Lockett v. The Board of Education of Muscogee County School District Record on Appeal

    GEORGE:

Mr. Bell would like to know in re the Columbia, Georgia case:

1. Is the Record ready? ~
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2. Who is going to write the' brief? _ i  a ^ x ^ n  si o^-

3. Has Lawyers Press prepared the Record?-^

4. Is there a due date on the brief? -

5. Please advise Nabrit on all the above.



Ittt&ii States (Emir! of Appeals
F ifth Circuit

No. 21662

Jerry L. L ockett, et al., 

— v.—

Appellants,

B oard of E ducation of Muscogee County 
School D istrict, Georgia, et al.,

Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF GEORGIA

RECORD ON APPEAL



I N D E X

PAGE

Plaintiffs’ Motion for Preliminary Injunction..... .........  11

Answer and Response to Motion for Preliminary In­
junction .............................................    15

Plaintiffs’ Interrogatories ................................................. 24

Answer to Interrogatories ................................................. 32

Transcript of Hearing on April 1, 1964............ ..............  150

Motion to Dismiss Defendants’ Plan ....................... -....  270

Opinion of the District Court dated April 22, 1964 .......  272

Plaintiffs’ Motion to Amend Findings of F a ct..... .........  286

Order on Plaintiffs’ Motion to Amend Findings of Fact, 
dated May 5, 1964 ............................................................  287

Notice of Appeal by Plaintiffs.... ......................................  291

Plaintiffs’ Designation of the R ecord...............................  292

Complaint ....... ............. ................................. — ..........  1



Complaint

Filed January 13, 1964 

In the

Mnxtzb States lintrirt (Unwt
F ob the Middle D istrict oe Georgia 

Columbus D ivision

J anis A. B ryan and Deirdre I. Bryan, minors, by Helen 
M. B ryan, their mother and next friend, and J erry L. 
L ockett, Gwendolyn L ockett and J im H. L ockett, Jr., 
minors, by A rmanda L ockett, their mother and next 
friend,

Plaintiffs,

B oard of E ducation of Muscogee County School D istrict, 
Georgia; B bice Carson, Director of Personnel, James 
Y. Moultrie, Director of Instruction, Nathan P atter­
son, Supervisor of Special Services, and G. Nathan 
H unter, Treasurer, Members of the Board of Educa­
tion of Muscogee County, Georgia; and W illiam Henry 
Shaw , Superintendent of Education of Muscogee 
County, Georgia;

Defendants.

1.

The jurisdiction of this court is invoked pursuant to the 
provisions of Title 28, United States Code, Section 1343 
(3), this being a suit in equity, authorized by law, Title 42, 
United States Code, Section 1983, to be commenced by any 
citizen of the United States or other person within the 
jurisdiction thereof to redress the deprivation, under color



2

of statute, ordinance, regulation, custom or usage of a state, 
of rights, privileges and immunities secured by the Consti­
tution and laws of the United States. The rights, priv­
ileges and immunities sought to be secured by this action 
are rights, privileges and immunities secured by the due 
process and equal protection clauses of the Fourteenth 
Amendment to the Constitution of the United States, as 
hereinafter more fully appears.

2.

This is a proceeding for a preliminary and permanent 
injunction enjoining the Board of Education of Muscogee 
County School District, Georgia, its members and the 
Superintendent of Education, William Henry Shaw, from 
continuing their policy, practice, custom and usage of 
operating a dual school system in Muscogee County, 
Georgia, based wholly on the race and color of children 
attending schools in said county.

3.

The plaintiffs in this case are Janis A. Bryan and 
Deirdre I. Bryan, minors, by Helen M. Bryan, their mother 
and next friend and Jerry L. Lockett, Gwendolyn Lockett 
and Jim H. Lockett, Jr., minors, by Armanda Lockett, their 
mother and next friend. Plaintiffs are all members of the 
Negro race and bring this action on their own behalf and 
on behalf of all other Negro children and their parents in 
Muscogee County who are similarly situated and affected 
by the policy, practice, custom and usage complained of 
herein. Plaintiffs are all citizens of the United States and 
the State of Georgia, residing in Muscogee County, 
Georgia. The minor plaintiffs and other minor Negro

Complaint



3

children similarly situated are eligible to attend the public 
schools of Muscogee County which are under the jurisdic­
tion, management and control of the defendants, but from 
which the plaintiff and all other Negro children similarly 
situated have been segregated because of their race pur­
suant to the policy, practice, custom and usage of the de­
fendants. The members of the class on behalf of whom 
plaintiffs sue are so numerous as to make it impracticable 
to bring them all individually before this Court, but there 
are common questions of law and fact involved, common 
grievances arising out of common wrongs and common re­
lief is sought for each member of the class. The plaintiffs 
fairly and adequately represent the interests of the class.

4.

The defendants in this case are the Muscogee County 
Board of Education, a public body corporate organized 
and existing under the laws of the State of Georgia; Brice 
Carson, Director of Personnel, James Y. Moultrie, Director 
of Instruction, Nathan Patterson, Supervisor of Special 
Services, and G. Nathan Hunter, Treasurer, members of 
said Board; and William Henry Shaw, Superintendent of 
Education. The defendant Board, acting pursuant to the 
direction and authority contained in the State’s constitu­
tional provisions and statutes, maintains and generally 
supervises the public schools in Muscogee County, Georgia. 
The members of said Board are officers and agents of the 
State of Georgia enforcing and exercising state laws and 
policies. Defendant William Henry Shaw, as the Superin­
tendent of the Muscogee County Schools, is the chief ad­
ministrative officer of said Board.

Complaint



4

5.

Plaintiffs allege that the defendants, acting under color 
of the authority vested in them by the laws of the State of 
Georgia, have pursued and are presently pursuing a policy, 
custom, practice and usage ;of operating the public school 
system of Muscogee County, Georgia, on a basis that dis­
criminates against plaintiffs and other Negroes similarly 
situated because of race or color, to w it:

(a) Defendants operate and maintain a superior public 
school system for whites which consists of approximately 
forty-one white schools. Schools in said system are limited 
to attendance by white students only and are staffed solely 
by white teachers, white principals, and other white pro­
fessional personnel. Said white schools are located in vari­
ous parts of Muscogee County, Georgia and regardless of 
location, the schools may be attended by white children 
only.

(b) Defendants operate and maintain an inferior school 
system for Negroes which consists of approximately 
eighteen Negro schools. Schools in said system are limited 
to attendance by Negro students only and are staffed solely 
by Negro teachers, Negro principals, and other Negro pro­
fessional personnel. Said Negro schools are likewise located 
in various parts of Muscogee County, Georgia and regard­
less of location, these schools may be attended by Negro 
children only.

(c) Defendants maintain and operate dual school zones 
and attendance areas for white and Negro pupils. These 
lines overlap where Negro and white school children reside 
in the same residential area. Certain Negro elementary 
schools “ feed into” the Negro junior high schools and the

Complaint



5

Negro junior high schools “ feed into” certain Negro high 
schools. The same “ feeder school” system is applicable in 
the case of white schools. All initial assignments of children 
to these schools are made on the basis of the dual zone 
lines and the discriminatory racial assignments are there­
after perpetuated by the dual feeder system.

(d) Teachers, principals, and other professional per­
sonnel are assigned by the defendant Board on the basis 
of race so that Negro educational personnel are assigned 
solely to Negro schools and white educational personnel 
are assigned solely to white schools.

(e) The superior educational programs of the white 
schools are administered and supervised separately by 
white personnel and the inferior educational programs of 
the Negro schools are administered and supervised sepa­
rately by Negro personnel.

(f) Bus transportation is provided on a racially segre­
gated basis as well as all extra-curricular activities.

6.

Plaintiffs allege that all of the defendants’ budgets relat­
ing to the operation of the schools contain racial designa­
tions based on the fact that there is in operation a com­
pulsory biracial school system. All new school construction 
plans proposed, adopted and executed by defendants are 
based upon the fact that there is in operation a compulsory 
biracial system of schools. All funds appropriated and ex­
pended by defendants are also appropriated and expended 
by defendants separately for Negro schools and white 
schools.

Complaint



6

7.

The defendant Board on several occasions has been 
placed on notice that plaintiffs and members of their class 
wish to have the Muscogee County public schools desegre­
gated in accordance with the Supreme Court’s school de­
segregation decision of 1954.

Complaint

8.

Plaintiffs have attempted to enroll their children in white 
schools but their efforts have been answered by the insist­
ence of the defendants that the schools be operated on a 
segregated basis.

(a) Plaintiff Helen M. Bryan attempted to register her 
daughter Deirdre I. Bryan in Baker High School, a white 
school, but was told by Mr. Kirby, the principal, that her 
daughter could not be enrolled because the school was not 
yet integrated.

(b) The said Helen M. Bryan also attempted to obtain 
the permission of Mr. Charleston, the principal of the 
Negro High School, to transfer her daughter, plaintiff 
Deirdre I. Bryan, to Baker High School, but this was de­
nied at the direction of the defendant Superintendent of 
Schools, William Henry Shaw.

(c) Mr. Bryan, father of the plaintiffs Janis A. Bryan 
and Deirdre I. Bryan, wrote to the Board of Education 
seeking enrollment for his daughters in white schools. The 
defendant Superintendent of Education, William Henry 
Shaw, replied in a letter dated August 30, 1963, that the 
schools would remain on a segregated basis during the cur­
rent academic year.



7

9.

Plaintiffs and other Negro citizens have made every ef­
fort, as set forth above, to communicate their dissatisfac­
tion with segregated schools to the defendant Board but to 
no avail. Indeed, the defendant Board is now on record as 
opposing any desegregation of the Muscogee County public 
schools and refusing to initiate desegregation unless such 
action is required by order of the federal courts.

10.

Plaintiffs allege that the policy, custom, practice and 
usage of the defendant Board in requiring the minor plain­
tiffs and other Negro children similarly situated to attend 
racially segregated schools in Muscogee County violates 
rights secured to plaintiffs and others similarly situated by 
the equal protection and due process clauses of the Four­
teenth Amendment to the Constitution of the United States 
and Title 42, United States Code, Section 1983.

11 .

Plaintiffs and those similarly situated have suffered and 
will continue to suffer irreparable injury and harm caused 
by the acts of the defendants complained of herein. Plain­
tiffs have no plain, adequate or complete remedy to redress 
these wrongs other than this suit for injunctive relief. Any 
other remedy would be attended by such uncertainties and 
delays as to deny substantial relief, would involve a multi­
plicity of suits, cause further irreparable injury and occa­
sion damage, vexation and inconvenience to the plaintiffs 
and those similarly situated.

Complaint



8

W h e r e f o r e , plaintiffs respectfully pray that this Court 
advance this cause on the docket and order a speedy hear­
ing of this action according to law and after such hearing 
enter a preliminary injunction enjoining defendants, and 
their agents, employees, successors, and all persons in ac­
tive concert and participation with them:

1. From operating a compulsory biracial school system 
in Muscogee County, Georgia;

2. From refusing to admit plaintiffs and others similarly 
situated to schools heretofore limited to white persons 
beginning with the second semester of the 1963-64 
school year;

3. From continuing to maintain a dual scheme or pattern 
of school zone lines or attendance area lines based on 
race and color;

4. From assigning pupils to schools in Muscogee 
County, Georgia on the basis of the race and color of 
the pupils;

5. From maintaining the ‘‘feeder system” based on race, 
so that plaintiffs and members of the class may not be 
barred from being promoted to or transferred to the 
schools they would attend if they were white;

6. From assigning teachers, principals, and other pro­
fessional school personnel to the schools of Muscogee 
County, Georgia, on the basis of the race and color of 
the person to be assigned and the race and color of 
the children attending the school to which such per­
sonnel is to be assigned;

7. From approving budgets, making available funds, ap­
proving employment and construction contracts, and

Complaint



9

approving policies, curricula and programs which are 
designed to perpetuate or maintain or support com­
pulsory racially segregated schools;

8. From limiting participation in extra-curricular activi­
ties to one or the other race exclusively;

9. From making any other racial distinction in regard to 
the operation of the Muscogee County, Georgia school 
system.

In the alternative, plaintiffs pray that this court enter a 
decree directing defendants to present a complete plan, 
within a period of time to be determined by this court, for 
the reorganization of the entire school system of Muscogee 
County, Georgia into a unitary nonracial system, which 
plan shall include provision for the assignment of children 
on a nonracial basis; the assignment of teachers, princi­
pals, and other professional school personnel on a nonra­
cial basis; the drawing of school zone or attendance area 
lines on a nonracial basis; the allotment of funds, the con­
struction of schools, the approval of budgets on a nonracial 
basis; and the elimination of any other discrimination in 
the operation of the school system or in the school curricula 
which is based solely on race and color. Plaintiffs pray that 
if this court directs defendants to produce a desegregation 
plan, this court will retain jurisdiction of this case pending 
court approval and full and complete implementation of 
defendants’ plan.

Plaintiffs pray that after a final hearing in this case, this 
court will enter a permanent injunction similarly enjoin­
ing the defendants, their agents, employees, successors, and 
all other persons in active concert and participation with 
them.

Complaint



10

Complaint

Plaintiffs pray that this court will allow them their costs 
herein, reasonable attorney’s fees, and grant such further, 
other, additional or alternative relief as may appear to the 
court to be equitable and just.

D onald L. H ollowell
869% Hunter Street, N.W. 
Atlanta, Georgia

Constance Baker Motley
George Smith

10 Columbus Circle 
New York, New York

Attorneys for Plaintiffs



11

In the

UNITED STATES DISTRICT COURT 

F or the Middle D istrict of Georgia 

Columbus D ivision

Filed January 13,1964 

[Caption Omitted]

Plaintiffs move this court for a preliminary injunction, 
pending the final disposition of this cause, and as grounds 
therefor rely upon the allegations of their complaint and 
show the following:

1. Plaintiffs continue to be assigned and forced to attend 
racially segregated schools operated by the defendants 
pursuant to state policy, practice, custom, and usage as set 
forth in the complaint.

2. Plaintiffs’ constitutional rights are violated by such 
assignment and attendance at racially segregated schools.

3. Plaintiffs and other Negro citizens have petitioned 
the defendants in vain to initiate desegregation of the Mus­
cogee County public schools in compliance with the United 
States Supreme Court school desegregation decision of 
1954.

4. Defendants are now on record as favoring the main­
tenance of segregated schools, notwithstanding the decision 
of the United States Supreme Court in 1954, and have given 
notice that they will not initiate desegregation during the 
current academic year.

Plaintiffs’ Motion for Preliminary Injunction



12

5. Plaintiffs are irreparably harmed by the defendant 
Board’s continued failure either to desegregate the public 
schools under its jurisdiction or submit a plan for the reor­
ganization of said school system on a unitary non-racial 
basis.

6. The issuance of a preliminary injunction herein will 
not cause undue inconvenience or loss to the defendants.

W herefore, plaintiffs respectfully pray that this Court 
advance this cause on the docket and order a speedy hear­
ing of this action according to law and after such hearing 
enter a preliminary injunction enjoining defendants, and 
their agents, employees, successors, and all persons in ac­
tive concert and participation with them:

1. From operating a compulsory biracial school system 
in Muscogee County, Georgia;

2. From refusing to admit plaintiffs and others similarly 
situated to schools heretofore limited to white persons 
beginning with the second semester of the 1963-64 
school year;

3. From continuing to maintain a dual scheme or pattern 
of school zone lines or attendance area lines based on 
race and color;

4. From assigning pupils to schools in Muscogee Coun­
ty, Georgia on the basis of the race and color of the 
pupils;

5. From maintaining the “ feeder system” based on race, 
so that plaintiffs and members of the class may not be 
barred from being promoted to or transferred to the 
schools they would attend if they were white;

Plaintiffs’ Motion for Preliminary Injunction



13

6. From assigning teachers, principals, and other pro­
fessional school personnel to the schools of Muscogee 
County, Georgia on the basis of race and color of the 
person to be assigned and the race and color of the 
children attending the school to which such personnel 
is to be assigned;

7. From approving budgets, making available funds, ap­
proving employment and construction contracts, and 
approving policies, curricula and programs which are 
designed to perpetuate or maintain or support com­
pulsory racially segregated schools;

8. From limiting participation in extra-curricula activi­
ties to one or the other race exclusively;

9. From making any other racial distinction in regard 
to the operation of the Muscogee County, Georgia 
school system.

In the alternative, plaintiffs pray that this court enter a 
decree directing defendants to present a complete plan, 
within a period of time to be determined by this court, for 
the reorganization of the entire school system of Muscogee 
County, Georgia into a unitary nonracial system, which 
plan shall include provision for the assignment of children 
on a nonracial basis; the assignment of teachers, princi­
pals, and other professional school personnel on a nonracial 
basis; the drawing of school zone or attendance area lines 
on a nonracial basis; the allotment of funds, the construc­
tion of schools, the approval of budgets on a nonracial 
basis; and the elimination of any other discrimination in 
the operation of the school system or in the school curricula 
which is based solely on race and color. Plaintiffs pray that

Plaintiffs’ Motion for Preliminary Injunction



14

Plaintiffs' Motion for Preliminary Injunction

if this court directs defendants to produce a desegregation 
plan that this court will retain jurisdiction of this case 
pending court approval and full and complete implementa­
tion of defendants’ plan.

D onald L. H ollowell
85914 Hunter Street, N.W. 
Atlanta, Georgia

Constance Baker Motley 
George Smith

10 Columbus Circle 
New York 19, New York

Attorneys for Plaintiffs



15

1st the

UNITED STATES DISTRICT COURT 

F oe the Middle D istrict of Georgia 

Columbus D ivision 

Filed: February 5, 1964

[Caption Omitted]

Now come the Defendants in the above stated case and 
answer the complaint of the Plaintiffs and respond to the 
motion for temporary injunction as follows :

1.

Defendants admit the jurisdiction of the Court as alleged 
in Paragraph 1 of the complaint.

2.

Defendants admit that Plaintiffs’ complaint is a proceed­
ing for a preliminary and permanent injunction but deny 
Plaintiffs have any just cause for relief as prayed.

3.

Defendants deny Paragraph 3 of said complaint as al­
leged but admit that the Plaintiffs in this case are Janis A. 
Bryan and Deirdre I. Bryan, and Jerry L. Lockett, Gwen­
dolyn Lockett and Jim H. Lockett, Jr., minors. Defendants 
admit that all of the Plaintiffs are members of the Negro 
race and bring this action on their own behalf and on behalf 
of all other Negro children who are similarly situated. De­
fendants deny that all of the Plaintiffs reside in Muscogee 
County, Georgia, but admit that all are citizens of the 
United States and some of them are now residents of the

Defendants’ Answer to Plaintiffs’ Complaint and
Response to Motion for Preliminary Injunction



16

State of Georgia. Defendants deny that all of the Plaintiffs 
are eligible to attend the public schools of Muscogee Coun­
ty, Georgia, and deny that the present policy, practice, cus­
toms and usages of Defendants would prevent all Negro 
children from attending integrated classes. Defendants 
further allege that Defendants have adopted in good faith 
a comprehensive plan to desegregate the public schools of 
Muscogee County, which plan was adopted on September 
16, 1963, a copy of said plan being hereto attached, marked 
Exhibit “ A ” and made a part of this answer.

4.

Defendants admit Paragraph 4 of said complaint.

5.

Defendants deny Paragraph 5 of the complaint as alleged 
but admit that, prior to September, 1963, Defendants main­
tained and operated separate schools and facilities for 
Negro and white pupils. Defendants further allege that on 
August 20, 1963, the School Board of Muscogee County 
adopted a resolution integrating the public libraries of the 
Muscogee County School System and, beginning with said 
Pall term of 1963, commenced to have integrated meetings 
of all the principals of said schools.

In answer to Subparagraph (a) of Paragraph 5 of said 
complaint, Defendants admit that they operate and main­
tain forty-one superior white schools heretofore staffed 
solely by white teachers, white principals and white profes­
sional personnel and attended by white children only.

Further answering Subparagraph (b) of Paragraph 5, 
Defendants deny that they operate and maintain an inferior 
school system for Negroes but admit that they operate

Defendants’ Answer to Plaintiffs’ Complaint and
Response to Motion for Preliminary Injunction



17

eighteen superior Negro schools equal to the white schools 
operated by the Defendants and that said schools have here­
tofore been limited to attendance by Negro students and 
staffed solely by Negro teachers, Negro principals and 
other Negro professional personnel.

Further answering Subparagraph (c) of Paragraph 5, 
Defendants deny said paragraph as alleged but admit that 
each of the elementary schools maintained by it have a de­
fined attendance area and that certain Negro elementary 
schools feed into certain Negro junior high schools, and 
certain Negro junior high schools feed into certain Negro 
senior high schools, and the same feeder system applies to 
the white elementary schools and the white junior high 
schools.

Defendants admit Subparagraph (d) of Paragraph 5 of 
said complaint.

Defendants deny Subparagraph (e) of Paragraph 5 of 
said complaint but admit that the white schools operated by 
it have been administered and supervised by white person­
nel and that the Negro schools have been heretofore admin­
istered and supervised by Negro personnel.

Defendants admit Subparagraph (f) of Paragraph 5 of 
said complaint.

Further answering Paragraph 5, Defendants respect­
fully show that they have adopted a comprehensive plan to 
desegregate all of the public schools of Muscogee County 
with all deliberate speed and in the best interest of all of 
the pupils of said School System.

6.

Defendants deny Paragraph 6 of said Complaint but 
admit that certain schools have heretofore been planned 
and constructed for occupation by white children and cer­
tain schools for occupation by Negro children.

Defendants’ Ansiver to Plaintiffs’ Complaint and
Response to Motion for Preliminary Injunction



18

7.
Defendants deny Paragraph 7 of said complaint but 

admit that a parent of the Bryan children did apply to the 
principal of Baker High School to admit the Bryan children 
to said school and that Sgt. Louis E. Bryan, the father of 
■Janis and Deirdre Bryan, did, on August 29, 1963, write 
a letter to Dr. William Henry Shaw, Superintendent of 
Education of Muscogee County Schools, requesting that said 
children be admitted to Baker High School. Defendants 
deny that any of the Lockett children or their parents have 
requested assignment to any white school.

In further answer, Defendants show that they have on 
several occasions conferred with certain prominent mem­
bers of the Negro race of Muscogee County regarding de­
segregation of the public schools and its plan for accom­
plishing that purpose.

Defendants’ Answer to Plaintiffs’ Complaint and
Response to Motion for Preliminary Injunction

8.

Defendants deny Paragraph 8 of said complaint as al­
leged, except as admitted in Paragraph 7 hereof. Defen­
dants admit that the Superintendent of Education, Dr. W il­
liam Henry Shaw, replied to the letter written by Sgt. 
Bryan to the effect that the schools would remain segre­
gated during the 1963-64 school year.

9.

Defendants deny Paragraph 9 of said complaint.

10.

In answer to Paragraph 10 of said complaint, Defendants 
say that they have adopted a plan of desegregating the



19

schools of Muscogee County, Georgia which will be in com­
pliance with the constitutional provisions set forth in Para­
graph 10, and the decisions of the Court construing such 
provisions.

11.

Defendants deny Paragraph 11 of said complaint.

Further answering said complaint, Defendants have in 
good faith adopted said plan to desegregate the schools of 
said County with all deliberate speed and request this 
Court to approve said plan and to exercise its continued 
jurisdiction and guidance in the operation and administra­
tion of said plan.

Further answering said complaint, Defendants show that 
the plan of Defendants to desegregate the schools of Mus­
cogee County is a prompt and reasonable start toward de­
segregation and there is no necessity for the issuance of an 
injunction as prayed.

W herefore, these Defendants pray that the relief sought 
by the Plaintiffs be denied and that they be discharged with 
their reasonable costs.

H atcher, Stubbs, L and & R othschild 

Attorneys for the Defendants
Address:

P. 0. Box 469 
Columbus, Georgia

Defendants’ Answer to Plaintiffs’ Complaint and
Response to Motion for Preliminary Injunction



20

A P lan to D esegregate the S chools oe the Muscogee 
County School D istrict, Georgia

I.
The Board of Education of the Muscogee County School 

District, in continuation of its efforts to eliminate, with all 
deliberate speed, discrimination because of race or color 
between the pupils of the school district, hereby declares 
that it will begin to desegregate the schools of the Mus­
cogee County School District by starting in September, 
1964, with the twelfth grade, and the Board of Education 
will desegregate one lower grade each succeeding year until 
desegregation shall have been accomplished throughout the 
school district.

II.

The Board of Education maintains that the best interests 
of the citizens of Muscogee County School District will pre­
vail when the Board controls the assignment of pupils to 
the various school plants and facilities. The Superinten­
dent of Education is hereby directed to continue the main­
tenance of school attendance areas for each school by 
keeping a map and word description of each attendance 
area. The Board of Education will continue its long estab­
lished policy of assignment of pupils to attendance areas in 
the Muscogee County School District in order to preserve 
the orderly process of administering public education.

III.

Pupils shall attend the school within the attendance area 
in which they reside, but transfers, upon the written re­
quest of a pupil and his parents or his legal guardian or

EXHIBIT “A”



21

upon the discretion of the Superintendent of Education, 
may be made, without regard to race or color, whenever it 
is in the interest of the pupil or the efficient administration 
of the Muscogee County School District.

IV.

The Board of Education hereby establishes February 
1-15, 1964, as the period in which to receive written appli­
cations from pupils and parents or legal guardians for 
transfers and reassignments to the twelfth grade of a high 
school other than the one to which the pupil is currently 
assigned in the Muscogee County School District. The 
written applications setting forth reasons for transfers and 
reassignments will be evaluated and either approved or re­
jected by the Superintendent of Education no later than 
April 1, 1964, and written notice mailed to parents at the 
address shown on written application no later than three 
days after the decision by the Superintendent of Educa­
tion. The pupil and parents or legal guardian may appeal 
in writing the decision of the Superintendent of Education 
no later than the regular April meeting of the Board of 
Education. The final decision of the Board of Education 
will be made no later than May 1, 1964, and the pupil and 
parents or legal guardian will be given written notice at 
the address shown on written application of the decision by 
the Board of Education within fifteen days.

V.

The Board of Education will consider written applica­
tions for transfers and reassignments for new pupils mov­
ing into the school district after February 15, 1964, no 
later than August 1, 1964. All pupils must accept the origi­
nal assignment to the school within the attendance area in

Exhibit “A ”



22

Exhibit “A ”

which the pupil resides, but will be permitted to file written 
application for transfer and reassignment by the Super­
intendent of Education.

VI.

All newcomers moving into the Muscogee County School 
District after August 1, 1964, must register and attend the 
school in the attendance area in which they reside, but may 
file written application with the 'Superintendent of Educa­
tion for transfer and reassignment to the twelfth grade of 
another school. Such written applications will be processed 
as expeditiously as possible by the Superintendent of Edu­
cation.

VII.

All hardship cases, upon written application and full ex­
planation of the facts in the case, will be given full and 
sympathetic consideration by the Superintendent of Educa­
tion and the Board of Education.

VIII.

In the administration of this plan the Superintendent of 
Education is directed to take into consideration all criteria 
that may affect the best interest and welfare of the pupils 
and the efficient administration of public education in the 
Muscogee County School District, but no consideration 
shall be given to the race or color of any pupil.

IX.

The same procedure for filing written applications for 
transfers and reassignments and approving or rejecting 
such written applications for transfers and reassignments 
will prevail in 1965 and each year thereafter as outlined for 
the school year beginning September, 1964.



23

X.

The Board of Education, in its discretion, may revise, 
change, or amend these rules and regulations or any one 
of them.

Muscogee County School District 
Columbus, Georgia

September 12,1963
Columbus, Georgia 
February 8th, 1964

Exhibit “A ”

I, J. Madden Hatcher, certify that I am of counsel for 
the Defendants in the foregoing case and that I have this 
day served the foregoing answer to complaint and response 
to motion upon the Plaintiffs by placing copies thereof in 
sealed wrappers, with postage prepaid, addressed to Don­
ald L. Hollowell, 8691/2 Hunter Street, N. W., Atlanta, 
Georgia, and Constance Baker Motley and George Smith, 
10 Columbus Circle, New York, New York, attorneys for 
the Plaintiffs, and depositing them in a United States mail­
box.

J. Madden H atcher



24

I n  t h e

UNITED STATES DISTRICT COURT 

F or the Middle D istrict of Georgia 

Columbus D ivision 

Filed: March 5,1964

[Caption Omitted]

T o : J. Madden Hatcher 
P .O .B ox  469 
Columbus, Georgia 
Attorney for Defendants

Plaintiffs request that the defendants, Board of Educa­
tion of Muscogee County School District, Georgia; Brice 
Carson, Director of Personnel; James Y. Moultrie, Direc­
tor of Instruction; Nathan Patterson, Supervisor of Spe­
cial Services, and G. Nathan Hunter, Treasurer, Members 
of the Board of Education of Muscogee County, Georgia; 
and William Henry Shaw, Superintendent of Education of 
Muscogee County, Georgia, by an officer or agent thereof, 
answer under oath in accordance with Rule 33, Federal 
Rules of Civil Procedure, the following interrogatories: 1

1. List for each public school operated by the defendant 
Board the following:

a. Grades served by each school during 1963-64 school 
term;

b. Planned pupil capacity of each school;

c. Number of white pupils in attendance at school in 
each grade level as of most recent date for which figures 
are available for 1963-64 term;

Plaintiffs’ Interrogatories



25

d. Number of Negro pupils in attendance at school in 
each grade level as of most recent date for which figures 
are available for 1963-64 term;

e. Number of Negro teachers and other administrative 
or professional personnel and the number of white teachers, 
etc., employed at each school during 1963-64 school term;

f. Pupil-teacher ratio at each school during 1963-64 
school term (most recent available figures);

g. Average class size for each school during 1963-64 
school term (most recent available figures).

2. List the data requested in interrogatory numbered 
1 (a) through (g) above, with respect to the forthcoming 
1964-65 school term, giving the best available estimates or 
projections if no precise data is available and stating how 
such estimates and projections were made.

3. Furnish a map or maps indicating the attendance 
areas served by each school in the system during the 
1963-64 term, and for the 1964-65 term. If no such map or 
maps can be furnished, state where such maps or other de­
scriptions of the attendance areas may be found, and in­
spected.

4. State the number of Negro pupils and the number of 
white pupils, by grade level, residing in each attendance 
area established by the school board during the 1963-64 
school term. Give the same information for the 1964-65 
school term, and if definite figures are unavailable, give the 
best projections or estimates available, stating the basis for 
any such estimates or projections.

Plaintiffs’ Interrogatories



26

5. State whether any pupils are transported by school 
buses to schools within the city, and if there are any, give 
the total number of pupils so transported, by race, during 
the 1963-64 term and the estimated number by race for the 
1964-65 term.

6. State with respect to the 1963-64 term, the total num­
ber of white pupils who reside in the attendance area of an 
all-Negro school, but were in attendance at an all-white or 
predominantly white school. Indicate with respect to such 
pupils, the following:

a. Number, by grade, residing in each Negro school at­
tendance area;

b. Schools actually attended by such pupils in each 
Negro school attendance area.

7. List the names of all Negro pupils now still attending 
the school system who have made requests for assignment 
or reassignment to attend all-white or predominantly white 
schools in the system from 1959 to date, but who are still 
attending all-Negro schools, and furnish with respect to 
each such pupil the following information:

a. School and grade attended during 1963-64 term;

b. School and grade of initial assignment made or to be 
made for 1964-65 term;

c. Date of request or requests for assignment or reas­
signment to white school, and school requested if given;

d. Date requests denied and reasons for denial of re­
quests.

8. State the total number of Negro pupils who have been 
or will be initially assigned to attend all-white or predomi­

Plaintiffs’ Interrogatories



27

nantly white schools for the first time during the 1964-65 
school term. Give a breakdown of this total by schools and 
grades.

9. State the total number of Negro pupils who have been 
in attendance at predominantly white schools during the 
1964-65 school term and who will be or have been initially 
assigned to attend predominantly white schools during the 
1964-65 term. Give a breakdown of this total by schools and 
grades.

10. State the total number of white pupils who have been 
or will be initially assigned to attend formerly all-Negro 
schools for the first time during the 1964-65 school term. 
Give a breakdown of this total by schools and grades.

11. If there are any pupils mentioned in response to in­
terrogatory number 10 above, state the number of such 
pupils who have been or will be reassigned to all-white or 
predominantly white schools for the 1964-65 term.

12. State the number of white pupils and the number of 
Negro pupils, by school and grade, who were required to 
attend school for less than a regular school day because of 
overcrowding or double shifts during the 1963-64 term. 
Give projections or estimates of the same data for the 
1964-65 term.

13. State, by school, the number of classrooms which 
were unused for regular classroom purposes or any other 
purposes during the 1963-64 term. State the number of 
such rooms expected to be unutilized during the 1964-65 
term.

Plaintiffs’ Interrogatories



Plaintiffs’ Interrogatories

14. State whether during the 1964-65 term it was neces­
sary at any schools to utilize for classroom purposes any 
areas not primarily intended for such use, such as library 
areas, teachers lounges, cafeterias, gymnasiums, etc. I f so, 
list the schools and facilities so utilized. Give similar in­
formation for the 1964-65 school term.

15. State whether a program or course in Distributive 
Education is offered in the school system and if so at what 
schools it is offered.

16. Furnish a statement of the curriculum offered at 
each junior high school and each high school in the system 
during the 1964-65 term.

17. Furnish a list of the courses of instruction, if any, 
which are available to seventh grade students who attend 
junior high schools in the system but are not available to 
those seventh grade pupils assigned to elementary schools.

18. State whether any summer school programs operated 
by the school system have been operated on a desegregated 
basis with Negro and white pupils attending the same 
classes.

19. -State with respect to any new school construction 
which is now contemplated, the following with respect to 
each such project:

a. location of contemplated school or addition;

b. size of school, number of classrooms, grades to be 
served, and projected capacity;

c. estimated date of completion and occupancy;



29

d. number of Negro pupils and white pupils attending 
grades to be served by school who reside in existing or 
projected attendance area for such school.

20. If children are not assigned to and/or transferred to 
or from schools on the basis of school zones or some other 
geographic standard, describe in detail the standards em­
ployed to determine assignment and/or transfer and the 
manner in which said standards are administered.

21. Attach or state any official announcements or resolu­
tions made or adopted by defendants pertaining to desegre­
gation of the public schools since the 1954 Supreme Court 
decision.

22. Attach or state any rules and regulations pertaining 
to assignment and transfer of pupils presently in force.

23. State what, if anything, has been done by the defen­
dants and by each of them in the way of initiating nonsegre­
gation and bringing about the elimination of racial segrega­
tion in the public schools under the jurisdiction of defen­
dants.

24. What obstacles, if any, are there which will prevent 
the complete desegregation of the school system under the 
jurisdiction of defendants at the beginning of the 1964-65 
school year.

25. State with respect to each of the minor plaintiffs 
named in this suit the following information:

a. School and grade to which now assigned;

b. Nearest all-Negro school to residence serving plain­
tiff’s grade level;

Plaintiffs’ Interrogatories



30

c. Nearest all-white school to residence serving plain­
tiff’s grade level.

26. State any courses, programs or facilities, if any, 
which are available at schools attended by whites only 
which are not available at schools attended by Negroes 
only.

Plaintiffs’ Interrogatories

27. State whether there is any differential in the per 
capita expenditures for Negro and white students. If so, 
state the differential involved.

28. State the date (month, day, year) on which initial 
assignment of pupils was made for the 1962-63 term and 
the 1963-64 term.

P lease take notice that a copy of such answers must be 
served upon the undersigned within fifteen (15) days after 
service.

Dated: March 3,1964.

D onald L. H ollowell

859% Hunter St., N. W.
Atlanta, Georgia 30314

Constance Baker Motley 
George Smith

10 Columbus Circle 
New York 19, New York

Attorneys for Plaintiffs



31

Certificate of Service

In the

UNITED STATES DISTRICT COURT 

F oe the M iddle D istrict of Georgia 

Columbus D ivision 

Civil Action No.........

Janis A. B ryan and Deirdre I. B ryan, minors, by Helen H. 
Bryan, their mother and next friend, et al.,

v.
Plaintiffs,

B oard of E ducation of Muscogee County School D istrict,
Georgia, et al.,

Defendants.

This is to certify that on the 3rd day of February, 1964, 
I served a copy of the foregoing, Interrogatories, upon J. 
Madden Hatcher, Esq., P. 0. Box 469, Columbus, Georgia, 
attorney for defendants, by depositing a true copy of same, 
addressed to him as indicated, in the United States Mail, 
airmail, postage prepaid.

Donald L. H ollowell 
Attorney for Plaintiffs



32

I n the

UNITED STATES DISTRICT COURT 

F oe the M iddle D isteict oe Geobgia 

Columbus D ivision 

Filed: March 18,1964

[Caption Omitted]

Answers of defendants, Board of Education of Muscogee 
County School District, Georgia; Brice Carson, Director 
of Personnel; Janies Y. Moultrie, Director of Instruction; 
Nathan Patterson, Supervisor of Special Services, and G. 
Nathan Hunter, Treasurer, Members of the Board of Edu­
cation of Muscogee County, Georgia; and William Henry 
Shaw, Superintendent of Education of Muscogee County, 
Georgia, to the interrogatories served by plaintiffs by mail 
on March 3, 1964, upon counsel for defendants.

Interrogatory No. 1. The information requested in this 
interrogatory is set forth and answered on the attached 
Exhibit “A ” , which by reference is incorporated herein.

Interrogatory No. 2. The information requested in this 
interrogatory is set forth and answered on the attached 
Exhibit “ B ” , which by reference is incorporated herein.

Interrogatory No. 3. The information requested in this 
interrogatory is set forth and answered on the attached 
Exhibit “ C” , which by reference is incorporated herein.

Interrogatory No. 4. The information requested in this 
interrogatory is set forth and answered on the attached 
Exhibit “ D” , which by reference is incorporated herein.

Interrogatory No. 5. The state rules and regulations for 
transporting pupils are observed by the Muscogee County

Answers to Interrogatories



33

School District. All junior and senior high school pupils 
who live more than one and one-half miles from the school 
and all elementary pupils who live more than one mile are 
transported to the assigned school. The Muscogee County 
School District embraces the entire Muscogee County of 
220 square miles. The city limits do not have any effect on 
the transportation of pupils. As of January 30, 1964, there 
were 5,335 white pupils eligible for transportation and 
there were 2,182 Negro pupils eligible for transportation, 
for a total of 7,517 pupils. There are 40 white bus drivers 
and 22 Negro bus drivers, for a total of 62.

Interrogatory No. 6. (a) None.
(b) None.

Answers to Interrogatories

Interrogatory No. 7. (a)

Mary Ann Comer 11th Grade Spencer High School 1963-64
Diane Carol Birckhead 11th Grade Spencer High School 1963-64
Robert James Leonard 11th Grade Spencer High School 1963-64
Sandra Faye Liggett 11th Grade Carver High School 1963-64

(b)
Mary Ann Comer 12th Grade Columbus High School 1964-65
Diane Carol Birckhead 12th Grade Baker High School 1964-65
Robert James Leonard 12th Grade Baker High School 1964-65
Sandra Faye Liggett 12th Grade Baker High School 1964-65

(c) Requests for reassignment of four students listed 
under 7-(b) to white schools were received as follows:

Mary Ann Comer filed application on February 7, 1964, 
for transfer from the eleventh grade at Spencer High 
School to the twelfth grade at Columbus High School 
for 1964-65.



34

Diane Carol Birckhead filed application on February 
7,1964, for transfer from the eleventh grade at Spencer 
High School to the twelfth grade at Baker High School 
for 1964-65.

Robert James Leonard filed application on February 
10, 1964, for transfer from the eleventh grade at 
Spencer High School to the twelfth grade at Baker 
High School for 1964-65.

Sandra Faye Liggett filed application on February 14, 
1964, for transfer from the eleventh grade at Carver 
High School to the twelfth grade at Baker High School 
for 1964-65.

(d) All four requests for transfer for reassignment were 
granted.

Interrogatory No. 8. Mary Ann Comer—Initially as­
signed to attend all-white Columbus High School twelfth 
grade for the first time in 1964-65 school term.

Diane Carol Birckhead—Initially assigned to attend all- 
white Baker High School twelfth grade for the first time 
in 1964-65 school term.

Robert James Leonard—Initially assigned to attend all- 
white Baker High School twelfth grade for the first time 
in 1964-65 school term.

Sandra Faye Liggett—Initially assigned to attend all- 
white Baker High 'School twelfth grade for the first time 
in 1964-65 school term.

Interrogatory No. 9. One twelfth grade Negro pupil has 
been assigned to Columbus High School for the 1964-65 
school term, and three twelfth grade Negro pupils have

Answers to Interrogatories



35

been assigned to Baker High School for the 1964-65 school 
term.

Interrogatory No. 10. There were no white pupils who 
requested or who have been assigned to attend formerly 
all-Negro schools for the first time in 1964-65.

Interrogatory No. 11. Four eleventh grade white pupils, 
who formerly attended all white schools, have requested 
transfers to different all-white schools in Muscogee County 
for the school term 1964-65.

Interrogatory No. 12. The information requested in this 
interrogatory is set forth and answered on the attached Ex­
hibit “ E ”, showing double sessions, which by reference is 
incorporated herein. It is predicted that there will be 3,500 
in double sessions for 1964-65; however, it is impossible at 
this time to know where the additional pupils will locate 
in the school attendance areas.

Interrogatory No. 13. There are no unused classrooms 
for regular school purposes during the 1963-64 school term. 
It is not expected that there will be any vacant classrooms 
for regular school work during the 1964-65 school term.

Interrogatory No. 14. It is to be expected that some 
spaces which were not intended for regular classrooms, 
such as libraries and other special rooms, will be utilized 
for classroom space during 1964-65. It is not joossible to 
predict the exact situation which will prevail in 1964-65 at 
this time.

Interrogatory No. 15. Distributive Education is offered 
at Jordan Vocational High School and Spencer High 
School.

Interrogatory No. 16. The information requested in this 
interrogatory is set forth and answered on the attached

Answers to Interrogatories



36

Exhibit “ F ” , High School Course of Study Graduation Re­
quirements for 1963, which by reference is incorporated 
herein.

Interrogatory No. 17. The required courses for 7th and 
8th graders are the same regardless of whether they are 
housed in an elementary school or a junior high school. 
However, in some instances, elective courses offered are 
not as broad for 7th graders housed in elementary schools 
as for those housed in junior high schools. This depends 
largely upon the size of the school, the talents of the faculty, 
and the needs of the community. As an illustration, Mamie 
Mathews School offers home economics to 7th graders 
whereas Brown Avenue School does not offer this course. 
Attached is a list of courses of instruction in the 7th grade, 
marked Exhibit “ Gf” , which by reference is incorporated 
herein.

Interrogatory No. 18. The Muscogee County School Dis­
trict has not operated any summer school for Negro and 
white pupils on a desegregated basis.

Interrogatory No. 19. The information requested in this 
interrogatory is set forth and answered on the attached 
Exhibit “ H” , which by reference is incorporated herein.

Interrogatory No. 20. The pupils in the Muscogee 
County School District are assigned to attendance areas 
in the elementary schools. Upon leaving the elementary 
schools, they are assigned to attend certain junior high 
schools. Upon graduation from the junior high schools, 
they are given a choice of either three white high schools or 
two Negro high schools. Beginning with September, 1964, 
all twelfth grade pupils have been given a choice of attend­
ing any one of the five high schools.

Answers to Interrogatories



37

Interrogatory No. 21. (a) On July 17, 1963, the Board 
of Education adopted the following resolution:

“ Resolved, that a committee of five (5) members of the 
Board of Education be appointed to formulate a plan 
to integrate the public schools and libraries of the 
Muscogee County School District, and to submit said 
plan to the Board of Education for consideration and 
determination not later than its next regular meeting.”

(b) On August 20, 1963, the Board of Education adopted 
the following resolution:

“ The Special Committee after careful consideration and 
consultation with representative responsible adult citi­
zens of both races and upon study of court decisions 
of the U. S. Supreme Court has reached the conclusion 
that the Board of Education should act on the public 
libraries and the public schools as separate entities 
in order to serve the best interests of the citizens of 
this community.

“ Therefore, as Chairman of the Sjjecial Committee ap­
pointed by President Kinnett on July 17, 1963, I pre­
sent the following resolution on public libraries which 
the Special Committee unanimously recommends for 
adoption by the Board of Education at this called 
meeting of all Board Members:

“Resolved, that the public libraries of Muscogee County 
School District be opened to all citizens of this County 
and that the Director of Libraries beginning Septem­
ber 1, 1963, first receive applications for new library 
cards from the present holders of library cards; and, 
it is requested that all present library card holders 
in good standing who desire new cards for another

Answers to Interrogatories



38

library apply for card applications at the library where 
they now have membership, and that the new applica­
tion bear the approval and recommendation of the ad­
ministrator of the library where the new applications 
are being made.

“ Be it further resolved, that due to the heavy work load 
involved in this change of policy that new applications 
for library cards will be accepted after the applications 
of current card holders in good standing have been 
processed.

“ Mr. T. Hiram Stanley, Chairman
“ Mr. Joe W. Blackmon
“ Mr. J. W. Feighner
“ Mr. David Rothschild, II
“ Mrs. Joseph J. Spano
“Mr. Wm. Henry Shaw
“ Mr. John R. Kinnett, Ex Officio”

(c) On August 20, 1963, the Board of Education adopted 
the following resolution:

“ The Special Committee of the Muscogee County 
School District is currently in the midst of detailing 
a plan for implementation of the U. S. Supreme Court 
decision of May 17, 1954. Realizing that this change 
of policy will require much adjusting of the thinking 
of all citizens in the school district, the members of 
the committee have reached the unanimous opinion 
that full and successful acceptance of this change of 
policy will not be attained without ample time for 
planning with professional employees, parents and 
students. Therefore, the members of the Special Com­
mittee recommend the adoption of the following reso­
lution :

Answers to Interrogatories



39

“Resolved, that the Board of Education of the Mus­
cogee County School District begin no later than Sep­
tember, 1964 to implement in the Muscogee County 
schools the decision of the United States Supreme 
Court of May 17, 1954.

“Mr. T. Hiram Stanley, Chairman
“Mr. Joe W. Blackmon
“ Mr. J. W. Feighner
“ Mr. David Rothschild, II
“ Mrs. Joseph J. Spano
“ Mr. Wm. Henry Shaw
“ Mr. John R. Kinnett, Ex Officio”

(d) On August 20, 1963, the President of the Board of 
Education issued the following statement:

“ The members of the School Board recognize that the 
implementation of the Supreme Court decision of 
1954 relative to the change in the policy of the opera­
tion of public schools in Muscogee County requires 
the cooperation of both races. The Board recognizes 
that time, patience, and understanding will be neces­
sary in order that the Board may bring forth a plan 
that is practical and which will serve the best inter­
ests of all citizens in Muscogee County. Though the 
Board of Education is legally responsible for the op­
eration of the public schools of Muscogee County 
School District, the Board hopes that all citizens will 
give full cooperation to the members of the Board of 
Education as they plan this vital change.

“ Mr. John R. Kinnett, Sr., President 
“Mr. T. Hiram Stanley, 1st Vice-President 
“Mr. Joe W. Blackmon, 2nd Vice President

Answers to Interrogatories



40

“ Mr. Cecil W. Anthony 
“Mr. Elmer D. Finck 
“Mr. J. W. Feighner 
“ Mrs. John P. Illges, Jr.
“ Mr. Louis C. Kunze, Sr.
“ Dr. John T. Miller 
“Dr. S. A. Roddenbery 
“ Mr. David Rothschild, II 
“ Mrs. Joseph J. Spano 
“ Mr. J. Ellis Swint 
“ Mr. R. Spencer Waddell 
“ Mr. C. Cody White 
“ Mr. Wm. Henry Shaw, Secretary and 

Superintendent of Education 
“ Mr. G. Nathan Hunter, Treasurer 
“Mr. J. Madden Hatcher, School Attorney”

(e) On September 16, 1963, the Board of Education 
adopted a plan for desegregation of the Muscogee County 
School District. This plan is set forth in the attached Ex­
hibit “ I ” , which by reference is incorporated herein.

Interrogatory No. 22. The Rules and Regulations of the 
Board of Education dated September, 1960, contains two 
rules pertaining to assignment and transfer of pupils. 
They are as follows:

Rule 56, page 9, “ Equalized Grades.”

“ The Superintendent shall equalize numerically, as 
nearly as possible, all grades of the same rank.”

Rule 96, page 14, “ Transfers.”

“ Pupils must attend school within the prescribed school 
limits, but whenever the room or the school to which

Answers to Interrogatories



41

the pupil belongs is overcrowded, they may be trans­
ferred to another room or another school by the super­
intendent.”

Interrogatory No. 23. (a) Desegregated the school prin­
cipals’ meetings on August 23, 1963.

(b) On September 1, 1963, desegregated the public li­
braries.

(c) On September 16, 1963, adopted plan for desegrega­
tion of schools beginning at the twelfth, grade level in 1964.

(d) February 1-15, 1964, received applications for trans­
fers from the eleventh grade to the twelfth grade in 1964-65.

(e) On March 12, 1964, the Manpower Development Job 
Training Class, Project #208, was desegregated—16 white 
and 4 Negro students, for a total of 20 students.

