Indianapolis Recorder, Indianapolis, Marion County, 6 September 1947 — Page 2

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Page 2—THE INDIANAPOLIS RECORDER, Sept. 6, 1947

WORKERS SUE Continued from pa'je 1 crease employment of union mem-

bers-

Despite the fact that* colored employees of the railroad In train, engrne and yard service were performing their duties satisfactorily, the plaintiff-; aver, the Trainmen. Firemen. Conductors and Engineers conspired together and hy threatening to tie up all traffic compelled the railroad to* sign an agre ment that it would employ only white men in train, engine and yard service, excepting train porters. This agreement, which became effective March I t. 1S28. the plaintiffs assert, was contrary to the federal civil rights statute a perversion of anti contrary to the Railway Labor Act. contrary to the aRilway Labor Act, contrary the public policy of the Doited State:?, and utt rly void. As an attempted exercise of governmental pow- r hy the four Brotherhoods under the Railway Labor Act. the plaintiffs state, it violated the due process clauses of the Fifth Amendment to the Dnited States Constitution and of the Constitution of Missouri. In pursuance of the alleged cons piracy, the plaintiffs say, the plaintiffs say. the Firemen compelled the defendant railroad and carriers in the southeastern sec-

cept an agreement dated February 18, 1941 ^restricting the employment of colored locomotive

firemen.

The Trainmen, the plaintiffs allege, demanded in 1945 that the defendant railroad and other southern and western carriers prohibit colored passenger brakemen from doing any straight brakemen’s work and to place white brakemen on the head-end of t-ite train to do the brakemen’s work. Backing their demands with strike threats, pay claims and other forms of economic duress, the Trainmen compelled the railroad to enter into an agreement, effective April 1, 1946, that the practice of train porters performing work generally recognized as brakemen’s duties would he discontinued. the plaintiffs state. As of April 1, 1946, the efT ctive date of the agreement, the railroad notified its colored passenger brakemen that the position of train porter would be abolished. The colored employees sued for

KILLER NRRRED Continued f/om page 1

good reason. Shelby Fennell, age 40, 1047 Holborn, brother to the wanted man and Cleo Oliver, age 49, same address, told detectives Casper Kleifgen and Charles Cavender of the homicide bureau, that Robey came to the Fennell home and asked the Oliver woman if she had seen his girl friend. He was pushing a bicycle, they said, and two small boys were with him. One of them also had a bicycleFennell came up ar.d asked Robey why he was looking for his girl friend there and Robey replied, “1 am not talking to you, I am asking Cleo where she is.’’ When Fennell said that arguments should take place In the ailey, Robey replied that he was already in the alley. Becoming infuriated over Robey’s answer. Fennell stated. “I want to kill somebody anyway" and pulled out a .32 calibre revolv-

Howard applied on March 21. last, for classification as brakemen.

tion of the Dnited States to ae- j Harper and Howard also applied

I at the same time for jobs as loco-

~ I motive firemen. Their applica-

| tions were rejected because of the 1928 agreement, the plaintiffs av-

J ff f ^ The plaintiffs seek to enjoin the a / M four Brotherhoods and the rail- ■ //) ¥1/9 roatls f r °m asserting any rights

under the t hr ee tfTScriminatory M agreements which they want the

V /w Jr ¥$§fitA court to declare null and void.

^^frwfwfXfrwMfr They also ask:

| That they be awarded against I the '"Brotherhood-, compensatory damages of $50,000 each and punitive damages of $500,000. totaling $2,500,000. because of the wrongs sustained from the Brotherhoods’ enforcing the 1928 agreement. That Tillman, Harper and flow-

