G.K. Butterfield Interview Transcript
Oral History
May 15, 2023
53 pages
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Interview with G.K. Butterfield for the Legal Defense Fund Oral History Project, conducted by Melody Hunter-Pillion on May 15, 2023 Conducted in collaboration with the Southern Oral History Program at University of North Carolina at Chapel Hill.
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Legal Defense Fund Oral History Project
G.K Butterfield
Interviewed by Melody Hunter-Pillion
May 15, 2023
Wilson, North Carolina
Length: 01:59:58
Conducted in collaboration with the Southern Oral History Program at University of North
Carolina at Chapel Hill
LDF Archives, Thurgood Marshall Institute, NAACP Legal Defense & Educational Fund, Inc.
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This transcript has been reviewed by G.K Butterfield, the Southern Oral History Program, and
LDF. It has been lightly edited, in consultation with G.K Butterfield, for readability and clarity.
Additions and corrections appear in both brackets and footnotes. If viewing corresponding video
footage, please refer to this transcript for corrected information.
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[START OF INTERVIEW]
Melody Hunter-Pillion: [00:00:00] This is Melody Hunter-Pillion from the Southern
Oral History Program at the University of North Carolina at Chapel Hill. It is May 15, 2023, and
I’m here in Wilson, North Carolina, with Congressman G.K. Butterfield, who represented North
Carolina’s 1st Congressional District in the U.S. House of Representatives from 2004 through
2022. Is that correct, Congressman?
G.K. Butterfield: That’s correct. Yes.
MHP: We’re conducting this interview for the LDF Oral History Project. And we want
to thank you so much for sharing your story with us. We’re going to start from the beginning.
You were born and raised in Wilson, a place that you described in some other interviews as
being rigidly segregated when you were younger. So can you just kind of tell us about the
Wilson of your childhood, what you remember?
GKB: [00:00:43] Well, first of all, let me thank you for coming to preserve this history.
It’s something that I have lived with all of my life. And as I get into my senior years now, it is
really important to me to preserve this history. And so thank you and thank you to the Legal
Defense Fund for its willingness to cooperate in this venture. My story is very complicated. It’s a
very long life, and I’ll try to do it very quickly. I was born in 1947. My mother was a classroom
teacher. She was a native of the community. My dad was a dentist who was an immigrant from
Bermuda who had immigrated over in 1917 and volunteered for the war, after he couldn’t find a
job, I might say. And when he was discharged from the Army, he went to Shaw University and
enrolled in an undergraduate program. While there, he met my mother, who was a high school
student at Shaw. During those days, there were no high schools for African Americans. The
highest grade was like the fourth or fifth grade. And they weren’t, you know, excellent schools.
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They were just, you know, very modest schools. And so if a family had the means, they would
send their children to what was referred to as boarding schools. And so Shaw University had a
boarding school, a high school. And so while there at the boarding school at Shaw, Dad in
college at Shaw, the two of them met, which would eventually lead to a marriage. Dad graduated
from Shaw University, went over to Meharry and received his dental degree. Mom returned back
to her home community and became a teacher in the Rosenwald schools. First of all in
Northampton County, and then left the Rosenwald schools and came home to Wilson and taught
at the Wilson Colored Graded School, which is where she had gone to graded school in her in
her younger years. And so when Dad graduated from dental school, he came to Wilson, North
Carolina, and married my mother. [00:02:49] June 7th, 1928, and they stayed together for many
years. When Dad came to Wilson, he had no means, no assets. He had to live with my mother’s
family. And we may later in the interview get into that. But he lived, he lived with my mother’s
family. My grandfather was a Baptist minister here in town. And immediately the Depression set
in, right after he arrived. But the interesting part about his arrival was not necessarily the
Depression, but that the white political establishment called him in upon his arrival, welcomed
him to the community, told him that he had married a very fine lady who was biracial, and my
mother’s grandfather was white, in the community, and her grandmother was African American.
And the white community was very fond of the Davis family and told my dad he was welcome
into the community. They would do him a favor. They would allow him to become a registered
voter. And so in 1928, my father became a registered voter. He was the 40th, according to my
father. He was the 40th African American registered voter in town since Reconstruction. And so
after, after becoming a registered voter, after opening his dental practice, he began a one-man
crusade to get other African Americans registered to vote. And word got out in the white
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community that he was doing this and he was threatened. He was told to cease and desist. And he
did. And did not get involved in voter registration again until well into the 1940s. And so I was
born in 1947. [00:04:41] In nineteen, in the 1940s, the Depression was over, World War II was
over, and African Americans were building up a middle class in Wilson. It was certainly a
segregated town. It was, Jim Crow was rampant, but a Black middle class was beginning to
evolve. So in 1947, my dad founded the local branch of the NAACP. That was in 1947.
Coincidentally, that was also the year that I was born. And the local branch was in the business
of of trying to teach African Americans how to pass the literacy test in order to become
registered voters. And they formed the NAACP. They would have working sessions in my living
room, in my family’s living room every Saturday, trying to prepare African Americans for
literacy tests. And they, and my dad’s brother in law, my mother’s brother, his name was Fred
Davis Jr., joined my father and became an activist. He became more of an activist than my
father. He was obsessed with voter registration. And the following two years, it was a modestly
successful voter registration drive, between [19]47 and [19]49. But in 1949, my uncle, the one
who was assisting my father, was involved in a vehicle accident. He was riding his bicycle. A
white motorist from New York City was passing through the city. We didn't have interstate
highways then. The highway actually meandered right through the heart of the Black
community. And as my uncle was riding his bicycle that day, he was struck by a motorist and
they took him to the local Black hospital, Mercy Hospital. He lay there on a stretcher for hours.
They called the white doctor, Doctor Kerr, K-e-r-r, called Dr. Kerr to come treat my uncle.
[00:06:43] And upon finding that it was the activist Fred Davis, he refused to come. After several
hours, the hospital called again to the doctor. The doctor refused to come. He only said, I will get
there as soon as I can. Well, around 9:15 that evening, my uncle passed away because of no
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medical attention. And so now my dad is on his own again with his voter registration thing. And
so in 1951, two years later, there was a vacancy at my church for pastor. My grandfather had
been the pastor. My grandfather died in 1951. And so the church called a new pastor in 1951
named Talmage, without the D. T-a-l-m-a-g-e, Talmage Watkins. He was a young Baptist
preacher who was an activist. Reverend Watkins came into the community and bonded with my
father, both at the same church, and they continued the voter registration drive that had started in
1947. Reverend Watkins came up with the brilliant idea that since most of the educated or
middle class, and I use those words very cautiously, because some were better off than others,
but every African American suffered from discrimination. So it’s, it’s probably not a good idea
to do to separate the classes in the Black community, because as far as I’m concerned, there was
one class and that was, you know, African Americans who were terribly discriminated against.
But anyway, the more affluent, the more educated African Americans lived in Ward Three. And
I’ve got a picture of Ward Three over there that I can show you before you leave. Ward Three,
the town was divided into six wards for the election of the city council. Ward Three was
elongated, and half of the people in Ward Three were African American and the other half were
white. [00:08:42] But African Americans were not registered. So 95% of the registered voters in
Ward Three were white. Reverend Watkins came up with a brilliant idea that we will concentrate
our voter registration efforts only in Ward Three to try to get those numbers up on par with white
voter registration. And just maybe we could elect a Black city councilman. Reverend Watkins
had done that in Fayetteville, which is where he lived before he came to Wilson. And so that was
the strategy. And they, added many African Americans to the voter registration rolls. In 1953,
Watkins encouraged my father to run for city council. And dad ran. And the white opponent was
Herbert Harris. And Herbert Harris led a movement to remove African Americans from the voter
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registration rolls as being improperly registered. And he was successful to some degree. And a
couple of hundred African Americans were literally removed from the voter registration rolls.
But still, there were a lot who were not removed. And so dad ran for election on May 5th, 1953.
When the votes were counted, it was a tie vote. I’m going to try to remember. 382 to 382, I’m
going to say. It was a tie vote between Harris and Butterfield. To resolve the tie, they blindfolded
a little white girl named Debbie, Debbie Watson. And Debbie reached into a container that
contained two names, my dad and Mr. Harris. Pulled out my father’s name. And my father, by
lottery, became a city council member. It was called Board of Aldermen during those days. He
became an alderman for the city of Wilson. That was very significant. In today’s politics, that
would not be a big deal for an African American to get elected to the city council. [00:10:45] But
in 1953, that was an Obama moment, as I have referred to it. He was the fourth African
American elected to a to a city council in North Carolina. And I know where the other three
were. We won’t go into that. But he was the fourth in in the state. And he took the oath of office.
I have a picture of him taking the oath of office. And they were two year terms. And the two
years came around pretty quickly. During his two years on the council, he advocated some real
novel ideas, like more recreation for African Americans. Like paving the streets. Like better jobs
for the colored citizens, as it was called back then, or Negro citizens. Pretty radical ideas [laughs]
for the 1950s. Well, 1955 came along. No one thought Dad would be reelected. But the mayor
was named Mayor John D. Wilson, just coincidentally named the same as the city. Mayor
Wilson was fearful that he would not win reelection as mayor, and he knew that he needed some
additional votes that he didn’t have. So he approached my father and said, Look, Dr. Butterfield,
I’m running citywide, and Negro citizens in your ward can vote for me. So if you could influence
them to vote for me, I think that would give me the cushion that I need to get reelected. And my
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dad said, What about me? He said, Well, I’ve got family and friends who live in Ward Three,
and I will quietly talk to them about supporting you. And so they had a political deal, if you will.
And then the white business community in Wilson wanted a new recreation center for white
children. And my father said, What about for Negro children? And they, they weren’t willing to
cooperate. [00:12:45] And so my father said to them that he would ask the Negro community to
vote against the bond referendum that was being used to raise the money for recreation. And so
the business community, recognizing the need for better recreation, decided to capitulate and to
agree to build a recreation center for Black children with a swimming pool identical to the
swimming pool at the white recreation center. And it worked. They had the election in 1955. The
mayor was reelected. My father was reelected. The bond referendum passed narrowly passed. It
was the Black vote that made the difference because white people said they did not want their tax
monies used for a recreation center for colored children. I mean, they blatantly said it. But
anyway, that worked in 1955. Dad is reelected. Mayor John Wilson is very grateful to my father
and tells him that he will be appointed as the finance chairman, chairman of the Finance
Committee on the city, on the Board of Aldermen. By this time it’s the Board of Commissioners.
