Any special activities at the Millard Fillmore Presidential Library for January 7?

January 7, 2016

The Ladies of Mount Vernon maintain George Washington’s home and a couple of farms, and now have an extensive center for teachers, in addition to an extensive library on Washington.

In Springfield, Illinois, a private foundation established the Abraham Lincoln Presidential Library and Museum.

Neither is part of the National Archives (NARA) presidential libraries programs. NARA operates libraries for Hoover, FDR, Truman, Eisenhower, Kennedy, Johnson, Nixon, Ford, Carter, Reagan, George H. W. Bush, Clinton, George Bush, and NARA will operate the Obama library from the start.

Other presidents are left out in the cold, mostly. There are informal facilities for Teddy Roosevelt, James Garfield, and Woodrow Wilson.

On Millard Fillmore’s birthday, January 7, I am happy to report there is a Millard Fillmore Presidential Library, too.

For some reason, it’s in Cleveland, Ohio.

Photo of the interior of the Millard Fillmore Presidential Library, in Cleveland, Ohio. Motto something like, "This ain't the LBJ Library."

Photo of the interior of the Millard Fillmore Presidential Library, in Cleveland, Ohio. From Facebook page. Motto something like, “This ain’t the LBJ Library.”

A promising place for scholarship on our 13th president, perhaps. Photos of Fillmore, previously unknown, have been published by this establishment.

The new Millard Fillmore Presidential Library casts new light on the 13th president's talents and methods of relaxation.

The new Millard Fillmore Presidential Library casts new light on the 13th president’s talents and methods of relaxation.

Finally, a place to properly celebrate Millard Fillmore’s 216th birthday anniversary, today!


Happy birthday as a state, Texas! – 170 years old

December 29, 2015

It’s Texas Statehood day, the 170th anniversary of Texas joining the Union — or as some Texans prefer, the anniversary of Texas’s making America great.

According to the U.S. flag code, people should fly their U.S. flags on their state’s statehood day.

Not many Texans are, if any. Can you find someone honoring statehood day?

texas our texas

U.S. and Texas flags at the Texas Capitol – photo: jmtimages

170 years ago today: Rub your pet armadillo’s belly, slaughter the fatted longhorn, crank up the barbecue pit with the mesquite wood, put Willie Nelson and Bob Wills on the mp3 player, put the “Giant” DVD on the television, and raise your glass of Big Red, Dr. Pepper, or Lone Star Beer (or Pearl, or Shiner Bock, Sir Williams English Brown Ale, or Llano Wine).

U.S. Flag Code rules urge flying the U.S. flag on the anniversary of a state’s joining the Union — even as much as that will frost the tiny band of desperate Texas secessionists.  (Will the secessionists fly the Texas flag at half-staff?)

Texas was admitted to the union of the United States of America on December 29, 1845.

President Polk's authorization to affix Great Seal of the U.S. to Texas Statehood documents

President Polk’s Authorization to affix the Great Seal to Texas Statehood documents – Texas Memorial Museum, University of Texas at Austin

The text of Polk’s message:

I hereby authorize and direct the Secretary of State to affix the Seal of the United States to an authenticated copy of “an act to extend the laws of the United States over the State of Texas and for other purposes” approved Dec. 29, 1845 dated this day, and signed by me and for so doing this shall be his warrant.

James K. Polk
Washington, Dec. 29, 1845

Seal of the U.S. affixed to Texas Statehood Proclamation

Great Seal of the United States of America, affixed to the Texas Statehood Proclamation – image from State Archives Division, Texas State Library

Resources:

More:

The Texas Ranger Museum took note of the day (no, not the baseball Rangers):

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. It is an annual event, after all. And, fighting ignorance requires patience and persistence.

 


Christmas 2015: Who invented Santa Claus? Who really wrote the “Night Before Christmas?”

December 24, 2015

An encore post and Millard Fillmore’s Bathtub tradition from 2007, with a modifications.

“Today in History from the Associated Press notes, for December 23:

In 1823, the poem “Account of a Visit from St. Nicholas” was published anonymously in the Troy (N.Y.) Sentinel; the verse, more popularly known as “‘Twas the Night Before Christmas,” was later attributed to Clement C. Moore.

Regardless who wrote the poem first published 192 years ago yesterday, how did the poem influence America’s view of St. Nicholas, or Santa Claus?  And how much of the Santa Claus story really was invented in America?

