City of New York to sell food and liquor and to operate a cabaret.

All these circumstances add up to our unequivocal statement
that the report of November 27 released by Commissioner Monaghan is
nothing but a whitewash. If it is permitted to stand, then the City
of New York will indict itself for failure to do an honest and com-
plete job of investigation and to take appropriate action on the basis
of its findings. We, therefore, call upon you as chief magistrate of the
City of New York to order a new and unbiased investigation, to order
open hearings, and to utilize every investigatory facility at the dis-
posal of the City of New York to inquire into all phases of operation
of the Stork Club and of activities of Sherman Billingsley, past, pre-
sent and future.

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P.C. 9378
C.I. 13386
BHME 3646
6D 1383

November 27, 1951

From: Commanding Officer, Sixth Division

To: Commanding Officer, Borough Headquarters Manhattan East.

Subject: ALLEGED DISCRIMINATION AGAINST JOSEPHINE BAKER, BY THE STORK CLUB, 3 EAST 53RD STREET, NEW YORK, ON OCTOBER 16, 1951.

1- Matter investigated by the undersigned and Commanding Officer, 17th Precinct.

2- The Stork Club is a restaurant and cabaret located in premises 3 East 53rd Street, Manhattan, a seven story building owned by the Stork Restaurant Corporation, same address, operating under State Alcoholic Beverage Control License 1-RL-5133, Cabaret License #21785 and Department of Health Permit #61379 issued to the Stork Restaurant Incorporated, 3 East 53rd Street, New York, N. Y. John J. Farrell, 550 Linden Avenue, Teaneck, N. J. is President, Edward J. Wynne, 35-39 92nd Street, Jackson Heights, Long Island, is Secretary and Treasurer and Sherman Billingsley, 3 East 53rd Street, New York, N. Y. possessor of Cabaret Identification Card #A-37477 is Managing Director. The occupancy of the premises is as follows:

First floor -Bar, and Dining Rooms designated as the "Aloners Room," "Blessed Event Room" and "Cub Room."
Second floor -Large dining room.
Third floor -Lockers for employees.
Fourth floor -Columbia Broadcasting System Studios.
Fifth floor -Storage room for Stork Club.
Sixth floor -Offices of Stork Club.
Seventh floor -Perfume offices.

3- Writer Walter White, Executive Secretary of the National Association for the Advancement of Colored People, 20 West 40th Street, New York, N. Y. was interviewed and stated that on the morning of October 17, 1951, Miss Josephine Baker, Park Sheraton Hotel, 55th Street and Seventh Avenue, Manhattan, and Mrs. Bessie Buchanan, 555 Edgecombe Avenue, Manhattan, visited him and stated that on October 16, 1951, after the evening performance of the stage play "South Pacific" at the Majestic Theatre, 44th Street between Broadway and Eighth Avenue, Manhattan, they, in company with Mr. and Mrs. Roger Rico, RFD #2, Norwalk, Connecticut, after Mrs. Rico had made a table reservation earlier in the afternoon, visited the Stork Club, 3 East 53rd Street; that the party arrived thereat and were escorted to a table in the Cub Room. Mr. and Mrs. Rico and Mrs. Buchanan ordered drinks and were served. Later Miss Baker decided that she would like something to eat and ordered a shrimp cocktail, a steak and a glass of wine. The waiter

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ready and taken to Miss Baker's table where it was served. He further stated that upon being so served, Miss Baker pushed the food aside and she and her party began talking loud and boisterously in a foreign language and demanded their check, whereupon Hansen immediately called Mr. Billingsley, who was then on the seventh floor taking a shower, and informed him of the incident and was instructed by Billingsley to inform the people that he was sorry for the service and would not give them a check. Hansen stated that when he so informed Miss Baker and her party, there was another outburst and that they would not accept the courtesy extended by Billingsley, whereupon Hansen again called Billingsley, informed him of their attitude and was instructed to charge them only for what they had consumed. He further stated that upon returning to their table he found that they had left the premises but had deposited $30.00 in United States Currency on the table.

