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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

"Mass Rally in Harlem Tomorrow to Test Right of Assembly," Daily Worker, Spetember 4, 1934, 3.

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Empire Cafeteria windows not broken The Empire Cafeteria at 306 Lenox Avenue, midway between 125th and 126th Streets, escaped damage, according to a white eye-witness quoted in a story in the Daily Worker. No other source mentioned the restaurant. The eyewitness grouped the Empire Cafeteria with Koch's department store as businesses "not molested" as they had been "forced to employ Negroes as a result of recent struggles." Koch's manager told a reporter for the New York Age that his store escaped damage.

The Daily Worker had reason to draw attention to the Empire Cafeteria, as it was a campaign by the Communist Party, rather than the Black-led Citizen's League for Fair Play, that led to the owner hiring Black staff in September 1934. Committed to interracial action and goals, the Communist Party had found itself at odds with the boycott movement's Black nationalist orientation and focus on obtaining jobs for Black workers. When the question of who would get the positions at Blumstein's department store that the boycott movement won splintered the coalition that made up the Citizen's League, the Communist Party took the opportunity to step into the fight against job discrimination on their terms. The Empire Cafeteria was a carefully chosen target. Historian Mark Naison found that white workers in the restaurant had already been organized by the Party, which worked to have them formulate common demands with the picketers that included hiring Black countermen alongside shorter hours and better conditions. Support from the restaurant's customers was also likely, Naison found, as many came from a home relief bureau on 124th Street that that Party had helped unionize.

Beginning in last few days of August 1934, the Daily Worker reported, Black and white Communists and sympathizers led by the Young Liberators marched on picket lines in front of the Empire Grill during the day, with larger crowds gathering for protest meetings in the evenings. Police acted against those Communist protesters with more violence than they did not against the Black boycott movement. The Empire Cafeteria itself also suffered damage that the targets of the boycott movement on West 125th Street did not. On August 31, when a crowd the New York Times estimated to be 1500 people, and the New York Daily News and New York Herald Tribune put at 1000 people, assembled at 125th Street and Lenox Avenue, a rock was thrown through the restaurant window, shattering glass that hit twenty-three-year-old Esther Friedman of Brooklyn. (Reports of the protest offered differing descriptions of Friedman and her injuries: while the New York Daily News, New York Times and New York Herald Tribune did not identify her reason for being in the restaurant, the New York Age described her a diner and the New York Amsterdam News as the restaurant's bookkeeper; the New York Daily News, New York Times and New York Herald Tribune all reported she had been hit by flying glass, while the later reports in the New York Age and New York Amsterdam News described her as hit by the object thrown through the window; the New York Times and New York Amsterdam News specified that the injury was to her cheek, while the New York Age reported it was to her nose). Police dispatched six radio cars and an Emergency Squad truck to the scene, bringing fifty patrolmen, who arrested two men, Milton Herndon, a twenty-four-year-old black man, and Leo Seligman, a nineteen-year-old white man.

Five days later, the evening before the arrested men appeared in the Harlem Magistrates Court, the protest organizers staged a "mass rally" at 125th Street, calling on a range of Communist Party groups to hear speakers that included Herndon, out on bail, according to a story in the Daily Worker. After the large crowd at the protest meeting moved down the street to the restaurant, police again put out a "riot call" that brought forty patrolmen to the restaurant to clear the street. By the time they did, the New York Times reported, the restaurant window, repaired the previous day, was broken, but police made no arrests. The only other evidence of this protest was in the New York Amsterdam News story on the court hearing the next day, which included a brief mention of another mass meeting broken up by police without arrests.

When Seligman and Herndon appeared in court the day after the rally, Seligman was charged with throwing the rock, Herndon with riot, according to stories in the New York Age and New York Amsterdam News. Predictably, the Daily Worker insisted at the time of their arrest that the brick had not been thrown by picketers but by "a provocateur." Although the New York Times and New York Herald Tribune had published stories on the the men's arrest, neither reported their arraignment in court. During the hearing, police arrested an additional man and woman among the crowd of supporters in the courtroom as "participants in the riot," after the restaurant manager identified them the New York Age reported. The magistrate held the men for trial in the Court of Special Sessions. Despite the arrests and police presence, a few days after the court hearings, after a week and half of protests, the owners of the restaurant agreed to hire three Black men and one woman under the "same consideration as white workers in similar positions," the New York Age reported, and to take "no further part in the prosecution of those arrested during the campaign." The Daily Worker celebrated the concessions as a "significant victory" that represented "a smashing refutation of the lies of the Negro reformist leaders that the white workers cannot be won for the struggle for Negro rights."
Communists in Harlem The appearance of members of the Communist Party (CP) outside Kress’ store at the beginning of the disorder reflected the Party’s presence in Harlem in the 1930s. It focused resources on the neighborhood beginning in 1928 in “efforts to ‘prove itself’ to a skeptical community through protests against racist practices and efforts to ease the impact of Depression conditions," historian Mark Naison argued. In the 1930s the Party had an office at 415 Lenox Avenue; affiliated organizations had offices nearby, the International Labor Defense (ILD) four blocks south at 326 Lenox Avenue; the Young Liberators (YL) at 262 Lenox Avenue; and the League of Struggle for Negro Rights (LSNR) and Negro Liberator newspaper at 2162 7th Avenue until just before the disorder, when they moved to 308 West 141st Street. The LSNR supported "black self-determination," advocating resistance against racist oppression and lynching, according to Naison, and mobilizing black residents against evictions, discrimination in relief programs and job discrimination. The Young Liberators were the "youth wing" of the League, according to Naison. Joe Taylor, the president of the YL, told a public hearing of the MCCH, they were “a group of young people who are struggling for Negro rights,” with about 140 black and white members. The ILD was the Party's legal wing, defending individuals arrested in connection with party activities, in conjunction with mass protest.

