Newspaper Page Text
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Factual
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Southern School News
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Objective
VOL. 9, NO. 12, PART I
NASHVILLE, TENNESSEE
Segregation-Desegregation Status
School Districts
With Negroes
Enrollment
In Desegregated
Districts
Negroes
In Schools
With Whites
Total
& Whites
Deseg.
White
Negro
White
Negro
No.
Alabama
114
114
0
527,075
280,212
0
0
0
Arkansas
416
228
12
331,552
117,064
58,993
13,801
247
.211
Delaware
87
35
87
73,769
16,992
61,470
11,769
9,498
55.9
Dist. of Columbia
1
1
1
22,141
110,759
22,141
110,759
87,749
79.2
Florida
67
67
10
956,423
227,291
559,832
104,322
1,551
.673
Georgia
198
182
1
662,244
325,141
58,418*
52,212*
44
.013
Kentucky
205
166
150
610,000*
45,000*
446,000*
36,382*
24,346
54.1
Louisiana
67
67
1
458,270*
301,720*
38,538
59,009
107
.035
Maryland
24
23
23
514,313**
153,215**
509,489*
153,215*
69,147
45.1
Mississippi
150
150
0
300,000*
290,000*
0
0
0
Missouri
1,607
213*
203*
767,620*
90,000*
255,000*
80,000*
35,000*
38.8
North Carolina
173
173
18
800,289
341.352
171,311
84,185
879
.257
Oklahoma
1,180
241
196
515,200*
44,800*
316,441*
34,495*
10,557*
23.6
South Carolina
108
108
0
365,340*
265,288*
0
0
0
Tennessee
154
143
26
670,387*
159,299*
295,656
96,235
1,810
1.1
Texas
1,461
919
177
1,951,613*
303,980*
1,200,000*
130,000*
7,000*
2.3
Virginia
130
128
31
704,725*
229,105*
360,000*
105,000*
1,230*
.532
West Virginia
55
43
43
412,878*
25,250*
412,878
25,250
15.500*
61.4
TOTALS
6,197
3,001
979
10,643,839
3,326,398
4,766,167
1,096,634
264,665
7.9
* Estimated.
** Official total; racial breakdown estimated.
t Proportion of Negroes in schools with whites to total Negro enrollment
SPRING SUR
JUNE, 1963
9,298 More' Negroes
In Biracial Schools
TENNESSEE
U. S. Supreme Court Overrules
Race-Based Pupil Transfers
NASHVILLE
T'he U.S. Supreme Court on
June 3 struck down pupil-
transfer provisions in the gradual
desegregation plans of Davidson
County and Knoxville.
In a case described by lawyers for
both sides as “tremendously signifi
cant,” the high tribunal ruled that the
transfer provisions were based on race
and violated the 14th Amendment to
the U.S. Constitution.
It is readily apparent that the trans
fer system proposed lends itself to the
perpetuation of segregation,” the court
said in its opinion,” indeed, the pro
visions can work only toward that
end.”
The high court’s decision had been
awaited by school officials and Negro
Pain tiffs in the Davidson County and
Knoxville cases as well as by school
authorities in other Southern districts
„ ere similar provisions now are in
effect
or were under study for pos-
s >ble future use.
Reversed Appeals Court
th^r R? decision, the court reversed
a . e plSixth Circuit Court of Appeals
which had approved the
th P 6r P rov I s ! on s and directed that
Cou C ? Ses (.Maxwell et al v. Davidson
et rd ^ B° ar d of Education and Goss
Knoxuiile Board of Education)
furtbthe district courts for
sent;,? 1 P rocee dings. There was no dis-
tm S opinion.
The court upheld the position of Ne
gro petitioners and the civil rights di
vision of the U.S. Justice Department
which had intervened in the case as
“friends of the court.” The cases had
been under advisement since argu
ments were heard on March 21. (SSN,
April).
In its opinion, the court did not re
ject the grade-a-year desegregation
plans under way in both school dis
tricts.
‘One-Way Ticket’
The court’s opinion, in part:
“While transfers are available to
those who choose to attend school
where their race is in the majority,
there is no provision whereby a stu
dent might transfer upon request to a
school where his race is in a minority,
unless he qualifies for a ‘good cause’
transfer.
“As the superintendent of Davidson
County schools put it, the effect of the
racial transfer plan was ‘to permit a
child (or his parent) to choose segre
gation outside of his zone but not to
choose integration outside of his zone.’
