Memphis World Memphis World Publishing Co. 1959-01-10 Thaddeus T. Stokes MEMPHIS WORLD AMERICA'S STANDARD RACE JOURNAL The South's Oldest and leading Colored Semi-Weekly Newspaper Published by MEMPHIS WORLD PUBLISHING CO. Every WEDNESDAY and SATURDAY at 546 BEALE — Ph. JA. 6-4030 Member of SCOTT NEWSPAPER SYNDICATE W. A. Scott, II, Founder; C. A. Scott, General Manager Entered in the Post Office at Memphis, Tenn. as second-class mail under the Act of Congress, March 1, 1870 THADDEUS T. STOKES Managing Editor SMITH FLEMING Circulation Manager SUBSCRIPTION RATES: Year $5.00 — 6 Months $3.00 Months $1.50 (In Advance) The MEMPHIS WORLD is an independent newspaper—non sectarian and non-partisan, printing news unbiasedly and supporting those things it believes to the interest of its readers and opposing those things against the interest of its readers. Gunning For Rule 22 As the zero hour nears for the opening of this historic Session of the Congress of the United States, all roads lead to that menacing area, Rule 22, which requires two-thirds (64) of the Senate membership to stop filibusters. Twice before it has been drawn on the carpet and the seriousness of the times is demanding that something effective be done about it early in this session. It is noticeable that some leaders of both major political parties are hammering away on the rule. Senator Paul Douglas, Democrat, veteran senator from Illinois, on a coast to coast hook-up on TV last Sunday declared open war on the rule. he stood his ground in the face of all comers and with united Republican help, Rule 22 is hanging in the balance. senator Douglass recited the five occasions requiring a two-third vote; he claims that a majority should decide this question, and should leaders of both parties stand together for the dumping of this menace that is bumpering the offices of both parties in the liberal field, it stands to reason that the day is not far distant when opportunists, those who fall to educate their constituents on the principles of issues, and are dependent upon petty local disputes and racial antagonism for political thrift, will have to look another way. The filibuster has seen service for many a decade. Back in the days of the old Dyer anti-lynching bills, men like "Pitchfolk" Ben Tillman of South Carolina, James R. Vardaman of Mississippi and others of that school, who rode and held office on the race question were laying patterns for those we have among us now bordering on defiance in a sale to their people of a propaganda they claim is smart enough to outwit the courts. Reverberations in the recent hearing in the Civil Rights field in the Alabama voting case, are shot through with symptoms of what has been fed the anti-Negro conformists and those who oversubscribed to a debatable philospohy of states rights—which once upon a time claimed too much for states rights,—the right to leave the Union! Senator Russell of Georgia will head up the team which will pit their strength in behalf of that Rule 22. For the benefit of the laymen, it would be appropriate here to state that Rule 22 offers a loophole through which minorities who wish to prevent a vote on certain legislation they have not the votes to defeat, might engage in a talkafest, otherwise styled, a filibuster. Through such a mdium the majority would have to yield to the minority in order to continue the work of the Congress. Our system of government and the political parties, supporting the framework of government require rule by the majority. Majority rule is sufficient measure whereby a Democratic form of government can proceed. When such a pattern and practice are in peril of parliamentary maneuvers, allowing a filibuster, there can be no security of our time honored ideal, government by the consent of the governed. It would not be out of place for those who long for equity and political participation in political forms, to memorialize those in the Congress having to do with the question of modifying Rule 22. Rule 22 in the Senate has proven obsolete and unjust, so it inevitably must change. Now is a good time to do it. Let's Pull Together For Another Big Star In The Old Flag The late awakening of our nation to find that it had a, well, healthy speciman weaned and ready for statehood in Alaska, should be encouragement to those who have been plugging for Hawaii, another territorial accession of our Union. Just as Alaska, with her vast natural resources and people, has come into recognition as being a full grown state so has Hawaii, come along down time out of her swaddling clothes. This Union has been made great by its periodic annexations. When Thomas Jefferson in his famous Louisiana purchase, extended the boundaries of this country far west, the power and future, prestige, of this nation were beyond a shadow of a doubt assured. There also came the annexation of the "Lone Star State of Texas" and New Mexico; all some of the richest portions of these United States. So, while the seamstress has the flag down for the insertion of a forty-ninth star, let there be added one more for Hawaii. For many years, forward citizens of Honolulu have been making inroads toward the statehood of this important territory. Reports from that area are heart-warming and it is felt that all friends to this important movement should alert themselves in using their influence toward the realization of the dreams of this deserving territory. The people of Hawaii have been struggling for 50 years for this recognition. The territory seems qualified for statehood and there are no reasons why she should not be heard at this session of the 86th congress. Let's make ready for another big star in the old flag the fiftieth. WISHING WELL Registered U. S. Patent Office. HERE is a pleasant little game that will give you a message every day. It is a numerical puzzle designed to spell out your fortune Count the letters in your first name. If the number of letters is 6 or more, subtract 4. If the number is less than 6, add 3. The result is your key number. Start at the upper left-hand corner of the rectangle and check every one of your key numbers, left to right. Then read the message the letters under the checked figures give you. LETTERS TO THE To The Editor: Immediately after the Congress voted Statehood for Alaska last June, I wrote you a letter asking editorial support of Hawaii's attempt to secure Statehood before Congress, adjourned. The results of my appeal were heartwarming indeed. The great majority of recipients either reproduced my letter completely, or used, it as a basis for editorial support. We received over 1,300 friendly articles or editorials. But once again in spite of the help we received, we did not get to first base! So, starting on Jan. 7. 