Six Civil Rights Cases Argued This Week

    PRESS RELEASE @ ® 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
1O COLUMBUS CIRCLE + NEW YORK 19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS op THURGOOD MARSHALL 
President Director-Counsel 

SIX CIVIL RIGHTS CASES 
ARGUED THIS WEEK January 17, 1958 

NEW YORK.--Six cases involving the constitutional rights of 

Negroes were argued in federal court this week by attorneys for the 

N.A.A.C.P,. Legal Defense and Educational Fund. Four were school cases, 

one involved transportation and one recreation. All were on appeal 

from judgements rendered in favor of Negroes and the hearing was before 

the United States Court of Appeals in New Orleans. 

The 6 cases were: the Board of Supervisors of Louisiana State 

University versus Ludley; the Orleans Parish School Board vs. Bush; 

Louisiana State Board of Education vs. Bailey; Louisiana State Board of 

Education vs. Lark; the City Park Improvement Association vs. Detiege, 

and Morrison vs. Davis. Thurgood Mershall, Director-Counsel of the 

Legal Defense Fund argued the first four cases on Wednesday, January 

15; the other two were argued the following day by A. P. Tureaud of 

New Orleans. 

The State University appeals involved three separate suits filed 

in February 1956 against the officials of Louisiana State University, 

Southwestern Louisiana Institute and McNeese State College; all chal- 

lenged the constitutionality of a state statute requiring students seok- 

ing admittance to the institutions to secure a certificate of eligibil- 

ity and another terminating the employment of any public school offi- 

cial who did anything which would lead to integration in any state 

supported educational institution, The cases were consolidated for 

trial and on April 15, 1956, a federal district court held these laws 

unconstitutional. The college officials appealed the decision in 

October 1956. 

The Orleans Parish School Board case was first filed in 1952 but 

in August 1955 was amended to challenge the constitutionality of several 

state statutes enacted to preserve segregation. A ruling of the court 

in favor of the Negro students in 1956 by a one-judge court was appealed 



aoe 

to the U. S. Supreme Court by the School Board on ground that the case 

should have been tried by a three-judge district court. The appeal 

was denied by the Supreme Court. 

The School Board in June 1957 filed a motion with the district 

court, seeking to vacate the decision because the Negro students had 

failed to file a bond required by the court 16 months previously. The 

motion was denied and the School Board appealed. 

The New Orleans City Park suit was originally filed in November 

194.9 and sought the admission of Negroes to the city public golf links. 

Trial was postponed pending the outcome of several pending court actions 

which involved public recreation facilities and which subsequently 

reached the U. S. Supreme Court. 

Following the deci sion in the Baltimore and Atlenta public 

recreation cases in 1956, which outlawed segregation in public recrea- 

tion facilities, the New Orleans case was reactivated in December 1956. 

In May 1957 the court ruled in favor of the Negroes. The city appealed 

the decision in October 1957, 

The Morrison v. Davis suit is better known es the New Orleans 

Bus case. It was filed in February 1957, challenging the constitu- 

tionality of the state and local statutes requiring racial segregation 

on public transportation. On May 2, 1957 the trial court ruled the 

segregation statutes unconstitutional. The Mayor of New Orleans and 

the other defendants filed their appeal in October 1957. 

= 30 - 

January 17, 1958 

NEW YORK, Jan. 16.--N,A.A.C.P. Legal Defense and Educational 

Fund counsel argued today before the U. S. Court of Appeals for the 

Fourth Circuit that the Harford County, Md. plan for desegregating its 

public schools was too slow to meet constitutional requirements, 

After petitions and lower court hearings which commenced in 

1955, Harford County, Md. had agreed to desegregate all of the elemen- 

tary schools in the County except 3 which are scheduled to be opened 

for the 1958 school year and 3 others which are scheduled to be opened 

for the 1959-60 school year, It agreed to desegregate its high schools 

over a period of 5 years to be completed in 1963, except that Negro 

children who would take special examinations not required of white 

children, might be admitted before that time, 



a ® @ 
-3- 

Reasons given for the delay were overcrowding of the schools, 

local opposition, and the alleged fact that children adjust better in 

high school if admitted during the freshman year, instead of in the 

higher grades, 

Counsel for the Negro children, Jack Greenberg of the N.A.A.C.P. 

Legal Defense Fund, New York City and Tucker R, Dearing of Baltimore, 

argued that there really was no overcrowding, but that if it existed it 

was a problem to be solved without depriving Negro children of their 

rights. They pointed out that the U. S, Supreme Court had forbidden 

school boards to use local opposition as grounds for delay; and that 

if there were problems in personal adjustment for students admitted 

above the freshman level, they should be solved without regard to race. 

The case was filed on behalf of a group of Negro residents of 

Harford County, Md., some of whom, as a result of prior efforts in the 

case, have already been admitted to the school. Approximately ); Negro 

children are now attending formerly all-white schools in the County.