Newspaper Page Text
SOUTHERN SCHOOL NEWS—July 6, 1955—PAGE 13
^lore Litigation Likely Soon In
Delaware’s State Courts
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WILMINGTON, Del.
I ,HE segregation-desegregation is-
sUe w ill move once more into the
;tat e Court of Chancery this autumn.
3 On the one hand, Wagner Jackson,
-resident of the Wilmington chapter
jf the National Association for the
advancement of Colored People, has
gid that any segregated school dis-
[jict that makes no “concrete” move
•oward integration will be hailed into
court.
On the other hand, most, if not all,
the school districts in Southern Dela
ware plan to wait and see what hap
pens before they take any “concrete”
step toward integration.
And, in general, impartial observ
ers put it this way: “Even if one or
two or possibly three white school
district boards of trustees take what
are considered ‘concrete steps’ to
ward integration, in keeping with the
Supreme Court decree, there will
nonetheless be those districts that will
take a chance on litigation.
STATE COURT JURISDICTION
The issue in Delaware will be
thrashed out in the State Court of
Chancery (equity) rather than in the
federal district court, since all the
previous integration cases have been
tried there. The ultimate appeal in
Delaware will be before the State Su
preme Court whose record so far is:
Two decisions in favor of integration
and one against.
In the meantime, a reorganized
State Board of Education—the ulti
mate school authority in Delaware—
will come onto the scene later in
July or early August—and is expect
ed to adopt some policy toward inte
gration in the light of the U. S.
Supreme Court decree. Just what
that policy will be, will depend a
great deal upon two appointments to
be made to the State Board of Educa
tion by Gov. J. Caleb Boggs.
The Democrat-controlled House of
Representatives of Delaware has
twice defeated a proposed fair em
ployment practices law, despite the
Party’s platform of 1954 that it would
undertake such legislation.
This left the single Negro repre
sentative, Paul Livingston of Wil-
*fflgton, quite disconsolate and bitter
ward some of his fellow Democrats.
However, the vote on the two oc
casions was interesting, because it
-tossed sectional lines as far as the
eir| ocrats were concerned. The
aandfui of Republicans in the House
Representatives voted for the fair
employment practices bill. But on the
Democratic side, representatives from
southern Delaware—the stronghold
of segregation—were split.
And this vote, crossing sectional
lines, is considered a pretty good ba
rometer of how the legislators would
vote on any school segregation issue
that might arise.
NEW BOND ISSUES
However, nothing specifically relat
ing to integration in public schools
has come up. Bond issues for school
buildings will be on the old separate
but equal basis.
Also, the General Assembly is in
clined to vote a $2,500,000 bond issue
for Delaware State College near Do
ver for building purposes, even
though this college (for all practical
purposes a Negro college) failed re
cently to become accredited.
And there still is pending in the
General Assembly (as of early July)
a bill to wipe out the State Board of
Education and replace it with a state
wide commissioner of education.
This bill, introduced in the State
Senate by Sen. Walter Hoey of near
Milford, is regarded merely as a
“threat” in case any concerted move
ment is made to bolster integration
in the state schools.
The General Assembly of Delaware
also has passed a law that requires all
public agencies—state, county and lo
cal—to allow the press and the pub
lic to attend their meetings. The law
also says that no decisions can be
made by these agencies in executive
session. This may turn out to be a
law favored both by integrationists
and segregationists who want to
know just what school boards are
up to.
A very significant citizen-teacher
conference on integration was held in
Dover, the state’s capital, early in
June.
This was a meeting called by the
Delaware State Education Associa
tion, the all-inclusive teaching pro
fessional organization of Delaware
that has no color line as to its mem
bership.
Back in 1953, before the May 17,
1954 opinion of the U. S. Supreme
Court was handed down, a committee
of educational professional people
was appointed. Though nothing dra
matic was accomplished by this com
mittee, apparently it did start to stir
thinking among the professional peo
ple of the state’s educational system
as to what ought to be done and
should be done, in the event the U. S.
Louisiana Asked (Continued)
(Continued from Page 12)
to consideration of mat-
„ budgetary a nd fiscal.” It will
Ma T®® 4 m re Sular session in early
y»1956.
I v R n easo p given, generally, for Gov.
I stru ,° ns ve b° °( the school con-
I Wo kiU is that the governor
g ra J’ ed a v ast highway building pro-
mi_, 1 an d felt that the program
I had * " ave suffered if any money
skuefi k e *li ver ted to school con-
ov er t / ca l observers are puzzlir
?ati 0 n 1 caan ge in attitude of segre
r ■ , ea der Sen. Rainach.
