522. Suits to enforce integration
||Shuttlesworth, et al. v. Birmingham Bd. of Educ.
(U.S.S.C., #341.) For facts, see IV DOCKET 28. Nov. 24, 1958: U.S.S.C. granted certiorari, affirmed DC judgment on limited grounds stated by DC: Ala. school placement law not unconstitutional on its face, but could be in its application.
||Matthews, et al. v. Launius, et al.
(Bearden Dist.) (WD Ark., Civ. #570.)*
||Aaron, et al. v. McKinley, et al.
(formerly v. Cooper.) (Little Rock.) (ED Ark., W. Div., #3113.) For facts, see IV DOCKET 29. Oct. 7, 1958: CA 8 extended temporary restraining order against Def.-Bd. Jan. 6, 1959: DC overruled motion of segregation leader to intervene and Defs.' motion to relieve U. S. Dep't. of Justice of being amicus in case. Jan. 10: after hearing, DC ordered Def.-Bd. to move forward within official powers to carry out integration plan; report of affirmative steps taken to be submitted within 30 days. Jan. 26: Chief Judge ordered 3-judge ct. convened. Feb. 3: DC accepted Def.-Bd's. report but motion to reopen schools on segregated basis denied.
||Garrett v. School Bd.
(Little Rock.) (Pulaski Co. Cir. Ct.) For facts, see IV DOCKET 29. Chanc. Ct. held for Def.-Bd. Appeal pending.
||Fitzhugh v. Ark. Dept. of Education.
(Little Rock.) (Pulaski Co. Cir. Ct.) For facts, see IV DOCKET 29. Chanc. Ct. held for Def.-Bd. Appeal pending.
||Jackson, et al. v. Buchanan, Members of Dela. Bd. of Educ. and Bd. of Trustees, et al.
(Christiana School Dist.) (U.S.S.C., #260.)
||Evans, et al. v. Buchanan, et al.
(Milford.) (U.S.S.C., #260.)
||Holloman, et al. v. Buchanan, et al.
(Hilton.) (U.S.S.C., #260.)
||Coverdale, et al. v. Buchanan, et al.
(Greenwood.) (U.S.S.C., #260.)
||Creighton, et al. v. Buchanan, et al.
(Laurel.) (U.S.S.C., #260.)
||Denson, et al. v. Buchanan, et al.
(Seaford.) (U.S.S.C., #260.)
||Oliver, Jr., et al. v. Buchanan, et al.
(Clayton.) (U.S.S.C., #260.)
||Staten, et al. v. Buchanan, et al.
(Milford.) (U.S.S.C., #260.)*
||Dennis, et al. v. Baker, et al.
(Dover.) (DC Dela.)*
||Gibson, et al. v. Dade Co. Bd. of Public Instruction, et al.
(CA 5.) For facts, see IV DOCKET 30. Correction: July 1957: CA 5 reversed and remanded, held consideration of constitutionality of pupil assignment act premature. DC held for Def.-Bd. Pls.' appeal pending.
||Hunt, et al. v. Arnold, Ga. State School of Business Admr.
(ND Ga., Atlanta Div., #5781.)*
||Calhoun v. Latimer.
(Atlanta.) (ND Ga., Atlanta Div., #6298.)*
||Orleans Parish School Bd., et al. v. Bush, et al.
(New Orleans, La.) (CA 5.) For facts, see IV DOCKET 30. Oct. 23, 1958: DC entered final decree ordering desegregation. Def.-Bd.'s appeal pending.
||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.)*
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||Henley, et al. v. La. State Univ. Bd. of Supervisors.
(CA 5, #17421.) For facts, see IV DOCKET 31.*
A. P. Tureaud, Esq., 821 Orleans Ave., New Orleans, La.
||Groves, et al. v. Bd. of Educ.
(St. Mary's Co.) (CA 4, #7755.) For facts, see IV DOCKET 31. Nov. 13, 1958: CA 4, per curiam, affirmed DC judgment for Pls.
Tucker R. Dearing, Esq., 627 Aisquith St., and Juanita Jackson Mitchell, Esq., 1239 Druid Hill Ave., both of Baltimore; Jack Greenberg, Esq., N.A.A.C.P. Legal Defense and Educ. Fund, Inc., 10 Columbus Circle, NYC.
||Hart v. Bd. of Educ.
(Charles Co.) (DC Md.) For facts, see IV DOCKET 31. Aug. 28, 1958: DC dismissed.
||Henry v. Godsell.