Interrogatory No. 24. We believe that it is the duty of 
the Muscogee County Board of Education to give each child 
in its schools the best education which it can provide with 
the funds and facilities available to it.

We believe that it is the duty of the Board to complete 
the desegregation of the schools in the County as soon as 
reasonably possible without disrupting and seriously inter­
fering with the education which it provides.

We believe that complete desegregation of all classes in 
the System at one time or during one year would produce 
chaos and seriously impair the education of each child in 
this community.

There are many problems relating to housing, transpor­
tation, and administration— some of which will require time 
to solve and work out in an efficient manner. Besides these

Answers to Interrogatories



42

problems, it is well known that there is a reluctance on the 
part of the children to attend integrated classes.

It has been a long and universal custom in the South to 
provide separate schools for the white and Negro children. 
To suddenly abandon this way of life and to provide inte­
grated classes for all the children would produce chaos and 
would so injure the feelings and physical well-being of the 
children as to practically destroy or lessen their desire and 
ability to learn and to study.

We believe, if all people in this community had a common 
desire to desegregate the public school system of this 
County and there was no community hostility whatsoever, 
it would still require many years of gradual, persistent, 
and continuous effort to achieve complete desegregation 
without causing irreparable injury to the quality of public 
education in this County.

Interrogatory No. 25. (a) Deirdre I. Bryan and Janis 
Bryan have not been enrolled in the Muscogee County 
School District during the 1963-64 school term. They re­
sided on the Fort Benning Reservation until January, 1964, 
and according to most recent information from Post offi­
cials, they moved from the Post sometime between January 
20 and January 30,1964.

Jerry L. Lockett is currently assigned to the tenth grade 
at Spencer High School.

Gwendolyn Lockett is currently assigned to the eighth 
grade at Marshall Junior High School.

Jim H. Lockett is currently assigned to the seventh grade 
at Marshall Junior High School.

(b) Marshall Junior High School and Spencer High 
School are the nearest schools to the residences of Jerry L., 
Gwendolyn, and Jim H. Lockett.

Answers to Interrogatories



43

(c) Eddy Junior High School and Baker High School 
are the nearest all-white schools to the residences of Jerry 
L., Gwendolyn, and Jim H. Lockett.

Interrogatory No. 26. All courses offered in the Musco­
gee County School District are available to pupils in both 
the white and Negro schools, depending upon whether suffi­
cient number signed for the course to justify giving the 
course in a particular school.

Interrogatory No. 27. The financial records are not main­
tained on a Negro-white basis. There is no differential in 
the pupil expenditure for Negroes and whites in the school 
district.

Interrogatory No. 28. The initial assignment of pupils 
is made at the time they first enter a Muscogee County 
school. Registrations of all pupils were held on August 29 
and 30, 1962, for the term 1962-63, and August 28 and 29, 
1963, for the term 1963-64.

The within and foregoing answers to the interrogatories 
are made on behalf of the defendants by William Henry 
Shaw, Superintendent of Education, of Muscogee County 
School District, an authorized officer and agent thereof, 
who being sworn deposes and says on oath that such an­
swers are true and correct.

W illiam H enry Shaw

Answers to Interrogatories

Sworn to and subscribed before the 
undersigned officer duly authorized to 
administer oaths, on this 18th day 
of March, 1964.

Catherine W . M iles
Notary Public, Muscogee County, Georgia.



44

Answers to Interrogatories 

CERTIFICATE OF SERVICE

I, A. J. L and, of counsel for the defendants, hereby cer­
tify that I have this day served Donald L. Hollowell, attor­
ney for the plaintiffs, with the answers of the defendants to 
the interrogatories propounded by plaintiffs, by mailing a 
true and exact copy thereof to him at 859% Hunter Street, 
N. W., Atlanta, Georgia 30314, with postage thereon pre­
paid, on this the 18th day of March, 1964.

A. J. L and

Of Counsel for Defendants.



Question  1

Name of School
1-a

Grades
1-b

Capacity
l-c&d

Enro1lment
1-e

Professional
Staff

1 -f
Pupil-
Teacher
Ratio

1-g
Average
Class
Size

Arnold Jr. High (W) 3-9 600 832 34 24.5 27.7
Balter High (W) 9-12 1,072 2,465 104 23.7 24.9
Beallwood (\J) K- 7 300 480 15 32.0 34.8
Benning liiils  (l.) K-6 430 567 18 31.5 33.3
Bibb City ('7) K-8 42b 425 15 28.3 30.4
Brcwn Avenue ( ; ) K-7 420 548 17 32.2 34.3
■Carver Elementary (N) K-7 930 1,317 39 33.8 35.6
Carver High (N) 3-12 883 1,361 56 24.3 26.1
Claflin (N) K-6 660 842 26 32.4 35.1
Clubviev; (V I ) K-6 530 674 21 32.1 33.7
Col embus High (W) 9-12 1,000 1,939 79 24.5 26.2
1olumbus J r . High (W) 7-9 550 891 36 24.8 27.8
Cusseta Road (N) K-6 420 604 13 33.6 35.5
Daniel (v?) K-8 700 710 26 27.3 29.5
David (C) K-6 330 478 16 29.9 31.9
"Davis (N) K-6 570 1,018 23 36.3 37.7
Dav;son Drive (N) K-7 300 347 11 31.5 34.7
Double Churches (W) K-7 240 218 9 24.2 27.2
last Highland (VI) K-6 360 418 ■ 13 32.2 34.3
Cast way (Vi). K-7 600 1,035 29 37.4 38.7
Eddy J r . High (VI) 7-8 825 1,222 44 27.8 30.6
Sdgewood (W) K-6 450 747 22 34.0 35.5
f i f th  Avenue (N) K-7 510 649 21 30.9 32.5
"Forrest Road (N) K-7 300 426 14 30.4 32.7
I ox (W) K-6 440 626 19 33.0 34.8
Gentian (H) K-6 330 453 14 32.4 34.9
Harrison Avenue (N) K-6 330 432 14 30.9 34.0
Johnson (W ) K-7 570 745 24 31.0 32.4
Jordan Voc. High (W) 10-12 1,144 1,948 31 24.1 25.6 '
Ke.-’ (1 1 ) K-6 510 856 26 32.9 34.4 i
’ ^nly Taylor (N) K-6 360 476 . 15 31.7 34.0
Marshall Jr. High (N) 7-8 530 871 34 25.6 28.1
Mathews (h) 1-7 300 296 11 26.9 29.6
KcIIhenny (W) K-6 300 391 14 28.0 30.0
Midland ( ’) 1-7 35 113 5 22.6 22.6
Morningside (W) K-7 630 760 23 33.0 34.5
Muscogee (VI) K-6 660 395 26 34.4 35.8
Nankipooh (.?) K-7 270 258 10 25.8 28.7
Pou Street (N) K-6 300 350 11 32.5 35.8
Radcliff (II) K-7 330 517 17 30.4 32.3
Reese Road (W) K-6 830 436 14 31.1 33.5
Richards J r . High (VJ) 7-8 825 1,017 37 27.5 31.5
Rigdon Road (1J) K-6 300 413 13 31.7 34.4
River Road (VJ) K-6 330 380 13 29.2 31.7
Rose Hill (W) K-7 300 332 13 25.5 29.3
Ro3cmont (VJ) K-7 330 565 13 31.4 33.2
St. Elmo (!■)) K-6 360 557 17 33.8 34.8



45

EXH IBIT “ A ”



46

Exhibit “A ”

(See opposite) ISP=



Question 1 Continued--

1-a 1-b
heme or School Grades Capacity

St. Harys ('I) K-6 450
• Second Avenue (N) K-7 210
S o u t h  C o  lunar s (■•,’) K-6 720

_":per.cer High (A) 9-12 857
Lh 1 rtieth Avenue ( 'i) K-6 270
1 1 L liiiglvurst (U) K-7 390
Waverly Terrace K-7 420
Weens Uoad (VI)* K-7 -

Wesley Heights (v)* K - 6 -

Winter!iela (w) K - 6 450
Wood ( ?) K - 6 262
Woodall ('•;) K-7 330
Wynnton ('.) K-7 690

CO - White Schools

00 - Negro Schoo Is

*'i'htse sch oo ls  are under co n s tr u ct io n .

l-c<hd
Enrollment

1-e
Professional

Staff

1 -f
Pupil-
Teacher
Ratio

i - s
Average
Class
Size

754 23 32.8 34.6
278 9 31.0 34.8
971 23 34.7 35.9

1,376 56 24.5 26.9
402 13 20.9 33.5
639 19 33.7 35.5
472 15 31.5 33.7

568 17 33.4 35.5
272 1 12 22.7 24.7
386 14 27.6 29.7
939 28 33.5 34.8



47



48

EXH IBIT “ B ”

(See opposite) SSr3



Question 2

Name of School
2-a

Grades
2-b

Capacity
2-c&d

Enrollment
(Includes
Kindergarten)

2-e
Professional

Staff

2 - f
Pupil-
Teacher

Ratio

Average
Clas3
Site

Arnold Jr. High (VJ) 8-9 850 920 35 26.3 29.7
iBaker High (17) 9-12 1,072 2,770 i l l 24.9 26.1
.Bealhrood (VJ) K-7 300 500 16 31.3 33.3
IBenning H ills  (U) K-6 4b0 600 13 33.3 35.3
Bibb City (IJ) K-o 425 435 14 31.0 33.5
Brovm Avenue (IJ) K-7 420 420 15 28.0 30.0
j^arver Elementary (H) K-7 930 1,353 41 33.0 34.7
Qarver High (N) 8-12 883 1,474 59 24.9 27.2
Ciaflin (II) K-6 660 865 27 32.0 34.6
|Club /iew (17) K-6 630 690 20 34.5 36.3
iColumbue High (IJ) 9-12 1,250 2,100 84 25.0 26.6
Columbus Jr. High (VJ) 7-9 550 921 35 26.3 29.7
i€usseta Hoad (II) K-6 42u 630 20 31.5 33.2
iDar.iel (T.7) K-0 700 711 26 27.3 29.6
David (17) K-6 510 550 17 32.4 34.4
►Davis (II) K-6 750 1,050 30 35.0 36.2
•Damson Drive (II) K-7 300 361 11 32.3 36.1
Double Churches (IJ) K-7 240 173 7 24.7 28.8
East Highlands (VJ) K-6 360 414 13 31.8 34.5
Eastuay (IJ) K-7 900 1,035 31 33.0 36.1
Eddy Jr. High (U) 7-8 825 1,320 43 27.5 30.0
Edge-rood (VJ) K-6 450 759 23 33.0 34.5
Fifth Avenue (N) K-7 510 640 20 32.0 33.7
forcest  Road (N) K-7 300 563 13 31.2 33.1
Fo:c (VJ) K-6 440 626 18 34.7 36.8
Gentian (VJ) K-b 330 474 14 33.9 36.5
(Harrison Avenue (H) K-6 330 472 14 33.7 36.3
Johnson (VJ) K-7 570 700 23 30.4 31.3
Jordan Voc. High (W) 10-12 1,144 2,135 85 25.1 26.7
Key (W) K-6 510 910 26 35.0 36.4
■Manly Taylor (N) K-6 360 560 17 32.9 35.0
Marshall Jr. High (N) 7-8 530 953 35 27.2 29.8
Mathews (N) 1-7 300 330 11 30.0 33.0
Mellhenny (VJ) K-6 300 400 14 28.6 30.3
Midland (W) 1-7 05 113 5 22.6 22.6
Korningside (W) K-7 630 635 20 31.7 33.4
Muscogee (VJ) K-6 660 910 27 33.7 35.0
Nankipooh (VJ) K-7 270 275 10 27.5 30.5
Pou Street (II) K-6 300 386 12 32.2 35.1
■Rndcliff (11) K-7 330 555 17 32.6 34.7
Reese Road (VJ) K-6 330 555 17 32.6 34.7
A i c h a i d 3  J r .  H ig h  (VJ) 7-8 025 1,025 38 26.9 30.1
Ki'»don Road (VJ) K-6 300 441 14 31.5 33.9
River Road (W) K-6 510 550 17 32.3 34.4
Rose Hill (IJ) K-7 300 346 12 28 • 8 31.5
iRosemont (U) K-7 330 585 18 32.5 34.4
St. Elmo (VJ) K-6 360 564 17 33.2 35.2



49



50

Exhibit “B”

(See opposite)



Question 2 Continued

Name: o f  S c h o o l
2-a

G ra d e s
2-b

C a p a c i t ;

Q > m ~O v- • 1 it r y s  (17) K -6 6 30
r—4̂  SCO ;1<J; A venue (N) K -7 2 10

South Columbus S l e m .  (50  K-G 7 2 0
-S p e n c e r H ig h  (li) 9 - 1 2 857

-~ T h i r t i e t h  Avenue (71) K -6 270
T i l l  in g h u r s t  (77) K -7 5 1 0
TJaverl y T e r r a c e  ('..') K -7 420
Weems Road (77) K -7 330
I7e 3  l e y H e i g h t s  (IJ) K -6 330
W in t e r f i e l d  (77) K -6 4 5 0
Wood (\n K-fa 2 6 2
W ood si ' CO K -7 330
Wynnto n (77) K -7 c>90

(’./) -  White Schools

(li) - Negro Schools

2-cmd
Enrollment
(Includes
Kindergarten)

2-c
Professional

Staff

2 - f
Pupil-
Teacher

Ratio

2-C
Averagi

Class
S ize

900 27 33.3 34.6
3i6 10 31.6 35.1

1,054 31 34.0 35.1
1,520 61 24.8 26.7

438 14 31.2 33.7
616 13 34.2 36.2
500 15 33.3 35.7
325 11 29.5 32.5
375 12 31.3 34.1
650 20 32.5 34.2
275 12 22.9 25.0
387) 14 27.5 29.7
04b 25 o q a 35.2



51

*



52

EXH IBIT “ C”

DESCRIPTION OF SCHOOL ATTENDANCE AREAS 
FOR 1963-64 AND INSTRUCTIONS TO PARENTS AND 

PUPILS CONCERNING REGISTRATION

MUSCOGEE COUNTY SCHOOL DISTRICT 
Columbus, Georgia

August, 1963

Registration will be held in the Muscogee County School 
District from 9:00 a.m., until 12:00 Noon, on two days, 
Wednesday and Thursday, August 28th and 29th. Junior 
High and High School pupils should read instructions con­
cerning registration for the school which they will attend. 
Students must register in the school in the attendance area 
in which they live.

Pupils will report for classes at 9:00 a.m. on Tuesday, 
September 3rd.

In cases where students desire to attend a different school, 
they must request a transfer at the time of registering at 
the school in their attendance area. Information as to 
whether the transfers will be granted may be obtained 
from the school principal in the home area on Saturday 
morning, August 31st.

Handicapped pupils unable to attend school may enroll 
by telephone in the school in their attendance area. 
Teachers will be assigned to teach physically handicapped 
children who are “homebound.” Parents should request 
this service from the principal of the school in their school 
attendance area at the time of registration.



53

Parents desiring information about enrollment in classes 
for children who are retarded should contact the Guidance 
Center, telephone FA  3-5683, located at 1320 Third Avenue.

Students entering kindergarten must be five years of age 
before December 1st. No exceptions will be made to this 
regulation.

Students entering the first grade must be six years of age 
before December 1st. No exceptions will be made to this 
regulation.

Students of all grades entering the Muscogee County 
School District for the first time must present a birth cer­
tificate. Where the birth certificate is unavailable, report 
to the principal of the school and get permission for tem­
porary enrollment. New pupils must bring a physical ex­
amination certificate. Smallpox and poliomyelitis vaccina­
tions are required. Those children entering school for the 
first time without a record of polio vaccination will be ad­
vised by the principal or teacher at the time of registration 
to go either to their private physician or to the Muscogee 
County Health Department after registration and establish 
a record of vaccination. Booster shots may be obtained 
by students at the Muscogee County Health Department. In 
the case of smallpox vaccination, the scar will be considered 
sufficient evidence of immunization.

All pupils are encouraged to bring their promotion cards 
when enrolling in order to save time and speed up registra­
tion. Where pupils are changing schools in Muscogee 
County, or coming from a school outside the County, they 
must bring their promotion cards so that teachers and 
principals may enter the pupils in the correct grades.

Exhibit “ C”



54

Exhibit “ C”

. T ransportation for eligible pupils will be furnished on 
Thursday, August 29th, from 9:00 a.m., until 12:00 Noon, 
for pupils whose parents are unable to take them to school 
for registration. Pupils should meet the buses where the 
regular stops were made last year.

Buses transporting pupils will use the same routes as 
last year at the beginning of the year until the school 
officials determine the necessary changes. All requests for 
transportation must be given to the school principal or per­
son handling registration at the time of registering on 
Wednesday and Thursday, August 28th and 29th. Pupils 
who expect to ride school buses must apply for transporta­
tion at the time of registration. The registration procedure 
will not be completed for these pupils until proper requests 
for transportation have been made. A  definite procedure 
has been provided to register and certify all pupils entitled 
to ride school buses this year. A school bus pass will be 
issued by each school to pupils certified to ride school 
buses.

Policies for transporting pupils in the Muscogee County 
School District will continue to conform to the State and 
local Boards of Education policies which state that pupils 
will not be transported within a radius of one and one-half 
miles of school. This will apply specifically to the junior 
high and high school pupils in this district. The local 
policy of transporting elementary pupils beyond the one 
mile limit will be continued this year. Transportation is not 
provided for Kindergarten children in Muscogee County 
School District.

High school pupils living north of Bull Creek outside 
the Tillinghurst attendance area and east along Macon 
Road to Upatoi will not be transported to Baker and should



55

begin their high school work at Columbus High School, 
Arnold Junior High School, or Jordan Vocational High 
School.

Pupils living in the Double Churches, Nankipooh, David, 
Midland, Morningside, Gentian, Eosemont, Beallwood, 
Eeese Eoad, Edgewood, and Eiver Eoad attendance areas 
and beginning their high school work should register at 
Jordan High School or Columbus High School in order to 
be transported. Those pupils from these attendance areas 
who are planning to attend Jordan High School should 
register for the ninth grade at Arnold Junior High School.

Pupils are encouraged to register in the high school near­
est them. Public school bus transportation will not be avail­
able for children wTho request attendance at a high school 
outside of their school attendance area. Before beginning 
high school work, pupils are encouraged to select the most 
convenient high school or otherwise make arrangements to 
furnish their own transportation.

High school pupils will return to the high school in which 
they were enrolled last year unless they receive an official 
transfer from the principal of one school to attend another 
school.

A dult E ducation Center—Adults who desire to continue 
their general education may register at the Adult Education 
Center located at 318 Eleventh Street with Mr. J. A. Cald­
well, Director of Vocational Education, on August 28th 
and 29th from 9 a.m. to 4 p.m. Day classes will include 
business subjects, sewing, professional housekeeping, dis­
tributive education, and other special courses which will 
be arranged specifically for housewives. Adult classes will 
be organized in special subjects. Night school registration

Exhibit “ C”



56

will be held on Tuesday, September 3rd, and Thursday, 
September 5th, from 6 to 9 p.m. Classes will be offered in 
business subjects, distributive education and trade exten­
sion.

The adult high school classes will be held at Jordan Voca­
tional High School at night. Married high school students, 
or those who have been married, along with other adults 
planning to continue their high school education at the 
Night High School must register at Jordan Vocational 
High School on August 28th and 29th. The Night Adult 
High School classes for Baker, Jordan, and Columbus 
High will operate four nights per week and will be a part of 
Jordan Vocational High School. Under the Buies and 
Regulations of the Board of Education, whenever students 
marry they are classified as adults and are required to trans­
fer from regular high school to the Adult School provided 
they wish to continue studying toward the high school 
diploma. A  regular high school diploma will be furnished 
students when finishing regular high school subjects in the 
Adult School.

Students who wish to attend school in the Muscogee 
County School District and are not legal residents of Mus­
cogee County will be allowed to enroll in grades Kinder­
garten through twelfth grade provided there is sufficient 
space in the schools. Non-resident pupils, however, will 
be required to pay a tuition of $90.00, payable at the time 
of registration. No refunds will be made after registration.

All high school pupils nineteen years of age or older will 
be required to pay a tuition of $90.00 per year, payable one- 
half at the time of registration and one-half in January 
of the school years 1963-64. The State of Georgia does not 
furnish state aid after pupils reach the age of nineteen.

Exhibit “ C”



57

A rea V ocational-T echnical Schools— The Columbus 
Area Vocational-Technical School is located on Forty-fifth 
Street and River Road (4460 River Road) adjacent to the 
present Daniel Elementary School. Classes will begin 
September 3rd. Prospective students should make applica­
tion immediately with Mr. Jerry M. Richardson, Principal, 
at the school. Information as to courses offered and student 
requirements may be obtained by calling FA  7-1798.

The Muscogee Area Vocational-Technical School is 
located on Courtland Avenue, directly off Forrest Road 
and adjacent to the Forrest Road Elementary School. 
Classes will begin September 3rd. Prospective students 
should make application with Mr. John Smith, Principal, 
at the school on or before September 4th. Information as 
to courses offered and student requirements may be ob­
tained by calling FA  4-3322.

Driver Training will be conducted at East Highlands 
School. Students desiring to take Driver Training educa­
tion will register in the regular high schools for these 
courses and later will be assigned hours and days for the 
classes at East Highlands School. Adults wishing to take 
Driver Training may register at East Highlands School 
and, if sufficient interest is manifested in this program, 
classes for adults may be scheduled after regular school 
hours and on Saturday.

L unch P rogram—The lunch-room in each school will be 
in operation opening day of school. Teachers and pupils 
will be served an attractive and nutritious lunch according 
to the planned schedule in each school. Type “A ” lunches 
as designed by the H. S. Department of Agriculture School 
Lunch Division will be served in all elementary and junior 
high schools. Price of this lunch is thirty cents. Pupils

Exhibit “ C”



58

wishing additional milk may obtain one-half pint for five 
cents. Plate lunches and a la carte service are offered in 
the high schools.

All parents and students are encouraged to read the de­
scription of the school attendance areas in order to be cor­
rectly informed as to the school boundaries and other in­
formation at the time of registering. When in doubt about 
correct procedure for registering pupils, please telephone 
the principal of the nearest school for information. Regis­
tration is for planning and organization purposes only. 
Enrollment in a school is not considered official until regis­
tration is completed and each student is assigned to a school 
and classroom.

School H ours—-The following school hours will be in 
effect for all schools in the Muscogee County School Dis­
trict :

Senior High Schools— 9 :00 a.m. to 3 :40 p.m.
Junior High Schools— 9 :00 a.m. to 3 :30 p.m.
First Grade—9 :00 a.m. to 2 :00 p.m.
Second Grade—9 :00 a.m. to 2 :30 p.m.
All others in elementary grades—9:00 a.m. to 3:00 p.m.
Kindergarten—9 :Q0 a.m. to 12:30 p.m.
Adult Education Day Classes—9 :00 a.m. to 5 :00 p.m.

Night Classes—6:30 p.m. to 9:30 p.m.
Columbus and Muscogee Area Vocational-Technical 

Schools:
Day Classes—8:00 a.m. to 2:30 p.m. for six-hour 

classes.
4 :00 p.m. to 7 :00 p.m. for three-hour 

classes.
Night Classes—7 :00 p.m. to 10:00 p.m.

Exhibit “ 0 ”



59

Exhibit “ C”

Baker H igh School— Victory Highway and Benning 
Drive. Grades nine through twelve. High school pupils 
from Winterfield, Benning Hills, South Columbus, Key, 
Muscogee, Tillinghurst, St. Marys, and East-way attendance 
areas will register and attend Baker High School.

The schedule of registration for Baker High School is as 
follows:

Entering
twelfth grade 9:00 a.m -- 1 :00 p.m. Monday

Entering
eleventh grade 1:00 p.m.--4 :00 p.m. Tuesday

Entering 
tenth grade 9:00 a.m —-3 :00 p.m. Wednesday

Entering 
ninth grade 9:00 a.m —-3 :00 p.m. Thursday

Note: Approximately 150 transported ninth grade pupils 
will be assigned to the old Columbus College building this 
year. These pupils will be considered part of Baker High 
School but will attend their classes at this new location. 
These pupils and all others (grades ninth through twelfth) 
who plan to attend Baker High School will register at 
Baker according to the above schedule.

Columbus H igh School— Cherokee Avenue and Seven­
teenth Street. Grades nine through twelve. (Contract has 
been let and construction work is under way providing ten 
additional classrooms and cafeteria for this school. This 
work should be completed during the school year providing 
a greater capacity for this building. Special arrangements 
will have to be made during this year to carry on the normal 
school program during this construction.)



60

The schedule of registration for Columbus High School 
is as follows:

Entering
twelfth grade 9:00 a.m.— 12:00 Noon Wednesday

Exhibit “ C”

Entering
eleventh grade 1:00 p.m.—4 p.m. Wednesday

Entering 
tenth grade 9:00 a.m.— 12:00 Noon Thursday

Entering 
ninth grade 1:00 p.m.—4:00 p.m. Thursday

Columbus High School will hold four assemblies during 
registration. All pupils in their respective grades are re­
quested to report to Columbus High School for assembly 
as follows:

Entering
twelfth grade Wednesday, August 28th at 9:00 a.m.

Entering
eleventh grade Wednesday, August 28th at 1:00 p.m.

Entering 
tenth grade Thursday, August 29th at 9 :00 a.m.

Entering 
ninth grade Thursday, August 29th at 1 :00 p.m.

All Freshmen will register at Columbus High School 
and will be assigned to the old Columbus College building. 
These pupils will be considered part of Columbus High 
School but will attend their classes at this new location. 
Registration for all ninth through twelfth grade pupils 
who plan to attend Columbus High School will be at Co­
lumbus High according to the above schedule.



61

J ordan V ocational H igh S chool— Howard Avenue at 
Thirty-second Street. Grades ten through twelve.

The schedule of registration for Jordan Vocational High 
School is as follows:

All new pupils are requested to register on Monday, 
August 26th, from 9:00 a.m. to 4:00 p.m.

All other pupils who previously have attended Jordan 
High School are requested to register on Wednesday and 
Thursday, August 28th and 29th, from 9 :00 a.m. to 4 :00 p.m.

Carver H igh School—Eighth Street and Illges Road. 
The Carver High School will include grades eight through 
twelve. Pupils in this area and all pupils in grades eight 
through twelve not assigned to other schools from the 
following areas will attend Carver High School: Radcliff, 
Old Jordan, Biggers, Nances, Warm Springs Road, Fortson, 
Dawson, Baird’s Quarters, Powers Avenue, Forrest Road 
School, Mathews, and Neel’s Village.

The schedule of registration for Carver High School is 
as follows:

All pupils are requested to register on Wednesday and 
Thursday, August 28th and 29th from 9 :00 a.m. to 4 :00 p.m. 
This includes all pupils who plan to attend Carver High. 
Bus transported pupils will be picked up and transported 
to Carver High School on Thursday, August 29th.

Spencer H igh School— Shepherd Drive. The Spencer 
High School will include grades nine through twelve. The 
high school pupils from the following areas will attend 
Spencer High School: Manly Taylor, Fifth Avenue, Sec­
ond Avenue, Davis, Bethel, Cusseta Road, Thirtieth Avenue,

Exhibit “ C”



62

Harrison Avenue, Pou Street, Thirty-eighth Street, and 
Claflin.

The schedule of registration for Spencer High is as 
follows:

All pupils are requested to register on Wednesday and 
Thursday, August 28th and 29th from 9 :00 a.m. to 4 :00 p.m. 
This includes all pupils who plan to attend Spencer High. 
Bus transported pupils will be picked up and transported 
to Spencer High School on Thursday, August 29th.

F ort Benning H igh School P upils living on Fort 
Benning Military Reservation will register and attend 
schools in Muscogee County under same arrangement as 
last year. Pupils must present to the principal an “ Ap­
proval Slip” as issued by school officer at Fort Benning. 
Please see list of high schools and schedules for registering. 
High school pupils will attend the F ive high schools in 
Muscogee County School District as shown above.

Note: Pupils who are enrolling in junior high schools 
and did not attend a school in the Muscogee County School 
District last year, or who are enrolling in the Muscogee 
County School District for the first time and are scheduled 
to attend a junior high school are requested to register at 
their respective junior high school from 9 :00 a.m. until 
12:00 Noon, Monday, August 26th. (T he Columbus Junior 
H igh School W ill R egister Students on W ednesday and 
T hursday Only.)

A rnold J unior H igh School—Fifty-first Street and 
Twenty-first Avenue. Grades eight and nine. Those pupils 
living in the Johnson School attendance area living on the 
north side and north of Thirty-fifth Street from Hamilton

Exhibit “ C”



63

Exhibit “ C”

Road to Warm Springs Road, and west along Warm 
Springs Road to Woodruff Road will register at Arnold 
Junior High School. The eighth and ninth grade pupils 
in the following school attendance areas will register at 
Arnold Junior High School: Double Churches, Nankipooh, 
Midland, David, Morningside, and Rosemont. The ninth 
grade pupils from Daniel School attendance area will reg­
ister at Arnold Junior High School, also the ninth graders 
from River Road and Beallwood Schools. (Contract has 
been let and work is in progress on a ten classroom addi­
tion at this school. Work should be completed on this 
addition during the school year increasing the capacity of 
this building.)

Columbus J unior H igh School— Twenty-ninth Street 
and Eleventh Avenue. Grades seven through nine. The 
seventh grade pupils will attend Columbus Junior High 
School from Mcllhenny, Edwina Wood, and East High­
lands. The seventh grade pupils from Fox will attend 
Daniel School. (R egistration Days A re W ednesday and 
T hursday, A ugust 28th and 29th , Only.)

Those pupils in the eighth and ninth grades living in the 
Johnson School attendance area and on the south side and 
south of Thirty-fifth Street from Hamilton Road to Warm 
Springs Road and along the east side of Warm Springs 
Road to Hilton Avenue will register at Columbus Junior 
High School. Eighth and ninth grade pupils from the 
following school attendance areas will register at Columbus 
Junior High School: Fox, Johnson (south of Thirty-fifth 
Street), Mcllhenny, Rose Hill, Waverly Terrace, Woodall, 
Edwina Wood, and East Highlands. Ninth grade pupils 
from Bibb City will register at Columbus Junior High 
School.



64

Exhibit “ C”

Pupils entering ninth grade from Gentian, Reese Road, 
Clubview, and Edgewood may select either Arnold Junior 
High School or Columbus High School.

E ddy J unior H igh School—Lumpkin Road and Ormond 
Drive. Grades seven and eight. The seventh and eighth 
grade pupils in the following school attendance areas will 
register at Eddy Junior High School: South Columbus, 
Key, Benning Hills, Muscogee, Winterfield and St. Marys. 
The eighth grade pupils in the following school attendance 
areas will register at Eddy Junior High: Eastway, St. 
Marys, and Tillinghurst, and Brown Avenue eighth graders 
living south of the viaduct, “ Overflow” of Eastway seventh 
graders will attend Tillinghurst and Eddy Junior High 
Schools.

Pupils formerly enrolled and having finished eighth grade 
at Eddy Junior High School who plan to attend Baker 
High School should register at Baker High.

R ichards Junior H igh School— Edgewood Road and 
Sue Mack Drive. Grades seven and eight. The seventh and 
eighth grade pupils from the following school attendance 
areas will register at the Richards Junior High School: 
Clubview, Edgewood, Gentian, Reese Road, Rigdon Road, 
St. Elmo, Wynnton, and the eighth grade pupils in the 
Brown Avenue attendance area living on the north side 
of the Brown Avenue viaduct.

(The seventh grade pupils living in the Brown Avenue 
attendance area on the south side of the Brown Avenue 
viaduct will register at Brown Avenue School. The eighth 
grade pupils living on the south side of the Brown Avenue 
viaduct will register at Eddy Junior High School.)



65

Exhibit “ C”

Marshall J unior H igh S chool— Tenth Avenue and 
Eighth Street. The Marshall Junior High School will in­
clude grades seven and eight. The seventh and eighth grade 
pupils from the following schools will report to Marshall 
Junior High School: Fifth Avenue, Second Avenue, Manly 
Taylor, Davis, Claflin, Pou Street, Harrison Avenue, Cus- 
seta Road, Bethel, and Thirtieth Avenue.

Special classes for older seventh and eighth grade chil­
dren will be organized at Marshall Junior High School. 
(Architectural plans and specifications are being prepared 
for a ten classroom addition to this building. Schedule 
calls for letting the contract for this construction during 
the school year. These additional rooms may be completed 
before the end of the school year.)

B eallwood School—Kindergarten through seventh grade. 
Beginning at Hamilton Road, west along Forty-seventh 
Street, but not including any pupils on Forty-seventh 
Street, to Central of Georgia Railroad; north to a point 
directly south of the intersection of Fiftieth Street and 
Abbott Avenue, north on Abbott Avenue to 1959 City 
Limit, Morris Avenue and Alice Drive area, including the 
Winwood Subdivision, to Central of Georgia Railroad; east 
from the Central of Georgia Railroad to intersection of 
Whitesville and Hamilton Roads; south including all of 
Hamilton Road to Forty-seventh Street, point of beginning.

The seventh grade “ overflow” will be assigned after reg­
istration to Daniel School.

Those living in the section marked “ Harrison Avenue-A 
and C” will report to the Harrison Avenue School.

The eighth grade students in this area, except for “ Harri­
son Avenue-A and C” , will report to Daniel School.



66

The ninth grade students in this area, except for “ Har­
rison Avenue-A and C” , will report to Arnold Junior High 
School.

B enning H ills School— Kindergarten through sixth 
grade. The Benning Hills School is bound on the south 
and west by Victory Highway; on the northwest by the 
Fort Benning Railroad, Levy Road, Benning Road to 
Ridgeway Drive; on the north by the Muscogee and Cusseta 
Road School attendance areas; and on the east by the Fort 
Benning Reservation.

Seventh and eighth grade pupils will register at Eddy 
Junior High School. Ninth grade pupils will register at 
Baker High School.

B ibb City S chool— Kindergarten through eighth grade. 
All of Bibb City and the area outside of Bibb City bound 
by Forty-fifth Street on the north, by the middle of Sixth 
Avenue on the east, by the north side of Thirty-eighth 
Street on the south and the Bibb City limits, and on the 
west by the Chattahoochee River are included in this at­
tendance area.

Ninth grade pupils will attend Columbus Junior High 
School.

Pupils from this area will register for high school at 
Jordan Vocational High School or Columbus High School.

B rown A venue School— Kindergarten through seventh 
grade. Beginning at Brown Avenue and Brookhaven Road, 
north to Seventh Street including pupils on the west side 
of Brown Avenue living on Seventh Street, and Seventh 
Street Circle, east to south side of Paris Drive and Brown

Exhibit “ C”



67

Avenue; east including all of Amos Street to Coolidge 
Avenue; from the end of Amos Street thence south to the 
intersection of Heard Street and Lawyers Lane. South 
along the east side of Lawyers Lane in a direct line to 
Clover Lane and Mellon Street; along the north side of 
Twenty-fifth Avenue to Cusseta Road, not including any 
pupils on Twenty-fifth Avenue; southwest to the intersec­
tion of Twenty-seventh Avenue and Lumpkin Road; west 
to Weracoba Creek, including all pupils on Lumpkin Court, 
Thornton Drive, and Kendrick Avenue; northwest along 
Weracoba Creek to branch north of Andrews Circle; thence 
east to the Central of Georgia Railroad; west to Brown 
Avenue and north to Brookhaven Road, and point of begin­
ning.

“ Overflow” students (seventh graders) assigned to Eddy 
Junior High from Winterfield attendance area will attend 
Brown Avenue School.

Eighth grade pupils living on the south side of the 
Brown Avenue viaduct will register at Eddy Junior High 
School, and those living on the north side of the viaduct 
will register at Richards Junior High School.

Where an “ overflow” exists in any particular grade, 
pupils between Winterfield and Brown Avenue will be 
transferred to either school by the principals to “ even-up” 
the grades.

Clubview S chool—Kindergarten through sixth grade. 
Beginning on Macon Road and Cross Country Shopping 
Plaza, west to Twenty-first Street; west not including 
Twenty-first Street to Hilton Avenue; north along Hilton 
Avenue to the Southern Railroad; east along Southern 
Railroad to Lindsey Creek; south along Lindsey Creek to

Exhibit “ C”



68

Exhibit “ C”

south boundary of Columbus College; east along south 
boundary of Columbus College to College Avenue, and 
south including all of College Avenue to Carden Drive 
and Norris Road; south on Norris Road to Macon Road; 
southwest on Macon Road to Cross Country Shopping Cen­
ter and point of beginning. (Contract has been let and con­
struction is now under way for a four classroom addition 
to this school. Work on this addition should be completed 
within three months providing additional capacity for this 
school. Double sessions will be required in Kindergarten 
and First Grades beginning September and until the newr 
classrooms have been completed.)

Seventh and eighth grade pupils will register at Rich­
ards Junior High School.

Ninth grade pupils will register at Columbus High 
School or Arnold Junior High School.

Daniel School— Kindergarten through eighth grade. 
Beginning at the Central of Georgia Railroad, east includ­
ing Forty-seventh Street to the southern boundary of Har­
rison Avenue-A attendance area, thence east to Hamilton 
Road; south including Hamilton Road to Forty-fifth Street; 
south along Hamilton Road to Thirty-ninth Street includ­
ing pupils living on the west side of Hamilton Road; west, 
including Thirty-ninth Street to River Road and Central 
of Georgia Railroad; north along Central of Georgia Rail­
road to Apex Road; west on Apex Road to Sixth Avenue; 
north on Sixth Avenue to Forty-fifth Street; east on 
Forty-fifth Street to Central of Georgia Railroad and point 
of beginning. All seventh grade pupils from David, Fox, 
and River Road Schools, and the “ overflow” seventh 
graders from Morningside School will attend Daniel School



69

in the seventh grade. Eighth grade pupils who attended 
seventh grade at Daniel School last year and who live in 
the Daniel School attendance area will register at Daniel 
School.

Ninth grade pupils will register at Arnold Junior High 
School. High school pupils, grades ten through twelve, 
from this area will attend Jordan Vocational High or Co­
lumbus High Schools.

David S chool— Kindergarten through sixth grade. Be­
ginning on the Hamilton Road at the Airport Road in­
cluding Kingston Subdivision, north along Hamilton Road 
to Wliitesville Road; north along Whitesville Road to the 
Central of Georgia Railroad; northeast along Central of 
Georgia Railroad near the intersection of Whitlesey Road 
and Hamilton Road; east to the east side of Sunshine 
Acres; south to the center of Mariner Drive to Britt David 
Road to Airport. Pupils living on the east side of Mariner 
Drive and others to the east of this street will attend Morn- 
ingside School. West through the Airport to Armour 
Road; thence west by Simon’s Lake to intersection of 
Hamilton Road and Airport Road which was point of be­
ginning. Weems Road and Sunshine Acres children are 
to continue being transported to Double Churches and will 
register there also. (Plans for a six classroom addition 
have been completed and have been filed with the State 
School Building Authority in Atlanta. Invitations for bids 
have been sent out calling for bids on September 10th. If 
bids are received within the budget for this school project, 
contract will be let as soon after September 10th as pos­
sible by the State School Building Authority. Under these 
circumstances, addition could be completed during the 
school year providing additional capacity for the students

Exhibit “ C”



70

of the David School. Double session classes will be neces­
sary in several grades until addition has been completed.)

Seventh grade pupils from David attendance area will 
be transported and will register at Daniel School. Trans­
portation will be provided from David School to Daniel 
School until such time as the officials work out details of 
bus route.

Eighth and ninth grade pupils in this area will register 
at Arnold Junior High School.

D ouble Churches School— Kindergarten through sev­
enth grade. Beginning at River Road and Roaring Branch, 
north of the Water Works, west to the Chattahoochee 
R iver; north to the Harris County Line; east along county 
line to Smith Road and Harris County Line; south to the 
intersection of Whitlesey Road and the Central of Georgia 
Railroad; south along Central of Georgia Railroad to a 
point opposite the intersection of Whitesville and Hamil­
ton Roads; west to the intersection of River Road and 
Roaring Branch, point of beginning. Weems Road and 
Sunshine Acres children are to continue being transported 
to Double Churches School and will register there also.

Eighth and ninth grade pupils will attend Arnold Jun­
ior High School. High school pupils, grades ten through 
twelve, are to register and be transported to Jordan High 
or Columbus High Schools.

Note: Plans for a new school on Weems Road have been 
completed. The State School Building Authority has called 
for bids on this project for September 10th. If bids are 
received within the budget for this project, contract will 
be let following the receiving of bids by the State School

Exhibit “ C”



71

Exhibit “ C”

Building Authority permitting construction to begin ap­
proximately on October 1st. This building should be com­
pleted during the 1963-64 school year.

E ast H ighlands School— Kindergarten through sixth 
grade. Beginning at Linwood Boulevard and Tenth Ave­
nue, the line extends due east along the south side of Lin­
wood Boulevard to Fourteenth Avenue; thence northward 
along the middle of Fourteenth Avenue to the north side 
of Twenty-first Street; thence west to the middle of the 
block between Twelfth and Thirteenth Avenues; thence 
north through Twenty-third block to Twenty-fourth Street; 
thence west to the Southern Railroad across Talbotton 
Road through the Peabody Apartments. Include Apart­
ments #310 and #323 to Talbotton Avenue and Ivey 
Street to the east side of Comer Avenue and the Southern 
Railroad; thence south on the east side of the Southern 
Railroad to point of beginning.

Seventh, eighth, and ninth grade pupils will attend the 
Columbus Junior High School.

First grade through sixth grade from Trailer Village 
and Trailer Manor located on Farr Road and Old Cusseta 
Road will register and be transported to East Highlands 
School. Aldridge Quarters will also register and be trans­
ported to East Highlands School. Transportation will 
be available on Thursday, August 29th, for registration. 
Buses will pick up Trailer Village pupils at Farr Road and 
Old Cusseta Road, and Aldridge Quarters children on 
Brennan Road and Aldridge Road. Kindergarten pupils 
may register at St. Marys School. Seventh and eighth 
grade pupils will register at Eddy Junior High School. 
Ninth grade pupils will register at Baker High School.



72

E astway School— Kindergarten through seventh grade. 
Beginning at Paige’s Tourist Court on the Buena Vista 
Road, north to Bull Creek; east along Bull Creek to For­
rest Road; east along Forrest Road to Forrest Road at­
tendance area; south to Carver Park, south to intersection 
of Buena Vista Road and Moye Road; south, including all 
of Moye Road, to Fort Benning Reservation; west along 
Fort Benning Reservation to Steam Mill Road, including 
pupils on Steam Mill Road, to a point one mile east of the 
Tillinghurst School; north to Paige’s Tourist Court on 
Buena Vista Road. (Village area to Dawson Drive.)

Note: All pupils in the Eastway attendance area who 
were transferred and transported to Wynnton, St. Elmo, 
and Rigdon Road Schools are to be registered again in 
the same schools in grades one through six. School buses 
will run on Thursday, August 29th, along the same routes 
of last year to take the pupils back to these schools for reg­
istration if their parents are unable to take them to the 
schools named above for registration on Wednesday, Au­
gust 28th. New pupils in the Eastway attendance area are 
requested to register at Eastway School where transfers 
and assignments will be made as required. Double session 
classes will be required in lower grades this year.

Seventh grade pupils will register at Eastway School 
and the “ overflow” will be assigned to Tillinghurst or 
Eddy Junior High School.

Eighth grade pupils will register at Eddy Junior High 
School.

Ninth grade pupils will register at Baker High School.

Exhibit “ G”



73

(W esley H eights— Contract has been awarded and con­
struction is now under way on a new complete elementary 
school in Wesley Heights. This building is scheduled for 
completion during this school year and will greatly relieve 
the Eastway School. This new building is located near 
Amber Drive and Eastbrook Lane in the Wesley Heights 
subdivision east of Floyd Road.)

E dgewood School—Kindergarten through sixth grade. 
Beginning at the south side of Macon Road and Lindsey 
Creek, south along Lindsey Creek to the Box Plantation; 
east across Box Road to Kay Circle and Catholic School 
property to Sheffield Street; south along the east side of 
Sheffield Street in a direct line to Bull Creek; east along 
Bull Creek to Forrest Road; west along Forrest Road, in­
cluding both sides of Forrest Road, to the east side of 
Roberta Drive; north around Roberta Drive, not including 
any pupils living on Faye Avenue, to Reese Road; north­
west to Avalon Road, not including any pupils on Old 
Macon Road or Yates Drive; north from Avalon Road to 
Macon Road and Cooper Creek; west on Macon Road to 
Cody Road; north on Cody Road to Edgewood Road; west 
on Edgewood Road to Norris Road; south on Norris Road 
to Macon Road; southwest on Macon Road to Lindsey 
Creek and point of beginning.

Seventh and eighth grade pupils will register at Rich­
ards Junior High School. Ninth grade pupils will register 
at Arnold Junior High School or Columbus High School. 
G-rades ten through twelve will register at Columbus High 
or Jordan Vocational High Schools.

Fox School—Kindergarten through sixth grade. Bound­
ed on the north by Thirty-eighth Street and Apex Road

Exhibit “ C”



74

to Central of Georgia Railroad; south on Central of 
Georgia Railroad to Thirty-fifth Street; northeast to 
Thirty-seventh Street; east on Thirty-seventh Street to 
Hamilton Road; south on Hamilton Road to Thirty-third 
Street; west on Thirty-third Street to Central of Georgia 
Railroad; south on Central of Georgia Railroad to Belmont; 
west on Belmont to Thirty-second Street; west along Thirty- 
second Street to Bibb City limits; north along Bibb City 
limits to Thirty-eighth Street and point of beginning.

All of the Luther C. Wilson Housing Project pupils will 
register at the Fox School.

Seventh grade pupils from this area will register at the 
Daniel School.

Eighth and ninth grade pupils will attend Columbus 
Junior High School.

Gentian S chool— Kindergarten through sixth grade. 
Beginning at Warm Springs Road and Lindsey Creek; 
north to the Muscogee County Airport, east along the north 
side of Britt David Road, including pupils on Britt David 
Road and Fortson Lane, east to the Southern Railroad; 
thence northeast along Southern Railroad to Cooper Creek 
Branch; due south from Southern Railroad to Cooper 
Creek; thence along Cooper Creek south to Macon Road 
and Park Hill Cemetery. West along middle of Macon Road 
to Cody Road; north along center of Cody Road to Edge- 
wood Road; thence west along the middle of Edgewood 
Road to Norris Road; thence north along the middle of 
Norris Road to Carden Drive; thence north along College 
Avenue but not including any pupils living on College 
Avenue to the south side of the Columbus College property;

Exhibit “ C”



75

west along the south side of the Columbus College prop­
erty to Lindsey Creek; north along Lindsey Creek to Warm 
Springs Road to point of beginning. New Mohina Woods 
included in this area.

Seventh and eighth grade pupils will register at Richards 
Junior High School.

Ninth grade pupils may report to either Arnold Junior 
High or Columbus High Schools.

J ohnson School— Kindergarten through seventh grade. 
Beginning at Hamilton Road and Forty-third Street; east 
along south boundary of Harrison Avenue to Eighteenth 
Avenue; thence northeast to intersection of the Expressway 
and Woodruff Road; south along the center of Woodruff 
Road across the Warm Springs Highway to the Southern 
Railroad; southwest along Southern Railroad to Fourteenth 
Avenue; north along Fourteenth Avenue to Thirty-second 
Street; thence west including all of Thirty-second Street to 
Hamilton Road; thence north along Hamilton Road to point 
of beginning.

See section on Junior High Schools for assignment of 
pupils for eighth and ninth grades.

K ey School—Kindergarten through sixth grade. 
Located in the South Columbus area on Broadmoor Drive. 
Beginning at the Chattahoochee River directly north of 
Beatrice Avenue, south to Blan Street; east to Howe Ave­
nue, including all pupils living on Blan Street; south on 
Howe Avenue, including all pupils living on Howe Avenue, 
to City Limit line; east on City Limit line to Lumpkin Road 
'and Military Reservation; southwest to Chattahoochee 
River including all of Cherokee Park; north along Chatta­

Exhibit “ C”



76

hoochee River to point of beginning. Double session classes 
will be required in Kindergarten and First Grades.

Seventh and eighth grade pupils will register at Eddy 
Junior High School.

Ninth through twelfth grade pupils will register at Baker 
High School.

Outpost A rea— Kindergarten pupils in the Outpost Area 
(south Lumpkin Road and Fort Benning outpost) may 
register and attend Key School. In case of an “ overflow” 
of Kindergarten pupils, adjustments will be made in classes 
involving South Columbus and Key Schools.

First through -sixth grade students in the Outpost area 
(south of Lumpkin Road near the Fort Benning Reserva­
tion and south of the present City Limits) not assigned to 
other schools, will be transported and will register at Wood- 
all and Wood Schools. After registration has been com­
pleted, Wood and Woodall Schools will cooperate in bal­
ancing class sizes as may be necessary.

Seventh and eighth grade pupils from the Outpost area 
will register and attend Eddy Junior High School.

High school pupils in the Outpost area will attend Baker 
High School.

