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'Little Rock' Bills Urged Before 5 Legislatures

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'Little Rock' Bills Urged Before 5 Legislatures Factual EWS Objective NASHVILLE, TENNESSEE $2 PER YEAR FEBRUARY, 1958 'Little Rock' Bills Urged Before 5 Legislatures L EGISLATURES IN FIVE STATES-ONE OF THEM a border state-have before them bills or proposals for so­ called "Little Rock" legislation, or measures designed for automatic school-closing if federal troops are used in an attempt to enforce desegregation. Georgia saw its first suit filed for school entry since the 1954 U.S. Supreme Court decision against segre­ gation. while Oklahoma reported the first new planned desegregation of a school district since November. A legislative committee in Delaware approved a "Little Rock" bill and two committees in the Mississippi legislature had a similar measure before them. Georgia's Gov. Marvin Griffin, South Carolina's Gov. George Bell Timmerman Jr. and Virginia's Gov. J. Lindsay Almond also recommended bills to close public schools should federal troops be sent to patrol school grounds in support of court orders. Florida and Texas presently have such legislation in force. Also for the first time, Negro students --------------- ---------------­ sought admission to the University of struck down so-called "NAACP laws" schools in Atlanta. The legislature had South Carolina at Columbia. while the state supreme court upheld at least eight new pro-segregation In New York, Atlanta and elsewhere, legislative right of investigation of measures before it, including three spokesmen for the National Association NAACP membershjp l"Olls. dealing with schools. for the Advancement of Colored People A summary of major developments called for continued efforts to bring state-by-state during January follows: Kentucky about school desegregation (see state Adair County, first district to dese~­ reports and "National Affairs" section of Alabama regate under court order, reported its District of Columbia report), but in A large field of candidates, all pledged schools "pretty quiet" and that after two Virginia it was indicated that no efforts to maintain segregation, entered the years "people just don't talk about it would be pressed to desegregate under race for the Democratic nomination for any more." existing court orders during the current governor. In answering a school entry suit, the first of its kind in Alabama, Louisiana school year. A growing number of school board COURT ACTION DElGHTENED Birmingham's board of education con­ tended that petitioners were premature officials were reported opposed to Court activity was stepped-up in sev­ pr,..;<>cted leeislation which would close eral areas, with these developments: in going to federal court and should have awaited administrative action. public schools rather than permit them e In Florida, Negro publicist Vrrgil to be desegregated. Hawkins renewed his nearly decade­ Arkansas long effort to gain admission to the Uni­ Little Rock's Central High School, Maryland versity of Florida law school. scene of bombing threats and incidents A study of desegregation in Baltimore e In North Carolina, the state su­ involving students, still claimed the showed that in the fourth year of the preme cou1-t ruled Greensboro had act­ spotllght. Elsewhere in Arkansas seven prol!l'am enrollment of Negroes in for­ ed legally (this was a test of the state's integrated school districts reported all merly all-white schools had increased pupil placement law) in enrolling Negro was quiet. 50 per cent over the previous year but children in all-white schools. Delaware that more than 80 per cent continued e In Virginia, a special federal court to attend all-Negro schools. CnJ Alley ln the Memplll.t Commercial AJ>peal The education committee of Dela­ ware's lower House reported favorably Mississippi a bill to close any public school where federal troops were called "to prevent A bill closing schools if federal of 145 Laws Ruled Unconstitutional violence or alleged acts of violence." troops are used to enforce integration was pending in two legislative commit­ TllE 145 SCHOOL segregation laws from judicial remedies, be exhausted Court of Appeals has been asked to rule District of Columbia tees. Another bond issue to finance a added to the statute books in 11 and that relief be sought on an indi­ specifically on which portions of the act, Reading readiness ~showed almost second $27 million expenditure for during the past four years, nine­ vidual rather than a class basis. Finally, if any, are unconstitutional. 