~ }J 'Tl :3'1 -;\ t <. \ c ""' f\la.."'::.h,J \lE:. ) ) Factual OUTHERN CHOOL EWS Objective OL Ill, NO.8 NASHVILLE, TENN. $2 PER YEAR FEBRUARY, 1957 Placement Acts Occupy Power to Assign Pupils Is Studied In 7 States Legislatures, Courts POWER OF LOCAL school boards to iently located for his attendance but a p uPIL PLACEMENT-THE ASSIGNMENT OF STUDENTS TO SPECIFI C SCHOOLS under various criteria usually ex assign students to particular schools child cannot be required to attend a the basis of factors other than race school so situated as to jeopardize the • eluding race-as a method of delaying or avoiding school desegregation is getting increasing attention to be soundly imbedded in lUe of the child in approaching it or so from southern legislatures. ·hool administrative procedures, edu far removed from the residence of the And also from courts. ltion authorities say. Court decisions child as to make the distance an un the validity of express legisla- reasonable one to walk." Tennessee last month joined Alabama, Arkansas, Florida, Louisiana, North Carolina and Virginia in the for this purpose will depend upon Legal precedents upon which this adoption of pupil placement acts. \ intent with which the power is interpretation of school boards' pupil Legislation of this type was praised by Florida's Gov. LeRoy Collins as preventing integration (which he • and the execution of such !awe; assignment powers are based clearly regarded as inevitable under the law) in the "foreseeable future" in his state. And Gov. Orval Faubus urged ·1 a non-discriminatory basis. uphold the authority of school boards '[h.is is likely to be the standpoint to assign pupils on the basis of factors the Arkansas legislature not to tamper with a placement act adopted by referendum. \ ·om which other courts w1ll view the relevant to education and the efficient Meanwhile, Virginia's placement law was found unconstitutional "on its face" by a federal judge. A sim ~ Jpil assignment acts that seem to be administration of the school systems. ilar ruling was returned in January, 1956, by a federal court dealing with Louisiana's segregation statutes. ~ tc focus of !;tate legislatures seekinJ The judicial insistence is equally strong, ethods of resolving the problems however, that the powers of the boards, These laws in both North Carolina and Florida also were under attack in federal court actions. _ ,._Jised by the Supreme Court's school e~pre~sed or discretionary, be exer One more district (in Oklahoma) be ~galion decisions. Assignment actcommon. tember-Clay and Sturgis-announced his inaugural address that integration ~ ~ lie schools is an inhert>nt one, es- cated they would present a plan for was inevitable as a matter of law but 1111 "''!tial to the efficient oper&lion o£ the All except Louisiana's express or imply compliance with the Supreme Court's the intent of the acts as insuring effi said that the state, under its pupil as ~Is. However, in the absence of decisions by May 1. signment law, bas found a way to keep •press laws it appears to bP a discre cient education and school administra Five pro-segregation bills, the first tion, promoting health, safety and wel Inside schools segregated for the "foreseeable ·:r onary power, and the criteria on adopted in Tennessee, cleared both future." a:~ cl! it is based must have a clear fare of the students. The Louisiana act, houses and were signed into law by No. 556, adopted by the 1954 legislature, • Virginia's Pupil Place Georgia ~ ance to an educational purpose, ment Act Invalid 'On Its Gov. Frank Clement, who had spon leSe authorities maintain. has been construed by a district court sored them. A "Tennessee Manifesto" New legislation designed to augment as having for its purpose to implement Face,' Says Federal the state's segregation laws-one giving £COGNIZED AUTHORITY (criticizing the U.S. Supreme Court) Act. No. 555 which specifies its intent Judge. Text on Page 6. was adopted in one house but was the governor broader powers to deal Says the recognized authority on this is to preserve segregation in the schools. • Alabama's Doors Close awaiting action in the other. with disorders--<>ccupied the General bject, Newton Edwards of the Uni On this basis, the 1954 legislation in to Autherine Lucy. Assembly in the first weeks of its ses nity of South Carolina, in The Courts Louisiana was declared invalid by a In four legislatures including Ten sion. nessee's, more than a score of bills were Ill the Public Schools: three-judge federal court in the case of What the Court Said, en Kentucky .c: •As a rule, the statutes authorize Page 15. pending, all of them designed to Bush et al v. OTU?ans Parish School Three western counties, including r1 prds of education to determine what Board in J anuary, 1956. strengthen existing school segregation • Baltimore's Third Year laws. two where disorders occurred last Sep Ia:,._ 'cular school a pupil shall attend. Said Federal Judge J . Skelly Wright of Desegregation - A tember (at Clay and Sturgis) filed de :uo: , long as the board acts reasonably in his opinion on the case: "Act 555 of Special Report. Story COURT ACTION segregation plans. Under court direc - .)II does not abuse its discretion, a pu 1954 implements that constitutional on Page 4. Other key court decisions involved tion a fourth county filed a new plan to !:D:"' ~must attend the school to which he provision [for maintaining segregation speed up completion of the desegrega c::~l. assigned. Where a school board in through the exercise of the police pow • More Time Is 'Impera Memphis State University, where a "stairstep" or five-year desegregation tion process. 1t" .. faith assigns a pupil to a school ers] by providing that 'all public ele tive,' Federal Judge program was ruled invalid by the Sixth 1 :!l• the promotion of the best interests mentary and secondary schools in the Louisiana Tells Virginians in His Circuit Court, and- 'l:-_ ,.. ••l education as it conceives it, its dis state of Louisiana shall be operated toric Prince Edward A federal court ruling apparenlly separately for white and colored chil ·- ·.rtion will not be overruled by lhe on 11. • Prince Edward County, Va., where opened the way to continued integra ··:-JUrls. It is not necessary that a child dt·en' and Act 556 of 1954 details the Case. Text Page a federal district court refused to set a tion in state colleges, with an actual c ::;. assigned to the school most conven- (See ASSIG!Io'MENT LAWS, Page 2) ti.me limit for previously court-ordered showdown predicted this month after desegregation. Negroes seek to re-register. • The Autherine Lucy case, in which Maryland a federal court upheld the right of Uni :;to liege Segregation-Desegregation versity of Alabama officials to expel the The number of Negroes enrolled in former Negro coed, apparently fore Baltimore's formerly all-white schools closing her attempts to enter the uni in the third year of desegregation is ~lssue Revived By New Court Action versity but leaving the door open to now double that of the last school year, according to a survey, but a large ma gro that separate but equal facilities on other qualified Negroes. =~ ~L-JUDIClAL AND STATE-LECISLATTVE The Maryland Court of Appeals in jority remains in aU-Negro schools. authoritv met head-on last month in l!i35 was the fu;t court to apply literally the graduate and professional leve!s • South Carolina's ban on state em Some movement of Negroes back to an ployment of members of the National ..,. ease involving segrcgation-dese$0'ega- the separate but equal doctrine. In a were impossible to maintain. The cri all-Negro high school is reported from Association for the Advancement of ~ · . lin in Louisiana colleges and universi casl' brought by Donald Murray seeking teria included such tangibles as the size desegregated Montgomery County. of the library, the number of instruct Colored People. transferred from feder ~ , At the same time. other le~al action admission to the University of Mary land law school this court became the ors, the existence of professional or al to state courts in a three-judge split Mississippi ;:::-:• tought into sharp focus agoin the is decision. • ·• ill! at the higher level of education first to specify desegregation as a rem g;mizations; and such intangibles as the Gov. J . P. Coleman announced that a ~ 110 of the 208 publicly-supported col Alabama a murder and rape occurred in the ~- ~ls occurred: mcnts to provide Negroes the education leJ;tes and universities in the South now "bootheel," a section which has been have policies under which Negroes may The attempt of Mrs. Aulherine Lucy 1) The Univcrsitv of Alnbam Tennessee Virginia Alabama Arkansas Florida louisiana North Carolina -- 1 Intent To provide for enrolJmcnt To regulate .assignment. To gtvc governor pow ) ' ''Under the police and To implement act 555, To insure efficient educa To insurP. equal educa of pupils in their r·c~pcc- admission and transfer of assign pupils, to dete er lo I ~ tional program with pub tional opportunities un public welfare powet·s" to which states as its pur school attendance d~ l,l' promote health, safety, pose to preserve segrega live administrati\'e units pupils :(I lic support and mainten der state's police powers and to provide adtn· . 1,:t· ance of order and goodwill to promote health, peace, good order and education tion trative procedures llli$. 14 s a Ce Ly , happiness and remedies for the and lj. morals gr·icved ag. if' Parish or city superinten- Local school board Local school honrd Gover nor, delega.;-; I ' · Authority Local school board Local school board; may Local school board Pupil Placement ~ l1 delegate dent of schools cr·eated by companion let ll Results of uniform tests None To pt·ovide {or "orderly Effect of tht• C>nrollment Health of child as--;;;-~ ~ ~~ Criteria AvailabiLity of space, Geographical location of on the welf;tr·c and best pared to other children • 1r teaching capacity, trans pupil's residence in rela to determine intellectual and efficient'' administra ability and scholastic pro tion of public schools, "ef interests of such pupil and school. Ull portation tion to schools all other pupils in partic EfT eeL of any disparity be. Suitability of established Adequacy of pupil's aca ficiency fective instruction," health demic preparation for ad Sociological, psychological snfely and general wel ular school as well as the tween physical and men. II :·~. curricula for particular effect on the efficiency of pupils mtsston to particular and like intangible social hre of pupils tal nges of child w~a Psychological qualifica school and curriculum scientific factors as will "In the exercise o( such oper·ation of the school con trastcd with ave!'ife tions of pupil for type of Effect of admission or pu prevent as nearly as prac authority such board may Scholastic Appeal To local school board for To local s~:bool board, lo To local board for hear To superintendent, local To local board for hear To local board for· hear To governor for hearing; 11 , hearing; to local circuit cal circuit court, state su ing; to state board of edu school boaxd, state district ing; to superior court of ing; chancery cour·t; state to circuit or corporal! court for jury trial; to preme court cation for review; to Cir court, State Court of Ap the county for jut·y trial; court of appeals or state court; to State Supreme~ ~ state supreme court cuit Court of Leon County peals to state supreme court supreme court Court of Appeals ~ ~ Status Untested Untested Under attack in Palm Held invalid on its face Held not unconstitutional Untested Held invalid on its bci ~~~ Beach County by three-judge federal on its face in Norfolk and Newport j ~· court News cases i1: All of the criteria set out by the legislatut·es under which pupils may be assigned to public schools simil?r·. Sixteen of Arkansas' 19 factors at·e identical to criteria set out in lhe Tennessee act and thret i.- are included in the table above. However, since many of the criteria in the various states arc similar are similar. The Alabama and Arkansas acts state 15 factors in identical language. There are simUarl. if not i~cntical, the,y are .not r~peated for each s_tate. For example, 14 of the 16 factors for assignment ties also between criteria as stated in the Florida and Virginia acts with the Tennessee law. ThO$! ' set out m Alabama s puptl asstgnmenl act were mcorporated in the Tennessee act and two others are £actors unique to a particular state arc listed under that state•s heading. • ~ ~~"I h board that it intends to continue its the court's criteria-the intent of such Colleges I=:"J Placement Acts Assignment Laws school operations on the same (i.e., legislation to prevent all desegregation 1) lrt (Continued From Pagll 1) (Continued From P age 1) segregated) basis as in previous years or the intent to prevent only forced (Continued From Page is the ground on which the case stands. dcscgt·egation or the intent to permit federal to state courts in a split decision means by which segregation is to be ably does not exceed 2,000 during I some degree of segregation on a volun- n·~lat term. by a three-Judge federal court, one achieved. It provides that each pansh SOME FEATURES UPIIELD tary basis? superintendent of schools throughout Meanwhile, the U. S. Fourth Circuit Aside from the Brown case, invalitbt member of which held that "the fact. Will r esolutions of interposition or ing educational segregation general)! this state shall, each year, determine Court-to which the case before Judge that organizations may render them protest, adopted by all the states which th" most sigruficant Supreme Court dll the particular school within each par Hoffman will be appealed-has held, have pupii assignment laws, be consid ~elves unpopular with the majority in a once directly and again indirectly, that cision relating to colleges and uni§e ish to be attended by each school c.hild ered by the courts as statements of lies seems to have been the 1956 community is no reason why the ma applying for admission to public some features of pupil assignment laws legislative policy in seeking to deter in the Florida case of e.:x: 'Tel Hawkin• ~ jority may use its power to enact legis schools, and that no school child shall are valid. The common feature of the mine legislative intent? Board of Co,ltrol. There the court ru be entitled to enter a public school un acts which have this court's approval lation denying to their members the Will the courts consider debate over· out delay in admitting Negroes to less assigned in accordance with pro are the authority of local school boards fundamental rights of constitutional the bills and statements of the sponsors uate and professional schools such as t • visions of the act ... For the reasons to assign pupils on the basis of factors liberty," while another held that the relevant to education, and the individ in arriving at their decisions? For ex h.td allowed Ior primary and secondalf ' stated in the opinion of this court sit ample, Sen. Sam Engelhardt Jr., said, state anti-NAACP law "only prevents ual character of administrative proce l'ducation. ting with three judges ... the legisla when queried about the May 31, 1955 dures and remedies provided for in such its members from carrying out their tive plan for maintaining segregation in Supreme Court decision at the time his PATTERN DEVELOPS the public schools of Louisiana is in cases. programs in the classrooms of public pupil assignment act was under con A~ainst this legal backdrop, the f~ valid. Since the administrative remedy The Fourth Circuit Court, in a case schools where it is deemed to be against sideration in the Alabama legislature: lowing pattern has developed at the col outlined in Act 556 is part of the pl•m, from McDowell County, N.C., also rec "As far as I am concerned, abolition of legc and university level: the public interest to have them do so." it is invalid on its face and may be dis ognized the necessity of the enrollment segregation will never be feasible in Policies of desegregation applying • Tennessee regarded." powers of school boards in these terms: Alabama and the South. No brick will "Somebody must enroll the pupils in all state-supported institutions and ~ Tennessee is the most recent state to HOFFMAN NOTES INTENT ever be removed from our segregation all class levels have been adopted il the schools. They cannot enroll them wall." write the pupil placement system into Similar reasoning was behind the selves; and we can think of no one bet Oklahoma, Missouri, Arkansas, Km- its statutes, the legislature adopting a opinion of Federal Judge Walter Hoff ter qualified to undertake the task than On the other hand, Col. William T. tucky, West Yirginia, Maryland IIIII - J oyner, vice chairman of the North five-point program recommended by man in his recent. ruling in the Norfolk the officials of the schools and the school Delaware. Negroes in relatively s:ul and Newport News cases in Virgirua. Carolina Advisory Committee on number·s entered some of the insti!U· Gov. Frank Clement within two weeks boards having the schools in charge. It There he specificially noted that the is to be presumed that these will obey Schools, said concerning the assignment lions in these states, none applied 11 after convening. In two key court deci pupil assignment act was part of the the law, observe the standards pre plan he helped design: "I think that oth:r·s; and some white students well& l sions a district judge upheld Nashville's "massive resistance" progra'Tl desimed scribed by the legislature, and avoid some mixing in schools is inevitable into sc.hools formerly maintained f« projected first-grade desegregation in to prevent any desegregation anywhere the discrimination on account of race and must occur. I think that the result Nc~roes. In W~st Virginia, where 1'1"! in the state. of free choice and honest assignment 1957-58 and a circuit court overruled which the Constitution forbids. Not un haps the greatest influx of white and Judge Hoffman cited the resolution according to the best interest of the Negro pupils into schools fonntrl1 the state's "stairstep" plan of college til they have beeen applied to and have of inlet-position as indicative of the iailed to give relief should the courts child will be separation so substan maintained Lor the opposite race tooi desegregation. legislature's intent to "resist" the Su be asked to interfere in school admin tially complete as to be tolerable to place, there is some evidence that tht out· people.... I do not hesitate to ad Texas preme Court in this regard. He also istt·ation." lt•end is being reversed. cited the General Appropriations Act vance my personal ooinion. and il is Eleven pro-segregation bills, includ Partial desegregation has taken plac:t of March 31, 1956, which defines an OTII ER FEATURES INVALID that the admission of less than one pet· in some public colleges and univenitid cenl Cot· example, one-tenth of onc in~ a pupil placement plan, have been "efficient" system of education as a A feature common to most of the as in Texas. Tennessee. Virginia, North per cent,_()£ Negro children to the introduced in the legislature. Houston separate system for white and Negro signment acts, which the circuit court C rrolin'l a'1d Louisiana. Texas Uni\'fr• pupils. He cited further the amended has held invalid, is the extension of schools heretofore attended only by sity. which accepted Negroes at lht indicated it would be ready by May 1 white children