Jeffers v. Whitley Appellees' Brief and Appendix

    !n T he

United States Court of Appeals
For the Fourth Circuit 

No. 8593

ALEXANDER JEFFERS and SYLVEEN JEFFERS, minors, and 
JO HN L. JEFFERS and A N N IE L. JEFFERS, their parents 
and next friends; NATHAN BROWN, LUNSFORD BROWN, 
and SHELIAH BROWN, minors, and JASPER  BROWN, their 
father and next friend; and CHARLIE SAUNDERS, JR., and 
FRED SAUNDERS, minors, and C. H. SAUNDERS, their 
father and next friend,

Appellants,

THOMAS H. W H ITLEY , Superintendent of the Public Schools 
of Caswell County, DAVID L. JOHNSON, Chairman, C. N. 
BARKER, J. A. HODGES, N. L. OLIVER and J. C. W ILK IN S, 
members of the School Board of Caswell County,

Appellees.

APPELLEES' BRIEF and APPENDIX

ROBERT R. BLACKW ELL 
Yanceyville, North Carolina

Attorney for Appellees



INDEX
Page

Statement of the Case ............................................................ 1

Questions Involved.................................................................. 4

Statement of the F ac ts ............................................................ 4

Arguments
The Order Entered December 29, 1961, by 
The United States District Court for the 
Middle District of North Carolina Should 
be Sustained.............................................................. 7

A. The Jeffers children Failed to Exhaust 
Their Administrative Remedies; There­
fore The Court’s Order in Dismissing
Their Action Should be Sustained .................  8

B. Race Alone is an Insufficient Reason for
Granting Applications for Transfer of 
School Children From One School to 
Another, Therefore, The Court’s Order 
Dismissing The Brown Plaintiffs’ Action 
Should Be Sustained ........................................  9

Conclusion ...............................................................................  13

i



TABLE OF CASES
Briggs v. Elliott
132 F, Supp. 776 (E.D.8.C.-1955) ......................................  11

Carson v. Board of Education of McDowell County
227 F. 2d. 789 (4th Cir. 1955) ............................................  2

Carson v. Warlick
238 F. 2d. 724 .......................................................................  H

Holt v. Raleigh City Board of Education
265 F. 2d. 95 (4th Cir. 1959) ............................................  2,8

Jeffers v. Whitley
197 F. Supp. 84 (M.D.N.C.-1961) ......................................  3

McKissick v. Durham City Board of Education
176 F. Supp. 3 (M.D.N.C.-1959) ......................................  8

Thompson v. County School Board of Arlington County 

144 F. Supp. 239 (E.D.Va.-1956) .................................... 10,11

STATUTES
N.C. G.S. 115-178 .................................. .............................  2,11

N.C. G.S. 115-179 ...............................................................  2

N.C. G.S. Article 21 ............................................................ g

il



In T he

United States Court of Appeals
For the Fourth Circuit

No. 8593

ALEXANDER JEFFERS and SYLVEEN JEFFERS, minors, and 
JO H N  L. JEFFERS and A N N IE  L. JEFFERS, their parents 
and next friends; NATHAN BROWN, LUNSFORD BROWN, 
and SHELIAH BROWN, minors, and JASPER  BROWN, their 
father and next friend; and CHARLIE SAUNDERS, JR., and 
FRED SAUNDERS, minors, and C. H. SAUNDERS, their 
father and next friend,

Appellants,

THOMAS H. W H ITLEY , Superintendent of the Public Schools 
of Caswell County, DAVID L. JOHNSON, Chairman, C. N. 
BARKER, J. A. HODGES, N. L. OLIVER and J. C. W ILK IN S, 
members of the School Board of Caswell County,

Appellees.

APPELLEES' BRIEF and APPENDIX

STATEMENT OF THE CASE
This action was originally filed with the Court on Decem­

ber 5th, 1956; however, the appellants made no allegations 
in their complaint, (appellants’ appendix page l.a thru 17.a) 
that they had complied with, or attempted to comply with,



2

the administrative remedies provided for by the North 
Carolina Pupil Assignment Act.

On January 20th, 1958, after this Court had held in CAR- 
SON v. BOARD OF EDUCATION of McDOWELL COUNTY, 
227F.2d 789,790, and in other similar cases, that the Courts 
of the United States will not grant injunctive relief until 
administrative remedies have been exhausted, the appellants 
petitioned the Court and were granted the right to file 
supplemental proceedings. In the Appellants’ Supplemental 
Complaint (appellants’ appendix pages 33.a thru page 36.a) 
the appellants allege that they did exhaust their administra­
tive remedies required by the Pupil Assignment Law, or 
more particularly the requirements of North Carolina Gen­
eral Statutes 115-178 and 115-179; however, said administra­
tive remedies were not complied with since appellants failed 
to attend a hearing provided for by the North Carolina Pupil 
Assignment Act and requested by the Appellants, (Appel­
lants’ appendix 39.a and Exhibit 14, page 1, appellees’ ap­
pendix).

After this Court held in HOLT v. RALEIGH CITY BOARD 
of EDUCATION, 265 F.2d. 95, that minor plaintiffs or their 
parents must attend hearings provided for in the Pupil 
Assignment Act and requested by them when appealing 
from the defendants’ rejection of their application for trans­
fer, the appellants again petitioned the Court and were grant­
ed the right to file supplemental pleadings.

