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SOUTHERN SCHOOL NEWS—AUGUST. 1962—PAGE 13
LOUISIANA
U. S. Appeals Court Directs New Orleans
To Desegregate Three Grades in 1962-63
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tob( NEW ORLEANS
’ ^rriHE U. S. Fifth Circuit Court
1 0 f Appeals has directed de
segregation of the first three
grades in the New Orleans public
[ schools during the 1962-63 school
year.
In its decision Aug. 6, the appellate
court ordered more desegregation than
>se U.S. District Judge Frank Ellis had in
)Us his decision May 29, but not as much
easi as Ellis’s successor, Judge J. Skelly
>f tWright.
[gal xhe new order calls for desegregation
Jad 0 f the first three grades this next term,
and the abolition of biracial districts
>UBlstarting with two grades in September,
[0111963, extending to the first five grades
theijn September, 1964, and covering one
additional grade each year,
ime
k , Judge Wright’s Orders
the New Orleans first desegregated in 1960
by order of Judge Wright, who called
for a grade-a-year plan to begin with
eqi the first grade. On April 3, 1962, Judge
wii Wright amended his 1960 order and
n flordered the first six grades desegregated
pjfor the 1962-63 year and forbade the
a use of the state pupil assignment laws
Mias long as the district continued to op-
lireerate a dual school system.
iatii When Judge Wright left for his new
1 aappointment to the appellate court in
issiWashington, D.C., his successor, Judge
/n lEllis, upheld Wright’s ruling on the
i R placement law but called only for com
plete desegregation in the first grade.
Desegregation in the second and third
grade was to have been limited to pupils
who had entered the first grade on a
desegregated basis in 1960 and 1961.
?e« The appeals court noted that “the ex-
irt perience the Orleans Parish school
>. board has gone through to bring about
ilyjthe admission of 12 Negro children to
: ra)white classes is some indication of the
thuproblem that would be created if, this
late in the year, three grades were or
dered completely desegregated.”
"j u Additional Desegregation
The court said it was modifying the
f pdistrict court order “so that, within the
imj bounds of administrative feasibility, the
v( |Second and third grades will have an
additional measure of desegregation,
ner eve 9 d they are not on the identical
5 pjjb as ' s as the incoming first grade.
1« “This will be accomplished by allow-
itui* n ^ Pupils now enrolled in the second
grade and third grade in segregated
schools to be transferred in the 1962-63
“term.”
lifii , c . ourt al so said that “Negro chil
leg
dren who attended formerly all-white
schools in 1960-61 and 1961-62 and Ne-
, n( S ro children who have registered for
lot atten dance at formerly all white schools
cei m and subsequent years may
k® trans f er red or assigned to an all-
Negro school against their wishes,
j If the transfer of white students
from such schools would result in re
segregation, the Negro children shall be
afforded an opportunity to attend a
nearby formerly all-white school with
out being subjected to tests for trans
fer under the pupil placement act.”
Circuit Judge John Minor Wisdom
of New Orleans wrote the opinion and
it was concurred in by Circuit Judges
John R. Brown of Houston and Richard
T. Rives of Montgomery.
The Orleans Parish Superintendent
of Schools, O. Perry Walker, reported
to the school board on July 16 that he
would present to the board in August
a list of names of Negroes eligible for
admission to the six schools previously
desegregated and to the 18 other white
schools to which applicants sought ad
mission. The superintendent had an
nounced in June that 141 Negroes had
applied for admission under Judge
Ellis’s order.
★ ★ ★
Catholic school authorities were silent
on their registration figures. All Cath
olic schools of the Archdiocese of New
Orleans, elementary and high, have
been directed by Archbishop Joseph
Francis Rummel to admit Catholic stu
dents without regard to race.
A registration period was conducted
before the end of the last school year
but Catholic officials said they were
keeping no record on the race of ap
plicants.
U.S. District Judge E. Gordon West
of Baton Rouge, acting at the request of
U. S. Attorney General Robert Kennedy,
ordered Louisiana school officials to
show cause Sept. 20 why they should
not be held in contempt for failure to
desegregate a Lake Charles trades
school.
