Goss v. Knoxville, TN Board of Education Appendix to Appellants' Brief

    Ittttein &tnt££ (Emtrt at Appeals
F ok the  S ixth  Circuit

No. 14,759

J osephine Goss and  T homas A. Goss, in fan ts , by 
R alph  Goss, th e ir  fa th e r  and  next friend ,

—versus—
Appellants,

T h e  B oard op E ducation op the  
City of K noxville, T ennessee,

Appellees.

appeal prom the  united states district court for the

EASTERN DISTRICT OF TENNESSEE, NORTHERN DIVISION

APPENDIX TO APPELLANTS’ BRIEF

Carl A. Cowan

2212 Vine Avenue, S.E. 
Knoxville 15, Tennessee

Z. A lexander L ooby 
A von N. W illiams, J r.

327 Charlotte Avenue 
Nashville 3, Tennessee

J ack Greenberg 
J ames M. Nabrit, III 

10 Columbus Circle 
New York 19, N. Y.

Attorneys for Appellants



INDEX TO APPENDIX

PAGE

Defendant’s Vocational and Technical Training Plan 
for Negro Students............................... .....................  4a

Plaintiffs’ Objections to Plan for Vocational and Tech­
nical Training ....................................... ......................  9a

Excerpts From Hearing of June 15, 1961 .... .............  15a
Testimony of T. N. Johnston

Direct...........................       15a
Cross ..................    27a

Opinion of the District Court Dated June 19, 1961 ......  38a

Defendants’ Statement in Response to Court’s Opinion 
of June 15, 1961 ....... ..... .......... ........... .....................  46a

Plaintiffs’ Statement in Opposition to Defendants’ 
Statement in Response to Court’s Opinion of June 
15, 1961 .....        51a

Excerpts From Hearing of September 14, 1961 ....... 55a
Testimony of T. N. Johnston

Direct....... ...................................   55a
Cross ..............       67a
Redirect..................     81a

Relevant Docket Entries ......... ....................................... la



IX

PAGE

Opinion of the District Court Dated September 20,
1961 .............................................................................  82a

Judgment of the District Court Dated September 20,
1961 .............................................................................  87a

Notice of Appeal Filed September 21, 1961 .....    89a



Mnitrfr Stairs liHtrirt Court
Civil Docket 3984

J osephine Goss and T homas A, Goss, infants, by 
R alph Goss, their father and next friend,

Plaintiffs,
-v.-

T h e  B oard of E ducation of the 
City of K noxville, T ennessee,

Defendants.

Relevant Docket Entries
1961
Mar. 31 Plan to provide vocational and technical train­

ing facilities for Negro students similar to 
those provided for white students at Fulton 
High School, filed.

# # # # « =
Apr. 10 Specification of objections to plan filed by de­

fendants to provide vocational and technical 
training, etc., filed.

.y,'Tv’ w ■fr ^

June 14 Memorandum on behalf of defendants dealing 
with objections of plaintiffs to the Plan filed 
for vocational and technical training at Fulton 
and Austin High Schools, filed.

* # # # *



2a

Relevant Docket Entries

June 15

June 19

July 14

July 27

Court approves plan submitted, with one ex­
ception; Board of Education ordered to sub­
mit further Plan on the exception.

-If. -V- .V. -V- -V.•if w w w *

Memorandum opinion of Robt. L. Taylor that 
the Board of Education has made a good faith 
effort to submit a supplemental plan that 
meets the requirements of the Constitution 
and that deals justly with the school children 
of Knoxville, and with the sole reservation as 
indicated the Court approves the plan as sub­
mitted: the Court requests the Superinten­
dent and the Board of Education to restudy 
this one phase of the problem and try to pre­
sent a plan that will meet the difficulty, if it 
is a real difficulty, which the Court has tried 
to point out; The Board of Education is 
charged with the responsibility of operating 
Pulton and Austin high schools, and this 
Court will not interfere except where neces­
sary to protect Constitutional rights, filed.

# * # # #

Statement filed on Behalf of Board of Educa­
tion of Knoxville in Response to Court’s 
Opinion of June 15, 1961, filed.

Statement filed on behalf of Plaintiffs in op­
position to the statement filed on behalf of 
the defendant, Board of Education of Knox­
ville, in response to the Court’s Opinion of 
June 15,1961, filed.

# # # #



3a

Relevant Docket Entries

Sept. 14

Sept. 20

Sept. 20

Sept. 21 

Sept. 21

Plaintiffs’ motion for modification of Court’s 
Judgment of June 15, 1961, heard and over­
ruled by the Court.

# # # # #

Memorandum Opinion of Judge Kobert L. 
Taylor, District Judge, that the plan of the 
Board filed on March 31, 1961 to provide tech­
nical training facilities for negro students 
similar to those provided for white students 
at Fulton High School is approved, and order 
to be presented in conformity with the views, 
filed.

# # * * #
Judgment that the plan of the Board of Edu­
cation of the City of Knoxville provide Voca­
tional and Technical Training facilities for 
negro students similar to those provided for 
white students at Fulton High School filed 
March 31, 1961 is approved, and the Board of 
Education is hereby ordered to put said plan 
into effect; jurisdiction of the action is re­
tained during the period of transition; and 
to the foregoing action of the Court the plain­
tiffs except.

# * * # #
Notice of Appeal by plaintiffs filed.

# * # # #
Cost Bond of Appeal filed.

*= # * # *



4a

Plan to Provide Vocational and Technical Training 
Facilities for Negro Students Similar to Those 

Provided for W hite Students at 
Fulton High School

IN THE UNITED STATES DISTRICT COURT
POE THE E aSTEKN DISTRICT OF TENNESSEE

N obthebn D ivision

[ same title]

Pursuant to the judgment of the Court entered in this 
cause on August 26, 1960, the defendant Board of Edu­
cation of the City of Knoxville herewith attaches and files 
a plan to provide vocational and technical training facili­
ties for Negro students similar to those provided for white 
students at Fulton High School. As shown by the Certifi­
cate attached at the end of the plan, this plan has been 
unanimously approved by the Knoxville City Board of 
Education.

S. F bank F owlee 
Attorney for Defendants

Two copies hereof and of the attached plan have been 
today mailed or delivered personally to counsel for the 
plaintiffs. This March 31,1961.

S. F . F owlee 
Attorney for Defendants



5a

A  S uggested P lan to P rovide V ocational and T echnical 
T raining F acilities for Negro Students S imilar to 
T hose P rovided for W hite  Students at F ulton H igh 
S chool

1. Continue present general policy of providing voca­
tional facilities at Austin High School and at Fulton 
High School when it is shown that fifteen or more 
properly qualified students are interested in the 
training.

2. When a course cannot be established at either Austin 
High School or Fulton High School because of lack 
of a sufficient number of qualified students, and the 
course is already available at the other school, the 
student or students may request and obtain transfer 
upon the terms as set out in the transfer policy now 
in effect in the Knoxville City Schools for vocational 
students, same being a part of this plan.

3. When a vocational facility is not already available 
at either Austin High School or Fulton High School, 
but a sufficient number of qualified students are avail­
able through a combination of students from the 
two schools, the new facility may be established at 
either school.

4. Factors to be used in deciding whether or not a new 
course is established.
(a) Number of qualified students as determined by 

Bulletin No. 1—“Administration of Vocational 
Education,” Federal Security Agency, Office of 
Education. These a re:
1. “The desire of the applicant for the voca­

tional training offered:

Plan to Provide Vocational and
Technical Training Facilities



6a

2. His probable ability to benefit by the instruc­
tion given; and

3. His chances of securing employment in the 
occupation after he has secured the training, 
or his need for training in the occupation in 
which he is already employed.”
(Enrollment in vocational classes is limited 
to students who have reached their four­
teenth birthday.)

(b) Availability of space to take care of the maxi­
mum as provided by the State Board of Voca­
tional Education.

(c) Cost as determined by the Board of Education 
based upon availability of funds.

5. In the continued promotion of the vocational pro­
gram in the Knoxville City Schools, the Board of 
Education will follow the rules and regulations as 
set forth from time to time by the State Board for 
Vocational Education.

6. The principals of the schools involved, the Director 
of Vocational Education, and the Superintendent 
acting on behalf of the Board of Education will be 
responsible for carrying out this plan consistent with 
sound school administration and without regard to 
race.

7. This plan is to become effective at the beginning of 
the school year, September, 1961.

Plan to Provide Vocational and
Technical Training Facilities



7a

T ransfer P olicy—V ocational D ivision—K noxville 
City S chools— “P rocedures”

1. The student must indicate an interest in taking a 
vocational course.

2. The student fills out Form #235 in triplicate at 
least four weeks before the end of a school semester. 
(Copy of Form #235 is attached and made a part 
of this plan.)

3. The principal is responsible for seeing that at least 
one standardized vocational aptitude test is given 
the student and that the results are recorded on 
Form #235.

4. Parents will be furnished a description of the voca­
tional courses. A copy of Form #235 (the trans­
ferring document) must be approved by the parents. 
A statement that the student transferring intends 
to remain in the new school for a period of at least 
one school semester, contingent upon the student 
being able to profit by the course offered, must also 
be approved by the parents.

5. If the parent signs Form #235 approving the trans­
fer, the principal will review the application, confer 
with the attendance worker and either approve or 
disapprove the transfer, writing into the record his 
reason, or reasons, for disapproval.

6. The student is required to fill out Form #206 (the 
official Enrollment Card), omitting only the schedule 
section of said card. (Copy of Form #206 is at­
tached and made a part of this plan.)

7. Forms #206 and #235, along with the student’s 
cumulative card shall be sent to the Attendance 
Department for endorsement.

Plan to Provide Vocational and
Technical Training Facilities



8a

8. Forms #206 and #235, along with the student’s 
cumulative card, will then he forwarded to the re­
ceiving principal.

9. The principal of the receiving school, after review­
ing the student’s record, either accepts or rejects 
the transfer, setting out in writing the reason or 
reasons, for rejection.

10. An appeal from the decision of the sending princi­
pal or of the receiving principal may be made to the 
Superintendent by the student requesting the trans­
fer. An appeal from the decision of the Superin­
tendent may be made to the Board of Education. 
Said appeal to the Superintendent shall be filed in 
writing with the Superintendent within four weeks 
after the student has received notice of the decision 
of the principal from which the appeal is taken. The 
appeal from the Superintendent’s decision must be 
filed in writing with the secretary of the Board of 
Education within two weeks after the student re­
ceives notice of the Superintendent’s decision.

11. No student will be accepted at either Austin High 
School or Fulton High School without following the 
above transfer procedure. (The requirement in Item 
# 2  above shall not apply to a new student who be­
comes a legal resident of the City of Knoxville after 
deadline referred to in said item.)

I hereby certify that the above plan was unanimously 
approved by the Knoxville City Board of Education at a 
special meeting on Thursday, March 23, 1961.

J ohn I. B uekhart M.D. B oy E. L inville

President Secretary

Plan to Provide Vocational and
Technical Training Facilities



9a

IN THE DISTRICT COURT OF THE UNITED STATES 
F or the  E astern D istrict of T ennessee 

N orthern D ivision

Specification o f Objections to Plan Filed by Defendants
to Provide Vocational and Technical Training, etc.

[ same title]

The plaintiffs, Josephine Goss, et ah, respectfully ob­
ject to the plan to provide vocational and technical training 
facilities for Negro students similar to those provided for 
white students at Fulton High School, filed in the above 
entitled cause on or about the 1st day of April, 1961, by 
the defendant, Knoxville Board of Education, and, without 
waiving their objections to the original plan filed in this 
cause on or about 8 April, 1960, or their appeal now 
pending in the United States Court of Appeals for the 
Sixth Circuit from the decision of this Court approving 
said original plan, now specify as grounds of their ob­
jection to the present plan filed by defendants, the fol­
lowing :

1. The plan does not provide for elimination of racial 
segregation in technical and vocational training in the 
public schools of Knoxville “with all deliberate speed” 
as required by the due process and equal protection clauses 
of the Fourteenth Amendment to the Constitution of the 
United States.

2. The plan does not take into account the period of 
nearly seven (7) years which have elapsed during which 
the defendant, Knoxville Board of Education, has com­



10a

pletely failed and refused, either in its technical arid 
vocational schools or any of its other schools, to comply 
with the said requirements of the due process and equal 
protection clauses of the Fourteenth Amendment to the 
Constitution of the United States; except for the limited 
desegregation in the first grade, approved and ordered 
by this Court in August, 1960.

3. The plan affords no relief to any of the plaintiffs, 
or the class they represent in this cause, who are or may 
be above the first grade in school, against defendants’ 
policy and practice of racial segregation in the public 
technical and vocational schools of Knoxville, unless the 
particular course of training they seek is either: (a) al­
ready available at either, but not both, the Negro or the 
White High School, and cannot be established, on a racially 
segregated basis, at the other school because of lack of 
sufficient qualified students of the same race or color; or 
(b) is not available at either the Negro or White High 
School, and is sought by less than a sufficient number of 
qualified students of either race to permit establishment 
of same, on a racially segregated basis, at both the Negro 
and White High School. This deliberate continuance by 
defendants of their policy and practice of racial segrega­
tion in technical and vocational training, except for said 
narrow and restricted exceptions based on absolute ne­
cessity, for an additional period of eleven (11) years, is 
not “necessary in the public interest” and is not “con­
sistent with good faith compliance at the earliest practicable 
date” in accordance with the said requirement of the due 
process and equal protection clauses of the Fourteenth 
Amendment to the Constitution of the United States.

Specification of Objections to Plan to
Provide Vocational and Technical Training



11a

4. The defendants have not carried their burden of 
showing any problems related to public school administra­
tion arising from:

a. “the physical condition of the school plant” ;
b. “the school transportation system” ;
c. “personnel” ;
d. “revision of school districts and attendance areas

into compact units to achieve a system of deter­
mining admission to the public schools on a non- 
racial basis” ;

e. “revision of local laws and regulations which may be
necessary in solving the foregoing problems” ;

as specified by the Supreme Court in Brown v. Board of 
Education (May 31, 1955), 349 U. S. 294, 75 S. Ct. 753, 
99 L. Ed. 653, which necessitate the additional time con­
templated by their plan, in regard to technical and voca­
tional training, for compliance with the constitutional re­
quirement of a racially unsegregated public educational 
system.

5. The plan forever deprives the infant plaintiffs and 
all other Negro children now enrolled in the public schools 
of Knoxville above the first grade, of their rights to a 
racially unsegregated public education in technical and 
vocational subjects, except for the narrow and restricted 
exceptions mentioned hereinabove, and for this reason 
violates the due process and equal protection clauses of 
the Fourteenth Amendment to the Constitution of the 
United States.

