{"id":19293,"date":"2019-06-10T15:36:22","date_gmt":"2019-06-10T19:36:22","guid":{"rendered":"http:\/\/chcollins.com\/100Billion\/?p=19293"},"modified":"2023-12-15T16:49:33","modified_gmt":"2023-12-15T21:49:33","slug":"dont-fence-me-in","status":"publish","type":"post","link":"https:\/\/chcollins.com\/100Billion\/2019\/06\/dont-fence-me-in\/","title":{"rendered":"Don&#8217;t Fence Me In"},"content":{"rendered":"<p>December 21, 1934.\u00a0 Montana families continue their struggle against the one-two punch of prolonged drought and the Great Depression.\u00a0 The headlines of the <em>Helena<\/em> <em>Independent <\/em>capture the concerns of the day: &#8220;<span style=\"font-size: 10pt;\">BUSINESS RECOVERY PROGRAM ATTACKED<\/span>&#8220;; &#8220;<span style=\"font-size: 10pt;\">RELIEF BOSS OPPOSED TO DOLE PLANS<\/span>&#8220;; and &#8220;<span style=\"font-size: 10pt;\">NEEDY PULL PARADE IN NEW YORK IN BARRELS<\/span>&#8220;.<\/p>\n<p>Also, &#8220;<span style=\"font-size: 10pt;\">VIGILANTES ARE TO CURB MOBS IN SHELBYVILLE<\/span>.&#8221;<\/p>\n<p>The Shelbyville of this headline is not in Montana but Tennessee.\u00a0 The county courthouse in Shelbyville had been destroyed by a fire, set by members of a 500-person lynch mob, and local businessmen formed an armed vigilante group to help the national guardsmen maintain order.\u00a0 There had been &#8220;three unsuccessful attempts to take [Ernest] K. Harris, young negro, on trial for attacking a 14-year-old white girl, from the courthouse,&#8221; the AP reported.\u00a0 The judge halted the trial as the guardsmen resorted to riot guns and bayonets to fend off the mob, and the defendant &#8212; dressed in &#8220;trooper attire&#8221; &#8212; was rushed away to Nashville.\u00a0 The mob set fire to the courthouse hours later.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>That same day, in the basement of the Masonic Temple at Jackson and Broadway, just a short walk from the South Main Street offices of the <em>Helena<\/em> <em>Independent,<\/em> a book of poetry is published by The State Publishing Company.\u00a0 Its title is <em>Corral Dust<\/em> and its author is 49-year-old Montana surveyor, highway engineer and poet <a href=\"http:\/\/www.mdt.mt.gov\/photogallery\/docs\/fletcher_bio.pdf\">Robert &#8220;Bob&#8221; Fletcher<\/a>.<\/p>\n<p><em>Corral Dust<\/em> consists of 38 western-themed poems with titles such as &#8220;Across the Divide&#8221; and &#8220;Open Range&#8221;, the latter of which closes with this verse:<\/p>\n<p style=\"padding-left: 30px; font-size: 11pt;\"><em>Just give me country big and wide<\/em><br \/>\n<em> With benchland, hills and breaks,<\/em><br \/>\n<em> With coulees, cactus, buttes and range,<\/em><br \/>\n<em> With creeks, and mountain lakes,<\/em><br \/>\n<em> Until I cross the Great Divide,<\/em><br \/>\n<em> Then, God, forgive each sin<\/em><br \/>\n<em> And turn me loose on my cayuse<\/em><br \/>\n<em> But please don&#8217;t fence me in.<\/em><\/p>\n<p>Film producer Lou Brock obtains an advance copy of this poem and decides that a song called &#8220;Don&#8217;t Fence Me In&#8221; would be aces for <em>Adi\u00f3s, Argentina<\/em>, his next Fox musical.\u00a0 Brock contacts Fletcher and asks him to compose a cowboy song based on &#8220;Open Range.&#8221;\u00a0 Fletcher knocks out a song and sends his effort to Brock, who shares it with <a href=\"https:\/\/www.newyorker.com\/magazine\/2004\/07\/12\/king-cole\">Cole Porter<\/a>,\u00a0 the Broadway songwriter he has signed for the musical.