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PAGE 2—MAY I960—SOUTHERN SCHOOL NEWS DELAWARE Court Asked To Reverse Grade-Per-Year Order DOVER, Del. HE U. S. THIRD CIRCUIT Court of Appeals has been asked to reverse a district court order ap proving grade-a-year desegrega tion of Delaware schools and to order immediate desegregation of all grades. (See “Legal Action.”) A local district and the state board don’t see eye-to-eye on the registration and transfer of Negro pupils at the second-grade level. (See “School Boards and School men.”) An outspoken foe of integra tion has been endorsed for gov ernor by a Democratic club. (See “Political Activity.”) LEGAL ACTION The U. S. Third Circuit Court of Ap peals in Philadelphia was asked on April 22 to set aside Delaware’s grade- a-year desegregation program and order immediate desegregation of all 12 public school grades. Louis L. Redding, attorney for 42 Ne gro pupils who sued for admission to white schools in 1956, asked reversal of a U.S. district court order in July 1959 by Judge Caleb R. Layton III, approv ing the gradual plan advocated by the State Board of Education. Redding argued that the original de segregation order from District Judge Paul Leahy in 1957 entitled his plain tiffs to admission at all grade levels. Originally, he told the court, there were 42 pupils, but 16 have either dropped out or have been graduated. Judge Layton’s order, Redding con tended, “completely deprives the plain tiffs of any right to desegregated edu cation.” Furthermore, he said, it “invalidly assumes to vary the mandate of the appellate court,” which upheld Judge Leahy’s original order. Redding also took issue to the fact that Judge Layton apparently took community hostility into consideration as an obstacle against any more imme diate plan. REPRESENTS STATE Atty. Gen. Januar D. Bove Jr., repre sented the state board in the hearing before Judges John Biggs, Herbert F. Goodrich and Harry Kalodner. Bove denied that the Negro pupils have any immediate right to enter white schools. “If they have a present, immediate right, that would mean immediate de segregation in all grades in all the schools in the land, which the U.S. Su preme Court, itself, has rejected.” If the court directs the admission of the plaintiffs, “it would mean, in Sep tember, that all others in their class will apply,” Bove told the court. An action of that nature, he said, would place a great financial burden on the educational system. Bove wouldn’t concede, in answer to a question from Judge Biggs, that “this is the absolute minimal plan.” “It is not the most minimal plan that can be conceived,” he said. CONSIDERED TIME ELEMENT Bove, who also represented the state board in the hearing that led to Judge Layton’s order, told the court that “Judge Layton properly did consider the time element.” ‘ And remember,” he told the three judges, “Judge Layton had only one plan before him.” The plan, which went into effect last September with 25 Negro pupils ad mitted to the first grade in white schools, has worked well, Bove said. But there is one minor exception, he said. “Caesar Rodney (a special district near Dover) seems to take the position that once a Negro enters the first grade of a Negro school he cannot ever en ter a white school. The state board takes the opposite position.” ASKED REJECTION Two other attorneys, representing lo cal districts, also asked the court to reject the appeal. James M. Tunnell Jr. said “The state of Delaware, in the exercise of its dis cretion, decided to set up the one- grade-a-year plan in the interest of the majority of the people. “This plan has imagination. I know of no other southern state which has agreed to eliminate all segregation in public schools within 12 years.” Immediate desegregation, Tunnell said, “would handicap an educational system and people who are not the culprits.” To give the plaintiffs their rights, he said, “would injure a number of third parties.” Everett Warrington argued that Judge Leahy did not order immediate admission of the Negro pupils, that the order was purely a “declaration of de cisional law.” The court took the case under advise ment. Normally, an opinion is delivered within 60 days from the date of the hearing. Earlier in the month, a directive trom the State Dept, of Public Instruction setting registration policy for first and second graders resulted in an angry exchange of letters between the Caesar Rodney and the State Board of Educa tion presidents. Under the gradual desegregation plan now at issue before the court, Ne gro pupils will be allowed to enter the