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PAGE 8—MARCH, 1964—SOUTHERN SCHOOL NEWS
TENNESSEE
Court Approves
Shelby County’s Desegregation Plan
NASHVILLE
U .S. District Judge Marion S.
Boyd on March 3 approved
a plan under which all 12 grades
in the Shelby County school dis
trict will be desegregated in Sep
tember.
Submitted by the Shelby County
Board of Education last August in re
ply to a suit filed by the National
Association for the Advancement of
Colored People, the plan calls for de
segregation of all of the district’s 58
schools.
Included in the plan was a provision
for transfers of students from one
school to another, with each transfer
application requiring the approval of
the transferee’s principal, the county
superintendent and the board.
The plaintiffs, who had asked for de
segregation of the school system under
a plan requiring a ratio of 68 per cent
white students and 32 per cent Negro
students in each school, indicated they
may appeal Judge Boyd’s approval of
the school board proposal.
Shelby County, which operates
schools surrounding Memphis, deseg
regated its first school last Septem
ber. Six Negro students entered previ
ously all-white Millington Elementary
School near the Millington Naval Sta
tion.
The district has about 41,300 stu
dents, including about 13,215 Negroes.
‘In Full Compliance’
In his ruling, which came after a
two-day hearing, Judge Boyd said the
board’s plan “in all respects (is) a
sound one ... as far as the court can
tell. It is in full compliance with the
letter and the spirit of the law.”
The judge noted that, under the
plan, “any student without regard for
race or color at any grade level may
change to any other county school lo
cated in the same general school area.
He has . . . complete freedom of choice
in the matter.”
Russell Sugarmon, Negro attorney
representing the NAACP, attacked the
plan as inadequate and said:
“Resorting to a transfer policy with
out an attempt to reorganize the sys
tem is not legal.”
Sugarmon said the NAACP’s legal
department in New York will be ad
vised of the court’s ruling and that
“an appeal is not unlikely.”
Ratio of Races
Plaintiffs had requested approval of
their plan on the basis that the 68-32
ratio applies throughout the district.
Judge Boyd,
however, said the
plan “seems to
compel racial bal
ance and is not
practical or work
able. The racial
plan simply
wouldn’t work in
this case. It is not
the answer.”
County Attorney
Lee Winchester
said that the
school board plans to “meet its re
sponsibilities with all deliberate speed.”
But he added:
“We do not intend to make a little
Negro child leave school when he is
situated and satisfied and content, just
to satisfy the whims of a group which
feels the Negro is not making enough
progress.”
Supt. George Barnes and three Negro
school principals testified during the
hearing in support of the school board’s
plan.
Calls Plan ‘the Best’
One of the principals, Guy E. Hoff
man, told the court the board’s plan
was “the best . . . without reservation.”
Hoffman, who has served as a principal
for 37 years, said the NAACP proposal
“just couldn’t be done.”
Another principal, Roy J. Roddy, said
he believed “that in time the faculty
and student body will be integrated.”
The board’s plan also called for or
ganization of biracial committees to
work for a smooth transition.
“We have to bring about a commu
nity acceptance of the plan,” Win
chester said.
Memphis is now in its third year of
desegregation, having voluntarily ad
mitted Negroes to formerly all-white
classes for the first time in the fall of
1961. The district, under a plan later
approved by federal court, now has
287 Negroes attending the first four
grades of 14 predominantly white
schools.
Schoolmen
Knoxville Board
Agrees to Make
All Grades Biracial
Knoxville schools will be desegre
gated in all grades in September, the
U.S. Sixth Circuit Court of Appeals at
Cincinnati was told on Feb. 20.
The announcement came from S.
Frank Fowler, attorney for the Knox
ville Board of Education, as the court
prepared to hear arguments on an ap
peal by Negro plaintiffs in the Knox
ville school desegregation suit.
Fowler’s announcement was based on
informal action taken by the Knoxville
Board of Education on Feb. 19 in what
was described as a secret session.
