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page 8—FEBRUARY 1956—SOUTHERN SCHOOL NEWS
Tennessee’s
NASHVILLE, Term,
ov. Frank G. Clement rejected
^ pleas by pro-segregationists that
Tennessee’s state government take
strong action to maintain segregated
schools. (See “What They Say.”)
Clement listened for an hour to 20
spokesmen from approximately 300
pro-segregationists who converged on
the state capitol in Nashville in the
early morning of Jan. 23 from Mem
phis and Chattanooga.
What Clement heard ranged from
calm expressions of hope for con
tinued segregation to a vitriolic at
tack upon the governor’s personal
integrity.
When they finished, Clement grim
ly but firmly replied, in part:
". . . . The Supreme Court decision
and the laws of our state place re
sponsibility for any further decision
or action at the local and not at the
state level . . .”
OPPOSES ‘PRESSURE’
“. . . I do not believe in pressure
tactics and a governor who submits
to pressure rather than following good
reason would not be worthy of the
office . . .
"... I believe with all my heart
your group is the greatest ally the
National Association for the Advance
ment of Colored People has in trying
to obtain integration rapidly. I am
not accusing you of doing so inten
tionally and I am not accusing you
of doubledealing . . .”
Earlier in January, federal Judge
Robert L. Taylor ordered school au
thorities in Anderson County (in East
Tennessee) to integrate their high
schools “not later than” next fall.
(See “Legal Action.”)
Judge Taylor’s action, in the form
of a memorandum, ended over four
years of litigation during which the
National Association for the Advance
ment of Colored People sought to
enter Negro students in the county
high schools.
In Nashville in late January city
school officials and school board mem
bers began a quiet, unannounced
program of discussion of segregation-
desegregation problems with parents
on a school-by-school basis. The first
meeting was held at Eakin elemen
tary school Jan. 26.
Apparently this was the first such
development in Tennessee.
The Federation for Constitutional
Government, a national organization
designed to coordinate efforts to pre
serve the constitutional rights of
states, including segregation, was
formed in Memphis. (See “Miscellan
eous.”)
For the first time since the U. S.
Supreme Court declared public
school segregation unconstitutional,
pro-segregation forces in Tennessee
united in an attempt to force the state
administration to take steps to as
sure the maintenance of segregation.
The attempt was made on Jan. 23,
when an estimated 300 members of
the Pro-Southerners (See SSN, Jan
uary 1956) and the Tennessee So
ciety to Maintain Segregation (See
SSN, November 1955) arrived in
Nashville for a meeting with Gov.
Frank Clement.
The two groups traveled in sep
arate motorcades, the Pro-South
erners from Memphis, and members
of the TSMS from Chattanooga. Their
trip to the state’s capital was an
nounced earlier in the month. The
purpose of the trip, said Arthur A.
Canada, president of the TSMS, was
to “pressure” the governor into call
ing a special session of the legisla
ture, a session which would take
steps to amend the state constitution
in a manner to insure racial segrega
tion.
CARRY FLAGS
Cars in the motorcades were dec
orated with American and Confed
erate flags and banners bearing pro
segregation slogans. And as the
members of the motorcades entered
the capitol building, they carried
placards bearing such slogans as
“Segregation or War”; “Wanted, a
Governor Rejects Appeal of Pro-Segregationists
Placard-carrying pro-segregationists milled about the Tennessee state capitol Jan. 23 while 20 of their spokesmen
conferred with Gov. Frank G. Clement urging him to take a strong stand against desegregation. In all, some 300
people representing three pro-segregation groups converged on Nashville from Memphis, Chattanooga and adjoin
ing states.
Decent Gov.”; and “God, the Orig
inal Segregationist.”
Canada read to the governor reso
lutions favoring segregation he said
were adopted by various labor un
ions in Chattanooga.
Another spokesman for the TSMS,
T. L. Mitchell, a resident of Lake-
view, Ga., accused Clement of being
“politically ambitious—perhaps more
ambitious than loyal to the state.”
Mitchell demanded the governor
call a special session of the legisla
ture. Such a session, he said, would
have before it three courses of ac
tion:
Order a constitutional convention
to abolish public schools.
