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M umvcr\on run ullwWIA' OCT IS I35S libraries Factual VOL. 11, NO. 4 Southern School News Objective NASHVILLE, TENN. $2 PER YEAR OCTOBER 1955 Legal Activity Marks New School Year Court Roundup 27 Cases On Dockets As Year Begins I F THE SECOND SUMMER since the Supreme Court’s anti-segre gation decision was a time when Southern schoolmen boned up on their “homework” trying to solve the knotty problem of biracial education, attorneys throughout the region have been no less busy. In addition to the 17 legal cases pending prior to the May 31 Supreme Court pronouncement on the subject 10 new cases have been put in the legal mill since. Most of the legal actions were fed eral district court cases aimed direct ly at gaining admission for Negro students to formerly all-white schools. But in at least one case, in Georgia, equalization of separate fa cilities was sought, and in another, in Arkansas, equalization of teach ers’ salaries was the issue. In the state courts, there is a Texas case in which maintenance of segre gated schools is sought by means of the financial lever, while a Louisiana state court has been called on to decide if $100,000 of public funds can be used to finance the legal battle to keep Negro and white students sep arate. And in Florida, the state Su preme Court is preparing to hear a six-year-old case attacking segrega tion in the state university’s law school. Most of the cases involve efforts to win entry to primary and secondary schools. However, in addition to the Florida case concerning the state’s institutions of higher learning, simi- ' ar cases are on file in Alabama, North Carolina, Louisiana and Ten nessee, and one is anticipated in Georgia. A state-by-state exclusive South- ern School News rundown of the status of the pending litigations fol lows: Alabama—A four-month stay of a ■"junction opening the doors of tl University of Alabama has bee fFanted by the Northern Distri Gourt and upheld by the Fourth Cii CU K- ^ ourt Appeals, but may 1 subject to a speedy review by tb • S. Supreme Court. In this, tl . F school segregation case pendin p kbama, Authurine J. Lucy an °F Ann Myers Hudson brougl S f a ® a * ns *- the Board of Trustee the University July 3, 1953 “unde r e Fourteenth Amendment . . . t caress the deprivation of equ, secured by the Constitutio l*e United States.” Court recorc or f ^ as a ' c ^ ass action on whethe in a practice of defendam tj . en ylng Negroes admission at th diversity of Alabama is unconsti 'utional » A . * * * j se nes of legal maneuvers de whft, trial until June 29, 1955. ; Wa ” t * me t ^ le requested injunctio: w S ? ran ted. Motion for a new tri; 3 bled July 11, together with a Special Offer Southern School News received a number of in quiries concerning reprints of .1 ° 8 P e cial June article, *‘What p 6 Court Really Said,” by hav ^°bert Leflar. We now D . e a sufficient quantity of re- g u nts on hand for the use of » °° boards, PTAs and other ^bese may be obtained f or n \n SN 31 the rate of 82-25 Paid rn copies > urafled post- t>es I, , ateS ^ or * ar Ser quanti- be quoted on request.) i v lemo . . . to the Board Southern School News, written and edited by a crack corps of southern newsmen, is the only regular, complete doc umentary on what has hap pened in the region since the Supreme Court decision on public school segregation. It is available to school boards and other interest groups at the special bulk rates of— $1.50 @ to 5 or more per sons sent to one address. $1.75 @ to 5 or more per sons sent to separate addresses. Described by Newsweek as “the talk of educators and public officials throughout the South” and pronounced “im partial” by South magazine, SSN is an indispensable tool to the understanding of the pub lic school issue. To take advantage of the special bulk rates, write “Pro motion Director, Southern School News, Box 6156, Ack- len Station, Nashville, Tenn.” alternate motion for an amendment in the court’s finding of facts and conclusion. Both motions were de nied. Arkansas—In Civil Action No. 2736, in the Eastern District court, the case of James Wise v. the Board of Direc tors of Gould Special School District No. 40 of Lincoln County, was begun Jan. 9,1954 in an effort to secure equal salaries for Negro and white teachers. The defendants’ answer has been filed in this case but hearing has been postponed until Jan. 15, 1956. There also is pending in Arkansas’ Western District court a suit in which Negro patrons of the Bearden District in Ouachita County are seeking equalization of educational facilities. Filed in 1952, this suit included a sup plementary request that schools in the Bearden district be operated