Memphis World Memphis World Publishing Co. 1950-01-31 Lewis O. Swingler MEMPHIS WORLD The South's Oldest and Leading Colored Semi-Weekly Newspaper Published by MEMPHIS WORLD PUBLISHING CO. Every TUESDAY and FRIDAY at 164 BEALE—Phone 8-4030 Entered in the Post Office at Memphis, Tenn., as second-class mail under the Act of Congress, March 1, 1879 Member of SCOTT NEWSPAPER SYNDICATE W. A. Scott, II. Founder, C. A. Scott, General Manager There's A Reason Why Recent figures released by the Tennessee Education department show that a higher proportion of Negro teachers in the State's public schools have college degrees than white teachers. In the county school system, the report states, Negro women teachers are paid slightly more than white women teachers. Bachelor degrees are held by 1,285 of the 2,948 white men teachers and 3,342 of the 11,785 white women teachers in the system. Among Negro teachers in the same school systems, 233 of the 365 men and 617 of the 1,594 women hold bachelor degrees. That picture can be repeated in other southern states. The reason for this does not lie in the belief that the Negro teachers are more scholarly and capable. To the contrary, the Negro teachers have less job opportunities and openings than the white teachers and thus the salaries paid by the school systems are more attractive to Negro teachers, male and female alike. Similarly, teaching salaries are more alluring to white women than they are to white men. In other words, the white man or woman school teacher has anyone of possibly eight or ten choices between jobs when he or she completes his schooling, while the Negro man or woman teacher has many times less opportunities. It might also be added that the cream of the Negro group is numbered in the teaching profession to a greater extent than the white. Brief Comment Candidates, who are elected, retain their faith in the ability of the people to rule themselves. It is better to sell something for less than it is worth than to keep it when you have no use for it. REVIEWING NEWS BY WILLIAM GORDON You have heard it said that money cannot buy happiness. I would like to refute that statement. Money can buy happiness for thousands of children, perhaps your own among them, who face the threat of permanent disability as a result of infantile paralysis. During the past year all of us have had our share of worry and anxiety as polio struck ruthlessly at our very doorsteps, striking those we know and love, making the summer months a period of apprehendsion and fear. All of us learned something about Infantile Paralysis in 1949. We saw all around us living examples of many things that, up until now, we had only read about. The epidemics of this past year were the worst in the nations history, dwarfing by comparison even the unusually heavy incidence of the previous five years. The disease struck over 41,000 people of all age groups, respecting no race, creed or color. At least a down state experienced the worst epidemic in their entire history and in other widely-scattered, areas the polio upsurge swelled far beyond normal expectancy. The dimes and dollars contributed to the National Foundation for Infantile Paralysis, formed a bulwark of resistance against the terrible tide of polio in 1949, as they have done for the last twelve years. These dimes and dollars were a driving force behind the work of more than 2,800 National Foundation chapters which fought the epidemic on the front line in every stricken community in the nation. These dimes and dollars provided the funds that paid for hospitalization, for physical therapy, nursing, crutches, braces and wheelchairs. They also provided the means for equipping hospital wards and beds cribs, iron-lungs and other items necessary for aiding in the elimination of Infantile Paralysis. The epidemic of 1949 drained every dime from the funds of the National Foundation treasure. The National Foundation is broke. Every dime invested last year has been returned in the form of help to those who suffer from polio. We are requesting that you give and give more in the present campaign. We must continue this fight against this most dreaded American plague. The local Colored Division of the March of Dimes is asking for the cooperation of every man, woman and child in the manner of contributing funds to the drive. The Colored Division headquarters is located in the Butler Street YMCA on the second floor, Room two. The plan is to help save a life through contributions to the March of Dimes. Remember that polio strikes with no respect to race, creed or color. Let's make the future of our loved ones a safe and happy one. Let's fight polio. Let's Beware, Polio Is On The March BY WILLIAM GORDON You have heard it said that money cannot buy happiness. I would like to refute that statement. Money can buy happiness for thousands of children, perhaps your own among them, who face the threat of permanent disability as a result of infantile paralysis. During the past year all of us have had our share of worry and anxiety as polio struck ruthlessly at our very doorsteps, striking those we know and love, making the summer months a period of apprehendsion and fear. All of us learned something about Infantile Paralysis in 1949. We saw all around us living examples of many things that, up until now, we had only read about. The epidemics of this past year were the worst in the nations history, dwarfing by comparison even the unusually heavy incidence of the previous five years. The disease struck over 41,000 people of all age groups, respecting no race, creed or color. At least a down state experienced the worst epidemic in their entire history and in other widely-scattered, areas the polio upsurge swelled far beyond normal expectancy. The dimes and dollars contributed to the National Foundation for Infantile Paralysis, formed a bulwark of resistance against