Thomas Nast invented Santa Claus? Clement C. Moore didn’t write the famous poem that starts out, “‘Twas the night before Christmas, and all through the house . . . ?”

The murky waters of history from Millard Fillmore’s Bathtub soak even our most cherished ideas and traditions.

Isn’t that part of the fun of history?

Santa Claus delivers to Union soldiers, "Santa Claus in Camp" - Thomas Nast, Harper's Weekly, Jan 3, 1863

In Janaury 1863, Thomas Nast portrayed Santa Claus as he delivered gifts to Union troops a few days earlier in Washington, D.C., wearing a blue, star-spangled coat.

Yes, Virginia (and California, too)! Thomas Nast created the image of Santa Claus most of us in the U.S. know today. Perhaps even more significant than his campaign against the graft of Boss Tweed, Nast’s popularization of a fat, jolly elf who delivers good things to people for Christmas makes one of the great stories in commercial illustration. Nast’s cartoons, mostly for the popular news publication Harper’s Weekly, created many of the conventions of modern political cartooning and modeled the way in which an illustrator could campaign for good, with his campaign against the graft of Tammany Hall and Tweed. But Nast’s popular vision of Santa Claus can be said to be the foundation for the modern mercantile flurry around Christmas.

Nast is probably ensconced in a cartoonists’ hall of fame. Perhaps he should be in a business or sales hall of fame, too.  [See also Bill Casselman’s page, “The Man Who Designed Santa Claus.]

Nast’s drawings probably drew some inspiration from the poem, “Account of a Visit from St. Nicholas,” traditionally attributed to Clement C. Moore, a New York City lawyer, published in 1822. The poem is among the earliest to describe the elf dressed in fur, and magically coming down a chimney to leave toys for children; the poem invented the reindeer-pulled sleigh.

Modern analysis suggests the poem was not the work of Moore, and many critics and historians now attribute it to Major Henry Livingston, Jr. (1748-1828) following sleuthing by Vassar College Prof. Don Foster in 2000. Fortunately for us, we do not need to be partisans in such a query to enjoy the poem (a complete copy of which is below the fold).

The Library of Congress still gives Moore the credit. When disputes arise over who wrote about the night before Christmas, is it any wonder more controversial topics produce bigger and louder disputes among historians?

Moore was not known for being a poet. The popular story is that he wrote it on the spur of the moment:

Moore is thought to have composed the tale, now popularly known as “The Night Before Christmas,” on December 24, 1822, while traveling home from Greenwich Village, where he had bought a turkey for his family’s Christmas dinner.

Inspired by the plump, bearded Dutchman who took him by sleigh on his errand through the snow-covered streets of New York City, Moore penned A Visit from St. Nicholas for the amusement of his six children, with whom he shared the poem that evening. His vision of St. Nicholas draws upon Dutch-American and Norwegian traditions of a magical, gift-giving figure who appears at Christmas time, as well as the German legend of a visitor who enters homes through chimneys.

Again from the Library of Congress, we get information that suggests that Moore was a minor celebrity from a well-known family with historical ties that would make a good “connections” exercise in a high school history class, perhaps (”the link from Aaron Burr’s treason to Santa Claus?”): (read more, below the fold)

Clement Moore was born in 1779 into a prominent New York family. His father, Benjamin Moore, president of Columbia University, in his role as Episcopal Bishop of New York participated in the inauguration of George Washington as the nation’s first president. The elder Moore also administered last rites to Alexander Hamilton after he was mortally wounded in a tragic duel with Aaron Burr.

A graduate of Columbia, Clement Moore was a scholar of Hebrew and a professor of Oriental and Greek literature at the General Theological Seminary in Manhattan. [See comment from Pam Bumsted below for more on Moore.] He is said to have been embarrassed by the light-hearted verse, which was made public without his knowledge in December 1823. Moore did not publish it under his name until 1844.

Tonight, American children will be tucked in under their blankets and quilts and read this beloved poem as a last “sugarplum” before slipping into dreamland. Before they drift off, treat them to a message from Santa, recorded by the Thomas Edison Company in 1922.