1959. we must start all over again. We know in our hearts that no territory seeking admission as a state has ever more compltely fulfilled the requirements of statehood, or has been in an excellent a financial position to pay the costs and meet the obligations involved. Nor has any territory been ina position to GIVE more to the Union in terms of understanding of the needs of America for friendship and solid business relations in the entire Pacific area, and help in their accomplishments. We believe that is going to be in— creasingly important in the years to come. The results of the November 4th elections show that a majority of supporters of Statehood for Hawaii have been returned to the 86th Congress. Leaders in both parties, and committee chairmen who will conduct hearings on Hawaii statehood bills, have promised action early in the new Congressional session. National opinion polls, and polls conducted in their constituencies by members of the Congress, as published regularly, in the press and in the Congressional Record, show that sentiment for the admission of Hawaii as a state is at an all-time high. The admission of Alaska, to which the press and the people of the country gave overwhelming and enthusiastic approval: has swept away, once and for all, the myth of noncontiguity as a bar to statehood. Prosperous, busy Hawaii, with a gross territorial product of $2 billion, paying more federal taxes than 10 states, and earning per capital income ahead of 25 others, will become a substantial member of the family of states when admitted. Population in 1950 was 499.794. Today it is nearly 600.000. Industry parallels this growth. 1959 will witness completion of a $40 million oil refinery, a small steel plant, and more hotels to take care of our ever increasing number of visitors. It will also usher in the era of the jet age in the Pacific Flights between Honolulu and San Francisco will be of only 250 minutes duration. The whole Pacific area is buzzing with activity. By an act of its Legislature, Hawaii first petitioned the Congress for statehood fifty-five years ago. (in 1903). Since that time 21 hearings and investigations into our readiness for statehood have been held. All of the reports have been favorable. Thrice has the House passed our bill: the Senate once, when it was combined with the Alaska measure. In each instance, inaction by the other body caused our bills to fail. We now sincerely believe, in view of our long record of exemplary punilage in the best American tradition, that there is no longer any valid excuse for refusing to grant full American citizenship to up. If you share this belief, wont you please continue to help us? Strong editorial support will surely help. Thank you again for your past help. If you still believe in us, won't you please help us. LORRIN P. THURSTON Publisher. The Honolulu Advertiser Chairman. Hawaii Statehood Commission Honolulu 12, Hawaii Another Appeal For Help From Hawaii To The Editor: Immediately after the Congress voted Statehood for Alaska last June, I wrote you a letter asking editorial support of Hawaii's attempt to secure Statehood before Congress, adjourned. The results of my appeal were heartwarming indeed. The great majority of recipients either reproduced my letter completely, or used, it as a basis for editorial support. We received over 1,300 friendly articles or editorials. But once again in spite of the help we received, we did not get to first base! So, starting on Jan. 7. 1959. we must start all over again. We know in our hearts that no territory seeking admission as a state has ever more compltely fulfilled the requirements of statehood, or has been in an excellent a financial position to pay the costs and meet the obligations involved. Nor has any territory been ina position to GIVE more to the Union in terms of understanding of the needs of America for friendship and solid business relations in the entire Pacific area, and help in their accomplishments. We believe that is going to be in— creasingly important in the years to come. The results of the November 4th elections show that a majority of supporters of Statehood for Hawaii have been returned to the 86th Congress. Leaders in both parties, and committee chairmen who will conduct hearings on Hawaii statehood bills, have promised action early in the new Congressional session. National opinion polls, and polls conducted in their constituencies by members of the Congress, as published regularly, in the press and in the Congressional Record, show that sentiment for the admission of Hawaii as a state is at an all-time high. The admission of Alaska, to which the press and the people of the country gave overwhelming and enthusiastic approval: has swept away, once and for all, the myth of noncontiguity as a bar to statehood. Prosperous, busy Hawaii, with a gross territorial product of $2 billion, paying more federal taxes than 10 states, and earning per capital income ahead of 25 others, will become a substantial member of the family of states when admitted. Population in 1950 was 499.794. Today it is nearly 600.000. Industry parallels this growth. 1959 will witness completion of a $40 million oil refinery, a small steel plant, and more hotels to take care of our ever increasing number of visitors. It will also usher in the era of the jet age in the Pacific Flights between Honolulu and San Francisco will be of only 250 minutes duration. The whole Pacific area is buzzing with activity. By an act of its Legislature, Hawaii first petitioned the Congress for statehood fifty-five years ago. (in 1903). Since that time 21 hearings and investigations into our readiness for statehood have been held. All of the reports have been favorable. Thrice has the House passed our bill: the Senate once, when it was combined with the Alaska measure. In each instance, inaction by the other body caused our bills to fail. We now sincerely believe, in view of our long record of exemplary punilage in the best American tradition, that there is no longer any valid excuse for refusing to grant full American citizenship to up. If you share this belief, wont you please continue to help us? Strong editorial support will surely help. Thank you again for your past help. If you still believe in us, won't you please help us. LORRIN P. THURSTON Publisher. The Honolulu Advertiser Chairman. Hawaii Statehood Commission Honolulu 12, Hawaii HALF A LOAF IS Police Constable Anthony D Thacher, 23, a "keen" cyclist, was under suspension Friday, awaiting