On July 26, 1960, appellants filed supplemental pleading 
and again alleged that they had exhausted their administra­
tive remedies by petitioning the Caswell County School Board 
to assign the minor Negro plaintiffs to the school nearest 
their home on a non-segregrated basis, (appellants’ 75.a)



Trial was held on the basis of the supplemental pleadings 
filed November 3, 1960, and a decision rendered on August 
4, 1961 (197F. Supp. 84). The Court at that time held the 
Jeffers children had failed to exhaust their administrative 
remedies; however, allowed the Saunders and Brown children 
to simply apply for the 1961-1962 school year and “demon­
strate that they would be entitled to attend such schools if 
they were white children.” (appellants’ appendix 151.a, 154.a, 
157.a)

Applications for the two Saunders children and three 
Brown children were then filed and on August 22, 1961, the 
Caswell County Board of Education sent a letter by special 
messenger requesting Charlie H. Saunders, Sr. to appear 
before the Board on August 24, 1961 and advise the Board if 
he still desired to have his children transferred to another 
school. This request was made, due to the fact that applica­
tion of Saunders stated he desired his children to be transfer­
red to New Dotmond School, the school they were already 
attending, (appellants’ appendix 161.a). On August 24, 1961, 
Saunders did not appear at the hearing and after discussing 
at length these facts and others and the fact that the Board 
had been advised indirectly that Saunders no longer desired a 
transfer for his children, the Saunders children’s application 
for transfer were denied. The Board at this time also denied 
the Browns’ children’s application for the reasons set forth in 
Board minutes of August 24, 1961, (appellants’ appendix 
160a, 161a, 162a).

The appellants’ Attorneys submitted an affidavit of Charlie 
Saunders in November, 1961, (appellants’ appendix 167a, 
168a) in which Saunders stated he received a letter under 
letterhead of the Klu Klux Klan which he interpreted as 
threats, if his children were transferred to a white elemen­
tary school.



4

On December 29, 1961, an Order was entered dismissing as 
to all but two minor plaintiffs, this Order was appealed by all 
plaintiffs, including the two who were granted the relief they 
sought.

The appellees make no appeal from the Order signed by the 
Court on December 29, 1961.

QUESTIONS INVOLVED
1. Whether the Negro pupil-appellants Jeffers exhausted 

their administrative remedies as provided by the North 
Carolina Pupil Assignment Act or more particularly the re­
quirements of North Carolina General Statutes 115-178 and 
115-179?

2. Whether a Negro pupil in Caswell County is entitled to 
attend an integrated school by virtue of his race alone?

STATEMENT OF THE FACTS
The defendant Board of Education maintains and super­

vises the operation of all the public schools of Caswell County, 
there being no city schools located in said County.

Approximately six thousands pupils are enrolled in the 
Caswell County public schools, about fifty-three per cent of 
whom are Negroes, and forty-seven per cent of whom are 
white.

At the end of the 1959-1960 school year sixteen of the 
original minor plaintiffs were still attending the public 
schools of Caswell County and on May 31, 1960, all were 
assigned to the schools they had attended the prior year.

On June 9, 1960, application for reassignment to schools



5

other than the one they were originally assigned were 
received on behalf of only nine of the original plaintiffs still 
attending schools in Caswell County; therefore, by stipula­
tions of counsel for the plaintiffs and the defendants, it was 
agreed that the Court in its final disposition of this case 
would only consider those minor plaintiffs who filed an 
application with the defendant Board for reassignment to 
another school for the 1960-1961 school year. Samuel Maloy 
Mitchell, one of the nine minor plaintiffs who filed applica­
tion for transfer with the Board has now graduated from 
school, and is no longer eligible to attend the public schools 
of Caswell County.

The applications of six of the present plaintiffs, to wit: 
Charlie Jeffers, Alexander Jeffers, Sylveen Jeffers, Nathan 
Brown, Lunsford Brown, Sheliah Brown, requested that each 
of said minor plaintiffs be transferred from the Caswell 
County Training School, a school presently attended solely 
by Negro students, to Bartlett Yancey School, a school pre­
sently attended solely by white students. Charlie Saunders, 
Jr. and Fred Saunders, the remaining two minor plaintiffs 
did not request a specific school to be transferred to; however, 
requested that they be transferred from New Dotmond 
Elementary School, a school attended solely by Negro stu­
dents, to a “school nearest their home, based upon a non- 
segregated system without regard to race or color.”

The defendant Board thereafter met and gave separate 
consideration to each of said applications. After considering 
the record of each applicant, “along with school bus rout­
ings, location of student’s home and information in the school 
records and on the application form” all of said applications 
for reassignment were rejected, and the parents of said minor 
plaintiffs were duly notified of the action of the Board.



6

Request for hearings before the defendant Board on denial 
of said application for reassignment were thereafter timely 
and properly filed on behalf of the said nine minor plaintiffs. 
The requests were granted and and the parents of said minor 
plaintiffs were duly notified of the date and place of the hear­
ing. At this hearing the adult plaintiffs and parents of the 
Mitchell children, Brown children and Saunders children 
were present along with their attorneys, C. 0. Pearson and 
William A. Marsh, Jr.

Neither Charlie Jeffers, Alexander Jeffers, nor Sylveen 
Jeffers, minor plaintiffs, nor either of their parents, John M. 
Jeffers and wife, Annie L. Jeffers, were present at said 
hearings although they had been properly notified of the 
place and hour of the hearing. The only explanation of their 
absence was that given by Jasper Brown, who stated he had 
gone to see John M. Jeffers, “for the purpose of attending 
this meeting and that Mr. Jeffers had stated he was too busy 
to attend the meeting.”

After the Board had again made considerable study of the 
applications and requests for hearings, and after “further 
discussion of the talks” with those present, the Board rejected 
the applications for reassignment filed on behalf of each of 
said minor plaintiffs.

Nathan Brown, Lunsford Brown and Sheliah Brown live 
about five and one-half miles from Yanceyville, and at the 
end of a dead-end country road. This country road is about 
two and one-half miles in length and all of the school children 
residing on the road attend Caswell County Training School, 
the school presently attended by said minor plaintiffs. A 
Caswell County Training School bus goes within four-tenths 
of a mile of the Brown home, but it is two and one-half miles



7

from the Brown home to the nearest school bus serving the 
Bartlett Yancey School.

