Samuel Wilbert Tucker
Encyclopedia
Samuel Wilbert Tucker was an American
lawyer
and a cooperating attorney with the National Association for the Advancement of Colored People
(NAACP). As a founding partner in the Richmond, Virginia
firm of Hill, Tucker and Marsh, he is best remembered for one of his several civil rights cases before the Supreme Court of the United States
: Green v. County School Board of New Kent County
which, according to The Encyclopedia of Civil Rights In America, "did more to advance school integration than any other Supreme Court decision since Brown
." He is also remembered for organizing a 1939 sit-in
at the then-segregated Alexandria, Virginia
public library.
on June 18, 1913. He later said: "I got involved in the civil rights movement on June 18, 1913, in Alexandria. I was born black." At 14, he and his brothers were involved in an incident in Alexandria when they refused to give up a seat on a streetcar to a white person.
He also set his sights on becoming a lawyer at an early age, starting to read law books when he was about 10. Having earned his undergraduate degree from Howard University
in 1933, he qualified for the Virginia bar exam based on his studies in a law office.
at Alexandria's public library, which refused to issue library cards to black residents. On August 21, five young black men whom Tucker had recruited and instructed – William Evans, Otto L. Tucker, Edward Gaddis, Morris Murray, and Clarence Strange – entered the library one by one, requested applications for library cards and, when refused, each one took a book off the shelf and sat down in the reading room until they were removed by the police. Tucker had instructed the men to dress well, speak politely and offer no resistance to the police so as to minimize the chance of the men being found guilty of disorderly conduct or resisting arrest. Tucker defended the men in the ensuing legal actions which resulted in the protestors not being convicted of disorderly conduct and in a branch library being established for blacks. While the sit-in received a four paragraph story in the local Alexandria Gazette newspaper and brief mention in the Washington Post, the Chicago Defender
ran the story on its front page accompanied by a photograph of the arrest, noting that the protest was being viewed as a "test case" in Virginia. Other African American newspapers
covered the legal action, reporting such developments as Tucker's cross-examination
of the police, bringing forth an admission that had the men been white they would not have been arrested under similar circumstances. While Tucker succeeded in defending the sit-in participants, he was not satisfied with the separate but equal
resolution of creating a new branch library for blacks. In a 1940 letter to the librarian of the whites-only library, Tucker stated that he would refuse to accept a card to the new blacks-only branch library in lieu of a card to be used at the existing library.
The photograph of the sit-in participants in jackets and ties calmly but resolutely being escorted from the library by uniformed police has itself become a learning aid in Alexandria. Periodically, the city has commemorated the sit-in and used it as a teaching opportunity about the Jim Crow segregation
era, with students from Samuel W. Tucker Elementary donning similar attire, acting out the sit-in events and posing in recreations of the photograph.
interrupted his practice and Tucker entered the Army, serving in the 366th Infantry in combat in Italy
and rising to the rank of major. After the war, Tucker moved his law practice to Emporia, Virginia
. During the 1960s he joined Oliver Hill
and Henry L. Marsh III
to form the law firm Hill, Tucker & Marsh in Richmond, Virginia
. As the black civil rights struggle developed during the postwar era, Tucker played a central role in its legal battles in Virginia. From 1960 to 1962, the Virginia State Bar
repeatedly attempted to disbar
Tucker by alleging unprofessional conduct related to cases Tucker pursued on behalf of the NAACP. The NAACP rallied to his defense in fighting what it viewed as an attempt to derail legal desegregation in Virginia and the case was repeatedly dismissed/non-suited
.
in a number of post-Brown school desegregation cases. He participated in the long legal struggle to reopen the public schools in Prince Edward County, Virginia
, closed by the county to avoid desegregation. Tucker also participated in the lawsuit that ended the state tuition grant program that allowed white children to attend segregated academies
at public expense and was involved in cases that challenged the death penalty as being racially biased. He fought efforts to exclude blacks from juries
. In 1967, for example, he had about 150 civil rights cases before state and federal courts.
Tucker's greatest legal achievement was probably Green v. County School Board of New Kent County
, which challenged a freedom-of-choice
plan the board had enacted to desegregate the county schools on a voluntary basis. The case went to the Supreme Court of the United States
, which ruled in May 1968 that the freedom-of-choice plan was an inadequate remedy. The justices determined that school boards had an "affirmative duty" to desegregate their schools.
The NAACP Legal Defense and Educational Fund
named him lawyer of the year in 1966.
