The Legislature of Louisiana v. Earl Benjamin Bush Appendix D to Jurisdictional Statement

    no.JlM

Offica-Suprems Court US.
f i l e d '

FEB 8 1961

■ JAM£3 81 Clark

IN THE

Supreme Court of tf)e BntteO &tate0

OCTOBER TERM, 1960

THE LEGISLATURE OF LOUISIANA, ET AL.,
Appellants

versus

EARL BENJAMIN BUSH, ET AL.

ON APPEAL FROM THE UNITED STATES DISTRICT 
COURT FOR THE EASTERN DISTRICT OF LOUISIANA

APPENDIX D TO JURISDICTIONAL STATEMENT

W . SCOTT WILKINSON  
P. 0 . Box 1707 
Shreveport, Louisiana

THOMPSON L. CLARKE 
St. Joseph, Louisiana

GIBSON TUCKER, JR.
Pere Marquette Building 
New Orleans, Louisiana

RUSSELL J. SCHONEKAS 
Pere Marquette Building 
New Orleans, Louisiana
Attorneys for the Legislature of Louisiana, et al.,

L E C O M TE , SH R E V E P O R T , L O U IS IA N A



INDEX TO STATUTES INVOLVED

First Extra Session of 1960 — Louisiana Legislature
Page

Act No. 10 .............. - ............... -........ ................ ..... .......  9
Act No. 11 .......................      11
Act No. 12 ....................................................................... 12
Act No. 13 ...........     17

Act No. 14 ....................................................................... 18
Act No. 16 ........................................     21
Act No. 17 .......   22
Act No. 18 ......................................................................  24
Act No. 19 ....................................................................... 26
Act No. 20 ......................        26
Act No. 21 ..............................................................    27
Act No. 22 ...................... ................................................  28
Act No. 23 ....................    29
Act No. 24 ...............................................      30
Act No. 25 .............................................................    31
Act No. 26 ....................    32
Act No. 27 ......................................................................  35
H.C.R. No. 10 ..... .............. ................ ........................... 39
H. C.R. No. 17 ............. ................................................. . 42
H .C .R . No. 18 ................................ .............. ................  45
H. C. R. No. 19 ....................... ........................................  47
H .C .R . No. 2 3 . ...... ............... ........ ..................  ........ . 48



Second Extra Session of 1960 —  Louisiana Legislature

Act No. 2 ...........................................................................  50

H. C. R. No. 2 .................................................. ................  52

H. C.R. No. 23 ..................................................................  54

H. C. R. No. 28 .......................................................... ..... 58

Supplemental Statement and
Resume of Statutes Involved................................. 2 - 7



IN THE

Supreme Court of tpe llnttet) States

OCTOBER TERM, 1960

THE LEGISLATURE OF LOUISIANA, ET AL.,
Appellants

versus

EARL BENJAMIN BUSH, ET AL.

ON APPEAL FROM THE UNITED STATES DISTRICT 
COURT FOR THE EASTERN DISTRICT OF LOUISIANA

APPENDIX D TO JURISDICTIONAL STATEMENT

Statutes Involved

La. Acts 10-14, inclusive —  1st E. S. 1960 
La. Acts 16-27, inclusive —  1st E. S. 1960 
La. H. C. R. 10, 17-19, 23 —  1st E. S. 1960

La. Act # 2  —  2nd E. S. of 1960
La. H. C. R. 2, 23, 28 —  2nd E. S. of 1960

In the Jurisdictional Statement reference to Act 
16 of First Extra Session was omitted through oversight. 
That statement furthermore indicated that all of the 
statutes of the First Extra Session involved herein were 
printed in Appendix D to the appeal of the Orleans Parish 
School Board, another appellant in these cases. That ap-



2

pellant so stated on page 3 of its Jurisdictional Statement, 
but the appendix referred to was never printed and for­
warded to this court. This Appendix D is now submitted 
as a part of the Jurisdictional Statement of appellant, 
the Legislature of Louisiana.

SUPPLEMENTAL STATEMENT

A reading of the statutes involved in this case will 
clearly show that none of them refer to race or color, 
segregation or integration, and none of them are condition­
ed upon those subjects. Three of the acts, however, do 
relate to the closing of schools whenever any public school 
is under court order to carry on any program inconsistent 
with the Constitution and Laws of the State. These are 
Acts 11, 12, and 13 of the First Extra Session of the 
Legislature of 1960. (Infra, pages 14-17, inclusive)

The following brief resume of the statutes involed 
is made in support of the foregoing statements. Pagination 
refers to pages in this Appendix.