Caswell County Training School, a high school presently 
attended solely by Negro students and Bartlett Yancey 
School, a high school presently attended solely by white stu­
dents, are both located in the Town of Yanceyville and are 
about one and one-half blocks apart. Caswell County Training 
School is the only school in Caswell County accredited by the 
Southern Association of Colleges and Secondary Schools.

In passing upon application for change of pupil assignment, 
the defendant Board considers all pertinent information, such 
as the pupil’s individual record, accumulated folder, resid­
ence, the reason assigned, as to why a transfer is desired and 
any other information that the Board can obtain in determin­
ing whether to approve or deny a request for transfer, and 
these same tests or procedures are applied to both Negro and 
white students seeking a transfer.

The Court on December 29, 1961, signed a judgment allow­
ing the minor plaintiffs, Saunders to attend Murphy Elemen­
tary School, a school presently attended solely by white stu­
dents at the commencement of any new semester or school 
year. A new school semester was commenced on January 23, 
1962; however, the Saunders children elected not to attend 
said school, but appealed the Court’s decision granting the 
relief they originally sought.

ARGUMENTS
THE ORDER ENTERED DECEMBER 29, 1961, BY THE 

UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF NORTH CAROLINA SHOULD 
BE SUSTAINED.



8

A. THE JEFFERS CHILDREN FAILED TO EXHAUST 
THEIR ADMINISTRATIVE REMEDIES; THEREFORE 
THE COURT’S ORDER IN DISMISSING THEIR ACTION 
SHOULD BE SUSTAINED.

The Attorneys for the Jeffers children concede in their 
brief that neither the Jeffers children nor their parents were 
personally present at the hearing on July 6, 1960, at which 
they requested; however, they contend that it was not neces­
sary for said children to attend this hearing since they had 
exhausted their administrative remedies in 1957. This con­
tention, however, is not substantiated by the facts of the 
case. Said plaintiffs and their parents also failed to attend a 
hearing they requested in 1957 (appellees’ exhibit 14, page 
1). Moreover the plaintiffs recognized their failure to comply 
with their administrative remedies provided by North Caro­
lina Pupil Assignment Law, and on October 19, 1959, the 
plaintiffs moved for a stay of the proceedings for the purpose 
of allowing them to exhaust their administrative remedies in 
the manner prescribed in HOLT v. RALEIGH CITY BOARD 
of EDUCATION, 164 F. Supp. 853 (E.D.N. C-1958), affirmed 
4 Cir., 265 F. 2d. 95 (1959), Cert. den. 361 N. 8.818, 80 S. Ct. 
59,4 L. Ed. 2d. 63 (1959), and McKISSICK, v. DURHAM 
CITY BOARD of EDUCATION, 176 F. Supp. 3(M.D.N.C.- 
1959). The plaintiffs also agreed at this time that this case 
would be limited to an adjudication of the rights of those 
minor plaintiffs who exhausted their administrative remedies 
with respect to the 1960-1961 school year. Certainly the plain­
tiffs would never have made such an agreement had they 
been of the opinion they had exhausted their administrative 
remedies in 1957; therefore, any contention at this time that 
the Jeffers children complied with their administrative rem­
edies in 1957 or 1960 is without merit.

The HOLT and McKISSICK cases (supra) clearly state



9

that students seeking reassignment fail to comply with ad­
ministrative remedies when they fail to attend hearings 
before school boards and that appearance by cousel is in­
sufficient.

B. RACE ALONE IS AN INSUFFICIENT REASON FOR 
GRANTING APPLICATIONS FOR T R A N S F E R  OF 
SCHOOL CHILDREN FROM ONE SCHOOL TO ANOTHER, 
THEREFORE, THE COURT’S ORDER DISMISSING THE 
BROWN PLAINTIFFS’ ACTION SHOULD BE SUSTAIN­
ED.

The Brown children throughout this action have failed to 
give any reason as to why a transfer was desired other than 
race (appellants 150a). Indeed all the facts in this case tend 
to show that had the defendant Board granted the said plain­
tiffs transfer that would have violated the terms of the North 
Carolina Pupil Assignment Act, since said applications were 
based on race alone.

The Brown children are presently attending Caswell Train­
ing School, a school superior to Bartlett Yancey for which 
they are seeking transfer (appellants’ appendix 89a): It is 
further established by stipulations (appellents’ appendix 89a) 
that the Brown plaintiffs reside five and one-half miles from 
Yanceyville, North Carolina. They reside at the end of a dead­
end country road, said road being two and and one-half miles 
in length, and all of the school children residing on this road 
attend Caswell County Training School and a Caswell County 
Training bus goes to within four-tenths of a mile of Brown’s 
home. It is two and one-half miles from Brown’s home to the 
nearest Bartlett Yancey High School bus line.

The Brown plaintiffs applications for transfer, for the 
1960-1961 school year (appellees appendix 8), states as the



10

only reason given as to why a transfer was desired was to 
permit them to “transfer to an integrated school system, 
regardless of race, creed, or color.”

After the Court had requested the Brown plaintiffs in its 
opinion rendered August 4, 1961, to demonstrate that they 
would be entitled to attend the school they were seeking 
assignment if they were white children, they again give race 
as the only reason (appellees appendix 13) for transfer.

