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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