er and shot Robey. As Robey fled

an injunction to prevent their d’s- j down the alley two small boys and charge. A temporary restraining tne other witnesses said that Fenorder was issued. United States nell tired again at him but tne bulDistrjet Judge Richard M Dun- •let missed. Robey cied of a wound can early in August ruled that the ! below the heart before Cavender National Railroad Adjustment 'and Kleifgen could question him. Board was the proper agency to I Joseph Jackson, alias Mexican determine the status of the men. Joe, age 33, 822 So. Illinois st., hut continued the temporary re- 1 was rushed to City hospital early straining order, which is still in , Monday night with a bullet wound force. . , in the left side of the neck. H? Plaintiffs Tillman. Harper and dhd without regaining conscious-

ness. Shortly afterwards motorcycle officer Edward Denny surrendered Sylvester (Big Red) Allen, age 40, 716% So- Illinois st., to Sgts. Kleifgen and Cavender in front of police headquarters. Allen, arrested over 8 times on assault and battery charges, immediately made a statement to t-he, officers saying he had killed Jackson because he teased him in front' of some people about being dirty and shabbily dressed. Allen was charged with first degree murder and bound to the Marion County grand jury Wednesday afternoon in Court Room 3 by Judge Joseph

Howard.

Allen said that ne and Jackson bought some wine and beer ia a Southside tavern and then Jackson started teasing him. He slapped^ him down he said, and

ard each be awarded against the t h e n Jackson threatened, -‘You

Trainmen compensatory damages • of $50000 and punitive damages of ; of $50,000 and punitive damages of i of the wrongs sustained by the {Trainmen’s execution and attempted enforcement of the 1946 agree-

I ment.

know I am a Mexican and can throw a knife. I’ll come back and kill you for this.” When he left. Allen said, he remained there. He shot Jackson when he returned and attacked him, he stated. Allen stated that he never left

says

Lau rence Rhodes Maplehurst Routeman

That Smith be awarded against 1 pi a( . e but Cavender and Kleifth* Trainmen compensatory dam- 1 gen said that they found a flaw

■ fi

V

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ages of $1 and punitive damages of $250,000 because of misrepresentation under the Railway Labor Act by the Firemen in negotiating

the 1941 agreement.

Motions for temporary Injunctions have been set for argument

September 23.

in his statement especially concerning the revolver he used- They said that Allen named a friend, Mike Black, age 33, 913 So. Kenwood, as the man from whom he got the revolver. They quoted Allen as saying that Black knew nothing of the trouble and would

Louis, and Charles H. Houston and Joseph C. Waddy, both of

Washington. . ISXJB' . *» . :

—YOU MUST REGISTER TO VOTE— ‘OUR DREAMS-?'

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550 490 235 072

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POLICE STEP UP 'ALL RUT ONE OF

Continued from page 1

ifc.vV'j'

Continued from Page 1

909 KOOSEVELT BUILDING

• Attorneys for the plaintiffs are I not have given him the gun had Victor Packman, Henry D. Espy he known what He was going to and Sidney R Redmond, all of St. do.

The detectives have not recovered the gun as yet but stated tl>at unless it is produced within hours Black who Is now being fceld under a high vagrancy bond will face double charges of accessory before and after mur-

der.

In a desperate effort to cut off every avenue of escape and reduce the number of persons wanted for murder in Indianapolis since January 1, Detective Chief Jesse McMurtry seat 8 radiograms to cities where Fennell is kixrwn to Have visited. Police in. Baltimore, Maryland replied that he is wanted there on a charge of assault and battery with intent to kill. Police here are waiting for a photograph of Fennell to be sent from the Federal Bureau of Investigation so that they can send out circulars to-other cities. Since January 1, one person listed as murder fugitives has shown up in the wanted files of the homicide bureau every two months. Others still sought by detectives here are: William (Buddie) Miles for killing Jesse Avery; Q. Z. Peniex for killing Miss Hilda Flagg; and Miss Elizabeth Thomas for the dagger slaying of Miss, Clara Brady. The Federal Bureau of Investigation is seeking all of these people on the ‘‘fugitive felon” code except Fennell. As soon >s authorities here prove that Fennell has left the state the bureau will seek him also, McMurtry said. —YOU MUST REGISTER TO VOTE— NAT'L GUARD Continued from Page 1

units.