\u00a0 Brock urges Porter to buy the rights to &#8220;Don&#8217;t Fence Me In&#8221; from Fletcher.\u00a0 A deal is struck faster than a scalded cat.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>Monday, January 7, 1935.\u00a0 Cole Porter writes Bob Fletcher to thank him for his gift (a copy of <em>Corral Dust)<\/em> and to share with Fletcher his reworked version of &#8220;Don&#8217;t Fence Me In.&#8221;\u00a0 Porter spruced up Fletcher&#8217;s original lyrics and set them to new music.\u00a0 The two versions are shown below &#8212; placeholder symbols are used to align similar phrases.<\/p>\n<p style=\"margin-bottom: 6pt; margin-top: 6pt; text-decoration-line: underline; padding-left: 40px;\">Fletcher&#8217;s Original<\/p>\n<div style=\"font-size: 11pt; padding-left: 40px;\"><em>Don&#8217;t fence me in.<br \/>\nGive me land, lots of land,<br \/>\nStretching miles across the West,<br \/>\nDon&#8217;t fence me in.<br \/>\nLet me ride where it&#8217;s wide,<br \/>\nFor somehow I like it best.<br \/>\n\u2022<br \/>\nI want to see the stars,<br \/>\nI want to feel the breeze,<br \/>\nI want to smell the sage,<br \/>\nAnd hear the cottonwood trees.<br \/>\n\u2022<br \/>\n\u2022<br \/>\n\u2022<br \/>\n\u00a0 <br \/>\nJust turn me loose,<br \/>\nLet me straddle my old saddle<br \/>\nWhere the shining mountains rise.<br \/>\nOn my cayuse<br \/>\nI&#8217;ll go siftin&#8217;: I&#8217;ll go driftin&#8217;<br \/>\nUnderneath those Western skies.<br \/>\n\u00a0<br \/>\nI&#8217;ve got to get where<br \/>\nThe West commences<br \/>\n\u2022<br \/>\n\u2022<br \/>\nI can&#8217;t stand hobbles<br \/>\nI can&#8217;t stand fences,<br \/>\nDon&#8217;t fence me in.<\/em><\/div>\n<div>\u00a0<\/div>\n<p style=\"margin-bottom: 6pt; margin-top: 6pt; text-decoration-line: underline; padding-left: 40px;\">Porter&#8217;s Version<\/p>\n<div style=\"font-size: 11pt; padding-left: 40px;\"><em>\u2022<br \/>\nOh, give me land, lots of land<br \/>\nunder starry skies above<br \/>\nDon&#8217;t fence me in<br \/>\nLet me ride through the wide<br \/>\nopen country that I love<br \/>\nDon&#8217;t fence me in<br \/>\nLet me be by myself<br \/>\nin the evenin&#8217; breeze<br \/>\nListen to the murmur of<br \/>\nthe cottonwood trees<br \/>\nSend me off forever<br \/>\nbut I ask you please<br \/>\nDon&#8217;t fence me in<br \/>\n\u00a0\u00a0<br \/>\nJust turn me loose,<br \/>\nlet me straddle my old saddle<br \/>\nunderneath the western skies<br \/>\nOn my cayuse,<br \/>\nlet me wander over yonder<br \/>\ntill I see the mountains rise<br \/>\n\u00a0<br \/>\nI want to ride to the ridge<br \/>\nwhere the west commences<br \/>\nGaze at the moon<br \/>\ntill I lose my senses<br \/>\nCan&#8217;t look at hobbles<br \/>\nand I can&#8217;t stand fences<br \/>\nDon&#8217;t fence me in<\/em><\/div>\n<div>\u00a0<\/div>\n<p>A <em>cayuse<\/em> is a range-bred horse and <em>hobbles<\/em> are leg restraints for horses, mules and cattle.\u00a0 The line <em>Can&#8217;t look at hobbles<\/em> may make for good meter but is an odd way to express the singer&#8217;s disdain for them.\u00a0 Perhaps Porter meant to say <em>Slip off the hobbles \/ Let me jump the fences<\/em> but was in a hurry to finish the song before his upcoming world cruise.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>Earlier that mild January morning, the <em>New York Times<\/em> was delivered to Cole Porter&#8217;s 41st-floor suite in the Waldorf Astoria.