The Montgomery Advertiser from Montgomery, Alabama • 4

MONDAY, MARCH 2 6, 1 9 56 FOUR A THE MONTGOMERY ADVERTISER PUBLISH IT NOT IN THE STREETS OF ASKELON'-III. Off The Bencli By Judge Walter B. Jone No Blanket Exclusion Of Press Photographers From The Court Room One OF the encouraging, recent things is the ruling made Feb. 27, when the Supreme Court of Colorado, exploded the American Bar Association's 9 5 1 I -s .1.1 I 0 i Mayor Orville Hubbard of Dearborn, Mich, advises The Advertiser: "Our Italians and Poles are so anti-colored" much more so than you in Alabama.9' Stye JMoniQomtx SUitJcrtiscr ruttiuntd (vary wmi Oat THS MONTOOltlRT ADVKRTU3JI Establish. 1828 tnt-ersd at ths Poit OfJlct at MontfoAsrt.

ala a Second CUh Matter Under Aet atf Ooo.rsas at March 3, 187 m. 9. HUDSON CtiairmaM Boar It P. HUOSON. JR Publisher GROVE MALL, laiter-in-Chraf J.

FRED THORNTON Associate Miter Pull Report of ASSOCIATED PRESS The Associated Press It excluilTely entitled to the nee for reproduction 1 of all news dispatches credited to or not otherwise credited tn this paper and also the local news published herein Rl.ht of publication of peclal oUpa tehee reserved. SUBSCRIPTION RATES Morning Advertiser. Afternoon Journal. Sunday Advertiser-Journal by Carrier or by Mall where Carrier Newsstand Service Is maintained aad beyond Zones 1 and 1. I yr.

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ALABAMA JOURNAL-MONTOOMZRY ADVERTISER 1XLEPHONI8 An Departments other than Want Ada 6:00 a.m. to 10:00 pm. Dally 2-1611 Por Want Ads 8:30 a.m. to 6 p.m. except Saturday, until 4 Sunday hours 3 p.m.

to 5 4-4561 Por other departments after 10:30 p.m. to 6:00 a.m. and all day Sunday News Department Circulation 7746 Colored News Bureau (all hatts) 3-2886 Sports Department 4-4 J41 He Saw No Evil Montgomery has had a taste, but happily only a taste, of movie censorship. It didn't work because the would-be censors made saps of themselves, a saving grace of censors everywhere which prevents their getting out of hand. Up In Chicago the other day a federal district judge upheld the constitutionality of a Chicago censorship law.

He also found that the French movie, Game Of Love, is obscene and immoral, thus upholding the city censorship board which had refused permission for the film to be shown in the Windy City. The film's distributors brought suit. When the case came to federal court, Judge Joseph Sam Perry took no chances. The movie, adapted from a novel by deals with the love affairs of a French youth, Phillippe, and two women. The movie opens with a shocker: Phillippe emerges in his birthday suit from the 'sea and walks down the road.

Judge Perry, obviously a family man, passed the buck. Instead of determining for himself the morality or immorality of the movie, he empaneled a special Jury to watch the picture. Eleven of the 12 jurors agreed that nobody but them should see the picture. The judge's ruling on the fact and the law (that the 1st Amendment allows certain limitations on the right of free expression) is not what interests us. The finding of judge and jury was probably justified.

But we are intrigued with the present social status of the 12th juror, the one who saw nothing wrong with the picture. As the only man in Chicago to take a stand for what has been officially labeled obscenity and immorality, he is a marked man, a kind of devil in modern dress. Our advice to this man is that he move to Paris, where he will be a hero. Departed Glory The Hashemlte royal family, to which the kings of Iraq and Jordan belong, has perhaps the longest ancestry of any dynasty in the world. It traces Its descent from the Prophet Mohammed, puts a finger on a weak point it makes no mention of Fords and Chevrolets for the masses, who are getting precious little in the way of a cut.

Arab morale is at low ebb, as the war with Israel demonstrated. This in turn derives In good part from the unequal distribution of wealth and the fact that the tenets of equality, brotherhood and fair-dealing among the faithful which Mohammed taught have largely been lost in the shuffle. So long as their masses are wretched and dispirited, the Arab nations will draw scant profit from tracing dynastic origins back to the 7th Century, and even from the golden shower that has followed the exploitation of vast oil resources. A New Approach To Sabbath Keeping rjHE New York City Council has before it a proposal or rather several proposals which might be worth the consideration of the Alabama legislature, the Montgomery City Commission and our Sabbath-minded preachers. As we have noted before, the day of rest concept runs throughout recorded history.

