Below is the OCR text representation for this newspapers page.

PAGE 20—APRIL, 1964—SOUTHERN SCHOOL NEWS VIRGINIA Prince Edward School Case Again Before Supreme Court (Continued From Page 1) school desegregation decision of May, 17, 1954. The county’s public schools have been closed since the fall of 1959 to avoid desegregation. Carter and the U.S. Solicitor General Archibald Cox, who appeared as a friend of the court, argued that Vir ginia was depriving the children of Prince Edward—Negro and white—of equal protection of the laws by failing to provide public schools. But Attorney J. Segar Gravatt of Blackstone, Va., representing the county authorities, and Virginia Assistant Attorney General R. D. Mcllwaine III firmly maintained that the court had no authority or obligation to direct that the schools be reopened. “Whatever you do,” Gravatt told the court, “don’t take the school de segregation decision and use it as a compulsion against people. Let’s not, in the name of what we think may be a good thing, take away the liberties of people.” ‘An Entire Generation’ Carter, who reviewed for the court the tangled history of Prince Edward litigation in state and federal tribunals, declared that “an entire generation of Negro children” has been deprived of desegregated schooling since the first suit was filed in 1951. He said that while Prince Edward had not resorted to violence or armed force to prevent desegregation, its school closing merely constituted “a more genteel attempt to evade the Constitution.” “These children of Prince Edward County, and Negroes throughout the country, are entitled to education with out discrimination,” Carter said. He did not argue that every state has a legal obligation to provide free public schooling to its children. But he said a state could not “abandon public schools in defiance of the Con stitution,” once it had established an education system. Cox’s Argument Solicitor General Cox said the en tire state of Virginia—not just the county—must bear responsibility for “this experiment in ignorance.” He urged the Supreme Court to hand down a decree that would: • Direct the Supervisors of Prince Edward County to levy the taxes needed to operate public schools. • Direct the school board to appro priate the funds for school operations. • Enjoin the State Board of Edu cation from failing to operate schools in Prince Edward while schools are open elsewhere in the state. • Continue in effect, lower-court injunctions against the use of state tuition grants and other public assis tance to private schools while the pub lic schools remain closed. County’s Position Gravatt told the Supreme Court that he found it “extremely difficulty” to see what rights had been denied to the Negro plaintiffs of Prince Edward County. By taking advantage of a “local option” provided by the state, Gravatt argued, Prince Edward authorities had “enlarged the liberty of its citizens” by giving them the choice of attending private schools. He said the same op- ln the Colleges Sweet Briar, a private college for women located near Lynchburg, Va., announced March 23 that it has em ployed an attorney to secure a judicial determination of whether the institu tion may admit Negro students. The announcement by the school’s president, Dr. Anne Gary Pannell, said: “Sweet Briar College has engaged Mr. Frank G. Davidson, Jr., of the firm of Caskie, Frost, Davidson and Watts, 925 Church St., Lynchburg, as legal counsel to secure a judicial determina tion regarding certain restrictions in the will of Indiana Fletcher Williams, founder of Sweet Briar College. “Mr. Davidson has been asked to pre pare legal documents to seek a de cision such as is sought by the trustees of many charitable trusts and bequests in many courts throughout the coun try, to interpret wills, bequests and trusts in the light of changing con ditions.” In her 1900 will, Mrs. Williams pro- portunities provided to white pupils by the Prince Edward School Founda tion could have been made available to Negroes, had they been willing to take advantage of them. Some 1,300 white students attend schools sponsored by the foundation. The schools have been supported by private contributions and tuition pay ments since the use of state and county funds was barred by a court order three years ago. The county’s 1,700 Negro students were without any for mal schooling until last fall, when the Prince Edward Free School Associa tion was set up at the initiative of Attorney General Robert F. Kennedy. The association, financed by about $1 million in private contributions, is op erating a one-year intensive instruc tion program. Gravatt told the Supreme Court that the county has “an absolute right not to levy taxes or appropriate money” for public schools, and that “this right cannot be breached by the Judiciary.” ‘State Matter’ “Education and the method by which it is provided is a state matter—not a federal matter,” Gravatt declared. Dur ing one plea for preservation of the “freedom” of the county’s citizens, Gravatt was in- terrupted by Chief Justice Earl Warren, who said he thought the Negro children had been given “freedom to go through life with out an education.” Assistant Attorney General Mc llwaine argued that a locality’s de cision to close public schools rather than desegregate them “violates the constitutional right of no one.” “There is no judicial power in any court in the United States to tell a city it must levy a tax for any pur pose,” Mcllwaine said. In an amicus curiae brief filed with the Supreme Court on March 30, the National Education Association called for reopening of the Prince Edward County public schools on grounds that “those who are