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PAGE 6 —Oct. I, 1954 —SOUTHERN SCHOOL NEWS
Florida
MIAMI, Fla.
lorida schools opened in Septem
ber without incident. There was
a feeling among leaders and educa
tors of both races that any action to
ward implementation of the Su
preme Court decision should await
the further ruling of the Court.
As October arrived, Atty. Gen.
Richard W. Ervin prepared to file
with the United States Supreme
Court the amicus brief in behalf of
the State of Florida in response to
the court’s invitation for suggestions.
Florida was not a party to the
original cases, and is not intervening
in the cases. However, the brief is
a plea for gradual adjustment to seg
regation, with broad powers of dis
cretion vested in local school author
ities to adapt the change to local
conditions and needs.
Ervin said that a sincere and thor
ough effort has been made to pre
sent reasonable and local answers
to the questions posed by the Court.
Based on Survey
The suggestions are based, the at
torney general said, on a scientific
survey of the factual situation in
Florida, embracing practical, psy
chological, economic and sociologi
cal effects of integration, as well as
an exhaustive research of legal prin
ciples.
Practical considerations alone are
enormous, the brief points out. Seg
regation of schools is a constitu
tional provision that has been in
existence in Florida for 69 years.
This is based on social customs that
cannot be changed overnight with
out completely disrupting estab
lished procedures of planning, trans
portation, teacher employment—fac
tors reaching into the heart of every
community organization, the brief
explains.
The simple mechanical process of
reorganizing the basic school laws
will take long legislative study, the
brief says. The legislature is con
fined to biennial sessions of 60 days,
unless special sessions are called for
specific purposes. The next regular
session is in May.
The welfare of 650,285 children is
at stake and the annual expenditure
of $138,895,123 (1954 figures) is in
volved in Florida, so legal processes
cannot be hasty, the brief points
out.
MACON, Ga.
EORGIANS have not yet decided
how they will attempt to cir
cumvent the Supreme Court decision
outlawing segregation in the public
schools, but they have selected for
their state chief executive officer a
man who has pledged, “Come hell or
high water, races will not be mixed in
Georgia schools.”
On Sept. 8, voters went to the polls
and gave the Democratic primary
nomination for governor to Marvin
Griffin of Bainbridge. The general
election is only a formality and there
is no question but that Gov.-Nomi-
nate Griffin will become Gov. Griffin
January.
Griffin’s campaign appeals were
based on the theme that he was the
only candidate who could be de
pended on by the people to maintain
segregation. He referred to himself
as the “white man’s candidate” and
freely denounced the NAACP, “Yan
kee carpetbaggers” and northern in
terests as among those who opposed
his candidacy in the hope of integrat
ing the races in Georgia classrooms.
The gov.-nominate’s main line of
defense against the court’s decree will
be a plan to allow municipal, county
and state funds to be given to indi
viduals for educational purposes. This
has been generally tagged as the
“private school plan,” and in the gen
eral election voters will decide on a
proposed constitutional amendment
which gives the state legislature au
thority to so act if it sees fit.
During the campaign, in hearings
before the Georgia Education Corn-
Problems are of immense complex
ity, Ervin argues. One, for instance,
is the allotment of scholarships to
candidates for the teaching profes
sion, now assigned on a racial basis.
Another is the powers and duties
of local school boards and of the
state school superintendent. Each
is vested in a body of law accumu
lated through the years, and some
have constitutional factors.
The conversion of a 300-million-
dollar school plant, with a 100-mil
lion dollar building program in be
ing, into an integrated system, is an
enormous task, the brief adds.
All these matters must be sifted
by legislative committees, expert
opinion must be obtained and the
full legislative process carried
through before the changes can be
effected.
Administrative Problems
The legislative problems are
matched in magnitude by the neces
sary revision of administrative pro
cedures, the brief says. The integra
tion of the school bus system alone
is a gigantic task. This year (1953-
54) Florida’s school systems oper
ated 2,212 buses, transporting 209,-
492 pupils 30,910,944 miles. This is
ten times larger than the state’s
largest commercial bus system.
Redistricting made necessary by
integration is another problem. Dif
fering scholastic standards may pre
sent the greatest problem of all.
Health and moral welfare must be
recognized and provided for, argues
the brief. All facts available show
cultural differences that must be
recognized and understood if a solu
tion is possible, rather than a blind
refusal to admit that they exist.
The brief cites an exhaustive
study of leadership opinion, reported
here last month. This showed three-
fourths of the state’s white leaders
disagreed with the Supreme Corut’s
decision. Only a small minority of
both races advocate immediate, com
plete desegregation.
While a minority of both white
and Negro leaders expect serious
violence to occur if desegregation
is attempted, there is widespread
lack of confidence in the ability of
peace officers to maintain law and
order if serious violence starts.
Nevertheless, Ervin’s brief said
there is reason to believe that segre-
mission, a body created to explore
avenues of circumvention, Griffin
advocated two plans as “hold the line”
measures.
