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PAGE 4—JUNE, 1964—SOUTHERN SCHOOL NEWS ALABAMA Suits Seek School Desegregation In Montgomery, Bullock Counties MONTGOMERY Cuits WERE filed in the U.S. ^ District Court in Montgomery in May asking for desegregation of schools in Montgomery and Bullock counties. Both suits ask the court to enjoin the county school boards (in Montgom ery, the board is a city-county agency) from “operating a dual school system” for whites and Negroes. Petitioners in both cases (Carr v. Montgomery City-County Board of Education and Harris v. Bullock County Board of Education) asked for orders outlawing discrimination against Ne groes in assignment of students, teach ers and other school officials, in con struction o' new school buildings, in preparation of school budgets and in extra-curricular activities. Fred Gray, Montgomery Negro at torney, said he had written Montgom ery School Supt. Walter McKee and Bullock School Supt. Joe Stowers call ing for an end to school segregation. Gray said he received no reply from either. Assisting him in the case, which will be heard by U.S. Judge Frank M. John son Jr. when the hearing is scheduled, is NAACP attorney Jack Greenberg of New York. Alternative Asked As an alternative to a comprehensive desegregation order, the petitioners asked for “a complete plan in a period of time to be determined by the court for the reorganization of the entire school system” on a desegregated basis. The petitioners explained that they had not sought desegregation under the state’s School Placement Law because the law has been used to perpetuate segregation. The five Montgomery petitioners were listed as Arlam Carr Jr. by his parents; Bathesheba L.. John W., James G. and Phillip L. Thompson, by their parents. The Bullock petitioners are Ralph and George Hopson Harris, by their parents; and Patricia Ann Tarver, by her grandmother. In September, 1954, a group of Negro children sought admission to the then newly built Harrison grammar school in Montgomery. They were turned away and, except for petitions and let ters to the city-county board, this is the first legal action on that subject in the capital city. It also is the first in Bullock County. Other Systems Last fall, school were desegregated in Birmingham, Mobile, Huntsville and Macon County (although all white students withdrew from desegregated classes in Macon—see Schoolmen). A suit is pending to desegregate Gadsden schools (Etowah County) and Madison County (in which Huntsville is located although the suits are separate). All the desegregated districts are un der orders to expand desegregation, by some plan, by next fall. The Montgomery City-County board turned over legal action in the suit against it to its legal counsel. ★ ★ ★ Guardsman’s Sentence In Dynamiting Probated A National Guardsman, indicted in connection with a series of explosions near the University of Alabama campus at Tuscaloosa in November, was granted a year’s probation May 19 on his plea of guilty to a lesser charge of attempting to set off dynamite. Sgt. Norman R. Daniel of Fairfield, one of five guardsmen indicted for the explosions which caused no injuries and negligible property damage, had been sentenced to a 90-day jail term and fined $100 by Circuit Judge Reuben Wright. However, Wright accepted his plea for probation. The five were in the last remaining contingent federalized after Gov. George C. Wallace attempted to block the entry o' two Negro students at the university last June 11. Their com manding officer contended that the blasts were expressions of discontent over being retained in federal service and, as the men themselves said, were not intended to hurt anyone. Two of the blasts occurred near the dormitory where Negro coed Vivian J. Malone lived on the campus. The third was near a Negro night club. Two others also pleaded guilty and applied for probation. Trials remained to be held for the remaining two— Alabama Highlights Suits were filed in U.S. District Court to desegregate schools in Montgomery and Bullock counties. Three Negroes were graduated from Macon County High Srhool— the first of their race to receive dip lomas from a previously all-white school in the state. In Mobile, one of the two Negroes who desegregated Murphy High re ceived her diploma and immediately announced plans to seek enrollment at the University of Alabama. In what was widely regarded as a backlash to desegregation orders and pending suits, as well as to the civil- rights bill, Alabama voters gave a 6 to 1 victory to Gov. George C. Wal lace’s slate of independent electors (unpledged to support the national ticket) slate of electors. A Negro college professor, Tuske- gee Institute’s Dr. C. G. Gomillion, won Democratic nomination to the Macon County school board. Three other Negro candidates for other of fices also were nominated. Second Lt. James T. Perkins, 27, of Holt and Sgt. Charles Hollifield, 25, of Ma rion. ★ ★ ★ Alabamians Consider Prince Edward Decision The U.S. Supreme Court’s decision ordering the reopening of public schools in Prince Edward County, Va., was in terpreted in Alabama as meaning that desegregation could not be avoided by closing schools in a