Santa Claus Hides in Your Phonograph
By Arthur A. Penn, Performed by Harry E. Humphrey.
Edison, 1922.
Coupling date: 6/20/1922. Cutout date: 10/31/1929.
Inventing Entertainment: The Motion Pictures and Sound Recordings of the Edison Companies

Listen to this recording (RealAudio Format)

Listen to this recording (wav Format, 8,471 Kb)

But Henry Livingston was no less noble or historic. He hailed from the Livingstons of the Hudson Valley (one of whose farms is now occupied by Camp Rising Sun of the Louis August Jonas Foundation, a place where I spent four amazing summers teaching swimming and lifesaving). Livingston’s biography at the University of Toronto site offers another path for a connections exercise (”What connects the Declaration of Independence, the American invasion of Canada, the famous poem about a visit from St. Nick, and George W. Bush?”):

Henry Livingston Jr. was born in Poughkeepsie, New York, on Oct. 13, 1748. The Livingston family was one of the important colonial and revolutionary families of New York. The Poughkeepsie branch, descended from Gilbert, the youngest son of Robert Livingston, 1st Lord of Livingston Manor, was not as well off as the more well-known branches, descended from sons Robert and Philip. Two other descendants of Gilbert Livingston, President George Walker Herbert Bush and his son, President-Elect George W. Bush, though, have done their share to bring attention to this line. Henry’s brother, Rev. John Henry Livingston, entered Yale at the age of 12, and was able to unite the Dutch and American branches of the Dutch Reformed Church. At the time of his death, Rev. Livingston was president of Rutgers University. Henry’s father and brother Gilbert were involved in New York politics, and Henry’s granduncle was New York’s first Lt. Governor. But the law was the natural home for many of Henry’s family. His brother-in-law, Judge Jonas Platt, was an unsuccessful candidate for governor, as was his daughter Elizabeth’s husband, U.S. Supreme Court Justice Smith Thompson. Henry’s grandson, Sidney Breese, was Chief Justice of the Illinois Supreme Court.

Known for his encyclopedic knowledge and his love of literature, Henry Livingston was a farmer, surveyor and Justice of the Peace, a judicial position dealing with financially limited criminal and civil cases. One of the first New Yorkers to enlist in the Revolutionary Army in 1775, Major Henry Livingston accompanied his cousin’s husband, General Montgomery, in his campaign up the Hudson River to invade Canada, leaving behind his new wife, Sarah Welles, and their week-old baby, on his Poughkeepsie property, Locust Grove. Baby Catherine was the subject of the first poem currently known by Major Livingston. Following this campaign, Livingston was involved in the War as a Commissioner of Sequestration, appropriating lands owned by British loyalists and selling them for the revolutionary cause. It was in the period following Sarah’s early death in 1783, that Major Livingston published most of his poems and prose, anonymously or under the pseudonym of R. Ten years after the death of Sarah, Henry married Jane Patterson, the daughter of a Dutchess County politician and sister of his next-door neighbor. Between both wives, Henry fathered twelve children. He published his good-natured, often occasional verse from 1787 in many journals, including Political Barometer, Poughkeepsie Journal, and New-York Magazine. His most famous poem, “Account of a Visit from St. Nicholas,” was until 2000 thought to have been the work of Clement Clarke Moore (1779-1863), who published it with his collected poems in 1844. Livingston died Feb. 29, 1828.

More on Henry Livingston and his authorship of the Christmas poem here.

Thomas Nast’s full realization of Santa Claus, “Merry Old Santa Claus,” January 1, 1881. Harper’s Weekly, from the Ohio State University Billy Ireland Cartoon Library and Museum, via Bill Cassellman's site

Thomas Nast’s full realization of Santa Claus, “Merry Old Santa Claus,” January 1, 1881. Harper’s Weekly, from the Ohio State University Billy Ireland Cartoon Library and Museum, via Bill Cassellman’s site

Our views of Santa Claus owe a great deal also to the Coca-Cola advertising campaign. Coca-Cola first noted Santa’s use of the drink in a 1922 campaign to suggest Coke was a year-round drink (100 years after the publication of Livingston’s poem). The company’s on-line archives gives details:

In 1930, artist Fred Mizen painted a department store Santa in a crowd drinking a bottle of Coke. The ad featured the world’s largest soda fountain, which was located in the department store of Famous Barr Co. in St. Louis, Mo. Mizen’s painting was used in print ads that Christmas season, appearing in The Saturday Evening Post in December 1930.