Specification of Objections to Plan to
Provide Vocational and Technical Training



12a

6. The plan, as well as said original plan approved by 
the Court, fails to take into account the rights of the infant 
plaintiffs and other Negro children similarly situated and 
forever deprives them of their rights to enroll in and 
attend summer courses, special education classes and 
schools, and other forms of special education above the 
first grade, which are not classified as technical and voca­
tional schools or training, and as to which enrollment is 
not based on location of residence.

7. Insofar as the plan incorporates by reference, or 
contemplates the use of, the transfer provisions contained 
in Paragraph six (6) of the said original plan approved 
by this Court, the same violates the due process and equal 
protection clauses of the Fourteenth Amendment to the 
Constitution of the United States in that said paragraph 
provides racial factors as valid conditions to support 
requests for transfer, and further in that the racial factors 
therein provided are manifestly designed and necessarily 
operate to perpetuate racial segregation.

8. Paragraph four (4) of the plan authorizes the de­
fendants, in determining whether a student is a qualified 
student within the meaning of the plan, to utilize vague 
and subjective criteria or factors, with no safeguard pro­
vided against defendants’ past policy and practice of racial 
discrimination; and also permits defendants to use for 
this purpose criteria or factors which are closely related 
to racial discrimination and segregation in job opportunities 
in the community; in violation of the due process and 
equal protection clauses of the Fourteenth Amendment to 
the Constitution of the United States.

Specification of Objections to Plan to
Provide Vocational and Technical Training



13a

9. The plan establishes an elaborate and burdensome 
“Transfer Policy” or procedure for vocational and tech­
nical training, which has not been applicable to those 
students already registered and enrolled in such courses 
at Austin High School and Fulton High School on a 
racially segregated basis; but does apply to plaintiffs and 
all others similarly situated who now seek to enroll in 
said courses, and without any safeguards against racially 
discriminatory application against plaintiffs and the class 
they represent; thereby placing unwarranted burdens and 
restrictions upon plaintiffs and those similarly situated, 
in obtaining even the narrow and restricted relief afforded 
them under the plan, solely because plaintiffs seek a 
desegregated education. Said burdens are not borne by 
children now and heretofore enrolled in said courses on a 
segregated basis. Plaintiffs and those similarly situated 
are thereby deprived of due process of law and the equal 
protection of the laws, in violation of the Fourteenth 
Amendment to the Constitution of the United States.

Wherefore, the Plaintiffs j)ray:
That the said plan now proposed by defendants relating 

to vocational and technical training be disapproved, and 
that the injunctive relief prayed for in the Complaint be 
granted as to all technical and vocational schools or courses, 
summer courses and educational training of a specialized 
nature as to which enrollment is not based on location of 
residence, in the public school system of Knoxville, said 
injunctive relief to be effective not later than the beginning 
of the Fall Semester or Term of the City Schools of Knox­
ville in September, 1961 as to any courses which are not

Specification of Objections to Plan to
Provide Vocational and Technical Training



14a

carried during the summer, and not later than the be­
ginning of the Summer Term, 1961 as to summer courses.

Carl A. Cowan

2212 Vine Avenue, S. E. 
Knoxville, Tennessee

Z. A lexander L ooby and 
A von N. W illiams, J r .

327 Charlotte Av.
Nashville 3, Tennessee

T hurgood Marshall and 
J ack Greenberg

10 Columbus Circle, Suite 1790 
New York 19, N. Y.

Attorneys for Plaintiffs

Copy of the foregoing Specification of Objections has 
been either mailed or delivered to the office of S. Frank 
Fowler, Esq., Attorney for Defendants, Hamilton National
Bank Building, Knoxville, Tennessee, this the ......  day of
April, 1961.

Specification of Objections to Plan to
Provide Vocational and Technical Training



15a

Excerpts From Hearing o f June 1 5 ,1 9 6 1

4̂  ^ ^

T. N. J ohnston, a witness on behalf of the defendants, 
after having been first duly sworn, was examined and testi­
fied as follows:

Mr. Fowler: We will just put him on to answer 
any question.

The Court: I wish you would take, in a general 
way, each paragraph of this plan and let him ex­
plain it to me in school language.

Before doing that, I would like to know how many 
students are in the vocational school at Austin, and 
what they study generally, and how many are in the 
vocational school at Fulton, and what they study 
generally, and what is the difference between the 
two schools, if any, and how this plan affects the 
students in each school separately and combined.

Remember, that you gentlemen on both sides have
— 10—

grown up with this supplemental plan and the Court 
knows nothing about it except what it has learned 
from reading the plan itself and the objections and 
the briefs in response to the objections, and I would 
like to get the picture a little better in my mind.

Direct Examination by Mr. Fowler:
Q. Mr. Johnston, please state how many students in the 

vocational educational program there are at Fulton High 
School as of the close of last school year last month, and 
the same thing for Austin High School. A. At the close of 
the school year, there were, out of an enrollment of 1300—

—9—



16a

that is in round numbers—at Fulton High School, there 
were 500 vocational students, or approximately 40 percent 
of the total enrollment.

At Austin High School, out of an enrollment of a little 
better than 600, there were 355 in some phase of voca­
tional work, or approximately 53 percent of the total enroll­
ment.

T. N. Johnston—for Defendants—Direct

The Court: What was the percentage at Fulton? 
The Witness: 40 percent and 53 percent at Austin.

— 11—

The Court: All right.

By Mr. Fowler:
Q. Now the Court indicated a desire for some informa­

tion, I think, comparing the respective—the scope of the 
respective education, the one at Fulton High School and 
the one at Austin High School.

Mr. Fowler: That may be, by way of reminding 
his Honor, of some reference that was in the last 
time. I think the reason for this special supple­
mental plan is because Austin was deficient.

The Court: I just want a thumbnail description 
of the schools. I know you went into that in detail 
at the other hearing.

A. At Austin High School there are nine courses offered 
in the vocational field, and at Fulton High School there 
are fifteen courses offered in the vocational field.

By Mr. Fowler:

Q. What courses were offered at Fulton that were not 
offered at Austin? A. Machine shop, which is one, sheet 
metal work, radio, television, printing—



17a

The Court: What was the last one ?

A. (Continuing) Television, repair and maintenance, print­
ing, drafting—

—12—
The Court: Printing?
The Witness: Yes, sir.
The Court: All right. What was the next one?

A. (Continuing) Drafting, commercial photography, com­
mercial art, electricity, refrigeration and air conditioning, 
and distributive education.

Q. What courses were offered at Austin that were not 
offered at Fulton? A. Brick masonry, shoe repair, tailor­
ing, and industrial electricity. That is all.

Q. Mr. Johnston, will you explain, as simply as possible, 
how, under the plan now under investigation, equal oppor­
tunity is accorded Negroes with whites in vocational and 
technical education in these two schools. And if you want 
to, you may take the Plan One and go through it paragraph 
by paragraph, and so that the record may be complete, 
read each paragraph before discussing it. A. May I give 
you a summary? I ’ve tried to reduce this to actually three 
main points.

Q. Yes, sir. A. The total plan, then I can go back and 
take each item in the plan.

Q. Whatever will give us the meaning as it really is,
—13—

unencumbered by words. A. All right. The first basic 
point, in my opinion, is this. If a course is available at 
Austin, Negro students will continue to attend Austin. If 
the course is available at Fulton, white students will go 
to Fulton for the course.

T. N. Johnston—for Defendants—Direct



18a

No. 2. If a Negro student wants a vocational or tech­
nical course that is not available at Austin but is available 
at Fulton, the Negro student may request and obtain the 
course at Fulton under the terms of the transfer policy.

The white student may do the same under similar cir­
cumstances.

No. 3. A course which is not being offered at either 
Austin or Fulton is desired by a few Negroes and a few 
white students, when that situation exists, then a course 
may be established at either school for the benefit of both 
white and Negro students.

I think those three points are basic to the plan and in 
brief pretty well spell out the plan.

Now, in No. 1, in our suggested plan here, “Continue 
present general policy of providing vocational facilities 
at Austin High School and at Fulton High School when it 
is shown that 15 or more properly qualified students are 
interested in the training.”

That is the policy which the Board of Education has
—14—

followed for years and years. If there were a sufficient num­
ber of qualified students at Austin High School, they had 
the space available, the Board would set up the course for 
them.

If there were a sufficient number of students at Fulton 
and they had the space, they would set up the course.

That is the general policy they have followed.
Q. Let me ask you this. If this plan is approved and 

goes in effect in September, if a student now attending 
Austin High School and there studying a vocational or 
technical subject which is also available at Fulton, desires 
to transfer to Fulton, will that transfer be granted and 
what will be the handling of that!

T. N. Johnston—for Defendants—Direct



19a

I am talking about where you have got the present situa­
tion of students already in Austin and got a student body 
already at Fulton too. A. I will give an example which 
may better illustrate this.

They have auto mechanics at Austin. They have auto 
mechanics at Fulton. Now if there are a sufficient number 
of students to maintain the course at Austin, they would 
continue to go to school at Austin.

Q. Is that because of a racial condition or fact, or is it
—15—

because they are already in school? A. They are already 
in the school—

Mr. Williams: We object to leading questions, if 
your Honor please.

Mr. Fowler: It is hard to lead this man, Mr. 
Williams.

Mr. Williams: May it please the Court, the more 
intelligent the witness, the more easily he is led, I 
would say.

A. This follows the general policy that the Board has been 
following. The students are there, the equipment is there, 
a sufficient number of qualified students, and there is where 
they go to school.

In the auto mechanics program at Fulton High School, 
if there is a sufficient number of students, the equipment 
is already there, that is where they go to school.

Now if the capacity of the facilities at Austin High 
School should not be adequate for the number of Negro 
students qualified to take auto mechanics at Austin High 
School and there is space available at Fulton, those stu­
dents may transfer to Fulton and take up the space there.

T. N. Johnston—for Defendants—Direct



20a

And similarly, if they are crowded at Fulton, and there 
are five or six spaces available at Austin High School,

—16—
the white student may apply to transfer to Austin to take 
up the space.

Q. All right. Proceed. A. Now then, No. 2: “When a 
course cannot be established at either Austin High School 
or Fulton High School because of lack of a sufficient num­
ber of qualified students and the course is already avail­
able at the other school, the student or students may re­
quest and obtain transfer upon the terms as set out in the 
transfer policy now in effect in the Knoxville City schools 
for vocational students, said being a part of this plan.”

That is basic. If the course is established at Austin, 
already operating, it is not at Fulton, there is room at 
Austin, there are four or five white students properly 
qualified, they may request transfer to go over and take 
the work at Austin, and the same would work going back 
toward Fulton.

If the course is already going at Fulton and it is not at 
Austin and Austin has some qualified students and they 
desire this program, they may transfer to Fulton High 
School to take the course.

No. 3 in the plan: “When a vocational facility is not 
already available at either Austin High School or Fulton 
High School but a sufficient number of qualified students 
are available through a combination of students from the

- 1 7 -
two schools, the new facilities may be established at either 
school.”

Now to me that simply means this: That we might have 
seven or eight or nine Negro students who desire a par­
ticular course. We may have seven or eight white stu­
dents who desire the same course.

T. N. Johnston—for Defendants—Direct



21a

We would not be justified in setting up a course at Aus­
tin for seven or eight students and going over to Fulton 
and setting up another course for seven or eight students, 
so we could combine those two and set it up at Austin or 
at Fulton wherever we had the space and the facilities.

Q. What is the next ground there? A. No. 4: “Factor 
to be used in deciding whether or not a new course is estab­
lished.”

The first part: “The number of qualified students as 
determined by Bulletin No. 1.”

And that Bulletin No. 1 is a little bulletin that is put 
out by the Federal Security Agency, Office of Education, 
entitled “Administration of Vocational Education,” and it 
is sort of the Bible of vocational education for the United 
States, and our State Department follows this very closely 
and it is passed on to us here in the local community, and 
we must follow the minimum standards set out in this 
bulletin in order to get the funds from the State and Fed-

—18—
eral Government on a reimbursable basis which runs 50 
percent up to 75 percent reimbursable, matching funds.

As I said, “the number of qualified students as deter­
mined by Bulletin No. 1”—what are these items?

First: “The desire of the applicant for the vocational 
training offered.”

It has been more or less standard for years and years 
in this country as being No. 1—there must be the desire on 
the part of the student to enter into a program of voca­
tional training.

No. 2: “His probable ability to benefit from the instruc­
tion given.”

The theory being that it is a waste of the student’s time 
and of your facilities and money if there is no probability

T. N. Johnston—for Defendants—Direct



22a

that the student can benefit or profit by the instruction 
ottered. That is No. 2.

No. 3: “His chances of securing employment in the occu­
pation after he has secured the training, or his need for 
training in the occupation in which he is already employed.”

I should point out that for many years the Vocational 
Division of the State Department of Education advocated 
that courses set up on a vocational basis should be done

—19—-
so as to meet the needs of the local community. That is, the 
employment needs. If we set up a course in auto mechanics 
or television, or in some particular field, then there should 
be a chance to absorb those people in our community, jobs 
locally, and that has been characteristic in all plans for 
vocational education, as I say, throughout the United 
States. We don’t limit that to the local community because 
communications and transportation has brought us all 
closer together throughout the country and as long as we 
feel there are employment opportunities anywhere in a 
field, we feel justified if the sufficient number of students 
are interested.

We may find a student in a particular field and he will 
get a good job in Toledo, Ohio, or Los Angeles, California. 
Of course, again we would train them particularly within 
the needs of our local community.

I would like to point out, too, that under the vocational 
program, students to be eligible must be at least 14 years 
of age or over.

Now some other factors that would determine the estab­
lishment of a course—that is, new courses.

“Availability of space to take care of the maximum as 
provided by the State Board of Vocational Education.”

T. N. Johnston—for Defendants—Direct



23a

I would like to explain that the State Board of Voca-
—20—

tional Education and the administration of the policies 
set by that Board have to be very carefully followed by a 
local school system developing a vocational program in 
order to get funds.

Now in occupations or in vocations that are somewhat 
dangerous and hazardous, they set a limit on the number 
of students that one instructor can properly handle and 
supervise without them getting hurt. One of those shops 
is electricity, and the limit is 22. Machine shop is another 
one and the limit is 22—feeling that one teacher does a 
pretty good job if he can look after 22 students with all of 
that dangerous equipment without some of them getting 
hurt.

By the Court:
Q. Is there any available space at Fulton now? A. No, 

sir.
Q. Is there any available space at Austin? A. No, sir. 