is a small price to pay t? announce a plan of compliance with General Appropriations Act of Sept. administrative remedies from the school gr·aduate level in 1950, began desegrt'" 29, 1956, the act creating the Puoil board's ruling through state courts. for the ability to keep the mixing with Station at the undN·graduate level la5l the U.S. Supreme Court's school deci in bounds of reasonable control." sions. Placement Board, and asserted: "The Beyond t·eview of a local board's ruling fall. SeventC('n of about 45 public inSii· pattern is plain-the legislature has by other administrative or executive SCOPE OF ISSUE lutions now accept students of both 'll Virginia adopted procedures to defeat the Brown agencies, the court has held, the ap Some school authol'ities question races in Texas. decision. In doing so it is safe to say peals are judicial in nature and may go Vit•ginia's pupil placement act was whether specinl placement laws a•·c Thl' Tennessee State Board of EduCII that Chapter 70 (the Pupil Assignment directly into federal courts, by-passing d!.'clared unconstitutional by a federal necessary at all They point out that lion in 1955 adopted a five-year d~ judge while another judge declined to Act) is invalid on its face." state judicial channels. most of the stntes which have adopted rc~ · ttion pros:!r::lm for the colleges II"' set a deadline for desegregation in The assignment acts in North Caro Authorities in school administration such statutes already had on their universities under its jurisdiction. ~ Prince Edward County. Meanwhile, a lina and in Florida arc under direct have raised several questions as to what books other statutes giving local school did the Board o! Trustees at the Ulll· rircuit court order delayed court-or attack in cases arising in Caswell the cour·ts might consider in determin hom·ds implied, if not specific, assign vcrsity of Tennessee. which later post· dered desegregation of Charlottesville County and Palm Beach County on ~ng ~he intent of pupil as!:>ignmenl leg ment powers. These powers enabled pOn<'d its program. The Sixth Cirtllil tslatlon. and Arlington County schools. precisely these grounds. However, the them to control the educational, schol Court last month reversed a clislrlcl attempts to show intent. to circumvent Will the statement of intent in each West Virginia astic and aptitudinal character of thC> court decision approving this plan. Ne· the desegregation decisions are based ~tate's act suffice? It didn't in the NOI· student bodies under their jurisdiction. j.!r·o graduate students arc enrolled II Retiring Gov. William C. Marland, on specific features of other measures fol k and Newport News cases, where Other school authorities says that three predominantly white instituliotll. c :>mmenting on statewide desegregation rather than on the tenor o£ recent leg Jud'!e Hoffman looked also at other these implied powers need to be made including the University of Tenn~ under his administration, said "we have islative programs. In the North Caro acts adopted by the Virginia Assembly more specific by setting up standards which first admitted them in 1952IJI(ltt worked and I am glad to say that those lina case, the plaintiffs allege that the Lo determine not only the express in for school assignment. Administrators court order. wh? have studied the segregation and legislatut·e's resolution of protest tent o{ the assignment act but the ulti in Florida have found that the ne~ integration programs of the public adopted last year shows that the policy mate cfTect of the whole legislative laws enabling them to delve into back VIRGINIA PROCEDURE schoolc; of the nation have been loud of the state is to retain complete seg pr·ogrnm. ground of pupils :u·c actually helpful Four of Vit-ginia's nine predomwn~Y in their· praise of West Virginia's efforts t•egation in the schools. In Palm Beach Will other legislation enacted since lh~· segregation descgregation issuC> whilt' schools have 41 Negroes on thtlr in this field." County. Fla., a resolution of the school 1954 be considered? lf so, what will be astdc in dealing with children. (Continued on Scxt Page) 0 SOUTHERN SCHOOL NEWS-FEBRUARY 1957-PAGE 3 l/~1\rkansas Warned Against Study Made of Delaware's Jeopardizing' PlaceiDent LITI'LE ROCK, Ark. Teacher Pay and Training ~though Amendment47 calls for en '!It .AJ!KANSAS GENERAL AssE,UlLY ablmg l~gislation (the pupil assignment WILMINGTON, Del. high schools, each with a Negro princi opened its 60-day biennial session act and mterposition resolution do not) pal. A STUDY OP TH& SALARIES received by lD. 14 and up to near Lhe end of the the . first two weeks of the legislativ~ onth no bills pertaining to racial seg_ classroom teachers in Delaware The following was found to be the session passed without any bills intro breakdown of educational background .gation had been introduced. duced on the subject. schools - outside of Wilmington - and At a press conference Jan. 18, Gov. the educational backgrounds of the same with rounded-out percentages of the re rval Faubus warned the legislature PRESS CONFERENCE teachers indicates that a slightly greater spective groups: percentage of the Negro teachers have White Negro 1t to tamper with the state's pupil as- The pupil assignment act was span Doctor's deg.ree 4 0 9U'lent act in any way that would sore~ . by Gov. Faubus as a means of had more college training than white (0.2'1-) eopatdize" it. (Sec "Legislaliv(• Ac :etamm~ racial segregation by assign teachers. Master's degree 420 66 (21.5t~) (22.5%) m.'') mg pup1ls to schools on factors other The study also shows that the median Bachelor's degree I 228 211 Other major developments included: than race. At the press conference, Fau salary for white teachers is slightly (62.8%) (72%) Legislative Auditor Orvel M. Johnson b~s was ~old that Rep. Lucien C. Rog higher than that of Negro teachers. (See Three years' college 35 6 "Under Survey.'') (1.8%) (2%) !COmmended consolidation of U1e white els of Cnttenden County in East Ark Two years' college 148 7 1d Negro state Girls Training Schools, ansas and others wanted to str·engthcn The study was not extended into Wil (7.6%) (2.4%) ith continued segregation, and con- the acl. mington for several reasons. (1) Wil One year college 46 1 1tidalion of the white and Negr·o Boys "I hope they don't jeopardize it " mington is a sort of "special special" (2.4%) (0.3%) Faubus said. "That already has Less than one year 50 2 1dustrial Schools, also with continued ha~ GOV. ORVAL FAUBUS school districl with educational stand (2.6"'~> (0.7...,.) pened in Virginia.'' gregation. (See "Legislative Action.") W anu Against Tampering ards applicable to aU teachers, regard No college 25 0 In his Jan. 15 second-tcnn inaugural In Virginia, the legislature adopted less of race-and the same goes with (1.3%) along with its assignment act an act to And a similar breakdown In the educn- !dress, Gov. Faubus said he was i~tegralion in areas where it was pos salaries; (2) it is becoming increasin~ly Uonal background of principals follows: eased with good race relations in Ark withhold state financial aid from school difficult to obtain racial statistics in Wil White Nel(ro Sible and prevent it in districts where it Doctor·s degree lSaS and that he was opposed to any districts that desegreg'lted. Faubus said was not possible. mington because of the insistence of the 6 1 that as a result a federal court had (9.4'"') (12 1,...) .rcible integration of the public administrative offices in disregarding Master's degree 55 5 :bools. (See "Legislative Action.") held the Virginia measure unconstitu NOT 'LAWLESS PEOPLE' the use of "white" and "colored.'' (85.9"f) (62.5"'c) On Jan. 7, a Negro man tried without tional. In his inaugural address, based largely In the meantime, with the General Bachelor's degree 3 2 (4.7~) (25.4":) tecess to enroll his five children in an 'BEST LAW' on his recommendation for additional Assembly of Delaware in session since !-white school (Dolbrway) located on taxes to provide mort! school aid and early January, integrationists and seg "We have the best law that could be eoutslcirts of Pine Bluff. (See "School to improve state services, Faubus had regationists in the state are awaiting devised and one that is used as a oards and Schoolmen.") this comment on racial integration: the hearing to be given the State De model elsewhere in the South," Faubus partment of Public Instruction by the said. He said the act p:tssed a few days "A problem we are facing, and which The General Assembly of Delaware Assembly's joint budget committee of earlier by the Tennessee legislature I must mention, is the matter of racial devoted much of January to biennial segregation, which has so upset and which State Sen. Walter J. Hoey of Mil visits of all state institutions and hold was patterned after the Arkansas and ford is chairman. ing budget bearings. Gov. Faubus' warning against tam per North Carolina measures. confused the entire Souili. It is import il with the pupil assignment act was The constitutionality of the North ant iliat those who criticize us under Sen. Hoey is an outspoken segrega The chairman of the joint bud~et committee of the General Assembly is Is answer to reports that some legis Car·olina law has been upheld by stand that we in the South have not tionist and his questions put to the State !lors planned to introduce a bill to been a lawless people. A long line of Department of Public Instruction will Sen. Hoey of Milford, wbn is known for federal district judges, Faubus said. his segregation views and his desire to rengthen the act which was adopted Faubus said he knew of no way that Supreme Court decisions approved the be regarded as an indication of the cur t the November gene1·al election. 'separate but equal' doctrine. rent temper of leading legislators to prevent integration on any basis in Del the Arkansas act could be revised to aware schools. --...In the November general election, str·engthen it. But he said it was pos "The decision of 1954 placed psychol ward the department and its integra ~ters also approved Constitutional sible the mechanics of administer·ing it ogy and sociology upon the judicial tion policy. (See "Legislative Action.'') He was particularly close in his ques mendment 47, which direcL<; the legis could be improved. scales, and overturned long established The hearing is scheduled in the first part tions put to Dr. M. A. Tarumianz, su lture to adopt measures designed to Passage of any bill to amend the act legal precedents, and seeks to wipe out of February. perintendent of Delaware's three insti _,ullliy" the Supreme Court desegre.ea would require the approval of two generations of human attitudes, tradi tutions devoted to mentally ill, men on decisions and to proclaim the police thirds of the members of each house. tions and customs based thereon. tally retarded, and emotionally dis >Wers of the state in an effort to en He said the voters' approval of his "It is folly for anyone to expect judi turbed adults and children. JrCe segregation. A resolution approved oupil assignment act would help to al cial dictation to compel social adjust While no conclusions can be drawn --1 the general election proclaimed a leviate any future race problems. Fau ments. These changes must be brought from the type of questions put to Dr. ate policy of interposition. bus said the act would permit gradual about in the hearts and minds of people. Tarumianz, observers are of the opinion "This problem of racial relations is that Sen. Hoey's inauiries are consid ~ ------The Delaware correspondent for ered a sort of prelude to the questions 1ulin~t is exoected momentarily in the another compelling reason for favorable :12 SoUTHERN SCHOOL NEWS approached that will be put to the representatives Colleges Ward case involving the University of consideration of the tax program that Georgia law school. A second case. still has been recommended. Adequate serv Dr. John Parres, director of research of of the State Department of Public In (Continued From Page 2) struction when they appear before the to be heard, involves the Geor.rda Stale ices must be provided for ALL our the State Department of Public Instruc mpuses this vcar at both the graduate School of Business Administration. people. tion, with a question as to the compara joint bud~et committe~ in the first part ~ d unde~raduate levels. The oolicv · ·1 "II ALL our people are given good tive salary scale of white and Negro of February. teachers in Delaware and their compar ., rginia seems to have been to admit 2 APPLY INS. C. service in the fields in which the state POLICIES FOLLOWED - w-oes to the rchool of their choice for Ir. South Carolina, Clemson College ative educational backgrounds. government can properly function, The handlin.g of races wiiliin the in zirrses of work not available to them has on file applications for admission there is less likelihood of discord and Such a study had never been made Virginia State College, the only state- before in Delaware. Dr. Parrcs agreed stitutions under the administration of from two Negro students, but no casr• disorder in dealing with this or any Dr. Ta.rumianz follows: 2-lppOrted college for Negroes. has been filed as yet. other problem." that in view of the current transitional 1. Integration in the schools conducted or- Under federal court order, the Um- In Mississippi, where the first regula Faubus has asked the legislature for stage in Delaware's integration program 1:; nsity of North Carolina at Chapel Hill $22 million in new taxes. Of this, about and the increasing tendency of school for children at the Governor Bacon tion was adopted requiring "good char Health Center for emotion.,llv disturbed lmitted Negroes to its graduate school<; acter" cer·tificates from alumni of the $14,300,000 would go to the public statisticians to disregard the customary ,. 1950 and to the undergmduate level schools. There have been several indi racial notations among the professional and at the Hospital for Mentally Re institution to which entrance is sought, tarded. ~- 1955. A policy decis1on bv the Uni the university has received two appli calions that t.be legislature might ap personnel in the schools, it would be ,. ~rsity system trustees has interpreter( cntions from lhe same person, but no prove much of the Faubus tax program. best to unde11ake such a study as soon 2. The intel!ration or se~regation o( • l! court decision as applicnbltc' to nil ccu1·t case has been brought. The recommendations by Legislative as possible. patients in livin!! quarters depends upon ~titutions that are oart of the consoli the number of Ne!!roes in various cate Desegregation at the college level has Auditor Johnson for consolidation of The study was made of all principals University. This has resulted in l!ories. For examnle. in the State MPnlal : .lted brought forth disturbances in three the training schools were based primru· and classroom teachers in schools out Hospital, there ic; secrre~'ltion in livindu11tcs enrolling at case::.. The appearance last February of ily on economics. He proposed that both side of Wilmington. This gave a wide quarters but amon~ the phvsicallv hapel Hill, Women's Colleqe in Aulherine Lucy on the campus of the the consolidated schools be located at variation because it included special ~ reensboro. North Carolina State "lt hnndicapped, emotionallv disturberl Vniversity of Alabama resulled in riot the present site of the Boys Industrial school districts where Negro and white ~eigh and GiiSton Technical Institute School near Pine Bluff. The school for schools are administered by single children in the Governor Bacon Health inr, there. Last fall, picketing and some Center, there is intel!ralion. - Gastonia, 19 in all. violence occurred at Lamar Technical Negro boys now is at Wrightsville near boards of trustees and also included louisiana-which at one point had an Institute in Beaumont, Texas, and .tt Little Rock. The school for white girls what are known as "state unit schools" 3. Jntei!Tation amon(( the professionnl ltimated 400 Negroes enrolled in four Texarkana Junior Colle!re. In both cases, is at Collegeville in Saline County, that come directly under the supervi personnel as far ao; duties and confer :its seven state-supported institutions Negroes had prepared for enrollment southwest of Little Rock, and the school sion of the State Department of Public ences are concerned. ~the first state to attempt to rescl!rc following court action. for Negro girls is at Fargo in Monroe Instruction. It should also be kept in 4. Integration ?ITIO'"l" '>ttand·mt-. .,., hr Ce its colleges and universities Grad County. Johnson also suggested a single mind that in special school districts and as duties are co,rerned hul resist'lnce ate schools at LSU wcrC' onened to Nc STl ' DENT OPI~ION POLLS board for each of the two schools after certain large "state unit" districts, basic prevails amom! ITl"nv whit<> nttcndants jlle:> in 1950 and under$!raduate classes Polls show that., for the most part. consolidation. state salaries are augmented by local against common dininl:( facilities. funds, depending a great deal on the 1955 (in a case still under appeal.) most students seem willing to accept 5. Living qu <~rters are sc~regated Le$tislation :.doptcd in 1q56 required Negroes on their campuses. One such taxable properly resou1·ccs of the dis throughout. tricts. ~licants for admission to stnte-sup student poll at Oklahoma A and M in In response to a auestion bv Sen. Drted colleges and universities to sub the full of 1954, after foUl· Negro stu The study showed: Hoey as to the intcl!ration of children it certificates of "good character" dent~ had been enrolled. gave these re Delaware (outside o{ Wilmington) in the classes of these institutions, Dr. ~ their high school principals an·l turns: 8 per cent wanted no dese~rel!a has 2,249 classroom teachers: Tarurnianz said: lton; 13 per cent wanted "very little'·. Irish school suocrintendcnts. Another An attempt to enroll Negro children 1,956 white teachers, or 87 per cent of "I have no wish to argu<' out in nnv ct permits lhc firing Of any teacher ('I' 43 per cent approved of "some" deseg Jan. 7 at the Dollarway School near P ine the total. regation; 34 per cent approved of of the institutions under my supervi thool personnel who perfot•m ":mv net BlufT apparenUy was not sponsored by 293 Negro teachers, or 13 per cent of sion the battle of integration. However, "much"; and two per cent were und~ lll'ard brinl!inl! about the inlel!rnlion of the NAACP and apparently no court the total. it is financially impossible for me to ~races within the public school sys ciclcd. nction is planned. The Negro population of school chil have separate schools for Negroes and !ln or any puolic institution or hi~he r In Flol"ida, the Board of Control in The Negro, WiJliam Dove, and his dren is estimated at 16 per cent of the whites." IUltin~r." Thi~ apolics to or·ovidinq ~wdying attitudes following a com-t or five children left the school after Mrs. total. trlificates of "~t.ood chornctcr" for ap der to admit a Neg1·o student, mailed Hazel Watkins, the supe1·intendent, and lcants to schools olhcr thnn those set out 60,000 questionnaires to studentr, The median salary for white teachers Lee Parham, school board president, is $5,044. 