The Constitution does not require integration, it merely 
forbids discrimination. This is clearly stated in THOMPSON 
v. COUNTY SCHOOL BOARD of ARLINGTON COUNTY, 
144 F. Supp. 239 (E.D.Va.-1956). In this case Judge Bryan 
stated:

“It must be remembered that the decisions of the 
Supreme Court of the United States in Brown v. Board of 
Education, 1954, 347 U.S. 483, 74 S.Ct. 686, 98 L. ed. 873 
and 1955, 349 U.S. 294, 75 S. Ct. 753,99 L. ed. 1083, do 
not compel the mixing of the different races in the public 
schools. No general reshuffling of the pupils in any school 
system has been commanded. The order of that Court is 
simply that no child shall be denied admission to a school 
on the basis of race or color. Indeed, just so a child is not 
through any form of compulsion or pressure required to 
stay in a certain school, or denied transfer to another 
school, because of his race or color, the school heads may 
allow the pupil, whether white or Negro, to go to the 
same school as he would have attended in the absence of 
the ruling of the Supreme Court. Consequently, com­
pliance with that ruling may well not necessitate such 
extensive changes in the school system as some anticip­
ate.”

At no time have the Brown children attempted to show 
discrimination on the part of the defendant Board, but have 
merely attempted to show that the policies and procedures 
of the Board have not been to their particular liking. Cer­
tainly the policies and procedures of the Caswell County



11

School Board are not too discriminatory when after five 
years of litigation the plaintiffs have failed to show that any 
child in Caswell County has been denied a proper education 
because of race, creed or color. Counsel realizes that the doc­
trine of separate but equal facilities is no longer the law; 
however, Counsel does not understand the law to state that 
a Negro pupil plaintiff or his class is entitled to relief in the 
Federal Courts by merely showing to the Courts that he is 
of the Negro race and by virtue of this fact alone is entitled 
to be assigned to an integrated school. The above expressions 
are in accord with BRIGGS v. ELLIOTT 132 F. Supp. 776 
(E.D.S.C.-1955) THOMPSON v. COUNTY SCHOOL BOARD 
of ARLINGTON COUNTY, (supra). CARSON v. WARLICK, 
238 F. 2d. 724.

Counsels for the plaintiffs argue that the policies of the 
defendant Board present insurmountable hurdles to Negroes 
seeking to enter white schools and attempt to sustain this 
argument by stating this particular action has been pending 
since 1956. An examination of the record in the case; how­
ever, clearly shows that the defendant Board at no time 
delayed making assignments, set hearings or notifying the 
plaintiffs of their decisions. The Caswell County Board of 
Education in passing upon all applications for transfers both 
Negro and white followed the procedure set forth in North 
Carolina General Statutes 115-178 as follows:

“The parent or guardian of any child, or the person 
standing in loco parentis to any child, who is dissatisfied 
with the assignment made by a board of education may, 
within ten (10) days after notification of the assign­
ment, or the last publication thereof, apply in writing to 
the board of education for the reassignment of the child 
to a different public school. Application for reassign­
ment shall be made on forms prescribed by the board of 
education pursuant to rules and regulations adopted by 
the board of education. If the application for reassign­



12

ment is disapproved, the board of education shall give 
notice to the applicant by registered mail, and the ap­
plicant may within five (5) days after receipt of such 
notice apply to the board for a hearing, and shall be 
entitled to a prompt and fair hearing on the question of 
reassignment of such child to a different school. A 
majority of the board shall be a quorum for the purpose 
of holding such hearing and passing upon application for 
reassignment, and the decision of a majority of the mem­
bers present at the hearing shall be the decision of the 
board. If, at the hearing, the board shall find that the 
child is entitled to be reassigned to such school, or if the 
board shall find that the reassignment of the child to 
such school will be for the best interests of the child, and 
will not interfere with the proper administration of the 
school, or with the proper instruction of the pupils there 
enrolled, and will not endanger the health or safety of 
the children there enrolled, the board shall direct that 
the child be reassigned to and admitted to such school. 
The board shall render prompt decision upon the hear­
ing, and notice of the decision shall be given to the ap­
plicant by registered mail.”

This entire procedure was completed by the defendant, in 
regard to the plaintiff’s applications for transfer filed June 9, 
1960, on July 15, 1960. (appellees appendix, page 5, 6).

It is true it became the policy of the Caswell County Board 
of Education in 1955, after the passage of the North Carolina 
Pupil Assignment Law, to make assignments for all students 
presently attending schools in the Caswell County System to 
the school to which they had attended in prior years, or in 
the case of children who were attending school for the first 
time, these children were assigned to schools to which they 
themselves attended the pre-school clinic. It is earnestly 
contended that this was a fair and equitable policy to adopt 
since it could be reasonably assumed that children were ac­
customed to, familiar with, and had strong personal ties at 
the schools which they had attended in prior years, and due 
to the necessity of the Board having to arrange for sufficient 
teachers to take care of the school load at particular schools,



13

provide schools buses to take care of the children attending 
said schools, this was the only practical policy that could be 
worked out, and it certainly has met with the approval of the 
citizens in our County, since there have only been from forty 
to fifty applications for transfer made to the school board for 
transfer since this policy was adopted. This policy also in 
itself provided the plaintiffs or person of their class the right 
to choose an integrated-school since a child under this policy 
need only to present himself to the school of his choice at the 
pre-school clinic for admission to such school, provided of 
course they lived within range of school bus transportation.

IN CONCLUSION since the Saunders plaintiffs have been 
granted the relief they originally sought; the Jeffers plaintiffs 
have failed to comply with these administrative remedies; 
and the Brown plaintiffs have failed to establish by a pre­
ponderance of the evidence that they were denied a con­
stitutional right because of their race; this appeal should be 
dismissed and the order, of the United States District Court 
for the Middle District of North Carolina, entered December 
29, 1961, sustained.

