Famed civil rights attorney had area ties
Black History Month gives Americans an opportunity to look to the past and study African-American history which has helped pave the way for a past that has been overlooked. Many contributions in all areas of life have sprung from black Americans.
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Famed civil rights attorney had area ties
Black History Month gives Americans an opportunity to look to the past and study African-American history which has helped pave the way for a past that has been overlooked. Many contributions in all areas of life have sprung from black Americans.
Sandra Nelson lives in Dallas but has East Texas and Wood County ties. She recently visited her cousin, Brusker Fannin, and his family north of Quitman.
She has been on a mission to secure the legacy of attorney William (Willie) Joseph Durham, who practiced law in Texas and had an important role in the journey for Civil Rights in the 20th Century.
She has been working on a history and documentary for a master’s thesis at the University of Texas. Her studies and findings give an insight into the trials and tribulations of the Durham family as they grew in East Texas. She has produced a documentary on William Joseph Durham.
Nelson said that her family comes from all backgrounds.
”In our family alone we have Cherokees, Irish and freed slaves. It is such a mix,” Nelson noted. “When we go through our genealogy and look at our records, we see a full collective of what America really is, the true story.”
William Joseph Durham was born to Henry and Mary Durham in the Sandfield community just north of Wood County in Hopkins County. Durham became a leading legal figure as an attorney during the civil rights era in Northeast Texas and Dallas.
Willie Durham had nine siblings. Their parents were believed to have met in Mineola. Henry was born in Jefferson to Zach Durham, a white man, and his mulatto slave, Daisy. Being bi-racial, Henry could pass for a white man and used that advantage to his benefit in trading and securing property. He had been freed by his father in 1855 at age 12.
Henry’s father Zach had made the journey to Texas in the 1840s and brought his slave family with him. By day, Daisy drove the wagon with the household goods and children while Zach rode ahead in the forest so they would not be seen together. During this era, laws and society pressures dictated this necessity because a white man could not be seen with a black wife. He would join his family when night fell.
Henry was a barber by trade and is listed as one of the first barbers in Reilly Springs. He and John Cook opened a shop in the back of a store. He also had a farm.
Willie was born in Sandfield in 1896 and got his early education there. He had aspirations to become an attorney. At 17, he moved to Dallas to begin his education in law. He rode the train to Kansas and worked odd jobs to attend Emporia State College.
After just one semester, he was called to duty in World War I where he proudly served in the fighting in France. He returned to civilian life in Sherman where he studied law under white attorney Ben Gafford.
After completing his studies, Willie came against racial opposition when he attempted the bar exam. He finally passed the bar and opened an office in Sherman in 1926.
In 1930, a white mob burned down his office along with the black business district in Sherman. During this time the mob lynched George Hughes on May 30, 1930 in what has been dubbed as the “Sherman Riots.” This served to fuel Willie’s determination to try Civil Rights cases.
Durham moved his office to downtown Dallas. A multi-level luxury apartment complex is there now across the street from Booker T. Washington High School.
“Willie Durham’s original home was at 3814 Munger in what was known as the old Negro Village,” Nelson said. “Willie Durham chose to take on cases working hard to gain the rights for Blacks to vote in Democratic primaries.”
He tried the Smith vs. Allright case in 1944 in front of the Supreme Court. It has been termed as the second emancipation of the Negro.
In 1940 a public housing project in South Dallas forced several hundred Blacks to move into white neighborhoods.
The Dallas City Council passed an ordinance requiring segregation which was unconstitutional. Willie took the case on behalf of the Black homeowners and the ordinance was dropped. It was a clear victory for Black Dallas and Willie.
In 1945, Willie, along with Thurgood Marshall (future Supreme Court justice), worked together on the famous Sweat vs. Painter Case which would end segregation at the University of Texas Law School. They won the case and Black students were able to enroll at the university.
“Thurgood Marshall was the first black Supreme Court justice and sat second chair in that case. People promote that Marshall was first chair but he wasn’t,” Nelson said. “Even Thurgood Marshall said it was an honor to sit second chair to William Joseph Durham. This was important because it was in Texas. It was said this decision trickled down to the hallmark Brown vs. Board of Education case.”
In her quest to honor Willie Durham, Nelson said, “The underlying theme is about an amazing man named William Joseph Durham and how he has been erased from Texas history and also U.S. history. People should know who he is because he should be remembered for what he offered America based on our Constitutional rights. He was a superb lawyer, not just for the NAACP (National Association for the Advancement of Colored People), but for the nation at that time.”
For more information and to learn about the documentary on William Joseph Durham go to chasingdurham.com.