The air corps, Gen Maxwell said is practically recruited to full strength and no Negro applicants were accepted- A Negro unit of mess attendants was proposed, but relegation to the branch of service was frowned upon by colored veterans. Legionnaires, and members of the state legislature who are interested in seeing to it Negn^s get fair representation in all branches of the state's National Guard. About one-third of the ground troops have been organized and j have begun training in the 38 armories scattered throughout the

state.

Efforts are being made, The Re-

VICTIM AND ACC USED SLAYER involved in Labor Day slayings were; top to bottom, Fred Robey, said to have been fatally wounded by Edward Fennell, now a fugitive; Joseph Jackson, alias “Mexican Joe,” allegedly fatally wounded by Sylvester Allen (bottom). corder was told, to secure Fort Harrfson, now largely in disuse as a site for a colored armory for Negroes of Indianapolis and vicinity. Armory facilities for prospective Negro Guard members presents a p r o b I e in no official

seems anxious to solve.

A program of formal activitie? in observance of National Guard day is expected to be announced soon through the adjutant general’s office. It has been planned hy war department officials in Washington as part of a recru ting drive to strengthen the National (luard

in the several states.

Illinois, Ohio and Michigan are mid-western states which have already formed colored guard units. —YOU MUST REGISTER TO VOTE—

Hayes, 41, 516 Minerva street, for keeping a room for pool sellin r an.I advertising a lottery and gift enterprise. Albert Kilcrease, age 36, 1030 West Walnut street, was arrested for aiding and abetting Mr. Hayes. Louise Murphy, 34, 744 W. New York street, was charged with the same offense. In the 400 block Indiana avenue Sgt. Merton arrested Archie (Joker) Young, age 67, 625 Bright street, for keeping a room for poo! selling and advertising a lottery and gift enterprise. Albert Young age 32, 410 North West street, fid William Cowherd. 40. 436 California street, were charged with aiding and abetting. Sgt. Jesse Hadley and officers >f hi* sonar, ra tied ohn Odom, r-2, 101 West Fall Creek Boule'••d an* 1 arrested him on the lottery and ticket violation. John Posey, 49. 624 N. California, was charged with abetting. •At 787 Indiana avenue Fgts. Morton and Yarbrough and Lieut. Reeves arrested Andrew Perkins. 40, and Clarence McClain, 32, 2617 Rhriver avenue, on charges of op araiing lotteries and pool selling. Hubert Leville, 41. 139 West 21st street, was also charged with abet-

ting.

Again at the Sunset Smoker, 867 Indiana avenue, Morton arrested Henry Cooeh, 28. S04 W. 12th street, on charges of violating the pool and ticket, law. All of these raids were made with search warrants and the raiding officers confiscated quantities of baseball tick'•ts and other policy slips. Walter Carlin, 21, 921 Roanoke street, was sent to city hospital .villi a cut on the left side of the face, from ear to chin. He said that an unknown man argued with Daniil Smith. 30. and struck at’ uiith wirli a knife and missed, striking him instead. The man is unapprehended. Harold Matin, 26. 1123 W. 27th. suffered stab wounds of the chest and several in the body and legs it 25th street and Northwestern avenue. Police arrested Arthur Thomas, 27, on vagrancy, as a sus

pect.

Edward Bell. 55, 1249 West 25th street, was critically injured this week when the walls of a ditch he was digging collapsed on him He was struck by a stone in the wall and suffered a fractured wrist and possible internal inju-

ries.

