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PAGE 6— NOVEMBER. 1962—SOUTHERN SCHOOL NEWS TENNESSEE Pupil Transfer Provisions Face Review By U. S. Supreme Court (Continued From Page 1) court, the Davidson County system will desegregate an additional grade each year—keeping pace with the Nashville city school system. (The systems are being merged under a metropolitan government plan.) Counsel for the Davidson Countv school board, in a bnef. asked the Su preme Court to refuse a heading on the Neg-oes’ anpeal and. in effect, to let the appeals court ruling stand. The brief said the plan was shown bv exoerience to be workable and that lower federal courts had retained iuHs- diction to insure that it is not used to deprive anyone of a constitutional right. ‘Results of Concentration’ In a similar brief, the Knoxville board said school officials “cannot avoid deal ing with the results of concentration of Neoroes in one place and whites in another.” Tke bnef added: “Wken a tmoil makes a voluntarv aDnMcation for transfer in the interest of b°tter schooling atmosohere for him self. the board is obi''gated to helo h ; m out. The transfer of that child, whethe- white or black, is not in itself a racial denial of another child’s application. ..” Avon N. Williams Jr. of Nashville attorney for Negro students in both cases, said the anneals court decisions were annealed after the TT S Fifth Cir cuit Court of Anneals had ruled that a similar nunil transfer Han in Texas w"s unconstitutional- He also said the TJ ^ Fourth Circuit Court of Anneals had stmek down a similar transfer plan in Virginia. Conflicting Rulings “We have pointed out to the Supreme Court the conflict in the nil-'nes bv the circuit appeals court,” Williams said He added: “The transfer provision is unconstitu tional in the fir=t place because it pred icates the right to attend a certain school on the basis of the race of th° child. The plan is d ; scr 5 minatorv also because it reauires children who are m the maiority in the school district or classroom to remain there once thev have been assigned wh : le it grants mi nority children a transfer.” Williams contended that the racial basis for transfers is “a denial of equal protection under the law.” Transfer provisions in both plans es sentially are the same as the Nashville plan which has served as a model in many other cities. U S. District Court at Nashville annroved the Na c hvi]le plan in 1957. The U.S. Sixth Circuit Court of Appeals upheld it in 1959 and later that same year the Supreme Court, by a vote of six to three al lowed the appeals court ruling to stand by refusing to review the case. Political Activity Beverly Briley was elected mayor of the consolidated Nashville and Davidson County metropolitan government Nov. 6, defeating a candidate backed by the Davidson County Independent Political Council, a Negro “solidarity” organiza tion. Briley, who has been county judge since 1950, defeated Metropolitan Tax Assessor Clifford Allen 58,333 to 34,466 Allen carried various precincts heavily populated by Negroes. The council’s endorsement of Allen came on Oct. 11 during a meeting at Fisk University. A representative of Briley, attorney Clay Bailey, contended that Allen in previous years had ex pressed a preference for school segre gation. Bailey contended that Allen, as an unsuccessful candidate for governor in 1958, had declared in Chattanooga that he favored separate but equal facilities. The attorney said Allen had made a similar statement in Crossville in 1954 when he appeared in behalf of the candidacy of former Gov. Gordon Browning. Attorney Avon N. Williams Jr., who has served as Negro counsel in name .