left without the instruc tion which our society commonly pro vides are deprived of the opportunity lead a useful, purposeful life within the American social structure.” ★ ★ ★ FVop S-linol rontjn'nnre With G Continuation of the Prince Edward Free School svstem next vea r , w'th the aid of public tuition grants, was proposed March 26 bv J. Se<?a>- Gravatt. special counsel for the Prince Edward Board of Supervisors. The idea was quickly rejected by Negro leaders and by the federal offi cial who was instrumental in setting the Free Schools established last fall. The Free School system, privately fi nanced, was set up through cooperation of federal, state and local officials pri marily to oro-mde formal education for Prince Edward County Negroes. The Free School system was estab- vided money for the establishment of “Sweet Briar Institute for the educa tion of white girls and young women.” The Sweet Briar board of overseers announced last November that a ruling concerning the admission of Negroes would be sought. Vocational School Opens on Biracial Basis The new Southside Vocational School opened at Crewe March 16 with both whites and Negroes in attendance. The school is being operated under the National Manpower Development and Training Act. Officials said 57 stu dents had registered, but they did not announce how many were Negroes and how many were whites. The school serves an eight-county area in which relatively little public school desegregation has occurred. It provides vocational training for young persons 17 through 21 years of age. Virginia Highlights Attorneys argued before the U.S. Supreme Court whether Prince Ed ward County should be required to reopen its long-closed public schools on a desegregated basis. Fairfax County is not discriminat ing against Negroes in school as signments even though some all- Negro schools are being operated. U. S. District Judge Oren R. Lewis ruled. The Virginia General Assembly ended its biennial session without having made any changes in the state’s freedom-of-choice school de segregation program. lished with the announced intention of operating for one year only. But on March 26, Gravatt suggested that the Free School Association seek state- local tuition grants and continue oper ating for another year. “The idea will not hold water that the only way for children to get an education is for the board of supervis ors to provide funds,” Gravatt said. But the Rev. L. Francis Griffin, coun ty NAACP president, said Negroes “re main adamant in their position that public funds should not be used for private schools.” William J. vanden Heuvel, special assistant to U. S. Attorney General Robert F. Kennedy, said the Free School Association was formed “on the assumption that these [legal] questions would be cleared up by September.” He added: “To keep the Free Schools going an other year is not the answer to any thing.” Meanwhile, plans for a seven-week summer session for children attending the Free Schools were made by the association’s board of trustees meeting in Richmond March 21. Classes will be held at all five of the schools now being operated by the Free School Association. The exact dates were not announced. Approximately 1,600 children are at tending the schools now, and answers from queries submmitted to parents in dicate that the summer enrollment will be about 1,000 or 1,100. ★ ★ ★ Dr. Neil V. Sullivan, superintendent of the Prince Edward Free Schools, will become superintendent of schools in Berkeley, Calif., in the fall, it was announced April 1. Dr. Sullivan, 48, came to Prince Edward on a one-year leave of absence from the superintendency of East Wil- liston, N.Y., public school system. He said that although there were two more years in his East Williston con tract, he and the board of education there “mutually agreed” to end the contract. He had been with the East Williston schools for six years. Dr. Sullivan introduced the non- graded and team-teaching concepts at East Williston. He said these innova tions “are no longer new and every thing is running smoothly now.” He said also that East Williston is a predominantly white school district and that after working a year in Prince Edward with the two races he felt he would enjoy continuing in that type of work. The Berkeley district is multiracial, with large white, Negro and Chinese-Japanese populations, ac cording to Dr. Sullivan. As to why he was not staying in Prince Edward, Dr. Sullivan said the county has “a very active and very competent superintendent” in T. J. Mcllwaine. Also, he said, the Free Schools were set up with the definite stipulation that they operate for only one year. ★ ★ ★ Free Schools Students In Biracial Audience About 25 Negro students of the Prince Edward Free Schools attended a drama performance at Longwood Col lege on Saturday night, March 14. It was said to be the first time that a de segregated audience had attended a student function at the college. The play, “She Stoops to Conquer,” was performed by students from Long- wood and from Hampden-Sydney Col lege. Longwood is a state-supported Sweet Briar College To Seek Ruling on Admitting Negroes girls’ college in Prince Edward County, and nearby Hampden-Sydney is a men’s college associated with the Pres byterian Church. Arrangements for the Free School students to secure tickets for the play were made at the request of Dr. Neil V. Sullivan, superintendent of the Free School system. Dr. Sullivan said glee clubs of Longwood, Hampden-Sydney and the Prince Edward Academy (the private white high school) would be invited to perform at the Free Schools. Legal Action Judge Lewis Rules No Diseriinination In Fairfax Suit Although