522. Suits to enforce integration
||Shuttlesworth, et al. v. Birmingham Bd. of Educ.
(N Ala., #8914.) For facts, see IV DOCKET 28, 60. 9 Negro Pls. made new applications for transfers to previously all-white schools. Mar. 2: Bd. rejected applications because no showing that transfers would be of special benefit to Pls.
||Matthews, et al. v. Launius, et al.
(Bearden Dist.) (WD Ark., Civ., #570.)*
||Aaron, et al. v. McKinley, et al.
(Little Rock.) (ED Ark., W. Div., #3113.) For facts, see IV DOCKET 29, 60. May 4: 3-judge ct. heard argument on amended complaint challenging constitutionality of Acts 4 and 5 of 1958 (school closing and state aid transfer laws), and Act 151 of 1959 (student's proportionate share of state aid follows him if he chooses to transfer out of desegregated school.)
20 Montana L. Rev. 126-131 (Fall 1958);
37 N.C. L. Rev. 177-184 (Feb. 1959).
||Smith, et al. v. Gov. Faubus, et al. and Ark. Sovereignty Comm.
(Little Rock.) (Ark. S. Ct.) For facts, see IV DOCKET 39. 1958: Pls., Negro ministers, challenged unconstitutionality of Acts 83 and 85 of 1957 (creating Ark. Sovereignty Commission and requiring certain organizations to register with it.) Apr. 13: heard and submitted to Ark. Sup. Ct.
||Garrett v. Gov. Faubus
(formerly listed as v. School Bd.) (Little Rock.) (Ark. Sup. Ct.) For facts, see IV DOCKET 29, 60. Apr. 27: Ark. Sup. Ct. held for Def. (4-3), found Act 4 of 1958 (school closing law) constitutional as valid exercise of state police power, not violative of 14th Amendment. McFaddin, Holt and Smith, JJ., diss.: Ark. constitution provides "state shall ever maintain a general, suitable and efficient system of free schools": "The state is not 'maintaining' and never will 'maintain' such a system under Act 4".
||Fitzhugh v. Ark. Dept. of Education.
(Little Rock.) (Pulaski Co. Cir. Ct.)*
||Dove v. Parham.
(Dollarway School Dist.) (DC Ark.) Three Negro-Pls. seek desegregation of public schools. Def.-Bd. alleges Pls. did not exhaust administrative remedies. Pending before 3-judge fedl. ct.
||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. Buchana, 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.)* For facts, see IV DOCKET 30. Pending in U.S.S.C. Apr. 24: DC approved Def.-school Bd. plan for stair-step integration starting Sept. 1959, but eliminated provisions permitting pupils to choose own school and requiring Negro children to register for first grade but not white children.
||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, 60. Def. Bd. voted to initiate token integration in one school in county in Fall 1959.
||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.) For facts, see IV DOCKET 30. June 5: heard and submitted.
||Orleans Parish School Bd., et al v. Bush, et al.
(CA 5.) For facts, see IV DOCKET 30, 60. June 1: Def.-Bd's plea for stay of DC integration order heard and submitted.
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||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.)*
||Henley, et al. v. La. State Univ. Bd. of Supervisors.
(CA 5, #17421.) For facts, see IV DOCKET 31. Apr.: CA 5 affirmed DC order enjoining Def. from denying Negro students admission to New Orleans branch of La. State Univ.; held Pls. need not exhaust administrative remedies when Univ. Registrar sent two letters indicating Univ. policy to exclude Negro students.
||Covington, et al. v. Edwards, Supt. of Schools, et al.
(Montgomery Co.) (CA 4.) For facts, see IV DOCKET 31. Mar.: CA 4 affirmed, held N.C. laws giving parents right to transfer children constitutional; held Pls. had not exhausted administrative remedies; approved case as class action, but Pupil Assignment Bd. to make decisions case by case.
||Weaver, et al. v. Bd. of Trustees of Chapel Hill Graded Schools, et al.
(MD NC, Rockingham Div., #158-D.)*
||Jeffers v. Whitley, N.C. State Supt. of Public Instruction, N. C. Bd of Educ., et al.
(Caswell Co.) (MD NC., Greensboro Div., #1079.)*
||Holt, Jr., v. Bd. of Educ.
