On the day preceding his admission to the hospital, where he was to pass away a few days later, Maury Maverick finished the Foreword which appears in this pamphlet. Thus we of Mexican and Hispanic heritage, for whom Maury did so much, were destined to be the recipients of the product of his last intellectual efforts. Maury Maverick needs no monument of mortar, steel, or stone. The memory of this amazing individual is instilled in the hearts of men and women, reared during the Depression, who have splendid physiques instead of bodies crippled by rickets; it is reflected in the eyes of those who gaze upon the unique beauty of the San Antonio River; it is echoed in the ears of people who listen to exotic melodies at La Villita.
Maury Maverick will live forever in the minds of those who have decent housing instead of lean-to’s; in the spirit of all who believe in giving a tangible meaning to such ideals as progress and equality and opportunity, and those too much misunderstood though often-quoted expressions: civil liberties and the American way of life. No, Maury Maverick’s monument is not pedestrian—it is not even mundane. It can only be described as something found in the souls of men. It is unfortunate that the span of life of this remarkable being was so short; it is sad that this international figure did not rise even higher than he did, nor help determine even more what the future of mankind shall be; it is tragic that, like other great men before him, he was so often forced to waste his brilliance jousting with pygmies.
We humbly and reverently dedicate this little publication to Maury—who carried an already famous name to immortality.
Foreword
Society, composed of human beings of all kinds, all over the world, ceaselessly marches on. Now and then in this ceaseless march, occur events which are true mile posts. “The Hernandez Case” is such a mile post, and represents a climax of long years of struggle of Mexican-American people for first-class citizenship. It is not boastful to say that this case is even of world importance.
Of course, the Mexican-American people are Americans: they are not “hyphenated” Americans. This segregating hyphen was stuck in between them by others, in spite of the fact that in every war for liberty they have always shed more than their required proportion of blood. Excellent doctors, lawyers, engineers, and businessmen have developed among these people—just as with English, or French or German-Americans, and it is rather patronizing even to say this because everybody knows it.
In the Hernandez case, which went to the Supreme Court of the United States, the rights of people—all people—were protected. The attorneys were No. 1 in brains and courage—Carlos Cadena, Gus Garcia and Johnny Herrera. They attacked the principle of excluding people of Mexican ancestry from grand juries, petit juries and jury commissions. They won a unanimous decision that exclusion of people of Mexican ancestry was unconstitutional. These attorneys made a substantial, dignified and creditable showing for their people before the Highest Court of our land. The unanimous decision upheld these lawyers' viewpoint, and it was a victory for dignity and equality for every breathing soul in the United States. In writing this it is important that not only people in Texas but that people all over the world understand. In World War II, I was in Washington and subscribed to the San Antonio papers: the casualty list ran far higher with Latin American names than with Anglo names like my own. The papers told the same story during the Korean War. By actual count, the Latins from Texas in the Armed Forces—defending a democratic world whose blessings they did not always share—outnumbered the Anglos 2 to 1.
Now—returning from World War II—the Mexican-Americans found that the same prejudices existed as when they left, and in some instances their services were not at all appreciated. Some places wouldn't even bury a "Mexican" veteran killed overseas. Their children were segregated in many public schools. In some Texas counties well qualified persons of Mexican blood who didn't even know how to talk Spanish were kept off jury service. Such men could have decent incomes, be university graduates, and live honorably, but the Spanish name was a bar.
Personalities must be injected throughout this because many bright Mexican names will appear. Gus García met Professor George Sánchez, who had written several books on problems of the Southwest. They decided to bring together a lot of people to lay the ground work for a test case on school segregation. Various groups decided that they would not be held back in their contribution to the posterity of America. They marked education as Number One and Required, on their future Calendar of Progress. John D. Rockefeller III and a committee from the Rockefeller Foundation came down. They could not believe the sordid conditions that existed. They soon saw that the "Mexican" schools were a disgrace. Then came Dr. Lyle Saunders and with the help of the Rockefeller Foundation and Dr. George Sánchez's graduate students they put together convincing statistical data and all kinds of facts for the success of the test cases. Some of their matter resulted in the victory in the Delgado Case in which United States District Judge Ben H. Rice, Jr., held that the segregation of children of Mexican descent was a violation of the 14th Amendment of our Constitution. He prohibited the school board defendants from engaging in the practice of segregation in any way.