1lintained for the rnce of the appli and parents of students in three state told him they "just hadn•t planned" for lllts. The median salary for Negro teach The U. S. District Court in Delaware colleges. The returns from the students mtcgration in the 1956-57 school year. ers is $5,001. showed that 22.37 per cent were willin~t has aJ"ranged for an early February ar IPPLIED TO ALL Interviewed later by the Associated to accept Negro students munediately; Press at the Pine Bluff Foundry where Dr. Parres explains this dlfference by gument on a motion by the NAACP for the augmentation of local funds. A ~nder. state district attorneys' ruhn~s 21N per cent opposed admitting Ne he has worked 15 years, Dove listed the a summary judgment in favor of Negro certificate requirement was applied groc•· under any circumstances; 14.01 names and ages of his children, said he white school district would be more apt children seeking admission to the Clay 01 to augment teachers' salaries. Practi only to first time registr:mts but to per cent wanted a "reasonable period had lived at Pine Bluff 26 years and ton (white) School in Kent County. ~ents returning for subsequent terms of p1·cparation" before desegregation. refused to answer other questions. cally no Negro school district, as such, The motion !or summary judgment work. It was implementntion of thc has done this. has been made by Louis L. Redding OPI~ I Ol' OF PARENTS George Howard, president of the Pine ~ character" legislation that U. S. BlufT chapter of the NAACP, said the The Delaware schools - outside of Wilmington attorney for the NAAcP Returns from parents showed 9.04 per Ltrlct Judges Herbert Christcnben·y move was "not sponsored officially or Wilmington - have a total of 72 full which has filed eight suits in the fed ld J. Skelly Writtht enjoined last cent favored immediate acceplancn; lime principals of which 64 or 89 per eral court, asking for integration orders. lo!tth. unofficially by the NAACP." ~ 1.62 wanted no desegregal1on unde1· cent are white and eight or 11 per cent Redding has also asked that in the :my circumstanct!s; and 23.9~ per cent Dollarway School is outside Pine Bluff are Negroes. ~gre~ation in higher education re in a separate district from the city. event the summary judgment is not ~. Lntact in Alabama, Mississippi. favored a period of prepa1·at1on before The median pay in both groups: granted, the court should order the desegregating. The school has grades one through 10. White principals--$7,300. h:gta, South Carolina and Florida. Graduates of the lOth grade at Dollar Clayton school board to submit a plan While a survey at the University r f Negro principals-$6,320. .._~h eff~rts continue to bring about way transfer to Pine Bluff High SchooL of integration that would allow Negro Texas found student attitudes less defi As a footnote to this, it is stated that ""Wega!Jon in four of these states. Pine BlufT, in JefTcrson County, is on children to enroll in the school in Sep Alabama and Florida arc undc1· Icd nite n report indicated Negroes would in the la1·ger schools that have inte tember. the edge of the Southeast Arkansas grated policies and actually have mixed 'ral court order to admit qualified N!.! ht• ,;gencra!Jy ncceptcd" as students. ~o Delta counb·y. Latest figures showed . The position taken by Redding is that ll'o students, though ln Alabama the determination was made as lo socwl classes, there are no Negro principals. m the Clayton school case, there is no Pine Bluff has a population of about The Negro principals arc found only in ~ attack which obtained this ordet· aspC'cts of campus life. F~rty.-fout· of 17 40,000, with Negroes making up 38.8 genuine issue as to any material fact ~ ended with the plainttiT cxpellcll. organizations and clubs md1catcd they the all-Negro schools and outside or "and that the plaintills arc entitled to 110 (Sec ARKANSAS, Pngc 4) Wilmington there nrc only three Negro cases arc pending in Geoq.:ia A. wouhl ncccpt N!'groes. judgment as a matte1· of law." PAGE 4-FEBRUARY 1957-SOUTHERN SCHOOL NEWS tc Baltimore Reports Negro Enrollment SOUTHERN SCHOOL NEWS ~ In Once All-White Schools Doubled Southern School Ne.,. Is the official p~blicet ion of the S.outhem Educatio• rt' S • en objective fect-findtng agency eslebltshed by aouthem R there were 55,876, or 63.5 per cent of epo tng edrvlt o'~· •nd educators' with the aim of providing accurate, unblufd BALTIMORE, Md. newspa per e •• a ffj I I d I I t d I • the total. information to school administrators, public o tc a 1 an n eres e ay c!llterts TJW NUMBER OF N&cROES in (onnerly Counting the 10 formerly all-Negro on development& in education a ri sing from the ~· S. Supreme C~urt. oplnton of all-white schools in Baltimore is May 17, 1954 declaring segregation In the publtc scho~ls uncons!•tuttonal. SEitS now double the number in lhe 1955-55 schools in which from one to seven is not en advocate, is neither pro-segregation nor anlt·segregatton, but s imp~ school year, accordin~t to the enrollmt nt white pupils are enrolled among hun reports the facts as it finds them, slate by state. fillUTes released by the Depllrtment of dreds of Negroes, 19,209 Negro pupils Published monthly by Southern Ed ucation Reporting Service at I 109 19th Ave, Education in January. But n larqe ma are in integrated situations, or 28.7 per S., Nashvill e, Tenn. • d jority of Ne~troes continu~ bv choice to cent of the total colored school popula Second class mail privileges authorized at Nashvtlle, Tenn., un ar the authority attend all-colored schools in thi!', the tion. Last year there were 11,903 simi of the act of March 3, I879. third year of desegr~ntion. About 68 larly situated, or 19.2 per cent of the OFFICERS per cent of white school chillren in B'll total. Virginlus Dabney . . • . . · · · • · · • · · · • • · · · · Chalnnan timore are in schools havin~ one or Thomas R. Waring • . . • • . • · · · • · • • · · · · • · · Vice·Chalnnan more Ne~ro pupils, and about 29 per Don Shoemaker ...... · · · · · • · · · · · · Executive Direc:ior cent of Negro pupils are in schools hw Patrick McCauley, Assistant to the Executive Director inv: one or more while children. (See Asked to comment Ior Sounn:RN BOARD OF DIRECTORS "Under Survey".) C. A. McKnight, Editor, Charlotte Ob.. In a statement for SOtTTII ': ~v s~w'IOL SCHOOL NEWS on the administrative ex Frank Ahlgren, Editor, Memphis Com· merciaf.Appeal, Memphis, Tenn. server, Charlotte, N.C. N~vs commentintt on r1 S""re~otion's perience with desegregation in Balti Charles Moss, Executive Editor, Nash. eff<'ct to date, Dr. John H. Fischer, su more to date, Dr. John H. Fischer, su Gordon Blackwell, Director, Institute for Research in Social Science, Uni vme Banner, Nashville, Tenn. o<'rintendent of oublic instructi..,n, s'lys. perintendent of public instruction, re versity of N.C. "On the ba!'is of our t'xncri<'nce it seems ported, "while some minor adjustments George N. Redd, Dean, Fisk University have been made. no new major prob Harvie Branscomb, Chancellor, Vander Nashville, Tenn. ' clear that bv dese~rre eatin'l our schools bilt University, Nashville, Tann . we ha\'e substantiallv improvf'd the Pd lems have appeared. In some respects Don Shoema ~er, Exec. Director Sou. the new policy has led to substantial Virginius Dabney, Editor, Richmond Education Reporting Service ucational ooportunitieo; of Neqro chil Times·Dispatch, Richmond, Va. dren without redu--in~ in anv way SUPT. JOliN Jl. FISCHER oro~ress." As examples of "progress" Coleman A. Harwell, Editor, Nashville Thomas R. Waring, Editor, Charleston th,.,sc available to while children." (See Standards Maintained Dr. Fischet· said: Tennessean, Nashville, Tenn. News & Courier, Charleston, S.C. "What They Say.") "Dcse~tregalion made possible at least Henry H. Hill, President, George Pea· Henry I. Willett, Superintendent of pits this year arc in schools l1aving a one si'Zable financial saving. It climina body College, Nashville, Tenn. Schools, Ri chmond, Va. ASSEI\mLY MEETS lola! of 9,780 Ncgr·ocs. In addition, 1,328 tecl the need for a separate, equal and CORRESPONDENTS Marvhnd's Gencral Ass<'mbly con white childr<'n ore attending seven """'rnsive •lrinlinct deoarlmcnl in the \'('ned e'lrly in Januarv for a 90-dav seo; schools in which, because o1 changing Carver Vocational- Technic :~! High ALABAMA MISSOURI sion Among the early bill-, were six residential patterns. they are now in the Snhonl whe'l it was ooened in Septem W illiam H. McDonald, Editorial Robert Lasch, Editorial Writer, St. civil ritthts measure!; inlra closed its Beverley Allen High SeborA for Negroes and made arrangementa transport the Negro high school stu~ Two l(ey Court Decisions to the Hamilton Holmes School for N groes located about 18 miles fro ~ town in King William County. m Feature Virginia Month However, when West Point lii School (white) opened in Septelll,! RICHMOND, Va. Jan. 11 denying motions to dismiss de 1952, James Dobbins, a Negro, tried ' O NE FEDERAL .TUDGE has expressed the segregation suits brought against school successfully to enroll his daughter th111!. view that Virginia's Pupil Place boards of the cities of Norfolk and Dobbins refused to send the child to~ • ment Act is unconstitutional, while an Newport News. (Beckett v. School Hamilton Holmes School and w other has declined to set a deadline for Board of Norfolk and Atkins v. School charged with violating the state's CO!!J11 desegregation ol public schools in Board of Nett>port News.) Judge Hoff pulsory school attendance law. He,.~· Prince Edward County. man said that Virginia's Pupil Place convicted in the lower court. iil These two opinions (excerpts from ment Plan "is unconstitutional on its which are carried in this issue of face." WHAT COURT SAID SmrrHERN ScHOOL NEWs) highlighted a He said it is plain that Virginia's offi In its opinion reversing the conVIt cial policy is one of preventing inte tion, the state supreme court said • month of major legal developments in 111 the segregation controversy in Virginia. gration and that the Pupil Placement part: ' (See "Legal Action.") Board is set up to see that Virginia ''... It conclusively appears .rr From the Virginia Supreme Court of has an "efficient" school system, "effi The Virginia Pupil Placement Board continued to function J a~t month ~t e1· evidence tendered by accused that lllf Appeals came a ruling that the state's cient" being defined as a segregated a federaJ judge ruled t11 at Ute legislation under which it oper·ates IS "unconstitu physical facilities and educational ~ compulsory school attendance Jaw can system. tional on its face." Meeting wit.h Gov. Thomas B. Stanley (left) are board members portunilies and advantages afforded stu "Under such a declared policy and not be used to compel Negroes to attend Andrew A. Farley, Hugh V. White and Beverley H. Randolph Jr. dents attending West Point High School ~ definition," Judge Hoffman said, "the segregated schools which are inferior to are far superior to those ofiered at "' white schools. (See "Legal Action.") Pupil Placement Board would indeed and responsibilities under the Pupil The Prince Edwru·d case remains on Hamilton Holmes ... be derelict in its duty if it ever per Placement Act in strict accordance with the court. docket. The judge explained And the U. S. Fourth Circuit Cow1: "Accused did not refuse to send hi issued an order staying for 30 days its mitted admission of a Negro child in a its terms." (See "Legislative Action.") that the Negro plaintiffs can come back child to school but sought to have bt , earlier decision upholding lower court school heretofore reserved for white into court again after Prince Edward In an opinion hailed by segregation attend. The school board's refusal to p · t·ulings which called for school desegre childr·en, and vice versa." ists of the state, U. S. District Judge admit her solely because of her race It .P: gation in the cily of Charlottesville and Sterling Hutcheson of Richmond on N.C. DIFFERENCE Text on Page 11 the school attended by children ol th£ in Arlington County. (See "Legal Ac Jan. 23 rejected an attempt by the Judge Hoffman refen-ed to the fact white race similarly situated and then tion.") NAACP to get a deadline by which that the U. S. Fourth Circuit Court has officials have had a reasonable time to sultant requirement that Dobbins~ ~ Prince Edward County schools would r·uled that the Pupil Placement Act of solve the problem. He did not say how her to a school of materially poorer fl. PROBERS NAMED have to be desegregated. The Prince North Carolina is not unconstitutional cilities and educational advantages IU ~ Meanwhile, 10 legislators were named Edward case was one of lhe five origi long a reasonable time would be. on its face. But, he said, "North Caro Judge Hutcheson did not rule on the penalty of prosecution was an unconst. "' to the committee created by the General nal cases on which the U. S. Supreme lina has not provided for either the constitutionality of the Pupil Placement tutional application or Sec. 22-251 (lht ~ Assembly to investigate organizations Court based its 1954 desegregation de automatic closing of any school or the Law. He said he did not consider that compulsory attendance law) and a~ 1' trying to influence or promote racial cision. cut-off of state or local funds." Virginia point pertinent to the Prince Edward nial to him of the equal protection ~ • litigation. The committee is expected to Judge Hutcheson said it is imperative be concerned particularly with the ac laws do provide for closing of any school case at this time. the law guaranteed by the Fourteenti -~ which integrates and for the cutting off that additional time be allowed, and he Amendment of the Constitution ol the tivities of the National Association Cor The Virginia Supreme Court of Ap of state funds to such a school. asked both races to show a sympathetic United States. the Advancement of Colored People. peals, in an opinion on Jan. 21, held that The Pupil Placement Board shrugged unde1·standing of the problems involved. (See "Legislative Action.") it would be a violation of a Negro's con "It has long been settled law that the , • off the federal judge's opinion that it is " ... In the present state of unr·est stitutional rights compel him to at refusal of a state agency to afford mem. 1:1! unconstitutional. The three-member and racial tension in the county," Judge to tend a segregated school if that school bers of one race, solely because of lb!il 1 unit went ahead with its work after is Hutcheson wrote, "it would be unwise race, educational facilities and advan. tl' suing a statement saying: "Unless and to attempt to force a change of the sys were inferior to schools for whites. (James Dobbins v. Com.monwealth of tages substantially equal to those af. ~; Judge Walter E. Hoffman of the U.S. until lawfully prevented, the board in tem until the entire situation can be forded persons of any other race Is· ~- District Court for the Eastern District tends, in what it considers to be in the considered and adjustments gradually Virginia.) of Virginia, Norfolk, issued an order public interest, to carry out its duties brought about." ln July, 1952, the town of West Point (Continued On Next Page) _,.J- ~ rr.: .. wherein he said, "Equity does not re tain class of schools under such condl- s: quire the doing of 4 vain thing as a con tions, the provisions of Chapter 70 If. :-~ 1 lating to the Pupil Placement Boan :r.. dition of relief'. Under Chapter 68, if Place1nent Act lnvalid would still be applicable. I!IIJ1( the Pupil Placement Board em·olls any Negro child in a school in which white There is nothing in• ... Carson v. Wr '" ~ 'On Its Face'- Court children are already enrolled, or vice lick . . . to support the defendants' vMI ~= that the recently enacted laws of Vi - · ::. Following is 4 partial text of Judge 138 and 14.3 of 01is section tor the estab versa; or should the governor, despite lishment and mainterumce of any system ginia are, by inference, constitutiotul Walter Hoffman's discussio1~ of the Vir ot pubUc elementary or ~ondary schools, his emphatic statement that he will at their face .. . ginia Pupil Placement Act in the cases wblch Is not efficient . . . no lime permit "a little integration", act of Atkins v. School Board of Newport . . . It follows that the General As In Carson v. W artick ... the ap _ News and Beckett et al v. School Board sembly has substantially cut off all in a similar manner; or should any court late court has held that the Pupil PJ...... of Norfolk: funds for school appropriation at the enter any order directing the enroll ment Act of North Carolina is not • 'r.t; state level for any class of schools in ment of a Negro child in any school in constitutional on its face. North - U is a well-settled principle of law the entire locality, in the event any which white children are already en !ina has not. provided for either the all-'" ;;: that legislation enacted carries with it white and colored children are permit rolled or vice versa; it is provided tomatic closing of any school or the cut ,. a presumption of constitutionality. ted to attend the same school. that ''such school is closed and is off of state or local funds. Obviously ~ There are, however, certain limitations removed from the public school sys remedies afforded by North Carolinadi on the application of this rule as stated With this background• the General tem". The school remains closed until not lead to a complete "bUnd alley" suck in Ex parte Endo ... where it is said Assembly proceeded to enact the Pupil the governor, after an investigation, as Virginia has prescribed. t.hat the Supreme Court ''has quite con P lacement Act, the constitutionality of finds and issues an executive order stat While there are other questions as to sistently given a narrowet· scope for the which is the subject of this memoran ing "(1) the peace and tranquility of the constitutionality of other acts relal· IQ operation of the presumption of consti dum. The practical operation of this act the community in which the school is ing to school problems and enacted b!' r."' tutionality when legislation appeat·ed on is unique, to say the least. At the outset located will not be disturbed by such the General Assembly of Virginia alia - its face to violate a specific provision of it is necessary to consider the language JUDGE WALTER HOFFMAN school being reopened and operated, extra session 1956 this court need onlJ - the Constitution". And in Kore1natru v. of Section 4 which has the effect of Invalid 'On Its Face' and (2) the assignment of pupils to such deal with Chapter 70, which must bf ~:: United State!