Boykins v. Fairfield Board of Education Record on Appeal

    NO. 23331

IN T H E

llmtpfli States GInart nf Apprala
FOR T H E  FIFT H  C IR C U IT

U N ITED  STA TES OF \M ER IC A
A ppellan t-1 ntervenor,

GEO RGE R O BER T  BOYKINS, as next friend of 
TYW ANNA FAYE BOYKINS, JA C K IE D. BOYKINS 

AND PA TRICIA  ANN BOYKINS, E T  AL.
vs.

FAIRFIELD  BOARD OF EDUCATION 
G. V IRG IL NUNN, as Superintendent of the 

Fairfield Board of Education, et al.,
Appellees.

APPEAL FROM T H E  D IST R IC T  C O U R T  OF T H E  
U N ITED  STA TES N O R TH ER N  D IST R IC T  

OF ALABAMA

M a u r ic e  F. B ish o p ,
Attorney at Law,
Frank Nelson Building, 
Birmingham, Alabama,

Attorney for Appellees.
N ich o la s deB. K a t z e n ba c h ,

Attorney General 
J o h n  D oar ,

Assistant Attorney General,
Washington, D. C.

M acon  L. W ea v er ,
United States Attorney 

D avid L. N o r m a n ,
Attorney, Department of Justice, '
Washington, D. C.

B ria n  K. L a ndsberg ,
Attorney, Department of Justice,
Washington, D. C.

St . J o h n  B a r r e t t ,
Attorney, Department of Justice,
Washington, D. C.

B I R M I N G H A M  P R I N T I N G  C O M P A N Y ----- 5 0  C O P I E S ------F E B R U A R Y ,  1 9 6 6



IN T H E

Inttpii 0tatrn Court of Appeals
FOR T H E  FIFTH  C IR C U IT

NO. 23331

U N ITED  STA TES OF AMERICA
Appellant-Intervenor,

GEORGE R O BER T BOYKINS, as next friend of 
TYW ANNA FAYE BOYKINS, JA CKIE D. BOYKINS 

AND PATRICIA ANN BOYKINS, E T  AL.
vs.

FAIRFIELD BOARD OF EDUCATION 
G. V IR G IL NUNN, as Superintendent of the 

Fairfield Board of Education, et al.,
Appellees.

APPEAL FROM T H E  D IST R IC T  C O U R T OF T H E  
U N ITED  STA TES N O R TH ER N  D IST R IC T  

OF ALABAMA 
SO U TH ERN  DIVISION

RECORD ON APPEAL

Received, U. S. Court of Appeals, January 19, 1966, 
New Orleans, La.

Filed, U. S. Court of Appeals, Jan. 19, 1966, Edward 
W. Wadsworth, Clerk.



2

SO U TH ERN  DIVISION DO CKET C.A. 65-499

T IT L E  OF CASE: George Robert Boykins; as next 
friend of Tywanna Faye Boykins, Jackie D. Boykins, 
Lydia C. Boykins and Patricia Ann Boykins; E T  AL. 
USA, by Nicholas deB. Katzenbach, Attorney General, 
Plaintiff-Intervenor, vs. Fairfield Board of Education, 
G. Virgil Nunn, as Superintendent of the Fairfield 
Board of Education, E T  AL.

BASIS OF A CTIO N: Action for preliminary injunction 
enjoining Fairfield Board of Education, its Members 
and Superintendent from continuing their policy, 
practice, custom & usage of discriminating against 
plaintiff’s and others similarly situated operating a 
biracial school system in violation of their Constitu­
tional rights.

ATTO RN EYS:

For Plaintiff: Orzell Billingsley, Jr., 1630 4th Ave., 
North, B’ham., Demetrius C. Newton, 408 North 17th St., 
B’ham., Norman C. Amaker and Jack Greenberg, 10 Co­
lumbus Circle, New York, N. Y. 10019.

For Defendant: Maurice Bishop, atty. for Frank B. 
Parsons; also, for other defts.

For Plaintiff-Intervenor: Nicholas deB. Katzenbach, 
Atty. Gen., John Doar, Asst. Atty. Gen., Macon L. Weaver, 
U. S. Attorney, David L. Norman, Atty., Dept, of Justice.

PLA IN TIFF ’S ACCOUNT:

July 21, 1965—Ck. Demetrius C. Newton, Received 
$15.00.

July 22, 1965—Cr 102411, Disbursed $15.00.

RECEIPTS, REMARKS, ETC.:



$38.40, $12.00, $9.48—JS  6 Prepared.

FILIN G S— PROCEEDINGS
DATE

1965

July 21 Complaint filed—Page . ..

July 21 Motion for preliminary injunction filed — 
Page . ..

July 21 Order setting for hearing on preliminary in­
junction before Hon. H. H. Grooms, in the 
United States District Court Room, Birming­
ham, Alabama, on August 3rd, 1965, at 1:30 
o’clock, p.m., filed and entered (Grooms)— 
Page . ..

July 21 Summons and complaint with copies of Motion 
for preliminary injunction and Order for 
hearing on preliminary injunction, attached, 
issued—-del. to U. S. Marshal for service.

July 21 Acceptance of service on behalf of Frank B.
Parsons, by his attorney, Maurice Bishop.

July 26 Summons and complaint, together, with motion 
for preliminary injunction and order for 
hearing on preliminary injunction, returned, 
executed on G. Virgil Nunn, as Superintend­
ent of Fairfield Board of Education, on July 
22, 1965, filed.

July 26 Summons and complaint, together with motion 
for preliminary injunction and order for 
hearing on preliminary injunction, returned, 
executed, as to William A. Whitson, as Chair­
man of the Fairfield Board of Education, on 
July 22, 1965, filed.



DATE
1965

July 26

July 26

July 26

July 26

July 30 

July 30

Summons and complaint, together with motion 
for preliminary injunction and order for 
hearing on preliminary injunction, returned, 
executed, as to C. J, Donald, as Member of 
the Fairfield Board of Education, on July 22, 
1965, filed.

Summons and complaint, together with motion 
for preliminary injunction and order for 
hearing on preliminary injunction, returned, 
executed, as to Joseph C. Gandy, as Member 
of the Fairfield Board of Education, on July 
22, 1965, filed.

Summons and complaint, together with motion 
for preliminary injunction and order for 
hearing on preliminary injunction, returned, 
executed, as to David J. MacKnight, as Mem­
ber of the Fairfield Board of Education, on 
July 22, 1965, filed.

Summons and complaint, together with motion 
for preliminary injunction and order for 
hearing on preliminary injunction, returned, 
executed, as to Mrs. Olis B. Payne, as Mem­
ber of the Fairfield Board of Education, on 
July 22, 1965, filed.

Motion of The United States, Applicant for 
Intervention in this case, for order shorten­
ing time, filed—Page . ..

Order on motion of The United States shorten­
ing time so that parties may be served no



DATE
1965

July 30 

July 30

July 30

July 30 

July 30

Aug. 2 

Aug. 2

5

later than July 30, 1965, filed and entered 
(Grooms)— Page . ..

Notice of The United States of America of 
motion and motion to intervene as a plaintiff, 
filed— Page . ..

Complaint of the United States of America in 
intervention filed—Certificate of the Attor­
ney General of the United States attached— 
Page . ..

Notice of the United States of America of 
motion and motion for preliminary injunc­
tion filed—Page . ..

Memorandum of authorities in support of the 
motion to intervene filed—Page . ..

Writ to serve certified copies of motion for 
order shortening time; order shortening time; 
notice of motion and motion to intervene as 
as plaintiff; complaint in intervention; notice 
of motion and motion for preliminary in­
junction and memorandum of authorities in 
support of motion to intervene, on Maurice 
H. Bishop, Attorney at Law, issued—del. to 
U. S. Marshall for service.

Answer of defendants (except Mrs. Olis B. 
Payne) separately and severally, to the com­
plaint herein, filed—copies served by coun­
sel— Page . ..

Writ to serve certified copies of motion for 
order shortening time; order shortening time;



DATE
1965

Aug. 6

Aug. 16

Aug. 16

6

notice of motion and motion to intervene as 
a plaintiff; complaint of intervention with 
certificate of the Attorney General of the 
United States attached; notice of motion 
and motion for preliminary injunction; and 
memorandum of authorities in support of 
motion to intervene, returned, executed on 
July 30, 1965, and filed.

Notice that plaintiff-intervenor, United States 
of America, by Nicholas deB. Katzenbach, 
Attorney General, will take the deposition 
of G. Virgil Nunn, Superintendent of the 
Fairfield Board of Education, Fairfield, Ala­
bama, on August 12, 1965, at 9:30 A. M., in 
Room 267 of the United States Post Of­
fice and Federal Building, Birmingham, Ala­
bama, filed—copies served by counsel.

Deposition of George Virgil Nunn taken at 
instance of plaintiff-intervenor, United States 
of America, with Exhibit “ 1” attached (Postal 
Map of City of Fairfield).

On hearing before the Hon. H. H. Grooms on 
preliminary injunction and by agreement for 
final injunction — Order allowing United 
States of America to intervene — Order to 
submit plan by August 20, 1965, and con­
tinued to August 20, 1965, at 9:00 A.M.

Objections of plaintiff to defendants’ plan for 
desegregation, filed—copy served by counsel 
—Page . ..

Aug. 18



7

DATE
1965

Aug. 19 

Aug. 19

Aug. 19

Aug. 20

Aug. 23

Objections of United States of America, plain- 
tiff-intervenor, to Plan for Desegregation, 
filed—copies served by counsel— Page . ..

Plan of defendants for desegregation of Fair- 
field School System operating under the 
supervision of Board of Education of the City 
of Fairfield, filed—copy served by counsel— 
Page . ..

Motion of defendants to consolidate this case 
"for further consideration” and hearing by 
the Chief Judge of this Court with the Jef­
ferson County Board of Education and the 
City of Bessemer Board of Education school 
cases to conform fully with the mandate of 
the United States Court of Appeals for the 
Fifth Circuit rendered August 17, 1965, filed 
—copy served by counsel—Page . ..

Hearing before Hon. H. H. Grooms on Objec­
tions to Plan for Desegregation—plaintiff’s 
testimony — intervenor’s testimony — argu­
ment of counsel— Motion of defendants to 
consolidate this action with Jefferson County 
and Bessemer school cases overruled—-Order 
sustaining objections to certain parts of the 
Plan and directing defendant to submit 
amended Plan in accordance with Court’s 
observations by August 23, 1965, at 10:30 
a.m.

Amended Plan of defendants for desegregation 
of Fairfield School System Operating under



DATE
1965

8

the supervision of Board of Education of the 
City of Fairfield filed pursuant to Order of 
Court in this cause, filed—copy served by 
counsel— Page . ..

Aug. 23 Order overruling objections of plaintiff and 
intervenor to the amended plan for desegre­
gation of the Fairfield School System operat­
ing under the supervision of the Board of 
Education of the City of Fairfield, Alabama, 
and APPROVING plan for desegregation, 
with copy of plan attached, filed — copies 
mailed attorneys—copy served by counsel on 
U. S. Attorney— Page . ..

Sept. 1 Motion of plaintiffs to require G. Virgil Nunn, 
Superintendent of Fairfield Public Schools 
to transfer or show cause why he should not 
accept the applications for transfer of Mr. 
and Mrs. Ernest McLin for their children, 
Edna F. McLin to grade 7, their son, Ernest 
McLin, to grade 10; Mr. and Mrs. John R. 
Cox for their son John Ricky Cox, Jr., for 
grade 7; Rev. and Mrs. Arthur Washington 
for their son, Arthur W. Washington for 
grade 12; Mr. and Mrs. Virgil Pearson for 
their child Rosemary C. Pearson, grade 12; 
Mr. and Mrs. Frank Phillips for their child, 
Brenda A. Overstreet, grade 8, and Mrs. Ida 
Lee Hardy for her son, Don Edward Sharpe, 
grade 7, and ORDER of Hon. H. H. Grooms 
setting for hearing on September 9, 1965,



DATE
1965

9

at 8:30 A.M., filed—copies mailed attorneys 
-—-Page . ..

Sept. 1 Writ to serve certified copy of Motion of plain­
tiffs to require G. Virgil Nunn, Superintend­
ent of Fairfield Public Schools to transfer or 
show cause why he should not accept the 
applications for transfer of students from 
each of their schools, and ORDER setting for 
hearing on September 9, 1965, at 8:30 A.M., 
on the Board of Education of Fairfield, Ala­
bama, and G. Virgil Nunn, Superintendent 
of the Board of Education of Fairfield, Ala­
bama, issued — del. to U. S. Marshal for 
service.

Sept. 2 Application of United States of America, plain- 
tiff-intervenor, for order to show cause why 
order should not issue (a) enjoining defend­
ants from applying to Negro applicants for 
admission to formerly all white schools stand­
ards and procedures different from or more 
stringent than those applied to white ap­
plicants presently attending such schools, and 
(b) ordering the defendants to grant forth­
with the applications of: Seventh Grade— 
Fairfield Junior High School, John Ricky 
Cox, Jr., Edna McLdn and Don Edward 
Sharpe; Eighth Grade —- Fairfield Junior 
High School, Brenda Overstreet; Tenth 
Grade—Fairfield Senior High School, Ernest 
McLin, Jr.; Twelfth Grade—Fairfield Senior 
High School, Rosemary Pearson and Arthur



10

Washington, with affidavits of Mrs. John R. 
Cox, Mr. Ernest McLin, and Mrs. Leola M. 
Pearson, attached, filed — Service accepted 
and further service is waived by Maurice 
Bishop, attorney for defendants—Page . ..

Sept. 2 Order for defendants to appear on September 
9, 1965, at 8:30 A.M., to show cause why this 
Court should not issue an Order enjoining 
defendants from applying to Negro appli­
cants for admission to formerly all white 
schools standards and procedures different 
from or more stringent than those applied to 
white applicants presently attending such 
schools, and ordering the defendants to grant 
forthwith the applications of: Seventh Grade 
—Fairfield Junior High School, John Ricky 
Cox, Jr., Edna McLin and Don Edward 
Sharpe; Eighth Grade — Fairfield Junior 
High School, Brenda Overstreet; Tenth 
Grade—Fairfield Senior High School, Ernest 
McLin, Jr.; Twelfth Grade—Fairfield Senior 
High School, Rosemary Pearson and Arthur 
Washington, filed and entered (Grooms)— 
service accepted and further service waived 
by Maurice Bishop, attorney for defendants 
—Page . ..

Sept. 7 Writ to Serve Certified copy of motion of plain­
tiffs to require G. Virgil Nunn, Supt. of Fair- 
field Public Schools to transfer students etc., 
and order setting for hearing Sept. 9, 1965 
at 8:30 A.M., returned executed 9-3-65 and 
filed.

Sept. 8 Findings of Fact and Conclusions of Law dated



D ATE
1965

11

Sept. 7, 1965, filed and entered (Grooms)— 
Page . ..

Sept. 8 Order Judgment pursuant to the Findings of 
Fact and Conclusions of Law, dated Sept. 7, 
1965, restraining and enjoining the defend­
ants, Fairfield Board of Education, a body 
corporate, the members of the Board, Wil­
liam A. Whitson, Frank B. Parson, C. J. Don­
ald, Joseph C. Gandy, David j .  MacKnight, 
Mrs. Olis B. Payne, and G. Virgil Nunn, 
Supt. of Schools of the Fairfield Board of Edu­
cation, their agents, servants, employees, suc­
cessors in office etc., from discriminating 
against the plaintiffs and those who are simi­
larly situated, because of their race or color, 
in seeking assignment, transfer or admission 
to the public schools of Fairfield, Alabama, 
pursuant to and under the amended plan of 
desegregation approved Aug. 23, 1965, or 
subjecting them to criteria, requirements, 
and prerequisites not required of white chil­
dren seeking assignment, transfer or admis­
sion to said schools, and retaining juris­
diction for such further order as may be 
required to effectuate the relief hereby 
granted, filed and entered (Grooms)—copies 
mailed attorneys—Page . ..

Sept. 9 Hearing before the Hon. H. H. Grooms on 
motion of plaintiffs in re rejected applica­
tions-—introduction of plaintiffs’ testim ony- 
order to be entered requiring admission of



DATE
1965

Sept. 15

Sept. 20

Sept. 20

12

Ed McLin, requiring new applications as to 
Rickey Cox, John Sharp, Brenda Overstreet, 
and Rose Mary Pearson, and sustaining Super­
intendent’s ruling as to Ernest McLinn and 
Arthur Washington, and also as to non-resi­
dent deft. Cynthia Hagler.

Motion of Plaintiffs to require G. Virgil Nunn, 
Supt. of Fairfield Schools to transfer Lorrain 
Jordan filed and Order thereon setting for 
hearing Sept. 20, 1965 at 9:00 A.M., filed 
(Grooms) —  cert, copy del. to Marshal for 
service on G. Virgil Nunn — returned un­
executed by order of Judge Grooms and 
filed 9-21-65 — see order 9-20-65 — Page . ..

Order that motion of plaintiffs to require G. 
Virgil Nunn, Supt. of Fairfield public schools 
to transfer certain students, filed Sept. 1, 
1965 and heard on Thursday, Sept. 9, 1965, 
is at present, moot as to students, John Rickey 
Cox, Jr., Edna McLin, Don Edward Sharpe, 
Brenda A. Overstreet and Rosemary C. Pear­
son, whose new applications have been ac­
cepted and transfers have been effected, and 
overruling said motion to Ernest McLin, Jr., 
Arthur W. Washington and Cynthia Hag­
ler, filed and entered (Grooms) — copies 
mailed attorneys — Page . ..

Order overruling plaintiffs’ motion to require 
G. Virgil Nunn, Supt. of Fairfield public 
schools to transfer the student Lorrain Jor­
dan, the said Lorrain Jordan having been



13

heretofore re-admitted to Fairfield Junior 
High School filed and entered (Grooms)— 
copies mailed attorneys—Page . ..

Oct. 22 Notice of Appeal by the United States of 
America, plaintiff-intervenor, from the order 
overruling objections and approving amend­
ed plan for desegregation of the Fairfield 
School System, entered herein on Aug. 23, 
1965, filed—cert, copies mailed attorneys of 
record herein—Page . ..

Order extending the time within which the 
record on appeal in this case may be filed 
and docketed with the U. S. Court of Ap­
peals, Fifth Circuit, to fifty days from the 1st 
day of December, 1965, filed and entered 
(Grooms) — copies mailed attorneys — certi­
fied copy mailed Clerk, U. S. Court of Ap­
peals, New Orleans, La.—Page . ..

1966
Jan. 18 Transcript of proceedings on Aug. 16, 1965 

filed by Court Reporter Meador.



14

IN T H E  U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E  N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

CIVIL ACTIO N  NO. CA 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
July 21, 1965, William E. Davis, Clerk, U. S. District Court. 
By M. Claire Parsons, Deputy Clerk.

GEO RGE R O BER T  BOYKINS 
3710 Terrace ‘G ’
Fairfield, Alabama 
as next friend of 
Tywanna Faye Boykins 
Jackie D. Boykins 
Lydia C. Boykins 

and
Patricia Ann Boykins

FRED D. CUMMINGS 
3926 Terrace ‘G’
Fairfield, Alabama 
as next friend of 
Deborah Ann Cummings

LaFA Y ETTE CLARK 
3931 Court G ’
Fairfield, Alabama 
as next friend of 
Janice Clark 

and
LaFayette Clark, Jr.



15

MARY JO  BROWN 
4000 Terrace G’
Fairfield, Alabama 
as next friend of 
Craneston Brown 

and
Claudia Jean Brown

L IL L IE  CRAWFORD 
3928 Terrace G’
Fairfield, Alabama 
as next friend of 
Helen Crawford

PERCY SC O TT 
3931 Court G’
Fairfield, Alabama 
as next friend of 
Maxine Scott 
Veronica Scott 
Christine Marita Scott 

and
Geraldine Scott

Plaintiffs,

vs.

FAIRFIELD BOARD OF EDUCATION
G. Virgil Nunn
5032 Parkway
Fairfield, Alabama
as Superintendent of the
Fairfield Board of Education



16

W ILLIAM  A. W HITSON 
909 Oakland Drive 
Fairfield, Alabama 
as Chairman of the 
Fairfield Board of Education

FRANK B. PARSON 
6513 Cherokee Drive 
Fairfield, Alabama

C. J. DONALD
4415 DeBardeleben Avenue 
Fairfield, Alabama

JOSEPH C. GANDY 
312 41st Street 
Fairfield, Alabama

DAVID J. M acKNIGHT 
436 Hillview Drive 
Fairfield, Alabama

MRS. OLIS B. PAYNE 
805 Valley Road Place 
Birmingham, Alabama 
as Members of the 
Fairfield Board of Education 

Defendants.

COM PLAINT

This is a proceeding for a preliminary and permanent 
injunction enjoining the Fairfield Board of Education and 
its Members and the Superintendent of the Fairfield Board 
of Education from continuing their policy, practice, custom 
and usage of discriminating against plaintiffs and others 
similarly situated by operating a compulsory biracial school 
system in Fairfield, Alabama in violation of rights secured



17

to the minor plaintiffs by the Constitution and Laws of the 
United States of America, as hereinafter more fully appears.

I

Jurisdiction of this court is invoked pursuant to 28 
U. S. ('... sec. 1343 (3), this being a suit in equity authorized 
by law, 42 U. S. C., sec. 1983, to be commenced by any 
Citizen of the United States or other persons within the 
jurisdiction thereof, to redress deprivation, under color of 
State law, statute, ordinance, regulation, custom, or usage, 
of rights, privileges and immunities secured by the Consti­
tution of the United States of America, specifically the 
Fourteenth Amendment, and by 42 U. S. C,, sec. 1981 pro­
viding for the equal rights of Citizens and all persons 
within the jurisdiction of the United States.

Jurisdiction is further invoked under Title VI of the 
Civil Rights Act of 1964, 42 U. S. C., 2000d.

II

This is a class action brought by the adult plaintiffs 
for the minor plaintiffs pursuant to Rule 17 (c) of the 
Federal Rules of Civil Procedure on behalf of themselves 
and other adults and minors similarly situated, pursuant 
to the provisions of Rule 23 (a) (3) of the Federal Rules 
of Civil Procedure.

The members of the class are adult Negro citizens 
and their minor children residing in Fairfield, Alabama. 
The members of the class on behalf of whom plaintiffs 
sue are so numerous as to make it impractical to bring 
them all individually before this court, but there are com­
mon questions of law and fact involved, common grievances 
arising out of common wrongs, and common relief is sought



18

for the plaintiffs and each member of the class. The plain­
tiffs adequately represent the interests of the class.

I ll

The plaintiffs are: George Robert Boykins, as next 
friend of Tywanna Faye Boykins, Jackie D. Boykins, Lydia
G. Boykins and Patricia Ann Boykins; Fred D. Cummings, 
as next friend of Deborah Ann Cummings; LaFayette Clark, 
as next friend of Janice Clark and LaFayette Clark, Jr.; 
Mary Jo  Brown, as next friend of Craneston Brown and 
Claudia Jean Brown; Lillie Crawford, as next friend of 
Helen Crawford; Percy Scott, as next friend of Maxine 
Scott, Veronica Scott, Christine Marita Scott, and Geraldine 
Scott, by their parents and next friends. The plaintiffs are 
members of the Negro race and are citizens of the United 
States residing at Fairfield, Alabama. The minor plaintiffs 
and other Negro citizens similarly situated are attending the 
public schools of Fairfield, Alabama which are under the 
jurisdiction, management and control of the Defendant 
Board.

IV

Defendant Fairfield Board of Education maintains, 
operates, and supervises the public schools of Fairfield, 
Alabama, under color of authority vested in it by the Con­
stitution and laws of the State of Alabama. Defendant Wil­
liam A. Whitson is Chairman of the Fairfield, Alabama 
Board of Education, Defendant G. Virgil Nunn, is Superin­
tendent of the Fairfield, Alabama Board of Education, and 
Defendants Frank B. Parson, C. J. Donald, Joseph Gandy, 
David MacKnight and Mrs. Olis B. Payne are members of 
the Fairfield, Alabama Board of Education. The Defendant 
G. Virgil Nunn, among other duties, executes the policies 
of the Defendant Fairfield, Alabama Board of Education.



19

V

The Defendant Board, acting under color of the au­
thority vested in it by the laws of the State of Alabama, 
has pursued and is presently pursuing a policy, custom, 
practice and usage of operating a dual public school system 
in Fairfield, Alabama on a basis that discriminates against 
plaintiffs and other Negroes similarly situated because of 
race and color in that:

(a) one system of schools is constructed, operated and 
maintained exclusively for white pupils.

(b) All Negro students under the jurisdiction of the 
Fairfield Board are initially assigned to schools limited ex­
clusively to Negro students—all white students under the 
jurisdiction of the Fairfield Board of Education, are as­
signed to schools limited exclusively to white students.

(c) Teachers, Principals, and other professional person­
nel are assigned to schools by the Defendant Board on the 
basis of race, with Negro personnel assigned only to Negro 
schools, and white personnel assigned only to White schools.

(d) A dual scheme or pattern of school zone lines or 
school attendance area lines based upon race and color is 
maintained by defendant Board.

(e) Extra-curricular school activities are limited to partici­
pation by Negro students only or by White students only.

(f) Defendant Board has in the past and is presently 
planning and undertaking Constitution of new school fa­
cilities, formulating a new school budget, and disburse­
ment of school funds on a racially segregated basis with 
the purpose and effect of maintaining a biracial school 
system in Fairfield, Alabama.



20

VI

Acting under color of the Alabama School Placement 
Law, Alabama Code, Title 52, section 61 (1)-(12), defendant 
Board has continued to maintain and operate a system of 
assigning school children in Fairfield, Alabama, on the 
basis of race, and has used the provisions of the statute 
to deny admission of Negro children to schools which they 
would attend if they were white.

Defendant Board has not employed the Alabama School 
Placement Law as a means of abolishing State imposed 
racial distinctions, nor has it offered to the plaintiffs and 
other Negro children by means of the School Placement 
Law, a genuine method for securing attendance at non- 
segregated public schools.

VII

The actions of the defendants herein alleged, are in 
violation of the plaintiffs’ rights and of the rights of other 
Negroes similarly situated which rights are secured by the 
due process and equal protection clauses of the Fourteenth 
Amendment to the United States Constitution, 42 U. S. C. 
sec. 1981, and the Civil Rights Act of 1964, 42 U. S. C. 
sec. 2000.

VIII

The plaintiffs, and those similarly situated, suffer and 
are continuing to suffer irreparable injury and occasional 
damage, vexation and inconvenience to the plaintiffs and 
those similarly situated.

Wherefore, plaintiff respectfully prays that the Court 
advance this cause on the docket and order a speedy hear­
ing of this action according to law, and, after such hearing, 
enter a preliminary and permanent decree enjoining the



21

defendants, their agents, employees, successors, and all 
persons in active concert and participation with them:

(1) From refusing to permit plaintiffs and members 
of the class to transfer during the first semester of the 
1965-66 school year to schools which they would attend 
if they were white.

(2) From operating a biracial school system in Fairfield, 
Alabama.

(3) From assigning student to schools of Fairfield, 
Alabama on a basis of race and color.

(4) From subjecting Negro children seeking assign­
ment, transfer, or admission, to criteria, requirements and 
prerequisites not required of white pupils seeking assign­
ment, transfer or admission to the schools of Fairfield, 
Alabama.

(5) From assigning teachers, principals, and other pro­
fessional school personnel to the schools of Fairfield, Ala­
bama on the basis of race and color.

(6) From programming and supporting extra-curricu­
lar school activities which are limited solely to members 
of one race or the other.

(7) From undertaking any new construction planning 
and approving school budgets, and disbursing funds on a 
racial basis.

In the alternative, plaintiffs pray that this court enter 
a decree directing the defendant Board to present a com­
plete plan for the reorganization of the school system of 
Fairfield, Alabama into a unitary, non-racial system by the 
creation of non-racial geographic zone or attendance areas 
for all grades in the system pursuant to which children, 
both Negro and white, would be assigned to the school



22

closest to their residence as a matter of right, including a 
plan for the assignment of pupils on a non-racial basis, the 
assignment of teachers, principals, and other school person­
nel on a non-racial basis, and the elimination of any other 
discrimination in the operation of the school system based 
solely on race and color.

Plaintiffs pray that this court will order and decree 
complete desegregation of all grades in all public schools 
in the Fairfield, Alabama school system immediately and 
forthwith, including pupils, teachers, professional person­
nel, and all other areas of activity in the public school 
system of Fairfield, Alabama.

Plaintiffs pray that should this court direct the defend­
ants to produce a plan for desegregation of the Fairfield, 
Alabama school system, that this court will retain juris­
diction of this case pending approval and full implementa­
tion of defendants’ plan.

The Plaintiffs pray that this Court will allow them 
their costs herein, reasonable counsel fees, and grant such 
other, further, additional, or alternative relief as may ap­
pear to the court to be equitable and just.

Orzell Billingsley, Jr. [Sig.] 
O r z e l l  B il l in g sl e y , J r .
1630 4th Avenue, North 
Birmingham, Alabama 
Demetrius C. Newton [Sig.] 
D e m e t r iu s  C. N ew to n  
408 North 17th Street 
Birmingham, Alabama 
N o rm a n  C. A m a k er  
J a c k  G r e e n b er g  
10 Columbus Circle 
New York, New York 10019



23

July 21, 1965. As a member of the Fairfield Board of 
Edu., Service is accepted on behalf of Frank B. Parson of 
the Complaint and Motion for Preliminary Injunction 
and no other service required as to this defendant.

Maurice F. Bishop [Sig.]
As Attorney for said named 
defendant



24

IN T H E  U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T  BOYKINS, et al„
Plaintiffs,

vs.
T H E  BOARD OF EDUCATION OF 
T H E  CITY OF FAIRFIELD , et al„

Defendants,

U N ITED  STA TES OF AMERICA, by 
NICHOLAS deB. KATZENBACH, 
Attorney General of the United States, 

Applicant for Intervention.

CIVIL
ACTION
No. 65-499

N O TIC E OF M OTION AND M OTION TO  
IN TERV EN E AS A PLA IN TIFF

Filed in Clerk’s Office, Northern District of Alabama, 
July 30, 1965. William E. Davis, Clerk, U. S. District Court. 
By M. Claire Parsons, Deputy Clerk.

TO  A LL PARTIES AND TO  A LL A TTO RN EYS 
OF RECORD:

PLEASE TA KE NO TICE that on August 3, 1965 
at 1:30 p.m., or as soon thereafter as counsel may be heard, 
in the courtroom of the United States District Court for 
the Northern District of Alabama, United States Post Office 
Building, Birmingham, Alabama, the United States, pur­
suant to Section 902 of the Civil Rights Act of 1964 and 
Rule 24(b) of the Federal Rules of Civil Procedure, will 
move this Court to intervene as a plaintiff in this action



25

and to file a Complaint, in Intervention which is attached 
hereto.

A Certificate executed by the Attorney General of 
the United States pursuant to Section 902 of the Civil 
Rights Act of 1964 is also attached hereto.

Nicholas deB. Katzenbach [Sig.] 
N ich o la s d eB. K a tzen ba ch  
A ttorney General 
John Doar/D.L.N. [Sig.]
J ohn  D qar

Assistant Attorney General 
Macon L. Weaver [Sig.]
M acon  L. W ea v er  
United States Attorney 
David L. Norman [Sig.]
D avid L, N o rm an

Attorney, Department of Justice



26

IN T H E  U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T  BOYKINS, et al„
Plaintiffs,

U N ITED  STA TES OF AMERICA, by 
NICHOLAS deB. KATZENBACH, 
Attorney General of the United States, 

Plaint iff-I n t erven or,

vs.
T H E  BOARD OF EDUCATION OF 
T H E  CITY OF FAIRFIELD, et ah,

Defendants.

CIVIL 
ACTIO N 
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
July 30, 1965. William E. Davis, Clerk, U. S. District Court. 
By M. Claire Parsons, Deputy Clerk.

CO M PLAINT IN IN TERV EN TIO N

The United States, as intervenor, alleges as a claim 
against the defendants:

L This is a complaint in intervention filed by the 
United States under Section 902 of the Civil Rights Act 
of 1964 (78 Stat. 241, 266-267).

2. On July 21, 1965, the plaintiffs filed their com­
plaint in this case under 42 U.S.C. 1983 seeking injunctive 
relief against alleged conduct of the defendants denying 
them the equal protection of the laws on account of race 
or color, in violation of the Fourteenth Amendment to 
the United States Constitution and 42 U.S.C. 1981.



27

3. The Attorney General has certified that this case 
is of general public importance and his certificate is at­
tached to this complaint in intervention.

4. The plaintiffs herein are Negro citizens of the 
United States who presently reside in Fairfield, Alabama 
and are presently enrolled in or eligible to attend Fairfield 
public schools.

5. Defendants are the City of Fairfield Board of Edu­
cation, its members, and the Superintendent of the Fair- 
field public school sytem. The defendants are charged by 
Alabama law with the responsibility of operating the public 
school system in the City of Fairfield.

6. In operating the public school system of the City 
of Fairfield, the defendants maintain a dual set of schools 
in which one set of schools is maintained for Negro stu­
dents and another set for white students.

7. The schools maintained by the defendants for Negro 
students are staffed by teachers and administrative per­
sonnel who are Negro. The schools maintained by the 
defendants for white students are staffed by teachers and 
administrative personnel who are not Negro.

8. In the schools maintained for Negro students, the de­
fendants offer educational opportunities and facilities infe­
rior to those provided in the schools maintained for white 
students.

W HEREFORE, the plaintiff-intervenor prays that this 
court enter an order enjoining the defendants, together 
with their agents, employees, successors and all those in 
active concert or participation with them, from maintaining 
a dual system of schools based upon race or color, from fail­
ing to offer and provide equal educational opportunities to 
all students in all schools without regard to their race or



28

color, and from otherwise maintaining in the operation of 
the Fairfield schools any distinctions based upon race or 
color.

Plaintiff-intervenor further prays that this Court grant 
such additional relief as the needs of justice may require, 
including the costs and disbursements of this action.

Nicholas deB. Katzenbach [Sig.] 
N ic h o la s  deB. K a tzen ba ch  

Attorney General

John Doar/D.L.N. [Sig.]
J o h n  D oar

Assistant Attorney General

Macon L. Weaver [Sig.]
M acon  L. W ea v er  

United States Attorney

David L. Norman [Sig.]
D avid L. N o rm a n

Attorney, Department of Justice

C ER TIFIC A TE OF T H E  A TTO R N EY  G EN ERAL OF 
T H E  U N ITED  STA TES

NICHOLAS deB. KATZENBACH, Attorney General 
of the United States, certifies that the case of George Robert 
Boykins, et a l ,  v. The Board of Education of the City of 
Fairfield, et al., Civil Action No. 65-499 which has been 
commenced in the United States District Court for the 
Northern District of Alabama, Southern Division, seeking 
relief from the denial of the equal protection of the laws 
based on race or color, is of general public importance



29

within the meaning of Section 902 of the Civil Rights Act 
of 1964.

Signed this 29 day of July, 1965.

Nicholas deB. Katzenbach [Sig.] 
N ich o la s deB. K a tzen ba ch  
Attorney General.



30

IN T H E U N ITED  STA TES D IST R IC T  C O U R T  FOR 
T H E  N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEO RGE R O BER T BOYKINS 
as next friend, etc. 
et al.

vs.
Plaintiffs

FA IRFIELD  BOARD OF EDUCATION 
et al.

Defendants

CIVIL 
ACTIO N 
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
August 2, 1965, William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

ANSW ER TO  CO M PLAINT

Now come the defendants named in the above-entitled 
cause (except Mrs. Olis B. Payne who is filing a separate 
motion contemporaneously herewith) separately and sever­
ally, and, for answer to the complaint heretofore filed and 
pending in this cause, separately and severally state as fol­
lows:

1. Defendants deny that the plaintiffs are entitled to 
bring or prosecute this suit under the statutes cited.

2. Defendants deny that this is a proper class action, 
and deny that the plaintiffs are representatives of any class, 
and further deny that plaintiffs have sustained any griev­
ances or violations of civil rights.



31

3. Defendants deny the allegations of paragraph III of 
the complaint.

4. Defendants admit the allegations of paragraph IV 
of the complaint except that William A. Whitson is not 
Chairman, but is a member of the Board of Education of 
the City of Fairfield, Alabama, and the defendant David J. 
MacKnight is Chairman of said Board, and Mrs. Olis B. 
Payne is not a member of said Board of Education and 
should be stricken from this action.

5. Defendants deny that there has been any discrimi­
nation against plaintiffs, and deny that plaintiffs are prop­
erly representatives of any class, and defendants further 
deny that there has been any discrimination against “other 
Negroes similarly situated because of race or color.”

(a) Defendants admit the allegations of paragraph V(a).

(b) Defendants admit the allegations of paragraph V(b).

(c) Defendants deny the allegations of paragraph V(c).

(d) Defendants deny the allegations of paragraph V(d).

(e) Defendants admit the allegations of paragraph V(e).

(f) Defendants deny the allegations of paragraph V(f).

6. Defendants deny the allegations of paragraph VI 
and affirmatively aver that they have received no applica­
tion from or on behalf of any colored student to transfer to 
any school the majority of the students of which are white, 
and that they have received no application by or on behalf 
of any white student to attend any school in the Fairfield 
School System, the majority of which students are colored. 
The defendants further and specifically deny all of the alle­
gations of paragraph VI.

7. Defendants deny the allegations of paragraph VII.



32

8. Defendants deny the allegations of paragraph VIII.

W HEREFORE, defendants, separately and severally, 
move that this cause be dismissed; that the relief prayed for 
be denied, and that the costs incurred be taxed against the 
plaintiffs.

Maurice F. Bishop [Sig.] 
Attorney for defendants

M a u r ice  F. B ish o p

327 Frank Nelson Building
Birmingham, Alabama 35203

ST A T E OF ALABAMA 
CO U NTY OF JEFFERSO N

Before me, the undersigned authority in and for said 
State and County, personally appeared G. V IRG IL NUNN 
as Superintendent of the Board of Education of the City of 
Fairfield, Alabama, who is known to me and, being by me 
first duly sworn, deposes and on oath states that he is au­
thorized to make this affidavit on behalf of each and all of 
the defendants, separately and severally, that he has personal 
knowledge of the facts set out above, and that the same are 
true.

G. Virgil Nunn [Sig.]

(SEAL)
Sworn and subscribed before me this 24th day of July 

1965.

Helen Scott [Sig.]
Notary Public
Jefferson County, Alabama
My Commission Expires July 3,

1966.



33

C ER T IFIC A TE OF SERVICE

I hereby certify that I have served a copy of the above 
and foregoing Answer to Complaint on attorneys for plain­
tiffs on this the 24th day of July, 1965.

Maurice F. Bishop [Sig.]

C ER T IFIC A TE OF SERVICE

I hereby certify that I have served a copy of the above 
and foregoing Answer to Complaint on the Office of the 
United States District Attorney on this the 30th day of July, 
1965.

Maurice F. Bishop [Sig.]



34

IN T H E U N ITED  STA TES D ISTR IC T  C O U R T FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O B E R T  BOYKINS, 
as next friend of 
TYW ANNA FAYE BOYKINS, 
et al.,

Plaintiff,
vs.

FAIRFIELD  BOARD OF EDUCATION, 
et al.,

Defendants.

CIVIL 
ACTION 
No. 65-499

Filed in ,Clerk’s Office, Northern District of Alabama, 
August 18, 1965, William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

P LA IN T IFF ’S O BJEC TIO N  TO  DEFENDANTS’ 
PLAN FOR DESEGREGATIO N

1. Defendants’ plan requires Negro children and their par­
ents or guardians to apply for transfer from “Negro” to 
“white” schools “in accordance with existing regulations” 
which place onerous and burdensome requirements on Ne­
gro children and their parents or guardians. The plan con­
templates a screening process with Negro children having 
to “pass muster” to enter white schools from the Negro 
school that the dual system has put them in. Thus the duty 
to desegregate that is on the defendants is avoided and has 
instead been shifted to Negro children and their parents or 
guardians.



35

2. What the plan proposes with respect to the first grade is 
particularly objectionable since Negro children are first re­
quired to register at “Negro” schools and then apply to at­
tend white schools. Hence, there is a complete absence of 
nondiscriminatory initial assignment which can only be ac­
complished by assigning children, Negro and white, to the 
schools nearest their homes on the basis of fairly drawn uni­
tary nonracial geographic zones.

3. The plan does not provide for abolition of the dual sys­
tem since there are no provisions for coalescence of the pres­
ent dual zones based on race into single zones based only 
on such factors as population, capacity, geography, resi­
dence, etc.

4. The plan proposes nothing with respect to desegregation 
of adult teaching and supervisory personnel.

5. The plan fails to provide for the desegregation of the 
racially based dual system of busing Negro and white chil­
dren to school nor does it take into account the effect of the 
transportation pattern on the system of dual zoning and does 
not purport to abolish either.

6. Defendants’ plan, by failing to propose destruction of the 
dual system by coalescence of the dual zones, permits ex­
cessive overcrowding in the Negro schools as compared with 
the white schools to continue.

7. Defendants’ plan, by failing to propose destruction of the 
dual system by coalescence of the dual zones, fosters contin­
uing discrimination in regard to the proposed plans for 
school construction.

8. Defendants’ plan, by failing to propose destruction of the 
dual system by the coalescence of the dual zones, continue 
in effect the unnecessary financial burden borne by both



36

races but which falls more heavily on Negro parents, that is 
the result of operating a dual system of schools.

9. Defendants do not in their plan, justify the proposed de­
lay in completing the desegregation process.

10. Defendants’ plan on its face excludes six (6) of the minor 
plaintiffs in the case.

11. The notice as suggested by defendants’ plan is inade­
quate and plaintiffs suggest that individual letters be sent 
to parents of children covered by the plan as finally ap­
proved.

12. Defendants’ plan excludes for the most part the transfer 
of students now attending Interurban Heights junior High 
School the most appalling of all the Negro schools.

Demetrius C. Newton [Sig.] 
D e m e t r iu s  C. N ew to n  
408 North 17th Street 
Birmingham, Alabama

O r z e l l  B il l in g sl e y , J r .
1630 4th Avenue North 
Birmingham, Alabama

N o rm a n  C. A m a k e r  
J a c k  G r e e n b e r g  
10 Columbus Circle 
New York, New York 10019 

Attorneys for Plaintiffs.

C ER T IFIC A TE OF SERVICE

This will certify that on this eighteenth (18th) day of 
August, 1965, I served a copy of the foregoing Plaintiffs’ 
Objections to Defendants’ Plan for Desegregation upon



37

Maurice F. Bishop, Esq., Bishop & Carlton, 327 Frank Nel­
son Building, Birmingham, Alabama 35203, attorney for 
the defendants, by mailing a copy to him by United States 
Mail, postage prepaid.

Demetrius C. Newton [Sig.] 
D e m e t r iu s  C . N ew to n  

Attorney for Plaintiffs.



38

IN T H E  U N ITED  STA TES D IST R IC T  C O U R T  FOR 
T H E  N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEO RGE R O BER T  BOYKINS, et al.,
Plaintiffs,

U N ITED  STA TES OF AMERICA, by 
Nicholas deB. Katzenbach,
Attorney General,

Plaintiff -Intervenor,

v.
T H E  BOARD OF EDUCATION OF 
T H E  CITY OF FAIRFIELD , et al.,

Defendants.

CIVIL
ACTION
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
August 19, 1965, William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

O BJEC TIO N S TO  PLAN FOR DESEGREGATIO N

The United States, plaintiff-intervenor, objects to the 
proposed plan for desegregation of the school system of the 
City of Fairfield submitted by the defendants pursuant to 
this Court’s order of August 16, 1965, on the following 
grounds:

1. The proposed plan provides for an inadequate rate 
of desegregation.

a. The proposed plan does not provide for the deseg­
regation of each grade in the Fairfield school system by Sep­
tember 1965.



39

b. The proposed plan fails to provide for the “feed­
ing” of students to the next school level without regard to 
race.

c. The proposed plan fails to provide for initial as­
signment to all grades without regard to race, with respect 
to students newly enrolling in the school system.

d. The proposed plan fails to provide for the deseg­
regation of the first grade of junior high school in the first 
year.

e. The proposed plan makes no provision for the en­
rollment, in schools attended by white students, of Negro 
students who attend schools offering inferior educational 
opportunities.

f. No provision is made for the enrollment of Negro 
students, in schools attended by white students, for the pur­
pose of taking any course of study not offered in the school 
or schools attended by the Negro students.

2. The scope of the proposed plan for desegregation 
fails to meet the requirements of a good faith start toward 
desegregation.

a. The proposed plan perpetuates the original racial 
assignment of Negro children and imposes upon their par­
ents the burden of obtaining transfer to schools in which 
white children are automatically enrolled without a re­
quirement of transfer.

b. The proposed plan fails to provide for initial non- 
racial assignment of all first graders who do not exercise 
their choice of school or who cannot be enrolled in the 
school of their choice because it is filled to capacity.

c. The proposed plan fails to provide for the use of 
non-racial criteria as a basis for assignment if the number of



40

students who choose to attend a school exceeds the school’s 
capacity.

d. The proposed plan fails to provide for the aboli­
tion of the dual attendance zones based on race as to each 
grade to which the plan will apply, or in any way provide for 
the ultimate elimination of dual attendance zones.

e. The proposed plan fails to provide for the deseg­
regation and non-discriminatory hiring, placing, and reten­
tion of teachers and administrative personnel.

3. The proposed plan is procedurally inadequate.

a. The time limit within which Negroes may apply 
for transfer for the school years of 1966-67 and 1967-68 is 
unreasonably short.

b. The proposed plan fails to fix a reasonable limit 
on the time within which applications for transfer must be 
acted upon.

c. The notice to parents required by the proposed 
plan does not state simply and clearly, in terms understand­
able by laymen, the procedures for desegregation; nor does 
the plan provide for each parent to be notified individually 
of its provisions.

d. The notice to parents required by the proposed 
plan fails to include an assurance that school personnel will 
neither favor nor penalize any pupil because of the choice 
he makes in the exercise of his rights under the plan.

e. The proposed plan fails to provide for notice to be 
given parents concerning procedures for desegregation for 
the school years of 1966-67 and 1967-68.

f. The proposed plan requires Negroes entering the 
first grade to go to Negro elementary school', and white chil-



41

dren entering the first grade to go to white elementary 
schools in the vicinity of their residence to make application 
for assignment to another school.