I write for people who don't necessarily know our Texas jargon. So let us stop and get various organizations in our minds before we go any farther: The LULACS and the American G.I. Forum. LULAC stands for League of United Latin American Citizens. The G.I. Forum is another organization, younger and under the vigorous leadership of Dr. Hector García. Both organizations sent out instructions and regulations to all school systems telling of the court decision in the Delgado case. Some school boards were recalcitrant—that is, either they bogged down, or put on the slow down. But the organizations and different individuals fought on, and segregation has practically ceased to exist throughout Texas. It can be reported, also that the spirit of co-operation and fellowship among so-called Anglo and Latin Americans seems natural and pleasant. The second court battle saw an humble man by the name of Puente, represented by his attorneys, Carlos C. Cadena and Alonso S. Perales, battle against restrictive covenants in real estate which prevented persons of his national origin from buying property where they chose. In this case, the courts of the State of Texas, in the wake of a United States Supreme Court decision on the subject, upheld Puente's contention. The Texas state courts outlawed restrictive covenants and even went farther than the Supreme Court of the United States.
Third came the Hernandez case. It is the climax case, and is principally dealt with here. Ever since the county started, Jackson County had never let anybody with a Latin name serve on any kind of jury. Hernandez was convicted of a crime. The conviction was reversed unanimously by the Supreme Court of the United States. It was notice and public advertisement to all the world that America stood for equality and freedom. It was an order putting the Declaration of Independence and the Constitution into effect. Besides these court battles, we can think of work by various dedicated leaders which they did in other fields.
1. "Wetbacks". For those who don't know a wetback is a man who swam the Rio Grande illegally, or walked across a dry spot, but is still a wetback. The leaders of the LULAC and G.I. Forum went out and did battle on the wetback menace. They spoke to President Truman (I know—I got an appointment for Gus Garcia with the man from Independence), and I imagine they will talk to President Eisenhower, about the evils of permitting the wholesale influx of illegal immigrants, which is no good for the immigrant, who is inevitably persecuted, and no good for the U.S.A. Not much has been done by Washington, but the lawyer watch-dogs are watching and fighting and some day the problem will be solved. The Immigration Department itself admits 800,000 wetbacks who came in during 1953.
2. These leaders have battled with backward state officials for improvement in conditions and to see that Mexican Americans get representation in state-appointed positions and on boards and commissions. Where there is bad treatment for their people which was entirely uncorrected, these leaders have retired with dignity and decorum such as when Dr. George Sánchez and Gus Garcia resigned in 1952 from the "Texas Commission on Human Relations" (a stuffed shirt outfit). This withdrawal had its effect and the people at least knew the Mexican Americans were not getting a fair deal.
3. These leaders have spurred their own people to get up and improve themselves, to speak English, to become better Americans, pay their poll tax (and vote!), to support public health programs. Results in all these fields have been good, I should say excellent.
4. They fought for a Civil Rights Act submitted to the Texas Legislature to stop discrimination of all kinds in public places.
5. They have spent numberless thousands of dollars of their own on traveling, wiring and telephoning, and they have, in a good old-styled American fashion, hollered and yelled, pleaded, cajoled and demanded whenever or wherever an issue arose.
Now, I know the Latin-American groups have been accused of self-segregating themselves. Well, they came out of World War II and out of the Korean War and got booted around like their fathers and grandfathers had been. So I can understand and most people can understand why Americans of Mexican extraction formed their organizations. The American G.I. Forum got rolling under Dr. Hector P. García of Corpus Christi and Ed Idar of Austin. This organization has spread to neighboring states. LULAC started over a quarter of a century ago. It seems to me some of their policies are rather conservative. Nevertheless that organization and G.I. Forum together are both necessary and both do essential work. As I said in the beginning, brilliant, well-educated men have developed out of this welter of humanity. Anyhow, they are dedicated men. I will give the names of only a few:
DR. GEORGE SÁNCHEZ
I first met him when I was in Congress. He lived in New Mexico then. Methodical and courageous, and having a brain to think with, he's a Number One planner and peace maker. Among my Latin American brethren he soothes what we Anglos (I resent that word "Anglo") call the "clashing personalities" and what I secretly call ("don't quote me") prima donnas like the volatile Garcias (of San Antonio and Corpus).
DR. HECTOR P. GARCÍA
Here is a capable, smooth, able, well-educated physician of the highest order. With patients he has the bedside manner and his patients swear by him. Outside, he is an able fighter, a capable man who started rough and tough, and who is mellowing down now to a great leader. He can talk to people in their own language as well as any man I ever knew.
ED IDAR
Ed belongs to a family that believes in education. His deceased father was persecuted and his late uncle was national Vice President of the American Federation of Labor in the darkest days. Both inspired him. Ed works to improve everybody else—and himself. Working eight hours every day and helping other people four hours each day, he also spends part of his time at the University of Texas studying law. When he sleeps, I do not know.
