The Houston Informer and the Texas Freeman (Houston, Tex.), Vol. 13, No. 51, Ed. 1 Saturday, May 14, 1932 Page: 2 of 8
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EDITORIALS
THE HOUSTON INFORMER
THE TEXAS FREEMAN
A WEEKLY NEWSPAPER FOR ALL THE PEOPLE
OPINIONS
THE HOUSTON INFORMER
AND
THE TEXAS FREEMAN
A WEEKLY NEWSPAPER FOR ALL THE PEOPLE
Published every Saturday by the Webster Publishing Company,
409-311 Smith Street, Houston, Texas
WHY NOT LET US VOTE?
By ATTY. J. M. NABRIFT, Jr.
Chairman, Harris County Negro
Democratic Club, Inc.
Man About Town
. By C. N. LOVE
THINGS THAT NEVER HA
Jouetit Shouse, chairman of the Na-
_ timal Democratic Executive Commit-
Entered as second-class matter May 28, 1919, at the post-office at Housttum, three, im_ speaking to a group of Ne-
Texas, under the Act of Congress, March 8, 1879. n.im» to Washington, D. C., a few
================================ days ago, urged Negroes to cease sup-
G. H. WEBSTER President-Tiemsuner porting the Republican ticket blindly
CARTER W. WESLEY Vice President and tummy to the Democratic banner-
S. B. WILLIAMS Vice President Im New York, Massachusetts, inois
J. ALSTON ATKINS Hidlibur and many other states with large
C. N. LOVE Contributing Editor electoral votes similar appeals are be-
MISS EULALIA A. EDWARDS Society Editor IE mattes Negro voters.
J. M. BURR Advertising Director John Garner, speaker of the house
GILBERT T. STOCKS Circulation Manuge of representatives, a native Texan, is
=========================== heinge groomed for presidential hon-
SUBSCRIPTION RATES (Cash in Advance): ems-Assuming that the difficult and
One Year, $2.00; 9 months, $1.50; 6 months, $1.25; single cog, 5e I improbable, ure and
(No paper mailed for less than 6 months) I nominated at Chicago
Office. 8 a. m. to 6 p. m. Telephone PRESTON 7916 What have we:
Texas Democrats, who ostensibly
ae most anxious for his nomination
nd election and who should be leav-
ADVERTISING REPRESENTATIVES
w. B. Ziff Co., Chicago, New York, Los Angeles, Rochester, Kansas
City and Lagos, Gold Coast, Africa
me me stones unturned to secure
same, have deliberately closed their
IMPORTANT eyes to the first solid opportunity they
IMPORTANT have had im years to land the nomi-
All matter intended for insertion in any current issue of The Housthem nation off a Texan for their party and
Informer must reach our office by Wednesday noon of the week publlica- ame punusing a policy, coldly and cal-
tian of same desired, autingly designed to alienate ap-
Make all checks, drafts, money orders, etc., payable to and address alll proximately 3 million Negro voters
communications to the Webster Publishing Co., 409-411 Smiilih Sirett, ffronn theirr own candidate.
Houston, Texas. D The decision of the United States
Always demand a receipt when paying your subscription to The Efkousthomn Supmeme Court of Monday, May 2,
Informer, and pay no subscription to unauthorized representatives. AN dailyidedaned that the State Democratic
appointed agents of The Informer will have receipt books. Preterit youar Wreutine Committee of Texas could
own interest, as well as ours, by insisting upon a receipt and keeping same net haring, exclude Negro voters
when obtained. - - -
INTELLIGENCE AND INTEGRITY MAKES MEN
AND RACES GREAT
from the Democratic primary. On
the eve of the presidential primaries,
with a native Texan as a candidate,
dfid the Democrats of Texas acquiesce
HOUSTON, TEXAS, SATURDAY, MAY 14, 1932
NEIGHBORS IN BLACK
At a meeting in Atlantic City last week, the Northern Branch off the Gen-
eral Conference of the Methodist Episcopal Church declared for racial
equality. They adopted a resolution providing that the quadremiial com-
ference was never to meet in a city where the color line was drawm against
delegates in hotels, restaurants and public places.
