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SOUTHERN SCHOOL NEWS—AUGUST I96&-PAGE 7
LOUISIANA
State Judge Rules Against New Orleans Desegregation
NEW ORLEANS, La.
4 state civil court, acting on
the petition of the Louisiana
attorney general, enjoined the
Orleans Parish (county) school
board from complying with a
federal court order to integrate
New Orleans public schools in
September.
Atty. Gen. Jack P. F. Gremil-
lion jubilantly declared “I am
glad we finally won one.” His
eleventh hour court action is di
rected at preventing the school
board from beginning a grade-a-
year desegregation plan ordered
by U.S. District Judge J. Skelly
Wright. (See “Legal Action.”)
The Orleans school board, op
erating a school system with more
Negro than white children, took
steps to prepare for integration
despite the legal actions by the
state. A majority of members
voiced sentiment against closing
schools. (See “School Boards and
Schoolmen.”)
A new surge of citizen demands that
schools be kept open, even if inte
grated, came as the deadline neared
for a final decision on what the schools
will do. Some groups began forming
educational co-operatives under state
law. (See “Community Action.”)
The Legislature passed a series of
new bills to cope with the New Or
leans situation and to set up roadblocks
to integration orders pending against
two other parishes and six trade schools.
One of the new laws empowers the
governor to close all public schools in
the state in the event any one of them
is integrated. (See “Legislative Ac
tion.”)
Civil District Court Judge Oliver P.
Carriere issued a preliminary injunction
that prevents the Orleans Parish school
board from integrating its schools Sept.
8.
His action July 29 came on a suit filed
by Atty. Gen. Jack P. F. Gremillion, who
cited Act 319 of 1956 and Act 496 of 1960
as state statutes giving the Legislature
and no other agency the right to classify
schools by race.
Judge Carriere’s action is certain to
set up a legal battle between the state
and federal courts. U.S. Atty. M. Hep
burn Many was sitting in on the two
hearings (July 25 and 29) in Judge Car
riere’s section of the Orleans District
Court.
The judge, at the first hearing, denied
a request for a temporary restraining or
der but set the hearing on the prelimi-,
nar y injunction within the week.
Ruled constitutional
Judge Carriere ruled at the second
hearing that his court had jurisdiction
^ftd that Act 496 of the 1960 Legislature
15 constitutional.
The act, similar to Act 319 of 1956 but
roader in its scope, provides that the
Legislature has the sole right to say
which schools are for whites, which are
°r Negro and which are to be inte
grated.
it was passed to put more teeth into
e state acts designed to block federally
ordered integration. The 1960 act also
g'ves the governor the right to operate
^oy school system ordered integrated
til the Legislature itself may take
e Ps to accomplish it.
Judge Carriere said that Act 496 pro-
* es the machinery for public school
egration in Louisiana. Since, he said,
IjT Legislature can act with “all de-
ra * e speed” to admit children to pub-
schools “on a racially non-discrimi-
tg 01 ^ basis,” the act satisfies “the let-
spirit of the requirement of the
trine set by the U.S. Supreme Court.”
H AS JURISDICTION’
ln “dge Carriere said:
juri r r COUr ^ k °f the opinion that it has
anrl S *u Ct * on over subject matter involved
Petit- of 1960, upon which the
‘“rh°;' ler ’ S rely ’ “ constituti ° n aL
joinir. f! V ’7 it °* Preliminary injunction in
ac j_ s ^ the defendant from doing any
tion ' v , a t® oever toward the reclassifica-
Sehonl- . egro an< d non-Negro public
by m the parish of Orleans either
the.v lrrna tive or negative actions on
At+ ‘ 0art wi h he issued.”
tesn-n r meys for Negroes seeking the in-
sebo-j 101 ! the New Orleans public
eoutt S ,y e hied a motion in federal
Iha , aee king to block the governor or
orney general from taking any
action that would prevent integration of
the schools in September. But a hearing
is not set until August 10.
