Correspondence from Lani Guinier to Prof. Allan Lichtman Re San Antonio Voting Rights Conference

    IN THE
UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 
NO. 76 - 4392

EUGENE FRANK STEWART
Plaintiff-Appellant 
v.

BOARD OF TRUSTEES OF 
THE KEMPER COUNTY 
SCHOOL DISTRICT

Defendant-Appellee

APPENDIX

HELEN J. MC DADE 
Post Officer Drawer 100 
DeKalb, Mississippi 39328

Counsel for Defendant-Appellee

FRED L. BANKS, JR.
538% North Parish Street 
Jackson, Mississippi

JACK GREENBERG 
MELVYN R. LEVENTHAL 
10 Columbus Circle 
New York, New York 10019
Counsel for Plaintiffs-Appellants



INDEX

DOCUMENT ORIGINAL
RECORD

Complaint ........................  1
Answer ............................ 2 5
Order of Reference to Magistrate... 102
Pre-Trial Order ..................  93
Recommendation of Magistrate .....  329
Objection to Magistrate's

Recommendations ...............  341
Order ............................. 343
Final Judgement ..................  344
Notice on Appeal .................  346
Transcript of Trial Proceedings.... 110-328
Trial Exhibits Index .............
Trial Exhibits ...................

APPENDIX

1

13
24
25 
34

, 46
48
49 
51

53-278
279

283-337



IN THE UNITED STATES DISTRICT COURT- • -
' —r~ V" •

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI O
EASTERN DIVISION

EUGENE FRANK STEWART, <
Plaintiff, j

vs. ^
BOARD OF TRUSTEES OF THE 
KEMPER COUNTY SCHOOL <
DISTRICT; HAROLD KITCHENS, <
GUY C. DARNELL, J. R. <
DUDLEY, JR., I. D. GORDY, <
JR., and J. W. WEAVER, <
individually and as members \
of the Board of Trustees of <
The Kemper County School <
District; L. B. MITCHELL, <
individually and as <
Superintendent of Education <
of the Kemper County School <
District, l

Defendants. \
______________________________ )

CIVIL ACTION

N°- ŷ / ~ U Ot)

C O M P L A I N T

I

JURISDICTION

1. Jurisdiction of this Court is invoked pursuant 
to 28 U.S.C. Sections 1331, 1343(3), 1343(4); this is an ac­
tion authorized by 42 U.S.C. §§1981 and 1983 seeking vindica­
tion of rights assured and protected by the Thirteenth and 
Fourteenth Amendments to the Constitution of the United States. 
Jurisdiction is further predicated upon 42 U.S.C. §2000(e), 
et. seq., [Title VII of the Civil Rights Act of 1964].



2. This is an action in Equity seeking injunctive 
and other relief arising out of defendants' unlawful demotion 
of plaintiff from high school to elementary school principal.

II

PARTIES

3. Plaintiff Eugene Frank Stewart is a black citi­
zen of the United States and of the State of Mississippi re­
siding in DeKalb, Mississippi. He is currently principal of 
West Kemper Elementary School.

4. Defendant Board of Trustees of Kemper County 
School District has control of the public schools of Kemper 
County which include West Kemper Elementary School and West 
Kemper High School.

5. Defendants Harold Kitchens, Guy C. Darnell, J.
R. Dudley, Jr., I. D. Gordy, Jr., and J. W. Weaver are mem­
bers of and comprise the Board of Trustees of the Kemper 
County School District. As such they are ultimately respon­
sible for all unlawful acts complained of herein.

6. Defendant L. B. Mitchell is the Superintendent 
of Education of the Kemper County School District; as such he 
is immediately responsible for all unlawful acts complained 

of herein.

7. The above named defendants are sued individually 
and in their official capacities. At all times herein com­
plained of, their acts were done under color of authority 
vested in them by the laws of the State of Mississippi.

-2-

2



Ill
FACTS

8. Plaintiff Stewart received his Bachelor of 
Science degree from Jackson State College and his Master's 
degree from Tuskegee Institute. He holds a double "A" cer­
tificate in School Administration which qualifies him under 
state standards to administer both elementary and secondary 
school programs.

9. Prior to the demotion complained of herein, 
plaintiff served for 20 years as chief administrator and 
principal of the formerly black Whisenton High School. Dur­
ing that entire period plaintiff's performance was in all 
respects exemplary.

10. Upon the November 7, 1969 order of the United 
States Court of Appeals for the Fifth Circuit, as amended on 
September 10, 1970, the public schools under defendants' ju­
risdiction were converted from dual to unitary operation.
(423 F.2d 1264; 433 F.2d 622) Under the "terminal" plan of 
pupil assignment approved by the Appeals Court, the defendants 
operate, inter alia, two attendance centers: a) West Kemper
Elementary School serving grades 1-4 (formerly DeKalb High 
School) and b) West Kemper High School serving grades 5-12 
(formerly Whisenton High School).

11. Upon the orders of the Appeals Court and through 
the 1972-73 school year, plaintiff was retained at the West 
Kemper (Whisenton) High School in his position as principal.

12. February, 1973, defendants determined to merge 
West Kemper Elementary School and West Kemper High School for 
the purposes of administration and to create a new position, 
"Administrative Principal of West Kemper County Schools."

-3-

3



Defendants further determined to house the office of this new 
administrator in the West Kemper (Whisenton) High School and 
to place plaintiff under the supervision of the new adminis­
trator.

13. The position of "Administrative Principal of 
West Kemper County Schools" was awarded to a white male, the 
school district's former Title I Coordinator, who is less 
qualified than plaintiff in terms of experience, certifica­
tion and education.

14. Plaintiff refused to acquiesce in defendants' 
decision to diminish his authority at the West Kemper High 
School and declined to accept a contract as "principal" of 
the High School when, in fact, his responsibilities would be 
curtailed and circumscribed by the new administrative head 
of West Kemper County schools.

15. Plaintiff filed a written charge with the 
Equal Employment Opportunities Commission charging defendant 
with racial discrimination in its employment policies and 
practices. March 29, 1974, the Commission found reasonable 
cause to believe that defendant had discriminated against 
named plaintiff and others similarly situated. After efforts 
at conciliation failed, the EEOC on June 11, 1974 (received 
by plaintiff on June 17) issued its "Notice of Right to Sue." 
Attached hereto as "Exhibit A" is a true copy of the EEOC's 
determination; attached hereto as "Exhibit B" is a true copy 
of the "Notice of Right to Sue."

Accordingly, all procedural and jurisdictional 
requirements established by 42 U.S.C. §2000-e, et. seq., as 
prerequisite to the filing of this Complaint have been sat­
isfied.

-4-

4



16. Neither Kemper County nor the State of Missis­
sippi has a law forbidding the employment policies and prac­
tices complained of herein.

IV

CAUSES OF ACTION

17. Defendants created the position of "Administra­
tive Principal of West Kemper County Schools" and defendants 
filled that post with a white male, for the purpose and with 
the effect of demoting plaintiff Stewart from principal to 
assistant principal and placing West Kemper High School under 
a white administrator in violation of plaintiff's rights as­
sured and protected by the aforementioned orders of the United 
States Court of Appeals for the Fifth Circuit (uniform 
Singleton decree), the Equal Protection Clause of the Four­
teenth Amendment, 42 U.S.C. §§1981, 1983, and 42 U.S.C. 
§2000(e), et. seq.

18. Plaintiff Stewart was demoted and/or refused
a promotion by defendants solely because of his race in viola­
tion of his rights assured and protected by the Thirteenth 
and Fourteenth Amendments to the Constitution of the United 
States, the aforementioned orders of the United States Court 
of Appeals for the Fifth Circuit and in violation of 42 U.S.C. 
§§1981, 1983 and 42 U.S.C. §2000(e), et. seq.

19. Defendants' decision to demote and/or not to 
promote plaintiff Stewart was arbitrary, capricious, unrea­
sonable and not based on any reasonable standards relating to 
the educational objectives of the Kemper County School Dis­
trict. As such, the demotion violates plaintiff's rights 
assured and protected by the due process clause of the Four­
teenth Amendment to the Constitution of the United States.

-5-



20. Plaintiff has no plain, adequate or complete
remedy at law to redress the wrongs alleged herein; plaintiff 
is now suffering and will continue to suffer irreparable in­
jury from the defendants' policies and practices as set forth 
herein.

Court will advance this cause on the docket and order a 
speedy hearing thereof and upon such hearing:

enjoining defendants, their agents, employees, successors 
and those acting in concert with them to reinstate plaintiff 
to the position of principal of the West Kemper High School, 
with all authority vested in that position by custom and law 
assured, and to continue such contract in force from year to 
year;

to abolish the position of Administrative Principal of West 
Kemper County Schools or, in the alternative, award plaintiff 
that position;

V
PRAYER FOR RELIEF

WHEREFORE, plaintiff respectfully prays that this

1. Enter a preliminary and permanent injunction

2. Preliminarily and permanently enjoin defendants

June 20, 1974
M ^ t r f k T T ^ E N T H A L  +  
ANDtdSON, BANKS, NICHOLS 
& LEVENTHAL

TN
:asi
:vei
538% North Farish Street 
Jackson, Mississippi 39202

Counsel for Plaintiff



' U A L  E M P '  O r M L N T  O P P O F ? T U N I T Y  C O .  S S I O N

2 0 3  W E S T  C A P I T O L  S T W E f  T. S I / O N O  I L O O P  

J A C K S O N .  M I S S I S S I P P I  3 ' J ? O I

J A C K S O N  D I S T R I C T  O F F I C l

March 29, 1974

In reply refer to: 
Case No. YJA4-424 
Charge No. TJA3-0653

E . F . Stewart 
P. 0. Box 250
Dekalb, Mississippi 39328

Charging Party

Kemper County School System 
c/o City Hall
Dekalb, Mississippi 39328

Respondent

Determination
Under the authority vested in me by 29 CFR 1601. 19b(d) 
(September 27, 1972) I issue, on behalf of the Commission, 
the following determination as to the merits of the subject charge.
Respondent is an employer within the meaning of Title VII, 
and the timeliness and all other jurisdictional requirements have been met.
Respondent, as of April 15, 1973, employed 118 teachers, of 
whom 79 (67 percent) were Black. A total of 2,060 students 
attended Respondent schools, of whom 1,754 (85 percent) were 
Black. Respondent serves Kemper County, of which 55 percent 
of the population is Black.
Charging Party alleges that he was demoted from the position of 
High School Principal, a position he had held for 20 years, to 
Principal of an Elementary School, because of his race. 
Respondent denies that this was the reason for the switch of 
Charging Party from a High School to an Elementary Principal.
The evidence indicates that Charging Party was first employed 
by the Kemper County School System as a High School Principal 
for Whisenton High (now West Kemper High), one of five all 
Black High Schools. Whisenton became the only Black High School 
in 1958, but Spencer Higli School (now East Kemper High School) 
in Scooba, Mississippi, was formed a year later and also served 
only Black students. As late as the 1967-68 school year, 
Respondent continued to maintain a totally segregated school 
system.

EXHIBIT A

7



S s s ?  - «
ing the s t u d e i ts ^ U h " *  ' , hoWGVcr , continued to r e ™  ®ornPl e t e Iy  
i n t e g r a t i o n "  consi  t- h "  Cactl s cl iool .  The f i  ret- » S1St I n t e g r a t -  
another ,  but , d ° r mo« " g  c l a s s e s  student
the time of this i L * f ■ rcmain<-’d totally of 0 ^°"° SCil°o1 to(the exception , investigation, all but on 2 race- A« of 
still concentrated"^ the ° ne '‘caded by th e ' e ^  th® scho°ls

•u ” do“  “  “ * - -
dur ing  the 1972-73 s t 1^e s **Ut*ents.

previouslyerere i v e d ^ eRf'edera  ̂ a n ^ t h V s l t t e ^ n ? ^ ? ° ndont wou^
^ L l L et F rdesired to “ e ta , "  S““ ‘< • iL. , " "  , 1” ' “ uld retain

tO whether th™ « uii“ J°nd<’nt “ cn notifi”  ! ? " ,

•* di»” - ‘"-.ti„„ » \ 2 « s r  “ • f o n ‘» ‘"o

S ^ i ~ i r r ; K “ “ ?h s t ‘ h? ; s t i g , t e r , , dy rS. d

or becauge
(Black teacher n t° be apPlied m  a d i s c r , ^ 6'''1"911' valid 
County, while a wh 5°tainCd ^ c a u s c  U v e d o u ^ a  7 fjshl°n 
County „as i teacher who also f?,, 2 Slde.'of Ke"Per
they didn’t knain,Cd because the Principal 6d outside of Kemper

-  2 .  a s . - 1-’- «
Charging Partv n .
made an i n i t i a l '  as P r i n c i p a l  o f  the West K™
teachers >•

(1 ) Thnc: . tollQwmg criteria..
(2) N e x t Ge 11 nu n a ted  ̂  ere  ' th  os o aSk° d to do s °

(3) rfna^lT thoid 1 W°re tC'1Ching °Ut
new contracts. “ * hlr°d wcre told they may not get

r ^ r s n t ^  -
° two Persons who were to

- 2-

8



« = ; r: " p;:” U u  ."tfu-swj •nothing concerning the competcnco of tl/3/ /  that they kncw 
struck the name of a Black?teacher w h o . i 11to toachcr, they 
for many years (although never working in t h ™ "  systomeither Principal). The reason ni„ / L c sal"° sci'ool as 
tlie Black teacher did not live in the ca, SWltch was tdat wlien tlie issue was raised bv rrnr ti ountV- It was only 
the White teacher inQuestion i ' r "  V  d«volopoU that 
a fact which both Principals asseri-/// °ULsidc the county, 
at the time. They also struck the they Were u"‘™ e  of7 ' 
teachers who Charginq Partv haH ° f Scvcral Black
with other Black teachers/ d lncluded and replaced them
In February of ]<i7 i n, c
Charging Party that'it had bee^decided to ™ " C?tion informed 
Assistant Principal's position 1th * •  eliminate the 
retiring) . Jt w£s also decided t /' ASsif,tarit Principal was 
Career Centered education Program wh°VGi ° direct°r of the 
elementary Principal anS Title ? S° Servcd as a”
of Administrative Principal over < f5 1Cr°,r to a new Position 
and High Schools. Charging Par/ w / St Kompor Elementary 
Principal of West Ken, er H i g / s c / / “  " iS asPrincipal, however w-,<= t^ h , ooi • ‘he Administrative 
Charging P a r t y / / ™ / / e w / l  «,e High School,
refused to accept such an a r n n  arrangement as a demotion

appo.“ ; „ r « " p " ’°r “"f „ r tr°inf“ u yschool (which involved no cut in salary,. C Llemcntary

offered P« ty>* ^ i n g
prior year there had been two e /  . T " 1^ 7 .Sch°o 1 - The 
Higli School Principals but as n o t /  Principals and two
Principal to Charging Party was retirinq^'Thh / A S S t a n t  Education Program was being d i m  ' Ihc U r e o r  Centered
funds, and therefore it was decided to b°CaUseKof lack of position of Administrative r - r / /  /  assign him to the 
tary and High Schools Besnnnrf / !  over both tho Elemon- 
cated that the School 'l3oardwas'not l / / 1nt?nd«nt also indi- 
Party's performance, noting thit rh ppy Wlth Charging 
Placed on probation prior to his beco^ng" thertL p : r / / enndent.

he became a / L Wh 1 /  ' states that
refused to accept the position because°h havin9 earlier
by certain teachers that char i /  ° had b°en informed
with. The Assistant PrincJo i /  ? , ^  hard to <Jct along
System c/uTdn - ^ * a t ““t ^ l S f
0rt* "  -  “ “  “ • - -  S & S J S X  S S S ?  fcf

- 3 -

11

/■



only White person who could work with Charging Party Tlie 
Assistant Principal , Heated that he accepted the position only 
alter Charging Pirty agiecd to sign an agreement that 
became a part ol both of their contracts

Respondent Superintendont listed numerous alleged deficiencies 
in Charging Party's performance, which allegedly justified his 
being supervised by an Administrative Principal and when lie 
refused to accept this arrangement, being switched to Principal 
of an Element ary School. However, alleged performance problems 
were not such as led to any action such as reduction in pay 
Charging Party's performance appears to have been very criti­
cally scrutinized and the subjective evaluation of him by the 
Superintendent was in a context of pervasive racism which we 
find still permeates the Kemper County School System.
We find it more than coincidental that tile only Principal in 
the system who did not resegregate the White students within 
his school and one of the few Principals who used objective 
d n t e n a  in determing which teachers to retain was the one 
Principal whose status in the School System was to be radi­
cally changed. As indicated above, racial considerations have 
long motivated Respondent's actions toward Charging Party.
This finding is further buttressed by the fact that the 
Kemper County Sciiool System failed to integrate its faculty 
and students for nearly 15 years after the United States 
Supreme Court declared such segregation to be in violation 
of the United States Constitution and then did so only after 
being ordered to do so by a Federal Court: that Respondent 
continues to condone segregation of Wli i to students within its 
School System; that Respondent selected an Assistant Principal 
to work with Charging Party allegedly because, in his words 
he was the only "White" who could work witli Charging Party 
and only when this White Assistant Principal retired did 
Respondent decide that Charging Party, who nad been a High 
School Principal for 20 years, was not competent to run the 
school and therefore appointed a "White" to oversee the operation of die High School.
We also note that the reason given by Respondent for not 
renewing contracts of several teachers and having a Principal 
whose program was to be abolished was lack of funds While it 
is true that it appeared that Respondent would receive less 
Federal and State funds than the previous year, the record 
also indicates that after the Federal Courts ordered desegre­
gation of the Public Schools, a private all White sciiool was 
established in Kemper County and an all White governing body 
leduced support of Public Education in Kemper County from 25 to 20 mills per year.
In summary, the record supports a finding that 
continues to pi ay a major role in the policies 
Sciiool System compelling us to credit Charging

race rias and 
of Respondent 
Party's allegation

-4 -

10



that his demotion was at least in part because of nis race, 
in violation of Title VII of the Civil Rights Act of 1964,' 
as amended. See Commission Decision 71-2341, CCII EEOC 
Docis ions (19 71) , parT C7T7 7 -------------------
Having determined that there is reasonable cause to believe 
that Respondent has engaged in unlawful employment practices, 
the Commission now invites you to join witii it in a collec­
tive effort toward a just resolution of tiiis matter. We 
enclose an information sheet entitled "Notice of Conciliation 
Process” for your information. A representative of tnis 
office will contact you in the near future to begin the 
conciliation process.

On behalf of the Commission:

District Director
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



L.
•JUN 1 ̂ 974

JSP:DLB:nwm 
DJ 169-41-62

REGISTERED MAIL
Mr. E.F. Stewart 
P.O. Box 250
Dekalb, Mississippi 39328

Re: EEOC Charge Against Kemper County School
System No. YJA 4 - 4 2 4 ______

r ' ' 1' ' ' —" "" — 1 ■■■'
Dear Mr. Stewart:

Because you have filed a charge against the 
.respondent named above and more than 180 days have 
elapsed since the Equal Employment Opportunity 
Commission assumed Jurisdiction over that charge, 
and no suit based on that charge has been filed by 
this Department, you are hereby notified that you 
have the right to institute a civil action under 
Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. 2000e et sen.. against the above 
named respondent.

The civil action must be filed in the appro­
priate United States District Court within 90 days 
of your receipt of this Notice.

If you are unable to retain an attorney, the 
court is authorized in its discretion to appoint an 
attorney to represent you and to authorize commence­
ment of the suit without payment of fees, costs, or 
security. In order to apply for an appointed attorney,

EXHIBIT B



you may take this Notice, along with any correspondence 
you have received from the Department of Justice or the 
Equal Employment Opportunity Commission, to the Clerk 
of the United States District Court in Meridian, 
Mississippi.

Your attorney may arrange with EEOC to inspect 
the Investigative file pertaining to your case. That 
file is located in the EEOC District Office, at the 
address below.

In addition, you should be aware that the 
Kemper County School System is under a court order 

i in a lawsuit to which the United States is a party. 
While it is possible that this Department may determine 
to taka further action concerning your complaint in 
connection with these legal proceedings, this should 
in no way affect your decision to pursue your rights 
under Title VII.

We request that you send this Department a 
copy of any complaint initiating suit.

Sincerely
J. STANLEY POTTINGER 

Assistant Attorney General 
Civil Rights Division

By:
DANIEL L. BELL, II 

Attorney
Education Section

cc: Ms Evelyn Falkowski, Director
EEOC District Office 
203 West Capitol St., 2nd Floor 
Jackson, Mississippi 39201

■538 1/2 North Farish St. 
Jackson, Mississippi 39202



IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

EUGENE FRANK STEWART,

Plaintiff

vs. CIVIL ACTION NO.E74-33(N)
BOARD OF TRUSTEES OF THE )
KEMPER COUNTY SCHOOL DISTRICT; )
HAROLD KITCHENS, GUY C. DARNELL, )
J. R. DUDLEY, JR., I. D. GORDY, )
JR., and J. W. WEAVER, Individually ) 
and as Members of the BOARD OF )
TRUSTEES OF THE KEMPER COUNTY SCHOOL )
DISTRICT; L. B. MITCHELL, Individually) 
and as Superintendent of Education of )
THE KEMPER COUNTY SCHOOL DISTRICT, )

Defendants, )

A N S W E R 0 F D E F E N D A N T S

I.
JURISDICTION

1. The Defendants deny sub-paragraph 1 of Paragraph I of 
the Complaint, and further deny that the Plaintiff is entitled 
to a jury trial.

2. The Defendants deny sub-paragraph 2 of Paragraph I of
the Complaint. Defendants further deny that there was any unlawful 
demotion of Plaintiff by Defendants, and Defendants charge affirma­
tively that the Plaintiff requested and applied for the position 
of principal at West Kemper Elementary School, and that it was upon 
his request that he was given the principalship at West Kemper 
Elementary School, and that the said Plaintiff executed a written 
contract for said position on March 12, 1973, at and for the same 
salary he had been receiving as principal of West Kemper High 
School; that after March 12, 1973, the Mississippi Legislature 

increased teacher's salaries, and the said Plaintiff, E. F. Stewart,



was given the benefit of this raise and did, in fact, execute 
another contract of employment on June 11, 1973, for the position 
as Elementary Principal of West Kemper Elementary School, for a 
larger salary, which was made possible through legislation of the 
Mississippi State Legislature, and that a photostat copy of said 
contracts of employment are attached hereto as Exhibits "A" and 
"B", and made a part hereof.

II.
PARTIES

3. The Defendants admit the averments of sub-paragraph 3 
under Paragraph II of the Complaint.

4. The Defendants admit the averments of Paragraph 4 of 
Paragraph II of the Complaint.

5. The Defendants admit that Harold Kitchens, Guy C.Darnell, 
J. R. Dudley, Jr., I. D. Gordy, Jr., and J. W. Weaver are Members 
of and comprise the Board of Trustees of the Kemper County School 
District. Defendants deny, however, that as such they are ulti­
mately responsible for all unlawful acts complained of in the 
Complaint, and by way of further denial would further say that 
they have not committed any unlawful acts complained of in the 
Complaint.

6. The Defendants admit that L. B. Mitchell is the Superin­
tendent of Education of the Kemper County School District. Defen­
dants deny, however, that as such he is immediately responsible 
for all unlawful acts complained of in the Complaint, and by way 
of further denial would further say that he is not responsible for 
any unlawful acts as complained of in the Complaint.

7. Defendants deny that they should be sued in their indi­
vidual capacities; and, the Defendants deny that they should be 
sued in their official capacities. The Defendants admit that 
all of their acts were done under color of the authority vested 
in them by the Laws of the State of Mississippi.

y  -■ 
C r '

u
-2-



)

III.
FACTS

8. The Defendants admit the averments contained in sub- 
paragraph 8 of Paragraph III of the Complaint.

9. The Defendants deny the demotion claimed of in the 
Complaint, and the Defendants deny that the Plaintiff served for 
twenty years as chief administrator of the formerly black Whisenton 
High school, but the Defendants admit that the Plaintiff served 
for twenty years as principal of the formerly black Whisention High 
School. Defendants, however, deny that during that entire period 
Plaintiff's performance was in all respects exemplary; but, by
way of further denial, the Defendants would most respectfully aver 
that there were numerous, various and sundry acts committed by the 
Plaintiff during said period of time that in no wise would place 
a good example or good credit to Plaintiff as principal of said 
school, and was detrimental to the welfare of said school and the 
students therein; however, Defendants by way of further denial 
would most respectfully further aver that even in view of said acts 
and conduct of the Plaintiff as principal of said school, the 
Plaintiff was never demoted nor transferred and still continued to 
hold the position as principal of said school until he requested 
of the Defendants that he be given the position as principal of the 
West Kemper Elementary School instead of the West Kemper High 
School, and his request was predicated on his own desire, of his 
own free-will, to have the principalship of West Kemper Elementary 
School instead of West Kemper High School, and the Defendants so 
honored his request, and he was given a contract as principal of 
West Kemper Elementary School as requested by him, at and for the 
same identical salary he had been receiving as principal of the West 
Kemper High School.

10. The Defendants admit the allegations of sub-paragraph 10 
of Paragraph III of the Complaint.

11. The Defendants deny that it was upon the orders of the 
Appeals Court that through the 1972-73 school year Plaintiff was 
retained at West Kemper (Whisenton) High School in his position as 
principal, but the Defendants admit that the Plaintiff was retained

15
/

-3-



at the West Kemper (Whisenton) High School in the position as 
principal through the 1972-73 school year.

12. The Defendants deny the averments contained in sub- 
paragraph 12, Paragraph III, of the Complaint.

13. Defendants deny the averments contained in sub-paragraph 
13, Paragraph III, of the Complaint.

14. The Defendants deny the allegations contained in sub- 
paragraph 14, Paragraph III of the Complaint.

15. The Defendants admit that the Plaintiff filed a written 
charge with the Equal Employment Opportunities Commission, charging 
Defendants with racial discrimination in its employment policies 
and practices. The Defendants deny all other averments contained 
in said sub-paragraph 15, Paragraph III, of the Complaint.

16. The Defendants deny the averments contained in sub- 
paragraph 16, Paragraph III, of the Complaint.

IV.
CAUSES OF ACTION

17. Defendants deny each and every averment contained in 
sub-paragraph 17, Paragraph TV, of the Complaint.

13. The Defendants deny each and every averment contained 
in sub-paragraph 18, Paragraph IV, of the Complaint.

19. The Defendants deny each and every averment contained 
in sub-paragraph 19, Paragraph IV, of the Complaint.

20. The Defendants deny each and every allegation contained 
in sub-paragraph 20, Paragraph IV, of the Complaint.

V.
PRAYER FOR RELIEF

The Defendants deny that the Plaintiff is entitled to any 
of the relief as prayed for in the prayer for relief as contained 
in Paragraph V of the Complaint. Defendants deny that a prelimi­
nary and permanent injunction enjoining Defendants, their agents, 
employees, successors, and those acting in concert with them to 
reinstate Plaintiff to the position of principal of the West Kemper 
High School, with all authority vested in that position by custom 
and law assured, and to continue such contract in force from year 
to year; Defendants deny that they should be preliminarily and



permanently enjoined to abolish the position of administrative 
principal of West Kemper County Schools or, in the alternative, 
award Plaintiff that position, and by way of further denial state 
unto the Court that there is absolutely no such position as adminis­
trative principal of West Kemper County Schools in Kemper County 
School System; and, the Defendants deny that the Plaintiff should 
be awarded back pay arising out of his unlawful demotion and/or 
failure to promote; but, by way of further denial the Defendants 
would most respectfully aver that there has never been any decrease 
in the salary of Plaintiff, and there was no job available in the 
school system for him to be promoted to; and, the Defendants deny 
that the Plaintiff should be awarded costs and reasonable attorney 
fees in this cause; and, the Defendants deny that the Plaintiff is 
entitled to any of the relief as prayed for in the prayer for 
relief, Paragraph V, of his Complaint.

AFFIRMATIVE DEFENSES

And now, having fully answered the Complaint exhibited 
against them, come now the Defendants and for affirmative defenses 
would respectfully show unto the Court the following facts:

FIRST DEFENSE

The Plaintiff , j  at the conclusion of the 1972-73 school year, 
requested that the Kemper County School Board give him the position 
as principal of the West Kemper Elementary School in lieu of the 
principalship of the West Kemper High School, and the Plaintiff's 
request was honored by the Kemper County Board of Education and he 
was granted the position of principal of the West Kemper Elementary 
School, and in truth i=ind fact, and of his own free will and desire 
and volition, executed his contract of employment for the position 
of elementary principal of the West Kemper Elementary School on 
March 12, 1972, at and for the same salary he would have received 
had he desired and requested to retain the principalship of the 
West Kemper High School; that shortly thereafter the Mississippi 
Legislature enacted legislation granting pay raises to those engaged

-5-17i



in the teaching profession, and the Plaintiff on June 11, 1973, 
executed a new contract of employment in lieu of the contract of 
employment executed by him on March 12, 1972 aforesaid, which 
gave him the benefit of and provided him with the extra increase 
in salary as provided by the Legislature aforesaid; a true and 
correct copy of each of the said contracts of employment executed 
by the Plaintiff being attached hereto and incorporated herein by 
reference as Exhibits "A" and "B" to the answer and affirmative 
defenses of the Defendants.

SECOND DEFENSE

The Plaintiff has not exhausted his administrative remedies 
as provided for by Senate Bill 2108 enacted by the 1974 regular 
session of the Mississippi Legislature.

THIRD DEFENSE

That this Court has no jurisdiction of the alleged controversy.

FOURTH DEFENSE
That the Complaint fails to state a claim upon which relief 

can be granted against (a) Harold Kitchens, Guy C. Darnell, J. R. 
Dudley, Jr., I. D. Gordy, Jr. and J. W. Weaver in their individual 
capacities; and (b) Harold Kitchens,Guy C. Darnell, J. R. Dudley, 
Jr., I. D. Gordy, Jr. and J. W. Weaver in their official capacities 
as members of the Board of Trustees of the Kemper County School 
District.

FIFTH DEFENSE
The Defendants have not breached any duty owed to the Plaintiff; 

and, the Defendants have not violated any constitutional rights of 
the Plaintiff, and they have not violated any statutory rights of the 
Plaintiff.

SIXTH DEFENSE
The Defendants charge that the Plaintiff has a plain and 

adequate remedy at law in the state courts to assert the rights 
alleged in his Complaint.

- 6-

1Sv J



SEVENTH DEFENSE

The Defendants charge affirmatively that the Plaintiff, 
of his own free will and accord, requested the principalship 
of West Kemper Elementary School in lieu of the principalship at 
West Kemper High School beginning with the scholastic year 
1973-74; that-his request, therefore, was made by virtue of his 
own personal will and desire, and the Defendants herein had 
absolutely nothing to do therewith; that the Plaintiff had shown 
his disinterest in the West Kemper High School over a long period 
of time by committing various and sundry and numerous acts which 
were not in the best interest of the school nor the students as 
follows: (a) The Plaintiff executed athletic eligibility forms
for 1971 certifying certain football players to be at an age that 
would not render them ineligible, when in truth and fact they were 
too old to play on the football team and as a consequence the 
players were ruled ineligible and West Kemper High School was placed 
on probation for one year; (b) The Plaintiff failed and refused 
to keep the proper bookkeeping records for lunchroom operations, 
and Plaintiff and Defendants were so advised by the State Depart­
ment of Education; (c) The Plaintiff refused to place permanent 
records under lock and key in the vault as regulations required, 
but left the same in teacher's classrooms where they were available 
to the students, and grades on records were changed; (d) That 
Plaintiff kept no card file on students, and in order to find students 
it was necessary to go from room to room; (e) The Plaintiff 
scheduled examinations so that a majority of the students in the 
school had four examinations in one day; (f) That the Plaintiff 
failed to keep financial statement?on the athletic,concession,and 
gate receipts so that there was no way to determine which was gate 
receipts and which was ticket sales; (g) That the Plaintiff failed 
and refused to provide tickets for said athletic games; (h) That the 
Plaintiff had problems with schedules due to no planning, and stu­
dents had to enroll in courses that they did not want; (i) That

-7-



the Plaintiff allowed teachers to order supplies for the school
program, to buy and pay for same, without office jurisdiction;
(j) That the Plaintiff kept the West Kemper High School from
having a high school band, such as it was capable of having, even
though complete band instruments and music had been transferred
from the DeKalb High School to West Kemper High School; (k) That
the Plaintiff caused correspondence to teachers and departments
not to be routed and given to the teachers, and athletic meetings
and letters were not given to the athletic director, and the
Plaintiff refused to attend district or conference meetings;
(l) Many of the students enrolled in school were not allowed to
take a full course of study, and all of this, together with other
facts, was indicative of the fact that the Plaintiff herein simply
was dissatisfied in holding the position as principal of West
Kemper High School, and personally desired not to hold said position,
and, therefore, requested Defendants to give him the principalship
of West Kemper Elementary School, which Defendants did, however,
even in the face of all of said acts of the Plaintiff, the Defendants
herein did not demote the Plaintiff, did not transfer the Plaintiff, 

djs*and did noTyTontinue the services of the Plaintiff in his said 
position, and the only reason that the Plaintiff did not retain or 
remain as principal of the West Kemper High School was simply because 
he did not want the position and requested, himself, that he be 
given the principalship of the West Kemper Elementary School, which 
the Defendants did solely upon the personal request of the Plaintiff 
in this cause.

WHEREFORE, PREMISES CONSIDERED, the Defendants pray that 
this Complaint be dismissed at the cost of the Plaintiff; and the 
Defendants pray for such other, further and general relief as may 
appear meet and proper unto a court of equity.

Respectfully submitted,
ALL DEFENDANTS

'v^Helen J. Me Dade, Attorney for
\_ s- Defendants

Post Office Drawer 100 
DeKalb, Mississippi 39328
Telephone No.743-5273



OLS

CERTIFICATE

I, Helen J. Me Dade, of counsel for the Defendants, hereby 
certify that I have this day forwarded, postage prepaid, a true 
and correct copy of the above and foregoing Answer of Defendants 
and Affirmative Defenses to Honorable Melvin R. Leventhal of the 
firm of Anderson, Banks, Nichols and Leventhal, of counsel for 
Plaintiff, at their post office and street address, to-wit: 
538-1/2 North Farish Street, Jackson, Mississippi 39202, on this 
the 19th day of July, 1974.

-9-

t



SOUTHERN CIST„:CT Cf HISISSI?,-5! F I L E 0

IH THE UNITED DISTRICT COURT FOR THE SOUTHERN DISTRICT OF 
MISSISSIPPI

J'JL 3 0 i975

wseuuHCii'^ cji=.k
' - -<x.

EUGENE FRANK STEWART

7• Civil Action # 7 1f-33(n )
BOARD OF TRUSTEES OF THE KEMPER COUNTY 
SCHOOL DISTRICT

AGREED ORDER

By consent of the parties, this matter is assigned to a 
United States Magistrate to be designated by this court, and this 
cause will be set fortrial by this court before said Magistrate, 
sitting as a Special Master, to try the issues and make a 
recommendation for disposition to this court.

Ordered on this the 30th day of July, 1975.

AGREED TO;. 1
\ V  A 1

COUNSEL FOR PLAINTIFF

—  COUNSEL-FOR DEFENDANTS

1 24
y



ass er of wisasipi 
m e  o

vui 3 o

a*B!.A flUtu& fUhK
0E.PUI*/

IN THE UNITED STATES DISTRICT COURT ' "  - ‘ *
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

EUGENE FRANK STEWART
Plaintiff,

vs.
BOARD OF TRUSTEES OF THE 
KEMPER COUNTY SCHOOL 
DISTRICT, et al.,

)
)
)
)
)
)
)
)
)

Defendants. * 1 2 3 )
)

CIVIL ACTION 
NO. E74-33(N)

PRE-TRIAL ORDER

Pursuant to stipulations of the parties, the Court 
enters the following pre-trial order with reference to the 
above captioned cause:

1) There is no jurisdictional question.

2) There are no motions pending and no questions, 
raised by motions, left unresolved.

3) Concise statements of ultimate facts relied upon 
are as follows:

a) By Plaintiff

Defendants created a new administrative po­
sition in the West Kemper Schools which would 
have had the purpose and/or effect of demoting 
plaintiff or diminishing his responsibility 
and authority over the operation of West Kemper 
High School. Plaintiff was forced to accept 
either this diminution of authority or the



principalship of West Kemper Elementary 
School, both demotions. Plaintiff ac­
cepted the latter alternative. The 
diminution of responsibility and demotion 
was forced upon plaintiff because of his 
race and/or in retaliation for plaintiff's 
refusal of absolute complicity with dis­
criminatory and segregationist acts com­
mitted by defendants in prior years.
Plaintiff's demotion was also wrongful be­
cause it was not executed within the guide­
lines established by the uniform Singleton 
decree. Moreover, the diminution of plain­
tiff's authority was arbitrary, capricious, 
unreasonable and not based on any standards 
relating to the educational objectives of 
the Kemper County School District.

a) By Defendants

Defendants did not create- a new administrative 
position in the school. Plaintiff was not forced by
any means nor for any reason or act of defendants to 
accept the principalship of West Kemper Elementary School. 
Plaintiff's change in positions was not forced on the 
plaintiff because of his race or for any other reason. 
Plaintiff, of his own free will, act and desire requested 
the principalship of West Kemper Elementary School, and
the Board of Education honored his request and gave him 
what he wanted and asked for.

-2-
r r>



"-NI

b) There are no other parties.

4) The following facts are established by the plead­
ings:

a) Plaintiff Eugene Frank Stewart is a black 
citizen of the United States and of the State 
of Mississippi residing in DeKalb, Mississippi. 
He is currently principal of West Kemper 
Elementary School.

b) Defendant Board of Trustees of Kemper County 
School District has control of the public 
schools of Kemper County which include West 
Kemper Elementary School and West Kemper High 
School.

c) Defendants Harold Kitchens, Guy C. Darnell,
J. R. Dudley, Jr., I. D. Gordy, Jr., and J.
W. Weaver are members of and comprise the 
Board of Trustees of the Kemper County School 
District. As such they are ultimately re­
sponsible for all unlawful acts complained
of herein.

d) Defendant L. B. Mitchell is the Superintendent 
of Education of the Kemper County School Dis­
trict; as such he is immediately responsible 
for all unlawful acts complained of herein.

e) The above named defendants are sued individ­
ually and in their official capacities. At 
all times herein complained of, their acts 
were done under color of authority vested in 
them by the laws of the State of Mississippi.

f) Plaintiff Stewart received his Bachelor of 
Science degree from Jackson State College 
and his Master's degree from Tuskegee 

Institute. He holds a double "A" certificate

- 3 -* (V \ 27



in School Administration which qualifies 
him under state standards to administer 
both elementary and secondary school pro­
grams .

g) Plaintiff, prior to taking the position as 
principal of West Kemper Elementary School 
for the 1973-74 school year, served for 20 
years (through 1972-73) as principal of 
West Kemper High School, formerly known as 
Whisenton High School, which was all black 
before implementation of the orders mentioned 
next below.

h) Under the November 7, 1969 order of the 
United States Court of Appeals for the Fifth 
Circuit, as amended on September 10, 1970, 
the public schools under defendants' juris­
diction began conversion from dual to unitary 
operation. (423 F.2d 1264; 433 F.2d 622) 
Under the "terminal" plan of pupil assignment 
approved by the Appeals Court, the defendants 
operate, inter alia, two attendance centers:
a) West Kemper Elementary School serving 
grades 1-4 (formerly DeKalb High School, and
b) West Kemper High School serving grades 
5-12 (formerly Whisenton High School).

i) Plaintiff filed a written charge with the 
Equal Employment Opportunity Commission 
charging defendants with racial discrimina­
tion in their employment policies and prac­
tices. Jurisdictional prerequisites to suit 
under 42 U.S.C. 2000-e, et. seq■ have been 
met.

-4-
r

■//.£
r *



5) The contested issues of fact are as follows:

a) Whether defendants created, sought to 
create or announced the creation of a po­
sition known as "Administrative Principal 
of West Kemper Schools," or a similar po­
sition which had or would have had the ef­
fect of diminishing the authority and re­
sponsibility of plaintiff with respect to 
the operation of West Kemper High School.

b) Whether the dimunition of plaintiff's re­
sponsibilities were executed within the 
guidelines established by the uniform 
Singleton decree.

c) Whether plaintiff was demoted because of 
his race.

d) Whether plaintiff was demoted in retaliation 
for failing to cooperate with discriminatory, 
segregationist tactics following attempted 
implementation of the order of the United 
States Court of Appeals for the Fifth Circuit.

e) Whether plaintiff's demotion was arbitrary, 
capricious, and not based on any standard 
reasonably related to his performance.

f) Whether plaintiff committed the following 
acts:

(1) The plaintiff executed athletic eligi­
bility forms for 1971 certifying certain 
football players to be at an age that 
would not render them ineligible, when 
in truth and fact they were too old to 
play on the football team and as a con­
sequence the players were ruled ineligi­
ble and West Kemper High School was 
placed on probation for one year;

-5- •lvi 
K » \ i



(2) The plaintiff failed and refused to keep 
the proper bookkeeping records for lunch­
room operations, and plaintiff and de­
fendants were so advised by the State 
Department of Education;

(3) The plaintiff refused to place permanent 
records under lock and key in the vault 
as regulations required, but left the 
same in teacher's classrooms where they 
were available to the students, and 
grades on records were changed;

(4) That plaintiff kept no card file on 
students, and in order to find students 
it was necessary to go from room to 
room;

(5) The plaintiff scheduled examinations so 
that a majority of the students in the 
school had four examinations in one day;

(6) That the plaintiff failed to keep 
financial statements on the athletic, 
concession, and gate receipts so that 
there was no way to determine which was 
gate receipts and which was ticket sales;

(7) That the plaintiff failed and refused to 
provide tickets for said athletic games;

(8) That the plaintiff had problems with 

schedules due to no planning, and students 
had to enroll in courses that they did not 
want;

(9) That the plaintiff allowed teachers to 
order supplies for the school program, to 
buy and pay for same, without office juris­
diction;

no /
-6-



(10) That the plaintiff kept the West Kemper 
High School from having a high school 
band, such as it was capable of having, 
even though complete band instruments 
and music had been transferred from the 
DeKalb High School to West Kemper High 

School;

(11) That the plaintiff caused correspondence 
to teachers and departments not to be 
routed and given to the teachers, and 
athletic meetings and letters were not 
given to the athletic director, and the 
plaintiff refused to attend district or 
conference meetings;

(12) Many of the students enrolled in school 
were not allowed to take a full course 
of study.

(13) Whether plaintiff accepted the position 
of principal of West Kemper Elementary 
School of his own free will and volition

6) There are no purely legal contested issues. There 
are only mixed questions of fact and law as set forth next above

7) Exhibits

A. By Plaintiff

1) Letter of Determination by EEOC
2) Notice of Right to Sue by EEOC
3) Sample enrollment card used by plaintiff
4) Manual of District for use of cumulative 

folders (1968)
5) Sample financial report, football, 1972
6) Sample financial report, basketball, 

baseball, track, 1972-73
7) Reports to the Court in United States v. 

Kemper County School District, 1969-1975

- l ”  31



8) Order of the Court, November 7, 1969
9) Findings of Fact and Re c ommendat ions

September 4, 1970
10) Order, September 10, 1970

. By Defendants
(1) Contract of employment 1973-74 school year.
(2) Contract of employment 73-74 covering 

additional pay raise by Legislature.
(3) Contract of employment- 1974-75 school. year.
(4) Plaintiff's recommendations for 

employment.
(5) Schedule of student examinations.
(6) Purchase record.
(7) Letter from EEOC.
(8) Schedule of student enrollment.
(9) Certified copy of minutes of Board of 

disciplinary action.
Education-

(10) 1974 School Annual.

8) Witnesses

A. For Plaintiffs

(1) Will be called:

a) E. F. Stewart, P. 0. Box 250, DeKalb
b) George Bradley, 5223 Watkins Drive, 

Jackson, MS.

c) Cordell Hughes, 201 West Capitol 
Street, Jackson, MS.

d) Jimmie Boyd, Jr., Rte. 1 Box 178-A-l, 
DeKalb

e) L. C. Clark, Rte. 3 Box 170, DeKalb
f) Ms. Wilma McIntosh, Rte. 2, DeKalb
g) Ms. Fena Jones, Rte. 2 Box 164, 

Philadelphia, MS.
h) Ms. Mamie Peeler, P. 0. Box 20, DeKalb

(2) May be called:

a) Willie C. Ellerby, Rte. 3, DeKalb
b) Ms. Mildred Gully, Rte. 1, DeKalb
c) Obie Clark, 1329 28th Ave., Meridian, MS.
d) Ms. Carolyn Hill, Rte. 1, DeKalb

e) Ms. Myra Jones, Rte. 2, DeKalb 
c .^-8-



B. For Defendants

(1) Will be called:
a) L. B. Mitchell
b) I.D. Gordy, Jr.
c) Billy Brown
d) Bryant Palmer
e) Alfred Herrington
f) Wendell Cotton
g) Mrs. Richard McLeary 

(2) May be called:
a) J. R. Dudley, Jr.
b) Glen Frazier
c ) Donald Leech
d) Calvin Bell
e) Lajrtnon Alexandria
f) Charles Robbins
g) Shelly Van Jackson
h) Lypus Watkins
i) Dan Meacham
0) Ray Boyd

9) There are no requested amendments

10) There are no additional matters to aid disposition

11) The probable length of trial is one and one-half

of this case.

days.

