Missouri v. Jenkins Reply Brief for Petitioners

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POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 
P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT H. POWELL, JR. TELEPHONE 859-1851 

JOE R. FANCHER, JR. April 13 1972 FIRST NATIONAL BANK BUILDING 

H. NOLEN FANCHER ’ 

Honorable Edward W. Wadsworth, Clerk 
United States Court of Appeals for the Fifth Circuit 
400 Royal Street = Room 408 
New Orleans, Louisiana 70130 

Re: Nos. 28030 and 28042 - USA vy. Hinds County, et al 
(Canton Municipal Separate School District, et al) 

Dear Mr. Wadsworth: 

Enclosed herewith for filing in the above captioned cause are the original and 
three copies of report to the Court as required by Order of March 30, 1970. 

Thanking you for your usual fine cooperation, | am 

Sincerely yours, 

7.54 Ny / 

Joi R. Fancher, Jr. 

  

cc: Judges Bell, Thornberry and Morgan 

Judge Russel | 

Counsel of Record 

Clerk, District Court 

 



POWELL, FANCHER & FANCHER 

ATTORNEYS AT LAW 

P. O. BOX 245 

CANTON, MISSISSIPPI 39046 

ROBERT H. POWELL, JR. TELEPHONE 859-1851 

JOE R. FANCHER, JR. A ril 13 1972 FIRST NATIONAL BANK BUILDING 

H. NOLEN FANCHER P 4 

Honorable Griffin B. Bell 
United States Circuit Judge 
P. O. Box 845 
Atlanta, Georgia 30301 

Honorable Homer Thornberry 
United States Circuit Judge 
200 West Eighth Street: 
Austin, Texas 78701 

Honorable Lewis R. Morgan 
United States Circuit Judge 
P.O. Box 75% 

Newnan, Georgia 30263 

Re: Nos. 28030 and 28042 - USA v. Hinds County, et al 
(Canton Municipal Separate School District, et al) 

Dear Judges Bell, Thornberry, and Morgan: 

Pursuant to Order of the Court of March 30, 1970, we enclose herewith the 

report to the Court as required thereby. 

Thanking you for your consideration and assuring you of my cooperation in 

every way, | am 

Sincerely yours, 

Joe R. Fancher, Jr. 

cc: Judge Russell 

Clerk, 
Circuit Court of Appeals, New Orleans, Louisiana 

Counsel of Record  



  

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

  

Nos. 28030 & 28042 

  

JOAN ANDERSON, et al, 
Plaintiffs=Appellants 

UNITED STATES OF AMERICA, 
Plaintiff-Intervenor-Appellant 

V. 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al 

Defendants-Appellees 

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ON APPEAL FROM THE UNITED 
STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF MISSIS- 
SIPPI 

Civil Action No. 3700 (J) 

NOW COME the Defendants, Canton Municipal Separate School District, et al, in the 
above styled and numbered cause, and respectfully submit their report to the Court pursuant 
to Order dated the 30th of March, 1970. 

1 

(a) Number of students by race enrolled in the school district: 

White 

156 

  

School 
  

Canton Elementary 
Canton Public High 
McNeal Elementary 
Nichols Elementary 

  

Negro 

3694 

(b) Number of students by race enrolled in each school in the district: 

  

  

White Negro Total 

21 441 462 
52 1571 1623 
29 539 568 
54 1143 1197 

156 3694 3850 

 



  

(c) Number of students by race enrolled in each classroom in each of the schools in the district: 

  

  
  

  

  

  

  

  

  

School Grade Negro White Total 

Canton Elementary 1 125 8 133 
2 176 9 185 

3 126 3 129 
Special Education 14 1 15 

441 21 462 

Canton Public High 7 367 19 386 
8 273 15 288 
2 281 5 286 
10 234 7 241 
11 240 3 243 
12 176 3 179 

1571 52 1623 

McNeal Elementary ] 180 10 190 
2 171 8 179 
3 175 11 186 
Special Education 13 0 13 

539 29 568 

Nichols Elementary 4 356 18 374 
5 385 14 399 
6 342 19 361 
Special Education 60 3 63 

1143 54 1197 

With a departmentalized organization all students rotate by the hour from one classroom teacher 
to another. All white students have been assimilated into classrooms with Negro students. 

11 

(@) Number of full time teachers by race in the district: 

Negro White Total 
    

138 26 164 

(b) Number of full time teachers by race in each school in the district: 

  

Canton Elementary 16 6 22 
Canton Public High 63 12 Z5 
McNeal Elementary 20 2 22 
Nichols Elementary 39 6 45 

138 26 54 

(c) Number of part time teachers by race in district: 

NONE 

(d) Number of part time teachers by race in each school in the district: 

NONE 

 



  

111 

Describe the requests and the results which have accrued, by race, under the majority to the 
minority transfer provision which was a part of this Court's Order of November 7, 1969: 

Due to the organizational structure of the Canton Municipal Separate School District as of 
December 31, 1969, as prescribed by our Court Order, there is no majority to minority transfer 
due to the pairing of school attendance center. In any event, there have been no requests for 
transfer. 

Iv 

State the number of inter-district transfers granted since this Court's Order of November 7, 1969, 
the race of the students who were granted such transfers, and the school district to which the 
transfers were allowed: 

NONE 

Vv 

State whether the transportation system, if any, in the district is desegregated to the extent that 

Negro and white students are transported daily on the same busses: 

YES 

Vi 

State whether all facilities such as gymnasiums, auditoriums, and cafeterias are being operated on 
a desegregation basis: 

YES 

VII 

Give brief description of any present or proposed construction or expansion of facilities: 

The board is remodeling one building on the Nichols site, constructing a Physical Education 
building on the high school site, and plans summer partial renovations to all buildings now in use. 

Vili 

State whether the school board has sold or abandoned any school facility, equipment, or supplies 
having a total value of more than $500.00 since this Court's Order of November 7, 1969: 

NONE SINCE LAST REPORT 

1X 

(a) State whether there is a bi-racial advisory committee to the school board in the school district: 

YES 

(b) If so, state whether the bi-racial advisory committee has submitted recommendations to the board 

of education: 

YES 

 



  

(c) If so, state the number and disposition of such recommendations: 

The Bi=Racial School Board Committee has made several recommendations to the school 

board and all were approved by the board. 

(d) If a bi-racial committee is in existence, state briefly the areas of the education process in 
which the bi-racial committee is to function: 

The Bi-Racial School Board Advisory Committee has been asked by the school board to con- 
sider all matters within the jurisdiction of the school board and to make recommendations for im- 
provement. 

Respectfully submitted, 
Canton Municipal Separate School District 

   



  

CERTIFICATE OF SERVICE 
  

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

F i 
certify that on this the £3 day of April, 1972, | caused to be served by United States mail, postage 

prepaid, true and correct copies of the foregoing report to the Court upon attorneys of record for 

plaintiffs and plaintiff-intervenor, addressed as follows: 

Mr. Melvyn R. Leventhal 
P. O. Drawer 290 
Jackson, Mississippi 

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 

Mr. Robert E. Hauberg 
United States Attorney 
P.O. Box 2071 
Jackson, Mississippi 39205 

Hv fl i 
  

A Joe R. rons sig Jre 

Attorney at Law 

P. O. Box 245 
Canton, Mississippi 39046