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PAGE 2—NOVEMBER I960—SOUTHERN SCHOOL NEWS
GEORGIA
Campaign
MACON, Ga.
T7 our organizations backing
open public schools have
launched an effort to swing public
opinion behind the majority rec
ommendations of the Sibley
School Study Commission. (See
“Community Action.”)
Two Negro applications for ad
mission to the University of Geor
gia were turned down by the
Board of Regents on the grounds
that the two had not completed
required procedures for admis
sion. (See “Legal Action.”)
A federal judge ordered three
Sumter County students living at
controversial Koinonia Farm ad
mitted immediately to Americus
High School. (See “Legal Ac
tion.”)
Another wave of lunch counter
sit-ins hit Atlanta but Mayor
William B. Hartsfield arranged a
30-day truce. (See “Community
Action.”)
Termed “Operation Last Chance,”
HOPE Inc. (“Help Our Public
Schools”) launched an intensive effort
to swing public opinion behind the
majority recommendations of the Sib
ley School Study Commission before
the Legislature meets in January.
In the face of a federal court order
requiring desegregation of Atlanta
schools May 1, 1961, and a state law re
quiring the closing of any public
school desegregated, the Sibley com
mission had recommended the Legis
lature approve: (1) a pupil placement
plan; (2) submitting to the people a
constitutional amendment to provide
for local option on desegregation.
HOPE was joined in the effort by
the United Churchwomen, Active
Voters and the Georgia League of
Women Voters.
A series of meetings over the state
was planned. Prominent Georgians
were speaking on the theme, “The
School Bell Tolls for You.” Among the
speakers were James S. Peters, chair
man of the State Board of Education,
and U. S. Congressman Erwin Mitchell
of Dalton.
PETERS
MITCHELL
Rep. Mitchell did not seek re-elec
tion to Congress this year but did run
for the State Senate. He was elected in
the Democratic primary and has no
general election opposition.
Mitchell said he would introduce
legislation recommended by the Sibley
commission in the General Assembly
and charged that Georgia political
leaders have “totally failed in their
role of responsibility and leadership”
in the school segregation crisis.
Beginning with the next Legislature,
Mitchell said, there “will be more and
more elected officials” who will
“honestly and openly face this issue.”
Foreseeing “chaos beyond imagina
tion” if the public schools are closed,
Mitchell said the alternative to abolish
ing public education in Georgia is the
reasonable approach suggested by the
majority report of the Sibley commis
sion.
Other prominent Georgians spoke in
similar vein.
State Sen. John Greer, secretary of
the Sibley commission, said a local op
tion school plan is “the best and only
workable blue-
print yet offered
to the people in an
effort to keep our
pu b 1 i c education
and our system of
equal but segre
gated education
from being com
pletely d e s t roy-
ed.” Greer said
most Georgia
counties would not
face immediate in
tegration suits and added that if local
option and pupil placement laws are on
GREER
Seeking Support for Open Public School
REVIEW UNIVERSITY OF GEORGIA DESEGREGATION CASE
From Left, Dr. O. C. Aderhold, President; B. D. Murphy, Attorney;
Eugene Cook, Georgia Attorney General; And, Walter N. Danner, Registrar
| the books “we certainly can win over
90 per cent of the battles instead of
losing them all.”
Atlanta attorney Newell Edenfield,
former president of the Georgia Bar
Association, said that as long as Geor
gia has its present set of school segre
gation laws, it can’t win in the courts.
State Supt. of Schools Claude Pur
cell, who backs the Sibley commission
majority report, said Georgians must
face the fact that they must live under
the federal court decision “because it
is binding.”
‘DEFENSE IN DEPTH’
William T. Bodenhamer, who made
an unsuccessful race for governor on a
commission majority report recom
mendations would provide a “defense
in depth” against school integration.
Atty. Gen. Eugene Cook, the state’s
highest-ranking defender of its segre
gation policies, said some form of
token integration may come about in
Georgia schools.
The organizations cooperating in
“Operation Last Chance” said that in
addition to planning forums and provid
ing speakers, they will contact all
legislators, mail literature and provide
individuals with information.
★ ★ ★
LUNCH COUNTER SIT-INS
A 30-day suspension of lunch coun
ter sit-ins in Atlanta was arranged by
Mayor William B. Hartsfield and Ne
gro leaders.
The action came after three days of
Negro student demonstrations and one
day of picketing of some downtown
Atlanta stores by 25 whites, including
known Ku Klux Klan members.
Immediate release of 22 Negroes and
one white youth serving 10-day
sentences for disturbing the peace
during demonstrations was ordered by
the mayor, who has absolute power of
pardon in city offenses.
