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PAGE 6—JANUARY 1956—SOUTHERN SCHOOL NEWS
Mississippi’s
JACKSON, Miss.
proposal for nullification of the
Supreme Court’s school segrega
tion decision has brought about what
has been termed a “division” in the
pro-segregation ranks in Mississippi.
(See “What They Say”).
The word battle among top state
officials flared as the first legal effort
to preserve segregation in the state
shaped up over the issue of integra
tion in railroad stations, rather than
in the public schools. (See “Legal
Action”).
Meanwhile, December also brought
seven recommendations from the
state’s Legal Education Advisory
Committee aimed at forestalling le
gal moves to force desegregation.
These measures will be presented to
the state legislature which convenes
in regular session Jan. 3. (See “Leg
islative Action”).
December also saw a legal attack
launched on the 1954 public school
equalization act (see “Legal Ac
tion”); a dispute flare briefly over
participation by a Mississippi team
in a non-segregated sports event (see
“In The Colleges”); a Youth Con
gress adopt pro-segregation measures
(see “Under Survey”); and a Negro
leader sell his property because of
“threats on his life” (see “Miscella
neous”).
Controversy of considerable pro
portion has been stirred among Mis
sissippi officials and citizens as well
by a suggestion that Mississippi along
with other southern states “consid
er” adopting a resolution of inter
position, or nullification, declaring
the school desegregation decisions of
the U. S. Supreme Court of no force
or effect.
Recommended by Sen. James O.
Eastland, Rep. John Bell Williams and
state Circuit Judge Tom P. Brady as
a means of preserving segregation
under state sovereignty, the proposal
suggested that the actions of the court
be declared null and void by reason
of their infringement upon the rights
reserved to the states and as inva
sion by the court of the field of leg
islation.
Gov.-elect J. P. Coleman, until Jan.
17 the state’s attorney-general,
quickly took issue with the proposal,
terming it “foolish” and “legal pop
pycock.”
HISTORY CITED
In suggesting that the southern
states consider interposition or nulli
fication resolutions, the proponents of
the proposal said Virginia is planning
that course. They cited instances in
history when interposition or nulli
fication was exercised.
Coleman, in opposition, told the
Legal Education Advisory Commit
tee in Jackson Dec. 14 that “all ef
forts at nullification have been abject
failures,” and “the only way to make
it work is through secession which
is prohibited under our state consti
tution.”
“All it would do would invite the
President to send federal troops into
Mississippi—and some of them would
be Negroes—and certainly Mississip
pi can’t whip the whole United
States,” he added. “The legislature
can’t close the United States courts
or stop federal government processes
that way.
“We have said we will have segre
gation, but it can’t be by defying the
courts. It must come by legal means,
and we will try to use the courts to
our advantage,” he asserted.
Brady, with the concurrence of
Eastland and Williams, on Dec. 12 re
leased a statement listing “some fun
damental reasons why, in our opin
ion, the southern states should seri
ously consider taking steps to nulli
fy these decisions.” They ranged
from assertions that the “Fourteenth
Amendment under which the tyran
nous decisions were rendered was
fraudulently procured and is illegal”
to historical citations of cases when
nullification was employed.
Leaders ‘Divided’ on Proposal for Nullification
Former Gov. Fielding L. Wright,
Democratic national committeeman
from Mississippi and 1948 vice presi
dential candidate on the States’
Rights ticket, entered the dispute
with a declaration supporting the
proposed Virginia plan to petition the
■IlllllllllHllHilEiilllllllilliilil!
A Stand for Moderation
Governor Coleman’s comments
on the vicious nonsense about
“nullification," being peddled by
Jim Eastland, Tom Brady and the
Citizens Councils, cuts through
Mississippi’s political and moral fog
like bright sunshine.
His is the first politically im
portant voice raised in Mississippi
in opposition to the hysterical bra
vado which is making our state a
laughing-stock and worse in the
eyes of region, nation and world.
In speaking out, he has fulfilled the
expectations of the majority of
sane and sensible Mississippians
who elected him.
Nullification means, in extrem
ity, that Mississippi should use
armed force against the United
States in order to frustrate the na
tional law. We would like to take
time out here to snicker at the
spectacle of our local resisters de
fending the Greenville bridge
against a platoon of Marines or
even a lone FBI agent. But it is
no humorous matter, the damage
done to Mississippi, economically,
politically and morally by the
reckless words and actions of men
who purport to speak for all of us.
—Delta Democrat-Times
A Good Suggestion
Judge Tom P. Brady, of Brook-
haven, one of the militant leaders
suggests that the legislature at its
coming session exercise the state’s
constitutional right and pass an act
of interposition.
Specifically, that means nullifi
cation — challenging the right of
the Supreme Court to issue such
a decree.
O.K. by us, Judge. Mississippi
must fight with every weapon at
her command. Our state has of
ficially declared that it will not
obey the order to mix white and
colored children in our public
schools. If there are any ways of
putting more emphasis on that
declaration we should go ahead and
do it.
