The Negro Lawyer in the South
The honorable chairman for that farm guests members of the National Lawyers Guild.
Ladies and gentlemen.
I can hardly find words to express my appreciation for this opportunity of. Being with you at this convention and coming before you at this time.
I had to wonder this as I was coming here by way of plane.
One was how he missed paedo got so hot up there and had to be in that airplane flying around all night.
And the helo one though was Apollo the National Lawyers Guild selected me to. Be before you at this time says I am a country lawyer. I am not a member of the many boards as much. As the preceding speaker.
Is and I'm certainly not a scholarly.
Justice Peter spoke of changing the.
Word battle to a wall for civil rights in the south.
Now I can tell you something about the war.
In the south.
My subject is the negro. No you're in the south.
I shall deal with it from the standpoint of Pacific problems. In fact I left my speech.
In the hotel room after talking with some of the persons because I have found that I would need Pacific case illustrations in order to get over the thing that I was trying to demonstrate. Well I will say that for the most part the negro lawyer in the south is involved in the same mission as the National Lawyers Guild and that is in the protection and preservation of constitutional rights and in this connection the guilt reporting service is of invaluable help to the lawyer. The negro lawyer in the south. Atlanta.
Now the first problem. That I would like to call to your attention that is a problem that faces the negro lawyer of the South is one of finally the constitutional right that's being infringed and raising the issue that will protect the right in the face of the influence. Of the unwritten law on the southern side. Now the only written law punishes for politicians of social customs and practices rather than for conduct generally prohibited by statute.
Now I will try to. Give you the picture of that by way of illustration. I will use the case method. I will you first how are you can you the assault law. I don't know whether or not you are familiar with the case are we. A famous case in our era macking a negro tenant farmer. Who was trying to borrow a trailer to haul some comb he had to borrow from the man he was working for but the man happened to be out in the field.
So he went to the field looking for the man's daughter was in the field. He didn't know where the man was he tried to get close enough to the door to ask her where I was how far. She got frightened and ran home before he got a chance to say a word. Now they charged him with assault assault. The overt act was looking like we caught the famous leering case and so bought some custom and tradition. You could never understand why an assault charge would be brought in some person is never got pulls up take the evidence it 80 feet. Couldn't even get close enough to ask a person where her father was. Another case one I'm more familiar with is a case where a lawyer won and to represent the qualifications of his client to present the qualification of his client before the registrar. Do you understand why the lawyer would have to go in and to present the qualifications of his client before the registrar would require a little bit of background on the North Carolina registration law. Under the law at that time the registrar had unbridled discretion and almost absolute power in the matter of who shall vote and who should not vote. There was no appeal from the registrar to an administrative board or anybody else. The court in a number of pinioned have said that you could appeal. You had a legal remedy attorney Taylor Mitchell and I tried for. Four years to find that remedy that the court was talking about and tried in that court.
We didn't find I are going back to the present level to show you how they use the legitimate law the law is constitutional on its face to enforce. The unwritten law now being presented. What that type of problem of a person being denied registration The lawyer's first problem was to try to get the person right. That's all they were interested in and they've nobody looking for a lawsuit. Just trying to get the person on the book. It happened at the client at this particular time was a college student had just come back from the Air Force where he held the rank of sergeant he'd been in for four years had been off to school and had come back to try to get ready. I thought that was his duty as a citizen. To get rid of him. It happened that he came in late it was in the afternoon they redescribe had been instructed not to let any more Negro registered.
So he used the famous literacy test to disqualify someone this college person came to me. Then the registrar said he was unable to read and write. I said maybe she does not understand your background. So it was for that purpose only that I said went with the Klein to the registrar's office but it just happened as I got there there were about two dozen persons that had been denied in the last hour or so all complaining about the same thing. Now they heard that a lawyer was out there and they all came around wanting somebody to bring them some type of relief. I'm qualified and I want to read it anything and we can do about that time deeply with only to the reason of the registrar. But that was a mistake. Because the registrar first refused because it was a Negro involved.
The registrar refused to even talk about the person that had been denied and the second place certain violations of the underage law took place. Number one was that. I was told to to.
