Civil Rights in America, a New but Old Debate. Meet My Grandfather, Julius W. Robertson, Esq.

Attorney Julius w. Robertson (Top Left) with clients and Attorney Dovey Jonhnson-Roundtree (Bottom Right) © Annette McGee (May not be used without permission)

Attorney Julius w. Robertson (Top Left) with clients and Attorney Dovey Jonhnson-Roundtree (Bottom Right) © Annette McGee (May not be used without permission)

WASHINGTON, DC -Julius Winfield Robertson (1916 – 1961) was known as a brilliant litigator, distinguished civil rights activist, author, much sought after speaker, and well-respected member of the legal community in good standing. He was also the lead attorney on the 1955 precedent-setting case Sarah Keys v. Carolina Coach Company.

Born of humble beginnings in rural Georgia, to a family of subsistence farmers, they subsequently moved to Tennessee for better opportunities. In his early 20s, he moved to Washington, DC, to escape the harsh realities of a black man living in the Deep South. While attending Howard University in 1944, Robertson wrote about racism in America in his book titled 'This Bird Must Fly," It formed the basis of his studies and his subsequent pursuit to remedy the inequitable treatment of African-Americans in a system dominated by segregation and Jim Crow Laws.

In 1948, Robertson graduated at the top of his class from Howard University with combined degrees (B.A. and LL.B.), and today because of his academic standing, he would have received the Order of the Coif.  The admissions committee at Harvard University Law School, having observed Robertson’s career, offered him a full scholarship to pursue his LL.M., but he was unable to accept the offer because of his young family.

He and classmate James Madison Nabrit, Jr. joined the ranks of renowned civil rights lawyers such as the former U.S. Supreme Court Justice Thurgood Marshall with whom they worked closely in his early years. Robertson, Nabrit, Jr., along with Attorney George E.C. Hayes, were deeply involved in the movement to dismantle segregation through the courts.

Robertson was admitted to the bar in the District of Columbia, District of Columbia Court of Appeals, U.S. District Court of the District of Columbia, U.S. Court of Appeals of the District of Columbia, U.S. Court of Claims, and the United States Supreme Court. He worked as a sole-proprietor until he established the law firm Robertson & Roundtree in 1952 as the senior and managing partner. Robertson hired Attorney Dovey J. Roundtree, upon her graduation from Howard University, and was credited by Roundtree as being her mentor.

He was sponsored to argue cases before the U.S. Supreme Court for the first time in 1952, then in 1954, 1955, 1959, and 1960 shortly before his untimely death. He was a member in good standing of the American Bar Association—one of its first ‘official’ Black members, the National Bar Association, and the District of Columbia Bar Association.

Robertson was recognized as a gifted intellectual with a broad range of knowledge of national and international geopolitics. As a constituent of Senator Estes Kefauver (D-Tenn.), Robertson, had many appointments with him to discuss critical Civil Rights issues. During these meetings, Kefauver discovered that Robertson spoke, wrote, and read fluent German. He then asked if Robertson would be willing to research and gain background information for a bill he was sponsoring.

Robertson reviewed the evidence presented during the Nuremberg War Crimes Tribunal, particularly regarding “Permissible Medical Experiments,” the standards used to judge the German doctors on trial at the time. These became codified as the Nuremberg Code, which was used in part to establish “the requirements that all research participants be fully informed about potential risks or harm that may result from taking part in a study and that, based on this information, they voluntarily agree to participate.” 

Using this standard, Sen. Kefauver and Rep. Oren Harris (D-Ark.) sponsored a bill that “established a framework that required drug manufacturers to prove scientifically that a medication was not only safe but effective.” This legislation became known as the Kefauver-Harris Amendment; it was signed into law by President Kennedy on Oct. 10, 1962.

According to written reports and my mother's anecdotal stories, my grandfather was a brilliant litigator, distinguished civil rights activist and author, much sought after speaker, and well-respected member of the legal community in good standing.

It also seems at that time; my grandfather also enjoyed some press for his part in identifying and taking down a con-artist impersonator.

·     In 1944 my grandfather, Attorney Robertson, wrote about Race Relations in This Bird Must Fly.

·     JET Magazine, December 2, 1954, featured an article about this landmark case titled, ICC To Outlaw Jim Crow In Interstate Travel.

·     In 1955 Attorney Robertson argued a Civil Rights cases on behalf of the plaintiff Sarah Keys v. Carolina Coach Company

·     JET Magazine, November 23, 1961, pg. 50Smooth Talker Tangles With.

·     JET Magazine, July 13, 1961, pg. 23, His Obituary

Not only did Robertson pursue desegregation in the courts, his then-teenage daughter, Annette M. (Robertson) McGee, was in the 2nd ‘handpicked’ class to integrate the then ‘elite’ all-white college prep Theodore Roosevelt High School in Washington, D.C. Her selection was based upon academic acumen, outstanding grades, being from a professional and well-educated family, and possessing a clear understanding of the importance of their role in the Civil Rights movement in education.