Although, as the press announces, that may mean the end of al possi-
bility of reunion between the Northern and Southern branches of this
church, still the stand of the Northern branch is the only right ome to take.
Christ made one distinct contribution to civilization. He gave the world
im said decision and seek to garner
some off these millions of Negro votes
to doubtful and border states for Mr.
Gammer?
Did they urge the Negro Demo-
calls off Texas to suport Mr. Garner
• that Negro members of the speak-
ar party citizens of Texas might be
suntt into the border states and states
willin large numbers of Negro voters
there to plead for support of the Dem-
erratic ticket and for Mr. Garner, who
manwhile would have been endorsed
by the Neogres off his own state? Can
any man be riveted president of the
Unitted States who wilfully ignores
three million potential votes and says
an efiffect: I don’t care for them?
Na. the Democrats of Texas did not
love instead of hatred and prejudice. He taught that we must love cum mmentt such a wise policy. On the
neighbors. One of his greatest sermons was the parable of the god Sa- me a'ad 5.eufE
maritan. Can a man or a group or a church be Christian and practice dis-ama fi—s the Ito Grande to the Low
crimination? Can one hate and despise his neighbor solely because me is isianm Times “How can we avoid the
black and be such a Christian as Christ will accept? hllifig im the Nixon case and still
hiking m the Nixon case and still
exclude the Negroes in Texas from
the primaries?” To retain the pri-
maries and exclude the Negro—that
is the question. To those familiar
with the practical effects of Negroes
voting in the primaries, it all seems a
“tempest in a teapot” or “much ado
about nothing” except of course to
the ballotless Negro.
Suppose the Negro does vote in
Texas, then what? There are approx-
imately 800,000 Negroes in Texas. On
the high scale of 1 out of 10 Negroes
qualifying for voting, the potential
voting strength would only be 80,000.
Let us analyze this apparent vote. In
the first place, 80,000 Negroes as we
all know, would not pay their poll tax.
In Heavenly Houston, only 7,000 paid
and a larger percentage of Negroes
paid in Houston than in any other
place in Texas. There are now no
more than thirty-five or forty thou-
sand registered Negro voters in Tex-
as. In the second place, a great per-
centage of these voters are dyed in
the wool Republicans and don’t want
to participate in the Democratic pri-
maries. What is the next result?
That for the purpose of excluding
about 20,000 Negro Democrats in
Texas (about 4600 Negro Democrats
in Houston) from the Democratic pri-
maries in Texas, the Democrats of
Texas are anxious and willing to
sacrifice Mr. Garner's chances or that
of any other Democrat, for that mat-
ter, for election to the presidency of
these United States by closing any
possibility of carrying many states
where the Negro voters constitute a
definite political strength. Is the
gain worth the price?
I am a Democrat and am willing to
take the party pledge (which Senator
Love and other Democrats are not
willing to take). Why should I not
be allowed to participate in the pri-
maries. If white citizens exercise
their rights of suffrage, the votes of
the few Negro Democrats in Texas
will not be so important. I desire to
express in the primaries my choice of
those who are to bold the reins of
government under which I am to live.
Negroes want protection, sanitary
conditions, lights, pavements and
good schools. Any Democratic office
holder will not suffice. We want to
vote for the best office seekers.
The Democratic Executive Commit-
tee can accelerate the Garner for
president movement on May 23 and
24, by voting to abide by the Supreme
Court decision and allowing Negroes
to vote—Why not?