the terrible tide of polio in 1949, as they have done for the last twelve years. These dimes and dollars were a driving force behind the work of more than 2,800 National Foundation chapters which fought the epidemic on the front line in every stricken community in the nation. These dimes and dollars provided the funds that paid for hospitalization, for physical therapy, nursing, crutches, braces and wheelchairs. They also provided the means for equipping hospital wards and beds cribs, iron-lungs and other items necessary for aiding in the elimination of Infantile Paralysis. The epidemic of 1949 drained every dime from the funds of the National Foundation treasure. The National Foundation is broke. Every dime invested last year has been returned in the form of help to those who suffer from polio. We are requesting that you give and give more in the present campaign. We must continue this fight against this most dreaded American plague. The local Colored Division of the March of Dimes is asking for the cooperation of every man, woman and child in the manner of contributing funds to the drive. The Colored Division headquarters is located in the Butler Street YMCA on the second floor, Room two. The plan is to help save a life through contributions to the March of Dimes. Remember that polio strikes with no respect to race, creed or color. Let's make the future of our loved ones a safe and happy one. Let's fight polio. Douglas S'bdivision liver the invocation. It will truly be a red letter day for all residents of the community and doubly so for Prof. Lucky Sharpe, Principal of Douglas High School. Under his administration, the curriculum at Douglas has been put on a par with all city schools and students have enjoyed more extra curricular activity with the addition of the athletic field in Douglas Park. In expressing their appreciation to the officials and citizens of the city, Prof. Sharpe, Rev. W. T. Van Hook of the Douglas Civic Club and Mrs. Laura Tyus of the Parent Teachers Association, have written the following resolution. "The Douglas School and community takes this opportunity to give expressions to the Officials and citizens of Memphis and Shelby County. This particular event will not come again in our life time and to our community, so we pause here to do honor and give recognition to the progress of our City and County Governments." "To the County,-It has been our pleasure and privilege to live and work with you for many years. We know that Shelby County is one of the prize counties of the Commonwealth of Tennessee. This is due to the fine and matchless leadership of the Honorable E.W. Hale and E. H. Crump, who have guided the destiny of these two great governments. Shelby County and the City of Memphis for many years. We know that many of the comforts of good schools, roads, streets, health programs, lowers taxiates than any other city in the union and many other things too numerous to mention here are all due to the careful planning of these two men." "This could not have been done, had it not been for the careful selection of honest and efficient men and women to do these jobs. It mattered not whether he were a garbage collector, truck driver, police or sheriff, teacher, commissioner or mayor-first of all he had to be honest. This with many other fine qualities that any official, must have are responsible for the rapid and fine growth of our County and City." "We regret having to sever a direct relationship with the county and its officials but we feel that our experience with them has been rich and profitable. We know we go with the good wishes of the county and we feel that the training received will fit us for a bigger and better job in the sister city. "To the city government and its citizenery, we come not as a liability but as an asset, with the spirit of accepting our responsibilities and duties as all citizens should. We pledge our loyal support in building Memphis to that greater city which has been so dreamed of." New Owners sold his hotel stock prior to the transaction last week between the old and new owners. Already Graves, a college-trained hotel executive, has announced plans for a complete refurnishing of the hotel along with an addition of accommodations. The youthful executive's family moved to California when he was in elementary school. He attended Los Angeles' Thomas Jefferson High School; Fresno State College Fresno, Calif.; Butler College, Tyler Texas, and Cornell University, Ithaca, N. Y. where he was trained in hotel management. Graves, whose wife is the former Jessalyn Irene Baker of Abilene, is a member of the local N. A. A. C. P. branch; YMCA, Chicago Urban league, Chicago Negro chamber of Commerce, the Chicago Civil Liberties committee and Quinn Chapel AME Church. Other affiliations include Kappa Alpha PSI fraternity, Shriners (23nd degree Masons) and the American Hotel Association. Impressive college education to farm 160 acres of land successfully. This is demon strated all over the state of Mississippi and the South. If farming is to pay a man with the average size family of five lie must farm more than 40 acres." "The new type of farming, livestock and crops, cannot be done successfully on 50 acres unless the livestock consist wholly of poultry or hogs." He said it takes only three things to farm the more economical unit of 120 acres or more, namely, capital and a fairly good sense of values; application of brain power in the management of such a farm and a little skill applied to the work done in order that the minimum amount of labor-saving machinery can be used. "What is being done by the Farmers Home Administration in improving the lot of farm people will leave the Nation many times richer, stronger and more vigorous." E. B. Whittaker, National Field Representative of the Farmers Home Administration. Washington, D. C., brought personal greetings