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PAGE 14—June 8, 1955—SOUTHERN SCHOOL NEWS
Virginia
RICHMOND, VA.
rjfiHREE court cases—in addition to
the big one in Washington—fig
ured in the segregation-desegrega
tion news in Virginia during May.
One involved a state park, another
had to do with recreational facilities
in Maryland, and the third dealt with
a public lake in Petersburg.
The first, in the Federal District
Court at Norfolk, was a continua
tion of efforts of a group of Negroes
to win the right to use Seashore
state park on the Chesapeake bay.
The suit originally was filed in
1951 but had been continued generally
at the plaintiffs’ request pending the
school segregation decision by the
United States Supreme Court.
GRANTED INJUNCTION
In February of this year the Vir
ginia Department of Conservation
and Development announced it
planned to lease Seashore park to a
private operator. The Negro plain
tiffs asked, and Judge Walter E. Hoff
mann granted on March 12, a prelimi
nary injunction restraining the de
partment from leasing the park.
Late in April, Judge Hoffmann told
opposing counsel that the only issue
involved was: “Does the court have
the authority to tell the state to write
in its lease that the lessee must ad
mit everyone regardless of race,
creed or color?”
Last month the State of Virginia
filed with the court a brief declaring
that the federal court has no power
to order the unsegregated operation
of any state park rented to a private
operator.
The brief said that if the state
leases the park, the relationship
would be the normal one of land
lord and tenant, with nothing in
volved such as “an agency relation,
master-servant relation, an employ
er-employee relation, or a licensor-
licensee relation.”
STATE STANDS TO LOSE
On the other hand, attorneys for
the Negro plaintiffs filed a brief argu
ing that the federal court’s authority
to force the state to admit Negroes to
the park would carry over to a pri
vate operator who leased the facility
from the state.
“Justice would be blind,” said the
plaintiffs, “if she failed to detect the
real purpose in the effort of the State
of Virginia to clothe a public func
tion with the mantle of private re
sponsibility . . . An injunctive decree
may bind not only the parties de
fendant but also those who are rep
resented by them or are subject to
their control or in privity with them.”
Meanwhile, Parks Commissioner
Randolph Odell reported that the
state will lose approximately $2,500
a week in gross revenue as long as
Seashore park remains closed. Eight
of the state-owned parks opened offi
cially on May 16, but Seashore re
mained closed pending outcome of
the court case.
Odell said the losses will include
approximately $1,500 from cabin fees
and $1,000 from other income.
CASE ON APPEAL
The United States Fourth Circuit
Court of Appeals, which in March
held that racial segregation in public
parks and playgrounds in Maryland
was unconstitutional, said last month
that it was powerless to enforce its
decree this summer because the case
has been appealed to the Supreme
Court.
Robert L. Carter, of New York,
an attorney for the National Associa
tion for the Advancement of Colored
People, had sought to have the court’s
decree enforced so that desegregation
would occur this summer in the rec
reational facilities.
But Judge John J. Parker, speak
ing from the bench here in answer to
a question, told Carter that the parks
and playgrounds could be operated
on a segregated basis “unless the Su
preme Court does something about
who complained that they were
barred from using the municipally-
owned Wilcox lake in Petersburg, a
city of approximately 35,000 persons,
42 percent of whom are Negroes.
The city asked that the complaint
be dismissed on the ground that the
city does not plan to operate the lake
in 1955. City Attorney Willis W. Bo-
hanan told Judge Sterling Hutche
son that the recreational area has not
been open since Sept. 8, 1953, and
that the city takes the position the
whole question “has become moot.”
But Attorneys J. Hugo Madison
and James A. Overton, representing
the Negroes, argued against dismissal
because, as Overton put it: “There
is nothing under the sun to prevent
the city from meeting at any time
and reopening the lake at will.” They
argued, further, that the city had
failed to show any “deficiency” in
the Negroes’ original complaint.
Judge Hutcheson agreed with the
city’s position and dismissed the suit.
ANNIVERSARY DISCUSSION
Two attorneys who have had a part
in the Prince Edward County segre
gation case—one of the five cases in
volved in the Supreme Court’s segre
gation decision—participated in a
panel discussion in Richmond on
May 17, the first anniversary of the
historic court decision.
Oliver W. Hill, chairman of the Vir
ginia State Conference legal com
mittee of the NAACP, argued for in
tegration, while John W. Riely, who
has helped defend the Prince Edward
County School Board in the segrega
tion suit, presented arguments on
that side of the question. The other
two participants in the panel discus
sions were Collins Denny, Jr., coun
sel for the Defenders of State Sov
ereignty and Individual Liberties,
and the Rev. John H. Marion, pastor
of Bon Air Presbyterian Church.
The discussion was the first in a
series of Virginia Forums, sponsored
by the Richmond Times-Dispatch and
Radio Station WRNL which will deal
with topics of current interest. About
1,000 persons attended the session in
a local high school auditorium, and
others heard it broadcast over WRNL.
