Newspaper Page Text
PAGE 2—JULY, 1962—SOUTHERN SCHOOL NEWS
Court Declares "Ole Miss’ Cannot Exclude Meredith
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segregation,” he said.
Relative to the state’s assertion that
Meredith “was not in good faith in
applying for admission to the Univer
sity of Mississippi,” the majority said:
“That Meredith’s transfer would
mean the loss of credits and possibly
the loss of some G. I. benefits, that he
was in his late twenties, that he might
find the University of Mississippi con
siderably more difficult than Jackson
State College, demonstrate his perse
verance and fit in with the character
of a man who is having a hard time
getting a college education but is will
ing to pay the price exacted of a Negro
for admission to the University of Mis
sissippi.”
Correspondence beginning in Jan
uary of 1961, when Meredith first ap
plied for transfer and ending May 25,
1961 “when the axe fell” and he was
advised his application had been re
jected, was likened by the court to
“the defendant’s Fabian policy of
planned discouragement and discrimi
nation by delay.”
Six days later, or on May 31, 1961,
Meredith filed suit in the U.S. District
Court.
The court said Meredith, in his series
of letters with university officials, had
demonstrated that he was “a man of
patience and politeness.”
‘Obvious Dodge'
A requirement that applicants for
admission submit letters of recommen
dation from alumni was described by
the court as “one of the most obvious
dodges for evading the admission of
Negroes to white’ colleges.” The ma
jority asserted that the “University’s
continued use of the requirement seems
completely unjustifiable in view of de
cisions denying the use of such certifi
cates at Louisiana State University and
the University of Georgia.”
Rejection of Meredith’s transfer in
May of 1961 from Jackson State College
because the institution was not a mem
ber of the Southern Association of Col
leges and Secondary Schools was held
to be moot since Jackson State was ad
mitted in December, 1961. However, the
court said “the reason was never valid
and again demonstrates a conscious
pattern of unlawful discrimination.”
In that connection, the crurt noted
that “the board, which runs Jackson
State too, could set up at Jackson State
and other Negro colleges a program in
herently incapable of ever being ap
proved.”
“The transfer policy was both dis-
criminatorily applied and irrationally
construed in order to bar Meredith’s
admission,” the court said in noting
that a transfer student from Bucknell,
whose academic status was “unsatis
factory” was admitted on probation.
“Thus, Meredith was not treated the
same as another in the same category
but with an inferior record,” the court
said.
Draw Inference
Stating that on the registrar’s own
evaluation, Meredith had enough cred
its to be transferred as a sophomore,
the court said “we draw the inference
again that the assigned reason for re
jecting Meredith was a trumped up
excuse without any basis except to
discriminate.”
“Reasonable discretion permissible in
an admissions policy cannot be exer
cised to bring about unlawful discrim
ination,” the court held.
The majority charged that the alle
gation that Meredith filed a false voter
registration application in Hinds Coun
ty “is a frivolous defense.”
Commenting on the defendants’ as- I
sertion that Meredith “is a trouble- |
maker,” based on excerpts from an
A ir Force psychiatry report stating that
“patient is extremely concerned with
the ‘racial problem’ and his symptoms
are intensified whenever there is a
heightened tempo in the racial prob
lems in the U.S. and Africa,” Judge
Wisdom’s opinion stated:
“It is certainly understandable that
a sensitive Negro, especially one over
seas, might have a nervous stomach
over the racial problem. There must be
a good many Negroes state-side with
similar abdominal reactions. We find it
significant that the psychiatrist found
‘no evidence of a thinking disorder.’ ”
‘Short Answer’
Judge Wisdom said “one short answer
to the defendants’ contention is the
Good Conduct Medal. Another short
answer is that Meredith’s record shows
just about the type of Negro who might
be expected to try to crack the racial
barrier at the University: a man with
a mission and with a nervous stomach.”
“The defendants are certainly scrap
ing the bottom of the barrel in assert
ing that the University .should not now
admit Meredith because he is a bad
character risk. They rely on (1) the
frivolous charge of false swearing (rel
ative to registering as a voter); (2)
alleged misrepresentation by Meredith
in obtaining letters of recommendation
from Negroes who knew him in Attala
County before he entered the service,
and (3) certain trivia.”
Relative to the letters of recommen
dation, four of the five Negroes, in affi
davits secured by an assistant state at
torney general, said they were led to
believe they were for the purpose of
securing work, and which the defend
ants’ claim were obtained through mis
representation.
Pointing out that the affidavits were
given in the office of State Senator
John Clark Love of Kosciusko, “a man
of stature in the community and a for
mer member of the State Sovereignty
Commission (the state’s segregation
watchdog agency)”, the court noted
that they were “taken in the presence
of persons representing, to a country
Negro, the power and prestige of The
Establishment of Attala Countv and
the State of Mississippi.” Also present
was a Justice of the Peace.
