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p k' Factual VOL. II, NO. 5 SPECIAL REPORT Johnson To Push Welfare; No Rights Action Likely B> ERWIN KNOLL WASHINGTON raced by a sweeping national victory and supported by an 1 overwhelmingly Democratic Con gress, President Johnson will propose new social welfare legis lation, including increased federal aid to education, as components of the “Great Society” he prom ised during his campaign. But no new legislation directly af fecting school desegregation—or any other civil rights activity—is contem plated by the administration for the new session of Congress, j Administration leaders are satisfied with progress under the Civil Rights Act of 1964, and expect that much will be accomplished under the new law in the coming year. Federal agencies—including the U.S. Office of Education—which waited un- I til after election day to begin imple- I menting Title VI of the act will shortly issue regulations governing the with holding of government aid. Title VI authorizes the agencies to cut off aid funds from segregated programs or activities. Recommendations Expected A presidential task force now work ing on proposals in the education field is expected to recommend programs stressing increased opportunities for minority groups and children living in urban and rural slums. The President i himself made it clear in the campaign that he will ask Congress to establish a national scholarship program de- 1 signed to provide greater access to higher education. In a number of his campaign speeches, including major addresses in New York City and Cleveland, Sen. Barry Goldwater stressed his opposi tion to “busing” as a device for ending racial imbalance in the schools. The Republican candidate also affirmed his support of “the right not to associate” as a corollary of “the right to associ ate.” But the widely predicted “white backlash” failed to materialize on a large scale in any but the five Deep I South states carried by Goldwater— Mississippi, Alabama, Louisiana, South Carolina and Georgia. Republican in roads in these states were expected to weaken, if not destroy, the traditional “coalition” of Southern Democrats and conservative Republicans that has suc cessfully blocked many administration programs. Creation of vigorous Republican competition in the Deep South, con gressional observers theorized, is likely to force many Southern Democrats to identify themselves more closely with their national party and its programs. Activity by Negroes Civil rights leaders, who successfully maintained an embargo on demonstra tions during the campaign period, took some credit for the President’s land slide victory and predicted increasing political activity by Negroes. James Farmer, national director of the Congress of Racial Equality (CORE), said his organization would set up a political action department in Washington next year to lobby for federal programs “that are relevant to the Negro community.” Negro efforts to step up the pace of desegregation in the South and to end de facto segregation in the North were expected to continue. The Rev. Martin Luther King, head of the Southern Christian Leadership Conference and winner of the 1964 Nobel Peace Prize, predicted “a resumption of demonstra tions to dramatize the indignities and injustices that we still face, particu larly in the states of Alabama and Mississippi.” Po’ Eliza Zschiesche, Greensboro Daily News SOUTH CAROLINA Supreme Court Rejects Ethnic Difference Plea I COLUMBIA T^he United States Supreme Court rejected without com- 1 ^ nt on ®ct. 12 an argument in a South Carolina case that ethnic differences between the races should be a factor in school place- 1 Rient. The issue arose out of a Charleston pV® (Brown v. School District 20 of County), which brought I scb Ut i ®° ut L Carolina’s first public i desegregation in September of 1 court 6 i, aPPea ^ Was ta ^ en to the higher bad 3 ® rou P w hite parents who tip j en flowed to intervene as par- defendant in the action. Whotu ® u P rem e Court was asked estakvL * ts desegregation decision do n e< ^ ^ a ru le of law “that there sieu R an< ^ ca nnot exist educationally a Btit e thnic differences in learning • rea„i es anc * correlative educational . rements between the children of Cerent races.” Refused to Rule ■Vk 1< T i £ g the lead of U.S. Distric the 6 ,k. ert Martin when he heart or *§hially, the Supreme Cour .j® to rule on the question. •Vine - 5 rgumen t s advanced befor eas<, „ martin during the trial of th those n 1963, were similar t Judder presented to U. S. Distric rank M. Scarlett of Georgia L the case of Stell et al v. Savanndh- Chatham Board of Education. In essence, the Charleston school board attempted to prove by testimony of experts that wide intellectual differ ences between the races would cause a lowering of educational standards if de segregation were allowed. (SSN, Sep tember, 1963.) The defense introduced testimony to the effect: A That standardized tests showed intellectual differences between the races widened progressively to the point where a gap of three to four years was noted in the higher grades. A That there are differences in brain weight and brain characteristics be tween whites and Negroes and that some scientists believe the Negro race is 200,000 years behind the white in brain development. A That enforced contact of the races in a hostile environment would tend to increase hostility. Questions Issue Mrs. Constance Baker Motley of the NAACP Legal Defense Fund argued in rebuttal and further insisted that in tellectual capacity was not the issue in the case. She said the issue was purely whether students were being forced to attend segregated schools because of their race. Judge Martin agreed but permitted the defense to introduce testimony re lated to alleged differences in order to (See ETHNIC, Page 2) After the Victory Johnson at Austin NORTH CAROLINA NAACP Branch Plans to Stress School Actions WINSTON-SALEM T he North Carolina Confer ence of Branches of the Na tional Association for the Ad vancement of Colored People voted that desegegation of public schools would be a major project for the coming year. The NAACP acted at its annual meeting in Greensboro Oct. 15-17. Noting that “10 years after the Supreme Court decision there is still token desegregation of schools,” the NAACP resolved, “there is no excuse for this.” It called on all branches, youth councils and college chapters to “pressure school boards to begin de segregation of schools in North Caro lina.” It denounced the state’s pupil assignment law as “contrived as an instrument of evasion” requiring the Negro parents to bear the “burden of desegregation.” The NAACP demanded that pressure be brought on