ORDERED THIS 1975.

AGREED TO:

! i

FRED L. BANKS, JR.
Counsel for Plaintiff



IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

EUGENE FRANK STEWART PLAINTIFF

VS. CIVIL ACTION E74-33(N)

BOARD OF TRUSTEES OF THE 
KEMPER COUNTY SCHOOL DISTRICT, 
ET AL DEFENDANTS

RECOMMENDATION OF MAGISTRATE

The Plaintiff brought this suit alleging he was unlawfully de­
moted by the defendant school district in violation of his rights 
under the Thirteenth and Fourteenth Amendments to the Constitution 
of the United States, 42 U.S.C. §§ 1981, 1983 and 2000(e) et seq, 
and the "Singleton" provision of the decree entered by the Fifth 
Circuit Court of Appeals governing the conversion of the defendant 
school district from a dual to a unitary school system. United 
States v. Hinds County School Board et al 423 F.2d 1264 (5th Cir. 
1970); 433 F.2d 622 (5th Cir. 1970). Jurisdiction is invoked pur­
suant to 28 U.S.C. §§ 1331(3) and 1343(4). Upon consent of all 
parties, this case was referred to the United States Magistrate for 
hearing and recommendation pursuant to the provisions of Rule 53,

Under the November 7, 1969, Order of the United States Court 
of Appeals for the Fifth Circuit, as amended on September 10, 1970, 
the schools under the Defendant's jurisdiction began conversion from 
a dual to a unitary operation. Pursuant to the plan approved by the 
Appeals Court, the Defendants operate two attendance centers in the 
Western District of Kemper County, (1) West Kemper Elementary School 
serving grades 1-4 and, (2) West Kemper High School serving grades 
5-12. Prior to the conversion, West Kemper Elementary School was 
all-white DeKalb High School and it served grades 1-12, and West 
Kemper High School was all-black Whisenton High School, also serving 
grades 1-12. The Plaintiff, a black, held the principalship of 
Whisenton High School from 1953 to 1970, at which time he became

F.R.C.P.

1



principal of West Kemper High School.

In 1973, Mr. Stewart left West Kemper High School to serve as 
the principal of West Kemper Elementary School. The circumstances 
of Mr. Stewart's transfer to the elementary school form the basis

j
of this lawsuit. The Plaintiff claims he was unlawfully and discrim-t 
inatorily demoted to the elementary school position. The Defendants! 
counter that the transfer was not a demotion, and that Stewart volun­
tarily chose to accept the principalship of the elementary school.

I
Initially, this Court must examine the legal standards to be j 

utilized in judging the Defendant's actions. It is uncontested that 
the Defendants did not apply any written objective, non-racial cri­
teria as the basis of the decision to move Stewart to the elementary i 
school. The Plaintiff alleges that such a procedure is mandated by ■ 
the decision in Singleton v. Jackson Municipal Separate School Dis­
trict, 419 F.2d 1211(5th Cir. 1969), and Thompson v. Madison County 
Board of Education, 476 F.2d 676 (5th Cir. 1973). See also Campbell : 
vs. Gadsden County District School Board, 534 F.2d 650 (5th Cir. 1970.

The criteria for determining whether a Singleton situation ex- : 
ists is well stated in the recent case of Smith v. Concordia Parish ! 
School Board, 393 F. Supp. 1101 (W.D. La. 1975):

Two factors must coincide in order to trigger 
mandatory application of the Singleton criteria.
First, a school system under court order to desegregate 
must be in a "Singleton situation"; which is to say, 
the system must be in the process of desegregating.
A "Singleton situation" exists until a unitary system 
has been established and has been operated as such for 
a minimum of "several years." Lemon v. Bossier Parish 
School Board, 444 F.2d 1400 (5th Cir. 1971); Pickens v.
Okolona Municipal Sep. Sch. Dist., 380 F. SuppT 1036 
(N.D. Miss. 1974); Keglar v. East Tallahatchie Sch. Dist.,
378 F. Supp. 269 (N.dT MissT 1974).
Next, there must be a necessary reduction in the 
number of professional staff employed by the school 
system directly or indirectly related to the process 
of desegregation, i.e., a reduction caused by the 
establishment and operation of a unitary school system. 
Consequently, where court ordered desegregation 
necessitates a reduction in numbers of the professional 
staff, dismissals and demotions must be made solely in 
accordance with the previously adopted Singleton 
standards and not by subjective evaluations of a 
"...teacher's lack of professional credentials, his 
poor performance in the classroom, his failure to abide 
by school regulations, his lack of cooperation, or other 
similar explanations." (citing Thompson v. Madison 
County Board of Education, 476 F.2d 676, 678 (5th Cir.
1973)) 393 F. Supp. at 1102.
The events culminating in Stewart's transfer to the elementary 

school occurred near the end of the 1973 school year. At that time,

or;O v) - 2 -



| a unitary system had been established and had been operating in 
Kemper County for approximately three years. In Keglar v. East 
Talahatchie School District, 378 F. Supp. 1269 (N.D. Miss. 1974) the 
Court stated:

[T]he duration of time during which a school district 
operates effectively, after commencing full desegrega­
tion, and absent special, complicating circumstances, 
is, and ought to be, very material to the factual and 
legal determination as to when the process of deseg­
regation is at an end, and Sing'leton1 s strictures... 
are no longer binding on a school district." at 1275.

In Lemon v. Bossier Parish School Board, 444 F.2d 1400, 1401 (5th 
Cir. 1971), the Court noted that a school system must operate uni- !

! tarily for a minimum of "several years" in order to fall outside the 
provisions of Singleton. It would be impractical to attempt to de­
fine a more specific measurement of time since each case must be 

i decided in light of its own circumstances.
In the case sub judice, the Court finds that three years of

I
successful operation is sufficient to remove this particular school 
system from the remedial measures provided in Singleton. In doing 
so, the Court has fully examined the periodic reports compiled and 
filed by the School District in compliance with the desegregation 
Order. Based on these reports and the testimony adduced at the 

!j hearing in this matter, the Court finds the Kemper County School 
j| system was effectively desegregated and in operation "several years"
|| before Mr. Stewart's transfer and a "Singleton situation" no longer
|!

| existed. (Exb. P-4)

Secondly, this Court is of the opinion that the required 
j| "reduction in staff related to desegregation" is not present in thisj 
j case. Although the testimony adduced at the hearing in this mat­

ter was somewhat confusing and conflicting, this Court finds that 
after the conversion to a unitary school system in 1970, this Dist­
rict maintained four positions designated as principal. Mr. Belle, 
a black, and Mr. Eldridge, a white, were the principals of West 
Kemper Elementary School, serving grades 1-4 (formerly all white 
DeKalb High School). The Plaintiff and initially a Mr. Jackson, 
but shortly thereafter Mr. Herrington, a white, held the principals' 
positions at West Kemper High School, serving grades 5-12 (formerly 
all black Whisenton High School). Although Herrington was evidently 
designated as assistant.:: principal on his contract (Tr. 12, 26, 140), 
the precise division of responsibility was not established.

V . 3 6
-3-



I
It is clear, however, that all principals, Stewart, Herrington,
Belle and Eldridge, received the same $10,000 salary (Tr. 102-103). |

Mr. Landon Mitchell, superintendent of education for Kemper
]County since 1972, testified that the utilization of four principal? 

at the two schools in question was clearly economically unfeasible ] 

and candidly admitted that as a result of pairing and closing of 
certain schools and a loss of students, the school district did in ,l 
fact become top heavy in administrative personnel (Tr. 92, 139, 173). 
Nevertheless, this school district did not initially reduce the num-

j
ber of principals serving these two schools.

Prior to the 1971-1972 school year, however, the school district 
received a $70,000 federal grant to implement a two-year "Career 
Education Program" within the system. Eldridge, one of the two prin­
cipals at West Kemper Elementary School, was asked to head this pro-| 
gram but with the stipulation that when the program terminated, he 
would be returned to the school system in a principal's position.
Mr. Layman Alexander and Mrs. Callie Herron, both black administra­
tive personnel, became assistant administrators of the "Career Edu­
cation Program" with the same stipulation concerning return to the j 
school systerm (Tr. 92-93, 140).

Toward the close of the 1972-73 school year, Herrington decided 
to retire, thus leaving only two active principals in the school

I
system, Stewart and Belle. The two-year "Career Education Program"! 
headed by Eldridge was also ending, and pursuant to the stipulation! 
discussed hereinabove, Eldridge had to be worked back into the schobl 
system in a principal's position. It was a combination of these 
two occurrences which precipitated the events leading to Stewart's 
transfer as principal of the high school to principal of the elemen­

tary school.(Tr. 93, 140-141).
In order for Singleton to apply, there must be a reduction in ! 

staff either directly or indirectly related to the process of de­
segregation of the school system. It is clear that the only "re­
duction in staff" occurring at the close of the 1972-73 school 
year in this school system was the result of a retirement, not of 
desegregation. The required re-entry of Eldridge into the school 
system however can be traced, at least indirectly, to the estab­
lishment of a unitary school system in 1970 and it is thus necessary, 
in this Court's opinion, to fully develop the facts surrounding his



jj re-entry and Stewart's transfer to the elementary school.
Because of Herrington's retirement, the placement of Eldridge !

! in a $10,000 principalship position in the school system created
ij no economic problem. The difficulty arose in the assignment of 
these three qualified individuals to positions within the system. 
Stewart had served as high school principal in the Defendant school, 

j system for 20 years and Eldridge had served in the district in 
various capacities, including principal, for approximately ten 

! years. Both individuals held AA administrative certificates in
i

j education (Tr. 15, 197).
Superintendent Mitchell testified that he and the Board dis- 

jj cussed alternative proposals concerning the best utilization of
I i|! these three men in the three available principal's positions within] 
j the school system. One proposal was to make Eldridge the administra-
I |
j tive principal, leaving Stewart and Belle in their present positions
I
I as principals of the high school and elementary school, respective-:II
ly. Other proposals included the use of co-principals at the high :

!j school and a single principal at the elementary school, in addition] 
jj to the possibility of making Eldridge assistant principal to Stewart 
j. at the high school (Tr. 93-95).

Mitchell testified that when he talked to Stewart concerning 
1 the proposal to make Eldridge administrative principal, Stewart 
became very upset and told Mitchell he would not work with Eldridge 

|| in any capacity, noting, "I will not work in the same building with 
j him. I would prefer the elementary school so I would have no con­
nection with Mr. Eldridge whatsoever." (Tr. 93-94, 142, 168-170). | 
Mitchell testified he told Stewart that if he felt that strongly 
about working with Eldridge, he would recommend to the school board: 
that Stewart be made principal of the West Kemper Elementary School! 
Mitchell stated tihat he relayed Stewart's request to the Board of 
Education, and upon approval, a contract was issued to Stewart. 
Stewart carried the contract home for study and after four or five 
days brought the executed contract back to Mitchell (Tr. 143-144;
Exb. D-4). Mitchell further testified that at the time Stewart 
requested he be given the elementary principalship, Mitchell talked I 

! to both Belle and Eldridge and asked them if they would be willing j 
I to work as co-principals at the high school. Upon receiving their i 

consent to this arrangement, Mitchell recommended them as co-prin­

cipals of the high school at the same time he recommended Stewart 

v 3 S  -5-



j! as principal of the elementary school. The co-principalship plan 
j was approved by the Board, and Belle and Eldridge were issued 
contracts which they executed (Tr. 94, 145).

1 John R. Dudley, Jr., a member of the County Board of Educationj
j| for 16 years and chairman for the last two years, substantially

j
| corroborated the account of events related by Mr. Mitchell, noting J 

that the Board had under consideration several alternative proposals 
in the spring of 1973 for filling these three positions. He further 
noted that after he was first told by Mitchell of Stewart's desire 1 

j to transfer to the elementary school, Stewart personally requested | 
the Board to transfer him. Dudley testified that Stewart was offer2 

J ed a co-principalship with Eldridge. According to Dudley, Stewart 
noted that he would rather be the sole principal at West Kemper 
Elementary School and this request was granted (Tr. 189-192).

On the other hand Stewart testified that he was told by Mitchell 
in February of 1973 that changes in administrative structure of the j 

) Kemper schools had to be made. According to Stewart's testimomy, 
i Mitchell told him that Eldridge would in fact be made administrative 
|| principal over the two schools and that he, Stewart, would remain as 
j principal of the high school responsible to Eldridge. Furthermore, j

secretary was to be moved across town to the elementary school
i (Tr. 10). Stewart denied making any statement that he could not| i
jj work with Eldridge and denied requesting he be given the elementary j 
jj school principalship (Tr. 19). Stewart further testified in response 
j| to questioning by the Court that he was never told by Mitchell or ! 

any member of the Board that he could be co-principal with 
Eldridge at the high school (Tr. 221).

Stewart's version of the events was corroborated to some extent 
by the testimony of Jimmy Boyd, Jr. and L. C. Clark who noted

I
that a group of persons met with Mitchell and presented a petition, | 
after learning of the proposed transfer, and were told at that time 
by Mitchell that Eldridge would be over both Belle and Stewart (Tr. 
128-131; 208-209). Mitchell emphatically denies having stated to 
the group that Eldridge would in fact be placed over Belle and 
Stewart and further denies having received a petition at that 
time (Tr. 146-147).

-6-



George Bradley, a Supervisor of Investigations for theII i
I Equal Employment Opportunity Commission, testified that he investi-jj
j gated the charges filed by Stewart and other teachers against the j 
school system in the spring of 1973. Bradley noted, inter alia, 
that his investigation revealed a lack of clear criteria being 
utilized in working certain teachers back into the system who had 
previously been paid under Title I funds. After several consulta­
tions with the Superintendent, a new method of evaluation for 

i teachers was developed which, was at least not disapproved by the ,
I E. E. .0. C. (Tr.i05, 109, 114, 125). In regard to Stewart's
transfer, Bradley testified it was determined that the placing 
of a white administrative principal over both schools would be a 
demotion for Stewart and discriminatory. He further stated the 
transfer of Stewart to the elementary school was not a part of the i

! investigation and no determination was made thereon. (Tr. 121-122) 
Bradley noted that there were other proposals "floating around" 
at the time of this investigation, but did not recall the source of 

j| these proposals. The administrative principalship proposal, how-
II ever, formed the basis of the investigation and subsequent deter- 
;; mination. (Tr 121-123)

Bradley stated that he did not recall making known his object- 
i! ions concerning the administrative principalship proposal to the 
|i Board or the Superintendent prior to the issuance of the letter of 

determination, dated March 29,1974. (Tr. 124, Exb. P-1). Although; 
Mitchell was of the opinion that the complaint filed by Stewart and! 
the subsequent investigation occurred after Stewart became element-} 
ary principal, he stated unequivocally that the complaint and in- j 
vestigation played no part whatsoever in the decision to transfer 
Stewart to the elementary school and the placement of Bell and 
Eldridge as co-principals of the high school. (Tr. 170-172).

Nevertheless, Stewart did execute a contract of employment for 
the position of elementary principal of the West Kemper Elementary 
School on March 12, 1973 and has subsequently been issued succeed­
ing contracts for principal of that school. (Exb. D-4, D-5 and 
D-7). Eldridge and Bell were appointed co-principals of the high 
school and this co-principalship arrangement has continued to the 
present date, although Eldridge was replaced in the fall of 1973 
by another white principal, a Mr. Leach.

i  • 4 0
-7-



• L

These defendants further presented the testimony of various 
witnesses, including Mitchell, concerning alleged deficiencies in 
the performance of Stewart as principal of the high school. These
deficiencies included, inter alia, the improper age certification of

Jfootball players causing a one year probationary period for West 
Kemper High School; the failure to maintain proper books for lunch- j

i
room operations; the failure to keep permanent records in a secure

I
location to prevent improper grade changes; the failure to prepare 
proper financial statements for athletic events; the allowance of j 
teachers to order supplies without office approval; and the pre­
vention of the high school from having a school band. Clearly these 
alleged occurrences and deficiencies were a consideration by Super- | 
intendent Mitchell and the School Board in exploring the various 
proposals to fill the vacancy created by Herrington's retirement.

It is difficult to ascertain precisely what occurred when faced 
with such conflicting testimony. This Court, however, having heard' 
and considered the testimony of the various witnesses and observed j 
their demeanor while testifying, is of the opinion that Superinten- I 
dent Mitchell and School Board Chairman Dudley presented the more 
accurate account of the events culminating in the transfer of Stewart 
to the elementary school. The possibility does exist, that there 
developed a complete misunderstanding between Stewart and Mitchell j 
and thereafter Stewart and the School Board. Nevertheless, it is the 
finding of this Court that Superintendent Mitchell and the School 
Board were considering several proposals in the Spring of 1973 to
fill the $10,000.00 principalship position made vacant by Herrington's

|

retirement. Furthermore, the Board was obligated to work Eldridge j 
back into the system in a principal's position. The alleged defi­
ciencies on the part of Stewart in the running of the high school we:re 
clearly a consideration in the various proposals being considered atj 
that time by the Board. This Court finds, however, that no decisioij 
had been made concerning the placement of these three individuals at] 
the time Mitchell first discussed with Stewart the possibility of \ 

placing Eldridge in an administrative principalship position. This j
position had not been established at that time and was never estab- j

■

lished, but was only one of the several proposals under consideration. 
This Court finds that whether it was due to a misunderstanding on 
Stewart's part or for some other reason, Stewart did state to Mitchell

41 ~8- ^  /  ' '  ' S '



I ' )
- ■

land thereafter to the Board that he would not work with Eldridge at j 
the high school in any capacity and that he desired to be made the 
|sole principal of the elementary school rather than be required to j 
I work with Eldridge. The refusal of Stewart to work with Eldridge ’
thus severely limited the possible alternative proposals being con­
sidered by the Board. His request to be moved to the elementary

1

I school as sole principal actually presented the only possible sol­
ution to a difficult situation. The ultimate placement of Belle,
a black, and Eldridge, a white, as co-principals of the high school i 
and Stewart as sole principal of the elementary school was the direct 
result of Stewart's hostile attitude toward working with Eldridge 
and his request for transfer to the elementary school.

As heretofore noted, this Court is of the opinion the only I
| "reduction in staff" occurring in the spring of 1973 in the West 
Kemper County School District was caused by the retirement of Her- 

ji rington from the system, not desegregation. The reduction from four 
j|to three principal's positions had occurred several years earlier
II when Eldridge became head of the "Career Education Program". But
||
! even assuming the prerequisites of a "Singleton situation" and the 
||necessary "reduction in staff" are present, under the facts as found 
by this Court, it would be extremely difficult to classify Stewart's 
transfer to the elementary school as a "demotion".

Initially, this Court has determined that Stewart not only re­
quested the transfer to the elementary school but, because of his 
refusal to work in any capacity with Eldridge, presented the School 

|l Board with no alternative. Stewart was not demoted by the School j 
|iBoard but transferred to another principal's position pursuant to l
li his own request. Secondly, applying Singleton's strict definition 
of a "demotion” , this Court would he hard pressed to find that Stew-|

I
|| art suffered a "demotion" under the facts of this case. Singleton
defines a demotion as follows:

'"Demotion1 as used above includes any reassignment 
(1) under which the staff member receives less pay 
or has less responsibility than under the assignment 
he held previously, (2) which requires a lesser de­
gree of skill than did the assignment he held previous­
ly, or (3) under which the staff member is asked to 
teach a subject or grade other than one for which he 
is certified or for which he has had substantial ex­
perience within a reasonable current period. In 
general and depending upon the subject matter involved, 
five years is such a reasonable period." 419 F.2d at 
1218.
It is undisputed that Stewart did not suffer a salary loss

-9-l 4 2



when he became elementary principal. In light of the fact that he j 

became sole principal of the elementary school, and left a situation 
where he at least shared some of the responsibilities with an assisti:-

jant principal, Herrington, the Court cannot say that Stewart had less 
responsibility in the elementary principalship position. No evidence 
was presented at the hearing held in this matter which would estab-jI
lish that Stewart enjoyed less responsibility than under the assign­
ment he previously held or that the elementary principalship was anyI
less prestigious. Furthermore, no evidence was presented to show 

i that the position of elementary school principal requires a lesser 
j degree of skill than those skills required by a high school prin- j 
j cipal. Finally, Stewart certainly possesses the proper certification 

to act as principal of an elementary school because of his substan- 
j tial experience as an administrator and principal. It appears to 

this Court, therefore, that Stewart's reassignment in this case doed 
j! not rise to the level of "demotion" even as technically defined un-i 
i! der Singleton.
I ---------Even if this Court is in error in its determination that this S 
I is not a "Singleton situation" and there was no reduction in the num­
ber of principals which brought about a demotion of a staff member,) 
we are of the opinion that Stewart is not entitled to the relief 
sought herein. As heretofore noted, this School District did not 
develop written, objective, nonracial criteria to be used in con-

jl nection with demotion or dismissal of school personnel. Certain|
criteria for reassignment of teachers was developed in 1973 but 
was not utilized in the transfer of Stewart to the elementary school. 

In the recent case of Campbell v. Gadsden County Dist, Sch. Bd:,
|| supra at 657, the Court significantly noted, "[M]ore important than1 
j appellant's failure to promulgate such criteria, however, was its 

failure to select the principals to be demoted 'on the basis of ob-j 
jective and reasonable nondiscriminatory standards from among all 
the staff of the school district.' 419 F.2d at 218." Based on this 
Court's factual findings, it is clear that Stewart's transfer, evenj 

|| if termed a "demotion" under Singleton, was accomplished on the basis
I ij| of objective and reasonable nondiscriminatory standards. All three! 

qualified principals within the system were being considered for th^ 
three available positions and the School Board was considering sev-j

|| eral alternative proposals for placement of the three principals.
li ' .



!The reason Stewart was selected for transfer to the elementary school 
was because he absolutely refused to work with Eldridge and in fact | 
requested the transfer that was granted. This Court has found that 
the transfer was not racially motivated in any way. Thus, although i 
admittedly there was not strict adherence to the requirements of 
Singleton, the reassignment of Stewart in this case does not present j 
the situation the Singleton mandate was designed to prevent. Single- 
ton sought "to ensure that the transition from a dual to a unitary 
system, with all the concomitant logistical problems, would not oc-

i
icasion unfair treatment of black teachers and staff members." Lee vi 
|Chambers County Board of Education, 533 Fd 132,135 (5th Cir. 1976) 

Finally, inasmuch as this Court has determined that Singleton 
| does not apply, the School District's supervisory power over its 
professional staff is restricted only by Constitutional due process, | 
state law and contractural obligations. Board of Regents v. Roth, i 
408 U.S. 564 (1972); Perry v. Sindermann, 408 U.S. 593 (1972). The I 
|| State of Mississippi has no tenure system and the plaintiff herein j 
i'was a nontenured principal working on a yearly contractural basis. 
There is no evidence which reveals the existence of any policy, under­
standing or other practice amounting to a contractural right or im- j
| plied promise for continued employment of Stewart as principal of thd
|
jjhigh school. Although the issue of procedual due process was not 
raised by the pleadings, this Court notes that Stewart did not pos- 
lisess the requisite "legitimate claim" to a property interest, as re- I 
jlquired by Roth, to necessitate the holding of a due process hearing j 
by the Board prior to his transfer.

The plaintiff contends, however, that the School Board's de­
cision to transfer him to the elementary school was arbitrary, cap- I
!ricious, unreasonable and not based on any reasonable standards re-
I Ilating to educational objectives. Accordingly, the plaintiff al­
leges that the Board's action was violative of his rights protected j 

! by the due process clause of the Fourteenth Amendment to the Con­
stitution.

This Court has determined that the transfer of Stewart to the 
elementary school was precipitated by his refusal to work with El­
dridge in any capacity at the high school and his own request for 
transfer to the elementary principalship position. Under these cir­
cumstances the action of the Board was not arbitrary, capricious, or



unreasonable. This finding obviates the necessity of attempting to

on the part of Stewart in his operation of the high school. It is

Federal law or State law.
The plaintiff in this case is now seeking reinstatement as prin­

cipal of the high school, and evidently the reassignment of Belle 
and Leach to other positions within the system. The granting of this

Kemper County school system and is not dictated under the law as 
applied to the factual determinations of this Court.

Accordingly, it is the recommendation of this Court, sitting j 
as Special Master, that judgment be entered in favor of the defend- j 
ants, dismissing this case with prejudice as to the plaintiff, with [ 

;! all parties to bear their own cost.

unravel the factual entanglement surrounding the alleged deficiencies

the finding of this Court that the School Board's decision to trans­
fer Stewart to the elementary school pursuant to his request did not 
violate any right secured to him by the United States Constitution,

relief at the present time would be completely disruptive of the West

1976.



IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

"i«UTH£JW OISIltlCT Of MISSISm
f i l e d
AUG 311976 1

EUGENE FRANK STEWART,
Plaintiff,

vs.
BOARD OF TRUSTEES OF THE 
KEMPER COUNTY SCHOOL 
DISTRICT, et al.,

Defendants.

CIVIL ACTION 
NO. E74-33(N)

\

WRITTEN OBJECTIONS 
TO MAGISTRATE'S RECOMMENDATION

Plaintiff objects to the recommendation of the Magis­

trate on the basis of his proposed findings and conclusions 
which are incorporated herein by reference. And plaintiff 
further states that his proposed findings of fact are sup­
ported by the record and the contrary findings reached by 
the Magistrate are clearly erroneous.

More particularly, plaintiff submits that the follow­

ing findings are clearly erroneous:

1) That at the time of Mr. Stewart's transfer a 
Singleton situation no longer existed.

2) That there was not a Singleton reduction in this

case.

3) That no decision had been made concerning the place­
ment of principals when Mitchell discussed the administrative 
principalship with Stewart.

4) That Stewart received no demotion.

t . 4G



5) That Stewart's transfer was accomplished on the basi 
of objective and reasonably non-discriminatory standards.

In addition to reaching factual findings which are 
clearly erroneous, the Magistrate has consistently misread and 
misapplied Singleton law with respect to each of the above fac 
tors.

The Court is urged to review the record, reject the 
Magistrate's recommendation and enter findings in favor of 
plaintiff.

August 27, 1976

Respectfully submitted,

538% North Farish Street 
Jackson, MS. 39202

Counsel for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of August, 1976, 
I caused to be served by United States mail, postage prepaid, 
a copy of the foregoing Written Objections To Magistrate's 
Recommendation upon Honorable Helen J. McDade, Post Office 
Drawer 100, DeKalb, MS. 39328.

2

1 47



COUtHEM sismci Of MississmFILED ^
SEP 171975 [

Harvey C. Henderson, Clerk
■ ___ -̂ / 'ls? d e p u t y
DY -------—  p  ' .r" • ,

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

EUGENE FRANK STEWART PLAINTIFF
VS. CIVIL ACTION NO. E74-33(N)
BOARD OF TRUSTEES OF THE 
KEMPER COUNTY SCHOOL
DISTRICT, et al, DEFENDANTS

O R D E R

This cause is before the Court on the Plaintiff's Written 
Objections to the Recommendation of United States Magistrate 
John M. Roper, filed following the trial of this case before him 
by consent of all parties. The Court has fully considered the 
Magistrate's Recommendation, the Plaintiff's Objections thereto, 
and the entire record in this case, including the Transcript of 
the trial thereof. The Court finds that the Plaintiff's Objections 
are not well taken and should be overruled. The Court finds no 
error in the Magistrate's Recommendation and further finds that 
said Recommendation should be adopted as the Opinion of this Court.

IT IS THEREFORE ORDERED that the Plaintiff's Objections be 
and are hereby overruled. IT IS FURTHER ORDERED that the Recom­
mendation of the Magistrate filed herein on August 20, 1976, be 
and is hereby adopted as the Opinion of this Court.

A Final Judgment conforming with the Opinion of this Court 
herein, approved as to form by the attorneys for all parties, 
shall be submitted to the Court within five (5) days.

This /S"^day of September, 1976.

48



SOUTHERN DISTRICT Or MISSISSIPPI

F I L E D  ^  

NOV 9 1975 !
H a r v e y  G. H e n d e r s o n . C l e r k

DEPUTY

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION
EUGENE FRANK STEWART PLAINTIFF 

CIVIL ACTION E74-33(N)VS.

BOARD OF TRUSTEES OF THE KEMPER 
COUNTY SCHOOL DISTRICT, ET AL DEFENDANTS

FINAL JUDGMENT
This cause came on to be heard by the court and upon 

consent of all parties this cause was referred to the United 
States Magistrate for hearing and recommendation, and on 
August 20, 1976 the recommendation of the Magistrate was made 
and filed in this cause. Plaintiff made objections thereto, 
and upon a hearing thereof the court entered an order on 
September 15, 1976 overruling Plaintiff's objections, and 
adopting the Recommendation of the Magistrate filed herein on 
August 20, 1976, as the Opinion of this Court.

IT IS, THEREFORE, ORDERED that the School Board's 
decision to transfer the Plaintiff to the elementary school 
pursuant to his request did not violate any right secured to 
him by the United States Constitution, Federal Lav/ or State 
Law, and Plaintiff be and he is hereby not granted the 
reinstatement as principal of the high school.

It is further ordered that judgment be and the same is 
hereby entered in favor of the defendants, and this cause be 
and the same is hereby dismissed with prejudice as to the 
Plaintiff, and all parties to bear their own cost.

ORDERED by the court on this the day of November,
1976.

I «

/  .
49



/"S

APPROVED AS TO FORM:

H T o n H Y r m :
. {  

p t z r w w

‘"AT-'fGfti'fEY FOR DEFENDANTS'
V j

v. 50



I o..i»;cr or wi^affTI
F I L E D  I
DEC 6 1376 | :

' j
Harvey g . Henderson. cle  ;<

IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

EUGENE FRANK STEWART,
Plaintiff,

vs.
BOARD OF TRUSTEES OF THE 
KEMPER COUNTY SCHOOL 
DISTRICT, et al.,

Defendants.

)
)
)
)

CIVIL ACTION 
NO. E74-33(N)

NOTICE OF APPEAL

Notice is hereby given that plaintiff appeals to 
the United States Court of Appeals for the Fifth Circuit 
from the Judgment of the district court, entered on No­
vember 9, 1976.

December l  , 1976

ANDERSON, BANKS, NIC 
& STEWART

538% North Farish Street 
Jackson, MS 39202

Counsel for Plaintiff

51 "D
C

t



CERTIFICATE OF SERVICE

I hereby certify that on this day of December, 
1976, I caused to be served by United States mail, postage 
prepaid, a copy of the foregoing Notice of Appeal upon 
Honorable Helen J. McDade, Post Office Drawer 100, DeKalb, 
Mississippi 39328.



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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OP MISSISSIPPI 

EASTERN DIVISION 
CIVIL ACTION NO. E7^-33(N)

EUGENE FRANK STEWART,
Plaintiff.

v.

BOARD OF TRUSTEES OF KEMPER COUNTY 
SCHOOL DISTRICT, ET AL,

Defendants.

COURT REPORTER *S TRANSCRIPT

Before:

Hen. John M. Roper,

United States Magist

Meridian, Mississippi 
October 28, 1975-

APPEARANCES:

Hon. Fred Banks,
Attorney at Law,
P. 0. Box 290,
Jackson, Ms. 39202 

FOR THE PLAINTIFF.

Hon. Helen McDade,
Attorney at Law,
P. 0. Drawer 100,
Dekalb, Ms. 39328.

\ R O B E R T L . D A N IE L S , JR i
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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I N D E X

WITNESSES: DE CE RDE
E. F. Stewart 4 26 66
L. B. Mitchell (Adverse) 86
George Bradley 105 111
Jimmy Boyd, Jr. 128 131
L. B. Mitchell (recalled) 135 162
Ms. Richard MeLeary 173 176
Wendell Cotton l8l 185
j; R. Dudley, Jr. 188
Billy Brown 194 197
Layman Alexander 199 202
Lyphus Watkins 204
L. C. Clark 208 210
Irma Jones 211 214
Fena Jones 218 219
E . F . Stewart 221 221

FDE
84

E X H I B I T S :

P-1 22
D-l(Id.)39
P-2 73
D-2(Id.)79
D-3 " 80
D-4 " 80
D-5 " 80
d -6 " 81
D-7 " 81
d -8 " 81
D-9 " 82
D—10 " 82
D-ll " 83
D-12 " 83
P-3 134
D—1 through D-12 admitted into evidence on page 134,
(Counsel given permission to supplement record with additional 
exhibits to be numbered by the Court as Exhibit P-4)

COURT REPORTER'S NOTE:
Witnesses throughout the trial referred to the band 
director as Mr. Mays, Mr. Mayers and Mr. Majors. The 
Court Reporter refers to him throughout this transcript 
as Mr. Mays.

v. 5 4
ROBERT L. DANIELS,  JR.

OFFICIAL COURT REPORTER
GULFPORT, MISSISSIPPI



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BY THE COUET:
What says the plaintiff?

BY M R . BANKS:
Plaintiff is ready, Your Honor. 

BY THE COURT:
What say the defendants?

BY MS. MeDADE:
Defendants are ready, Your Honor. 

BY THE COURT:
All right, is the rule invoked?

(AT THE REQUEST OP COUNSEL THE RULE WAS INVOKED AND 
ALL WITNESSES WERE EXCLUDED FROM THE COURTROOM)

BY THE COURT:
Do you have a representative that will stay with you, 
M s . McDade ?

BY MS. McDADE:
Yes, I have the Superintendent of Education, Mr. 
J. R. Dudley, Jr. and Mr. L. B. Mitchell.

BY THE COURT:
And you have the plaintiff with you, Mr. Banks?

BY MR. BANKS:
Yes, Your Honor.

BY THE COURT:
All right, everyone else who is a witness in this case

please leave the courtroom. You may proceed.
\  '■ R o b e r t  l . D a n i e l s , j r .

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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n .

MR. E. F. STEWART, the plaintiff, was thereupon called
as a witness in his own behalf, and having been duly sworn,
testified on his oath as follows:

DIRECT EXAMINATION
BY MR. BANKS:

Q. State your full name, Mr. Stewart?
A. Eugene Frank. Stewart.

Q. Where do you live, sir?
A. Dekalb, Mississippi.

Q. Where do you work, sir?
A. West Kemper Elementary School.

Q. How long have you worked at the West Kemper Elemen-
tary School ?

A. This is the third year.

Q. Where did you work before that?
A. At West Kemper High School.

Q. What position do you hold at West Kemper Elementary

School?
A. Principal.

Q. What position did you hold at West Kemper High
School?

A. Principal.

Q- Was West Kemper High School always known as West
Kemper High School?

A. No, sir, it was known as Whisenton.
X  n f  ) RO BERT L. D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI 3/3/



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Q. Spell that for the reporter, please?
A. W—H-I-S—E-N-T-O-N.
Q. How long had you worked at Whisenton?
A. Twenty years.

Q. Were you always principal?

A. Always principal.
Q. And you are principal now at West Kemper Elementary

School?

5 .

A. Yes, sir.
Q. Explain to the Court hew you came to he principal 

of West Kemper Elementary School?
A. On February 28th, 1973 I went into the Super intender, 

of Education's office to turn in some reports. The secretary 

to his office said that he wanted to see me in his private 
office, so I went in and he said there had been a board meeting 
that Friday, February 23rd and the School Board had decided to 
make a change in the school program. The change was that they 

would have an over-all principal for West Kemper High School 

and West Kemper Elementary School. The assistant principal to 

me who is white, i3 retiring and this position would not be 
replaced. He asked if I had an extra room in my office. I 
told him I did, a storage room the other side of the secretary's 
rrom. He said that the storage room would be fine. The school 
board had decided to have Mr. James G. Eldridge as over-all 

principal. He said he would get in the storage room, bring his
; i ROBERT L. D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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secretary from the elementary school and put her in my secretary' 
place and move my secretary to the elementary school. I would 

keep my office. I would remain principal. I asked him what 
would be my duties. Ke said I would be responsible to Mr. 

Eldridge and Mr. Eldridge would be responsible to him. I asked 

if he would be the supervising principal of Kemper County School,; 

The answer was, "no". He would be over West Kemper High and 

West Kemper Elementary School. I said to him, "if he is coming 
in my office, bringing his secretary and moving my secretary 
out, you are saying to me that I am the assistant principal."
The reply was, "No, we won't have an assistant principal." I 

said, "if you move him over me I will Just have to get out."
So, I asked if there were any complaints against me from the 

school board. The answer was that the school board wasn't 
satisfied with the way the school program was run this year.
Than I asked what specific complaints did the school board have. 

The answer was the same as before. "The school board was not 
satisfied with the way the school was run at this time."

Then the superintendent made the statement that, "Maybe 

the board would give me an opportunity to go to the elementary 

school and be principal." If I accept the position as principal 

of West Kemper Elementary School, I will not be responsible to 

Mr. Eldridge but responsible to him.

BY MS. MeDADE:
If the Court please, may I interpose an objection here.

: jr ̂ ROBERT L. DANIELS, JR.
'* L  fe^FICIAL COURT REPORTER

GULFPORT, MISSISSIPPI / / / ' '
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I know he is supposed to be testifying but he is reading 

to the Court a statement that he has in his hand and 
I object to that. He is strictly reading a statement 

that he has prepared into the record here. He is not 
testifying himself.

BY MB. BANKS: (continuing direct examination)
Q. Are you referring to some notes, Mr. Stewart?

A. I am referring to some notes, yes.

Q. Who made the notes?

A. I made the notes.

BY THE COURT:
Are they being used to refresh your recollection in 
any way? Don't read from the notes. Can you testify 

without reference to these notes?

BY THE WITNESS:
I can. I might have to refer to them.

BY THE COURT:
I think Ms. McDade is entitled to see these notes.

BY MR. BANKS:
We have no objection to her seeing the notes.

BY THE COURT:
Hand the notes to Ms. McDade so she can see what they

are. (DONE)

BY MS. McDADE:
If the Court please, this is entitled, "Response to

-i 5'.JR0BERT L-DANIELS-JR-
' o f f ic ia l  c o u r t  r e p o r t e r

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Charges cn Pages 7 and 8 of the Defendants." Thi3 is 
a prepared statement which also has, by pencil, inter­
lineations and other marks made on it. It is simply 
a prepared statement and I object to him reading this 

into the record. I respectfully state that it would not 

be his testimony but would simply be reading a prepared 

statement into the record.

BY THE COURT:
Mr. Banks?

BY MR. BANKS:
Your Honor, the notes are notes' that I have never seen. 

They were made by Mr. Stewart himself recalling the 

events in question. We will offer his testimony without 

reading the notes, but they are his notes, they are not 
a statement prepared by anybody else. They essentially 
are his testimony in organized form.

BY THE COURT:
I don't think it is proper for him to read from these 
notes, Mr. Bank3. If you need your notes to refresh 

your memory on something you can do it in accordance 

with Rule 612, but for you Just to sit there and read 
from your notes would be improper. Confine your testi­

mony to what's in your personal recollection. Ms. McDad 
do you desire to start over?

BY MS. MeDADE:
i  *  P  f  j ROBERT L. D A N IE LS , JR.

OFFICIAL COURT REPORTER
GULFPORT, MISSISSIPPI / / '



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I do, Your Honor. That would be my motion that wo 

strike the testimony up to this date and come back 
again with the direct testimony of the witness under 
his oath.

BY THE COURT:
All right, let's just start over.

BY MR. BANKS: (continuing direct examination of Mr. Stewart)
Q. Without referring to your notes except where

necessary ---

BY THE COURT:
--- Hand those back to Mr. Bank3. It is not proper
to read from your notes when you are testifying.

BY MR. BANKS: (continuing direct examination)
Q. If you need your notes to refresh your memory you 

may ask for them.

BY THE COURT:
Is there any contest up to the point where he came 
into the principal's office, Ms. McDade?

BY MS. McDADE:
When he went to the superintendent's office, all up to 

that point is all right.

BY THE COURT:
All right.

BY MR. BANKS: (continuing direct examination of Mr. Stewart) 
Q. Were you informed in 1973 that a change in the

V  £  ROBERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER

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administrative structure of the West Kemper Schools would be 
made? Were you?

A. I didn't understand you.

Q. I said, were you informed in 1973 that a change 
in the administrative structure of the West Kemper Schools 
would be made?

A. Yes, sir.

Q. Who informed you of this?
A. The Superintendent.
Q. When was this?

A. That was in February.

Q. How did he inform you of this?
he

A. When I went into his office and7asked the secretary 
to have me ccme back in his private office and he informed me 
then there would be some changes made within the school system.

Q. Did ha tell you what changes would be made?

A. No, he said Mr. James G. Eldridge would be the over­
all principal and I would still remain as principal but he would 
novs his secretary over to the high school and I would move my 
secretary over to the elementary school. He would get into 
she storage room and I would still have my room but I would remail 
is principal.

Q. Who would you be reporting to?

A. I would be reporting to Mr. Eldridge and Mr. Eldridge 
*ould be reporting to him.

-ri P  ‘ J  ROBERT L. D A N IE LS , JR.
OFFICIALCOURT REPORTER

GULFPORT, MISSISSIPPI //



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Q. Where was the elementary school in relation to the 
high school?

A. The locations?

Q. The location.

A. It is on the east side of town.

Q. Where i s ---

A. —  The high school is on the west side of town.
Q. Your secretary was to he in the elementary school 

on the east side of town?

A. Right.
Q. And your office was to remain on the west side?

A. Right.
Q. Did he give you any reason for making this change?

A. Uh, no reason other than the board wasn’t satisfied 
with the way the school had been run.

Q. Do you know —  did you know Mr. Eldridge?

A. Yes, I knew him.
Q. What position did Mr. Eldridge hold at that time 

you were having the discussion with the superintendent?

A. He was elementary principal at that time —  no, he 

was Title I coordinator and, well, holding the same position 
too as elementary principal.

Q. Where was his office located at that time?
A. He was at the Title I office at that particular

time.
(  Q  3 0 B E R T  L - D A N IE L S ’ JR -

OFFICIAL COURT REPORTER
GULFPORT, MISSISSIPPI



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BY THE COURT:
He was where?

BY THE WITNESS:
Title I office. We had a Title I program and he was 

made coordinator over the Title I program for that 

particular year, but previous to that he was at the 

elementary school.
BY MR. BANKS: (continuing direct examination of Mr. Stewart)

Q. Now, during the year 1972-73, did you have an assis­

tant principal?
A. Yes, I did.
Q. What was his name?
A. Mr. Albert Herrington. H-E-R-R-I-N-G-T-O-N,

Q. Was Mr. Herrington there in 1973-7**?
A. He was retired.
Q. Was any statement made with reference to the 

assistant principal's position for the year 1973-7**?
A. Well, the superintendent told me there wouldn’t 

be no assistant principal.
Q. How long had you had an assistant principal?
A. Let's see, I believe Mr. Herrington was assistant 

principal in '71-'72 and '72-'7 3> two years.

Q. Did you have one in 1970-'71?
A. Seventy-seventy-one, yes, sLr, we had Mr. Jackson 

acting as assistant principal as well as coach.

A
/^RO BERT L. DAN IELS, JR.
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Q. And in '69-'70?
A. No, sir.

Q. When did Whisenton become West Kemper High School?
A. In ’70-'71. In the year '70 and '71.
Q. Was it West Kemper High School before Whisenton

became West Kemper High School?

A. Was there a high school?

Q. Whisenton. Was there a West Kemper High School 

before Whisenton became West Kemper High School?
A. No, sir.

Q. Was Whisenton paired with another school?
A. Yes.

Q. What school was it paired with?
A. It was paired with Dekalb High School, which is

West School now.

Q. Dekalb High School became West Kemper Elementary?
A. Right.

Q. And Whisenton became West Kemper High?
A. Right.

Q. At that time what grades did Whisenton serve?
A. Previous to being paired, it served from one through

twelve.

Q. What grades did Dekalb High School serve?
A. It served from one through twelve.

Q- Were there any white students at Whisenton previous
,  p g O B E R T  L .  D A N IE L S ,  J R .

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to it being paired?
A. No, sir.

Q. Were there any black students at Dekalb High School?

A. No, sir.

Q. What grades did Whisenton serve after it became 

West Kemper High School?
A. From grades five through twelve.

Q. What grades did Dekalb High School serve after it 

became West Kemper Elementary?
A. Grades one through four.

Q. Who was the principal of Dekalb High School before 

it became West Kemper Elementary?

