Opposition to Motion for Permission to Withdraw Plans Filed by the Department of Health, Education and Welfare

    I»
 IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

NOS. 28030 & 28042 

  

UNITED STATES OF AMERICA, 

Appellant, 

Ve. 

HINDS COUNTY BOARD OF EDUCATION, et al., 

Appellees, 

BEATRICE ALEXANDER, et al., 

Appellants, 

Vv. 

HOLMES COUNTY BOARD OF EDUCATION, et al., 

Appellees. 

  

OPPOSITION TO MOTION FOR PERMISSION TO 
WITHDRAW PLANS FILED BY THE DEPARTMENT 
OF HEALTH, EDUCATION AND WELFARE 

Private plaintiffs-appellants are advised by newspaper report 

that the United States has filed or will shortly file with this 

1969 in the CQumssssa: Motion to permit the plans filed August 11, — Set Rg = 

    

En 

United States District Court for the Southern District of 

in
 Mississippi by the Office of Education, United State Department 

of Health, Education and Welfare to be withdrawn: and further 

 



seeking amendment of this court's mandate to allow the Office of 

Education until December 1, 1969 to file new recommended plans of 

desegregation in accordance with this court's opinion herein. 

Since time is of the essence and although private plaintiffs-appellants 

have never been served with any papers, we would respectfully oppose 

any such relief, and would show this court: 

1. The plans filed by the Office of Education in the 

District Court on August 11, 1969 would, if implemented, result in 

a constitutional unitary school system in each of the appellee 

districts for 1969-70. 

2. The plans filed by HEW were drawn only by educators, in 

accordance with this court's expressed concern at the argument of 

this case. 

3. Private plaintiffs-appellants understand from newspaper 

reports that the Honorable Robert Finch, Secretary of the Department 

of Health, Education and Welfare, has approached this Court on an 

ex parte basis seeking permission to withdraw HEW plans on the 

grounds that, inter alia, he did not see the plans prior to their 

filing. 

4. The effect of permitting withdrawal of the HEW plans 

already filed in the district court and allowing further time for 

the filing of new plans will be to further delay realization of the 
EE. 

constitutional rights of Negro children in Mississippi. Both private 

plaintiffs-appellants and appellees have already responded to the 

HEW plans and the issue of their constitutional sufficiency is now 

presented to the district court for determination.  



  

5+ According to private plaintiffs-appellants' information 

and belief, Mr. Finch seeks to withdraw the HEW plans on the 

grounds that implementation of unitary systems in September 1969 

will be disruptive because of longstanding patterns of resistance 

to the constitutional rights of Negro citizens in Mississippi. 

This is clearly the meaning of his statement that Mississippi is 

unprepared because it has had only token desegregation of its 

schools for so long a period. Were this court to permit further 

delay on the basis of the Secretary's representations, it would be 

acting completely contrary to the Fourteenth .mendment and to 

Cooper vl... .Aavon; 358 U.5. 1 (1958). 

6. Educators from the Office of Education have concluded that 

there is no educational or nonracial reason for postponing the 

unitary system in appellee school districts. Mr. Finch's 

intervention at this late date, 10 days after HEW's plans were filed, 

is based on no legal or factual consideration cognizable by the 

Constitution of the United States. 

7. Should this court conclude, contrary to our position, that 

there is some constitutionally acceptable reason for delaying full 

student integration beyond 1969-70, we strongly urge that the court 

nevertheless direct the district court that the other provisions of 

the HEW plan such, for example as are concerned with faculty 
a 

desegregation, desegregation of extracurricular activities, 

including athletic competition between predominantly-white and all- 

 



black schools, transportation, etc., be placed into effect 

immediately in accordance with the original mandate of this court. 

Respectfully submitted, 

A 
F o ’ 

7 iF a 7 1.7 
/ lr 

MELVYN R. LEVENTHAL 

FRED L. BANKS, JR. 

REUBEN V. ANDERSON 

538% North Parish Street 
Jackson, Mississippi 39202 

  

JACK GREENBERG 

NORMAN J. CHACHKIN 

JONATHAN SHAPIRO 

Suite 2030 
10 Columbus Circle 

New York, New York 10019 

Attorneys for Plaintiffs-Appellants 

CERTIFICATE OF SERVICE 

This is to certify that a copy of the foregoing Opposition 

to Motion for Permission to Withdraw Plans Filed by the Department 

of Health, Education and Welfare has been served upon each of the 

following attorneys, by depositing true copies of same in the United 

States mail, air mail, postage prepaid. 

