Motion for Modification of Canton District Desegregation Plan

    POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT H. POWELL, JR. TELEPHONE 859-1851 

JOE R. FANCHER. JR. FIRST NATIONAL BANK BUILDING 

August 17, 1970 
H. NOLEN FANCHER 

Mr. Robert C. Thomas, Clerk 
United States District Court 

Jackson, Mississippi 39205 

Re: Joan Anderson, et al 

United States of America 

Vv. 
Canton Municipal Separate School District 

Civil Action No. 3700 (J) 

Dear Mr. Thomas: 

Enclosed for filing, please find the original and one copy of 
Motion for Modification. 

Thanking you for your kind attention to this matter, | am 

Sincerely yours, 

£ 

[] 

Joe R. Fancher, Jr. 
Attorney for Defendant 
Canton Municipal Separate 
School District 

JRF jr; cs 
Enc. 
cc: Honorable Dan M. Russell, Jr. 

Counsel of Record  



  

IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT CF MISSISSIPPI 

JACKSGN DIVISION 

JOAN ANDERSON, et al., 
Plaintiff, 

UNITED STATES CF AMERICA, 

Plaintiff = Intervenor, 

V. 

CANTON MUNICIPAL SEPARATE 

SCHOOL DISTRICT, etal., 

) 
) 
) 
; 

) CIVIL ACTICN NOC. 3700 

) 
) 
) 
) 

Defendants. ) 

MOTION FOR MODIFICATION 
OF DESEGREGATION PLAN 
  

COME NOW Defendants, Canton Municipal Separate School District, et al, 

in the above styled and numbered cause, and respectfully move the Court to modify 

the Order of the United States Court of Appeals for the Fifth Circuit entered in 

Cause Numbers 28030 and 28042 dated November 7, 1969, as follows: 

}, 

As to the Canton Municipal Separate School District System, the Office of 

Education Plan (App. 8) shall be modified by the elimination of Section Il therefrom, 

and by substituting therefor a geographic zoning plan in the following manner: 

PLAN FOR DESEGREGATION 
  

GEOGRAPHICAL ATTENDANCE ZONES 
  

The Canton Municipal Separate School District shall be divided into three (3) 

geographical attendance zones to be designated as the North Zone, East Zone and 

West Zone as identified, outlined and shown in detail (including the schools located 

in each zone) by the map attached hereto and marked Exhibit "A" and made a part 

hereof by reference. 

 



  

STUDENT ASSIGNMENT 
  

Commencing with the school year 1970-71, beginning in September 1970, all 

students in the District, regardless of race, shall be assigned to attendance centers 

as follows: 

a. Elementary Pupils (Grades 1 through 7): 
  

(1) North Zone. All walking pupils (those not eligible for transportation by   

District busses) in Grades 1 through 7 residing in the North Zone shall be assigned 

to McNeal Elementary School. All transported pupils in Grades 1 through 7 residing 

in the North Zone shall be assigned to Rogers Elementary School. 

(2) East Zone. All pupils in Grades 1 through 7 residing in the East Zone 

shall be assigned to Canton Elementary School. 

3) West Zone. All pupils in Grades 1 through 7 residing in the West Zone shall   

be assigned to Nichols Elementary School. 

b. Junior High School Pupils (Grades 8 and 9): 
  

(1) North and West Zones. All Pupils in Grades 8 and 9 residing in the North and 
  

West Zones shall be assigned to Rogers Junior High School. 

(2) East Zone. All pupils in Grades 8 and 9 residing in the East Zone shall be 
  

assigned to Canton Junior High School (formerly Canton High School). 

c. High School Pupils (Grades 10, 11 and 12): All pupils in Grades 10 through 12 
  

residing in the entire district shall be assigned to Canton High School (formerly Rogers 

High School). 

d. Any student in Grades 1 through 9 residing in the North Zone or the West Zone 

shall have the absolute privilege of transferring to the schools of the East Zone so long 

as there is space available for such student. 

