Newspaper Page Text
SOUTHERN SCHOOL NEWS—SEPTEMBER, 1962—PAGE 7
Louisiana
jjr-
(Continued From Page 6)
8 time to study the full impact of the
| school board long-range plan.
The matter was left up to review of
the appeals court and on Aug. 28 the
three-judge court decided to permit the
school board to place 127 Negroes in 21
previously all-white schools and to con
vert the McDonogh 19, Rogers and
Benjamin schools to Negro use. This is
the 1962-63 program.
The 6 Negroes who attended Mc
Donogh 19 and Benjamin last year will
be permitted to transfer to another
school if they wish to remain in de
segregated situations. Rogers was for
whites last year.
What The Court Said
Here is what the court said as the
issues were resolved:
“The action of the board in adopting
detailed plans for submission to the dis
trict court represents a forward step in
the proper direction of recognizing local
< responsibility for preparing desegrega
tion plans and putting such plans into
effect. We observe again that desegrega
tion procedures, within reasonable
' as 1 limits, must be flexible in order to fit
e do; local needs and new situations as they
arise and present problems. Here, as in
Augustus v. Board of Public Instruction
whi c ' °f Escambia County, 5 Cir., 1962, F.2d,
c we say that the primary responsibility
£ or Tor judicial supervision lies in the dis-
‘ trict court. It is the tribunal best quali-
, fled to wrestle with the specifics.
“The long range plan is not to take
effect until September of 1963. And, the
board’s plans for the scholastic year
1963-64 are identical with the orders
irt h! 0 ^ the district court and this court. The
suggested modification is not to take
effect until Sept. 1964. In the meanwhile,
the board has directed the superinten
dent of schools to prepare, by Dec. 1,
1962, a detailed study of ways and
Rose means abolishing the presently exist-
atj^ing bi-racial [separate] school zones
oo 2 s jin the parish of Orleans. Until the board
t beii an< * * ts superintendent have had an op-
>nt 1j Portunity to complete such a study and
until there has been a hearing before
hrou^ke district court with full opportunity
wou^ or plaintiffs’ attorney to oppose this
se co[i° n S range plan, it is premature for this
tem i cou ri to consider the proposal.
. . The substance of the transi-
■ then t' ona ry plan is in accord with the lan-
-egate guage and spirit of the opinion of this
Red i cou rt of August 6. The attorneys for the
appellants approved the proposal, with-
g bas out qualification, and the district court
igs ai^ as approved it, subject to orders of this
out P court -
be rs
»1 yea
>gh 1
excej
Negi
d, chi
■ho la
ned (
:he ft
grad
Primary Purpose
“The primary purpose of the recom
mended modification of this court’s
w 1k order is to alleviate overcrowding in
olisht Negro schools.
“wh ‘This is to be accomplished, in good
d win part, by converting McDonogh 19,
at wi Judah P. Benjamin and William O.
Rogers schools into Negro schools.
State Officials Charged
With Contempt of Court
Federal contempt citations were serv
ed in August on 13 state education of
ficials for their failure to desegregate
Sowela Vocational-Technical school at
Lake Charles, one of six state trade
schools under “all deliberate speed”
orders of the federal courts.
President William Dodd of the educa
tion board, former lieutenant governor
of Louisiana, State Education Supt.
Shelby M. Jackson, and Rex H. Smelser,
lirector of the Sowela school, were
subpoenaed along with all members of
the state board of education.
It was the first time individual mem
bers of the board had been served per
sonally during Louisiana’s long deseg
regation fights in the federal courts.
Both civil and criminal contempt
actions have been brought against the
officials. They are ordered not only to
desegregate the trade school but to say
why they did not do it earlier.
Order Came in 1960
Sowela is under a May, 1960, order
to desegregate with all deliberate
speed (Angel et al v. State Board of
Education). The decision was upheld by
the U.S. Fifth Circuit Court of Appeals
and on Oct. 9, 1961, the Supreme Court
refused to review it.