These objections are based upon the pleadings, papers, 
and other documents heretofore filed in this case, and upon 
the testimony and other evidence to be offered by plaintiff- 
intervenor at the hearing upon these objections.

Macon L. Weaver [Sig.] 
M acon  L. W ea ver  
United States Attorney 
Brian K. Landsberg [Sig.] 
B ria n  K . L a ndsberg  
A ttorney,
Department of Justice



42

IN T H E  U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E  N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEO RGE R O BER T BOYKINS, et al„
Plaintiffs,

U N ITED  STA TES OF AMERICA, by 
Nicholas deB. Katzenbach,
Attorney General,

Plaintiff-Intervenor,
v.

T H E  BOARD OF EDUCATION OF 
T H E  CITY OF FAIRFIELD , et al„

Defendants.

CIVIL 
ACTIO N  
No. 65-499

MEMORANDUM OF PO INTS AND A U T H O R IT IES 
IN SU PPO RT OF O BJEC TIO N S TO  PLAN 

FOR DESEGREGATIO N

I

The plan lor desegregation submitted by the defend­
ants fails to conform with the national policy enunciated in 
the General Statement of Policies Under Title VI of the 
Civil Rights Act of 1964 Respecting Desegregation of Ele­
mentary and Secondary Schools of the United States Depart­
ment of Health, Education and Welfare. The Court of Ap­
peals, in Price v. The Denison Independent School District 
Board of Education, No. 21,632 (5th Cir. July 2, 1965), 
held that “ the applicable standard is essentially the HEW 
standard for 1965-66. . . See also Singleton v. Jackson M u­
nicipal Separate School District, No. 22,527 (5th Cir. June 
22, 1965). And in United States v. Jefferson County Board



43

of Education, No. 22,864 (5th Cir. August 17, 1965) the 
Court rejected a plan identical in all material respects to 
the proposed Fairfield plan. While the Price and Singleton 
opinions could have been read to apply only to the rate of 
desegregation, the Jefferson County case makes it clear that 
the manner of desegregation must also follow the HEW 
Guidelines. The proposed Fairfield plan fails to satisfy the 
requirements of the Singleton, Price, and Jefferson County 
cases, as elucidated by the Guidelines, in the following re­
spects:1

A. The proposed plan provides for the perpetuation of 
assignment of students according to their race (1) by requir­
ing Negro first graders-to-be to report to Negro schools on 
the first day of school; (2) by requiring students who do not 
apply for transfer to attend the school to which they were 
assigned on a segregated basis. Goss v. Board of Education 
of Knoxville, Tejinessee, 373 U.S. 683 (1963); Bush v. Or­
leans Parish School Board, 308 F.2d 491 (5th Cir. 1962). 
The burden to desegregate the school system is on the school 
authorities and should not be permitted to be imposed upon 
the class of persons against whom the school authorities have 
been discriminating. See Stell v. Savannah-Chatham County 
Board of Education, 333 F.2d 55 (5th Cir. 1964); North- 
cross v. Board of Education of Memphis, 302 F.2d 818 at 823 
(5th Cir. 1962). The proposed plan shifts the burden on 
Negroes to apply for transfer to schools to which white stu­
dents are assigned without being required to apply for trans­
fer. If the school board desires to change from geographic 
zoning of schools to a freedom of choice plan it must permit 
all students to make a choice, or it must assign on a non- 
racial basis those students who fail to make a choice.

iWhere applicable, other cases are also cited in this Memorandum. However, 
the above-cited cases are relevant to each objection discussed in this section of the 
Memorandum.



44

B. The proposed plan fails to provide for non-racial 
initial assignment as to students entering the lowest grade 
of the primary, junior high school and senior high school 
levels and as to students who newly enroll in the Fairfield 
school system whether or not they enroll in a grade covered 
by the plan. See Bevins v. Board of Public Education & Or-

, phanage for Bibb County, Georgia, 342 F.2d 229 at 231 (5th 
Cir. 1965).

C. The proposed plan should, but does not, provide 
for any pupil attending a school to which he was originally 
assigned on the basis of his race to enroll in another school 
in order to take a course of study for which he is qualified 
and which is not available in the school he is attending, 
whether or not the grade he is attending has been reached 
by the plan. See Sweatt v. Painter, 339 U.S. 629 (1950); Mis­
souri ex rel. Gaines v. Canada, 305 U.S. 337 (1938); Boyce v. 
County Board of Education of Humphreys County, Ten­
nessee, 7 R .R.L.R. 372 (M.D. Tenn. 1961).

D. The proposed plan fails to meet a basic requirement 
for any plan for desegregation, i.e., the abolition of dual 
or separate attendance zones based on race as to each grade 
to which the plan becomes applicable. Bivins v. Board of 
Public Education & Orphanage for Bibb County, Georgia, 
342 F.2d 229 at 231 (5th Cir. 1965).

E. All desegregation plans must provide for the deseg­
regation of faculty and staff in two respects.

1. The race or color of the pupils in a school or class 
should not be a factor in the assignment of a 
teacher to that school or class or for the assign­
ment of administrative personnel. Board of Pub­
lic Instruction of Duval County, Florida v. Brax­
ton, 326 F.2d 616 (5th Cir. 1964).



45

2. In order to correct past practices of discrimina­
tory hiring and placing of teachers some provi­
sion should be made to re-assign those members 
of faculty and staff who were originally assigned 
on the basis of their race or the race of the stu­
dents in the school to which they were assigned. 
Taylor v. Board of Education of City School Dis­
trict of New Rochelle, 191 F. Supp. 181, 186 
(E.D. N.Y. 1961) Aff’d F.2d 36 (2nd Cir. 1961).

The proposed plan contains no provision respecting deseg­
regation of faculty and staff.

F. The notice to parents required by the proposed plan 
is in legal language which may not be readily understood by 
laymen. The notice should be stated in clear and simple 
terms so as to bring home to Negro students, notice of the 
rights to be accorded them. Stell v. Savannah-Chatham 
County Board of Education, supra.

Moreover, the notice should be sent to each parent in­
dividually in addition to its publication in newspapers of 
general circulation.

T o fully apprise students and their parents of their 
freedom to exercise their rights, the notice should also in­
clude an assurance that school personnel will neither favor 
nor penalize any pupil because of the choice he makes in the 
exercise of his rights under the plan.

II

A. The proposed plan fails to provide for the desegre­
gation of the entire Fairfield school system by September 
1965.

1. Delay in desegregation must be justified by a 
showing by the defendants of administrative diffi-



46

culties. Brown v. Board of Education of Topeka, 
349 U.S. 294 (1955); Goss v. Board of Education 
of the City of Knoxville, Tennessee, 373 U.S. 683 
(1963). No such administrative difficulties are 
alleged by the defendants to justify the delay em­
bodied in their plan. The plan is therefore defi­
cient in failing to provide for the desegregation 
of each grade in the Fairfield school system by 
September 1965.

2. Plaintiff-intervenor will establish at the hearing 
on these objections that Negroes in Fairfield 
have been and are provided with educational op­
portunities and facilities which are inferior to 
those provided white students. In such circum­
stances the Court should require desegregation 
of every grade by the beginning of the next 
school school year. Boyce v. County Board of Ed­
ucation of Humphreys County, Tennessee, 7 
R .R .L.R . 372 (M.D. Tenn. 1961).

B. The time limit for transfer from the Negro to the 
white school system cannot differ from the time limit for 
transfers within each system. Plaintiff-intervenor will estab­
lish at the hearing on these objections that for the 1964-65 
school year the defendants allowed transfers within the sys­
tem during the spring and summer of 1964. The defend­
ants, therefore, should not be allowed to limit applications 
for transfer in 1966-67 and 1967-68 to a two-week period in 
May of each year.

C. The proposed plan does not clearly define the time 
within which applications for transfer will be acted upon. 
The vague terms “promptly” and “in time” are not clear 
enough to prevent unnecessary delay.



47

Undue delay has been prohibited in Armstrong v. 
Board, of Education of Birmingham, 333 F.2d 45 at 52 (5th 
Cir. 1964) where the Court said:

“Applicants will not be required to submit to 
undue delay in the consideration of their ap­
plications. . .

Macon L. Weaver [Sig.]
M acon  L .W ea v er  
United States Attorney 
Brian K. Landsberg [Sig.]
B ria n  K. L andsberg  
Attorney,
United States Department of Justice

C ER TIFIC A TE OF SERVICE

I hereby certify that I have served the foregoing Ob­
jections to Plan for Desegregation and Memorandum of 
Points and Authorities in Support of Objections to Plan for 
Desegregation, by personally delivering a copy of each of 
the above documents to the law office of Maurice F. Bishop, 
Bishop and Carlton, Attorneys-at-Law, 325-29 Frank Nelson 
Building, Birmingham, Alabama, Attorney for defendants, 
and Demetrius C. Newton, 408 North 17th Street, Birming­
ham, Alabama, attorney for plaintiffs, on this 19th day of 
August, 1965.

James W. Phillips [Sig.]
J a m es  W. P h il l ip s

Attorney for Plaintiff-Intervenor



48

IN T H E  U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T BOYKINS as 
next friend, etc., et al.,

Plaintiffs, 
v.

FAIRFIELD BOARD OF EDUCATION, 
et al.,

Defendants.

CIVIL
ACTIO N
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
August 19, 1965, William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

PLAN FOR DESEGREGATIO N OF 
FAIRFIELD SCHOOL SYSTEM 

O PERA TING  UN D ER T H E SUPERVISION OF 
BOARD OF EDUCATION OF 

T H E CITY OF FAIRFIELD 
FILED PU RSU A N T TO  ORDER OF CO U RT 

IN T H IS CAUSE

Now come the defendants in the above-entitled cause 
pursuant to order of this court entered herein to file and 
submit to this Court for approval a plan for desegregation of 
the Fairfield School System operating under the supervision 
of the Board of Education of the City of Fairfield, Alabama.

The defendants do not consent or agree to said plan,



49

but submit same for approval by the Court as directed and 
ordered. Said plan is attached hereto and made a part hereof.

B ish o p  & C a rlto n

327 Frank Nelson Building
Birmingham, Alabama 35203

Maurice F. Bishop [Sig.]
Attorney for Defendants

C ER TIFIC A TE OF SERVICE

I hereby certify that a copy of the foregoing plan has 
been served upon counsel for the plaintiffs by first-class 
mail, postage prepaid, on this, the 17th day of August, 1965.

Maurice F. Bishop [Sig.]

PLAN FOR DESEGREGATIO N OF T H E 
SCHOOL SYSTEM O PERA TING  U N D ER T H E 

SUPERVISION OF T H E BOARD OF EDUCATION OF 
T H E CITY OF FAIRFIELD, ALABAMA

The Board of Education of the City of Fairfield, Ala­
bama (City Board) proposes the following plan, pursuant to 
order of Court:

1. All applications filed in accordance with existing 
regulations of the Board on or before August 30, 1965, for 
assignment or transfer for the 9th, 11th and 12th grades to 
a school hertofore attended only by pupils of a race other 
than the race of pupils in whose behalf the applications are 
filed, will be processed and determined by the Board pur­
suant to its regulations as far as is practicable, so that a de­
cision may be made for either approval or rejection of such 
applications for the term commencing in September, 1965, 
without discrimination as to race or color.



50

2. Negro children entering the first grade in the sys­
tem of the City Board will report on the 1st day of Septem­
ber, 1965, at the school named below which is in the vicinity 
of the child’s residence at the time. Upon such registration, 
an application may be made by the parents for the child’s 
assignment to any school (whether formerly attended only, 
or predominantly, by White children, or only by Negro 
children): Englewood or Robinson.

White children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the 
vicinity of the child’s residence at the time. Upon such regis­
tration an application may be made by the parents for the 
child’s assignment to any school (whether formerly attended 
only, or predominantly, by White children, or only by Ne­
gro children): Donald, Forest Hills, and Glen Oaks.

All applications for assignment in behalf of children 
entering the first grade, Negro or White, will be acted upon 
promptly.

3. (a) Applications filed in accordance with existing 
regulations of the Board on or before August 30, 1965, for 
assignment or transfer for the 9th, 11th, and 12th grades to 
a school heretofore attended only by pupils of a race other 
than the race of the pupils in whose behalf the applications 
are filed, will be processed and determined by the Board 
pursuant to its regulations as far as is practicable, so that a 
decision may be made for either approval or rejection of 
such applications for the term commencing in September, 
1965, without discrimination as to race or color.

(b) Applications filed in accordance with existing 
regulations of the Board without discrimination on grounds 
of race or color will be accepted during May 1-15, 1966 for 
assignment or transfer for the 2nd, 3rd, 8th and 10th grades



51

to a school heretofore attended only by pupils of a race other 
than the race of the pupils in whose behalf the applications 
are filed, will be processed and determined by the Board 
pursuant to its regulations as far as is practicable, so that a 
decision may be made for either approval or rejection of 
such application for the term commencing in September, 
1966, without discrimination as to race or color.

(c) Applications filed in accordance with existing 
regulations of the Board without discrimination on grounds 
of race or color will be accepted during May 1-15, 1967 for 
assignment or transfer for the 4th, 5th, 6th and 7th grades 
to a school heretofore attended only by pupils of a race other 
than the race of the pupils in whose behalf the applications 
are filed will be processed and determined by the Board pur­
suant to its regulations as far as is practicable, so that a de­
cision may be made for either approval or rejection of such 
application for the term commencing September, 1967, 
without discrimination as to race or color.

4. Subject to the provisions of paragraphs 1, 2, and 3 
above, all pupils in all schools of the School System of the 
City Board will remain assigned to schools to which they are 
now assigned for the school year commencing September, 
1965.

5. The City Board and Superintendent will publish an 
advertisement in a newspaper of general circulation in Jef­
ferson County, on each of three days prior to August 30, 
1965, such chosen days to be spaced as regularly as is prac­
ticable, the first publication to be made promptly (within 
a day or two) following the rendition of this court order and 
notice thereof, it being allowable that the last publication 
be made one or two days prior to August 30, 1965. The no­
tice shall state the times, places and methods of filing appli­
cation for assignment or transfer of pupils under said plan.



52

A copy of the form of notice prescribed to be given is here­
after set out:

TO  T H E  STU D EN TS OF T H E SCHOOL SYSTEM 
O PERA TING  UN DER T H E  SUPERVISION OF 
T H E BOARD OF EDUCATION OF T H E  CITY OF 
FAIRFIELD , ALABAMA, T H E  PARENTS OF SUCH 
S T U D E N T S ,  T H E  TEA C H ERS AND O TH ER  
SCHOOL PERSONNEL:

Notice of the plan of desegregation of the Board of 
Education of the City of Fairfield Schools, pursuant to the 
order of the United States District Court dated August 
16, 1965, is hereby given. The outline of such plan (as far 
as the year commencing in September, 1965 is concerned) 
implemented by Court order is as follows:

1. All applications filed at office of the Superintendent 
of Education (Located at 600 Valley Road in the City of 
Fairfield), in accordance with regulations of the Board on 
or before August SO for assignment or transfer for the 
twelfth, eleventh and ninth grades to a school heretofore 
attended only (or in any case predominantly) by pupils of 
a race other than the race of the pupils in whose behalf the 
applications are filed, will be processed and determined by 
the Board, so that action may be taken thereon on such ap­
plications for the term commencing in September, 1965 
without discrimination as to race or color.

2. Negro children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the vi­
cinity of the child’s residence at the time. Upon such regis­
tration an application may be made by the parents for the 
child’s assignment to any school (whether formerly attended 
only, or predominantly, by White children, or only by Ne­
gro children): Englewood or Robinson.



53

White children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the vi­
cinity of the child’s residence at the time. Upon such regis­
tration an application may be made by the parents for the 
child’s assignment to any school (whether formerly attended 
only, or predominantly, by White children, or only by Ne­
gro children): Donald, Forest Hills, and Glen Oaks.

All applications for assignment in behalf of children 
entering the first grade, Negro or White, will be acted upon 
promptly.

G. V irg il  N u n n ,
Superintendent of the Board of 
Education of the City of 
Fairfield, Alabama

PLAN FOR DESEGREGATIO N OF T H E 
SCHOOL SYSTEM O PERATING UNDER T H E 

SUPERVISION OF T H E  BOARD OF EDUCATION OF 
T H E CITY OF FAIRFIELD, ALABAMA

Filed in Clerk’s Office, Northern District of Alabama, 
August 23, 1965, William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

The Board of Education of the City of Fairfield, Ala­
bama (City Board) proposes the following plan, pursuant 
to order of Court:

1. All applications filed in accordance with existing 
regulations of the Board on or before August 30, 1965, for 
assignment or transfer for the 7 th, 8th, 10th and 12th grades 
to a school heretofore attended only by pupils of a race other 
than the race of pupils in whose behalf the applications are



54

filed, will be processed and determined by the Board pur­
suant to its regulations as far is practicable, so that a decision 
may be made for either approval or rejection of such appli­
cations for the term commencing in September, 1965, with­
out discrimination as to race or color.

2. Negro children entering the first grade in the sys­
tem of the City Board will report on the 1st day of Septem­
ber, 1965, at the school named below which is in the vi­
cinity of the child’s residence at the time. Upon such regis­
tration, an application may be made by the parents for the 
child’s assignment to any school (whether formerly attended 
only, or predominantly, by White children, or only by Ne­
gro children): Englewood or Robinson.

White children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the vi­
cinity of the child’s residence at the time. Upon such regis­
tration an application may be made by the parents for the 
child’s assignment to any school (whether formerly attended 
only, or predominantly, by White children, or only by Ne­
gro children): Donald, Forest Hills and Glen Oaks.

All applications for assignment in behalf of children 
entering the first grade, Negro or White, will be acted upon 
promptly.

3. Application forms for all grades involved will be 
made available at the offices of the principal of each of the 
schools in the Fairfield System.

4. (a) Applications filed in accordance with existing 
regulations of the Board on or before August 30, 1965, for 
assignment or transfer for the 7th, 8th, 10th and 12th grades 
to a school heretofore attended only by pupils of a race other 
than the race of the pupils in whose behalf the applications



55

are filed, must be delivered to and filed with the Superin­
tendent at his office at 600 Valley Road, Fairfield, and shall 
be processed and determined by him pursuant to regula­
tions of the Board as far as is practicable, so that a decision 
may be made for either approval or rejection of such appli­
cations for the term commencing in September, 1965, with­
out discrimination as to race or color.

(b) Applications filed in accordance with existing 
regulations of the Board without discrimination on grounds 
of race or color will be accepted during the month of May,
1966 for assignment or transfer for the 2nd, 3rd, 9th and 
11 th grades to a school heretofore attended only by pupils 
of a race other than the race of the pupils in whose behalf 
the applications are filed, and will be processed and deter­
mined by the Board pursuant to its regulations as far as is 
practicable, so that a decision may be made for either ap­
proval or rejection of such application for the term com­
mencing in September, 1966, without discrimination as to 
race or color.

(c) Applications filed in accordance with existing 
regulations of the Board without discrimination on grounds 
of race or color will be accepted during the month of May,
1967 for assignment or transfer for the 4th, 5th and 6th 
grades to a school hertofore attended only by pupils of a 
race other than the race of the pupils in whose behalf the 
applications are filed, and will be processed and determined 
by the Board pursuant to its regulations as far as is prac­
ticable, so that a decision may be made for either approval 
or rejection of such applications for the term commencing 
September, 1967, without discrimination as to race or color.

(d) Notice of the grades to be desegregated during 
the 1966-1967 and 1967-1968 school years will be published 
three times in a daily newspaper of general circulation dur-



56

ing May of the respective years 1966 and 1967.

5. Subject to the provisions of paragraphs 1, 2, 3, and 
4 above, all pupils in all schools of the School System of the 
City Board will remain assigned to schools to which they are 
now assigned for the school year commencing September, 
1965.

6. Students entering the area served by the Fairfield 
School System for the first time, and desiring to attend a 
school, the majority of whose students are of a race different 
from the applicant, shall obtain applications from the school 
of their choice which shall be completed, delivered to and 
promptly processed by the Superintendent without regard 
to race or color.

7. The City Board and Superintendent will publish an 
advertisement in a newspaper of general circulation in Je f­
ferson County, on each of three days prior to August 30, 
1965, such chosen days to be spaced as regularly as is prac­
ticable, the first publication to be made promptly (within 
a day or two) following the rendition of this court order and 
notice thereof, it being allowable that the last publication 
be made one or two days prior to August 30, 1965. The no­
tice shall state the times, places and methods of filing appli­
cation for assignment or transfer of pupils under said plan. 
A copy of the form of notice prescribed to be given is here­
after set out:

TO  T H E STU D EN TS OF T H E  SCHOOL SYSTEM 
O PERA TIN G  UNDER T H E  SUPERVISION OF 
T H E BOARD OF EDUCATION OF T H E CITY OF 
FAIRFIELD, ALABAMA, T H E PAREN TS OF SUCH 
S T U D E N T S ,  T H E  TEA CH ERS AND O TH ER  
SCHOOL PERSONNEL:

Notice of the plan of desegregation of the Board of 
Education of the City of Fairfield Schools, pursuant to the



57

orders of the United States District Court, dated August 
16, 1965 and August 23, 1965, is hereby given. The outline 
of such plan (as far as the year commencing in September, 
1965 is concerned) implemented by Court order is as fol­
lows:

1. All applications filed at office of the Superintendent 
of Education (Located at 600 Valley Road in the City of 
Fairfield), in accordance with regulations of the Board on 
or before August 30 for assignment or transfer for the 
seventh, eighth, tenth and twelfth grades to a school hereto­
fore attended only (or in any case predominantly) by pupils 
of a race other than the race of the pupils in whose behalf 
the applications are filed, will be processed and determined 
by the Board, so that action may be taken thereon on such 
applications for the term commencing in September, 1965, 
without discrimination as to race or color.

2. Negro children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the 
vicinity of the child’s residence at the time. Upon such 
registration, an application may be made by the parents 
for the child’s assignment to any school (whether formerly 
attended only, or predominantly by White children, or 
only by Negro children): Englewood or Robinson.

White children entering the first grade in the School 
System of the City Board will report on the 1st day of 
September, 1965 at the school named below which is in the 
vicinity of the child’s residence at the time. Upon such 
registration an application may be made by the parents for 
the child’s assignment to any school (whether formerly at­
tended only, or predominantly, by White children, or only 
by Negro children): Donald, Forest Hills, and Glen Oaks.

All applications for assignment in behalf of children



58

entering the first grade, Negro or White, will be acted 
upon promptly.

Application forms for all grades involved will be made 
available at the offices of the principal of each of the 
schools in the Fairfield System.

G . V ir g il  N u n n ,
Superintendent of the Board of 
Education of the City of 
Fairfield, Alabama



59

IN T H E  U N ITED  STA TES D IST R IC T  CO U RT FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T BOYKINS as
next friend, etc., et al., 

vs.
Plaintiffs,

FAIRFIELD BOARD OF EDUCATION, 
et al..

Defendants.

CIVIL
ACTION 
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
August 23, 1965. William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

AMENDED PLAN FOR DESEGREGATIO N OF 
FAIRFIELD SCHOOL SYSTEM 

O PERATING UN D ER T H E SUPERVISION OF 
BOARD OF EDUCATION OF T H E  CITY 
OF FAIRFIELD FILED PU RSU A N T TO  
ORDER OF CO U RT IN T H IS CAUSE

Now come the defendants in the above-entitled cause 
pursuant to order of this Court entered herein to file and 
submit to this Court for approval an amended plan for 
desegregation of the Fairfield School System operating un­
der the supervision of the Board of Education of the City 
of Fairfield, Alabama.

The defendants do not consent or agree to said plan, 
but submit same for approval by the Court as directed and 
ordered by the Court on August 20, 1965. Same plan is 
attached hereto and made a part hereof.



60

Bishop & Carlton
327 Frank Nelson Building
Birmingham, Alabama 35203

Maurice F. Bishop [Sig.]
Attorney for Defendants

C ER T IFIC A TE OF SERVICE

I hereby certify that a copy of the foregoing plan has 
been served upon counsel for the plaintiffs by first-class 
mail, postage prepaid, on this, the 23rd day of August, 1965.

Maurice F. Bishop [Sig.]

PLAN FOR DESEGREGATIO N OF T H E 
SCHOOL SYSTEM O PERA TING  UNDER T H E 

SUPERVISION OF T H E BOARD OF EDUCATION
OF T H E  CITY OF FAIRFIELD, ALABAMA

The Board of Education of the City of Fairfield, Ala­
bama (City Board) proposes the following plan, pursuant 
to order of Court:

1. All applications filed in accordance with existing 
regulations of the Board on or before August 30, 1965, 
for assignment or transfer for the 7th, 8th, 10th and 12th 
grades to a school heretofore attended only by pupils of a 
race other than the race of pupils in whose behalf the ap­
plications are filed, will be processed and determined by 
the Board pursuant to its regulations as far as is practicable, 
so that a decision may be made for either approval or re­
jection of such applications for the term commencing in 
September, 1965, without discrimination as to race or color.

2. Negro children entering the first grade in the sys­
tem of the City Board will report on the 1st day of Septem­
ber, 1965, at the school named below which is in the vicinity



61

of the child’s residence at the time. Upon such registration, 
an application may be made by the parents for the child’s 
assignment to any school (whether formerly attended only, 
or predominantly, by White children, or only by Negro 
children): Englewood or Robinson.

White children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the 
vicinity of the child’s residence at the time. Upon such 
registration an application may be made by the parents for 
the child’s assignment to any school (whether formerly 
attended only, or predominantly, by White children, or 
only by Negro children): Donald, Forest Hills and Glen 
Oaks.

All applications for assignment in behalf of children 
entering the first grade, Negro or white, will be acted 
upon promptly. Application forms will be made available 
at the offices of the principal of each of the schools in the 
Fairfield System.

3. (a) Applications filed in accordance with existing 
regulations of the Board on or before August 30, 1965, for 
assignment or transfer for the 7th, 8th, 10th and 12th grades 
to a school heretofore attended only by pupils of a race 
other than the race of the pupils in whose behalf the appli­
cations are filed, will be delivered to and filed with the 
Superintendent at his office at 600 Valley Road, Fairfield, 
and shall be processed and determined by him pursuant to 
regulations of the Board as far as is practicable, so that a 
decision may be made for either approval or rejection of 
such applications for the term commencing in September, 
1965, without discrimination as to race or color.

(b) Applications filed in accordance with existing regu-



62

lations of the Board without discrimination on grounds 
of race or color will be accepted during the month of May,
1966 for assignment or transfer for the 2nd, 3rd, 9th and 
11th grades to a school heretofore attended only by pupils 
of a race other than the race of the pupils in whose behalf 
the applications are filed, and will be processed and deter­
mined by the Board pursuant to its regulations as far as is 
practicable, so that a decision may be made for either ap­
proval or rejection of such application for the term com­
mencing in September, 1966, without discrimination as to 
race or color.

(c) Applications filed in accordance with existing regu­
lations of the Board without discrimination on grounds 
of race or color will be accepted during the month of May,
1967 for assignment or transfer for the 4th, 5th and 6th 
grades to a school heretofore attended only by pupils of 
a race other than the race of the pupils in whose behalf 
the applications are filed, and will be processed and deter­
mined by the Board pursuant to its regulations as far as is 
practicable, so that a decision may be made for either ap­
proval or rejection of such application for the term com­
mencing September, 1967, without discrimination as to 
race or color.

4. Subject to the provisions of paragraphs 1, 2, and 3 
above, all pupils in all schools of the School System of the 
City Board will remain assigned to schools to which they 
are now assigned for the school year commencing Septem­
ber, 1965.

5. Students entering the area served by the Fairfield 
School System for the first time, and desiring to attend a 
school, the majority of whose students are of a race dif­
ferent from the applicant, shall obtain applications from 
the school of their choice which shall be completed, de-



63

livered to and promptly processed by the Superintendent 
without regard to race or color.

6. The City Board and Superintendent will publish an 
advertisement in a newspaper of general circulation in Jef­
ferson County, on each of three days prior to August 30, 
1965, such chosen days to be spaced as regularly as is 
practicable, the first publication to be made promptly 
(within a day or two) following the rendition of this court 
order and notice thereof, it being allowable that the last 
publication be made one or two days prior to August 30, 
1965. The notice shall state the times, places and methods 
of filing application for assignment or transfer of pupils 
under said plan. A copy of the form of notice prescribed 
to be given is hereafter set out:

TO  T H E  STU D EN TS OF T H E  SCHOOL SYSTEM 
O PERATING U N D ER T H E  SUPERVISION OF 
T H E BOARD OF EDUCATION OF T H E CITY 
OF FAIRFIELD, ALABAMA, T H E  PARENTS 
OF SUCH STU D EN TS, T H E  TEACH ERS AND 
O TH ER SCHOOL PERSONNEL:

Notice of the plan of desegregation of the Board of 
Education of the City of Fairfield Schools, pursuant to the 
orders of the United States District Court, dated August 
16, 1965 and August 20, 1965, is hereby given. The outline 
of such plan (as far as the year commencing in September, 
1965 is concerned) implemented by Court order is as fol­
lows:

1. All applications filed at office of the Superintendent 
of Education (located at 600 Valley Road in the City of 
Fairfield), in accordance with regulations of the Board on 
or before August 30 for assignment or transfer for the 
seventh, eighth, tenth and twelfth grades to a school hereto­
fore attended only (or in any case predominantly) by pupils



64

of a race other than the race of the pupils in whose behalf 
the applications are filed, will be processed and determined 
by the Board, so that action may be taken thereon on such 
applications for the term commencing in September, 1965, 
without discrimination as to race or color.

2. Negro children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the 
vicinity of the child’s residence at the time. Upon such 
registration, an application may be made by the parents 
for the child’s assignment to any school (whether formerly 
attended only, or predominantly by White children, or only 
by Negro children): Englewood or Robinson.

White children entering the first grade in the School 
System of the City Board will report on the 1st day of Sep­
tember, 1965 at the school named below which is in the 
vicinity of the child’s residence at the time. Upon such 
registration an application may be made by the parents for 
the child’s assignment to any school (whether formerly at­
tended only, or predominantly, by White children, or only 
by Negro children): Donald, Forest Hills, and Glen Oaks.

All applications for assignment in behalf of children 
entering the first grade, Negro or White, will be acted 
upon promptly.

G. V irg il  N u n n ,
Superintendent of the Board of 
Education of the City of 
Fairfield, Alabama



65

IN T H E  U N ITED  STA TES D IST R IC T  CO U RT FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T  BOYKINS as
next friend, etc., et al.,

vs.
Plaintiffs,

FAIRFIELD BOARD OF EDUCATION, 
et al.,

Defendants.

CIVIL 
ACTION 
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
August 23, 1965. William E. Davis, Clerk, U. S. District 
Court. By M. Claire Parsons, Deputy Clerk.

ORDER O V ERRU LING  O BJEC TIO N S AND 
APPROVING AMENDED PLAN FOR 

DESEGREGATIO N OF FAIRFIELD SCHOOL 
SYSTEM O PERA TING  UN DER T H E SUPERVISION 

OF T H E  BOARD OF EDUCATION OF TH E 
CITY OF FAIRFIELD, ALABAMA

T H IS CAUSE, coming on to be heard and all parties 
being present through their attorneys of record, is sub­
mitted on the amended plan for desegregation of the Fair- 
field School System operating under the supervision of the 
Board of Education of the City of Fairfield, Alabama, filed 
by the defendant, Fairfield Board of Education, and on 
objections to said plan filed on behalf of the plaintiff and 
the intervenor. Testimony was taken relating to the plan, 
as amended, and the objections thereto. The same being 
considered and understood, it is the opinion of the Court



66

and the Court finds that the objections to the plan should 
be overruled and that the plan, as amended, should be 
approved.

Accordingly, it is ORDERED, ADJUDGED, and DE­
CREED by the Court that:

1. The objections filed on behalf of the plaintiff and 
the intervenor to the amended plan for desegregation of 
the Fairfield School System, be and the same hereby are 
overruled,

2. The amended plan for desegregation of the Fair- 
field School System operating under the supervision of the 
Board of Education of the City of Fairfield, Alabama, a 
copy of which is attached hereto and made a part hereof, 
hereby is approved.

DONE and ORDERED this 23rd day of August, 1965.

H. H. G room s 
District Judge

(Seal)

A True Copy. William E. Davis, Clerk, U. S. District 
Court, Northern District of Alabama. By M. Claire Parsons, 
Deputy Clerk.



67

IN T H E U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T BOYKINS as 
next friend of Tywanna Faye Boykins, 
et al.,

Plaintiffs,
vs.

FAIRFIELD BOARD OF EDUCATION, 
et al.,

Defendants.

CIVIL 
ACTION 
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
September 8, 1965. William E. Davis, Clerk, U. S. District 
Court. By Mary L. Tortorici, Deputy Clerk.

FINDINGS OF FACT 
AND

CONCLUSIONS OF LAW

All questions of fact and law having been tried before 
and submitted to the Court for decision, the Court makes 
the following:

FINDINGS OF FACT

1. Jurisdiction is vested in the Court by Title 28 
U.S.C.A. § 1343 (3). The rights sought to be redressed are 
rights secured by the Due Process and Equal Protection 
clauses of the Fourteenth Amendment to the Constitution 
of the United States and by Sections 1981, 1982 and 2000d 
of Title 42 U.S.C.A.

2. The plaintiffs are minor Negro citizens and resi-



68

dents of Fairfield, Alabama, and of the United States. The 
suit is brought by their respective parents as next friends.

3. The suit is also brought on behalf of all other chil­
dren of Fairfield, Alabama, who are similarly situated and 
affected by the complained of policy, practice, custom and 
usage therein averred. The Court finds that this suit pre­
sents a pt'oper class action under Rule 23(a)(3) of the Fed­
eral Rules of Civil Procedure. Specifically, common ques­
tions of law and fact are involved; common grievances are 
asserted growing out of common wrongs; common relief is 
sought for each plaintiff and each member of the class, and 
the plaintiffs fairly and adequately represent the class in 
whose behalf they sue.

4. The defendants are: Fairfield Board of Education, a 
public body corporate; the members of the Board, William 
A. Whitson, Frank B. Parson, C. J . Donald, Joseph C. 
Gandy, David J. MacKnight, Mrs. Olis B. Payne; and G. 
Virgil Nunn, Superintendent of Schools of the Fairfield 
Board of Education. The defendant Board of Education 
maintains and operates the public school system of Fair- 
field, Alabama, pursuant to the laws of the State of Ala­
bama. The Superintendent of Schools is the chief adminis­
trative officer of the Board.

5. Plaintiffs pray for an injunction enjoining the de­
fendant school authorities of Fairfield, Alabama, from con­
tinuing to pursue their policy, practice, custom and usage 
of operating a compulsory biracial school system. In the 
alternative, plaintiffs pray that the Court direct defendants 
to submit a plan of desegregation.

6. The public schools of Fairfield have heretofore been 
operated on a completely segregated basis, i.e., certain 
schools are maintained and operated for the exclusive at­
tendance of Negro children, and certain schools are main-



69

tained and operated for the exclusive attendance of white 
children, the Negro schools being staffed by Negro person­
nel and the white schools by white personnel.

7. There were in attendance at the end of the last 
term 3,938 children, of whom 1,779 were white, and 2,159 
were Negro. The following schools were attended by Negro 
students: Fairfield Industrial High, Interurban Heights 
Junior High, Englewood and Robinson elemnetary schools. 
The following schools were attended by white students: 
Fairfield High, Fairfield Junior Fligh, Donald, Forest Hill 
and Glen Oaks elementary schools. Generally, the elemen­
tary grades are one through six, junior high seven through 
nine, and senior high ten through twelve. Englewood in­
cludes grades one through eight.

8. Defendants have heretofore maintained and oper­
ated in the City of Fairfield a racially segregated school sys­
tem, and have discriminated, and were at the time of the 
hearing herein on August 16, 1965, so discriminating, 
against the minor plaintiffs and those of their class simi­
larly situated in contravention of the Constitution and laws 
of the United States.

9. Until and following the hearing herein on August 
16, 1965, and upon the direction of the Court on said date, 
the defendants had formulated no plan for the desegrega­
tion of the schools of the City of Fairfield. A plan for de 
segregation was filed on August 19, 1965. Upon a hearing 
on the objections thereto, the plan was ordered to be 
amended. The amended plan was filed and approved on 
August 23, 1965.

CONCLUSIONS OF LAW

1. The Court has jurisdiction of the subject matter 
and of the parties to this action.



70

2. The public school system of the City of Fairfield, 
Alabama, has heretofore been, and was at the time of the 
hearing herein on August 16, 1965, operated on a com­
pulsory biracial system. Separate schools were constructed, 
operated, maintained and staffed by white personnel for 
white pupils only. Separate schools were constructed, oper­
ated, maintained and staffed by Negro personnel for Negro 
pupils only.

3. The operation of the schools on a biracial basis is 
contrary to the Constitution and laws of the United States 
as construed by the Supreme Court of the United States. 
Brown v. Board of Education, 347 U.S. 483, and 349 U.S. 
294; and Cooper v. Aaron, 358 U.S. 1.

4. Plaintiffs are entitled to the relief heretofore granted 
in the approval of the amended plan of desegregation, and 
are entitled to injunctive relief as provided in the judgment 
this day filed.

Done and Ordered, this the 7th day of September, 
1965.

H. H. G ro o m s

United States District Judge
(SEAL)

A True Copy. William E. Davis, Clerk, United States 
District Court, Northern District of Alabama. By Mary L . 
Tortorici, Deputy Clerk.



71

IN T H E U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E  N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T  BOYKINS as \
next friend of Tywanna Faye Boykins, I
et al., I CIVIL

Plaintiffs, 
vs.

FAIRFIELD BOARD OF EDUCATION, 
et al.,

Defendants.

ACTION
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
September 8, 1965. William E. Davis, Clerk, U. S. District 
Court. By Mary L. Tortorici, Deputy Clerk.

JU D G M EN T

Pursuant to the Findings of Fact and Conclusions of 
Law filed herewith;

It is ORDERED, ADJUDGED and DECREED by 
the Court:

1. That the defendants, Fairfield Board of Education, 
a public body corporate; the members of the Board, Wil­
liam A. Whitson, Frank B. Parson, C. J. Donald, Joseph C. 
Gandy, David J. MacKnight, Mrs. Olis B. Payne; and G. 
Virgil Nunn, Superintendent of Schools of the Fairfield 
Board of Education, and their agents, servants, employees, 
successors in office, and those persons in active concert or 
participation with them who shall receive actual notice of 
this order, be and they are hereby restrained and enjoined 
from discriminating against the plaintiffs, Tywanna Faye



72

Boykins, Jackie D. Boykins, Lydia C. Boykins, Patricia Ann 
Boykins, Deborah Ann Cummings, Janice Clark, LaFayette 
Clark, Jr., Craneston Brown, Claudia Jean Brown, Helen 
Crawford, Maxine Scott, Veronica Scott, Christine Marita 
Scott, Geraldine Scott, and those who are similarly situated, 
because of their race or color, in seeking assignment, trans­
fer or admission to the public schools of Fairfield, Alabama, 
pursuant to and under the amended plan of desegregation 
approved August 23, 1965, or subjecting them to criteria, 
requirements, and prerequisites not required of white 
children seeking assignment, transfer or admission to said 
schools.

2. Jurisdiction is retained for such further order as may 
be required to effectuate the relief hereby granted.

Done and Ordered, this the 7th day of September, 
1965.

H. H. G ro o m s

United States District Judge
(SEAL)

A True Copy. William E. Davis, Clerk, United States 
District Court, Northern District of Alabama. By Mary L. 
Tortorici, Deputy Clerk.



73

IN T H E U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E  N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T BOYKINS, et al„
Plaintiffs,

U N ITED  STA TES OF AMERICA, by 
Nicholas deB. Katzenbach,
Attorney General,

Plaintiff -Intervenor,

vs.

T H E  BOARD OF EDUCATION OF 
T H E  CITY OF FAIRFIELD, et ah,

Defendants.

CIVIL
ACTION
No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
October 22, 1965. William E. Davis, Clerk, U. S. District 
Court. By Mary L. Tortorici, Deputy Clerk.

N O TICE OF APPEAL
Notice is hereby given that the United States of Amer­

ica, by Nicholas deB. Katzenbach, Attorney General, Plain- 
tiff-Intervenor above named, hereby appeals to the United 
States Court of Appeals for the Fifth Circuit from Order 
overruling objections and approving amended plan for de­
segregation of Fairfield School System operating under the 
supervision of the Board of Education of the City of Fair- 
field, Alabama, entered herein on August 23, 1965.

Macon L. Weaver [Sig.]
M acon  L. W ea ver  
United States Attorney 
E. Ray Acton [Sig.]
E. R ay  A cton

Assistant. United States Attorney



74

IN T H E U N ITED  STA TES D IST R IC T  C O U R T FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T  BOYKINS, et al„
Plaintiffs,

U N ITED  STA TES OF AMERICA, by 
Nicholas deB. Katzenbach,
Attorney General,

Plaintiff-Intervenor, 
vs.

T H E  BOARD OF EDUCATION OF 
T H E  CITY OF FAIRFIELD , et al.,

Defendants.

CIVIL 
\  ACTIO N
[ No. 65-499

Filed in Clerk’s Office, Northern District of Alabama, 
November 23, 1965. William E. Davis, Clerk, U. S. District 
Court. By Margaret M. Hoehn, Deputy Clerk.

ORDER OF EXTEN SIO N

Upon motion of the United States Attorney, pursuant 
to Rule 73(g), Federal Rules of Civil Procedure, and for 
good cause shown;

It is hereby ORDERED that the time within which 
the record on appeal in this cause shall be filed with the 
United States Court of Appeals for the Fifth Circuit at New 
Orleans and the time within which the appeal shall be 
there docketed be and the same hereby is extended fifty 
days from the 1st day of December, 1965.

DONE, this the 23rd day of November, 1965.
H. H. Grooms [Sig.]
United States District Judge



75

IN T H E U N ITED  STA TES D IST R IC T  CO U RT FOR 
T H E N O R TH ER N  D IST R IC T  OF ALABAMA 

SO U TH ERN  DIVISION

GEORGE R O BER T BOYKINS, 
etc., et al.,

Plaintiffs,
vs.

FAIRFIELD BOARD OF 
EDUCATION, G. V IRG IL NUNN, 
et al.,

Defendants.

CIVIL 
ACTION 
No. 65-499

Birmingham, Alabama 
August 16, 1965

Filed in Clerk’s Office, Northern District of Alabama, 
January 18, 1966. William E. Davis, Clerk, U. S. District 
Court. By Mary L. Tortorici, Deputy Clerk.

BEFORE:
HON. H. H. GROOMS, Judge.

APPEARING FOR T H E  PLAIN TIFFS:
MESSRS. DEM ETRIUS C. NEW TON and ORZELL 
BILLINGSLEY, JR ., and CHARLES R. JONES.

APPEARING FOR T H E DEFENDANTS:
MR. MAURICE F. BISHOP.

APPEARING FOR T H E INTERVEN O R:
MESSRS. BRIAN LANDSBERG and JAMES PH IL­
LIPS, U. S. Department of Justice.



76

IND EX

Witness D C RD
Rev. J. A. Salary 15
G. Virgil Nunn 17 37-66 114
Paul Pate 117 121
William Stormer 123
W. C. Presley 133

PROCEEDINGS

T H E  C O U RT: Gentlemen, we have set this morning 
a motion for preliminary injunction in the case of Boykins 
and others versus the Board of Education of the City of 
Fairfield, United States as Intervenor.

Are the Plaintiffs ready in the case?

MR, NEW TON: We are ready, Your Honor.

MR. BISHOP: The Defendants are ready, Your 
Honor.

T H E  CO U RT: Is the Intervenor ready?

MR. LANDSBERG: I believe, technically, we are not 
yet intervenors. We are movants.

T H E  C O U RT: Is there any objections to the United 
States intervening?

MR. BISHOP: I guess not.

Your Honor, we have previously suggested by corres­
pondence and personal contact, this matter be submitted 
on application for permanent injunction and be finally 
submitted this morning in consideration of the Court’s 
congested docket and time elements involved.

T H E CO U RT: I don’t see any reason why it couldn’t
be.



77

MR. BISHOP: We would be willing to submit, we 
have filed an answer, and we would be willing to submit 
on the bill, Petition for Intervention, and the Answer, 
and submit for a final hearing.

MR. NEW TON: And the deposition taken last week.

MR. BISHOP: Yes. We have no objection to the de­
position.

MR. LANDSBERG: Your Honor, the Intervenor had 
planned to put on perhaps additional evidence, if, as has 
been done in the past, the Court orders the Defendants to 
submit a plan, and if we then found any plan objection­
able—

T H E CO URT: Is there any question here, do you 
have any question that this is a segregated school system?

MR. BISHOP: Judge, I think as far as the operation 
of the school system is concerned, I will state that the Fair- 
field Board of Education has never had an application from 
a colored student to transfer to a white school. Historically 
they have had two sets of schools, one school has been at­
tended by white students and the other school by colored 
students. Until this litigation was instigated, in whatever 
manner, the Fairfield Board of Education had never had 
an application by a colored student to attend the white 
schools.

T H E CO U RT: I doubt if that is a necessary pre­
requisite to the filing of the plan for desegregation of 
the schools.

MR. BISHOP: I will state that the Fairfield Board of 
Education has never filed a plan for a proposed desegrega­
tion of schools insofar as those terms have been commonly 
used and commonly acceptable.



78

T H E CO U RT: Have these plaintiffs made applica­
tion?

MR. BISHOP: They have not made application.

T H E  CO U RT: They do live in the school area?

MR. NEW TON: They live in the school area, and 
some of the parents are among the original petitioners. Of 
course, also, the plaintiffs, as far as formal application on 
the part of a student, I think Mr. Bishop might be correct. 
However, we do say some applications have been made, 
and this is not the first time the Board has been asked to 
submit a plan on desegregation by parents who have chil­
dren in the school. Up to this point, they have not received 
a plan.