CARLOS C. CADENA
Here is a subtle fellow, possessor of a profound legal mind. He is the scholarly kind of man like Cardozo, who sat on the Supreme Court of the United States. He has an obsession for anonymity and is sometimes overlooked.
GUS GARCIA
Now comes Garcia. He either carried the Message to Garcia or he got the Message or something, maybe from the Lord, though when need be it is said he consults with the Devil. A brilliant and eloquent man, he is forceful and dramatic. Chances are, he would have made just as great a flamenco dancer or bullfighter as he has a trial lawyer. Some people say (again "don't quote me") he's a sort of neuropsychiatric, but he's all the good things they say, too. He needs no brightening up. If we can just get him dulled down a little bit there will be a man for you. The message that we want to send to this Garcia is to get rid of his phobias and frustrations, but maybe he is number 1 of all; he surely will be if we can knock off some of his edges.
R.A. CORTEZ
Raoul is another highly controversial figure, who, nevertheless had what amounted to three years of policy making for the LULACS. First, he was regional governor of Texas. Then he was twice-elected national president. It was under his administration that the groundwork was laid for some of the more recent accomplishments and that the historical school segregation case carried toward a successful conclusion. Except that I demand the use of English, I would say, Viva Raoul! Let it be said in his behalf that he was always ready to back up the judgment of his advisors like Dr. Sanchez and Gus Garcia and a definite stand was taken on every important issue that arose. There is no doubt about it, Raoul was instrumental in making LULAC a great national organization.
JOHN J. HERRERA
Johnny is best known for the fact that his great, great-grandfather, Col. Francisco Ruiz, was one of the two native Texans who signed the Texas Declaration of Independence. Alongside my ancestor, Samuel Maverick. As a matter of fact, however, it's not necessary for Johnny to have to depend on ancestral background for recognition because he can stand on his own two feet. Both as a national president of LULAC and as a soldier in the ranks, he has been ready anytime of the day or night to render whatever service he could when his assistance was needed.
They are not rich, these men. Money is lost, not made, by people who work on civil rights cases. These men are not opportunists—nor are they saints. They are not personally powerful—these men. They cannot be compared to the influentially political figures of South Texas who have amassed wealth and domination in their respective bailiwicks. But these men and others like them are the ones making history for the Spanish-speaking people, that is, for all American people—for the world. It is they who have changed the complex of the Latin American problem from a purely sectional issue to a nation disgrace. Their pleas have reached the ears of responsible and great men in high places. They have fought like sensible men, not like toreros, and they will be remembered long after wealthier and more powerful men have been forgotten.
Maury Maverick, May 1954
Maury Maverick will live forever in the minds of those who have decent housing instead of lean-to’s; in the spirit of all who believe in giving a tangible meaning to such ideals as progress and equality and opportunity, and those too much misunderstood though often-quoted expressions: civil liberties and the American way of life. No, Maury Maverick’s monument is not pedestrian—it is not even mundane. It can only be described as something found in the souls of men. It is unfortunate that the span of life of this remarkable being was so short; it is sad that this international figure did not rise even higher than he did, nor help determine even more what the future of mankind shall be; it is tragic that, like other great men before him, he was so often forced to waste his brilliance jousting with pygmies.
We humbly and reverently dedicate this little publication to Maury—who carried an already famous name to immortality.
Gustavo C. Garcia
June, 1954.
June, 1954.
Foreword
Society, composed of human beings of all kinds, all over the world, ceaselessly marches on. Now and then in this ceaseless march, occur events which are true mile posts. “The Hernandez Case” is such a mile post, and represents a climax of long years of struggle of Mexican-American people for first-class citizenship. It is not boastful to say that this case is even of world importance.
Of course, the Mexican-American people are Americans: they are not “hyphenated” Americans. This segregating hyphen was stuck in between them by others, in spite of the fact that in every war for liberty they have always shed more than their required proportion of blood. Excellent doctors, lawyers, engineers, and businessmen have developed among these people—just as with English, or French or German-Americans, and it is rather patronizing even to say this because everybody knows it.
In the Hernandez case, which went to the Supreme Court of the United States, the rights of people—all people—were protected. The attorneys were No. 1 in brains and courage—Carlos Cadena, Gus Garcia and Johnny Herrera. They attacked the principle of excluding people of Mexican ancestry from grand juries, petit juries and jury commissions. They won a unanimous decision that exclusion of people of Mexican ancestry was unconstitutional. These attorneys made a substantial, dignified and creditable showing for their people before the Highest Court of our land. The unanimous decision upheld these lawyers' viewpoint, and it was a victory for dignity and equality for every breathing soul in the United States. In writing this it is important that not only people in Texas but that people all over the world understand. In World War II, I was in Washington and subscribed to the San Antonio papers: the casualty list ran far higher with Latin American names than with Anglo names like my own. The papers told the same story during the Korean War. By actual count, the Latins from Texas in the Armed Forces—defending a democratic world whose blessings they did not always share—outnumbered the Anglos 2 to 1.