In addition to bringing cases, Tucker was also active in the leadership of the NAACP, serving as chairman of the legal staff of the Virginia State Conference and representing Virginia, Maryland and the District of Columbia on the National Board of Directors.
In 1976, the NAACP honored Tucker by awarding him the William Robert Ming Advocacy Award for the spirit of financial and personal sacrifice displayed in his legal work.
.
In 1998, Emporia, Virginia dedicated a monument in his honor. The monument's inscription called Tucker "an effective, unrelenting advocate for freedom, equality and human dignity – principles he loved – things that matter."
In 2000, Alexandria, Virginia dedicated a new school, Samuel W. Tucker Elementary School, to Tucker in honor of his life's work in the service of desegregation and education.
Also in 2000, the Richmond, Virginia City Council voted to rename a bridge after Tucker, an action that was a matter of some controversy.
In 2001, the Young Lawyers Conference, a conference of the Virginia State Bar
, implemented the Oliver Hill/Samuel Tucker Institute, named for legendary civil rights attorneys Oliver Hill
and Samuel Tucker. The Institute seeks to reach future lawyers, in particular minority candidates, at an early age to provide them with exposure and opportunity to explore the legal profession they might not otherwise receive.
Since 2001, the Oliver W. Hill & Samuel W. Tucker Scholarship Committee has presented scholarships to deserving first year law students at Virginia law schools and Howard University.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and a cooperating attorney with the National Association for the Advancement of Colored People
National Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
(NAACP). As a founding partner in the Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
firm of Hill, Tucker and Marsh, he is best remembered for one of his several civil rights cases before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: Green v. County School Board of New Kent County
Green v. County School Board of New Kent County
Green v. County School Board of New Kent County, 391 U.S. 430 was an important United States Supreme Court case dealing with the freedom of choice plans created to comply with the mandate in Brown II...
which, according to The Encyclopedia of Civil Rights In America, "did more to advance school integration than any other Supreme Court decision since Brown
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
." He is also remembered for organizing a 1939 sit-in
Sit-in
A sit-in or sit-down is a form of protest that involves occupying seats or sitting down on the floor of an establishment.-Process:In a sit-in, protesters remain until they are evicted, usually by force, or arrested, or until their requests have been met...
at the then-segregated Alexandria, Virginia
Alexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...
public library.
Early life and education
Tucker was born in Alexandria, VirginiaAlexandria, Virginia
Alexandria is an independent city in the Commonwealth of Virginia. As of 2009, the city had a total population of 139,966. Located along the Western bank of the Potomac River, Alexandria is approximately six miles south of downtown Washington, D.C.Like the rest of northern Virginia, as well as...
on June 18, 1913. He later said: "I got involved in the civil rights movement on June 18, 1913, in Alexandria. I was born black." At 14, he and his brothers were involved in an incident in Alexandria when they refused to give up a seat on a streetcar to a white person.
He also set his sights on becoming a lawyer at an early age, starting to read law books when he was about 10. Having earned his undergraduate degree from Howard University
Howard University
Howard University is a federally chartered, non-profit, private, coeducational, nonsectarian, historically black university located in Washington, D.C., United States...
in 1933, he qualified for the Virginia bar exam based on his studies in a law office.
Legal career
Tucker was admitted to the state bar in 1934 and began practicing in Alexandria.Alexandria library sit-in
In 1939, Tucker organized a sit-inSit-in
A sit-in or sit-down is a form of protest that involves occupying seats or sitting down on the floor of an establishment.-Process:In a sit-in, protesters remain until they are evicted, usually by force, or arrested, or until their requests have been met...
at Alexandria's public library, which refused to issue library cards to black residents. On August 21, five young black men whom Tucker had recruited and instructed – William Evans, Otto L. Tucker, Edward Gaddis, Morris Murray, and Clarence Strange – entered the library one by one, requested applications for library cards and, when refused, each one took a book off the shelf and sat down in the reading room until they were removed by the police. Tucker had instructed the men to dress well, speak politely and offer no resistance to the police so as to minimize the chance of the men being found guilty of disorderly conduct or resisting arrest. Tucker defended the men in the ensuing legal actions which resulted in the protestors not being convicted of disorderly conduct and in a branch library being established for blacks. While the sit-in received a four paragraph story in the local Alexandria Gazette newspaper and brief mention in the Washington Post, the Chicago Defender
Chicago Defender
The Chicago Defender is a Chicago based newspaper founded in 1905 by an African American for primarily African American readers.In just three years from 1919–1922 the Defender also attracted the writing talents of Langston Hughes and Gwendolyn Brooks....