Virtually every culture and ethnic group has observed a Sabbath of sorts, though there is wide variance as to what day or days this should be. Montgomery is not by itself in troublesome controversy over the enforcement or non-enforcement of the Christian Sabbath. New York is currently having its troubles. A group of 20 orthodox rabbis, among others, want laws enacted which will permit those who close their shops on another day of the week to remain open on Sunday, which is not sacred to them. The council is on record as favoring a State local option law permitting such local laws, but the council is also eager to forget the whole controversy if possible.

Perhaps the Montgomery legislative delegation was wise in permitting the grocer exemption bill, which would simply extend the list of merchants who may stay open on Sundays, to die. The Advertiser endorsed this plan at the time. But it now appears that the New York proposal is broader in principal and would be more democratic In practice: permit each group to observe its own religious holidays. To placate those ministers who insist on legal enforcement of what is primarily a religious observance, the law could have a penalty section similar to Alabama's present blue law. But with this difference: a merchant would be punished for violating the credo of his own religion and not the religion of some other group.

Christians, Jews, Moslems, Buddhists all would be protected from violators among their respective faiths. While The Advertiser favors a complete divorce of church and state, a fundamental principle of this country, we recognize the practical problems of convincing our ministers that this is desirable. Therefore, the revised blue law would not be divorce but what might be described as separate maintenance. The state would furnish the police power for each to keep his own house. Sign Of The Times In Brooklyn the other day, a man who had quaffed several beers was picked up and questioned after he had said "I'm going to walk to Texas." This moved The Dallas Morning News to observe "Things have come to a ridiculous pass when a man can't walk to Texas without being arrested on suspicion even after a few beers." The Texas paper noted with satisfaction that the ambitious Brooklynite was released on promise of good behaviour.

We don't know whether or not he was required to specifically promise not to walk to Texas. This incident is an example of a growing tendency to regard any deviation from familiar practices as dangerous, and a threat to the peace and dignity of the commonwealth. It Is perfectly true that very few people have ever walked from Brooklyn to Texas, or even avowed an Intention of so doing. But there is nothing in the code, the constitution or common law to forbid it. Plenty of people regard a man who walks down town, or most anywhere for that matter, when It Is possible to ride, as eccentric.

Such ones have not as yet been generally subjected to police scrutiny, but it is a safe guess that this is only a question of time, as regimentation proceeds apace. After all, walking to Texas and walking in from the suburbs differ only In degree. The episode Is disturbing evidence of how majority-minded we have become how the stress of the times is making us increasingly suspicious of nonconformity and intolerant of the right to be different even in quite innocuous affairs. In Dearborn, Michigan -Population A Single Negro Is Allowed By Tom Johnson This Advertiser interview (recorded) is, in some degree, in the interest of newspaper economy. Which is to say, think of all the fat expense accounts the Detroit papers could save if, instead of dispatching their reporters to Montgomery for race strife tales, they would keep them in Detroit to cover that with which their backyard reeks.

Why send a man all the way to Montgomery to interviev) Mayor Gayle about segregation when the man could stay in Detroit and interview the Mayor 0 Dearborn? Not only does the Dearborn mayor emit more lusty interviews than Mayor Gayle, but he obviously is a far more successful segregationist than Montgomery's mayor. Anyhow, what follows is another in an Advertiser series to jam home the validity of Our sorrowful contention that wherever in America the Negro migrates in significant numbers, he encounters rejection, candidly in the South, pharisaically in the North. Ed. AM FOR complete segregation, one million per cent, on all levels. I believe in economic equality for Negroes but social equality is a horse of a different color.

If a man works I don't care what color he Is he ought to be paid. But I'm against any of this social dream stuff." The man who uttered these words is no Jim Eastland or Sam Engle-hardt. He does not belong to the White Citizens Council and, couldn't, practicablv, if he wanted to. There is not a chapter' within JOHNSON his home. His views on segregation are intimately known by his constituents; yet they return him to office term after term as mayor.

The reason is simple: Orville Hubbard, the peppery, ball-of-fire mayor, is just what they want in Dearborn, wherein resides not a single known Negro. Repeat: not a single Negro. "They can't get in here." says Hubbard. "We watch it. Everytime we hear of a Negro moving in for instance, we had one last year we respond quicker than you do to a fire.

That's generally known. It's known among our own people and it's known among the Negroes here." Remarkable? More so, when you realize that Dearborn, with a population of 130,000, is the state's fourth largest city. It is the home of Ford's River Rouge plant and heavy industry which employ at least 15,000 Negroes. Dearborn Is jam-smack against Detroit, in Montgomery-Prattville fashion. Approximately 500,000 Negroes live there.