> ... appears lhis langu "freezing" any child in the school now school could be accomplished without read in light of the related acts, resolu- .. age: attended until graduation therefrom duty if it ever permitted admission of enforced or compulsory integration of tions and proclamations. It is the opiD- ~ All legal restYlctlons which curtail the "unless enrolled, for good cause shown, a Negro child in a school heretofore re the races therein contrary to the wishes ion of this court that Chapter 70, II !:ol civil rlgbts of n single racial group are in a different school by the Pupil of any child enrolled therein, or of his approved Sept. 29, 1956, is unconsti!a· ~ immediately suspect. This is not to say served for white children, and vice that nil such restdctJons are unconstitu Placement Board" . . . The attorney versa. Cow1:s cannot be blind to the ob or her parent or parents, lawful guard tiona! on its face and must be ~ ~ tional. It is to say tltat courts must sub general, at the time of oral argument, vious, and the mere fact that Chapter ian or other custodian". Not only is the garded for the further purposes of lhett "'" jed ll•em to the most rigid scrutiny. states that if any child could estabUsh 70 makes no mention of white or col particular school closed, but defendants cases. The United States Supreme Cowl ~ to the satisfaction of the board that he ored school children is immaterial when concede that all schools of the same has said in the second Brown case tha .... With these uncontroverted• principles was being deprived of attending any we consider the clear intent of the legis class within the particular political sub good faith implementation of the gor- " in mind the court is duty bound to re school by reason of race or color, this lative body. djvision will also close by operation of erning constitutional principles is tht view the forerunners and objectives would be "good cause" in and of itself. law ... proper test for courts to consider. De spite efforts to do so, this court is un· ,., leading to the enactment of Chapter 70 Whether this interpretation of Section 4 The attorney general• argues that the Defendants urge that Section 10 of would be binding upon the Pupil Place able to discern any evidence of U (referred to as the Pupil Placement legislatw·e bas provided "a plain and Chapter 68 furnishes the loophole of "gocd , ment Board, or any successor attorney faHh" in the provisions of Chapter Act) by the special session of the Gen simple path for any parent aggrieved, protection as to constitutionality. It 71 eral Assembly of Virginia in Septem general, is problematical. Plaintiffs an white or colored, to take it (the appli reads: and several of the other legislative acb • ber, 1956 ... swer this argument by stating that, enacted at the 1956 extra session. 'l'bl i. cation) up." With this statement the "Notwithstanding any other provision after considering the provisions of Sec The General Assembly amended and court must respectfully disagree ... contained ln this act, lf after Investigation pattern is plain - the Legislature hat reenacted the Appropriations Act, pre tion 3 as well as the legislative declara the governor concludes. or. at any Lime adopted procedures to defeat the BTOU'I It ... appears that the so-called ad viously approved March 31, 1956, to tions in the Appropriation Act, the the school board or board of supervisors decision. In doing so it is safe to say lbll i, ministrative remedy will consume 105 of the county or the coun cil of tbe city in t •• provide that the sums appropriated ... statement of the attorney general may Chapter 70 is invalid on its f ace. ~~ days until final decision by the gov which the closed school Is located, certi would be solely for the maintenance of well be doubted and, in any event, such fies to the governor by resolution that In Nothing herein contained sho~d bt ~ considerations are calculated to sub ernor. A child seeking relief from the Its or their O!llnion such school cannot be construed as automatically granting 11 an efficient system of elementary and original designation of enrollment at the secondary schools, and prohibiting the stantially impair the free exercise of reopened, or reorganized and reopened, ln plaintiffs the right to enter schools~ any discretion the board may have in commencement of a school term in Sep confonnlty with provisions of this net, the theit· choice. The words of Disttlcl '-·, expenditure of any of the funds appro tember could not, with any degree of governor shall so proclaim, In whlch event priated by such items in support of any the matter. the said school sl.all again become a part Judge Bryan in the Arlington schDGI ~. confidence, anticipate a decision system of public schools which is not As to children attending school for of the !Jublic school system of the politi case, quoted in the alfrrmance of his fl!• ~ through administrative channels until cal subdivision in which It Is located, ond the first time, or children transferring tion by the Circuit Court of Appeals. aJt : efficient. It will be noted ... that the the middle of December. His court ac sucl1 school, elementary or secondary. shall key word is "efficient". Following the to another school division, or graduat indeed appropriate. A local school tion thereafter Jiled, either in the state along with all other schools of its class in boaJd ~ ing !rom one class of school to another, ti1e polllicat subdivision In wh.lch it is lo may as in years prior to the Brotoll de amendment to Item 143 will be found a or federal court, would not mature un statement of policy which clearly es such child is required to apply to the cated hereby become subject to the appU cision, pass upon individual applicatl~ \, til the completion of his grade upon cable provisions of the laws of this State." Pupil Placement Board and is there for school changes and, so long tablishes lhe intent of the General As which he is then in attendance. This as cla- t~ sembly of Virginia in these words; after enrolled "in such school as the The so-called "adequate administra crimination solely by reason of ¢ · presents the serious question as to ... An efficient system of clcn1entary board deems proper under the provi tive remedy" inevitably leads to the does not appear, there is no inhe¢11 ~ whether this child will not then be re [and secondary] pubUc schools means and sions of this act." closing of all public schools of the same right of any child to attend any par- • shall be on ly that system within each quired to proceed anew as he will pre class in the political subdivision affect ticular school in which children of an· ~ · coun.ty, city or towu In which 110 elemen It is abundantly clear that the board, sumedly have been advanced to a high ed. ll is tr·ue that, subject to its ability other race are in attendance. But 11 1 tary [or secondary] school consists of a in acting upon the application, must er grade. While the attorney general student body in which white and colored to finance the same because of the cut long as the school boards maintaiJ Jll :!., apply the standards prescribed under conceded in oral argument that such an ehildrcn are taught ... off provisions of Chapter 71 (the Ap announced policy refusing to coruldfl The General Assembly, for the purpose Section 3 of Chapter 70 . . . interpretation would render Chapter 70 ~ propriations Act), a political subdivi the applications separately and ; . of protecting the health and wellare ot The Pupil Placement Act was ap nugatory and unconstitutional, it is cer ~ ~ the people and ln order to preserve and sion may, at its own option, then elect steps towards removing the proved on Sept. 29, 1956, which is the tainly a debatable point and lends requ~ tht ~ maintain an efficient system of public ele to operate this class of schools with both of segregation in the schools which mentary and secondary schools. hereby de same date on which the Appropriations strength to the contention that the Act tJ ~·;:, white and colored children in attend Supreme Court bas held violative ; . clares and establishes it to be the policy of Act (Chapter 71) was amended and re is unconstitutional on its face ... ance, but even this provision does not the constitutional .rights, there lhls Commonwealth that no public ele enacted wherein the General Assembly apPf; ., mentary or secondary scltoois in which When the provisions of Chapter 68. answer Chapter 59 providing that no to be nothing any court may do o. made its declaration of policy and de approved contemporarily with Chapter while and colored chlldren are mixed and child shall be required to enroll in or than to enjoin the violation of constil'' ta"ght shall be entitled to or shall receive fined an "efficient" system of public 70, are examined, it is manifest that the attend any school wherein both white tional rights in the operation of any Cunds from the State Treasury for schools. Under such a declared policy language of Chief Judge Parker in The sdl~ their operation, and, to that end, forbids and colored children are enrolled. And by the authorities and, in the event o! " and definition the Pupil Placement School Board of the City of Charlottes 1 and prohibits the expenditure of any part or defendants further contend that even if continued violation, proceed by vnY · funds appropriated by Items 133, 134, 137, Board would indeed be derelict in its supra, is appropriate ville v. AUen, the political subdivision operated a cer- contempt ... • SOUTHERN SCHOOL NEWS-FEBRUARY 1957-PAGE 7 Flortda Told Integ t• 'I •t bl , cer of the dean's office that such action r a I 0 ll De VI a e ;~y~dre~l:tio:~tation of the uruver- B U t Not ID• the 'F b} F t ' Dr. Campbell said Boardman's address oreseea e u ore at the mass meeting "only incidentally" House Speaker-designate Doyle Con- influenced the decision. Boardman said no•·: "I don't think the governor has the T he Permanent Reception he will fight his dismissal as a violation answer. I don'L know what the answer Comn1ittec of his rights of free speech and free is, and I don"t know what percentage oC assembly. th.e Florida people are willing to live ~;;:;;;:;;::;;;;::;:;-;::;::::;;-?1 w1th the Supreme Court decision.'' Newspaper reaction was almost unan imously favorable. Here are some edi Dr. Benjamin Fine, education editor torial comments: of The New York Times said in a Mi Pensarola Jour~tal: "Gov. Collins, in ami interview that complete integration a message of masterly eloquence, laid in the schools is at least 25 years away. down the facts of life in this 1957 de He made the statement after a nation mocracy in discussing integration.... wide tour. Collins climbed to new heights and "Integration cannot be forced, it can showed the magnitude of his stature." not be done with guns," he said. "The Miami Daily Nc>Uts: "Collins spoke people have to know what has to be frankly and fairly." done and what should be done in their Tampa Tribune: "Govcmor LeRoy own areas." Collins made it ever so clear that he does not expect to stand idly by and let Florida drift tow81·d civil strife and anarchy." MRS. ROOSEVELT HEARD Ku Klux Klan activity was stepped up during the month with cross burn Mrs. Eleanor Roosevelt, widow of the In recent board discussions there has been debate over repeal of this policy ings and public meetings in several Gov. LeRoy Collins, in his second former President, who was in Florida parts of the stale. ugural address at Tallahassee. said on inauguration day, said " I think Gov. statement. Some members contend that tion is the sup•·eme l:m or the Collins was extremely courageous in his the new pupil assignment law is suffi In Gainesville, almost 4,000 persons d, but he believed Florida hns found reference plea for graceful acceptance cient to maintain segregation without gathered at a private ranch just outside a policy statement. the city to hear hooded speakers. The way to prevent 1t in the schools for the of integration. He is absolutely right first was introduced as "Member Num foreseeable future." in saying that the South must move ~ ·~~<.:..: ~;,..;, ...... ~ " The speech attracted nnlionnl allen slowly in integration because you sim ber 175,550 from somewhere in South _.- : JN <~~ JHE , COLLEGES : Florida." Declaring he was speaking Cor on and drew such varying he;.dlines GOV. LeROY COLLINS ply cannot change the mores of thou ~ . . . . . ,•' the benefit of Gov. LeRoy Collins, the f "Mixed Schools Inevitable'' and luet~itable, But Distant sands of persons overnight." Tallahassee, home of Florida State Klansman said: ~ation to Stay." General news Other southern officials look note of University for white students and Flor : ~r reaction was that Collins' wns the l~st summer. They included a pupil as Collins' stand. Georgia's Ally. Gen. Eu ida Agricultural and Mechanical Uni "We have said some pretty rough firm official voice raised in the s•gnment)aw, a teacher tenure law, and gene C'>ok. outspoken segregationist, versity for Negroes, has been struggling things about you, sir. If you help us p South for moderation nnd gradual emergency powers for the governor to said: "He's giving in. He should know to solve a bus boycott that has contin preserve segregation in the schools, arc act in racial crises. ompliance. better than that." ued for eight months and has resulted for freedom and all tl1e Old South tra The Florida legislation has been at Devoting most of his speech to seg There were some aspects of Collins' in violence. The racial dispute has ditions, the people of Florida and the tacked on one hand as stepping stones Ku Klux Klan are behind you 100 per tption as the principal problem rae speech apparently overlooked in the reached the campuses of both universi the state, Collins said: to integrated schools and on the other ties. cent. hand as subterfuges for avoiding com general discussion. Charles F. Hesser, ~~ will do us no good whntevcr to political writer for the Miami Daily "But to the law, school officials, our pliance with the court's ruling, the In an effort to maintain segregated governor, our legislators, Congress and t{y the U.S. Supreme Court. News. pointed out that some persons seating despite court ruling that this is go\'ernor said. even the President of the United States "Actually this court is an ($Sl'ntial were confused by Collins' statement that unconstitutional, the Tallahassee bus titutlon for the preservahon of our "It is my judgment thnt these laws schools would remain segregated for (I say): If you are not for segregation, company instructed its drivers to assign sovereignty, the Bag, the state constitu rm of government. It is little short of -in line with the court's recognition years to come, but integration would specific seats to passengers. !bellion and ana1·chy to suggest that that local conditions must be taken proceed elsewhere, particularly on tion, the Bible, the republic, we are into full account-give us assurance Three white and three Negro students against you and will fight you. If it 1y state can isolate and qunrantine buses. refused to accept these assignments and ._ -,ell against the effect of a decision by that there will be no integration in our Hesser quoted one politician as say takes violence we might have to resort public schools so long as such is not were arrested. The Board of Control, to it. We are not a violence organiza Supreme Court." ing: "I guess that means the kids will which administers the state university wise in the light of the social, economic tion. But we are not a social club, ride to school integrated and attend system, issued a ruling that students I ABS 1'\'lJLLIFJCATION and health facts of life as they exist either. We are not pussyfooting around." class segregated." who "stir up trouble" in the bus dis f!. "If such a proposal could possibly in the vat;ous localities of our state. Hesser said an analysis showed Col pute would be subject to dismissal. BOOKS ATTACKED •) we any legal efficacy, we would have "Because of these laws and because lins believed the problem should be ~ Union and the power of the court of conditions in communities through divided, and integration proceed more At an integration mass meeting, at A White Citizens Council in Talla protect the people in the enjoyment out Flodda, I continue to say that our quickly in less sensitive fields. tended largely by students of FAMU, hassee formally began a drive to "get all their freedoms would be severely traditions and customs of segregation three FSU students spoke. One of them, Communist and integrationist books out ~ &lugned and imperiled. We should in the public schools can be expected John Boardman, said white persons who of all public school libraries.'' Council llkly admit this and put the true to prevail in the fo•·eseeablc future.'' favor integration should be able to work Secretary Homer T. Ba1·rs told the • lei of demagoguery on anv doctrine With the legislatu•·e preparing to meet for their beliefs "without letting the group, meeting at the county court · - nullification" · in April, there was consid<'rable reac Legal attack on Florida's pupil assign gentlemen in the while sheets know house, that he had received a list of Collins said violence, arrogance and tion among the lawmakers. ment law (Holland et at 11. Board of about it.'' Boardman urged support for "subversive books from a lady in Cali lie would not ans·wer the problem Public Instruction of Palm B each Coun a Negro candidate for city council. fornia." "'n our search for the answers,'' he LEGISLATORS COl\Il\lE:ST ty) will be heard soon before a single Two days later, FSU announced "They've literally goL hundreds of in- 1 ·~ •d, "we should begin by being honest Sen. Han·y Stratton of Callahan said federal judge in Miami. Boardman, a 24-yea•·-old graduate stu 11'~•·'\tion b"oks in our schools," Barrs ith ourselves .... L et us further an Collins has "yielded to the U.S. Su Distl'ict Judge Emmell C. Choate pre dent who formerly lived in Ames, Iowa, said. "I pulled out two last week. The •yze our position with complete can preme Court. I guess that means we viously held that a three-judge bench, would not be allowed to continue his children should be taught education and >r. now have official integration." required in cases involving constitu studies after this semester. not mixing of the races." tt '1'he decisions of the U.S. Supreme Senate President-elect W. A. Shands, tional questions, would be needed. He Dr. Doak S. Campbell, FSU president, The Florida Council on Human Rela 1 ourt, with reference to our public Gainesville: "I agree with the gover was overruled by Chief Justice Joseph said in a statement: "Mr. Boardman tions, which has been operating from ~'#lools, do not make integration of our nor's segregation statement tOO pet· cent. C. Hutcheson Jr., of the Fifth Circuit violated the regulations of the univer Daytona Beach, has decided to move pools comoulsory. They recognize to a rm sure he'll get the cooperation of Court. sity which provide that meetings may to Miami. First report in newspapers ~tgree local conditions and problems. the legislature." Judge Hutcheson said that the Su not be held on the campus in which said the group was going to South Flor ··or all the southern stales, I believe Rep. John B. Orr Jr., Miami, who op preme Court mandates on school seg races are mixed. This regulation is in ida because Dade County (1\-liami) was lorida has provided legislation which posed segregation bills in the recent regation had settled the constitutional accordance with the BoaJ·d of Control's "ripe for integration." .. est will enable it to live honestly, hon spccwl lel'(islative se~•sion: "A great questions and the pending suit was sim long-time policy. Specifically, Mr. This report was called untrue and ~ J bly and peacefully with the two speech. It will do a lot to create an at ply to determine if the mandates were Boardman invited students from Florida misleading by Miss Alice MacVicar, ji rat realities facing us: the COUI'L de mosphe•·e of good will to work out a being carried out. A&M University to attend a party giv president of the affiliated Dade County •JUons and the social and economic solution." The Dade County school board has on en on the campus by Florida State Uni Council on Community Relations. "It nditions existing in the South." Sen. Tom Adams, Orange Park: "I its records a formal policy statement versity's student international club. (the state council) is not coming here Gov. Collins was referring to acts don't consider the Supreme Court in that segregation will be maintained un This was done despite the fact that Mr. to impose this or that course of action. )ssed by a special legislative session fallible. Only the people nrc infallible." til formal notice. Boardman was told explicitly by an offi- It could not," Miss MacVicar said. which try to influence or promote racial cry can be set in motion, local school chainnan of the Virginia Investment appointed by Gov. Stanley to the seven Virginia litigation in Virginia. officials are continuing to handle assign Bankers Group, urged that a special ses member State Board of Education, suc ments as in the past. sion of the General Assembly be called ceeding Sen. Lake Newton, board presi (Continued From Page 6) Appointed by the heads of the ~vo The board has named A. B. Scott, a "to clear away the smog" surrounding dent, whose term ends. Gov. Stanley .uai of the equal protection of Lhe law branches of the legislature were State school bond issues. He said that while said he wanted to give Southside and Sens. Earl A. Fitzpatriick of Roanoke, Richmond attorney, as counsel, and Jo lid violative of the Fourteenth Amend seph W. Bland of Alberta as executive the bonds are safe investments, definite Eastern Virginia representation, which lint." Lnndon R. Wyatt of Danville, Mills E. secretary. action by the legislature would empha he said bad been lacking. Gray is from The effect of the state court's decision Goodwin Jt·. of Suffolk, and George S. size that fact to prospective buyers. Suffolk County, in the "Black Belt." tl>arently will not be to admit the Dob Aldhizer IT, of Rockingham County, and Basically, his proposal was for official Delegates James M. Thomson of Alex Newspaper accounts said that New Ias ~Jd to the white high school. The assurance that nothing had been done ton, a board member for 20 years, voted effect appeared to be andria, Frank P. Moncure of Stafford, or would be done to affect in any way :Y ~m~ediate Harold H. Purcell of Louisa, George E. a~ainst the school fund cut-off hill in dismtssal of charges against Dob the validity of school bonds. the Senate. The Richmond Thne.q-Dis fns and several other Negro pnrents of Allen J1·. of Richmond, R. Maclin Smith School bond sales during the month of Kenbridge and Charles B. Cross Jr. patch remarked that the "change sub ,est Point who also had been convicted included a $750,000 issue by the city of stitutes a down-the-llne supporter for similar charges but who did not fig oC Norfolk County. Gov. Stanley was scheduled to go to Warwick at 3.62 per cent interest and an opponent of the key bill in lhe gov ' .