More Weight
“The statements would have carried
more weight had the affiants testified
as witnesses in open court protected
by the safeguards our systems of law
extends to witnesses,” the court said.
“The defendants give no explanation
for failing to call these affiants as wit
nesses.”
“In sum, we consider it unreasonable
to attach any substantial weight to
these affidavits. They do not carry
enough weight in themselves nor in
connection with the evidence as a
whole of Meredith’s character to jus
tify a reasonable belief that Meredith
is a bad moral risk as a University
student.
“The other asserted ‘evidences’ of bad
moral character are trivia. The de
fendants contend that:
“1. Meredith was adamant in refus
ing to properly get and send to the
registrar certificates from alumni as to
his good moral character’; further,
‘those certificates which he sent in lieu
of the alumni certificates never were
valid certificates as they are absolutely
silent as to the position or standing of
the certifiers in the community.’
“2. Meredith admitted that he
brought stationery with him from the
air force. (This refers to a few sheets
of surplus stationery. This question as
to his honesty led to inquiries as to
governmental property being in his
possession and required the production
of the serial number of a typewriter
purchased after his discharge).
“3. Appellant was not a good char
acter risk for he refused to list Wayne
University in his application to the
University, when the application re
quired that the prospective applicant
list all universities and colleges attend
ed. (Meredith attended Wayne for two
weeks only).
“These are on a par with the defense,
asserted in the complaint, that one of
What They Say
Mississippi Highlights
Desegregation of the all-white
University of Mississippi has been
ordered by the U. S. Fifth Circuit
Court of Appeals. A 2-to-l decision
ordered a Mississippi federal district
judge to issue an injunction against
the university denying the transfer
of James Howard Meredith, 29-year-
old married veteran, from Jackson
State College for Negroes. However,
the state planned to appeal.
Erie Johnston Jr., weekly news
paper editor who also serves as pub
lic relations director of the State
Sovereignty Commission, has been
criticized by Citizens’ Council offi
cials for stating that Mississippi’s
only hope of maintaining school
segregation was through recognition,
co-operation and consideration of
Negroes.
Dr. A. D. Beittel, president of
Tougaloo Southern Christian College
near Jackson, is chairman of the
newly reorganized Mississippi Coun
cil on Human Relations. He was
elected at a meeting called by a
planning committee headed by H.
Power Hearn, former Hinds County
supervisor of Jackson. The organiza
tional meeting discarded part of a
bill of particulars that was released
in advance of the May 5 meeting
and adopted the “positive approach.”
the reasons for rejecting the applica
tion was that ‘all letters received by
the registrar from plaintiff were sent
registered mail return receipt request
ed.’ Or with the defense, argued even
now, that his application is incomplete
because ‘appellant had not seen fit to
forward supplemental transcript from
Jackson State.’ This transcript was in
troduced into evidence and is in the
record. Meredith repeatedly asked the
registrar to advise him whether there
was anything further he needed to do
to complete his application. The trivi
ality of these and other defendants’
contentions is a proper consideration
for the court in reviewing the whole
case to determine whether the Univer
sity barred Meredith for good and valid
reasons or in fact barred him because
he was a Negro.
“There are cases when discrimination
is purposeless but unlawful because of
its effect. In this case the essence of
the complaint is purposeful discrimina
tion against Negroes as a class. The in
quiry into purpose makes it especially
appropriate for the court:
“(1) to study the case as a whole,
weighing all of the evidence and ra
tional inferences in order to reach a
net result;
“(2) to consider the immediate facts
in the fight of the institution’s past and
present policy on segregation, as re
flected not only in the evidence but in
statutes and regulations, history and
common knowledge;
“(3) to measure sincerity of purpose
against unreasonable delays and insub
stantial reasons asserted for the insti
tution’s actions;
“(4) to compare the actions taken
with regard to the planitiff with actions
taken with regard to others in the
same category;
“(5) to pierce the veil of innocuity
when a statute, regulation or policy
necessarily discriminates unlawfully or
is applied unlawfully to accomplish
discrimination.
Fail the Test
‘The defendants fail the test. There
are none so blind as those that will
not see.
“The defendants’ answer asserts and
the registrar testified that the state of
Mississippi has no policy of educating
Negroes and whites in separate insti
tutions. This is in the teeth of statutes,
only a few which need to be cited for
illustration (state’s policy of interpo
sition requiring all members of the
executive branch of the state govern
ment to prevent implemention of the
1954 desegregation decision by any
lawful, peaceful or constitutional
means; graduate and professional in
struction for Negro youth outside the
state; statutes requiring segregation in
public schools and provision that white
universities will not engage in any
athletic contest with any university
having Negro players). It is contrary
to official state publications with which
every college official in Mississippi
must be familiar. It defies history and
common knowledge.
