Category Archives: Uncategorized

Emory Law in the American Context

This week (April 24–29) Emory Law School is ratcheting up the year-long observance of its centennial with a weekend celebration. The school opened its doors as the Lamar School of Law on September 27, 1916, bearing the name of Emory’s then-most-illustrious alumnus, Lucius Quintus Cincinnatus Lamar (see my post from January 1, 2016). On Saturday, the 29th, the school will honor another eminent alumnus, former US Senator Sam Nunn 62L. Former President Bill Clinton will speak at the gala dinner.

Happily, history will be remembered. The school has invited me to give a talk to alumni on Saturday afternoon, and the challenge has been finding ways to limit the storytelling to 40 minutes. There’s much to tell.

For instance, the decade of the 1930s brought to Emory Law women and men who would go on to have a profound impact on Emory, Atlanta, Georgia, and the nation. It was a decade of stars: Patricia Collins Butler 31L, Henry Bowden 32C 34L, Boisfeuillet Jones 34C 37L, Randolph Thrower 34C 36L, Ben Johnson Jr. 36C 40L.

Screen Shot 2017-04-25 at 7.53.20 AM
Patricia Collins Butler 31L. Courtesy of Stuart A. Rose Manuscript, Archives, and Rare Book Library, Emory University

Pat Butler was one of the 175 makers of Emory history celebrated during the University’s 175th anniversary in 2011. When she died at age 101, in 2009, she had left a trailblazing legacy. Although she graduated second in her class in 1931, she struggled to find a job in Atlanta but was hired to establish the antitrust library for the Department of Justice in Washington, DC. She went on to work for sixteen attorneys general, and with the case Johnson v. Shaughnessy, in 1949, she became one of the first female lawyers to argue before the Supreme Court. Together with Chief Justice Warren Burger she founded the Supreme Court Historical Society in 1974. May I add that while Emory law women were succeeding in the world, it would take Harvard Law until 1950 before it admitted its first woman, by which time Emory had graduated 25.

I can’t help wondering whether the social dislocations of the 1930s shaped the way these women and men viewed society and their responsibility for making it more just, more fair for everyone.

Just one more story for today—that of Randolph Thrower 34C 36L.

Thrower and Eisenhower
Randolph Thrower with President Eisenhower in the Oval Office. Courtesy of Stuart A. Rose Manuscript, Archives, and Rare Book Library, Emory University

If you want to hark back to the politics of a different era, consider the life and legacy of Randolph Thrower. He was a Republican in a Deep South state that had been run by Dixie Democrats since the end of Reconstruction. To get a sense of how things have changed, note that as a Republican he drafted the 1969 Tax Reform Act that raised taxes on capital gains, and he was a founding member of the Lawyers Group for Civil Rights Under Law, an organization launched by President Kennedy to provide legal support for the civil rights movement. In 1987 he was a member of the ABA’s first Commission on the Status of Women in the Profession, which was chaired by an Arkansas lawyer named Hillary Clinton—who, appropriately, was the first woman to deliver the Thrower Lecture, endowed at the law school in his honor. The enduring mark of his integrity and commitment to the rule of law, however, was his being fired as IRS Commissioner in 1971 by Richard Nixon for refusing to use the IRS as a weapon against Nixon’s enemies.

Like Pat Butler, Randolph Thrower had surpassed his own century mark by the time he died peacefully at home in 2014. Centennials abound!

Gary S. Hauk 91PhD

 

 

 

 

Never-before-seen photos!

Pardon me for trying to grab your attention à la The National Inquirer or some click-bait headline. But when I came across these images in the Rose Library, I was stunned and wanted to share them.

Ever since I first laid eyes on the tower next to the dam in Lullwater Preserve, more than thirty years ago, I have wondered what it looked like in its glory days. Below is its current condition.

lullwater-tower-2017

See here for a closer view. Note the vegetation on the far bank. Behind it and to the right of what you can see in the photo rises the Atlanta VA Hospital along with its parking decks.

