SRC Staff Report on Work Related to North Carolina
Working File
January 1, 1982

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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. SRC Staff Report on Work Related to North Carolina, 1982. efe639eb-d792-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/8fbff628-b458-442d-9bf0-ca78bb85f92b/src-staff-report-on-work-related-to-north-carolina. Accessed May 22, 2025.
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SRC STAFF REPORT ON WORK RELATED TO NORTH CAROLINA In a step toward assisting in the publication of a documented history of involvement by the State of North Carolina in racial discrinination, SRC has searched some of its early research library newsclip and materials fi1e. Our focus is for the most on the areas of voting and school desegregation. Although we are concentra- ting on the period of the last two decades, w€ are also reaching back to the late 1940's period. Our ain is to give a flavor of the kinds of documentation that is available from the sources at hand. One approach involves identification and documentation of the rnotives of themes and techniques of race discrimination that go over time and are even yet employed. We are presently exploring several of these themes; they are briefly described in the para- graphs below. Some of the kinds of documentation that have been located in SRC research materials is attached. (This is, of course, a very tentative identification of themes and techniques. ) 1. Tokenisn, the school desegregation device (also visible in othe-f'Ufffi) which for nearly a decade preserved North Carolinars image of moderation and compliance with the 1aw and protected it against court requirements of numerically significant or blanket desegregation, meanwhile holding the numbers of black children in school with whites well below other states of the mid-South. Z. Local Option and Other Vehicles Permitting or Encouraging Local tate policy that allowed a 1oca1 school district to desegregate or to close schools should school inte- gration be ordered. But there were other ways in which North Carolina threw decisions to localities so as to permit or encourage racial discrimination; for present purposes we are grouping them with "loca1 option." For example, in 1955, in response to the School decision, the state decentralized ') control of its public schools, passing all educational decisions to 1ocal districts. DecentraLization was generally interpreted as a way of playing for time; it introduced the necessity of district-by-district court challenges and extensively burdened potential plaintiffs (as described below). It also permitted loca1 districts to discriminate and perpetuate segregation (by means of pupil transfer policies, by school boundary and attendance zone gerrymandering, etc.), at the same time absenting the state from responsibility. In a second exanple, the state has adopted policies on more than one occasion that empower 1oca1 authorities to discriminate and give them a mechanisn with which to do so. Cases in point include the N.C. Pupil Placement Act of 1956 (which created a set of ZZ points of pupil transfer criteria to be subjectivtl)l applied by^ 1ocal sch6oi boards) and the N. C. literarjr-EitT? voter registration (which required prospective registrants to satisfy the local registrar with his or her reading of a section of the state constitution. ) 3. Policies that extensively burden and discourage those seekin laYed cess by requiring placenent decisions on a pupil by pupil basis; the processes of seeking transfers under the Act and or appealing trransfer refusals placed vast burdens of tirne and money on those seeking transfer. Similarly, as noted above, the decentralization of North Carolina schools in 1955 meant that desegregation cases must henceforth be brought district-by-disctrict, incurring exhorbitant costs and vast expenditures of time. The potential for intinidation and other pressures against plaintiffs was considerably increasedd by such policies. 4. Policies and Actions Directed toward Deliberatel Creat in a Climate of opinion to Dromote resistance to integrat on an Dromote racial discriminatlon and exclusron. 