\u00a0 An article on the back page (&#8220;<span style=\"font-size: 10pt;\">COSTIGAN DEMANDS ANTI-LYNCHING LAW<\/span>&#8220;) gave an account of an 800-person rally held the previous day at the Broadway Tabernacle Church, a twenty-minute walk from the Waldorf.\u00a0 At the rally, Colorado Senator Edward Costigan and five other speakers urged Congress to pass the <a href=\"https:\/\/www.naacp.org\/naacp-history-costigan-wagner-act\/\">Costigan-Wagner Act<\/a>, which would make lynching a Federal offense.<\/p>\n<p>The tabernacle&#8217;s pastor, Dr. <a href=\"https:\/\/kinginstitute.stanford.edu\/encyclopedia\/chalmers-allan-knight\">Allan Knight Chalmers<\/a>, read the text of a telegram to be sent to Franklin D. Roosevelt, soon to enter the third year of his presidency.\u00a0 The telegram said, in part, &#8220;We sincerely trust that your omission of specific reference to lynching in your opening address to the Congress &#8230; does not mean any lessening of interest on your part.&#8221;<\/p>\n<p>The &#8220;many Negroes&#8221; at the rally had likely read the latest <em>New York Age<\/em>, the influential African-American news weekly, especially the article &#8220;<span style=\"font-size: 10pt;\">NAACP REPORTS ONLY 16 LYNCHINGS FOR &#8217;34<\/span>&#8220;.\u00a0 Though a decrease from the 28 lynchings in 1933, this number was still double the figure for 1932, the year Roosevelt was elected.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>&#8220;Don&#8217;t Fence Me In&#8221; may sing like a lazy trail-ride ballad, but its folksy style belies the songwriting skill behind it.\u00a0 The Fletcher\/Porter rhyme scheme is playful yet elegant:<\/p>\n<p style=\"padding-left: 30px;\"><strong><span style=\"font-family: courier new, courier, monospace;\">(AA)BC (DD)BC EEEC<\/span><\/strong><br \/>\n<strong><span style=\"font-family: courier new, courier, monospace;\">K(LL)M K(NN)M OOOC<\/span><\/strong><\/p>\n<p>where <strong><span style=\"font-family: courier new, courier, monospace;\">(XX)<\/span><\/strong> denotes internal (same-line) rhymes and <strong><span style=\"font-family: courier new, courier, monospace;\">C<\/span><\/strong> is the refrain <em>Don&#8217;t fence me in<\/em>.\u00a0 Arguably, the internal rhymes (e.g., <em>saddle\/straddle,<\/em> <em>wander\/yonder<\/em>) are what gives this song its character and makes it fun to sing.\u00a0 That, and <em>cayuse<\/em>, of course.<\/p>\n<p>While Porter&#8217;s melody is cowhand-friendly, his chords are more show-tune than saloon.\u00a0 For starters, the song is written in F, one of the less popular keys for guitar-based music. (One doubts he wrote it for ukulele.)\u00a0 And Porter bedecks it with a panoply of chords:<\/p>\n<p>[ezcol_1quarter]<\/p>\n<p style=\"padding-left: 30px;\">I (and variants)<br \/>\nii<br \/>\nIV<br \/>\niv<br \/>\nV<br \/>\nv<br \/>\nVI<\/p>\n<p>[\/ezcol_1quarter][ezcol_3quarter_end]F\u00a0 F<span style=\"font-size: 10pt; line-height: 15pt;\">6<\/span>\u00a0 F<span style=\"font-size: 10pt; line-height: 15pt;\">7<\/span>\u00a0 F<span style=\"font-size: 10pt; line-height: 15pt;\">7aug<\/span>\u00a0 F<span style=\"font-size: 10pt; line-height: 15pt;\">ma7<\/span>\u00a0 F<span style=\"font-size: 10pt; line-height: 15pt;\">9<\/span><br \/>\nG<span style=\"font-size: 10pt; line-height: 15pt;\">m7<\/span><br \/>\nB\u266d B\u266d<span style=\"font-size: 10pt; line-height: 15pt;\">6<\/span><br \/>\nB\u266d<span style=\"font-size: 10pt; line-height: 15pt;\">m <\/span><br \/>\nC<span style=\"font-size: 10pt; line-height: 15pt;\">7<\/span>\u00a0 C<span style=\"font-size: 10pt; line-height: 15pt;\">9<\/span>\u00a0 C<span style=\"font-size: 10pt; line-height: 15pt;\">9aug\u00a0 <\/span><br \/>\nC<span style=\"font-size: 10pt; line-height: 15pt;\">m<\/span>\u00a0 C<span style=\"font-size: 10pt; line-height: 15pt;\">dim<\/span><br \/>\nD<span style=\"font-size: 10pt; line-height: 15pt;\">7<\/span><br \/>\n[\/ezcol_3quarter_end]Porter was assuredly not your &#8220;three chords and the truth&#8221; kind of composer.