Provide for the use of state school
funds to pay tuition for students in
private schools.
Earmark Negro tax money for Ne-
P'ederal District Judge Robert L.
Taylor on Jan. 4 ruled that the
Anderson County high schools be
desegregated as of the jail term in
1956. Following is the text of the
memorandum he issued in setting
forth that opinion in the case of
Joheather McSwain et al v. County
Board of Education of Anderson
County, Tenn. et al.
This case is before the court on two
motions, one being that of defendants
for summary judgment under Rule 56
of the Federal Rules of Civil Proce
dure. Urged in support of this motion
is the theory that the case has be
come moot, for the reason that the five
students for whom the suit was origi
nally instituted are shown by affidavit
to be no longer enrolled either in the
schools of Anderson County or in
Austin High School at Knoxville.
In opposition to the motion, plain
tiffs insist that the original suit was
a class action, instituted by plaintiffs
for themselves and for all other
Negroes of high school grade in
Anderson County, similarly situated
as were the original named plaintiffs.
It was Clinton High School that the
five students who initiated the action
desired to attend. They did not repre
sent themselves, however, as being
the only Negroes of high school grade
who were denied ad-
Others mission to the schools
Transported attended by white stu
dents in Anderson
County. At the hearing of the case
on its merits, it appeared that there
were other Negroes similarly situated,
gro schools, white tax money for
white schools.
COLLEGE PLAN
The pro-segregation forces also at
tacked the gradual desegregation
plan for state colleges, adopted by
the state board of education. Part
of this attack was directed at Dr.
Quill E. Cope, state commissioner of
education.
At one point, George McCanless,
state attorney general, interrupted
the proceedings. He said:
“If there is any blame for this ac
tion it should be on me and not Dr.
Cope.
“I am a southerner,” he said, “and
I believe in segregation. But we in
this country are a government of
laws and not men, and the decisions
of the Supreme Court are applicable
all of whom were transported to a
high school outside that county.
This court held that, although the
suit was instituted by plaintiffs pur
portedly as a class suit, it was not
such in reality. The court, according
ly, adjudicated their rights as they
related to the Clinton High School.
Exception was taken by the defend
ants to this holding, and an appeal
was perfected to the Court of Appeals.
The case was not decided by that
court until the opinion was rendered
by the Supreme Court in the case of
Brown et al v. Board of Education,
347 U. S. 483.
On June 30, 1954, a mandate was
received by the clerk of this court
from the clerk of the Court of Appeals
which reads in part as follows: “It is
ordered, adjudged and decreed that
the judgment of the district court be
and is hereby reversed and the case
remanded to the district court for
further proceedings upon the author
ity and in accordance with the de
cision of the Supreme Court in Brown
et al. v. Board of Education . .
On July 29, 1954, an order was en
tered by this court stating that the
final decree in the case should await
the final decision of the Supreme
Court in the case of Brown et al
v. Board of Education, supra. The
Brown case decision, among other
things, sustains plaintiff’s theory that
the suit here should properly have
been treated as a class action.
On Sept. 16, 1955, an order was
entered by this court referring to the
final decision in the Brown case and
its directive to school authorities to
to the whole country and not just
somewhere else.”
After spokesmen for the pro-seg
regation forces completed their state
ments, Clement declared, in part:
“We are always interested in the
views of all citizens. But I do not
believe in pressure tactics. And any
governor who submits to pressure
rather than following reason, would
not be worthy of the office.
‘BEST FOR STATE’
“I am doing what I consider to be
in the best interest of Tennessee and
Tennesseans ...
“The attorney general of the state,
most of the ministers, rabbis and
priests (a rabbi, a priest and two
Methodist ministers were present at
the request of Clement) as well as
other interested citizens I have con-
discontinue segregation practices with
reasonable expedition. The
Order order provided that juris-
Entered diction of the case would be
retained for the issuance of
such orders as might be necessary.
Plaintiffs themselves have moved
for the entry of a final decree.