Hill said that “the failure of some
Virginia communities to initiate pro
grams of desegregation was due sole
ly to the prohibitory action taken by
a few unenlightened persons occupy
ing governmental positions of great
responsibility.” Asked what is the
ultimate goal of the NAACP, he said
it is to obtain for all citizens—white,
Negro, Chinese and others—the rights
guaranteed under the Constitution.
‘ROOM FOR COMPROMISE’
Riely warned against too drastic
action on either side. He pleaded for
retention of the public school system,
and declared that “there is room for
compromise.”
Dr. Marion likened the thinking of
many Southerners to the thinking of
Henny-Penny of the Mother Goose
story. He said slavery passed and
the skies didn’t fall and that “there
is a growing number of southerners
who think segregation is not a part
of our Southern skies any more than
slavery was.”
Denny said: “Sugar-coat it as you
will, the ultimate choice is simply ra
cial amalgamation or racial purity.
... The final step is complete social
intercourse and intermarriage. . . .
Our views have not been changed by
the court’s opinion. We still choose
racial separateness.”
Two days prior to the Forum, Dr.
Marion had announced his resigna
tion from the pastorate of Bon Air
Presbyterian Church in order to be
come executive secretary of the Vir
ginia Council on Human Relations.
The council, he explained, “takes the
position that compulsory segregation
is out of accord with the spirit of de
mocracy.”
Speaking to a rally on May 17 in
Richmond, marking the first anni
versary of the court decision, Mor-
decai Johnson, president of Howard
University, in Washington, declared
that the court ruling “is releasing a
quiet, continuous and drastic revo
lutionary impulse in the area of the
former slave states.”
Don’t underestimate the sincerity
and seriousness of the distinguished
See VIRGINIA on Page 15
Parochial School Report Given
wcm mvn it a £-
it.”
The third court case, in the federal
district court at Richmond, involved
a suit brought in 1953 by 32 Negroes
RICHMOND, VA.
REPORT on the first year’s ex
perience with integration in
Catholic schools of Virginia has been
given Southern School News by the
Very Rev. J. L. Flaherty, diocesan
superintendent of schools.
The report was based primarily on
answers to a questionnaire which
Msgr. Flaherty sent to 14 formerly
all-white Catholic elementary and
high schools which have Negro stu
dents this year for the first time.
The 60 Negro pupils are distributed
in grades from kindergarten through
the ninth grade. They represent
about 1.1 per cent of the total en
rollment of 5,228 in the 14 schools.
(The diocese has not abolished
segregation completely. It continues
to operate Negro schools, but allows
Negro children to attend the white
schools in areas where there are no
Negro Catholic schools.)
SOME CHILDREN WITHDRAWN
Fourteen white children have been
withdrawn from seven of the schools
by their parents because of the
schools’ acceptance of Negro pupils.
None of the schools anticipates that
integration will have any further ad
verse effect on enrollment next year.
All the schools answered “No” to
the question: “Have Negro children
presented any health or sanitation
problems?”
All answered “None” to the ques
tion: “How many Negro children
have presented serious disciplinary
problems?”
Another question asked about any
“complications” arising as a result of
the presence of Negro students. In
most cases, the schools said there
were no such complications, but sev
eral did report some difficulties.
Two of the Catholic high schools
reported that public schools declined
to play them in basketball because
MSGR. FLAHERTY
of the presence of Negroes on the
team.
One of these two schools reported
difficulties arising from the fact that
on basketball trips, a Negro player
could not go into restaurants and
eat with his teammates.
Another school, where the students
use a public playground, reported that
the Negro students had to remain on
the convent grounds at play periods.
In another case, class trips to a State-
owned park had to be abandoned be
cause Negroes are not allowed in
those facilities.
In the space for “remarks” on the
questionnaire, one principal reported
that the Negro pupils were “often
tardy” and often came to school
without lunches.
Other remarks by principals in
cluded the following:
“We haven’t had any kind of prob
lem. Everything has been most sat
isfactory. You would never know
Louisiana
NEW ORLEANS, La.
OUISIANA appeared on the verge
of a statewide school building
program, despite the Supreme Court’s
latest decision.
The high court’s latest ruling came
only one day after the Louisiana Sen
ate and House put the finishing
touches on a $33.5 million bill provid
ing funds to build local schools.
Purpose of the bill’s backers, ac
cording to political reports, is to es
tablish “separate but equal facilities”
throughout the state.
However, even the bill’s biggest
backers, including State Sen. W. M.
Rainach of Summerfield, chairman of
the Joint Legislative Committee to
Preserve Segregation, say that the
finally adopted bill has been trimmed
considerably.
ORIGINAL PROPOSALS
As originally proposed prior to the
May 9 opening of Louisiana’s first
fiscal session, segregation forces
wanted:
Ninety-nine million dollars over
the next three years for “immediate”
construction.
A total of $225 million over the
next 10 years, the money to be
handed over to local parishes
(counties) on a combination “per-
educable”-even division formula
to be spent for local school con
struction.
Tidelands oil, Louisiana’s shim
mering caldron of untold riches, was
to pay for the bill for the entire pro
gram.