T H E  CO U RT: They state that they have requested 
you to submit a plan and no plan has been submitted.

MR. BISHOP: The only request of the Fairfield Board 
of Education has been the receipt in May in 1965 of a letter 
request from a group designating themselves as members 
of the NAACP, whether that eminated from Jefferson 
County or Brooklyn Borrough of New York, we have no 
way of knowing. They did request, and when I say they, 
I mean that group requested the Fairfield Board of Educa­
tion to so-call desegregate its schools. That is the only re­
quest anybody has made of the Fairfield Board of Education 
until the filing of this lawsuit.

MR. NEW TON: Again we suggest that the Fairfield 
Board of Education was petitioned by the local branch of 
the NAACP, who are all citizens of the City of Fairfield, 
and, as a matter of fact, the Fairfield Board of Education 
was requested to submit a plan by this same group as early 
as 1954; and they were the first School System in the State 
of Alabama that was asked to desegregate its schools.



79

MR. BISHOP: The statement they requested it in 
1954 is inaccurate and incorrect. They were petitioned in 
May, 1965, about the last of the last school term. There 
has been no plan for desegregating planned, filed or sub­
mitted.

T H E CO U RT: What is to hinder us from submitting 
a plan now and asking the court to consider the submission 
of your plan?

MR. BISHOP: If this court wants a plan submitted, 
the Fairfield Board of Education will endeavor faithfully 
to comply with any order of the United States District 
Court. We do not think we should be required to submit 
any plan, because we have never been requested by any­
body except these particular petitioners in this lawsuit.

T H E CO U RT: I think a plan should be submitted. 
They state they asked you to submit a plan as early as May 
of this year, and nothing has been done about it. This 
thing has been coming on since May, 1954, and we might 
as well recognize the facts.

MR. BISHOP: With all due respect, we think it has 
been coming on, and we say, with all respect, it has culmi­
nated in this past week-end’s instances.

MR. NEW TON: Your Honor, of course, I would have 
to say something on that. What happened in Los Angeles, 
California, has no bearing on whether these plaintiffs have 
a right to go to the Fairfield Public Schools.

MR. BISHOP: It is part and parcel of the whole 
program.

T H E CO U RT: The Court of Appeals of the Fifth 
Circuit and this Court, have just recently approved a plan 
for one other school system. It appears to me you could



80

very easily evolve a plan without any delay and submit it 
to the court at which time we would take up the plan and 
the bill on the merits. I don’t see any reason why it should 
not be done.

MR. BISHOP: If Your Honor desires, it will be 
promptly filed and we will comply with any directions of 
Your Honor.

T H E CO U RT: Can you file a plan by Friday of this 
week?

MR. BISHOP: If your Honor directs it, we can have 
a plan ready by tomorrow.

T H E CO U RT: I would suggest you submit a plan 
by Friday morning at ten o’clock, and we will continue 
this case until that time, and we will consider your plan 
and try the case on the merits, if necessary, at that time.

MR. BISHOP: As I understand then, the order of 
the Court would be to draw a plan to be submitted by 
Friday morning, and then as I understand the procedure, 
we will serve a copy of the plan on counsel for the plaintiff 
and counsel for the intervenor, and I understand the hear­
ing on Friday would be on any objections to the plan as 
submitted.

T H E CO U RT: I think you should get it to them 
one day prior.

MR. BISHOP: I will see that it is available to them 
by Wednesday of this week. That will give them plenty of 
time.

T H E  CO U RT: That will give them sometime to 
work on it. We might as well face up to eventuality and 
cut out everything and get down then to the crucial issue. 
If you will submit the plan by Wednesday, they can file



81

their objections by Friday and we will take the matter up 
Friday morning and the case will be considered on the 
merits at that time.

MR. LANDSBERG: The Intervenor has subpoenaed 
to this hearing a large number of records which we think 
are relevant to the issues in this case, the issues of the good 
faith of the board and of the administrative difficulty and 
the issue of disparity between white and Negro schools.

T H E CO U RT: Don’t we get around a lot of that by 
the Court directing them to submit a plan? Maybe the 
extent of the plan or the evidence might have something 
to do on that, but they have operated a segregated school 
system and there is no use of us taking the time of the Court 
to prove the fact that is already known to everybody.

Do you have any particular facts that would have a 
bearing upon a plan that might be found?

MR. LANDSBERG: Your Honor, I think that the 
whole question of administrative difficulty and lack of 
good faith and on the disparity of the schools all bear 
upon the adequacy of any plan that would be submitted; 
therefore, the intervenor would like to have the oppor­
tunity before the final hearing of examining the records 
subpoenaed in order to select out from them—

T H E CO U RT: What records do you mean, the rec­
ords of the Fairfield Board of Education?

MR. LANDSBERG: Yes, Your Honor.

T H E CO U RT: It might be that the objection— 
what you are saying now is that these will go to the objec­
tion to the plan, probably?

MR. BISHOP: With all due respect, he doesn’t know 
what the plan is going to be yet.



82

T H E CO U RT: He doesn’t. It may be if you show 
him what he wants, we won’t have any trouble about 
hearing that part of it.

MR. BISHOP: Judge, unfortunately that hasn’t been 
our experience with the Department, but we will abide 
by whatever your Honor directs.

MR. NEW TON: The plaintiffs have requested cer­
tain documents to be brought to this court, and, at the 
time of the hearing, or of the plan, we would like to have 
an opportunity to examine those materials prior to the 
hearing.

T H E CO U RT: I would say this, that since we won’t 
take up evidence this morning, whatever evidence will be 
heard will be heard on Friday morning, and you would 
make available to them original records they have sub­
poenaed.

MR. BISHOP: We have all the records requested by 
the Plaintiff in the case, and they will be made available, 
and we have substantially all the records requested by the 
intervenor. Now, we do not have, for example, they asked 
for all books of accounts showing all items of expenditures 
for every school in the system since 1960, and all receipts 
from certain funds since 1954.

T H E  CO U RT: Don’t you have a ledger?

MR. BISHOP: We have a ledger, and it is at the Fair- 
field Board of Education, and they can comb that ledger.

T H E  CO U RT: Will that all be made available to 
them?

MR. BISHOP: Everything your Honor directs will be 
made available.



83

T H E  CO U RT: You have some of the stuff here, I 
assume?

MR. BISHOP: Yes, sir.

T H E  CO U RT: The Court requests you submit what­
ever materials you have available, and anything in the way 
of these records, make them available to them at the Board 
of Education in Fairfield so that they can check on these 
things and see where they stand.

MR. BISHOP: Could we make all of those records 
available at the Fairfield Board? There are several here 
and others at the Fairfield Board? We have working facili­
ties available.

T H E CO URT: It would probably be more conven­
ient out there.

MR. BISHOP: Yes, sir, and they have adequate work­
ing space, Your Honor, and if there are any questions, we 
have personnel that might be able to respond to it or get 
another record.

T H E CO U RT: That would seem to be reasonable 
since you do have records that are probably voluminous. 
So, any of those records, make available to them. The 
records will be available to the Intervenor and to the Plain­
tiff at the Fairfield Board of Education.

MR. NEW TON: Your Honor, one other question, 
and in the event an evidenciary hearing will be necessary, 
we would like for your Honor to order witnesses under 
subpoena to reappear rather than having to serve them 
again.

T H E CO URT: The Court has a motion docket Fri­
day afternoon. How many witnesses do you have?



84

MR. NEW TON: I have a total of four.

T H E CO U RT: All right. Let all of the witnesses 
who have been asked to be here to testify be sworn.

(Whereupon, the witnesses were sworn.)

T H E  CO U RT: I am going to ask you to be back 
here at 9 o’clock instead of ten o’clock because I want to 
be sure to finish this matter Friday morning.

Make the records available at the Fairfield Board of 
Education to the Intervenor and the Plaintiffs and we 
will submit your plan by Wednesday to counsel for the 
other side, and you have your objections ready by Friday 
morning.

MR. BISHOP: Could we get those objections by 
Thursday so that we could be prepared by Friday?

T H E CO U RT: Get the objections to him by noon 
on Thursday.

MR. NEW TON: If he gets it to me Tuesday, I can. 
If he gets it to me Wednesday afternoon, it might be a 
little difficult.

T H E C O U RT: The witnesses and parties are ex­
cused until 9 o’clock Friday morning.

(Court was Adjourned.)

A U G U ST 20, 1965 9:00 A.M.

T H E CO U RT: Are the plaintiffs ready to proceed?

MR. BILLIN G SLEY: Yes, sir.

T H E C O U RT: Is the Defendant ready to proceed?

MR. BISHOP: The Defendant is ready.

(Whereupon, counsel for the respective parties ad-



85

dressed the Court in argument, following which the fol­
lowing occurred:)

MR. NEW TON: Rev. Salary.

REV. J. A. SALARY,

being duly sworn, was examined and testified as follows:

D IR EC T EXAM INATION 

Q (BY MR. NEW TON:) State your name, please?

A John Arthur Salary.

Q What is your occupation, sir?

A Minister of the Mount Olive Baptist Church.

Q Are you a resident of the City of Fairfield?

A I am.

Q How long have you been a resident of Fairfield?

A More than forty years.

Q Rev. Salary, are you familiar with George Robert 
Boykins and Patricia Boykins and some of these other 
plaintiffs?

A I am.

Q Are you familiar with Fred Cummings and his daugh­
ter, Deborah Ann Cummings?

A Yes, sir; I am.

Q Are you familiar with Lagene Clark and his daughter 
and son, Jeannette Clark and Lagene Clark, Jr.?

A I am.



86

Q Are you familiar with Marie Brown and her son and 
daughter?

A Yes, sir.

Q Are you familiar with Mrs. Crawford and her daughter? 

A I am.

Q Are you familiar with Percy Scott and his daughters? 

4. I am.

Q All of these people residents of the City of Fairfield? 

A They are.

Q Are all of these people Negroes?

A They are.

MR. NEW TON: Your witness.

MR. BISHOP: No questions.

T H E  CO U RT: Call your next witness, please.
(Witness Excused.)

MR. NEW TON: Mr. Nunn.

G. VIPvGIL NUNN,

being first duly sworn, was examined and testified as fol­
lows:

D IR EC T EXAM INATION

Q (BY MR. NEW TON:) Mr. Nunn, are you the Superin­
tendent of Fairfield Public Schools?

T H E  CO U RT: State your initials?

A George Virgil Nunn.

Q Mr. Nunn, are you the Superintendent of Fairfield 
Public Schools?



87

A I am.

Q How long have you been Superintendent of the schools, 
sir?

A Nineteen years.

Q Mr. Nunn, will you just briefly explain your duties 
as Superintendent of Fairfield Public Schools?

A My duties are to carry out the policies that are estab­
lished by the Fairfield Board of Education.

Q Mr. Nunn, the Fairfield School System is operated on 
what is commonly known as a 6-3-3 system?

A We are in the process of reorganizing our system into 
a 6-3-3 organization at the present time.

Q Now, by 6-3-3, what is meant by that?

A Six grades of Elementary School, three grades of Junior 
High School, and three grades of Senior High School.

Q How many high schools are in the Fairfield School 
System?

A Two.

O And their names, sir?

A Fairfield Industrial Fligh School and Fairfield High 
School.

Q How man Junior High Schools are in the system?

A One completely organized on a three year basis.

Q And the name of that school, sir?

A Fairfield Junior High School.

Q Do you have another one?

A Interurban Heights Junior High School is in the process



88

of organization—reorganizing at the present time, with a 
new building on the drawing board, and the beginning of 
1966 school year, it will be a three year Junior High School.

Q It currently has how many grades?

A Two.

Q Now, how many elementary schools are in the Fairfield 
School System?

A live.

Q And their names?

A Englewood. Robinson, Donald, Forest Hills, Glen Oaks.

Q Now, Mr. Nunn, prior to the Board of Education—

T H E CO U RT: How many Senior High Schools do 
you have, two?

A Two.

T H E C O U RT: And they are which?

A Fairfield Industrial High School and Fairfield High 
School.

T H E CO U RT: And the Junior High School?

A Fairfield Junior High School and Interurban Heights 
Junior High School.

Q Now, prior to the Board of Education submitting its 
plan for desegregation Interurban Heights Junior High 
School, which you refer to as having grades seven and eight, 
currently, was what was commonly known as a Negro Jun­
ior High School; is that right?

A Yes, sir.

Q Now, Mr. Nunn, the Donald Elementary School, the



89

Forest Hill Elementary School and the Glen Oaks Elemen­
tary School, are those schools, prior to the submission of 
your plan, what are commonly known as white schools?

A Yes, sir.

Q The Engelwood School and Robinson Elementary 
School were formerly known as Negro Elementary Schools; 
is that correct?

A Yes.

Q And Fairfield Industrial High School was formerly 
known as a Negro High School?

A Yes, sir.

Q And the Fairfield High School formerly was known as 
a white high school?

A Yes.

O Mr. Nunn, can you tell us how many students are in the 
Fairfield School System?

A Mr. Newton, that information is in the deposition that 
was taken last Thursday. I would have to estimate figures 
which would possibly be in contradiction to those.

Q All right.

MR. BISHOP: I can stipulate it into the record, if you 
would like.

Q Would it be correct to say that there are 1,779 white 
students in the Fairfield School System?

A That sounds to be correct.

Q And 2,159 Negro students in the Fairfield School Sys­
tem?

A That sounds true.



90

T H E  C O U RT: Which of these Junior High Schools 
is colored?

Is the Fairfield Junior High School the former white 
school?

A Yes.

Q Now, Mr. Nunn, in the area where the Fairfield High 
School is located, occupying the same grounds also is the 
Fairfield Junior High School located there?

A Yes.

Q In your judgment, how much area is occupied by these 
two schools?

A Thirteen acres.

Q And how many buildings?

A Four.

Q And the Fairfield Junior High School, do you offer 
courses in Flome Economics and Industrial Arts?

A Yes, sir.

Q And at Interurban Heights Junior High School, do you 
offer courses in Home Economics and Industrial Arts?

A Not for the current school year.

O Did you offer it last year?

A We did not. We plan to offer it a year from now. As a 
matter of fact, two teachers have already been employed to 
teach those subjects.

Q How much land area is occupied, sir, in your best judg­
ment, by the Interurban Heights Junior High School?

A Eight or nine acres.



91

Q At the Interurban Heights Junior High School, is that 
a building that was once used by the National Guard as an 
Armory?

A At the present time it is.

Q Now, at the Fairfield Industrial High School, how 
much land area is occupied by that school?

A About four acres.

Q And about how many buildings is on the Fairfield In­
dustrial High School site?

A Three.

Q Is there room at the Fairfield Industrial High School 
for an outdoor play area?

A Not only no room for it, no reason for it.

Q What do you mean by no reason?

A We have a complete modern physical education plant 
on that campus.

Q Then, is it the trend not to use outdoor play areas where 
there are gymnasiums?

A I would say it certainly decreases the necessity for out­
door play areas.

Q Of course, you will admit you cannot play baseball in 
the gym, or softball in the gymnasium?

A I would admit that, and, of course, at the same time I 
would admit, to play volleyball and basketball and many 
other games which, incidentally, are approved in the State 
course of study.

Q How many outdoor play area, sir, is there at the Fair- 
field High School?



92

A I have stated that there is a total of thirteen acres serv­
ing both the Junior and Senior High School. Part of that 
area is a football field on which we do not permit the play­
ing of scholastic games and that sort of thing. I refer to soft- 
ball or volleyball, tennis and baseball.

Q Your office, that is the office of the Fairfield Board of 
Education, is located in the same general vicinity as the Fair- 
field High School and Fairfield Junior High School; is that 
correct?

A It is, but I do not include that in my answer to your 
question in the number of school buildings on the campus.

Q Have you, on occasions, observed students at the Fair- 
field High School or Fairfield Junior High School using the 
area that is not occupied by buildings or football field for 
playing in that area?

A I have observed that.

Q Now, at the Engelwood School, how many, or how much 
land there did you say that was?

A Mr. Newton, you are asking me questions that I have 
already answered in deposition, and I feel I will give contra­
dicting information if I attempt to go through these acreage 
questions.

Q I just have one more, just to the best of your ability?

A Five to six acres.

Q Does Engelwood School area have an outdoor play area
there?

A Yes.

Q And did the State Highway Department or some other



93

agency recently take a portion of the lands formerly used 
by the Board of Education for the Engelwood School?

A Yes, a small portion, a triangle with two sides approxi­
mately 25 feet by approximately 50 to 60 feet.

Q Mr. Nunn, I show you here a document similar or iden­
tical to one prepared by the Fairfield Board of Education 
showing capacity and other figures. Does that, in your best 
judgment, represent the figures prepared by your office?

A Yes.

MR. NEW TON: If there is no objection, I would like 
to offer this as plaintiffs Exhibit 1.

MR. BISHOP: No objection.
(Plaintiff’s Exhibit 1 re­
ceived in evidence.)

Q Mr. Nunn, I would like to showT you a document, aside 
from those items written in red, which purports to be iden­
tical to a document prepared by the Fairfield Board of Edu­
cation showing expenditures in the various schools in the 
Fairfield System.

Does that adequately represent that document?

A I believe it is correct.

Q Now, sir, I would like to ask you one other question 
about this document.

I notice you have total for Negro Schools, $941,655.00, 
but in the document you list Interurban Heights Junior 
High School addition $235,000.00. That money has not at 
this time been spent, is that correct?

A No, the money has not been spent, but the architect is 
drawing the plans for the building, and the State Depart­
ment of Education has approved it.



94

Q Yes, sir.

But then it would not comply to the heading of this 
document, construction, June, ’53-54 to ’64-65, would it?

A No, but that document states it is a proposed construc­
tion.

MR. NEW TON: Any objection to this?

MR. BISHOP: We have no objection.

T H E  C O U R T : Do you have a typewritten copy of that 
he can have?

MR. BISHOP: Yes, we do.

T H E CO U RT: Mark this typewriten copy.
(Plaintiff’s Exhibit 2 re­
ceived in evidence.)

Q Mr. Nunn, taking the area that is commonly called in 
Fairfield the Engelwood Area, where all of these plaintiffs 
reside, what is the closest high school to those students living 
in the Engelwood Area?

A Fairfield High School.

Q And by Fairfield High School, is that the school that 
was commonly known, prior to this plan for desegregation, 
as a white school?

A Yes.

Q Now, Mr. Nunn, taking that same area, the Engelwood 
Area, wThat is the closest Junior High School to those stu­
dents living in that area?

A Engelwood Elementary School.

Q My question is what is the closest Junior High School? 

A That school contains grades 7 and 8.



95

Q Yes, sir, I understand that.

It is not designated as a Junior High School?

MR. BISHOP: We object to that, argument. One of 
the difficulties that we anticipate with reference to admin­
istrative and to the students transferring—

T H E  CO U RT: What is the question?

MR. NEW TON: The question was, what is the closest 
Junior High School.

MR. BISHOP: And it had been answered.

T H E CO U RT: Overrule the objection.

MR. BISHOP: He said Engelwood, because it contains 
grades through 8.

T H E CO U RT: The 7th and 8th grades would be Jun­
ior High, then?

A Yes, sir.

T H E  CO U RT: He can make the answer he chose to 
make.

MR. BISHOP: My purpose was he had answered that 
as Engelwood.

MR. NEW TON: Yes, sir, but what I am trying to point 
out, Fairfield—Engelwood School is not a Junior High 
School, and does not have grade 9.

MR. BISHOP: That is argument.

MR. NEW TON: And in the system previously called 
white, there is no such thing as grade 7 and 8 in an ele­
mentary school.

T H E CO U RT: Go ahead with your examination. I 
will overrule the objection.



96

Q Mr. Nunn, what is the closest Junior High School to 
the—

MR. BISHOP: That question has been asked and an­
swered, and the answer was Engelwood, grades 7 and 8, or 
grades one through eight.

T H E  CO U RT: Is that your answer?

A Yes, sir.

Q Well, Mr. Nunn, this question, the six-three-three sys­
tem which is in operation in the white schools in Fairfield 
has in it grades one through six, grades seven through eight, 
and grades nine through twelve; is that correct?

A I didn’t follow you on the Junior High School.

Q Seven through nine?

A That is correct, but I would like to restate the fact that 
we are in the process of reorganizing, and that has only been 
true for two school years. Prior to that time, the white 
schools were organized into one through eight.

Q But since the Fall of 1963, the Fairfield Board has adopt­
ed in the white schools and have a six-three-three system; is 
that correct?

A Yes, and also the colored schools, and we are moving in 
that direction.

Q But, as of today, there is not present in the colored 
schools that system; is that correct?

A It has not been completed.

Q Mr. Nunn, then in the Fairfield Junior High School, 
is there a gymnasium of any sort?

A No.



97

Q What facilities are in the Forest Hill Elementary 
School?

A Typical Elementary School classrooms, a suite of prin­
cipal offices, kitchen and cafeteria, and adequate restroom 
facilities.

Q And in Glen Oaks, the Forest Hill and Donald Schools, 
do they have playground equipment such as swings, teeter- 
totters, merry-go-rounds, and jungle gyms?

A Yes, they do have equipment which was provided by the 
Parent Teachers Association.

Q Are these three schools fairly new, modern buildings? 

A Yes, sir.

Q And all three of these white schools, is there a land­
scaped drive-way leading up to the school building itself, 
asphalt or paved?

A There are isolated pieces of shrubbery, but they were 
not planted by or under the supervision of the Fairfield 
Board of Education.

Q What about the driveway, did the P'TA furnish that?

A No.

Q Are they present at all three of those schools?

A Yes.

Q Is there a driveway leading, asphalt, leading to either 
Robinson, Interurban Heights, Fairfield Industrial or En- 
gelwood School?

A There is an asphalt driveway leading up to Interurban 
Heights Junior High School.

Q Was that driveway there at the time the Armory was 
using the facilities?



98

A Yes, sir.

Q Other than that driveway, are there driveways at any of 
the previously enumerated schools?

A Yes. The Fairfield Industrial High School has a paved 
street in front of it, and a paved alley on the back of it.

Q On the grounds leading up to the building itself, at 
either Englewood or Robinson, there is no such driveway?

A No.

Q Is it true that each of these schools, and when I say each 
of them, I refer to Forest Hill, Glen Oaks, and Donald 
School, have grassed areas in and around the school itself?

A Portions of it is grassed.

Q Is there a grassed area either at Robinson or Engelwood 
School?

A No, there is no grass at Robinson, because the school 
and the PTA requested that that area be graded and black- 
topped, which has been done.

Q Was that done by the Board of Education?

A The Board of Education in co-operation with the Par­
ent Teacher Association, and I might also add, Robinson 
Elementary School has more recreational facilities on its 
campus than any elementary school in the system.

Q Mr. Nunn, at the Junior High School, that is the sev­
enth, eighth, and ninth, at the Fairfield Junior High School, 
do the students have one teacher all day or do they inter­
change and have different teachers for different subjects?

A They interchange.

Q Now, the seventh and eighth grades at Engelwood



99

School, tell me, do the students have one teacher all day or 
do they interchange?

MR. BISHOP: We object to that. We are talking about 
different propositions. At Fairfield it is seventh, eighth and 
ninth grades, and at Interurban, it is seventh and eighth.

I will withdraw the objection, go ahead.

A The teachers are provided by the Board of Education 
to do the job. The assignment of those teachers is strictly up 
to the prinicipal.

Q You visit those schools from time to time, don’t you?

A Yes.

Q Do you know, sir, of your own knowledge, whether the 
seventh or eighth grades at Engelwood School interchange 
teachers, or do they have one teacher?

MR. BISHOP: If he is talking about have the princi­
pals complained about something, the colored principals are 
doing what they are supposed to be doing out there.

T H E CO U RT: Overrule the objection.

A Will you restate your question.

Q Do the seventh and eighth grades at Engelwood Schools 
interchange, or do they have one teacher?

MR. BISHOP: We object to it. He has already an­
swered it. He said the assignment is up to the prinicpal.

T H E CO U RT: I don’t know how it affects the situa­
tion we are concerned about, but I will permit him to an­
swer the question.

A T o the best of my knowledge, the prinicpal does assign, 
for instance, a teacher that has a major or minor in the field 
of Social Studies, to teach Social Studies to seventh and



100

eighth grade students. The same would be said in the field 
of English or Mathematics.

Q Then you are saying that the teachers in the seventh 
and eighth grades at Engelwood School do have different 
teachers for a different subject?

A That is my opinion.

Q And, as a general rule, in all the school systems at Fair- 
field, it becomes the principal’s duty to determine whether 
the students will interchange grades or not; it that true?

A That is his administrative, as well as his instructional 
matter, that the principal always feel free to discuss with the 
superintendent, and we work those problems out together.

Q But, finally, sir, does the superintendent make the de­
cision?

A Finally the superintendent takes in consideration the 
recommendation of the principal in arriving at a decision.

Q Do you have any such recommendations from the prin­
cipal of Engelwood School?

A From the former principal, W. E. Presley, yes. The 
present principal just inherited and is carrying on a situ­
ation that had been in existence.

Q In addition, the same pattern that was in existence 
under Mr. Presley is in existence under Mr. Bonds today?

A That is my understanding.

Q Mr. Nunn, you have at the present time, and up to and 
including any such hiring that may have been done, this 
summer—first, let me say, do you employ the teachers by 
the Fairfield School System?



101

A I recommend the employment of teachers to the Board 
of Education. The Board employs the teachers.

Q Now, of those teachers that you have recommended and 
have been employed by the Fairfield Board of Education up 
through and including this summer, have you assigned all 
Negroes to what was previously all Negro Schools, teachers 
that is, and all whites to what has previously been an all 
white school?

A Yes.

Q Do teachers, during the course of a school year, Mr. 
Nunn, have regular meetings?

A Yes, teachers have meetings. The question is not clear 
to me.

Q Do teachers have meetings in the school and so forth? 1

A Yes. The principal of every school periodically has fac­
ulty meetings.

Q Now, are there meetings of teachers in the whole sys­
tem of the school?

A After schools begins, there is meeting, or on call by the 
Teachers Associations, and not by the superintendent.

Q Now, sir, do you have workshops? When are your teach­
ers reporting for duty this year?

A August 30th.

Q And what will they be engaged in between August 30th 
and September 1st?

A Teachers meetings.

Q And where are those meetings being held?

A For the white teachers it will be held at Fairfield Fligh



102

School, and for the colored teachers, it will be held at Fair- 
field Industrial High School.

Q In other words, Negro teachers meet one place and 
white teachers meet another?

A That is correct.

MR. NEW TON: I believe that is all. Your witness. 

CROSS EXAM INATION

Q (BY MR. BISHOP:) Mr. Nunn, will you please, first, 
refer to what has been identified and received as Plaintiffs’ 
Exhibit 1.

As an aid to the court and in consideration of this case, 
I believe you have previously stated that Fairfield Junior 
Fligh and the Fairfield High were previously all white 
schools?

A Yes, sir.

Q The Fairfield Industrial High and Interurban Heights 
Junior High School were previously colored schools?

A Yes, sir.

Q The Donald Elementary School previously white?

A Yes.

Q Engelwood a previously colored?

A Yes.

Q Forest Hill and Glen Oaks Elementary, previously 
white?

A Yes.

Q And Robinson Elementary previously colored?

A Yes.



103

Q In connection with Plaintiffs’ Exhibit 2 which has been 
received in evidence, I believe you stated that you had a 
statement of construction from ’53-54 School Year through 
’64-65 School Year; is that correct?

A Yes, sir.

Q Showing a total of white schools of $784,000.00 and a 
total of colored schools of $941,000.00?

A That is correct.

Q Now, Mr. Nunn, you were asked about recreational fa­
cilities at the previous colored high school, that is, the Fair- 
field Industrial High School. Does it have a stadium?

A Yes, sir.

Q It is located on or continguous to the campus or close 
proximity thereof?

A Close proximity.

Q What is the size and nature of the former colored, that 
is, the Fairfield Industrial High School?

A T o the best of my knowledge, that piece of property is 
about nine acres. Of course, it has a lighted football stadium 
on it. It also has other areas for other types of recreational 
activity.

Q Is that land area of approximately nine acres in addition 
to the land area that you previously testified constitutes a 
part of the campus of Fairfield Industrial High School?

A It is.

Q Incidentally, what is the name of that stadium?

A It is E. J . Holliman Stadium?

Q And for whom was it named?



104

A Named for the principal of Fairfield Industrial High 
School.

Q Is he white or colored?

A Colored.

Q You were asked about the condition or a comparison 
of conditions of Fairfield High School and Fairfield Indus­
trial High School.

Do you have certain pictures you have taken showing 
the conditions of those schools?

A Yes, sir.

MR. BISHOP: Yes, Sir.

I show you a picture which I will ask to be marked as 
Defendant’s Exhibit 1.

(Defendant’s Exhibit 1 re­
ceived in evidence.)

Q Is that an accurate picture of the exterior of Fairfield 
High School?

A Yes, sir; it is.

Q I show you another picture which I will ask be marked 
as Defendant’s Exhibit 2.

Is that an accurate picture of Fairfield Industrial High 
School?

A It is.
(Defendant’s Exhibit 2 re­
ceived in evidence.)

Q Now, does the Fairfield Industrial High School, which 
was formerly the all colored school, have a library?

A Yes.



105

Q I show you a picture which I will ask be marked as De­
fendant’s Exhibit 3.

(Defendant’s Exhibit 3 re­
ceived in evidence.)

Q And ask you if that is an accurate picture of the interior 
of that library?

A It is.

Q Did the Fairfield Senior High School have a library 
facility?

A Yes.

Q How would you compare the Fairfield Industrial High 
School Library facilities with those of the Fairfield High 
School Library facilities?

A I would say when the Fairfield High School was con­
structed in 1928, it was all modern design and adequate. It 
does not compare with the modern design of the library at 
the Fairfield Industrial High School at this time, nor will 
it accommodate as many students.

Q In your opinion, are the facilities of the library at the 
Fairfield Industrial High School presently superior to those 
available at the Fairfield Senior High School?

A Yes.

O I will show you another picture which I will ask be 
marked as Defendant’s Exhibit 4, and I will ask you if that is 
an accurate interior photograph of Fairfield Industrial 
High School?

A Yes, sir.

Q How do those two high schools’ auditoriums compare? 

A About the same size, but the seats are new and modern,



106

whereas, in the Fairfield High School, they are approxi­
mately forty years old.

Q I will show you another picture which I will ask be 
marked as Defendant’s Exhibit 5.

Will you please state to the court and for the record 
what is shown in that picture?

A This is the Foods Department or Home Making area of 
Fairfield Industrial High School.

Q Now, with reference to the high school facilities that 
are available for white and colored, or have been available 
for white and colored at Fairfield, do both the Fairfield In­
dustrial High, and where I refer to that, do you recognize 
and state that was formerly the colored high school?

A Fairfield Industrial High; yes, sir.

Q And the Fairfield Senior High School was formerly the 
white school?

A Yes.

Q Are both of those schools accredited?

A Yes.

Q What do you mean by accredited?

A I mean they are both accredited by the State Depart­
ment of Education and the Southern Association of Colleges 
and Secondary Schools.

Q Do both of those schools have summer school sessions? 

A Yes.

Q Do both of those schools have library facilities which 
you previously have identified and described?

A Yes.



107

Q Do both of those schools have modern lunchroom fa­
cilities?

A Yes.

Q Do both of those schools have gymnasiums?

A Yes.

Q Do both of those schools have a stadium?

A Yes.

Q Insofar as the stadium at the Fairfield Industrial High 
School is concerned, is it equipped both for daytime and 
nighttime outside recreational facilities as they have been 
described?

A They have.

Q Do both of them have guardian counselors or advisers? 

A Yes.

Q Do both of them have personnel whose time is spent in 
the physical education aspects of the school?

A That is correct.

Q How many school personnel do you have for physical 
education in the Fairfield High and Fairfield Industrial 
High?

A Two at each one.

Q Do both of them have Music Departments?

A Yes.

Q Do both of them have Band Directors?

A Yes.

Q You were asked certain questions with reference to the 
Engelwood School.



108

That was formerly the colored school?

A That is right.

Q I will show you a picture which I will ask to have 
marked as the Exhibit next in order.

(Defendant Exhibit 6 re­
ceived in evidence.)

Q Does that represent an accurate exterior photograph 
of Engelwood School?

A Yes.

Q Now, Mr. Nunn, in all frankness, I will show you an­
other picture tvhich I will ask be marked as Defendant Ex­
hibit 7.

What is that picture?

A This is a picture of the urinals in the Boys’ Restroom.

Q It appears to have concrete or something poured in 
them; is that correct?

A Two of the three have been voided from use by the 
maintenance supervisor.

Q And why?

A Because the youth in the community filled the vent 
pipes with slag, and that slag cannot be removed, and we 
cannot install new vents, so we had to take them out of use.

Q Is that due to vandalism and activity of students attend­
ing that school?

A That is correct.

MR. NEW TON: Just a moment.

May I have him on voir dire?



109

T H E CO U RT: No. We will go ahead.

Q I will show you another picture which I will ask be 
marked as Defendant’s Exhibit next in order.

(Defendant’s Exhibit 7 and 8 
received in evidence.)

Q What does that picture show?

A This is the Girls’ Restroom.

Q At which school?

A At the Engelwood School.

Q Mr. Nunn, it appears that on those restroom facilities, 
that the doors have been removed from all except one of 
those facilities; who did that?

A This was done, I assume, by the students in the build­
ing.

MR. NEW TON: We object, if he doesn’t know.

T H E CO U RT: If you don’t know who did it—

Q Did you have an investigation made of it?

A Yes. That was at a time wThen there had been vandal­
ism in the building, and when we discovered it, the doors 
were removed.

Q Does the Engelwood Colored School have, and do you 
maintain modern and adequate lunchroom facilities?

A We do.

MR. BILLINGSLEY: We object to that. That is a con­
clusion. He can testify what type facilities they have.

MR. BISHOP: I will withdraw it.



110

Q Do you have lunch room facilities at the Engelwood 
School?

A I do.

Q I will show you a picture and I will ask that it be marked 
as Defendant’s Exhibit 9.

(Defendant’s Exhibit 9 re­
ceived in evidence.)

Q That an accurate picture of the lunch room facilities at 
that school?

A That is an accurate picture of the lunch room facilities 
at that school.

Q Are they maintained by the County Board of Educa­
tion— I mean, the Fairfield Board of Education?

A Yes.

T H E  CO U RT: Are these offered on the separate but 
equal doctrine?

MR. BISHOP: No, sir. They are offered on the fact 
that contrary to suggestion, actually those facilities have 
been made available to the colored are superior, so they are 
not equal.

T H E  CO U RT: That doctrine was repudiated about 
1954.

MR. BISHOP: We understand, but the trespassers in 
this case, the Department of Justice, has raised that issue 
continuously.

T H E CO U RT: I am glad to receive evidence of the 
good condition of the Fairfield School System.

MR. BISHOP: We won’t go into the others if you don’t 
care to take them up that time.



I l l

T H E  CO U RT: I don’t think that is material to the is­
sues in the case.

MR. BISHOP: Fine. We will defer to going into all 
other school systems to show the facilities available in defer­
ence to your Honor’s suggestion with which we agree. We 
agree that is not the decision.

Q Now, Mr. Nunn, you were asked about playground fa­
cilities that I do want to refer to briefly, and I believe you 
stated that some of the playground facilities had been fur­
nished by the PTA. As a matter of fact, have the various 
PTA groups, or civic groups, made some funds available 
for the Fairfield School System over and above any public 
funds?

A Yes.

Q During the past two years, would you state—do you 
have a document showing the total receipts from civic 
groups outside of the public school funds, and I show you a 
document which I will ask be identified.

(Defendant’s Exhibit 10 re­
ceived in evidence.)

Q Does that document accurately show funds provided for 
school improvements by community citizens organizations 
for the past two years?

A Yes; it does.

Q Showing a total of $42,500.00 raised by the various civic 
clubs?

A Yes.

Q Was that money used in the Fairfield School System? 

A Yes.



112

Q Of that $42,500.00 that was raised by citizens dubs out­
side of any public funds involved, what amount was raised 
by the white citizen groups?

A $40,000.00.

Q Or approximately 95%?

A Yes.

Q Now, were thoes the source of funds that were used, or 
similar funds that were used to equip your playground that 
you were asked about on direct examination?

A That would be part of the contribution from the Parent 
Teacher Association.

Q Mr. Nunn, do you have records available to show the 
court the insured value of school property at Fairfield?

A Yes.

MR. BISHOP: Could we have this identified as De­
fendant’s Exhibit 11.

(Defendant’s Exhibit 11 re­
ceived in evidence.)

Q Mr. Nunn, do you have records available showing all 
school construction improvement and acquisitions since 
1954?

A I believe that is on the sheet of paper that was intro­
duced a few minutes ago.

Q Do you have one showing the insured value, the cost, 
the date of construction, the number of classrooms, and 
the acreage?

A That is the one that was just introduced.

MR. BISHOP: Is that the one you last identified?



113

Q Do you have available documents which would show 
the course of study offered in each school, and the grade and 
enrollment for the school year, 1964-65?

A Yes, I do.

MR. BISHOP: Could we have that identified and re­
ceived as the Defendant’s next in order.

(Defendant’s Exhibit 12 re­
ceived in evidence.)

Q Mr. Nunn, prior to the institution and prosecution of 
this suit, has any application been filed with the Fairfield 
School Board by or on behalf of any colored student for 
transfer to a previously all white school?

A No.

Q By the same token, has there been any application or 
suit filed by or on behalf of any white student to be trans­
ferred to a previously all colored school?

A No.

Q Have all of the applications that have been filed with 
the Fairfield School Board up until this time, been decided 
and determined by the Fairfield School Board, without any 
regard whatsoever to race, creed or color?

A Yes.

Q Is that the policy of the School Board?

A Yes.

Q Mr. Nunn, insofar as the transfers are concerned, in 
your opinion, you have—should transfers be permitted after 
the school term commences?

A No.

Q From an administrative problem, will you state briefly



114

the various reasons why, in your opinion, the transfers 
should not be permitted after the school term commences, 
and by transfer, I mean where a student is enrolled in one 
school and seeks, during the course of that school term, to 
transfer over to another school?

A Because teachers have been employed on the basis of 
assignment to a particular school for a particular subject or 
a particular grade; equipment has been allocated and issued 
on the basis of the estimated number of students for these 
teachers, and thousands of textbooks have been assorted and 
issued on the basis of anticipated enrollments.

Q In connection with the textbooks, which—what is the 
situation now, so far as the Fairfield School System is con­
cerned, with reference to the provision for free textbooks?

A Every youngster in the Fairfield School System will be 
provided books without additional expense.

Q How are those books provided by the Board for the va­
rious students who attend the schools, are they handled 
through the separate schools themselves?

A Yes, under administrative procedure in my office, they 
are assorted and issued and delivered and have already been 
delivered to the individual schools.

Q And are they delivered to the various schools on the 
basis of anticipated enrollments in the various schools?

A That is correct.

Q Are those books delivered to the students, of course, in 
the community or school, and on the basis of the course of 
study for which they have been enrolled in the various 
schools?

A That is correct.



115

Q Now, in addition to that, do you have assigned to the 
various schools the teachers, or the number of teachers that 
would meet the proper teacher-student ratio at the various 
schools?

A Yes.

Q And does the Fairfield School Board contract with the 
various teachers to whom these assignments are made to the 
various schools?

A That is correct.

Q Now, what, in your opinion, would be the further ef­
fects or reasons why the students should be not permitted 
to transfer after the school term commences?

A In my opinion, to reassign or transfer a student for any 
reason after school opens will create academic and admin­
istrative problems which would throw the entire school 
system into a state of confusion.

Q In addition to the teacher assignments, in addition to 
the textbook assignments, and in addition to equipment as­
signments, have desks been allocated to each school on the 
basis of anticipated enrollment?

A Yes.

Q When are all of your textbooks and equipment being 
distributed to the students?

A It will be completed before this week is over.

Q What would be the effect, if you had to up the enroll­
ment, or substantially change the enrollment insofar as 
equipment is concerned, desks are concerned, other equip­
ment and facilities are concerned, and teacher personnel is 
concerned?

A In my opinion, it would place an intense hardship upon



116

both the administrative and maintenance personnel at a 
time o£ the year when the demand is heaviest on their 
services.

Q With reference to your lunchroom program and lunch­
room services, have they been equipped, staffed, and sup­
plied or requisitioned for them on the basis of anticipated 
enrollment of the school?

A Yes.

Q If you had shifts in the enrollment among the various 
schools after the school term commenced, what would be the 
effect on the staffing and equipment and facilities available 
in the various lunchrooms?

A It seems to me we would have loss of food, having to 
move food from one lunchroom to another, and change 
personnel possibly from one lunchroom to another.

Q Mr. Nunn, insofar as your teacher personnel is con­
cerned, does the Fairfield School Board enter into contracts 
with your teachers?

A Yes.

Q Insofar as the processing of those applications is con­
cerned, who originally considers the application?

A They are processed through the teacher to the principal.

Q T o the principal of the various schools?

A Yes.

Q And then who recommends the assignments of those 
teachers?

A The Board of Education has delegated that responsi­
bility to the superintendent.

Q And upon whatwise do you act in that regard?



117

A You mean about the assignment of teacher personnel? 

Q Yes.

A My first consideration is to assign a teacher to the school 
and position where I think she can do the best work, that 
is the basis of my recommendation when I recommend to 
the Board of Education teacher assignments.

Q Insofar as teacher assignments for the coming school 
year, first, have all af your contracts been entered into with 
your various teachers?

A They have.

Q Have all of your teachers been assigned to the respec­
tive schools to offer the course of study?
A Yes.

Q Have those teachers been assigned on a balance of 
proper teacher-student ratio?

A Yes, sir.

Q Have you received a single application, or request, on 
behalf of a colored teacher, to teach in what was formerly 
a white school?

A No, I haven’t.

Q Have you received a single application, or request, on 
behalf of a white teacher to teach in what was formerly an 
all-colored school?

A No, sir, I haven’t.

Q In each instance, with reference to transfers, transfers 
of teacher personnel in your school, first, do those transfers 
emanate from the principal of the various schools affected?

A The transfer of a teacher would emanate with the 
teacher herself.



118

Q Has any colored teacher, or any colored principal re­
quested the County School Board to transfer them to teach 
in a school that was formerly all white?

A That request has not been made of the Fairfield City 
Board of Education.

Q In the event such transfer of teacher personnel was 
made, would that transfer first originate with the teacher, 
or with the principal of the school to which they are pres­
ently assigned?

A The teacher would have to request a transfer.

Q Mr. Nunn, do you have an opinion as to whether teach­
ing personnel should be assigned to a school of another race 
in the Fairfield School System?

MR. NEW TON: I object to that; I don’t think it 
makes any difference what his opinion is.

(Question read.)

T H E  C O U R T : I don’t think it turns on any opinion.

If it presents any obstacles, he may present those.

Q Mr. Nunn, in your opinion, are there any obstacles of 
practical administrative objection to the assignment of 
teachers, teacher personnel to a school of another race?

A I think so.

Q Outline some of them briefly, please, sir?

A In the first place, I think we would be involved with a 
legal matter by contracting for a teacher for a particular as­
signment at a particular school.

Q In your contract with all the various teachers, do you 
contract with them to teach specific subjects in particular 
specified grades, designated schools?



119

A That is correct.

Q Have those contracts already been entered into between 
the Fairfield Board of Education and the various teachers 
involved?

A Yes.

Q Has there been any objection or request on the part of 
any teacher in the entire system to change or modify those 
contracts, with respect to transfer between schools?

A No request.

Q Have those assignments already been made, and the 
contract entered into, with reference to this school year?

A Yes, sir.

Q Have the various teachers been allocated or assigned to 
the various schools on the basis of teacher-pupil ratio, and 
on the basis of their ability to teach particular subjects in 
particular schools?

A That is correct.

Q What are some of the other practical objections, if any?

A Well, in my opinion, there would be resentment on the 
part of both parents and teachers, if a teacher of one race 
was placed in a classroom with children of an opposite race, 
and as you know, the child’s education would be adversely 
affected.

Q In your opinion, what would be the situation with ref­
erence to the involvement of discipline, and I mean by that 
in both races?

A I don’t believe a white teacher could exercise control 
or discipline over a class of colored children, nor neither do



120

I believe that a colored teacher could exercise control or 
discipline over a class of white children.

Q What, in your opinion, would be the result of such con­
ditions, if there were immediate transfers affected?

A I think the instructional program would be broken 
down.

Q As a very practical matter, Mr. Nunn, in the event of 
such transfer, would you have to formulate certain stand­
ards, that is, if there were consolidations and transfers, 
would you, of necessity, formulate certain standards or 
guides as to which teachers would be retained and which 
would be discharged?

A Yes; I think we would.

Q And as a very practical matter, if that was done today, 
what would be the effect of a colored teacher in the Fair- 
field Industrial High School, based wholly and solely at the 
present time on academic status, would it mean a reduction 
in personnel?

A To the best of my knowledge, it—there would be three 
teachers at Fairfield Industrial High School that would have 
to be released.

Q Do they have college degrees?

A No.

Q If you formulate it on a standard of academic training 
or academic qualifications, based on that standard, would 
it mean the immediate dismissal of three teachers that for­
merly taught at the Fairfield Industrial High School?

A I believe it would.

Q Do you desire to do that, or not to do it?



121

A 1 would rather not do it.

Q Now, Mr. Nunn, with reference to the salaries of these 
teachers, would you please state to the court the average 
salary you paid to Negro and White teachers in the ’64-65 
school year, and the salary for which they contracted in the 
’65-66 school year?

A The average salary a Negro school teacher earned dur­
ing the ’64-65 school year was $4,706.92. For white teachers 
it was $4,788.82.

Q What is the average for the contract for the ’65-66 school 
year?

A Salaries which have been set, but which have not been 
put into effect and won’t be until the beginning of the 
school year, but the basis on which I recommended to the 
Board, and based on past experience which they will ap­
prove, the average salary of school teachers for next year 
will be $5,179.53, and for white teachers, $5,148.56.

Q Mr. Nunn, did the Fairfield School System give mental 
ability tests to first year high school students in the 1962-63 
school year, and give the identical test to Fairfield High 
School and Industrial High School students?

A That is correct.

Q Do you have the results of that?