Most of those who worked in those offices and protested in Harlem were white men and women. The number of Black residents who joined the Party and related organizations did grow slowly, but numbered only a few thousand by the time of the disorder according to Naison. By 1935, larger numbers did participate in demonstrations led by Party members, particularly those in support of the defense of the Scottsboro boys. After disorder, the Party would work with Rev. Adam Clayton Powell Jnr and Rev. William Imes on a boycott of Weisbeckers Market on 125th Street, and black nationalists in protests against Mussolini’s attacks on Ethiopia.

Speaking in street meetings as Daniel Miller and Harry Gordon sought to do in front of Kress’ store was the primary strategy employed by the CP in Harlem. Party members joined the street-corner speakers who had been a staple of Harlem life throughout the 1920s, taking to corners “from 137th Street & 7th Avenue, north to 144th Street and Lenox Avenue, south to 110th Street and 5th Avenue," according to Naison. When they first appeared, the mostly white Communist Party speakers frequently competed with Black nationalist speakers for locations and attention, especially on the corners of Lenox Avenue from 133rd to 135th Streets. At the end of June 1930, fights between the groups drew police intervention, during which a Black Communist named Alfred Levy was fatally injured. Fights continued, but Party held off attackers, helped by former Garveyites it recruited, a struggle described by Naison. In 1930, speakers focused on the unemployed and protests against lynching. The ILD campaign to free the Scottsboro boys that began in 1931, Naison showed, moved the Party further into Harlem life, enabling it to supplement street protest with work in churches, fraternal organizations and political clubs. Initial marches and protests were dominated by white Party members, but when new trials in 1933 energized Harlem, and the CP revived its campaign of mass demonstrations, marches and street meetings, Naison found evidence that large numbers of Black residents participated. In a protest parade on April 22, for example, the UNIA, Elks, Masons, and church groups marched alongside the ILD and CP. By September, 1934, Roi Ottley bemoaned the predominance of Communist street speakers in his column in the New York Amsterdam News.

Communist Party pickets like Sam Jameson, Murray Samuels and Claudio Viabolo were initially less prominent in Harlem. When Sufi Abdul Hamid and his followers began picketing white-owned businesses seeking jobs for Black workers in 1932, the Party remained on the margins, at odds with the race-based appeals. In July 1933, Party organizers did invite church and fraternal groups to join an effort to force Harlem chain stores to hire black clerks without displacing white workers be displaced, with the W. T. Grant store on 125th Street as the first target. However, James Ford shutdown that initiative, Naison showed, as likely to antagonize white workers and distract participants from the broader struggles the Party promoted. Instead, the CP unsuccessfully targeted the 5th Avenue Bus Company. When Hamid’s second campaign against Woolworths on 125th Street in 1934 helped spur an alliance of Black organizations to mount a campaign of pickets and calls for boycotts initially targeting the Blumstein’s department store, CP members remained on the margins. Once that alliance splintered, however, the Party moved to mount a boycott campaign on their terms against the Empire Cafeteria on Lenox Avenue just north of 125th Street seeking gains for white workers as well as jobs for Black workers. A week and a half of picketing and protest meetings in 1934 led by the YL, and store windows twice being broken, brought an agreement to hire black staff in September 1934.

The rapid arrests of the five men who appeared on 125th Street was typical of the often violent repression of the party by New York City police, as historian Marilynn Johnson has explored. As early as September 1929, the New York Amsterdam News published a letter describing a Black Communist speaker, Richard Moore, and the white Communists who tried to take his place, being pulled from a stepladder by police “without the slightest provocation,” notwithstanding claims of a disruptive demonstration reported in the New York Times, New York Herald Tribune and New York Amsterdam News. Mayor La Guardia tried to change the police approach after his election in 1934, Johnson shows, requiring more tolerance of protest and a neutral stance in labor disputes. However, Harlem residents had witnessed the limits of that change a year before the disorder. Police who arrived to manage the crowd at a Communist Party meeting protesting the treatment of the Scottsboro Boys on March 17, 1934, suddenly drove radio cars on to the sidewalk and into the crowd, and then threw tear gas and bomb canisters. La Guardia did insist on an investigation, after which Chief Inspector Valentine preferred disciplinary action against six officers. However, the Police Commissioner John Ryan refused to implement any discipline, the New York Amsterdam News reported.