Act 10 of the First Extra Session authorizes the 
Governor to close any public school in the state in case of 
disorder, riots and violence, or to prevent the same. (p. 9)

Act 11 of the First Extra Session authorizes the 
Governor, in order to promote the peace, education, good 
order, and so forth, to close any school under court order 
to carry out any program inconsistent with the Constitu­
tion and Laws of the State or the policy, rules and regula­
tions of the State Board of Education, (p. 11)



3

Act 12 of the First Extra Session has a purpose and 
object similar to Act 11. (p. 12)

Act 13 of the same session prohibits the furnishing 
of free school books, funds, and supplies to schools which 
are ordered to, or which may carry out, any program incon­
sistent with the Constitution and Laws of the State, (p.17)

Act 14 of the same session provides that, in the 
exercise of the police power of the state, all schools shall 
be operated in accordance with the Constitution and Laws 
of the State, and State Board of Education policy, rules 
and regulations, in order to promote and protect the 
health, peace, morals, education and good order to people, 
(p. 18)

Act 16 of the First Extra Session merely amends 
the revised statutes relative to the duties and powers of 
police employees of the Department of Public Safety, and 
has no connection whatever with segregation or education, 
(p. 21)

Act 17 withdraws and suspends powers, duties and 
functions of the school boards in parishes of over 300,000 
population (which includes the Orleans Parish School 
Board). The Legislature itself assumes these powers and 
duties, and makes the employees of such school boards
employees of the Legislature, subject to its exclusive control, 
(p. 22)

Act 18 provides for the appointment by the Legis­
lature of a board of trustees which is empowered to take 
into its custody all funds accruing to any school board 
which ceases legally to exist, and provides for the dis-



4

bursement of such funds by the Legislature in the oper­
ation of the schools, (p. 24)

Act 19 reads: “ Title 17:123 is hereby repealed.” 
(The section of the Revised Statutes repealed provides for 
the creation of the Orleans Parish School Board and de­
fines its duties, powers and functions.) See page 26.

Act 20 authorizes the State Board of Education to 
approve and accredit all public schools except those which 
are operated in violation of the Constitution and Laws of 
the State, or State Board of Education policy, rules and 
regulations, (p. 26)

Act 21 provides that no school board, nor any mem­
ber thereof, shall exercise the functions of such office when 
any school under their jurisdiction has been ordered to 
carry out any program inconsistent with the Constitution 
and Laws of the State, or State Board of Education policy, 
(p. 27)

Act 22 provides for the closing of any school by the 
parish or city school board whenever such school is operated 
in violation of the Constitution or Laws of the State, or 
State Board of Education policy, (p. 28)

Act 23 provides for the revocation of the teaching 
certificate of any teacher in the public schools who shall 
instruct a class in violation of the Constitution and Laws 
of the State or State Board of Education policy, (p. 29)

Act 24 denies promotion and graduation credits to 
any pupil attending class in a public school where the



5

class has been made subject to any order inconsistent 
with the Constitution and Laws of the State or State Board 
of Education policy, (p. 30)

Act 25 amends Revised Statute 17:51  so as to pro­
vide for the creation and election of parish school boards, 
including the Parish of Orleans, (p. 31)

Act 26 relates to the assignment and transfer of 
pupils in and between schools, and prohibits the transfer 
of pupils after the 21st calendar day of the current, or 
any succeeding school year, under certain conditions, set 
forth therein, (p. 32)

Act 27 amends the Revised Statutes relative to 
school attendance and visiting teachers, and deletes from 
the law those provisions which require compulsory at­
tendance of children in public and private schools, (p. 35)

House Concurrent Resolution No. 10 of the First 
Extra Session creates a Legislative Committee of five 
members to exercise the authority of the Legislature in 
parishes where the powers, duties and functions of school 
boards have been taken over by the Legislature, and gives 
the said Committee authority over all employees of the 
school board including the payment of salaries, costs and 
expenses, and authorizes the Committee to take the books, 
records and papers of school boards, (p. 39)

House Concurrent Resolution No. 17 limits the powers 
of the Legislative Committee to the making of studies, 
investigations and reports with the view of keeping the



