LDF Challenging Racial Advertising for Homes in 14 Southern Newspapers (Telegram)

    HOBBS, HOBBS & PEEPLES 
ATTORNEYS AT LAW 

BROOKHAVEN, MISSISSIPPI 39601 

  

HENRY W. HOBBS P. O. BOX 356 

HENRY W. HOBBS, JR. TELEPHONE 833-2711 

RALPH L. PEEPLES AREA CODE 601 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

  

LINCCLN COUNTY SCHOOL DISTRICT ET AlL., 
Defendants-Appellees. 

APRIL 15, 1971, REPORT OF LINCOLN COUNTY SCHOOL 
DISTRICT ET AL PURSUANT TO ORDER OF MARCH 30, 1°70. 
  

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 

March 22, 1971, the following facts with reference to said school district 

are correct: 

+3 (a) There are 2,358 students enrolled in the Lincoln County Schools, of ~ 

whom 1,493 are white and 865 are black. 

J 
(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 420 R40 660 

(2) Enterprise 266 119 385 

(3) Eva Harris ; Roe 195 LAT 

(4) Loyd Star 337 193 £20 

(5) West Lincoln 218 118 336 

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

five schools of the Lincoln County School District is as follows: 

Elementary (1) Bogue Chitto Attendance Center 
  

School 
Grade White Black 

Grade 1, Section A 8 10 
Grade 1, Section B 3.2 16 
rade 1, Section C 20 6 

 



  

Bogue Chitto Attendance Center, continued: 
  

Grade White Black 

Grade 2, Section A 15 re 

Grade 2, Section B 14 2.2 

Grade 3, Section A 25 8 

Grade 3, Section B 25 8 

Grade 4, Section A 2/4 8 

Grade 4, Section B 17 14 

Grade 5, Section A 21 0 

Grade 5, Section B 19 8 

Grade 5, Section C 0 22 

Grade 6, Section A 15 9 
Grade 6, Section B 22 2 

Grade 6, Section C 13 8 

High Grade White Black 

School 
English I 13 i 

English I 1) 20 

English 1 17 8 

English II 1/ FA 

English IT 19 6 

English II 10 7 

English IIT 15 7 

English 111 15 az 

English IV 21 2 

English IV # 3 

Physical Science 12 18 

General Math 10 iE 

General Math 12 10 

Chemistry 2 1 

Chemistry 7 6 

Biology 20 4 

Biology 13 6 

Advanced Math IV 4 0 

Algebra II 8 0 : 

Algebra I 23 2 
Geometry 24 5 

Algebra I 18 10 

Driver Ed 0 = 

Driver Ed 7 3 

Driver Ed 6 Z 

Home Ic I 11 o 

Home Ec I 13 7 

Home Ec II 10 3 

Home Ec II [7 7 

Home Ec III 8 1 

Bookkeeping 1 z 

Typing 3 5 

Shorthand 10 1 

Secretarial Practice 10 0 

Typing 5 6 

U.S. History 12 1 
World History 24 13 

World History 17 16 

U. S. History 14 34 

Mississippi Government £2 15 

American Government 16 il 

Economics Re 31 

 



  

(1) Bogue Chitto Attendance Center, continued: 
  

  

Grade White Black 

Spanish o 3 
Mississippi Government : 22 8 
Occupational Orientation Z 11 

Agriculture I 17 2 
Agriculture ITI 10 A 

Agriculture III 7 VA 
Physical Education Z. 3 

Physical Education 2 16 
Physical Education 2) 17 
Physical Education 15 15 
Library 24 16 
Library Z3 18 
Library 25 1 
Library 1% 2% 

Library 20 13 
Library lL 0 

(2) Enterprise Attendance Center 

Elementary Grade White Black 

School 
Grade 1, Section A 13 8 
Grade 1, Section B 15 8 

rade 2, Section A 19 3 
Grade 2, Section B 19 i 
Grade 3 2 10 
Grade /,Section A 16 7 
Grade 4, Section B 22 = 

Grade 5 23 4 

Grade 6, Section A 1Z 12 
Grade 6, Section B 1 13 

High English I 11 4 
School English I 19 9 

English II 8 6 
English II 17 6 
English ITI 8 6 
English IV 1 12 

General Math 12 7 ; 
General Math 9 & 
Algebra I 23 x 
Geometry 2 2 
American Government 13 S 
Mississippi Government 12 S 
Mississippi History 16 8 
U. 3. History 20 5 
Mississippi History 8 FA 
World History 12 10 
Driver Education 13 2 
Driver Education 5 0 

Typing 12 9 
Typing 1 2 
Bookkeeping 6 7 
Shorthand 4 0 

(3) 

 



  

(2) Enterprise Attendance Center, continued 
  

  

