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UNITED STATES OF AMERICA st PROCEEDINGS AND DEBATES OF THE 9 I CONGRESS SECOND SESSION VOLUME 116-PART 29 NOVEMBER 24, 1970, TO DECEMBER 3, 1970 (PAGES 38593 TO 39928) UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1970 December 1, 1970 CONGRESSIONAL RECORD-SENATE 39285 Companies included in summary data for Federal Government is to spend $1.5 bu Then, as she guided the big yellow school 38 companies lion it should do so az part of a declared bus down the hllly streets of Berkeley, Calif., An~ericanPetrofina, Incorporated. national policy commitment to quality to pick up another load, Mrs. Louise Parker Apco Oil Corporation. integrated education, whether that be black, miniskirted and well-spoken-talked Ashland Oil & Refining. over her shoulder: achieved as a result of enforcement of "The kids? They do fine on the bus. They Atlantic Richfield Company (Includes Sin- the 14th amendment or voluntarily. I clair Oil Corporation) . play and have fun. It's just the adults that Cities Service Company. think this money should be used as an d0n't like it--I think it·s the idea of some Continental 011 Company. incentive to aid the establishment of thing new. But what we really should worry El Paso Natural Gas Company. integrated schools which provide quality about is whether our kids nre getttng better Freeport Sulphur Company. education throughout the country education," General American Oil Company of Texas. North, South, East, and West. Congress Four hundred miles to the south, Dr. General Crude Oil Company. should revise the administration's emer Joseph Engholm, 68, Iowa-b'Jrn dentist and a Getty 011 Company (excludes Skelly Oil gency desegregation bill so that school lifelong RepUblican-who narrowly survived Company which Is reported separately). districts ,vill be helped to establish and a recall election intended to remove him Gulf 011 Corporation. maintain quality integrated schools with from the Pasadena school board-told a "isi Hunt 011 Company, et al. tor: Kerr-McGee Corporation. in their districts and integrated educa "When I ran for the board In 1965, I d£fi Kewanee 011 Company. tional parks which can draw students nltely felt there were other ways of inte Marathon 011 Company. from a number of school districts within grating-that changing housing patterns was Mobll Oil Corporation. a metropolitan area. In this way, we can the way to do it, without additional busing. Monsanto Company. demonstrate to each community not only "I was wrong. Murphy 011 COrporation. that quality integrated education works, "We just haven't learned to live together, Pennzoll United, Inc. but that it can be the best means of and there's only one way we're going to Phl1lips Petroleum Company. learn-by starting our children out together QUintana Petroleum Corporation. achieving equal educational opportunity Shell 011 Company. for all our school children, be they white, In preschool and kindergarten." Signal Oil and Gas Company. black, Spanish speaking, Indian, advan·· In a tiny, overheated office at the Evanston, Skelly 011 Company. taged, or disadvantaged. Ill., Human Relations Commission, Ben Wil Southern Natural Gas Company. Mr. President, one of the most thought liams, its 34-year-old, Afro-wearing secretary, Standard 011 Company of California. spoke out: ful, thorough and comprehensive reports "Integration means nothing to me-I see Standard 011 Company (Indiana). on the efforts of Northern and Western Standard 011 Company (New Jersey). no model for it. Blacks want to talk about The Standard 011 Company (Ohio). school systems to achieve quality inte blackness, and integration implies a kind of Sun 011 Company. grated education was recently contained grayness. Sunray DX 011 Company. in the Minneapolis Tribune in a series ""Ve do!~'t talk about integration now-we The Superior 011 Company. of seven articles by Richard P. Kleeman. just talk about being educated. I don't care Tenneco, Inc. Mr. Kleeman visited 10 school systems who my kid sits next to In school-I just Texaco, Inc. in six States: Pasadena, Berkeley, and want to know, Is he getting the tools that Texas Eastern TransIilisslon Corporation.. Riverside, Calif.; South Holland and will allow him to ncgotiate his way in this Texas Pacific 011 Company, Inc. Evanston, Ill.; Ferndale and Pontiac, society?" Union Oil Company of Callfornia. These are some of the voices a reporter Mich.; Union Township, N.J.; Denver, hears as he crosses the country looking into Colo.; and Gary, Ind. These 10 commu the vexing problem of racial Imbalance and nities have not all yet succeeded in their isolation in schools outside the desegregating INTEGRATED EDUCATION-NORTH efforts to achieve quality integrated ed South. There is yet another kind of voice: AND WEST SCHOOL SYSTEMS ucation. But those that have, such as "I believe firmly that forced racial balance Mr. MONDALE. Mr. President, efforts Evanston, Berkeley, and Riverside, have Is Immoral, that it won't work and that it Is on the part of local school districts been successful because, as an editorial at heart a racist philosophy to assume that a throughout the country to establish qUal in the Minneapolis Tribune following Mr. black school must be bad becase it's black." ity integrated schools have produced Kleeman's series points out, "Leadership Henry Marcheschl, the self-made Indus many notable