5. Omission of Leadership to End segregatio Racial Four and Five are self-explanatory. Documentation of the state's motives in following these policies is sometimes available; it avoidance of reference to is not abundant, of course, for the race and the elimination of overtly discriminatory policies were the centerpiece of the state's policy, for the purpose of avoiding court orders producing wide- spread desegregation or rights for blacks. Thus, public pronounce- ments by state officials were as rare as were codified references to motives of racial discrimination. A few items we have unearthed (some of them from outside commentators; state officials) appear below. The notives of Tokenism. a. "Kenneth Whitsett head of the pro-segregation- ist Patriots of North Carolina, has stated that he was told by Colonel Willian T. Joyner of the Governor's Committee on Schools that the rrsacrifice of some children to mixed schools must be made so that many other children will not siurilarly be subjected to the evils of mixed scirools." This statement was appropos of forthcoming voluntary integration, for the first time, in the schools in Winston Salem, Charlotte, and Greensboro, N.C. in fa11, 1957, ad- rnitting a total of 11 black children to predominately white schools. The "Governor's Committee on Schools" was the Pearsall Committee, the state advisory committee that designed N.C.ts laws related to school desegregation. Joyner was its vice chairman, &t least for a time. .SRC SPECIAL REPORT ON CHARLOTTE, GREENSBORO, AND WINSTON- SALEl"l, N.C. 9/4/57. Pp. Z-3. b. "Dr. Robert F. Durden, Duke University Department of History said token integration has been called 'a magnificent 1. device for evasionr. . ." -SOUTHERN SCHOOL NEWS, August, 1959, p. 15. c. Moderate North Carolina gubernatorial candidate Terry Sanford, rrcontending that he is personally a segregationist and that the Supreme Court is distasteful to him, says that court orders under the (School) decision must be obeyed. He argues that North Carolina has had only limited desegregation by leaving the issue up to 1ocal school districts. And Sanford contends the staters course has also staved off any desegregation in the black belts of eastern North Carolina where the race issue is strongest..." -WASHINGT0N P0ST, 6/24/60. In 1960 campaign, Sanford ran against former state Asst. Attorney General BeVerly Lake, who vigorously attacked North Carolinafs token integration as too permissive of integration. d. President of the State Bar Association Newe11 Edenfield called for repeal of all of Georgiafs segregation laws, saying that they hamper rather than help in the fight to preserve segregation. Enphasizing that he was speaking as a segregationist, he says that in states where segregation laws exist, there is no !,onceivable situation in which a school board can win, but that in North Carolina and Alabama, where there are no state segregation laws, Negroes have consistently lost their appeals for blanket relief. "Without segregation laws, plaintiffs cannot sue for desegregation in a class action and because of this, he said, defendants get I fringe benefits I such as having to face only one adversary at a time, and not having to start with a blanket federal inj unction. " --SOUTHERN SCHOOI NEWS, July, 1960, p. 9. e. I'Its (token integrationrs) intention is to placate both 1aw and community custom. Its success has caused some of the old adherents of nassive resistance to see it as an even more effective method of avoiding the law." --Southern Regional Council: A REPORT 0N SCHOOL DESEGRE- GATIoN FOR 1960-61. Dunbar et al. pp. L9-20. f. "An unhappy handful of colored children, not to be more and wanting out, is to be preferred over closing our schools." --Pro-segregation syndicated columnist John Temple Graves, as quoted in A REPORT ON SCHOOL DESEGREGATION FOR 1960-61, cited above. g. "If it (token integration) is forced on some of us we should neither despair nor commit rash acts in our anger. . . If a few Negro children are forced into scattered white schools, that does not mean they will be there indefinitely. Once the pressure groups find that rnassive integration is being denied them by the - courts, their incentive will be du11ed. It will become ever more difficult t,o recruit Negro parents willing to let their children become martyrs for a dubious cause..." --Thomas Waringr pro-segregationist editor of the Charleston News and Courier, quoted in source above. h. "The term (tokenism) is generally used to describe deliberate efforts to keep racial integration at a minimun. . . token integrat,ion has essentially the same goal as massive resistance; it >:.". seeks to preserve, in effect, the established pattern of segregation. Thus it differs from gradual desgregation which urges a slow pace in the process of changing the segregated pattern, but which at the same time envisions the elinination of segregation eventually. .'." --TOKEN DESEGREGATION AND BEYOND: Mor land, Kenneth. S.R.C., June, 1963. i. "...Token plans are designed to neet the demands of the Supreme Court by allowing some integration while sti1l keeping the nunber of Negroes in school with Whites at such a low level as to maintain de facto segregation. Token integration, then, is an end to itself an end to which the established Patterns of segregation prevail. " - - rbid. p6l, :d ,, I_,Pry.