That comes and goes, your Honor, with the enrollments. I 
say at the moment, no.

In 90 days or six months there may be a little shift and 
one course may be out completely because of an insuffi­
cient number of students, and in that case, we can intro­
duce a new course that students may desire, either at 
Austin or at Fulton.

Q. What I mean, you say there are 1400—1300 students
—21—

at Fulton? A. Yes, sir.
Q. Now, how many—as an example, one of the schools 

in the East—I think it is Vassar—three or four years ago, 
they had applications, at least they said they did, and a 
new educator there and they were getting hard to deal with,

T. N. Johnston—for Defendants—Direct



24a

turning these students away because they could get others, 
but when I went to school it was just a question of paying 
tuition, but now you have to be a double-A student—at least 
it has been my experience with my children—a double-A 
student, and you have to have tuition and you have to have 
all those things. Now Vassar, I believe, three years ago, 
maybe four years ago, the president allegedly stated, in 
substance, to a person in Louisville, that they had space, 
available space, for 400 freshmen and they had had 1400 
applicants.

What I am trying to get is, do you have any available 
space left out at Fulton for any additional students, or 
do you have any available space left at Austin? A. Fulton 
High School was built to accommodate a maximum of 1500 
students, and there are actually two divisions of the school. 
The shop division and the general or academic division.

We think of the school as all one school, try to treat the
—22—

children as though they are one, but we do have these 
shops, and there is no available space to create new shops 
in that building. We can crowd in some other students in 
the general classes throughout the school up to 1500.

Q. Am I correct in the understanding that at present 
there is no available space for additional students either 
at Austin or Fulton? A. No. I am thinking about the 
physical—

Q. I am too. A. —space occupied by the shops.
Q. I am too. A. I have no way at this moment of tell­

ing how many students will be involved in the shop sec­
tion at Fulton in September, the day after Labor Hay, nor 
at Austin.

I would assume that if the last year holds up this year, 
there would be a little space in four or five of the shops. 
In other words, we could take a few more students.

T. N. Johnston—for Defendants—Direct



25a

Q. At the maximum number, what would you say? A. 
Possibly 40 or 50.

Q. In each school? A. Yes, sir.
Q. That is what I wanted to know. A. I don’t have the

—2 3 -
figures, the breakdown, and these shop classes are normally 
organized during the summer based on the applications 
from the students so we will know what kind of shop pro­
gram to plan for September, so I must give you an ap­
proximate figure.

The Court: All right.

A. (Continuing) And then the next item, of course, would 
be “cost as determined by the Board of Education based 
upon availability of funds.”

By Mr. Fowler:
Q. That has no racial significance. If it hasn’t racial 

significance perhaps the Court is not interested in it. A. 
This applies to both schools.

No. 5: “In the continued promotion of the vocational 
program in the Knoxville City schools, the Board of Educa­
tion will follow the rules and regulations as set forth from 
time to time by the State Board of Vocational Education.” 

They change regulations occasionally, but that would 
have nothing to do with race. It would apply equally re­
gardless of race, but we must follow those if we are to 
expect funds from the State.

No. 6: “The principals of the schools involved, the Direc­
tor of Vocational Education, and the Superintendent act-

—24—
ing on behalf of the Board of Education will be responsible

T. N. Johnston—for Defendants—Direct



26a

for carrying out this plan consistent with sound school ad­
ministration and without regard to race.”

No. 7: “This plan is to become effective at the beginning 
of the school year, September, 1961.”

The rest of this is the method of transferring students. 
Shall I go over that ?

Q. Mr. Johnston, I don’t think that it will help us unless 
there is something in there that is capable of being inter­
preted in a double way or misinterpreted to prejudice 
Negroes.

Is there any difference between these transfer provisions 
here as stated in this supplemental plan and as you have 
applied them in the past? A. No, sir. We use the same 
transfer cards we have used for the past ten years.

Q. Those are Forms 206 and 235? A. That is correct.
Q. They are both under one transfer policy? A. That 

is right. This one here we used as an exhibit, it says, 
“Knoxville Public Schools, Knoxville, Tennessee, Applica­
tion for Transfer to the Vocational Division of Fulton High 
School.”

Q. You are going to probably amend that to put in Ful-
_ 2 5 -

ton and Austin? A. Yes. We had a supply on hand. 
We saw no need to reprint that immediately, but it will 
be changed to apply to both because we have been using 
it for ten years.

This is a normal enrollment card that every high school 
student uses in the spring to fill out what he would like 
to take next September. Been using it for 20 years.

Q. In the light of your remark just made about the 
transfer policy and Forms 206 and 235 and in the absence 
of any specific criticism in the objections filed of the lan­
guage of the transfer policy or those forms, I think maybe

T. N. Johnston—for Defendants—Direct



27a

I should just ask you one or two questions generally to 
get to the heart of whether any discrimination is going to 
occur.

There is one question I asked you in conference the other 
day, Mr. Johnston. Suppose that a Negro student located 
close, we will say, to Fulton High School desires to take 
a vocational or technical course and applies to Fulton High 
School. If he is otherwise qualified, will he be accepted 
there? A. Yes, but he is first obligated to check with 
his principal at Austin.

The Court: Wait just a minute. Read that ques-
—26—

tion again.
(The question was read by the reporter.)

A. (Continuing) He won’t be accepted until he has cleared 
with the school to which he would normally belong, which 
is Austin High School. That is the one school that reaches 
out all the way to the City limits. That is the school he 
would normally attend, and the principal is responsible for 
knowing where the student is, and he simply clears with 
his principal and that is all he has to do.

He would be accepted, but the record would have to be 
cleared through the principal of Austin High School so 
he knows where his student is. He is at Fulton.

The same would apply to a white student.

Mr. Fowler: Your Honor, I have no further ques­
tions.

Cross Examination by Mr. Williams:
Q. Mr. Johnston, in your answer to that question, why 

did you indicate that a Negro student would be required

T. N. Johnston—for Defendants—Cross



28a

to clear with the principal of the school at which he would 
normally belong, and you mentioned Austin? A. In this—

Q. Why would he normally belong at Austin? A. Well, 
there is one senior high school in this City for Negro high

—2 7 -
school students.

Q. So that your answer to that question is he would 
normally belong to Austin because he is a Negro and 
Austin is still a segregated Negro high school; that is 
correct, isn’t it? A. I am just repeating what I said, that 
this City has one modern, up-to-date Negro high school 
for high school students. The zone extends to the City 
limits. The principal must know where his students are.

Q. Yes, sir, and that is true both as to academic and 
vocational education pursuits for Negro children in Nash­
ville—Knoxville? A. The Austin High School has gen­
eral education courses and vocational courses for Negro 
high school students.

Q. There are no white students at Austin, are there? A. 
Not that I know of.

Q. Austin then still is a segregated school; a segregated 
Negro school; that is true, is it not? A. That is right. It 
is as of now. Yes, sir.

Q. And except for the single possibility that there may 
be some instance where a particular white student wants 
to take tailoring and you don’t have 15 students who want 
tailoring out at Fulton, except for that type of situation

—28—
Austin will remain a segregated Negro high school, will it 
not? A. Possible.

Q. Well, isn’t that true as a matter of fact under your 
plan, sir? A. Well, if no white students apply to take a 
course there that is not given at Fulton, then it would 
still be all Negro students in Austin.

T. N. Johnston—for Defendants—Cross



29a

Q. No, sir, I don’t believe I am making myself clear, 
Mr. Johnston.

I stated that except for the single instance which you 
have explained to the Court, where there may be some 
white student who wants a course that is not offered at 
Fulton and for some reason it isn’t offered at Austin either 
and there aren’t enough of them to make up segregated 
courses at the two schools, or there aren’t enough students 
at Fulton to make up a segregated course, except for that 
situation Austin, under your plan, will remain a segregated 
high school both as to its academic and its vocational 
aspect; that is true? A. I think that is true.

Q. And so, then, your plan does not contemplate, as able 
counsel has expressed it, the immediate total elimination 
of segregation in vocational high schools in the two voca­
tional schools beginning next fall; it does not contemplate

—29—
that? A. Complete?

Q. Yes, sir. The immediate total desegregation of Fulton 
and Austin High Schools come next fall? A. Not com­
plete and total.

Q. And, as a matter of fact, the only integration that 
this plan does contemplate is a situation where you just 
can’t possibly, by reason of the fact that there aren’t 
enough students to do it, set up segregated courses at both 
schools; that is true, is it not? A. No, sir.

Q. Well, will you explain how under any other circum­
stances under this plan any integration at all could occur 
in Austin or Fulton? A. We have been asked to provide 
facilities for the Negro students that are now being given 
at Fulton that are not being given at Austin. And we 
have worked out a plan to make it work both ways.

White students may take a course at Austin if it is not 
given at Fulton and vice versa.

T. N. Johnston—for Defendants—Cross



30a

Q. And that is the only situation, that is the only situa­
tion where this plan contemplates any integration at all 
where—incidentally, there is one additional factor—it isn’t 
just where a course is offered, but where the course can­
not be established at Fulton for want of a sufficient number

—30—
of students, isn’t it; isn’t that true under your plan? A. 
No.

Q. Sir? A. I don’t agree. There is the possibility of a 
combination of students between the two schools and the 
course may be established at either.

Q. Sir? A. The plan provides for courses to be estab­
lished at either Austin or Fulton if through a combination 
of white students and Negro students there are a sufficient 
number.

Q. That is correct, but if there are enough white students 
to establish a course at Fulton, then a white student will 
stay at Fulton, won’t he? A. That is correct.

Q. And if there are enough Negro students to establish 
a course at Austin, then the Negro student will remain 
at Austin? A. That is the general policy.

Q. And he does not have any right to transfer under 
this plan? A. He can transfer if he can’t get a course 
at Austin and he can get it at Fulton.

Q. Yes, sir, but he would not have—he first has to estab-
—31—

lish that there are not 15 students who want that same 
course at Austin before he becomes eligible to transfer 
to Fulton; is that correct? A. I would say so.

* * * * *
—33—

* * * * *
Q. I see I am not making myself clear, Mr. Johnston.
I am assuming that the requisite number apply at Austin,

T. N. Johnston—for Defendants—Cross



31a

that 15 apply so that you will proceed to set up a course 
at Austin. A Negro student who wants to take a course 
which is available at both Austin and Fulton next fall, 
would not be eligible to apply at Fulton, would he! A. 
If we have a sufficient number at Austin in the course?

Q. Yes, sir. A. That is correct.
Q. And, moreover, if you do not have the course at 

Austin at the present time and you have it at Fulton, then 
this Negro student who wants to take the course must 
first ascertain by some means or other that you cannot set 
up the course—that you cannot find 14 other Negro students 
to set up the course at Austin before he will be eligible 
under your transfer procedure to apply over at Fulton; 
that is correct also, is it not? A. You say the student 
would have to ascertain ?

Q. Well, he would, either lie—he would have to ascer­
tain himself or whether he would just have to wait while

—34—
the Board ascertained it, he— A. I think—

Q. Pardon me? A. That is somewhat of a reflection on 
the people that we have to administer the schools.

Q. I  assure you I did not intend— A. We will know 
whether or not we will be able to establish a course here 
or there a little ahead of time. We will not put any student 
to any great disadvantage because, and it may surprise 
you, but we are interested in students regardless of race.

Q. That does not surprise me at all. But, Mr. Johnston, 
whether he would have to wait or not, he could not apply to 
Fulton if the Board could find 15 Negro students to create 
a new course at Austin? A. That is correct. But you 
are implying that we would deliberately search around 
and try to find 15 students.

Q. No, sir. All I am simply trying to establish, and I 
am trying to establish this because for some reason I

T. N. Johnston—for Defendants—Cross



32a

apparently did not make myself clear to you, except in 
these two narrow instances where the course is available 
at Fulton and is not available at Austin, or in the other 
instance where the course is not available at either place 
and there are an insufficient number of students to estab-

—35—
lish it on a segregated basis at both places, and the Board 
might decide to establish it at Fulton rather than Austin, 
except in these two instances the Board, under this plan, 
does continue its policy of segregated education—racially 
segregated education in the vocational schools; am I mak­
ing myself clear, Mr. Johnston? A. Yes, but you are try­
ing to get me to say something that I am not going to say.

Q. Well,— A. The Board of Education is proposing to 
follow its general policy but it is now going to be applied 
to all the students, without regard to race.

Q. Now will you explain what you mean by that in terms 
of abolition of segregation in the vocational schools? A. 
We were requested, Mr. Williams, to make facilities avail­
able for these students that we had at Fulton and did not 
have at Austin and vice versa. We propose to do that.

Q. So that under this plan the Board does not even pro­
pose to be eliminating segregation in the vocational schools 
except as it proposes in these narrow restricted instances 
that are set forth in paragraph 2 to provide facilities for 
Negroes or whites where it is physically impossible to set

—3 6 -
up segregated facilities. That is true, isn’t it, Mr. John­
ston? A. I don’t think it is a narrow situation.

Q. Except for my discussion of the two factors set 
forth in paragraph 2, that is true, is it not? The Board 
—what I am saying, the Board is not attempting here to 
eliminate segregation in the two vocational high schools? 
A. Well, not completely.

T. N. Johnston—for Defendants—Cross



33a

The Court: I will let you ask him.

Q. No, sir, except for the instances that you set forth 
in paragraph 2 of your plan, segregation will remain in 
the vocational high schools, compulsory racial segrega­
tion? A. I don’t agree.

Q. Well, in what respect will it not remain?
Mr. Fowler: Your Honor, isn’t this sort of a 

re-asking? We can argue between counsel and it 
may go on forever.

Mr. Williams: May it please the Court, I am sort 
of like the Court, I would like to know exactly what 
the Board means by this plan.

A. Under this plan, the Board of Education intends to 
make available facilities that are in existence at Fulton 
High School that are not now in existence at Austin, and

- 3 7 -
vice versa.

By Mr. Williams:
Q. In the fashion that is set forth in paragraph 2 of your 

plan? A. Well, as set forth in this plan.
Q. Will you explain to me what is meant by paragraph 

1 of the plan. A. “Continue present general policy of pro­
viding vocational facilities at Austin High School and at 
Fulton High School when it is shown that 15 or more 
properly qualified students are interested in the training.”

Q. Has that general policy in the past had race involved 
as a factor? A. In the past?

Q. Yes, sir. A. If we had in the past 15—as a matter of 
fact, it used to be 10 under the State regulations—if we 
had the sufficient number of students at Austin High School 
interested in courses, and if there were at all possible space,

T. N. Johnston—for Defendants—Cross



34a

money, and so forth, available, the coarse was set np. The 
same thing was done for the white students.

