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Factual w. / U OUTHEF \1 fi/UIAAI ¥0 * S N 3 H1V noisiaio SNomsi noov S31 «vas n V 108030 JO A I NO 800z-a-fr9 wnr News Objective FEBRUARY, 1964 ALABAMA Order to Mo\W \egro Pupils Stirs Tuskegee MONTGOMERY T en more Negro students were admitted without incident to previously all-white schools in Huntsville Jan. 27. In Macon County, it was different, although six Negro transfers from Tuske- gee High entered at Shorter Feb. 5 without serious incident. L xhe State Board of Education or dered the closing of Tuskegee High School, where 12 Negroes had been going to classes since the school was [ ordered desegregated last September. All whites, some 250, withdrew shortly after the Negroes were admitted, leav ing the 12 Negroes the only students with a faculty of 13. On the advice of Attorney General Richmond Flowers, Macon officials turned away the 12 when they report ed for classes Feb. 3. U.S. District Judge Frank M. Johnson Jr. of Mont- ' gomery, who had ordered the Macon board to desegregate the high school last fall, immediately directed the ad mission of the 12 to the two remaining white high schools in the county—six to Shorter and six to Notasulga. The order did not extend to other Negro | students, although the Macon board is under court order to present a com- [ prehensive plan of desegregation by March 2. Johnson agreed that the continued operation of Tuskegee High was uneco nomic. Six Admitted, Six Turned Away At Shorter, the six assigned there were admitted Jan. 5. At Notasulga the other six white were turned away by Mayor James Rea, who cited a newly adopted fire and safety ordinance. He told the Negroes the high school al ready has as many students as it could safely accommodate. All schools at Notasulga were ordered dosed Feb. 6 after a fire the night of reb. 5 at the city’s water filter created a water shortage. Mayor Rea said he believed the fire was accidental. Mayor Rea announced he would obey any federal court order to admit Ne- ‘‘Tees. A hearing, requested by Justice -epartment attorneys, was set for Feb. 3 challenging Rea’s use of the fire-pre- 'ention ordinance to keep Negroes out ? schools. The hearing originally bad been set for Feb. 7. Vernon Merritt HI, a commercial pho- ?rapher aboard the buses bound to fou b^ ga Was forcib ly removed and Shed-up with state troopers looking w as ordered to leave. He was Pied 6 k UP a car reportedly occu lt n State agents. The next day, - roo George Wallace ordered state venMe? t0 pr °tect newsmen and pre- ' pL disorde rs of any type.” Pdes era .i agents were present at Nota- to and Shorter, but did not attempt thU"* 8 ^ nes established by state At and k>cal officers, in e or ter, attendance was down but dents j j ted * ot al boycott by white stu- ld n °t materialize on either Feb. (See Huntsville, Page i?) ^ This Issue tate Reports ^Sas I feare * h°ri d ^ of Columbia 1 ^rgia! I Mi,- lpp i .. i v^Uri 1 J ^ is s Vlr gmi a 9 C 1 " A "Me ^•uod j Memphis Commercial Appeal Gov. Johnson Takes Oath From Slate Supreme Court Justice Tom Brady. MISSISSIPPI New Governor Omits Race In His Inaugural Speech JACKSON 66 XX ate, or prejudice, or ignor- ance will not lead Missis sippi while I sit in the governor’s chair.” With those words, Paul B. Johnson, who had won the governorship as the most defiant and vociferous segrega tionist in the 1963 campaign, became Mississippi’s 54th governor on Jan. 21. The former lieutenant governor made no mention of segregation, hatred for the national leadership of the Demo cratic Piarty, or how Mississippi “stirred the admiration of the world by heir spirited stand against federal invaders” during the 1962 desegregation of the University of Mississippi. Neither did the 47-year-old Marine veteran of World War n and first son of a former governor to win the of fice, refer to his stand at the university in temporarily blocking the enrollment of Negro James Meredith. Gov. Johnson surprised those who had “waved racial banners” in his behalf in the 1963 cam paign. His speech of moderation was pitched to gaining a new image for Mississippi nationally. Johnson delivered a 22-minute speech on the south steps of the capitol after he had taken the reins of state govern ment from the hands of the “unrecon structed segregationist” Ross R. Bar nett, a critic of the national govern ment and its civil rights efforts. Mis sissippi’s new governor said: ‘Part of this World’ “You and I are part of this world, whether we like it or not; what hap pens in it, through no fault of ours, affects us. “Too, we are Americans as well as Mississippians. As a practical matter, we are at this moment ‘in the main stream of national life.’ National poli cies have direct bearing on our econ omy, on our political freedom, on our daily living, whether we like it or not.” Pointing out that “the Mississippi economy is not divisible by political party or faction, or even race, color or creed,” he said “as of this hour, Paul Johnson is working for everybody with every resource at his command.” Assuring “my people” that he is “fully aware of the forces, the conflicts that fashion our environment,” Gov. Johnson went on to say: “I will oppose with every fiber of my being, and with every resource at my command, any man, any faction, any party or any authority which I feel is morally wrong or constitutionally in error. “And,” he added, “I will stand ac countable for my action; but, if I must fight, it will not be a rear-guard de fense of yesterday—it will be for our share of tomorrow.” He closed his inaugural address by asking God to bless “all Mississippians, both black and white, here and away from home.” The address carried a moderate tenor, which was not in evidence while he was campaigning for the governor ship last year. It drew praise from two of his most bitter newspaper critics: the Greenville Delta Democrat-Times, edited by Pulitzer-prize winner Hod- ding Carter, and the Lexington Adver tiser, owned by Mrs. Hazel Brannon Smith. Many legislative leaders hailed the address “not so much for what he said but what he left unsaid.” The softly toned address was deliv ered while there still pends before the United States Supreme Court the case charging Gov. Johnson and former Gov. Barnett with contempt of federal court in seeking to block desegregation of the University of Mississippi. The United States Fifth Court of Ap peals, which filed the contempt