And he was appointed chairman of the Finance Committee. A big deal. That was, that was the
major committee on the city council. And so for the next two years, my dad began to really stir
the pot and demand more things, integration of the baseball stadium as an example. And so by
the time 1957 came along, they were sick and tired of Dr. G.K. Butterfield because he was
disrupting the status quo. He was disrupting a way of life that whites in Wilson had become
accustomed to. And they knew that with political power, the Black community could radically
transform local government and the quality of life. And so 1957, they came to the conclusion
they would not be able to defeat him. [00:14:48] And so the strategy of the white community was
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to change the method of elections from ward elections to an at-large system. So my father would
not just face the voters in Ward Three, where he was an icon, but he would have to face the
voters citywide, where he was disliked by many. And so my family was on vacation. We were in
New York visiting, visiting my relatives, same one I was telling you about with the dining room
set. People looking at this won’t understand that. [laughs]
MHP: [laughs]
GKB: That’s a conversation we had before the interview. But we were on vacation in
New York City, and the city council called an emergency meeting to change the method of
election from district to at-large. Dad flew back home on those old airlines, flew back home,
rushed to Wilson to make the case that it shouldn’t be changed. And he was outvoted. So at the
end of the day, and I want the record to be clear on this because I have misstated it over the
years. And I want the record to be clear at the end. When the final vote was taken to change the
method of election, my father actually voted for it. But he made a political calculation that since
he was the only one on the council opposing it, that if he would capitulate and vote with the
majority, he would win favor with some powerful people and would be able to get reelected.
Well, you know what? It didn’t work. It didn’t work. He voted in favor of the change. I didn’t
understand that for years. But he was defeated. In 1957. And he was pretty upset about that. I
was ten years old at the time, and I’m beginning to understand what politics is and is not.
[00:16:45] And like my father, I was pretty upset about it. I was upset because he was upset, let’s
put it that way. And so not only did they change the method of the election from districts to at-
large, they made it a requirement that voters had to vote for a full slate, had to vote for all six
seats. You couldn’t vote for one or two or three. And the purpose for that was to prevent the
Black community from single shot voting. Some people call it bullet voting, single shot voting
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for my father. And so, it was a, it was a nuclear moment. I mean, it just blew up the whole
system. And so, in 1959, two years later, the community wanted my father to run again. He said,
no, I’m not going to do that. I’m going to concentrate on some other things. 1961 came along,
asked him to run again. He said, I’m not running. Then they went to my pastor, Reverend
Watkins, and Watkins said, Absolutely, I’ll run. And there was a Black attorney in Wilson
named Romallus Murphy. R-o-m-a-l-l-u-s, Romallus O. Murphy, who took the case and said,
okay, Reverend Watkins, you run for the city council and I’m going to go to court before the
election to try to get an injunction to stop the election, not because of the at-large election. He
strategically said he was just going to go and challenge the anti-single shot provision of the new
law because voters should have the discretion to vote for one, two, three, four, five or six people.
And the law shouldn’t make them vote for six. So he thought he had a better case challenging the
anti-single shot provision than he would challenging the at-large election. [00:18:42] And so who
did Romallus Murphy call in but the NAACP. This is pre-LDF. The NAACP came in, Sam
Mitchell out of Raleigh. Samuel Mitchell. He will be very prominent in your research. Samuel
Mitchell came in along with a fellow named George Green, who eventually became a dear, dear
friend of mine. In fact, we served as judges together years later. So Green, Mitchell, and Murphy
handled the case, went to court before Judge Henry Stephens. Asked for an injunction. The
request was denied. The election took place. Reverend Watkins lost the election because many,
many votes were thrown out because the voter didn’t vote for a full slate. And that’s when the
NAACP lawyers then went to court and asked for a trial. The judge who came along and again, I
think it was Judge Stephens, Henry Stephens, heard the case and completely denied the claims.
Lawyers then appealed to the state Supreme Court and the Supreme Court denied the claim. And
then it went to the U.S. Supreme Court in a case entitled Watkins v. City of Wilson. And the
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Supreme Court took it up and then decided not to take it up and dismissed it. But if you were to
look at some of the briefs that were filed in Watkins v. City of Wilson and look at the per curiam
decision of the U.S. Supreme Court Justice, Frankfurter didn’t participate in the decision, but if
you would look at that, you would find it very interesting. And so now it’s 1961. We haven’t had
a Black city councilman since 1957. And every two years we would run someone for the city
council and they would come in last place. And that was the way it was for the next 20 years.
[00:20:43] And so all of that to say that this had a profound, what I’ve just said to you has had a
profound influence on my life choices. It influenced me to go into politics. It influenced me to go
into law. And I’ve been able to do both and do it very well.
MHP:  So, Congressman, I’m going to go back to, and you can hold it. Yeah, for a minute.
I’m going to go back to 1953.
GKB: Yes.
MHP: Because at that time you were six years old.
GKB: I was six years old. Yes.
MHP: And all of this was going on around you. So your father’s running for office. Even
before that, though, there was organizing going on and voter registration drives and people being
taught, right, for these literacy tests. In your home.
GKB: Yes.
MHP: You’re seeing all of this. Tell me about that as a six year old. Did you, did you see
some of this? What sort of things were you seeing?
GKB: [00:21:36] I witnessed African Americans on Saturday mornings coming into my
living room, with my father, explaining to them that North Carolina has a literacy test that the
state constitution requires. Those wanting to register to vote, to be able to read and to write, but
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most importantly, to satisfy the registrar that you were literate. So people often say it was a two-
pronged test. It was a three-pronged test. Read, write and satisfy. And the satisfaction certainly
was subjective on the part of the registrar. And many of these registrars registered people in their
homes. So you have an African — and in the courthouse, but you have African Americans going
to a courthouse that they were fearful of, maybe to a registrar’s home. Well, I’m pretty sure the
white registrars didn’t allow African Americans into their homes, not for this purpose. But
anyway, my father would teach them, you’ve got to be polite. You’ve got to say, yes, sir. Yes,
ma’am. No, ma’am. No, sir. You’ve got to be polite. You’ve got to be respectful. You’ve got to
listen to the question. You’ve got to, as best you can, to answer the question and just mainly be
liked. It’s not as much about the literacy part as it is about the white registrar liking you. And so
many of these people were teachers and they would have to read certain portions of the
Constitution. [00:23:20] They would have to explain the difference between the Constitution and
the Bill of Rights and all of that. And as John Lewis used to say, you know, count beans in a,
jelly beans in a jar. Things that were literally impossible. But anyway, I remember that. Six years
old in my living room. I remember that. And that was a precursor to my father getting elected in
[19]53 and again in [19]55.
MHP: And what are you holding there from that campaign?
GKB: Yes, I just happened to look on the shelf in my den here, and I saw it. This is my
father’s campaign literature of May 5th, 1953. This was a palm card, a hand card that he would
give out to people in the community. And the card is very simple. It says, “Vote for Dr. G.K.
Butterfield for alderman for the Third Ward in the primary, May 5th, 1953. Your vote and
support would be appreciated.” And he has a unique pose. He put his finger, you know, on his
forehead as if to say, I am a thinker. He would often tell me that, that’s what he intended with
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this pose, to convey the subliminal message that he was a thinker. But I’m very proud of this
possession. And I have it here in my home. And it’s on full display for anyone who visited, visits
with me.
MHP: Thank you, Dr. Butterfield — Congressman Butterfield. Dr. Butterfield was your
dad.
GKB: Yes. Yes.
MHP: Then let me, let’s go on to 1957. Here we see your dad is, you know, giving that
impression. And yes, he was a thinker. But a thinker is a threat, right, in eastern North Carolina
at that time, especially with Black folks wanting to exercise their, their rights as American
citizens. And so what were you seeing at ten years old when everything happened in 1957? What
sort of things did you see and what were you thinking at that time that you could process at that
age?
GKB: [00:25:25] Now, my father is an educated man who immigrated from another
country, Bermuda. It’s an island. Immigrated. And fought in the First World War. He had gone
to France, was injured in the war. So his perception of life in the community was different than
many people in Wilson, Black and white. And so he was a threat to the local political and
economic systems in the community. And they wanted to do whatever they could to silence him.
MHP: Did you understand a lot of what was going on yourself?
GKB: Not really. Not in the beginning. I knew it was wrong. I knew my father was upset
about it. I knew his friends were upset. Our church folk were. Our neighbors were. But as the
years rolled on, I began to really process it. And by the time 1961 came along, when my pastor,
Reverend Watkins, ran and was defeated and the case went to the U.S. Supreme Court, then I put
it all together. This was racism.
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MHP: We’ve heard about your dad. I’m understanding, I’m getting an understanding of
how influential he was in your life and his actions, how they influenced you. I want to ask a little
bit about your mom, too. You talked about some of those folks coming into your home for these,
this literacy test training. And a lot of them were teachers. Your mom was a teacher. Talk to me
about her early influence on you, when you were a child.
GKB: [00:27:00] My mother's maiden name Addie Lourine, L-o-u-r-i-n-e Davis. She
was born in 1902. Her father was Reverend Fred Davis, who was a mulatto. In today’s
terminology, we would say biracial. He was mulatto because his father was Joe Davis, a white
man in town, and his mother was Judah, J-u-d-a-h, who was an African American. That was my
grandfather, Reverend Fred, Fred Davis, who was my mother’s father. My mother’s mother was
Dinah, D-i-n-a-h, Dunston. And I think her family originated in Franklin County, which is a
couple of counties over. But my mother was one of eight children born at the turn of the century.
My mother’s eldest brother and the youngest brother died young. And so there were six Davis
children that reached adulthood. She was the youngest girl. And the six of them lived with
Reverend Fred Davis, their father, at 621 East Green Street. And in 1950, and he was the pastor.
My grandfather was the pastor of Jackson Chapel First Baptist Church, which is, continues today
to be my home church. Reverend Davis and Dinah Davis had six children. [00:28:41] And as the
years went on, Dinah, my grandmother, unexpectedly died. And she died in 191[7] and left my
grandfather with six children ranging from ages 17 to four or five. And so he raised his children.
He insisted that they go to the graded school to get an elementary education, and then he insisted
that they go to Shaw. He was a Baptist preacher, so he had a relationship with Shaw University,
a Baptist school. And so he insisted that his children would go to Shaw to get their education.
My mother, before going to Shaw, after she left the graded school, the Wilson Colored Graded
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School, which had been formed in the 1880s, that’s probably another story for another day and
another interview. But after leaving the graded school, she then went to a private industrial
school that had been started, or founded, by a man named Sam Vick in the community. That
needs illumination. At the graded school in 1917, a Black teacher named Mary Euell. E-u-e-l-l.