success stories. All too of is the key to progress." I would only add trialist who led the effort to unseat the pro. to that observation, by quoting from two integration majority on the Pasadena school ten, however, pUblicity is given to those board, went on: which are sometimes fueled with emo California citizens mentioned in Mr. "The real need-and the only answer-is tionalism and articulated through the Kleeman's articles: to address ourselves not to cultural defi use of code words like "busing" and Mrs. Louise Parker, a school bus driver ciencles but to cultural differences, to find an "neighborhood schools," rather than to in Berkeley: education that's relevant to them and capi the progress toward quality integrated The kids? They do fil1e on the bus. They talizes on them-and to get the minority education that has been made in many play and have fun. It's just the adults that more involved In educating their own chil areas. don't like it--I think it's the idea of scme dren." President Nixon has proposed that the thing new. But what we really should worry 'Thus a growing national dilemma becomes about is whether our kids are getting a bet a bit more sharply defined: Once we have Federal Government spend $1.5 billion ter education. done away with the South's separate-by-law over the next 2 years primarily to aid (de jure) black and white schools, how are school districts which are compelled un And Dr. Joseph Engholm, a member of we to deal with the separate-by-nelghbor der title VI of the Civil Rights Act of the Pasadena School Board: hood (de facto) clegregated schools of the 1964 or under court order to desegregate We just haven't learned to llve together, North and West? their school districts. I believe it is im and there's only one way we're going to It's a question haunting Seattle and Har portant to assist the desegregation proc learn-by starting our children out together risburg and Gary and, of course Minneapolis ess. I also believe, however, that if the In pre-school and kindergarten. and St. Paul. It seems to be one that stumps Mr. President, I ask unanimous consent New York and Chicago and Los Angeles and Washington, D.C. atlillated even though some or all the indi that a series of seven articles entitled vidual or corporate taxpayers in that group "Schools and Race: Dilemma Outside "Why do you call it de facto segregation? file separate federal Income tax returns. Some Dixie," pUblished in the Minneapolis What makes you think there is such a participants that are not generally referred thing?" a one-time Chicago federal prosecu Tribune from October 25 through 31, tor asked. to as integrated 011 companies reported in 1970, and an editorial entitled "The Fu formation only for their oil and gas opera SOME CLAIl\I ALL SEGREGATION IS DE JURE tions. ture for Integrate~Education," published in the Minneapolis Tribune of Novem True, a federal civil rights official in Wash 2 Participants were instructed to report ington-a holdover from the previous ad regular income tax ($710,34l,OOO deducted ber 3, 1970, be printed in the RECORD. from Items of tax preference) based upon There being no objection, the items ministration--calls de facto segregation "sheer myth-Wherever it exists It can be the 1968 U.S. tax for all foreign and domestic were ordered to be printed in the RECORD, operations, recalculated under Tax Reform as follows: traced to some oIDcial aetion at some time Act changes, including: Section 901 (e), the in the past," use of a 48% rate for ordinary income and SOME SCHOOLS MOVE, OTHERS DIG IN But his official boss, Secretary Elllot Rich a 30% rate for -Capital gaIns, without reduc (By Richard P. Kleeman) ardson of the Department of Health, Educa tion for Investment Tax Credit, without sur She waited until the last of the 30 young tion and Welfare (HEW), does not hold to charge, and without any net operating loss sters, most of them white, had been safely that view. Nor, more significantly, does Pres deduction. deposited on theIr home corners. ident Nixon. 39286 CONGRESSIONAL RECORD - SENATE December 1, 19rO In his landmark March 24 statement on In ordering the Pasadena school board to youngsters was in a 99 percent (or more) school desegregation, the President said: desegregate, just a few weeks before the black school. "In the case of genuine de facto segrega Pontiac decision, U.S. District JUdge Manuel From visits to view the success-or lack of tion (that is, where housing patterns pro Real skirted the labels "de jure" and "de it-of desegregation efforts outside the South, duce SUbstantially all-Negro or all-white facto." a few tentative conclusions emerge: schools and where this racial separation has "INTEGRATION PROVIDES EDUCATIONAL BENEFITS" Desegregation--and the ultimate further not been caused by deliberate official action, step of full 'racial ,integration-work best school authorities are not constitutionally He held, in a case prosecuted for the fed when a community moves on its own volition required to take any positive steps to correct eral government by Minneapolis attorney and least well when imposed on a divided or the imbalance." Charles Quaintance, that "racial integration p~ovides foot-dragging community. The President went on to say that school positive educational benefits" in preparing children to live in a multiracial \Vherever desegregation works, a few out officials "may, if they