trial on charges of stealing half a motorcyole. Authorities charged he cut the front half from a police motorcycle and wheeled it home. A Bit Of Top Republican News For The New Year What will probably be made the top news of the year, might be the incident of the taking over of the governorship of the state of New York on New Year's Day, 1959, by Nelson Aldrich Rockefeller. It is bound to be Republican news from now on. Coincidently enough, the scion of John D. Rockefeller, of Standard Oil fame, was named for the late Nelson Aldrich who figured high in the councils of the Republican administrations from the days of William McKinley on through the first Roosevelt era. At any rate, Nelson Rockefeller became at 1:44 p. m., January 1st; the 49th governor of New York. He was the top Republican gubernatorial winner in what was a Democratic upset in the elction year 1958, when he swept out the popular W. Averall Harriman also a millionaire. Thusly, probably the first Rockefeller to attempt a political career, he might be a man of destiny. Only 50 years of age, he is well in the tracks of Grover Cleveland, Theodore Roosevelt and Franklin D. Roosevelt, who passed that way to occupy the White House at Washington. We congratulate young Rockefeller in his upward swing. He promises New York an, administration worth noting he would include the welfare of all the people and would cite New York as a cog in the great wheel which must move the nation. Legal Maneuvering by states: ALABAMA—The Rev, Martin Luther King, Jr., announced in Montgomery plans for a move, early in 1959, against the segregation barriers at schools in that city. ARKANSAS—A special House committee in Washington voted 5 to o that the election of segregationist Dr. Dale Alford over RepBrooks Hays should be investgated. The same committee voted 3 to 2 that Alford not be seated until completion of the investigation. DELAWARE—The State Board of Education failed to reach agreement on a general desegregation plan, ordered by a federal court. DISTRICT OF COLUMBIA—A bi-partisan group of senators urged the Eisenhower administration to seek funds and other assistance for reopening schools closed by segregation disputes. FLORIDA—Gov. LeRov Collins, after a secret session with school leaders, issued a statement that no country in Florida is ready for desegregation. A federal judge, ruled in a long-pending case that six Negro children are not entitled, "at this time," to an order admitting them to a white School. GEORGIA—Support appeared to be increasing in Atlanta but not elsewhere in Georgia for a local option decision on whether public schools would be closed or desegregated. KENTUCKY—Attendance in public schools climbed to an alltime high total of 541,154. LOUISIANA—After a nine year battle racial segregation was ended in New Orleans city Park by U. S. Supreme Court decree. MARYLAND—Enrollment data compiled by the state Department of Education showed the state had an increase of 92,956 white and 33,168 Negro pupils in five years. MISSISSIPPI —The state ended with segregation complete at all levels but at mounting cost in a school equalization program aime dat thwarting integration. MISSOURI —An educator's report said achievement levels had been raised in a group of schools attended predominantly by Negroes through emphasis on incentives. NORTH CAROLINA —Because bomb hoaxes had reached epidemic proportions, Gov. Luther H. Hodges said the Legislature will be asked for stiff penalties for the perpetration of such hoaxes. OKLAHOMA —Reviewing his four-year term. Gov. Raymond Gary called peaceful desegregation of public schools a major accomplishment of his administration. SOUTH CAROLINA —A Charleston newspaper suggested early consideration of a plan for private schools to be established by individuals through private rather than public action. TENNESSEE —With Nashville's school system the only one in the state undergoing desegregation, considerably more litigation Over the issue appeared in prospect for 1959. TEXAS —A new survey showed little additional desegregation in 1958, with 3,250 Negroes attending classes with 265,000 white students in the 125 districts which are integrated. VIRGINIA—Rulings from both federal and state courts were anticipated in January on the constitutionality of the state's "massive resistance" laws. WEST VIRGINIA—Bomb scares but no explosions swept the state as hoaxers harassed one community after another. Liberals Win First present and voting to limit debate. He urged the Senate as a "body of reasonable men" to consider his proposal immediately and get on to "more important things." But Javils and Sen. Clifford P. Case (R. N.J.) blocked immediate consideration of Johnson's proposal by invoking a rule that requires a one-day advance notice of any motion to change the rules. Anderson then tried to present he more drastic anti-filibuster proposal of the liberal troops. But Johnson argued that he had not yielded the floor to Anderson. He was upheld by Nixon. With Anderson thwarted, John son rammed through his motion for adjournment until Thursday, when his proposal will officially be the pending business. The Senate will meet at 10 a.m., two hours earlier than usual to allow time for the expected outburst of oratory. GOD AND SCIENCE EXPLODE A MYTH Racial five hard core resistance states. "The hard core questions can no longer be dodged or evaded. With every court decision they come closer. Do we want economic progress more than we want segregation? Do we want the expanding creative life or a dynamic region more than we want to retain the regional prejudices of white superiority? There are only five states left who have failed in some measure to face the reality of these questions. However, the intelligent progressive liberal white community is ready to answer with a resounding Yea!" The speaker declared that the communication between races "must be horizontal, between equals who respect each other; no other kind is worth your time." He advised further that "there is one kind of communication that every southern politician understands. That is communication at the ballot box." He emphasized increased registration and voting. "This is not a Negro problem," Dr. Cahill concluded. "It's a human problem. It's our problem. I'm proud to be in this struggle with you, because I know that until you are recognized before the law as free citizens of dignity and worth, I, too, am enslaved." Dean Whitney Young, of the Atlanta University School of Social Work, moderated the Wednesday Hungry Club session. MEMPHIS WORLD Want Ad Information Call JA. 6-4030 FOR RENT 171-13 BEALE REPAIR