 His Civil Rights movement legacy persists through his surviving children Annette M. (Robertson) McGee and her sister, Mrs. Dale (Robertson), and their children, who are lawyers and human rights activists.

CIVIL RIGHTS CASE BACKGROUND: MIDNIGHT IN THE JIM CROW SOUTH

The Keys case originated in an incident that occurred at a bus station in the tiny North Carolina town of Roanoke Rapids shortly after midnight on August 1, 1952, when African-American WAC private Sarah Keys was forced by a local bus driver to yield her seat in the front of the vehicle to a white Marine as she traveled homeward on furlough. At the time of the incident, Jim Crow laws entirely governed Southern bus travel, despite a 1946 Supreme Court ruling meant to put an end to the practice.

That decision, Morgan v. Virginia (328 US 373 (1946)), had declared state Jim Crow laws inoperative on interstate buses on the basis that the imposition of widely varying statutes on black passengers moving across state lines generated multiple seat changes and thus created the kind of disorder and inconsistency forbidden by the commerce clause of the U.S. Constitution.

Southern carriers managed to dodge the Morgan decision, however, bypassing segregation rules of their own, and those rules remained outside the purview of state and federal courts because they pertained to private businesses. Also, the federal agency charged with regulating the carriers, the Interstate Commerce Commission, had historically interpreted the Interstate Commerce Act's discrimination ban as permitting separate accommodations for the races so long as they were equal.

The ICC had ruled so consistently against black complainants since its establishment in 1887 that it had become known as "the Supreme Court of the Confederacy." The ICC's 'separate but equal' policy, upheld by the Supreme Court of the United States in a 1950 railway dining car segregation case known as Henderson v. United States (399 US 816 (1950)), thus remained the norm in public transportation.

So hardened was the practice of Jim Crow in Southern travel when Sarah Keys made her journey in 1952 that even black travelers who had started their journey in the North on integrated trains or buses were, with few exceptions, forced to comply with Jim Crow carrier regulations once they crossed into the South.

When Sarah Keys departed her WAC post in Fort Dix, New Jersey on the evening of July 31, 1952 for her home in the town of Washington, North Carolina, she boarded an integrated bus and transferred without incident in Washington, D.C. to a Carolina Trailways vehicle, taking the fifth seat from the front in the white section.

When the bus pulled into the town of Roanoke Rapids, North Carolina, however, a new driver took the wheel and demanded that she comply with the carrier's Jim Crow regulation by moving to the so-called "colored section" in the back of the bus so that a white Marine could occupy her seat. When Keys refused to move, the driver emptied the bus, directed the other passengers to another vehicle, and barred Keys from boarding it.

An altercation ensued, and Keys was arrested, charged with disorderly conduct, jailed incommunicado overnight, then convicted of the disorderly conduct charge and fined $25.

A THREE-YEAR BATTLE FOR JUSTICE

When that charge was sustained on appeal by a North Carolina lower court, Keys and her father brought the matter to the attention of the National Association for the Advancement of Colored People (NAACP) office in Washington, D.C., headed by Howard University Law School professor Frank D. Reeves.

With Thurgood Marshall, Reeves had run the Legal Defense Fund's New York City office in the early 1940s, and he was working with Marshall and his team in the early 1950s on the legal drive to end school segregation that would culminate in the groundbreaking 1954 Brown v. Board decision.

Reeves referred the Sarah Keys matter to his former law student, Julius W. Robertson, and his junior partner, Dovey Johnson Roundtree, a World War II WAC who had herself been subjected to Jim Crow during her military travels. The match of client and attorneys proved fortuitous.

Sarah Keys v. Carolina Coach Company, 64 MCC 769 (1955) is a landmark civil rights case in the United States in which the segregationist Interstate Commerce Commission, in response to a complaint filed in 1953 by a Women's Army Corps (WAC) private named Sarah Louise Keys, broke with its past racist practice and banned the segregation of black passengers in buses traveling across state lines.

The November 1955 ruling, publicly announced six days before Rosa Parks' historic defiance of state Jim Crow laws on Montgomery buses, applied the United States Supreme Court's logic in Brown v. Board of Education (347 US 483 (1954)) for the the first time to the field of interstate transportation, and closed the legal loophole that private bus companies had long exploited to impose their own Jim Crow regulations on black interstate travelers.

Keys v. Carolina Coach was the only explicit rejection ever made by either a court or a federal administrative body of the Plessy v. Ferguson (163 US 537 (1896)) 'separate but equal' doctrine in the field of bus travel across state lines, and the ruling made legal history both at the time of its issuance and again in 1961, when Attorney General Robert F. Kennedy invoked it in his successful battle to end Jim Crow travel during the Freedom Riders' campaign.

