Answer; Affidavit of Ernest L. Salatich; Memorandum of Authorities in Support of Motion to Dismiss

    UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF LOUISIANA 

NEW ORLEANS DIVISION 

EARL BENJAMIN BUSH, ET ALS, 

Plaintiffs CIVIL ACTION 

vs. NO. 3630 

ORLEANS PARISH SCHOOL BOARD, ET ALS 

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Defendants 

Now into Court, through undersigned counsel, comes the 

City of New Orleans, de Lesseps 8. Morrison, Mayor of the City 

of New Orleans, and Joseph I. Glarrusso, Superintendent of 

Police, New Orleans Police Department, who in answer to the 

Motion for Further Relief filed herein make the following 

defenses and answers thereto, said answer in no way to be con 

strued as a walver of defenses: 

DEFENSE 

I, 

That the Motion of Purther Relief filed by the plaintiffs 

herein fails to state a claim upon which relief can be granted 

as neither the City of New Orleans, the Mayor of the City of 

New Orleans, nor the Superintendent of Police of the New Orleans 

Police Department, in any way have any power to place in any of 

the public schools of the City of New Orleans any pupils of the 

public school system, the sald control of the public school puplls 

of the Parish of Orleans vesting solely by law in the Orleans 

Parish School Board. 

11. 

Respondents in answer to Paragraph 1. state the order of 

this Court of May 16, 1960, speaks for itself. 



111. 

Respondents in answer to Paragraph 2 state the above 

order was stayed to November 14, 1960, but as any pupil place~ 

ment is the sole right of the Orleans Parish School Board deny 

the remainder of the allegations for lack of sufficient informa 

tion to Justify belief, 

IV. 

Respondents in answer to Paragraph 3 state any pupil place 

ment is the sole right of the Orleans Parish School Board and 

deny the allegations for lack of sufficient information to justify 

belief, 

Vv, 

Respondents in answer to Paragraph 4 state any pupil place- 

ment is the sole right of the Orleans Parish School Board and 

deny the allegations for lack of sufficient information to Justify 

belief. 

VI. 

Respondents in answer to Paragraph 5 state any pupll place- 

ment is the sole right of the Orleans Parish School Board and 

deny the allegations for lack of sufficient information to Justify 

bellef. 

WHEREFORE, your respondents herein respectfully urge that this 

Honorable Court dismiss these proceedings as to your respondents 

and, in the alternative, if your respondents be deemed proper 

parties to these proceedings that these proceedings be dismissed 

at plaintiffs! cost. 

And for all general and equitable relief. 

ALVIN J. LISKA, 
City Attorney 

Ra ERNEST L. SALATICH 
Y R DE \ . . ’ 

EO FOR DEFENDANTS Assistant City Attorney 

New Orleans, Louisiana 

JOSEPH H, HURNDON, 
Assistant Clty Attorney 

GERALD P. FEDOROFF, 
gsistant City Attorney 



AFFIDAVIT 

STATE OF LOUISIANA 

PARISH OF ORLEANS 

BEFORE ME, the undersigned authority, personally 

came and appeared: 
ERNEST L. SALATICH, 

who, after being duly sworn, did depose and say; 

That he 1s one of the attorneys for the respondents herein; 

that he prepared the above and foregoing anwer, and that to the 

best of his knowledge, information and belief, all of the 

allegations of fact contained therein are true and correct. 

SWORN TO AND SUBSCRIBED 

BEFORE ME THIS DAY 

OF MAY, 1961, 

To NOTARY "PUBLIC 

CERTIFICATE 

I hereby certify that copy of the above and foregoing 

answer has this date been served on the plaintiffs herein by 

sending the same to their attorneys through the U, 8. mail 

with postage prepaid. 

ERNEST L., SALATICH 
Apsistant City Attorney 

NEW ORLEANS, LOUISIANA 

May, 1961 



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iar schools. 

vast exclusively in Che Orleans Parish School Board control over 

the public school aystem in the City of New Orleans. 

Article 12, Section 1 of the Constitution of the State of 

ioulsiana of 1921, as amended, provides ss follows: 

section 1 ~ The legislature shall provide for 

& public educational system of the State to 

consist of all public schools and all institu 

tions of learning operated by State agencies and 

enact laws on all matters regarding the term and 

gualifications for admission to the public schools. 

w B&F B & 

Articlel2, Section 10 of the Constitution of the State of 

Loulsiana of 1921, as amended, provides as follows: 

section 10 - The Legislature shall provide for 

the creation and election of parish school 

boards which shall elect parish superintendents 

for thelr respective parishes, and such other 

officers or agents ss may be authorised by the 

Legislature, * # % # # 

LeSsAs = RS. 17:01 provides as follows as to the powers 

oy and dutie g of school boards: 

"Bach parish school board shall determine the 

mmber of schools Yo be opened, the location 

of the school houses, the mumber of the teachers 

ve be employed, and select such teachers from 

nominations made by the parish superintendent, 

#0 % 9 The i shall see that the pro- 

visions of the state school law are compiled 

with," (Underscore ours.) 

rage 2 

he Constitution and laws of the State of Louisisns



LeS.Ae = R,8, 17:10] through 17:110 (Act 259 of 19506, 

go amended by ot L092 of 1560) provides in part as follows: 

"SBeotion 17:104 - Subject to appeal in 

the limited respect herein provided, each 

ioeal board shall have full and final 

suathority, and responsibility for the assign. 

ments, transfer and continuance of all pup 

among and within the publie schools within its 

% Jurisdiction, and shall prescribe rules and 

reg gle £1 ons 2 pertaining to those function hI 4 

@ # % » * (Underscore ours) 

In the light of the above guoted provisions of the 

Constitution and Lawes of the State of Louisiana, the City of 

Now Orleans, delcsseps 8, Morrison, Mayor of the City of lew 

Orleans and Joseph I. Giarrussc, Superintendent of Pollce of 

the New Orleans Police Department, pray that they be dismissed 

v0 plaintiffs® Motion for Further Relief &8 parties defo 

gs they possess no power whatsoever as to the segregation of 

pupils or the placement of pupils in the public schools of New 

trleans and could not possibly give to the plaintiffs the relief 

they seel, 

ALY Oe oar? 

SINEAT Le SAAT ICH 
fosintant City Attorney 

Ri0T i a Y. Po SOLO T » 

Asaliatant City attorney 



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