1936 Coca-Cola Santa cardboard store display

1936 Coca-Cola Santa cardboard store display

 

1942 original oil painting - 'They Remembered Me'

1942 original oil painting – ‘They Remembered Me’

Archie Lee, the D’Arcy Advertising Agency executive working with The Coca-Cola Company, wanted the next campaign to show a wholesome Santa as both realistic and symbolic. In 1931, The Coca-Cola Company commissioned Michigan-born illustrator Haddon Sundblom to develop advertising images using Santa Claus — showing Santa himself, not a man dressed as Santa, as Mizen’s work had portrayed him.

For inspiration, Sundblom turned to Clement Clark Moore’s 1822 poem “A Visit From St. Nicholas” (commonly called “‘Twas the Night Before Christmas”). Moore’s description of St. Nick led to an image of Santa that was warm, friendly, pleasantly plump and human. For the next 33 years, Sundblom painted portraits of Santa that helped to create the modern image of Santa — an interpretation that today lives on in the minds of people of all ages, all over the world.

Santa Claus is a controversial figure. Debates still rage among parents about the wisdom of allowing the elf into the family’s home, and under what conditions. Theologians worry that the celebration of Christmas is diluted by the imagery. Other faiths worry that the secular, cultural impact of Santa Claus damages their own faiths (few other faiths have such a popular figure, and even atheists generally give gifts and participate in Christmas rituals such as putting up a decorated tree).

For over 100 years, Santa Claus has been a popular part of commercial, cultural and religious life in America. Has any other icon endured so long, or so well?

Coca-Cola’s film, “The Legend of Coca-Cola and Santa Claus”:

________________________
Below:
From the University of Toronto Library’s Representative Poetry Online

Major Henry Livingston, Jr. (1748-1828)

Account of a Visit from St. Nicholas

1 ‘Twas the night before Christmas, when all thro’ the house,

2 Not a creature was stirring, not even a mouse;

3 The stockings were hung by the chimney with care,

4 In hopes that St. Nicholas soon would be there;

5 The children were nestled all snug in their beds,

6 While visions of sugar plums danc’d in their heads,

7 And Mama in her ‘kerchief, and I in my cap,

8 Had just settled our brains for a long winter’s nap –

9 When out on the lawn there arose such a clatter,

10 I sprang from the bed to see what was the matter.

11 Away to the window I flew like a flash,

12 Tore open the shutters, and threw up the sash.

13 The moon on the breast of the new fallen snow,

14 Gave the lustre of mid-day to objects below;

15 When, what to my wondering eyes should appear,

16 But a miniature sleigh, and eight tiny rein-deer,

17 With a little old driver, so lively and quick,

18 I knew in a moment it must be St. Nick.

19 More rapid than eagles his coursers they came,

20 And he whistled, and shouted, and call’d them by name:

21 “Now! Dasher, now! Dancer, now! Prancer, and Vixen,

22 “On! Comet, on! Cupid, on! Dunder and Blixem;

23 “To the top of the porch! to the top of the wall!

24 “Now dash away! dash away! dash away all!”

25 As dry leaves before the wild hurricane fly,

26 When they meet with an obstacle, mount to the sky;

27 So up to the house-top the coursers they flew,

28 With the sleigh full of Toys — and St. Nicholas too:

29 And then in a twinkling, I heard on the roof

30 The prancing and pawing of each little hoof.

31 As I drew in my head, and was turning around,

32 Down the chimney St. Nicholas came with a bound:

33 He was dress’d all in fur, from his head to his foot,

34 And his clothes were all tarnish’d with ashes and soot;

35 A bundle of toys was flung on his back,

36 And he look’d like a peddler just opening his pack:

37 His eyes — how they twinkled! his dimples how merry,

38 His cheeks were like roses, his nose like a cherry;

39 His droll little mouth was drawn up like a bow.

40 And the beard of his chin was as white as the snow;

41 The stump of a pipe he held tight in his teeth,

42 And the smoke it encircled his head like a wreath.

43 He had a broad face, and a little round belly

44 That shook when he laugh’d, like a bowl full of jelly:

45 He was chubby and plump, a right jolly old elf,

46 And I laugh’d when I saw him in spite of myself;

47 A wink of his eye and a twist of his head

48 Soon gave me to know I had nothing to dread.

49 He spoke not a word, but went straight to his work,

50 And fill’d all the stockings; then turn’d with a jerk,

51 And laying his finger aside of his nose

52 And giving a nod, up the chimney he rose.

53 He sprung to his sleigh, to his team gave a whistle,

54 And away they all flew, like the down of a thistle:

55 But I heard him exclaim, ere he drove out of sight –

56 Happy Christmas to all, and to all a good night.

Online text copyright © 2005, Ian Lancashire for the Department of English, University of Toronto. Published by the Web Development Group, Information Technology Services, University of Toronto Libraries. Be sure to visit this site for more information on this poem, on Maj. Livingston, and on poetry in general.