so choose, take steps society. standing individuals, black and white, led the beyond the constitutional minimums to di community initially, eventuallY extending minish racial separation." In the Southern California city. he de clared, devotion to a neighborhood-school their spirit to the schools and community at But Sen. Walter Mondale, D-Minn., chair policy· resulted in increasing racial imbai large. man of the Senate's Select Committee on ance and "the same is true of the policy Integration is ccstly, and not merely be Eqllal Educational Opportunity, bitterly cause of the busing that often accompanies against crosstown busing. U summed up the 10,000 word presidential Judge Real ordered all Pasadena schools to it. 1\1any creative and innovative approaches statement in five words: "Do as little as pos desegregate by September 1970 so that there and devices are being used to successfully in sible." Mondale later conducted hearings in would be none "with a majority of any mi tegrate schools. In other integrated schools, tended to discredit the administration posi nority students." blacks, whites and browns merely pass tion and to support the concept of "quality Some hint of how bitterly these decisions through the same portals. integrated education" for both North and were received in the affected communities I3maller cities with smaller Ininority popu South. can be seen from the fact that South Hol lations have an easier time desegregating. In visits to 10 small and medium-sized land tried unsuccessfully to have Judge Some cities With vast concentrations of school systems in a half-dozen states, sOme Hoffman's ruling overturned, in part because blacks, .such as Washington, probably can were found to be deeply involved and using of the Judge'S allegedly biased conduct of never desegregate successfully, at least not many creative devices to diminish racial sep the trial. without involving the white suburbs. There aration. Others are refusing to move until A Whispering campaign in Pontiac has has, however, been some success with divid forced to do so. kept alive stories of the long association of ing medium-sized cities into attendance sub Some schools have desegregated of their Judge Keith, who is black, with the National zones which can be successfully desegregated. own volition and/or at least as a result of Association for the Advancement of Colored Blacks have little difficUlty in sensing when internal pressures-but some have acted un People (NAACP), although the judge him a school desegregation effort is half-hearted, der compulsion from the federal government self openly called attention to this in open and black volces are speaking out not only or the courts. ing the trial. In Pasadena, some of Judge for full equality of education but also for For, despite Mr. Nixon's attempt to dismiss Real's critics spread the word that his own full participation in the decisions that shape them with a phrase ("Whatever a few lower children attend parochial schools. it. courts might have held to the contrary ..."), Most recently, in a noncourt ruling that a sizable number of courts and federal ex may wind up in federal court, an HEW ex DID INTEORATION ZEAL COST A Jon? aminers are not ready to accept the Presi aminer decided that Ferndale, Mich., must (By Richard P. Kleeman) dent's espousal of the neighborhood school. forfeit its federal school aid because 44 years EVANSTON, ILL.-GregoryGollln isn't here or his antagonism to "compulsory busing of ago the school board established a neighbor any more, but you don't talk long about pupils beyond normal geographic school hood school in all-black Royal Oak town Evanston's school integration without hear zones." ship. ing his name. JUDGES MAINTAIN PRESSURE FOR INTEGRATION Since 1926 the board has kept the school From 1966 until last spring, Coffin was the One of the earliest and most-cited of these all-black and its faculty largely so. This superintendent who carried out-although rulings was handed down in 1968 by U.S. Dis constitutes de jure segregation in Violation he didn't devise-Evanston's thoroughgoing trict Judge Julius J. Hoffman, whose con of the 1964 Civil Rights Act, according to school desegregation. duct of the Chicago Seven trial aroused such examiner Horace Robbins. The computer-designed plan had been high emotions among some. Last month Robbins charged the Fern adopted by the school qaard, just before JUdge Hoffman rejected the claim of the dale board with following the "separate but Coffin arrived, at the urgent recommendation South Holland suburban school district, equal" doctrine outlawed by the Supreme of a biracial citizens' advisory committee. southwest of Chicago, that its all-black Court in Its landmark 1954 school desegrega For all its reputation as a university town schools resulted from de facto housing segre tion decision. He found "a certain irony" in and wealthy conservative community of gation, declaring: the fact that a neighborhood school was' so church and institutional headquarters, this steadfastly maintained that it became over North Shore Chicago suburb has a surpris- "An 'ostensibly neutral' school-attendance ingly miXed popUlation. , zone policy which may be educationally jus crowded while nearby schools had room to spare. It includes a concentrated black commu tifiable in circumstances of some school dis nity that forms •about 12 percent of the