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: Mayor Woodrow W. Mann

IMG_3231Future Little Rock Mayor Woodrow Wilson Mann was born on November 13, 1916, in Little Rock.  His tenure at Little Rock mayor was tumultuous from both things of his doing as well as events that catapulted him onto the international scene.

In 1955, he ran as the Democratic nominee for Mayor of Little Rock and defeated two term incumbent Pratt C. Remmel, a Republican.  He took office in January 1956 and immediately set about to make a lot of changes.  In addition to revitalizing the City’s bus system, and removing some color barriers at City Hall, he oversaw the dismantling of the copper dome on top of Little Rock City Hall (as opposed to the repair of the dome championed by Mayor Remmel).

Mayor Mann was caught up in a grand jury investigation into purchasing practices at City Hall as well as within the City government in North Little Rock.  Partially in response to this, Little Rock voters approved a new form of government in late 1956.  Mayor Mann opposed the switch to the City Manager form and refused to set the election for the new officials but was ultimately compelled to do so.

He was also Mayor during the 1957 integration of Little Rock Central High School.  He sought to keep the peace and to broker a deal between President Dwight Eisenhower and Governor Orval Faubus.  His powers within the city were, no doubt, hampered because of his lame duck status as Mayor.  In November 1957 following the election of the new City Board of Directors, he chaired his last City Council meeting and left office.

In January of 1958, a series of articles written by Mayor Mann detailed his perspective on the events at Central High. These were carried by newspapers throughout the US.

Because of ill will toward him due to the Central High crisis (he was criticized by both sides) and grand jury investigation, Mayor Mann felt it would be difficult to maintain his insurance business in Little Rock. He moved to Texas in 1959 and remained there the rest of his life.  He died in Houston on August 6, 2002.

An entry about Mayor Mann in the Encyclopedia of Arkansas History and Culture can be found here.

Little Rock Look Back: Pratt C. Remmel

One hundred and three years ago today, on October 26, 1915, future Little Rock Mayor Pratt Cates Remmel was born.  He was one of five children of Augustus Caleb and Ellen Lucy Remmel.  His father died when he was five, leaving his mother to raise six children (Gertie, Harmon – also known as Buck, Pratt, Gus, Rollie, and Carrie) by herself.  After graduating from high school in 1933, he received a bachelor’s degree in economics from the University of Virginia in 1937.  During World War II, he held the rank of Lieutenant in the US Navy.

The Remmel family had long been involved in politics.  A great-uncle had been the GOP nominee for governor and senator as well as serving on the GOP national committee.  Remmel’s father had been the state GOP chair and his mother was the Arkansas Republican national committeewoman for nearly three decades.  In 1938, shortly after returning from college, Remmel ran for the Little Rock City Council but did not win.  In 1940, he became chairman of the Pulaski County Republican Executive Committee. For the next several decades, he held various leadership posts in the GOP at the county, state and national level.

Remmel made his second bid for public office in 1951 when he challenged incumbent LR Mayor Sam Wassell, who was seeking a third term.  Wassell shared the often held belief at the time that the GOP could not win any races in Arkansas because of the aftereffects of Reconstruction.  Remmel ran a vigorous campaign and won by a 2-to-1 margin becoming Little Rock’s first Republican mayor since Reconstruction.  In 1953, he sought a second two year term and was re-elected.  Though he had worked to build the GOP in Arkansas, he did not emphasize party affiliation in this campaign. He stressed he had been “fair to all and partial to none.”  This campaign included a rally which was aired live on six LR radio stations at the same time, a first for Arkansas. He won by over 3,000 votes this time over alderman Aubrey Kerr.

Remmel had been mentioned as a potential candidate for US Senate or Congress in 1954.  Instead, he ran for governor and was defeated by Orval Faubus in his first race for the office.  Remmel did receive more votes for governor than any GOP candidate had since reconstruction.  He is credited with laying the groundwork for the future successful campaigns of Winthrop Rockefeller.