Macilhenxy School— Kindergarten through sixth grade. 
Beginning at Thirty-second Street and First Avenue, east 
on Thirty-second Street to Sixth Avenue; south on Sixth 
Avenue to Belmont; east on Belmont Avenue to Central of 
Georgia Railroad; southwest along Central of Georgia Rail­
road to Twenty-ninth Street and spur railroad; thence fol­
low the west boundary of the Claflin -School attendance area

Exhibit “ C”



77

to Eighteenth Street; west on Eighteenth Street to Chatta­
hoochee R iver; north on Chattahoochee River to Bibb City 
limits; east to Gordon Boulevard; northeast to Gordon 
Boulevard and First Avenue; south to Thirty-second Street 
and point of beginning.

Seventh, eighth, and ninth grade pupils will attend 
Columbus Junior High School.

Midland School—First grade through seventh grade. 
Beginning at Flat Rock Creek and Macon Road; north­
west to Billings Road and Southern Railroad; west across 
Warm Springs Highway to Schomburg Road, including all 
of Schomburg Road, northeast to intersection of Blackmon 
and Hancock Roads; east to the intersection of Gray Rock 
Road and Harris County line; thence east along Harris 
County line south along Talbot County line to Fort Benning 
Reservation; west along Fort Benning Reservation to the 
intersection of the Central of Georgia Railroad and Scha- 
tulga Road; thence west to the intersection of Flat Rock 
Creek and Macon Road, point of beginning.

Children attending Midland School will be transported 
along the routes and according to the schedules set up and 
in operation during the last school year.

Eighth and ninth grade pupils will attend Arnold Junior 
High School. High school pupils, grades ten through 
twelve, should register at Jordan Vocational High or 
Columbus High Schools.

(M iller R oad : Pupils living in the Miller Road area be­
tween the Southern Railroad and Macon Road and Crystal 
Valley area will attend and be transported to Reese Road 
School.)

Exhibit “ G”



78

Mokhingside School— Kindergarten through seventh 
grade. Beginning at the Muscogee County Airport, north to 
Mariner Drive, including all pupils living on the east 
side of Mariner Drive; thence north across Weems Road 
and Lindsey Creek; north to Hancock and Blackmon Roads; 
south to Schomburg Road and Warm Springs Road; east 
to Southern Railroad; southwest along Southern Railroad 
to Expressway; north to Moon Road and Fortson Lane; 
west on Fortson Lane and Britt David Road, but not includ­
ing any pupils on Britt David Road or Fortson Lane; to 
Muscogee County Airport, point of beginning.

“ Overflow” of seventh graders will be transported to 
Daniel School.

Eighth and ninth grade pupils will attend Arnold Junior 
High School.

Muscogee E lementary School— Kindergarten through 
sixth grade. Beginning at Baker High School, northwest on 
Victory Highway to Bull Creek, thence northeast along Bull 
Creek to Cusseta Road; east to the Seaboard Airline Rail­
road; south to Cusseta Road to Cusseta Place Apartments; 
west along the southern boundary of Cusseta Place Apart­
ments to Foye Avenue; south along the east side of Foye 
Avenue, including those pupils on Foye Avenue, to Calhoun 
Drive; west along the north side of Calhoun Drive, not in­
cluding any pupils on Calhoun Drive and Ridgeway Drive, 
to Benning Road and Ridgeway Drive, south on Benning 
Road to Levy Road; west on Levy Road to Fort Benning 
Railroad; south on Fort Benning Railroad to Victory Drive; 
northwest on Victory Highway to Baker High School, point 
of beginning. (Anthony’s Coachman’s Manor and Joe Jones 
and other trailer courts east of Victory Highway are in­

Exhibit “C”



79

eluded in this attendance area.) Double session classes will 
be required in the lower grades of this school.

Seventh and eighth grade pupils will attend Eddy Junior 
High School.

Nankipooh School— Kindergarten through seventh 
grade. Beginning at the intersection of Whitlesey Road and 
Central of Georgia Railroad directly north to the Harris 
County line at the intersection of Smith Road and Harris 
County line; east along the Harris County line to the Gray 
Rock Road and the Harris County line; southwest to the in­
tersection of Hancock and Blackmon Roads; southwest 
to the intersection of Weems Road and Lindsey Creek; west, 
not including any pupils on Weems Road or in Sunshine 
Acres, to intersection of Hamilton Road and Whitlesey 
Road; west along Whitlesey Road to the Central of Georgia 
Railroad, point of beginning.

In cases of “ overflow” pupils in any grade, transfers 
will be made from Nankipooh to Midland or Double 
Churches Schools. Eighth and ninth grade pupils will at­
tend Arnold Junior High School. High school pupils, 
grades ten through twelve, are to register and be trans­
ported to Jordan Vocational High School or Columbus 
High School.

R eese R oad School—-Kindergarten through sixth grade. 
Beginning on Macon Road and Cooper Creek; north along 
Cooper Creek to the Southern Railroad; northeast along 
Southern Railroad to Billings Road and Southern Railroad; 
southeast to Macon Road and Flat Rock Creek; southwest 
along Flat Rock Creek and Bull Creek; west along Bull 
Creek to Forrest Road, to the east side of Roberta Drive 
not including any pupils on Roberta Drive, to the south side

Exhibit “ C”



80

of Faye Drive, including pupils on Faye Drive, to Reese 
Road; west from Reese Road to Avalon Road including 
all pupils living on Yates Drive and Old Macon Road; north 
from Avalon Road to Macon Road and Cooper Creek to 
point of beginning.

Seventh and eighth grade pupils will register at Richards 
Junior High School.

Ninth grade pupils will register at Arnold Junior High 
School or Columbus High School. Grades ten through 
twelve should register at Columbus High School or Jordan 
Vocational High School.

Those pupils living in the Crystal Valley and Macon 
Road area will register at Reese Road School.

R igdon R oad School—Kindergarten through sixth grade. 
Beginning at Macon Road and 1937 City Limits including 
all of South Dixon Drive follow the old City Limit line 
to Hood Street and Washington Avenue; east on Hood 
Street, including Hood Street, to Samson Avenue; north 
on Samson Avenue to Pecan Street; east including Pecan 
Street to Rigdon Road; east along Carver Heights Subdi­
vision to Lindsey Creek; east to the Central of Georgia 
Railroad and Morris Road; north along Central of Georgia 
Railroad to Morris Road and Alta Vista Road; north to 
Baird’s Quarters; west to Lindsey Creek; north to Macon 
Road; west on Macon Road to point of beginning at 1937 
City Limit mark.

Seventh and eighth grade pupils will attend Richards 
Junior High School.

Ninth grade pupils will attend Columbus Junior or 
Columbus High Schools. Grades ten through twelve should 
register at Jordan High or Columbus High Schools.

Exhibit “ C”



81

R iver R oad School—Kindergarten through sixth grade. 
Beginning at Forty-fifth Street and River Road; west 
along middle of Forty-fifth Street to Chattahoochee R iver; 
north along Chattahoochee River to Roaring Branch; east 
along Roaring Branch to River Road; east to a point due 
north of Richmond Avenue; south on Abbott Avenue, in­
cluding pupils on Abbott Avenue, to Central of Georgia 
Railroad; south along Central of Georgia Railroad to 
River Road and Forty-fifth Street, point of beginning. 
( Contract has been awarded and construction is under way 
for a six classroom addition on this building. Project is 
scheduled to be completed during school year of 1963-64. 
Double sessions will be necessary until project is com­
pleted.)

Seventh and eighth grade pupils will attend the Daniel 
School.

Ninth grade pupils in this attendance area will register 
at Arnold Junior High School. High school pupils will 
attend Jordan Vocational High or Columbus High School.

R ose H ill School—Kindergarten through seventh grade. 
Bounded on the north by the Central of Georgia Railroad 
and Fox School attendance area. On the east by Hamilton 
Road and the Waverly Terrace School attendance area; 
on the south and west by the Claflin School attendance area. 
For additional information please refer to the map outlin­
ing the attendance area.

Eighth and ninth grade pupils will report to Columbus 
Junior High School.

R osemont School—Kindergarten through seventh grade. 
Beginning at Southern Railway and Hilton Avenue, north 
along center of Woodruff Road to the Columbus-Man-

Exhibit “C”



82

Chester Expressway; west along the Colnmbus-Manehester 
Expressway to the east side of Hamilton Road, but not 
including any pupils on Hamilton Road; thence north along 
the east side of Hamilton Road and Airport Thruway by 
Simon’s Lake to Armour Road; east to the A irport; south 
to Lindsey Creek and the Southern Railway; west on the 
Southern Railway to Hilton Avenue and point of begin­
ning. (Does not include Kingston Subdivision. See David 
School.)

Eighth and ninth grade pupils will register at Arnold 
Junior High School.

Grades ten through twelve will register at Jordan Voca­
tional High School or Columbus High School.

South Columbus School—Kindergarten through sixth 
grade. This area is generally bounded on the north by 
Bull Creek; on the east by Victory Highway; on the south 
by the Fort Benning Military Reservation; on the west by 
Howe Avenue, but not including any pupils on Blan Street, 
to Beatrice Avenue; north to the Chattahoochee River to 
Bull Creek, point of beginning. Pupils living in the follow­
ing subdivisions are included in this area: Torch Hill, 
Camellia Apartments, Riverland Sub-division, part of 
Carter Acres, Lumpkin Terrace and part of Colonial Park.

Zone “ A ”, as shown on the map, is assigned to Thirtieth 
Avenue School.

Children living on South Lumpkin Road near Port Ben­
ning Outpost will register at Woodall or Wood School.

Seventh and eighth grade pupils will register at Eddy 
Junior High School.

Pupils in grades nine through twelve will register at 
Baker High School.

Exhibit “ C”



Exhibit “ C”

St. E lmo School— Kindergarten through sixth grade. 
Beginning at Fourteenth Avenue and Thirteenth Street, 
east on Thirteenth Street to Weracoba Creek; north on 
Weracoba Creek to Seventeenth Street; east on Seven­
teenth Street to Hilton Avenue; north on both sides of 
Hilton Avenue to Woodcrest Drive; north on Hilton Avenue 
to the Southern Railroad; southwest along the Southern 
Railroad to the north side of Twenty-ninth Street; east 
on Twenty-ninth Street to the east side of Sixteenth Ave­
nue ; south along the east side of Sixteenth Avenue to 
Twenty-fourth Street; thence southwest along the eastern 
boundary line of Pou Street, East Highlands, and Wood 
attendance areas (see map) to the point of beginning at 
Fourteenth Avenue and Thirteenth Street.

Seventh and eighth grade pupils will register at Richards 
Junior High School. Ninth grade pupils will register at 
Columbus Junior High or Columbus High School.

Transported pupils from Eastway School will attend St. 
Elmo and Wynnton Schools.

St. Marys School— Kindergarten through sixth grade. 
Beginning at the City Limit line east of Irwin Way, to the 
south side of Steam Mill Road; east along the south side 
of Steam Mill Road, not including any of Steam Mill Road, 
to Dawson Drive attendance area; south to the intersection 
of Highland Avenue and St. Marys Road; east along St. 
Marys Road to the Fort Benning Reservation; follow 
Reservation line to Old Cusseta Road; northwest along 
Old Cusseta Road and Cusseta Road School attendance 
area to Central of Georgia Railroad; north along Central 
of Georgia Railroad to Aldridge Quarters and Greenwood 
Subdivision; northeast to St. Marys Road including all of 
Greenwood Subdivision to point of beginning.



84

First through sixth grade pupils from Trailer Village 
and new trailer park located at Farr Road and Old Cusseta 
Road and Aldridge Quarters will register and be trans­
ported to East Highlands School. Kindergarten pupils may 
register at St. Marys School.

Seventh and eighth grade pupils will register at Eddy 
Junior High School.

Ninth grade pupils will attend Baker High School.

T illistghurst School—Kindergarten through seventh 
grade. Beginning at Buena Vista Road between Chester­
field and Roosevelt Streets, north to Benner Avenue and 
Harlem Court; east to 1949 City Limit line, south along 
the 1949 City Limit line, not including the Buena Vista 
Estates, to Buena Vista Road; east on Buena Vista Road 
to Central of Georgia Railroad; thence north along the 
Central of Georgia Railroad to the City Limit line, south 
to Paige’s Tourist Court on Buena Vista Road; south to 
Jasmine on Steam Mill Road; southeast along the City 
Limit line to Irwin and St. Marys Road, including Irwin 
Way and Claradon Drive; west on St. Marys Road to 
west side of Nightingale Drive; southwest to Seaboard 
Railroad; northwest on Seaboard Railroad to Bull Creek; 
west to the intersection of Clover Lane and Mellon Street, 
not including Mellon Street, north to Central of Georgia 
Railroad; north to Brookhaven Road; east on Brookhaven 
Road to a point midway between Chesterfield and Roosevelt 
Streets, north to Buena Vista Road and point of beginning.

Eighth grade pupils will register at Eddy Junior High 
School.

Ninth grade pupils will register and be transported to 
Baker High School.

Exhibit “ C”



Exhibit “C”

W averly T errace School— K i n d e r g a r t e n  through 
seventh grade. Beginning at River Road and Hamilton 
Road; east including Thirty-first Street to Fourteenth Ave­
nue; south on Fourteenth Avenue crossing Southern Rail­
road to Talbotton Road; west on Talbotton Road to 
intersection of Talbotton Road and Warm Springs Road; 
Talbotton Road through Peabody Apartments and to north 
of the apartments facing Talbotton Road and Ivy Street 
to Olive Street at the Service Parking Area; due west along 
the Service Parking Area to North Avenue and thence to 
Twenty-fifth Street; west along Twenty-fifth Street to 
Hamilton Road; north on Hamilton Road to Thirty-first 
Street, point of beginning.

“ Overflow” seventh graders will be assigned to Rose Hill 
School.

Eighth and ninth grade pupils will attend Columbus 
Junior High School.

WmTERFiELD S chool— Kindergarten through sixth grade. 
Beginning at Weracoba Creek and Lumpkin Court; north to 
Twenty-seventh Avenue and Lumpkin Road; north to Cus- 
seta Road and Twenty-fifth Avenue; northeast, including 
all of Twenty-fifth Avenue, to Clover Lane and Mellon 
Street; east, including Mellon Street, to intersection of 
Bull Creek and the Seaboard Railroad; south along the Sea­
board Railroad to Aldridge Road; west along Aldridge 
Road to Brennen Road; southwest to Cusseta Road; west 
on Cusseta Road to Bull Creek; southwest along Bull Creek 
to Victory Highway; west along Bull Creek to Chattahoo­
chee River; north along Chattahoochee River to the junc­
tion of Chattahoochee River and Bull Creek; east to Victory 
Highway; south along Victory Highway to south side of the 
Thirtieth Avenue School attendance area; east along the



86

south, side of the Thirtieth Avenue School attendance area 
to Lumpkin Road; north on Lumpkin Road to Twenty- 
eighth Avenue; west to Weracoba Creek and Lumpkin 
Court, point of beginning. (Miller Trailer Court not in­
cluded—transported to, registered at, and will attend Wood- 
all School.)

Seventh grade pupils will register at Eddy Junior High 
School. “ Overflow” seventh grade students assigned to 
Eddy Junior High School from Winterfield School will at­
tend Brown Avenue School.

Eighth grade pupils will register at Eddy Junior High 
School.

Ninth grade pupils will register at Baker High School.

Where an “ overflow” exists in any particular grade, pu­
pils between Winterfield and Brown Avenue will be trans­
ferred to either school by the principals to “ even-up” the 
grades.

W ood School—Kindergarten through sixth grade. Be­
ginning on the south side of Twelfth Street and Tenth Ave­
nue; north along Tenth Avenue to the south side of Lin- 
wood Boulevard to Fourteenth Avenue; south along the 
middle of Fourteenth Avenue to Thirteenth Street; west 
along Thirteenth Street, Midway Drive, Twelfth Street and 
Tenth Avenue, the point of beginning.

Pupils from the Outpost area will register at Woodall 
and Wood Schools, and will be assigned to classes at either 
Woodall or Wood School.

Children who attended special classes at Wood School 
last year will register at Woodall School for placement this 
year.

Exhibit “ C”



87

W oodall School—Kindergarten through seventh grade. 
Beginning at the Chattahoochee Biver and Eighteenth 
■Street, east to Third Avenue; south along the west bound­
ary of Claflin School attendance area and Second Avenue 
attendance area (see map) to the Chattahoochee Biver; 
west and north along the Chattahoochee Biver to point of 
beginning.

Eighth and ninth grade pupils from Woodall School at­
tendance area will attend Columbus Junior High School.

Children from the former Seventh Street and Eleventh 
Street Schools attendance areas will register at Woodall 
School.

Children in the Outpost area in grades one through six 
will register at Woodall School and will attend Woodall 
and Wood Schools. (Includes Miller Trailer Ct.)

Children who were enrolled in Special Classes at Woodall 
School last year will register at Woodall School for place­
ment. Those pupils enrolled in Special Classes at Wood 
School and Daniel School will also register at Woodall 
School for placement.

W ynnton School—Kindergarten through sixth grade. 
Beginning at Cherokee Avenue and Seventeenth Street, 
east along the middle of Seventeenth Street across Hilton 
Avenue to the west side of North Dixon Drive; north in­
cluding all of Dixon Drive and Wells Drive to Twenty-first 
Street; east including all of Twenty-first Street to Lindsey 
Creek; west along Macon Highway to the west side of 
Dixon Drive South; directly south along old 1937 City 
Limits to Washington Avenue and Hood Street; Hood 
Street west to Henry Avenue and Buena Vista Boad; south 
along Ewart and Forsyth Street and Fulton Avenue to

Exhibit “ C”



Exhibit “C”

north side of Amos Street; west along north side of Amos 
Street to Overlook Subdivision. Along the southwest 
boundary of Overlook Subdivision to Wymnton Eoad; north 
along west property line of Bradley Memorial across 
Buena Vista Road to Weracoba Creek and Thirteenth 
Street; Thirteenth Street to Weracoba Creek and Cherokee 
Avenue to Seventeenth Street and point of beginning.

Seventh and eighth grade pupils will register at Richards 
Junior High School.

All transported children in grades one through six in the 
Eastway School attendance area will be transported, reg­
istered, and assigned to attend St. Elmo, Wynnton, and 
Rigdon Road Schools.

Carver H eights E lementary School — Kindergarten 
through seventh grade. Beginning at Buena Vista Road 
and Eighth Street; east on Eighth Street to Washington; 
north on Washington to Hood Street; east along south side 
of Hood Street to Samson Avenue; north on Samson Ave­
nue to Pecan Street; east not including Pecan Street to 
Rigdon Road; east along the north side of Carver Heights 
Subdivision to Central of Georgia Railroad; south along 
Central of Georgia Railroad to Buena Vista Road; north­
west along Buena Vista Road; including Buena Vista Es­
tates, to 1949 City Limit line; north around Annette 
Avenue to Benner Avenue to Buena Vista Road; northwest 
on Buena Vista Road to Eighth Street and point of begin­
ning.

(N ote: The pupils from the following attendance areas 
will be transported and will register at Claflin School: Old 
Jordan Elementary, Biggers, Nances, and Fortson.)



89

Eighth through twelfth grade pupils will register at 
Carver High School.

Claelin School—Kindergarten through sixth grade. 
Beginning at Eleventh Street and Sixth Avenue, north 
along Sixth Avenue to Thirteenth Street; west on Thir­
teenth Street to Fifth Avenue; north along the Woodall 
School attendance area to the Central of Georgia Railroad, 
and north along the Woodall School attendance area to 
Eighteenth Street; north along Mcllhenny School attend­
ance area to Central of Georgia Railroad to Twenty-ninth 
Street; southeast from Twenty-ninth Street to Sixth Ave­
nue; south along Rose Hill School attendance area to Ham­
ilton Road; east to Eighth Avenue; north to Center Street; 
east on Center Street to the west side of Eleventh Avenue 
and Central of Georgia Railroad; south along west side of 
Tenth Avenue to Twelfth Street; east on Twelfth Street 
to Midway D rive; northeast along Midway Drive to Thir­
teenth Street; southwest to Buena Vista Road; southwest 
along Bradley Memorial property to Wynnton Road; west 
on Wynnton Road and Eleventh Street to Sixth Avenue, 
point of beginning.

(N ote: The pupils from the following attendance areas 
will be transported and will register at Claflin School: Old 
Jordan Elementary, Diggers, Nances, and Fortson.)

Seventh and eighth grade students will register at Mar­
shall Junior High School.

Ninth grade students will register at Spencer High 
School.

Cusseta R oad School—Kindergarten through sixth 
grade. Located north of Swann Street and Cusseta Road.

Exhibit “C”



90

Beginning at Old Cusseta Boad and Central of Georgia 
Railroad; southeast along Old Cusseta Road to Fort Ben- 
ning Military Reservation; west along Fort Benning Mili­
tary Reservation, crossing City Limit line, to a point just 
east of Foye Avenue; north along the east side of Foye Ave­
nue, not including any pupils on Foye Avenue, to southern 
boundary of Cusseta Place Apartments; east along south­
ern boundary of Cusseta Place Apartments to Old Cusseta 
Road and point of beginning.

Seventh grade pupils will be transported to Marshall 
Junior High School.

Eighth grade and high school pupils south of 1949 City 
Limits from Cusseta Road will be transported to Spencer 
High School and Marshall Junior High School.

Zone “A ” as shown on map to register at the Cusseta 
Road School.

Davis E lementary School—Kindergarten through sixth 
grade. Beginning at Tenth Avenue and Wynnton Road, 
east on Wynnton Road to Oakview Avenue, east along 
Overlook Subdivision to Seventh Street and Nineteenth 
Avenue; south along Nineteenth Avenue to Spencer High 
School; east along Brookhaven Road and Brown Avenue; 
south on Brown Avenue to Central of Georgia Railroad; 
west along Bragg Street to Cusseta Road; southwest to 
Weracoba Creek; northwest along Weracoba Creek to 
Nineteenth Avenue; north on Nineteenth Avenue to Cus­
seta Road; northwest along Cusseta Road to Oakview; 
north on Oakview to Central of Georgia Railroad; north­
west along Central of Georgia Railroad to Tenth Avenue 
and north on Tenth Avenue to Wynnton Road and point 
of beginning. (Davis Annex located on Palmetto Street

Exhibit “ C”



91

will house Primary Children in this attendance area. There 
are four classrooms available in this building. Students 
attending this school will register at Davis School.)

Seventh and eighth grade students will register at Mar­
shall Junior High School.

Ninth grade students will register at Spencer High 
School.

The “ overflow” between Davis and Manly Taylor Schools 
will be adjusted between these schools by transferring pu­
pils following registration.

D awson Deive School—Kindergarten through seventh 
grade. Beginning at Dawson Drive and St. Marys Road; 
north along the west side of Spring Hill Subdivision to 
Steam Mill Road; west on Steam Mill Road to Fort Ben- 
ning Military Reservation; south on Fort Benning Military 
Reservation to St. Marys Road; west to the intersection of 
St. Marys Road and Dawson Drive, point of beginning. 
(Village area to be transported and will attend Dawson 
Drive School.)

Eighth, ninth, tenth, eleventh, and twelfth grade pupils 
will be transported to Carver High School.

F ifth A venue School—Kindergarten through seventh 
grade. Beginning at Eleventh Street and Tenth Avenue, 
south along Tenth Avenue to Chattahoochee River, west 
along Chattahoochee River to a point directly south of 
Fourth Avenue; north along middle of Fourth Avenue to 
Seventh Street; east on Seventh Street to Fifth Avenue; 
north on Fifth Avenue to Eighth Street ; east on Eighth 
Street to Eighth Avenue; north on Eighth Avenue to Elev­
enth Street; east on Eleventh Street to Tenth Avenue and

Exhibit “ 0 ”



92

point of beginning. (Will receive an additional seventh 
grade class from Marshall Junior High School in order to 
make room at Marshall for a special class for junior high 
school pupils. “ Overflow” of seventh graders and other 
students will be made from Fifth Avenue to Second Avenue 
School.

Eighth grade pupils will register at Marshall Junior 
High School.

Ninth grade pupils will register at Spencer High School.

Special classes will be held at Fifth Avenue School again 
this year.

F orrest Road School— Kindergarten through seventh 
grade. The children from the following areas will attend 
the Forrest Road School: Old Liberty Hill District, Baird’s 
Quarters, and East Urban Heights.

Eighth, ninth, tenth, eleventh, and twelfth grade pupils 
from Forrest Road will be transported to Carver High 
School.

H arrison A venue School— Kindergarten through sixth 
grade. Hamilton Road and the Expressway, east along the 
Expressway to Twentieth Avenue; south to the end of Lin­
coln Street, west along Lincoln Street to Seventeenth Ave­
nue; west along Forty-third Street to Hamilton Road; 
north on Hamilton Road to the Expressway.

Harrison A venue School-A.— Forty-seventh Street and 
Thirteenth Avenue; north along Thirteenth Avenue to F if­
tieth Street; northeast to Fourteenth Avenue; north to 
Alexander Street; east along Alexander Street to Fifteenth 
Avenue; southwest from Fifteenth Avenue to Fourteenth

Exhibit “ C”



93

Avenue; south along Fourteenth Avenue to Forty-seventh 
Street and Daniel School attendance area; west along Dan­
iel School attendance area to Thirteenth Avenue. See map 
for outlined area.

H arrison A venue School-B— Thirty-eighth Street from 
Twelfth Avenue to River Road.

Harrison A venue School-C—Bounded on the east by 
the Central of Georgia Railroad; on the north by the Thom­
ason Subdivision; on the west by the North Columbus in­
dustrial site; by the Central of Georgia Railroad on the 
south.

Pupils in seventh and eighth grades in Harrison Avenue 
“A ”, “B ”, and “ C” will attend Marshall Junior High School.

Ninth grade students in Harrison Avenue “A ”, “B ” , and 
“ C” will register at Spencer High School.

Manly Taylor School— Kindergarten through sixth 
grade. Beginning on Tenth Avenue and Central of Georgia 
Railroad south along Tenth Avenue to Chattahoochee 
River; southeast on Chattahoochee River to Bull Creek; 
east on Bull Creek and Weracoba Creek to Victory High­
way; northeast and northwest along Weracoba Creek to 
Nineteenth Avenue; north on Nineteenth Avenue to Cus- 
seta Road; northwest on Cusseta Road to Oakview Avenue; 
north on Oakview Avenue to Central of Georgia Railroad; 
northwest on Central of Georgia Railroad to Tenth Ave­
nue, the point of beginning.

Seventh and eighth grade pupils will register at Mar­
shall Junior High School.

Ninth grade pupils will register at Spencer High School.

Exhibit “ C”



94

(Enrollment will be adjusted with Davis School after 
registration.)

Mathews School—First grade through seventh grade. 
Pupils from the following attendance areas will be trans­
ported to this school: Flat Rock, Wimberly, Cross Roads, 
Warm Springs Road (including the Old Gentian attendance 
area), Upatoi, and Pitts Chapel; and the eighth, ninth, 
tenth, eleventh, and twelfth grade pupils will be transported 
to Carver High School.

Pou Street School—Kindergarten through sixth grade. 
Beginning at Twelfth Avenue and Twenty-fourth Street, 
east to middle of block between Twelfth and Thirteenth 
Avenues south of Twenty-second Street; east including both 
sides of Twenty-second Street to west side of Fifteenth 
Avenue. Thence north along west boundary of St. Elmo 
School attendance area to Twenty-ninth Street; west to 
east side of Talbotton Road; west to Twelfth Avenue and 
Twenty-fourth Street, point of beginning.

Seventh and eighth grade pupils will register at Marshall 
Junior High School.

Ninth grade students will register at Spencer High 
School.

R adcliee School— Kindergarten through seventh grade. 
Beginning at Buena Vista Road east on Eighth Street to 
Washington. North along Washington to Hood Street; west 
to Buena Vista Road and Henry Avenue; south along Ewart 
to Forsyth; east on Forsyth to Coolidge; south including 
the 800 block of Coolidge; south to intersection of Heard 
and Lawyers Lane; east to Radcliff School property line;

Exhibit “C”



95

south to Brookhaven R oad; east to Chesterfield; north in­
cluding both sides of Chesterfield to Buena Vista Road; 
west on Buena Vista Road to Eighth Street and point of 
beginning.

Eighth grade and high school pupils will register at Car­
ver High School.

Second A venue School—Kindergarten through seventh 
grade. Beginning at Eleventh Street and Eighth Avenue, 
south on Eighth Avenue to Eighth Street; west on Eighth 
Street to Fifth Avenue; south on Fifth Avenue to Seventh 
Street; west on Seventh Street to Fourth Avenue; south on 
Fourth Avenue in a direct line to Chattahoochee River; 
northwest along Chattahoochee River to a point directly 
south of the middle of the block between First and Second 
Avenues; north along the middle of the block between First 
and Second Avenues following the east boundary of Wood- 
all School attendance area (see map) to Eleventh Street; 
east on Eleventh Street to Eighth Avenue and point of 
beginning.

Second Avenue School will receive “ overflow” pupils from 
Fifth Avenue School.

Eighth grade pupils will register at Marshall Junior 
High School.

High School pupils will register at Spencer High School.

T hirtieth A venue School—Kindergarten through sixth 
grade. Located at Thirtieth Avenue and Delta Street. Be­
ginning at Victory Highway and Weracoba Creek, north­
east along Weracoba Creek to a point just south of Lump­
kin Court; southeast to Lumpkin Road; south along Lump­

Exhibit “ C”



96

kin Eoad to south side of Kendricks Quarters; west along 
south side of Kendricks Quarters to Victory Highway; 
north on Victory Highway to Weracoba Creek and point of 
beginning.

Bethel Zone “A ” is included in Thirtieth Avenue School 
attendance area.

Seventh and eighth grade pupils will register at Marshall 
Junior High School.

High school pupils will register at Spencer High School.

Exhibit “ G”



Nwco$ee bounty School District n  
School Year 1963-64 

Elemehlary 5cl»oo| Attendance AnM.j\\ '
Location o f  Scl»oo 
Legend

K- ttindercjardcn
I"6  C?ra.de^Tau<}h4

©  EJemeni&rif School 
A Junior Hiqh School 
I Hiqh School 

Ar«aVoc-Tecl,.Sch.

( ) Beyond Lidib ofMa|>
©  New School Under Contt.! .. L   "r ’ S' Q* jfe / WS'TSSi- //-r /f (s. flfr

!-■? M k s m h u  ' S:r’ '■ -
- . J »l» c • cat' . ‘ i. J~*_. j-t,, _ _ _ ,. 

V. *
\ v\

\v

Out Po>t A'«a j 
To-w'ood^il atui

1? 5©
\  KjJ-ekvL -j /  *'

Sckooi u /



97

Exhibit “ C”



98

EXHIBIT “D”
Question 4

Name of School White or Negro
4

Census
Arnold Junior H igh __________.............  White 847
Baker High ._..... ..... ........... ....... _______  White 2,574
Beallwood ..................... ............... ..............  White 500
Benning Hills ...... ...................... .......... White 571
Bibb City ..... .......... .................. . .............. White 422
Brown Avenue___ ____ _______ ____ ___ White 422
Carver Elementary .......... ........ ..............  Negro 1,320
Carver High ........ ...................... .............  Negro 1,387
Claflin ............. ............................. ..............  Negro 825
Clubview ...... ................ ......... ..... .............. White 683
Columbus High .................. ........ ............ . White 1,939
Columbus Junior High _______ ________ White 903
Cusseta Road ........ .................... ..............  Negro 619
Daniel _______ _________ ___ __________  White 775
David .............. ............. ............... ............... White 483
Davis ............................................ _____ _ Negro 1,000
Dawson Drive ......................................... . Negro 384
Double Churches............ ............ ............ . White 247
East Highlands......................................... White 293
Eastway ................................................. White 2,027
Eddy Junior High ..................... .............. White 1,222
Edgewood ..... ..................... ....... . .............  White 699
Fifth Avenue .... ........... ............ ..............  Negro 458
Forrest Road _______________ ..............  Negro 440
F o x ............... ........ ..... ...... ........... .............. White 488
Gentian .................... .................. . .............. White 479
Harrison Avenue ..................................... Negro 468
Johnson .................... ................ ...____ ___ White 591
Jordan Vocational High .......... ._____ _ White 2,013
Key ........... ..... ........................... . ........... White 861



99

Name of School White or Negro Census

.Manly Taylor ______ __ ______ __ ____  Negro 560
Marshall Junior H ig h ............ ..................  Negro 1,009
Mathews ...............................       Negro 310
Mcllhenny __________________     White 436
Midland __________________      White 110
Morningside ..................................      White 852
Muscogee .................................        White 910
Nankipooh ...............................        White 261
Pou Street _________________         Negro 382
Radcliff .................................      Negro 540
Reese Road ..............................       White 411
Richards Junior H ig h ........................   White 987
Rigdon Road ............................        White 440
River R oa d ..............................................    White 399
Rose H ill.......... ...........................................  White 317
Rosemont _________________      White 568
St. Elmo ...................................      White 325
St. Marys ..................................       White 760
Second Avenue ..............................       Negro 310
South Columbus .............................     White 964
Spencer High _______________        Negro 1,375
Thirtieth Avenue......................................... Negro 403
Tillinghurst ............................      White 616
Waverly Terrace ............................       White 463
Weems Road (Under construction) ____ White 325
Wesley Heights (Under construction) .. White 375
Winterfield ________________        White 618
Wood ....................................       White 184
Woodall ..................................     White 361
Wynnton __________________     White 440

Exhibit “D”

4



100

EXHIBIT “E”

(See opposite) BSP



(V, K
 U)

Question 12

MUSCOGEE COUNTY SCHOOL DISTRICT
Co1umbus , Georgia

DOUBLE SESSIONS - SEPTEMBER 13, 1963
c - j_ Kindermarten First Second Third Total Total

a n i t e ; a .m. p.m. a.m. p.m . a.m. p.m. a.m. p.m. a.m. p.m.

Ciucview 42 42 33 30 29 27 104 99 20 3
Davi I 3 2 27 28 35

" 31 27 89 91 180
Eas:.Wa / 52 5 2 35 35 36 33 35i i 53 r  c.. 34 31 37 34

50 31 35 33 349 323 672
Edgewood 51 52 51 52 103
Genii an 47 3 2 35i I 30 62 82 144
Key 36 37 38 37 36

35 37 38
" 40 36 185 185 370

Morningside 46 45 46 45 91
Muscogee 40 40

39 39 79 79 158
Reese Road 48 30 30 48 78
P osemont 36 30 36 30 66
St. Marys 40 40 31 36
" 40 32 37) 11 31 37H t i 16 14 164 190 354
South Columbus 49 50n II 50 99 50 149
Tilling'r.urst 49 49 49 49 98
Winter r ield 52 • 5 5 52 55 107

Total White 600 908 483 162 263 308 49 1,, 395 1, 378 2,773
(1, 508) (645) (571) (49)

Colored•

Carve:r Elem. 46 47 46 47 93
-l£Ii- I. n 33 *? 1 33 31 64
C U S S 3 T:a Road 4 6 30
" " 46 30 60 92 152

IT - - Avenue 32 31 32 31 63
Harrison Aversie 38 29 29 38 67
Radel-iff 66 35 37 31 66 103 169
r. i r c"Leth Avenue _43 33 31 30 63 74 137

Total Colored 79 317 189 99 61 329 416 745
( 396 ) (288) (61)

GRAND TOTAL 679 1,225 672 261 324 308 1,724 1,794 3,518
(1,904 ) (933) (632)



101



102

EXHIBIT “F”

(See opposite) I3rs



M U S C O G E E
C O U N T Y
S C H O O L
DISTRICT
C O L U M B U S

G E O R G I A



Muscogee County 
Board Of Education

Mr. B. H. Hardaway, Jr., President

Mr. John R. Kinnett, Sr., First Vice-President

Mr. T. Hiram Stanley, Second Vice-President

Mr. Cecil W. Anthony

Mr. Joe W. Blackmon

Mrs. Richard Chaplin

Mr. J. W. Feighner

Mrs. John P. Illges, Jr.

Mr. Louis C. Kunze, Sr.

Dr. John T. Miller 

Dr. S. A. Roddenbery 

Mr. David Rothschild, II 

Mrs. Joseph J. Spano 

Mr. R. Spencer Waddell 

Mr. C. Cody White

Mr. Wm. Henry Shaw, Superintendent of Education

Mr. R. Brice Carson, Ass't. Superintendent for Personnel

Mr. G. Nathan Hunter, Treasurer

Dr. James Y. Moultrie, Ass't. Superintendent for Instruction

Mr. Nathan M. Patterson, Ass't. Superintendent for Special Services

Your Name

School



05,(mntj> School
40l«ib«*. «*«#»*

June X, X963

, high school* i p8you plan your Prog* ! “  ch Qf  you to pl*n
U T he whatever o b je c tiv e  you

rr5 -ee«0P »
r educational plans teachers and

_ S S = S S K ^ rJ? 3 Sygivzzf
s r .  s r j i v —  »«■ — ‘
ech grade, and a states*
raduation. cow,le tin g  high

I£  you are £  w iU  - * * £
icbool* your ®ch®** * the co lleg e  o f  y ^ * c h o i  ^  c o lleg e

rcbooi ^
°o\ ewdyC* « o r d in g ly . o£ srudy to

find i t  d i f f i c u l t  to  plan youc P experience
you may T h riv e s  o f  your ch o ice . may find

include 111 °*  *-ta ter in g  for any »P‘ c^£ ic^ |  procedure may be 
d i f f i c u lt y  in  re* £“ . tte^  summer » ch° ° l - and need make-
l t  advantageous 1 0 E you who get ^  the mlniaiua
r ^ - f h ^ w h o  desire  to  earn more tb .

units required. it_ e d ia te  and future
„ou to make w ith care y"” '  " 1 r  schooll e t  me urge you to er8 lnd counselors in y

educational p l - » ;  ™  . .  you "map your program . 
are eager to  a ss is t  you

Sincerely,

M S S  of n̂ation



Programs Of Study 

Muscogee County High Schools

On July 8, 1957, the State Board of Education adopted and issued a new 
statement of policies raising the requirements for graduation from sixteen units to 
eighteen units. As a result of this policy, the Muscogee County Board of Edu­
cation adopted a resolution to change the requirements for graduation from the high 
schools of Muscogee County. Commencing with the graduating class of 1960-61, a 
minimum of eighteen (18) units are required. These are as follows:

English 4 units
Social Studies

(Including 1 unit in U.S. History 
and Government as legally required) 

Biology 1 unit
Mathematics 2 units
Science or Mathematics 1 unit
Electives 7 units

Total 18 units

In addition to the minimum required courses, it is the policy of the 
Muscogee County Board of Education to approve a wide variety of elective 
courses which may be offered at any high school in the county where suffi­
cient pupil interest justifies such a course. (A minimum of fifteen pupils is 
considered proper justification.)

For the more able students it is often possible and advisable to earn more 
than the eighteen minimum units required for graduation. The principal of each 
school, with the help of teachers, counselors, and through consultation with par­
ents, attempts to plan the program of studies for each pupil in accordance with his 
interests, abilities, and aspirations for the future.



4
Courses Offered

Below is a list of courses offered in Muscogee County's high schools:

English I 
English II 
English III 
English IV
Speech and Dramatics 
Journalism I 
Journalism II 

** Library Education I

General Mathematics I 
General Mathematics II 
Algebra I 
Algebra II 
Advanced Algebra 
Plane Geometry 
Solid Geometry 
Trigonometry 
Analytic Geometry 

* *  Introductory Calculus 
Commercial Mathematics 
Shop Mathematics 
Advanced Mathematics

General Science
Biology
Chemistry

* *  Advanced Chemistry 
Physics
Anatomy and Physiology 
Physical Science

Latin I 
Latin II 
Latin III 
Latin IV 
French I 
French II 

, French III 
Spanish I 
Spanish II 
Spanish III 
German I 
German II 

* k Russian I 
* *  Russian II

Art I 
Art II 
R.O.T.C. I 
R.O.T.C. II 
R.O.T.C. Ill

Home Economics I 
Home Economics II 
Home Economics III

Diversified Cooperative Training I 
Diversified Cooperative Training II 
Distributive Education I 
Distributive Education II

World History 
American History 
American Government 
World Geography 
Sociology 
Economics 
Psychology
Problems in American Democracy

Rotating Shop
Auto Shop
Electrical Shop
Radio Shop
Metal Shop
Wood Shop I, II
Machine Shop I, II
Mechanical Drawing I, II
Masonry Shop
Industrial Arts
C o s m e t o l o g y

Introductory Business 
Typing I 
Typing II 
Shorthand I 
Shorthand II 
Bookkeeping I 
Bookkeeping II 
Transcription 
Business Machines 
Note-Taking 
Cosmetology

Physical Education for Boys 
Physical Education for Girls 
Choral Music I, II, III, IV 
Band I, II, III, IV 
Orchestra

Driver Education 
Humanities

* Additional foreign languages may be offered if sufficient demand arises. 
New courses added this year (1962-1963)



5Courses At Baker High School vJj
Below is a list of courses now being taught at Baker High School:

Freshman Unit Sophomore Unit

English I 1 English II 1
World History 1 U.S. and World Geography 1
General Science 1 Ecomomics
General Mathematics I 1 Sociology %
Algebra I 1 Speech and Dramatics 1
Latin I 1 Biology 1
Spanish I 1 General Science 1
German I 1 General Mathematics II 1
French I 1 Algebra I, II 1
Home Economics I 1 Latin I, II 1
Woodshop I 1 Spanish I, II 1
Physical Education % German I, II 1
Band I French I, II 1
Choral Club I h Home Economics I, II 1
Electric Shop I l Machine Shop 1
Art I l Wood Shop I 1

Physical Education %
Junior Band II %

Choral Club II %
English III l R.O.T.C. 1
Journalism l Electric Shop II 1
Speech and Dramatics l Art II %
Chemis try l
Anatomy and Physiology l Senior
Algebra I l
Algebra II l English IV 1
Plane Geometry l Journalism 1
American History l Speech and Dramatics 1
Sociology % Physics 1
Economics Chemistry 1
World Geography % Anatomy and Physiology 1
Psychology % Trigonometry %
Latin I, II l Advanced Math
Spanish I, II l Plane Geometry 1
German I, II l Algebra II 1
French I, II l Analytic Geometry %
Russian I l Introductory Calculus %
Home Economics I, II l Government 1
Mechanical Drawing l Sociology %
Machine Shop I, II l Economics %
Wood Shop I l World Geography \

Machine Shop l Psychology \

Typing I l Latin II 1
Shorthand I l French II 1
Bookkeeping l Spanish II 1
Physical Education % German II 1
Band III % Russian I, II 1
Choral Club III % Home Economics II 1
R.O.T.C. l Mechanical Drawing 1
Diversified Cooperative 2 Machine Shop I, II 1

Training Wood Shop I 1
Typing I, II 1
Shorthand I, II 1
Bookkeeping 1
Physical Education %
Band IV
Choral Club IV %
R.O.T.C. 1
Diversified Cooperative 2

Training
Note-Taking h

(For requirements for graduation refer to bottom of page 8)



Courses At Columbus High School
Below is a list of courses now being taught at Columbus High School:

Freshman

English I 
Algebra I

Worltf History 
or Biology

Sophomore Junior Senior

REQUIRED COURSES

English II English III English IV
Algebra II or U.S. Government
General Math or Economic Problems

World History 
or Biology

U.S. History in American Democracy

ELECTIVES

(Choose 1) (Choose 1) (Choose 2) (Choose 2)

French I 
Latin I 
Spanish I 
General Science 
Home Economics I 
World Geography 
Note (No 2 sub­
jects in the same 
field if only 4 aca 
demic subjects are 
taken)

(Choose I)

French I or II 
Latin I or II 
Spanish I or II 
U.S. History (if 
World Hist, has 
been completed) 
Art I
Home Ec. I or II 
World Geography 
(See note on 
Freshman List)

(Choose 1)

French I,II,III 
Latin I, II, III 
Span. I, II, III 
Chemistry 
Physics
Anatomy and Phy­
siology
Plane Geometry 
Art I or II 
Journalism II 
*Shorthand 
Bookkeeping 
Typing (if 
eligible as a 
5th subject)
Home Ec. I or II

(Choose 1)

French II, III, IV 
Latin II,III,IV 
Span. II, III, IV 
Chemistry 
Physics
Anatomy and Phy­
siology
Plane Geometry 
Adv. Alg.-Trig.
S. Geom.-Analytic 
Geom.

Art I or II 
Home Ec. I, II 
Journalism II 
Typing 
^Shorthand 
Bookkeeping

(Choose 1)

Phys. Education 
Band
Orchestra 
Choral Music 
Journalism I

Phys. Education
Orchestra
Band
R.O.T.C. I 
Choral Music 
Journalism I 
Public Speaking

Phys. Education 
Band
R.O.T.C. II 
Orchestra 
Choral Music 
Journalism I 
Public

Speaking

Phys. Education 
Band
R.O.T.C. Ill
Orchestra 
Public Speaking 
Choral Music 
Journalism I

*Shorthand cannot be taken unless the student is taking or has taken typing. 
Journalism II may be taken by a sophomore as a fifth subject if he has a "B" 
average for the Ninth (9th) Grade and has passed Journalism I.

For Ninth (9th) Grade - B or better average in eight (8th) grade plus elemen­
tary school principal's recommendation and parental approval required for 
five subjects.

Academic Credit will not be given for Journalism I. Journalism II will carry 
a unit of academic credit.

Library Education I will be offered to sophomores, juniors, and seniors by 
arrangement with and approval of the librarian.



7Courses At Jordan Vocational High School W\)
Below is a list of courses now being taught at Jordan Vocational High School: 

Academic Subjects - 1 unit credit each

Sophomores Juniors Seniors

English II English III English IV
Public Speaking Public Speaking Public Speaking
Algebra I Algebra I, II Algebra I, II
Algebra II Advanced Algebra and Advanced Algebra and
Commercial Math Trigonometry Trigonometry
Shop Math Plane Geometry Plane Geometry
General Math Physical Science Solid Geometry
Biology Physics Physics
Physical Science Chemistry Chemis try
World History American History Advanced Chemistry
World Geography I World Geography I Sociology and Economics
Spanish I, II French I, II, III Government
French I, II Spanish I, II, III French II, III
Latin I, II Latin I, II Spanish II, III

Anatomy and Physiology Latin II

Vocational Subjects - credit indicated after each

Rotating Commercial Home Ec. (1) Home Ec. (1)
Rotating Shop (1) Auto Shop I (1%) Auto Shop II (1%)
Home Ec. (1) Electrical Shop (1%) Electrical Shop II (1%)

Radio Shop I (1%) Radio Shop (1%)
Metal Shop I (\\) Machine Shop II (1%)
Wood Shop I (1%) Wood Shop II (1%)
Shorthand I (1) Shorthand II (1)
Bookkeeping I (1) Bookkeeping I (1)
Typing I (1) Typing I (1)
DCT I (2) Typing II (1)
DE (2) Bookkeeping II (1)
Mechanical Drawing (1) Transcription (2)

Business Machines (1)
DCT II (2)
DE II (2)
Mechanical Drawing (1)
Metal Shop II (1%)

Enrichment Subjects

Physical Education ( k ) Physical Education (%) Physical Education (%)
Journalism (%) Art ( k ) Art (i;)
Dramatics (̂ ) R.O.T.C. (1) Band (̂ )
Choral Music (%) Journal ism(%) R.O.T.C. (1)
Band (%) Dramatics (%) Journalism (%)
R.O.T.C. (1) Band (%) Dramatics (%)
Art (̂ ) Choral Music (%) Choral Music (%)
Orchestra (%) Orchestra (%) Orchestra ( k )
Library Ed. (%) Library Ed. (%) Library Ed. (%)

Audio-Visual (%)



8 Requirements for graduation for all Jordan High students—18 units

Academic Units - 11 
English 4 units 

2 units
2 units
3 units

Mathematics 
’ Science 

’ ’ Social Science

’ Biology required
” American History and World History required

NOTE:

Elective Units-7 from vocational, academic, or enrichment courses

Students may elect a college preparatory course or a vocational course. 
College-bound students must have a minimum of 15 academic units and 
meet college entrance requirements. Vocational students should elect ex­
ploratory courses in the various vocational fields during the sophomore 
year. Specific vocational courses in one field under the supervision of 
technical advisors are offered during the junior and senior year. In addi­
tion to the 11 required academic units, the vocational student must ac­
quire a minimum of 4 vocational units.

Requirements for graduation for all Baker High students—18 units

(continued from page 5)

English 
World History 
American History 
Government 
Biology

4 units 
1 unit 
1 unit 
1 unit 
1 unit

Additional Science 1 unit 
Algebra or
General Mathematics 2 vnits

Physical Education 
Electives

1 unit 
6 units



Courses At Spencer High School ^
Below is a list of courses now being taught at Spencer High School

Freshman
REQUI R E D

Sophomore

English I English II
Algebra I Plane Geometry
General Science Biology
Home Economics I Home Economics II
General Shop Shop (choose Brickmasonry,
Phys. Education and Health

E L E C T I V E S

Carpentry, Auto-Mech.

