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SOUTHERN SCHOOL NEWS—JULY I960—PAGE 9
GEORGIA
Repeal Segregation Laws, Bar Leader
Gray, an Albany newspaper pub
lisher, is an active segregationist He
said in a speech before the Georgia
Lions Club convention in Atlanta that
there is no legal or moral middle
ground in the segregation vs. integra
tion issue.
MACON, Ga.
H A PLEA FOR REPEAL of all of
11 J*- Georgia’s segregation laws,
01 made by the president of the state
r . bar association, caused wide
st spread comment and brought va-
16 ried reaction from lawyers.
Newell Edenfield of Atlanta
\ said segregation laws now on the
is books hamper, rather than help,
defense lawyers in attempts to
preserve segregated schools. (See
® ,l What They Say.”)
Former Gov. Ellis Amall said
is he believes Georgia public schools
n will be closed because the 1961
~ Legislature will refuse to change
j existing laws. (See “Political Ac-
e tivity.”)
I
f
d Newell Edenfield of Atlanta, presi-
■ dent of the Georgia Bar Assn., called
b for repeal of all of Georgia’s segrega-
;, tion laws.
r The speech set off a bombshell among
i, members of the association, gathered
t in Savannah for an annual convention.
- Reaction was varied and widespread.
Edenfield said that present laws
hamper rather than help in the fight to
1 preserve segregation,
t A number of those in the audience of
1 300 lawyers gave Edenfield—who has
I been associated with the defense in an
r Atlanta desegregation case before a
federal court—a minute-long standing
, ovation as he concluded his 40-minute
i long speech and about 100 lined up at
f the speaker’s table to congratulate the
bar association president.
! STRESSED OPEN SCHOOLS
Edenfield emphasized that he was
speaking as a segregationist—not as an
“open school advocate” and not as a
“token integrationist” — although he
stressed the importance of open
, schools.
The effect of Georgia’s present segre
gation laws is “ironic,” he said, adding
that they make it easier, not harder,
for Negro litigants.
Those cases that were lost by the
defendants, he said, “were lost not only
in spite of local segregation statutes,
but in every instance were lost because
of them. I found, in fact, that while
a school board may or may not win a
school suit if the state has no (segrega
tion) laws, it is absolutely and utterly
impossible to win if it does have such
laws.”
Further, Edenfield continued, in
states where segregation laws exist,
“there is no conceivable situation in
which a school board can win.” School
^gregation suits in Georgia, Louisiana,
Florida and Virginia, where segregation
laws exist or were formerly on the
b°oks, he said, prove “that where a
state by its solemn statutes admits and
even brags that enforced segregation is
being practiced there is nothing left for
the court to decide and a blanket in
junction follows automatically.”
Negroes have consistently lost their
appeals for “blanket relief” in North
Carolina and Alabama, where there
are no state segregation laws, the bar
association president said.
FRINGE BENEFITS’
Without segregation laws, j
cannot sue for desegregation in
action and because of this, he s
-endants get “fringe benefits”
aving to face only one adverss
“ue, and not having to start
blanket federal injunction.
Repeal of existing segregate
must be prompt, Edenfield wa
will not be possible, he said, ‘
a gradual retreat, closing one s<
a *™ e ” tmder present laws. 1
e re are already federal ruling
o^f that a state cannot close J
gated schools and continue tc
ose not involved in
utigation.
^falonged dependence on such seg
regation laws may even jeopardize the
ssibility of maintaining segregation
private schools, he said, comparing
• e sl fuation to the one which existed
w , . ® °Id “private” white primaries, in
ch the Supreme Court ruled these
su terfuge and turned thumbs down
„ , f e ^ state attempted to divorce it-
“ fr °m the primary,
tin e c ,** ea ^ dilemma in the school situa-
y n ’ Edenfield concluded, is the ques-
n of compulsory attendance. If the
state compels attendance at private
schools, it must provide schools for
everybody to attend, he said. But if the
state abandons compulsory school at
tendance, Congress might decide edu
cation is essential to the general wel
fare and set up federal public schools,
he added.