state legislators to “have this diabolical law repealed.” Kelly Alexander of Charlotte, state president of the NAACP, set the stage for the passage of the resolution in his annual address. He said in part: “In the area of education, 10 years after the U.S. Supreme Court decision in the field of public education more than 90 percent of the Negro school population in the South still attend segregated schools. There are too many counties in North Carolina where Negro children are still attending seg regated schools. ‘Major Program’ Wallace Says 7 Executives Agree on School Control SAN ANTONIO, Texas t least seven Southern gov ernors reportedly gave sup port at the Southern Governors’ Conference Oct. 14 to a proposed constitutional amendment which would require the federal gov ernment to keep hands off the management of public schools. A resolution by Gov. George Wallace of Alabama failed to be adopted by the conference despite evident support by a majority of governors present when it was presented. Unanimous consent is required for approval of anything by the 17-member organiza tion. Although the exact vote was not announced, Wallace said seven gover nors were known to favor his proposal, which was approved by the Alabama legislature in a special one-day session Sept. 21 (SSN, October). “No” votes were reported cast by Govs. Edward T. Breathitt of Ken tucky and Elbert N. Carvel of Dela ware. Gov. John B. Connally of Texas, who was elected conference chairman, said he did not vote either way. Sanders Comments Gov. Carl Sanders of Georgia, who as chairman of the resolutions commit tee was ineligible to vote on the issue, said: “I want to be put on record as in favor of the rights of the states in the matter of schools.” Among those named as voting for the Wallace resolution were Gov. John J. McKeithen of Louisiana, who moved its adoption; Gov. Farris Bryant of Florida, Gov. Donald Russell of South Carolina and Gov. Albertis S. Harrison of Virginia. In This Issue Monthly Reports Alabama 10 Arkansas 5 Florida 4 Georgia 3 Louisiana 6 Mississippi 7 North Carolina 1 South Carolina 1 Tennessee 3 Texas 2 Virginia 8 Washington 1 Special Articles Governors’ Conference 1 Post-Election Prospects 1 St. Louis Suits Dropped 4 Achievement Program 6 Books and the Issue 10 . In Mississippi We Call It a Crawfish!’ Baldy, Atlanta Constitution Opponents mainly cited fear of losing federal funds. Wallace said he had expected to fall short of the necessary unanimous vote. But he said, “It is highly significant that a majority (of the 11 governors present) vote for this resolution. It’s time the states got over their inferioriy com plex.” Wallace said that if Washington is to direct the public schools, “they might as well abolish the states.” The Alabama governor said he plans to make a national crusade for his pro posal to write into the U.S. Constitu tion a provision that management and control over public schools shall be a state and local responsibility, for bidden to the federal government.” Letter from Legislature He said later he had received letters from legislators in 35 states asking for copies of the “hands-off” resolution. Affirmative action is required in the legislatures of two-thirds of the states for a constitutional amendment to be come effective. Wallace conceded this would be diffi cult but declared: “Ten years ago, we wouldn’t have received any support outside the Deep South. That is why I insist this is not a futile effort. It may take us a long time but it can be done.” The governors conference adopted a resolution asking that the Constitution be revised to permit state legislatures to apportion one branch on some basis other than population. The U.S. Supreme Court has held that only population may be considered in al locating seats in state senates as well as houses of representatives. Discussions of education featured the meeting. Financing of educational im provement was noted as a general problem. At a meeting of the Southern Regional Education Board, governors and educators agreed that steps must be taken to overcome the region’s lag in education. “I urge you to make desegregation of the public schools a major program for 1965. I urge you to challenge all stair-step plans, geographic zoning of public schools based on racially segre gated housing, and condemn policies of selecting sites for new schools and other school expansion programs which result in the entrenchment of segregated schools. I urge all our branches to be gin a vigorous effort toward accelerat ing the pace of school desegregation everywhere in the state. “Secure parent-community support and encouragement of Negro parents and students to exercise their consti tutional rights by petitioning school boards to desegregate the entire school system and take appropriate legal ac tion when necessary. “The principal task before any com munity is the abolition of the segre gated school ... I urge our branches to make a consistent fight for increased Negro employment in federal, state and local government, in industry and especially industry holding government contracts. “We cannot make it today if we continue to be hobbled by outmoded segregated school systems ... We must urge our young people to stay in school (See NAACP, Page 9) WASHINGTON REPORT Tribunal Refuses Review Of Race-Balance Zoning WASHINGTON lower court ruling that a school board “may” zone a school district so as to minimize racial imbalance was left stand ing by the Supreme Court Oct. 19. The Supreme Court made no comment in denying a petition for review of the case involving a new junior high school in Brooklyn, N.Y. (No. 350, Balaban v. Rubin). Parents of two white children had challenged a decision by the New York City Board of Education to draw a school boundary that would carefully balance the new school’s enrollment at one-third Negro, one-third Puerto Rican and one-third white pupils. Justice Edward G. Baker of the New York State Supreme Court ruled in favor of the parents in September, 1963. He said the balanced zoning violated a New York law against school segrega tion. In May, the New York Court of Ap peals reversed this decision. Chief Judge Charles S. Desmond, who wrote the opinion, said the issue was: “May (not must) the schools correct racial imbalance?” Judge Desmond held that New York school authorities could, in zoning a new school, take into account “in addi tion to other relevant factors . . . the factor of racial balance in the new school.” This view was left in force by the Supreme Court’s refusal to review the decision. It was the second time this year that the Supreme Court has declined to re view a major decision in the area of de facto school segregation stemming (See TRIBUNAL, Page 5)