About Southern school news. (Nashville, Tenn.) 1954-1965 | View Entire Issue (June 1, 1963)
SOUTHERN SCHOOL NEWS—JUNE. 1963—PAGE 5 DISTRICT OF COLUMBIA High Court Warns Against Continued Delay, Evasion WASHINGTON F or the first time since it called for “all deliberate speed” in school desegregation in 1955, the Supreme Court com mented on the pace of desegrega tion May 27. It issued a sharp warning that continued delay and evasion would not meet the court’s test of constitutionality. The Supreme Court’s comment came in a decision that public parks in Memphis, Tenn., must be desegregated at once, not with “deliberate speed” (No. 424, Watson vs. Memphis). Justice Arthur J. Goldberg, who wrote the decision for a unanimous court, said: “The basic guarantees of our Consti tution are warrants for the here and now and, unless there is an over whelmingly compelling reason, they are to be promptly fulfilled.” The Memphis case came to the Su preme Court because Judge Marion S. Boyd had ruled that the doctrine of “all deliberate speed” applied to the desegregation of facilities other than schools. He had rejected a request by Negro plaintiffs for immediate deseg regation of recreational facilities in the city, and Memphis had adopted a 10- year desegregation plan. Justice Goldberg’s opinion indicated that immediate desegregation of pub lic facilities is to be the rule and grad ual desegregation the exception. The court permitted a slower pace in the schools, he said, because of the physi cal difficulties involved and the impact of a newly enunciated doctrine. ‘Substantial Period’ The Justice noted that nine years have passed since the original school decision and eight years since the “all deliberate speed” formula was laid down. In view of “the passage of a substantial period of time,” he said, the standard might not be satisfied to day by plans which “eight years ago might have been deemed sufficient.” The opinion declared that the Su preme Court “never contemplated that deliberate speed’ would countenance indefinite delay in elimination of racial harriers in schools, let alone other public facilities not involving the same physical problems or comparable con ditions.” reate on >• emo- -acial let* it the i sat* rtf ip 01 city eated orth- . N> In other cases, the court agreed to review the conviction of Dion Tyrone lamond for disturbing the peace by makmg speeches on the campus of southern University in East Baton ou ge, La., urging desegregation dem onstrations last year. n May 20, the Supreme Court set I e convictions of 31 sit-in dem- | ti, S . ratoi : s d* 1 four states on grounds a anti-trespassing statutes may not d against sit-in participants. v ,° a er Questions of the right of pri- e , e businesses to bar Negroes and to ls the aid of state and local officials ' , en ° rcin g segregation were left for V i„, r decision. Some 3,000 sit-in con- i°n s are pending review. Expanded Measures On Civil Rights Ender Discussion oil"" they otbe ss 01 n SajJ^P^d by racial flareups in Mis demon** Alabama and by othe Kertnr.ri, ra l"j ns .’ both Congress and th ” Administration turned to th< er cjyy t of enacting this year broad ly had £ Ig bts measures than previous- Unde r h* 1 contem P 1 ated. Wou ld erJb cusslon were bills whicl Nation ■ pace °1 sc bool deseg- au thority f 1Ve Ibe attorney genera ^uire H ° butiate court actions anc hesses „ , ese gregation of private busi- v^Her tv mg to the P ublic - v d prorywfi year > the Administratior amitefi f° sed a civil rights packagi ? v *l , ex f en< iing the life of th< . r hninf* S Commission, outlawing t v °tinv ° ry Use °f literacy tests a: Hfral rBf require ment and providing rjf RUalifip 1° speed registratior t A ‘ Cm Negro voters - Jh Pre s ?dent ne K S C °’\ ference ’ how - fcv^tivg ® nt Kennedy gave ar ^ther «„__ SWer when he was aske' n th* er at- Re#; •xtfr , Ci^i nt °‘ U*' -hit^ jdi« gel«' jerh' CW uth e " Re»' >r »' hP- with it* .*5 It re. egd 1 ' id- Rested ,f ecen t developments V ^ the need for further 1 “A* w . legisla Cis h now > we have several pro 3 said <‘p ere n °w • • •” the Presi * er 1 there may h sijdd p ro ., Ibat we could do whic si,! a ren? j legal outlet for a de h-'Se m j ed y other than having t C “ito cn?fl n ! trat . i0ns wh ich brin "Uid 0r , Hjot with the forces c er m the community.” innonaoB»aoBBBwOMBUlluuuuuuuuuUuUIMiwOtHluQUMMHMuUW>B6BirBBBaaifHBBlfl|gB8B8S8B88B88tiiWw?88o<ftliflfiftW«lioSco5<S D.C. Highlights The Supreme Court, making its first statement on the pace of school desegregatiton since 1958, indicated that “indefinite delay” would not meet the standard of “all deliberate speed.” Spurred by racial disturbances and