The attorney told the court that the
board had authorized him to advise the
tribunal that a plan will be filed by the
end of the current school year calling
for desegregation of all 12 grades ef
fective with the opening of the 1964-65
year in September.
Order Filed
An order, agreed to by attorneys
representing both sides, was filed with
the court, which did not hear the ap
peal arguments in view of the board’s
announcement.
Fowler said the order “assures that
this (desegregation of all 12 grades)
will be done.”
Knoxville, which began court-or
dered desegregation in 1960, now has
about 220 Negro students attending bi
racial classes in the first six grades of
13 previously all-white schools.
Under orders from the appeals court
to accelerate its previous grade-a-year
desegregation, the board admitted Ne
groes to biracial classes in the third
and fourth grades in the fall of 1962
and in the fifth and sixth grades last
fall.
The new plan will be filed with U.S.
District Court in Knoxville, which had
approved the other plans in the suit
(Goss et al. v. Knoxville Board of Ed-
cation) filed in 1957.
County May Follow Suit
Meanwhile, the chairman of the Knox
County Board of Education said the
county school system which operates
schools surrounding Knoxville may
follow the city’s action in extending
desegregation to all grades.
The official, Hop Bailey, said if the
action is taken by the city district “it
is my considered opinion that . . . the
county would do likewise.”
The Knox County district voluntarily
began desegregation in 1960 and has
kept pace with the Knoxville plan.
About half of the district’s 100 Negro
students are attending biracial classes
in the first six grades at three schools.
Commenting on the Knoxville board’s
announcement, Nashville attorney Avon
N. Williams Jr., counsel for the plain-
Tennessee Highlights
The Shelby County Board of Edu
cation’s plan to desegregate all 12
grades in the district in September
received approval on March 3 of
U.S. District Judge Marion S. Boyd.
The remaining six grades will be
desegregated in September in the
Knoxville school district, a school
board attorney advised the U.S. Sixth
Circuit Court of Appeals. The chair
man of the Knox County Board of
Education said his system may take
similar action.
Under criticism for failing to nom
inate a Negro to fill a vacancy on
its board, the Chattanooga Board
of Education was reported to be
studying its next move.
Metropolitan Mayor Beverly Briley
appointed a nine-member board of
education, including one Negro, to
govern Nashville and Davidson Coun
ty’s new consolidated school district.
U.S. District Judge Charles G.
Neese ordered the Franklin County
School Board to file an amended de
segregation plan in a hearing that
came one day after the district began
biracial classes at one school.
U.S. District Judge Bailey Brown
was requested by Negro plaintiffs to
set an early hearing in the Madison
County school desegregation case.
An immediate study of “discrimi
natory practices” in educational in
stitutions and other fields has been
suggested by the Tennessee Commis
sion on Human Relations.
tiffs, said “it re
mains to be seen
whether or not
the board will
submit a plan
which will ac
complish in good
faith the desegre
gation of the
school system.”
Williams said
the order agreed
upon by attorneys
would eliminate
segregation in all phases and programs
of the school system and, in his opin
ion, also would include teachers.
There was no discussion of teacher
desegregation before the court.
The plaintiffs had appealed Judge
Robert L. Taylor’s approval of the
board’s accelerated plan.
Dr. John Burkhart, Knoxville school
board chairman, said on Feb. 21 that
the board’s decision was an “oral con
tract” but that it was not made at an
official, on-the-minute-books meeting.”
Dr. Burkhart said the informal action
would be confirmed officially by the
board later.
The chairman also contended the de
cision was not made at a “secret” ses
sion as he commented upon the fact
that there was no public announce
ment of the plan until the Court of
Appeals convened to hear the argu
ments.
“It was just a meeting of a client
(the board) with its attorney before the
trial,” Dr. Burkhart continued, “it was
no secret or organized meeting.”
The announcement also came as a
surprise to counsel for the plaintiffs,
who indicated to the court that the
board’s action would accomplish the
goal of the Negro students in the suit.
