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2011 Maryland Lawyers Who Helped Shape the Constitution: Father of Freedom - Charles Hamilton Houston José F. Anderson University of Baltimore School of Law, [email protected]

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Recommended Citation Maryland Lawyers Who Helped Shape the Constitution: Father of Freedom - Charles Hamilton Houston, 44 Md. B.J. 5 (2011)

This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. Volume XLIV • Number 4 July/August 2011

DiVersitv In The legal Profession

Electronic copy available at: http://ssrn.com/abstract=1905132

Maryland lawyers Who Helped Shape the Constitutio Father of Freedom ­ Charles Hamilton Houston

By Jose' Felipe' Anderson

For most Americans Charles Hamilton Houston is barely a foot­ note in history. Born in 1896, this Phi Beta Kappa graduate of Amherst College and Harvard educated African-American lawyer went on to win eight of nine cases in the United States Supreme Court. He designed the legal strategy for the historic Brown v. Board of Education decision, Brown v. Board of Edue. 347 U.S. 483 (1954). He was the first African American to be elected to the Harvard Law Review and the first to earn the degree Doctor of Juridical Science Degree.

July 2011 MARYLAND BAR JOURNAL By 1950 he would be laid to rest, to meet other important lawyers like At the time of the case Houston exhausted by his brutal multi-state the legendary Clarence Darrow and would urge members of the black law reform agenda that was the hall­ Felix Frankfurter. community to show up in court to mark of his 25 year legal career. He Marshall would follow his men­ support the case dressed in their would not live to see his efforts to tor's lead and become one of the "Sunday best" to help the press take eliminate racial discrimination from founders of the Monumental City Bar interest in its importance. For that the face of the nation's law books com­ Association, a group ofBlack attorneys task he called upon the local NAACP pleted. Along the way he would work organized at a time when Blacks were branch president Lillie M.Carroll with several legendary Maryland law­ not allowed to join either theAmerican Jackson and her daughter Juanita yers in cases that were the blueprint Bar Association or the Maryland State Jackson who became NAACP's for dismantling the sinister practice Bar Association. National Youth Director. Houston known as "Jim Crow" that poisoned Charles Houston's father, attor­ worked close! y with the energetic and the nation's ideal of equal justice ney William LePre' Houston 'was courageous Juanita when they were under law. one of the founders of the National both at the NAACP national office. TheMarylandcourtswereHouston's Bar Association and became its He sent her to Scottsboro. Alabama laboratory. This native of Washington President once during the 19305. in the 1930s to meet on behalf of the D.C. took many short drives and train Charles Houston helped start a simi­ organization with the defendants in trips to Maryland to do legal battle. In lar organization, the Washington Bar the famous "Scottsboro Boys" cases, all, Houston was lead or co-counsel AssociationintheDistrictofColumbia. where several young black men were in over a dozen precedent setting These associations became invalu­ falsely accused of raping two white cases in Maryland appellate courts. able when later; Charles Houston women while all were hitch-hiking Because the District of Columbia was would need local lawyers to file civil on a freight train. not a state, Houston needed Maryland rights cases. When Houston left the Houston would encourage Juanita to reform equal protection under the Deanship of Howard Law School to to go the law school where she became 14th amendment to the United States become the National Association for the first African American women to Constitution. His goal was to overturn the Advancement of Colored People's attend the University of Maryland the flawed "separate but equal" doc­ (NAACP) first Chief Legal Counsel, and the first to be an Editor of its law trine announced in Plessy v. Ferguson he took Marshall with him to its New review. She would later become one of 163 U.S. 537 (1896). York headquarters. Maryland's greatest lawyers, working Baltimore born Thurgood Marshall It was from the NAACP natiofr­ on many precedent setting civil rights was Houston's star pupil. He would al office that Marshall, Houston and cases of her own. personally train and mentor him to another African American lawyer from She would marry Clarence M. spearhead the battle against racial Baltimore named William I. Gosnell Mitchell, .Jr. who would serve for injustice. Marshall, of course, would would successfully litigate the case many years as the top lobbyist for the ultimately serve the nation as its first of Donald Gaines Murray who was NAACP. Oarence Mitchell would also African American Solicitor General denied admission to the University of work closely with Houston on many and United Stated Supreme Court Maryland law school. In a stunning national civil rights issues in congress. Justice. When Houston was Dean of victory after a trial in a Baltimore City Mitdtell. the lawyerI lobbyist, would Howard University law school he courtroom, Judge Eugene Q'Dunne beaJme known as the 101't Senator as took notice of Marshall's potential ordered the University to admit heguided the nation's most important and began to teach him the legal Murray in what was the NAACP's civil rights legislation through con­ craftsmanship that would transform first major legal victory over racial dis­ gress during the 19608 culminating in civil rights law. He got Marshall a crimination with Houston in charge of thesigning of the Civil Rights Act and job in the school's law library that its legal campaign. The University the ~g Rights Act by President allowed him more time to study and would appeal to the State's appellate 4tIdon B. JohnsDn. The historic court­ pay for his daily train rides from court, but the trial judge's order was house in downtown Baltimore where his Baltimore home. He would take upheld. Pearson v, Murray, 182 A. 183 the Murrav case was won now bears Marshall with him to court cases and (Md. 1936). the name Oarence M.Mitchell Jr.

