Newspaper Page Text
Mississippi
SOUTHERN SCHOOL NEWS—April 7, 1955—PAGE 5
JACKSON, Miss.
FTER 12 weeks of bickering and
balloting, the Mississippi legisla
ture, in a special session called by
gov. Hugh White specifically for that
purpose, has provided for the financ
ing of a Negro-white public school
equalization program which officials
are “hoping” will discourage efforts
integrate the segregated system.
The session was convened on Jan.
11 and adjourned April 7, 1955.
The new equalization program,
enacted at the 1954 regular session,
but not fully financed pending the
May 17, decision of the United States
Supreme Court, will cost the tax
payers 88 million dollars biennially.
That compares to the 50 million
dollars voted for public schools at
the 1952 regular session when the
present administration took office.
The 1952 common school appro
priation reflected the state’s first
major concern for a mandate in the
constitution of 1890 for “separate,
but equal” opportunities and facil
ities for the two races. In the alloca
tion were two earmarked expendi
tures—$4,500,000 to increase salaries
and Negro teachers, and $1,500,000
to improve transportation facilities
for Negroes. That still left a wide
“gap” in the dual system.
BONDS AUTHORIZED
The recent special session also
authorized the issuance of 60 million
dollars in bonds to launch a building
program looking to eventual closure
of the 117 million dollar gap re
ported by the state department of
education between Negro and white
facilities. The plan is to retire the
bonds at the rate of six million
dollars a year, which leaves the
actual cost of operating the schools
under the new two-year program
at 76 million dollars for teachers’
salaries, transportation, administra
tion and school supplies other than
free textbooks.
Under the bond issue authoriza
tion, the 60 million dollars is the
ceiling” for bonds that may be out
standing at any one time. That per-
wits the continual issuance of new
obligations as others are paid off so
long as the outstanding indebtedness
does not exceed 60 million dollars.
Before the building program is
actually underway, however, each
separate school district and county
"'ust submit a plan for consolidations
o a new five-member State Educa-
lonal Finance Commission. An
overall district and county recon-
sitution plan has been developed
7 the state department of educa-
10n which drastically reduces the
Presently estimated 1,000 school
u Wets and places the schools
where the children are.”
building program
onN en< ^ tUreS Wst must be made
0 j , e S r ° facilities by authorization
Dr • j finance Commission. That is
da° Vl ded ^ a 1954 act which man-
- We Finance Commission to
stanrt ltS a fi° cat r°ns first for below-
s l ar d schools before others can
re m the disbursements.
P£ R CHILD RATIO
systT ern fi ne fi 1° equalize the dual
oorwf 11 . 3 move t0 gain Ne g ro
. „ 1 to its operation on a “volun-
legisl f. egre g ate d basis, the current
Plem 3 ** Ve sess ' on also made a sup
per building allocation of $3
attw-j 6 ^ 0 child in average daily
di s b,„.f nce above the $12 standard
N e g ro Sen ? en t. That means that
schools will receive a state
l»r °1 $15 per child against $12
"rates.
fi* e 1^54 statute requiring
^b-stan j mor fi es 1° be spent on the
j rc l schools, Negroes are
first h n , to gel the bulk of the
the Elding funds since that is
critj^ 6 ® whem the need- is more
law, .y strict adherence to the
Proven lte , sc bools will not be im-
(W Un W Negro facilities in the
Ore brn se Parate school district
Hep to a level with them,
stoon s -, ass and Rep. Gore also
P r °Posen ~' Dy .‘ si fi e * n opposing a
ooon is* Cut W the school building
^ Prill; 116 fi° m B0 million dollars to
fioll-s.
lass was fearful that the
“ceiling” would turn out to be the
entire authorization and all the
funds would be spent in the “black”
counties with little or none left for
the white counties.
CONSTITUTION AMENDED
The first major action of the spe
cial session was insertion of the
“standby” abolition amendment in
the constitution. Gov. White and
other state leaders had promised—
and delivered—that no legislation to
implement the amendment would
be considered at the session.
