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6-30-56 2 ;08
UNIV. OF C-i. LIBRARIES
ACQUISITION DIVISION
ATHENS* GA.
VOL II, NO. 7
NASHVILLE, TENN.
$2 PER YEAR
JANUARY, 1956
‘Interposition’ Weighed in Four States
Study Groups At Work
Approximately 150 “study” com
missions—some made up of lay
“advisors” and others of “experts”—
are at work throughout the South
considering the effects of the Su
preme Court’s school segregation
decisions, according to a Southern
School News survey.
Activities of the bodies, some offi-
cially appointed and others self-
constituted, vary largely with the
official policy or public sentiment in
the states where they are located.
Virginia, South Carolina, Missis-
sl Ppi and Louisiana, for example,
commissions on the state level, usu-
a dy composed largely of legislators
or state officials, have been, or are
now, at work on plans for circum
venting the court’s decrees. In such
border states as Maryland, Kentucky
®nd Arkansas, the committees, most
ly appointed at the local school
! ar< ^ l eve L are studying methods
°f implementing the decisions.
States such as Texas and Florida
where state policy seems to be t(
maintain segregation but where pub-
lc opinion, at least in some sections
avors desegregation, have commit-
ees looking toward eventual schoo'
a ^ e S re S a tion. In fact, Florida list:
k ° u t 25, the second largest num-
of such committees of any oi
0 ? s tates in the region, exceeded
NortL k y Kentucky which has 51
anri Caro lina has 24 such groups
Sty, Mar yl and has or has had study
con U ? S at work in each of her 22
oounties.
mart 3 5 elative lack of uniformity
jo ks . “e purposes and intent of the
tioa Il ! ees ’. even greater variety is
mod° e r 6 in tke * r composition and
r ac ; e , °f organization. Some are bi-
g v a ’ some consist of only three to
Purs mem ^ ers ’ some are actively
bep.r UIn ^ fheir subject, others have
five a l 1 f >0 ’ n f e d and are totally inac-
c 0m „ c , rete recommendations have
cqj- . r ? m niost of the state-level
hon lsslons > and much of the legisla-
heen at circumvention has
Virgin - 6 Product of these groups. In
knoii— a A for example, the popularly
Lray Commission formulated
the plan for a referendum to permit
state support of private schools
which this group considers essential
to forestall “compulsory integration.”
In South Carolina, the bulk of pro-
segregation legislation adopted in
May was formulated by the South
Carolina School Committee, a legis
lative group. In Mississippi, seven
proposals of the official Legal Edu
cational Advisory Committee will be
presented to the legislature which
convenes this month.
On the other hand, the recom
mendations for replacing the public
schools of Alabama with a private
school system, proposed by the
Boutwell Committee, have failed to
win legislative approval.
Meanwhile, local-level groups
have met with some success in such
proposals as have been advanced for
school desegregation in Macon, Mo.
In Baltimore, a Community Study
Program begun shortly after World
War II was credited with helping
smooth the way for desegregation.
Eighteen months after the original
school segregation decision, local
school boards still are appointing
study committees. The Davidson
County, Tenn., board, for example,
announced last month it would ap-
(See STUDY GROUPS, Page 15)
Index
State Page
Alabama
Arkansas 9
Delaware 12
District of Columbia 16
Florida 15
Georgia 10
Kentucky g
Louisiana 12
Maryland 3
Mississippi 6
Missouri 7
North Carolina 4
Oklahoma u
South Carolina 5
Tennessee 2
Texas n
Virginia 14
West Virginia 16
Political figures in at least four southern states—Virginia, Mississippi, Louisiana and South Carolina—are consid
ering resolutions of “interposition” as a means of evading the U. S. Supreme Court’s decisions against segregation
in the public schools, a year-end survey by Southern School News indicates. Legislatures of all four states meet
during 1956. “Interposition” is popularly equated with the doctrine of nullification.
Meanwhile, three more counties in West Virginia ordered desegregation of their schools and a federal court decision
in Kentucky resulted in a two-step plan to integrate the schools of Adair County.
Discussion of “interposition” first
arose in Virginia when the General
Assembly was called into special ses
sion to approve a referendum (set for
Jan. 9) on a constitutional convention
which would amend the organic law
in order lo permit expenditure of
public funds for private schooling.
According to its first proponent, the
Richmond News Leader, “this plan
contemplates an assertion of funda
mental principles, coupled with an
appeal to our sister states to decide,
by ratifying or rejecting a proposed
constitutional amendment, whether
the power to operate racially sep
arate public school facilities should
be prohibited to the states...”
In Mississippi the plan is being
sponsored by two members of the
state’s congressional delegation, a
judge and a former governor, but is
opposed by incoming Gov. James P.
Coleman. It is under study in Louisi
ana by state Sen. W. M. Rainach,
legislative chairman of the state
school program. In South Carolina
state Rep. Joseph O. Rogers Jr., of
Clarendon County, announced he is
drafting a resolution which calls on
the legislature to assert the state’s
sovereignty in the field of public
education.
STUDY GROUPS
As the year ended, nearly 150 study
groups and commissions had reported
or had been authorized to report on
state or local plans dealing with
school segregation-desegregation.
Among the states which have not de
segregated any of their schools, North
Carolina and Florida reported the
largest number of community study
committees.
In a re-survey of so-called “oppo
sition” groups, Southern School
What Is It?
INTERPOSITION — The Vir
ginia Resolution of 1798 declared
that the powers of the federal
government result from the com
pact to which the states are par
ties, and “that, in case of a de
liberate, palpable and dangerous
exercise of other powers not
granted by the social compact,
the states, which are parties
thereto, have the right and are in
duty bound to interpose for ar
resting the progress of the evil”
for maintaining their rights.
