Motion of Defendant Noxubee County School District to Modify Order of November 7, 1969

    i ® bas H 
ERNEST LL. BROWN 

ATTORNEY AT LAW 

AREA CODE 601 726-4276 

MACON, Miss. 39341 

December 23, 1969 

Jack Greenberg, Esquire 
Norman J. Chachkin, Esquire 
Melvyn Zarr, Esquire 

Suite 2030, 10 Columbus Circle 
New York, New York 10019 

Re: United States of America, et al, Appellant 
VS. 

Noxubee County School District, et al, Appellee 
Nos. 28030 and 28042 

Gentlemen: 

I enclose herewith a copy of Motion of Defendant Appellee, 
Noxubee County School District, to Modify Order of November 
7, 1969, together with copy of proposed order. 

With best wishes, I am 

Yours very truly, 
> 

oo 

rnest L. Brown 

ELB:cr 

Encls. 

y —7 Sy 7 
a - V CA 3 ra JE 

& . WL 4 A App wr” 

 



  

UNITED STATES 

COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

UNITED STATES OF AMERICA, et al 

Appellant 

VS. NOS. 28030 & 28042 

| 

| 
| 

NOXUBEE COUNTY SCHOOL DISTRICT, et al 

Appellee 

MOTION OF DEFENDANT APPELLEE 
NOXUBEE COUNTY SCHOOL DISTRICT 

TO MODIFY ORDER OF NOVEMBER 7, 1969 
  

& 

COMES NOW Defendants A, R. Koon, Superintendent of Education, 

and James C, Avery, W. E. Hummer, P. E. Moore, Joe R., Miller, and 

Sam Featherston, Members of the County Board of Education of 

Noxubee County, Mississippi, acting herein by and through their 

counsel of record, and move the Court for a modification of the 

Order of this Court entered on November 7, 1969, insofar as said   
Order applies to Noxubee County School District, Noxubee County, 

Mississippi, by adding an additional paragraph numbered (8), immed- 

jately following paragraph number (7) in said order, as follows: 

(8) As to the Noxubee County School System, the 

Recommended Plan for Student Desegregation 1969-1970 and 

Thereafter, filed by the Office of Education, Department 

of Health, Education and Welfare, is unworkable and impos- 

sible of implementation, 

IT 1S THEREFORE ORDERED, ADJUDGED AND DECREED that the 

Noxubee County School System be desegregated in the following 

manner: 

 



  

(A) B. F., Liddell High School and Noxubee County High 

School shall hereafter constitute one high school consist- 

ing of grades nine through twelve, Ninth Grade Mississippi 

History, Ninth Grade Civics, Physical Science, Secretarial 

Procedure, Vocational Agriculture II, and Vocational Agri- 

culture III will only be offered at the former B. F. Liddell 

High School, and all students in the former Noxubee County 

High School plant taking the above mentioned subjects shall 

be transported daily, by bus, from the former Noxubee County 

High School to the former B, F., Liddell High School for such 

classes, and all such classes shall be fully integrated. 

Twelfth Grade Government and Vocational Agriculture I will 

only be offered at the former Noxubee County High School, and 

all students in the former B. F. Liddell High School taking the 

above mentioned subjects shall be transported daily, by bus, from 

the former B. F. Liddell High School to the former Noxubee 

County High School for classes in the said subjects, all of 

which classes shall be fully integrated. Additionally, a suf- 

fieient number of students now in attendance at the former B. F. 

Liddell High School will be assigned to the former Noxubee County 

High School to produce a student body ratio of three white to 

two Negro at the former Noxubee County High School. 

(B) The Brooksville Attendance Center and Wilson Attendance 

Center at Brooksville, Mississippi, shall become one attendance 

center known as Brooksville Attendance Center, and shall encom- 

pass grades one through eight. History, Geography, and Civics 

in Grades Six and Seven will only be offered at the former Brooks- 

ville Attendance Center, and all students at the former Wilson 

Attendance Center in Grades Six and Seven taking the said sub- 

jects shall be transported daily, by bus, from the former Wilson 

Attendance Center to the former Brooksville Attendance Center for 

said classes. Likewise, English and Spelling in Grades Five and 

Eight will only be offered at the former Wilson Attendance Center, 

 



  

and all students at the former Brooksville Attendance Center 

taking English and Spelling in Grades Five and Eight shall be 

transported daily, by bus, from the former Brooksville Atten- 

dance Center to the former Wilson Attendance Center for the 

said classes. All of the above mentioned classes at the for- 

mer Brooksville Atterdence Center and at the former Wilson 

Attendance Center shall be fully integrated. Additionally, a 

number of Negro students now in attendance at the former Wilson 

Attendance Center shall be assigned to the former Brooksville 

Attendance Center sufficient to make the composition of the 

student body at the former Brooksville Attendance Center three 

white to two Negro. 