Q. Then that policy has had, necessarily as a factor in 
that part of these schools, segregated schools, one for 
Negro and one for white? A. Austin High School is the 
normal high school that serves the City for Negroes.

—38—
Q. Exclusively for Negro and Fulton for white? A. 

Yes.
Q. And then under paragraph 1 you intend to continue 

that? A. Well, it says continue the present general policy. 
It is pretty plain.

if1  ̂  ̂  ̂ ^
—41—

Q. Of the 500 that you estimate over at Fulton, how many 
of those are already enrolled in past years? In other words, 
how many of those were in school as of last year?

Did I understand you to say that as of school in Sep­
tember about 500 students? A. I didn’t say that.

Q. You don’t know how many you expect over there? 
A. If I left the impression that I knew, that was a wrong 
impression. I didn’t intend that.

I have no way of knowing. I can only estimate.
I  would say that last year we had 500 students in the 

vocational division of Fulton, or 40 percent of the total of 
around 1300.

Q. But your estimate is based on initially accepting and 
assigning white students to Fulton and assigning Negro 
students to Austin; that is correct, is it not? A. That is 
all we have had to go by. This plan has not been in effect 
yet. How else could we do it?

Q. Well, I won’t argue that point, but that is your inten­
tion under this plan? A. Under this plan, we are simply

—4 2 -
asking students to let us know their intentions four weeks

T. N. Johnston—for Defendants—Cross



35a

before the end of a school semester, which we have been 
asking students to do that on a segregated basis for ten 
years, to my personal knowledge, and that helps us to 
organize the shop program.

Q. Yes, sir. A. I might explain to you, and you can 
cut me off, if you think it would not be helpful, but we 
have to enter into a contract, sign a contract with the 
State Department for Vocational Education for the shops 
which we propose to operate for the school year coming 
up, say, 1961-62, so that the State can figure out how much 
money they are going to have to figure on giving us.

We start planning this always in the spring, and we work 
on it some during the summer. We follow up the appli­
cants to see if they change their minds, to see if they are 
really wanting to go into it, to see if they are really quali­
fied, so that when we do sign a contract that we will operate 
a certain number of shop courses, that we will have a 
minimum number of changes after school starts.

Q. But now, of course, you have already received your 
applications for the school from the white students four 
months before the end of this— A. Four weeks.

Q. You have already received those, have you not? A.
- 4 3 -

Yes. I don’t know how many, I haven’t cheeked. But that 
has been a usual custom.

Q. And you, I think, propose to allow a Negro student 
who wants to apply for these courses to apply within two 
weeks of next school term; is that correct! A. Since school 
is already out and it would be physically impossible for 
a student to apply four weeks before the end of the term, 
we think under the circumstances that if we are given two 
weeks, we could plan and go ahead with this.

Q. Now you stated that most of these courses are rea­
sonably skilled and technical. Some of them are actually 
highly skilled and specialized, are they not, such as elec-

T. N. Johnston—for Defendants—Cross



36a

ironies? A. Yes, if you want to give specimens I will 
agree with you. Yes, sir.

Q. And I believe for that reason it was limited to 22 
students; that is correct, is it not? A. There are limita­
tions, that is right, on various courses.

Q. Suppose for the moment, that course is filled up 
with white students who applied last spring, and then some 
Negro student comes in and wants the same course, he 
can’t get, or you can’t find, 15 Negro students at Austin

—44—
who want it, what is going to happen to him? A. We 
might have enough students left over to take that student 
and start a new course.

Q. But if you don’t, then what is going to happen to 
him? A. I don’t know. We can cross that bridge when we 
get to it.

Q. You would not be prepared to state at this point 
you would go back and put him at the head of this list in 
the spring, would you, sir? A. We have always operated 
on a first come, first served basis.

Q. Yes, sir, so that he would be on the tail end of the 
list? A. Not necessarily. There might be circumstances 
that would cause us to fit the student in the course.

*  #  #  #  *

—47—
* * # * *

Q. You don’t deny that there are present inequities in 
the programming at the two institutions? A. We have 
inequities in programs within the Fulton High School;

—48—
we have inequities at Austin, and every other high school 
we have.

Q. I  think you would agree that a substantial inequity 
exists regarding the 11 courses that are offered at the

T. N. Johnston—for Defendants—Cross



37a

white school and not offered at the Negro high school? 
A. Well, isn’t there a difference in the enrollments, 500 
against 355 ?

#  *  #  #  *

—68—
# # * # #

Q. Even where you have got the same courses at both 
schools, you have got plenty of Negro students living out 
in the Fulton area who come right by Fulton High School 
and come all the way over to Austin? A. What do you 
mean by plenty?

Q. You have quite a few. A. Only 27 children live out 
in this section and Chicamauga—the northwest section, 
let’s call it.

Q. Mr. Johnston, regardless of a white child’s place of 
residence, he can g-o to Fulton; that is true, isn’t it? A. 
Regardless of his residence?

Q. Regardless of the place of residence, he can go to 
Fulton? A. If he lives within the corporate limits and he 
qualifies, he can be transferred to Fulton.

Q. Regardless of a Negro child’s residence, he cannot 
go to Fulton unless he falls within paragraph 2 of this

—6 9 -
plan? A. That is his school.

Q. That is his school because he is a Negro; that is true, 
is it not? A. Well, you can say that. I don’t care to say 
that.

Q. You would not deny the truth of what I stated? A. 
Austin High School is the senior high school for Negro 
children.

Q. Because he is a Negro? A. Austin High School is 
the high school that serves the Negro high school students 
in the City of Knoxville.

# * * * *

T. N. Johnston—for Defendants—Cross



38a

Opinion Dated June 19, 1961

I n the

UNITED STATES DISTRICT COURT
F oe the  E asteen D isteict of T ennessee 

N oetheen D ivision

[ same title]

Opinion  as R endeeed F eom the  B ench

The Court filed a written memorandum opinion in this 
case on August 19, 1960 after hearing two or three days 
of evidence. That hearing involved a plan for desegrega­
tion, submitted by the Board of Education which the Court 
approved with the single reservation that pertained to the 
vocational section of the Fulton High School.

In that opinion, the Court said in part:
“In his deposition, Superintendent Johnston was 

asked about the industrial courses given at Austin 
High School, the colored school, and at Fulton High 
School, the white technical school. It appeared from 
his testimony that Fulton High gives a course in tele­
vision, a course in advanced electronics, some in air 
conditioning, refrigeration, commercial art, commer­
cial photography, distributive education, drafting, 
machine shop, printing and sheet metal which are not 
offered at Austin High School. Certain courses, he 
testified, such as brick masonry, tailoring, etc., are 
offered at Austin which are not offered at Fulton.

“Colored students are not admitted to these courses 
at the present time at Fulton High School because of 
the segregated schools.

“Generally, the testimony of Superintendent John­
ston was that the school facilities and teaching level



39a

at both the colored and white schools are equal. He 
pointed out that the colored teachers are paid at the 
same salary level as those in the white schools and 
that the work done is equivalent. These facts were 
also stipulated.

“The conclusion the Court draws from this evidence 
is that students including plaintiffs now in school who 
would not, if Plan Nine were adopted, be permitted to 
go to an integrated school, would still have equal op­
portunities for an education in the line colored schools 
with their excellent teaching staffs.

“This conclusion is not true of the special technical 
courses offered at the Pulton High School. Under Plan 
Nine colored students now in school and desiring these 
courses would be barred from taking these courses. 
They would have to complete their scholastic education 
without the opportunity of taking these courses. Super­
intendent Johnston testified that he had talked to the 
teachers in the Fulton High School and they were of 
the opinion that to admit colored students to these 
courses would cause trouble and disciplinary prob­
lems, an opinion in which he joined.

“Nevertheless, the Court feels that despite the great 
merit of Plan Nine, it is deficient in that it precludes 
colored students now in school from ever participating 
in these specialized courses.” (Pages 15 and 16.)
Again: “The Court finds that the Plan submitted by 
the Board is not only supported by the preponderance 
of the evidence, but by all of the evidence, with one 
exception. With reference to the technical courses 
offered in the Fulton High School to which colored 
students have no access, it directs that the defendants 
in this cause restudy the problem there presented and

Opinion Bated June 19,1961



40a

present a plan within a reasonable time which will 
give the colored students who desire those technical 
courses an opportunity to take them.” (Page 19.)

The Board of Education submitted a plan for Fulton 
vocational high school on March 31, 1961, in response to 
the direction of the Court. It is stated by the Board through 
its counsel that this plan in the main continues vocational 
and technical courses at both Fulton and Austin high 
schools, and provides unimpeded transfers where a course 
is provided at only one school, maintains the present 
courses, establishes new courses when 15 or more students 
want them whether they be white or black or mixed, sets 
up criteria for the establishment of new courses, which 
criteria are not related to race, and, finally, expressly for­
bids racial discrimination.

Plaintiffs have filed objections to the plan consisting of 
nine separate paragraphs.

In the first paragraph it is stated that the plan does not 
eliminate segregation in vocational and technical training. 
It is the insistence of the Board that the plan does elimi­
nate segregation. This paragraph provides that the gen­
eral policy at Austin High and Fulton High of providing 
vocational facilities when 15 or more properly qualified 
students are interested shall continue.

The second paragraph provides that either Austin High 
or Fulton High, lacking a sufficient number of qualified 
students for a course and the course is available at one or 
the other schools, student or students may request and 
obtain transfers upon the terms as set out in the transfer 
policy now in effect in the Knoxville schools for vocational 
students, the same being part of this plan.

Plaintiffs say that this plan fails to take into account 
the delay of nearly seven years which has occurred since

Opinion D ated June 19,1961



41a

the Brown decision. Defendants’ answer to this contention 
is that the plan is effective September 1961 and the objec­
tion is without substance.

Paragraph three provides that when a vocational facility 
is not already available at either Austin High School or 
Fulton High School, but a sufficient number of qualified 
students are available through a combination of students 
from the two schools, the new facility may be established 
at either school.

Plaintiffs assert that this paragraph continues segrega­
tion in effect except in the two instances indicated in this 
paragraph and paragraph two. In response to this objec­
tion, the defendants say that the plan is broadly phrased 
and contains no language whatever having the limited effect 
which plaintiffs claim result from the language of the plan; 
moreover, the plan expressly forbids racial discrimination.

Paragraph four deals with the factors to be used in 
deciding whether or not a new course is established.

In response to this paragraph, plaintiffs say that the 
Supreme Court enumerated five specific factors which 
would justify the delay of desegregation in a community, 
and the delay of effective desegregation of the vocational 
and technical training which would result in this plan is not 
founded upon any of the enumerated reasons set out by 
the Supreme Court.

The defendants reply to this objection by saying, first, 
there is no limiting factor; second, the Supreme Court’s 
mention of these factors justifying delay was merely illus­
trative and not conclusive.

Paragraph five states that in the continued promotion 
of the vocational program in the Knoxville City Schools, 
the Board of Education will follow the rules and regula­
tions as set forth by the State Board for Vocational Educa­
tion.

Opinion Dated June 19,1961



42a

Plaintiffs object to this paragraph upon the ground that 
negro children above the first grade are forever denied 
desegregation by the plan. Defendants’ answer to this 
objection is that the plan provides complete desegregation 
with respect to all qualified students and the reference to 
the children in the first grade and above is meaningless 
and irrelevant.

Paragraph six provides that the principals of schools 
involved, the director of vocational education, and the 
superintendent acting on behalf of the Board of Education, 
will be responsible for carrying out this plan consistent 
with sound school administration and without regard to 
race.

Plaintiffs’ objection to this paragraph is the same as 
objection number five, except they specifically make ob­
jection number six for themselves and all other negroes 
similarly situated. Defendants say that the objection is 
irrelevant for the purpose of this hearing.

Paragraph seven provides that this plan shall become 
effective at the beginning of the school year, September 
1961.

Plaintiffs object to the enforcement or effectiveness in 
respect to vocational and technical training of the provi­
sions of paragraph six of the general step-by-step plan of 
desegregation heretofore under examination by the Court, 
paragraph six being the paragraph in which certain 
grounds for transfer were referred to. In the original 
hearing, plaintiffs took the position that paragraph, six 
was illegal and defective.

Defendants, in response to this objection, say: First, 
that this Court has held paragraph six of the general plan 
valid; second, since Fulton and Austin are not schools of 
district-wide jurisdiction, but are schools whose areas ex­

Opinion Dated June 19,1961



43a

tend to the limits of the City boundary lines, and either 
may admit students from any section of the City, the pro­
visions of paragraph six of the general plan may not be 
pertinent to any transfer problem under the vocational and 
technical plan.

Plaintiffs also object to the plan upon the ground that 
the standards are vague with respect to how a student is 
to be regarded as a qualified applicant for technical train­
ing, and that this vagueness may result in racial discrimi­
nation. Defendants answer this objection by asserting 
that the standards are not vague, and even if they were, 
discrimination on the ground of race is expressly forbidden 
and that it must be presumed that the school authorities 
will enforce their plan in a legal manner.

The final objection made by plaintiffs to the plan is that 
the transfer provisions which are incorporated in the Ful­
ton plan have not previously applied to vocational and 
technical students at either Fulton or Austin High Schools 
but will apply to negro children in the future. Defendants 
answer that contention by saying that the transfer provi­
sions will not only apply to negro children in the future but 
equally well to white children.

The Court has heard Superintendent Johnston testify 
today with respect to the merits of the plan. Mr. Johnston 
stated that there were 500 vocational students in Fulton 
High Schools last year with about 15 vocational teachers; 
that there were 355 vocational students at Austin High 
School with about 10 teachers. Nine vocational courses 
offered at Austin High School and 15 vocational courses 
offered at Fulton; Austin offering courses that Fulton did 
not offer, and Fulton offering courses that Austin did not 
offer.

Under the present plan, all courses that are offered at 
Austin will likewise be offered at Fulton, but if Fulton

Opinion Dated June 19,1961



4.4a

fails to offer any course that is offered at Austin, white 
children may attend these courses at Austin. Likewise, if 
Fulton offers courses that are not offered at Austin, negro 
children may attend Fulton in order that such courses 
may be available to them.

Mr. Johnston stated, in substance, that all of the chil­
dren in Knoxville will be treated alike with respect to 
vocational courses, or, to put it in another way, no child 
because of color will be deprived of an opportunity to get 
a high school vocational education in the Knoxville schools.

The Court is of the opinion that the Board has made a 
good faith effort to comply with the Court’s directions 
contained in its memorandum dated August 19, 1960 and 
heretofore mentioned.