A Dekalb County court sentenced
the Rev. Martin Luther King to serve
four months in a Georgia public works
camp on a charge that his participation
in the sit-ins was a violation of a pro
bationary sentence given him earlier
on a charge of driving without a
license. The judge later released King
on $2,000 bond.
C. J. Broome of Alma, Eighth Dis
trict chairman of Georgians For Nixon,
charged the Atlanta sit-ins were in
spired by Sen. John F. Kennedy’s
views on racial matters.
Gov. Ernest Vandiver said the en
tire state police force is available,
upon request, to any property owners
to quell a sit-in demonstration.
U. S. Sen. Herman Talmadge said
federal governmental backing of sit-
ins would bring about “chaos and con
fusion we haven’t seen since recon
struction days.”
DESEGREGATION CONFERENCE
A three-day desegregation con
ference in Atlanta, sponsored by the
Student Nonviolent Coordinating Com
mittee, ended with Southern student
sit-in leaders favoring nationwide
demonstrations against segregation and
urging congressional action on civil
rights. No official announcement of the
date for the demonstration was made
but observers said it would be Nov. 8.
Georgia white author Lillian Smith
told the Negro anti-segregation
demonstrators, “I want your movement
to succeed.”
Imperial Wizard Robert Lee David
son of Macon said the U.S. Klans,
Knights of the Ku Klux Klan, will use
resources, legal means and methods at
its command to counteract election day
demonstrations by Negroes.
In Atlanta, the Episcopal Society for
Cultural and Racial Unity gave formal
endorsement to kneel-in efforts of Ne
groes at white churches in the South.
The State Board of Regents denied
two Atlanta Negroes admission to the
all-white University of Georgia. But
the board said the two applicants may
“renew and pursue their applieati
without prejudice.”
The chairman of the board, R^
O. Hunter, said Hamilton E. Hot
and Charlayne A. Hunter had fa-
to complete required procedures
admission by failing to undergo j
sonal interviews with university .
mission office officials.
University registrar Walter N.
ner said he interpreted the board’s-
tion to mean the Negro boy and i
may “take up their applications at
point they were before.”
DANNER TESTIFIED
In federal court in Macon in S
tember (Southern School Nr
1960), Danner had testified that
only university requirement not et
pleted by Holmes and Miss Hunter:
interviews with university officials.
At the time, U. S. Judge William
Bootle of Macon had ruled that
two had not exhausted administr^
remedies and had denied their ap;.
for an injunction, which would i
permitted them to enroll for the
quarter.
The regents took their action o
two days before a deadline for act
set by Judge Bootle.
The appeal for direct admission:
premature and the university rq
trar had not had time to act on '
applications, the regents said.
Roy Harris of Augusta, a board me
ber, said that to admit the two wi
out personal interviews would be “i
crimination against white people.”
DIFFERENT ROUTE
Harris called the pair “troublem
ers” and said, “If they were intere? 1
in education, they would have tab
a different route to gain admittal
to the college.”
In his original order, Judge Boo
did not order an interview befiffl'
the applicants and the registrar to ti i
place, but he did say that “before!
final trial of this case definite and ft
action will have been taken by (
and all University of Georgia officii
required to take action.”
Donald L. Hollowell of Atlanta, Si
gro attorney for Holmes and Jfl
Hunter, said he anticipated the fi
(See GEORGIA, Page 16) <
NORTH CAROLINA
Judge Orders Indians AdmittedChanges Mind
CHARLOTTE, N. C.
A fter a federal court ordered
the Harnett County Board of
Education to admit Indian stu
dents to all-white schools, the fed
eral district judge changed his
mind and ordered a full hearing
in November to determine if In
dian students are being discrimi
nated against when they are sent
to a special school for Indians in
the next county.
Two high schools in Yancey
County have been desegregated,
making 10 desegregated school
systems in North Carolina.
Attorneys for three Indian students
filed suit in federal district court in
Raleigh Oct. 15 asking that the Indians
“and other Indian children who may
seek admission” be admitted to public
schools in Harnett County.
The suit, against the Harnett County
Board of Education listed three plain-
iffs: Emma Chance, Juanita Chance
and Huey Paul Maynard, all Indian
teen-agers.
Several Indian students staged “sit-
ins” at Dunn High School at school
opening in September in an effort to
gain admission. They were turned away
by the Harnett board, which has con
tended the transfer requests were not
properly drawn.
The students, all in high school, are
assigned to East Carolina Indian School
in Sampson County. Attendance re
quires a round trip daily of about 70
miles.
TEMPORARY ORDER
On Oct. 17, Federal District Judge
Albert Reeves of Missouri, sitting in
Eastern District Federal Court in Ral
eigh, signed a temporary order direct
ing that Indian children be admitted
to the all-white Dunn High School
while the question of their eligibility
to attend was being contested in the
court.
However, the temporary order was
not to become effective until the plain
tiffs posted a $1,000 bond.