Hon. Robert E. Hauberg Hon. Robert C. Cannada 
United States Attorney P. O. Drawer 1250 
P. O.-Box 191 Jackson, Mississippi 39205 
Jackson, Mississippi 39205  



  

Hon. John M. Putnam 
P.O. Box 2075 a 
Jackson, Mississippi 39205 

Hon. Howard L. Patterson, 

P.O. .Box 808 

Hattiesburg, Mississippi 39401 

JE» 

Hon. L. P. 8pinks 

DeKalb, Mississippi 39238 

Hon. R. Brent Forman 

P. OO. Box 1377 

Natchez, Mississippi 39120 

Hon. Philip Singley 
203-04 Newsom Building 
Columbia, Mississippi 39429 

Hon. W.:S. Cain 

133 South Union Street 

Canton, Mississippi 39046. 

Hon. Robert S. Reeves 

P. O. Box 998 

McComb, Mississippi 39648 

Hon. William B. Compton 
P. O. Box 845 
Meridian, Mississippi 39301 

Hon. Herman Alford 

424 Center Avenue 

Philadelphia, Mississippi 39350 

Hon. Ernest IL.. Brown 

Macon, Mississippi 39341 

Hon. Maurice Dantin 
P. O. Box 604 

Columbia, Mississippi 39429 

Hon. William D. Adams 

P. Oe. BOX 521 

Collins, Mississippi 39428 

Hon. Cary C. Bass, Jr. 

P. 0. BOX 626 
Monticello, Mississippi 39654 

Hon. M. M. Roberts 

PO. Box 870 : - : 

Hattiesburg, Mississippi 39401 

Hon. Thomas H. Watkins 

P. OO. Box 650 

Jackson, Mississippi 39205 

Hon. John Gordon Roach 

P: O. Bow 506 

McComb, Mississippi 39648 

Hon. Richard D. Foxworth 

216 Newsom Building 
Columbia, Mississippi 39429 

Hon. Robert Goza 

Caton, Mississippi 39046 

Hon. Joe R. Fancher 
P.O. BOX 245 
Canton, Mississippi 39046 

Hon. Thad Leggett, III 
P.O. 

Hon. Robert B. Deen, 

P.O. Box 888 

Meridian, Mississippi 39301 

JX, 

Hon. Laurel G. Weir 

Pe. OO. Box 150 

Philadelphia, Mississippi 39350 

Hon. Harold W. Davidson 
Carthage, Mississippi 39051 

Hon. J. D. Gordon 
Liberty, Mississippi 39645 

Hon. John K. Keyes 
Collins, Mississippi 39428 

Hon. A. F. Summer 

Attorney General 
New Capitol Building 
Jackson, Mississippi 39205 

 



  

Hon. Charles Clark 
Cox, Dunn & Clark, 

Attorneys at Law 

Deposit Guaranty National Bank 
Building = Suite 1741 

Jackson, Mississippi 39201 

Hon. J. Wesley Miller 
401 Pine Street 

Rolling Fork, Mississippi 39159 

Hon. Henry W, Hobbs, Jr. 
P. D.:BOX 356 
Brookhaven, Mississippi 39601 

Hon. Calvin R. King 
106 Mulberry Street 
Durant, Mississippi 

Hon. Thomas H. Campbell, Jr. 
P. OO. Box 35 
Yazoo City, Mississippil 

Hon, John C. Satterfield 
P. O. Box 466 
Yazoo City, Mississippi 

Hon. Robert E. Covington 
Jeff Carter Building 
Quitman, Mississippi 

Hon. David D. Gregory 
Attorney 

U.S. Department of Justice 
D.C. Washington, 20530 

  

Hon. Herman C. Glazier 
506 walnut Street 

Rolling Fork, Mississippi 39159 

Hon. Richard T. Watson 
Woodville, Mississippi 39669 

Hon. Charles H. Herring 

Meadville, Mississippi 39653 

Hon. G. Milton Case 

114 West Center Street 

Canton, Mississippi 

Hon. Walter R. Bridgforth 
P. O. Box 48 
Yazoo City, Mississippi 

Hon. J. E. Smith 

111 South Pearl Street 

Carthage, Mississippil 

Hon. Tally D. Riddell 
P.O. Box 199 
Quitman, Mississippil