Suing to desegregate a golf course
Simkins describes his effort to desegregate a Greensboro golf course. Despite incompetent lawyers, he managed to bring the case before the Supreme Court, where it lost on a technicality. This passage illustrates some of the ways whites and blacks struggled over desegregation; particularly dramatic was the arson that destroyed the course's clubhouse and prompted condemnation of the entire property.
Citing this Excerpt
Oral History Interview with George Simkins, April 6, 1997. Interview R-0018. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
- KAREN KRUSE THOMAS:
-
It sounds like you had known Jack Greenberg previous to when you filed
the suit. What was your relationship with him? Were you active in the
NAACP?
- GEORGE SIMKINS:
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I had gotten involved in civil rights on December 7, 1955. The city had
two golf courses. One was Gillespie, and the other was Nocho Park. We
tried to get them to fix up Nocho, and they never would do it, yet they
were slipping out and fixing up Gillespie. Of course, Gillespie was for
whites, and Nocho was for blacks. The city leased Gillespie for a dollar
to a white group, one of whom was chairman of the Greensboro Parks and
Recreation Department, to keep blacks off of it. He set up rules that
you had to be a member, or the invited guest of a member, to play out
there.
- KAREN KRUSE THOMAS:
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So he turned it into a private club, basically.
- GEORGE SIMKINS:
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Basically, but it really wasn't, because any white person
could go out there, pay their money and play. But they told us that it
was a private club.
- KAREN KRUSE THOMAS:
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I'm surprised there was a public golf course for blacks at
all.
- GEORGE SIMKINS:
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There was. We had a little nine-hole course out there. Six of us one
Wednesday afternoon when I was off, we went out there to play. They
arrested us for trespassing. We put our money down. They had the black
policeman to come by that night and take us to jail. My father, who was
a dentist, went our bail. We were found guilty in city court, and we
appealed it to the next level. In the meantime, we went into federal
court and got a declaratory judgment, and the federal judge was Johnson
J. Hayes. He said that anybody who pays taxes and has to go out and
fight for this country ought to be able to enjoy the recreational
facilities provided by the city, and said as far as he was
concerned, the city was still in the saddle, although they
had leased this course. He said this course was to be integrated in
three weeks. In about two weeks time, the clubhouse mysteriously burns
down, the fire marshals come out and condemn the whole course, because
the clubhouse was burned down. We had two lawyers, a man and wife team,
and they had gone into federal court and got the declaratory judgment
for us, where the federal judge gave us a strong declaratory judgment.
But on the trespassing case, they forgot and left the declaratory
judgment out of the record when we appealed it to the state Supreme
Court. The state Supreme Court found us guilty, because the lawyers had
made a mistake. I went up to Thurgood [Marshall, chief legal counsel of
the NAACP], that's how I met Thurgood Marshall and Jack
Greenberg. I went up to New York and asked Thurgood, "We need
you, because I can't fight these lawyers, and the city and
everybody by myself. I need the NAACP to help us." He looked at
the record, and told me, "Your lawyers ought to be the ones to
go to jail." At that time, we'd been given an active
jail sentence. "They have screwed this case up. I'm
not going to mess my record up by taking a case like this, because you
cannot win. You're going to lose it by one vote, Tom Clark is
going to vote against you in the Supreme Court. But I will pay for your
printing costs." We went all the way to the [U.S.] Supreme
Court, and sure enough, we lost by a 5-4 decision. Earl Warren was the
Chief Justice, and he said, "I cannot understand how something
so important could be left off the record. If this was on the record,
there would be no question about whether you all are guilty or
not." Because our lawyers messed up, we lost it by one vote.
- KAREN KRUSE THOMAS:
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So this case went all the way to the Supreme Court of the United States?
- GEORGE SIMKINS:
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Yes, this was our golf case. Warren gave such a strong dissenting
opinion that Luther Hodges, who was governor at the time, commuted our
sentences. We had to pay a fine, and didn't go to jail. But
that's how I had contact with Thurgood Marshall and Jack
Greenberg and the lawyers at the NAACP Legal Defense and Educational
Fund.
- KAREN KRUSE THOMAS:
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I didn't know golfing could be so dangerous!
- GEORGE SIMKINS:
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Everything was dangerous back then. Anything you tried to integrate was.