Get out of the registration place and my client had had it here so I thought at least I should be able to present the matter a placard in time to a hearing before the person as an administrative. OFFICER And the second place that in the southern custom was to decide what disobedience of. A white woman command that's a serious Valley's. That's a serious violation and the second one was I differ with her judgment on a matter that she had already said that was another serious violation IMO nothing took place. She firmly said well I'm not going to read it to them and there's nothing you can do but I depart. I hadn't gone about three or four miles before a Sirene.
On the policeman's car troll car sounded. And I stopped and I said are you James M. Walker I said I'm not. My name is James R. Walker. Where you want. To be wanted for what I don't know I don't have a war.
But you're a woman. I said what I speedy said no and I run to a stop sign no that I'm not going with you anyway. I haven't violated the law in your presence.
And I don't see you don't want you.
You're new around here he said I don't know I've gone to the next county. All in the next county.
I'm not new around here as he said while waiting I'll get the warrant so he used a two way system and called somebody and the man comes out the back of the house was on fire. Flour non-road stopped up behind the car jumps out ran ran up and Granby all nasty old gold bricks me grabbed legal put me in his car to bite him and off I said what you reckon before we have to answer that later. I said no no you're not taking me anywhere I happen to be by and large as he was so I asked to phone back. So he said you were resisting arrest.
I said I'm going continue to resist and fact I'm going travelling into well where I was going but the officer said well you can arrest him and to you sir one. He said no no he's a lawyer he knows it. They had arrested the rest of them. Without any cites you know. Women and. So me also went in his pocket and because he got up to go in his pocket came out with the walk and sit here the want now come on go back with me to see Bill. Oh no I'm not going to see people because I found out you people what she told me and I'm not going and you will do ours because you know I don't protect. So he insisted. But however are they off seemed to be quite in like he said you know you can arrest him out here because you're with us you can stop three miles back.
Said you you can arrest him I mean I have to read what he said were you arrested. So he said I can do it you have to give me the thought. So he said Well how do I give you the authority. He said you. Know what to do. We get. The sun someplace on it then and then ask me Was it all right I didn't look at us and I guess no. Man.
They called our nuke if you read to me I have to go to Jackson is to have a steeple jack in the county seat when delousing didn't want to go to Cebu to get the city sold. What to Jackson and when I got to Jackson they said are you are hereby charged with. Assault on a registrar. Trust pay or interfere with the registrar and just on the condom.
How do you plead. Before the magistrate and I plead not guilty.
When I buy new Over trial. Put put on a certain day and if you can get get by to go to bail I'm set to bail at $300 only charge.
So the jailer open the door said going on in.
I said I'm not going in there he said you know what happens when you don't do what we tell you I said I don't know what happened I will find out. I'm not going in there. So what I tell you what he called me call me a smart nigger aspect of what he calls so I said I might not be so I might be smug. Because you just. Found probable calm with no evidence. The registrar was still in the polling place.
Then they are all a person who could have testified I plead accept you can't I don't see how you can find. Probable called on a not. Guilty plea and no evidence. I said now nice for him that's an epic that bet or you got not want to take a written No I said I'm going to walk out of it going on by the bar.
But meanwhile I had to arrange for bond for one of them.
An outside wait is not doing.
So I told him that I could waive my right to live here so you can set bombs but I would not let you wait far so that is an instance where they were applying the assault on law and other laws which I'm not trying to discuss the case of but only from the assault standpoint assault charge there. The overt act with the shaking of a thing they said not at my core. My client is qualified to read that I asked you my finger pointed to the floor and that when the song left over that. Now. That makes it hard to know how to defend against a case that is the part that day. The point I'm trying to read that you have constitutional infringement because the song is faced with his constitution. But when you look at overt act and so forth that they find to make up the element you go find certain basic constitutional infrared mist which you cannot detect until after the evidence is in the car in the first place you don't know what they go on sale and the evidence and very seldom will be public official until the thing yes that happens.
But in this case the registrar did tell most of that as it actually happened.
And of course I was convicted on all the charges I will get into that then.
