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PAGE 10—MARCH, 1965—SOUTHERN SCHOOL NEWS
MISSISSIPPI
State Education Board Modifies
Terms of Compliance Agreement
Mississippi Highlights
(Continued from Page 1)
pliance agreement by March 4 in order
that federal funds now obligated for
this school session may be continued to
the local schools; however, the local
boards are not bound by the so-called
March 4, 1965, deadline date.
“Should the State Board fail to sub
mit a compliance agreement by March
4, all school districts of the state stand
to lose the federal funds which have
been obligated for this school session,
and in addition thereto should the State
Board fail to submit a compliance
agreement by March 4, all funds for
vocational rehabilitation and crippled
children’s services would be lost.”
Gov. Paul B. Johnson, who is not a
member of the board, said on Feb. 19
that “each district should give prayer
ful consideration to this serious prob
lem and make its own decision.”
“Having done so,” he added in a
prepared statement, “it should be sup
ported by the people of the community
and of the state. As governor of Mis
sissippi, I pledge my wholehearted sup
port to each and every school district,
regardless of the decision which it ul
timately makes.
“As governor, I am not attempting
to dictate the action to be taken by any
school district, and I am pledging my
support to each and every district in
whatever decision it reaches. In like
manner, I do not presume to direct
the action to be taken by the State
Board of Education, but I assure that
board that the position which it takes
will have my wholehearted support.”
Investigating Court Action
Johnson’s statement also noted that
his office “is investigating the possibili
ties of court action for the purpose of
adjudicating the rights of school dis
tricts under the act and specifically to
question the constitutionality of the
regulations promulgated by the depart
ment (HEW) under the act.”
In an addendum to his statement,
Johnson said:
“Recognizing one further point, I
would call to your attention the court’s
announced principle of “Freedom of
Choice.” Section 601 of the Civil Rights
Act prohibits discrimination in any pro
gram or activity receiving federal fi
nancial assistance.
“The act does not say that prior to
the participation in benefits there must
be integration at the installation
through which these benefits are chan
neled. Only upon proper complaint can
the fact be established that there is
non-compliance with Section 601, and
until such fact is determined by the
court, “Freedom of Choice” is in evi
dence.
(On Jan. 16, Johnson called on local
school districts to refrain from making
an immediate decision “one way or the
other” until a statewide policy was
formulated.)
Johnson made this comment in an
address on Feb. 10:
“Federal money, for 28 years, has
poured into every nook and cranny
and niche of this state, and its govern
ment and our people have come to
depend on this money.”
Many observers interpreted the state
ment to mean Johnson felt local school
districts had little choice but to sign
the pledge.
Johnson was asked about the state
ment when he appeared on the nation
ally televised “Meet The Press” pro
gram in Washington on Feb. 14. The
interpretation, he answered, was merely
an assumption by reporters.
Then he added: “I would not sign
it myself.”
A capitol source reported on March
5 that Gov. Johnson had retained Jack-
son attorney Dan Shell to court-test
the HEW compliance form. The suit
will contend that the federal agency ex
ceeded authority under the 1964 Civil
Rights Act.
The suit was expected to be filed in
federal court by an individual school
district. Shell would neither confirm
nor deny the report.
Political Leaders Speak
Various political leaders spoke out
on the controversial issue during Feb
ruary. Former Gov. Ross R. Barnett
said on Feb. 12 that Mississippi should
be primarily concerned with the future
welfare of its school children “instead
of money.”
“In other words,” he said in a state
ment, “the paramount interest that all
Mississippians should have is the wel
fare of our children, and not the dollar
mark.” Barnett said he would “like to
see” the dual white and Negro school
JOHNSON
BARNETT
systems “continued on a voluntary
basis.”
“They have been operated during the
past few years in peace and harmony
and in a perfect understanding,” the
former governor added.
Barnett denounced “integration with
all of the power of which I am capable,
and I warn the people that if it comes
in all of our schools you will find it is
the seed of our destruction.”
‘Good Negroes’
Barnett said he did not believe “the
good Negroes of Mississippi want their
school systems discontinued.”
State Rep. James A. Morrow Jr. of
Rankin County recommended on Feb.
23 that Mississippi school districts not
sign the pledge. The lawmaker charged
the agreement is “more far-reaching
than the general public realizes.”
“I hope the majority of our boards
will refuse to sign ... in order that the
state may take this question through
the proper legal channels,” Morrow
said.
On Feb. 11, Sen. Ben Hilbun of State
College said the matter was not one
for the legislature to consider. Hilbun
said he would vote against compliance
if he were a member of a school board.
But he said: “By leaving the decision
in the hands of local boards, we are
maintaining the principle of local con
trol over schools.”
Legislative action, he added, would
be “almost as bad as the federal gov
ernment taking control over the states.”