A. Mr. L. B. Mitchell.
Q. After it became West Kemper Elementary School who 

was principal?
A. Mr. James G. Eldridge.

Q. And what did Mr. Mitchell do?
A. He was promoted to Assistant Superintendent of 

Education.
Q. Mr. Mitchell later became Superintendent of Educa­

tion?
A.

Q.

A.

Q.

Yes, sir.
When was that?
Uhj that was —  let’s see, seventy-two, I believe.

■K
Was he elected?

> ROBERT L. DAN IELS, JR.
( j  (J  OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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A. That was elected. I believe in January of ’72.

Q. State your educational background, Mr. Stewart?
A. I have a B.S. degree from Jackson State College

and a Master’s degree in school administration from Tuskegee 

Institute in Alabama.
Q. 'What certificates do you hold in the State of 

Mississippi?
A. I hold a "AA" Administrative Certificate in school 

administration.

Q. How long have you held that certificate?
A. I have held the "AA" certificate since 1965.

Q. What was your first year as principal?
A. The first year as principal wa3 in 1941.

Q. 1941?
A. Right.

Q. Where were you principal then?
A. In a two teacher school in Neshoba County, Rocky Hil

Q. How long did you hold that position?

A. I held that one year.

Q. Where did you go from there?
A. I went to Jackson State after I left there and

afterwards I received a B.S. degree from Jackson State.
Q. What year did you receive your B.S. degree from 

Jackson State?
A. In 1947. However, I got delayed some there. I had

Q f' ROBERT L. DANIELS, JR.
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to go in the service and I came back in '^5 and received my 

B.S. degree in '47 and then I began to work in Newton County.

Q. As a teacher?
A. As a principal. I worked there for five years up 

to 1953 and I came to Dekalb and succeeded Mr. Whisenton for 

whom the school was named.

Q.

to 1973?

And you had been principal at Whisenton from 1953

A. Yes, sir.

Q. Now, from 1953 through 1970 did you have any com-

Dlaint3 about your administration of the schools?

A. No, sir. No complaints.
Q. Did you —  how were you hired? Were you hired on 

a contract basis?
A. On a contract basis, yes.

Q. One year contract?

A. One year contracts, that's right.

Q. You were hired on a one year contract for each

year from 1953 through 1970?
A. One year contract, right.
Q. After Whisenton became West Kemper were any 

about your administration brought to your attention?

A. No complaints. I don't know of any complaints.

Q. Did you ever have a discussion with the superinten-

dent about your performance there at West Kemper High School?
G S  ROBERT L. D A N IE LS , JR.

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A. No, sir.
Q. Do you recall whether or not you were ever placed 

on probation?

A. Oh, yes, sir, I recall that.

Q. Explain the circumstances as you saw those circum­

stances at that time?

A. In 1970, August of 1970, we went to District Court 
right here, this building, and previous to coining to Court in 
the Spring of ---

q. — - Do you know why you were in Court?

A. The Superintendent came to the school and had a 

meeting with the teachers —  that’s the former superintendent 
of education —  and he brought with him some affidavits for 

the teachers to sign and the purpose of these affidavits was 
to preserve segregation within the school and he gave a talk, 
we met in the library, and he gave a talk to the teachers and 
asked them to sign these affidavits. After he had finished with 
his talk I got up and told the teachers to be sure and read 

these affidavits carefully before they signed them because they 

needed to know what they were signing and as I was telling them 

that the superintendent got up from his seat and walked out of 

the room and when the Court was over —
q . — . Do you know what you were in Court for?
A. Yes, sir.

Q. Why?
ROBERT L. D A N IE LS ,  JR.

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A. We was under a court order and if we failed to carry 

out the court order for the integration of the schools —
Q. — - In what respect was it alleged that you failed 

to carry out the court order?
A. Segregation within the schools.
Q. Segregated classrooms within the schools?

A. Segregated classrooms within the schools and we had 

to go back -- that*3 what forced us into Court...

BY THE COURT:
Speak up.

BY THE WITNESS: (continuing)
A. Segregation within the classrooms forced us into 

Court in August in 1970, but after the Court was over the super­

intendent came to the school and told me that I was of vary 
little help to him in Court and a little later cn in the year, 
over into the year, he told me —  well, it was in February, he 

came and told me that the school board elected me back but I 
was elected back on probation and I asked him why wa3 I on pro­
bation and he said for failure to cooperate with the school boar 

Q. Other than that complaint about your administration 

were there any other complaints brought to your attention by the 

superintendent or by any other member of the school board?

A. No other complaints .
Q. Why did you accept the principalship of West Kemper 

Elementary School?
ROBERT L. D AN IELS, JR.

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A. Well, we had a committee of citizens that met with 

the school board with a petition which had a thousand, five 

hundred and eighty-three names which stated they thought it 
was in the best interest of the community that I hold my same 
position, that was the top position. When those names were 
presented, he ignored those names and when the committee left 
he called me to come in, so when I went in he told me that I 

had said that I would accept the elementary school and that I 
also said that I couldn't work with Mr. Eldridge, which I told 

him I didn't say that. I didn't say that I couldn't work with 

Mr. Eldridge and I didn’t say that I wanted the elementary 

school, but if he and the school beard said that I have to take 
the elementary school, I guess I have to take it, so he pushed 
that contract out there and I signed it and right after I signed 
it one of the school beard members said to me, "Now you go on 

over there in that school and keep quiet. That will go a long 

ways in keeping the community quiet." So, when I got back to 

the school ---

BY THE COURT:
--- Who said that?

BY THE WITNESS:
That was one of the school board members.

BY THE COURT:
Do you remember which one?

BY THE WITNESS:
* >'f I ROBERT L. D A N IE LS ,  JR.

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I think that was Mr. Gordy. I thought that was the 

gentleman.

BY THE COURT:
All right, proceed.

BY MR. BANKS: (continuing direct examination of Mr. Stewart)
Q. Will you continue your answer?
A. When I got back to the school the committee was 

there waiting and they told me that they went in to present a 
petition to the superintendent of the school beard and I told 

them what the school board told me and they told me that they 

had accepted this petition and this new program. They presented 

a new program to them. The committee told me that they didn’t 

accept the new program. So, I went back then to the superinten­

dent 's office and I asked for, to see my contract and he let me 
see both copies and I started to walking out of the room and 
one of the school board members said to me then, "You had better 
get that contract back in here by five o ’clock this evening." 

And of course, I — - 

BY THE COURT:
—  Do you remember who said that?

BY THE WITNESS:
I think that was Mr. J. R. Dudley. Of course, I didn't 
turn that back in by five o ’clock that evening. I did 

turn that in the next morning.

BY MR. BANKS: (continuing direct examination of Mr. Stewart)
. . ^ . .R O B E R T  L. DAN IELS, JR.

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Q. Was that the contract for the elementary school? 

A. That was the contract for the elementary school. 

Q. As you saw it at that time what were your choices
as to a contract with the elementary school, a contract with 
the high school, Mr. Eldridge and your continued employment with 
West Kemper school or the Kemper County schools?

A. I had two choices. I had a choice to take that 

elementary school or I had a choice to work under Mr. Eldridge.
Q. Which did you prefer?

A. I took the elementary school, hut I didn't want to. 
Q. Did you later file charges of discrimination with

A. Yes, sir.

Q. Did they make a determination?
A. Yes, they did.

Q. Did you receive a letter of determination?
A. I received it.

Q. Did you also receive a right to sue letter based

A. Yes, sir.
Q. I hand you a document. Is that a copy of the lettai

of determination and right to sue letter?
A. Yes, sir.

BY MR. BANKS:
Your Honor, I believe it has already been stipulated

the Equal Employment Opportunity Commission?

on that charge?

,^f )  > ROBERT L. D A N IE LS ,  JR.
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that this document could be admitted.

All right, let it be admitted and marked Exhibit P-1. 

(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-1)

BY MR. BANKS: (continuing direct examination of Mr. Stewart)

Q. Mr. Stewart, what is your present desire regarding 

employment with Kemper County Schools?
A. I prefer my position at the high school.
Q. The position that you had —
A . ---The position I —
q . —  the position that you had for twenty some-cda

years?
A. Yes, sir.
Q. What is the race of Mr. Eldridge?

A. He is white.
Q. Do you know how long he had been an assistant?
A. I think, oh, about —  I don’t know, maybe six or 

seven or seven or eight years.
Q. Less time than you had been assistant?

A. Yes, sir. Yes, sir.
Q. Is he still an assistant?
A. He is not in the Kemper County School system, no, si 
Q. Who is the present principal of Kemper County —  

West Kemper High School?
A. Mr. Leach and Mr. Belle.

t

3Y THE COURT:

7 4
ROBERT L. DAN IELS, JR.

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Q. What is Mr. Leach's position?
A. Principal, sir.

Q. What is his race?
A. His race is white.

Q. What is Mr. Belle's position?
A. Principal too, I heard, sir.

Q. You heard?
A. Yes.

BY THE COURT:
You don't know?

BY MS. MeDADE:
We object.

BY THE WITNESS:
Not definitely, I don't know.

BY THE COURT:
Sustained, if you don't know. Just state what you know. 

BY M R . BANKS:
No further questions.

BY THE COURT:
I have a couple. Was Mr. Leach appointed principal 
at the same time you accepted the position as principal 

of elementary school or did Mr. Eldridge assume that 

position at that time?

BY THE WITNESS:
Mr. Eldridge assumed that position at that time.

v l  ”2 ^ R O B E R T  L. D A N IE LS , JR.
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How long did he remain principal? 

BY THE WITNESS:

BY THE COURT:

From July through September, I belie/e. He stayed there 

about two months.
BY THE COURT:

Just two months?

BY THE WITNESS:
Yes, sir, I believe.

BY THE COURT:
He was replaced by Mr. Leach? 

BY THE WITNESS:
Yes, sir.

BY THE COURT:
I have one other question. When did Mr. Eldridge become 

principal of the elementary school, if you know?

I believe it was the year before we integrated. That 

was seventy or seventy-one, I believe. It probably was 
sixty-nine because he was moved in previously from 
Lynville School, another elementary school.

BY THE COURT:
What school? Spell it. 

BY THE WITNESS:
L-Y—N—V-I-L-L-E.

BY THE WITNESS

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He moved there when It became West Kemper?

BY THE WITNESS:
West Kemper Elementary.

BY THE COURT:
When it became West Kemper Elementary, that’s when he 

became principal? He was never principal of Dekalb 

schools?
BY THE WITNESS:

No, sir, I don't think so. I believe Mr. Mitchell held 

that position.

BY THE COURT:
Until 1969, is that correct?

BY THE WITNESS:
Yes, sir, I think so.

BY THE COURT:
He was replaced by Mr. Eldridge? I have a Mr. James 
G. Evans. Who is he? Where does he fit Into the 

picture?

BY THE WITNESS:
I believe that should be James G. Eldridge.

BY THE COURT:
I see. All right, I understand. He became principal. 

All right. Cross examination?

BY MS. MeDADE:

BY THE COURT:

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Yes, Your Honor.
CROSS EXAMINATION

BY MS. MeDADE:
Q. Mr. Stewart, two co-principals were assigned to 

West Elementary School, were they not? Two were assigned there 

before you went there, were they not?

A. Mr. Eldridge and Mr. Belle.
Q. Caline Belle and Mr. Eldridge. There were also 

at the same time two principals assigned to West Kemper High 

School, were they not?
A. Well, my contract read that and I think the other 

contract read assistant principal.
Q. Very well, ■there were two of you there, Mr. E. P. 

Stewart, and that's you?

A. Yes.
Q. And Mr. Albert E. Herrington, a white man?

A. Yes, that's right.
Q. And Kempter County School system at that time had 

lost in enrollment had it not? The average daily attendance 

was down, was it not?
A. Probably slightly. Might have been slightly.
Q. It was also down in revenues too, were you not?

A. Well, I don't know too much about that because 

the school board never did keep me up with that too much.

Q. Well, you do know that the Kemper County School
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System received a Federal grant, do you not?

A. Yes, Ma'm.

Q. To implement a program that we called a "Career 
Education Program" in the system there for two year period?

A. Yes, Ma'm.

Q. And I believe the staff that they had on that to 

work on this program with two assistants, one to work with 

grades one through six and one in grades seven through twelve, 

together with one secretary. Was that not the way it was set 
up, Mr. Stewart?

A. I don't know —  repeat that again, please M a ’m?

Q. All right, you had one set up in grades one through 
six, one assistant director, and one in grades seven through 
twelve under this program, is that right?

A. You m e a n ---principals?
q . —  Under your career education program that we 

have Just been discussing.
A. I don't recall it that way. We did have career 

education in our schools but we weaved it into our curriculum 
all the way through.

Q. Well, you do know Mr. Layman Alexander held the 

position of assistant director of grades seven through twelve, 
don't you? You know that.

A. Career education program?
Q. Yes.

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A. But not director —  assitant principal.

Q. Yes. He held that did he not?

A. Yes.
Q. And Hr. Alexander is a black man is he not?
A. Yes, that's right.
Q. And you also know that Mrs.Callle Herron held the 

position of assistant director in grades one through six in the 

career education?
A. Yes, I understand that.
Q. And Mrs. Callie Herron is, of course, a black lady, 

is she not?
A. Yes, Ma'm.
Q. Now, you do know, do you not, Mr. Stewart, that 

when they agreed to accept these positions they were at that 
time in the public school system, were they not?

A. Ye3, Ma'm.
Q. They were. And it was agreed and understood that 

if they would accept these positions that when this program 
phased out they were to return into the public school system, 

is that not true?
A. I believe that probably would be true. I didn't 

direct that part too much. That was done from the 3uperintenden 

office.
Q. You know that that was true, do you not?

A. Yes.

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BY MR. BANKS:
I object unless he dees know of his own knowledge,

Your Honor, what their position was.
BY THE COURT:

Well, do you know?

BY THE WITNESS:
Some positions that were created there through the 
superintendent’s office we wasn't ever told. I was 
never told too much about the career education program.

I know we had that program and I knew they was coming to 
the school too, and we allowed the teachers to work 

that program in as much as possible, but outside of 
that we were never told ---

BY MS. McDADE: (continuing cross examination of Mr. Stewart)
Q. ---But y o u ----

BY THE COURT:
-—  Let him finish his answer. 

BY MS. McDADE:
All right, sir.

BY THE WITNESS: (continuing)
In fact, we were never kept informed about the Title I 
program and that was more involved than the career educa­

tion program in our school.

BY MS. McDADE: (continuing cross examination)
Q. We are talking about the career education program,

X
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Mr. Stewart, we will get back to Title I. You knew that these 
two people who were assistant directors of that program were in 
the public school system when they accepted those positions for 

that two year period of time, you knew that, didn't you?
A. I knew that, yes, Ma'm, I knew that they was in the 

career education program.
Q. Now, Mr. Albert Herrington you testified was the 

co-principal at West Kemper High School with you? Mr. Albert 

Herrington?
A. I believe he was assistant principal.
Q. Well, whatever he was he was out there with you

was he not?
A. Yes, Ma'm.
Q. He was. Mr. Herrington was retiring at the end of 

the '7 2 - ’ 7 3 school year, was he not?
A. Yes, Ma'm.
Q. And it was at this time that you people were notifie 

there in the school that your career education program was being 

discontinued, is that not true?

A. Yes, Ma'm.
Q. Now, Mr. Stewart, you tell this Court whether or 

not it isn't a fact that at that time that you were notified 
that you would remain principal if you wanted, of the Kemper 
High School there? The West Kemper High School? You would 
remain principal there? Just tell the Court, were you told

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that you would remain principal there if you wanted to?

A. Yes, under the condition that the superintendent 

told me about, I would remain principal subject to the supervisi 

of the over-all principal. I was told that repeatedly.

Q. Were not you told that you would remain the head 

principal of the West Kemper High School?
A. Not the head person, no M a ’m.
Q. Were you not the head principal all during the 

time that Mr. Herrington was there?

A. Yes, M a ’m.
Q. Did not the board of education tell you you would 

retain the same position there in that school if you wanted it?
A- Not the top position, no Ma'm.
Q. Now, Mr. Stewart, the fact of the business is you 

just didn't like Mr. Eldridge, isn’t that true?

A. Why would I not like him?
Q. Well, I don't know. You might tell the Court why 

you didn't like him.
A. You a r e ---

EY THE COURT:
—  Just answer the question.

BY THE WITNESS: (answering)
A. I liked him find.

BY MS. MeDADE: (continuing cross examination of Mr. Stewart)
Q. Well, why was it you didn't want to work in a school

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where Mr. Eldridge was also working?

A. I wanted to work there but I didn't want Mr. Eldridg
over me.

Q. Now, Mr. Eldridge in truth and fact took Mr. Herring 
ton's place, did he not?

A. Well, that wasn’t told to me that way.

Q. Did Mr. Herrington retire?
A. Yes, M a ’m.

Q. And you were offered your job back, so if he was 
offered a job he had to take Mr. Herrington's place, didn't he? 
BY MB. BANKS:

Objection, Your Honor.
BY THE WITNESS:

The superintendent didn’t tell me that.
BY THE COURT:

Sustained.

BY MS. MeDADE: (continuing cross examination)
Q. Well, nevertheless he wasn’t taking your place, was

he?

man.

A. Well, he said he was. He said he would be the top

Q. Now, Mr. Stewart, actually, in truth and fact, you 

didn't have any interest in West Kemper High School over these 
years, did you?

A. Well, I ’ll just have to say that I did.
ROBERT L. D A N IE LS , JR.

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Q. Well, did you have any interest in the progress of 

these students in this school out there?
A. I have to say I did. I had interest.
Q. Had you been reprimanded, Mr. Stwart —
A . ---No.

BY THE COURT:
Wait, let her finish the question.

BY MS. McDADE: (continuing cross examination)

Q. Had you been reprimanded for having placed on the 

football team out there students who were above the age to 

play football in high school?

A. No, not like that. Not reprimanded, as far as the 

school board.
Q. You did certify them didn't you, Mr. Stewart? You 

certified those students, didn't you?

A. Would you allow me to tell you how that came about?
Q. I want you to answer my questions if you will. Did 

you certify those students?
A. I signed — - 

BY THE COURT:
—  You can answer the question and you may explain your
answer.

BY THE WITNESS: (Answering) 
A. Yes.

BY MS. McDADE: (continuing cross examination)
o  Io o

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Q. You certified them?
A. Right.
Q. N o w ---

BY THE COURT:

—  Just a minute. Let him explain his answer.
BY THE WITNESS: (continuing)

A. This is the reason I certified them. From 1953 
through 1971 the coaches, they made cut the eligibility forms 
for the athletic program. I would check them to see —  well, 

the accuracy, to see if it was filled out all right and as they 

grew in experience they just continued to fill it out with no 

difficulty whatsoever.

Q. Mr. Stewart---
BY THE COURT:

—  Just a minute. Had you finished, Mr. Stewart?
BY THE WITNESS:

No, sir.
BY THE COURT:

You may continue.

BY THE WITNESS: (continuing answer)
A. Well, in 1971 there was an error made and here is 

the reason why the error was made —
BY THE COURT:

— - Let *s get to it.

BY THE WITNESS: (continuing answer)
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A. When Mr. Brown, one of the coaches was sent over frcn 

Dekalb High School, during this integration plan, he said that 
he had been trade athletic director at a meeting, and I told 
him that we hadn’t ever got around to that but we would get 

around to it, so he told me he had been made athletic director 
by the school board, so a little while after that, a few days,
I did receive a letter from the superintendent's office that, 

well —  yes, it was a letter, that he was made athletic director 
and a little while after that, a day or two after that, the 
former superintendent came to the office and told me to let 

the athletic director run the school program and he said it in 

such a way that a person could feel that chill on him when he 

said it.

BY THE COURT:
What was his name? That superintendent?

BY THE WITNESS:
Mr. Palmer.

BY THE COURT:
P-A-L-M-E-R?

BY THE WITNESS:
Yes, sir. A person could feel that chill the way he 
said it to him.

BY MS. McDADE: (continuing cross examination)
Q. Are you still cold Mr. Stewart?

BY THE COURT:
^  g y  ROBERT L. D A N IE LS , JR.

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Just state what ha said, Mr. Stewart.

3Y THE WITNESS: (continuing)

Well, then I began to sign those reports.

BY MS. McDADE: (continuing cross examination of Mr. Stewart)

Q. Did you sign them out of fear, Mr. Stewart?
A. I signed it because---
Q. —  Because you were cold?

BY THE COURT:

All right, let's proceed.

BY THE WITNESS: (continuing answer)
A. I signed it because he told me to let the athletic 

director run the program and I thought that these reports were 

correct because if they made him athletic director I put my 
signature to it, I glanced at the reports thinking that they 
were right and I signed them.

Q. Is it your custom to sign things that you don't 

know what you are signing, is that what you are telling this 

Court?
A. No, Ma'm.

Q. Well, you signed the eligibility list as principal 
of that school, did you not?

A. I sure did.

Q. You did sign that.
A. Yes, Ma'm.
Q. I hand you the eligibility list and ask you if this

e ?

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is your signature on it. Did you sign that?
A. Yes, Ma'm.

Q. That's your signature. And you certified this 
eligibility list that four students here were within the proper 
age to play football, did you not, and I'll call those names 

off to you: Billy Joe Boyd, Willie Ellerby, Phil Gully, Willie
Whitsey, and Samuel Tisdale.

A. Yes, Ma'm.
BY THE COURT:

There were five individuals?
BY MS. Me DADE:

Yes, sir. Would you like for me to call those again?
BY THE COURT:

No, that's all right.

BY MS. MeDADE: (continuing cross examination of Mr. Stewart)
Q. Now, when a student is in your school, Mr. Stewart, 

his age is registered by law there, his correct age by certifi­
cate of birth, is it not?

A. Yes.

Q- And you knew of your own personal knowledge the age 
of these men who were playing on that team, did you not?

A. I knew the students.

Q. You knew them, all right. New, as a consequence of 
you playing grown men on this high school football team what 
happened as a result of your action?

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A. The school was placed cn probation.
Q. For how long?
A. For a year.

BY THE COURT:
How long? One year?

BY THE WITNESS:

A year. Just the football.

BY THE COURT:

Football was placed on probation for one year?
BY THE WITNESS:

Just football, not basketball.
BY MS. McDADE: (continuing cross examination of Mr. Stewart)

Q. Now, when you told the Court a moment ago you hadn't 
been reprimanded you made a mistake about that didn't you? You 
were reprimanded about this, were you not?

A. (no audible reply)

Q. You were reprimanded about this were you not?
BY THE COURT:

Answer the question.
BY THE WITNESS: (answering)

A. I was told in connection with that.

BY MS. McDADE:

I wish to offer this in evidence as an exhibit 

testimony at this time, Your Honor. I can get 
the record because he admitted it.

to his 

it into

/ '  /

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BY THE COURT:

State for the record what it is and it may be marked 
for identification at this time.

BY MS. MeDADE:

The eligibility list just testified to by the witness, 
Mr. Stewart, with certificates of birth of the indivi­
duals attached thereto and the notice of penalties from 
the Mississippi High School Activities Association 
placing this school on probation for one year. Thank 

you.

BY THE COURT:

All right, let it be marked for identification at this * 

time as Defendant's Exhibit one. Ms. McDade, it will 
be up to you to enter all of your exhibits into evidence 
at the time you present your case, but for all purposes 

it will be considered as having been in evidence at this 
time but you must formally do that at the time you pre­
sent your case.

BY MS. McDADE:
Very well, Your Honor.

(SAME RECEIVED AND MARKED EXHIBIT D-l FOR IDENTIFICATION 
BY THE COURT:

All right, you may proceed.

BY MS. McDADE: (continuing cross examination of Mr. Stewart)

Q. Now, Mr. Stewart, state to the Court whether or not

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according to the regulations and the law you kept these permanent 
records of these students under lock and key? Did you keep 
them according to the law and regulations and rules, under 

lock and key?
A. Yes, Ma'm.
Q. Do you tell this Court that you didn’t leave these 

in the teachers' classrooms where they were available to the 

students?
A. We had locked cabinets. They weren’t available.
Q. And you tell this Court that none of the grades 

were changed as a consequence of you leaving those records in 

the classroom where the teachers were?

A. They were not.

Q. Mr. Stewart, I hand you here some photostats of 
records from your office dealing with students in that class.

I want you to tell the Court whether or not those records were 

changed?
A. These are teachers’recordings .
Q. Have those records been changed?

A. No.
Q. Do you tell the Court that these records have not 

been changed and written over?
A. If it did, the teacher did it.
Q. And you 3tate to the Court that these grades have

not been changed?
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A. If they were changed —

Q . ---I asked you i f ----

BY THE COURT:
Just a minute. Let him answer the question.

BY THE WITNESS: (answering)
A. Sometimes teachers probably change their grades, 

but if they were changed the teachers changed them.

BY MS. MeDADE: (continuing cross examination of Mr. Stewart)
Q. There were no initials on there where anybody change 

them, were they? Whoever changed them, they didn't initial then 
to show who changed the records, did they?

A. Well, the teachers did it if they were changed.

BY THE COURT:
Were there any initials on the documents?

BY MS. Me DADE :

No, sir.

BY THE COURT:
Let him testify.

BY THE WITNESS:
There were no initials.

BY THE COURT:
No initials, all right. Is it the customary practice 

for teachers to initial changes on these records that 

they make themselves?

BY THE WITNESS0.
* .  Q  O R O B E R T  L. D A N IE LS , JR.

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It ±3 not a custom.

3Y THE COURT:

It is not a customary practice for teachers to put 

their initials on changes they make on these permanent 
records?

BY THE WITNESS:
It is not a custom, no, sir.

BY THE COURT:
All right.

BY MS. MeDADE: (continuing cross examination of Mr. Stewart)

Q. Now, Mr. Stewart, did you keep a card file on these 
students so that you would know where the student wa3 during 
any period during the school day?

A. Yes, I did.

Q. You tell the Court that you kept that file and you 

could put on any student at any time during the day?
A. Yes, I did.

Q. Mr. Stewart, I want you to state to the Court your 

procedure with reference to these students that you were giving 

examinations to when examination period time came around. How 
would you schedule those examinations?

A. Examinations were scheduled by the faculty, taking 

into consideration the amount of time needed for these examina­

tions .
Q. Did you give four examinations in one day to these

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students ?
A. Well, I don't know if I did. The schedule would 

call for four, some might have been given four, but we considers 
that in our faculty, the length of the examinations and the 

time that we needed.

Q. Mr. Stewart, is this a notice that came from your 

office as principal of West Kemper High School?

A. Yes, it i3.
Q. Did you prepare that, Mr. Stewart?
A. Yes.
Q. Turn over to the second page and tell the Court 

how you scheduled examinations for the students there that 

one day?
A. We have those periods there, let’s see, one, two, 

three, four, but this was a flexible schedule.

Q. Four examinations scheduled for those students in

one day?
A. Some might have had four. All didn’t have four, 

but that was left up to the discretion of the faculty.

Q. Mr. Stewart, did you keep a financial statement on 

your concessions and also your gate receipts as required on

your football or athletic games?
A. Yes, I did.

Q. You kept those separated?

A. Not separated. I had them on one sheet and they
Q  , \  ROBERT L. D A N IE LS , JR.
V> "-2 0 FF IC IA L  C O U R T R E P O R T ER

G U LF P O R T , M ISSISSIPP I



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came out of the ledger. We had it spelled out in our ledger. 
It was all placed in the ledger together.

receipts and so forth.

Q. 13 this one of your itemized statements that you 
prepared for your football in 1972?

the gate and concession receipts?

A. We didn’t separate this, like that. Where you see
concessions you see concessions and where you see gate receipts
you see gate receipts.

Q. Where are the gate receipts?
A. Right here.

Q. And where are your concession receipts?
A. Gate receipts.

BY THE COURT:

Just a moment, we are going to have to specify where on 
the document, for the record. "Right here" and "Right 
there" doesn't make any sense when you are reading the 
record.

BY MS. MeDADE: (continuing cross examination of Mr. Stewart)

Q. On this line where you have stipulated income, every­
where you see concessions and gate receipts, are those put toge-
. .  • ROBERT L. DAN IELS, JR.
^ e r  !_• 0  J jO F F IC IA L  C O U R T R E P O R T ER

G U LF P O R T , M ISSISSIPP I

Q- You knew what was gate receipts?

A. Oh, yes, we divided and itemized what was gate

A. Yes, Ma'm.

Q. Now, show me on here, Mr. Stewart, where you separate



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or are they separated?
A. They are together there.

Q. You did not separate them.
A. We didn't see that was necessary to separate them. 

Q. Therefore you didn't know what was gate receipts 

and what was concession receipts?
A. Yes, we did. That was prepared specifically for 

the superintendent—
Q. —  Mr. Stewart---

BY THE COURT:
— - Just a minute. let him finish his answer.

BY THE WITNESS: (continuing answer)
A. In our ledger we had it there, we left it there in

the school.
Q. Did you have printed and made available these foot­

ball tickets to be sold at the gate?
A. Yes, Ma'm. We also had several rolls of tickets 

left in the record vault when I left on the 30th of June in '73* 

Several extra rolls.

BY THE COURT:
Just a moment. Let's get back to these concessions and 
gate receipts. You say they are separated on separate 
ledgers which is a different document than what you hav? 

there?

BY THE WITNESS:

V.

R O B E R T  L .  D A N I E L S ,  J R .
O F F IC IA L  COURT REPORTER 
W  GULFPORT, MISSISSIPPI



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They are within the same ledger but we really knew what 

was concessions and what was gate receipts.
BY THE COURT:

How did you know that? That's what I want to know. 
BY THE WITNESS:

Well, by the money that we took up on the gate receipts 

we recorded it as such and named it in the ledger.

Where is that document? What ledger? What are you 
talking about?

BY THE WITNESS:

We left that at the school.
BY THE COURT:

Oh, you don't have it here today? 
BY THE WITNESS:

I don't have the ledger.
BY THE COURT:

Was this a document that —  just a minute —  that you 
prepared from these ledgers? Is that what you are say­
ing?

BY THE WITNESS:

Yes, sir.

BY THE COURT:

All right, do you have any questions, Ms. McDade?

BY MS. McDADE: (continuing cross examination of Mr. Stewart)

BY THE COURT

R O B E R T  L .  D A N I E L S ,  J R .
Q  O f FICIAL COURT REPORTER 
^  '  GULFPORT, MISSISSIPPI



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Q. This was submitted to whom?
A. To the superintendent of education’s office.
Q. And you didn't separate the gate receipts from 

the concession receipts. You have them here as one item.

A. We have it listed as one, yes.

Q. Now, Mr. Stewart, did you delegate the authority 
to certain teachers out there to do the buying out there for 
that school while you were principal out there?

A. You mean t o ---
Q. — —  The supplies out there.

A. Ch, yes.
Q. You allowed the teachers to buy supplies?

A. Through the approval of my office, yes, M a ’m. That 

was particularly true when you come down to sponsors of various 

classes.
Q. Now, Mr. Stewart, I hand you here a bill from Stump 

Printing Company, South Whitley, Indiana. Did you authorize 

a teacher to purchase anything from those people?
A. Yes, M a ’m. This was Mr. Peeler. This is a state­

ment which —

BY THE COUNT:
—  1*010 is Mr. Peeler?

BY THE WITNESS:
He is one of the teachers there in the high school. He

also was sponsor of the Junior class there and was authorized,
RO BERT L. D A N IE LS , JR.

y  O f f ic ia l  c o u r t  r e p o r t e r
GULFPORT, MISSISSIPPI



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he and the class, to make purchases and pay for them out of 
their treasury, so they did that. They did that every year, 
the sponsors of the classes, more than one year.

Q. Mr. Stewart, who did that bill come to?

A. West Kemper High School.

Q. What dees that bill say?

A. It says, "past due". Now, at the time this was made, 

in April of 1973* we didn't have a statement in April of 1973 
but we received an itemized invoice and I presume that a state­
ment came in after I left there on the 30th of June.
BY THE COURT:

Do you know? You are not sure?

BY THE WITNESS: (continuing)
I am not for sure because the principals, if they had 

notified me about the statement coming, that’s when that invoice 

would have been paid. We pay by statements and I am assuming

that one did ---
BY THE COURT:

—  The two principals?

BY THE WITNESS: (continuing)

If the principals that took over the school.

BY THE COURT:
All right.

BY THE WITNESS: (continuing)
See, I left there on June 30th. They came in in July.

ROBERT L. D A N IE LS , JR.
y  y F F I C I A L  C O U R T R E P O R T ER

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I assume that this came in after I left, but I wasn’t notified 

at that particular time, so therefore, if I had been notified 
I assume that would have been taken care of.

BY MS. MeDADE: (continuing)
Q. Mr. Stewart, when was the stuff purchased?
A. In April, but no statement came in through June 30tb 

we hadn't gotten it and we don't pay bills unless we get a 

statement and then we match the itemized invoice with the state­

ment, so I assume -—

BY THE COURT:
All right, I understand. Let's proceed.

BY MS. MeDADE: (continuing)
Q. Now, Mr. Stewart, is this the invoice for that 

shipment?
A. Yes, it is.

Q. What is the date of that invoice?
A. That is April, four, eighteen, seventy-three.
Q. What date was it shipped?
A. Fourth, twenty-four, seventy-three.

Q. Attached to this is a letter from these people. 
What does that letter say?

A. That wasn't attached to this invoice right here. 

That was attached to this statement here which came in after

that date.

Q.

When we receive statements — -

—  What does that letter say?
1  f t p  R O B E R T  L .  D A N I E L S ,  J R .  

-■**- OFFICIAL COURT REPORTER
GULFPORT, MISSISSIPPI / --Z .



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A. The letter says it is past due but when we receive 
statements we always go back and get the invoice -—

q . --------Did the letter a l s o ----
BY THE COURT:

— - One at a time. One at a time, now.
BY THE WITNESS: (continuing)

A. The letter says, "We have sent ycu several statements 
but todate we have not heard from you or received your payment. 
According to our records your past due balance is $179.21, May 

we please have your check to clear this old balance from our 

records." I told them no statement had come in and those prin­
cipals didn't notify me when it came in.

whatever they needed and wanted without coming through your 
office with it?

A. No, I didn't say that, no Ma'm.
Q. Did you approve that invoice?

A. I approved them ordering that and then this came in. 
Q. What does it say they ordered, Mr. Stewart?

A. That was decorations for the Junior and Senior Prom.
And we pay for those every year. They have been using that 
company for four or five years and we would have paid for that
if we had received it in time. After I left there in June ---
BY THE COURT:

Q- So you allowed members of the faculty to purchase

--- Mr. Stewart, are you saying you gave a blanket
. R O B E R T L . D A N |E LS, JR .

•V. i U d U 'C l A L  COURT REPORTER
O BERT L. D A N IE LS , JR.
[F IC IAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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approval to the junior class through Mr. Peeler to 

purchase supplies for the junior class during that schoc 
year or that particular semester? Is that what you ara 
saying?

BY THE WITNESS:
Yes , sir.

BY THE COURT:

And you didn't check the specific purchase to be made 
prior to that time?

BY THE WITNESS:
Yes, sir, I checked them.

BY THE COURT:

When, after they came in or prior to it? Did he come 
to you first?

BY THE WITNESS:

I gave them prior approval to order them.
BY THE COURT:

Specifically for these items listed for the junior and 
senior prom and any other items?

BY THE WITNESS:
Yes, sir.

BY THE COURT:

He came to you and went over these items prior to the 
purchase of them?

BY THE WITNESS:
1 Q ' r t O S E R T  L. DANIELS,  JR.

O F F IC IA L  C O U R T R E P O R T ER
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Yes, sir. I gave him my approval.

BY THE COURT:
All right, I understand your testimony.

BY MS. MeDADE: (continuing cross examination)

Q. Now, Mr. Stewart, you also say you had a lot of 
interest in the students, you refused to let them have a band 
that they were qualified and capable of having in that fine 
school, did you not?

A. Well, we had a good band when I first came to Whisen

ton in 1953 and it has been from good to fair ever since. It 
would depend on the students. That course is elective and it is 
hard sometimes to get students to elect that course and hold 

out through their senior year to become a good band person, so 
that was a fluctuating situation with that.

Q. Mr. Stewart, you had the potential of fine talented 

students there for a fine band, did you not?

A. And we had one.

Q. You say you had one?
A. We have received awards previous, well years previou

to integration.
Q- There has been introduced into evidence as plaintiff 

exhibit number one a letter that Mr. Stewart testified from the 
E.E.O.C. I call your attention to page two of that letter at 

the very bottom and I wish you to read it to the Court, turn 
over to the next page and read that.

t- i o «
'  RO BERT L . D A N IE LS , JR.
O f f ic ia l  c o u r t  r e p o r t e r

GULFPORT, MISSISSIPPI



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A. "indications that charging party’s principal (black)
determined that there was a serious problem with the band. Other 
witnesses both black and white supported the contention that 

charging party did not put together a comparable band.”

BY THE COURT:

Wait, where are you reading from?

BY MS. MeDADE:

BY MR. BANKS:
May I see that document please?

BY THE COURT:
I have, "Among those dropped by this criteria..."

BY MR. BANKS:
I do to.

BY MS. McDADE: (continuing cross examination)

Q. Mr. Stewart, I hand you here a letter, will you 
tell the Court from whom that letter is? Who that letter is 

from and what it is?

A. This letter is from the Equal Employment Opportunity

Commission and it was a determination of an investigation in 
connection with the band director.

Q. And that was an investigation that you requested 
the E.E.O.C. to make up there when you left the school?

A. Not on the band director.

Page two, at the bottom, beginning at the very bottom
of the page

t 104 ROBERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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Q. But that was a result of it, wasn't it, Mr. Stewart? 
BY MR. BANKS:

May I see that letter?
BY THE COURT:

Yes, just a second. Let Mr. Eanks see the letter and 
let's see what we have here. This letter is not in 

evidence. I have the "determination" which is P-1 and 
it dees not correspond to that.

3Y MR. BANKS:

Your Honor, this a determination letter issued on the 
charge of Donald E. Mays. It doesn't have anything to 
do with Mr. Stewart's charge. It is Donald Mays' deter­
mination.

BY THE COURT:
Let me see it please. What has this to do with the 

determination of this defendant? It is not the deter­
mination of the defendant.

BY M S . MeDADE:

They were all, if the Court please, protesting at the sai 
time. Even though we chose one, Mr. Stewart and all 
the others were in this same complaint.

BY MR. BANKS:

I don't know who all the others were, Mr. Stewart 

filed a charge of discrimination. I assume that Donald 
Mays filed a charge of discrimination. They may have

GULFPORT, MISSISSIPPI

^  RO BERT L. D A N IE LS , JR 
4 ,(Jq$ F IC IA L C O U R T  REPORTE



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filed charges of discrimination at or about the same 
time. I don't know if they were terminated at or about 

the same time. I know nothing about the Donald Mays 

charge. I don't know whether or not they were investi­
gated at or about the same time but I know that Mr. 

Stewart filed his own charge and Donald Mays filed and 

is not included in that charge.

BY THE COURT:
Who is Donald Mays, the band director? 

BY THE WITNESS:

Yes.

BY THE COURT:
Of course, any determination by the E.E.O.C. is not 

binding on this Court anyway, as both of you well know.

It is a matter of showing that the people who investiga 
ted that found that this was the true circumstance.

BY THE COURT:
Well, as I said, it is not binding.

BY MS. McDADE:
No, it is not binding.

BY THE COURT:
Is Mr. Mays going to testify before the Court?

BY MR. BANKS:
Whatever they found to be true with regard to Mr. Mays 

V  1 OB RO BERT L. D A N IE LS , JR.
“**■ OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI

BY MS. McDADE:

/



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and the band would have no relevancy to thi3 man.

BY THE COURT:
I agree. I sustain the objection to the use of this 

document.
BY MS. McDADE: (continuing cross examination of Mr. Stewart)

Q. Mr. Stewart, in February 1971 you were placed on 

probation were you not, by the Kemper County Board of Education?

A. Yes, Ma*m I was told that.

BY THE COURT:
Just a moment, let me ash one question. When was the 
last time that West Kemper High School had a band prior 
to your leaving? Did it have a band each year prior 
to the time you left?

BY THE WITNESS:
No, sir, in fact I found a band there when I came there 

in 1953.
BY THE COURT:

I understand that. There was a band on the field or 
a band program each year you were principal of West 

Kemper High School?

BY THE WITNESS:
Yes, sir. 

BY THE COURT:
O.K.

BY MS. McDADE: (continuing cross examination)
107 RO BERT L. D A N IE LS , JR. 

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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Q. Mr. Stewart, did you ever allow your students to
have an anjual every year? A book with their pictures in it 

and their teachers and everything? Something that they treasure 

Did you allow the students in that school to have an annual 

every year?

the income was so low, it wasn't much incentive. We did a
survey out there and ---

Q. ---As l o n g ----

BY THE COURT:
Just a moment. Go ahead.

BY THE WITNESS: (continuing)
A. We did have a survey out there with the feeling of 

the parents as to such, but we didn't get enough response even 
to sponsor an annual because they were too poor.
BY THE COURT:

You did not have an annual?

BY THE WITNESS:
We didn't have an annual.

BY THE COURT:
All right, answer the question first and then you may 
explain your answer, but answer the question, if you car

BY MS. MeDADE: (continuing cross examination)

Q. You never did as long as you were principal have an 
annual at the school. Now, as a matter of fact, you get these

A. Well, we were not able up until a few years ago,

t  1 Q 8
RO BERT L. D A N IE LS , JR.
Of f ic ia l  c o u r t  r e p o r t e r
' GULFPORT, MISSISSIPPI



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annuals by the students going out and selling —  getting dona­

tions from people who put their names in the back such as this, 
do you not?

A. Yes, I think that's correct.

Q. Now, Mr. Stewart, I hand you here —  tell the Court 

what that is?

A. This is an annual.

Q. For what year?
A. Seventy-four.

Q. For what school?
A. West Kemper High.
Q. So they do now have an annual, do they not, Mr.

Stewart?
A. Yes.

Q. Tell the Court whether or not you ever allowed these 
students to have a home coming every year?

A. Oh, yes.
Q. You had home coming every year and crowned a queen 

at the football games and all that?

A. Every year that they wanted it. It could have been 

some years that they didn't decide on that, the sponsors of the 

classes, they all make that decision, but every year I can 

remember, they did.
Q. Now, Mr. Stewart, is it the policy that the principal] 

recommend the faculty for each year and submit their recommendat

* 1 0 $ )B E R T  L. D A N IE LS , JR.
ef ic ia l  c o u r t  r e p o r t e r
GULFPORT, MISSISSIPPI (



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to the board of education for the members of the faculty each 

school year?
A. Yes, M a ’m.
Q. And you as principal did that, did you not?

A. Yes, M a ’m, each year.
Q. Now, Mr. Stewart, I hand you here what is termed,

"Mississippi Public Schools Contract of Employment." Who 
executed that contract and for what year, please?

A. This is my contract. I executed it. I signed this 

contract.
Q. Did anybody threaten you to make you sign that 

contract?
A. I had two choices.

BY THE COURT:
Answer the question first. Then you may explain. 

Did anyone threaten you? You may explain.

BY THE WITNESS:
Yes, sir.

BY MS. MeDADE: (continuing)
Q. Who threatened you, Mr. Stewart? 

BY THE COURT:
Let him explain. You may explain.

BY MS. MeDADE: (continuing)
Q. Who threatened you?

BY THE COURT:

l u q ^ROBERT L. D A N IE LS , JR.
O FFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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I said, let him explain.

When I met with the school board that time the kind 
of language that they used, it inferred to me that I 
wouldn’t have a Job.

BY MS. MeDADE: (continuing)
Q. What kind of language did they use, Mr. Stewart?

A. By saying that I told them I v/ould go to the 

elementary school and then said that I couldn’t work with Mr. 

Eldridge and they said it in a way that If I wanted to work I 
had to do that, so I did. That was the threat, an oral threat.

Q. The threat was that you would work no where if you 

didn’t take this?
A. In a way I interpreted it, yes, Ma'm.
Q. Is that what the threat was? I am asking you for 

the Court's benefit. t
A. That’s the way I interpreted it.

BY THE COURT:
What exactly was said to you? Did anybody tell you tha1 
if you don’t go to work at the elementary school you 

won't have a Job?

BY THE WITNESS:
Nobody didn't say that, no, sir.

BY THE COURT:
All right, what did they say?

BY THE WITNESS:

RO BERT L. D A N IE LS , JR.
1 1 ]  OFFICIAL COURT REPORTER 
H I  - GULFPORT, MISSISSIPPI



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BY THE WITNESS

"You said you would taka the elementary school. You 

said you couldn't work with Mr. Eldridge."

BY MS. MeDADE: (continuing)

Q. Now, Mr. Stewart —

BY THE COUET:
—  Wait just a minute. Have you finished?

BY THE WITNESS:
Yes, sir, that's what they said.

BY THE COURT:
You said you would take the elementary school?

BY THE WITNESS:
The elementary school. "You said you couldn't ;ork 

with Mr. Eldridge."
BY THE COURT:

Who told you that, the superintendent?