50 per cent of elementary children in equalization of school facilities was uding two pupil placement acts and in 1956 when a district court refused a Besides the placement acts, the fol­ "low normal" or "poor risk" categories authorized. though the majority are average or recently three of Virginia's six judgment without regard to the place­ lowing pieces of pro-segregation legis­ Missouri ·-NAACP laws-have been declared ments act's provisions, the plaintiffs lation have been held invalid by fed­ above in intelligence. St. Louis schools, reporting on the nstituUonal in court t.ests. sought a circuit court mandamus (in eral courts in the designated cases: Florida influx of new students in Negro areas One law-a pupil assignment statute Carson v. Warlick) to require this pro­ A Negro publicist who has been try­ noted that more than one-third of them North Carolina-has been approved cedure of the district court. It was in POLICE POWERS ing for nine years to enter the Univer­ had come from Mississippi. eft'ect this connection that the circuit court sity of Florida law school filed a new 1) The Louisiana Police Powers North Carolina \ccording to a survey by SouTHERN ruled the North Carolina act "not un­ amendment to the state constitution, action in federal court but was unable constitutional on its face." The U.S. to get an injunction for immediate ad­ Lurnbee Indians of Robeson County NEWs, six other state laws, in- adopted in 1954, which provided "in the routed a Klu Klux Klan rally after . g placement acts in Alabama and Supreme Court refused to review this exercise of the police powers of the mission. decision. Georgia Klansmen had burned crosses before «ida, have been attacked in court slate of Louisiana . all public ele­ Indian homes. The state supreme court . But decisions in these cases Conversely, and previously, a federal mentary and secondary schools in the Ten Negro parents filed suit on behalf of 28 children to gain cnl'ry to all-white ruled that the Greensboro school board have not been 1·endered yet or distl'ict court bad held Louisiana's state of Louisiana shall be operated acted legally in assigning six Negro been inconclusive. placement act "unconstitutional on its separately for white and colored chil­ children to all-white schools last fall. lD all, about 150 court actions in- face," (Bush v. Orleans Pamh School dren.... " (Bush v. Orleans Parish .e :lng school segregation and related Board) and subsequently a district School Board.) Oklahoma have been handled by state and court in Virginia made a similar ruling 2) Louisiana Act 15 of 1956 providing One new district-Bristow in Creek courts since 1954. ln many of on the assignment act in that state that "no person shall be registered at County-announced plans for 1958-59 school segregation provisions on (Newport News and Norfolk cases). In or admitted to any publicly financed secondary school de~ation under books before 1954 were held, gcn­ both instances, the courts looked be­ institution oi higher learning of this the stress of financial difficulties inci­ y,ln conflict with the constitutional yond the assignment act itself and saw state unless he or she shall have first dent to operating separate schools. 'pies enunciated by the U.S. Su­ other legislation which showed the in­ filed with said institution a certificate South Carolina e Court in the Brown decisions of tent of the placement laws was to pre­ addressed to the particular institution An undisclosed number of NCf(ro col­ '.4 and 1955. serve segregation contrary to the prin­ sought to be entered attesting to his or lege students sought-and were denied ciples announced in the Brown case. her eligibility and good moral charac­ -admissjon to the all-white Universitv -'TE COURTS, TOO Again in both instances the Supreme ter. This certificate must be signed by of South Carolina in a move linked to In some cases state, as well as federal, Court refused to review. the superintendent of education of the state withdrawal of approval of teacher­ .arts held school segregation legisla­ parish, county or municipality wherein training at a Negro college. Legislation !GQ enacted prior to 1954 to be invalid, COMPANION ACTS EYED said applicant graduated Irom high was recommended for school closing in in McKinney v. Blankenship involv­ In Louisiana, the companion legisla­ school, and by the principal of the high the event federal troops are ordered in­ scl!ools at Big Spring, Texas. And tion t·onsidered by the distdct court in school from which he graduated." McKnight Harwell to a school situation. (Ludli!'IJ v. Board of Supervisors of 1 other instances, such as Aaron v. so 1·uling was the Police Powers amend­ Tennessee ! ~ 'I ~in Little Rock, no ruling on the ment to the state constitution listed LSU.) Two SERS Direclot·s Two of the state's four largest cities, . ~ otitulionality of school segregation below. In Virginia it was an appropria­ 3) Louisiana Act 249 of 1956 provid­ Nashville and Knoxville, face show­ 111as required when the defendants tions ac-t which defined the term "effi­ ing for removal of any teacher "advo­ Attend NATO Session downs during 1958 on desegregation and ~ed their invalidity. cient system oi education" used in the cating or in any manner performing collei!P admission is an issue in a third "-' illustrated in the table on page 2, nssignmcnl law as meaning "separate." any act towa1·d bringing about inte­ Two directors of Southern Education city, Memphis.
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