell, she subsequently married E. W. “Bud” Gibb.  She died in 1964.

Women’s History Month – Judge Elsijane Trimble Roy, first woman on Arkansas Supreme Court

judge-trimbleElsijane Trimble Roy was born the daughter of a judge. At an early age, she knew she wanted to be an attorney.  She would eventually become not only the third female to graduate from the University of Arkansas Law School, but the first female circuit court judge in Arkansas, the first female on the Arkansas Supreme Court, and the first female Federal judge from Arkansas.

She was also the first woman in the United States to follow her father as federal judge.  She presided in the same courtroom where her father had served for 20 years. She retired in 1999 after 21 years on the federal bench.

Judge Roy has received many awards and honors including being selected Woman of the Year by the Business and Professional Woman’s Club in 1969, Arkansas Democrat Woman of the Year in 1976, an honor that her mother also received, and Outstanding Appellate Judge of 1976-1977 by the Arkansas Trial Lawyers Association.

While she was on the Arkansas Supreme Court (to which she had been appointed by Governor David Pryor), she administered the oath of office to Anne Bartley to lead the Department of Arkansas Natural and Cultural Heritage.  Ms. Bartley became the first woman in an Arkansas Governor’s cabinet.  In 1977, President Jimmy Carter appointed her to the federal bench to succeed Judge Oren Harris.

Little Rock Look Back: US Supreme Court decision in BATES V. LITTLE ROCK

bates daisyOn 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.

Little Rock Look Back: Movie Star Mania at Robinson Center

Mayor J V Satterfield escorting actress Maureen O'Hara at the Movie Ball (photo from Arkansas Democrat)

Mayor J V Satterfield escorting actress Maureen O’Hara at the Movie Ball (photo from Arkansas Democrat)

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.

Arkansas Heritage Month – LR Mayor Moyer and a Municipal Auditorium

Moyer AuditIn anticipation of the November 2016 reopening of Robinson Center Music Hall, this week’s Arkansas Heritage Month entries look at seven Little Rock Mayors who worked on proposals for a municipal auditorium between 1904 and 1940.

After having served as Pulaski County Judge, Charles Moyer was elected Little Rock Mayor in April 1925.  He concluded his inaugural address later that month with a request that all Little Rock voters should support the auditorium district proposal in the May 1925 special election.  Voters approved the auditorium, but the concept of an auditorium district was thrown out by the Arkansas Supreme Court after a legal challenge.

Mayor Moyer then led a statewide effort to get a Constitutional amendment approved to allow for public bonds to be used on auditoriums and a host of other structures, as long as voters approved the issuance of bonds.  This was approved by voters in October 1926.  Though Mayor Moyer publicly advocated for an auditorium after that election, he did not lead a subsequent effort to create one.  During his tenure, conventions were largely centered around the Hotel Marion.  A new Little Rock High School was built (now Little Rock Central High) with that auditorium supplanting its predecessor as the location of choice for large-scale performances.

He left office in April 1929.  In the final weeks of Mayor Moyer’s second term, Planning Commission Chair J. N. Heiskell (editor of the Arkansas Gazette) started discussing the need for a civic center for Little Rock which would include space for a municipal auditorium.

Charles Moyer returned to the office of mayor for an additional two terms in the 1940s. By that time Robinson Auditorium had been opened.