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Virginia SOUTHERN SCHOOL NEWS —Sept. 3, 1954 —PAGE 13 RICHMOND, Va. HE Supreme Court’s anti-segrega tion decision of May 17 found the State of Virginia without any official plans for meeting the problems the decision necessarily creates. Gov. Thomas B. Stanley and the General Assembly both had taken the position that any action prior to the court’s ruling would be premature. At the local county and city level, there was little that school and gov ernmental officials could do except look to the state for leadership. Broad public school policies are set by the State Board of Education, whose members are appointed by the governor. He also appoints the state superintendent of public instruction. Each city and county (127 in all) constitutes a school division, headed by a division superintendent. This of ficial is appointed by the local school board from a list approved by the State Department of Education. Except in one county where they are elected by popular vote, mem bers of local school boards are ap pointed to their positions. Generally, boards in cities are appointed by the city councils, while those in the counties are appointed by school elec toral boards. Members of these elec toral boards are selected by the cir cuit judges, and their only function is to name the division superinten dents. In 1950 Virginia spent $100,200,000 on schools, or 2.8 per cent of its total income of $3,551,000,000. Per capita income in Virginia that year was $1,147. Virginia’s 140,438 Negro public school children represented 25.2 per cent of the total enrollment of 416,364 in 1952. Compared with 1940, the 1952 figures showed a 13.1 per cent in crease in white students and an 11.7 per cent increase in Negro pupils. Expenditures per pupil in metro politan districts of the state rose from $64.80 in 1940 to $184.77 in 1952, and in rural districts from $35.70 in 1940 to $109.54 in 1952. Two hours after the Supreme Court announced its decision on May 17, Gov. Stanley issued a statement in which he expressed confidence that the people of Virginia would receive NEW ORLEANS, La. J^OUISIANA, a Deep South state, has not accepted the Supreme Court’s ruling that segregation in the public schools is unconstitutional. Prior to the court’s opinion of May 17, there was a general feeling that nothing would be changed. That feel ing continues. The issue has not come up in any political campaign. Indeed, it would seem that the Supreme Court opinion never really happened. In 1950-51, the city of New Orleans began an extensive school building program with a two-fold purpose—to provide schools in new population centers, and to replace obsolete build- bigs in older sections. The question of possible integration was not a factor in the building pro gram, nor was there any statewide plan at that time either to retain segregation, or to circumvent the Su preme Court’s ultimate ruling. Louisiana is proud of its public school system. The recent session of the legislature set aside roughly one- balf ($300,000,000) of the state’s biennial budget for education. In 1950, although Louisiana ranked 41st in per capita income, it was third ln Percentage of income spent on Public schools. LOCAL AUTHORITY The state’s school system is virtual- y autonomous .at the local level, owever, the State Department of ducation holds two strong strings— eacher certification and financing. To be a member of a public school acuity, a teacher must first fill quali- nf Ca ^.? ns set forth b y the State Board Education, an elective body, and administered by the State Depart ment of Education. Almost one-half of the expense of the ruling “calmly” and would “take time to carefully and dispassionately consider the situation before coming to conclusions on steps which should be taken.” He continued: It had been hoped the provisions of our State Constitution and previous decisions of the court would be upheld, but the court has come to a different conclusion. ... I contemplate no precipitate action, but I shall call together as quickly as practicable representatives of both state and local governments to consider the matter and work toward a plan which will be acceptable to our citizens and in keeping with the edict of the court. Views of leaders of both races will be invited in the course of these studies. On the following day, May 18, the governor issued a further statement which said, in part: Now that it appears assured the deci sion of the Supreme Court will not affect the public schools during the term open ing next fall, we shall have time to give full and careful consideration to means of arriving at an acceptable solution. OTHER REACTION The first public reaction to the de cision from Dowell J. Howard, Vir ginia’s Superintendent of Public In struction, was a statement in which he said: “There will be no