Band Band
Chorus Chorus
Art Art

Junior
R E Q UI R E D

Senior

English III English IV
Social Science

E L E C T I V E S
U.S. History

Government Art
Economics Distributive Education
Sociology Chorus
Art Music Appreciation
Distributive Education Physics
Music Appreciation Chemistry
Chorus Analytic Geometry
Special Shop Algebra II
Band (without credit) Solid Geometry
Family Living Trigonometry
Physics French II
Chemistry Typing II
Algebra II Shorthand
Solid Geometry Business Practices
Trigonometry Family Living
French I Band (without credit)
Typing I Special Shop
Shorthand Public Speaking
Business Practices Health Education
Health Education Latin or German
Latin or German C o s m e t o lo g y
C o s m e t o l o g y  Requirements for Graduation - 18 units

English 4 units Natural Science 3 units
Mathematics 3 units Home Economics 2 units
Social Sci. 3 units 

(World Hist., U.S. Hist, 
and one other)

Shop 2 units

Band may be substituted for 1 unit in Shop or Home Economics 
Physical Education and Health - 1 unit



Courses At Carver High School L
FRESHMAN

World History (1) 
English I (1)
Algebra I or Gen. 
Mathematics (1)
General Science (1)

One Elective

General Biology (1) 
Band (1)
World Geography (1) 
Physical Education (1) 
Homemaking (1)
Speech Correction (1) 
Industrial Arts (1) 

Woodwork 
Electricity 
Metal Work 

Interpretative 
Dance (1)

SOPHOMORE

Biology (1)
English II (1) 
Algebra II or 
Shop Mathematics (1)

Two Electives

Reading (1)
Journalism (1)
Spanish I (1)
French I (1)
Latin (1)
Band (%)
Art (%)
Industrial Arts (1) 

Woodwork 
Electricity 
Metal Work

Physical Education (1) 
Typing (1)
Music Appreciation (%) 
Speech Correction (1) 
Speech and Drama (1) 
Interpretative 
Dance (%)
Homemaking (1)
World History (1) 
General Business (1) 
Choral Music (1)
Shop Mathematics (1)

JUNIOR

United States History (1) 
English III (1)

Three Electives

Reading (1)
Journalism (1)
Spanish I & II (1)
French I & II (1)
Latin (1)
Chemistry (1)
Band (%)
Shorthand (1)
Advanced Art (%)
Plane Geometry (1) 
Physical Education (1) 
Solid Geometry (̂ ) 
Trigonometry (%)
Shop Mathematics (1) 
General Business (1)
DCT (1)
Health (1)
Speech and Drama (1) 
Music Appreciation (%) 
Speech Correction (1) 
Interpretative Dance (%) 
Library Education (1) 
Public Speaking and 
Debating (1)
Typing (1)
Industrial Arts (1) 

Electricity 
Woodwork 
Metal Work

N

SENIOR

Government and 
one other S/s (1) 

English IV (1)

Three Electives

Reading (1) 
Journalism (1) 
Spanish I & II (1) 
French I & II (1) 
Latin (1)
Physics (1)
Chemistry (1)
Anatomy and Phy­
siology (1) 
Psychology (%) 
Sociology (%) 
Economics (̂ ) 
Shorthand (1)
Typing (1)
Music Appreciation 
(1)

Advanced Art (%) 
Public Speaking & 
Debating (1)
General Business (1) 
Library Ed. (1) 
Humanities (1) 
Interpretative 
Dance (%) 
Bookkeeping (1)
Shop Mathematics (1) 
DCT (1)
Solid Geometry (%) 
Speech & Drama (1) 
Trigonometry (%) 
Industrial Arts 

Woodwork 
Electricity 
Metal Work



Accredited By The Georgia Accrediting 
Commission And

By The Southern Association of Colleges 
And Secondary Schools

The high schools of Muscogee County are fully accredited by the Georgia 
Accrediting Commission and by the Southern Association of Colleges and Second­
ary Schools. The latter accreditation is the h i g h e s t  that can be achieved by a 
secondary school.

Member of Associated 

Public School Systems

Muscogee County Schools, by invitation, hold membership in the Associated 
Public School Systems, This is a group of approximately 250 pioneering school 
districts from more than forty of the fifty states. Only one other school system in 
Georgia holds membership in this organization.

Research has shown that it takes more than 50 years for a good educational 
practice to come into nationwide use in America’ s public schools. It requires a 
minimum of 15 years for a good idea, destined to become general practice, to ap­
pear in 3 percent of the nation’ s schools. In view of this, the APSS was organized 
(a) to reduce the time of the "educational lag’ ’ to an absolute minimum; (b) to pool 
and share effective educational procedures currently existing in the 250 of the na­
tion’ s best school systems; and (c) to develop new educational tools and techni­
ques which will increase the efficiency of the instructional programs of the mem­
ber schools.



Questions You May Ask

In case I fail some work in the ninth grade at a junior high school, how do I get 
into high school?

A minimum of three academic units of credit must be earned before entering 
high school in the tenth grade. Some pupils may need to consider summer 
school.

Who will help me select my courses?
You will have the responsibility of planning your course of study. However, 
you should discuss your plans with your parents and, with them, decide your 
educational goals. Then, your teachers and your guidance counselors will be 
able to help you select specific courses.

In case I am uncertain about what type of college I will attend, how do I know what 
courses to take?

The following subjects are recommended:
Four years of English
Three years of mathematics, including plane geometry
Three years of social studies, one of which must be United States History 
and one of which should be World History 
Two years of a language 
Two years of science

If I do not plan to go to college, what courses should I take?
The following are recommended:
Four years of English 
Two years of mathematics
Three years of social studies, including United States History and World History 
One year of science
Home economics, vocational shop, or commercial subjects

What are requirements for private girls* schools?
Most private girls* schools require the following high school subjects:
Four years of English
Two years of a foreign language
Three years of mathematics, including algebra and plane geometry 
Three years of social studies, one of which must be United States History 

and one of which should be World History 
One year of science

A total of 16 academic units are required. Of course, they prefer you to rank 
in the upper one third of the class.



What are requirements for Engineering Schools?
Most engineering schools require the following:
Four years of English
Four years of mathematics, algebra, plane geometry, trigonometry, and solid 

geometry
Two years of science, including physics, chemistry, etc.
Three years of social studies, one of which must be United States History and 

one of which should be World History 
Some require two years of a foreign language

Most engineering schools require 16 academic units

What are requirements for pre-medicine and pre-dentistry?
Most schools require the following:
Four years of English
Three years of mathematics (algebra I, II, plane geometry)
Two years of foreign language (most require that it be Latin)
Three years of science including biology, physics, and chemistry 
Three years of social studies, one of which must be United States History and 

one of which should be World History
What are law school requirements?

Most law schools require the following:
Four years of English
Three years of social sciences: United States History, and Government are 

required
Three years of mathematics (algebra I, II, plane geometry)
Some require two years of a foreign language 
One year of science

What do most liberal art colleges require?
Four years of English
Two years of mathematics (algebra and plane geometry)
Three years of social studies, one of which must be United States History and 

one of which should be World History 
A few require three years of mathematics

What about advanced training of a technical nature?

Many opportunities do exist to secure training in specialized and technical 
fields. Your counselor will be able to advise you.

EACH STUDENT SHOULD CONSULT THE CATALOGUE OF THE COLLEGE 
WHICH HE EXPECTS TO ATTEND TO MAKE SURE THAT HE HAS FULFILLED 
THE ENTRANCE REQUIREMENTS.



14

High School Program
Below is provided space for you to list your planned courses, your grades, 

and the credits earned. Your planning should be done with the assistance and ap­
proval of your couiiselor as soon as possible. You may wish to refer to the list of 
courses offered by your high school elsewhere in this booklet.

Ninth Grade Year 19__

Course Grade Credits

English I

Tenth Grade Year 19—

Course Grade Credits

English II



15

Eleventh Grade Year 19__

Course Grade Credits

English III

Twelfth Grade Year 19__

Grade Credits

English IV



16

Summer School

Course Year Grade Credits

Approved By (Counselor)

Statement of Plans for the Future:

Name of College
Preference 1.

2.

3.

Name of Student: 

High School Attending:



103



104

Marshall Junior H igh School 

Columbus, Georgia 

March 9,1964

Course oe Subject Oeeerings for Seventh and 
E ighth Grades

EXHIBIT “ G”

Seventh Grade Eighth Grade

Beading Mathematics

Mathematics English

English Social Science

Social Science Science

Science Art

Art

Music (Band)

Health and Physical 
Education

Industrial Arts (Shop) 

Homemaldng (Foods) 

Homemaking (Sewing) 

Music (Band)

/ s /  B. T. F oulkes 
Principal



105

[Letterhead of Eddy Junior High School, 
Columbus, Georgia]

Exhibit “ G”

THE FOLLOWING SUBJECTS ARE OFFERED AT 
EDDY JUNIOR HIGH SCHOOL FOR THE SEVENTH 
AND EIGHTH GRADE STUDENTS:

7th Grade Program 8th Grade Program

English 36 wks. English 36 wks.

Arithmetic 36 wks. Arithmetic 36 wks.

Science 36 wks. Science 36 wks.

Social Studies 36 wks. Social Studies 36 wks.

Physical Education 36 wks. Physical Education 36 wks.

Art 12 wks. Industrial Arts 36 wks.

Reading 24 wks. Home Economics 36 wks.

Vocal Music—elective Vocal Music—elective

Band—elective Band— elective

/ s /  Charles R. Goodrxjm

Charles R. Goodrurn, Principal



106

Memo to : Dr. Moultrie

F eom : E. Dewey Renfroe, Principal
Richards Junior High School

R e : Course of Study at Richards Junior High
School

7TH GRADE REQUIRED SUBJECTS:

English
Math
Social Studies 
Science

Electives:

Physical Education, Study Hall, Art, Vocal Music, 
Band, Orchestra

8TH GRADE REQUIRED SUBJECTS:

English
Math
Social Studies 
Science

Electives:

Physical Education, Study Hall, Art, Vocal Music, 
Industrial Art (Boys), Home Economics (Girls), Band, 
Orchestra, Speech, Annual Staff, Newspaper, Office 
Asst., Library Asst.

If I can be of further help, please let me know.

3/9/64
cb

Exhibit “ G”



107

[Letterhead of Radcliff School, Columbus, Georgia] 

March 6, 1964

T o : Dr. James Y. Moultrie
Assistant Superintendent for Instruction

F bom : M. A. Clarke, Principal

R e : Seventh Grade Subjects

Below is a list of subjects taught Seventh Grade Students 
of Radcliff School:

LANGUAGE ART
A. Worlds of Adventure (American Book Co.)
B. Speller (My Word Book)
C. Writing

SOCIAL SCIENCE
A. History (This Is America’s Story—

Houghton Mifflin Company)
B. Geography (A World View—

Silver Burdett Co.)

^HEALTH AND PHYSICAL EDUCATION
A. Boys (James Wright, Instructor)
B. Girls (Miss Louphelia Brown, Instructor)

ENGLISH
A. The New Building Better English 

(Row, Peterson Company)

SCIENCE
A. Our Environment 

(Allyn & Bacon, Inc.)

MATH
A. Row-Peterson Arithmetic Book 7

“A Child Educated Only At School Is An 
Uneducated Child”

Exhibit “ G”



108

[Letterhead of Muscogee County School District, 
Columbus, Georgia]

March 6, 1964

FIFTH  AVENUE ELEMENTARY SCHOOL 

Dr. James Y. Moultrie
Assistant Superintendent in Charge of Instruction 
Muscogee County School District 
Columbus, Georgia

Dear Dr. Moultrie:
The following courses are offered to the students of the 

seventh (7th) grade at the Fifth Avenue Elementary 
School:

1. Mathematics

2. English

Spelling
Writing

3. Reading

4. Science

5. Social Science

6. Health & Physical Fitness

7. Choral & Band Music to selected students

Respectfully submitted,

/ s /  W esley B. H udson

Wesley B. Hudson, Principal 
bjh

Exhibit “ G”



109

[Letterhead of Muscogee County School District, 
Columbus, Georgia]

March 9, 1964

Forrest Road Elementary School Route 2, Forrest Road

Dr. James Y. Moultrie, Assistant Superintendent 
In Charge of Instruction 
Muscogee County School District 
Columbus^ Georgia

Dear Dr. Moultrie :

Courses offered in the Seventh Grade at Forrest Road 
Elementary School are:

English
Natural Science
Social Studies— Geography, History
Spelling
Mathematics
Reading—Literature
Physical Education—Physical Fitness

Sincerely yours,

/ s /  Z. B. A nderson

Z. B. Anderson, Principal

Exhibit “ G”

ZBA:ebm



110

COURSES TAUGHT IN SEVENTH GRADE 

Mamie J. Mathews Elementary School

English—Our English Language, Grade 7

Reader—Worlds of Adventure

Speller—My Word Book, 7

Science— The Wonderworld of Science, Book 7

History— This is America’s Story

Arithmetic— Thinking With Numbers, Book 7

Home Economics— Sharing Family Living (Girls)

Physical Education

Music

/s /  T imothy T. A lexandeb, Principal 

T. T. Alexander, Principal

Exhibit “ G■”



I l l

BROWN AVENUE SCHOOL 

Courses offered Seventh Grade

Reading

Science

English

Physical Education 

Social Studies
i

Math

Barbara J. Drew, Principal 
/ s /  Barbara J. Drew

Exhibit “ G”



112

Exhibit “ G”

ROLAND B. DANIEL SCHOOL

COURSES OFFERED FOR SEVENTH AND EIGHTH 
GRADES, 1963-64

Seventh Grade
Language Arts1 

Reading 
English 

Spelling 
Geography 
History 

Arithmetic 
Science
Physical Education 
Industrial Arts (Shop)5 
Art5 and Music6

Eighth Grade 
Language Arts2 

English 
Spelling

Civics 24 weeks followed 
by Georgia History 
for 12 weeks 

Remedial Reading4 
Arithmetic 
Science
Physical Education 
Industrial Arts 
A r t 5 a n d  M u s i c 6

1. Generally taught as a unit for three consecutive periods 
per day.

2. Generally taught as a unit for two consecutive periods 
per day.

3. Scheduled only three days per week to only three of 
eight sections—during their Language Arts’ Period.

4. Scheduled for one of five sections in place of science.
6. On an elective basis one period each week. Other pupils 

choose a study hall.
5. Scheduled for all pupils (one period every two weeks 

during their Language Arts’ class.)
Note: Each pupil is scheduled for six classes daily. Each 

period is 55 minutes. The only elective subjects are 
art and music.

3/9/64



113

SEVENTH GRADE 
COURSE OF STUDY

READING

Basic Text with Workbook:

Paths and Pathfinders— Scott, Foresman Co.
Think and Do Workbooks

Aims:

A. To ' facilitate understanding, generalization, and 
transfer

B. To develop in pupils a general idea of and interest in 
reading

C. To promote accuracy, speed, good usage, spelling, 
and confidence

D. To promote language growth for all pupils

E. To develop a meaningful vocabulary

F. To teach those habits, skills and attitudes which have 
never been learned

G. To teach growth in ability to read critically

1. To understand ideas of author

a. To accept or reject these ideas

b. To formulate own ideals and standards

H. To encourage every teacher of every subject to be­
come a better teacher of reading.

Exhibit “ G”



114

Exhibit “ G”

Objectives:

A. Consciousness of the fact that reading methods can 
be improved.

B. Improve concentration

C. Learn to search for and recognize valuable informa­
tion

D. Learn to grasp the central thought

E. Improvement in vocabulary

F. Increased confidence in one’s ability to read efficiently

(x. Transference of principles learned in class to daily 
reading

H. Create an atmosphere of optimism re-enforced by 
experience of success in reading

I. Increase ability to understand word symbols in sen­
tences and paragraphs as exemplified in situations 
such as the following:

1. Beading simple directions

2. Reading directions which require a choice

3. Identifying and understanding central and minor 
ideas, and distinguishing between them.

4. Making inference and associating pertinent rela­
tionships.

J. Increase ability to use reference skills such as table 
of contents, indexes, and reference materials.



Exhibit “ G”

ENGLISH

The principle objectives in the teaching of English in the 
seventh grade are:

A. To develop the ability to express thought correctly, 
both in speaking and in writing

B. To espouse in students a keen interest in and deep 
appreciation of good literature

C. To instill in students a desire to read and to create 
for themselves

D. To emphasize the mastery of spelling so that written 
composition may be improved.

Seventh Grade students should know:

A. Kinds of sentences

1. As to meaning

2. Capitalization

3. Punctuation

4. Simple diagraming

B. Parts of Speech

1. Recognition, definition, usage

2. Nouns and pronouns
a. Kinds
b. Properties
c. Use



116

Exhibit “ G”

3. Verbs
a. Kinds
b. Agreement with subject
c. Troublesome verbs
d. Conjugation

4. Prepositions
a. Becognizing prepositional phrases
b. Prepositional phrases as adjectives or adverbs

5. Conjugations
a. Connecting words
b. Connecting phrases
c. Connecting clauses or sentences

6. Interjections
a. Mild
b. Strong
c. Punctuation

C. Written Compositions

1. Letters
a. Friendly
b. Business
c. Thank you

2. Use of holidays and special events for writing of 
stories and poems

3. Exercises in correct usage

4. Homonyms, synonyms, antonyms

5. Book Beports (minimum of six per year)



117

D. Sentence Structure

1. Simple, compound, complex

2. Capitalization and punctuation

3. Direct and indirect quotations

4. Writing conversation

E. Introduction of Verbals (Recognition, definition, 
usage)

1. Infinitives

2. Gerunds

3. Participles

F. Diagraming (Not as an end, but as a means to an end)

G. Wherever practical, instruction in the use of the li­
brary as a source of information and pleasure should 
be given by the school librarian.

The English text recommended is English Five— Grade 7—-
Stoddard, Bailey, Lewis, 
American Book Company

It is recommended that spelling be taught in connection with 
English, the suggested text being Using Words, Silver Bur- 
dett Company

General Objectives:

That the course in mathematics in the Junior High 
School, may assist in training our pupils to be good citizens, 
able to earn a living, and to enjoy their leisure, the follow­
ing objectives have been set up :

Exhibit “ G”



118

I. To cultivate a desirable attitude toward mathe­
matics by acquainting pupils with its importance 
in the development of our modern civilization and 
in our everyday life.

II. To arouse a keen interest in mathematics because 
of its social worth to the individual; to make pu­
pils feel that as a basis of civilization as well as an 
interesting field of human knowledge it is a sub­
ject worth learning.

III. To give our pupils an understanding of mathe­
matics by developing in their minds such number 
concepts as are needed in our business and social 
life.

IV. To enrich and vitalize the meaning of numbers by 
teaching pupils to read with intelligence the mathe­
matical terms, graphs, formulas, and expressions 
with which the average reader comes in contact.

V. To familiarize pupils with geometric forms sur­
rounding them and so introduce the esthetic side 
of mathematics.

VI. To introduce pupils to the general range of ele­
mentary mathematics, arithmetic, intuitive geom­
etry, and elementary algebra, so that on leaving 
junior high they may be able to decide whether or 
not they wish to continue the study of mathe­
matics.

VII. To lead pupils to see the relationship of mathe­
matics to other subjects, such as geography, sci­
ence, art, music; also to show relationship of math­
ematics to the business and social world around 
them.

Exhibit “ G”



119

VIII. To develop knowledge of mathematical tables, 
charts, and instruments as time-saving and labor- 
saving devices.

IX. To cultivate such desirable characteristics as in­
tellectual honesty, industry, initiative, thrift, re­
sponsibility, and precision.

X. To train in good work habits of neatness, orderly 
arrangement of work, estimation of results, and 
checking.

XI. T6 develop an inquiring mind, to manifest a desire 
for the discovery of truth, and to persevere in at­
taining one’s objective.

While the attainment of many of these objectives de­
pends on the method of presentation of the subject matter 
and upon a wealth of incidental comments by the teachers, 
the chosen topics were considered most likely to aid in their 
accomplishment.

Specific A im s:

I. To have complete mastery of elementary work, 
especially of the addition and subtraction com­
binations and of the multiplication tables.

II. To develop a mastery of the easy use and inter­
change of common fractions, decimal fractions 
and per cent equivalents.

III. To encourage and arouse in pupils a desire to 
master those mechanical processes which have 
been troublesome to them in the past.

IV. To develop a usable knowledge of denominate 
numbers.

Exhibit “ G”



120

Exhibit “ G”

References:

R esults : Of a complete testing program

Text : Mathematics in Action by Hart, I). C. Heath and 
Company

R emedial W ork: Refresher Arithmetic by Stein, Allyn and 
Bacon Company

Forward: (Seventh Grade)

In this grade emphasis should be placed on the relation­
ship between common fractions, decimal fractions, and 
percentage. Frequent drill should be given in the funda­
mental operations, with integers, common fractions, and 
decimal fractions.

Orderly arrangement of work should be stressed at all 
times.

By encouraging pupils to estimate results and to check 
their answers, the teacher may cultivate self-reliance and 
independence in work.

Through the work in mensuration and intuitive geom­
etry, pupils should become familiar with the use of the 
ruler, protractor, and compasses; they should acquire a 
clear conception of the units of linear and square measure 
as well as an interest in the geometric forms of nature and 
art.

While the outcomes and activities should be accomplished 
by the end of the year, the procedure as recommended by 
the department is to be considered suggestive rather than 
mandatory.



121

Exhibit “ G”

Topics listed in the text under “ enrichment” are sug­
gestions for work with especially good classes that can ac­
complish more than the content offers for average classes. 
It is not expected that any class will use all of these topics, 
and many classes should not attempt to use any of this 
material.

Starred topics may be omitted for slow-moving groups. 

DIVISIONS

I. “ Fundamental operations with integers and frac­
tions”

Review and drill on fundamental operations with 
integers and common fractions; review reading and 
writing of numbers, Roman numbers, simple prob­
lems, and mensuration of the elementary grades. 
Time Allotment: First marking period.

II. “Decimal Fractions”

Decimal introduced and used in the fundamental 
operations and in problem solving. Time Allotment: 
Second marking period.

III. “ Intuitive geometry as applied to straight lines, 
rectangles, triangles, circles, and angles.” Time 
Allotment: Third and fourth periods.

Many simple problems should be introduced in con­
nection with this work which should also afford 
practice in the use of decimals and in percentage.

Mensuration including straight lines and bar graphs, 
perimeters, and area of triangles, and problems 
based on an understanding of these terms.



122

IV. “ Percentage and its application”

Percentage with its relation to common and decimal 
fractions taught and applied to problems solving: 
percentage work is limited to case one and case two. 
Time Allotment: Fifth and sixth marking periods.

Objectives:

I. Broaden the pupils experience with the forces and 
materials of his environment and to develop an at­
titude open-mindedness and a spirit of inquiry con­
cerning the nature, value, and use of Science in 
modern life.

II. Aid pupils in problem solving through induction 
and deduction.

III. Develop the ability to adapt themselves to ever 
changing world both physically and socially.

IV. The Science course should reveal to the pupil the 
possibilities in field in life vocationally and avoca- 
tionally.

V. Throughout the seventh grade, stress is constantly 
being placed on dental hygiene, selection of proper 
food at home and in the school cafeteria, and forma­
tion of such personal habits as lead to a healthy, 
happy life.

A im s:

A. Prepare a skillful arrangement of sequences both in 
pupil experiences and in ideas.

B. Select a general theme—“ Life in a changing world” .

C. Adopt an approach designed to explore and to arouse 
interest.

Exhibit “ G”



123

Exhibit “ G”

D. Make a beginning on the basic principles which under­
lie all development in a changing world.

E. Arouse mental activity through demonstrations.

F. Find the level of understanding of the seventh grade 
child and lead on with that in mind.

Gr. Stress social emphasis of science, viz: conserving ma­
terials, plants, animals, and energy.

EL Scientific study of the structure and functioning of 
the human body to provide the best basis for proper 
care of the body.

Specific Aim s:

A. Build plans around units of work.

B. Plan an approach designed to explore and to arouse 
interest involving science, biography, adventures, or 
scientific experiments.

C. Make the demonstrations spectacular as well as in­
structive.

D. Use motion picture films to clarify former instruc­
tions.

E. Conduct field trips as an activity in science, stressing 
the practical application.

F. Make notebooks based on outlets for or medium of 
worth while things for pupils to do—there should be 
a record of “ How the Pupil Thinks” .

Suggested Text: Wonderworld of Science— Supplementary: 
Science Problems, Booh I



124

Exhibit “ G”

SOCIAL SCIENCE

Objectives:

I. Development of better citizenship.

II. To study past events as a foundation of the present 
way of life as it affects the individual in our demo­
cratic society.

III. Growth in the willingness and ability to think his 
way through situations involving human relation­
ships.

IV. An understanding of world problems through the 
study of current events.

V. Ability to interpret maps and charts.

Present Textbooks: American History—Wilson, Lamb,
Yarbrough

Our Developing Civilisation—Mc­
Clure

Our World Today— Stull and Hatch

This is America’s Story—Houghton 
Mifflin Company

A World View— Sorensen: Silver
Burdett Company

Current Materials: Current Events, World News Map,
Newspaper

Other Materials: Maps, Charts, Films, Globes



125

EIGHTH GRADE 
COURSE OF STUDY

READING
Objectives:

I. Develop Personality

A. Guidance through reading

II. To make effective, efficient, and happy readers

III. To1 bring every child to highest possible potential 
level of achievement

Skills and Abilities:

I. Promote efficient word perception

A. Extending and clarifying word meaning

B. Using phonetic clues

C. Using structural analysis—identifying root 
words, prefixes and suffixes in variants and de- 
rivaties

D. Using the dictionary or glossary

II. Promote thoughtful interpretation

A. Visualizing setting, action, characters, etc.

B. Experiencing sensory images of sound, taste, 
smell, and touch

C. Integrating pictorial material and vertical text

D. Fusing ideas gained from different sources

E. Identifying and reacting to author’s mood, tone, 
purpose, or point of view

Exhibit “ G”



126

F. Recognizing the author’s organization of ideas

G. Identifying elements of style
1. Methods of characterization
2. Expressions typifying time, place, or charac­

ter
3. Rhythm and temp in poetry
4. Effective use of detail to establish an idea
5. Irony of satire
6. Foreshadowing

H. Discriminating between fiction and fact

I. Identifying types of material

J. Recognizing the motives and inner drives of 
characters

K. Rhythmical oral interpretation of poetic meter

L. Noting and interpreting figurative, idiomatic, 
and picturesque language

M. Comprehending phrase and sentence meanings

N. Perceiving relationships

O. Identifying main ideas

P. Summarizing and organizing ideas

Q. Comparing and contrasting

R. Making inferences

S. Discriminating between implied and stated facts

T. Generalizing

U. Making judgments and drawing conclusions

V. Noting details

Exhibit “ G”



127

W. Retention of ideas

X. Citing passages to verify an opinion or prove a 
point

III. Silent Reading

A. Motivation

B. Purposes—information, recreation

C. Skills—word perception, comprehension

Di Type of
1. Rapid reading
2. Study
3. Skimming

E. Work on word perception techniques

F. Exercises to improve comprehension 

Gl. Tests— Standardized and informan

IV. Oral Reading

A. Motivation

B. Purposes
1. Inform—one reads silently to get the thought; 

orally to give the thought
2. Entertain

C. Skills
1. Word perception
2. Interpretation
3. Enunciation
4. Way to stand, hold a book, face an audience
5. Emphasis on obligation of reader to audience

Exhibit “ G”



128

Exhibit “ G”

6. Emphasis on obligation of audience to reader
7. Selection of material
8. Evaluation

V. Activities

A. Forums

B. Panels

C. Dramatization

D. Book Reports—oral and written

E. Direct experience through activities in and out 
of classroom

VI. Materials

Reading is a process, not a subject. Find where the 
child is and take him on from there.

A. Tests— oral and written

B. Material especially suited for remedial purposes

C. Books including a wide range of interests and 
abilities

D. Audio-visual material, especially record player 
and records; ballads, poems, plays, etc.

E. Magazines and newspapers

F. Basal Readers are recommended if there is suffi­
cient number to take care of individual skills and 
abilities

G. Professional material for the teacher



129

ENGLISH

General Objectives:

Realizing that the pupil’s success in all other sub­
jects is, to a great extent, dependent upon his 
knowledge of English. English teachers feel a re­
sponsibility far beyond their individual classes. 
That the course in Eighth Grade English in the 
Muscogee County School District may assist in 
training our pupils to be good citizens, able to 
earn a living, able to enjoy their leisure, and pro­
vided with a substantial foundation for further 
education, the following objectives have been set 
u p :

I. To lead pupils to see the relationship of English to 
other subjects, such as civics, science, geography, 
and foreign languages; also to show relationship 
of English to the business and social world around 
them.

II. To cultivate a desirable attitude toward English 
by acquainting pupils with its importance through­
out school and the entirety of life.

III. To arouse a keen interest in English because of 
its social worth to the individual; to make pupils 
feel that, as a basis of cultivation as well as an 
interesting field of human knowledge, it is a subject 
worth learning.

IV. To give our pupils an understanding of English 
by developing an ability to choose worthwhile read­
ing matter.

Exhibit “ G”



130

Exhibit “ G”

V. To enrich and vitalize student vocabulary; to guide 
pupils to read with intelligence current periodicals 
with which the average adult comes in contact.

VI. To familiarize pupils with the heritage surround­
ing them and to introduce the esthetic side of life.

VII. To introduce pupils to the practical English, there­
by insuring them of a more solid foundation for 
their high school subjects.

VIII. To develop knowledge of diagraming as a means 
toward an end.

IX. To cultivate such desirable traits of character as 
intellectual honesty, industry, initiative, respon­
sibility, and precision.

While the attainment of these objectives depends 
on the method of presentation of the subject matter 
and upon a wealth of incidental comments by the 
teacher, the chosen topics were considered most 
likely to aid in their accomplishment.

Specific Aims:

I. To have complete mastery of elementary work, es­
pecially of the fundamentals of grammar and com­
position.

II. To develop a mastery of the easy use and inter­
change of conversation and practice in oral delivery.

III. To encourage and arouse in pupils a desire to master 
those grammatical structures which have been 
troublesome to them in the past.



131

IV. To train pupils in the use of the library (Instruc­
tion by librarian preferable.)

V. To appreciate and enjoy literature.

Suggested Text: Stoddard, Bailey, Lewis: English Grade 
8 supplemented by Almack and Stappelbach’s The Stan­
ford Speller. (The order of presentation of subject 
matter to be left to teacher’s discretion.) No literature 
book is recommended, but free and frequent use of the 
library is to be encouraged. A minimum of six annual 
book reports is required. Spelling should consume at 
least an hour per week.

Incorporated Subject Matter:

I. Oral composition. Drill in use of the telephone, 
making introductions, voice control, story telling, 
making reports (emphasis on book reports given 
orally), and reading poetry aloud. (Only the most 
obvious subdivisions have been listed. At the teach­
er’s discretion, advanced students may branch out 
from these.)

II. Grammar. Review and concentration on the parts 
of speech and the use of each in sentences. No 
method of approach is suggested, but students 
should be conscious that the knowledge of grammar 
is but a foundation for their later study of English, 
their practical usage of this subject, and their en­
joyment and satisfaction derived from literature.

III. Spelling. Care must be taken in order to insure that 
this knowledge will be carried over into other sub­
jects. Allotted time: one hour weekly, divided as 
the teacher sees best.

Exhibit “ G”



132

IV. Literature. The students are required to read and 
report on a minimum of six books annually. As 
no literature text is used, teachers must consciously 
encourage other reading; in connection with oral 
and written composition much can be done to ac­
quaint the student with library material.

V. Library training. Instruction given by the Li­
brarian.

VI. Written composition. Writing of business and social 
letters. Writing correct sentences. Paragraph con­
struction.

Notations:
Orderly arrangement of work should be stressed at all 
times.
Independent work and habits of accuracy should be ex­
pected from all pupils.

Outcomes and content as stated in this course should 
be accomplished during the year, but procedure may 
vary.

Exhibit “ G”

MATHEMATICS

Arithmetic is not a subject which lends itself to assign­
ments by segments in the graded school; neither do the 
various aspects of elementary mathematics, which include 
not only practical arithmetic but also algebra, geometry, 
and trigonometry. All are rather, methods of dealing with 
quantitative relationships which must be learned by each 
individual if he is to become efficient in this respect. To 
aid the student in realizing this during this transition period 
the following objectives have been set up.



133

Exhibit “ G”

General objectives:

I. To give our pupils an understanding of mathematics 
by developing in their minds such number concepts 
as are needed in our business and social life.

II. To enrich and vitalize the meaning of numbers by 
teaching pupils to read with intelligence the mathe­
matical terms, graphs, formulas, and expressions 
with which the average reader comes in contact.

III. To develop knowledge of mathematical tables, 
charts, and instruments as timesaving and labor- 
saving devices.

IV. To train in good work habits or neatness, orderly 
arrangements of work, estimation of results, and 
checking.

V. To emphasize the use of the formula and the equa­
tion as aids in problem solving.

VI. To extend the mensuration concepts to include cubic 
units and a very few of the metric units.

While the attainments of many of these objectives de­
pends on the methods of presentation of the subject matter 
and upon a wealth of incidental comments by the teacher, 
the chosen topics were considered most likely to aid in 
their accomplishments.

Specific Aims:

I. To have complete mastery of elementary work, es­
pecially of the addition and subtraction combina­
tions and of the multiplication tables.



134

II. To develop a mastery of the easy use and inter­
change of common fractions, decimal fractions and 
per cent equivalents.

III. To encourage and arouse in pupils a desire to mas­
ter those mechanical processes which have been 
troublesome to them in the past.

IV. To develop a usable knowledge of denominate num­
bers.

Deferences:

Eesults— of a complete testing program
Text—Mathematics in Action by Hart and John, D. C.
Heath and Company
Eemedial Work—Refresher Arithmetic by Stein, Allyn
and Bacon, Inc.

Objectives:
I. Broaden youth’s experiences with forces and ma­

terials of his environment.

II. Development of an attitude of open mindedness 
and a spirit of inquiry concerning the nature, value 
and use of science in modern life.

III. Develop appreciation of nature.

IV. Eeveal possibilities in the field of science and in 
the allied fields in life vocationally and avocation- 
ally.

V. Develop an active and wholesome participation in 
the desirable activities of life or good citizenship.

Exhibit “ G”



135

Exhibit “ G”

Aim s:

Increase appreciation and conception of the following 
by the study of :

I. Astronomy

A. Planets—particularly the earth, its origin, its 
movements and their effects upon our daily lives.

B. The moon and its gravitational effect upon the 
earth.

C. The sun as our chief source of energy.
II. Geology

A. Changes which have taken place and are taking 
place on the surface of the earth and the forces 
which caused and are causing these changes.

B. The rock cycle and classification of rocks

C. Fossils

D. Soil— types and conservation

E. Minerals and their economic importance 
III. Biology

A. Distribution and adaptation of living things on 
the earth

B. Types of reproduction of both plants and ani­
mals

C. Man’s dependence upon new living things 

IY. Physics

A. Forces and how they are used to overcome re­
sistances



136

B. Simple machines and their benefits to man

C. Kinds and forms of energy

D. Use of energy in doing work

E. Transportation on land, sea, and in the air

F. Sounds and the devices used in connection with 
sound

G. Light and the devices used in connection with 
light

H. Magnetism and electricity as a source of energy 
in communication

Suggested text:
Wonderworld of Science—Meister, Keirstead, Shoe­
maker

CIVICS

Textbooks: Building Citizenship—R. 0. Hughes, Allyn and 
Bacon, Inc., 1949
Krug and Quillen, Living In Our Communities, Scott, 
Foresman, 1947

Supplementary Texts: Working for Democracy, Democracy 
series by Bryson and Smith, Macmillan Company, 1944 
The Growth of Democracy, by McGuire and Rogers, 
Macmillan Company, 1941
Story of Georgia, Science Research Associates, 1942 
Current Events, American Education Press

Unit One:

The Good Citizen and His Community 

Unit Tw o:
Services Offered the Citizen Through the Community

Exhibit “ G”



137

Exhibit “ G”

Unit Three:

Local Government

Unit Fonr:

The State and National Government 

Unit F ive :

The Good Citizen in His Economic Life 

Unit S ix : >

Finding One’s Place in the World of Work 

Objectives:

I. That each pupil may acquire a consciousness of civic 
responsibility.

II. That each pupil may receive an appreciation and 
understanding of our democratic form of govern­
ment.

III. That each pupil may gain a working knowledge of 
local, state, and national government.

IV. That each pupil may develop an awareness of our 
responsibility as a world power through the study 
of current events in their historic and civic rela­
tionship to the past and future of our community, 
state and national life.

V. That each pupil may acquire a fundamental under­
standing of the mechanics of audio-visual aids in 
the social science field, especially maps, charts, and 
globes.



138

VI. That each pupil may be introduced to the full field 
of vocations and avocations with emphasis on the 
local level.

Teacher Objectives:

I. By example and precept, present to the child the 
challenge of group participation and responsibility.

II. In so far as possible, to actively participate in 
school and community life.

III. To serve as a laison officer between the school and 
home and community in the solution of personality 
problems and to that end collect autobiographical 
and vocational interest material on each student.

ART

Introduction:

Methods of teaching the Art should be adapted to the 
changing needs, capacities, and interests of the growing 
child. It is important, therefore, to trace the creative de­
velopment of the child in relation to each of the arts, and 
to suggest methods best suited to each age level.

Teaching Art should never be limited to a process of pass­
ing on information or skills from teacher to student. It 
should be a process of information, stimulation, encourage­
ment, or drawing art, and developing what is already within 
the student. The teacher should at all times show interest 
in the child’s work. He should respect this work, and help 
to build self-confidence. Without courage and confidence, 
Art ceases to be creative.

Exhibit “ G”



139

Exhibit “G”

At all times the teacher should stress the creative rather 
than the copying attitude. He must know design, have 
power over materials, have the enthusiasm that will stimu­
late.

Value of Art Education:

Art should promote the growth of the child’s personality, 
giving him a sensitivity and an awareness of all aspects 
of living in his social environment. The motivation for any 
creative experience should come out of the child’s life, out 
of his own social pattern, and this experience should help 
enrich his living. Everyone is endowed with potentialities 
of creative expression. Art is one means of expression. 
Art expression is one way of directing the emotions. Chil­
dren should he encouraged to tell their experiences, real 
and imaginary, their thoughts and emotions in their own 
way as much as possible. All valuable art expression is 
dependent upon experiencing, and it is essential that the 
emotional nature be stirred during the expression.

Objectives:

I. General

A. The junior high school art curriculum should be 
exploratory in scope, thus giving many oppor­
tunities for boys and girls of adolescent age to 
experiment with the different art media.

B. The junior high school art curriculum should func­
tion in making the effective use of leisure time 
valuable for creating useful and interesting 
pieces of art; thus developing creative expres­
sion and esthetic satisfaction.



140

C. The junior high school art curriculum should offer 
purposeful experiences that would enrich the life 
through the development of understanding and 
appreciation for our traditions.

II. Specific

A. To develop an appreciation, which would lead to 
sound judgment in the selection of materials used 
in everyday life.

B. To foster the student’s individuality.

C. To develop creative expression.

D. To develop skills and techniques sufficient for 
satisfying the student.

INDUSTRIAL ARTS
Text:

Industrial Arts Woodworking, John L. Feirer

Section VI — Cutting Holes—pp. 111-118

Section VII —Making Joints—pp. 119-147

Section VIII—Assembling—pp. 148-173

Section IX  —Finishing Projects—pp. 174-186

Section X  — Sharpening Tools—pp. 187-193

Section X I —Machine Woodworking— Circular Saw;
Band Saw; Jugsaw; Jointer Drill Press ; 
Sanders; Shaper, Wood Lathe;—pp. 
194-229

Section X II —Wood and Wood Products—pp. 230-249

Section X III—Projects— The Finished Product—pp. 
250-290

Exhibit “ G”



141

PRINCIPALS OF INDUSTRIAL ARTS AS A NEW 
EXPERIENCE IN A JUNIOR HIGH SCHOOL

List of Principles of Industrial Arts

These principles will be used to attain the five general ob­
jectives of Industrial Arts education in the junior high 
schools; namely,

I. Exploratory Experiences:

To provide the opportunity for the secondary school 
pupil to achieve greater knowledge in an industrial 
society by exploring many types of tools, ma­
terials, processes, products, and occupations, and 
to provide information regarding industry and 
workers.

II. Desirable Personal and Social Growth

Provide the opportunity for pupils to understand 
and formulate wholesome opinions toward integrity 
of workmanship, sanitation, housing, wages and 
hours of labor, preservation of natural resources, 
safety, and other related social and personal prob­
lems. Satisfies a desire to create useful things.

III. Avocational Interests

Provide the opportunity for the study of varied 
crafts and consider each as a prospective hobby, 
and what gains, physical, mental, and monetary may 
be achieved with this interest. Reveals employment 
opportunities offered by industry.

Exhibit “ G”



142

IV. Manipulative Experiences

Provide the opportunity for the secondary school 
pupil to achieve and maintain coordination of 
fingers, hands, eyes, and other members of the 
body with the tools, materials, and processes of our 
industrial civilization.

V. Consumer Interest
Contributes to taste and judgment of the perspec­
tive consumer.

The following list of processes and concepts (principles) 
to be accomplished to attain these objectives in the Woods 
Area of our Industrial Education.

Processes or Subject:

W ood: lumbering 
Make out bill of material 
Eeading a working drawing 
Use of the vise 
Cross-cut and Rip Saws 
Use of planes
Planning end grain with block plane
Measuring with rule
Gauging with marking gauge
Using the try-square
Drawing curves with a pair of dividers
Making templets and uses of projects
Back-sawing
Curve-sawing with coping saw or turning saw 
Filing curved surfaces

Exhibit “ G”



143

Cutting with wood chisels and gauges
Using mallet
Use of the bit brace
Boring with auger bit
Boring holes with hand drill
Countersinking a hole
Cutting with mitre box
Using the bevel for special angles
Joints: butt, screw and nail, mitre, babbett, dowel,
dovetail, and mortise and tenon
Glue
Sharpening tools with grindstone 
Clamping with hand screws and clamps 
Nails
Nailing parts together 
Setting with nail set 
Screws
Driving screws with screw driver
Screwing parts together
Dowels
Abrasives
Sanding surfaces
Crack filler and putty
Wood filler
Stain
Paint
Varnish

Exhibit “ G”



144

The following list of processes to be accomplished to obtain 
these objectives in the Metals area of our Industrial Edu­
cation.

Processes and Subjects:

Bench Work 
Care of Vise 
Hammers 
Cold Chisel 
Files
Hack Saw
Wrenches
Scriber
Layout Fluid
Emery Cloth
Wet and Dry Sandpaper

Exhibit “ G”



a

N am e o f  School 

Arnold Jr. Addition (W ) 

Baker High. Addition (W) 

Columbus High Addition (W) 

David Addition (W )

Davis Addition (N )

Eastway Addition (W )

Fourth Senior High (W)

Marshall Jr. Addition (N ) 

Eiver Eoad Addition (W)

St. Marys Addition ( W) 

Tillinghurst Addition (W) 

Weems Eoad (W )

Wesley Heights (W )

L ocation  

2011 51st Street 

1544 Benning Eoad 

1700 Cherokee Avenue 

Armour Eoad 

1822 Shepherd Drive 

Buena Vista Eoad

Clubview and 
College Drive

800 10th Avenue

516 Heath Drive

4408 St. Marys Ed.

514 Morris Eoad

Weems Eoad

Amber Drive

6 b 6 c d

N um ber D ate o f
Instr. Grades Com ple­ N um ber
Boom s Served C apacity tion S ou sed

10 8-9 250 6/1/64 250

10 9-12 250 7/1/65 250

10 9-12 250 5/1/64 250

6 K-6 180 5/1/64 180
M

6 K-6 180 8/1/64 180 ai—i
10 K-7 300 8/1/64 300 td

HH
M
CJX

52 9-12 1,275 8/1/65 1,275
tg

16 7-8 480 8/1/65 480

6 K-6 180 5/1/64 180

6 K-6 180 8/1/64 180

4 K-6 120 8/1/64 120

11 K-7 330 8/1/64 330

11 K-6 330 5/1/64 330



146

EXHIBIT “ I”

Question 21-e

Muscogee County S chool D istrict
Columbus, Georgia

September 16, 1963

A Plan to D esegregate the S chools of the Muscogee 
County School D istrict, Georgia

I.
The Board of Education of the Muscogee County School 

District, in continuation of its efforts to eliminate, with 
all deliberate speed, discrimination because of race or color 
between the pupils of the school district, hereby declares 
that it will begin to desegregate the schools of the Mus­
cogee County School District by starting in September, 
1964, with the twelfth grade, and the Board of Education 
will desegregate one lower grade each succeeding year until 
desegregation shall have been accomplished throughout the 
school district.

II.

The Board of Education maintains that the best inter­
ests of the citizens of Muscogee County School District will 
prevail when the Board controls the assignment of pupils 
to the various school plants and facilities. The Superinten­
dent of Education is hereby directed to continue the main­
tenance of school attendance areas for each school by keep­
ing a map and word description of each attendance area. 
The Board of Education wil continue its long established 
policy of assignment of pupils to attendance areas in the 
Muscogee County School District in order to preserve the 
orderly process of administering public education.



147

III.

Pupils shall attend the school within the attendance area 
in which they reside, but transfers, upon the written request 
of a pupil and his parents or his legal guardian or upon 
the discretion of the Superintendent of Education, may be 
made, without regard to race or color, whenever it is in 
the interest of the pupil or the efficient administration of 
the Muscogee County School District.

IV.
The Board of Education hereby establishes February 

1-15, 1964, as the period in which to receive written appli­
cations from pupils and parents or legal guardians for 
transfers and reassignments to the twelfth grade of a high 
school other than the one to which the pupil is currently 
assigned in the Muscogee County School District. The 
written applications setting forth reasons for transfers and 
reassignments will be evaluated and either approved or 
disapproved by the Superintendent of Education no later 
than March 15, 1964, and written notice mailed to parents 
at the address shown on written application no later than 
ten days after the decision by the Superintendent of Edu­
cation. The pupil and parents or legal guardian may ap­
peal in writing the decision of the Superintendent of Edu­
cation no later than the regular April meeting of the Board 
of Education. The final decision of the Board of Education 
will be made no later than May 1, 1964, and the pupil and 
parents or legal guardian will be given written notice at 
the address shown on written application of the decision 
by the Board of Education within fifteen days.

Exhibit “I”



148

V.

The Board of Education will consider written applica­
tions for transfers and reassignments for new pupils mov­
ing into the school district after February 15,1964, no later 
than August 1, 1964. All pupils must accept the original 
assignment to the school within the attendance area in 
which the pupil resides, but will be permitted to file written 
application for transfer and reassignment to the twelfth 
grade of another school by the Superintendent of Educa­
tion.

VI.
All newcomers moving into the Muscogee County School 

District after August 1, 1964, must register and attend the 
school in the attendance area in which they reside, but may 
file written application with the Superintendent of Educa­
tion for transfer and reassignment to the twelfth grade of 
another school. Such written applications will be processed 
as expeditiously as possible by the Superintendent of Edu­
cation.

VII.

All hardship cases, upon written application and full ex­
planation of the facts in the case, will be given full and 
sympathetic consideration by the Superintendent of Edu­
cation and the Board of Education.

VIII.

In the administration of this plan the Superintendent of 
Education is directed to take into consideration all criteria 
that may affect the best interest and welfare of the pupils 
and the efficient administration of public education in the

Exhibit “ I”



149

Exhibit “ I ”

Muscogee County School District, but no consideration 
shall be given to the race or color of any pupil.

IX.

The same procedure for filing written applications for 
transfers and reassignments and approving or disapprov­
ing such written applications for transfers and reassign­
ments will prevail in 1965 and each year thereafter as out­
lined for the school year beginning September, 1964.

X.

The Board of Education, in its discretion, may revise, 
change, or amend these rules and regulations or any one 
of them.



150

[Caption Omitted]

Transcript of Hearing

Non-Jury Before:

H onorable J. R obert E lliott,
United States District Judge.

A t: Columbus, Georgia, 
April 1,1964.

A p p e a r a n c e s :

For Plaintiffs:

Mr. D onald L. H ollowell,
859]/2 Hunter St. N. W.,
Atlanta, Georgia.

Mr. George Smith,
10 Columbus Circle,
New York 19, N. Y.

Mr. A lbert W. T hompson,
24% E. 10th Street,
Columbus, Georgia.

For Defendants:

Mr. J. Madden H atcher,
Mr. A. J. Land,
Hatcher, Stubbs, Land & Rothschild,
Empire Building, Columbus, Ga.



151

Proceedings

Columbus, Georgia 9 :3Q A. M. April 1, 1964

The Court: Civil Action No. 991, Janis A. Bryan, and 
others, Plaintiffs, v. Board of Education of Muscogee 
County School District, and others.

This case was originally set for trial on February 17, 
1964 and was postponed, the hearing set at that time was 
postponed at the request of counsel for the Plaintiffs. It 
was again set for hearing on March 31, 1964 and was again 
postponed until this date at the request of counsel for the 
Plaintiffs.

I now inquire of counsel for the Plaintiffs if they an­
nounce ready to proceed at this time.

Mr. Holloweli: The Plaintiff is ready, Tour Honor.
The Court: Is the Defendant ready, Mr. Hatcher? Are 

the Defendants ready?
Mr. Hatcher: We are, Your Honor.
The Court: All right, now in order that the procedure 

here may be expedited—
Mr. Holloweli: Your Honor, I ’m wondering if perhaps 

the Court would let us interject for the record, so that 
the record will be clear, we would like for the record to 
show the name of Mr. Albert W. Thompson as also being 
of counsel in this case for the Plaintiffs; and we would like 
to introduce to the Court Mr. George Smith of the New 
York Bar, a member of the Second Circuit, who has worked 
on the case.

