A portrait of Dr. Arthur H. Fauset, who, in 1937, was told he would not be served in the dining room of the Penn-Harris Hotel, Harrisburg, Dauphin County, Pennsylvania. Fauset, who received his doctoral degree from the University of Pennsylvania, was a prominent educator in Philadelphia and was the author of several books on Black history. He was one of the leaders in the fight to strengthen and enforce Pennsylvania’s Equal Rights Law of 1935.
In late March 1937, approximately 100 Pennsylvania teachers went to Harrisburg in support of enacting the Teacher Tenure Bill, Among the group were Black teachers from Philadelphia. When the teachers went to dinner at the Penn-Harris Hotel Dining Room, the Black teachers were denied service by the assistant manager. The white associates of the Black teachers then boycotted the hotel. The next day, the Black teachers, led by Dr. Arthur H. Fauset, filed criminal discrimination suits against the hotel’s manager and assistant manager. The suits were considered to be tests of whether the State’s law for equal rights was Constitutional and whether it could be effectively enforced. Eventually, only one of the cases went to trial which was settled by the Dauphin County jury acquitting the hotel manager, but he was directed to pay the costs of the prosecution, a sum of $355.70.
Dauphin County juries were composed of residents from all parts of the county, including the Upper End. This case involved a Grand Jury, which brought charges against both the manager and assistant manager, and a Petit Jury, which delivered the acquittal verdict in the case of the manager. The available newspaper articles for this affair did not include the names or the residences of the jury members.
A more complete version of the story can be obtained from the newspaper articles, the texts of which are given below:
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From the Philadelphia Inquirer, March 23, 1937:
NEGRO TEACHER PLANS EQUAL RIGHTS LAW TEST
Special to the Inquirer
HARRISBURG, March 22 [1937] — Pennsylvania’s Equal Rights Law faced a legal test as a result of the charge that the Penn-Harris Hotel tonight refused to serve food to a group of Philadelphia Negro school teachers, who came here with 100 other teachers to urge enactment of the Teachers Tenure Bill.
Arthur H. Fauset, Negro principal of the Singerly Public School, 22nd and Berks Streets, Philadelphia, said he would swear out a warrant tomorrow charging the hotel manager with violation of the Equal Rights Law.
Refusal of the hotel to serve the Negro teachers resulted in their white associates declaring a boycott on the hotel. Fauset said he and four other Negro teachers were refused service at the hotel after they entered the dining room. Fauset complained to George Stauffer, assistant manager, who, teachers said, said he was sorry he could not serve them.
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From the Harrisburg Evening News, March 23, 1937:
FILE SUITS UNDER EQUAL RIGHTS LAW
On the basis of the equal rights bill, suits were filed today against Franklin Moore, manager, and George Stauffer, assistant manager, of the Penn-Harris Hotel, by two Philadelphia school teachers in behalf of several Negro teachers who were repeatedly denied the right to dine at the hotel last night.
Those brining suits for damages before Alderman John H. Shaner are Mrs. Minerva Waldbaum, of the Vare Junior High School, and Samuel Drasin of the Central High School.
The management of the hotel was criticized last night by two members of the State House of Representatives, who alleged that the hotel refused to serve Negro school teachers to urge the passage of the teachers’ tenure of office bill.
Representative Marshall L. Shepherd, of Philadelphia, said that the Negro teachers came here for a dinner conference, but were told, he added, that it was not the custom of the hotel to serve them.
Shepherd’s statement was supported by Representative Al Tronzo, of Allegheny, who said that if the equal rights bill passed here two years ago lacks teeth, the teeth should be added.
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From the Harrisburg Telegraph, March 24, 1937:
HEARING WAIVED
Waiving their hearings last night before Alderman John H. Shaner, Franklin Moore and George W. Stauffer, manager and assistant manager respectively of the Penn-Harris Hotel, furnished $300 surety each pending court action. The hotel officials are accused of violating the Civil Rights Bill of 1935 by two Philadelphia residents who charged they refused to serve six Negro school teacher who came here Monday night to attend a legislative hearing on a teachers’ tenure bill.