ran the story on its front page accompanied by a photograph of the arrest, noting that the protest was being viewed as a "test case" in Virginia. Other African American newspapers
African American newspapers
African American newspapers are those newspapers in the United States that seek readers primarily of African American descent. These newspapers came into existence in 1827 when Samuel Cornish and John Brown Russwurm started the first African-American periodical called Freedom's Journal...
covered the legal action, reporting such developments as Tucker's cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...
of the police, bringing forth an admission that had the men been white they would not have been arrested under similar circumstances. While Tucker succeeded in defending the sit-in participants, he was not satisfied with the separate but equal
Separate but equal
Separate but equal was a legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to...
resolution of creating a new branch library for blacks. In a 1940 letter to the librarian of the whites-only library, Tucker stated that he would refuse to accept a card to the new blacks-only branch library in lieu of a card to be used at the existing library.
The photograph of the sit-in participants in jackets and ties calmly but resolutely being escorted from the library by uniformed police has itself become a learning aid in Alexandria. Periodically, the city has commemorated the sit-in and used it as a teaching opportunity about the Jim Crow segregation
Racial segregation in the United States
Racial segregation in the United States, as a general term, included the racial segregation or hypersegregation of facilities, services, and opportunities such as housing, medical care, education, employment, and transportation along racial lines...
era, with students from Samuel W. Tucker Elementary donning similar attire, acting out the sit-in events and posing in recreations of the photograph.
War and moves to Emporia and Richmond
World War IIWorld War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
interrupted his practice and Tucker entered the Army, serving in the 366th Infantry in combat in Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
and rising to the rank of major. After the war, Tucker moved his law practice to Emporia, Virginia
Emporia, Virginia
Emporia is an independent city located within the confines of Greensville County, Virginia, United States. The population was estimated to be 5,927 in 2010. The Bureau of Economic Analysis combines the city of Emporia with surrounding Greensville county for statistical purposes...
. During the 1960s he joined Oliver Hill
Oliver Hill
Oliver White Hill, Sr. was a civil rights attorney from Richmond, Virginia. His work against racial discrimination helped end the doctrine of "separate but equal." He also helped win landmark legal decisions involving equality in pay for black teachers, access to school buses, voting rights, jury...
and Henry L. Marsh III
Henry L. Marsh
Henry L. Marsh III is an American civil rights lawyer and politician. A Democrat, in 1977 Marsh was elected by the city council as the first African-American mayor of Richmond. He was elected to the Senate of Virginia in 1991, and has been re-elected...
to form the law firm Hill, Tucker & Marsh in Richmond, Virginia
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
. As the black civil rights struggle developed during the postwar era, Tucker played a central role in its legal battles in Virginia. From 1960 to 1962, the Virginia State Bar
Virginia State Bar
Created in 1938, The Virginia State Bar is the administrative agency of the Supreme Court of Virginia whose purpose is to regulate, improve and advance the legal profession in Virginia. The Bar was established by an act of the Virginia General Assembly and is delegated the power to issue...
repeatedly attempted to disbar
Disbarment
Disbarment is the removal of a lawyer from a bar association or the practice of law, thus revoking his or her law license or admission to practice law...
Tucker by alleging unprofessional conduct related to cases Tucker pursued on behalf of the NAACP. The NAACP rallied to his defense in fighting what it viewed as an attempt to derail legal desegregation in Virginia and the case was repeatedly dismissed/non-suited
Non-suit
-United States:In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability. So, for example, if a plaintiff wishes to give up on the lawsuit, he or she can file a nonsuit as to all defendants with the court, and all...
.
Cooperating attorney for the NAACP
Tucker was the principal lawyer for the National Association for the Advancement of Colored PeopleNational Association for the Advancement of Colored People
The National Association for the Advancement of Colored People, usually abbreviated as NAACP, is an African-American civil rights organization in the United States, formed in 1909. Its mission is "to ensure the political, educational, social, and economic equality of rights of all persons and to...
in a number of post-Brown school desegregation cases. He participated in the long legal struggle to reopen the public schools in Prince Edward County, Virginia
Prince Edward County, Virginia
Prince Edward County is a county located in the Commonwealth of Virginia. As of 2010, the population was 23,368. Its county seat is Farmville.-Formation and County Seats:...
