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58th Year, No. 67
'I Didn't Know'
Intrepid Cub Given 'Appraisal' of UDK
By Martha Moser
(The city-editor assigned Martha Moser to get a copy of a speech delivered on the radio Sunday by the publisher of a local weekly newspaper who criticized the Dally Kansan. This story is a result of her attempt.)
This sounded fairly reasonable and I was about to pass the incident off as some horrible faux pas on my part when the man said that the speech I was to get must be the one he gave over the radio Sunday.
Speech? The man said he knew nothing of any speech. He explained that he was owner and operator of his business and that if anyone should know what was going on around his place, he surely would be the one.
LAWRENCE, KANSAS
"TIM SORRY, though. I can't give you the speech now," he said. "It's on the press and hasn't been printed yet. I'm afraid I said some things in my speech about your newspaper that weren't too nice."
Sometimes the cub reporter is assigned the duty of picking up a manuscript of a speech so one above him can write a story. That happened to be my position yesterday afternoon downtown.
Walking into the store, I introduced myself to the man behind the counter and told him why I was there. The Daily Kansan had sent me to pick up a manuscript of a speech.
"You did?" I said pleasantly.
"About those articles that have been appearing in the paper," he replied.
"Oh, the series on discrimination in Lawrence."
"Yes," the man said. He crossed his arms on the counter.
"I don't approve of what you're doing up there," he continued. "Stirring up trouble with those articles."
I EXPLAINED that I really had nothing to do with the series.
"Well, you ought to look into it and find out what's going on up there," he said. "You'd better wake up and see what they're doing." The
man turned as if to leave then turned back.
I was puzzled why I was suddenly being chided for a situation in which I had no part, but I smiled.
"It's not funny," he said. "All that trouble because Negro students couldn't buy beer in two taverns. I don't see why you people think drinking is necessary to going to school."
I BEGAN INCHING my way backward toward the door.
"If they want to drink beer, let them drink beer and forget about going to school. They can go to a beer hall and drink a gallon of it."
"That's your boy-friend from the Bronx, for you, writing those articles. I've seen those people back there and they're nothing to be proud of.
I had made it to the door.
The man continued:
"Well, I'm sorry I can't give you the speech now," he said.
"It's quite all right," I answered "I have it, now."
Students Report Several Thefts
William Freeman, Kansas City, Kan., freshman, reported to campus police that someone took approximately $90 and a table radio from his room at 1120 New York St. The money was in a red metal box and contained small change and bills.
Over the Christmas vacation someone stole several books and two shirts from the room of Charles Feyth, Topeka freshman, and Fred Holden, Parsons junior, in Templin Hall. The total value was estimated at about $18.
A shed located in back of the University Nursery School at 1100 Missouri St. was broken into sometime yesterday and toys were scattered onto the floor. No estimate of damages has been made.
Final Examination Changes Announced
Two changes in the fall semester final examination schedule have been made by the calendar committee. They are as follows:
2 p.m. Tuesday, Thursday, Saturday sequence will meet for examinations at 1:30-3:20 Thursday, Jan. 26, instead of 10:10-12 noon Monday, Jan. 23.
English 1, 1A, 1H, all sections,
will meet for examinations at
10:10-12 noon Monday, Jan. 23,
instead of 1:30-3:20 Thursday,
Jan. 26.
ASC to Check Greek 'Clauses'
The National Student Association committee of the ASC made plans yesterday to investigate discriminatory clauses in the constitutions of social fraternities and sororites on campus.
Committee members will contact Emily Taylor, dean of women, and Donald K. Aiderson, dean of men in an attempt to obtain the addresses of the national offices of the fraternities and sororities.
Max Eberhart, Great Bend junior,
said that many of the fraternities
have already removed such clauses
from their constitutions.
The Civil Rights Council recently asked students to boycott two local taverns because they refused to serve Negro students. Edward McMullan, Long Beach, N. Y., senior and member of the CRC and NSA committee pointed out that action against Lawrence merchants and businesses was "hypocritical" unless an attempt to prevent discrimination on the campus could be initiated.
Negroes Return To U. of Georgia
The NSA committee will present a resolution on racial justice to the All Student Council tonight. The resolution backs student boycotts of discriminating merchants.
ATHENS, Ga. — (UPI)—Two Negro students who broke the University of Georgia's 175-year old segregation barriers with a barrage of legal maneuvers returned to the campus today.
Charlayne Hunter, 18, and Hamilton Holmes, 19, drove from their Atlanta homes to the campus here after Federal Judge W. A. Bootle in Macon, Ga., signed an order restraining state officials from following a 1956 segregation law requiring that funds for the school be cut off the minute it is integrated.
As they returned there were these developments:
The atmosphere at the school this morning was one of uncertainty but school officials moved among groups of students to advise that classes were remaining open for the time being.
The campus was quiet today but four students were arrested during demonstrations last night. A small cross was burned in front of a dormitory and several news cameramen lost pieces of equipment to the exuberant students.
MEANWHILE, GEORGIA Attorney General Eugene Cook left early today for Washington where he went before Supreme Court Justice Hugo Black to make Georgia's last legal appeal against the integration — a request that the integration order be staved.