SERVICE REMODEL-REPAIR-PAINT ADD-A-ROOM SALESWOMEN WANTED MAKE EXTRA MONEY BUSINESS WOMEN — SELL NEWSBOYS WANTED GET YOUR VITAMINS REPAIRS Four Civil Rights were: the City of Memphis and Park Commission. City officials names spelled out in the petition were: Mayor Edmund Orgill, Commissioners Claude Albert Armour. John T.Dwyer, Stanley J. Dillard and Henry A. Losb and Board of Director of the Memphis Park Commission, Harry Pierotti. E. C. Barwich, Leo Bearman, Walker Wellford, Jr., H. S. Lewis and Raymond Gray, superintendent of Memphis Parks Commision and director of the Overton Park Zoo. Mrs. Mathews stated in the petition that she is being denied "equal rights of citizens" guaranteed by the due process and equal protection clauses of the 14th Amendment. She asked the court to issue a "permanent injunction enjoining the defendants from enforcing any law, ordinance, regula tion or usage" which would restrict or limit Negro citizens and residents of Memphis of the use of all the city's public parks and recreational facilities." Under the current practice, Negroes can visit Overton Park Zoo only on Thursday of each week. Through Atty. H. T. Lockard, who is representing Mrs. Mathews, she asked the court for a "declaratory judgement," in which she asked that these questions be answered in the light of recent decisions handed down by the U. S. Supreme Court; (1) "Whether the defendants may continue to operate public parks and recreational facilities in the City of Memphis on racially segregated basis and continue to enforce their law, ordinance, regulations, custom or usage or refusing to allow Negro residents of Memphis use of all public parks and recreational facilities and service under control, management and jurisdiction of the defendants." (2) "Whether the custom and practices of the defendants in denying and-or limiting on account of race or color of the plaintiff and other Negro residents of Memphis the right and privilege Of using the public parks and other public facilities of Memphis such as are provided by the defendants for white persons similarly situated, is unconstitutional and void as being in violation of the 14th Amendment of the U. S. law." Mrs. Mathews said she brought the suit on behalf of herself and other persons (Negroes) similarly situated. She said this is a class denial because only Negroes are denied the use of these facilities, "based solely on race and color." City and park officials were named defendants because they are "authorized and empowered to establish park commissions, name members, fix thier compensation fix their terms of office and to establish rules and regulations to govern them." Mrs. Mathews contends that she and a companion (Miss Anna Williams 22 also of Crystal Ave but not named in the petition) were done "irreparable injury to rights guaranteed by the U. S. Constitution" on last Oct. 13 when they were "forced by two Park Policemen (unidentified) to leave Overton Park Zoo grounds where they had gone to visit the zoo." At that time Mrs. Mathews said before they could leave the zoo about five squad cars carrying an estimated 15 uniformed police rushed to the scene. One unidentified policeman was quoted as saying "girls have you any white children with you today (nurse-maids)?" When they said they did not, the policeman reportedly added; "you'll have to leave. You can come back Thursday, that is the day for Negroes." Mrs. Matthews said when she pointed out that a U. S. Supreme court ruling declared that it was illegal to segregate public parks because of racial identity, the policeman was quoted as replying "that does not apply down here." The first to report the incident last October was the president of the Binghampton Civic Club, O. Z. Evers, whom the women sought for advice. Both women are believed to be members of the civic club. Evers said Monday "we are calling upon the citizens of the Tri-State area to get behind this suit and support it morally and financially. The Binghampton Civic club is backing it all the way," he continued. ATTY. LOCARD were: the City of Memphis and Park Commission. City officials names spelled out in the petition were: Mayor Edmund Orgill, Commissioners Claude Albert Armour. John T.Dwyer, Stanley J. Dillard and Henry A. Losb and Board of Director of the Memphis Park Commission, Harry Pierotti. E. C. Barwich, Leo Bearman, Walker Wellford, Jr., H. S. Lewis and Raymond Gray, superintendent of Memphis Parks Commision and director of the Overton Park Zoo. Mrs. Mathews stated in the petition that she is being denied "equal rights of citizens" guaranteed by the due process and equal protection clauses of the 14th Amendment. She asked the court to issue a "permanent injunction enjoining the defendants from enforcing any law, ordinance, regula tion or usage" which would restrict or limit Negro citizens and residents of Memphis of the use of all the city's public parks and recreational facilities." Under the current practice, Negroes can visit Overton Park Zoo only on Thursday of each week. Through Atty. H. T. Lockard, who is representing Mrs. Mathews, she asked the court for a "declaratory judgement," in which she asked that these questions be answered in the light of recent decisions handed down by the U. S. Supreme Court; (1) "Whether the defendants may continue to operate public parks and recreational facilities in the City of Memphis on racially segregated basis and continue to enforce their law, ordinance, regulations, custom or usage or refusing to allow Negro residents of Memphis use of all public parks and recreational facilities and service under control, management and jurisdiction of the defendants." (2) "Whether the custom and practices of the defendants in denying and-or limiting on account of race or color of the plaintiff and other Negro residents of Memphis the right and privilege Of using the public parks and other public facilities of Memphis such as are provided by the defendants for white persons similarly situated, is unconstitutional and void as being in violation of the 14th Amendment of the U. S. law." Mrs. Mathews said she brought the suit on behalf of herself and other persons (Negroes) similarly situated. She said this is a class denial because only Negroes are denied the use of these facilities, "based solely on race and color." City and park officials were named defendants because they are "authorized and empowered to establish park commissions, name members, fix thier compensation fix their terms of office and to establish rules and regulations to govern them." Mrs. Mathews contends that she and a companion (Miss Anna Williams 22 also of