from Administrator Dillard B. Lasseter. President Jacob L. Reddix of Jackson College said, "In characteristic American fashion the FHA has gone about helping to solve many rural problems and now this farm housing program is merely another forward step In this direction." He recalled that several years a similar celebration was held at Jackson College at which time the first Mississippi Negro farmer who repaid his farm ownership loan some 30 years ahead of scheduled was honored as the Robinson family is honored now. Prayer was offered by the Rev. J. B. Wheaton, pastor of Central Methodist Church in Jackson. The Jackson College choir under the direction of Prof. Rogie Clark sang several numbers Rev. A. L. Rice College Chaplain was master of Ceremonies. Among the distinguished visitors and guests presented were; Attorney O. B. Taylor of the Mississippi Title Insurance Company; Tom Patterson, State Director of the Production and Marketing Association; Dudley Miller and Quinn Tynes, members of the County FHA Committee of Lawrence County home of Mr. and Mrs. Robinson; Mrs. R. L. Sett. FHA county clerk and James H. Carr, Lawrence County FHA Supervisor. W. H. Merrill, Farm Ownership Division Head, FHA State Office, Hubert Morley, Housing Specialist; A. Maceo Smith, Regional Racial Relations Advisor, Housing and Home Finance Agency, Dallas Texas; Ocie Lee Smith, State FHA Office, Little Rock, Arkansas; O. L. Bates and L. E. Carruth, Veteran Training Officers, R. H. Miller, U. S. Forest Service; R. C. Paige, County Agent, Lawrence County. L. Herbert Henegan, Informant Specialist, Farmers Home Administration, Washington, D. C.; Percy Greene, Editor, Jackson Advocate; L. M. McCoy, President of Rust College and G. W. Williams, principal of Oakley Training School. Mother Of Wendell years. Rev. T. J. Hale, pastor, and Rev. N. S. Jones, pastor of First Baptist Church, Okmulgee, close friend of the family, officiated. All three of Mrs. Haynes' sons are succeeding in life. Wendell O., and members of his family came to Memphis over two years ago as the results of a promotion. Mr. Haynes was given with Universal Life Insurance Company. Since coming to the Bluff City Mr. Haynes has identified himself with the religious, civic and fraternal life of the community. He is president of the Noonday Luncheon Club, member of Metropolitan Baptist Church where he teaches in the Sunday School Department; and active in Kappa Alpha Psi Fraternity. His wife, Mrs. Doris Haynes an accomplished musician, teaches at Melrose School. The couple have two children. Another son, William Joseph, is agricultural director, Colbert, Okla and Marcus, is one of the star players with the famous Globe Trotters Basketball term. Other surviving relative include a daughter, Mrs. Cecil Alberty, of Sand Springs; two brothers, Rev. William B. Marsh, pastor of a church in Washington, D. C. Joseph Marsh, veteran mail carrier of Muskogee and other relatives. Boy Scouts Mark 40th Anniversary The 40th anniversary of the Boy Scouts of America will be observed Feb, 6 to 12 in every part of the nation by more than 2,300,000 boys and adult leaders. "Strengthen Liberty" is the birthday theme. The Boy Scouts' "Crusade to Strengthen the Arm of Liberty" continues through 1950. During Boy Scout Week, Units will hold "Crusade Night" meetings when 1949 Crusade Awards will be presented. Representing the 12 Scout Regions, 12 outstanding Boy Scouts will make a "Re port to the Nation" at Washington, D.C., where the Movement was incorporated Feb, 8, 1910. They will also take part in an impressive ceremony at Independence Hall in Philadelphia. The highlight of 1950 will be the Second National Jamboree which will see 40,000 Scouts and Leaders camping together at Valley Forge, Pa., from June 30 to July 6, including Scouts of other lands. Since 1910 more than 16,500,000 boys and men have been identified with the Boy Scouts of America. Urban League gram held last summer and during which time four journalists were awarded scrolls for distinguished services to the community. Secretary McDaniel was enthusiastic in his commendation of Walter Butter, director of agency Union Protective Assurance Company, and his associates notably Theodore Spencer, for successfully directing the league's membership campaign last spring. Cooperation of the press, LeMoyne College, churches of the city, and the public and private schools was taken cognizance of. Henry E. White was reelected president of the league. Other officers reelected were Elmer Henderson, vice-president; and Mrs. R. L. Franklin, secretary, Officers of the board of directors are Dr. Peter Cooper, chairman; M. W. Bonner, first vice-chairman; Mrs. T. H. Hayes, Sr., second vice-president; Mrs. Idella M. Dean, secretary; and Prof. J. A. Swayze, treasurer. Refreshments were served. Citizens or of a million dollar stadium built by Dr. Martin–only Negro– owned and operated stadium of the country and in the Negro American League. They went on record as having "no alternative but to support Martin Stadium which is a constant source of pride to all Memphis in that the $250,000 which has been invested in the stadium is for the interest of the public." Notable suggestions were made by Prof. Cash, Mr. Qualls and Mr. Brescie regarding the organization of the Memphis Red Sox Buddies Clubs which will be composed of youngsters interested in athletics Prof. Cash and Mr. Qualls were appointed Co-Chairman of the Committee to develop these Clubs. Recruits will be made from homes schools and churches, and caps and pins will be used to identify the youngsters who belong to the "Buddies." Many features, sidelights and attractions have been planned to make 1950 a banner year for Martin Stadium. One feature, which will undoubtedly add to the attendance is the completion of the E. H. Crump Blvd., on one side of the ball park, making transportation easier than