\u00a0 He grew up with money, education and social standing, and he ran with the elites throughout his life.\u00a0 His songs were far more likely to revel in the adventures of the heart (&#8220;Let&#8217;s Misbehave&#8221;, &#8220;Let&#8217;s Do It&#8221;, &#8220;Anything Goes&#8221;) than heartland themes.<\/p>\n<p>So, we may conclude that &#8220;Don&#8217;t Fence Me In&#8221; gave scant expression to the passions and personal circumstances of the urbane Cole Porter&#8230; or did it?<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p><em>Adi\u00f3s, Argentina<\/em> was never finished.\u00a0 By the spring of 1936, Lou Brock had signed on with Universal, and his ailing project hobbled from Fox to Paramount, where it eventually died. The last mention of <em>Argentina<\/em> in the trade press was a March 24, 1936 item in <em>Film Daily<\/em>, which noted that Waldorf Astoria&#8217;s house orchestra, led by Xavier Cugat, was invited to Hollywood to appear in the film.<\/p>\n<p>This meant that &#8220;Don&#8217;t Fence Me In&#8221; would be not be recorded for commercial release for nearly ten years, when Warner Brothers (who now owned the rights) featured the song in its 1944 musical revue, <em>Hollywood Canteen<\/em>.\u00a0 Bing Crosby and the Andrews Sisters were the first to record it, but six other artists &#8212; The Three Suns, Kate Smith, Hal McIntyre, Sammy Kaye, Gene Autry, and Horace Heidt and His Musical Knights &#8212; would scramble to release their own renditions before year-end. (Roy Rogers, the singing cowboy who famously performed the song in the film, did not record his version until 1948.)<\/p>\n<p>The swoony Bing Crosby\/Andrews Sisters recording would be the biggest hit &#8212; it reached #1 on the singles chart on December 23, bumping &#8220;I&#8217;m Making Believe&#8221; by Ella Fitzgerald and The Ink Spots from the top spot.\u00a0 It remained the best-selling record in the U.S. well into February 1945.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>November 21, 1934.\u00a0 As Bob Fletcher prepares to send his song to Cole Porter in New York, 17-year-old <a href=\"https:\/\/www.arts.gov\/honors\/jazz\/ella-fitzgerald\">Ella Fitzgerald<\/a> takes her spot on the Apollo Theater stage and gazes toward the restless audience.\u00a0 It is &#8220;Amateur Night in Harlem&#8221; and Fitzgerald, by the luck of her draw and by dint of her talent, has earned her first opportunity to perform on stage &#8212; and for a live radio broadcast no less.\u00a0 She sings two numbers in the style of well-known jazz vocalist Connee Boswell, and Ella wins the contest by audience acclaim.\u00a0 [Boswell, who was white, was in turn inspired by blues singer Mamie Smith, who was black.]<\/p>\n<p>By February 1935, Fitzgerald would score her first week-long engagement as a vocalist.\u00a0 Soon, with the help of other band members, she would manage to move off the streets, give up dancing for spare change, start to bathe regularly, and buy new clothes.\u00a0 By June, she would cut her first record with the Chick Webb Orchestra.