Newspaper Page Text
PAGE 2—SEPTEMBER, 1962—SOUTHERN SCHOOL NEWS
MISSISSIPPI
State Faces First Two Serious Desegregation
JACKSON
esegregation of public educa
tion is on Mississippi’s “front
door steps.”
It is the first court-supported chal
lenge to the long-maintained system of
segregation which officials have battled
to retain since the 1954 desegregation
decision of the U. S. Supreme Court.
Scheduled to cross the racial barrier
at the all-white University of Missis
sippi at Oxford in September with the
backing of a federal court order is
James H. Meredith, 29-year-old Negro
of Attala County. The university regis
tration begins Sept. 21.
The other desegregation effort is not
as imminent. It is in the form of a for
mal petition by nine Negro families and
their 15 children demanding that the
trustees of the Jackson Municipal Sep
arate School district “take immediate
concrete steps leading to early elimina
tion of segregation in the public
schools.” The petition was considered
the forerunner to a federal court suit as
it was patent it would be rejected.
Jackson public schools began registra
tion Sept. 5.
Stay Order Set Aside
As Southern School News went to
press, U. S. Supreme Court Justice
Hugo Black granted a petition filed by
Meredith to set
aside a stay order
— the fourth — is
sued by a U. S.
Fifth Court of Ap
peals Judge.
Appeals Judge
Ben F. Cameron
of Meridian, Miss.,
issued the stays to
a mandate by
three other ap
peals court judges
ordering Meredith enrolled in Septem
ber.
Three previous stays by Judge Cam
eron were set aside by the three-judge
panel under a procedure in the Fifth
District which denies a judge who did
not sit in a case the authority to set
aside an order.
State Attorney General Joe Patter
son has contested Meredith’s petition
filed in his behalf by Mrs. Constance
Motley, counsel for the National Asso
ciation for the Advancement of Colored
People. The Mississippi attorney gen
eral has taken the position that any
appeals judge can stay an order. He
based his position on rulings of the
U. S. Supreme Court—one in the Ros
enberg case and the other in the Chess
man case.
If Judge Cameron’s stay had been
upheld, Meredith would have been
forced to wait until the U. S. Supreme
Court passes on Mississippi’s appeal
from the Fifth Circuit Court’s mandate.
Plans Unknown
What further action was contemplated
by Mississippi officials was not of pub
lic knowledge. Officials were holding
“closed door” conferences on the matter,
but had not indicated what plans were
being made for use in event Meredith
appears on the campus at Oxford in
northeast Mississippi.
Reports were that the strategy was
being determined by Attorney General
Patterson.
Meanwhile, university officials were
hopeful that whatever was the final
decision, that there would be no vio
lence. Plans to handle Meredith’s trans
fer from Jackson State College had been
outlined by university officials, but they
were “classified.”
It is known that Meredith faces a
housing problem. He has been turned
down for room accommodations on the
campus. That phase of his case is not
covered in the appeals court enrollment
mandate.
Started In January, 1961
Meredith’s first application as a
transfer student from Jackson State
College for Negroes was filed in Jan
uary of 1961. The final U. S. Fifth Court
of Appeals mandate was issued in June
of 1962.
Originally, the Court of Appeals
ordered District Judge S. C. Mize of
Mississippi’s southern district to issue
the enrollment mandate, but after
Judge Cameron’s first stay, the appeals
court took the matter in hand and is
sued the order.
Judge Mize had turned down Mere
dith’s petition on grounds he failed to
meet University of Mississippi stand
ards. In that decision, Mize said segre
BLACK
gation was not practiced at the univer
sity. He denied that Meredith’s race had
anything to do with his turndown.
Mayor Thompson Directs
Opposition in Jackson
Mayor Allen Thompson, who handled
the so-called Freedom Rider incidents
without violence, is directing opposition
to the Jackson public school desegrega
tion effort.
Officials have not revealed their
planned “strategy,” but it reportedly is
a two-way matter: one in event the Ne
gro children apply at all-white schools
in their residence areas, and the other
for whatever court action is filed.