Crystal Ave but not named in the petition) were done "irreparable injury to rights guaranteed by the U. S. Constitution" on last Oct. 13 when they were "forced by two Park Policemen (unidentified) to leave Overton Park Zoo grounds where they had gone to visit the zoo." At that time Mrs. Mathews said before they could leave the zoo about five squad cars carrying an estimated 15 uniformed police rushed to the scene. One unidentified policeman was quoted as saying "girls have you any white children with you today (nurse-maids)?" When they said they did not, the policeman reportedly added; "you'll have to leave. You can come back Thursday, that is the day for Negroes." Mrs. Matthews said when she pointed out that a U. S. Supreme court ruling declared that it was illegal to segregate public parks because of racial identity, the policeman was quoted as replying "that does not apply down here." The first to report the incident last October was the president of the Binghampton Civic Club, O. Z. Evers, whom the women sought for advice. Both women are believed to be members of the civic club. Evers said Monday "we are calling upon the citizens of the Tri-State area to get behind this suit and support it morally and financially. The Binghampton Civic club is backing it all the way," he continued. 14TH AMENDMENT were: the City of Memphis and Park Commission. City officials names spelled out in the petition were: Mayor Edmund Orgill, Commissioners Claude Albert Armour. John T.Dwyer, Stanley J. Dillard and Henry A. Losb and Board of Director of the Memphis Park Commission, Harry Pierotti. E. C. Barwich, Leo Bearman, Walker Wellford, Jr., H. S. Lewis and Raymond Gray, superintendent of Memphis Parks Commision and director of the Overton Park Zoo. Mrs. Mathews stated in the petition that she is being denied "equal rights of citizens" guaranteed by the due process and equal protection clauses of the 14th Amendment. She asked the court to issue a "permanent injunction enjoining the defendants from enforcing any law, ordinance, regula tion or usage" which would restrict or limit Negro citizens and residents of Memphis of the use of all the city's public parks and recreational facilities." Under the current practice, Negroes can visit Overton Park Zoo only on Thursday of each week. Through Atty. H. T. Lockard, who is representing Mrs. Mathews, she asked the court for a "declaratory judgement," in which she asked that these questions be answered in the light of recent decisions handed down by the U. S. Supreme Court; (1) "Whether the defendants may continue to operate public parks and recreational facilities in the City of Memphis on racially segregated basis and continue to enforce their law, ordinance, regulations, custom or usage or refusing to allow Negro residents of Memphis use of all public parks and recreational facilities and service under control, management and jurisdiction of the defendants." (2) "Whether the custom and practices of the defendants in denying and-or limiting on account of race or color of the plaintiff and other Negro residents of Memphis the right and privilege Of using the public parks and other public facilities of Memphis such as are provided by the defendants for white persons similarly situated, is unconstitutional and void as being in violation of the 14th Amendment of the U. S. law." Mrs. Mathews said she brought the suit on behalf of herself and other persons (Negroes) similarly situated. She said this is a class denial because only Negroes are denied the use of these facilities, "based solely on race and color." City and park officials were named defendants because they are "authorized and empowered to establish park commissions, name members, fix thier compensation fix their terms of office and to establish rules and regulations to govern them." Mrs. Mathews contends that she and a companion (Miss Anna Williams 22 also of Crystal Ave but not named in the petition) were done "irreparable injury to rights guaranteed by the U. S. Constitution" on last Oct. 13 when they were "forced by two Park Policemen (unidentified) to leave Overton Park Zoo grounds where they had gone to visit the zoo." At that time Mrs. Mathews said before they could leave the zoo about five squad cars carrying an estimated 15 uniformed police rushed to the scene. One unidentified policeman was quoted as saying "girls have you any white children with you today (nurse-maids)?" When they said they did not, the policeman reportedly added; "you'll have to leave. You can come back Thursday, that is the day for Negroes." Mrs. Matthews said when she pointed out that a U. S. Supreme court ruling declared that it was illegal to segregate public parks because of racial identity, the policeman was quoted as replying "that does not apply down here." The first to report the incident last October was the president of the Binghampton Civic Club, O. Z. Evers, whom the women sought for advice. Both women are believed to be members of the civic club. Evers said Monday "we are calling upon the citizens of the Tri-State area to get behind this suit and support it morally and financially. The Binghampton Civic club is backing it all the way," he continued. DAY FOR NEGROES were: the City of Memphis and Park Commission. City officials names spelled out in the petition were: Mayor Edmund Orgill, Commissioners Claude Albert Armour. John T.Dwyer, Stanley J. Dillard and Henry A. Losb and Board of Director of the Memphis Park Commission, Harry Pierotti. E. C. Barwich, Leo Bearman, Walker Wellford, Jr., H. S. Lewis and Raymond Gray, superintendent of Memphis Parks Commision and director of the Overton Park Zoo. Mrs. Mathews stated in the petition that she is being denied "equal rights of citizens" guaranteed by the due process and equal protection clauses of the 14th Amendment. She asked the court to issue a "permanent injunction enjoining the defendants from enforcing any law, ordinance, regula tion or usage" which would restrict or limit Negro citizens and residents of Memphis of the use of all the city's public parks and recreational facilities." Under the current practice, Negroes can visit Overton Park Zoo only on Thursday of each week. Through Atty. H. T. Lockard, who is representing Mrs. Mathews, she asked the court for a "declaratory judgement," in which she asked that these questions be answered in the light of recent decisions handed down by the U. S. Supreme Court; (1) "Whether the defendants may continue to operate public parks and recreational facilities in the City of Memphis on racially segregated basis and continue to enforce their law, ordinance, regulations, custom