(ED Mich., #14,769.) 1958: Pl., Negro school child, seeks injunctive relief against School Bd. for maintaining and compelling attendance at segregated schools. DC dismissed, held school site chosen on basis of population, accessibility, transporation, etc., attendance areas not fixed arbitrarily to exclude any segment of school population.
||In the Matter of Mallory, et al.
(formerly Mallory, et al. v. N. Y. C. Bd. of Education.) (N.Y.C. Domestic Relations Ct.) For facts, see IV DOCKET 31. Sept. 1958: Five Harlem parents kept their children out of Harlem schools they alleged to be inferior and discriminatory. Dec. 1958: Ct. found parents guilty of violating NY Compulsory Education Law. Feb. 19, 1959: Parents not punished on their agreement to return children to other schools designated by Bd. of Educ.
||Matters of Skipwith and Rector.
(N. Y. Co. Domestic Relations Ct., Children's Ct. Div., #3913, 3945.) For facts, see IV DOCKET 31. Nov. 1958: hearing at which Bd. of Educ. officials testified re 1958 Report of Comm. on Integration re comparative standards in schools according to racial composition. Dec. 15: Justice Polier held for Pls.: 1) de facto racial segregation exists in NYC's Jr. High Schools; 2) no showing made that this is consequence of misfeasance or non-feasance of Bd. of Ed; 3) staffing of schools by licensed teachers shows discrimination against schools with large Negro and Puerto Rican populations; 4) Bd. of Ed. is entirely responsible for discrimination in teacher assignments; 5) "These parents have the constitutionally guaranteed right to elect no education for their children rather than to subject them to discriminatorily inferior education." Feb. 10, 1959: by agreement between parents and Bd., students assigned, but not to original schools or to schools originally requested by parents.
||Covington, et al. v. Edwards, Supt. of Schools, et al.
(Montgomery Co.) (CA 4.) For facts, see IV DOCKET 31. Appeal pending.
And see Jeffers, 522.NC6, Holt, 522.NC7.
||Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al.
(MD N.C., Rockingham, Div., #158-D.) For facts, see IV DOCKET 31. Aug. 28, 1958: DC granted Def's. motion to dismiss.
||Jeffers v. Whitley, N. C. State Supt. of Public Instruction, N. C. Bd. of Educ., et al.
(Caswell Co.) (MD N.C., Greensboro Div., #1079.)*
||Holt, Jr., v. Bd. of Educ.
(Raleigh.) (CA 4, #7758.) For facts, see IV DOCKET 32. Jan. 6, 1959: heard and submitted.
||Brown, et al. v. Long, Pres. Morris Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., Civ. #4245.) For facts, see IV DOCKET 32. Oct. 10, 1958: DC held for Defs.
||Jefferson v. McCarty, Collins, Liberty Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., #4532.) For facts, see IV DOCKET 32. Oct. 20, 1958: DC ordered Def.-Bd. to admit Pls. for enrollment in previously all-white school, but Bd. not required to admit other Negro children prior to Fall of 1959; Bd. directed to make plans for further integration for 1959 school year; Pls. denied relief against Def. Collins.
||Pennsylvania v. Bd. of Directors of City Trusts; Girard College Trusteeship.
(353 U. S. 230, 391 Pa. 434, 138 A. 2d 844.) For facts, see III DOCKET 61.
11 U. of Fla. Law Rev. 254-258 (Summer 1958); 47 Georgetown Law Rev. 391-394.
||Briggs v. Elliott.
(Clarendon Co.) (ED S. C., #2657.)*
||Kelly, et al. v. Bd. of Educ.
(Nashville.) (CA 6, #13,748-9.)*
||Ward v. Bd. of Educ.
(Knoxville.) (ED Tenn., N. Div., #3158.)*
||Pls. v. Bd. of Educ., et al.
(Memphis State University.) (WD Tenn.)*
||Ross v. Rogers, Pres., Houston Independent School Dist.
(DC Tex., Houston #10,444.)*
||Dallas Independent School Dist. v. Edgar.
(Tex. Dist. Ct.)*
||Allen, et al. v. County School Bd.
(formerly entitled Davis v. Bd.) (Prince Edward Co.) (CA 4, #7829.) For facts, see IV DOCKET 33. To be argued, April term, 1959.
||Corbin, et al. v. School Bd.
(Pulaski Co.) (WD Va., Roanoke, #341 Civ.)*
||Va. Atty. Genl. Almond v. Va. Controller.
