Reed v. Pearson Transcript of Record

    TRANSCRIPT OP RECORD.

U N ITE D  S T A T E S

C O U R T  OF A P P E A L S
FIFTH CIRCUIT

No. 19,305

WILLIE M. REED, by his father and next friend, WILMER
REED,

Appellant,

versus

THEODORE B. PEARSON, as Superintendent of Educa­
tion of Washington County, Alabama, Et Al.,

Appellees.

Appeal from the United States District Court for the 
Southern District of Alabama.

(ORIGINAL RECORD RECEIVED OCT. 24/61.)
. U« vi>« CO UR i Ov

F I L E D

JAN 11 1362

EDWARD W. WADSWORTH 
CLERK



INDEX
Page

Caption.............................................................................
Complaint.........................................................................  2

Exhibit “ A” , Letter to Wilmer Reed from 
Milton Weaver and Spencer Fields dated
August IS, 1960.................. ....................... • • 11

Exhibit “B”, Letter to Washington County 
Board of Education from Wilmer Reed,
dated August 23, 1960......................................  12

Exhibit “ C” , Letter to Washington County 
Board of Education from Grady WT. Hurst,
Jr. dated Aug. 23, 1960..................................... 12

Exhibit “ D ” , Letter to I. V. Orso, from Grady
W. Hurst, Jr. dated Aug. 23, 1960..............  13

Exhibit “ E” , Letter to Wilmer Reed, from 
Washington County Board of Education,
dated Aug. 26, 1960........................   14

Exhibit “ F” , Letter to Grady W. Hurst, Jr. 
from T. B. Pearson, dated Aug. 29, 1960. . 15

Exhibit “ G” , Resolution........................................  16
Exhibit “ H” , Letter to Grady W. Hurst, Jr.

from T. B. Pearson, dated Oct. 5, 1960... 16
Exhibit “I ”, Letter to WTilmer Reed, from 

Washington County Board of Education,
dated Nov. 30, 1960........................................ 17

Exhibit “ J” , Letter to Wilmer Reed, from 
Washington County Board of Education,
dated Jan. 11, 1961..........    18

Exhibit “ K ” , Letter to Principal and Teachers 
of Reeds Chapel School, from Washington 
County Board of Education, dated Jan. 11,
1961.............................................   19

Summons........................................................................... 20
Motion to Dismiss........................................................... 23



II

IN DEX— Continued

Order Granting Defendants’ Motion to Dismiss
Complaint.............................................................. 24

Order Finally Dismissing Complaint........................... 25
Notice of Appeal..............................................................  26
Appeal Bond.....................................................................  27
Designation of Record....................................................  28
Order Extending Time for Filing and Docketing

Recoid on Appeal................................................  29
Certificate of Clerk..........................................................  30



UNITED STATES DISTRICT COURT, SOUTHERN 
DISTRICT OF ALABAMA.

Civil Action File No. 2549.

W ILLIE M. REED by his father and next friend 
W ILM ER REED,

Plaintiff,

versus

THEODORE B. PEARSON, as Superintendent of 
Education of Washington Countv, Alabama, THE 
BOARD OF EDUCATION OF WASHINGTON 
COUNTY, ALABAMA, C. M. FROST, as a member 
of the Board of Education of Washington County, 
Alabama, ZACK T. DEES, as a member of the 
Board of Education of Washington County, Ala­
bama, J. P. DAUGHERTY, as a member of the 
Board of Education cf Washington County, Ala­
bama, C. J. DAVIDSON, as a member of the Board 
of Education of Washington County, Alabama, 
RUFUS DICKEY, as a member of the Board of 
Education of Washington County, Alabama, I. V. 
ORSO, as a Trustee of Reeds Chapel School in 
Washington County, Alabama, MELTON WEAV­
ER, as a Trustee of Reeds Chapel School in Wash­
ington County, Alabama, SPENCER FIELDS, 
as a Trustee of Reeds Chapel School in Washington 
County, Alabama, MINNIE REED, MAGGIE 
JANE ORSO, VIOLA SNOW, and VIRGINIA 
WEAVER,

Defendants.

Suit to Force Admission of Child to School From Which 
He is Alleged To Be Excluded Because of Race or 
Color in Violation of Civil Rights Act, Section 1983, 
Title 42, United States Code.



2

COMPLAINT.

(Title Omitted.)

To the Honorable Daniel H. Thomas, United States 
District Judge for the Southern District oi Alabama:

Comes your petitioner Willie M. Reed, appearing by 
his father and next friend, Wilmer Reed, and would 
represent and show unto Your Honor as follows:

l.(a ) That your petitioner is of the age of six years 
and is a resident of Washington County, Alabama; that 
your petitioner’s father by whom he appears in this 
cause is over the age of twenty-one years and is a resident 
of Washington County, Alabama, whose address is 
McIntosh, Alabama.

l.(b ) That the respondent Theodore B. Pearson is 
the Superintendent of Education of Washington County, 
Alabama is over the age of twenty-one years, and is a 
resident of Washington County, Alabama, whose ad­
dress is Leroy, Alabama.

