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SOUTHERN SCHOOL NEWS—SEPTEMBER 1956—PAGE \*
MIAMI, Fla.
I -'loridians differed over the effective
ness of segregation laws passed by
the state legislature in special session.
While some leaders, including Gov. Le-
Roy Collins, said they would be effec
tive weapons in fighting against mixed
schools, others predicted they would
not serve the purpose.
School officials, meeting to consider
the mechanics of operating under the
new law, remained confused. They were
told that administration would be com
plex and expensive. (See “School
Boards and Schoolmen.”) Even the au
thors of the new laws felt they con
tained loopholes. (See “What They
Say.”)
As a special joint legislative commit
tee prepared to launch a $50,000 inves
tigation of the NAACP, an upsurge of
the Ku Klux Klan caused concern.
(See “Miscellaneous”)
Just what was accomplished by the
special session of the Florida legislature
toward maintaining segregation was a
topic for debate among lawmakers,
schoolmen and citizens.
The five-point program recommend
ed by Gov. LeRoy Collins, based on the
report of the Fabisinski committee, was
adopted. Its chief feature was a strin
gent pupil assignment law.
A group of legislators was gathering
support for measures more drastic than
the Collins program, including an in
terposition resolution, when the gov
ernor invoked seldom-used powers and
dissolved the session.
GETS PROTESTS
There were protests from segrega
tionist leaders, who said the new laws
fell short of assuring continued segre
gation. But Collins disagreed. “As a
state we have acted calmly and wisely
thus far in meeting the problems which
the recent decisions of the United
States Supreme Court have thrust upon
us,” he said. “What we have done will
not satisfy the extremists on either side.
But with the program enacted in this
session we can find a sound course for
our state that will be approved by the
great masses of our citizens who respect
law and order and who want to see
Florida continue to progress in peace
and harmony. The session deserves as
much credit for what it didn’t do as
for what it did do. It steadfastly re
fused to be stampeded into taking irra
tional and damaging actions.”
Collins referred to a last-minute fight
on the floor of the House by Rep. Faris
Bryant, a candidate for governor in the
recent primary, to push through the in
terposition resolution. Bryant urged the
House special committee on education
and internal affairs to “accept interpo
sition as a rallying point,” having the
same significance as a flag.
TWO SUPPORT HIM
Bryant received support from two
leaders—Gen. Sumter Lowry, the all-
out segregationist candidate who ran
ohead of him in the primary (which re
sulted in the renomination of Gov.
Collins) and Atty. Gen. Richard W.
Ervin.
„ L° w ry demanded that the legislature
mee t head-on” the challenge of the
court rulings on integration.
Ervin asked for stronger laws than
ose recommended by Collins—laws
which would arm him for a “last ditch
stand, if W e are serious about resisting
integration, if some counties want to
m ®Srate, let them. Give them that
n ght, but don’t put up a mirage.”
Ervin suggested a system of tuition
^rits, in effect state-supplied scholar-
th ^ S ’ P erm it children to continue
sc hools^ UCa ^° n ' n se § re S ate d private
Bn^ 6 ,^ ouse committee voted down
8 R nt S ®^position resolution, 12 to
Ho con tmued the fight on the
mitf Se ^°° r ' There, sitting as a corn-
rod whole, the House over-
13 6 p ? pec * a C committee and adopted
23 s interposition resolution, 64 to
t ’ cmonstrating that the necessary
later thlr ^ S ma i or *ty existed to pass it
G<H. Ut p^m° re t ^ lat P°int was reached,
of e ° ’ ns ended the session by use
w . mergency po Wers The ac tion was
Without precedent.
E-^WS ENACTED
enacted- WaS W ^ at ^e special session
A l-,,,
board + Pecmitting county school
intell S + ° ass ^ n pupils on the basis of
nienf 60 a bHity, scholastic achieve-
factm- 8 / soc i°l°gical and psychological
meJ1 ”) S see ‘School Boards and School-
lf *w Permitting dismissal of teach
Floridians Debate Effectiveness of New
ers with tenure on a basis of sociologi
cal and psychological factors.
A law giving the governor extraor
dinary powers for five years to “cope
with emergencies threatening the peace
and tranquility of the state.” (See
“What They Say.”)