Gov. White said such legislation
“is premature” in view of a blue
printed plan to legally delay a show
down on the Supreme Court mandate
for at least ten years.
Major steps in the “bypass” ma
neuvers include a 1954 statute for
assignment of pupils on the basis of
community welfare and morals;
gerrymandering of school district
lines; use of the state’s police power
and other not yet developed plans.
Gov. White has explained that use
of the state’s police power does not
mean the calling out of troops or
armed forces. He said it calls for
legislative action calling for segre
gation as a necessity under the police
powers for racial well-being.
HEARINGS PLANNED
In connection with the planned
use of the police power, the recent
session in continuing the “life” of
the Legal Educational Advisory
Committee has authorized it to con
duct statewide hearings and to sum
mon witnesses to determine what
efforts to integrate the schools would
do to the peaceful and orderly con
duct of civilian relations and well
being.
The plan is to use the testimony
and findings in support of possible
legislation to enforce segregation
under the state’s police powers.
Speaker Walter Sillers of the House
of Representatives, who is from the
heavily Negro - populated Delta
county of Bolivar, said that if a
court should strike down the right
of a state to use its police powers
for law and order then “the last
vestige of state sovereignty is gone.”
REACTION OF OFFICIALS
Indicative of the determination of
officials to use the abolition amend
ment only as a “last resort” was
their reaction to a proposal in the
recent session to implement the
constitutional provision.
Rep. J. A. Phillips and Rep. J. S.
Williams, both of the heavily Negro-
populated county of Noxubee, pro
posed to create a “State School
Building Authority” for the ac
quisition, construction and improve
ment of school buildings.
It would also have been authorized
to “buy” or “lease” existing school
properties from public bodies and
then “lease” them back under con
tracts.
The Phillips-Williams proposal
would have taken the state out of
the public school building field and
vested responsibility in a private
group. The authority could also have
“leased” school buildings to private
groups who would pay rentals under
the contract.
Officials branded the measure as
the first step in the abolition of
public education and the setting up
of a private school system.
The authority could issue bonds,
using the buildings as collateral
for their purchase and then pay off
the obligations from rentals. School
districts would have been authorized
to levy taxes to pay rentals.
VETO THREATENED
Gov. White quickly expressed op
position to the proposal, and said
even if it was passed by the legisla
ture, he would veto it. He also said
it was not included within the sub
jects for which he called the special
session and could not be offered
under a constitutional provision
allowing special sessions to consider
only those matters submitted by
the governor.
Also quick to oppose the pro
posal was the Mississippi Economic
GOV. HUGH L. WHITE
Asks Equalization of Schools
Council, composed of business and
civic leaders. The council had en
dorsed the “last resort” abolition
amendment.
In a telegram to Gov. White, the
president of the council, James
Hand Jr., of the heavily-Negro
populated Delta county of Sharkey,
said:
“Consideration of the Phillips-
Williams bill at this time is prema
ture and does not keep faith with
the people of Mississippi in view of
promises made by proponents of the
constitutional amendment last De
cember that consideration of a plan
to abolish schools as a means of
maintaining segregated schools
would be a last resort measure.
Gov. White and other officials
admit that the costly program is
a “gamble” on their belief that at
least 95 percent of the Negroes will
agree to voluntary segregation con
ditioned on their opportunities and
facilities being equalized with those
of the whites. They have no other
assurance of that.
TAXES INCREASED
To raise the 38 million dollars in
“new” money for operation of the
dual system on a two-year basis,
the recent special session increased
the sales tax from 2 to 3 per cent;
cigarette levy from 4 to 5 cents a
pack; amusement tax from 2 to 3 per
cent; franchise tax from $1.50 to $2 on
each $1,000 capital used in the state
by businesses; a new one-eighth of
one per cent “compensating tax” on
out-of-state wholesale purchases for
resale in the state at retail (affecting
largely chain stores which supply
their retail outlets from large whole
sale warehouses elsewhere), and en
acted a new “tax on tax” of 14 per
cent on present collections in eight
tax fields.
