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Water Tossing Boulders

Page 21

by Adrienne Berard


  (101) “The small courtroom . . .” “Noted Chinese Question Up in Supreme Court of State on Public School Question,” Daily Clarion Ledger (Jackson, MS), April 8, 1925.

  (101) “The swarm of onlookers . . .” Author’s multiple site visits to restored Mississippi Supreme Court chamber, Jackson.

  (101) “It was only when . . .” Daily Clarion Ledger, April 8, 1925.

  (101) “Unlike most cases . . .” Rice v. Gong Lum 139 MS 760 (Miss. 1925).

  (101) “Of the six men . . .” Skates, A History of the Mississippi Supreme Court, 75, 80, 95.

  (102) “A cold and serious . . .” Subject File, George Ethridge, MDAH, Jackson, MS; George Ethridge, “Educating Democracy,” Series Z1245, Box 5, Folder 21, MDAH, Jackson, MS.

  (102) “Ethridge, like most statesmen . . .” Subject File, George Ethridge.

  (102) “‘The races are doomed . . .’” Ethridge, “Educating Democracy.”

  (102) “The chief justice . . .” Skates, A History of the Mississippi Supreme Court, 70; University of Mississippi yearbook, 1898, Oxford.

  (102) “Sharp began his . . .” Rice v. Gong Lum; physical description of Elmer Clinton Sharp: World War I Draft Registration Cards, 1917–1918, Registration State: Mississippi; Registration County: Prentiss; Roll: 1683980, Ancestry.com; Subject File, Elmer Clinton Sharp, Record 58547, MDAH.

  (104) “Brewer rose . . .” Strite, Biography of Earl LeRoy Brewer; Rice v. Gong Lum.

  (105) “Brewer walked back through . . .” Guided walking tour of fully restored Capitol building in Jackson, MS, July 6, 2015.

  (106) “Four weeks after . . .” Rice v. Gong Lum.

  (106) “He relied almost . . .” Moreau v. Grandich, 114 Miss. 560 75 South 434.

  CHAPTER VII

  (108) “The news came to Martha . . .” Eng et al., 2014; Chan and Gee, 1992.

  (108) “It was early May . . .” Interviews with Fay and Juanita Dong [OH 228], Kit Gong, Bobbie Gore, Joy Gore, Amy Gore and Billie Gore [Unnumbered], Penney Cheung Gong [OH 247], Bobby and Laura Jue [OH 231], Dr. Audrey Sidney [OH 238], Chinese Oral History Collection, Delta State University, Cleveland, MS; author’s multiple site visits to re-created Chinese grocery store, Mississippi Delta Chinese Heritage Museum, Delta State University, Cleveland, MS.

  (108) “Katherine decided . . .” Yee, Poon, and Chan, 2013.

  (108) “They talked about . . .” Ibid.

  (109) “Unable to discern . . .” Ibid.; Lum, c. 1990; Eng and Eng, 2014.

  (109) “Miss Sales didn’t . . .” Lum, c. 1990.

  (109) “The children arrived . . .” Yee, Poon, and Chan, 2013; Sanborn Co. Maps, Rosedale, MS, 1924; Lamar, History of Rosedale, 30.

  (109) “Martha, Berda, and Biscoe . . .” Sanborn Co. Maps, Rosedale, MS, 1918, 1924.

  (110) “Martha picked up her suitcase . . .” Wilkerson, The Warmth of Other Suns, 5; Kornweibel, Railroads in the African American Experience, 299.

  (110) “Once, in third grade . . .” Cable, Madame Delphine; Metcalf, American Literature, 320; textbook from third-grade list of Mississippi textbooks was found in Biennial Report and Recommendations of the State Superintendent of Public Education to the Legislature of Mississippi; 1921–1923, pp. 68–71, Special Collections, McCain Library and Archives, University of Southern Mississippi. Note: Rosedale would have had to comply with these suggestions for its accreditation.

  (110) “With a shudder of steel . . .” Yee, Poon, and Chan, 2013.

  (111) “Biscoe was restless . . .” Yee, 2012; Poon, 2012.