tricts is impermissible where It represents SUPREME COURT MUST SETTLE BASIC ISSUES school district population of 95,OOO-but, it a policy by school authorities of bUilding If these rulings-and others taking dif provides nearly one-quarter of its grade the effects of residential segregation into ferent positions-indicate anything, It Is a school pupils. (Under Illinois' scheme of the school system." need for ultimate resolution by the Supreme overlapping school districts, the system Cof JUdge Hoffman's decision was upheld by Court of basic questiOns like these: Does a fin headed governs only Evanston' and Sko the 7th U.S. Circult Court of Appeals and chUd have a constitutional right to attend kie schools from kindergarten through eighth has not been acted upon by the U.S. Supreme a neighborhood school? Must there be racial grade.) Court. balance in every school-or can some be ali But Coffin was fired. First he was given Federal Judge Damon Keith of Detroit, black or all-white if they reflect their neigh a year's notice, by 4-to-3 school board vote, Mich., also turned a deaf ear to the claim of borhoods? Is crosstown busing legitimate if that his contract would not be renewed. the Pontiac, Mich., school board that its seg designed solely to achieve racial balance? Then, after a bitterly ,contested school regation was de facto and therefore the There Is hope that at least some of these board election in Which three Coffin oppo board had no constitutional duty "to undo questions will be resolved by the Supreme nents won in'a record voter turnout, the su that which it has not caused." Court, which heard three days of arguments perintendent-brother of Yale's outspoken By its location of new schools, its drawing earlier this month on six major cases.Al antiwar chaplain, William Sloane Coffin, Jr. of school attendance boundaries and its as though they arose in the South, the cases departed last June. signment of teachers, the Pontiac board raise national questions as basic as those The questions that nagged this visitor to despite its longstanding declaration of sup ruled upon in the court's original decision this aristocratic-looking town of tree-lined rport for radal integration-"assured the of 1954. streets are: Was Coffin's discharge due to his progression" of segregated residential pat Meanwhile, however, some school districts aggressive pursuit of integration-and has terns instead of "taking affirmative steps to have not waited to desegregate, because the the program suffered since he left? counteract" them, JUdge Keith held in Feb courts or their community consciences would The first question elicits contradictory ruary. not allow them to wait. answers. "The Pontiac board cannot use the neigh In the latest available figures, now two But, after talking with Joe Hill, the sure borhood school concept as a disgUise for the years old, HEW reported that, of 8.7 million footed black who is Coffin's interim replace furtherance or perpetuation of racial dis minority students in U.S. elementary and sec ment and doesn't want the job permanently crimination when they participated in the ondary schools, 4.4 million were in 32 North ("I know when I'm well off"), and after segregated pOliCY," the judge ruled in order ern and Western states. More than half of viewing some creative programs Coffin left ing Pontiac to end what he termed de jure these-61 percent-went to schools that in behind, the visitor must conclude that segregation. His decision is before the 6th 1968-69 were 50 percent or more minority, Evanston's integration effort has not U.S. Circuit Court of Appeals. and one of every five non-Southern minority slowed-at least, not yet. Dece1nbe1' 1, 1970 CONGRESSIONAL RECORD -SENATE 39287 It appears, furthermore, that a militant day boycott of schools and white businesses covers 13 years of teaching plus fonr as a black community, with a seemingly welcome after the April school board election. From principal, Miss Schumacher finds parents assist; from white liberals, will not tolerate Ron Scot Lee, 27, an active black caucus asking to have. their youngsters retained in a slowdown Wlthout protest. member who directs the local antipoverty the school an extra year. (Evanston young (Even under the bUdget cuts he has to agency, came the prediction of another at sters attend elementary school through make this year, Hill points out, Evanston tempt to alter the school board at next year's fifth grade and middle school for grades 6 offers many extras other schools don't have- elections. through 8, but since the school is ullgraded. and will spend a. generous $1,200 per pupil "If that doesn't succeed," Lea said, "we'll there Is no stigma of "repeating" a grade.) this year.) become more milltant as a community-and At another school, College Hill in Skokie, From Boston, Mass., where he now heads start asking for fundamental changes." Principal Edward Pate seems to be succeed a department at Northeastern University PLAN IS SIMPLE, BUT COMPLEX TO RUN Ing in getting a white community to accept and is writing a book on race and educa a black principal and a school where 100 tion, Ooffin contends that his firing was or As Supt. Joe Hill tells it, Evanston's deseg black children are bused in to join 220 dained by a "high-handed" school board regationplan Is simple to describe but com whites. turned increasingly conservative In two plex to