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PAGE 16—APRIL 1957—SOUTHERN SCHOOL NEWS
Bills to Promote Segregation Make Progress in Texas Legislature
AUSTIN, Texas
JJills intended to promote seg
regation made progress in the
Texas legislature which adopted
finally a resolution urging the
states to resist federal encroach
ment on their authority. Some
churchmen criticized the legisla
tion. (See “Legislative Action.”)
State Dist. Judge Otis T. Duna-
gan set for trial on April 15 the
state’s suit for a permanent injunc
tion against operation in Texas of
the National Association for the
Advancement of Colored People.
(See “Legal Action.”)
More than 20 candidates sought
victory in the April 2 election of a
new U.S. senator from Texas. One
candidate charged that the Texas
Council of Churches—pro-integra
tion—had injected “political chi
canery” into the campaign on the
race question. (See “Political Ac
tivity.”)
Segregation became an issue in
several races for school district
trustees, also to be held in April.
(See “School Boards and School
men.”)
The first Negro basketball play
er in a Texas Interscholastic
League championship tournament
starred for Pecos High School.
(See “Miscellaneous.”)
Anson, in West Texas, arranged to
transfer to an Abilene high school next
year 18 Negro students. (See “School
Boards and Schoolmen.”)
Trial of a lawsuit to integrate Houston
public schools was set for May 20. (See
“Legal Action.”)
Without discussion, the Texas Senate
adopted finally a resolution by Rep. Ben
Atwell of Dallas calling upon states to
use every legal and honorable means of
resisting federal encroachment on their
authority. (Southern School News,
March 1957).
After being held up by the biennial
budget bill, proposed laws aimed at pre
serving segregation made progress in the
Texas House of Representatives. They
will go next to the Senate.
The first to be approved, HB 32 by
Rep. Reagan R. Huffman of Nacogdoches,
would bar any member of the National
Association for Advancement of Colored
People from employment in state or local
government jobs, including teaching. It
would call for expulsion of any employe
belonging to the NAACP 30 days after
the law took effect. Employers who
failed to comply with the law could be
fined.
OTHER BELLS
The following bills also were making
headway in the Texas House of Repre
sentatives:
HB 65, by Rep. Jerry Sadler of Per-
cilla, and others, requiring local dis
tricts to maintain a dual school system
until abolished by local option election.
More than 100 districts have started in
tegration through board decision only.
Oklahoma
(Continued From Page 10)
Fletcher McCoin, its erstwhile teachers.
Cates said the rest of the Hollis school
system is fully staffed.
When the Hollis system was inte
grated at the junior and senior high
school level two years ago, five of the
secondary level students at Booker T.
Washington enrolled in the previously
white schools. The others went to sur
rounding districts. At present, according
to the superintendent, only three of the
five are in the Hollis school system.
Dr. Hodge, the state superintendent of
public instruction, said he has heard of
no other instance of a school district
planning to extend its integration pro
gram in the Hollis manner. He said he
will check with his field men on this
point when they come in for a staff
meeting early in April. Also, he indi
cated, he will try to determine through
them whether any of the 44 Negro high
schools still in operation will be
abandoned for 1957-58. He pointed out
superintendents in any districts which
might take that action will have to act
soon because of an approaching dead
line for notifying teachers if their con
tracts are not to be renewed.
# # #
HB 231, by Miss Virginia Duff, a
pupil assignment plan.
HB 232, by Miss Duff, exempting chil
dren from compulsory attendance at in
tegrated schools.
HB 233, by Rep. Ben Ferrell of Tyler,
requiring school boards to assign pupils
to segregated schools each September
until assigned to schools on factors other
than race.
WITHHOLD FUNDS
HB 234, by Rep. Amos Martin of Paris,
withholding payment of state school aid
funds for pupils integrated without ap
proval at a local option election.
HB 235, by Rep. Abe Mays Jr. of
Atlanta, providing for the state to pay
tuition, equal to the cost of educating
a child in public schools, to non-sectar
ian private schools where segregated
public schools are unavailable.
HB 236, by Sadler, directing the Texas
attorney general to defend lawsuits
against local schools where integration
is demanded.
HB 237, by Huffman, providing a
transfer and appeals procedure for chil
dren seeking to avoid attending inte
grated schools.
ASSIGNMENT REVIEW BOARD
HB 238, by Huffman, creating a Joint
Legislative Committee on School Assign
ments to review appeals from local
board decisions on integration requests.