“Similarly, the defendants assert that
there is no policy of excluding Negroes
at the University. The district judge
found that there was a policy of segre
gation before Brown vs. Board of Ed
ucation was decided in 1954. The trus
tees and the principal officials of the
University testified that after 1954 there
has been no change in policy with re
spect to the admission of Negroes. They
testified that the admission of Negroes
had never been discussed in any meet
ing of the Board or in any meeting of
the administrative staff. In spite of the
enormous publicity given to this case
by the newspapers, some of which are
in evidence, the trustees and other
personal defendants said that none of
the officials of the University discussed
Meredith’s application in an official ca
pacity. Even the registrar had not dis
cussed Meredith’s application with any
one except with the Dean of the Col
lege of Liberal Arts, who had merely
referred Meredith’s letter to the regis
trar and with the Director of Develop
ment who agreed that Meredith was
planning to file suit.
“The hard fact to get around is that
Council Scores Johnston’s Stand
A weekly newspaper editor, who
doubles as public relations director for
the Sovereignty Commission, the state’s
segregation watchdog agency, has been
criticized by two Citizens Council offi
cials for a speech in which he said
Mississippi’s only hope of maintaining
school segregation was through “rec
ognition, co-operation and considera
tion of Negroes.”
Editor Erie Johnston Jr. had lambast
ed what he termed “militant hotheads
in both races”—those that “strive on
strained relations to strengthen their
appeals for more funds from the North”
and those “on the opposite side which
believes in threat and intimidation.”
Asked by United Press International
for comment on the Scott County
Times Editor’s comment to the Gren
ada high school May 25, Administra
tor William J. Simmons of the Citi
zens Councils said:
“Johnston sounds like he is ready to
surrender. His approach is the sure
way to integration.”
Ex-Official Disagrees
J. Paul Faulkner, insurance execu
tive and past president of the Jackson
Citizens’ Council, said he disagreed
with Simmons.
“I think he (Johnston) has already
surrendered,” Faulkner said. “If the
terrible things Mr. Johnston says about
the Citizens’ Councils are true, it seems
obvious that he has long neglected his
duty as a newspaper editor.”
“I have not read one word in any
newspaper which has made any refer
ence whatsoever to the Citizens’ Coun
cils or any individual director or officer
having committed any act, made any
statement or approved in any way any
such acts of strife, confusion and vio
lence as charged by Mr. Johnston,” he
said. “To be blunt about it, Mr. Johns
ton’s statement is just not true.
‘The leadership of the Citizens’
Councils is dedicated to the maintain
ing of racial harmony, justice for every
body and improved conditions for all
the people of Mississippi. However,
the Citizens’ Council organization has
never been prepared, as Mr. Johnston
appears to be, to negotiate with any
organization or individual whose aims
are the destruction of racial integrity
and the other God-given principles in
which we believe. Mr. Johnston has
conveniently ignored this aspect . . .”
NAACP Official Comments
Medgar Evers, field secretary for the
National Association for the Advance
ment of Colored People, also criticized
by Johnston, told UPI that “noth
ing Johnston said will stop the NAACP
from continuing to work for democracy
in Mississippi.”
William Winter, former legislator of
Grenada County and now serving as
state tax collector, and an up-and-
coming young political leader, said he
regarded Johnston’s address as “repre
senting the only approach which will
save us from serious trouble.”
Winter, who attended the high school
graduation where the speech was de
livered, said the “audience generally
applauded it as a very realistic and
frank analysis of our situation.”
Taking cognizance of Simmon’s state
ment, Johnston asserted that the for
mer “prefers strife, confusion and vio
lence.” Later, Simmons said, “I wouldn’t
lower myself by commenting on his
(Johnston’s) remarks.”
In an editorial in his newspaper pub
lished at Forest in Scott County, Editor
Johnston said:
“Simmons has indicted the people of
Forest and every other community in
the state where there is pride in racial
harmony.
“Here in Forest, and in so many
other cities where white citizens have
made efforts and spent money to give
Negroes recognition, co-operation and
consideration, we don’t need the radi
calism and hysteria of either the Citi
zens’ Council or the NAACP. We are
doing very well with an atmosphere of
harmony instead of hate—an atmos
phere made possible by mutual respect
and co-operation of both races.
