Order Per Curiam for Franklin School District

    * ? 
Hrited States Court of Appeals 

FIFTH CIRCUIT 

  

EDWARD W. WADSWORTH OFFICE OF THE CLERK ROOM 408-400 ROYAL. ST. CLERK 
NEW ORLEANS, LA. 70130 

November 7, 1969 

TO ALL COUNSEL LISTED BELOW 

Nos. 28030 and 28042 - USA v. Hinds County, et al 
YH, TH WL Wt nV. S_ — WT A — WT -———— -— — — ——— ——--————— ————— —— — —— — =. —. ——— Wo — __— — — 

Gentlemen: 

Enclosed is a copy of the Court's order this day entered 
which is self-explanatory, Because of the size of the 
order, we are authorized to transmit one complete copy 
only to an attorney for each of the school boards in- 
volved, with a complete copy to the attorney for the 
private plaintiffs, the Department of Justice and the 
State of Mississippi as well, 

Information copies of the order excluding attachments 
are being forwarded to other counsel who are on our 
mailing list, 

Very truly yours, 

EDWARD W, WADSWORTH, Clerk 

/ 

  

Gilbert F. Ganucheau 
GFG:adg : Chief Deputy Clerk 
Encl. 

Hon, Dan M. Russell, Jr. 
Mr, J. D, Gordon, Sr. (Amite) 
Mr. Joe R. Fancher (Canton 
Mr, Maurice Dantin (Columbia) 
Mr, John K. Keyes (Covington) 
Mr. Robert E, Covington (Enterprise) 
Mr, M. M, Roberts (Forrest) 
Mr, W, WW, Hewitt (Franklin) 
Mr. Robert Cannada (Hinds) 
Mr, Calvin R, King (Holmes) 
Miss Helen J. McDade (Kemper) 
Mr, William B. Compton (Lauderdale) 

La) , PP - pn pr i Ty gh r= Mr, James 8S, George (Lawrence) 

1
 

r 

Mr. Harold W. Davidson (leake) 

 



Mr. H. W. Hobbs, Jr. (Lincoln) 
Mr. R. L. Goza (Madison) 
Mr. Richard D. Foxworth (Marion) 
Mr. Robert Dean (Meridian) 
Mr. R. Brent Forman (Natchez) 
Mr. Laurel G., Weir (Neshoba) 
Mr. John G, Roach, Jr. (North Pike) 
Mr. Ernest L. Brown (Noxubee) 
Mr. Herman Alford (Philadelphia) 
Mr, Tally D, Riddell (Quitman) 
Mr. Herman C, Glazier, Jr, (Sharkey-Issagquena and 

Anguilla Line) 
Mr, Robert S. Reeves (South Pike) 
Mr. Thomas H. Watkins (Wilkinson) 
Mr. Walter R., Bridgeforth (Yazoo County and Holly Bluff) 
Mr. John Satterfield (Yazoo City) 
Hon, A, F, Summer (State of Mississippi) 
Mr, David L, Norman (Department of Justice) 
Mr, Melvyn Zarr (Private Plaintiffs) 

 



    

  

  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

Nos. 28030 & 28042 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve. 

HINDS COUNTY SCHOOL BOARD, et al, 
Defendants-Appellees. 

(Civil Action No. 4075(J)) 

  

BUFORD A. 1EE, et al, 
Plaintiffs-Appellees, 

* 

Ve. 

UNITED STATES OF AMERICA, 
Defendant-Appellant, 

Ve 

MILTON EVANS, 
Third Party 

Defendant-Appellee. 

(Civil Action No. 2034 (H)) 

  

UNITED STATES OF AMERICA, 
Pldintifi-Appellant, 

V. 

KEMPER COUNTY SCHOCL BOARD, et al, 
Defendants-Aprellees. 

{Civil Action No, 1373{(%)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ys 

NORTH PIKE COUNTY CONSOLIDATED 

SCHOOL. DISTRICT, =2t al, 

Defendants-Appellees., 

(Civil Action No. 3807(J)) 

  
i s— 

UNITED STATES OF AMERICA, 

Plainti{f-Appellant, 

Vv. 

TTY ANY 

NATCHEZ SPECIAL MUNICIPAL SIPARATE 

SCii00], DISTRICT CLD 

4 3 

i 

{Civil Action NO. 112607) ) 

 



    

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Vv. 