1. (c) That C. M. Frost, Zack T. Dees, J. P. 
Daugherty, C. J. Davidson, and Rufus Dickey are the 
presently elected, qualified and acting members of the 
Board of Education oi Washington County, Alabama; 
that they are each over the age of twenty-one years and 
residents of Washington County, Alabama.

l.(d ) That I. V. Orso, Meltcn Weaver and Spencer 
Fields are the presently elected and serving Board of 
Trustees of Reeds Chapel School in Washington County, 
Alabama; that they are each over the age of twenty-one 
years and residents of Washington County, Alabama.

l.(e ) That Minnie Reed, Maggie Jane Orso, Viola 
Snow, and Virginia Weaver, is each over the age of twenty- 
one years and a resident of Washington County, Alabama.



3

2. That your petitioner was born to Mary L. Reed, 
Mother, and Wilmer Reed, Father, on September 24, 
1954 and was therefore of the age of six years on or 
before October 1, 1960.

That Title 52, Section 297, of the Code of Alabama, 
provides: “ A child who is six years of age on or before
October First shall be entitled to admission to the public 
elementary school at the opening of such schools for that 
year or as soon as practicable thereafter.— ”

That your petitioner lives 1.2 mile Northwest of Reeds 
Chapel School, a public elementary school in Washington 
County, Alabama; which said school is attended by your 
petitioner’s neighbors, relatives and the children in the 
community and area in which your petitioner lives; that 
there is no other school in the community in which pe­
titioner lives; that your petitioner having attained the 
age of six years on or before October 1, 1960 anticipated 
matriculating in the Reeds Chapel School at the begin­
ning of the 1960 school session, but pending such school 
opening his father received a letter, a true and correct 
copy of which is attached hereto, marked Exhibit “ A ” , 
and made a part hereof the same as though copied herein, 
from the school trustees of Reeds Chapel School advising 
him that petitioner would not be admitted to said school 
at the opening of school in September of 1960.

That immediately upon receiving the letter attached 
hereto as Exhibit “ A”  your petitions’s father consulted 
an attorney and was advised that under Title 52, Section 
61(1), et seq, of the Code of Alabama, the authority for 
the placement of school children was vested in the Board 
of Education of the respective counties of the State of 
Alabama; that on August 23, 1960 your petitioner’s 
father petitioned the Washington County Board of Edu­
cation by letter, a true and correct copy of which is at­
tached hereto, marked Exhibit “ B” , and made a part 
hereof the same as though copied herein; for the place­



4

ment of your petitioner in school for the 1960 school term; 
and Grady W. Hurst, Jr., as attorney for your petitioner 
and his father did address the Washington County Board 
of Education by letter dated August 28, 1960, a true and 
correct copy of which is attached hereto, marked Exhibit 
“ C” , and made a part hereof the same as though copied 
herein, and did write the trustees of Reeds Chapel School 
on August 23, 1960 a letter, a true and correct copy of 
which is attached hereto marked Exhibit “D ”, and made 
a part hereof the same as though copied herein.

The Washington County Board of Education by T. B.
Pearson, its Secretary and Executive Officer did reply to 
the letter from petitioner’s father attached hereto by 
letter dated August 26, 1960, a true and correct copy of 
which is attached hereto, marked Exhibit “ E” , and made 
a part hereof the same as though copied herein; that not­
withstanding the letter attached hereto as Exhibit “ B” 
was received by the Washington County Board of Educa­
tion before the opening of the 1960 school term, and the 
said school board could have heard and determined the 
petition of your petitioner’s father for the placement of 
your petitioner on or before the opening of 1960 school 
teim; the said Board voluntarily and arbitrarily delayed 
the hearing of such petition until after the opening of 
the school term and until to-wit: the last Friday in 
September of 1960.

That on to-wit: August 29, 1960, Mr. T. B. Pearson, 
the County Superintendent of Education wrote your 
petitioner’s attorney a letter, a true and correct copy of 
which is attached hereto, marked Exhibit “ F” , and made 
a part hereof the same as though copied herein, enclosing 
a resolution of the Washington County Board of Educa­
tion, a true and correct copy of which is attached hereto 
as Exhibit “ G” , and made a part hereof the same as though 
copied herein, which provides for the placement of 
children in the same school that their family had attended 
in the past, without regard to the residence of the pupil



5

or nearest school to such pupil; that your petitioner’s 
parents attended schools outside of Washington County, 
Alabama, and that this resolution was aimed at and had 
the effect of denying your petitioner’s admittance to the 
Reed Chapel School or to any school in Washington 
County, Alabama; that the said resolution is arbitrary 
and unconstitutional in that it has as its purpose the 
denial of admittance of your petitioner to a public school 
in Washington County, Alabama because of his race or 
color.

That your petitioners father and attorney met with 
the Washington County Board of Education on the last 
Friday of September in 1960, and presented to the said 
Board of Education all facts which were relevant to the 
admittance of your petitioner as a pupil in Reeds Chapel 
School but the said Beard of Education, instead of 
making a decision on the question, voluntarily and 
arbitrarily delayed making any decision on the question 
and advised your petitioners attorney thereof by letter, 
a true and correct copy of which is attached hereto, 
marked Exhibit “ H” , and made a part hereof the same 
as though copied herein.