first two grades in September. Caesar Rodney’s president, James R. Bennett, took specific issue with para graph 2, which set May 9-13 as regis tration dates, and which states: “In grade two all second-grade chil dren who are entering grade two for the first time in your school district and those who wish to transfer from one to another in your school district.” Bennett held that the “orderly de segregation program is threatened by the capricious action which would al low unregulated transfer of second grade pupils in what appears to be an effort to speed up the gradual process.” SAYS LOCAL CONCERN The regulation of the routine trans fer of pupils between the schools of the district is the concern only of the local board and not the State Board of Edu cation, Bennett said. A Caesar Rodney regulation, he said, states that “pupils may transfer from one school to another within the dis trict only with the express approval of the Board of Education.” The state board, Bennett said, should take “immediate steps to bring its di rective within reason and within the legal limits of the state board’s author ity.” Vincent A. Theisen, the state board president, struck back swiftly, not at the Caesar Rodney president, but at the Caesar Rodney superintendent of schools. Theisen was particularly irked that the story broke in the Delaware State News at Dover before the Caesar Rod ney letter of protest was delivered to the state board or to Dr. George R. Miller, state superintendent. WRITES BENNETT Theisen wrote Bennett that “the prior cooperative association that the state board has had with your local board leads me to believe that the charges that appear in the paper are not of your making. “I am more inclined to believe that you would have directed a letter to the state board or to Dr. Miller before re leasing such unfounded charges in the newspaper. I must, therefore, assume that this is another example of the un cooperative and undermining tactics which are constantly being resorted to by your superintendent, William B. Simpson. “On prior occasions,” Theisen said, “I have publicly admonished Dr. Simpson in what I considered to be his un-co operative attitude in other matters ...” QUOTES ORDER Theisen answered the charge that the state board was trying to speed up de segregation by issuance of the direc tive by quoting the district court order signed by Judge Caleb R. Layton HI. “1) Commencing with the start of the fall term 1959 and thereafter, all pupils entering grade one in any public school district in the state of Delaware which has heretofore not admitted pupils un der a plan of desegregation approved by the State Board of Education shall be admitted on a racially non-discrim- inatory basis. “2) At the beginning of each suc ceeding school year pupils shall be ad- DR. JOHN W. LETSON New Atlanta Superintendent mitted to such schools on a racially non-discriminatory basis in the next higher grade until complete desegre gation has been effected at a time not later than the school year beginning in 1970.” Theisen then told Bennett that in compliance with the second paragraph of Judge Layton’s order the state board is required to admit pupils on a racial ly non-discriminatory basis in the sec ond grade beginning in September 1960. The Delaware attorney general, Thei sen said, “after carefully reviewing the language of the directive, advised Dr. Miller that in his opinion the language adopted was in compliance with the provisions of Judge Layton’s order.” Therefore, Theisen concluded, “your alleged charge, which I feel, under the circumstances, must be attributed to Dr. Simpson, that our directive is ‘capricious’ is completely unfounded.” HOLDS FIRM But Bennett held firm in his beliefs in an answering letter to Theisen and suggested “that you, even at this late hour, call a meeting of the school boards of the state which are concerned in order to develop some reasonable substitute for the directive issued. “We suggest your directive confine its scope to the incoming first grade and let the second grade problem be dealt with by each district concerned,” Ben nett wrote. Bennett noted that the state board did not consult with Caesar Rodney before issuing the directive, “which is a matter of great public importance and social significance.” The Caesar Rodnev board, he said, “sees no reason to change our position. We believe it is our business to ad minister transfers within the district and our business in doing so to so pro ceed as not to violate the court order.” DEFENDS SIMPSON Bennett strongly defended Dr. Simp son. “Mav we respectfully suggest that