The order restrained the Hartnett
County Board of Education from as
signing the Harnett Indian students to
a high school outside the county and
from failing and refusing to assign the
students and “others similarly situated
who otherwise qualify” to Dunn High
School.
Judge Reeves set Nov. 26 as the date
for a hearing on issuing an injunction
in the case.
LAKE REPRESENTS
On Oct. 21, the Harnett County
Board of Education was heard on a
motion to dismiss the restraining or
der. The board was represented by Dr.
I. Beverly Lake, Raleigh attorney who
ran unsuccessfully on a segregationist
platform in the Democratic guberna
torial primary last May and June.
Lake argued that the order should
be dissolved “to avoid what we be
lieve may be a difficult situation”
should the Indian children attempt to
attend classes at Dunn High the fol
lowing Monday.
Nelson Taylor, attorney for the In
dian students, told Judge Reeves that
if the order were still in effect the
Indian children would attend school
the following Monday.
Lake also cited a restraining order
issued in Harnett County Superior
Court to forbid interference with nor
mal operation of the school. The order
was obtained by the Harnett school
board to halt the sit-in demonstra
tions by Indian students in Septem
ber.
DISMISSED POSSIBILITY
Judge Reeves dismissed the possi
bility of any conflict with the state
court’s order.
“That order was issued very prop
erly,” Reeves said, “to prevent inter
ference with the school. The children
were not at that time assigned to the
school. This court’s order would have
the effect of assigning them, and so
would not conflict with the state
court’s order.”
The judge said the issue seemed sim
ple: “The sole question is whether the
school board acted in good faith. They
have the authority under state law—
and it’s a good law—to assign the chil
dren.
“But if they refused to assign the
children solely on the basis of race,
because they were Indians, the court
will have to overturn it,” Judge Reeves
said.
ATTORNEYS ARGUED
Lake and Robert B. Morgan, attor
ney for the Harnett school board, ar
gued that schooling is available for the
children at East Carolina Indian School
in Sampson County. They also con
tended that the Indian students had
not exhausted their administrative
remedies.
Judge Reeves said he wanted to talk
with Judge Algernon Butler of Clinton,
the regular resident judge of the dis
trict, before making a decision.
Then, on Oct. 23, Judge Reeves dis
solved the original order that would
have admitted the Indian students.
At the same time, Judge Reeves is
sued an order to the Harnett County
School Board to show cause at a hear
ing on Nov. 21 why the Indian chil
dren should not be admitted.
Judge Reeves, who is 86, told attor
neys that he had reached his decision
after a long conference with Judge
Butler. He explained it would be em
barrassing for the court if the Indian
children should be admitted now and
then have the court find no discrimi
nation.
‘The show cause order,” Reeves
said, “will allow all the issues to be
brought before the court.”
Judge Reeves was holding a two-
week session of court to help reduce
a heavy case load in the district.
★ ★ ★
YANCEY DESEGREGATES
Two high schools in Yancey County
have admitted Negro students. The Ne
groes attended first classes Oct. 17 fol
lowing an order last month from Fed
eral District Judge Wilson Warlick to
admit Negro students.
The move raised to 10 the school
systems in North Carolina that are de
segregated, with an estimated 84 Negro
students attending the desegregated
schools.
Other systems with desegregation li
Craven County, Wayne County, D*'
ham, Raleigh, Chapel Hill, High P® 1
Greensboro, Winston-Salem and CtH!
lotte (now the consolidated Meek-
burg County School System). ]
As in all other North Carolina low
ties this fall, desegregation came qw
and without incident.
SEVEN ENTERED
Seven Negro children entered *;
Yancey schools—four at Cane
High and three at East Yancey W
They enrolled at 9 a.m. and wenu
classes immediately. There was j
crowd outside to see them enter. I
School Supt. Hubert D. Justice ^
the routine at both schools—of al^ !
ing no visitors until late in the d*
was followed “so that nothing
be any different from any other ’■
day. Our students are well-ti
They are responsible and do wha*‘jj
they are told by their principals. 11
faith in them. I knew there woU iT
no trouble from them. And
wasn’t.”
Justice said the Negro students
been assigned to regular school
and would ride them unless they'1
cided, as do many white student 5,
provide their own transportation.
PRACTICE FOOTBALL
At Cane River two Negroes cup •
the first day and participated in *,
ball practice. At East Yancey a
student was expected out l ate L(
football. The new students ate * it
at the school cafeterias.
Three other students assigned j 0
schools were reported out 0
county.
Yancey was without a school
groes for two years but built
past summer. The order to desei
at the high school level cam e
school opened. The Negro stude 11 ^
volved make up all the Negro st 11
in the mountainous county.
Elementary students are not > (
segregated. Their assignments
are. "
court order, still under study, f ’