The Court is further of the opinion that the supple­
mental plan is a feasible plan and meets Constitutional 
requirements with possibly one exception, which may be 
illustrated in this manner. A student who lives near Ful­
ton and who possesses the necessary vocational qualifica­
tions to enter Fulton should not be required to travel 
across town to attend Austin when Fulton is much nearer.

The Court, in this proceeding, on its own motion, ques­
tioned counsel for the defendants and counsel frankly 
stated that he could see no reason why the colored student 
in that situation should not be permitted to take vocational 
courses in Fulton.

The Court recognizes the principle in law that it should 
not substitute its judgment for the.judgment of the Board 
of Education unless necessary to enforce Constitutional 
rights. The operation of these schools addresses itself 
primarily to the Board of Education.

The Board of Education is charged with the respon­
sibility of operating Fulton and Austin high schools, and

Opinion Dated June 19,1961



45a

this Court will not interfere except where necessary to 
protect Constitutional rights.

As previously indicated, the Court is of the opinion that 
the Board has made a good faith effort to submit a supple­
mental plan that meets the requirements of the Constitu­
tion and that deals justly with the school children of Knox­
ville, and with the sole reservation heretofore indicated 
the Court approves the plan as submitted.

In this connection, the Court requests the Superintendent 
and the Board of Education to restudy this one phase of 
the problem and try to present a plan that will meet the 
difficulty, if it is a real difficulty, which the Court has 
tried to point out by the foregoing illustration.

Bobt. L. Taylor 
United States District Judge

Opinion Dated June 19,1961



46a

Statement Filed on Behalf o f Board o f Education of 
K noxville in Response to Court’s Opinion of 

June 1 5 ,1 9 6 1

1st the

UNITED STATES DISTRICT COURT 
F or the  E astern D istrict oe T ennessee 

N orthern D ivision

[ same title]

At the close of the hearing on June 15, 1961, at which 
the Court reviewed the supplemental plan pertaining to 
the Fulton vocational and technical educational program, 
the Court said:

“The Court is further of the opinion that the sup­
plemental plan is a feasible plan and meets constitu­
tional requirements with possibly one exception, which 
may be illustrated in this manner. A student who 
lives near Fulton and who possesses the necessary 
vocational qualifications to enter Fulton should not 
be required to travel across town to attend Austin when 
Fulton is much nearer”.

Also,
“In this connection, the Court requests the Superin­

tendent and the Board of Education to restudy this 
one phase of the problem and try to present a plan that 
will meet the difficulty, if it is a real difficulty, which 
the Court has tried to point out by the foregoing illus­
tration”.



47a

The Board of Education has restudied the problem and 
finds that the suggestion raises serious difficulty.

At the first hearing in this case, which resulted in the 
approval of a Grade-A-Year Plan, the Court on August 
26, 1960, directed the defendants to restudy the problem 
with respect to the technical and vocational courses offered 
at the Fulton High School, to which colored students have 
no access, and “present a plan within a reasonable time 
which will give the colored students who desire these 
technical and vocational courses an opportunity to take 
them”.

This first opinion of the Court came after a thorough 
exploration of the whole school problem by the introduction 
of a considerable volume of proof. It is demonstrated by 
that evidence that the Board of Education was dissuaded 
from complete desegregation of schools by the feeling 
that such would unreasonably imperil the orderly school­
ing of all the children of Knoxville, and felt that the prior 
claim lay with the school children at large, that is to say, 
that the claim of those children to uninterrupted, orderly, 
undisturbed education outweighed any constitutional right 
of the Negroes to immediate and unlimited access to the 
schools.

The Court’s opinion rendered at the close of the first 
hearing clearly reflected an agreement with the uneasi­
ness of the Board of Education as to a general desegrega­
tion, and the Court particularly recalled the incidents that 
had occurred at Clinton quite unexpectedly after an uncon­
ditional order of the Court of that kind had been entered 
in respect of the high school there.

The Court’s direction to the Board of Education at the 
close of the first hearing, that it give to colored students

Statement Filed on Behalf of
Board of Education of Knoxville



48a

who desire these technical and vocational courses an op­
portunity to take them, considered in the light of a primary 
objective of that opinion to continue in effect the segregated 
schooling above the grades reached successively each year 
by the progress of the Grade-A-Year Plan, amounted to a 
direction not necessarily to desegregate the technical and 
vocational classes, but to provide Negroes with at least the 
same courses as white students could take.

In complying with the Court’s later request (above 
quoted) in its opinion of June 15, 1961, the Board has 
felt that a basic effect of the original order approving the. 
Grade-A-Year Plan should be preserved, that is, that all 
reasonable steps be taken to thwart the creation of condi­
tions which would strongly tend to cause violent interrup­
tion of schooling and the possible accompanying destruc­
tion of school property.

The Board feels that the expansion of opportunities of 
admission of Negroes to the Fulton Pligh School vocational 
and technical program, as suggested by the opinion of 
June 15, 1961, creates a greater risk than the Board is 
willing to initiate. The Board feels that certain relevant 
facts were not presented to the Court in connection with 
this suggestion, the necessity for such showing not having 
been apparent before the hearing of June 15. These would 
include the fact that the number of Negroes who might 
apply for admission to the Fulton vocational and technical 
program might well be as many as 200, or greatly in ex­
cess of the 10 or 15 which the Board felt was a maximum 
number who might attend Fulton High School under the 
transfer provisions of the special plan as written and filed 
with the Court.

Statement Filed on Behalf of
Board of Education of Knoxville



49a

Another relevant circumstance is that if the suggestion 
of the Court of June 15 is put into effect, the capacity of 
Fulton High School in its technical and vocational program 
may well be overtaxed. Where now by comparison between 
500 and 600 of these students attend Fulton High School 
and between 300 and 400 attend Austin, to put into effect 
the Court’s suggestion may well result in an unbalanced 
condition of perhaps 700 or more at Fulton, including 
Negroes, and 200 or less at Austin High School. This 
would result in an overtaxing of the facilities at Fulton and 
a lack of complete use of those at Austin. It is possible 
that many Negroes who live closer to Fulton would decide 
to take a vocational course at Fulton rather than the 
ordinary high school course at Austin, which they would 
otherwise elect.

The Board feels that the desegregation in higher grades 
of the public schools of Knoxville, in advance of the nor­
mal progress of the Grade-A-Year Plan, should not be 
tested at this time beyond the limited number of Negroes 
who would be entitled to attend Fulton High School under 
the transfer provisions of the Fulton Plan as heretofore 
filed with this Court. Under this plan, Negroes would 
transfer to Fulton only in the instances in which Fulton 
courses are not provided at Austin.

At the hearing on June 15, Court and counsel alike re­
frained from discussing a basic factor which underlay 
the whole review of the matter at the earlier hearing from 
which the Grade-A-Year Plan came. This was the fear 
of the violent upsetting of orderly schooling. The omis­
sion of the focusing of attention upon this factor which 
was earlier recognized as important, has led, it is believed, 
to an erroneous assumption that the suggestion of the

Statement Filed on Behalf of
Board of Education of Knoxville



50a

Court’s order of June 15 was a mild one. Actually, it can 
bring about the results which the Board of Education and 
the Court alike feared.

The Board of Education therefore feels and respectfully 
requests the Court that there be no amendment or change 
in the plan which has heretofore been filed for the opera­
tion of the Fulton technical and vocational program.

Statement Filed on Behalf of
Board of Education of Knoxville

Respectfully submitted,

S. F rank F owler

Attorney for Defendants 
Board of Education, et al.

I hereby certify that two copies hereof have been mailed 
to Carl Cowan, one of the attorneys for plaintiff, this July 
13,1961.

S. F rank F owler 
Attorney for Defendants



51a

Statement Filed on Behalf o f the Plaintiffs in Opposition  
to the Statement Filed on Behalf o f the Defendant, 

Board o f Education o f Knoxville, in  Response 
to the Court’s Opinion o f June 15, 1961

I n  the

UNITED STATES DISTRICT COURT 
F oe the  E astern D istrict of T ennessee 

N orthern D ivision

[ same title]

At the close of the hearing on June 15, 1961, at which 
the Court reviewed the supplemental plan pertaining to 
the Fulton vocational and technical educational program, 
the Court said:

“The Court is further of the opinion that the sup­
plemental plan is a feasible plan and meets constitu­
tional requirements with possibly one exception, which 
may be illustrated in this manner. A student who lives 
near Fulton and who possesses the necessary voca­
tional qualifications to enter Fulton should not be 
required to travel across town to attend Austin when 
Fulton is much nearer”.

Also,
“In this connection, the Court requests the Superin­

tendent and the Board of Education to restudy this 
one phase of the problem and try to present a plan that 
will meet the difficulty, if it is a real difficulty, which



52a

the Court has tried to point out by the foregoing 
illustration”.

The defendant, Board of Education, filed in this cause 
on or about July 14, 1961, a Statement alleging that it had 
restudied the foregoing problem and, in substance, alleg­
ing that it was unwilling to “try to present a plan that 
would meet the difficulty” for reasons set forth therein.

Without waiving their objections and their rights of ap­
peal from the decision of the Court on 15 June 1961 which 
approved in part the supplemental plan heretofore filed by 
defendants for desegregation of vocational and technical 
schools, the plaintiffs further respectfully oppose the afore­
said Statement filed by the defendants and object thereto 
on the following grounds:

1) That the only reason substantially alleged by defen­
dants in said Statement for their unwillingness to attempt 
a solution of the difficulty suggested by the Court is their 
alleged fear of violence or community opposition to de­
segregation of Fulton High School. Denial of the rights of 
the plaintiffs and the class they represent, to a racially 
desegregated education on such a basis violates the Four­
teenth Amendment to the Constitution of the United States.

2) The allegations of fact contained on page 3 of defen­
dants Statement regarding possible attendance of Negroes 
at Fulton High School and Austin High School are en­
tirely unsupported by any competent evidence introduced 
in this case and are manifestly speculative. Moreover, 
said allegations are contrary to proof actually introduced 
in this case on June 15, 1961, based on the experience of the

Statement Filed on Behalf of Plaintiffs in
Opposition to Statement of Defendant Board



53a

Statement Filed on Behalf of Plaintiffs in
Opposition to Statement of Defendant Board

defendants with first grade desegregation in September
1960, showing that Negro school children who are afforded 
the opportunity to attend desegregated schools do not neces­
sarily do so in large numbers.

3) The attempt by defendants in said Statement, to 
justify denial of the Constitutional rights of plaintiffs and 
the class they represent on the basis of the number of 
students who may apply for vindication of those rights, 
violates the Fourteenth Amendment to the Constitution of 
the United States.

4) The position taken by defendants in their said State­
ment is contrary to their statements at the hearing on 
June 15, 1961 when, in the words of this Court: “Counsel 
(for defendants) frankly stated that he could see no rea­
son why the colored students in that situation should not 
be permitted to take vocational courses in Fulton”.

For the foregoing reasons the plaintiffs respectfully 
pray:

1. That the aforesaid Statement filed on behalf of the 
defendants be disapproved and that defendants be re­
quired to comply with the direction of the Court contained 
in its opinion as rendered from the bench on June 15,
1961, to present a plan that will permit students who re­
spectively live nearer Fulton or Austin High Schools, to 
attend the nearest school without regard to race or color.

2. That in the event the Court should deny the relief 
prayed hereinabove in prayer number 1, the plaintiffs be 
granted an early hearing on the matters alleged in the



54a

aforesaid Statement filed on behalf of the defendants, and 
that said Statement be disapproved.

Respectfully submitted,

Carl A. Cowan 
101% W. Vine Avenue 

Knoxville, Tennessee
Z. A lexander L ooby and 
A von N . W illiams, J r .,

327 Charlotte Avenue 
Nashville 3, Tennessee

T hurgood Marshall and  
J ack Greenberg 

10 Columbus Circle 
New York 19, New York

B y................................... .......
Attorneys for Plaintiffs

Statement Filed on Behalf of Plaintiffs in
Opposition to Statement of Defendant Board

Certificate

I, Avon N. Williams, Jr., certify that I am one of the 
attorneys for the plaintiffs in the above styled action and 
that I have served a copy of the foregoing Statement of 
Plaintiffs by depositing a copy thereof in the United States 
mail, postage prepaid, addressed to his office in the Hamil­
ton National Bank Building, Knoxville, Tennessee, this 
26th day of July, 1961.



55a

— 71-

Excerpts From Hearing o f September 14, 1961

Afternoon Session

Thursday, September 14,1961 
* * # * #

— 74—

* * # ■ . #  #
T. N. J ohnston, called as a  w itness by and on behalf of 

the defendants, a f te r  hav ing  been first duly sworn, was 
exam ined and testified as fo llow s:

— 75—

Mr. Fowler: Your Honor, the last time your 
Honor asked me whether I saw any objection to 
that student who lived close to Fulton going to Ful­
ton for a course that was offered at Austin, and I 
said no.

At that time, throughout that hearing, there was 
never any reference to the factor that underlay the 
original hearing, and that was the fear of unrest 
and all that. And I want it clearly understood, that 
statement I made was subject to that condition. If 
it wasn’t understood then, I am going to put it in 
there now because that was the entire premise of 
my attitude in that second hearing.

There was a reluctance to discuss violence. We 
did not want any publicity on it, and the least it is 
discussed the better off it is. That has been our 
whole policy about this matter.

Direct Examination by Mr. Fowler :

Q. Mr. Johnston, you are the same Mr. Johnston that 
has testified before in this case as Superintendent of Knox­
ville City Schools? A. Yes, sir.



56a

Q. You were here at the last hearing when we discussed 
this Fulton plan which was filed by the Board of Educa­

t e —
tion? A. Yes, sir.

Q. And you are familiar with the Court’s suggestion 
that the Board consider a modification of your Fulton 
plan so that Negro students—actually, the Court referred 
only to a student, singular—might go to Fulton High 
School to take a course, or courses, even though they were 
offered at Austin. Do you recall that? A. Yes, sir.

Q. Has the Board given that matter consideration? A. 
Yes, sir.

Q. You are familiar with the facts, Mr. Johnston, that 
a statement was filed here—I will give you the date—on 
July 14th of this year dealing with that suggestion of the 
Court’s? A. Yes, sir.

Q. Was that statement read to the Board verbatim, con­
sidered by them and authorized by them? A. Yes, sir.

Q. Mr. Johnston, will you please tell the Court the gist 
of the reluctance of the Board to put into effect the Court’s 
suggestion? A. To permit the students living closer to 
Fulton High School to go to Fulton on the basis of prox-

—77—
imity, would involve more students than we formerly 
thought it would involve, and could overtax the facilities 
at Fulton High School. It could possibly deprive certain 
students at Austin High School, who live close to Austin 
High School, to take certain courses.

