Report on Canton Municipal Separate School District

    POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT H., POWELL, JR. TELEPHONE 859-1851 
. 

JOE R. FANCHER, JR. April }5, 1971 FIRST NATIONAL BANK BUILDING 

H. NOLEN FANCHER 

Honorable Griffin B. Bell 
United States Circuit Judge 

P. O. Box 845 
Atlanta, Georgia 30301 

Honorable Homer Thornberry 
United States Circuit Judge 
200 West Eighth Street 
Austin, Texas 78701 

Honorable Lewis R. Morgan 
United States Circuit Judge 
P. O. Box 759 
Newnan, Georgia 30263 

Re: Nos. 28030 and 28042 - USA v. Hinds County, et al 
(Canton Municipal Separate School District, et al) 

Dear Judges Bell, Thornberry, and Morgan: 

Pursuant to Order of the Court of March 30, 1970, we enclose herewith 

the report to the Court as required thereby. 

Thanking you for your consideration and assuring you of my cooperation 

in every way, | am 

Sincerely yours, 
~ 

yo La. l / e 
rd rd 

Je 4 

{” 

08 R. Fancher, Jr. 

cc: Clerk, 
Circuit Court of Appeals, New Orleans, Louisiana 

Counsel of Record  



POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT H. POWELL, JR. TELEPHONE 859-1831 

JOE R. FANCHER, JR. A ril 15 1971 FIRST NATIONAL BANK BUILDING 

H. NOLEN FANCHER P 4 

Honorable Edward W. Wadsworth, Clerk 

United States Court of Appeals for the Fifth Circuit 
400 Royal Street - Room 408 

New Orleans, Louisiana 70130 

Re: Nos. 28030 and 28042 - USA v. Hinds County, et al 
(Canton Municipal Separate School District, et al) 

Dear Mr. Wadsworth: 

Enclosed herewith for filing in the above captioned cause are the original 
and three copies of report to the Court as required by Order of March 30, 
1970. 

Thanking you for your usual fine cooperation, | am 

Sincerely yours, 

- 7 pe” 4 
Zo em “ TTT 

PE (a 2 TA —<2) § FE. 

Joe R. Fancher, Jr. 

cc: Judges Bell, Thornberry and Morgan 

Counsel of Record 

Clerk, District Court  



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFRTH CIRCUIT 

  

Nos. 28030 & 28042 

  

JOAN ANDERSON, et al, 
Plaintiffs-Appellants ON APPEAL FROM THE UNITED 

STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF MISSIS- 
SIPPI 

UNITED STATES OF AMERICA, 
Plaintiff-Intervenor-Appelant 

V. Civil Action No. 3700 (J) 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al 

Defendants-Appellees 

NOW COME the Defendants, Canton Municipal Separate School District, et al, in the 

above styled and numbered cause, and respectfully submit their report to the Court pursuant 

to Order dated the 30th of March, 1970. 

1 

(@) Number of students by race enrolled in the school district: 

White Negro Total 
  

  

88 3630 3718 

(b) Number of students by race enrolled in each school in the district: 

  

  

School White Negro Total 

Canton giementary 20 480 500 

Canton Junior High 8 261 269 

Canton Public High 18 1217 1235 
McNeal Elementary 15 536 551 
Nichols Elementary 27 1136 1163 
  

88 3630 3718 

 



(c) Number of students by race enrolled in each classroom in each of the schools in the district: 

  

      

  

  

  

  

School Grade Negro White Total 

Canton Elementary 1 179 7 186 
2 128 6 134 

3 135 4 159 

Special Education 18 3 21 
480 20 500 

Canton Junior High 7 261 8 269 

Canton Public High 8 273 5 278 
9 291 4 295 
10 280 é 286 
11 200 3 203 

12 173 0 173 

1217 18 1235 

McNeal Elementary 1 179 4 183 
2 179 4 183 
3 166 4 170 
Special Education 12 3 15 

536 15 551 

Nichols Elementary 4 388 10 398 
5 340 o 349 
é 361 8 369 
Special Education 47 0 47 

1136 27 1163 

With a departmentalized organization all students rotate by the hour from one classroom teacher 
to another. All white students have been assimilated into classrooms with Negro students. 

11 

(a) Number of full time teachers by race in the district: 

Negro White Total 
  

  

144 34 178 

(b) Number of full time teachers by race in each school in the district: 

Canton Elementary 15 7 22 

Canton Junior High 7 7 14 

Canton Public High 54 14 68 
McNeal Elementary 23 2 25 
Nichols Elementary 45 4 49 

144 34 178 
  

(c) Number of part time teachers by race in district: 

NONE 

(d) Number of part time teachers by race in each school in the district: 

NONE 

 



111 

  

Describe the requests and the results which have accrued, by race, under the majority to the 
minority transfer provision which was a part of this Court's Order of November 7, 1969: 

Due to the organizational structure of the Canton Municipal Separate School District as of 
December 31, 1969, as prescribed by our Court Order, there is no majority to minority transfer 
due to the pairing of school attendance center. In any event, there have been no requests for 
transfer. 

Iv 

State the number of inter-district transfers granted since this Court's Order of November 7, 1969, 
the race of the students who were granted such transfers, and the school district to which the 
transfers were allowed: 

NONE 

Vv 

State whether the transportation system, if any, in the district is desegregated to the extent that 
Negro and white students are transported daily on the same busses: 

YES 

Vi 

State whether all facilities such as gymnasiums, auditoriums, and cafeterias are being operated 
on a desegregation basis: 

YES 

VII 

Give brief description of any present or proposed construction or expansion of facilities: 

NONE 

VII 

(a) State whether the school board has sold or abandoned any school facility, equipment, or 
supplies having a total value of more than $500.00 since this Court's Order of November 7, 
1969: 

NONE SINCE LAST REPORT 

IX 

(@) State whether there is a bi-racial advisory committee to the school board in the school district: 

YES 

(b) If so, state whether the bi-racial advisory committee has submitted recommendations to the 
board of education: 

YES 

 



  

(c) If so, state the number and disposition of such recommendations: 

The Bi~Racial School Board Committee has made several recommendations to the school 

board and all were approved by the board. 

(d) If a bi-racial committee is in existence, state briefly the areas of the education process in 
which the bi-racial committee is to function: 

The Bi~Racial School Board Advisory Committee has been asked by the school board to con- 
sider all matters within the jurisdiction of the school board and to make recommendations for im- 

provement. 

Respectfully submitted, 
Canton Municipal Separate School District 

Lamar Fortenberry, Superintendent 
  

By 

 



  

CERTIFICATE OF SERVICE 
  

|, Joe R. Fancher, Jr., Attorney for Canton Municipal Separate School District, do 

hereby certify that on this the 5 day of April, 1971, | caused to be served by United 

States mail, postage prepaid, true and correct copies of the foregoing report to the Court 

upon attorneys of record for plaintiffs and plaintiff-intervenor, addressed as follows: 

Mr. Melvyn R. Leventhal 

P. O. Drawer 290 
Jackson, Mississippi 

Mr. Melvyn Zarr 
10 Columbus Circle, Suite 2030 

New York, N. Y. 10019 

Mr. David L. Norman 

Deputy Assistant Attorney General 

Department of Justice 
Washington, D. C. 20530 

Mr. Robert E. Hauberg 
United States Attorney 

P. O. Box 2091 

Jackson, Mississippi 39205 

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Joe R. Fancher, Jr. 7” 
Attorney at Law 

P. O. Box 245 
Canton, Mississippi 39046