St. John Barrett, member of the Ken
nedy staff, flew to Baton Rouge July
28 and filed the request for the court
order.
The action was taken in the Angel
et al v. State Board of Education case,
which is a suit directed against five
trades schools at Lake Charles, Crowley,
Natchitoches, Opelousas and Greens-
burg.
Judge West’s show-cause order di
rected against the state board of educa
tion, however, applies only to the single
school at Lake Charles, the Sowela Vo
cational-Technical Trade school.
Meeting Set
William J. Dodd, former Louisiana
lieutenant governor and now president
of the state board of education, said
the board would meet Aug. 6-8.
He commented: “I’m sure that at that
time the board will discuss this matter,
and at that time we’ll have copies of
the court orders and other legal docu
ments. Whatever we do will be con
sistent with the law.”
The state board was ordered May
24, 1960, to desegregate the five schools
dr
Excerpt from Decision
In New Orleans Suit
Cit P n 6 the Fifth Circuit Court
)n i ft Appeals handed down a decision
, f ln the New Orleans public school
case approving in part and modify-
j ( tn part earlier decisions by
ze! l? rrner District (now circuit) Judge
■ Skelly Wright and District Judge
rank B. Ellis. The conclusions of
\jjoi t e circuit court opinion follow:
rst y
0 i ^', s Court approves the district
° rderS ° f Ma y 29 and A P ril 9 >
’ arr | end ing and clarifying the de-
Station plan of the Orleans Parish
is M ° i „ ® oard set forth in the order of
.gj ’ ? y .i 6 > I960, except as modified below:
d , ginrdn H with the opening of
f , J?°r m 1962, every child in the Parish
tio jg r eans entering the first grade shall
r^mer-t i °P don °f attending the for-
l0 a y a h~white or formerly all-Negro
^school nearest his home.
)T» openirm H t year ’ beginning with the
jjj S of school in 1963, every child
di nin E r wifwu ti0nal higher grade > begin-
.4 the f ln tae second grade, may attend
ize Nevr° rrn i. ldy ad_w hite or formerly all-
ti £ option SC ” 0Cd nearest bis home, at his
il* 1 and tdldd enrolled in the second
, 11962-R') lrd grade for the school year
a all--«,T, •+ may trans fer to the formerly
iO^neare + ? .° r f Qrr nerly all-Negro school
jt ji 4 bis home, at his option.
it from 6 “° ard ma y transfer children
e! that tv, 116 stdl0 °l t° another provided
t e Board does not base such
transfers on racial considerations.
5. Negro children who attended for-,
merly all-white schools in 1960-61 and
1961-62 and Negro children who have
registered for attendance at formerly
all-white schools in 1962-63 and sub
sequent years may not be transferred
or assigned to an all-Negro school
against their wishes. If the transfer of
white students from such schools would
result in resegregation, the Negro chil
dren shall be afforded an opportunity
to attend a nearby formerly all-white
school without being subjected to tests
for transfer under the Pupil Place
ment Act.
6. In September 1963 the dual system
of separate geographical districts for
the first and second grades shall be
abolished. In September 1964 the dual
system shall be abolished for the first
five grades. Each year thereafter, as
each succeeding higher grade is deseg
regated the dual system shall be abol
ished contemporaneously therewith. As
the dual system is abolished, the Board
shall submit to the Court for approval
its maps and plans for a single system
of geographical school districts.
7. The Louisiana Pupil Placement Act
may be applied only when the Board
makes placements without regard to
race. In such situations the Board will
be expected to base its application of
the Act on high standards of good faith.
# # #
embodied in the Angel suit and the
similar state-supported trade school at
Shreveport attached in the Allen et
al v. State Board of Education suit.
The Fifth Circuit Court of Appeals
upheld the ruling Feb. 9, 1961, and last
Oct. 9 the U.S. Supreme Court refused
to review it.
In asking for the contempt order, the
government said that at “no time” had
the defendants taken any action to
comply with desegregation.
The government said neither the
board nor its administrative officer,
state school Supt. Shelby M. Jackson,
had directed the executive officers of
the state school to change the policy
which prohibits Negroes from enrolling.