in stead of condemning . . . Dr. Simpson, for his vigorous disagreement with some of vour dubious policies, that it might be far more aoDropriate for vou to seek and heed his counsel and there by lend maturity to some of your deci sions. “Dr. Simpson is well trained and ex perienced in the field of education. His doctoral dissertation was on Negro education in Delaware. The Caesar Rodney Board of Education and Dr. Simpson are usually in unanimous agreement on matters of policy, espe- ciallv in the area of integration. “We regret vour frustration, but in matters affecting race relations we be lieve that gradualism is the key word to successful oro<*ress.” Sen. Walter J. Hoey, a “States Rights” candidate for the Democratic nomination in 1956, admits that he would be receptive to the 1960 nomi nation, but is not at this time actively campaigning. The term of Republican Gov. J. Caleb Boggs expires this year and a constitutional limitation prevents him from seeking a third term. The Hoey candidacy started at a meeting of the Camden-Wyoming Ro tary Club, where he was the guest speaker. He was introduced by Magis trate Maurice W. Carrow as a man “eminently qualified to be the state’s chief executive.” Shortly thereafter, Hoey was en dorsed by a Democratic club in Sussex County, of which he is a native. Hoey is an outspoken foe of inte gration. # # # Georgia (Continued From 1) close schools or re-nr>en tliom accord- incr in +T»p dirtotp^ of a mairtrifrr of the cniaHfi<vl motors in fho ofF*v>tp<! unit. Now Towc rpcnmmpndod would: 1^ Pro^nde for tin'Hon grants or Sohnlar^hms for rhfMron wiH^**awn from intoar^tpd schools aod children wV*r>co cnTarv-dc Tamrp hoon closed as 3 result of state laws or court orders. 21 toar»hpr rpHrppnprjt Tvmofifs avoHnldo to fppehors in TYrmroto s^h'-wdq. JO coTmnl Vrnardc to pct^Vdish t>unil nhppmprit r*lor»c if +T10 T ^cHdatlTpe appontod +h“freedom of choice” rec- ommpndaHon. \T A TOPTTV rrYVfT TTTWT) TVio mpirvritv coid it fvmdndod fr-nm its hpp^dnefs that an “o^or-nAiolwiinjj JT)*-.-1/-.rvp nonprfiong WP’it +V|o r*aCPS senaratpd in thp cphoolc and ta^- Simnortpd cpcnv'cfnt^d mihlir* c^hools. "But it said thorp is nn unornrr»?-Hr of oni’H'vn oc to tho ronreo that should be followpd if statewide segregation is mitlawpd. T\4ovio-mm froodom of choico t.o each narent is nrnwdod th« maloriftr said, tw a nroyrision no"rw?fti-ncf oaoh narpnt to Tiic from on intorrrat- ed sohool and to ha^rp tho oliild os- siemod to o non-into rrr a t^>d school if ono is mroiloKto or oleo rrixren a tuition tU'ant for rvrwote schooling. A nlan trnnne* to oaoti looal pommiin- jtv thp rioVit to dotorroinp its own ponreo of a of? on on nrnbloms of a np- Cldiorlv looal naturp. tVip maiorit^r said, grmoirtj to nfFoy tbo 1-voct and most dpm- ocratio nmoodiiro for solving these T>e- culforlv local nrohlpms. <<r TVio conolncion is inoscpn^blo .” the rnoiorit-v rpnnrt said “tViat to maintain total sPcn*pvation PTrprvwhore in thp state, the statp will almost cprtoinlv ba^p to withdraw from the operation of mihlic schools.” TWTVnpiTV PFPOPT Thp minoritv rpnort said thp 19^1 Legislaturp chonld pfFootnatP indnddii;d or°ots in aid for coboolincr in accord ance with a oonstitiitional amendment adontod in 10^4 Tt aerrood fro adorn of choiop should bp cmarartood but re- ipetpd rytmil nbpompnt tolron integra tion or eontrollod dpspcrrpcraHon. Tt recommpndpd that “thp nuhl?c school cwstpm hp nrpcprvpd on a seg- rp^atod b^cis as far as it is nocciblo f 0 do so unloss plosod bv unnrpopdontod fodoral court doorop and that a Svstom of errants be instituted only as a last resort.” Tho nremice of the maioritv that all Gporcria nuhlip sehoolc orp in da^cfpr of bmng clospd was disnuted bv the minority, which said “The consHtuHon and laws of (Georgia clo^rlv do not en vision. nermit. nrovide or authorize total school closings in Georgia in any circumstance . . .” The minoritv oroun s«id the oeonle had snoVen in “unmistakable lanoua<*e” on the sido of conHnuing seerre^ation in the schools no matter what han- pened. Enforced integration could cause serious civil turmoil, bitterness, rancor and internal strife ” it said. SCHOOL BOARDS AND SCHOOLMIN Even as Atlanta awaited its school crisis, the public education system in Georgia’s capital city got a new boss. Dr. John W. Letson, 48-year-old superintendent of Chattanooga public schools, was elected unanimously to a four-year term as superintendent of Atlanta schools beginning July 1. He will succeed Miss Ira Jarrell, who is retiring. The Atlanta Journal noted the event with a cartoon showing Letson climb ing from