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                    <hi rend="bold">Oral History Interview with Barry Nakell, October 1, 2003.
                        Interview U-0012. Southern Oral History Program Collection (#4007):</hi>
                    Electronic Edition. </title>
                <title type="descriptive">Legal Defense of Native American Rights in Robeson County,
                    North Carolina</title>
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                    <name id="nb" reg="Nakell, Barry" type="interviewee">Nakell, Barry</name>,
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                <funder>Funding from the Institute of Museum and Library Services supported the
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                    <name id="mm">Mike Millner</name>
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                        <title type="sound recording">Oral History Interview with Barry Nakell,
                            October 1, 2003. Interview U-0012. Southern Oral History Program
                            Collection (#4007)</title>
                        <title type="series">Series U. The Long Civil Rights Movement: The South
                            Since the 1960s. Southern Oral History Program Collection (U-0012)</title>
                        <author>Malinda Maynor</author>
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                        <publisher>Southern Historical Collection, University of North Carolina at
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                        <date>1 October 2003</date>
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                        <title type="transcript">Oral History Interview with Barry Nakell, October
                            1, 2003. Interview U-0012. Southern Oral History Program Collection
                            (#4007)</title>
                        <title type="series">Series U. The Long Civil Rights Movement: The South
                            Since the 1960s. Southern Oral History Program Collection (U-0012)</title>
                        <author>Barry Nakell</author>
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                        <publisher>Southern Historical Collection, University of North Carolina at
                            Chapel Hill</publisher>
                        <pubPlace>Chapel Hill, North Carolina</pubPlace>
                        <date>1 October 2003</date>
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                        <note anchored="no">Interview conducted on October 1, 2003, by Malinda
                            Maynor; recorded in [unknown]</note>
                        <note anchored="no"> Transcribed by L. Altizer.</note>
                        <note anchored="no"> Forms part of: Southern Oral History Program Collection
                            (#4007): Series U. The Long Civil Rights Movement: The South Since the
                            1960s, Manuscripts Department, University of North Carolina at Chapel
                            Hill.</note>
                        <note anchored="no">Original transcript on deposit at the Southern
                            Historical Collection, The Wilson Library, University of North Carolina
                            at Chapel Hill.</note>
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        <front>
            <div1 type="about_interview">
                <head>Interview with Barry Nakell, October 1, 2003. Interview U-0012.</head>
                <byline>Conducted by Malinda Maynor</byline>
                <note type="deposit" anchored="no">
                    <p>Transcript on deposit at The Southern Historical Collection, The Louis Round
                        Wilson Library</p>
                </note>
                <note type="citation" anchored="no">
                    <p>Citation of this interview should be as follows: <lb/>“Interview U-0012, in
                        the Southern Oral History Program Collection #4007, <lb/>Southern Historical
                        Collection, The Wilson Library, <lb/>University of North Carolina at Chapel
                        Hill”</p>
                </note>
                <note type="copyright" anchored="no">Copyright © 2006 The University of North
                    Carolina</note>
            </div1>
            <div1 type="abstract">
                <head>Abstract</head>
                <p>This interview offers a look at efforts by the economically and politically
                    disenfranchised Lumbee Native Americans to assert themselves in Robeson County
                    and, to some extent, white North Carolinians' efforts to sabotage those efforts.
                    Barry Nakell, a professor of law at the University of North Carolina at Chapel
                    Hill, remembers traveling to Robeson County in the mid-1970s to help the
                    Lumbees—and a splinter group, the Tuscarora—save a historic building and strike
                    down so-called double voting. Double voting allowed city residents in Robeson
                    County to vote for both city and county school board, giving city elites unusual
                    control over county schools, where most Native American children studied. Nakell
                    succeeded in defeating the system before a United States Circuit Court. He
                    believes that once Native Americans took more control over their education
                    system, their most prominent citizens were freed to agitate for more rights and
                    protections. Nakell's intervention sparked an interest in legal solutions to
                    civil rights issues, and a steady stream of Lumbee Native Americans began
                    earning degrees at the UNC School of Law so they could return home and advocate
                    for other Native Americans.</p>
            </div1>
            <div1 type="short_abstract">
                <head>Short Abstract</head>
                <p>A lawyer argues for Native American civil rights in Robeson County, North
                    Carolina.</p>
            </div1>
        </front>
        <body>
            <div1 id="U-0012" type="sohp_interview">
                <head>Interview with Barry Nakell, October 1, 2003. <lb/>Interview U-0012. Southern
                    Oral History Program Collection (#4007)</head>
                <list type="simple">
                    <head>Interview Participants</head>
                    <item>
                        <name id="spk1" key="bn" reg="Nakell, Barry" type="interviewee">BARRY
                        NAKELL</name>, interviewee</item>
                    <item>
                        <name id="spk2" key="mm2" reg="Maynor, Malinda" type="interviewer">MALINDA
                            MAYNOR</name>, interviewer</item>
                </list>
                <div2 id="tape1-a" n="1-A" type="tape_side">
                    <pb id="p1" n="1"/>
                    <head>[TAPE 1, SIDE A]</head>
                    <note anchored="yes">
                        <p>[START OF TAPE 1, SIDE A]</p>
                    </note>
                    <milestone n="755" unit="excerpt" type="start" timestamp="00:00:00"/>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> In response to your first direction and then you can remind me of the
                            others. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I became a member of the faculty of the UNC law school in the spring of
                            1970. Sometime in 1973 I got a telephone call from a wonderful woman
                            named Janie Maynor Locklear, and that was the first time that I heard
                            about the Lumbee Indians. Janie told me a little about the Lumbee
                            Indians and about a situation involving Old Main on the campus at what
                            is now UNC-Pembroke. Janie asked to bring a group of people from
                            Pembroke to talk to me about the situation and I agreed. We scheduled a
                            meeting, and a group of people came to meet with me. As I recall the
                            group included Janie. I believe it may have included her husband Nick.