She was a teacher at the graded school, got into a dispute with the principal of the graded school,
an African American man named J.D. Reid. The dispute was over what time school started. April
1st, 191[8], was the first day of Daylight Savings time. It was authorized by Congress because of
World War I, and they wanted to preserve daylight. [00:30:39] And everybody understood the
new time, except the principal, who had the key to the school. So when three or four hundred
children showed up for school one morning and the teachers showed up, they couldn’t get in the
building because the principal was on the old time. So the principal was an hour late getting to
school and the teachers didn’t like it. And so Miss Euell, and Mr. Reid, Professor Reid, he was
called, got into a dispute over the time. And so the principal demanded that Miss Euell go with
him to the superintendent’s office to talk about the dispute. And upon arriving at Superintendent
Coon’s office, Charles L. Coon, C-o-o-n, and he was an interesting fellow. I can make a speech
on him another day as well, good and bad. He was an education reformer, even for African
American children. But in a very limited way. But anyway, went to the superintendent’s office
and Coon and the lady, Miss Euell, the teacher got into a disagreement and he got from behind
his desk and came around and assaulted her and slapped her, knocked her to the floor. She
returned to the graded school, told the teachers there what — and she was certainly upset with
the superintendent for doing this, but she was also upset with the Black principal for not
interfering and for instigating, sort of like Trump instigating January 6th. He was stirring it up.
And so — maybe I shouldn’t have put that political line in there. But anyway, the teachers and
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the parents of the children at the graded school were disgusted. And so they formed a separate
school called the Industrial School, the Wilson Industrial School.1 [00:32:39] And we have
pictures of it and all that. And my mother was one of the first students to go to the Industrial
School. In fact, I think she may have been the valedictorian of the class and gave the speech at
graduation time. And then that’s when she went to Shaw. But anyway, that’s too much detail.
But anyway, Mother left Shaw with a high school diploma, came back home and became a
teacher. Teachers during those days did not need college degrees. You could teach with a high
school certificate. And that’s what she did for many years. After the, after World War II, which
ended in 1941, my mother tried to get pregnant and when she would get pregnant, she would
have a miscarriage. She would get pregnant again and have a miscarriage. She tried to consult
with white obstetricians and they refused to treat her. So she read one day in a magazine that
there was a, there was a white obstetrician in New York City named Frances Seymour, whose
father, I believe had been the governor of New York State, and that she was willing to treat
African American patients who had fertility issues.2 So Mom went to New York City and my
dad went to New York City, consulted the Dr. Seymour. She got pregnant and carried the baby to
term. That baby was me. I was born April 27, 1947, which was a Sunday morning at 11:00. And
four days later, I was brought to Wilson, North Carolina, which is where I have remained all of
my life. And so all of that to say Mom was a classroom teacher, Dad was a dentist slash activist.
MHP: [00:34:28] That was influential, but also just understanding the narrative of your,
your birth and your origins is that here in a segregated North Carolina, your mother couldn’t get
the kind of medical care that she would have needed to to have you.
1 During transcript review, Mr. Butterfield noted that the full name of the school was the Wilson Normal
and Industrial Institute.
2 During transcript review, Mr. Butterfield noted that he was incorrect; Dr. Seymour's father did not ever
serve as governor of New York State.
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GKB: She couldn’t get the medical treatment. My uncle, who was struck on the bicycle
in 1949, couldn’t get medical treatment because of racism. My mother couldn’t get a specialist
because of racism. And so we, I grew up in a totally segregated society in Wilson. And when I
say totally segregated, I don’t mean in some ways. In all ways. Every way. Everything that you
can imagine in Wilson, North Carolina and throughout the South until the sixties was total
segregation, typically separated by a railroad track. [00:35:25] The, the Atlantic Coastline
Railroad track came right through Wilson. The railroad was built in 1840 by slaves, and the
railroad started in Wilmington and terminated in Weldon, North Carolina. It was the longest
railroad in the world at the time, and it came right through Wilson and separated the two
communities. When I say everything was separated, I mean, Black people couldn’t go to
restaurants. And the few that would entertain the idea required African Americans to come to the
back door and get the food. I saw it. I did it. Churches segregated. Recreation. Every single facet
of civil society was totally segregated. And that was my experience. As my friend Congressman
Jim Clyburn says all the time, we are the sum total of our experiences. And those were my
experiences. But I, when I became a teenager, I became the activist that my father was, and tried
to take it to a higher level. It was the 1960s now, and Martin Luther King, Jr., was prominent and
others were prominent. And so I wanted to step in and lead protest marches in my hometown.
My dad was not a protester. He wouldn’t get out on the sidewalk with a sign, you know, I mean,
that wasn’t his style. He was more low key. My father was negotiating with the, with the retail
stores to allow African Americans to get jobs and to sit at the lunch counters. I was out on the
street with picket signs and two or three hundred other kids from the NAACP Youth chapter. We
were protesting and demanding the integration of movie theaters and the like. And so that, those
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were my teen years. And it happened naturally. I didn't just make a decision, I’m going to do
this. It was almost expected that I would do it.
MHP: [00:37:28] And I’m going to ask you about that. You, you segue straight to all
these questions. So this is perfect. And so you were already at Central when you started
organizing these? Or did you start organizing —
GKB: No, I was in high school.
MHP: What —
GKB: I was 16 years. I was 16 years old.
MHP: Well, let’s talk about that. What, how did that come about that you started
organizing these protests?
GKB: [00:37:52] It just happened. My father was an activist, as I have described, and my
best friend was named Toby Fitch, Milton F. Fitch Jr., who I will meet with later today, and his
father, Milton F. Fitch Sr., and his mother Cora Whitted Fitch, were all activists in their own
ways in the community. And so it was just kind of expected of us that we would, we would
continue that tradition. My father, being a Black professional, did not depend on the white
community for his economic survival. He had no white patients. His patients were Black. My
mother worked in a, taught in a Black school, but the Board of Education, which was white, paid
her salary. So my mother was in a little bit more precarious, sensitive position than was my
father. But yes, we, I started the civil rights marches in my community around 1962. Yes, 1962.
We started, Toby Fitch and I started it. And we would lead demonstrations at the movie theaters.
We had four theaters. Two were totally segregated. The other two, The Colony and Drake
Theaters, allowed African Americans to go into the balcony, but not on the lower level. $0.10 for
the balcony, $0.15 for the lower level. And so we protested discrimination at the movie theaters.
19
We went to the white recreation center that had been built in 1955 as a result of the referendum
that I referenced, tried to gain admission to the swimming pool. And we were, we were not
allowed to go in. Went to the basketball court at the recreation center. They put chains on the
door and wouldn’t let us in. And so we were 16 years old at the time. [00:39:49] When we turned
17, it was 1963. That was time for the March on Washington. My dad threw me in the car and
we drove to Washington, D.C., went to the March on Washington in August of 1963, and I came
back and I was really reinvigorated then to do even more. 1964 came along. We decided to
integrate a white church, the First Baptist Church, and at two minutes to eleven on Sunday
morning, we walked into a white church and we walked down front and sat. And I have people in
the community who remember that, white people.
MHP: How many of you?
GKB: Four, I would guess. I think it was probably four. Joanne Coble, Grova Bridges,
Toby Fitch and myself. It might have been one or two more. But the lady that we sat in front of
became a friend of mine because she worked at the courthouse. I was a judge years later, and she
would often mention that when we came in church that day, we sat right in front of her. Some
left church. Not many, some left church, but most stayed. And Reverend Bussey, B-u-s-s-e-y,
Reverend Bussey preached a powerful sermon that day on love, and that was very appropriate.
And so finally we went back to the swimming pool, and I’m through with it after this, at least the
swimming pool part, they then turned off the water rather than let us into the pool. And the head
of the recreation department pulled me to the side and said, George, I know it’s just a matter of
time before the civil rights bill passes, but if you would just wait until the civil rights bill passes
and wait until Raleigh integrates its swimming pools, then I would feel comfortable letting you
in. And on reflection, that wasn’t a bad — it was a statement of conciliation, of reckoning,
20
recognizing that it was going to happen. And so when I graduated from high school and Toby
Fitch graduated from high school, we went off to Durham and went to college. And we did more
of this in Durham than we did — I can’t speak for Toby, I’ll speak for myself. I did more in
terms of activism than I did in my studies in college. I mean, I did both, but it was probably out
of balance. I probably should have done 90% studies and, you know, 10% activism, but it was
the other way around.
MHP: So you went to Durham, you were at North Carolina Central —
GKB: Yes.
MHP: For undergraduate studies.
GKB: [00:42:28] Yeah. Did voter registration drives. Got involved with the Duke
employees who were on strike, you know, for better wages. Yeah.
MHP: So it says here in March 1968, when you were still at North Carolina Central, you
organized the voter registration march from Raleigh to Wilson.
GKB: Yes.
MHP: Is that right? Can you tell us a little bit about that, just like where that idea came
from to do that type of march, how it was planned, what the day was like?
GKB: Thank you for reminding me of that.
MHP: [laughs] Did other student support you? Like just kind of tell us about that whole
thing —
GKB: Yes, yes, yes.
MHP: And as you remember the day itself, some details of the day.
GKB: [00:43:08] Toby Fitch and I came up with this bright idea, it was more me than
Toby, came up with this bright idea that we needed to do something radical. The Voting Rights
21
Act had passed in 1965. The Voting Rights Act removed the literacy tests. A lot of people don’t
remember that. Or don’t know it. Not only did it create the opportunity to bring a lawsuit as
Legal Defense Fund has done for many years, but it also removed the barrier called the literacy
test. Many African Americans did not believe the literacy test was no longer. And so we were
having difficulty getting them to register to vote. So in 1968, a lady named Eva Clayton from
Warren County, who was a young mother of four and a wife, her husband would later become
one of my best friends. Eva Clayton decided to run for Congress in the 2nd Congressional
District, which included Wilson County. She knew she could not win, but it was about
energizing and stimulating African Americans to want to get involved. And then there was an
African American dentist from Charlotte who was a family friend, Dr. Reginald Hawkins.
Doctor Hawkins and my father were very good friends. Decided, Hawkins decided to run for
governor in 1968. So you’ve got two people, two prominent African Americans running for high
profile offices, Clayton for Congress, Hawkins for governor. And there was electricity in the air.
So Fitch and I came to the conclusion that what we could do as youngsters was to do something
crazy just to make people stop and listen, think and listen and to act. [00:45:03] We said, we’re
going to walk from Durham to Wilson.
MHP: That’s a long walk.