Next case I would like to. Give you to illustrate it. That's a view to a lot of factual matter of legal matter because you would. You couldn't understand a problem unless you understood from these facts standpoint. Now recently we had a case of crawling. Out of the famous Cameron Village which is a place that all within the ANP still within the colonial stores tomorrow going towards the old book. All of the big companies moved out of town and moved into this village McTee and a location and certain of us go without the headlights count them. Here now some of the students who have shown University and and other schools in the media they are the new girl students have been trading out there. And found out if you go out there and could buy all of the apartments except a diluted count. Now they had. The day before then and they had what we called some of them refer to the sit in spread to sit down lunch counter strike. They had been out and they have sat down and nobody answered. This next day they were coming out to sit down again all day but not a social custom being violated there quite a new girl should never even get that's what I'm trying to say yes to real basis. That's the unwritten law. Now they were coming back to violate the UN written law busted in its own seat but they didn't even get in the place they were out on the sidewalk when suddenly the policeman arrested. Now they would charge of trespass on the sidewalk now. But the real basis for that was that they were. Violating the under law of violating the custom and practice of eating separately from an in-demand to to eat where he purchased the food. Now. That case came up before the three students tried it one time unfortunately the United States Supreme Court decision in 1946 had already hailed and deal with this case I think there where a private concern had opened itself up to all of this for certain public privileges they had restricted some of the private rights and fact this and that particular case or person it was a middle community. Now a person is on the sidewall district a little too and threat for trust but you know he's pretty good healing took place. Action Everybody person right. So that case saved us from an appeal that had misread kids who had cared all where United States preen go had we had to carry the voting cases. That illustrate standard the problem of this unwritten law enters into play there that Kalas you not to be able to know exactly what you want your constitutional rights that they are infringed upon by the use of the common law. Now the second problem is keeping the constitutional issue as a subject for judicial decision. Now this problem exist mainly when you are attacking a discriminatory state constitutional and legislative enactment. Now I have to use voting illustration for there are we have in other fields. But I can give the voting one as an illustration of the difficulty of keeping the Constitution vision for the duce decision. We had a trial in state court. The attorney general's office sit down in one of his assistants to the trial court level.
And the assistant announced in open court that he was down and for the very purpose up of bending us from reading the Constitution to question and resentment to the big Supreme Court which is the highest court in the state. And he stated to the trial good that they are tired of did not want that question up there now as a big curious thing how they kept us in Canada.
They hand it happens that the plaintiff involved in the case had been turned down by the same registrar and we had the evidence that the person in the house that had the person's problem with us to go on the books that have been raised and live in the same place for 20 years. But he had read that wrong for that part of state because he was a Republican so we couldn't focus on that. He said I want to end four years in that community. Democrats got all that. In spite of the fact that the registrar had read people from all and not a general area as being in her present for this particular case were determined you know. They'd raise an issue of fact on present life and we lost our constitutional issue because if you were to present for that case to. Iowa Are we had to find other ways of raising it and keeping our own constitutional issue before us. Eternity along with my dismount they think that because I'm part of the frak. Where everybody knew that it had been a change made only the court trial itself of the present I ever got out of food in state court then and we found out that the state we did not know at first at the state would disappear. That attorney general's office. But at that time we found out. Good people working up against all of the pressure and power. All the lawyers in the area told me as an individual I work at home and here I say we're not going to school on have to work someplace. I'm I will start now. Because they're not going to get away with that for as I'm concerned. So in about three days I had from our activity prior to adjourn. And injunctive relief. And a federal district court after the 3 did and we got everybody that would get it but it did state then was faced with they facing their issue with three judges with a three judge court that we thought we had. How is your heart just long enough to get a decision and by the way that case is reported in the last two verses Taylor and the district court. Reporters. But here is what the state did not act first or what position the state was in to show you how you could do you can lose the cost of the future after you raised in the first place the headphones don't the law specifies a law that said that every person.
Are applying for registration must be able to read and write in his section of the Constitution in North Carolina except persons whose grandfather told before waiting six days and everybody knows that niggle can inquire about their grandfather calls because their their parents were insulated and were not told so I had to lower off. The burden of the letters the tears were all Negroes that when our main complaint some say you came to our lives is a good thing to look for for the elected heritable so that we're not our main issue at the time the initial wall that the Illinois people were voting and already getting people from going to Ted. That was the issue.
But it happened that the state had that provision in this town and this back to Torkel vision was simply implement the Constitution. Now. We have attacked both the constitutional vision and the statutory mentation before the three judges necessary to release.
Now the state.
Worked around worked around trying to get us to drop the case and we're going to bed and so for us at all no will try this case.