                            It included Dexter Brooks. It included Carnell Locklear, and there were
                            some other folks. I'm not sure I remember off the top of my head who
                            else was in that first group. They came and told me about the Lumbees,
                            about the history of the Lumbees, about the problems of the Lumbees,
                            about Robeson County, about the history of Robeson County and various
                            matters. We met for quite a while. They told me about the situation
                            involving Old Main. I agreed to help them in connection with their
                            struggle to preserve and protect Old Main. I enlisted the aid of a
                            colleague of mine, Professor Tom Schoenbaum. It's S-C-H-O-E-N-B-A-U-M,
                            to help me because at that time he was very interested in statutory
                            provisions for protection of environmental matters. He was getting into
                            environmental law, and these also involved protection of historical
                            buildings et cetera. So he agreed to help me with this matter, and we
                            did set about trying then to save Old Main. I think we were very
                            successful. Our legal effort I think delayed the destruction of Old Main
                            and eventually the political <pb id="p2" n="2"/>remedy came through. I
                            believe Governor Jim Holshouser promised to save Old Main, and as I
                            recall about this time Bruce Barton started the Carolina Indian Voice.
                            In an early edition of the Carolina Indian Voice there's a big full page
                            ad saying that the white man has made us many promises and kept very few
                            of them, but Governor Holshouser promised to save Old Main and he has
                            come through on that. I remember that very clearly. So we were able to
                            save Old Main, and as we were doing that the folks I was talking to
                            including Janie and Dexter and many other people had become involved.
                            Carnell was very involved.</p>
                        <p> I began to meet more people in Robeson County and began to know more
                            people, and they all began talking to me about the fact that Old Main is
                            a symbol of education and of the interest of the Indians in Robeson
                            County in education. But that there were issues, real issues involving
                            education they wanted to discuss. I talk about the Indians in Robeson
                            County because during this time I learned that not everybody was happy
                            with the name Lumbee. There was a group of Indians calling themselves
                            Tuscaroras who were concerned that one of the problems that afflicted
                            them was the name Lumbee for various reasons. So they were kind of an
                            independent group, and I worked with both the Tuscaroras and the Lumbee,
                            starting to work with the Tuscaroras after I'd been working with the
                            Lumbees. I believe actually the Tuscarora group was very involved in the
                            Old Main struggle also. They had actually been lying down in front of
                            bulldozers to protect Old Main. So that was another important effort
                            that had delayed destruction of Old Main until our legal efforts could
                            go into play, and they delayed it until the political efforts could be
                            effective.</p>
                        <milestone n="755" unit="excerpt" type="stop" timestamp="00:04:57"/>
                        <milestone n="756" unit="excerpt" type="start" timestamp="00:04:58"/>
                        <pb id="p3" n="3"/>
                        <p> So when we started talking about the situation of education in Robeson
                            County, we talked about various problems of oppression, racial
                            oppression of racial tensions, but one that stuck out as one that we
                            might address next, should address next was the problem of double
                            voting. That's a very clear name, very expressive name. It's not exactly
                            right. It was more like partial double voting. The situation was at the
                            time that there were six boards of education in Robeson County. One was
                            called the county board of education. Five were called city boards of
                            education. There was a Lumberton Board of Education, a Red Springs Board
                            of Education, et cetera. By the way feel free to interrupt me at any
                            time. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> I will. You're doing great. But I'm sort of making a few notes but keep
                            going. I will if I need to. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, you may be familiar with this general situation, but I'll describe
                            it. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Yeah, please do. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> The law at the time provided that—well, let me back up a little bit and
                            say that the county, each board of education had jurisdiction over the
                            schools within its area only. So the county board of education was
                            responsible for the schools in the county area only and had nothing to
                            do with the governance of the schools in any of the city areas. The city
                            boards of education governed the schools in their area and had nothing
                            to do with governing the schools in the county at all. They were all
                            separate and ran the schools in their separate areas, much like right
                            now we have a city and county school board in Orange County here, but
                            the county school board has nothing to do with the city schools. So the
                            name county school board is a kind of a misnomer. It ran the schools
                            outside of the cities. But it did not run all the schools in the county.
                            It had nothing to do <pb id="p4" n="4"/>with the schools, governance for
                            the schools, in the cities. So that's the way, so all the six boards of
                            education were all entirely separate. All ran their own schools. The
                            election process was our concern. The law at the time provided that
                            anybody who lived any place in the county would vote for the county
                            school board, but only people who lived in the cities could vote for
                            each, lived in each city could vote for each city school board. So, the
                            upshot was that everybody in the county elected the county school board,
                            but only people who lived in Lumberton elected the Lumberton School
                            Board. Only people who lived in Red Springs elected the Red Springs
                            School Board. Only people who lived in Maxton elected the Maxton School
                            Board et cetera. As it happened, most of the Indians in Robeson County
                            were in the county schools, the schools administered by the county board
                            of education. The upshot of this meant that because people who lived in
                            the cities could vote for the county school board, the people who lived
                            in the county area, which were largely the Indians, did not control
                            their own schools. They were controlled instead by people who lived in
                            the cities. Whereas people who lived in the cities, each city, they
                            controlled their own school board. So the name double voting meant that
                            the people who lived in the cities could vote for their own school board
                            plus the county school board. I call it partial double voting because
                            the people who lived in the county, largely Indians, could only vote for
                            the county school board, couldn't vote for the city school boards. </p>
                    </sp>
                    <milestone n="756" unit="excerpt" type="stop" timestamp="00:08:58"/>
                    <milestone n="757" unit="excerpt" type="start" timestamp="00:08:59"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> What about African Americans? What was their situation? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, the African Americans were spread among the various school boards,
                            I think, and my recollection is that the Indians were the dominant
                            racial group in the <pb id="p5" n="5"/>schools in the county. But there
                            were white and black students in the county school board as well. It
                            wasn't totally Indian. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Do you feel like African Americans had any more say so over the city
                            school boards than say Indians would have, Indians that lived in the
                            cities or— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I'll tell you generally I thought the blacks and the Indians were both
                            oppressed groups in Robeson County at this time, and we're talking in
                            the early '70s. That they were equally oppressed, that there were a
                            number of devices that were used to oppress them, a number of ways that
                            they were kept powerless, that this is a device, this double voting so
                            called was a device that had a greater impact on Indians than on blacks.
