522. Suits to enforce integration
||Hoxie School Dist. #46, et al. v. Brewer, White Citizens Council, et al.
(238 F. 2d 91.) For facts, see II DOCKET 22, 45.
Case note in
70 Harvard Law Rev. 1299-1302 (May 1957.)
||Matthews, et al. v. Launius, et al.
(Bearden Dist.) (WD Ark. Civ. #570.)*
||Aaron, et al. v. Cooper, et al.
(Little Rock.) (ED Ark.) For facts, see II DOCKET 23, 61. Pulaski Co. Chancery Ct. issued injunction to prevent desegregation of Little Rock High School scheduled for Sept. 3 under stairstep desegregation plan proposed by Def.-School Bd. and approved by DC and CA 8. Aug. 30: Dist. Ct. Judge Davies issued blanket injunction against any interference with such integration. Sept. 3: Nat'l. Guardsmen prevented 9 Negro pupils from entering school, by order of Gov. Faubus; Davies, J. issued order, after hearing, confirming his Aug. 30 order, directing Def.-Bd. and Sup't. to carry it out. Sept. 14: Nat'l. Guard again barred pupils; Davies, J. requested U. S. Atty. Gen'l. to investigate this violation of Fedl. Ct. order. Sept. 5: Def.-Bd. requested Ct. to suspend its order; denied. Sept. 9: Davies, J. ordered petition for injunction to be filed against Gov. Faubus. Sept. 20: after hearing on petition by U. S. Atty. Gen'l. as amicus, Davies, J. first denied application by Gov. Faubus to disqualify himself, then denied motions to dismiss, ordered Gov. and aides to call off Nat'l. Guard. Gov. complied; his appeal pending. Sept. 23: Negro students began attending school under protection of U. S. Army.
And see Smith, 522.Ark3a; Rector, 523.Ark2; Wilbern, 523.Ark3; Arkansas v. N.A.A.C.P., 523.Ark4; Little Rock v. N.A.A.C.P., 523.Ark5.
||Smith, et al. v. Gov. Faubus, et al., and Ark. Sovereignty Comm.
(Little Rock.) (ED Ark.) Aug. 16: 10 Negro ministers filed suit for declaratory judgment on constitutionality of Arkansas 1957 segregation statutes and for permanent injunction against Def.-Comm. enforcing said acts. CA 8 appointed 3-judge statutory ct. to hear suit. Pls. allege acts deny constitutional rights because of race and unlawfully prohibit Pls. from soliciting, collecting or receiving contributions to be used in aid of integration in Ark. public schools. Sept. 19: 3-judge Ct. refused to hear case, held state ct. remedies must first be exhausted.
U. Simpson Tate, Esq., for N.A.A.C.P., 2600 Flora St., Dallas, Texas; James M. Nabritt, Esq., Washington, D. C.; Thad D. Williams, J. B. Booker, Esqs., Little Rock, Arkansas.
And see Aaron, 522.Ark.3.
||Jackson, et al. v. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Educ. and Bd. of Trustees, et al.
(Christiana School Dist.) (DC Dela. Civ. #1815.)*
||Evans, et al. v. Buchanan, et al.
(Milford). (DC Dela., Civ. #1816.)
||Holloman, et al. v. Buchanan, et al.
(Milton). (DC Dela., Civ. #1819.)
||Coverdale, et al. v. Buchanan, et al.
(Greenwood.) (DC Dela., Civ. #1818.)
||Creighton, et al. v. Buchanan, et al.
(Laurel). (DC Dela., Civ. #1820.)
||Denson, et al. v. Buchanan, et al.
(Seaford). (DC Dela., Civ. #1821.)
||Oliver, Jr., et al. v. Buchanan, et al.
(Clayton). (DC Dela., Civ. #1822.)
||Staten, et al. v. Buchanan, et al.