MR. NEW TON: I would at this time like to interpose 
an objection to this document. I do not know under what 
circumstances it was given; we do not know by whom it 
was given; we do not know as of this point how to compare 
those records, and this was in 1962. I say it has no bearing 
on the hearing today.

MR: BISHOP: Judge, it would mean this, based upon



122

these tests, if you have wholesale transfers, it will just mean 
that you will have one of those inevitable consequences inso­
far as the Fairfield system is concerned.

MR. NEW TON: I have no knowledge that that was 
given fairly.

MR. BISHOP: Excuse me. Are you through?

T H E CO U RT: Go ahead.

MR. BISHOP: I want him to get through, Judge.

T H E  CO U RT: Address your remarks to the court and 
make your objection.

MR. BISHOP: It would have one or two consequences.

Number one, it would mean the downgrading of all 
students in this school in these particular grades to meet the 
average or mean intelligence quotient of mutual capacity or 
ability, or it will mean wholesale dropouts or failures in this 
particular system.

T H E CO U RT: I will sustain the objection. I think the 
Court of Appeals in a case recently decided to rule against 
those contentions.

MR. BISHOP: Does your Honor read the Court of Ap­
peals decision as holding if the results of these tests which 
were suggested in the Brown case was given, and it shows 
either a downgrading or wholesale failure would be imma­
terial?

T H E CO U RT: They brought a number of experts in 
to show the effect it would have on children, and the Judge 
went along with that theory and he was reverse.

MR. BISHOP: It deals with this particular school sys­
tem and the school system is not related to the Swedish



123

School System or Midwestern School System or any except 
Fairfield School System.

T H E CO U RT: I will sustain the objection.

We will take a twenty minute recess.

(Mid-morning recess.)

G. V IR G IL NUNN,

thereupon resumed the witness stand, and testified further 
as follows:

CROSS EXAM INATIO N—continued

Q (BY MR. BISHOP:) Mr. Nunn, has the Fairfield School 
Board had a survey made by any independent agency dur­
ing the past few years of school needs and school recommen­
dations?

A Yes, by the University of Alabama.

O Do you have a copy of the results of that study?

A Yes; we have a copy.

MR. BISHOP: May we have it marked as Defendant’s 
next exhibit in order.

(Defendant’s Exhibit 13 re­
ceived in evidence.)

Q Have there been any other studies or surveys with ref­
erence to school needs or recommendations from any inde­
pendent agency?

A No other.

Q Have all of the recommendations contained in the sur­
vey report and study of the University of Alabama to the 
Fairfield School Board relating to both white and colored 
schools been complied with and completed?



124

A That is correct.

Q You mentioned previously plans were already on the 
drawing board for the construction of a new Junior High 
School in Fairfield; is that correct?

A Yes, sir.

Q Where will it be constructed, or will it be additions and 
remodeling of the Interurban School, or new facilities?

A It will be a completely new structure making use of 
some portions of the existing building.

Q Do you have architect plans and specifications already 
for that building?

A We have the preliminary plans.

Q Has the appropriation of money been earmarked for 
that building?

A Yes.

Q When will it be completed?

A It will be ready for occupancy in 1966.

MR. BISHOP: That is all we have.

T H E  CO U RT: Any other questions?

MR. LANDSBERG: Yes, Your Honor.

MR. BISPIOP: I thought the plaintiffs were through.

MR. LANDSBERG: I am not the plaintiff. I am in­
tervener.

T H E  CO U RT: Yes, he was intervening.

You can go head, sir.

MR. LANDSBERG: I would like to have this marked



125

as Intervenor’s Exhibit 1.
(Intervenor’s Exhibit 1 
received in evidence.)

CROSS EXAM INATION

Q (BY MR. LANDSBERG:) Mr. Nunn, I show you In­
tervenor’s Exhibit 1 and ask you if you can identify that, 
please?

A Yes; I can identify it.

Q What is it?

MR. BISHOP: We object to the document that trig­
gered the intervention, may it please the court. I don’t think 
that has anything to do with the case; we object to the docu­
ment that triggered the intervention.

T H E CO U RT: What is the object of this? What is the 
document, anyhow?

MR. LANDSBERG: Your Honor, Mr. Nunn testi­
fied—

T H E CO U RT: This is a petition for desegregation of 
the school system?

MR. LANDSBERG: Yes.

T H E  CO U RT: Overrule the objection.

Q Would you tell the court what intervenor’s Exhibit 1

is, please?

A It is a petition for desegregation of the Fairfield School 
System.

Q And when was that petition received by the Board?

A This letter of transmittal is dated May 17th. I assume it 
was received shortly after that date.



126

Q And what was the Board’s action in response to that pe­
tition, Mr. Nunn?

MR. BISHOP: The record would be the best evidence.

T H E  C O U RT: I will overrule the objection.

A The Board acknowledged receipt of the petition and 
ordered it filed.

Q Did the Board take any steps at that time to initiate de­
segregation of the school system?

MR. BISHOP: I object, may it please the court, it does 
not appear it was filed on behalf of any student and does not 
appear whether it emanated from Alabama, New York, 
Los Angeles or Chicago.

T H E  CO U RT: Overrule the objection.

Q Would you answer the question, please?

A Will you restate it.

MR. LANDSBERG: Mr. Reporter, will you read it 
back?

(Question read.)

A No.

MR. BISHOP: May the record show who sent it, please.

T H E  CO U RT: It was the NAACP, wasn’t it?

MR. LANDSBERG: Yes, Your Honor.

T H E  CO U RT: The record will indicate that the 
NAACP forwarded it.

MR. NUNN: It is not true also in 1954, the Board of 
Education received from the NAACP, and a group of Negro 
parents, a petition for desegregation of Fairfield Schools 
and took no action on that petition also?



127

A To the best of my knowledge, the Board of Education 
received a petition from the group you identified, but I 
have no knowledge it was for desegregation of the school 
system. In my opinion, it had to do with facilities.

Q What action was taken by the Board of Education on 
that petition?

A A lawyer was retained to advise the Board on the case. 
The petition was turned over to the attorney and we heard 
nothing else from the case.

Q The Board felt it was necessary to retain a lawyer when 
it received a petition relating to facilities?

MR. BISHOP: We object to that, may it please the 
court.

T H E CO U RT: Sustain the objection.

Do you have a copy of the petition or paper?

MR. LANDSBERG: No, Your Honor. The Attorney 
to whom Mr. Nunn turned the petition over was unable 
to locate it.

MR. BISHOP: So the record might be abundantly 
clear, can it show it was not me?

I am not asking to divulge who it was, it was not my­
self.

MR. LANDSBERG: I would like to have this marked 
as Intervenor’s Exhibit 2.

(Intervenor’s Exhibit 2 
received in evidence.)

MR. LANDSBERG: Those are the Minutes.

MR. BISHOP: We object to cluttering up the record 
with a copy of what appears to be sheets of Minutes of



128

Fairfield School Board from 1950 to 1965.

T H E CO U RT: What are you attempting to prove 
by that?

MR. LANDSBERG: The Minutes of the Board of 
Education are interspersed with items that the Intervenor 
believes are relevant as to the issues of good faith of the 
Board; as to the issues of administrative difficulty as to 
the issue of disparity of schools, and rather than try to 
extract those and possibly present an unfair picture, we 
propose to submit the entire Minutes.

T H E CO U RT: I will sustain the objection. I think 
we are trying a matter here—this School Board has been 
segregated, and there seems to be no contention about it, 
and the whole question, in the Court’s mind, is how far 
the court should go in this hearing. In other words, they 
have had a segregated school system out there.

MR. LANDSBERG: The Intervenor believes that the 
three issues which we mentioned are all relevant to the 
question of the speed of desegregation, and also the matter 
of desegregation. The Minute Book also contains items 
concerning the transfer procedures and regulations which 
Negro students will be required to follow under the plan. 
The plan enforces the regulations of the Board.

MR. BISHOP: If the court pleases—

T H E CO U RT: I think really we should proceed on 
the objections to the plan here. We can continue to hear 
evidence on this thing. The Court is going to enter an order 
in this case, it has to, under the mandate of the Appellate 
Court. We have very little discussion left in the matter 
and they come back and say you follow these cases, and 
we are going to follow the cases, as far as we can, because 
we are required to. I think the thing gets down to the



129

question here of submitting a plan, and in what particu­
lars should this plan be changed, if any.

We could spend a lot of time trying these issues. 
Really, it seems under the decision, the question revolves 
itself on whether it should be extended over three years 
or four years. The formula set out in the opinion indicates 
the three year plan and they have submitted a three year 
plan, but the grades run in conformity with the indicated 
plan in the opinion.

If you have some matter you want to establish, maybe 
they would agree on it. I don’t know what particular mat­
ter you want to present.

MR. LANDSBERG: Your Honor, in this case, the 
Intervenor would like to present evidence relating to the 
manner of desegregation; in other words, the actual opera­
tion of the transfer plan that is proposed by Mr. Nunn or 
by the Board, and further, the Intervenor would like to 
proceed with evidence relating to the disparity in the school 
system because it is the Intervenor’s contention that as to 
certain schools in the system, the law requires that all stu­
dents attending those schools be given an opportunity to 
transfer.

T H E CO U RT: That is what we propose to give you here.

MR. LANDSBERG: The Intervenor, for example, be­
lieves all Negro students in the seventh and eighth grade 
should be allowed to transfer to the white Junior High 
School, if they wish to apply, on the grounds that the 
seventh and eighth grades in the Negro Schools, the stu­
dents in those grades, are not offered the courses offered 
and are available in the white Junior High School. And 
the facilities that are offered them are inadequate, and in 
one of the white—one of the Negro Junior High Schools,



130

the students only have two teachers, whereas, in the White 
Junior High School, there are fifteen teachers who are 
trained in specialized subjects.

T H E  CO U RT: What grades are involved there?

MR. LANDSBERG: The Seventh and Eighth, Your 
Honor.

T H E  C O U RT: This formula puts the Eighth Grade 
in the second year and the Seventh Grade in the first year?

MR. LANDSBERG: Your Honor, in the Jackson and 
Denison cases, there was no evidence, as far as I know, on 
the question of disparity among the schools, and it is the 
Intervenor’s contention that in addition to the grades that 
are required to be desegregated under the Jackson and 
Denison cases, further grades must be desegregated where 
proof of disparity is presented.

T H E  C O U R T : You are talking about all the Seventh 
and Eighth Grades at this juncture?

MR. LANDSBERG: The Seventh and Eighth Grades.

T H E  CO U RT: Since the Seventh Grade is the first 
grade of Junior High, it seems that would fall in the first 
year, now, so we would have only the Eighth Grade left.

MR. LANDSBERG: Yes, Your Elonor.

T H E  CO U RT: Interrogate him about the Eighth 
Grade if you wish to do so.

Q Mr. Nunn, how many Junior High School Teachers 
are there in the Engletvood School?

A I believe you just stated there were two.

Q How many are there?

A To the best of my knowledge, there are two teachers



131

to serve 35 to 40 students, which is a much lower average 
than the teachers up at Fairfield Junior High School.

Q And is it not true, Mr. Nunn, that the course of Home 
Economics and Industrial Arts are not offered at Engel- 
wood School, but are offered at white Junior High Schools?

A That is correct, Mr. Landsberg. We have admitted 
that and are in the process of doing something about it.

Q Are there any plans—I withdraw that.

Is it not true, Mr. Nunn, you testified on the deposi­
tion there were no plans for removing the Seventh and 
Eighth Grade, or changing the Seventh and Eighth Grade 
at the Engelwood School in any way?

MR. BISHOP: We object to whether he testified on 
deposition unless he is shown the testimony.

T H E  CO U RT: Overrule the objection.

A The fact that I testified there were no plans at present 
does not preclude the fact that there won’t be plans in 
the future.

Q But there are no plans at present, are there?

A No.

Q Mr. Nunn, in the white high school, is it not true that 
students at that school are offered diversified education, 
distributive education courses, rather, diversified occupa­
tion courses and a commercial course, and that none of 
those courses are offered at the Industrial High School?

A That statement is not true.

Q What is?

A Students at Fairfield Industrial High School are of­
fered a commercial course, and they—



132

Q Is there a business machines course offered at Indus­
trial High School?

A There is a typewriting course and shorthand course. 

Q Is there a business machines course?

A No, sir; I don’t believe there is.

O Is there at Fairfield High School?

A Not labeled as such; no.

Q But there is a course in which students are taught the 
use of business machines, is that correct, at Fairfield High 
School?

A Before I could answer that, you will have to be specific 
about what you mean by business machines?

Q Adding machines, calculating machines?

A Those two machines are available. In all fairness, I 
think the other part of your question should be explained. 
You referred to diversified occupations, too.

Q Would you explain what you mean?

A Yes; I will. At Fairfield Industrial High School, they 
had a course in diversified occupations and distributive oc­
cupations, but because of insufficient students to continue 
it, the State Department discontinued the course.

Q Were there any students who wished to continue it?

A Not sufficient number to continue the course.

Q Were there any students who wished to continue it?

A I suppose there might have been four or five. That is 
the number we had in the course when it was discontinued.

Q I show you Intervenor’s Exhibit 3 and ask you to 
identify it?



133

A We have a report similar to that. That seems to be 
one of our annual attendance reports that we are required 
to submit to the State Department of Education.

Q And for what year?

A ’64-65.

MR. LANDSBERG: Your Honor, I offer that in evi­
dence, Intervenor’s Exhibit 3.

T H E  CO U RT: What is the object of these attend­
ance reports?

MR. LANDSBERG: The reason for doing that, Your 
Honor, is that the Intervenor has attempted to summarize 
the documents, and Mr. Bishop has introduced into Tables, 
and we also wish this document as a basis for our summary.

T H E CO U RT: There is no objection to it, I don’t 
believe.

MR. BISHOP: Yes, sir. I don't see the materiality.

T H E CO U RT: I will overrule the objection.

(Intervenor’s Exhibit 3 
received in evidence.)

MR. LANDSBERG: Your Honor, I would like to 
give to the Court, not as an exhibit, but merely as an aid, 
the Tables which we have prepared, all of which are based 
on documents already in evidence. The first Table shows 
the enrollment by grade, by race, at the Fairfield School 
System, and it is taken from Intervenor’s Exhibit 3.

The next Table summarizes the capacity in enrollment 
in each school and indicates which schools are over and 
under classification.

T H E  CO U RT: You are not offering these, you are



134

just offering the tables.

MR. LANDSBERG: Yes, Your Honor.

T H E CO U RT: This is just for the Court’s informa­
tion?

MR. LANDSBERG: Yes, sir.

T H E  CO U RT: That is sort of in the state of sus­
pended animation. It is in and it is not in.

MR. LANDSBERG: That’s right, Your Honor.

The next chart shows the pupil-teacher ratio for each 
school system.

The next Table summarizes the insured values of the 
schools.

The next Table is a summary of the—

MR. BISHOP: These are not being received in evi­
dence?

MR. LANDSBERG: That is correct.

The next Table is a summary of the elementary 
schools showing the enrollments, the amount over and un­
der capacity and teacher-pupil ratio—and the last item is 
not yet in evidence, but we propose to present it to the 
Court this morning.

The last two charts are similar charts for the Junior 
High Schools and the High Schools.

Your Honor, I want to clear up one or two points 
relative to Mr. Bishop’s cross-examination of Mr. Nunn.

Q Mr. Nunn, I show you Plaintiffs Exhibit 1 and ask 
you what is the capacity figure that is shown in that ex­
hibit based on?



135

A 'The capacity in the elementary schools, as I recall, was 
figured on the basis of thirty-five per school room.

Q And in the Junior and Senior High Schools?

A I believe it was figured on thirty students per room.

Q I now show you Plaintiff’s Exhibit 2 relating to the 
construction from the 1953-1954 School Year. You will 
note that the sixth item down is labeled Robinson School, 
four room addition. When was that addition built, Mr. 
Nunn?

A The Minute Book would substantiate the facts. My 
memory tells me about 1957.

Q Looking at Defendant’s Exhibit 11, could you locate 
that building and tell me when it was built?

A The four room addition was an addition to the oldest 
of the two buildings at Robinson School. Now, you have 
here Robinson School original building.

Q And below that, Mr. Nunn?

A Robinson School Addition.

Q Is that the same—is that the addition that is referred 
to in Plaintiffs Exhibit 2?

A I am of the opinion that it is.

Q What is the date that you gave in Defendant’s Exhibit 
11?

A 1951. I stated a few moments ago I would have to use 
my memory. I can substantiate the date in the Minute Book 
if you care to delay the case that long.

Q Looking further at Plaintiffs Exhibit 2, Mr. Nunn, 
how many entries do you see for the Forest Hill Elementary 
School?



136

A One.

Q And how many entries do you see on Defendant’s Ex­
hibit 11?

A I see two.

Q And is the second entry of $100,000.00 addition that 
was built in 1954-1956?

A That is the figure that is on this chart. During that 
two or three year period, ’54-56, there were two additional 
wings constructed to the Forest Hill Elementary School.

Q Mr. Nunn, what are the procedures for students from 
outside Fairfield to enroll in the Fairfield Schools?

A They report to the school serving their district for an 
application plan.

Q And does the Fairfield Superintendent or Board then 
rule on those applications?

A The principal submits the application to the superin­
tendent for a decision. The principal enrolls the students 
temporarily or permanently, unless the superintendent dis­
approves the application.

Q And what are the criteria for approval or disapproval?

A That you have to live within a certain school zone.

Q And if they live in that school zone, they will be ad­
mitted; is that correct?

A That has been the policy in the past.

Q The school board has established an attendance zone; 
is that correct?

A We have been operating on the basis of attendance 
zones.



137

MR. LANDSBERG: Your Honor, in order to save 
some time, I would like to have marked and offered into 
evidence the deposition taken by the Intervenor, along 
with the map which was marked in the deposition.

T H E  CO U RT: All right.

(Intervenor’s Exhibit 4 
received in evidence.)

Q Mr. Nunn, do you recall marking on the map which 
is part of Intervenor’s Exhibit 4, areas which were pre­
dominately white and predominately Negro?

A Yes.

Q Do those areas substantially correspond with the at­
tendance areas which the Board Iras adopted?

A Yes, they generally correspond.

Q Mr. Nunn, for first graders entering the school in 
Fairfield, do you have a pre-registration?

A No.

O How does a first grader enroll in school?

A The same as every other student enrolls. The only 
difference being normally one parent, at least, accompanies 
that child to school.

Q And what does he do when he gets to the school?

A They are grouped together and taken to a room and 
given instructions.

Q Do they fill out any forms in the school?

A I am sure they do.

Q Has the Board adopted any forms for first graders to 
fill out when they report to school?



138

A They use the same form that all other students use, 
which is an enrollment card, filled out by a parent, of 
course.

Q And does the superintendent rule on whether that 
child should attend that school?

A The parents of that child make an application for en­
rollment just as any other student does, and the superin­
tendent rules on all of those application forms.

MR. LANDSBERG: I would like this marked as In- 
tervenor’s Exhibit next in order.

(Intervenor’s Exhibit 5 
received in evidence.)

MR. BISHOP: Can we have the initials identified 
and we will have no objection to it? There are some extra 
markings. It says Fairfield, Alabama, School Board, B.H. 
173155 and the initials, if we can have that identified.

MR. LANDSBERG: I couldn’t tell you.

MR. BISHOP: If we have that information of that 
surplusage on there, if we could have the identification, 
we have no objection.

Q Did you bring with you today an application for as­
signment or transfer of pupils?

A I believe I have one.

MR. LANDSBERG: Your Honor, I believe it would 
save time if we could use Intervenor’s Exhibit 5.

MR. BISHOP: We have no objection to it.

We would like to have the indentification of that 
surplus over there, if the initials and so forth could be 
identified.



139

MR. LANDSBERG: I would like to mark, please, as 
Intervenor’s Exhibit 6, this document.

MR. BISHOP: No objection.

(Intervenor’s Exhibit 6 
received in evidence.)

Q Mr. Nunn, will you tell us what Intervenor’s Exhibit 
6 is?

A Yes. This is an application for assignment or transfer 
of pupils for the Fairfield City Board of Education, Fair- 
field, Alabama.

Q Is that the sort of form that is used in enrolling first 
graders?

A This is a form that all students have to fill in when 
going to a school for the first time, be they first graders, 
seventh graders, or twelfth graders.

Q What is done with the form after it is filled in?

A It is handled by the principal of each school. I would 
assume that the principal issues instructions on how to 
handle these forms. The principal gets them together and 
brings them to my office for my action.

Q And all—is this done at the beginning of the school 
year?

A This is done at any time of the school year when a 
child enters the school for the first time.

Q So, the vast majority of them would be at the beginning 
of the school year; is that correct?

A I think that is a true statement.

Q When they come into your office, what sort of review 
do you give those forms?



140

A I look at each one of them myself.

Q You have processed as many as two hundred or three 
hundred forms in one day, isn’t that right?

A I expect I have, up into the late hours at night.

Q And when you look at the forms, what are you looking 
for?

A The residence of the child.

Q Are you looking for anything else?

A Well, I think every item on this form is of interest to 
the superintendent.

Q If the form is not entirely filled out, does that make 
any difference?

A I should certainly think it makes a difference. There 
again it is up to the principal to process these forms. Some 
do a better job than others.

Q Suppose, for example, that the blank for race were left 
blank. Would that influence you in your decision in going 
over those forms?

A I don’t believe it would since I have stated that I am 
more concerned with the address of the child than with 
any other item.

Q What if the names and ages of brothers and sisters 
were left out, that wouldn’t influence you, would it?

MR. BISHOP: May it please the court, we object to 
that question. It is perfectly natural that a child would 
want to go to the school his brothers and sisters were at­
tending, and it is perfectly natural a school board would 
give consideration to those factors. If you have six children 
in one family, and five of them were attending one school,



141

it is apparently natural the sixth child would want to go 
there.

T H E CO U RT: What is your question?

MR. LANDSBERG: I wondered whether it would 
make any difference to the superintendent in reveiewing 
the forms, whether the names and ages of brothers and 
sisters were left blank?

A Yes. I think it would make a difference.

Q What would you do with the form if that question was 
left blank?

A I would assume that he had no brothers and sisters.

Q Then you would rule on it without further question; 
is that correct?

MR. BISHOP: We object to that. If investigation 
shows he made a false entry—

T H E CO U RT: I think we are dealing in a hypo­
thetical matter that is not material.

I will sustain the objection.

Q Mr. Nunn, have you ever rejected an application for 
assignment to the first grade?

T H E CO U RT: Do you take applications for assign­
ment to the first grade?

A Yes, sir.

T H E CO U RT: They have to fill out a form, the 
parents?

A Yes, sir.

T H E CO U RT: They enroll in the first grade?

A Yes, sir.



142

T H E  CO U RT: The first grade student is in a little 
different category from one in the second grade. He doesn’t 
file for a transfer, the first grade student does not?

A My answer was when a child enters a school for the 
first time, he is required to enroll by this form. If a child 
was in the first grade last year and is going to enter the 
second grade this year, the State Department of Education 
has ruled his report card from last year is adequate—is 
evidence of his application.

T H E  CO U RT: His application for attendance to re­
turn to the school this year?

A Yes, sir.

T H E CO U RT: But you wouldn’t process, in advance, 
a transfer of a first grader, one that had never entered the 
school system before?

A We don’t normally process in advance a transfer for 
anyone, Your Honor.

T H E CO U RT: Do you have any requirements with 
respect to time for making transfers now?

A No, sir. We have a set date for the opening of school, 
and, of course, at that time, the majority of the applica­
tions are filed, but if a child moves into the City of Fair- 
field after the first week of school, he has to follow the 
same procedure that he is entering a Fairfield School the 
first time.

T H E CO U RT: The reason I asked that question, I 
notice in the proposed plan you have for next year and the 
following year, the application for transfer will be accepted 
during May 1st to May 15th.

Does that requirement hold now, do you require that 
now from anybody, such a restrictive time as that?



143

A No; we do not, but it is my understanding that the 
statement you are referring to is a guideline from some 
other headquarters.

T H E CO U RT: That is like this absentee voter law. 
You have to qualify the first of March to vote in Novem­
ber. Not many people know where they are going to be 
in November.

I wonder what is the necessity of having such a re­
stricted period of time?

A Your Honor, I have wondered the same thing. I noticed 
the Jefferson County Board of Education ran an advertise­
ment in a newspaper setting out these times, the dates and 
so forth for the benefit of the public.

T H E CO U RT: Was this incorporated in the Bir­
mingham and County Board of Education Plans?

A Yes, sir.

T H E  CO U RT: I don’t know, they may have one of 
the—the Court of Appeals has left us in the dark. It may 
be one of the reasons why the plan was rejected.

MR. BISHOP: Your honor refers to the time of filing 
application to transfer?

T H E CO U RT: For next year and the following year. 
I realize this year you have got to have some lines on it 
because of the impending school term coming up.

MR. BISHOP: With the indulgence of the court and 
counsel, I can explain why it was selected.

T H E CO U RT: All right.

MR. BISHOP: It was selected with the sincere thought 
to accord to everybody sufficient time after all the adver­
tisement in the paper and other media, it afforded to all



144

people sufficient time within which to file applications, 
and it also was recommended so that they could be pro­
cessed by some personnel before they depart for the sum­
mer recess.

Most of the teachers are gone during the summer 
period and a large part of the administration.

The third reason is so they could be acted on before 
the commencement of the next school year, so that both 
the student and parent would know exactly which school 
they were going to attend during that year, and, of course 
—fourthly, if there was any reason of disagreement with 
the determination that might be made by the administra­
tive personnel or superintendent, or both, any differences 
between the applicant and the board with reference to 
that particular application, could be determined prior to 
commencement of the school year in an orderly and 
thorough fashion, so that the student, and, likewise, the 
parent, would not be discommoded in their plans with 
reference to the attendance of the next school term.

T H E CO U RT: You haven’t had a restriction on trans­
fers heretofore?

MR. BISHOP: Those were the four reasons that for­
mulated it.

With reference to transfers that have been acted on, 
in the past, I believe the record will show with dispatch, 
as far as the Fairfield School is concerned, and application 
to transfer from a Negro School to a white school, has not 
been made.

T H E  CO U RT: If you had a transfer from one Negro 
School to another, what is that?

MR. BISHOP: It will be prior to the last day of school,



145

the term then concluding.
For example, if a student wants to transfer schools 

before the school recess on or about June 1st, he would 
file his application to transfer, and that application would 
be acted upon during the summer months, and these other 
four matters would be determined, and he would be ready 
to attend the school of his choice on September 1st.

MR. LANDSBERG: I think Mr. Nunn would state 
that is not entirely correct.

MR. BISHOP: Whatever the situation is, I would 
like for him to state it.

T H E  CO U RT: What is the situation?

A Judge, I am a little bit confused in the question at 
issue.

T H E CO U RT: Why has such a restrictive period of 
fifteen days from May 1st to 15th been required? You re­
quire that the transfer be requested within that period of 
time, will be accepted during May 1st to 15th?

A My reaction to that point would be we are moving, it 
seems, from a segregated school to an integrated school 
system, and the rules of the game are just going to be dif­
ferent in the future from what they have been in the past.

MR. BISHOP: May I make one other observation, 
and it was my failure to recall the fifth point.

In addition, another reason for the applications being 
filed within that period, that is the period specified, May 
1st and 15th, and acted upon, if possible, before termina­
tion of the school year, it enables the Board of Education, 
administratively, to determine the number of teachers they 
will need in the various schools, the number of textbooks 
under the free textbook act, and have those available for



146

students, in order that they can assign to the students the 
equipment and so forth that will be necessary; in order 
they can make such shifts of school population that might 
be necessary between schools, and make those shifts of 
school teacher personnel, teaching personnel and equip­
ment, and also, specifically, assignment of desks.

T H E C O U R T : When do you secure your teachers? 
What is the deadline of their contract?

A As soon as a vacancy occurs during the spring of the 
year, we make an effort to start filling that position,

T H E  CO U RT: The contracts you have, are they con­
tinuing contracts, or do you sign up every teacher every 
year?

A The new teachers coming into the system for the first 
time, sign a new contract. The State tenure law provides 
a teacher is on a continuing contract until notified to the 
contrary, or before the last day of school.

MR. BISHOP: In direct answer to the court’s ques­
tion, the Alabama Teacher Tenure Law provides that un­
less there is some disposition made prior to the last day 
of school, which we will say is on or about June 1st, that 
the teacher continues under the Teacher Tenure Act.

A separate contract is entered into with the teacher on 
each year and they are signed up on a contract on a yearly 
basis, and that is true with the Fairfield System, and that 
is another reason for that proposition.

T H E C O U RT: We are running out of time. Go 
ahead.

MR. LANDSBERG: I have two more witnesses whom 
I wish to put on for a very short time.



147

T H E  CO U RT: Are you finished with Mr. Nunn?

MR. LANDSBERG: I will try to finish quickly.

Q Are you familiar with the plan for desegregation which 
was submitted to this Court for the Fairfield Schools?

A Yes.

Q Do you have a copy of that before you?

A I don’t believe I have a copy.

Q Looking at the first paragraph, Mr. Nunn, the first 
sentence says all applications filed in accordance with exist­
ing regulations of the Board on or before August 30th will 
be processed.

Will you tell us what the existing regulations of the 
Board are that are referred to?

A la m  looking at a copy of the existing regulations, and 
I have them. I have here two pages, single spaced, type­
written.

T H E CO U RT: Do they have anything to do with 
the assignment of students by race?

A No, sir; I don’t believe the word race appears in these 
regulations.

T H E  C O U RT: Does it have anything to do with 
transfers, as far as you know?

A Yes, sir. The Board has delegated to the superintendent 
full authority to supervise the enrollment and transfer of 
students.

T H E  CO U RT: Of course, that authority would be 
limited by what this court does in approving the plan?

A I understand that, sir.



148

T H E  CO U RT: Is there anything else in there? Do 
you have any particular thing?

MR. LANDSBERG: I think it is relevant to establish 
what the Board’s practices have been in the past with re­
spect to these regulations. For instance, regulation number 
six provides the superintendent may, in his discretion, re­
quire interviews with the child, the parents or guardian, 
and so forth.

O Is that correct, Mr. Nunn?

A You are reading correctly from the regulations.

Q Have you ever conducted such investigations?

A I have never had an occasion to.

T H E CO U RT: How old are these regulations?

A They were adopted March 19, 1959.

T H E CO U RT: Anything you have in those regula­
tions would be modified to the extent that this plan is 
approved.

MR. LANDSBERG: Your Honor, the plan specific­
ally states all applications filed in accordance with existing 
regulations of the Board, and I think it is, therefore, im­
portant to establish what those regulations are.

T H E COLTRT: He has indicated what some of them
are.

MR. LANDSBERG: The second point, Your Honor, 
is I don’t believe that many of the provisions of these regu­
lations have actually been used by the Board. For instance, 
Mr. Nunn testified just now that he has never made such 
investigation, because he has never had occasion to, and 
it is the Intervenor’s contention that the Board cannot now 
in the future make such investigations of Negro students



149

applying to white schools.

MR. BISHOP: May I respectfully inquire is it the 
position of the Department of Justice no inquiry could 
be made with reference to any proposition, that is, charac­
ter, mental condition, physical condition, of any student, 
white or colored, that applies?

T H E  CO U RT: There must be some discretion left 
in the superintendent. In other words, he is just a figure 
head, if the doesn’t have some discretion.

MR. LANDSBERG: Your Honor, the Intervenor’s 
position is it is relevant to a—students character is irrele­
vant in deciding whether he is to attend Fairfield In­
dustrial School or Fairfield High School. Both schools will 
presumably have the same character requirements.

T H E CO U RT: Suppose he is an incorrigible, should 
he be admitted to the school?

MR. LANDSBERG: No, Your Honor. There may be 
occasions when investigation would be justified.

T H E  CO URT: He says he hasn’t used them, and I 
think this could be modified to some extent.

Q Going down paragraph one, Mr. Nunn, is the clause 
so that a decision may be made for either approval or re­
jection of such application for the term commencing in 
September, 1965, without discrimination as to race, or 
color. When will that decision be made?

A Sir, I am still looking at the rules and regulations. 
Are you reading from another sheet at the present time?

O From the plan, the last clause in paragraph one of 
the plan?

A Will you restate your question?



150

Q Yes.

When will the decision be made as referred to in 
that clause?

A I would say immediately, as soon as practicable after 
the receipt of the application.

Q Will it be made immediately?

T H E CO U RT: It would have to be. When does the 
school begin?

A The first day of September.

T H E  CO U RT: You have one day. August 30th, the 
application must be in by that time, the last application, 
and then you will have to decide by September 1st?

A That is correct.

T H E  CO U RT: I think we could pass on. That would 
seem to be with sufficient promptness.

Q Now, under paragraph two, you state an application 
may be made by the parents for the child’s assignment to 
any school. Does the Board contemplate both parents must 
make the application?

A. In accordance with present regulations.

O Has the Board in the past accepted applications from 
students who—which were only requested by one parent?

A In some instances, yes. I am sure there were extenu­
ating circumstances.

Q What are the Board’s office hours, when an application 
may be filed?

A An application may be filed, I believe this document 
says, 600 Valley Road, Fairfield, Alabama.



151

Q What are the Board’s office hours?

A From 8 o’clock in the morning until 4:30 in the after­
noon, five days a week.

Q Would the Board consider it an extenuating circum­
stance if one parent was working five days a week?

A Are you directing your question to the signing of the 
application?

Q Yes, sir.

A Well, in the vast majority of cases, we have both pa­
rents’ signatures. There again, a superintendent has to 
delegate the responsibility to see that the forms are pro­
cessed properly to the principal of the school.

Q If only one parent accompanies his child to school 
on the first day of school, and no application is made by 
a Negro child to a white school, that Negro child will be 
enrolled in the Negro School, won’t he?

A My relationship to assignment and enrollment is based 
on the application before me, and when he applies for ap­
plication for enrollment for a certain school, I will act 
upon that application.

Q And if only one parent has signed, it, you will reject 
it unless there are extenuating circumstances?

A I don’t believe I said that.

T H E  CO U RT: Suppose one parent wants to take the 
child one way and another another. What would you do?

A I think I would take it to the Court of Domestic Rela­
tions.

T H E CO U RT: It may be one parent has deserted 
the family and gone, and you would have to consider that,



152

and there are so many cases, I believe you will find the 
superintendent has to cut his pattern to suit the case and 
not apply the general pattern to every case.

Q It doesn’t seem possible every child who enrolls in the 
first grade is accompanied by both parents on the first day 
of school. If that is true, then he will be assigned to a 
Negro School, his application to a Negro School will be 
accepted or his application to a white school will be ac­
cepted?

A May I make a statement? I don’t believe this form re­
quires both parents to accompany the child to school.

T H E CO U RT: It only inquires both parents sign. I 
think that is a reasonable requirement. If both parents do 
not sign the application, then there would be some question 
about whether or not the father and mother want the child 
to go to that school.

MR. LANDSBERG: I would think that would be 
true, no matter whether the child applied to a white school 
or Negro school.

T H E CO U RT: You are proceeding on the assump­
tion that they are going to decide everything against the 
Negro children and decide everything for the white chil­
dren, and I don’t believe they are going to do that under 
the injunctive processes of this court.

MR. LANDSBERG: Your Honor, I am not proceed­
ing under that assumption.

T H E CO U RT: Give them credit for acting in good 
faith to some extent. It is not all going to be one sided, I 
am sure, at least, as long as they are acting under the orders 
of the Court. In other words, there has got to be some dis­
cretion left in a superintendent, otherwise, he is not a



153

superintendent, we might as well do away with the job and 
let it run of its own accord.

MR. LANDSBERG: What our contention is, merely 
the procedure to be applied for students applying for trans­
fer from one racial system to another should be the same 
as the porcedures already used for enrollment or transfer 
within a racial system.

T H E CO URT: I presume that as a general principle 
should be true, but you have got, after all, we do have 
this question of desegregating the schools at this juncture. 
That presents some problems. If it didn’t present any prob­
lems, we would not be concerned about this case today.

Since it does not require the parents to accompany, I 
do not think that is a very valid objection to this plan. I 
can see why the father may be working and he wouldn’t 
want to lose a day’s work to take a child to school. That is 
not required.

MR. LANDSBERG: It isn’t as to students in the 
higher grades, but as to students in the first grade, it ap­
pears the application has to be made by the parents at the 
time the child tries to enroll.

MR. BISHOP: He can sign it at home or on the job.

MR. LANDSBERG: The parents are not furnished 
with forms in advance.

T H E CO U RT: The form will be available. I don’t 
think the superintendent is expected to take it to the home. 
It gives you the address where the applications can be filed, 
all applications filed in the office of the superintendent of 
education.

Does this state the applications are available in the 
notice?



154

A Yes, sir, I believe it does.

There is generally one in the school community in 
Fairfield, and every principal’s office has a supply of ap­
plication forms.

T H E CO U RT: I think the notice should contain the 
statement where the applications can be found and will 
be made available.

Q Mr. Nunn, will you tell us, as to applications filed in 
subsequent years, will the same application, for instance, 
will the same application forms be used?

A Yes, I would think the Board would continue to use 
the same form, unless the court directs otherwise.

Q Will the school distribute to all students those forms 
entering desegregated grades?

A The Board will distribute forms to the principals of 
schools in Fairfield, all schools.

Q What instructions will the principals be given regard­
ing the use of the forms?

A I think every principal in the Fairfield system has suf­
ficient instructions already, and they know how to dis­
tribute these forms when a parent asks for them.

Q Will the Board then only distribute—the principal 
only distribute the forms when they are asked for?

A I don’t think the principal would issue a form to any­
one who did not ask for it.

O If the student does not fill out one of the forms, he 
will continue in the school system that he is already in?

A He will continue in the school he is already in by 
bringing his report card for the previous year.



155

Q Well, will the Board allow transfers within the Negro 
School System, or within the White School System, for 
instance, from the Glen Oaks School to the Forest Hill 
School?

A Each application will have to stand on its own merits. 
We discourage transfers during the school year. I have had 
requests for transfers from Glen Oaks to Forest Hill which 
have been disapproved.

O If the student applies at the end of the school year 
for the coming school year, will the board approve those 
ordinarily?

A The Board will approve, in good faith, any decision of­
fered by this court, and carry out its instructions.

Q And in the next year, the operation of this plan, will 
the Board continue to require Negro first graders who wish 
to attend white schools to report to Negro schools?

A If that is the approved decision, yes, sir.

T H E CO U RT: Do the proposed regulations, or the 
regulations of health, education, welfare department dis­
approve or include provisions similar to paragraph 2?

MR. LANDSBERG: Your Honor, I believe that the—

T H E CO URT: That is about requiring the students, 
whether white or colored, report to schools they normally 
would report to and request the transfer at that point. Has 
that been disapproved anywhere?

MR. LANDSBERG: That has not, as far as I know, 
been presented.

T H E CO U RT: I have read the regulations two or 
three times, and they are rather lengthy, and I don’t find 
anything in there about that.



156

MR. LANDSBERG: Well, it is not something that-—

T H E  CO U RT: I notice it is one of the points of ob­
jection.

MR. NEW TON: Yes, sir, and in the H.E.W. Regula­
tions, it says this, which I think is significant, the times 
and places, and the manner of pre-registration and enroll­
ment, shall be fixed so that a free choice may be easily 
made by each person; and the plaintiffs contend sending 
a first grade student first to a Negro School and then he 
has to determine whether he wrants to go to a White School, 
then it is not a free and easy choice.

T H E CO U RT: They couldn’t send him to the white 
school.

What are you going to do, reject him in advance?

A No, sir. The white students go to the white school 
first. He has never been to school anywhere. Why not be 
able to go to the school he desires to go without having 
to go to the Negro school and then see if I can get into 
the other school.

MR: BISHOP: This was put in with the sincere be­
lief it was according to the Negro students the greatest con­
sideration. Number one, they would be going to a place 
where the application would be sympathetically received 
and promptly processed.

T H E CO U RT: That is the point I was making.

MR. NEW TON: Your Honor, of course, we will 
have to abide by the Court’s decision, and we have no idea 
how many there will be that will apply for these things, 
but it seems an unusual burden on the Negro student first 
to go to the Negro school and make sure he uses the proper 
language in requesting this form, make sure the form is



157

properly filled out, submit it to the superintendent, Sep­
tember 1st, as it relates to first grade students, wait until 
the Board of Education accepts or rejects it, and then re­
quest a hearing, and maybe after two or three weeks, maybe 
start getting his first grade studies.

T H E CO U RT: I don’t believe the processing will 
take that long. I imagine the application will be handed 
to the superintendent the same day.

A It will be handled promptly.

MR. BISHOP: Suppose he went to a white school and 
the form wasn’t properly filled out?

T H E C O U R T : I think he would find a more sympa­
thetic atmosphere in which to handle the thing at the 
colored school than he would at the white school.

MR. NEW TON: Our experience has been that he 
will not. These schools and regulations promulgated, and 
have been discussed about under the supervision of the 
Negro principal who is under the supervision of the white 
Board of Education, and they will have problems getting 
the applications.

T H E CO U RT: I don’t think they will have problems 
getting applications, not as long as I have anything to do 
with it.

Q Mr. Nunn, what provision has the Board made with 
—-what provision has been made for giving notice of pro­
vision of the plan in subsequent years after this year?

A I believe the practice has been to have an advertise­
ment in the daily newspapers in this area.

Q Will that be done each year of the desegregation?

A I will say a plan will be devised to give adequate notice.



158

I can’t say to you today that it will be done five years from 
now.

T H E C O U RT: I haven’t seen any plan that required 
republication every year after a plan of desegregation has 
been adopted. I think the people have some intelligence, 
though.

MR. LANDSBERG: We think some sort of notice 
should be given to students. I am not thinking it has to be 
to publication in the newspaper.

T H E  C O U RT: I think if the time is set for the filing 
of applications, there should be notices posted in the schools 
so that the children will know when to file their applica­
tions.

Of course, we are getting ahead of the hound, so to 
speak.

Q Mr. Nunn, as to Negro students who move into the 
school district after August 30th, will they be racially as­
signed?

A My feeling is they would go to the school serving their 
area and get an application blank, and either make ap­
plication for that school or some other school.

Q May a Negro student move into the district after 
August 30th and make application to a white school, and 
will that application be given the same consideration as 
applications which were made before August 30th?

A Certainly, any student can do that.

T H E  CO U RT: Does this plan provide for students 
moving into the District?

MR. LANDSBERG: It is silent on that, and that is 
why I was concerned to bring it out.



159

T H E CO U RT: It should provide for students moving 
in, and the formula of that is prescribed in one of the earlier 
opinions of the Court of Appeals. I believe it is in the Arm­
strong case.

Q Mr. Nunn, will the Board grant transfers to students 
in non-desegregated grades in order to take courses that 
are not available to them in the schools that are presently 
being attended by them?

A The Board has established no policy on that at this 
time. I can only say that the Board is going to carry out 
the order of the court, sincerely and in good faith.

Q And if the court order is silent on that, what will the 
practice—what will your practice be in ruling on such 
applications?

A I don’t see injected in the transfer or reassignment issue 
reasons. If a youngster makes an application to transfer, he 
doesn’t have to give us reasons.

Q If he is not in a desegregated grade—

A We will process that application as we do all others.

Q And you would reject that automatically; is that right?

A Same process and same consideration of applications 
on the same basis.

T H E CO U RT: Let me ask you this, if there is a 
white student—you have different courses in different 
white schools?

A Yes, sir.

T H E CO U RT: Do you permit a student in a white 
school to go over to another school because they have a 
class over there that they don’t have the class in the school 
where he is regularly attending?



160

A I don’t believe we have had that occasion. We have 
had no such requests, your Honor, for transfer. We only 
have the one high school where white students have been 
attending, and—

T H E C O U RT: Let’s take the Junior High School. 
You have more than one, don’t you?
A No, sir.

T H E  CO U RT: The rule wouldn’t be applicable?

A In the elementary grades they all follow the same course 
of study.

T H E CO U RT: The simplest way to handle that if 
the grade is not taught in the school where the student 
would normally go is enrolled in the school where that 
grade is taught, provided he changes within one of the 
grades being desegregated?

A The student you are talking about will have the same 
opportunity to file application on August 30th as all other 
students will have.

Q Are you saying all grades will be desegregated?

A I don’t believe I have said that.

Q My question is, a student who is in a non-desegregated 
grade and attending a school, for instance, a student at 
Engelwood School in the eighth grade, where there are 
courses that are not available to him that are available in 
the white school, can that student make application to the 
Junior High School and change his—and have his applica­
tion considered?

A If the 8th Grade is included in the court order, his 
application will be considered.

Q And if it is not included in the court order—



161

A It will not be considered.

MR. LANDSBERG: I have no further questions from 
this witness.

T H E CO U RT: You may come down.

MR. NEW TON: May I have one question on redirect 
examination.

T H E CO U RT: Yes.

RED IR EC T EXAM INATION

Q (BY MR. NEW TON:) Mr. Nunn, you testified on 
cross examination from Mr. Bishop that in the event teacher 
personnel is shifted, you have to lose three teachers from 
Fairfield Industrial High School, and I believe you testified 
the reason for losing these three teachers would be the fact 
that they are non-degree teachers?

A I believe, as Mr. Bishop stated the question, he said if 
we based it on training.

Q Yes, sir.

A That would be a probability and I answered this in 
the affirmative.

Q And you said, I believe, that you would not like to 
lose them?

A Yes, I said that.

Q You feel they are doing an adequate job in the Negro 
system now without the training?

A Well, they are assigned to classes that are given at only 
one school in the system. I have no other place to use them.

Q And you were talking about an average teacher’s salary; 
isn’t it true that each of these three teachers make $5,000.00



162

a year or above?

A I think your statement is correct. They are vocational 
teachers whose salaries are established by the State Depart­
ment of Education.

Q And each of those three teachers, isn’t it a fact that 
one of those three teachers has a junior College, and the 
other vocational training?

A Possibly so; I don’t recall.

Q Now, you talked also, in answer to Mr. Bishop’s ques­
tions, that the football stadium plant at the Fairfield High 
School is in close proximity. By close proximity, you mean 
four or five blocks?

A Four or five blocks.

Q Do you recall on tracing it in the deposition and saying 
it was exactly five blocks?

A And I recall answering the question four or five blocks.

Q Now, you said both schools have guidance counselors.
There is no full time guidance counselor at Fairfield 

Industrial School, is there?

