Newspaper Page Text
Factual
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SOUTHEr
VOL. 10, NO. 7
VIRGINIA
prince Edward
Case Before
Supreme Court
RICHMOND
T HE U. S. Supreme Court
agreed Jan. 6 to hear argu
ments March 30 on the question
of whether Prince Edward Coun
ty may legally keep its public
schools closed.
In an unsigned order, the tribunal
noted that the Prince Edward school
case dates back to the original school
desegregation decision of 1954, but that
the county still has not carried out the
court’s mandate of 1955 for desegrega
tion “with all deliberate speed.” The
county has provided no public schools
since 1959.
Setting of the early hearing date fol
lowed efforts led by the U.S. Depart
ment of Justice to get a decision on
the closure issue before school-open
ing time next September. The Virginia
State Supreme Court held on Dec. 2
that the state has no legal obligation
to operate free public schools (SSN,
December), and the Justice Department
filed a brief with the U.S. Supreme
Court nine days later, seeking a re
versal. (Griffin v. Prince Edward
School Board.)
Attorneys for the state unsucessfully
urged that the case be allowed to go
again before the lower federal courts
before being considered by the Su
preme Court. The Supreme Court
cited “long delays” which have been
involved in lower-court proceedings.
Although legal issues involving
Prince Edward schools have been in
the courts throughout the years since
the original desegregation decision, this
is the first time since 1955 that ques
tions raised in that county have re
turned to the highest tribunal.
In its brief, the Justice Department
said the Prince Edward case is “ripe
for decision now” and contended that
the issues “are of fundamental im
portance not only to the children of
Prince Edward County but also to the
United States and its system of jus
tice.”
On Aug. 12, 1963, the U. S. Fourth
Circuit Court of Appeals had ruled that
(See U.S., Page 2)
The Rev. Sam R. Dodson, Jr.
Commission chairman.
TENNESSEE
Biracial Group
On Relations
Is Established
NASHVILLE
A BIRACIAL STATEWIDE Comillis-
sion on Human Relations was
established on Jan. 1 under an
executive order issued by Gov.
Frank G. Clement.
The governor, who named the com
mission in keeping with a pledge dur
ing his campaign for office in the sum
mer of 1962, also appointed 16 members,
including five Negroes, who will serve
on the 21-member commission.
The other five members will be ap
pointed soon, possibly in time for the
commission’s first meeting which was
expected to be held later in January.
Clement appointed the Rev. Sam R.
Dodson Jr., pastor of Calvary Method
ist Church in Nashville, to serve as
chairman.
Negro attorney A. W. Willis of
Memphis was named as vice chairman.
The governor’s executive order out
lined these functions and responsibili
ties of the commission:
(See GOV. CLEMENT, Page 15)
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Auburn Quietly Registers Negro;
Strict Security Rules Enforced
N egro Graduate student Har-
o'd A. Franklin on Jan. 4
became the first of his race to
enter Auburn University.
With elaborate security and disci
plinary precautions in effect, the 31-
year-old Air Force veteran and honor
graduate of Alabama State College in
Montgomery was registered without
incident.
The campus was sealed by a security
force of campus, city and county offi
cers and 100 helmeted State Troopers.
There was never a threat of trouble.
Gov. George C. Wallace had ordered
that no federal agents be admitted to
the campus. Several FBI agents and
at least one Justice Department official
were in Auburn, but none appeared
to challenge the restriction.
Credentials Required
Some 150 students stood across the
street from the university library,
where registration was taking place,
and watched as Franklin entered the
building shortly after 2 p.m. They
laughed when Franklin was asked to
show his credentials before being ad
mitted to the building. (As part of the
university’s precautionary measures,
all students were required to have, and
keep in their possession, identification
cards.)
Franklin was greeted by Dean D. V.
Parker of the graduate school, the
defendant in the suit brought by
Franklin to force his admission
(Franklin v. Parker). Parker offered
Franklin a chair and said, “Welcome
to Auburn.” Also greeting Auburn’s
first Negro student was Dr. Malcolm
McMillan, who will be Franklin’s fac
ulty adviser.
Franklin wore a brown suit, brown
shoes and soft-colored tie. He wore a
narrow-brimmed brown hat which he
removed as he walked up the library
steps.
He completed registration at 3:30 p.m.
having signed up for courses in Russian
history, English history and U.S.
policies up to 1865. Classes started
Monday, Jan. 6.