That the Board of Education of Washington County, 
Alabama voluntarily and arbitrarily delayed taking any 
action in this matter for more than fifty days, and failed 
to advise your petitioners father or attorney any further 
in the matter until November 30, 1960, at which time 
they wrote your petitioner’s father a letter, a true and 
correct copy of which is attached hereto as Exhibit “ I” , 
and made a part hereof the same as though copied herein; 
that this letter requested and directed that your peti­
tioner’s father meet with the trustees of Reeds Chapel 
School for the purpose of discussing and trying to resolve 
the question of the admittance of petitioner to said school; 
that in compliance with said request your petitioner’s 
father met with the trustees of Reeds Chapel School 
and that said meeting resulted in an agreement and



6

understanding that your petitioner would be admitted 
as a pupil in the Reeds Chapel School beginning after 
the Christmas Holidays and on to-wit: January 3, 1961; 
that the Washington County Board of Education ac­
quiesced in this agreement and understanding and knew 
that your petitioner would enroll at the Reeds Chapel 
School on January 3, 1961; and that one of the members 
of the Washington County School Board told your 
petitioner’s father to enroll your petitioner in the said 
school on said date.

That your petitioner was permitted to enroll in the 
Reeds Chapel School on January 3, 1961; enrolled in 
the first grade and attended at said school on January 3, 
to January 6, 1961; that on January 6, 1961, Minnie 
Reed, Maggie Jane Orso, the wife of Trustee I. V. Orso, 
Viola Snow and Virginia Weaver appeared at Reeds Chap­
el School without just cause or legal authority, created a 
disturbance and threatened further disturbance and 
violence if your petitioner was not expelled from the 
said school by the school authorities; that no effort was 
made by the school authorities or law enforcement 
authorities to eject the said persons creating the disturb­
ance from the school premises, but that the school prin­
cipal Mrs. Margaret Dickinson dismissed the school 
early on January 6, 1961 and sent the children home be­
cause of the said threats and disturbance; that she ap­
parently contacted Mr. T. B. Pearson, the Superintend­
ent of Education of Washington County, Alabama, for 
further instructions and the Reeds Chapel School was 
closed during the week of January 9-13, 1961.

That on January 11, 1961, the Washington County 
Board of Education wrote your petitioner’s father a letter, 
a true and correct copy of which is attached hereto as 
Exhibit “J ”, and made a part hereof the same as though 
copied herein and enclosed therein a copy of a letter to 
the principal and trustees of Reeds Chapel School, dated 
January 11, 1961, a true and correct copy of which is



7

attached hereto as Exhibit “ K ” , and made a part hereof 
the same as though copied herein; that Exhibit “ J”  in­
structed your petitioner’s father that your petitioner was 
not placed in the school; that Exhibit “J ” directed the 
principal and teachers of Reeds Chapel School to re-open 
the school on January 16, 1961, but to instruct and teach 
only pupils enrolled therein before December 16, 1960; 
which had the effect of expelling your petitioner from 
said school; that no just cause or legal excuse exists or 
existed for this arbitrary action on the part of the Wash­
ington County School Board.

That your petitioner has made great effort as exempli­
fied above to exhaust the administrative remedy for 
placement in schools as provided by Title 52, Section 
61(1) et seq, of the Code of Alabama; That more than 
five months have passed since the initiation of such 
procedure, during which time the Board of Education of 
Washington County, Alabama has unreasonably and 
unnecessarily delayed the making of any definite decision 
from which your petitioner could ask for a review or 
could appeal; that your petitioner believes that the 
Board of Education of Washington County, Alabama 
intends to continue to arbitrarily delay this matter as 
exemplified in its letter to petitioner of January 11, 1961; 
that this arbitrary delay and refusal of the Board ot 
Education of Washington County, Alabama to make 
any decision for the placement of your petitioner in any 
public school in the State of Alabama has resulted and 
is continuing to result in the deprivation of your peti­
tioner of his rights to a public education under the laws 
of the State of Alabama.

3. That the community of Reeds Chapel in Washing­
ton County, Alabama is populated by a people of mixed 
blood; that your complainant’s paternal and maternal 
grandfathers were a part of this mixed blood group, and 
were related, as is your petitioner, by blood and mar­
riage, to the great majority of the patrons of the Reeds



8

Chapel School; that your petitioner’s maternal and 
paternal grandmothers were not of this mixed blood 
group of the community of Reeds Chapel; the former 
came from Choctaw County, Alabama and the later from 
Clarke County, Alabama; that the reason for the refusal 
of the trustees of Reeds Chapel School for the admittance 
of your petitioner to said school prior to the opening of 
the school term of i960 was because of your petitioner’s 
race and color acquired through his paternal and maternal 
grandmothers, as reflected in their letter to your peti­
tioner’s father on August 18, 1960, Exhibit “A ”, that 
this decision of the trustees of the Reeds Chapel School 
has been acquiesced in by the Washington County 
Board of Education as exemplified in their continued de­
lay and refusal to place your petitioner in school; that the 
Washington County Board of Education, acting in con­
cert with the trustees of the Reeds Chapel School, con­
tinue to deprive your petitioner of his right to a public 
education because of his race and color, as reflected by 
the exhibits attached hereto, and made a part hereof the 
same as though copied herein, and the aforesaid facts.

4. That this cause involves the civil rights of your 
petitioner, and your petitioner verily believes that it is 
necessary to appeal to this Federal Court for the protec­
tion of his civil and constitutional rights.

That your petitioner is not discriminated against by 
the white race, but by people of his own race, color, mixed 
blood-group and by his own relatives, all for and on ac­
count of his race, color and blood group.

5. That Minnie Reed, Maggie Jane Orso, Viola Snow 
and Virginia Weaver, or two or more of the said named 
persons, did, on to-wit: the 6th day of January, 1961, in 
the State of Alabama, at to-wit: the community of Reeds 
Chapel, Alabama, conspire and go on the property of 
another, the property of the Washington County School 
Board, for the puipose of depriving, directly or indirectly,



9

your petitioner of equal privileges under law as their 
children to attend a public school by intimidation and 
threats of force;

And that as a result and consequence thereof your 
petitioner has been removed as a pupil at Reeds Chapel 
School as aforesaid.