                            So it was of particular interest to the Indians and the elimination of
                            double voting itself didn't help blacks as much as it did Indians. But I
                            know, I did know about a lot of other devices that oppressed blacks and
                            also kept blacks and Indians from working together. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Talk about those a little bit. We can get back to the double voting
                            structure. But I'm sort of interested in that moment when you came down
                            here, what you were observing. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, I wouldn't say in the moment, I spent a lot of time in Robeson
                            County. I came down often. It's not a matter of, I mean things were
                            pretty clear from the beginning. But the more I was there the more I
                            learned, and the more I learned about it. The one matter related to the
                            education system that I thought was a concern both the blacks and whites
                            was that the education system was deliberately kept at a low level of
                            quality. At that time and it think still Robeson County depended for its
                            economy on low wage industry. In order to attract industry to Robeson
                            County, folks promised low wages. One way to maintain low wages was to
                            have a large group of uneducated, even <pb id="p6" n="6"/>illiterate,
                            citizens who would be willing to work for the low wages. So the
                            education process was kept at a poor level in order to be able to
                            produce people who would work for low wages. Another strategy that I
                            learned about was that the county was fairly evenly divided between the
                            three races, not precisely certainly, but there were pretty strong
                            proportions of each of the three races. In order to keep the whites and
                            blacks from joining together in political races in order to win a race
                            for, win a political seat, a political position for a member of one of
                            those two races, the whites would often put up candidates from the white
                            and/or black races to run against other candidates to divide the vote.
                            So if there were a serious black candidate or a serious Indian
                            candidate, the whites would put up a black or Indian candidate to divide
                            the vote, divide the Indian or black or minority vote, and enable the
                            white to win. That was a pretty effective device and it was very
                            strongly used. So those are a couple of things. </p>
                    </sp>
                    <milestone n="757" unit="excerpt" type="stop" timestamp="00:13:11"/>
                    <milestone n="1905" unit="empty" type="start" timestamp="00:13:12"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Do you have any sense of because across the South in many places
                            obviously it was difficult for blacks to vote period. When you spent
                            time down here to what extent were Indians and blacks participating in
                            the voting process? Was it extraordinarily high to you or what did it—
                        </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> That was a subject that Dexter Brooks was particularly interested in, I
                            think, shortly after we met. Dexter at the time was a junior college
                            math teacher. So he was very good at working with math and numbers and
                            statistics. He did a lot of work on that. A lot of his work was in
                            connection with our double voting case, but he was also doing some work
                            on voting rights and voting rights patterns. I remember him sitting in
                            my office and going over figures that he'd worked on. But frankly I
                            don't remember <pb id="p7" n="7"/>becoming directly involved in voting
                            rights litigation about that. So I'm not sure exactly what came of that.
                        </p>
                    </sp>
                    <milestone n="1905" unit="empty" type="stop" timestamp="00:14:20"/>
                    <milestone n="758" unit="excerpt" type="start" timestamp="00:14:21"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. But you would say that by the time you became familiar with the
                            struggle here that Indians and blacks were certainly trying to
                            participate and had been doing so running candidates and things like
                            that for a while. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Yeah, and let me say that I learned that this struggle over double
                            voting was a struggle that involved more than just the schools. It was
                            really a struggle over political power in the county because there were—
                            Let's see, I think when I came down there, there were no Indian lawyers.
                            There was a Lumbee who was a lawyer named Brantley Blue, and he was on
                            the Indian Claims Commission, so he was not available to provide any
                            legal services. I seem to recall, I don't think there was any Indian
                            doctor. There was an Indian pharmacist, Dr. Brooks. But by and large
                            most of the educated Indians in Robeson County were teachers,
                            predominantly teachers. Many of these worked for the county board of
                            education. Some of them of course worked for some of the city boards of
                            education, and some of them worked outside the county. But a great
                            number of the most educated, best educated Indians in Robeson County
                            worked as teachers for the Robeson County Board of Education. As long as
                            the Robeson County Board of Education was under the control of the
                            people who lived in the cities, that is largely the whites, these
                            people, many of whom were the natural leaders of the Indian population
                            were afraid to express themselves. So there was a lot of fear among
                            teachers, administrators, among the Indian population in the county
                            board of education about speaking out on behalf of the rights of
                            Indians, about running for office, about speaking out in support of
                            Indian candidates et cetera, for fear that they would lose their jobs. I
                                <pb id="p8" n="8"/>think it was a pretty realistic fear at the time.
                            So that gave the issue even more gravity. I thought it was very serious
                            as an issue of education of Indians, but it also had a major impact on
                            the political situation for the Indians in Robeson County. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> So the county board at this time was all white. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> The county board of education was predominantly white. If there was, I'm
                            trying to, I can't remember if there might have been an Indian on it.
                            But it was definitely predominantly controlled by whites, yes. </p>
                    </sp>
                    <milestone n="758" unit="excerpt" type="stop" timestamp="00:17:29"/>
                    <milestone n="759" unit="excerpt" type="start" timestamp="00:17:30"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> So tell us a little bit then about the constitutional issues involved in
                            your litigation against that system. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, by this time the United States Supreme Court had developed some
                            new constitutional doctrines about voting rights, particularly the
                            general right that every qualified citizen is entitled to one vote, one
                            person, one vote. A number of decisions about equality and fairness in
                            voting rights. Under those doctrines it was crystal clear that the
                            double voting system that I've described was unconstitutional. I don't
                            think there was much question about it, but we had a lot of difficulty
                            establishing it. The first thing we did is we went to the legislature to
                            try to get some help. There was only one member of the Robeson County
                            delegation who supported us and that was Joy Johnson. Joy Johnson was a
                            black member of the legislature, and the blacks didn't, as I say, have a
                            great interest in this double voting issue, but Joy Johnson supported us
                            a thousand percent, which I thought was great. I remember one of the
                            nicest experiences I had in the legislature, I met a senator there named
                            Wade Smith. Wade Smith continues to be a good friend of mine. He's a
                            fine, excellent lawyer in Raleigh and he was very supportive of us as
                            well. He was very concerned about the situation. Generally speaking on a
                            matter of <pb id="p9" n="9"/>particular local interest the legislature
                            will defer to the local delegation, though. With Joy Johnson being the
                            only local legislator who would support us, we were unable to get
                            legislative relief. So we turned to the courts. We filed a lawsuit in
                            the United States District Court for the eastern district of North
                            Carolina. The case came before the Honorable Algernon L. Butler as I
                            recall. Judge Butler turned us down. So we had to appeal, and we went to
                            the United States Court of Appeals for the fourth circuit, which sits,
                            holds argument in Richmond, Virginia. I remember the day up there very
                            well. We were suing the Robeson County Board of Elections and the State
                            Board of Elections. The Robeson County Board of Elections was
                            represented by an attorney from the Attorney General's office. Excuse me
                            the State Board of Elections was represented by the Attorney General's
                            office. The local Robeson County Board of Elections was represented by
                            Mr. Britt who later became a federal judge in the United States District
                            Court for the eastern district of North Carolina where he served with
                            distinction and is now I think on senior status. But we argued the case,
                            and a great number of Indians, both Tuscarora and Lumbee, came up to
                            Richmond for the argument and filled the courtroom. It was quite an
                            exciting event because the court was very open and fair-minded. It was
                            very clear from the argument that they saw the unconstitutionality of
                            the double voting system, and it was really a very euphoric occasion. I
                            think we were very confident after the argument based on the comments of
                            the judges, and after the argument we went outside and kind of
                            celebrated. Bruce Barton took some pictures, wrote a nice story in the
                            Carolina Indian Voice about the argument. I remember, though, feeling
                            kind of sad about one thing, which is the only person who could talk to
                            the two groups at the time, the Lumbees and the Tuscaroras, was myself.