GKB: And we figured it out. So that’s why we shortened it from Raleigh to Wilson.
[laughs] And so we said, well, we would leave the state capital and I guess it would have been
March of six, 1968. It was before King died. We left the state capital on a Tuesday morning. We
walked to Wendell, North — I think it was about 15 of us, and I have a picture of it. I’ll share it
with you. We walked to Wendell and we overnighted in a church on the floor. The next morning
we arose and we walked to Middlesex. Walked all day. We had some police protection. I had
22
gone to the highway patrol and talked to Colonel Speed and Major Guy, G-u-y, was his name.
Colonel and Major, talked to them about police protection. They said they weren’t going to
protect us, but they did. They did. They did. When we got out on the highway, there were
highway patrol officers everywhere. They didn't want us to get killed on that highway and have
them, our blood on their record, you know. And so the next night we went into Middlesex. We
slept on the floor of another church. And the third day we walked into Wilson. The Wilson
Police Department met us at the city limit lines, and we walked to the Wilson County
Courthouse. During those days, you had to be 21 years of age to register to vote, not 18. So we
were, I had not quite reached my 21st birthday, but I was going to be 21 by the time of the
election. So we went to the statutes, the general statutes, and found out that even though I was
20, I could still — Fitch had already turned 21. But since I was upcoming, I got, we went to the
courthouse and became registered voters. Not only did we become registered voters, but
hundreds of African Americans all across the 2nd Congressional District were inspired by our
gutless act of walking Raleigh to Wilson. They became registered voters as well. Hawkins and
Clayton lost the election in 1968, but voter registration doubled. [00:47:32] During the voter
registration, during the campaigns of Clayton and Hawkins, they invited Dr. Martin Luther King,
Jr. to come to Wilson to conduct a voter registration drive. King was going to fly into, on a
private plane into Charlotte, then he was going to fly to Wilson and conduct a voter registration
drive in front of the Black community center called Reid Street Community Center. He
scheduled his visit for April 4th, 1968. He telegrammed, he had been invited by Milton Fitch
Senior, my friend Toby’s, his father, who was the campaign manager for Eva Clayton. Let me
throw that in. King sent a telegram to Mr. Fitch Senior three days before his scheduled visit. I’ve
got newspaper articles of it, expressing regrets that he couldn’t come because he had to go to
23
Memphis, Tennessee, to assist the garbage workers there with their strike. And the world knows
what happened there. But the day that King was assassinated was the very day he was due in
Wilson to conduct a voter registration drive. And so what we were doing in Durham, we were
simply, it was simply an extension of what we had started in Wilson. And after King is killed in
April of [19]68, and Fitch and I go to his funeral.
MHP: [00:49:00] And before that, let me ask you, when you heard the news, how did
you hear the news about his assassination? What was that like for you all?
GKB: Glad you asked that. Adam Clayton Powell, you recognize that name, was in
Durham, lecturing at Duke University. He had been removed from Congress because of a long
story, but he had been removed from Congress and he was in demand on college campuses to
lecture. And so Adam Powell was invited to Duke to give a lecture. He invited, Powell invited
student leaders from NCCU [North Carolina Central University]. The U wasn’t on it back then.
It was NCC. No, it was NCCU by the time, 1968. NCCU, he invited student leaders from the
campus to come to his hotel room to talk to him about stuff. We went to his room at the Hilton
hotel right across, on Erwin Road, right across from Duke University. We sat in his suite for a
couple of hours and we talked and then Powell said, Look, I’ve got to go to lecture, so why don’t
you all go on over to the auditorium? I'll be over shortly. We went over to Duke. We sat in the
audience and it was time for the program to start. And it didn’t start. And after about 30 minutes,
someone came on stage and said, Ladies and gentlemen, may I have your attention, please. Sorry
for the delay, but Congressman Powell has taken ill and has been rushed to the hospital at Duke
Hospital. We said, wait a minute, we just left him 30 minutes ago, 45 minutes ago. He was
perfectly fine. What in the world happened? And so they said, the evening is canceled. We will
reconvene on a date, on a date to be determined. So we left. At that time, I don’t know if I
24
mentioned it to you earlier in the interview, but at that time I was also working at Duke Hospital
as an orderly. I needed some income because I wanted to buy a car and I worked as an orderly at
Duke Hospital in what was called the equipment room. [00:53:04] And so I had, my face was
well known to everybody who worked at Duke Hospital because I was an orderly. I was on all
the floors. I worked 32 hours a week, from 2 to 8 at night, 2 to, 4 to 8, 4 to 10 at night I would
work. And so I went out to the hospital looking for Adam Clayton Powell. And I walked in and I
said, Is Congressman Powell here? And they said, “Yeah, he’s up on the second floor in CCU.”
CCU was a cardiac care unit. I went up and talked to them. And you didn’t have privacy back
then. [laughs] People, nurses said, “No, he doesn’t have a heart problem.” But we put him in a
cardiac room because they have TV monitors and we can monitor the movement in the room.
Found out that he had had an anxiety attack and had had a meltdown right after we left the room.
So I went in the room and Powell says, How did you get in here? And I said, Sir, I work here. He
said, Well, get me out of here. I said Congressman, I don’t have that authority. I can't do that. He
said, You’ve got to get me out of here. There's a conspiracy to do harm to African American
leaders, and I can’t be in here. I said sir, I can't help you. Well, fast forward two days later, I get
a call that Congressman Powell has secretly left the hospital and was at the home of Dr. Cook on
Lawson Street in Durham, right across the street from North Carolina Central University. Dr.
Cook was a friend of Adam Powell. And so Toby Fitch and I rushed over to Dr. Cook’s house,
went in, and there was Congressman Powell, and he said, “You wouldn’t get me out of the
hospital. But I got out.” He said, “Now I want you to, to protect me.” Maybe I shouldn’t give all
this detail, but at this point in my life, I've got to, I’ve got to tell it all. So we went out and got
some guns. Toby Fitch and I got some, got a gun. And we came back. And with three or four
other students, we, we paraded the perimeter of that house all night long protecting Adam
25
Clayton Powell. The next day, Mrs. Cook rushed out of the house and said, “Boys, boys, boys,
come over here. Come over here for a minute. Martin Luther King has just been shot.” Said,
“What?” Said, “Martin Luther King has just been shot.” We’re standing on the corner right in
front of MacDougall Gymnasium and the Health Sciences building right across the street from
Dr. Cook. [00:54:06] We are standing there on the corner. Mrs. Cook goes back in the house.
She comes back 10 minutes later. Tears running down her cheek. “Dr. King is dead. Dr. King has
died.” And then we started crying. Because I had seen Dr. King at the March in Washington. I
had seen Dr. King on November 22nd, 1962, in Rocky Mount, where he gave a speech here in
Rocky Mount. I was on the front row with my father. So that’s where I was when King was
assassinated, remember, it’s etched in my memory very vividly, standing there on the corner.
And so I go back into the house. King is, I mean, Adam Powell is devastated. And he said, “I
told you, I told you there was conspiracy. There is a conspiracy to kill Black leaders. I want to
leave.” And he told his chief of staff, who was there with him to book me a flight to Bimini.
MHP: Is that in the Bahamas?
GKB: Yes. He has, had a private home in Bimini. It was years before I found out it was
nothing but a fishing hut. I thought it was a palatial home, but it was just a little hut. And so his
chief of staff was on the telephone making reservations for a private plane to take him to Bimini.
And they arranged the flight, and they looked at me and said, “Do you have a car?” I said, “Yes.”
“Would you take me to the airport?” “Yes.” I put Adam Clayton Powell in the back seat of my
car. He sat in the center. He was smoking a cigarette, a long cigarette. He was smoking. His chief
of staff was on this side. Toby Fitch was in the front with me. Somebody else was on the other
side. And I drove him out to Raleigh-Durham Airport and we went in this private entrance to go
into the general aviation section and there was a twin engine plane sitting there waiting for him.
26
We took him out of the car. The engines were revving. We put him — well, they weren’t revving
in the beginning. We put him on the plane, closed the door, the blades started turning. We were
running back to the car and Toby’s gun fell out of his pocket. And shot him. He’ll tell you the
story. Yeah, I guess we went years without talking about it. But the gun discharged and shot
Toby in the back part, let’s put it that way. We went to Dr. Cook’s house where we had just left.
Dr. Cook was a physician. He was the chief of staff at Lincoln Hospital in Durham. And Dr.
Cook arranged for Fitch to go to Lincoln Hospital and have the bullet removed. So that’s where I
was when Martin Luther King Jr. was [assassinated] — and those are the circumstances.
MHP: [00:57:06] This is so memorable. There’s no way you couldn’t remember. What a
story.
GKB: And then Toby and I — then I quit my job at Duke Hospital, and Toby — because
they wouldn't give me leave to go to King’s funeral. And I, Toby and I loaded up the car. We
went to Atlanta, Georgia. We went to Ebenezer Church, and we were standing in front of the
church when Bobby Kennedy drove up with John Lewis. They made us step back so they could
get through. And there was Bobby Kennedy and John Lewis, and they walked in the church. And
then one of the men working at the church came over to Fitch and I and said, “You all go to
North Carolina Central University, don’t you? Are you Butterfield, Fitch?” We said, “Yeah, how
do you know us?” And he gave us some reason he knew us. He says, “Come on, I can't get you a
seat in the church, but I'll let you view the body.” We went to the side steps of Ebenezer Church,
went up the steps, went into the sanctuary and walked down and looked at Martin Luther King in
the casket. Turned around and went back out to the front of the church. And then when the
funeral was over, we marched over to Morehouse College and and participated in the ceremonies
there at the college. And that’s where I met Julian Bond for the first time. Yeah. And then went
27
back to college, finished my final exams. This would have been May. Finished final exams. And
by this time Ralph Abernathy had taken up the mantle and King was moving from civil rights to
poverty. That was his thrust, civil rights to poverty. And he had organized a Poor People’s
Campaign in Washington, D.C., or at least in northern Virginia. [00:59:05] And they created
what was called Resurrection City. And so I came up with this bright idea that when final exams
are over, I’m going to Washington, D.C., I’m going to join Resurrection City with Ralph
Abernathy. I went there, couldn’t find Abernathy, but they told me to go into City Hall at
Resurrection City, and there was a young man named Jesse Jackson. And I told Jesse Jackson
that I was there to, to help. And he made me the clerk at City Hall. It’s kind of humorous now
that I look back on it. Jesse and I became friends. We are, his children and I are friends. And day
two on the job, I called home. And my parents said, “Come home right now.” I said, “No, no, no,
no. I cannot leave Resurrection City.” “You have been drafted into the Army. Come home now.”