, closed by the county to avoid desegregation. Tucker also participated in the lawsuit that ended the state tuition grant program that allowed white children to attend segregated academies
Segregation academies
Segregation academies are private schools started in the United States during the 1950s, '60s, and 70s as a way for white parents to avoid the desegregation of public schools as a result of the U.S. Supreme Court ruling Brown v...
at public expense and was involved in cases that challenged the death penalty as being racially biased. He fought efforts to exclude blacks from juries
All-white jury
An "all-white jury" is an American political term used to describe a jury in a criminal trial, or grand jury investigation, composed only of white people, with the implication that the deliberations may not be fair and unbiased...
. In 1967, for example, he had about 150 civil rights cases before state and federal courts.
Tucker's greatest legal achievement was probably Green v. County School Board of New Kent County
Green v. County School Board of New Kent County
Green v. County School Board of New Kent County, 391 U.S. 430 was an important United States Supreme Court case dealing with the freedom of choice plans created to comply with the mandate in Brown II...
, which challenged a freedom-of-choice
Freedom of Choice (US school desegregation)
Freedom of Choice was the name for a number of plans developed in the US during 1965-70, aimed at the integration of schools in states that had a segregated educational system.- The Plans :...
plan the board had enacted to desegregate the county schools on a voluntary basis. The case went to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which ruled in May 1968 that the freedom-of-choice plan was an inadequate remedy. The justices determined that school boards had an "affirmative duty" to desegregate their schools.
The NAACP Legal Defense and Educational Fund
NAACP Legal Defense and Educational Fund
The NAACP Legal Defense and Educational Fund, Inc. is a leading United States civil rights organization and law firm based in New York City....
named him lawyer of the year in 1966.
In addition to bringing cases, Tucker was also active in the leadership of the NAACP, serving as chairman of the legal staff of the Virginia State Conference and representing Virginia, Maryland and the District of Columbia on the National Board of Directors.
In 1976, the NAACP honored Tucker by awarding him the William Robert Ming Advocacy Award for the spirit of financial and personal sacrifice displayed in his legal work.
Death and legacy
Tucker died on October 19, 1990. He is buried in Arlington National CemeteryArlington National Cemetery
Arlington National Cemetery in Arlington County, Virginia, is a military cemetery in the United States of America, established during the American Civil War on the grounds of Arlington House, formerly the estate of the family of Confederate general Robert E. Lee's wife Mary Anna Lee, a great...
.
In 1998, Emporia, Virginia dedicated a monument in his honor. The monument's inscription called Tucker "an effective, unrelenting advocate for freedom, equality and human dignity – principles he loved – things that matter."
In 2000, Alexandria, Virginia dedicated a new school, Samuel W. Tucker Elementary School, to Tucker in honor of his life's work in the service of desegregation and education.
Also in 2000, the Richmond, Virginia City Council voted to rename a bridge after Tucker, an action that was a matter of some controversy.
In 2001, the Young Lawyers Conference, a conference of the Virginia State Bar
Virginia State Bar
Created in 1938, The Virginia State Bar is the administrative agency of the Supreme Court of Virginia whose purpose is to regulate, improve and advance the legal profession in Virginia. The Bar was established by an act of the Virginia General Assembly and is delegated the power to issue...
, implemented the Oliver Hill/Samuel Tucker Institute, named for legendary civil rights attorneys Oliver Hill
Oliver Hill
Oliver White Hill, Sr. was a civil rights attorney from Richmond, Virginia. His work against racial discrimination helped end the doctrine of "separate but equal." He also helped win landmark legal decisions involving equality in pay for black teachers, access to school buses, voting rights, jury...
and Samuel Tucker. The Institute seeks to reach future lawyers, in particular minority candidates, at an early age to provide them with exposure and opportunity to explore the legal profession they might not otherwise receive.
Since 2001, the Oliver W. Hill & Samuel W. Tucker Scholarship Committee has presented scholarships to deserving first year law students at Virginia law schools and Howard University.
Further reading
External links
- America's First Sit-Down Strike: The 1939 Alexandria Library Sit-In – Alexandria Black History Museum lesson plan
- 1956 Television Interview of Samuel Tucker – Archived by University of VirginiaUniversity of VirginiaThe University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
- The Civil Rights Movement in Virginia: The Closing of Prince Edward County's Schools – Virginia Historical SocietyVirginia Historical SocietyThe Virginia Historical Society , founded in 1831 as the Virginia Historical and Philosophical Society and headquartered in Richmond, Virginia, is a major repository, research, and teaching center for Virginia history...
- 70th Anniversary of Alexandria Library’s Historic Sit-in – City of Alexandria podcast