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Anti-Saloon League, December 8, 1921

December 8, 2015

The Anti-Saloon League held many large meetings in their campaign to bring a prohibition on alcohol consumption to the U.S. Meetings continued for a time after the 18th Amendment’s ratification, and the Volstead Act, which took effect January 17, 1920.

At the time of this meeting, in Washington, D.C., on December 8, 1921, Prohibition had been in effect for almost two years. The banner showing the number 18 probably celebrates the passage of the 18th Amendment.

Anti-Saloon League at Washington, D.C., Dec. 8, 1921. J. M. Naiman, photographer. Library of Congress image

Anti-Saloon League at Washington, D.C., Dec. 8, 1921. J. M. Naiman, photographer. Library of Congress image. Click image for a larger version.

Sadly, as much time as I spent along Pennsylvania Avenue in Washington, I can’t identify the building and location of the photo.

Political dissension crippled the League in the late 1930s, partly caused by the Leagues attacks on drinking by ethnic groups, such as Germans, and hostility towards Catholics; at one point the League seemed allied with the Ku Klux Klan.

Eventually moving from Washington to Westerville, Ohio, where it had a legendarily large publishing house cranking out anti-drinking pamphlets, the League still exists today as the American Council on Alcohol Problems.

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October 9, 2015 – St. Denis’s Day, patron saint for those who have lost their head

October 8, 2015

Dear Reader: My apologies. As Cecil might say, we’ve been fighting ignorance since 1974, and it’s taking longer than we thought.  My hopes to retire this post have not been realized.  Heck, it doesn’t even need much editing from past years. Saints save us, please!

We might pause to reflect, too:  Recent years have seen the media rise of actual beheadings.  This practice, which now strikes many of us as barbaric, occurs in reality as well as memory and literature; unlike St. Denis, those beheaded do not usually carry on to do anything at all; like St. Denis, they are martyred. Vote well in your local elections, and national elections.  Your vote should be directed at preventing anyone’s losing their head, even just figuratively.

October 9 is the Feast Day of St. Denis.

Who?  He’s the patron saint of Paris (and France, by some accounts), and possessed people.   Take a look at this statue, from the “left door” of the Cathedral of Notre Dame  in Paris (Cathédrale Notre-Dame de Paris: portail de gauche).  He was martyred by beheading, in about 250 C.E.

English: Cathédrale Notre-Dame de Paris: porta...

St. Denis greets vistors to the Cathedral of Notre Dame, Paris (Cathédrale Notre-Dame de Paris: portail de gauche)

Our trusty friend Wikipedia explains:

According to the Golden Legend, after his head was chopped off, Denis picked it up and walked two miles, preaching a sermon the entire way.[6] The site where he stopped preaching and actually died was made into a small shrine that developed into the Saint Denis Basilica, which became the burial place for the kings of France. Another account has his corpse being thrown in the Seine, but recovered and buried later that night by his converts.[2]

Clearly, he is the guy to pray to about Donald Trump, Ben Carson, Rush Limbaugh, Todd Akin, Paul Ryan, intelligent design, and the Texas State Board of Education, no?  In 2013, we added Ted Cruz, Mike Lee, Louis Gohmert, the entire Tea Party, and the entire GOP crew of the House of Representatives.  You catch my drift.

Perhaps you can use this factoid to some advantage, enlightenment, and perhaps humor.  In Catholic lore, St. Denis is one of the “14 Holy Helpers,” and his aid is sought to help people with headaches, or who have been possessed.

Crazy GOP members who I suspect of having been possessed give me and America a headache.  St. Denis seems to be our man. Or saint.

Who else do you know of in this modern, vexatious time, who keeps talking after losing his/her head?

As Rod Stewart sang, just “let your imagination run wild.”  Maybe St. Denis is listening.

More:

Statue to St. Denis, in Cluny

Another portrayal, in sculpture, of St. Denis. Notice how this one’s face doesn’t really look like the one above? Ouvre du Musée de Cluny, Wikipedia photo by Guillaume Blanchard (Aoineko), June 2001, FinePix 1400Z.