defiance of the Supreme Court decision as far as I am concerned. We are trying to teach school children the law of the land and we will abide by it.” Atty. Gen. J. Lindsay Almond told reporters that he felt “a satisfactory solution may be reached which would not necessarily mean the abandon ment of separate but equal schools.” Gov. Stanley and four Negro lead ers—including Oliver W. Hill, head of the Virginia legal staff of the Na tional Association for the Advance ment of Colored People—conferred on May 24. The Negro leaders said later they had asked Virginia to as sume leadership among the Southern states in moving toward integration and had urged the Governor to do nothing to jeopardize the jobs of Negro teachers. Meanwhile, Gov. Stanley had in vited the governors of all other Southern states to meet here on June 10. On May 27 the State Board of Edu cation advised city and county school operating the public schools is borne by the state, through a per educable child fund, an equalization fund, and a teachers pay fund. At present, the sum of $48 is paid to each local school board for each child of educable age (7 to 17) within the board’s area. This figure is ar rived at by dividing the number of educable age children as of each Jan. 1 into the amount appropriated by the legislature for the fund. The equalization fund is allocated on the basis of actual need as shown by a comparison of school income from all sources in a given parish with school needs. Equalization funds are not earmarked for any particular ex penditure, but may be used to cover any expenses of the parish board. The size of the equalization fund is fixed by the state constitution, which requires that one-fourth of the total state public school fund go into the equalization fund. The other three- fourths goes to the per educable child fund. The state also contributes to teach er salaries. In the past, the formula was based on a comparison of mini mum pay (as established by state law in 1948) with the amount being paid by individual school boards in the 1947-48 year. Each parish was treated individually, with the state making up the difference between what the parish was paying and what the law set as a minimum. A new formula is currently being devised. It will cover all school board employees, whereas the old law covered only teachers. Local boards retain full control over hiring of teachers, the placing of school buildings, and the size and cur riculum of schools. In 1948, Louisiana had 276,662 white sdhool children and 169,048 Negro boards to continue segregation dur ing the school year beginning in Sep tember. The board quoted an opinion from Atty. Gen. Almond, which said, in part: Pending a final adjudication, it is my opinion that Section 140 of the Constitu tion of Virginia and the statutes of Vir ginia enacted pursuant thereto, remain intact and unimpaired, imbued with full legal vitality and efficacy. Section 140 of the State Constitution says: “White and colored children shall not be taught in the same school.” The state law to which Mr. Almond referred says: “White and colored persons shall not be taught in the same school, but shall be taught in separate schools, under the same gen eral regulations as to management, usefulness and efficiency.” The attorney general’s opinion led Dr. J. M. Tinsley, of Richmond, presi dent of the Virginia Conference, NAACP, to remark that “if we left it to the attorney general, it would be 1965 or after” before integration were accomplished. RESOLUTION ADOPTED On June 19 about 20 members of the state legislature from Southside Virginia, where the proportion of Negroes in the population is large, met to discuss the court’s ruling, and adopted a resolution which said, in part: We desire to have recorded our unal terable opposition to the principle of in tegration of the races in the schools and that we hereby pledge to the people of our district and to all the citizens of Vir ginia our determined purpose to evolve some legal method whereby political sub divisions of the state may continue to maintain separate facilities for white and Negro students in schools. On June 11 Atty. Gen. Almond de clared: “I’m satisfied of this—Negro teachers are not going to be engaged in Virginia to teach white children. No child of any race is going to be compelled to attend a mixed school.” On June 25 Gov. Stanley issued a statement saying that “careful thought” should be given to the re peal of Section 129 of the state con stitution which requires the General Assembly to maintain a system of public free schools throughout the State. Said the Governor: While this provision has been in the constitution a long time, it is apparent to me that the matter now belongs more school children. Negroes numbered 37.9 per cent of the total school child population. This was a nine per cent increase in the number