Walter Candler, Emory College Class of 1907, was the youngest son of Coca-Cola founder and Emory benefactor Asa Griggs Candler. When Walter began developing his 183-acre estate in 1925, DeKalb County had not fully developed its electrical grid, and county power did not extend to the house, which Candler occupied in 1926. He thus had to generate his own power with the help of the dam that he built across the South Fork of Peachtree Creek, shown above.  Machinery within the tower cranked out electricity. The generating equipment has long since been removed, and the tower has fallen to rack and ruin.

Below is what it looked like when newly built.

lullwater-tower-circa-1930

Note the bridge over the dam, which was removed in the early 1990s because it had become hazardous. In the distance, where the VA Hospital now stands, a horse pasture spreads toward Clairmont Road. And there are two of Candler’s horses!

Most magnificently, the pointed roof sports clock faces—in case you got to wondering what time it was while fishing the stream.

The photographer who took the old photo, possibly in about 1930, turned around and then took the photo below. The dam is now to the photographer’s back.

lullwater-before-the-lake

The wooden bridge in the photo straddled a stream that flowed in from about where the road vanishes in the distance. That stream is now known as Earnest Richardson Creek, after the long-time caretaker of Candler’s estate. Beyond the stream lies a low pasture, and beyond it rises an embankment topped by a white fence. Farther still rises a hillside. Lullwater House, the English Tudor-style home that Candler built, now the home of Emory presidents since 1963, stands at the top of the high hill whose base rises up to the right of the photo.

At some point, Candler decided to dam Richardson Creek at about the lower left corner of the photo to create a lake that would fill in that far pasture. Below is the same view, taken in January 2017. The vehicles belong to an Emory Campus Services crew removing fallen trees near the dam.

lullwater-beside-the-lake-2

The photo below shows the dam that created the lake.

lullwater-beside-the-lake-2017

Note that the far bank of the lake still is topped by the dirt road that was there in the earlier photo, but the distant hill is entirely wooded. Those woods are part of the “Emory Forest” whose preservation is part of the long-term sustainability plan for the campus.

Amazing what a difference 90 years can make.

Gary Hauk

Robin Thomas, who graduated from Emory College with highest honors in Italian studies in 1999 and now teaches art history at Penn State, sent me news that Marion Luther Brittain’s house is being demolished in Midtown Atlanta to make way for an office tower, hotel, and residences.

screen-shot-2017-01-14-at-11-06-15-am
Marion Luther Brittain, from the 1944 Georgia Tech yearbook The Blueprint

Brittain (1866–1953) was one of the 175 “makers of Emory history” celebrated during the University’s 175th anniversary observance in 2011. An 1886 graduate of Emory College, he served as state school superintendent from 1910 until his appointment in 1922 as the fourth president of Georgia Tech, from which he retired in 1944. In 1942, Brittain donated funds to Emory to create the highest student award for “recognition of unselfish service to the University,” an award named for him.

Brittain lived in this house with his family between 1911, when it was built, and 1922, when he moved into Georgia Tech’s presidential home.

screen-shot-2017-01-14-at-10-23-17-am
The Brittain house in the 1990s.

Located at 1109 West Peachtree Street, the building was listed on the National Register of Historic Places.

screen-shot-2017-01-14-at-10-24-05-am
The front porch of the Brittain house

The impressive columned façade gives entrée to a spacious interior, which was divided into four apartments after the Brittains moved out.

screen-shot-2017-01-14-at-10-25-07-am
Downstairs parlor of the Brittain house

It’s sad to see another old, historic home disappear from Atlanta’s inventory. Happily, plans are underway to restore, rather than demolish, another home on the National Register—Buddie Candler’s Briarcliff mansion, owned by Emory.

