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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