they still operate eight all- Negro schools, Fairfax County authori ties are not discriminating against Ne groes in school assignments, U. S. Dis trict Judge Oren R. Lewis of Alex andria ruled March 4. (Blackwell v. School Board of Fairfax County.) Attorney Otto L. Tucker, on behalf of several Negro children, had con tended that the county discriminates against Negroes by maintaining all-Ne gro schools. Judge Lewis said, however, that the 2,101 children who attend the all-Ne gro schools do so “solely on account of their place or residence or by choice.” He said there was no evidence of “gerrymander ing school attend ance areas for the purpose of per petuating the all colored schools.” Under the Fair fax plan, students entering the school system for the first time are assigned to the schools nearest their places of residence. Negroes already in Negro secondary schools can apply for transfer to white schools if they live closer to the white schools. Approximately 430 Negroes are at tending 44 formerly all-white schools in the county. The Negro plaintiffs noted an ap peal from Judge Lewis’ ruling. ★ ★ ★ Pupil Assignment Plan Gets Approval The Richmond School Board’s pupil assignment system basically was ap proved by Judge John D. Butzner, Jr., on March 17 in the U. S. District Court at Richmond (Brady v. School Board of the City of Richmond.) Under the Richmond plan, children may apply to attend any school in the city. In making assignments, school authorities may consider the distance a pupil lives from the schools involved, capacity of the schools, whether a pu pil’s academic program can be met by the school of his choice, and “the best interest” of such pupils. Judge Butzner said hat “the best interest criterion is unduly vague.” said that while no children had beta denied admission to any schools be- cause of that criterion, the provision should be changed to clarify what h meant by “best interest.” ★ ★ ★ Surry Board Asks School Re-Opening Appeal Dismissal It would be impossible to open Surry County’s fomerly all-white school this semester, the county school board said in a brief filed March 9 with the U. S. Fourth Circuit Court of Appeals at Richmond. (Pettaway v. School Board of Surry County.) The board said the court should dis miss as moot (of no practical signifi cance) an appeal by Negro attorneys to have the school re-opened during the current school year. The board said that practical consid erations, such as staffing of the school, would make re-opening this semester impossible. The county closed its only white school last fall after all the white pupils withdrew to enter the private, j segregated Surry Academy. Seven Ne gro pupils had been assigned to the school by the State Pupil Placement , Board. In another brief, the county’s board of supervisors defended the closing of the school in these words: “It is submitted that the private action of the people of Surry county [in withdrawing from the school] left the school board and the board of su pervisors with no alternative except , to follow the course which actually was followed. “These private acts of the private [ citizens of Surry were taken in pursu ance of liberties protected by the Con- stitution of the United States. “We do not understand how the ( board of supervisors or the school Ixjara can be criticized for adjusting the nsca policy of the county to these private actions.” , i The Surry case will come before tn Fourth Circuit Court for hearing <> n April 27. Legislative Action F reedom-of-Choict* Law Left Intact : Virginia General Assem \ 1 its biennial session Mar* ut making any changes 3 freedom-of-choice school deses ion program. ^ ,s to abolish the tuition S r _ am, or to put the program o option basis, were killed in a ) e. Also killed in committee vhich would have elimina ^ j option provision of the ulsory attendance law. ^ • bills in question were S P°^° embers of the Republican the legislature. There are 1 . , The Region (Continued in those cases, the NAACP said that negotiations for similar arrangements were under way in four other North Carolina desegregation cases. The NAACP said that by using such free dom-of-choice plans, instead of stair step plans, a desegregated education becomes available to all Negro children who want it. Before the U. S. Supreme Court, the U. S. Department of Justice appeared as a friend of the court and joined the NAACP in its opposition to gradual plans. They argued that “any system that starts with initial racial assign ment and depends on transfer after wards does not comport” with the court’s original school decisions. Reverse Stairstep Atlanta began with the 12th and 11th grades in 1961, and has added a grade a year in descending order. The city has 145 Negroes in biracial schools. The NAACP told the court that desegrega tion will not reach the first grade until om Page 1) 1971, and the results of racial ments will not be phased out u n , od The attorney for the Atjan {in board urged the court to allow i uation of a gradual transition a totally segregated system to regated one.” -a yea* 5 “We don’t propose to take , s ys- to desegregate the Atlanta sc t tern,” the board’s lawyer sai ^ don’t propose to do it tomorr° ^ Jo are allowed gradualism bu want to show motion.” Atlanta’s grade-a-year pm® . t coU^ upheld by both the U. S. Dis t of and the U. S. Fifth Circui Appeals. ho0 l sU ” Prince Edward County s sc ^ v -a-- lates back to before 1954, w gati* me of the original school s -ubl 11 :ases. The county closed ga ti* chools in 1959 to avoid a deses ^ irder, and the school board gupre irf he court once again. e {he ■ 7ourt has heard argumen s jality of tuition grants ichools.