We are in a battle with the odds
against us. All the weapons we can
use are not too many.
—Jackson Daily News
niEiiiiMiasiHiinmimisiEiHiiHH
Congress for a federal constitutional
amendment to be submitted to the
states reserving the right to segre
gate the races. He indicated the pro
posed “nullification” action would
follow.
Coleman likewise endorsed Missis
sippi’s support of the Virginia plan,
pointing out “it is quite different”
from the nullification maneuver.
At the same time, the governor-
elect restated his position in favor of
segregation saying, “Let there be no
misunderstanding, I am for segrega
tion. Mississippi will never inte
grate.”
In criticizing the Eastland-Wil-
liams-Brady proposal, Coleman, in a
letter to the legislators asked them
to defer any action until he takes
office, Jan. 17. He wrote, “The re-
sponssibility for preserving segrega
tion is ours.
“If we fail, we will be held respon
sible, not Messrs. Eastland, Williams
and Brady.”
ON THE ROSTRUM
Sen. Eastland and Congressman
Williams also were active on the ros
trum during December.
Addressing the statewide meeting
of Mississippi Association of Citizens
Councils Dec. 1, Eastland proposed
that the southern states organize a
“southern regional commission,” sup
ported by public funds, “for a just
and legal fight” to preserve segrega
tion and to conduct a campaign to
acquaint other sections of the nation
with the South’s position on segre
gation.
Debate Nullification
Brady Eastland
Williams Coleman
Congressman Williams in Natchez
before the Adams County Citizens
Council, advocated making schools
“instruments of the state” as a means
of defeating integration. He said the
state could operate the schools under
its police powers and could not be
sued.
Meanwhile, Gov. Hugh White
voiced concern that unsolved crimes
against Negroes in Mississippi might
have adverse effects on the state’s
economy and sovereignty in the field
of law enforcement.
The Mississippi legislature, which
convenes Jan. 3, will receive seven
recommendations from the Legal
Educational Advisory Committee
created in 1954 to map procedure for
bypassing the Supreme Court’s inte
gration decisions. They were ap
proved at a Dec. 14 meeting with
Gov. Hugh White, LEAC chairman,
after being drafted in bill form by
Rep. Ney Gore Jr. of Quitman Coun
ty, secretary of the committee em
ployed on a full-time basis for that
work.
The committee also authorized ap
pointment of a committee to draft
a bill authorizing the state attorney-
general to prepare a list of “subver
sive organizations” held in that cate
gory in Mississippi. It would be simi
lar to the list prepared by the attor
ney-general of the United States,
but adapted to the state level.
Sen. Carl Evans of Canton, former
FBI agent, who proposed the author
ity, was named chairman of the group
for its drafting. Serving with him will
be Joe T. Patterson, who takes office
Jan. 16 as attorney-general, and John
Satterfield of Jackson, president of
the state' bar association. Evans said
it is aimed at the National Associa
tion for the Advancement of Colored
People, which he claims is “subver
sive” insofar as Mississippi’s position
on segregation is concerned.
L.E.A.C. RECOMMENDATIONS
The other proposals would:
1) Abolish common-law marriages
in Mississippi. It would make children
bom under such relationships “ille
gitimate,” and is designed to mini
mize integration suits in behalf of
those in that category.
2) Repeal the compulsory school
attendance law. It has never been
enforced and accounts for the large
number of Negro children not in
school.
3) Prevent champerty and mainte
nance, the agitation of litigation by
lawyers and the unauthorized prac
tice of law in Mississippi by out-of-
state lawyers. The bill would require
the “screening” of out-of-state law
yers by the State Board of Bar Ad
missions. It is designed to prohibit
the solicitation of integration suits by
outside lawyers. The penalty for its
violation would be one year’s im
prisonment in the state penitentiary.
The proposed act would make the
practice of law in Mississippi a
“privilege” and not a “right.”
4) Prescribe penalties for use of
insulting, obscene or indecent words
by telephoning or other oral com
munication or by telegraph, news
paper, letter or other written com
munication or publication. The fine
would be $1,000.
5) Prohibit acts of persons inter
fering with, or attempting to inter
fere with, the exercise of rights,
privileges and immunities granted to
citizens and inhabitants of Mississip
pi by its constitution and laws when
done by any person acting under
color of any statute, ordinance, regu
lation, custom or usage of any state
or the United States.
6) Require all teachers paid from
public funds to make affidavits as to
all organizations they hold member
ship in now and for the past five years
as a condition to employment. Penal
ty for a false affidavit, or noncom
pliance, would result in loss of the
teacher’s license and employment.
7) Create a permanent authority to
take proper steps for the maintenance
of segregation in Mississippi, and the
appropriation of necessary public
funds for its support and operation.