It is the duty of this court to comply
with the clear mandate of the Su
preme Court. The holding of that
court, as applied to this case, requires
adoption by school authorities of
Anderson County of a program of
integration that will expeditiously
permit the enrollment of Negroes of
high school grade to the high schools
of that county. The Supreme Court
stated in substance that the school
authorities should make a “prompt
and reasonable start” toward that ob
jective. The record here indicates that
Anderson County school authorities
have had this problem under con
sideration from time to time, appar
ently in good faith, but have as yet
taken no positive action in the way
of discontinuing segregation.
It is the opinion of this court that
desegregation as to high school stu
dents in that county should be
effected by a definite date and that a
reasonable date should be fixed as
one not later than the beginning of
the fall term of the present year of
1956.
In due course orders will be entered’
the one denying the motion for sum
mary judgment, the other granting
the motion for a final decree and pro
viding that segregation as to high
school students in Anderson County
be discontinued as of the time above
indicated.
tact with, have supported our posi
tion.”
While their efforts to pressure
Clement failed, leaders of the pro
segregation groups left the capitol
determined to continue their effort
PYLE OPPOSED
Said Harry W. Pyle, president of
the Pro-Southerners: “I don’t like
what the governor’s done. My an
swer is that I’m going out and or
ganize every county in Tennessee to
prove the people did want a special
session of the legislature.”
The meeting was without serious
incident, but not without near in
cident.
While the spokesmen for the pro
segregation forces were in the con
ference, a Negro reporter-photogra
pher for the Memphis Defender
walked into the corridor and begang
taking pictures. A white man threat
ened to throw him out of the build
ing.
State Patrolman Bob Thomas
stepped up to the white man and
said: “If you hit this man I’ll lock
you up. This building belongs to all
the people. That reporter has as
much right here as you do.”
TEACHERS’ LETTER
“Thoughtful observation and study
indicate that in all instances [in
Tennessee] integration has proceeded
without major unfavorable inci
dents,” states an “open letter” from
the Negro Tennessee Education Con
gress to the State Board of Education.
The letter, authorized by TEC’s
delegate assembly, told state educa
tion officials that, “as officers and
members of the Tennessee Education
Congress we wish to assure you of
our continued cooperation and sup
port in your efforts to remain in the
vanguard of constructive leadership
in the field of public education in the
South.”
Pro-segregation forces met behind
closed doors in Memphis in late De
cember to complete organization of
and discuss strategy for a national
body to fight racial integration and
“efforts to destroy the Constitution.”
Called the Federation for Consti
tutional Government, the new organi
zation lists among its leaders men
prominent in the States’ Rights move
ment of 1948.
A statement issued after one of the
Memphis meetings said the Federa
tion will “act as a coordinating and
information development organiza
tion and not interfere with the activi
ties of presently existing patriotic
organizations.”
LEADER QUOTED
The Memphis Commercial Appeal
quoted John U. Barr, New Orleans
industrialist named permanent chair
man of the group, as saying in a
closed meeting:
“Up to now we are just a group of
individuals, financed by individual
contributions. We are going to co
ordinate the work of such groups as
the Citizens Councils and the States
Rights Councils and the Committee
for Individual Rights in Virginia.”
Sen. James O. Eastland of Missis
sippi, a prime mover in the organiza
tion, said all those attending were
pledged to secrecy and any statement
must come from Barr.
Among the 35 present were U. S-
Rep. Williams of Mississippi ^
Georgia’s attorney general, Eugene
Cook.
The Federation elected an execu
tive committee consisting of
member each from each of the 1
southern states represented.
Members of the executive conuru *
tee, “with the power to organize a®
aggressive campaign,” are: . .
Micah Jenkins, Charleston, S- f"’
R. B. Crawford, Farmville, Va.; .
Tom P. Brady, Brookhaven, Mi^
W. M. Shaw, Homer, La.; J-
Haley, Canyon, Texas; state ft-
James D. Johnson, Crossett, Ar-
state Sen. Walter C. Givhan, San® .
Ala.; T. Walker Lewis, MemP .
Joseph Jenkins, Gainesville, * „.
Edward H. Malone, Louisburg, N-
(Continued on Next Page)
—$ Special ^Jext
Taylor Memorandum in Anderson County Case