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Tulsa-Greenwood Race Riot Claims Accountability Act of 2007

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Tulsa-Greenwood Race Riot Claims Accountability Act of 2007 TULSA-GREENWOOD RACE RIOT CLAIMS ACCOUNTABILITY ACT OF 2007 HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION ON H.R. 1995 APRIL 24, 2007 Serial No. 110–19 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 34–924 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 COMMITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California MARTIN T. MEEHAN, Massachusetts CHRIS CANNON, Utah WILLIAM D. DELAHUNT, Massachusetts RIC KELLER, Florida ROBERT WEXLER, Florida DARRELL ISSA, California LINDA T. SA´ NCHEZ, California MIKE PENCE, Indiana STEVE COHEN, Tennessee J. RANDY FORBES, Virginia HANK JOHNSON, Georgia STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas ANTHONY D. WEINER, New York JIM JORDAN, Ohio ADAM B. SCHIFF, California ARTUR DAVIS, Alabama DEBBIE WASSERMAN SCHULTZ, Florida KEITH ELLISON, Minnesota PERRY APELBAUM, Staff Director and Chief Counsel JOSEPH GIBSON, Minority Chief Counsel SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES JERROLD NADLER, New York, Chairman ARTUR DAVIS, Alabama TRENT FRANKS, Arizona DEBBIE WASSERMAN SCHULTZ, Florida MIKE PENCE, Indiana KEITH ELLISON, Minnesota DARRELL ISSA, California JOHN CONYERS, JR., Michigan STEVE KING, Iowa ROBERT C. SCOTT, Virginia JIM JORDAN, Ohio MELVIN L. WATT, North Carolina STEVE COHEN, Tennessee DAVID LACHMANN, Chief of Staff PAUL B. TAYLOR, Minority Counsel (II) VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00002 Fmt 5904 Sfmt 0486 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 C O N T E N T S APRIL 24, 2007 TEXT OF BILL Page H.R. 1995, the ‘‘Tulsa-Greenwood Race Riot Claims Accountability Act of 2007’’ ..................................................................................................................... 2 OPENING STATEMENT The Honorable Jerrold Nadler, a Representative in Congress from the State of New York, and Chairman, Subcommittee on the Constitution, Civil Rights, and Civil Liberties .................................................................................. 7 The Honorable Trent Franks, a Representative in Congress from the State of Arizona, and Ranking Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties .................................................................................. 7 The Honorable John Conyers, Jr., a Representative in Congress from the State of Michigan, Chairman, Committee on the Judiciary, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............. 8 WITNESSES Mr. Alfred L. Brophy, Ph.D., Professor of Law, University of Alabama School of Law Oral Testimony ..................................................................................................... 12 Prepared Statement ............................................................................................. 14 Mr. John Hope Franklin, Ph.D., Professor of Psychology (Retired), Fordham University Oral Testimony ..................................................................................................... 24 Prepared Statement ............................................................................................. 26 Ms. Olivia Hooker, Ph.D., James B. Duke Professor Emeritus of History, Duke University School of Law Oral Testimony ..................................................................................................... 31 Prepared Statement ............................................................................................. 32 Mr. Charles J. Ogletree, Jr., Director, Charles Hamilton Houston Institute for Race and Justice, Harvard Law School Oral Testimony ..................................................................................................... 33 Prepared Statement ............................................................................................. 35 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Prepared Statement of the Honorable Steve Cohen, a Representative in Con- gress from the State of Tennessee, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties .................................................. 10 APPENDIX Material Submitted for the Hearing Record .......................................................... 67 (III) VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00003 Fmt 5904 Sfmt 5904 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00004 Fmt 5904 Sfmt 5904 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 TULSA-GREENWOOD RACE RIOT CLAIMS ACCOUNTABILITY ACT OF 2007 TUESDAY, APRIL 24, 2007 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES, COMMITTEE ON THE JUDICIARY, Washington, DC. The Subcommittee met, pursuant to notice, at 10:12 a.m., in Room 2141, Rayburn House Office Building, the Honorable Jerrold Nadler (Chairman of the Subcommittee) presiding. Present: Representatives Nadler, Wasserman Schultz, Ellison, Conyers, Scott, Watt, Cohen, Jackson Lee, Waters, Franks, Pence, and Issa. Staff present: Keenan Keller, Majority Counsel; David Lachmann, Majority Staff Director; Paul Taylor, Minority Counsel; and Susana Gutierrez, Professional Staff Member. Mr. NADLER. Good morning. This hearing of the Subcommittee on the Constitution, Civil Rights, and Civil Liberties will come to order. I am pleased to welcome you today to this hearing of the Sub- committee on the Constitution, Civil Rights, and Civil Liberties on the subject of the Tulsa-Greenwood Race Riot Accountability Act of 2007, which was introduced yesterday by Chairman Conyers. [The bill, H.R. 1995, follows:] (1) VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6601 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 2 I 110TH CONGRESS 1ST SESSION H. R. 1995 To provide a mechanism for a determination on the merits of the claims brought by survivors and descendants of the victims of the Tulsa, Okla- homa, Race Riot of 1921 but who were denied that determination. IN THE HOUSE OF REPRESENTATIVES APRIL 23, 2007 Mr. CONYERS (for himself and Mr. NADLER) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide a mechanism for a determination on the merits of the claims brought by survivors and descendants of the victims of the Tulsa, Oklahoma, Race Riot of 1921 but who were denied that determination. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Tulsa-Greenwood Race 5 Riot Claims Accountability Act of 2007’’. 6 SEC. 2. FINDINGS. 7 The Congress makes the following findings: VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00006 Fmt 6633 Sfmt 6601 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 1 HR1995.AAB 3 2 1 (1) In 1921, Greenwood (a community in 2 Tulsa, Oklahoma) was one of the most prosperous 3 African American communities in the United States. 4 Serving over 8,000 residents, Greenwood’s commer- 5 cial district was known nationally as the ‘‘Negro 6 Wall Street’’. The community boasted two news- 7 papers, over a dozen churches, and hundreds of Afri- 8 can American-owned businesses. 9 (2) On the evening of May 31, 1921, the Afri- 10 can American Greenwood community of Tulsa, Okla- 11 homa, was ravaged by a white mob. By the conclu- 12 sion of the riot at midday, June 1, virtually every 13 building in a 42-square-block area of the commu- 14 nity—homes, schools, churches, and businesses—was 15 burned to the ground and thousands were left home- 16 less. Over 1,200 homes were destroyed. Every 17 church, school, and business in Greenwood was set 18 on fire. Approximately 8,000 African Americans 19 were left homeless and penniless. Unable to rebuild, 20 thousands of residents spent the winter of 1921- 21 1922 in tents. 22 (3) Credible evidence supports the belief that 23 up to 300 African Americans were killed during the 24 riot. As many victims were buried in unmarked 25 graves, an exact accounting is impossible. •HR 1995 IH VerDate 0ct 09 2002 12:09 Jul 31, 2007 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6601 H:\WORK\CONST\042407\34924.000 HJUD1 PsN: 34924 HR1995.AAC 4 3 1 (4) In the wake of the white mob destruction of 2 the Greenwood District, a State-convened grand jury 3 officially placed responsibility for the violence on the 4 African-American community, exonerating whites of 5 all responsibility. Neither the State nor the city
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