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1 rAtob 2—AUtoUbl, IV6Z—bUUIMbKN SCHOOL NEWS DELAWARE Judge Quoted as Warning Against Uniracial School DOVER ^laware’s attorney general has warned the State Board of Education that a federal judge will not hesitate to close a pro posed school if pending litigation proves it was meant as a segre gated facility. Attorney General Januar D. Bove Jr. expressed that belief in a July 26 letter to the board, in relation to construction of a school at Milton-Ellendale-Lincoln- Slaughter Neck (MELS). The proposed $543,000 school, for which money has been appropriated by the General Assembly, would serve as a consolidated school for the four small Sussex County towns. An opinion poll conducted by the state board in February, 1961, showed that residents favored the consolidated school by a 441-19 margin. Biracial Policy But the state board, while admitting the building is to be built in a region with a predominantly Negro popula tion. has steadfastly declared that the school will accept all qualified students of all races. While the contract for the school has not been let, Reese Smith, Georgetown (Del.) contractor, has been notified that he submitted the low bid, according to Dr. George R. Miller Jr., State Super intendent of Public Instruction. Attorney General Bove himself, ap parently, is not certain what action the board has taken to award the contract to begin construction. Bove’s letter, which sums up a meet ing held with Federal District Judge Caleb M. Wright and with Louis L. Redding, who seeks to prevent con struction of the school, makes two men tions of the contract: • “I advised the Court fully con cerning the State Board’s proceeding with the award of a contract without consulting . . . my office . . .” • “Will you please advise me fully concerning what, if any, action the State Board has taken to award the contract, including such comments as are neces sary for me to determine whether or not the Board has incurred any substantial risk of liability by the action it has taken without the advice of counsel,” Bove stated in his letter. ‘Shocked to Learn’ Bove, in an exchange of correspond ence in June, wrote that he “. . . was shocked to learn . . . that the state board has let this contract in the face of this law suit without prior consulta tion . . .” In the July 26 letter, Bove tells of the meeting with Judge Wright and Redding, the Negro attorney from Wil mington who successfully brought about full desegregation of Delaware’s public schools. Redding, after the state board an nounced plans to construct the MELS school, filed a supplemental petition with the federal district court in Wil- Delaware Highlights A federal judge has told Dela ware’s attorney general he will not hesitate to close a proposed school if he is convinced it was meant as a segregated facility. A member of the House of Rep resentatives in Delaware’s General Assembly has asked the State Board of Education to release $200,000 ap propriated for construction of a Ne gro school. But Rep. John Annett said he could give assurances that both Negroes and whites would at tend the school. A white professor at a predomi nantly Negro college has withdrawn from a race for a seat in the Gen eral Assembly after the Delaware State College board of trustees ruled he would have to take a full leave of absence. Consolidation failed, for the sec ond time, in the Dover and Caesar Rodney districts, which followed different desegregation paths. mington, holding in essence that its construction was a continuation of seg regation. “Judge Wright expressed some strong views about any attempt to avoid the effect of his previous orders in the case of Evans v. Buchanan, et al.,” Bove told the board. Asked ‘Safeguards’ “I asked the Court to permit us to build the school and to place safeguards in the Court’s order to prevent it being a segregated school,” Bove continued. “Mr. Redding took the position that the whole plan for the school is to make it a segregated school and that he has asked the Court to prohibit its con struction. He therefore objected to the entry of any such order.” The court, Bove told the board, will confer further with Redding and Bove on Aug. 14, after Redding has had the opportunity to complete his examina tion of the state board’s records con cerning the school. Also to be discussed at the August meeting will be possible future further proceedings in the case, including the taking of evidence at a trial. “Judge Wright made it very clear REDDING Schoolmen Legislator Asks Fund Release To Construct Biracial School A member of Delaware’s General As sembly has asked the State Board of Education to free $200,000 originally appropriated in 1961 for a Negro school at Greenwood to build a biracial school in that southern Delaware town. Rep. John Annette (R-Staytonville) told the board he could give assurances that both Negroes and whites would attend the school. The money was appropriated to Greenwood District 222, which in the past was attended only by Negroes. Annett said this school, built about a half-century ago, is in dilapidated con dition. On the other hand, Greenwood Dis trict 91, used only hy white students until last September when more than two dozen Negroes enrolled, is over crowded, Annett told the board. Money Held But the money, according to Dr. John G. Parres, director of research and publications, has been held at the request of Delaware’s attorney general, Januar D. Bove Jr. Parres proposed one possible solution: consolidation of the two districts. “You just tell me what you want done and we’ll get it done,” said Rep. Annett. The legislator told the board that many Negroes have to travel nine miles each way each day