(C) Macon Elementary Attendance Center and B. F. Liddell 

Elementary Attendance Center shall become one attendance center 

known as Macon Elementary Attendance Center, and shall encompass 

grades one through eight. History, Geography and Mississippi 

History in Grade Five will only be offered at the former Macon 

Elementary Attendance Center, and all students at the former 

B. F. Liddell Elementary Attendance Center in Grade Five taking 

History, Geography, and Mississippi History will be transported 

daily, by bus, from the former B. F. Liddell Elementary Atten- 

dance Center to the former Macon Elementary Attendance Center 

for said classes. Science and Health in Grade Six, and History 

in Grade Seven shall only be offered at the former B. F. Liddell 

Elementary Attendance Center, and all students at the former 

Macon Elementary Attendance Center taking the said subjects in 

Grades Six and Seven shall be transported daily, by bus, from 

the former Macon Elementary Attendance Center to the former 

B. F. Liddell Elementary Attendance Center for the classes in 

the said subjects. All of the above mentioned classes shall 

be fully integrated. Additionally, a number of Negro students 

now in attendance at the former B. F. Liddell Elementary Atten- 

dance Center shall be assigned to the former Macon Elementary 

Attendance Center to make the ratio of the student body three 

white to two Negro. 

 



  

(D) Shuqualak Attendance Center and Reed Attendance Center 

shall become one attendance center shall become one attendance 

center under the name of Shuqualak Attendance Center. Science 

and Health in Grades Five and Seven will only be offered at 

the former Shuqualak Attendance Center, and all students at the 

former Reed Attendance Center taking Science and Health in Grades 

Five and Seven will be transported by bus, dally, from the for- 

mer Reed Attendance Center to the former Shuqualak Attendance 

Center for classes in the said subjects, History and Geography 

in Grades Six and Eight will only be offered at the former Reed 

Attendance Center and all students at the former Shuqualak Atten- 

dance Center taking History and Geography in Grades Six and Eight 

will be transported daily,by bus, from the former Shuqualak Atten- 

dance Center to the former Reed Attendance Center for classes in 

said subjects. All of the above mentioned classes shall be fully 

integrated. Additionally, there shall be transferred and assigned 

from the former Reed Attendance Center to the former Shuqualak 

Attendance Center a number of Negro students sufficient to make 

the racial composition of the student body at the former Shuqualak 

Attendance Center three white to two Negro. 

(E) For the remainder of the 1969-70 school year, the defen- 

dants shall assign the teachers and staff so that the ratio of 

Negro and white teachers in each school and the ratio of other 

staff members in each school are substantially the same as each 

such ratio is to the teachers and other staff members, respectively, 

in the entire school system. 

(F) The defendants shall permit a student attending a school 

in which his race is in the majority to choose to attend another 

school, where space is available, and where his race is in the 

minority. 

Upon the implementation of the above outlined Plan of desegregation, 

the school system of Noxubee County, Mississippi, will be a non-racial, 

unitary school system. 

I 

In support of said Motion, the defendants would show that the 

suggested Plan of Integration heretofore filed by the Office of Edu- 

cation, Department of Health, Education and Welfare, and which was, by 

 



  

: r . 
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. 