Five other trade school cases have
moved along through the courts as
parallel attacks against trade school de
segregation but only the Sowela school
is named in the contempt action, re
quested by the Justice Department.
In mid-August, Attorney General
Jack P. F. Gremillion filed six motions
in behalf of the defendants in the
Sowela action.
The technical motions included one
to dismiss the case on grounds that the
federal government had failed to state
a claim upon which relief can be
granted.
★ ★ ★
Tulane Admission Case
Taken Under Advisement
U.S. District Judge Frank B. Ellis
took under advisement Aug. 20 the case
in which two Negro women seek ad
mission to Tulane University at New
Orleans. He said he probably would not
rule until October.
The petitioners for admission—Bar
bara Marie Guillory and Pearlie Hardin
Elloise—contend through attorney John
P. Nelson Jr. that Tulane comes under
the provisions of the 14th Amendment
because of its long-standing connections
with the state.
The two Negroes were ordered ad
mitted to the university in a summary
judgement issued by Judge J. Skelly
Miscellaneous
At School Door in Baton Rouge
The Rev. Arthur T. Jelks (left), local NAACP president, led group of Negroes who
unsuccessfully sought admission to Baton Rouge Junior High School. Principal
R. L. Smith (center) said they could not be enrolled.
Wright but his replacement on the dis
trict court bench at New Orleans, Judge
Ellis, granted the hearing on the merits.
Tulane began in 1884 as a successor to
the University of Louisiana, state-sup
ported institution. Testimony developed
at the hearing pointed up that Tulane
gets $164,376 a year now from property
transferred to it from the University of
Louisiana.
Public Institution?
Plaintiffs said that Tulane is a con
tinuation of a public institution and
there is further evidence of this fact in
that three public officials serve on its
board of administrators.
Tulane said earlier it is willing to ad
mit Negroes. But, said university of
ficials, it is restricted by the donations
of Paul Tulane, a founder, and Mrs.
Josephine Newcomb. Both benefactors
said the school should be limited to
white students.
Joseph M. Jones, president of the
university board, said he attaches little
significance to the fact that the univer
sity is recognized by a provision in the
Louisiana constitution.
He said that he considers the Uni
versity of Louisiana only a “part of the
university’s ancestral history” and be
lieves that in 1884 a new and private
school—which is now Tulane—was
established.
William J. Dodd, president of the
State Board of Education, said the board
exercises no control over Tulane,
though it does over all other institu
tions of higher education with the ex
ception of Louisiana State university.
What They Say
Report on Schools
Notes Survivals
In Critical Times
Orleans Parish school board presi
dent Theodore H. Shepard and School
Supt. O. Perry Walker submitted their
annual report on schools to the board
Aug. 29 and it bore this note:
“Our schools have survived four wars,
Reconstruction, the depression, floods,
epidemics and other crises. In this re
port, we have not detailed the difficul
ties encountered in carrying out any
court orders to desegregate the schools.
“Suffice it to say that in 1961-62, we
had a peaceful and productive school
year with 12 Negro pupils attending six
formerly all-white elementary schools.
This fall we will have 115 more Negro
pupils attending 21 formerly all-white
schools.
“Extensive preparations have been
made to assure a smooth and successful
school year.”
★ ★ ★
Attorney General Jack P. F. Gremil
lion, at the center of the stage in much
of Louisiana’s unsuccessful fight to pre
vent school desegregation, said he is
seriously thinking about running for
governor on a “conservative, good gov
ernment ticket.” # # #
The board avers that as a result of
this conversion, plus the completion of
nmi# construction projects during 1962-63,
iee P i approximately 5,000 Negro students will
on * be taken off the platoon system. In
'as S addition, the size of classes in 19 Negro
Dei» schools will be reduced.
lon i Any child, without regard to race,
V . 0I R ™ ho attended McDonogh 19, William O.
. ? , ogers ’ or Judah P. Benjamin schools in
jisiaff the scholastic year 1961-62 may attend
either the white school or the Negro
™ i* 1 his residence district. Negro
j 1 w f *b en W L° registered at these schools
c , . or . “* e year 1962-63 will be within the
i "r TiT racial ^tem for the year 1963-64.