Respectfully submitted. 
Robert R. Blackwell 
Yanceyville, North Carolina 
Attorney for Appellees



14

APPELLEES' - DEFENDANTS 
APPENDIX



15

INDEX TO APPENDIX
Exhibit 14 (Annexed To Stipulations Filed

September, 1959 ...................................................................... 16

Stipulations (October, 1960) ................................................  19

Application for Transfer of Nathan Brown

(filed June 7, 1960) ................................................................ 25

Application for Transfer of Lunceford Brown

(filed June 7, 1960) ................................................................ 29

Application for Transfer of Shelia Brown

(filed June 7, 1960) .......................................................   32

Reasons Given By Brown—Plaintiffs,

For Seeking Transfer ............... ........................................... . 35



16

EXHIBIT 14
(ANNEXED TO STIPULATIONS FILED 

SEPTEMBER, 1959)

The Caswell County Board of Education met in special 
session Tuesday morning September 3rd at 8:30 in the Board 
room of the Administration building for the purpose of hear­
ing an appeal as requested in a letter of August 29, 1957 by
C. 0. Pearson and William A. Marsh, Jr., attorneys of Dur­
ham, N. C., for their clients who are Negro parents of certain 
Caswell County school pupils.

Members present were David R. Johnson, Chairman, N. L. 
Oliver, J. C. Wilkinson, C. N. Barker, and J. A. Hodges.

Mr. Dave Green of the Greensboro Daily News and Ervin 
Stephens of the Caswell Messenger attended the meeting.

Minutes of August 26, 27, 28, 1957 were approved as receiv­
ed thru the mail by the members.

Upon motion by Barker, seconded by Hodges and un­
animous passage, the Superintendent was directed to sign a 
road petition on behalf of several families near New Dot- 
mond School for improvements on the road which crosses 
school property.

The Board waited some 30 to 40 minutes for the appear­
ance of C. 0. Pearson in accordance with his request for a 
hearing on the part of Caswell County clients. Mr. Pearson 
did not show up as expected, however, he had sent by one of 
the clients written appeals for the individual pupils to the 
Superintendent the night before with the request that these 
written appeals be presented to the Board. These appeals



17

number 35 and 11 names were added to the list by a telegram 
from C. 0, Pearson at about the time the Board went into 
session.

One written appeal is copied below, being an exact copy for 
each of the 35 pupils concerned except where the parental 
names, students’ name, age and distance from the school 
nearest each, was filled in for the respective pupils:

NORTH CAROLINA 
CASWELL COUNTY

September 2, 1957
BEFORE THE CASWELL COUNTY BOARD 

OF EDUCATION



18

APPEAL
C. 0. Pearson and William A. Marsh, Jr., Attorneys fo r___

------------------ and wife, — —_ _ ----------------., parents o f____
—--------------- -------- ag e --------- , minor who was assigned to a
segregated school system by the Caswell County Board of 
Education solely on the basis of race, hereby lodge an appeal 
to said Board and respectfully request that this child be re­
assigned to the school nearest him on a nonsegregated basis.

This child lives approximately_____ miles from the school
nearest him, however, the school to which he was assigned 
is farther in distance and entirely out of the school district 
in which he lives, thereby creating a hardship on his parents 
and indeed him because of such assignment.

May we direct your attention to the fact by the assignment 
made of this minor to the same segregated school system and 
the same segregated school in which he was previously en­
rolled solely because of his race does irreparable damage to his

personality and hinders his development psychologically in 
that it creates a feeling of inferiority and makes him feel that 
he cannot fully develop in the community as a first class 
citizen.



19

STIPULATIONS OF THE COURT 
OCTOBER, 1960

IN THE
UNITED STATES DISTRICT COURT 

MIDDLE DISTRICT OF NORTH CAROLINA 
GREENSBORO DIVISION

CIVIL ACTION NO. 1079
JOHN L. JEFFERS, ET AL 

PLAINTIFFS 
VS

THOMAS H. WHITLEY, 
Superintendent of the PUBLIC 
SCHOOLS OF CASWELL 
COUNTY, ET AL,

DEFENDANTS

STIPULATIONS:

In the above entitled action, now pending in the District 
Court of the United States, for the Middle District of North 
Carolina, Greensboro Division, it is Stipulated by and be­
tween Counsel for the Plaintiffs and Counsel for the Defend­
ant as follows:

1 .

That at the beginning of the 1960-61 school year 16 of the 
original 44 plaintiffs in this action are still attending the 
public schools administered by the Caswell County School 
Board, and are presently enrolled in the respective schools 
and grades opposite their respective names:

NAME OF PUPIL SCHOOL GRADE
1. Hernalene Mitchell—Caswell County Training School 11
2. Curtis Mitchell—Caswell County Training School 9



20

3. Zelodis Mitchell—Highrock Elementary School 7
4. Veria Mitchell—Highrock Elementary School 5
5. Maloy Mitchell—Caswell County Training School 12
6. Ruth Mitchell—Caswell County Training School 11
7. Tony Mitchell—Highrock Elementary School 8
8. Mae Tresea Mitchell—Highrock Elementary School 7
9. Alexander Jeffers —Caswell County Training School 11

10. Sylveen Jeffers—Caswell County Training School 9
11. Nathan Brown—Caswell County Training School 8
12. Lunsford Brown—Caswell County Training School 6
13. Sheliah Brown—Caswell County Training School 5
14. Charlie Saunders, Jr.—New Dotmond School 7
15. Fred Saunders—New Dotmond School 7
16. Meria Saunders—New Dotmond School 4

2 .

That on May 31, 1960, the following minor plaintiffs were 
assigned to the Caswell County Training School by means of 
notification on their respective report cards:

Maloy Mitchell, Nathan Brown, Lunsford Brown, Sheliah 
Brown, Charlie Jeffers, Alexander Jeffers and Sylveen Jeff­
ers. Caswell County Training School which is attended 
predominately by negro students.

3.

That on May 31, 1960, by means of notification on their 
respective report cards the following minor plaintiffs were 
assigned to New Dotmond Elementary School, a school at­
tended predominately by negro students:

Charlie Saunders and Fred Saunders.



21

4.