~ "MARION COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 2178(H)) 

  

JOAN ANDERSON, et al, 
Plaintiffs-Appellants, 

UNITED STATES OF AMERICA , 
Plaintiff-Intervenor- 
Appellant, 

Ve. 

THE CANTON MUNICIPAL SCHOOL DISTRICT, et al, 
and THE MADISON COUNTY SCHOOL DISTRICT, et al, 

Defendants~Appellees. 

(Civil Action No. 3700(J)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, . 

Ve 8 

SOUTH PIKE COUNTY CONSOLIDATED 
SCHOOL DISTRICT, et al, 

Defendants-Appellees. 

(Civil Action No. 3984(J)) 

  

BEATRICE ALEXANDER, et al, 

Plaintiffs-Appellants, 

Ye. 

HOLMES COUNTY BOARD OF EDUCATION, et al, 
Defendants-Appellees. 

(Civil Action No. 3779(J)) 

  

ROY LEE HARRIS, et al, 
Plaintiffs-Appellants, 

v. 

THE YAZOO COUNTY BOARD OF EDUCATION, et al, 
: Defendants-Appellees. 

(Civil Action No. 1209(W)) 

  

JOHN BARNHARDT, et al, 
Plaintif{fs-Appellants, 

Ve. 

MERIDIAN SEPARATE SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 1300 (E)) 

   



  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

  

Ve 

NESHOBA COUNTY SCHOOL DISTRICT, et al, 

Defendants-Appellees. 

(Civil Action No. 1396(E)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

ve. 

NOXUBEE COUNTY SCHOOL DISTRICT, et al, 

Defendants-Appellees. 

(Civil Action No. 1372(E)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Vv. 

LAUDERDALE COUNTY SCHOOL DISTRICT, et al, 
: Defendants-Appellees. 

(Civil Action No. 1367(E)) 

  

DIAN HUDSON, et al, 
Plaintiffs-Appellants, 

UNITED STATES OF AMERICA, 
Plaintiif-~-Intervenor- 
Appellant, : 

Y. 

LEAKE COUNTY SCHOOL BOARD, et al, 
~~ Defendants-Appellees. 

(Civil Action No. 3382(J)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve. 

COLUMBIA MUNICIPAL SEPARATE SCHOOL, et al, 
Defendants-Appellees. 

(Civil Action No. 2199(H)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Vv. 

AMITE COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

*- ~ 

{Civil Action No. 3983(J3)) 

 



UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

  

  

Ve. 

“COVINGTON COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 2148(H)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Vv. 

LAWRENCE COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

(Civil Action No. 2216(H)) 

- 
  

JEREMIAH BLACKWELL, JR., et al, 

Plaintiffs-Appellants, 

ve. 

ISSAQUENA COUNTY BOARD OF EDUCATION, et al, 
*  Defendants-Appellees. 

(Civil Action No. 1096(W)) 

  

UNITED STATES OF AMERICA, : 
Plaintiff-Appellant, 

Vv. 

WILKINSON COUNTY SCHOOL DISTRICT, et al, : 
Defendan ts-Appellees. 

(Civil Action No. 1160(VW)) 

  

CHARLES KILLINGSWORTH, et al, 
Plaintiffs-Appellants, 

Ve. 

THE ENTERPRISE CONSOLIDATED SCHOOL DISTRICT. 
and QUITMAN CONSOLIDATED SCHCOL DISTRICT, 

Defendants-Appellees. 

(Civil Action No. 1302(E)) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Vv. 

LINCOLN COUNTY SCHOOL DISTRICT, et al, 
Defendants-Appellees. 

{Civil Action No. 24202(1)) 

 



  

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Vv. 

PHILADELPHIA MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al, 

Defendants-Appellees. 

"(Civil Action No. 1368(E) 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve. 

FRANKLIN COUNTY SCHOOL DISTRICT, et al, : 
Defendants-Appellees. 

(Civil Action No. 4256(J)) 
- 

  

Appeals from the United States District Court for the 
Southern District of Mississippi 

  

. Before BELL, THORNBERRY, and MORGAN, Circuit Judges. 

PER CURIAM: 

These cases, consolidated for -order, are here for dis-~ 

  

position in. light of the decision of the Supreme Court in Alexander 

v. Holmes County Board of Education, No. 632, dated October 29, 1969. 
  