6

Legislature informed regarding the operation of school 
boards in parishes having over 300,000 population, and the 
Legislature assumes full control over such a public school 
system, including authority over funds on deposit in 
various banks to defray the cost of maintenance and oper­
ation of said schools, (p. 42)

House Concurrent Resolution No. 18 adopts and ap­
proves the actions of the Legislative Committee referred 
to above except the retention of the school superintendent 
and the attorney for the Orleans Parish School Board 
which ceased to exist by virtue of previous acts and reso­
lutions of the Legislature, (p. 45)

House Concurrent Resolution No. 19 declares a public 
school holiday for November 14, 1960, and is of no further 
significance in this case. (p. 47)

House Concurrent Resolution No. 23, pursuant to 
Article 9, Section 3 of the Louisiana Constitution, ad­
dresses out of office, and removes from their respective 
offices, former members of the defunct Orleans Parish 
School Board who have usurped powers, duties, and func­
tions belonging to the Legislature, (p. 48)

Act No. 2 of the Second Extra Session provides for 
the creation of a new school board for the Parish of Orleans 
and for the interim appointment of its members and for 
the election of their successors at the congressional elec­
tions, and fixes their terms and prescribes their power 
and authority, (p. 50)



7

House Concurrent Resolution No. 2 of the Second 
Extra Session puts all persons on notice that the former 
members of the defunct Orleans Parish School Board, 
and the former superintendent of the said board have no 
authority to act and that any attempted acts by these 
individuals are illegal, null and void. It specifically puts 
all banks on notice that they shall not honor any checks, 
warrants or evidences of indebtedness executed or author­
ized by the former members of the school board, the dis­
charged superintendent, or any of their agents or repre­
sentatives. The Resolution further provides that neither 
the state nor any of its subdivisions may be responsible for 
any debts, loans, advances or grants credited at the re­
quest of or on the proported authority of any of these 
individuals, (p. 52)

House Concurrnt Resolution No. 23 requires all banks 
or other depositories having funds credited to the account 
of the Orleans Parish School Board to be transferred to 
“ Louisiana Legislature School Account No. 1” , and further 
provides that no funds shall be drawn from said account 
except upon checks or warrants drawn and signed by two 
representatives of the Legislature, (p. 54)

House Concurrent Resolution No. 28 of the Second 
Extra Session requires any and all banks in New Orleans, 
in which funds are on deposit to the account of the defunct 
school board, to refuse and deny payment of all checks 
and other orders of payment issued by the defunct school 
board, and warns the said banks that the Legislature will 
hold them to a strict accounting in the event of any dis­
regard or failure of compliance with this resolution, (p. 58)



8

The original record, including Acts 10 to 14, in­
clusive and 16 to 27, inclusive, together with House Con­
current Resolutions No. 10, 17, 18, 19 and 23 enacted 
at the first extra session of the Louisiana Legislature of 
1960 were sent to the Clerk of this Court in the original 
record of appeal taken by the Orleans Parish School Board 
and docketed in this Court on December 12, 1960, as Docket 
Numbers 589 and 613.

The certified copies of the statutes of the second 
extra session of the Louisiana Legislature of 1960 herein 
involved are included in the record on this appeal.

All of the statutes involved are copied hereinafter 
in this Appendix.



9

ACTS OF 1960 FIRST EXTRA SESSION

SCHOOLS— CLOSING BY GOVERNOR 

ACT 10

HOUSE BILL NO. 10

An Act to amend Title 17 of the Louisiana Revised 
Statutes of 1950 by adding thereto a new section 
to be designated as Section 170 thereof, to pro­
vide for the closing, by the Governor, of any public 
school in the State of Louisiana in case of dis­
order, riots or violence or to prevent disorder, 
riots or violence; to provide for the protection 
of leave, tenure, pay and other rights of teachers 
and other employees affected thereby, and to pro­
vide for the reopening thereof.

Be it enacted by the Legislature of Louisiana:

Section 1.

Section 170 of Title 17 of the Louisiana Revised 
Statutes of 1950 is hereby enacted to read as follows:

§ 170.

