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PAGE 12—AUGUST, 1962—SOUTHERN SCHOOL NEWS
Jurist Vies
(Continued From Page 1)
roneous and improvident and each of
them is hereby vacated and set aside
forthwith.”
Then came Cameron’s third stay on
Aug. 6.
In its first action setting aside the
first Cameron stay, the court noted that
Judge Cameron did not sit in the case
and “did not have an opportunity of a
sitting judge to study the record, to
hear the arguments, and to discuss the
facts and the law in the judges’ con
ference on the case.”
The next move was uncertain at the
time Southern School News went to
press. It is possible for the entire
seven-member U.S. Fifth Court of Ap
peals to be convened in clarification of
the issue or for one member of the
U.S. Supreme Court to set aside Judge
Cameron’s stays pending full court re
view of the issues involved in the un
precedented executions by the Meridian
member of the court.
Further delays are not impossible
since the U.S. Supreme Court does not
return in session until Oct. 1. The fall
term at the University of Mississippi
begins Sept. 21.
Approval Seems Certain
In view of previous rulings of the
Supreme Court in desegregation cases,
the position of the Court of Appeals in
ordering Meredith enrolled is consid
ered certain to be upheld.
Meredith had hoped to enter the
second summer session after the June
25 decision overruling District Judge
Mize, but with the 21 days allowed for
sending down the mandate, the time
had elapsed. In that decision, the Court
of Appeals said Meredith’s application
to transfer from Jackson State College
for Negroes to the university was turned
down solely because he was a Negro.
Judge Mize said the rejection was
not because of Meredith’s race.
Meredith, who was scheduled to
graduate from Jackson State last
spring, decided to carry a minimum
number of hours and continue his ef
forts, begun in January to 1961, to en
roll at the University of Mississippi.
Another Applicant
Since the ruling in the Meredith
case, another Negro, Alfanette Marie
Bracy, 21-year-old majorette at Jack-
son State College for Negroes, has ap
plied for transfer to the University of
Mississippi. She is the daughter of a
Raymond, Miss., Negro minister. No
action has been taken in that case.
The appeals court in its July 27 order
setting aside Judge Cameron’s first
stay, also reprimanded District Judge
Mize in delaying execution of the man
date outlined in its June 25 decision,
setting aside his action rejecting Mere
dith’s requested injunction.
The court, noting that time was im
portant in the case, said “in this case,
time is now of the quintessence.” The
decision was by Judges Wisdom and
Brown.
“Time has been of the essence since
January, 1961, when Meredith applied
for admission to the University of Mis
sissippi,” the judges asserted.
Overthrowing Judge Cameron’s stay,
his associates said “the court is bigger
than a single judge.”
‘Inherent Power’
“Assuming, but without deciding, that
Judge Cameron is indeed a judge of the
court rendering the judgment, we held
that the court determining the cause
has inherent power to review the action
of a single judge, whether or not the
D. C.
(Continued From Page 9)
labor and three from management, pro
motes and supervises apprenticeship
training programs in the trades. It has
been under fire by Negro and civil
rights groups for alleged apathy toward
racial discrimination in the training
program.
District Commssioner John B. Dun
can said Wearring “will have the ability
to work toward opening opportunities to
Negro apprentices of the city.”
★ ★ ★
U.S. Commissioner of Education Ster
ling M. McMurrin has submitted his
resignation to President Kennedy, it
was announced July 27. He will return
to the University of Utah, where he was
academic vice president before coming
to the top education post in the Depart
ment of Health, Education and Welfare
16 months ago. The effective date of his
resignation has not been set, and no
successor has been announced.
# # #
with Colleagues over 4
Mississippi Highlights
Two unprecedented “stays” of a
mandate ordering the all-white Uni
versity of Mississippi to admit its
first Negro have been set aside by a
three-judge panel of the U.S. Fifth
Court of Appeals, but a third stay
was issued by a member of the court
who did not sit on the case. The
panel ordered immediate execution
of the mandate in time for Mere
dith’s enrolment in the Sept. 21 fall
term, and the unprecedented series
of stays pointed to a unique judicial
situation.
A federal suit to restore the job
of a Negro school teacher, allegedly
fired because she attempted to reg
ister to vote, has been taken under
advisement by a Mississippi federal
district judge. However, he has
questioned the authority of a court
to force the execution of a contract.
State Attorney General Joe Pat
terson charged that voter registra
tion suits in behalf of Negroes are
an attempt to “make political whip
ping boys of public officials for the
gratification of certain groups whose
votes they (federal officials) so des
perately want.”