Called ‘Major Step’
The Knoxville News-Sentinel, in an
editorial on Feb. 22, called the action
“a major step forward in making Knox
ville a genuine ‘open city.’ ” But it
commented:
“We see no good reason, however,
why the board did not give out the
news of its ‘informal’ decision im
mediately after it was reached, instead
of letting it come out up in Cincinnati.
“This is not the first time the school
board has failed to transact public busi
ness in public, and it has become ex
tremely disturbing.
“The city board’s action doubtless
will lead Hie county school board to
follow suit in the very near future.
Thus this community will be among
leaders in areas this size where com
plete desegregation will be in force in
the public school system. . . .”
Legal Action
Court Directs
Franklin County
To Amend Plan
The Franklin County School Board,
which began court-ordered desegrega
tion in one school on March 2, was
directed by U.S. District Judge Charles
G. Neese on March 3 to amend its de
segregation plan.
Judge Neese ruled after plaintiffs in
the suit (Hill et al vs. the Franklin
County Board of Education, SSN, Jan
uary), filed a motion for further relief.
On the previous day, 13 Negro stu
dents transferred from an all-Negro
school to previously all-white Sewanee
Public School, under the court’s Jan
uary order.
Nashville attorney Avon N. Williams
Jr., counsel for the plaintiffs, said he
filed a motion for further relief after
about 25 applications for transfers from
other Negro students were rejected by
school officials.
Calls Plan ‘Unlawful’
Neese called the transfer plan “very
definitely discriminatory and unlaw
ful” and ruled that the board submit
an amended plan creating zones in the
Sewanee school district and assign
pupils to schools according to their
places of residence.
The judge directed that the amended
plan be placed into effect no later than
March 12.
There was some indication that the
amended plan may result in the trans
fer of some white students from Se-
wanee Public School to the now all-
Negro Kennerly Elementary School
Under the court’s latest order, Negro
students who began attending the pre
dominantly white school may continue
to do so regardless of the zone in which
they may be placed in the amended
proposal.
Still Pending
Still pending before Judge Neese is
a school board proposal establishing a
timetable for beginning biracial classes
in each of eight geographical zones,
including one or more civil districts,
in the lower Middle Tennessee county.
Supt. Lewis H. Scott said on March
2 that school officials had approved the
transfer of six other Negro students to
Sewanee Public School, but that they
did not appear for classes.
Also included in the court’s January
order was the desegregation of Ken
nerly School. But no white students
applied for transfers to that school
according to Scott.
The rejected transfer applications
were turned down, Scott said, because
“we did not have room” at Sewanee
Public School.
Negroes enrolling in the school in
cluded first, third, fourth, sixth and
seventh graders.
The county has about 6,400 students,
including about 700 Negroes. Its county
seat is Winchester.
★ ★ ★
Negroes Ask Court
For Early Action
Negro plaintiffs have urged U.S. Dis
trict Judge Bailey Brown to set an
early hearing in the Madison County
school desegregation suit.
Avon N. Williams Jr., Nashville at
torney representing the plaintiffs, said
on Feb. 29 that he had made the re
quest in a letter to Judge Brown.
Hearing in the suit has been pending
since last year while an appeal by one
school board member for a jury trial
in the case was taken to the U.S. Sixth
Circuit Court of Appeals and to the
U.S. Supreme Court, which on Feb. 17
denied a petition of certiorari.
The board member, Taylor Robinson,
filed a petition for a writ of mandamus
seeking the jury trial after Judge
Brown on June 2, 1963, ruled that th e
question of desegregation could not be
submitted to a jury. The appeals court
later rejected the petition.
In response to an order by Judge
Brown, the school board last year sub
mitted a plan for gradual desegregation,
calling for biracial classes in the firs
three grades of the school system ui
September. Grades four, five and six
were to have been desegregated in the
fall of 1964, under the plan, with gra os
seven and eight in 1965 and a g ra e
each year thereafter.