6 MARYLAND BAR JOURNAL July 2011 Years after Houston's death Juanita ally become the first African American Catbird's Seat (Maryland Historical Jackson Mitchell would be part of the Chief Judge of Maryland's highest Society) p.322 (1988). legal team representing a teenager court., the Court of Appeals. During the 1930s Marshall and named Robert Mack Bell in a famous William Marbury, a partner in one Houston would also represent downtown Baltimore lunch counter of Maryland's greatest law firms CommW1ist lawyer Bernard Ades in sit-in case that would go all the way would encounter Charles Houston his disbarment proceedings for trou­ to the United States Supreme Court. while representing the Calvert County ble Ades allegedly stirred up during Bell v. Maryland, 378 U.s. 226 (1963). school board in law suits involving the death penalty trial of Euel Lee, on That team also included Robert B. teacher pay equality. White teachers Maryland's eastern shore. Lee was Watts who spent the summer of 1948 were paid twice as much as black accused of killing the members of a law clerking for Charles Houston. teachers serving in the same positions White family he worked for in Berlin, Watts would become a well respect­ during the 1930s. After litigation was Maryland. Ades persuaded Lee to ed Baltimore Circuit Court Judge. filed, the case was ultimately settled. bequeath Ades his body before Lee's A prosecutor in the case, Robert C. Although Thurgood Marshall played imminent execution, taking it to New Murphy would go on to be the Chief a key role in many of the teacher pay York to display. Ades purpose was Judge of Maryland. suits across the state, William Marbury to raise funds for the International Today the state's Courts of Appeal recalls that it was Houston who guid­ Labor Defense, the legal representa­ Building bears his name. In a touch ed the ultimate outcome. In his mem­ tion arm of the Communist Party, that of extreme irony, Robert Bell, among oir Marbury would write that he was often defended black defendant's free the Morgan State College students "deeply impressed by Dr. Houston's of charge. arrested in that protest would go on handling of this very delicate situ­ Houston saved Ades law license. to Harvard Law School and eventu- ation." William L. Marbury, In the Houston would argue that Ades' zeal

8 MARYLAND BAR JOURNAL July 2011 in representing a black defendant in a racially charged case deserved some consideration. Judge Soper would rule, "Taking into consideration the unquestioned service rendered in the Lee case, the injuries which the respondent suffered at the hands of lawless men while acting as counsel in that case, and the fact that he has already suffered a suspension from the bar of this court for approximately five months, it is believed that a public reprimand will suffice". In Re: Ades 6 F. Supp. 467(Md.1934). In another case Houston would rejoin Baltimore lawyers William Gosnell, Dallas Nicholas, the local branch of the American Civil Liberties Union and plaintiff Arnett Murphy of the Baltimore Afro American newspaper family in a lawsuit over Baltimore's segregated golf courses. See, Durkee v. Murphy, 29 A2d. 253 (Md. 1943). The golf course law suits would not be resolved until nearly five later in federal court in Law v. Baltimore, 78 F. Supp. 346 (Md.1948) when a federal judge would rule that Baltimore's separate accommodations for Black golfer's were unequal. Houston would further fight suc­ cessfully against discriminatory employment practices inthe city's pub­ lic library system, Kerr v. Enoch Pratt Free Library, 149 F.2d. 505 (D.C.212 (4th Cir.1945); residential hOUSing restric­ tive covenants, Goetz v. Smith, 62 A2d 602 (Md. 1948); and fight dis­ crimination at the Maryland Institute College of Art, Norris v. Baltimore, 78 F. Supp.451 (D. Md. 1949). In the Norris case, Houston was joined by local lawyers Fred Weisgal, O. Levin, and W.AC. Hughes who were assisted by a promising Harvard law student named Melvin Sykes. Weisgal would fight many other civil rights cases in the Maryland Courts