Grade White Black 

Physics A 3 

General Science 3 9 

Biology 24 9 

Home Ee I 21 1 
Home Ec II 6 5 
Home Ec III 6 3 
Home Ec T 8 3 
Family Living 7 6 
Agriculture I 6 3 
Agriculture II 11 2 

Agriculture IIT 7 5 

Agriculture IV ” 6 

Library Q 6 

Library 2 31 
Library 2 & 

Physical Education 33 6 

Physical Education 1s 18 

Physical Education 22 is 
Study Hall I 6 5 
Study Halli 77 R5 3 
Study Hall III 6 2 

Study Hall IV 10 5 
Study Hall V 5 A 

Study Hall IY 10 5 

(3) Eva Harris Attendance Center 

Grade White Black 

Grade 7, Section A 57 2 
Grade 7, Section B 16 8 
Grade 7, Section C 13 9 
Grade 7, Section G 1c 9 
Grade 7, Section H 16 10 
Grade 7, Section I 2 8 
Grade 7, Section J 15 12 
Grade 7, Section K 1: 71 

Seventh Grade Sections are rotated in classes in Math, English, History, 
’ = bJ b 

Science, and Physical Education in the racial groups noted above. 
J J 5 is [} 

Grade White Black 

Grade 8, Section A 14 12 

Grade 2, Section B 11 16 

Grade 8, Section C 14 12 
rn 3 > oY en 

- ry “A 

uprdde ©, veCilon u 2 FO 

Grade 8, Section I 12 14 
Grade 8, Section I 16 2 

Grade 8, Scction J 17 ei) 

Eighth Grade Sections are rotated to classes in lath, English, History, 

Science, and Physical Education in the racial groups noted above. 

Grade White Black 

Special Education I 3 10 

Special Education II 0 15 

Special Education III 10 6 

(4) 

 



  

ELEMENTARY 

School 

Loyd Star Attendance Center 
  

Grade 

Grade 1, Section A 
Grade 1, Section B 
Grade I, Section 
Grade II, Section A 
Grade II, Section B 

Q
 

Grade 5, Section 
Grade 5, Section 
Grade 6,Section A 
Grade 6, Section B 

Grade 3, Section A 
Grade 3, Section B 
Grade /, Section A 
Grade 4, Section B 

A 
B 

English 1 
English I 

English II 
English II 

English III 
English III 

English IV 
General Math 

General Math 
Algebra I 
Algebra I 
Algebra IT 
Geometry 
U. 8. History 
Je: Se. Highton 
World History 
American Government 
Mississippi History 
Mississippi Government 
Typing 

Typing 
Typing 
Bookkeeping 
Shorthand 
Biology 
Biology 
Chemistry 
Physics 
General Science 
Driver Ed 

Driver Ed 

Home Ic 
Tam mw 
Flom ihe 

e
l
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Home Hc III 

Home Ec IT 

Home Ee II 

Agriculture 1 
Agriculture 11 
Agriculture 1 
Occupational Orientation 

Physical Id 
PHYSICAL E 
Physical Ed 
Physical Ed 
Physical Ed 
Library 
Library 
Library 
Library 
Library 

White 

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(5) West Lincoln Attendance Center 
  

Grade White Black 

Elementary Grade 1, Section A 20 4 
School Grade 1, Section B 10 S 

Grade 2 27 1 
Grade 3 1° 15 

Grade 4 10 9 

Grade 5,5ection A 12 9 
Grade 5, Section B 15 Z 

Grade 6, Section A 14 < 
Grade 6, Section B 13 5 

High 
School English 1 15 31 

English IT 16 C 
Fnglish II C 13 
English III e 8 
English II 12 0 

English IV 16 9 
American Government EE LY 
TU. 8S. figtory 20 7 
World History 4 
World History 2 Z 
Mississippi History 1 iz 
World History 16 
General Math 2 14 

French 8 

Typing 

Typing 
Shorthand 

Home Ec I 

Home Ec II 

Home Ec II 

Home Ec III 

Algebra IT 
Biology 
Chemistry 
Agriculture 1 
Agriculture IT 

ET 

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Driver Ed x4 
Driver BC 6 2 
Physical Ed 35 i 

Physical Ed 14 S 
Library 10 iz 

Library 14 10 

Study I 15 14 

Study 11 Z 6 

tudy 11% 15 1% 
Study IV 1 3 

 



  

(a) There are 11/4 full time teachers in the 

of whom 84 are white and 30 are black. 

  

  

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

18 ns follows: 

Attendance Center white Black 

teachers teachers Total 

Bogue Chitto Attendance Center 23 7 30 
Enterprise Attendance Center 16 3 19 
Eva Harris [7 12 19 

Loyd Star 23 7 28 
West Lincoln 12 3 18 

Totals 84 30 114 

(c) One part time teacher, a band instructor, is employed at Bogue Chitlo le 
School and is white, 

9 

(d) Same as {(c) above. 

