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SOUTHERN SCHOOL NEWS—FEBRUARY 1957—PAGE 15
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MONTGOMERY, Ala.
Uederai. District Judge H. Hobart
1 G roo ms of Birmingham ruled Jan. 18
t hat the University of Alabama board
of trustees was justified in expelling
5^ Autherine Lucy Foster Feb. 29,
1956. , u
Judge Grooms upheld the universi
ty's contention that it had expelled Mrs.
Foster (then Miss Lucy) for her un
proven charges that university authori
ties had conspired in the riots which
drove her from the campus last Feb. 6.
Although the Grooms ruling left the
doors of the university open to other
Negro students, it was a severe setback
for Mrs. Foster, first Negro ever to at
tend the school, probably ending her
four-and-a-half year attempt to be ad
mitted to the Tuscaloosa campus. (See
“Legal Action.”)
As the month ended, events sur
rounding a year-long series of bomb
ings and shooting growing largely out
of the bus segregation issue took a new
turn with the arrest of eight white men
in Montgomery. At a news conference
Jan. 30 Police Commissioner Clyde
Sellers disclosed that one man, whom
he identified as Henry Alexander, 27,
of Montgomery, had signed a statement
admitting he fired into the side of a city
bus on Dec. 31, 1956, the sixth shooting
incident involving buses since the end
of transportation segregation 10 days
before. Sellers said also that police have
“several confessions and statements
tying in with certain bombings.”
Against the background of bombing
and other violence (see “Miscellane
ous”) Gov. James E. Folsom was re
ported preparing to recommend
strengthening of segregation laws when
the legislature meets in May.
Lending credence to the reports was
the governor’s appointment of E. C. Bos
well of Geneva as his legal adviser. Bos
well, author of the famous “Boswell
Amendment” designed to prevent mass
Negro voting, is an ardent segregation
ist and recognized constitutional author
ity.
Meanwhile, legislators were reported
at work on a number of anti-integra
tion measures to be introduced when
the legislature convenes in regular bi
ennial session May 6. (See “Legisla
tive Action.”)
U. S. District Judge Hobart Grooms
of Birmingham ruled Jan. 18 that the
i University of Alabama was justified in
expelling Miss Autherine Lucy (now
Mrs. Foster) last Feb. 29 for her un
proven charges that university authori-
i ties had conspired in the riots which
drove her from the campus Feb. 6.
(Autherine Lucy et al v. William F.
Adams et al).
, Miss Lucy’s attorneys had made this
charge formally in a petition for an or-
er to readmit her to classes. However,
the charges of conspiracy were read by
, or attorneys to the press and widely
Publicized. The heart of the university’s
contention in defense against the con-
action was that the repetition of
, , e charges outside court was not privi-
e gcd and hence the board had lawful
grounds for disciplining the student who
wade them.
ast August, on another motion filei
y Mrs. Foster’s attorneys, Judg
moms said “the trustees have an un
9uesti 0nei i right to expel a student fo
a f cause,” adding that the cour
tr .. “ not interfere with the adminis
a lve acts of the trustees or the of
cer® nf the university except upon ap
shn^ 1 - 13 ^ ryrocee dings, and after a clea
cnrw-t S . tba * suc h acts contravene tb
d P fl S 1 utional rights of the plaintiff a
aed by the Supreme Court.”
based on race
j n ,, ls B f°r the university to prove
in- t s "°w-cause contempt proceed
w as an , that its expulsion orde
conh> °i based on color. The university
and wt,- ** excelled Mrs. Foster
Selma e s t u dent Leonard Wilson o
Wilson Un< ^® r authority of state law
demon't aC . t * Ve during the Februar'
PUhlini ra t lons at the university, ha<
0. £ stated that the president, Dr
and tb arp }* c hael, was “not fit to serve,'
houserl . university “should have ;
In a 6aning from top to bottom.”
the NA^rp 3 * 0 act * on * n Birmingham
feesfo^Zl-ied paying attorneys
honer Mrs p' ,f° S ! er and her co ‘P eti '
The d • f olly Anne Myers Hudson.
r og a t 0r] . enia came in answer to inter-
on gj e Cs ln one of four $1 million suit:
Court uv ^bffenson County Circui
brought- v, '£ Particular action wa
"’as nam a i. d ^ a ^ s of Tuscaloosa wh<
alleged by , Mrs - F °ster as one wh<
*n the p P y, C< ^ ns i ) * re< f w ith the university
The NA Ar> Carnpus riots ’
sw ers , 4 r CP als ° listed, in other an
Earned sev C , apters in Alabama ant
t° the Amb ou t“°f-state contributor;
Most of tb 6 f nne Taicy educational fund
°r New J p Unds came from New Yorl
rsey residents, but $5,000 ii
Court Rules University of Alabama
Trustees ‘Justified’ in Lucy Case
attorneys’ fees came from special de
fense and education funds which are
considered separate from the organiza
tion itself.