Judge J. Skelly Wright has ruled that
Act 319 of 1956 is unconstitutional but
Gremillion charged in his action that the
federal jurist himself had committed an
unconstitutional act. Gremillion said
federal law requires the presence of a
three-judge court when the constitu
tionality of a state law is challenged.
The attorney general’s action, which
has the full support of Gov. Jimmie H.
Davis, came after U. S. Supreme Court
Justice Hugo L. Black refused to stay
the order to integrate New Orleans
schools.
Gerard Rault, special counsel on seg
regation for the school board, had
asked the stay pending the hearing of
an appeal on the integration order be
fore the U. S. Fifth Circuit Court of
Appeals.
Rault also asked recognition of Act
319, the legislative act of several years
standing which gives the Legislature,
rather than the 67 school boards of the
state, the right to designate schools by
race.
IRREPARABLE INJURY’
The school board attorney pointed
out that there are 7,000 Negro children
in the first grade of public schools as
compared with 4,000 whites and con
tended that “irreparable” injury would
occur to both races if the first grade
were integrated.
In filing the suit in state court, Gre
million opened an eleventh hour offen
sive, which both he and Davis have de
clared will lead to the schools being
opened on a segregated basis as usual.
There has been no integration to date
of any public elementary or high
schools in Louisiana. Several state col
leges have desegregated.
Gremillion asked for a temporary in
junction on the argument that the
five-member school board had already
taken action indicating that it might
comply with Judge Wright’s order de
spite state law.
PREPARE PLANS
He pointed specifically to a board
directive to school Supt. James F. Red
mond to prepare plans for operating
the schools in the event of integra
tion.
Board attorney Rault confirmed that
the board had directed Redmond to
prepare plans for operating the schools
under compliance with the federal
court order, for operation under the
regular segregated pattern, and a plan
of what to do if the schools are closed.
Under another of the state’s laws,
the Orleans Parish school board would
have to continue paying its teachers
even if the schools are closed.
REFUSED ORDER
Judge Carriere, in ruling against the
temporary restraining order Gremillion
had sought, said:
“The refusal to issue the temporary
restraining order is not to be construed
as having any bearing on whether or
not the permanent inj miction should
be issued.”
But, he said, the court was of the
opinion that no harm would be done
by waiting several days until the in
junction hearing was held.
Negro attorney A. P. Tureaud, Louis
iana counsel for the National Assn, for
the Advancement of Colored People,
appeared in court to protest the grant
ing of the restraining order.
He informed Judge Carriere “this
matter has been heard in state and fed
eral courts since 1952 and there is no
immediate necessity for a temporary
restraining order.”
“This is an attempt,” he charged, “on
the part of the state of Louisiana and
the school board to frustrate an order
of the federal courts.”
Tureaud, who filed the case (Bush
v. Orleans Parish School Board) eight
years ago, said the school board had
done everything it could to get under
the “protective” wing of state laws bar
ring integration.
PROTESTS ORDER
George A. Dreyfous, an attorney for
the Louisiana Civil Liberties Union,
also appeared as a friend of the court
to protest the granting of a restrain
ing order.
Gremillion said that the Louisiana
Act 319 of 1956 had been held consti
tutional by the Orleans Parish Court
of Appeals and that the Louisiana Su
preme Court had refused a review of
the appeals court decision.
He also contended that the state was
not made a party defendant when
Judge Wright ruled Act 319 to be un
constitutional. He said this should have
done under federal law “when the con
stitutionality of a statute of the state
is put at issue.”
DAVIS PLEDGED
Gremillion and Gov. Davis pledged
on July 6 that the schools of New Or
leans would open on a segregated basis
in the fall and Gremillion made men
tion of this in an interview in Judge
Carriere’s court.
“We are co-ordinating our action, at
all times, in a concerted effort to pre
serve the rights of Louisiana citizens,”
he said. “I am here with the complete
approval of the governor.
“I pledged publicly that I’d be here
this morning and here I am. As far
as I’m concerned the schools will be
open. At least I hope they are.”
The majority of the members of the
school board—four out of five—have
indicated they would rather have in
tegration than close the public schools
of the city.