They involve 30 school districts in the Southern District of Missis- 

8ippi. Suits to disestablish the dual school system were Trotght 

against fourteen of ttle conoid Gistricts hy private litigants: 

Anguilla, Canton, Enterprise, Holly Biull, Holmes, Leake, Madison, 

Meridian, North Pike, Quitman, Sharkey-Issaquena, Wilkinson, Yazoo 

City, and Yazoo County. The suits with respect to the other six- 

teen school districts were government initiated. 

The scope of the problem of converting from dual to 

unitary school systems in these districts may be seen from the fol- 

lowing tables which reflect racial composition. 

 



  

SYSTEM 

Amite 

Anguilla Line 

Canton Municipal 

Hinds 

Holly Bluff 

Holmes 

Kemper 

Madison 

Natchez -Adams 

Noxubee County 

Sharkey-Issaquena 

South Pike 

Wilkinson 

Yazoo County 

Enterprise 

Franklin 

Leake 

North Pike 

Quitman 

Yazoo City 

GROUP I 

WHITE STUDENTS 

1461 

214 

1326 

6438 

240 

913 

793 

1238 

4494 

872 

630 

1135 

77° 

1071 

GROUP II 
      

405 

1094 

2088 

897 

1656 

2014 

RR, Pi 

NEGRO STUDENTS 

2582 

| 906 

3672 

7489 

483 

5355 

2060 

3376 

5927 

3573 

2002 

2156 

2757 

2495 

363 

1075 

2224 

605 

1490 

2089 

 



  

  

GROUP III 

SYSTEM WHITE STUDENTS 

Columbia City 1538 

Covington : 1998 

Forrest 4195 

Lauderdale 3063 

Lawrence 1942 

Lincoln 1671 

Marion 2064 

Meridian 6418 

Neshoba 2045 

Philadelphia 969 

NEGRO STUDENTS 

896 

1629 

1062 

1858 

1277 

1018 

1564 

4405 

877 

548 

It is ordered, adjudged and decreed, effective imme- 

diately, that "the school districts here involved may no longer 

operate a dual system based on race or color" and each district 

is to operate henceforth, pursuant to the terms hereof, as a 

unitary school system within which no person is "effectively ex- 

cluded from any school because of race or color." 

Holmes County Board of Education, supra. 

Alexander v. 
  

To effectuate the conversion of these school systems 

to unitary school systems within the context of the order of 

the Supreme Court in Alexander v. Holmes County Board of Educa- 
  

tion, it is ordered, adjudged, and decreed that the permanent 

plans as distinguished from the interim plans prepared 

3 — 

 



  

o>. * 

by the Office of Education, Department of Health, Education 

and Welfare, attached hereto and marked as Appendices 1 

through 30 shall be immediately enforced as the plans of the 

respective systems subject to the following terms, conditions, 

and exceptions: 

(1) The time between the date hereof and December 

31, 1969 shall be utilized in arranging the transfer of 

faculty, transfer of eaninient. supplies and libraries where 

necessary, the reconstitution of school bus routes where indi- 

cated, and in solving other logistical problems which may 

ensue in effectuating the attached plans. This activity shall 

commence immediately. The Office of Education plans will re- 

sult in the transfer of thousands of school children and 

hundreds of faculty members to new schools. Many children 

will have new teachers after December 31, 1969. It will be 

necessary for final grades to be entered and for other records 

to be completed by faculty members and school administrators 

for the students for the partial school year involved prior 

to the transfers. The interim period between the date of. this 

order and December 31, 1969 will also be utilized for this 

purpose. 

(2) No later than December 31, 1969 the pupil at- 

tendance patterns and faculty assignments in each district 

shall comply with the respective plans. 

TH, Th 

 



  

(3) As to the South Pike school district (App. 1), 

the plan suggested by the Office of Education shall be fully 

complied with except as to pupil assignment. The present pupil 

assignment and astenitaice pattern will suffice until the fur- 

ther order of this court. This system has 1135 white students 

and 2156 Negro students. Each of its seven schools are pre- 

sently integrated. We conclude that a unitary system has been 

established as to pupil assignment. The Office of Education 

plan in other respects will assure a completely unitary system. 