LEGISLATIVE ACTION
Alabama legislators are busy prepar
ing bills for introduction when the leg
islature convenes May 6. From the vari
ous reports there seem to be almost as
many proposals as there are lawmakers.
And for the first time Gov. James E.
Folsom may take a leading role in the
fight to maintain separation of the races.
FOLSOM’S STAND
One administration leader says the
governor’s attitude now is: “A great
majority of the people are for segrega
tion, period.” The same source predicted
Folsom would include segregation rec
ommendations in his address to the leg
islature when it convenes.
Among the bills being drafted for in
troduction in May are measures to fur
ther strengthen the “freedom of choice”
plan as approved by voters in an Aug.
28 amendment election. The referendum
merely authorized changes in the state’s
constitution which theretofore had made
the maintenance of a free public school
system, with separate facilities for Ne
gro and white children, mandatory.
Freed of the constitutional barriers,
lawmakers now have considerable lib
erty to take whatever steps they
deem necessary to prevent integration
in state schools.
BILLS BEING PREPARED
Birmingham’s Sen. Albert Boutwell,
principal proponent of the overall “free
dom of choice” plan, is one of a group
of legislators now busy writing meas
ures to implement the amendments.
They are being aided by a special com
mittee of the State Bar Association.
One of the new bills will likely be a
measure to prevent integration in Ala
bama’s white colleges—a ban which is
beyond the scope of either the school
placement law or the freedom of choice
amendments and enabling act.
To Sustain
Here are the main portions of the de
cisions hy U. S. District Judge Hobart
Grooms in the case of Lucy v. Adams,
involving the University of Alabama.
What is the test for the determination
of the issue here involved? Is it not this
Is the evidence sufficient to justifv ex
pulsion of any student, regardless of
color, standing in the shoes of movant
Lucy? Applying this test, if the evidence
is not sufficient to justify expulsion, the
court would be warranted in concluding
that movant was expelled because she is
a Negro. If the evidence is sufficient,
movant has no cause to complain, and
the court would be warranted in con
cluding that she was not so expelled
but was expelled for justifiable cause.
If she was expelled for just cause and
not because she is a Negro, she cannot
be heard to say that she has been denied
the equal protection of the laws guar
anteed by the Fourteenth Amendment
to the Federal Constitution.
While the equal protection provision
forbids racial discrimination, it does not
grant immunity from equal application
of the laws because of race. If I cor
rectly read the Supreme Court decisions
construing the equal protection provi
sion, and especially the more recent de
cisions, that provision does not warp the
color line—it erases it.
In her “motion for issuance of order
to show cause and for contempt judg
ment”. .. the plaintiff made the follow
ing among other averments:
“That her suspension is a cunning
stratagem for denying her right to at
tend and pursue courses of study at the
University of Alabama.
“That defendants Adams and J. Rufus
Bealle, etc., and numerous other un
identified persons conspired to deny the
injunction order of this court, have in
fact done certain overt acts in defiance
of the said order, and have done acts so
near to this court as to obstruct the ad
ministration of justice by this court . . .
the above named individuals who are
members of the board of trustees like
wise, since Feb. 6, 1956, acting in concert
with defendant [Adams] have refused
to permit plaintiff to pursue courses of
study at the University of Alabama.
During January, ministerial, civic and
fraternal groups joined in deploring re
cent violence brought on by racial ten
sion resulting from the desegregation of
Montgomery buses and Negro chal
lenges to segregated transportation in
Birmingham and Mobile.
Condemning the dynamiting, shooting
and cross burning (see “Miscellaneous”)
were such groups as the following:
The 126th annual diocesan convention
of the Episcopal Church, meeting in
Birmingham, condemned “all lawless
acts” and called on Episcopalians to
“give their wholehearted support to the
law enforcement authorities in our state
and its communities in their efforts to
maintain law and order.”
Also in Birmingham, the Council on
Human Relations urged all citizens, par
ticularly business, civic and spiritual
leaders, to take immediate steps to end
violence and bring about settlement of
racial problems.