The official statement of purpose
of the newly formed Mississippi
Council on Human Relations was
released by its president.
single judge is a member of the panel,”
the appeals judges said. “A contrary
position would allow a judge in the
minority, where he is a member of the
panel deciding the case, to frustrate the
mandate of the majority.
“And,” they added, “it is unthinkable
that a judge who was not a member of
the panel should be allowed to frustrate
the mandate of the court.”
Criticizing Judge Cameron’s quick
action in issuing the stay the day after
the mandate had been filed, the court
asserted that the Meredith case “is not
a Caryl Chessman or Anna Rosenberg
case.”
“It is not a matter of life or death to
the University of Mississippi,” the panel
said. “Texas University, the University
of Georgia, Louisiana State University,
the University of Virginia and other
Southern universities are not shrivel
ing away because of the admission of
Negroes.”
Saw ‘No Emergency’
“There was no emergency requiring
prompt action by a single judge,” the
court said in pointing out that Missis
sippi officials avoided using the natural
legal channels of asking the appeals
court for a rehearing or a stay of the
order.
“Instead,” the court said, “there was
studied action by the applicant’s attor
ney to avoid asking the court for a re
hearing or for stay.”
Judge Cameron followed the next
day, July 28, with his second stay of
the appeals court mandate to District
Judge Mize.
The Meridian member of the appeals
court said the three-member panel had
exceeded its jurisdiction in overruling
his previous stay. He reinstated his 30-
day stay to continue in force until final
disposition of the case by the U.S. Su
preme Court, provided the state of Mis
sissippi files its appeal within that time.
Special Rule Cited
Court attaches at New Orleans said
that ordinarily one circuit judge can
stay the ruling of a panel, but that in
the Fifth Circuit a special rule of the
tribunal bars such an action.
In its overturn of Judge Cameron’s
second stay, the three-judge panel di
rected District Judge Mize to order the
University of Mississippi to admit Mer
edith. Cameron’s third stay included no
comment.
The panel also extended its order en
joining Mississippi officials from taking
legal action against Meredith on an
illegal voting registration charge. The
charge was filed almost two years after
Meredith allegedly attempted to regis
ter in Hinds County (Jackson) while
still a legal resident of Attala County.
★ ★ ★
Judge Questions Authority
Of Court to Make Contract
The authority of a court to make a
contract has been raised by a Missis
sippi federal district court judge in a
Justice Department suit seeking to re
store the job of a Negro school teacher
who allegedly was fired because she
complained about being denied the
right to vote.
Raising the question was District
Judge Harold Cox of Jackson, in a suit
filed in behalf of Mrs. Ernestine Den
ham Talbert, whose contract was not
renewed by the Greene County
(Leakesville) school board. She claimed
the action was due to her efforts to
register which she stated in an affidavit
given the Justice Department was “ar
bitrarily denied.” The suit asserted that
the action was “an attempt to intimi
date, threaten and coerce her and other
Negro citizens for the purpose of inter
fering with their right to become regis
tered to vote.”
County school officials admitted the
teacher was fired because “she was
involved in litigation,” but explained
that any employe of Green County
schools was dismissed for any involve
ment in any type suit.
Judge Cox questioned the authority
of the court in seeking to force the exe
cution of a contract by any party. He
has given both sides until late in August
to file briefs on the issue.
Concedes Interference
Justice Department Attorney John
Doar told Judge Cox that “we concede
in this case that we are interfering with
the work and duties of this school
board. But, we are not attempting to
tell this school board that they can’t
refuse to rehire teachers, only that they
must not refuse to rehire Mrs. Talbert
for one reason—attempting to exercise
her right to vote.”
Judge Cox said he had “always
thought it was fundamental that a court
couldn’t make a contract.”
“I wish someone would quote me
some authority,” he said. “Frankly, I
don’t think the court has the authority
to make a party contract with someone
they don’t want. And I don’t see any
reason why Greene County should have
to have a reason not to rehire Mrs.
Talbert.”
Attorney Doar said “there won’t be
an end to these suits until there is a
meeting of the minds and people of
both races can vote freely and comfort
ably.”
“Our interest is, in addition to re
storing the job, insuring all persons the
free and undeterred right to register to
vote,” he said.
Patterson Makes Charge
State Attorney General Joe Patterson
charged that the Justice Department
“has almost admitted the suit is just an
experiment in new defense of civil
rights.”