(Raleigh.) (CA 4, #7758.) For facts, see IV DOCKET 32. March: CA 4 affirmed DC ruling against Pl. for failure to exhaust administrative remedies.
||McKissick and Richardson v. Bd. of Educ.
(Durham.) (MD N.C.) Class action brought by 2 Negro-Pls. for admission of their daughters to all-white high school. Issues: whether Pls. have exhausted administrative remedies, including pupil asisgnment law; whether race was factor in Def.-Bd's. denial of Pls'. request for transfer. Apr.: heard and submitted.
||Pls. v. Bd. of Educ., N. C. Bd. of Educ., N. C. Advisory Committee on Education.
(Greensboro.) (MD N.C.) Pls.-Negro children seeking transfer from all-Negro school to all-white school adjoining. Pending.
||Pls. v. Bd. of Educ.
(Greensboro.) (MD N.C.) Pls.-Negro children seek transfer to formerly all-white school in which 4 Negro pupils were enrolled in 1957. Def.-Bd. alleges it is trying in good faith to comply with U. S. Constitution and N.C. Pupil Assignment Act. Pending.
||Pls. v. Bd. of Educ., N.C. Bd. of Educ., N.C. Advisory Committee on Education.
(Mecklenburg Co.) (MD N.C.) Pls.-Negro children seek transfer to previously all-white school. Pending.
||Brown, et al. v. Long, Pres., Morris Independent School Dist., et al.
(Okmulgee Co.) (ED Okla., Civ., #4245.)*
||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 II DOCKET 61.
34 N.Y.U. L. Rev. 152-159 (Dec. 1958);
20 Ohio State L. Jour. 132-136 (Winter 1959).
||Mills and Hamilton, Exec. v. City of Philadelphia.
(N.J. Super. Ct.) (144 A. 2d 728.) 1958: Executors of estate seek construction of trusts created by will for white beneficiaries, in view of U.S.S.C. decision in Girard, 522.Pa1. N.J. Super. Ct. construed Girard to mean state agency prohibited by 14th Amendment from participating in acts of discrimination, held trusts lawful, but private trustees must be substituted for state agency.
||Briggs v. Elliott.
(Clarendon Co.) (ED S.C., #2657.)*
||Kelly, et al. v. Bd. of Educ.
(Nashville.) (CA 6, #13,748-9.) For facts, see IV DOCKET 32. May: heard and submitted, Pls. arguing that, under Bd's. stair step plan, none of Pls. would attend integrated school before graduation, children zoned into integrated schools could ask for transfers. Pending.
||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.
(Prince Edward Co.) (CA 4, #7829.) or facts, see IV DOCKET 33. May 5: CA 4 unanimously reversed DC decision giving Def.-Bd. 7-yr. delay, directed DC to issue order forbidding Def.-Bd. from taking any action re education of Negro high school students on a racial basis starting Fall 1959; requiring Bd. to ignore race in considering applications for elementary schools at "the earliest practical day".
||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.) For facts, see IV DOCKET 61-2. Mar. 11: Va. Ct. of App. rejected Pl's. petition for rehearing.
||Atkins, et al. v. School Bd., et al.
(Newport News.) (DC Va., Newport News Div., #489.) For facts, see IV DOCKET 33. Def.-Bd. seeks dismissal as party, alleges suit should be brought against State Pupil Placement Bd., having sole authority over pupil assignment. Pending.
||Beckett, et al. v. School Bd.
(Norfolk.) (DC Va., Norfolk Div., #2214.) For facts, see IV DOCKET 33, 62. Apr. 25: 134 Negro pupils petitioned for admission, as directed by CA 4 decision.
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||Allen, et al. v. School Bd.
(Charlottesville.) (WD Va., #51.) For facts, see IV DOCKET 33, 62. Feb.: CA judge permitted schools to reopen on segregated basis, Bd. to submit desegregation plan for Fall 1959. May: Pls. and DC approved Def. Bd's. pupil assignment plan, under which 12 Negro children will be assigned to schools previously all-white.
||Hamm, et al. v. School Bd.
(Arlington.) (ED Va., #1341.) For facts, see IV DOCKET 33-34, 62. June 3: DC ordered Def.-Bd. to review by June 22 applications of 26 Negro students denied admission to all-white classes, held Def. Bd., not State Pupil Placement Bd., responsible for making pupil assignments.
||Warden, et al. v. School Bd.
(Richmond.) (ED Va., Richmond.)*