A resolution condemning the U.S.
Supreme Court “for usurping the sov
ereign rights of the states” and asking
Congress to offer a clarifying amend
ment to the federal constitution.
A law setting up an interim commit
tee of three senators and four repre
sentatives to investigate the National
Association for the Advancement of
Colored People.
The NAACP resolution was one of
the most discussed outcomes of the spe
cial session. It was not part of the
Collins program and there were sub
stantial grounds for belief the governor
would veto the measure. He allowed it
to become law without his signature.
$50,000 FUND
The committee has $50,000 to employ
counsel and investigative aides. It has
broad subpoena powers. Organization
and preliminary sessions are expected
to begin in September.
“Fullest cooperation” in the investi
gation was pledged to the committee by
Florida spokesmen for the NAACP. The
state board, meeting in Miami, declared
that “democracy can find the highest
and most vital expression of its aims
through the elimination of legally
sanctioned segregation on all levels of
human activity.”
But the group said it did not seek
to have the measure vetoed.
“We view the setting up of an interim
committee for the ostensible purpose of
investigating organizations fostering
violence and subversion as, in reality,
an attempt to intimidate and embarrass
the NAACP,” said G. E. Graves Jr., an
attorney for the group. “But we shall
extend our fullest cooperation and re
spect as long as it has official legisla
tive sanction. We have nothing to be
fearful of, or to hide. If it is a fact
that the possibility of violence and sub
version is actual and not mythical, we
want to lend all our efforts to make the
investigation successful.”
ONLY VOICE HEARD
One of the dramatic moments of the
special session came when Rep. John B.
Orr Jr., of Miami, rose to oppose the
first of the Collins bills. His was the
only voice raised.
Orr said he favored gradual integra
tion in keeping with the Supreme
Court mandate. Efforts to thwart the
law of the land, he declared, were
“morally wrong.”
Next day, in a speech to the House,
Orr said he had been “flooded” with
calls, telegrams and letters praising his
stand. But his family in Miami received
anonymous threats by phone and a
move was started for opposition to Orr
in the general election. He was renom
inated in the spring primary.
Mrs. Orr, the representative’s wife,
said he had received hundreds of let
ters and messages. They ran about 10 to
1 in praise of his stand. Even those who
did not agree with him praised his
courage, she said.
Florida’s first suit for admission of
Negro pupils to white schools (Rev.
Theodore Gibson, et al, vs. Dade County
Board of Public Instruction, et al) was
thrown out by Federal District Judge
Emmett C. Choate and promptly re
filed.
Judge Choate dismissed the original
complaint on grounds that it did not
allege sufficient facts on which to base
action.
Edward F. Boardman, attorney for
the school board, contended that no Ne
gro child had applied for admission
to a white school and no action taken
to bar any child.
NONE DENIED
G. E. Graves Jr., attorney for the
petitioners, admitted no specific appli
cation has been denied. But he said the
petitioners asked the school board last
September to integrate schools “as soon
as practicable” but no action had been
taken.
After dismissal of the suit the peti
tioners, six parents of Negro children,
filed an amended motion for injunction
to prevent the school board from con
tinuing with segregated schools. No
hearing date has been set.
Although no Negroes had sought ad
mission to particular schools, Graves
said several are planning to do so to
make a clear issue. He added that the
NAACP is planning a court test of
Florida’s new segregation laws.
UNDER SURVEY
The Dade County school board, which
expects to enroll 121,000 children this
month, received a report from admin
istrators on a year-long study of segre
gation problems saying that “social
problems involved appear to make de
segregation of student activities unac
ceptable.”
Some progress has been made, the
school officials reported. Bi-racial meet
ings of school personnel are now gen
erally accepted. But this applies only
to “non-social” sessions, the report said.
“There is no evidence that at either
local or state levels classroom teachers
associations, athletic associations, etc.,
are ready to consolidate.
“Should there be any type of desegre
gation, dramatic productions, school
social functions and many other such
activities probably would be forced
from the school program.”