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>February 7, 1956.\u00a0 Ella Fitzgerald walks into the Capitol Records studio in Los Angeles to begin work on her <em>Cole Porter Song Book<\/em> project.\u00a0 She is the first black artist to record &#8220;Don&#8217;t Fence Me In&#8221;, eleven years after the song made its debut.\u00a0 Her rendition favors cabaret and cabernet over cowhide and trail rides.<\/p>\n<p>That same day, the headline &#8220;<span style=\"font-size: 10pt;\">NEGRO CO-ED IS SUSPENDED TO CURB ALABAMA CLASHES<\/span>&#8221; appears on the front page of the <em>New York Times<\/em>.\u00a0 Readers learn that &#8220;the University of Alabama&#8217;s first Negro student&#8221;, 26-year-old <a href=\"https:\/\/www.womenshistory.org\/education-resources\/biographies\/autherine-lucy\">Autherine Lucy<\/a>, was barred from campus &#8220;after showers of eggs, rocks and mud had marked her third day of classes.&#8221;\u00a0 Lucy was &#8220;spirited off campus&#8221; by Tuscaloosa police in mid-afternoon and she returned home to Birmingham.\u00a0 Violence continued into the night, as the mob smashed windows, burned trash, stoned the house of the university president, and pelted the police chief with eggs.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022\u00a0<\/p>\n<p>The 1935 Costigan-Wagner anti-lynching bill was blocked by Senate filibusters and died.\u00a0 The NAACP observed: &#8220;Roosevelt refused to speak out in favor of the bill.\u00a0 He argued that the white voters in the South would never forgive him &#8230; and he would therefore lose the next election.&#8221;\u00a0 In the 21 years from the 1934 rescue of Ernest K. Harris to the 1956 rescue of Autherine J. Lucy, 78 blacks were lynched in the U.S. &#8212; the 78th being 14-year-old Emmett Louis Till &#8212; and federal law was silent on all.<\/p>\n<p>Dwight Eisenhower was as disinclined as Franklin Roosevelt to get involved in civil rights. Emmett Till&#8217;s mother, <a href=\"https:\/\/www.pbs.org\/wgbh\/americanexperience\/features\/emmett-biography-mamie-till-mobley\/\">Mamie Bradley<\/a>, sent the following telegram to the president the day Till&#8217;s mutilated body was returned to his mother in Chicago:<\/p>\n<p style=\"padding-left: 30px; padding-right: 40px; font-size: 10pt;\">THE PRESIDENT<br \/>\nTHE WHITE HOUSE<\/p>\n<p style=\"padding-left: 30px; padding-right: 40px; font-size: 10pt;\">I THE MOTHER OF EMMETT LOUIS TILL AM PLEADING THAT YOU PERSONALLY SEE THAT JUSTICE IS METED OUT TO ALL PERSONS INVOLVED IN THE BEASTLY LYNCHING OF MY SON IN MONEY MISS.\u00a0 AWAITING A DIRECT REPLY FROM YOU.<\/p>\n<p style=\"padding-left: 30px; padding-right: 40px; font-size: 10pt;\">MAMIE E BRADLEY<\/p>\n<p>Bradley would wait in vain, on both counts.\u00a0 Eisenhower never replied, and the defendants were acquitted at trial less than a month later.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022<\/p>\n<p>&#8220;Don&#8217;t Fence Me In&#8221; was a very white song from a very white place.\u00a0 Of the 546,000 people living in Montana in 1934, just 1,200 were black.\u00a0 In rural parts of the state (i.e., almost all of it), the chances of meeting a black person were less than one in a thousand.\u00a0 Only 0.9% of the land &#8212; not quite <em>lots of land<\/em> &#8212; was tended by &#8220;colored&#8221; farmers, a census category that included &#8220;Indians, Japanese, Chinese and all other nonwhite races&#8221; as well as blacks.\u00a0 Fences, then, were mainly a white rancher&#8217;s concern.