. 

the Court, ordered to be implemented in said Order dated November 7, 

1969, envisions the closing of Brooksville Attendance Center and the 

transfer of the entire student body from that Attendance Center to 

Wilson Attendance Center; that the Brooksville Attendance Center has 

an enrollment of 143 students, and that Wilson Attendance Center has 

an enrollment of 949 students; that at Wilson Attendance Center there 

are 21 standard classrooms and 15 sub-standard classrooms; therefore, 

basing the standard classroom capacity of 27 students, and the sub- 

standard classroom capacity of 15 students, the total capacity of 

Wilson Attendance Center is 792 students. There are now enrolled at 

Wilson Attendance Center 949 students. There are presently enrolled 

in Brooksville Attendance Center 143 students; thus it would be totally 

impossible to transfer the 143 students at Brooksville Attendance Cen- 

ter to Wilson Attendance Center, which would have the effect of placing 

1092 students in an attendance center the capacity of which is 792. 

11 

The said suggested Plan of Desegregation heretofore filed by 

the Office of Education, Department of Health, Education and Welfare, 

envisioned the transfer of all students in Grades Nine through Twelve 

from B. F. Liddell High School to the Noxubee County High School, and 

the transfer of all students in Grades One through Eight at Macon El- 

ementary School to B. F. Liddell High School, thus converting the Macon 

Elementary School and Noxubee County High School into a single high 

school, and the B. F. Liddell High School and Elementary School into 

a single elementary school. Defendants would further show that Noxubee 

County High School was constructed for a capacity of 250 students; that 

the present enrollment in Grades Nine through Twelve is 300; that the 

school plant consists of 6 standard size classrooms; 2 sub-standard 

classrooms; a combination Physics and Chemistry room, having a capacity 

of 18 students per period; a combination Biology and General Science 

room, having a capacity of 20 students per period; one Home Economics 

Department, including one classroom with a capacity of 20 students 

per period; one Vocational Agriculture Department, including one class- 

room with a capacity of 18 students per period; one Language Labora- 

tory, consisting of a sub-standard size classroom with a capacity of 

15 students per period; one Commercial Department Room, having a 

capacity of 25 students per period; one Library with a capacity of 

 



  

40 students per period; one Gymnasium, with a capacity of 500 

students per period; one Band Hall, with a capacity of 40 students; 

one Industrial Arts room with a capacity of 15 students per period; 

that Macon Elementary School, which is situated on the Satie campus 

with Noxubee County High School consists of fifteen standard size 

classrooms; one Library with a capacity of 25 elementary students 

per period; one portable classroom, for Special Education, with a 

capacity of 12 students per period. 

That the present enrollment in Grades nine through twelve at 

B. F. Liddell High School is 900, and that it would be physically 

impossible to place these 900 high school students from B. F. 

Liddell High School in the facility at Noxubee County High School 

and Macon Elementary School; that in order to accommodate the extra 

900 students from B. F. Liddell High School, it would be necessary 

to convert four classrooms for instruction in Physics, Chemistry, 

‘Biology and General Science; to convert three classrooms into Home 

Economics rooms; to convert two classrooms into Industrial Arts 

rooms; to convert one classroom into a Foreign Language room; to 

convert the cafeteria, which now has a capacity of 600, to a capa- 

city of 1200; to construct a new Vocational Agriculture Building 

to accommodate two full-time Vocational Agriculture teachers; to 

convert the present gymnasium, with a present capacity of 500, to 

a gymnasium with a capacity of 1200, and to renovate the library, 

which presently has a capacity of 40 students, to one having a 

capacity of 150 students. 

When the above outlined renovation is completed, there would 

remain only five classrooms to accommodate the 900 high school stu- 

dents from B. F. Liddell High School, which means that it would be 

necessary to construct an additional 25 classrooms, a complete new 

Vocational Agriculture Building, renovate the gymnasium, lunchroom, 

library, band hall, and all bathrooms at Macon Elementary School, 

which are presently built for elementary students and are minature 

in size and equipment; that the cost of such program 1s estimated 

by a competent architect to be $946,950.00. Further, upon comple- 

tion of the renovation and the construction of the additional 25 

classrooms, almost all, if not all, the available playground would 

 



  

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be occupied by such additional classrooms. That a bond issue 

would be required in order to finance such renovation and con- 

struction, and that same could not be accomplished by December 31, 

1969, and probably not in time for the beginning of the school ses- 

sion in the year 1970. 