I went home. I was very fortunate during those days to have a car. Most students did not have a
car. I had an automobile. I rushed home. They showed me the letter where I had been drafted
into the army. Greetings from the President of the United States of America. You are hereby
commanded to report to begin service in the US Army on June 7th, 1968. I said to my parents,
"This has got to be a mistake. I have another year left in college.” We went to the home of Mr.
D.H. Coley. There was a draft board of either three or five people and one African American on
the draft board. His name was D.H. Coley. David Coley, friend of the family. Lived two blocks
from us. Went to D.H. Coley’s house, and my father said, “There’s got to be a mistake. My son
is in college.” And Mr. Coley said, “Butter, he called him Butter, Butterfield, called him. Said
Butter, they want that boy off the street. Said, they have drafted him. You know, they, they’re
going to ship him out. They’re going to get him out of here.” And my dad said, “Well, that’s
28
wrong.” And Mr. Coley said, “I know it’s wrong, but that’s just the way it is.” [01:01:15] Went
back home, told my mother. My mother was in tears. My dad called me in the living room and
said, “I know you don’t like it. We don't like it. Go in the army, serve your country. I did it in
World War I. It will make you a better man. And get out of the army, come back, finish school,
and go ahead and chase your dreams in life.” And on June the 7th, 1968, I reported to the
Trailways bus station in Wilson, boarded a bus with quite a few other people. And we were
shipped off to Fort Bragg to begin two years in the United States Army. As I was packing my
belongings to go to Fort Bragg, there was a newsbreak on TV that Bobby Kennedy had been
assassinated in Los Angeles, had been shot in Los Angeles. And on the morning that I was
leaving, he was pronounced dead. And so when I got to Fort Bragg, got off the bus, Bobby
Kennedy’s service was on television, the news break. And I wanted to go in and look at it and
they wouldn’t let me do it. So I never had a chance to mourn the shooting and the assassination
of Bobby Kennedy. I later met his grandchildren. His nephew Patrick is a friend of mine. His
grandson Joseph is a friend of mine. We all served together in Congress. I told them this story
many times. And so I spent two years in the Army and was discharged under, a couple of months
early. That’s a long story, but it was under honorable condition. They allowed, they wanted me
to go back to school, and so I was discharged on March 24th, 1970 in order to resume my
education. Did not go to Vietnam. I spent my whole one and three-fourths years at Fort Bragg,
North Carolina, as a personnel specialist. Came back to Durham, finished college, and then got
married in August of 1971. [01:03:26] And began law school on September 1st, 1971, as a
newlywed. My wife was a teacher in the school, public schools of Durham. I was a law student
at North Carolina Central. Three years later, I graduated from law school and had several offers
to do several things. I had become an intern in the prosecutor’s office in Durham. It was called
29
the third year Practice Rule. It was a brand new thing for North Carolina. And I was assigned to
the DA’s office in Durham. Nine other students were assigned to D.A. offices throughout the
state, but my assignment was in Durham, and my boss, the solicitor, the district attorney, was
named Anthony Brannon. Brannon and I became friends. He later became Judge Brannon. But
he allowed me to work at his in his office. And so when I graduated from law school, Mr.
Brannon wanted me to stay with the prosecutor’s office. I refused to do it. Why? I wanted to go
back home where it all started, and I wanted to shake up the community just like my dad wanted
to shake up the community when he came here, came to Wilson. And so I came back to Wilson
with the full intention of practicing law. I didn’t have making money in mind. I should have, but
had no profit motive. I just wanted to get into the community and just turn it upside down and
make life better for people that I cared about. So, and I also wanted to bring a lawsuit against the
city of Wilson for what they had done to my father in 1957. So came back and set up a law
practice, failed the bar the first time. [01:05:20] Second time I took the bar I passed it. And Toby
Fitch and I started the law firm of Fitch, Butterfield and Sumner. Sumner was one of our
classmates in law school. And we started a law firm and did very well. Not financially. We paid
the bills, but we didn’t get rich. But we practiced law and we made a difference in the
community and we established ourselves as leaders and our credibility became platinum. And
I’m enjoying the platinum status of my reputation even to this day. And as I told someone a few
days ago, I may have some enemies in this community. I’m certain that I do. I just don’t know
who they are [laughs]. Because, because the people that I served — first of all, that my parents
served, that I served as a young lawyer, then I got elected judge. I didn’t even go into that. Spent
15 years on the bench. You know, my years in the courtroom, the way I treated African
American defendants in my courtroom, I didn’t break the law, but I took each case individually
30
and took my time with the case and made a difference. And I hear that every time I come home
and get out into the community and the people now who think so much of me, and I’m honored
that they do, these are the grandchildren and the great grandchildren of people that my parents
touched. These are also the children and the individuals themselves that I touched in my law
practice and my judicial career. And these people are getting older. I’m getting older. These
people are getting older now. And it’s not uncommon for me to go to a church or to a restaurant
and somebody come straight to my table and tells me a story about what I did or what my family
did, my father did, my mother did. [01:07:21] I stopped at a at a grocery store between Raleigh
and Wilson a couple of years ago. I guess it was the Food Lion in Knightdale and a lady came
rushing over to me and she said, “Are you Mr. Butterfield?” I said, “Yes.” Said, “Your mother
taught me in the second grade, and she used to bring your clothes, your old clothes, and give
them to my brother. And my family was poor. We couldn’t afford clothes. And your mother
would bring your clothes and give them to my family to help the males, the boys in my family.”
And so I’m benefiting from all of that. I’m now 76 years of age. I’ve served 15 years, first 12
years as a lawyer, 15 years as a judge, 18 years in Congress, two years in the military. You put it
all together. That adds up to 47 years, as I recall. And I've been on this battlefield for a long time.
And the struggle continues, but in a different way.
MHP: So that brings me to LDF. So you have been involved with LDF and its work.
When did you first know about, before you became involved with any of their work, when did
you learn about the kind of work that they did? And then how did you get involved with —
GKB: [01:08:45] I remember when there was a legal challenge to the NAACP’s tax
exempt status years ago because the Legal Defense Fund and the NAACP — let me take that
back. The NAACP did the litigating. They did the litigating in the city council case in Wilson.
31
They did the litigating in Briggs v. Elliott in South Carolina. They did the litigating in the
interstate commerce cases in Richmond and Little Rock and all across the country. It was the
NAACP that was, and Thurgood Marshall and Spottswood Robinson, and the list goes on and
on. They had to separate. The legal component of the NAACP had to be separate and apart from
the organization itself. The 501(c)(3). They separated. And I kind of remember that, didn’t fully
understand it, didn’t really get it till I got in law school. But LDF was then established and
began, you know, litigating all across the country. Well, in 1981, I’m having lunch with Fitch,
Fitch’s father, Frank Jones, who recently passed a few months ago, another man named George
Leach. We were having lunch one day at a Chinese restaurant in Wilson, it was a brand new
restaurant to the community. We’d never had a Chinese restaurant in town. Everything was meat
and potatoes and barbecue. But we were at this Chinese restaurant and I was saying to the group,
“It is just absolutely absurd that the county is nearly 40% African American and we have no
African American on the county commissioners. [01:10:36] We’ve got this seven member board,
all white, all male, and there’s something wrong with that.” I then mentioned to the group that
the Voting Rights Act had been passed in 1965, and I’m not sure about the Voting Rights Act,
but what it really means and how it can be used to effectuate change. But there has to be
something in this new law called the Voting Rights Act that we can use to stir it up. Well, we
returned to my office, I returned to my office and wrote a letter. Well, first of all, I called the
Department of Justice and asked for the voting section, and a lady came to the telephone named
Mary Ann Jackman. I said, “Miss Jackman, I’m G.K. Butterfield, I’m an attorney in Wilson,
North Carolina. We have a county that’s nearly 40% African American. We have a county
commission of seven, no African Americans. Every time an African American runs, they are
defeated and we can’t win. What can we do about it?” She said, “Have you heard of Section Five
32
of the Voting Rights Act?” “I have not.” She said “Anytime an election law has been changed or
practice or procedure has been changed and your county is a covered county, then that covered
county must submit the change, the proposed change to us for approval. And if the county fails
to do it, they cannot enforce the change until we approve it. Now, has your county changed
anything since 1965?” I said “Yes. They changed from everybody being elected every four years
to staggered terms. [01:12:42] Half were elected in two years. The other half would be elected in
the next two years.” She said “Well, that’s called a change to staggered terms. Was that
submitted to us for approval?” I said, “I don’t know. How would I know that?” She said, “Hold
on a minute.” She stayed gone from the telephone for five or ten minutes and she came back,
said, “I’ve checked our records. We have no submission from Wilson County on the change.” So
she said, “We have also discovered that there were two other changes that you may not know
about. The commission went from five to seven members.” I said, “You’re right.” She said,
“Also there was another change in the in the procedures. There have been three changes since
1965 and we have no record of any change.” She said, “Attorney, here’s what you do. Listen to
me very carefully. You write me a letter. Mary Ann Jackman. Send it to my home. And I’ll take
care of it.” So I wrote the following letter to her on February 3rd, 1982. And with your
permission, I would like to read the pertinent parts of it. “Dear Miss Jackman — she is with the
voting section of the Civil Rights Division — Dear Miss Jackman, as discussed with you by
telephone today, it has come to the attention of the undersigned that Wilson County, North
Carolina, changed the method of election of county commissioners to staggered terms in March
of 1976. The change was accomplished through a referendum that we believe was never
submitted for pre-clearance as required by the Voting Rights Act. It has been impossible for
Wilson County Blacks to elect a county commissioner in the past. It will now be doubly difficult
33
to do so in the future because of the staggered terms. [01:14:43] It is a proven fact that staggered
terms lessen the chance for minorities to elect their choices for public office, and Wilson County
is no exception. We therefore object to the new form of government for the reasons above stated
and request the Department of Justice to intervene and cause the former method of elections to
be restored. We are enclosing a copy of a newspaper article from February 2nd, 1982, edition of
the local newspaper, which is self-explanatory. Thank you very much. Fitch and Butterfield, by
G.K. Butterfield Junior.” I wrote this letter to Mary Ann Jackman. I wish I could find her today.