No action has been taken by the
school board on the petition which was
filled with it on Aug. 16. Hearing the
list of parents submitting the petition
was Medgar Evers, field secretary of the
NAACP. The Evers have two children
of school age; one would enter the third
grade and the other the fourth.
The only statement made about the
petition was by Lester Alvis, chairman
of the board. He said, “we have an ex
cellent administrative staff which has
been instructed to operate the Jackson
schools according to law—and that will
be done.”
Pupil Assignment Law
Mississippi has a pupil assignment
law and in event Negro children appear
at white schools, reports are that their
applications will be accepted and then
filed with the school board for routine
handling of petitions for transfer. In the
meantime, the Negro children would be
assigned to Negro schools.
Anticipating rejection, one of the Ne
gro parents said the next step will be
to file suit in federal court. That means
the Jackson schools, as well as others in
the 150 districts in the state, will open
on a segregated basis as no suits are
pending.
NAACP Field Secretary Evers said
his organization as such is not sponsor
ing the petition but it is “supporting
it.”
Besides Mr. and Mrs. Evers and their
“Say, Who’s Th’ Li’l Chubby
Fella Shoutin’ ‘Amen?”
Haynie, Louisville Courier-Journal
Mississippi Highlights
Mississippi faces its first two seri
ous efforts for desegregation of pub
lic education. One is by a 29-year-old
Negro veteran ordered by the U.S.
Fifth Circuit Court of Appeals to be
enrolled at the all-white University
of Mississippi for the fall term com
mencing Sept. 21. The other is a
petition of Negro parents in Jackson
for desegregation of the public
school system.
Gov. Ross Barnett said “as long
as I am governor, I will take the lead
in fighting anyone who advocates in
tegration of the races.”
A Mississippi federal district judge
has refused to order the Greene
County School Board to rehire Er
nestine Talbert, a Negro teacher who
charged she was fired for her activ
ity in seeking to register as a voter.
The suit was filed in her behalf-by
the U.S. Justice Department.
Public schools in Mississippi’s 150
districts reopen in September still
segregated.
Dr. William Murphy, law profes
sor at the University of Mississippi
under attack by segregationists, re
signed to join the University of Mis
souri law school faculty.
The Rev. Edward Harrison, rector
of St. Andrews Episcopal Church in
Jackson, resigned. He has been the
target of pro-segregation groups be
cause he permitted a biracial meet
ing to be held in his parish house.
New officers have been elected by
the Jackson Citizens’ Council, largest
pro-segregation group in Mississippi.
two children, others signing the de
segregation petition were:
Samuel Bailey, three children; Mrs.
Kathryn Thomas, two children; A. M. E.
Logan, one child; Mrs. Annie Harris,
three children; Jessie Lee Gamer, two
children; Mrs. Edna Marie Singleton,
one child, and Mrs. Elizabeth White, one
child.
Not Notarized
The petition was not notarized. That
feature in a 1955 effort by a group of
Negroes to seek desegregation in schools
in about five cities, resulted in the then
state Attorney General J. P. Coleman
(later governor) ruling them out as not
of “legal stature.”
After the latest petition was filed, the
Jackson Daily News in a news story
identified the signers as follows:
“Evers, field secretary of the
NAACP; Bailey, debit manager for
Universal Life Insurance Co.; Thomas,
operator of Kathryn’s Beauty Shop;
Logan, salesman for Carver Distributing
Co.; Harris, no job listed; Gamer, no
job listed but husband listed as employe
of Jackson Steam Laundry; Singleton,
operator of a beauty shop, and White,
cook at the Veterans Administration.”
The formal petition, addressed to the
Board of Trustees and the Superinten
dent of the Jackson Municipal Separate
School District, follows:
Text of Petition
“We, the undersigned, are the parents
of children of school age entitled to at
tend and attending the public elemen
tary and secondary schools under your
jurisdiction. As you undoubtedly know,
the U. S. Supreme Court on May 17,
1954, ruled that the maintenance of ra
cially segregated public schools is a
violation of the Constitution of the
United States, and on May 31, 1955,
reaffirmed that principle and requires
‘good faith compliance at the earliest
practicable date,’ with the federal courts
authorized to determine whether local
officials are proceeding in good faith.