TEACHER PROBLEMS
Of teacher problems the report said:
“As long as Dade is growing as it has
been for the past 10 years, it is prob
ably reasonable to assume that all
teachers now employed could be util
ized, if only the number of teachers is
considered. The proportionate number
of Negro teachers, especially in the ele
mentary grades, making application for
teaching positions, greatly outnumber
white teachers making similar applica
tions.”
The report showed that 18 school dis
tricts had Negro children who lived
closer to white than to Negro schools
they now attend. These are in areas
with high concentrations of Negro resi
dents. In other districts only a scatter
ing of Negro children are involved.
The report contained results of
achievement tests given sixth and
eighth grade pupils. (Others are in prog
ress.)
ABOVE AVERAGE
In the white schools, sixth grade pu
pils in the median group are four
months above the national average.
About a fourth read at the seventh
grade level, and half are at the sixth
grade, five months level.
The eighth grade tests showed me
dian white pupils at the eighth grade,
first month level, 10 per cent above the
national average. Negro children in the
median group are at the fifth grade,
eighth month level, 41 percentage
points below the national average.
Efforts are being made to improve
the situation, the report said. These
include special instruction for teachers
and the establishment of reading clin
ics.
While school officials pondered these
problems, school children expressed
their opinions in a poll conducted by
The Miami Herald. The group included
50 white and 50 Negro teenagers.
Immediate and complete integration
was favored by 94 per cent of the Ne
groes, but opposed by 58 per cent of
the white students. Nearly all agreed
that integration was inevitable in the
long run.
Opinion on the effect of the new laws
passed at the special session of the
Florida legislature differed widely.
While Gov. Collins said they provided
a “sound course” toward meeting the
problems of segregation, others held
they might be ineffective.
J. Lewis Hall, Tampa member of the
Fabisinski committee which made the
study on which the laws were based,
said: “There is no magic in these bills.”
He said that some Negroes would be
admitted to white schools, if the new
laws were “administered fairly.”
John Wiggington, also a Tampa
member of the committee, said: “It
might be a good thing to let one or two
into white schools here and there. It
would stop them from hollering.” But
Wiggington said the new laws “will
eliminate 99 and 44/100 of the evils
people fear. There will be some leak
age, but possibly in the time that takes,
attitudes will be changed here.”
Wiggington warned county school of
ficials not to assign pupils on the basis
of color. “That won’t stand up in court,”
he said.
SPEAKER HEARD
Speaker Ted David of the Florida
House said the most significant of the
new laws, in respect to easing racial
tensions, was the measure giving emer
REP. JOHN B. ORR, JR.
Lone Voice
gency powers to the governor to “pro
tect peace and tranquility.”
This has been less discussed than the
pupil and teacher assignment laws. “As
I see it,” David said, “this act has pos
sibilities to maintain segregation, im
prove conditions of the Negroes and
improve relations between the two
races.”
Atty. Gen. Richard W. Ervin, one of
the proponents of the “gradualism” the
ory which he argued before the Su
preme Court, fought for stronger laws
during the special session and believes
the Collins program will fail to preserve
segregation.
“The program is all right as far as it
goes,” he said, “but I don’t believe it
goes far enough to satisfy the people
of Florida. They should be given the
opportunity to vote on whether they
want integrated public schools or seg
regated private schools.”
County school superintendents were
called to Tallahassee to discuss the me
chanics of operation under the new
laws. They received suggested pro
cedures from the State Department of
Education and adopted them in prin
ciple. These provided:
1. Written applications by students or
parents of students who seek assign
ment to other schools.
2. Establishment of basic principles
on which reassignment will be allowed
or denied.
3. Machinery for hearing applications
and handling appeals. This would in
clude appeals from county to state
school authorities before “administra
tive remedies” are exhausted and cases
could be taken into court.
COMMITTEE SET UP
A continuing committee of county
superintendents was set up to work
with state officials on questions that
arise.
State Supt. Thomas D. Bailey said an
important problem is the wording of
tests on which assignments are to be
made. Local school officials must work
out their own, without help from the
state department, the superintendent
said. “We do think, however, that the
tests which stand up in court must be
standard, nationally recommended
tests,” he added.