BY THE WITNESS:
The superintendent of education told me.

BY THE COURT:
All right. You may proceed.

BY MS. MeDADE: (continuing cross examination)
Q. As a matter of fact, Mr. Stewart, you told the 

superintendent of education that you preferred to have the 

principal's duties of the elementary school rather than the 

high school did you not?

112V ) ROBERT L. D A N IE LS , JR.
Cj  o f f ic ia l  c o u r t  r e p o r t e r

GULFPORT, MISSISSIPPI



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A. I did not.
Q. You didn't tell the superintendent of education that 

you preferred that rather than working in the sase school wiih 

Mr. Eldridge?

A. No, I didn't.
Q. You didn't tell them that you would accept that 

school at all?
A. I had the choice on that. I had two choices.
Q. What choice did you accept?
A. I accepted the elementary school.

BY MB. BANKS:
Your Honor, he has testified consistently as to what 

choice he made.

BY THE COURT:
Let's move on. Just a moment, let me finish talking.

I think we can move on. All right.
3Y MS. MeDADE: (continuing cross examination)

Q. Did you sign this in the school —  in the court 

house or did you take this home and keep it about a week and 

make up your mind and then ccme back and sign it?

A. I signed that the day —

BY THE COURT:
— - Just a minute. Mr. Stewart, whan counsel objects, 
don't talk. Wait until he finishes his objection and 
I rule on it before you say anything. All right.

RO BERT L. D A N IE LS , JR.
£  T 1 OFFICIAL COURT REPORTER /  /

4 i l )  GULFPORT, MISSISSIPPI /  /  ,
6



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BY MR. BANKS:
My objection, Your Honor, is not to the question but to 

Ms. MeDade's position in the courtroom.

BY THE COURT:
Yes, have you finished examining on these documents? 

BY MS. MeDADE:
No, sir, I have not. Would you prefer me ---

BY THE COURT:
--- I would prefer that you remain behind the desk unles

you are handing him a document.

BY MS. MeDADE:
I was fixing to do that.

BY THE COURT:
All right, proceed.

BY MS. McDADE: (continuing cross examination)
Q. Now, Mr. Stewart, that one was dated March 12, 1973- 

I hand you another and ask you what that is?
A. This is another contract.
Q. Did you sign that contract?

A. Yes, M a ’m.
Q. Did anybody force you to sign that contract?

A. Not this one.
Q. What is the difference in that contract and this

one, Mr. Stewart?

BY THE COURT

t 114 ROBERT L. D A N IE LS , JR.
:• OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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64.

What is the date on that second contract?

June.

BY THE COURT:

June, 1973?

BY THE WITNESS:

Yes.

BY THE COURT:

What's the date on the first contract?

BY THE WITNESS:

The 12th day of March.

BY THE COURT:

1973?

BY THE WITNESS:

Yes, sir. The difference here is a raise in salary.

When I signed this contract I don't think the superintendent 

was in the office. The secretary was.

BY MS. MeDADE: (continuing cross examination)

Q. But the legislature had met before the school y e a r  

started and had elevated the salary and they gave you the benefi- 

of the increase in salary by the second contract that you execu­

ted, did they not?

A. Yes, they did. That's correct.

Q. Now, Mr. Stewart, I hand you here an instrument and

BY THE WITNESS:

ask you what that is?

n  ^"RO BERT L. D A N IE LS , JR. 
’-O FFIC IAL COURT REPORTER 

GULFPORT, MISSISSIPPI
/  /



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65
A. Recommendation for faculty.
Q. Is that a recommendation as prepared and submitted

by you?
A. Yes, Ma'm.
Q. Turn to the second page, Mr. Stewart, and tell the 

Court who you recommended for principal of West Kemper Elemental 

School?

A. For *75 and '76?
Q. Yes.
A. E. F. Stewart.
Q. E. F. Stewart, and that's you. 
A. Right.
Q. Mr. Stewart, I hand you herewith another instrument 

and ask. you what that is.
A. This is the contract for ,75-'76.
Q. Did you execute that contract?
A. Yes, Ma'm.
Q. Did anybody twist your arm or threaten you to sign 

that contract?
A. Not for the last two.
Q. Mr. Stewart, in truth and fact, Kemper County 

Board of Education honored every request you made. You asked 

for the principalship of this school and you got it, is that 

not true?
A. I didn't get that one for the high school that I

t 110 RO BERT L . D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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asked for.

BY THE COURT:
Speak up.

BY THE WITNESS: (continuing)
A. I didn't get the Job for the high school that I 

asked for in '73-'7^.
Q. You requested the principalship -- my question is —  

of the elementary school.
A. I didn't make that request.

Q. You didn't request it even for this '7^-'75 scholas­

tic year?
A. Yes, I did for this year.
Q. You got it, didn't you, Mr. Stewart?
A. Yes.

BY MS. MeDADE:
That's all.

BY THE COURT:
Redirect.

REDIRECT EXAMINATION

BY MR. BANKS:
Q. Mr. Stewart, you were principal of West Kemper 

Elementary for ' 7 k -  '75?
A. Yes, sir.
Q. Was it among your duties to recommend the faculty 

for '75-'76?
I 117 ROBERT L. D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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A. Yes, sir.
Q. That was your recommendation for '75~'76?

A. Yes.
Q. Did you have any authority to recommend the faculty 

for West Kemper High School?
A. No, sir.
Q. If you hadn’t recommended yourself for West Kemper 

Elementary School would you have been recommended at all?
A. I wouldn’t have had a job, I don’t believe.
Q. What was your relationship with Mr. Herrington in 

1970-'71?
A. He was the assistant principal.

Q. Did you have a contract for '70-'71?

A. Seventy, seventy-one? Yes, sir.

Q. What did your contract say?

A. Principal, West Kemper High School.

0, Did you see his contract?
A. I saw it.

Q. You saw Mr. Herrington's contract?

A. Yes.

Q. What did it say?
A. Assistant principal.

Q. You testified about a fellow sent over there called

the athletic director. What was his name? 

A. Billy Brown.

118 ROBERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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Q. What was his race?

A. Pardon?

Q- What race was he?
A. He was white.

Q- White. This list that was introduced in evidence
that you signed ---
BY THE COURT:

—  Marked D-l for identification at this time.
BY MR. BANKS: (continuing)

Q. Exhibit D-l for identification. Did Mr. Brown also 
sign that?

A. Yes, sir.
Q. Did he bring it to you?
A. Yes, sir.

Q. And you signed your name?

A. Yes, sir.

Q. Now, the years previous to that had you signed the
eligibility list?

A. Every year previous to that.

Q. Had you ever been found to have a player over age 
on your football team?

A. Never have.

Q- Have you ever been found to have one on your footbal
team since that time?

A. Never have since that time
ROBERT L. D A N IE LS , JR.

I T  J j  O F F IC IA L  C O U R T R E P O R T ER
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Q- Other than the fact that the Mississippi High School 
Activities Ccir.mission took seme action against you or placed 
you on probation was there ever any statement made to you by 
the superintendent of the school board about this?

A. No, sir. No, sir.

Q. I believe you testified that you were informed by 

the superintendent, Mr. Brown was to run the school program. Di 
you mean the athletic program?

A. The athletic program.
BY THE COURT:

How did he inform you, by letter, or did he tell you 
orally?

BY THE WITNESS:

I received a letter that he had been made athletic 
director but he came to the school and told me orally 
to leave the athletic program alone.

BY THE COURT:

All right.

BY MR. BANKS: (continuing redirect examination)

Q. Where were the cumulative records of students kept 
while you were principal?

A. Before we integrated they were kept in the class 
rooms in file cabinets with locks. After we were integrated 
we moved them into —  grades five through eight were moved into 
the assistant principal's office and grades nine through twelve

t  -  ROBERT L. D A N IE LS ,  JR.
^ . I P O  O F F IC IA L  C O U R T  R E P O R T ER

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70.
were moved into the principal’s office, my office.

Q. Where in the principal’s office and the assistant 
principal’s office were they kept?

that the cumulative records were to he kept in a valut?

A. No, sir. I received a pamphlet from the State 

Department of Education stating that they should be in a safe 
place but not necessarily in a vault.

Q. Did anyone have to have access to these cumulative
records ?

A. Previous to them coming to the office each teacher 
had access to his file cabinet.

Q. Did the teachers also have access to them after they 
came to your office?

A. After they came to the office they would have to comi 
to theoffice after the records.
BY THE COURT:

To do what?

BY THE WITNESS:

To obtain the records.

BY THE COURT:

A. In file cabinets with locks.

Q. Do you know of anybody changing any grades on any
of the cumulative records?

A. No, sir.

Q. Were you ever told that there was any requirement

ROBERT L. D A N IE LS , JR.
I O F F IC IA L  C O U R T R E P O R T ER

*'■*' G U LFP O R T , M ISSISSIPP I



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Did they carry them back to their class rooms?

BY THE WITNESS:
They worked on those records in the office.

BY THE COURT:
Oh, they were not taken from the office?

BY THE WITNESS:
Not to my knowledge.

BY MR. BANKS: (continuing redirect examination of Mr. Stewart) 
Q. Was there any rule that said they could net take 

them back to their class room?
A. We announced that they would work on them in the

office.

BY THE COURT:
Then it was an established rule that they not take 
these records from your office or the assistant prin­
cipal’s office back to their class room?

BY THE WITNESS:
Yes, sir.

BY THE COURT.:
All right.

BY MR. BANKS: (continuing)
Q. You were shown a financial statement. I don't 

believe it was marked for identification. I hand you a copy. 
A. Yes, sir.
Q. Do you recognize that?

122 RO BERT L. D A N IE LS , JR.
'OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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72.
A. Yes, sir.

Q. Is that statement similar to the one you testified

A. Yes, sir.
Q. It says in there, gate receipts and concessions.

Where was that statement sent?
A. This copy of this statement was sent to the super­

intendent * s office.
Q. What was the purpose of it?
A. To give him the amount of income that we received

during the athletic session.
Q. Was it necessary —  did you know which was gate 

receipts and concession receipts?
A. Not necessarily unless some of these things he was 

going to pay for that we didn't have the money, I assume he 

wanted to know that to pay for it out of his office. He would 
need to know this in order to know what to spend out of the 

superintendent1s office.
Q. If he had asked you what amount you had made from 

concessions at the football season could you have told him?

A. Yes, sir.
Q. How would you have told him?
A. Through the amount of sales that we had. 

Q. Where did you have those records?

A. In the office, in the principal's office.

about on cross examination?

123 RO BERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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Q.

A.

Q.
enrollment

A.

Q.

In what form?
We had them on the ledger.
You were asked about whether or not you kept an 

card. Did you keep any enrollment cards?
Yes, sir.

I hand you a document and ask you if you can identi­
fy that?

A. Yes, sir, this is it.

Q. Where were those enrollment card3 kept?
A. From grades nine through twelve was kept in my 

office and for grades five through eight were kept in the 
assistant principal's office.

Q. That is a sample of the type of enrollment card 

you kept?
A. Yes, sir.

BY MR. BANKS:
I would like to introduce that and have it admitted as

plaintiff's exhibit.
BY THE COURT:

All right, let it be introduced in evidence and marked 

Exhibit P-2.
(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-2)

BY MR. BANKS: (continuing redirect examination of Mr. Stewart) 
Q. Mr. Stewart, you did have a band in the school,

did you not?

1
i p  4  ROBERT L. D A N IE LS , JR. 
_L#Ci 1  OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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A. Yes, sir.

Q. There were complaints about the quality of the band 
one year, were there not?

A. Yes, sir.

BY THE COURT:
Did they play the Star Spangled Banner?

BY THE WITNESS:

Yes, sir, they played it very well. The last year that 
this band director was there we were unable to get too 
many students in the band and they didn't play it too 
well that year, but he was very good, he played it.

BY MR. BANKS:

I don't have anything further of this witness, Your Hone 
BY THE COURT:

Recross.

7 4 .

RECROSS EXAMINATION
3Y MS. MeDADE:

Q. Mr..Stewart, as principal of this school you were 
also the program supervisor for your food program there at the 
school too, weren't you?

A. Yes, Ma'm.

Q. Now, you said a moment ago that you kept ledgers for 
the income and expenditures for each school year. I would like 
to hand you this and ask you what it is?

A. This is an administrative review.
RO BERT L. D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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75.
Q. By whom?
A. Prom the State Department of Education.
Q. Turn to the last page and read their findings at the 

bottom of the last page, please?

A. "Comments and recommendations: This school had not

kept a ledger of income and expenditures for this school year. 

Claim is completed each month from check book stubs and deposits. 

Recommended that a ledger be maintained. Order was placed for 
the following equipment: Bun Rack, Warmer, Silver Holder..."
BY THE COURT:

--- I didn't understand that last part.

BY THE WITNESS: (continuing)
A. "...Recommended that a ledger be maintained. Order

was placed for the following equipment: Bun Rack, Warmer,
Silver Holder, Silver, and plastic garbage containers for milk

«
cartons."

Q. That's enough. So, as late as February 27th, 1973 
you were not keeping the ledgers, you were not keeping the 
ledgers of income and expenditures for the school year as .you 

testified a moment ago, were you?
A. Yes, Ma'm we were keeping it. That had reference 

to the June, July and August. That is what she inspected when 
she came. June, July and August are the summer months of that 
particular year that weren't posted in the ledger.

Q. Did I understand you to read that this school had

v  1 2 G
ROBERT L. D A N IE LS , JR.

O F F IC IA L  C O U R T REPORTER
GU LFPOR T, MISSISSIPPI



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76.
not kept a ledger of income and expenditures for this school 

year?
A. That was the early part of the fall and that was

for June, July and August. It wasn’t posted up, but after that 
we posted it and at the end of every year we post those records 
in the ledger and too, that is an administrative review. She 

comes around every year for that and that is Just regular rcutin 

when she finds things that are not posted.

Q. She tells you about it.

A. Right.
Q. And she told you about that?
A. Right, every year.
Q. For that year.
A. Yes, Ma'm.
Q. Now, Mr. Stewart, you said that Billy Brown was

placed out there as athletic director at the school?

A. Yes, M a ’m.
Q. Mr. Brown, that is his specialty, he is educated in

that field, is he not?
A. I would rate him as being fair. I wouldn't give 

him an "A" rating.
Q. Well, you sort of believe that he has got a degree 

in something, don’t you?
A. Yes, M a ’m

Q. And that's his major, isn't it?

k 127 R O B E R T  L .  D A N IE L S ,  J R .  
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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BY MS.

A. Yas, Ma'm.

Q. Just like your major is in sane other field.
A. Yes, Ma'm.

Q. You don't have a major in that, do you?
A. No, Ma'm.

Me DADE:
That's all, Your Honor.

BY THE COURT:
Dees the defendant wish to introduce at this time for 
identification any exhibits which were particularly 

identified with this witness' testimony? You may 

recall him, of course, at the time you put on your case. 

BY MS. MeDADE:
If the Court would permit me I would like to introduce 
all of these documents he testified from and I could 
call them out.

BY THE COURT:
Mr. Banks, do you have any objection to these being 

marked for identification at this time?

BY M R . BANKS:
No, Your Honor.

BY THE COURT:
I might state for the record that we have agreed prior 

to this trial that there would be no objections by 
either counsel to any of the exhibits that the other

1 ~ 1 2 8
ROBERT L. D A N IE LS , JR.

O F F IC IA L  C O U R T REPORTER
GU LFP O R T, MISSISSIPPI



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78.

party nay want to introduce, by stipulation. There is 

no objection to either relevancy or admissibility of 

any of the exhibits presented by either the plaintiff 
or the defendants. All right, hand them to him one 

at a time.
Oh, yes, would you state for the record your race, 

Mr. Stewart? It has to be written down in the record. 

BY THE WITNESS:
Negro.

BY THE COURT:
And what was the race of Mr. Belle?

BY THE WITNESS:
Negro.

BY THE COURT:
All right, thank you. All right, Ms. McDade.

BY MS. MeBADE:
May I hand these to him?

BY THE COURT:
You may hand them to my law clerk and he can hand them 

to the court reporter.

BY MS. McDADE:
If the Court please, for identification purposes I 
would offer these instruments for that purpose which 

the plaintiff has testified concerning.

BY THE COURT:

X 129- ROBERT L. D A N IE LS ,  JR.
O F F IC IA L  C O U R T  REPORTER

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All right, please identify them cne at a time.

This, if the Court please, is the record of students 
that indicates there have been changes made in the grade s 

that were shown thereon.

BY THE COURT:
For what school year? Records of the students?

BY MS. MeDADE:
Yes.

BY THE COURT:
Of course, that's your allegation that changes have been 

made thereon. I'll have to make that determination.

BY MS. MeDADE:
That's right.

BY THE COURT:
For what school year?

BY MS. MeDADE:
The reporter has it. The record shews what school year. 

BY THE COURT:
All right, let it be marked Exhibit D-2 for identificatic 
(SAME RECEIVED AND MARKED EXHIBIT D-2 FOR IDENTIFICATION])

BY MS. MeDADE:

3Y MS. MeDADE:
This is the record from the State Department of Educa­
tion Division of Administration and Finance in which

it is indicated that this school has not kept a ledger
O P T  \  R O B E R T  L .  D A N IE L S ,  J R .

. O F F IC IA L  C O U R T R E P O R T ER
G U LF P O R T , M ISSISSIPP I



8 o .

of income and expenditures for this school year.

Let it be marked Exhibit D-3 for identification.
(SAME RECEIVED AND MARKED EXHIBIT D-3 FOR IDENTIFICATION 

BY MS. MeDADE:
Contract of employment executed by Mr. E. F. Stewart 
as employee for the position of elementary principal 

of West Kemper Elementary School for the school year 
19 7 3 - * 7 4  dated March 12, 1973.

BY THE COIRT:
Let it be marked for identification defendant's exhibit 
D-4.
(SAME RECEIVED AND MARKED E2HIBIY D-4 FOR IDENTIFICATION 

BY MS. MeDADE:
A like contract of employment executed by Mr. E. F. 
Stewart for the elementary principalship of West Kemper 
Elementary School for the scholastic year 1973-1974 date

s-

June 11, 1973 which gives Mr. Stewart the benefit of a 
salary raise as made possible by the Mississippi State 

Legislature.

BY THE COURT:
All right, let it be marked for identification Exhibit 

(SAME RECEIVED AND MARKED EXHIBIT D-5 FOR IDENTIFICATION 

BY MS. MeDADE:

Recommendation of Mr. E. F. Stewart, principal of West 
v 1 3 1 r o b e r T l . d a n |e l s.jr .

OFFICIAL COURT REPORTER ; s T /
GULFPORT, MISSISSIPPI I  £  Cr

BY THE COURT:

)

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1-5.

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Kemper Elementary School for the faculty and principalsh 

of this school for the scholastic year 197^-'75 in which 
he recommended himself as principal of that school.

BY THE COURT:

Let it he marked for identification, Defendant's Exhibit 
D-6.

(SAME RECEIVED AND MARXED EXHIBIT D-6 FOR IDENTIFICATION) 
BY MS. MeDADE:

Contract of employment executed by Mr. E. F. Stewart 

for the job of principal of West Kemper Elementary SchooL 

for the scholastic year 1975-’76, in accordance with 
his rec ommendat ion.

BY THE COURT:

Let it be marked for identification Defendant’s exhibit ]) 
(SAME RECEIVED AND MARKED EXHIBIT D-7 FOR IDENTIFICATION I 

BY MS Me DADE :

Notice from the office of the principal who was Mr.
E. F. Stewart setting the examinations for the students 
showing four examinations in one day.

BY THE COURT:

Let it be marked for identification Defendant's Exhibit I! 
(SAME RECEIVED AND MARKED EXHIBIT D-8 FOR IDENTIFICATION'

BY MS. MeDADE:

Certified copy of minutes of the Board of Education 

of Kemper County, Mississippi, February 1971, showing

L 1 3̂ PBERT L-DANIELS-JR-
O F F IC IA L  C O U R T  REPORTER

GU LFP O R T, MISSISSIPPI



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Mr. E. F. Stewart placed on probation by the Board of 
Education.

BY THE COURT:

Let it be marked for identification Defendant’s D-9, 

(SAME RECEIVED AND MARKED EXHIBIT D-9 FOR IDENTIFICATION 
BY MS. MeDADE:

Instrument from the State Department of Education, 
Division of Administration and Finance, stipulated that 
West Kemper High School had not kept income and expendi­
tures for the school year.

BY THE COURT:

What is D-3? What is the distinction between those?
BY MS. MeDADE:

That’s the same one. I ’m sorry, you have one already 
in there. I ’ll withdraw this.

BY THE CCURT:

All right.
BY MS. MeDADE:

Bill, letter and invoice on items purchased by members 
of the faculty under the authority of Mr. Stewart as 
principal as testified to.

BY THE COURT:

Let it be marked for identification Defendant's D-10. 
(SAME RECEIVED AND MARKED EXHIBIT D-10 IN EVIDENCE)

BY MS. MeDADE:

- 133 RO BERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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A 197^ annual of West Kemper High School. 
BY THE COURT:

BY MS.

Let it be marked for identification as Defendant's D-ll. 
(SAME RECEIVED AND MARKED EXHIBIT D-ll FOR 3DENTIFICATIC 

MeDADE:

Financial statement for football, 1972 prepared by 

Mr. E. F. Stewart in which he makes no separation of 
the gate and concession receipts and unable to determine 
which is which.

BY THE COURT:

BY MS.

All right, this is strictly for identification purposes 
and the Court will be the one to determine what it 
purports to prove or establish. Let it be marked for 

identification Defendant's Exhibit D-12.

(SAME RECEIVED AND MARKED EXHIBIT D-12 FOR IDENTIFICATIO 
MeDADE:

That’s all at this time, Your Honor.
3Y THE COURT:

All right .

BY MR. BANKS:

I have some further questions of this witness, Your Hone
BY THE COURT:

Well, let's see, we haven't gone through recross?
BY MR. BANKS:

Yes, sir.
RO BERT L. D A N IE LS , JR.

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"* GULFPORT, MISSISSIPPI /  /  7



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You want re-redirect?

BY MR. BANKS:
Your Honor, I would only ask some questions that she 

raised on recross for the first time. They had not 

"been raised at the time of redirect.

BY THE COURT:
All right, I'll allow you to go into those things that 

were raised for the first time on recross.
FURTHER DIRECT EXAMINATION

BY THE COURT:

BY MR. BANKS:
Q. Mr. Stewart, you testified that you remember an 

evaluation of an on-site inspection being made. As a result of 
that report identified as D-3, when was that evaluation made, 

to your recollection?
A. That was the early part of the year.

Q. What school year?
A. Seventy-two and seventy-three.

Q. Did they make one every year?
A. Every year we had an evaluation.
Q. Did you or did you not have a ledger in which you 

posted receipts from lunch rooms?

A. We had a ledger.
Q. What was the problem found in early 1972, early 

school year of '72-'73?
ROBERT L. D A N IE LS ,  JR.

1 'jQ f'F 'C lA L  COURT REPORTER
- I  O g u l f p o r t , MISSISSIPPI



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A. The monts of June, July and August hadn't been 
posted when the area supervisor made a visit to our school.

at that time?

A. Ever since we had a lunch room, seventy-three 
through seventy-five.
BY THE COURT:

You had a lunch room first in 1973?
BY THE WITNESS:

Pardon, sir?
BY THE COURT:

When did you first have a lunch room?
BY THE WITNESS:

In 1953 when I came there.
BY THE COURT:

All right.

BY MR. BANKS: (continuing further direct examination)

Q. Was there ever another report such as this about 
you not keeping a lunch room ledger?

A. This was never stated, previously. However, she 
brings a review every year. She brought a review this year and 
at the bottom of the comments she writes down these comments 
what she finds.

Q. Were they later posted?

A. After that they were posted.

Q. How long had you been keeping a lunch room ledger

ROBERT L . D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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That ' s all.
BY THE COURT:

Any further questions? 
BY ALL COUNSEL:

No further questions. 

EY THE COURT:

BY MR. BANKS:

Witness is excused.
(WITNESS EXCUSED PROM STAND)

Court will recess until 11:30. 

(COURT RECESSED)

Your Honor, we call the defendant L. B. Mitchell for 
cross examination as an adverse witness.

BY THE COURT:
You are calling him pursuant to Rule 6ll (c)? 

BY MR. BANKS:
Well, since he is an adverse party under Rule 611(c) 

you would be allowed to lead the witness.

MR. L. B. MITCHELL, was thereupon called as an adverse

witness by the plaintiff and having been duly sworn, testified 

on his oath as follows:

BY THE COURT:

BY MR. BANKS:

DIRECT (ADVERSE) EXAMINATION

BY MR. BANKS
ROBERT L . D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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Q. State your name, please.
A. Landon B. Mitchell.

Q. Are you superintendent of the Kemper County Schools?
A. I am.

THE COURT:
Spell your first name? 

THE WITNESS:

L-A-N-D-O-N.

THE COURT:

All right.
MR. BANKS: (continuing)

Q. What is your position?
A. Superintendent of Education.

Q. How long have you held that position?
A. Approximately three and a half years.

Q. Since January of 1972?
A. Right.

Q. Did you hold a position with the Kemper County
before that time?
A. Yes, I did.

Q. What was that position?
A. I had been —  are you talking about all the way from

the beginning?

Q. You can give us all the way from the beginning.

A. From the beginning as a high school football coach
ROBERT L. D A N IE LS , JR.

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GULFPORT, MISSISSIPPI /  /



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and then high school football coach and principal.
BY THE COURT:

What year was that?
BY THE WITNESS: (continuing)

A. Your Honor, it is hard to go back that far, but it 
was about 194l. I was there in forty-one and went in the 

service and came back in 1947. I served in '47-'48 as football 
coach and in '48-'49 football coach and high school principal 
for approximately six years, I believe. Then I was elevated to 

superintendent of Dekalb Consolidated School District at that 
time.

BY THE COURT:

That would be about 1 9 6 5 ?

BY THE WITNESS: (continuing)
A. Right, sir. I served in that capacity, I assume, 

until about 1951 or 2 when we went into the County Unit System. 
At that time I was made principal of Dekalb Attendance Center.
BY THE COURT:

In 1961?

BY THE WITNESS: (continuing)

A. Yes, sir. And from then I held that position until 
1970, I guess, when I came up to Assistant Superintendent of 
Education under Mr. E. G. Palmer, which I held, I believe, 

approximately two years and at that time I began as Superinten­
dent of Education. Those dates may not correspond exactly.

RO BERT L. D A N IE LS , JR.
V  i  i j y  o f f ic ia l  c o u r t  r e p o r t e r

GULFPORT, MISSISSIPPI
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Q. Did you run for that office? Is that elective?
A. County Superintendent of Education office? Yes, sir, 

it is elective.

Q. In 1971?
A. It was elective, yes.
Q. Who succeeded you at Dekalb Attendance Center in

1970?
A. No one succeeded me. The school was discontinued 

at that time. It was made grades one through four and Mr. James 
Grady Eldridge was the elementary principal at that time there 
and of course, he remained as elementary principal and I was 
a man sithout a country, so to speak, and I had no Job really, 

so the Board asked me in what capacity could I work in and I 

said, "You name it. I need a job." So they brought me up to 

the County Superintendent’s Office and as an assistant to Mr. 

Palmer.

BY MR. BANKS: (continuing)

Q.
at Dekalb 

A. 

Q.
A.

Q.
A.

Q.

Let’s get this straight. You were over-all principa 
Attendance Center?

I was principal of Dekalb Attendance Center.

Grades one through twelve?

One through twelve school.
Working ’with you at that school was Mr. Eldridge?

He was the elementary principal.
Then he would have been In charge of grades one thro

1 14 U
ROBERT L. D A N IE LS ,  JR.

OFFICIAL COURT REPORTER
GULFPORT, MISSISSIPPI o

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six?
A. One through eight, I believe at that time. Ke was 

brought there from Lynville school. It was Lynville Elementary 

at that time. We had a lot of changes then.

Q. Now, as Assistant Superintendent of Education what 

were your duties?
A. When I came up as assistant?

Q. Yes.
A. Well, my first duty, I guess you would say was 

nothing really specific...my first duties when I came there 

as well as I remember, I met with the Board. They instructed 

me to prepare a student handbook and a teachers manual. That 
was my first duty. From them you might say whatever duties I 
was assigned by Mr. Palmer. Those were my first two duties, to 
prepare a student handbook and a teachers handbook which I did. 
That was approximately six or seven month’s work on that and 
then just different things that they assigned to me. I had 

no real specific duties.
Q. You recommended Mr. Stewart for employment for the 

year '7 2- ’7 3 , is that correct?
A. Seventy-two, seventy-three? I recommended when I 

became principal, yes.
Q. When you became superintendent?
A. Yes, when I became superintendent, yes, I did.
Q. In the year ’73-’74 you recommended Mr. Eldridge, is

ROBERT L. D A N IE LS ,  JR.
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that right?

A. Recommended Mr. Eldridge for what?
Q. For principalship, for administrative principalship. 
A. No, I did not.

Q. What did you recommend Mr. Eldridge for in 1973-7^? 

A. Mr. Eldridge at that time, after Mr. Stewart accepte

the position of principal at West Kemper Elementary School,

Mr. Belle and Mr. Eldridge were recommended as co-principals of 

West Kemper High School.
Q. You are not saying, Mr. Mitchell, are you, that 

you did not intend to put Mr. Eldridge at the West Kemper High 

School with authority over Mr. Stewart?
A. No, sir, that was never —  there was never any 

principal of that type elected in the Kemper County School syste 
to my knowledge in my years in Kemper County.

Q. I didn't ask you that. I asked you whether or not 

it was your intention to put Mr. Eldridge at the West Kemper 
High School with authority over Mr. Stewart?

A. No, we never came to any agreement on that. It 

was discussed. There were many factors and many things discusse 

as to what we could do under the situation that existed in our 

schools at that time.
Q. Who did you discuss this with?
A. The School Board, County School Board.
Q. You discussed the possibility of moving Mr. Eldridge

ROBERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

I j  GULFPORT, MISSISSIPPI



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to West Kemper High School with authority over Mr. Stewart?
A. We did, and may I also explain why?

BY THE COURT:

Yes, you may explain.

BY THE WITNESS: (continuing)
A. At that time, go back even before I became super­

intendent of education, when we were —  when we came under the 
Court Order in our schools which did away with some schools and 

paired some and so forth, we became top-heavy. We had lost 

in enrollment and we became top-heavy in administrative personne 

At the end of Mr. Eldridge and Mr. Belle serving as principals 

of West Kemper Elementary School. We have approximately four 
hundred students there with two full time principals. That's 
top-heavy administration and a rich county couldn't keep going 
under that, much less Kemper County. So, we came up with a 
grant from the Federal Government of $70,000 to implement a 

"Career Education Program" within our system. Mr. Eldridge 
was asked if he would head up this program and this would take 
him, of course, out of the principalship and would take one 

principal's salary away from our already depleted financial 
situation in our county. He agreed to do this with the stipula­
tion that when this program terminated he would be returned to 

the Kemper County School system in a position as a principal 

so the minutes will so show that this was also brought out.
Mr. Layman Alexander was an assistant administrator of this

ROBERT L. D A N IE LS , JR.
^OFFICIAL COURT REPORTER 
U  GULFPORT, MISSISSIPPI



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program and Ms. Callie Herron was also an assistant administra­
tor of the program and they came in with the same stipulation, 
that when the program terminated they would be brought back in 
the school system. So, at the end of this two year period when 

the career program terminated and we were nc longer given the 
Federal grant for it, we had to terminate tie program, so we 
looked at what we had in relation to administrative personnel.

so he was retired as one orincipal, so we looked at various 

means of how we could use these various principals within our 

schools without letting anyone go and it was not the Board’s or 

my intention to let anyone be without a job. That was not in it. 
We discussed several angles that we might go at this thing. This 

was one of the things that we discussed about letting Mr. Eldrid 
—  we didn't agree to it and there was nothing or anything affir 
mative on it, that he might be —  this was just one of the ways 
that we looked at it, that he be made an administrative principa 
and that Mr. Stewart and Mr. Belle be left in their present 
capacities, there would be no movement in the schools whatever 

and we felt that this would be less confusion and trouble. I 
talked to the principals about this. I talked to Mr. 3elle and 
Mr. Eldridge about it and I also talked to Mr. Stewart. When 
I talked to Mr. Stewart he get very upset and he told me that 
he would not work with Mr. Eldridge in any capacity and he said, 

"I will not work in the same building with him." "I would prsfe

Mr. Herrington had decided that he would no longer work

144 RO BERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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the elementary school so I would have no connection with Mr. 

Eldridge whatsoever." I said, "Mr. Stewart, if you feel that 

strong about working with Mr. Eldridge I don't blame you and I 
will ask the Board if they —  I will recommend to them that you 
be principal of West Kemper Elementary School." And so we did 
and the Board concurred in this and this is what happened and 
then I recommended Mr. Belle and Mr. Eldridge as co-principals 

of West Kemper High School and that's the way it came about.
Q. You in fact, did tell Mr. stewart that Mr. Eldridge 

would be placed at the West Kemper High School as Administrative 

Principal.
A. I did not tell him that he would be placed there. 

There was never any position. Mr. Eldridge was never elected 

to it. There was never a position of administrative principal 

in the Kemper County Schools.
Q. You indicated to Mr. Stewart -—

A . ---I did n o t ----
BY THE COURT:

--- Just a minute. One at a time.

BY THE WITNESS: (continuing)
A. I did not tell Mr. Stewart it would be. It was 

discussed that this was one way that we could work it.
Q. Did you discuss any other way with Mr. Stewart that 

it could work?
A. Yes, we discussed several ways. We could have probai

-1 ROBERT L. D A N IE LS , JR.
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made him and Mr. Belle co-principals and left Mr. Eldridge over 
there or vice versa. We discussed many things that we might 

do. We even discussed going out and bringing in smother prin­

cipal but we didn't have the money.

Q. Did you discuss making Mr. Eldridge the assistant 

principal to Mr. Stewart?
A. That was discussed. There were many things dis-

c ussed.
Q. Did you offer to make Mr. Eldridge an assistant 

principal to Mr. Stewart?
A. That was never —  there was never any contract 

offered to anyone in any capacity in that manner.
Q. Where was Mr. Eldridge to be housed, in whatever 

capacity he was to be hired in?
A. He was not hired in this capacity whatever. In 

the discussion it was suggested that if this came about, if 

we went to administrative principal, Mr. Eldridge was not 

employed as administrative principal, but if we had an adminis­

trative principal that he be in the high school building, but 

we certainly never did ---
q. --- His secretary would be in the high school

building?
A. There would be a secretary in both buildings, that 

is right.
Q. And Mr. Stewart's secretary would be in the elements

ROBERT L. D A N IE LS , JR.
fc. 1  0 F F IC IA L  C O U R T R E P O R T ER

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building.
A. That was not ever formulated and Mr. Stewart was 

not told that that would happen. We said that if Mr. Eldridge 
came over as administrative principal he would probably want 

to bring his secretary.
Q. He would bring his secretary?

A. Yes, I know if I would go I would want to bring

mine.
Q. What happened to Mr. Eldridge?
A. Mr. Eldridge, to my knowledge, as far as I know now 

is working in the Neshoba County school system.
Q. How long did he continue to work in the Kemper 

County school system?
A. Well, that was February —  up until sometime in 

September of the following jear. I don't remember exactly.

Q. Up until---
A. --- This happened in the Spring, February or March

Mr. Eldridge worked on as assistant until that September. I 

don't remember the exact date.

Q. Did he resign?

A. Mr. Eldridge resigned.
Q. Did he go to the Neshoba County school system right

away?
A. As far as I know he did. I do not know. I didn't 

keep up with Mr. Eldridge. I had no reason to. He terminated

•v

ROBERT L. D A N IE LS , JR.
I c’l  P FFICIAL COURT REPORTER 

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his relationship with me and he terminated his relationship 

with our school system and I don't know how long he was out 
of work. I know he is in the Neshoba County school system at 

the present time.
Q. Did you ask him for his resignation?

A. I did not.
Q. What position did he resign from?
A. A 3 co-principal of West Kemper High School.
Q. How long had Mr. Eldridge been an assistant at the

time you recommended him as co-principal?
A. Mr. Eldridge had been in the system —  I wouldn't 

know the exact number, but I would say around ten years, that 

would be my guess, but I wouldn't say that would oe exact.
Q. What certification did he hold at that time? 
A. Mr. Eldridge held a double !,A" administrative

q . He held the same certificate that Mr. Stewart held? 

A. Right.
q . Had he ever been a high school principal before?

A. He had.
Q. Where?
A. At Lynville High School.

Q. Lynville High?
A. Lynville High School in Kemper County.

Q. When was he principal of Lynville High School?

certificate in education

V 148,
ROBERT L . D A N IE LS , JR.
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A. I would have to go bach to the records but I would 
say probably in '68 or '69 somewhere along there. I would have 
to go back, to the records, I couldn’t give you exactly.

Q. Was he demoted or promoted to Dekalb Attendance
Center?

A. The high school at Lynvilie High School was consoli­
dated with the Dekalb High School and Mr. Eldridge was left out 

there as principal of one through eight elementary school when 
our schools were changed by court order, the Lynvilie School 
came to Dekalb and Mr. Eldridge came with it just like the rest 

of us were shuffled around tan-pins where we could find a place 

to work and that was the reason I came to the County Superintan- 

dent's office and Mr. Eldridge wound up there and I believe Mr.

Layman Alexander went ---
BY THE COURT:

--- Wait, slow down a little, the court reporter has
to take all this down.

BY THE WITNESS: (continuing)

A. I wound up at the County Superintendent's office and 

Mr. Eldridge came to Dekalb before then and I said Mr. Layman 
Alexander was also changed. There was a tremendous change-over 
in our school system.

Q. There was an earlier consolidation that had nothing 
to do with integration, is that right?

A. The consolidation from Lynvilie? That had nothing

v

RO BERT L. D A N IE LS , JR.
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to do with integration.

Q. When integration came he was principal of grades 

one through eight school?
A. Yes, sir.
Q. And after integration he was principal at Dekalb 

Attendance center over grades one through eight?

A. Right.
Q. After integration you found he was entitled to

A. Well, when I took over as supterintendent we were 

top-heavy.
Q. That1 s when y o u ---
A. ---This took — -

BY THE COURT:
--- One at a time, please.

BY THE WITNESS: (continuing)
This that I have mentioned took place not in my adminis­

tration.
BY MR. BANKS: (continuing examination of Mr. Mitchell)

Q. The Federal funds took place before your administra­

tion?
A. Right.
Q. But it ran out after the school year 1972-’73?

A. Right. During my administration.

BY THE COURT:
ROBERT L. D A N IE LS ,  JR.

T r -'O F F IC IA L  C O U R T REPORTER „
\J G U LFP O R T, MISSISSIPPI )  S' C



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Did Mr. Eldridge hold the position of Kemper Elementary 
School at the time he moved to the co-principalship 

of Kemper High School?

BY THE WITNESS:

No, sir, he had been in the career education center 

as director of that for two years. This grant ran out 

at this particular time.
BY THE COURT:

He was not principal of -—

BY THE WITNESS:
--- He was not principal.

BY THE COURT:
Who was principal of the elementary school?

BY THE WITNESS:
Mr. Belle.

BY THE COURT:
Only Mr. Belle?

BY THE WITNESS:

Only Mr. Belle, right.

BY THE COURT:
All right. When did he become the administrator of the 
career education program? What year?

BY THE WITNESS:
I would say that was in ’70 or ’71, Your Honor, He 
served two years.

_  RO BERT L. D A N IE LS , JR.

* i_ JLo jLFFICIALCOURT REP0RTER
GULFPORT, MISSISSIPPI



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BY THE COURT:

I understand. And he moved from there to the co-princip 
ship of the Kemper County High School.

BY THE WITNESS:

Yes, sir, there was an intern period —  I want to get 

this for the record because I want to be very honest 

with you. At the end of school, of course, as far as 

the career education center, it was working with the 
students in school, and when school closed down, this 
pretty well closed this program down and of course, it 
terminated in July.

BY THE COURT:

What year?

BY THE WITNESS:
Seventy-two, seventy-three. July *73*

BY THE COURT:
The spring of ’73.

BY THE WITNESS:
Yes, sir. And Mr. Eldridge also at that time went up 

and helped out at the Title I office. Our Title I 

director resigned, I believe In March or April of that 

year and he helped out there after that, he was serving 

in two capacities, one as career center and also at the 
Title I office at the time, just to help out there.

BY THE COURT:
. — ,4 . RO BERT L. D A N IE LS , JR.
C OFFICIAL COURT REPORTER

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I understand.
BY MR. BANKS: (continuing examination of Mr. Mitchell)

Q. So in 1973 your major concern was placing Mr.

Eldridge?
A. Not necessarily. We had to bring him back into 

the school system because we let him out with that understanding 
We did have to bring him into the system along with Mr. Alexande 

and Ms. Callie Herron.
Q. Placing him at the West Kemper High School had 

nothing to do with any alleged deficiencies on the part of Mr. 

Stewart, did it?
A. Not necessarily. .1 think we felt like Mr. Stewart 

needed some help over there whether it be Mr. Eldridge or who 

it was. We felt like he needed some help. We felt like Mr. 

Herrington was leaving and he certainly needed help.
Q. But you didn't replace Mr. Herrington with an 

assistant principal, you thought about putting in a co-principal 

or administrative principal, did you not?
A. Our thought was to cut out one principal on the 

staff. That is what we did, cut out about $10,000 or one 
principal's salary. We utilized three where we had four.

Q. You could cut out one principal's salary if you 

appointed an assistant principal, couldn't you?

A. No

Q. You couldn't?
_  ROBERT L. D A N IE LS ,  JR.

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A. NO.
Q. Do assistant principals get paid the same as princip: 

A. These principals would all be paid the same salary.

Q. Does an assistant principal get paid the same as 

a principal?
A. My principals all receive the same. Mr. Eelle and 

Mr. Eldridge receive the same and Mr. Stewart receives the same 

as they do and all the way around.

BY THE COURT:
Did Mr. Herrington and Mr. Stewart receive the same?

BY THE WITNESS:
Received the same thing.

BY THE COURT:
All right.

BY MR. BANKS: (continuing examination of Mr. Mitchell)
Q. So there was no savings in money if you had appointed 

Mr. Eldridge the assistant principal? There was no more or 
no less savings in money if you had appointed him assistant 

principal?
A. We were cutting out one principal, period.

Q. But you still could have cut out one principal.

A. We did that.
Q. By appointing Mr. Eldridge assitant---

BY THE COURT:
--- Will you wait until counsel finishes asking the

V 154
ROBERT L. D A N IE LS , JR.

O F F IC IA L  C O U R T  REPORTER
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question before you answer, and vice versa.

BY THE WITNESS:
All right.

BY MR. BANKS: (continuing)
Q. You could have cut out one principal by appointing 

Mr. Eldridge an assistant principal, could you not?
A. Yes, we could have appointed someone else as princips 

and let Mr. Eldridge go or someone else, sure. That’s simple 

arithmetic.

BY MR. BANKS:
I have no further questions.

BY THE COURT:
Cross examination at this time? If you wish.

BY MS. MeDADE:
No, sir, I reserve the right to call him back on direct 

examination, if the Court please.

BY THE COURT:
All right, the witness is excused 

(WITNESS EXCUSED)
MR. GEORGE BRADLEY, was thereupon called on behalf of 

the plaintiff and having been duly sworn, testified on his oath 

as follows:

BY MR. BANKS:
Your Honor, this witness is employed by the Equal Employ 

ment Opportunity Commission and he is represented by
■: ROBERT L. D A N IE LS , JR.L 15b OFFICIAL COURT REPORTER / /  A

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counsel here for the Equal Employment Opportunity Com­

mission, Mr. Warren Cox, seated in the Courtroom.

BY THE COURT:
Very well, we are glad to have you with us.

DIRECT EXAMINATION

BY MR. BANKS:
Q. State your a name please?

A. George Bradley.
Q. Where are you employed?

A. Equal Employment Opportunity Commission.

Q. And what do you do with the Equal Employment Oppor­
tunity Commission?

A. I am supervisor of investigations.
Q. How long have you been supervisor of investigations? 
A. Approximately three years.

Q. Are you familiar with a charge of discrimination 

filed by E. F. Stewart against Kemper County School District?

A. Yes, I am.

Q. Did you participate in the investigation of that

charge ?
A. Yes, I did.
Q. As part of your investigation did you discuss the 

matter with the Superintendent of Schools in Kemper County?
A. Yes, I did.
Q. Tell the Court what your recollection is and the

£  ROBERT L. DANIELS, JR.
O F F IC IA L  C O U R T  REPORTER

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conversation that you had with the superintendent regarding 
what had been proposed as the administrative structure of the 

West Kemper High School for the year 1973-'7^?
A. Well, the proposal at that time was to name a gent­

leman whose name I don't recall, who had had a program that I 

believe was Federally funded and the Federal funds were being 

either reduced or cut out and as a result they were not going 
to have that program so the proposal was to name this gentleman 
as the administrator —  I am not sure of the exact title, but 
he was to be the administrator over both the high school and 

the elementary school that was in Dekalb County.
Q. What would have been Mr. Stewart’s position in 

relation to this over-all administrator?
A. He would have retained, as I understood the proposal 

the title of principal but he would have been under the super­
vision of this administrator.