That the said Minnie Reed, Maggie Jane Orso, Viola 
Snow, Virginia Weaver and other patrons of Reeds 
Chapel School continue to make threats of doing violence 
if your petitioner is returned to school, to the said school, 
to its principal and teachers and to your petitioner.

That if your petitioner is permitted to return to said 
school that there is grave danger of the said Minnie Reed, 
Maggie Jane Orso, Viola Snow, Virginia Weaver and 
other patrons of Reeds Chapel School going on the School 
grounds, creating disturbances there and doing violence 
as threatened to your petitioner, the school property 
and the principal and teachers unless enjoined therefrom 
by this Honorable Court.

Prayer.

Wherefore, the premises considered your petitioner 
prays and moves this Honorable Court upon the pre­
sentation of this complaint to cause such proceedings 
to be had in the premises and to enter such orders and 
decrees as will cause your petitioner to be enrolled in 
Reeds Chapel School, a public school in Washington 
County, Alabama, without discrimination against him 
by race or color and as will afford to your petitioner 
protection in his civil and constitutional rights in the 
premises;



10

Petitioner prays for all such other, further and general 
relief as to which he may be entitled, the premises con­
sidered, as petitioner will ever pray, etc.

GRADY W. HURST, JR., 
(Grady W. Hurst, Jr.),

Solicitor for Petitioner.

GRADY W. HURST, JR.,
Attorney at Law,

P. 0 . Box 331,
Chatom, Alabama,

Of Counsel for Petitioner.

State of Alabama,
Washington County.

Before me the undersigned authority in and for said 
County and State personally appeared Wilmer Reed, 
who is known to me, and who being by me first duly 
sworn, deposes and says that the facts stated in the 
foregoing petition and correct to the best of his knowl­
edge, information and belief.

W ILM ER REED,
(Wilmer Reed).

Sworn to and subscribed before me this 23rd day of 
January, 1961.

GRADY W. HURST, JR.
(Grady W. Hurst, Jr.),

Notary Public, State of Ala­
bama at Large.

Filed Feb. 20, 1961.



11

EXHIBIT “ A ” .

August 18, 1960 
Me Intosh, Alabama

Wilmer Reed
McIntosh, Ala.

Dear Sir:
We are writing you concerning the admission of your 

child to Reeds’ Chapel School. Bein the Trustees, We 
feel that our primary duty and responsibility is to the 
people whom we represent. In consideration of this fact 
we feel that it is our duty to deny admission to your 
child for the following reasons:

1. First and foremost the people do not want to accept 
your child as a pupil in our school. It is our desire to 
postpone intergration as long as possible in Alabama.

2. The second reason is a resolution passed by the 
Washington County Board of Education which has been 
in effect for several years which states, and we quote:

“ Be It Resolved, That all Washington County School 
pupils are hereby placed in the same school they attended 
last year unless thay are new pupils or graduating from 
elementary school and these pupils are placed in the same 
school as their families have been attending in the past. 
Placement of new students moving in the country for the 
first time will be made by the Board from time to time as 
conditions warrant. Teachers and Principals are hereby 
instructed not to enroll, teach or give report cards to any 
pupil or pupils that are not assigned by the Washington 
County Board of Education.”

Yours sincerely,
I. V. ORSO 
MELTON WEAVER 
SPENCER FIELDS 

Trustees



12

EXHIBIT “ B” .

August 23, 1960

Washington County Board of Education 
c /o  Mr. T. B. Pearson, Supt. of Ed.

Chatom, Alabama

Dear Sirs:
M y son, Willie Reed, will be six years of age before 

October 1, 1960 and I desire to enroll him in school for 
the 1960-61 school year.

The nearest school to where we live is the Reed Chapel 
School which is approximately one and one-fourth miles. 
There is no transportation furnished from my home to 
this or any other school. The children in the immediate 
area of my home walk to this school. I formally apply 
to you for the placement of my child in a school for 
the 1960-61 school year and request that you inform me 
of this placement as soon as possible in order that I 
might have it in time to enroll my son, Willie Reed, in 
school on September 1, 1960.

Yours sincerely,
W ILM ER REED

EXHIBIT “ C” .

August 23, 1960

Washington County Board of Education 
c /o  Mr. T. B. Pearson, Supt. of Ed.

Chatom, Alabama

Dear Sirs:
I have been retained by Wilmer Reed to represent him 

in the matter wherein the trustees of the Reed Chapel 
School are attempting to prevent his son, Willie Reed 
from attending that school, which is the nearest one 
to his home for the 1960-61 school year.



13

I feel that it is best for our educational system and 
t is certainly the desire ol my client that this matter be 
reconciled without the necessity of a law suit if possible. 
If it cannot be, he is prepared to carry it to that end 
rather than for his neighbors and relatives to treat him 
as they are attempting to do in this matter.

I will be glad to discuss this matter with you and 
describe what the situation is as far as my client is con­
cerned before you act on this matter, if you would like 
to hear from me. I will be at your disposal at any time 
you call me to come up there and discuss it.

Sincerely yours,
GRADY W. HURST, JR.

