Mr. WALDEN. No, it is not my property wholly. Others are interested in it. Senator ERVIN. Is it owned by a corporation? Mr. WALDEN. No, owned by individuals. Senator ERVIN. You certainly have no just complaint as to how you yourself as an individual attorney have fared, do you? Mr. WALDEN. No, I have no personal complaint, although I could relate some harrowing stories that I had in trying to arrive where I am, but I am not complaining about myself. I am concerned about the lot of my people in those areas where they can't help themselves. Senator ERVIN. In any of these cases do you appear as counsel for the NAACP or do you hold an official position? Mr. WALDEN. I have no official position in the NAACP except that I am a member of the national legal committee. That is an honorary committee. Senator ERVIN. Then you have been called into these cases that you have mentioned as a private practitioner? Mr. WALDEN. That is right, and in which I have represented some NAACP cases. I have some now for that matter. Senator ERVIN. I want to commend you for the fact that you have called attention in your statement to conditions which you consider bright spots as well as to conditions which you do not place in that category. Mr. WALDEN. I think it would only be fair to do that. Senator ERVIN. Were you reared in Atlanta or were you reared somewhere else in Georgia? Mr. WALDEN. Fort Valley, in the central part of the State. Senator ERVIN. Of course you point out here the fact, you say that approximately 160,000 colored people are registered in Georgia? Mr. WALDEN. That is right. Senator ERVIN. What do you base those figures on? Mr. WALDEN. I base it on the records of the secretary of state, a copy of which I have here. Senator ERVIN. Do the registration books in Georgia disclose the race of registrants? Mr. WALDEN. They do. They have separate books, separate registration. The law requires it. Senator IRVIN. They don't do that in my State. I just did not know how it was. That is the reason I asked that. Now the truth of it is in Georgia you are like we are in North Carolina. You have a one-party State, don't you? That is, what it is designated as. Mr. WALDEN. Pretty largely so. Of course Mr. Eisenhower has made some inroads in it and we hope he will make some more. Senator ERVIN. He still has not quite got it all converted from democracy as I noted in the last election. Mr. WALDEN. Oh, no. They have still got a long way to go. Senator ERVIN. I believe Georgia and my State were among the few remaining faithful to the Democratic Party in the last election. Mr. WALDEN. I helped them remain faithful, too. Senator ERVIN. So did I. With reference to registrations I am. familiar with the situation in this respect in my own state. There 89777-57-87 are an awful lot of folks white as well as colored that do not care to vote, isn't that true? Mr. WALDEN. That is true. Senator ERVIN. I know in my own State of North Carolina we have approximately 1,750,000 white people who are qualified by age at least to register, and vote, and approximately 30 percent of them vote in an off year and approximately 50 percent or just a little less than 50 percent in a presidential year, and that is a condition I find in my State both among white people and colored people. There are a lot of people who are very indifferent to the right of franchise. Mr. WALDEN. That is true. Senator ERVIN. I presume that is true in Georgia as it is in North Carolina? Mr. WALDEN. That is right. Senator ERVIN. I don't have any further questions. Mr. MITCHELL. Mr. Chairman, the testimony refers to 2 witnesses, 1 from Alabama and another from-well in any event we have an affidavit here from a witness from Alabama, Mr. Boynton. Would you stand, Mr. Boynton? This affidavit shows that a number of persons went to a place of registration and were not permitted to register. He accompanied three of them and can testify of his own knowledge that they were not registered, and I just wanted you to know he is here if you care to ask him any questions about that specific thing. Mr. WALDEN. I wanted to make this affidavit a part of the record and then if the committee sees fit to hear him orally, he is available. Senator ERVIN. You might let me see the affidavit. Let it be included in the record. (The document is as follows:) STATE OF ALABAMA, County of Dallas: Before me, a notary public for said State and county, appeared the undersigned who are citizens of Dallas County and the State of Alabama, say they have appeared before the Dallas County Registration