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PAGE 16—May 4, 1955—SOUTHERN SCHOOL NEWS
Excerpts
Continued from Page 15
what kind of public schools to op
erate. And if public opinion refuses
to go along, not in disobedience of the
decree of the Court—we would not
for one minute say that they would
disobey the court, defy the court and
continue segregated schools against
the mandate of this court, but the far
more difficult and subtle ways of do
ing it which we as counsel in this
case do not know how to meet, they
could refuse to vote the money, re
fuse to support necessary laws, and
repeal usual public attendance laws.
You mar and impair the public
school system of Virginia in a way
that has taken a whole era to pro
duce. You encourage a recurrence of
the bitterness that was engendered by
the old Reconstruction era. . . .
We are up against the proposition:
What does the Negro profit if he pro
cures an immediate detailed decree
from this court now and then impairs
or mars or destroys the public school
system in Prince Edward County?
Argument On Behalf Of
The Attorney General
Of Virginia
By Lindsay Almond
... I trust that we may be given
an opportunity to work out a solu
tion at the state and local level, ac
ceptable to our people and consistent
with the constitution of our country.
That is all we ask in this case. As
far as my constitutional obligations
as an officer of my state and my
status before the bar of this court,
which I cherish, I shall advise and
have advised the officers of my state
to proceed with expedition in view of
Richmond Times-Dispatch
LINDSAY ALMOND
Virginia Attorney General
all the circumstances and problems
facing Virginia to work out a solution
to this grave problem.
Just a word, if you please, on the
power of this court to permit gradual
adjustment. There seems not the
shadow of a doubt that this court may
—it does not have to—in the exercise
of its equity powers permit an effec
tive gradual adjustment to be brought
about from existing segregated sys
tems to a system not based on color
distinction.
As I shall try to develop in my
argument, that does not mean en
forced integration to us in Vir
ginia. . . .
On May 17, this court handed down
a decision in principle. The court re
frained from formulating decrees
necessary to implement its decision.
It recognized that these are not in
dividual but class actions. It recog
nized the wide and sweeping appli
cability of its decision. And so the
Court recognized that the decision
involved the rights, the mode of life,
the customs, the mores of 50 million
people and 11 million school children.
VARYING PROBLEMS
ft recognized and so stated the va
rious local conditions with their
varying problems, problems inter
state, intrastate, community-wise,
county-wise and village-wise. And it
recognized that the formulation of de
crees presented problems of con
siderable complexity and I venture
to add, problems of overwhelming
magnitude. . . .
The alternative to the exercise of
the power to permit gradual adjust
ment would be to adopt the view as
serted by the Plaintiffs, that their
rights are personal and present and
require immediate enforcement with
in the limitation stated by Mr. Mar
shall, forthwith enforcement, subju-
gative of the rights of millions,
superior to the preservation of any
semblance of public education in
many parts of this country, provoca
tive of unending chaos, engendering
of racial bitterness, strife and possible
circumstances more dire.
Forthwith enforcement, in terms of
the definition of our adversaries
would be preemptive of the right of a
sovereign people to call upon their
own elective representatives in their
state legislatures to promulgate state
policy and enact laws consistent with
the constitution for the maintenance
and administration of their own pub
lic school system. . . .
SCHOOLS WOULD CLOSE
The high schools of Prince Edward
County, not in defiance of the man
date of this court, but under the im
perative necessity of relentless cir
cumstance over which they have no
control, would cease to operate.
They would remain dormant until
an orderly and lawful solution could
be brought about.
I say in all candor and frankness to
this Court, that solution, whatever it
may be, will not in my judgment in
the lifetime of those of us hale and
hearty here, be enforced integration
of the races in the public schools of
that county. . . .
This Court, in all deference, should,
therefore, afford a reasonable oppor
tunity to work with as much expedi
tion as possible, in good faith as state
governmental machinery will permit,
to evolve a solution acceptable to a
majority of our people and consistent
with the constitution of our country.
We therefore respectfully submit
that this case be remanded and the
Court of first instance be allowed
discretion in the light of relevant cir
cumstances and tradition. . . .
May I for a moment, touch upon
this problem of uniformity of ap
proach with the decree? Our problem
can not be solved, if it please the
Court, through uniformity of ap
proach statewide at the state level.
LOCAL AUTHORITY
Broad nondiscriminatory discretion
to be exercised without discrimina
tion must be vested in local school
boards to cope with varying condi
tions extant throughout the state.