A month before the election in 1955, Remmel announced he would seek a 3rd term as Mayor.  While later admitting he should have stuck with the customary two terms, he also said he ran to give voters an alternative to the Democratic nominee Woodrow Mann.  Mann, like Remmel, was in the insurance business; Remmel considered Mann to have a questionable reputation.  Several statewide Democratic leaders campaigned for Mann, who beat Remmel by 1,128 votes, one of Little Rock’s closest mayoral elections.

As Mayor, Remmel served in leadership positions with the US Conference of Mayors and the Arkansas Municipal League.  It was during his tenure as mayor that the land which is now Rebsamen Golf Course was given to the City.

After he left office, Remmel returned to business interests and staying active in civic affairs.   He was an active leader of First United Methodist Church and Gideons International.  He was a Mason, a Shriner, a member of the American Legion, and the American Red Cross.   Remmel served on the Arkansas River Basin Commission and chairman of the Arkansas Waterways Commission.  In 1996, he was posthumously inducted into the Arkansas River Hall of Fame.

Married for many years to Catherine Couch, the couple had three children, Pratt Jr., Cathie and Rebecca.  Lake Catherine in Arkansas is named for his wife. Remmel Park and Pratt Remmel Road in Little Rock are named for Mayor Remmel.

Mayor Remmel died on May 14, 1991.  He and Catherine (who died in 2006) are buried in Oakland Cemetery.

Little Rock Look Back: Ike sends the 101st

On September 24, 1957, President Dwight Eisenhower ordered the 101st Airborne to Little Rock to ensure that the Little Rock Nine would be able to enter Central High School.

In a thirteen minute televised White House address to the nation, President Eisenhower stated he had acted to prevent “mob rule.”  The President made his decision about the troops while vacationing in Rhode Island. But he flew to Washington DC to deliver the address from the White House. In his remarks, he stated that he felt it was important to discuss this action from the house of Lincoln.

Following the President’s noontime decision, 1,000 members of the 101st Airborne Division were flown to Little Rock.  In addition, all 10,000 members of the Arkansas National Guard were “federalized.”

Earlier in the day, Little Rock Mayor Woodrow Mann had pleaded with the President and US Attorney General for federal intervention.  He stated that the Little Rock police could not quell the crowds alone.

Little Rock Look Back: Ernest Green graduation from LR Central High

Last week, the Class of 2018 graduated from Little Rock Central High School.  Perhaps the most famous graduation ceremony in the long-storied history of Little Rock Central High took place on May 27, 1958.  It was on that date that Ernest Green became the first African American to graduate from the formerly all-white school.

Among those in the audience to witness this historic event was an up and coming minister named Dr. Martin Luther King, Jr.  A friend of L. C. and Daisy Bates, he attended the 1958 Central High School graduation to witness Green receiving a diploma. Each senior only received eight tickets to the ceremony at Quigley Stadium.   Dr. King was in the state to address the Arkansas AM&N (now UAPB) graduation.  Because he was going to be nearby, Dr. King wanted to witness the history.  Green did not know that Dr. King was in the stands until after the conclusion of the ceremony.  Later that evening, Dr. King gave Green a graduation present of $15.

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

Because of fears about the event becoming a media circus, the Little Rock School District limited the press on the field to one Democrat and one Gazette photographer. Other press were limited to the press box normally filled with sportswriters covering the gridiron exploits of the champion Tigers.  There were photos taken of Green prior to the ceremony as well as during the ceremony.

During the graduation rehearsal, there had been concerns that some students or other people might try to disrupt the practice.  But it went off without a hitch.  Likewise, the ceremony itself went smoothly.  Local press reported that some members of the class briefly chatted with Green during the ceremony.  That the event took place without incident was a relief on many levels to City leaders.  Also in the class of 1958 were a son of Little Rock Mayor Woodrow Mann and a daughter of LRSD Superintendent Virgil Blossom.

Little Rock Look Back: Mayoral Races without Incumbents

The announcement by Little Rock’s 72nd Mayor, Mark Stodola, that he will not seek a fourth term in 2018, sent the Little Rock Culture Vulture thinking about past mayoral races in Little Rock history.

Election records in the 1800s are spotty at best, so this discussion focuses on those who have run for Mayor once the current City Hall opened in April 1908.