Kennedy Comments
Kennedy said at Washington:
“The issue here is not whether Ne
groes shall be admitted to these
schools. “The courts have ordered that
they should be. The issue, rather, is
whether certain Louisiana state officials
will obey the courts.”
★ ★ ★
Circuit Court Rejects
Appeal in Tulane Case
At New Orleans on July 21, the U.S.
Fifth Circuit Court of Appeals reject
ed the appeal of two Negroes to restore
a summary judgment ordering their
admission to Tulane University.
A trial is set for Aug. 4 on suit of
the plaintiffs, Barbara Marie Guillory
and Pearlie Hardin Elloie, both of New
Orleans.
Former U.S. District Judge J. Skelly
Wright issued the original summary
order that the Negroes be admitted to
Tulane. He held Tulane received suffi
cient benefits from the state, past and
present, to make it a public institution
in the eyes of the law.
Judge Frank B. Ellis, Judge Wright’s
successor, revoked the earlier order, set
a trial for Aug. 4, and was upheld by
the appeals court comprised of Judges
John Minor Wisdom, New Orleans;
Ben Cameron, Meridian, Miss.; and John
Brown, Houston, Texas.
★ ★ ★
The National Association for the Ad
vancement of Colored People and 10 of
its officers filed suit July 17 seeking to
have declared unconstitutional the state
law which requires segregated seating
at public athletic and entertainment
events.
The action also asks that the court
issue a temporary injunction restrain
ing city officials from denying the
NAACP the use of the Municipal Au
ditorium in New Orleans.
Legislative Action
State Commission
On School Grants
Begins Operation
The law creating a Louisiana Finan
cial Assistance Commission to supervise
and administer grants-in-aid for stu
dents attending private, racially segre
gated schools became operative Aug. 1.
State Rep. John S. Garrett, chairman
of the joint legislative committee on
segregation, said Gov. Jimmie H. Davis
Louisiana Highlights
The U.S. Fifth Circuit Court of
Appeals directed in a ruling Aug. 6
that New Orleans desegregate the
first three grades this year.
The United States district court
at Baton Rouge ordered the state
board of education to show cause
why it should not be held in con
tempt for failure to desegregate a
public-supported trade school. U.S.
Attorney General Robert Kennedy
said he requested the order.
A hearing was set for August on
the question of whether two Negro
co-eds will be admitted to Tulane
University.
The legislature concluded its 60-
day session and immediately began
the setting up of a special commis
sion to handle grants-in-aid for chil
dren attending private segregated
schools.
Gov. Jimmie H. Davis suffered a
reversal in local school board elec
tions July 28.
would name State
Sen. E. W. (Kel
ly) Gravolet Jr.
and State Reps.
Lantz Womack
and James R.
Leake as the
members of the
commission.
Each will rep
resent one of
Louisiana’s three
public service dis
tricts.
, which will receive
some $200,000 monthly from the state
sales tax for grants-in-aid, will be ac
tivated in August.
Grants-in-aid, given last year to
pupils of the Ninth Ward Private School
in New Orleans, were previously ad
ministered by the state department of
(See LOUISIANA, Page 15)
GRAVOLET
The commission,
TEXAS
Desegregation at State College
To Include All Except Athletes
AUSTIN
A rlington State College, one
of Texas’ newest fully state-
supported four-year colleges, sit
uated midway between Fort
Worth and Dallas, announced it
would desegregate in all activities,
except intercollegiate athletics,
beginning with the fall term.
President J. R. Woolf said all func
tions of the college other than athletic 5 -
would be open to students of all races
on an equal basis.
The college is a unit in the Texas Ag
ricultural and Mechanical College Sys
tem. Prior to its recent admission to the
state’s four-year college group, it was
a state-supported junior college. Em
phasis in its curriculum is on the scien
tific courses to supply technically
trained people needed in the Dallas-
Fort Worth industrial complex.
No plans were made for desegrega
tion this fall of the dormitories, but
that was not considered pressing for
the time being as all rooms that will
accommodate 144 women and 388 men
have been taken for the coming se
mester.
