Green v. Estelle Brief for Petitioner-Appellant

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POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT H. POWELL, JR. TELEPHONE 859-1851 

JOE R. FANCHER, JR. December 7, 1971 FIRST NATIONAL BANK BUILDING 

H. NOLEN FANCHER 

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, 

Joe R. Fancher, Jr. 

cc: Judges Bell, Thornberry and Morgan 

Judge Russel | 

Counsel of Record 

Clerk, District Court 

 



POWELL, FANCHER & FANCHER 
ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT HW. POWELL, JR. R TELEPHONE 859-1851 

JOE R. FANCHER., JR. 

H. NOLEN FANCHER December Z, 1971 

FIRST NATIONAL BANK BUILDING 

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 - VSA v. Hinds County, et al 

(Canton Municipal Separate School District, et al) 

Dear Judges Bell, Thornberry, and Morgan: 

Pursuant to Crder 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, 

Joe R. Fancher, Jr. 

cc: Judge Russell 

Clerk, 

Circuit Court of Appeals, New Orleans, Louisiana 

Counsel of Record  



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH 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 

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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 
  

  

166 3785 3951 

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

        

School White Negro Total 

Canton Elementary 18 455 473 

Canton Public High 55 1642 1697 

McNeal Elementary 39 531 570 

Nichols Elementary 54 1157 1211 
  

166 3785 3951 

 



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

   
  

  

  

  

  

  

  

  

School Grade Negro White Total 

Canton Elementary 1 132 7 139 
2 186 8 194 
3 130 2 132 
Special Education 7 1 8 

455 18 473 

Canton Public High 7 372 15 387 
8 291 14 305 
9 295 6 301 
10 252 9 261 
11 246 8 254 
12 186 3 189 

1642 55 1697 

McNeal Elementary ] 182 13 195 
2 163 12 175 
3 175 14 189 

Special Education 11 0 11 

531 39 570 

Nichols Elementary 4 360 18 378 
5 382 14 396 
6 348 3? 367 
Special Education 67 3 70 

1157 54 1211 

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 

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

Negro White Total 
  

  

138 26 164 

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

  

Canton Elementary 16 6 22 
Canton Public High 63 12 75 
McNeal Elementary 20 3 23 
Nichols Elementary 39 5 44 

138 26 164 

(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. 

Vv 

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: 

The board plans to ask for Title 1 funds to repair and renovate an old building constructed in 

1924 at Nichols School. 

The board also plans to seek the assistance of the Educational Finance Commission in building 

a small health and physical education building at the high school in order to provide necessary 

facilities in the physical education department which do not currently exist at said center. 

VII 

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: 

The Canton Junior High School building was closed by Order of the Court. 

IX 

(a) 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 

    - 7 RX / 

p/ V4 pp { A / Y 

a ii SAL rm filly 
/ Lamar Fortenberry,/ Uperintendent 
  

/ , / 

 



  

CERTIFICATE OF SERVICE 
  

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

certify that on this the 7 3 day of December, 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. OG. 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 

a” 

  

Joe R. Fancher; Jr. 
Attorney at Law 

P. ©. Box 245 
Canton, Mississippi 39046