The appearance of ILD lawyers to represent arrested Party members, and their later appearance at the hearings of the MCCH, were consistent with a commitment to representing those involved in Party actions according to Naison. Joseph Tauber, who represented the Party members arrested during the disorder and appeared at hearings of the MCCH, had also defended the two men arrested outside the Empire Cafeteria in 1934, according to a story in the New York Amsterdam News and had appeared in the police investigation of the Scottsboro riot, the New York Amsterdam News reported. The ILD provided bail for those arrested outside the Empire Cafeteria, according to the Daily Worker, as it did for those arrested during the disorder who they represented.
Protests at the Empire Cafeteria In August and September 1934, Communist Party groups successfully campaigned for the Empire Cafeteria, at 306 Lenox Avenue, between 125th and 126th Streets, to hire Black workers. Two years earlier, when Sufi Abdul Hamid and his followers had begun picketing white-owned businesses seeking jobs for Black workers in 1932, the Communist Party stayed on the margins, its commitment to interracial action and goals at odds with the race-based appeals of the campaign. When Hamid’s second campaign against Woolworths on 125th Street in May 1934 helped spur an alliance of Black organizations, the Citizen's League for Fair Play, to mount a campaign of pickets and calls for boycotts initially targeting Blumstein’s department store, Communist Party members remained on the margins. When the question of who would get the positions at Blumstein's department store that the boycott movement won splintered the Citizen's League, however, the Party moved to mount a boycott campaign on their terms, seeking gains for white workers as well as jobs for Black workers. The Empire Cafeteria was a carefully chosen target. Historian Mark Naison found that white workers in the restaurant had already been organized by the Party, which worked to have them formulate common demands with the picketers that included hiring Black countermen alongside shorter hours and better conditions. Support from the restaurant's customers was also likely, Naison found, as many came from a home relief bureau on 124th Street that that Party had helped unionize.

Beginning in last few days of August 1934, the Daily Worker reported, Black and white Communists and sympathizers led by the Young Liberators marched on picket lines in front of the Empire Cafeteria during the day, with larger crowds gathering for protest meetings in the evenings. Police acted against those Communist protesters with more violence than they did against the Black boycott campaign. The Empire Cafeteria itself also suffered damage that the targets of that campaign on West 125th Street did not. On August 31, when a crowd the New York Times estimated to be 1500 people, and the New York Daily News and New York Herald Tribune put at 1000 people, assembled at 125th Street and Lenox Avenue, a rock was thrown through the restaurant window, shattering the glass, some of which hit twenty-three-year-old Esther Friedman of Brooklyn. (Reports of the protest offered differing descriptions of Friedman and her injuries: while the New York Daily News, New York Times and New York Herald Tribune did not identify her reason for being in the restaurant, the New York Age described her a diner and the New York Amsterdam News as the restaurant's bookkeeper; the New York Daily News, New York Times and New York Herald Tribune all reported she had been hit by flying glass, while the later reports in the New York Age and New York Amsterdam News described her as hit by the object thrown through the window; the New York Times and New York Amsterdam News specified that the injury was to her cheek, while the New York Age reported it was to her nose). Police dispatched six radio cars and an Emergency Squad truck to the scene, bringing fifty patrolmen, who arrested two men, Milton Herndon, a twenty-four-year-old black man, and Leo Seligman, a nineteen-year-old white man.

Five days later, the evening before the arrested men appeared in the Harlem Magistrates Court, the protest organizers staged a "mass rally" at 125th Street, calling on a range of Communist Party groups to hear speakers that included Herndon, out on bail, according to a story in the Daily Worker. After the large crowd at the protest meeting moved down the street to the restaurant, police again put out a "riot call" that brought forty patrolmen to the restaurant to clear the street. By the time they did, the New York Times reported, the restaurant window, repaired the previous day, was broken, but police made no arrests. The only other evidence of this protest was in the New York Amsterdam News story on the court hearing the next day, which included a brief mention of another mass meeting broken up by police without arrests.

When Seligman and Herndon appeared in court the day after the rally, Seligman was charged with throwing the rock, Herndon with riot, according to stories in the New York Age and New York Amsterdam News. Predictably, the Daily Worker insisted at the time of their arrest that the brick had not been thrown by picketers but by "a provocateur." Although the New York Times and New York Herald Tribune had published stories on the the men's arrest, neither reported their arraignment in court. During the hearing, police arrested an additional man and woman among the crowd of supporters in the courtroom as "participants in the riot," after the restaurant manager identified them the New York Age reported. The magistrate held the men for trial in the Court of Special Sessions. Despite the arrests and police presence, a few days after the court hearings, in September 1934, after a week and half of protests, the owners of the restaurant agreed to hire three Black men and one woman under the "same consideration as white workers in similar positions," the New York Age reported, and to take "no further part in the prosecution of those arrested during the campaign." The Daily Worker celebrated the concessions as a "significant victory" that represented "a smashing refutation of the lies of the Negro reformist leaders that the white workers cannot be won for the struggle for Negro rights."