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SOUTHERN SCHOOL NEWS—JUNE, 1963—PAGE 7
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ALABAMA
Court Directs Alabama U
To Admit Three Negroes
(Continued from Page 6)
know that the federal government is
not a stranger and not an enemy.” A
crowd of some 15,000 cheered when the
President and the governor shook
hands.
★ ★ ★
U. S. Judge Refuses
Birmingham School
Desegregation Bid
U. S. District Judge Seybourn H.
Lynne refused May 28 to order deseg
regation of Birmingham schools. He
warned however, that discrimination
under the state’s Pupil Placement Law
of 1955 would not be tolerated.
Lynne denied the requests of James
Armstrong (Armstrong v. Birmingham
Board of Education) who had asked
the court to direct the board to initiate
desegregation.
The plaintiffs had not attempted to
exhaust the remedies provided in the
placement law, asking instead that the
board be directed to move on its own
initiative.
Noting that they had not exhausted
relief provided under the act, which
gives school boards wide assignment
authority with various criteria for de
ciding which child shall go to which
school, Lynne made it plain that court-
ordered desegregation would come if
the board was unconstitutional in ap
plication of the law.
This was the substance of the 1958
decision by a three-judge panel, up
held later that year by the U. S. Su
preme Court (Shuttlesworth v. Bir
mingham Board of Education).
Court’s Conclusion
In that decision five years ago the
court limited its ruling to the “consti
tutionality of the law on its face,” con
cluding:
The School Placement Law fur
nished the legal machinery for an or
derly administration of the public
schools by the admission of qualified
students on a basis of individual merit
without regard to their race or color.
We must presume that it will be so
administered. If not, in some future
proceeding it is possible it may be de
clared unconstitutional in application,
he responsibility rests primarily upon
e local school bards, but ultimately
hPon all the people of the state.” (SSN,
Ju ne, 1958.)
Judge Lynne said in his May 28 find-
*§ that if the statute is unconstitu-
applied, he would be “corn
ed to order submission of a
egregation plan.” Although there is
graphic ’ evidence that Birmingham
schools
l — are segregated, he said, the
ard of education and School Supt.
Th . ““wuun ana ocnoor
, - "right have assured the court
la w e ? stan d ready to comply with the
“This
not 1S eourt >” Lynne continued, “will
the Sanction discrimination by them in
t ^ le Placement law, but is
unwill.
mg to grant injunctive relief un-
their good faith has been tested.
Juiisdiction Retained
e added that the court would
Lynni
re tain
groes
jurisdiction to see that Ne-
constiw giv ' en speedy hearings if un-
them , acti °n is taken against
Un der the statute.
s °nie IS rj VaS ‘ nte rpreted as meaning that
School - e ^ r ° uldldren may enter white
c °urt o d eXt Se P tember —either with a
of ^ board** ^ the voluntary action
®itiatkf r ■ t ^ le A w ’” Lynne said, “the
° r thoc ° 1S ^th the individual pupil,
ha]^ authorized to act in his be-
fer. g e , a PP y t°r assignment or trans-
jutictj Ve ° re ^* s cou rt may grant in-
r cniedip re lief, the administrative
hav e kJ 5 P rov 'ded therein must first
Lynn n exha usted.”
1954 Brr. Le was bound by the
The a ,.T, n decision, but added: “. . .
'he distr' + m ^ oes not end there, for
With and C COUr ts have been invested
are expected honestly and
i
‘airly t
- r io rtnoi ° exercise discretion in the
^hoolg ” asx °t desegregating public
^fds m Placement law, school
l hes e • a y consider such factors as
Th e assi gning students:
l he effep^ ^ability of transportation;
u Co 0 iLe admission of new pu-
n eriahlished or proposed aca-
eSta hli s hp^, 0grarns; the suitability of
Mission t CUrricu la for particular ad-
^^elasti" ° 3 Particular school; the
0 ; apt ‘tude and relative intelli-
PUr.il. ,f ntal energy or ability of
’ ne psychological qualifica
tions of the pupil for the type of
teaching and associations involved; the
effect of admission of the pupil upon
the academic progress of other stu
dents.
Judge Lynne dismissed from the suit
two other parents, including the Rev.