What was meant by interposi
tion? It has sometimes been as
serted that it meant nothing more
nor less than nullification by a
single state. Madison declared, in
later years, tfxat such was not
the meaning. It is not unlikely
that nothing more was intended
than to secure, by cooperation
among the states, a general ex
pression of opinion. But it is pos
sible that the framers had in mind
a convention of the states to pass
upon the Constitution or that
they planned authoritative inter
pretation by amendment.
—Cyclopedia of American
Government.
NULLIFICATION—An alleged
right of a state in the American
Union, acting in a sovereign ca
pacity through a convention of
its people, to declare an act of
Congress "null, void, and no law,
not binding upon the state, its of
ficers or citizens.”
—New Dictionary of
American Politics
courses to Negro players. At the
month’s end the state was still rever
berating from the controversy over
the Sugar Bowl football game in
which Georgia Tech contracted to
play the non-segregated University
of Pittsburgh.
Kentucky
In the state’s first school desegre
gation suit a federal judge held that
Adair County should open its high
school to Negroes Feb. 1, 1956 and
that integration in elementary schools
should be effected by August or Sep
tember of this year. In another action
the State Court of Appeals banned
racial segregation in all public rec
reation facilities.
Louisiana
A three-judge federal court took
under advisement a suit to open all
public schools in Orleans Parish
(county)—the state’s largest—to all
races. State attorneys asked the fed
eral court to step out of a local sit
uation which they said was covered
by state laws.
Maryland
Two sets of white parents were
haled into Juvenile Court in Balti
more County for keeping their chil
dren out of racially mixed schools.
Rather than comply, one family
moved to Florida.
Mississippi
The state’s political leaders debated
interposition, or nullification, as new
pro-segregation legislation was pre
pared for the January session of the
legislature.
Missouri
Racial integration became an ac-
News found 44 private organizations, complished fact at the University of
„—11 ! iiiiiiiiisiaiiiiiiiiiiiiiiiiigiiiiiiiii Missouri and state colleges. Accord-
large and small, more or less active
in 15 states. Increasing activity also
was reported from several states and
communities where pro-integration
Human Relations Councils are in
operation.
Other December developments:
In the public recreation area
(which is allied with the school issue
through court interpretation), At
lanta opened its seven public golf
courses to Negroes after a court rul
ing and Greensboro, N. C., ordered
sale of one publicly-owned but pri
vately-leased course and conversion
of a publicly-owned Negro course
into an addition to the city dump. In
Kentucky a state court struck down
segregation laws affecting public
parks and other recreation facilities.
In Nashville, Tenn., parents of two
white children filed suit in federal
court seeking admission of the chil
dren to a Negro school and in Balti
more County, Md., two sets of white
parents were brought into court when
they refused to send their children to
racially mixed schools.
A state-by-state summary of prin
cipal events follows:
Alabama
In a referendum the state’s voters
decisively rejected a constitutional
amendment to provide more funds
for schools—a decision having bear
ing on equalization attempts. Gov.
James E. Folsom summoned the leg
islature for Jan. 3 in a special session
on reapportionment and constitution
al revision, at which time it may also
consider pro-segregation legislation
including a “private school” plan.
Arkansas
The state was awaiting a ruling
on the Hoxie school case in which the
local board is seeking a permanent
injunction against alleged interfer
ence by pro-segregationists in the
operation of the integrated school.
The decision, expected momentarily,
may decide constitutionality of
Arkansas’ school segregation laws.
Delaware
Although the month generally was
quiet on the school front, the segre
gation-desegregation issue was a ris
ing question as the state looked to
ward the 1956 elections.
District of Columbia
Notice was served on Congress by
Rep. Adam C. Powell Jr. (D., N.Y.)
that an effort would be made to
amend any federal school aid legis
lation so as to deny funds to schools
practicing racial segregation. This
was expected to bog down federal
aid measures.
Florida
The regional advisory board of the
National Association for the Ad
vancement of Colored People, meet
ing in Tampa, said progress in car
rying out desegregation was com
pletely unsatisfactory in a “core
area” of the South. Meanwhile a
North Carolina sociologist, speaking
at Miami Beach, reported that 2,000
Negroes were now attending former
ly segregated colleges and univer
sities.
Georgia
New legislation for preserving seg
regation in schools and parks was
expected to come before the General
Assembly, meeting early in January.
Meantime a federal district court rul
ing which implemented the U. S.
Supreme Court decision in the At
lanta public recreation case led to
opening of seven municipal golf
ing to a special Southern School
News survey, none of the institutions
was flooded by Negro applicants.
North Carolina
A special session of the General
Assembly (perhaps in June or July)
was talked following a report from
an advisory commission on forth
coming plans entailing legislation to
“strengthen assurances of the pres
ervation of our public schools, and
yet not require any child of any race
to be forced to attend a mixed school
against his will.” In a significant de
cision by a three-judge federal court
in Richmond, Va. Negro litigants
asking entry in McDowell County
schools were instructed to seek relief
in the state courts and through
North Carolina’s school placement
machinery.
Oklahoma
A three-judge panel dismissed a
suit to force the all-Negro Red Bird
district to permit 14 Negro children
to attend schools closer to home, say
ing authorities had evidenced the
“highest degree of good faith” com
pliance. Meanwhile, desegregation
was completed at the college level in
Oklahoma.
South Carolina
The legislature, meeting Jan. 10,
was expected to consider interposi
tion and legislation spelling out racial
separation in connection with the ex
penditure of all funds earmarked for
operation of schools and parks.
Tennessee
The parents of two white children
in what was reportedly the first ac
tion of its kind went into court in
Nashville seeking admission of the
(See INTERPOSITION, Page 2)