GWH,JR/eb

EXHIBIT “ D” .
August 23, 1960

I. V. Orso
McIntosh, Alabama 

Melton Weaver,
McIntosh, Alabama 

Spencer Fields,
McIntosh, Alabama

Dear Sirs:
Wilmer Reed of McIntosh has retained me to represent 

him in the matter wherein you are attempting to prevent 
his son, Willie Reed, from attending Reeds Chapel 
School during the 1960-61 school year. I would like to 
discuss this matter with you and what the consequences 
will be if it is necessary to file legal proceedings. Please 
come to see me at your earliest convenience for us to 
discuss this matter.

Sincerely,
GRADY W. HURST, JR.

CC: Washington County Board of Education 
c /o  Mr. T. B. Pearson, Supt. of Ed.
Chatom, Alabama

GWH,JR/eb



14

EXHIBIT “ E” .

Mr. Wilmer Reed
c /o  Mr. Grady W. Hurst 

Chatom, Alabama

August 26,1960

Dear Sir:
Your letter dated August 23, 1960 requesting place­

ment of your child in a school for the 1960-61 term was 
received by the Washington County Board of Education 
and read at a meeting on August 25, 1960. Also a letter 
dated August 23,1960 from your Attorney, Mr. Grady W. 
Hurst, Jr., was received and read by the Board. The 
Board of Education directed me to inform you that they 
would take the matter under advisement and consider 
the matter again at the next meeting. The Board also 
directed me to write you that in your letter you did not 
give the place of birth nor the birth date of your child 
and these two items of information should certainly need 
to be available to the Board. The Board also took note 
of Mr. Hursts letter wherein he stated that he would be 
glad to discuss the matter with the Board before action 
was taken and an invitation is extended to him to attend 
the next regular meeting in this cause. This meeting 
will be held on the last Friday in September at the Court 
house at 9 o’clock, A. M. The Board asked me to ex­
press regret that due to the short time available it would 
not be possible to place your child in a school by Sep­
tember 1st. The Board feels that hasty action should 
be avoided, as your attorney states that there is a possi­
bility of a law suit involved and this would of course be 
very expensive to all concerned.

Your letter did not list an address, therefore we are 
mailing this letter to you in care of your attorney, which 
we trust will be satisfactory.

Yours very truly,
WASHINGTON COUNTY 

BOARD OF EDUCATION 
By T. B. PEARSON,

Secretary & Executive Officer, 
cc: Mr. Grady W. Hurst, Jr.

Chatom, Alabama 
TBP/ej



15

Board of Education 
Washington County 
Chatom, Alabama

C. M. Frost, President, Millry
Zack T. Dees, Vice-President, Chatom
J. P. Daugherty, McIntosh
W. E. Powell, Carson
C. J. Davidson, Vinegar Bend
Theodore B. Pearson, Superintendent
Irving Adams, Custodian

EXHIBIT “ F” .

Mr. Grady W. Hurst, Jr., 
Chatom, Alabama.

August 29, 1960

Dear Mr. Hurst:
At the meeting on August 25th, the Board of Educa­

tion instructed me to send you a copy of a resolution 
passed by a unanimous vote of the Board at a meeting 
on August 17, 1960. I find that we failed to enclose a 
copy of this resolution in our letter to you on August 
26th and therefore a copy is enclosed. A similar resolu­
tion was passed last year year prior to the opening of the 
schools for the 1959-1960 term.

With best regards, I am 
Yours sincerely,

T. B. PEARSON,
(T. B. Pearson),

County Superintendent
TBP/ej

ENCL:



16

Washington County Board of Education 
Chatom, Alabama

Be It Resolved That all Washington County school 
pupils are hereby placed, for the school term of 1960-1961, 
in the same school they attended last year unless they are 
new pupils or pupils graduating from the elementary school 
and these pupils are placed in the same school that their 
families have been attending in the past. Placement of 
students moving into the county for the first time will be 
made by the Board from time to time as conditions 
warrant. Teachers and principals are hereby instructed 
not to enroll, teach or give report cards to any pupil or 
pupils that are not properly assigned by the Washington 
County Board of Education.

EXHIBIT “ H ".

Board of Education 
Washington County 
Chatom, Alabama

C. M. Frost, President, Millry
Zack T. Dees, Vice-President, Chatom
J. P. Daugherty, McIntosh
W. E. Powell, Carson
C. J. Davidson, Vinegar Bend
Theodore B. Pearson, Superintendent
Irving Adams, Custodian

EXHIBIT “ G” .

October 5, 1960
Honorable Grady W. Hurst, Jr.,

Chatom, Alabama.

Dear Mr. Hurst:
In regard to the placement of Willie Reed, it was the de­

cision of the Board of Education to postpone action



17

until the matter could be discussed with the local trustees. 
In this connection I was directed by the Board to notify 
the trustees of the Reeds Chapel School to appear at 
the next meeting of the Board. We trust that the matter 
can be resolved satisfactorily at the next meeting. 

With best regards, I am
Yours sincerely,

T. B. PEARSON 
(T. B. Pearson),

County Superintendent
cc: Mr. Wilmer Reed 

McIntosh, Alabama.

TBP/ej

EXHIBIT “ I” .

Board of Education 
Washington County 
Chatom, Alabama

C. M. Frost, President, Millry 
Zack T. Dees, Chatom 
J. P. Daugherty, McIntosh 
C. J. Davidson, Vinegar Bend 
Rufus L. Dickey, Chatom 
Theodore B. Pearson, Superintendent 
Irving Adams, Custodian

November 30th, 1960

Mr. Wilmer Reed 
McIntosh, Alabama

Dear Sir:
The Washington County Board of Education, at a 

meeting today, discussed the matter of school placement 
of your son with the local Trustee’s of Reeds Chapel 
School.