PRAISED SPEECH
It was considered significant that
two Georgia lawyers widely known for
their strong segregation views praised
Edenfield’s speech. One was B. D. Mur
phy of Fayetteville, one of the attorn
eys representing Atlanta in the school
desegregation suit and of acknowledged
influence in shaping state strategy to
preserve segregation. The other was
Colbert Hawkins of Sylvania, a former
House floor leader for then Gov. Mar
vin Griffin and an unsuccessful candi
date for lieutenant governor in 1958.
Disagreement with Edenfield was ex
pressed, however, by Charles J. Bloch
of Macon and R. Carter Pittman of
Dalton, both specialists in constitutional
law and both states’ rights leaders.
Gov. Ernest Vandiver was cool to
Edenfield’s proposal. Predicting the 1961
Legislature would have no part of it,
Vandiver said:
“I think he’s out of contact with
reality. I don’t think the Legislature’s
going to consider the possibility of
repealing segregation laws that have
been on the books for many years.”
Lt. Gov. Garland Byrd echoed Van
diver’s sentiments, saying any changes
in Georgia’s segregation laws would
have to come as a result of federal
judicial decree.
Bloch said Edenfield is giving up too
quickly.
“We ought to fight to maintain our
state constitution and our own laws,”
he said.
DEBATE CONTINUES
Meanwhile, in a state which a U.S.
District Court has said must desegre
gate Atlanta schools or see public edu
cation abolished, the debate continued
over what to do.
Jim Cherry, DeKalb County super
intendent of schools, proposed that
statewide education groups sponsor
fact forums on the school crisis in
every schoolhouse in Georgia. The
idea, he said, would be to present in
formation to help Georgians decide the
“issue of open schools vs. closed
schools.”
Chief Judge Jule W. Felton of the
Georgia Court of Appeals said that the
1954 U. S. Supreme Court desegrega
tion decision is entitled to no obedience
or respect.
The statement was objected to by
Dr. Rufus Clement, president of At
lanta University and the only Negro
member of the Atlanta Board of Educa
tion, in a speech to the graduating class
of Savannah State College (Negro).
Clement said his race does not seek
to intermarry with Caucasians.
“We simply want to get a drink of
water where there is a drinking foun
tain available,” he said.
The principle of lunch counter sit-ins
by Negroes was endorsed by Clement.
MORE DIFFICULT
Former Gov. Marvin Griffin said
events which have occurred since he
was elected in 1955 have made it more
difficult for Georgia to avoid school
integration. He would not “subject the
people of Georgia” to a fight with fed
eral troops as in Little Rock to prevent
integration, Griffin said, yet he would
not be like some Georgians who are
ready “to surrender at the pop of a
paper bag.” Griffin is expected by many
to again seek the governorship in 1962.
In a speech before the Chatham
chapter of the States Rights Council of
Georgia in Savannah, R. Carter Pitt
man said: “The NAACP and equalitar-
ian newspapers are trying to convince
the people of the South that the fight
is over, but the real battle is just now
taking form.”
POLITICAL ACTIVITY
Former Gov. Ellis Amall outlined
the campaign platform on which he
will run for governor in 1962 if the
public schools are closed before that
time.
Amall said he believes the schools
will be closed because the 1961 Gen
eral Assembly will refuse to change
present laws.
He added that in his opinion the race
would be decided by popular vote since
he believes that before then the U. S.
Supreme Court will knock out Geor
gia’s county unit system, under which
rural counties exert disproportionate
influence in primaries and legislative
affairs.
UNCOMMITTED
Georgia’s Democratic party delega
tion, led by Chairman James H. Gray
of Albany, prepared to go to the na
tional convention in Los Angeles un
committed. Efforts to obtain the con
sent of U.S. Sen. Herman Talmadge to
being named a favorite son were un
successful.
IN THE COLLEGES
Georgia is not losing so many col
lege teachers because of the threat of
school closing, but it is having a harder
time attracting qualified professors
from outside the southeastern region,
a Macon Telegraph and News survey
revealed.
One school official said the single
most important reason for most fac
ulty members staying in the state while
the school closing threat exists is Gov.