Fred Shuttlesworth, because their chil
dren no longer attend Birmingham
schools. For the same reason, he dis
missed outright a second suit, joined
with the Armstrong case, by the Rev.
T. M. Nelson on behalf of his children.
Both Nelson children are attending
schools in Detroit, Lynne said, and
“have no intention of returning.”
established that the law does not re
quire integration but only abolishes
discrimination, and until individual
children of federal personnel show that
they have been discriminated against
because of their race or color the (Ala
bama Pupil Placement act would be
applicable.”
Judge Grooms joined Judge Lynne
in noting that the state assignment law
has been held valid on its face by the
U. S. Supreme Court.
“When considered as a whole,”
Grooms said, “this complaint, in effect,
represents an attempt by the executive
arm of the government to use the judi
cial arm to bypass the legislative arm
in contravention of the principle of
separation of powers.
“Except in the field of voting rights,
the Congress has granted the govern
ment no authority to bring such a suit
as this. In fact, it has refused to grant
such permission.”
★ ★ ★
U. S. Desegregation
Suit in Huntsville
Illegal, Says Judge
The Justice Department was “with
out authority” in its Jan. 18 suits to
desegregate schools at Huntsville and
in Madison County, U. S. District Judge
H. Hobart Grooms of Birmingham
ruled May 29.
The Justice Department based its
case (SSN, February) on the number
of children of personnel at Redstone
Arsenal, and related space and missile
facilities, attending schools in the city
and the county.
“I am of the opinion,” Grooms said,
“that the United States is without
authority to maintain the action and,
further, that the complaint does not
state a claim upon which relief can be
granted.
“Repeatedly, the Congress has re
fused to take any action to deprive the
local authorities of control over their
school system, and it has rejected at
tempts to attach a desegregation rider
to bills granting or purporting to grant
federal aid to education.”
Huntsville and Madison County both
receive federal grants under the “im
pacted area” program because of the
many children of federal employes and
servicemen attending school in the two
systems.
Grooms said that under the theory
advanced in the government’s complaint
Negro dependents of federal personnel
“would have preferred status over all
other children simply because of their
color.”
“Of course,” he continued, “it is well
★ ★ ★
Boulwell Declared
Eligible for Office
The Alabama Supreme Court ruled
May 23 that Albert Boutwell, former
lieutenant governor of Alabama and
identified as a “moderate” segregation
ist, was entitled to take office April 15
after his election under a new Mayor-
council plan of government April 2.
He had beaten Eugene (Bull) Connor
in the runoff race for governor, but
Connor and two other commissioners—
Mayor Arthur J. Hanes and J. T. Wag
goner—remained in office, contending
that under the terms of a 1959 act they
could serve out their terms, which
would have ended in October, 1965.
Boutwell sued and the state Supreme
Court held with him, ruling that he
was entitled to take office immediately.
The confusion over which govern
ment—the old three-man city commis
sion or the new mayor council—was in
charge added to Birmingham’s racial
troubles which began when Dr. Martin
Luther King Jr. came to town April 3,
the day after the election of Boutwell,
and announced an all-out desegrega
tion drive, aimed principally at lunch
counters and other facilities.
After weeks of demonstrations, the
explosion finally came May 11 when
blasts ripped a Negro home and motel.
Wild bands of Negro rioters followed,
threatening a major race riot. (See
Community Action.)
Plea To Rush Mobile
School Plan Denied
The U. S. Fifth Circuit Court of Ap
peals refused May 24 to order the Mo
bile school board to submit a plan of
desegregation within 30 days.
Negro parents filed suit March 27
(SSN, April) seeking desegregation of
Mobile schools for all Negro children.
One of the orders they sought was a
preliminary injunction ordering the
Wallace, Aide Differ on
Gov. George C. Wallace and At
torney General Richmond Flowers
issued statements May 22 relating
to the federal court order calling
for the admission of two Negroes to
the University of Alabama:
Gov. Wallace:
Federal Judge H. H. Grooms has to
day issued a ruling which orders the
University of Alabama to admit cer
tain Negroes. This is another example
of unwarranted interference by some
Federal Courts with the internal af
fairs of this state and I resent and
reject this new assault upon the lib
erty and freedom of the people of the
State of Alabama and the nation.