But the plan ran into trouble from
the beginning.
Gov. Robert F. Kennon let it be
known that he was not in favor of the
program, but rather supported his
own favorite idea—a huge highway
building program. The cost of this,
too, would be borne by tidelands oil.
The school bill was changed even
before introduction, and as finally
presented to the House by Rep. John
Garrett of Haynesville, appropriated
a total of $33.5 million to provide a
system of capital outlay grants to
parish school boards “for the purpose
of meeting emergency needs, for the
development of school plants, includ
ing renovation and repair and con
struction, in order to provide ade
quate minimum facilities for all ele
mentary and secondary school chil
dren.”
LOST FIRST TEST
The appropriation was to be split,
with $8.5 million to be appropriated
to the State Board of Education for
the 1954-55 fiscal year, the remaining
$25 million for the next fiscal year.
The bill lost its first test of strength
when it received an unfavorable re
port from the House Committee on
Appropriations.
However, the bill was brought out
of committee on a minority report
and passed by the House with a num
ber of floor amendments.
The amendment left the $8.5 mil
lion appropriation unchanged, but the
$25 million appropriation was split
into two parts—$3.5 million to come
out of the state general fund for the
1955-56 fiscal year and the remainder
to come from tidelands revenues over
and above the $47 million for 1955-56
fiscal year.
This in effect insured the backing of
the highway forces of Gov. Kennon
since a $15 million per year dedication
there was any difference in color on
playground or any place.”
“Opposition came from about six
mothers, all Army people. I offered
them transfers. They refused. Several
of these people have changed since
the original opposition.”
“At one afternoon high school ‘Soc
Hop’ we had trouble because of the
fact that two white high school boys
danced with two or three of the Ne
gro girls. Two threatening phone calls
resulted—one to the girls and one to
the school.”
One principal reported that eight
white students had attended a birth
day party at a Negro girl’s home.
FAILURE RATE HIGHER
The questionnaire, sent out before
the end of the school year, asked the
out of the tideland for highway con
struction was included in the $47 mil.
lion which took precedence over the
school claim, political observers point
out.
The rest of the $47 million includes
such already dedicated appropria
tions as the teacher “cost of living”
salary raise.
MATCHING FUNDS REQUIRED
Another amendment put forth by
the House provides that funds may
be distributed to the school boards
only on a matching basis, and in order
to receive money from these funds,
a board must certify to the State
superintendent of education that it
has available and will spend an equal
amount on the project for which it
requests assistance.
Finally, the House amendments re
quire that any funds not used within
18 months of the effective date of the
bill as finally enacted must be re
turned to the general fund.
The Senate added two more amend
ments, which received concurrence
by the House.
One, by Sen. William R. Boles of
Rayville, provides that school dis
tricts which have floated bond issues
since May 1, 1954, to equalize school
facilities would be eligible for the
matching aid.
As originally written, the bill pro
vided aid only for future construc
tion.
Sen. David MacHauer amended
what he termed “ambiguous word
ing” that each school district must
show it has made “every reasonable
attempt” to equalize school facilities
in order to be eligible for matching
aid.
MacHauer said the purpose of his
amendment was to provide that all
school districts could receive aid if
they can show they do not have equal
school facilities.
UNDER ATTACK
During Senate voting, the meas
ure came in for heavy attack from
Sen. Louis Mahoney of New Orleans
anl Sen. B. H. Rogers of Grand Cane.
Mahoney termed the bill “panic
legislation.”
“This panic,” he said, “was created
by us and our forefathers by delib
erately refusing to recognize the
needs of the minority.”
“We are 25 to 30 years too late.
Actually what we are trying to do is
to circumvent the decision of the U.
S. Supreme Court. I am not going to
go along with any propositions to
circumvent this decision.”
The bill still lacks the governor’s
signature, and Gov. Kennon has an
nounced he will take no action until
the first week in June.
He has until 10 days after the close
of the session June 8 to sign bills
into laws.
)
L.S.U. CASE IN COURT
Meanwhile, the Louisiana State
University segregation case reached
the federal courts for the seventh
time.
In the case, A. P. Tureau, Jr. of
New Orleans, son of the NAACP at
torney in New Orleans, seeks admis
sion to L.S.U.
The federal district court has al
ready ordered the youth admitted to
the undergraduate college, but L.S.U.
officials have appealed to the Fifth
Circuit from the injunction order.
principals how many of the Negro
pupils probably would be promoted
and how many would fail. Answers
showed that 42 were expected to pass
and five to fail, a failure rate which
Msgr. Flaherty said is a little higher
than the norm. (Schools with 13 Ne
gro children did not answer the ques
tion.)
In summary, Msgr. Flaherty said-
“We feel the reaction of Catholic
people has been very good. Of course,
we don’t know what goes on in the
hearts and minds of people, but very
little opposition has been evidenced-
Certainly it is fair to say that the
problem of integration becomes more
difficult as the proportion of Negroes
to whites in a school increases.’
He added that “two or three” addi
tional Catholic schools probably v/lU
accept Negroes in the fall.