Yes, this is mostly an encore post. I had hoped to have to retire this post someday.  I still hope.  Perhaps this will be the last year we’ll have so many wackaloons running loose. Pray to St. Denis.


October 5, 1964: Heart of Atlanta Motel asked Supreme Court for right to discriminate

October 5, 2015

PG posted this photo in one of his collections at Chamblee54:

Heart of Atlanta Motel, 1956 - Special Collections and Archives,Georgia State University Library

Heart of Atlanta Motel, 1956 – Special Collections and Archives,Georgia State University Library

I wondered whether this is the motel in the case testing the 1964 Civil Rights Act — and sure enough, it is.  The case was decided, finally, by the U.S. Supreme Court in 1964, Heart of Atlanta Motel, Inc., v. United States, 379 U.S. 241 (1964) .

This important case represented an immediate challenge to the Civil Rights Act of 1964, the landmark piece of civil rights legislation which represented the first comprehensive act by Congress on civil rights and race relations since the Civil Rights Act of 1875. For much of the 100 years preceding 1964, race relations in the United States had been dominated by segregation, a system of racial separation which, while in name providing for “separate but equal” treatment of both white and black Americans, in truth perpetuated inferior accommodation, services, and treatment for black Americans.

During the mid-20th century, partly as a result of cases such as Powell v. Alabama, 287 U.S. 45 (1932); Smith v. Allwright, 321 U.S. 649 (1944); Shelley v. Kraemer, 334 U.S. 1 (1948); Sweatt v. Painter, 339 U.S. 629 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950); NAACP v. Alabama, 357 U.S. 449 (1958); Boynton v. Virginia, 364 U.S. 454 (1960) and probably the most famous, Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), the tide against segregation began to turn. However, segregation remained in full effect into the 1960s in parts of the southern United States, where the Heart of Atlanta Motel was located, despite these decisions.

The Atlanta Time Machine, a great collection of photos in the history of Atlanta and Georgia, has more photos, and this description of the site:

The Heart of Atlanta motel, located at 255 Courtland Street NE, was owned by Atlanta attorney Moreton Rolleston Jr.  Rolleston, a committed segregationist, refused to rent rooms at his hotel to black customers.  Upon passage of the Civil Rights Act of 1964, Rolleston immediately filed suit in federal court to assert that the law was the result of an overly broad interpretation of the U.S. Constitution’s commerce clause.  Rolleston represented himself in the case, HEART OF ATLANTA MOTEL, INC. v. UNITED STATES ET AL., which  went all the way to the United States Supreme Court.  Rolleston lost when the Supreme Court ruled that Congress was well within its powers to regulate interstate commerce in such a manner.  The Hilton Hotel now stands on the former site of the Heart of Atlanta Motel.

Texts in law school rarely have illustrations.  I know the motel mostly as a citation on pages of text, great grey oceans of somnambulent text.  This case is important in civil rights, though it is mentioned almost never in history texts.  What are these cases really about?  These photos offer us insight.

The Heart of Atlanta Motel aspired to greatness in the late 1950s and 1960s — evidenced by this publicity flyer photo from the Atlanta Time Machine; notice the flag flying for the motel’s Seahorse Lounge (Atlanta is landlocked):

Heart of Atlanta Motel publicity photo - Atlanta Time Machine

Heart of Atlanta Motel publicity photo – Atlanta Time Machine; not just a podunk “motor lodge,” but a “resort motel.”  Click for larger image.

For the 1960s, this place offered great amenities, including two swimming pools and in-room breakfast service.

Flyer for the Heart of Atlanta Motel, circa 1960 - Atlanta Time Machine image

Flyer for the Heart of Atlanta Motel, circa 1960 – Atlanta Time Machine image

This photo is amusing — I can just imagine the difficulties of launching a motor boat of this size in one of the swimming pools, obviously for a publicity stunt.  The photo is dated February 27, 1960, in the Pullen Library Collection.

Boat in the pool at the Heart of Atlanta Motel, 1960 - Atlanta Time Machine image

Boat in the pool at the Heart of Atlanta Motel, 1960 – Atlanta Time Machine image

To compare how times have changed, you may want to look at this aerial photo of the area, including the Heart of Atlanta Hotel, and compare it with modern photos which show the Hilton Hotel that replaced the property.