“The issue,” the state senator added,
“is whether or not the local school dis
tricts will remain in control of the
operation and policies of the local
schools or pass it to a federal govern
ment in Washington, whether or not
you have the right to control the edu
cation of your children.”
The state chapter of the Women for
Constitutional Government said it
is watching “with growing shock and
disbelief” what it termed the “capi
tulation of the state’s leadership” to the
1964 Civil Rights Act.
‘Growing Shock’
Mrs. Mary Cain, editor of the weekly
Summit Sun and president of the Mis
sissippi WCG, charged in a statement
the state’s political and economic lead
ers lack the courage to “attack head-on
this conspiracy to deprive the states of
their constitutional right.”
Her statement charged that leaving
the matter of compliance with the Civil
Rights Act to the local school boards
“will create still further dissension
among our local citizens.”
As the governor did later, Director
Erie Johnston Jr. of the State Sover
eignty Commission indicated on Feb.
19 the pledge would be tested in the
courts.
“Such a court test,” he added, “would
have no bearing on desegregation of a
school or continued support of federal
funds. If successful, it would merely
prohibit the Department of Health, Ed
ucation and Welfare from assuming an
unwarranted and unjustified authority
over operation of the local schools.”
‘Innocent -Looking’
Johnston said “an innocent-looking
sentence” in the compliance pledge
“binds the trustees and the school dis
tricts to obey all requirements imposed
by or pursuant to the regulations” of
the department.
“This paragraph has been interpreted
to mean that the school district, by
signing compliance, is subjecting itself
to any future regulations issued by
bureaucrats in Washington, regardless
of whether they are directly related to
limitation of the Civil Rights Act or the
distribution of federal funds,” he added.
The State Board of Education
signed its own modified version of a
federal directive authorizing it to dis
burse funds to desegregated schools.
Millsaps College officials voted to
desegregate its classrooms, effective
with the summer term.
University of Mississippi Medical
Center in Jackson disclosed that
steps are being taken to comply with
the 1964 Civil Rights. Act.
All but one of the 39 Negroes who
first attended desegregated Jackson
schools last fall are still enrolled.
Negro students boycotted four
“separate” school districts in Missis
sippi, but the effectiveness of the
action was disputed.
Moss Point’s school superintendent
“Without this paragraph,” he said,
“which would sign over future author
ity in the fields of policy and perhaps
even curriculum, the responsibility fac
ing our school boards would not be so
difficult.”
House Speaker Walter Sillers of Bol
ivar County said in a statement Feb.
16 that he hoped “all school districts
and other agencies will be patient and
take no action pro or con until they
are fully advised by their respective
attorneys.” Sillers said the federal reg
ulations are “complex, abstruse and
far-reaching.”
Judges Oppose
Two Hinds County Circuit Court
judges—M. M. McGowan and Russel
Moore—also spoke out against local
school boards signing the agreements.
McGowan said: “It is an absurdity
and repugnant to the fundamental
principles of the laws of the English
speaking peoples that an entire popu
lace, or any individual, be required to
enter into any written agreement or
pledge that he will not violate the law
—any law. The law is no supplicant;
neither does it enter into contracts with
people for its observance. It would be
as sensible to require a person to agree
that he would not violate the law
against burglary.”
Judge Moore said as he charged a
said the district will resist a desegre.
gation suit.
Enrollment of Negro students in
Clarksdale’s Negro schools increased
although the schools are operating
under court-ordered desegregation
All of the schools are still segrei
gated.
“Mississippians for Public Educa-
tion” received a state charter.
The U. S. Civil Rights Commis-
sion ended a two-weeks hearing into
Mississippi’s racial problems.
The Christian Conservative Lead
ership Council was organized to op
pose the federal school compliance
pledge.
The Mississippi Economic Council
said at least 20 state organizations
have endorsed its principles on Civil
Rights Act compliances.
SILLERS MOORE
Hinds County Grand Jury: “I will not
present the arguments for and against,
but merely state this: To execute the
contracts could mean total integration
in all grades. To refuse may bring a
law suit which eventually would bring
integration on a stairstep basis and
upon the court order for those who are
so desirous of federal aid, a return of
the federal aid.
“Should your school board execute
this contract it will become a pawn of
the federal government and its orders
shall be from Washington, D.C. . . .
The loss of the right of the state to
operate its school system and vesting
this right in the federal government can
only result in eventual dictatorship . -
“Will our children and grandchildren
(See FEDERAL, Page 11)
Miscellaneous
Civil Rights Commission Holds Two-Week Hearing
The U.S. Civil Rights Commission
ended a two-week hearing on Missis
sippi’s racial problems on Feb. 20 with
out delving into any school matters.
The commission concluded, tenta
tively, the state was making some prog
ress in racial areas but said “extremely
serious” problems still existed in vot
ing and law enforcement.
Dr. John A. Hannah, commission
chairman and president of Michigan
State University, said in a closing state
ment that he hoped “the voice of mod
eration now being heard after a long
silence will begin speaking clearly and
forcefully for a progressive Mississippi.”