The first would have set up 100-
member school boards in each county
to designate schools to be attended by
individual pupils with the under
standing that white children would be
sent to white schools and Negro
children to Negro schools. The second
would have required new residents
of Georgia to live in the state for 12
months before they could send their
children to school. Griffin explained
this was designed to thwart those
who might move to Georgia in an at
tempt to crack the segregation front.
Ridicule of the plans by several
newspapers and by rival gubernato
rial candidates followed and Griffin
gradually shifted to whole-hearted
approval of the private school plan
which was originally proposed by the
present governor, Herman E. Tal-
madge.
Strong Campaign Planned
Talmadge, Griffin, Atty. Gen. Eu
gene Cook and other officials of the
incoming or present state administra
tion are expected to campaign vigor
ously for the proposed amendment.
Griffin is also lining up the Georgia
Democratic party machinery to begin
an all-out drive for support of the
private school plan at the party’s
state convention in Macon Sept. 30.
Atty. Gen. Cook and Gov. Talmadge
both took the position shortly after
the May 17 decision that Georgia
would not be represented. Cook, who
ATTY. GEN. ERVIN
Author of Florida Brief
gated schools can be ended in Flor
ida in an equitable manner without
destroying the school system itself.
But there is no reason to believe,
the brief sets forth, that this can
be accomplished hurriedly or
through the legal coercion of school
officials. This would pose the im
possible dilemma of an inescapable
judicial verdict opposed by immov
able public opinion.
Stresses Need for Time
The need for time and tact and
wisdom in bringing about a true
realization of the goal set by the
Supreme Court is recognized by
white and Negro leaders of Florida,
Ervin said.
These leaders have given long
and careful study to the situation in
an honest effort to arrive at a solu
tion compatible with the court’s rul
ing and the ingrained customs, out
look and mores of the people.
One example of this, cited in the
brief, is the deliberations of the Con
tinuing Education Council of Flor
ida, composed of representatives of
virtually all civic, labor, veteran and
educational organizations, set up
specifically to study the problems
of desegregation.
Several sessions of this body have
been held, and on Sept. 10, it agreed
on some basic principles. A resolu
tion of principle unanimously adopt
ed said:
That in a democratic society, public
education is of paramount importance.
That the state of Florida has made sig-
has been attorney general of Georgia
longer than any other official who
has held that post, will boycott the
sessions on legal and moral grounds.
Legally, he believes that if he
should appear in his official capacity
of attorney general of Georgia as
“amicus curiae” (friend of the court),
he would probably subject all of
Georgia’s 202 county and city school
systems to compliance with the
court’s instructions.
Morally, he feels that the participa
tion in his official capacity in assist
ing the court to prepare inplementa-
tion instructions would carry an ob
ligation on his part to urge the people
of Georgia to comply with such in
structions.
This, Cook declares, he refuses to
do. “The people of Georgia,” he says,
“don’t want to comply.”
By way of proof, Cook cites the fact
that eight of the nine candidates for
governor included a plank pledging
maintenance of segregation in the
public schools in their platforms, that
the Georgia constitution prohibits
the spending of state funds for mixed
schools and that the 1953 Appropria
tions Act provides that all public
funds will be withdrawn from any
school system, including the univer
sity system, if operated with white
and colored students in the same
classrooms.
Of the nine candidates in the gu
bernatorial race, only one, Mrs. Grace
Thomas, an Atlanta woman attorney,
campaigned for compliance with the
Supreme Court decree outlawing
segregation. She received less than
one per cent of the total vote cast.
This fact has been forwarded by
some as one bit of evidence that 98 or
99 per cent of the white and colored
people of Georgia are opposed to end
ing segregation.
niflcant gains in recent years in the qual
ity of its educational programs and In the
educational opportunities for all the
youth of the state.
That the state of Florida cannot afford
the educational or economic loss which
would occur If we permitted a disruption
of this program.
Therefore, we believe that we must
maintain and support a strong system of
public education for all the youth of the
state and that the citizens of Florida in
their legal contacts, through constant
education and study, should work for the
general education of all the people are
prescribed by the laws of our state and
nation.
That we endorse the filing of the pro
posed brief by the attorney general for
the purpose of preserving the system of
public education in the state of Florida
when the final interpretation has been
rendered by the Supreme Court.
That we urge this committee to con
tinue the work on the processes neces
sary for ultimate compliance with the
law.
That we encourage the organization of
similar groups at the local level, i.e.
school community by school community,
to work toward the same objectives.
Others Quoted
That this is a reflection of the
feelings of Florida top leadership is
indicated by various reactions, ac
cording to the brief.
Mrs. Mary McLeo Bethune, found
er of the Bethune-Cookman College
at Daytona Beach and a widely
known Negro educator, said that the
Supreme Court has “put a legal
foundation under a belief many of
us have long held and which is
clearly and concisely stated in the
most basic American ideal: All men
are created equal.
In quietness and patience, people of
culture receive this news, realizing the
inevitable has at last come about. They
also realize, however, that the absorp
tion into our daily lives of this new deci
sion—the putting of it into practice—
must represent an organic cultural as
similation, which, like all social processes,
will take time. Let us enter into this
integration calmly, with good judgment.