The habeas corpus proceedings | scheduled to be heard in Superior Court last week In the case of Mrs. Marylou WUlmrns, charged | with first degree murder, will he h ard Friday afternoon in Circuit Court before Judge Lloyd D. Claycombe. Frank R. Beckwith, attorney, said that he will seek to have Mrs. Williams admitted to bail on a manslaughter bond. Mrs. Williams fatally shot her husband, Edmund Williams, three weeks 4 ago iti was reporter! when he broke iufy her houset and attacked her an« members »f the family. They had been estranged and a restraining order had been served on Williams. —YOU MUST REGISTER TO VOTE— John Shellburne To Re Guest A t Dinner John Shellburne, former Attucks high school coach, will be guest of honor at a dinner given hy his Indianapolis friends and former associates at the Ferguson hotel, September 15. He will spend two days visiting here. Shellburne, is a graduate of Dartmouth university where he gained national fame as a football star. He was named an AllAmerican hy the late Walter ! Camp. The dinner is being co-sponsored by Brownell Payne and Fred A. Parker. Friends desiring to attend may make reservations by calling Mr. Brownell at HUmbolt | 2257 or Mr. Parker at TAlbot 4872.

Medics Endorse Red DEDQI-Pfll A Pfl Cross Blood Plan I 1,1 01 UULH OUi

six grades took place without incident. Whites Welcome Negroes At Jefferson School, a committee of white pupils welcomed 16 or 17 Negro children who were newlv enrolled. The wftite boys and girls showed the ^Negro pupils around the school and helped them to get registered. There was no trouble at TAlles ton and Beveridge schools, which along with Jefferson have the largest number of Negro pupils. Pulaski School, which was formed hy the consolidation-of a former Negro school and a former white school, experienced no difficultv. The primary children were enroll ed in the west building, wher* Miss Elsa Wettengel is principal, and upper grades were enrolled in the east buildinv, under Principal Melville C. Bryant. As school opened, the rebellion : group of Emerson students re malned outside, while adult spec tators stood across the street and on nearby corners. When other students left the school after corn pleting their registration, they were invited bv the rebels to come to Buffington Park. Negro pupils, in most cases nc companied by their parents. we:e not molested as they entered the school and registered. About 100 white students assembled at the park, and attempted to hold a meeting. Mark C. Ros er. child welfare director, warned them such activities would he dangerous. He cited the anti-hate law recently passed hy the Indiana legislature. Some adults were present at the disorganized gathering. Anti-J Irrcrow Plan The new school plan provides that all children in the kindergar tens and first six grades shall attend the schools of the districts where they live, jegar Dess of race color nr religion. Ultimately the nlan will be evtended to the high er grades until discrimination and segregation have been completely eliminated from Gary’s schools. The school hoard adopted the new policy after a series of student ‘-hate-strikes” at Froebel School last year. The controversy, In which white students were egged on by pro-fascist adults, attracted nation-wide attention. At the height of the affair, Frank Sinatra came to Gary and pleaded with the young people for Interracial unity. Democracy-minded residents were alarmed by the Froebel strike. After the movement collapsed, the school hoard moveef quickly ahead to abolish discrimination, and thus cut the ground from under the sinister forces who were agitating the students. Michael J. I^obo. chairman of the school hoard at the time the new policy was adopted, was honored with a Thomas Jefferson Award for outstanding service to democracy in the U. S. Meanwhile, the agitators cc/ntinue.i their work, however, particularly in the Emerson School district, which was the scene of a similar movement in the 1920’s. Much of the hate-agitation was based on the theory that interracial schools would lower property values. Only 117 Involved The residential principle was strictly adhered* to, as plans were made this summer for assignment of pupils to various schools. Sur prisingly enough, it was found that only 117 Negro children would ho transferred to ' former all-white schools because of the new policy This gave the lie to bigots who had predicted great social disk) cations if the plan were carried ont. —YOU MUST REGISTER TO VOTE— ★ PATRONIZE ★ ADVERTISERS ★ RECORDER

Continued from page 1 the contest. Contest rules niay be obtained by writing the PepsiCola Scholarship board h re. Boys and girls entering the 1948 competition must be elected hy classmates as one -‘most likely to mase important contributions to human-

ity.’’