Many of them commute to and from Dearborn to work, and it would be reasonable to assume that a few of them find It convenient to do their shopping in Dearborn. But live there? Not a one. 'Social Dreamtri' QRVII HUBBARD as his constituents call him Is as much responsible for the absence of Negro residents as anyone. He led the fight 10 years ago to keep the U. S.

government from locating a Negro housing project In his city. Recalling that fight, Hubbard says: "We fought it openly. I think at that time the 'separate-but-equal' provision prevailed and I think even then they hadn't knocked out the occupancy by other than the Caucasian race clausel, which we had in all our property deeds up Dearborn's residents were successful in keeping the "social dreamers" from locating the project in or adjacent to the city. Orvie Hubbard's position is so well known that he has had little trouble in recent years, as this excerpt from our recorded telephone conversation shows: Q. Has the NAACP ever called on you? A.

No, we'd chase 'em to hell out of town. Q. When Is the last time any Negroes called on you? A. I think when I was running for circuit judge. A colored fellow brought me a petition.

I gave him a can of beer and two bucks or something. He's from Detroit. Hs wanted to see me. He said he'd heard that I had horns. Editor Praises Mayor Hubbard BEFORE calling Hubbard, we talked with Royce Howes, a prominent editorial writer of the Detroit Free Press, to get set.

Said Editor Howes: "Orvie Hubbard Is a very colorful and dynamic sort of character. In his own right, he's a political eccentric. You may find yourself embroiled in a hell of a fight with him, or you may find Orvie telling you everything there is to know about the subject. One thing I will guarantee you: you will get him on the telephone. Orvie answers all telephone calls personally.

He, apparently, will talk to anybody about anything." As an example of Orvie's eccentricity. Editor Howes said Mayor Hubbard was once restrained, undr a libel judgment, from leaving the county, for a long period of time. During this time, Hubbard had occasion to go to Chicago. Two fully-costumed clowns wearing makeup and sporting the other paraphernalia of circus buffoons boarded the train for Chicago. Says Howes: "The question was, was one, or either, or none, of them Orvie?" Apparently, the people don't mind his eccentricities.

"He is Immensely popular and he runs a good town." said Howes. "The garbage is picked up regularly, the streets are paved, the fire department answers promptly when called, and it's a vastly cleaner town, in street tidiness, than Detroit. Everything about it school system, good everything." "Orvie Hubbard will fight like hell with you and very bitterly over something. But then when you're through Colorado, sure to be followed by the rulings of other courts, gives the trial judges a broad discretion. They can be trusted to prevent abuse of the constitutional right of freedom of the press and can be relied upon to preserve and portray the workings of the court upon the level of justice and dignity.

ii iHW? ll a (A-) Wirepheto Specially Transmitted to Aavtrtiss just as bad. They're blaming tha Puerto Ricans for coming in there. But, you see, you've got these Democrat: mayors. You've got one in Philadelphia. You've got the same thing in New York.

And they're playing it for everything it's worth. "Then you've got these trouole makers, like these fellows who learn a little bit about Blackstone and then go around creating trouble. Then you'v got thtf sympathizers. The sympathizer with the problem is generally the fellow who doesn't have it, like Humphry ISen. Hubert in Minnesota.

He doesn't have any up And then you have a few of these frustrated school teachers. You have that sort of a problem. I don't know, I'm getting old now." 'Don't Push Us Around' WHAT about your schools in Dear- born? A. We don't have any there either. In our Henry Ford College, they do have a few.

Q. But that's a college? A. Yes. So says Orvie Hubbard, who also spoke these lines, which sound as if they're a long way from home: "Like the colored fellow said to me. He said, 'You think the Negro's all right in his I said, 'You're right.

I have nothing against the Negro, but don't push us around. Quit pushing the whites around. We've been pretty good to you. We've nursed you along, we've kept you here since th Civil War, put shoes on your feet. Don't push us Tell It To Old (Branfcma Your name ana address must be givtn on letter But upon request, nam will often be withheld at the Editor's discretion We reserve the right to shorten letters No poetry please Repeat: No letter will be printed unless Editor know who wrote it.

Ah, Wilderness Editor, The Advertiser: I have read with interest your artlcla In the U. S. News World Report. fact I was half-way through the articl before I recognized your style and felt I was back at Debden Englandl again. JOHN T.