United States Sen. Spessard L.
Holland said in a press interview
in Tampa:
We cannot spend all our time in vain
regrets, but rather time must be spent
in trying, as apparently the State Cabinet
has been doing along with officials and
educators of both races at the local level,
to learn how to bring it about.
The Lakeland Ledger said editor
ially:
That attitude (Holland’s) is the only
one with which the problem now at hand
can be solved, and it is the attitude of all
clear-thinking citizens of the South.
If the process is not rushed, there will
be a good chance of making the adjust
ment harmoniously over a period of
years.
The level-headed view such as that ex
pressed by Sen. Holland must prevail.
The Orlando Sentinel pointed out
The attorney general claims there
are several precedents upholding the
propriety of Georgia’s position. He
cites the decision in Chisholm v.
Georgia, 2 Dali. 419, which allowed
a citizen to sue the State of Georgia
and was circumvented by the Elev
enth Amendment. He cites also the
Sixteenth Amendment adopted by
Congress and the state legislatures to
circumvent a Supreme Court decision
declaring the federal income tax un
constitutional. More recently, he
points to the circumvention of a Su
preme Court decision in the tidelands
oil case where Congress reversed a
decision of the court.
Cites Lincoln Quote
Cook, in giving his opinion that
Georgia will be able to work out a
plan that will not conflict with the
Constitution of the United States and
yet preserve “the customs and mores
of our people,” quotes Abraham Lin
coln as saying about the Supreme
Court’s decision in the famed Dred
Scott case: “We mean to reverse it,
and we mean to reverse it peaceably.”
“Surely the court,” says Cook,
“cannot be so naive as to have failed
to take cognizance of the various
plans under consideration in our re
spective states, the sole aims of which
are to frustrate, rather than assist, the
implementation for the coming from
the October hearings.”
To appear, reasons the attorney
general, would seem to the court not
only extremely bad taste, but bad
faith as well.
The attorney general also criticizes
the upcoming implementation in
struction sessions by saying that, in
his opinion, the landmark case of
Hague vs. CIO, 307 U. S. 496, estab
lished beyond question the principle
that a decree could only declare a law
Georgia
that the integration problem varies
for community to community, as it
does from state to state.
Clearly It would be unfair to expect
public officials to overcome the prob
lems of integration all at the same time
without regard to the difficulties in
volved. The Supreme Court should take
cognizance of the inherent differences
among individuals as among communi
ties and leave the problem of when de
segregation can safely be accomplished
to the local authorities.
All these, and many other cited
instances, add up to a respectable
body of public opinion, the brief
says, adding that it leads to a belief
that any attempt to compel immedi
ate desegregation would constitute
a shock treatment so drastic that any
further efforts to reach understand
ing and gradual settlement of ques
tions by responsible leaders would
be nullified.
Internal Variations
The brief points out the regional
variations in the state. North Florida
and West Florida are largely set
tled by people of southern ancestry,
while there has been a large influx
in south Florida of people from
northern states.
Such variations, though based on
generalizations, preclude the possi
bility of a single, statewide solution,
time schedule or pattern, Ervin says.
Only local officials backed by the
understanding and willingness of
local people to accept the plan keyed
to local needs and conditions, has
any chance of success.
A wide degree of latitude must be
left to local communities, the brief
says.
Suggestions Offered
With this background, the brief
offers specific suggestions for pos
sible court procedures on a purely
legal basis.
One is that the Supreme Court
remand the original cases to the
courts of first jurisdiction with di
rections to frame decrees in these
cases.
It is suggested that the lower
courts may be ordered to consider
suits brought to gain admittance to
a specific school, which claim dis
crimination because of color. Decis
ions in these cases might be reached
in accord with certain general di
rections from the Supreme Court:
The petitioner must show that ad
mission was sought in a reasonable
time period, that he lives within the
limits of the school district, that ad-
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void and enjoin its enforcement, and
could not prescribe a method of ad
ministering the law as rewritten by
the court decision.
The man who will be the architect
of legal strategy in the Griffin admin
istration’s efforts to resist integration
believes that once consolidated suits
covering all Georgia’s school systems
are filed in the federal courts, as lit
tle tune as 12 months could pass be
tween initiation and termination by a
Supreme Court decision outlawing
segregation in Georgia schools.
At that point, in his opinion, the
federal courts or special masters ap
pointed by the Supreme Court would
have a choice of ordering imprison
ment of non-complying Georgia
school officials on charges of contempt
of court or of requesting the Presi
dent of the United States to send
federal troops to Georgia to enforce
the non-segregation decision.
Backs Private Schools
Cook believes the only answer for
Georgians desiring to maintain public
school segregation lies in the private
school plan. He holds it to be the only
weapon against mixed schools which
is beyond reach of successful legal
attack.
His opinion is not shared by Dr. M-
D. Collins, state superintendent of
schools, who believes such a plan is
impractical and not a guarantee of
continued public school segregation.
There are intense partisans on both
sides of the private school plan argu
ment. Between now and Nov. 2 when
a decision will be reached, Georgians
will be debating the issues in this mo
mentous question.