Q. Was your investigation conducted before or after the 

fact of Mr. Stewart changing positions from the high school to 

the elementary school?
A. Before. He was still principal of the high school 

while we were undertaking the investigation.
Q. After the charge had been filed.

A. Yes.
Q. Then your investigation was conducted during the 

spring of 1973?
_  ROBERT L. DANIELS, JR.

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A. It was in 1973, yes. I am not sure of the date.

In fact, as I recall, I think we made a number of visits some 
of which may have been during the summer. It seems to me that 
school was out of session at least on one of our visits to the 

area.
Q. Did the superintendent give you any reason for 

appointing an administrator of schools over Mr. Stewart?

A. I think, yes, there were two reasons. One I recall 

they were losing Federal funds and they had a person who did not 
have a job and he also cited a number of alledged deficiencies 
in Mr. Stewart's conduct as principal and therefore it was felt 
that someone should be appointed over the school.

Q. Was there ever any discussion at that time that 

this person would have equal responsibility with Mr. Stewart?
A. No, I dent recall there ever being mentioned a 

joint principalship or something like that. The plan that we 
had discussed, this gentleman would have been the too person 
in the hierarchy and there would have been two principals serv­
ing under neath him, on in the high school and one in the ele­

mentary school.
Q. During the course of your investigation did you 

find any other evidence regarding the existence or non-existence 

of racial discrimination within the Kemper County School Distric

A. Yes, we did.

BY MS. MeDADE:
__ BO BER T L. DANIELS, JR.

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108 .

I object to this as beint irrelevant, incompetent and 

immaterial unless it pertains to his not being in this 

school. It is according to what he is talking about.
He should qualify his question.

3Y MR. BANKS:
Your Honor, when there is a showing that discrimination 
in the school system exists in one area the burden shift 

to them to show that they are not discriminating in 
another area under the ruling of the Supreme Court 

in Keys vs. Denver School District Number One.

BY THE COURT:
I will reserve ruling on it and let the witness testify 
about what he found. I will reserve ruling on the 
admissibility until I have had a chance to review that 

decision. Go ahead.
BY MR. BANKS: (continuing direct examination of Mr. Bradley)

Q. What else did you find?
A. We found —  well, we had initially undertook our 

investigation not to just the charge Mr. Stewart had filed but 

also numerous —  I don’t remember the number of charges filed 
by black school teachers in the system. We found a pattern of 
discriminatory actions involving decisions made as to which 

teachers were going to lose their jobs the following year. Ther 

had been a cutback in funds and a number of teachers were going 
to have to be dismissed. We found a pattern of —  uh —  let

ROBERT L. DANIELS, JR.
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109 .

me back up. We found that there were no clear criteria being 
used to determine in most of the schools which teachers should 
be dismissed and which ones retained. As a result, in some of 
the schools a principal would decide to dismiss teachers because 

they were being paid for under Title I funds. In other instances 
we found a case where a black teacher was dismissed because of 

the fact that the black teacher did not reside within the school 

system. On further investigation we discovered also that a 
white teacher at the same school had also resided outside the 
county. At various times we had been meeting with the superin­

tendent and we called a number of these things to his attention 

and it was decided by the school to void the whole process and 

start over again. One other area I might mention, we also

found in a number of schools ---

BY THE COURT:
— - They decided to do what?

BY THE WITNESS: (continuing)
A. They decided to void the process and start over 

again and attempt to set up certain standards to determine what 
criteria should be used to determine which teachers would have 
to be dismissed and to make sure that each principal was aware
of those standards and applied them in an across the board ---

BY THE COURT:
--- All right.

BY THE WITNESS: (continuing)

w  i e «
R O B E R T  L .  D A N IE L S ,  J R .
OFFICIAL COURT REPORTER 
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n o .

A. The other thing that we found in the school system 

was a pattern in a number of schools of segregating all white 

students into classrooms. All white students in a school into 
the same class. In other words, all white first graders in 
a particular school would be in the same classroom. In one 
school in particular each of the classes to which these students 

were assigned also had a white teacher. As a result the white 

students were being taught by —  exclusively by white teachers 
with the possible exception of music or something like that when 
they would use one teacher to teach numerous subjects. We also 

obtained an affidavit from one of the principals stating that 
he carried out this policy because it w a s the only w a y they felt 
they could keep white students in the system.

BY THE COURT:
That was in Kemper County?

BY THE WITNESS:
Yes, that's right.

BY THE COURT:
Do you remember which schools?

BY THE WITNESS:
The school where the attempt to keep white students in 

classes was at Scooba, an elementary school. I don't 

remember the name. Only one elementary school.

BY THE COURT:
All right.

ROBERT L. DANIELS, JR.
. -j P  j  O F F IC IA L  C O U R T  REPORTER

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111.
BY MR. BANKS: (continuing direct examination of Mr. Bradley)

Q. Were you able to make a determination or probable 

cause, whether or not the school system had discriminated against 

M r . Stewart ?
A. Yes, we did.
Q. What was that determination?
A. We found reasonable cause to believe that there had 

been discrimination.
BY MR. BANKS:

No further questions.

BY THE COURT:
Cross examination?

CROSS EXAMINATION

BY MS. MeDADE:
Q. Now, Mr. Bradley, what was that reasonable cause?
A. Reasonable cause?
Q. Yes, to believe that discrimination was used by 

the Kemper County School system where Mr. Stewart was concerned.

I want you to tell us what that reasonable cause was.

You said you found reasonable cause. Now,what was it?

A. Reasonable cause to believe that there had been 

a violation of Title Seven of the Civil Rights Act of 196k .

Q. Tell us about Title Seven of the Civil Rights Act.

A. Pardon?
Q. I didn’t understand your answer. Tell us again —

1 162 ROBERT L. DANIELS, JR.
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tell me, for Instance, I want to knew, you say why you found 

evidence there that led you to believe that discrimination was 
used. Now, what evidence did you find there that led you to 
believe this?

BY THE COURT:
As it specifically relates to Mr. Stewart? Is that
your question?

BY MS . Me DADE :

Q. Yes, with specific relation to Mr. Stewart.

A. I believe that is set out in the letter of deter­

mination which was sent to ---

Q. — - I am asking you, Mr. Bradley. You made the 
investigation. I am asking you to testify to that on your oath 
here. You tell me.

A. I just mentioned a number. We found a pattern of 

discrimination in the school system.
Q. Where?

A. I just mentioned a number of them. As far as the 
teachers go, the fact that a number of teachers had been dis­
missed on the basis of allegedly certain standards but we found 
out those standards were not being applied evenly across the 
board. In fact, in Mr. Stewart's own school, he had recommended 

that a white teacher be dismissed. The name was then submitted 
to two other individuals who, as I understand were to become 
principals the following year, these two principals struck the

ROBERT L. DANIELS, JR.
v- 1 G  O F F IC IA L  C O U R T  REPORTER

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name of the white teacher from the list of those to be dismissed 
and added the name of a black teacher. We then inquired as to 
why that determination had been made and were told that the 

black teacher did live within the school district.
Q. Who told you that, Mr. Bradley?

A. The principal involved.

Q- Mr. Stewart?
A. No, the man who was to become the administrative 

who I understand later became principal.
BY THE COURT:

Mr. Eldridge?

BY THE WITNESS:
I think so, yes. And I think it was a black principal 

who at the time was the elementary principal who was 

being switched.
BY MS. MeDADE: (continuing cross examination of Mr. Bradley)

Q. You stated —  go ahead.
A. On further investigation we discovered that both 

the white teacher as well did not reside within Kemper County. 
Both teachers, black and white, resided outside the county yet 

the black was struck strictly because they thought that that 
person lived outside the county and they claimed to be unaware 

that the white also did.
Q. I believe you said that all this was stricken and 

redone again because they had not applied the proper —  what
ROBERT L. DANIELS, JR.

1 r ^ l  OFFICIAL COURT REPORTER
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you say was acceptable criteria?

A. That’s correct.

Q. Is that correct?

A. Corredt.
Q. Then was it done on a basis with a criteria that 

you accepted and approved?
A. I would phrase it slightly different. I would 

say on a basis and criteria that we did not disapprove. In 

other words, I would not say that we approved the actual criteri 

that was used. We certainly did not disapprove.
Q. But it was a criteria that you had no objection to 

and you did not disapprove.
A. Well, as I recall it, it left a lot of subjective —  

it was a vary subjective test. We felt as it was carried out, 
we found no reason to believe that there had been discrimination 
in carrying this test. There was that potential. That’s why 

I say we didn't actually approve it, we just didn’t disapprove.

Q. You knew from your investigation that we had lost 

Title I funds was why some of these teachers had to go, didn't 

you?
A. Well, that's correct, we also made a finding that 

the mills had been reduced in the county, five mills.
Q. The Title I funds were not approved at that time, 

is that correct?

A. That's my understanding.
ROBERT L. D A N IE LS ,  JR.

.  OFFICIAL COURT REPORTER
^  l h O  GULFPORT, MISSISSIPPI



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Q. Now, is it also your understanding that as many of 
these people who were left without a job were rehired by the 
school system in Kemper County that wanted a job?

A. Yes.

Q. Is that not true, they were rehired by the public 

school system in Kemper County, every one that wanted it.

A. Many of them subsequently were —  did get jobs back,
yes.

Q. All those people that you claimed you came over to 

make your investigation for, did they withdraw with the exceptic 
of Mr. Stewart, their objections?

A. Most did. I recall there were a couple that did 
not. At least one did not. I am not sure if there were more.

Q. Well, that's Mr. Stewart and the band director, 
isn't that true?

A. Yes,the band director is the only one I recall.
Q. That's right. Now, I believe you say that even 

though you were investigating as regards these teachers you did 

go over to Scooba which is on the eastern side of Kemper County 

to a grammar school and you found some white students in a class 

with white teacher?
A. That is one. There were several schools where that 

happened.
Q. And so you applied that as a discriminatory act on 

the part of the Board of Education where Mr. Stewart is concerns
ROBERT L. D A N IE LS , JR.

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116

over in West Kemper High School?

A. We were perfectly aware that this was a problem

b y ---

Q. ---W e l l ----

BY THE COURT:

— - Let him answer.

BY THE WITNESS: (continuing)

A. We were perfectly aware that this was a problem by 

a submission made by the Kemper County School System to the 

Federal Court. That is how we were aware that there appeared 

to be a segregation of white students within a number of schools 

Q. Did you find any all black students with black teach*; 

in the West Kemper High School?

A. I am sure there were?

Q. There were? Well, would not that be discriminatory 

against the white race?

A. Well, if —  no, I don't think so.

Q. In other words, it doesn't apply to both races, only 

one, is that right?

BY MR. BANKS:

Objection, Your Honor.

BY THE WITNES3: (continuing)

A. I think there was a p a t t e r n ---

BY THE COURT:

--- Sustain the objection.
ROBERT L. DANIELS, JR.

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BY THE WITNESS: (continuing)

A. There was a pattern in one case and there was no 
pattern in the other case. There were very few white students 
left and when you have few white students to integrate It is 

pretty hard to integrate them In every class. I didn't say 
that there was. I just assumed there was, we found so few 
white students in that school which would lead me to "believe that 
there probably was.

Q. It was a big school, wasn't it Mr. Bradley? It 

Is a big school?

A. Yes.

Q. About hew many students do you think that school

has ?
A. It would just be a wild guess.
Q. About a thousand, Isn't it?

A. That would s e e m ---
Q. ---And this other school you had reference to over

on the eastern side of Kemper County was a smaller school was 

it not?
A- Yes.
Q. And any objections that you had that were registered 

with this Board, were they corrected, Mr. Bradley?
A. I do not know whether the white students were

integrated.
Q. You have not been back to follow up your investigati

4 ICS ROBERT L. D A N IE L S ,  JR.
OFFICIAL COURT REPORTER 

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A. Not on that particular aspect, no.
Q. Your investigation, I am sure, since you investigate 

so thoroughly, Mr. Bradley, revealed that when Mr. Stewart made 
his recommendation to the Board of Education for his faculty 

he also refused to recommend the band director who was also 
your client for this investigation, you knew that, didn’t you? 

You knew Mr. Stewart didn't recommend him to the Board, didn’t 

you?
A. Yes. We don't think of people who file charges 

as clients. They are charging parties that file charges with 
us and we are required to irvestigate every charge. Both of 

them filed charges.
Q. But you did know that one of your clients, Mr. Stewa 

had refused to recommend your other client, the band director, 

for that school year.

BY MR. BANKS:
We object. He Just testified he didn’t have clients.

BY THE COURT:
All right, rephrase your question.

BY MS. MeDADE: (continuing cross examination of Mr. Bradley)
Q. You did testify that someone who you were investigat 

ing for, Mr. Stewart, the principal of the school, had refused 
to recommend somebody else that you were investigating for, who 

was the band director?
A. There were —  I don't remember the number, sixteen

ROBERT L. DANIELS, JR.
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charges filed from all schools. I am sure Mr. Stewart was net 

the only one, yes.

Q. But I asked you this one question. You knew that 

didn’t you, the hand director?
A. Yes.
Q. And he wasn’t recommended also?
A. We were investigating the hand director’s charges

a Iso.
Q. You also know that Mr. Stewart didn’t recommend 

Ms. Callie Herron, who is also hlack, and Mr, Layman Alexander 
who is also hlack too. You knew that, didn't you?

A. I don't knew the names now, hut I knew that all the 
principals had a list of teachers they could net recommend and 

as I recall there 7/ere hlack teachers on most if not all of 
those lists, so that would not surprise me.

Q. Did your investigation also reveal that it was the 

policy of the Board to have the principals of the schools to 

make the recommendations to the Board? You knew that, didn't 
you?

A. Yes.

BY M S . MeDADE:
That1s all. 

BY MR. BANKS:
No redirect, Your Honor.

BY THE COURT:
ROBERT L. DANIELS, JR.

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What specifically did you find as far as the probable 
cause charge concerning Mr. Stewart and his failure to 
be rehired or alleged demotion to the West Kemper 
Elementary School? It may be in your report. I have 
not read that yet. Can you tell me what you specifica 
found concerning this matter with Mr. Stewart?

We found a pattern of discrimination in that it appeared 
to permeate the school system. One of the few exception 
was Mr. Stewart’s school. He was one of the few prin­
cipals that had applied —  that had criteria which he 
was able to show us on how he decided which teacher he 
would have to dismiss and those criteria to be objective 
and as counsel for the school indicates, resulted in 
some black, teachers losing their jobs, but unlike the 
others, seme of the other school systems —  I mean, 
other schools where the criteria used had the opposite 
effect.

Well, there was just one other school, is that correct? 
The elementary school?

BY THE WITNESS:
No.

BY THE COURT:
There are other schools in Kemper County?

BY THE WITNESS

BY THE COURT

V 1**3BERT L. D A N IE LS ,  JR.
TCIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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BY THE WITNESS:
There are two in Dekalb, one in Scooba and two —  one 
or two, I am not sure whether they consider them as one 
school because I believe they have two principals, and 

I am not sure of the name of the little town, but there 

are three or four schools.

Did you make any specific findings as to Mr. Stewart 
being transferred or taking the position at West Kemper 
Elementary School? I understand your findings concern­

ing the pattern, but what specific findings, if any, 

did you make concerning Mr. Stewart’s decision to take 
the job and why he decided to take the elementary school 

principalship? What findings did you make in that 

regard?

We made a finding regarding their moving the gentleman 
over to Mr. Stewart's school, not his subsequent moving 

to the elementary school. That was not —  in the major 

part of our investigation, that was not a factor that 

had yet occurred. While we were doing most of the 
investigation there were a number of proposals in 
effect, floating around. As I understand it, the 
moving to the elementary school was the last decision 
that was made before the school adjourned and perhaps

BY THE COURT

BY THE WITNESS

ROBERT L. D A N IE LS ,  JR.
|  " 9 f ^ lC IA L  C O U R T  R E P O R T ER  

-1- / iC SU LFP O R T , M ISSISSIPP IL



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even during the summer, I am not sure. We did not get 
into that issue specifically. We were dealing with their 
failure to —  uh —  it is a little difficult to describe , 

but in effect, they were leaving him as principal of 
the high school, so in name he still would have been 
principal but what he was calling a demotion and what 

we, in effect found to be a demotion, in other words, 

we were dealing with a proposal in which he would in 

effect remain as principal of the high school, but have 

someone else over him. That was the context in which 
we did our investigation, not the subsequent switching 
of Mr. Stewart to the elementary school.

You specifically found that having Mr. Eldridge over 
him as administrative principalship would be discrimina­

tory?

Yes. We found that would be a continuation of the 
pattern there had been. For example, his assistant 
principal who was white was retiring and had given us 

an affidavit in which he stated that he was told by the 

former superintendent, not the defendant over here, but 

his predecessor, that he was selected for this job be­

cause he was —  quote —  the only white that could work, 

with Mr. Stewart. And he was, at least what he express®

BY THE COURT

BY THE WITNESS

ROBERT L. D A N IE LS , JR.
D f f^ p lA L  C O U R T R E P O R T ER  

G U L F P O R T , M ISSISSIPP I



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to us, the belief that because he was a white teacher 
that was why he was being made Mr. Stewart’s assistant 

and as a matter of fact he first refused the position 
and then finally there was some language written into
his contract which he felt gave him mors protection ---

BY THE COURT:
--- That's fine. He can testify to that himself. He
is called as a witness. You mentioned something about 
there were other proposals floating around at the time. 

Could you elaborate a little on that statement?

1 2 3 .

BY THE WITNES3:
Well, there was ---

BY THE COURT:
--- I understood you to testify earlier that the only
proposal you were aware of was placing the administrativ 
principals over both of the schools, the high school and 
the elementary school and in answer to my question, you 
noted there were otter proposals "floating around"?

BY THE WITNESS:
Well, the elementary one, and as I recall Mr. Stewart 
had suggested to us other possibilities but I did not 
know for a fact that those were things he had discussed
with the superintendent and I don't recall discussing 

with the superintendent any other than those two, so I

don't know there were any.
ROBERT L. DANIELS, JR.

I  ’* * q f F | c IA L  C° U R T  REPORTER
.J, /  ' -^GULFPORT, MISSISSIPPI



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124.

Which two?
BY THE WITNESS:

The naming someone as the overseer and then switching 

to the elementary school.

BY THE COURT:
That 's all part of the same thing?

BY THE WITNESS:
That came towards the end of our investigation.

BY THE COURT:
Did you make known your objections concerning the plac­

ing of the administrative principal over both princi­
pals to the Board of Education and to the Superintendent' 

BY THE WITNESS:
I am not aware that we did before we issued the letter 

of determination.
BY THE COURT:

As I understood, you voided what had happened before as 
far as the teachers and started over again, is that righ‘ 

BY THE WITNESS:
True —  well, I wouldn't say "we voided". We were 
meeting a number of times with the superintendent who 

was very interested in what our findings were. We had 
told him seme of the preliminary indications of what 
we had found and based on that the School Board made

3Y THE COURT:

,  ^ROBERT L. DANIELS, JR.
-U  J  ’J ; ^ F F I C I A L  C O U R T  REPORTER ^  :

GU LFPOR T, MISSISSIPPI



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the decision. We, of course, didn't —  

3Y THE COURT:
--- In the process of arbitration as envisioned by the

act, to a certain extent?

3Y THE WITNESS:
Yes, except ---

3Y THE COURT:
--- Informally.

BY THE WITNESS:
Yes, kind of an informal process which, as a matter of 

fact, we now have written into our regulations to try 
to settle some charges at a very early stage. At that 
time they were not a part of our regulations but certain­

ly with the same type of conciliation except, as I 
indicated, we did not feel that we really could say 

yes or no to this new evaluation form that they were 

using, and as a matter of fact, we did not express any 

reservations about it to them, although we did have some 
and as I indicated we weren't able to find any reason tc 
think that it was used in a discriminatory manner but 
since it was a very subjective type form, certainly it 

had the potential of being used that way. That's why 

we did not give them any approval of the form, so we 
just, in effect, said nothing and they went ahead and 

used it.

b 17JS7 ROBERT L. D A N IE LS ,  JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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126 .

Are there any questions by counsel in regards to what 

I have stated?

BY M S . MeDADE:

Yes,Your Honor.
BY MS. MeDADE: (continuing cross examination of Mr. Bradley)

Q. Mr. Bradley, you don't intend to tell this Court 
that the Kemper County Board of Education ever, in the history 
of the Kemper County Board of Education appointed an administra­

tive head over the schools in Kemper County, do you?
A. I am not aware that they ever have.
Q. You said, if they had done that, it would have 

resulted in placing somebody over Mr. Stewart, right?

A. Right.
Q. But if they did not do i t ---
A. — - B u t ---

BY THE COURT:
Just one moment, one at a time.

BY MR. 3ANKS:
Your Honor, the witness has a right to explain his 

answer.

BY THE COURT:
Yes, you may answer the question and then explain.

BY MS. MeDADE: (continuing cross examination)

Q. Go ahead and explain.

3Y THE COURT:

. .  ROBERT L. DANIELS, JR.
*■ 1 7 /  O F F IC IA L  C O U R T  REPORTER ^

GU LFPOR T, MISSISSIPPI



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A. As I understand, that proposal was never actually- 

carried out. I am not aware of there ever having been any 
others, so the answer to your question is, I am not aware of 

there ever having been such a person over a school or set of 
schools. There could well have been. I am just not aware of 

it.
Q. As to the criteria, going back to the criteria, I 

understood you to testify that Mr. Stewart’s criteria was accep­

table to you in making his recommendation?
A. It appeared to be an objective criteria which one 

could easily measure. In other words, he set out three factors 

which would determine which teacher lost their job. Each one 

of those could easily determine whether in fact it was being 

applied to the way it read.
Q. Then in accordance with his criteria that was 

acceptable to you, it did not recommend Ms. Callie Herron and 

Mr. Layman Alexander?
A. Again, the names do not mean anything to me, but 

I am sure that is probably correct.
Q. Now, after you required a criteria that at least 

you did not object to, and that criteria was met and all of 
this was done all over again and all principals submitted accord 

ing to the new criteria the names of the faculty, Ms. Callie 
Herron under that critera and Layman Alexander under that cri­
teria were brought back into the public school system, were they

ROBERT L. DANIELS, JR.
J ' t ' & F I C I A L  C O U R T  REPORTER ~) -

* °  GU LFP O R T, MISSISSIPPI



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not?
A. I have no way of knowing that.

BY MS. MeDADE:
That's all.

BY MR. BANKS:
Nothing further, Your Honor.

BY THE COURT:

All right, witness is excused.

(WITNESS EXCUSED)

BY THE COURT:
Court is going to recess at this time for lunch until 
1:30 P.M.

(COURT RECESSED UNTIL 1:30 P.M. OCTOBER 28, 1975)

BY THE COURT:
All right, Mr. Banks, who is your next witness?

BY M R . BANKS:
We call Mr. Jimmy Boyd, Your Honor.
MR. JIMMY BOYD, JR., was thereupon called as a witness 

on behalf of the plaintiff, and having been duly sworn, testif 
on his oath as follows:

DIRECT EXAMINATION

BY MR. BANKS:
Q. State your full name, please?

A. Jimmy Boyd, Jr.
Q. Where do you live?

=L ROBERT L. D A N IE LS ,  JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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1 2 9 .

A. Dekalb, Mississippi.

Q. Do you have any connection with the West Kemper publl
schools ?

A. Well, I am a citizen there and I graduated from
there.

Q. Do you know Mr. E. F. Stewart?
A. I do.

Q. Do you recall the spring of 1973?
A. I do.

Q. Do you recall meeting with the superintendent, 
Mr. L. B. Mitchell?

A. Ye3 , I do.

Q. Do you recall meeting with him in the spring of

1973?
A. Yes, I do.

Q. Do you recall discussing Mr. Stewart and Mr. Eldridg 
with Mr. Mitchell?

A. Yes.

Q. Tell the Court what, if anything, Mr. Mitchell told 
you about the position that Mr. Eldridge was to hold and the 
position Mr. Stewart was to hold for the following year?

A. Well, he said that Mr. Eldridge would be over Mr. 
Stewart and Mr. Belle.

Q. Sir?
A. He said that Mr. EL dridge would be over Mr. Stewart

vW
.  , , ,  ROBERT L. D A N IE LS , JR.

i o U  OFFICIAL COURT REPORTER
GU LFPOR T, MISSISSIPPI



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1 3 0 .

and Mr. Belle
Q. When did he tell you that?
A. I believe that was in March

BY THE COURT:

What year?

BY THE WITNESS:
Seventy-three.

BY THE COURT:
Seventy-three ?

BY THE WITNESS:
Right.

BY MR. BANKS: (continuing direct examination of Mr, Boyd)

Q. What was the occasion of his telling you that?

A. I don’t Know, the only reason he gave us was the

fact that he was thinking in terms of quality education.
Q. Did he tell you at a meeting or on the street or

where?
A. When we met with him in the courthouse in his office 
Q. What was the meeting about?
A. The demotion of Mr. Stewart.

Q. How many people were in that meeting?
A. Well, we had something about like maybe eight or

twelve people there.
Q. When did yougraduate? Did you graduate from Whisen- 

ton High School?

t ROBERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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131.

Q. When did you graduate from Whisenton High?
A. In 1966. The year 1966.

Q. You don’t have any children in school new, do you? 
A. No, I don't.

BY MB. BANKS:

No further questions .
BY THE COURT:

Cross examination.

CROSS EXAMINATION

A. Yes, I did.

3Y MS. MeDADE:

Q. Where were you when Mr. Mitchell told you this?
A. We was In his office.

Q- On what occasion?
A. On the demotion of Mr. Stewart.

Q. What sort of motion of Mr. Stewart?

A. Well, we had a petition with fifteen hundred people 
that Mr. Stewart was demoted from the high school over to the 
elementary school.

Q. What was your petition for?

A. Well, we had fifteen hundred people sign a petition 
against it. We went there and had the petition to present to

Q- Did youall Know that Mr. Stewart had signed a contrac 
and accepted that Job over there as elementary principal?

ROBERT L. DANIELS, JR.
-L  i Q p  O F F IC IA L  C O U R T  REPORTER

GU LFP O R T, MISSISSIPPI
C P I d P  ,



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132.

A. No, we didn't.

Q. You didn't know that when you signed the petition? 
A. No.

Q. You didn't know that subsequent to that time he 
had recommended himself to the Board and was hired to that 
position again as elementary principal?

A. No.

Q. You didn’t know that?
A. No.

Q. Would that have made any difference to you had you 
known that?

A. It might have would if he had agreed to it.

Q- Well, if he had told you he had signed a contract 
he would have agreed to it, wouldn't he?

A. If he had told me personally, yes.

Q. If he had told you that he had signed a contract 
for the job as elementary principal at West Kemper Elementary 
School then you would not have signed the petition, would you?

A. Not necessarily. It wouldn't have did not good if 
he agreed to it.

BY MS. Me DADE:

That's all I need to ask. Thank you.

BY MR. BANKS:

No further questions.
BY THE COURT: You are excused. (WITNESS EXCUSED)

t
ROBERT L. DANIELS, JR.J O  ^OFFICIAL C O U R T  REPORTER

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1 3 3 .

BY MR. BANKS:

Your Honor, I want to introduce the copy of the order 
of the Fifth Circuit Court of Appeals dated September 
10, 1970 approving the finding made by this Court on 
September 4, 1970 and I reserve the right to introduce 
reports to the Court submitted by defendants in this 
cause, who are also defendants in United States cf Amer­

ica v. Kemper County. With the introduction of those 
documents, plaintiff rests.

BY THE COURT:

Is that agreeable, Ms. McBade?
BY MS. Me DADE:

Absolutely agreeable with me. I hope he will introduce 
those into evidence. If he doesn't I would like to 
introduce those records, those reports as filed by the 

Board of Education twice annually with the United States 
Fifth Circuit Court of Appeals. I would like for that 
to be a part of the record of this case.

BY THE COURT:

All right, Mr. Banks, I'll hold the record open for you. 
I understand you do not have them with you at this time 
but you are going to procure them and present them at 

a later time. We will reserve the last exhibit number 

for those reports. First, let's have this Order of 

the United States Fifth Circuit Court of Appeals, findin,
ROBERT L. DA NIELS, JR.

* p F F IC IA L  C O U R T  REPORTERJL O  <_* GU LFP O R T, MISSISSIPPI 2 ?



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1 3 4

of fact and recommendations of this Court dated Septembe 
1 0 , 1970, admitted and marked Exhibit P-3*
(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBIT P-3)

BY THE COURT:
All right, you may proceed.

BY MR . BANKS:
We rest, Your Honor.

BY THE COURT:
All right, the plaintiff rests his case. What says the 
defendants?

BY MS. MeDADE:

Thank you, I would like to introduce into evidence all 

of the exhibits that we have enumerated over there for 

the defendants and have them numbered as they are num­
bered there.

BY THE COURT:
All ri^it, Exhibits one through twelve —  let defendants' 
exhibits one through twelve heretofore marked for 

identification purposes only, be introduced into evidenca 
and marked Exhibits 1 through 12 accordingly,

(SAME RECEIVED INTO EVIDENCE AND MARKED EXHIBITS D-l 
through D-12 RESPECTIVELY)

BY M S . MeDADE:
Defendants now would call Mr. Mitchell. I have one of
the other defendants in the room and would the Court

ROBERT L. DANIELS, JR.
1 P jO F F IC IA L  C O U R T  R E P O R T ER

°  G U LF P O R T , M ISSISSIPP I



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like for him to leave the room while Mr. Mitchell testi­

fies? I have two defendants in the courtroom.

BY THE COURT:
Yes, he needs to leave the room while the other defendan 

is testifying, that is correct.
MR. L. B. MITCHELL, was thereupon recalled as a witness 

on behalf of the defendants, and having been duly sworn, testi­

fied on his oath as follows:
DIRECT EXAMINATION

BY MS. MeDADE:
Q. State your name to the Court, please?

A. Land on B. Mitchell.
Q. Mr. Mitchell, what official position, if any, do 

you hold with Kemper County?
A. County Superintendent of Education.

Q. And as Kemper County Superintendent of Education 

what position do you hold with the Board of Education?

A. Executive Secretary.

Q. Of that Board?
A. Yes, Ma'm.

BY THE COURT:
Are you the same Mr. Mitchell that testified previously 

this morning?

BY THE WITNESS:
Yes, sir, I am.

ROBERT L. DANIELS, JR.
U  1 c  O F F IC IA L  C O U R T R E P O R T ER

-1  O  O  G U L F P O R T , M ISSISSIPP I



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BY THE COURT:
136.

All right, you may proceed. That’s for the record, 
so it can be written down, you understand.

BY MS. McDADE: (continuing direct examination)

Q. Now, Mr. Mitchell, what if you know, is the procedur 

for selecting -- the Board of Education selecting the members 

of the faculty throughout the county school system in Kemper 

County?
A. The principals give —  the procedure that we 

normally use and we have been using it in the county since I 
have been there, at the end of the school year when we determine 

the number of teachers that we will be allocated from the minimu 
education program, this is determined by the number of students 

we have in average daily attendance. For every twenty-seven 
students right now we have an average daily attendance, we get 
a teacher —  of course, the law was passed last year lowering
it for the first time ---
BY THE COURT:

-—  Slow down. The court reporter has to take all this

down.
BY MS. McDADE: (continuing direct examination)

Q. Mr. Mitchell, the court reporter over here is 
writing this down. Speak slowly so he can get it.

A. I ’m sorry. As you know, last year the legislature 
passed a law that the first two grades would be lowered to twent

ROBERT L. D A N IE LS ,  JR.
^ 1 O  , ' D F F IC |A L C ° U R T  R Ep ° R T E R

l G U LF P O R T , M ISSISSIPP I
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1 3 7 .

four average daily attendance, but this is determined by our 
past years A.D.A. listing the number of teachers that we are to 

employ for the ensuing year.

Q. All right.
A. Then we go by schools, the number that each school 

is entitled to by their particular A.D.A. and we tell this 

principal that "you have ’x' number of teachers that you will 

employ under tbs minimum education program." This is ---
q . —  Now, do they, themselves, compile the list of 

the members of the faculty for the particular school that they 

head as principal?
A. Yes, M a ’m. They turn in a list to us of the teacher 

we say, "you can employ ’x ’ number of teachers" and they compile 

this list tna bring it to my office. Then either I reject this 
list or anyone on this list and then I recommend to the Board 
of Education and they in turn either reject or approve this 
list. If I reject it, it goes back to the principal for him to 

rename someone else.
Q. Rename someone else.
A. Yes, it always goes back to them, right.
Q. Now, Mr. Mitchell, Kemper County —  state whether 

or not Kemper County has lost in enrollment and also in revenues 

during the 1972-'73 and ’73 school years?
A. Yes, M a ’m, we had lost in A.D.A. and we had also 

lost in revenues from the local level and we had also lost from
ROBERT L. D A N IE LS ,  JR.

v g JF g lC IA L  C O U R T R E P O R T ER  
G U L F P O R T , M ISSISSIPP I



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Federal funds which I enumerated this morning related to the 

Career Education Program, which we were given a grant from the 
Federal Government to operate. We had also been operating under 

Title I funds at this particular time that we are talking about 

now. Title I also had not been approved. It was in limbo, so 
to speak, nobody knew exactly what was going to happen.

what ultimately did that result in when it came to the selection 

of teachers for that scholastic year?
A. Some teachers had to be left out. We had to reduce 

the number of teachers that we had employed.
Q. So, as a consequence of that, Mr. Mitchell, was 

there any controversy over those that were left out?
A. Yes, M a ’m, this was where the E.E.O.C. came in 

for many of the teachers that were left out at that time and 
—  may I add to this, Your Honor —  we had told these teachers 

who had not received contracts that if funds, Title I funds 
became available, if Congress appropriated funds, then we assure: 
them that they would be given their jobs. In other words, they 

were not fired, we just didn’t have funds.
Q. Now, Mr. Mitchell, of those people that were omitted

were any of them rehired when the Title I funds did come through'
A. Yes, Ma'm, they were all offered their jobs back.

Some had secured jobs ether places, and of course, some didn't

want to come back, but every one of them were sent a letter

Q. So since the Title I funds had not been approved,

ROBERT L. D A N IE LS ,  JR.
Q  (9FFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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telling them that the job was available and it was theirs if 

they wanted it.
Q. And every one that wanted it, did they come back 

and assume the position that they had?

A. They did. They came back in the system,
Q. Now, of those people who were left out and who 

some of them filed, as you said, objections with the E.E.O.C. 
how many of those withdrew their objections? If you know?

A. They all, every one withdrew their objections with 
the exception of Mr. Mays and the E.E.O.C. ruled —  I don’t 
know how they do that, but anyhow, they didn't pursue it, they 

felt that Mr. Mays was not performing as he should have been.
Q. And all the others withdrew?

A. All of them withdrew with the exception of he and 

Mr. Stewart.

Q. Now, Mr. Mitchell, I want you to state to this 
Court what took place with reference to the plaintiff, Mr. Stewa 
assuming the position of principal of Kemper County Elementary 
School in Kemper County?

A. You want me to go back through?
Q. I want you to tell us how that came about.

A. How it came about?

Q. Yes.
A. All right, as I have previously stated, we had this 

grant and we were top heavy with administrative officials in
t t O H  ROBERT L - DANIELS, JR.

*  O F F IC IA L  C O U R T  REPORTER
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Dur county, we had two elementary principals at West Kemper 

Elementary, Mr. Belle and Mr. Eldridge and they were drawing 

full principal salaries, they were there as two full time prin­

cipals, non-teaching principals in an elementary school with 

four hundred students —  a little better than four hundred, 
naybe four hundred and nineteen or twenty or something like that 
tie had two pincipals over West Kemper High School, Mr. Herringto:: 

ind Mr. Stewart, and then we got this grant from the Career 
Education Center to cut down on the cost of the operation of the 

administration of our schools, which was really hurting us at 
this time, as I mentioned before, on a limited budget. Mr. 
Eldredige was asked if he would take over the directorship of 
the Career Education Center for two years, that was as long as 
we had the grant. He agreed to do this. We also got the 
services of Mr. Layman Alexander as assistant director of the 
high school grades and Ms. Callie Herron as assistant for the 

elementary grades, I believe.
Q. Was there any stipulation in their agreement?
A. Yes, Ma'm, I was coming to that. The stipulation 

for them was that these people, they agreed to take this and 
head up this program provided that when this two year term was 
up and this program was terminated and if it was not continued, 

that they be brought back into the school system.
Q. Were they at that time also members of the faculty

also?

i 9 i OBERT L. DANIELS, JR.
F F IC IA L  C O U R T  REPORTER

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A. Yes, Ma'm, they were. They were.

Q. Now, when that program was phased out, then of cours
if I understood you correctly, they were to come back, into the 
public school system?

A. Yes, Ma'm. That's correct.

Q. Now, you said that Mr. Herrington and Mr, Stewart

were the principals over at West Kemper High School. What 

happened to Mr. Herrington?

A. Mr. Herrinton decided to retire early.

Q. I believe Mr. Herrington is a white man, isn't he? 
A. Ye§, Ma'm, that's true. That's true.

Q. Now, who took his place over there, Mr. Mitchell? 
A. Well, Mr. Eldridge, when the final decision was

finally made, Mr. Eldridge went over and took Mr. Herrington's 
place and Mr. Belle ---

Q- — - Is Mr. Eelle a black man?
A. He is, yes, Ma'm.
Q. And whose place did Mr. Belle take?
A. He took Mr. Stewart's place.

Q. Now, Mr. Mitchell, tell this Court what Mr. Stewart';
wishes were as denoted to you by him as to where he would be 

placed in the public school system in Kemper County?

A. Mr. Stewart stated to me on the morning that I 
discussed with him in my office that he would not —  he emphat­
ically said that he would not work with Mr. Eldridge and he

] Q 9 fa. <̂3^ R O B E R T  L .  D A N IE L S ,  J R .
MOFFICIAL COURT REPORTER 

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stated, "i will not work in the same building with Mr. Eldridge 
and before I do this I would prefer to work as principal of the 
elementary school where I can be by myself.”

Q. Did he tell you, Mr. Mitchell, that that was his 
preference that he have the principalship of West Kemper 
Elementary School?

A. He sure did. He so stated to me.

Q. Rather than work in the same building where Mr. 
Eldridge was?

A. Yes.

Q. Did you or the Kemper County Board of Education 

request him to make such a change?
A. No, M a ’m.
Q. Did you demand him to make such a change in order 

for him to have a job?
A. No, Ma’m.
Q. Could he have had his job and retained his job as 

principal of West Kemper High School in the same position he 

held had he wanted to?
A. He could have. He would still have been principal 

of the high school.
Q. Now, Mr. Mitchell, what did you tell him with refere^i 

to the Board when he told you that?
A. I told Mr. Stewart at that time, I said, "Mr. Steward 

I am executive secretary for the Board of Education and I cannot
• ROBERT L. DANIELS, JR.

J -  C O U R T  REPORTER
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tell you that you will get the job as elementary principal 
as you have asked me, but the Board has stated..." and I told 
him, that I didn’t want any of the principals left out, that,

I wanted all of you to have work and that I would recommend to 
the Board, you as elementary principal."

Q. And was conditioned, if he wanted it?
A. What he had asked for.
Q. Asked for it.
A. Yes, M a ’m.
Q. Did you therefore take it up with the Board of

.tion?
A. I did.

Q. What did the Board of Education do when you related 
information to them?

A. The Board of Education approved my recommendation. 
Q. And did subsequent there to, did you advise Mr. 

rt of the finding of the Board?
A. I told him and he was issued a contract, yes, M a ’m.

Q. Mr. Mitchell, did he execute that contract?
A. Ye did.

Q. Did he execute it when you handed it to him?
A. No, M a ’m, he said he wanted to take it home and

study it.

Q. How long did he keep it, Mr. Mitchell?
A. It was approximately, I couldn't give the exact numbs

1 Q  .R O B E R T  L. D A N IE LS , JR.
vJ (iOFFICIAL COURT REPORTER ' * ) / / (  

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of days because at that time I didn’t write it down, but I 

would say about four or five days, possibly.
Q. And he did bring it back executed?
A. He did.
Q. Now, Mr. Mitchell, tell this Court whether or not 

any discrimination or any discriminatory act whatsoever was 
ever used in connection with Mr. Stesart taking that job or 

that position as principal of the West Kemper Elementary School 
instead of the West Kemper High School?

A. There was none.
Q. Was there ever any thought in anybody’s mind in 

power or authority, this Board or you, of discrimination against 
that man?

A. No, M a ’m.

Q. Was there ever any thought of doing any act to 

demote him in any way?
A. This was not the thought of the Board whatsoever.

Q. Mr. Mitchell, if I understand you correctly, you 
are telling this Court that he requested it and the Board honore 
it?

A. He so asked for it and I assured him that I would 
recommend to the Board, he was in my office that morning and I 

told him and I kept my promise to him that I would recommend to 
the Board to approve him and I also —  may I add this for the 
record?

ROBERT L. DANIELS, JR.
-V 1  O  r O F F IC IA L  C O U R T  R E P O R T ER

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Q. Yes.
A. That at the same time I, after Mr. Stewart requested 

that he he given the elementary principalship I talked to Mr. 

Belle and Mr. Eldridge and asked them if they would in turn 

he willing to work as principals of West Kemper High School and 
they agreed and at the same time I so recommended that to the 

Board too.
Q. Mr. Belle at that time was principal of the elemen­

tary school and he would have to come over -—
A. -—  He would change.

Q. --- if Mr. Stewart got what he wanted.

A. Right.
Q. And you say you then talked to Mr. Belle and he 

agreed to do it?
A. Mr. Belle and Mr. Eldridge, right.
Q. And that's exactly what took place?

A. That's exactly what took place.
Q. Now, state to this Court, Mr. Mitchell, whether or 

not in the history of the Kemper County public school system, 

there has ever been created a new administrative position of 
someone over the schools in Kemper County?

A. No, Ma'm, not in my administration as superintendent 

of education nor as my assistance.
Q. How many years have you been engaged in work in the 

public school system of Kemper County?
X t  q  RO BERT L. D A N IE LS , JR. 

-L <J (^OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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A. Approximately thirty years.
Q. During that entire thirty year period, up until 

this very day has there ever been any such post?

A. No, Ma'm, not to my knowledge.

Q. Did you ever advise Mr. Stewart that one would be 

created and placed over him?
A. No, Ma'm, we never told him that would ever happen.
Q. Mr. Mitchell, Jimmy Boyd, Jr. testified a minute 

ago that he was in your office with some eight or twelve people 

and that they brought with them a petition signed by some 
fifteen hundred people in Kemper County asking that Mr. Stewart 

be sent back over as principal of the West Kemper High School. 

Did that take place, Mr. Mitchell?
A. No petition was ever present to the Board of Educa­

tion or to me during my presence. I was in, I believe, on all 
meetings in the office. I was there in person at all bearings. 
Now, somebody said they had a petition but it was never — -

q . —  Was it ever presented to you?

A. It was never laid on my desk or presented to me.

Q. Was it ever presented to the Board?
A. In my presence, no, Ma'm, and I was in my office 

at all of the Board meetings.
Q. You are executive secretary.
A. Yes, Ma'm, and I was there and there was never

a petition presented to me or to the Board.
I 7 Q ivROBERT L-DANIELS’JR-

/  OFFICIAL COURT REPORTER 
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Q. Now, did you tell him on that day that there was 
going to be somebody over Mr. Stewart?

A. No, Ma'm.

Q. Did you make a statement to him that there would 
also be one over Mr. Stewart and Mr. Belle?

A. No, M a ’m.

Q. Did you make a statement to him that that was going 
to take place in order to further quality education?

A. No, Ma'm.

Q. You tell this Court you made no such statement as 
that to Mr. Boyd?

A. I do.

Q. Did anybody else in your presence make any such 
statement to Mr. Boyd or anyone else in that room?

A. No.

Q- Now, Mr. Mitchell, in all these years you have been 
in the public school system in Kemper County, you were perfectly 
familiar were you not, with Whisenton High School which is now 
West Kemper High School?

A. Yes, Ma'm.

Q- You knew it had been Whisenton High School?
A. Yes, Ma'm.

Q. How long had you known Mr. Stewart?

A. I believe Mr. Stewart stated he had been in Kemper
County twenty years.

J Q Q  ROBERT L. DANIELS, JR.
O F F IC IA L  C O U R T  REPORTER

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Q. And you have known him for that twenty years.
A. I have known him for twenty years. I have known

him since he came. I was in the county when Mr. Stewart came 

there so I have known him for that many years.

as closely connected as you have, has it come to your attention 

or not any dissatisfaction that Mr. Belle might have with the 
West Kemper High School and its operation?