A No, and neither is there at Fairfield High School.

Q How many guidance counselors are there at Fairfield 
High School?

A The plans are to have a boy’s adviser and girl’s adviser 
for the coming year, and I believe the principal at In­
dustrial will be the adviser.

Q Do your plans provide at all for the sending of personal 
notices to the parents or guardians of children that are 
affected by the desegregation of the grades?

A I believe the notice will appear in the newspaper.



163

MR. NEW TON: No further questions.

MR. BISHOP: No further questions.

(Witness excused.)

MR. LANDSBERG: Mr. Pate.

PAUL PATE,

being first duly sworn, testified as follows:

D IR EC T EXAM INATION

Q (BY MR. LANDSBERG:) Will you please state your 
full name?

A Paul Pate.

Q Where do you live, Mr. Pate?

A 2329 Farley Terrace.

Q Would you describe your employment, please?

A I am employed by the Jefferson County Department 
of Health, Bureau of Sanitation.

Q What is your position?

A Assistant Director.

Q Does the Department of Health, from time to time, 
conduct inspections of school eating facilities throughout 
the City?

A They do.

Q Do they keep records of those inspections on standard 
forms?

A We do.

Q Are those records kept on scores on a basis of 100, it 
being a perfect score?



164

A Records are kept of scores as well as physical structure. 
Score it just one phase of the inspection program.

Q Did you receive a subpoena to bring some records 
here today?

A I am carrying out Dr. Chambers’ subpoena.

Q Did you bring those records?

A I did.

MR. BISHOP: Judge, we haven’t had an opportunity 
to look over these.

T H E CO U RT: Are these the scores shown on this 
thing here?

MR. LANDSBERG: Yes, sir; that is not based on 
anything in evidence yet, and that was the purpose of my 
asking for these.

T H E CO U RT: Maybe he will just agree to this.

MR. BISHOP: Judge, that is not even in evidence.

MR. LANDSBERG: I would offer that if Your Honor 
would prefer.

T H E CO U RT: Those are the records to back this up.

MR. LANDSBERG: Yes, Your Honor.

MR. BISHOP: We will have a few questions with 
reference to these.

T H E  CO U RT: That information, I believe, is shown 
on the summary you have here.

MR. BISHOP: Yes, sir; for example, Fairfield Indus­
trial High shows on there as 96 out of a possible 100. That 
means that Fairfield Industrial High has four demerits. 
All four demerits are due to the factors caused by the stu-



165

dents or faculty at that particular school. For example, the 
floors were not clean and the equipment was not kept 
clean. All of the other matters were 100; is that right?

A Yes, sir.

MR. BISHOP: And the four demerits they were— 
that they received were due to students and faculty?

A Yes, sir.

T H E CO U RT: The summary information is on these 
three sheets?

MR. BISHOP: I might say it appears from a hurried 
glance that the same situation is true at Engelwood, five 
demerits; at Interurban—

MR. LANDSBERG: If Mr. Bishop is going to go 
through those—

T H E CO U RT: Is this the information contained by 
the elementary schools, or are these your seniors here?

A I would have to check them against these records.

T H E CO U RT: Is there any question about these 
being the scores?

A This doesn’t say what rating this is.

T H E CO U RT: This is Donald School?

A If it is Sanitary rating, that is probably right. Fairfield 
Industrial High, 96.

T H E CO U RT: Here is the Fairfield Industrial High, 
96?

A That would be correct, so I would assume the rest of 
them are the same. It would be the sanitary scores. Engel­
wood, 95.



166

MR. BISHOP: This appears to be wrong. Here is—

MR. LANDSBERG: Your Honor, perhaps Mr. Bishop 
could examine these during the next witness.

MR. BISHOP: I have examined one, and it shows 96 
on one and 98 on another.

T H E CO U RT: Tell us what the rating show?

A Fairfield High, 96, Engelwood, 95, Interurban Junior 
High, 88, Fairfield Junior High, 99, Fairfield High, 96, 
C. J. Donald, 97, Forest Hill, 98, Glen Oakes, 99, Robin­
son, 86.

T H E  CO U RT: They all check out on these sheets 
we have here.

MR. LANDSBERG: I have no further questions. 

T H E  CO U RT: All right.

CROSS EXAM INATION

Q (BY MR. BISHOP:) Mr. Pate, by way of example, he 
did ask you about Fairfield Industrial High, which has 
been previously identified as a previously all colored school.

By grade 96, you mean that school had four demerits?

A Yes, sir.

Q I will ask you if by examination of your records, it 
does not affirmatively appear all four demerits would be 
due to school personnel, or personnel of the lunchroom 
failing to keep a clean floor and clean utensils?

A That is correct.

Q If they had kept the floors clean and kept their utensils 
clean in that former colored school, they would have had 
100, wouldn’t they?



167

A We would assume so. We don’t like to give 100.

MR. LANDSBERG: Could we introduce these in 
evidence?

T H E  CO U RT: Yes; mark these three right here.

Q Now, there is another, Engelwood, I will ask you to 
take a look at that and tell us if all the facilities furnished 
herein, given 100, and the demerits arise out of mainten­
ance, specifically utensils and failure to keep it free of ants 
and flies and roaches?

A The physical facilities were all in accordance with our 
regulations. The demerits were based on inadequate clean­
ing of the equipment within the work areas. There were 
some insects, roaches, and I believe probably ants.

Q I show you another dealing with—

T H E  CO U RT: I don’t believe we will take any time 
going into why they are there. I can look at them.

MR. LANDSBERG: Your Honor, I wTould like to 
have these reports marked as a group.

T H E CO U RT: All right. Let them be marked. Any­
thing else from this witness?

Come down.

(Defendant’s Exhibit 10 
received in evidence.) 

(Witness excused.)

MR. LANDSBERG: Mr. Stormer.

W ILLIAM  STO RM ER,

being duly sworn, was examined and testified as follows:



168

D IR EC T EXAM INATION

Q (BY BR. LANDSBERG:) Will you state your full 
name, please?

A William L. Stormer.

Q What is your residence, Mr. Stormer?

A Alexandria, Virginia.

Q And where are you employed?

A United States Office of Education.

Q How long have you been there?

A It has been two and a half years.

Q And in what capacity are you employed?

A Specialist in school facilities statistics.

Q What is entailed in that job, Mr. Stormer?

A Currently I am working on a study of the condition 
of public plants—public school plants in the United States.

Q Have you held prior jobs in the area of school planning?

A I was at West Virginia Department of Education.

Q What is your educational background?

A Bachelors Degree, Youngstown University, Youngs­
town, Ohio, Masters Degree, University of Wyoming, and 
further work at Ohio State University.

Q And in what fields was your work in school?

A Well, the graduate work at Ohio State University, I 
was in the area of the school plant.

Q Are you familiar with the texts and current professional 
writings in the field?



169

A Yes.

Q And what professional associations exist in the area 
of school planning?

A National Council of Schooihouse Construction, School 
Facilities, out of Louisville, Kentucky.

Q Are you a member?

A National Council of Schooihouse Construction.

Q Are you a member of any other professional associa­
tions?

A I am, Association of School Administrator’s, Phi Delta 
Kappa.

Q What is Phi Delta Kappa?

A It is an Educational Fraternity.

Q Mr. Stormer, are there systems for grading school fa­
cilities on a comparative basis?

A Yes.

Q And are you familiar with those systems?

A Yes.

Q And could you tell us what is involved m sradinsr. . .  _ C> O
school facilities on a comparative basis?

A Examining the site, the building, structure, classrooms, 
fire protection features, building facilities, such as cafeteria, 
libraries and so forth.

Q After you have made your examination, what is the 
next step in the process of grading?

A Developing a—

MR. BISHOP: Judge, we object to all of this ques-



170

tioning. I think it goes to the proposition that your Honor 
has previously held in this proceeding to be immaterial, 
that is comparison of the two systems. As I understand the 
nature of this testimony, Your Honor has ruled that out.

T H E C O U RT: Are you going into the inadequacy of 
these colored schools, is that what you propose to show?

MR. LANDSBERG: Yes.

T H E  CO U RT: I ruled against him holding he was 
eleven years too late in the matter awhile ago, trying to 
show the facilities were adequate. Now, you are trying to 
show they were inadequate.

MR. LANDSBERG: We are trying to show as to stu­
dents in certain of the Negro Schools that we feel that con­
ditions in those schools justify an order desegregation of 
grades in the schools, and we base that on the proposition 
that the Brown decision did not—that the Brown decision 
which held the moratorium to be put on the Constitutional 
rights of Negro children, does not apply where the Negro 
Schools are, in fact, inferior.

MR. BISHOP: May it please the court, he has, as we 
understand his position—

T H E CO U RT: Is his testimony based on the Fair- 
field School System or some other school system?

MR. LANDSBERG: Yes, Your Honor. This witness 
has inspected all the schools in the Fairfield System.

T H E  CO U RT: What is your question?

MR. LANDSBERG: Right now I am trying to estab­
lish that Mr. Stormer is an expert in the field of school 
plant facilities.

T H E  CO U RT: I think you have pretty well quali­
fied him. Ask him what he found out about Fairfield.



171

Q Mr. Stormer, did you examine the schools in Fairfield? 

A Yes, sir; I did.

Q When did you do that?

A The last two days.

Q Did you examine all the schools in the system?

A I believe all of them, nine of them.

Q What did you look at in the schools?

A Pardon?

Q What did you look at?

A I looked at the school sites, the school building, the 
classrooms, the halls, and when walking into a classroom, I 
looked at the furniture, floor, ceiling, lights, and tried to 
take in most of the items which aided and assisted in carry­
ing out an educational program.

Q And did you transcribe your findings onto a check 
list?

A Yes; I did.

Q And how many items were you—-were on your check 
list?

A Approximately 180.

Q And were those items broken down into groups?

A Yes, into nineteen major groups.

Q Did you arrive at a rating of the schools, Mr. Stormer? 

A I did.

Q What ratings did you arrive at?

MR. BISHOP: We object to that, if it please the court?



172

T H E CO U RT: I don’t know what system he bases the 
rating on, but to get to the meat in the coconut, I will per­
mit him to answer.

MR. BISHOP: Then we are getting to a comparison.

T H E  CO U RT: I let you introduce your pictures to
show what a fine school system you have. I think it is im­
material, so I am going to let him show what a sorry one 
you have because I think it is immaterial, too.

MR. BISHOP: With that feeling about it, we have 
no further objection.

T H E  CO U RT: What was your rating?

Have you rated each school?

A Yes.

T H E  CO U RT: Just give us the ratings.

A I rated the elementary schools, Donald Elementary as 
63%, Glen Oaks, 61%, Forest Hill, 57, Robinson, 47, and 
Engelwoood as 35.

For the secondary schools, Fairfield Junior High 
School, 49%, Fairfield Senior High School, 49, Fairfield 
Industrial School, 43, and Interurban Heights Junior High,
33.

Q Are those scores on a scale of 100?

A Yes, sir.

T H E CO U RT: Where is that perfect school which 
is 100%?

T H E W ITNESS: I haven’t seen it, Judge.

MR. LANDSBERG: We offer these documents.



173

(Intervenor’s Exhibits 11 through 
18 received in evidence.)

Q Mr. Stormer, will you tell us what Intervenor’s Ex­
hibit 11 is?

A That is the playing field at Interurban Junior High 
School.

T H E  CO U RT: All right. Go on through, go right 
on through, please, sir.

Q Are there concrete blocks on the field?

A Yes.

Q Look at Intervenor’s Exhibit 12, will you tell us what 
that is?

MR. BISHOP: Judge, we object to all of these photo­
graphs. We were stopped.

T H E CO U RT: I am not going to let him offer them 
all. You have about eight pictures, and I will let him offer 
eight. I believe you actually have nine.

MR. BISHOP: We have no objection to nine.

Q Looking at Intervenor’s Exhibit 12, can you tell us 
what that is?

A This is a classroom in the Interurban Junior High 
School.

Q Mr. Stormer, what is on the other side of the partition? 

A Another classroom.

Q And is there a hole shown in the partition between 
those classrooms?

A There is a tear, yes.



174

MR. BISHOP: Did you say somebody tore it?

A This is what it appears to be.

Q Mr. Stormer, looking at Intervenor’s Exhibit 13, will 
you tell us what that room is?

A That is another classroom at the same Junior High 
School.

Q What is the area to the left of the room?

A This is a shower room, and this was a converted locker 
shower facility.

Q There is a half wall at the end?

A Yes, sir.

Q What is at the other end of the wall?

A (No answer heard.)

Q Would you look at Intervenor’s Exhibit 14 and tell us 
where that picture is taken?

A The same Junior High School.

Q And what does it show?

A This is a combination auditorium-cafeteria, gymnasium 
and enters into the classrooms.

Q Looking at the end of that picture on the righthand 
side, there is a half wall. Will you tell us what appears 
there?

A The classroom is behind it on the other side.

Q Look at Intervenor’s Exhibit 15, Mr. Stormer, will you 
tell us what that shows?

A It is Engelwood Elementary School.

Q And is that the new building of the Engelwood School?



175

A Yes.

Q Will you tell us what the blackspots on the picture 
indicate?

A These are where the concrete block have been punc­
tured, it is a hole.

MR. BISHOP: Vandalism.

MR. LANDSBERG: Your Honor, Mr. Stormer looked 
at Plaintiffs Exhibit 16.

MR. BISHOP: We object, that is number 10, may it 
please the court.

Q Will you identify that, please?

MR. BISHOP; We object to that. He has gone be­
yond the Court’s ruling.

T H E CO U RT: I think we have heard enough of
this.

MR. LANDSBERG: I have no further questions. 

MR. BISHOP: No questions.

(Witness excused.)

T H E CO U RT: Any other evidence?

MR. NEW TON: I have one witness with one ques­
tion.

T H E CO U RT: Where is he?

MR. NEW TON: He is back there.

T H E  CO U RT: Tell him to come around.

W. C. PRESLEY,

being first duly sworn, testified as follows:



176

D IR EC T EXAM INATION

Q (BY MR. NEW TON:) Are you Mr. Wilbur Presley? 

A I am.

Q Are you the principal of Interurban Heights junior 
High School?

A I am.

Q Were you formerly the principal of Engel wood School? 

A I was.

Q At the time you were principal of Engelwood, did 
students in grades seven and eight interchange teachers?

A There was discussion on this matter with my superin­
tendent, and I— I have to answer it this way.

Q I just want to ask you—

A We interchanged teachers to the point we found out 
it didn’t work, and we went back to the self-contained class­
room.

Q Now, Mr. Presley, if you will answer my question, and, 
of course, you will be—he will have an opportunity to 
cross examine you, but did they interchange teachers in 
the seventh and eighth grades when you were principal?

MR. BISHOP: That question has been asked and 
answered.

A For one year, we did.

Q Now, Mr. Presley, at the time you were—at the time 
you left the Engelwood School to exericse your present 
responsibilities, were the students interchanged with the 
teachers at that time?

A No.



O Now, you volunteered some information about the 
school, you found it didn’t work.

What was the reason for it not working?

A The corridors were too small.

Q And that had to do with the school building itself?

A I think so.

MR. NEW TON: That is all.

MR. BISHOP: No questions.

(Witness excused.)

T H E  FOREGO ING WAS A LL T H E  EVIDENCE 
IN T H E  CASE

C ER TIFIC A TE

STA TE OF ALABAMA 
JEFFERSO N  COUNTY

I hereby certify that the foregoing transcript repre­
sents all the testimony had in the above styled cause.

Thomas P. Meador [Sig.]
Official Court Reporter



PLA IN TIFFS’ E X H IB IT  NO. 1

Building Capacity

Fairfield
High School (w) 840

Fairfield Junior 
High School (w) 420

Fairfield Industrial 
High School (c) 1,020

Interurban Heights 
Junior High 
School (c) 240

Donald Elementary 
School (w) 455

Englewood 
Elementary 
School (c) 280

Forest Hills 
Elementary 
School(w) 525

Glen Oaks 
Elementary 
School(w) 420

Robinson 
Elementary 
School (c) 980

Enroll­
ment 

May 1965

No.
T  eachers 
1964-65

Pupil 
Teacher 

Ratio 
1964-65

445 25 1-18

415 15 1-28

702 34 1-20

340 10 1-34

339 13 1-26

184 8 1-23

289 11 1-26

291 10 1-29

972 29 1-33



PLA IN TIFFS’ E X H IB IT  NO. 2

Construction From 1953-54 School Year To 

1964-65 School Year

Forest Hills Elementary School $215,738

Fairfield Industrial High School (6 room addition) 74,621

Fairfield Industrial High School
(Gymnasium and remodeling of auditorium) 264,078

Englewood Addition (1953-54 school year) 43,600

Robinson School (New Building) 244,000

Robinson School (Four room addition) 30,356

Interurban Heights Junior High School 50,000

Interurban Heights Junior High School
Planned Addition 235,000,.

Glen Oaks Elementary School (Original Building) 217,627

Glen Oaks Elementary School (6 room addition) 54,400

Donald Elementary School 246,721

Fairfield Junior High School 50,000

Total for White Schools $784,186

Total for Negro Schools $941,655



list









DEFENDANTS' E X H IB IT  NO. 10

Funds Provided For School Improvements By Community 

Citizen’s Organizations For Past Two Years

Band Parents Club Fairfield High School $25,000

Quarterback Club Fairfield High Athletics 10,000

PTA ’s in White Schools 5,000

PTA ’s in Colored Schools 2,500



D EFEN D AN TS’ E X H IB IT  NO. 11

School

Fairfield High School (orig.)
Fairfield High School Gymn.
Fairfield High School Voc. Bldg. 
Fairfield High School Athletic Field
Fairfield Junior High School (orig.) 
Fairfield Junior High School (addit.)
F ’field Industrial High School (orig.) 
F ’field Industrial High School (Add.) 
FF  Ind. H igh School Voc. Building 
FF Ind. H igh School Gymnasium 
FF Ind. High School Athletic Field
Interurban Hgts. Jr. High School 
Donald Elementary School
Englewood Elem. School (orig.) 
Englewood Elem. School (addit.)
Forest Hills Elem. School (orig.) 
Forest Flills Elem. School (addit.)
Glen Oaks Elementary School (orig.) 
Glen Oaks Elementary School (addit.)
Robinson Elem. School (orig.) 
Robinson Elem. School (addit.) 
Robinson Elem. School (new)

Insured Value Cost

800,000 675,840
290,000 310,467
47,500 84,443
11,500 60,091

300.000 361,476
incl. above 50,000

800,000 414,397
incl. above 74,621

53,500 76,500
251,100 264,078

7,000 24,920
55,000 50,000

250,000 246,721
53,500 50,000
42,000 43,600

265,000 215,738
incl. above 100,000

262,200 217,627
incl. above 54,400

260,000 145,720
incl. above 30,356

260,000 244,000

Date of ATo. of
Construction Classrooms Acreage

1928
1948
1947
1937

28 7

1925
1963

14 6

1940
1956
1947
1963
1955

34 12

1952 8 9
1963 13 7
1937
1953

8 8

1953
1954-56

15 10

1962
1964

12 8

1936
1951
1953

28 8



STA TE OF ALABAM A

D EPA R TM EN T O F E D U C A T IO N
M O N TGO M ERY

Annual Report— Part i

Attendance in Public Day Schools
CITY

FO R SCH O LASTIC YEAR ENDING JU N E  30. 19

TH IS REPO RT SHOULD B E  MADE IN  TRIPLIC A TE AND TWO CO PIES SHOULD BE SEN T  
TO TH E STA T E D EPARTM ENT O F EDUCATION ON OR BEFO R E JU N E  15, 19 A A .

NOTE SP EC IFIC  INSTRUCTIO NS ON THE L A ST  PA G E OF TH IS REPO RT FORM  

BEFO RE BEGINNING TO M A KE TH E REPORT.

The figures contained in this report have been checked carefully and to m y best knowledge and  
belief they are correct

Subscribed and sworn to before me, this . / p.

___~
&  c iU  &  P“b!ic-

k h L j:
/9iS

w
03
03
03
M

Intervenor’s Exhibits N
o.



NON-WHITEs v s t  e u  ^ /Z < A .t

I II DI IV V VI MI
o
z

TEACHING POSITIONS 2  TOTAL NUMBER NUMBER ON ROLL AT TC TAL NUMBER NET
ENROLLMENT

z OF EACH SCHOOL REGULAR TEA CHERS Ccun* { Vocational <-
°  (Itea  1C Prin. Anr . Report! * • » 1 Prin. Ann. Report) (Item I. rrin . An »• Report) In - .  17 Prin Ann. Re-v rt)

-1 Ele •^. 1-6 [ Jr . Hi. 7-9 |s r .  Hi. 10-1 selofs I Teachers * I-g  Elem. j J r . Hi. Sr. Hi. R |M . Sr. Hi. Elem. J r .  Hi. Sr. Hi. Elen-.. j J r .  Hi. j Sr. Hi. Tola!Men| -! | Worn Men ! won- Men f o r la-ore. _l 1 x  *■ « 1 7-9 10-12 1-6 10-12 1-6 7-9 10-12 1-6 ( .0-12

1
S5-

'3 .C  '  - r u z z s  ;&  S c j-i*-*-' / t f i / V  f t A ? / 3 o % S -? ( , X 7 f„

2 1 J _

3
’£ /) ~'?/-t.tZ *Ly C/-XX. . \Z c jL /-*y  
7 e e  r / /

!
/ ^ l ' 2 . P ? Z % , Z t ig 2 J S

4

5 jS'tf <XA2-ZaC- &yZes™Jr3"&'i-f*
7/s: "

-
/ 3 / ' /  3 C 37S 3 4 S 3 / S

6 |
7

0 - 4 . •

<£3// ^ s /<? r z Z 3 / A T ¥ 3 g / z ? 4 3 9

8

9
ffraZyS-txZcZ, ‘’P-Zc-tTzi- S<3-Za  -a Z  
£ /ĉ Y~tZZ£n~t SldLA aCs ? / S ' / / U. » Z 3 M s 1 < / i? 4 & < l Z i/

10

11 7r~d~£i>--£<us 3 / s / o 3 / S / / s v l 3 3 2 3 Z / S <ZUS 9 7 3 <133 < u ,s 7 2 -7 /(,</- / S z z

12 \
y  ! V  1 1 v_ K

13 !
^

I d i -  V |  
to  o  1 t/7'/ct

V"

1 * 1 9 / &
14 j 1

15 ! i | I
16 |  ! 1 j !
17 ■ | |  j 1 !  i i j  j | ii \

!
j 1

18 !  i 1 1 i 1 j  j | j
~ 1 1

19 | j j i  i j i 1 
| j I j i i I ! i 1

20
[

i
i ; j 
j j | ! ! i

j  i  
:  i I !

1
l

Intervenor's Exhibits N
o.



oz
z

IX X XI XII

AGGREGATE DAYS ON ROLL
(item  6 Prin. Ann. Report)

AGGREGATE ATTENDANCE
(Item 7 <e +• f ) Prin. Ann. Report)

AGGREGATE ABSENCE
fItem 8 (c -f I) Prin. A n n -1  Report)

AVERAGE DAILY ATTENDANCE
(Item 9 Prin. Annual Report)

OF D 
(it

AYS TAUGHT
en> I Prin

E le a . 1-6 J r .  Hi. 7-9 Sr. Hi. 10-12 E le a . 1-6 J r .  Hi. 7-9 Sr. Hi. 10-12 E le a . 1-6 J r .  Hi. 7-9 Sr. Hi. 10-12 E le a . 1-6 J r . Hi. 7-9 Sr. Hi. 10-12 Total 1-12
E lea
1-6 J 7-9 j 10-12

1 S/7S& So  -2-3.3 7 S'3 3 ^ SS.3^ a *  s s .  3 6 m

?

JT og  S'S /J-77 2 St. ?2 /?£>

4

5 S f S S ? SS73 o .S 2 / 2 3 3 3 . 3 33 .7 .^

6

7 7V3-7Z, 7 / 2  72. ^ 3  0 a  o ¥  °¥ - 9<t 4 * 4 , ?</ '7S

8

9 7 7 7  o S 7U H y 3-S~3.C, nT ¥ 3 a . g s 4 3 a .  t t >

10

11 I t ,2 7  73 s r l / z i z , 7 7 7 t > S I S I & 4 .S 7/2 I b l t V . Z S7t> /, S ' 3  & a 3  5 " a? <5/ - S ' y c u .H ? 3  3. f S /7J-7. 3 /

1? ■v^__ ^ y y
y

1 ̂
V

1/G 3lS'6
V  , 

3cH0 2 /
V ' T '  

/a as. 7
V

14

15

1 6

17

1 0

20 1

Intervenor’s Exhibits N
o.



SY ST E M  S ty  — . . WHITE NON-WHITE 3

o
z

1 ii HI IV V VI vii

NAME AND MAILING ADDRESS 
OF EACH SCHOOL

TEACHING POSI
See Instruction 3 on

REGULAR TEACHERS

TIONS

cun- 
el cxs

j Vcc 
1 Tea

iticnal

S-S TOTAL NUM3ER 
’ ?  WITHDRAWN

NUMBER ON ROLL AT 
CLOSE OF LAST MO.

TOTAL NUM3ER 
ENROLLED

NET
ENROLLMENT

(item 17 Pr\n. *n n . Reoort)

Elem . 1_S • Jr . Hi. 7-9 I Sr. Hi- 10-1 s hers U  E lm .

|x
j Jr- HI. 
j 7-9

Sr. Hi. Elem.
1-6

J r . Hi. Sr. Hi.
1-6 10-12

Elem.
1-6

J r . Hi. 
7-9

Sr. Hi. 
10-12 T-°12‘Men ! *«.; Men ) Wom.j Men Won- Mer Worn.1 Men 1 won:. 2

1 j f o /  i *  <&. / -S " l z J. a  H Z / 9 s 3 9 / sri / / m _ J s - J S J L

2 j

3 c.t/os' . *9.

-r
: x ? 7 f I Q 3 V-O 3 3 a 3  ¥ 5 3 7 3

4 |

5 3t> ,  (, s ^ r  y/-- 2.g\ / (, H* 77,?. /e>x.o f o o t ? ZOOS'
6 I
7

< ? $ “ < r9 tc  j M ’t L r ' / S ¥ t * S' -3 7 /X // Z / !9t> S ’a i S, 0 7 SsS Zc-7 fa .S
8

9 7~0 7* S?/yS Z 33\ 3 / t •/ / / s 3 s<? £3 Z !  ( ///? S7S So 6 /nt- S fx s a s 1/37 s g f £  2.-T3273

ip s - J .  ! V
/

11
Y a

j Y
(03 &!7%

y
m  f z z z

12 i
13

14

15 1

16 I

17 i J !
18 1 i ! |

19
1
1 i

1 ! \
20 1

Intervenor’s Exhibits N
o.



o'z
z

VIII IX X XI XII

AGGREGATE DAYS ON ROLL
(Item 6 Prin. Ann. Report)

AGGREGATE ATTEN DAN CE
(Item 7 (C f  f )  Prin. Ann. Report)

AGGREGATE ABSENCE
(Item 8 (c + I )  Prin. Annual Report)

AVERAGE DAILY ATTENDANCE
(Item 9 Prin. Annual Report.)

OF D
(it

AYS T
era I P

MIGHT

Elem. 1-6 J r .  HI. 7-9 Sr. Hi. 10-12 Elens. 1-6 J r .  Hi. 7-9 Sr. Hi. 10-12 Elens. 1-6 J r .  Hi. 7-9 Sr. Hi. 10-12 Elens. 1-6 J r .  Hi- 7-9 Sr. Hi. 10-12 Total 1-12
Eiem.1-6 Jr. Hi 

7-9
Sr. Hi.

1 S . 3 ' 9 / 2 ( , / / / s s - ^ - s ' / 6  7 / 3 ■ 333 9 / 7 - S - / H 9 .  >= 3  <?</</ / / » . ? / /7 6 / 7 *

2

3 C o 9 * 3 S 3 ?  o u t, 1 9 / 9 J 3 S - 2 i 3 3 S . 1 9 /7 6

4

/  7  2 , ^ 3 7 /(= t > / 6 3 43-9  7 < / 9 * 7 .1 1 9 5 9 , 1 9 !%

6 y -------

7 J S - 3 3 . S f c x i - 9 3 9 3 - 1 / g g / 9 5 9 3 9 <2.0 / ? i f
' “7 S'. 5AD S - c / 9 9 i f '--37

n t * /7<5

8

9 / 9 9 9 Z 5 / C Z 4  3  6 9  C Z  k  9 / 9  3 9 / < 2 / C C / / c S 2 - / 7 S - &  o  / / 5 5 2 6 3 - 0 / 9 //*>/. y f 4 3  ° y 9 f ? . / s 3  33/. 3 9

10 \ v ^ y

11
“  y ~ 1
. 3 / 5 / 9  9

Y
z a 6  sc,

V
3/,

12

13

14

15

16

17 ■1

18 1 -

10 i | |

20 | |

Intervener’s Exhibits N
o.



ITEM {Do not report cny person in more tfion one position. Report eocH individual where he devotes half or more than half of his time) WHITE SCHOOLS NON-WHITE SCHO OLS

Xlil
Humber of i  Number of
Superintendents '  A ssistan t Superintendents whose duties ore mainly administrative---------------------- El®*. 1 -6 it. Hi. 7-9 Sr. Hi. 10-12 [ ;------ Eltn . 1-6 it. Hi. 7-9 Sr. Hi. 10-12

XIV Supervisors: Those who devote of least  half their time to Supervision of Instruction. / /

XV Supervising Principals: Those who devote at lea st  hglf of their time to Administration and Supervision. 3 / ' / / /

XVI Average number of days schools were in se ssio n : ’ (Divide grand total Aggregate Attendance by grand total Average Daily Attendance.) rs- ,C S Z ,s- 7  / a - 1 7. 7 t / S V . s \ / 7 3 7 / f 933? 7 3 ?  n - s

ATTENDANCE DATA BY GRADES
INCLUDE EXCEPTIONAL CHILDREN TAUGHT IN ALL SPECIAL CLASSES (Edueable and Trainable)

lltm GRADE 1 GRADE 2 GRADE 3 GRADE 4 GRADE S GRADE 6 TOTAL
ELEMENTARY

GRADE 7 GRADE 8 GRADE 9 TOTAL JR . Hi. GRADE 10 GRADE II GRADE 12 TOTAL SR . Hi.

MET Boy, $ -3 76 fs- 83 S x 1 7 4 C,S 7 3 Sx 3.260 I X 76 PS" J8 3  3

» (Sum of Item 17 on G irl, S3 Lo 7 9 7? io 7* V s s 73 6 / _____ 1A- Z o ? 70 ?d JT7 4 2 3 /
Report,)

Total /6 6 163 )3 o /&d t/,2, /4-4 957 /do 137 >5S 4-z? /4i, /SO /7 X d i d
a j AGGREGATE Boy, / z s s ? / 3 sSo / 2 i i d /S ' c 4 1* /4Z & S ,<1-629 S3c  3 6 //7S/ /73tf0 ij/ d x I S  z  33 /3 /2 d 1330?. /d ?7 r -da 2.06

Sum of Item 6 on G irl, /S C I  3 /<i?o? /6 3CC /3 ? /  P i3 d / i l /o9  f  7 7 ?2  37 ' 2 2 1 / /O/ft? /37?? 3 6 o 3 9 /3o/S !3 6/6 /d-56/ 3?<t 99
UJ *

Report,) Total 3.372? 5.3 030 5 S91 5.7679 2 SC/J / 6 2  2 73 7</-Sdz 3375? 2-694/ SdZ  22y ad /ds SZS9/9 3.90 d j 7 7 7  o S
* ! ----

AGGREGATE Boy, /3 3 1  7 1 2 3 3 7 / d / S X /3C9PO ,<i/?3 3c 2/0. S ' //3</0.S /lcc-2 /3 S * i/ 0(,S6 ? 'S f /7 S  7 /2 13d 1 '4 /f/ 3  $2 ?2j

*
ATTENDANCE 

Sum of Item 7 on G ir l, H  99S-S’ )< /3c7 9 93C.S / 3 d f S / z r s r ,  s 16(32- S 76 *77 /2PS7.S W S -S 3/3C2.S fU (3 / / / d s . s  /7o9</' 3  7 7 0 2 .S
Report,) S77cd S 3 J L 7 .S a?./3i "jCSSc. s .i<7S3o.S</S i.S t- l.S 2 ?S-/? 2 /nrsr.e 1/273/ 5327.6 30U77.S- 2 ?2?S 76/Sd.S"

NET B o y , 9$ 9 3 16 / 8? SIS 113 /& s- /£/• Z97 Z-9-i / o d ___2i 0/1 5.04
5 ENROLLMENT 

Sum of Item 17 on G irl, S3 9? I ? 97 76/ S +  7S-" \<£ ?-e- / i3 \ 337-^7/ /03 4x~ 7>. 526/
o il Prin Ann. 

Report,)
Total /CS a /92s /fg / . ? < / f /S ? M/<g4 &S/-T& - ' -z/d SS9 e ^ f 2 *1 /7 S /d 3 S i S

Si AGGREGATE B oy, /7?& 9 / ? S 2 7 /< ?SLC /& 2 <17j /7 /d - S /S J .0 C 9 ( 3 ,7376 /■doss' / 6 /5  4 / / c s d  4-653 S

G irl, /3 9 7 (c K f l C 1 7 /7 7 /i 9 3 S' / s s c d /6 7c o 76 7&7U /4 s 'XS, dJSi-9/ /S od? /7 S 2 ! /d o s ? / s s d ? \  d d ? 2 ?

r Report,)
Totol 3 / 9 4  S 3 o 4  /7 S i c , 7 3 3 2 3 1 32.6 4 ? 3/686 /9  99-Z d 3 7 3 2 7 'g p . id ? 3S S 7 6 3o/?S s d  SO 3 /o a . (</■

ij AGGREGATE So /  7 9 7 ? iCZ')'} , S ? ? 3 / 6 d i S ,< l? d 6 / c o / 3 ? //, ,6 M & z . / 7 S / S ! S 7 c d / / 3 / 7 4<l& C3s
ATTENDANCE 

Sum of Item 7 on r.irlt /3  7 d d z ? /£SC-</ /& d z 3 /(/% c3 /S 9 / 2 , 7 3773" /7C- ? f /7 > 2 7 9377/ ,5 6  S 3 4  3 S 2 3
Report.)

Totol 3  /U  c o 3  S3  63 3 2 g ’± i 313-/-- 3 / 5 9 / 3  c f S S /*? 3 9 /  </
S9i33^ 3 ? 3  7/ - 3 i ? / d s 9 d ? / 3 3 9 5 0 ' g -S /T /sr

*

Intervenor’s Exhibits N
o.



Intervenor’s Exhibits No. 3

CORRECTION
FAIRFIELD CITY SCHOOLS

ATTENDANCE REPORT 
1954-65

Jiltt-VUITS SCHOOLS i

v>' Gr.ule 7 Grade 8 Grads 9

C-lrln 83 113 101
84 105 103

TdI-.'.I 157 218 204

V2I

14121 19709 17276
1--5/5 10506 10049

To. :1 2C/>r> 30315 35325

13749 19308 16693
14337 16225 176$0

.1 257.06 37433 34391

- 7
j j  ; ? i s r

•«-- v

TOTAL

297
292
589

51106
51530

102636

49550 
504 GO 
100110



ITEM

XXIII. Original Entries from Other States.

Grade Grade Grade Grade Grade Grade Total Grade Grade Grade Total Grade Grade Grade Total
1 2 3 4 5 6 1 - 6 7 8 9 7 - 9 10 11 12 1 0 -1 2

/ / 0 / / V / / 6 0 / / / x > . X .

NON-WHITR o 0 o X / / ¥
/ d / X o o 0 o

TOTAL ! / 0 3 x s / X > X o / J _ / / X X
XXIV. High School Pupils Tested by Various Type T e sts  by Grades:

Icem_________________  Grade 7 ________ Grade 8_________ Grade 9  Grade 10 _________ Grade 11________  Grade 12_______ G rades_7—j.2..
A. Number tested at

f ? 2 / 3  7

B. T est Type: N o .-2 / 
Tested

N o .-S'
Tested

Tested
Under

4 /
NDEA

N o .-V
Tested

N o . i /
Tested

N o . i /
Tested

Tested 
Under ^  

NDEA-
N o . X
Tested

No._ 5 /
T ested

Tested 
UnderX  
NDEA

a . Mental Maturity
b. Achievement 

Battery
C. Single Subject 

Achievement 
d. Multi-factor 

(3 or more)

/  9 /  
/ 9 ?

/ 9 F

/ ? /
/ 3 7 /.z. / 7 9

/ W

/ S '

y - r 3 - /0

/ ? ?  

x  / o

S / ; l> j 

/ s '

y x

j j  The number in Item A cannot exceed enrollment. J / A  student should be included each time he takes a test of the type indicated. 
J/ "N u m b e r  Tested Under National Defense Education A ct,”  can never exceed the number under "T o ta l  Number T e s te d ."  _5/Total 
of a ll  columns with footnote 6 /T o ta ! of all columns with footnotejf/.

Noce: T e s ts  given under NDEA must c lio .be  listed under_V for Grades 8 and 11. NDEA te s ts  are given only in Grades 8 and II  and 
the types are Mental Maturity (a) and Achievement Battery (b).

XXV. Number of Clerical. A ssistan ts Employed In: Superintendent’ s  O ff ic e -------- X -------; P rin c ip als ’ O ffice s-------------------  .

/ )  .
Total X '

/ < $ ?  /A Total /  ^

T o , . ,  R o t s  / ? ?  .

G itis / r /r . i r ! c  9  ^  ; G irls &  9

T o . . ,  I C - I  . T , ,  / S .  9 T o t a l  X  ‘

o o

Intervenor's Exhibits N
o.



1. a . B eg inn ing  on line  1 o f page 2, f is t  a lp h ab e t ic a lly  name end address of each approved c la s s  
• r  group of excep tiona l white pu p ils . C ir c le  lin e  number o f each such c la s s  o r group. 
Enter to ta l for th is  group in .a ll colum ns, excep t tho se  under Items I, III, and XII.

b. Sk ip  one lin e  and l i s t  a lph abe tica lly  name and address o f each white one-teacher schoo l. 
Enter to ta l for th is  group in  a l l  cp ium ns, excep t those under Items I, III, and XII.

c . S kip  one lin e  and li s t  a lph abe tica lly  Rome and address o f each w h ite  two-teacher schoo l. 
Enter to to l for th is  group in  o f  I colum ns, except those under Items I, III, and XII.

Continue this_pfan, l is t in g  three-teacher, fou r-teacher, five -teacher, and six-or-more-teacher 
scho o ls  in  separate groups'accord ing to number o f teachers.

d. Includ ing to ta ls  fo r exceptiona l wh ite p u p ils , find  grand to ta l fo r each colum n, excep t those 
■nder Items I, III, and XII.

e . Beg in  on next page and repeat the above procedures fo r non-white schoo ls .

2. L IN E  SCH O O LS: Do not report any schoo l jo in t ly  m aintained by two counties ( " l in e  school**) 
u n le ss  the adm in istration  and superv ision  thereof are under your Board o f Education  as provided 
by Section  77 o f T it le  52 of the Code o f A labam a 1940.

3. T E A C H IN G  PO SIT IO N S -IT EM  II:

a . O n ly  those po sition s  in  which a person teacher more than h a lf time in  day scho o ls  shou ld  be 
reported in  th is  Item.

b. Do not report in  Item l i  p r in c ip a ls  who leach  h a lf or le s s  than h a lf tim e. Report them in 
Item X V .

c . N o  in d iv idua l should be reported in  more than one p o s it io n . If two or more teachers were 
employed at d iffe ren t tim es during the year to  teach the same grade or group o f grades, on ly  
one teaching po sition  should be reported.

d. No teachers o f adu lt and evening c la s s e s  shou ld  be reported in  th is  Item.

e . C la s s ify  os elementary schoo l teachers a l l  who teach  more than h a lf tim e In grades 1—6. 
(See i  below.)

f .  C la s s ify  as jun ior h igh schoo l teachers a l l  who teach  more than h a lf time in  grades 7—9. 
(See i below.)

RUCTIONS

3 . T E A C H IN G  PO SIT IO N S -IT E M  II (continued)

g. C la s s ify  as sen ior high schoo l teachers a l l  who teach  mor 
(See i  below.)

than h a lf tim e in  grades 10-12 .

h . C la s s ify  as counse lors a l l  who spend more than h a lf time counseling. (See i be low .)

i .  In case  a teacher devoted e xa c tly  h a lf time to  in stru ction  in  each o f two o f the above mentioned 
grade groups, c la s s ify  her in  the h igher grade groap.

. a . 'C a lc u la te  average d a ily  attendance to  three dec im a l p lace s  and round o ff to  two dec im a l p la ce s .

b . If a grade o r schoo l was taught fo r fewer number o f days than the length o f the scho o l term, 
report correct data fo r the time taught, la  such c a se s , g ive  the reason for the short term and 
the name o f the schoo l to  w h ich  pup ils  and teachers were transferred.

. Before preparing f in a l copy of report, check items lis te d  below:

a . H or izon ta l and V e rtic a l T o ta ls  o f columns under Item V ! must equa l sum o f corresponding 
H or izon ta l and V e rtic a l columns under Items IV  and V .

b. Horizon ta l and V e rtic o l T o ta ls  o f colum ns under Item VIII must equal the sum o f corresponding 
H orizon ta l and V e rtic a l T o ta ls  o f  columns under Items IX  and X .

C. V e r t ic a l T o ta ls  of columns under Item VII fo r w h ite -schoo ls  must equal corresponding H orizon ta l 
T o ta ls  o f columns under Item X V II. *

d. V e r tic a l T o ta ls  of columns under Item VIII for w h ite  scho o ls  must equal corresponding H orizon ­
ta l T o ta ls  o f columns under Item XVIII-

e . V e r t ic a l T o ta ls  o f colum ns under Item IX  fo r w h ite  schoo ls  must equa l corresponding H or izon ta l 
T o ta ls  o f columns under Item X IX .

f .  V e r tic a l T o ta ls  o f columns under Item VII fo r i  
H o r izo n ta l T o ta ls  o f columns under Item X X .

•g. V e r tic o l T o ta ls  o f  colum ns under Item V H f fo r i 
H o rizon ta l T o ta ls  o f columns under Item XX I. 

k .  V e r t ic a l T o ta ls  o f columns under Item IX  fo r non-white scho o ls  m ast equal corresponding 
H orizon ta l T o ta ls  o f columns under Item XX II.

n-white scho o ls  must eqeo l corretoond ing 

n-white scho o ls  must equa l corresponding

Intervenor’s Exhibits N
o.



STA T E O F ALABAM A

D E P A R T M E N T  O F ED U C A T IO N
MONTGOMERY

Annual Report— Part I

Attendance In Public Day Schools
OF

FAIRFIELD

FO R  SC H O LA STIC  YEA R ENDING JU N E  30. 19

TH IS REPO RT SH O ULD B E  M ADE IN TR IPLIC A TE AND TWO C O PIES SH O ULD BE  SEN T  
TO TH E ST A T E  D EPA RTM EN T OF EDUCATION ON OR BEFO R E JU N E  15. 19_&4

NOTE SP E C IFIC  IN STR U C TIO N S ON TH E L A ST  PA G E OF T H IS REPO RT FORM  

B E F O R E  BEG IN N IN G  TO M A K E TH E REPORT.

The figures contained in this report have been checked carefully and to my best knowledge and  
belief they a re  correct

Subscribed and sworn to before me, this -------day o i. y l----

Superintendent

196k

/ /
N otaA /Pub:

Intervenor’s Exhibits N
o.



SYSTEM y a i r f i e l d C ity------------  rate ******** /

p

s-

6z

3

I 11 r IV V VI VII

NAME AND ADORESS OF EACH 
SCHOOL

TEACHING POSITIONS
See Instruction 3 on back psge.

c TOTAL NUMBER 
"  WITHDRAWN° (Item 10 Prin. Ami. Report!

NUMBER ON ROLL AT 
CLOSE OF LAST MO.

§teo 11 Prin. Ann. Repo**}

TOTAL NUMBER 
ENROLLED

(Item 13 Prin. Ann. Report)

NET
ENROLLMENT 

(item 17 Prin. Ams. Report)REGULAR TEACHERS oun-
elors

Vocationa
Teachers

<5
Elem. 1-6 Jr. Mi. 7-9 Sr. Hi. 10-1 J

Hi
gh J
r, Jr. Hi. 