  (111) “It was long past . . .” Records of Illinois Central Railroad Company for 1924, Illinois Central Gulf Railroad Miscellany, Collection Number 5197, Box 5, Folder 1, Kheel Center for Labor-Management Documentation and Archives, Cornell University Library, Ithaca, NY.

  (111) “Overhead, a thirteen-story . . .” Description from photo of Illinois Central Station, 1894, South Loop Historical Society, Chicago.

  (112) “Arriving at the station . . .” Wilkerson, The Warmth of Other Suns, 218.

  (112) “Just three years earlier . . .” Armstrong, “Louis Armstrong,” 17–26.

  (112) “The excitement . . .” Records of Illinois Central Railroad Company for 1924.

  (112) “The train arrived . . .” Santer, A Historical Geography of Jackson, Michigan; Berry, “Railroad History Story.”

  (112) “The roadway was . . .” Jackson, MI, City Directory, 1924, Ancestry. com; US City Directories, 1822–1995, Provo, UT, Ancestry.com; Jackson District Library Historical Image Collection, Jackson District Library, Jackson, MI.

  (113) “At the corner . . .” Gow Lum in Jackson, MI, City Directory, 1924; US City Directories, Provo, UT.

  (113) “The laundry was . . .” Lee, 2014; Chan and Gee, 1992; Yee, Poon, and Chan, 2013.

  (113) “Once Berda began . . .” Chin, “Implementing Government Policy,” 126. Note: The Chin article describes the dress of a mui tsai, which fits exactly with how Katherine is dressed in early photographs with the Wong family. Chin writes, “A mui tsai was easily distinguished from the members of the family owning her. She was usually dressed in cast-off clothes or in a garment of the coarsest material, with a round neck and button-up front, worn over loose trousers, and she was often barefooted. Her hair would either be plaited behind or be cut short like a skull cap.” Yee, Poon, and Chan, 2013; Chan and Gee, 1992.

  (114) “Martha made no effort . . .” Yee, Poon, and Chan, 2013; Chan and Gee, 1992.

  (114) “It followed a current . . .” Wilkerson, The Warmth of Other Suns, 178.

  (114) “‘Oftentimes, just to go away . . .’” Dollard, Caste and Class, 307.

  (115) “One day in early spring . . .” Eng et al., 2014.

  CHAPTER VIII

  (116) “Rain hammered . . .” “Ku Klux Klan Has Lecturer,” Clarksdale (MS) Register, October 24, 1925; “Dr. S. Campbell Speaks on Klan,” Clarksdale Register, October 26, 1925.

  (116) “Pastor Macon Vick . . .” “Rev. Macon C. Vick,” Clarksdale, MS, City Directory, 1927, Ancestry.com; US City Directories, 1822–1995, Provo, UT, Ancestry.com.

  (116) “A chorus of cheers . . .” “Dr. S. Campbell Speaks on Klan.”

  (116) “As applause . . .” Ibid.; Samuel H. Campbell to Thomas E. Watson, September 16, 1922, Thomas E. Watson Papers, #755, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill; US Bureau of the Census, 1880 Federal Census, “Samuel Campbell,” field hand, age twelve, District 538, Clayton, GA; Roll: 140; Family History Film: 1254140; Page: 534B; Enumeration District: 036; description from grave marker for Samuel Campbell, Restland Memorial Park, Dallas; physical description for Samuel Campbell from US Passport Applications, 1795–1925, National Archives and Records Administration (NARA) Series: Passport Applications, January 2, 1906—March 31, 1925; Roll #: 101; Volume #: Roll 0101—Certificates: 19975–20874, 05 Feb 1910–25 Feb 1910, NARA, Washington, DC; “Sam H Campbell,” Texas Death Certificates, 1903–1982, Ancestry. com; Texas, Death Certificates, 1903–1982 [database online]. Provo, UT, USA: Ancestry.com Operations, Inc., 2013.

  (117) “Campbell began his . . .” “Dr. S. Campbell Speaks on Klan.”