last season when roads on two sides were in the process of being fixed. New concrete entrance ways are now ready for the opening of the season. Dr Martin assured the Committee that the Red Sox would definitely be out for the pennant this year and the best players available were being hired. He also called attention to the fact that a minimum of five thousand must attend each game to make it wholesome and profitable. The stadium seats a maximum of eight thousand, five hundred Forty or fifty games will be booked during the 1950 season and the Citizens Committee will seek support through radio, press and personal contacts. Ladies Night will also be observed weekly by the Red Sox with a fortunate lady patron being called "Lady of The Week" and saluted by press and radio. A member of the Buddies Club will also be chosen and saluted in the same manner. Reporters Thrice for their enforcement. Later in the conference the President was asked whether he had any comment on the suggested compromise by Senator Richard B. Russell, Democrat, of Georgia, on civil rights legislation. Mr. Truman replied that he did not know anything about any suggested compromise and added that his compromise was in his civil rights message. Senator Russell has been reported as willing to compromise on antilynching and anti-poll tax legislation but unyielding on FEPC. In the third question the President was asked whether his two previous answer, on civil right questions meant that he will not entertian a compromise. Mr. Truman suggested that the reporter asking this question read his civil rights message. He said that message set out just what he wanted on civil rights. He emphatically added that that was all the comment he cared to make on the question of compromise. A group of eighteen Southern Democrats last Wednesday met in the office of Senator Harry F. Byrd. Democrat, of Virginia, to map a fight on the FEPC bill which is on the Senator calendar, and which Senator Scott W. Lucas, of Illinois, the Majority Leader, has said he intends to call up in mid-February. After the meeting Senator Russell told reporters that they had agreed to oppose FEPC "with every means at our command." Three Southern Senators, who are opposed to filibusters, were not invited to attend the meeting. They were Senators Estes Kefauver of Tennessee, Claude Pepper of Florida and Frank P. Graham of North Carolina. Representative Brooks Hays Democratic, of Arkansas, author of a proposed Southern compromise limiting FEPC to "educational persuasion," last Wednesday sought to sell his moderate approach to Mr. Truman at the White House. Mr. Hays said the President gave him a "most courteous hearing" but he doubted that Mr. Truman was sold. NOTHING OF COMPROMISE for their enforcement. Later in the conference the President was asked whether he had any comment on the suggested compromise by Senator Richard B. Russell, Democrat, of Georgia, on civil rights legislation. Mr. Truman replied that he did not know anything about any suggested compromise and added that his compromise was in his civil rights message. Senator Russell has been reported as willing to compromise on antilynching and anti-poll tax legislation but unyielding on FEPC. In the third question the President was asked whether his two previous answer, on civil right questions meant that he will not entertian a compromise. Mr. Truman suggested that the reporter asking this question read his civil rights message. He said that message set out just what he wanted on civil rights. He emphatically added that that was all the comment he cared to make on the question of compromise. A group of eighteen Southern Democrats last Wednesday met in the office of Senator Harry F. Byrd. Democrat, of Virginia, to map a fight on the FEPC bill which is on the Senator calendar, and which Senator Scott W. Lucas, of Illinois, the Majority Leader, has said he intends to call up in mid-February. After the meeting Senator Russell told reporters that they had agreed to oppose FEPC "with every means at our command." Three Southern Senators, who are opposed to filibusters, were not invited to attend the meeting. They were Senators Estes Kefauver of Tennessee, Claude Pepper of Florida and Frank P. Graham of North Carolina. Representative Brooks Hays Democratic, of Arkansas, author of a proposed Southern compromise limiting FEPC to "educational persuasion," last Wednesday sought to sell his moderate approach to Mr. Truman at the White House. Mr. Hays said the President gave him a "most courteous hearing" but he doubted that Mr. Truman was sold. OPPOSF FEPC for their enforcement. Later in the conference the President was asked whether he had any comment on the suggested compromise by Senator Richard B. Russell, Democrat, of Georgia, on civil rights legislation. Mr. Truman replied that he did not know anything about any suggested compromise and added that his compromise was in his civil rights message. Senator Russell has been reported as willing to compromise on antilynching and anti-poll tax legislation but unyielding on FEPC. In the third question the President was asked whether his two previous answer, on civil right questions meant that he will not entertian a compromise. Mr. Truman suggested that the reporter asking this question read his civil rights message. He said that message set out just what he wanted on civil rights. He emphatically added that that was all the comment he cared to make on the question of compromise. A group of eighteen Southern Democrats last Wednesday met in the office of Senator Harry F. Byrd. Democrat, of Virginia, to map a fight on the FEPC bill which is on the Senator calendar, and which Senator Scott W. Lucas, of Illinois, the Majority Leader, has said he intends to call up in mid-February. After the meeting Senator Russell told reporters that they had agreed to oppose FEPC "with every means at our