The surtax is to be added to the
income tax, except that paid by
manufacturers and oil producers;
estates; oil severance; gas severance;
slot vending machines; finance com
panies privilege; insurance company
privilege, and kerosene and fuel oil.
STRONG OPPOSITION
Big business opposed the surtax,
and as a result of strong pressure
kept the legislature deadlocked on
that issue for most of the 12 weeks.
A compromise was finally adopted
for the 20 per cent rate wanted by
the House on nine taxes, and the
15 percent set by the Senate in
stripping it of all but income taxes.
The 12 weeks it took the special
session to agree on a financing pro
gram compares with the three weeks
it took a special session in Sep
tember of 1954 to approve a constitu
tional amendment for abolition of
public schools in event integration
is threatened through the courts.
The deadlock continued for weeks
despite Gov. White’s warning that
“unless we fully finance the equali
zation program we might as well for
get about segregation.”
ANOTHER SQUABBLE
Another major fight developed in
the recent session on a proposal to
reduce the 1954-enacted equalization
program’s cost. It does not affect the
major equalization effort, but affects
only one phase dealing with state
aid for supplementing salaries of
superintendents and principals.
Ironically, many of those lining up
against the proposed cut were on
opposite sides in last year’s cam
paign to gain voter ratification of
the “last resort” abolition amend
ment.
Rep. Joel Blass of Stone County,
who led the fight against ratifica
tion of the amendment as being un
necessary and a dangerous authority
to vest in the legislature, argued
that the proponents had promised
the people “faithfully that if they
ratified the amendment the equali
zation program would be fully
financed.”
Likewise, Rep. Ney Gore of
Quitman county, secretary of a 25-
member legislatively-created Legal
Educational Advisory Committee
which sponsored the amendment,
argued against the reduction. He
said his side had promised full
financing, and to do otherwise would
be “breaking faith with the people
who ratified the amendment.”
Incidentally, Rep. Blass and Rep.
Gore debated the amendment during
last year’s campaign on opposite
sides of the issue but on the same
platforms and before the same audi
ences statewide.
COMPROMISE REACHED
However, a compromise also was
reached on the school cost issue. The
$200 allowance per teacher unit for
the salary supplements was lowered
to $150. The Senate had cut it to
$125 and the House had reinstated
the $200 figure.
Although classroom teachers were
told the cut would affect their sal
aries, actually it was a safeguard for
full payment under the new schedule
based on training and experience,
without regard to race. The reduc
tion affected only the top-level offi
cials.
“This cannot be the case until a
successful effort is made to finance
equal but separate facilities.
“This organization’s endorsement
of the amendment certainly did not
contemplate the step proposed in the
bill (House Bill 210). We hope you
agree with this view and will use
your influence to defeat this meas
ure.”
The bill died in the House Ways
& Means Committee without so
much as a hearing.
RESOLUTIONS PASSED
In two resolutions, the special
session took cognizance of the United
States Supreme Court’s desegrega
tion decision of May 17, 1954.
In one, the Congress was me
morialized to enact legislation limit
ing the appellate jurisdiction of the
court as well as other federal courts.
It was offered by Reps. Frank Critz
and W. C. Loden, both of Clay
County; Maurice Black of Carroll
County, and Bennett Smith of Choc
taw County.
The resolution recited that “fed
eral courts, and more particularly
the United States Supreme Court,
have through numerous opinions
and decisions invaded the fields of
the legislative and executive
branches of government, and have
invaded the field of government
which should be left to the control
of the several states of the union.”
Pointing out that the Congress is
authorized under the constitution of
the United States, to “control and
limit the appellate jurisdiction of the
United States Supreme Court and
other federal courts,” the resolution
memorialized the Congress to:
“Enact legislation limiting the ap
pellate jurisdiction of the United
States Supreme Court and other
federal courts so that the fields of
government of the executive and
legislative branches and of the sev
eral states shall not be invaded, but
shall remain separate and distinct.”