HB 239, by Rep. Joe N. Chapman of
Sulphur Springs, declaring state policy
to protect the public against racial ten
sions and requiring registration of all
persons and groups whose main activity
concerns race relations.
Two other bills on segregation also
have been introduced in the Texas legis
lature.
HB 708, by Rep. Herman V. Puckett
of Quitman, would make the barratry act
apply more specifically to solicitation of
applicants for school integration.
LOCAL TRUSTEE POWERS
HB 831, by Rep. Alonzo W. Jamison
Jr. of Denton and Louis Dugas Jr. of
Orange, would permit local trustees to
order integration without elections. It
also provides for pupil assignment and
for appeal to the state courts.
First pro-segregation bill to come be
fore either house in the Texas legisla
ture this session was Huffman’s HB 32
aimed at prohibiting public employes
from belonging to the NAACP.
It received a 75 to 49 vote for final
passage in the Texas House of Repre
sentatives.
Rep. Bob Mullen of Alice, in south
Texas, opposed the bill saying it is “an
invitation for the federals to move for
ward with civil rights legislation.”
Mullen predicted that the bill will be
declared unconstitutional in court if it
becomes law.
Like other authors of segregation bills,
Rep. Huffman comes from East Texas.
His county, Harrison, is predominantly
Negro. Huffman contended that race re
lations remain peaceful so long as the
NAACP does not “agitate.”
UPSHUR INCIDENT
Huffman told of an incident in Up
shur County a few months ago.
“NAACP imposed on a Negro preacher
—they work on Negro preachers and
some white preachers,” said the East
Texan. “The Negro preacher started or
ganizing for NAACP.
“In less than 24 hours the white citi
zens of the county had organized a white
Citizens Council with 3,500 members.”
Huffman contended that “if there’s no
NAACP in Texas there will be no white
Citizens Council.”
Two amendments by Rep. A. R.
Schwartz of Galveston were stricken on
parliamentary points. Both aimed at au
thorizing removal of members of organi
zations listed as subversive, rather than
NAACP members.
Rep. Bob Mullen of Alice asked if
Huffman’s bill would “have any effect
on elected officials who may be mem
bers of the NAACP.”
“I think it would and should apply
to legislators,” Huffman replied.
RESULT ARGUED
Opponent Mullen argued that “this
bill and others are going to put a lot
more pressure behind” federal civil
rights legislation, aimed at curbing state
authority in race relations. Huffman
said, “I think you’re wrong.”
Five or six members on voice votes
in the 21-member State Affairs Com
mittee opposed the segregation bills,
most of which were recommended by a
Statewide Advisory Committee on Seg
regation appointed by former Gov. Al
lan Shivers. The opponents came from
districts where integration has started
in public schools or colleges, or both.
Some members favoring the bills come
from districts where there has been in
tegration and others from all-segregated
districts.
Most of the time at the committee
hearings was taken up by whites and
Negroes opposing the legislation.
Speaking for the program was Hall E.
Timanus of Houston, head of the legal
committee which drafted the bills. “The
constitution does not require integra
tion,” said Timanus. “It merely forbids
segregation. A dual school system may
be retained if discriminatory features
are removed.”
An opposing view came from the Rev.
Foy Valentine of Dallas, representing
the Texas Baptist General Convention:
“These bills impress me as being racist
in nature, designed to stir up people
instead of help them.”
Valentine presented a resolution by
the Baptist convention favoring compli
ance with the U. S. Supreme Court de
cisions.
OTHER SPEAKERS
Others speaking against one or more
of the bills were Nelson Pryor Patter
son of San Antonio, minister of the Af
rican Methodist Episcopal Church; the
Rt. Rev. James M. Boyle, representing
Roman Catholic Archbishop Robert E.
Lucey of San Antonio; Marvin Vexler
of San Antonio, B’nai B’rith Anti-Defa
mation League.
Also, Leslie J. White of Austin, secre-i
tary of the Negro teachers state associa
tion; Maco Stewart Jr. of Galveston,
University of Texas law student repre
senting Young Democratic Clubs of
Texas; J. P. Darrouzet, Austin attorney;
Robert C. Eckhardt of Houston, lawyer
REP. R. R. HUFFMAN
Sponsors Three Bills
for Texas State CIO Council; Trent
Cheyney, representing Bexar County
Young Democrats; the Rev. Das Kelley
Barnett, teacher at Episcopal Theological
Seminary in Austin.