I’ve tried. Miss Jackman got the letter. She put it in the records at DOJ. Sent a letter to the
county telling the county they were in noncompliance with the 1965 Voting Rights Act, and they
could not conduct another election until these changes had been pre-cleared. The county called
an emergency meeting. The commissioners didn’t at first understand it, the lawyer explained it to
them, and they put together this very large submission and much of it is over here in a container
that I showed you before the interview. They put together all of this material, submitted it to the
Department of Justice. We were hoping that it, that the, that the Department of Justice would
deny the changes and make them revert to the old changes. They approved them. It was the
Reagan years. William Bradford Reynolds was the voting chief, but he was actually a good guy.
I mean, he did some creative things in other parts of the country. But in Wilson County, he
approved the changes. And so that’s when I contacted Julius Chambers, my friend at the
Chambers Ferguson law firm in Charlotte. Telephone 704-375-8461. [laughs]
MHP: [laughs] You haven’t forgotten that number.
GKB: [01:16:41] Called Julius Chambers and said, “Chambers, you’ve been hearing
about me down here in Wilson.” He said, “Yeah. You know, my firm cannot solicit business
under the bar rules. But if you want us to help you, we will.” I said, “What can you do to help
34
me?” He said, “Well, we can bring in the Legal Defense Fund.” I said, “Oh, the NAACP Legal
Defense Fund.” “Yes.” He said, “I have strong connections with the Legal Defense Fund in New
York City. Ten Columbus Circle. And Jack Greenberg, who is a Jewish friend of mine who
heads up the Legal Defense Fund is there. I can call Jack. Napoleon Williams runs the day to day
operations and Lani Guinier is there. And we can help you make this thing work.” I said,
“Chambers, I don't know what I’m doing. You take the lead on it.” He said, “Okay.” So I get a
call from Leslie Winner, who is a white female, Jewish, in the Chambers, Ferguson firm in
Charlotte. She calls me, introduces herself to me and tells me she’s going to be working with me.
I said, “Now, how much is this going to cost me?” She said, “Legal Defense Fund is going to pay
everything. We just need your name. We need your reputation. We need your relationships in the
community so we won’t be considered as outsiders. We need for you to find some plaintiffs that
are respected in the community. You know, men and women who can be plaintiffs in the case.
And we’re going to file a lawsuit. And we need for you to go to New York City and meet with
Lani Guinier and Napoleon Williams.” Jumped on an airplane, flew to New York at my expense,
went to 10 Columbus Circle, met with these people, and telling them about the county
commissioner. I said, “But really what I’m here for, I really want you to file a lawsuit against the
City Council for what they did to my father in 1957. [laughs] That’s why I’m really here.” They
said, “No, we have a better case.” They said, “Wilson City Council is interesting and it reminds
us of the Escambia County case that LDF filed. [01:18:51] The facts and circumstances are
similar, but we think we — Escambia County, Florida. But we think we would have a better case
against your county commission because of these three changes and because of some other legal
issues. So we will take the case. We will take the case. We will pay for everything. We’ll provide
the lawyers. We want you to be a cooperating attorney. That’s what we’re going to call you.”
35
And that was the agreement. And I returned to Wilson, I recruited the plaintiffs, and I’m
ashamed to say they were all men. Should have recruited some women. Recruited all men, and
they signed a retainer agreement. And I have a copy of that that I will share with you. And we
filed the lawsuit. After filing the lawsuit, Chambers called me one day and said, “G.K., I know
we filed a lawsuit, but there’s a case called Mobile v. Bolden out of Alabama that’s working
against us.” “What do you mean, Chambers?” He said, “That case requires plaintiffs to prove
intentional discrimination in order to win. And while I think you have a case that stinks in
Wilson County, I’m not sure we can prove intentional discrimination.” I said, “Okay, so what are
you suggesting, to dismiss the case?” He said, “No, I’m suggesting that we suspend it for a while
until Senator Kennedy, Senator Biden, Senator Hatch, and Senator Dole can reach an agreement
on reauthorization of Section Five under the Voting Rights Act. If they can reach, because
Section Five had to be reauthorized every five, 10, 25 years. You know, if they can reach a deal
on reauthorizing Section Five, they can throw into the deal a change in the proof required in
voting cases from intent to results.” [01:20:54] I said, “Okay.” And Fitch and I jumped in the car,
Fitch senior and I jumped in the car along with my lead plaintiff. I'm not sure Toby went. We
drove to Washington, D.C. We went to the Senate chamber. We sat in the gallery looking down
on the Senate floor, and we saw the Voting Rights Act extensions of 1982 being debated. Senator
Helms, Senator Strom Thurmond, Senator East and others were opposed to changing the
standard of proof from intent to results. And they were opposed to extending Section Five. And
we witnessed the debate on the Senate floor. The usher in the Senate came over and told us that
our time was up being in the gallery. And we begged and pleaded to let us stay longer. And we
did. Senator Helms made this statement on the Senate floor that if this thing passes then more
African Americans are going to get elected. Precisely so. We stipulate that. That’s what it’s all
36
about. [laughs] Well, the law, the amendments to the Voting Rights Act passed. And because of
that, we now have a green light to go forward with what we call the Haskins case. And that’s
when the Legal Defense Fund said, okay, we can do some other things. We’re going to go and
challenge the method of electing legislators in North Carolina. Filed another lawsuit. I’ve got the
date over there on a piece of paper, but found another lawsuit, Gingles v. Edmisten, challenging
the multi-member legislative districts for the state House and state Senate. And that case became
a seminal case in the whole country for voting rights litigation. It later became Gingles v.
Thornburg. Edmisten was the Attorney General. He stopped being Attorney General. Thornburg
became Attorney General. So the name went from Gingles v. Thornburg, and I became the
spokesman for the class, the class plaintiffs in Gingles. [01:23:10] And it was my job to go to the
to the North Carolina legislature during the debate, during the hearings on redistricting, for me to
make the case to the legislature to break up these single member, these multi-member districts in
favor of single member districts. And I was laughed at, at the legislature. Leslie Winter and Lani
Guinier had prepared a huge map of what it would look like to have single member districts for
all 120 House seats and for all 50 Senate seats. And I put this big map on display in the
committee room of the legislature, and it was laughable to these white legislators. They could not
imagine that this would ever happen. Well. LDF won the Gingles decision. LDF won on
summary judgment the Haskins decision here in Wilson County. Other counties started calling
me. Nash County, next county over. Halifax. Vance County. Granville County. Town of Enfield
started calling me. “Attorney Butterfield, how did you do this? Can you do it for me? Can you do
it for us, in our county?” I would call in the Legal Defense Fund and I would tell them, “I’ve got
a case in Halifax County. It’s a good case. Would you get involved?” They would write the
check and they would invest in the litigation. Halifax County was, well Nash County was
37
Jackson v. County of Nash. Halifax was Horace Johnson v. County in Halifax. Vance was Ellis
v. County of Vance. Granville county was McGhee v. County of Granville. Town of Enfield was
Bud Whitaker v. Town of Enfield. And the list goes on and on and on. But I get credit in those
cases that I don’t deserve. I got the reputation of being the lead lawyer in these cases. [01:25:15]
Nothing could be further from the truth. Sure, I helped answer the interrogatories, I did the
request for admissions. I may have made some edits, you know, in some of the pleadings. But
98% of the work — I’d say 90% of the work — 90% of the work in these voting rights cases
belongs to the NAACP Legal Defense Fund. Not G.K. Butterfield. I was the local counsel. I was
cooperating counsel. I didn’t know the body of law that we were dealing with. Lani Guinier was
a professor, became a professor. She was a scholar, let’s put it that way. Lani was a scholar,
Leslie a scholar. Napoleon Williams. And the list goes on and on. And I could call other names
at LDF.
MHP: [01:26:02] But let me ask you about those names. Tell me a little bit more about
them. Winner, Guinier. Just, you know, any — what were they like?
GKB: [01:26:10] They had passion that was unmatched. Lani was a — Lani was a
northerner. She was a scholar. And I've read her bio. She’s deceased now. She was very
passionate about legal issues, particularly civil rights. Leslie grew up in Asheville, North
Carolina, as a Jewish child of a Jewish family. Very few Black people in the community. But she
developed a passion for civil rights. And then she joined a civil rights law firm in Charlotte —
Chambers, Ferguson, Stein, Watt, Wallace and Atkins was the name of the firm. And so, the two
women, while different backgrounds, became colleagues, they became partners in voting rights
litigation. And when the Gingles case was argued before the U.S. Supreme Court, Thurgood
Marshall was on the court. And I came up with this bright idea that I wanted to go to the oral
38
argument, but I also wanted to be admitted to the court, to the Supreme Court on that day. And
so, I submitted my paperwork. I was approved to come to the Supreme Court on the very day
that Gingles was argued to the court, I was admitted to the Supreme Court bar. And Julius
Chambers was to present me to the court. He was also making the oral argument to the court. I
was disappointed. I never told Chambers this before he died, but I was very disappointed that
Leslie did not make the argument to the court because she had done the heavy lifting in these
cases. But he had the name, he had the profile. He was African American. He was connected
with Thurgood Marshall and all of that. I can understand it. So Leslie took a backseat. Julius
Chambers made the argument to the court. Well, Chambers came to the conclusion that he did
not need to present me to the court, that his mind needed to be focused on this, on this
presentation to the court. [01:28:24] And so he asked Ferguson to present me to the Supreme
Court. So the court opened that day. The justices came in. I was sitting in a chair like this. The
court was right in — the audience was behind me, the court was right in front of me. I was seated
here and I’m seated directly in front of Thurgood Marshall. And I said, “If I could just go over
and shake his hand, if I could just shake his hand.” My mother had told me that she had met him
socially and at Hampton when she was there years later, when she had to go back and get a
college degree. But I took the oath at the Supreme Court. Ferguson presented me to the court.
And I had to then go back in the audience. And that’s when Chambers stood up and the solicitor
general stood up and presented the arguments to the court and won the case. And North Carolina
had to break up all of these multi-member districts into single member districts. And because of
that, we went from two or three Black legislators to 20 or more in the legislature. But I give you
all of that painful detail to reinforce the point that it was the NAACP Legal Defense Fund that
made it happen. There were other groups. There were the Lawyers Committee. There were other
39
groups that were litigating. There was some respectful tension between the groups. But they were
aligned. They were — the same purpose. Give an example. I brought in the Legal Defense Fund
to do a case in Rocky Mount. The city of Rocky Mount had annexed 12 or 13 new areas into the
city, which diluted minority voting strength by bringing in these white areas. And we wanted to
oppose these annexations and the Legal Defense Fund got involved. [01:30:14] We found out
that another group, Lawyers Committee for Civil Rights under Law, was also getting involved.