“We, therefore, call upon you to take
immediate steps to reorganize the pub
lic schools under your jurisdiction on a
non-discriminatory basis. As we under
stand it, you have the responsibility to
reorganize the school system under
your control so that the children of
public school age attending and entitled
to attend public schools cannot be
denied admission to any school or be
required to attend any school solely
because of race or color.
“The May 31 decision of the supreme
court, to us, means that the time for de
lay, evasion or procrastination is past.
Whatever the difficulties in according
our children their constitutional rights,
it is clear that the school board must
meet and seek a solution to that ques
tion in accordance with the law of the
land. As we interpret the decision, you
are duty bound to take immediate con
crete steps leading to early elimination
of segregation in the public schools.
“We, the undersigned parents, con
sidering the above facts, hereby petition
that our children, whose names are also
attached hereto, and other similarly
situated Negro children, be admitted
immediately to the so-called ‘white
school’ nearest their residence or within
their proper district.”
The Monument Will Survive
JACKSON
SCHOOL
SYSTEM
Howie, Jackson Daily News
Refuses To Order Rehiring
Legal Action
Judge
Federal District Judge Harold Cox of
Jackson on Aug. 30 refused to issue an
order requested by the Federal Justice
Department to force the Greene
County School Board (Leakesville) to
rehire Ernestine Talbert, a Negro teach
er who alleged she was fired because of
voter registration activity.
Judge Cox said the Justice Depart
ment’s contention that she was fired be
cause of an affidavit in a voter suit filed
in adjoining George County (Lucedale)
was not shown in the evidence.
The Justice Department admitted that
the suit was a “test” in other scheduled
actions to restore jobs lost allegedly be
cause of voting activities.
Judge Cox said the suit would set
precedence in a court making a contract
and then enforcing it.
Policy Cited
The school board said the teacher’s
contract was not renewed because of
activity in litigation. It said that policy
affected any type litigation. Other Ne
groes, not involved in the George
County voter suit, testified they were
registered and voted and had remained
on the school faculty.
“There is an absolute dearth of testi
mony or evidence in this case to show
that the school board did anything, di
rectly or indirectly, in violation of any
civil rights of Ernestine Talbert, or any
other Negro anywhere,” Judge Cox
said. “The many facets of the case ap
pear as mere argumentative contentions
to the effect that the failure to rehire
this teacher had some incidental but di
rect effect on Negroes, registering and
voting in Greene county.”
He said “it is a universal rule that it
is not within the province of any court
to make a contract and then enforce it.”
“Broad Discretionary Powers”
“The broad discretionary powers are
conferred upon the superintendent of
education and upon the school board to
vouchsafe the employment of proper
and competent teachers,” the judge said.
“The superintendent was not obliged to
give anybody a reason, or even have a
reason under the statute, for refusing
to rehire this teacher.”
“Surely,” he added, “these school of
ficials could not employ any sort of
device in connection with the employ
ment of teachers to intimidate or coerce
or even discourage competent Negroes
from registering or voting.”
“There is nothing but tenuous infer
ences from circumstantial evidence even
tending to support the conclusions
relied on by the plaintiff,” he said.
“Civil rights simply played no part
whatsoever in either decision.”
John Doar, Justice Department at
torney of Washington, said “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
the Talbert woman for one reason—at
tempting to exercise her right to vote.”
The government contended that the
refusal to rehire the teacher after she
sought to register as a voter would dis
courage Negro registration.
Patterson’s Attitude
State Attorney General Joe Patterson
said that if the woman was upheld, the
way would be open for the other 7,000
Negro teachers to raise the same ques
tion.
“Everytime a Negro teacher was fired
for a legitimate cause, the board would
have a suit on its hands,” he said.