7-9
Sr. Hi. 
XO-I2 1-6

Jr. Hi. 
7-9

Sr. Hi. 
10-12

Elem.
1-6

Jr. Hi. 
7-9

Sr. Hi.
1-6

Jr. HI. 
7-9

Sr. Hi. 
10-12

Total
1-12Men ■Horn Men Vote Men Worn Mec Worn Men 3

> C. J .  Doaald 0 13 1 6 W* 332 376 351* 351*

2 7X5 V a lley  Road

^ 5 F o re st  H i l l * 0 13 1 6 11 3 U 322 311 311

4 7000 G r a s s e l l i  Road

Glen Oaks 0 9 1 5 21 261 282 271 _ ? 2 L
6 1200 Highland D rire

-^ r F a i r f i e ld  Ju n io r  High 3 12 7 ? 18 !|13 1*31 1*21 1>ZL

8 li301 Arenue F

F a i r f i e ld  High 7 16 1 o i 0 .0 U 16 !t31 W*7 1*38 1*38

10 610 V alley  Road

11

12 T o ta ls 0 35 3 12 7 16 1 0 1 0 1  ̂ 76 18 16 931* to M i 930 M l to 936" hZL 1.38 1795

13 •
14 75 n o 171»B 1858 1795

15

16

17

18

19

I20

Intervenor’s Exhibits N
o.



oz
IU

VIII IX X XI XII

A G G R E G A T E  D A Y S ON R O L L
(Item 6 Pria. Aon. Report)

A G G R E G A T E  A T T E N D A N C E
(Item 7 (c  f  f ) Prin. Aon. Report)

A G G R E G A T E  A B SE N C E
(Rem S (c +  t )  Prfn- Annonl Report)

A V E R A G E  D A ILY  A T T E N D A N C E
(Item 9 Prim. Annual Report)

O F  D A Y ST
(Item I 
Ann. Ret

AUGHT
*rin
ort)

E l m .  1-6 J r .  HI. M 9r. ff l. *0-12 RIem- 1-6 J r .  HI. T-9 Sr. Hi. 10-12 Elea*. 1-6 J r .  Hi. M Sr. Hi. 10-12 Elam . 1-6 J r .  Hi- M Sr- HU 10-12 T o ta l 1-12
Elam.
1-6

J r - H
7-9

Sr. Hi. 
10-12

5 9 , 2 2 7 55,8 9 k 3 , 3 3 3 3 1 7 . 5 8 / 3 1 7 . 5 8 / 1 7 6

2

3 5 k ,599 5 3 ,k9 k .  1 , 1 0 5 3 0 3 . 9 1 * / 3 0 3 . 9 1 / 1 7 6

4

5 1 * 6 , 6 5 0 1 * 5 , 2 2 6 1 ,1 * 2 1 *  ' 2 5 6 . 9 & “ 2 5 6 . 2 6 ^ 1 7 6

6

7 7 3 , 1 0 8 t o , 7 ^ 5 . 5 2 , 3 3 2 . 5 / 1 * 0 2 . 1 3 / ' 1 * 0 2 0 3 / 1 7 6

8

9 7 6 , 5 1 6 7 3 , l 5 h 3 , 3 6 2 1 * 1 5 . 6 ^ ' 1 0 5 . 6 & 1 7 6

1 0

11

12 1 6 0 , 1 * 7 6 7 3 , 1 0 8 7 6 , 5 1 6 1 5 1 * , 6 1 1 * ' 7 0 , 7 7 5 , 5 7 3 , 1 5 1 * 5 , 8 6 2 1 2 , 3 3 2 , 5 3 , 3 6 2  ’ 8 7 8 ^ 9 - k o r j s f i a s . 6 & - 1 6 9 6 , 2 7 1 7 <
1 7 6

1 7 6

13
T .  -

14 3 1 0 , 1 0 0  • 2 9 8 , 5 1 * 3 . 5 1 1 , 5 5 6 . 5 1 6 9 6 . 2 7  ' 1 7 6

15

1 6

17

18

19

1 0

Intervenor’s Exhibits N
o.



< y « T . „  F a i r f i e ld  C ity _____________ „ <rF Hegro / ^ /

U-

V

i II s ! IV V VI VTI

NAME AND ADDRESS OF EACH 
SCHOOL

TEACHING POSITIONS
See Instruction 3 on bock page.

i  TOTAL NUMBER 
?  WITHDRAWN° (Item 10 prin . Ann. Report)

NUMBER ON ROLL AT 
CLOSE OF LAST MO.

#tem 11 Prin. Ann. Report)

TOTAL NUMBER 
ENROLLED

(Item 13 Prin. Ann. Report)

NET ■ 
ENROLLMENT

(item 17 Prin. A m . Report)REGULAR TEACHERS coun-
lors

Vocationa
Teachers

c5
EI«n>. 1-6 Jr. Hi. 7-9 Sr. Hi. 10-1 s< f

H
ig

h 
!

l
h J r .  Hi. 

7-9
Sr. HI. 
10-12

Elem.
1-6

Jr.̂ Hi- Sr. Hi. 
16-12 1-6 7-9 10-12 1-6 7-9 10-12

Tot.!’
1-12M«n Worn Men Worn Men Worn Men Worn Men Worn -j

Englewood 0 6 lx 1 1 8 31 3 185 57 216 60 191 58 2li9

38th S t .  & Terrace 0 J _

Robinsom 1 25 1 h 1 7 33 ' 2 LOGO 119 3033 3 2 1 1012 119 1131

6 l s t  S t r e e t  & A re. D

Interurban  Ht®. J r .  High 0 7 7 9 252 261 251t 25k

61^)5 A re. D

F a i r f i e ld  In d u s tr ia l  High 0 6 5 lit 0 0 5 - 3 9 u 13 16 216 k32 229 !&8 ■ 22ll UI16 670

U3S -  59th S tr e e t

T o ta l*
1 30 2 18 5 lit 0 0 5 3 1 Li 6k 27 1 6 3185 6hh U32 121(9 6 7 1 1 *8 . 1203 655 m 230U

r —

• 78 10? 2263,' 2368 2.30li

Intervenor’s Exhibits N
o.



S i r e .  1-6  J r .  H

32 ,938  9,958

Sr. HI. 10-12

A G G R E G A T E  A T T E N D A N C E
(Item 7 (c  f  f )  Prin. Ann. S r  port)

Elena. 1-6 J r .  HI. 7-9 Sr. Hi- 10-12

32,232 9,780

A G G R E G A T E  A B SE N C E
(lira* B (c -f f ) Prin. Annu«I Report)

702 218

Sr. Hi- 10-12

1 8 3 .1 * f 39.30/.
Sr. Hi- 10-12

238.iJr

TO TA L NUMBER 
OF DAYS TAUGHT

176 176

179,332 20,736 1 6 9 ,k93 2 0 ,Oil 9 5 ,83  9 707 963 ,0 5 -f 1 1 3 .9 1 / 1 0 7 6 .9 8 / 176 176

_ 5 _

_ 6

7

8 

_ 9  

10 

11 

12

13

14

15
16

17

18 

19

88,512 83,281 - 1231 2 8 3 .9 l/ 2llS.91̂ 176

5 “  
211.796"38,383 76,913 37,269 7li,6l8 1278 2293 823.9 > 633 •7& 176 176

208,266 113,769

: 98 ,988

76,913 201,723 110,339

386,682

: 78,618 6,381 3 ,830  , 2,295

12,266 ..

1186 , l i ? 6 2 6 ,9 2 /1 ,  823.9^9- 2 1 9 7 .0 # 176 176 176

: 197.037 876

Intervenor’s Exhibits N
o.



&  / 3 j

ITEM
Do not report any p at son  in  morn than o n e  p o s i t io n . R e p o rt e a c h  in d iv id u a l w iw r*

A L L
S C H O O L S W HITE SC H O O LS N E G R O  SC H O O LS

It® d e v o tes  h a lf  or  m o f* than h a lf  o f  h i *  tim®. A L L
G R A D E S E lem . 1-6 J r .  H i. 7-9 S r . H i. 10-12 E lem . J -6 J r .  H i. 7 -  9 Sr. H i. 10-12

X III Su p erin tend en ts an d A s s i s t a n t  Su p erin te n d en ts  w h o se  d u tie s  a re  m ain ly  a d m in is tr a t iv e . 1 0 0 0 ■ i 0 0 0

XIV
Su p erv iso rs : T h o se  who de v o te  a t  l e a s t  h a l f  th e ir  tim e to  S u p e rv is io n  o f  In stru ct io n . 1 0 1 0 0 0  v

XV
Su p erv isin g  P r in c ip a ls :  T h o se  who d e v o te  o t  l e a s t  h a lf  o f  th e ir tim e  to  A d m in istra tio n

•  and S u p erv is io n . * .  - 3  , 1 1 o 1 1 1

XVI A v e rage  number o f  d a y s  sc h o o ls  w ere in s e s s i o n :  (D iv id e  gran d  to ta l A g g r e g a te  A tten d an ce  
by grand to ta l A v e rage  D aily  A tten d an ce .) 176 176 1 7 6 V-l 176 176 176

A T T E N D A N C E  D A T A  B Y  G R A D E S
INCLUDE EXCEPTIONAL CHILDREN TAUGHT IN ALL SPECIAL CLASSES (Educable and Trainable)

l  . . * •» ! GRADE 1 GRADE 2 GRADE 3 GRADE * GRADE 5 GRADE 6. TOTAL
ELEMENTARY GRADE 7 GRADE S GRADE 9 TO TA L J R .  HI. GRADE 10 GRADE U GRADE 12 TOTAL SR . HI.

| I WET
! —j ENROLLMENT

j x  e ll Prin. Ann. 
|  Reports)

Bov*. 0 6 . 7 7 9 1 8 7 7  9 71* 1*91* . 7 7 6 7 . 7 6 2 2 2 7 2 8 5 5 3 2 1 0

Girls 7  9 ? 8 8 6 8 1 * 6 1 * 7 1 1 *8 2 6 ? 6 2 7 2 199 7 9 91 5 8 228
Total 1 6 ? 1 3 ? 1 7 7 1 7 1 1 1 *3 1 ! * ? 9 3 6  ' I h 2 1 2 9 1 5 0 L 2 1 - 1 5 1 1 7 6 i n 8 3 8

3 |  . AGGREGATE 
§  — DAYS ON ROLL 
X J  (Sum o f Item 6 on 
£  X  «U  Prin. Ann. 
u  Reports)

Boy* '  1 8 , 7 8 5 1 3 , 0 2 3  ' 1 5 , 1 ( 1 6 11* ,  809 1 3 , 8 1 * 9 1 2 , 9 ? 1 8 8 , 7 9 3 13,703 n , 8 8 9 1 3 , 2 6 3 3 8 , 8 1 5 1 3 , 0 0 5 1 8 , 7 8 7 8,770 3 6 , 5 2 2

-A.1. / l l i . 1 2 0 9 . 8 8 9  ■ 1 8 , 2 6 8 . 13,972 1 1 , 0 0 1 * 1 2 , 1 * 7 0 7 5 , 6 8 3 1 1 , 3 2 8 1 0 , 7 5 8 1 2 , 2 0 7 3 8 , 2 9 3 1 8 , 0 3 9 1 6 * 0 1 8 3 9 , 9 9 8

T o t a / 5 2 8 , 8 6 ? 2 2 , 8 7 2 2 9 , 6 8 ! * 2 8 , 7 8 1 2 1 * ,  8 3 3 2 3 , 1 * 2 1  ■ 1 6 0 , 8 7 6 2 3 , 0 3 1 2 2 , 6 C £ ! 5 , 8 7 0 7 3 , 1 0 8 2 7 . 0 8 8 3 0 , 7 6 5 18,707 7 6 , 5 1 6
X
*  AGGREGATE 

' x  ATTENDANCE 
K  tSum of Item 7 on 
1 e l l  Prin. Ann.

Reports) Y)

5 1 1 1 , 0 6 ? . ? 1 2 , 6 3 6 . ? l i , 9 3 8 . ? 1 1 * ,  2 8 0 1 3 , 1 * 9 6 1 2 , 3 6 7 . 0 8 1 , 9 8 3 . 5 1 3 , 3 6 7 . 5 . 1 1 8 6 2 . 5 1 2 , 8 ? 9 3 7 , 6 8 9 1 2 , 5 5 7 1 8 1 7 9 . 5 8 3 3 a ? 3 5 . 0 6 7

« / 7 1 3 , 8 9 0 . 5 9 , 3 7 1 * . ? 1 3 , 6 1 6 . 0 1 3 , 1 * 3 7 10, 721* 1 1 , 9 8 4 3 7 2 , 6 3 0 . ? 1 0 , 8 8 3 . 5 10368. 4 1 , 8 7 5 3 3 , 0 8 6 . 5 1 3 , 2 8 2 1 5 3 5 1 . 9 8 5 8 . : 3? , o ? 7  '

t . , . J ^ 2 7 , 5 S 6 , o 2 2 , 0 1 1 28,  ? ? ! * . ? 2 7 , 7 1 7 2 i * , 2 i k ) 21* , ? ? ? . : 1 5 8 , 6 1 8 . 0 28, 211. 2 1 8 3 0 . 5 2 8 , 7 3 8 7 0 , 7 7 5 . 5 2 5 , 8 3 9 2 9 5 3 0 . 5 1 7 7 8 8 . 5 7 3 , 1 5 8  '

NET
ENROLLMENT 

x  (Sum of ftem 17 or. 
X  a ll  Prin. Ann.

Bovs 1 1 ? 1 0 9 - 9 8 106 9 U 90 6 1 2 1 1 8 9 7 n ? 3 3 2 9 7 7 1 & 228
Girls 1 0 1 108 10U 91 97 90 591 n o 1 0 6 107 3 2 3 8 7 8 2 5 3 2 2 2

Total 2 1 6 2 1 7 . 2 0 2 . 1 9 7 1 9 1 1 8 0 1 2 0 3  ' 228 2 0 3 228 6 5 5  • 188 153 1 0 9 8 8 6  .

O
c  AGGREGATE 
=  ; _  DAYS ON ROLL
a? !~ l(Su m  of Item 6 on 
C |3 >  »JI Prin. Ann. 

Reports)

B „ . < ? 1 9 . ? 2 l t 1 8 , 5 1 ? 17, 11* ? 1 8 , 3 1 8 1 ? , ? 7 1 1 3 , 1 * 6 3 108,936 5 0 , 8 2 7 1 6 , 8 6 5 1 9 7 7 2 0 5 7 , 8 5 2 1 6 , 8 3 0 1 2 , 8 4 9 9 , 3 5 3 3 8 , 6 5 2

G” W / 1 7 , ? ? 2 1 8 , 6 9 1 18, 10! * 1 6 , 1 0 ? 1 7 , 1 3 2 1 5 , 7 8 6 1 0 3 , 3 3 0 1 9 , 1 7 1 1 8 , 3 6 3 1 8 , 7 8 3 5 6 , 3 1 7 4 ? , l 5 o - 1 8 , 1 0 0 9 , 0 1 1 3 8 , 2 6 1 “

t U > 37,076 3 7 , 6 0 6 3 ? ,  2 1 *9 3 l * , l * 2 3 3 2 , 7 0 3 3 1 , 2 0 9 2 0 8 , 2 6 6 39,998 3 3 , 2 2 8 3 8 , 5 8 3 1 1 3 , 7 6 9  , 31,980 2 6 , 5 6 9 1 8 , 3 6 8 7 6 , 9 1 3  -

J AGGREGATE 
— ATTENDANCE 
X  (Sum of Item 7 on 

a ll  Prin. aim . 
Reports)

■ W £ 19,180 1 8 , 3 9 8 1 6 , ? 3 1 1 7 , 6 3 9 a l — cTO- 0 1 3 , 1 1 7 1 0 1 , 7 8 5 - 9 , 9 8 9 l 6 , 5 L 6 1 8 , 8 8 6 5 5 , 3 8 3 16,118 1 2 , 0 8 9 9 , 0 6 7 3 7 , 2 7 0

O B . / 717,218 1 8 , 1 2 ? 1 7 , 1 * 6 7 1 ? , 3 8 7 1 6 ,1 * 1 * 3 1 5 , 3 0 0 99,9k0 1 . 8 , 5 6 1 1 7 , 9 7 2 1 8 , 8 2 3 5 8 , 9 5 6 18,801 13,703 8 , 8 8 8 3 7 , 3 8 8

936,398 3 6 , ? 2 3 3 3 , 9 9 8 3 3 , 0 2 6 3 1 , 3 6 3 3 0 , 8 1 7 2 0 1 , 7 2 5 3 8 , 5 5 0 38,520 3 7 , 2 6 9 1 1 0 , 3 3 9 30,915 2 5 , 7 9 2 1 7 , 9 2 1 7 8 , 6 1 8  :

Intervenor’s Exhibits N
o.



ITEM

XXIII, Original Entries from Ocher States by Grades and Race.

WHITE

NEGRO

Grade
1

8

Grade
2

3

Grade
3

2

Grade
4
2

Grade
5

5

Grade
6

%

T o o t
1-6
a

Grade
7

1

Grade
8

1

Grade
9

2

T otal
7 - 9

k

Grade
10

0

Grade
11

2

Grade
12

0

Total
1 0 - i2

2

h 1 1 0 1 1 8 2 3 1 6 0 1 0 1

TOTAL 12 4 3 2 6 5 3 2 3 i t 3 1 0 0 3 0 ___ 3 _

J J The number in Item A cannot exceed enrollment. j / A  student should be included each time he takes a  test o f the type indicated. 
J /  "Number Tested  Under National Defense Education A ct,”  can never exceed the number under "T o ta l  Number T e s te d ."  J / T o t a l  
of a ll  columns with footnote 3f .  6/T o ta l  of a ll  columns with footnote 4 / .

Note: T e s t s  given under NDEA must a lso  be listed  underJi/ for Grades 8 and 11. NDEA te s ts  axe given only in Grades 8  and 11 and 
the types are Mental Maturity (a) and Achievement Battery (b).

XXV. Number of Clerical A ssistan ts Employed In: 3 O ffice s___ 5

0 2 2: Total

XXVII.

xxvra.

Number of Janitors and Maids: Full-time
22

Si
; Part-time 

; Negro. Boys

0
52

• , 22  : Total

: T o tal, Boys 103. .
55 G irls , 1*9 10i» .

106 Total 101 Total 207

Intervenor’s Exhibits N
o.



I N S T R U C T I O N S

|  a . Beginning on line X of page 2 , E s t  alphabetically  name and address of each approved c la s s  
«» group of exceptional white pupils. C ircle  line number of each such c la s s  or group. 
Enter total for this ^o u p  in a ll columns, except those under Items I, HI, and XU.

b. Skip ooe Ene and l is t  alphabetically  name and address of each white one-teacher school. 
Enter total for this group in a ll columns, except those under Items I, HI, and XII.

c . Skip ooe line and E st  alphabetically came and address of each white two-teacher school. 
Enter total for this group^in all columns, except those under Items I, HI, and X U

Continue this plan, listin g  three-teacher. four-teacher, fire-teacher, and six-or-more- 
^pacher sch ools in separate groups according to number of teachers.

d. Including totals fot exceptional white pupils, find grand total foe each column, except 
those under Items X, HI, and X l£

* .  Begin on next page and repeat the a bore procedures for Negro sch oo ls. Indicate race in 
space provided at top.of pages.

2 . LINE SCHOOLS. Do not report any school jointly maintained by two counties ( " l in e  school’ *) 
unless the administration and supervision thereof are under your Board of Education a s  pro­
vided by Section 77 o f T itle  52 of the.Code o f Alabama 1940.

3- TEACHING POSITIONS-ITEM H:

a .  Only those positions in which a  person teaches more than half time in day sch oo ls should 
be reported in th is Item.

b. Do not report in Item II principals who teach h alf or le s s  than h a lf  time. Report them 
in Item XV.

c . No individual should be reported in more than ooe position. If  two or more teachers were 
employed at different tim es during die year to  teach the sam e grade or group c  grades, 
only ooe teaching position should be repotted.

«L No teachers of adult and evening c la s s e s  should be reported in th is Item.

e . C la ssify  a s  elementary school teachers a l l  who teach more than h alf time in grades 
(See i  below.)

L  C la ss ify  a s  junior high school teachers a ll who teach more than half time in grades 
(See i. below.)

3. TEACHING PO Sm O N S-IT EM  U (continued)

g . C la ss ify  a s  senior high school teachers all who teach more than half time in grades 10-12. 
(See i below.)

h. Cl«s.ay u. co.ais.lors «U  <rbo mere t ia o  h a l t t L . .  c m isc lo iio g . { S o . ib . l o w .)

L  la  c a se  a  teacher devoted exactly half time to instruction in each of two of the above- 
mentioned grade groups, c la ss ify  her in d ie  higher grade group.

4„ a. C alculate average daily attendance to three decimal p lace s and round off to two decimal 
p lace s.

b. I f  a  grade or school was taught for fewer number of days than die length of die school 
term, report correct data for the time caught. In such c a se s ,  give the reason for die short 
term and die name o f the school to which pupils and teachers were transferred.

5 . Before preparing final copy o f report, check items listed  below;

a . Horizontal and Vertical T o ta ls  o f columns under Item VI must equal sum of cotrespending 
Horizontal and Vertical columns under Items IV and V.

b. Horizontal and Vertical T o ta ls  of columns under Item VIII must equal th* sum of corre­
sponding Horizontal and Vertical T o tals o f columns under Items IX and X.

Co Vertical T o ta ls o f columns under Item 'VU foe white sch ools must equal corresponding 
Horizontal T o tals o f  columns under Item XVII.

«L Vertical T o tals o f columns under Item VTJ3 for white sch ools must equal corresponding 
Horizontal T o ta ls  o f columns under Item XVHL

e . Vertical T o ta ls o f columns under Item IX fee white sch ools must equal corresponding 
Horizontal T o tals o f columns under Item XXX.

f. Vertical T o ta ls o f columns under Item VU for Negro schools must equal corresponding 
Horizontal to tals of columns under Item XX.

Vertical T o ta ls  o f columns under Item VHI for Negro schools must equal corresponding 
Horizontal T o ta ls o f columns under Item XXI.

Vertical T o ta ls o f columns under Item DC foe Negro sch ools must equal corresponding 
iTorizoatal T o ta ls  of columns under Item XXII.

Intervenor’s Exhibits N
o. 3



STA T E O F ALABAM A

DEPARTM ENT OF EDUCATION
MOMTOOMEHY

Annua! Report— Part I

Attendance In Public Day Schools
OF

F A IR F IE L D
CITY

_£G Q 0H 1SX

FO R  SC H O LA STIC  YEA R ENDING JU N E  30, IB^ 3

T H IS R EPO R T SH O ULD B E  M ADE IN  TR IPLIC A TE A ND TWO CO PIES SHOULD B E  SEN T  
TO TH E STA T E D EPARTM ENT O F EDUCATION ON OR BEFO R E JU N E  15, 13 6  3

NO TE SP EC IFIC  IN STRU CTIO N S ON TH E L A ST  PA G E OF TH IS R EPO RT FORM  

B EFO R E BEG IN N IN G  TO M A K E TH E REPORT.

The figures contained in this report have been checked carefuEy and to m y best knowledge and 
belief they are correct.

Subscribed and sw orn to before me, this __7bfo____ day of._______,v.'4U;

utl: - _
4 /  Notary Publ-i

Intervenor’s Exhibits N
o.



\  <Y<TFU F a i r f i e l d  C i t y RA C E
VThlte

oz
z

1 II m rv V VI VII

NAME AND A D D R E SS O F EACH 
SCHO OL

T E A C H IN G  P 0 S I
See tnotructica 3 on b

R E G U L A R  T E A C H E R S

r io N S
ack page.

V O C . T E A C H E R S <3h

T O T A L  N U M BER 
WITHDRAWN

(Item 10 Prin. Ann. Report)

NU M BER ON R O L L  A T  
C L O S E  O F  L A S T  MO.

$;e=n 11 Prin. Ann- Report)

T O T A L  NUM BER 
E N R O L L E D

(Item 13 Prin. Ann. Report)

N E T
E N R O L L M E N T

(item 17 Prin. Ann. Report)

E l era. 1-6 J r .  Hi. 7-9 S '.  Hi. 10-i J r .  Hi. 7-9 Sr. Hi. 10-1 >
X

Eiera.
1-6

J r .  Hi. 
7-9

Sr. Hi- 
10-12 1-6

J r .  Hi- Sr. Hi. 
7-9 1 10-12 1-6

J r .  Hi. 
7-9

Sr. Hi. 
10-12

Elera.
1-6

j J r .  m. Sr. HI. 
10-12

Total
1-12Men I -Toro Men Worn Men Wora Men Wora Men(worn.

1 F o r e s t  H i l l s 0 12 1 6 22 317 3 3 9 32C 327

2 7 0 0 0  G r a s s e l l i i R o a d

3 G le n  Oaks 1 8 l 6 9 2 2 6 235 233 , r  [ +
■ i'% I4 1 2 0 0  H ig h la n d  D r iv e

5 U nderw ood 0 11 1 5 31 301; 3 ? 5 __ 213 i  1
6 4 3 0 1  A v en u e-F 1  i

7 0 2 1 9 6 8 7 16 68 27  2 75 288 72 280

8 5 3 0 1  C o u r t  B j  .J-
4

9 f s i r f l e l d  H ieh k 1 8 I E 1 9 12 13 21f i i a 3 S2 15k k 0 6 15 3 k 03
4

10

H11 T o t a l s 1 3k -10 8 l i t 1 1 2 8 9 29 2 k 9 1 9 t i!3 7 82 9 8 k k t 2 k-06' 9 3 8 k33 k o ? 1 7 7 k

12
3 7 (

13 73 122 1 7 1 0 1 8 3 2 1 7 7 k

14 : 1

15 t

16

1 7

18

19

20 1 j

Intervenor’s Exhibits N
o.



d
z
tu
z
-1

V I I I I X X X I X I I

A G G R E G A T E  D A Y S  O N  R O L L
(Item S  P r i l l. A im . R eport)

A G G R E G A T E  A T T E N D A N C E
(Item 7  (C I )  P r fn . Arm. R e p o rt)

A G G R E G A T E  A B S E N C E
(Item 8 (c -f 7 } Prim. Annum! Report)

A V E R A G E  D A I L Y  A T T E N D A N C E
(Item 9 Prin. Annual Report)

T O T A L  N U M B E R  
O F  D A Y S T A U G H T

(Item  I P n a

S l M .  l - « J r .  HI. 7-9 Sr. HI. 10-12 E la n . I-« J r .  HI. 7-9 Sr. Hi. 10-12 Elem . l-« J r .  H i. 7-9 Sr. Hi. 10-12 Elem. l-« j r .  Hi- 7-9. Sr. Hi. 10-12 Total 1-12
E lem
l- «

J r- H . Sr. Hi 
10-13

1 5 5 .5 8 1 514,126 1,1455 3 5 9 .2 9 3 0 9 .2 = 175

2 .

3 3 9 ,8 1 7 3 8 , 3814. 1,1433 219.314 2 1 9 .3 k 175

4

' 5 5 3 ,7 3 7 5 0 ,9 8 3 2,7514 2 9 1 .3 3 2 9 1 .3 3 175

6

' 7 1 2 ,0 8 8 . E 8 .3 8 2 1 1 ,6 2 8 146,5614.- 1460 1 ,8 1 8 6 6 .E 5 2 6 6 .0 8 3 3 2 .5 3 175 1 75

8

9 2 5 ,5 3 0 6 8 ;2 8 7 '214,5145 6 5 ,2 6 1 9 8 5 3 ,0 2 6 c r . U4O.2 6 3 7 2 .9 2 5 1 3 .1 8 175 175

1 0

1 1 1 6 1 ,2 2 3 . 7 3 ,9 1 2 6 8 ,2 8 7 1 5 5 ,1 2 1 7 1 ,1 0 9 6 5 ,2 6 1 6 ,1 0 2 2 ,8 0 3 3 ,0 2 6 8 8 6 .E l 1406.3k 3 7 2 .9 2 1 6 6 5 .6 7 175 175 175

1 2

1 3 3 0 3 , E 2 2 291,1491 1 1 ,9 3 1 1 6 6 5 .6 7

1 4

1 5

1 6

1 7

1 8

1 9

2 0
J

Intervenor’s Exhibits N
o.



s y s t e m ___F a l r f l p J d  H l t y .. Jleggo

l
in

e
 n

o
. 

I

I II t IV V V] M I

NAME AND A D D R E SS O F EACH 
SCHO OL

T E A C H IN G  POSI
See  Instruction 3 on b

R E G U L A R  T E A C H E R S

n o N S
cfe page.

V O C . T E A C H E R S 5

\  T O T A L  NUM BER 
?  WITHDRAWN
°  (Itera 10 Prin. A cs. Report)

N U M BER ON R O L L  A T  
C L O S E  O F L A S T  MO. 

£tem 11 Prin. Ann. Report)

T O T A L  NUM BER 
E N R O L L E D

(Item S3 Prin. Ann. Report)

N E T
E N R O L L M E N T

{item  17 Prin. Ann. Report)

EI era. 1-6 Jr- Hi. 7-9 Sr. Hi- 10-1 J r .  Hi. 7-9 ! Sr. Hi. 10-1
J  1-6 | 7-9

Sr. Hi. 
10-12 1-6

J r .  Hi- 
7-9

Sr. Hi. 
1<J-I2 1-6

J r .  Hi. j Sr. Hi- 
7-9 j 10-12

Elera. j J r .  Hi. j Sr. Hi. 
1-6 j 7-9 | 10-12

Total
1-12Men Cora Men Cora Men Cora Men W oo.j Men Icora j j

1 E n g l e w o o d 0 6 | OP .  2 L 8  . 2 0 | 1 0 1 9 4 6 8 2 1 1 t 7 8 1 9 1 7 3 2 6 L l

2 3 8 t h  S t .  &  T e r r a c e

3 R o b i n s o n  * 3 r ■ 1 8
1 e  2 7 l i t

9 8 2 3 5 7 1 0 0 9 3 7 1 9 8 3 3 6 5 1 3 1 ) 6

4
6 l s t ®  &  A v e «  D

5 F a i r f i e l d  I n d .  H i g h 0 5 s H t 5 3 9 u 1 2 2 8 1 8 2 3 9 8 1 9  I t E 2 6 1 9 0 1 ) 2 2 6 1 2

6 4 3 5 >  -  5 9 t h  S t r e e t 1
7 T o t a l s M - 1 - 1 5 5 H t -5 3 1

L  lf-7 3 6 2 8 1 1 7 6 • 6 0 7  ! 3 9 8 1 2 2 3 !  6 1 0 1 ) 2 6 1 1 7 1 t 6 2 8 1 ) 2 2 2 2 2 1 )

8 ' i

r * c*9. li l f ■ 7 2 i n , 2 1 8 1 2 2 9 2 2 2 2 1 )

1 0
S k i

i r 31
V

r ~ r '
1 2

1 3

1 4

1 5

16

1 7 ! 1

1 8 1
|

i
1

1 9 | ! !

2 0 j

Intervenor’s Exhibits N
o.



oz

I]

IX X XI X II

AGGREGATE DAYS ON ROLL
(Item 6 Prin. Aim. Report)

AGGREGATE ATTENDANCE
(Item 7 (c  -f- f )  Prin. Ana. Report)

AGGREGATE ABSENCE
(Bern S (c 4  ( )  Prin. Annuel Report)

AVERAGE DAILY ATTENDA
(Item 9 Prin. Annuel Report)

NCE OF DAYS T
(Item 1 P

R*P

AUGHT

ort)

K ir a . 1-6 J r .  HI. 7-9 Sr- HI. IO-12 Elam. 1-6 J r .  HI. 7-9 Sr- Hi. 10-12 Elem . 1-6 J r .  H i. 7-9 Sr. Hi. 10-12 Elem. 1-6 J r .  Hi- 7-9 Sr. Hi. 10-12 T o ta l 1-12 1-6 10-12

1 3 3 ,8 00 1 2 ,2 95 3 3 ,030 11 ,963 770 332 18 8 . 7U 68.36 2 5 7 .1 0 125. 5 2 . _ 12 f

?

* 17 1 ,0 6 2 6 2 ,5 3 5 163 ,773 6 0 ,2 3 2 7289 2 ,30 3 935 .85 31* .18 1 23 0 .0 3 175 17; 17;

4

*> 3 2 .5 W 7 1 ,8 1 8 3 0 ,7 11 68,233 1 ,83 7 3 ,5 8 5 175 .L9 3 89 .90 5 65 -39 175 175

6

7 2 0 k , 862 1 0 7 ,37 8 7 1 ,818 196 ,803 102 ,906 68,233 8 ,059 E .E 7 2 3 ,5 8 5 112E .59 588.03 3 8 9 .9 0 2102 .52 1 2 5 179 H Cr

8 — — _ — -~-v

9 3 8 b ,058 367,91^2 1 6 ,116 2102 .52

in

i i

i ?

H

14

1*>

16

1 7

18

19

20 J _______________ 1

Intervenor’s Exhibits N
o.



ITEM
Do. not report an y p erso n  in  more than o n e  p o s i t io n . R e p o rt e a c h  in d iv id u a l w here 
h e d e v o te s  h a lf  or m ore than h a lf  off h is  tim e.

A L L
S C H O O L S W HITE SC H O O LS N E G R O  SC H O O LS

A L L
G R A D E S E lem . I d J r .  H i. 7-9 S r .  H i. 10-12 • j j j  E lem . 1-6 * .  H i. 7 -  9 S r . H i. 10-12

X III Su p erin ten d en ts ond A s s i s t a n t  Su p erin te n d en ts  w h o se  d u t ie s  o re  m ain ly  ad m in is tra t iv e . 1 0 0 0 I S  0 0 0

XIV S u p e r v iso r s : T h o se  who d e v o te  a t  l e a s t  h a l f  th e ir  tim e to  S u p e rv is io n  o f  In stru ctio n .
1 o 1 H I  o 0 0

XV
S u p e rv is in g  P r in c ip a ls :  T h o se  who de v o te  o t  l e a s t  h a lf  o f  th e ir tim e to  A dm in istra tio n  

and S u p erv is io n . 2 1 1 ( 4  * 0 1

XVI C o u n se lo r s : (Sh o u ld  be in c lu d e d  in  Item  II, R e g u la r  H igh Sc h o o l t e a c h e r s .) 0 0 1 S | j  0 0 0

N u m ber o f  d i f f e r e n t  in d iv id u a ls  e m p lo y e d  a s  t e a c h e r s ,  fu l l  t im e , p a r t  t im e , s u b s t i t u t e ,  s p e c i a l ,  e t c . 1 5 12 - 1 i 1 1 0
XVII In c lu d e  p r i n c i p a l s  w ho te a c h  m o re  th a n  h o l f  t im e .  { T h i s  s h o u ld  n o t  b e  l e s s  th a n  t e a c h i n g  p o s i t i o n s  

re p o r te d  in  Item  II o f  t h i s  re p o r t .) WOMEN t o 2 £ 16 .. ; i 37 22 21

XVIII A v e rag e  number o f  d a y s  s c h o o ls  w ere in s e s s i o n :  (D iv id e  grand to ta l A g g r e g a te  A tten d an ce  
by grand  to ta l A v e rage  D aily  A tten d an ce .) 175 175 175 U !  175 175 175

A t t e n d a n c e  D a t a  b y  g r a d e s

( I NCLUDE  E X C E P T I O N A L  C H I L D R E N  T A U G H T  IN S P E C IA L C L A SS ES)
Itamj GRADE I GRADE 2 GRADE 3 GRADE * GRADE S GRADE 6 TOTAL

ELEMENTARY GRADE 7 GRADE 8 GRADE 9 TO TA L J R .  HL GRADE 10 GRADE l i GRADE 12 TOTAL S S . h :.

} } NET Bay a 60 86 92 85 73 75 590 65 72 73 212 £L 52. cU- 2,90
|X  (Sup, o f Item 17 on G irls 63 85 89 66 75 71 558 73 ?0 78 221 95 70 59 213
1 Reports) TOU! 153 171 181 150 157 llt6 933 138 H i? T 53 .......... !i33 17S 132 90 1-03

A GORE GATE 13,629 15 ,909 15,555 15,521 12 ,701 12,915 85,520 • 11,129 12,950 12,355 36,-U2li 15,776 10,158 7,155 32.063
I  X  .'Sun o f Item 6 on Girls 11,197 1 5 ,7 }0 15,789 11,121- 13,082 11,905 76,803 • 12,533 11,875 13,175 37,588 15.977 11.759 8,593 36.219
Oj Reports) 
f- Tots! 25,026 29,619 30,335 ■ 25,652 25,783 25, KL9 161,223 • 23,567 25,815 ’ 5 ,530 73,912 33.753 21,897 L5.637 63.237

AGGREGATE Boys 13,255 15,555 15,906 15,812 12 ,299 12 ,595 81.500 ' 10,726 12,153 u ,9 3 0 35,099 15,195 9.653 6,81t5 30,593
G irl, 10 , M3 lit  ,166 15 ,129 10.778 12 ,619 11,556 73,621 11,935 11j 510 12 ,615 36,010 15,251; 11,103 8 ,2 0 1 . 3 5 ,5 6 3

Reports) T .U . 23,727 28,610 29,035 25,790 25,918- 25,051 155,121 22,711 23,853 25,555 71,109. 29.558 20,756 15,057 65,251

NET Bovs 101 99 95 91 85 112 583 100 116 108 - 319 87 58 71 215
Girls -loS 100. 91 97 89 109 591 110 112 87 309 82 67 57 205

K  Reports)
Total 206 199 186 188 175 221 1 ,175 210 228 190 628 159 12 D 123 it22

C
G AGGREGATE Boys 17 ,393 17,635 16,633 16,173 15,133 19,262 102,233 16,.861 19,961 17 .855 ? - .6 9 7 H i.56- 10,035 12,073 36,793
a  X  (Sun of Item 6 on Girls 18,153 17,271 15,999 16,750 15,555 19,012 102,629 19,035 18,955 15,653 52,681 13.895 11.355 9,785 35,025
*  Reports) Total 35,556 35,905 32,632 32,913 30,592 38,275 205,862 f o , 8 95 38,935 32,553 107,373 23,560 21,360 21,653 71.813

AGGREGATE Boy, 16,863 1 6 ,85k 16,039 15,531 15,529 13,612 98,228 -15,123 19.306 16.599 52,028 13.775 9.335 11,557 35,668
X  (Sum of Item 7 onx  , i i  Tnn 17,583 16,702 15,225 15.852 15.685 18.523 9 8 ,5 7 5  j ft <(Y> »7.q 33.567

Reports) Total 3k,bh6 33,556 31,263 31,283 29,115 37,150 196', 803 13 1 ,33? 37,8-08 30,711 102,935 2 7 ,2hh 20*005 20^ 9-6 It 63,233

Intervener's Exhibits N
o.



ITEM

XXV. Original Entries from Other S tate s by Grades and Race.

Grade
1

Grade
2

Grade
3

Grade
4

Grade
5

Grade
6

Total
1 -6

Grade
7

Grade
8

Grade
9

Total
7 -9

Grade
10

Grade
11

Grade
12

Total
10-12

WHITE

NEGRO

TOTAL

h ___ 3 2 2 3 1 8 2 1 2 5 1 1 0 2

0 i 1 0 0 1 3 1 0 0 i 0 1 0 1

h 5 it 2 2 it 2 1 3 c l 2 6 1 2 0 ___ 3 _

XXVI. High School Pupils T ested  by Various Type T e sts  by Grades:

Grade 7 ________ Grade 8_________ Grade 9  Grade 10 Grade I I  Grade 12 Grades 7-12

A. Number tested at
29 336 159 257 2ll5 78

B. T e st Type: N o.-2/ 
Tested

No.
Tested

Tested  
Under ^  

ND EA

N o . - l /
Tested

N o . i /
Tested

N o . i /
Tested

N o . - ^
T ested

No.-5/
Tested

Tested
U n d c r^
NDEA

a . Mental Maturity
b. Achievement 

Battery
c . Single Subject 

Achievement
d. Multi-factor 

(3 or more)

2 9
2 9

336 lgo 257

182

232
2li5 78

number in Item A cannot erceed enrollment. _ J/A  student should be included each time he takes a test o f t ie  type^indicated. 
J / "N u m b e r  Tested  Under National Defense Education A ct,”  can never eiceed  the number under "T o ta l  Number T e s te d ."  J / T o c a !  
of a l l  columns with footnote 3 / •  6 / Total of a ll  columns with footnote 4 j .

Number of C lerical A ssistan ts  Employed In: Superintendent's O ff ic e ------------------ - ; Principals O ffices

XXV HL 

XXIX.

Number of Attendance Torkers: Full-time 

Number of Janitors and M aids: Full-time

Part-time

Part-time

; Total 

;  Total

2

23

XXX. Number High School Graduates: White 8 7 _____  ; Negro 3 2 3  ; T o ta l__ 2 1 0 .

o o

Intervenor’s Exhibits N
o.



I N S T R U C T I O N S

j  ^  Beginning on line 1 of page 2 , l is t  alphabetically  name and address of each approved c la s s  
or group of exceptional white pupils. C ircle line number of each such c la s s  or group. 
Enter total for this group in a ll  columns, except those under Items I, III, and XII.

b. Skip one line and l is t  alphabetically  name and ad d ress o f each white one-teacher school. 
Enter total for this group in a ll  columns, except those under Items I, 111, and XII.

c . Skip one line and l is t  alphabetically name and ad d ress of each white two-teacher school. 
Enter total for th is group in a ll  columns, except those under Item s I, III, and XIL

Continue this plan, listing  three-teacher, four-teacher, five-teacher, and six-or-more- 
teacher sch ools in  separate groups according to  number of teachers.

A. Including totals for exceptional white pupils, find grand total for each column, except 
those under Items I, EH, and X IL

e . Begin on next page and repeat the above procedures for Negro sch oo ls. Indicate race in 
space  provided at top of p ag es.

2.  LINE SCHOOLS- Do not report any school jointly maintained by two counties ( " lin e  school” ) 
unless the administration and supervision thereof are under your Board of Education a s  pro­
vided by Section 77 of T itle  52 o f the Code o f Alabama 1940.

5- TEACHING POSITIONS-ITEM O:

a .  Only those positions in which a  person teach es more than h a lf  time in day sch oo ls should 
he reported in th is Item.

bb Do not report in Item II principals who teach h alf or l e s s  than h alf time. Report them 
in Item XV.

c . No individual should be repeated in more than one position. If two or more teachers were 
employed at different times during the year to  teach die sam e grade or group of grades, 
only one teaching position should be reported.

«L No teachers of adult and evening c la s s e s  should be reported in th is Item.

e . C la ssify  a s  elementary school teachers a l l  who teach more than h a lf  time in grades 1—6. 
(See i  below.)

f . C la ss ify  a s  junior high school teachers a l l  who teach more than h alf time in grades 7—9. 
(See i  below.)

3. TEACHING POSITIONS—ITE.M II (continued)

g . C la ss ify  a s  senior high school teachers all who teach more than half tine  in grades 1 0 -1 2 . 
(See i below.)

h. Include Counselors with Regular High School teachers.

i- In c a se  a teacher devoted exactly  half time to instruction in each of two of the above- 
mentioned grade groups, c la ss ify  her in the higher grade group.

4. a . Calculate average dally attendance to three decimal p la c e s  and round off to two decimal
p la c e s.

b. I f  a  grade or school w as taught for fewer number of days than the length of the school 
term, report correct data for the time caught. In such c a se s ,  give the reason for the short 
term and die name o f the school to which pupils were transferred.

5- Before preparing final copy of report, check item s listed  below:

a . Horizontal and Vertical T o ta ls  of columns under Item VI must equal sum of cocrespcndlng 
Horizontal and Vertical columns under Items IV and V.

bw Horizontal and Vertical T o ta ls o f columns under Item VIII must equal the sum of corre­
sponding Horizontal and Vertical T o ta ls o f wolumns under Items K  and X .

Vertical T o ta ls  of columns under Item VII for white -schools must equal corresponding 
Horizontal T o tals o f columns under Item XIX .

d . Vertical T o ta ls of columns under Item VIII for white sch ools must equal corresrondin c 
Horizontal T o ta ls of columns under Item XX.

e. V ertical T o ta ls o f columns under Item IX for white sch ools must equal corresponding 
Horizontal T o ta ls o f columns under Item XXL

& V ertical T o ta ls o f columns under Item VII for Negro sch oo ls must equal corresponding 
Horizontal to tals of columns under Item XXD.

g . Vertical T o ta ls  o f columns under Item VHI for Negro schools must equal corresponding 
Horizontal T o ta ls  of columns under Item XXHL

b- Vertical T o ta ls  of columns under Item DC for Negro sch oo ls must equal corresponding 
Horizontal T o ta ls  of columns under Item .XXIV.

Intervenor’s Exhibits N
o.



STA TE OF ALABAM A

DEPARTMENT OF EDUCATION
MONTGOMERY

Annual Report— Part I

Attendance in Public Day Schools

F A IR F IE L D ,.
CITY

_xg0inz?£et
FO R SCH O LA STIC YEA R ENDING JU N E  30, 19 62

T H IS  REPO RT SHOULD B E  MADE IN  TR IPLIC A TE AN D  TWO C O PIES SH O U LD  B E  SEN T  
TO TH E STA TE D EPARTM ENT O F EDUCATION ON OR B EFO R E JU N E  15, 19

NOTE SPEC IFIC  IN STRU CTIO N S ON TH E L A ST  PA G E OF T H IS  REPO RT FORM  
BEFO R E BEG IN N IN G  TO M A K E TH E REPORT.

The figures- contained in this report have been checked careful! v *m d  to nvy best knowledge and  
belief they are correct. f i  N / " \

T Superintendent

Subscribed and sworn to before me, th is--- Xii-feb—-dav /6 i---------

//■
, 1962

N<

Intervenor’s Exhibits N
o.



\  F a i r f i e l d  C i t y ______ r a c f  . W hite

T ” I 0 II IV V VI ' MI
oz
ill

NAME A ND A D D R E SS O F  E A CH  
SC H O O L

T E A C H IN G  POSI
See  instruct!ess 3 on 1

n o N S
•ek P»«e.

c T O T A L  NUM BER 
WITHDRAWN

(item 10 Prin. Ann. Report!

NUM BER ON R O L L  A T  
C L O S E  O F  L A S T  MO.

tzem  11 Prin- Ann. Report)

T O T A L  NUM BER 
E N R O L L E D

(Item 13 Prin- Ann. Report) fr-.e
N E T

e n r o l l m e n t

J Eletn. t-6 ]r . Hi. 7-9 j Sr. Hi. IO-I Jr- Hi. 7-9 j Sr. H . 10-1 } 1-5 * ! « . j J r .  HI. Sr. Hi. Eletn. J r .  Hi. Sr. Hi. Eletn. J r .  Hi. j Sr. Hi. E lets. j Sr. Hi. 1 T ^ l
Hen Men Wots j Men f o e Men | Worn I Men lion s -j! j 7-9 10-12 1-6 7-9 . 10-12 1-6 . 7-9 1 10-12 1-6 1 7-9 i 10-12 j 1-12

l F o r e s t  H i l l s 0 1 6  1 1 6  32 SOC S l f l S o ? 5 0 5

2 7 0 0 0  G r a s s e l l i  R d .