the “frying pan” of Chatta nooga schools, where a desegregation suit has been filed, to the “fire” of Atlanta schools, where desegregation has been ordered by a federal court. GREATER STRAIN Indications that Georgia’s already- bulging classrooms may be subjected to even greater strain were contained in a U.S. Department of Commerce report that there were 456,000 children under five years of age in the state in 1958. This is the 13th largest under-five group in the nation and an increase of 34,000 over the number reported in the 1950 census. Former Mayor Roy LeCraw proposed that Atlanta segregate its schools by sex. President A. C. Latimer of the board of education said active consid eration had not been given to the idea but the possibility had been left open by inclusion of a provision in the At lanta pupil placement plan authorizing segregation by sex. The city maintained separate schools for boys and girls until 1947. A suit was filed to test whether At lanta still has power to levy school taxes under Georgia school closing laws, in the light of a federal court desegregation order. Moreton Rolleston Jr., attorney for the plaintiff, an Atlanta corporation, contends that the city lost its right to levy school taxes under provisions of a 1959 st=te law. The l~w was amend’d by the Legislature in 1960 but the suit seeks to prevent the municipality from collecting 1959 taxes on the corporation. The path for a U.S. Supreme Court decision on Georgia’s new anti-sit- down law has apparently been cleared on an appeal from Savannah. Sol. Gen. Andrew J. Ryan said the appeal prob ably will arise from the trial of 25 lunch counter sitdowners in Savannah City Court late in April. SPECIFIC PURPOSE The law, passed by the 1960 Legisla ture, is for the specific purpose of dealing with sit-down demonstrations. It provides up to 18 months imprison ment and a $1,000 fine for persons who fail to leave a business premise when asked twice to do so, once in the pres ence of an officer. In Tifton, the city commission passed an anti-sit-down strike ordinance. In Columbus, three white soldiers from the North who are stationed at Fort Benning, attempted to get service in a Negro grill. They were sentenced to 30 days in jail or a $100 fine. COMMUNITY ACTION An increase of interest in private schools outside of the Atlanta area was noted and believed to be a result of the nearing showdown on the desegre gation issue. Atlanta has a number of private schools, all reportedly crowded. Efforts now are being made to establish new private schools in Macon, Savan nah, Tifton, Dublin and Waynesboro. Dr. Nat Long, leader of North Geor gia delegates to the General Confer ence of the Methodist Church, said ef forts would be made to maintain the present jurisdictional structure of the church, which provides a separate jur isdiction for all Negro Methodists. MINISTERS VOTE Columbus area ministers voted 51 to one in favor of local option on school desegregation in a secret ballot con ducted by the Ministerial Alliance. A national Episcopal Church advis ory supporting Negro demonstrations against segregation was criticized by Bishop C. C. J. Carpenter of Birming ham but defended by the Episcopal Society for Cultural and Racial Unity, which has set up headquarters in At lanta. The group’s purpose is to foster racial unitv. Mayor William Hartsfield told an At lanta Negro civic club that if sitdown demonstrations or boycotts were “car ried on in excess, you are going to en danger the progress Atlanta has made in maintaining good racial relations.” Atlanta has had no further demon stration since the initial outbreak in March (See Southern School News, April 1960). MISCELLANEOUS The Southern Sociologists Society, meeting in Atlanta, voted to meet in the future only in cities where inte grated hotel and dining facilities will be available to its Negro members. Earlier, the association was told by Dr. Ralph Minard of Morristown Col lege that integration is not working in the South and will not work until a federal commission is established and armed with broad, sweeping powers. A dynamite blast the night of April 13 damaged a house recently occupied by a Negro family in an all-white At lanta neighborhood. The family, which had moved in the home the previous night, was away at the time of the ex plosion. IN THE COLLEGES Admissions Director William S. Pat rick of Georgia State College in At lanta said several Negroes have ob tained application blanks. The all-white school, a unit in the University System, is under federal court order not to bar Negro students because of their color. # # #