The LEAC also will recommend
to the legislature that “at present it is
unnecessary and would be inadvis
able” to implement the 1954 consti
tutional amendment which gives the
legislature authority to abolish the
public schools.
Assured by Gov.-elect Coleman
that he will call a special session in
the event integration threatens, the
committee recommended that “no
legislation be introduced or enacted
at the 1956 biennial session providing
for the abolition of any public school
in the state.”
Coleman advised the LEAC that
he would be “constrained to veto”
any such implementation proposal
“pending the imminence of federal
court decrees against the state of
Mississippi.”
Mississippi’s first legal effort to
preserve segregation may come on
the issue of integration in railroad
stations rather than in its public
schools.
The Illinois Central Railroad has
announced that segregation will be
“out” in its waiting rooms, cafes and
rest rooms Jan. 10 when the federal
Interstate Commerce Commission’s
desegregation order goes into effect.
Railroad officials said they will try
to maintain segregation on a “volun
tary” basis but that they have no
other course than to abide by the
ICC order and remove signs denoting
“for whites” and “for colored” from
their stations in Mississippi and other
southern states.
The announcement brought state
ments from the Mississippi Public
Service Commission, which regulates
intrastate operations of railroads, and
from Gov.-elect Coleman, who takes
office Jan. 17.
TO RESIST I.C.C. ORDER
Members of the MPSC said they
will resist integration under author
ity vested in them to require rail
roads to provide separate accommo
dations for the races in Mississippi.
Their authority applies to waiting
rooms and rest rooms.
Coleman said the legislature will
be in session when the ICC order
goes into effect, and he will urge
action to prevent integration in the
intrastate operations of railroads. He
plans statutes covering restaurants,
not now covered in any state law, but
observed by custom.
EQUALIZATION CHALLENGE
First suit challenging Mississippi’s
1954 Negro-white public school
equalization act, authorizing a new
state educational commission to con
solidate school districts in a county
to assure equal facilities and oppor
tunities to the races, has been filed
at Natchez.
It is styled Adams County School
Board v. State Educational Finance
Commission, and is in the chancery
court.
At issue is a commission order con
solidating the 14 school districts into
a single county-unit system. Those
protesting favor two districts, assert
ing that the plan gives the Natchez
Separate School District control of
the one district and in that way pe
nalizes those outside the city in the
county. They also contend the one-
unit system would increase taxes on
those outside the city and not those
in the municipalities.
The recent Mississippi Youth Con
gress, meeting in Jackson Dec. 2-3,
was in agreement on two controver
sies revolving around segregation.
They went on record as opposing
violence in the current racial situa
tion, and also for reapportionment
of the legislature on a basis of popu
lation within the counties. It is now
based on an 1890 plan dividing the
state into three grand divisions.
However, the House of Represen
tatives, composed of high school stu
dents, defeated a resolution by the
Senate, made up of senior and junior
college students, which would have
denied the legislature the power to
abolish public schools. The unani
mously approved Senate proposal
was defeated in the House 55 to 41.
That authority has been vested in
the legislature under a voter-ap
proved amendment to the constitu
tion as a “last resort” action against
integration. The Youth Congress au
thor said he favored segregation but
that if the question of continuing the
schools on an integrated basis should
arise “it should be up to the parents
to determine the future of public
schools.” The opposition pointed out
that the question had been decided
by the parents in ratification of the
amendment.
FAVOR KERSHAW TALK
The Mississippi Youth Congress
Senate also adopted a resolution fa
voring participation of the Rev. Al
vin Kershaw of Ohio in the religious
emphasis week program at the Uni
versity of Mississippi. Kershaw has
been the center of a controversy in
Mississippi following a purported
announcement he planned to donate
part of his winnings on a nationwide
television program to the NAACP for
its educational campaign. He had
been invited to the University of
Mississippi prior to the TV program.
Protests against Kershaw’s par
ticipation have been filed by several
members of the legislature, certain
newspapers and citizens. They called
on university officials and the gov
erning Board of Trustees of State
Institutions of Higher Learning to
withdraw the invitation.
NO ACTION TAKEN
At its Dec. 15 meeting the college
board took no action on the protests.
Legislators protesting the Episcopal
minister’s appearance plan to offer
resolutions in the legislature in Jan
uary.
The Senate of the Youth Congress
also adopted a resolution opposing a
legislative resolution calling on the
college board to “screen” all speak
ers on campuses of state-owned ed
ucational institutions and bar those
with pronouncements contrary
Mississippi’s way of life.
Despite numerous protests, the
Jones County Junior College at Ellis"
ville permitted its all-white footbaU
team to play in the Little Rose Bow
in California against Compton, whose
team had several Negro players.
The Covington County Board °
Supervisors (Collins) withdrew a
$250 donation to defray expenses o
the team, but it was “covered’ by
California chamber of commerce.
A suggestion to the Legal Educa
tional Advisory Committee tha
recommend against white Mississip
pi teams playing against Negroes w
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