Gary Hauk

Merry Christmas from the Woodruffs

Emory colleagues Kathryn Dixson and Gretchen Warner have a gift for making material from the archives more eye-catching than a Macy’s store window on 34th Street. They design and mount exhibits in Emory’s Rose Library and Schatten Gallery, and for the last couple of years they have graciously added to their work the display case on the first floor of the Administration Building.

Two weeks ago, in time for the holidays, Kathy and Gretchen created a display of the beautiful Christmas cards that Emory philanthropist Robert Woodruff used to send. In case you can’t get to the Administration Building, I share parts of the display here.

Beginning in 1924, the year after Woodruff became president of the Coca-Cola Company, he and his wife, Nell Hodgson Woodruff, sent annual Christmas cards.

woodruffs_web-copy
Robert and Nell Hodgson Woodruff at Ichauway.

Initially graced with holiday images, the cards soon featured photos of Ichauway, the South Georgia plantation the Woodruffs bought in 1929 as a vacation refuge and bird-hunting retreat.

woodruff-christmas-card-1935
The Woodruffs’ Christmas card from 1935, featuring the interior of the lodge at Ichauway.

 

In 1941, however, the Woodruffs began a new and magnificent holiday tradition featuring the commissioned paintings of Ichauway’s birds by Italian-born artist Athos Menaboni. By the time of Robert Woodruff’s death, in 1985, Menaboni’s paintings would grace the front of 44 Woodruff Christmas cards. A number of reproductions of these paintings are housed along with Menaboni’s papers in the Stuart A. Rose Manuscript, Archives, and Rare Book Library at Emory. The cards themselves are among the Robert W. Woodruff papers in the Rose Library.

menaboni_panels_left_bottom-copy
Examples of Menaboni’s work for the Woodruffs’ Christmas cards.

The card for 1968 bore only Robert’s name on the inside. His beloved Nell had died in January of that year, less than a year after Emory named its school of nursing in her honor. The couple of green-winged teal shown in the card poignantly suggest the long flight of life that Robert and Nell had shared, for more than 55 years.

menaboni-1968
1968 Christmas card illustration

The last Woodruff/Menaboni card appeared in 1984, featuring the great blue heron.

menaboni-1984
1984 Woodruff Christmas card.

Woodruff died on March 7, 1985, and Menaboni lived another five years, dying on July 18, 1990, at the age of 94.

In the spirit of beauty and grace reflected in the Menaboni cards sent by the Woodruffs, I take the occasion to wish you a merry Christmas and a peaceful, happy new year.

Gary Hauk

Two heroes at Emory

On December 17 the New York Times carried news of the death of Lawrence Colburn. He was one of three men who stopped the massacre of civilians at My Lai on March 16, 1968, during the Vietnam War. Horrific in scale and shocking in its violation of American values, international law, and basic humanity, the massacre stunned the nation when it came to light. Yet the massacre might have been far worse, but for the heroism of helicopter pilot Hugh Thompson, gunner Larry Colburn, and crew chief Glenn Andreotta.

Charged with using his helicopter to draw enemy fire away from US troops on the ground, Thompson soon realized that the only shooting was being done by Americans, and that something was terribly wrong. He landed his chopper between the troops and helpless civilians, and together he, Colburn, and Andreotta risked their own lives in the face of what can only be described as lunacy and evil.

Thirty-four years later, Emory professor David Blumenthal, the Jay and Leslie Cohen Professor of Judaic Studies, nominated Thompson and Colburn to receive honorary degrees from the University (Andreotta, the third member of the helicopter crew, had been killed in action three weeks after My Lai). Professor Blumenthal has long been an advocate for recognizing those who stand, courageously and sometimes alone, against tall odds in the face of oppression, barbarity, and the trampling of humanity. On May 13, 2002, Thompson and Colburn received the Doctor of Humane Letters degree, honoris causa, while the citation below was read.