The Georgia legislature, whose halls have rung with some of the south's most vigorous pro-segregation speeches, showed signs today of resigning itself to the eventual integration of the school. Several leaders of both houses indicated they would introduce bills to repeal the laws which require closing of the school when the Negroes enter.
Absenteeism at the University was heavy this morning because of confusion over whether classes would be open.
The University's administrative council went into session early today and four hours later still was conferring.
GOV. ERNEST VANDIVER announced last night that a 1956 segregation law would go into effect the minute Negroes showed up at the 175-year-old school, cutting off funds and stopping operation of the University. State officials said this law was interpreted to mean "not a stamp could be used" after funds are cut off.
The mood of the students was quiet this morning but four students were arrested during demonstrations last night.
Katanga Head Voices Threat
LEOPOLDVILLE, Congo —(UPI)
—Moise Tshombe, president of Katanga Province, told the United Nations today he will send troops into the newly-created "Lualaba State" if U.N. forces do not disarm pro-Lumumba troops there by midnight.
Tshombe's ultimatum said followers of deposed Premier Patrice Lumumba who invaded the province and set up a capital at Manono, 400 miles north of the provincial capital of Elisabethville, had violated a neutral zone created to keep warring tribesmen apart.
The United Nations replied only that it is a technical question whether Manono lies within the neutral zone or just outside it and whether the pro-Lumumba troops are in the town or on the outskirts. A spokesman said it also is possible the troops detoured around the neutral zone.
The troops are believed to be from Kivu or oriental provinces or both. Observers were impressed by the move of hundreds of miles they would have had to make to reach Manono.
Weather
Generally fair this afternoon, tonight and tomorrow with little change in temperature. Low tonight 15 to 20 northwest to the 20s southeast. High tomorrow 45 to 50.
Tavern Problem May Stimulate Litigation
By Byron Klapper
(Editor's Note: This the second of a series about discrimination in Lawrence involving KU students and townpeople, and exploring action by student groups; with Ronald K. Badder, Kansas City, Kan. senior in the School of Law.)
Can taverns legally discriminate? The Civil Rights Council has been attempting to get taverns to abandon their discrimination policy. But some tavern owners say "No."
The situation in Lawrence may require a court decision to determine whether taverns come under the Kansas laws prohibiting discrimination in public places.
KANSAS HAS A LAW which makes discrimination illegal in hotels, restaurants, and places of public entertainment, for which a municipal license is required.
Badger said that to his knowledge there has been no court decision classifying taverns. But an opinion was requested by the Wyandotte County Attorney regarding the inclusion of taverns under the present law.
The issue centers on whether taverns will be defined by the courts as places of public entertainment or amusement.
ATTY. GENERAL ANDERSON.
on July 22, 1959, rendered the opinion that the taverns were not included under the Civil Rights Act.
"... It would appear doubtful that an establishment wherein only cereal malt beverages are sold to the public, would be a place of public entertainment or public amusement."
Anderson said:
CIVIL RIGHT SUPPORTERS argue that taverns may come under the law for the following reasons:
1) It is readily observable that taverns generally provide objects of entertainment such as pin-ball machines, juke boxes and television. A few provide space for dancing.
2) Drinking beer in itself may not be considered entertainment. But when drinking beer is combined with the entertainment facilities in the tavern, the combination takes on a characteristic of entertainment.
3) The Kansas Supreme Court, in 1939, defined a place of entertainment and amusement as a "place to which people resort for the purpose primarily of being entertained or amused. (Brown V. Meyer Sanitary Milk Co.)
While the attorney general has rendered an opinion that taverns do not come within the purview of the law, one could argue that the definition above includes taverns.
THE CIVIL RIGHTS ACT also requires that places of public entertainment or amusement be licensed by the city. The city of Lawrence does require a license for taverns. Thus, taverns do fulfill that requirement of the Civil Rights Act, Badger concluded.
The clause in the Civil Rights Act
stating that a municipal license is required of a place of public entertainment or amusement has given the city the choice to decide whether a place of public entertainment falls under this act.
This means that if a movie theater is not licensed by the city, the state cannot prosecute a theater owner for discrimination.
Speaking of the Civil Rights Act, Harry A. Bailey Jr., Lawrence graduate student said in a Daily Kansas interview:
"IN THE COURSE OF one year, the great majority of the establishments affected by this law have obeyed it, and have experienced little or no loss of business. This is due to the fact that all the establishments were equally affected."
We reserve the right to. . .
"It would seem logical on the basis of previous experiences, that if all taverns within a community desegregated, there would be no loss of business.
"Since Negroes have the right to attend desegregated schools, movies and restaurants, it would seem logical that they would also be able to drink beer in the various taverns in the community."
BAILEY, a political science student, said he believed that some tavern owners realized it is wrong to segregate, but they sincerely feel they would suffer a loss of business. This would not be the case if taverns, like restaurants, were included under the Civil Rights Act, because all would be affected he said.
(The next articles which will appear in next week's paper will discuss housing and a recent history of civil rights in Lawrence.)