Thomas v. Mississippi Response to Petition for Writ of Certiorari

    PRESS RELEASE 

MAACD TECA] PEEENCE AND ENDNCATIONAT ENINT 
NAGE BEVAL WEFENIJE ANY EVULATIUNAL FUND 

1OCOLUMBUS CIRCLE «+ NEWYORK19,N.Y. © JUdson 6-8397 

JACK GREENBERG. 
Diractor-Counsel 

DR. ALLAN KNIGHT CHALMERS 
Prosident 

CONSTANCE BAKER MOTLEY 
Associate Counsel 

<> 25 

For further information 
call Tom Dent 

JU 6-8397 or 
YU 2-5005 

FOR RELEASE: Monday, September 17, 1962 

FACT SHEET ON UNIVERSITY 

MISSISSIPFI DESEGREGATION SUIT 

NEW YORK -- 

is expected 

September 17, 1962 

After almost 16 months of litigation, James H. Meredith 

to become the first Negro to enter the all-white Univer- 

sity of Mississippi, this week. 

Registration at the University is from Tuesday to Thursday this 

week. Fall session classes begin Friday. 

Mrs. Constance Baker Motley, Meredith's attorney, said today she 

expected that Mississippi officials who have been enjoined by the 

federal courts to admit Meredith will follow the court's edict despite 

a statement by Governor Ross Barnett calling for defiance. 

District Judge Sidney Mize issued a three-page order last Friday 

prohibiting Mississippi officials from (1) refusing to admit Meredith 

on the same terms as white students, and (2) taking any action "which 

will impair, frustrate or defeat his right to enter the University.” 

Jack Greenberg, Director-Counsel of the NAACP Legal Defense 

Fund, which has financed and found Meredith's case since its inception 

in May 1961, commented that litigation in this case alone "has cost us 

almost $24,000. Mrs. Motley has made more than a score of trips to 

Mississippi on this case," he added, "and travel expenses alone have 

been huge.” 

"The entrance of Meredith in the University of Mississippi will 

be our biggest desegregation breakthrough in that State," said 

Greenberg. 

He noted that Alabama, South Carolina and Mississiopi have been 

the three southern states with virtually no desegregation since the 

Supreme Court decision of 1954. 

Meredith is out of the State at present and unavailable for 

comment. 



PERSONAL DATA _ON MEREDITH 

NAME: James Howard Meredith 

AGE: 29, born in Koscuisko, Miss. 

WIFE: June Meredith 

MILITARY SERVICE: 1950-1960, United Sta 
sergeant at discharge 
Medal.) 

tes 
« Award 

EDUCATION: High School--1950 

Undergraduate: 

Force -- 1 
Washburn University (1954) 
United States Air Force Instit 

Air Force (staff 
ed Good Conduct 

University of 
Jackson State 

Maryland Far 
College (1960-62 

QUTLINE OF HISTORY _OF CASE 

January 1961: 

May 25, 1961: 

May 31, 1961: 

June 12; August 10, 

December 12, 1961: 

January 12, 1962: 

Meredith's application for admission to the 
University of Mississippi. 

trar Robert B. Ellis rejecting 
tion on grounds that Jackson 

State College, ich Meredith was attending, 
was not a member of the Southern Association of 
Colleges and Secondary Schools, and because 
Meredith did not have letters of recommendation 
xequired from five alumni of the University. 

Letter from Re 
Meredith's app 

Suit filed contending Meredith was denied 
admission to the University solely on grounds 
of race by NAACP Legal Defense Fund. Defendants 
named were President, Executive Secretary and 12 
members of the Board of Trustees of State Insti- 
tutions of Higher Learning; and Chancellor, Dean 
and Registrar of the University of Mississippi. 
The Complaint was filed as a class action. 

IS°& 16, L961: 

Hearings on motion for preliminary injunction 
before District Judge Sidney Mize after several 
postponements, The last date for registration 
for the fall semester was September 28, 1961. 

Decision by Judge Mize denying preliminary 
injunction. 

Decision by Court the Fifth Circuit 
affirming Judge M 
injunction on grounds that on "the muddy record" 
b re it, "it was impossible to determine whether 

d, nondiscriminatory reasons for the 
i Meredith's a icati Kd University's 

The alumni recommendation require 
as unconsti onal when "the burden f s 
heavily on Negroes than on whites." (All Univer- 
sity of Mississippi alumni are white.) The District 
Court was directed to proceed promptly with the 
hearing on the merits of the case. 

$s more 



=e 

February 5, 1962: 

February 12, 1962: 

June 12, 1962: 

June 25, 1962: 

July 17, 1962: 

July 18, 1962: 

July 27, 1962: 

July 28, 1962: 

July 28, 1962: 

August 4, 1962: 

August 6, 1962: 

After limiting the right of Meredith's counsel to 
Subpoena admission records at the hearings on 
January 16 and 24, Judge Mize denied relief to 
plaintiff and dismissed the complaint on ground 
that Meredith had not been discriminated against, 
and the University of Mississippi did not follow 
a policy of racial discrimination. 

The Court of Appeahs for the Fifth Circuit, by a 
2-1 vote, denied Meredith's motion for preliminary 
injunction pending appeal which would have allowed 
him to enter the University for the second session 
in February 1962, 

The Court of Appeals enjoined Hinds County Attorney 
Paul G, Alexander from prosecuting Meredith on 
charges that he falsely registered to vote in 
February 1961. Meredith had been arrested on 
June 6, 1962. 

The United States Court of Appeals for the Fifth 
Circuit reversed District Court decision on the 
merits of the case (Judges Wisdom and Brown, con- 
curring; Judge DeVane, dissenting). In the 
majority opinion, Judge Wisdom said: "Reading 
the 1350 pages in the record as a whole, we find 
that James Meredith's application for transfer to 
the University of Mississippi was turned down 
solely because he was a Negro.... We see a well- 
defined pattern of delays and frustrations, part 
of a Fabian policy of worrying the enemy into 
defeat while time worked for the defeaters." 

The mandate of the Court of Appeals issued 
instructing the District Court to issue an injunc- 
tion against defendants. 

Judge Ben F. Cameron of the Court of Appeals for 
the Fifth Circuit, who did not hear the case, 
stayed the Fifth Circuit's mandate for a period 
of 30 days to enable appellees to apply for a 
oe of certiorari to the United States Supreme 
ourt. 

The Court of Appeals for the Fifth Circuit, through 
a panel consisting of Judges Brown, Wisdom and' 
DeVane, vacated Judge Cameron's stay of July 18 
and issued a new mandate. 

The Court of Appeals entered a preliminary injunc- 
tive order of its own and continued the injunction 
against Hinds County Attorney Alexander, restrain- 
ing him from proceeding with criminal prosecution 
of Meredith for allegedly having falsely regis- 
tered to vote. 

Judge Cameron again stayed the judgment of the 
Court of Appeals of July 27, for a period of 30 
days. 

The Court of Appeals panel issued another order 
stating that stays granted by Judge Cameron were 
unauthorized, "erroneous" and improvident. The 
court vacated Judge Cameron's stay and held that 
"all of our orders...continue in full force and 
effect." 

Judge Cameron extended his stay to include the 
Court of Appeals' order of August 4. 



September 10, 1962: 

September 13, 1962: 

NAACP Legal Defense 

Mrs. Motley, are R. Jess Brown, Vicksburg, 

Derrick A, Bell of New York Ci