or usage or refusing to allow Negro residents of Memphis use of all public parks and recreational facilities and service under control, management and jurisdiction of the defendants." (2) "Whether the custom and practices of the defendants in denying and-or limiting on account of race or color of the plaintiff and other Negro residents of Memphis the right and privilege Of using the public parks and other public facilities of Memphis such as are provided by the defendants for white persons similarly situated, is unconstitutional and void as being in violation of the 14th Amendment of the U. S. law." Mrs. Mathews said she brought the suit on behalf of herself and other persons (Negroes) similarly situated. She said this is a class denial because only Negroes are denied the use of these facilities, "based solely on race and color." City and park officials were named defendants because they are "authorized and empowered to establish park commissions, name members, fix thier compensation fix their terms of office and to establish rules and regulations to govern them." Mrs. Mathews contends that she and a companion (Miss Anna Williams 22 also of Crystal Ave but not named in the petition) were done "irreparable injury to rights guaranteed by the U. S. Constitution" on last Oct. 13 when they were "forced by two Park Policemen (unidentified) to leave Overton Park Zoo grounds where they had gone to visit the zoo." At that time Mrs. Mathews said before they could leave the zoo about five squad cars carrying an estimated 15 uniformed police rushed to the scene. One unidentified policeman was quoted as saying "girls have you any white children with you today (nurse-maids)?" When they said they did not, the policeman reportedly added; "you'll have to leave. You can come back Thursday, that is the day for Negroes." Mrs. Matthews said when she pointed out that a U. S. Supreme court ruling declared that it was illegal to segregate public parks because of racial identity, the policeman was quoted as replying "that does not apply down here." The first to report the incident last October was the president of the Binghampton Civic Club, O. Z. Evers, whom the women sought for advice. Both women are believed to be members of the civic club. Evers said Monday "we are calling upon the citizens of the Tri-State area to get behind this suit and support it morally and financially. The Binghampton Civic club is backing it all the way," he continued. O. Z. EVERS were: the City of Memphis and Park Commission. City officials names spelled out in the petition were: Mayor Edmund Orgill, Commissioners Claude Albert Armour. John T.Dwyer, Stanley J. Dillard and Henry A. Losb and Board of Director of the Memphis Park Commission, Harry Pierotti. E. C. Barwich, Leo Bearman, Walker Wellford, Jr., H. S. Lewis and Raymond Gray, superintendent of Memphis Parks Commision and director of the Overton Park Zoo. Mrs. Mathews stated in the petition that she is being denied "equal rights of citizens" guaranteed by the due process and equal protection clauses of the 14th Amendment. She asked the court to issue a "permanent injunction enjoining the defendants from enforcing any law, ordinance, regula tion or usage" which would restrict or limit Negro citizens and residents of Memphis of the use of all the city's public parks and recreational facilities." Under the current practice, Negroes can visit Overton Park Zoo only on Thursday of each week. Through Atty. H. T. Lockard, who is representing Mrs. Mathews, she asked the court for a "declaratory judgement," in which she asked that these questions be answered in the light of recent decisions handed down by the U. S. Supreme Court; (1) "Whether the defendants may continue to operate public parks and recreational facilities in the City of Memphis on racially segregated basis and continue to enforce their law, ordinance, regulations, custom or usage or refusing to allow Negro residents of Memphis use of all public parks and recreational facilities and service under control, management and jurisdiction of the defendants." (2) "Whether the custom and practices of the defendants in denying and-or limiting on account of race or color of the plaintiff and other Negro residents of Memphis the right and privilege Of using the public parks and other public facilities of Memphis such as are provided by the defendants for white persons similarly situated, is unconstitutional and void as being in violation of the 14th Amendment of the U. S. law." Mrs. Mathews said she brought the suit on behalf of herself and other persons (Negroes) similarly situated. She said this is a class denial because only Negroes are denied the use of these facilities, "based solely on race and color." City and park officials were named defendants because they are "authorized and empowered to establish park commissions, name members, fix thier compensation fix their terms of office and to establish rules and regulations to govern them." Mrs. Mathews contends that she and a companion (Miss Anna Williams 22 also of Crystal Ave but not named in the petition) were done "irreparable injury to rights guaranteed by the U. S. Constitution" on last Oct. 13 when they were "forced by two Park Policemen (unidentified) to leave Overton Park Zoo grounds where they had gone to visit the zoo." At that time Mrs. Mathews said before they could leave the zoo about five squad cars carrying an estimated 15 uniformed police rushed to the scene. One unidentified policeman was quoted as saying "girls have you any white children with you today (nurse-maids)?" When they said they did not, the policeman reportedly added; "you'll have to leave. You can come back Thursday, that is the day for Negroes." Mrs. Matthews said when she pointed out that a U. S. Supreme court ruling declared that it was illegal to segregate public parks because of racial identity, the policeman was quoted as replying "that does not apply down here." The first to report the incident last October was the president of the Binghampton Civic Club, O. Z. Evers, whom the women sought for advice. Both women are believed to be members of the civic club. Evers said Monday "we are calling upon the citizens of the Tri-State area to get behind this suit and support it morally and financially. The Binghampton Civic club is backing it all the way," he continued. Miami Manhunt A NEW SUSPENSE NOVEL By WILLIAM FULLER I WATCHED Tom Lear closely "You were about to say something more about Joan Morris," I said. "I wasn't going to say anything more about Joan Morris!" Lear said. "We were through, Dolan. And I'd think you'd be the last