The President, Trustees, and Faculty of Emory University

take pleasure in honoring

HUGH THOMPSON and LAWRENCE COLBURN

Heroes and Healers of the Wounds of War:

On a beautiful March morning in 1968,

ordinary people much like us committed unspeakable evil,

but you and your fellow crew member, Glenn Andreotta—

also ordinary people much like us—

transcended fear and chaos to save the lives of the innocents,

and thereby to rescue honor and right and

hope for the human capacity to choose the good.

From among the bodies lying dead in a ditch,

you lifted up a living child, whom now, in his adulthood,

you continue to help toward a fuller, happier existence.

From the cinders of the burning village

and the ruins of the blood-soaked streets,

you lifted up a reminder for us, in a violent and savage world,

that some things are worth risking death for,

many fewer are worth killing for,

and blessed is the heart that knows the difference.

Today we are honored to confer on you

the degree of Doctor of Humane Letters, honoris causa.

 

Rest in peace, valiant soldier, defender of our humanity. And may the rest of us ordinary people—much like you—rise to the occasion when the defense of humanity calls us.

Gary Hauk

Happy Birthday, Emory

“In 1836, when the Cherokee nation still clung to its ancestral lands in the State of Georgia, and Atlanta itself had yet to be born a year later as the town of Terminus, a small band of Methodists in Newton County dedicated themselves to founding a new town and college. They would call the town Oxford. It was a name of high aspiration, linking their little frontier enterprise with the university attended by the founders of Methodism, John and Charles Wesley. The college they would call Emory, after an American Methodist bishop who had inspired them by his broad vision for what education in America might be. The year before had seen, in France, the appearance of the first part of Alexis de Tocqueville’s Democracy in America. It was Tocqueville’s insight that the American democratic experience rested on the voluntary association, [citizens] coming together in pursuit of the common good, and nothing symbolized his insight better than that company of college founders as they made their plans in the humming Georgia woods.”

—from A Legacy of Heart and Mind: Emory Since 1836

screen-shot-2016-12-10-at-8-13-11-am
Ignatius Alphonso Few, President of Emory College, 1836–39

One hundred and eighty years to the day since the Georgia Assembly granted a charter to the college on December 10, 1836, Emory University bears as little physical resemblance to its fledgling ancestor as Atlanta does to Terminus. Yet the ideals that motivated the founders still sound in the voices of students, the lectures and seminar discussions led by faculty members, and the daily fulfillment of responsibilities by staff members and administrators–hope for a better future, convictions about the importance of individuals, and the belief that our sometimes wise and sometimes foolish hearts still have the possibility of nurturing knowledge in the hearts and minds of a new generation.

See the “Emory History Minute” about Emory’s original 1836 charter here, number 28 on the menu in the upper left.

Gary Hauk

Reprise of a great tradition

My article about the Atlanta Music Festival appeared today in the online “Saporta Report,” and I thought I’d share it here for those who don’t subscribe to Maria Saporta’s excellent newsletter.

It’s a little-known secret that while Atlanta may have been “the city too busy to hate,” it has also been, for more than a century, a city too cultured to divide. The people have come together for art and music, theater and dance, just as much as for any baseball game or gridiron rivalry. The arts have brought together Atlantans from every neighborhood who otherwise might have little occasion to gather.

One instance of this phenomenon will be on display for the umpteenth time on November 18, when the historic Atlanta Music Festival mounts its concluding gala concert at Glenn Memorial Auditorium on the Emory University campus.

Born out of chaos and violence, the festival harks back to 1910, when a black minister drew from his background in classical music to create a bridge between music-loving black and white communities. Although it persisted for just eight years, the Atlanta Colored Music Festival, as it was called, made way for healing in the wake of the devastating 1906 Atlanta race riot. The interracial collaborations forged then through music would bear fruit decades later.

proctor-henry-hugh
Henry Hugh Proctor. Courtesy of the Library of Congress.

