Attorneys for the Negro children in the Atlanta school case will not appeal…

    PRESS RELEASE® @ 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
TO COLUMBUS CIRCLE + NEW YORK 19,N.Y. © JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS eS THURGOOD MARSHALL 
President Director-Counsel 

May 12, 1960 

NEW YORK, May 12,-- Attorneys for the Negro children in the 

Atlanta school case will not appeal Federal Judge Frank Hooper's order 

fixing May 1, 1961 as the date desegregation in the city's public 

schools must start, it was announced today by the NAACP Legal Defense 

and Educational Fund. The order was entered by Judge Hooper on 

Monday, May 9. 

The decision not to appeal, Legal Defense attorneys stated, is 

based on the fact that desegregation of Atlanta's public school system 

is no longer contingent upon legislative approval, Judge Hooper's 

order provides that desegregation becin in 1961 whether or not the 

legislature acts. 

The May 9 order came as a result of a move by Legal Defense Fund 

avtorneys to put into effect as of September 1960, Atlanta's court 

approved desegregation plan which provides for grade-a-year desegrega- 

tion beginning with the twelfth grade, through the use of court- 

approved pupil assignment criteria. Consideration of race as a cri- 

terion has been specifically enjoined by the court and the reasons 

for assignment must be in writing. 

Implementation of the plan approved by the court in January, 1960 

was originally made contingent upon approval of the Georgia legisla- 

ture, which was then in session, by Judge Hooper. The Georgia 

legislature, however, adjourned without approving the plan and without 

repealing laws providing for the closing of desegregated schools and 

the withholding of funds from such schools. However, the legislature 

did appoint a committee of 19 Georgia citizens to hold hearings around 

the state to determine whether there should be a vote in Georgia on 

the school closing issue. 

immediately after the legislative session, Legal Defense attor- 

neys moved for implementation of the plan on the ground that the 



. eg r) @ 

205 

legislature had failed to act. Judge Hooper, on March 9, denied this 

motion on the ground that he would await the recommendation of the 

legislature's school committee, which was to be filed on or before 

May 1, 1960. In denying the motion at that time, he set a hearing on 

the motion for commencement of the plan for May 9, 1960. 

Judge Hooper, in postponing the start of integration until May, 

1961, ruled that he wants to give the newly elected Georgia legisla- 

ture a "last chance" to -prevent the tragedy of closed schools, but 

also sculed that the plan will go into effect in 1961 whether the 

legislature acts or not. 

Thurgood Marshall, chief NAACP Legal Defense counsel, and his 

assistant, Constance Baker Motley--one of the attorneys for the Negro 

children in Atlanta--believe that the Atlanta case, originally filed 

in January, 1958, is presently the most crucial school desegregation 

case since, in their opinion, desegregation in Atlanta will crack the 

"hard core" states. 

Legal Defense Fund attorneys representing the Negro school chil- 

dren are E. E. Moore, Jr., A. T. Walden and Donald L. Hollowell, all 

of Atlanta; Thurgood Marshall and Constance Baker Motley of New Yor« 

City. 
=.30=>