on an unsegregated basis, which portion of the suit has been reactivated since the Supreme Court decrees of May 17, 1954 and May 31, 1955. Federal Judge John E. Miller of Fort Smith has promised to rule in this case in the October term of court at El Dorado. Florida—Two state cases are pend ing here. In one of them, the state Supreme Court is expected momen tarily to rehear the suit begun in 1948 by Virgil Hawkins and four other Negro plantiffs to prevent the University of Florida from denying them admission to the law school. Only the Hawkins case remains ac tive. The plaintiff claimed in bring ing the action that equal facilities were not available to him elsewhere in the state. In August of 1950, the state’s high est tribunal held that while the offer of the state to grant the plaintiffs out-of-state scholarships did not sat isfy the constitutional requirements, the alternate plan for a law school at Florida A. & M. guaranteed them their full rights and met the state’s obligation to furnish equal educa tional opportunities. Hawkins took his case to the U. S. Supreme Court, contending that seg regation in education is unlawful even if facilities offered the two races are equal, and the U. S. court sent the case back to the Florida Su preme Court for final adjudication in light of its own mandate for desegre gation. In the second case, the five chil dren of Allen Platt are suing the J^S public schools in southern and border states began classwork with apparent record enrollments for the 1955- 56 year, legal activity over the segregation-desegregation issue increased markedly across the region. In the first summary of its kind, Southern School News counted at least 27 cases filed or pending in the lower courts. Ten of these suits had been instituted since the May 31 implementation ruling of the U. S. Supreme Court; eight in the past month. The school controversy in some areas appeared to be moving from the school board to the court room. Meanwhile a preliminary tabulation of attendance figures showed that 134,000 Negro children are now attend ing mixed schools in eight former segregation states and the District of Columbia. Of these, nearly 67,000 were rep resented by the nation’s capital. In a District registration of about 106,- 000, more than 63 per cent were Negro children—up two per cent from last year. Official and private groups oppos ing desegregation were increasingly active during September. Texas (where some 65 school districts now admit Negro pupils to former all- white schools) granted a charter to the Citizens Council. Many new councils were organized in South Carolina. A strong protest movement appeared to be developing in south ern Delaware. As in months past, there were no mixed classrooms at the public school level in Georgia, Mississippi, Louisiana, Alabama, Florida, North Carolina, South Carolina and Vir ginia. Where petitions were filed in some of these states, Negroes seeking de segregation continued to withdraw their names either voluntarily or under economic pressure. At the college level, Negro under graduates were enrolled for the first time in previously all-white state- supported colleges in Arkansas, and the University of North Carolina at Chapel Hill became the first major university in its area to admit Negro undergraduates—following a court ruling (which is being appealed). A state-by-state summary of ma jor developments follows: Alabama In the first application of the state’s new “placement” law, a six-year-old child was refused admission to a Covington County school. Economic Lake County school board and Supt. C. A. Vaughn, Jr., in an effort to re gain admission to the white school at Mount Dora from which they were ejected on grounds that they had Ne gro blood. Filed in January on the advice of Gov. LeRoy Collins, the suit contends the children are of Cherokee Indian, and not Negro, ancestry. Dragged out by a series of legal maneuvers, the case, which has taken on political overtones, has not been set for hear ing. Judge Truman G. Futch now has pending before him a motion to dis miss on grounds that he lacks juris diction in the case. Georgia—In Civil Action No. 3923 in the Northern District court of Georgia Mattie Jean and Fannie R. Aaron are suing the Atlanta Board of Education, through their mother, Willie R. Aaron, seeking equal school facilities for approximately 20,000 Negro children. Filed in Atlanta Sept. 19, 1950, this case named the individual board members and the city superintendent as defendants. In a second case, Horace T. Ward filed suit against the Regents of the University System of Georgia June 23, 1952, seeking admission to the Uni versity of Georgia Law School for himself and “for