Attorney Robertson argued the case on the eve of the explosion of civil rights protest across America, and Keys v. Carolina Coach Company, along with its companion train desegregation case, NAACP v. St. Louis-San Francisco Railway Company, 298 ICC 335 (1955), represents a crucial milestone in the legal battle for racial justice in the United States.

Source: My mother, Annette M. (Robertson) McGee, and her sister, Mrs. Dale (Robertson) Ore, are the only surviving relatives of Attorney Julius Winfield Robertson and are available to verify and corroborate the information I have presented here. 

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Flags Half-Staff for Charleston South Carolina Church Massacre, All Except the Confederate

kkk robe henry ford museum and greenfield village, photo by dan gaken

kkk robe henry ford museum and greenfield village, photo by dan gaken

CHARLESTON, South Carolina - On 10 July 2015 during a historic ceremony, the Confederate flag which had flown full mast at the the South Carolina Statehouse for 50 years despite numerous efforts to have it removed. It was a symbol of defiance from a sect of people who protested against the Civil Rights movement and integration of all public facilities, including schools and transportation.

It was because of the heinous act of violence perpetrated by Dylann Roof, 21, that the groundswell of pressure from local, state, and national entities forced the government to respond. "Governor Nikki Haley signed a bill Thursday, 9 July 2015 to relegate the Confederate flag to the state's "relic room."

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19 June 2015 - Dylann Roof, 21, has been identified as the assailant who allegedly sat and prayed during a fellowship meeting Wednesday night at a historic African-American church in Charleston, South Carolina. Survivors recount how Roof with malice aforethought shot and killed nine people inside the historic Emanuel African Methodist Episcopal Church, near the heart of Charleston's tourist district. Eight died at the scene; a ninth died at a hospital.

According to CNN and other news outlets, six women and three men were killed, including the church's politically active pastor, State Senator Clementa Pinckney, a black Democratic lawmaker. The lone survivor who pretended to be dead, confided in her friend afterwards, that Roof shouted long espoused racists rhetoric along the lines of black men raping white women and taking over the country presumably in reference to the first African-American President Barak Obama.

A law enforcement official said witnesses told authorities the gunman stood up and said he was there "to shoot black people” and subsequent investigations into Roof’s background revealed that he possessed racists memorabilia, and expressed Confederate sympathies, though it is not clear that he officially belong to any white supremacists groups.

For the family and friends of the nine people Roof murdered in a racist and premeditated act of violence, the trauma is just beginning and our hearts and prayers go out to them. There are many different national news outlets discussing, analyzing, and updating American citizens on the latest developments in the case. But, a less discussed, but equally important aspect of this case is the climate of racism in the heart of South Carolina’s government as demonstrated in its choice to continue to fly the Confederate Flag above the South Carolina State House.

According to Schuyler Kropf, “Officials said the reason why the flag has not been touched is that its status is outlined, by law, as being under the protected purview of the full S.C. Legislature, which controls if and when it comes down.

State law reads, in part, the state “shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.”

The protection was added by supporters of the flag to keep it on display as an officially recognized memorial to South Carolinians who fought in the Civil War. Opponents say it defends a system that supported slavery and represents hate groups.” (Source: Post and Courier)

What many people don’t understand, and almost certainly those unfamiliar with the history of slavery in America, is the magnitude of racism and oppression that this flag represents. It connotes the same venomous hatred and violence towards blacks as the white robe and hood of the KKK. It is the heart and soul and standard-bearer to those who proudly proclaim that “the South will rise again!” A “South” where blacks were kept in their place, preferably enslaved or at least subjugated, where enforcement of Jim Crow statues were meted out by members of a number of white supremacists groups, most notably the Klu Klux Klan (KKK).

At a time when South Carolinians are shocked and appalled at the calculated massacre perpetrated in the name of white power, one would think that the State House would have the decency to remove or at least lower the Confederate Flag to half-staff as were the U.S. and S.C. flags. Nationally, states and the federal government lowered the flag to express solidarity with the victims and sadness at the horror. But, the most recognizable emblem of the Confederacy, KKK, white supremacists and their politics, towered proudly above even the U.S. flag, the flag of the American nation.

This obvious display was a not so subtle assertion that the racially motivated massacres were unimportant and not worthy of acknowledgment. That in fact, State Senator Pinckney’s life was of no value, that all attempts to remove this racist symbol will continue to fail, and that Confederate sympathizers and white supremacists have a chance to return to the halcyon days of old. An obstinately proud symbol of the time when the Confederacy legislated that blacks deserved no honor, no justice, and no acknowledgement.

It is unfathomable that this emblem of racism cannot be removed or lowered without a legislative vote. This is the time when black and white South Carolinians should stand up not only for justice for the victims, but should also demand the removal of this symbol of oppression and domestic terrorism which is displayed in their name. To remain silent is tantamount to tacit approval, and ‘The only thing necessary for the triumph of evil is for good men to do nothing.” ~ Edmund Burke

 

Editor-in-Chief: @AyannaNahmias
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