command." Three Southern Senators, who are opposed to filibusters, were not invited to attend the meeting. They were Senators Estes Kefauver of Tennessee, Claude Pepper of Florida and Frank P. Graham of North Carolina. Representative Brooks Hays Democratic, of Arkansas, author of a proposed Southern compromise limiting FEPC to "educational persuasion," last Wednesday sought to sell his moderate approach to Mr. Truman at the White House. Mr. Hays said the President gave him a "most courteous hearing" but he doubted that Mr. Truman was sold. Hearings Made terrogation, Representative John J Rooney, of New York, chairman of the subcommittee on Justice Department appropriations, reminded the Georgian that he spoke, only for himself. "I know nothing about the details of the Henderson case," said Mr. Rooney. "I have great regard for the Solicitor General. I am sure that with his ability and his in tegrity he is doing what he thinks is the right thing he should do under the law." Mr. Henderson, director of the American Council on Human Rights, is asking the Supreme Court to reverse a decision of the Federal District Court for Maryland upholding an order of the Interstate Commerce Commission approving regulations of the Southern Railway requiring segregation of colored passengers in its dining cars. In the brief filed by the Justice Department on behalf of the United Stales, it is argued that the order the Constitution and the InCommission approving the regulations because it dames colored passengers the equality of treatment to which they are entitled under the oConstitution and the Interstate Commerce Act. The brief also contends that the "separate but equal" doctrine does not control the issues in the case, but that doctrine, if it be deemed applicable, should be reexamined and discarded. Mr. Preston began his questioning of Mr. Perlman by asking the Solicitor General whether it was his responsibility to maintain the position taken by the various Government agencies in litigation. The Solicitor General replied that his office "normally" supported the position of such agencies, but on occasions it has decided that the agency's position was not sound and has so advised the Supreme Court. "Do you think the Henderson case is one of those cases?" Mr. Preston asked. Explaining that the United States itself is a party in the Henderson case, Mr. Perlman said his office decided that the position of the ICC was unsound and "we decided to take a different position." "Who decided that, Mr. Perlman?" The Georgian asked. "I did," replied the Solicitor General. He added that he had talked it over with Justice Tom Clark, who was then the Attorney General. Before the Supreme Court decideed to review the case, Mr. Perlman said, the ICC had prepared a motion to affirm the judgment of the three-judge district court. "They worked on it without any notice to me," he said", and sent it over for his signature. The Solicitor General said he sent the motion to the Antitrust Division, which handles Interstate Commerce matters, and the Antitrust Division returned it to him on the same day with a recommenddation that "I do not approve it," he said, adding: "So I notified the Interstate Commerce Commission that I would not sign the motion to affirm. I did not think the court would grant it in the first place, and I did not think it was sound in the second place." Mr. Perlman said he told counsel for the ICC of his refusal to sign and the latter said the motion would not be filed. "I then told him that the probabilities were, after I had studied the matter more intensively later on, if the Supreme Court took jurisdiction of the appeal, that I would file a brief in opposition to the position of the Interstate Commerce Commission, which I did," said the Solicitor General. Mr. Preston tried to get Mr. Perlman to say that in filing the brief, he, in effect, "undertook to write into law through judicial process something that Congress would never do by legislative process." "All that we did was to ask the Supreme Court to construe the act of Congress in the way that we think it should be construed," replied Mr. Perlman; "We did not ask them to do anything in opposetion to what Congress had done. We asked them to put into effect the act that was passed by Congress according to what we think is the plain intent and meaning of that act." The Solicitor General denied that the Supreme Court had repeatedly passed on the question involved in the Henderson case. "It had no come up in just that form before, he asserted, adding: "As a matter of fact, the regulation involve in the Henderson case was litigated in an earlier case before a three-judge Federal court and the court in that case passed on the first regulation of this character and decided that the regulation was invalid, and sent it back to the Interstate Commerce Commission. "The railroad then prepared another regulation and the Interstate Commerce Commission approved that second regulation as they had approved the first regulation. "It is our considered judgment that the second regulation is just as invalid as the first regulation that was declared so by the court." "Was that conclusion which you reached based on a legal principle or on a personal opinion on the question of segregation?" Mr. Preston asked. "Based purely and solely on a legal interpretation," replied Mr. Perlman. Mr. Preston told the Solicitor General that his action in the Henderson case had not made any members of Congress that he knew of happy. "I am very sorry that you feel that way about it," replied Mr. Perlman, "but I shall continue to do in the future what I have done in the past." SEEK REVERSAL terrogation, Representative John J Rooney, of New York, chairman of the subcommittee on Justice Department appropriations, reminded the Georgian that he spoke, only for himself. "I know nothing about the details of the