<\/p>\n<p>The Fletcher\/Porter composition would become a white standard &#8212; Mitch Miller recorded it in 1956, Patti Page and Perry Como in 1959, Ray Conniff Singers in 1961, Steve Lawrence in 1963 &#8212; and it remained popular well into my childhood.\u00a0 I grew up with Miller&#8217;s album. My all-white classmates and I sang &#8220;Don&#8217;t Fence Me In&#8221; alongside &#8220;traditional&#8221; songs like &#8220;Oh! Susanna&#8221; and &#8220;Dixie.&#8221;\u00a0 Nebraska author Lisa Knopp remembers tap-dancing to it.\u00a0 Minnesota-born climber\/entrepreneur Majka Burhardt recalls singing it, when she was 8, at her father&#8217;s second wedding.<\/p>\n<p>Eventually, like most cherished items of popular culture, <em>Don&#8217;t Fence Me In<\/em> would become metaphorical.\u00a0 Holocaust and internment camp survivors included it in the titles of their memoirs.\u00a0 Libertarians adopted it as a rallying cry.\u00a0 BMW retooled it to sell Mini Coopers.\u00a0 TravelNevada appropriated it for a promotional campaign.\u00a0 LGBT activists painted it on protest signs.\u00a0 (That, Cole Porter would have appreciated.)<\/p>\n<p>Schoolchildren may still sing it, but &#8220;Don&#8217;t Fence Me In&#8221; isn&#8217;t Roy Rogers&#8217; song anymore.\u00a0<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022<\/p>\n<p>This is a map of North Carolina&#8217;s 10th and 11th US Congressional Districts, whose present boundaries date to 2013.\u00a0 That year, the Republican-controlled state legislature carved the heavily-Democratic city of Asheville into two slices &#8212; the eastern slice (in red) was tacked onto a newly-extended tongue of the 10th District, while the western fragments (in blue) remained in the 11th.\u00a0 This had the predictable effect of diluting the city vote and assuring that both districts would elect Republican congressmen.<\/p>\n<p><a href=\"http:\/\/chcollins.com\/100Billion\/wp-content\/uploads\/nc-10-11.jpg\" target=\"_blank\" rel=\"noopener noreferrer\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter wp-image-19678 size-full\" style=\"margin-bottom: 24px;\" src=\"http:\/\/chcollins.com\/100Billion\/wp-content\/uploads\/nc-10-11.jpg\" alt=\"\" width=\"810\" height=\"423\" srcset=\"https:\/\/chcollins.com\/100Billion\/wp-content\/uploads\/nc-10-11.jpg 810w, https:\/\/chcollins.com\/100Billion\/wp-content\/uploads\/nc-10-11-300x157.jpg 300w, https:\/\/chcollins.com\/100Billion\/wp-content\/uploads\/nc-10-11-768x401.jpg 768w, https:\/\/chcollins.com\/100Billion\/wp-content\/uploads\/nc-10-11-640x334.jpg 640w\" sizes=\"auto, (max-width: 810px) 100vw, 810px\" \/><\/a>Many people moved here because Asheville is a liberal oasis in a warm state.\u00a0 They didn&#8217;t count on giving up their political voices in the bargain.\u00a0 The boundaries of these districts were drawn explicitly to deny urban voters a fair say, and that isn&#8217;t fair play.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022<\/p>\n<p>May 3, 2019.\u00a0 Autherine Lucy Foster, now 89 years old, is assisted onto the stage of the Coleman Coliseum at the University of Alabama campus in Tuscaloosa.\u00a0 Before a cheering crowd of students and faculty, she is awarded an honorary Doctorate of Humane Letters.\u00a0 Foster&#8217;s suspension from the university had been reversed in 1988 and she returned there to earn a master&#8217;s degree in elementary education in 1991.\u00a0 &#8220;When I walked in this room,&#8221; Foster recounts at the ceremony, &#8220;people were joyful and looking at me peaceful-like &#8212; and that&#8217;s much better than seeing someone frowning as if they don&#8217;t want you here.