18

The Board passed a resolution requesting that you and 
the Trustee’s meet at the Reeds Chapel school at 7 :30 
P. M., Saturday, December 3, for the purpose of discuss­
ing the situation. The Board expressed confidence in 
the Trustee s; and it was the unanimous opinion of the 
Board that if you and the Trustee’s would meet and dis­
cuss the matter, that a satisfactory solution for all con­
cerned could be obtained.

We trust that the Board of Education may have your 
co-operation, and that you will meet at the time and 
place designated.

Yours very truly.
WASHINGTON COUNTY 

BOARD OF EDUCATION 
By: T. B. PEARSON 

(T. B. Pearson),
TB P/s Secretary and Exec. Officer.

Copy to:
Mr. J. P. Daugherty.
McIntosh, Alabama.

“ EXHIBIT “ J” .
Washington County Board of Education 

Chatom, Alabama

January 11, 1961
Mr. Wilmer Reed,

McIntosh, Alabama.

Dear Sir:
Kindly be advised that the Board of Education of 

Washington County directed me to write you that on the 
basis of a report from the Trustees of Reeds Chapel 
School, the matter of placement of your child could not 
be solved or determined. The Board of Education 
gave further consideration to the matter at a meeting 
today, but postponed action on your request for place­



19

ment of your child due to the fact that one member of 
the Board, Mr. Zack T. Dees, was out of the state and 
could not be present for the meeting today. It is the 
feeling of the Board that full membership should be 
present for consideration of this matter when action is 
taken on your request. Another reason for postpon- 
ment of action the Board decided to employ an attorney 
to advise them in this matter, and additional time will 
be required to employ an attorney and advise with him 
in connection with the situation to date.

Therefore pending further consideration by the Board 
in line with the above your child is not, for the time 
being placed in a school.

Yours very truly,
WASHINGTON COUNTY 

BOARD OF EDUCATION 
By T. B. PEARSON,

Secretary & Executive Officer, 
cc: Mr. Grady W. Hurst, Jr.

Chatom, Alabama

Mr. J. P. Daugherty 
McIntosh, Alabama

TBP/ej
“ EXHIBIT "K ” .

Washington County Board of Education. 
Chatom, Alabama.

January 11, 1961
Principal & Teachers of 

Reeds Chapel School,
McIntosh, Alabama.

Dear Teachers:
Due to a great decline in attendance, the Reeds Chapel 

School was closed for an indefinite time, effective Mon­
day, January 9, 1961.



20

At a meeting today the Board of Education does 
hereby authorize and instruct you to reopen the school 
on Monday, January 16th, and you are further instructed 
and notified to enroll, teach and give report cards to only 
those pupils who were enrolled and in attendance prior 
to the Christmas holidays which began on December 16, 
1960. Please be governed accordingly.

Yours very truly
WASHINGTON COUNTY 

BOARD OF EDUCATION 
By T. B. PEARSON,

Secretary & Executive Officer.
TBP/ej

Filed Feb. 20, 1961.

SUMMONS.

United States District Court for the Southern District 
of Alabama, Southern Division.

Willie M. Reed by his father and next friend, Wilmer 
Reed, Plaintiff,

vs. Civil Action No. 2549.
Theodore B. Pearson, as Superintendent of Education 

of Washington County, Alabama, The Board of 
Education of Washington County, Alabama, C. M. 
Frost, as a member of the Board of Education 
of Washington County, Alabama, Zack T. Dees, 
as a member of the Board of Education of Washing­
ton County, Alabama, J. P. Daugherty, as a mem­
ber of the Board of Education of Washington 
County, Alabama, C. J. Davidson, as a member 
of the Board of Education of Washington County, Ala­
bama, Rufus Dickey, as a member of the Board of 
Education of Washington County, Alabama, I. V. 
Orso, as a Trustee of Reeds Chapel School in Wash­
ington County, Alabama, Melton Weaver, as a



21

Trustee of Reeds Chapel School in Washington 
County, Alabama, Spencer Fields, as a Trustee of 
Reeds Chapel School in Washington County, Ala­
bama, Minnie Reed, Maggie Jane Orso, Viola 
Snow, and Virginia Weaver, Defendants.

To the above named Defendants:
You are hereby summoned and required to serve upon

Mr. Grady W. Hurst, Jr.,
Attorney at Law,

P. 0 . Box 331,
Chatom, Alabama,

plaintiffs attorney, an answer to the complaint which is 
herewith served upon you, within Twenty (20) Days 
after service of this summons upon you, exclusive of the 
day of service. If you fail to do so, judgment by default 
will be taken against you for the relief demanded in the 
complaint.

W ILLIAM J. O’CONNOR,
Clerk,

By MINNIE PEARL VOX,
Deputy Clerk.

(Seal)

Date: February 21, 1961.

Marshal's Return on Service of Writ.