GODFREY, Casco Laces, Inc. Freeport, Maine. STA0Vf I- r.j i. i I Capf. Godfrey, of Woonsocfcet, R.I., was one of the great S.

air aces of World War If. Flying with the famous Maj. Don Gentile (noio-dead) from the 4th Fighter group airdrome at Debden, England, God" frey shot down many German aircraft in the classic daylight bombing onslaught that turned the tide. It seemed doubtful to his wartim friends that he would ever be able to get over the great days in a Mustang cockpit. How wrong: he returns to view as a middle-aged corporation president who has gone to reading U.

S. News World Report. Ed. if uanon 30. mis was a rtrilfMilmi.e art.

1 -t visory ruling by I ine association wj lVri the effect that press photographers should not be allowed to take pictures in the court room. one knows just exactly how this I foolish rule was 1 A. Tl aaopiea. 11s pur- the public from i seeing any pictures made in their JONES court rooms and the authors of the canon went so far as to say that the taking of court-room pictures was degrading. The Colorado Supreme Court held a lengthy hearing before one of its members of the question of whether to continue, revoke or modify Canon 35.

After lengthy, public hearings, the court declined to endorse Canon 35 and left the question of whether photographs should be taken in the court room entirely to the discretion of the trial judge presiding. The National Press Photographers Association led the fight against Canon 35. This association deserves high commendation for making this fight. They did it, not only for their association, but for the people as well. Canon 35 entirely overlooks the Federal JBill of Rights' provision that Congress shall not make any law abridging the freedom of press, or of speech and the Fourteenth Amendment, which extends this guarantee against congressional action by any state agencies, and then nearly every state constitution has this provision: "No law shall be passed impairing the freedom of speech; every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty Of course, no freedoms are absolute and this applies to freedom of speech and of the press, and the courts have the right to determine the manner in which they shall operate in order to administer justice with dignity and decorum, and in such manner as shall be conducive to fair and impartial trials and the ascertainment of truth uninfluenced by extraneous matters or distractions.

pHE BIO FALLACY In Canon 35, which declares that the taking of pictures in court will detract from the essential dignity of the proceedings, disturb the witness in giving his testimony, and "degrade the court and create misconceptions with respect thereto in the mind of the public," is It absurdly assumes the fact to be that the use of camera and television instruments must in every case interfere with the administration of justice. Judge O. Otto Moore, a member of the Supreme Court who acted for the court in the hearings on Canon 35, wrote a wise and careful opinion, which was unanimously adopted by the court, declaring that Canon 35 should not be followed. Judge Moore says: "For six days I listened to evidence and witnessed demonstrations which proved conclusively that the assumption of facts as stated in the canon is wholly without support in reality. At least one hundred photographs were taken at various stages of the hearing which were printed and introduced as exhibits.

All of them were taken without the least disturbance or interference with the proceedings, and, with one or two conceptions, without any knowledge on my part that a photograph was being taken. A newsreel camera operated for half an hour without knowledge on my part that the operation was going on. Radio microphones were not discovered by me until my attention was specifically directed to their location." JUDGE MOORE further said, am very sure that many well meaning persons, including some leaders of the bench and bar, are of the firm conviction that some, or all, of the prohibitions contained in Canon 35 should be continued and enforced without variation. I must confess that prior to this hearing I leaned definitely toward that view insofar as television and radio were concerned. I am equally certain that the vast majority of those supporting continuance of Canon 35 have failed, neglected, or refused to expose themselves to the information, evidence, and demonstrations of progress which are available in this field, i am also satisfied that they are unfamiliar with the actual experiences and recommendations of those who have permitted supervised coverage by photographers, radio and television of various stages of court proceedings." Judge Moore makes this observation: "It is highly consistent to complain of the ignorance and apathy of voters and then to 'close the windows of Information through which they might observe and Generally only idle people, pursuing 'idle curiosity' have time to visit court rooms in person.

What harm could result from portraying by photo, film, radio and screen to the business, professional and rural leadership of a community, as well as to the average citizen regularly employed, the true picture of the administration of justice? Has anyone been heard to complain that the employment of photographs, radio and television upon the solemn occasion of the last presidential inauguration or the Coronation of Elizabeth II was to satisfy an 'idle curiosity'? Do we hear complaints that the employment of these modern devices of thought transmission in the pulpits, of our great churches destroys the dignity of the service; that they degrade the pulpit or create misconceptions in the mind of the public? The answers are obvious. That which is carried out with dignity will not become undignified because more people may be permitted to see and hear." HAVE ALWAYS felt that the people have the right to know what goes on in their courts, and free observation and the utmost freedom of discussion cf the proceedings of public tribunals that Is consistent with truth and decency, tends to the public welfare. Judge Moore's opinion Is one of the best I have ever read. He stands firm for the maintenance of constitutional guarantees and for the rights of people to know what their courts are doing. The ruling of the Supreme Court of swn.

mtiyw- 1 -tam'-s. -i with that subject, he'll forget the bitterness. It's never a lasting animosity. 'No Hs, Ands, Or Butt' WITH this picture of Hubbard in vv mind, we called him with some uneasiness. The uneasiness proved to be completely unjustified.