1 a l this was a reference to the 116 Ne-
egre. groes who applied to these schools.]
Wa£ «t
at n Vlew °f the agreement by the
• me oq 1 " *f S anc * t^ e approval of the district
e b* . . Ur board’s transitionary plan,
t ~T ragra Ph five of the order of this court
aS 1 nf a '- ,i wtc uxuci ux uus cuiu l
rmteo rua U ®' 1962, is herewith modified to
iese£ rrmt ; *^ le Orleans parish school board
•j- p;. such changes in the adminis-
DuiT?p tl0n of McDonogh 19, William O.
as an< ^ lodah P. Benjamin schools
n e 2° V ’ 1 ^ necessary or proper in order
of t;„ Carry out the provisions of its transi-
„j “onary pl an .”
Later Transfers
in ft in^its C ? Urt ma de no further reference
hdr 3 'three U f' 28 decision to paragraph
ol b' the 0t ltS A ' ug ' 6 decision. This was
„p it i a tp-J? aragra Ph which provided for
grad transfers °t second- and third-
move during the school year, a
school WlUC ^ wou ld open up additional
Q V le; s to desegregation if followed.
s an® would Sen v ly the only Negroes who
26 ^school u 6 P erm itted under Orleans
J. J^and +v Plans to attend the second
r to sc ). , lrd grades of formerly all-white
2-6®Cnoverf wou ld be the 12 Negroes who
,r $ deseer UP , c * ur * n g the first two years of
negation.
Dn
,ddre
Over 4,000 Ask for Tuition Grants
Negro parents and the parents of
children attending the most exclusive
all-white private schools in New Or
leans were among the more than 4,000
applicants for state tuition grants under
the revised grants-in-aid program
established by the 1962 Legislature.
State Sen. E. W. Gravolet Jr. of
Pointe a la Hache, chairman of the
commission, told Southern School
News he expects more than 5,000 ap
plications for grants under the “freedom
of choice” plan whereby $360-a-year
tuition grants are paid to parents pre
ferring to send their children to private
schools.
He said that the applications through
August included those of Negro parents
who send their children to a private
Negro school in New Orleans and he
added: “These applications will be
processed like all others. If they are en
titled to the grants they will get them.”
Gravolet’s estimate of the number of
applicants was more than twice the
total he predicted in an interview Aug.
10. He said additional applications had
to be printed to keep up with the de
mand.
The commission he heads was created
by the Legislature as an agency sep
arate from state department of educa
tion. Its sole function is to receive
applications for tuition grants and to
pay them to students enrolled in pri
vate, nonsectarian schools. Previously
the grants were intended only for non
profit schools, but the 1962 Legislature
eliminated this restriction.
Gravolet said no grants would be ap
proved until mid-September. He said
the commission’s limited personnel
could not process them any more
rapidly, though most schools began in
the first week of September.
Parents of children attending the
most expensive private schools of New
Orleans were among the applicants. The
schools included Isidore Newman, Rug
by Academy and Ecole Classique.
Gravolet said such applications are
being processed along with all others,
including those from parents who at
tended the Ninth Ward Private School,
only school in the state last year with
grants-in-aid pupils.
Ninth Ward School
The Ninth Ward school was the pio
neer school under the tuition grant plan.
It was established as a segregated pri
vate school to house the children of
parents who boycotted the first two
public schools desegregated in New Or
leans in November of 1960.
Gravolet said that at least seven other
co-operative schools would be operat
ing during the coming school year.
The Financial Assistance Commis
sion’s acting director, James Fountain,
said the commission received applica
tions also from four church schools in
the New Orleans area, which he de
scribed as borderline cases.
He said parents plan to form a corpo
ration, lease the school from the church,
and divest the school of all church con
trol in order to qualify for the grants.
Gravolet said that one of the church
schools which applicants wish to attend
is the Mid-City Baptist School of New
Orleans, which operates a large elemen
tary and high school, portions of which
were recently completed.