Some Federal Courts no longer con
cern themselves with the basic guar
antees which the framers of the Con
stitution felt could best be protected
by preserving powers to the people to
be exercised only through their state
government. They have gone to ridi
culous extremes to impose an unjust,
unworkable, unconstitutional social ex
periment on the people of this country
while blindly ignoring the rights of the
white citizens. We must resist these
actions, which if left unchallenged, can
only lead to the destruction of free
dom. If we do not resist, we need only
to look to the public schools of Wash
ington, D.C. to learn the fate of our
public school system. I believe the
American people are fast awakening
to the perils of the Federal Courts en
forcing a social ideology instead of the
Constitution of the United States.
The probability of Judge Grooms
ruling as he did today was discussed
with me by the members of the Board
of Trustees in my office. At that time
the board voted to admit the Negroes
in the event Judge Grooms ruled in
their favor and refused to stay his
order pending an appeal. I voted against
the admission of any Negroes under
any circumstances and urged the board
to appeal any such decision. The rul
ing of Judge Grooms will be appealed.
The federal court would not hesitate
to jail, imprison, and inflict severe
punishment against any lesser official
than the governor of this state, and
this, of course, includes trustees and
other officials of the University of Ala
bama. The obligation to protect the
traditions and sovereignty of this state
is my obligation and will be fulfilled
by me.
As governor, I am the highest con
stitutional officer of the state of Ala
bama. I embody the sovereignty of this
state and I will be present to bar the
entrance of any Negro who attempts
to enroll at the University of Alabama.
This is legal resistance and legal de
fiance.
There are legal questions which
have not been raised—and I intend to
raise them. The constitutional standing
that I possess, as governor, and as the
direct representative of the people of
this state will be tested. I intend to
continue to fight to preserve the integ
rity of the Constitution of the United
States. I intend to keep my covenant
with the people of the state of Ala
bama.
★ ★ ★
Atty. Gen. Flowers:
Since conferring with representa
tives of the Board of Trustees and
reading the statements of Honorable
Gessner McCorvey, I would first com
mend the Board of Trustees of the
University of Alabama for the good
fight they have made under the trying
conditions that have existed to resist
integration of the University of Ala-
DELAWARE
Effects of Desegregation
On Negro Teacher Studied
DOVER
N ADVISORY COMMITTEE will be
appointed by the state su
perintendent of public instruc
tion to study the effects desegre
gation will have upon Negro
teachers.
Dr. George R. Miller Jr. was desig
nated at the May 16 meeting of the
State Board of Education to appoint
the committee.
A specific appeal to the state board
came from teachers at William M.
Henry Comprehensive High School in
Dover, one of three county high schools
with Negro faculties which previously
had all-Negro enrollments. William
Henry, with two white pupils, is the
only one desegregated. Both Louis L.
Redding in Middletown and William C.
Jason in Georgetown have all-Negro
enrollments.
State Board President J. Ohrum
Small said Negro teachers from Wil
liam Henry had “expressed an anxiety
for their jobs” should consolidations
take place.
city-county school system to present a
desegregation plan immediately.
U. S. District Judge Daniel H. Thomas
refused this request April 25 (SSN,
May). He accepted written briefs in
the case, gave the plaintiffs 30 days in
which to file additional briefs and the
school board 15 days beyond that to
answer.
Plaintiffs appealed the denial of the
request for an immediate plan, but the
Court of Appeals turned them down.
The Court of Appeals directed that a
reasonable start be made toward full
compliance with the May 17, 1954 de
cision. Referring to the Mobile case
specifically, the court said:
“The amount of time available for
the transition from segregated to de
segregated schools becomes more
sharply limited with the passage of the
years (since the 1954 decision).
“Thus it is that this court must re
quire prompt and reasonable starts,
even displacing the district court dis
cretion where local control is not de
sired, or is abdicated by failure to
promptly act.”
The court said it was Judge Thomas’
duty to rule promptly on a motion for
a preliminary injunction.
Also pending in Mobile District Court
is a Justice Department suit seeking
desegregation of public school facilities
for children of military connected per
sonnel.