That on June 9, 1960, the adult plaintiff parents filed 
petitions hereto attached marked, Exhibits 1 through 9, in­
clusive, for their respective minor plaintiffs. Said applica­
tions were filed in apt time, after the original assignments 
were made, seeking reassignment from the schools they had 
been assigned.

5.

That in apt time the Board gave consideration to the 
applications heretofore set out and Exhibit No. 10, hereto 
attached shows the action of the Board in regard to the 
applications heretofore filed.

6.

That in due time minor plaintiff parents were notified of 
the action taken by the Board and in apt time filed Exhibit 
Nos. 11 through 14, inclusive, hereto attached, requesting a 
hearing in regard to the rejection their children’s application 
for reassignment.

7.

That on July 6, 1960, the Caswell County School Board 
granted a hearing on the application of the plaintiffs, Jasper 
Brown, John M. Jeffers and Ada Mitchell, and present at the 
hearing were Jasper Brown and wife, Odessa Brown, adult 
plaintiffs and parents or guardians of Nathan Brown, Luns­
ford Brown and Sheliah Brown, minor plaintiffs herein; 
George Mitchell and wife, Ada Mitchell, adult plaintiffs and 
parents or guardians of Maloy Mitchell, minor plaintiff here­
in, and also present for said hearing was C. 0. Pearson, their 
Counsel of record, who read an individual memorandum, a



22

copy of which is hereto attached marked, Exhibit No. 15. This 
memorandum was filed for and in behalf of Nathan Brown, 
Lunsford Brown, Sheliah Brown, Maloy Mitchell, Alexander 
Jeffers, Charlie Jeffers and Sylveen Jeffers.

8.

That neither the minor plaintiffs Alexander Jeffers, Charlie 
Jeffers and Sylveen Jeffers, nor their parents or guardians 
were present at said hearing, although they had received 
proper notification of said hearing. However, C. O. Pearson, 
Attorney, stated that he had a Power of Attorney to represent 
John M. Jeffers, and he presented, as heretofore stated, a 
written appeal for each of said minor plaintiffs.

9.

That attached hereto and marked Exhibit Nos. 16 and 17, 
which is an exact copy of the action taken by the Board in 
regards to the applications of Alexander Jeffers, Charlie 
Jeffers, Sylveen Jeffers, Maloy Mitchell, Sheliah Brown, 
Lunsford Brown and Nathan Brown.

10.

That on July 15, 1960, a hearing was held by the Caswell 
County Board of Education on the appeals of Charlie Saund­
ers, adult plaintiff parent or guardian of Charlie Saunders 
and Fred Saunders, minor plaintiffs herein; that said appeals 
were in writing and are hereto attached, marked Exhibit Nos. 
18 and 19. Said appeals were read by William A. Marsh, Jr., 
Attorney, of record to the Board in the presence of the full 
Board and Charlie Saunders, Sr., adult plaintiff, who was 
also present. That after the hearing of the application of 
Charlie Saunders, the adult plaintiff parent and guardian of 
Fred and Charlie Saunders, minor plaintiffs herein, the Cas­



well County Board again denied the petition filed by the adult 
plaintiff, a copy of the Board’s action is hereto attached, 
marked, Exhibit No. 20.

11.

That each and every Exhibit attached hereto is a true and 
exact copy of the original.

12.

That the Caswell County Training School is a High School 
located in the village of Yanceyville, North Carolina and is 
predominately attended by students of the Negro race; that 
Bartlett Yancey High School is a High School also located in 
the village of Yanceyville, North Carolina, and is predom­
inately attended by White students. These two schools are 
located only one and one-half blocks apart; that New Dot- 
mond Elementary School is an elementary school located in 
Caswell County, North Carolina, and is predominately attend­
ed by students of the Negro race, and is the school presently 
attended by Charlie Saunders, Jr., and Fred Saunders, said 
school being located four and two-tenths miles from their 
home; that there is located a school attended predominately 
by White students, located two and four-tenths miles from 
the Saunders children’s home, called Murphy School. Charlie 
H. Saunders, Jr. and Fred Saunders ride a school bus to New 
Dotmond School, this school bus runs by their home since 
they live on Highway No. 62. There is also a school bus which 
goes by their home to Murphy School. Murphy School being 
located West of Charlie Saunders’ home and New Dotmond 
School being located East of Charlie Saunders’ home.

13.

That all minor plaintiffs travel to and from the schools they



24

are presently attending by school buses provided by the Cas­
well County Board of Education, and this would be true had 
their applications for transfer been granted.

14.

That the Caswell County Training School is the only school 
in Caswell County accredited by the Southern Association of 
Colleges and Secondary Schools.

15.

That the adult plaintiffs, Jasper Brown and wife, Odessa 
Brown and their children, Nathan Brown, Lunsford Brown 
and Sheliah Brown, reside five and one-half miles from 
Yanceyville, North Carolina. The said Brown’s reside at the 
end of a dead-end country road, said road being two and one- 
half miles in length, and all of the school children residing 
on the road attend Caswell County Training School and a 
Caswell Training bus goes to within four-tenths of a mile of 
Brown’s home. It is two and one-half miles from Brown’s 
home to the nearest Bartlett Yancey High School bus line; 
that at present there are no White residents having children 
in school residing in this general community.

This th e ------------ day of October, 1960.

Respectfully submitted,

C. 0. PEARSON 
Attorney at Law 
203If; East Chapel Hill Street 
Durham, North Carolina



25

WILLIAM A. MARSH, Jr. 
Attorney at Law 
203Uj East Chapel Hill Street 
Durham, North Carolina 

Counsel for Plaintiffs

ROBERT R. BLACKWELL 
Attorney at Law 
Yanceyville, North Carolina 

Counsel for Defendants

Date
Date: June 7, 1960 Caswell County Application June 9, 1960 

School Adminis- Received 
trative Unit

By Whom
Yancey ville, North Carolina Received Nan Owen

From Jasper Brown

APPLICATION FOR CHANGE OF PUPIL ASSIGNMENT

1. Name of child Brown, Nathan
Last First Middle

2. With whom does Route 1, Box 72
child reside? Parents Address: Blanch, N. C.

Route 1, Box 72
3. Father’s name Jasper Brown Address: Blanch, N. C.