3 U n d e rw o o d  E le m * 0 1 2 1 S  5 7 3 5 1 i ;0 8 3 7 7 3 7 7

4 lj.3 0 1  A v e n u e  F

5 B a k e r 0 2 1 1 0 6 8 1 0 1 7 Si; 2 6 9 6 ! ; 3 0 6 5 9 2 9 5 3 5 !;

6 5>301 A v e n u e  B

7 F a i r f i e l d  H ig h  S c h o o l 3 3 5 IS 0 0 3 0 9 ? 1 0 3 6 1 7 9 2 9 7 1 8 9 3 3 3 1 8 8 3 2 7 5 i l

8 6 1 0  V a l l e y  R o a d

9 T o t a l s 0 *0 4 1 3 5 IS 0 0 3 0 1 1 ; 9 9 . 2 7 3 6 9 1 i ; l i6 8 2 9 7 1 0 1 3 k 9 S 3 3 3 9 8 1 8 7 9 3?-7 178.7

10 —------- ■"

11 7 0 1 6 2 1 6 7 9 ieiu 171;

12

13

14

15

16

17
j

18

19

20

Ituervenor.’s Exhibits N
o.



d
z
Ui
z
J

V I I I i x  : X X I . X I I

A G G R E G A T E  D A Y S ON R O L L
(Item 6 Prin. Ann. Report)

A G G R E G A T E  A T T E N D A N C E
( I t * "  7 <c 1) Prln. Ann. Report)

A G G R E G A T E  A B SE N C E
IRem 8 (c +  £) Prln. Annual Report)

A V E R A G E  DAI
(Bern 9 Prln.

LY A T T E N D A  
Annual Report

N C E O F 0
(it
Ar

W S T A U C n T

E lan - 1-6 J r .  HI. 7-9 ar. HI. 19-12 Elem . 1-6 J r .  HI. 7-9 Sr. Hi. 10-12 Elem . 1-6 J r .  HI- 7-9 Sr. Hi. 10-12 Elem. 1-6 ■ j r .  HU 7-9 Sr. HI. 10-12 T o ta l 1-12
Elem
1-6

J r .  H lJsr .H l. 
7-9 [ 10-12

r  1 89 ,10 ft 8 5 ,6 1 k 3 ,k 9 0 1i 8 9 . 2 2 k-89.22 175

2

3 6 1 .9 2 8 6 0 .2 69 3 ,26 9 3 h k . 3 k 3 k b ' 3 k 175

4

•5 9 .7 5 2 5 l . k 7 0 9 .k 3 1 U 9 ,6 33 3 2 L . 1 .8 3 7 5 3 .8 9 283 . b i 3 3 7 . 5 ! ( 175 175

6

7 31 ,777 5'k,)+o6 3 0 , 8 6 1 5 1 ,5 67 916 2 ,839 178 .3 5 29k-.67 k 7 1 .0 2 175 175

8

1 6 2 . 1 8 k 8 3 ,2 h 7 - ■ 5 k ,h 0 6 1 5 5 ,3 0 k 80.1t9k 5 1 ,5 6 7  ■ 7 . 0 8 0  - 2 ,753 2 .839 . 88?*k5 k 5 9 . 9 & 29E .67 I 6I12 . 0I - 1 Z . 111. 175

1 0 -------- '■ —-------------- ' ------------- ^ — -----

II 300 .037 2 87 .16 5 12 ,672 IbkZ.Oi ?
1 2

n

1 4

n

1 6

1 7

18

1 9

2 0

Intervenor’s Exhibits N
o.



F a i r f i e l d  C i t y race N egroSY ST E M .

I II n IV V VI VII

oz
T E A C H IN G  P O SIT IO N SSe* Instruction 3 <m back peg®.

T O T A L  N U M BER 
a  WITHDRAWN

N U M BER ON R O L L  A T  
C L O S E  O F L A S T  MO.

T O T A L  N U M BER 
E N R O L L E D

N E T
E N R O LLM E N T

w SCHOOL ' ' R E G U L A R  T E A C H E R S V O C . T E A C H E R S <5 (Item 10 prin. .Mm- **v°*r> 1 Prin. Ann. R ep o") (Item 13 Prin. An . Report) ( p m  17 Prin Ann. Report!

E l . a .  1-6 J r .  HI. 7-9 Sr. HI. 10-1 Jr- HI. 7-9 Sr. HI. 10-1 * -C Elem. J r .  Hi. Sr. Hi. Elern. J r .  Hi. Sr. Hi. Elem. ! Jr-  Hi. | Sr. H:. Elem. I J r .  Hi. j Sr. Hi. Total
Men Tom Men Ton. Men 1 WOO Vet: Tom Men _i X  lm* IO-12 1-6 7-9 10-12 1 M | 10-12 1-6 | ‘ 7-9 j 10-12 1-12

'
E x c e p t io n a l  C la s s 0 1 L 0 _13_ 1" ___ 13 I '

2 6 l s t  S t r e e t  and Ave D

3 Englew ood' E lem * 1 6 0 ’ 2 1 8 2ft 8 239 72 263 85 1 _ £ 5 9 75 33ii
4 3 8 th  S t *  *  T e r ra c e |

5 R obin son  'Elern* 0 ” 2ft 1 ’ 6 1 33 11 910 ‘ 313 9ft3 32ft 920 319 1,239
6 6 l s t  S t *  & A ve* D
f F a i r f i e l d * I n d .  H igh 0 5 ■ -S 1 ? 0 0 5 3 j . 8 20 179 352 187 372 182 370 ' 552
8 4 3 5  -  5 9 th  S t r e e t

T

(  9 T o t a l s 1 * 31 1 •13 5 IS 0 0 5 3 I t ? 57 27 20 1X62 56ft 352 1219 591 372 1192 576 370 2 .1 3 8
10 —

___ ■ ' v~

11 7ft 10ft 2078 2182 213 £
12

13

14

15

16

17

18

19

20 |

Intervenor’s Exhibits N
o.



oz
tu

V I I I

A G G R E G A T E  D A Y S  O N  R O L L
a t « b 8 Prin. Ann. Report)

I X

A G G R E G A T E  A T T E N D A N C E  
(It®™ r  (c  f  ( )  Prin. Arm. Report)

X

A G G R E G A T E  A B S E N C E
(Rem |  (c | f )  Prio. Annual Rsport)

X I

A V E R A G E  D A I L Y  A T T E N D A N C E
(Xtem 9 Prfcn. Annuel Report) ° r <rt

X I I

\Y S  T ,

- J
Eiera. !-8 J r .  Hi- 7-9 * r .  HI. 10-12 Elem. I-ft J r .  Hi. 7-9 Sr. Hi. 10-12 Ei«ta. 1-6 J r .  HI- 7-9 Sr. Hi. 10-12 Elem. 1-ft j r .  HI- 2-9 Sr. Hi. 10-12 T o te l 1-12 1-5

l 2 ,2 7 5 2 ,2 5 ! 25 1 2 .8 6 1 2 .6 6 1 7 5

?
; l

s 1 2 ,6 9 0 Ill .SEC 1 2 .2 8 5 '1 .0 5 k k o g 2 3 9 . o j 7 0 .2 C 3 0 9 .2 8 1 7 5 175

A
1

5 1 < 8 . 8 k 0 5 k , 896 1 5 k . 592 5 3 ,k i 5 k ,2 k 8 l , k 8 l 8 8 3 .3 8 3 0 5 .2 3 1 1 8 3 .6 1 1 75 175

6 i

7 - 3 1 ,7 7 5 6 2 ,9 5 2 3 0 ,7 6 8 6 0 ,9 6 0 f 1 ,0 0 7 1 ,9 9 2 1 7 5 .8 2 3 k 8 .3 k 5 2k . 16 5175 175

R

9 ^ 2 0 k ,0 0 9 9 9 ,3 6 1 6 2 ,9 5 2 1 9 8 ,6 8 2 9 6 ,^ 6 8 6 0 ,9 6 0 5 ,3 2 7 2 ,8 9 3 1 ,9 9 2 1 1 3 5 .3 ^ 5 5 1 .2 5 3 k 8 .3 k 2 0 3 k .9 X " 175 1 7 5 175

10
-- . — ------ - -- -------------- =— — --- ' '

11 3 6 6 ,3 2 2 - 3 5 6 ,1 1 0 1 0 ,2 1 2 2 0 3 k .9 1

1?

n

14

i s '

16

17

18

10

20

Intervenor’s Exhibits N
o.



i
D o n o t i  a  port any  p erson in  m ors than *>ne po s i  H on. R ep ort e a c h  in d iv idua l w here 
h a  d e v o te s  h a lf  or moro than h a lf  o f  h is  tim e.

X T C ----------
SC H O O LS W H ITE  S C H O O L S FW N E G R O  SC H O O L

E
M

A L L
G R A D E S E lem . 1-6 J r .  H i. 7-9 S r . H i. 10-12 "  E lem . 1-6 J r .  H f. 7 -9 Sr. H i. IQ -12

x m Su perin tenden ts an d A s s i s t a n t  Su p erin te n d en ts  w hose du H es o re  m ain ly  ad m in istro ti v«l 1 0 0 0
: V i 0 0 0

X IV Su p erv iso rs : T h o se  who dev ote  a t  l e a s t  h a l f  o f  th e ir tim e to  S u p erv is io n  o f In stru ctio n . p ' j ’ Q S c ^ O O i s ^ 1 0 1 5 - -  I 0 0 0

XV
Su p erv is in g  P r in c ip a ls : T h o se  who d e v o te  a t  l e a s t  h a lf  o f  th e ir tim e to  A dm in istra tio n
an d S u p erv ision . fT h i s  shou ld  c orresp on d  to  paym ent for p r in c ip a ls  in your p art 31 F in a n c ia l R ep ort.) - 0 1 2 0  - 1

X V ]
Number o f  d ifferen t in d iv id u a ls  em p lo yed  a s  te a c h e rs ,  fu ll tim e, p art tim e , s u b s titu te , 
s p e c ia l ,  e t c .  Include p rin c ip a ls  w ho te a c h  m ore th an  h a lf  tim e . (T h is  sh o u ld  not be 
l e s s  th an  te ach in g  p o s it io n s  rep orted  in  item  II  o f  th is  rep o rt .)

M t i,
n . 1l 9 1 n

WOMEN 37 17 20 v  - V i 3 6  ' 15 21

X V II
A v e rag e  number o f d a y s  s c h o o ls  w ere  in s e s s i o n ;  (D iv id e  grand  to ta l A g g reg a te  
A tten dan ce  by grand to ta l A verage  D a ily  A tten d an ce .) 1 7 5  . 175 1 75 1 7 5 1 7 5  T 175

A t t e n d a n c e  D a t a  b y  g r a d e s

4 N C L U D E  E X C E P T I O N A L ' C H I L D R E N  T A U G H T  IN S P E CIA L C L  A SS ES)
Item GRADE 1 GRADE 2 GRADE 3 G R A D E  4 G R A D E  S GRADE 6 T O T A LE L E M E N T A R Y G R A D E  7 G R A D E  8 G R A D E  9 T O T A L  J R .  H I . G R A D E  1 0 G R A D E  1 1 G R A D E  1 2 T O T A L  S R .  H I .

■ YET
~  ENROLLMENT >  (Sam of Item 1 7  on. 
y  a l l  Prin. t o .  

Reports)

■ Boys e i •  8 ? 9 1 7 6 7 8 6 a b 7 b 8 0 6 8 8 b 2 3 2 5 8 5 2 5 2 1 6 2
Girls 8 3 8 3 7 b 7 6 7 8 73 b 6 7 7 b 7 3 1 0 0 2 b ? 6 8 5 7 b o 1 6 5
Total 1 6 b 1 7 0 1 6 5 1 5 2 1 5 6 1 3 b 9 b l 1 5 b U l l 1 8 b b 7 9 1 2 6 1 0 9 9 2 3 2 7

•J  AGGREGATE "  
§  DAYS ON RO LL 
r  ~  (Sam or Item 6 on 

a l l  Pstn. Ann. 
bi Reports)

Boys 1 1 . 7 0 1 1 5 . 2 8 9 1 5 * 6 5 1 2 . 5 3 2 - 1 3 . 2 8 b 1 0 , 2 1 2 8 0 * 8 3 1 3 , 9 9 b 1 1 . 3 9 0 I b . f c h b O . 188 9 ,9 3 1 8 ,3 7 7 8 * 2 2 2 6 , 7 3 0
Girls l k . 5 3 3 l b , 5 9 7 1 2 . 5 3 5 1 3 . 6 3 2 l b ,  0 1 3 1 2 ,5 9 1 8 1 , 9 0 1 1 3 , i n 1 2 ,7 7 5 1 7 , 1 7 1 b 3 , 0 5 9 . 1 1 , 6 1 3 9 ,7 1 7 6 , 3 b 6 2 7 , 6 7 6
Total 2 8 , 2 3 l | . 2 9 , 8 8 6 2 8 , 0 0 0 2 6 , 1 6 b 2 7 , 2 9 7 2 2,8 0 3 1 6 2 , 3 8 b 2 7 , 1 0 5 2 b , 3 6 5 3 1 , 7 7 ’  8 3 , 2 b 7 2 1 * * 16  / 9 b l b ,  7 6 6 , 5 b * c 6

I
*  AGGREGATE 

*  ATTENDANCE 
X  (Sam o f Item 7 on 

a l l  Prin. Arm. 
Reports)

B o y . 1 3 . 0 6 b l b . 5 3 3 l b . 872 1 1 . 8 9 b 1 2 , 8 8 3 9 ,9 0 8 7 7 . 1 5 b 1 3 * 3 9 1 1 , 2 1 2 l b , 2 3 1 3 8 , 8 8 2 9 , 6 2 1 7,9 8 6 7 . 8 3 b , 2 5 , 1 * 1
G irl. 1 3 , 8 2 2 1 3 , 8 2 5 12 ,0 0 6 1 2 , 9 9 8 1 3 , 3 8 b 1 2 , 1 1 5 7 8 , 1 5 0 1 2 , 6 5 7 1 ^ 3 2 5 1 6 , 6 3 b l * 1 2 U  , 0 8 5 9 , 2 2 6 5 * 1 5 2 6 ,1 2 6

Total 2 6 , 8 8 6 2 8 . 3 5 8 2 6 ,8 7 8 2b , 892 2 6 , 2 6 7 2 2 , 0 2 . 3 1 5 5 , 3 0 b 2 6 , 0 9 6 23,537 3 0 , 66! 6 0 * 9 b 2 0 , 7 0 6 1 7 , 2 1 2 1 3 * b 9 5 1 , 5 6 7
NET

ENROLLMENT 
JJ (Sam o f Item 17 on 
X  e ll Prin. Aim. 

Reports)

Boys 1 0 5 9 8 1 0 2 8 2 1 1 3 92 ■ 5 9 2 1 0 7 92 9 9 2 9 8 6 5 7 1 5 5 1 9 1
Girls 1 0 2 8 7 103 8 9 n o 1 0 9 6 0 0 1 1 3 8 2 8 3 2 7 8 7 2 6 5 b 2 1 7 9
Total 2 0 7 1 8 5 205 1 7 1 223 2 0 1 1 1 9 2 2 2 0 1 7 b 182 5 7 6 1 3 7 1 3 6 9 7 3 7 0

O AGGREGATE 
£  DAYS ON RO LL 
m X (Sam of Item 6 on 
O *  e l l  Prin. Ann. 
q  Reports)

Boys 1 7 * 6 9 1 7 . 1 3 6 1 7 * 8 3 i r . . i 7 b 1 9 . 2 7 2 1 5 * 9 3 1 0 1 , Z i 2 7 1 8 , 6 1 b 1 5 * 0 3 0 7 , 2 2 k 5 l , 3 b l 1 0 , 8 8 ? 1 2 , 1 * 9 , 3 7 7 3 2 * 5 9
Girls 1 7 , 2 7 7 * , 8 9 0 1 7 ,2 3 6 1 5 ,3 9 6 1 8 , 8 3 9 1 8 , 91* 1 0 2 . 5 8 2 1 9 . 8 * 1 3 , 6 * * , 5 5 1 b 8 , 0 2 0 1 2 , 32d 1 0 , 8 2 3 7 , 3 5 0 3 0 * 9 3

Total 3 b , ? b 6 3 2 ,0 2 6 3 b , 719 2 9 , 5 7 0 3 3 , 1 1 1 3 b , 8 3 7 2 C b , 0 0 9 3 8 * 7 9 2 9 , 1 0 7 3 1,775 9 9 , 3 6 1 2 3 , 2 0 - 2 3 . 0 1 8 1 6 , 7 2 7 6 2 , 9 5 2
Z.

AGGREGATE 
-  ATTENDANCE

[ JJ (Sam o f Item 7 on

Boy. 1 7 . 1 0 0 1 6 * 9 7 1 7 . 0 5 b 1 3 , 7 6 2 I 8 . 7 b 8 1 5 , 5 7 7 9 8 , 7 3 8 1 8 , 11* l b , 9 7 1 1 6 * 5 ] b 9 , 5 7 3 1 0 , 3 7 9 1 1 , 7 * 9 , 0 3 8 3 1 . 7 * 2
G irls 1 6 , 9 1 * 1 * * 3 3 I 6 , 6 b 9 l b , 9 9 2 1 8 , 3 3 8 1 8 , 5 8 8 9 9 , 9 1 * 1 9 , 2 6 5 1 3 , 3 2 0 l b , 3 1 0 b 6 , 8 9 5 1 2 , 0 1 ' 1 0 , 6 © 7 , 1 9 8 2 9 , 3 1 8

Reports) Total 3 b .  0 l * ‘ 3 0 , 9 3 0 3 3 . 7 0 3 2 8 , 7 5 b 3 7 ,0 8 6 3 b , 1 6 5 1 9 8 , 6 8 2 3 7 * 0 ? 2 8 , 2 9 1 3 0 , 7 6 8 9 6 , k 6 8 22,396 2 2 , 3 2 6 1 6 , 2 3 6 6 0 , 9 6 0

Intervenor’s Exhibits N
o.



ITEM

Original Entries from Other States by Grades and Race.

Total
1-6

- 1 3 _

22

Grade Grade Grade
9

_ 0 ____

t 0 ,

Total
7 - 9

Grade10 11
Grade

12
Total
10-12

High School P upils Tested  by Various Type T e sts  by Grades:

A . Number tested  at  
le a st once 2/ 288 263 0 1 0 2 1 6 1 0 8 1 E

B . T est Type: No. . 2 /  
Tested

N o .J ^
Tested

Tested
Under

4/
NDEA

No- 2 /
Tested

N o . y
Tested

N o . l /
T ested

N © .-^
T ested

N o - V
T ested

Tested
Under
NDEA

a .  Mental Maturity
b. Achievement 

Battery
c .  S ingle Subject 

Achievement
d. Multi-factor (3 or more)

288
288

2 6 3 0
1 6 8

200
9 2

1 8 2
1 8 2 -

20 0
9 2

2 / The number in Item A cannot exceed enrollment. J£ /A  student should be included each time he takes a te st o f the type.indicated. 
4 / * ‘Number Tested  Under National Defense Education A c t ,"  can never exceed the number under "T o ta l  Number T ested .’ * 5 / Total 
of a ll columns with footnote j$ / . 6/T o ta I  of a ll  columns with footnote A/,

XXVL Number of C lerical A ss ista n ts  Employed In: Superin tendent’ s  Office 3 ...... 1 P rin c ip als ’ O ffices

1 ; Total 2

1 2 2  „

XXIV. Number High School Graduates: White ^ : Negro 89 :  Total 176

Intervenor's Exhibits N
o.



I NS TRUCT I ONS

I .  a .  BeginningonHoe 1 o f page 2* l i s t  alphabetically  name and ad d ress o f each approved c la s s  
car group of exceptional white pupils. C ircle  line number of each such c la s s  or group. 
Enter total foe th is group in a ll  columns, except those under Items l ,  IE , and XU.

b. Skip oae line and l is t  alphabetically  name and ad d ress o f each white one-teacher school. 
Enter total for th is group in a ll  columns, except those under Item s I, JH , and XU,

c .  Skip one line and l is t  alphabetically name and ad d ress .of each white two-teacher school. 
Enter total for this group in a ll  columns, except those under Item s I, ITT, and XII.

Continue this plan, listing  thxee-teacher, four-teacher, five-teacher, and six-or-more- 
teacher sch ools in separate groups according to number of teachers.

dL Including to tals for exceptional white pupils, find grand total for each column, except 
those under Items I, HI, and XII.

e . Begin on next page and repeat the above procedures for Negro sch oo ls. Indicate race In 
sp a c e  provided a t  top of pages.

2 . LIN E SCHOOLS. Do not report any school jointly  maintained by two counties ( " lin e  school’ *) 
u n le ss the administration and supervision thereof are under your Board of Education a s  pro­
vided by Section 77 o f T itle  52 o f the Code o f Alabama 1940.

3- TEACHING POSITIONS-ITEM II:

a .  Only those positions in which a  person teaches more than half time in day sch oo ls should 
be reported in th is Item.

b. Do oot report in Item II principals who teach h alf or l e s s  than h a lf  time. Report them 
in Item XV.

c .  No individual should be reported in more than one position. If  two or more teachers were 
employed a t  different times during the year to  teach die sam e grade or group o f grades, 
only one teaching position should be reported.

d. No teachers o f adult and evening c la s s e s  should be reported in th is Item.

e . C la ss ify  a s  elementary school teachers a l l  who teach more than h a lf  time in grades 1—6 . 
(See h. below.)

f. C la ss ify  a s  junior high school teachers a l l  who teach more than h a lf  time In grades 7—9. 
(See h. below.)

3- TEACHING POSITIONS-ITEM U  (continued)

g. C la ss ify  a s  senior high school teachers all who teach more than half time In grades 10—12. 
(See h. below.)

h. In c a se  a  teacher devoted.exactly  half time to instruction tn each o f two of the above- 
mentioned grade groups, c la ss ify  her in the higher, grade group.

4 . a . C alculate average daily attendance to three decimal p lace s  and round off to two decimal
p la c e s.

b. I f  a  grade or school was taught for fewer number of d ay s than the length of the school 
term, report correct data for the time taught. In such c a se s ,  give the reason for the short 
term and the name of d ie school to which pupils were transferred.

5 . Before preparing final copy of report, check items listed  below;

a. Horizontal and Vertical T o ta ls  o f columns under Item VI must equal sum of corresponding 
Horizontal and Vertical columns under Items IV and V.

b. Horizontal and Vertical T o ta ls o f columns under Item VUI must equal the sum of corre­
sponding Horizontal and Vertical T o ta ls o f columns under Items IX and X.

c .  Vertical T o ta ls o f columns under Item VTI for white sch ools must equal corresponding 
Horizontal T o tals of columns under Item XVIII.

d . Vertical T o ta ls of. columns under Item VHI for white sch ools must equal corresponding 
Horizontal T o ta ls o f columns under Item XIX.

e. V ertical T o ta ls of columns under .Item IX foe white sch ools must equal corresponding 
Horizontal T o ta ls o f columns under Item XX.

f. Vertical T o ta ls o f columns under Item VII for Negro sch ools must equal corresponding 
Horizontal to tals of columns under Item XXL

g . Vertical T o ta ls o f columns under Item VIII for Negro schools must equal corresponding 
Horizontal T o ta ls  of columns under Item XXII.

h. Vertical T o ta ls o f columns under Item tX for Negro sch ools must equal corresponding 
Horizontal T o ta ls o f columns under Item XXIII.

Intervenor’s Exhibits N
o.



«;«s '
WH  I T E

- S c H O O u| W j j i * .

W'*jK
C 10 ■ in.)

,c\<i j  U - n i o v

X (1 -^ )

3
_ om 3 E \eme r3a ' 'j

i
_ p  o v <?

(.1-6)
VI i lU  E \i n,-,.

(Men 0 ^ 5  t Wm.  
o - t )





178

IN TER V EN O R ’S E X H IB IT  4
IN T H E U N ITED  STA TES D IST R IC T  CO U RT FOR 

TH E N O R TH ER N  D IST R IC T  OF ALABAMA 
SO U TH ERN  DIVISION

GEORGE R O BER T  BOYKINS, as next ' 
friend of TYW ANNA FAYE BOYKINS, 
et al.,

Plaintiff, 
vs.

FAIRFIELD BOARD OF 
EDUCATION, et al.,

Defendants.

Filed in Clerk’s Office, Northern District of Alabama, 
Aug. 16, 1965, William E. Davis, Clerk, U. S. District Court. 
By M. Claire Parsons, Deputy Clerk.

STIPU LA TIO N
IT  IS STIPU LA TED  AND AGREED by and be­

tween the parties through their respective counsel that the 
deposition of Mr. George Virgil Nunn, may be taken be­
fore Carmen Zegarelli, Commissioner, at the Federal Build­
ing, Birmingham, Alabama, on the 12th day of August, 
1965.

IT  IS FU R T H E R  STIPU LA TED  AND AGREED 
that it shall not be necessary for any objections to be made 
by counsel to any questions, except as to form or leading 
questions, and that counsel for the parties may make ob­
jections and assign grounds at the time of trial or at the 
time said deposition is offered in evidence, or prior thereto.

IT  IS FU R T H E R  STIPU LA TED  AND AGREED 
that notice of filing of the deposition by the Commissioner 
is waived.

CIVIL
ACTION

65-499



179

IN T H E U N ITED  STA TES D IST R IC T  CO U RT FOR 
T H E N O R TH ER N  D IST R IC T  OF AUABAMA 

SO U TH ERN  DIVISION

GEORGE R O B E R T  BOYKINS, as next 
friend of TYW ANNA FAYE BOYKINS, 
et al.,

Plaintiff, 
vs.

FAIRFIEUD BOARD OF 
EDUCATION, et al.,

Defendants.

August 12, 1965 
Birmingham, Alabama

BEFORE:
CARMEN ZEGARELLI, Commissioner 

APPEARANCES:

MR. D EM ETRIUS C. NEW TON, Masonic Temple 
Building, Birmingham, Alabama, appearing for the Plain­
tiff; MR. ORZELL BILLING SLEY, JR ., Masonic Temple 
Building, Birmingham, Alabama, appearing for the Plain­
tiff

MR. BRIAN LANDSBERG and MR. JAMES W. 
PH ILLIPS, Civil Rights Division, Washington, D. C., ap­
pearing as Interveners on behalf of the Government.

MR. MAURICE BISHOP, Frank Nelson Building, 
Birmingham, Alabama, appearing for the Defendants.

INDEX
Witness

George Virgil Nunn

Examination by Mr. Landsberg

CIVIL
ACTION

65-499

5 75



180

Examination by Mr. Bishop 64

Examination by Mr. Newton 72

I, Carmen Zegarelli, Official Court Reporter and No­
tary Public, State of Alabama at Large, hereby certify that 
as provided by the Federal Rules of Civil Procedure of the 
United States District Court and the foregoing stipulation 
of counsel, there came before me at the Federal Building, 
Birmingham, Alabama, beginning at 9:45 a.m., Mr. George 
Virgil Nunn, witness in the above cause, for oral examina­
tion, whereupon the following proceedings were had:

GEORGE V IRG IL NUNN,
being first duly sowrn, was examined and testified as fol­
lows:

EXAM INATION BY MR. LANDSBERG:

Q Would you please state your full name?

A George Virgil Nunn.

Q What is your address, Mr. Nunn?

A Residence?

Q Yes, sir.

A 5032 Parkway, Fairfield, Alabama.

Q Are you the superintendent of schools for Fairfield, 
Alabama?

A Yes.

Q How long have you held that position?

A Nineteen years.

Q So, that would mean you started in 1946?

A Correct.



181

Q How long have you lived in Fairfield?

A 31 years.

Q Could you describe your educational background for 
us?

A I have a Bachelor of Science degree from Auburn Uni­
versity, Master of Science Degree from Auburn University, 
additional graduate work at Columbia University.

Q Have you held any other positions with the Fairfield 
Board of Education?

A Yes.

Q And what are those?

A Teacher, principal and superintendent.

Q And has your career then covered 31 years in the Fair- 
field School System?

A Yes. May I restate that? My career in the Fairfield School 
System cover 31 years; I have other experience.

Q And what was that, Mr. Nunn?

A Two years in Pickens County, Alabama.

Q As a teacher?

A As a teacher.

Q In your capacity as principal and as teacher and then as 
superintendent in Fairfield, have you visited all of the 
schools in the system?

A Yes.

Q And do you regularly visit all of the schools each year? 

A Yes, I do.

Q And you attend graduation of the schools?



182

A Yes, sir.

Q And you attend P.T.A. Meetings?

A I have attended P.T.A. Meetings at all schools.

Q And have you talked with teachers and principals and 
parents of children and with children from all of the schools?

A Yes.

Q Could you state what the respective duties are of the 
superintendent of education and of the Board of Education?

A Yes, sir.

Q In Fairfield?

A The duty of the Board of Education is to establish pol­
icy. The functions of the superintendent is to carry out the 
policies established by the Board of Education.

Q Mr. Nunn, I would like to show you a map which I 
would like marked as Plaintiffs Intervenor’s Number 1.

(Exhibit marked.)

Q Looking at Plaintiffs Intervenor’s Number 1, does that 
appear to be a fair representation of Fairfield, Alabama?

A Yes, I believe so.

Q And you will note that there are red squares on places 
on the map.

Do those squares appear to indicate where the white 
schools in Fairfield are located?

A Yes.

Q And do the green squares appear to indicate where the 
N egro Schools are located?

A Yes, sir.



183

Q And over on the lefthand margin is a legend giving the 
name of each school by a number which appears also in each 
square.

Do those numbers appear to correspond correctly?

A That’s correct.

Q And by the name of each school in the legend numbers 
appear indicating the grade covered by those schools; are 
those numbers correct?

A Yes, sir.

Q Now, Mr. Nunn, I would like if you could, for you to 
indicate on this map the areas which are predominately 
white and the areas which are predominately Negro; would 
that be possible?

A In general terms it would be possible. I don’t know that 
I could trace street lines.

Q Well, would it be true that—

MR. BISHOP: Excuse me.

May we inquire as to whether you are inquiring as to 
the residence locations of the predominately white or col­
ored?

MR. LANDSBERG: Yes, sir.

MR. BISHOP: All right.

Q Would it be true that extending approximately up 51st 
Place, the area to the right is predominately white, and the 
area to the left is predominately Negro, up until Wiebel 
Drive?

A Up until Flint Ridge Road, I would say, which is this 
road going right along here (indicating).



184

Q All right.

If I draw a line up 51st and across Court B, and then 
up 55th Street, would that be an accurate demarcation line?

A You are not speaking now of predominately—of pre­
dominate areas, you are speaking of specific areas; is that 
correct?

Q Yes.

A I believe we have been asked to prepare a document 
to present in court from which would show those lines.

MR. BISHOP: Frankly, I am a little bit confused be­
cause I don’t understand what you mean by predominately. 
I think there would be certain residences in that area where 
you have white or colored. Predominately, you mean more 
than fifty percent of the residents?

MR. NEW TON: More than ninety percent in the area 
that he refers to.

MR. BISHOP: Can we have an indication of whatever 
you mean by your term?

Q All right.

Would you say in the area that I just indicated that it 
is over ninety percent Negro?

A In my opinion, that would be correct.

MR. BISHOP: Have you made any check of that, any 
physical inspection?

A No.

Q And then up Court B, would that be correct?

A What is your question?



185

Q Would that be a correct line, to cut off a white area 
from Negro area?

A Still speaking in terms of predominance, yes, sir.

Q All right.

And then turning right at 55th Place up to Flint Ridge 
Road?

A That would fall within the same category.

Q And then following along this line here; is that right 
(indicating)?

A Yes, sir.
Q And then just continuing over to Wiebel Drive; is that 
right?

A No; there are no residences in this area (indicating).

Q So, if I draw a line over to Wiebel Drive—

A T o  be more accurate, I believe, would be to come down 
and include this housing project (indicating).

Q That is the next thing I want to do.

MR. BISHOP: May the record show the witness did 
not identify the extension of the line across the unoccupied 
property to the south of the general offices of the United 
States Steel Corporation.

Q If I draw a line along this area, would that be an accu­
rate cut-off between the white and Negro area? (Indicating)

A Yes, I believe it would.

Q And, now, if I draw a line up Wiebel Drive, will that be 
an accurate dividing line?

A Well, it is not the dividing line that the Board of Edu­
cation uses.



186

Q But, as far as the racial composition of the neighbor­
hood, would that be accurate?

A I think so.

Q Now, extending down Avenue H, would it be accurate 
to draw a line down Avenue H up to the area where Block 
10 is located here (indicating)?

A Yes; where you are pointing would be.

Q And then to draw the line in this manner (indicating)?

A Yes, sir.

Q Now, if I put a number one in this area, would it be 
true that this area with the Number One would be an area 
that is ninety percent or more Negro (indicating)?

A In my opinion, it would.

Q And would it be true that the entire area to the south 
of area one and to the west of area one would be predom­
inately white?

A Yes. Predominately white if you are speaking of west of 
Wiebel Drive. I shall not speak of the south, because you are 
getting into the City of Midfield.

Q If we draw a line along the site of Fairfield Boundaries 
here, and label that number two, would that be a white 
area?

A Yes.

Q And over and around the Englewood School is again a 
predominately Negro section?

A Yes, sir. predominately so.

Q And where would that line extend?

A 37th Street.



187

Q How far up 37th?

A All the way to—well, that is Gary Avenue, I believe.. 

Q Gary Avenue comes in Parkway?

A Up to Avenue F (indicating).

Q Up to Avenue F?

A As designated on this map.

Q Extending down Avenue F to about 39 th Street?

A Yes.

Q And then, back down 39th Street?

A Yes.

Q And would I want to turn right here (indicating)?

A Yes.

Q And go down to 40th Street or down to 40th Place?

A 40th Street.

Q Like that (indicating)?

A Yes, sir.

Q Is that correct, along the City Limits?

A Yes.

Q So, if I labeled this area number three, this would be 
predominately Negro area?

A Yes.

Q And would it be fair to say that the rest of the City is 
predominately white?

A I think that would be a fair statement.

Q Thank you.



188

MR. NEW TON: Could I ask one question about the 
map here.

Mr. Nunn, in this area that has been labeled number 
one, would you say that with the exception of some whites 
who are running businesses in that area, there are no white 
residences in that area?

A To the best of my knowledge, there are no white resi­
dences in that area.

Q Mr. Nunn, during the time that you have lived in Fair- 
field, have there been annexations to the City?

A Yes.

Q Would you tell us when those annexations were made 
and what areas?

A You have asked me two questions. I cannot give you the 
dates of the annexations, I can give you the areas.

Q Fine.

A The area we described as the Forest Hills Area has been 
annexed. The large portion of it has been annexed since I 
have been superintendent of schools. The area we described 
as the Glen Oaks area has been annexed since I have been 
suprintendent. The area described as the Belle Wood Area 
has been annexed since I have been superintendent of 
schools.

Q Is the Belle Wood area contiguous to the Glen Oaks 
Area?

A No.

Q Where is it?

A Contiguous to the Forest Hills Area.

Q Is it correct that a new subdivision is presently being



189

built in the area between Forest Hills and Glen Oaks?

A I do not know the answer to that question.

Q Mr. Nunn, can you give us an approximation of the 
number of students in the parochial school system?

A Approximately 4,000.

Q Would you be able to break those down by race?

A Yes.

Q What would the racial breakdown be?

A As of the close of school last May, 1779 white students, 
2159 Negro students.

Q Of that number, would you be able to say how many 
students were non-residents of Fairfield?

A I cannot say at the moment how many are non-residents. 
I could provide that information for you at the hearing, 
if you so desire.

Q Well, would it be a substantial number, say over a 
hundred?

A If you are speaking for the entire system, there would 
be over a hundred.

Q In the white schools in Fairfield, you use what is com­
monly referred to as the six-three-three system; is that cor­
rect?

A That’s correct. We have just begun that system, only 
been in operation two years.

Q Could you describe what a six-three-three system is?

A Yes, I can describe it.

Q Would you, please?



190

A Grades one through six are designated as elementary 
grades; grades seven, eight and nine are designated as Junior 
High School; grades ten, eleven and twelve are designated 
as Senior High School grades.

Q When did the Board of Education decide to change 
from the previous system to the six-three-three system?

A 1963.

Q And when was the change made?

A At the opening of the 1963-64 School Year.

Q What system existed before that time?

A I would describe it as an eight-four organiaztion.

Q In making the change, were there any problems in­
volved of renovation of the schools or of shifting of the 
school population?

A Yes, there were some problems.

Q Could you tell us what those problems were?

A One problem, of course, was gaining community accept­
ance of a change in the organization of the school system. 
Another problem was the allocation of space. Another prob­
lem was securing of funds to carry this new organization 
through to completion, which we are involved in at the 
present time.

Q What did the Board of Education do to meet these 
problems?

A We—

Q Taking first the problem of community acceptance?

A The superintendent met with various community 
groups, usually upon request; use of the daily newspaper



191

published in Birmingham, and by personal contact with 
citizens.

Q And the second problem was allocation of space.
What steps did the Board take to meet that problem?

A The Board followed the recommendations of the Uni­
versity of Alabama Survey Team.

As a matter of fact, it was out of that Survey that this 
re-organization was started and we had carried out, to the 
best of our ability, and we think have complied with each 
recommendation that was made in that survey.

Q What were those recommendations?

A T o abandon Baker School.

Q Is Baker School a school that is now— the area that is 
now occupied by the City Jail?

A Yes.

Q All right.

A To build a new elementary school on what was known 
at that time as the American Legion Property Site, and to 
convert what was known at that time as Underwood School 
into a Junior High School.

Q What grades had previously been covered by Under­
wood School?

A Grades one through six.

Q And after finishing the sixth grade, where did the stu­
dents then go?

A T o Baker School.

Q Where they completed the seventh and eighth grade?

A Correct.



192

Q And then did they go to Fairfield High School?

A Yes.

Q Was the site that you described as the American Legion 
Site, is that now referred to as the C. J. Donald School?

A That’s correct.

Q What was the reasons for changing from an eight-four 
to six-three-three system?

A We think it is better to keep children of the same age 
group together for social reasons, because it is during the 
important adolescent period of their young lives, and it is 
felt that their needs can be best administered to under such 
an organization.

Q Does the six-three-three organization provide for the 
Junior School Students a greater diversity of course offering 
normally?

A Certainly is possible to provide for such a diversity.

However, we did not change our course of offering 
when we went into the new organization.

Q Prior to the re-organization, did seventh and eighth 
graders have the same teachers for all classes except maybe 
for Music?

A No.

Q And they always had a different teacher for different 
subject matters?

A We tried our best to assign teachers on the basis of their 
major or minor field of preparation.

Q All right.

In the Negro School System at present, is it true that as



193

to students in the Englewood Area, there is an eight-four 
system, and as to students in the Robinson Elementary area, 
there is a six-two-four system?

A That is correct at present. I would like to include in 
my answer that we are going through a transition period at 
the present time, working towards a complete six-three- 
three organization and plans have been made, and the ar­
chitect is working on plans for a new building for the Inter- 
Urban Heights Junior High School,

Q And when that building is completed, what changes 
will take place in the structure of the Negro School System?

A The Inter-Urban Heights area where the Robinson and 
Industrial High School is located, as well as Inter-Urban 
Heights Junior High School, at that time, all children in the 
seventh, eighth and ninth grade will go to Inter-Urban 
Heights School.

Q Will any change be affected as to the students attending 
the Englewood School?

A We have no definite plans for that at this time.

Q When the city annexed the Glen Oaks and Belle Wood 
and Forest Hills areas, did those areas at that time have 
schools?

A No.

Q And what did the City do to provide schooling for the 
children in those areas?

A Provided funds for the construction of buildings.

Q And which buildings were constructed in those areas?

A Forest Hills Elementary School and Glen Oaks Ele­
mentary School. The City only proided part of the money, 
the State of Alabama provided the remainder.



1 9 4

Q When the Baker School was destroyed and moved to the 
American Legion Site, what were the considerations under­
lining that move?

A The survey team from the University of Alabama re­
ported to the Board of Education that in their opinion 
Baker School was an obsolete building for educational pur­
poses. The Board accepted that recommendation, agreed 
with it, and set out to purchase the property owned by the 
American Legion.

Q Well, would it have been necessary—was it merely 
the building that was inadequate, or was the site also 
inadequate?

A We only considered the inadequacy of the building.

Q But, the Board—did the Board consider rebuilding 
on the same site?

A No.

Q What was the reason for that?

A One of the reasons was the fact that the City of Fair- 
field wanted the property for a Fire Station and Jail.

Q Were there any other reasons?

A I don’t think so; you understand, of course, that the 
Board of Education is an arm of the City government and 
therefore, we try as best we can to co-operate with them 
and at the same time to provide adequate educational fa­
cilities.

Q Was the Baker School site an adequate site for a 
school?

A Well, much was to be desired in the amount of area for 
physical education and recreation.



195

Q What are the considerations that the Board has in 
mind when it goes about choosing a site for a school?

A Well, of course, in an urban area, the availability of 
property is the primary factor. The desires have to come 
secondary.

Q What would the desires be in choosing a site?

A Well, I would say a minimum of ten acre site would 
be the desirable consideration.

MR. BISHOP: Is that without recreation facilities?

A Well, for an elementary school, I think that would be 
sufficient, including recreational facilities.

Q Other than the change that you described of Inter- 
Urban Heights, does the Board have any other plans for 
changes in the school system at present?

A Not at present.

Q Were any plans for any additional buildings other 
than the Inter-Urban Heights building made?

A Well, we are constantly planning, of course, as funds 
become available. We don’t have any funds in sight that 
we know about that we will have—that will permit any 
new construction other than the Inter-Urban Heights 
High School.

Q How long has the Inter-Urban Heights School been in 
existence?

A Two years.

Q What was the system prior to the construction of the 
Inter-Urban Heights School in the Negro System?

A An eight-four organization, same as it was in the white 
system.



196

Q At that time, was the Robinson School extremely over­
crowded?

A Yes.

Q And were there children going to classes on off site 
classrooms?

A Yes, for short periods of times.

Q Where were those classrooms located?

A One was located in a church building across the street, 
another was located in an auditorium building of a business 
firm across the street from the campus.

Q Has the Fairfield School System received Federal Funds 
in the past?

A Yes.

Q And under what programs has it received those funds?

A The lunchroom program, the National Defense Educa­
tion Act, and for vocational education.

Q Under the National Defense Education Act, would 
that be Titles 3 and 5 of that Act?

A Yes.

Q And is the Board currently receiving funds from those 
Federal Programs?

A We did up through June 30th.

Q Has—

A I cannot answer the question as to what the present 
status is.

Q Does the Board plan to receive Federal Funds in the 
future?



197

A Yes, we plan to.

Q Has the Fairfield Board of Eduaction submitted a 
desegregation plan to the Office of Education of the Depart­
ment of Health, Education and Welfare?

A No.

O Does the Fairfield School System operate bus routes for 
its students?

A No.

Q Does it have any arrangements with private bus com­
panies to bus students?

A The Board of Education has no such arrangements. 
However, private transit lines are transporting students 
to school, but it is of their own development.

Q And which schools, or to which school, and from which 
areas are the students being bused?

MR. BISHOP: Well, I don’t believe that would be 
a matter that would be under the full control of the Fair- 
field Board of Education, it is operated without any con­
tributions and arrangements or suggestions of the Fairfield 
Board.

Q You don’t have bus service?

MR. BISHOP: We object to it.

MR. BILLING SLEY: He is only laying a predicate 
to bring out other points.

MR. BISHOP: I can’t see any possible relevancy of a 
person that catches a bus direct or indirect on the part of 
Fairfield Educational System.

Q Mr. Nunn, is it correct to say that the Negro students



198

who live in the Englewood Area of town travel approxi­
mately one and a half miles to Fairfield Industrial High
School?

A I think it is fair to say that.

Q And would it be fair to say that those students live 
approximately a quarter of a mile from Fairfield High 
School?

A Well, I would think that the distance is further than 
a quarter of a mile.

Q A third of a mile?

A Possibly.

Q And would it be fair to say that the students, the white 
students who live in the Glen Oaks area, Forest Hills Area, 
travel on a route that takes them past the Fairfield Indus­
trial High School on their way to Fairfield High School?

A I don’t think it is fair to say that.

Q Is the distance to Fairfield Industrial High School sub­
stantially less from those areas than the distance to Fairfield 
High School?

A As the bus has to travel, or automobile has to travel, in 
my opinion, it is not substantially different.

Q Mr. Nunn, when is school opening planned for 1965- 
66 School Term?

A For students or teachers?

Q For students?

A September 1.

Q For teachers?

A August 30th.



199

Q Mr. Nunn, could you tell us the year of construction of 
Fairfield High School?

A 1928.

Q And since that time, have any additions been made to 
the High School?

A No.

Q Is the gymnasium the original gymnasium at Fairfield 
High School?

A Yes, it is the only gynasium that it has had.

Q That was built at the same time of the school?

A No.

Q When was it built?

A 1949.

0  Could you tell us in general what special facilities the 
Fairfield High School has, does it have an auditorium?

A Yes.

Q Does it have a gymnasium?

A Yes.

Q Does it have a lunchroom?

A Yes.

Q Does it have shops?

A Yes.

Q How many classrooms does Fairfield High School have?

A Sir, I can provide that information at the hearing, but
1 do not have that information at my fingertips.



200

Q How many acres is the Fairfield High School site?

A Seven.

Q And are— is there an additional six acres that is occu­
pied by the Fairfield Junior High School?

A Yes, sir; and in answering your question, I was consid­
ering that half was occupied by Junior High School and 
half by the Senior High School.

Q Is the acreage shared by the two schools?

A Yes, sir.

Q So, between the two schools, there are thirteen acres; 
is that correct?

A Yes, sir.

Q Is there a large, grass, play area in back of the Fairfield 
High School?

A I wouldn’t describe it as such. There is a large football 
field back of the Fairfield High School, but it is not used for 
physical education, for play purposes.

Q What facilities are used for physical education and play 
purposes?

A There is a grassed area for small games, such as volley­
ball, badminton, horseshoes, even softball.

Q Is it correct that last year that per pupil financial report 
at Fairfield High School was approximately $290.00?

A I don’t feel that I could answer that question today. 
I could have the information for the hearing, if it is desired.

Q That would be requested in the accreditation document 
submitted by the school; is that correct?



201

A I would like to say that it would be reflected in the 
annual school audit, is where I would go to get the answer 
to that question.

Q Does Fairfield High School offer a distributive educa­
tion course?

A Yes, sir.

Q Would you tell us what distributive education course 
consist of?

A Distributive education is the opportunity for junior 
and Senior High School students to receive training in the 
work-a-day world as relates to sales experiences.

Q Does Fairfield High School have a full time guidance 
counselor?

A Yes.

Q And does Fairfield High School offer two languages to 
its students, French and Latin?