Pointing out that violence “is detri-
Contempt
“Defendant Adams and the above-
named individuals who are members of
the board of trustees have failed and re -
fused to take the necessary action to
prevent the unidentified individuals
from milling about on the campus of
the university, from inciting students to
parade, demonstrate and make anti-Ne
gro speeches and threaten the plaintiff
with bodily harm. Defendant Adams
and the above-named individuals who
are members of the board of trustees
have intentionally permitted the said
acts of the unidentified persons in order
to assimilate an air of riot and disorder
and rebellion on the campus against the
plaintiff in order that same may be used
as a subterfuge for refusing to permit
her to pursue courses of study at the
university.
“Defendant Adams and the above-
named individuals have conspired to
and have failed and refused to comply
with the injunction order of this court
of July 1, 1955.”
In her affidavit with said motion,
plaintiff states that... “she believes she
has been suspended by the board of
trustees ... to appease persons having
no connection with the University of
Alabama who wish to defy and prevent
the enforcement of the order of this
court...
The charges were given wide pub
licity by the various news gathering
agencies, including the radio and tele
vision news service. When the motion
was called for hearing on the 29th day
of February, 1956, plaintiff’s counsel, in
open court, stated that these charges re
ferred to could not be substantiated, and
asked leave to amend the motion. Such
leave was granted . . .
The evidence offered upon this hear
ing establishes the fact that the charges
and statements above referred to are
baseless and without foundation in fact.
The members of the board of trustees
are prominent in the professional, busi
ness and civic life of this state, and
these charges and statements are of a
serious nature. They reflect not only
upon the individuals but upon the uni
versity as well. Under all the evidence
the board was justified in expelling
movant, Autherine Lucy.
mental to every phase of community
life,” the Council warned of the damage
to business as well as the effect on gen
eral respect for law and order. The
Council asked community leaders — in
business as well as in the churches—
to assume roles of active leadership.
CHURCHES, HOMES BLASTED
In Montgomery, following the dyna
miting of four Negro churches and
homes of two integration leaders Jan.
10, 25 Protestant clergymen and a Jew
ish rabbi issued this joint statement:
“We call upon all citizens to join with
us in . . . repentance for the violence
done against the homes of some of our
citizens, against houses of God, against
the peace, order and good will of our
community. Whatever our differences of
opinion may be, we cannot remain si
lent and allow our community to lapse
into barbarity and terrorism and intimi
dation . . . Violence must not be al
lowed to continue.”
“Men of Montgomery”, an organiza
tion of prominent Montgomery busi
nessmen, declared in an ad in Mont
gomery papers:
“The problem facing us today is not
a question of segregation or integration
—it is violence! ... We urge that no
stone be left unturned to bring these
cowards to justice and that they be pun
ished to the fullest extent of the law.
The responsible citizens of this com
munity look to the officials who are
charged with maintaining law and order
... to see that the guilty are caught
and prosecuted ... We call upon you
who are causing this violence to realize
you are accomplishing nothing but ha
tred, you are rapidly destroying our
city. The tragic events of the last few
weeks, if continued, will hurt you and
your family . . .”
In Mobile, 30 local organizations is
sued a joint statement Jan. 16 condemn
ing violence and asking full enforce
ment of city laws outlawing such acts.
Published in an ad in local papers, the
statement denounced the Ku Klux Klan
(which has burned a number of crosses
and conducted other demonstrations in
the Mobile area in recent months) as
“an un-American, subversive and ter
rorist organization.”
January was the most violent month
in Alabama’s recent history, most of the
incidents apparently stemming from the
integration on Montgomery buses in late
December (Southern School News,
January, 1957).
On Jan. 10, four Negro churches in
Montgomery were heavily damaged by
large dynamite bombs. Also blasted in
the two-hour raid were the homes of
two ministers, both leaders in the Mont
gomery bus boycott movement, one
white, the other Negro.
In another attack Jan. 27, a Negro cab
stand was blasted and an attempt made
to bomb the home of Rev. Martin Luther
King Jr., boycott leader. The bomb on
the King porch failed to explode.
Eight white men were under arrest
at the end of the month as law enforce
ment officers pressed the investigation
into the shootings and bombings.
KLANSMEN SHOT
In Birmingham, where the home of a
Negro minister had been bombed in De
cember two Klansmen were shot and
seriously wounded during a meeting of
the “Ku Klux Klan of The Confederacy”
in a local theater Jan. 22. The shootings
resulted from an argument over “one-
man rule” of the organization — an ap
parent reference to Asa Carter, 32, Citi
zens Council official and vocal segrega
tionist in the North Alabama area.