Received this writ at Mobile, Ala., on 2-21-61 and on 
2-24-61 executed as follows: Served Theodore B. Pearson 
as Supt. of Education of Washington Co., Ala., by leaving 
a copy with Mrs. Ethel S. Jenkins, his Secretary, at his 
office, Chatom, Ala. Served the Board of Education 
of Washington Co., Ala., by leaving a copy with C. M. 
Frost, Chairman. Service C. M. Frost, as a member of 
the Board of Education of Washington Co., Ala., by 
leaving a copy with him at his home, Rt. 1, Millry, Ala. 
Served Zack T. Dees, as a member of the Board of Educa­



22

tion of Washington Co., Ala., by leaving a copy with 
his wife, at his home, Chatom, Ala. Served J. P. Daugh­
erty, as a member of the Board of Education of Washing­
ton Co., by leaving a copy for him with his wife, at 
his home, McIntosh, Ala. Served C. J. Davidson, as 
a member of the Board of Education of Washington Co., 
Ala., by handing him a copy at his home, Tibby, Ala. 
Served Rufus Dickey, as a member of the Board of 
Washington Co., Ala., by leaving a copy with him at 
Chatom, Ala. Served I. V. Orso, as a Trustee of Reeds 
Chapel School in Washington Co., Ala., by leaving a 
copy with his wife at his home, McIntosh, Ala., R.F.D. 
Served Melton Weaver, as a Trustee of the Reeds Chapel 
School in Washington Co., Ala., by leaving a copy with 
his daughter, Shirley Weaver, at his home, McIntosh, 
Ala., R.F.D. Served Spencer Fields, as a Trustee of 
Reeds Chapel School in Washington Co., Ala., by leaving 
a copy for him with his wife, at his home, McIntosh, Ala., 
R. F. D. Served Minnie Reed, Maggie Jane Orso and 
Viola Snow by personal service at McIntosh, Ala., 
R.F.D. Served Virginia Weaver by leaving a copy for 
her with her son, Roy Weaver, at her home, Rt. 1, 
McIntosh, Ala.

J. L. MAY,
U. S. Marshal,

By D. M. JONES,
Deputv.

Fee $28.00
Exp. 24.30

Total $52.30 

Filed Feb. 28, 1961.



23

MOTION TO DISMISS.

(Title Omitted.)

The Defendants, and each of them, separately and 
severally, move the Court to dismiss the Complaint 
upon the following grounds:

1. The complaint fails to state a claim upon which 
relief can be granted.

2. The Complaint fails to present a substantial 
federal question.

3. The Complaint fails to allege the violation of any 
federally guaranteed right.

4. The Complaint shows on its face that the Plain­
tiffs have failed to exhaust their administrative remedies 
under the State law.

5. The Complaint fails to allege that the Plaintiffs 
have exhausted their remedies in the State courts.

6. The Complaint shows on its face that the Plain­
tiffs’ alleged claims are based on injuries for which a 
State remedy is available.

7. The Complaint shows on its face that the wrongs, 
if any, are subject to redress under State law.

8. The Complaint seeks admission to a school at a 
time other than at the regular period of enrollment, 
which would have the effect of disrupting normal school 
operations.

9. The Complaint fails to allege the specific civil and 
constitutional rights which the Plaintiffs claim to have 
been violated.



24

10. The Court lacks jurisdiction over the subject 
matter.

11. The Court lacks jurisdiction over the persons and 
parties defendant.

12. The matters and facts alleged in the Complaint 
are within the exclusive jurisdiction of state Courts.

13. The Complaint contains no jurisdictional al­
legations.

DENNIS PORTER,
(Dennis Porter),

Attorney for Defendants.

Oral Argument requested.
DENNIS PORTER.

Filed Mar. 13, 1961.

ORDER GRANTING DEFENDANTS’ MOTION 
TO DISMISS COMPLAINT.

(Title Omitted.)

This cause having come on to be heard in open Court 
on the Defendants' motion to dismiss the complaint.

Arguments by Attorneys were heard and the Defend­
ants’ motion to dismiss the complaint was taken under 
submission by the Court.

Now, after consideration thereof,

It Is Ordered by the Court that the Defendants’ motion 
to dismiss the complaint be, and the same hereby is,



25

Granted, and the Plaintiff is hereby allowed Fifteen (15) 
Days within which to amend.

Made at Mobile, Alabama, this the 7th day of July 
A. D., 1961.

DANIEL H. THOMAS,
United States District Judge.

Filed 7th day of July, 1961.

ORDER FINALLY DISMISSING COMPLAINT.

(Title Omitted.)
It appearing to the Court that on the 7th day of July, 

1961, an order was entered herein granting the De­
fendants’ motion to dismiss the complaint and allowing 
the Plaintiff Fifteen (15) Days within which to amend 
the complaint and that more than Forty-three (43) Days 
have elapsed since that time, and the Plaintiff has not 
filed an amended complaint.

For cause shown,

It Is Now Ordered by the Court that this case be, 
and the same hereby is, finally Dismissed.

It Is Further Ordered by the Court that the costs 
herein be, and the same hereby are, taxed against the 
Plaintiff.

Made at Mobile, Alabama, this the 21st day of August 
A. D., 1961.

DANIEL H. THOMAS,
United States District Judge, 

W ILLIAM J. O’CONNOR,
Clerk.

Filed 21st day of August, 1961.



26

NOTICE OF APPEAL.

In the United States District Court for the Southern 
District of Alabama, Southern Division.

Willie M. Reed, by his father and next friend, Wilmer 
Reed, Plaintiff,

vs. Civil Action No. 2549. 
Theodore B. Pearson, as Superintendent of Education of 

Washington County, Alabama, Et Al., Defendants.

Notice is hereby given that Willie M. Reed, by his 
father and next friend, Wilmer Reed, Plaintiff above 
named, hereby appeals to the United States Court of 
Appeals for the Fifth Circuit from the final judgment, 
dismissing the complaint in this cause, entered in this 
action on August 21, 1961.