July 2011 MARYLAND BAR JOURNAL 9 did not prevail, the appellate record of the case demonstrates a keen use of engineers, public documents and expert witness that would rival any modern complex litigation. Working with him on that case was another promising law student on his summer break named Milton B. Allen. After graduating from law school, Allen would be a founder of the first predominantly African American law firm in downtown Baltimore, Brown, Allen, Watts, Murphy, Russell and Dorsey. The firm would become the first to inte­ grate its legal staff with the hiring of associate Stephen Harris in the early 1960' s. Harris would later become Maryland's State Public Defender. Milton Allen would be elected the first African American State's Attorney in Baltimore City in1970 and the first to hold the job of chief prosecutor in any major U.s. city. He would later serve as a Circuit Court judge. In a 1976 interview Milton Allen would describe Houston as a brilliant man who was far ahead of his time. In 1947 Houston would join forces with local attorney WilliamH. Murphy Sr. in the representation of Eugene and the Supreme Court of the United eral well known middle class African James in a death penalty case involv­ States, several on behalf of the ACLU. -American families who lived on ing the tragic murder of an eleven Hughes would work on many civil Druid Hill Avenue and McCullough year old girl in Northwest Baltimore rights cases with Houston. streets in Baltimore. The basis of City. James v. State, 65 A.2d. 888 (Md. Melvin Sykes who has had an out­ the law suit was the City's plan to 1949). Attempting to establish what standing career as one of Maryland change those streets from "two way" could be described as a "diminished greatest litigators remembers his to "one way" streets, placing what capacity defense" the legal team time with Charles Houston fondly, Houston would describe as a "super­ called five mental health experts and describing the legendary attorney as highway" through the City's most used for the first time in Maryland extremely bright, pleasant with an important African American commu­ history the Rorschach ink blot test in understated sense of humor. "I was nity. Chisell v. Mayor of Baltimore, their defense strategy. They battled in proud to have worked with him", 69 A.2d 53 (Md.1949). Houston the case against an outstanding team Sykes said in a summer 2009 tele­ attempted to use taxation and due of trial lawyers that included lead phone interview. process arguments to show that the counsel Anselm Sodaro and Allan In what could be described as one of community had no way to protest Hamilton Murrell. the first environmental racism cases, the change that had ::I great effect The strategy did not prevail but at Houston filed suit on behalf of sev- on their safety. Although Houston the conclusion of the case Judge M.

10 MARYLAND BAR JOURNAL July 2011 Herman Moser commented that no than accepting a scholarship to a seg­ credit would be enough. William O. finer lawyer than Houston had ever regated school out of state. Douglas, the longest serving Justice appeared in his courtroom. Sodaro McCready v. Byrd, 73 A.2d 73 A.2d in United States Supreme Court his­ won many high profile prosecutions 8 (Md.1949). In that case he was co­ tory would say that he was one of the and served for many years with great counsel with Donald Gaines Murray, finest lawyers to ever appear before distinction as a Baltimore County the very same man who he had fought the Supreme Court. The Howard Circuit Court judge. The Maryland to get admitted to Maryland law University School of Law Building State Bar Association has honored his school fifteen years earlier as NAACP is named for Houston and the school memory with an award for judicial chief Counsel. is currently lead by Baltimore native civility in his name. After a brilliant Sadly, Houston died of heart and former Mayor Kurt L. Schmoke career as a defense attorney follow­ failure a few days after McCready who is now its Dean. The University ing the James trial, Murrell was called brought him news of the victory to of Baltimore has presented several upon to establish the first statewide his hospital room. Houston's nation­ lifetime achievement awards in liti­ public defender system in the 1970's. al impact on equal protection of gation that bear his name. In 2009 the He served as its leader for 20 years. the law is clear. Equally clear is United States Postal Service issued a In his final legal victory, Houston the impact he had on the Maryland stamp in his Honor. would leave his hospital bed in Courts and the lawyers who worked Washington D.C. to finish his battle with him to establish many of those Mr. Anderson is a Professor of Law at the University of Baltimore School of Law against "Jim Crow" that he started groundbreaking legal principles. and an Adjunct Professor of Legal Studies in a lawsuit against the University of Thurgood Marshall would say that and Business Ethics at the University of Maryland School of Nursing in down­ he was responsible for all the ground­ Pennsylvania's Wharton School. He may be reached at [email protected] town Baltimore. Esther McCready work of the NAACP's civil rights sought admission to the school rather litigation and that no amount of

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