others similarly sit uated.” Kentucky—An answer was filed Sept. 11 in one of the most recent school segregation cases by attor neys for the Adair County Board of Education in response to a suit inau gurated Sept. 1 in the Eastern Dis trict Court at Bowling Green. Filed on behalf of 28 Negro high school and elementary grade students, the suit asked that a three-man court declare unconstitutional a constitu- (See 27 CASES Page 13) ‘The South’s Liberty Bell’ Charlotte (N.C.) Observer prisals against signers of petitions reported from three counties (in all, 13 petitions have been filed in Ala bama). Preliminary enrollment fig ures up 20,000, about one-third Negro. Arkansas Hoxie continued in the spotlight, with White America groups protest ing integration and the FBI investi gating certain aspects of the contro versy. Seven Negro undergraduates enrolled in previously all-white state colleges. Delaware Opposition to desegregation rising in south Delaware as the state count ed 1,230 of 10,500 Negro scholastics in mixed classes. The legislature was preparing to deal again with a controversial $44 million school bond issue. District of Columbia Eighty per cent of 169 public schools now have mixed classes. Nocn-o registration increased for 1955-56. Florida No desegregation in public schools. Pupils at two Air Force base schools (federally-onerated) attending mixed classes. Additional petitions filed. Georgia States Rights Council gaining im petus on a non-factional, statewide basis. Atlanta began seven-point desegregation study, with four peti tions filed. Kentucky “Splinter” integration reDorted in volving 300 or fewer of 43,361 school- age Negro children. With Lexington schools opened to Negroes, only 21 of estimated 2 632 eligible children ap plied. Kentucky’s first court action under way. No anti-desegregation activity reported in state. Louisiana State awaiting court tests of $100,- 000 fund appropriated to fight de segregation suits and of two of three legislative acts adopted to preserve segregation. Maryland Four thousand of 92,000 Negro school children in state believed at tending mixed classes, with integra tion in effect in eight of 23 counties plus Baltimore city:—where 63 Ne gro teachers are employed in inte grated schools as against six last year. Pro-segregation groups reported in creasingly active. Mississippi State’s official Legal Educational Advisory Committee presented six- point plan to preserve segregation, endorsed by 60,000-member Citizens Council. Among other things, plan would bar stirring up of litigation state lawyers who might appear in and require “screening” of out-of suits. Missouri Estimated 85 per cent of state’s Negro children attending mixed classes. Survey shows 135 of 172 high school districts having Negro enroll ment in process of desegregation. North Carolina Gov. Luther Hodges reports “for the present” his voluntary segrega tion program is meeting “over whelming” acceptance. First Negro undergraduates admitted to Univer sity of North Carolina. Oklahoma Survey shows 264 schools with mixed classes. Total of 127 Negro teachers dismissed to date as result of statewide policy of desegregation. South Carolina Activity of Citizens Councils in creasing. State government has inte gration petitions under investigation. Total school enrollment up about 15,000 to 570,000. Tennessee Protests heard as 85 Negro junior and senior high school pupils enter federally-supported Oak Ridge school system. Chattanooga educa tion comissioner withdraws pro-de- segregation statement. Integration suit filed in Nashville, while Negro PTA in Davidson County, seeking equal school, says it prefers segrega tion. Texas Federal judge rules Dallas may continue to operate schools he finds “separate but equal.” Sixty-five of 1,800 districts desegregated, with two per cent of Negro scholastics now eligible to attend Texas schools. Citizens Council activity increasing. Virginia Gov. Thomas B. Stanley to call special session of legislature (prob ably in mid-November) to deal with school issue. Norfolk Negroes denied admission to all-white school with school board later turning over building for all-Negro occupancy. West Virginia Raleigh County rescinds desegre gation order affecting 20,418 white pupils and 3,040 Negro pupils as state reports all but 10 of 55 counties hav ing begun to remove racial distinc tions in schools. State’s first anti segregation court case filed in federal court at Charleston. Index State Page Alabama g Arkansas 9 Delaware 10 District of Columbia 5 Florida 15 Georgia 13 Kentucky 6 Louisiana n Maryland 2 Mississippi 4 Missouri 5 North Carolina 16 Oklahoma 7 South Carolina 3 Tennessee 12 Texas 14 Virginia 6 West Virginia 11