The teacher was working under a
one-year contract, which was not re
newed for the coming school year.
She taught in Greene County Voca
tional High school at Leakesville, but
lived at Lucedale in adjoining George
County where she sought to register as
a voter.
Efforts
VI
I
What They Say
Governor Promises
I
To Lead Efforts
Against ‘Submission’^
sch
In a speech at the Neshoba Counh^ 101
Fair at Philadelphia on Aug. 9, Gov ma
Ross Barnett said that “as governor, jed
will take the lead in fighting anyomses:
who advocates integration of the races; T
“As long as I am your governor, thdivi
executive department of your state wildese
never yield to the usurpation of tb W
federal courts ipprii
BARNETT
challenging voter
saying that praying
will be prohibifetrict
in our publi T1
schools,” he saiseho
“Today i ,112,(
the hopes of con T1
trolling electionfiave
the federal gov58,00
ernment has file
n u m e r o u
civil rights suit Co
in Mississippi. (Esegri
referred to sui825,0
registration lav To
charged as discriminatory against Nets es
groes.) D f E<
“They (federal government) hai^OO, '
made various threats to boycott Mi an d I
sissippi—yet we have not lost econom Th
cally—nor have we lost any chairman^e i
ships in the Congress. Augr
“We have many firsts, but I will te 2e ®f
you when we are going to be last—‘
are going to be last when it comes : 71 ° ut
submitting to leftwing theories—whf n
it comes to submitting to moderates ai’ roes
leftwing crackpots.” *’ ere
Schoolmen
Schools Open Term
With Continued
Full Segregation
Previi
Pircuj
>his,
or th
The
ution;
Public schools in Mississippi’s Murpl
districts opened in September for tlumm
1962-63 session still segregated. ine-yi
The anticipated enrollment was set
591,100 by the State Department of Edf a *d h
cation. By races, the projection wa
whites, 299,800; Negroes, 291,300.
That figures an increase of 5,971 ov Dr -
the official enrollment for the 196lJ u ™g
session of 585,129. it the
Figures on the 1961-62 enrollme^-ssis:
just compiled showed: whites, 297,0f° ntra '
Negroes, 288,089. he s u
>oard I
Increase Noted ion of
The 1961-62 enrollment was 13/ n ' v ® r
above that for the previous session. I r 0ulcl
increase was divided: whites, 6,000,
Negroes, 7,000.
Also revealed was the fact that
children dropped out of school
\ 2f U
Relai
CLU,
jlues ii
1961-62 session. There were 4,687
outs among white students, and 15' 1
Negroes quit school. j 0Q ^
“Our records show that none of t»| n ^
dropouts re-entered school during Lg ,.
year,” State Supt. J. M. Tubb said, eachin
The state education department h‘; ourt
also said that an additional 522 Wg
room teachers are projected for the ( iewec j
rollment increase. It calls for l9-i v
white and Negro teachers.
’ve ses
a the
Of the classroom teachers proje4 eJn ,
for the 1962-63 session, 11,153 imilar
whites, up 304, and 7,975 Negroes, an ? ; Se £ g
crease of 218. Dr. j
Additionally, 30,000 other school f t Mem
ployes return to work along with nd Yal
instructional personnel. They are s#
taries, bus drivers, janitors and mk
•°rn m
In the Colleges
'mh
Dr. Murphy Quits * eg .
Ole Miss; Joins p Q j
Missouri Faculty The R
J St. v
A University of Mississippi law s^ackson,
professor, long a target of segregate] tar';
ists, has resigned to become a full Jnuncilg
fessor of law at the University of '«s acce
souri. feach it
Dr. William P. Murphy quit a* 'g} le ^
Sept. 1. 'as atta
Opposition to Dr. Murphy steia’onists
from his admitted membership bearish, t
American Civil Liberties Union, Aneeting
He had taught constitutional la*'assi on c
labor law at the university since req Ues
(See MISSISSIPPI, Page 3)