county. However, most observers believed that the court did not touch on the issue in Macon County, where Tuske- gee High was closed because there were not enough white students to justify its continued operation. State Attorney General Richmond Flowers said the ruling meant that Alabamians “must decide whether they want to have a statewide school system or not.” He expressed the opin ion that Macon Academy would not be affected because it is a private school, receiving no state funds. Even so, a request is pending before a three-judge panel, which completed the hearings on the Macon case in February (SSN, March, April, May) to join the Academy as a party to the orders the court may give. Chief among the petitioners’ requests is a statewide desegregation order premised on the State Board of Educa tion’s assumption o' local control (later rescinded) in ordering the closing of Tuskegee High. (SSN, February and previous.) ★ ★ ★ The U.S. Supreme Court ruled unani mously June 1 that the Alabama courts had unconstitutionally barred the NAACP from doing business in the state. The ruling climaxed an eight- year legal battle that had three times before gone to the Supreme Court (NAACP v. Alabama). In its decision, the court took note of a history of evasion of its previous rulings in the case. It told the Alabama Supreme Court to enter a prompt decree vacating the order that bars the NAACP from registering as a corporation in the state, and added: “Should we unhappily be mistaken in our belief that the Supreme Court of Alabama will promptly implement this disposition, leave is given the As sociation to apply to this Court for further appropriate relief.” Observers noted that it is highly un usual for the Supreme Court of the United States to offer to fashion “appropriate relief” for a state court. The move was regarded as one reflect ing impatience with the Alabama courts, which have steadfastly denied the NAACP an opportunity to comply with state registration requirements since 1956, when a “temporary” order was issued against the civil rights organization. Schoolmen Boycotted School Awards Diplomas To Three Negroes Three Negroes were graduated from Macon County High School at Notasul- ga May 21—the first of their race to receive diplomas from a previously all- white school in Alabama. They were ordered admitted to Tuskegee High School in Tuskegee last September, along with nine other Negroes. All white students withdrew, some to other public schools, others to the newly formed Macon Academy, a private school for whites instituted to preserve segregation. The white boy cott followed Gov. George Wallace’s intervention with state troopers who delayed school opening. In January, the State Board of Edu cation ordered Tuskegee High closed because, as the board said, it was un economic to operate a school for 12 children and 13 faculty members. U.S. District Judge Frank M. Johnson Jr. agreed that the operation was not fiscally sound, but directed that the 12 be equally divided between high schools at Notasulga and Shorter. Whites withdrew from these schools, too. On April 18, the high school at Notasulga was completely destroyed by fire—the work of arsonists, officials said. Threatening signs had been paint ed on the school just prior to the fire which destroyed the high-school wing of the three-element building, leaving only the grammar school and the audi torium. (SSN, May.) No White Students Johnson ordered them readmitted to whatever facilities were available. The six returned to classes in the audi torium April 30 and completed their senior year without hirther serious incident—but also without any white students, most of whom had already In the Colleges Graduate of Biracial School Applies at State One of the two Negro students who desegregated Murphy High in Mobile last September said May 26 that she intended to apply for admission to the University of Alabama for the fall term. Dorothy Davis, 17-year-old daughter of a longshoreman, received her di ploma May 28, along with Henry Hobdy. They were the first of their race to attend dese grcg ted classes in Mobile public schools. They were in a graduating class with 798 white seniors. Both were admitted to Murphy last September under court orders, which called for extension of deseg egation when the 1964-65 school terms begins. The young graduate said she planned to file application with the university as soon as possible. She intends to study Home Economics and said she was investigating the possibility of rooming with Vivian J. Malone, also of Mobile, who was admitted last June 11 despite University Gov. Wallace’s attempts to “stand in the schoolhouse door.” (SSN, July, 1963.) The university is under a permanent injunction to admit all qualified Negroes under a 1955 order. Miss Davis said her year at Murphy had been “all right,” adding that it “wasn’t much trouble after the first few days.” She said, however, that she and the other Negro admitted to the school were snubbed by white students. ★ ★ ★ One of the Negro students who helped desegregate Birmingham public schools last September has been ac cepted for enrollment at the University of Alabama, according to her attorney. She is Josephine Powell, who