Now—returning from World War II—the Mexican-Americans found that the same prejudices existed as when they left, and in some instances their services were not at all appreciated. Some places wouldn't even bury a "Mexican" veteran killed overseas. Their children were segregated in many public schools. In some Texas counties well qualified persons of Mexican blood who didn't even know how to talk Spanish were kept off jury service. Such men could have decent incomes, be university graduates, and live honorably, but the Spanish name was a bar.
Personalities must be injected throughout this because many bright Mexican names will appear. Gus García met Professor George Sánchez, who had written several books on problems of the Southwest. They decided to bring together a lot of people to lay the ground work for a test case on school segregation. Various groups decided that they would not be held back in their contribution to the posterity of America. They marked education as Number One and Required, on their future Calendar of Progress. John D. Rockefeller III and a committee from the Rockefeller Foundation came down. They could not believe the sordid conditions that existed. They soon saw that the "Mexican" schools were a disgrace. Then came Dr. Lyle Saunders and with the help of the Rockefeller Foundation and Dr. George Sánchez's graduate students they put together convincing statistical data and all kinds of facts for the success of the test cases. Some of their matter resulted in the victory in the Delgado Case in which United States District Judge Ben H. Rice, Jr., held that the segregation of children of Mexican descent was a violation of the 14th Amendment of our Constitution. He prohibited the school board defendants from engaging in the practice of segregation in any way.
I write for people who don't necessarily know our Texas jargon. So let us stop and get various organizations in our minds before we go any farther: The LULACS and the American G.I. Forum. LULAC stands for League of United Latin American Citizens. The G.I. Forum is another organization, younger and under the vigorous leadership of Dr. Hector García. Both organizations sent out instructions and regulations to all school systems telling of the court decision in the Delgado case. Some school boards were recalcitrant—that is, either they bogged down, or put on the slow down. But the organizations and different individuals fought on, and segregation has practically ceased to exist throughout Texas. It can be reported, also that the spirit of co-operation and fellowship among so-called Anglo and Latin Americans seems natural and pleasant. The second court battle saw an humble man by the name of Puente, represented by his attorneys, Carlos C. Cadena and Alonso S. Perales, battle against restrictive covenants in real estate which prevented persons of his national origin from buying property where they chose. In this case, the courts of the State of Texas, in the wake of a United States Supreme Court decision on the subject, upheld Puente's contention. The Texas state courts outlawed restrictive covenants and even went farther than the Supreme Court of the United States.
Third came the Hernandez case. It is the climax case, and is principally dealt with here. Ever since the county started, Jackson County had never let anybody with a Latin name serve on any kind of jury. Hernandez was convicted of a crime. The conviction was reversed unanimously by the Supreme Court of the United States. It was notice and public advertisement to all the world that America stood for equality and freedom. It was an order putting the Declaration of Independence and the Constitution into effect. Besides these court battles, we can think of work by various dedicated leaders which they did in other fields.
1. "Wetbacks". For those who don't know a wetback is a man who swam the Rio Grande illegally, or walked across a dry spot, but is still a wetback. The leaders of the LULAC and G.I. Forum went out and did battle on the wetback menace. They spoke to President Truman (I know—I got an appointment for Gus Garcia with the man from Independence), and I imagine they will talk to President Eisenhower, about the evils of permitting the wholesale influx of illegal immigrants, which is no good for the immigrant, who is inevitably persecuted, and no good for the U.S.A. Not much has been done by Washington, but the lawyer watch-dogs are watching and fighting and some day the problem will be solved. The Immigration Department itself admits 800,000 wetbacks who came in during 1953.
2. These leaders have battled with backward state officials for improvement in conditions and to see that Mexican Americans get representation in state-appointed positions and on boards and commissions. Where there is bad treatment for their people which was entirely uncorrected, these leaders have retired with dignity and decorum such as when Dr. George Sánchez and Gus Garcia resigned in 1952 from the "Texas Commission on Human Relations" (a stuffed shirt outfit). This withdrawal had its effect and the people at least knew the Mexican Americans were not getting a fair deal.
3. These leaders have spurred their own people to get up and improve themselves, to speak English, to become better Americans, pay their poll tax (and vote!), to support public health programs. Results in all these fields have been good, I should say excellent.
