Excerpts from the General Assembly of Alabama Sessions of July, September, and November 1868

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Ace KONO J 
HOES 
A oN” ( oy 

PowEeELL & FANCHER of Lt’ 

ATTORNEYS AT LAW Bo C al 

P. O. BOX 245 =) UF Na | 4 

CANTON, MISSISSIPPI 30046 

ROBERT H. POWELL, JR. November 30, 1972 fe ee oo 

JOE R. FANCHER, JR. FIRST NATIONAL BANK BUILDING 

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 v. 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 

Jincarel yours, 

~ rl Ln 

os R. Fandier’ Jr. 

cc: Judges Bell, Thornberry and Morgan 

Judge Russell 

Counsel of Record 

Clerk, District Court  



PoweELL & FANCHER 

ATTORNEYS AT LAW 

P.O. BOX 245 

CANTON, M1SsissIiPPrI 380046 

AREA CODE 80! 
ROBERT H. POWELL, JR. November 30, 1972 TELEPHONE 859-188] 
JOE R. FANCHER, JR. FIRST NATIONAL BANK BUILDING 

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 759 
Newnan, Georgia 30262 

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, 

— Af 7 Le. Aa = 
A aly 
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 ON APPEAL FROM THE UNITED 

STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF MISSIS- 
SIPPI 

UNITED STATES OF AMERICA, 
Plaintiff=Intervenor-Appellant 

Vv. 
Civil Action No. 3700 (J) 

CANTON MUNICIPAL SEPARATE SCHOOL 
DISTRICT, et al 

Defendants~Appellees 

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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. 

] 

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

White Negro Total 
  

  

186 3746 3932 

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

    

  

School White Negro Total 

Canton Elementary 37 479 516 
Canton Public High 69 1687 1756 
McNeal Elementary 33 503 536 
Nichols Elementary 47 1077 1124 
  

186 3746 3932 

 



(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 ] 150 15 165 
2 122 9 131 
3 177 12 189 
Special Education 30 ] 31 

479 37 516 

Canton Public High 7 358 17 375 
8 367 16 383 
9 271 19 290 
10 241 7 248 
11 238 é 244 
12 212 4 216 

1687 69 1756 

McNeal Elementary 1 150 11 161 
2 166 10 176 
3 158 11 169 
Special Education 29 ] ; 30 

503 33 536 

Nichols Elementary 4 288 14 302 
5 319 17 336 
é 387 11 398 
Special Education 83 5 88 

1077 47 1124 
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 

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

    

Negro White Total 

138 33 171 

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

  

Canton Elementary 18 6 24 
Canton Public High 60 14 74 

McNeal Elementary 21 5 26 

Nichols Elementary 39 8 47 
138 33 171 

(¢) 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 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, 19679, 

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 planning to renovate one floor of the two story building located on Nichols site. 

VII 

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: 

1 1960 GMC bus Serial #305B65513 $176.00 

1 1962 GMC bus Serial 7 J3719F $200.00 

1 1962 GMC bus Serial *J372F $357.00 

1 1961 Ford bus Serial #1370H0190693 $500.00 

1 1961 Ford Pickup Serial "F105K190388 $100.00 

A portion of stadium seating, surplus of school needs as determined by the school board, value 

unknown, abandoned and disposed of in consideration of clearing from site in anticipation of sale 

thereof. 

IX 

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

YES 
Title 1 Advisory Committee 
Title 111 Advisory Committee 
Title IV Citizens Advisory Committee 
Title IV Outside Consultants Committee 

 



(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: 

Title 1 Advisory Committee: All Title 1 Projects are submitted to the school bocrd 
through and on approval of the advisory committee. 
To this date, no recommendations made by the committee 
have been refused by the board . 

Title 111 Advisory Committee: Made recommendations for professional development 

materials and additional instructional personnel which 

the board approved. 

Title IV Committees: Made recommendations covering all areas of instructional 

and administrative functions in the school system, including 

building repairs and renovations. The board seriously con- 
sidered all recommendations and immediately commenced 

implementing the majority of such recommendations. 

(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 Advisory Committees have been asked by the school board to consider all matters within 

their areas and make recommendations to the school board. 

Respectfully submitted, 
Canton Municipal Separate School District 

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2 > / ji So A A f 

7 Jr y ( ly 4 K 0 27.f raze” 
By: ZL Cll Jb 

~ /Lamar Fotfentenry, Jeperintendent 

\ 

  

— —— 

 



  

CERTIFICATE OF SERVICE 
  

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

hereby certify that on this the / & day of December, 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-intervenors, 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 2091 
Jackson, Mississippi 39205 

  

  

Joe R. Fancher, Jr. 
Attorney at Law 

P. O. Box 245 
Canton, Mississippi 39046