No requests have been received under the majority to minority transfer 
oR [4 

3 3 provision, which was a part of the court's order on November 7, 1969. 

Iv. 

A total of forty-six inter-district transfers were approved by the 

Lincoln County District Board of Education and the Brookhaven Separate 

District Board of Education, effective September 1, 1970. Thirty-seven 

transfers were approved from the Lincoln County District to the Brookhaven 

Separate School District. Of this number thirty-five were white and two 

were black, Twenty She and two black pupils are presently attending 

Brookhaven Schools. Seven pupils were transferred from the Brookhaven 

Separate School District to the Lincoln County District Schools. All seven 
a 

. by : = { 
A 

Th A MT, t NA 1- | 19 = [a deny 3m AD “a i Ll a - of J ~ J were white. No black pupils requested a transfer, 3Ioth school beards agreec 

rs 

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. The pupils 4 

+ 
Y come from all over the County and do not affect the racial complexity or 

racial balance in any one schocl because they are scattered throughout all grades. 

(7) 

 



  

V. 

- 

The transportation system of the Lincoln County School District involves 

the use of 41 school busses. Twenty-eight busses are operated by white 

drivers and thirteen are operated by black drivers. Eighteen of the 41 

busses carry pupils only of one race. Eight of the 13 busses operated by 

black drivers carry all black pupils. Ten of the 22 busses operated by white 

drivers carry all white pupils. 

Yi. 

Al] facilities in the school district, including gymnasiums, auditoriums 

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

presently proposed. 

Fill. 

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 lay 20, 1959. of 

27 = Lay, 1 Tn. TR i] (in, = We Boned Ege Nw on EVEL SE, building of the former East Lincoln School was sold te Louls Brown, a private 

Lan 2 ny £3 Wa we mire 0 3.7 - : 1% S50 mn. ; ris SBE LL I individual, on 22 July, 1970 for the sum of $1,010. The property had not 

n - - Ne fA | I. me Ne 2 Sa TAO 
been used for school DUTDOSes since SS rny IC Sher I 

po. 24 

TE. 

ny ) +h Tr Sa 3 Ta ra, “ Ary aN av ma +4 a + + Vata TNA eA Sa + 1 a) LISP O I SE 01-7 lL NO OVIE CLy committee Lil >UCIiO0O J DOaxra NaS Ne 

Ll Ro ° K Ly 

school district. 

25 TT Tadd e 13 oy ge Tn PIR y g SRE TT I Ty 
(b) 0 recommendations to the Doard Lr 4GUeatlon nave deel suomitited OY 

the committee since July 20, 1970, 

(2) 

 



  

(c) Same as (b). 

d) The principal areas of the education process in wk 
(a) mm ° . i oh d +3 x - 

- 

A is to function are (1) to consider an 

with remedial education and "catch-up" progrmas 

(2) +o bring to the attention of the school =o 

rumors concerning the operation of an 

ey hing the true facts relating tc such 

mn : Jie Ly Bhs in ide Respectfully submitted, 

1.0000 OOTY 2000, DISTRI 
j H EN IL EA oe A AEN LD ICI Lili HAO A 

for the disadvan 

FH 
TY RE Ay / Delendants-Appellees 

d approve or disapprove projects deal 

integrated school system and (3) 

hich the committee 

administration complaints and 

and runcrs. 

vm Tm 

ot 

  

   



   

  

CERTIFICATE OF SERVICE 
  

I, H. W. Hobbs, Jr., hereby certify that I have served a copy of the 

foregoing April 15, 1971, Report of Lincoln County School District Et Al 

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

depositing same, postage prepaid, in the United States mail addressed as 

Follows: 

Honorable Popa, EE. Haubere 
3 

"fice Ani 2091 

30205 

- RAY <1 A+ ATNorr 
PUTS voorns} La 

  

T ¥ 4 A et i 1..e U. 5. Department of Justice 
Se Elam | Saal are Washington D, OC, 20530 

Honorable Ben Krage, Attorney 
Civil Rights Division 
Tel De Pe rant of Justice 
Cir Rie T Cl Te LE lr O60 Milner Buildin 

Honorable Melvyn Zarr 
Attorney for NAACP legal Defense 

& Education Fund, Inc. 
1C Columbus Circle 
New York, New York 10019 

Honorable Melvyn R. Leventhal 
Messrs. Anderson & Banks, Attorneys 
538 1/2 NN, Farish Street 
Jackson, Mississippi 

This, the . day. of [root ll ~ 1971. 
  

  

  

  

cc Honorable obert GC. Thomas, Clerk 
Ue 3. Digtries Court 
Souther ? District of 
PEL A i 
Federal Building 

Jackson, Mississippi 

{10 \ \