to other schools because they will not go to the Negro school and cannot get into the white school because of lack of room. Opposes Small School One board member, Harry Zutz, op posed construction of another small school: “I am not in favor of perpetuating a system of 75- to 100-pupil schools,” he said. “You’ve got to start somewhere; a community begins with one home,” re plied Rep. Annett. The board deferred action until the August meeting, but member Harold English of Laurel commented: “All right, we’ll defer it this time, but let’s not put it off any further. We can keep putting it off and it will be Christmas by and by.” J. Ohrum Small, re-elected as presi dent of the board, told the staff to have a concrete recommendation ready by the August meeting. Marvel O. Watson was elected vice- president of the board. that he would not hesitate to order such a school closed, if he permitted one to be built, and it was a segregated school,” Bove said. “He further stated that, because of his schedule, even if the trial were to be held in August, which it cannot be because of his schedule, Judge Wright will be unable to decide the case until well into October.” Bove further told the board that it appears to be unlikely that the court will enter an order permitting the con struction of the school prior to the mid dle of October. "If Mr. Redding can prove his con tention that the entire plan is for this school to replace four Negro schools and thus to be a segregated facility, the court may never permit its con struction,” Bove stated. Delaware’s public schools are under court order to admit pupils of all races at all grade levels. A grade-a-year program, previously approved by a federal court, was re versed on appeal, and all grades were desegregated last September. Among those schools where Negroes are expected to enter for the first time this September is Laurel, one of the few large school districts still segre gated. At least 22 Negro pupils are ex pected to enroll in the elementary and high school grades. Political Activity Professor Quits Political Race On Board Ruling A white professor at a predominantly Negro college has withdrawn from the race for a Republican seat in the Gen eral Assembly after a ruling by his board of trustees that he would have to take a full leave of absence to run for public office. Paul E. Mabry, Delaware State Col lege professor, made his announcement of withdrawal on the same day that Gov. Elbert N. Carvel indicated a full leave of absence would not be neces sary. Gov. Carvel, at a press conference, said state agencies, including the board of trustees at Delaware State College, have the right to require the full leave of absence, but added he thought the agencies “should encourage those quali fied people to run.” The governor cited, as an example, Sen. Allen J. Cook, who holds a job in the State Highway Department, work ing part-time as a state employe, part- time as a legislator. Gov. Carvel said he approved such a setup. Year’s Leave The trustees ruled that Mabry would have to take a year’s leave of absence to seek the nomination. If he lost, he could return for the next academic year. But if he won he would remain on the leave until he left office. Delaware’s representatives are paid $3,000 a year, and Mabry indicated he could not afford to leave his present job and live on the state salary. John N. McDowell, president of the board of trustees at Delaware State, said the primary reason for the ruling was that the board felt Mabry’s run ning would interfere with his on- campus duties. McDowell pointed out further that, as a member of the House of Repre sentatives, Mabry would be in a posi tion to cast votes on appropriations to the college, which is supported 100 per cent from state funds. McDowell, a former Delaware secre tary of state, said he felt a member of the staff sitting as a representative should not vote on such a matter. ★ ★ ★ A referendum to consolidate Kent County’s two largest school districts, which followed different desegregation paths, again failed in July. While Dover voters once more ap proved merger, but by a much smaller margin, Caesar Rodney voters this time overwhelmingly rejected it. Voters at the two Negro schools in each district rejected the proposaL Whites, however, were allowed to vote at the two Negro schools—Star Hill and Booker T. Washington—maintained by the two districts. At Caesar Rodney’s Star Hill the vote was 232 to 71 against consolidation, compared with 220 to 97 against it at Dover’s Booker T. Washington. The total Dover vote was 567 to 454 in favor of merger while the Caesar Rodney vote was 1,417 to 691 against it. Dover and CR, which suspended ath letic relations when Dover insisted on playing Negroes, resume the series in football this fall. Dover desegregated in 1954, CR awaited the federal district court order, the result of a suit en tered in 1956. # # # ALABAMA k ✓A >A \ Desegregatidfr Suffers Setbacks in Birmingham MONTGOMERY egroes seeking desegregation of Birmingham schools suf fered two court setbacks in July: • U.S. District Judge H. Hobart Grooms again refused to set an imme diate hearing date for a suit filed by T. M. Nelson June 13 in behalf of his children. • U.S. District Judge Seyboum Lynne rejected July 27 a petition for a summary judgment in the case of Arm strong et al v. Birmingham Board oj Education, filed June 17, 1960. He left standing his earlier directive setting Oct. 3 for a hearing on the motions and merits of the case. Judge Grooms was directed June 30 by the U.S. Fifth Circuit Court of Ap peals to answer a petition for manda mus filed by the plaintiff Nelson in the later case. Grooms had ruled in June that he would not set a hearing for the