(Milford). (DC Dela., Civ. #1817.) For facts, see II DOCKET 23. Jy. 15: DC- 16 -
held for Pls. in 7 cases before it, made decision applicable to all school districts in state having no plans for desegregation by Fall 1957, ordered desegregation. Aug. 7: on Defs'. appeal therefrom to CA 3, DC granted stay, but said "Compliance with the law of the Sup. Ct. of the U. S. is inevitable * * * The unresolved question left by the Sup. Ct. to this ct. is the duration of judicial patience." Appeal pending.
||Plaintiffs v. Dover Bd. of Educ., Dela. Bd. of
Educ. (DC Dela.) Aug.: Pls.-Negro children filed suit for injunction to prevent Defs. carrying out desegregation plan which Pls. allege discriminates against Negro students by requiring them to take examination instead of being automatically admitted to jr.-sr. high. Pending.
Louis L. Redding, Esq., 923 Market St., Suite 300, Wilmington, Dela.
||Florida ex rel. Hawkins v. Bd. of Control of Fla.
(U.S.S.C., #169.) For facts, see II DOCKET 23, 61, 79. Oct. 14: U.S.S.C. denied petition for certiorari "without prejudice to Pet. seeking relief in an appropriate U. S. Dist. Ct."
||Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al.
(CA 5, #16482.) For facts, see II DOCKET 23, 61. Jy. 23: CA 5 reversed and remanded, held Fla. pupil assignment plan unconstitutional. Aug. 29: rehearing denied; Sept. 23: mandate issued.
||Hunt, et al. v. Arnold, Ga. State School of Business Adm.
(ND Ga., Atlanta Div., #5781.)*
||Mitchell v. Bd. of Educ.
(Hopkins Co.) (WD Ky., #708.)*
||Gordon, et al. v. Collins, et al.
(Webster Co.) (WD Ky., #720.)*
||Garnett, et al. v. Oakley, et al.
(Union Co.) (WD Ky., #721.)*
||Dishman, et al. v. Archer, Supt. Public Schools.
(Scott Co.) (ED Ky., Lexington, #1213.)*
||Green, et al. v. Bd. of Educ.
(McCracken Co.) (WD Ky., Paducah Div., #903.) For facts, see II DOCKET 46, 62. Sept. 20: DC entered default judgment approving plan submitted by Defs.; permanently enjoining Defs. from unconstitutional regulations as complained of; mandatorily enjoining Defs. to admit Pls. and other Negro children on non-discriminatory basis.
||Wilburn, et al. v. Holland, Supt., Fulton City Schools, et al.
(WD Ky., Paducah Div., #910.) For facts, see II DOCKET 46, 62. Sept. 10: DC entered default judgment, permanently enjoined Defs. from maintaining and enforcing against Pls. unconstitutional practices, requiring Defs. to admit such of Pls. or other members of said class of persons who apply for admittance at next term. Oct. 3: hearing on motion to modify judgment. Decision pending.
||Bush, Jr., et al. v. Orleans Parish School Bd., et al.
||Hall, et al. v. St. Helena Parish School Bd., et al.
(ED La., Civ. #1068.)*
||Angel, et al. v. La. State Bd. of Educ., et al.
(ED La., Baton Rouge Div., Civ. #1658.)*
||Davis, Jr. et al. v. E. Baton Rouge Parish School Bd., et al.
(ED La., Baton Rouge Div., Civ. #1662.)*
||Williams, et al. v. Prather, et al.
(WD La., 5000 Civ.)*
||Ludley v. Bd. of Supervisors, La. State Univ.
||Bailey v. La. State Bd. of Educ.
||Lark v. La. State Bd. of Educ.
||Moore, Jr., et al. v. Bd. of Educ.
(Harford Co.) (CA 4.) For facts, see II DOCKET 24, 46, 62, 80. Jy. 26: Defs. filed appeal in CA 4; pending.
||Covington, et al. v. Edwards, Supt. of Schools, et al.
(Montgomery Co.) (MD N. Caro., Rockingham Div., Civ. #323.)*
||Royster, et al. v. Bradsher, et al.
(Person Co.) (MD NC, Durham Div., #194.)*
||Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al.
(MD NC, Rockingham Div., #158-D.) Suit by Pls.-Negroes for permanent injunction ordering Defs. to desegregate public schools. Pending.
