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PAGE 12—DECEMBER, 1964—SOUTHERN SCHOOL NEWS Text of Decision on Tuition Grants in Two Counties (Continued from Page 11) or circumstances present.” Burton v. Wilmington Parking Authority, 365 U. S. 715, 726 (1961). We affirm as well warranted Judge Butzner’s ruling that the plaintiffs in the Surry County case are entitled to an award of counsel fees. Normally jurisdictional questions would be dealt with at the beginning rather than near the end of an opinion, but in this instance we have reserved the jurisdictional question till now be cause it can be discussed more con veniently and more briefly after the facts and other issues have been fully presented. Jurisdiction Challenged The defendants challenge the juris diction of the individual district judges to decide the issues raised and hence the jurisdiction of this court to hear the appeals from their decisions. The argument is that the issues presented can be adjudicated only by three- judge district courts designated under 28 U.S.C.A. S 2281. We disagree. The plaintiffs do not attack the constitution ality of any state statute on its face; they contend only that the Virginia tuition grant statute is being applied in an unconstitutional manner in the two comities. The Supreme Court has ruled in Griffin v. School Board, 377 U. S. 218 (1964), that a single judge ! district court has jurisdiction to hear and decide the merits of such an ac tion. That the decision might have re percussions beyond the counties in volved or that the resulting order will run to parties outside the counties does not defeat the single judge’s jurisdic- j tion. “(W)hat is attacked in this suit is not something which the State has commanded (the County) to do . . . but rather something which the county with state acquiescence and co-opera tion has undertaken to do on its own volition, a decision not binding on any other county in Virginia. Even though actions of the State are involved, the case, as it comes to us, concerns not a state-wide system but rather a situa tion unique to (the) County. We hold that the single district judge did not err in adjudicating this present con troversy.” Griffin v. School Board, 377 U. S. 218, 228 (1964). We hold that Judge Lewis and Judge Butzner had jurisdiction to entertain and decide the cases heard by them respectively, and it follows that juris diction to review their orders is lodged in this court. Contempt Motion Plaintiffs have moved this court to cite the Prince Edward County Board of Supervisors in contempt for distrib uting tuition grants during the night of August 4, 1964. The plaintiffs assert that the Board intended these nocturnal distributions to serve two purposes, payment of 1963-64 and 1964-65 tuition grants, each constituting a contempt of this court. It is first contended that the increase in the amount of the grants constituted an indirect reimbursement to parents for tuition costs incurred during 1963-64 in violation of the order of July 2 signed by Judge Bell. That order could not have been violated on August 4, since it expired on July 9 when Judge Lewis, with consent of the parties, entered his permanent decree enjoining payment of 1963-64 grants. From the consent order there was of course no appeal. When the payments were made, therefore, no appeal from Judge Lewis’ order was pending, as Judge Bell’s restraining order con templated. However one may describe the in crease in the grants, it is undisputed that part of the August 4 payments was for the 1964-65 school year. Judge Haynsworth, showing the defendants the consideration of asking them for a stipulation that such funds would iw be paid out pending appeal, did not enter an order to that effect himself Therefore, the payment of the grants did not constitute a violation of a di 1 rect order from this court. We do not now pass on the motion for a contempt citation, but remand to the District Court for further inqum, into the facts surrounding the ments. The precise circumstances there be developed in detail, and we will then be in a position to determine whether a contempt of this court has occurred through a destruction of the res during the pendency of the appeal in respect to 1964-65 tuition payments Judge Lewis is also fully empowered to consider whether any of the de fendants has committed a contempt of his order of July 9 by paying indirect, ly, as plaintiffs charge, 1963-64 tuition grants. The cases are remanded for further action consistent with the above views THE REGION Number of Negroes in Classes With Whites Almost Doubled (Continued from Page 1) area has consolidated to a total of 3,022 districts, with 730 having both races and 678 of these are desegregated. The Southern and border region to gether increased the number of de segregated districts from 1,161 last year to 1,282 this year. The combined region dropped from 6,120 public school dis tricts to a new total of 5,973, and the number of these having both races de creased from 3,027 to 2.950 this year. Additional districts desegregated in every Southern state this fall. North Carolina added the largest number of Books and the Issue The following hooks have been received by the library of Southern Education Reporting Service: BLACK RELIGION: The Negro and Christianity in the United States by Joseph R. Washington Jr. Beacon Press, Boston, 1964, 308 pp. THE URBAN COMPLEX: Human Values in Urban Life by Robert C. Weaver. Doubleday and Co., Garden City, N.Y., 1964, 297 pp. RACE RIOTS: New York 1964 by Fred C. Shapiro and James W. Sullivan. Thomas Y. Crowell Co., New York, 1964, 222 pp. WHITE TEACHER IN A BLACK SCHOOL by Robert Kendall. Devin-Adair Co., New York, 1964, 241 pp. SOUL OF THE REPUBLIC: The Negro Today by Herbert Aptheker. Marzani & Munsell, Inc., New York, 1964, 122 pp. THE MAN BILBO by A. Wigfall Green. Louisiana State University Press, Baton Rouge, La., 1963, 150 pp. RESIDENCE AND RACE: Report to the Commission on Race and Housing by Davis McEntire. University of California Press, Berkeley, 1960, 409 pp. MR. LINCOLN AND THE NEGROES by William O. Douglas. Atheneum, New York, 1964, 237 pp. PREJUDICE AND YOUR CHILD by Kenneth B. Clark. Beacon Press, Boston, 1963 (Enlarged edition), 247 pp. ASSURING FREEDOM TO THE FREE edited by Arnold M. Rose. Wayne