And there was a feeling that you could not permit a 
student to go just because he is a vocational student and 
then tell the student next door to him that he had to go 
on across town to take his academic work.

T. N. Johnston—for Defendants—Direct



57a

Also that if we involve great numbers of the Negro 
students suddenly to go into Fulton High School, it was 
felt that there would be trouble—upset the orderly proc­
esses of the school and that there just wouldn’t be too 
much learning going on—be too many too quickly.

Q. Mr. Johnston, as I remember the word that the Court 
used, he asked the Board to consider whether a Negro 
student living close to Fulton could go to Fulton to get a 
course even though it was offered at Austin.

Now what meaning has the Board tried to give to the 
wording of the Court “lived close to Fulton”? What prob­
lem did that imply or what is the result of it? A. “Live 
closer” would mean, I believe, that this is what the Board 
intended its interpretation—that any Negro student who 
lives closer to Fulton than he did to Austin High School 
would be entitled to go to Fulton.

—78—
Not just in the shadow of the school but anywhere he 

lived, if he should be closer to Fulton he would have the 
right to go to Fulton rather than to go to Austin.

Q.. I hand you a map, Mr. Johnston. Do you recognize 
this map and was it prepared under your supervision? 
A. Yes, sir.

Q. Now, can you take that map and explain to the Court 
what area is that in which—how much of the area of the 
City—its present City limits before there is annexation— 
lies closer to Fulton High School than to Austin High 
School? A. There is a section in the northwest part of 
the City around Sam Hill School here (indicating).

 ̂  ̂ ^

T. N. Johnston—for Defendants—Direct



58a

Q. Now, Mr. Johnston, I  will ask you first to point out 
on this map Fulton High School. A. This black dot in the

—7 9 -
center is Fulton High School.

Q. I am encircling that with a red crayon with a big 
“F.” Where is Austin High School? A. Austin High 
School is right here (indicating).

Q. I am encircling that in red with a big “A” next to it.
Will you take this crayon and of necessity, roughly and 

approximately, will you divide or can you draw a line 
which would divide the City of Knoxville in halves be­
tween Austin and Fulton; can you do that? A. I think 
that would be a little difficult to do but I could show you 
the major points of concentrations with respect to the dis­
tance to Fulton and to Austin.

Q. All right, sir, will you please do so. A. It may nat­
urally divide itself, but I  don’t believe I could draw the 
line right off.

Here is a section here in the northwest, Sam Hill Ele­
mentary School section. It is in the northwest section of 
the City. In this general area here (indicating), a heavy 
concentration.

Q. A heavy concentration of what? A. Of Negro citi­
zens and students of elementary, junior, and senior high 
school age.

And then this down here is Beardsley Junior High
—8 0 -

School, and the zone for Beardsley should be around in 
this section here (indicating).

The Court: I am sorry, I can’t hear you, your 
voice drops. Would you point those sections out 
for me again.

The Witness: This section right here is a large 
number of Negro students living there.

T. N. Johnston—for Defendants—Direct

By Mr. Fowler:



59a

Q. That is where the Sara Hill School is? A. That is 
right, in that general neighborhood.

Q. And you say many students are of student age and 
have capabilities for Fulton that live in the section? A. 
Yes, sir.

Q. That would mean that if you based this matter on 
distance that all of those people would probably enter 
Fulton rather than Austin; is that the idea? A. Probably. 
We have no way of knowing.

Q. I say, if you base it on distance. A. That is right; 
yes, sir.

Q. About how many would you have, would you say, 
in that category? A. We have estimated well over 200 in 
this general section here.

Q. You mean available students for Fulton? A. Yes,
—8 1 -

sir. That is, we don’t know that they would have the apti­
tude or the desire, but they would have the privilege.

Q. I understand, yes. A. This section here is what we 
call the Beardsley Junior High School section.

Q. What is the name? A. Beardsley Junior High 
School, and although the zone pretty well circles the school, 
there is a section of that zone which would lie rather closely 
towards Fulton, and that would be a section like that, that 
section (indicating).

Q. Is that a colored school, the Beardsley school? A. 
Yes, sir.

Q. How many available colored students are there for 
Fulton? A. We have estimated close to 175.

Q. All right. A. Now, of course, there are others back 
here but they would not be closer. It is just this group in

T. N. Johnston—for Defendants—Direct

By the Court-.



60a

here that would be closer to Fulton than they would be to 
Austin.

Q. I  see. A. Now there is a very small group in this
- 8 2 -

section right here (indicating).

By Mr. Fowler:
Q, What school is that adjacent to that you are pointing 

to? A. The elementary school is Lincoln Park, and I 
believe at the moment that there are 17 students total in 
that little section here.

Q. Negro students? A. Yes, sir.

By the Court:
Q. 17 available for Fulton in that region also? A. They 

are all grade levels. I can’t tell you offhand the number of 
high school students.

Q. Can you give me an estimate? A. I  would estimate 
3.

The Court: All right.

A. (Continuing) Now right here is another small group 
(indicating).

Q. To what school are you pointing now? A. Well, this 
is not a school. It is a little section where we used to have 
a school in the Broadway Shopping Center, and there are 
approximately 28 students of all grades in this section 
right here.

By the Court:
Q. How many do you estimate there would be available

—83—

T. N. Johnston—for Defendants—Direct

for Fulton? A. Three.



61a

The Court: All right.

A. (Continuing) Then over here, directly east of Fulton, 
there is a little section in this right here (indicating), near 
the New Hope Elementary School which has been aban­
doned, but in that section there are all grade levels of 
approximately 50 students, of all grade levels, and with 
the possible high school students, the last time I checked, 
there were 5. That is, as of now.

These students in this section and in this section, and 
here, over here and here (indicating), would all be closer 
to Fulton than they would be to Austin. We have checked 
the distances by speedometer on cars by driving, and so 
forth, and we have also checked the bus route, and the 
distance from this zone in here over to Fulton is 4.01 miles 
to Fulton. That is the Beardsley section. It is 4.01 by bus 
over to Fulton and 4.65 miles by bus over to Austin. So 
they are, generally, by bus closer to Fulton High School 
than they would be to Austin.

That pretty well covers it.

By Mr. Fowler:
Q. Mr. Johnston, you have just finished opening a school 

year, have you not? A. Yes, sir.
—8 4 -

Mr. Williams: I  object to that, if your Honor 
please. This matter was brought up in June and 
they had ample time to prepare.

The Court: The Court will hold that because of 
the delay in this trial the opening of the school will 
not prejudice either side.

Mr. Fowler: I wasn’t doing it for that purpose, 
your Honor.

T. N. Johnston—for Defendants—Direct



62a

Q. Mr. Johnston, in opening schools this September, you 
have made Fulton Technical and Vocational High School 
available to Negroes only as the Board proposed in its 
original Fulton plan? A. Yes, sir.

Q. How many Negroes are in Fulton High School now 
under that Fulton plan which the Board filed? A. We 
have one full-time student enrolled at Fulton High School.

Q. Are there a couple of others pending? A. Two others 
are pending; yes, sir.

Q. How many did the Board anticipate might attend 
Fulton High School under the Fulton technical plan when 
that plan was proposed to the Court and filed here back 
on March 31, 1961? A. I think we estimated between 10 
and 15.

—85—
Q. Now, do you have any way of estimating at all with 

any degree of accuracy how many would attend Fulton 
Technical High School if it had to admit all Negroes de­
siring a technical education living closer than to Austin; 
can you estimate that? A. At the present time?

Q. Yes. A. No. I can give you—well, I could give you 
an estimate based on the percentage of students who have 
been interested in vocational work in the past.

Q. Will you do that, please? A. Then that has averaged 
at Austin High School, roughly—

Mr. Williams: Your Honor, I object to.that as 
being—that is all right. I will cover it on cross 
examination.

A. (Continuing) —roughly 42 percent of the students at­
tending Austin have chosen vocational work, and if we take

T. N. Johnston—for Defendants—Direct

By Mr. Fowler:



63a

42 percent of the people, the number that we feel are 
eligible on the proximity basis in these sections here, I  
think it would be somewhere in the neighborhood of 160 
or 170.

Q. That 42 percent, approximately, has no relevancy to 
whether they would choose to attend Fulton or Austin?

— 86—

A. No.
Q. But they could attend Fulton if they so chose under 

the Court’s suggestion? A. That is correct.
Q. Now will you give us some enrollment figures for 

this year. How many are enrolled at Austin High School, 
total number, as of now? A. As of yesterday, there were 
700 students.

Q. And how many at Fulton? A. I could look it up but 
I think in the neighborhood of 1200.

Q. Now coming to the technical and vocational schools 
themselves. What is the capacity of that school at Austin? 
A. The total school?

Q. No, the technical and vocational division at Austin? 
A. Between 315 and 325.

Q. And at Fulton? A. 572.
* * * * *

—87—
* * * * *

Q. Can you look and get it? If you see any figures there 
that would make this approximating more accurate, don’t 
hesitate to put it in. A. At Austin High School as of 
September 13th, yesterday, there were 276 enrolled in the 
vocational program.

At Fulton, there were 504 enrolled in the vocational 
division.

Q. That was yesterday? A. As of yesterday.

T. N. Johnston—for Defendants—Direct



64a

Q. 504. How many did you have there last year at Ful­
ton? A. 594 for the school year.

# # # # *

T. N. Johnston—for Defendants—Direct

* # # * *
By Mr. Fowler-.

Q. Can you help on that, how many did you have last 
year in Fulton technical and vocational division? A. 594.

Q. I think you said you had only 504 enrolled there now. 
How do you explain that discrepancy of 90? A. In study-

—89—
ing the average enrollment and when people enroll in the 
high schools, at Fulton High School, taking that school 
in particular, there has usually been, after the first few 
days of the initial enrollment, there has been an increase of 
75. That has been the average for the last few years.

Part of that is due to the fact that the Fair is going on. 
There will be other students always come in, and for the 
first six weeks the record has shown that the average is 
about 75 that will pick up.

Q. Fulton High School is the only technical and voca­
tional school heretofore conducted for white students in 
the city; is that correct? A. Yes. Austin does the same 
thing. In fact, it normally picks up in two or three weeks 
time in the fall. The initial enrollment is just an opening, 
and for about six weeks it will gradually pick up, particu­
larly after the Fair.

Q, I think we forgot to file that map. Will you file that 
map as Exhibit No. 1 to your testimony? A. Yes, sir.-

(Exhibit No. 1 was filed.)



65a

Q. Now, would there be any administrative problems, 
any overcrowding, any exceeding of capacities in class-

—9 0 -
rooms, or otherwise? A. Well, I think there would be.

Q. Tell the Court what problems you have along that 
line. A. Suppose we have a shop at Fulton that has 20 
students and a similar shop at Austin that has 15. If we 
permit a lot of extra students to come in and build this 
shop up to overcrowding at Fulton, it would take away 
some students at Austin to the point where we might not 
be able to justify carrying on this course and the students 
who live closer to Austin could be denied the course and the 
one at Fulton would be overcrowded.

And I think when you begin to overcrowd, putting these 
students closer together initially, that there will be dif­
ficulty, administrative difficulties, discipline, and problems 
involving their education, progress in their work.

Q. What are the limitations on the size of classes at 
Fulton? A. Well, that varies according to the hazardous­
ness or danger of the equipment in the shop program. 
Such as programs as machine shop, or machine woodwork, 
electricity, et cetera, are considered hazardous and there 
is a limit of 22.

The State Department feels that 22 students would be
—91—

the most that any one instructor could carefully supervise 
in this type of hazardous type training.

In the other types they vary from 24 to 26.
Q. In those rooms that can handle 22 students, how would 

you handle an application, say, for 38 pupils to take such a 
course; what would you do? A. Well, you would normally 
take first come—first served, if they are qualified people.

T. N. Johnston—for Defendants—Direct

By Mr. Fowler:



66a

That is about the only way you can unless you have addi­
tional space to take care of them.

Q. Is it feasible to have two classes and use the same 
equipment for both groups? A. In the shop work, re­
member that a shop course is three consecutive hours. That 
is, it is one shop. So the machine shop may be either from 
9 to 12, three consecutive hours. That is called one shop. 
The same equipment is used for another machine shop 
class in the afternoon, three straight hours.

So you couldn’t use it for anything else. You would have 
two shops. You could have 22 in the morning and 22 in 
the afternoon and accommodate 44 students in the course of 
a day in the machine shop.

# #  *  *  #

—93—
# # # # #

Q. Now, I don’t want to lead, but I want to ask you this 
question. Would an influx of 150 or 175 Negro students 
tax the capacity of your ordinary classrooms as well as

—94—
the capacity of your shop facilities?

Mr. Williams: Objected to, if your Honor please, 
as calling for a conclusion which is, in the first place, 
irrelevant to any issue here, and which, in the second 
place, is remote and speculative.

The Court: Do you insist on an answer?
Mr. Fowler: Yes.
The Court: I think this man is capable and he 

would know more than the Court would. Do you have 
an opinion about that?

The Witness: Yes, sir.
The Court: If you have an opinion, the Court will 

permit you to express it.

T. N. Johnston—for Defendants—Direct



67a

A. In my opinion, a great many of the classrooms, facili­
ties, would be overtaxed.

Q. Would you have crowding! A. In some instances 
there would be crowding.

Mr. Fowler: You may ask him.

Cross Examination by Mr. Williams:
Q. Mr. Johnston, who prepared that map, sir? A. I be­

lieve I got the map myself from the Metropolitan Planning 
Commission and prepared about half of it. I  had Mr. 
Frank Marable, our Supervisor of Child Personnel, to get 
the bus distances and put them on it for me.

—95—
Q. And you then had not gone out in these neighbor­

hoods and made any surveys and you know nothing of 
your own knowledge regarding where any Negro family 
lives or the number of Negro families who live in any par­
ticular area, do you! A. I certainly do. I will be glad 
to take you right to them. I have been all around through 
there. I have not knocked on the door but I have been all 
around through the sections.

Q. Have you been around through these sections, sir, 
and asked them, taken a census as to the children of 
school age? A. No.

Q. Then the figures which you were giving this honorable 
Court a few minutes ago, the estimated figures, were based 
on either some information that you got from somebody 
else or just guess work on your part, were they not? A. 
They were based on information that the proper person 
that I have is supposed to keep those figures checked and 
give me. I am not saying that they are. I would say they 
are reasonably correct.

T. N. Johnston—for Defendants—Cross



68a

Q. Well, you don’t know of your own knowledge whether 
those figures are accurate, do you? A. Absolutely ac-

—9 6 -
curate ?