Vandiver’s pledge to continue salaries
for the school year.
COMMUNITY ACTION
A plea for leadership to keep Geor
gia public schools open in the segrega
tion crisis was made before the 38th
annual summer institute of the Parent-
Teacher Assn, of Georgia at Athens.
Guy Webb, president of a Fulton
County (Atlanta) PTA chapter, con
demned the state’s political leadership,
saying they had “heaped fuel on the
fire.” He suggested the PTA circulate
secret ballots throughout Georgia so
sentiment over the state could be re
corded.
DeKalb School Supt. Jim Cherry said
that all private schools now operating
in the state could accommodate only
30,000 pupils, and parents forced to re
sort to private schools will have to pay
from $350 to $500 per child each year.
Application for a private school char
ter in Sumter County (Americus) was
filed by a group of citizens in the Les-
lie-DeSoto area. # # #
MISSOURI
St. Louis Stages Crash Program in Reading, Spelling
ST. LOUIS, Mo.
A crash program in remedial
reading and spelling for 2,000
elementary school children was
inaugurated by the St. Louis
Board of Education at the close of
spring semester.
The board also announced an
other special program for next fall
to combat the high rate of with
drawals by high school youngsters
when they reach the compulsory
school attendance age limit of 16.
(See “School Boards and School
men.”)
A 25-year-old Negro has become
the first of his race to be admitted
to the apprentice-training pro
gram for sheet metal workers in
St. Louis. (See “Miscellaneous.”)
SCHOOL BOARDS
AND SCHOOLMEN
Two special programs for culturally
deprived children will be financed by
Ford Foundation grants totaling $137,-
025, Supt. of Instruction Philip J. Hickey
said.
One grant for $45,025 is for financing
the six-week remedial reading and
spelling program for students in the
Banneker District and schools in that
vicinity. The district, which encom
passes a relatively small geographical
area, is one of two of the city’s five
districts with a Negro pupil enrollment
of 95 per cent, Hickey reported.
The other Ford Foundation grant for
$92,000 will be used for the program
to combat withdrawals from high
schools. About 300 pupils from McKin
ley, Vashon, Hadley, Central and Soldan
high schools will be selected to par
ticipate. Hickey said the ratio of stu
dents is about 40 per cent white and 60
per cent Negro.
ONE OF SEVEN
St. Louis is one of seven large cities
receiving grants from the Ford Founda
tion to cope with the problems created
by relatively high percentages of cul
turally deprived residents, the school
superintendent said.
Hickey described culturally deprived
persons as those who live in sub-stand
ard conditions and have sharply limited
intellectual backgrounds.
Sixty-five teachers were selected for
the remedial reading and spelling pro
gram. They attended a one-week train
ing session under the direction of
William Kottmeyer, assistant superin
tendent of instruction in charge of ele
mentary and special education.
The participating students were se
lected before the close of the academic
year by principals. All are from the
area of the Pruitt, Vaughn and Igoe
public housing projects.
SECURED CONSENT
Principals conferred with parents or
guardians of the pupils involved, Kott
meyer said. They explained the program
and secured consent and assurance that
the pupils would attend regularly for
the duration of the program, he con
tinued.
The students attend classes daily from
8:30 a.m. until noon. Each teacher has
about 30 pupils assigned to him. Spe
cially prepared materials were given to
teachers to use in working with the
children. Teachers will be expected to
progress with each group as rapidly as
possible, Kottmeyer said.
It is hoped, Kottmeyer said, that as
a result of the program “most of the
group of 2,000 culturally deprived pupils
will develop enough independence to
adjust to our city school curriculum to
the extent that their school experience
can become one of satisfaction and
profit.” Furthermore, he added, “the
program should mean that the teaching
problems in the schools which these
pupils attend during the year will be
considerably minimized.”
In addition to the Ford Foundation
grant, the program required a $13,900
contribution from the Board of Educa
tion.
Supt. Hickey emphasized that the
older students who will participate in
the program to reduce high school drop
outs are not mentally retarded. Their
intelligence quotients, he stated, range
from 85 to 120 as compared with the
average of 90 to 110.