He said the commission will study
the transcript of testimony taken from
nearly 100 witnesses and issue a report,
which will include recommendations to
the President and Congress.
‘Too Many Counties’
Hannah said some white persons in
“far too many counties are seemingly
still bent on denying the vote to Negro
citizens by the application of discrim
inatory standards, intimidation and
violence.
“It is hoped,” he continued, “that
thoughtful and conscientious white
leaders of this state will take every
necessary step to guarantee the free
exercise throughout Mississippi of this
fundamental citizenship right.”
He said the commission was “heart
ened ... by signs of a developing
consensus among many responsible
white Mississippians that it is poor eco
nomics, poor law and poor morality to
encourage or permit racial violence
and injustice.”
“Physical security is basic to all other
rights,” he added, “and the commission
is appalled to find that there are many
citizens in some Mississippi communi
ties who fear for their lives.”
Cited Greenville
Hannah cited Greenville as a model
for the state. He said Negroes and
whites feel they “receive fair and just
treatment and adequate protection from
law enforcement officials” in Green
ville.
“What is possible in Greenville,” the
chairman said, “we are sure is possible
Civil Rights Commission Meets at Jackson
Robert S. Rankin, Erwin N. Griswold, Dr. John A. Hannah, Mrs. Frankie Muse
Freeman, the Rev. Theodore M. Hesburgh, William J. Taylor (Coonsel). Another
member, Eugene Patterson, was absent from opening session.
throughout the state.”
Hannah did not elaborate on his
reference to “improved educational op
portunities.”
During the hearings, the commission
heard scores of Negroes testify about a
wave of beatings, bombings, church
burnings and shootings over the state.
But Hannah said the commission’s ma
jor concern was “the present status
and future prospects of civil rights in
Mississippi rather than an exhaustive
and largely profitless review of past
injustices.
Hannah cited the need for better-
trained, impartial law enforcement of
ficers; improved educational opportuni
ties; and more “free and open ex
change” between the races. He added
that the possibilities for improved com
munication between the races seeem
“better now than in any time in the
past 10 years.”
Hannah thanked Gov. Paul B. John
son and other state officials for their
co-operation and said he hoped “the
climate of opinion in Mississippi is now
such that people can speak the truth
as they see it without rising reprisals
or abuse.”
Gov. Johnson appeared before the
commission on Feb. 16 and said that
“what we need from our fellow Ameri
cans is good will, encouragement, un
derstanding and assistance.”
“Having accepted the will of the na
tion’s majority,” he added, “Mississippi
now asks those who have criticized our
former position and actions to ‘get off
our back and get on our side.’ ”
Earlier, he had said that most Mis
sissippians do not approve of the 1964
Civil Rights Act but it “is the ‘law
of the land’ and Mississippi knows it.”
“They are convinced its passage was
unwise,” Johnson said. “Some of them
will challenge its constitutionality in
the courts, as is their right. But re
sistance will be confined to such ac
cepted legal processes. Law and order
will be maintained in Mississippi by
Mississippians. Violence against any
person or group will not be tolerated.
Criminal acts will be punished, with
all law violators being dealt with
equally.”
The governor predicted “that from
this turbulent time will be born ex
panding opportunities for the ‘disad
vantaged’ people, white as well as non
white, of our potentially rich state
He also forecast “a full ‘integration
of Mississippi into the wealthy, grow
ing, urban-industrial society which 15
America.” .
Television WJTV in Jackson televised
the portions of the hearings that were
open. .
Johnson told newsmen on Feb. 23
believed “a lot of good” could st •
from the hearings in Jackson.
“I think a number of them (comnu^
sion members) were pleasantly sU ^
prised,” the governor said. And.
added, he believed the sessions *
have a good effect” on MississipP 1
“Of course,” Johnson said, ^be
have a few people who wouldnt
lieve what they saw.”
★ ★ ★
The Christian Conservative ^l^to
ship Council was organized Feb.
support separation of the races. ^
dith Tatum of Jackson, chairman,
the group has two prime objectiv^^
• To halt school boards from sig^
federal compliance pledges as a .^
requisite to receiving continued a 1
education, as provided in the
Rights Act.
• To stop businessmen from cC "®£j a -
ing with the civil rights acco
tions section.
“We simply refuse to co-operate
. >> matiim tom
. i
our own destruction,” Tatum
Ltervie"'
Associated Press in an A® ;anS of
“whether it is with soft politi
liberal business leaders.’ . ^
Tatum said that “we plan ‘ a cb"
avenues available for lawful ^ jp-
ment or recall of any electe jo-
pointed office holder who sig^
called compliance agreement.
“Any official who signs thw ^
his unworthiness by putting jaugh'
of dollars above our sons an
ters,” he added. - te th e
The council will attempt to u
state’s splinter conservative gr