Wiggins v. State of North Carolina Petition for Writ of Certiorari

    REN 
@ W» Ho Me S 

HOBBS, HOBBS & PEEPLES 
ATTORNEYS AT LAW D N DAV LED 

BROOKHAVEN, MISSISSIPPI 39601 FW U. D\ SUA LN Jud 

0 Sa 
TELEPHONE 8338-2711 

AREA CODE 601 

HENRY W. HOBBS 

HENRY W. HOBBS, JR. April 12, 1972 

RALPH L. PEEPLES 

Mr. Edward W. Wadsworth, Clerk 
Uni tates Court of Appeals, Fifth Circuit 
Office of the Clerk 
Room 408 

400 Royal Street 
New Orleans, Louisiana 70130 

Dear Mr. Wadsworth 

Re: USA vs. Lincoln County School District et al 
Nos. 28030 and 28042 
  

With the request that ycu file and docket the same, there is 
enclosed the April 15, 1972, Report of Lincoln County School District 
Et Al Pursuant to Order of March 30, 1970, in behalf of the Lincoln County 
School District in the above numbered causes. 

With kind regards, we are 

Yours very Froly ’ 

HOBBS, HOEBRS & PEEPLES i’ y 

227 A] SD } 3 7 , VEL ALY Ib 7 A 

fer Pm 

7 7 i 

7 

4 a 

   

 



  

IN THE UNITED STATES COURT OF APPEAL 
FOR THE FIFTH CIRCUIT 

  

NOS. 28030 & 28042 

  

UNITED STATES OF AMERICA, 
Plantiti-drpellant, 

Vv 

LINCOLN COUNTY SCHOCL DISTRICT ET AL., 
Defendants-Appellees. 

APRIL 15, 1972, REPORT OF LINCOLN COUNTY SCHOOL 

DISTRICT ET AL PURSUANT TO ORDER OF MARCH 30, 1970.   
  

COME NOW the Lincoln County School District, the Superintendent thereof, 

and the members of the County Board of Education of Lincoln County, Mississippi 

defendants-appellees in the above styled and numbered cause, and respectfully 

respond to the order rendered in said cause on March 30, 1970, by the United 

States Circuit Court of Appeals for the Fifth Circuit, by reporting that as of 
® 

April 10, 1972, the following facts with reference to said school distric 

ot . 

(a) There are 2,345 students enrolled in the Lincoln County Schools, of 

whom 1,545 are white and 800 are black. 

3 - - 
(b) The number of students enrolled by race in each school of the Lincoln 

County School District is as follows: 

  Attendance center . White students Black students Total 

(1) Bogue Chitto 407 205 612 

(2) Enterprise 290 97 387 

(3) Eva Harris | 290 167 457 

(4) Loyd Star 329 225 554, 

(5) West Lincoln 229 106 335 

(¢) The number of students enrolled by race in each classroom in each of 

schools of the Li incoln ah School District is as follows: 
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High (2) Enterprise Attendance Center, continued:   
School 

Grade White Black . 

  

   

  

: American covormsNL 1 4 (1st semester) 

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sy vection F 15 
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9 ectlon G l D 
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» oection H /    

  

Seventh Cay sections are rotated in classes in Math, Englis , History, 

Science, and Physical Education in the racial groups noted above C VOoe 

aos / | nee 

 



  

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«3ST re 0) General 9 {wl § 

  
  

 
 

 
 

 
 

 



ack B 

 
 

 
 

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(a) There are 120 full ti e teachers in the Lincoln County School District, 

of whom 89 are white and 31 are black. j&
 

1 

(b) The number of full time teachers by race in each school of the district 

  

  

/ is as follows: 

Attendance Center White teachers Black teachers Total 

Bogue Chitto Attendance Center 2 6 30 

Enterprise Attendance Center 17 A 21 

Eva Harris Attendance Center 7 10 21 

Loyd Star Attendance Center 23 7 30 

West Lincoln Attendance Center XL he ja 

i flr ig 

ite 

No requests have been received under the majority to minority transfer 

provisions, which was a part of the Court's order on November 7, 1969. 

' IV. 