JUDGE’S ORDER
Judge Wright’s order to the school
board to initiate integration at the first-
year level was handed down May 16.
He drew up the integration plan him
self after the school board refused to
supply a plan for desegregation. Judge
Wright has said that his ruling, which
stipulates that first graders may go to
the school of their choice nearest their
home, provides for a grade-a-year plan
though the language of his decision
did not specifically call it that.
COURT ACTIONS
In other court actions in Louisiana:
1) Judge Wright ordered the East
Feliciana Parish registrar of voters,
Henry Earl Palmer, to make all of his
voting records available to the U. S.
attorney general. Atty. Gen. Gremil
lion had advised Palmer and registrars
of two other parishes not to surrender
the records, sought for the declared
purpose of determining whether there
was discrimination against Negroes.
2) At Baton Rouge, Judge Fred S.
LeBlanc sentenced 16 Southern Uni
versity (Negro) students to 30-day jail
sentences for disturbing the peace by
sitting in at white lunch counters in
the capitol. The sit-ins were staged in
March.
3) U. S. District Judge Herbert W.
Christenberry at New Orleans denied
a motion for a preliminary injunction
involving service to a Negro at Moisant
International Airport. Thomas P. Har
ris, Chicago insurance executive,
charged that he was denied service
March 2 in a restaurant leased by the
city of New Orleans.
Judge Christenberry said that mem
bers of both races are served at the
snack bar in the airport and that food
from the Coffee House, where Harris
sought service, was available at the
bar. He said if the restaurant were ob
ligated to serve food to Negroes “it
would wreck the business.”
ATTY. GEN. JACK P. F. GREMILLION (CENTER) FILES SUIT
Confers in Court With Assistants M. E. Culligan (Left) and W. Schuler
While the legal fight continued to
maintain segregated schools in New
Orleans, the Orleans Parish school
board ordered its administrative staff
to suggest working plans for meeting
an integrated situation if it develops.
Four of the five members of the
board voted to direct Dr. James F.
Redmond and key staff members to
prepare plans of what to do if:
1) Schools are integrated in compli
ance with a federal district court plan
of a grade-a-year integration plan be
ginning with the first grade on Sept.
8.
2) A program of continued segre
gated schools is followed.
3) Schools are closed rather than
having them desegregated.
BOARD PREPARES
The board, taking the position that
it does not control the fate of the
schools because a state law gives the
Legislature power to say which schools
are to be used for which race, never
theless prepared for any eventuality.
Emile A. Wagner Jr., board member
and Citizens Council leader, is the only
member on the five-member non-paid
body who has advocated closure rather
than integration.
He opposed the board directive to
Dr. Redmond, saying such plans would
be a waste of time since he expects
schools to go under state control when
they open Sept. 8.
The school board is the first in the
state faced with a final order to inte
grate.
ENROLLMENT SURGES
The New Orleans schools anticipate
an enrollment of some 50,000 Negroes
and 40,000 whites in September. The
Negro enrollment has been surging
ahead of the white enrollment as more
white children attend the expanding
Catholic school system of New Orleans.
Dr. Redmond said that among the
policy decisions to be decided upon in
the event of integration would be those
covering assignments, permits, districts,
co-education, transportation, orienta
tion, selection, assignment and leaves
for employes.
He said the following should be con
sidered if the schools are closed: rec
ords, transcripts, and census for pu
pils; principals’ and teachers’ work;
business and personnel work; pay pro
cedures, leaves, assignments and selec
tion.
Redmond listed 29 areas where he
said special planning would be required
if schools are closed and only 11 areas
if schools were opened on an inte
grated basis.
The planning for the possibility of in
tegration was a change on the school
board’s part.
On May 24, eight days after U. S.
District Judge J. Skelly Wright ordered
desegregation, the board had told its
staff to continue planning for a segre
gated school system.
ASKS TIMETABLE
The board had been advancing on
this basis but now has before it the
recommendation of one member, Theo
dore H. Shepard Jr., for a timetable to
use to meet the school crisis.
He suggested the board:
1) Exhaust all legal maneuvers, in
cluding interposition, by Aug. 6.