Occupation Farmer Business Tel.

Route 1, Box 72
4. Mother’s name Odessa Brown Address: Blanch, N. C.



26

Occupation Farmer Business Tel.

5. Name of legal
Guardian, if a n y ______________Address______________

Occupation ____________ Business Tel. _ _ _ _ _ _ _ _ _ _ _

6. Date of child’s birth 18, March, 1947 Is birth verified
Day Month Year by birth

certificate ? Yes

7. Place of child’s birth Reidsville, Rockingham, N. C.
Town (City) County State

Sex M

Caswell Co. Training School
8. School last attended Yanceyville, N. C. When? 1959-60

Name Town (City) State

9. Total number of years in school, including current
year 7

Present Grade 8th

10. Grade and school to which child has been assigned by the
Board Caswell Co. Training School

11. Grade and school to which assignment is requested 8th
Bartlett-Yancey School

12. Names of all brothers and sisters of this child now attend­
ing the public schools of this administrative unit, or 
planning to attend such schools during the following 
school year, with names of schools to which they have 
been assigned: (If more than two, attach additional 
sheet)

(1) Lunceford Brown Caswell Co. Training School
(2) Shelia Brown Caswell Co. Training School
(3) Jocelyn Brown Caswell Co. Training School



27

13. State specific reasons why child should not attend school 
to which child has been assigned. (If more space neces­
sary, attach additional sheet). “Child assigned on the 
basis of race and color to which assignment the parents 
specifically object to.”

14. State specific reasons why child should be assigned to 
some other school named by you in paragraph 11 above. 
(If more space necessary, attach additional sheet). “Re­
quest for transfer to an integrated school system regard­
less of race, creed or color.”

15. Has child been successfully vaccinated for smallpox, 
whooping cough and diphtheria? Yes Present certificate 
of proof.

16. The undersigned hereby certify that to their knowledge 
the above named child does not have any infectious or 
contagious disease, that no member of the household in 
which he resides has any infectious or contagious disease, 
and that, upon request, said child will submit to a phys­
ical examination by a physician to be approved by the 
Board of Education to which this application is sub­
mitted.

17. Attach hereto, as a part of this application, a complete 
official transcript of child’s record to date.

18. The undersigned hereby agree to submit above named 
child to mental and achievement tests upon request of 
said Board of Education.

19. I agree that, upon request, I will furnish to said Board 
of Education such other information as it may request 
touching upon this child’s eligibility and fitness for



28

assignment to the school to which assignment is request­
ed.

( /S /  ODessar Brown 
( Mother
(
( /S /  Jasper Brown_________
( Father
(
( -______________ ____________ _
( One standing in loco parentis

Certificate

North Carolina 
Caswell County

1, John W. Fulton, a Notary of Caswell County, North 
Carolina, do hereby certify that she and he personally ap­
peared before me this day and, being by me duly sworn, said 
that he (or she) is the person who signed the foregoing ap­
plication; that he (or she) is a parent or guardian of the child, 
or person standing in loco parentis to the child, for whom this 
application is made; that affiant is the person authorized by 
law to make such application; that this application is made in 
good faith for the reasons stated therein; and that the state­
ments made therein are true to the best of affiant’s know­
ledge and belief.

Witness my hand a n d ----------- -------Seal, this 8th day of
June, 1960.

/S /  John W. Fulton

My com. exp: 6-20-60

Seal (notary public or of a person 
authorized by laws of N. C. 
to administer oaths)



29

Date
Date June 7, 1960 Caswell County Application June 9, 1960

School Admini- Received 
strative Unit

By Whom
Yanceyville, North Carolina Received Nan Owen 

APPLICATION FOR CHANGE OF PUPIL ASSIGNMENT

1. Name of child Brown, Lunceford
Last First Middle

2. With whom does Rt. 1, Box 72
child reside? Parents Address Blanch, N. C.

Rt. 1, Box 72
3. Father’s name Jasper Brown Address Blanch, N. C.

Occupation Farmer Business Tel.____________

Rt. 1, Box 72
4. Mother’s name Odessa Brown Address Blanch, N. C.

Occupation Farmer Business Tel.

5. Name of Legal
Guardian, if a n y --------------------Address _ ----------------- -

Occupation-------------------- Business Tel----------------------

6. Date of child’s birth 24, March, 1948 Is birth verified
Day Month Year by birth

Certificate? Yes

7. Place of 

Sex M

child’s birth Reidsville, Rockingham, N. C.
Town (City) County State

Caswell Co. Training School
8. School last attended Yanceyville, N. C. When? 1959-60

Name Town (City) State



30

9. Grade and school to which child has been assigned by the
Board Caswell Co. Training School

11. Grade and school to which assignment is requested 6th
Bartlett-Yancey School

12. Names of all brothers and sisters of this child now attend­
ing the public schools of this administrative unit, or 
planning to attend such schools during the following 
school year, with names of schools to which they have 
been assigned: (If more than two, attach additional 
sheet)

(1) Nathan Brown Caswell Co. Training School
(2) Shelia Brown Caswell Co. Training School
(3) Jocelyn Brown Caswell Co. Training School

13. State specific reasons why child should not attend school 
to which child has been assigned. (If more space neces­
sary, attach additional sheet). “Child assigned on the 
basis of race and color to which assignment the parents 
specifically object to.”

15. Has child been successfully vaccinated for smallpox, 
whooping cough and diphtheria? Yes Present certificate 
of proof.