demonstrations, the Kennedy Administration and Congress ex plored the possibility of new civil rights legislation, including meas ures to accelerate the rate of school desegregation. A House Committee approved an “impacted areas” school aid bill that would withhold funds from school systems failing to adopt and imple ment desegregation plans. Gov. George C. Wallace of Ala- While Administration aides worked on legislative proposals to be submit ted to Congress early in June, various legislators dropped their own bills into the hoppers. Charging Administration “foot-drag ging,” 20 House Republicans an nounced June 2 they would introduce civil rights legislation including the “Title III” provision which was knocked out of 1957 and 1960 Civil Rights Acts. The provision would em power the attorney general to bring suit against state or local officials in racial disputes. The Republicans said they also would propose giving the attorney general the right to bring civil actions against owners and operators of public ac commodations “where the business segregates or otherwise discriminates against customers because of race or color.” Similar legislation was introduced in the Senate by a bipartisan group head ed by Sens. John Sherman Cooper, R- Ky., and Thomas J. Dodd, D-Conn. Administration sources said the use of “Title III” power to accelerate school desegregation, as well as the authority to force desegregation of public ac commodations, was under active study by the President and might be part of his recommendations to Congress. Segregated Private Schools Face Ban By Federal Agencies The President’s Committee on Equal Employment Opportunity announced May 30 that it would move to end federal referral or training relation ships with private secretarial and trade schools in Washington that operate under racial restrictions. Hobart Taylor Jr., executive vice chairman of the committee, said the group had asked the Civil Service Commission to draft regulations bar ring government cooperation with seg regated private schools. The commis sion agreed to provide the rules. Taylor said continued acceptance of referrals for government employment from segregated institutions and train ing of employes at government expense bama pledged that the University of Alabama would be “peaceful and serene” in the admission of two Negro students. He said he hoped to get the Supreme Court to reverse its school desegregation decision. James H. Meredith said the elec tion of President Kennedy played a role in his decision to seek admis sion to the University of Mississippi, since “the Democrats had a stronger civil rights platform” in 1960. The President’s Committee for Equal Employment Opportunity an nounced that it was moving to sever relations between government agen cies and racially segregated private trade and business schools in Wash ington. at such schools would be inconsistent with the Administration’s civil rights policies. The regulations to be drafted by the Civil Service Commission would give the affected schools 30 days to certify that they had abandoned discrimina tory practices. Failure to comply would result in the severance of federal per sonnel relationships. The committee stressed, however, that graduates of non-complying schools would continue to be eligible for federal employment and advance ment on their individual merits. Arrangements Noted The committee noted that some gov ernment agencies maintain arrange ments with certain business, secretari al, trade and other private schools and other private employe referral sources “which restrict admission of students or referral of applicants” by race. These and other government agen cies authorize employe on-the-job training at such schools, the commit tee added. “Equality in the opportunity to work is dependent on equality in the oppor tunity to learn,” Taylor said. “With this action, the President’s Committee is making certain that federal agencies themselves do not contribute to the denial of such learning opportunity...” The committee’s action was praised by Walter W. Tobriner, president of the D. C. Board of Commissioners, as a move to “put teeth in a policy which solicitation and persuasion failed to achieve on a voluntary basis.” Tobriner recalled that the D.C. Commissioners sent letters to six pri vate business and secretarial schools 10 months ago urging them to drop racial bars and offering assistance in the transition. “This effort led to nothing,” Tobriner said May 31, although one of the six schools did notify the commissioners that it already was accepting Negro students. ★ ★ ★ Justice Department Replies Again to Mississippi Report In a May 8 