Henderson case," said Mr. Rooney. "I have great regard for the Solicitor General. I am sure that with his ability and his in tegrity he is doing what he thinks is the right thing he should do under the law." Mr. Henderson, director of the American Council on Human Rights, is asking the Supreme Court to reverse a decision of the Federal District Court for Maryland upholding an order of the Interstate Commerce Commission approving regulations of the Southern Railway requiring segregation of colored passengers in its dining cars. In the brief filed by the Justice Department on behalf of the United Stales, it is argued that the order the Constitution and the InCommission approving the regulations because it dames colored passengers the equality of treatment to which they are entitled under the oConstitution and the Interstate Commerce Act. The brief also contends that the "separate but equal" doctrine does not control the issues in the case, but that doctrine, if it be deemed applicable, should be reexamined and discarded. Mr. Preston began his questioning of Mr. Perlman by asking the Solicitor General whether it was his responsibility to maintain the position taken by the various Government agencies in litigation. The Solicitor General replied that his office "normally" supported the position of such agencies, but on occasions it has decided that the agency's position was not sound and has so advised the Supreme Court. "Do you think the Henderson case is one of those cases?" Mr. Preston asked. Explaining that the United States itself is a party in the Henderson case, Mr. Perlman said his office decided that the position of the ICC was unsound and "we decided to take a different position." "Who decided that, Mr. Perlman?" The Georgian asked. "I did," replied the Solicitor General. He added that he had talked it over with Justice Tom Clark, who was then the Attorney General. Before the Supreme Court decideed to review the case, Mr. Perlman said, the ICC had prepared a motion to affirm the judgment of the three-judge district court. "They worked on it without any notice to me," he said", and sent it over for his signature. The Solicitor General said he sent the motion to the Antitrust Division, which handles Interstate Commerce matters, and the Antitrust Division returned it to him on the same day with a recommenddation that "I do not approve it," he said, adding: "So I notified the Interstate Commerce Commission that I would not sign the motion to affirm. I did not think the court would grant it in the first place, and I did not think it was sound in the second place." Mr. Perlman said he told counsel for the ICC of his refusal to sign and the latter said the motion would not be filed. "I then told him that the probabilities were, after I had studied the matter more intensively later on, if the Supreme Court took jurisdiction of the appeal, that I would file a brief in opposition to the position of the Interstate Commerce Commission, which I did," said the Solicitor General. Mr. Preston tried to get Mr. Perlman to say that in filing the brief, he, in effect, "undertook to write into law through judicial process something that Congress would never do by legislative process." "All that we did was to ask the Supreme Court to construe the act of Congress in the way that we think it should be construed," replied Mr. Perlman; "We did not ask them to do anything in opposetion to what Congress had done. We asked them to put into effect the act that was passed by Congress according to what we think is the plain intent and meaning of that act." The Solicitor General denied that the Supreme Court had repeatedly passed on the question involved in the Henderson case. "It had no come up in just that form before, he asserted, adding: "As a matter of fact, the regulation involve in the Henderson case was litigated in an earlier case before a three-judge Federal court and the court in that case passed on the first regulation of this character and decided that the regulation was invalid, and sent it back to the Interstate Commerce Commission. "The railroad then prepared another regulation and the Interstate Commerce Commission approved that second regulation as they had approved the first regulation. "It is our considered judgment that the second regulation is just as invalid as the first regulation that was declared so by the court." "Was that conclusion which you reached based on a legal principle or on a personal opinion on the question of segregation?" Mr. Preston asked. "Based purely and solely on a legal interpretation," replied Mr. Perlman. Mr. Preston told the Solicitor General that his action in the Henderson case had not made any members of Congress that he knew of happy. "I am very sorry that you feel that way about it," replied Mr. Perlman, "but I shall continue to do in the future what I have done in the past." MOTION AFFIRMED terrogation, Representative John J Rooney, of New York, chairman of the subcommittee on Justice Department appropriations, reminded the Georgian that he spoke, only for himself. "I know nothing about the details of the Henderson case," said Mr. Rooney. "I have great regard for the Solicitor General. I am sure that with his ability and his in tegrity he is doing what he thinks is the right thing he should do under the law." Mr. Henderson, director of the American Council on Human Rights, is asking the Supreme Court to reverse a decision of the Federal District Court for Maryland upholding an order of the Interstate Commerce Commission approving regulations of the Southern Railway requiring segregation of colored passengers in its dining cars. In the brief filed by the Justice Department on behalf of the United Stales, it is argued that the order the Constitution and the InCommission approving the regulations because it dames colored passengers the equality of treatment to which they