Herman L. Taylor, Esq., Raleigh, N. C.; C. J. Gates and Milton Johnson, Esqs., both of Durham, N. C.
||Brown, et al. v. Long, Pres., Morris Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., Civ. #4245.) For facts, see II DOCKET 80. Sept. 21: Ct. ruled for Pls.; held Pls. entitled to be enrolled and attend previously all-white school.
||Simms, et al. v. Hudson, Pres., Preston, Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., #4246.) For facts, see II DOCKET 80. Sept. 21: Ct. held for Pls.; ruled Pls. who had not signed transfer and are in high school are entitled to be enrolled and attend previously all-white school; ruling re grade school Pls. to be filed.
||Bailey, et al. v. Hodge, Hall, Supt., Okla. School for Deaf, et al.
(WD Okla., #7441—Civ.)*
||In re Girard's Estate
(Phila. Orphans Ct.) For facts, see II DOCKET 62, 80. Sept. 11: Orphans Ct. ordered removal of Bd. of City Trustees as governing body of school, placed school in hands of private trustee, refused admission to two Negro boys who sought admission.
Amicus briefs filed by City of Philadelphia, Comm. on Pa.
Law review article:
Elias Clarke, Charitable trusts, the Fourteenth Amendment and the will of Stephen Girard, 66 Yale L. J. 979-1015 (June 1957).
Case note in
1957 Washington Univ. L. Q. 271-6 (June 1957).
||Briggs v. Elliott.
(Clarendon Co.) (ED S. C., #2657.)*
||Kelly, et al. v. Bd. of Educ.
(Nashville). (MD Tenn., Nash. Div., Civ. #2094.) For facts, see II DOCKET 25, 46.- 17 -
Sept. 6: Def. School Bd. officials asked DC to decide whether new Tenn. state school preference law could be incorporated in Ct's. desegregation order; after hearing, Ct. held new law invalid, and unconstitutionality so obvious there was no need to convene 3-judge Ct. to pass on it. Nashville first grades integrated Sept. 1957.
||Jackson, et al. v. McDonald, Pres., Lamar State College of Technology, et al.
||Borders, et al. v. Rippy, et al.
(Dallas.) (CA 5, #16483.) For facts, see II DOCKET 25, 46. Jy. 23: CA 5 reversed, held for Pls. Sept. 9: DC, on remand, ordered desegregation Feb. 1958. Nov. 22: CA 5 to hear Defs.' application for writ of mandamus to force DC to slow down integration order, and Def.s' appeal from DC decision.
||Ross v. Rogers, Pres., Houston Independent School Dist.
(DC Tex., Houston, #10,444.)*
||Davis v. County School Bd.
(Prince Edward Co.) (CA 4.)*
||Corbin, et al v. School Bd.
(Pulaski Co.) (WD Va., Roanoke, #341 Div.)*
||Atkins, et al. v. School Bd., et al.
(Newport News.) (U.S.S.C., #361.)
||Beckett, et al. v. School Bd.
(Norfolk.) (U.S.S.C.) For facts, see II DOCKET 25, 46, 63, 81. July 10: CA 4 uphled DC injunction requiring desegregation, ruled Va. Pupil Placement Law unconstitutional. Oct. 21: U.S.S.C. denied petition for certiorari.
||Allen, et al. v. School Bd.
(Charlottesville.) (WD Va., #51.) For facts, see II DOCKET 26, 46, 63. Jy. 26: DC ordered that injunction entered by DC Aug. 6, 1956 be made effective at commencement of semester next following determination by U.S.S.C. of constitutionality of Va. Pupil Placement Act, Chap. 70, Acts of Assembly of Va.
And see Atkins, 522.Va3.
||Thompson, et al. v. School Bd.
(Arlington.) (ED Va., #1341.) For facts, see II DOCKET 26, 46, 63. Sept. 14: DC ordered Def.-Bd. to comply with desegregation order of Aug. 1956 re admission of seven Negro Pls., despite Va. Pupil Placement Act. Sept. 18: DC granted stay pending Def's. second appeal to CA 4.
And see Atkins, 522.Va3.
||DeFebio v. Richmond Placement Bd.
(Fairfax Co.) (Va. Sup. Ct. of App.)*