-- ous school desegregation cases, presided over the meeting. The metropolitan mayor and a 40- Tennessee Highlights Pupil transfer provisions in the Davidson County and Knoxville de segregation plans face a review by the U.S. Supreme Court. Three Negroes have been enrolled by Christian Brothers College at Memphis. The director of Potomac Institute, Harold C. Fleming, predicted in Chattanooga on Oct. 11 that James Meredith will “finish his course” at the University of Mississippi. Robert Patterson of Greenwood, Miss., Citizens’ Councils of America executive secretary, told the Jackson, Tenn., Citizens’ Council on Oct. 16 that “we have just begun to fight the integration movement.” Beverly Briley was elected mayor of the new Nashville-Davidson County metropolitan government by a 24,- 000-vote plurality over Clifford Allen, who had the endorsement of the Da vidson County Independent Political Council, an organization seeking vot ing solidarity among Negroes. What They Say Fleming Foresees Ole Miss Degree For Negro Student Harold C. Fleming, director of Po tomac Institute, told the Tennessee Conference on Human Relations at Chattanooga on Oct. 11 that “it is quite clear that (James) Meredith will finish his course” at the University of Missis sippi. “If he doesn’t, someone else will,” Fleming told the statewide group. Fleming said minority groups must make themselves hea r d throughout the nation if equal opportunities a e to be reflected by positive action. He said equal opportunities in education and other fields now are achievable by law but not in reality. More than 135 persons attended the meeting which also included presenta tion of reports on the status of desegre gation in schools and other facilities throughout the state. ‘Just Begun to Fight,’ Council Leader Says Robert Patterson of Greenwood, Miss., executive secretary of the Citi zens’ Councils of America, said in Jack- son, Tenn., on Oct. 16 that “the dark member council will assume thei duties next April when the consolidated government charter becomes effective The council will have at least four Ne gro members, and another Negro wil compete against a white candidate in runoff election Nov. 27. Nashville’s present mayor, Ben West, was not a candidate for the metro politan mayor’s post. A transitional school board already has been named to make plans for combining the city and county school systems, both of which have desegre gated the first six grades in compliance with federal court orders. An additional grade is scheduled to be desegregated each year. cloud now hanging over Mississippi has a silver lining.” Patterson, who also heads the Missis sippi Citizens Council, told about 250 persons attending a meeting of the Jackson Citizens Council: “We would like to serve warning to the ruthless politicians that we have just begun to fight the integration movement.” Patterson said that President Ken nedy has “lost many white Southern votes by sending troops into Missis sippi” and declared: “Not in the . . . Sack’ “The South is not in the Democratic sack anymore. ... In my opinion the Republican Party may be in a position to get the South’s vote if they want it (in 1964).” Patterson also said that, contrary to “prevailing opinion,” the University of Mississippi “is not an integrated school.” He added: “James Howard Meredith is the most segregated Negro in the Unit ed States. He is virtually a prisoner at the university.” “We plan to resist the movement to integrate the schools by utilizing both the political and economic power of the South,” Patterson continued, “our peo ple are more against the movement than ever before.” ★ ★ * Section of Proposed Charter Is Debated J. A. Beauchamp, editor of the Mem phis World, on Oct. 18 urged members of the Hyde Park-Hollywood Civic League to support the proposed Mem- phis-Shelby County consolidated gov ernment charter because of its anti- discrimination clause. In a referendum held on Nov. 6, the proposal was defeated by about two to one but advocates promised to try again with a revised charter. They noted tha two attempts were required befor “metro” succeeded in Nashville and Da vidson County. The Negro editor said the charter in cludes a section “equivalent in loca government to the 14th and 15th Amendments to the Federal Constitu tion.” Dr. J. W. Jordan, a dentist, con tended that the anti-discrimination clause could be ignored and said the charter would give Negroes less in fluence than they now have in local government. A member of the audience asked Beauchamp why the National Associa tion for the Advancement of Colored People was opposing the charter if it favored Negro rights. “Doesn’t prove a thin?.” Beauchamp replied. “So is the White Citizens Council against it.” In the Colleges Catholic College Enrolls 3 Negroes Christian Brothers College at Mem phis has enrolled three Negro fresh men among its 728 