charges, deadlocked four-to-four on the demand for a trial by jury, and referred the issue to the Supreme Court in Wash ington. Gov. Johnson’s address contrasted with that of Lt. Gov. Carroll Gartin, (See MISSISSIPPI, Page 15) , uv>KlDA Teacher Assignments By Race Held Illegal MIAMI T he U.S. Fifth Circuit Court of Appeals at New Orleans on Jan. 9 ordered the Duval County (Jacksonville) school board to end assignment of teachers on a racial basis. Negro pupils are injured, the court’s majority opinion said, when they are required to attend segregated schools taught by Negro teachers. The case was returned to U.S. District Court with instruc tions to require a plan of compliance from Duval County school officials. The order to desegregate teachers and administrative personnel, as well as to end budgeting for schools on a segregated basis, was part of the district court’s original order in the case of Braxton v. Board of Public Instruction of Duval County, which was decided more than a year ago. This same decision by the district court was applied to similar cases affecting Volusia and Hillsborough counties. All have begun desegre- *“““ °' “ fir “ ** b “‘ BACKGROUND Teacher Order First to Come From Appeal T he Duval County, Fla., school suit is the first in the region in which a federal circuit appellate court has ordered de segregation of teachers and staff —an issue that in recent years has become a major part of school desegregation cases. The Fifth Circuit Court of Appeals at New Orleans on Jan. 10 upheld the order of U.S. District Judge Bryan Simpson for Duval County (Jackson ville) to end racial discrimination in the assignment of teachers and other personnel (Braxton et al v. Board of Public Instruction of Duval County). However, neither court set a deadline for the start of teacher desegregation. In the first half of 1963, two U.S. District Court judges in Kentucky ordered teacher desegregation to begin in four districts for 1963-64: Judge Mac Swinford in Lawrence v. Bowl ing Green Board of Education, and Judge H. Church Ford in Mack v. Frankfort Board of Education, Mason v. Jessamine County Board of Education, and Walker v. Richmond Board of Education. Oklahoma City also initiated deseg regation of its teachers and adminis trative personnel in the 1963-64 school year, by order of a federal district court. Judge Luther Bohanon directed the city school board to begin biracial faculty assignments in his order of (See 7 DECISIONS, Page 16) asked more time to work out teacher desegregation. Duval County was the only one appealing the decision. Upheld Plaintiffs The majority opinion by Chief Judge Elbert Tuttle of Atlanta upheld spe cifically the contention by the plain tiffs that “Negro children are injured by the policy of assigning teachers, principals and other personnel on the basis of race or color of the children attending a particular school.” The circuit court decision said: “The argument of appellants here is largely to the effect that no court heretofore has expressly required the elimination of teacher assignment by race or the planning of schools and finances to avoid racial operation of the schools. This argument, of course, falls far wide of the mark.” “There is clear and binding prece dent “to order full desegregation of teaching staffs,” the opinion declared. Judge Jones Dissents In a special dissent, Judge Warren Jones of Jacksonville said the U.S. Supreme Court school mandate of 1954 was based on findings of injury to pu pils. In the Braxton case, he declared, no such proof had been offered in connection with teachers beyond the general assertion of harm. “It is my belief,” he wrote, “that there should be proof made. I think it should be shown, if it can be shown, that the manner of assignment has a detrimental effect on the Negro chil dren.” Members of the Duval school board considered the ruling at their January meeting and asked Fred Kent, special legal representative, for recommenda tions. Kent suggested that the board seek a rehearing. Formal petition was filed with the court of Appeals on Jan. 25, automatically staying application of the order. (See FLORIDA, Page 16) DISTRICT OF COLUMBIA House Debates Civil-Rights Bill WASHINGTON T he House of Representatives opened debate on the ad ministration’s civil rights bill on Jan. 31 and began voting or amendments to the measure Feb 3. Supporters and opponents of the measure agreed to take a final vote before Lincoln’s Birthday, Feb. 12. The bill contains provisions to step up the pace of school desegregation, as well as sections dealing with voting rights, employment, administration of federal aid programs and the highly controversial public accommodations section. It also would make the U.S. Civil Rights Commission a permanent agency of the government. The measure reached the House floor after nine days of hearings by the House Rules Committee, which often has delayed or blocked civil- rights measures. Chairman Howard W. Smith (D-Va.) said he had felt “pres sure” from the leadership to expedite the bill. Chairman Emanuel Celler (D-N.Y.) of the House Judiciary Committee, Mason-Dixon Line Shoemaker, Chicago’s American which wrote the bill, led off the House debate. He said: “What we are considering, in ef fect, is a bill of particulars on a peti tion, in the language of our Constitu tion, for a redress of grievances. The grievances are real, the proof is in, the gathering of evidence has gone on for over a century. The legislation . . . places into balance the scales of justice, so that the living force of our Constitution shall apply to all people.” Rep. Edwin E. Willis (D-La.), the senior Southerner on the Judiciary Committee, called the bill “the most drastic and far-reaching proposal and grab for power ever to be reported out of a committee of the Congress in the history of our republic.” As the House debate got under way, President Johnson expressed the hope and belief that the civil-rights bill would be passed “without any crip pling amendments.” At a Feb. 1 press conference, Johnson was asked wheth er he thought the measure would face a filibuster in the Senate and, if so, whether it would be necessary to water down provisions of the hill. The President smiled and said the answer to the first question was “yes,” and to the second, “no.” In his State of the Union address to Congress on Jan. 8, the President ex pressed an urgent appeal for passage of (See HOUSE, Page 13)