Reviving this tradition in 2001, black minister, musician, and professor Dwight Andrews and white church music director Steven Darsey have fostered a vision of the arts as an engine for interracial understanding and social transformation. The Nobel Prize Committee this year may have recognized the power of Bob Dylan to speak for a generation. But no less powerful, though often unheralded, is the more subtle impact from exposure to different artistic and musical traditions. Somehow under the dance steps, behind the stage scenes, over the floating musical notes, in front of the canvas is born a shared experience that gives people of every variety a common experience to begin a conversation.

Something unique sets the Atlanta Music Festival apart. At other, one-off cultural events, audiences show up, enjoy, then leave. But the Atlanta Music Festival is making a long-term investment in Atlanta’s children and a vision for a community of the future. According to the festival’s website, the festival supports the Atlanta Music Festival Conservatory, a collaboration among the festival, Emory University’s Graduation Generation program, and historic First Congregational Church.

Offering a free after-school program and a free two-week summer camp, the conservatory teaches students in fourth to sixth grades to play instruments, study music theory, and receive instruction not available to them otherwise. The students hail from metro Atlanta area schools and community programs.

As Andrews, a professor at Emory, has put it, “With an ear to voices that have not been heard, [we] are striving to create a musical world of reconciliation and empowerment. We are making an investment, anticipating a return that will shape the American musical and cultural landscape of the future.”

The list of those supporting the festival tells some of the story of this investment—Georgia Humanities, Yo-Yo Ma’s Silk Road Project, the Arthur M. Blank Family Foundation, WABE-FM, Woodward Academy, and the Atlanta Community Foundation are some of those who have made major contributions. All have a commitment to preserving and nurturing what the Georgia Humanities tagline calls “the stories that make us and move us.” As Atlantans, as Georgians, as Americans, we are shaped by the arts because they tell us where we have been, who we are, and what we might yet be.

The week-long festival, from November 14 to 18, includes a panel discussion that will ask leading artists and writers to consider the ways communities shape their work and, in turn, how their communities are changed by their art. What is the artist’s responsibility to society, and society’s appropriate commitment to art? The panelists will include Fahamu Pecou, creator of MARTA’s new murals; well-known actress Brenda Bynum; ethicist and photographer Carlton Mackey; and Pulitzer Prize–winning Atlanta native Taylor Branch.

500-children-sing
More than 600 Atlanta-area schoolchildren lifted their voices in Atlanta’s Symphony Hall in 2011 to recreate the premiere of “Lift Every Voice and Sing.”

As it did in 2011, the festival will reprise the historic 1900 premiere of the resonant “Lift Every Voice and Sing.” At its first performance, the song’s lyricist, James Weldon Johnson, and his brother, composer Rosamond Johnson, enlisted the voices of 500 school children in Jacksonville, Florida, to welcome their school’s honored guest, Booker T. Washington, on Abraham Lincoln’s birthday. In 2011, more than 600 Atlanta-area schoolchildren performed the song during a morning symposium at Atlanta Symphony Hall. This year the performance, hosted by Brenda Wood, will take place at Ebenezer Baptist Church on November 16, at noon.

The festival’s concluding gala concert features a work commissioned specifically for the occasion. The renowned composer Adolphus Hailstork has written a choral piece inspired by President Obama’s speech “A More Perfect Union.” That was the speech in which Obama resoundingly called upon both African American and white communities to embrace a more complete vision of America’s promise.

norman-jessye
Jessye Norman will headline the 2016 Atlanta Music Festival gala concert, November 18, in Glenn Memorial on the Emory campus.

The galaxy of starring musicians will be led by Georgia native Jessye Norman and Atlanta’s own Timothy Miller as soloists, the Vega Quartet, the Morehouse and Spelman Colleges glee clubs, and the Governor’s Award–winning Meridian Chorale.

As our society continues to look for ways to straddle our differences, reconcile the past to the present, and chart a hopeful path forward, the Atlanta Music Festival offers one proposal for how the arts might lead the way.

Gary Hauk is university historian and senior adviser to the president at Emory University and a member of the Georgia Humanities board of directors.