Admissions
bama. Under the conditions presented
to them, they fought an excellent fight
but had gone as far as they could go
without subjecting the Dean of Ad
missions or some other official of the
University of Alabama to a contempt
citation which could have brought
prison sentences and other severe pe
nalties. Section 264 of the Constitution
of Alabama of 1901 places the manage
ment and control of the State Univer
sity in the Board of Trustees. This
board, acting, according to its best
judgment, under the Constitution has
seen fit to admit two Negroes to be
enrolled at the University of Alabama.
As Attorney General, I do not ques
tion, challenge or pass judgment on
the validity and wisdom of their ac
tions. The decision was theirs to make.
This action has been in the courts over
eight years, has twice been taken to
the Supreme Court under the complete
guidance and management of attorneys
for the University of Alabama and its
Board of Trustees.
The Attorney General’s Office has
not been involved in this case and
they are now faced with a federal
court order. I have contacted the Uni
versity President’s office and stated
that the entire facilities of this office
have been placed in immediate readi
ness to do anything the board or its
attorneys feel we can do to prevent
integration without subjecting them to
federal contempt citations. I shall wait
to hear from them.
I now make a solemn and thought
ful plea to all the people of Alabama.
As dark as these days are, defiance
that would provide violence would
only make days darker and upon those
who resort to these measures must lie
the blame if federal troops are used
in the State of Alabama.
Delaware Highlights
The effect of desegregation upon
Negro teachers will be studied by
the State Department of Public In
struction.
Apathy and lethargy have been
called barriers to complete deseg
regation of Delaware schools.
Groups which would abolish rather
than desegregate public schools rep
resent one of three threats to public
education, according to the state
superintendent of public instruction.
The consolidation most prominently
mentioned is one which would reduce
Delaware districts by at least one third.
Many small, all-Negro schools would
be eliminated.
This bill is before the General As
sembly, which held a public hearing
but took no other action.
Liberal Policy Asked
Small told other board members that
the William Henry teachers requested
that the board advocate a more liberal
policy by white districts in hiring Ne
gro teachers.
The State Board passes on certifica
tion but does not recommend teachers
to local districts. But Charles Harris,
executive secretary of the Delaware
State Education Association, believes
the state board sets the pattern.
“If the state board would approve
the hiring of Negro teachers by the in
tegrated school districts, the local
boards probably would fall in line,”
Harris said.
However, he noted, the DSEA has
not taken a stand. If it does, he said,
it probably will urge the local districts
to hire Negro teachers.
No figures are available on the num
ber of Negro teachers employed in
white school districts, although some
teacher desegregation has taken place
in New Castle County.
Wilmington and Newark have hired
Negro teachers, or absorbed them, but
the number is not known.
★ ★ ★
Negro Fails In Bid
For School Board
A Laurel Negro failed in his bid to
become the first member of his race
elected to a white school board in
Sussex County.
James R. Webb, a retired school ad
ministrator, finished second in a four-
man race.
Rudolph B. Hastings, re-elected to
his seat, polled more than the com
bined total of his three opponents.
Hastings had 1,483 to 499 for Webb,
with the Rev. Edward R. Blevins
drawing 441 and C. Robert Ellis 375.
Laurel’s voter turnout represented
the largest vote “in memory,” Supt.
Leon B. Elder said.
Webb’s second place finish likely
will result in a drive to place a Negro
on the town council, according to the
Rev. W. Winston C. Cross, a campaign
manager of Webb.
What They Say
Leader Says Negro
Apathy Slowing
Desegregation
Apathy and lethargy among Negroes
is the greatest barrier to complete de
segregation of Delaware schools, in the
opinion of Louis L. Redding, the Negro
attorney from Wilmington who led the
long legal fight to bring about desegre
gation.
Redding made the statement at a re
gional conference of the NAACP, de
claring:
“The principal barrier we have in
this state today to complete public
school integration is the lethargy, the
apathy, the indifference ... of the Ne
groes who would be benefitted in tak
ing advantage of the opportunity that
is legally theirs.”
If this can be overcome, Redding
said, “I think Delaware will become
completely integrated.”
Earlier, the Wilmington attorney
pointed out that “we have a court de-
(See DELAWARE, Page 11)