All right hand.
Thought I had. So what happened. One week before with no notice at all in the papers. Ought to decline. The attorney general's office a draft of the bill and had gone to the legislature and they had acted without us having any notice now because I anticipated what they were going to do. It just happens I wouldn't jail attack. On our.
Right as a crown. The other lawyer in the case said you have to get out we need your new civil side and you have. You next month or whatever. Messiah.
Well I was in jail on the post-conviction step on a post to in order to get myself within the hour with then the requirements of a post conviction that only a finger stick shake an assault case they had to waive the civil case in the criminal cases and a state court. I don't want to get into all that but I will mention in a brief the state court had ruled an assault case when they see when they look at the evidence and proceed at enough never legal conduct. They found a technicality for not hear an appeal and I found out that the court either left and it didn't get changed more but they used that technicality and I would in turn raised an issue because I was contend that in that trial what they were planning to do was go as far as my.
Drive and my part deny my part right now how to present a question for them for the ministry of exit number two they would infringe upon my right to work and earn a living as a lawyer and there were other constitutional issues that we were raising and number three the main one I wanted was this.
They had applied one of those Saulo we have a vision that said if you stop a person from doing what they have a legal right to do that in a song they got their broadcast most new girl they don't live that way they prolly element if a white person involved.
So they claim that when I went to his registrar who would read from the person and she had just done. Appius all comes back. And you claimed you had a legal right to keep going and that well the evidence which I have been convicted on switching cases but that they're going to have to convict him. So they had claimed you had legal right now my contention was that this data she was operating under was unconstitutional so she couldn't have been the right move or stack. So only good legal my rights but our faith in the Constitution I was just that which will stay with that now could not going on a civil debt inequitable case and I had to find a way out of. What I although I had a good question I thought because down with an application of an unconstitutional status and he's putting the clamp my conviction and I will be untied to try after that to expect to have that is cleared up. So most of us they think they mean the Constitution as they. Are. Ruben don't expect it to come to so now Russian assume OK to have a good plan will come to you so I come back and bring that dedicated a little evidence into the criminal case.
And then you saw he refused to act. When.
I am anticipating that they would repeal the statue. I asked my bondman I had three or four days of rest and I had read so much stuff until I didn't need doing more reading.
I anticipated that they would make such a move as a last result they were pleased that I was some improvement in the news that.
I grant that but this deal left the party and never heard a negro. So I said to the jail Oh my Bob I'm ready to go now. And he would read let me out because there's been no people out there they said look like the second coming of Christ that when people tell you. What they want in crime the wire services never think what all day inquired about Negro Lloyd got to do about their Golden Gate. So here's what what we did they did. Now Carolina passed a provision in its constitution relating to voting which says that any person I have the qualifications here and contain shall have the right to vote and election in the state that's Section 1 of Article 6. Now the state Supreme Court in a case not involving race and help that that wouldn't work a restriction on legislators want to legislate. Now. My contention was as I. Could see while in the general out that if taken for came out. The legislature would have no power for that proposal. That section 4 contain the limits a requirement and grandfather clause that was clearly unconstitutional under United States vs. going and my contention was that they had been you know cartoon division against nigger old.
Folk for 40 some years. Ever get enough of the now based upon something that we'll never know. So my contention while that the new Act implemented in that sector the Constitution was subject to the same for me. So I got out of jail right straight to the office and at the lower desk draw this up and said we don't have an MBA we don't want to take offense and I say I do. They change that law I don't know what you're. We might well be padlocked. So what happened was this that all of the lawyers the big attorney general assistant state's attorney general counted turning three or four experts from a lot a lot of partners of law firms all over the county were all pressed. They win their capital the whip to case to be tried out two days ahead of time because they will go walk in when the case get this dismissal and get this big victory and just walk out so they will celebrate. When we sent the reply out of their offices they went they were celebrating. They didn't get up. They were in the hotel celebrate.
But with the three judges meant never to take full trial and when the three judges met they had read everything in the record and they knew that that reply and prevent the speak from Luke now question.
So when they came in do they think they had all the press. PRESS. Television radio everything had already been had the statements made by the victim had not been there and that in their own mailbox head had looked in the jack.
Soul when the judge asked him. Here's Parker who's just now deceased. Chief Justice of the Fourth Circuit.