The chairman said he did not believe
there to be any early applications from
parents whose children attend the giant
Catholic school system of New Orleans
or the surrounding area, where de
segregation is an immediate issue. But
Negroes previously had questioned
whether the grants would be constitu
tional if limited to “nonsectarian”
schools.
Vote in November
The grants commission will have
$3,200,000 from sales tax revenues dur
ing the coming year, enough for 9,000
grants. Under a constitutional amend
ment to be voted on in November, the
commission would have authority to
fund its $250,000 a month in sales tax
receipts and float bonds up to $20 mil
lion for tuitions.
Though the principal number of ap
plicants are from New Orleans and
vicinity, the grants-in-aid funds are for
statewide use and the commission said
that parents of children attending a pri
vate school in Baton Rouge have also
filed for tuition. The school is the
Foundation school, a co-operative ven
ture which opened last year.
Two church-affiliated schools in Lake
Charles also are listed on other applica
tions.
WEST VIRGINIA
Schools T o Drop
Race Questions
On Applications
CHARLESTON
T he 11 STATE-operated colleges
and universities in West Vir
ginia will remove all questions
dealing with race and religion
from their application forms, the
State Human Rights Commission
was told Aug. 28.
Executive Director Howard W. Mc
Kinney of the commission said most
college presidents felt the questions
“had not been used in any discrimina
tory manner.”
“It should also be stressed again,”
McKinney said, “that we never had any
information or complaint that would
lead us to believe that any state school
was using such information in a dis
criminatory manner.”
The matter came up at a commission
meeting as part of a report the com
mission directed McKinney to prepare
on types of questions about race and
religion the colleges were asking.
McKinney found that five schools
have been asking for religious affilia
tion and four have asked questions of
race. One in the latter category,
Potomac State, also asked for a stu
dent’s nationality.
Four Asked Photos
At least four schools, McKinney said,
requested photographs.
The West Virginia School for Deaf
and Blind at Romney asked a question
as to parental church preference. Mc
Kinney told the commission with re
spect to this latter query:
“While there is little danger of this
question being misunderstood, they
have agreed to delete it from the appli
cation form and ask it at another time.”
McKinney said West Virginia Univer
sity has been among those asking for
religious affiliation but has marked the
question optional. WVU sources also
said there probably were some old
forms on hand which asked about
race.
A Potomac State official informed the
commission director that the school had
a fair-sized supply of forms on hand
but changes would be made with re
spect to questions about race, religion
and nationality “when a new supply is
printed.”
★ ★ ★
Segregated College Sees
Largest Registration
Morris Harvey College at Charleston,
only segregated four-year institution of
higher learning in West Virginia, will
have the largest freshman class in the
74 years of its existence when registra
tion for first-year students begins on
Sept. 10.
In making this announcement, Wil
liam J. Briggs, director of freshman
admissions, said 460 freshmen so far
have filed applications for the fall term
which begins Sept. 13.
No figures or estimates were yet
available at the State Board of Educa
tion office on Aug. 29 as to the outlook
for enrollment at state colleges and
universities this fall. All of these in
stitutions are desegregated.
From Wide Area
Students from throughout West Vir
ginia, 13 states and five foreign coun
tries have been admitted to the in
coming Morris Harvey freshman class.
The 14 states are New Jersey, Pennsyl
vania, New York, Connecticut, Ohio,
Virginia, Florida, Massachusetts, Mary
land, California, Texas, New Hampshire
and Kentucky.
The five foreign countries are Iran,
Bolivia, Canada, Cyprus and Tunisia.
Briggs said the incoming class will
have a higher academic standing than
any previous entering class. Dormitory
space was already filled, but Briggs
said there still was space for com
muting students.
Legal Action
Briefs Due Oct. 1
In Raleigh Case
The school desegregation proceeding
by the National Association for the
Advancement of Colored People against
the Raleigh County Board of Education
will not get a courtroom airing until
sometime after Oct. 1.
Following a conference with oppos-
(See WEST VIRGINIA, Page 9)