About Southern school news. (Nashville, Tenn.) 1954-1965 | View Entire Issue (July 1, 1963)
PAGE 6—JULY, 1963—SOUTHERN SCHOOL NEWS After Registration, A Conference Vivian Malone, James Hood, Dean of Admissions Herbert Mate. ALABAMA Wallace Stands Aside; Negroes Are Enrolled (Continued From Page 5) War II, seriously overcrowded. During this period the pupil load has doubled. Forty-two percent of the increase in the number of pupils in the state of Alabama since 1940 has occurred in Mobile County. The average annual pupil increase has been 3,000. Building Program “In an effort to accommodate the pu pil load, the school board has engaged in an accelerated building program, and as a result the physical facilities are gradually overtaking the deficit. “No plan or basis for general rear rangement of an entire local school system should be required by this or any court without affording to both the school authorities and the public ample time for consideration and discussion of alternatives, “The arbitrary, hasty and premature imposition of a plan would defeat the intended purpose and would create confusion, and impair the educational process for all pupils. “I feel compelled to state here that this court ordered the desegregation of the Municipal Golf Course in Mobile on the 13th day of March 1961. That case had been under advisement for 14 months. “The opinion was written long before its release. The time of release was chosen by the court as being oppor tune, and evidently it was. There has been no incident on the golf course since its integration. Voluntary Action Noted “This court took under submission on July 25, 1961, motions to dismiss in the desegregation case involving the fa cilities of the Mobile Municipal Airport. On Oct. 3, 1961, the motions were de nied. The case is still pending but will be dismissed as moot. The airport fa cilities have long since been integrated. The court, close to the community and its problems, believed that this would come about voluntarily and without the necessity of judicial enforcement. Rely ing upon this belief proved providential. There has not been the first incident. “There is now pending in this court a case for the desegregation of the city bus lines . . . The city bus lines have long since been integrated. There have been no incidents, though the court has never ruled on this case. “This case, at the appropriate time, will also very likely be dismissed as moot . . . “The libraries in . . . Mobile have long since been integrated, though no case was ever filed for their integration. Many drugstore lunch counters in Mo bile are integrated, and many chain store lunch counters have been inte grated, though no suits have been filed.” ★ ★ ★ Three-Judge Panel Hears Birmingham School Case A three-judge panel of the U.S. Fifth Circuit Court of Appeals, convened in Montgomery June 26, listened to argu ments on the question of desegregating the first grade of Birmingham schools in the fall. Judge Seybourn Lynne had refused May 28 to enjoin the Birmingham schools to desegregate. His reasoning was that the Negroes in the case (SSN, June—Armstrong v. Birmingham Board of Education) had not applied for trans fers under the Alabama Pupil Place ment Act. Lynne said: “This court will not sanction discrimination by them (school authorities) in the name of the place ment law, but is unwilling to grant in junctive relief until their good faith has been tested.” He relied on the 1958 decision of a three-judge panel that the law was not unconstitutional on its face and pro vided an orderly method of assignment, if used without racial discrimination. This finding was upheld by the U.S. Supreme Court later that year. The appellate panel in Montgomery June 26 heard a school board attorney argue that to order Judge Lynne to (See ALABAMA, Page 7) Wallace Calls Action Illegal Following is the text of a procla mation issued on June 11 by Gov. George C. Wallace of Alabama in connection with his stand on the enrollment of Negroes at the Uni versity of Alabama. (Subheads are inserted.) As Governor and Chief Magistrate of the State of Alabama, I deem it to be my solemn obligation and duty to stand before you representing the rights and sovereignty of this state and its peoples. The unwelcomed, unwanted, un warranted and force-induced intru sion upon the campus of the University of Alabama today of the might of the central government offers frightful example of the suppression of the rights, privileges and sovereignty of this state by officers of the federal government. This intrusion results solely from force, or threat of force, undignified by any reasonable application of the principle of law, reason and justice. It is important that the people of this state and nation understand that this action is in violation of rights reserved to the state by the Constitution of the United States and to the Constitution of the State of Alabama. While some few may applaud these acts, millions of Americans will gaze in sorrow upon the situation existing at this great institution of learning. JFK Orders Wallace to ‘Desist Following is the text of a procla mation issued by President Ken nedy on June 11 pertaining to Gov. George Wallace’s stand on the ad mission of Negroes to the Uni versity of Alabama. Whereas on June 5, 1963, the United States District Court for the Northern District of Alabama entered an order enjoining the governor of the state of Alabama, together with all persons acting in concert with him, from block ing or interfering with the entry of certain qualified Negro students to the campuses of the University of Alabama at Tuscaloosa and Huntsville, Ala., and from preventing or seeking to prevent by any means the enrollment or at tendance at the University of Alabama of any person entitled to enroll in or attend the University pursuant to the order of the court of July 1, 1955, in the case of Lucy v. Adams; and Whereas both before and after the entry of the order of June 5, 1963, the governor of the state of Alabama has declared publicly that