-e by name in the Dobbins case. Smith is a druggist and Wyatt an au New York Feb. 1 in an effort to con $520,000 by the city of South Norfolk ernor's package of no-integration laws." tomobile dealer. All the others are law vince investment bankers that Virginia at 4.57 per cent. frAYS DECISION vers. scl1ool construction bonds are as sound In Sussex County (68 per cent Ne In Charlotte, N.C. on Jan. 15, the U.S. • The group decided to call itself t?e an investment as they ever were. gro school enrollment) a committee of •OUrtb C~rcuit Court agreed to slay for Committee on Law Reform and Racial He was slated to address the Munici educators recommended on Jan. 7 that days •ts decision upholding district Activities. Thomson, chief patron of the pal Forum of New York nt a meeting the county abandon all its present Ne On Jan. 29 the Richmond Ministers JIUrt rulings requiring desegregation in hill selling up the committee, was arranged through the Bond Club of Vir gro school buildings and start "from Association published in local newspa at Charlottesville and Arlington Coun elected chairman. ginia. scratch" on new ones. pers a 1,500-word "statement of convic schoals. The stay was granted to give Leslie Hull of Alexandria has been There has been concern that Virginia's Committee chairman A. L. Wingo, su tion on race" criticizing the govemor defendants time to appeal the cases employed as cl1ief counsel. H~ll, a 44- new anti-integration laws - especially pervisot· of the State Department of Ed and legislature for "exceedingly inept U. S. Supreme Court. i}:e year-old native of Alabama, w•ll ?c on the one to cut off state funds to inte ucation's Division of Research and Plan handling of the current racial situa !Strict Judge John Paul had ordered leave from his position as ass•stant grated schools-may have caused some ning, told the county school board: "If tion." The group said the statement is a rlottesville's schools desegregated as commonwealth's attorney of Alexandria loss of confidence in the soundness of Negro high schools and elementary credo about which opponents of the last September, but that order had while handling the committee assign school bonds issued by localities in the schools are built in the county rthe rec Stanley Plan and anti-NAACP bills n .stayed pending the appeal to the ment. The committee will have its head, state. State officials contend that the new ommended plan I would be the best through the state can rally. The "legis lllt. Court. (Schoot Board of Cllar qunrters in Alexandria. The gro~p s laws actually do not affect the bonds in means to provide voluntary segrega lature," it said, "has taken long strides etual!e v. Doris Marie Allen.) third meeting will be held at the capitol any way, and they want to convince po tion." toward a vindictive, dictatorial way of in Richmond on Feb. 20. tential investors that that is the case. Sussex now has 24 schools for Ne government, foreign to our traditions groes and four for whites. The commit and guaranteeing years of tension if not The Virginia Pupil Placement Board, URGES SESSION created by the General Assembly last tee said the white schools were ade tragedy among the citizens of Virginia." Early in January, Walter W. Craigie, quate. About 60 ministers, the majority of ~ General Assembly committee of year, is working out details as to h~w it will handle the assignment of pu~ils of the Richmond investment banking Sen. Garland Gray, who headed the them white, voted on the statement Jan. ~·lawyers and two laymen has been firm of F. W. Craigie and Company and segregation study commission, has been 28, with one dissenting. lllted to investigate organizations to public schools. Until the new machin- PAGE 8-FEBRUARY 1957-SOUTHERN SCHOOL NEWS 2) An act authorizing school boards lo assign pupils on the basis of varied ~ standards ranging from location of res! Five School Bills Adopted dence to "the possibility or threat ~ friction or disorder among pupils 0 others." This acl also provides for t By Tennessee Legislature system of administrative and judie!~ review of board assignments. NASHVILLE, Tenn. have a complete integration plan ready 3) An act authorizing two or mort 'f ENNl:SS££ lt6S JOINED the Jist of by Dec. 3L school boards to jointly operate a school southern states with some sort or In Knoxville, 14 Negro students went or schools. newly-enacted school segregation laws to the courts to seck admlllance to seg 4) An act lo amend the present statute on its statute books. regated Knoxville schools. regulating transportation of pupils 011 On Jan. 25, exactly two weeks after In Memphis, a U. S. Circuit Court of school buses by eliminating therefrolll it was introduced in both houses or the Appeals sitting in Cincinnati ruled 2 to any reference to race. General Assembly, Gov. Frank Clement 1 against U. S. District Judge Marion signed into law a school bill package Boyd's November 1955 decision which, 5) An act to amend the present sta tute which includes pupil assignment and in effect, stymied the bid of five Negroes regulating the transfer to permit the voluntary segregation laws. seeking to enter Memphis Slate Univer transfer of pupils belween county school The Clement bills were not the only sity. The state plans an appeal to the systems or between county and city or ones relating to school segregation sub U. S. Supreme Court. special school district systems. mitted to the legislature in its first DILLS INTRODUCED month. Among the others: Within 30 minutes, the hundreds ol DECISION DENOUNCED people who had been in the chamber to A resolution denouncing and deplor When Tennessee's 80th General As listen to the governor were gone. ~ ing the school segregntion decisions of sembly convened in Nashville on Jan. partisans had failed to appear in or the U. S. Supreme Court passed the 7, the much talked about school segre ganized groups. The demonstrations House but was still bottled up in the gation program to be introduced by failed to materialize. The bills were in· Senate judiciary committee at the end Gov. Frank Clement was uppermost in Lroduced immediately in both Senate of the month. the minds of the legislators. and House. A resolution protesting oppressive Next day, in an extraordinary move, On Jan. 15, the education and judici. usurpation of powca· by the Supreme Clement appeared before a joint con ary commallees of both houses held f Court passed the House but had not vention of the slate Senate and House Gov. Fnmk Clement signs the five school bills as administration leaders who joint public hearing on the bills. Thref been introduced in the Senate. and delivered a 30-minute address on negotiated tJ1e bills' passage watch. They are, from left to right, seated, Rep. James and a half hours and 22 witnesses later A bill authorizing school boards to the segregation subject in general and L. Bomar, speaker of tl1e House; Gov. Clement and Sen. Jared Maddux, speaker of the hearm~ ended. Their testimony, q maintain schools segregated on the basis the proposals his leaders would soon the Senate; standing, Sen. L. B. Jennings, assistant Senate floor leader, Buford general, followed two lines of thought of sex rather than race had been intro introduce in particular. Ellington, state commissioner of ag1·iculturc; Rep. Damon R. Headden, House floor Witncss<'s who accepted the Suprem duced in the Senate but not in the The corridor outside was crowded leader; J oe Carr, newly elected s(.-<:retary of state; and Sen. Ross Dye•·, assistant Court rulings declared there was 111 House. with people miJling about an hour be Senate floor leader. need for any legislative action on th As the month ended, Clement denied Core Clement appeared to deliver his subject; witnesses who favored the rt that the bills were meant to dodge speech. Seats in the two galleries in ence of different backgrounds, we must STATE'S DIVERSITY NOTED tention or segregation in public school court rulin~ts. In a lettea· to R. G. Cross the House chamber were filled on a not overlook the fact that the Negro is Clement then outlined his program, said the Clement bills were "fine as (a no, chairman or the Anderson County non-segr egated basis even before that. as they go" and suggested amendment equal to the white in the eyes of the saying the slate must develop a system school board, the governor said, in part: law and in the sight of God .. . to "strengthen" them. "I am sure you are well aware of the DEl\tONSTRATIONS EXPECTED based upon "the realities of the situa fact that no gubernator-ial or legislative Highway patrolmen, uniformed and in NEGRO DEMANDS RIGHTS tion" but: WHAT WITNESSES SAID action can overturn a decision of the plain clothes, moved through the crowds "When the Negro reads the Declara "We must also bear in mind that Ten RoBERT E. LTLL.~RD is an attomev a11 or stood behind the gallery seats. There one of two Negro city councilmen I U.S. Supreme Court. tion of Independence, when he hears our nessee is a diverse and varied state. In "We have not claimed that under the were unconfirmed reports that pro Nashville. He said: leaders speak of the rights ol man, he some counties there are no Negro chil administration bills a local school sys segregation and pro-integration groups "I agree with Gov. Clement that ~ tem can operate its schools in contra planned to attend the meeting en bloc. knows that he is a mnn, he knows that dren. In others, there are three Negro years of history cannot be erased l vention of the decisions or the Supreme There was lalk of demonstrations to be he is an American, and he will never school children for e\•ery one white. In legislative acts or judicial decree ar some counties, the Negro population is Court of Tennessee and the Supreme made either during or after Clement's be content to be treated as anything I respectfully submit that no brig! Court oC the United States. The bills speech. less. scattered. In some counties, the Negroes page can be added to our glorious hi are designed to afford the local school At 11 a.m., Clement was escorted into "Whether we like it or not, the Negro have excellent schools, in others they tory through contempt of and disobed boards the greatest possible latitude of the House chamber by a committee of will never willingly keep an assigned are poor ... Any new system must be ence to the supreme law of the land." action within the framework or the senators and representatives and two place in society if that place is set in sufficiently flexible so as to allow for Lillard said he specifically object law ..." plainclothesmen. shame and degradation." these differences which exist across the to the pupil assignment and volunta Elsewhere across Tennessee legal ac This is what he said: Analyzing the Supreme Court decis state." segregation bills proposed by Clemet tion t'lok the spotlight. (See "Legal Ac The segregation problem is not only ion which upset the separate but equal The Clement program included: tion.") America's greatest crisis, it is "our doctrine, Clement said that while the 1) An act authorizing local school l\IORAL, SPiRITUAl . ASPECTS In Nashville, Federal Judge William gre.-.test opportunity" for service. court declared compulsory public school boards to maintain separate schools for Karl (J ack) Kershaw is an arti E. Miller accepted the city school "We must accept the fact that no law, segregation unconstitutional, "it did not white and Negro children whose par realtor and chairman of the TenneS! board's grodu'll intearation plan - be no judicial decree can erase 300 years purport to require the states to mix ar ents "voluntarily elect" that their chil Federation for Constitutional Gover ltinning next September with first grade of history. bitrarily persons of different races in dren nttend school with members of ment's lel!i!'lative committee. He a desegregation-but ordered the board to ''But in our recognition of the exist- the schools." their own race. (Continued On Next Page) School Board May Begin at First Grade, SubTnitFurther Plans Follotoiny is n partial text of District gradual or step-by-step basis. They school authorities have made a prompt than further delay. Nor is there any flict with the conclusions hero Jt:dge WiLliam E. Miller's memorandut>l have concluded that an abrupt change and reasonable start toward full com indication, if the instruction committee reached .... Manifestly the Nashvi opinion on the Nashville school deseg in all of the city schools would be in p!Jance, and third, whether the school made a recommendation for a substan plan docs not contemplate or invo' regation plan: cor.sistent with the public interest and authorities have carried the burden to such discrimination between the rae with the efficient functioning of the establish that more time is necessary in tial further step, whether the recom It merely postpones complete desegJ On May 31, 1955, the Supreme Court school system itself. They believe that the public interest consistent with good mendation would be approved or disap galion to provide time for the solull in Brown v. Board of Education . . . the soundest ,\pproach to the problem faith compliance at the earliest practi proved by the board itself. Nor docs of varied administrative problems wit enunciated the principles which should is to begin with desegregation in the first cable date. to carry out the ruling in an the plan require the board to take ac out impairment or denial of adequ govern the district courts in formulat grade and to m3ke plans for the future effective manner. It is not the duty of tion upon any recommendation by the educational opportunities to both ra ing decrees to implement its prior rul base..\ upon the experience thus gained. the court to devise a plan of desegrega committee at any particular time. Also, during the period of transition. iny, in the same case that racial discrirni Whether the solution propo::ed by the tion nor to substitute its judgment in according to the proposal, after the nabon in public education is unconsti board is the best one which could b e matters of school administration for that committee once made a recommendation Accordingly, the •judgment to bet tutional ... de,·ised is a matter of dispute in the of the constituted school authorities ... for another step to be taken, its func tered pursuant to this memorandum' From the outset the (Nashville] evidence. The views of the school au The evidence justifies the conclusion tion would have been completely ex provide as follows: board of education frankly and openly thorities are supported by the testimony that desegregation will confront th'! hausted with no obligation to make a) That paragraphs 1, 2, 3, 4 and ! recognized its obligation to maintain the of expert witnesses. Other experts, testi board with numerous administrative recommendations for further steps the proposed plan are approved; fying for the plaintiffs, have expressed school system upon a racially non-dis problems, including increased difficulty toward desegregation. It is manjfest, b) That par11graph 6 of the propo criminatory basis. It has endeavored by contrary opinions. They insist that i£ a in procuring and retaining teachers, therefore, that paragraph 6 makes the plan is disapproved; its careful investigation and study >f plan of partial desegregation is adopted, plan submitted partial and incomplete, teac.