                            Well, I guess at the time Bruce Barton was <pb id="p10" n="10"/>still
                            welcome in both groups, but shortly after that the Tuscaroras stopped
                            talking to him. So his front-page story about the argument had two
                            photographs of the group there, one photograph of Lumbees with me in the
                            middle and one photograph of Tuscaroras with me in the middle. They
                            insisted on being photographed separately, which I thought was
                            unfortunate.</p>
                        <p> But I might tell you a little story I guess. This was a little story
                            about when we filed the lawsuit. You asked about the AIM folks. So maybe
                            I can back up a little bit and tell you when we decided to go forward
                            with the lawsuit, I had been working with the Lumbee group that I
                            described to you. But as I was working on it, I began working with some
                            of the Tuscaroras as well. They became supportive. So I actually had
                            separate meetings with both groups. I met in Pembroke at a restaurant as
                            I recall with a huge number of Lumbees, and I presented the draft of the
                            complaint to them and got their support. While we were meeting, Russell
                            Banks [actually, Dennis Banks] and another Indian from the AIM movement
                            came to the meeting and spoke. I kind of waited until they finished, and
                            they left, and I spoke to the group again, and I said—I don't remember
                            exactly the words—but I essentially said I don't think you need to take
                            to the streets. I think we have legal remedies available. I'd like you
                            to support this lawsuit and see if we can begin getting legal remedies.
                            I think this is the way to proceed. Most people I think supported that
                            effort. I know there were some people who supported the AIM movement. I
                            know there were some actions, barn burnings, I remember, and other
                            things attributed to the AIM folks. I think about this time there was a
                            big sit-in at the Department of Education in Washington as I recall or
                            at one of the departments in Washington. I think it was largely the
                            Tuscarora group that was involved in that. <pb id="p11" n="11"/>I then
                            had a meeting with the Tuscarora group. This time we met out in a rural
                            part of Robeson County in a large one-room building, and there were a
                            good number of people. I would say there were a good hundred people at
                            that meeting. At the time the chief of the Tuscarora tribe was a guy
                            named Keever Locklear. See, Keever had been one of the people arrested
                            in the sit-in in Washington. At the time Keever and I didn't know each
                            other very well. Since then we've become very good friends. But on that
                            date, in front of this assembled group, I began talking about the
                            proposed lawsuit, and then I read them the complaint. I read paragraph
                            one of the complaint, and I said, "The plaintiffs are a group of Lumbee
                            Indians from—" And I didn't finish the sentence when I felt myself
                            grabbed from the behind and wheeled around a knife at my throat. There
                            was Keever Locklear holding the knife and several of the other
                            Tuscaroras were surrounding me. "What have I done wrong? What is this?"
                            Well, things calmed down in a little bit, and I learned that I had used
                            the term Lumbees, and that's when I learned that the Tuscaroras thought
                            that that name was the source of all their problems. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Um hmm. Could you talk about that for just a minute? </p>
                    </sp>
                    <milestone n="759" unit="excerpt" type="stop" timestamp="00:25:43"/>
                    <milestone n="760" unit="excerpt" type="start" timestamp="00:25:44"/>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Why was that the source of their problems? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Why was that the source of their problems? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Let's see. This is taking me back a little bit. Generally I think that
                            they thought that Lumbee was a name given to the group by white
                            political leadership. I believe there was a statute, state or federal,
                            that first used the term Lumbee and then another statute, state or
                            federal, that used the Lumbee. They thought there were a number of
                            original tribes. Tuscarora being one. Croatan being another. There were
                            several others. I'm trying to remember them. I know at least one other
                            tribal name, and they <pb id="p12" n="12"/>thought that the Indians in
                            eastern North Carolina were actually members of these several tribes;
                            that they had been amalgamated together in consideration by the
                            government as Lumbee; that as Lumbee they were non-tribal or
                            non-reservation Indians, and really non-tribal Indians. This was just a
                            name that was taken from the Lumber River and was not a name that any of
                            the Indians groups had used before the name was given to them by the
                            white man. They thought that, and they were quite right that, the
                            Indians in eastern North Carolina were not federally recognized. There
                            was a statute that called them Lumbee didn't give them all the rights of
                            recognized Indians, and so they thought that this name deprived them of
                            their identity and was the reason they couldn't get their rights. I
                            think they also thought that back in the Roosevelt era some Tuscaroras
                            had been tested, blood tested by the New Deal government to determine
                            whether they were really Indians and had been found to be Indians. They
                            thought that the descendants of these people had particular claim to
                            federal recognition. They were among the Tuscaroras. So they thought the
                            Lumbee name actually denied them, deprived them of their identity and
                            that the Tuscarora name and the Croatan name et cetera were more
                            descriptive, more accurate about their tribal history and background and
                            that by, if they used the Tuscarora name rather than the Lumbee name,
                            they would be more successful in getting federal recognition and the
                            rights that they were entitled to. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> So it's a historical difference sort of interpretation difference. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Historical, right. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Is there, were there other differences that you observed, political
                            opinions or economic realities or—? </p>
                    </sp>
                    <pb id="p13" n="13"/>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, generally speaking, my sense was, that generally speaking the
                            Tuscarora were less educated than the Lumbee. That's not, there were
                            less educated Lumbees also, but the more educated Indians tended to be
                            Lumbees. The Tuscaroras tended to be largely farmers and skilled workers
                            or unskilled workers et cetera. So I think there was also an economic
                            disparity between them. The Lumbees were talking about people who were
                            all exploited, but the Lumbees were a little better off than the
                            Tuscarora generally, and politically I'd say that the Tuscarora were
                            more radical, more action-oriented than the Lumbees. So— </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Well, it's interesting— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> But I think, I'd like to make clear that although I started out with the
                            Lumbees, they're the people who first contacted me, I began working with
                            the Tuscarora, and as long as I was working with the group, I think I
                            was supportive of both and working with both groups. I thought both
                            groups were working in the common interest even though from other
                            directions. I just thought it was kind of sad that they couldn't work
                            together, and it's kind of the human condition I think that when you get
                            a little bit of power you start dividing it. They didn't have much and