&#8221;<\/p>\n<p>That same day, in People Magazine: &#8220;<span style=\"font-size: 10pt;\">BLACK MISSISSIPPI STUDENT CLAIMS A WHITE MALE WAS NAMED SALUTATORIAN DESPITE HER HIGHER GPA<\/span>.&#8221;\u00a0 Olecia James, 18, filed a lawsuit in federal court vs. the Cleveland (Mississippi) School District, alleging that school officials adjusted her grade-point-average downward because she attended the &#8220;black&#8221; high school. If her &#8220;quality points&#8221; had not been discounted, James would have been class salutatorian (student with the second-highest GPA) and would have qualified for a $6,000 scholarship at the University of Mississippi.<\/p>\n<p>Cleveland, a small town halfway between Jackson and Memphis, did not desegregate its high schools until 2017.\u00a0 James is now attending Alcorn State University, a historically black institution whose African-American demographic (92.2%) approaches that of her former high school (99.7%) prior to its closing.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022<\/p>\n<p>Causing injury to a person based on his race became a federal crime, unconditionally, on October 28, 2009, when Barack Obama signed the <a href=\"https:\/\/www.wyohistory.org\/encyclopedia\/murder-matthew-shepard\">Matthew Shepard<\/a> and <a href=\"https:\/\/www.wyohistory.org\/encyclopedia\/murder-matthew-shepard\">James Byrd Jr.<\/a> Hate Crimes Prevention Act into law.\u00a0 Shepard was a white, openly-gay Wyoming student who was robbed, tied to a fence, and beaten to death by two assailants on October 8, 1998.\u00a0 Byrd was a 49-year-old black resident of Jasper, Texas, who was chained to a pickup truck by his ankles and then dragged along the road for miles, by a group of white supremacists on June 7, 1998.<\/p>\n<p>The Justice for Victims of Lynching Act of 2019, introduced by Senators Kamala Harris, Cory Booker, and Tim Scott, would expand the scope of existing hate crime law to include conspiracy to commit such acts.\u00a0 It passed the Senate by voice vote on February 14 and has been referred to the House Judiciary Committee, where it awaits further action.<\/p>\n<p>Regrettably, federal law will continue to treat crimes based on a victim&#8217;s gender identity, sexual orientation or disability less harshly than those related to race.\u00a0 One will still be able to harm a gay person because he is gay without committing a federal crime, as long as one does not cross state lines, or transport the victim across state lines, or use a weapon that crossed state lines, or otherwise interfere with interstate commerce.\u00a0 The reason such limitations exist is because some lawmakers &#8212; as they did in 1935 &#8212; want them to exist.<\/p>\n<p style=\"text-align: center;\">\u2022 \u2022\u00a0\u2022<\/p>\n<p>Americans have variously been fence builders, fence cutters, fence sitters, fence climbers and fenced in.\u00a0 But Bob Fletcher was right: we can&#8217;t stand fences.\u00a0 Fences deny freedom, the ultimate good we want.\u00a0 Though western skies and cottonwood trees are certainly worthy of song, less fear and less hate are what freedom-loving folks could use right now.<\/p>\n<p style=\"text-align: center;\">\u2261\u00a6\u2261\u00a6\u2261\u00a6\u2261\u00a6\u2261<\/p>\n<div style=\"font-size: 10pt;\">\n<p style=\"text-decoration: underline;\"><em>Sources and Notes<\/em><\/p>\n<p>Origins of the song: <em>The Complete Lyrics Of Cole Porter<\/em> edited by Robert Kimball was the primary source, supplemented by articles from 1934-1935 issues of <em>Film Daily<\/em>, accessed via archive.org.