of white children since 1940, and a 17.1 per cent increase in number of Negro children. There is no breakdown showing expenditure of funds for white and Negro schools, since both are handled from the same general funds, both on a statewide and local basis. Louisiana was one of the few south ern states that had its legislature in session at the time of the Supreme Court ruling. All was quiet for three days, and then a resolution was introduced in the 100-man House of Representa tives censuring the Supreme Court for what was described as a “usurp ing of power.” It passed the House with only three dissenting votes, and was given ap proval by the 39-man Senate with only one “nay” ballot. THREE KEY BILLS Some 30 days later, three bills were introduced and later passed. One of them provides that all pub lic elementary and secondary schools shall be operated separately for white and Negro children and that “this provision is made in the exercise of the state police power to promote and protect public health, morals, better education and the peace and good order of the state, and not because of race.” The second provides that the State Board of Education shall not approve any public schools which violate the segregation provision. This bill also prohibits the granting of free school books or other school supplies, or state funds for the operation of school lunch programs to any school violat ing the segregation provision. The third gives to local superin tendents of public schools the power to designate within each parish the particular public school each pupil should attend, and that no school properly in the hands of the Assembly. It Is not my thought to do anything to de stroy the public school system, but rather to enable the legislature to deal with all phases of the complex problem now con fronting us. The Assembly can reach the proper solution only if it has full rein and can act in accordance with its best judg ment on the over-all situation, rather than on a piece-meal basis. . . . It is apparent from the volume of com munications I have received that the overwhelming majority of the people of Virginia favor separate schools, that they believe the maintenance of such a system to be in the best interest of both races, and that they expect their state govern ment to do everything proper and reason able to preserve this system. . . . I am convinced separate schools are in the best interest of all the people of the commonwealth. In order that my position may be clearly understood, I should like to state further that I shall use every legal means at my command to continue segre gated schools in Virginia. By mid-August, the governing bodies of approximately 15 of Vir ginia’s 98 counties had adopted reso lutions urging the retention of segre gation in the schools. On Aug. 28, Gov. Stanley named a 32-man bipartisan legislative com mission to study the problems raised by the court’s ruling and to prepare a report and recommendations to him and the General Assembly. He asked the all-legislator group to meet with him in Richmond Sept. 13 to organize and begin its work. EARLIER PLAN ABANDONED This action confirmed indications that he had abandoned original plans to appoint a citizens commission, in cluding some Negro representatives. In a prepared statement, Stanley ex plained that after “further thought and many discussions with citizens, school officials and legislators,” he had concluded that “a legislative commission will be the best” for the job. This is so, he said, “primarily be cause any program relating to the public school system must be con sidered and acted upon first by the General Assembly.” He added: “The more first-hand information mem bers of the Legislature can obtain, the better equipped they will be to deal with the problem.” The complete roster of the commis sion includes: From the Senate: Sens. Robert F. Baldwin Jr., Norfolk; Robert Y. But ton, Culpeper; Curry Carter, Au gusta; W. C. Caudill, Giles; Charles R. Fenwick, Arlington; Earl A. Fitz patrick, Roanoke; Mills E. Godwin child “shall be entitled to be enrolled to enter into a public school until he has been assigned thereto by the su perintendent.” However, a system of administrative appeal from the su perintendent’s assignment is pro vided. These bills, as finally passed, were watered down from the original ver sions introduced after discussions led by Gov. Robert Kennon. The Catholic Church, too, was in fluential in attempting to soften the bills. For instance, one section of one bill provided that attorneys who handled cases protesting the new laws would be automatically con sidered for disbarment. That section was amended out of the bill. Primarily through pressure from the Catholic Church, the so-called “segregation bills” were amended to apply only to public schools. PAROCHIAL PLAN DROPPED However, the Catholic