Board located in the court house of Selma, Ala., Dallas County, in 1955 and 1956, many having filled out more than one application, the same being turned over to the proper authority, and have not received their registration certificate entitling them to first class citizenship. (Signed) Cleophus F. Merritt, 1625 Voeglin Avenue; Henry W. Shorman, 1519 Church Street, Selma, Ala.; Lucile R. Terry, 1229 Voeglin Avenue; James R. Green, Rt. 1, Box 188, Sardis, Ala. ; Cleo Carstarplier, 1611 Lawrence; R. K. Lindsey, 819 Minter Ave.; E. C. Page, 1603 Union; Minnie L. Flood, 1401 Tremont Street; Rev. P. L. Anderson, 1607 Union Street; George Smith, 508 First Avenue; Jennie V. Andersan, 1608 Sylvan Street, Selma, Ala.; Rebecca Anderson, Route 1, Box 21, Browns, Ala.; Willie Hunter, Browns, Ala.; Lilliantean Kimbrough, Route 1, Box 21, Browns, Ala.; Fred Smith, Orrville, Ala.; A. T. Carson, Dallas County, Ala.; Ethel Washington, R. F. D. 1, Box 7, Browns, Ala.; Clara B. Smith, R. F. D. 1, Box 140, Orrville, Ala.; Arthur Gardner, Route 1, Box 24 A, Browns, Ala. ; C. A. Maddox, M. D., 1511 Mabry Street, Selma, Ala.; G. D. Maddox, 1511 Mabry Street, Selma, Ala. Sworn to and subscribed before me this 16th day of February 1956. [SEAL] AMELLA P. BOYNTON, Notary Public. My commission expires September 30, 1959. Senator ERVIN. I don't care for you to testify. I will let that affidavit go in the record, unless you want to add something to the affidavit. Mr. S. W. BOYNTON. I have nothing to add. Senator ERVIN. I would not require you to testify to the same things you state in the affidavit. Mr. WALDEN. Mr. Chairman, as I stated there is another witness from Georgia who would corroborate very largely some of the things I have stated. It was Ben Shorter, of Cuthbert, Ga., who was the moving spirit in the suit against the registrars down there, and I would like for at least to let him give a little firsthand testimony. Senator ERVIN. I expect we had better recess until later. I am trying to lose a little weight so it does not make much difference to me whether I get any calories, but some of the folks here may not be in that same fix. It is 1:25 now. We will take a recess until 2: 45. (Whereupon, at 1: 25 p. m., the committee was recessed, to reconvene at 2:45 p. m. of the same day.) AFTERNOON SESSION Present: Senator Ervin (presiding). Also present: Mr. Slayman and Mr. Young of the committee staff. Senator ERVIN. I find that it is probably going to be necessary later for me to recall Reverend Courts, so I request he remain. STATEMENT OF CLARENCE MITCHELL-Resumed Mr. MITCHELL. I would like in that connection, if I may, to call attention for the record to the statement of the Governor of Mississippi on the matter of the Negro voting. If you have no disagreement, Mr. Chairman, I would like to do it now. Senator ERVIN. That will be all right. Mr. MITCHELL. The Governor appeared before the House Judiciary Subcomittee and these are the quotes from his testimony: With reference to the population 22,000 of them, colored were registered to vote in 1954. That must have been based on an investigation I made myself as Attorney General which I did in 1954 to determine that fact. That is from page 314 of House Hearing Record of February 6, 1957. In 1954 we did have 22,000 of them who are registered, but of that 22,000 who are registered only 8,000 of them had paid this poll tax, so that cut it down to 8,000, of course. That is page 315. In the 1955 primary for governor it was said that approximately 7,000 of them voted. That is on page 315. The whole point of this, Mr. Chairman, is that apparently there is in Mississippi a discernible way of telling who is a colored voter and who is not. Senator ERVIN. Had you finished your testimony? STATEMENT OF AUSTIN T. WALDEN-Resumed Mr. WALDEN. I finished my individual testimony but I would like to call a gentleman from Cuthbert, Ga. Senator ERVIN. I think I ought to go with you a little further in that thing. You are one of the wealthy men of Atlanta; aren't you? Mr. WALDEN. No, sir; I just heard that today. Senator ERVIN. You own a good deal of rental property there? Mr. WALDEN. Yes; I own some. Senator ERVIN. What kind-store buildings or dwellings? Mr. WALDEN. Both. Senator ERVIN. Do you know what its tax value is, what your property and land, its value is for tax purposes? Mr. WALDEN. My evaluation or the tax? Senator ERVIN. I am not trying to pry into your business, but I am just trying to show that it is possible by hard work and diligence for a man of your race to prosper