The Omaha guide., 1935-04-20

COuII W COIlSlutF Tile
jury issue, basing its reversal OF
he death sentences on a techni.
cality.
But the mounting campaign OF
mass protest, coupled with the
best legal defense, finally crashed
through the maze of juridical red.
tape used to deny constitutional
rights to Negroes.
For its historical significance
he United States Supreme Court
decision on the Scottsboro case
outstrips that of the bred Scotl
decision which declared a "Ne-
gro has no rights which a white
man is bound to respect"
Another factor which obvious
ly influenced the decision was
the Harlem outbreak, occurring
only two weeks before the deci-
sion was rendered.
Rulings CT Supreme Cour.
The opinion as delivered by
Chief Justice Hughes rules:
THAT Whenever. all per-
sons Of the African race are
excluded solely because of their
a c or color, from serving as
grand jurors in the criminal
prosecution Of a person of the
African race, the equal pro-
lection of he laws is denied
him."
2That "the names Of six Ne
groes' were written in after
The jury rolls were closed, con-
stituing a fraud.
9Tha, "for a generation or
longer no Negro had been cal
led for service on any jury in
Jackson County" Alabama.
THAT there we're Negroes
qualified for jury service"
5-That 1--WE the Supreme
Court are of the opinion that
the evidence presen, ed by de-
tense j. B. required a diff
ferent result from that reach
ed in the State Court"
The one part of The decision
which particularly. reflected the
mass demand for the freedom Of
The Sco,tsboro boys was the
separate decision on Haywood
Paterson. While returning his
case to the State Court, the de-
cision states emphatically that
there are sufficient grounds for
reversal of the former decision of
the State Cour,. In this case the
state urged that the United States
Supreme Court had no jurisdic-
ton due 20 a technicality. How
ever the constitutional points
hold in both cases, as both
were indie. ed by the same all
white jury.
Alabama Courts Rebuked
The carefully worded opinion
delivered by Chief Justice Hugh
es rebukes The Alabama courts
for their crudity in barring Ne
groes from jury service.
The jury commissioners state
ment that not one Negro male
of the 666 in jackson could quail
fly for jury service vas character
lied as "too sweeping" and "a
violent presumption" by Justice
Hughes. He subtly indicated a.
more refined way.
For example: IF the Names
Negroes are added to the juSyI
rolls and called for jury service,
the constitutional requirements
will have been met. And if in
drawing jury panels a Negro ap-
pears, the challenges of the pros
ecution are enough to insure that
no Negro serves on petit juries.
Southern "Persuat ion"
The Fuel Lee case in Maryland,
where this procedure worked, is
an example. Negroes on the panel
challenged off, a lily-white jury
legally lynched
In the case of grand jury serv-
ice where there are no challenges,
there is still left the old method
Of persuasion This type Of
persuasion" was thta used on
Negro witnesses at Decatur trials,
lynch threats, bombing, house
burning, etc.
1t is clear then that to crash
through the legal and extra-legal
obstacles standing in the way Of
justice 10 the Scottsboro boys,
requires a real mass movement.
Such a movement must back up
the demand for Negro jurors and
for other constitutional and civil
rights. Thus the Scottsboro case
is more closely woven into the
struggle for Negro rights.
What of Other Negroes Indicted.
If the Scottsboro boys were in
dicted illegally, what Of the other
thousands of Negroes now serv-