Q. Yes, sir. A. No.
Q. Well, you don’t have any personal knowledge as to 

their accuracy, do you, sir, of your own knowledge? A. 
Well, I have the information which the man that I have 
that keeps up with those figures gave to me. I didn’t go out 
there.

Q. You just had some information from somebody else 
but you don’t know of your own knowledge, do you? You 
have never made a count yourself? A. No, I haven’t gone 
and counted them.

Q. Now, Mr. Johnston, when you said 200 children were 
living in the Sam Hill school area, that was information 
that you received from somebody else? A. That is right.

Q. And that 200 children, or based on that information 
that you received, that your total estimate of Negro high 
school children living in the Sam Hill school area; that is 
correct, is it not? A. The total estimated in that section?

Q. Yes, sir. Your estimate of the total number of Negro 
high school children living in that area? A. Yes, sir.

Q. And the same is true of the Beardsley High School,
—97—

or Beardsley area? A. That is right.
Q. That is just your estimate? A. Yes, sir.

# # # * *
— 100—

# # . # * #
Q. Now going back just a little bit, Mr. Johnston. You 

say you estimate that the—based on your original plan, you

T. N. Johnston—for Defendants—Cross



69a

would have about 15 Negro students under your segrega­
tion transfer plan in the vocational classes? A. Yes, sir.

—101—
Q. You only had one? A. We have one enrolled now; 

yes, sir.
Q. You have one enrolled now and you expected fifteen. 

How many do you say you have waiting? A. We have two 
that—

Q. You have two that have applied. A. That is right.
Q. And at this time they have not been taken in while you 

try to go ahead and find some more Negro students to get 
up a segregated course from out at Austin; that is true, 
is it not? A. No, sir.

Q. Isn’t it true that you have taken applications from 
Negro students at Austin for a commercial art course 
knowing this single boy made application at Fulton and 
jmu turned him down and you want to try to get some other 
students? A. That isn’t true.

Q. Why hasn’t he been admitted under the plan in 
effect? A. Mr. Hogue is the principal of the Negro senior 
high school. He had a course last year in commercial art. 
He wanted to continue his commercial art and he has been 
going through his enrollment cards and cheeking to see 
if he is going to have a class at Austin. He wanted to con-

—102—
tinue his commercial art class.

I have not encouraged Mr. Hogue to create a class over 
there. It is part of his program.

Q. But, Mr. Johnston, school has been going on for two 
weeks now, has it not? A. Yes, sir, it has, tomorrow.

Q. And representation was made to this Court that if 
the course was not offered at Austin that it would be made 
available-—even under the plan the Court approved on June

T. N. Johnston—for Defendants—Cross



70a

15, it would be made available to the student at Fulton; that 
is correct, is it not? A. That is the plan; yes, sir.

Q. And yet even that has not been done? A. As I say, 
it is pending.

Q. Well, do you plan to hold every student under this 
plan that was approved June 15, do you plan to make him 
wait three or four months to see if you can make a course 
up at Austin? A. We don’t plan them that way. We do 
not hold them up unless some particular course is full. The 
principal is organizing his courses, and, Mr. Williams, in 
every high school where there is a large group of people in 
the elective subjects it takes several days for the principal 
to adjust his classes to see if he can’t provide them for his 
students.

—103—
Every principal today is still working out his elective 

program in every one of our high schools.
Q. While that principal is attempting to work that out, 

since you don’t have the answer, wouldn’t it have been fair 
to let this young man go ahead and enroll in Fulton to see 
if you can’t establish a segregated course over there? A. 
Mr. Hogue has a commercial art teacher there and he is 
providing some work while this is being determined.

Q. Mr. Johnston, you have a minimum number of 
students for a commercial art course, do you not? A. A 
minimum ?

Q.. Hasn’t evidence been given here before the Court 
that you had to have a certain minimum number before 
a course could be established? A. Yes, sir.

Q. What is that number of students for commercial art? 
A. The minimum or average daily attendance is 10. We 
can start a course with 10. It usually takes 15 to have an 
average daily attendance of 10.

T. N. Johnston—for Defendants—Cross



71a

Q. I thought you testified before it took 15 students, in 
support of this plan it took 15 students to start a course?

—104—
A. If so, I should have gone a step further to explain that 
the State will permit us to start a course with 10 if we can 
maintain an average daily attendance of 10, so we could do 
it with 10 and we usually try for 15.

Q. At the beginning of this school year when Eddy Davis 
applied for commercial art at Fulton, you did not have 10 
students available at Austin, did you? A. According to 
Mr. Hogue, the principal, he did not at that time.

Q. Well, you don’t intend to deny Eddy Davis his rights 
in order to please Mr. Hogue—the Board doesn’t intend to 
do that? A. The Board does not intend to at all, neither 
do I.

Q. You state your second problem was that if the Board 
attempted to work out something along the line suggested 
by the Court you could overtax the school facilities. Now 
how—let me ask you this, Mr. Johnston, aren’t there some 
white children living closer to Austin than there are to 
Fulton? A. I imagine quite a few.

Q. Don’t you have a lot of white children living out at 
East Nashville (Knoxville) closer than to Fulton? A. 
Quite a few. They go to East High School that live in that

—105-
section.

Q. And you have got, sir, you have got approximately 
40 some—well, 24 plus 13, that is 37 spaces, over in Austin 
that are not in use; that is true, is it not? A. 37 spaces?

Q. Yes, sir. You said that Austin could accommodate, 
the vocational school, could accommodate between 315 and 
325 and you had 276 enrolled there. Now that means you 
have got between 37 and 47 available spaces at Austin now?

T. N. Johnston—for Defendants—Cross



72a

A. I guess that is right; yes, sir. We have no way of 
knowing whether there would be students who would want 
a particular thing. It is all elective.

Q. In the event your guess or estimate did not turn out 
to be correct and, say, 70 or 75 Negro students decided 
they wanted to take—who lived at Fulton’s door and de­
cided they wanted to take a course there, and assuming 
you had the 60 some spaces that you now have available 
at Fulton became vacant, why couldn’t the Board have 
worked out a plan such as the Court suggested whereby 
some of the white students could go over to Austin voca­
tional school, it is just as good—we stipulated it is just 
as good. A. We think so; yes, sir.

Q. Why couldn’t white students go over there? A. I
—106-

think in this transfer plan that we worked out, we provide' 
for white students to transfer to Austin if that course was 
not given at Fulton, and vice versa.

Q. Yes, sir, but we now are talking about an additional 
study that the Board was asked by the Court to make 
to eliminate this problem of Negro children having to 
pass by Fulton to go all the way to Austin, and it is also 
a problem of the white children who live in East Nashville 
(Knoxville) having to pass all the way by Austin, which 
is just as good, and go all the way to Fulton; is that right? 
A. Yes.

Q. So that actually the Board might conceivably relieve 
some of its facility problems if it attempted to work out 
some plan like this, wouldn’t it, that could conceivably hap­
pen? A. That could conceivably happen.

Q. And the same is true, of course, that the point that 
was made today here, you said that it might possibly de­

T. N. Johnston—for Defendants—Cross



73a

prive students who live closer to Austin High School of 
an opportunity to. take certain courses.

What you meant by that was you might have a class 
of 14 at Austin and then some student who lives closer 
to Fulton might drop out of the class at Austin and go 
to Fulton and that would get it below the 15, or 10, as 
you now say, and the class would have to be discontinued.

—107—
That is what you are referring to1? A. Yes, as well as—

Q. If you work out. the sort of plan whereby the children 
went to the nearest school, you wouldn’t necessarily have 
that problem, would you, because you might have- some 
white students filling in the space at Austin! A. That is 
quite true, but I think that would completely break down 
the program we are trying to promote in the school system 
at all levels.

Q. Then, of course, the fourth point was that if you 
attempted to work out something along the line suggested 
by. the Court, that this would let vocational Negro students 
do something that you weren’t letting the other students do. 
Well, now, under your original plan you let the first and 
second grade Negro students do something that all other 
Negro students are denied at present, are you not? A. 
That was the plan that we worked out and there were 
several reasons for that, of course.

Q. So that a plan for zoning of these two vocational high 
schools would not be, on a residence basis, would not be 
any more inequitable from that point of view than your 
original grade-a-year plan, would it? A. I suppose it 
would not.

—108—
Q. And finally, when it boils down, it really boils right 

down to the real problem, the only real basic reason why

T. N. Johnston—for Defendants—Cross



74a

the Board has come in and said to the Court it was not 
willing to take the risk of even studying a zoning plan 
for these vocational high schools, is this fifth statement, 
that overcrowding and you might have trouble. That is the 
major problem that you and the Board had in mind? A. 
I wouldn’t discount the others, but I would say that is the 
major problem.

Q. And based on your feeling that some white students 
might get mad because he was in a cafeteria with a Negro 
student and might start a fight or something; that is cor­
rect, is it not? A. That is possible among other things.

Q. What other things then? A. Well, there are other 
feelings or tensions that could be created by these students 
being together.

Q. Sir? A. It doesn’t have to happen in the cafeteria. 
There are all kinds of school facilities that these children 
are going to use.

Q. It is the joint use of school facilities by Negro and 
white children that the Board objects to because they are 
afraid that some white child might get mad about it and

—109—
create violence, incidents of violence; that is true ? A. That 
is a major problem.

Q. That is the major problem.
Now one more thing I omitted to question this. When 

you are talking about the students at Austin would be 
denied a course where some kid lived near—Negro child 
lived nearer Fulton went over to Fulton, if they left, some 
of the students, Negro students, at Austin in a lurch, if 
you couldn’t get any student from their area, they would 
still have the right to transfer under the plan approved 
on June 15th, to go over to Fulton? A. If we had room 
for that.

T. N. Johnston—for Defendants—Cross



75a

Q. Mr. Johnston, the Board has stated that it feels like— 
and this is getting away from your specific proposition, 
which I think, all of which we discussed, the Board has 
stated that, as I understand it, through you, that it just 
feels like that is not in accord with their original plan 
approved by the Court since it allows some desegregation 
above the second grade, is that the philosophy of the thing 
—is that the philosophy of this statement which was filed 
here! A. I think it is a feeling that it would be very diffi­
cult if you permitted the students who wanted to take 
vocational work to go to Fulton because he lived closer, it

—110—
would be difficult to turn down the student who wanted to 
take general academic work who lived closer to Fulton, 
and that, of course, completely disrupts the gradual de­
segregation process.

# *  *  *  #

—115—
-y. -ii- 4L.W * IT W *

T. N. Johnston—for Defendants—Cross

By Mr. Williams:
Q. Then you do think, that you do think that even if 

there were any readily cognizant problems arising from 
hostilities on the part of some students, that if the school 
administration was firm and strong and thoughtful on its 
approach that you could handle any such problems? A. 
That is our plan here. In putting into effect the two plans 
that we have had ajjproved here, is to deal with a firm hand, 
and we have no fear of handling anything that comes up.

I would like to point out, Mr. Williams, if I may—
Q. Yes, sir. A. (Continuing) —that I think I would be, 

if I were not conscious of the fact that order is the first 
law of the classroom, that is what I want, I  think I would



76a

be dilatory in my duties. We must have order, and I am 
conscious of the fact that we want to keep order. But I am 
prepared to deal with whatever is necessary to maintain

—116-
order in the classroom.

Q. Mr. Johnston, when you get a hoodlum in your school, 
a vandal, you can discipline him and you have some, can 
you not? A. We have; yes, sir.

Q. And what you are talking about is that you have some 
vague fears that there will be a large number of Negroes 
in the school and you are afraid that somebody might be 
mad about it and you couldn’t control it.

Are you willing to say that you and your staff, your 
teachers, cannot discipline their children properly? A. I 
think wTe can discipline our children, but I think it would, 
by putting great numbers suddenly, making this terrific 
change, that the problems would be very difficult and re­
act against all the children insofar as learning is concerned.

Q. You say you think you could handle the problem? 
A. Well, I would try to handle it.

Q. Let me ask you this. What surveys have you made to 
actually determine how many Negro students actually live 
within some zone that you would set up and actually 
wanted to go to Fulton? A. I  have made no personal 
surveys.

—117—
Q. Has the Board, nor the school administration, or any­

body made any surveys? A. Not specifically of those who 
want to go or who want to take a vocational program.

Q. The hearing in this case was held on June 15th. This 
statement of the Board, in which it states it is unwilling 
to comply with the request of the Court, was filed one 
month later, on July 14th.

T. N. Johnston—for Defendants—Cross



77a

Sir, what was the Board doing, and the administration 
doing, during this month of delay—they weren’t making 
any surveys; they weren’t trying to determine how many— 
A. I think it would have been impossible to have in the 
summer months, when the students are scattered all over 
the country, to locate these potential students and check 
with their parents to determine what they wanted to do. 
It would be almost impossible.

Q. Did the Board consider that it could have come back 
to the Court and asked for time to make a survey? A. I 
don’t think that was mentioned. We went on the basis of 
the count that we had last spring at the close of school. 
That is where we got it, derived those figures from in our 
estimates.

Q. Eddy Davis, that boy that you turned out this Sep­
tember, it is not going to create any disciplinary problem,

—118—
is he? A. No, I don’t think. We haven’t turned him down.

Q. He has been out two weeks? A. He is in school.
Q. Let me ask you, Mr. Johnston, is this vocational 

course that he is taking is supervised, in effect, by the State 
of Tennessee. Is it under the general supervision of the 
State of Tennessee? Do you have some sort of—do you 
have to qualify in order to operate these courses, these 
vocational courses? A. Yes, they have. Certainly, quali­
fication has to be met.

Q. If he continues going there by himself, with that in­
structor for the rest of the semester, he is going to get 
credit for that course? A. We don’t intend for Eddy 
Davis to go to a class by himself. He is supposed to be 
with eight today.

Q. I just want to be fair with you, Mr. Johnston. He

T. N. Johnston—for Defendants—Cross



78a

is not attending an accepted course at present for which 
he can receive credit, is he? A. Not at the moment.

-V- -a- -y, -V-'iV -n' -Jr ^

—120—
* * * * #

Q. I  just want to pin you down. Are you, or aren’t you, 
are you giving an opinion to this Court as to any specific 
number of Negro children that you estimate might apply 
to go to Fulton High School! A. I am just giving it the 
estimate of if what has happened in the past did happen 
now, about 42 percent of the eligible students would take 
vocational work.

Q. All right. You are saying that, and you are basing 
that—well, we have been over that.

So then you are saying 42 percent of some 386—42 
percent of some 386 might apply? A. Well, we don’t 
know. They could. I  don’t know what the students are 
thinking about.