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From the Harrisburg Evening News, June 3, 1937:
QUESTION LEGALITY OF EQUAL RIGHTS LAW
Constitutionality of Pennsylvania’s equal rights’ bill was raised in Dauphin County Court this afternoon on motions asking that indictments against Franklin Moore, manager of the Penn-Harris Hotel, and George W. Stauffer, assistant manager, be quashed. Both Moore and Stauffer were indicted by the grand jury this morning for alleged violations of the bill.
The petition sets forth that the act is unconstitutional because the title does not give sufficient notice of the provisions of the act and does not specify whether violations of its provisions are felonies or misdemeanors.
As a result of the petition, the cases against Moore and Stauffer were continued and the petition for the quashing of the indictments was placed on the argument list.
The charges against the manager and his assistant are the result of the alleged refusal of the hotel management to accommodate a number of Negro teachers who came here to interest members of the State legislature in a teacher tenure bill, then before the Legislature.
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From the Harrisburg Evening News, June 5, 1937:
EQUAL RIGHTS BILL TO BE ARGUED ON JUNE 16
The constitutionality of the Equal Rights Bill, passed by the State Legislature two years ago, will be argued at the next session of dauphin County argument court on June 16.
The question was raised by Nauman, Smith and Hurlock, counsel for Franklin Moore, manager, and George W. Stauffer, assistant manager of the Penn-Harris Hotel, who were indicted by the grand jury Thursday, because of their alleged refusal to accommodate a number of Negro teachers in the hotel recently when the teachers came to this city.
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From the Harrisburg Evening News, December 8, 1937:
EQUAL RIGHTS BILL IS ARGUED
The constitutionality of the Equal Rights Bill was raised in argument in the Dauphin County Court today in the motion to quash indictments against Franklin Moore, manager, and George W. Stauffer, assistant manager, of the Penn-Harris Hotel for their alleged refusal to serve Negro teachers of Philadelphia who came here early this year to work in behalf of the new teachers’ tenure act.
Contending the civil rights bill does not mean social rights, counsel for the hotel advanced several points in support of his motion to quash the indictment. He argued the title of the act is not adequate because the violations, their nature, the proper court of jurisdiction and that penalty must follow conviction are not indicated in the title. He attacked the informations, because, he said, they did not specify that the place is a public place and that there were sufficient accommodations at the hotel at the time it was alleged the service was denied.
Counsel in behalf of the of the Pennsylvania Hotelmen’s Association also argued for the defense.
A lawyer for for the prosecution of the cases contended constitutionality of the Equal Rights Bill of 1887 was upheld by the courts, and the 1935 amendment merely specifies the various agencies liable and increases the penalty from a fine of $50 to $100 to a fine of $100 to $500 and or imprisonment from thirty to ninety days.
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From the Harrisburg Evening News, September 16, 1938:
CONTINUE HOTEL CASE
The Dauphin County Court today continued until the January sessions of Criminal Court the trial of Franklin Moore, manager of the Penn-Harris Hotel, who is charged with violating the so-called Equal Rights Act, by refusing to accommodate at the hotel a number of Negro teachers.
The charges were preferred against Moore and his assistant, George W. Stauffer, but the court quashed the indictment against Stauffer and refused to quash the indictment against Moore.
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From the Harrisburg Telegraph, December 14, 1938:
HOTELMAN CLEARED OF RIGHTS CHARGE
A jury in Dauphin County Court today acquitted Franklin Moore, manager of the Penn-Harris Hotel, of violating the equal rights law. He was directed to pay the costs of the prosecution, amounting to $355.70.
The jury agreed on a verdict at 4:45 a. m. after 12 hours of deliberation and reported the finding at the opening of court.
The case involved the claim of a group of Philadelphia school teachers that they were refused service in the grill of the hotel last March.
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The portrait of Dr. Fauset is from Representations.
News articles are from Newspapers.com.
Corrections and additional information should be added as comments to this post.
[African American]