\u00a0 I was not able to determine, even speculatively, how producer Lou Brock became acquainted with Bob Fletcher.\u00a0 Fletcher&#8217;s son has passed away and his daughter is over 90 years old, so that part of the story is likely lost.<\/p>\n<p>Montana backstory: Sources included the <em>Helena Independent<\/em> (now the <em>Independent Record<\/em>), accessed via newspaperarchive.com, and U.S. Census Bureau reports from www.census.gov\/prod\/www\/decennial.html.\u00a0 The 54 S. Main Street home of the <em>Helena Independent<\/em> no longer exists.\u00a0 It is now a pedestrian mall called Last Chance Gulch.\u00a0 The Masonic Temple where <em>Corral Dust<\/em> was published still stands.<\/p>\n<p>New York backstory: Back issues of <em>The New York Age<\/em>, accessed via fultonhistory.com, and <em>The New York Times<\/em>, accessed via TimesMachine (subscription required), helped with dates, times and places.\u00a0 Details of Ella Fitzgerald&#8217;s early years came largely from <em><span id=\"productTitle\" class=\"a-size-large\">Ella Fitzgerald: A Biography Of The First Lady Of Jazz<\/span><\/em><span id=\"productTitle\" class=\"a-size-large\"> by Stuart Nicholson.\u00a0 The first mention of an Ella Fitzgerald performance that I found (in <em>The New York Age<\/em>) was a January 19, 1933, benefit at the Woman&#8217;s Institute in Yonkers, when Ella was 15.<\/span><\/p>\n<p><span id=\"productTitle\" class=\"a-size-large\">Music and recording:\u00a0 Original chords are from a copy of sheet music for sale on etsy.com.\u00a0 Cover version information is available at secondhandsongs.com and discogs.com.\u00a0 1940s chart data is from back issues of Billboard Magazine, accessed via americanradiohistory.com.<br \/>\n<\/span><\/p>\n<p>Federal hate crime law: U.S. Code, Title 18, Section 249, accessed at law.cornell.edu\/uscode\/text\/18\/249.\u00a0 For House Judiciary Committee schedules, see judiciary.house.gov\/committee-activity\/weekly-schedules.<\/p>\n<p>&nbsp;<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>December 21, 1934.\u00a0 Montana families continue their struggle against the one-two punch of prolonged drought and the Great Depression.\u00a0 The headlines of the Helena Independent capture the concerns of the day: &#8220;BUSINESS RECOVERY PROGRAM ATTACKED&#8220;; &#8220;RELIEF BOSS OPPOSED TO DOLE &hellip; <a href=\"https:\/\/chcollins.com\/100Billion\/2019\/06\/dont-fence-me-in\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[39],"tags":[],"class_list":["post-19293","post","type-post","status-publish","format-standard","hentry","category-interests"],"_links":{"self":[{"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/posts\/19293","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/comments?post=19293"}],"version-history":[{"count":364,"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/posts\/19293\/revisions"}],"predecessor-version":[{"id":31726,"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/posts\/19293\/revisions\/31726"}],"wp:attachment":[{"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/media?parent=19293"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/categories?post=19293"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/chcollins.com\/100Billion\/wp-json\/wp\/v2\/tags?post=19293"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}