“If the school board is forced to re-
hire Mrs. Talbert, the 7,000 Negro
teachers in Mississippi will be a prob
lem,” Patterson said. “Every time a
school board is forced to fire or refuse
to rehire a Negro teacher they will have
to contact the Justice Department and
ask ‘Is this okay?’ ”
Mrs. Talbert, who lives at Lucedale
in adjoining George County, said she
had been turned away in January in
an effort to register in her residence
county. In April, the Justice Depart
ment filed a voter registration suit
against the George County registrar to
which was attached an affidavit from
Mrs. Talbert. She was notified April 25
her contract had not been renewed for
the next school year.
Assistant Attorney General Martin
Oklahoma
(Continued From Page 11)
and people are worried,” Brown re
ported. “A lot of the white families
planning to leave—probably nine out
of 10—have placed their property with
Negro real estate agents for sale.”
Yet, he pointed out, the Negro popu
lation in the area is still far in the
minority and homes are “not turning
over real fast.”
The “committee of Park Estate neigh
bors” has not functioned much in re
cent weeks, principally because Brown
was in the hospital. Now some of its
members seem resigned to a continuing
exodus of white residents.
“We were hoping to talk people into
staying,” Brown recalled. “We did call
on a lot of people to find out what
they were going to do and, if they
were leaving, to find out why. They
were very nice but most had already
made up their minds.”
Brown said he may try to get at
least the “stalwarts” of his committee
together again to see whether any fur
ther action should be undertaken.
Personally, he plans to “stay put” at
least for a while.
“I’m not afraid to be the last guy
out,” he declared. “I know these things
settle down after an area has been re
segregated and you can get as much
out of your property as before.”
William French, research director at
the Board of Education, predicted con
tinuing Negro migration will lead
Ole Miss’ Decision r
McLendon, defending the Greene Coun-
j ty school officials, told the court their
action in the Talbert case had nothing
to do with the George County voter
suit. He said the 33-year-old college
graduate’s one-year teaching contract
ended legally.
What They Say
Patterson Accuses
Federal Officials
Of ‘Skullduggery’
State Attorney General Joe Patterson
told the Mississippi Circuit Clerks
(county registrars) in convention at
Columbus July 28 that “people in high
places in Washington are now taking it
upon themselves to participate in the
practice of political skullduggery for
the gratification of certain groups
whose votes they so desperately want.”
He mentioned voter registration suits
filed on behalf of Negroes by the Jus
tice Department.
“They are trying to make political
whipping boys of public officials in cer
tain areas for the gratification of these
radical groups whose favor they want
to curry,” he said. “Don’t be terrorized.”
“If you or other clerks are involved
in court suits, don’t permit them to in
timidate you,” Patterson said. “If some
one from the Civil Rights Commission
comes to your office, don’t talk to him.
You don’t have to. The law of self-
incrimination also applies to circuit
clerks, I think. If it applies to com
munists, it should apply to the clerks
too.”
Attorney General Patterson said, “We
may lose fights in the courtroom, but
the mere fact that we lose a lawsuit
doesn’t mean that we have lost the
fight.”
‘We Are Thrice Armed’
“The saying is that he who has right
on his side is thrice armed. Therefore,
we are thrice armed.”
On July 31, in an address at Jackson
to the Mississippi Chancery Clerk’s as
sociation, Patterson charged that Mis
sissippi “is a testing ground for federal
civil rights action.”
“We must maintain a faith in our
selves and the future and realize that
the problems being thrust upon the
people of Mississippi by the federal
government are the result of political
skullduggery,” he said.
Asserting that the only places in the
nation where the federal government
claimed civil rights were being violated
were in Mississippi, Alabama, Louisiana
and Georgia, Patterson said:
‘This is . . . Hypocrisy’
“This is nothing but the highest kind
of hypocrisy. According to Washington
accounts, the only citizens ever to have
their rights violated were the Negroes.
We are the testing ground. The Repub
licans claimed to have initiated the al
mighty right of minority, and now the
Kennedy clan claims credit for en
forcement It appears that the south
eastern states were the first choice fo
enforcement.”
The state attorney general, points
out that President Kennedy was elect
by the smallest majority in histoi
said:
“I do not believe the people will
along with the present administratis
intention to be headed by John T
First, aided by Crown Prince Robt
and abetted by Prince-In-Waiting |
l
1
ward.”