Closing of public schools by governor in case of 
disorder, riots, or violence, or to prevent disorder, riots, or 
violence; reopening of schools closed by governor

A. The governor shall close any public school in 
the State of Louisiana whenever the operation thereof is 
threatened, interfered with or disrupted by disorder, riots 
or violence, or whenever, in his judgment, the closing of 
such school is deemed necessary to prevent disorder, riots 
or violence that would threaten, interfere with or dis­
rupt the operation thereof.



10

The governor shall reopen a school closed under the 
provisions of this section, and it shall resume operation 
under the supervision and control of its parish or city 
school board, whenever the governor deems it no longer 
necessary to keep the school closed in order to prevent 
disorder, riots or violence from threatening, interfering 
with or disrupting the operation of the school.

B. The governor shall direct the parish and city 
school boards to protect the rights and privileges of sick 
leave, sabbatical leave and all other types of leave, tenure, 
retirement and any other rights and privileges of teachers, 
bus drivers and all other school employees whose employ­
ment shall be affected by the closing of such schools. The 
governor shall direct the parish and city school boards 
to continue salary payments and all other benefits of 
such personnel for the remainder of the school year, or 
until the school is reopened as a public school under the 
provisions hereof, whichever occurs sooner, except where 
any of such personnel has entered a business or accepted 
other full time private employment. In the event any 
such employee enters a business or accepts full time private 
employment and his annual wages, salary or income there­
from is less than that which he would have earned had he 
continued his employment as a public school employee, the 
parish or city school board for which he was working at 
the time the school was closed by the governor shall pay 
to him the difference between his actual income and that 
which he would have earned as a public school employee 
during the school year in which the school was closed. In 
any such cases the parish or city school board may at any 
time require reasonable proof of any former employee’s 
status with respect to employment and/or income and 
withhold any payment herein provided until such proof 
has been furnished.

C. The governor shall direct the parish and city 
school boards and the state board of education to recognize



11

all children in schools closed under the provisions of this 
section as being in actual attendance until such time as 
he orders the schools reopened in accordance with the 
provisions of this section. The parish or city school boards 
shall have authority to promote any or all of such students 
in accordance with rules and regulations adopted by the 
state board of education.

Section 2.

If any provision or item of this Act or the application 
thereof is held invalid, such invalidity shall not affect other 
provisions, items or applications of this Act which can be 
given effect without the invalid provisions, items or ap­
plication and to this end the provisions of this Act are 
hereby declared severable.

SCHOOLS— CLOSING BY GOVERNOR 

ACT 11

HOUSE BILL NO. 11
An Act to authorize the governor, as the chief execu­

tive of the state, in order to promote the health, 
peace, morals, education, and good order of the 
people, to close any public school or school under 
court order to carry on any program, plan or rule 
not consistent with the Constitution and laws of 
the State or State Board of Education policy, rules 
and regulations, by providing protection for the 
rights of personnel and property of such closed 
schools, by providing for the reopening of such 
schools; to define the term “public school or school 
under court order;”  and to repeal all laws or parts 
of laws in conflict herewith.



12

Be it enacted by the Legislature of Louisiana:

Section 1.

As used in this Act the term “ public school or school 
under court order” shall mean any public school except 
an institution or institutions of higher learning.

The governor of the state of Louisiana, as the chief 
executive thereof, in order to promote the health, peace, 
morals, education and good order of the people, is hereby 
authorized and empowered to close any public school or 
school under court order to carry on any program, plan or 
rule not consistent with the Constitution and laws of the 
State or State Board of Education policy, rules and regu­
lations, and to fix the effective date of such closing. The 
governor is further authorized and empowered to close 
any other public school or schools in any parish or city 
school system where a school has been closed under the 
provisions of this Section if, in his opinion, the operation 
of such school or schools might cause friction or disorder 
among the school children or citizens of said system or 
result in a breach of the peace, civil disorder or strife.

Section 2.

The governor shall take such action as is necessary 
to protect all public school property of any school or schools 
ordered closed in compliance with Section 1 hereof.

Section 3.

The governor shall, whenever in the exercise of the 
discretion herein vested in him he determines that peace and 
good order can be maintained and the school operated in a 
manner provided by the Constitution and laws, or State 
Board of Education policy, rules and regulations, over the 
reopening of any school closed as provided by this Act, and 
the officials of such closed school shall thereupon resume 
their duties and functions as public school employees.



13

Section 4.