A,
Whe
^oun* 1 C ? Urt s decree of May 31 w;
Who h C ] ^ en - Rainach was or
Won’t ed U as a “mild” decree. “
0'adu a ] V '° r ^ out —but at least it
at thetim rather Iban abrupt,” he sai
Stater!’ —
v flle, ’lohn Garrett of Haync
the fj r , a er °f segregation forces
segregation
c aUed «®’ We nt even further.
k thp J j.1
Pri
- ue p mildest decree the Si
balded doilin'” ® oss *kly could ha’
’ . however, the segregate
W of
en - Rainach have steppi
up their campaign to oppose integra
tion, as evidenced by their request
for $100,000 immediately for attorney
fees.
One suggested explanation that ob
servers are giving is that the segre
gation forces have viewed with alarm
Gov. Kennon’s veto of their school
construction bill.
They now feel, this suggested ex
planation continues, that the “segre-
gation-at-any-cost” exponents are
not as strong as expected.
The East Baton Rouge Parish
School Board has been presented a
petition asking that it take “immedi
ate steps” toward doing away with
segregation in Baton Rouge’s public
schools.
The petition was submitted by the
Baton Rouge chapter of the NAACP
and set forth three points:
Formation of an interracial com
mittee (composed in a manner to be
agreed upon later) before Aug. 1,
to discuss ways and means of best
implementing the Supreme Court de
cisions.
Elimination of all racial reference
to all schools, school board property,
including records and other material,
this to take place “as soon as prac
ticable.”
Elimination of the classification of
students or teachers based on race
or color, this to be done “as soon as
practicable before Aug. 1.”
Supreme Court wiped out the sepa
rate but equal policy of the state’s
schools.
Then came the U. S. Supreme Court
decision, and in the 1954 meeting, the
DSEA, without any opposition within
the group, decided to continue this
special committee. At the same time,
the organization called for “speedy
and judicious compliance with the
Supreme Court decision and ultimate
decree” in the state’s schools and
urged that the state’s compulsory at
tendance law be enforced.
FEW ACCEPT
So, early in June of this year, this
special committee, now known as the
Interracial Committee and headed
by Jack Caum, principal of the Col-
wyck School in New Castle County,
prepared to hold a meeting of lay and
professional people. One of the stated
purposes of this meeting was to assist
school authorities in an easy transi
tion toward integration and “to cush
ion inevitable changes” within the
school system.
Invitations were issued to 45 lay
individuals and 22 members of the
DSEA to attend the first meeting.
However, only four lay people and 11
professionals accepted the invitation,
in adition to the members of the
DSEA committee.
This seemed to indicate that lead
ing laymen throughout Delaware
were hesitant about being linked
openly with such a committee. How
ever, the committee proceeded with
its meeting. A subcommittee was se
lected to meet with the State Board
of Education and with Atty. Gen. Jo
seph Donald Craven to discuss ways
in which the Interracial Committee
of the DSEA would offer aid in inte
gration. As this report is written,
there has been no contact as yet be
tween the subcommittee and either
the State Board of Education or the
attorney general.
The general meeting of the main
committee and the 15 laymen and
professional educators also decided
that the chairman should appoint a
three-member subcommittee of lay
men and professionals for each of
Delaware’s three counties to serve as
steering committees for developing
exploratory and planning procedures
toward integrational transitions in
school districts.
Dr. George R. Miller, Jr., state su
perintendent of public instruction,
when he heard of the subcommittee
selected to meet with the State Board
of Education, said he would welcome
such a meeting but suggested it would
be better to wait until later in the
summer when the State Board of Ed
ucation is reorganized.
Delaware now has four NAACP
branches—Wilmington, Newark, Kent
County and Sussex County.
The Wilmington chapter has been
spearheading the integration battle in
Delaware and Wagner Jackson, pres
ident of the Wilmington chapter, says
a move is on foot to create a state
“congress” of NAACP chapters in
preparation for the litigation ahead.
Jackson, returning from the Atlan
tic City convention of the NAACP,
said the Delaware members of the
NAACP are determined in their pol
icy to sue any school district in Dela
ware that does not show evidence of
good faith and take “concrete” steps
toward integration in 1955-56.
“And we don’t mean empty surveys
or reports that are just cover-ups,”
Jackson said. “We mean ‘concrete’
steps in good faith. Otherwise we sue
—and we proceed on the basis of the
most recent Supreme Court decree.”
Wilmington, the largest city in the
state, located in the north of Dela
ware, is now preparing for its second
step toward full integration in its
schools. As in the summer of 1954,
all summer schools for children who
—Chicago Defender
have to make up deficiencies in their
studies, are on a completely inte
grated basis. During the 1954-55
school year, only the elementary
schools of the city were integrated.
The following report has been is
sued by Dr. Ward I. Miller, superin
tendent of the Wilmington schools,
outlining the steps to be taken in
1955-56:
“On Aug. 2,1954, the Board of Pub
lic Education in Wilmington approved
a plan of integration for the city pub
lic schools.
“First steps, to be taken during the
school year 1954-55, authorized the
desegregation of all elementary
schools, the transfer of pupils from
one vocational high school to the oth
er and the admission in all senior
high schools of pupils desiring ad
vanced work in any subject not of
fered in the high school now attended.