The Court: All right, sir. I notice the presence of Mr. 
Madden Hatcher and Mr. A. J. Land, who, I presume, are 
appearing as counsel for all of the Defendants in the case?

Mr. Hatcher: Yes sir.
The Court: And the record will indicate their appear­

ance for the Defendants.
Now, in order to expedite the hearing of this matter, I 

wish to state what my impression of the posture of the ease



152

is and counsel for the Plaintiffs and counsel for the De­
fendants will give heed to what I have to say; and, after 
the Court has concluded its resume, I will hear from coun­
sel as to whether they agree with my evaluation of the 
issues and they may make such suggestions as to any modi­
fication or any difference as they see it in what we are here 
to determine, all wdth the idea of expediting the hearing on 
the matter, so that we won’t waste time on needless fea­
tures, and so that we can simply dwTell on what is necessary 
to dwell on in order to bring the hearing to a conclusion.

Now, the Plaintiffs have filed this action in this Court 
pursuant to the provisions of certain sections of the United 
States Code and certain constitutional provisions, wdiieh 
are referred to in paragraph 1 of the complaint, and they 
bring this suit against the Board of Education of Muscogee 
County School District, and they also name certain indi­
viduals in their official capacities as parties defendant; 
and they allege that they bring this action for the purpose 
of obtaining an order or orders from this Court requiring 
the Defendants to cease the operation of what is described 
as a biracial or a dual school system in Muscogee County.

Now, the Plaintiffs’ names are set out in the complaint 
and they allege in paragraph 3 of the complaint that they 
are members of the Negro race and that they are indi­
vidually entitled to the relief which they seek and they con­
tend that they bring this action as a class action on behalf 
of themselves, as well as on behalf of all others similarly 
situated in the community. In other words, it is denomi­
nated as a class action, and they contend that they fairly 
represent the class and the interests of the class re­
ferred to.

And it is contended in paragraph 4 of the complaint that 
the Defendants are charged wdth the responsibility of oper­
ating a public school system in this County.

Posture of Case



153

In paragraph 5 it is charged that the Defendants, in 
such capacity as the persons responsible for the operation 
of the school system, operate the school system on a basis 
which discriminates against the Plaintiffs and others simi­
larly situated because of their race or color, in that it is 
contended that they maintain some schools which are oper­
ated solely for white children and some schools which 
are operated solely for Negro children. It is also alleged 
in that paragraph that schools operated for white children 
are superior and that the schools operated for Negro chil­
dren are inferior.

They contend that the Defendants operate a dual school 
zone and attendance areas for white and Negro pupils, and 
that the elementary schools are so operated as to feed into, 
the Negro elementary schools feed into Negro junior high 
schools and senior high schools, and the white elementary 
schools likewise feed into white junior and senior high 
schools. It is also contended in that paragraph that 
teachers and principals and other professional personnel 
are assigned on the basis of race, such persons of the Negro 
race being assigned to Negro schools and persons of the 
white race being assigned to the white schools. And it also 
complains that bus transportation is provided on a ra­
cially segregated basis and that extracurricular activities 
are carried on in a like manner.

Paragraph 6 of the complaint alleges generally that the 
Defendants operate the schools under budgets which are 
set up on a racially discriminatory basis and that all new 
school construction plans are based upon the continuance 
of a racially discriminatory system.

Paragraph 7 of the complaint contends that the Defen­
dants on several occasions have been put on notice by the 
Plaintiffs and members of their class that they wish the

Posture of Case



154

schools desegregated in this County, and in paragraph 8 it 
is contended that the Plaintiffs themselves have attempted 
to enroll their children in white schools but to no avail, 
alleging with some particularity when some of these at­
tempts were made.

Paragraph 9 also sets forth alleged efforts on the part 
of the Plaintiffs to bring about an end to the biracial sys­
tem and alleges that the Defendant Board of Education 
is on record as opposing any desegregation of the Mus­
cogee County public schools and refusing to initiate deseg­
regation unless such action is required by order of this 
court.

Paragraph 10 of the complaint alleges that the policy, 
custom, practice and usage of the Board in requiring the 
Plaintiffs to attend Negro schools as distinguished from 
white schools violate certain constitutional rights which 
are guaranteed by the Fourteenth Amendment to the Con­
stitution of the United States.

Paragraph 11 alleges that Plaintiffs and others in that 
class similarly situated have suffered and will continue to 
suffer irreparable injury and harm, unless they are given 
relief by appropriate order of this Court; and the com­
plaint prays, being supplemented by a prayer for prelimi­
nary injunction, the complaint in general prays for an 
injunction forbidding the operation of a system which takes 
race into account in any respect. In other words, that’s the 
first prayer of the complaint, for immediate injunction 
which would completely do away with the operation of a 
system which incorporates any consideration of race what­
ever in the operation of the system; or, in the alternative, 
the complaint prays for a decree to be issued by this Court, 
directing the Defendants to submit a plan for desegrega­
tion of the system in conformity with the requirements of

Posture of Case



155

the decision of the United States Supreme Court in Brown 
v. Topeka, and other cases.

Now, you understand I have not tried to detail every­
thing that is in the complaint. All I ’m trying to do is to 
get the matter in general focus so we can come to an under­
standing as to what we’ve got to consider.

Now, the Defendants, in response to the complaint which 
has been filed by the Plaintiffs, have come into court within 
the time prescribed by the rules of the court and they make 
certain admissions and they make certain denials to the 
matters which are referred to in the complaint.

First, the Defendants admit that this Court has juris­
diction of the subject matter of this suit.

They admit that the Plaintiffs are members of the Negro 
race, and that this is a class action.
- They admit that the Muscogee County Board of Educa­
tion maintains and generally supervises the public schools 
in Muscogee County, and they admit further that the indi­
viduals who are named as parties defendant occupy the 
official positions which are ascribed to them in the com­
plaint.

They further admit that prior to September, 1963 the 
Board operated separate facilities for white and Negro 
pupils.

They further admit that the Board presently maintains 
41 schools which are staffed by white personnel and at­
tended by white children, and 18 schools staffed by Negro 
personnel and attended by Negro children.

They further admit that each of the elementary schools 
which are under their supervision have a defined attend­
ance area and that the Negro elementary schools feed into 
Negro junior and senior high schools, and the white ele­
mentary schools feed into white junior and senior high 
schools.

Posture of Case



156

The Defendants further admit that only white educa­
tional personnel and supervisors are assigned to white 
schools and only Negro educational personnel and super­
visors are assigned to Negro schools.

They further admit that bus transportation is provided 
and extracurricular activities are carried on on a racially 
segregated basis.

Now, those are the things which the Defendants admit, 
as I interpret the answer which has been filed by the De­
fendants.

Now, these things the Defendants deny:
The Defendants deny that all of the Plaintiffs named in 

this complaint reside in Muscogee County.
They deny that all of the Plaintiffs are eligible to attend 

the schools in Muscogee County.
They deny that the present policy, practice, custom and 

usage of the Defendants would prevent all Negro children 
from attending integrated classes.

They deny that the Negro schools are inferior to the 
white schools.

They deny that the budgets, which are set up by the De­
fendants for the operation of the school system, contain 
racial designations based on the fact that there is in opera­
tion a biracial school system. They contend further in their 
answer that race is not considered in the preparation of 
the school budgets and that there is no distinction between 
the expenditures of funds for white schools and for colored 
schools or Negro schools as they are referred to in the 
complaint.

They further deny in their answer that the Board has on 
several occasions been placed on notice that Plaintiffs and 
members of their class wish to have the Muscogee County 
public schools desegregated.

Posture of Case



157

They further deny that the Plaintiffs have attempted to 
enroll their children at the times and in the manner which 
is alleged in paragraph 8 of the complaint. They admit 
that certain communications have been received but they 
deny the facts as alleged in paragraph 8 of the complaint.

Further, the Defendants deny that they are on record as 
refusing to initiate desegregation unless required to do so 
by this Court’s order.

Now, further in their answer the Defendants allege af­
firmatively that the Defendants have heretofore adopted 
in good faith a comprehensive plan to desegregate the pub­
lic schools of Muscogee County in a manner deemed to be 
in the best interest of all of the pupils of the school system, 
and they have attached a copy of this plan to the answer 
which the Defendants have filed; so that the plan is now 
before the Court and counsel for the Plaintiffs, of course, 
have had the benefit of that information since the answer 
was filed.

The Defendants further allege affirmatively that that in 
August of 1963 the Board integrated the public libraries of 
the school system and, beginning with the fall term of 1963, 
began having integrated meetings of all school principals.

It is further alleged by the Defendants affirmatively that 
the plan already adopted by the Board for the desegrega­
tion of the public school system of Muscogee County is in 
compliance with the constitutional requirements referred 
to in the Plaintiffs’ complaint, and is further in conformity 
with decisions of the Federal courts with respect to such 
matters.

Finally, the Defendants contend that no injunction is 
necessary and in their prayers they ask that the plan for 
desegregation of the sysem, which has already been 
adopted by the Board, be approved by this Court.

Posture of Case



158

Now, both the Plaintiffs and the Defendants join in one 
request. Both Plaintiffs and the Defendants ask that this 
Court retain jurisdiction of this matter until such order 
or orders as has been or have been entered, or until such 
plan as is approved has been fully implemented by the 
Board. The Plaintiffs ask that that be done and the De- 
fandants likewise ask that this Court retain jurisdiction.

Now, as I stated initially, this is the Court’s estimate of 
the posture of the case at this time. So, we see that there 
are many things, many things concerning which there is 
no disagreement; there are some things concerning which 
there is diversity. So, having in mind what the Court has 
said, I now would like to hear from counsel, first I will 
hear from counsel for the Plaintiffs, as to whether they 
wish to make any comment as to whether I have incorrectly 
assessed or inadequately assessed the posture of the case 
at this time, and then I ’ll hear from counsel for the De­
fendants.

Mr. Hollowell: May it please the Court, Your Honor has, 
I think, generally covered the allegations and admissions 
and denials as made by the pleadings and further I think 
certainly posturizes the case, so that it may well be possible 
that we might even make other stipulations, which might 
shorten the matter.

And while I ’m on my feet, it may be, for instance, that 
we might stipulate that the interrogatories and the answers 
to the interrogatories may be made a part of the evidence 
in the case. This, I think, would certainly limit the scope 
of any examination that might be made.

There may even be other stipulations that might be had 
after we hear what comments perhaps that the counsel for 
the Defendants might make. That is to say, of course, that 
perhaps neither side agrees with all of the allegations one

Posture of Case



159

way or another are true. Certainly there are many admis­
sions which I think ought to shorten the hearing.

The Court: All right, Mr. Land or Mr. Hatcher, what 
comments do you have to make concerning the posture of 
the case as outlined by the Court?

Mr. Hatcher: Your Honor, it seems to me that the ques­
tion before the Court is whether the plan adopted by the 
Muscogee County School Board is adequate compliance 
with the law, and that is the sole question, it appears to 
me. I think that the Plaintiffs in their motion for prelimi­
nary injunction “ pray further that the Court direct the De­
fendants to produce such additional plan and that this 
Court will retain jurisdiction pending approval of the 
plan.”

We think that the plaintiffs’ prayers are to that effect, 
that they ask the Court to either approve or disapprove the 
plan which we’ve adopted, and that seems to me to be the 
sole issue in the case.

The Court: Is it agreeable with you, Mr. Hatcher, to 
follow the suggestion made by Mr. Hollowell that the in­
terrogatories which were propounded earlier by the Plain­
tiffs to the Defendants and the answers thereto made by 
the Defendants be made a part of the record in the case 
and considered as evidence in the case?

Mr. Hatcher: We have no objection to their introducing 
the interrogatories in evidence.

The Court: Well, if it’s agreeable with both sides then, 
it’s certainly agreeable with the Court, and the interroga­
tories propounded and the answers made thereto are now 
considered a part of the record and part of the evidence in 
the case; and that in itself should greatly simplify and ex­
pedite the conclusion of the hearing, because I have read 
the interrogatories and I have read the answers; and it

Posture of Case



160

Stipulation

seems to me that the interrogatories and the answers con­
tain certainly, if not all, practically all of the information 
that would be pertinent in consideration of this matter. I 
realize there are some fringe things that maybe are not 
explicit, but certainly 95 per cent, of what’s involved is 
covered by the interrogatories and the answers.

So, with that understanding now that the interroga­
tories and the answers are in evidence and, of course, the 
plan which the Board alleges it adopted last August or 
September, whenever it was, is a part of the interroga­
tories. It, not only is attached to the Defendants’ answer, 
but it is attached as an exhibit in answering one of the 
interrogatories. So, the plan is before the Court.

So, as Mr. Hatcher says, it seems to me, unless somebody 
wants to put on some specific evidence of some kind which 
is not covered by the interrogatories, that we are in posi­
tion to largely eliminate the necessity of taking any further 
testimony; but I ’ll leave that up to counsel, of course.

The Court: All right, you may proceed.
Mr. Hollowell: May it please the Court, I might suggest 

that there could be one other stipulation. I have not had 
the occasion to talk with Mr. Land and Mr. Hatcher about 
this point. One of the allegations was to the effect, that is 
one of the allegations in the answer, was to the effect that 
they deny, the Defendants deny that all of the Plaintiffs 
were entitled to go to the schools of the public system of 
Muscogee County.

And I might state for the record that we plan to move 
the dropping of the Bryan children and, therefore, that 
would mean that we would be dealing with the Lockett chil­
dren; and I want to know from counsel for the Defendant 
whether or not they would be in a position to stipulate 
that the Plaintiffs who are the Locket children are residents



161

Stipulation

of the County and City and are legally entitled to attend 
the public schools of this County?

Mr. Hatcher: We stipulate that, may it please the Court.
The Court: All right, the names of Janis A. Bryan and 

Deirdre I. Bryan, minors, by Helen M. Bryan, their 
mother and next friend, they are stricken as parties plain­
tiff, and it is stipulated that the remaining parties plaintiff, 
Jerry L. Lockett, Gwendolyn Lockett and Jim H. Lockett, 
Jr., minors, by Amanda Lockett, their mother and next 
friend, §.re proper parties plaintiff, in that they are resi­
dents of Muscogee County and entitled to attend the public 
schools of Muscogee County.

Mr, Hatcher: If the Court please, I would like to ask 
counsel for the Plaintiff if this hearing could not be stipu­
lated as a final hearing in this case and all of the facts be 
produced at this time. I see no reason for any further ad­
ditional hearing in the matter.

Mr. Hollowell: May it please the Court, as we reevaluate 
the comments made by the Court and with the stipulations 
which have been made, it appears that the matter boils 
down to what kind of system does the Board actually oper­
ate and whether or not the plan is inadequate. These are 
the two things that I think are before us and I think that 
certainly the suggestion made by counsel for Defendants is 
a most appropriate one, and we would be agreeable to that, 
provided that we could get together on some period of time 
in addition, in which both sides might have to put in any 
additional evidence, which might take the form of deposi­
tions or maybe some subsequent interrogatories in the 
case, if it is found that something develops at this hearing 
which would not be completely clear and there might be 
some evidence submitted in this form. I do not feel that 
there would be any necessity for any other hearing. There-



162

Colloquy

fore, if say perhaps we had maybe 20 days in which to sub­
mit any additional evidence that either side might want to 
submit as a result of information which came out of the 
hearing, then I believe we would have no objection to let­
ting this be a final hearing.

The Court: Well, I have in mind that any evidence that 
is to be introduced by either side will be introduced today. 
I don’t have in mind having a hearing in stages. This mat­
ter was set down for hearing at this time.

Mr. Hollowell: If the Court please —excuse me—I wasn’t 
suggesting that but I thought I made it clear to the Court 
that I certainly did not anticipate that there would be any 
necessity for any other hearing. I was just suggesting that 
there might be, growing out of this hearing on preliminary 
injunction, that there might be something developed that we 
might want to investigate and would want some time in 
which to put in something additional, either by way of affi­
davit or by way of perhaps depositions or something of 
this sort. I don’t know that anything like that will develop 
but I thought we ought to leave that open for either side.

The Court: Well, let’s just don’t agree on anything about 
it at the moment then and see what develops because, as I 
say, it is my intention to conclude the hearing today or to 
conclude the hearing at this sitting and not have it in 
stages.

All right, with all of that in mind now, the stiplations 
that have been entered into and the comments of counsel 
as made, do you wish to put in any evidence in addition to 
the interrogatories and the answers in behalf of the Plain­
tiffs?

Mr. Hollowell: Yes, Your Honor, we would like to call 
Mr. Shaw under Rule 43(b).

The Court: All right, Mr. Shaw, you will take the stand 
and be sworn, please, sir.



163

Dr. W. H. Shaw, called by the Plaintiffs under Federal 
Rules, being first duly sworn, testified on

Examination by Mr. Smith:

Q. Sir, yonld you state your full name, please1? A. Wil­
liam Henry Shaw.

Q. And what is your position? A. I ’m the Superinten­
dent of Education of Muscogee County School District.

Q. How long have you been in that position? A. I came 
to Columbus in 1945 in that position and on January 1, 
1950 the County and City schools were merged and I have 
continued in that position until this date.

Q. I see. And before 1945 you were not in Columbus, 
Georgia? A. Before 1945 I was not in Columbus.

Q. Now, sir, could you explain how a child enters the 
Muscogee County school system and is assigned to a school, 
a child say in the kindergarten; what is the procedure for 
his assignment to a school? A. When a child enters the 
public schools of this County for the first time, they enter 
the school according to the attendance area in which they 
have residence.

Q. I see, and do you publish the attendance areas? A. 
We publish the attendance areas once a year in the local 
newspapers.

Q. And these are divided on the basis of race, these at­
tendances areas ? A. They have been up until now because 
we have admitted to you that we operated a segregated 
school system.

Q. Now, as a result of your desegregation plan, how will 
this be changed? A. It will be altered year by year as each 
grade comes into the plan to be desegregated.

Q. Now, could you tell us what the plan is for September

Dr. W. 11. Shaw—for Plaintiffs—Cross



164

of 1964? A. Yes, the plan is set forth very explicitly that 
the 21th grade will be desegregated as of September, 1964.

Q. I see, and what does a Negro child have to do, in 
order to attend a previously all white school? A. He would 
have to do the same thing that a white child would do to 
attend any other school. They will have to make applica­
tion and they will have to qualify to be in the 12th grade, 
according to the standards of the school to which he wishes 
to apply.

Q. And how is this application made? A. It’s made in 
written form. We furnish an application to any child who 
wishes to make transfer.

Q. Now, do you have any set period of time for this ap­
plication? A. Yes, that’s set forth in the plan, February 1 
to February 15.

Q. So, that period has already passed? A. That period 
has already passed.

Q. Now, what did you do to publish this procedure, so 
that Negro parents might know that they could attend pre­
viously all white schools? A. It was published in the local 
newspapers and in the radio and television, and all of the 
children in the 11th grades in the 5 high schools were called 
into session and the instructions were given to them that 
they would have this privilege; and they were furnished 
the copies of applications to take home to their parents.

Q. Now, was this procedure taken with regard to Negro 
children or was it with regard to every one in the school 
system? A. All high school children, both white and 
Negro, in the five high schools were given the same instruc­
tions.

Q. So, ever since February 15 it was not possible any 
longer for any child to transfer to another school? A.

Dr. W. E. Shaw—for Plaintiffs—Cross



165

Those who were currently situated in the 11th grades, the 
time expired on February 15.

Q. Now, the procedure here, what has been the pro­
cedure with regard to transfer? Was a child permitted to 
transfer at any time? A. No, not at any tme but they could 
request any time they wanted to, but they were not neces­
sarily permitted at any time.

Q. Now, as to those students who did not apply for trans­
fer, what is the procedure for placing them in the 12th 
grade next year? Do they follow the procedure of the pre­
vious years with regard to attendance areas or what? A. 
The children who failed this February 1 to 15 and are in 
the 11th grade have forfeited any further right, white or 
Negro, to make a transfer to another school within the 
County as of September.

Q. I see, so they will go to schools that they have pre­
viously gone to? A. That’s right.

Q. Have you done anything to change the attendance 
areas? A. The attendance areas have not been fixed for 
next year.

Q. I see, and when will they be fixed? A. We usually 
publish those in the newspapers. We fix them about June 
and they’re usually published in August.

Q. Now, sir, as of previous years, it was possible for 
one Negro child in one section of the city to pass a white 
high school to go to to to a Negro high school, and also for 
a white child to pass a Negro high school to go to a white 
high school; is that a fact, is that a fair statement? A. 
That would have been possible but it was not very probably 
that that would have happened, unless they went out of 
their way to do so.

Q. But that has happened with regard to some children 
in the past? A. Under the segregated system, I ’m not—I 
would say yes, that probably could have happened.

Dr. W. 11. Shaw—for Plaintiffs—Cross



166

Q. Now, is there anything in this plan which will do away 
with this? In other words, is there anything in the plan 
which will make attendance of schools based completely on 
say the area or proximity to the school? A. You haven’t 
framed that question very well. If you’ll restate it, I ’ll see 
if I can answer it.

Q. What I ’m interested in is this: With regard to the 
school year 1964-65, have you changed or does the School 
Board contemplate changing the attendance areas, in order 
that children entering the 12th grade or the high schools 
will attend the school nearest their homes? A. The Musco­
gee County, which is comprised of 220 square miles, 
comprises one high school district for whites under the seg­
regated system and one high school district for the Negroes 
under the segregated system. Beginning with September, 
1964, the entire County will be one high school district so 
far as the 12th grade students are concerned.

Q. But the only difference between 1964, between Sep­
tember, 1964 and September, 1963, with respect to children 
attending high schools, is that people who wanted to trans­
fer, made application between February 1 and 15th to 
transfer? A. Yes, and many others who come into the 
County for the first time will have that privilege under the 
plan too, later.

Q. Any one coming into the County? A. Any one moving 
into the County will have that privilege up until August 1 
and then another period August 1 to school actually opens, 
when we get most of the influx of new pupils; they will 
have the privilege to apply.

Q. They will be the only people who will be able to trans­
fer? A. Yes, because the others have had their opportun­
ity to transfer.

Dr. W. H. Shaw—for Plaintiffs—Cross



167

Q. Now, when the application for transfer is made, what 
are the criteria on which it is decided to allow a child to 
transfer to another school? A. Two things: First, they 
must apply; and, second, they mnst have sufficient credits 
to be classified in the 12th Grade.

Q. And these are the only criteria? A. Yes. Well, they 
have to live in the County.

Q. Now, in previous years, as far as transfers are con­
cerned, are these the only two criteria? A. Yes, as far as 
I can remember, that’s the only things we’ve ever required 
for a Negro to transfer from Spencer to Carver or for a 
white student to transfer from Columbus to Jordan, or 
vice versa, those two things. They must be enrolled in the 
school, they must apply and they must have sufficient cred­
its to be classified in the grade they wish to move into.

Q. Now, sir, you have a vocational high school for white 
students; is that the Jordan Vocation High School? A. 
It’s called Jordan (pronouncing Jerden here).

Q. J-e-r-d-e-n (spelling) ? A. No, it’s spelled the very 
same way that you pronounced Jordan but in this com­
munity it’s known as the Jordan (Jerden) Vocational 
High School.

Q. Now, do you have a high school, a vocational high 
school for Negro students? A. We do not have a school 
that carries the title “vocational” , but the Spencer High 
School has a vocational department, and there are certain 
vocational classes in the Carver High School.

Q. Now, there are courses given at the Jordan School 
which are not given at the Spencer vocation school, isn’t 
that true? A. That is true and there are some given at 
Spencer not given at Jordan.

Q. Now, with regard to—Do you know which courses 
these are, which courses are given at one school and not at

Dr. W. H. Shaw—for Plaintiffs—Cross



168

the other? A. No, but if you want to take the time, we can 
open the course of study which we furnished you and you 
can compare them to see exactly which they are. There’s a 
long list of courses. If you’ll look in the course of study, 
the master course, the master list of courses that are given 
in the County schools are listed; and any high school who 
has enough students wanting those courses may request 
the Board to employ teachers and provide facilities for that 
course in their school.

Q. Now, with regard to other high schools, with regard 
to the non-vocational high schools, isn’t it a fact that in the 
Negro high schools, in the first year of high school, you do 
not teach language but you do in the white schools? A. We 
teach the language whenever the principal and the teachers 
say they have enough students to teach it. They determine 
when they give the language.

Q. But you have not in previous years taught at the 
Negro schools in the first year of high school any language, 
such as Latin, French or Spanish? A. Well, if they had 
enough students that requested it, they had it. We could 
look in the course of study that’s outlined there for you by 
schools, and you can see whether they have it for this cur­
rent year. We publish this bulletin each year, if you would 
like to look at that; we can examine that and see. It’s 
question No. 16 in your interrogatories and the bulletin 
looks like this (exhibiting).

Q. Yes, I have a copy of it? A. Now, your specific ques­
tion on that would pertain to which school.

Q. Well, let’s take both the Spencer and Carver high 
schools? A. Well, let’s take one at the time.

Q. Now, at the Spencer High School, do you give a lan­
guage in the freshman year of that high school? A. It ap­
pears that the principals and teachers do not have a need

Dr. W. H. Shaw—for Plaintiffs—Cross



169

as expressed by their students for it the first year. If they 
had, they could go back to page 4 and you’ll find the courses 
that they could have given, if they felt their students signed 
up for it and wanted it.

Q. And this is also true of the Carver High School! A. 
That is true of Carver High School. They could give any 
course offered on pages 4 and 5 that they wanted to offer.

Q. Now, continuing along this line, on page 6 at the Co­
lumbus High School, the languages at the Columbus High 
School go into the third and fourth years, and this is not 
true of any Negro high school! A. They have not elected 
to take it.

Q. Now, at the Columbus High School in the junior year 
you also give courses in physics, anatomy and physiology; 
now, are these courses given at the Negro high schools, 
Carver and Spencer! A. Well, we’d have to examine that 
and see. They’re listed in the master list offered on pages 
4 and 5 and they could give them if they had enough stu­
dents to ask for them.

Q. But they have not been given this year! A. Well, 
let’s see if they have. You said that was in the junior year, 
and which courses did you have!

Q„ They were physics and anatomy and physiology! A. 
Physics is offered in the junior year at Spencer, if you’ll 
look on page 9 you’ll find it in column 1 about midway down 
under the junior year.

Q. How about anatomy and physiology! A. I do not see 
those listed; likewise, I do not see cosmotology listed at 
Columbus High but it is listed at Spencer.

Q. Now, do you have a program of new school construc­
tion now! Ho you have a program of new school construc­
tion now in progress! A. Yes.

Dr. W. H. Shaw—for Plaintiffs—Cross



170

Q. Offhand, can you tell us how many schools are now 
being built? A. It’s listed in the interrogatories. Would 
you like to refer to that question? Well, let’s turn to it.

Q. In the interrogatories I believe you stated that there 
were two elementary schools now being built and this was 
all; are they the only ones? A. No, one of those schools, 
you’re referring only to one part of where you called for 
a list of schools. There are two. In your question 1, there 
are two that are under construction and those two were 
listed in answer 2 to your question, because they would be 
ready next year, and one of them was occupied Monday of 
this week.

Q. And which schools are they? A. Wesley Heights and 
Weems Road.

Q. Now, are there any other schools now under construc­
tion? A. Yes, there is—let’s turn to—I think we have 
those listed in the interrogatories, if you’ll turn to that 
question. I ’ll summarize for you the best I can. There are 
additions at Britt David, an addition at Columbus High, an 
addition at River Road; an addition was completed at Club- 
view during the year and has been occupied. We have 
started construction on an addition at St. Mary’s, and they 
are staking out, I believe, today the foundation for a new 
senior high school in the County. Now, we answered your 
interrogatories, which said “What do you contemplate” 
and we listed those for you. Maybe that’s what you were 
getting at. I may be able to turn to those for you. If you’ll 
turn to Exhibit “H ” , that may be what you want, Question 
19: would you see if that’s what you have in mind?

Q. Now, turning to another area— A. Does that answer 
your question?

Q. Yes sir, it does, thank you. What reasons are there 
for limiting desegregation to the 12th grade next year? A.

Dr. W. H. Shaw—for Plaintiffs—Cross



171

I believe that’s answered in one of yonr interrogatories 
too. Shall we turn to that?

Q. Well, I would like for you to answer it? A. I did an­
swer it.

The Court: You can read it.

By Mr. Smith:

Q. Could you answer it now? A. Well, let’s turn to it 
and read it. I believe that’s your interrogatory #21, I be­
lieve ?

Mr. Land: Interrogatory No. 24.
The Witness: What page ?
Mr. Land: Page 8 ,1 believe.
The Witness: It’s interrogatory No. 24, Mr.

Smith. Your Honor, would you like for me to read 
that?

By Mr. Smith:

Q. Now, could you sort of summarize for us what the 
reasons are?

The Court: You can do either way you want to, 
Mr. Shaw. He’s asked you what your reasons were 
and you can read it right out of the answers to the 
interrogatories or you can state it in some other 
way, of your own choice; just take your own choice 
as to how you do it.

The Witness: We believe, and I ’m speaking not 
only for myself but for the 15 members of the Board 
of Education, “We believe that it is the duty of the 
Muscogee County Board of Education to give each 
child in its schools the best education which it can 
provide with the funds and facilities available to it.

Dr. W. H. Shaw—for Plaintiffs—Cross



172

“ We believe that it is the duty of the Board to 
complete the desegregation of the schools in the 
County as soon as reasonably possible without dis­
rupting and seriously interfering with the education 
which it provided.

“We believe that complete desegregation of all 
classes in the System at one time or during one 
year”—and this is in specific answer to your ques­
tion—“would produce chaois and seriously impair 
the education of each child in the community.

“ There are many problems relating to housing, 
transportation and administration, some of which 
cannot be foreseen and are not yet known, which 
will require time to solve and work out in an effi­
cient manner. Besides these problems, it is well 
known that there is a reluctance on the part of the 
tion—“would produce chaos and seriously impair 
children to attend integrated classes.” And that re­
luctance is not restricted to any one of the races. 
There’s a reluctance on the part of both white and 
Negro. “ It has been a long and universal custom in 
the South—”

Q. Excuse me—what evidence do you have of that, sir! 
A. Observation.

Q. Now, who did you ask? A. Well, you don’t have to 
ask. The fact that the reluctance factor came into being 
when they were given the opportunity and they didn’t.

Q. Now, this is the only— A. No, in interviewing and 
talking with people.

Q. WTho have you talked to? A. Oh, I have talked to 
many people.

Q. Could you name some of these people? A. Well, 
many of them.
many teachers and principals; there are 1471 of them, and

Dr. W. H. Shaw—for Plaintiffs—Cross



173

Q. Have you talked to any school children? A. I have 
not interviewed any child on this particular problem, no.

Q. Which Negro teachers have you interviewed? A. I 
have not interviewed the teachers. I have talked with white 
and Negro principals in a desegregated session on this 
topic.

Q. Which Negro principals have you talked to? A. Well, 
I didn’t make a record of which ones spoke out at the mo­
ment, but it wras in an integrated meeting of all principals, 
white and Negro?

Q. Do you remember any of them, any of the principals 
who spoke out? A. Well, I won’t name any of them at this 
moment.

Q. Do you know the names of any of them? A. Oh, I 
know all of the principals.

Q. Do you remember the name of any of the principals, 
Negro principals, who spoke out? A. Oh, I know every 
Negro principal in the County.

Q. The question is, which of these Negro principals 
spoke out? A. Well, in a discussion you do not make a rec­
ord in a discussion wThen you’re in the room with 58 people; 
you do not make a record of which one speaks.

Q. You cannot name any specific principal? A. I will not 
name any one at this moment.

Q. What about white principals ? A. No.
Q. You don’t remember any white principals who spoke 

out? A. I know every white principal and I did not keep 
any record of which ones spoke and which ones didn’t.

Q. You do not remember the names of any of these white 
principals? A. I know every wdiite principal in the County.

Q. Well, could you tell us the names of those who spoke 
out? A. No, I do not have a record of which ones spoke 
out.

Dr. W. 11. Shaw—for Plaintiffs—Cross



174

Q. All right, will you continue with the reasons? A. Do 
you remember where you interrupted me?

Q. Well, start with— A. “ It has been a long— ”
Q. “ It has been a long” ? A. “ It has been a long and uni­

versal custom in the South to provide separate schools for 
the white and Negro children. To suddenly abandon this 
way of life and to provide integrated classes for all the 
children would produce chaos and would so injure the feel­
ings and physical well-being of the children as to practi­
cally destroy or lessen their desire and ability to learn and 
study.

“ We believe if all people in this community had a com­
mon desire to desegregate the public school system of this 
County and there was no community hostility whatsoever, 
it would still require many years of gradual, persistent, 
and continuous effort to achieve complete desegregation 
without causing irreparable injury to the quality of public 
education in this County.”

Q. Now, sir, in the fourth paragraph of this statement 
you refer to “many problems relating to housing, trans­
portation and administration” : “ Will you tell us what 
those problems are? A. Yes, this system has been built 
up, new buildings constructed around a desegregated sys­
tem—

Q. Around a desegregated? A. Around a segregated 
system, and every school building is filled to capacity and 
many of them overflowing now, and you couldn’t suddenly 
change all of that without having time to work out housing 
and all of the other problems that go with taking care of 
41,000 children.

Q. I don’t follow this, sir. What does housing have to do 
with education and schools? A. Well, the schools have

Dr. W. E. Shaw—for Plaintiffs—Cross



175

been built where the children live. If you know Columbus, 
and I assume that you probably do not, then the people 
have segregated themselves by where they live. We have 
community schools. The schools have been built near the 
children.

Q. And you now bus some children from one section of 
the City to a Negro school in another section of the city, 
and white children from one section of the city to white 
schools in another section? A. Yes, that was under the 
segregated system.

Q. Now, you will still do that in September of 1964! A. 
We will still do that, with the exception of the 12th grade, 
where those who were in a Negro school, who have asked 
and have been granted transfer to a white school.

Q. All right, with regard to the vast majority of Negro 
and white children, with the exception of those four who 
made applications to transfer to white schools, this still will 
remain true in September of 1964? A. Yes, because the 
plan, which you have a copy of there, provides—

Q. Pardon me, sir, September of 1964? A. Yes, we 
found that your interrogatories said one when you prob­
ably meant another one some time too.

Q. Now, this would be true for as long as the plan exists, 
is that not true? The only change you would make would 
be with regard to those people who apply for transfer? A. 
It would not be true for the 12th grade next year. It would 
not be true for the 11th grade in 1965; it wouldn’t be true 
for the 10th grade in ’66 and so on.

Q. But it would be true insofar as no Negro children or 
no white children could make application for transfer to 
a particular school? A. If your question is, do they have 
to apply to be transferred, the answer is yes.

Dr. W. H. Shaw—for Plaintiffs—Cross



176

Q. And this goes on year after year, insofar as this plan 
contemplates; there has to be a request for transfer! A. 
Yes.

Q. And that is the only change yon will make in the 
school system! A. That is the only change that is being 
made at this time. Now, Article X  of the Plan provides 
for the Board to change this plan whenever they feel that 
it is necessary or desirable.

Q. Do yon have any contemplation of changing this now! 
A. The attendance areas have changed some practically 
every year since 1946, when this plan was inaugurated.

Q. Have changed on a racial basis! A. They have 
changed on a racial basis, yes.

Q. But you have no specific plan now in mind to change 
the original plan as you have submitted it! A. The at­
tendance areas as now constituted are placed into the hands 
of the court. I believe that’s what we were asked to do and 
they’ve been placed—we’ve furnished you with a copy of 
the attendance areas as they are now constituted. Whether 
we are allowed to change those attendance areas will prob­
ably depend upon the pleasure of this Court.

Q. No, what I ’m asking is this: Do you now contem­
plate any change in the desegregation plan for any future 
years! In other words, do you have any specific changes 
now under discussion by the Board, any changes for this 
plan! A. There is a committee on the Board that will con­
tinue to discuss and bring to the full board anything they 
think is pertinent for carrying out Article I, which is de­
claring the intent of the full board to desegregate without 
regard to race and color.

Q. Would it be a fair conclusion then that your answer to 
my question is no! A. Well, which question!

Dr. W. H. Shaw—for Plaintiffs—Cross



177

Q. The question, do you now have any other contem­
plated changes in this desegregation plan? A. The answer 
would not be no. The answer would be that we’re going to 
take care of these situations as they arise.

Q. But you do not now have under consideration any 
other change? A. We have before us now the plan which 
you have a copy of.

Q. And that’s all? A. And it provides for change.
Q. But that is all that you have? A. That’s all we have. 

If we had more, we’d present it to you.
Q. Now, in paragraph 3 of this statement, you say “ that 

complete desegregation of all classes . . . would produce 
chaos and seriously impair the education of each child in 
this community” . Will you tell us what that means? A. 
Well, I think that everybody in the courtroom is familiar 
with what has happened where communities have tried to 
go too fast with too much.

Q. What do you think will happen in Columbus or what 
do you mean by this production of chaos here in Columbus 
and Muscogee County ? A. Well, I think the same thing 
might happen here that has happened in many other places 
where they were forced to go too rapidly in making this 
change.

Q. Could you be specific, sir? A. Well, I think you could 
have strikes and demonstrations of both races and all kinds 
of confusion, school closings and people afraid to go to 
school. All kind of things could happen if it’s not done 
under an orderly process.

Q. Do you have any evidence that strikes will be in 
progress in September of 1964 or school closings because 
of desegregation? A. No, I do not have any, in mind that 
that will happen under the plan which we now propose to 
operate.

Dr. W. H. Shaw—for Plaintiffs—Cross



178

Q. Are you aware that the things that you have just 
recited as being a limiting factor on the rate of desegrega­
tion here are not things which the Supreme Court decisions 
contemplate as being relevant and germane to the desegre­
gation of schools? A. I ’ve read all of the important deci­
sions.

Q. Are you aware, sir— A. I ’m aware that some of the 
opinions said that they could not be taken into considera­
tion.

Q. Now, sir, with regard to this desegregation plan, 
when did you, when did the School Board start to discuss 
this segregation plan! When was the plan formulated! 
A. Well now, you asked two questions. You asked when 
they started to discuss and then you ask when was it for­
mulated; which question do you want answered?

Q. When did you start, when did you formulate this 
plan! A. Well, it took a long time to formulate it. It was 
actually adopted on September 16,1963.

Q. And how long before that had you started? A. Well, 
there had been some discussion going on since May 18, 
1954.

Q. And the plan was just completed on September 16, in 
September, 1963 ? A. Yes, but there were specific discus­
sions on this plan beginning in January of ’63 and con­
tinuing through until its adoption in September, on Sep­
tember 16, 1963. I think that would more specifically an­
swer your question.

Q. Now, how long do you contemplate it will take for 
desegregation, as you see it, under this plan? A. That will 
depend on the Board of Education and how well the plan 
works. They provided Article X  specifically so they could 
change this according to the needs of the time. If we come 
to September with complete acceptance and no disruption

Dr. W. H. Shaw—for Plaintiffs—Cross



179

of the educational program for the youth of this commu­
nity, the Board could then reassess its plan and could 
change it under Article X. It’s not a dead-end road that 
they’re working on.

Q. So, you’re saying the plan could be speeded up or 
slowed down? A. Yes, the Board has that power under this 
plan, provided the Court approves that plan.

Q. Now, with regard to desegregation, which you have 
referred to in your testimony, that applies only to the 12th 
grade next year; it does not refer to elementary schools or 
junior high schools or other grades other than the 12th? 
A. Our plan specifically states that we will desegregate 
the 12tli grade in ’64.

Q. And that is all? A. Well, it doesn’t say that is all. 
It says they will desegregate the 12th grade.

Q. But you will have no desegregation of elementary 
schools next year? A. There’s none contemplated at this 
time.

Q. Or junior high schools? A. None contemplated at this 
time.

Q. Or any of the other grades? A. (No answer) . . .
Q. Sir, are you familiar with the Plaintiffs in this action? 

A. I cannot hear you ; I ’m sorry.
Q. Are you familiar with the Plaintiffs in this action? 

A. What do you mean “ familiar” ?
Q. Do you know where they live? A. Yes, I know where 

they live. We made a record of it in the answer to the 
Court.

Q. Now, is there any reason why they should not be ad­
mitted to the schools of their choice in September of 1964? 
A. Yes, there is a reason under our plan.

Q. What is that reason? A. They were not in the 11th 
grade and not eligible to apply.

Dr. W. H. Shaw—for Plaintiffs—Cross



180

Q. Is there any other reason? A. Is there any other rea­
son they couldn’t attend?

Q. Yes? A. That reason within itself under our plan is 
the only reason we’d have to have.

Q. But that isn’t the question. Is there any other reason 
why they could not be admitted to the schools of their 
choice or schools to which they have requested assignment? 
A. No, we don’t need any other reasons as far as I ’m con­
cerned as administrator. That one reason; they were not 
eligible under the plan to apply.

Q. Now, you are aware, sir, that the Plaintiffs, the Lock­
ett children, are closer to the Eddy Junior High School and 
the Baker Junior High School than they are to their pres­
ent school? A. We stated that in the interrogatories to 
you.

Q. You are aware of this fact? A. Yes, I know where 
they live.

Q. And how much disparity would you say is the place 
where they live now and where they go to school now and 
in the distance between the Eddy Jr. High School and the 
Baker High School that they are closer to ? A. If they were 
attending Baker or Eddy, according to the State and local 
transportation rules, they would have to walk. As they 
now are assigned and attending Marshall and Spencer, they 
are eligible for transportation and they are transported.

Q. So, they are within walking distance of the Eddy and 
Baker schools but they are not with regard to their present 
schools, Spencer High School and the Marshall Junior 
High School? A. No, they’re eligible for transportation 
where they now live if they go to Marshall and Spencer.

Q. They live over a mile from the schools that they now 
attend? A. Yes.

Dr. W. H. Shaw—for Plaintiffs—Cross



181

Q. Now, wliat is the minimum distance that you have to 
live from a school in order to qualify for transportation? 
A. It’s stated in our answer to you but I ’ll be glad to an­
swer for you.

Q. What is it? A. One mile, if it’s an elementary school, 
and a mile and a half if it’s junior or senior high school.

Q. Now, actually the Marshall Jr. High School and the 
Spencer High School are about four miles away from the 
residence of the Lockett children? A. I have not clocked 
that mileage but they are eligible for transportation, and 
when they’re eligible for transportation, we do not go into 
anything except they’re more than a mile and a half.

Q. But you would not dispute the fact that this is true? 
A. Well, I have not measured it. I assume that you have 
because you spoke in terms of specific miles; but if they’re 
more than a mile and a half, they’re eligible for transporta­
tion and they do have transportation.

Q. Now, so far as your new school construction is con­
cerned, it is now being planned on a racial basis; is that a 
fair statement? A. It is being planned now to take care of 
the overflow of pupils according to the schools they are cur­
rently attending.

Q. For example, the Weems Road School, to which you 
referred just a few moments ago, and the Wesley Heights 
School, I believe, are now under construction? A. And 
Wesley Heights has been completed and occupied, if you’d 
like to note that, on Monday of this week.

Q. They are white schools? A. They are white schools.
Q. And your construction plan contemplates this con­

tinuing unless you have reached the level or the year of 
desegregation of that particular grade, isn’t that true? A. 
Yes, logic would command that.

Dr. W. H. Shaw—for Plaintiffs—Cross



182

Q. Would it be a fair statement sir, to say that there is 
no plan of the School Board at present which contemplates 
a unitary non-racial school system? A. There is a plan on 
file and you have a copy in your possession.

Q. In other words, you are speaking of these transfers 
or request for transfers to particular schools? A. It’s al­
ready in operation, when 8 people, 4 Negroes and 4 white, 
took advantage to request transfers on the specified dates 
and those 4, those 8, have already been passed on and their 
parents and the children have been so notified.

Q. And you construe this to be a non-racial unitary 
school system? A. That is the beginning. Those decisions 
you referred to said you must make a beginning, a start.

Q. And this is also the end as contemplated by this plan? 
A. I beg your pardon?

Q. This is also the end as well as the beginning as con­
templated by this plan? A. We haven’t contemplated the 
end. No. X  will determine the kind of an end we will come 
out with. We don’t know how many people will wish to 
avail themselves of such an integrated situation.

Q. Now, I believe you stated, sir, that Spencer does offer 
vocational courses for Negro children. Now, suppose there 
were some courses which were offered at the white voca­
tional high schools wThich were not offered at the Spencer 
School, could a person wanting to take those vocational 
courses transfer to the Jordan Vocational School? A. 
They could if they were in the 11th grade this year; and 
for your information, we didn’t have a single one to ask 
to transfer.

Q. Well, what would happen if a person in the 10th 
grade at the Spencer school wanted to take vocational 
courses which were not given at the Spencer school but 
which were offered at the Jordan Vocational School? A. 
In the 10th grade?

Dr. W. H. Shaw—for Plaintiffs—Cross



183

Q. And requested a transfer? A. In the 10th grade this 
year?

Q. In the 10th grade or going into the 10th grade? A. 
Under our plan he could not, he would not be eligible to 
request a transfer this year.

Q. And he would not be allowed to take those courses? 
A. No. Now, if those courses, you put an “ if” there, if 
those courses were given in Spencer and not given—not 
given in Spencer but were given in Jordan?

Q. Yes? A. There are some courses that are given at 
Spencer that are not given at Jordan.

Q. Well, similarly, a white student at the Jordan voca­
tional school, who did not have courses there, courses which 
were offered at Spencer, could not transfer to the Spencer 
school if he were, say in the 10th grade in September, 
1964? A. Well, to be specific, if at Jordan they wanted to 
take cosmotology and brick-laying at Spencer, they could 
not transfer if they were in the 10th grade this year.

Q. Why has there been such a limitation of technical 
vocational courses offered at Spencer school heretofore? 
A. W e’ve put in every course that the principals and 
teachers have indicated that they had a need for.

Q. In other words, in your whole system, whole school 
system, you never institute a course in a particular school 
unless you are requested to do so? A. That’s right. We 
adopt a complete list of the courses and instruct the high 
school principals that they may request and schedule any 
classes in those courses if they have a sufficient number of 
people, a sufficient number of pupils who indicate a desire 
to take them.

Q. Now, sir, heretofore up to now and even now, you 
have Negro teachers in Negro schools, Negro teachers and 
principals in Negro schools and white teachers and princi­

Dr. W. H. Shaw—for Plaintiffs—Cross



184

pals in white schools; now, does your plan contemplate 
changing any of this? A. No, this plan does not contem­
plate changing the faculties from the Negro schools to the 
white, nor the whites to the Negroes at this time.

Q. They will remain segregated? A. Well, they are seg­
regated at the present.

Q. And they will remain so? A. And there is no plan at 
this time to change that.

Q. Now, as of now, when a student enters the kinder­
garten or the first grade in the Columbus system, he is 
assigned to a school on the basis of race; you have stated 
this previously, I believe? A. He applies and is assigned 
according to his residence in the district, attendance area.

Q. According to whether that is a white area or a Negro 
area? A. Yes. It might help you if you’d look at Exhibit 
“ C” . You probably wouldn’t want me to read all of Exhibit 
“ C” now to your interrogatories, but if you look at Exhibit 
“ C” , you’ll find just how the children are originally as­
signed.

Q. Now, with regard to the transfer or students from one 
school to another under the desegregation plan, I believe 
you stated that one of the factors in determining whether 
or not you would permit him to transfer is the qualifica­
tions of that particular person? What do you mean by 
this? A. Well, if he’s asking to transfer to the 12th grade 
from Spencer to Columbus High for next year, they would 
have to have sufficient credits to be in the 12th grade, both 
at Spencer and both at Columbus High. They would have 
to qualify to be a 12th grade student next year.

Q. At both Spencer and Columbus High? A. Yes.
Q. Well, what would be the difference, would the qualifi­

cations— A. The same number of units are required at 
each school.

Dr. W. H. Shaw—for Plaintiffs—Cross



185

Q. Are there any specific courses required! In other 
words, if a Negro child wanted to go to Columbus, had not 
taken some courses offered at Columbus but not offered at 
Spencer, would this be a factor preventing his transfer? 
A. No, if he had enough credits to be a member of the 
Senior class in both schools, he would qualify for transfer.

Q. Well, what I ’m asking is this: Is there any difference 
in the qualifications for being a senior at Spencer and the 
qualifications for being a senior at Columbus High School? 
A. Not as far as total number of high school units or cred­
its are concerned.

Q. So, in other words— A. Both require 18 credits for 
graduation.

Q. Of whatever courses, just 18 credits? A. Yes, what­
ever combination. Now, the guidance people in one school 
may have some different way of guiding children. Colleges, 
for instance, will not give credit for one year of a language 
and sometimes a child will take first year language and 
make a “ D” on it and they know they don’t have an oppor­
tunity to take the second year and pass it, so they won’t 
take it. Now, that can count for graduation credit but the 
colleges then won’t give credit for one year of a foreign 
language.

Q. So, you’re saying there are really no differences ex­
cept the mathematical difference of the total number of 
credits? A. The total number of credits would determine 
whether they could graduate.