And so there became some tension. And so the Legal Defense Fund said, “Hey, we’ve got all the
cases we need. You know, we don’t need to be involved in this.” So LDF backed out and
allowed the Lawyers Committee to go forward, and they won the case. And because of that, the
city council went from zero, to three out of seven. And today they have five out of seven on the
city council in Rocky Mount. Okay.
MHP: [01:30:52] Yeah. This is perfect. Let me ask you about. I think, was one of those
letters dealing with Haskins v. Wilson — or not one of these? I know you had one and then we
didn’t bring one over.
GKB: [01:31:09] Yes, I do have another letter. I have to refresh my memory. The first
letter was February 3rd. The second is March 18th. [reading] “Dear Julius Chambers, On
Monday, March 15th, 1982, I met with Napoleon Williams and Lani Guinier of the Defense
Fund, meaning the Legal Defense Fund, in their New York office concerning Watkins v. Wilson
County. That’s when I wanted them to do the City Council case. I was most pleased with my
reception and the concern expressed by these individuals for our flight, plight, in Wilson. I
informed them that our problems were not limited to the county commissioners, which they had
already agreed to do. Not limited to the county commissioners, but included the City Council as
well. The city had in place a ward system of election for council members until 1957, when it
40
was replaced with an at-large system with the anti-single shot law. The election of my father in
1953 as the first Black alderman triggered the 1957 change in election procedure. Needless to
say, he was defeated. The only other Black to ever be elected was a slated candidate by a white
interest group in 1975. He was elected again in 1979 and reelected in 1981. It is my hope that
consideration be given to joining a section two challenge for the City Council with the section
two and section five challenges of the county commissioner.” And that’s the one that they
denied. The Legal Defense Fund said, “We've got a better case here than we have here.” But —
but to complete the story, after we won the county commissioner case, I was going to sue the city
over, the city council, with or without the Legal Defense Fund. I was just that adamant about it.
Even if I didn’t know what I was doing, at least I’d learn something through the Haskins case.
And the city council got wind that I was getting ready to sue them and they voluntarily changed.
[01:33:11] They changed from seven, they’d gone from six members to seven. They changed
from seven at-large to seven districts. They called in a consultant. Consultant drew the map, and
before I could get the lawsuit ready, they voluntarily changed.
MHP: [01:33:27] So it had the impact anyway.
GKB: [01:33:29] Oh, sure it did. And then word got out and it was only a rumor because
I really wasn't thinking it. But the word got out that G.K. Butterfield’s next target was the Board
of Education. Hadn’t even thought about it. And next thing I knew, the Board of Education was
calling an emergency meeting. I don’t know about an emergency meeting. They called a meeting
and changed the method of electing the school board from at-large to districts. So, the school
board districts are the same as the county commissioner districts. And because of that, we now
have so many African Americans serving in these on these boards, it’s just heartwarming.
41
MHP: [01:34:09] So one or two cases really can cascade into having this influence over
many different cases.
GKB: [01:34:15] That is true. And a letter in the middle of the day from a lawyer who
doesn't know what he's doing in Wilson, North Carolina, to the Department of Justice, started the
motion, started the wheel turning. And that letter, I would argue, precipitated and triggered a
voting rights avalanche in eastern North Carolina. Legal Defense Fund needed my credibility and
my interest and my enthusiasm [coughs] and my relationships in order to be respected. I needed
the Legal Defense Fund for their money. Hello, money, and their legal expertise and everything
else that that you need to have a successful lawsuit. And so it was a marriage between my law
firm and the Legal Defense Fund. And it was a beautiful marriage. So anytime I hear LDF, I go
out of my way to have an interview. Yeah.
MHP: I'm going to ask you next about the Person County Committee on the Affairs of
Black Citizens.
GKB: [01:35:24] Yeah.
MHP: Let’s, tell me about the Person County Committee on the Affairs of Black Citizens
v. the County of Person, North Carolina. Let’s talk [inaudible].
GKB: [01:35:37] That’s the case, that’s the case that I know the least about. And I’ll tell
you why. Because I was running for judge. I was beginning to run for judge and I never got into
the judicial lawsuit. I don’t think that was LDF. That was not LDF. It might have been, it was the
NAACP, but not the Legal Defense Fund that litigated the way we elect superior court judges.
The case was settled and that’s how I got elected to the bench. But as I was getting ready to
become a judge, that’s when I brought the Person County case to LDF. But I was really not a
part of it.
42
MHP: And we don’t have to talk about it.
GKB: Yeah. The people in Present County were friends of mine.
MHP: Got it.
GKB: But I can tell you a whole lot about the other cases. Do you have Halifax County
on your list?
MHP: [01:36:25] You know, I don’t. But we want to ask you — this interview should
definitely be driven by what you feel is a priority and what you —.
GKB: Halifax County.
MHP: [01:36:34] Let’s talk about Halifax county.
GKB: Horace Johnson walks into my office one day. Never heard of Horace Johnson. He
was a Black farmer from Halifax County. Not terribly educated, but an activist for sure. Horace
sat at my desk and said, “Lawyer, I just ran for county commissioner in Halifax County. We’ve
never had a Black county commissioner. They stole that election from me.” “How do you
know?” “I know it. I know they stole that election from me, and I don’t like it. And I want you to
do something about it. You did something here in Wilson, I want you to do something about it in
Halifax.” I said, “Well, Mr. Johnson, I don't know what you’re talking about. I don’t know what
I can do. Let me go up there and find —” he said, “Go to the Board of Elections. You’ll see the
ballots all out on the counter. They’re supposed to be in a box under lock and key.” Drove to
Halifax County, walked into the Board of Elections office. And Mr. Johnson was right. All of —
and this is the day after the election. Live ballots laying on the counter and I could actually look
at the ballots. These are paper ballots. I could actually look at them and see the name of people
who had been voted upon. I challenged it and they dismissed me in the in the Board of Elections
office and just told me, have a nice day. So I came back home, came back to my office, called
43
Mr. Johnson. I said, “You’re right, you’ve got a problem. So what I’m going to do, I'm going to
challenge the election outcome.” I didn’t bring in LDF at the time. In my own little way as a
country lawyer, I filed a challenge to the election outcome. [01:38:18] They had a hearing before
the county Board of Elections. There was one African American on the board, the board of
elections, and they laughed at me. The hearing lasted for a full day. It was very hot, didn’t have
air conditioning in the room back then, and it was sweltering hot. But we lost. Went to the state
board of elections. We lost. I then filed something in superior court in Wake County, which was
the law. Went before a judge in Wake County. He looked at it, threw it out, said “You don’t have
a case.” Threw it out. Went back to my client, Mr. Johnson. I said, “Horace, you don’t have a
case. The judge is not going to recognize it.” “What do we do?” “Well, you call in the Legal
Defense Fund.” Called Julius Chambers. Chambers called the powers to be with LDF. They
descended upon North Carolina. We were told to choose some plaintiffs. This time I found some
female plaintiffs. We met. We met at the First Baptist Church in Weldon, and the whole
community showed up. It must have been, not the whole community. Forty or 50 people showed
up from the community. I explained to them what could be involved in a lawsuit, and I said, We
need some volunteers. And 19 people raised their hands and those 19 people became our
plaintiffs in Halifax County. We then litigated the case. We filed the case, and eventually, after a
long time, finally the case was settled and the county said, “Let’s draw, you all draw a district.”
LDF looked at me and said, “What kind of district do you want?” And the demographics of the
county are so disorganized that it was, it was difficult to get compact African American districts
around the county. [01:40:17] So I came up with this bright idea. Two seats ought to be on this
side of Interstate 95, two seats on this side of Interstate 95, elected in alternate years and two
44
elected countywide at large. And the court accepted it, the county accepted it, the court accepted
it. And that is still in effect today.
MHP: [01:40:41] What was that case? What is the name of the case?
GKB: Horace Johnson v. County of Halifax. So we drew these districts and two African
Americans were elected to the board. Two were elected to the board initially, and now there are
four on the board out of seven, and they’re all friends of mine. And of course, those were
initially elected. They have passed away now. And this is a new generation of leadership. But all
of the people of Halifax County know, the leadership knows that I drew those districts. And so
when I ran for Congress in Halifax County, it was very heartwarming to see the support that I
had.
MHP: Who were the LDF litigators that you worked with?
GKB: Same ones. Same ones. And then Granville and Vance County called. And I’ll
make this explanation shorter than Halifax. They called me, did the same thing that we did in
Halifax, had community meetings, got plaintiffs, and I filed those cases on Martin Luther King’s
birthday, January 15th, 198[7], maybe. I walked into the clerk's office in federal court and
dropped these two lawsuits on the same day. And LDF won both of those. Both of those. And
then that’s when Person County came up that you made reference to a minute ago. But by this
time, I was beginning to run for judge and I was trying to back away from controversy. [laughs]
And so the voting rights movement has been very significant here in the state, and I’ve been very
much a part of it and I’ve benefited from it.
MHP: You have done so well with this. We’re literally on our concluding questions.
Unless there are other specific LDF cases. I'll circle back to that. So in these —
45
GKB: [01:42:38] Can you, can you suspend the recording for just a second?
MHP: Yes —
GKB: No, I want to look at my list.
MHP: Yeah, yeah, that's fine.
GKB: Yeah.
JP: Just pause.
GKB: Just pause.
MHP: Or, you know what, or we can do these and then do some more cases.
GKB: Okay.
MHP: That’d be —
GKB: Yes. All right.
MHP: That’d be — let’s do that. And then we’ll do the cases. Do you need to take a sip
of — ? So what would you want the public to know about your work with LDF that maybe they
don’t know now? Anything you can think of?
GKB: [01:43:00] The world should know that the NAACP Legal Defense Fund has been
very instrumental in transforming the political systems in North Carolina and throughout the
South. Had it not been for LDF and its brilliant lawyers and its financial resources, much of
which was made possible by white people, and white corporations and white philanthropists.
Had, were it not for the resources and the talent of the Legal Defense Fund and the activist nature
of the organization, we would not have had these monumental changes in election law and
procedure and election systems. Had we not changed the election systems, we would have still
been backwards. We would have still been unable to fully enforce the Voting Rights Act as it
was intended. And the LDF has been at the table. Not just in the court room, but they’ve been at
46
the table when negotiations, political negotiations and policy negotiations were taking place with
the Senate and with the House of Representatives and with thought leaders and think tanks all
across the country. I was chairman of the Elections committee in Congress, the Elections
subcommittee in Congress. And my desire to want to do that is obvious, why I would want to be
the chairman of the Elections subcommittee. Plus, Nancy Pelosi wanted me to do it. But LDF
was part of our work in Congress, testified before my committee. Whenever I would hold field
hearings in other parts of the country, LDF would send witnesses to testify and help make a
congressional record. And so all of that to say, the NAACP Legal Defense Fund has been the
catalyst in transforming the political systems of the South, and we are grateful for it and we are
better off because of it.