A. Mr. Belle?
Q. No, Mr. Stewart might have with the operation of 

that school out there?
A. Yes. I was assistant superintendent of education 

when Mr. Stewart was brought before the Board and was placed 

on probation. Yes, Ma'm.
Q. Now, what was he placed on probation for, Mr. Mitche 
A. To the best of my knowledge, I was assistant super­

intendent of education at that time and I was sitting in on the 

meeting and as well as I recall, and I believe this is right,
I can't quote it verbatim, but I think I can give it as well as 

I remember that much about it, it had to do with discipline of 
some children. As well as I recall Mr. Palmer was there before 
the Board and Mr. Stewart was there and Mr. Stewart had placed 
some children in a small office, dark office, for punishment 
and made them sit on cans or buckets or something. Now, this 

was brought up at the meeting, I remember that this was it, the

Q. Now, since you have been dealing with the school

ROBERT L. DANIELS, JR.
J  Q •QFF\C\AL COURT R E P 0 R T E R

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way he had disciplined seme children and as well as I recall 
this was what was brought out. Now, whether this actually 
happened, I couldn't say.

Q. Now, was there anything else that was brought to 
the attention of the Board with reference to the athletic phase 
of the school system out there? The football?

A. At this particular time?
Q. During his administration.
A. Oh, yes, as it was brought here this morning, the 

ineligibility of players certified by Mr. Stewart.
Q. Now, Mr. Mitchell, whose direct responsibility is 

it to make a determination as to the age of the students attend­
ing school?

A. It is the principal's responsibility. The Mississip 
High School Athletic Association holds the principal responsible 
for this. He is the man that heads the school and he is the 
person that signs his name that this has been checked and that 
these are certified and so forth, so the principal is held 
responsible by the Mississippi High School Athletic Association.

Q. Mr. Mitchell, is it mandatory that a child entering 
a school must have his proof of his age?

A. The record is supposed to be presented.
Q. His certificate of birth?
A. Certificate of birth and the number and so forth

is put on the record and it is also initialed by the teacher.

c y i S t y

ROBERT L. DANIELS, JR.
O H c fR F IC IA L  C O U R T  REPORTER

' ’"'GULFPORT, MISSISSIPPI



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Q. Now, if I understand you correctly —  the names of 

the players submitted to him had the age of the students?

A. Yes, Ma'm.

Q. Because that’s in his records?

A. Yes.
Q. Then, does he sign it?
A. Yes, Ma'm.
Q. Then after his signature appears on there is it 

then necessary for anybody else to sign it?
A. The coach also signs it.

Q. The coach also signs it.
A. Yes.
Q. Now, did you have any trouble there with reference 

to any students there?
A. We had students that were —  I believe it was four 

or five students that were declared inelgible because they were 

overage and he had one or two students, I don't remember which, 

who were declared ineligible because they had been in high 

school five years.
Q. Now, Mr. Mitchell with reference to the financial 

status of your ball team out there with your gates and concessic 
income and disbursements, who is charged with the responsibility 

of handling those?
A. The principal.
Q. I want you to state to the Court what sort of 

4 ‘ RO BERT L. D A N IE LS , JR.
2 0  $ FFICIAL COURT REPORTER 

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condition Mr. Stewart —— if you know, handled that business?
A. The school there financially, as far as that, was 

always run in the red, as far as gate receipts and so forth 

was concerned. Once I took over as superintendent of schools 
I asked all principals of the two high schools to give me a 

report on their athletics at the end of each year. This is the 

only way I could determine how much money to put in the budget 

for this and so forth, to see what they were doing with gate 
receipts and concessions and all this, so I asked the principals 
to give me a report showing the amount of money that they took 
in at the games and so forth.

Q. Did Mr. Stewart ever keep a ledger showing what 
was gate receipts and what was concession receipts?

A. I couldn't answer that, I never went to his books.
I have the report he gave me and I believe it was offered in 
evidence.

Q- It is in evidence.

A. And the gate receipts and the ticket sales were all 
lumped together and it is impossible to look at this report 

which he gave to me which I had to present to the School Board 

and tell whether you were going in the hole on concessions or 
whether you were breaking even on what you were selling or how 
many tickets were sold or anything. I mean, there is no way of 
me telling how many or anything.

Q. Mr. Mitchell, did he have tickets printed for games?
RO BERT L. D A N IE LS , JR.

2 0  P  OFFICIAL COURT REPORTER
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BY MR. BANKS
Your Honor, we are going to object to this whole line 
of testimony. It seems to me that the defendants have 

taken a clear position that Mr. Stewart was never demote 
when made principal of the elementary school and if that 
is their position I don't see how all this other testi­

mony is relevant. I don't see the relevancy of any of 

the alleged deficiencies brought out on Mr. Stewart, if 

they are going to take the position that he was never 

demoted.

Well, you have charged also, if he was demoted, whether 
or not this falls under Singleton. If it does not we 

have a question of whether his demotion, assuming I 
find one, was arbitrary and capricious or whether there 
was a reason for it, so under those circumstances I 
think they have a right to go into this even though 
they maintain the position there was no demotion.

It was further tendered, if I might state to the Court, 
to show that he was not happy over there and didn't 

care anything about the operation of that school and 

he wanted to get away is one of the reasons he really 

himself wanted this other school in lieu of that school 

over there.

BY THE COURT

BY MS . Me DADE

O  n  O  R 0B E R T  L - D A N IE LS , JR.
r i G  J 0FFIC IAL C0URT REPORTER 

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All right, let me ask one thing while I am thinking 

about it, concerning these school records of the conces­
sions. Did you ever ask Mr. Stewart to separate the 

gate receipts from the concessions and try to ascertain 
from him whether or not he could do it? I assume you 
received these reports for several years.

BY THE WITNESS:
I received them either one or two years. I did mention 

it to him that I couldn't tell how much was gate receipt 
and, you know, what was concessions.

BY THE COURT:

What was his response?

BY THE WITNESS:
Well, he Just said he would do it the next time.

BY THE COURT:

Did he ever do it?
BY THE WITNESS:

No, sir, I believe after I mentioned it, he was trans­
ferred over to the other school before I got the other 

one. I didn't get a report the last year he was there. 
BY THE COURT:

All right, proceed.

BY MS. MeDADE: (continuing direct examination of Mr. Mitchell)
Q. Now, with reference to the lunch room operation ther

BY THE COURT:

ROBERT L. DANIELS, JR.
t  O F F I C I A L  C O U R T  REPORTER

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is that under the supervision of the principal of that school? 

A. Yes, Ma'm, it is.
Q. And did you or the school get any criticism from 

the State Department of Education relative to that phase of 

it?
A. Yes, Ma'm, I was called by the State Department in 

relation to this.
Q. What was wrong with it?
A. Well, I believe you presented this in evidence 

this morning, this report, I believe Mrs. Park, who is the 
area supervisor for the State lunchroom program, made this 
survey over Mr. Stewart's school and she came by and told me 
that he had not kept a ledger for the entire period of time 

there and that she was unable to really tell how his finances 

were and so forth and we would have to do something about this. 

We received this letter and of course, I told Mr. Stewart he 

w o u l d ---
Q . ---Was that made possible through state aid?

BY MR. BANKS:
Object, Your Honor, and move to strike because that is 
strictly hearsay and some words were used that were not 
used when the report was admitted into evidence as a 
characterization about some entire period. That is not 

explained here and we dont have that witness to cross 

examine and explain it.
< 20t9OBERT L- DANIELS-JR-

W  OFFICIAL COURT REPORTER

1 5 2* .

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Ms. McDade ?
BY MS. McDADE: (continuing direct examination) 

Q. Mr. Mitchell---

BY THE COURT:

BY THE COURT:
--- I ’ll sustain the objection.

BY MS. McDADE:
Yes, sir, I am going on into another question.

BY THE COURT:
All right.

BY MS. McDADE: (continuing direct examination of Mr. Mitchell)
Q. Are you familiar with the report filed by the State 

Department of Education regarding the inefficient manner in whic 

the lunchroom money was handled?
A. Yes, M a ’m, I received a copy of it.

BY MR. BANKS:
Object to leading, Your Honor.

BY THE COURT:
Don't lead your witness.

BY MS. McDADE: (continuing)
Q. Will you state what that report indicated, if you

are familiar with it?
A. Yes, Ma'm, I will.

BY MR. BANKS:
Your Honor, the report has been admitted into evidence

v. 2 0 0  ROBERT L. D A N IE LS ,  JR.
^ O F F I C I A L  C O U R T  REPORTER

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and it speaks for itself.

Well, he has got a right to explain ---
BY THE COURT:

—  Just a moment. Let him finish his objection. 
BY MR. BANKS:

BY MS. MeDADE:

If he has some direct knowledge about the circumstances 
he may be able to testify to that but as to what the 

report says, we have it, we know what the report says 

and I don't think it is proper for him to amply it.

May I have the exhibit? They are directed to him and 
of course, I can take those exhibits and get his testi­
mony from them.

You can certainly have the exhibits but as Mr. Banks 

says, I am going to read the report and it will speak 

for itself as to what's in the report. Now, if he can 
tell me something additional that he has of his own 

personal knowledge concerning the formulation of that 
report or perhaps when he receives it or how often he 
receives, certainly I think that would be permissible 
but actually the contents of that report, unless he 

has personal knowledge of it, it would be hearsay and 
would be inadmissible or it would speak for itself,

BY MS. MeDADE

BY THE COURT

on'1'
C , V j  lO F F IC IA L  C O U R T  R E P O R T ER  

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certainly as to what's in the report.
BY MS. MeDADE: (continuing direct examination of Mr. Mitchell) 

Q. Have you any knowledge, Mr. Mitchell of permanent 
records that were out at the West Kemper High School under the 
supervision of Mr. Stewart while he was there, how they were 

kept?
A. This was reported to me by the counselors who worked

at that school, that these records were not ---

BY MR. BANKS:
--- Object. That would be hearsay, Your Honor.

BY THE COURT:
Sustained.

BY MS. MeDADE: (continuing direct examination)
Q. Do you have counselors out there that are responsib 

to you and report back to you?
A. They do report back to me what they find at the

school, yes.
Q. Would you know about their findings regarding these 

records out there?
A. Yes, M a ’m.
Q. Tell the Court what you know about them?

A. From the counselors?

Q. Yes

BY MR. BANKS
Object to hearsay

203
ROBERT L. DANIELS, JR.

O F F IC IA L  C O U R T  REPORTER
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Sustain the objection.

BY MS. Me DADE:
Well, I ’ll put the counselors on.

BY THE COURT:
All right. That's the proper way to do that.

BY MS. McDADE: (continuing direct examination of Mr. Mitchell) 
Q. Now, Mr. Mitchell, do you have any knowledge yoursi 

of the number of examinations that the students in that school 

were given in one day by order of Mr. Stewart?
A. I have the examination schedule prepared by Mr. 

Stewart, Yes, Ma'm.

BY THE COURT:

fourth periods scheduled, direct. All starting in the morning 
and going until, I believe, two thirty in the afternoon.

Q. Mr. Mitchell, do you have any personal knowledge of 

Mr. Stewart permitting teachers or members of the faculty out 

there to order items of various things and charge them to the 

school?

Q. Was it submitted to you?
A. I got this from the assistant principal out there,

yes, Ma'm.
Q. How many were scheduled?
A. Four were scheduled the first, second, third and

A. We received this bill

Q. Who received it?
f .R O B E R T  L .  D A N IE L S ,  J R .
Jo F F IC IA L  COURT REPORTER 

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A. The principals at West Kemper High School, Mr.

Belle and Mr. Leach, these items that were ordered were not 

paid for and we were threatened by court order and so forth.

Q. When you found that out did youpay them?

A. Yes, they were eventually paid.
Q. Now, I want to know Mr. Mitchell, if you have any 

information personal knowledge with reference to West Kemper 
High School having a school band such as it was capable of havin,

A. No, Ma'm, we did not. Our band there had gradually 

gone to practically no band at all. When we went under a Court 
order integrating the system there, Court ordered combined schoo 

system, the school that I was under at West Kemper High, we 

had complete band uniforms, music, catalogues and everything 
that a band should have. This entire band equipment and every­
thing was transferred to West Kemper High and they too had been 
given instruments that had been bought through Title I funds.

No M a ’m, the band had gone down to nothing. We had everything 

but the students.
Q. What sort of band do they have out there now, Mr.

Mitchell?
A. We have a band that is improving. We have a real 

good band. We have a band that has been participating in 

home coming activities, at Jefferson State, and at Crystal 

Springs...
Q. ... Talk up so he can hear you. Have they been

ROBERT L. DANIELS, JR.
1  2  i f )  O F F IC IA L  C O U R T REPORTER

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been invited to play?
A. Yes.
Q. Where?
A. Well, this Saturday they were ---

BY MR. BANKS:
—  Object as irrelevant, Your Honor.

BY THE COURT:
Well, let's move along.

BY MS. MeDADE: (continuing direct examination)
Q. All right, you say there is an outstanding band

there now?

BY MR. BANKS:
Object to leading, Your HCnor.

BY MS. MeDADE:
I believe that is leading.

BY THE COURT:
All right, let's move along.

BY M S . MeDADE: (continuing direct examination)
Q. Now, Mr. Mitchell, have you any knowledge with 

reference to any students at West Kemper High School during Mr. 

Stewart's time out there at that school not being allowed to

take full courses of study?
A. Yes, Ma'm, we had extremely difficult problems 

scheduling out there in relation to the vocational building.
We had many students who wanted to schedule vocational courses

ROBERT L. DA NIELS, JR.
1 O F F IC IA L  C O U R T  R E P O R T E R

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but had conflicts and because of their scheduling problems 

they were unable to go there and it was Just make-shift and they 

had to take what they could.
Q. Was it fixed for them where they absolutely couldn’t

take any ---
A. ---it was impossible for t h e m ----

3Y MR. BANKS:
---She is leading again, Your Honor.

BY MS. MeDADE: (continuing direct examination)
Q. Now, Mr. Mitchell, have reports been made by your 

office to the United States Fifth Circuit Court of Appeals and 
the Justice Department of the Kemper County School system twice 

annually?
A. Yes, M a ’m, we complied, we sure did.
Q. Now, the status of that now, do you have to do that

now?
A. No, M a ’m, I believe now we have received no forms 

from H.E.W. to compile that report. I believe we have complied 

but we have received no forms.
Q. But as long as you were supposed to, you did comply 

and you did submit them?
A. Yes, M a ’m, we did.
Q. Has there ever been any controversy over what as

shown there as to what is carried on in the school system since

you have been presiding over those reports to the Court?
. o  i o r o b e r t  l. D a n i e l s , j r.
V &  1 - MOFFICIAL COURT REPORTER

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A. Yes, Ma'm, at one particular time we got a call.
We had sent in this report and we had one class of first grade 

students, I believe, and I could be wrong on this, but we had 
I believe, the majority, maybe thirteen whites and twelve blacks 

in there or something and we were called on that but before they 
even called us the students had been put into this class that 
brought this ratio into balance and we had already done a switch 
of students and brought it up before the Court called us and 
we told them what we had done and haven't heard anything since 

then.
Q. They have accepted all of them and that was the 

only incident they ever called your attention to and before the 

report got back, it was corrected?
A. Yes, Ma'm, before they called us, I am sure.
Q. I want to ask you this question, Mr. Mitchell, have 

you and this Board of Education been in compliance with the orde 
of the Court ever since the rendition of the Court's order?

A. Yes, Ma'm.

BY MS. MeDADE:
I believe that's all for right now.

BY THE COURT:
All right, cross examination.

BY MR. BANKS:

CROSS EXAMINATION

Q. Mr. Mitchell, you said the students were not allowed
ROBERT L. DANIELS, JR.

O  jO F F I C I A L  C O U R T  REPORTER
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to take vocational courses, is that what you said?
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A. I didn 't say they were not allowed to. I said they 

couldn't work it in their schedules, sir.
Q. In fact, you can't name a single student who couldn' 

work it into their schedule, can you?
A. I don't have the names.

Q. As a matter of fact, there was an interrogatory 

propounded to you asking you to come up with those names, isnt 
that correct?

A. I believe that's right.
Q. And you had, you took some six months to answer 

those interrogatories, didn't you?
A. I don't know how long.

Q. You still couldn't come up with names of a student 
who was forbidden by his schedule from taking vocational tech­

nical courses.
A. I don't have any names.
Q. You say there were a lot of teachers that filed 

complaints with the E.E.O.C. against you and later withdrew 

their complaints?
A. That's true.
Q. Those teachers were rehired, were they not?
A. Yes, they were rehired when we received Federal 

funds and they were given their —  they were rehired, yes, sir. 
There were one or two that we couldn't rehire until we got some

0  . .  ROBERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER

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Federal funds and they were.

Q. Well, whatever they were complaining about was taken 
care of, wasn't it?

A. Yes, it sure was .

Q- Now, under Mr. Stewart they did have a band at 
West Kemper High, did they not?

A. I am not going to be derrogatory but I will say they 
had a facsimile.

Q. The same as the Saints play football.
A. I don't want to be derrogatory about it.

Q. They had a poor band, is that what you are saying?
A. A poor band?

Q. Yes, a poor band.
A. Yes, sir.
Q. And some schools have poor football teams and some 

schools have poor bands and some schools have poor basketball 

teams, is that right ?

A. Well, I would say that.

Q. The band director wasn't recommended for last year
was he?

A. No, sir, he was not because I had discussed this.
Q. You stated you never told Mr. Stewart there was 

going to be an administrative principal, but you are not taking 

back what you testified to this morning that you discussed that
possibility with him, are you?

. i* 2 1 3  RO BERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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A. There were three or four possibilities discussed,

Q. And the fact is that you discussed, you mentioned

a co-principalship to Mr. Stewart. Is that what you said?

A. No, I did not.
Q. You didn't mention co-principalship with him? But 

you didn't mention administrative set up?
A. I discussed with Mr. Stewart -—
Q. —  And you did discuss with him the fact that there

was going to be an administrative principal and that administra­

tive principal probably would want to bring his secretary with 

him.
A. That was mentioned, yes, he probably would, yes. 

Q. And you didn't discuss with Mr. Stewart, or you
didn't tell Mr. Stewart that Mr. Eldridge was being assigned to 

him as his assistant, did you?
A. No. I couldn't tell him that because the Board 

approves things of that nature. I couldn't stick my neck out 

like that.
Q. Well, you do recommend to the Board, don't you?

A. Yes, but they might not approve---
Q. —  You had recommended the principals.

A. Yea, but they had disapproved some too.
Q. You do recommend principals to the Board, don't you? 

A. Yea, that's right.

yes.

RO BERT L . D A N IE LS , JR.
SFFSICIAL COURT REPORTER 
I  GllLFPORT. MISSISSIPPI



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Q. So the Board had already told you that they were 

not going to accept Mr. Stewart as the principal without seme 

authority over him, is that what you are saying?

A. No, I didn't say that.
Q. You still were afraid to recommend that to the Board 

A. No.

*?

Q. Well, what are you saying about not telling Mr. 

Stewart that?
A. I told Mr. Stewart that this had been discussed, to 

get his reaction. As I told you this morning, he stated, "I 

will not work with Mr. Eldridge in any capacity. I won't even 
work in the same school with him, in the same building with 
him and before I do this I would prefer to have the elementary 

principalship at West Elementary and be on my own," and I stated 
to him at that time,as I stated this morning, that I told him 
that I couldn't guarantee that this would happen but I would 
go to the Board and I would recommend this to them, to the Beard.

Q. But it was the Board's insistance that Mr. Eldridge 

be at that school in same capacity, is that right?

A. No.
Q. Well, it was one or the other. They didn't want 

Mr. Eldridge?
A. Mr. Eldridge was to be brought back into the system 

in some capacity.
Q. Why couldn't he be brought back to the elementary

r) i  'ROBERT L. DANIELS, JR.
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A. Mr. Belle was over there at that time.
Q- Well, Mr. Stewart was at the high school.
A. Yes.

Q. Why couldn't he be brought back to the elementary
school?

A. Well, I guess he could have been but this was the 
Board's decision. We didn't make the decision but we discussed 
it and a top decision was never made on it.

Q. In other words, a decision wasn't made until it was 
put in the minutes.

A. There is no decision made, period. I told you that 

this morning and I stand on it. No decision was made on this 

and there is no use us keep harping on it, there was no decision 
made, period.

Q. Oh, you never did make a decision on it?
A. No, no conversation was ever made.
Q. The Board never had any idea what they were going

to do?
A. We had discussed many things that we could do. This 

was one of the things.

Q. And that was the thing that you discussed with Mr.
Stewart?

A. Right, I had discussed it with Mr. Stewart.
BY THE COURT:

Wait a minute. Talk one at a time.
t  O  1 ^ROBERT L. DANIELS, JR.

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I'm sorry.

BY MR. BANKS: (continuing cross examination of Mr. Mitchell)
Q. Those things were discussed with Mr. Stewart?

BY THE COURT :
Wait. Let him finish asking the question and then you 
can answer.

BY THE WITNESS:
All right.

BY MR. BANKS: (continuing cross examination)
Q. Making Mr. Eldridge the administrative principal 

was the thing you discussed with Mr. Stewart?
A. I discussed with Mr. Stewart there was a possibility 

that the Board had looked at this and there was this possibility 
to get his reaction to it.

Q. What other possibilities did you discuss with Mr.

BY MR. BANKS:

Stewart?
A. This was the first one we discussed and Mr. Stewart 

told me he wouldn’t work with Mr. Eldridge in any capacity, 
wouldn't work in the same building with him and that he would 

prefer the elementary principalship so he could be by himself 
and that ended the conversation right there because the man said 
this is what I'll do and I said, "Well, if this is what you want 
then I'll go to the Board and I will recommend it to them. I 
can't guarantee you they will accept my recommendation

v  p  ]  n  ROBERT L. D A N IE LS ,  JR.
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Q. But your answer is you never did discuss any other 

possibility with him?
A. No, when he asked for that job, that was it.
Q. Your answer is that you did not discuss any other 

possibilities?
A. No. That was the extent of our discussion, period. 

Q. And that was the same structure that you discussed 

with George Bradley from the E.E.O.C.?
A. Right, I told him the same thing.

BY THE COURT:
At what point in time did you decide to go with this 

co-principalship at West Kemper High School?

BY THE WITNESS:
At the time, Your Honor, that Mr. Stewart requested or 
asked that he be given that job so he wouldn't have any 

connection with Mr. Eldridge whatsoever. Then I asked 
Mr. Belle of the elementary school, I said, "Mr. Belle, 
and Mr. Eldridge, would you two go over now and serve 

as principals of West Kemper High school? Mr. Belle 

said, "Well, I will serve in any way that I can help 
the school system." And I said, "i don't want anybody 

to be left without a job" and this is the period of 

time we decided and Mr. Eldridge and Mr. Belle went 

to the high school.
BY THE COURT:

ROBERT L. D A N IE LS ,  JR.
o f f i c i a l  c o u r t  r e p o r t e r

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Did it enter into your thinking at that time any way 
—  well, let me restate that. Did you consider at any 

time still making Mr. Eldridge the administrative prin­

cipal and placing Mr. Belle in the high school and Mr. 
Stewart in the elementary school where he would not be 

in the same building?

BY THE WITNESS:
No, sir, I am sorry, we did not. That never entered my 
mind. I come back to this one thing and I don't want 
to keep harping on this but in my conversation with Mr. 

Stewart that morning in my office when I discussed this 

whole thing as we had discussed in the previous Board 

meeting, as I said, when he told me, "I will not work 

with Mr. Eldridge, I will not work with him in any 
capacity, not even in the building with hinfand he 

preferred this other position, then I didn't go into 
this other. I mean, I possibly would have if he hadn't 

asked for this thing. I mean, this was his request.

BY THE COURT:
At what point in time did you receive the report of the 
E.E.O.C. containing their determination that an adminis­

trative principal would be discriminatory if he w a s plac 
over Mr. Stewart?

BY THE WITNESS:
Oh, I don't know.

-v 2 2 1  i
ROBERT L. D A N IE LS ,  JR.

O F F IC IA L  C O U R T REPORTER
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BY THE COURT
Did that enter into your thinking in any way in the

transfer or in favor of creating this position?

BY THE WITNESS
No, sir. No, sir. I don’t know the point in time 
there that they —  whether they ever really mentioned 
that in any of their reports to me.

I said, I don’t really remember them bringing in that 
this was one of their problems on this. It could be 
but I dnn't remember it.

BY THE COURT:
All right, go ahead, Mr. Banks.

BY MR. BANKS: (continuing cross examination of Mr. Mitchell) 
Q. You knew that Mr. Stewart had filed charges of 

discrimination against you?
A. Yes, I received a copy of the letter.
Q. And you knew that he had charged that you demoted

A. That has come from the E.E.O.C., yes, sir.
Q. And you knew that they were investigating these chai

ges, the E.E.O.C. was, in the spring of '73, didn’t you? 
A. Right.

BY MR. BANKS
I didn't hear that answer, Your Honor

BY THE WITNESS

him, didn't you?

ROBERT L. D A N IE LS , JR.
3 F F IC IA L  C O U R T R E P O R T ER

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172.

Q. And that Is the same time that you went to co-prin­
cipals at the high school, is that right?

A. We had co-principals before they ever started 

investigating.
Q. When they started investigating Mr. Stewart was 

principal, wasn’t he?
A. Yes,when I received their first letter, yes, he was. 
Q. When did they start investigating, in the summer?
A. Well, come back to this, Mr. Stewart did not sign 

a complaint until after he took the principalship at West Kemper 

Elementary and Mr. Belle and Mr. Eldridge were already appointed 
co-principals at the high school. Then Mr. Stewart signed a 

complaint.

BY THE COURT:
Filed an objection?

BY THE WITNESS:
I filed an objection.

BY MR. BANKS^ (continuing cross examination of Mr. Mitchell)
Q. Do you know when they were appointed? Do you have 

minutes to reflect when Mr. Belle and —
A. — - I don't have that date, but I could get it.
Q. Do you have the date when Mr. Stewart filed the 

charge of discrimination against you?
A. I don’t have that letter from the E.E.O.C. with me, 

no, I don't. It is a matter of record, though, I am sure.

V r ) Q O  ROBERT L. DANIELS, JR.
tLci, O O F F IC IA L  C O U R T REPORTER

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I have no further questions.

BY THE COURT:
I have one question. You stated that you were toe-heavy 
with administrative personnel. Why?

BY THE WITNESS:
This was brought about when we lost our students, Judge, 

when we went under the Court order and integration. We 
brought the elementary school into Dekalb and that 

brought principal in. This was not during my adminis­
tration but we were top-heavy with administrative 

personnel.

BY THE COURT:
All right, any further questions by counsel? All right, 

you are excused.
(WITNESS EXCUSED)

MRS. RICHARD MeLEARY, was thereupon called as a witness 
on behalf of the defendants, and having been duly sworn, testi­

fied on her oath as follows:
DIRECT EXAMINATION

BY MR. BANKS:

3Y MS. MeDADE:
Q. State your name to the Court please?

A. Mrs. Richard McLeary.
Q. Will you tell the Court please M'am, the connect!cn 

if any, you had with the West Kemper High School in the year 197
 ̂ RO BERT L . D A N IE LS , JR.

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174.
A. I was guidance coordinator for the Kemper County-

School system.
Q. And as —  did you say Title coordinator?

A. I was guidance coordinator.
Q. Oh, guidance coordinator. And in such capacity 

did you likewise work at the West Kemper High School?

A. I did.
Q. Mrs. McLeary, as a part of your work there did you 

have anything to do with the cumulative or permanent records of 

the students that were kept there?

A. I did.
Q. Would you tell the Court what that was?

A. It was my responsibility to record test scores and 

standardized test scores on these records.
Q. Now, where did you find those records, Mrs. McLeary?

A. I didn't always find the records, but they were kept 

in the individual teachers' classrooms and I found them there 

when I found them, they were there.
Q. Individual teachers ' classrooms?

A. Yes.
Q. Now, being where you say those records were, were 

they under a lock and key, Mrs. McLeary?
A. Not always.
Q. Where are those records required to be kept, Mrs. 

McLeary, if you know?
ROBERT L. DANIELS, JR.

O  p  C U F F IC tA L  C O U R T REPORTER
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A. They should be kept in the vault. The permanent 
records should be kept in the vault under lock, under the 
supervision of the principal of the school.

Q. The principal of the school.
A. Yes, principal cf the school.
Q. Now, these records at West Kemper High School, did 

you find those in that condition?
A. I did not.
Q. And you again tell the Court, though it is repetitic 

where you found those records?
A. In the rooms of the individual classroom teachers.
Q. That being true, were those records available to 

the students in those rooms?
BY MR. BANKS:

Objection, Your Honor, whether or not they were availabl 
to the students.

BY THE COURT:
Do you know of your own personal knowledge the availabil 
of these records? You can’t testify to anything you 
don’t know and have not seen with your own personal 
observations.

BY THE WITNESS:
Well, let me say that I never saw them in the hands of 
the students.

BY THE COURT:

2 2 ©
RO BERT L. D A N IE LS , JR.

F IC IA L  C O U R T  R E P O R T ER  
G U L F P O R T , M ISSISSIPP I



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All right.

Is that the way I must answer?

BY THE COURT:
That's all right.

BY MS. McDADE: (continuing direct examination)
Q. Well, they were not under lock and key in the classroom? 

A. No.
Q. And they were in the individual classrooms.

BY THE WITNESS:

BY MR. BANKS:
Object to leading

BY THE COURT:
Don't lead the witness. We got that answer anyway

BY MS. McDADE:
That's all, take the witness

BY THE COURT:
Cross examination

CROSS EXAMINATION

BY MR. BANKS:
Q. Mrs. McLeary, how long have you been counselor In

the West Kemper schools?
A. I was counselor for, I guess, three or four years

I have forgotten the exact time. I am no longer counselor
Q. When was the last time you were counselor?

A. I believe until about three years ago. What vould

L n n y  RO BERT L. D A N IE LS , JR. 
/  OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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> v id it i.<:. w l  v vju.-iv\-

that be, Seventy-three?

BY THE COURT:
Wait. You just answer the question.

BY THE WITNESS:
I'm sorry, do you want the years?

BY MR. BANKS: (continuing cross examination)

Q. Yes, Ma'm.

A. Let me see, this is ’75, it would be about '72. 
Q. And how long were you counselor, for three or

four years?
A. Yes, from —  I came to Kemper County School system 

as counselor in in 1967 and worked in that capacity until 

three years ago.
Q. You are not in Kemper County school system now?

• * A. I am.
Q. What is your position now?
A. I am Title I coordinator.
Q. At the time that you were dealing with these cumu­

lative records you were counselor?
A. Yes.

Q. And you worked as a counselor throughout the school

system?
A. Yes.
Q. You worked at Whisenton when it was known as Whisen-

ton?
RO BERT L. D A N IE LS , JR.

O  p  C & F F IC IA L  C O U R T REPORTER
G U LFP O R T, MISSISSIPPI



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1 A. I believe it was always West Kemper High when I 

began my work.
Q. After you began working in the county?
A. After I began working in the county. I don’t rememb^ 

when the name was changed.
Q. Did you work at that building from 1967 on?
A. Yes, sir.
Q. Now, when you found these cumulative folders in the 

classroom, when did you usually visit the classroom?
A. I gave tests in the classrooms and after the tests 

I came back and it was my duty to record the test scroes. They 

should have been recorded on the cumulative folders as well as 

the permanent records.
Q. It was your duty to do that?
A. It was my duty to do that.
Q. When you went to the school ro record them on the 

cumulative records, you found them in the classrooms?

A. Yes.
Q. In a file cabinet?

A. Not always.
Q. Usually in a file cabinet?
A. I can’t say usually.
Q. Well, where were they? Where would they be?

A. Various places, in the teacher’s desk.

Q. Was there not a file cabinet in the teachers’ class?
0  RO BERT L . D A N IE LS , JR.

k '' d d x . )  O F F IC IA L  C O U R T REPORTER
G U LFP O R T, MISSISSIPPI



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A. Usually.

Q. And that file cabinet had a lock on it, didn't it?
A. Not always .

Q. Did you ever see a file cabinet that didn't have 

a lock on it?
A. Yes.

Q. Where? In which teacher's classroom?
A. I can't say.

Q. Can you say whether or not you found these cumulate 
folders in 19 6 8 in the teachers' classrooms as opposed to 1 9 7 1 ?

A. As opposed to '71? I would say that they were in 
there in ' 7 1  as well as in '6 8.

Q. But you can't be sure, can you, whether or not in 

19 7 0  a change was made and the cumulative folders were housed 
partially in the assistant principal's office and partially in 
the principal's office, in the seventies?

A. I don't know. I do not believe that they were 
completely housed in the principal's office at all times, no.

Q. But you are not sure?

A. I'll say I am sure, although if you ask me to say 

one date, I cannot tell you one date.
Q. You say at all times, you are talking about at all 

times between 19 6 7 and 1 9 7 2 ?
A. No, I am talking about at all times when I hunted

the records.
RO BERT L . D A N IE LS , JR.

O F F IC IA L  C O U R T REPORTER
K G U LFP O R T. MISSISSIPPI



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Q. At all times you hunted them, and that was between

1967 and 1972?
A. Yes, sir.
Q. When you say they were supposed to be kept in a 

vault, can you point to apy rule of the school system of the 
state of Mississippi that requires those cumulative folders to 

be kept in a vault?

must be kept in a vault or under lock and key according to state 

law.
Q. In the vault or under lock and key.

A. Yes.
Q. State law just says "safe place". Would you change

your testimony?
A. My understanding was that they should have been kept 

under lock and key. I thought that's what the state law said.

BY MR. BANKS:

A. It is my understanding that the permanent records

No further questions

BY MS. MeDADE
No further questions

BY THE COURT
You are excused

BY THE WITNESS
Will I be recalled?

BY THE COURT
231 RO BERT L. D A N IE LS , JR.

O F F IC IA L  C O U R T REPORTER
G U LFPO R T. MISSISSIPPI



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: +..au

Unless a witness is under subpoena by theother side 
or you request specifically that they remain, they are 

free to go.
(WITNESS EXCUSED)

MR. WENDET.T. COTTON, was thereupon called as a witness 

on behalf of the defendants, and having been duly sworn, testi­

fied on his oath as follows:
DIRECT EXAMINATION

BY MS. MeDADE:
Q. State your name to the Court please.

A. Wendell Cotton.

BY THE COURT:
What is your address?

BY THE WITNESS:
Route 4, Box 75, Dekalb.

BY MS. MeDADE: (continuing)
Q. Mr. Cotton, what position if any do you hold with 

the public school system in Kemper County?
A. Vocational counselor.
Q. As vocational counselor tell the Court what your 

duties are and where you are employed there?
A. I work at the John Stennis Vocational Complex.
Q. Where Is that situated with relation to West Kemper 

High School?
A. It is just a few yards west of West Kemper.

232 ROBERT L. DANIELS, JR.
O F F IC IA L  C O U R T REPORTER

G U LFP O R T, MISSISSIPPI



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..

Q. The property Joins?
A. Yes.
Q. Right next door, in close proximity?
A. Yes.
Q. Now, as counselor there at the Votech, tell the 

Court if you have had any experience or knowledge of the student: 
at West Kemper High School that applied to take certain courses 

over at the John Stennis Votech education center?
A. You mean activity-wise?

Q. Yes.
A. Well, we have them from poor'to excellent.

Q. No, I —  I withdraw the question.

BY THE COURT:
I think she was asking for applications rather than
quality. Let's get a time frame here too, Ms. McDade.

BY MS. McDADE: (continuing direct examination of Mr. Cotton)
Q. When Mr. Stewart was principal of West Kemper High 

School, do you recall when he was principal out there?
A. Right.
Q. Mr. Cotton, did you have any students who were 

attending school at that time that wanted to take a course or 

a certain course at the Votech in conjunction with their studie 

over at West Kemper High?
A. Yes, Ma'm.
Q. Were they able to do it?

1 8 2 .

t  O ' )  9  ROBERT L. DANIELS, JR.
O F F IC IA L  C O U R T REPORTER

G U LFPO R T, MISSISSIPPI



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A. Some could.

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Q. Were they all able to do it?

A. No.
Q. Would you tell the Court if you know why they were 

not able to do it?
A. Well, I have always had a problem with scheduling.
Q. Who gave them that problem with reference to sched­

uling when Mr. Stewart was out there?
A. As far as I know, the schedule was worked out by 

West Kemper and my Job was recruiting and when I started recruit 

ing students they would have courses, say, some required courses

in the morning and some required courses in the afternoon and 
they are required to be with us for three hours so that was the 

problem.
Q. So they were scheduled over there where they couldn 

possibly attend?

BY MR. BANKS:
Object to leading, Your Honor.

BY THE COURT:
Don't lead your witness.

BY MS. MeDADE: (continuing direct examination of Mr. Cotton)
Q. Would you state, go ahead and state again to the 

Court so the Court might understand why they couldn't attend, 
those that you say couldn't attend the Votech from that school? 

A. Because of scheduling problems.
ROBERT L. DA NIELS, JR.

d  o  qFF IC IA L  C O U R T REPORTER
G U LFP O R T, MISSISSIPPI



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BY THE COURU
I understand, because they had required subjects in the 
morning and in the evening and therefore couldn't 
attend during your time period.

BY THE WITNESS:
Yes, that's right.

BY THE COURT:

All right, let's proceed.
BY MS. McDADE: (continuing direct examination of Mr. Cotton)

Q. Mr. Cotton, did you have any personal knowledge of 
where those cumulative records over at West Kemper High School 

were kept?
A. Permanent records?

Q. Permanent records, yes.

A. To the best of my knowledge they were kept in a 
filing cabinet behind the secretary's desk.

Q. In what room?
A. In the secretary's office.

Q. The secretary.
A. At that time, yes.

BY THE COURT:
At what time?

BY THE WITNESS:
The time she referred to, I think, I assume. 

BY MS. McDADE: (continuing)

2 3 5
RO BERT L. D A N IE LS , JR.

O F F IC IA L  C O U R T REPORTER
G U LFPO R T, MISSISSIPPI



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Q. In 1973 and prior to 1973?

A. Yes.

Q. Did you ever see any of them under lock and key In

Mr. Stewart's office?
A. I can't testify to that because I would always ask 

for the folders from the secretary.

Q. And the secretary got them?

A. Handed them to me.

Q. Handed them to you, all right.

BY MS. MeDADE:
I have no further questions.

CROSS EXAMINATION

BY MR. BANKS:
Q. Mr. Cotton, whose secretary was that?

A. Whose secretary?

Q. That handed you the folders.

A. M r . Stewart's .

Q. And whose office was it? Where the file cabinet

was?
A. If I remember correctly they were kept in the

secretary's office behind her desk.
Q. How many offices were there in the office area?

A. The secretary was In the outer office and Mr. Stewai 

was in the office back of that.

Q. Where was the assistant principal's office?
RO BERT L . D A N IE LS , JR. f  

<~.0 U  OFFICIAL COURT REPORTER jjL  /  
GULFPORT, MISSISSIPPI



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186 .

A. Down the hall.
Q. And you were dealing primarily with high school 

students’ records?

A. Right.

Q. You don't know whether or not this file cabinet 
referred to had a lock on it, do you?

A. No, I don’t.

Q. You also don’t know whether or not the students at 
West Kemper High School preregistered for their courses in the 
spring of the year before, do you?

A. The did preregister.

Q. They preregistered and they selected the courses 
they wanted, didn’t they?

A. They selected the courses they wanted, yes.
Q. Now, you don't know how many students of yours went 

to Mr. Stewart and asked him for a change in their schedules 
once they had started and realized that they wanted to take 
vocational technical courses, do you?

A. The number? No, sir, I don't.

Q. Mr. Stewart did change some schedules, did he not?

A. This is a guess. I can't remember exactly. He probi 
ly did change some.

Q. To allow students who wanted to take vocational 
technical courses to take them?

A. Some, yes.
ROBERT L . D A N IE LS , JR.

9 * ] 7  O F F IC IA L  C O U R T REPORTER
G U LFPO R T, MISSISSIPPI



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Q. As a counselor you would have access to the students 
taking votech courses, their cumulative records, right?

A. Right, test scores, yes.
Q. And you went to Mr. Stewart's secretary to ask for 

those cumulative records, is that right?
A. Right.

Q. And you got them.
A. Right, I got the cumulative records , yes.

Q. And that was in 1973?
A. I can't be certain about the date.

Q. How long were you a counselor? How long have you
counselor in the system?
A. Since about '6 9, I believe.

Q. And always at the votech center?
A. Yes.

BY MR. BANKS:
No further questions.

BY THE COURT:
Redirect?

BY MS. MeDADE:

That's all.

BY THE COURT:

You are excused.

(WITNESS EXCUSED)

v. 2 3 8  ROBERT L - DANIELS, JR.
O F F IC IA L  C O U R T REPORTER

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18 8 .

M R . J . R . DUDLEY. JR.. was thereupon called as a witness 

on behalf of the defendants, and having been duly sworn, testi­

fied on his oath as follows:
DIRECT EXAMINATION

BY M S . McDADE:
Q. State your name, please? 
A. John Russell Dudley, Jr. 

Q. Mr. Dudley — -

BY THE COURT:
—  State your address, please, Mr. Dudley?

BY THE WITNESS:
Scooba, Mississippi, zip 39358.

BY MS. McDADE: (continuing direct examination)
Q. What position, if any, prior to 1973 did you hold 

in the Kemper County schools, if any?
A. Well, I have been a member of the County School 

Board for sixteen years and the last two years I was chairman 

of the County School Board.
Q. Now, Mr. Dudley, do you know the plaintiff in this 

case Mr. E. P. Stewart?
A. Yes, I do.
Q. Have you any personal knowledge as to Mr. Stewart 

not being principal at this time of West Kemper High School in 

Kemper County?
A. Yes.

ROBERT L . D A N IE LS , JR.
t  2 3 3  O F F IC IA L  C O U R T REPORTER

G U LFP O R T. MISSISSIPPI



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Q. Would you tell the Court about that?
189 .

A. Prior to this time the Board had discussed the

need for additional help at Whisenton, or what is now West 
Kemper High School and in this shuffle or turn-over when we 

were forced to do some changing of principals and rehiring of 

some people who had been left over in the school system under 

the condition that when this job that they had, which was a 

Career Center Education Program, I believe financed by the 
Federal Government, when that was over with, they would be 
rehired into the system and this, of course, happened all at 
the same time, during integration. We at this time discussed 
several things. Now, it is vague in my memory —  I was sitting 
in here when plaintiff's witnesses were on and it is vague in 

my memory that the Board ever seriously discussed putting Mr.

Eldridge over Mr. Stewart.
Q. Did the Board ever make a decision to place Mr.

Eldridge over Mr. Stewart?
A. No, they did not. They —
Q. Did the Board ever advise Mr. Stewart of that?

BY THE COURT:
One at a time and you are leading your witness.

BY MR. BANKS:
Let him answer the question.

BY THE WITNESS:
What was the question?

RO BERT L . D A N IE LS , JR.
OFFICIAL COURT REPORTER

GULFPORT. MISSISSIPPI



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19 0 .

BY MS. McDADE: (continuing direct examination of Mr. Dudley)
Q. Did the Board ever advise Mr. Stewart of that?

A. No, they did not. This, among other proposals was 

discussed and we didn't have all the answers and we were search­
ing for what we thought would be best for the school system, but 
I would emphasize here that the School Board was not primarily 
interested in individuals as teachers. My personal feeling and 

I think the feeling of the Board at the time, and my feeling 
still is that we have teachers through necessity. The schools 
are for the children, not for teachers and when we move teachers 
it is for the benefit of the school, the children in the school, 

not primarily for the teacher's benefit.
Q. Mr. Dudley, are you through with that answer?

A. Yes.
Q. Will you tell the Court whether or not Mr. Stewart 

was moved at his own request, if you know?
A. Well, I do know that he requested it. He requested 

it, I am told, first of Mr. Mitchell, but he requested it also

of the Board. I know that.
Q. Tell the Court about him requesting the move over

to the elementary school.
A. Well, the choice we gave Mr. Stewart was that of 

being co-principal with Mr. Eldridge and Mr. Stewart told us 

that he would not work with Mr. Eldridge. Well, we were left 

w lth —  we had to go somewhere, we had to do something.
ROBERT L . D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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191.

BY THE COURT:
You told Mr. Stewart that he could be co-principal 
with Mr. Eldridge at the high school?

BY THE WITNESS:
Yes,at the high school. Yes.

BY THE COURT:
When was this, in the spring of ’73?