The November 2018 election will be only the sixth mayoral election since 1908 without an incumbent or former mayor on the ballot.  (Assuming that none of Little Rock’s living seven former mayors choose to run.)

The most recent election without a current or former mayor was in 2006, when Jim Dailey had announced he would not seek another term. It was at that election that former City Attorney Mark Stodola, faced off against two former City Directors (Barbara Graves and Jesse Mason) and former State Senator Bill Walker.

From 1908 through 1957, Little Rock elections were partisan in nature.  In most instances, if one won the Democratic Primary, one was assured of being mayor.  Looking back at municipal general election results (where there was usually only token opposition at best) in those decades does not give a true picture to the spirited nature of races for City Hall.

The first election since 1908 without an incumbent or former mayor was in 1911. Charles Taylor ran as a reforming outsider and won an open seat for mayor.  He would serve until 1919. That year, former alderman Ben Brickhouse won the open seat.

R. E. Overman was elected to his first term as mayor in 1935, after incumbent mayor Horace Knowlton did  not seek a third term.  After returning to City Hall in 1941 and being re-elected, Mayor Moyer retired a second time in 1945. In that election, Dan Sprick was elected mayor.  That would be the final election in Little Rock without an incumbent or former mayor until 2006.

From 1957 until 1994, the mayor was chosen every two years by members of the City Board of Directors from among their membership.  The last person to be selected in that manner, Jim Dailey, won city-wide election to the mayoral position in 1994 and served until 2006.

Here is a history of all the mayor races since 1908:

1908 Special – Incumbent acting mayor John Herndon Hollis did not seek election to full term.  Former Mayor W. R. Duley elected
1909 – Mayor Duley re-elected
1911 – Charles Taylor elected after Mayor Duley forgoes seeking another term.
1913 – Mayor Taylor re-elected
1915 – Mayor Taylor re-elected
1917 – Mayor Taylor re-elected
1919 – Ben D. Brickhouse elected after Mayor Taylor forgoes seeking another term.
1921 – Mayor Brickhouse re-elected
1923 – Mayor Brickhouse re-elected
1925 – Mayor Brickhouse loses Democratic Primary to County Judge Charles Moyer, who wins the general election.
1927 – Mayor Moyer re-elected
1929 – Mayor Moyer loses Democratic Primary to City Attorney Pat L. Robinson, who wins the general election.
1931 – Mayor Robinson loses Democratic Primary to Horace Knowlton, who wins the general election.
1933 – Mayor Knowlton re-elected
1935 – R. E. Overman elected after Mayor Knowlton forgoes another term.
1937 – Mayor Overman re-elected
1939 – J. V. Satterfield defeats Mayor Overman in the Democratic Primary. He subsequently wins general election.
1941 – Former mayor Moyer returns to City Hall after Mayor Satterfield opts to retire after one term.
1943 – Mayor Moyer is re-elected
1945 – Dan Sprick is elected after Mayor Moyer forgoes another term.
1947 – Sam Wassell defeats Mayor Sprick in the Democratic Primary, subsequently wins general election.
1949 – Mayor Wassell is re-elected
1951 – Republican Pratt Remmel defeats Democratic incumbent Sam Wassell in the general election to become mayor.
1953 – Mayor Remmel is re-elected.
1955 – Democratic nominee Woodrow Mann defeats GOP incumbent Mayor Remmel in the general election to become mayor.
1956 – Voters switch to City Manager form of government, partially in response to actions by Mayor Mann’s administration.  Mayor Mann leaves office in November 1957.

1957 to 1994 – City Manager form with mayor selected from among membership

1994 – Mayor Jim Dailey wins election as Little Rock’s first popularly elected mayor since 1957.  He had previously been selected mayor by his city board colleagues.
1998 – Mayor Dailey is re-elected
2002 – Mayor Dailey is re-elected
2006 – Mark Stodola is elected mayor after Mayor Dailey forgoes another term.
2010 – Mayor Stodola is re-elected
2014 – Mayor Stodola is re-elected
2018 – Mayor Stodola announces he will not seek another term.

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.