NO Pop! _
I DON’T WANT
TO 60 TO THE
MOVIES BECAUSE
THE PICTURES
WIGGLE AND
HURT MY
EYES
What will it profit a group or a church to gain the advantage of gum-
crowism in this world, if thereby all chance of salvation is lost? Whuit
ECONOMIC IMPORTANCE OF “NATIONAL
would Christ say if He should come and find Christians refusing to mar-
ship with other men because of their color? The Informer agrees wild . . . n w .
the conference of the M. E. churches that Christ really memt “Love thy COTTON WEEK TO FARMERS OF TEXAS
neighbor.”
By PROF. WALTER R. HARRISON
LET VOTES GET NEGROES’ RIGHTS
We marvel at the ease with which many of our leaders prove that No-
groes should support the Republican or Democratic party, depending up-
on the party to which the particular leader belongs. Even in Texas, where
the Negro is a man without a party—the Republicans elude us and Demno-
crate bar us—our leaders can prove either party to be our only hope.
We are beginning to wonder if Negroes liaven’t been approndhiing this
question of politics from the wrong angle. From the Negro’s angle is
the party important? We stand like one naked in a storm—we ame with-
out adequate streets, lights, parks, transportation, or accommodations; we
have no civil rights, we dare not protect our homes.
Who can give us these things we need? Parties are only incidental.
We ought only lend our support to the man or men who can give us the
first thing we want regardless of the party to which be or they belong.
From this angle, we should ask: “What does the Republican offer?"
What does the Democrat?^ “What does the Socialist?" And “What does
the Communist?" We can’t agree to serve anybody for what his party
has done in the past. We have paid for past favors by our wiles m the
past. Now there are new issues—for us new needs. We must ask endh
candidate “What have you to offer for our votes?" They are asking for
our votes today, not that we prove that we voted for their parity last year
or the year before. Why shouldn’t we insist that they give us soomeilliing
today and not rest on what their fathers gave our fathers for their votes?
As we said, we are just wondering. We do not claim this kind of am
approach was used by our fathers, but like Banquo’s Chost, the idea that
this is right keeps haunting us of late and won’t down.
The “National Cotton Week,” will
Beggin May 16, 1932, which has been
amnumred by the Cotton Textile In-
stiltutie. The aim of such a week is
to cnente a greater demand for cotton
goods.
Catttiom is the most important crop
im the State of Texas, la normal
times,, ft is the largest cash erep for
the bulk off farmers, and they have
depended upon this crop for their eco-
_ survival. During these days
of exomomie depression, the farmers
Huawe been paid very low prices for
tthheiir cotton, iff paid at all. This sit-
■otma is sometimes called the tragedy
rgeoocesemselves, against low
12921et.engss to pause a “live
adt Home Program” that is diversify-
ing their crops, which is a good thing
for they will tame all the fundamental
memssitiss for an abundant life dur-
=5 these ess that a trying men's
This week is expected to stimulate
consumers demand throughout the
country. It is, also, hoped that the
cotton farmers will buy the commodi-
ty that he is actually producing. The
farmers with the rest of the consum-
ing public will aid in the elimination
of the cotton surplus. All kinds of
cotton textiles will be displayed at the
various stores during this week. Since
Texas is an agricultural state, and
produces about one-third of the na-
tion’s cotton crop. No little success
will come to those living in the rural
community with an increase in the
demand for cotton products.
It is to be hoped that the farmers
during the “National Cotton Week”
will learn this fundamental economic
lesson, that is that they must be con-
sumers of the actual products that
they are producing along with the
other competing products. May this
economic burden of Texas be thrown
into the sea of oblivion during this
“National Cotton Week.”