Because of the ultra-crowded condition that would exist upon 

the construction of the 25 additional classrooms, and the limita- 

tion thereby placed upon'the playground space for the students, 

it would be desirable to construct a complete new Aisi school, 

relocated on a larger tract of land; that the cost of such new 

high school, relocated on a larger tract of land, is estimated 

by a competent architect t6 be $§1,504,000.00. Defendants would 

further show unto the Court that the defendants are wholly without 

funds with which to make such renovation and construction, and that 

it is highly doubtful that any bond issue would be approved by the 

citizens of the County for said purpose. 

111 

Defendants further show that the recommended plan of desegrega- 

tion of the schools of defendant District heretofore filed by the 

Office of Education, Department of Health, Education and Welfare, 

envisions the closing of Shuqualak Attendance Center and trans- 

ferring the students from that attendance center to Reed Attendance 

Center; that Reed Attendance Center consists of twelve standard 

classrooms and four portable classrooms, and that, using 27 students 

as the capacity of a standard classroom and 15 students as the capa- 

city of a sub-standard classroom, Reed Attendance Center has a 

present capacity of 384 students; that the present enrollment of 

Reed Attendance Center is 448 students; that the present enrollment 

at Shuqualak Attendance Center is 122 students, and that the transfer 

of the 122 students from Shuqualak Attendance Center to Reed Atten- 

dance Center would increase the enrollment at Reed Attendance 

Center to 570 students in a facility, the capacity of which is 384 

students, and that thus an impossible situation would be created. 

 



  

RY 

Defendants submit herewith, in support of this motion, the 

following exhibits: 

l. A tabulation of the number of students of each race per- 

manently assigned to each school building in the district, 

marked "Exhibit 1." 

2. A tabulation showing the number of students of each race 

transported to each school building in the district for 

classes only offered at such building, marked "Exhibit 2." 

3. Affidavit of a Bi-Racial Committee, composed of Bennie 

Sanders, John Roland, and Rev. W. M. Harper, three leaders 

of the Negro community in Noxubee County, Mississippi, 

and V. M. Geno, Carl W. Craig, Jr., and Dr. W. C. Anderson, 

three leaders of the white community of Noxubee County, 

Mississippi, endorsing this proposed modification of the 

order of the Court dated November 7, 1969, marked "Ex- 

hibit 3." 

Defendants incorporate by reference Exhibits Nos. 1 through 16 

filed in this cause with defendants' former Motion of Defendant 

Appellee, Noxubee County School District, to Modify Order of November 

7, 1969, which motion was mailed to the Clerk of this Court for fil- 

ing on November 12, 1969. 

Vv 

The plan of desegregation hereinabove outlined and proposed by 

defendants would result in placing an additional 228 Negro students 

in the former Noxubee County High School for classes, and 200 more 

on a permanent assignment basis, and placing 183 white students in 

former B. F. Liddell High School for classes; it would likewise 

place an additional 143 Negro students in former Macon Elementary 

Attendance Center for classes, and 180 Negro students on permanent 

assignment, and 80 white students in the former B. F. Liddell Ele- 

mentary Attendance Center for classes. The effect at the former 

Brooksville Attendance Center would be to place an additional 244 

Negro students therein for classes, and 98 on permanent assignment, 

with 39 white students to be placed in the former Wilson Attendance 

Center for classes. At Shuqualak, an additional 100 Negro students 

would be placed in the former Shuqualak Attendance Center for classes, 

and 80 on permanent assignment, and 21 white students will be placed 

in former Reed Attendance Center for classes. 

 



  

There is situated in the City of Macon, Mississippi, Central 

Academy, a non-sectarian private school which currently has an 

enrollment of 276 white students, grades One through Nine. The 

administration of said private school anticipates an enrollment 

of 336 during the next semester, and anticipates adding Grades 

Ten, Eleven and Twelve next semester, which would increase its 

enrollment considerably. 

Vi 

Defendants aver that the recommended plan of desegregation 

heretofore filed in this cause by the Office of Education, De- 

partment of Health, Education and Welfare, 1s not only unrealistic, 

but impossible of implementation, and that the proposed plan of 

de-segregation outlined above by the defendants will realistically 

desegregate all of the schools of the defendant school district, 

and convert the school system of defendant school district into 

a unitary, non-discriminatory school system. 

