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Delaware
WILMINGTON, Del.
ELAWARE’S attorney general, H.
Albert Young, one of the chief
targets of attack by the National As
sociation for the Advancement of
White People, has asked the U.S.
Supreme Court to permit a gradual
adjustment from segregated public
education to a system “without race
distinction” through the local courts,
either the U.S. District Court or, as
in the case of Delaware, its Court of
Chancery.
However, Mr. Young makes it clear
that he thinks the U.S. Supreme
Court “out of the bounty of its wis
dom should fix an ultimate date be
yond which there will be no further
postponement of relief under the de
cision of May 17—a date which will
afford the states an opportunity to
plan, educate and promote commun
ity acceptance and orderly physical
fruition of desegregation.”
In the conclusion of his brief, Mr.
Young states:
The mandate of this (U. S. Supreme)
Court should include instructions to the
lower courts that, in granting or deferring
immediate relief, they shall exercise
equitable discretion according to local
conditions, provided that a constructive
transitional program is shown to be in
progress and subject to the limitation that
ultimate relief by way of admission on
a non-segregated basis shall be effected
no later than a date which this Court
should fix.
Mr. Young also asks that “in the
light of the decision of this Court of
May 17, and the successful integra
tion of (Delaware) respondents into
the Claymont and Hockessin schools,
the two Delaware cases should be af
firmed.”
Mr. Young had prepared to appear
personally before the U.S. Supreme
Court the week of Dec. 6, along with
his successor, J. Donald Craven of
Wilmington, who was elected attor
ney general on Nov. 2. Now that the
hearings have been postponed until
1955, Craven, who takes office on Jan.
2, will represent Delaware. It is not
known whether Craven will ask
Young to continue as a special deputy
attorney general.
6. A previous decision of the Dela
ware Supreme Court makes admis
sion mandatory where separate facil
ities are not equal.
7. Since many instances of unequal
facilities may be presented to the
courts for immediate relief under the
“separate but equal” doctrine, grad
ual integration depends upon the
time element to be provided for in the
U.S. Supreme Court’s mandate dur
ing this period of transition.
8. The mandate of the U.S. Su
preme Court should make it clear
that, notwithstanding inequality of
facilities, the local courts shall in the
exercise of their equity powers, be
permitted to grant such relief as they
deem proper after consideration of
the physical, economic, and social
conditions of the community and
upon a showing of a bona fide effort
directed toward orderly desegrega
tion.
QUOTES FROM BRIEF
Here are some of the pertinent
quotes from Young’s brief, indicating
the extent to which the Delaware at
torney general combines legal think
ing with a socio-legal philosophy:
By the decision of May 17, 1954, this
Court has invalidated almost a century
of social tradition which has been per
petuated under apparent constitutional
sanction for two generations. Social
thinking, public mores and school ex
penditures have been founded upon the
time-accepted doctrine of ‘separate but
equal’ public education.
The factual review in this brief dem
onstrates the somber extent to which the
doctrine of segregation in public educa
tion saturates the thinking of the citizens
of some of our states. This Court has
eradicated the constitutional sanction of
this tradition.
A transition is required which only time
can effectuate. Shock is not the medium
by which this transition can be accom
plished.
Factors which weighed in favor of im
mediate relief under the ‘separate but
equal’ cases are overweighed by problems
of social acceptance and social, economic
and facility readjustment growing out of
the decision of May 17.
At least in some areas, there must be
a twilight era when personal rights must
give way to community problems and
ATTY. GEN. YOUNG
He Prepared Brief
general public welfare.
This Court should remand the cases
to the lower courts for formulation of
decrees for the admittance of plaintiffs to
the public schools without regard to
race, as soon as practicable within a time
limit to be set by the U. S. Supreme
Court.
Immediate desegregation resulting in an
uneventful transition in one locality
would result in strong community up
heaval in another locality. Hence, there
is no standard formula, no elixir by which
the transition can be uniformly effected.
The transition can be moulded only
through wisdom based upon a knowledge
of the facts and circumstances and psy
chology of the community affected. These
facts can best be obtained and the transi
tion can be most smoothly effectuated by
the courts in which these cases arose.
The U. S. Supreme Court does not have
before it, nor should it undertake, the
Herculean task of outlawing the existing
system of public education, nor of cre
ating a substitute. The U. S. Supreme
Court has before it the rights of individ
ual children. Those rights can best be
brought to fruition at the local level by
the courts of first instance.
The mandate or decree of the U. S.
Supreme Court should be the beacon
light by which the further action of the
lower courts can be guided.
Relief should be deferred by the local
courts only after thorough consideration
is given to numerous factors such as the
history of race relations in the communi
ty affected, the extent of migration to
and from the community, the extent of
social and economic segregation within
SOUTHERN SCHOOL
ATTY. GEN.-ELECT CRAVEN
He Will Argue Case
the community, the permanency of the
population, and the condition and ca
pacity of existing school facilities.