  (117) “In a small, dimly lit . . .” Testimony from Jones v. State, 141 Miss. 894, 107 So. 8; Newton, The Ku Klux Klan in Mississippi, 91–95; “Bloodhounds Lead to Arrest of Negroes,” Clarksdale (MS) Register, October 17, 1925.

  (118) “‘They called the neighbors . . .’” Oshinsky, Worse Than Slavery, 103; Street, Look Away!, 11–38.

  (118) “The Clarksdale men . . .” Newton, The Ku Klux Klan in Mississippi, 91–95.

  (118) “Throughout the course . . .” “Based on Third Degree, State Charges Torture,” Memphis Commercial Appeal, January 1, 1926; Fisher v. State, 145 Miss. 116, 110 So. 361; Fisher v. State, 150 Miss. 206, 116 So. 746.

  (119) “After a week . . .” Newton, The Ku Klux Klan in Mississippi, 91–95.

  (119) “When it came time . . .” Ibid.; “Women Condemn Mob Violen
ce at Meeting,” Clarksdale (MS) Register, December 22, 1925.

  (119) “Earl Brewer was not present . . .” “G. O. Cane Goes on Trial for Life Today,” Clarksdale Register, January 7, 1926. Note: Cited is a second coroner’s report, completed by Greek Rice Jr., which became the official report in the case. The town’s elected coroner would not perform the duty, so the young lawyer provided the report and testified in court in its defense.

  (120) “The telephone . . .” “Convicted Slayers Removed from Jail,” Galveston (TX) Daily News, December 21, 1925; “Lynching Freed Man Is Before Grand Jury,” Washington Post, December 22, 1925; “Take Action Following Lynching of Negro,” Pantagraph, Bloomington, IL, December 22, 1925; description of Brewer family home from Brewer Collection, Carnegie Public Library, Clarksdale, MS.

  (120) “Brewer had never seen . . .” Quote from clipping in Earl Brewer collection, Mississippi Collection, Carnegie Public Library, Clarksdale, MS.

  (120) “On the Tuesday . . .” “Women Condemn Mob Violence at Meeting,” Clarksdale Register December 22, 1925.

  (121) “The day following the lynching . . .” “Another Victory for State,” Memphis Commercial Appeal, January 2, 1926; “Based on Third Degree,” Memphis Commercial Appeal, January 1, 1926.

  (121) “As Mrs. Brewer was . . .” “Women Condemn Mob Violence at Meeting,” Clarksdale Register, December 22, 1925.

  (122) “The next day, Brewer . . .” “Gov. Whitefield Says Preliminary Hearing Should Come Before Bond Release,” Clarksdale Register, December 23, 1925.

  (122) “Brewer jumped . . .” Ibid.

  (122) “On Christmas Eve . . .” Clarksdale Register: “Four Indictments Returned by Grand Jury,” December 24, 1925; “G. O. Cane Goes on Trial for Life Today,” January 7, 1926; “Witnesses for Defense Impeach Testimony of Glass, Recused Sheriff,” January 8, 1926; “Cain [sic] Case Is Now in Hands of the Jury,” January 12, 1926. Note: The entire prosecution was made up of J. T. Smith, district attorney; C. S. Longino, court attorney; and Earl Brewer and Fred Montgomery as special prosecutors, but it was Brewer who wrote all the arguments and did the bulk of the questioning.

  (122) “James Flowers sat . . .” Subject File: James Flowers, MDAH, Jackson, MS; Obituary, Clarion Ledger, Jackson, MS, May 8, 1952.

  (123) “Flowers was now. . . .” Flowers, Mississippi and the Mob, 21.

  (123) “For a man who did not . . .” Subject File: James Flowers.

  (123) “‘These figures patiently . . .’” Flowers, Mississippi and the Mob, 11–12.

  (123) “Jokingly nicknamed General . . .” Subject File: James Flowers; J. T. Brown tribute to J. N. Flowers, March 1, 1965, at the unveiling of a portrait of Flowers at the circuit courthouse in Jackson, MS.