undergraduate students, Brother Levian Thomas, dean, announced early in October. The students, all residents of Mem phis, were admitted under the college’s policy of accepting Negro applications for enrollment. After Memphis State University was desegregated in 1959, the CBC board of trustees adopted the policy. In I960, one Negro student was enrolled but there were no applications by Negroes in 1961. Brother Thomas said the three Negro students are en-oiled in pre-pharmacy and engineering courses and “there has been absolutely no problem in their acceptance by the other students in the college.” Miscellaneous Citizens’ Council Disclaims Kasper Lewis Frazer, president of the Nash ville Citizens’ Council, issued a state ment on Oct. 3 declaring that John Kasper, segregation leader during de segregation of Nashville schools in 1957, is not affiliated with his organiza tion. “John Kasper is not now, has never been, nor ever will be a member of the Negro Voters Group Endorses Candidate in Metro Elections BRILEY ALLEN Texas (Continued From Page 3) increased from 2,920 to 3,282 and lack of dormitory space kept enrollment from going higher. At Texas Southern University (Houston), enrollment grew from 3,292 to 3,517. Schoolmen Biracial Schools Revealed By Six More Districts Six more Texas public school districts were revealed to have admitted Ne groes with white students this fall, and two others made plans to do so in Sep tember, 1963. Reports to Texas Education Agency revealed deseg egation, apparently for the first time, at Patton Springs ISD, Dickens County, which had 181 white and no Negro students last year; Dell City, Hudspeth County, 301 white and no Negroes last year; Winters, Runnels County, 1,048 white and 10 Negroes last year; Meadow, Terry County, 341 white and no Negroes last year; Quitaque, Briscoe County, 256 white and 15 Ne groes last year; and Los Fresnos, Cam eron County, 1,092 white and no-Ne groes last year. The deseg egation at Quitaque was a recent election. Reports to the edu cation agency did not describe what action preceded the other desegrega tion. Apparently, these districts abol ished segregation policies by board or der before 1957, when the legislature passed a law requiring referendum ap proval. Northeast Houston ISD agreed, be- fo~e going to trial in a U.S. District Court in Houston, to begin desegrega tion in September, 1963, on a grade-a- year basis starting in elementary schools. A lawsuit (Eastland v. Wheat) was filed by Negro patrons of the dis trict in October, 1961. Northeast Hous ton ISD, in a suburb of Houston, has 8,669 white and 116 Negro pupils this year. Desegregation Planned Schools in Brownfield, Terry County, will drop segregation also next fall, as approved in a recent election. The dis trict had 3,138 white and 171 Negro students last year. Desegregation is planned for the junior and senior high school only the first year. A Negro lieutenant of the U.S. Navy revealed that segregation remains in some schools at Flour Bluff, Nueces County, near Corpus Christi, although the district admitted Negroes to white junior and senior high schools as early as 1956. Twenty-five Negroes living in the Flour Bluff district are being trans ferred to elementary schools in Corpus Christi, another desegregated district. Lt. Theodis Dillard said, however, that Corpus Christi authorities said his children would be admitted only to an all-Negro school. The military man said he had been Legal Action treated politely by everybody consul^ about the situation, but he felt that 1 two children should be allowed to j. tend schools in Flour Bluff distfi where they live. Lt. Dillard, a native of Arkansas, j with the U.S. Naval Air Station ; Corpus Christi. He expects to leave f t another assignment in January. Dilla, said he attempted to rent a house j Corpus Christi in an area where 1 could associate with Navy persona, and others of “my position and ineonis but was turned down at three differ® locations because his family is Negro Latest figures show that 172 Tex; school districts have abolished segreg; tion, in whole or partly, of 890 distrie having scholastics of both races. In j| Texas has 1,460 school districts, ; fewer than last year. Enrollment is e timated to be about 70,000 higher tha last