TESTED TRUTHS DENTAL TALKS
By ELLIE: ALMA WALLS
By DR. WALDO J. HOWARD
Houston Dentist
MAKING SELF HELP POSSIBLE
CHEATING
Same lessons in life come early;
Mayor Walter E. Monteith and Will Howitz are looking for a thousand
acre tract which they can convert into small farms for destitute families, hatter experience and pain. When
atthens are learned only after years of
quite young I learned that cheating
ing depression, with its attendant misery and want. It will give men their “ A t n m vt, time ezami-
self-respect back by making them producers. Incidentally, The Imfonmen mantiom in algebra. It was in the days
advocated this idea in an editorial headed “Drive Depression Our Wiihlwihem many problems were given and
Gardens,” April 9th, m 5i"£fti£,ds
It can hardly be doubted that Negroes ought begin now to plant their the subject was exponents. They let
yards in gardens. With money short, wise men figure to produce mome uss ro dirwm stairs at recess. One girl
and buy less. If a man and his family raise their own okra, nommloes, And am algebra down there. We dus
mustard greens, etc., the money which they would spend for three will
go to ease some other tight place.
Negroes who have vacant space can do their bit by letting unemployed
Negroes plant it in gardens. The Informer will announce free any coffer
of vacant space for gardens and will provide seeds for the first five gar-
dens started by men out of work. The Informer will help uhome
would help themselves.
The Informer believes this is one of the most effective win—r of amladk
uned around ft and tried to get some
ifomaltiom about zero and negative
I’d ted -newerd
awe the discussion and when we re-
thammedi upstairs I made wrong a ques-
trim which had been answered correct-
t monn't*
I know a man who seems suable to
mH the truth where money is concern-
Texans are bled to death by expenses of government mna tows. LC-ett St is more a
costs like the devil to call a special session of the legislature. The omas memive than te estimated, especially
fall on land owners, while, Mexicans, Hebrews and Negroes. “How Coumne” is this the ““ if his employer shows
we are going to suffer a called session of the legislature when we ame al.- "==-=
ready having our property taxed away from us?
HOW COME?
HEFLIN WHERE HE BELONGS
a second job from the same person
He is always looking for work.
A woman of my acquaintanceafer
yas ago haft a very beautiful church
wedding. The general public thought
it was a happy marriage. But the
Bridle had confided in more than one
was se swallowed eetehn:
zuw dome and support, and that she
. ook was tied off having to work. By one
up to a justice, so they mominafied off those strange sure processes by
. .1—1-I which the laws of compensation ope-
In Alabama last week, the Chilton County Republicans nominanod ffi.oum-
er Senator Tom Heflin for justice of the peace in Beat Four Distinct.
We always knew he was too litte for the senate, but he___„
np by the senatorial toga we never could tell just what his sight sine w
The home folks caught him without this senatorial masquerade and
his measure. He didn’t quite measure ._____
him for that office since it’s the smallest they have.
Well, they say that water seeks its level. We predict now than Mr nt= the husband suddenly died, with-
Tom is in his natural position, he won't seem so queer. Le 2
jib and gind to gee E. sao has com.
SORE TEETH
Mr. Kipling states in his story of
“The Irish Guards” through his ser-
geant in the front line trenches that
“A man with a sore tooth is a nui-
sance and a danger to the whole
British army.” To a large number
of us this statement needs no expla-
nation for we know how true it is.
We can easily say that the man,
woman or child with a sore tooth is
not only a nuisance to themselves but
to every one else (especially those
near us) as well.
The question for us to solve and
the solving of it is simple. Howto
prevent the teeth from getting sore?
This can and will be done by visiting
your dentist at least twice a year for
examination and all necessary work
to be done, taking care of the teeth
at home as we have suggested
through these columns before.
NEW C. M. A. TOBACCOS OUT
New York City.—Four new brands
of C. M. A. tobaccos went on sale
last Wednesday, according to an-
nouncement fro mthe national office,
145 West 41st Street. The four prod-
ucts are C. M. A. cigarettes, a turkish
and domestic blend, which are packed
10 in a box and sell for six cents; the
“C. M. A. Twins,” two cigars for 5
cents, wrapped in cellophane; the Pan-
atolla five cent cigar, and the C. M.
A. Perfectos, a ten cent cigar which
is filled with choice Havana tobacco
with a Sumatra wrapper. All the
cigars are wrapped in cellophane.
tinued there for several years.