guy to want to hear anything about Joan Morris!" "Skip it," I said wearily. I'd put the Lear-Morris relationship on the list of unfinished business. I couldn't stand here barefooted, hungry, wet and miserable, in the middle of some desolate island, with a very unstable citizen waving the muzzle of a 30-30 at me and solve her murder. "All right." Lear said. "I'm through talking. You cut me in and we pick up the cash and fly out of here. Or you or Marta stays here, face down in the mud, and the other goes with me. It doesn't make any difference to me. What do you say?" I turned to Marta. She stared at me, her eyes questioning. "It's your decision, Brad." "Look at it this way: maybe it's a break. Maybe the guy's making sense. We couldn't hold out here much longer anyway!" She took the ball and ran with it. "If it suits you, it suits neMiami! Warm baths and clean clothes and steaks and hairdressers! Let's go!" "Let me be the first to congratulate you." Lear said. The levity didn't become him. "Down the stream, please." Marta and I turned. As we did there was the startling sound startling. I suppose, because of the strain we were under of a breaking branch. The sound had come from some hidden point just behind, and to the left of Lear. The area there was thick with trees and rocks. For a split second Marta and I froze where we were, bodies tensed. And then, slowly, we relaxed. Lear shouted at us angrily, as if he thought the sound had been some sort of a plan of ours to disconcert him, rather than a noise made by some frightened animal, or of a rotten tree limb falling "Pull out and don't try any tricks!" We headed down the stream toward the beach. Lear wasn't exactly a fool. He kept us walking more or less abreast and he walked six or eight yards behind us. He kept the rifle cradled in both hands ready to use. I hadn't gone fifty feet before the unpleasant thought struck me that Lear was just waiting for a chance to shoot me down. He'd admitted he didn't need me. And if he still thought we might give him trouble it was a cinch he'd realized he'd have a much better chance of handling Marta, alone. I was convinced he'd planned it so neither of us lived to get inside that airplane, anyway. For what seemed hours and was probably twenty minutes I braced myself for the shot that didn't come. And then I thought the devil with it and stopped worrying. When we reached the beach we stopped for a rest. Marta was limping again and I'd asked Lear for a break. Marta and I sat on the beach. Lear stood guard eight yards away. "What about this beach?" I asked him. "Won't they see us?" "Uh. uh. Not a chance." "Aren't they out looking for us? Marta and me?" "Not today. I don't know whether they've given you up, think you drowned when you went off the Teresa, or whether they've just decided to let you sweat it out for awhile. Anyhow, they called off their search parties." "Maybe they found the cash. That would be a switch, wouldn't it? After all this?" "If they've found it, they found it since I've been gone today. Manuel and Alfredo were still looking for it this morning. They've been over that place, inside and out, with a fine tooth comb. It's driving them crazy!" "Too bad they Won't be around when we get it Just so they'd know where they should have looked. That would really drive em crazy!" "Yeah," he said. That's real too bad!" I turned to Marta. "How are the feet, baby?" "All right," she said. "I'll make it." "Let me see." I looked at the sole of her foot. The sole was swollen, blue in spots and there were a half dozen little cuts. But there was nothing seriously wrong. The other foot was the same. Lear came closer and waved the muzzle of his gun. "On your feet, now! Let's go!" "Wait a minute," I said. There's one thing we haven't talked about. We're in for a storm. What if we're weathered in tonight? What If we can't fly?" I asked the question simply because I thought he might expect it. "It's Just a squall blowing up It'll blow over before were ready to fly. If it doesn't you can has in the Beechcraft until I can fly it." It was dark by the time we reached the southern end of the island. Heavy surf was pounding at the reef and spilling over into the ordinarily placid lagoon and churning it into a frenzy. The wind was blowing a gale and the first few scudding raindrops lashed at us We left the beach and went into the thick grove of coconut palms behind it. Through the trees we could see lights in the house. We moved slowly now, cautiously, from the cover of one tree to the cover of the next one nearer the house. I was conscious of Lear's every move behind me. I'd had no chance to take him over while we'd been on the beach. The guy was alert; I'd give him that: he had taken- and was taking- no chances. Time was running out on us. I'd have to make my move soon; and from now on, quietly. We were less than a hundred yards from the house, now. A guard, a rifle slung to his shoulder, leaned against a tree to one side of the steps to the front porch. "Hold it!" Lear whispered. We stopped. We turned. Lear wasn't more than five yards from us. He held the rifle easily in two hands, the muzzle pointed to one side, his finger outside the guard five yards. I made a quick mental calculation. I could cover the five yards in one quick lunge. With an outstretched arm I could slap the muzzle off target But would be have time to fire it? I didn't know. Probably he would. And the sound of that one shot would be all it would take to cook our goose. I relaxed. I'd have to wait. "Marta," Lear whispered."The cash is inside, isn't it?" She hesitated for a split second. "Yes." "Where? Which room?" "Don't tell him, Marta!" I said. "You're a suspicious bum, Dolan! We're to this thing together, aren't we?" Then give me the gun. Or give it to Marta." "Don't be a fool! Look in ten minutes that guard goes for chow. There're half a dozen entrances to that house. I've got to make a plan, I've got to know where the money is." "It's ... it's downstairs. Marta said. "It's in the living room." She was stalling him She was letting me run the snow taking her cues from me as best she could. "The door creaked slightly open. The muzzle then the barrel of a rifle appeared. Then hands, arms, head, and finally the torso of the guard," the story continues here tomorrow. CHAPTER 33 By WILLIAM FULLER I WATCHED Tom Lear closely "You were about to say something more about Joan Morris," I said. "I wasn't going to say anything more about Joan Morris!" Lear said. "We were through, Dolan. And I'd think you'd be the last guy to want to hear anything about Joan Morris!" "Skip it," I said wearily. I'd