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Page 4—JANUARY 1957—SOUTHERN SCHOOL NEWS Tennessee Legislature to Consider Measures Dealing With Segregation NASHVILLE, Term. /''linton dominated Tennessee’s school segregation question in December as state leaders readied for a legislative showdown on the issue when the Gen eral Assembly convenes Jan. 7. Federal court action against 16 pro segregationists quickly followed new violence in Clinton. Integrated Clinton High School closed, then reopened shortly before Christmas Arraigned before Judge Robert L. Taylor in Knox ville on contempt charges, 16 defend ants face trial Jan. 28. The arrests and arraignments brought to a head a controversy of many months’ duration, raising—so observers said— constitutional questions of first impor tance. Attorneys general of two south ern states arrayed themselves on the side of the 16 defendants and a legal “defense” fund grew in size as the month ended. Sparks From Clinton The school segregation question will be foremost in the minds of all state legislators when the General Assembly convenes Jan. 7. Surveys indicate a heavy majority favor action to keep Tennessee’s schools segregated. The question is: How? Gov. Frank G. Clement’s state admin istration is reported hopeful of passing a “moderate” segregation bill early in the General Assembly meeting and then halting further discussion on the subject during the rest of the session. The tentative decision to permit— and even encourage—immediate action on the segregation issue is a modifica tion of an earlier position. A few weeks ago the administration felt that the seg regation question should be delayed un til the governor’s legislative program has been acted upon. IMPOSSIBLE TO DELAY Now, however, the administration members are reported to feel that the segregation issue is so hot that it will be impossible to delay its consideration. They think it would be better to pro- igllllliilillllliilBIHIillliiiiilllllilli For a special report on the situation at Clinton, see page 6. ceed at once with the passage of a measure strengthening the hand of the local school boards. Clement is pictured as opposed not only to any measure which would dam age the school system but to any bill expressing defiance of the U.S. Supreme Court. This was beLeved to include in terposition. Two members of the governor’s cab inet and a legislator close to the admin istration have stated they favor grass roots control to meet the school deseg regation problem. BOMAR PROPOSALS James L. Bomar of Shelbyville, in coming House speaker, is the latest ad ministration leader to advocate a pupil assignment law giving school boards power to transfer students. Bomar said such a law is being drafted for submis sion to the 1957 General Assembly. Speaking before a session of the state’s city and county school superintendents in Gatlinburg, Education Commissioner Quill E. Cope called for leg'slation that would provide ways and means for local school boards to handle segregation problems. Cope said he would resist any attempt to bring destruction of “our system of public education.” Agriculture Secretary Buford Elling ton was the first member of the cabinet to suggest that local control may be the answer to the segregation question. On Dec. 31, Ellington said a school segregation bill will be introduced with administration support. While details were not disclosed, it was reported that the bill will give local school boards authority to assign pupils and teachers in the schools under their control. It is expected that the bill will be introduced in advance of or along with Gov. Clement’s special message to the legislature on segregation, which he has asked permission to deliver during the first week of the 1957 session. ‘SERIOUS PROBLEM’ “Everyone recognizes the authority of the Supreme Court, but events [in Clinton] show that we have a serious problem on our hands,” Ellington said. While the statements of these three men were interpreted by some as a true to permit legislative action to be taken which would make it possible to actually abolish, destroy or cripple this great public school system. AGAINST ABOLISHING SCHOOLS “Any legislation which is passed in Tennessee which would have as its pur pose the abolition or the destruction of our state system of schools or any con stituent element thereof would jeopard ize the very foundation of our school system. “I have long believed,” he said, “that the state should vest most of the author ity for the operation of schools in the hands of local boards of education and should keep education as close to the people as possible.” —Nashville Banner indication of Clement’s sentiments at this time, all maintained they are voic ing their own opinions and not the gov ernor’s. State Sen. Clifford R. Allen Jr. of Nashville has proposed a bill which would provide that local school author ities be given “full responsibility and power” to make “all policy decisions” with respect to school integration for the next two years. Highlights of the bill: 1) Local school boards would have authority to determine how fast and in what manner compulsory segregation in schools will be ended. 2) For the next two years, school staffed by white principals and teachers and schools staffed by Negro principals and teachers would not change the ra cial composition of their faculties. LOCAL AUTHORITY 3) Local boards would have the pow er to establish school districts, and the local superintendent of education would have the power to assign each pupil to a specified school. 4) White pupils would not be com pelled to attend schools with Negro fac ulties, nor Negro pupils schools with white faculties. 