Enrollment this fall is estimated to
reach 9,000. Last fall term, it was 8,316.
Many students commute from Dallas
and Fort Worth.
Dr. Woolf said he had no way of
knowing how many Negroes would en
roll this fall but noted that “a few”
had applied in the past.
No Plans for Faculty
No plans have been made yet for the
employment of Negro faculty members
for the college whose policies are de
termined by the Texas A&M College
System Board of Directors. Another
institution in the system is Prairie View
Agricultural & Mechanical College, long
maintained by the state for Negroes.
Arlington State will become the first
college in the A&M system to deseg
regate. It now is the fourth largest in
Numerals Were Transposed
In a report last month on the
merit plan for teachers at Mid
land, Texas, the salary for a be
ginning teacher with a bachelor
degree was given as $4,180. This
was a typographical error. The
starting pay is $4,810.
Texas Highlights
Arlington State College, in a
planned move, announced through
its Texas Agricultural & Mechanical
College board of regents that it
would desegregate all activities be
ginning with the fall term except
intercollegiate sports.
The controversy over failure of the
Texas Board of Regents for State
Teachers College to rehire Dr. R. C.
Koeninger, sociology department
head for 14 years, continued to pop
up.
Three more West Texas school
districts, Roaring Springs, Pettit
and Goree, voted to abolish segre
gation.
NAACP attorneys asked U.S. Dis
trict Court to speed desegregation
of the Fort Worth school district,
and the Dallas school board was
asked to move faster on desegrega
tion.
University of Texas regents won
a federal court decision to employ
private counsel in a dormitory de
segregation suit.
Georgetown school district tax
payers filed a suit against construc
tion of a new segregated Negro high
school.
The Dallas Civil Liberties Union
filed a suit for renewal of contract
for Jesse Ritter as a teacher at
North Texas State University, al
leging that his employment was ter
minated unconstitutionally because
of his desegregation activity.
the entire state college system.
Dr. Woolf said the decision of the
board of directors to desegregate was
wholly voluntary but the alternative
would have involved court action in
which Dr. Woolf believed precedent
had shown the college would be the
loser.
Last May, a Dallas attorney, Fred J.
Finch Jr., notified the college that three
Negroes, one of whom resides in Dal
las, intended to apply for admission.
Dr. Woolf said he did not know whether
the National Association for the Ad
vancement of Colored People had spon
sored the move.
In Austin, the first Negro graduate of
the University of Texas died. He was
Oscar Leonard Thompson, 54, who re
ceived his master’s degree in 1952. He
was a research scientist for the Human
Genetics Foundation at the University.
★ ★ ★
The controversy over failure of Sam
Houston State College, Huntsville, to
renew the contract of Dr. R. C. Koen
inger, a sympathizer with liberal po
litical causes, including desegregation,
continued to provoke sporadic public
public statements.
The Texas Association of College
Teachers expressed renewed hope that
Gov. Price Daniel would cause a
thorough investigation to be made.
State Rep. Charles N. Wilson of
Trinity called on the Board of Regents
of the State Teachers Colleges, of which
Sam Houston is one, to make public
the board’s reasons for failing to rehire
Dr. Koeninger, head of the college’s
sociology department for 14 years.
He contends he lost his position be
cause of his political views. He appeared
before a board meeting but was given
no reason why his contract was not
renewed. Thus far, Board Chairman C.
Smith Ramsey of San Augustine has
remained silent.
Schoolmen
Desegregation Voted
In Three Districts;
Speedup Sought
Three more West Texas school dis
tricts—Roaring Springs, Motley Coun
ty; Pettit, Hockley County; and Goree,
Knox County—voted to abolish segre
gated schools effective in September.
This increased to 158 the number of
Texas districts which have desegregated.
Roaring Springs last year had 180
white and 32 Negro pupils enrolled;
Pettit, 168 white and 16 Negroes; and
Goree, 204 white and 26 Negroes.
In Fort Worth, attorneys for the Na
tional Association for the Advancement
U.S. District Court seeking to speed de-
of Colored People filed a motion in
(See TEXAS, Page 15)