The governor shall direct the parish and city school 
boards to protect the rights and privileges of sick leave, 
sabbatical leave, all other types of leave, tenure, retire­
ment and any other rights and privileges of teachers, bus 
drivers and all other school employees whose employment 
shall be affected by the closing of such schools. The 
governor shall direct the parish and city school boards 
to continue salary payments and other benefits of such 
personnel for the remainder of the school year, except 
where they have been assigned duties in another public 
school, have entered a business or accepted other full time 
private employment. In the event any such employee shall 
enter a business or accept full time private employment, 
and his annual wages, salary or income therefrom is less 
than that which he would have earned had he continued 
his employment as a public school employee, the parish 
or city school board for which he was working at the time 
the school or schools were closed shall pay to him the dif­
ference between his actual income and that which he 
wrould have earned as a public school employee during the 
school year in which the school was closed. In any such 
cases the parish or city school board may at any time re­
quire reasonable proof of any former employee’s status 
with respect to employment and/or income and withhold 
any payment herein provided until such proof has been 
furnished.

Section 5.

The governor shall direct the parish and city school 
boards and the state board of education to recognize all 
children in schools temporarily closed because of a mixing 
of the races as being in actual attendance during this 
interval. The parish or city school board shall have 
authority to promote any or all such students in accordance



14

with rules and regulations which shall be adopted by the 
state board of education.
Section 6.

If any provision or item of this Act or the applica­
tion thereof is held invalid, such invalidity shall not affect 
other provisions, items or applications o f this Act which 
can be given effect without the invalid provisions, items 
or application and to this end the provisions of this Act 
are hereby declared severable.

SCHOOLS— CLOSING BY GOVERNOR 

ACT 12

HOUSE BILL NO. 12
An Act to authorize the governor of this state to pro­

mote the health, peace, morals, education, and 
good order of the people by closing public schools, 
whenever any public school or public school sys­
tem is under court order to carry on any program, 
plan or rule not consistent with the Constitution 
and laws of the state, or State Board of Education 
policy, rules and regulations, by providing pro­
tection for the rights of personnel and property 
of such closed schools; by providing for the re­
opening of such schools; by providing for the 
permanent closing of the schools, and by provid­
ing for the alienation of school properties to 
private persons; and to repeal all laws in con­
flict herewith.

Be it enacted by the Legislature of Louisiana:

Section 1.

Whenever the governor, under any provision of 
law has taken over the control, management and adminis­
tration of any public school or schools as the result of a



15

court order decreeing that a school board or school boards 
shall place into operation in the schools under its or 
their jurisdiction a plan or program not consistent with 
the Constitution and laws of the state, or State Board of 
Education policy, rules or regulations, irrespective of any 
other power conferred upon him by the law, the governor 
of this state, in order to promote the health, peace, morals, 
education and good order of the people, may order public 
schools in this state closed.

Section 2.

The governor shall take such action as is necessary 
to protect all public school property of all schools ordered 
closed in compliance with Section 1 hereof.

Section 3.

Whenever in his judgment he determines that peace 
and good order can be maintained and such schools may be 
operated according to state law and the State Board of 
Education policy, rules and regulations, the Governor shall 
order the reopening of all schools closed as above provided, 
and the officials of such closed schools shall thereupon re­
sume their duties and functions as public school employees.

Section 4.

If the governor of this state orders all public schools 
closed under the provisions of Section 1 hereof, and after 
a reasonable time determines that all the schools may not 
be reopened and operated on a racially segregated basis, 
he may declare the schools permanently closed.'

Section 5.

The governor shall direct the parish and city school 
boards to protect the rights and privileges with regard 
to sick leave, sabbatical leave, all other types of leave, 
tenure, retirement, and any other rights and privileges of 
teachers, bus drivers and all other school employees whose



16

employment is affected by the closing of such schools. The 
governor shall direct the parish and city school boards 
to continue salary payments and other benefits of such 
personnel for the remainder of the school year, except 
where any of such personnel has entered a business or 
accepted other full time private employment. In the 
event any such employee shall enter a business or accept 
full time private employment and his annual wages, salary 
or income therefrom is less than that which he would have 
earned had he continued his employment as a public school 
employee, the parish or city school board for which he 
was working at the time of severance, shall pay to him 
the difference between his actual income and that which 
he would have earned as a public school employee during 
the school year in which the school was closed. In any such 
cases the parish or city school board may at any time re­
quire reasonable proof of any former employee’s status 
with respect to employment and/or income and withhold 
any payment herein provided until such proof has been 
furnished.

