Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1952-08-16
Plan Appeal To
u. S. High Court
For Convicted
Guam Serviiceman

NEW YORK, Aug. - The
United States Supreme Court will
be asked to review the case of two
Negro servicemen now under SEN
tence of death by general court
martial for the rape-murder of a
civilian worker on the Island of
Guam in 1913.
Following dismissal of the case
by the U. S. Court Of Appeals for
the District of Columbia in a two
to-one decision handed down on
July 81, Robert L. Carter, assis-
tant counsel of the National Asso-
citation for the Advancement of
Colored People, announced today
that the case would be appealed
to the Supreme Court.
Although dismissing the appeal
from the district court decision,
the court of appeals established
precedent by ruling that civil
courts have the right to inquire
into the nature of military pro-
ceedings. The lower court had held
that it lacked jurisdiction. In dis
missing the case, the appeals court
held that all the allegations had
been presented to and considered
by the military tribunal and, ac-
cordingly, refused to interfere.
The two servicemen, Robert w
Burns and Herman p. Dennis, Jr..
were convicted following trial by
general courts martial on the
basis of confessions" submitted
The NAACP, through Mr.. Carter
and Frank d. Reeves, Washington
attorney, sought trial III a civil
court for the accused men on the
grounds that their confessions
were involuntary; that they had
been threatened, beaten and held
incommunicado; that witnesses
who might have testified in their
favor were threatened and intimi-
dated; and that witnesses procur-
ed for. the prosecution admitted
perjury.
The effort to obtain review of
the case by a civil court followed
failure to secure further Considera-
ton from the military establish
ment
on the grounds Of disloyalty to the
.. S. government. All of the TWEEN
ty-one were indicated after hear
;ngs and restored to their positions
The NAPE entered claim in the
court here demanding that they be
paid in full-immediately-for the
time lost during their suspensions
In the meantime, the Government
renewed the purge" charges Thu
year on the same evidence which
had failed to be subtsantiated ir
the previous hearings.
Victory for the NAPE seems
certain in this new purge, how
over, for one case involving an Al
lance member in Houston, Texas
has just been decided in favor Of
he Negro postman, whose name
is being withheld at this time
Decisions are pending in the other
cases.
The NAPE also announced the
promotion Of Carl NJ. Young OF
Crestline, Ohio,-a former Pitts
burgh railway mail clerk,-to 3
position in the office of the Dis
trict Superintendent of the 18th
Division of the Postal Transpor,
tation Service at Grestline. Neg
roes, as a rule, have not been re,
ceiving assignments of this nature
Mr.. Young entered the service
from Youngstown, Ohio, in 1925
and is chairman of the insurance
committee of the NAPE.'
Welfare Director William G. ia
son Jr. has returned to his Of
flee here after a vacation in Yer.
mont, New Hampshire and Canada
He is now busy preparing briefs or
several new welfare cases which
have arisen during his absence
While away he visited the Am
erican Labor Education Institut
at Pindle Hills, Wallingford, Pa
which three NAPE representative
are attending under Alliance
scholarships.