This 28th day of August, 1961.
GRADY W. HURST, JR., 

Attorney for Appellant, Willie 
M. Reed, by his father and 
next friend, Wilmer Reed.

Grady W. Hurst, Jr.,
Attorney,

P. 0 . Box 331,
Chatom, Alabama.

Filed August 29, 1961.



27

APPEAL BOND.

(Title Omitted.)

Know All Men By These Presents:
That we, Wilmer Reed, and the undersigned sureties 

are held and firmly bound unto the Clerk of the United 
States Court of Appeals for the Fifth Circuit and his 
successors in office in the sum of Two Hundred and Fifty 
Dollars ($250.00) for the payment of which well and 
truly to be made we bind ourselves, and each of us, our 
heirs, executors and administrators, jointly, severally 
and firmly by these presents.

Sealed with our seals and dated this the 28th day of 
August, 1961.

Whereas the plaintiff in the above styled cause has 
given notice of appeal to the United States Court of 
Appeals for the Fifth Circuit from the final judgment of 
dismissal entered in the above styled cause on August 
21, 1961;

Now, therefore, the condition of the foregoing obliga­
tion is such that if the said plaintiff shall pay the cost 
of this appeal if it is dismissed or the judgment affirmed, 
or such cost as the Appellate Court may award if the 
judgment is modified then the said obligation to be 
null and void, otherwise to remain in full force and effect.

W ILM ER M. REED, (Seal)
Wilmer M. Reed),

DANNIE B. REED, (Seal)
(Dannie Belle Reed),

WILLIE M. BURROUGHS, (Seal) 
(Willie M. Burroughs),

ROBERT LEWIS WEAVER, (Seal) 
(Robert Lewis Weaver).

Filed Sep. 7, 1961.



28

Appeal Bond Approved on September 14, 1961.
WILLIAM J. O’CONNOR, 

(William J. O’Connor), 
Clerk.

DESIGNATION OF RECORD.

(Title Omitted.)

Comes now Willie M. Reed, by his father and next 
friend, Wilmer Reed, Appellant, and designates the 
following parts of the record of the pleadings, proceedings 
and orders of the Court in the above styled cause to be 
contained in the record on appeal.

1. The complaint.

2. Motion to dismiss the complaint.

3. Order granting the motion to dismiss the com­
plaint.

4. Final Judgment discussing the complaint.

5. Notice of appeal.

6. Appeal Bond.

7. Designation of record on appeal.
GRADY W. HURST, JR.

(Grady W. Hurst, Jr.),
Attorney for Appellant, Wil­

lie M. Reed, by his father 
and next friend, Wilmer 
Reed.

Filed Aug. 29, 1961.



29

ORDER EXTENDING TIM E FOR FILING AND 
DOCKETING RECORD ON APPEAL.

(Title Omitted.)

For cause shown,

It Is Ordered by the Court that the time for filing and 
docketing the Transcript of Record on Appeal in the 
United States Court of Appeals, Fifth Circuit, in the 
above-styled case be, and the same hereby is, Extended 
to, and including November Twenty-Seventh, (27th), 
1961, under the provisions of Rule 73(g) of the Federal 
Rules of Civil Procedure.

Made at Mobile, Alabama, this the 5th day of October 
A. D., 1961.

Filed Oct. 5, 1961.

DANIEL H. THOMAS,
United States District Judge.



30

CERTIFICATE.

United States of America.

In the United States District Court for the Southern 
District of Alabama.

I, W ILLIAM J. O’CONNOR, Clerk of said Court, 
do hereby certify that the foregoing Thirty-Two (32) 
Pages, numbered One (1) to Thirty-Two (32), both 
inclusive, contain a true and correct Transcript of the 
Record and proceedings had in said Court in the case 
of Willie M. Reed by his father and next friend, Wilmer 
Reed, Plaintiff, versus Theodore B. Pearson, as Super­
intendent of Education of Washington County, Alabama, 
The Board of Education of Washington County, Alabama, 
C. M. Frost, as a member of the Board of Education of 
Washington County, Alabama, Zack T. Dees, as a 
member of the Board of Education of Washington 
County, Alabama, J. P. Daugherty, as a member of the 
Board of Education of Washington County, Alabama, 
C. J. Davidson, as a member of the Board of Education 
of Washington County, Alabama, Rufus Dickey, as a 
member of the Board of Education of Washington 
County, Alabama, I. V. Orso, as a Trustee of Reeds 
Chapel School in Washington County, Alabama, Melton 
Weaver, as a Trustee of Reeds Chapel School in Washing­
ton County, Alabama, Spencer Fields, as a Trustee of 
Reeds Chapel School in Washington County, Alabama, 
Minnie Reed, Maggie Jane Orso, Viola Snow, and 
Virginia Weaver, Defendants, Civil Action File No. 
2549, as fully as the same remain on file and of record 
in my office as such Clerk and in accordance with the 
Designation of Contents of the Record on Appeal filed 
therein.



31

In Witness Whereof, I have hereunto set my hand 
and caused to be affixed the seal of the United States 
District Court for the Southern District of Alabama, at 
Mobile, Alabama, this the 23rd day of October A. D., 
1961.

W ILLIAM J. O’CONNOR, 
(William J. O’Connor),

Clerk, United States District 
Court, Southern District of 

(Seal) Alabama.



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