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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)