State University Press, Detroit, 1964, 306 pp. newly desegregated districts of any state, rising by 44 to a new total of 84. Texas and Virginia ranked next, adding 27 and 26, respectively. South Carolina and Tennessee each gained 15, and Arkansas reported 11 new ones. The increases in the other Southern states included Alabama, four; Florida, five; Georgia, seven; Louisiana, one; and Mississippi, four (from a previous zero). Of the 1,282 desegregated districts in the region, 1,240 actually have Negroes attending the same schools with whites, and the remaining 42 are desegregated Texas (Continued from Page 10) ness.” He testified that rushing the process might stir emotions. “A few individuals can create a mob atmosphere,” Downing commented. What They Say Rankin Says South May Be Fastest Dr. Robert S. Rankin of Duke Uni versity, a Democrat appointed by Presi dent Eisenhower to the U.S. Civil Rights Commission in 1960, predicted that the South may solve its racial problems faster than the North. The chairman of Duke’s political science department expressed hope that some day the commission on which he serves can be abolished as unnecessary. Appearing at Rice University, Rankin observed “I’d rather be a Negro in North Carolina than in Newark, N.J. “The transfer of students (from Negro to white neighborhoods) is not the ultimate solution,” Rankin said. “In the South (Negroes) seem to be trying to get into schools, while in the North, they are trying to get out of schools.” ★ ★ ★ Gov. John Connally said he has un der advisement the possibility, pre viously mentioned, that the state gov ernment should set up a civil rights commission to review cases of alleged discrimination, rather than leaving that field entirely to the federal government, where machinery is otherwise provided for action under the Civil Rights Act of 1964. THE URBAN NEGRO IN THE SOUTH by Wilmoth A. Carter. Vantage Press, New York, 1961, 272 pp. A PICTORIAL HISTORY OF THE NEGRO IN AMERICA by Langston Hughes and Milton Meltzer. Crown Publishers Inc., New York, 1963 (revised edition), 347 pp. in policy only. Several of the region’s districts having only one race enrolled —all-white or all-Negro districts—also have announced desegregation policies, but these are not included in the num ber of desegregated districts. 24 Per Cent Negro Statistics from the new survey show that the region’s total enrollment of 14.8 million students is about 24 per cent Negro. Although over half of these Negroes (53 per cent) attend schools in desegregated districts, only 10.8 per cent actually are in schools with whites. In the South, the total enrollment is almost 27 per cent Negro, and about 46 per cent of the Negro students are in desegregated districts. Only 2.14 per cent of the South’s Negro enrollment is in public schools with whites. The border area has a public school enrollment that is 15 per cent Negro, and 96 per cent of these Negroes are in desegregated districts. Over half (59 per cent) attend schools with whites. Comparing the Southern and border areas, the South has 85 per cent of the region’s total Negro enrollment of almost three million. But of the region’s 379,321 Negroes in desegregated schools, only 17 per cent of these are in Southern states and the other 83 per cent are in the border areas. 143 Public Colleges Are Desegregated In 11-State Area The 11-state Southern area has 143 desegregated public colleges and uni versities, according to the annual statistical survey by Southern Educa tion Reporting Service. Desegregation at the college level has put approximately 31,927 Negroes in schools with whites, although only 7,051 are in predominantly white schools. The others are in predominant ly Negro schools attended by small numbers of whites. Altogether, the area has an estimated 537,939 whites in de segregated public colleges and universi ties. Every state in the South has begun desegregation at the college and uni versity level. Arkansas, North Carolina and Tennessee have desegregation policies at all their public-supported institutions of higher learning. All six border states—Delaware, Kentucky, Maryland, Missouri, Oklahoma and West Virginia—and the District of Columbia have desegregated all 80 of their public colleges and universities. The Southern and border region to gether have approximately 47,534 Negroes in biracial public colleges, with about 12,481 of them in predomi nantly white schools. The exact num ber of white and Negro students involved in college-level desegregation is unknown, since many states report they no longer keep records by race. The South has 180 public colleges and universities that are all-white or predominantly white, and 126 of these are desegregated. Of the 39 all-Negro or predominantly Negro schools, 17 have desegregated. Eleven Years Of School Desegregation At a Glance The up-to-date facts and figures for each of the 17 Southern and border states, plus the District of Columbia, and for the region as a whole, are in the 1964-65 issue of Statistical Summary The Summary, now ready for distribution, includes the latest information available on • Public school and college enrollments by race for each state • Negroes in public schools and colleges with whites • Desegregated school districts • State laws enacted since 1954 • Court decisions and the status of pending cases • Effects of desegregation on public school teachers and college faculties • Desegregation policies for trade and special schools • Status of desegregation for ethnic groups • An analysis of desegregation statistics PRICE: $1 a copy. SPECIAL OFFER: Purchasers of the Summary are entitled to obtain, for only $1 more, a copy of "Southern Schools: Progress and Problems," a book compiled and edited by Southern Education Reporting Service. To assure prompt receipt of the new Statistical Summary, the only source of comprehensive desegregation facts for the 1964-65 school y ea > send your order on the coupon below to Southern Education Reporting Service P.O. Box 6156 Nashville, Tenn. 37212 Please send copies of the Statistical Summary at $1 each copies of the book, “Southern Schools: Progr®^ and Problems” at file special price of $1 eaC ^ Payment of $ is enclosed Send to: I I ( 1 f e 1 8 ti i 41 3 E I 0 I 1 d ' C 5 g a 4 a 1 P * S'/t a ae-a. e a . erg - .wocos