are entitled under the oConstitution and the Interstate Commerce Act. The brief also contends that the "separate but equal" doctrine does not control the issues in the case, but that doctrine, if it be deemed applicable, should be reexamined and discarded. Mr. Preston began his questioning of Mr. Perlman by asking the Solicitor General whether it was his responsibility to maintain the position taken by the various Government agencies in litigation. The Solicitor General replied that his office "normally" supported the position of such agencies, but on occasions it has decided that the agency's position was not sound and has so advised the Supreme Court. "Do you think the Henderson case is one of those cases?" Mr. Preston asked. Explaining that the United States itself is a party in the Henderson case, Mr. Perlman said his office decided that the position of the ICC was unsound and "we decided to take a different position." "Who decided that, Mr. Perlman?" The Georgian asked. "I did," replied the Solicitor General. He added that he had talked it over with Justice Tom Clark, who was then the Attorney General. Before the Supreme Court decideed to review the case, Mr. Perlman said, the ICC had prepared a motion to affirm the judgment of the three-judge district court. "They worked on it without any notice to me," he said", and sent it over for his signature. The Solicitor General said he sent the motion to the Antitrust Division, which handles Interstate Commerce matters, and the Antitrust Division returned it to him on the same day with a recommenddation that "I do not approve it," he said, adding: "So I notified the Interstate Commerce Commission that I would not sign the motion to affirm. I did not think the court would grant it in the first place, and I did not think it was sound in the second place." Mr. Perlman said he told counsel for the ICC of his refusal to sign and the latter said the motion would not be filed. "I then told him that the probabilities were, after I had studied the matter more intensively later on, if the Supreme Court took jurisdiction of the appeal, that I would file a brief in opposition to the position of the Interstate Commerce Commission, which I did," said the Solicitor General. Mr. Preston tried to get Mr. Perlman to say that in filing the brief, he, in effect, "undertook to write into law through judicial process something that Congress would never do by legislative process." "All that we did was to ask the Supreme Court to construe the act of Congress in the way that we think it should be construed," replied Mr. Perlman; "We did not ask them to do anything in opposetion to what Congress had done. We asked them to put into effect the act that was passed by Congress according to what we think is the plain intent and meaning of that act." The Solicitor General denied that the Supreme Court had repeatedly passed on the question involved in the Henderson case. "It had no come up in just that form before, he asserted, adding: "As a matter of fact, the regulation involve in the Henderson case was litigated in an earlier case before a three-judge Federal court and the court in that case passed on the first regulation of this character and decided that the regulation was invalid, and sent it back to the Interstate Commerce Commission. "The railroad then prepared another regulation and the Interstate Commerce Commission approved that second regulation as they had approved the first regulation. "It is our considered judgment that the second regulation is just as invalid as the first regulation that was declared so by the court." "Was that conclusion which you reached based on a legal principle or on a personal opinion on the question of segregation?" Mr. Preston asked. "Based purely and solely on a legal interpretation," replied Mr. Perlman. Mr. Preston told the Solicitor General that his action in the Henderson case had not made any members of Congress that he knew of happy. "I am very sorry that you feel that way about it," replied Mr. Perlman, "but I shall continue to do in the future what I have done in the past." NO OPPOSITION terrogation, Representative John J Rooney, of New York, chairman of the subcommittee on Justice Department appropriations, reminded the Georgian that he spoke, only for himself. "I know nothing about the details of the Henderson case," said Mr. Rooney. "I have great regard for the Solicitor General. I am sure that with his ability and his in tegrity he is doing what he thinks is the right thing he should do under the law." Mr. Henderson, director of the American Council on Human Rights, is asking the Supreme Court to reverse a decision of the Federal District Court for Maryland upholding an order of the Interstate Commerce Commission approving regulations of the Southern Railway requiring segregation of colored passengers in its dining cars. In the brief filed by the Justice Department on behalf of the United Stales, it is argued that the order the Constitution and the InCommission approving the regulations because it dames colored passengers the equality of treatment to which they are entitled under the oConstitution and the Interstate Commerce Act. The brief also contends that the "separate but equal" doctrine does not control the issues in the case, but that doctrine, if it be deemed applicable, should be reexamined and discarded. Mr. Preston began his questioning of Mr. Perlman by asking the Solicitor General whether it was his responsibility to maintain the position taken by the various Government agencies in litigation. The Solicitor General replied that his office "normally" supported the position of such agencies, but on occasions it has decided that the agency's position was not sound and has so advised the Supreme Court. "Do you think the Henderson case is one of those cases?" Mr. Preston asked. Explaining that the United States itself