He asked him said they had one of their own of a person to make that motion so your department told him so now before we get to into any motion. He said First we'll hear hear the evidence and cope with Assad on almost an act that should we be the judge and we don't have time for for our whole lot of technical fools he said now we're going to sign saying one way or the other we don't all have to rule on the motions after after we've got all the evidence and sometime later but isn't it the time to do what is your reply to the question that the plaintiffs add to the assertion that the plaintiffs make that the constitutional knockout on that section providing for the lipstick with no name.
He said must depend he said to the judge that he was familiar with with the with the assertion handed me that so Dr. Parker proceeded to to lead to the time job on the DNA.
So but he applied them he allowed it to 20 days and put together a defense. Twenty days to file briefs and but time to manufacture something. But anyway when a court opinion came down the three judge court handed down its decision its date proceeding in the case but after ruling the second four as we continue to evolve but saying that this whether or not this bad newly elected stat is down alone without this constitutional support. Or the question for state call now we have our first big decision same already that you would have to have it in the voting case so what we had was it that going to the state Supreme Court what had to go right back through the start of the present level for the same registrar. But that time I would be like a clock reading right I went in with. So we went all way up to the Supreme Court and we had to make admissions get move remove all question the fact of also on the stand to preen Court did a excellent job. Of. Gymnastics. There is right. They managed to revive that part of the state constitution at the district court sit with Monet.
View from pain they said in 1945 when 1945 when the people of North Carolina voted. On section more. Not just on cultivation and Section 4 in section 1 to eliminate the word male to the form of 19th Amendment they did leave the word male originally had every male person did leave the word male if they wanted to leave that word made that revived all the rest of that was not bound up by you know I think personally. So we went to the United States Supreme Court really only quoted one comforting remark.
That if you really want our question wrong.
But I think that's enough to to show that keeping the Constitution this year this subject for judicial decision is the problem.
Well I have to mention one other thing that I don't to take too much time but another way did I have to say this because this is probably unique method after the in the assault case they found a technicality to avoid ruling on my right to practice our right to have that my platform administrative rather for administrative office they brought in another proceeding check came from the same situation brought the charge in the family to register on forms and would do almost anything I say. On Same with Stalin and they came back with a different type of offense you could live say may have been what I would have to agree with under state law as written that that was a separate jargony could could be used ever just going out of the same the same transaction and that's what all I want to be convicted.
Because I will go raid that call to question the rights of Blowing Rock that they dump in the stockade. And by that time our why we raised what the Supreme Court got the case and couldn't get around the room and almost constantly they said they are all out of the case dismissed only ground double jeopardy what with what you want to give I would be right.
I've never done that yet. I want to.
I want to die I don't want to raise the issue because of double jeopardy because first place under the other decision in other cases where a man really needed double jeopardy hasn't met the king the court didn't allow.
That. But in my case I didn't want to and they brought it up it wasn't even the case.
They can assert probably is one of obtaining evidence and getting it considered whether state law must take office. Officials are concerned obtain the evidence.
To get a case in Littleton or Caroline to get the evidence the registrar would ask when was the 18th Amendment passed what was the proper name actually form people are both questioning her you heard they thought this bill would read write the constitution and they have a map of that sort of speech which it was given in the testes and civics. I wanted to get the copy of your Civic examination.
So I divide the plan I had a school teacher and another person to go out to take a course I think scooted through the car but I had better luck next day and I was tired which was doing what he did know me as he was inside of a gym nation are. Given his test I was just outside sort of person to hand me a copy of a question I put in the pocket I read to go because I have witnesses witness that one he gave.
I had written evidence. Now the last thing I want to text me but. So to read.
Strong looked old and said to the person you complain about taking my test you don't have to take it you can read.
So I give back to those who say I don't have but that time is part of me outside. Back up. Down evilly Philly came out charged at me and I had to do the goose step all ya get now the way he puts you in the back and he got back at you knowing that I had that many quit the car so I could up so I could run again and get away. So they were excited so somebody could get caught up like I ran and jumped in the car with red to run behind.
What I had my car parked. About.
Four or five blocks away because I knew what they were going to call the police system you have learn how to lose and I had your floor too for that they knew along with the ride back there so I got out a late model car got him a fool and got going back to work I got about three four miles down the road and I heard somebody told the man that. Told him I'm not fool.