A It did during the past year, it will not during the com­
ing school year.

Q What languages will be offered next school year?

A Not any on a first year basis.

Q What is the reason for that?

A Because of decrease in the request for foreign languages. 

Q When was Fairfield Industrial High School built?

A 1940.

Q Since then, have any additions been built?

A Yes.

Q What were those?



202

A A six room addition, six classroom addition was built 
in the mid-50’s. That information will show on the infor­
mation that you have asked for for the hearing.

We should also consider the new gymnasium at the 
new Industial High School that was built, in 1962 or ’63.

MR. BISHOP: Describe the lunchroom and audito­
rium facilities at the Fairfield High School?

A They are both modern, up-to-date, adequate facilities.

Q Is that also true at Fairfield High School?

A Considering the time in which the building was con­
structed. yes. The fairfield High School Auditorium was 
built in the mid-30’s. It is not equipped with modern, up- 
to-date seats as the Fairfield Industrial High School is.

Q How large a site is Fairfield Industrial High School 
located on?

A In my opinion, it would be about four acres where the 
Industrial High School and Gymnasium is located. The 
school uses and operates an athletic field some four or five 
blocks removed from the High School.

Q However, there are no physical education facilities out­
doors at the Industrial High School; is that right?

A Well, possibly volleyball and badminton.

Q Where on the Fairfield Industrial High School Site 
could volleyball and badminton be played?

A In the area between the gymnasium and Industrial 
High School Building.

Q Mr. Nunn—

MR. BISHOP: Did you give us the comparative area



203

of the Fairfield Industrial High and the Fairfield High 
School? I believe you stated that Fairfield High School and 
Junior High School occupied an area of seven acres. What 
is the land area of Fairfield Industrial High?

MR. NEW TON: Thirteen acres, I believe he said.

T H E  W ITNESS: The Industrial High School is lo­
cated on a piece of property, in my opinion, of about four 
acres, but a few blocks removed from that site is a recrea­
tional area of approximately eight acres.

MR. BISHOP: And what is the land area of the Inter- 
Urban Heights School?

T H E  W ITNESS: About eight acres.

MR. NEW TON: May I ask one question to clear this 
up? Fairfield Industrial High School Area, does that in fact 
cover two blocks from Avenue E and 59 th Street to Avenue 
D and 59th Street and the school property extending from 
street to alley and those lots being 150 feet deep?

T H E  W ITNESS: I wouldn’t want to answer that ques­
tion, Mr. Newton, without looking at the Board of Educa­
tion map of the property. I think you are generally correct, 
however, that it does extend from street to alley for the 
length of one block.

MR. NEW TON: And that’s from the corner of Ave­
nue E and 59th Street to the corner of Avenue D and 59th 
Street?

T H E  W ITNESS: That’s correct.

MR. NEW TON: One other question, Mr. Nunn.

In the area between the Fairfield Industrial High 
School and the Fairfield Industrial High School Gym­
nasium, the Fairfield Industrial High School Gymnasium



204

also houses a public library, is that correct, the building- 
does?

A Well, it houses a library that is used by the public in 
addition to being used by the school.

MR. NEW TON: In designation as opopsed to—does 
it not bear a sign saying Public Library, City of Fairfield?

T H E W ITNESS: Yes. That sign was put there for the 
benefit of the public.

MR. NEW TON: Yes, sir.

Now, isn’t there also a covered walkway between the 
main building, the building that was built in 1940, known 
as the Fairfield Industrial High School and the Gym­
nasium and Public Library?

T H E W ITNESS: Yes.

MR. NEW TON: So, then, in between the school it 
would take some area, play area away in that covered walk­
way which would divide the area there that is between the 
high school and the gymnasium building?

T H E W ITNESS: I think you are correct, Mr. Newton, 
but since you are a graduate of that high school, you realize 
there is a cut-off area in the rear which is ample for volley­
ball courts?

MR. NEW TON: Yes, sir.

Q Does Fairfield Industrial High School offer a distribu­
tive Education course?

A At one time it did, does not at the present.

MR. BISHOP: Would I interrupt your chain of 
thought if we completed the development of this one area



205

that we are on here. I won’t interrupt you if you prefer to 
finish?

MR. LANDSBERG: Well, I don’t want to turn this 
into a debate back and forth, because we could start going 
over the relative adequacy of each point.

MR. BISHOP: I thought it might be of benefit to all 
parties, but we will conclude that matter after you finish.

Q All right.

Isnt’ it true there is no fulltime guidance counselor at 
the Fairfield Industrial High School?

A I would prefer to answer your question by saying that 
there are two people devoting half time which amounts to 
a full time guidance employee.

Q What are their names?

A Well, those people are designated by the principal of 
the school.

Q Do you know their names?

A I don’t know that I could give you the accurate names, 
so I would rather not guess.

Q What is the name of the guidance counselor at Fairfield 
High School?

A There again, Fairfield High School has two people 
serving in a half time capacity.

Q Isn’t it true that one of those people is serving on a 
fulltime capacity and did not teach any courses last year?

A That is correct, for last year. That will not be correct 
for the coming year.

Q When was Fairfield Junior High School built?



206

A The building housing the Fairfield Junior High School 
was built in 1925.

Q And was it renovated or remodeled when it was 
changed from the Underwood School to the Junior High 
School?

A Some improvements have been made.

Q Any other additions been made?

A No.

Q Is there a shop building in the back of the Fairfield— 
Fairfield Junior High complex?

A Yes. Used jointly by the Junior and Senior High 
School.

Q When was that built?

A I believe in 1947. May I make this statement, that this 
information about dates and buildings has been asked for 
and will be available at the hearing.

Q Fairfield Junior High School have a Library?

A No.

Q Are Home Economics and Industrial Art Courses of­
fered at the Fairfield Junior High School?

A Yes, sir.

Q Does Fairfield Junior High School provide different 
teachers for different subjects?

A Yes.

Q All right.

A And the same can be said for the Inter-Urban Fleights



207

Junior High School, they provide different teachers for dif­
ferent subjects also.

Q What facilities are loacted at Fairfield Junior High 
School?

A Only a classroom building approximately fourteen 
classrooms, lunchroom, restrooms and a heating plant which 
serves both the Junior and Senior High Schools.

Q Is that heating plant adequate?

A Yes.

The shop building which you made reference to serves 
both the Junior and Senior High School. The gymnasium 
which has been referred to, serves both the Junior and 
Senior High Schools. The band and choir rooms serve both 
the Junior and Senior High Schools.

Q As presently constituted, would you agree that the 
Inter-Urban Heights School is located in an inadequate 
school plant?

A As it is presently constituted, yes, I think it is inade­
quate.

Q It is inadequate— it is located in an old armory, isn’t 
that right?

A Yes.

Q And the doors of the classrooms open onto the main 
armory room; is that correct?

A lam  not sure what you mean by the main armory room.

Q The room that is now used as an auditorium, gym- 
nasuim, and lunchroom?

A Yes.



208

Q And the heating facilities in the Inter-Urban High 
School, would you describe those?

A They are gas operated blower type fans overhead.

Q Are there any heaters in the individual classrooms?

A Yes.

Q In which classrooms, in all of them?

A I think so.

Q Are there partitions between some of the classrooms? 

A Yes.

Q Movable partitions?

A No.

Q There are no vinyl type movable partitions between 
classrooms?

A I believe between two classrooms there is a folding 
partition.

Q And—pardon me.

A Which can be opened or closed and we found it is just 
as sound proof as a wall.

Q Does that partition touch the floor?

A Practically so. Of course, it doesn’t drag the floor when 
it is open.

Q When was the last time that you visited that classroom, 
Mr. Nunn?

A In May.

Q And at that time did you observe the large hole in the 
partition?



209

A No, I didn’t.

O Is there a band room at Inter-Urban Heights School?

A There is a room which is used for that purpose, it is 
not built for a bandroom. I would like for the record to 
show that the Fairfield Board of Education has recognized 
the facilities at the Inter-Urban Heights High School are 
inadequate and that plans are now under way for the con­
struction of a new building there.

Q Does one classroom in the rear of the Inter-Urban 
Heights High School, the wall reach only halfway to the 
ceiling?

A I would like to answer that by saying that there is one 
wall that doesn’t reach all the way to the ceiling.

Q So that the ceiling of that room is the common ceiling 
with the auditorium and lunchroom; is that correct?

A I believe that is correct.

Q Does Inter-Urban Heights High School, Junior High 
School, have a Registrar?

A It does not.

Q Are there any other schools in the system that do not 

have a Registrar?

A Yes, the Englewood School does not have a Registrar.

Q And all the other schools do; is that correct?

A Yes.

Q Would it be appropriate to state the reason it does not? 

MR. BISHOP: Certainly.

A Because of the small enrollment. The Englewood



210

School community, of course, has decreased in enrollment, 
the Inter-Urban Heights School is just beginning and by 
the time the new building is put in operation Inter-Urban 
Heights Junior High School will have a Registrar.

Q The yard of the Inter-Urban Heights High School has 
no grass; is that correct?

A Portions of it have no grass.

Q Well, the vast majority of it has no grass; is that correct? 

A I think that would be correct.

Q And there are concrete slabs sticking out of the ground 
in the play area, is there not?

A Not to my knowledge, not in the play area.

Q Is the play area the area that is enclosed by a cyclone 
fence with barbed wire on top?

A I would consider that a play area.

Q Is there any playground equipment in that area?

A There is space for softball; of course, no equipment is 
needed for that other than individual equipment. There are 
no basketball goals or tennis posts or nets, if that is what 
you are referring to.

Q And the softball diamond would be a gravelled field; 
is that correct?

A Yes, as far as I know, just as all other softball fields are 
in Fairfield.

MR. BISHOP: That’s the field that produced Willie 
Mays?

T H E  W ITNESS: No, sir, but Willie Mays was pro­
duced under similar conditions.



211

MR. BISHOP: Let the record show that we recom­
mend that type of field.

MR. BILLIN G SLY: Providing he plays in New York.

T H E W ITNESS: It has done pretty well by Mr. 
Newton, I might add.

Q What facilities are located at Donald Elementary 
School?

A May I ask for clarification of your question?

Q Such as lunchroom and auditorium and special facilities 
other than classrooms and offices?

A We have a room referred to as a cafeteriam which is a 
combination cafeteria and auditorium.

Q And in the rear of the school is the grassy playing area; 
is that correct?

A A portion is grassy, but the portion which is used for 
softball, as you referred to a few moments ago, is not a 
grassy area.

Q Then, in front of the school is a landscape driveway, is 
that correct, leading to a covered walkway?

A Yes.

Q Crossing the road—

MR. BISHOP: Excuse me. These questions relate to 
the Inter-Urban Heights School?

MR. LANDSBERG: No. We are talking about the 
Donald School.

MR. BISHOP: All right.

Q Crossing the road between the Fairfield High School



212

and Donald High School, there is a pedestrian overpass; is 
that correct?

A Yes.

Q Could you tell us who paid for that bridge?

A Well, of course, it was paid for out of the same source 
of funds that paid for the building, which was a combina­
tion of State and Local.

Q It was a school board project, in other words?

A The school board will assume full responsibility for it 
being there.

Q Does Donald Elementary School have hot water in its 
restrooms?

A I don’t think so.

Q What facilities are located at the Forest Hills School?

A Similar to what we have just described for Donald 
School.

Q And in back of the Forest Hills School is a ball field, 
a community ball field; is that correct?

A Yes.

Q Is that used by the children, the Forest Hills children?

A It is available to them, but it is quite a distance removed 
from the building.

Q And what facilities are located at the Glen Oaks 
School?

A The same as at Donald and Forest Hills School.

Q And again has a community ball field in back of the 
school; is that correct?



213

A Yes, operated by the municipality of Fairfield,

Q And all three schools have playground equipment such 
as swings and teeter-totters and merry-go-rounds and jungle 
gyms; is that correct?

A They have some of the types of equipment which you 
just mentioned.

Q Would it be fair to say that all three schools are housed 
in attractive buildings?

A Yes. That would be true.

Q And that they are located on a tract near wooded sites?

A Yes; I think the record should show that any Board of 
Education building a school in the present day would build 
a modern attractive building.

Q Each of the white elementary schools has a paved land­
scaped driveway leading to a covered walkway?

A No, that is not true.

Q Which ones do not have that?

A Forest Hills.

Q When were Forest Hills and Glen Oaks Schools built?

A T o the best of my memory, Forest Hills was built in 
1953, Glen Oaks in 1962.

Q Have any additions been made to those schools since 
that time?

A Yes.

Q What were the additions?

A Forest Hills School, we have built two additional wings; 
at the Glen Oaks School, we have built one adidtional wing.



214

Q What years were those wings added?

A I can’t give you the exact date, Mr. Landsberg, but it 
will be in the material available at the hearing.

Q What were the reasons for building the new wings?

A Because of increase in enrollment of students. In 1953, 
when the Forest Hills School was built, it also had to 
serve the students and families living in the Glen Oaks 
area. Of course, when the Glen Oaks School was construct­
ed, those people transferred from Forest Hills to the Glen 
Oaks School.

Q Now, when was the Robinson School built?

A To the best of my memory, the original building, we 
referred to it as the original, it is the oldest of the two 
buildings, it was built in the late 30’s.

Q And when was the addition built?

A The new building was built in 1952. I am quoting dates 
to the best of my memory; do you understand that, I am 
sure.

Q Certainly.

A That information can be documented at the hearing.

Q The Robinson School has a very large enrollment, 
doesn’t it?

A Approximately 950.

Q And how many acres is the Robinson School Site?

A Eight or nine acres.

Q Is it an adequate site for the number of students there?

A Yes. I think it is. If we were constructing a new ele­
mentary school, we would ask for ten acres.



215

Q Doesn’t the size of the site depend in part on the size 
of the projected enrollment?

A Certainly should. Ten acres is considered as a satisfac­
tory minimum.

Q For 900 students?

A It would be nice to have more, but certainly you could 
construct an adequate plant and have adequate recreational 
facilities with eight or nine acres.

Q When was the Englewood School built?

A The oldest of the present two buildings in the late 50’s, 
the newest of the two buildings in the mid-50’s.

Q What facilities exist at the Englewood School?

A A lunchroom which is modern and up to date in every 
respect, adequate toilet areas, tile floors, has the same light­
ing as other schools, fluorescent lighting.

Q Isn’t it true that the fluorescent lights at the Englewood 
School are not shaded in the same manner as the fluorescent 
lights in the other schools?

A As far as I know, they are the same type lights.

O Do they have the egg crate shading?

A I don’t think so, but not all the classrooms in the sys­
tem have that type fixture, either. The more modern 
schools would more possibly have that type.

Q Are home economics and industrial arts taught at Engl- 
wood School?

A They are not.

Q Do the 7th and 8th grade students at the Englewood 
School change teachers for different courses?



216

A On the Junior High School level, teachers teach ac­
cording to subjects. In grades one through six, they teach 
according to grades.

Q How many Junior High School teachers are there at 
Englewood School?

A I believe there are two teachers designated as Junior 
High School teachers.

Q Does Englewood School have a music teacher?

A Yes, sir.

Q And is that a fulltime music teacher?

A No, it sure is not.

Q Does Englewood share its teacher with Robinson?

A Yes.

Q Is that the only music teacher for the two schools com­
bined?

A Yes.

Q Does Englewood School have an auditorium?

A Englewood School has two large rooms with a folding 
partition separating them, which is used for auditorium 
purposes.

Q Will those rooms accommodate the entire enrollment 
of the school?

A I don’t think all students could be seated, but the trend 
today is not to build auditorium facilities or provide audi­
torium facilities to seat an entire student body for very 
obvious reasons; of course, it is tremendously expensive, and 
the types of program which you would present to primary 
children are entirely different from the programs that



217

would be presented to upper elementary or junior high 
school children,

Q Does Englewood School have a fulltime principal?

A Englewood School has a teaching principal.

Q And he has a full teaching load; is that correct?

A Yes.

Q Englewood School is of cinder block construction; isn’t 
that correct?

A We refer to it as concrete block construction.

Q And there are numerous holes in the concrete block 
from the exterior; is that right?

A Yes, which the people in the community have brought 
about.

Q And the windows and the doors of the school are board­
ed up with plywood; is that correct?

A They have been for the summer, because people living 
in the community are very destructive to school property.

Q When was the last time the Englewood School was 
painted on the exterior?

A It was painted two years ago.

Q It is true, is it not, that the ceilings in the Englewood 
School in many places are buckled?

A No more so than any other schools where we have leaks 
in the roof.

Q And immediately adjacent to the Englewood School 
is an open deep drainage ditch; is that correct?

A Yes.



218

Q Would you consider that a hazard to elementary school 
children?

A Well, the Health Department doesn’t seem to think 
so; they keep it under observation and keep it sprayed with 
chemicals.

Q And isn’t it true that the Health Department has found 
rodents in the lunchroom at the Englewood School?

A It hasn’t been brought to my attention. I wouldn’t be 
surprised, but what you would find rodents in the lunch­
room of any school. I think the record should show here 
that we have a contract with Orkin Company which visits 
kitchen and lunchoom areas approximately once a month to 
guard against such things.

Q Does the Englewood School have a lawn, does it have 
grass?

A It has grass in spots.

Q Mr. Nunn, I believe that there is an Interstate Highway 
under construction near the Englewood Site; is that cor­
rect?

A I believe it is.

Q Will the construction of that highway infringe at all 
upon the school site at Englewood?

A Only to a very small degree. The Highway Department 
has purchased a very small strip of land from the end of 
the property in the shape of a triangle. I don’t think the 
recreational facilities will be any worse now than they 
were before the property was sold.

Q At one time, I believe that the Englewood School had 
an offsite classroom also; is that correct?



219

A Yes, sir.

Q And where was that located?

A In a building across the street from the school.

MR. BISHOP: How long are we talking about?

A Three years ago.

Q And since then, the enrollment has declined substan­
tially; is that correct?

A Since then the enrollment has declined.

Q Part of the Englewood area has been torn down, as I 
understand it, for the Interstate Highway; is that correct?

A I think so.

Q Do the students from the Annisburg area transfer to— 

A Yes.

Q How do you spell that Annisburg?

A A-N-N-I-S-B-U-R-G.

Q And that area—when was that area demolished?

A I do not know.

Q Where did the children from Englewood go to school 
before it was built?

A City of Birmingham.

Q Mr. Nunn, does the Fairfield School System provide a 
Kindergarten?

A No.

Q Who is Mrs. Hugh Bowen?

A Mrs. Hugh Bowen is a resident of Fairfield and operates 
a private kindergarten.



220

Q That is not under the auspices of the Fairfield Board 
of Education?

A No, it isn’t,

Q Is it correct to say that there are in the Fairfield School 
System two white supervsiors in addition to the principals?

A To answer that question, I think, would take an ex­
planation. One of the supervisors you refer to is our lunch­
room supervisor, who is a white person, but she supervises 
all lunchrooms in both white and colored schools,

Q Who is the other superivsor?

A The elementary superivsor is a white person who has 
similar responsibilities.

Q Mr. Nunn, during your tenure as superintendent, has 
the Fairfield Board of Education received any petitions 
from any groups in Fairfield asking that the school system 
be desegregated?

A Yes.

Q Can you tell us when the first of those petitions was 
presented?

A I believe it was in April of this year, 1965.

Q Did you receive a petition in August, 1954?

A Are you still speaking of desegregation?

Q Yes, sir.

A I don’t recall it.

Q And what was the response of the Board to the 1965 
petition?

A The Board ordered the acknowledged receipt of the 
petition, and ordered it filed.



221

Q Did the Board initiate any steps to comply with the 
request?

A No, it didn’t.

Q Isn t it true that one of the signers of the petition is 
the parent of a child currently in attendance at the Fairfield 
School System?

A Which one are you referring to?

Q Was the-—was one of the signers named Jimmy Lee 
Williams?

A I am not sure, Mr. Landsberg, but that petition will 
be presented Monday at the hearing in accordance with 
your request.

Q Besides the 1965 petition, have there been any other 
attempts by individuals or organizations to desegregate the 
Fairfield School System?

A None to me.

Q Do you remember last year a Negro High School stu­
dent attempting to enroll at the Fairfield High School?

A I have no record of that.

Q Do you have any recollection of that, or was that 
brought to your attention at the time it occurred?

MR. BISHOP: You mean application or just somebody 
walking into the school, intruding into the school?

MR. LANDSBERG: A Negro high school student at­
tempting to enroll at the Fairfield High School?

A I don’t have any knowledge of that, Mr. Landsberg. You 
understand, I am sure, that the parents make applications 
for enrollment of their children.



Q Well, did the Fairfield High School principal report 
to you that incident?

A No.

Q And nobody from the Fairfield High School or any­
where else reported that incident to you?

A Nobody from the Fairfield High School reported that 
incident to me.

MR. BISHOP: May I be informed as to the incident. 
You mean an application being filed in an orderly and due 
process, or do you mean just somebody intruding them­
selves physically into the school property?

MR. LANDSBERG: I mean a Negro student that 
wished to attend the high school.

MR. BISHOP: Do you mean by application or in­
trusion?

MR. LANDSBERG: I don’t mean intrusion. I don’t 
think we should get tied up in a semantics argument.

MR. BISHOP: I don’t think so either.

MR. LANDSBERG: I would like to know if there was 
an attempt, and if it is considered intrusion by the Board 
and application by other people, that’s beside the point.

MR. BISHOP: I meant the difference between an ap­
plication as an orderly and due process, or a physical pre­
sentation intrusion without any such application or notice.

MR. LANDSBERG: I don’t know what you mean.

MR. BISHOP: I know what you meant.

Q I mean an attempt to register and enroll at a white 
high school by a Negro student; could you answer that?



223

A I have no knowledge of a Negro student having made 
an effort to enroll at the Fairfield High School.

Q Have you heard any reports of a Negro student in any 
way making an attempt to attend the Fairfield High School?

A I haven’t heard any reports about it.

Q Mr. Nunn, is it true that all of the teachers and admin­
istrative personnel in the white schools are white persons?

A Yes, that is correct.

Q And that all but one of the teachers and personnel at 
the Negro schools are Negroes?

A Did you say all but one?

Q Or are all of them?

A Yes, they are all Negro.

Q Do the teachers hold staff meeting? Does the Board 
hold staff meetings for the teachers systemwise?

A Before the opening of school, we have teachers’ meet­
ings, systemwise.

Q They are separate meetings for the Negro teachers and 
the white teachers?

A Yes.

Q And are there, during the course of the year, meetings 
amongst the faculties of the various schools?

A Yes, under the auspices of the Teachers Association.

Q And are those all Negro and all white meetings?
A Yes.

Q What is the procedure for hiring of teachers? T o whom 
does the teacher apply for a job?



224

A T o the superintendent of schools.

Q And who makes the decision as to whether to hire the 
person?

A The superintendent recommends it to the Board of 
Education.

Q Is there a form that the teacher fills out and presents 
to the superintendent?

A Yes.

Q Is the applicant hired for a particular position or is he 
hired and then assigned to a position once he has been 
hired?

A I interview teachers for a particular position at a par­
ticular school.

Q What qaulifications do you expect a teacher to meet 
in order to be hired?

A We would like to have a teacher who has graduated 
from a four year teacher training institution as a minimum.

Q Do you have any other requirements?

A Well, yes; some requirements are more desirable, per­
haps, than others. We require teachers to be in good health, 
to be neat in appearance, and as attractive as nature can 
possibly do.

Q Do you interview the applicant for teacher’s positions? 

A Yes, I do.

Q And do you attempt to make any judgment as to their 
competency?

A Well, I rely generally on the advice of my principals



225

and almost without exception, when a vacancy occurs at a 
school, I will ask the principal for a recommendation.

Q In your judgment, are the principals of the various 
schools able to pick the best qualified teachers?

A I think the principals of each school are very well quali­
fied to know who will fit into that faculty and possibly over 
a period of time, association and experience would know 
whether or not a person would develop into a satisfactory 
teacher.

Q Well, do you have the same qualifications, the same 
requirements for white and Negro teachers alike?

A Yes.

Q Do all of the teachers that are hired meet those qualifi­
cations?

A As nearly as is possible to do so. I haven’t employed a 
non-degree teacher in quite a number of years.

Q Is the system currently hiring teachers for the coming 
school year?

A Well, as of today that process has been completed.

Q How many vacancies have you filled for the coming 
school year?

MR. BISHOP: I believe there were no vacancies; that 
had been completed.

A No vacancies at this time.

Q How many have you filled for the coming school year? 

A I would have to estimate twelve to fifteen.

Q And how many of those would be Negroes?

A I don’t have that information in front of me, Mr. Lands-



226

berg, but I believe it is fair to say I have employed more 
Negro teachers this summer than I have white teachers.

Q And the Negro teachers whom you have employed are 
assigned to Negro schools?

A Yes.

Q And the white teachers you have employed were as­
signed to white schools?

A Yes.

MR. LANDSBERG: I have no further questions right
now.

EXAM INATIO N BY MR. BISHOP:

Q Mr. Nunn, prior to the time this suit was filed, had you 
as superintendent of the Fairfield School Board had any 
application filed by or on behalf of any colored student 
to attend a white school, a previously white school?

A No.

Q By the same token, have you had any application filed 
by or on behalf of any white student to attend a previously 
predominately colored school?
A No.

Q It is completely accurate and fair to state until this 
suit was filed that you had never had any application filed 
by or on behalf of any colored students to attend what prior 
to this time had been a white school?

A That is correct.

Q Now, will you please take the Fairfield High School 
and the Fairfield Industrial School and compare those two 
schools first as to the period of time in which the physical 
facilities were constructed?



227

A Well, the Fairfield High School is an older building 
than the Fairfield Industrial High School, having been 
built in 1928 as compared to 1940 for the Fairfield Indus­
trial High School.

Q Is the Fairfield Industrial High School then, insofar 
as physical facilities are concerned, a more modern and a 
better constructed plant?

A In my opinion, the two buildings are similarly con­
structed and of similar design, and are equal in the ability 
to do the job called for by the course of study serving that 
school.

Q Now, will you compare the two schools as to area?

A Well, the Fairfield—you speaking in terms of square 
feet of space?

Q Speaking of acres available?

A Acreage?

Q Yes.

A Well, at the Fairfield Industrial High School, it stands 
on a piece of property, in my opinion, about four acres 
with its play facilities, outdoor play facilities and recrea­
tional facilities are removed by several blocks, four or five, 
I would say.

Q Anything unusual about that in an urban area?

A No.

Q And what is the area of the recreational facilities?

A I would estimate eight or nine acres.

Q Making a total of twelve or thirteen acres?

A Yes.



228

Q What is the area of the Fairfield High School?

A The combined area of the Fairfield Junior and Senior 
High Schools on the same property, thirteen acres.

Q Both the Fairfield High School and Fairfield Industrial 
High School have gymnasiums?

A Yes, sir.

Q Both have auditoriums?

A Yes.

Q Both have lunchrooms?

A Yes, sir.

Q Both have library facilities?

A Yes.

Q And how do they compare?

A Well, of course, the Fairfield Industrial High School 
has a new gymnasuim, just finished, which incorporates all 
the known modern facilities and recreational facilities. The 
same can be said for the library which is housed in the same 
building. The Fairfield High School, the library is in a 
building built in 1928, it has no modern designs or inno­
vations. By the same token, the gymnasium was modern 
in the day in which it was built, in the late 40’s. The lunch­
rooms in both schools are of modern design and modern 
equipment. Both have asphalt tile floors, fluorescent light­
ing, same type tables and chairs, same type of serving area, 
staffed by a similar number of persons and meets all the 
standards as set up by the Jefferson County Department of 
Health.

Q As a matter of fact, are all of the white and colored 
schools of the Fairfield System accredited?



229

A Yes, sir.

Q Now, do you have courses of study at the Fairfield 
Industrial High School that are not available at the Fair- 
field High School?

A That is correct.

Q Do you have more courses of study in the Fairfield 
Industrial High than you have in the Fairfield High School?

A Yes, in my opinion we do.

Q Would you take, please, Mr. Nunn, the Fairfield Junior 
High and compare that with Inter-Urban Heights High 
School as to physical plant, area, courses of study and fa­
cilities?

A The Fairfield Junior High School is the oldest building 
in the system, dated back to 1925. It is of frame construc­
tion. It has a small auditorium which can only seat about 
half of the student body; it has the lunchroom which is— 
which meets the needs, but it is unsatisfatcory because it is 
too small. The course of study, I would say the conventional 
type course of study with the fundamental subjects, and in 
addition to Industrial Arts and Homemaking, music is 
available. Now, at the Inter-Urban Heights Junior High 
School, presently, of course, we are operating under 
cramped conditions. We would like to have more course 
options there than we have at the present time, and they 
will be provided at the beginning of the school term in 
September, 1966.

Q And would adidtional school facilities be provided at 
that time?

A Yes, we plan to build a new fourteen classroom building 
at the Inter-Urban Heights High School.



230

Q Now, at that time, that is, upon the completion of 
those facilities, will you have more courses of study at the 
Inter-Urban Heights High School and more and better 
facilities than are available at the Fairfield Junior High?

A I would say we will have the same number and kind of 
facilities, but they would be more modern and better facili­
ties.

Q Please take the Donald Elementary, Forest Hills Ele­
mentary, Glen Oaks Elementary, and compare those with 
the Englewood and Robinson Elementary Schools?

A As far as course of study that is available to students are 
concerned, they are all the same; all schools in the State 
of Alabama, follow the State course of study in grades one 
through six, with no choice of varying from those subjects.

Q How do the facilities compare?

A Of course, the Robinson Elementary School is of more 
recent design than is the Englewood School, but they both 
have adequate lunchroom facilities, they have the same type 
of food preparing equipment, they both are adequately 
staffed with dietician and assistant. They have the same 
type of lighting as the Donald, Forest Hills and Glen Oaks 
Schools; that is fluorescent lighting. And the Robinson and 
Englewood School, I would say they have better eating fa­
cilities. I mean by that that they have tables for four stu­
dents with chairs, whereas at Donald, Forest Hills and Glen 
Oaks, they have the folding type of tables that folds into the 
wall and the children have to eat off benches, they have no 
back support; that is purely an economic move but satis­
factorily does the job.

Q Mr. Nunn, I believe you testified that prior to this 
time that Fairfield had participated in Federal Funds under



231

the lunchroom program and under Title 3 and 5 under the 
National Defense and Education Act; is that correct, sir?

A Yes, sir.

Q And up until this time, you have not received any allo­
cation of funds or any approval from H. E. W. or Federal 
Funds for the coming school year?

A No, sir.

Q And, as a matter of fact, that would apply to all the 
students at Fairfield, wouldn’t it?

A Yes, sir.

Q The majority of which are colored or Negro?

A Yes, sir.

Q And I believe you stated there were 2159 Negro stu­
dents that would be without these Federal funds?

A Yes, sir.

Q And 1779 white students that would be without these 
funds?

A Yes, sir.

Q In the absence of approval?

A Yes, sir.

Q Are the same courses of study substantially offered 
and available at all of the previously colored schools that 
have been available at the white schools?

A Yes, sir; there is one exception, of course. In the Junior 
High School level, because of inadequate facilities, we have 
been unable to provide industrial arts and homemaking, 
but those facilities will be in the course of study a year from 
now.



232

Q Mr. Nunn, you were asked one other question on 
direct examination and that was, during the summer period, 
I believe you stated there were some boards put up at the 
Englewood School and also some evidence of physical de­
struction of some of the school plant. Is that in each of 
the Englewood locations insofar as the Fairfield System is 
concerned?

A I would say it is possibly more pronounced in the 
Englewood community than it is in any other section of 
town.

Q Described, briefly, what has taken place in that com­
munity and the source of the difficulty?

A It has been my experience that the school reflects the 
people which it serves. It reflects their desires and aspira­
tions and in the Enlgewood Community, we have more 
vandalism and damage to the school property than we have 
in any other section of Fairfield. Presently there are actually 
concrete blocks which have been pried loose, holes dug into 
the blocks and we have boarded up the doors and some of 
the windows.

Q Has the boarding up then of those doors and windows 
in the summer months been made necessary by reason of 
breakage and vandalism where the school is situated?

A That is the answer, yes.

MR. BISHOP: I believe that’s all.

EXAM INATIO N BY MR. NEW TON:

Q I have one or two questions, Mr. Nunn. You were re­
ferring to the play area being removed from the Fairfield 
Industrial High School.

T o  briefly trace a route for you, we are both familiar



233

with this, from the Fairfield Industrial High School, I take 
it that the shortest route would be from 59th Street pro­
gressing down Avenue E to 60th to 61st, to 62nd, to 63rd, 
and turning on 63rd to Court F, and you would arrive at 
this play area now called Oliver Stadium; is that correct, 
sir?

A Yes.

Q That would be a distance of five blocks; is that correct?

A I believe that is what I said, four or five blocks.

Q Now, Mr. Nunn, is that generally used for other things 
other than football games and special days?

A Yes. I am sure it is used a lot of times unbeknownst to 
me. The principal has supervision of that field; as a matter 
of fact, it bears his name, and I would like to put into the 
record here when a school has an adequate modern, up-to- 
date physical education plant as we have at the Fairfield 
Industrial High School, there is actually no need for outside 
play area and even though we have some space at the 
Fairfield High School, that is very rarely used. Most of 
their physical education activities are confined to the in­
terior of the building and seem to be very happy over that 
arrangement.

Q And the Oliver Stadium, as it is called, is a lighted 
football field for the most part; is that right?

A Yes.

Q Now, Mr. Nunn, one other question which was brought 
out on direct, and I believe your answer was simply that 
by automobile or bus it would not be closest to Fairfield 
Industrial High School than to Fairfield High School for 
people who lived in other areas.



234

Now, take for a moment, sir, the Belle Wood area; 
could not one proceed by automobile to Wiebel Drive and 
then to Avenue H and then to Avenue D which would be 
a closer route than proceeding by Wiebel Drive and Valley 
Road and so forth to the Fairfield High School?

A I think so, but when that subject was under discussion, 
I was asked about the Forest Hills and Glen Oaks area. I said 
the distance to the Industrial High School and Fairfield 
High School was substantially the same from those two 
communities?

MR. NEW TON: I believe that’s all I have.

MR. BISHOP: That’s all.

MR. LANDSBERG: I think I have one or two points 
I want to clear up.

RE EXAM INATION BY MR. LANDSBERG:

Q You stated, I believe, that all schools in Fairfield are 
accredited.

Would you explain that?

A I believe the question as asked was the High Schools 
in Fairfield.

Q I wasn’t sure.

A That’s the way I understood the question.

Q All right.
A Both high schools are accredited, not only by the State 
Department of Education, but by the Southern Association 
of Colleges and Secondary Schools.

Q You also stated that more courses are available at the 
Industrial High School than at Fairfield High School, I 
believe?



235

A I think that statement is correct.

Q Would that be academic courses or vocational courses?

A I think the difference in offering the field of trade 
and industrial education would bring about the difference.

Q You stated the Fairfield Junior High was of frame 
construction; it has a brick veneer, does it not?

A It is a brick veneer building.

MR. LANDSBERG: I have no further questions.

MR. BISHOP; That’s all.

MR. LANDSBERG: Do you want to waive signature? 

MR. BISHOP: No.

FU R T H E R  DEPO N EN T SAITH  N O T

G. Virgil Nunn [Sig.]
Signature of Deponent



236

C ER TIFIC A TE

STA TE OF ALABAMA 
JEFFERSO N  CO UNTY

I, Carmen Zegarelli, Official Court Reporter and No­
tary Public, State of Alabama at Large, acting as Commis­
sioner, certify that I correctly reported in shorthand the 
foregoing deposition at the time and place stated in the 
caption hereof; that I later reduced my shorthand notes 
into typewriting, or under my supervision; that the fore­
going pages numbered five through seventy-six, both in­
clusive, contain a full, true and correct transcript of pro­
ceedings had in said cause.

I further certify that I am neither of counsel nor of 
kin to the parties to the cause, nor in any manner interested 
in the results of said cause.

Carmen Zegarelli [Sig.] 
Commissioner - Notary Public



IN TERV EN O R ’S E X H IB IT  NO. 4

FAIRFIELD  SCHOOL SYSTEM 

Pupil-Teacher Ratios*

School Pupil-Teacher Ratio

W H ITE

Fairfield High (10-12) 18
Fairfield Jr. High (7-9) 28
Donald Elementary (1-6) 26
Forest Hill Elem. (1-6) 26
Glen Oaks Elementary (1-6) 29

Average 24”

NEGRO

Fairfield Industrial (9-12) 20
Inter-Urban Jr. (7-8) 34
Englewood Elementary (1-8) 23
Robinson Elementary (1-6) 33

Average 27*#

’ Information obtained from Items II and V, Teaching Positions and Number 
on Roll at Close of Last Mo., Annual Report—Part I, Attendance in Public Dav 
Schools, State Department of Education. 7

* *  Averages are based on total number of students of each race in the system.



IN TER V EN O R ’S E X H IB IT  NO. 4 (Continued)

FAIRFIELD  SCHOOL SYSTEM 

Insured Values of Schools*

School

W H ITE

Fairfield High School 
Fairfield Junior High 
Donald Elementary 
Forest Hill Elementary 
Glen Oaks Elementary

Value

$1,149,000.00
300.000. 00
250.000. 00
265.000. 00 
262,200.00

Total $2,226,200.00
Value Per Pupil $ 1,251.00

NEGRO

Fairfield Industrial High 
Inter-Urban Hgts. Junior 
Englewood Elementary 
Robinson Elementary

$1,111,600.00
55,000.00
95,500.00

520,000.00

Total
Value Per Pupil

$1,782,100.00 
$ 810.00

‘ Information obtained from summary sheet prepared in response to sub­
poena request #12 of plaintiff-intervenor.



IN TER V EN O R ’S E X H IB IT  NO. 4 (Continued) 

FAIRFIELD  SCHOOL SYSTEM 

Enrollment by Grade, by Race*

Grade White Non-White Total

1 166 188 354
2 163 209 372
3 130 198 328
4 164 192 356
5 162 188 350
6 144 184 328

Total—
Elementary 929 U 5 9 2,088
7 140 167 307
8 134 218 352
9 155 204 359

Total—
Junior High 429 589 1,018

10 142 207 349
11 150 175 325
12 172 143 315

Total—
Senior High 464 525 989

Grand Totals 1,822 2,273 4,095

•Information from Net Enrollment, Items XVII and XX, Annual R ep o rt-  
Part I, Attendance in Public Day Schools. State of Alabama, Department of 
Education.



IN T E R V EN O R S E X H IB IT  NO. 4 (Continued) 
FAIRFIELD SCHOOL SYSTEM 

Capacity and Enrollment Summary*

Enroll-
School Capacity ment Number of Students

W H ITE 

Fairfield High 840 445

Under
Capacity

395

Over
Capacity

Fairfield Jr. High 420 415 5 —

Donald Elementary 455 339 116 —

Forest Hills Elem . 525 289 236 —

Glen Oaks Elem. 420 291 129 —

Total 2,660 1,779 881 000

Net Available Places in White Schools— 881

NEGRO

Fairfield
Industrial 1,020 702 318

Inter-Urban 
Hgts. Jr. 240 340 __ 100

Englewood
Elementary 280 184 96 __

Robinson
Elementary 980 972 8 —

Total 2,520 2,198 422 100

Net Available Places in Negro Schools— 322 
Net Available Places in Entire School System—1,203

♦ Information from Item V, Number on Roll at Close of Last Mo., Annual 
Report—Part I, Attendance in Public Day Schools. State of Alabama, Depart­
ment of Education; and summary sheet prepared in response to Subpoena Item 
#16 of Plaintiff-Intervenor.



'ZVbiU )V> tL b O A
FAIRFIELD'CITY BOARD OF EBU

Application for Assigrtmen
JATjlGN-FAiRFIELD, 
; or Transfer cf

ALABAMA
Pupils

A separate application must be filled in completely and legibly In ink or typewriter 
and signed by both parents (if living) cr the legal guardian cf each pupil for whom 
assignment or transfer is requested. It must be delivered to the school principal 
for transmittal to the Superintendent of Schools.
Application for enrollment at School

Date Present Grade

Name of Chiid____________________________________________ Age_____________ Sex_

Date of Birth Race___  _________

Home Address_____________________________________________ Telephone________

Mother * s Name __________________________________________

Father’s Name
(Middle) (T'astJ

(Both parents must sign if living together.) 
Child lives with: Mother________________ _________ Father_____

Other (Explain)_________________________________________________ __________

Guardian’s Name___________________________________________________________

Occupation of Mother ________ ___________________________ _______________

Name of Employer__________________________________________________________

Occupation of Father______________________________________________________

Name of Employer___________________________________________________________

Schools Attended (in order of attendance)________________________ _____

Date & Place Child First Entered School___________________________________

Last School Attended_____________________________________ Last Grade Attended

Names & Ages of Brothers & Sisters___________________________________________

Mother’s Signature

Father’s Signature 

or Guardian’s Signature
Applications Will Be Determined By The Superintendent Of Schools In The First Instance. 

Applicants dissatisfied with the Superintendent’s decision may request a hearing before 
the Board of Education within fifteen days of the Superintendent’s decision.



4 7 *i ijj,

FAIRFIELD SCHOOL SYSTEM 

Statistical Summaryo/

Fairfield High School Fairfield Industrial High
School

Enrollment 1+1+5 702

Amount 
Under or 
Over Cap.

-395 - 3 1 8

Pupil-
Teacher
Ratio 1-18 1-20

Insured
Valuation $i,i>+9 ,ooo $1,111,600

Pupil-
Classroom
Ratio

16 21

Pupil-
Acreage
Ratio

66 58

Date of 
Construc­
tion (orig)

1928 191+0

Health
Inspection
Rating

96- 96

oj Information compiled from Items II and V, Annual Report - Part I,
Attendance in Public Day Schools; summary sheets prepared in response 
to subpoena requests of plaintiff-intervenor; Rating Sheet of Jeffer­
son County Health Inspector.



IN
T

E
R

V
E

N
O

R
’S E

X
H

IB
IT

 N
O

. 
15



237

IN T H E

United Staten ffinnrt nf Kppmlz
FOR T H E  FIFT H  C IR C U IT

No. 23,331

U N ITED  STA TES OF AMERICA,
Appellan t-Int. erven or

GEORGE R O BER T BOYKINS, as next friend of 
TYW ANNA FAYE BOYKINS, JA C K IE D. BOYKINS 

and PA TRICIA  ANN BOYKINS, et al„ 
vs.

FAIRFIELD  BOARD OF EDUCATION,
G. V IR G IL NUNN, as Superintendent of the 

Fairfield Board of Education, et al.,
Appellees.

Filed, U. S. Court of Appeals, January 31, 1966. Ed­
ward W. Wadsworth, Clerk.

A PPELLA N T-IN TERV EN O R’S DESIGNATIO N OF 
PO RTIO N S OF RECORD TO  BE PRIN TED  

ON APPEAL

Pursuant to Rule 23(a) of the Rules of this Court* 
the following portions of the record on appeal are hereby 
designated by appellant for printing:

1. Complaint, filed July 21, 1965.

2. Notice of United States of America of Motion and 
Motion to Intervene as a Plaintiff, filed July 30, 1965.



238

3. Complaint in Intervention, filed July 30, 1965.

4. Answer of defendants to complaint, filed August 2, 
1965.

5. Objections of plaintiff to defendants’ plan for de­
segregation, filed August 18, 1965.

6. Objections of plaintiff-intervenor, United States 
of America, to plan for Desegregation, with Memorandum 
of Points and Authorities in support of objections to plan 
attached, filed August 19, 1965.

7. Plan of defendants for desegregation of Fairfield 
School System operating under the supervision of Board 
of Education of the City of Fairfield, filed August 19, 1965.

8. Plan for desegregation of the School System oper­
ating under the supervision of the Board of Education of 
the City of Fairfield, Alabama, filed August 23, 1965.

9. Amended plan of defendants for desegregation of 
Fairfield School System operating under the supervision 
of Board of Education of the City of Fairfield, Alabama, 
filed August 23, 1965.

10. Order overruling objections of plaintiff and inter- 
venor to the amended plan for desegregation of the Fair- 
field School System, and approving Plan, filed August 23, 
1965.

11. Findings of Fact and Conclusions of Law, filed 
September 8, 1965.

12. Judgment pursuant to the Findings of Fact and 
Conclusions of Law, filed September 8, 1965.

13. Notice of Appeal by United States of America, 
plaintiff-intervenor, from the order overruling objections



239

and approving plan for desegregation of the Fairfield School 
System, filed October 22, 1965.

14. Order extending the time within which the record 
on appeal may be filed and docketed with the IJ. S. Court 
of Appeals, Fifth Circuit, filed November 23, 1965.

15. Transcript of Proceedings, filed January 18, 1966.

16. Plaintiffs’ exhibits 1, 2.

17. Defendants’ exhibits 6, 7, 8, 9, 10, 11.

18. Plaintiff-intervenor’s exhibits 3, 4, 6, 7, 15.

19. This Designation of Portions of Record T o Be 
Printed On Appeal.

Respectfully submitted,

John Doar [Sig.]
J ohn  D o ar ,
Assistant Attorney General

David L. Norman [Sig.] 
D avid L. N o r m a n ,

Joel M. Finkelstein [Sig.] 
J o e l  M. F in k e l s t e in ,

Attorneys,
Department of Justice, 
Washington, D. C. 20530.



240

C E R T IFIC A TE OF SERVICE

I hereby certify that a copy of the foregoing Appellant- 
Intervenor’s Designation of Portions of Record to be 
Printed on Appeal has been served by official United 
States mail to the attorneys for the appellants and ap­
pellees addressed as follows:

Mr. Demetrius C. Newton 
408 North 17th Street 
Birmingham, Alabama

Mr. Orzell Billingsley, Jr.
1630 4th Avenue, North 
Birmingham, Alabama

Mr. Norman C. Amaker 
Mr. Jack Greenberg 
Legal Defense 
NAACP
10 Columbus Circle 
New York City, New York

Mr. Maurice F. Bishop 
Bishop 8c Carlton 
325-29 Frank Nelson Building 
Birmingham, Alabama

Dated: January 28, 1966.

Joel M. Finkelstein [Sig.] 
J o e l  M. F in k e l s t e in , 
Attorney,
Department of Justice, 
Washington, D. C. 20530.