MHP: [01:45:06] So in your opinion now, we’re in some different times, but you’ve seen
a lot of challenging times. In your opinion, how can LDF continue to do meaningful work in the
21st century?
GKB: It’s very difficult now because of the Supreme Court’s ruling in 2013 striking
down Section Four of the Voting Rights Act which defines which jurisdictions should be covered
by Section Five. But because of housing patterns and so many other factors, it’s hard to, to even
draw districts. But the greater point is that you have to have a factual basis in order for the
federal government to supersede state law. I’m talking legalese now. This is something that non-
lawyers really don’t relate to, many of them. Many do. And so in order for federal law to
overcome, supersede state law, have to have a significant factual basis, not just one or two
incidents of discrimination, but a pattern of discrimination. And it’s kind of hard to find. And so
when Senator Manchin and others say that it should be a nationwide Section Five, that is, that is
disingenuous. You cannot have, you cannot have the federal government telling a county in
47
Wyoming, you’ve got to send us your election changes before they take place. It has to be
targeted to an area and it has to be based on past, recent past discrimination. So all of that to say
that I’m not terribly optimistic that Section Five will ever return. And I hope I’m wrong. Section
Two, the other part of the Voting Rights Act, gives minority communities, Black communities,
Hispanic communities, Asian-American communities, AAPI we now call it, give them the right
to litigate any grievances against an election system or practice. [01:47:14] Section Two is under
attack. Some of the opposition is arguing that Section [Two] should only be available for the
Department of Justice to bring a lawsuit and not individual plaintiffs. So that debate is taking
place right now. There’s also legislation, not legislation, a case pending in the U.S. Supreme
Court that will take the standard of proof from discriminatory result, which is what came in
1982, back to intentional discrimination. And if LDF and other civil rights groups, voting rights
groups are made to prove cases based on intentional discrimination, then there would be fewer
outcomes and fewer lawsuits that are filed. Now remember, remember to litigate a Section Two
case in federal court — when I came along, it was hundreds of thousands of dollars. Today, it’s
millions of dollars. And so the Legal Defense Fund has got to apportion its resources to the cases
and for the cases that are most significant.
MHP: And my next question. I think this brings everything full circle. What does the
Legal Defense Fund mean to you?
GKB: [01:48:37] When my father came along, there were certain things that were, that
were very precious and sentimental to him. One was Shaw University. The other was Meharry
Medical College. Another was the NAACP. Those things were just precious and sentimental and
personal to my father. To me it is the NAACP Legal Defense Fund that I endear myself to, that’s
important in my development. Because had it, were it not for the NAACP Legal Defense Fund
48
litigation and its resources and its innovative ideas and thoughts, we would not have been able to
change much in our political systems. Without changing political systems, then you don’t change
economic opportunities and you don’t change other things that are important to minority groups.
And so the Legal Defense Fund is near and dear to my heart. And when you called to say that I
want to interview you, I gladly accepted. I’m glad we could agree on a date and time. And I’ve
accumulated a vast amount of documents and information and, including pictures, that I’m
delighted to share with LDF on the condition that it is preserved. And I’m confident that it will
be preserved, preserved for posterity, because I cannot take these papers and pictures with me to
heaven. They’re going to have to stay with someone else when it’s, when it’s my time to leave.
And so I’m delighted to be a part of this interview. And I want to thank you.
MHP: [01:50:29] And you’re going to look to see if there are more cases you want to
talk about. I think we’ve hit the big ones, but more you want, the ones that are important to you,
we want you to talk about.
GKB: I think I’ve covered it. Yeah.
MHP: I want you to drive that. But is there anything else that you want to add that my
questions just didn’t address?
GKB: No, I — this is one of the better interviews that I’ve had about the subject matter,
and I’ve —
MHP: This has been my favorite interview that I’ve done so far.
GKB: Yeah.
JP: It’s been great.
GKB: Yeah. Well, I’ve, as you can imagine, I’m in high demand, you know, with some
groups who want to talk and help them with their research and some are better than others. Let
49
me put it that way. But your demeanor and your temperament, and you’re, obviously you
prepared for this today. I mean, the way you’ve presented it and just let me talk, you know,
instead of interrupting me in the middle of a thought, because sometimes a person of my age,
you kind of lose this train of thought, you know, and if you get interrupted, it’s kind of hard, it’s
hard to get back on track. [laughs]
MHP: [01:51:31] Look, at my age I know that myself.
GKB: Yeah, but it’s — yes.
MHP: But this is your story, so oral histories are really about the person’s story and I try
to very intentionally stay out and let you have your space —
GKB: Well you’ve done well.
MHP: — to tell the story you want to tell.
GKB: I’ve done, I’ve done hundreds of interviews over the years and there are some
interviewers who are better than others. And I put you in the top five percent.
MHP: Thank you. I’m so flattered. I think because I'm interviewing you as an oral
historian and not as a journalist.
GKB: Yeah. Sure.
MHP: I used to be a journalist, and that’s — journalists get in the way sometimes. Here’s
my question, though. I know this might seem like an odd question. Do you feel, are you at that
point where you feel satisfaction when you go back to what happened to your dad — because
that bothered you, really bothered him, right?
GKB: Yes.
MHP: Are you at that point in life where you feel like you’ve — where are you with
that?
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GKB: [01:52:25] I have a sense of satisfaction that we went from no Black elected
officials to now having Black elected officials at every level of government here in North
Carolina. That is satisfying. Where I’m less than satisfied is that there are still challenges in the
community. There’s still, there’s still crime. There’s still health care disparities. There’s still
police misconduct. And there’s so many, the gun epidemic that we have in the country. There are
so many problems that politically we have been unable to solve. We’ve had a Black president.
We now have a Black female vice president. We have [5]8 African American members of the
Congressional Black Caucus. We have the Governor of Maryland. And the list just goes on and
on and on. But the needle is not moving fast enough to lift people out of poverty. And
Congresswoman Barbara Lee talks about it all the time. Poverty is pervasive in our, in civil
society. Homelessness is pervasive. And we’ve got to do, we have got to do more. Black elected
officials must be challenged. Other elected officials must be challenged. We’ve got to do more to
eradicate poverty and to eliminate health care disparities and all of the other things that are near
and dear. Education. I don’t know what the Supreme Court is going to do with affirmative action
and student loans and all of the other things, but we have so far to go. But I would be, I would be
wrong to say that we have not made progress. We’ve made huge progress. But just getting
representation is not in and of itself the panacea for the issues of our day. Yeah.
MHP: [01:54:20] How are we on time? I just want to make sure I —
JP: It is 11:45. Almost exactly.
MHP: Okay. And I have, only if you have it —
GKB: We’re good.
MHP: — Congressman Butterfield, I wanted to — just a quick question, but only if you
can think of something. But this is putting you on the spot. If you can, just anything anecdotal
51
that you can recall, and it may not come to mind now, about working with Guinier or Winter?
Anything that you think of just sort of anecdotally that you could tell us. Or any of the other
litigators?
GKB: [01:54:55] Lani Guinier instructed me to go through the discovery material that
we had asked for in the Haskins case. And Lani and Leslie had asked for every piece of paper
that you can imagine that had been acted upon in county government. And that included the
minutes from the hospital. The county owned the hospital. The minutes of the meeting from the
board of trustees at the hospital. Guinier and Winter wanted the minutes of the board meetings at
the Department of Social Services and the Health Department and the county commissioners.
And it was a ton of information. I have it back here in a box. And they instructed me to go
through this discovery material and to see if I could find some powerful things that could help
make the point that there was a history of official discrimination in the county. And I spent days
and days and days poring through this information. And one day I ran upon something that I
often talk about. In 1964, the county opened a public hospital here in the county. They closed the
Black hospital, which was privately owned. The Black hospital closed, it was called Mercy
Hospital, and folded into Wilson Memorial Hospital. That was a good thing. The African
American man who was the administrator of the Black hospital, who was loved by the white
community and the Black community, was given a seat on the board of trustees at the new
hospital. So you had 12 members of the board. One is African American, the other 11 are white
men on the board of trustees. This is 1964. 1965, Medicare is enacted by Congress, Medicaid
enacted by Congress. So now the hospital, instead of having to depend on insurance, which most
people didn’t have, paying the bill, you’ve now got Medicare. It’s going to pay for seniors to get
health care. And all of a sudden the floodgates of money opened up for the hospital. So the
52
hospital is finally operating in the black. [01:57:18] They are making a profit and providing good
service. In [19]66, the following year, the Department of Health, Education and Welfare [HEW]
came down to inspect the hospital and found out that the rooms were segregated by race. HEW
confronted the hospital and said, “You can’t do this because the [19]64 Civil Rights Act
prohibits discrimination when you receive federal funds. Medicare is a federal fund. Therefore,
you are in violation of the Civil Rights Act by segregating your rooms.” Hospital’s retort was,
“We don’t segregate our rooms intentionally. This is what people want. Black people want to be
in Black rooms and white people want to be in white rooms. And so we haven’t done this
officially.” HEW came back a second time and said, “We’ve talked about it and that is
pretextual. That, that’s not going to — as we say in the South, that dog is not going to hunt. It’s
not going to work. You’ve got to integrate your rooms.” The board called an emergency meeting
and the Black man on the board, William Hines, is his name, was his name, made the motion to
tell HEW to get off our backs. That this is what we want to do. It is not intentional. This is what
the people want and to tell them to leave us alone. That we don’t discriminate. The white
community gets the Black man on the board to make the motion to tell HEW to stop accusing us
of discrimination. Well, HEW didn’t accept it. Rightfully. And came back down and told the
hospital they were going to lose their funding, which meant the hospital would close. And the
board was then forced to reconsider and to pass a resolution of nondiscrimination on the
assignment of rooms. And because of that, rooms became, became integrated. And so I don’t
know how we got into this, but yeah, how was your question?
MHP: You were telling us some different questions —
GKB: You said anecdotes.
MHP: Anecdotes of Winner and Guinier.
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GKB: [01:59:27] And so I found the minutes of that meeting because Guinier and
Winner had instructed me to pore through these discovery items. And I found these minutes and
I’ve saved them. And, because those that discriminated were not always white people. There
were some Black people who were complicit in the discrimination, unfortunately. Yeah.
MHP: I think that is everything.
[END OF INTERVIEW]