Q. Are you testifying that they would or that they might 
or they could, or what? I  would just like to be clear on 
that. A. They would have the right.

Q. They would have the right. In other words, then, 
you are testifying that some 161 Negro children might 
apply? A. They would have the right.

—121—
Q. Would have the right to apply, and you estimated 

that 15 might apply, or might have the right to apply un­
der this plan approved June 15th, and one applied? A. 
We estimated—■

Q. Two applied. A. We estimated there might be 10 
or 15 who would actually come to Fulton.

Q. Sir? A. We said 10 or 15 at that time.

T. N. Johnston—for Defendants—Cross



79a

Q. You actually have one enrolled now? A. That is 
right.

Q. So your estimate was good one in fifteen—your esti­
mate was good one in fifteen; that is correct, isn’t it? A.
Well, we have two pending.

# * * * *
—123—

Q. Yes, sir. What I was saying, it isn’t an approved 
class under State regulations, is it? A. But the State per­
mits these high schools a few days in which to organize 
and to make the proper arrangements. Sometimes it is 
several days—on elective subjects.

Q. But if he had been a white student, he would have 
been in class, wouldn’t he? A. I won’t answer that. He 
would be out there if he was the only one. Mr. Hogue wants 
to continue his class out there. If he can’t do it, we can 
take care of him.

Q. Can you make any statement at this time as to when 
you expect some determination to be made as to whether 
Mr. Hogue is going to get up a class out there so he ean 
keep this boy out at Austin when he wants to go to Fulton? 
A. We thought we would have a determination yesterday 
but it was a short day.

Q. Still trying to get some more students, isn’t he? A.
—124—

Mr. Williams, you are a graduate of our high schools here, 
and you know that working out classes in electives, and the 
principal, one man, has to make the schedules. Three 
people can’t do it—one man has to do it, and he is working 
hundreds of cards trying to balance his classes. It takes 
time to do it.

I don’t think he is deliberately—he wants to make sure

T. N. Johnston—for Defendants—Cross



80a

that he has examined all of the cards to see if he has them. 
I  don’t think he is deliberately trying to encourage students 
to take it.

Q. You don’t know whether he did or not? A. No. I  was 
giving you my opinion.

Q. Yes, sir, I know— A. I talk with Mr. Hogue a great 
deal and think he is sincere about it.

Q. That is the purpose of the delay then, to attempt to 
get up a class out there and the effort is being made to 
do that, he has been delayed two weeks in his education 
on account of that? A. I wouldn’t agree with that.

Q. Well, you know he is. You have got some man you 
use to instruct commercial art out there—by the way, is 
this man just giving him—teaching nobody but him? A.

—125—
I am not watching the instructions. I am going by what 
Mr. Hogue tells me.

Q. Then this here again is some more hearsay? A. 
Well, I don’t go over and stand at the door and watch. 
I ’ve got to trust these people. The man is on the job with 
the students and if he doesn’t have enough students, then 
we will have to make other arrangements.

Q. Mr. Johnston, you have got to trust your staff on a 
matter like this. Haven’t you also got to trust yourself 
to handle any matters of dissatisfaction that arise by the 
racially integrated student? Haven’t you got to trust those 
students to act right under proper guidance and leader­
ship ? A. I think that is right.

T. N. Johnston—for Defendants—Cross

Mr. Williams:



81a

Redirect Examination by Mr. Fowler:

Q. How many commercial art students do you now have 
at Fulton ? A. 23 as of yesterday.

Q. What is the capacity of that class? A. Supposed to 
be 24.

Q. If Eddy Davis goes to Fulton, will the other 5 Austin 
High School commercial art students follow him and, if so,

—126—
what will you do with them at Fulton if the capacity is 24? 
A. Well, if we are not able to have the class there, we will 
have to divide the class at Fulton and make classes in 
order to accommodate them.

# # # * #

T. N. Johnston—for Defendants—Redirect



82a

I n the

UNITED STATES DISTRICT COURT
F ob the  E astern D istrict of T ennessee 

N orthern D ivision

Opinion Dated September 20 , 1961

[ s a m e  t i t l e ]

Opinion  as R endered F rom the  B ench

A full hearing was had in this case in the summer of 
1960 at which time the Court heard a number of witnesses 
over a period of two or three days or more. Following that 
hearing this Court filed detailed findings of fact and con­
clusions of law that approved the plan of desegregation 
that was submitted by the Board of Education of the City 
of Knoxville with a single reservation.

The suggestion was made in the memorandum opinion 
that the Board restudy the plan insofar as it related to 
the technical branch of the Fulton High School. It was 
brought out in that hearing that certain technical courses 
were not available at the Austin High School to colored 
students which were available to the white students who 
attended Fulton High School. The Court pointed out in 
that opinion that the colored high school students of Knox­
ville were entitled to the opportunity of taking all technical 
courses offered by the High School System of Knoxville.

In response to the suggestion of the Court that the plan 
be restudied insofar as it affected the technical training 
division of Fulton High School as well as the technical 
training division of the Austin High School, the Board



83a

of Education submitted a plan of desegregation which per­
tained to the technical training division of the Fulton 
High School.

Another hearing was had on this plan—the Court failed 
to state that exceptions were filed by the plaintiffs to the 
original plan as well as to the Fulton plan—at which time 
the Court again heard witnesses in support of the plan.

In the course of that hearing the Court made the follow­
ing observation: “The Court is further of the opinion that 
the supplemental plan is a feasible plan and meets con­
stitutional requirements with possibly one exception, which 
may be illustrated in this manner. A student who lives 
near Fulton and who possesses the necessary vocational 
qualifications to enter Fulton, should not be required to 
travel across town to attend Austin when Fulton is much 
nearer. Also in this connection, the Court requests the 
superintendent and the Board of Education to restudy this 
one phase of the problem and try to present a plan that will 
meet the difficulty, if it is a real difficulty, which the Court 
has tried to point out by the foregoing illustration.”

Following this memorandum, which was dictated from 
the bench and a transcript thereof filed on June 19th, 1961, 
the Board of Education filed a statement on July 14th, 
1961. The Board pointed out to the Court in a respectful 
manner, that the Fulton plan was a feasible one and that 
if the suggestion of the Court should be carried out grave 
administrative problems would probably arise.

The response of the Board is to the effect that the schools 
of Knoxville are being successfully operated under the plan 
originally approved by the Court as amended, which has 
been referred to as the Fulton plan, and if changed so as 
to carry out the suggestion of the Court which was made

Opinion Dated September 20, 1961



84a

at the June 15th, 1961 hearing previously referred to, 
serious trouble would probably develop.

Generally speaking, the basis of this position is, as the 
Court understands, that the capacity of Austin High School 
is 315 to 325 students and that 313 technical students at­
tended that school last year and 276 students are attend­
ing this year; that the capacity of Fulton technical high 
school is 572 while 594 technical students attended last 
year. There is in attendance this year 504 technical 
students. It is obvious from these figures that Fulton was 
over-crowded last year.

Superintendent of Schools T. N. Johnston pointed out 
that the present number of technical students attending 
Fulton will rise to at least an additional seventy-five 
students within the next few days. If he is correct in his 
figures, Fulton will have at least 579 technical students 
this year. Fulton exceeded its normal capacity last year 
by 22 students and it will again exceed its capacity this 
year by seven students.

A map has been filed in this proceeding today in which 
Mr. Johnston has pointed out the location of Fulton High 
School and Austin High School. These are the only schools 
in Knoxville which serve technical high school students.

It is to be observed from this map that the Fulton High 
School is located in the north central part of the City and 
the Austin High School is located in the eastern section of 
the City.

Superintendent Johnston also pointed out on this map 
the Sam Hill Elementary School for colored students. 
There are approximately 200 potential technical high school 
students who live in the Sam Hill vicinity and who are

Opinion Dated September 20, 1961



85a

nearer the Fulton High School than to the Austin High 
School.

Mr. Johnston also pointed out a colored community 
where a colored junior high school is located. He stated 
that this community has potential high school technical 
students of 175. He likewise pointed out the Lincoln Park 
colored school with potential high school technical students 
of three; the Broadway shopping center community with 
potentially available high school colored students of three; 
and the New Hope vicinity with potential technical high 
school colored students available of five.

So that as a matter of simple mathematics the available 
technical high school students in these locations number 
approximately 386. All of these students live closer to 
the Fulton High School than the Austin High School.

If the Fulton technical high school should be available 
to all of these students who live nearer to it than to the 
Austin High School and a substantial number of these 
students should avail themselves of the opportunity of at­
tending Fulton High School, it then follows with reasonable 
certainty from the proof in this record that Fulton High 
School would be loaded with technical students far be­
yond its capacity to serve them. This would not be a whole­
some situation for the students or the teachers or the com­
munity. Mr. Johnston has pointed out that over-crowded 
schools present important and serious administrative prob­
lems.

As previously indicated, this Court gave careful con­
sideration to the original plan submitted by this Board. 
It likewise gave due consideration to the Fulton plan, which 
was in effect an amendment to the original plan. It gave 
its reasons for approving the plan as amended with the

Opinion Dated September 20, 1961



86a

single reservation previously mentioned. During the last 
hearing the Court felt that an injustice may be done some 
of these colored students who live near Fulton High School 
and who were forced to go several blocks to the Austin High 
School. This feeling prompted the observations of the 
Court to the Board for a restudy.

If the Court fails to order Fulton available to all aca­
demic colored students living nearer to it than to Austin, 
but orders it available to all colored technical students 
living nearer to it than to Austin, the colored academic 
students could properly say that they were the victims 
of unjust discrimination. Such a situation would present 
additional problems for the school authorities.

The Court hesitates to make any reference to any serious 
disorder that might develop if a full desegregation order 
were entered as to Fulton at this time. This subject was 
fully explored by the Court in its memorandum opinion 
following the first hearing. It is the feeling of the Court 
that the least that can be said about these matters, the 
better it is for the community. This Court has had its 
experience with such matters as pointed out by counsel 
here today in his argument as well as in the aforementioned 
memorandum opinion.

It is the opinion of the Court that the plan of the Board 
filed on March 31, 1961 to provide technical training facili­
ties for negro students similar to those provided for 
white students at Fulton High School be, and the same 
hereby is, approved.

Let an order be presented in conformity with the views 
expressed herein.

B obt. L. T aylor 
United States District Judge

Opinion Dated September 20, 1961



87a

I n  the

DISTRICT COURT OF THE UNITED STATES 
F or the  E astern D istrict of T ennessee 

N orthern D ivision

Judgment Dated September 2 0 , 1961

[ same title]

This cause came on to be heard further on June 15, 
1961 and September 14, 1961, upon the entire record in­
cluding evidence introduced on said dates, without the in­
tervention of a jury, and upon briefs and argument of 
counsel pursuant to which the Court on June 15, 1961 and 
on said September 14, 1961, delivered its memorandum 
opinions, all of which are incorporated by reference.

It is therefore ordered, adjudged and decreed as fol­
lows :

1. That the plan of the Board of Education of the City 
of Knoxville to provide Vocational and Technical train­
ing facilities for Negro students similar to those provided 
for white students at Fulton High School, approved by 
said Board on March 23, 1961, and tiled with this Court 
on March 31, 1961, be and it hereby is approved. The 
said Board of Education is hereby ordered to put said 
plan into effect.

2. That jurisdiction of the action is retained during 
the period of transition.



88a

To the foregoing action of the Court the plaintiffs ex­
cept.

R obt. L. T aylor 
United States District Judge

0. K.
8. F rank F owler

for the Board of Education, defendant.
Carl A. Cowan 
A von N. W illiams, J r.

Attorneys for Plaintiffs
Entered September 20,1961

Judgment Dated September 20, 1961



89a

I n the

DISTRICT COURT OF THE UNITED STATES 
F oe the  E astern D istrict of T ennessee

N orthern D ivision 

Civil Action No. 3984

Notice o f Appeal Filed September 2 1 ,1 9 6 1

J osephine Goss and T piomas A. Goss, infants by Ralph 
Goss, their father and next friend,

T homas L. M oore, J r ., an infant by Thomas L. (Tommy) 
Moore, Sr., his father and next friend,

D ianne W ard, an infant by Berneeze A. Ward, her father 
and next friend,

T heotis R obinson, J r., an infant by Theotis Robinson, Sr., 
his father and next friend,

D onna Graves, an infant by Donald E. Graves, her father 
and next friend,

P hyllis R oberts, an infant by John B. Roberts, her father 
and next friend,

A lbert J. W inton , J r., an infant by Albert J. Winton, Sr. 
and Mrs. Lillian Winton, his father and mother and 
next friends,

R egena A rnett and M ichael A rnett, infants by Mrs. Car­
olyn Arnett, their mother and next friend,

E lizabeth P earl B arber, an infant by Mrs. J. E. Barber, 
her mother and next friend,

S haron S m ith , an infant by Archibald Smith, her father 
and next friend,



90a

A nnie  B rown, an infant by Archibald Smith, her guardian 
and next friend,

Charles E dmond M cA fee , an infant by Rev. Edmond Mc­
Afee, his father and next friend,

I van Maurice B lake, an infant by Rev, C. E. Blake, his 
father and next friend,

H erbert T hompson, an infant by Clyde Thompson, his 
father and next friend,

E ddie R iddle, an infant by Mrs. Carrie Riddle, his mother 
and next friend,

and

R alph Goss, T homas L. (T ommy) Moore, Sr., B erneeze A. 
W ard, T heotis R obinson, S r., D onald E . Graves, J ohn 
B. R oberts, Albert J .  W inton , Sr., Mrs. L illian 
W inton , Mrs. Carolyn A rnett, Mrs. J .  E . B arber, 
A rchibald S m ith , R ev. E dmond M cA fee , R ev. C. E . 
B lake, Clyde T hompson, Mrs. Carrie R iddle,

Plaintiffs,
versus

T he B oard of E ducation of the  City of K noxville, 
T ennessee, et al.,

Defendants.

Notice of Appeal Filed September 21, 1961

N otice of A ppeal

Notice is hereby given that the plaintiffs, above named, 
hereby appeal to the United States Circuit Court of Ap­
peals for the Sixth Circuit from the judgment entered in 
this action on the 20th day of September, 1961.



91a

S igned :

Carl A. Cowan

2212 Vine Avenue, S. E. 
Knoxville, Tennessee

Z. A lexander L ooby 
Avon N. W illiams, J r.

327 Charlotte Avenue 
Nashville 3, Tennessee

J ack Greenberg 
T htjrgood Marshall 

10 Columbus Circle 
New York 19, New York
Attorneys for Plaintiff s- 
Appellants.

Notice of Appeal Filed September 21, 1961