“When a man can get branded as
‘inviting integration’ after making a
talk urging racial harmony and deplor
ing the threats, intimidations and vio
lence of hot-headed extremists in both
races, it emphasizes the tragic fact that
Mississippians can hardly make a move
or say a word without approval of the
Rajah of Race, William J. Simmons,
who is Mr. Citizens Council.”
Editor Johnston noted in his edi
torial that the North Mississippi Meth
odist Conference by resolution, “con
demned the aid and comfort, financial
and otherwise, which this state admin
istration has given to an extremist or
ganization which has had the audacity
to list the Methodist church as an ene
my of the people.”
Gov. Barnett, chairman of the Sov
ereignty Commission, has made no
comment on Editor Johnston’s address.
The newspaper editor was the gover
nor’s publicist in his 1959 campaign.
no person known to be a Negro h 5
ever attended the University.”
James Howard Meredith is a soft /
spoken Negro of small stature with L
thin mustache. The decision came o
his 29th birthday.
“I have no argument, fight or struf
gle with segregation,” he said. “I se«
only to find a common ground of set
tlement of our mutual problems.
relationship with whites goes no fui u ,
ther” b y
Meredith said his ambition was be P e ‘
described by University of Mississipi seg
Register Robert B. Ellis, who testify ye£
“This man has a mission in life to coi “i
rect all the ills of the world.” f orr
The Negro veteran is only six cred re g ;
hours away from graduation at Jaclharr
son State College. University officia Mer
said he will lose half his credits \ pj
transferring and he must take a ft
year’s course to graduate. Also that i
will lose his G. I. educational benefit
Meredith, however, said he is finar
cially stable and doesn’t mind the d
lays. He has a three-year-old son, ai
owns three farms in his native Atta
County in central Mississippi.
He said, “I always expected dela;
would be the state’s greatest tactic, bt
had hoped the delay wouldn’t be \
long.”
Meredith was provided
VI
*
counsel ic
the National Association for the Ai?
vancement of Colored People.
Negro Editor Comments
cn
Editor Percy Greene of the JacksB
Advocate, weekly Negro newspapf
rejected “the idea that the action D
the court in the Meredith case is §
‘integration decision’ aimed at the st; c
of Mississippi.” £
“On the contrary, we see the actiC
of the court as furthering the oppoi-
tunity of the state to give Negro stK
dents that equality of education, lo
promised and talked about, but m
yet attained,” he said. “Moreovu
equality of education for Negroes bjj
ing the main objective of the Unitj
States Supreme Court in its histoij
1954 decision, we can conceive of noth
ing that is doing more to hold baj
the broad general progress of the sty
than the use of the cry ‘integration’j
prevent every effort at Negro advana.
ment. A Negro student going to tj
University of Mississippi, like eve
other student, is going there for ed>
cation, and not for integration. [
“As regards the appeal to the li
Supreme Court, in a state where j
many needs are going unmet becaii
of the lack of sufficient money, the'
are far better uses to which the mot!
necessary for such an appeal can *
put to. Instead of an appeal to a coi
which has already given every mai
festation of its determination, as far
lies within its powers, to use the ju
cial decree, as far as concerns seg:
gation and discrimination because
race or color, allowing the law to bri
about those changes, not only in M
sissippi, but throughout the nation,
meet the uncompromising challenge
world Communism.
“We are of the opinion that the 1
cision should be left to stand; both
the good of the state of Mississippi 1
for the good of the nation.”
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Community Action
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Beittel Heads New SOUTHI
lues u
Mississippi Council pre j£
How<
On Human Relation™ 31
warded
ars ai
Dr. A. D. Beittel, president of School
galoo Southern Christian College 0 “Wha
Jackson, is the chairman of the hat it
cently reorganized Mississippi Cotf D r j
on Human Relations. >f Jack
The June issue of Southern S<4sory
News inadvertently stated that tights i
Power Hearn, former member of ary of
Hinds County Board of Supervisor Jack
Jackson, had been named chair 0
Hearn served as chairman of a biAegfia/t
planning committee, which called
organization meeting held at ToUSf .
College May 3. Lj “g£
Dr. Beittel said the group, which
in executive session, had decide^Qjj ,
amend the tentative “statement of f c
pose” for the council. In an ad^ The r
release on the proposed organizatfie legi<
setup, the planning committee had after
ed a “bill of particulars represent convi
our concerns in the form of pdon mei
against specific existing conditions ducatio
support of certain constructive study
fives.” • Yank
“We decided to take the positiv^culum.
jective approach and discarded * * X| ° act
relating to the things we had boar'
the form of protests,” Dr. Beittel ; =d Joe
The chairman also said the L>
had decided against affiliating wid atI °o J,
Southern Regional Council, althoU?” by (
said the programs are similar. nes exe
See MISSISSIPPI, (Page 3)