new case until after Judge Lynne had heard the 1960 case in October. Nelson appealed to the Court of Appeals in New Orleans, which on June 30 or dered Grooms to answer Nelson’s man damus action demanding an immediate hearing (SSN, July). Grooms was giv en 15 days to answer. “Useless and Wasteful’ His answer came July 10, when he told the Court of Appeals that taking time to hear the second suit before the Armstrong suit had been heard by Judge Lynne in October would be a “useless and wasteful consumption of time and needless expense.” In June, he had said that the issues and allegations in the two suits were so similar he would not set a hearing until the case in Judee Lynne’s court had been heard. Nelson appealed to the Court of Appeals on the grounds that the postponement was “tantamount to a refusal to hear and determine” the Lter suit. In his Julv 10 answer mailed to the Court of Appeals. Judge Grooms com mented that there appeared to be a “race between the plaintiffs” and their sponsors in the two suits. Furthermore, he said. “This court has a heavv burden of work and this burden should not be multiplied by duplicate efforts of its nidges.” He said he would not have time to hear the case ahead of other cases on the docket unless ordered to do so on his vacation in August. The remainder of Julv and all of September had al- readv been scheduled for other cases, he said. Judge Grooms said the Nelson suit should be heard on its merits, on evi dence taken in regular course, and not disposed of on a motion for preliminary iniunction. Nelson’s attorney said an appeal was planned. No Summary Judgment Judge Lynne ruled July 27 that he would not issue a summary judgment, as remiested by the plaintiffs in the Armstrong case, directing the Board of Education to take immediate steps to desegregate public schools. Ernest D. Johnson, attorney repre- Alabama Highlights A Birmingham federal judge re jected July 10 a demand for an im mediate hearing on the second of two school desegregation suits pend ing in Birmingham. U.S. District Judge H. Hobart Grooms, replying to a mandamus petition seeking an immediate hear ing in an action filed June 13 by T. M. Nelson in behalf of his chil dren, told the U.S. Fifth Circuit Court of Appeals that there ap peared to be a “race” on between Nelson and the plaintiffs in a suit filed in 1960. Judge Grooms said allegations and issues were so simi-: lar in the two suits he would not hear the later one until Judge Sey-I bourne Lynne had heard the 1960 case in October. Judge Lynne denied July 27 a plea for a summary judgment in the earlier (Armstrong) case, leaving Oct. 3 as the hearing date on mo tions and merits. senting the plaintiffs in this case, asked the court to order the school board ti submit “some plan for reorganizing the present school system into an integrated system.” In his rejection of the plea, Lynne observed that in setting a hearing on the case for Oct. 3, he was giving pre cedence to the suit over other pending matters. (SSN, July, 1960.) Teachers Involved The Armstrong action seeks not onlj desegregation of student enrollment but also desegregation of teaching and administrative staffs. Grooms and Lynne are the two U.S district judges in Birmingham. The cases in their courts are the only public school desegregation suits now pending in Alabama. The state’s public school system remains segregated throughout; no plans have been announced to de segregate any school or system in the coming school year. Lesislative Action Gov. Patterson Kills Bill to Establish Segregation Probe Gov. John Patterson July 25 pocket- vetoed a legislative bill providing fo: the establishment of a segregate study commission. The bill, introduced by Rep. Hugh A Locke Jr. of Birmingham, passed tb House and Senate by a substantial mar gin. It would have instituted a 15-mai “Commission on Constitutional Gov ernment” with four members from tb House, four from the Senate, four frofl (See ALABAMA, Page 5) What They Say Governor-Nominate Says Use Of Militia Being Considered Alabama’s govemor-nominate, George C. Wallace, revealed July 28 that he is considering the formation of a state militia to meet any racial problems that may arise in his administration. In his successful spring campaign for the Democratic gubernatorial nomina tion, Wallace pledged unyielding re sistance to any desegregation attempts if elected gover nor. He promised to “stand in the school house door” if necessary to prevent a single school from being desegregated by federal court or der. (There is no desegregation in any of Alabama’s 114 school dis tricts, although two cases are pending in Birmingham. While expressing admiration for the Alabama National Guard, Wallace said July 28 that it could be federalized t a racial emergency, as happened in Lit' tie Rock. A militia, state supported a® controlled, could not, he said. Wallace said he would have the mili' tiamen trained in law enforcement judo and other methods of self-defens* He added that he would call on sheriff and other local law enforcement office 1 " to help train recruits. With a well-trained force standW by, Wallace said, racial trouble woiff not occur. Wallace promised during his can 1 ' paign to ask the legislature to give hff personal authority to intervene whe 1 and if federal desegregation orders issued. ★ ★ ★ State Republicans declined to offer & opponent for Wallace in the gener® election in November. The former leff islator and circuit judge will take ofi( in January for four years. P] o port; suit! less Tu last and ticipj scho- Leg Co Gc 0^ Th filed ment the 1 appli atten Po to) ment Th recte the whic! ment state appli form Tb their genu they A Pri: sen for Put 1 boa Pui ove: froi sch A. con trie the