Their problem is that they lack moti
vation, Hickey explained. They do not
apply themselves in school because they
see no reason to do so, he said. They
have set no goals for themselves, nor
made no plans for the future, he added.
YOUNGSTERS DRIFT
The result is that such youngsters
withdraw from school at the age of 16
and drift from one menial job to another,
Hickey said. Since they possess no skills
and little education, their services are
seldom in demand and they account for
a large share of the unemployed, the
superintendent continued.
Under the St. Louis plan, Hickey said,
these “reluctant learners” will be given
part-time jobs while going to school.
Ideally, they will go to school in the
morning and work in the afternoon but
this will probably have to be modified
in individual cases to suit the needs of
employers.
Ten counselors will be employed to
compile data on part-time jobs in the
area. It is expected that most of the
jobs will be in the field of distributive
business, such as grocery, department
and drug stores.
The “reluctant learners” will be
grouped in small classes for English
and social studies. Their other courses
are to be determined by their employers
and counselors, and the courses will be
related to their type of work. These
other subjects will be both academic
and vocational.
10 TEACHERS
Counselors will visit the pupils at
their jobs and confer with employers
about their progress. They also will go
into homes for consultation with par
ents. Ten specially selected classroom
teachers will be used in the program.
“We will not attempt to teach just
vocational skills, but hope that we can
motivate these young people to improve
their reading, writing and arithmetical
skills,” declared Robert L. Baker, direc
tor of secondary education.
Hickey said the project will be made
a regular part of the high school pro
gram if the experiment is a success
after one year. Total cost of the project
will be $174,500, with the Ford Founda
tion paying $92,000 and the Board of
Education the remaining $82,500.
A bill to strengthen the city’s law
against racial and religious discrimina
tion on municipal construction projects
was defeated by the St. Louis Board
of Aldermen on June 8 for the second
time in less than three months.
The vote was 12 for and 14 against the
proposal, with 15 votes required for
enactment. Virtually the same bill was
defeated 14 for and 10 against, last
March 25.
Dr. John B. Ervin, professor of educa
tion at Harris Teachers College in St.
Louis, said “sit-in” demonstrations by
Negro college students in the South is
not a plot inspired by communists or
other anti-American groups as some
southerners have charged.
Interviewed on the “News Spotlight”
program on commercial television sta
tion KTVI, Ervin asserted that the sit-
ins have captured the interest of the
Negro community “and most of us
(Negroes) feel keenly this is a positive
sign.” For the first time, he said, “college
students are rallying around something
significant.”
The educator said “the large influx
of Negroes in St. Louis from the South
must be absorbed here as in other large
cities to maintain adequate living con
ditions.”
This influx, he continued, is the result
of a variety of reasons. Some of the
Negroes who migrated to this area “are
the more aggressive ones,” some come
for economic reasons and better educa
tional opportunities and still others are
seeking a new kind of life.
COMMUNITY ACTION
The West End Community Conference
received an award from the St. Louis
Civil Liberties Committee at the com
mittee’s annual meeting. The conference
is a volunteer organization representing
an area of more than 25,000 white and
Negro residents from Delmar to Page
boulevards and Union Boulevard to
Hodiamont Avenue.
It was cited by the Civil Liberties
Committee because “its statement of
policy covering education, community
standards, equal rights and responsibili
ties of all residents, human relations,
attracting new residents and cooperating
in larger communities reflects profound
concern with the civil liberties and their
implementation on the local level and
in day-to-day affairs.”
LEGAL ACTION
Philip J. Hickey, superintendent of
instruction of St. Louis public schools,
was commended on June 3 by a circuit
court grand jury for his action in the
case of a mathematics teacher who was
indicted for child molestation in taking
nude pictures of a 15-year-old girl stu
dent (Southern School News, May
1960).
In its report to Judge James F. Nangle,
the jury said it believed Hickey and his
staff are taking every precaution to
avoid such incidents in the future. The
indicted teacher is George H. Outlaw,
39, a Negro.
Outlaw was suspended by school
(See MISSOURI, Page 10)