A total of 28 inter-district transfers were approved by the Lincoln County 

District Board of Education and the Brookhaven Separate District Board of 

Education, effective September 1, 1971. Fourteen transfers were approved from 

the Lincoln County District to the Brookhaven Separate School District. Of this 

number twelve were whiteand two were blacks Twelve white and two black pupils 

are presently attending Brookhaven Schools, Fourteen pupils e transferred from <4
 

=
 

the Brookhaven Separate School District to the Lincoln County District Schools. 

All fourteen were white. No black pupils requested a transfer. Both school 

boards agreed prior to the opening of school for the 1970-71 term to allow 

transfers only to families of pupils who had been transferred over past years. 

rom all over the County and do not affect the racial complexity 

4 because they are scsttered throughout 

all grades. 

 



4 pl 

  

The transportation system of the Lincoln County School District involves 

the use of 40 school buses. Twenty-seven buses are operated by white drivers 

and thirteen are operated by black drivers. Fourteen of the 40 buses carry 

pupils only of one race. Six of the 13 buses operated by black drivers carry 

all black pupils. Eight of the 27 buses operated by white drivers carry 

all white pupils. 

Vi. 

All facilities in the school district, including gymnasiums, auditoriums 

and cafeterias, are being operated on a desegrated basis, 

vii. 

There is no present construction or expansion of facilities and none is 

presently employed. 

The Lincoln County School District sold the Heucks Retreat School property 

consisting of approximately 11 acres and 4 abandoned buildings to the Heucks 

Retreat Baptist Church for recreational purposes for the sum of $6,203. The 

above-named property had not been used for school purposes since May 20, 195 

+ Lo 7 en nN Np pe SP a : Sale was effective July 22, 1970. One-half acre andpart of an abandoned 

buil Fo
) 

A LIC A ling of the former East Lincoln School was sold to Louis Brown, a private 

individual, on July 22, 1970, for the sum of $1,010. The property had not 

been used for school purposes since April 1949. 

IX 
LJ 

° 

(a) There is a bi-racial advisory committee to the school board in the 

school district. 

(b) The bi-racial committee submitted two recommendations to the district 

since the report was last submit 

 



  

ested that the district implement a Career 

Day for high school seniors. School counselors were directed to work out 

satisfactory response to the request and set this day aside for graduating 

seniors. The other recommendation from the committee requested that 

unobligated Emergency School Assistance funds be 
- w= TA - v 

st e used to increase the number 

positions available for teachers to partic 

  

ipate in a Methods Course. The 

request was forwarded to the Title IV in Atlanta, Georgia, and approved. 

(4d) The principal areas of the education process in which the committee 

al I a al TE 3 ~ 4- : 1A 2 ¢ 

to function are (1) to consider and approve or disapprove projects dealing 

1 >= . . Sil a mre +1 33 aad rel 1nd 

with remedial education and "catch-up" programs for the disadvantaged, and 

(2) +o bring fo the attention of the school admin 
b) 

: ¢ Eo I Se 1 3: Ly 

rmmors concerning the operation of an integrated school system and \J5) 10 

aid in establishing the true facts relating to such complaints and rumors, 

tion on community education needs 

as various funds become available for additional 

  

       
     

j 0] N( COL N C SOUNTY >\ WH §! ( iL 

Defendanie 
  

Vv’ 

 



  

1S
 ERTIFICATE OF SERVICE 

I, H. W. Hobbs, Jr., hereby certify that I have served a copy of the 
J b/ ? . ¢ J 

foregoing April 15, 1972 Report of Lincoln Cav 

  

pursuant to Order of March 30, 1970, on the following named at 

° ° ° 3. ¢ 1. he | 4 8 3 v KJ A 

ting same, postage prepaid, in the United States Mail addressed as 

Pe Pe Ts | 
JOLILOWS 

Hono Sa Robert E. Hauberg 
United States Attorney 

ome bp ro Ta 

Post Office Box! 20% 
.~ AT on Lio 2 20D Jackson, Mississippi 39205 

Honorable Brian Landsburg, Attorney 

Civil Rights Division 
U. S. Department of Ju 

T 

v . 

Washington, D. C. 205” 

  

Le Ben Xra ge, 
+4 

    Jacksc 

  

    
  

  

Honorabl Leventhal 

Messrs , Attorneys 
rac J 
rad 

Jacks 

24h Ta 1 12th 
THis, the : " 

—~ 

  

  

[B) cc Honorable Robert C. Thomas, Clerk 
U. S. District Court