The U. S. Supreme Court must be con
vinced that those charged with the re
sponsibility of effecting total integration
are taking constructive steps toward the
elimination of the segregation barrier
and that those steps are being bonafidely
carried out as expeditiously as it is pos
sible.
However, Young does not attempt
to suggest “an ultimate date” of in
tegration. He points out in his brief
that deferral dates of relief have va
ried in other U.S. Supreme Court
cases from six months in one instance
to a span of nine years in another.
PUBLIC OPINION POLLS
Meanwhile, a number of public
opinion polls, sponsored by “citizens
committees” were held throughout
Delaware’s southernmost county,
Sussex. Even before the referenca
were held, there was no doubt as to
the outcome. It was taken for granted
that the vote would be overwhelm
ingly in favor of retaining segrega
tion in the public schools of the com
munities.
The questions in the referenda
were very simple and to the point:
“Do you favor segregation?” “Do you
favor integration?” However, in one
Delaware PTA Procedure Outlined
OPPOSING VIEWPOINT
In contrast to the gradualism but
ultimate fixed date plea of Atty. Gen.
Young, Louis L. Redding, attorney
for the Delaware branch of the NAA
CP, asks that the ultimate date be
fixed at September 1955.
The early part of Young’s brief on
the mandate of the U.S. Supreme
Court gives a quick survey of the or
ganization of the Delaware school
system and how it is financed. He
points out that integration will bring
with it numerous financial problems,
particularly involving bonded indebt
edness of school districts.
He also points out that there are
some Negro school districts separate
from white school districts and other
Negro school districts whose geo
graphical boundaries overlap those of
white districts.
He also runs through the “progress”
story of partial integration in some
°f the school districts of the state. He
touches on what has come to be
known as “the Milford story” and the
impact of the National Association
tor the Advancement of White Peo
ple upon the attempt of partial inte
gration in southern Delaware.
STATE summary
. J ^ I1 d he summarizes the Delaware
f'tPation—as of the middle of Novem
ber as follows:
L Partial desegregation has pro-
Sre^ed satisfactorily in all but one
? the districts where it was under
taken.
^'■ frt certain areas in Delaware, a
gradual transition from a segregated
ool system is necessary to insure
agency and community accept-
Wa opinion in lower Dela-
re has been aroused against de
legation.
- ' f*- significant percentage of the
Pie in parts of Delaware are not
5 Tb° accept integration.
g^‘ v) e immediate admission of Ne-
the u'.? r6n 1° white schools under
is in 0l< * " se P ara te but equal” doctrine
fr cons istent with orderly transition
jjj separate to integrated schools
m^ eas . where such immediate ad-
ulat . 10n fr opposed by the local pop-
(Note: James H. Snowden, a resident
of Wilmington, Del., is president of the
Delaware Congress of Parents & Teach
ers, which represents some 25,000 mem
bers throughout Delaware. The Delaware
Congress, made up of representatives
from all local PTA units in the state, has
no color line.
(Because Parent-Teacher organizations
have such a vital interest interest in the
segregation-desegregation issue, Mr.
Snowden’s memorandum sent out to all
PTA units in Delaware is reprinted here
to show what the PTA organization in one
state affected by the Supreme Court rul
ing is doing.)
“The decision of the U. S. Supreme
Court must be the basis for the action
of the PTA in the process of integra
tion. This bald statement is made be
cause there is no other course which
would permit us to remain faithful
to our objective as an organiation
dedicated to the education of children
and youth.
“U. S. Sen. John J. Williams very
aptly summed up this situation by
pointing out that the court’s decision
could only be changed by amending
the Constitution, or by overthrowing
the government. Even should an
amendment to the Constitution be
proposed and submitted to the states
for ratification, the decision of the
court must be respected until the
amendment was finally approved. The
second method is met only by scorn
by any responsible citizen.
“Therefore, the Delaware Congress
has no choice as to the course it will
follow. We will respect the decision
of the Court, and those who have
reservations as to the wisdom of the
Court’s opinion must fervently hope
that time will show such reservations
were unnecessary.
“Founding our action on the
Court’s decision of principle, the next
step is to apply the principle and to
continue, without interruption or
hesitation, the programs of education
we want for our children. The officers
of the Delaware Congress of Parents
and Teachers submit the following as
a practical approach to integration;
an approach to be evaluated and
adapted by local units to the parti-
MR. SNOWDEN
cular needs of their communities.
“Step 1. Volunteer or request rep
resentation on community commit
tees studying integration by appoint
ment of local boards of education.
The formation of citizen advisory
committees is the first action which
your Congress officers believes es
sential to an orderly process of in
tegration, and we have urged, when
ever possible, that school districts in
stitute such committees to study the
community desires in the initial pro
gram of integration. Certainly the
PTA, one of the leading lay organiza
tions in the field of education, should
be represented on such groups.