Franklin is seeking a master’s degree
in history and political science, aiming
at a career in the foreign service. He
made no statement to the press and
told Ed Crawford, director of university
relations, that he planned to make
none.
U.S. District Judge Frank M. Johnson
Jr. ordered Auburn Jan. 3 to admit
Franklin to a dormitory. The university
had previously refused (see below).
Johnson found that Auburn last quar
ter provided dormitory space for 1,000
students, including 26 graduate stu
dents, and that 22 graduate students
had been accepted for dormitory hous
ing for the winter quarter—this des
pite the university’s contention that
President Ralph Draughon had issued
an order in early December that gradu
ate students would not be allowed
dormitory accomodations.
Auburn contended that it needed to
maintain a “delicate balance” between
graduate and undergraduate students
housed on campus. Johnson rejected
the argument with the observation
In This Issue
Stale Reports
Alabama 1
Arkansas 6
Delaware 7
District of Columbia 14
Florida 9
Georgia 9
Kentucky 4
Louisiana 5
Maryland 3
Mississippi 11
Missouri 13
North Carolina 10
Oklahoma 4
South Carolina 8
Tennessee 1
Texas 7
Virginia 1
West Virginia 16
Special Articles
Annual Statistics 1
Legislation in 1963 2
Books and the Issue 2
WALLACE
JOHNSON
that he saw “no indication whatsoever
as to why the admission of 23 or 24
graduate students for housing instead
of 22 would upset this ‘delicate bal
ance’.”
It was also significant, Johnson said,
that the president “who issued the
oral order did not testify in this case.”
Minutes after Johnson’s order, the
university announced it would comply.
On Jan. 4, Franklin drove to Auburn
from Montgomery, where he has made
his home since graduating from Ala
bama State College in the capital city
in 1962. He went first to the Auburn
Methodist Church, then checked in at
Magnolia Hall, the men’s dormitory
where he will live, thence to the
library.
‘Shocking Decision’
After the Jan. 3 dormitory order by
Johnson, Gov. Wallace issued this
statement.
“This judicial tyrant has rendered
another shocking decision that reflects
upon the integrity of the administra
tion of Auburn University and her
board of trustees.
“This judge cannot say, ‘I must fol
low precedent under oath.’ He makes
precedent for precedent’s sake and
substitutes his wisdom for that of
the administration of Auburn, her trus
tees, the elected legislators of Alabama
and her elected governor. His office is
totally segregated, yet he integrates
an undergraduate Auburn dormitory
with a 31-year-old married agitator.
“This judge not only insults the
people of this state—he evidently
(See NEGRO, Page 12)
statistics
Revised Figures Show More Negroes in Biracial Schools
J N the Southern and border
states, 9.3 per cent of Negro
students in public schools attend
scho °ls with whites, according to
aew figures made available in
e cember. This is an upward re-
1 ' Is i°n of the 9.2 per cent reported
I? Southern School News for
Member.
puhr mplete new figures for Kentucky’s
cu * c schools were obtained for the
school year by that state’s
sla P a f t ' meri t of Education, replacing the
b HH- S - k ase( f or > last year’s study,
the dl t 10n > a correction was made on
in ^'^fier of Negroes with whites
■yj^strict of Columbia schools.
th e iaJ leW statistics, as published in
Prese f Statistical Summary, are
°f below for the convenience
t° jc, readers who wish to bring up
Status” "Segregation-Desegregation
of table appearing on page one
p 0 e December, 1963, issue.
t* 0 c ae District of Columbia, only
“Ji egl . SUres changed: The number of
re cteH°c S *** Schools With Whites” Cor-
(*rc ent : rom 99.998 to 98,813, and the
corr ept j® Negroes in this category
c cted from 84.8 per cent to 83.8
Per
cent.
The „
table r j W Kentucky figures in the
-204 total, 165 with
lie^" ead: Districts- ,
Enrolls? an< ^ whites, 163 desegregated;
H874 611,126 (estimated) whites,
r egated 6 5fi ma ted) Negroes; In deseg-
'"hites restricts—492,701 (estimated)
^egroi- ">874 (estimated) Negroes;
numk Schools With Whites—29,855
The^ er ’ pe r ce nt.
tot^ f nSW figures change all the
r s ° r the Border and the Region.
STATISTICS, Page 14)
The shaded areas represent counties in the 17 Southern and border states that have at least one public school district with desegre
gation in fact or in principle.