From the Legion Point of View
An excerpt from:
The American Legion Story
by Raynond Moley, Jr.
With a Foreword by
J. Edgar Hoover
Printed by:
Duell, Sloan, and Pearce
New York
Any appraisal or understanding of The American Legion must consider its vitality and performance in this light. Obviously, the Legion has had to meet change and challenge from time to time within its organization. Most recently for Legionnaires there has been the painful controversy over the Forty and Eight Society.
Following World War II, serious concern over the eligibility clause of the Forty and Eight constitution arose. This subordinate organization of Legionnaires was long regarded as an honor society devoted to camaraderie, the more playful aspects of National Conventions and to a number of good works. Its constitution stipulated that members be “white Males.”
Since the Legion is a cross-section of our population drawing its membership from all nationalities and races, men and women who served honorably in our wars, it was inevitable that headted debate would center on the issue of exclusion for reasons of race. When the Forty and Eight leadership took no action over a period of years, the 1959 Convention unanimously adopted a report of tits Constitution and By-Laws Committee which declared the “white” restriction to be illegal. The convention called on the Legion’s executives to seek the “sympathetic support of the Forty an Eight” to remedy the situation. The Legion was condemned in some segments of the press for not having passed a stronger resolution.
Within weeks National Commander Martin B. McKneally named a special committee headed by James E. Powers to confer with a Forty and Eight committee. Representatives of the Forty and Eight adopted “a passive attitude.” McKneally asked the NEC to correct the situation. He directed National Judge Advocate Ralph Gregg to prepare a review of the legal aspects. Gregg reported that the Forty and Eight could not invoke membership restriction that went beyond the Constitution an Charter of the parent organization. He added that the restriction was in violation of the Fourteenth Amendment of the United States Consitution and warned that both Thae American Legion and the Forty and Eight were liable to legal actions by state attorneys general. Already such action threatened in California, where the national Forty and Eight had suspended a voiture’s charter. This Forty and Eight unit had taken in a Legionnaire of Chinese extraction.
The NEC debated went beyond the legal question to consider principle and adverse publicity. “How,” asked one NEC-man “can a subsidiary organization find members of this Executive Committee itself ineligible for membership?”
The NEC overwhelmingly passed a resolution giving Commander McKneally the power to use “any and all measures” to end the illegality. McKneally recognized his responsibility to see that action was taken and in stating his position said:
I believe that The American Legion, composed as it is of veterans of three wars which were fought for the preservation of freedom and human dignity, should be in the forefront in promoting brotherhood and should be the leader in allaying prejudice.
On the basis of leagl opinion, McKneally informed the Forty and Eight that its use of the name and emblem of the Legion was prohibited. This prohibition is still in effect. A year later, Commander William R. Burk resigned from the Forty and Eight and stated that it was each Legionnaire to decide whether his loyalties would remain with The American Legion or with the Forty an Eight Society. In certain areas the Forty and Eight operates as before, and nationally it still puts Legion service and membership as a prerequisite to membership. The 1960 Convention found it inappropriate to allow the Forty and Eight to participate in Legion programs. National Adjutant E. A. Blackmore observed:
This is a matter which has been painful for all of us. It is a matter which has caused us to disassociate ourselves from old friends and old comrades. It is a matter which is now a closed issue. In the future we in The American Legion must give our best efforts to he advancement of the fundamental programs of our organization.
Today, the Legion’s powerful organization stands on a foundation of many lasting truths. Its structure, its ideals, its activities, and its promise rest upon that firm base. In full vigor, it looks with confidence to the capabilities of its organization.
The 40&8 Point of View
Source:Grand du GA and second is from National 40&8 Website History
Page
1959 - 1960
An entry in the official history is intriguing. “The Soviet’s Big K beating his desk in the United Nations - Cuba’s Castro raving against the United States for four solid hours - The American Legion’s leadership denouncing the Forty and Eight as ‘offensive’. These are some of headline happenings of the year which are difficult for the historian of today to understand, but which perhaps will come clear to those of the future.” Although there had been some ripples of discontent in past years, 1960 cast a dark shadow on the future relationship of The American Legion and The Forty and Eight. Many issues brought the organizations to logger heads. First, the Forty and Eight had been refused authority to have a separate parade function at National Legion Conventions for the past few years. Secondly, the Forty and Eight felt the National Executive Committee of the Legion had been attempting to usurp the independence of the Forty and Eight. Thirdly, certain allegations had been made by the Forty and Eight regarding the power of seven individuals within the Legion, which was interpreted by the National Executive Committee of the Legion as demeaning to that organization. Fourth, The Forty and Eight was “Snubbed” by the American Legion after it had donated $50,000 to the Child Welfare Fund, and no mention of gratitude was made. Fifth, The American Legion had refused the Forty and Eight the opportunity to hold its Promenade Nationale in the same city with the National Convention of the American Legion. Lastly, The American Legion demanded changing of the Constitution of the Forty and Eight, an action which did not pass in two previous Promenades Nationale. The bickering, over years, had finally brought the organizations to sever their long term relationship as a parent and subsidiary organizations.
1959 (1960)
The Forty & Eight severed ties with the Legion and became an independent organization.
There had been ripples of discontent for several years. The organizations were fundamentally different. The Legion was large, easy to join and non-fraternal. The Forty & Eight was elite, by-invitation and racially restrictive. The Forty & Eight had monetary resources many in the Legion deemed theirs. Conversely, the Forty & Eight objected to funding Legion programs with large amounts of money, without adequate recognition in return. The Legion pressed the Forty & Eight to change its constitution to be racially inclusive. These differences brought the two organizations to logger heads. Eventually, the American Legion refused to allow the Forty and Eight to hold its Promenade Nationale in the same city with the Legion’s National Convention.
The Forty & Eight thus became independent, but with many vestiges of its parent organization remaining intact, including the Forty & Eight continuing to only accept Legion members.