Q. Now, sir, when a person graduates from high school 
or a vocational school here, are there any differences in 
the diplomas? In other words, do you give diplomas for 
say vocational school, a college course and a commercial 
course? A. No.

Dr. W. H. Shaw—for Plaintiffs—Cross



186

Q. They are all the same? A. It’s a high school diploma 
based in 18 units.

Mr. Smith: That’s all, thank you.
The Court: Any questions ?

Direct examination by Mr. Hatcher:

Q. Dr. Shaw, with reference to course in automobile 
mechanics, I don’t know what the course is called; it’s a 
vocational course and you know what I ’m talking about, do 
you not? A. Yes, sir.

Q. That has been desegregated? A. We have a man­
power training class in automobile transmission that was 
desegregated on March 12. There are 20 students in the 
class, Mr. Hatcher, 16 whites and 4 Negroes.

Q. With reference to the gifted children’s program, do 
we understand—Explain how those children were elected 
and, if you please, how many there were? A. Sir, do you 
have reference to the Governor’s Honors Program?

Q. That’s right? A. The Governor’s Honors Program 
had a set of criteria worked up a statewide committee, to 
be administered by the local school officials on a desegre­
gated basis, without any regard to race or color. We 
called all five of our high school pinncipals into a session, 
went over the forms with them, gave them the applica­
tions, and let them take them back to the students and 
their teachers, and let them make their applications.

The only one qualification was that they had to meet a 
certain criterion set down by the state committee, and 
those criteria were explained and handed out at the last 
meeting of the Board of Education, the same ones we gave 
to the principals, and then last Friday we had to nominate 
from this county our qouta; and we did nominate our quota 
last Friday.

Dr. W. H. Shaw—for Plaintiffs—Direct



187

Q. And how many children were in that, nominated! A. 
We nominated 131. There was one category that we could 
have nominated 17 in and we only had 12 applicants.

Q. And what was the number of white children and what 
was the number of color children? A. There were 18 Ne­
groes nominated and 100—and—what would that be, 18 
from 131—would be 113 whites.

Q. Is that on a— A. 80 of those were academic, in the 5 
academic fields, and 76 of those were white and 4 were 
Negroes.

Q. Is that on a desegregated basis? A. That school will 
be conducted at Wesleyan College on a desegregated basis.

Q. Why was the period of February 1 to February 15 
selected as the period for applications for transfer? A. 
Well, Mr. Hatcher, there are some 2,000 children in the 
11th grades in the high schools of this County, and we 
had no way of knowing how many of those would apply for 
transfers. As it turned out, we only had 8 and that will 
not make any burden on us one way or the other in facili­
ties and staffing, but it could have created a problem and 
we would have needed time to have gotten ready for it, if 
it had been large numbers.

Q. You say 8 applied and how many applications were 
approved. A. Eight.

Q. You have a provision in the plan for hardship cases; 
will you explain how that will operate? A. Well, each per­
son will have in his or her mind what hardship is and we’ll 
never know what hardship is until somebody appears and 
says they didn’t have the privilege to apply. We had one 
specific case that didn’t comply with the regulations. 
Would you like to know that without the person’s name?

Q. Briefly, yes sir, that’s right? A. It was a white child, 
who asked for transfer from one high school to another but

Dr. W. H. Shaw—for Plaintiffs—Direct



188

did not turn in the application until Monday following the 
deadline of the 15th. We wrote to the parent and told him 
that the child had not qualified as far as the time limit was 
concerned; that if he had any reason that he thought he 
should apply under Section VII, the hardship section, to 
please state the conditions under which he would like for 
us to consider his daughter’s request for a transfer. And 
we have not had any answer from the gentleman when he 
was given that opportunity.

Q. How many children are now enrolled in the Muscogee 
County School System? A. 41,000-plus. It changes every 
day. It’s about 41,200 and something on the day we used 
in the answer to the Court, which was January 30.

Q. What percentage of white children and wdiat per­
centage are Negroes? A. It’s roughly %  and 14> %  white 
and 14 colored. It will vary according to the grade level.

Q. What percentage of the schools are now attended by 
white children and what percentage are now attended by 
Negroes? A. Well, as of Monday, there are 42 white and 
17 Negro, 2 grade (trade) schools, 1 white and 1 Negro; 
and then we have many adult classes, and only one of the 
adult classes, as you asked a moment ago, has been inte­
grated.

Q. What is the teacher-pupil ratio throughout the school 
system in the elementary grades? A. Well, that’s about 1 
to 33, I believe, in the elementary grades. We’ve given a 
complete table in answer to that pupil-teacher ratio.

Q. And what is the ratio in the high schools ? A. It runs 
1 to 25 on the average in the high schools and at the present 
about 1 to 26 or ’7 in the junior high grades.

Q. Is there any difference in the ratio in the Negro high 
schools and in the white high schools? A. No, maybe a

Dr. W. H. Shaw—for Plaintiffs—Direct



189

tenth, maybe a tenth or a hundredth of a point at times, 
but it changes from week to week.

Q. Is there any difference in the pay of teachers in the 
school system ? A. No, we have a single salary schedule 
and have had since 1946.

Q. It applies to all teachers? A. To certificate; it ap­
plies to certificate and training of the person with the num­
bers of years experience.

Q. Is there any difference in the average teacher experi­
ence or training in the schools attended by Negro children 
and the schools attended by white children? A. The tenure 
of the Negro teacher is slightly longer in this County than 
it is for white teachers; and likewise, the Negro teachers, 
a larger per cent, hold the Master’s degree, and both of 
those, the number of years experience and the Master’s 
degree, result in an average salary for white teachers of 
$4900 this year and $5100 average for Negroes. That’s 
based on their certificate and number of years experience. 
That’s contained in the answer to the Court also, Mr. 
Hatcher.

Q. In the zones that are now established, attendance 
zones that are now established, the areas, is there any over­
lapping of these zones as shown by the map attached to 
the interrogatories? A. There was no overlapping as of 
last summer when that was adopted by the Board and pub­
lished in the newspapers.

By the Court:
Q. What does that mean? A. That means if you take a 

certain specific area, we’ll take the one nearest to us, which 
would be Second Avenue attendance area, and, if you’ll look 
on your map and look at attendance area for Second Ave­
nue, it would mean as of last year there were no whites

Dr. W. H. Shaw—for Plaintiffs—Direct



190

living in the boundary of that attendance area. They would 
all be Negroes. It’s in the southern end of the City here, 
running from along Second Avenue over to about Fifth 
Avenue.

Q. I was just interested in the meaning of the term, 
whether there was any “ overlapping of zones” ? I wasn’t 
sure I understood what was meant? A. It means whether 
both races are living in any one of those zones that are 
marked as an attendance area. We call them “ attendance 
areas” , Your Honor.

Q. And as I understand it, your answer to that question 
is that there is no overlapping? A. There was no overlap­
ping as of last—when these maps were last drawn. Now, 
those maps will be redrawn unless the Court tells us to 
keep these districts exactly as they are.

By Mr. Hatcher:

Q. What is the average or has been the average rate of 
growth in the attendance in the public schools of Muscogee 
County? A. This year we had 3,200 more pupils than we 
had one year ago, which meant the building of additional 
103 classrooms in order to keep up with the growth and 
it meant the employment of 103 additional teachers; and 
that increase, Mr. Hatcher, that increase runs on about 
the same 25-75 per cent, ratio that we have of the normal 
white-Negro population.

Q. Is there much fluctuation in individual pupils attend­
ing the public schools? A. Do you mean by fluctuation 
transient pupils?

Q. That’s right, sir? A. W e’ve had 5,000 and some odd 
pupils who have come into this County and moved or gone 
since last September. We have a highly transient popula­
tion element in this school district.

Dr. W. 11. Shaw—for Plaintiffs—Direct



191

Q. Is that due largely to the nearness of Fort Benning! 
A, I think that is due directly to the influence of the Fed­
erally connected families at Fort Benning.

Q. Do you contemplate additional applications due to 
this fluctuation for transfer to the 12th grade of a particu­
lar school? A. Yes, we know from past experience that we 
always have quite an influx of Army connected children 
in the latter part of April and the first part of May. Some­
times that influx comes during the last two weeks of 
school and then we know that there will be quite a change 
in personnel and quite an influx of pupils who will come to 
us during the month of August. And those periods were 
specifically in mind of the Board when they made provi­
sion that any child not situated in this County and who 
would not have had the opportunity to avail themselves 
of a request to transfer in February would be caught up in 
one of those periods with an opportunity later.

Q. Dr. Shaw, will you please state your college degrees, 
sir? A. I have an A.B. and a Master’s Degree from Duke 
University. I had a year of graduate work at Columbia 
University and I have a Doctorate in Education from Au­
burn University.

Q. Will you please state what professional teaching soci- 
ties or associations or educational organizations you belong 
to and what office, if any, you hold in these associations? 
A. Mr. Hatcher, I ’m quite a joiner. I ’m a life member and a 
past president of the Georgia Education Association; I ’m 
a life member of the National Education Association since 
1930; I ’m a member of the American Association of School 
Administrators; I ’m a past member of the Eexcutive Board 
of the Southern Association of Colleges and Schools that 
accredit high schools and colleges. I ’m a member of Phi 
Beta Kappa at Duke; I ’m a member of Kappa Delta Pi at

Dr. W. H. Shaw—for Plaintiffs—Direct



192

Duke University. That’s an honorary fraternity for men 
and women. And I ’m a member of the Phi Delta Kappa, 
an honorary education fraternity for men at Auburn.

Q. Beginning in January, 1963, will you outline briefly 
just what studies were made and what efforts were made 
to formulate a plan of desegregation of these schools?

The Court: Before we go into that, suppose we 
take a break of about 10 minutes.

Recess : 11:10 AM. to 11:20 A.M.—April 1, 1964.

By Mr. Hatcher-.

Q. Dr. Shaw, do you recollect the last question that I 
asked you before the recess? A. No, I do not, Mr. Hatcher.

Q. I will repeat the question: I asked you what inquiries 
and what efforts were made about January, 1963, to the 
date that this plan was adopted by the School Board which 
was adopted, was formally adopted? A. Mr. Hatcher, in 
January of 1963 there was an Associated newspaper story 
to the effect that the Justice Department had contemplated 
a suit in this School District on behalf of Federally con­
nected children for whom the U. S. Office of Education was 
making a contribution of Federal funds to the School Dis­
trict for their education.

That suit was never filed but we did have certain com­
munications with the people of the U. S. Office of Educa­
tion and the Justice Department and the State Department 
of Education in Atlanta and with the attorney representing 
the U. S. Attorney’s office attached to the field office of the 
U. S. Office of Education in Atlanta.

Now, over a period of time we evolved our plan, which 
included certain ideas that were promoted and advanced 
during our discussions with those people and also from rep­

Dr. W. H. Shaw—for Plaintiffs—Direct



193

resentative citizens in the community, and from visitations 
to other systems, where the courts had approved their de­
segregation plans in various stages, and copies of all the 
court decisions relative to desegregation, of cases in the 
Fifth Circuit, and in any of the Federal Courts, District 
Courts like our district here, and others in this general 
area.

We took into consideration everything from those confer­
ences and from those cases in promulgating the desegrega­
tion plan which we finally adopted on September 16.

Q. Was this plan adopted in good faith? A. This plan 
was adopted in good faith and it was adopted after many 
sessions of the Board of Education by a unanimous vote of 
the 15 men and women who constitute the Board of Edu­
cation.

Q. Are most of these 15 men and women present in court 
here today? A. Yes, if you’ll turn to your left toward the 
east, Mr. Hatcher, you’ll see the familiar faces of our 
Board members. They are here today to show their good 
faith in what we’re trying to do.

Q. If this plan is approved by the Court, will it be ad­
ministered by you as the chief executive officer of the School 
Board in good faith? A. It will be.

Recross examination by Mr. Smith:

Q. Sir, I may have misunderstood you but did you say 
that as far as the attendance areas are concerned, there are 
no Negroes living in white attendance areas and no whites 
living in Negro attendance area? A. I said there were none 
as of the date this map was adopted last summer.

Q. Now, with regard to the Plaintiffs in this action, the 
Plaintiffs, the Locketts, would that be true also? A. The 
Locketts live in the Cusseta Road attendance area.

Dr. W. H. Shaw—for Plantiffs—Recross



194

Q. Yes, but that is true only if the attendance area is a 
Negro attendance area, isn’t that true! A. Yes, we agreed 
and answered into court that we had been operating on a 
segregated basis.

Q. I see. A. Because the Locketts live in an all Negro 
attendance area.

Q. And this would be the only reason why you say that 
there are no whites living in the Negro attendance areas! 
A. Well, we told you, in answer to an earlier question, that 
those areas were drawn based on the Negro residence and 
where they now reside. They live in Negro neighborhoods.

Q. So, you do not mean to say that a Negro would not be 
closer to any white school or a white closer to any Negro 
school! A. No, we did not say that, but we would say that 
any child who is not within a mile of an elementary school 
would be transported, and any child who lives more than a 
mile and a half from a junior or senior high school would 
be transported.

Q. Would be transported to a Negro school or to a white 
school! A. Yes, under the segregated system.

Q. Now, based on training and salary, would you say 
that Negro personnel, Negro teachers and principals, are 
qualified to teach in either the Negro or the white schools! 
A. They are all certified by the State of Georgia.

Q. Would you say that they are qualified to teach in 
any school in Muscogee County! A. No, I would not say 
that because I do not think Negroes at this point would be 
accepted in the white schools.

Q. But are they qualified! In other words, does their 
training qualify them to teach! A. On certificate. Many 
of them hold, and we have the record there for you, the 
A. B. and the Master’s Degree, which gives 4 year or 5 
year certificate; based on certificate alone, they would be;

Dr. W. H. Shaw—for Plantiffs—Recross



195

the answer to your question would be yes, based on certifi­
cate alone.

It’s interesting to note though, when we put in the 6-year 
certificate in Georgia, and the only way that certificate 
can be gained is with the 6th year of college as outlined by 
the State Department of Education, and with a stated 
score on the National Teachers Examination, not a Negro 
teacher or principal in this County has yet qualified for 
that 6-year certificate.

Q. How many applied? A. I don’t know. That’s a per­
sonal thing for them to decide.

Q. Do you know whether any have applied? A. I beg 
your pardon?

Q. You do not know that any have applied? A. I do 
know that a few of them told me that they took the test 
and divulged a few things about it, but it’s a personal prob­
lem with them to decide if they will take it and whether 
they want to apply.

Q. Now, when was this 6-year certificate put in? I don’t 
believe I ’m familiar with that? A. It was adopted in 1960 
by the State Department of Education and the State Board 
of Education.

Q. And what is it? A. Up to that time the highest cer­
tificate issued in Georgia under the State Department of 
Education was a 5-year certificate, based on 5 years of 
college.

Q. But what is the certificate given for, just for 6 years 
of college? A. Six years of college, plus a stated score on 
the National Teachers Examination.

Q. I see, and this was put into effect in what year? A. 
In 1960.

Q. And you don’t know whether any teachers, any Negro 
teachers in Muscogee County, have applied for this certi­

Dr. W. H. Shaw—for Plantiffs—Recross



196

ficate? A. They don’t have to tell me that and I do not 
know how many of them did. I do know that we had a cen­
ter at Carver; the. State asked us to let them use Carver 
High School as a center to test Negroes but they would be 
eligible to come in from this whole area to take the test; 
and not taking the test there, I would not know how many 
went there to take it.

Q. How many white teachers applied for this certificate, 
white teachers from Muscogee County? A. Well, as of 
now, 52 have the certificate. I don’t know how many ap­
plied. When they get it, they report and have a copy of it 
sent to our office. We have 52 now.

Q. Do you know how many white teachers you have in 
the Muscogee County school system? A. Do I know what?

Q. The total number of white teachers you have? A. 
Well, I have it broken down in here. There are 1471. About 
400 of those are Negro and the others would be what—but 
it’s broken down specifically for you there in the informa­
tion.

Q. Now, in 1963, for the school year 1963-64, if a person 
wanted to transfer from one school to another, what would 
he have to do, say in September of 1963? A. As outlined 
in the description there for registration, they are told that 
they must make their request at the time they register.

Q. And what date was that or approximately what time 
did they have to do that? A. Oh that was about—we stated 
the specific date. You asked that for two years and we 
gave it to you. It’s about the 20th—during the last week of 
August.

Q. I see; now, will that be true for this year, for the year 
1964-65? A. That will be true for those who are not sit­
uated in the arising 12th grade.

Dr. W. II. Shaw—for Plantiffs—Recross



197

Q. But everyone else it would be true for? A. Yes.
Q. And the qualifications for transfer are as you stated 

them before? A. We have not changed our qualifications 
or criterion for transferring. They must request it. They 
must be a bona fide student in the District and they must 
be subject to be classified as they apply to be classified.

Q. Thank you very much, sir.

Mr. Hatcher: No further questions.
The Court: All right, you may go down.
Mr. Hollowell: The Plaintiff calls Mr. George W.

Ford.

George W. Ford—for Plaintiffs—Direct

Mb. George W. F ord, witness, called in behalf of the 
Plaintiffs, being first duly sworn, testified on

Direct Examination by Mr. Hollowell:

Q. Your name is George W. Ford? A. Yes sir.
Q. How long have you lived in the City of Columbus? A. 

All my life, 40 years.
Q. Mr. Ford, do you have familiarity with the sections 

in the City of Columbus where Negroes live generally? A. 
Yes, I have.

Q. Would you say, would you indicate generally the 
areas where Negroes live by the use of streets, say begin­
ning with Broad Street and working in each direction? A. 
From Broad back to First Avenue, this is a white sec­
tion. Start at Second Avenue up to 7th Street all the 
way over to 10th Avenue, in fact all the way out to Cus- 
seta Road, are Negroes.



198

Q. Eight at this point, are there any white families to 
your knowledge that live in these areas! A. Yes, you take 
an area from Broad to 7th Street, back to 4th Avenue and 
7th Street, block them in and let Broad take care of the 
west side, 4th Avenue take care of the east side and 7th 
Street take care of the north side, and 4th Street take 
care of the south side, then you have an area on the west 
side with white living in the vicinity of our Second Avenue 
school unit, if it was drawn in that method.

Q. Now, this Second Avenue School, is this a Negro or 
white school! A. It’s a Negro school.

Q. But whites live how close to it! A. Well, directly 
behind it you have First Avenue. This is where you have 
a white settlement.

Q. I see. Is there a white school in that immediate area! 
A. Not to my knowledge.

Q. But you are familiar with the area! A. Pretty well 
familiar with it.

Q. Now, go on with the other sections that you were 
going to indicate in which Negroes live at this time! A. 
Now, we’ll take 8th Street, we’ll take 9th Street; if Colum­
bus is bounded by 9th Street on the north all the way to 
10th Avenue on out east, still bound by Broadway on our 
west and 4th Street on the south, then there you have 5th 
Avenue Elementary School and the Second Avenue Ele­
mentary School.

Q. These are both Negro elementary schools! A. Yes. 
But in this boundary there are white all the way up to 
9th and Broadway, Second Avenue and Broad and come 
back down to 7th Street and Second Avenue and go up 
again to 9th, and you still have a white neighborhood. Now, 
what school these people attend, I don’t know; but you have 
these schools located in this area. Now, at one time Second

George W. Ford—for Plaintiffs—Direct



199

Avenue was a school which white kids attended. Now, here 
I am again not exact as to the time and date hut 2 or 3 
years ago this school changed to a Negro school and the 
property on that side was sold, most of it, to Negroes, on 
the same side where the school is located.

Q. But there are still some whites that live in this— A. 
In the boundary which I gave you.

Q. But you know of no so-called white school in that 
general area? A. No, I don’t know of a white school in 
that general area.

Q. All right, now you are familiar with the location of 
Jordan High School, are you not? A. Yes sir.

Q. Bo you see it on the map that is before you which 
is attached to the interrogatories of the Defendant? A. 
Well, this map seems to be, to have the schools outlined 
here, but the avenues and streets are not, but I can identify 
them as such.

Q. I see. Well now— A. And so, I would like—I have 
to say things from memory, more or less, because I can’t 
go by the map too good.

Q. You can’t see the actual numbers on the streets, but 
you know the streets from the location of the schools as 
designated on the map, is that correct? A. Yes sir. I 
couldn’t give you the exact street that even Jordan is on 
but I can give you the vicinity in which it is and also 
Columbus High and practically any school in this City.

Q. In other words, you may not know all of the names 
of the streets around the schools but you know the com­
plexion of the people who live in and around the schools; 
is that what you’re saying? A. That’s right.

Q. Now, would you indicate whether there are Negroes 
living in the vicinity of Jordan High? A. Jordan High 
is located in predominantly white area in a sense but you

George W. Ford—for Plaintiffs—Direct



200

have north of Jordan High, you have what we call the 
Bellwood Section, and there you have Negroes coming all 
the way from the Bellwood Section north of Columbus, 
north of Jordan, passing this area. I imagine from what 
I heard before that these students qualify for transporta­
tion; so, no doubt they have transportation which is fur­
nished by the Board of Education, to bring them to Spencer 
or to Carver.

Q. Do I understand from your statement that Negroes 
who lived in the Bellwood area would be passing the gen­
eral location of Jordan High! A. Yes.

Q. In getting to Marshall Jr. High and to Spencer High 
School? A. Yes.

Q. Now, with respect to Columbus High from that stand­
point, are there Negroes living inland about the vicinity 
of Columbus High? A. The Negroes who live in the area 
of East Highlands section, we call it, East Highland is 
bound, say we take 22nd Street, which is partly bounded 
with white too and go north to 28th Street. There you find 
Negroes in this entire section. Now, these Negroes are 
closer to Columbus High. Now, here’s an area, we’ll just 
go back to the Talbotton Road, say we take it back to Tal- 
botton Road, they would be closer to Columbus High.

Q. They would be much closer to Columbus High than 
they would to either Spencer or to Marshall Junior High? 
A. Oh definitely so ; they’d be within walking area. I doubt 
seriously if they would qualify for transportation in this 
area to Columbus High.

Q. Now, are there any other high schools, white high 
schools, in the City of Columbus? A. Well, we have South 
Columbus here.

Q. Now, what is the complexion from a racial standpoint 
in the vicinity of South Columbus? A. Here we have a

George W. Ford—for Plaintiffs—Direct



201

very small settlement of Negroes living in the section we 
call Benning Bead and Old Lumpkin Road. You have 
Negroes living in this section who are closer to Baker High 
in this area. In fact, they’re just across the road from 
Baker High. This section is just across the road from 
Baker High, separated by the highway there.

Q. Whereas Negroes, you say, who live in that area, the 
one which you just described, are only the distance of the 
road between them and Baker High, how far would they 
be generally from Spencer High and Marshall Junior High! 
A. Oh, giving a rough guess 2 to 3 miles.

Q. Now, how far would you suggest it is from Cusseta 
Road to Baker High? A. Cusseta Road to Baker High?

Q. Yes, Cusseta Road in the vicinity of Swann and where 
Negroes generally live in that area? A. Oh, I ’d say within 
walking area there. I couldn’t say, maybe 1% miles, maybe 
1% .

Q. Maybe iy2 miles? A. Yes.
Q. Not more than that? A. Not more than that.
Q. How far would it be from this same area to Marshall 

Junior High and to Spencer High? A. Marshall give you 
about 4 miles. Spencer would give you somewhere in the 
neighborhood of probably 3%, 3 to 3%.

Q. Now, what other sections of Columbus are you familiar 
with in which Negroes live? A. Well, we have a section 
called, we call it Dawson Drive, where primarily Fourth 
Street is located in this area.

Q. In what section generally from directional standpoint 
would that be? A. That would be in the west section of 
Columbus, the western section.

Q. Now, do you know of any schools which are said 
to be Negro schools that are located in those area? A.

George W. Ford—for Plaintiffs—Direct



202

You have the Dawson elementary school there on Dawson 
Drive.

Q. Are there any white schools in that immediate area? 
A. Well, the kids from Dawson Drive are transported over 
to Carver High, I think, the high school there, the students 
in higher trades. They pass the school here on Buena 
Vista Road and I don’t know the name of that school.

Q. But it is a white school? A. It is a white school.
Q. In other words, you’re saying that they pass at least 

two— A. And I can’t tell you whether it’s elementary, 
high or junior high there.

Q. But it’s a school of the Columbus public school sys­
tem? A. Yes.

Q. And you say that Negro students would have to pass 
those schools in order to get to the Negro schools? A. 
That’s right.

Q. That they would attend, is that correct? A. That’s 
right. Now, they have two directions there. The students 
on Dawson Drive can come out St. Mary’s Road or they 
may come out the Buena Vista Road. And if they come 
out St. Mary’s Road, they’ll pass another school there, 
a rather new school there.

Q. Is this a white school? A. This is a white school 
there.

Q. And they would have to pass these schools, depending 
on whether they were elementary or high school, in order 
to get to any elementary or high school which was Negro, 
is that correct? A. Now, remember we have one elemen­
tary school on Dawson Drive, which is Negro?

Q. Yes? A. But if they’re not going to attend this 
school, then they’d have to pass theses schools to get to 
them other schools.

George W. Ford—for Plaintiffs—Direct



203

Q. Now, are there white schools also in the area that 
you have last described! A. Are there any white schools?

Q. White, exclusively for white people? A. Yes, it’s 
strictly settled; it’s a thick settlement of whites there, highly 
thickly settled.

Q. Now, what other sections are there in which Negroes 
live in this City and indicate the streets that you know and 
the direction this is in the City? A. Well, we have Negroes 
in the South section, the northern, the east and the west 
side of Columbus. Columbus, the Negroes in Columbus 
are not exactly blocked in in any one settlement. We are 
scattered out throughout the area. In fact, there are areas 
and communities in Columbus where Negroes and white 
are actually integrated themselves down through the years, 
which I live in such a neighborhood.

Q. But you don’t know of any schools in any of those 
areas where the school population is integrated except this 
last vocational school set up that you heard testified about, 
is that correct ? A. That’s all.

Q. Let me show you this same map, to which we were 
making reference, I will need this map, Your Honor, in 
order to point out what I want to show him here: Are you 
familiar with this area, to which the “A ” , which is encircled 
here, points showing the location of a Negro school in 
the vicinity of Cusseta Road? Speak up so the reporter 
can hear you? A. Cusseta Road, yes. I ’m familiar with 
Cusseta Road and this area right here (pointing on map) . . .

Q. Are you familiar with a trailer or parking, a trailer 
parking lot, which is located at the point where I ’m pointing 
here? A. Yes; yes, I am.

Q. Are you familiar with the apartments that are located 
right along this road right here (pointing on map)? A. 
Yes, I am.

George W. Ford—for Plaintiffs—Direct



204

Mr. Hollowell: I will point this out to counsel, so 
he will know what I am making reference to. (Point­
ing on map to counsel for Defendants) . . .

For identification of the record, the area that is 
being referred to is in the area known as K-6 on the 
map which is attached to the interrogatories of the 
Defendants; and I am addressing myself, first, to an 
area which is immediately north of what might be 
referred to as a saddle in the line which constitutes 
the northernmost line of the area enclosed by K -6 ; 
and also to the area that is immediately to the—- 
well, let’s describe it this way—strike that—imme­
diately above the “X ” that is encircled in the area 
known as K-6 and just above the northernmost ex­
tremity of the area known as K-6 on that map.

The Witness: Now, this area, this is Cusseta Road 
school, I believe, isn’t it?

Mr. Hollowell: In that same description and to 
make it more clear, the boundary lines where the 
K-6 appears also has written across the center of 
it “ Cusseta Road” , since there are other K-6’s on 
the map.

Q. Now, I call your attention to the area which I said was 
in the saddle just outside of the enclosing lines of the Cus­
seta Road K-6 identification, and ask you if you know what 
is there! A. Now, on Cusseta Road here, you have the 
Cusseta Road elementary school. This is the section, I 
think, you were pointing to !

Q. Right! A. Adjoining Cusseta Road Elementary 
School, the property of the Board of Education, adjoining 
that is these apartments on the same side where the schools

George W. Ford—for Plaintiffs—Direct

are.



205

Q. Now, these apartments are occupied by what persons 
from a racial standpoint ? A. White.

Q. I ’ll ask you about over to the right of Cusseta Road 
there in the saddle, are you familiar with that? A. Fur­
ther down—now, on Cusseta Road there, we have some 
apartments there, lately opened there, also occupied by 
white. Farther down you have another section of apart­
ments, also on the right hand side coming in to town, you 
might say, occupied by white; and then the trailer court 
which you referred to there also occupied by whites.

Q. Would you say then that the line which constitutes 
the northernmost terminus of this Cusseta Road area that 
we have just identified runs right between the school prop­
erty and the property in which the persons that you have 
identified as white live? A. It runs on the left hand side 
coming north, on the same side where the school is; the 
line separates these apartments, which I think are owned 
by The Jordan Company, and the school property. On the 
right hand side of the road coming north, right now, the 
apartments they’ve lately built would probably come in 
within that line but these apartments were just lately built, 
these last apartments.

Q. So that, the lines are so drawn as to include or rather 
exclude whites from the area and include only colored, is 
that it? A. Yes, that seems to be the case there.

Q. In order for there to be lines drawn which would 
include only Negroes in a zone, in most of the area where 
you have described them around schools, could the lines be 
uniform or would they have to take unusual directions in 
order to exclude whites from that area? A. They’d have 
to take unusual directions.

Q. Would you say that the opposite would be true in 
certain other areas, so as to exclude Negroes from certain

George W. Ford—for Plaintiffs—Direct



206

white areas? A. From the—seems to be very true from 
what we can see of the map,

Q. Sir, just above the area which we described a moment 
ago, you will see a line running from the l‘X ” within the 
Cusseta Road area up and to the left and at the end of it 
is a circle with an “ A ” in it; do you see that? A. I see it.

Q. Do you know whether or not the persons who gen­
erally live within that “A ”—this is about an inch or inch 
and a half north of the “ X ” to which we referred to a 
while ago and maybe a quarter of an inch to half inch to 
the left—do you know whether the people who live in that 
area are Negro or white? A. I ’m just about to assume 
here that this is referring to the Negroes who live to the 
right of that road coming north.

Q. Coming which way ? A. North.
Q. From where? A. Leaving the school, leaving the 

school and coming north.
Q. Which school? A. Cusseta Road School.
Q. Yes, and going north? A. Going north; there are some 

Negroes live in that area near the trailer court.
Q. Now, you see where the “A ” is? A. But the “ A ” from 

here appears to be on the left hand side of the road though 
coming north.

Q. You are unable to identify whether there are white or 
Negro persons who live in the area where the “ A ”  is, is 
that correct? A. I couldn’t identify it.

Q. I see? A. Because the map is such I can’t identify 
that area.

Q. All right; well, let me ask you this: If you followed 
the line running from the “A ” to the “ X ” , which represents 
the school within the Cusseta Road area, and if the persons 
who live in the “ A ” area were the same racial complexion 
as those who go to the school within the Cusseta Road area,

George W. Ford—for Plaintiffs—Direct



207

what would their racial characteristics be? A. They would 
be Negroes?

Q. No further questions.

Cross Examination by Mr. Land:

Q. You have had an opportunity with counsel for the 
Plaintiff to go over this school attendance map during the 
recess that we took? Are you familiar with this map that 
counsel has just handed you? A. Not to say familiar with 
it but I ’ve tried to familiarize myself with it.

Q. You’ve gone over it and discussed it with counsel and 
you testimony as it applies to this map? A. Yes.

Q. Now, he made reference to that area which was near 
the Cusseta Road school district, which is identified with 
an “A ” in a circle, and he asked you about if some people 
lived in that area and were of the same racial origin as 
the people who lived in the Cusseta Road District, they 
would be Negro, and you answered yes?

Mr. Hollowell: May it please the Court—just a 
moment, sir—that wasn’t the question which was 
asked; and, therefore, we would have to object as 
counsel is not asking question that would be proper at 
this time, which he attributes to counsel.

The Court: Well, you want the record—
Mr. Land: That was my understanding of the ques­

tion—•
The Court: Well, I don’t remember myself but it’s 

necessary we have the reporter look back and check 
on it. Is that necessary?

Mr. Land: No, sir, I think I can clarify the ques­
tion.

George F. Ford—for Plaintiffs—Cross



208

Q. In that area which is identified with an “A ” in a circle, 
are there any Negro people that yon know of that live in. 
that area? A. From—I’ll put it this way: Between the 
Cusseta Board school and coining north, there is a red light 
there on Brennan Road and Lumpkin Road. Between that 
area, you have a court there for white. Leaving that area 
coming hack to the school, which makes the residence sec­
tion on your left now, there is a Negro section right there. 
There are about maybe 6 families there, 6 families, living 
in there, probably, maybe more, living in that area.

Q. Now, can you identify the location of that place that 
you have just referred to on this map? A. No, I ’d have to 
answer the same as I answered the other gentleman, that 
I know this area but I wouldn’t know it according to the 
way the lines are here.

Q. In other words, you don’t know it, in reference to 
the attendance areas, the school attendance areas, that are 
shown on this map? A. Your question again?

Q. You do not know it in reference to the attendance area 
lines that are shown on this map? A. Not in full detail.

Q. All right, then you can’t testify as to its location with 
reference to that, those attendance areas that are shown 
on the map ?

Mr. Hollowell: Well, if it please the Court—
The Witness: This first attendance area here is 

Cusseta Road, I guess.
Mr. Hollowell: Just a moment, just a moment! We 

would object to that question because that question 
is too broad and I don’t know that there has been any 
indication by counsel to this witness as to what con­
stitutes the school or school district area lines. So, 
when he asks him whether or not he would know it as

George F. Ford—for Plaintiffs—Cross



209

relates to the school attendance lines on this map, I 
think it would be incumbent upon him to indicate 
what particular lines he is talking about and what 
constitutes a particular district to which he’s making 
reference, rather than some general question such as 
this.

Mr. Land: All right, I will move on to something 
else, if there’s objection to that question.

Q. We get over here between Second Avenue and Broad­
way, I believe you said that there were some white people 
who lived between Broadway and Second Avenue in that 
area in the southern part of town, is that correct? A. 
That’s right.

Q. And then the Negro people live in an area where, 
Second or Third Avenue out? A. Second Avenue all the 
way back to 10th.

Q. These white residents that you refer to as living on 
Broadway and Second, up to Second Avenue, would you 
look on your map and see what attendance area or what 
school those people live in?

Mr. Hollowell: May it please the Court, inasmuch 
as the map is not delineated with the streets to which 
the witness is making reference and he has so indi­
cated in his prior testimony, I would submit that it 
would be improper and we would object for him to 
have to try to answer in relation to streets which 
are not designated and which he has already testified 
that he was unable to because of the complexion of 
the map.

The Court: I thought the whole purpose, I thought 
all of his testimony that he’s given so far was related 
to this map, which has been submitted as showing

George F. Ford-—for Plaintiffs—Cross



210

the school attendance areas. Isn’t this the attendance 
area map that he’s been referring to?

Mr. Hollowell: Well, if it please the Court, you 
will remember, if my memory serves me correctly, 
when we were making reference to the Second Av­
enue area about which Mr. Shaw testified, the witness, 
I believe, testified that he didn’t recall from that map 
in referring to the location on Second Avenue, but 
from his memory he gave an indication of where 
Negroes and whites lived in the area of Second Av­
enue and Third Avenue as he knew it, but not from 
where he was able to indicate on the map. This is 
what I am speaking of, and because of the fact that 
the map is not sufficiently marked to set out exactly 
where the streets are. So, the witness did not point 
that out.

The Court: Well, let’s let him answer as to whether 
he can tell. He’s testified somewhat at length by look­
ing at the map and let’s let him say whether he can 
tell by looking at the map whether the area to which 
he referred in which people in one race or another 
live, whether he can tell where those areas are with 
relation to the attendance areas that are shown on 
the map. Let’s see if he can do that. If he can’t, his 
testimony isn’t really of much value, as I see it, be­
cause this is an attendance area map.

Mr. Hollowell: Wed, I think that it can be con­
nected up in other ways and, therefore, there will 
be some question as to value.

The Court: I mean, it’s not of much value at this 
point unless—

Mr. Holowell: As it relates to that particular map.
The Court: Yes, that’s right; and this is the map 

he’s been using.

George F. Ford—for Plaintiffs—Cross



211

Mr. Hollowell: Well, you say lie’s been using— 
The Court: Let’s find out, instead of you and I 

talking about it, let’s find out what he knows about 
it. Now, go ahead and ask him that question, Mr. 
Land.

By Mr. Land:

Q. All right, sir. The area which you said was inhabited 
by white people in the southern part of town between Broad­
way and Second Avenue, can you look on your map and see 
what school district, what school attendance area, those 
people live inf A. On Second Avenue there’s Second Av­
enue School; as I told the other attorney, I can’t tell from 
this map but I can tell you from memory what’s located in 
the boundaries which I spoke of before, and that is the 
boundary between 9th and 4th and Broad and 10th. There’s 
one school on Second Avenue and there’s one on Fifth Av­
enue. Now, this is the best I can give you. Now, when you 
say “ school attended area” , I just imagine the School Board 
has a line drawn for certain areas, I just imagine; but I ’m 
giving you as I understand that are located in those settle­
ments.

Q. Those people live within the Woodall School attend­
ance area, by reference to that map, do they not! A. (No 
answer) . ..

George F. Ford—for Plaintiffs—Cross

The Court: Did you get an answer to that ques­
tion!

The Reporter: No answer.
The Court: Let’s get an answer to that question.
The Witness: Mr. Land, you’ll have to come and 

point on this map like the other man did, the other 
gentleman did, in order that I can see whatever you’re



212

talking about. I wish you would, in order that I can 
give you an answer. I ’m not familiar with this map.

By Mr. Land:
Q. Then, if you are not familiar with the map and you 

don’t understand the school attendance areas that are laid 
out by the Muscogee County School Board, you can’t testify 
as to whether there are any white people living in Negro 
attendance areas, or whether there are any Negro pupils 
living in white attendance areas, can you! A. Not accord­
ing to the map.

Q. And that’s not your testimony here today! A. That’s 
a question!

Q. I say, you’re not so testifying here today, that any 
white people live in Negro attendance areas as zoned by 
the Muscogee County School Board or vice versa! A. I 
can’t say they live in, what area they live in; no, I can’t 
say that, what area they live in.

Q. Now, did you participate and discuss with the School 
Board or any of its representatives the formulation of 
this plan for the desegregation of Muscogee County! A. 
Not with the School.

Q. Have you been advised of the adoption of this plan 
by the Muscogee County School Board! A. Yes, I know 
it—

J. Are you familiar with the plan! A. I ’m familiar with 
the plan.

Q. Have you studied it and have you considered it, the 
plan for desegregation! A. I ’ve considered it.

Q. Have you appeared before the School Board to offer 
any suggestions in regard to that plan! A. I  wrote the 
School Board a letter and Mr. Shaw answered me, and I 
don’t have the date which—I do have the letter, letting Elm

George F. Ford—for Plaintiffs—Cross



213

know that we disapproved of the plan which they had for 
desegregation of the schools, starting with the 12th grade.

Q. That was the one letter which you wrote to Mr. Shaw, 
acknowledging receipt of a copy of that plan, in which you 
say you expressed disapproval of the plan. Did you offer 
any suggestions as to how that plan should be changed or 
modified in any way? A. I don’t remember; I  really don’t.

Q. Have you at any time discussed the plan with either 
Mr. .Shaw or the Board members or offered any assistance 
or any help in formulating this plan? A. They never asked 
us for any help.

Q. Did yon ever offer that assistance? A. I don’t think 
I did. I don’t recall; I don’t recall.

Q. In other words, the only communication you have had 
with the School Board or with Mr. Shaw’s office is to ac- 
knwoledge receipt of that plan and express general dis­
approval? A. I have had other communications with him 
but not on this particular plan. As to our library, we had 
some; I met with him on that.

Q. You did meet with Mr. Shaw and the School Board in 
regard to the library? A. Mr. Shaw and Mr. Ivinnett, the 
Chairman of the Board.

Q. All right, Mr. Kinnett; how many meetings did you 
have with those gentlemen in regard to the library? A. I 
can recall—

Mr. Hollowell: May it please the Court, we object 
to this as being irrelevant and immaterial as to how 
many meetings he may have had with reference to the 
library. In the first place, the library isn’t at issue. 
No. 2, I would submit that the line of questioning 
relating to whether or not this man had any meetings 
with the Board would not be meaningful anyhow,

George F. Ford—for Plaintiffs—Cross



214

inasmuch as it is the Board’s action and not this 
man’s that is controlling of the issue.

The Court: Well, it’s alleged in the complaint that 
there have been various communications with the 
Board and so on, and that the Board has taken cer­
tain stands. Of course, this witness has not been 
identified in any way thus far in the record, except 
by name. I don’t know what connection he may have 
had or may not have had with the situation. It might 
be helpful to expand on the record somewhat.

By Mr. Land:

Q. What is your position? Are you an officer in the local 
chapter of the National Association for the Advancement 
of Colored People? A. Yes.

Q. What is your office in that local chapter? A. I ’m 
President.

Q. And acting as President of that Chapter, you had these 
conferences and communications with Mr. Shaw and Mr. 
Kinnett in regard to the desegregation of the library? A. 
Yes sir.

Q. And the library was at that time and is now a part of 
the Muscogee County School System and operated by the 
Muscogee County School Board? A. You want me to an­
swer that ?

Q. Is that correct? A. Yes sir, that’s true.
Q. And at that time the Board was considering this plan 

for the desegregation of the Muscogee County schools; you 
knew that, did you not? A. Yes sir.

Q. And you were discussing with them the desegregation 
of the library but you say you made no offers or no sug­
gestions as to the plan for desegregation of the schools? 
A. I can’t remember offering him any suggestions for the 
schools; I don’t remember it anyway.

George F. Ford—for Plaintiffs—Gross



Q. The only communication you had with them was after 
the Board had adopted this plan voluntarily and sent you 
a copy of it and you wrote a letter to Mr. Shaw expressing 
disapproval? A. That’s the way I remember it, yes.

Q. I think that’s all.

Redirect Examination by Mr. Hollow ell:

Q. Just one or two questions: Mr. Ford, in connection 
with the question which was asked you about your contact 
with the Board, did you at any time ever express any ap­
proval of the plan that is the subject-matter of this litiga­
tion? A. No, I didn’t.

Q. As a matter of fact, when you wrote, you asked that 
there be across the board desegregation of the public school 
system, isn’t that correct? A. I can’t remember the content 
of the letter but I know we expressed our disapproval of 
the methods which they were using for desegregating the 
schools, that plan.

Q. I show you Plaintiff’s Exhibit #1  for identification 
and ask you if you will indicate what it is? A. This, sir, 
this is a map of Columbus, Gfa. and Phenix City, Alabama.

Q. Does it show on there the names of the streets? A. 
The names of the streets?

Q. Yes, the names and numbers of the streets? A. Yes 
sir, it does, it shows the names.

Q. Do you see a legend on the map, a legend somewhere 
on the map, which makes identification as to what symbols 
mean? A. Yes sir, Ido.

Q. Does it show schools somewhere in that legend? A. 
It does.

Q. Does it have a symbol on it for schools ? A. Yes sir.
Q. As a 40-year resident of the City of Columbus, would 

you be able to say that Exhibit P-1 for identification is a

George W. Ford—for Plaintiffs—Redirect



216

reasonable, graphic representation of the City! A. Ask 
that question again, sir?

Q. I say, knowing Columbus as you do, that is the lay-out 
of Columbus, would you say that that map, which is Plain­
tiff’s Exhibit P-1 for identification, is laid out generally as 
you know it, the City to be laid out? A. Yes sir.

Q. Do you see—let me point out and maybe save you a 
little time—well, I ’ll just ask you, do you see the Carver 
Heights section on the map? A. Yes sir.

Q. Do you see the area in and around Jordan High School 
Second Avenue, to which you made reference? A. Yes sir.

Q. Do you see the area in and aroun dJordan High School 
and Columbus High? A. I se Jordan High, sir.

Q. Do you see the area in and around the Cusseta Eoad 
School? A. Yes sir.

Q. Do you see the area in and around the Dawson area 
school? A. Yes sir.

Q. Now, as you see them on that map, are they in the 
same relative position as you described them in your testi­
mony on direct examination? A. Yes sir.

Mr. Hollowell: May it please the Court, we would 
like to—well, first, we don’t have any further ques­
tions for this witness; and unless there are other 
questions, he may come down.

Mr. Land: Do you propose to offer that map?
Mr. Hollowell: Yes.

Recross Examination by Mr. Land:

Q. This map, which has been presented to you by coun­
sel, there are no school attendance areas marked on that' 
map, are there? A. May I—Your Honor, could I ask him 
what he mean by school—

George W. Ford—for Plaintiffs—Recross



217

The Court: Do you want to look at the map again?
The Witness: When you say “ school attendance 

areas” , you mean the areas that are marked by the 
Muscogee County School Board, is that what you’re 
saying ?

By Mr. Land:

Q. What other kind of attendance areas could you have 
been referring to during your testimony?

Mr. Hollowed: May it please the Court, there 
hasn’t been any to which the witness referred to, ex­
cept those which were on the map; and he only re­
ferred to them as of the time when they were being 
described.

The Court: Well, can’t it be stipulated—I think I 
know what this map is, it’s a map of the City—can’t 
it be stipulated that there are no school attendance 
area lines ?

Mr. Hollowed: Yes sir.
The Court: On the map?
Mr. Hollowed: I would so stipulate.
The Court: Isn’t that what you’re getting at?
Mr. Land: Yes, Your Honor, that’s right.
The Court: It is so stipulated.

By Mr. Land:

Q. Then, the only thing you can testify according to that 
map is the location on certain streets of the schools which 
you have identified in answer to counsel’s questions? A. 
Yes sir.

Q. That’s all.

George W. Ford—for Plaintiffs—Recross



218

Redirect Examination by Mr. Hollowell:

Q. Just one moment. That last question was that the 
only thing you could identify was the location of the schools; 
can you not identify on the map the location of the people 
that you referred to as living between certain streets! A. 
Yes sir.

Q. No further questions.

The Court: Do you tender this map in evidence?
Mr. Hollowell: We tender it.
The Court: All right, any objection?
Mr. Hatcher: No objection. We think it is irrele­

vant.
The Court: Well, it might be helpful to have in 

the record a map of the City entirely separate and 
apart from any school lines just for reference pur­
poses. So, it’s admitted (P-1).

Mr. Hollowell: May this witness be excused, Your 
Honor?

The Court: As far as I ’m concerned.
Mr. Land: No objection.
The Court: He’s excused.
Mr. Hollowell: We might wind up in the next 5 

or 10 minutes. I don’t know how long Your Honor 
will run. Mrs. Lockett.

George W. Ford—for Plaintiffs—Redirect

Mbs. A manda L ockett a party Plaintiff, called in her 
ovrn behalf, being first duly sworn, testified on

Direct Examination by Mr. Smith:

Q. Will you state your name, please? A. Amanda 
Lockett.



219

Q. And are yon a resident of Muscogee County, Georgia? 
A. Yes.

Q. Do you have any children in the public schools of 
Muscogee County? A. Yes, I have three.

Q. You are the Plaintiff in this action and your children 
are Plaintiffs? A. Yes.

Q. Could you tell us what schools your children attend? 
A. One, Jerry is in the 10th Grade, attends Spencer High; 
and Gwendolyn and Jim Lockett, Jr. attend Marshall Junior 
High.

Q. Could you talk just a little louder? A. I ’ll try to.
Q. Now, do you desire to have your children go to Baker 

High School and Eddy Junior High School; is that correct? 
A. Yes.

Q. Now, would you tell us why? A. Well, we’re in the 
area and it’s nearer to the school, it’s nearer to go to that 
school than to go the ones that they’re going to now.

Q. Do they have to take busses to go to the schools that 
they now attend? A. Y e s ,  they are transported each morn­
ing.

Q. Now, if they went to Eddy Jr. High School and to 
Baker High School, would they have to take the bus? A. 
Well, no; they’re in walking distance.

Q. They’re within walking distance of the schools? A. 
Yes.

Q. Now, have you communicated to any public school 
officials the desire to have your children attend schools 
in the immediate vicinity of where they live? A. Yes, I 
did.

Q. Would you tell us when this occurred? A. Registra­
tion day, the 28th of August.

Q. And what did you do on that day? A. Well, I called 
the Principal of the school and asked him for a transfer.

Amanda Lockett—a Plaintiff—Direct



220

Q. Yon called the Principal of which schools? A. Of 
Marshall, Jr. and Spencer.

Q. The principals of the schools that your children have 
been attending? A. Yes, I called the principal of both 
schools, Marshall, Jr. and Spencer High. And the Prin­
cipal asked me to come in and we would talk it over. So, 
this was at Marshall, Jr. So, I went in and talked with 
him concerning the transfer. So, he said that there would 
be a meeting on Friday to present all the transfers or 
request for transfers to the Superintendent of Schools, on 
Friday Morning; and for me in the meantime to go and 
register the children as usual and request transfers to be 
written on their registration cards.

Q. Do you remember on which date you went in to see 
the Principal of Marshall Junior High School? A. Yes.

Q. Now, what was that date? A. The 28th of August.
Q. Now, did you subsequently register your children in 

these schools and ask for transfers at the same time? A. 
Yes, I did.