-hing adjustments required because c) That the board of education sl the question to find a solution which each step should include not less than and that it is in effect simply a pro of differences in achievement levels . . . submit to the court not later than l would accomplish the transition as soon a normal functioning unit, i.e., elemen oC Negro and white children, problems posal for indefinite postponement or 3.1., 1957, a report setting forth a e< as reasonably practicable consistent lar.v schools, junior high schools, or high arising from a liberalized student trans further desegregation, direct.ly contrary plete plon to abolish segregation in with the public interest and the efficient schools. They further insist that any to the mandate of the Supreme Court fer system supplanting a strict transfer of lhe remaining grndes of the operation or the schools. plan adopted shc.uld be a "total plan" in system, as well as other problems in that full compliance with its ruling school system, including a time sch The problem confronting the board of that it should set forth all steps to be herent in accomplishing a change so shall be accomplished with all deliber ul~ therefor; education was not one which was con tnken to accomplish complete desegre profound and far-reaching in its effects. ate speed. d) That upon the filing of such re) gation together with the time for taking While it is possible t~J argue that the cerned with a :;ingle school but with an The provisions of the plan for trans lhe plaintiffs shall have a period o entire school system which has been each step in order that all interested first step towards desegregation should fer : of students from the school of their parties will know definitely what to ex include a greater number of grades or days thereafter within which to file maintained for practically a hundred ume to another school were apparently jections thereto; years--always on a segregated basis pect for the future. at least a normal functioning unit, the adopted upon the basis of the interpre e; That if objections are not fiJec and having an aggregate school popu court is not able to find from the evi tation or the Supreme Court's decision the report . . . the report shall be a1 lation of 27,000 students, of whom 10,000 In passing upon •the adequacy of the dence that the conclusion reached by set forth in Briggs v. Elliott, 132 F. Supp. m~tically approved; were Negro students. In this situation pial' submitted, this court must give th• board is an unreasonable one. 177. In that case a three-judge coua·t the board conduded that it would need f) That if objections arc filed . eff£ct to the ;mplementing opinion in But although the court is of this presided over by Circuit Judge Parker, hearing !'hall be held thereon before mo• e time to fonnulalc a workable plan the second Brown case . .. viE:w, and although it finds that the construed the Brown decisions of the of integration. c<-urt upon five days' written notict ... It is thus clear that the district school authorities are acting in good Supreme Court as not requiring inte th" plaintiffs to the defendants, with courts in fashioning decrees in cases of faith and have carried the burden of gration but as merely forbidding such burden resting upon the defendant • this nature are to be guided by equita showing that more time i s necessary to discrimination, and as not Corbiddin~ In recognition of the reasonableness establish thal the plan is &dequal ble principles and that they are re comply with the decision of the Su such segregation as occurs as the result meet the constitutional principles of this request for further time, a three quired, therefore, to give due weight to of voluntary action. If this is a correct preme Court, it cannot find that they clared in the two Brown opinions; judge court, at the March 1956 term, considerations of public interest. While have carried the burden of supporting interpretation, and the court believe" gtanted the board's motion for a con iL is recognized that the plaintiffs have that it is, provisions which mea·ely con g) Thnt the rights of the plaintilh the indefinite time to accomplish full others similarly situated to attend tmuance o£ the case to the October 1956 a personal interest in admission to pub fer upon while and Negro students .1 compliance provided for in paragraph 6 public schools of the city of Nash tenn ... lic schools as soon as practicable on n of the plan. Paragraph 6 merely pro nondic;crirninalory right to transfc•· A t the October 1956 term the case wdS nondiscriminatory basis, the district would not appear to violate the Consti without discrimination on accour vidts that the instruction committee of race are recognized and declared, called and set for trial Nov. 13, 1956. courts, as courts of equity, may take into tution. If the provisions should be ap th'l board shall t:ontinue its study or the that the issuance of an injunctic At the henring which was begun on that account the necessity for time to elimi problem and recommend by Dec. 31. pl~ed on a discriminatory basis, any ag date, the board of education submitted nate a variety of obstacles in a syste gnc·,·ed party would have an appropri withheld pending the filing o{ the rt 1957, the time and number of grades to . . . and the action of the court its plan, adopted on Oct. 29, 1956. The matil! and effective manner. Primary r e be included in the next step to be taken ate remedy. primary question presently before th11 sponsibility for assessing the problems any objections which may be a in further abolishing compulsory segre The cow·t has examined the recent thereto; and court is whether the plan so adopted is involved rests upon the local school au g~ti on. opinion of the Court or Appeals in adequate to meet constitutional require thorities and the function of the courts h i That jurisdiction of the acti< Booker v. State of Tennessee Board of retained during the period of tr ments ... is strictly judicial in charncter, i. e., to There is no indication• from the plan Education, in which a gradual plan for It is the considered opinion of the determine first, whether the action the education committees of both House This resolution, called by some the willing" to hire special lawyers, ii nec alone ... It will be solved on the com Tenne see "Tennessee Maniiesto," was introduced essary, to handle the case. munity level by voting and other (Continued From Page 8) and Senate approved the school bills. Two days later, the bills passed through in both houses on the day the Assembly means," said Marshall. ~ke on the moral and spil'itual aspect the House with only four dissenting convened. The resolution was intro ~IEl\IPBlS CASE "I don't blame the legislators. U they the segregation question. K ershaw \'Otes. And the dissenting votes were duced separately in each house and The Sixth Circuit Court of Appeals, can kick the Negro voters around and d: cast on only two of the bills, the pupil s:nce it was not a joint resolution, its sitting in Cincinnati, reversed a deci gel away with it, they ought to." sion by a Memphis district judge in "I'he tragedy of America today is that assignment and voluntary segregation pas~ge by each house would require Marshall told the NNPA publishers ewell-meaning liberal has been mis- laws. no action by the governor. which he had r efused to order, in ef and editors that some daily metropoli 1 into believing that segregation is The resolution was adopted by the fect, the admission of five Negroes to tan newspapers have failed to report __.sed on race hatred. To segn•gate wiU1 SENATE ACTS SLOWLY House the same day it approved the Memphis State University (formerly "the good features" of desegregation. He 1tua1 respect is Christian love. To Passage of the bill in the 33-membcr school bills by a ''ote of 71 to 7. Memphis State College). said no daily paper has gone to any ex ffi,,:.egrate is to destroy racinl difTerences Senate, however, was somewhat slowe1·. The Senate has not acted on the In a 2 to 1 decision, the court ordered 1 lent to report the favorable conditions fl.,d therefore, in the most profound On Jan. 17, the same day U1e House resolution. the case sent back to District Judge Ma accompanying school integration in Ok ase, it is an expression of racial hatred passed the bills, the Senate judiciary rion Boyd for further action. It was one lahoma and West Virginia. f it has no respect for cultural and committee recommended fout· of the in which Ruth Booke1·, Nellie Peoples, At the same meeting, W. Beverly Car cial differences." bills fo1· passage but withheld action on Mat-des Knowles Vanhook, Elijah Noel ter, publisher of the Pittsburgh Courier, the fourth-the voluntary segregation and Joseph McGhee, Jr., sought an in ECESSITY DISCLAli\1ED said in an interview the Negro press law-pending further sludy. junction to prevent the Tennessee State feels a grave responsibility "to help re Dr. Preston Valien, a Negro, is pro At the meeting, the senators called in Board of Education and officials of the solve the problems of racial confl;~t. ssor of sociology at Fisk Unive•·sity. a Nashville attorney, Val Sanford, one university f1·om denying them admis We feel we can best work toward this ! said: or tlle authors of the bills, and ques Federal Judge William E. Mmer has sion to the school. end by not being inflammatory but by "'f these bills demonstrate one thing, tioned him on the constitutionality of accepted the Nashville School Board's In his decision, given Nov. 22, 1955, attempting a reasonable approach and ey demonstrate that no educational the program. proposal to desegregate city schools at Judge Boyd denied the injunction re by assuming all Americans are seriously tasures are necessary for the orderly quest but approved a plan proposed by Sen. James Cun1mings of Cannon the first grade beginning next Septem concerned about the problem." ~ !!egregalion of the public schools in the Board of Education under which County asked il it would not be WISt' to ber He gave the board until Dec. 31 to ' fllnessee. The legislation proposed is there would be total desegregation at PROl\USE REPRISALS 1 insert somewhere in both the pup1l submit definite plans for desegregation p.lly unconstitutional, administra- assignment and voluntary segregation of the other 11 grades. the school within five years. In Memphis the Ministers and Citi 1 Circuit Court J udges Charles C. tely unworkable and totally unncces- bills a sentence "clearly stating that In its answer to a suit in behalf of 19 zens League, a Negro organization, Simons of Detroit and Florence Allen of r;. They show people struggling with nothing in the proposed laws would Neg1·oes and two white children who promised reprisals against the Shelby b consciences. They are unwilling to prevent a school gystem from dc:;egre first sought to enter schools with white Cleveland voted to reverse the decision County delegation and other Tennessee l what is wrong and they are unwill while Judge Shackleford Miller Jr., of ~ating should it desire to do so." He students in 1955, the school board pro le.!!islators who signed the "Tennessee C do what is right." Louisville, Ky., dissented. to ~aid he was worried about the voluntary posed the first grade integration plan as Manifesto." He said the bill pennilting voluntary segregation bill's constituhonalily, rend a "good faith" attempt to comply witll NOT EQUiPPED "Any elected member of the Tennes Jregation would create three types the U. S. Supreme Court ruling. particularly about the fact that ~ con. In its defense of the case, the school see state legislature who sponsors such f schools, "one white, one for Negroes The hoard had offered to decide by srdcred along with the other bills, 1t hoard declared tlle University was not circumventing legislation will be met at ad one American." next December what to do about segre m 1ght be the cause or all being dccla~ed equipped to admit a freshman class in the polls by concerted campaign efforts One of the few colloquies of U1e hear unconstitutional ''and lea\'e Report from Washington Corning Replies to Congressmen; Ike Asks Federal School Aid WASHINGTON, D.C. to borrow $70 million over a five-year . Yo u' re an Odd L•loking liubcommittcc charge true that inte District teachers and adminislrato11 It ~~~ n rsTRICT ScHOOL SuPT. Hobart M. Cor- period to erect needed school build gration has caused an undue number the NAACP "evidence a generally ··'""!' ~ Du t~ k ' ning last month rejected school sys ings. of teacher resi~nations and early re vorablc attitude regarding the su ~-.;'~ tem changes recommended by a spe Corning said "if the committee is tirement, Corning said. of integration" here, the report states. • cial House District subcommittee and, sincerely seeking for things that will Corning made these statements on A maJOritv of the respondents " in effect, accused members of having help, these are the things that are of specific subcommittee school recom social activiiies should be inte :; made up their minds in advance oi primru·y importance." mendations: as rapidly as regular classroom actm. ~:z hearings. The subcommittee's contention that Liberalization of present student lies, and expressed a belief that ~ , ;~ In a report to the board of education, District school integration proceeded transfer policies "would leave the ad ents arc "becoming more liberal" 1 b Coming said a subcommittee proposal at an unwarranted speed is an unfair ministration without adequate control their attitude toward integration. ~ to t•eturn to separate but equal schools charge, Corning said. of total enrollment in any school." M P ~EAMEN DME~ ~ in the nation's capital "would be illegal District school officials were prepared Creation of trade schools for pupils . . . and would result in chaotic up for the start of integration, Coming of low mental ability is akin to current Appcal"ing on a television panel dJs, ::_~ heaval'' within the school system. said in refuting a subcommittee claim plans to set up a citywide school fot· cussion J an. 13, the District Commit- ~ "'By way of general comment," Com to the contrary. "Testimony shows," boys who need a shop-centered type of sioners said they would oppose a ~ z:ar ing said, ". . . that recommendation Coming said, "that prior to the decision program. stitutional amendment allowing Distnl t:1 alone seems to indicate the pl"ime pw· of the Supreme Cout·t, the staff offi schools to be segregated again. Cort- ...... -! Establishment of separate schools for missioner David B. Karrick said then ~ pose of the committee which is un cers with the superintendent in a se Ute "best interest"' of these youngsters doubtedly basic to its various findings was ''something to be gained ... l,. t!:: ries of many conferences and work ses who are better off in !>pecial classes in and recommendations." the academic point of view but not a 1i: sions, studied for IM•o years lhe means regular schools. The re-segregation recommendation of bringing about an integrated school integration" from information in thr II;: was attached to the District school t·e system." NAACP CRITICIZES report of the Davis subcommittee. ~l! port by a southern majority of the sub In ;~n appearance at a National Prrs ~ ALTERNATIVES The District branch of the National committee after two of the six members -CTeeruboTo (N.C.) Dafl11 News Association for lhe Advancement o£ Club luncheon, Commission Chair!Da .: ! refused to sign U1e document and is Those who claim the transition took Robert E. McLaughlin, sometimes ~ time because the issue had not been Colored People critictzcd the Davis sued a minority report of their own. place too quickly should consider the subcommittee report as "defaming" Ne scl"ihcd as "Washington's mayor," nl 1::. These membet·s, Reps. DeWitt S. Hyde alternatives, Corning went on. "Un faced squarely at the beginning," Com ing said. groes and released excerpts of a report asked: "Is the Davis subcommittee rf- a (R-Md.) and A. L. Miller (R-Neb.), doubtedly, had the board of education the association will publish soon. port on District integration an objeelivt ~ said the subcommittee headed by Rep. not acted promptly, there would have one?" I MOVEMENT OUT Eugene Davidson, president of the 1 James C. Davis (D-Ga.) went out of its been repeated and intensified tensions local branch, said the subcommittee He answered: "How much disselfJCr way to find fault with lhe District and demonstrations due to the exces Many of the problems listed by the Davis subcommittee are not problems had ''defamed the Negro race and given you can do the District in general ~ schools. sively overcrowded conditions in the cause Congress runs it] in being per· colored schools when there was avail which resulted fr·om school integration, aid and comfort to southern communi fectly frank is a problem. r tend It 1\IAJORITY MEl\fBERS able space in the white schools," Com Corning said. For example, he said, the lies which are resisting and violating agrcl• with those who find it not to halt ll Members of the soulhem majority, ing said. subcommittee claims lhat there has the law against segregation." been an objective report." /u\tC • in addition to Davis, are Reps. John During the last several years of segt·e been an accelerated movement of the The NAACP analy~is of integration Bell Williams (D-Miss.), Joel T. Broy white population to t.he suburbs. in the Washington public schools :;hows, whethet· integration had been "an Ol'!!· ~ gation, Corning recalled, 21 schools had all success," he responded that it dt hill (R-Va.) and Woodrow W. Jones been transferred (from the white to Ne "In this connection,'' Corning said, the report says, that "integration o£ (D-N.C.), who no longer is in Congress. public schools in Washington is success pend<•d on how "ove•·-all" was defined gro division) and "in each case there "the subcommittee seems to have ig and added: "The most important prob- ~ Coming wrote that the congressional nored testimony of the superintendent ful and there is absolutely no scientific was controversy, dissatisfaction and un lt'm under the dual system was lhll school investigators failed to heed his rest." and material supplied from lhc research evidence which will support a contran testimony to "any appreciable degree." opinion.'' • colored schools were not fairly treated. Had the school board delayed integra department of the schools which show Coming was questioned one full day of that the migration of the white popu The NAACP report slates: "The theo the public hearings last fall. tion, Coming said, McKinley High School, at least one junior high school lation to the suburbs has been going ry that Negroes possess an intellectual The superintendent recalled that he and several additional grade schools on for many years." capacity infertot to white persons is was asked by Rep. Williams what leg scientifically unsound ... there are no would have been transferred to Negro Coming denied the subcommittee's What diSposition the full House i)it ractal differences in capacity to learn islative recommendations might im use "because it would have been unten charge that sex problems in integrated trict committee would make of the Da· . . . there are no studtcs which ofTct· prove District schools. Corning said he able to require colored children to con schools have aroused parents and con vis subcommittee report on ois!rid replied "that our most pressing need tinue to pass haU-filled white schools tr·ibuted to the exodus of the white pop conclusive evidence that the1·e arc m hcrent biological raci:tl dtfferenccs m school integration was problemaLicM ~ is for more teachers so that classes can on their way to overcrowded colored ulation from the city. Corning said the the month ended. On Jan. 6 the Wcs • be smaller." This was not mentioned in the capacity for intellectual achieve schools." reported number of iUegitimate births ingiOrt Evening Star reported: "A the subcommittee series of legislative ment ... recognition of data on su ~ t and venereal disease among children yesterday showed substantial op=- ~ proposals, he said. WOULD NOT WORK "are indeed astounding and tragic." pcri?r !'legro pupils refutes any gcn "We need more teachers for special er·ahzalton that the Negro is inferior to tion r to the report I already had Clj' • • Corning underscored his belief that But, he said, "it cannot be claimed lized among some committee mcm~ ).,~ classes, more supervisors and an ex a year-by-year integration plan would whites." that these conditions are lhe results of Others appeared to be on lhc fence. -~ panded testing department and to re not have worked. Families would have school integration." lieve serious overcrowding, we need SCORES ON TESTS not eager to challenge lhe Suptt-'~~~ been divided and such a program would Court." more school buildings and we need have taken 13 years to accomplish, DISTRICT FINANCES Lower scores scored by some Negro them more rapidly than is possible un (kindergarten through senior high.) students on intelligence tests reflect the Rep. Davis had not said how or •beG \~ The subcommittee statement that less favorable social and l'conomic back he expects to follow up the report. Ret' " der the present 'pay-as-you-go pro "In other words, the schools and the Washington schools are more adequate gram,'" Coming reiterated. School offi ground of these students, the report John L . McMJllan (D-S.C.). chaiJ1!11' community would have been contin ly financed than other school systems states. cials are seeking legislative authority uously disturbed over a long period of is not true, Corning said. Nor is the (Sec DISTRICT OF COLUl\IBU-· Responses to questionnaires sent to Page 16) SOUTHERN SCHOOL NEWS-FEBRUARY 1957-PAGE I I tives: "I feel that I, so often honored South Carolina The Rev. W. E. Richardson, at an (Continued From Page 10) and trusted with high public service am statewide membership drive in J anuary. six men for complicity in the late 1 Emancipation Day observance at Thomas D. Keels of Sumter is the new December beating of Camden High A broader effort to present the cause ~·c~. much a symbol of the great and Charleston: "After slavery, the Negro abtding tolerance which is inherent in chairman of the stale organization. suc Sc.hool Bandmaster Cuy Hutchins. >f states' rights is embodied m thc leg the hearts and souls of the guiding has done hJS best and has remained ceeding Micah Jenkins, oC Charleston. Chief J . P . Strom, of the State Law true to the American way of life. He s)ation being drafted by Rep F forces of South Cat·olina· the same Dr. W. M. Crosswell of Timmonsville is Enforcement Division, in company with has never attempted to propagate ideas vice chairman, and H. L. Bowling of Camden Police Cruef W. R. Williams l<dJell Ott, a new legislator from ~orces which can be dep~ndcd u~n. whtch would lead people away from .tnd must be depended upon, to bring Elloree is treasurer. The post of execu and Cruef J. H. McLeod of the Kershaw :>ra,ngeburg County He proposes that the pattern of life the American peo tive secretary, formerly held by Sum 3outh Carolina take the lead in a ~outh ••11 ?f our people forward with every Rural Police, announced to the press ple and their government have given merton attorney E. Emory Rogers, is the arrest of these six white men: ,ride program whcrehy the vadous ft•a!i:tble degree of peaceful and judicious him. We abhor destructive radicalism haste · · .. 