5) White pupils would not be com pelled to attend schools attended pre dominantly by Negroes, nor Negro pu pils schools attended predominantly by white pupils. 6) School boards could make con tracts with boards of other counties to transfer pupils to the schools near them in the other counties, providing free transportation for the pupils. 7) Before transferring pupils, school boards could require them to take tests to assure they could keep up with the “usual work and progress” of the class in the new school. NO RIGHTS ABRIDGED 8) The act would not authorize school boards to violate or abridge the con stitutional rights of any pupils or per sons. 9) Pupils, parents or guardians dis satisfied with school boards’ decisions could appeal to the courts. 10) The act would expire June 30, 1959. WHAT THEY SAY Speaking to the state’s city and county school superintendents in Gatlinburg, State Education Commissioner Quill Cope declared: As a citizen and cabinet member he has sworn to uphold the constitutions of the United States and of Tennessee. If he should defy them, he would be threatening our form of government. As an educator he can “never per mit a situation to develop, without do ing all in my power to prevent it, which would bring the destruction of our sys tem of public education.” Cope urged legislation that “does not deliberately defy” the Supreme Court and that provides for local boards to deal with segregation problems. EXPRESSING OWN VIEWS Cope said he was not giving the views of Gov. Frank G. Clement, but termed him “the best informed governor in the South on the problems that have re sulted from these decisions.” Cope challenged the superintendents to “seriously, conscientiously and prayerfully try to make up your mind what your position as an educator will be” on integration in the schools. He predicted a flood of bills on the subject when the legislature convenes in January. “It would be possible,” he said, “by hasty legislation, by giving vent to our emotions, by laying aside reason, for us Anderson County school board has urged Supt. Frank E. Irwin to recon sider his decision to step down when his present term expires in January. Irwin said the resolution “comes as a surprise,” but declined to say whether it alters his decision announced early this month. The Tennessee Society to Maintain Segregation has demanded that Law rence G. Derthick, recently named U.S. Commissioner of Education and former Chattanooga school superintendent, re sign rather than receive a leave of ab sence from his Chattanooga job. Arthur A. Canada, president of the organization, said in a prepared state ment, the society “pointed out over a year ago that Lawrence Derthick is a believer in racial mixing and U.N. one- world, one-race government.” If Derthick is granted a leave of ab sence, Canada said, he would be “in a position to direct the federal govern ment’s policies and also supervise its implementation in the Chattanooga area.” “If Mr. Derthick is not an integration- ist then he owes it to the parents and taxpayers in Chattanooga who pay his salary to say so,” Canada said. Southern School News Southern School News is the official publication of the Southern Education Reporting Service, an objective, fact-finding agency established by southern newspaper editors and educators with the aim of providing accurate, unbiased information to school administrators, public officials and interested lay citizens on developments in education arising from the U. S. Supreme Court opinion of May 17, 1954 declaring segregation in the public schools unconstitutional. SERS is not an advocate, is neither pro-segregation nor anti-segregation, but simply reports the facts as it finds them, state by state. Published monthly by Southern Education Reporting Service at 1109 19th Ave., S., Nashville, Tenn. Second class mail privileges authorized at Nashville, Tenn., under the authority of the act of March 3, 1879. OFFICERS Virginius Dabney Chairman Thomas R. Waring Vice-Chairman Don Shoemaker . Executive Director Patrick McCauley, Assistant to the Executive Director BOARD OF DIRECTORS Frank Ahlgren, Editor, Memphis Com- C. A. McKnight, Editor, Charlotte Ob- mercial-Appeal, Memphis, Tenn. server, Charlotte, N.C. Gordon Blackwell, Director, Institute Charles Moss, Executive Editor, Nash- for Research in Social Science, Uni- ville Banner, Nashville, Tenn. versity of N.C. r B , , _ Harvie Branscomb, Chancellor, Vender- if' R T edd ’ Dean ‘ Flslt Umverslt y' bilt University, Nashville, Tenn. Nashv.lle, Tenn. Virginius Dabney, Editor, Richmond Shoemaker, Exec. Director Sou. Times-Dispatch, Richmond, Va. Education Reporting Service Coleman A. Harwell, Editor, Nashville Thomas R. Waring, Editor, Charleston Tennessean, Nashville, Tenn. News & Courier, Charleston, S.C. Henry H. Hill, President, George Pea- Henry I. Willett, Superintendent of body College, Nashville, Tenn. Schools, Richmond, Va. CORRESPONDENTS ALABAMA MISSOURI William H. McDonald, Editorial Robert Lasch, Editorial Writer St Writer, Montgomery Advertiser Louis Post-Dispatch ARKANSAS K Thomas D. Davis, News Editor, Ar- NORTH CAROLINA kansas Gazette Ja Y Jenlcins , Raleigh Bureau Chief, DELAWARE Charlotte Observer William P. Frank, Staff Writer, Wil- OKLAHOMA mington News Leonard Jackson, Staff Writer, Okla- DISTRICT OF COLUMBIA homa City Oklahoman-Times Jeanne Rogers, Education Writer, „ Washington Post & Times Herald SOUTH CAROLINA FLORIDA D - Workman Jr., Special Corre- Bert Collier, Staff Writer, Miami spondent, Columbia, S.C. Heral <* TENNESSEE GEORGIA James Elliott Staff Writer, Nashville Joseph B. Parham, Editor, The Macon Banner "2" Wallace Westfeldt, Staff Writer, \a/ u i rj., . i w/ .. Nashville Tennessean Weldon James, Editorial