Solara not going to break the law but I had every now and then going to take my word for it. You know always back by 15 hour they didn't get. There. While that would report that case we fly out our big the mantissa to case of our.
Of our armed forces coal which is still pending in a federal district court that we don't have money to move. Move to cave but we still got evidence in the case of the opinion that a just because someone had that problem of opinion evidence def just one instance and in no instance. I have voted for our Negro on the run the board of education and they passed the law because we think if we block vote might get one on the board kids a parent the law against what they call single shot mode where they are going at large if you need to get to vote for for the full number of hours then throw your ballot out if directed it up so I will attack static and quite know how are going to have a dance because they going to play have been thought of 5000 then they go see the back of the secret so you can prove they're going to now have the act and I say what I know I would never again will never do if I said I gotta get me some evidence. So when I went in to read up a name on the back about when I got rid of cam to balance it and there.
While I saw my ballot November ballot they said the phrase was not live on the SAT so they didn't have an argument to work so they said or I said to the manager.
I've been my candidate not our campaign man.
So he said I think so I said What is Bella doing is it also me threw away I didn't see it I said that you also are my ballot you said I don't know what the registrar did this was the border camps and photo later. So we looked in the room.
I did that my daddy did you came through what ballad you and which one came I said What do you think turn it on. Anymore so he said he said Wow so now you admit I could give him about he's not not we have to keep my to preserve and I got a bill that would have preserved for for two years but that town that will be preserved for five minutes and.
Then will just not about my name on the rate that case was what just explain who raised the question a different imam has already read.
I'll make up my balance I would not let me vote. So they called him pale with content and have the outlet for a jacket here and there said My question was moot.
Question was moved out so that then is shown the problem of obtaining evidence and getting your view or. And getting a considered one state law office all state offices law fish and all state law is involved now. In conclusion I say this that because another problem peculiar to neutral lawyers in the south. Now the problem of our personal problems continue and continue to fight in the face of reprisals in the form of disbarment proceedings criminal prosecution and physical damage to persons and property. Now that's not limited to liberals. I won't be I will read it but I have here a clipping from June 24 issue of the noon observer from 1960 where the lawyer in the John encountered James Gilliland who was a white lawyer was disbarred because of a statement really and this is what he said giggling against big wide attention while defending a group in Charlotte that the Un-American Activities Committee was investigating. At one point doing a hearing he told the Un-American Activities Committee to get you to investigate the state officials he said was seeking to block compliance with the Supreme Court. These are good decision of a white lawyer to say at this hour he will be disbarred. And that's what because now they have another way of bringing it up bringing up to proceed but in this case did after four years the jury finally star decided that question the fact that the fact didn't exist and which state was trying to disbar now over in the john in Spain only 18 miles meeting fellow attorney asked Doug to talk in Virginia a charge he got a disbarment proceeding against him because he raised the constitutional question for new go to been in jail for a long time and that was what the charges were you couldn't fight after he got the OK to claim claimed I get a chance to do maintenance of something they claim that he had been employed didn't inform quite a lot of pain coming from.
Now the charges against him on this bobber proceeding which is still pending now.
What the worst problem of all.
Is the problem of having to abandon your case for lighter finance after suffering through so much in order to raise the issue and this was the case that we had in our singer start voting cage in a personal case and I had after Supreme Court in an assault case I cared all United States Supreme Court I didn't get special rights but I had a way of raising again in federal district court if I had findings when I couldn't do it and the voting case after United States Supreme Court ruled and they indicated certain evidence we should put him back to return to court we finally had to drop that he said because there's so much factual test so much testimony and if we had appealed that money and them law had been amended so we didn't bother to to renew our effort then.