                            even when they didn't have much they were fighting over what little bit
                            of power they've had. I think some of those power struggles have been
                            hurtful to the Indians in the same way they are to other groups. </p>
                    </sp>
                    <milestone n="760" unit="excerpt" type="stop" timestamp="00:30:26"/>
                    <milestone n="761" unit="excerpt" type="start" timestamp="00:30:27"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Well, it's interesting that a sense of political radicalism doesn't
                            always accompany greater poverty, but in certain situations in the
                            country during this time those two things seemed to work together. I'm
                            just sort of curious about your thoughts or <pb id="p14" n="14"
                            />perceptions of why that combination might have happened among the
                            Tuscarora in the '70s. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, that's a good question. When we say radicalism, that's kind of a
                            loaded, weighted term. The Lumbees were certainly ready to stand up for
                            their rights. I mean the time was right, and all they needed to do was
                            throw off some shackles. One of those shackles they needed to throw off
                            was white control of the county school board. Once that shackle got
                            thrown off, we were successful in the double voting suit, that made a
                            huge difference in the political power of the Indians. It made a huge
                            difference because many of the natural leaders of the Indian community
                            who had been held down, burdened by that shackle, felt free to soar. So
                            they began to express themselves politically, become active politically
                            and so that's kind of a form of radicalism if you will. They really
                            threw off an oppressive system. I think it's probably to some extent had
                            more to do with level of education and economic level although those are
                            associated. I think the more educated people may have been able to
                            understand the legal process and perhaps the political process and the
                            importance of those, more than some of the less educated people who were
                            more accustomed to just taking more direct action. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Because I think when people hear this interview, they're going to be
                            reminded of the split within the African American community between say
                            Malcolm X and Martin Luther King although the parallels aren't exactly
                            there. That's sort of the general historical trend that on the surface
                            of it the Lumbee and Tuscarora conflict would kind of fit into. Would
                            you have anything to add to that or a way to kind of make that more
                            specific or more local for other people doing research? </p>
                    </sp>
                    <pb id="p15" n="15"/>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, I think my sense is that one characteristic of the human condition
                            is that we try very hard to divide ourselves and to find differences,
                            and we try to elevate ourselves by that and no group is immune from
                            that. Every group does it and that that's kind of what happens when
                            people get a little bit of power. In that sense I think it is a, you
                            draw a fair parallel even though the exact definition of the difference
                            between the groups may be different. But of course, there is another
                            parallel is the difference between the more radical or direct action or
                            action-oriented group and the group wanting to take more of a legal and
                            political process and use non-violence to achieve their ends. That is a
                            natural difference as well. </p>
                    </sp>
                    <milestone n="761" unit="excerpt" type="stop" timestamp="00:33:56"/>
                    <milestone n="1907" unit="empty" type="start" timestamp="00:33:57"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> It might be more accurate actually to say that it was more like some of
                            the difference at the time between the NAACP's approach and Dr. King's
                            approach, but of course it depends on your perspective. Can we just go
                            back one step? I had had a question about when you took the double
                            voting case to court. On what grounds Judge Butler overturned, not
                            overturned— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Refused to— </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Refused to lift it. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> To tell you the truth, I don't remember exactly what his rationale was
                            or if he actually gave much of a rationale. I really I don't remember
                            there was much to an opinion that he wrote to tell you the truth. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> What about Mr. Britt's argument on the behalf of the school board,
                            Robeson County School Board. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Yeah, good question. What was his argument? To tell you the truth,
                            Malinda, I'd probably have to go back and look to see. It's hard after
                            all these years to <pb id="p16" n="16"/>think of any possible argument
                            they could have made. I don't really remember exactly what they were
                            trying to say. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. Well, we can sort of—I'm sure we can do some research. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I remember the attorney from the attorney general's office was a very
                            decent fellow, and I remember he made, I remember thinking he made a
                            reasonable argument, but I think there wasn't much to it. That's why I
                            say in the oral argument in Richmond it was pretty clear that we were
                            going to win. There just wasn't much to their argument. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Do you feel like the federal government's growing involvement in school
                            desegregation had any impact on this case, the Justice Department and
                            the office of education in Washington? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, that's a good question. I can't say that I noticed that at the
                            time, anything about that. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Yeah, I think, did you know Helen Sheirbeck well at that time? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Who? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Helen Sheirbeck. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Now that name does sound familiar. Who was she? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> I guess she was working in the office of education in DC then, and I
                            just, that's sort of another part of the story I need to kind of flesh
                            out. She had some involvement in local matters here, but I don't really
                            know what they were. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I recognize the name, but I don't remember any more than that. </p>
                    </sp>
                    <milestone n="1907" unit="empty" type="stop" timestamp="00:36:34"/>
                    <milestone n="762" unit="excerpt" type="start" timestamp="00:36:35"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. Okay. Well, you talked a little bit about the impact of breaking
                            double voting for Lumbees. Tell us, once the court case was won, what
                            were the kind of sequence of events that took place to put the whole
                            thing into effect, enforce it? </p>
                    </sp>
                    <pb id="p17" n="17"/>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> All right. I think as soon as we won the case or maybe shortly before,
                            the county school board gave the superintendent a new contract for four
                            years, which was the maximum they could give him. So they were trying to
                            protect their power through the superintendent. We, once we won, we
                            tried to get that contract set aside. We went for emergency relief
                            before one of the judges in the Fourth Circuit from North Carolina who
                            was Judge J. Braxton Craven, a judge for whom I have always had immense
                            respect. But he turned us down. He said he thought we were not going to
                            suffer irreparable harm, that we could wait out the four years with the
                            superintendent and then have the new board elect a superintendent. So I
                            was kind of disappointed by that. But then the new board was elected. It