“Here the right of transfer, which
operates solely on the basis of a ra
cial classification, is a one-way ticket
leading to but one destination, i.e., the
majority race of the transferees and
continued segregation.”
The decision, read by Justice Tom
Clark, also noted the claim that trans
fers are invalid because they “tend to
perpetuate the pre-existing racially
segregated schools.”
Justice Clark said the transfer pro
visions conflict with decisions in the
Brown case.
The “crucial provision,” the opinion
continued, is included in the part of
the Knoxville plan which states that
transfers are permitted “when a white
student who otherwise would be re
quired to attend a school serving col
ored students only or when a colored
student would otherwise be required
to attend a school previously serving
white students only or when a student
would otherwise be required to attend
a school where the majority of stu
dents of that school or in his or her
grade are of a different race.”
The opinion continued:
“We note that if the transfer pro
visions were made available to all
students regardless of their race and
regardless as well of the racial com
position of the school to which he re
quested transfer we would then have
an entirely different case. Pupils could
(See SUPREME COURT, Page 8)
"IVT EGROES ATTENDING public
J * schools with white children
had increased by 9,298 this spring
over the number reported last
fall in the 17 Southern and bor
der states and the District of Co
lumbia.
The increase represents about one-
tenth of one per cent of the total Negro
enrollment. A survey by Southern
School News indicated that 7.9 per cent
of the Negro pupils in the area were in
biracial schools at the end of the 1962-
63 academic year, compared with 7.8
per cent shortly after the term began
last September.
A year ago, 7.6 per cent of the Negro
enrollment shared classes with whites.
The first such survey by SSN in May,
1960, showed 6 per cent, and the per
centage was 6.9 in May, 1961.
SSN’s 18 correspondents reported a
total of 264,655 Negroes in puplic ele
mentary and high schools with white
pupils last month. The area had 3,326,398
Negro pupils—making up about 24 per
cent of the enrollment in 6,197 public-
school districts.
Biracial Districts
However, only 3,001—fewer than half
—of these districts had both races in
their school populations, and of this
number 979 were reported desegregated.
These desegregated districts had 5,862,-
801 public-school children, of whom
1,096,634 were Negroes. Of these Ne
groes in districts with biracial schools,
23 per cent were in with whites, com
pared with 23.9 per cent last fall and
26.9 per cent in May of last year.
Because of consolidations, the number
of districts continued to decrease—by
32 in the past six months and by 171 in
the past year. But the number of deseg
regated districts rose by seven since
last autumn and by 67 since last spring.
About 15.8 per cent of all public
schools districts in the 17 states and
D.C. now are listed as desegregated,
in practice. In districts with both Ne
groes and whites of school age, 32.6 per
cent were desegregated in practice or
in principle.
The District of Columbia and six
border states—Delaware, Kentucky,
Maryland, Missouri, Oklahoma and
West Virginia—had 95.1 per cent of all
the Negroes reported in schools with
whites throughout the region. They had
a combined Negro enrollment of 486,
016, which was 14.6 per cent of the re
gionwide Negro enrollment, and 251,797
of this number shared classrooms with
white children.
The remaining 12,868 Negroes attend
ing biracial public schools lived in Ark
ansas , Florida, Georgia, Louisiana,
North Carolina, Tennessee, Texas and
Virginia, whose combined Negro enroll
ment was 2,004,952. No public element
ary or high schools were desegregated
in Alabama, Mississippi or South Car
olina.
Additional Distiicts
Of the seven school districts reported
desegregated since publication of the
November, 1962, Statistical Summary
by Southern Education Reporting Ser
vice, three were in Texas, two in North
Carolina and one each in Oklahoma and
Tennessee.
Most of the 9,298 increase in Negroes
attending schools with whites occured
in Maryland, where the number rose by
7,026 to reach 69,147. An estimated 153,
215 Negro pupils reside in that state’s
23 desegregated districts with 153,215
white children. Most of the Maryland
increase occured in the Baltimore City
system, where the only figure available
(See SURVEY, Page 2)
In This Issue
State Reports
Alabama 1
Arkansas 12
Delaware 7
District of Columbia 5
Florida 3
Georgia 18
Kentucky 16
Louisiana 20
Maryland 10
Mississippi 2
Missouri 17
North Carolina 13
Oklahoma 16
South Carolina 14
Tennessee 1
Texas 15
Virginia 19
West Virginia 18
Special Articles
Semiannual Survey 1
Outside the South 4
The Region 1
ALABAMA
IHLReqon
Courts Render Decisions
Co 14 Cases In 8 States
sch l* c °urt decisions in 14
v ere desegregation cases
ind e ® n d e d down during May
** bordef
? arly Ju ne in eight Southern
r ou r
states.