Respectfully submitted, 

er Sy    » 

  

  
i 

Ernest L. Brown, Attorney at Law 
Macon, Mississippi 39341 

COUNSEL OF RECORD FOR DEFENDANTS 

 



  

CERTIFICATE OF MAILING 
  

I, Ernest L. Brown, Attorney of record for Defendant, Noxubee 

County School District, do hereby certify that 1 have this day 

mailed, by United States Mall, postage prepaid, a true and correct 

copy of the foregoing Motion of Defendant Appellee, Noxubee County 

School District, to Modify Order of November 7, 1969, and Exhibits, 

to the following: 

Honorable Griffin B. Bell, Judge 
United States Court of Appeals 

for the Pifth Circuit 
P. O. Box 845 
Atlanta, Georgia 30301 

Honorable Lewis R. Morgan, Judge 
United States Court of Appeals 

for the Fifth Circuit 
P. O. Box 759 
Newnan, Georgia 30263 

Honorable Homer Thornberry, Judge 
United States Court of Appeals 

for the Fifth Circuit 
200 West Eighth Street 
Austin, Texas 7/8701 

Honorable Jerris Leonard 
Assistant Attorney General 
Civil Rights Division 
United States Department of Justice 
Washinzton, D.C. 20330 

Honorable Ben Krage, Attorney 
Civil Rights Division 
United States Department of Justice 
906 Milner Building 
Jackson, Mississippi 39201 

Honorable A. F. Summer 
Attorney General of Mississippi 
New Capitol Building 
Jackson, Mississippi 39205 

Honorable Melvyn R. Leventhal, Attorney 
Honorable Reuben Anderson, Attorney 
Honorable Fred l.. Banks, Jr., Attorney 

538% North Farish Street 
Jackson, Mississippi 39202 

Honorable Jack Greenberg, Attorney 
Honorable Norman J. Chachkin, Attorney 
Honorable Melvyn Zarr, Attorney 

Suite 2030, 10 Columbus Circle 
New York, New York 10019 

WITNESS MY SIGNATURE, this the 23rd day of Pscombers 1969, 

Zz onli le <=— 
  

ERNEST L. [= 

 



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fh -@ 5 

UNITED STATES 

  

COURT OF APPEALS 

& FOR THE FIFTH CIRCUIT 

UNITED STATES OF AMERICA, et al 

Appellant 

VS. Nos. 28030 & 28042 

NOXUBEE COUNTY SCHOOL DISTRICT, et al 

Appellee 

AFFIDAVIT OF BI-RACIAL COMMITTEE 
  

PERSONALLY APPEARED BEFORE ME the undersigned authority in and 

for Noxubee County, Mississippi, Bennie Sanders, John Roland,, and 

the Reverend W. M. Harper, three leaders of the Negro community of 

Noxubee County, Mississippi, and V, M. Geno, Carl W, Craig, Jr., 

and Dr. W. C, Anderson, three leaders of the white community of 

Noxubee County, Mississippi, each of whom, being by me first duly 

sworn, on oath, depose and say: That they compose a Bi-Racial 

Committee of Citizens of Noxubee County, Mississippi; that the 

proposed Modification of the Plan of Desegregation of the Schools 

of Noxubee County, Mississippi, as shown by a motion, which motion 

is to be filed in the United States Court of Appeals for the Fifth 

Circuit by the Noxubee County Board of Education and the Superin- 

tendent of Education, has been this day presented to, and lucidly 

explained to us, and we thoroughly understand the same. 

Affiants further depose and say that they do heartily agree with 

and endorse the said Proposed Modification of the Plan of Desegrega- 

tion of the Schools of Noxubee County, Mississippi, as reflected by 

the above mentioned motion. 

la 7 IT YE 
    

  
  

  
  

BENNIE SANDERS JOHN ROLAND 
; Ly : : Fiihine 4, Pe 

I, SN 1 fr +7 { Vz vd { A : 12 et a 

RS We. pga V. M. GENO i 
& 

Gh J i nd Loo Ke AAO 2d 
CARL W. SniTi DR. W. C. ANDERSON 

a TO AND SUESCRIBED BEFORE ME, this the 4 = day of December, 
196 

(Seal) (Yc s. POL ae Bla tw 

Nosh Sr 
  

  

J “) My commission expires 727:..-4//¥ [77> ; 

WEXHIBIT 37