Q. What date did that occur? A. The 28th of August.
Q. And what happened as a result of your request for 

transfer? A. Well, he asked me to either come in Friday 
Morning or call after the meeting that he was supposed to 
have with the Superintendent of Schools on Friday Morn­
ing. So, I called that Friday Morning and the Principal 
of Marshall—of Spencer told me that Mr. Shaw, Superin­
tendent of Schools, weren’t at the meeting, and he—no, he 
talked with Mr. Shaw at the meeting, the Principal of 
Spencer told me this, and said no transfers would be issued 
to any student to go from, any Negro child to go from a 
Negro school to a -white school, nor a white student be 
permitted to go to a Negro school this year.

Amanda Lockett—a Plaintiff—Direct



221

Q. In other words, no desegregation of the schools would 
be permitted in September, 1963! A. That’s right.

Q. Is that the substance of what you’re saying? A. And 
I talked to the Principal of Marshall, and he said—

Q. Did he say the same thing, in substance? A. No.
Q. All right? A. He said the two of them, in fact all of 

them were at the meeting together that Friday morning, 
and the Principal of Marshall said that Mr. Shaw was not 
at the meeting, only the Assistant Superintendent was there 
and he did not present the transfers before him because 
it would only have to go to Mr. Shaw for approval or denial.

Q. Did he say that Mr. Shaw had approved or denied 
the application for the transfers? A. Which one?

Q. The last one to whom you talked? A. No, he didn’t 
present the transfers; the Assistant Superintendent was 
there, he said; so, I told him, I said “ That’s strange, I just 
talked to the Principal of Spencer and he said Mr. Shaw 
was there and Mr. Shaw said that the transfers would not 
be accepted this year for integration.”

Q. So, the transfer applications for all of your children 
were denied? A. Yes.

Q. And were denied because they wanted to transfer 
to white schools which were near their home? A. Well, I 
never got the transfers. Whether they were denied or not, 
I never got them. I just imagine they were denied.

Q. And they are presently in the Negro schools? A. 
That’s right.

Q. Has there ever been any indication to you that your 
request for transfers for your children would be granted? 
A. No. The Principal of Marshall told me to just forget it 
because they had a bulletin to come in and the Superin­
tendent of Schools said that school would start desegre­
gated in September of 1964, beginning at the 12th grade.

Amanda Lockett—a Plaintiff—Direct



222

Q. And have any reasons ever been given to you as to 
why your children coudl not be in Eddy Jr. High School 
or Baker High at the present time1? A. No, other than 
the Principal told me that Mr. Shaw said that there would 
be no integration of the schools before September of 1964 
and then only the 12th grade.

Q. And your children have not yet reached the 12th 
grade? A. No.

Q. No further questions.

Cross Examination by Mr. Land:

Q. I believe at the time that you are referring to on 
your direct examination your husband was stationed at 
Fort Benning? A. No, he was not.

Q. He was stationed at another post? A. Yes, he was.
Q. He was in the military service? A. That’s right.
Q. Where was he stationed at that time? A. He was sta­

tioned at Port Bragg, North Carolina.
Q. Is he stationed at Fort Bragg now? A. Yes, he is.
Q. He has continued to stay in Port Bragg, at that sta­

tion, since you had these conversations with the Principals 
of Marshall and Spencer High? A. Yes but he’s been 
home on several occasions.

Q. Now, do you expect to continue to live in Columbus? 
A. Yes, I do. This is my home. I was born here.

Mr. Hollowell: Excuse me just a moment; I ’m 
sorry but I can’t hear the witness. Will you speak 
just a little louder? I can’t quite hear you.

By Mr. Land:

Q. The only thing that you did in regard to apply for 
transfers was to present yourself to the Principal at

Amanda Lockett—a Plaintiff—Cross



223

Marshall Junior High and the Principal at Spencer Junior 
High and ask that your children be allowed to transfer to 
these other schools! A. That’s right.

Q. And you went in and talked to them on the 28th of 
August of 1963! A. ’63.

Q. And he told you to come back at a later date? A. 
Right.

Q. Did you go back? A. He asked me to come a later 
date for the approval or denial of the transfers after he 
had this meeting with the Superintendent of Schools, Mr. 
Shaw, on Friday.

Q. Did you go back to either one of the schools? A. 
Yes, I called.

Q. You telephoned? A. I didn’t go back. I was asked to 
either call or come in.

Q. You did not go back to the schools? A. No, I called 
in and talked with both of them.

Q. You called on the telephone the Principals of each 
of the two schools? A. That’s right.

Q. And the Principal at Marshall told you that your 
application had not been presented to Mr. Shaw as he was 
not at the meeting? A. That’s what the Principal of 
Marshall School, Jr. High, told me.

Q. Now, did you do anything else in regard to that ap­
plication to request a transfer of your child from Marshall 
Junior High? A. No, he told me to forget it because Mr. 
Shaw had issued a bulletin already and told them that 
there would be no integration of schools before September 
of 1964, and only the 12th grade then.

Q. And the person that you talked to when you tele­
phoned Spencer Junior High told you that Mr. Shaw was 
at the meeting but he sent a message to you which you said 
was that your transfer would not be granted? A. Of 
Spencer Senior High or Spencer High?

Amanda Lockett—a Plaintiff—Cross



224

Q. Yes? A. Yes, Mr. Duval, I talked with him on the 
telephone.

Q. And he told you— A. And he said that Mr. Shaw 
said no transfers for Negro students to go to white schools 
and no white students would get transfers to go to Negro 
schools in 1963.

Q. Was that all you did to pursue your application for 
transfer? A. As far as talking with the Principal, that’s 
as far as I ’ve gotten with it.

Q. Did you communicate with Mr. Shaw? A. No, I 
didn’t.

Q. Or Mr. Shaw’s office? A. No.
Q. Did you make any effort to present any transfer or 

application in writing to the School Board or anybody else? 
A. No, I did not. The only thing, it came out in the daily 
paper to request transfers of the Principals of the school 
that your children previously attended and you would be 
—they would either be given a transfer or denied a transfer.

Q. And as a result of this telephone call, the person to 
whom you talked discouraged your pursuing the application 
for transfer further and you stopped at that point? A. 
At the schools, yes.

Q. And you did not pursue it further? A. Not with the 
School Board.

The Court: Anything further from this witness?
Mr. Smith: No further questions, Your Honor.
The Court: You may go down. Anything further, 

Mr. Smith or Mr. Hollowell?
Mr. Hollowell: May it please the Court, we rest.
Plaintiffs rest.
The Court: Anything for the Defendant?

Amanda Lockett—a Plaintiff—Cross



225

Mr. Hatcher: Yes sir, we would like to introduce 
some evidence.

The Court: Do you have several witnesses you 
want to use?

Mr. Hatcher: Yes sir.
The Court: Well, we’d better take our noon recess, 

I guess, at this time. We will take a recess at this 
time until 2 ’oclock. We will reconvene at that time. 
Now, in order that we may have some idea of the 
situation, what is your estimate— of course, I realize 
you can’t be accurate about it—but what is your 
best estimate about the time that will be required. 
Understand, I ’m not trying to hurry you or anybody; 
I ’m just trying to get an idea about the time.

Mr. Hatcher: An hour and a half.
The Court: Mr. Hollowell, do you anticipate that 

there will be— of course, you don’t know what his 
testimony is going to be but, as far as you know, will 
there be anything except examination of the wit­
nesses that he puts on?

Mr. Hollowell: Insofar as I can think of at the 
moment, no, Your Honor. I was about to suggest 
that if counsel felt that there might be other matters, 
even relating to that which he would want to bring 
out, we might be able to stipulate. I would certainly 
be happy to consider it with him.

The Court: Well, in any event, it appears we’ll 
have no difficulty in getting through this afternoon. 
That’s what I was really trying to determine.

All right, we’ll reconvene at 2 o’clock.

Lunch recess.

12:40 PM to 2 :00 PM—April 1,1964.

The Court: All right, Mr. Hatcher.

Plaintiffs Rest



226

Me. T. H. Stanley, witness called in behalf of Defen­
dants, being first duly sworn, testified on

Direct Examination by Mr. Hatcher:

Q. Mr. Stanley, what is your full name, your age, your 
residence and your occupation? A. T. H. Stanley, age 68, 
residence Muscogee County, retired Chairman of the Board 
of Royal Crown Cola Company.

Q. What connection, if any, have you with any educa­
tional institution at the present time? A. I ’m a member 
of the Board of Education of Muscogee County and a 
member of the Board of Regents of the University System 
of Georgia.

Q. How long were you employed by the Royal Crown 
Cola Company and its predecessor? A. From 1929 through 
1960 and I still continue as a member of the Board.

Q. Prior to your connection with the soft drink, industry, 
did you have any occupation as a teacher or superintendent 
or principal of any school? A. About 14 years in educa­
tion work.

Q. As a member of the Board of Education of Muscogee 
County School District have you ever served on any com­
mittee especially concerned with the desegregation of the 
public schools of this County? A. I served as chairman of 
the committee appointed by President Kinnett to develop 
the plan of desegregation that was finally presented and 
approved by the Board.

Q. Will you please explain to the Court what studies and 
interviews were made by you and members of your commit­
tee in an effort to determine what plan of desegregation 
was best for this School System? A. Members of our 
committee made trips into the Southeastern states, where

T. H. Stanley—for Defendants—Direct



227

the schools had some form of desegregation; and then we 
talked to the people involved in those school systems; and 
then we had conferences with representatives of the Health, 
Education and Welfare Department of Washington; rep­
resentative of the Attorney-General’s office in Washington; 
representative of United States Commissioner of Educa­
tion’s office in Washington, and people at Fort Benning; 
people here in our community representing both the colored 
people and the white people, our County Commission, our 
City Commission, and representative leaders of both races 
in this area.

Q. After these studies were made, was a plan of deseg­
regation formulated by your committee! A. It was.

Q. Why did your committee believe that a plan of deseg­
regating one grade a year was best for the school children 
of this community? A. Mr. Hatcher, our understanding 
of the function of the Board of Education of Muscogee 
County is to provide quality education for all of its young 
people, and the Board is dedicated to do their best to make 
that and keep that up to date.

That involves several questions: The first question in­
volves change in tradition and it involves the movement 
of certain individuals into different environments; and it 
was our belief that the key of any quality education sys­
tem must be built around the individual, and unless the 
environment in which that individual is studying and learn­
ing is pleasant and sympathetic and compatible, then he is 
not in the best environment to realize his fullest potential.

And we moved one grade at the time because we knew 
that that adjustment had to take place and that adjustment 
as the years go by should be a process of evolution and not 
one of revolution. And so, we moved in that direction based 
on that philosophy of quality education, which we think we

T. H. Stanley—for Defendants—Direct



228

have been providing and want to continue to provide in 
Muscogee County.

The second thing it involves is something—after checking 
with these various areas—was they all said you need some 
experience and each one of them had a different experi­
ence ; and they said to us that you will learn as you go along 
how to do this thing and maintain quality education. And, 
therefore, in keeping with the fundamental principle of trial 
and error and learning by experience, whether it’s in eco­
nomics or social life or political life, exercising the power 
of free choice, we just decided we ought to move slowly 
until we learned and get the right base on which we could 
proceed further.

Q. Was this plan that was formulated the unanimous 
plan of the committee! A. It was.

Q. Was it approved unanimously by the Board of Edu­
cation? A. It was.

Q. Since its adoption did your committee give notoriety 
to it by publication in the newspapers and otherwise? A. 
We used all forms, newspaper, radio and television and the 
mailing of the plan to representative key people. We gave 
it every publicity we knew how.

Q. Did you have any criticisms of the plan? A. We re­
ceived two letters. One was approval of the plan in saying 
we had acted wisely and the other was from Mr. Ford, who 
testified this morning, the President of the NAACP of this 
area, who protested the plan.

Q. Was this plan adopted in good faith to comply with 
the decisions of the Supreme Court of the United States, 
as you understand them? A. It was and our belief in that 
was that the purpose of the Board of Education was to 
provide opportunity for choice and we moved in that direc­
tion, believing that we were keeping faith.

T. H. Stanley—for Defendants—Direct



229

Q. Do you now believe that the plan that you’ve adopted 
is the best plan for this community! A. Ido.

Mr. Hatcher: He’s with you.

Cross Examination by Mr. Hollow ell:

Q. Mr. Stanley, when were you in conference with the 
United States Commissioner of Education? A. April IS, 
1963.

Q. Who was he at that time? A. What’s your question?
Q. Who was he at that time? A. Mr. Quigley.
Q. Quigley? A. And I believe it was Lilly White in this 

meeting and Mr. Barrett, I believe; and then, there’s one 
other and I don’t recall what the other’s name was, but he 
was the representative of the Attorney-General’s office, 
Justice Department here in the State of Georgia. I believe 
that’s right.

Q. This was before the plan was drawn up, is that not 
correct? A. That’s correct.

Q. Have you ever submitted any of these copies of the 
plan? A. Sir?

Q. Have you submitted to any of these persons a copy 
of the plan since it was drawn up? A. Yes sir.

Q. Have you received any comments from them? A. I 
don’t think so.

Q. So that, none of these people that you have mentioned 
in the Attorney-General’s office, that is the U. S. Attorney- 
General’s office, and HEW, as we commonly call it, De­
partment of Health and Welfare, Health, Education and 
Welfare, have ever written you to the effect that this was a 
good plan to effect that which you said on direct testimony 
that you were seeking, have them? A. No, but we were led 
—we were asked by them in this meeting—

T. H. Stanley—for Defendants—Cross



230

Q. Well, sir— A. —to present a plan.
Q. Yes, but your answer to my question is “ no” ? A. 

That’s correct.
Q. Now, what cities did you visit in connection with the 

plan? A. Our committee visited High Point, N. C., Chat­
tanooga, Tenn., Nashville, Term., New Orleans, La., Atlanta, 
Ga. and so on.

Q. I presumed that you talked with the Attorneys-Gen- 
eral in those places? A. We talked to the attorneys and 
the professional people, the school superintendents and 
those who had charge of the implementation and admin­
istration of the plan.

Q. I believe you indicated that the basis for your draw­
ing the plan in the manner that you did was to provide 
quality education, is that what you said? A. To keep qual­
ity education.

Q. Was to keep quality education? A. That’s right be­
cause I thought we already had it.

Q. Even with the nearly 2,000 pupils that you have on 
double sessions, both Negro and white, you feel that you are 
able to give quality education! A. Ido.

Q. But you’ve never improved that quality? A. But 
your double sessions are only through the third grade, if I 
recall correctly.

Q. Don’t you think that the First to the Third grades 
form a very important basis for the education which one 
gets above that level? A. No doubt, it does; so, we used 
—we eliminate certain things but you have 4y2 hour ses­
sions, I believe. Mr. Shaw would have to testify to that, 
use 4Yo hour sessions ; and, of course, we hope as the money 
becomes available and so forth to do away with double 
sessions everywhere.

T. II. Stanley—for Defendants—Cross



Q. Would there be any real problem in assigning stu­
dents to the school nearest them, insofar as the school near­
est them would accommodate! A. No, I don’t see any 
problem, if that was the only factor, if proximity was the 
only factor.

Q. Would there be any difficulty in having a teacher to 
teach 26 or thereabouts students, whatever would consti­
tute a normal and effective load for a teacher, in a class 
made up of students who live near or nearest to that school? 
A. No, I don’t see any, provided that’s the only factor.

Q. Would it be less expensive to the School Board if 
students were permitted to go to the school which was 
nearest to them? A. I can’t answer that because I just don’t 
know, because I don’t know what the grades would be and 
the availability o fthe school next to them. I just couldn’t 
answer that. That would be a question for the administra­
tion of the schools.

Q. Well, I believe you indicated that you had been an 
executive in Pepsi-Cola, was it, sir? Pepsi-Cola? A. What?

Q. What was the name of the soft drink company? A. 
Royal Crown Cola Company.

Q. Royal Crown? A. Yes.
Q. Well, let me phrase it again, if I might, Mr. Stanley: 

You were the executive for many lears in the Royal Crown 
Cola Company? A. I was.

Q. And you have had experience with education? A. Yes.
Q. And you’ve been on the Board for a number of years? 

A. Yes.
Q. And you approve the appropriations, that is for the 

operation of the schools in the school system, do you not? 
A. Yes.

Q. And you are familiar with the fact that a budget is 
made up for the approval by the Board of the funds which 
are to be used for the running of the schools? A. Yes.

T. H. Stanley—for Defendants—Cross



232

Q. And you know that it costs money to buy busses and 
other conveyances with which to transport children to 
schools? A. Yes.

Q. And you also know that if one lives within a mile and 
a half of school he could walk to school and not have to 
be transported by a motor conveyance? A. That’s correct.

Q. As a matter of fact, one is not even authorized to 
use the transportation provided by the school system if he 
lives less than that distance from the school; isn’t that true? 
A. Yes.

Q. Then, with that background, Mr. Stanley, I  ask you 
would it not be less expensive to the School Board if the 
students for a particular school were drawn from the per­
sons who live in closest proximity to the school, than it 
would to be transporting students back and forth across 
town to attend schools, when they could attend others that 
were closer to them? A. I just wouldn’t know because I 
don’t know what grades are involved.

Q. Any grade? A. If you put all the grades in that one 
scholo from the kindegarten through the 12th grade, of 
course, your statement would be correct; otherwise, you 
couldn’t base it on any accuracy whatsoever.

Q. Well, let’s take any grades and any schools; in other 
words, if a person is in the 12th grade, whatever school 
that he might be nearest to, then that school of that indi­
vidual, if he was in the First, whatever grade or whatever 
school was nearest to where he lived—it wouldn’t make any 
difference as to the grade? I ’m talking about proximity of 
school and student? A. I think that’s correct.

Q. Thank you. A. If that’s the only factor you’re in­
volved with. Of course, there are other factors that might 
be considered.

Q. Well, you mentioned another, movement into certain 
environment where Negroes would be in attendance at

T. H. Stanley—for Defendants—Gross



233

schools with white children and vice versa, is that correct? 
A. That’s correct.

Q. And you mentioned the matter of needing some experi­
ence, how much experience would you suggest that you could 
get by having 4 or 5 students in 4 or 5 schools, that is 4 or 5 
Negro students in 4 or 5 so-called white schools over the 
City; what experience would you think that that would give 
you? A. I think it would give us a pretty good picture.

Q. What kind of picture now are you talking about? A. 
Of the things that would take place and the effect on the 
individuals in that school, and then on the effect of the 
community, et cetera. I think it would give us a good 
picture.

Q. Now, what do you mean by “ effect” ? A. As to whether 
or not the individual improved in that school as he would 
improve otherwise, and whether or not then there were 
other things that we learned that we should do to provide a 
climate which would be more conducive to good education.

Q. Now, what kind, which individual are you talking 
about, the one individual who is transferred into the school 
that has 1,000 people; now, he’s maybe a freshman—no, 
he’s a senior; we’ve got one Negro senior in a school that 
has 1200 students: Now, you think that that’s going to make 
some terrific effect upon that school, is that correct? A. It 
could.

Q. Would it make more effect if you had 100? A. I don’t 
think there would be too much difference.

Q. As a matter of fact, it wouldn’t make too much if 
you had 200? A. Well, you mean from the—well, that 
would depend. I don’t know whether it would or not. I 
think we’d learn just as much from the 1 and we’d learn 
from the 200; and we need the knowledge of the one, so 
we can think about going to the 200.

T. H. Stanley—for Defendants—Cross



234

Q. Well now, that’s as to the effect that it would have 
upon the white students in that school, is that what you 
have reference to? A. No, on the white and the colored.

Q. In other words, the one’s effect upon the 1,000 and the 
1,000’s effect upon the one? A. Eight.

Q. And you think that you need some experience with 
that? A. Ido.

Q. And this testimony that you have given is what you 
used and what the Board used as a basis for the establish­
ment of this transfer plan, is that correct? A. That’s one 
of the reasons, and the other reason, we thought we’d move 
in the 12th grade there because we thought that the child 
there should have freedom of choice, because everything we 
have is based on choice in this County, whatever it is.

Q. All right, now let’s explore that just a moment, Mr. 
Stanley: You mentioned this freedom of choice; he doesn’t 
have any freedom of choice as to which school he is assigned 
to, does he? The person seeking transfer, he has no freedom 
of choice as to the school to which he is assigned? A. Ex­
cept he has the choice of where he wants to live, whether he 
wants to live in that area or not.

Q. Well, we’re not talking about where he lives? A. But 
if he lives there up through Junior High School, he’s as­
signed to the school.

Q. And this board makes that assignment or the Super­
intendent? A. That’s correct.

Q. At the meeting of the Board? A. That’s correct, 
that’s correct.

Q. So, there’s no choice about that, is there? A. No, 
except he elects to live there.

Q. Well, the Board doesn’t seek to control where one 
lives? A. No, no, that’s freedom; that’s freedom of choice.

Q. That’s freedom of choice as to living? A. That’s 
right.

T. H. Stanley—for Defendants—Cross



T. H. Stanley—for Defendants—Cross

Q. W e’re talking about freedom of choice as relates to 
this educational system; so, he has no choice as to where he 
is assigned? A. After he elects a place to live.

Q. Well, he couldn’t go to any school if he didn’t live in 
the County, could he? Is that right? A. But he doesn’t 
have to live in that particular section.

Q. But wherever he lives ? A. Yes.
Q. And then, having been assigned by the Board, without 

regard to any grade, whether it’s 1 or any place from 1 to 12, 
the only way he can get away from that school is to request 
a transfer and that would be applicable only to the 12th 
grade as of now; is that right? A. That’s correct.

Q. So, then the only persons that are being given any 
of this free choice that you’re talking about is a person who 
is seeking to transfer out of the school to which he has been 
assigned in the 12th grade, that is correct? A. Those who 
have finished the 11th grade. You have two criteria to be 
transferred: One is he must have the number of credit 
units required for the 12tli grade in the school to which he 
asks to be transferred; and, second, he must make an ap­
plication.

Q. And those are the only two? A. The only two. We 
have no attendance areas for high school.

Q. Except that he has to be also—I ’m sorry—he has to 
also make this application? A. That’s right.

Q. Within the period February 1 to February 15? A. 
That’s correct.

Q. Or such other period of time like that that the Board 
might at some time establish ? A. Or if it was a hardship 
case, it could be met with at any time by the Superintendent 
and the Board.

Q. Within that one grade that is applicable for a given 
year? A. That’s applicable for ’64-65, the 12th grade.



236

Q. Now, suppose that a person starts in the 12th grade 
at Spencer High in ’64, September; and suppose that he 
goes for a quarter of a year and he has to drop out because 
his father dies and he has to help support the family; and 
suppose that prior to the passing of his father he had asked 
for a transfer and the transfer had been granted from 
Spencer to Columbus High and he was going to Columbus 
as of that time; he’s still living in the same place; he works 
during the rest of that year and that summer, and the situ­
ation becomes such that he can go back to high school the 
next year; that would be ’65, September; still lives in the 
same j)lace:

IJnder the plan, where would he be assigned? A. To the 
school where he spent that last quarter.

Q. What do you base that on? A. The 12th grade be­
cause the 12th grade is already an integrated grade.

Q. You mean it’s already a grade to which one can trans­
fer? A. And after it’s integrated, the 12th graders who 
come in the community, they do not have to get transferred; 
they make it direct to the school of their choice.

Q. Does the plan say that? A. It intends to say that.
Q. Well, could you show me any place in the plan where 

it makes such provision (handing document to witness) ? 
A. Anyway, our interpretation of this, maybe the language 
is not too clear, is this: that on September 1 or when the 
school opens in September for the integration of the 12th 
grade, then that grade is integrated and all comers to our 
community who are eligible for the 12th grade do not have 
to transfer; they may go directly to that school in the 12th 
grade.

Q. Anybody? A. Anybody, after the year of integration; 
that’s in the 12th grade; any time, they go directly to the 
school of their choice, make application.

T. E. Stanley—for Defendants—Cross



237

Q. That would be your interpretation? A. It is our in­
terpretation.

Q. Has this been discussed by the Board? A. It has.
Q. And this is your understanding of what is meant by 

the plan? A. It is.
Q. So that, each grade beginning with the 12th grade, 

once an individual— or strike that— once the year has passed 
which is affected by the plan, thereafter any individual 
desiring to go to that school or rather to go to any school 
that has already passed this year of desegregation, shall we 
say, can come into that grade in any school? That’s put 
badly, Mr. Stanley; let me rephrase it and I think I can do 
it a little better than that.

Let’s take another example: Here is a youngster who 
quits school in the 11th grade, he quits school at the end 
of this year; he’s in the 11th grade now and he quits school 
after the end of the year; he has passed to the 12th grade; 
he doesn’t go to school next year: Could he go to any 
school of his choice, any high school of his choice, in 1965? 
A. Yes, in the 12th grade.

Q. In the 12th grade ? A. Sure.
Q. This is the way you interpret the plan? A. That’s 

right.
Q. Now, how many years would you suggest that it would 

take to completely desegregate the school system from the 
standpoint of students and grades? A. 12 years.

Q. 12years? A. Yes.
Q. Have you counted it carefully? A. Well, I ’m count­

ing from the first grade. I ’m not counting the kindergarten.
Q. Well, let’s start back the other way: It would take 

4 years before you got down to the 8th grade, is that cor­
rect? A. Down to the 8th grade.

Q. That’s right; therefore, a student Avho would be com­
ing into the 9th grade, that is in the feeder system, he could

T. II. Stanley—for Defendants—Cross



238

go into—well, let me strike that just a moment—you have a 
junior high school here, don’t you! A, We have some of 
our schools—we have junior highs and then we have some 
schools that begin high scholo at the 9th grade. Ordinarily, 
our high school begins with the 10th grade.

Q. I see. Now, if a student was going into the 8th grade 
in 1964 in September, he would have to go to the school to 
which he has already been assigned, right? A. 8th grade?

Q. Yes? A. Well, the 8th graders, he would have to go 
to the school in the area where he lived according to the 
attendance areas.

Q. Now, normally, how many more years of schooling 
would he have ? A. An eighth grader ?

Q. Yes? A. He’s supposed to have had 8 years when he 
finishes the 8th grade.

Q. No, I mean how many more years of schooling in the 
public system would he have? A. Four more.

Q. He would have four more years of school, is that cor­
rect? A. Correct.

Q. Now, when would he get to a point where he could go 
to a desegregated school in the City of Columbus? This is 
a youngster going into the 8th grade in September, ’64? 
A. You’re still using that as a hypothetical case?

Q. Yes? A. As a hypothetical case.
Q. I mean, based on the plan? A. What’s that?
Q. Based on the plan? A. Based on the plan the 8th 

grader couldn’t go in September, ’64.
Q. Wei, that wasn’t the question? A. The 12th grade. 

Now, if you’re using a hypothetical case, suppose an 8th 
grader could—

Q. No, no, the question is, Mr. Stanley, a person who 
would be enrolling in the 8th grade in September of ’64 
would have to go to schol to which he is assigned? A. Bight.

T. H. Stanley—for Defendants—Cross



239

Q. Now, my question was, when would he get to a point 
in the public school system, supposing that he went to school 
every year and passed every year, when he would be able 
to attend school on a non-segregated basis! A. Now, he’s 
going into the 8th grade!

Q. Yes! A. The 8th grade. You mean into the 8th grade 
now, not out of the 8th grade!

Q. Coming in? A. Into the 8th grade; that would be 
8 and 9tli and then he would work down to 12 and 11; it 
would be right around be 2 to 3 years.

Q. 2 to 3 years? A. That’s right.
Q. When would a child entering the first grade have an 

opportunity to have a desegregated education in the public 
school system under the plan? A. 6 years down to the 6th 
and he would be up to the 6th; about 6 years.

Q. Beg pardon? A. About 6 years.
Q. Six years? A. Yes, he goes up and one comes down.
Q. But would he be at a point where he could transfer, 

when would be first get to the point where he could trans­
fer? A. He’ll be able to transfer when he reached that point 
that that particular grade was desegregated.

Q. And the earliest time that that could happen would 
be when? A. Beginning in the first grade, it would be in 
the 6th year, I believe.

Q. In the 6th year? A. You come up one year and you 
come down one year, you see.

Q. Nowq isn’t it true that under the plan that all that 
would happen to this youngster is that he would have the 
oppotrunity for applying for a transfer within that 6th 
year, not that the school to which he would be assigned would 
be a segregated school, I mean a desegregated school? A. 
I think that’s correct because then he would make applica­
tion on the same two criteria that we’re using now on the

T. H. Stanley—for Defendants—Cross



240

12th grade, which is passing, being able to pass to the next 
grade satisfactorily or having passed satisfactorily and 
making application for transfer. There would be no change.

Q. All right, now let me take this example: John Doe is 
in the 11th grade now, he still lives in the same place, he 
finishes the 11th grade in May, still living in the same place: 
Now, where would he normally go under this system? 
Where would he normally be assigned for the 12th grade? 
A. He’s finishing the 11th grade?

Q. Yes? A. This year?
Q. Yes? A. He makes application to the school of his 

choice.
Q. There are no assignments? Is this what you’re saying, 

there are no assignments in the 12th grade? A. No, he 
makes application to be transferred to the school of his 
choice.

Q. Do I understand then that under this plan from now 
on there will be no assignment of students to schools, 
once the year of desegregation, so to speak, has passed; 
that there will be no assignments in that grade at all? A. 
Correct.

Q. But this again is your interpretation of the plan, is it 
not? A. Now, you remember, when we get back down to 
certain grades where there’s tremendous numbers, you see, 
of course, you’ll have to take into consideration facilities 
and things like that. He might not be able to go to the 
school of his first choice either white or colored, like they 
are now. Right beyond me there, the folks over there can’t 
go to Clubview School, white, have to transfer them over 
town because there’s no space there for them.

Q. And that situation will remain the same, so far as you 
know? A. Well, I hope it doesn’t but it’s most probable and 
it certainly is possible.

T. H. Stanley—for Defendants—Cross



241

Q. So that, insofar as you can think of, based upon the 
questions asked and based upon your experience in working 
with the committee which formulated this plan, these are 
the reasons for the plan? A. Yes.

Q. Such as it is? A. The reasons I gave in the beginning, 
yes.

John R, Kinnett—for Defendants—Direct

Mr. Hollowell: All right, I don’t believe there are 
any further questions.

Mr. Hatcher: Come down, Mr. Stanley.

Mb. J ohn R. K innett witness called in behalf of Defen­
dants, being first duly sworn, testified on

Direct Examination by Mr. Hatcher:

Q. Mr. Kinnett, what is your full name, your age, your 
address and your occupation? A. My name is John Robin­
son Kinnett, I ’m 65 years old, I live in Muscogee County, 
I ’m official of Kinnett Dairies, Inc.

Q. With what educational instructions are you connected 
and in what capacity do you serve such institutions? A  
I serve as President of the Board of Education of Muscogee 
County School District.

Q. How long have you been a member of the Muscogee 
County School District? A. I was first appointed to the 
Columbus School System in 1945 and served continuously 
from that date until this. Of course, the Muscogee County 
School District was only organized in 1950, I believe.

Q. When did you become President of the School Board? 
A. This past June.

Q. Who did you succeed as President of this Board? A. 
I succeeded Mr. B. H. Hardaway, Jr.



242

Q. On what committee of the Board did yon serve before 
you became President? A. I was on the Finance Committee 
and I was on the property committee.

Q. Were you Chairman of the Property Committee? A.
I was Chairman of the Property Committee and have been 
Chairman of the Property Committee since I first came on 
the School Board.

Q. As Chairman of the Property Committee, are you 
familiar with the school buildings of the Muscogee County 
School System? A. Yes, I think I have a personal knowl­
edge of every school building in the City or in the District, 
I mean.

Q. How many of these schools are now in operation? A. 
Well, I believe we have one new school that’s been opened 
within the past week, which is to be added to—I believe we 
have 59 schools in our District, in addition to the 2 voca­
tional schools.

Q. How many of these schools are attended by white 
people and how many are attended by Negro students? A. 
There are approximately 41,000 total pupils and I think 
that we have 29,500 white children and 11,500 Negro chil­
dren at the date when these records were made up.

Q. What are the newest senior high schools that have 
already been completed? What’s the newest high school 
senior high school erected in this County? A. Spencer and 
the Carver High School, sir.

Q. Are they attended by Negro? A. They are both Negro 
high schools.

Q. What are the newest junior high schools that have been 
erected in this County? A. The newest junior high, Rich­
ards and Eddy. Both of those are white pupils.

Q. Are the schools in this County attended by Negro 
children equal in every respect to the schools in the County 
attended by white children?

John R. Kinnett—for Defendants—Direct



243

Mr. Hollowell: We object to that, Your Honor, 
as being a conclusion and there has been no founda­
tion laid for drawing that kind of conclusion. Equal 
in what? Especially where there is no qualification 
of it as to what lie’s talking about, whether he’s talk­
ing about educationally speaking, academically, fa- 
cilitywise, et cetera ?

Mr. Hatcher: If the Court please, Mr. Kinnett has 
stated he’s been familiar with these schools ever since 
the School District was established, being Chairman 
of the Property Committee. I ’m talking about the 
physical equipment.

The Court: Well, let’s specify what you’re talking 
about.

By Mr. Hatcher:

Q. I ’m speaking of the physical equipment; are they 
equal to the schools occupied by the whites? A. I would say 
so in every instance. It has been the policy of the School 
Board to bring all of the old buildings that we took over 
up to A-No. 1 condition, which we have done since—

Q. Have any of the schools constructed in Muscogee 
County been made the subject of or considered for any na­
tional or regional awards? If so, what schools received 
these awards? A. Yes, two Negro schools, the Carver ele­
mentary and the Spencer High schools.

Q. What were those awards given for? A. Aeck Associ­
ates of Atlanta, Georgia, were the architects who drew the 
plans and specifications for the Carver elementary school 
and received honorable mention in the school executive com­
petition for better school design. This school’s plans and 
designs weer also exhibited at the St. Louis regional meet­
ing of the American Association of School Administrators,

John R. Kinnett—for Defendants—Direct



244

held in St. Louis in February, 1952, which was the year that 
these plans and specifications were completed and started 
building.

Also, Mr. E. Oren Smith, architect of Columbus, Ga., 
received the blue ribbon award at the 1952 South Atlantic 
District regional conference for his plans in the design of 
the Spencer High School.

Mr. Smith also received an award from the American 
Association of School Administrators at their 1953 Atlantic 
City convention for his design and the economy of construc­
tion of the Spencer High School.

Q. Are you familiar with the plan to desegregate the 
schools of this County, which was adopted by the Board of 
Trustees on September 12, 1963? A. I am.

Q. Did you make any effort prior to the adoption of this 
plan to study the question of desegregation of the schools 
in this County and, if so, what efforts and what studies did 
you make! A. I did. Mr. Stanley in previous testimony, 
I was on the committee that served with the committee with 
him, and he has enumerated the various steps that the com­
mittee took. I served as ex-officio member of that committee 
and was with the members of the committee on the various 
conferences and some of the trips that were made; and it 
was trough the information gathered in these conferences 
and the visits that we made that the committee formulated 
the plan and recommended it to the entire School Board.

Q. At the time of the adoption of the plan to desegregate 
by the Board, was there any threat of litigation, if the plan 
was not adopted! A. No formal request had been received 
by the School Board since the 1961 Georgia Legislature met 
and removed from the statutes any laws prohibiting the 
public schools of Georgia to consid formulating such a plan 
or putting such a plan into effect.

John R. Kinnett—for Defendants—Direct



245

Q. Did the School Board act in good faith in adopting 
this plan? A. It did.

Q. Is the plan, in your opinion, a prompt and reasonable 
start toward the complete desegregation of all the schools 
in Muscogee County, Georgia?

Mr. Hollowell: Now, may it please the Court— 
well, he said in his opinion.

The Witness: Will you state your question again?

By Mr. Hatcher:

Q. Is the plan, in your opinion, a prompt and reasonable 
start toward the complete desegregation of all the schools 
of Muscogee County, Georgia? A. It is sir.

Q. Will the plan, in your opinion, completely desegregate 
all the schools in Muscogee County, Georgia, with all de­
liberate speed ? A. I think it will, sir.

Q. Is the plan adopted by the Board, in your opinion, 
a comprehensive plan which will best accomplish complete 
desegregation of the schools within the least possible time? 
A. I think so, yes. I think the plan adopted will permit our 
administrative staff to continue conducting a program of 
quality education; and, after all is said and done, we’re in 
the business of education, nothing else; that’s our prime 
motive, is education. And I think this plan, which has been 
adopted, will come as near permitting us to continue doing 
our foremost job with the least amount of disruption.

Mr. Hatcher: Thank you; he’s with you.

Cross examination by Mr. Smith:

Q. Sir, would you spelled your name, please? A. Yes, 
Iv-i-n-n-e-t-t (spelling).

John R. Kinnett—for Defendants—Cross



246

Q. And that’s pronounced Kinnett? 2A. Kinnett.
Q. Now, are yon presently the President of the School 

Board? A. Yes, I am.
Q. Now, you stated that the high schools, Spencer and 

Carver high schools, were the last high schools which yon 
had built in Muscogee County: Could you tell us when they 
were built? A. Yes, they were built, I think it was in ’52 
and ’53. I forget whether they were opened in the fall of 
’53 or what. It was during the year ’52-’53, was when they 
were built.

Q. And no high schools have been built since that time? 
A. No.

Q. Are any under construction now? A. Yes, one was 
started just within the past week. I think I heard Mr. Shaw 
state, this morning that they were laying out the founda­
tions there this morning.

Q. And when do you anticipate that this school will be 
completed? A. It will possibly be 18 months, 15 or 18 
months.

Q. So it-will probably open in September o f ’65? A. Pos­
sibly.

Q. Now, will this be a white school or a Negro school? A. 
Will it what?

Q. Will it open as a white school or a Negro school? A. 
Well, that’s hard for me to answer. It will not—

Q. Well, when these plans—excuse me? A. All right. I 
started to say, it will not be designated as a Negro school 
or a white school. It’s in a white residential area at the 
present time, but our plan going into effect in September of 
’64, Negro children will be privileged to apply for that 
school just the same as they would any of the other high 
schools.

John It. Kinnett—for Defendants—Cross



247

Q. But they would have to make application though to 
go to that school ! A. Well, they’d have to make application 
to go to that school as they would any other school. It won’t 
be operated any different from any other school.

Q. I see, but you’re not saying that every high school 
child who makes an application to attend the school as of 
now, are you! A. Restate your question.

Q. In other words, a person in the 10th grade high school, 
say the 10th grade or the 9th grade, the 9th or 10th grade, 
does not now have to make an application to that school; 
in other words, the Board assigns him to school first and 
then he makes his application if he wishes to transfer! A. 
Well, our plan does not presently cover—I say, our plan 
does not presently cover the 9th or 10th grades yet.

Q. Yes, but just generally speaking now, when a person 
graduates from junior high school or from the 8th grade 
and enters the 9th, the high school in the 9th or 10th grades, 
he is assigned to a particular high school; he doesn’t have 
to write down a request which school he wants to attend; 
is that a fair statement! A. I think that is possibly cor­
rect.

Q. Now, you also mentioned that the Richards School 
and the Eddy School had been the last junior high schools 
built; the Richards school is a Negro school! A. No, no; 
both of those are white schools.

Q. Both of those are white schools! A. Yes.
Q. When were they built! A. Well, let me see, I don’t 

know whether I have that record with me here. I would 
say that the Richards school was built—it’s possibly been 
on operation some 4 or 5 years and there’s not more than 
a year or two difference, because we did not have but one 
junior high school in this system up until some 4 or 5 years 
ago. Is that about right, Mr. Shaw!

John R. Kinnett—for Defendants—Cross



248

John R. Kinnett—for Defendants—Cross 

Mr. Shaw: ’61.
The Witness: ’61, three years ago.

Q. Now, you also mentioned some awards which certain 
buildings had received; these were all architectural 
awards? A. Yes, yes.

Q. Awards given for the plans that had been drawn for 
these particular schools? A. Right, right.

Q. Now, you stated that you were ex-officio member of 
this committee which was formed to desegregate the 
schools, I believe? A. To bring in a plan and to submit it 
to the School Board for its approval or rejection.

Q. Now, you further stated that since 1961 there had 
been no request from the community to desegregate the 
schools; now, had there been any request since 1961? A. I 
know of none, a direct application, that we had. The reason 
I picked the year 1961 and stated that was for the simple 
reason that on the laws of the State of Georgia it was 
against the State law for a school board to consider de­
segregation or integration.

Q. Sir, when was this committee to bring in a plan 
formed? A. When was it formed?

Q. Yes? A. It was formed some time during last year. 
It was appointed last year. I haven’t got the exact date 
here.

Q. Some time during the year ’63?

The Court: I think the exact date is answered in 
one of the interrogatories. I don’t remember what 
it is myself.

The Witness: July, ’63; in the middle of last year.



249

John R. Kinnett—for Defendants—Cross 

By Mr. Smith:

Q. Now, could you state the reasons why you started or 
the committee started from the 13th grade instead of the 
first grade to desegregate the schools'? Was there any rea­
son for that? A. Yes, I think that we felt like that that was 
the best grade to start with. We felt like a child in the 12th 
grade there was more mature and would know more about 
what he was doing, and we just felt like it was the best sys­
tem for us to adopt.

Q. Now, your plan, for so-called desegregation, con­
templates that when any Negro child wishes to go to a 
previously white school, he makes an application for a 
transfer; is that correct? A. That’s stated in the plan.

Q. And otherwise, he will continue to go to a school, to 
the school which has been set aside for Negroes or for 
whites, depending upon his race? A. Is he’s in that school, 
yes.

Q. Now, when the plan reaches the First Grade or the 
start of school, will a child who enters the school system for 
the first time, if he is a Negro, have to make an application 
for transfer to a previously white school, if he wants to at­
tend one? A. Let me be sure that I get your question. You 
mean when the plan has been in effect-—

Q. Yes, after 12 years and this person is entering the 
school system for the first time and he’s a Negro? A. 
You’ve really got me on the spot because I haven’t thought 
that one through.

Q. But this is through the 12 grades; he does have to 
make an application? A. That’s right.

Q. And are you suggesting that there may be some dif­
ference in the treatment of the person who is entering for



250

the first time? A. No, I ’m not suggesting anything like 
that. I say that I just hadn’t thought that one through.

Q. This was never contemplated by the committee! A. 
I wouldn’t say that it wasn’t contemplated. I said that I 
hadn’t thought the thing through.

Q. Well, according to this plan, what is your opinion? 
Would that Negro child have to apply to attend a previ­
ously all-white school, or would he be allowed to enter any 
school, or would the Board assign him to any school, de­
pending on where he lived in the City? A. In my opinion, 
a child in the first grade there, when it gets down that far, 
the child would apply to the school of his choice.

Q. The child would have to apply to the school of his 
choice ? A. Sure, he would have to apply if he wanted, if he 
had a choice; he would have to apply to some school.

Q. Well, what is the procedure normally for pupils who 
are just entering the First Grade? Say, a Negro child is 
entering the Muscogee County School System for the first 
time, does he make an application to attend a particular 
school or what, what happeis? A. You’re talking about—I 
want to make it clear—are you talking about the way that 
we have operated all the time up to now?

Q. Yes, say as of September, 1964, and this youngster is 
entering— A. The First Grade.

Q. —the First Grade or the kindergarten, wherever you 
start for the first time; he is just entering the Muscogee 
County School System, what does he have to do? A. Well, 
he has to apply to the school within the district in which he 
lives; and, if he’s not happy with that school or the parents 
are not happy with that school, if it’s possible, he could be 
transferred out of that school there to some other school of 
his choice, another Negro school. Now, you’re talking about 
Negro applicant, right?

John R. Kinnett—for Defendants—Cross



251

Q. Yes. He would apply to a Negro school! A. He would 
apply to a Negro school.

Q. And he could be transferred out of that to another 
Negro school! A. If it was possible to do so. It’s been the 
policy of this Board to make transfers if there’s a reason 
for it and we can do so.

Q. Now, going forward a period of about 12 years, what 
will a Negro child who is just entering the kindergarten or 
the First Grade at that time have to do? A. State your 
question?

Q. In other words, according to this plan, how will the 
procedure change for a child who is entering the kinder­
garten for the first time or the First Grade 12 years from 
now? In other words, when the plan reaches the First 
Grade? In other words, does this Negro child still make an 
application to a Negro school? A. I would say he would if 
he was living in a predominantly Negro residential area 
and there’s a Negro school there, I would say that he would 
possibly go to that school there. If he didn’t want to go 
there at that time, if our plan had worked all the way down 
there, I would be of the opinion that he could apply for a 
transfer.

Q. He would apply for a transfer? A. If he wanted to 
attend another.

Q. If he wanted to transfer to white school? A. Yes.
Q. That’s all.

Redirect examination by Mr. Hatcher:

Q. Mr. Kinnett, isn’t it true by adopting a plan of de­
segregation at the top gives every child an opportunity to 
attend a desegregated class if he wishes to? A. Right.

John R. Kinnett—for Defendants—Redirect



252

Recross examination by Mr. Smith:

Q. Now, can you tell us the reason why, in answer to 
this question, how does this plan give a Negro child an 
opportunity to attend a desegregated school or desegre­
gated class? A. I don’t quite get your question?

Q. As I understand, you were asked does this plan give 
every Negro child the opportunity to attend a desegregated 
class, and you said yes, if that’s a fair statement? A. Yes, 
yes; that’s correct.

Q. What did you mean by that? A. Well, I mean if they 
apply, it gives them an opportunity. I don’t know whether 
they’re qualified to meet the—

Q. When they apply to the grade, for instance the 12th 
Grade in September of ’64, they may be able to attend a 
desegregated school? A. That’s right. None of them will 
until our plan is put into effect.

By the Courts
Q. Well, what you mean, as I gather—I think we’re all 

getting confused with the use of language and let me be 
sure that I understand what we’re getting at—what you 
mean is that when the plan goes into effect, since it begins 
at the 12th grade and comes down, rather than beginning at 
the First Grade and going up, as some other plans do, that 
everybody who is in the public school system at the time 
this plan goes into effect will, before they finish the public 
school system, have an opportunity to attend an integrated 
school, if they desire to do that? A. I f they apply.

Q. Is that what you mean? A. That’s exactly what I 
meant.

Q. During the period in which it is in effect? A. Yes sir.

John R. Kinnett—for Defendants—Recross



Motion to Dismiss Plan

Q. While a person is moving up from one grade to an­
other, that everybody will have the opportunity? A. What 
I meant, if we had started at the lower grade and come up, 
all of these youngsters out here in your senior, in your 
high schools, they would be out of the picture before the 
plan would effect them.

The Court: Anything further ?
Mr. Hatcher: No sir.
Mr. Smith: Nothing further for us.
The Court: All right, Mr. Hatcher, anything fur­

ther?.
Mr. Hatcher: No sir.
The Court: Do you rest?
Mr. Hatcher: Yes sir.

Defendants R est

Mr. Hollowell: We have a motion, Your Honor, 
copy of which was served upon counsel for the De­
fendant. This is a motion to dismiss the plan and to 
require the Defendants to submit another plan, 
which is consistent with the prayers of the Plaintiff 
as recited in their complaint, and there we recite the 
grounds, Your Honor; the first being that the plan 
does not establish a unitary, non-racial school system 
as we think Brown requires;

Second, that the plan maintains attendance areas 
on a racial basis contrary to Brown; and

Third, that the plan makes assignments on a racial 
basis and places the burden of seeking transfers to 
another school within the system upon the student, 
as distinguished from change in the plan; and



254

Fourth, the plan recites no adequate reason, nor 
has there been any adequate reason given here, as a 
matter of fact, for the extended period of time pro­
vided for by the plan to effect some form, some rea­
sonable form of desegregation.

And we cite the cases which we think are control­
ling. And if I might, Your Honor, in order to clear 
the record, there has been some contrary evidence 
elicited as between statements made by a couple of 
the witnesses; so that, I question whether the Court 
thoroughly understands, and I am certain that I 
don’t, and I think that it might be appropriate to put 
the Superintendent back on and ask him about para­
graphs 3 and 6.

The Court: All right. Take the stand again, 
please, Mr. Shaw.

Mr. Hollowell: It won’t take but a moment but I 
think that there needs to be clarification at that 
point, Your Honor.

Dr. W. H. Shaw—for Plaintiffs— Recalled—Recross

Mk. W m . H. Shaw, recalled by Plaintiff, testified further.

Recross examination by Mr. Hollowell:

Q. Mr. Shaw, do you have a copy of the plan there? A. 
Yes, I do.

Q. Let me just ask you one or two questions here. Read­
ing on Exhibit “A ”, which is the plan that is Exhibit “A ” to 
the interrogatories, paragraph 3? A. That is not Exhibit 
“A ” . It’s—

Q. The plan on here is Exhibit “A ” . Oh, I see, it’s Ex­
hibit “ A ” to the answer—I have the answer before me—it is



255

Exhibit “ I ” to the interrogatories! A. What page is it in 
the answer to the interrogatories?

Q. The third to the last page? A. I ’ll turn to a copy of 
the plan; I have a copy.

Q. The third to the last page of the exhibits which are 
attached to the interrogatory answers? A. Which section 
is it now you want ?

Q. I ll, sir? A. All right.
Q. I want to read that for a second and see if this is still 

proper: “ Pupils shall attend the school within the attend­
ance area in which they reside, but transfers, upon the writ­
ten request of a pupil and his parents or his legal guardian, 
or upon the discretion of the Superintendent of Education, 
may be made, without regard to race or color, whenever it 
is in the interest of the pupil or the efficient administration 
of the Muscogee County School District.”