If the public schools of this state are closed under 
the provisions of this Act during a vacation period before 
a new school year is begun, the provisions of this Act shall 
apply for the period which would have been the fol­
lowing school year.

Section 6.

The governor shall direct the parish and city school 
boards and the state board of education to recognize all 
children in schools closed under the provisions of Section 
1 hereof as being in actual attendance until such time 
as he orders the schools reopened or permanently closed. 
The parish or city school boards shall have authority to 
promote any or all such students in accordance with rules 
and regulations adopted by the state board of education.



17

Section 7.

Any parish or city school board or other agency 
authorized by law may sell, lease or otherwise dispose of, 
at public or private sale, for cash or on terms of credit, 
any real or personal property used in connection with the 
operation of any school or schools within its jurisdiction 
which has been permanently closed'by order of the governor 
as provided herein, to any private agency, group of persons, 
corporation or cooperative bona fide engaged in the opera­
tion of a private nonsectarian school, when in the opinion 
of such board or agency the best interest of the school 
system would be served by such action. Any such sale, 
lease or disposal of such school property shall be on such 
terms and conditions and for such consideration as in 
the judgment of the School Board or such agency shall be 
to the best interest of the people and the education of the 
children of the parish or city.
Section 8.

If any provision or item of this Act or the applica­
tion thereof is held invalid, such invalidity shall not af­
fect other provisions, items or applications of this Act 
which can be given effect without the invalid provisions, 
items or application and to this end the provisions of this 
Act are hereby declared severable.

SCHOOLS— BOOKS, SUPPLIES, AND FUNDS 

ACT 13

HOUSE BILL NO. 13
An Act to prohibit the furnishing of free school books, 

school supplies or other school funds or assistance 
to schools which may operate under any plan or 
program not consistent with the Constitution and 
laws of the state or State Board of Education 
policy, rides or regulations, and to provide penal­
ties for the violation of provisions of this Act.



18

WHEREAS, it is of the utmost importance to all the 
people of Louisiana, that the state exercise its police power 
to promote the health, peace, morals, education and good 
order of the people by not contributing assistance of any 
kind to any school which is ordered to or which may carry 
out any program, plan or rule not consistent with the Con­
stitution and laws of the state, or State Board of Education 
policy, rules and regulations,
Be it enacted by the Legislature of Louisiana:

Section 1.

No free school books or other school supplies shall 
be furnished by the state, nor shall any state funds for the 
operation of school lunch programs, nor shall any other 
state school funds be furnished or any assistance or re­
cognition be given to any elementary or secondary school 
in the State of Louisiana which may be ordered to operate, 
or which operates under any program, plan or rule not con­
sistent with the Constitution and laws of this state, or 
State Board o f Education policy, rules or regulations.

Section 2.

Any person, firm or corporation violating any of the 
provisions of this Act shall be deemed guilty of a mis­
demeanor and, upon conviction thereof by a court of com­
petent jurisdiction, for each such violation shall be fined 
or imprisoned in the discretion of the Court.

SCHOOLS— OPERATION 

ACT 14

HOUSE BILL NO. 14
An Act to provide, in the exercise of the police power 

of the State of Louisiana, that all public elemen­
tary and secondary schools in the State of Louisi­
ana shall be operated in accordance with the



19

Constitution and laws of this state, and State 
Board of Education policy, rules and regulations 
in order to promote and. protect the health, peace, 
morals, education and good, order of the people 
in the state; to provide penalties for the violation 
of the provisions of this Act, and to repeal all 
laws or parts of laws in conflict herewith.

WHEREAS the exercise of the state police power 
shall never be abridged, as provided in Section 18 of 
Article XIX o f the Constitution of Louisiana, and as re­
served to the states in the Tenth Amendment to the 
United States Constitution; and

WHEREAS, in the exercise of said state police 
power, laws have been enacted throughout the history of 
the state which have required the maintenance of schools 
for the education of the school children, in accordance with 
the state Constitution and laws and State Board of Educa­
tion policy, rules and regulations, to promote the health, 
peace, morals, education, and good order of the people, 
and such schools are required for the advancement, pro­
tection and better education of all children of school age 
in Louisiana, and the enforcement of the state police power 
in this regard, is of the utmost importance to all of the 
people of Louisiana, therefore:

Be it enacted by the Legislature of Louisiana:

Section 1.