  (124) “So it came as both . . .” Transcript of Record with Supporting Pleadings, Gong Lum v. Rice, US Supreme Court, 275 US 78, The Making of Modern Law.

  (124) “Court convened at 9:30 . . .” Clarksdale Register. “G. O. Cane Goes on Trial for Life Today,” January 7, 1926, and “Sidelights on Courtroom Scene,” January 9, 1926.

  (124) “Rumor was that . . .” “Cane Seized Negro, Sheriff Testifies,” Memphis Commercial Appeal, January 8, 1926.

  (124) “Glass collected his nerves . . .” Ibid.

  (125) “Five days later . . .” “Cain Case Is Now in Hands of the Jury,” Clarksdale Register, January 12, 1926.

  (125) “‘I am before you . . . ’” Ibid.

  (125) “Brewer’s wife . . .” Ibid.

  (125) “‘Some folks enjoy . . .‘” Ibid.

  (126) “Following the death . . .” Williford and Strite, “Unfinished Manuscript for Biography of Earl Brewer”; Speech of Gov. Earl Brewer to the Striking Students of the A&M College, 1912, Tucker Printing House, Jackson, MS, 1912.

  (127) “As Brewer came to the end . . .” “Cain Case Is Now in Hands of the Jury,” Clarksdale Register, January 12, 1926.

  (127) “‘Coahoma County is being . . . ’” Ibid. Note: Brewer’s closing argument was also reported in the black press, but it was changed slightly: “Mob law must be overridden. . . . I come as a representative of the people of Coahoma [C]ounty to discuss the tragedy that has slapped our civilization in the face. . . . We have assumed the responsibility of carrying the burden of government for the prisoner and we must do it honestly and conscientiously. . . . If this continues, it means anarchy.” “Lynchers Acquitted of Crime,” Baltimore Afro-American, January 23, 1926.

  (127) “Judge Alcorn called . . .” “Cain Case Is Now in Hands of the Jury,” Clarksdale Register, January 12, 1926; “Defense has Good Day in Clarksdale Trial,” Memphis Commercial Appeal, January 10, 1926.

  (127) “When it was announced . . .” Clarksdale Register: “G. O. Cane Goes on Trial for Life Today,” January 7, 1926; “Witnesses for Defense Impeach Testimony of Glass, Recused Sheriff,” January 8, 1926; “Cain’s Fate Is Hanging Upon Glass Testimony,” January 9, 1926; “Spectators at Court Ordered Searched,” January 11, 1926; “Cain Case Is Now in Hands of the Jury,” January 12, 1926; “G. O. Cain ‘Not Guilty’ So Say Jurymen,” January 13, 1926.

  (127) “Immediately following . . .” Jones v. State, 141 Miss. 894, 107 So. 8.

  (127) “For more than a decade . . .” Cortner, A “Scottsboro” Case.

  (128) “Legal scholars later noted . . .” Ibid., 75.

  CHAPTER IX

  (129) “James Flowers stared . . .” Full correspondence for Gong Lum v. Rice, Record Group 267, Records of the United States Supreme Court, Case File #31534, Gong Lum v. Rice, Box 7896, Location in Stacks: 17E3/06/08/01, National Archives and Records Administration, Washington, DC.

  (129) “Immediately upon graduating . . .” MDAH Subject File: James Flowers; tribute to J. N. Flowers; Obituary, Clarion Ledger, Jackson, MS, May 8, 1952.

  (129) “Flowers’s greatest obstacle . . .” Westlaw database search, cases of “J. N. Flowers,” http://campus.westlaw.com; Gong Lum v. Rice Brief, 1927.

  (130) “In writing the decision . . .” Gong Lum v. Rice 275 US 78.

  (130) “‘Of course it is . . .’” Gong Lum v. Rice Brief.

  (132) “As Flowers typed those . . .” Full correspondence for Gong Lum v. Rice.

  (132) “For a successful man . . .” Roth, “The Many Lives of Louis Brandeis”; Architect of the Capitol, “History of the Supreme Court”; “Louis D. Brandeis,” Oyez, Chicago-Kent College of Law, Illinois Institute of Technology, https://www.oyez.org/justices/louis_d_brandeis, accessed January 13, 2015.