We found Hubbard a friendly firecracker with a ready wit, a sense of humor and a robust willingness to talk. This is where Hubbard stands: "The politicians have made the race question a football. It's hot up here, but we've taken an open stand in our community. Detroit hasn't done it; they're in a hell of a mess. "We're for complete segregation, no ifs, ands, or buts about it.

That is my position and I tell the Negroes the same thing. I say, 'We don't have equality among the whites and you don't have equality among the Negroes. Why stir up something when you're getting along all "I say, 'Where in the history of the world has any man on the face of the earth progressed as fast as you folks have since the American civil As recently as I860, they brought 500 of them out of the Belgian Congo directly to the South. "The politicians are trading out their votes. Our governor up here G.

Men-nen "Soapy" Williams is way over on the thing. He's doing it for votes, right? And civilization is suffering over it." Against Th8 Law, Don't You Understand? "DUT HOW are the Negroes kept out of Dearborn? "We say it's against the law to live here," says Hubbard. "They say 'what They say, 'You know what the Supreme Court I tell them we're talking about, the law of custom, the law of habit." We persisted. Q. But how do you actually do it? A.

It's against the law. Q. Do you mean a city law? A. The unwritten law. Q.

In other words, all the property owners would have to be in agreement with you. A. Well, that's why I'm still mayor, 15 years. 'So Goddam Quick' Q. THEY just wont sell -to Negroes? A.

That's the way you do it. Hubbard, proceeding with my higher education in Northern race strife, said the population of Dearborn has been doubled since 1950 by a large influx of Poles and Italians who were "crowded out of Detroit by the colored people coming in. Those people, he said, "are so anti-colored much more so than you in Alabama, if you took a vote on it." There is no doubt in Hubbard's mind as to the sentiments of the North. "If they ever took a vote on this up North, you'd be shocked at the results," he says. "But, no, people don't like to talk out loud because they don't want to stimulate the thing.

If you ever got a constitutional vote before the people, it would pass so fast so godam quick that a lot of these politicians would take a spin for themselves and leave." Morally Wrong XJUBBARD was born on a farm in Branch County, 53 years ago, but his heart is elsewhere: "I'm a great lover of the South. If they'd only spend a fraction of the billions we poured all over this earth trying to buy friends that you can't buy if they just poured a fraction of that down South to help rehabilitate the ccuntry they gave a commercial raping to, we'd have a mighty prosperous world today. "Now don't misunderstand me: I'm not against a man necessarily because of his color, but I feel bitter about this aggression in trying to force them upon each other. I think it's basically wrong. It's morally wrong to force one race upon the other." 'You'd Be Surprised' "VOUT) be surprised, honestly, at the people up here who are on your side.

In the big citie3 particularly. Now I'll tell you another mess. It's Philadelphia it's a hell of a mess and everybody's mad about it. New York Is who founded the Moslem religion in the 7th Century AJ5. This is symbolic of the state of the Arab world in general, which today Is trying to get by on a reputation established many centuries ago, and on memories of former greatness.

The Arab world is plagued by disunity. for example, has joined tha pro-Western Baghdad Pact, but other Arab nations have. refused to join and are even flirting with the Russians. This disunity in the Arab world is nothing new. When Charlemagne and his legendary paladins headed by Roland were fighting the Arabs in Spain, Charlemagne enjoyed the friendship of, and exchanged gifts with the Caliph, or commander of the Faithful, Harun Al-Rashid, who reigned at Baghdad.

The reason the Spanish Moslems were heretics who did not acknowledge the authority of the Caliph and were in fact his bitter foes. He was glad to see them socked, even if it was done by Christians. Then, as now, Baghdad spoke for only a part of the Moslem world. Several of the Arab states, notably Iraq, Saudi Arabia and Kuwait, have struck it rich In oil, from which they draw revenues that make Aladdin look like a piker. But the new wealth Is going mostly to the kings, emirs, princes and courtiers.

One writer recently referred to Arabia as a land in process of converting "from camel to Cadillac." The statement reflects the nature of the transition, and fr.