Rolleston appears to have had a big ego.  As noted above, he represented himself in this case, and he argued it in the Supreme Court.  Here’s a picture from about that time, from the University of Missouri-Kansas City Law School “Famous Trials” site:

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court - UMKC Law School image

Moreton Rolleston, Jr., owner of the Heart of Atlanta Motel and the attorney who argued the case at the Supreme Court – UMKC Law School image; photo: Wayne Wilson/Leviton-Atlanta

You may decide for yourself whether this fits the old legal aphorism that a lawyer who represents himself in a case has a fool for a client.  The Oyez site at the University of Chicago provides access to the audio of the oral arguments.  Did Rolleston argue ably?  Rolleston argued against Archibald Cox, who went on to fame in the Watergate scandals.  This appears to have been Rolleston’s only appearance before the Supreme Court; it was Cox’s ninth appearance (he argued 20 cases before the Court in his career, several well known and notable ones).

Heart of Atlanta vs. United States was argued on October 5, 1964The opinion was issued on December 14, 1964, a 9-0 decision against Rolleston and segregation authored by Justice Tom C. Clark (one of Dallas’s earliest Eagle Scouts).

This was a fight Mr. Rolleston picked.  He was not cited nor indicted for violation of the Civil Rights Act, but instead asked for an injunction to prevent the law’s enforcement; according to the published decision,

Appellant, the owner of a large motel in Atlanta, Georgia, which restricts its clientele to white persons, three-fourths of whom are transient interstate travelers, sued for declaratory relief and to enjoin enforcement of the Civil Rights Act of 1964, contending that the prohibition of racial discrimination in places of public accommodation affecting commerce exceeded Congress’ powers under the Commerce Clause and violated other parts of the Constitution. A three-judge District Court upheld the constitutionality of Title II, §§ 201(a), (b)(1) and (c)(1), the provisions attacked, and, on appellees’ counterclaim, permanently enjoined appellant from refusing to accommodate Negro guests for racial reasons.

Oyez summarizes the case question:

Facts of the Case 

Title II of the Civil Rights Act of 1964 forbade racial discrimination by places of public accommodation if their operations affected commerce. The Heart of Atlanta Motel in Atlanta, Georgia, refused to accept Black Americans and was charged with violating Title II.

Question 

Did Congress, in passing Title II of the 1964 Civil Rights Act, exceed its Commerce Clause powers by depriving motels, such as the Heart of Atlanta, of the right to choose their own customers?

The decision turned on the commerce clause, and the reach of Congressional power to regulate interstate commerce.

Decision: 9 votes for U.S., 0 vote(s) against
Legal provision: Civil Rights Act of 1964, Title II

The Court held that the Commerce Clause allowed Congress to regulate local incidents of commerce, and that the Civil Right Act of 1964 passed constitutional muster. The Court noted that the applicability of Title II was “carefully limited to enterprises having a direct and substantial relation to the interstate flow of goods and people. . .” The Court thus concluded that places of public accommodation had no “right” to select guests as they saw fit, free from governmental regulation.

Good decision. As my law professors described it, Americans enjoy the right to travel, a penumbral right of the Constitution. Inherent in that right is the right to rest in a hotel or motel at the end of the day, especially along a federally-funded highway, part of the U.S. Highway system or National Defense Interstate Highway System.

Heart of Atlanta Motel is gone.  The site is occupied by the Hilton Atlanta, today.

Interstate travel, and sleeping in hotels, continues.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Typewriter of the moment: Birthday boy William Faulkner

September 25, 2015

Faulkner at typewriter, Aug 12, 1954 - AP Photo, ShelfLife

William Faulkner at his typewriter, August 12, 1954, at his home in Oxford, Mississippi. Associated Press photo, via ShelfLife

William Faulkner at his typewriter, August 12, 1954, at his home in Oxford, Mississippi. Associated Press photo.

The photo was probably posed; the two books to the left of the typewriter are Faulkner books. Faulkner may have written in a pressed shirt and tie, but I doubt it.

Faulkner won the Nobel Prize for Literature in 1950, and delivered a memorable speech about “the human condition” and the importance of art, especially poetry and prose, at his acceptance. His 1954 book, A Fable, won both the National Book Award and the Pulitzer Prize for Fiction, in 1955.

The typewriter is a Royal KHM.

Faulkner was born September 25, 1897 — 2015 marks the 118th anniversary of his birth.

“The past is never dead. It’s not even past.”

—Gavin Stevens

Act I, Scene III, Requiem for a Nun, by William Faulkner

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