run. Pate, too, has worked with his largely elections. In a school district of about nine square white staff to devise an ungraded, "continu "In integration, we were going too fast for Iniles--wlth Lake Michigan its eastern ous progress" curriculum aimed at tallorlng the' controlling interests in town. They boundary-blacks are concentrated in the each youngster's schooling to his individual wanted to hold back the clock, but if you central city by iongstanding "gentleman's needs. maintain the status quo In that kind of sit agreement" housing restrictions. One double-sized room at College Hlll Is uation. you go backward," Coffin said. Around the edges of the black residential called the "Center for Individualized In His personal "abraslvene-ss" initially was district. school attendance zones were re struction." Under an experienced teacher, it used to expbln his discharge. A housewife drawn to jut into the central area. Black Is there to help teachers and youngsters among his fOllowers conceded that "he just youngsters, where possible, walk out to inte singly or by classes-by providing books, tore his community apart-there are stlll grated schools. films, records or games to meet a partiCUlar neighbors who don't speak." With children from the periphery of the school problem or interest. But Coffin calls the abrasiveness charge black district thus accommodated, those Pate, 34, who graduated from an all-black "just campaign rhetoric," and the current from the central biack community are bused college in his native North Carolina and has school board chairman, attorney Franklin C. out to five of the least-crowded schools a. University of Chicago master's degree, uses Gagen, said the catch-phrase masked "a around the edges of Evanston and Skokie, a the lunchroom, the school bus and the after funuamental lack of trust and mutual re largely white community also in the school school actiVity program to bring black and spect between the board and administra district. white puplls together casually. tion." "We bused a lot of kids," Coffin acknowl Like Miss Schumacher, and others In Gagen cited a 57-page report by the board edged: The result is a black enrollment of Evanston's Interracial school administration, majority, accusing Coffin of failure to keep 15 to 35 percent at each of Evanston's 21 he reported Virtually no racial Incidents at the board informed, making last-minute schools. school. His major loss to thievery last year, recommendations, "untrustworthiness," fi One formerly all-black school, left vacant nancial mismr.nagement and f'ailure to im he said, was a. couple of chess boards. prove educational quality. by the busing plan, became an experimental laboratory school that last year was re UNIVERSITY AmED Two CITIES' INTEGRAT'ON REPORTS DIfi'ER ON INTEGRATION PROGRESS named after the late Rev. Dr. Martin Luther (By Richard P. Kleeman) "His departure has not had one bit of ad King Jr. BERKELEY, CALIF.-It'S more than coinci verse effect on our school district's commit "I think we've had almost no broken win dental that at Berkeley and Riverside, two ment to the integration program," Gagen dows since our name was changed," reports cities where publlC schools have been Inte said. The bOdrd majority pledged "allout Corinne Schumacher, the attractive young war" aga.lnst segregation in its report on grated successfully without outside pressure, white principal who heads this unusual there are University of Callfornla campuses. Coffin. school. But the dean of the Northwestern Univer The schools derive "both pleasures and Parents all over Evanston ,,-pply to enter pains" from the university'S thoroughly sity School of Education, Dr. B. J, Chandler, their children in Miss Schumacher's lab termed the board majority apology for firing politicized main campus. reports Supt. school and, except for blacks who walk In Richard L. Foster, 52. A Reading, Minn., na Coffin "a. nit-picking, 1ll0glcal, partly after from the immediate neighborhood and for the-fact, propagandistic, self-righteous, self tive and Macalester College graduate, Foster anyone who can't afford it, they pay $50 a has headed Berkeley's public schools since serving diatribe." year for the extra transportation. Ben Williams, black secretary of Evans March 1969. What they get is an enormously Innova "Any university controversy hits our ton's human relations commission, saw Cof tive, ungraded school, with blacks making fin as "brought here to do a job--4l.t a time schools Within 30 seconds," he said, but the up 30 percent of its 630-pupll enrollment, occasional "pain" is more than offset by the When blacks were interested In integration. more than one-quarter of Its 29 teachers and "He had the good sense to see that it was "pleasure" of freely drawing on university not just monng bodies, but that it had to all five of its teacher-helpers. faculty, students and facUities for support of involve the curriCUlum, teachers, the ad "At the beginning we were a handmaiden the full-scale Integration program Berkeley minlstratlon-everythlng," Williams said. of desegregation," Miss Schumacher tells the began two years ago. Although, after initial racial friction, the visitor, "but by now I hope we've come into "Actually, we're delighted the university choice of Coffin's successor now is in the our own as a lab school. is here-it's a great asset and its enlighten hands of two consuItants--