The other resolution was offered
by House Speaker Walter Sillers
of Bolivar County, and Reps. Joe
Hopkins of Coahoma County; Mau
rice Black of Carroll County, and
Miss Jessie Reese of Lee County. It
called on the Congress to call a
convention for the purpose of pro
posing an Article as an amendment
to the Constitution of the United
States giving the states exclusive
authority to regulate, administer
and operate their respective educa
tional systems as they may deem
necessary and proper.
The proposed amendment would
also provide that “neither the Con
gress, the President nor anything in
this Constitution shall in anywise
interfere therewith or otherwise
affect same.”
Rep. Delos Burks of Pearl River
County, home of the late United
States Sen. Theo. G. Bilbo, opposed
the proposed draft of the amend
ment, asserting that once a conven
tion was called “it can do anything
it wants to and could propose an
amendment contrary to what we
favor.”
He said it could “even propose a
Fair Employment Practice Act, or an
anti-poll tax amendment.”
The Sillers et al resolution asserted
that “recent decisions of the Su
preme Court of the United States
have tended to withdraw from the
sovereign states the power to ad
minister their respective school sys
tems in a fashion never contem
plated by the ratifiers of the 14th
Amendment.”
“This unconscionable usurpation
of power, if not restricted, will ulti
mately result in the destruction of
every vestige of state supported and
regulated public education,” the res
olution stated.
OTHER PROPOSALS
Meanwhile, numerous other pro
posals were offered in the special
session setting up new “bypasses”
to the Supreme Court decision. How
ever, none of them was passed as
they died in committees.
Among the proposals were the
following:
• Make it unlawful for any mem
ber of the white or Caucasian race
to attend any school of high school
level or below wholly or partially
supported by funds of the state
which is also attended by a member
or members of the colored or Negro
race. It prescribed a penalty of a fine
of not less than $1 nor more than $25,
and/or imprisonment in the county
jail for not to exceed six months.
It was offered by Rep. James Robert-
shaw of Washington County.
• Provide for an entirely volun
tary system of public education
whereby preference may be exer
cised as to whether each pupil shall
attend an “all-white,” “all-colored”
or “mixed” school throughout the
state. Each child, with the advice
and consent of his parents, would
have the right to exercise his free
choice as to what type school he at
tends. Three schools would be pro
vided in each school district and the
child assigned to the one indicated in
a census made by the county school
boards. Teachers permitting stu
dents to attend schools contrary to
their choice would be subject to
prosecution as a misdemeanor. Rep.
J. M. Alford of Walthall County, was
the author.
• That parents file a preference
with the county superintendent as
to which school they prefer their
children to be assigned in the
various districts and reasons there
for and pay a $2 filing fee. The pref
erence would not be mandatory on
the part of the school board, but
merely advisory. Parents failing to
file the preference request would be
presumed to have no preference
and this would serve as a waiver of
any and all rights to make any legal,
equitable or administrative com
plaints of, protest against, or appeal
from, the action of the board in
assigning such child. The author was
Rep. William Byron Long of Lee-
Itawamba Counties.
• Declaring it to be the public
policy of the state of Mississippi that
a free public education is a privilege
and not a right, and that such privi
lege shall be extended only to those
persons or their children who ac
cept same under the terms and con
ditions upon which it is offered. No
child could obtain a free public edu
cation whose parents do not, pre
cedent to enrollment, file with the
school trustees an unconditional
waiver whereby they waive, for
themselves and their child so en
rolled, any and all rights they or
their said child may have to any
legal, equitable or administrative
appeal from, protests against, or
complaint of, the assignment by the
board to any attendance center with
in the district. The assignments
would be commensurate with the
public peace, safety, health and
morals of the people of the district,
with the welfare of the child being
assigned, and with the available
facilities. Boards would be author
ized to refuse enrollment of any
pupil whose parents refuse or fail
to file the waiver. It was offered by
Reps. R. C. McCarver of Itawamba
County, anc j William Byron Long of
Lee-Itawarnba Counties.