1 declare that South Carolina, vacant at the moment. Homer W. Fields, 56, a carpenter; Steve ;outhem legislators would combinc which would disturb relations bet\veen In mid-January, State Sen. Sam En :heir resources and sPnd pcr:-on,ll rcp sf pcrmttted to do so without outside B. Broadway, 32, a textile worker; John Negroes and other Americans." gelhardt, chairman of the Associated Walter McManus, 32, a mechanic; ~tatives to vistt the non-~outhern llltl•t·fcrcnce, will properly attend to all Citizens Council of Alabama, conferred George Dewey Bigbee Jr., 40, a textile rcgislaturcs which arc in scs~ion this of ~cr re:;ponsibilities to all of her peo ple. • with South Carolina officers o£ the Cit worker; Neal W. Seegars, 62, lumber The purpose of such vtsttattons yw. izens Councils to discuss coordination man, and Horace William Frith, a ,vould be to enlist support for the pres U.S. Rep. L. Mende( Rivet'S, of the 39, of effort. between councils of the two textile worker. ' !t'Vation of state sovcrcignty on a na Fsr:;t Congressional District, speaking states. tionwide basis. hdon.> the Friendly Society at Charles The first four await trial on charges ton on Jan. 16: ·'Jud icial legislation is COUNCILS DEPLORE VIOLENCE of assault and battery of a high and ns dangerous to out· ft·ecdom and sov South Carolina's Educational Finance In Camden the steering committee of aggravated nature. Seegars and Frith cn•igt1ty as the unknown and unrelia Commission, chat·ged with supervision the Ket·shaw County Citizens Council are charged with conspiracy under Sec. ble word of the Kremlin.... The de of the stale's school equalization and issued a statement prompted by the 16-101 of the state code, relating to struction of state sovereignty by eithet· expansion pt·ogram, allocated an addi beating of a Camden bandmaster by a civil rights. the Supreme Court or subordinate tional $155,390 for school construction group of masked men at the end of courts is as final as the destruction of during January. December. The Citizens Council com CROSSES BURNED Atty. Gen. T. C. Callison, in a New the small and captive nations behind the mittee reaffirmed the Councils' stand At Rock Hill, a six-foot wooden cross Iron Curtain.'' That amount brings to $171,005,256 the against violence. was burned during the night of Jan. 17 Vear's Eve statement: "I do not expect amounts earmarked for school construe 11 1957 to see any change in the atli lion or improvement since the program In Rock Hill, the Ministerial Associa in front of St. Anne's Catholic School. mde of South Cat·olina on the subject 'AFRAID TO T~K' was initiated in 1951. Of that, $89.521,- tion on Jan. 8 declared: "We do not The school is the only desegregated • ,; segregation .... The only way the 656, or 52.4 per cent, has gone to Ne believe racial supremacy can be sup school in South Carolina and is in its 1ttte can guarantee proper disctphnc, The Rev. Allred Isaac, speaking at Emancipation Day ceremonies in gro schools. The remaining 47.6 per cent, ported by the Bible.... We feel that third year of integrated operation. Rock a'tl' and order in connection with the $81,483,600, has gone to white schools. those who believe that the supremacy Hill police had not reached a solution public school program will be on a seg Greenville on Jan. 1: "Some Negroes think we are cursed because we arc of one race of people over another is of the case by Jan. 24, last time a re ~ted basis. We need no aid ft·om the sons of Ham. We are sons of God .... taught in, or is substantiated by the port was made on the matter in the federal government and we want none Bible are in error." press. for our public school system." The professional Uncle Toms arc the most piliful because they are afraid to . .. In Columbia, six white teen-agers Speaker of the House Sol Blatt. a think for themselves after going to The Association of Citizens Councils MISCELLANEOUS were freed, with a warning, after they Jew, on the occasion of the unveiling ~chool to learn how.... This group is in South Carohna, wruch now has near had been arrested for burning a cross of his portrait as a tribute to him ft·om helping the South fi~ht the battle of ly 60 local councils throughout the State and local law enforcement offi in front of a gate to Benedict (Negro) .,Ueagues in the Hou.se of Representa- delay." state, announced the launching of a cers announced on Jan. 3 the arrest of College in Columbia. and in unmistakable terms placed upon school buildings exclusively for Ne be so harmful as an interrupted educa the distl'ict judges the responsibility of groes, which are now concededly equal tion. weighing the various !actors which pre if not superior to those occupied by the Laying aside for the moment the More Time 'Irnperative ' vail in the respective localities affected. white pupils. probability of the schools being closed, Thet·e is here a recognition of the ob Before these plans could be com in the present state of unrest and ra vious fact that in one locality in which pleted, this suit was filed. Since the de cial tension in the county it would be - In Prince Edward Case conditions permit, a change may be ef cision in the Brown case these plans unwise to attempt to force a change of Here are excerpts /rom the ~pinion of In the 1954 opinion, which will be re fected almost. immediately. In other lo have been completed. The defendants, the syst.em until the entire situation can ltulge Sterling Hutcheson in the case of ferred to as the first Brown case ... calities a specified period appropriate in who are the superintendent and mem be considered and adjustments gradu llavis v. Prince Edward County School the court, after staling that. ''because of each case may be feasible and a definite bers of the school board, and as such ally brought about ... A sudden dis ~ which was one of the origi~tal the wide applicability of this decision, time limit fixed accordingly. In yet charged with the "primary responsibil ruption of reasonably amicable racial t 5chool Segregation Cases decided May and because of the great variety of lo other communities a greater time for ity for elucidating, assessing and solv relations which have been laboriously 7,1954. cal conditions, the formulation of de compliance may be found necessary ... ing" their problems, have proceeded built up over a period of more than crees in these cases presents problems While the Supreme Court made no with the operation of the schools in the three and a quarter centuries would be of considerable complexity", requested reference to yet another interest, there county in accordance with the practice deplorable. At any reasonable cost, it This case ori,dnated in the Richmond must be avoided. livision upon the filing of a complaint counsel to present further argument on is one of a semi-public nature. This in wruch has prevailed. They have pre certain) questions ... pared and submitted to the board of -~~~ May 21, 1951. The declared object o£ 1 volves the teachers o£ the county, both • be complaint was, in substance, to ob wrute and colored, and their families, supervisors of the county annual budg I conceive the immediate problems of Following elaborate argument upon the court to be to determine whether lin a declaratory judgment holding these questions ... the Court filed its dependent upon them for support. ets for the operation of the schools . . . bat segregation of pupils in the public The conflicting rights and interests of Buttressed by popular demand ... the the school board is acting in good faith opinion on May 31, 1955, which will be and whether the facts before the court tbools in the county by rnces consll racial and national groups in this coun board of supervisors has declined to al referred to as the second Brown case. at this time are such that an order fixing pted discrimination in violation of the try is notrung new . . . It must be borne locate funds for the operation of schools With knowledge of what was considered on an annual basis. Instead it appropri a lime limit for complianc&with the de .~ \burieenth Amendment .. by the court, as revealed by the ques in mind that these con£licts and the cases arising thet·efrom are the result of ates the necessary operating expenses cree is proper, taking into consideration The case was heard Feb. 25- 29, 1952, tions, the language of the opinion in the various factors outlined in the customs, traditions, manners and emo on a monthly basis, with a publicly de - - a three-judge court ... The opinion the second Brown case takes on added Brown case to wruch consideration has tions which have existed for genera clared intention of discontinuing such that court was filed on March 7, 1952, significance, both with respect to what appropriation if schools in the county been given ... on May 17, 1954, the Supreme Court was not said as well as to what was lions. In thJs particular case the cus are mixed racially at this time. In this The passage of time with apparent in ed down its opinion, reversing Lhc said ... toms to be changed have been not only generally accepted but 1·epeatedly and connection attention is invited to the action on the part of the defendants of gs and conclusions of this cout·l, ... H is clear that the law must be statutes recently enacted by the Virginia itself does not necessarily show non case having been consolidated with cnfos·ced but the court is acutely con expressly declm·ed the law of the land since 1896. While lawyers may have General Assembly under which the compliance .. . I find that the defend scious of the variety of problems o{ a -~other cases then pending before it. been conscious of the evolution of the funds provided by the state may be ants by submitting the usual budget re '-'~ Brown v. Board of Education 347 local nature constituting factors to be law dut·ing this period and prepared to withheld. Pending final interpretation or questing appropriations have done all .S., 483. At the suggestion of the court considered in the enforcement ... anticipate the possibility of a change, those statutes time valuable in the ed that reasonably could be required of ,... case was further argued ... and Bearing in mind that the only legal the average layman affected may not be ucational opportunities of the children them in this period of transition. Action court filed its second opinion on May issue in this case pertains to a right charged with such prescience. Patience, involved might be irretrievably lost ... which might cause mixing the schools 1955. 349 U.S., 294. The mandate hav J{Uarantced by the Constitution ... the lime and a sympathetic approach are at this time, resulting in closing them, been received by this court on June action of the court takes on significance imperative to accomplish a change of • would be highly and pennanently in 1955, the case was called for further which can hardly be overemphasized. conditions in an orderly and peaceful In this state of facts I am called upon jurious to children of both races. Rela · gs and on July 18, 1955. the It is elementary law that one deprived manner and with a minimum of fric to fix a time when the defendants tions between the members of the two -judge court entered an order di of a right guaranteed by the Constitu tion. should be required to comply with the races in the county would be adversely compliance with the lt-rm of the tion ordinarily is afforded immediate terms of the injunction issued by the affected and final solution of the vexing daw, but finding that tt w.1s not relief. Notwithstanding this fundamen • three-judge court in obedience to the problems delayed as a consequence. 'cable to effect a change in the op tal ps·inciple, the Supreme Court in this In seeking a solution it is necessary mandate of the Supreme Court. To do At this time the children of both races tion of the public schools of the case has seen fit to specifically declare to know and to understand the back this I am to "adjust and reconcile pub are being afforded opportunities for an ty during the session begmning that while the plaintiffs are entiUed to ground upon which the !actual situation lic and private needs", by weighing and education under an adequate system September, 1955. the exercise of a constit•tlional right, in is cast. In this connection it is neces considering the personal interests of the that has been formulated over the years. On April 23, 1956, plaintiffs fi!l•d a view of the grave and perplexing prob sary to examine briefly the present con plaintiffs as well as the interest of the U an order should result in racially in '*>!:ion seeking an order fixing a time lems involved, the exercise of that right ditions in Prince Edward County, Vir public, in the elimination of obstacles tegrated schools, the school system of lmit within which compliance wtth the must be deferred. With that declaration ginia, historically and as revealed by the in order that there may be a systematic, itself would change greatly. Plans \der should be had to, which amwt•r the court used equally forceful language record in this case ... orderly and effective transition of the should be made to keep within bounds of the defendants was filed on Junt• 29, indicating that it t·ealizes that con rn the days following 1861-65 the en school system in accordance with the the automatic adjustments that would 1!56. On July 9, 1956, the three-judge d itions vat·y in cliffet·ent localities. Con tire section was poverty stricken. For constitutional principles announced in follow in order that society not he too Ollrt was reconvened ... On July 19, sequently, instead of simply declaring the rank and file of both races there was the Brown case. drastically affected. 1~, the court announced its umsni the right and entering a mandate ~c a struggle for existence and education I believe the problems to be capable Many minds are now engaged in seek IDOus decision that since the conslilu cordingly, it has seen fit in the exerctse was of secondary impot'lance. rt is true of solution but they will require pa ing an equitable solution of the prob tional question involved had been de of its equity powet·s to not. only defer that in this situation with the local gov tience, time and a sympathetic under lem, including those of the defendants ~ed ... the moltct· should be until a latet· date the time when the ernment controlled by membet·s of the standing ...... It is inconceivable that any of the btard by the t·esident district judge .. · right. mny be exercised, but ~~ clearly white race and with severely limited The children o£ both races, constitut litigants or other persons affected would On Oct. 17, 1956, defendants filed this indicate that the time or e:cercssmg such mean.<;, there was inequality in the di ing an entire generation of this county, willingly see the public school gystem lase. nghl may vary with con?ition.s. A real vision, but members of the Negro race are the persons to be affected by what abolished or an interruption in the edu tzation of the effect of this acllon. on the were not excluded ft·om sha1·ing, al ever action may be taken and it fol cation of the children of the county. Ia·: • In undertaking• to appronch n :;o- pas·L of the court is of supreme Impor though to a lc!':Ser extent. This was due lows that theirs is the real interest at Either result would be disastrous to lion to the troublesome problems in tance to an understanding of the cou~sc in part to an understandable, if erron stake, although closely connected with both public and private interests of the county. Yolved in this case which are presented to be pursued by the courts of first m- eous, feeling that those upon whom the that of their parents and guardians. greater tax burden fell should receive It is imperative that additional time , l7 the record and properly before rnl' :;lance ... the gt·cater benefit. During the second Should the public schools of the coun be allowed the defendants in this case, for detenninalion, including the motion • quarter of the present century the ty be closed for any reason, approxi who find themselves in a position of ~furth e r relief filed by the plaintiffs. In the absence of precedent, in undcr- mately three thousand cruldren, includ t<1king to follow the man~ate of the Su economy o£ the section most seriously helplessness unless the court considers IS to be borne in mind that the Su concerned has shown a marked im ing those of an age at which they are their situation from an equitable and ~~ Court has decided only ont- legnl preme Court, the distnct. .courts are peculiarly impressionable, will be re confronted with the neccss.tty of f.ol provement. Due to that improvement, reasonable viewpoint. frinClple which is concisely stutcd . · • corresponding advantages have resulted leased from attendance. An interrupted Considering all the factors, it is my II foUows: lo\\ ing an uncharted course m applymg education of one year or even six ''(:,._ tlw sole legal principle announ~ed in housing, education and knowledge on conclusion that decision of the motion d!en~egation of white and Negro chil- the part of both races. Marked improve months at that age places a serious for further relief filed by the plaintiffs in the first Brou:n case. One idea whtch handicap upon the cruld which the aver sn the public schools of a st the all-white university six years ago Meanwhile members of Congress in the House was a bill by Rep. E. L. Georgia and sought federal court relief when he were studying sections of President Forrester (D-Ga.) providing that no Kentucky (Continued From Page 9) was turned down. The state argued Eisenhower's slate of the union mes federal court, administrative or execu (Continued From Page 12) 11 Nixon the Negro leaders asked that he Ward was denied admission because rage dealing with federal aid to schools tive agency could have either original qualified Negro teachers lost their illl- D make a tour of the South "similar to he was unqualified and not because and civil rights legislation. The Presi or appellate jul'isd.iction in matters af as n result of desegregation. Sevenlat ~ll the one made in behall of Hungarian be is a Negro. Judge Hooper said that dent teiterated his call for a four-point fecting state school systems. were reported having left Kentudl: refugees." The group said: "We told him in view of this position, the most the civil rights program (shelved last year wilh 10 still in the state unemployed • .._ that through such a trip he could report court could say is that the Negro's re in the Senate after House passage) and working at non-teaching jobs. 1 to the President and the American peo jection is "tainted with lhe spirit of urged that high pl'iority be given to the The report quoted one principal ~ t ple the economic boycotts and reprisals, discrimination." When a universitv administration's program for reducing saying his two Negro teachers ~ lSe the bombings and violence directed spokesman declared that a qualified the shortage of classrooms. The smooth process of integration in highly competent and have no di.fllcu!