No blanket forthwith decree enter
ed by any court could possibly do
ought but preclude an approach to a
solution and not only turn the clock
back education-wise, far beyond
Plessy vs. Ferguson, but wreak dam
age upon the hearts and minds of
children to quote the opinion of May
17 in a way unlikely to be ever un
done. . . .
This Court has said that public edu
cation is the most important function
of state and local government. Vir
ginia and her sister states of the south
are in full accord with the soundness
of that statement. For nearly a cen
tury we have proceeded under the
sanction of law.
Suddenly we are told we are per
forming the most important function
of state and local government in
violation of law.
If education—and we agree—is the
most important function of state and
local government, then the state and
local government have the right to
cope with the problems thus created
in the discharge of their functions and
to be given a reasonable time to set
in motion governmental processes,
designed to respond to the educa
tional requirements of their own peo
ple. . . .
Now, with the attitude that has
flourished, our friends sing their siren
song entitled “The People of the South
are Law-abiding People.” In the next
stanza they urge this court with un
warranted and undue force, to press
this crown of thorns upon our brow
and hold the hemlock cup to our lips.
Yes, we are an orderly law-abiding
people. We lead in giving law and
order to the nation, we washed the
18th amendment out of the Constitu
tion and flooded the Volsted Act to
oblivion on the stream of our honest
spirits because it affected the way of
Southern Education Reporting Service
P.O. Box 6156, Acklen Station
Nashville, Tenn.
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Letters
Continued from Page 1
ly, that Southern School News had
been completely objective, that it was
being widely used, that SERS should
be continued beyond June 30, 1955,
and that a modest subscription fee
was entirely justified. At its meeting
on March 6, 1955, the SERS board
authorized a subscription fee, effec
tive with the July issue of Southern
School News.
Accordingly and by authority of the
SERS Board of Directors, I herewith
submit a formal request for an addi
tional grant of $213,884 from the Fund
for the Advancement of Education to
continue the Southern Education Re
porting Service for two full years be
yond the original terminal date, June
30, 1955. The request is based on the
following general understandings:
1. That there be continued insist
ence upon the highest possible
standards of objectivity and
factual accuracy;
2. That the grant from the Fund be
used to underwrite the basic
operating costs of the Reporting
Service;
3. That subscribers to Southern
School News be asked to pay a
minimum subscription fee to
cover the cost of printing, mail
ing and maintaining mailing
lists;
4. That no other sources of revenue
be sought;
5. That the SERS board continue
to exercise all policy making and
general supervisory functions,
and that the same high quality of
manging direction of the enter
prise be maintained;
6. That this will constitute a ter
minal grant from the Fund.
The requested grant of $213,884 is
based on the operating experience of
the past ten months. It would be al
located as follows: $106,192 for the
fiscal year beginning July 1,1955, and
ending June 30,1956; $107,692 for the
fiscal year beginning July 1, 1956 and
ending June 30, 1957.
An itemized budget estimate for
each year is attached.
Since George Peabody College for
Teachers in Nashville was designated
by the SERS Board of Directors to
continue serving as SERS fiscal agent,
I would suggest that any funds avail
able be granted to Peabody College
for disbursal to the SERS.
It will be of interest to you that
the SERS Board of Directors, at its
March meeting, also designated the
Joint University Library in Nashville
as the permanent repository for the
extensive collection of contemporary
materials on the segregation-deseg
regation issue now being assembled.
It is understood that any unused
funds will revert to the Fund for the
Advancement of Education.
Sincerely,
Virginius Dabney
Mr. Virginius Dabney, Editor
Richmond Times Dispatch
Dear Mr. Dabney:
I am pleased to respond to your
letter of April 11, 1955 to Mr. Clar
life of the American people.
We have that problem multiplied
now. The people of Virginia devoutly
committed to the cause of education,
look to this Court as their trustee of
the power. . . .
ence Faust in which you request con
tinued support for the Southern Ed
ucation Reporting Service for the
period July 1, 1955 to June 30, 1957.
We understand from your letter
that the Reporting Service estab
lished last year has succeeded beyond
your hopes and expectations. We are
happy to note that your judgment as
to the objectivity, impartiality and
usefulness of Southern School News
is overwhelmingly supported by those
persons for whom it was originally
conceived. This is indeed a fine trib
ute to you and the members of your
Board as well as to Mr. C. A. Mc-
Knight, your director.