year’s 2,192,911 (1,892,044 whit; and 300,867 Negroes). g« ins dei adi rac Sc li G. F< D tenc of h a i Spot Check A spot check of Southern Scho* News indicated that about 6,500 Ns groes actually attend class with wH; students in Texas public schools this fa an increase of perhans 1.500 o-*e* la- year. Exact numbers in mixed schoo are impossible to determine f • om *e* ords available. In some places, notsK San Antonio, a few non-Negroes a tend formerly all-Negro schools a: these are not included in the estima! of 6 500 desegregated Negroes. San Antonio has an estimated 23 Negroes attending formerly whi schools. El Paso reports that all II of its Negro pUDils are desegregate: with 52 258 whites, but each atteic the school in his home district. A stii stantial number of Corpus Ch-isti’s 1! Negro scholastics attend school wit whites. pro' tuiti F< vate whii we: have Other districts where desegregate is the most advanced (usually in rate of 20 or more whites per Negro e: rolled) include Austin 400, Victoria 31 San Angelo 140, and Galveston 85. A these are increases over 1961-1962. A except San Angelo are operatin'* t gradual desegregation plans. The Wt Texas city made the change in a sing move several years ago. on. wei appr gi v appr appr tionr Gr parti gia hunc rulin Th open ment are c to pr schoc Se\ prov< state. Miscellaneous R. of e Healt ment’ feder; Teaching Hospital Names Negro Chief Dr. Robert L. M. Hilliard is said be the first Negro ever employed chief resident of a major U.S. teach- hospital. He became chief resident the obstetrics-gynecology department Robert B. Green Hospital in San At tonio on Oct. 1. It is a public charity hospital ( erated by the county, with 330 for regular hospital patients and ernmi South erties leave tend < regate Edu one s< worri< can s They tion p nancia 13 par systeir would for geriatrics and long-term cases. Hilliard grew up in San Antonio, tended Howard University and the y versity of Texas Medical School Galveston, graduating in 1956. » c, ortu Nt e g Hall One Longview Case Dropped; Another Remains in Effect A federal court suit attacking segre gation in the Longview public schools was dropped without explanation by Thomas Liase, the plaintiff. But a state court case with the same objective, and attacking the state law requiring ref erendum approval before desegrega tion, remained in effect (Adams v. Longview ISD, SSN, October). The Houston Informer, Negro news paper, reported regarding withdrawal of the Liase suit: “The recent outburst of death and violence at The University of Missis sippi was blamed by some observers (at Tyler) for a 17-year-old Negro’s Citizens’ Council,” Frazer said. “The local Citizens’ Council is a group of upstanding Nashvillians dedicated to the motto of the nationwide Citizens’ Councils of America: ‘States Rights and Racial Integrity.’ ” Frazer said he issued the statement because Kasper had been identified in a newspaper story as a leader in the organization. Kasper, a native of New Jersey, was sentenced to prison for his role in dis turbances connected with school deseg regation in Nashville and earlier at Clinton. # # # withdrawal of his federal suit admission to Longview’s all-white school . . .” Anti- f Us Pem but a 5 ec. white , The e arlv + Ifi! Vers, ■Me, % grai e ha ★ ★ ★ The U.S. Fifth Circuit Court peals heard another argument CO jj ing desegregation of Houstons F, schools. The district started S ra u year desegregation in September. ^ by federal court order, involving ^ first graders (Ross v. Rogers, SS * I tember, 1980, and subsequent). J The latest court question : the Houston board’s transfer P°7j e f desegregation, particularly a quiring all members of the 1 (. 0latt < Ss •flu. Vet, "hssi, : ion 4 Lining cm mcmwcio ^ attend the same school. Weldon ^ ^ attorney for Negro plaintiffs. S V* restriction on the number of P U P have the option to attend d eses ^j schools is completely arbitrary rational.” r( j I* 1 Joe H. Reynolds, school boa ^ yer, noted that the brother-sis , fer limitation had been in ® ^ > more than 50 years in Ho ^ “has nothing to do with the P jir desegregation.” A U.S. dis last January agreed that tn ^ valid. Houston has 58 NeS r ° g* ing school with whites in t ^ ' thJv 4 V: 2? ar ^ r g>a. JVir, lH Vl or : v Vor th.