And so instance after instance
could be multiplied. All of them
prove the cheater is invariably cheat-
ed. Truly cheating does not pay.
Editor Love was compelled to go
alone to his voting place, the Taylor
School in precinct 30, last Saturday
evening before 7 o'clock, where he
went to see whether Negroes would
be allowed to participate in the Dem-
ocratic precinct convention that had
been called there for the selection of
delegates. He had been advised in
advance, however, by his lawyers, Na-
brit, Atkins and Wesley, to “be sure
and take two or three witnesses with
you before you undertake to partici-
pate in the proceedings.”
The editor had planned to partici-
pate, as per attitude assumed by J.
B. Lubbock, chairman of the Demo-
cratic County Committee, who had
been quoted on Tuesday, May 8, the
next day after the United States Su-
preme Court’s ruling in the Houston
Post-Dispatch, as follows: “My duty
is to administer the county affairs of
the party according to the law and
the courts, and, if they said Negroes
should vote, there is nothing to do
but let them vote.
“If they do vote I will try to make
provisions so that they can stand in
separate lines and vote separately.”
During the day while down town
and, later in the ward, Editor Love
did his damndest to get two or three
Negro voters to accompany him to
the poll, not for them to try to par-
ticipate, but to be there as witnesses,
so as to see and bear what Love did
and said. Editor Love had planned
to ask the chairman and secretary:
“When were you two officers chosen
as chairman and secretary, respective-
ly, of Precinct 30?
“If you were elected as such at the
reorganization of the precinct in 1930,
isn’t said organization a creature of
the statute that the United States
Supreme Court invalidated Monday,
May 2.1 - --
“If such is the case, I now seek to
participate in these proceedings first,
as a member in good standing of the
Harris County Democratic Club, in-
corporated, and, secondly, as * John
Nance Garner Democrat. I respect-
fully ask your ruling on these propo-
sitions.”
That meeting was organized by 17
white people, 13 men and 4 women,
but 25 or 30 minutes later, 3 other
white men came in, but ostensibly,
they were observers, or Democrats
who were opposed to subscribe to the
pledge that was recently ordered by
the State Democratic Committee at
Dallas.
The meeting was very orderly and
it was harmonious from start to fin-
ish.
After the meeting adjourned and
while the participants were dispersing
for their homes, the chairman, C. J.
Lidstone, walked up to Editor Love
and said: “I want you to be sure to
vote on May 21, that is two weeks
from today. In fact, I want all qual-
ified voters in my precinct to vote
at all elections, because I want my
precinct to make a’ good showing at
all elections while I am chairman.
“It matters not to me how they
vote, just so they exercise their vot-
ing privilege.”
It matters not which way the cat
jumps when the Democratic State
Committee meets in Houston on the
23rd, instant, to pass further on Ne-
groes voting in the July primaries,
Editor Love has resolved to go be-
fore that committee, if he is allowed
that privilege, and tell them a thing
or two about his democracy and what
he has done in the past, beginning
with 1892 when the late Captain J. C.
Hutcheson, Democratic nominee, as-
pired to go to congress, also what the
late Dr. R. T. Flewellen, who once
owned Editor Love as a slave, advis-
ed Editor Love to do during the Hogg
and Clark campaign after the State
Democratic Convention that met in
Houston that year split, and when all
office seeking Democrats in Harris
County were begging Negroes of ev-
ery persuasion to swallow the Demo-
cratic ticket from Grover Cleveland
to Bill Glass, the latter being a can-
didate for constable.
C.M.A. STOCK 90% SUBSCRIBED
In a letter to the stockholders of
the organization last week, A. L. Hol-
sey, president of the National C. M.