- ~~;~ against the persons and homes of Ne NeJO"o applicant would be accepted by Alluding to last year's Powell (anti Washington Catholic schools was tics with pupils or parents." groes who assert their rights under the law school. the judge said. the issue segregation) amendment, the President praised recently by Father Albert S. the Constitution." became one of individual qualifications expressed hope that at this session fed Foley, S.J., of Spring Hill College, Mo and not racial discrimination as in most R. Carter Pittman of Dalton, presi eral school aid can be "enacted on its bile, Ala. such litigation. own merits, uncomplicated by provi dent of the States' Rights Council of The Jesuit sociologist, in a paper on 1 Georgia, Inc., said the Negro leaders sions dealing with the complex prob Praise instead of censure was ginl to meeting in Atlanta, called on Mayor lems of integration." desegregation in the nation's capital pa the teachers of Clay in a report by till. It William Hartsfield "and he delivered rochial school system, cited the quiet, National Education Association on Ja h On Jan. 28 the President sent a spe 11. according to plan." Pittman also Herman Talmadge, one of the South's behind-the-scenes efforts of Archbishop cial message to Congress calling for ap Last £all some stories erroneously rt- ,. ll charged in a telegram to the President leading pro-segregation spokesmen, Patrick A. O'Boyle of Washington that Communists were responsible for propriation of $325 million a year for pol'lcd thal some teachers at Clay b,j !:J took his seat as U.S. Senator !rom Geor four years for school construction aid. which he said made the transition pos bombing Negro churches and resi gia. Commenting on the President's deserted theil· classrooms during deset t ' dences in the South. Pittman asked co The states would provide matching sible. rcgation disorders. After Csllfarnil ~: State of the Union address, Sen. Tal funds after the first year according to operation of the FBI with state authori madge said that the creation of federal The priest noted that Catholic teachers by resolution had expressec i ties in halting such outbreaks. a formula which lakes into account school desegregation in Washington was ''l'easonablc <'oncern for the entift ,.'. agencies to reinforce civil rights "is a school-age population, relative financial 1 curtailment rather than a protection of "paralleled and accompanied by U1e lcnching profession" over the inciden~ • ability and total effort within the stales problem of the premature panic evac I he NEA's defense commission invesli· civil rights and a step toward totali to provide funds for public schools. tarian government." uation of parish neighborhoods by white ~ated. Its findings, summed up by Rich The 17 southern and border stales parishioners whose families formed the ard B. Kennan: Open criticism of the legal conduct of WILKINS SPEAKS would fare this way: backbone both of school and of parish "Rather than censure, the certified Horace Ward, Atlanta Negro seeking Roy Wilkins, NAACP executive sec State or life." teachers of Clay and particularly It Stale Federal Allotment Local entrance to the University of Georgia's retary, told a "Freedom Dinner" audi Per State Per Child Matching principal, Mrs. Irene Powell, desd"f school of law, and of Ward's attorneys ence in Atlanta 01at the organization Funds 'PANIC EVACUATIONS' the strong commendation o£ their cal· Alabama ...... $11,148,000 $13.48 $5,573.000 was voiced by U.S. District Judge Frank is growing stronger despite attacks by Father Foley said if the "panic evac leagues. They did not desert t.beir \~ A. Hooper of Atlanta. Arkansas 6.620.000 13.51 3.310.000 the southern states. "The opposition plan Delaware . . • . . . 381.000 4.95 762.000 uations" continue it could omount to a classrooms, but carried on patiently \ Judge Hooper, presiding at a hearing is to cripple the NAACP," he said. "If D.C. . . . • . • . • • • . 1.333.000 9.01 1.333.000 "re-scgregation of areas that have be and faithfully. to clarify points raised during the re they can keep us busy in court defend Florida . . . . • . . . 6.309.000 8.97 5,437.000 come desegregated in recent years." cent trial of Wa.rd v. Boa.rd of Regents ing ou1·sclvcs and keep us paying out Georgia ...... 1 I .926.000 12.63 5.962.000 Kentucky . . .. . 8.917.000 11.63 4,458,000 Father Foley said lhat there arc 186 of the University System of Georgia money in fees and fines, they hope to Louisiana • • • • 9,204,000 12.34 4.601.000 kill us." Wilkins added that the NAACP non-whites in 13 out of 16 schools in (SOUTHERN ScHOOL NEWS, December, Maryland . . . . . 4,496.000 7.86 5,809.000 the Catholic secondary school network 1956), said Ward should have informed was having "a rough time ... but we Mississippi . • • . 7,772.000 12.95 3.88S.OOO today. The priest added that in the the court in September that he had been are far from dead." He said that south Missouri . . . . . • . 5,88S,OOO 6.96 6.424,000 N. Carolina ... 14.615,000 13.01 7.306.000 summer of 1949, a committee of pal'ish accepted as a student by the North ern school bonds are bein~ snubbed by Oklahoma .. .. . 5.998,000 11.38 3.496,000 pastQrS and the director of archdiocesan western University law school in Chi financial houses and those that are be· S. Carolina . • . • 8.727.000 13 51 4,363.000 cago instead of waiting until the start of ing purchased arc at an all-time high Tennessee ..... 10.141.000 11 99 5.071 ,000 education decided to admit to the lower interest rate. Texns ...... 19.842.000 9.79 13.846.000 grades-kindergarten to third-any the trial in December to make the dis VIrginia ...... • 9,273.000 10 92 6.018.000 closure. The judge said the cou1·t made "bona fide Negro Catholic applicants West VIrginia 6,699.000 12.64 3,349,000 whose parents were 1·csidcnts of their every effort to bring the suit to an early As Congress convened, Rep. Adam respective parish." decision under the mistaken impression District of Columbia Clayton Powell (D-N.Y.), author of last "The Washington experience" Father that Ward wanted to enter the Georgia (Continued From Page 10) year's Powell amendment, said he was law school last fall. Judge Hooper said Foley said, ''has demonstrated' that the of the full committee, agreed with most "toying with the idea" of introducing vasl majo1·ily of students on both the Ward's attorneys dld everything they subcommittee membet·s that efforts to legislation to cut off any federal educa elementary and secondary level accept could to keep the action from coming restore segregation would be fruitless. tion funds from areas resisting Supreme tl1e change of policy and the admission to trial in September. However, he said, he hoped for some Court desegregation decisions. of Negro students without overt nega Ward first applied for admission to "palliative" measures. Among early legislation introduced tive reactions." TEHNEiSEE rTATE UBRA!tY AND ARCHI~(I State Library O~vlllea erin~ Louisiana Court Decisions Gerard A. Raull, special attorney for chose to assign a Negro to a ~ school, wouldn't he go lo jail und / the school board, said 01e 90 Negroes ·· t .. f th er who brought the suit should have taken cnmma prov1s1on o ano er Part l(eep Colleges Integrated their request first to 01e school board the act?" . and then to the state court. He said the Rault answered he "could not as.u.,. " " NEW ORLEANS, La. drafters of two 1956 legislative acts be plaintiffs made only a half-heal·ted ap what a superintendent might do '1\ F EDERAL COURT ORDERS opened the way lieved. I peal to the school board and then matter would have to r;o to the~ I for continued integration in state Then, on Jan. 28, Judge Christenberry "I think we can assume" J til ~ signed orders. requested on behalf or skipped the other appeal steps to take colleges by restraining them f1·om de the matter to federal court. Brown answered. "th:~t the ·~'4 V.J~ nying registration to "non-certified" Negro students, affecting SLC at Ham Robert L. Carter of the NAACP's New and arguments in this case eneom"' ~ Negroes. mond and SU at Lafayette. The same lhe total legal segregation scheme.!" I'~/ day Judge J. Skelly Wright granted a York office argued the other side. The orders affect Louisiana State Carter was also drawn from the 1;;. / . , University, Southwestern Louisiana In similar request applying to McNeese al The law docs not require "futile ap of argument in his written brief I • ~\ stitute, Southeastern Louisiana College Lake Charles. peal," he contended. "The school ~ard and McNeese College. The 1956 laws under fire are Act 15, was put on notice that these ch1ld1en judicial q~esli~nin!!.. Did he "tonrtz., \ t~ • Judge Wrrght s rulmg as LSU's president, Gen. Troy Middleton, which requires the certificate, signed would seek a change in their school prohibi~ .1 1 said the university would "abide by the by high school authorities, from all assignment. Instead of setting a date voluntary Segregation," he Wa, an~ I "j law." But any more specific statement state college registrants; and Act 249, for a hearing,'' Carter continued, "the "No,'' Carter said, ''hut every ~ I n~·l· waited on the decision reached by a which says that a school official can be school board hired legnl counsel. There person has the right to make his ~~ conference of the state attorney general fired for promoting racial integration. was no suggestion that if all adminis decision as to whether he wants to~ • , I and his staff with LSU attorneys. All The bill's authors made it clear that trative remedies were exhausted the segregated." lOll LSU law graduates were invited to sit signing a certificate for a Negro who matter would not wind up in federal A "fr·iend of the court'' brier Wll • in. decla1·ed his intention to register at a JUDGE fiERBERT CIIRISTENBERRY court anyway." before the panel. It was filed by lbi! OTHER SUITS READIED once all-white college would be a firing Enjoins Colleges Rau!L said the year-old order by Atty. Gen. J ack Gremillion. He ashe ,~-1 The attorney who represented LSU offense. Judge J. Skelly Wright should be set for dismissal of the suit on ~ 1'p graduate student Amease Ludley, a This barrier to integration was air federal order. Expected to attend were aside for other reasons as well: because grounds: _lack of federal jurisdictioQ ~ r~t: Negro, before Federal Judge Herbert tight, segregationists declared, and be several of Gremillion's st.afl who are as this was a case of the stale being sued a suit a~mnstthe state; the lower C01ut • -1 signed to segregation matters and LSU's Ch1·istenbcrry said similar suits were cause of iL racial mixing would end in without its pe1·mission; and because the "error" in basing a decision afT~ 1 ~ in preparation. Attorney A. P. Tur colleges, after six court-backed years, legal counsel. Invited were "all LSU plaintiffs sou):(ht an affirmative action Louisiana laws on evidence from Ka •• eaud Sr. said the court would be asked with the registration for the spring alumni, especially law school gradu by the school toard (revamping of its sas and Delaware cases; and bec:alllet '$ to keep Negro undergraduates in three semester. This was to be the first time ates." entire system) by pleading "an essen si n~le judJ!c instead of a thret-ju~ f. other state colleges, pending a full hear the certificates would be required of Another topic at the conference was tially negative amendment" of the U.S. court ruled on a question of eonsUbi. '"' to be a loophole discovered by fout· ing on two 1956 segregation laws. both old and new students. In the fall, Constitution, the Fourteenth. lionality. ~' A federal court took under advise 1956, semester only first-time registrants other Negro students. They are Louisi ment an appeal by the Orleans School were barred because they did not have anians who attended high school outside CJTES 'NEGATIVE Al\tENl>:UENT' -.:A.\CP LISTS 'MEMBERS ~ Board from a year-old integration ord certificates. the state. During the first days of spring Rault said that Judge Wright erred During the month the NAACP "- , er. (See "Legal Action.") Then, a 23-ycar-old Ruston Negro, term registration they filed their certifi in citing both U1e Fourteenth Amend one step toward reactivation-filing 6 " The attorney for New Orleans school Arnease Ludley, asked the District cates, signed as required, with LSU ment and the Brown 1•. Board of Edw·a membership roster in Balon Rouge.Bq ~ r:J authorities argued that the 1954 state Federal Court to restrain LSU officials registrar Albert L. Clary Jr. t·m• rulin ~ of thl' Suorcme Court ''The 1t did not take the second step, hoj.jq ,,; law involved was not a segregation from denying her registration because The Ludley petition, filed by attorney Bush suit tried to gel the school board orl'!nnized meetings. statute and that a judge erred in citing of her "inability, solely because of race," A. P. Tureaud, requested a full hearing to re-vamp its entire system by pulling "The SUite court's injunction or~ ~ ,,~ segregation decisions in other states. to secure a certificate. Her petition before a three-judge court on the state it on a compulso1·y integrated basis,'' 29, 1956. still stands as far as rm 006- t! claimed that "immediate and irreparable laws involved. The laws infringe upon Rault argued. "That would mean an af cemt-d,'' Ally. Gen. Gremillion said. & '''1$ damage" would follow if she were bar the equal protection guaranteed by the firmative action by the state, something admitted he was "confused. just liR ~ ~ : red from LSU. Miss Ludley is one se federal constitution, Tureaud said. not covered by the essentially negative everybodv else," by a stale IPJll' ~ mester away from a maste1·'s degree in RAINACH RAPS ORDER Fourteenth Amendment. court's ruling which reverted the sla l~ sociology. Stale Sen. William Rainach of Homer "The Brown case." he continued. "is nf the anti-NAACP suit CLoui.ri~11a :tt:'!l 1o1m r.. [. ,.,.,~ et nl) to March 28. ¢ Cl SCOPE OF ORDER saw "the whole sordid affair'' as "the no magic key which opens the golden The attempt to legislate Louisiana's price we are paying fo1· an era of judi path to desegregation. That case does day the NAACP filed for removal 1 ~ tax-supported colleges back to a segre Judge Christenberry signed the order not solve everything, ·md jurisp1·udence fcdcl'al court. ~:r• and applied it to "all others similarly cial lawlessness." Rainach is chairman gated status was headed for an early which tries to make it do so will have " If they make a move in federal co ~~ situated." Named in the suit were Mrs. of the legislative segregation comm.itlcc. February showdown. When the second a bad effect in the future." I'm ready with a motion for re semester begins in the four integrated Margaret Dixon and the other members Rault pointed out that the 1954 Su of the LSU board of supervLc;or·s. back to "state court," Gremillion · colleges, Negroes will head for the class preme Court desegregation ruling for The NAACP, however, sat on its I rooms of all four with federal court LSU President Troy Middleton said bids shte action requiring segregation the university would "abide by the law," hands during January, after it filed backing. The Orleans Parish (county) school of children in public schools, but does lists. Federal Judge Christenberry signed, and that his intention included abiding board's appeal of a February, 1956 de not require integration of races "which a few hours after it was presented to by state laws as long as they stood on segregation order was in the hands of this suit attempts to do." GROUPS flLE LISTS the books. a three-judge federal appeal panel after the court, an order restraining Louisi The section or Act 556 which is di Louisiana law requires private, a hearing in January. ana State University from barring Ne But before issuing a flat statement recUy challenged, Raull said, "is not a religious organizations to list groes solely because they do not have a that they would or would not readmit Judges Richard T. Rive~ of Birming segregation law. There is no mention membership with the secretary of Negro graduate students (LSU remains "moral eligibility" certificate now re ham, Elbert Tuttle of Atlanta and John of race. It merely spt'lls oul a power Letween Dec. 15 and 31. It is a quired by Louisiana law. segregated at the undergraduate level) R. Brown of Houston, of the U. S. Fifth which is inhe1·enUy a port of any school law, largely ignored until last ~ This court action took place in New LSU authorities huddled with private Circuit Court, took the Orleans plea administrator's job, assigning pupils.'' when it was dusted ofT and used on Orleans Jan. 11, at a time when about and elected attorneys. lin Buslt v. Orleans School Board) un non-filing NAACP. 200 integrated Negro collegians were State Atty. Gen. Jack Gremillion der advisement after hearing 45 min QUESTIONS F R0:\1 BE~C ll Putting aside its expressed feir taking final fall semester exams. This called a conference in Baton Rouge for utes' argument by each side. It was at lhis point that questions "rcpl'isal and discrimination" aga was to be their last activity in the for J an. 29. He said it was to analyze the Most of the time was given over to from the appeals judges drew Raull into members, the NAACP listed 475 m merly all-white colleges-or so the state's legal position in the light of the discussion of administrative remedies topics not covered by his written brief. bers from various state chapters.
Placement Acts Occupy Legislatures, Courts