Carter, though denying he is a Klans-
man and that he was present at the Jan.
22 meeting, was among five persons ac
cused by police in connection with th<'
shooting.
Also in Mobile, white college boys at
the desegregated Spring Hill College, a
Jesuit school, disbanded a group at
tempting to set fire to a six-foot cross
in front of a dormitory. The intruders
ran without igniting the cross when the
students charged out of the dormitories.
The next day, students hanged in effigy
a white-robed figure labeled “KKK”
near the spot where the cross was found.
Spring Hill College opened its classes
to Negroes three years ago and now has
about 40 in the student body.
In Carrolton, Pickens County, Ala.,
robed nightriders shot up the home of
a Negro tenant farmer and ordered him
to move within 48 hours. Only motive
for the incident was a reported rumor
Evidence i Insufficient’
that children of the farmer, Lee Dough
ty, had planned to ride a white school
bus.
Looking back on 20 years of Negro
education in Alabama schools, State
Supt. of Education Austin R. Meadows
saw significant progress. Examples:
Negro high school enrollment has in
creased from 28,078 in 1936 to 87,634
last year; the number of accredited
high schools has jumped from nine to
94; the number of Negro elementary
and high school students transported to
school, from 3,662 to 93,119 in the 20-
year period.
Negro high schools today, Meadows
said, are better staffed and better
equipped with improved library and
laboratory facilities.
Buford Boone, publisher of the Tus
caloosa. News which throughout the
Autherine Lucy disturbances had been
outspoken against mob rule, said Jan. 4
that integration at the University of
Alabama is inevitable.
In an unusual appearance, Boone ad
dressed a Tuscaloosa Citizens Council
meeting. He said:
FAILURE TO COMMUNICATE
“. . . It seems to me that much of our
trouble has come from fear, from lack
of understanding and from failure of
communication between whites and Ne
groes on basic issues . . .
“Fortunately we came through our
most difficult period [the Lucy riots last
February 1 with no lives lost and little
blood spilled . . .
“We got by then. But what about the
next time? Court orders applying to all
Negroes give those who are qualified
to enter the University of Alabama the
right to do so. Your organization has
taken a stand against activity outside
the law. What are you going to do when
the next Negro student appears on the
university campus under the protection
of our courts and with the right to ex
pect assistance from law enforcement
officers, if needed? . . . Sooner or later
. . . another Negro student will appear
on the university campus. Under such
circumstances are whites again going to
attemot to take the law into their own
hands? And if so will you be a party to
such mob action either in person or in
moral support?
BELIEVES COURT RIGHT
“I believe the Supreme Court deci
sion had to come and it was morally
right. Nothing in it is inconsistent with
ray conceotion of democracy, even
though a background of southern liv
ing, southern custom and southern tra
dition tells me it will be strange to see
colored faces at the University of Ala
bama . . .
“Some plan based upon admission of
qualified Negro students to graduate
and professional schools offering courses
not now available in Negro institutions
seems to me to offer the best possibility.
If, in return for this concession, Negro
students could refrain from making
other annlications to white schools for
a period of trial and adjustment, that
would contribute to a gradual solution.
But we are going to have to make some
concessions, whether they be gradual or
sudden.”
But in the matter of public schools,
Boone saw a far greater problem:
NEGRO RESPONSIBILITY
“I cannot see how integration can pos
sibly be accomplished on any major
scale in Alabama anytime soon. Pres
sure for that development should not be
exerted. And if it is done our public
school system will be abandoned and
possibly wrecked . . . For the Negro the
contribution must be acceptance of less
speed than could be demanded legally
in implementation of newly established
rights. Meanwhile, time and attention
can be directed by our Negro groups
and institutions toward a greater under
standing of the responsibilities of first-
class citizenship. For there is much re
sponsibility along with privilege.”
The Rev. Alvin Horn, Baptist minis
ter and Ku Klux Klan leader of Tal
ladega, said Jan. 12 that the end of ra
cial segregation on Montgomery buses
“is the last concession we will make.”
Horn said recent developments have
helped swell membership of his Klan
group, one of several in the South. How
ever, he said recent outbreaks of vio
lence were “harmful to our cause.” His
organization is committed to staying
within the law and will concentrate on
educating “our people about what is go
ing on,” he said.