Dr- Modecai W. Jahnson, president of Howard un'vemity, is a member of the P psiCoia Scholarship hoard. Already 59 Negro students have won the I’epsJ Cola four-y* ar college scholarship ), ne said, and 269 other Nwro seniors have been encouraged to rontiiittf? thdr education tbrou'h the 0 win ning of college enframe award* which includes trayel ng exp ose and a a $25 monthly ailowaft* e. Endorsed by the conte t > rnittee of the National A v’a’ on of Secondary School prin'opHl*. the program L planned oi.il al ministered by the boa/d do-.tin* guished edueatbi: b" <-d from the nation's top cptiefce*; aiid uc.versities. Floyd \V Boev s, professor of bus ness aduraistration

other while men involved in the 1 at the l,'niv<-r ity of Chb-ago iIvnch iiltrmpt last spring. How j board president. John ,M :) alever, in freeing the six, the judge naker, professor of psychology at ordered that another man, Joe Stanford university. 1- scholarCunningham, assistant t h e a t e r ship program director Paul F. manager a t nearby Rich Square Lawrence, studying at Sanford D , where race tension has run high is the Negro repr sent alive, this year, he held for action by • A total of 80,364 boys and g rls the grand jury on Sept. 16. j have taken part in the annual eom-

LOS ANGELES (ANP)—A total of 361 delegates and visitors t:> the National Medical association convention held here at Jefferson High school are ”in accord with the American Red Cross’ blood donor program re<-ently placed on a nationwide basis.” Pesse O. Thomas, assistant to tlie vice chairman in charge of public relations for the Red Cross, so declare d following a tabulation of the poll conducted at the" Red Cross blood donor service exhibit one of the highlights of the con-

clave.

Through its blood donor program the Red Cross alms to supply su^iee lit whole blood lor transfusion use in both veterans administration and civilian hos-

pitals, Thomas poiiPed ou».

- YOU MUST REGISTER TO VOTE— JUDGE ORDERS

Continued from Page 1

petition since its inuugura’ion in 1945 from 10,000 of the nation’s high schools, and 367 of them are attending 140 colleges and univer sities for four years of undergraduate work on Pepsi Cola scholarships- No scholarship winner is Obligated during or after graduation to the I'e ps-Cola company, the hoard’s announcement said.

These actions were taken by

Jud e Frizzelle, who sat as a spe cinl committee magistrate on Governor F. Gregg Cherry’s commission. several mons after the re ulur Northampton County grand jury fa iled to take any action

against tip* accuse 1 men. Arrest of the jailer, A. W. Ed

wards, an elderly man, cam*- as a surprise move in the hushed and crowded courtroom. The judge

acted after Edwards had testified ia jail and with aiding and abetting that there had been no threats of ! in the jail-breaking and entering, violence against him when the Ne- Action of the judge in the case of gro youth had been dragged from {Jailer Edwards is unusual in the jail hy the mob leaders. His Southern states. testimony sliowe 1 clearly that he —you MUST REGISTER TO VOTE—

the jailer, had offered no resistance whatever to the would-be

lynchers.

Edwards is charged with con spiracy in breaking and entering

it PATRON!!'!!. it RECORDER * ADVERTISERS

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THE RECORDER ADVERTISERS APPRECIATE YOUR PATRONAGE

THE INDIANAPOLIF RECORDER George P. Stewart Founder and Editor—1896-1924 Mareua C. Stewart, Editor \fr.!n Office: 518-20 Indiana Avenue. National Adver'islnpr ReDreeentatlves. Main Ofce: 518-20 Indiana Avenue. Branch Offices: Chicago, Dttrolt. Unsolicited manuscripts, picture cm cu's will not be returned unless ac rompanled with postage to eover sa.m«. ’Ihe Indianapolis Recorder will not be responsible Hr the return of such material except when this rule U followed. Entered at *he Post Office, Indianapolis, Ind., as second-class matter under the Act of March 7, 1870.

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