he intended to oppose and obstruct the orders of the United States District Court relating to the enrollment and attendance of Negro students at the University of Alabama and would, on June 11, 1963, block the entry of two such students to a part of the campus of the Uni versity of Alabama at Tuscaloosa; and Whereas I have requested but have not received assurances that the gov ernor and forces under his command will abandon this proposed course of action in violation of the orders of the United States District Court and will enforce the laws of the United States in the state of Alabama; and Whereas this unlawful obstruction and combination on the part of the governor and others against the authority of the United States will, if carried out as threatened, make it im practicable to enforce the laws of the United States in the state of Alabama by the ordinary course of judicial pro ceedings; and Whereas this unlawful combination opposes the execution of the laws of the United States and threatens to impede the course of justice under those laws; Now, therefore, I, John F. Kennedy, President of the United States of America, under and by virtue of the authority vested in me by the Consti tution and statutes of the United States, including Chapter 15 of Title 10 of the United States Code, particularly Sections 332, 333 and 334 thereof, do command the governor of the state of Alabama and all other persons en gaged or who may engage in unlawful obstructions of justice, assemblies or domestic violence in that state to cease and desist therefrom. In witness whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the city of Washington this eleventh day of June in the year of our Lord nineteen hundred and sixty- three, and of the independence of the United States of America the one hundred and eighty-seventh. John F. Kennedy President Dean Rusk Secretary of State Only the Congress makes the law of the United States. To this date no statutory authority can be cited to the people of this country which author ized the central government to ignore the sovereignty of this state in attempt to subordinate the rights of Alabama and millions of Americans. There has been no legislative action justifying this intrusion. When the Constitution of the United States was enacted, a government was formed upon the promise that people, as individuals, are endowed with the rights of life, liberty, and property, and with the right of self-government. The people and their local self-gov ernment formed a central government and conferred upon it certain stated and limited powers. All other powers were reserved to the states and the people. 10th Amendment Strong local government is the foun dation of our system and must be con tinually guarded and maintained. The 10th Amendment to the Constitution of the United States reads as follows: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are re served to the states, respectively, or to the people. This amendment sustains the right of self-determination and grants the State of Alabama the right to enforce its laws and to regulate its internal affairs. This nation was never meant to be a unit of one . . . but a united of many . . . This is the exact reason our freedom-loving forefathers established the states, so as to divide the rights and the powers among the many states, insuring that no central power could gain master government control. Free Heritage There can be no submission to the theory that the central government is anything but a servant of the people. We are God-fearing people—not gov ernment-fearing people. We practice today the free heritage bequested to us by the founding fathers. I stand here today as governor of this sovereign state and refuse to wil lingly submit to the legal usurpation of power by the central government. I claim today for all the people of the state of Alabama those rights reserved to them under the Constitution of the United States. Among those powers so reserved and claimed is the right of state authority in the operation of the public schools, colleges and universities. My action does not constitute disobedience to the legislative and constitutional provi- Constitutional Questions It is not defiance for defiance’s sake, but for the purpose of raising basic and fundamental constitutional ques tions. My action is a call for strict adherence to the Constitution of the United States as it was written and for a cessation of usurpation and abuses. My action seeks to avoid having a state sovereignty sacrificed on the altar of political expediency. Further, as the Governor of the State of Alabama, I hold the supreme execu. tive power of this state, and it is my duty to see that the laws are faithfully executed. The illegal and unwarranted action of the central government oy this day contrary to the laws, cus toms and traditions of this state is calculated to disturb the peace. I stand before you today in place of thousands of other Alabamians whose presence would have confronted you had I been derelict and neglected to fulfill the responsibility of my office. Citizen’s Rights It is the right of every citizen, how. ever humble he may be, through his chosen officials of representative gov- emment to stand courageously against whatever he believes to be the exer. cise of power beyond the constitutional rights conferred upon our federal gov- emment. It is this right which I assert for the people of Alabama by my presence here today. Again I state—this is the exercise of the heritage of freedom and liberty under the law—coupled with respon sible government. Now, therefore, in consideration of the promises, and in my official capaci ty as Governor of the State of Ala bama, I do hereby make the following solemn proclamation: Proclamation “Whereas, the Constitution of Ala bama vests the supreme executive powers of the state in the governor as the chief magistrate and said Constitu tion requires of the governor that he take care that the laws be faithfully executed; and “Whereas, the Constitution of the United