“Integration of elementary pupils is
now virtually complete. Approxi
mately 68% of boys and girls in the
elementary grades now attend units
enrolling both white and Negro stu
dents. The remaining 32% attend
schools located in areas where inte
gration is not a problem. Due to care
ful planning and thorough super
vision on the part of principals, teach
ers and parents, this step has been
accomplished without serious inci
dent.
FURTHER STEPS OKAYED
“Only one pupil requested transfer
from one senior high school to anoth
er. Because of the nature of the work
desired, and the lack of adequate
preparation, all agreed that this stu
dent should complete his work in the
school presently attended.
“On May 24,1955, the board author
ized the Staff to take further steps,
to be accomplished during the school
year, 1955-56.
“These steps include the integra
tion of all seventh grade pupils in the
junior high schools and the admission
into the senior high schools of pupils
in grades 10, 11 and 12 who desire
instruction in courses not offered
completely in the school to which
they would otherwise be assigned.
“The procedures to be followed are
similar to those established for the
integration of elementary pupils:
“1. Attendance areas will be estab
lished around each junior high school.
“2. Pupils will normally attend the
junior high school located in the at
tendance area. However, in accord
ance with the practice followed for
many years, parents may request
transfer of their children to another
unit. Re-assignment will be approved
provided space in other schools is
available.
“3. All requests must be made in
writing on forms especially prepared
for this pin-pose, must state the rea
son for the request of transfer, and
must be signed by a parent or guar
dian. These requests must be re
ceived in the office of the Director
of Personnel, School Administration
Building, not later than Friday, July
1,1955.
4. All requests will be reviewed
and action taken by Friday, July 8.
“5. Pupils completing their work
at Bancroft junior high school who
desire to enroll in a high school oth
er than Howard high school must
also present a written request. Special
forms will be supplied for this pur
pose, to be returned to the Director
of the Secondary Schools.
“6. Transfers of teachers will be
considered after the enrollment of
pupils is known.”
OLD DISTRICTS RETAINED
School attendance areas as outlined
in Wilmington are not new ones but
those areas that have been in force
for years.
In the meantime, other school dis
tricts in northern Delaware that have
had integration policies are continu
ing them for the next school year
with slight expansions but are re
fraining from giving these expansions
too much publicity.
As to the question—How many Ne
gro children have actually attended
mixed classes in Delaware during this
past school year?—it is extremely
difficult to come up with a realistic
figure.
The reason is that most school of
ficials are taking the attitude that the
sooner they differentiate between
white and Negro children in school
records, the better.
Another reason is the attendance
figures are extremely fluid and offi
cials are hesitant about giving out
figures until all the statistics of the
past school year have been collected
and analyzed.
However, by August, official reports
from all school districts will be on
hand, will have been submitted to the
State Board of Education, and the
mixed attendance picture will be in
more accurate focus.
WARY ON POLICY
In Delaware, school authority is
more centralized than in many other
states. Hence, the State Board of Ed-
uqation (appointed by the governor)
and the State Department of Public
Instruction are keys to the develop
ment of integration in Delaware.
The department and the board are
on record already as favoring an or
derly transition toward integration,
but with the reservation that the ul
timate decision of when and how in
tegration shall come about should rest
with the local district boards of trus
tees.
That has been the policy during
this past school year. It has had the
support of Gov. Boggs and of the
Democratic and Republican parties,
as expressed in their 1954 political
platforms.
However, the Milford “incident’’ in
the fall of 1954 and the advent of
Bryant Bowles, president of the Na
tional Association for the Advance
ment of White People, virtually put
on the brakes on pushing integration
into districts that had not accepted
the May 17, 1954 opinion of the U. S.
Supreme Court by last fall.
Now, the State Board of Education
and the State Department of Public
Instruction are extremely wary of
making known any new integration
policy.
An example of this: Early in June,
G. Tyler Coulson, Wilmington attor
ney and a member of the State Board
of Education, made the following pro
posal to the board for action:
PROPOSALS SHELVED
“That the State Board of Education
would issue a directive to every one
of the 105 school districts in Dela
ware to prepare for opening of their
facilities to any student in their at
tendance area, regardless of race.
“That this would apply to Negro as
well as white school districts.
“However, school districts in Del
aware that did not wish to comply
with this directive, would have to
state their reasons in writing to the
State Board of Education. The school
districts would have to give an ap
proximate time as to when they would
be ready to comply with the direc
tive.
“Such school districts would be
given time, provided the State Board
of Education was satisfied that the
reasons were presented in good faith.”
However, the State Board of Edu
cation, after discussing this proposal,
decided not to take action because
two of its northern Delaware mem
bers go off the board this summer.
And it was felt that such a proposal
should be taken up by the board when
two new members are appointed and
the board reorganized.
Coulson and O. H. Small of Wil
mington are the members whose
terms expire.