is a party in the Henderson case, Mr. Perlman said his office decided that the position of the ICC was unsound and "we decided to take a different position." "Who decided that, Mr. Perlman?" The Georgian asked. "I did," replied the Solicitor General. He added that he had talked it over with Justice Tom Clark, who was then the Attorney General. Before the Supreme Court decideed to review the case, Mr. Perlman said, the ICC had prepared a motion to affirm the judgment of the three-judge district court. "They worked on it without any notice to me," he said", and sent it over for his signature. The Solicitor General said he sent the motion to the Antitrust Division, which handles Interstate Commerce matters, and the Antitrust Division returned it to him on the same day with a recommenddation that "I do not approve it," he said, adding: "So I notified the Interstate Commerce Commission that I would not sign the motion to affirm. I did not think the court would grant it in the first place, and I did not think it was sound in the second place." Mr. Perlman said he told counsel for the ICC of his refusal to sign and the latter said the motion would not be filed. "I then told him that the probabilities were, after I had studied the matter more intensively later on, if the Supreme Court took jurisdiction of the appeal, that I would file a brief in opposition to the position of the Interstate Commerce Commission, which I did," said the Solicitor General. Mr. Preston tried to get Mr. Perlman to say that in filing the brief, he, in effect, "undertook to write into law through judicial process something that Congress would never do by legislative process." "All that we did was to ask the Supreme Court to construe the act of Congress in the way that we think it should be construed," replied Mr. Perlman; "We did not ask them to do anything in opposetion to what Congress had done. We asked them to put into effect the act that was passed by Congress according to what we think is the plain intent and meaning of that act." The Solicitor General denied that the Supreme Court had repeatedly passed on the question involved in the Henderson case. "It had no come up in just that form before, he asserted, adding: "As a matter of fact, the regulation involve in the Henderson case was litigated in an earlier case before a three-judge Federal court and the court in that case passed on the first regulation of this character and decided that the regulation was invalid, and sent it back to the Interstate Commerce Commission. "The railroad then prepared another regulation and the Interstate Commerce Commission approved that second regulation as they had approved the first regulation. "It is our considered judgment that the second regulation is just as invalid as the first regulation that was declared so by the court." "Was that conclusion which you reached based on a legal principle or on a personal opinion on the question of segregation?" Mr. Preston asked. "Based purely and solely on a legal interpretation," replied Mr. Perlman. Mr. Preston told the Solicitor General that his action in the Henderson case had not made any members of Congress that he knew of happy. "I am very sorry that you feel that way about it," replied Mr. Perlman, "but I shall continue to do in the future what I have done in the past." Enjoy Old Sunny Brook BRAND The whiskey that's 93 PROOF "Come over on the SUNNY BROOK side!" Old Sunny Brook is one Kentucky entry we can always depend on to win! Here's to "the Sunny Brook side" where You're always sure of a great whiskey! Consolidated Distributors Exclusive Distributors Memphis 65% Grain Neutral Spirits GETS POST WITH FARMERS HOME —William H. Shell, left, a newly appointed administrative officer of the Formers Home Administration in Washington, is shown being introduced to the agency's credit programs by Administrator Dillard B. Lasseter, Mr. Shell, who has held various administrative positions with Government agencies, particularly in Atlanta, will help further inform colored farmers of the credit aid available through Farmers Home. His appointment brings the total number of colored policy level employees in the agency to seven.—(USDA Photo by Forsythe.) Scruggs, Mitchell At Freedom Observance President Sherman D. Scruggs of Lincoln University (Mo) and J. E. Mitchell, editor of the St. Louis Argus, have been appointed by Gov. Forrest Smith as representatives of the state at the Freedom Day celebration in Philadelphia. Partially-Blind Woman Walks Into Fire A Partially-blind 72-year-old woman walked into the open fireplace of her Knoxville home and died eight hours later of burns which covered almost her entire body. Mrs. Rosie Collins was alone in the apartment she shared with her son and his two children when the accident occurred, Neighbors heard her screams and rushed into extinguish the flames with a wet blanket. Convicted Slayer Kills Wife, Self R. W. Randell, 66-year-old white realtor who was convicted six months ago of manslaughter in the killing of a Negro tenant during an argument shot and killed his wife and then turned the gun upon himself, here last week. Randell, the first white man ever convicted and sentenced for killing a Negro in Lee county, received a five year term but was at liberty under $10,000 bond pending appeal to the Supreme court. About 15 years ago, he was acquitted of murdering his first wife. Philly Youth Gets Scholarship Award Victor Harris, 17-year-old youth has the only Negro to receive the Laureate, highest scholarship award at graduation exercises of the January class of the West Philadelphia High School Friday. Young Harris also received the Alumni Memorial Service Scholarship award of $50, to be applied on his expenses at the college of his choice; a plaque for distinction in athletics, and two gold W's for outstanding scholarship and leadership ability. Look For Omitted