BY THE WITNESS:
Now, Your Honor, you get me. I can’t quote dates and 
places here because I was there sixteen years and these 

things kind of run together, but it was during this 

same period that we were talking about, the spring of 
*72, I believe. I believe it was. But he was offered 
the choice of being co-principal at the school where he 
was. We had had some good reasons out there to show 
us that we needed some more help out there and we didn't 
think it needed to be in the form of an assistant prin­
cipal, we thought it needed to be in the form of co-prir' 

cipals.
BY MS. MeDADE: (continuing direct examination)

Q. Now, Mr. Dudley, what did he- state to you then with

reference to his choice?
A. He told us that he had rather have the school where 

he would be the sole principal which was the West Kemper Elemen­

tary School.

i r r  RO BERT L . D A N IE LS , JR.
OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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. . . .  - • . .

192.

Q. Did he himself ask for that position?
A. Yes, he did.

Q. Mr. Dudley, did youall require him to do this or
put any pressure on him to do it?

A. If there was any pressure put, I am unaware of It.

Q. You didn't put none?
A. I didn't put any pressure on him. I don't know what

I had to put pressure with. I am just one member of the Board.

Q. Did anybody in your presence in that Board make him 

make his mind up to take that school?

A. No, what we did, we wanted this decision made. It 
wasn't something that he could take and just keep putting off 
on and on, we did insist on ---

Q. --- Him giving an answer.
A. Him giving an answer. We did do this, and the urgent

of it.

Q. If I understand you correctly he could either have
co-principal at West Kemper High or he told you that he 
principalship of West Kemper Elementary school?

A. That's correct.

Q. And did you honor his request?
A. We honored his request.

Q. Was there any discrimination of any nature used by

or this Board?
A. None that I know of.

1 243 ROBERT L . D A N IE LS , JR.
OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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Q. And he accepted that.
A. None that I know of.
Q. Did he sign a contract, if you know?
A. Yes, he did.
Q. Did he subsequently come in there and sign one for 

the succeeding year, to your knowledge?

A. Yes.
Q. Do you know whether or not he recommended himself

also -—
BY MR. BANKS:

—  Your Honor, this is getting repetitious and I object 

This has been testified to repeatedly.

BY THE COURT:
Well, all right, let's proceed.

BY M S . MeDADE:
That's all.

BY THE COURT:
Cross examination?

BY MR. BANKS:
No questions, Your Honor. 

BY THE COURT:
You are excused.

BY THE WITNESS:
May I be permanently excused, I have got soybeans to 

harvest.

244
RO BERT L . D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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19^.

Of course, you are a defendant in this lawsuit.

BY MS. MeDADE:
We have no further questions for Mr. Dudley.

We have no objections to his being excused.

BY THE COURT:
There is no requirement that the defendant be present. 
You may be excused.

(WITNESS EXCUSED)
MR. BILLY BROWN, was thereupon called as a witness on 

behalf of the defendants, and having been duly sworn, testified 

on his oath as follows:
DIRECT EXAMINATION

BY MS. MeDADE:
Q. State your name and address to the Court please?
A. Billy Brown, Dekalb, Mississippi.
Q. Mr. Brown, what position if any do you hold with 

the Kemper County public school system?
A. I am athletic director with West Kemper High School 

and head football coach.
Q. Now, as athletic director and head football coach 

of West Kemper High School, state to the Court where these 

players are concerned, you fill out the eligibility list yourse 

A. Really, all I do when I fill out the eligibility 

forms, I turn the list of all of my athletes into the principal

< •

BY THE COURT:

RO BERT L . D A N IE LS , JR.
f )  a c -O F F IC IA L  C O U R T REPORTER
^  G U LFP O R T, MISSISSIPPI



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and then he or his secretary check out the list to see whether 
or not these boys are eligible or not and fill out the form that 
is sent to us from the Mississippi High School Athletic Associa­
tion and then after they put down what grade the student is in 
and how many years he has had and whatever is required for his 
eligibility, you know, he signs it and then I sign it and send 

it in. Really all I do is I turn in a list of my athletes over 

to the principal and they check out the eligibility and the 

transcript and all this sort of thing. I have been coaching for 
eighteen years and I don't think that I have ever gone to the 
files of the athletes and checked out all those records. That's 

not my job and in some cases I don't even have access to the 

records.
Q. Did you follow that same procedure while M r . Stewart 

was principal of West Kemper High?
A. Yes, Ma'm, I am sure I did.
Q. Did you have any controversy there with reference 

to some of them being ineligible?
A. We did. We had some boys ruled ineligible.

Q. Why?
A. Because they were too old and because they had 

been in high school too long.
Q. Had they been certified as eligible by Mr. Stewart?
A. They had. The list was given to me to sign and I 

was called down to the office to sign the list and I looked and
 ̂ RO BERT L. D A N IE LS , JR.

2 4 G O F F IC ,A L C O U R T  r e p o r t e r
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saw his name on it and I signed it and that's all I know about 

it. The next thing I know we had some boys ruled ineligible.
Q. As a result of that what happened to the school?

A. We were placed on probation for a period of one

year, strict probation, and we were not entitled to the champior 
ship and dropped — -

Q. ---And at the time —
A. —  we were not entitled to play for the championshi

and then we were knocked out of that and we were not allowed
to participate in athletics or any tournament for one full year 

We could play our regular games. We were disgraced, really.

We were disgraced.
Q. Well, since that time, since Mr. Stewart is no 

longer there, will you tell the Court if the athletic department 
has made any progress?

A. Not only the athletic department, but we have 

made great strides in the whole school system.

BY MR. BANKS:
Objection.

BY THE COURT:
Sustained.

BY THE WITNESS:
Tremendous strides.

BY THE COURT:

Wait a minute. I sustained the objection. I den 't thinl
RO BERT L . D A N IE LS , JR.

^  2 4  ' /  OFFICIAL COURT REPORTER
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that is relevant. Proceed.

That's all.

BY THE COURT:
Cross examination.

CROSS EXAMINATION

BY MS. McDADE:

BY MR. BANKS:
Q. Coach Brown —  hand him D-l. Is this the list 

you are talking about?
A. This is probably the list. I mean, I recognize the 

names of these boys here on this year and I think it was 1971 
and this appears to be a copy of the list that I turned in to 
him probably in pencil writing, of Just the boys' names. Any 

way, this appears to be a list of the boys' names that I turned 

into the principal.

Q. Understand you didn’t give him the dates of birth?
A. I might have, but I might have gotten the boys to 

put what grade they were in and I might have gotten the boys 
to tell me how many years they have been in high school, or how 
many credits they have gotten, but if I did, that was Just from 

w hat the boys told me. The boys could be mistaken on that 
because all that comes out of the principal's office. What I 

am stating is, I turned this information, whatever I collected 
from the boys into the principal.

Q. For verification.
RO BERT L. D A N IE LS , JR.

" L  2 4  S  0 F F IC IA L  C O U R T REPORTER
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A. Then the principal, it is his job to take it and 
check it with the permanent records, get it typed up and be 

sure that everything is O.K., and he signs it and then I sign 

it. Whether or not this information was correct or not, I 

didn't have any way of knowing.
Q. But you might have turned this information in?
A. I turned in the names to the principal.
Q. The information might have been turned in about thel 

date of birth which you would have gotten from the boys and 

it wouldn't have come from the cumulative records?
A. I probably didn't turn that in because it comes 

from the cumulative records. Do you understand what I am saying
Q. You just got through testifying that you might have 

talked to the boys and found out what grade they were in and wha 
their date of birth was?

A. I might have asked them that, but I don't know if 

it was right.

Q. This is in 1971 and this is the one you are talking 

about, right?
A. It was 1971, but he was the man who checked it out. 

BY MR. BANKS:
No further questions.

BY MS . Me DADE :

That's all.
BY THE COURT: You are excused. (WITNESS EXCUSED)

RO BERT L . D A N IE LS , JR.L 240 O F F IC IA L  C O U R T REPORTER
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>-* . » t i  <Ai~ * • • . J-7j  - • .’"Itw .'i-i 'i . rh iti.;  -

MR. LAYMAN ALEXANDER. was thereupon called as a witness 

and having been duly sworn, testified on his oath on behalf of 
the defendants, as follows:

DIRECT EXAMINATION

BY MS. MeDADE:
Q. State your name and address to the Court please?

A. My name is Layman Alexander, Route 1, Dekalb, 

Mississippi.
Q. Mr. Alexander, do you have any connection at all wit 

the Kemper County public school system?

A. I do.
Q. Tell the Court what that is?
A. I am counselor for Title I.
Q. Title I counselor. As Title I counselor did you 

work in the West Kemper High School?
A. I do.
Q. Will you tell the Court what your duties are there?
A. I do all the testing for grades five through twelve, 

achievement tests.
Q. Now, Mr. Alexander, when you do these checks is it 

required that you have the cumulative or permanent records of 

the students when you so perform these duties?
A. I place the test scores on the records.
Q. Now, will you tell the Court where in that school 

when Mr. Stewart was principal, where those records were kept?

< 250 RO BERT L . D A N IE LS , JR.
O F F IC IA L  C O U R T REPORTER

G U LFP O R T, MISSISSIPPI iVC



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1 A. When I first went over to the school the teachers 
had the cumulative records in the classrooms somewhere.

Q. In the classrooms?
A. Yes.

BY THE C CURT :
About what year was this?

BY THE WITNESS:

The year? The year the school was integrated. Back 

in 1971.
BY MS. McDADE: (continuing)

Q. In 1971?
A. Yes.

Q- Are you still working in that same position, Mr. 

Alexander?
A. I am working as Title I counselor now. I wasn’t 

at that time.

Q. Do you know now where those records are kept?
A. Yes. They are kept in the vault in the office there 

in a file cabinet.
Q. Mr. Alexander, will you state to the Court if you 

know, how many changes that you have had in school positions 

since we were under Court order?

A. I can name them. I don’t know how many times. I 

\es assistant principal at East Kemper High School which was 
Spencer High School when the Court order came about. It was

RO BERT L . D A N IE LS , JR.
- t .  S i l l  OFFICIAL COURT REPORTER

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Spencer then. It is East Kemper now. I left there in January 

of ‘70, I believe, and came to Dekalb High School. I stayed 

there until the fall of ’ 70 and then I went to what is now 
West Kemper High School. Then in '71 I went to the Career Offic 

and I worked there until ’73 and in '73 I became the Title I 

counselor.
Q. What is your education, do you have an admistrative 

certificate?
A. I have an "a " certificate in social studies and a 

double "A" certificate in school administration and a double"a " 

certificate in supervision administration and a double "a " 

certificate in guidance and fifteen hours above on my education 

specialist degree.
Q. Mr. Alexander, were you unhappy with all these chang 

these various positions that you held?

BY MR. BANKS:
Objection, Your Honor ---

BY THE WITNESS:
Y e s ---

BY THE COURT:
—  Wait, don't answer the question when an objection is 
made, until I rule on the objection.

BY MR. BANKS:
I object to that.

BY THE COURT:
V* £ 5 2  ROBERT L . D A N IE LS , JR.

OFFICIAL COURT REPORTER
GULFPORT, MISSISSIPPI O  -



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Ms. McDade ?

Yes, sir?

BY THE COURT:
He objected to it and I am giving you a chance to reply 

BY MS. McDADE:

BY MS. McDADE:

Well, I just wanted his viewpoint of whether or not 

he was happy, Your Honor.

BY THE COURT:
I don't really see the relevancy of that.

BY MS. McDADE:
It doesn't matter, I withdraw the question. 
That's all.

A. Ever since 1956.

Q. When you moved in 1970 to Dekalb High, what position

BY THE COURT:
All right, cross examination

CROSS EXAMINATION

BY MR. BANKS:
ft; Mr. Alexander, how long have you been In the Kemper

County School System?

did you hold over there?
A. I was assistant principal

Q. Assistant to whom?
A. Mr. Mitchell

253 RO BERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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Q. This same Mr. Mitchell who is now superintendent?

A. Yes.

Q. When you moved from Dekalb High over to West Kemper 

High School, what position did you hold over there?
A. I was one of the principals there.
Q. One of the principals?
A. Yes.
Q. What kind of principal were you over there?

A. Supposed to have been junior high school.

Q. And you were there one year?

A. One year.
Q. Seventy and seventy-one?
A. Right. Correct.
Q. Then you moved to Career Education?
A. Career Education.
Q. Now, you say you found the cumulative folders in 

the teachers’ classrooms, that was the year you were there in 

‘70-’71?
A. They weren't in a centrally located place. Some of 

them were but some of them were out. I was helping the principa 
doing some counseling work and we had to get the eleventh and 
twelfth grades folders up and I was told where they were and 

I brought them down in the office.

BY MR. BANKS:
No further questions.

RO BERT L . D A N IE LS , JR.
2 5 4  OFFICIAL COURT REPORTER

GULFPORT. MISSISSIPPI
/

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No further questions. That's all.

BY THE COURT:
Witness excused.

(WITNESS EXCUSED)

BY THE COURT:
Walt one minute, Mr. Alexander, what race are you 

for the record?

BY THE WITNESS:
Black.

BY THE COURT:
All right.

(WITNESS EXCUSED)
MR. LYPHUS WATKINS, was thereupon called as a witness 

on behalf of the defendants, and having been duly sworn testi­
fied on his oath as follows:

DIRECT EXAMINATION

BY MS. MeDADE:
Q. Mr. Watkins, do you perform any particular function 

or work with the West Kemper High School in Kemper County?

BY THE COURT:
State your name for the Court.

BY MS. MeDADE: (continuing)
Q. Oh, state your name and address for the Court please 
A. Lyphus Watkins, Dekalb, Mississippi.

BY MS. MeDADE:

t -  ROBERT L . D A N IE LS , JR.
-  OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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Is that L-Y-P-U-S?

BY MS . Me DADE:
Your Honor, he can't hear too well.

BY THE WITNESS:
L-Y-P-H-U-S.

BY THE COURT:
All right, that is incorrect in the pretrial order.

What was your address?

BY THE WITNESS:

Dekalb.

BY THE COURT:
All right.

BY MS. MeDADE: (continuing direct examination)
Q. State what work you do perform in connection with 

the West Kemper High School?
A. Trustee.
Q. Do you have a Board of Trustees there in conjunction 

with that school?
A. Yes, M'am.
Q. You said you do have a Board of Trustees where that 

school is concerned?
A. Yes, Ma*m.
Q. And it consists of how many people?

A. Five.

BY THE COURT:

A. ROBERT L. D A N IE LS , JR.
Q O  OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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Q. And what position on that Board do you hold, Mr.

Jatkins?
A. Chairman of the Board.

Q.
balking to 

School and 
and worked 

A.

You are Chairman of the Board. Mr. Watkins, I am 

you about your connection with West Kemper High 
I want to know if you, as trustee, have followed 

with other trustees in that school?

Yes.
Q. Would you state to the Court what condition that

school is in now and how you see it as it is?

BY MR. BANKS:
Objection. That is totally irrelevant, Your Honor.

BY MS . Me DADE:
It isn’t either.

BY THE COURT:
Just a minute, I ’ll give you an opportunity to respond. 

All right, go ahead.

BY MS. McDADE:
Your Honor, I am of the opinion it is very important, 

the status of this school now and the status that i+ 

was back there when Mr. Stewart had it and it ■» 

important. I think he is in a position tr 

since he is chairman of the Board of r 

covers the school there.

BY MR. BANKS:
___ RO BERT L . D A N IE LS , JR.

i .  9  ^  ^ 'O F F IC IA L  COURT REPORTER
U t  GULFPORT, MISSISSIPPI



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Your Honor, it is totally irrelevant as to whether or 

not the school has either improved or deteriorated since 

Mr. Stewart was relieved of his duties there. It could 
have improved under Mr. Stewart and it could have deter­

iorated under Mr. Stewart had he stayed there. What hap 
pened since Mr. Stewart left is irrelevant to Mr. Stew­
art's performance at the time or to the motivation for 

him being relieved of his duties at the time. The 

School Board certainly could not have predicted that the 
school would be in any condition, better or worse today. 

BY THE COURT:
I am not of the opinion that it is relevant, but I'll 
let you make your record and reserve ruling on it.

BY MS. McDADE: (continuing direct examination of Mr. Watkins)

Q. Go ahead and state.
A. I think it has improved a great lot.
Q. And you trustees are very pleased with this school 

as it is?
A. Yes, very pleased.

BY MS. McDADE:
That's all.

BY THE COURT:
Just a minute, Mr. Watkins. Cross examination?

BY MR. BANKS:
No questions, Your Honor.

v_ 258
RO BERT L . D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT. MISSISSIPPI



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The Court has no questions. You are excused. 
BY MS. MeDADE:

If the Court please, defendants rest.
BY THE COURT:

All right.

BY MR. BANKS:

BY THE COURT:

In rebuttal, Your Honor, I call Mr. L. C. Clark.

MR. L, C. CLARK, was thereupon called as a rebuttal
witness on behalf of the plaintiff, and having been duly sworn, 
testified on his oath as follows:

Q. State your full name, Mr. Clark?
A. L. C. Clark.
Q. Where do you live?
A. Dekalb.

Q. Do you know Mr. E. F. Stewart?
A. Yes.

Q. Do you know Mr. Mitchell?
A. Yes, sir.

Q. I call your attention to the spring of 1973 and ask
you whether or not you had an occasion to meet with Mr. Mitchell 
regarding Mr. Stewart? You have to speak up so the Court Reporti 
can take your answer. Did you?

DIRECT EXAMINATION
BY MR. BANKS

26lJ
RO BERT L . D A N IE LS , JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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209.

A. Right, yes, sir.
Q- All right, did Mr. Mitchell make any statement to

you regarding the position that Mr. Eldridge was to hold and 
that Mr. Stewart was to hold the following year?

A. Yes, sir.
Q. What statement did he make?
A. He said that Mr. Stewart would be responsible under

Mr. Eldridge and Mr. Eldridge would be responsible to him and 
that Mr. Eldridge would be over Mr. Stewart.

Q. When did he make that statement to you?
A. It must have been —  I dis-remember ~  it must have

been in March.
Q. What was the occasion, did he make it to you on the 

street or in his office or with some people or by yourself or 
when?

A. In his office.
Q. Was there anybody there other than you?
A. Yes, sir.
Q. Who else was there?
A. Mr. Boyd, Mr. Jimmy Boyd.
Q- And who else?
A. Ms. Caroline Reeves.
Q. Who else?
A. Reverend Rush and I can’t recall all but there was

quite a few of them
ROBERT L . D A N IE LS , JR.

O F F IC IA L  C O U R T  R E P O R T ER  
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Q. Well, there were a number of other people other

than you?
A. Yes, sir, I can't recall them all

BY MR. BANKS
No further questions

BY THE COURT
Crcs s examination

CROSS EXAMINATION

BY MS. MeDADE:
Q.What were you doing in Mr. Mitchell's office, Mr. Clark*;

A. I was permitted to go up there.

Q. That's not what I mean, what was your business there
A. We were trying to get Mr. Stewart placed back to 

our school.
Q. Now, Mr. Clark, did you know that at that very time 

that you went in there that Mr. Stewart had signed his contract 

to be principal over at West Kemper Elementary School and had 

asked the Board to give him that position?

A. No.
Q. You didn't know that?
A. No.
Q. Would you have been in that office that day had you 

known that Mr. Stewart had requested the Board to give him that 

position over there and the Board did what he asked them to do 

and he contracted with them for the job?
RO BERT L. D A N IE LS , JR.

O f - 1  I O F F IC IA L  C O U R T  REPORTER
-*•  GU LFPOR T, MISSISSIPPI



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A. No.

That1s all.

BY THE COURT:
Redirect?

BY MR. BANKS:
No further questions.

BY THE COURT:
You are excused.
MS. IRMA B. JONES, was thereupon called as a rebuttal 

witness on behalf of the plaintiff, and having been duly sworn 

testified on her oath as follows:
DIRECT EXAMINATION

BY MR. BANKS:

BY MS. MeDADE:

Q. State your full name, Ms. Jones?
A. Irma B. Jones .

Q. Where do you live?

A. Here in Meridian.
Q. Have you ever worked in the Kemper County Schools? 

A, I have.
Q. Do you work there now?

A. Right.
Q. What is your position there now? 
A. Secretary.

Q. Secretary to whom?
ROBERT L. D A N IE LS , JR.

n p n  OFFICIAL COURT REPORTER
i -  Cj GULFPORT, MISSISSIPPI



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212.

A. West Kemper Elementary.

Q. To Mr. Stewart?
A. That's right.

Q. How long have you been Mr. Stewart's secretary?
A. Since 1967.

Q. Since 1 9 6 7 . Tell me, Ms. Jones, do you know where
since 19 6 7 the cumulative records of students have been kept

by Mr. Stewart at that school?
A. At one time the teachers kept them in their class-

rooms under lock and key.

Q. Where under lock and key in their classrooms?
A. In a file cabinet.

Q. When did this change?
A. When the school was integrated in 1970.

Q. Where were they kept after 1970?
A. They were kept in the principal's office under lock

and key.

Q. Where under lock and key?
A. In a file cabinet.

Q. State whether or not you kept enrollment cards on

students?
A. We did keep enrollment cards.

Q. Where were they kept?
A. In the principal's office.

Q. Was the schedule on the cards?

-V
Q p o  ROBERT L. D A N IE LS ,  JR.
L O U  o f f ic ia l  c o u r t  r e p o r t e r

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A. That's right, the schedule was on the enrollment

cards.
Q. With regard to lunch room receipts and other receipt 

did you have any books of account?

A. We did.
Q. What books of account did you have?
A. We had a ledger. A ledger that we kept the books in 
Q. Are you familiar with a report made in 1972 or 

early '73 regarding the keeping of lunch room accounts?

A. That's right, I am.
Q. Will you tell the Court what the problem was at 

that time?
A. Well, during the summer months there are a few 

transactions and invoices that are coming in that wasn't posted 
at the end of the school year but they were posted at least 
by the end of the first semester and at the end of the school 
year all records, and transactions and reports were posted in 

the ledger.
Q. Did you maintain a ledger at all times?

A. Yes, we did.
Q. Tell me whether or not you had any tickets for 

athletic events?
A. We had plenty of tickets for athletic events. 

BY MR. BANKS:
That's all.

■v
O BERT L. D A N IE LS ,  JR.

FFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI



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Cross examination.
CROSS EXAMINATION

BY THE COURT:

BY M S . MeDADE:
Q. You said you waited until the end of the year and 

then you posted your ledger?
A. At the end of the first semester. At least by the 

end of the first semester.
Q. You complete it and then at the end of the first 

semester you post it?
A. Just before.

Q. Who kept those books, you?
A. I did.

Q. You kept them on the football concessions and 

gate receipts?
A. I kept those.
Q. All athletic events and lunch room and all that?
A. That' s right.
Q. You did all that ledger work yourself?

A. That * s right.
Q. Do you know where those books are?

A. We left them in the high school.
Q. Now, what brought about a change in 1970 when you 

say these permanent records were kept before 1970 in the class­
room teachers' rooms and in 1970 you moved them to the principal

office? RO BERT L . D A N IE LS , JR.
O  R  ^O F F IC IA L  COURT REPORTER

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A. That' s right. 

Q. Why?
A. Well, that's when the school integrated and that's 

when we moved them to the office.
Q. Well, what difference would it make about a permanen 

record whether the school was integrated or not, where you kept 
the permanent record? What difference would it make where they 

were kept?
A. They were under lock and key regardless of where 

we kept them.
Q. Why did you keep them in the teachers' class rooms 

up until 1970?
BY MR. BANKS:

Objection. I don't see how she could know the reason 

why.

BY MS. Me DADE :
Well, I don't know that.

BY THE COURT:
If she don't know the reason she can say she doesn't. 

Just a moment.

BY MR. BANKS:
She was the secretary and she didn't establish the 

policy.

BY THE COURT:

Just a moment. If you know the answer to that you can
ROBERT L. D A N IE LS ,  JR.

OFFICIAL COURT REPORTER 
GULFPORT, MISSISSIPPI J A



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answer it and if you don’t know, so state.

I don't know.

BY THE COURT:

All right, let’s proceed.
BY MS. McDADE:

Q. But you do know they were moved up to your office
in 1970?

A. That' s right.
Q. Is that when you started work there?
A. No, it is not.

Q. You were working there prior to 1970?
A. In ’ 6 7 I started.

Q. And you don't know why they were kept in '6 7 up to 
'7 0 in the class room teachers’ rooms?

A. No, I do not.
BY MS. McDADE:

That's all.
3Y THE COURT:

Redirect?
BY MR. BANKS:

No redirect, Your Honor. We call Ms. Fena Jones.

MS. FENA JONES, was thereupon called as a witness in 
rebuttal on behalf of the plaintiff, and having been duly sworn, 
:estified on her oath as follows:

BY THE WITNESS:

RO BERT L. D A N IE LS , JR.
■ O P '7  OFFICIAL COURT REPORTER

v (~i\J I GULFPORT, MISSISSIPPI



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DIRECT EXAMINATION

Q. State your full name, Ms. Jones. 

A. Fena Harry Jones .
Q. Where do you live?

BY MR. BANKS:

A. Philadelphia, Mississippi.

Q. Are you employed?

A. No.

Q. Were you employed?
A. No.

Q. I said, were you employed? Have you ever been

employed?
A. Oh, yes, I have.

Q. Were you employed in the Kemper County School

District?
A. Yes, I was.

Q. Where were you employed in the Kemper County School

District?
A. Whisenton High School.

Q. Who was your principal there?

A. Mr. Stewart.

Q. Are you now retired?

A. Yes.

Q. When did you retire, Ms. Jones?

A. In 1973. Nineteen hundred and seventy-three.
ROBERT L. D A N IE L S ,  JR.

O P R  0FFICIALC0URT REP0RTER '0
GULFPORT, MISSISSIPPI < 2 ^ /



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Q. How long were you at Whisenton before you retired?
A. Eighteen years.
Q. The question has arisen as to the keeping of cumu­

lative records. Do you know where the cumulative records were 

kept?
A. I kept them in a file cabinet, a steel file cabinet 

under lock and key.
Q. In your classroom?
A. That's right.
Q. Those were cumulative records for your home room 

students?
A. That' s right.
Q. Did they change that procedure at any time?
A. I kept them until they integrated the schools and 

after the school was integrated they took them to the office, 
to the assistant principal's office, Mr. Herrington.

Q. Did you teach in the junior high part, the elemental 

section of the school?
A. The last two years, yes.
Q. Those records that you took to Mr. Herrington, were 

they elementary section records?
A. That' s right.
Q. Where were they kept by Mr. Herrington?

A. In his office.
Q. Where in his office?

ROBERT L. D A N IE L S ,  JR. >p

2 B 9 officialcourt reporter > j
GULFPORT, MISSISSIPPI

218 .



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A. I think he had a cabinet here where he kept them.
Q. Was there any —  how were the cumulative records 

handled, was there any laxity in handling the cumulative records
A. What?

Q.
records?

Was there any lacity in handling the cumulative

A. No.

Q. Were they kept safe?
A. Yes.

Q.
records?

The students were not allowed to tamper with the

A. No.

Q.
records?

What was Mr. Stewart's attitude towards keeping thos

A. Well, when we would get ready for them we would have

to go to the principal.

Q.
office?

That was after they were kept in the principal's

A. Yes, sir.

BY MR. BANKS:
No further questions.

CROSS EXAMINATION

BY MS . Me DADE:
Q. What did you do where they were concerned before 

they went to the principal's office? Did you go ask him could
RO BERT L . D A N IE LS , JR.

O ’V t )  OFFICIAL COURT REPORTER
“  * U  GULFPORT, MISSISSIPPI



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you go and get them out of your office?
A. Out of his.

Q. You said you kept them in the classrooms prior to
1970.

A. I did.

Q. When you had need for them or wanted them, how 
did you get them then?

A. I would get them myself.
Q. You got them yourself?
A. Yes.

Q. Well, what made you move them out of your office, 
out of the classrooms to the principal’s office?

A. Well, when they integrated the schools it was the 
policy to keep the records in the office.

Q. You mean prior to integration of the schools, it 
was not —  the records were not to be kept in the principal's 
office but the classroom teachers simply kept them?

A. No, after it was integrated we had to take them 

to the assistant principal's office, Mr. Herrington, the elemen­
tary teachers.

Q. Could you state to the Court what difference it made 
whether you were integrated or not with reference to where the 
records were supposed to have been kept?

A. No. No.

Q* You don't know, do you?
O'7 1 ROBERT L. D A N IE LS ,  JR. 
*"’ *■ * •  OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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A. No.

Q. What grade did you teach?
A. The fifth,the last two years, I taught the fifth

grade.
Q. What is your education.

A. Elementary.
Q. What is your education, where did you go to school? 

What college?
A. Russ College.
Q. You got a B.S. degree?
A. Yes.
Q. And you taught fifth grade over at what used to be 

called Whisenton?

A. That' s right.

BY MS. MeDADE:
That's all.

BY THE COURT:
Redirect?

BY MR. BANKS:
No redirect, Your Honor.

BY THE COURT:
You are excused. Call your next witness.

BY MR. BANKS:
Indulge me just a second. We rest on rebuttal.

BY THE COURT:

2 2 0 .

272 RO BERT L. D A N IE LS , JR.
OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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I am going to ask Mr. Stewart to come back on the stand

for one moment. I have got one question.

MR. E. F, STEWART, the plaintiff, was thereupon recalled 
as a witness by the Court, and testified on his oath as follows: 

BY THE COURT:
Q. Mr. Stewart, you were in the courtroom for the 

testimony of Mr. John Russell Dudley, with the County School 

Board, you heard him testify? Mr. John Russell Dudley, Jr.?
A. Yes.

Q. He testified that he told you you could be co-prin­

cipal, as I understand it, and you said that you had rather have 
a school of your own where you would be the sole principal rathe 
than be co-principal. I don’t recall any testimony that you 
ever stated whether you were told by a member of the Board of 
Education that you could be co-principal as opposed to Mr. 
Eldridge being administrative principal.

A. I wasn't told that.

Q. You were not told that?
A. No, sir.

BY THE COURT:
That's all I had, just that one question. Do either
counsel have any questions?

CROSS EXAMINATION

BY MR. BANKS:
Q. You say you were n ot told that?

2 7 3

RO BERT L . D A N IE LS , JR.
OFFICIAL COURT REPORTER

GULFPORT. MISSISSIPPI



2 2 2

A. I was not told that. In other words, the co-principal 
was never mentioned in none of our conversations.

Q. I ask you, Mr. Stewart--
A. —  But an over-all principal, now, that was constant­

ly mentioned.
BY THE COURT:

I understand that testimony.
BY MR. BANKS: (continuing)

Q. Now, your situation in '72-'73 was that of sole 
principal of the high school, is that correct?

A. Yes, sir.
Q. And you were not approached with the question of 

being a co-principal?
A. It was never mentioned. Board member or superintendent 

or nobody ever mentioned a co-principal.
Q. But was it your desire or not your desire to remain 

sole principal, solely in charge of the high school?
A. I couldn’t say that I wouldn't work as c o -- I

believe I mentioned it to them. I mentioned it. I told the 
Board that I wouldn't work if they put mr. Eldridge over me but 
I never did tell them I wouldn't work if he was there with me.
That was the statement made, but otherwise no other statement 
was made with reference to it.
BY THE COURT:

I understand. I just wanted to get your testimony.
RO BERT L. D A N IE LS , JR.

V  7 dr O F F IC IA L  C O U R T  REPORTER ^  '1
GU LFPOR T, MISSISSIPPI

9



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. . . .  J « ■;>- -| •* j -̂~/ • /- •> . ■- __ ^ ; - • -f . - ■- • •' y ' V - 1. V-;. •• - '

BY MS.

Ms. McDade, do you have any questions? 
MeDADE:

I have no questions.
BY THE COURT:

BY MS.

All right, you are excused. I just wanted to make that 

clear. I did not recall whether if you had been asked 
to serve as co-principal.

MeDADE:

We would like to call some people here in surebuttal

to what they have brought nn here by these last witnesse 
that they put on in rebuttal.

BY THE COURT:

BY MS.

Well, that is very unusual. I am not even familiar with 

that procedure in the Federal Court.
MeDADE:

Well, if it is not proper then I wouldn't want to do it.
BY MR. BANKS:

They gave very specific testimony in that regard.
BY THE COURT:

BY MS.

Well, normally it stops with rebuttal unless it is
just something ---

MeDADE:

--- Very well.

BY THE COURT:

That is the normal procedure.
^  ROBERT L. D A N IE L S ,  JR.

OFFICIAL COURT REPORTER ^  ~  
GULFPORT. MISSISSIPPI . - D  - J



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BY MS . Me DADE:
That’s something he just brought up on rebuttal which 
really should have been brought up on direct, but that’s 
all right.

BY THE COURT:
Well, I think it was proper rebuttal. It dealt with 
things that you brought out on cross examination of 
his witnesses and particular of your witnesses concern­
ing, primarily, it dealt with these records and where 
they were kept and so forth. Of course, you could 
have objected to any matter which you felt was not 
proper rebuttal at that time.

BY MS. MeDADE:
I should have at that time, but that's all right.

BY THE COURT:
As I recall, those witnesses did deal with where these 
records were stored and you did go into that on examina­
tion of your case in chief as to where these records 
were kept.

BY MS. MeDADE:
Yes, I did. All right.

BY THE COURT:
All right, is there any further business to come before 
the Court? All right, Ms. McDade, I understand you 
have requested a transcript of this hearing?

*) "p r»  ROBERT L. D A N IE LS , JR.
^  I  O  OFFICIAL COURT REPORTER

GULFPORT, MISSISSIPPI



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BY MS. MeDADE:
Yes, I requested a transcript.

BY THE COURT:
All right, in light of that I am going to give each 
of you additional time in which to present your 
proposed findings and conclusions to me so you will 

have the benefit of that transcript.

BY MS. MeDADE:
I very much would appreciate that, Your Honor.

BY THE COURT:
The Court Reporter informs me that he can probably have 
it out by the 7th of November, the transcript of these 
proceedings, so I will give you ten days after that.

Do you think that will be sufficient, until the 17th 

of November? Monday? Is that agreeable?

BY MR. BANKS:
Yes, Your Honor, that will be fine. 

BY MS. Me DADE :
That will be find.

BY THE COURT:
Is that sufficient time? All right, fine, I will expect 

to have your proposed findings and conclusions with 

reference to the testimony —  I don't know whether 
Mr. Banks desires a copy or not, it is not necessary 

but it is helpful. All right, Court is adjourned.

277
(COURT ADJOURNED)

ROBERT L. D A N IE LS ,  JR.
OFFICIAL COURT REPORTER 

GULFPORT, MISSISSIPPI



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226

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION

CIVIL ACTION NO. S7^-33(N)

EUGENE FRANK STEWART,
Plaintiff.

v.
BOARD OF TRUSTEES OF KEMPER COUNTY 
SCHOOL DISTRICT, ET AL.

CERTIFICATE OF COURT REPORTER 

I, Robert L. Daniels, Jr., Official Court Reporter for

the United States District Court for the Southern District of 
Mississippi, appointed pursuant to the provisions of Title 

28, United States Code, Section 753, do hereby certify that 
the foregoing is a full, true and correct transcript of pro­
ceedings had in the within-entitled and numbered cause on the 
date hereinbefore set forth; and I do further certify that 
the foregoing transcript has been prepared by me.

Robert L. Daniels ,, Jr., 
Official Court Reporter

0 -y .-j ̂ ROBERT L. DANIELS, JR.
(L  / o d f f ic ia l  c o u r t  r e p o r t e r

GULFPORT, MISSISSIPPI
i■



UNITED STATES DISTEICT COURT 
SOUTHERN DISTRICT OF MISSISSIPPI 

EASTERN DIVISION
CIVIL ACTION NO. #74-33(N)... _ _

Eugene Frank Stewart 
v.
Board of Trustees of Kemper 
School District, et al.

4
; .-f ,W; S

E X H I B I T S
October 28. 1975

NUMBER
P-1

D-l
P-2
D-2
D-3

D-4

D-5

D-6

D-7

D-8
D-9

D-10

DESCRIPTION____________SPONSOR_________ID. EVID ■
E.E.O.C. Letter of deter- E.F.Stewart 
mination and Right to Sue.
March 29, 1974.
Eligibility List
Enrollment Card
Records of Students
Letter from State Dept, 
of Education, 2/27/73 
with attachments.
Contract of Employment 
March 12, 1973 '
Contract of Employment 
June 11, 1973
Recommendations for 
rehiring, 74-74 & 75-76
Contract of Employment 
May 15, 1975
Examination Schedule

E.F.Stewart # 
E.F.Stewart 
E.F.Stewart # 
E.F.Stewart #

E.F.Stewart # 

E.F.Stewart # 

E.F.Stewart # 

E.F.Stewart # 

E.F.Stewart #
Certified Copy of Bd. of
Education Minutes, Feb.'71 E.F.Stewart #
Statement from Stump Ptg.Co. E.F.Stewart # 
with letter and itemized 
account.

X

X

 ̂ 2 7 9



o )

Page 2.
Cause No. E74-33(N)

NUMBER________DESCRIPTION______________SPONSOR ID. EVID,
D-ll The '74 Wildcat (Annual) E.F.Stewart #
D-12 Financial Statement of E.F.Stewart 

1972 Football season
#

P-3 Opinion of Fifth Circuit 
Court of Appeals of 9/10/70, 
USA v. Kemper County School 
Board, et al.

X

D-l thru D-12 For Identification, now in evidence X
(Attorneys given permission to submit additional exhibits)

WITNESSES FOR PLAINTIFF
1. E. F. Stewart, Plaintiff, Dekalb, Ms.
2. L. B. Mitchell (Adverse), County Superintendent of Education.
3. George Bradley, Supervisor of Investigations with E.E.O.C.
14. Jimmy Boyd, Jr., Dekalb, Ms. (Former student)

WITNESSES FOR DEFENDANTS
1. L. B. Mitchell, (recalled)
2. Mrs. Richard McLeary, County Coordinator for Kemper Cty.Schools.
3. Wendell Cotton, Route 4, Box 75, Dekalb, Ms.
4. J. R. Dudley, Jr., Scooba, Ms. 39358.
5. Billy Brown, (Athletic Dir.) Dekalb, Ms.
6. Layman Alexander, Route 1, Dekalb, Ms.
7 Lyphus Watkins, Dekalb, Ms.

REBUTTAL WITNESSES FOR PLAINTIFF
5. L. C. Clark, Route 3, Box 170, Dekalb, Ms.
6. Irma Jones, Meridian, Ms. (secretary)
7. Fena Jones, Philadelphia, Ms. (retired)

WITNESS CALLED BY THE COURT 
1 E. F. Stewart, (plaintiff), Dekalb, Ms.

2 8 0



STYLE OP CASE: DIVISION: EASTERN
CIVIL ACTION NO. E7**-33(N)
Eugene Frank Stewart 
v.
Board of Trustees of Kemper County 
School District, et al

APPEARANCES:
FOR PLAINTIFF: FOR DEFENDANTS:

Fred Banks 
P. 0. Box 290, 
Jackson, Ms.

Helen McDade,
P. 0. Drawer 100, 
Dekalb, Ms. 39328

HEARING ON
Merits.

TRIAL: COURT / X / 6 Hrs.

PLACE OF HOLDING COURT: Meridian, Mississippi
JUDGE PRESIDING: Honorable John M. Roper
COURT REPORTER: Robert L. Daniels, Jr.
DATE: October 28, 1975

ACTION TAKEN:
Taken under advisement. Parties given until 
November 17, 1975 to furnish proposed findings 
of fact and conclusions of law.

R. Daniels
DEPUTY CLERK PRO TEM.

«• 281
m



STYLE OF CASE: DIVISION:
CIVIL ACTION NO. E74-33(N)
Eugene Frank Stewart 
v.
Board of Trustees of the Kemper Co. School District, et al

APPEARANCES:
FOR PLAINTIFF(S):
Fred L. Banks, Jr. 
P.0. Box 290 
Jackson, Ms. 39205

FOR DEFENDANT(S):
Helen J. McDade 
P.O. Drawer 100 
Dekalb, Ms. 39328

HEARING ON / X / Motion of Plaintiff for Additional Discovery 
and to Compel Discovery.

X PRE-TRIAL:
CHAMBERS

Hours 05 Minutes X MOTION: Hours Minuteo

TRIAL: COURT / / Hrs. Mins. JURY J / Hrs. Mins.

ISSUE JOINED: 7/19/74

PLACE OF HOLDING COURT:
JUDGE(S) PRESIDING:
COURT REPORTER:
DATE(S):
ACTION TAKEN:

Granted. Interrogatories to be fully answered by 4/9/75. 
Both sides will then have 30 days additional discovery 
period. Pretrial Order due 5/19/75.

Meridian, Mississippi 
Honorable Walter L. Nixon, Jr.

March 26, 1975

R. Capuano 
DEPUTY CLERK



' 0 f .
IAl " IN III • I ( >1 Mr I

r n i ' A t  k M i l  ’  • M l  f " H l l N l l t  t  ' M I S S I O N

" ' ai«,t < 'ft. si ' ono i loon
J A L K t i O l f ,  J J J O I

\3 ,<  \
MarVh 29, 1974

X

c-
E. F. Stewart^*
P .  0 .  B o x  2 30
Dekalb, Mississippi 39328

■ 7ft,
In reply refer to; 
Case No. YJA4-424 
Cliarye No. TJAJ-065J
Charging Party

Kemper County School System Respondent
c/o City Hall
Dekalb, Mississippi 39.328

Determi nation I -----------
Under the authoiity vested in me by 29 CFR 1601. 19b(d) 
(September 27, 1972) I issue, on behalf of the Commission, 
the following determination as to the merits of the subject 
charge.
Respondent is an emplo-, t  > ithin the meaning of Title VII, 
and the timeliness and all other jurisdictional requirements 
have been met.
Respondent, as of April 15, 1973, employed 118 teachers, of 
whom 79 (67 percent) were Black. A total of 2,060 students 
attended Respondent schools, of whom 1,754 (85 percent) were 
Black. Respondent serves Kemper County, of which 55 percent 
of tire population is Black.
Charging Party alleges that he was demoted from the position of 
High School Principal, a position he had held for 20 years, to 
Principal of an Elementaly School, because of his race. 
Respondent denies that this was the reason for the switch of 
Charging Party from a High School to an Elementary Principal.
The evidence indicates that Charging Party was first employed 
by the Kemper County School System as a High School Principal 
for Whisenton High (now West Kemper High), one of five all 
Black High Schools. Whisenton became the only Black High School 
in 1958, but Spencer High School (now East Kemper Hign School) 
in Scooba, Mississippi, was formed a year later and also served 
only Black students. As late as the 1967-68 school year, 
Respondent continued to maintain a totally segregated school 
system.

EXHIBIT A

CAUSE HO. 
EXHIBIT NO. 
WITNESS. 
PAGES

1<VT5

DiiriiD y m u m s t
SOUTHERN DISTRICT OF MISSiXSmrt
Robert L. Daniels. JR..

- £ *H a** <-f

2 8 3

4



r ; v - r  •m g  the students w i ’ c o m  Mined to r completely
integration” "!,.'V,” .V T ” ?c,,0",• l l>''  ̂irll'VtuLT*9™*- another k,,* .. , ., , ( ' 1 ’Vimj ri,i<JSn,. f stucicnt
tile time of this i' ,l:’s . ,',,,".t i tied totally school to
(the exeep , „ ’V,T U  < a < > hut o < U M rnco- A« of
s t i l l  concentrated /i °"° '“'ndod hy tl.e C r s?,,00*s class most- ni i  ̂,c romaininc/ White sfni 9 ln9 *’arty) 
Principal at ™  "V ""it, t ,achlr ‘" ‘n° “ “

* -  “  -■ - -
during tiie 1 9 7 2 - 7 3  s -̂u^ents.
previouslyereee i °f , ̂ ^ ^ t ’dornl' a n V t ^ s t f  t aT Hespondcnt would

t»> whether they coul ;P°'’dont then notified theVm g  year q„ V , d expect to roceivn c 11 teachers as
"light not receive aUc aCk te-d '« ™  r o T ^ I
°f dis— atioVn T̂tSSt. “>* *>«"*». ylaT S i S ^ .

advised

S s £ ;r cdr- - "
a des ire dto°rc tain Pwhtit°Ut °f ^achersreason? ain White teachers) o n  0 because of
(Black teacher°n t° b° dpplicd an a discr imr"! "gly Valid 
County, w h H e  a Wh tCtfinCd because l i v e d l " 8 ° ry Ashton County was rof ^cac^er who also 7 ,,, , lĉ e Kemper
they didn^t k n Jln|Cd because the Principal?^ outside of Kemper 
then agreed f"°? 1 1 v‘’d outside the conn. \" qUCStio" stated
evaluate each t Ju th° entilc Process a ly)‘ Respondent
the process S f r f her on an equal basis III “P Criteria to cess of selecting teachers. ' a"d a^ain 9° through

made9an9inftial' as PrinciPai of the West Ke
-^ s'^ ass'si s i s - * .

lne following criteria;(1)
( 2 )

(3)

—  A,|y v» l  .