10- Sherman Billingsley was again interviewed and stated that at no time did Miss Baker or any member of her party present at the time of the incident referred to make any complaint to the management or management personnel during the service of food and drinks or prior to leaving the premises. He further stated that there is a heavy night time attendance of patrons at the Stork Club which in itself would necessarily cause the delay in the service of food.

11- The following named persons who were present in the Stork Club on the night of the incident were interviewed and stated as indicated:

Edward Weiner, 314 West 77th Street, Manhattan, stated he was present with his wife and seated alongside of the table occupied by Miss Baker and her party; that he arrived at approximately 12:30 a.m. and left about 1:30 a.m.; that during the time they were present they did not overhear any conversation on the part of any member of the party with relation to non-service of food for Miss Baker. Mr. Weiner further stated he did overhear the Captain of waiters advise Mr. Rico that there was no filet mignon steak available and suggested another kind of steak to be ordered which they agreed upon.

Mr. Jack O'Brien, 225 East 78th Street, Manhattan, columnist and radio and television editor of the New York Journal American Newspaper, stated he was present with Walter Winchell of the New York Daily Mirror at about 11:45 p.m. October 16, 1951 and seated at the table located at the entrance to the Cub Room proper; that Miss Baker and party arrived at about 12:00 Midnight passing their table. Mr. O'Brien stated that he and Mr. Winchell left the premises at about 12:45 a.m. October 17, 1951, and that during the time of their presence they observed nothing of an unusual nature involving Miss Baker and her party.

Miss Jean Dalrymple, 110 East 55th Street, Manhattan, stated she was present at the Stork Club at about 11:30 p.m. October 16, 1951, and was seated approximately fifteen feed from Miss Baker's table and that they left the premises at about 1:00 a.m. or shortly thereafter; that during their stay she observed no incident of any nature involving Miss Baker or any member of her party nor did she observe any members of

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December 26, 1951

Dear Mr. Wallander;

Deputy Mayor Charles Horowitz has supplied us at Mayor Impellitteri's request a copy of the press release issued by the Mayor's Committee on Unity which quotes what is called the final report of the Mayor's Committee on the so-called Stork Club incident. May we say that the mildest and most charitable comments we can make on the findings of this committee are that they are inexplicable and fantastic. If the Mayor's Committee has any notion that such absolution of the Stork Club is final, may we assure you that the Mayor's Committee on Unity is grossly mistaken.

Because of the caliber of the members of the Mayor's Committee we refrain from attribution of political or any other motives for the about-face of the committee. But we are amazed that the Mayor's Committee on November 23 should submit a report to Mayor Impellitteri deploring the "deep and sinister" implications of the Stork Club incident and several days later recommend that "the Stork Club-Josephine Baker incident be considered closed." Your committee made a grave charge on November 23 which affects the welfare of every citizen of New York. What are the reasons, we ask, for this amazing change? Did Sherman Billingsley reform overnight and succeed in convincing you and your committee that henceforth he will obey the laws of the City and State of New York?

Evidently your committee failed to probe into the Stork Club's longstanding policy of excluding Negroes. Miss Baker's case cannot be considered as an isolated instance of discrimination. It is a part of a traditional pattern. We do not see how your committee could have failed to take into consideration the total picture.

Equally amazing is the fact that a committee composed of the type of citizens listed on the letterhead should join in the recommendations which was made on December 20 which quotes the incredibly defiant and impudent attitude of Mr. Billingsley towards the committee. Seldom in the history of New York has such a contemptuous attitude been demonstrated towards public officials and the preprietator permitted to get away with such contempt. We do not see how any self-respecting person can with honor remain a member of a committee which so abjectly surrenders to pressure and bigotry.

We suggest for the sake of the collective and individual honor of the Mayor's Committee that it pursue the course of action which, apparently, it had in mind when it charged that there were "deep and sinister" implications surrounding the incident. Otherwise, we cannot see any useful purpose to be served by further existence of the committee.

Mr. Arthur Wallander, Chairman
Mayor's Committee on Unity
City Hall
New York, New York

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