Proceedings in the case,
were delayed because of Robinson s po
(See TENNESSEE, Page 9)
Chattanooga
The Chattanooga Board of Education
at the end of February was reported to
be studying its next move toward fill
ing a vacancy on the board. A Negro
organization had leveled criticism be
cause a Negro was not nominated.
During the month, the board nomi
nated druggist Daniel David (Dee)
Coleman to succeed Raymond B. Witt
Jr., whose term on the board expired
in February and who asked that he
not be considered for another term.
But the City Commission failed to
confirm Coleman’s nomination. The
motion presenting Coleman’s name to
the commission for approval failed for
lack of a second.
Some members of the commission
have expressed the opinion that a Ne
gro should be nominated to serve on
the board and, according to the Chatta
nooga Times, this was the reason the
commission did not confirm Coleman.
No Negroes are members of the
board at the present.
Three courses were said to be open
to the board, the nomination of an
other white person, the nomination of
a Negro or a decision to take no action
at this time. In the event of no action,
Witt would continue to serve until a
successor is appointed.
The Chattanooga Council for Cooper
ative Action issued a statement on Feb.
14, asserting that the failure of the
school board to nominate a Negro was
Board Studies Next Move on Vacancy
a “grave mistake” and “void of logic
or justification.” The Negro organiza
tion said a “well qualified” Negro had
been recommended by a screening com
mittee and that Negroes make up from
43 to 46 per cent of Chattanooga’s
population.
The statement noted that while the
City Commission has the power to re
ject the nominee of the school board,
it “cannot elect another person of its
choosing.”
“Thus the power to elect rests, almost
totally, with the school board,” it con
tinued.
Called ‘Incredible’
The statement said:
“It is incredible, almost unbelievable,
that the Chattanooga school board
should have again ignored the many
requests from both the Negro and white
communities to nominate a Negro for
membership on the board.”
Two of the board members, Witt and
G. Paul Sams, voted for Dr. Lonnie
Boaz, a Negro physician, as the nominee
during the meeting at which Coleman
was selected.
The board said in January that it
would nominate “the best qualified”
person from a list of three recom
mended by a citizens’ screening com
mittee.
Witt’s term expired on Feb. 15.
Metropolitan Board
Named in Nashville
A nine-member board of education,
including one Negro, was appointed
on Feb. 22 to govern Nashville and
Davidson County’s consolidated metro
politan school system beginning July 1.
Mayor Beverly Briley announced the
appointments, eight of which were con
firmed March 3 by the Metropolitan
Council.
A transitional board of education has
operated the separate Nashville and
Davidson County systems since the two
local governments were consolidated
last year. Previously, separate boards
governed the districts.
Arna Bontemps, librarian at Fisk
University and author, was the Negro
appointed by the mayor to serve on the
new board. The old city board included
one Negro but no Negroes were mem
bers of the old county board.
Others named by the mayor included
L. C. Biggs, K. Harlan Dodson, C. R.
Dorrier, Mrs. Irwin B. Eskind, Walden
Fabry, Mrs. C. F. Mager and S. L.
Wright. The ninth appointee, Robert L.
Wright, withdrew before the council
acted on the confirmations.
Some Negro leaders had asked Briley
to name at least two Negro members t
the new board.
Dr. Walter S. Davis, president of
State University, was the only .
, - . schoo*
member
board.
of the transitional sc
★ ★ ★
ssociation Merger
iscussed in Memphis
rhe Bluff City Education Associah 0 ^
organization of Negro iea f e ^
nsidering the possibility o
ips toward a merger with e n
rite Memphis Education Associa ^
Nat D. Williams, president ^ be
:gro group, said on Feb. 2b cUS -
s participated in preliminary u-
,ns with William M. Wicker,
nt of Memphis Education Ass
ward finding mutual areas
: can get together.” ^
Wicker said there had bee ^
change of information” betwee
o groups. jneio-
Williams emphasized that n° ^
rs of either organization to d a
ted or have been working ^tioO
:rger. He said the Negro ^ th e
d scheduled a meeting to ^
ssibility of a joint session or ^
itive officers and those o