2) If legal steps fail, begin confer
ences with Judge Wright in an attempt
to gain a delay such as given the At
lanta schools for the forming of a citi
zens committee or ask Wright for a
more palatable plan for integration.
3) If the conference with Wright
fails, attempt to open the schools as
ordered by the judge.
Shepard’s suggestion followed by one
day a meeting of the school board with
Gov. Davis to discuss the Orleans
schools issue.
LESS OPTIMISTIC
Though Davis and Atty. Gen. Gre
million said schools would be opened
on a racially segregated basis because
of new legal actions, the members of
the school board were less than opti
mistic.
School board President Lloyd J. Rit-
tiner said after the meeting with Da
vis:
“There is absolutely nothing that the
governor or the attorney general can
do to maintain a segregated public
school system in Louisiana.
“This may sound to some people like
a defeatist attitude, but it is one thing
to fight as far as humanly possible and
still be able to recognize when you’ve
reached the end of the road, and sur
render, as difficult as the surrendering
may be, and it is another thing to
continue to fight without recognizing
you have reached the end of the road,
and be destroyed.
“I do not want the public school sys
tem of Louisiana to be destroyed.”
After Gremillion filed a state court
action to prevent the school board from
complying with the federal court or
der, Rittiner said:
“It appears to put us right in the
middle between a state order and a
federal order.”
WAGNER COMMENTS
Wagner commented:
“I think it (the state suit) comes as
a result of the school board action at
its last meeting. The board asked the
superintendent to study the alterna
tives—to close the schools or operate
on an integrated basis. I think that’s
what brought this move on.”
And Shepard said:
“I wish he (Gremillion) would get
the restraining order. Then, of course,
we could operate on a segregated ba
sis.”
ASK INTERPOSITION
Three board members asked Davis
again to use interposition to block de
segregation. But they got no reaction,
just as they did not get one last month
when the board adopted a formal res
olution asking the same thing. Davis
has, in press conferences, said he was
relying completely on Gremillion.
Not the least of the board’s problems
was financing the continued payment of
personnel in the event of school clos
ure. Teachers and other employes, un
der state law, would continue to re
ceive their salaries if schools are closed.
Most of the teacher money comes from
the state but Dr. Redmond pointed out
that the schools depend on income from
school lunches to support the salaries
of lunch-room employes.
CATHOLIC SCHOOLS
While the public schools remained
unsettled about their future course,
Catholic Archbishop Joseph Francis
Rummel of New Orleans must decide
what he will do with Catholic schools,
which are attended by at least 35 per
cent of the New Orleans school chil
dren.
He is wedded to the idea that he
will follow the same plan as that of the
public schools but as yet has not is
sued any final order.
Previously he advanced the idea that
parochial schools would be integrated,
ran into a storm of protests, and de
cided to delay any plans in that direc
tion.
Catholic schools of Louisiana, like
public schools, are segregated.
Demands continued to mount that
the New Orleans public schools be
kept open despite the fact that inte
gration is ordered for September. They
came principally from the clergy and
school groups.
At the same time, several parent or
ganizations around the city geared
themselves to operate private schools.
Ministers and others, spurred into
action as the opening of schools ap
proached, joined in a heavy flood of
declarations that the school board
should maintain a free school system
even if integration comes.
ABOLITION ‘UNTHINKABLE’
The New Orleans District of the
Methodist Church issued a resolution
signed by 30 ministers and which said
that the abolition of public education
“is unthinkable.”
“That an intelligent, informed citi
zenry of New Orleans would be will
ing to abolish public education is un
thinkable to us,” said the ministers.
“Our cherished democracy depends
upon a free and educated citizenry for
its preservation. . . .
“Furthermore, those who would sub
stitute private schools for public schools
are unknowingly and unwittingly ad
vocating inferior education for our
children. Contrary to what most peo
ple think, the public schools are doing
a better job, on the average, than the
private schools.”
A group of 94 ministers and rabbis
of the greater New Orleans area joined
in signing another statement declaring
“those who insist the decision of the
(See LOUISIANA, Page 8)