Now, that means what it says, does it not? That means 
what it says; there’s no—these words have their ordinary 
connotation? A. It was adopted in good faith, if that’s 
what you’re getting at.

Q. No, I ’m asking you, these words are given their nor­
mal connotation, means exactly what it says ? A. It was in­
tended to do that, yes.

Q. Now, let’s look at VI for a moment because I want 
to be clear. It says, “ All newscomers moving into the Mus­
cogee County School District after August 1, 1964, must 
register and attend the school in the attendance area in 
which they reside, but may file written application with the 
Superintendent of Education for transfer and reassign­
ment to the twelfth grade of another school. Such written 
applications will be processed as expeditiously as possible 
by the Superintendent of Education.”

Dr. W. H. Shaw—for Plaintiffs—Recalled—Recross



256

Then, it goes on to say “All hardship cases, upon written 
application and full explanation of the facts in the case, 
will be given full and sympathetic consideration by the 
Superintendent of Education and the Board of Education.” 
A. [The W itness]: Of course, you went on from VI to 
VIII. Did you intend to do that!

Q. Now, I was just reading VI, according to the number­
ing as it is on my sheet! A. Well, where you said some­
thing about it going on to say, you went to the section, Ar­
ticle VII, of the plan which it hardship.

Q. I see. Now, on the answer it is all together! A. Well, 
beginning with—

Q. In the interrogatories it’s separated! A. Well, be­
ginning with “All hardship cases” there’s a new paragraph 
listed under Article VII.

Mr. Hollowell: Your Honor, maybe for a little 
clarification, I ’ll check with counsel, Mr. Land, do 
you have your answer there, so that we can be clear 
on it; do you have the plan as submitted to the an­
swer!

Mr. Hatcher: Yes.
Mr. Hollowell: Does VI include the paragraph re­

lating to “ All hardship cases” , as it does on my copy!
Mr. Hatcher: That’s right.
Mr. Hollowell: Maybe we’d better clear that up, 

so that they would be reflecting the same thing.

Q. So that, as I understand it, which way is it intended 
to read, Mr. Shaw, the revision beginning with “ All hard­
ship cases”—which is correct! A. The first sentence, the 
beginning sentence of Article VII begins, “ All hardship 
cases, upon written application and full explanation of the

Dr. W. H. Shaw—for Plaintiffs— Recalled—Recross



257

facts in the case, will be given full and sympathetic con­
sideration by the Superintendent of Education and the 
Board of Education.” That’s the complete Article VII.

Q. So that, the Article V II of the plan is attached to 
the answer should then read Article VIII, is that correct, 
Mr. Land, for the record, and so that the Court might 
have it ?

Dr. W. H. Shaw—for Plaintiffs—Recalled—Recross

The Court: Well, as I see it, what happened is 
that in the copy of the plan that is attached to the 
answer, it is set out in 9 sections, whereas in the 
copy of the plan that is attached to the interroga­
tories it is set out in 10 sections. There’s no differ­
ence in the language; it is simply that one sentence, 
the one that begins with the words “All hardship 
cases” is set out in a separate section in the copy that 
is attached to the interrogatories.

Mr. Hollowell: It may be that counsel, and I
Mr. Hollowell: It may be that counsel, and I might 

cooperate if they want to, would want to have this 
amended to effect this change in the Exhibit “ A ” to 
the answer, so as to make it so read; and I should 
certainly have no objection to changing the form.

Mr. Hatcher: We will do that.
Mr. Hollowed: Very well.
The Court: All right; so that the original record 

will conform to what you gentlemen are agreeing on, 
as I understand what you’re doing, on Exhibit “ A ” 
to the answer you see designating the sentence begin­
ning “ All hardship cases” as being section 7 or 
paragraph 7.

Mr. Hatcher: Yes sir.



258

The Court: VII and then VII as it is in the answer 
will become VIII?

Mr. Hatcher: That’s right.
The Court: And VIII will become IX  and IX  will 

become X ; is that right?
Mr. Hatcher: Yes sir.
The Court: And we’re talking about changing the 

answer, and that will make the answer like, I mean 
the exhibit to the answer like the answer to the in­
terrogatories. All right.

By Mr. Ilollowell:

Q. So then, so that it will be clear, Mr. Shaw, under 
paragraph 3 (III) and under paragraph VI of the plan, no 
individual— I ’ll change it around—every individual must 
go to the school to which he is assigned, both now and 
under the plan, unless and until he makes an application for 
transfer; is that not correct? A. That is correct.

Q. Now, let me ask you another question, Mr. Shaw: 
Students coming from Fort Benning, say high school stu- 
dens, if they are Negro, where would they go, what high 
school would they go to as of now? Spencer? A. They have 
been going to either Spencer or Carver. They could choose.

Q. Or Carver? A. Yes.
Q. All right; now, as of September, ’64, would they fall 

in the same category as all other Negroes who attend in the 
public school system as you have indicated under Sections 
III and VI of the plan? A. Yes, they are treated with the 
same privilege of any high school pupil in Muscogee 
County.

Q. And this is true, even though say the students coming 
from Fort Benning by bus, both Negro and white students 
—well, since Baker High, for instance, is out close to the

Dr. W. / / .  Shaw—for Plaintiffs— Recalled—Recross



259

Post, the bus would come in, unload the white students and 
they carry the Negro students on over to whatever high 
school or grade school that they had been assigned to, what­
ever Negro high school or Negro junior high school that 
they would have been assigned to, is that correct! A. Well, 
let me answer, it’s partially correct but it isn’t necessarily 
correct. The contract of the Fort Benning Board of Educa­
tion with the Muscogee County Board of Education does 
not place any responsibility upon the Muscogee Board of 
Education to get those pupils to school. That’s entirely the 
problem of the Fort Benning Board of Education and the 
U. S. Office of Education, to get them, because they are ac­
tually, the majority of them reside in another county, which 
is Chattahoochee County. So, the only thing our contract 
provides is for them to pay us for their education after 
they are in our high schools. Now, how they get there is not 
our concern.

Q. Well, you say it wouldn’t be your concern? A. It is 
not our concern because they haven’t asked us to assume 
that.

Q. Well, let me ask you this: The transportation by 
which they arrive at the various schools, is any of it fur­
nished by the Board of Education? A. Not by Muscogee 
Board of Education; it’s furnished by Fort Benning.

Q. By Fort Benning? A. Yes. They assign them trans­
portation and get them to the school. That’s the reason I 
said that your question was partially true and yet it’s not 
pertinent at this point because we are not responsible for 
transporting those pupils.

Q. Of course, generally, you are concerned about all of 
your students? A. Oh, I ’m concerned; we give them the 
same quality program and treat them in every respect but 
we are not responsible for their transportation.

Dr. W. H. Shaw—for Plaintiffs—Recalled—Recross



260

Interrogatories—Evidence

Q. I think that clears it up; thank you very much, Mr. 
Shaw.

Mr. Hollowell: We have nothing further, Tour 
Honor, insofar as the Plaintiffs are concerned ex­
cept the motion which we have made and we would 
perhaps address ourselves to one or two cases which 
we thing might be controlling relative to the motion 
and to the total factual situation.

The Court: Anything further, Mr. Hatcher or Mr. 
Land?

Mr. Land: Your Honor please, as 1 understood it 
at the beginning of the case, the answers of the Defen­
dant to the interrogatories were offered into evi­
dence and were received in evidence?

The Court: Yes sir.
Mr. Land: Now, we have not gone over some of 

the facts, some of the evidence that is covered in 
the answers to these interrogatories, but I just want 
to make sure that it is in evidence and will be con­
sidered by the Court, both on behalf of the Plaintiff 
and the Defendant.

The Court: I ’m aware of that. To begin with, 
it was stipulated, and the record will so show now if 
it didn’t then, and I ’m sure it did then, that the in­
terrogatories propounded and the answers made 
thereto are considered part of the evidence in this 
case, just as if those answers and those questions 
and answers had been read here today. I have al­
ready read them and, of course, counsel are much 
more familiar with them than I am. And the fact 
that the Defendants have not gone over orally with 
some of the witnesses which you have put on the



261

Interrogatories—Evidence

stand some of the matter which is in the interroga­
tories, will not lessen the effectiveness of it, what­
ever effect it has, in the interrogatories; and like­
wise, the fact that counsel for the Plaintiffs may not 
have gone over some matter which is in the inter­
rogatories, which they may consider helpful to their 
side, by questioning witnesses on the stand, will not 
detract it.

I ’m considering every question and every answer 
in the interrogatories as being in evidence for all 
purposes. All right. Now, Mr. Hollowell, did you 
want to be heard from further!

Mr. Hollowell: Only briefly, Your Honor. I think 
if I took it along the lines of the motion itself, it 
might make it a little more organized but I don’t plan 
to take much time with that, 
to take much time with that.

We submit, Your Honor, that under Brown, which 
says that a child has a right to attend a desegregated 
system, and the plan shows on its face that there is 
nothing which this Board is doing in order to make 
this a desegregated system; there is no effort to dis­
establish the long used system, the long practiced 
system of segregation; and even under this plan, 
segregation will continue in every grade.

The only way this plan says that segregation 
would not be involved would be if there is some per­
son within a given year, whether it is now or whether 
it is 1980, the only way that he can change is that he 
must make an application for a transfer. As of the 
moment, he couldn’t do that. In September he can 
only get it if he makes an application and that ap­
plication is passed on favorably by the Board back in 
February of this year.



262

But there has been nothing done to disestablish the 
segregation process; if anything, it has been accentu­
ated ; and if there were no rules, if there are no laws 
which say that the system must be segregated, this 
plan says so, and the testimony is that it is segre­
gated and it will remain segregated from now until 
we, the Board, get ready to change it, if we ever get 
ready to change it. That’s what this evidence says, 
in sum and substance. And that’s true now and as it 
will he in the year 2000 unless they make some 
change in it.

We have the same racial bases from the standpoint 
of attendance lines. The assignments are made on a 
racial basis, and the plan gives no indication, or has 
the testimony given any indication, as to when it 
would do anything about complying with the prayers 
of the Plaintiffs, and with the cases as we under­
stand them.

And if I might, Your Honor, I would like to cite 
for just a moment from Bush v. New Orleans Parish 
School Board and from the Augustus case, which is 
Fifth Circuit; Augustus v. Board of Public Instruc­
tion, 306 F. 2nd 862, which is Fifth Circuit case; 
Bush v. Orleans Parish School Board, 308 F. 2nd 
491, which is also a Fifth Circuit case. And they say 
this, in Bush, the Court says:

“ This court, like both Judge Wright and Judge 
Ellis, condemn the Pupil Placement Act, when with a 
fanfare of trumpets it is hailed as the Instrument for 
carrying out a desegregation plan, while all the time 
the entire public knows that in fact it is being used 
to maintain segregation by allowing a little token

Argument for Plaintiffs



263

desegregation. . . . The Act is not an adequate transi­
tionary substitute in keeping with the gradualism 
implicit in the ‘deliberate speed’ concept. It is not a 
plan for desegregation at all.”

And here was a plan that really was a little looser 
than the plan that we have here. But then in Nor- 
cross, where they had another desegregation plan, 
the Court of Appeals said this:

“ The minimum requirements for non-racial schools 
are geographic zones, according to the capacity and 
facilities of the buildings, and admission to a school 
according to residence as a matter of right. Obvi­
ously, the maintenance of a dual system of attend­
ance areas, based on race offends the constitutional 
rights of the Plaintiffs and others similarly situ­
ated.” And here the Fifth Circuit panel cited Jones 
v. School Board, City of Alexandria, 278 F. 2, 72, at 
page 76.

And then, the Court went on and concluded with 
this, Your Honor:

“ Negro children cannot be required to apply for 
that to which they are entitled as a matter of right.”

And I think those cases, when added to Watson v. 
the City of Memphis, in which Mr. Justice Goldberg 
indicated that in the light of the amount of time 
which has passed since 1954, that it is necessary that 
these matters be speeded along, and Mr. Justice 
Goldberg suggested that the Brown decision did not 
contemplate that within a span of 9 years, 10 years 
now, that a school system would be able to use a plan 
such as this in order to effect further delay; but, as

Argument for Plaintiffs



264

was said in the decision relating to Augustus, “ this is 
no plan at all.” This isn’t even a pupil placement 
plan. This is a pupil transfer plan and it cannot be 
substituted, Tour Honor, for a pupil placement plan, 
because it does not in any wise begin to conform to 
the prayers of the petition in this particular case.

And, therefore, we respectfully submit that it 
would be proper for this Defendant to be required 
within a reasonable time to submit a plan that ap­
proaches with some consistency the prayers of the 
Plaintiffs.

This is not to say that the efforts of the Board may 
not have been in good faith. This is not to say that 
they have not tried. But this is to say that they have 
overlooked what the cases would seem to stand for 
and would seem to hold, and the things which gave 
the Chief Justice of the Supreme Court and Mr. Jus­
tice Goldberg, as well as Mr. Justices Harlan and 
Stewart on yesterday, and Mr. Justice Whizzer White 
—I ’ve forgotten his name, I ’ve known him so long by 
that name and by his reputation as a football player; 
but these matters gave the Court some very consider­
able concern on yesterday when we were there, cer­
tainly from the bench as the questions were 
propounded to counsel and as answers were given, 
it would give rise to the fact that the Court does not 
countenance the kind of plan that is here being sub­
mitted.

And, therefore, we ask that the prayers of both 
our motion and the prayers of the petition, based 
upon the evidence as it has been elicited in this case, 
be granted.

Argument for Plaintiffs



265

Mr. Land: Your Honor please, very briefly I 
would like to say, in reply to statement made by Mr. 
Hollowell, that the purpose and the intention of the 
Muscogee County Board of Education is set forth in 
paragraph I of this plan; and that purpose is to com­
ply with the law, as laid down in the Brown decision; 
to desegregate the schools of the Muscogee County 
School District, on a grade a year, beginning with 
the 12t,h grade in 1964; and that desegregation of the 
school system of this County shall continue at the 
rate of one lower grade each succeeding year until 
desegregation shall have been accomplished through­
out the school district.

This plan was evolved by the School Board in all 
good faith. It was compiled, it was drawn up after 
considerable study by the School Board, taking into 
consideration the conditions that exist locally, the 
problems as testified to by the witnesses, Mr. Shaw, 
and the members of the Board; the problems of hous­
ing, the problems of administration and the other 
problems with which they are faced in this commu­
nity. And after considerable study, this plan was 
evolved to bring about the situation that the Brown 
decision said had to be created and had to be brought 
about in this community.

Mr. Hollowell says that it will not bring about 
desegregation in Muscogee County. Under the plan 
which is proposed and offered by the School Board, 
it will give to the children attending Muscogee 
County high schools a freedom of choice between the 
five high schools in this County, beginning with the 
12th grade in 1964; and the Board has already given 
to all of the pupils of this County the right to choose

Argument for Defendants



266

to transfer from the school which they are presently 
attending into any other of the five high schools of 
this County, without any consideration for race or 
color of any of the applicants.

There were four applicants of the colored race, of 
the Negro race, who applied for transfer to a school 
which had previously been predominantly white. 
Those four applications have been acted upon, they 
have been passed, which I think is an illustration of 
the good faith, not only of the School Board in the 
adoption of this plan in compliance with what it feels 
the law to be, but also the good faith of the people 
who are charged with the administration of this plan 
and this program, in that those four applications 
were granted and those four transfers have been 
made.

Now, as this progresses down through the remain­
ing three grades in the high school and after the high 
schools have been completely desegregated, there 
will be a complete freedom of choice under this plan, 
as provided in the plan, without any consideration 
for race or color, or the pupil involved. We get 
down into the elementary grades and the placement 
of pupils shall be according to the attendance areas 
that are set forth and provided by the school admin­
istration authorities.

As this plan goes into operation and comes down 
through the elementary grades, it will bring about 
the desegregation of those elementary grades in 
compliance with the law. And we say, the Defendant 
Board, that we have made a move toward bringing 
about the desegregation of the schools in this County 
in compliance with the law; that that move is ade-

Argument for Defendants



267

Court’s Comments

quate, that that move is sucfficient, that this plan is 
sufficient, taking into consideration the conditions 
that exist in this community and the problems which 
will be faced by the Board and the school administra­
tive authorities in putting it into effect; that it is 
sufficient, that it is a complete compliance with the 
law, that it was made in good faith, and we ask that 
Tour Honor give it your approval.

The Court: I ’m not going to make any ruling, Mr. 
Hollowell, on the motion which you have made at this 
time. I am going to reserve my ruling in the motion.

This is the desire of the Court, I want this matter 
to take this direction. Mr. Joiner, I want you to let 
me have the record which I presume they will do, let 
them have their copy of the record in this case so 
that counsel will have it in their mail next Monday 
morning. I realize that will probably place some bur­
den on you over the week-end but that’s what I want 
done.

Then, since counsel will be receiving the record by 
next Monday Morning, I want to ask counsel to let 
me have anything they may wish to file in writing, if 
you wish to file anything—of course, I ’m not requir­
ing you to do so, it’s just up to you—anything you 
may wish to file in writing with me, so that I will 
have it in my mail by Saturday morning, well Satur­
day Morning, well Saturday week, whatever that 
date is, April 11, so that I will have whatever you 
wont to the file with me in my mail on Saturday 
Morning, April 11.

Beginning this next Monday Morning, I am going 
to be holding court out away from my headquarters 
here out of town almost continuously for the next



268

Court’s Comments

two months, and it’s going to be necessary for me to 
give attention to this matter on week-ends; other­
wise, it would be the first part of the summer before 
I could get around to it, and I don’t want to put it off 
that long. So, that’s the reason I ask that you let me 
have whatever you want to let me have, so that I ’ll 
have it in my mail when I come back home next Fri­
day night and when I come to the office Saturday 
morning I can have it, so that I can give this matter 
attention on the week-ends until I get ready to have 
my decision.

Now, let’s get back for a moment—well, before I 
leave the question of the record, I ’m placing Mr. 
Joiner under quite a burden to get this record up in 
this time: Do either of you gentlemen have any de­
sire to have the remarks that you have just made, 
your argument, a part of the record? Do you, Mr. 
Hollowell.

Mr. Hollowell: Not necessary, Your Honor.
The Court: Do you, Mr. Land?
Mr. Land: No sir.
The Court: It’s probably somewhat a repetition of 

what you’d file with me anyhow; and so, Mr. Joiner, 
you can eliminate that from the record.

Now, the question originally raised or rather 
raised earlier in these proceedings today as to 
whether this might be considered a hearing on tem­
porary as well as on permanent injunction, let’s now 
come back to that: is there any reason why we can’t 
consider the hearing as covering the entire matter?

Mr. Hollowell: May it please the Court, for the 
Plaintiff, I see no reason why not because I assume 
that the matters of the prayer and that provision of



269

Rearing Recessed

the prayer which requests the Court to retain juris­
diction anyhow would probably be sufficient?

The Court: That’s right, if I approve the plan, we 
still would retain jurisdiction. If I disapprove the 
plan, we would have jurisdiction, either way, because 
both of you have asked the Court to retain jurisdic­
tion, which is the only practical way to approach the 
thing anyhow, regardless of what the decision on the 
particular plan is.

So, we will consider this a hearing then on tem­
porary and permanent injunction, and I ’ll let you 
hear from me just as soon as I can get around to 
making a decision on it.

Before we recess, I want to take this opportunity 
to make this comment, that the Court appreciates the 
cooperation of counsel in agreeing on everything 
that you’ve been able to agree on and expediting the 
hearing; and the Court also wishes to commend 
counsel for both sides on the high quality of the 
presentation of your respective sides of the case; 
and with that, we stand in recess.

H earing R ecessed: 3:45 P.M.— A pril 1, 1964

Foregoing transcript certified to be true and correct rec­
ord of proceedings in above captioned case.
This Apr 3— 1964.

Claude Joiner, Jr.
Official U. S. Court Reporter 
Middle District of Georgia



270

Filed: April 1,1964

UNITED STATES DISTRICT COURT

F or the Middle D istrict oe Georgia
Columbus D ivision

[caption omitted]

Come now the plaintiffs in the above styled case and move 
this Honorable Court to dismiss the defendants’ Plan which 
has been filed in this case and to require said defendants to 
submit another plan consistent with the prayers of the 
plaintiffs ase recited in their complaint, and for grounds 
show:

1.

Said plan as submitted does not establish a unitary non- 
racial schol system as required by Brown v. Board of Edu­
cation of Topeka, 349 U. -S. 249.

2.

Said Plan maintains attendance areas on a racial basis 
contrary to the Brown case, supra.

3.

Said plan makes asignments on a racial basis and places 
the burden of seeking transfers to another school within the 
system upon the students, contrary to Augustus v. Board 
of Public Instruction, 306 F. 2d 862 (5th Cir., 1962) and 
Bush v. Orleans Parish Scholo Board, 308 F. 2d 491 (5th 
Cir. 1962).

Motion to Dismiss Defendants’ Plan



271

Motion to Dismiss Defendants’ Plan

4.

Said Plan recites no adequate reasons for the extended 
period of time provided by the Plan to effect some form of 
desegregation. (Watson v. City of Memphis, 373 U. S. 526)

Wherefore, plaintiffs pray that the Defendants’ plan be 
dismissed and that they be required to submit another Plan 
consistent to the prayers of the complaint.

Donald L. H ollowell 
George Smith 
A lbert W. T hompson

859% Hunter St. N.W. 
Atlanta 14, Georgia



272

In the

UNITED STATES DISTRICT COURT

F or the Middle D istrict of Georgia 
Columbus D ivision

Civil Action No. 991

Opinion of the District Court

J erry L. L ockett, Gwendolyn L ockett and J im H. 
L ockett, Jr., minors, by A rmanda L ockett, their mother 
and next friend,

Plaintiffs,
— v .—

B oard of E ducation of Muscogee County School D istrict, 
Georgia; Brice Carson, Director of Personnel, James 
Y. Moultrie, Director of Instruction, Nathan P atter­
son, Supervisor of Special Services, and G. Nathan 
H unter, Treasurer, Members of the Board of Educa­
tion of Muscogee County, Georgia; and W illiam H enry 
Shaw , Superintendent of Education of Muscogee 
County, Georgia,

Defendants.

Elliott, District Judge:

This is a proceeding seeking to enjoin the Board of 
Education of Muscogee County School District, Georgia, 
its members and certain of its administrative officials, and 
the Superintendent of Education of the School District, 
from operating a bi-racial school system in Muscogee 
County. Plaintiffs applied for a temporary and a perman­
ent injunction and when the matter came on for a hearing 
the Court received evidence and heard argument of counsel



273

and now files this opinion, which is intended as compliance 
with the provisions of Rule 52, Federal Rules of Civil Pro­
cedure.

When this case came on for trial the names of Janis A. 
Bryan and Deirdre I. Bryan, minors, by Helen M. Bryan, 
their mother and next friend, were on motion stricken as 
parties plaintiff and it was stipulated that the remaining 
parties plaintiff, Jerry L. Lockett, Gwendolyn Lockett and 
Jim H. Lockett, Jr., minors, by Armanda Lockett, their 
mother and next friend, are proper parties plaintiff and that 
they are residents of Muscogee County and entitled to at­
tend the public schools of Muscogee County.

The Plaintiffs in this case are all members of the Negro 
race and they bring this action on their behalf and on behalf 
of other Negro children in Muscogee County who are simi­
larly situated and affected and all of the circumstances 
indicate that this is a proper class action insofar as the 
question of assignment of pupils in the public school system 
of Muscogee County is concerned.

The Court has jurisdiction of this litigation pursuant to 
the provisions of §1343(3) of Title 28 of the United States 
Code, this being a suit in equity authorized under the pro­
visions of §1983 of Title 42 of the United States Code, it 
being alleged that the rights sought to be secured by this 
action are of the nature which are guaranteed by the due 
process and equal protection clauses of the Fourteenth 
Amendment to the Constitution.

The Muscogee County Board of Education maintains and 
generally supervises 59 public schools and 2 trade schools. 
Of this number forty-two are presently attended by white 
pupils and staffed by white teachers and principals. Seven­
teen are attended by Negro pupils and staffed by Negro 
teachers and principals. There were approximately 41,200

Opinion of the District Court



274

children enrolled in the system on January 30, 1964. Of 
these approximately three-fourths are white and one-fourth 
are Negro. One of the trade schools is staffed and attended 
by Negroes and one is staffed and attended by whites. The 
Board of Education also supervises the operation of all 
of the public libraries in the County.

The area covered by the school district is the entire 
County of Muscogee, embracing approximately 220 square 
miles.

During the current school year there was an increase of 
3,200 pupils in public school attendance in Muscogee County. 
This increase required 103 additional classromms and 103 
additional teachers. The increase was in approximately the 
same ratio as the normal white-Negro population, three- 
fourths to one-fourth.

There is a highly transient population element in the 
school district due largely to its nearness to Fort Benning 
and the movement of the federally connected families. Ap­
proximately 5,000 pupils have come into the County and 
have left since last September.

Every school building is filled to capacity and many are 
overflowing. Two new elementary schools are in the process 
of construction, one of which was occupied during the month 
of March. The other will be ready for occupancy in Sep­
tember. Additions are in the process of construction at six 
elementary schools, and at Columbus High School, Baker 
High School, Arnold Junior High School, and Marshall 
Junior High School, and an addition was completed at the 
Club view Elementary School this year. Work has begun 
on a new senior high school which will have a capacity of 
1,275 pupils.

There were no unused classrooms for regular school 
purposes during the 1963-64 school term. It is not contem­

Opinion of the District Court



275

plated that there will be any vacant classrooms for regular 
school work during the next schol term. On the contrary, it 
is expected that some spaces not intended for regular class­
rooms, such as libraries and other special rooms, will be 
Utilized for classroom space during the 1964-65 school 
year. It is predicted that there will be 3,500 pupils in double 
sessions during the 1964-65 school year.

The newest senior high schools erected in Muscogee 
County are Spencer and Carver High Schools, both attended 
by Negroes. Two schools in the system attended by Negro 
students have been the subject of national or regional 
awards. The Carver Elementary school received honorable 
mention in the School Executive Competition for Better 
School Design and the plans were exhibited at the St. Louis 
regional meeting of the American Association of School 
Administrators held in St. Louis in February, 1962. The 
architect who designed Spencer High School received, the 
Blue Ribbon Award.for his plans at the 1952 South Atlantic 
District Regional Conference and also received an award 
from the American Association of School Administrators 
at their 1953 Atlantic City convention.

The physical equipment of the schools attended by Negro 
children is in every respect equal to the physical equipment 
of the schools attended by white children. There is no sub­
stantial difference in the teacher-pupil ratio in the Negro 
and whie schools. This ratio in the elementary grades is 
1 to 33; in the junior high schools, 1 to 26; and in the high 
schols, 1 to 25. The school budgets are not set up on a 
racial basis. There is no differential in the per pupil ex­
penditures for Negroes and whites in the school district.

There are 1,471 teachers in the system and approximately 
400 of these are Negro. There is a single salary schedule 
based on the certificate and training of the teacher and

Opinion of the District Court



276

number of years experience. A larger percentage of Negro 
teachers on the certificate and training of the teacher and 
number of years experience. A larger yjercentage of Negro 
teachers hold Master’s degrees and their average teaching 
experience is longer than that of white teachers. This re­
sults in an average annual salary of $4,900 for white 
teachers and $5,100 for Negro teachers.

All courses offered in the Muscogee County School Dis­
trict are available to pupils in both the white and Negro 
scholos on the same basis. Distributive education is offered 
at both Jordan Vocational High School, a white school, and 
Spencer High School, a Negro school.

Junior and senior high school pupils who live more than 
one and one-half miles from their school and elementary 
pupils who live more than one mile from their school are 
eligible for transportation. As of January 30, 1964 there 
were 5,335 white pupils and 2,182 Negro pupils eligible for 
transportation to and from school. There are 40 white 
school bus drivers and 22 Negro school bus drivers.

When a child enters the public schools of Muscogee 
County for the first time, it enters the school located in the 
attendance area in which the child’s family resides. The 
attendance areas are published once a year in the local 
newspaper. Upon leaving the elementary schools, pupils 
are assigned to attend certain junior high schools. Upon 
graduation from the junior high schools, white children are 
given a choice of attending either of the three white high 
schools and Negro children are given a choice of attending 
either of the two Negro high schools. As applied to the high 
schools, there is, therefore, one high school district for the 
white children and one high schol district for the Negro 
children.

Opinion of the District Court



277

As the attendance area lines for the elementary schools 
were drawn and published for the school year 1963-64 there 
were no Negro pupils living in white school attendance 
areas, and there were no white pupils living in the Negro 
school attendance areas. There was no overlapping of these 
attendance areas at that time. There are Negro pupils liv­
ing nearer a white school than the school which they attend. 
This applies to the Lockett children, the Plaintiffs in this 
case.

Beginning in January of 1963 the Board of Education 
began holding specific discussions looking toward the formu­
lation of a plan for desegregating the schools in the district. 
There were communications between the school officials and 
the Board of Education and the U. S. Office of Education, 
the Justice Department, and the State Department of Edu­
cation regarding desegregation of Muscogee County schools. 
This discussion came about as a result of the contribution 
of United States funds to the school district for the educa­
tion of federally connected children.

On July 17,1963, the Board of Education adopted a reso­
lution providing that a committee of five members be ap­
pointed to formulate a plan to integrate the public schools 
and libraries of the Muscogee County School District, and 
to submit the plan to the Board of Education for considera­
tion not later than its next regular meeting. This committee 
was appointed and made trips into other states to observe 
the operation of plans adopted in other systems. They 
talked to people with experience in the desegregation of 
schools in those states. They had conferences with repre­
sentatives of the U. S. Department of Health, Education 
and Welfare, representatives of the U. S. Attorney Gen­
eral’s office, representatives of the IT. S. Commissioner of 
Education, officials at the Fort Benning military installa­

Opinion of the District Court



278

tion, local citizens representing both the Negro and the 
white races, County and City Commissions, and representa­
tive community leaders of both races.

On August 20, 1963, the Board of Education adopted a 
resolution proposed by this committee desegregating the 
public libraries and opening all libraries to citizens of 
Muscogee County irrespective of race. On the same date, 
August 20, 1963, the Board of Education adopted another 
resolution upon recommendation of the committee that the 
Board of Education begin no later than September 1964 
to implement in its schools the decision of the United States 
Supreme Court requiring desegregation. The president of 
the Board on the same day issued a public statement calling 
upon the people of Muscogee County to give their coopera­
tion to the Board in bringing about this change in the policy 
of operation of the public schools. This statement was 
signed by all members of the Board of Education, the 
Superintendent of Education, Treasurer and School At­
torney. On September 16, 1963 the Board of Education 
adopted the plan for desegregation of Muscogee County 
schools, a copy of which is attached to the answer filed by 
the Defendants in this case.

The plan is formulated and adopted had the unanimous 
support of the committee and was approved by the Board 
of Education. Following its adoption on September 16, 
1963, it was given publicity in the newspapers, on television 
and radio, and copies of the plan were mailed to representa­
tive citizens in the community.

On August 23, 1963 the principals’ meetings were de­
segregated.

On September 1, 1963 the public libraries were desegre­
gated.

Opinion of the District Court



279

On March 12, 1964 a Manpower Development Public 
Training class was desegregated.

Selection of the students to attend the Governor’s Hon­
ors Program to be held at Wesleyan College in the summer 
of 1964 is being administered by the local school officials 
on a desegrated basis. Eighteen Negro students and 113 
white students were nominated from this school district.

Briefly, the plan adopted by the Board for the desegrega­
tion of the public schools of Muscogee County calls for the 
desegregation of the twelfth grade beginning in September, 
1964, to be followed by the desegregation of one lower 
grade each succeeding year until desegregation shall have 
been accomplished throughout the school system. A pro­
cedure is established whereby pupils desiring to transfer 
to the twelfth grade of a high school other than the one 
to which the pupil is currently assigned in the school dis­
trict as an eleventh grade student may be made and all 
applications for transfer are to be passed upon without 
regard to race. The same will be true with respect to the 
additional grades to be desegregated from year to year.

Pursuant to the plan for desegregation, applications for 
transfers were received by the Board during the period 
February 1 to February 15, 1964 from students in the 
eleventh grades who desired to transfer to one of the other 
four high schools. All children presently in the eleventh 
grades were called into session by the principals and told 
that they would have the privilege of making application 
for transfer to any other of the five high schools and that 
the application should be made between February 1st and 
February 15th. Four applications were received from 
Negro pupils requesting transfers to formerly all white 
schools. All four of these applications were approved by 
the Superintendent of Education and the transfers granted

Opinion of the District Court



280

as requested. Four white pupils applied for transfer to 
other white schools and these applications wTere also 
granted.

In passing upon the application for transfer of a Negro 
pupil to a formerly white school in 1964, the only criterion 
which was applied was whether the child has sufficient cred­
its to enter the twelfth grade in both schools. The same 
number of credits are required in each, that is, 18 credits.

There are approximately 2,000 children in the eleventh 
grades in the high schools of Muscogee County. The school 
authorities had no way of predicting the number of appli­
cations for transfer which would be received, and for that 
reason it was felt that the period from February 1st to the 
15th should be provided for applications for transfer in 
order that the school authorities could make preparation 
for assigning the children to the school to which they had 
requested transfer. It is expected that there will be an 
influx of Army connected children in the latter part of 
April and the first part of May and again during the month 
of August. It is contemplated that this will bring about 
additional applications for admission to the twelfth grade 
under the desegregation plan, and the Board had this in 
mind and made provisions for these applications to be re­
ceived after February 15th.

As of September 1964 all twelfth grade pupils will have 
been given a choice of attending any one of the five high 
schools in the county, without regard to race. None of the 
Plaintiffs will be eligible for entry into the twelfth grade 
in September, 1964.

No application for transfer has been received by the 
Board or the Superintendent’s office from or on behalf of 
either of the Plaintiffs in this case.

Opinion of the District Court



281

At the time of the adoption of the plan for desegregation 
of the Muscogee County schools on September 16, 1963 
there was not suit pending against the Defendants seeking 
to compel desegregation of the schools and no formal re­
quest seeking desegregation had been received by the School 
Board since the State statutes prohibiting integration of 
the public schools were repealed by the Georgia Legislature 
in 1961. The present suit was filed on January 13, 1964.

In the factual setting above outlined the Defendants con­
tend that no injunction is necessary and they ask that the 
plan for desegregation of the system which was adopted 
before this suit was filed be approved by the Court. The 
Plaintiffs express dissatisfaction with the plan adopted by 
the Board but they do not offer any plan in the alternative, 
except that they insist that they are entitled to an injunc­
tion forbidding the operation of a school system which 
takes race into account in any respect. So, the question 
in final analysis is whether total immediate desegregation, 
as suggested by the Plaintiffs, or the gradual approach 
which would require a period of time, as suggested by the 
Defendants, is the more reasonable and appropriate in the 
circumstances.

The Supreme Court decision requiring an end to segrega­
tion in the public schools had the effect of charging school 
officials with the responsibility for accomplishing a feat 
never before achieved in the history of American educa­
tion—that of making a fundamental change in educational 
policy when a large segment of those affected are strongly 
opposed.. Historically, school administrators have found 
it wise to attempt to gain wide public support for proposed 
changes in school policy before making the changes. Real­
izing that his old reliable techniques are not available,— 
that because of the judicial mandate which hangs over his

Opinion of the District Court



282

head he cannot wait on the approval of the community,— 
the school administrator is caught in a cross-fire of alterna­
tives and when the conflict is joined he is almost invariably 
“ the man in no man’s land.”  Regardless of what he does 
or does not do he will usually be told that it was too much 
too soon or too little too late. He stands a great chance of 
being condemned as a villain and a small chance of being 
acclaimed as a hero. The members of the School Board 
are in much the same position. Various forces are brought 
to bear on the individual members—official, unofficial, pub­
lic and private. They are frequently torn between private 
conviction and public duty. Persons who are willing to re­
main as members of these boards in such trying circum­
stances are performing the highest type of public service, 
for the problem with which we deal can find solution only 
in the hands of local boards following a plan which has a 
substantial measure of local approval and support.

The same Supreme Court decision which ordered an end 
to segregation in the public schools recognized that in many 
communities there would be problems of great complexity 
and placed the primary responsibility upon school authori­
ties for assessing and solving these problems. This is as 
it should be, because the school authoities are experts in 
their field and, being experts, recognition should normally 
be given to their superior knowledge with respect to the 
mechanics of a plan and the timing of its effectiveness. 
Federal judges have the power to upset, revise, rearrange 
and dictate the modes and methods of operation and admin­
istration of the public schools, but this power should be 
exercised with restraint and with due regard for the recom­
mendations of those whose duty it is to administer the 
system. There is a danger of confusing omnipotence with 
omniscience.

Opinion of the District Court



283

It should not be forgotten that the primary responsibility 
of the school board is in the field of education and not in 
the area of social reform. The purpose of the schools is 
to train minds, not to revise customs. Race is not one of 
the three R ’s.

The mandate of the Supreme Court must be obeyed, but 
in making the transition from a racially segregated system 
to racially non-segrega'ted system it is important that the 
change be orderly and effective, with a minimum of turmoil 
and confusion, lest there be great damage to the system. 
Intellectual achievement must remain the primary goal 
and the events of recent years might well remind us (in the 
style of Oliver Goldsmith) that:

111 fares the school, to racial strife a prey.
Where “ incidents” multiply and scholars decay.

The obstacles making infeasible the immediate total de­
segregation of the Muscogee County system are described 
by the Superintendent of Education as follows:

“ We believe that it is the duty of the Muscogee 
County Board of Education to give each child in its 
schools the best education which it can provide with 
the funds and facilities available to it.

“We believe that it is the duty of the Board to com­
plete the desegration of the schools in the County as 
soon as reasonably possible without disrupting and 
seriously interfering with the education which it pro­
vides.

“We believe that complete desegregation of all classes 
in the System at one time or during one year would 
produce chaos and seriously impair the education of 
each child in this community.

Opinion of the District Court



284

“ There are many problems relating to housing, 
transportation, and administration— some of which 
cannot be foreseen and are not yet known—which will 
require time to solve and work out in an efficient man­
ner. Besides these problems, it is well known that 
there is a reluctance on the part of the children to 
attend integrated classes.

“ It has been a long and universal custom in the south 
to provide separate schools for the white and Negro 
children. To suddenly abandon this way of life and to 
provide integrated classes for all the children would 
produce chaos and would so injure the feelings and 
physical well-being of the children as to practically 
destroy or lessen their desire and ability to learn and 
to study.

“We believe, if all people in this community had a 
common desire to desegregate the public school system 
of this County and there was no community hostility 
whatsoever, it would still require many years of grad­
ual, persistent, and continuous effort to achieve com­
plete desegregation without causing irreparable injury 
to the quality of public education in this County.” 
(Defendants’ answer to Plaintiffs’ Interrogatory No. 
24.)

This statement by the Superintendent of Education ap­
peals to us as being framed in reason and bottomed on 
reality. It seeks to achieve a balancing of interests, de­
mands and objectives and suggests a hope for favorable 
winds and good fortune in the present shallows as we pass 
on to the safe depths we trust lie ahead.

The plan submitted by the School Board is similar to 
plans heretofore approved by the courts. We find it to be 
reasonable and legally adequate to accomplish the desired

Opinion of the District Court



285

results. The plan was voluntarily adopted. No litigation 
prompted it. The members of the School Board and the 
Superintendent of Education are highly respected citizens 
of the community and this Court has complete confidence 
in their integrity and good faith. The plan has already 
been put into operation and every transfer that has been 
requested has been approved. There is no need for judicial 
interference.

Questions regarding the assignment of teachers and ad­
ministrative personnel, as suggested by the Plaintiff’s com­
plaint, are matters which may be more appropriately con­
sidered by the School Board and by the Court when the 
plan for assignment of pupils without regard to race has 
progressed to an extent as would justify further considera­
tion of these features.

The prayer for injunction are denied. The Court retains 
jurisdiction of this matter for further proceedings and the 
entry of such further orders as may be deemed appropriate 
in the light of developing circumstances.

It is so ordered this 22nd day of April, 1964.

J. R obert E lliott 
United States District Judge

Opinion of the District Court



286

[caption omitted]

Filed: M ay4,1964

Plaintiffs respectfully move this Court in accordance with 
Rule 52(b) of the Federal Rules of Civil Procedure to make 
the following amendments and additions to the findings of 
fact made in the opinion of the court of April 22, 1964:

1. Plaintiff, Amanda Lockett, requested transfer of her 
children, the three minor plaintiffs, to white schools on 
August 28, 1963 in accordance with the required procedure 
for transfer (R. 98-101).

2. As shown by the map of school attendance areas sub­
mitted by the defendants in answer to an interrogatory, 
which answers have been made a part of the record in this 
case, there is overlapping of white and Negro attendance 
areas with Negro children residing in white attendance 
areas and vice versa. Contrary to the finding of fact made 
by this Court, the map demonstrates that there are pockets 
of Negro children completely within white attendance areas 
and pockets of white children completely within Negro at­
tendance areas. This was also brought out by the testi­
mony of George W. Ford (R. 67-80).

W herefore, plaintiffs pray that the foregoing amend­
ments and additions to the findings of fact be made.

D onald L. H ollo well 
859% Hunter Street, N.W. 
Atlanta, Georgia

A lbert W. T hompson 
24% E. 10th Street 
Columbus, Georgia

George B. Smith 
10 Columbus Circle 
New York 19, New Yok 
Attorneys for Plaintiffs

Plaintiffs’ Motion to Amend tlie Findings of Fact



287

[ c a p t io n  o m it t e d ]

Plaintiffs in the above styled case have moved the Court 
in accordance with the provisions of Rule 52(b) of the Fed­
eral Rules of Civil Procedure to make certain amendments 
and additions to the findings of fact made by the Court in 
the Court’s opinion heretofore filed in this case.

In part (1) of the motion the Plaintiffs suggest that the 
action taken by the mother of the Lockett children seeking a 
transfer of her children to white schools be incorporated in 
the findings of fact with more particularity.

Armanda Lockett, the mother of the Lockett children, 
talked to the principals of Marshall Junior High School 
and Spencer High School on August 28, 1963 and stated 
that she wished to have her children transferred to Eddy 
Junior High School and Baker High School. She was told 
by these principals to go ahead and register her children in 
the schools which they had previously attended and to ask 
for transfers at the time she registered and that her re­
quest would be presented to Mr. Shaw, the Superintendent 
of Schools, at a meeting which was to be held later in the 
week between the Superintendents and the principals. She 
later telephoned the principal of Marshall Junior High 
School and he told her that Mr. Shaw was not at the meet­
ing and her request was, therefore, not mentioned to him. 
She also telephoned the principal of Spencer High School 
and was told that he talked with Mr. Shaw about it but that 
no transfers were to be issued to any student to transfer 
from a Negro school to a white school for the school year 
1963-64. The principal of Marshall Junior High School told 
her just to forget about the matter because there was a bul­
letin out to the effect that the schools would begin desegre­
gation in September of 1964, beginning with the twelfth

Order on Plaintiffs’ Motion to Amend
Findings of Fact



288

grade. Mrs. Lockett did not communicate with Mr. Shaw, 
the Superintendent of the Schools, and neither did she com­
municate with his office. She did not make any effort to 
present any written application for transfer to the School 
Board. As a result of her conversations with the principals 
of Marshall Junior High School and Spencer High School 
she was discouraged from pursuing her applications for 
transfer further than as above indicated and she stopped at 
that point. As stated by the Court in the body of the opin­
ion heretofore filed, no application for transfer has been 
received by the Board or the Superintendent’s office from 
or on behalf of either of the Plaintiffs in this case.

The Court’s findings of fact as incorporated in the 
Court’s opinion heretofore filed are amended to include the 
details above recited.

In part (2) of the Plaintiffs’ motion the Plaintiffs ask 
that the findings of fact be amended to recite that “ there is 
overlapping of white and Negro attendance areas and vice 
versa” , reference being made to the attendance area map 
showing the school zones as established by the Board for 
the operation of the schools during the current school year. 
We decline to modify our findings of fact in this respect be­
cause to do so would be contrary to the evidence adduced.

During the course of the trial of this matter Mr. Shaw, 
the Superintendent of Education, was asked this question:

“ Q. In the zones that are now established, attendance 
zones that are now established, the areas, is there any 
overlapping of these zones as shown by the map at­
tached to the interrogatories? A. There was no over­
lapping as of last summer when that was adopted by 
the Board and published in the newspapers.”

The foregoing appears at page 56 of the record in this case. 
Mr. Shaw testified further, as shown at page 57 of the rec­

Order on Plaintiffs’ Motion to Amend Findings of Fact



289

ord, that when he used the term “ overlapping” he meant 
“whether both races are living in any one of those zones 
that are marked as an attendance area.” He testified that 
there was no overlapping when the maps were drawn.

It is true that Mr. Ford, a witness who testified for the 
Plaintiff, described the general racial characteristics of cer­
tain areas in the city of Columbus, but he made it clear that 
he was not familiar with the School Board map setting out 
attendance area zones and that he could not testify as to 
whether there are any white pupils living in Negro atten­
dance areas or whether there are any Negro pupils living 
in white attendance areas. At page 87 of the record it ap­
pears that Mr. Ford testified as follows:

“ Q. Then, if you are not familiar with the map and 
you don’t understand the school attendance areas that 
are laid out by the Muscogee County School Board, 
you can’t testify as to whether there are any white 
people living in Negro attendance areas, or whether 
there are any Negro pupils living in white attendance 
areas, can you! A. Not according to the map.

Q. And that’s not your testimony here today? A. 
That’s a question?

Q. I say, you’re not so testifying here today, that 
any white people live in Negro attendance areas as 
zoned by the Muscogee County School Board or vice 
versa? A. I can’t say they live in, what area they live 
in; no, I can’t say that, what area they live in.”

We, therefore, adhere to our findings previously made 
with respect to the question of overlapping.

This the 5th day of May, 1964.

J. B obebt E lliott 
United States District Judge

Order on Plaintiffs’ Motion to Amend Findings of Fact



290

Certificate of Service

[caption omitted]

This is to certify that I have this 1st day of May, 1964 
mailed copies of the foregoing Motion to Amend the Find­
ings of Fact to J. Madden Hatcher, Esq. and A. J. Land, 
Hatcher, Stubbs, Land and Rothschild, Empire Building, 
Columbus, Georgia, by depositing the same in the United 
States Mail, first class, postage prepaid, addressed to them 
at their above offices.

D onald L. H ollo well 
Attorney for Plaintiffs



291

Notice of Appeal by Plaintiffs

Filed: May 28,1964

[ CAPTION OMITTED]

Notice is hereby given that Jerry L. Lockett, Gwendolyn 
Lockett, and Jim H. Lockett, Jr., minors by Armanda Lock­
ett, their mother and next friend appeal to the United 
States 'Court of Appeals, Fifth Circuit, from the order of 
this Court entered April 22, 1964 and amended May 5, 1964, 
which order denied plaintiffs’ motion for a preliminary in­
junction requiring desegregation of the public schools of 
Muscogee County, Georgia.

This 27th day of May, 1964.

D onald L. H ollowell 
859% Hunter Street N.W. 
Atlanta, Georgia

A lbert W. T hompson 
24% E. 10th Street 
Columbus, Georgia

Jack Greenberg 
George B. Smith 
10 Columbus Circle 
New York 19, New York

Attorneys for Plaintiffs-Appellants



292

Filed: May 28,1964 

[ c a p t io n  o m it t e d ]

Pursuant to Buie 75(a) of the Federal Buies of Civil 
Procedure the plaintiffs hereby designate for inclusion in 
the record on appeal to the United States Court of Appeals 
for the Fifth Circuit, taken by Notice of Appeal filed May 
27, 1964, the following portions of the record, proceedings 
and evidence in this action:

1. Complaint

2. Plaintiffs’ Motion for Preliminary Injunction

3. Answer

4. Plaintiff’s Interrogatories

5. Answers to Interrogatories

6. Transcript of Hearing on April 1, 1964

7. Motion to Dismiss Defendants’ Plan

8. Order dated April 22, 1964

9. Plaintiffs’ Motion to Amend Findings of Fact

10. Order on Plaintiffs’ Motion to Amend Findings of 
Fact

Plaintiffs’ Designation of the Record



293

Plaintiffs’ Designation of the Record

11. Notice of Appeal

12. This Designation

This 27th day of May, 1964.

Donald L. H ollowell 
859% Hunter Street, N.W. 
Atlanta, Georgia

A lbert W . T hompson 
24% E. 10th Street 
Columbus, Georgia

Jack Greenberg 
George B. Smith 
10 Columbus Circle 
New York 19, New York

Attorneys for Plaintiffs-Appellants



294

C E R T I F I C A T E  O F  S E R V I C E

I hereby certify that on this 27th day of May, 1964, 1 
served copies of the foregoing Plaintiffs’ Designation of 
the Record upon attorneys for defendants, J. Madden 
Hatcher and A. J. Land, Hatcher, Stubbs, Land, and Roths­
child, Empire Building, Columbus, Georgia, by depositing 
copies, addressed to them as indicated here in the United 
States mail, first class, postage prepaid.

D onald L. H ollowell 
Attorney for Plaintiffs-Appellants



38