Also, Blake Smith of Austin, pastor of
the University Baptist Church; Claus H.
Rohlfs of San Antonio, representing
Southwest Texas Conference of Meth
odist Churches; Mrs. Maxine E. Lom
bard, an Austin Negro mother; and W.
Astor Kirk of Austin, professor at Hus-
ton-Tillotson College.
BASED ON BROTHERHOOD
Opponents argued mainly that the
segregation bills violate principles of
Christian brotherhood; will promote
rather than remove race discord; and
would violate civil liberties. The biggest
criticism concerned HB 32 and HB 239,
bills which were not aimed primarily at
the school integration problem.
A resolution expressing objection to
the bills was sent by Miss Ruth Ellinger
of Dallas on behalf of the Americans for
Democratic Action. It urged legislators
to withhold support of any bills which
would “evade proper constitutional
processes.”
Committee members asked many
questions about how the spokesmen for
churches, labor unions and other organi
zations determined sentiment among
their members on segregation questions.
Most churchmen answered that no ef
fort was made to find out how the mem
bers stand.
PREACHERS DIFFER
Rep. Ben Ferrell of Tyler, a Baptist,
told witness Valentine from Dallas that
he noticed a great difference of opinion
among Baptist preachers on the subject
Leslie White, secretary of a Texas
Negro teacher group, said that “a mi
nority” of its 8,000 members belong to
the NAACP. But he said that Negro
teachers generally believe a law to pro
hibit them from belonging to the
NAACP or a similar organization is un
justified.
Archbishop Robert E. Lucey of San
Antonio, spiritual head of Texas Roman
Catholics, sharply criticized legislators
supporting the segregation bills. Arch
bishop Lucey has long advocated racial
integration.
The churchman said “segregationist
legislators” should resign. He charged
advocates of segregation are “playing
into the hands of Communists . . and
displaying ‘lack of patriotism, hypocrisy
and stupidity.”
Several legislators took exception to
the archbishop’s remarks.
One of these was Rep. F. S. Seeligson
of San Antonio, who voted against the
bill to bar public employes from mem
bership in the NAACP.
“I feel that I am in the best position
to say how disappointed I am in Arch
bishop Lucey’s statements,” said Seelig
son.
“Apparently it was perfectly correct
for the NAACP to offer resistance to the
Constitution of the United States by at
tempting to change the separate but
equal school doctrine. But it is rebellion
against the Constitution and tyranny
for the citizens of East Texas, or any
body else, to try to solve the problem
of integration as they see fit by delay.”
Rep. Jerry Sadler of Percilla said of
the Archbishop’s remarks:
“I never pay attention to crackpots,
so I’m not going to resign.”
The Texas Convention of Christian
Churches, meeting in Dallas, adopted a
resolution “opposing all legislation
which would either directly or indirectly
evade the integration issue.”
The group said some bills pending in
the Texas legislature “involving racial
integration . . . are in flagrant viola
tion of the Supreme Court decision on
segregation.” Specifically mentioned was
HB 32 which would bar NAACP mem
bers from state and local government
employment.
BI-RACIAL MEETINGS ASKED
Another resolution approved called
for Christian churches to include Ne
groes in leadership training schools, in
stitutes and conventions.
A bill and a constitutional amendment
for Texas to build schools with state
funds have been introduced by Rep.
Truett Latimer of Abilene. Since many
local districts are having trouble pay
ing for adequate schools, state aid was
suggested as the alternative to federal
aid.
Latimer seeks to set up a $200,000,000
fund to build schools which would be
leased to local districts.
Local districts have been spending
about $45,000,000 a year on buildings.
Texas Education Agency estimates
that $525,982,345 will be spent on public
education this school year — excluding
colleges. This would be $285,168,045
state funds, $227,303,300 district, $12,961,-
000 federal, and $550,000 county funds.
The total will be $60,000,000 a year
higher by 1958 because of increased en
rollment, the agency estimates.
Dist. Judge Otis T. Dunagan of Tyler
has set for trial April 15 the state’s
request for permanent injunction
against the NAACP. (State of Texas v.
NAACP. See SSN, October, 1956)
The organization has been under a
temporary injunction since Sept. 21,
1956, on application of former Atty. Gen.
John Ben Shepperd. The state contends
the NAACP violated Texas law by mak
ing money on a non-profit charter, by
soliciting litigation on integration suits
and in other ways.