Writer, Louisville Courier-Journal TEXAS LOUISIANA Richard M. Morehead, Austin Bureau, Leo Adde, Editorial Writer, New Or- Dallas News ' ea "‘ awn VIRGINIA pj , . rj.. . | \i» .. Overton Jones, Editorial Writer, Edgar L Jones Editorial Writer, Richmond Times-Dispatch Baltimore Evening Sun r MISSISSIPPI WEST VIRGINIA Kenneth Toler, Mississippi Bureau, Thomas F. Stafford, Assistant to the Memphis Commercial-Appeal Editor, Charleston Gazette MAIL ADDRESS P.O. Box 6156, Acklen Station, Nashville 5, Tenn. Return Postage Guaranteed Dext of Writ Attachment Orders Arrest of 16 Clinton Figures Following is the text of the court order issued Dec. 5, 1956, by U.S. Dis trict Judge Robert F. Taylor of Knox ville in ordering the arrest on contempt charges of 16 persons at Clinton accused of interfering with the desegregation process ordered by Judge Taylor in the case of Joheather McSwain et al v. County Board of Education of Ander son County, Tenn., et al: As appears of record . . . the court heretofore on Jan. 4, 1956, entered an order requiring and directing the dis continuance of racial segregation in Clinton High School, said school being one of the high schools of Anderson County, Tennessee, and located in the town of Clinton; that pursuant to f aid order the school officials of Anderson County by their official action ordered integration in the school of Negro and white students to become effective at the beginning of the fall term of school of the present year of 1956; that inte gration was accordingly put into effect by the administrative officials and teachers of the school; that notwith standing official compliance with the court’s order of Jan. 4, 1956, opposition from others than the said officials and teachers arose, aimed at preventing the effectiveness of integration and restora tion of the school as a segregated school; that in response to a petition of D. J. Brittain Jr. and others, of Aug. 29, 1956, the court on said Aug. 29, 1956, issued a temporary restraining order against one John Kasper and others en joining and restraining them, their agents, servants, representatives, attor neys, and all other persons who were acting or who may act or have acted in concert with them “from further hindering, obstructing, or in any wise interfering with the carrying out” of the integration order of Jan. 4, 1956; that thereafter on Sept. 6, 1956, said temporary restraining order was made permanent; that despite the court’s or der of Jan. 4, 1956 and the aforesaid injunction, certain individuals have en gaged in acts of violence toward Negro students who enrolled in and under took to attend Clinton High School; that said individuals have carried on a deliberate and persistent campaign of intimidation against school officials; have organized or joined a White Cit izens Council aimed at preventing the effectiveness of integration; have made threats of violence against persons who have cooperated with school officials in their efforts to carry out the court’s in tegration order; have engaged in pick eting and congregating in the imme diate vicinity of the school building for purposes of intimidation and other de vices for prevention of the effectiveness of integration; have entered the school building itself and engaged in acts of intimidation and violence for the same purpose; have instigated acts of violence on the part of white students against Negro students; have offered bribes to white students as a me? ns of inducing acts of insult and violence against Ne gro students; have committed acts of assault and battery against Negro stu dents on their way to school and against one or more white persons who have undertaken to escort and protect Ne gro students on their way to or from school; and by the foregoing and various other similar acts have created a condi tion of lawlessness within and without said school of such dangerous and in tolerable character as to force the dos ing of the school by the school officials of Anderson County. And it having been made to appear to the court that one or more of the aforesaid acts in criminal contempt of the court’s order of Jan. 4,1956, and the aforesaid injunction have been com mitted by the following persons, name ly: Clyde Cook Clifford Carter Zella Nelson Mary Nell Currier , Lawrence Brantley Henson Nelson Cleo Nelson Chris Foust i John B. Long J. C. Cooley Alonzo Bullock Raymond Wood William Brakebill Thomas R. Sanders W. H. Till , Jimmy Pearce And it further appearmg that a P*‘ tition has been presented to the cou^ by the Honorable John C. Crawford ; Jr., United States Attorney for & Eastern District of Tennessee, chargi^ the above named persons with havte individually and/or in concert ' one or more other persons commit*” one or more of sa d acts of lawless^ by reason of which they are in said P 6 tition charged with criminal contend of this court as defined by Title 18, ^ 401, sub-sec. 3 of the United Staff Code, in support of which petition su®. cient facts by the sworn testimony/^ i witnesses have been presented to court to justify the conclusions here before stated, respecting the acts of la '.. lessness charged in said petition agaia* t the above named individuals; It is, therefore, ordered that a wrjf attachment be forthwith issued e° . manding the marshal of this court , his deputies to attach the bodies of above named individuals and have to . bodies before this court in the dm 1 ',. States Court House at Knoxville, " ^ ; nessee, forthwith, to stand trial on . charge of criminal contempt as in said petition as set out in this ° ^ and to show cause why they show -. be punished therefor and that a a of this order be served upon the individuals at the time they are ap hended. ... i