So in the end the lawyer in the south liberal now in the south has faced with these five problems the problem of our of our fine of the constitutional right that's being prosecuted are being infringed and the problem of keeping the Constitution if you're the subject of judicial decision. Also he has a problem in evidence where from. Try that route state law or get some against state officials. He has the problem of a personal problem of defending against reprisals in the courts and the disbarment proceedings and he had the problem of having the heart to take it after he's cared occasion for he can go to a lawyer and already you know going forward like a final ending in the Negro law in the south is if anybody is a social engineer with a mission to perform after opposing. Counsel has so much money cost big money used against it you wonder why some of them said we have to pay so much taxes because the state lawyers always have the upper hand in the financing of a case in our case and know how to count in a minute. Criminal case in another case I just used that one for illustration I have trouble mainly was like a finance because the laws involve are dedicated to the cause because we knew that the issues and the real. Basis one prosecution was signed up with would affect not only the clients involved but any person and there had to be of non-live regs. Now. It makes no difference in application of unwritten law whether you are a lawyer. Preacher teach you I did dig a little bit if you don't treat it the same way do the same rules 100 lot.
The new Go Large is in the middle sort of fight abroad and they're tan it up so that you might be are equated with elbows and be tried under the same long without this influence of government lot and I'm concluding that I didn't know and I have to say this that there was so much still left to be done and so much undone and they have the situation we haven't text back so much general rule section because you own a man's farm in a way if you're a direct question and you tell me to tell you to move so we don't even have that questions in life and here where I am. However in other areas. Where that where you only sons if you raised that question you will be subject to the same type of frog and of course I won't get into the Leeds Alabama case than I were now love. People assert their right to revoke their money selling gas on his own home some I believe from what I have said you can begin to see what the background of that is the influence and effect of that of the written written law that that really worked out except a few. You got the criminal suspects but they're going to climb as I've illustrated Maken and overt act of turn you out.
Kim may can defend us they can come and make a New York friend a place where you might apply for eating food making that a tourist pay and you got to find one of them. And until you until you have the finest to carry them all the way you find that the people have to have to suffer under the judgment of local. I don't care that goes out get up cases with our money to file the file to take down to complete all the work done.
This transcript is machine-generated and has not been corrected. It is likely there will be errors.
- The Negro Lawyer in the South
- Producing Organization
- KPFA (Radio station : Berkeley, Calif.)
- Contributing Organization
- Pacifica Radio Archives (North Hollywood, California)
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- James R. Walker, Jr. of the North Carolina Bar speaks before a session devoted to the lawyer's role in the battle to eliminate racial segregation at the National Lawyer's Guild Convention in San Francisco. Walker speaks on his struggles as a Negro lawyer in the South and strategies fighting legal battles against discrimination in North Carolina, especially against literacy tests. He uses specific cases to illustrate his theme of the profound influence and effect of the ?unwritten law? on the legal system in the South. Walker?s efforts, legal historian John W. Wertheimer has noted, ?prompted both the General Assembly and the Supreme Court of North Carolina to make the state?s voter registration rules less discriminatory. The resulting reforms ? were substantial.? Walker?s career, Wertheimer writes, ?highlights an underappreciated aspect of civil rights during the 1950s and 1960s: grassroots litigation?that is, locally based efforts to achieve legal change through test cases in appellate courts.? For informatio
- National Lawyers Guild; North Carolina. Supreme Court; African Americans--Civil rights--History
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Producing Organization: KPFA (Radio station : Berkeley, Calif.)
Speaker: Walker, James R., Jr.
- AAPB Contributor Holdings
Pacifica Radio Archives
Identifier: 1954_D01 (Pacifica Radio Archives)
Format: 1/4 inch audio tape
Pacifica Radio Archives
Identifier: PRA_AAPP_BB0119_The_Negro_lawyer_in_the_South (Filename)
Generation: Master: preservation
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- Chicago: “The Negro Lawyer in the South,” 1960-10-14, Pacifica Radio Archives, American Archive of Public Broadcasting (WGBH and the Library of Congress), Boston, MA and Washington, DC, accessed March 21, 2019, http://americanarchive.org/catalog/cpb-aacip_28-4t6f18sn70.
- MLA: “The Negro Lawyer in the South.” 1960-10-14. Pacifica Radio Archives, American Archive of Public Broadcasting (WGBH and the Library of Congress), Boston, MA and Washington, DC. Web. March 21, 2019. <http://americanarchive.org/catalog/cpb-aacip_28-4t6f18sn70>.
- APA: The Negro Lawyer in the South. Boston, MA: Pacifica Radio Archives, American Archive of Public Broadcasting (WGBH and the Library of Congress), Boston, MA and Washington, DC. Retrieved from http://americanarchive.org/catalog/cpb-aacip_28-4t6f18sn70