From post-World War II America well in to the 1960s, black America had one voice in Congress. While there were other persons of color elected to that august body, the silver-tongued, movie star-handsome minister from Harlem — Adam Clayton Powell Jr. — was the symbol of black political power in Washington.
First elected to Congress in 1945, by the 1960’s Powell had seniority and power. He served as the chairman of the all-important House Education and Labor Committee, making him one of the most powerful members of Congress, regardless of race. His endorsement could make or break a presidential candidate. But sadly, like many politicians, he stayed too long and his ego got too big.
While Powell, over the years, did a lot of good things, he also shot himself in the foot with charges of corruption, womanizing and frequent absences from Congress while he languished on an island in the Caribbean. His ultimate downfall came as a result of a lawsuit filed against him in 1963. In a TV interview Powell called a constituent a bag lady. The woman sued him for slander. The egotistical Powell blew the whole thing off. As a result of bad lawyering and Powell’s indifference to the legal process, a default judgement was rendered against him. It was the beginning of a slippery slope. Ultimately, Powell was ousted from Congress. After winning his seat back in a special election and taking his legal battles all the way to the United States Supreme Court, Harlem voters decided that they had enough. He defeated at the polls in 1971.
This past year a lawsuit was filed in the United States District Court against the Buckeye-Shaker Square Development Corporation by a group of workers. They sued for not being paid for mowing lawns and cleaning up properties located in Cleveland’s Ward 4. Although the City of Cleveland freed up money from the development corporation’s budget to pay the workers, the disgruntled workers continued their quest for damages claimed under various federal labor laws. This past week Buckeye- Shaker settled with the group for an undisclosed amount.
Also named in the lawsuit was Ward 4 Councilman Ken Johnson and his executive assistant Garnell Jamison. Neither Johnson nor Jamison bothered to file a response to the lawsuit or participate. They were probably too busy driving around the ward looking at abandoned houses. The court instructed the plaintiffs that they can now file an application for a default judgment against the pair.
Having worked in the court system most of my career and with some familiarity with the feelings of judges, it’s enough to say that judges, especially federal judges, don’t like people who thumb their nose at the court. Anytime papers come to you under the name of the United States District Court and you are named as a party, it’s a serious matter and it’s time to lawyer up — none of that “I got some papers in the mail and I didn’t understand.” No matter how frivolous the lawsuit or spurious the claim, you must respond. And as an elected official for some 40 years, who dealt with dozens of lawsuits against the city, it’s hard to believe that Johnson would not realize the seriousness of the case.
But when you survive in the hardball game of politics for as long as Johnson, fending off attacks by managing to keep enough friends in Cleveland City Council and in the mayor’s office to protect your flank, the Teflon coating gets too thick and your ego gets too big.
Constituents attending a ward club meeting several months ago assert that when questioned about the claims of the unpaid workers, Johnson told the assembled crowd that he paid $4000 to the claimants and the entire matter was a done deal. If so, let’s see the cancelled checks. It would also be interesting to find the sources of the fund. And more importantly, if what Johnson said was true, go to court and say, “Hey, I paid those guys.”
While some people see no reason for studying history, the reality is that there are lots of lessons to be learned from the mistakes of those who have gone before us. Adam Clayton Powell is a prime example. With all his power, charm and charisma, he thought he was stronger than the long hand of the law. By the time he realized that he wasn’t, it was too late.
It will be interesting to see how Federal Judge Chris Boyko rules on the plaintiffs’ motion for default judgements against Johnson and Jamison. As a rule, failure to respond to a federal lawsuit results in monetary damages and sanctions, which if unpaid could result in a judgment against you. An unpaid judgment can result in a forfeiture of real and personal property and/or attachment of wages. Johnson has assets — a nice house, a car and a pricey recreational bus. If a judgment is rendered against him, any lawyer worth his salt is going to follow the money.
Powell was famous for his slogan “Keep the Faith, Baby.” Time will tell if Ken Johnson can keep the faith, his seat on Cleveland City Council and his assets.
C. Ellen Connally is a retired judge of the Cleveland Municipal Court. From 2010 to 2014 she served as the President of the Cuyahoga County Council. An avid reader and student of American history, she serves on the Board of the Ohio History Connection, is currently vice president of the Cuyahoga County Soldiers and Sailors Monument Commission and treasurer of the Cleveland Civil War Round Table. She holds degrees from BGSU, CSU and is all but dissertation for a PhD from the University of Akron.