A. Stores, Inc., said he was gratified
to say that the $100,000 capital stock
is more than 90% subscribed. “As
you know,” Mr. Holsey's letter read,
“Our organization was capitalized for
$100,000, and the stock issue is now
more than 90% subscribed. For that
reason, we are discontinuing the sale
of the present offering of securities
early in May. This represents a great
achievement in the organization of a
business enterprise and establishes
very definitely the confidence and
good will which the public has toward
the C. M. A. movement.
“With the closing up of the stock
sales campaign," Mr. Holsey said fur-
ther, “we are devoting the entire
strength of our organization to the
development of our department of
store operations, which is the income
producing department of the com-
pany.”
Take heed! God is not mocked,
whatsoever a man soweth, that shall
he also reap.
25a
ATIONAL CARTOON Co M.L.
What Others Say
Following is an editorial taken
from the Campus, city college student
publication, under the title “To Real-
ize an Ideal”:
“The college basketball game with
Howard University on Saturday even-
ing was played in keen, friendly,
sportsmanlike manner-in direct con-
trast to most of the other contests on
the schedule. The game was played
for charity, which thanks to the indif-
ferent neglect of the metropolitan
newspapers, did not benefit as much
as it might have. We see no reason
why Howard University should not
be included next year and in future
years as a regularly scheduled oppon-
ent of the Lavender, Howard ranks,
both in playing ability and in draw-
ing power, with most of the college’s
court opponents. No other considera-
tion should enter into an ordinalry
game, but it does in this case.
“The game on Saturday evening
was perhaps the first interracial con-
test between two large educational in-
stitutions in America. The campus
urges that this game be scheduled
again, not for charity, but for good
will; not for money-making, but for
the intangible good to be derived from
the furtherance of racial understand-
ing. As an institution founded on
the principles of democracy and equal
opportunity, the college should be ex-
pected to take such a step.”
Negroes On The Jury
From The Houston Chronicle.
The question of whether Negroes
must be included in grand jury pan-
els and petit jury panels has been
fought up to the United States Su-
preme Court several times. Imme-
diately following reconstruction, the
white element in the several Southern
states eliminated Negroes from the
jury panels. This practice was never
challenged in Texas until 1898, when
Seth Carter, a Galveston Negro, was
convicted of murdering a Negress,
Bertha Brantley.
Between 1898 and 1903, the ques-
tion of placing Negroes on both grand
and petit jury panels was thoroughly
threshed out in Texas. The justices
of the Court of Criminal Appeals, fol-
lowing the precedent of Carter versus
State, held uniformly that the pres-
ence of a Negro was necessary. The
Negro, of course, occupied a position
on the panel of 16 from whom the 12
grand jurors were selected. In prac-
tice, since the people of Texas were
consistently unwilling to have a Ne-
gro share in the deliberations of the
grand jury, members of the race who
happened to find a place on the grand
jury, panel were not permitted to
serve.
WEEKLY RHYMES
By J. WALTER M I. •.
MY VAMPIRE LADY
As I was strolling down toe street,
I met a pretty maiden.
Whose cheeks'were fair, had darken
hair.
And nothing about her fading;
Her lips were red, pearl teeth the-
tween,
I found her name was Josephine,
any, line, ehroreh % *
I met that self same maiden;
She look’d surprised, with hazel eyes.
And a face with knowledge totem
Her form was stout as could Ne seem.
Please let me call you, Josephine.
I've searched this world. East to Went
Seen girls with diamonds laden.
But none so true, I think as you.
You stocky, small foot maiden.
Of all the gials, you are the queen.
I learn to call you, Josephine.
I see you in my dreams at might.
My ship comes sailing laden.
Such quite lil’ nose, and lovely nor
Belong to no other maiden;
Oftimes I wake to see the queen.
But miss my vampire, Joneriliine.
Beautiful girl! I chanced to meet;
My heart with love is laden;
Give me your love, you little dove.
And be my sweet, fair maiden;
I'll ride you in my limousine.