Counties which face special problems
are those which have no complete Ne
gro high schools. They are Baker,
Charlotte, Collier, Dixie, Hardee, Hen
dry, Holmes, Lafayette and Union.
Bailey said the counties had too few
Negro students to warrant separate fa
cilities. Negro students are being trans
ported to neighboring larger counties.
Special study is needed of this situation,
he said.
30 VACANCIES
Jesse Woodham, superintendent of
Escambia County (Pensacola), said he
has 30 teacher vacancies with no qual
ified white applicants, but over 100
qualified Negro applicants.
By a show of hands, a majority of
the county officials indicated they had
a similar situation.
Temporary certificates may be issued
for white teachers with less than stand
ard qualifications. But the required
form states no qualified teachers are
available in the county. State Supt.
Bailey suggested the form be changed
and promised to work on the problem.
General discussion among the 67 su
perintendents indicated a belief that the
assignment' procedure would be compli-
School Laws
cated and expensive. This is a summary
given the schoolmen:
1. Maintaining separate schools by the
new assignment law will be more costly
than present financing will permit.
2. Mechanics of testing and assign
ment will be so complex that special
personnel, and in larger counties com
plete departments, must be set up.
3. There is no assurance that the te
dious procedure will protect segrega
tion from court attack.
DADE ACTS
One of the first counties to tackle the
problem on a local level was Dade (Mi
ami), Florida’s largest. The county
board voted 3-1 to approve procedures
endorsed at the state conference of su
perintendents.
Separate forms will be provided for
all children requesting transfer from
their present school. Supt. W. R.
Thomas and his aides estimated that
“5.000 to 10,000” children may be in
volved during the present school year.
Applicants must state the reason for
seeking transfer. If reassignment is de
nied by the administrative officials, they
must appeal to the school board. The
board has the right to take testimony
and gather any evidence pertinent to
each case before making a decision.
From the local level, pupils denied
reassignment must appeal to the state
board before the courts can take juris
diction.
The adoption of the procedure was
opposed by Board Member Anna Bren
ner Meyers: “I believe the pupil as
signment law passed recently is con
trary to the mandate of the U.S. Su
preme Court which gave local school
boards the responsibility of implement
ing that decision ‘with all deliberate
speed’.” Mrs. Mvers said. “As an attor
ney admitted to practice before the
U.S. Supreme Court, I have no choice
but to uphold that decision and abide
by the order of the court.”
Virgil Hawkins, the Daytona Beach
Negro publicist whose legal fight to en
ter the University of Florida is in its
fifth year, was given tests for admis
sion to the University’s law school.
Hawkins was the only Negro in the
group of 41 applicants. The examina
tion was administered by the Educa
tional Testing Service, a national or
ganization with headquarters in New
Jersey.
Hawkins said the tests went without
incident. He hopes to be accepted as a
student this fall. If so, he will live off
campus.
The case of the 48-year-old Hawkins
has been before the U.S. Supreme
Court on two occasions. On both, the
court ordered the University to admit
him as a student.
Renewed activity by the Ku Klux
Klan continued to make news. Klan
leaflets were distributed at Tarpon
Springs on the west coast, where ten
sion existed over reports that Negroes
were planning to use the Pleasure Pier
Beach.
More than a thousand persons at
tended a Klan meeting near Jackson
ville to hear speakers denounce the
NAACP and the U.S. Supreme Court.
Police said this meeting, in suburban
Riverview, jammed traffic for hours.
Robed Klansmen at Starke cheered an
unidentified speaker who assailed Gov.
Collins as “one of the worst enemies of
states’ rights in Florida.”
Gov. Collins said he will take action
if the Klans violate any laws. “So far
as I have been able to learn up to this
time,” he said, “the recent meetings
have not been in violation of our laws
guaranteeing freedom of speech and the
right of peaceful assembly. The Klan
and its inherent objectives of intimida
tion and fear are reprehensible. We
have a statute which circumscribes and
limits their activities.”
ANTI-MASK LAWS
These laws prohibit the wearing of
masks on public property. Nearly all
the recent meetings have been on pri
vate land.
Mayor D. Lee Powell of Miami Beach
has asked the city’s legislative consul
tant in Tallahassee to work for stronger
laws against the Klan.