  (132) “Brandeis had served . . .” “Louis D. Brandeis”; Architect of the Capitol, “History of the Supreme Court.”

  (132) “The son of Jewish immigrants . . .” Strum, Louis D. Brandeis.

  (133) “After more than a decade . . .” Brandeis, in private conversation with Felix Frankfurter, November 30, 1922, quoted in Urofsky, “The Brandeis-Frankfurter Conversations,” 310–11.

  (133) “Brandeis hated the Fourteenth . . .” Strum, Louis D. Brandeis, 334; Brandeis in private conversation with Felix Frankfurter, July 9, 1922, quoted in Urofsky, “The Brandeis-Frankfurter Conversations,” 308; Bracey, “Louis Brandeis and the Race Question”; Bernstein, “From Progressivism to Modern Liberalism.”

  (134) “The case of Gong Lum . . .” Ng Fung Ho v. White 259 US 276.

  (134) “In the brief for Gong . . .” Gong Lum v. Rice Brief, 1927; Transcript of Record with Supporting Pleadings, Gong Lum v. Rice, U.S. Supreme Court, 275 US 78, The Making of Modern Law.

  (134) “With an effective lawyer . . .” Louis Brandeis to Felix Frankfurter, September 26, 1927, in Urofsky and Levy, Letters of Louis D. Brandeis, 303–4.

  (134) “The news came in a telegram . . .” March 7, 1927, in full correspondence for Gong Lum v. Rice.

  (135) “It had been less than . . .” Ibid.

  (135) “A few days later . . .” Telegram from Earl Brewer and J. N. Flowers, March 11, 1927, in ibid.

  (135) “Flowers now risked . . .” Telegram, March 12, 1927, in ibid.
r />   (135) “‘If stipulation . . .’” Ibid.

  (136) “On October 5 . . .” J.K. Young to US Supreme Court, October 5, 1927, in full correspondence for Gong Lum v. Rice.

  (136) “The day before . . .” Telegram to the US Supreme Court, October 10, 1927, in full correspondence for Gong Lum v. Rice.

  (137) “On November 21 . . .” Gong Lum v. Rice.

  (138) “‘Gong Lum is an ugly . . .’” Greene, “The Anticanon.”

  (138) “On the morning . . .” “Supreme Court Upholds Segregation in Schools,” Washington Post, November 22, 1927.

  (138) “It would be four days . . .” “High Court Upholds Barring of Chinese,” Bolivar County Democrat, Rosedale, MS, November 26, 1927; “Supreme Court Upholds Segregation in Schools,” Washington Post, November 22, 1927; “School Race Segregation Valid,” Baltimore Sun, November 22, 1927; “Upholds Segregation of Chinese in Schools,” New York Times, November 22, 1927; “Supreme Court Upholds Jim Crow Schools,” Philadelphia Tribune, November 24, 1927.

  (138) “Just two days after . . .” “Race Segregation,” Los Angeles Times, November 23, 1927.

  (139) “‘Why can [Americans] not . . .’” “Running True to Form,” Pittsburgh Courier, December 10, 1927.

  (139) “‘It is the opinion of . . .’” “Some Pertinent Facts, Contradictions Mississippi,” Chicago Defender, November 26, 1927.

  CHAPTER X

  (140) “Jeu Gong Lum loaded . . .” Lum, c. 1990.

  (140) “It was barely dawn . . .” Ibid.

  (140) “The town was nothing more . . .” Ibid.; Liao, “A Case Study of a Chinese Immigrant Community,” 45.

  (140) “The riches of Rosedale . . .” Chan and Gee, 1992; Yee, Poon, and Chan, 2013; Eng and Eng, 2014.

  (141) “When the judgment came . . .” Chan and Gee, 1992.

  (141) “Some parents made a greater . . .” Dancie Wong to Ting Kong, February 24, 1938, published in Wong and Lee, Journey Stories, 120–23.

  (141) “For a period of twenty . . .” Wong and Lee, Journey Stories, xii.

 

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