(4) As to the Madison County system, the Office of 

Education plant (Abo. 2) is modified as follows: Subsections 

4 through 8 of the Office of Education Recommended Plan for 

Student Desegregation 1969-70 are eliminated. In place of 

those subsections we substitute the geographic zoning arrange- 

ment for East Flora, Flora, Rosa Scott, Madison-Ridgeland, and 

Ridgeland Elementary set out in sections A.2. and A.3. (App. 

2(b)) of the proposed plan of the Madison County Board of 

Education. All other provisions of the Office of Education 

plan regarding Madison County are to become effective pursuant 

to the terms of this order. 

(5) The attendance plan submitted by the Wilkinson 

County Board of Education will be considered by the court as 

a modification of the Office of Education plan (App.3) upon 

a showing through a pupil locator map of the contemplated 

racial characteristics of the schools for girls. 

wash) ce 

 



  

(6) The attendance plan submitted by the North 

Pike County Consolidated School District will be considered 

by the court as a moditisasion of the Office of Education plan 

(App. 4) upon a showing through a pupil locator map of the 

contemplated racial characteristics of the Jones and Johnston 

Elementary schools. 

(7) It appearing that the lack of buildings pre- 

vents the immediate implementation of the permanent plan of 

the Office of Education suggested for the Quitman Consolidated 

school district, the pupil attendance interim plan of the 

Office of Education for this district is authorized for use 

during the remainder of this school term (App.5). The perma- 

nent plan shall be effectuated commencing in September, 1970. 

This relief is appropriate in view of the similarity between 

the proposed attendance plan of the school district and that 

of the Office of Education. 

It is ordered, adjudged and decreed that these re- 

spective plans shall remain in full force and effect until 

the further order of this court. They may be modified by the 

court through the following procedure. Honorable Dan M. 

Russell, Jr., United States District Judge for the Southern 

District of Mississippi, is hereby designated to receive sug- 

-——) — 

 



  

gested modifications to the plans. No suggested modifica- 

tion may be submitted to Judge Russell before March 1, 1970 

and any such suggestion or request shall contemplate an 

effective date of September, 1970. 

Judge Russell is directed to make full findings of 

fact with respect to any modification recommended or disap- 

proved and these findings are to be referred to this court 

for its review. Pursuant to the terms of the order of the 

Supreme Court in Alexander v. Holmes County Board of Education, 
  

supra, no amendment or modification to any plan shall become 

effective without the order of this court. 

This order is entered only after full consideration 

of the suggested plans of the Office of Education and those 

of the local school boards. It is apparent that in some in- 

stances the plans are cursory in nature. They were devised 

without pupil locator maps. They do not contain information 

as to geographical area, transportation routes or distances. 

Some have not considered zoning. The school board plans are 

almost all without statistical data as to race. It is en- 

tirely possible that more effective plans can be devised on 

a local level and that these will insure the simultaneous 

accomplishment of maximum education and ‘unitary school sys=- 

tems. To this end, and as an imprimatur of local consideration, 

it is suggested the school board sponsored requests for changes 

Sr 

 



  

K ® 
in plans show either Negro representation on school boards 

or prior consideration by a bi-racial advisory committee to 

the school weary. 

Nothing herein is intended to prevent the respective 

school boards ahd suverintendonts from seeking the further 

counsel and zssiztancs of the Office of Education (HEW), or 

the assistance of the Mississippi State Department of Educa- 

tion, University Schools of Education in or out of Mississippi, 

or of others having expertise in the education field. 

The motion of counsel in those cases instituted by 

private litigants for attorneys fees is held in abeyance for 

the present. The motion of the private litigants to require 

the filing of further plans by the Office of Education for 

use in the Hinds County, Holmes County and Meridian districts 

is denied. 

Jurisdiction of these cases is retained in this 

court, pursuant to the aforesaid order of the Supreme Court, 

to insure prompt and faithful compliance with this order. The 

court also retains jurisdiction to modify or amend this order 

as may be necessary or desirable to the end that unitary 

school systems will be operated. 

IT IS SO ORDERED. 

This 7th day of November, 1969. 

Griffin B. Bell 

United dire Circuit Judge 

TAY, TNE 
Li IN A Xap 1/3 JAN 

ia on 

United States Circuit Judge 

bra 7 p/4 it 
ro 73 J Fo ro 3  \ a F { PE BE 0% N= I 

a as? ] 

  

  

  

Lewis R. Morgan 

United States Circuit Judge 

WER A