Little Rock Look Back: Senator William Marmaduke Kavanaugh

CLR KavanaughOn March 3, 1866, William Marmaduke Kavanaugh was born in Alabama. He later moved with his family to Kentucky before coming to Little Rock as a newspaper reporter.

Kavanaugh served as editor and manager of the Arkansas Gazette before entering politics.  From 1896 until 1900, he served as Pulaski County Sheriff, which at the time also included the duties of tax collector.  From 1900 until 1904, he was County Judge of Pulaski County.  In that capacity he helped wrangle several cities, railroads and trolley lines to create a compromise which lead to the completion of the Third Street Viaduct which connected Little Rock with Pulaski Heights. It is still in use today.

After leaving his post as County Judge, he had a varied career in banking and business interests.

When Senator Jeff Davis died in early January 1913, he left the last few weeks of his term incomplete as well as the new term he was set to start in March 1913.  There was much interest in who would fill the remainder of Davis’ current term, because that person might be the frontrunner to also fill out the new term.  (This was at the time that the U.S. Senators were still selected by state legislatures.) Defeated Governor George Donaghey appointed J. N. Heiskell to fill out the term. But once the Arkansas General Assembly convened in mid-January, they overrode Donaghey’s appointment and replaced Heiskell with Kavanaugh.

Kavanaugh served in the Senate from January 29, 1913 until March 3, 1913.  He was succeeded by Joseph T. Robinson who had only recently taken office as Governor.  Speculation was that Kavanaugh would not want the full six year term, so that he was acceptable choice to all of the politicians jockeying for the full appointment.  From 1912 until 1915, he was an Arkansas member of the Democratic National Committee.

Another interest of Kavanaugh’s was baseball.  He served as president of the Southern Association minor league starting in 1903.  The baseball field in Little Rock situated at West End Park was named Kavanaugh Field in his honor.  It stood until the 1930s when it was replaced by what is now known as Quigley Stadium.  (In 1927, Little Rock High School had opened on the land which had been West End Park.)

Kavanaugh died on February 2, 1915 at the age of 48.  He is buried in Oakland Cemetery.

Prospect Road was renamed Kavanaugh Boulevard in his memory.

Women’s History Month – Carolyn Conner, first woman on LR City Council

glass-connerCarolyn Conner was elected to the Little Rock City Council in April 1931. She was initially elected to fill out the remaining year of her husband’s term on the Little Rock City Council. She received 551 votes, or 61.6% besting two male candidates.

She was not the first woman to run for City Council.  In 1924, Mrs. George M. Waller challenged Charles M. Connor (no relation to Carolyn Conner).

In 1932, Carolyn Conner was reelected and would continue to serve on the council until April 1942, winning a total of six elections.  Mrs. Conner was the first woman to be elected to any City of Little Rock office.  She was also the first to chair a council committee, leading the Civic Affairs Committee from 1933 to 1935. On October 16, 1933, she was chosen as Acting Mayor becoming the first woman to lead the City of Little Rock and preside at a council meeting.

In December 1939, she also became the first female alderman to be arrested for contempt of court along with eleven of her male colleagues.  The judge did not send her to jail, though he did the male aldermen.  At the end of the day their sentences were suspended.

In April 1941, Mildred Craig joined Mrs. Conner on the Council after being elected to finish out her husband’s term.  Their service marked the first time there were two women on the City Council.

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.

Black History Month – Wiley Branton and Robinson Auditorium

brantonMost of the people who are being featured this month have played at Robinson Center.  But today’s entry, Wiley A. Branton, Sr. worked to integrate Robinson Center.

In 1962, he filed a suit on behalf of several African American residents of Little Rock to integrate the City’s public facilities including Robinson Auditorium.  (The City Board and the Auditorium Commission were named in the lawsuit.)  In 1963, the decision came down and the facilities had to integrate.

This lawsuit was just one of many in which Branton paved the way for equal opportunities for all.  He helped desegregate the University of Arkansas School of Law and later filed suit against the Little Rock School Board in a case that went to the U.S. Supreme Court as Cooper v. Aaron.

A native of Pine Bluff, he graduated from what is now UAPB. After first being refused admission, he later became the fifth African American to attend the UA Law School and the third to graduate.  From 1953 to 1962, he had a law practice in Pine Bluff.  Between 1962 and 1965, Branton worked with representatives of the major African-American civil rights organizations to register almost 700,000 new black voters in eleven Southern states. Following that, he became executive director of the President’s Council on Equal Opportunity and help coordinate implementation of the Civil Rights Act of 1964. He spent 1965 to 1967 at the Justice Department, before becoming executive director of the United Planning Organization (UPO).  After working with a couple of other organizations, he returned to private practice in 1971.  In December 1977 it was announced that Branton would be the new dean of Howard University School of Law. After five years, he joined the law firm of Sidley and Austin in its Washington DC office.

Branton died of a heart attack in December 1988.  Eleven hundred mourners gathered at a memorial service at the Washington National Cathedral in Washington, D.C. Among those present was Supreme Court Justice Thurgood Marshall. The eulogy was delivered by Vernon E. Jordan, Jr..  Then-Gov. Bill Clinton spoke at the Pine Bluff memorial service for Branton.