                            was primarily an Indian board. It did elect, appoint Purnell Swett to be
                            the first superintendent of the new county board of education. So that
                            was a major accomplishment. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Were you involved in sort of recruiting votes for that new board or—
                        </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I didn't have anything to do, I left that with the local people. No, I
                            didn't have anything to do with that. I do recall, we also did, there
                            was a fellow named Oxendine who had been appointed to the state board of
                            education. I must say, generally speaking, that Jim Holshouser was
                            elected governor. Jim Holshouser had come through Robeson County and
                            promised to save Old Main and had gotten the ear of people in the county
                            and a number of Indians changed their registration from Democratic to
                            Republican because they liked Jim Holshouser and his promises. </p>
                    </sp>
                    <milestone n="762" unit="excerpt" type="stop" timestamp="00:39:06"/>
                    <milestone n="1908" unit="empty" type="start" timestamp="00:39:07"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> I think, can you hang on just one second. I think you're sort of fading
                            out again. Are you there? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Yeah. </p>
                    </sp>
                    <pb id="p18" n="18"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Uh. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Can you hear me again? Maybe the batteries are going down. I'll try
                            another phone. I've had that problem before too. [sounds of movement]
                            Hello. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Hi. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Is that better? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> That's great. So back up for me to Holshouser had saved Old Main. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Yeah. Okay. Governor Holshouser had promised to save Old Main, and he
                            eventually did when he became governor. That thrilled people, and he
                            also appointed a number of Indians to positions in his government. One
                            of these was, I'm trying to remember his name. He was one of a group of
                            brothers who had good positions in education. His name was Oxendine, but
                            I don't remember the first name now. I remember being at his funeral.
                        </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Hughes. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Huh? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Was it Hughes? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Hughes, Earl Hughes Oxendine, exactly right. Fine, fine guy. When we won
                            the double voting suit and the county board of education still tried to
                            reappoint, give the superintendent a four-year contract, Earl Hughes had
                            been appointed to the state board of education, which had to approve the
                            contract. I did go with him to a meeting of the state board of education
                            where he tried to get them to turn it down. He was unsuccessful. It was
                            after that that we went to the Fourth Circuit. First to Judge Craven,
                            and then I think to a full panel, and we were unsuccessful. So there was
                            a little delay in— We then did have an election, and the Indians did
                            win, and then they were able after the <pb id="p19" n="19"/>four-year
                            contract of that superintendent to appoint Purnell Swett and begin
                            getting control over the county school board. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> You were saying that a lot of Indians had switched from Democrat, their
                            registration from Democrat to Republican. Did that influence this
                            process? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I think that it did enable a number of Indians to get good positions,
                            appointed to good positions in the Holshouser administration, and I do
                            think that the Holshouser administration generally was concerned about
                            the interests of the Indians in Robeson County. I do remember—and I tell
                            you this is very poignant for me—but Janie Maynor Locklear, the person
                            who contacted me from Robeson County and who had been a leader in all of
                            these struggles developed an illness. I did a little legal work for her
                            in trying to get some help from her health insurer in connection with
                            this so I was in touch with her and then unfortunately she passed away.
                            I went to her funeral and I was very pleased. We were sitting in there
                            when I saw Jim Holshouser walk in and sit down at her funeral. I thought
                            that was very nice. It brought back a nice memory of what an excellent
                            governor he had been on behalf of the Indians. I must say actually
                            Governor Jim Martin also was pretty good for the Indians. I think to
                            some extent this might be because, are you there? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Yeah. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> The Democratic party largely controlled and still controls Robeson
                            County. So politically I think it was a good move for them to help the
                            Indians, but I think both Governor Holshouser and Governor Martin were
                            sincere about that, and I was impressed with what they did for the
                            Indians in Robeson County. </p>
                    </sp>
                    <pb id="p20" n="20"/>
                    <milestone n="1908" unit="empty" type="stop" timestamp="00:43:41"/>
                    <milestone n="763" unit="excerpt" type="start" timestamp="00:43:42"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> It's interesting I think to some historians the fact that Indians
                            obviously a large number of them, but still fairly isolated regionally
                            and economically from sort of the mainstream, would carry that kind of
                            political weight on a state level. Do you have any thoughts about that?
                        </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, I think the explanation is that actually there was a fellow
                            running for Attorney General at the same time that Jim Holshouser was
                            running for governor. He didn't win. I don't remember his name now. I'm
                            trying to think of his name. He was a good fellow. He was very
                            interested in and supportive of the Indians. He and I became good
                            friends at that time because he talked to me about legal issues
                            involving the Indians, and he went to Robeson County and campaigned
                            among the Indians. So I think my sense is that the Republican Party saw
                            an opportunity for an inroad into the Democratic control of the county.
                            I think they did achieve some success in that respect although the
                            county is still largely Democratic, and I think the number of
                            Republicans among the Indians to my sense has diminished. </p>
                    </sp>
                    <milestone n="763" unit="excerpt" type="stop" timestamp="00:45:08"/>
                    <milestone n="1909" unit="empty" type="start" timestamp="00:45:09"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> So Indians at this time tended to vote together, you would say. Was the
                            racial situation part of the reason they felt they had an inroad or—
                        </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Right. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> So it was kind of a way to split the vote. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> The racial situation, there were thing they could do for the Indians and
                            there were things they did do for the Indians, and I think the Indians
                            were very appreciative and supportive of people who were helping them.
                        </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> So tended to bring in votes for that candidate that would do those
                            things. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Right. </p>
                    </sp>
                    <pb id="p21" n="21"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I don't want to be totally cynical. I do believe that both Holshouser
                            and Martin understood the issues, understood the plight of the Indians
                            and sincerely wanted to help them. I do remember hearing a report of a
                            conversation that Governor Martin had with Joe Freeman Britt later.