\rffiJll, 'l I j S ,,Author.s and advocates of llanI pnovrgrrg ror tokel_l.l:g::11", hsa, WZ f,-.t " mad.e tt clear their hope that \such plans can prevent sizable change. Fon example, consider the \anguments used in support of Nonth Canolinars iupil Placement A+ f of 1955, which,, ineluding locaI1 S rt.l.PJ-! rlqesrrrvrru ..-l' ^ v^ , r!"---'t)- option and tnansfer provisions, "otltitutes a plan for/token i"t:gration MonIand, Kenneth: TOkEN DESEGREGATTpU nUO BEYOND. southern Reeionaf council and Anti-Defamation League Ft VI.il B.:Ri:l'^1:l::_1s6'y{I UOUnCI-I ancl AnII-UeIaIItdLf (Jlr lEdBus PL ty', trql' u - - l, v \ -f H=:= ::= =..5L^* "=::! €.E6 +h.e ".=h::t-of the North Carolina # I ^lliift?iGfry committee on Educatioi) unling-a{gntion of the Pral'T/h"?: (rr5q : : :' :J : ; : : { I ; : H I : " :, : I . !f Hl! SdkE"ffi';g444ag !*' I I :' r a'! i' n (r{ ' n"oo"a of the Nor:th carpfina Adf,isory Committee on Education, Apnir 5, l9 \r' isio, to the Governor* General Assembly, State'Board of Education, and County and local School Boards of North Canolina (at VoI' I, No' 3' pp. 58I-586, Race Relations Law Reponten)1 @ ---rrThe educational system of North Canolina has been buil-t on the foundation stone of separation of the races in the schools. . . The decisions of the Supneme Court have destnoyed our foundation on segregation requined by law...defiance of the Supneme count would be fooIhandY... / i / tdl6{ /u A{ /vt / l|,t/tl/6nd/fiHt ..."An administrative body )tfiy welI find that under locai conditions it may not be feasible or best for a panticulan child to go to a Particulan school with childnen of ar{Bohen race. A colon ban by 6ild law is one thing. A factual tocai Xonaition bar, even if color is one of the causes of the condition, is a diffe::ent thing...We believe that members of each race pnefen to associate 5r{B} dil.J"" membens of their nace and that they wiII do so naturally unless they are prodded and inflamed and contnolled by outside pressure" 'tt ^ \ ---rrWe are of the unanimous opinion that the people of Nor{i$,/ Carolina wilI not suPport mixed schooIs...The decision of the Supreme Count of the United States,howeven much we dislike it, is the declared law and is binding upon us. We think that the deeision was erroneous; that it was a reversal of established faw...that it could cause more harm within the United States than anything which has happened in fifty yeans...(but it must stand) until thene is a correcting constitutional amendment or until the Court cor:re cts its own erlror. . . Def iance of the Supreme Court would be foolha::dy. Definance would alienate those who may be won to our thinki.g, that separateness of the races is natural and best...We think ii is...true that children do best when in school with children of their own race. We think that in the 1 course of time that will be plain to.everyone...Thete -sh;)l!!./ be recognized the fact that there is no legal compulsf1otI on any one to mix the races...we are proposing the building of a new school system on a new foundation--a foundation of no racial segregation LV 1aw, but assignemnt acconding to natural racial preference ".,d the administrative determination of what is best fon the chiId...rl The Committee recommended that itre Legislature submit to a vote consti- tutional amendments Providing fon tuition gnants and Iocal ogtion to suspend i[y majority "t!q the openation of the P]bIic schools in that:;i:- ,tlo^..1 ,.:i{il n ?"CcE) ,}n-rQ.e^+,r, tr".-p; t L; sl,f r ir.l.t\ f": .$rni $,t 1 , 'i i i -\l I '+,mi0, 6. NOTE: ri€n Some fu additional quotes have been Iocated, in file matenial. Unfortunately, SRC newsclips fon the yean I96O nild/Adldild/t{d/ thnough the mid-Sixties do not include North Carolina {dfitl news p"p""". Nor"thCy' CAnolina papers were discontinued during this peniod of time. Fon the !A{d/ years 1955-about 1958, however, we do have *1dd/tdtdtdtd/tt/ newsclips from d/'tldd/ sevenal Nonth Carolina papers (because d these papers were furnished us by *d{ll\/Cdl6/ staff mem-be-rs ."I8.[..tLNorth C;ry1ina natives ) . i[ftu.t Tion t g,f those quotes, we will continue ;;;;';;; ;#""" identified on {ddd /t/ pp. 1 and tdi/ proceeding with Local 0ption, Policies Burdening Those Seeking Deseguegation, Creating a Climate to Disconuage and Prothote istance to Integration, and 0mission of Leadership to End -g-tregation and Atdld/yldldilCd DeaI l{ith RaciaI Viole nce, 4Y =-- a-tLAdditional)fr.ions of of government-involvemen t our report will deal with other aspects in racial discrimination. -\, h*r}-s',,L Res