You are my vampire, Josephine.
required to be selected impartial
from the tax rolls of the county. Eh
of
dence on the recent impand
Harris County petit jurors i
a specific intent to discrimin
is true that by accident the ■
some Negroes qualified by laws ffor
petit jury duty were selected by Hot,
but the testimony in Judge Whit
Boyd’s court revealed that an effort
had be— made to eliminate from the
It.
i of
wheel the names of Negroes.
Considered Again.
The Smith case was considered by
the Court of Criminal Appeals of
Texas in 1902, Justice Henderson de-
livering the opinion.
The Court of Criminal Appeals rre-
versed the judgment of the trial comt.
Justice Henderson expressed the opin-
ion:
“It is evident to our minds that, in
the appointment of the jury commis-
sioners who prepared the lists from
which the grand and petit juries were
formed, discrimination was shown
against the colored race; that is, such
as the Supreme Court of the United
States would hold to be a discrimina-
tion and a denial to the appellant of
the equal protection of the laws.”
Third Time.
For a third time the Smith case
Negroes Have Served.
But it so happened that some white
jurors on the grand jury panel were
disqualified or excused for various------— --------------
reasons, and so the practice of excus- jury had been impaneled in Grayson
ing the Negro was found to be incon- County and once again the motion -
venient.
came before the Court of Criminal
Appeals and again Justice Henderson
delivered the opinion." A new grand
hr
As a result, the habit of including
a Negro not only on the panel but on
the grand jury itself has become fix-
ed in Texas. During the five years
which followed the first adjudication
of the Carter case, the law was con-
stantly interpreted to hold that Ne-
groes must not be omited from the
grand jury panels.
In the case of the petit jury, the
same customs applied. The petit jury
panel included Negroes, chosen in the
larger counties by the jury wheel
system. For a number of years ft
was the custom for counsel in the va-
rious cases to agree not to select Ne-
groes for a petit jury. Each attor-
ney voluntarily forfeited half a chal-
lenge in following this procedure.
Gradually there were exceptions, and
today a Negro occasionally serves as
a juror in a civil case. In felony
cases, the difficulty of close contact
in the confines of the jury room pre-
sents itself, and mixed juries are not
used.
Discrimination Presumed.
The failure of jury commissioners
in small counties of Texas to select
Negro members of petit jury panels
is merely presumptive of discrimina-
tion against defendants of the Negro
race, a discrimination which must be
proved by evidence submitted. In the
case of the wheels, however, the fail-
7-* ---C-_ -
quash was made on the ground that .
the defendant had been discriminated
against in the selection of its mem-
bers. In the former trials of the
esse, no Negro was drawn on the
grand jury, but the third time a per-
son of African descent was selected.
The appellate court through evidence
discovered that the Negro chosen Nr
the jury commissioners of Grayson
County was either dead ar had left
the county a number of years before
the offense was committed.
“While the commissioners, in their
testimony, attribute this mistake to
an accident, the law does require that
in the selection of grand and petit
juries the Negroe race be not discrim-
inated against where a Negro to to Na
indicted or tried ... In order to meet
the decisions of the Supreme Court
of the United States, they discussed
Negro on the grand Me eme
when we take in connection with this
the fact that the commissioners drew
or selected a dead Negro to serve on
the grand jury, ft makes it evident
that they did not exercise that care
in the selection of — important a bodly
as the grand jury that would indicate
their purpose was not to discrminate
against the Negroes.”
It took several decisions of the ap-
pellate court to convince Grayson
County that one live Negro on the
grand jury was an absolute necessity
if indictments made by that bolly
ure to include names of Negroes in-
dicates a specific violation of the law -__-
in the first place, since the names are were to stand up — appe
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Atkins, J. Alston. The Houston Informer and the Texas Freeman (Houston, Tex.), Vol. 13, No. 51, Ed. 1 Saturday, May 14, 1932, newspaper, May 14, 1932; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1637804/m1/2/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rice University Woodson Research Center.