Judge Dunagan rejected NAACP’s
motion to move the trial from Tyler to
Dallas or Austin.
U.S. Dist. Judge Ben Connally set for
hearing May 20 the application of two
Negro students to enroll in white pub
lic schools of Houston (Benjamin et al
v. Houston Independent School Dis
trict).
Houston is the largest segregated
school system in the nation. A study
committee has indicated that it will
come up with with “some method of
compliance with the Supreme Court
ruling” by May 1.
Twenty-one Democrats and two Re
publicans were running for the U. S.
Senate in a statewide election set for
April 2. The winner will succeed Wil
liam Blakley of Dallas, temporary sen
ator following the resignation of Price
Daniel to become Texas governor.
Segregation was no issue in the cam
paign.
Herbert J. Antoine, a Republican,
criticized a request by Texas Council
of Churches for all candidates to en
dorse a code of ethics. The candidate said
the code was “nothing but a front to
cover up” the organization’s attempt to
get candidates on record concerning the
U. S. Supreme Court s decisions on ra
cial integration. Texas Council of
Churches has been promoting integra
tion.
‘VIOLATES OWN CODE’
Said Antoine, a political newcomer;
“The Council of Churches is guilty of
being the first to violate their own
code of ethics, using political chicanery
to secretly nail down the candidate as
to his views on segregation and the
United Nations so it might be quietly
passed on to the proper sources.
“It is the duty of the church to pro
mote peace and good will among men
and not mess in politics.”
The Rev. M. T. Banks of Beaumont,
lone Negro candidate in the race, said
that if elected to the Senate he will ask
President Eisenhower to use federal
troops to enforce integration.
Eighteen junior and senior high school
Negro students at Anson will be trans
ferred to a Negro high school in Abilene,
23 miles away, starting next fall. The
students have been attending a segre
gated school with elementary pupils.
Anson had 819 white and 56 Negro
scholastics, according to the 1956-57
count.
In Dallas, a Young Democratic Club
petitioned the school board to integrate
students in September and certain
other activities “immediately.” A mem
ber of the County Democratic Executive
Committee claimed the Dallas Young
Democrats lacked official sanction.
Dr. Edwin L. Rippy, president of the
school board, told Miss Paula Weaver,
club president, that “we have been com
plying for the last two or three years
with the decision as we interpret it.”
Dallas has had surveys under way on
problems of integration.
The Dallas Young Democrats had en
dorsed the NAACP last October after
the organization was outlawed by a dis
trict court in Tyler.
The club recommended that bi-racial
meetings of parents be started and that
community understanding be developed
through speakers’ bureaus and in other
ways.
AUTHORITY DISCLAIMED
Manuel DeBusk, attorney and secre
tary to the Dallas County Executive
Committee, retorted that Miss Weaver’s
group had no official standing. He said
the national Young Democrats had ap
proved a rival Texas organization.
Some active segregation tickets were
seeking election to local school boards
in April elections. Three names were
filed by the Beaumont Taxpayers for
Segregation.
In Nacogdoches, another East Texas
town, a Negro filling station operator
filed for school trustee.
Mrs. Autherine Lucy Foster, whose ef
fort to attend the University of Alabama
last year led to campus rioting, said at
Tyler that she intends to enter the Uni
versity of Texas in September. She wi
study library science. Her husband, a
Baptist minister, will work on a doctor
of philosophy degree at a Forth Wort
seminary. ,
Negroes now attend the University 0
Texas at all levels. A university spokes
man said Mrs. Foster’s admittance
would depend on whether she meets t e
legal requirements.
Meanwhile, trustees of Bishop Col"? >
a 76-year-old Baptist college for
groes, announced plans to move it tro
Marshall to Dallas within two years-
Dr. Ernest C. Estell of Dallas, chair
man of the executive committee, s»*
the move would follow the trend of
groes moving to urban centers. Bisno^
a four-year senior college, has opera
a junior college branch in Dallas to
years.
Sports writers noted the presen ^
the first Negro player in history a _
state basketball championship
ment of Texas Interscholastic Lea go ^
Ira (Bubba) Ephriam was the st ^ er _
the Pecos High team, which was runn
up in Class AAA to Smiley High- ^
John Ben Shepperd, former a 0 le
general of Texas, told a group 0 g( j to
legislators why he had volunteer ^
defend citizens in the Clinton,
segregation case: w,r-
“The Clinton case is the greates ^
tion in the history of U. S. justme- # f