“Step 2. When the local board of
education in your district has an
nounced its policy on integration,
give it widespread publicity. This is
the second action which your Con
gress officers have urged whenever
they have had the opportunity. The
school community is all the people
in the district, not just the people
who ordinarly express an interest in
the schools, and one service the PTA
can render is that of being a means
of communication. A successful in
tegration program is one which goes
into effect with all the people aware
of when it begins, how it works, and
who is involved. Broadcasting this
information would be a community
service and fully within the sphere
of PTA activity.
“Step 3. Insist on firm adherence to
the policy by all people in the dis
trict. A set of rules is not a set of
rules if it works for one person, but
not for another; that kind of inter
pretation will only lead to difficulties.
The Congress officers have advocated
enforcement as a third action for the
process of de-segregation. Local PTA
units are not policemen for the en
forcement of school policy, but the
members should be the first to res
pect such rules and to demonstrate
their confidence in their school board
and school officials.
“Step 4. Discuss this new principle
in a meeting, or a series of meetings.
You are not concerned with the
question of whether the Court’s de
cision is right or wrong; you are con
cerned only with how you, the people
of a certain school or a certain dis
trict, can put the principle into effect
without deterring the educational
progress of your children. You will
be told that discussion of integration
is undesirable because it may pro
voke more heat than light. You may
find that your administrators or
school personnel are timorous of the
subject. You may be told that it is
better just to let integration come
without advance discussion—but the
evidence so far would indicate that
all of these objections are themselves
dangerous. The time to resolve com
munity attitude, the time for condi
tioning, is not when integration takes
place—when students, teachers, and
parents of two races are brought to
gether with little previous oppor-
tunitv for guidance or mutual under
standing — but before integration,
when time will permit each individ-
(See DELAWARE PTA on Page 15)
NEWS —Dec. I, 1954—PAGE 3
instance—in the town of Laurel—the
voters were also asked to say whether
or not they favored an addition to
the Negro school. By a great majority
they expressed themselves as in fa
vor of segregation and in favor of
expanding the Negro school.
Referenda were also held in the fol
lowing towns of Sussex County: Mil
ford, Georgetown, Harrington,
Greenwood, and Milton.
The exact purpose of these refer
enda has not yet been officially dis
closed by the “citizens’ committee”
but it is presumed they are intended
to have the following importance:
1. To show the General Assembly
which convenes next year how the
people feel about integration.
2. To lay the groundwork for sup
port of an amendment to the U.S.
Constitution to permit separate but
equal schools to exist.
3. To crystallize public opinion
against integration of any kind in the
public schools.
VOTING RULES VARIED
Few Negroes participated in the
referenda and the rules for voting
varied according to communities. In
most of the communities only regis
tered voters were permitted to par
ticipate. In Laurel, the rule followed
that of any school referendum—any
recognized resident of the district
could vote.
However, in the town of Green
wood, Negroes were not permitted to
take part in the referendum.
The people of Milton, after their
referendum which showed 934 against
integration and six in favor, drew up
a petition which was sent to Gov. J.
Caleb Boggs.
The petition, signed by almost 800
persons, asked the governor to use
his influence to have Delaware rep
resented by an “impartial” attorney
before the U.S. Supreme Court at the
mandate hearing, rather than Atty.
Gen. H. Albert Young. The petition
charged that Mr. Young has been
partial to integration and is biased.
The governor took no action on the
petition of Milton, other than to ac
knowledge its receipt. Anyway, it is
pointed out by lawyers that the gov
ernor could not bar the attorney gen
eral from reDresenting the state of
Delaware before the U.S. Supreme
Court because in Delaware the attor
ney general is an elected constitu
tional officer.
ELECTION REACTION
The controversy in Sussex County
became a factor in the election in Del
aware on Nov. 2. Ordinarily—at least
in recent times—off-year elections in
Delaware are taken by the Republi
cans. But this time, the Republicans
were given a smashing defeat, and
practically all political experts and
political writers in Delaware say that
the segregation question was a factor
in the Republican loss.
The segregationists blamed the Re
publicans and the Republican gov
ernor, J. Caleb Boggs, for what in
roads integration has made in Dela
ware.
The integrationists in northern Del
aware blamed the Boggs administra
tion for not having taken a firmer
stand against Bryant Bowles and the
NAAWP.
U.S. Sen. John J. Williams (Re
publican and not running for re-elec
tion) tried to persuade the public
that integration was not a political
issue but obviously it was, especially
in southern Delaware.
The Democrats of Delaware have
taken full control of the General As
sembly and practically all county of
fices in each of the three counties of
the state. A Democratic U.S. senator
and U.S. representative and attorney
general were elected.
There is some speculation now
about what the Democratic Party of
Delaware—with a more than com
fortable majority in the General As
sembly of 1955—will do with its va
rious civil rights platform pledges,
ranging from FEPC to support of the
U.S. Supreme Court integration de
cision. These pledges were made in
the Democratic state convention in
August of 1954 before any one had
any idea of what was going to happen
in September and October.
Political writers in Delaware point
out that when it comes to civil rights
issues in the General Assembly of
the state, decisions and points-of-
view cut across party lines and de
pend more upon residence of legisla
tors than political party affiliations.