16. The undersigned hereby certify that to their knowledge 
the above named child does not have any infectious or 
contagious disease, that no member of the household in 
which he resides has any infectious or contagious disease, 
and that, upon request, said child will submit to a phys­
ical examination by a physician to be approved by the 
Board of Education to which this application is sub­
mitted.



31

17. Attach hereto, as a part of this application, a complete 
official transcript of child’s record to date.

18. The undersigned hereby agree to submit above named 
child to mental and achievement tests upon request of 
said Board of Education.

19. I agree that, upon request, I will furnish to said Board of 
Education such other information as it may request 
touching upon this child’s eligibility and fitness for as­
signment to the school to which assignment is requested.

( /S /  ODessar Brown____________
( Mother 
(
( /S /  Jasper Brown_____________
( Father
(
( -------------------------------------------
( One standing in loco parentis

Certificate
North Carolina 
Caswell County

I, John W. Fulton, a Notary of Caswell County, North 
Carolina, do hereby certify that she and he personally ap­
peared before me this day and, being by me duly sworn, said 
that he (or she) is the person who signed the foregoing 
application; that he (or she) is a parent or guardian of the 
child, or person standing in loco parentis to the child, for 
whom this application is made; that affiant is the person 
authorized by law to make such application; that this applica­
tion is made in good faith for the reasons stated therein; and 
that the statements made therein are true to the best of 
affiant’s knowledge and belief.



32

Witness my hand an d _________________seal, this 8th day
of June, 1960.

/S /  John W. Fulton

My com. exp: 6-20-60 
Seal (notary public or of a person 

authorized by laws of N. C. 
to administer oaths)

Date
Date June 7, 1960 Caswell County Application June 9, 1960

School Admini- Received 
strative Unit

By Whom
Yanceyville, North Carolina Received Nan Owen

APPLICATION FOR CHANGE OF PUPIL ASSIGNMENT

1. Name of child Brown, Shelia_____________
Last First Middle

2. With whom does Rt. 1, Box 72
child reside? Parents Address Blanch, N. C.

Rt. 1, Box 72
3. Father’s name Jasper Brown Address Blanch, N. C.

Occupation Farmer Business Tel.

Rt. 1, Box 72
4. Mother’s name Odessa Brown Address Blanch, N. C.

Occupation Farmer Business Tel.

5. Name of Legal
Guardian, if a n y --------------------Address

Occupation-------------------- Business Tel.



33

6. Date of child’s birth 9 Nov. 49 Is birth verified
Day Month Year by birth

Certificate?

7. Place of child’s b ir th ........ .................... . ...... .......... Sex F
Town (City) County State

8. School last attended__________ ______ _ When?____
Name Town (City) State

9. Total number of years in school, including current year 4
Present Grade 5

10. Grade and school to which child has been assigned by the
Board Caswell Co. Training School

11. Grade and school to which assignment is requested 5th
Bartlett-Yancey School

12. Names of all brothers and sisters of this child now attend­
ing the public schools of this administrative unit, or 
planning to attend such schools during the following 
school year, with names of schools to which they have 
been assigned: (If more than two, attach additional 
sheet)

(1) Lunceford Brown Caswell Co. Training School
(2) Nathan Brown Caswell Co. Trainnig School
(3) Jocelyn Brown Caswell Co. Training School

13. State specific reasons why child should not attend school 
to which child has been assigned. (If more space neces­
sary, attach additional sheet). “Child assigned on the 
basis of race and color to which assignment the parents 
specifically object to.”

15. Has child been successfully vaccinated for smallpox,



34

whooping cough and diphtheria? Yes Present certificate 
of proof.

16. The undersigned hereby certify that to their knowledge 
the above named child does not have any infectious or 
contagious disease, that no member of the household in 
which he resides has any infectious or contagious disease, 
and that, upon request, said child will submit to a phys­
ical examination by a physician to be approved by the 
Board of Education to which this application is sub­
mitted.

17. Attach hereto, as a part of this application, a complete 
official transcript of child’s record to date.

18. The undersigned hereby agree to submit above named 
child to mental and achievement tests upon request of 
said Board of Education.

19. I agree that, upon request, I will furnish to said Board of 
Education such other information as it may request 
touching upon this child’s eligibility and fitness for as­
signment to the school to which assignment is requested.

( /S /  ODessar Brown____________
( Mother
(
( /S /  Jasper Brown_____________
( Father
(
( _____________ _______ _
( One standing in loco parentis 

Certificate
North Carolina
Caswell County

I, John W. Fulton, a Notary of Caswell County, North



35

Carolina, do hereby certify that she and he personally ap­
peared before me this day and, being by me duly sworn, said 
that he (or she) is the person who signed the foregoing 
application; that he (or she) is a parent or guardian of the 
child, or person standing in loco parentis to the child, for 
whom this application is made; that affiant is the person 
authorized by law to make such application; that this applica­
tion is made in good faith for the reasons stated therein; and 
that the statements made therein are true to the best of 
affiant’s knowledge and belief.

Witness my hand an d ------------------------- seal, this 8th day
of June, 1960.

/S /  John W. Fulton

My com. exp: 6-20-60
Seal (notary public or of a person 

authorized by laws of N. C. 
to administer oaths)

REASONS GIVEN BY BROWN—PLAINTIFFS IN AU­
GUST, 1961, FOR SEEKING TRANSFER (Attached to 
application, not printed)

13. The applicant for reassignment specifically objects to 
having been initially assigned to the present school for 
the reason that the school to which he has been assigned 
is operated on a segregated basis, and the school system 
of Caswell County is operated on a segregated basis. Fur­
ther, this child contends that if he were a white child of 
school age, living at his present address, he would have 
been assigned to the school that he hereby requests re­
assignment to.

14. The child named in this application for reassignment



36

should be reassigned to the school requested, for the 
reason that he is otherwise qualified and would have been 
assigned to said school if he had not been a member of 
the Negro race.