Black History Month – The National Black Political Convention at Robinson Center in 1974

Chicago Tribune photo

Chicago Tribune photo

In March 1974, Little Rock hosted the second National Black Political Convention at the Joseph T. Robinson Auditorium and Camelot Hotel (now a Doubletree Hotel). The first convention was held in Gary, Indiana, in 1972, and garnered much publicity, producing a National Black Political Agenda that included demands for the election of a proportionate number of black representatives to Congress, community control of schools, and national health insurance.

There were approximately 1,700 delegates from 31 states at the Convention.

The Little Rock convention was co-convened by Congressman Charles Diggs of Detroit, Michigan; Mayor Richard Hatcher of Gary, Indiana; and poet Amiri Baraka. Plenary speakers included Atlanta Mayor Maynard Jackson and comedian and activist Dick Gregory. Jesse Jackson was also in town for the convention. The convention featured a testimonial and tribute to local civil rights leader Daisy Bates at Central High School.

The 1972 convention had called for African Americans to form their own party separate from the Democrats and Republicans.  Two years later, few elected leaders came to Little Rock.  As leaders of established political parties started to embrace African Americans, many seemed to find it more advantageous to participate within the party framework.

Some of the delegates to Little Rock expressed frustration.  They were not there, they told the press, to listen to speeches.  They were there to take actions.  Over 200 resolutions were submitted, which were difficult for the body to consider.

It was ironic that Daisy Bates was honored. While many in the convention were espousing the Black Separatist movement, Mrs. Bates spent her career focused on integration.  A series of articles in the Chicago Tribune discussed the challenges of the conventions many different viewpoints.  Another challenge the convention faced was financial.  The organizers refused to accept funds from white-owned companies or foundations. And there simply were not many African American owned funding sources which existed, let alone were interested in funding it.

Nonetheless, the Convention left its mark on attendees.  And it did showcase that Little Rock had made progress since 1957.

Black History Month – Duke Ellington refuses to play segregated Robinson Auditorium

Newspaper ad for the concert that was not to be

Newspaper ad for the concert that was not to be

Seventy-seven years ago today, Robinson Memorial Auditorium officially opened.  Today’s Black History Month feature is on an event that did NOT take place at Robinson.

In August 1961, it was announced that Duke Ellington would perform in concert at Robinson Center.  He had previously played there in the 1940s and early 1950s.  His concert was set to be at 8:30 pm on Tuesday, September 5.

Due to the changes of times, the NAACP had a relatively new rule that they would boycott performers who played at segregated venues.  When it became apparent that Robinson would remain segregated (African Americans restricted to the balcony), the NAACP announced they would boycott any future Ellington performances if he went ahead and played Robinson.

The music promoters in Little Rock (who were white) petitioned the Robinson Auditorium Commission asking them to desegregate Robinson – even if for only that concert.  The Commission refused to do so.  Though the auditorium was finding it harder to book acts into a segregated house, they felt that if it were integrated, fewer tickets would be sold.

Ellington cancelled the concert.

Robinson remained segregated until a 1963 judge’s decision which integrated all public City of Little Rock facilities (except for swimming pools).

Black History Month – Lawrence Hamilton and Robinson Center

LawrenceHamiltonAnother notable former Little Rock performing artist who is memorialized at Robinson Center is Lawrence Hamilton.

The son of the Dr. Oscar and Mae Dell Hamilton, he was born in the small southwest Arkansas town of Foreman With an interest in music stemming from childhood, Hamilton earned a music scholarship to attend Henderson State University in Arkadelphia where he studied piano and voice He graduated in 1976 with a bachelor’s degree in music education.

From Arkansas, Hamilton traveled to Florida to work as a performer at Walt Disney World in Orlando, Florida where he would meet talent manager, Tommy Molinaro. This fateful meeting would prove to be a life-changing encounter, as Molinaro would invite Hamilton to come to New York to audition for the famed actor/director Geoffrey Holder. This marked the beginning of Hamilton’s bold and creative career in the performing arts, leading to performances on Broadway and on tours in Sophisticated Ladies, The Wiz,Uptown – Its Hot, Porgy and Bess, Big River, Play On!, and Jelly’s Last Jam among others. Perhaps his crowning achievement was starring in Ragtime.

Hamilton has been a member of the Southern Ballet Theater, Brooklyn Dance Theater, Ballet Tap USA, and the Arkansas Opera Theater He has performed in concert with the legendary Lena Horne at the White House for President and Mrs. Ronald Reagan, and at the Vatican for Pope John Paul II. Hamilton’s career also led to a stint as musical director for the renowned opera legend Jessye Norman, as well as vocal coach/arranger for the pop group New Kids on the Block

Upon his return to Arkansas, Hamilton served for several years as director of choral music at Philander Smith College. He also appeared in several plays at the Arkansas Repertory Theatre and made numerous appearances on the stage of Robinson Center with the Arkansas Symphony and other groups.  In addition, he performed at countless concerts, benefits and galas throughout Arkansas.  In 2003, he was inducted into the Arkansas Black Hall of Fame.  In 2008, he was appointed to the Little Rock Mayor’s Task Force on Tourism.

Hamilton died in New York in April 2014 due to complications from surgery.  Just weeks prior to the surgery, he had appeared in August Wilson’s The Piano Lesson in Cape Fear, North Carolina.  He had also starred in that play at Arkansas Rep a few years earlier.