N e x t ^ n m f n ^ / ® W  askod to do so 
of U.cir field thoso who Wero teaching out
new contract's 1" ^  hir°d Wore told they may not get

o {persons who were to



Vi

s s v s s ' s y w :nollung concerning the competence o f ? f̂ tJav' t?: t,lat they knew 
-truck the name of a M 1 ack ' toacn er who , ",i h ' U ' t0\C|K’r ’ ^  
for many years (aj though never work, ,a n ,h ° S>'StGmeither Principal) The re e on ,,, U,c s,,m<' school as
tJie Black teacher cJ,d not live in th ^  7 °  swiU:h wa:i that 
wlien tJie issue was raised 7 7 , / I  m ,7 , . Ifc Was 
tile White teacher in question n, L  7  , d<'VG'opod that 
a fact which both Principals assert//!/ ou,sxci<-' the county, 
at the time. They also s ruck the n ti’ey/ erc UnawarG °f teachers who Cluiroinn n,rh ck the names of several Black
With other Black teachers/ lncluded and replaced them

Chargingaparty that 'i^ha^been"decided 7 o  ';JUCation inf°rmed 
retiring)”. lso°d ( 1 ts tarit / r i  ncipal °was
Career Centered liducaUoi/rolrai/h0''*! th° dlroctor of the 
elementary Principal and Title I Office/t aS a"
of Administrative PrinciD, 1 over- , 7, , new Position
and High Schools. Charcinu pJr, ‘>0t ' Wcst KomPor 'Elementary 
Principal of Wes Ke per liigj S c L o /  7 7 7 7 "  h is P ortion as 
Principal, however, wai t" have Hs err™ 0 Adm‘ ^ trati ve 
Charging Party, however, viewed this £flCe 111 the Hl9*> School, 
refused to accept sucf, an a 7 7 „ 7  7  nq°mCnt as a demotion, 
under protest a position as Pri JLmont and eventually accepted

S ? E £ 2  S f ? ; ”„ c ! ; x d!y *•■?, *> P « , ' S b o m ,
prior year the e /  P f tho ElGn'G "tary School. The 
High School Principals PrinciPal« *"d two
Principal to Charging Party was rl, abovo- the Assistant 
education Program was being e l i m , n . 7 7 7  ° Careor Centered 
funds, and therefore it was UecTdcd tn 7 CaUse, of lack of position of Adniini-enHuo r ld d to assign him to the 
tary and High Schools ° Ver both tho Elc“ n-
cated that (die School ‘lioard^a* L.S,Upor 1 "tendont also indi-
Partys performancS? n o ? i £  t h a t c L r ^  7  ̂  Chat'3‘"gPl.cob on probation ptior ?„ „.s

refused to accept the position h o r V  7  1971 ’ having earlier 
by certain teachers that' Charainn p 'I hc bad bocn informed 
with. The Assistant Princi|7 "?H 7 y ,W " hard to 9ct along
by the former Superintendent / h o  ,77°' 7 7  h° WaR aPPr°achcc] System couldn’t get rid of r h , 7  informed him that tlic School 
Order, and that tic f / m|r Sui 7  ,7 '’7 7  ,WCi'u«« « Courtirmcr Suj •rmtendent thought ho was tl,e

- 3 -

2S5

/



• »
only White person who could work with Chaiging Party The 
Assistant Principal i li-nted that lie accepted the posit io 
after Charging I’irty aqteod to sign an agreement that 
liecaim' a part ol liotll of their contracts.

ion only

Respondent Supe r i n t endont lir.ted numerous alleged deficiencies 
in Charging Party's performance, which allegedly justified his 
being supervised by an Administrative Principal and when he 
refused to accept this arrangement , being switched to Principal 
of an blemcnt ary School. However, alleged performance problems 
wore not such as led to any action such as reduction in pay 
Charging Party's performance appears to have been very criti- 
caliy scrutinized and the subjective evaluation of him by the 
S penntendont was in a context of pervasive racism which we 
find still permeates the Kemper County School System.
We find it more than coincidental that the only Principal in 
the system who did not resegregate the White students within 
his school and one of the few Principals who used objective 
dritena in determing which teachers to retain was the one 
Principal. whose status in the School System was to be radi­
cally changed. As indicated above, racial considerations have 
long motivated Respondent's actions toward Charging Party.
This finding i« further buttressed by the fact that the 
Kemper County School System failed to integrate its faculty 
and students for nearly 15 years after the United States 
Supreme Court declared such segregation to be in violation 
of the United States Constitution and then did so only after 
being ordered to do so by a Federal Court; that Res fxiiuient 
continues to condone segregation of White students within its 
School System; that Respondent selected an Assistant Principal 
to work with Charging Party allegedly because, in his words 
he was the only "White" who could work with Charging Party 
and only when this White Assistant Principal retired did 
Respondent decide that Charging Party, who nad been a High 
School Principal for 20 years, was not competent to run the 
school and therefore appointed a "White” to oversee tile 
operation of die High School.
Wc also note that the reason given by Respondent for not 
renewing contracts of several teachers and having a Principal 
whose program was to be abolished was lack of funds While it 
is true that it appeared that Respondent would receive less 
Federal and state funds than the previous year, the record 
also indicates that after the Federal Courts ordered desegre- 
gation of the Public Schools, a private all White school was
established in Kemper County and .... I) White governing body
leduced support of Public Kducation in Kemper County from 25 to 20 mills per year.

In summary, the record supports a finding that race has and
Sch oo 1 U Sv s tp Pljy ‘\T',i° r ml t ' 1,1 th" I”’ I i c i os of Respondent School System compelling Us to credit Clinging Party's allegation

-■1 ■

2 8 6

/



th.it h i •• denmt toil war; at 'east in part because of n is race, 
in viol ii ion f Title 'MI ul tin- Civil lli./litr; Act of l'J64, 
as aim; nil eel. iiir Conuit i ss i. in Dccinion /1-2M1, CC1I EEOC 
llrcisioiin ( 1') 7 I ) , par".' _C 7177
Having determi mil that there in reasonable cause to believe 
tli at lies pond.-n t ha*- engage1 in unlawful employment practices, 
tlie Commission now invites you to join with it in a collec­
tive el' it toward a just resolution ol tins matter. We 
enclose an information sheet entitled "Notice of Conciliation 
Process” for your information. A representative of tnis 
office will contact you in the near future to begin the 
conciliation process.

On behalf of Uic- Commission:

ETv
District Director

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

-5-

2 8 7



\

j

11

•JUN 1 U974
JSP-ni.n nwm 
DJ 109-41-62

REGISTERED MAIL

-j
Mr. E.F. StewarC 
P.O. Box 250
Dekalb, Mississippi 39328

Raj EEOC Charge Against Kemper County School 
System No. YJA 4-424____________________

Dear Mr. Stevartj

Because you have filed a charge against the 
.respondent named above and more than 180 days have 
elapsed since the Equal Employment Opportunity 
Commission assumed Jurisdiction over that charge, 
and no suit based on that charge has been filed by 
this Department, you are hereby notified that you 
have the right to institute a civil action under 
Title VII of the Civil Rights Act of 1964, as 
amended, 42 U.S.C. 2000a et aeq.. against the above 
named respondent.

The civil action must be filed in the appro­
priate United States District Court within 90 days 
of your receipt of this Notice.

If you are unable to retain an attorney, the 
court is authorized in its discretion to appoint an 
attorney to represent you and to authorize commence­
ment of the suit without payment of fees, costs, or 
security. In order to apply for an appointed attorney.

E XH IB IT  B

:

'* /
2 8 8



you may take this Notice, along with any correspondence 
you have receivod from the Department of Justice or the 
Equal Employment Opportunity Commission, to the Clerk 
of the United States District Court in Meridian, 
Mississippi.

Your attorney may arrange with EEOC to inspect 
the investigative file pertaining to your case. Tliat 
file is located in the EEOC District Office, at the 
address below.

In addition, you should be aware that the 
Kemper County School System is under a court order 

i in a lawsuit to which the United States is a party. 
While it is possible that this Department may determine 
to taka further action concerning your complaint in 
connection with these legal proceedings, this should 
in no way affect your decision to pursue your rights 
under Title VII.

We request that you send this Department « 
copy of any complaint initiating suit.

Sincerely
J. STANLEY POTTINGER 

Assistant Attorney General 
Civil Rights Division

By:
DANIEL L. BELL, II 

Attorney
Education Section

cc: Ms Evelyn Falkowski, Director
EEOC District Office 
203 West Capitol St., 2nd Floor 
Jackson, Mississippi 39201

"538 1/2 North Parish St. 
Jackson, Mississippi 39202

2 8 9



jitate of ^isstsstppt
D E P A R T M E N T  O F  E D U C A T I O N  

G. H . J o h n s t o n . S u p e r i n t e n d e n t

D IV I S IO N  O F  A D M I N I S T R A T I O N  A N D  F I N A N C E
W. ■. GRIFFIN.  Director 

P. O. Box 771
J A C K S O N .  M IS S .  3 9 2 0 5
February 27, 1973

Mr. L. B. Mitchell, Superintendent 
Kemper County Schools 
DeKalb, Mississippi

Dear Mr. Mitchell:
Attached you will find a copy of an Administrative Review that 
your School Lunch Area Supervisor made of the school food service 
program on a recent visit to your school.

Please note that the review form covers eight areas of food service 
operations. Those that do not apply in your school system are 
omitted.

All recommendations listed on the review are offered in a spirit of 
helpfulness and cooperation, and we hope you will accept them in the 
same spirit. When a recommendation requires action on vour part, we 
ask that you inform us as to the action taken.

If you have questions or problems regarding any part of the review, 
please do not hesitate to let us know.

Thank you for your cooperation.

JHWrah

Sincerely,

>Y
J. H. Walker 
Assistant Director 
Administration and Finance

290



Form SL*7 , 
.(Rey. 9/1/71)

ADMINISTRATIVE REVIEW 

SCHOOL FOOD SERVICES 

STATE DEPARTMENT OF EDUCATION 

P. 0. BOX 771 

JACKSON, MISSISSIPPI

Date February 20, 1973

County or District Kemper

School West Kemper High School 

Reviewer K athryn Pale__________

Program Supervisor y. y. Stewart 

S.L. ft) S.B. ( ) C.D. ft) S.M. (X) 

N.F.A. ft)
SCHOOL LUNCH:

1. Number of Type A meals served on day of visit...____ ££ft_£SBMFQ£______
Free Reduced

2. Average daily attendance ______ 860______

3. Pricing arrangement.............. Reduced

4. Number of applications for free or reduced price lunches................. 815

Full Price

Average daily participation 73Q_____

__________Full 3 Qp Adult 40c_____

5. Number of applications approved. £00..
6. Number of applications disapproved.................................. . 15

Yes No
7. Are all participating children served Type A lunch?.....................( j{) ( )

8. Is the Type A lunch priced as a unit?................................... ( jj) ( )

9. Is a daily tabulation of the number of meals served maintained?.........(X) ( )

10. Are records maintained according to State Agency requirements?...SO. UJfiQFR) ( )

11. Are expenditures from tax funds reported?....................... SEE. COMMEMT ( )

12. Are teachers and other adult meals excluded from reimbursement claim?...(x) ( )

13. Are menus prepared in advance? (attach copies of menus)................ ( j() ( )

14. Is the manager certified?............................................... ( X )  ( )

15. Do records indicate total food used as adequate for lunches served?.....(X) ( )

16. Is the net cash balance in excess?...................................... ( ) (x )

17. Is the school applying free and reduced price policy equitably?......... (T ) ( )

18. Does the school have on file a copy of the district free and reducedpQlicy?..........................................(X) ( )
19. Was the announcement of policy adequate?................................ (X) ( )

20. By observation, does it appear that the identity of free and reduced
participants is being protected?........................................ (x) ( )

21. Have appeals been made challenging the decision for free or reduced
meals?..................................................................( ) ( X)

II. SPECIAL MILK:

1. Charge to student for special milk.....................................  _____

2. Price paid to dairy per half-pint......................................  7l

3. Is maximum use of special milk reimbursement being made to reduce price? yg8

III. SCHOOL BREAKFAST:

1.
2.
3.

Number breakfasts served on day of visit

Average daily attendance...............

Average dally participation............

Free Reduced Full

291 Page 1 of 2



.School Breakfast Continued------

4. Price of breakfast. .Child Adult

XV.

Yea No

5. Are all participants served a basic breakfast?.... ) ( )
6. Is the breakfast priced as a unit?................. ) ( )
7.

.1 -\

Are proper records maintained?..................... . ) ( )
8. Are teachers and other adults excluded from claim?., ) ( )
9. Are variations in menus considered adequate?....... ) ( )

10. Are breakfasts provided in accordance with free and reduced policy?.( ) ( )
11. Are menus prepared in advance? (attach menus)...... ) ( )

COMMODITY DISTRIBUTION:

1. Are foods properly stored and in good condition?..., ( )
2. Is dunnage provided?................................ ) ( )
3. Is storeroom ventilated?..............................................) ( )

4. Is storage space adequate? (freezer, refrigeration and dry) ... $?5. ( )

5. By observation, does storage space appear to be free of 
contamination..........■.......................... .(X )

6. Are records of commodities maintained?................... ........... (y )

7. Are foods used on first-in first-out basis?......................... (x )

V. COMPETITION:

1. Are food sales other than school lunch, breakfast or milk being made
in the school?........................................................ ( )

?. Are these sales made for profit?......................... ........... ( )

3. Does the time and place of extra sales offer an attractive
alternative to the Type A lunch?..................................... ( )

VI. EQUIPMENT:

1. Does equipment appear satisfactory to meet needs?................... ( )

2. Has school made application for Non-Food Assistance?................( )

3. Has equipment been purchased through N.F.A.?........................ (x )

VII. Is there any evidence that would indicate discrimination in regard to
race, color or national origin?...........................................( )

( ) 
( ) 
( )

(X ) 

(X )

(X )

(X ) 

( ) 

( )

<X )

VIII. COMMENTS AND RECOMMENDATIONS:
# I, 10. This school had not kept s ledger of income and expenditures for this school year.

Claim is completed each Booth from check book stubs and deposits. Recommended that 
s ledger be maintained.

Order wee placed for the following equipment: Bun Rack, Warmer, Silver Holder, Silver, and
plastic garbage containers fer milk cartons. Before school is out, e second list of equipment 
to be purchased this summer will be developed.
Check on Hot Water adequacy for dish washer.
Set up plastic garbage container for Bilk cartons outside dish return window.
An additional worker la needed -- especially during serving period.
Extra milk charge to adults should be Oc or 10c. Keep separate count of extra milk served to 
adults to deduct froa claiming reimbursement.
Tabulation of lunch count very good.
Re-evaluate expenditure from tax funds.
Serving 91X of ADA with 89* free.
Tabulation of lunches on day of visit not complated at conclusion of visit.
Second visit planned.

(Use other side as necessary) 292 Page 2 of 2



MINUTES, B O A R D  OF EDUCATION, K E M P E R  COUNTY

F S S § as?

9

Special MEETING MONTH OF February 196 71

7 8 5 0 6 --- RETCHINGS, NATCHEZ

MINUTES READ
Minutes of January were read and approved.

• (

ELECTION OF PRINCIPALS
The Superintendent of Education in accordance with the regulations prescribed by law gave recommendations 
for principals of the attendance center as follows:

WEST KEMPJ® HIGH 
WEST KEMPER ELEM. 
EAST KEMPER HIGH 
EAST KEMPER ELEM.

E. F. Stewart 
James G. Eldridge 
W. H. Spencer 
Dan Meacham

Vo-Tech Center (Director)Otis B. Palmer 
Title I Office (Director)Howard N. Carroll

[/After much questioning and discussion the recommendations were accepted as follows:
(E. F. Stewart was accepted on probation for the session 1971-1972. A list of activities that 
has to be met by him as principal will be discussed at a special meeting of the Board on Monday 
night at 7:00 P.M., February 22, 1971.)
(L. B. Mitchell was accepted as Assistant County Superintendent of Education.)
(James G. Eldridge was accepted at the West Kemper Elem. and will meet with the Board at a later date)

(William H. Spencer being accepted at the East Kemper High School will meet with the Board on Monday 
night at 7:30 P.M., February 22, 1971.)

(Dan Meacham was accepted at the East Kemper Elementary School and will meet with the Board at a 
later date.)

(Otis B. Palmer was accepted as Director for the John C. Stennis Vocational Technical Training Center.)

(Howard N. Carroll was accepted as Director of the Title I Program in the county schools.)







296 - - ... :/. •. trr f . : *.* •»*--



Page.tiO. 2 ■"
■Court Report ( con't).-/ • . .  ./ • .... -

.;:-i r . v ‘ . in:
No requests for transfers have been received nor none granted.

: X  v  •

:-vt7 ■ IV.:
There are. no inter-district transfers granted.

• '  r-.
r  I V

The transporation system has been revamped and Negroes and Whites are transported daily on the 
same buses., ■ - j . ■'V" • ' • ' ■ .

*. r .  : ‘ v  r . - - . c  v ; , .  • r -  t v  *  . ; .  •. • - y .  % •*. ; • .  - . . .  v '  ..

•. ;The..LynviUe School..building.was vacated o n  March’24,>1970 and no disposition of the buildings •
have .been made.. ;X ". \

, *. '•••*.* ( •*' i».-- -■ : •>’ j TV * ‘•‘ -'•A ■»' F.‘‘*r-~7- •*?.* ■*'' ,* J • , • *.v* ' V *'• *

*"* it * * * * * * .. ~ * ** " * ‘ . . —st —" .1 • . • Mr
, /  > >.V(a) ' There his a bi-racial:advisory committee to-the School Board in the district. .... ..... _

(b) It:submitted recommendations to the Board in regards to teacher personnel, transfer, of equipment, f j - n ;
. '.teacher, evaluation, .and In-Service training programs.’ ’ f; ' ; ''.;1' •' "

(c) Theserecommendations made by the bi-racial committee were considered and granted as recommended.
(d) The area of the education process in which the bi-racial advisory committee is to function are:

(l): Pupil guidance and counseling; (2) .Teacher training and evaluation; (3) Special Education for 
retarded and handicapped children; (4.) . Vocational opportunities, .

I, E. G. Palmer, Superintendent of Education of Kemper County, Mississippi and Executive Secretary 
of the Kemper County Board of Education, do hereby certify that the above and foregoing report contains 
and is a.true and correct report containing the information as required by order of the court dated 
March 30, .1970, as of December 1, ;'1971,.in the Kemper County Public School System.

'/v> ̂ •♦ __ i

I

Witness my hand this the 1st.day of December, 1971

•: : - V

• . { i . .•
V**?*■ f• v-v.v;■ -■*Vi* ••l<' '

vv-» ••

:* v.* . v
•i •?. »>

E. 0. Palmer, Executive Secretary 
Kemper County School Board

' iu: •"/

" ,,/ .

-' Vv-
■ww;
V . ‘ M -

.Or

■ . S '" • , . S;. r .; Kg: - *
,‘ n ;• 7i,-' v.vA'.’

' J

\



. COURT REPORT DECEMBER 1, 1970

!• (a) Total enrollment of Students in the Kemper County School System: .. ■; ' /'• " • . • • • . '
. Total Enrollment December 1, 1970: Negroes 1873 Whites 212. Totals ?nfi<i( b & c) ; . ---- —*—

Number of Students enrolled in each school by grades:

SCHOOLS ■GRIDE 
— 1_.

3:

_ 2 _ 3 4 5 ’ 6 7 8 9 in 11 1 P
TOTAL

WEST NEGRO 120 97 111 133 113 •76 112 66 114 67 96 ■ 53- 1162
WHITE 13 16 13 12 27 20 15 13 22 17 7 ' 3 178

E*31, NEGRO 87 58 68 64 65 68’ 61 74 38 46 49 33 711
KEMPER WHITE 9 9 6 b 2 3 1 0 0 0 0 0 34

WEST KEMPER ELEMENTARY HOUSES GRADES 1-4. ' 

WEST KEMPER HIGH HOUSES GRADES 5-12.

EAST KEMPER ELEMENTARY HOUSES GRADES 1-3.

. EAST KEMPER HIGH HOUSES _ GRADES 4-12. v

, II.
FULL TIME TEACHERS AS OF DECEMBER' 1, 1970. .
WEST KEMPER ELEMENTARY

■ NEGROES 
21

WHITES
5

'TOTALS 
26

WEST KEMPER HIGH - 34 ' 12 46
EAST KEMPER ELEMENTARY 7 3 10
EAST KEMPER HIGH ’ 18 4 22







• Page 2
•COURT REPORT (con't) III.

No requests for transfers have been received nor none granted.

IV. '
There are no Inter-district transfers granted.

V. .
The transporation system has been revamped and Negroes and Whites are transported daily on the 
same buses. ■ • ■

VI.
All buildings and facilities are being used by all children enrolled on a desegrated basis.

VII.
No construction is planned at this time.

• VIII.
' The Lynville School building was vacated on March 24, 1970 and no disposition of the buildings 
have been made.

IX.
(a) There Is a bi-racial advisory committee to the School Board in the district. - . •
(b) It submitted recommendations to the Board in regards to teacher personnel, transfer of equipment, 

teacher evaluation, and In-Service training programs.
(c) These recommendations made by the bi-racial committee were considered and granted as recommended.
(d) The area of the education process in which the bi-racial advisory committee is to function are:

(l) Pupil guidance and counselling; (2) Teacher training and evaluation; (3) Special Education 
for retarded and handicapped children; (4) Vocational opportunities.

I, E. G. Palmer, Superintendent.of Education of Kemper County, Mississippi and Executive Secretary of 
Kemper County Board of Education, do hereby certify that the above and foregoing report contains and is a 
true and correct report containing the information as required by order of the court dated March 30, 1970, 
as of December 1, 1970, in the Kemper County Public School System. . ‘

Witness my hand this the 1st day of December, 1970.

E. G. Palmer, Executive Secretary 
Kemper County School Board



COURT REPORT 

DECEMBER 1, 1972

I. (a) Total Enrollment of Students in the Kemper County School System:
December 1, 1972: Negroes 1764 Whites 310. Totals 2074

I!:

! ii.

( b & o) SEE ATTACHED FORMS

Full Time Teachers As of December 1, 1972:

NAMES OF SCH00IS NEGROES WHITES TOTALS

WEST KEMPER ELEMENTARY
r
17 7 24

WEST KEMPER HIGH 36 11 47

EAST KEMPER ELEMENTARY 8 3 11

EAST KEMPER HIGH 25 5 . 30

JOHN C. STEMNIS VO-TECH CENTER 1 7 8

3 0 2



PART I (b & c)

West Kemper Elem.NAME OF SCHOOL 

LOCATION DeKalb, Mississippi 

QIAOS LEVEL 1-4______ ______

CLASSROOMS GRADE BLACKS WHITES TOTALS

Mrs. McDonald 
Mrs. Scott 
Mrs r  Wilburn 
Miss Marshall

Mrs. Jones
Miss Welch
Mrs. Geralds
Miss Stevens
Mrs. Jackson

Mrs. Cole
Mrs. Cobiseno
Mrs. Alexander 
Mrs. Atkinson 
Mr. Pollock 
Mr. McMillan 
Mr. Windham 
Mrs. Coats 
Mrs. Alexander 
Mrs. Grace

1111
2
2
2
2
2

3
3
3
3
34 
4 
4 
4 
4

11
17 
23 
23
8 
21 
23 12 
26 •

2318 
19 
15 
25 12
23 
18 
22
24

14 25
6 23
0 23
0 23

14 22 .
0 21
0 23
6 18
0 26

0 23
4 22
5 24
10 25
0 25
16 28
6 29
5 23
0 22
0 24

Totals 363 86 449

, 303
f



PART I ( b & c)

CLASSROOMS
1

- 2
3

4

5
6
7
8 
9

HAKE OF SCHOOL East Kemoer Elem.

LOCATION Scooba. Mississippi 
GRADS LEVEL 1-3 ____________

GRADS

1
1
1
2

2

2

3
3
3

BLACKS

25

19 

17
20

23 •. '
24 
17 

23
26

■WHITES

5
0
0
5 
0 
0
6 

0 
0

TOTALS

30

19

17-

25

23
24 

23 
23
26

Totals 194 16 210

304



PART I ( b & c )

NAME OF SCHfJbL West Kemper High School

LOCATION DeKalb, Mississippi 
GRADE LEVEL 5-12___________

CLASSROOMS GRADE BLACKS WHITES TOTALS

214 5 21 9 30
216 5 24 2 26
-212 5 27 0 27
209 5 22 9 31
211 5 23 3 26.

220 6 31 0 31
218 6 21 10 31
208 6 21 8 29
215 6 23 * 6 29
213 6 28 0 28

113 7 25 1 26
n 6  - 7 • 25 2 27
106 7 22 7 29

, 115 7 22 5 27
118 7 15 16 31
6 8 20 2 22
102 8 21 3 24
Band Annex 8 19 4 23
117 8 11 U 25
112 9 23 2 25
109 9 29 0 29

• 105 9 22 6 28
111 9. 23 5 28 /
104 9 15 12 27

4 10 20 6 26
10 10 19 0 19
n o 10 20 3 23
108 10 12 9 21

n s 11 18 0 18
8 n 15 19 34
5 n 29 7 36 '
7 n 23 0 23

*Commercial 12 14 0 14
2 12 15 15 30
1 12 19 0 19

Totals 737 185 922

305



w i

PART I ( b & c)

NAME OF SCHOOL East Kernner Hlph School
LOCATION Scooba■ Mississippi
GRADE LEVEL . L A  2-

ROOH3 GRADE BLACKS WHITES TOTAI

A 4 11 11 22
B 4 24 0 24
C 4 23 0 23

A 5 26 2 28
B 5 29 0 29

A 6 19 3 22
B 6 23 • 0 23
C 6 20 0 20

A 7 26 2 28
B 7 26 0 26
C 7 14 0 14
A 8 25 0 25
B 8 25 4 29

; ̂
A 9 28 1 29
B 9 29 0 29
A 10 31 0 31
B 10 28 0 28

A 11 28 0 28

A 12 19 0 19
B 12 16 0 16

Totals 470 23 493

306
v-vi
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Page No. 2 
Court Report

in..
No requests for transfers have been recoived nor any granted.

IV.

There have been no inter-district transfers granted.

V.
Negro and White children are transported daily on the same buses.

VI.
All buildings and facilities are being used by all children enrolled on a desegrated basis.

VII.
No construction is planned at the present time.

VIII.
The Lynville School Property was deeded to the Board of Supervisors of Kemper County, Mississippi on 
August 30th, 1972 to be used as an industrial silje. The Warranty Deed was subject to a reversionary 
clause stating that if at any time the property conveyed ceases to be used for industrial purposes, the 
title thereto shall revert automatically back to the Kemper County Board of Education, and no part of 
this property can or shall be used in any manner for private school purposes. The above was approved by 
the Fifth Circuit Court of Appeals.

IX.
(a) There is a bi-racial committee to the School Board in the district.
(b) This committee recommends to the Board in regards to teacher personnel, transfer of equipment, 

teacher evaluation, and In-Service training programs.
(c) These recomnendations made by the bi-racial committee were considered and granted as reconmended.
(d) The area of the education process in which the bi-racial advisory committee is to function are

as follows: (l) Puoil guidance and counseling; (2) Teacher training and evaluation; (3) Special
Education for retarded and handicapped children; (4) Vocational opportunities.



I

STATE OF MISSISSIPPI 

COUNTY OF KEMPER
"I, L. B. Mitchell, Superintendent of Education of Kemper County,

Mississippi and Executive Secretary of the Kemper County Board of Education, 

do hereby certify that the above and foregoing reports contain and are a time 

and correct report containing the information as required by order of the court 

dated March 30, 1970, as of December 1, 1972, in the Kemper County Public School 

System*
Witness my hand this the 1st day of December, 1972.

± i A 2L. B. Mitchell, Executive Secretary 
Kemper County School Board

303
■J-1



Pace Ho. 1 
Court Report

COURT REPORT 

DECEMBER 1, 1973

I. (a) Total Enrollment of Students in the Kemper County School System
2100

_ i__t i noo . 'HOI.

j • (b & c) SEE ATTACHED FORMS
1’

II. Full Time Teachers As of December 1, 1973-
I ' •.

nv sr.HOOIS NEGROES WHITES TOTALS

13 7 20

Kfimner Hieh School 24 13 37

East Kemoer High School 21 7 28
\ “

East Kemoer Elementary 7 4 11

John C. Stennis 
^.■iwh rpnt.er 0 8 8

I

1
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311



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315



i-Jb
Page Ko. 7 
Court Reoort

III. No requests for transfers have been received and none have been granted.

IV. There have been no inter-district transfers granted.

. V. Megro and White children are transported daily on the same buses.

VI. All buildings and facilities are being used by all children enrolled on a desegrated basis. 
No construction is planned at the present time.VII

VIII.

IX.

? ? ?  “  41 li"  ll”  conveyed = » e . ™ f  Ltitle thereto shall revert automatically back to the Kemner County Board of Education a l 1 ’ ̂
t Z V *  any manner f°r PriVate ^  by

(a)
(b)

(c)
( d )

There is a bi-racial committee to the School Board in the district.

teacherC^valuation^n̂ nd^Li-Serviceat^aining^programs^ea0^Sr Personne'G transfer of equipment,
S r a r p r
Education for rotated £  S f 0 l S ^ J((l)Tr c : ^ 1 S o ^ ; r i0n; (3) ^

31G



PAGE NO. 8 
COURT REPORT

STATE OF MISSISSIPPI 

COUNTY OF KEMPER

I, L. B. Mitchell, Suoerintendent of Education, of Kemper County, Mississippi

and Executive Secretary of the Kenrner County Board of Education, do hereby certify that> .  '■
the foregoing reports contain and are a true and correct report containing the information 

as required by order of the court dated March 30, 1970, as of December 1, 1973, in the 

Kemoer County Public School System.

Witness my hand and official 3eal this the 1st day of December, 1973.

Executive Secretary 
Kemner County Board of Education 
Kemper County, Mississippi

317 s



/
COURT REPOET 

APRIL 15, 1973

I. (a) Total Enrollment of Students in the Kemper County School System: 2060_________

April 15, 1973: Negroes 1754 Whites 306

(b & c) SEE ATTACHED FORKS

II. Full Time Teachers As of April 15, 1973:

NAMES OF SCHOOLS NEGROES WHITES TOTALS

West Kemper Elementary 16 7 23

West Kemper High School 32 12 44

East Kemper High School 24 8 32

East KemDer Elementary 7 4 11
John C, Stennis 
Vo-Tech Center 0 8 8

318



PART I  ( b & c )

LOCATION DEKALB, MISSISSIPPI______
GRADE LEVEL l-A__________________

NAME OF SCHOOL WEST IJTIPER ELEMENTARY

CLASSROOMS GRADE BLACKS WHITES TOTALS

1 1 12 13 25
3 1 18 5 23
5 1 24 0 24 .
7 1 23 0 23
2 2 14 15 29
4 2 28 0 28
8 2 22 6 f 28
10 2 28 0 28
3 3 23 0 23
4 3 18 4 22
2 3 19 5 24
1 3 15 8 23
9 3 25 0 25
5 4 12 16 28
7 4 ' 23 6 29
11 . 4 18 4 22
18 4 22 0 22
13 4 24 0 24

Totals 18 368 82 450
s

3 1 3



jI . 3 ( fc f' c)

NAME 0F SCHOOL KAST KEMPER ELEMENTARY
LOCATION SCOOBA, MISSISSIPPI______
GRADE LEVEL  ̂_o

CLASSROOMS GRADE BUCKS WHITES TOTALS

I 1 25 5 30
2 1 20 0 20
3 1 18 0 18
4 2 18 5 23
5 2 26 0 26
6 2 23 0 23 ''
7 3 18 5 23
8 3 23 0 23
9 3 26 0 26

Total 197 15 212

* K-

/■

320



LOCATION DEKALB. MISSISSIPPI_______
GRADE LEVEL ______ 5-12__________

KA11E OF SCHOOL WEST KEMPER HIGH SCHOOT.

CLASSROOMS GRADE BUCKS WHITES TOTALS
214 5 18 13 31216 5 24 2 26212 5 27 0 27209 5 22 9 31211 5 22 4 26
220 6 30 0 30218 6 23 9 32208 6 21 9 30215 6 23 6 29213 6 27 0 27
113 7 26 1 27116 7 27 1 28106 7 22 8 30115 7 22 6 28118 7 15 17 32
6
102
Band Annex

8
8
8

20
21
19

3
4 
4

23
25
23117 8 11 14 25

112 9 21 2 23109 9 28 0 28105 9 20 5 25111 9 21 5 26104 9 16 11 27
4 10 19 7 2610 10 20 0 20110 10 19 3 22108 10 13 5 18
115 11 15 0 158 11 15 19 345 11 26 1 7 337 11 23 0 ,23
Commercial 12 14 0 141 12 17 0 172 12 16 14 30

TOTALS 723 --- 188 911

321



. PART I ( b & c)

NAME OF SCHOOL EAST KEMPER HIGH SCHOOL

LOCATION _______ SCOOBA, MISSISSIPPI
GRADE LEVEL _______4-12_______

CLASSROOMS GRADE BUCKS WHITES TOTALS
A 4 11 11 22

B k 21 0 21
C 4 23 0 23
A 5 27 2 29
B 5 29 0 29
A 6 17 3 20
B 6 22 0 22
C 6 19 0 19
A 7 26 2 28
B 7 25, 0 25
C 7 16 0 16
A 8 26 0 26
B 8 25 3 28
A 9 27 0 27
B 9 • • 29 0 29
A 10 32 0 32
B 10 28 0 28
A 11 28 0 28
A 12 35 0 35

Total 466 21 487

322



PAT7T I ( b £• c)

LOCATION DEKALB. MISSISSIPPI____________
GRADE LEVEL 10-12 ______________________

NAME OF SCHOOL JOHN C. STENNIS VO-TECH CENTER

CLASSROOMS GRADE BLACKS WHITES TOTALS

Auto Mechanics - 31 7 38

Building Trades - 23 5 28

Ind. Drafting - 20 10 30

Business Educati< n - 22 16 38

Vo-Ag. & Farm 
Machines

- 13 4 17

Metal Trades
- 9 12 21

Ind. Electricity - 7 6 13
Totals 125 60 185

These enrollment figures are not added to t le total enrollment
becav se these stiidents are s'icrwn at their h me schools and therefore
have already beeii included ii; the.overall t itals.

V

323



Page No. 7 
Court Report

III. No requests for transfers have been received and none have been granted.

IV. There have been no inter-district transfers granted. '•

V. Negro and White children are transported daily on the same buses.

VI. All buildings and facilities are being used by all children enrolled on a desegrated basis.
VII. No construction i3 planned at the present time.

VIII. The Lynville School Property was deeded to the Board of Supervisors of Kemper County, Mississiuoi
on August 30th, 1972 to be used as an industrial site. The Warranty Deed was subject to a reversionary 
clause stating that if at any time the property conveyed ceases to be used for industrial purposes, the 
title thereto shall revert automatically back to the Kemper County Board of Education, and no part of 
this property can or shall be used in any manner for private school purposes. The above was anDroved bv 
the Fifth Circuit Court of Appeals.

LX. (a) There is a bi-racial committee to the School Board in the district.
(b) This committee recommends to theBoard in regards to teacher personnel, transfer of equlcment 

teacher evaluation, and In-Service training programs.
3?eS9 recoDmiendat:!-ons m d e  by the bi-racial committee were considered and granted as recommended 

(.d; The area of the education process in which the bi-racial advisory committee is to function are 
as follows: (1) Pupil guidance and counseling; (2) Teacher training and evaluation; (3) Special
Education for retarded and handicapped children; (4) Vocational opportunities.

324



(

i
I

STATE OF MISSISSIPPI 

COUNTY OF KEMPER

I, L. B. Mitchell, Superintendent of Education, of Kemper County, 

Mississippi and Executive Secretary of the Kemper County Board of Education, 

do hereby certify that the above and foregoing reports contain and are a true 

and correct report containing the information as required by order of the court 

dated March 30, 1970, as of April 15, 1973, in the Kemper County Public School 

System.
Witness my hand and seal this the 15th day of April, 1973.

i
|
i y , fh 'rfduJU 9

L. B. Mitchell, Executive Secretary
Kemper County School Board

325



PAGE NO. 1
COURT REPORT

COURT REPORT

APRIL 15, 1974

I. (a) Total'Enrollment of Students in the Kenroer County School System: 

As of April 15, 1974: Negroes 1728 Whites 316 Indians __5_

(b & c) SEE ATTACHED FORMS

II. Full Time Teachers As of April 15, 1974:

NAMES OF SCHOOLS NEGROES WHITES TOTALS

West Kemper Elementary 13 7 20

West Kemper High School 29 12 41

East Kemper High School 20 8 28

East Kemper Elementary 7 4 11
John C. Stonnis 
Vo-Tech Center 1 7 8

2051

3 2 6



page ::o. 2COURT P.HFORT

LOCATION DeKalb, Mississippi__________

GRADE LEVEL 1-4_____

NAME OF SCHOOL V.rQ3t Kciraor E lc~ icn tn ry

CT ASSROOMS GRADE BLACKS WHITES TOTALS
7 1 26 0 26

3 1 21 4 25

5 1 27 0 27

1 1 19 7 26

8 2 24 7 31

4 2 26 5 31

2 2 19 12 31

12 3 . 19 11 30

H 3 21 8 29

11 3 23 6 29

10 3 29 ' 0 29

Chem. 4 18 . 8 26

13 4 19 6 25

18 4 19 6 2.5

Hist. 4 21 5 26

9
*

4 23 2 25

Totals 354 87 441



0. ?
retort

NAME OF SCHOOL West Kcmuer Hinh School
LOCATION ____DcKnlb. Mississippi______
GRADE LEVEL 5-12

i

;
j

Cl ASSROOMS GRADE BLACKS WHITES ■ TOTALS -
212 5 31 0 31
211 5 24 6 30
214 5 15 16 31
216 5 28 3 31
213 6 31 2 33218 6 23 12 36(Inc udes 1 Indi
215 6 31 3 34
220 6 24 12 36
108 7 27 10 37

• 113 7 31 0 31
117 7 10 13 24(Inc udes 1 Indi
110 7 30 0 30
103 7 28 0 28
105 8 3 31 34
109 8 32 0 33(Inc udes 1 Indi
118 8 32 1 33102 8 34 1 3510 9 12 12 25(Inc udes 1 Indi
114 9 12 16 28
116 9 26 2 29(lnc udes 1 Indi
107 9 31* 0 31
115 10 13 17 30
4 10 21 ■ 1 22Business Ed. 10 18 0 18
106 10 25 0 25
3 11 13 12 259 11 16 3 197 11 10 0 106 11 22 0 228 12 8 20 28
5 12 21 0 211 12 14 0 14* 2 12 21 0 21

Totals 717 193 915 (Tot 
5 I

il Includes 
idians)



I
HAKE OF SCHOOL East Kemper Elementary

r'Ao CC'JT.T::o.~4

LOCATION Scooba, Mississippi

GRADE LEVEL 1-3

CI-VSSROOLS GRADE BLACKS WHITES • TOTALS
1 1 23 6 29
2 1 29 0 ?9
3 1 29 0 ?9
4 2 26 0 26

5 2 21 7 28
6 3 23 0 23
7 3 16 6 22
8 3 23 0 23

*

TOTALS 190 19 209

/



PAGE NO. 5 
CCXiT PER

NA1IE of school last kehper high

LOCATION SCOOBA, MISSISSIPPI 

GRADE LEVEL 4-12

ClASSROONS GRADE BLACKS V.HITES TOTALS
A u 21 2 23
B 4 23 0 23
C 4 23 0 23

A 5 24 9 33
B 5 34 0 34

A 6 27 3 30
B 6 30 0 30

A 7 ' 31 1 32
B 7 32 0 32

A 8 27 0 27
B 8 32 0 32

A 9 20 0 20
B 9 17 3 20

A 10 29 1 30
B 10 29* 0 29

A 11 24 . 0 24
B 11 21 0 21

A 12 23 0 23

s

TOTALS 467 19 486



IJMIK OF SCHOOL John C. Stcnnis Vo-Tcch-Center

LOCATION _____DeKalb, Mississippi___________

GRADE LEVEL 10-12

jaASSROOiS GRADE BLACKS WHITES- TOTALS

Ind. Drafting 22 8 30
Building Trades 27 0 27
Automechanics 15 16 71

Metal Trades 15 8 ?3
Vo-Agr. Shoo 18 3 21
Business Educat Lon U3 10 53
Ind. Electricit7 h 3 7

Totals IUU U8 192

These Enroll nent figures are not added to the total er rollmentbecuase these students are shown at th< ir home school; and therefchave already

i

been included in the over; 11 totals.

3 3 1

—



PAGE NO. 7
COURT REPORT

III. No requests for transfers have been received and none have been granted as of 
April 15, 1974.

IV. There have been no inter-district transfers granted.

V. Negro and White children are transported dailoy on the same buses.

VI. All building and facilities are being used by all children enrolled on a desograted 
basis.

VII. No contruction is planned at the present time.

VIII. The Lynville School Property was deeded to the Board of Supervisors of Kenroer 
County, Mississippi on August 30th, 1972 to be used as an industrial site.
The warranty deed was subject to a reversionary clause stating that if at any 
time the property conveyed coases to be used for industrial purnoses, the title 
thereto shall revert automatically back to the Kemper County Board of Education, 
and no part of this property can or shall be used in any manner for nrivate 
school purposes. The above was approved by the Fifth Circuit Court of Anneals.

T7- (a) There is a bi-racial committee to the School board in the district.
(b) This committee reconmends to the Board in regards to teacher nersonnel, transfer 

of equipment, teacher evaluation, and In-Service training programs.
(c) These recommendations made by the bi-racial committee were considered and 

granted as recommended.
(d) The area of the education process in which the bi-racial committee is to function

is as follows! (l) Pupil guidance and counseling; (2) Toachor training and
evaluation; (3) Special Education for retarded and handicanncd children; (4) 
Vocational opportunities.

33k



PAGE NO. 8
COURT REPORT

STATE OF .MISSISSIPPI 

COUNTY OF KEMPER

I» L. D. Mitchell, Superintendent of Education, of Kc-per County, 

and Exccutivo Secretary of the Kemper County Board of Education, do hereby certify tl.et

the foregoing reporta contain and are a true and corroct report containing the : v . S a i . -

tion ae required by order of the court dated March 30, 1970, as of April 15, 1974, in 

the Kenper County Public School System.

Witness my hand and official seal this the 15th day of April, 1974.

L. B. .
he—.per Ce»_.
Kenner Count-

. cam cJ 
lieelc eii

-U .cretary 
-ucr.tion



I

COURT REPORT 

APRIL 15, 1972

I. (a) Total Enrollment of Students in the Kemper County School System:

April 15, 1972: Negroes 3.875 Whites 283 Totals
(b & c) ; '

SEE ATTACHED FORMS • .; ’

II. FULL TIME TEACHERS AS OF' APRIL-15, 1972:':." ’ \ ~ - '•* * •;

NAME OF' SCHOOLS , ’’ -■ NEGROES WHITES . ' TOTALS
WEST KE1-IPER ELEMENTARY -17 7 . 24
'-.1ST KEMPER HIGH SCHOOL 36 11 47
EAST KEMPER ELEMENTARY 8 3 11
EAST KEMPER HIGH SCHOOL 25 5 30

r

r>334



Page No. 2
Court Report ( con't)

III.
Ho requests for transfers have been received nor any granted.

IV. .
There have been no inter-district transfers granted.

V.
Negro and White children are transported daily on the same buses.

’ V.’7"' ’ VI. .
/.II building and facilities are being used by all children enrolled on a desegrated basis.

; ' ■ ■  vii. / :•;• •• .> -
No construction is planned'at the present time. /

r ' ’ viii. ■
The LynviUe School building was vacated on March 24, 1970 and there still has been no disnosition of the buildings. *

(a)
(b)
( c )
( d )

DC. ;
There is a bi-racial committee to the School Board in the district.
Diis committee recommends to the Board in regards to teacher personnel, transfer of equipment 
teacher evaluation, and In-Service training programs.
These recommendations made by the bi-racial committee were considered and granted as recommended. 
The area of ohe education process in which the bi-racial advisory committee is to function are 

r°r.0WS; '1' Pupil guidance and counseling; (2).Teacher training and evaluation; (3) Special 
education for retarded and handicapped children; (4) Vocational opportunities.

, L> B- Superintendent of Education of Kemper County, Mississippi and Executive. Secretary
of the Kemper County Board of Education, do hereby certify that the above and. foregoing report contains 

i|La tru0 and correct report containing the information as required by order of the court dated K4r"h 
30, 1970, as of April 1, 1972, in the Kemper County Public School System.

Witness my hand this the 15th day of April, 1972.

L. B. Mitchell, Executive Z
Kemper County School Board

Becretarv

3.?f,

iU

i ♦



331>

L»