★ ★ ★
Human Relations Council
Outlines Its Purposes
seg:
gra
sch
yea
In
The official Statement of Purpose u g
the newly formed Mississippi Coujihis
on Human Relations has been releas as
by Dr. A. D. Beittel, president of t\y r ;
group and also president of Tougal rp
Southern Christian College near Jadof tl
son. and
Dr. Beittel said the Mississippi counistar
“is an autonomous unit and will not 11963
directly affiliated with the Southern i
Regional Council.” addi
“However,” he noted, “our stateme
of purpose is quite consistent with f
statement of purpose of the Southe Ni
Regional Council.” hy
It follows: for
“Believing that all men are of equthe
worth in the sight of God, and drawiiWri
our inspiration and guidance from fiords
Judaeo-Christian continuity of ptfor
phetic witness for social justice, a use
desiring to support in the state of Mias 1
sissippi those objectives in this direerat
tion which elsewhere within our nati W
have won general recognition and aappi
ceptance, we hereby form in MissiWas
sippi an organization to be known lEllis
the Mississippi Council on Human Bplac
lation. plet
Des'
Six-Point Program gr . ac
who
“We express our support of: dess
“1. The traditional freedom of spea T]
including its class-room counterpart peri
academic freedom for all teachers, boa:
“2. The basic freedom of assembly ^e
which men who believe in democrafwhi
institutions may meet together withoP ro ’
anxiety.
“3. Absolute impartiality as to n'^ er<
in the enforcement of law by police ai
courts and in the selection of jit
members. Tl
“4. The application of one set of
quirements in one manner to all inc :ou
viduals who seek registration for vo Ke i c i c
ing, regardless of race.
add
“5. Employment on the basis of mer^™
“6. Wise compliance with the spii
of the Supreme Court decision of IS.
within the living context of the situ 8
tion in Mississippi through: r”,
“a. Voluntary removal of state a ten-
local laws enforcing segregation. ^
“b. Prompt acceptance of qualify j
Negro applicants on the part of colleg sc ^ (
and graduate schools.
gro
c. Initiation, on the part of men a ^.
good will of both races within loc •
in ]
communities of plans for compliance i no ^
the lower schools, in advance of con
pulsory action by federal courts.
“d. Immediate representation l
qualified Negroes on local and sts
boards of education where these pof
are appointive.” # #
J
eventually to desegregation of the
Longfellow Elementary School, to the
north, and the Dewey Elementary
school, located about a mile to the west
of the affected area.
Community Action
Workshop Hears
Report on Dallas
Desegregation Plan
The Dallas school desegregation pro
gram, apparently an overwhelming suc
cess, had its disappointing aspects, a
University of Oklahoma human rela
tions workshop was told.
A report on the program, presented
as a case study for discussion, took ex
ception to allegedly incomplete press
coverage and complicated transfer pro
cedures.
The report was written by Dr. Wil
liam R. Carmack, director of the South
west Center for Human Relations
Studies, one of the sponsors of the
workshop, and Theodore Freedman, di
rector of the Anti-Defamation League’s
southwest regional office. The Dallas
study was one of a series of “Field Re
ports on Desegregation in the South”
published by the league.
Carmack and Freedman described
how the city was prepared for the de
segregation of some of its schools last
September. Eighteen Negro child*
entered first-grade classes in eight fo
merly all-white schools.
The role of the influential Dallas C# 0 j
zens Council and the uneasy position
Negro leaders working with it were f C(
lated. The report told of an intensi
campaign for public approval, based 1 j c
appeals to civic pride and good citiz® j
ship. F
However, Carmack and Freed® 1 ^
were critical of the way the stairsf
desegregation plan, ordered by a f* T
eral court, was actually carried ol cou
especially in granting transfers to 1*1961
gro pupils. They said the physical ® seg]
chanics of obtaining a transfer vt*Sch
“very cumbersome.” The conditions 1 Ma;
transfer and reasons to support tra* p
fer were calculated to discourage schi
segregation, the authors insisted, ^of (
times for filing transfer applicate hav
were not made convenient for Negr^mei
they declared. And the school bo* schi
did not publish or make available ® 2.
terial to explain the complicated p® ope
ess, the report said. in <
Carmack and Freedman took a
view of top news media managerne*
cooperation with the Dallas Citiz e Neg
Council in covering the desegregati® °Pfi
This led to decisions not always agr® 3.
able to working reporters and resul® and
in the local public not receiving *1961
available and important news, the au
thors maintained. They reported sof n ea:
Negroes fear the token desegrega® 1 4.
may foster complacency by whites ^fror
Negroes alike and make it hard to ^ that
tend the program. # #