States, Amendment 10, re serves to the state respectively or to the people, those powers not delegated to the United States, nor prohibited to the states; and whereas, the operation of the public school system is a power reserved to the State of Alabama un der the Constitution of the United States and Amendment 10 thereof; and “Whereas, it is the duty of the gov ernor of the State of Alabama to pre serve the peace under the circum stances now existing which power is one reserved to the State of Alabama and to the people thereof under the Constitution of the United States and Amendment 10 thereof. “Now, therefore, I, George C. Wal lace, as Governor of the State of Ala bama, have by my action raised issues between the central government an“ the sovereign State of Alabama which said issues should be adjudicated » the manner prescribed by the Consti tution of the United States; and no* being mindful of my duties and the responsibilities under the Constitution of the United States, the Constitution of the State of Alabama and seeking to preserve and maintain the peace an dignity of the state, and the individual freedom of the citizens thereof, &> hereby denounce and forbid this ilka and unwarranted action by the cen government.” ,-t GEORGE C. WALLAH Governor Of Alabama Excerpts from Judge’s Opinion in Alabama Case v m S, R si T le a l cc er fo h n re M ra ap mi issi be plii 1 NA An dre “a She “ob Following are excerpts taken from an opinion handed down by U.S. Dis trict Judge Seybourn Lynne at Bir mingham on June 5, in connection with an injunction against Gov. George C. Wallace. The facts developed at the brief hearing before the court on June 3, 1963, when this action was submitted upon plaintiff’s prayer for a temporary injunction may be concisely stated to highlight the emerging legal questions. On July 1, 1955, Judge H. H. Grooms entered an order to this court in the case of Lucy, et al v. Adams . . . per manently enjoining the dean of admis sions of the University of Alabama from denying Negroes the right to en roll therein and pursue course of study thereat solely on account of their race or color. In supplemental proceedings, upon application of Vivian J. Malone and certain other Negro citizens of Alabama, Judge Grooms, on May 16, 1963, entered an order determining that the court’s order of July 1, 1955, was still in force and effect; that it was binding upon Hubert E. Mate, who succeeded William F. Adams as dean of admissions, and that Negroes with pending applications for enrollment in such university could apply to this court for enforcement of the order of July 1, 1955. Thereafter, on May 21, 1963, Judge Grooms heard a motion filed on behalf of eleven members of the board of trustees of such university for leave to intervene in the case of Lucy, et al v. Adams, and to modify and suspend this court’s order of July 1, 1955, as inter preted on May 16, 1963. In their motion, the members of the board appearing therein represented to the court that Vivian J. Malone and David M. Mc- Glathery, each a Negro citizen of the State of Alabama and an applicant for enrollment in the University, were qualified to be enrolled under the terms of the July 1, 1955, order, but requested that implementation be delayed because of the prevailing climate of racial un rest. On May 21, 1963, Judge Grooms allowed the intervention of such trus tees but denied their motion to modify and suspend the order of July 1, 1955. The Honorable George C. Wallace, governor of Alabama, referring to the May 21, 1963, order entered by Judge Grooms, has stated and reiterated pub licly that he will be present to bar the entrance of any Negro who attempts to enroll in the University of Alabama. He has also pledged that law and order will be maintained. Thoughtful people, if they can free themselves from tensions produced by established principles with which they violently disagree, must concede that the governor of a sovereign state has no authority to obstruct or prevent the exe cution of the law ful orders of a court of the Unit ed States. No le galistic formula is lynne required to ex press the craving of honest, hard working, God-fearing citizens for a moral order logically supported, an attitude long ago expres sed when Coke informed King James that there was a law above the king. In the final analysis, the concept of law and order, the very essence of a republican form of government, em braces the notion that when the judi cial process of a state or federal court, acting within the sphere of its com petence, has been exhausted and has resulted in a final judgment, all per sons affected thereby are obliged to obey it . . . Too well settled in the law to admit of persuasive arguments to the con trary are the twin propositions that the courts of the United States have statutory authority ... as well herent power to enter such or ^ e ^ c j r may be necessary to effectuate ^ r , tbek . T ksj to Plai ! cedi to j in seel lawful decrees and to prevent hk r ference with, and obstruction to, gd implementation, and that the States has standing to seek the WJ tive relief for which it prays. • • • ^ ... It clearly appears that un jl^ 1 js- injunction is issued pending s sion of this action on the P ra -. jj,e final relief in a trial of the plaintiff will suffer irreparable resulting from obstruction of coB - ful orders of this court and -lore' ^ • * iudicia^ kin km Slay thg iQtj, fctil ties sequent impairment of the judicn cess of the United States. May it be forgiven if ^ n0 uJ> makes use of the personal P ! soa, “T for the first time in a written °P 1<n0 tf r [coo". I love the people of Alabama. .jet that many of both races ar e e yet> and, like Jonah of Old are an i t, *s<j ktio 'So unto death” as the result of jj of affairs within this state, P 1 the name of sensationalism. -pie- My prayer is that all of oV * ( 0oV in keeping with our finest ^ will join in the resolution tha ^ Re order will be maintained, bo caloosa and in Huntsville. This the 5th day of June, 1 seybourn h. & <il s? *0u s *0 X % s Th