statement, the Justice Department replied to the second in stallment of a Mississippi legislative committee’s report attacking the Fed eral Government’s role in last fall’s desegregation of the University of Mississippi. The department said the Mississippi report was “characterized by bias, fac tual errors and misstatements.” “What the report fails to point out and what the members of the com mittee are aware of is that the ar rangement to put Mr. Meredith on the campus was made by Governor Bar nett,” the Justice Department said. “Not only was the presence of the marshals at the University of Missis sippi arranged by Governor Barnett, but the number of marshals also was approved by Governor Barnett.” Like its reply to an earlier Missis sippi report (SSN, May, 1963), the Justice Department statement quoted news accounts apparently at variance with the legislative committee’s ver sion of events at the University of Mississippi. Gov. Wallace Says Alabama to Uphold Law During Crisis In a nationally-televised interview June 2, Alabama Gov. George C. Wal lace said the University of Alabama would be “peaceful and serene” on June 10, when the court-ordered ad mission of Negro students was sched uled to be attempted. Wallace, who pledged to stand in the doorway and personally block deseg regation of the university, said “abso lute law and or der will prevail.” He declared he would “not toler ate mob action” of the kind that occurred when the University of Mississippi was desegregated last fall. The governor, appearing on the NBC program “Meet the Press,” said he would fulfill a campaign pledge to represent “the people of Alabama’ in testing the pow er of federal courts to compel deseg regation. His legal position, he said, was based on the hope that the U.S. Supreme Court would reverse its 1954 school desegregation decision and “rule in our favor.” “I have not said I was going to dis obey a federal court order for defi ance’s sake,” Wallace said, “but for the purpose of participating as a Governor of the State of Alabama I have a right to test in the courts the validity of this order involving our school system.” The governor said the test would be “the most dramatic way to impress on the American people the march of cen tralized government.” He said he did not hope to be arrested, but that he would “go peacefully” if that occurred. “I am against violence,” Wallace said, adding that he was asking spec tators to stay away from the campus. He said he did not know whether fed eral troops would be brought into the situation. Wallace defended the quality of Impact Area Fund Cutoff Asked The House Education and Labor committee on May 24 approved an “impacted areas” school aid bill that would cut off federal funds to segre gated school districts unless they adopt desegregation plans this June and put them in to effect next year. The committee’s action was by voice vote. Rep. James G. O’Hara, D-Mich., who headed a study group on the “im pacted areas” aid program, said, “I don’t think anyone knows what will happen to this bill. I don’t know if it will even get out of the Rules Com mittee.” The bill would extend for one year the program of federal assistance to school districts serving large numbers of military dependents or other chil dren of government personnel. About 4,000 school districts, including more than 600 in Southern states, receive federal funds under the program. The total amount authorized for fiscal 1964 would be almost $320.7 million for operating expenses and $61.8 million for construction costs. The anti-segregation provision, which had been approved unanimously by a subcommittee headed by Rep. John H. Dent, D-Pa., would require each segregated school district to file a desegregation plan with the U.S. Office of Education by June 30 in order to receive funds for the school year starting this fall. Each district would have to place a segregation plan into effect by June 30, 1964, in order to stay in the program. It was reported in Washington that some Southern school districts already are planning to seek alternative school revenues on the assumption that they will not be eligible for further aid under the “impacted areas” program. The Department of Health, Educa tion and Welfare has ruled that segre gated schools are “unsuitable” for chil dren whose parents live and work on federal property, and plans to cut off funds to a number of such schools next fall. The government is building schools on eight Southern military in stallations to serve dependents on a non-segregated basis. HEW, however, has held that present law does not give it authority to insist on desegregation of schools in “impact ed areas’ which serve military de pendents who live off-base. These dis tricts—a substantial majority of those receiving federal funds under the pro gram—would be affected by enact ment of the bill approved by the House Committee. ★ ★ ★ In the Senate, an official of the NAACP told the education subcom mittee May 17 that “it is a national disgrace for the federal government to continue to underwrite racial dis crimination.” Clarence Mitchell, Washington direc tor for the NAACP, said that recent Justice Department suits showed $36 million in federal funds had been spent to build and operate schools barring children of Negro military personnel. Joseph L. Rauh, appearing for the NAACP and for Americans for Dem ocratic Action, said, “The Federal government cannot go on as the big gest supporter of segregation through its expenditure of funds.’ Rauh and several other spokesmen for civil rights organizations told the subcommittee they thought the Presi dent had authority to end segregation in federally-assisted schools without any further legislation. Alabama’s school system and said he hoped the Supreme Court would use the Alabama case as an opportunity to return to the “separate but equal” doc trine that it abandoned when it handed down the 1954 decision. ★ ★ ★ At a May 22 news conference, Presi dent Kennedy expressed hope that the “law-abiding people of Alabama would follow the judgment of the court and admit the (Negro) students.” “Every other state in the country has integrated their state university, and I would hope that Alabama would follow that example,” Mr. Kennedy said. He added that he would be “very reluctant” to reach the point where federal marshals or federal troops would be used in Alabama, “but I am obligated to carry out the court order —that is part of our constitutional sys tem.” ★ ★ ★ Frank A. Rose, president of the Uni versity of Alabama, told the Washing ton Chapter of the university’s alumni association May 24 that the university would “maintain its dignity, its integ rity, and our students will walk as honorable men and women.” Rose said students, faculty and trustees of the university had been as sured by Gov. Wallace that the deseg regation crisis would be met with law and order. “I will exercise all the leadership at my command to see that the great tradition and honor of this university will be recognized in the future as it is in the present and has been in the past,” Rose pledged at the alumni group’s annual banquet. “It is tragic that any university gets caught between two powerful forces as the University of Alabama is now caught,” he said. ★ ★ ★ Meredith Says Kennedy Election Influenced Decision James H. Meredith said on the “Meet the Press” television program May 26 that he might not have ap plied for admission to the University of Mississippi if Republicans had won the 1960 presidential election. The 29-year-old Negro student said his decision was influenced by the elec tion of President Kennedy because “t h e Democrats had a stronger civil rights plat form.” Meredith said he had received no pledges of support from the Adminis- tration before he applied to Ole Miss, but was promised backing after the Admin- Meredith istration learned of his plans. He said he did not think it would be “proper” for President Kennedy to escort Negroes whose admission to the University of Alabama in June has been ordered by federal courts. The suggestion reportedly was made May 25 when Attorney General Robert F. Kennedy met in New York City with a group of Negroes to discuss racial problems. The attorney general called Mere dith after the program to congratulate him on his television appearance, and the two later conferred in the attorney general’s office. Outside (Continued from Page 4) Dr. Clark, describing the meeting as “tragic,” said: “We were unable to communicate clearly and skillfully that this was not a group of Negroes begging the white power structure to be nice to Negroes. We were trying to say that this was an emergency for our country, as Ameri cans.” Baldwin said that the attorney gen eral “just laughed” when Jerome Smith, 25, a “Freedom Rider,” proposed that President Kennedy personally escort Negro students into the University of Alabama. Baldwin added: “He said it would be just the same as making a speech. He didn’t get the point at all.” Baldwin reportedly has pressed the attorney general to use his influence to get the President to make a series of talks to the nation on the civil rights issue. The attorney general was said to have attended the New York City meet ing in seeking fresh ideas on coping with civil rights problems, especially with school segregation in the North.