We understand from your letter
that, as a result of a recent survey
undertaken by your Board, you are
strongly persuaded that there is an
important need for the continued
publication of Southern School
News, at least for two years beyond
the originally planned terminal date
of June 30 of this year. We under
stand further that you believe it both
feasible and appropriate to cover cer
tain costs of continued publication by
a nominal subscription fee.
Finally, we understand that, in
submitting your request for addi
tional support for the period July 1,
1955 to June 30, 1957, you propose:
1. That there be continued insist
ence upon the highest possible
standards of objectivity and
factual accuracy.
2. That the grant from the Fund
be used to underwrite the basic
operating costs of the Reporting
Service.
3. That subscribers to Southern
School News be asked to pay a
minimum subscription fee to
cover the cost of printing, mail
ing and maintaining mailing lists.
4. That no other sources of revenue
be sought.
5. That the SERS Board continue
to exercise all policy making and
general supervisory functions,
and that the same high quality of
managing direction of the enter
prise be maintained.
6. That George Peabody College for
Teachers continue to serve as
SERS fiscal agent.
7. That this grant constitute a ter
minal grant from the Fund.
With these understandings, I am
pleased to advise you that the Fund
is, in accordance with your request,
herewith granting to George Peabody
College $213,884 to support the basic
operating costs of the Southern Ed
ucation Reporting Service for the
period July 1, 1955 to June 30, 1957.
We propose to make payments under
this grant according to the following
schedule: July 1, 1955—$31,192; Oc
tober 1, 1955—$25,000; January 1,
1956—$25,000; April 1, 1956—$25,000;
July 1, 1956—$32,692; October 1, 1956
—$25,000; January 1, 1957—$25,000;
April 1,1957—$25,000.
We hope you will not find it bur
densome to submit brief quarterly
financial statements, and we would
like to have a detailed financial re
port as of June 30, 1956 and at the
close of the grant period. We note
that any funds not required for the
purpose of this grant will be returned
at the conclusion of the period. Be
cause of our very real interest in the
SERS, we should like also to receive
periodic reports as to the size and
composition of the circulation of
Southern School News, but we
would ask that no special reports on
this subject be prepared specifically
for the Fund.
As you know, it is not our practice
to make public announcements ol
Fund grants. We are, of course,
wholly agreeable to your taking such
action in this regard as you deem
appropriate.
It is difficult for me to put in writ
ing the high regard in which the
Southern Education Reporting Serv.
ice is held by our Board of Directors.
Their action in making available the
requested additional support speaks
for itself. Over and above that, how- .
ever, there is on the part of each 1
member of our staff a deep convic
tion that this undertaking has been
one of the most exciting, most suc
cessful and most significant which the
Fund has been privileged to support.
We are confident that it will continue
so in the years immediately ahead.
I am sending copies of this letter
to Mr. McKnight and President Hill
for their information.
Sincerely,
John K. Weiss
Treasurer
Extension
Continued from Page 1
of several hundred subscribers to
Southern School News showed near-
unanimous approval.
In his letter to Clarence H. Faust
president of the Fund, SERS Chair
man Dabney wrote:
“In the judgment of the SERS
Board of Directors, the Reporting
Service has succeeded beyond our
hopes and expectations. In the thou
sands of letters and post-cards re
ceived at the Nashville office, in the
many references to SERS in newspa
pers, magazines and other media of
communication, there is overwhelm
ing and uncontradicted testimony to
the success of the Reporting Service
in achieving high standards of im
partiality, objectivity and factual
accuracy.
“Moreover, there is abundant eyi-
dence that SERS is meeting a major
need by supplying a documentary ac
count of developments as they hap
pen, state by state, and that South®-'
School News is being used extensive
ly as an authoritative and uniqu
source of detailed information abou
events in the wake of the Supre®
Court opinion.”
POLICY CONDITIONS j
In requesting that the Fund un
write the Reporting Service for ^
more years, Dabney outlined seve *
general understandings of
which were endorsed by the r
when it announced the new gra 11
REPLY FROM WEISS . (
In a reply to Dabney announc-
the $231,884 grant, John K. Weiss^
sistant vice president and treasui
of the Fund, wrote: . t0
“It is difficult for me to P“‘ ^
writing the high regard in whic
Southern Education Reporting
ice is held by our board of dir ^
Their action in making avails' 5
requested additional support spe
for itself. ve r.
“Over and above that, ho ^
there is on the part of each me (
of our staff a deep conviction ^
this undertaking has been one ^
most exciting, most success! ^
most significant which the Fun ^
been privileged to support. jp
confident that it will continue
the years immediately ahead.