11. 

In all other respects the Order of the United States Court of Appeals for the Fifth 

Circuit of November 7, 1969, will remain in full force and effect. 

111. 

Upon implementation of the plan outlined in Paragraph 1 hereof, the students 

attending each school, tabulated by race, will be as follows: 

 



  

    

  
  

  

  

  

  

School Grades White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

Canton Elementary 1-7 528 403 931 57% 43% 

McNeal Elementary 1-7 36 596 632 6% 94% 

Nichols Elementary 1-7 126 1042 1168 11% 89% 

Rogers Elementary* 1-7 72 467 539 13% 87% 

Canton Junior High 8-9 183 289 472 38% 62% 

Rogers Junior High* 8-9 52 307 359 14% 86% 

Canton High* 10-12 322 640 962 33% 67% 

System Totals 1319 3744 5063 26% 74% 

*Rogers Elementary, Rogers Junior High and Canton High Schools are all situated 

upon the same site. The composite statistics at said site would be as follows: 

  

White Negro Total Percentage 
Pupils Pupils Pupils White Negro 

446 1414 1860 24% 76% 

IN SUPPORT OF THIS MOTION Defendants would respectfully show unto the Court 

that the plan under which the District is presently operating is not working in the light 

of Green v. County School Board of New Kent County, 1968, 391 U. S. 430, 88 S.CT. 
  

1689, 20 L.Ed.2d 716. The a foresaid Office of Education plan projected results for 

the 1969-70 school year as follows: 

  

      

  

Students 
School Grades White Negro Total 

Rogers High School 8-12 575 1285 1860 

Canton High School 7 109 320 429 

Nichols Elementary 4-6 311 909 1220 

Canton Elementary 1-3 191 677 868 

McNeal Elementary 1-3 140 481 621 

  

1326 3672 4998 

 



  

In fact, the results of the implementation of the HEW Plan were as follows: 

  

    
  

  

(May 1970) 
Students 

School Grades White Negro Total 

Canton High School 8-12 19 1213 1232 
(formerly Rogers) 

Canton Junior High 7 0 282 282 
(formerly Canton High) 

Nichols Elementary 4-6 5 1036 1041 

Canton Elementary 1-3 10 561 571 

McNeal Elementary 1-3 2 569 571 

36 3661 3697 

The implementation of the aforesaid HEW Plan has not resulted in a unitary school 

system in operation in the Defendant district. The defendant school system under said 

HEW Plan is more than 99% Negro. The plan now proposed by defendants offers more 

realistic promise to work; and is far superior from the standpoint of administrative and 

economic feasibility. 

Defendants show that the modified plan now proposed by this motion will create a 

unitary and racially non-discriminatory school system within the Defendant district. 

Respectfully submitted, 

CANTON MUNICIPAL SEPARATE 
SCHOOL DISTRICT, et al 

om pr oo — 
— 7 

By: LZ sell /5 treet a n y: / at < “Cerect 2) 
  

Joe R. Fancher, Jr. jd 
Attorney 

 



  

CERTIFICATE CF SERVICE 
  

|, Joe R. Fancher, Jr., Attorney for Canton Municipal Separate School District, 
f 

do hereby certify that on this the / 7-day of August, 1970, | caused to be served 

by United States mail, postage prepaid, true and correct copies of the foregoing 

Motion for Modification upon attorneys of record for Plaintiffs and Plaintiff- 

Intervenor, addressed as follows: 

Mr. Melvyn R. Leventhal 
538-3 North Farish Street 
P. O. Drawer 290 
Jackson, Mississippi 39202 

Mr. Melvyn Zarr 
10 Columbus Circle, Suite 2030 
New York, N. Y. 10019 

Mr. David L. Norman 
Deputy Assistant Attorney General 
Department of Justice 

Washington, D. C. 20530 

pd 
‘5 » 

  

Joe R. Fancher, Ir. 
Attorney at Law 

P. O. Box 245 
Canton, Mississippi 39046 

 



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