gradu ated from previously all-white West End High School on May 31, one of two Negroes admitted to that school under court orders. Southern School News Southern School News is the official publication of the Southern Education Reporting Service, an objective, fact-finding agency established by Southern newspaper editors and educators with the aim of providing accurate, unbiased information to school administrators, public officials and interred lay citizens on developments in education arising from the U. S. Supreme Court opinion of May 17, 1954, declaring compulsory segregation in the public schools unconsti tutional. SERS is not an advocate, is neither pro-segregation nor anti-segregation, but simply reports the facts as it finds them, state-by-state. Published monthly by Southern Education Reporting Service at 1109 19th Ave., S., Nashville, Tennessee. Second class postage paid at Nashville, Tennessee. OFFICERS C. A. McKnight Chairman Alexander Heard Vice-Chairman Reed Sarratt Executive Director Tom Flake, Director of Publications Jim Leeson, Director of Information and Research BOARD OF DIRECTORS Luther H. Foster, President, Tuskegee Reed Sarratt, Executive Director, Institute, Tuskegee Institute, Ala. Southern Education Reporting Serv- Alexander Heard, Chancellor, Vander- ice, Nashville, Tenn. bilt University, Nashville. Tenn. John Seigenthaler, Editor, Nashville C. A. McKnight, Editor, Charlotte Ob- Tennessean, Nashville, Tenn. server, Charlotte, N.C. Don Shoemaker, Editor, Miami Herald, Charles Moss, Executive Editor, Nash- Miami. Fla. ville Banner, Nashville, Tenn. Be l+ Struby General Manager, Macon John N. Popham, General Managing Telegraph and News Macon, Ga. a— Ch„„. '^cLEoShSS'sS' r r. 00 ^ a 'n Te L n L n ' „ . , „ Henr y >• Willett, Superintendent of Felix C. Robb, President, George Pea- Schools, Richmond, Va. body College, Nashville, Tenn. Stephen J. Wright, President, Fisk Uni versity, Nashville, Tenn. CORRESPONDENTS ALABAMA William H. McDonald. Chief Edi- to-ial Writer, Alabama Journal, Montgomery ARKANSAS William T. Shelton, City Editor, Ar kansas Gazette, Little Rock DELAWARE James E. Miller, Managing Editor, De'aware State News, Dover DISTRICT OF COLUMBIA Erwin Knoll, Washington Bureau, Newhouse Newspapers FLORIDA Bert Collier, Editorial Writer, Miami Herald GEORGIA Joseph B. Parham, Editor, The Macon News KENTUCKY James S. Pope Jr., Sunday Staff, Louisvil'e Courier-Journal LOUISIANA Patrick E. McCauley, Editorial Writer, New Orleans Times-Picayune MARYLAND Edgar L. Jones, Editorial Writer, Baltimore Sun MISSISSIPPI William Peart, Staff Writer, Jackson Daily News MISSOURI Robert H. Collins, Staff Writer, St. Louis Post-Dispatch NORTH CAROLINA Luix Ove-bea, Staff Writer, The Journal-Sentinel, Winston-Salem OKLAHOMA Leonard Jackson, Staff Writer, Okla homa City Oklahoman-Times SOUTH CAROLINA William E. Rone Jr., City Editor, The State, Columbia TENNESSEE Ken Morrell, Staff Writer, Nashville Banner TEXAS Richa'd M. Morehead, Austin Bu reau, Dallas News VIRGINIA Overton Jones, Associate Editor, Richmond Times-Dispatch WEST VIRGINIA Thomas F. Stafford, Assistant to the Editor, Charleston Gazette SUBSCRIPTION RATES One year (12 issues), $2. Groups; five or more copies to different addressees, $1.75 each per year; five or more copies to one addressee, $1.50 each per year. Add 50 cents to above rates for orders outside U.S., Canada and Mexico. Single copies, any issue, 20 cents each. Ten or more copies, any one issue, 15 cents each. MAIL ADDRESS P.O. Box 6156, Nashville, Tennessee 37212. | enrolled in the Academy or in adjoin ing counties. The all-white grammar school, sep arated from the auditorium by a cov ered walkway, remained in operation. The graduation ceremony was simple and quiet, attended by the other three Negroes at Notasulga—all underclass men, as were the six assigned to the boycotted school at Shorter. The graduates were William Wyatt, j Anthony Lee and Robert Judkins. ! They received their diplomas from 1 Principal Dan Clements. Political Action School-Race Issues Figure in Victory Of Unpledged Slate In the May 5 Democratic primary in Alabama, Gov. Geo.ge Wallace’s slate of unpledged electors (not bound to support the national party ticket in November) won by a margin of six to one over the “loyalist” slate. The size of the sweep was generally attributed to a protest against school deseg egation and the civil-rights bill. Wallace followed this up by getting the biggest percentage of votes in the three presidential primaries he has en tered—Wisconsin, Indiana and Mary land. He took 43 per cent of the Mary land vote, campaigning primarly on states rights and against what he called federal encroachments in matters of school segregation and against the civil-rights bill. He said the size of tlie vote was a victory for the Souther 11 viewpoint. (See Maryland report.) In Tuskegee, Macon County, 1 1 Negroes now have the majority voters, unpledged electors were ? e jected and Dr. G. C. Gomillion, TusW | gee Institute professor, was nomina for a place on the Macon school board. Three other Neg r oes > nominations to offices unrelated schools. I I Negroes outnumber whites by 111 than five to one in the county. Magic Carpet