put the Lear-Morris relationship on the list of unfinished business. I couldn't stand here barefooted, hungry, wet and miserable, in the middle of some desolate island, with a very unstable citizen waving the muzzle of a 30-30 at me and solve her murder. "All right." Lear said. "I'm through talking. You cut me in and we pick up the cash and fly out of here. Or you or Marta stays here, face down in the mud, and the other goes with me. It doesn't make any difference to me. What do you say?" I turned to Marta. She stared at me, her eyes questioning. "It's your decision, Brad." "Look at it this way: maybe it's a break. Maybe the guy's making sense. We couldn't hold out here much longer anyway!" She took the ball and ran with it. "If it suits you, it suits neMiami! Warm baths and clean clothes and steaks and hairdressers! Let's go!" "Let me be the first to congratulate you." Lear said. The levity didn't become him. "Down the stream, please." Marta and I turned. As we did there was the startling sound startling. I suppose, because of the strain we were under of a breaking branch. The sound had come from some hidden point just behind, and to the left of Lear. The area there was thick with trees and rocks. For a split second Marta and I froze where we were, bodies tensed. And then, slowly, we relaxed. Lear shouted at us angrily, as if he thought the sound had been some sort of a plan of ours to disconcert him, rather than a noise made by some frightened animal, or of a rotten tree limb falling "Pull out and don't try any tricks!" We headed down the stream toward the beach. Lear wasn't exactly a fool. He kept us walking more or less abreast and he walked six or eight yards behind us. He kept the rifle cradled in both hands ready to use. I hadn't gone fifty feet before the unpleasant thought struck me that Lear was just waiting for a chance to shoot me down. He'd admitted he didn't need me. And if he still thought we might give him trouble it was a cinch he'd realized he'd have a much better chance of handling Marta, alone. I was convinced he'd planned it so neither of us lived to get inside that airplane, anyway. For what seemed hours and was probably twenty minutes I braced myself for the shot that didn't come. And then I thought the devil with it and stopped worrying. When we reached the beach we stopped for a rest. Marta was limping again and I'd asked Lear for a break. Marta and I sat on the beach. Lear stood guard eight yards away. "What about this beach?" I asked him. "Won't they see us?" "Uh. uh. Not a chance." "Aren't they out looking for us? Marta and me?" "Not today. I don't know whether they've given you up, think you drowned when you went off the Teresa, or whether they've just decided to let you sweat it out for awhile. Anyhow, they called off their search parties." "Maybe they found the cash. That would be a switch, wouldn't it? After all this?" "If they've found it, they found it since I've been gone today. Manuel and Alfredo were still looking for it this morning. They've been over that place, inside and out, with a fine tooth comb. It's driving them crazy!" "Too bad they Won't be around when we get it Just so they'd know where they should have looked. That would really drive em crazy!" "Yeah," he said. That's real too bad!" I turned to Marta. "How are the feet, baby?" "All right," she said. "I'll make it." "Let me see." I looked at the sole of her foot. The sole was swollen, blue in spots and there were a half dozen little cuts. But there was nothing seriously wrong. The other foot was the same. Lear came closer and waved the muzzle of his gun. "On your feet, now! Let's go!" "Wait a minute," I said. There's one thing we haven't talked about. We're in for a storm. What if we're weathered in tonight? What If we can't fly?" I asked the question simply because I thought he might expect it. "It's Just a squall blowing up It'll blow over before were ready to fly. If it doesn't you can has in the Beechcraft until I can fly it." It was dark by the time we reached the southern end of the island. Heavy surf was pounding at the reef and spilling over into the ordinarily placid lagoon and churning it into a frenzy. The wind was blowing a gale and the first few scudding raindrops lashed at us We left the beach and went into the thick grove of coconut palms behind it. Through the trees we could see lights in the house. We moved slowly now, cautiously, from the cover of one tree to the cover of the next one nearer the house. I was conscious of Lear's every move behind me. I'd had no chance to take him over while we'd been on the beach. The guy was alert; I'd give him that: he had taken- and was taking- no chances. Time was running out on us. I'd have to make my move soon; and from now on, quietly. We were less than a hundred yards from the house, now. A guard, a rifle slung to his shoulder, leaned against a tree to one side of the steps to the front porch. "Hold it!" Lear whispered. We stopped. We turned. Lear wasn't more than five yards from us. He held the rifle easily in two hands, the muzzle pointed to one side, his finger outside the guard five yards. I made a quick mental calculation. I could cover the five yards in one quick lunge. With an outstretched arm I could slap the muzzle off target But would be have time to fire it? I didn't know. Probably he would. And the sound of that one shot would be all it would take to cook our goose. I relaxed. I'd have to wait. "Marta," Lear whispered."The cash is inside, isn't it?" She hesitated for a split second. "Yes." "Where? Which room?" "Don't tell him, Marta!" I said. "You're a suspicious bum, Dolan! We're to this thing together, aren't we?" Then give me the gun. Or give it to Marta." "Don't be a fool! Look in ten minutes that guard goes for chow. There're half a dozen entrances to that house. I've got to make a plan, I've got to know where the money is." "It's ... it's downstairs. Marta said. "It's in the living room." She was stalling him She was letting me run the snow taking her cues from me as best she could. "The door creaked slightly open. The muzzle then the barrel of a rifle appeared. Then hands, arms, head, and finally the torso of the guard," the story continues here tomorrow. CHICAGO FIRE FINDINGS Three definite findings — of sneak smoking, delay in sounding an alarm and combustible materials in a stairwell — stood out in the inquest into the tragic fire at the Our Lady of the Angels School on December 1. The meet important, said coroner Walter McCarron, was a report of sneak smoking in the school just before the fire. Eighty-nine children and three nuns perished in the blaze.