                            There was a new judgeship created that was designed by the legislature
                            that was to be for a minority. Dexter Brooks applied for it, and Joe
                            Freeman Britt decided to apply for it. I heard, I don't know if it's
                            true or not, but I heard that Britt had a conversation with Governor
                            Martin when Governor Martin explained to him that the seat was designed
                            for a minority. Britt said, well, Governor in Robeson County I am a
                            minority. I'm white. Governor Martin said that's not what the
                            legislature intended by minority. So I was kind of impressed with
                            stories like that that I heard about Governor Martin and his real
                            understanding and support for the interests of the Indians. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Let me see. That sort of reminded me of something. Well, I guess I was
                            thinking about, this is again going back a little bit, to the expansion
                            of the county school board and correct me if I'm wrong but I think I
                            remember reading there were seats added to the board that were
                            designated for minorities. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Is that right? I don't remember that. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. Okay. Well, I—[blank space] </p>
                    </sp>
                    <p>
                        <note anchored="yes">
                            <p>[END OF TAPE 1, SIDE A]</p>
                        </note>
                    </p>
                </div2>
                <div2 id="tape1-b" n="1-B" type="tape_side">
                    <head>[TAPE 1, SIDE B]</head>
                    <note anchored="yes">
                        <p>[START OF TAPE 1, SIDE B]</p>
                    </note>
                    <pb id="p22" n="22"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. Once we won the lawsuit. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Yeah, then I was not quite so involved on a regular basis. I didn't
                            necessarily keep up with everything that was going on there. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Okay. Okay. Well, all right. Then I'll have to make sure to ask a series
                            of questions then to some other folks about the sort of implementation
                            of the case, of the lawsuit. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I need you to speak up now. I can't hear you very well. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Oh, is that better? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Much better yeah. </p>
                    </sp>
                    <milestone n="1909" unit="empty" type="stop" timestamp="00:48:05"/>
                    <milestone n="764" unit="excerpt" type="start" timestamp="00:48:06"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Well, I guess I'd like to get, again go back a little bit in time maybe
                            and talk a little bit about your own background and getting into law and
                            sort of how that relates to the passion you obviously developed for the
                            situation here speaking from your own experience. For example when you
                            were in law school or became a law professor, what drew you to the
                            issues here? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, I think it's fair to say that I had my own social and political
                            consciousness aroused by the civil rights movement. I was in high school
                            when the civil rights movement was getting strong, and I had my eyes
                            opened to discrimination then. It was all around me, but I hadn't
                            noticed it. So I became very concerned about the unfair treatment of
                            other people, and I think that probably my senior year in high school I
                            became very much interested in that and started learning about it. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> You went to high school where? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I went to high school in Michigan. </p>
                    </sp>
                    <pb id="p23" n="23"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Go ahead. I'm sorry. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I think when I was in law school of course, I think that was a large
                            part of my motivation. When I was in law school I worked one summer for,
                            or part of one summer for it was called LSCRRC, L-S-C-R-R-C, Law
                            Students Civil Rights Research, I don't remember the name. But it was an
                            internship program for law students who would go down South and help
                            work with lawyers from the North who were coming down for limited
                            periods of time. I worked for Marian Wright, who is now Marian Wright
                            Edelman, in Jackson, Mississippi in the civil rights movement and also I
                            spent, I took a week out off of law school and went down to Selma,
                            Alabama during all the voting rights demonstrations there. So a large
                            part of my what was shaping me then I guess was the civil rights
                            movement. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Then you decided to go into law and law school, I mean, I'm sorry, a
                            professor of law specifically to sort of teach others or— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, I don't know that I specifically had that in mind but certainly
                            when I joined the faculty of the law school, I was in civil rights and
                            continued my work in civil rights generally. I think my work with the
                            Indians when Janie and the group came down to talk to me, it was right
                            away very clear that that fit right into what I was interested in. So I
                            was glad to work on that. </p>
                    </sp>
                    <milestone n="764" unit="excerpt" type="stop" timestamp="00:51:23"/>
                    <milestone n="1910" unit="empty" type="start" timestamp="00:51:24"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Did you have any particular response when you learned about Indian
                            history here in North Carolina? Was it surprising or typical in some
                            way? How would you describe your reaction to it? </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, as I think I said I had never heard of the Lumbees, and I think I
                            probably didn't know anything about Indians in North Carolina until
                            Janie and the group <pb id="p24" n="24"/>came to talk to me. After that
                            I talked to a lot of people and did quite a bit of reading about the
                            Indians in North Carolina. Actually at one point I think had, I believe
                            it was a Tuscarora group brought to me a massive quantity of documents
                            that they were putting together trying to get federal recognition, and I
                            reviewed all that. So in the process of doing that, attending a number
                            of Indian cultural events there, getting to know a lot of Indian people,
                            that's when I began learning about the Indian history and plight in
                            eastern North Carolina. I really can't say that before that day that the
                            group came to see me that I was particularly well informed about that
                            although of course I was generally informed about it. </p>
                    </sp>
                    <milestone n="1910" unit="empty" type="stop" timestamp="00:52:47"/>
                    <milestone n="765" unit="excerpt" type="start" timestamp="00:52:48"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Well, talk, speaking of getting to know some people, talk a little bit
                            about Dexter Brooks and your working relationship with him. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Sure. Well, yeah, Dexter was a gem and was a very special, a very
                            special person. He was very dedicated to the Indian people, and he was
                            very helpful to me. We worked together very closely during the time of
                            the double voting suit, and I mentioned he talked to me about other
                            plans he had on voting rights issues that I was not ultimately involved
                            in. But I think I'm proud to say it was the work that we did together
                            that encouraged Dexter to come to law school and very pleased that he
                            was very successful. I was also one of his professors in law school and
                            we were good friends. I was very pleased to see Dexter go back into
                            Robeson County and start a practice and begin delivering legal services
                            to Indians and build up a practice. Also Dexter was very genuinely
                            devoted to increasing the numbers of Indian lawyers in Robeson County,
                            and he and I worked together to try to bring Indians from Robeson County
                            to one of the law schools. We tried to bring at least one Indian to the
                            UNC law school every year and tried <pb id="p25" n="25"/>to also
                            encourage Indians to go to North Carolina Central and Duke as well as
                            other law schools. Dexter was really the guy in the county doing all of
                            that, and I often met with students and talked with them and also talked
                            with administrators and tried to develop a program for bringing these
                            folks, and Dexter was very successful. When people graduated, he had
                            room for some of them in his law firm and helped others set up their own
                            practices, and then Dexter also helped start a legal services program in
                            Pembroke. He recruited Julian Pierce to be director of that program, and
                            Dexter served as president of the program. It was a time, it was very
                            timely because legal services was, this was a time when legal services
                            was beginning to grow. They were getting more support from the federal
                            government, and North Carolina had developed a program called Legal
                            Services of North Carolina, and there was funding available for legal
                            services. It was very organized and supported, and I was also involved
                            in legal services in our area here, and so Dexter and I shared interests
                            in developing legal service programs. I met Julian Pierce with Dexter
                            and then on many occasions and thought the world of Julian Pierce also.