(Va. Sup. Ct. of App.) Sept. 13, 1959: With consent of Gov. Almond, Atty. Genl. sued to test validity of new Va. laws giving Gov. power to close individual schools confronted by integration. Issue: would Def.-Controller pay state tuition grants for private education? Jan. 19, 1959: Va. Sup. Ct. of App. (5-2) held school closure law unconstitutional: when U.S.S.C. found segregation section 140 of Va. Constitution unconstitutional, it did not also invalidate section 129 requiring state to provide system of public schools. Va. ct. held law invalid because it divests local authorities of power and control over closed- 62 -
schools, giving this power to Gov. Decision unappealable; case closed.
And see 522.Va17, and effects of Almond decision in 522.Va4, .Va6, and .Va15.
||Atkins, et al. v. School Bd., et al.
(Newport News.) (DC Va., Newport News Div., #489.)*
||Beckett, et al. v. School Bd.
(Norfolk.) (CA 4, #7759.) (260 F. 2d 18.) For facts, see IV DOCKET 33. Sept. 27, 1958: CA 4 affirmed DC order directing admission of 17 Negro pupils to Norfolk schools; remanded for further proceedings re admission of 134 Negro students. Jan. 27, 1959: DC prohibited Norfolk City Council from cutting off funds for all grades above 6th in Negro and white schools. Feb. 2, 1959: 17 Negro students admitted to reopened school previously all-white.
And see 522.Va4a, 4b, 4c, 4d.
||27 Parents v. Gov. Almond, et al.
(DC Va., Norfolk Div.) Oct. 27, 1958: 27 white parents asked convening of 3-judge fedl. ct. to enjoin enforcement of state segregation laws under which six city schools closed, for order requiring Gov. to return closed schools to city control. Jan. 19, 1959: 3-judge ct. held Va. school closure law unconstitutional.
And see Beckett, 522.Va4, and .Va4b, 4c, 4d.
||Harrell, City Atty. v. Gov. Almond, et al.
(DC Va., Norfolk Div.) Oct. 27, 1958: suit filed by white parent on behalf of two minor sons. Issues: similar to .Va4a; decided jointly with .Va4a, 4c.
||N.A.A.C.P. v. Gov. Almond, et al.
(DC Va., Norfolk Div.) Oct. 29, 1958: N.A.A.C.P. filed action similar to Va.4a. Decision handed down in all 3 cases jointly.
||Petitioners v. Norfolk City Council.
(Norfolk Cir. Ct.) Nov. 11, 1958: 4 citizens sued for injunction to prevent public informational referendum on City's closed schools. Cir. Ct. denied injunction. Ch. J. of Va. Sup. Ct. of App. affirmed. Nov. 18: Norfolk voted 12,340 to 8,712 against petitioning Gov. to return control of schools to local authorities for operation on integrated basis.
And see Beckett, 522.Va4, and .Va4a, 4b, 4c.
||Allen, et al. v. School Bd.
(Charlottesville.) (CA 4, #7794.) For facts, see IV DOCKET 33. Jan. 30, 1959: CA 4 stayed DC order, Def.-Bd. to submit plan within 20 days; appeals dismissed; case remanded to DC.
||Hamm, et al. v. School Bd.
(formerly Thompson v. Bd.) (Arlington.) (CA 4, #7776.) For facts, see IV DOCKET 33. Jan. 23, 1959: CA 4 affirmed judgment of DC re admitting 4 Negro Pls. and not admitting 26 others; did not pass on propriety of five tests laid down by School Bd. in deciding on admissions. Feb. 2, 1959: 4 Negro Pls. admitted to previously all-white school.
||Kilbey, et al. v. Warren Co. School Bd.
(Front Royal.) (CA 4, #7760.) (259 F. 2d 497.) For facts, see IV DOCKET 34. Feb. 10, 1959: DC ordered Def. Bd. to immediately open school closed since Sept. 1958, and to admit 22 Negro students. (Co. had no high school for Negro children, who traveled to nearby counties for education.) Feb. 16: CA 4 denied stay till Sept. 1959. Feb. 19: 22 Negro students entered reopened school; 800 white students continued attendance at private school.
||Warden, et al. v. School Bd.
(Richmond.) (ED Va., Richmond.)*
||Hundley, et al. v. School Bd.
(Alexandria.) (ED Va., Alexandria.) For facts, see IV DOCKET 34. Feb. 4, 1959: DC ordered Def.-Bd. to admit 9 Negro Pls. to previously all-white schools, upheld exclusion of 3 Pls. because now attending schools nearer their homes, upheld exclusion of 2 Pls. because academic test scores significantly lower than average in white classes. Feb. 8: CA 4 denied stay. Feb. 10: 9 Negro Pls. entered 3 previously all-white schools.