in the South. Mr. WALDEN. Well, I didn't Senator ERVIN. I don't want to embarrass you. Mr. WALDEN. I didn't think we were investigating that. Senator ERVIN. No; but a great many things have been said on that subject pro and con since this investigation started. I don't want to have you make a disclosure. Mr. WALDEN. My property is assessed at $125,000. Senator ERVIN. I don't ask it to embarrass you. I ask it for the purpose stated. While I never had the privilege of meeting you before these hearings, I know that you have a reputation of being a very member of the Georgia bar. Mr. WALDEN. Thank you. able Senator ERVIN. Excuse me, I interrupted you. You were talking about another witness. Mr. WALDEN. You may recall in my statement I made reference to the Randolph County situation. We have a leader of that group and while he does not intend to cover the territory that I have covered, there are a few specific matters that I would like to have him testify. Senator ÉRVIN. We will be glad to hear from him. Mr. WALDEN. This is Mr. Ben T. Shorter, of Cuthbert, Ga. He will tell in his own way the points that he wanted to bring out. Senator ERVIN. Suppose you tell me first where Cuthbert is. I am familiar with parts of Georgia, but I don't know what area of Georgia, Cuthbert is in. STATEMENT OF BEN T. SHORTER, CUTHBERT, GA. Mr. SHORTER. Cuthbert is on the southwest side of Georgia. It is 26 miles from the Alabama line. 78 miles north of the Florida line. It is between Columbus and Bainbridge. Halfway between Columbus and Bainbridge. Senator ERVIN. Thank you. Proceed. Mr. SHORTER. I am Ben T. Shorter, the chairman of the Randolph County Voters League of Cuthbert, Ga. We have had a number of voters for a period of years. I have been chairman of that league since 1946. In 1954 we had the usual purging which cut our list from approximately 800 to less than 100. We were not satisfied to lose that many voters in one stroke. So we went seeking for some relief? We attempted to get a local attorney to represent us but that was impossible. The local attorneys said it would simply ruin their reputation to be involved in a case where we had lost our voting rights and they would be representing us, it would cost too much of their usual business. We did succeed in getting an attorney and the price of that ran to $2,000 to employ the attorney. We were able to raise this money by soliciting from our friends in various areas and we promised them that whatever relief we would get we would certainly be glad to pass it around if there were other cases that there could be some relief received from such cases, we would be glad to present it. Therefore my business here is to ask this committee in the interests of the common layman who has been deprived of his rights or might be deprived, since the expense is so high, the cost to us $2,000 in attorney's fee and more than $1,800 in being transported, the number of people that we had to transport from court to court, which made our total cost of approximately $4,000 of costs. We were happy to receive our justice as we felt in this case. The names were put back on the list. We are happy down there and we are getting along together. But it is costing so much for any individual who has been so wronged under the present laws to get his statement into a Federal court that this law needs to be passed that there will be a cheaper way for the ordinary citizen to get relief. Senator ERVIN. I presume that the attorney brought a case in the Federal court? Mr. SHORTER. Yes, sir. Senator ERVIN. Where was that case heard? Mr. SHORTER. It was first heard in Macon, Ga., which is 126 miles from Cuthbert. We had to take a hundred more people to that particular court. Senator ERVIN. Was all of the hearing in Macon? Mr. SHORTER. No, sir. Senator ERVIN. Where was the other hearing? Mr. SHORTER. Columbus, Ga. Senator ERVIN. How far are you from Columbus? Mr. SHORTER. We are 65 miles from Columbus, approximately 65 miles. Senator ERVIN. And 110. Do you remember the name of the Federal judge who tried the case? Was it tried or adjusted? Mr. SHORTER. It was tried by a jury. Senator ERVIN. What judge presided? Senator ERVIN. What year was it? Mr. SHORTER. It started in July 1954 and ended in 1955 in Septem ber. Senator ERVIN. What is the population of Cuthbert? Mr. SHORTER. Approximately 4,000 people. Senator ERVIN. And you were restored, the ones that had been stricken from the registration books were restored? Mr. SHORTER. Yes, sir. Senator ERVIN. And permitted to vote in the last election? |