                        </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Talk about Julian some also. When you met him, the same sort of things
                            that you mentioned about Dexter in terms of what kind of work he did
                            and— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, Julian was the first director of legal services in Robeson County,
                            legal services program, which was critical. This whole scheme, of course
                            when I went down as I said, when I first was invited by Janie and Dexter
                            and Carnell and the group down to Robeson County, there were no Indian
                            lawyers there. There was a tremendous need for Indian lawyers, and the
                            absence of Indian lawyers of course left them vulnerable, left the
                            Indians there very vulnerable to a variety of problems, not just the
                            systemic problems <pb id="p26" n="26"/>such as double voting but a
                            variety of problems. There was a great need for Indian lawyers. So
                            actually one of the reasons that I began having less to do in Robeson
                            County after we won the double voting suit, at least for a while, was
                            because there were more Indian lawyers there. Dexter was down there and
                            others were down there, and so the need for bringing somebody from
                            outside the county was diminished. It wasn't gone, but it was
                            diminished. There were actually times when even Dexter would call me and
                            say there was a problem where they needed someone from outside the
                            county, a lawyer from outside the county to come down because it was too
                            hot even for him or lawyers in the county. So that was a tremendous
                            development. A lot of these, a lot of the Indian lawyers were working
                            for poor people and were not able to make the lawyers might make in
                            other places. There was a tremendous need for legal services program to
                            fill a gap even below that because there was still a lot of poverty
                            among the Indians in Robeson County as well as others. Legal services
                            program was not just for Indians. It was for poor folk from all races.
                            So the legal services program was started and was terrific for all the
                            poor people in the county. Julian was just a perfect choice. Julian was
                            brought down as I recall from Washington, DC, terrific guy. He fit in
                            very well with the legal services folks generally. I ran into him often
                            because I was involved in legal services generally, legal services
                            circles, I was involved in our own legal services program here, and also
                            I started a legal services program for prisoners. So I was involved in
                            running two legal services programs, and so I was running in legal
                            services circles and often saw Julian Pierce there, and Julian pierce
                            was beloved, one of the favorite people in the legal services community.
                            He was very highly regarded, and he was a guy who was committed and
                            dedicated to his work and he was really a nice guy, very bright, very
                            nice, <pb id="p27" n="27"/>very bright guy. He did consult with me on a
                            couple of cases that he brought, and he was doing not just what we might
                            think of as standard legal service case, individual representation. He
                            was bringing test cases to improve the condition of people in Robeson
                            County and was doing a great job. He was involved in the first case
                            trying to challenge the disparities in financing in the schools. I
                            worked with him on that. But there he called on me as a consultant and I
                            helped him to the extent he asked. Julian there in the county as well as
                            Dexter working on that case, they didn't need an outside lawyer to the
                            same extent that they had before. So they really filled a major gap, and
                            they really, they meaning Dexter and Julian as well as Indian lawyers
                            they brought down there, but particularly I would say Dexter and Julian
                            really were responsible for improving the political process and the
                            conditions for minorities in Robeson County. </p>
                    </sp>
                    <milestone n="765" unit="excerpt" type="stop" timestamp="01:01:41"/>
                    <milestone n="1911" unit="empty" type="start" timestamp="01:01:42"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Yeah, it sounds like within a sort of a ten-year time frame from I guess
                            '73 when you first came down to, was legal services started about '83—
                        </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Sounds about right. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> '82, '83 the opportunities for Indians headed sort of through the legal
                            process had exploded perhaps largely as a result of the double voting
                            success. Yeah. Well, is there anything you feel like I've left out to
                            ask or— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> About that period? </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> About that period, about anything else you feel is important. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I think that's all I can think of now about that period. There was
                            another period that began after that, but that's a whole separate story
                            I think. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> In terms of, that had to do with schools or that had to do with— </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, in the schools I think— </p>
                    </sp>
                    <pb id="p28" n="28"/>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Merger. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> It had to do with schools. I think, there was the Eddie Hatcher
                            incident, the Julian Pierce murder and situations surrounding that that
                            led to the merger of the school system. So it did have something to do
                            with schools. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Well, I think that would certainly be an important part of how this
                            story kind of ends. I guess if there is an appropriate ending point. I
                            might if it's all right with you, we might come back to that at some
                            point later in the year. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> I think that is a separate story. </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> Yeah. When I kind of gather some more information about this earlier
                            period. I think I would like to know more about the late '80s, Julian's
                            murder and the school merger and basically the sort of, there's a second
                            wave it seems like of Indian control politically that was being
                            struggled for in the county. So yeah, I'll be coming back to that in the
                            springtime some time. So good. Well, I appreciate your time as always.
                        </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> Well, thank you Malinda. It's nice to talk— </p>
                    </sp>
                    <sp who="spk2">
                        <speaker n="2"> MALINDA MAYNOR:</speaker>
                        <p> And your help. </p>
                    </sp>
                    <sp who="spk1">
                        <speaker n="1"> BARRY NAKELL:</speaker>
                        <p> To you.</p>
                    </sp>
                    <p>
                        <note anchored="yes">
                            <p>END OF INTERVIEW</p>
                        </note>
                    </p>
                    <milestone n="1911" unit="empty" type="stop" timestamp="01:03:57"/>
                </div2>
            </div1>
        </body>
    </text>
</TEI.2>