Church has not been able to go through with its plans to integrate parochial schools, despite the fact that Louisiana is heavily Catholic. Archbishop Joseph Rummel at one time announced that he was consider ing a plan for the integration of Cath olic schools. Public reaction was so great, even from prominent Catholic lay leaders, that the Archbishop later announced that the Catholic Church will make no move toward integra tion in advance of similar steps in the public schools. In New Orleans, almost one-half of the city’s school children attend Cath olic or other private schools. Although there has been public resistance to integration at the public school level, Negroes have been ad mitted to the Louisiana State Univer sity Graduate School since 1950. Mil- ton M. Harrison, assistant to LSU President Troy H. Middleton, reports that the number of Negro graduate Jr., Suffolk; Garland Gray, Sussex; James D. Hagood, Halifax; A. S. Har rison Jr., Brunswick; S. Floyd Land- reth, Galax; G. Edmond Massie, Richmond; W. Marvin Minter, Ma thews. From the House: Delegates Howard H. Adams, Northampton; J. Bradie Allman, Franklin County; Joseph E. Blackburn, Lynchburg; Orby L. Cantrell, Wise; Russell M. Cameal, Williamsburg; C. W. Cleaton Mecklenburg; John H. Daniel, Char lotte; Harry B. Davis, Princess Anne; Charles K. Hutchens, Newport News; Baldwin G. Locher, Rockbridge; J. Maynard Magruder, Arlington; W. Tayloe Murphy, Warsaw; Samuel E. Pope, Southampton; Harold H. Pur cell, Louisa; James W. Roberts, Nor folk; Vernon S. Shaffer, Shenandoah; W. Roy Smith, Petersburg; J. Ran dolph Tucker Jr., Richmond; C. Stuart Wheatley Jr., Danville. The commission will elect its own chairman. GEOGRAPHICAL DISTRIBUTION The commission includes at least two members from each of the 10 Congressional Districts, with the largest representation going to areas having the heaviest Negro popula tion. In part, the Governor’s statement said: “I am therefore appointing a fairly large Commission on Public Educa tion, composed of 32 members of the Legislature. I am inviting the com mission to ascertain, through public hearings and such other means as appear appropriate, the wishes of the people of Virginia; to give careful study to plans or legislation or both, that should be considered for adop tion in Virginia after the final degree of the Court is entered, and to offer such other recommendations as it may deem proper as a result of the decision of the Supreme Court affect ing the public schools.” Meanwhile, the Richmond Diocese of the Roman Catholic Church, which includes most of Virginia, has an nounced that Negroes will be ad mitted to Catholic parochial schools this fall for the first time. Where there are both white and Negro Catholic schools, segregation will continue, but where there are no schools for Negroes, Negro children will be permitted to attend the white schools, it was explained. students has steadily increased, as fol lows: No. Negro Term Graduate Students Summer Session, 1951.... 1 1st Semester, 1951-52.... 5 2nd Semester, 1951-52.... 11 Summer Session, 1952.... 38 1st Semester, 1952-53.... 19 2nd Semester, 1952-53.... 26 Summer Session, 1953.... 108 1st Semester, 1953-54 51 2nd Semester, 1953-54... 58 Summer Session, 1954.... 230 Immediately after the Supreme Court ruling, five Negroes registered and were admitted as undergraduates in summer school at Southwestern Louisiana Institute, a small, previous ly all-white college at LaFayette, La. Loyola University of the South, a Jesuit college in New Orleans, has ad mitted Negro students as undergrad uates for the past five years. Assistant Dean Bernard A. Tonnar, S. J., re ports that Negroes are matriculated in three departments: the School of Law, the School of Graduate Education, and the Institute of Industrial Rela tions. Says Dean Tonnar: The School of Law first admitted Ne groes two years ago, and five matriculated. Since then two have been excluded for scholastic deficiencies. The three remain ing ones are doing well. We admitted last summer session one Negro lady to the School of Graduate Education. This slim mer we had only one Negro applicant for graduate work, and since the student did not fulfill the requirements, he was not admitted. State Superintendent of Education Shelby Jackson has not commented publicly on the segregation issue, but the general opinion of state educa tors seems to be that Louisiana, as a last resort, will attempt to hold its segregation line by an “in effect” sys tem. One prominent educator, who declined to be quoted by name, said: We are not considering abolishment of the public school system as a means to retain segregation. Our main aim will be to maintain an ‘in effect’ system of segre gation on a local basis, primarily by the planning of new schools so that they will follow the natural pattern of segregation. Louisiana