4. They fought for a Civil Rights Act submitted to the Texas Legislature to stop discrimination of all kinds in public places.
5. They have spent numberless thousands of dollars of their own on traveling, wiring and telephoning, and they have, in a good old-styled American fashion, hollered and yelled, pleaded, cajoled and demanded whenever or wherever an issue arose.
Now, I know the Latin-American groups have been accused of self-segregating themselves. Well, they came out of World War II and out of the Korean War and got booted around like their fathers and grandfathers had been. So I can understand and most people can understand why Americans of Mexican extraction formed their organizations. The American G.I. Forum got rolling under Dr. Hector P. García of Corpus Christi and Ed Idar of Austin. This organization has spread to neighboring states. LULAC started over a quarter of a century ago. It seems to me some of their policies are rather conservative. Nevertheless that organization and G.I. Forum together are both necessary and both do essential work. As I said in the beginning, brilliant, well-educated men have developed out of this welter of humanity. Anyhow, they are dedicated men. I will give the names of only a few:
DR. GEORGE SÁNCHEZ
I first met him when I was in Congress. He lived in New Mexico then. Methodical and courageous, and having a brain to think with, he's a Number One planner and peace maker. Among my Latin American brethren he soothes what we Anglos (I resent that word "Anglo") call the "clashing personalities" and what I secretly call ("don't quote me") prima donnas like the volatile Garcias (of San Antonio and Corpus).
DR. HECTOR P. GARCÍA
Here is a capable, smooth, able, well-educated physician of the highest order. With patients he has the bedside manner and his patients swear by him. Outside, he is an able fighter, a capable man who started rough and tough, and who is mellowing down now to a great leader. He can talk to people in their own language as well as any man I ever knew.
ED IDAR
Ed belongs to a family that believes in education. His deceased father was persecuted and his late uncle was national Vice President of the American Federation of Labor in the darkest days. Both inspired him. Ed works to improve everybody else—and himself. Working eight hours every day and helping other people four hours each day, he also spends part of his time at the University of Texas studying law. When he sleeps, I do not know.
CARLOS C. CADENA
Here is a subtle fellow, possessor of a profound legal mind. He is the scholarly kind of man like Cardozo, who sat on the Supreme Court of the United States. He has an obsession for anonymity and is sometimes overlooked.
GUS GARCIA
Now comes Garcia. He either carried the Message to Garcia or he got the Message or something, maybe from the Lord, though when need be it is said he consults with the Devil. A brilliant and eloquent man, he is forceful and dramatic. Chances are, he would have made just as great a flamenco dancer or bullfighter as he has a trial lawyer. Some people say (again "don't quote me") he's a sort of neuropsychiatric, but he's all the good things they say, too. He needs no brightening up. If we can just get him dulled down a little bit there will be a man for you. The message that we want to send to this Garcia is to get rid of his phobias and frustrations, but maybe he is number 1 of all; he surely will be if we can knock off some of his edges.
R.A. CORTEZ
Raoul is another highly controversial figure, who, nevertheless had what amounted to three years of policy making for the LULACS. First, he was regional governor of Texas. Then he was twice-elected national president. It was under his administration that the groundwork was laid for some of the more recent accomplishments and that the historical school segregation case carried toward a successful conclusion. Except that I demand the use of English, I would say, Viva Raoul! Let it be said in his behalf that he was always ready to back up the judgment of his advisors like Dr. Sanchez and Gus Garcia and a definite stand was taken on every important issue that arose. There is no doubt about it, Raoul was instrumental in making LULAC a great national organization.
JOHN J. HERRERA
Johnny is best known for the fact that his great, great-grandfather, Col. Francisco Ruiz, was one of the two native Texans who signed the Texas Declaration of Independence. Alongside my ancestor, Samuel Maverick. As a matter of fact, however, it's not necessary for Johnny to have to depend on ancestral background for recognition because he can stand on his own two feet. Both as a national president of LULAC and as a soldier in the ranks, he has been ready anytime of the day or night to render whatever service he could when his assistance was needed.
They are not rich, these men. Money is lost, not made, by people who work on civil rights cases. These men are not opportunists—nor are they saints. They are not personally powerful—these men. They cannot be compared to the influentially political figures of South Texas who have amassed wealth and domination in their respective bailiwicks. But these men and others like them are the ones making history for the Spanish-speaking people, that is, for all American people—for the world. It is they who have changed the complex of the Latin American problem from a purely sectional issue to a nation disgrace. Their pleas have reached the ears of responsible and great men in high places. They have fought like sensible men, not like toreros, and they will be remembered long after wealthier and more powerful men have been forgotten.
Maury Maverick, May 1954
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