Se gre Bat - ew su ^ s seeking school de-
, tiffs ^ t , n Were filed by Negro plain-
tfictg jj, fi ree states while school dis-
or took steps toward
! 1 lon al biracial classes this
i Other L’ ,,.
Eluded lg nfi§hts during the month
an ”
or ?? nounceni ents of plans for
creas ed desegregation by
i
, - UI n „ and universities, adop-
. *icie s or amended assignment
. action „ Public school districts,
L/°°l-racp - n measu res involving the
tUf es. SUe L>y three state legis-
Wu vi ^ e ncciy ’ in an address at
2*3® “obligati a » 18, called attention
n heT 110 / 1 ” of the educated citi-
evoted a major part of his
speech to civil rights. In his visits at
Muscle Shoals and Huntsville, Ala.,
later the same day, however, the sub
ject was not discussed.
Five Alabama Decisions
Five of the federal court decisions
came in Alabama cases. The others
involved school districts in Louisiana,
Mississippi, South Carolina, Tennessee,
Georgia, Virginia and Florida.
U.S. District Judge H. Hobart
Grooms of Birmingham directed the
University of Alabama to admit two
Negro students at the Tuscaloosa cam
pus and another at the Huntsville Uni
versity Center. Gov. George C. Wallace
announced he would intervene per
sonally at both institutions, if neces
sary, to block their admission. A Jus
tice Department petition for an
injunction to prevent Wallace from in
terfering was granted by U. S. District
Court in Birmingham on June 5.
(See COURTS, Page 3)
Court Tells University of Alabama
To Admit Three Negro Students
U:
MONTGOMERY
.S. District Judge H. Hobart
Grooms of Birmingham, who is
sued the July 1, 1955 order di
recting the University of Ala
bama not to discriminate against
Negroes applying for enrollment
(SSN, July, 1955), ordered ad
mission of two Negro students to
the main campus and another to
the University Center at Hunts
ville.
The order originally called for their
entrance on June 10, but it later was
changed to June 11 for Tuscaloosa and
June 13 for Huntsville.
The university was technically de
segregated in February, 1956, when
Miss Autherine Lucy attended classes.
She was driven from the campus by
riots and subsequently expelled for
accusing university officials of conspir
ing with the mob. (SSN, March, April,
1956.)
Judge Grooms ruled in May that the
1955 injunction still was binding on the
university. He ordered that Miss Viv
ian Malone, 20, of Mobile, and James
A. Hood, also 20, of East Gadsden, be
admitted to the main campus at Tusca
loosa and that Dave M. McGlathery,
27, of Huntsville be enrolled at the
Huntsville center.
‘I Stand On My Constitution
al Right To Knock Your
Block Off!’
Judge Grooms rejected the univer
sity’s request for a delay in view of the
racial trouble in Birmingham (See
Community Action).
The board of trustees had agreed to
admit the students, while pleading for
more time. Attorney Andrew J.
Thomas for the university told the
court, “It is extremely unwise for
Vivian J. Malone to attend the sum
mer semester.”
Judge Grooms replied: “I take judi
cial notice of the condition that exists
in this state. But the governor has said
he will maintain order in this state. I
think that granting the motion (for de
lay) would be tantamount to saying
law and order has broken down.”
Faced with ultimate acceptance of
Negro students, the board of trustees,
President Frank A. Rose, the faculty
and alumni councils issued statements
last November (SSN, December, 1962)
calling for law and order when Negro
students were admitted. At that time,
the university said that since 1956, 28
Negroes had applied for admission but
none had completed applications.
The university announced Dec. 3
that registration for the spring semes
ter had been closed Nov. 30 and that
no transfer student, including Miss
Malone, had completed registration by
that day. Registration for beginning
freshmen also was closed.
Three Negroes—Miss Malone; Sandy
English, 21, Birmingham; and Hood—
filed suit in Birmingham district court
April 15 (SSN, May) under the origi
nal Grooms’ injunction (Lucy v.
Adams). The new suit (Malone v.
(See COURT, Page 6)