All public elementary and secondary schools in the 
State of Louisiana shall be operated in accordance with 
the Constitution and laws of the State and State Board of 
Education policy, rules and regulations. This provision 
is made in the exercise of the state police power to promote 
and protect public health, peace, morals, education and 
good order of the people in the state.



20

Section 2.

The state board of education shall not approve any 
public schools which violate the provisions of this Act, nor 
shall any o f the state colleges or universities recognize 
any certificate of graduation from any school which is 
operated contrary to the provisions and policy of this Act 
as entitling the holder thereof to admission.

Section 3.

No free school books or other school supplies shall be 
furnished, nor shall any state funds for the operation of 
school lunch programs, or any other school funds be 
furnished or given to any elementary or secondary school 
which violates the provisions of this Act.

Section 4.

Any person, firm or corporation violating any of 
the provisions of this Act shall be deemed guilty of a mis­
demeanor and, upon conviction therefor by a court of 
competent jurisdiction shall be fined for each such violation 
not less than five hundred dollars nor more than one 
thousand dollars, or be sentenced to imprisonment in the 
parish jail for not less than ninety days nor more than 
six months, or be both fined and imprisoned as above 
stated, at the discretion of the court.

Section 5.

If any provision or item of this Act or the applica­
tion thereof is held invalid, such invalidity shall not af­
fect other provisions, items or applications of this Act 
which can be given effect without the invalid provisions, 
items or application and to this end the provisions of this 
Act are hereby declared severable. This Act shall be 
liberally construed to preserve and protect the state police 
power as provided in this Act.



21

POLICE EMPLOYEES— POWERS AND DUTIES 

ACT 16

HOUSE BILL NO. 16

An Act relative to the Police Power of the State; to 
amend Section 1379 of Title J>0 of the Louisiana 
Revised Statutes of 1950 relative to duties and 
powers of police employees of the department of 
Public Safety.

Be it enacted by the Legislature of Louisiana:

Section 1.

Section 1379 of Title 40 of Louisiana Revised 
Statutes of 1950 is hereby amended and re-enacted to read 
as follows:

§ 1379. Duties and powers of police employees

The police employees of the division shall prevent 
and detect, crime, apprehend criminals, enforce the crimi­
nal and traffic laws of the state, keep the peace and good 
order in the state in the enforcement of the state’s police 
powers, and perform any other related duties imposed 
upon them by the Legislature.

Police employees of the division are peace officers 
and, any provision of the law to the contrary notwith­
standing, except R.S. 40:1386, they have, in any part of 
the state, the same powers with respect to criminal matters 
and the enforcement of the law relating thereto as sheriffs, 
constables, and police officers have in their respective 
jurisdictions. They have all the immunities and matters 
of defense now available or hereafter made available to 
sheriffs, constables, and any police officers in any suit 
brought against them in consequence of acts done in the 
course of their employment.



22

Any warrant of arrest or other process issued by 
the Legislature or either House thereof, or any court of 
the state may be served and executed by any police em­
ployee of the division in any part of the state according 
to the tenor thereof without endorsement.

SCHOOL BOARDS IN PARISHES OYER 300,000—  
ASSUMPTION OF POWERS BY LEGISLATURE

ACT 17

HOUSE BILL NO. 18

An Act to withdraw, reclaim, and suspend certain 
powers, duties, and functions of all parish school 
boards in parishes of over 300,000 population; 
to provide certain exceptions relative to the levy­
ing and collecting of taxes, the disposition of 
the proceeds thereof, the incurring of debt and 
the issuing of bonds and other evidences of debt 
authorized by the Constitution and. laws of this 
state; to exercise the Legislative authority to 
make provisions for the education of the school 
children of this state and/or for an educational 
system which shall include all public schools and 
all institutions of learning operated by state agen­
cies as provided in Section 1 of Article X II of the 
Constitution of 1921; to prohibit interference 
with the operation of said schools; to provide for 
penalties for violations of this A ct; and to repeal 
all laws or parts of laws in conflict herewith.

Be it enacted by the Legislature of Louisiana:

Section 1.

All powers, duties and functions previously vested 
in parish school boards in parishes over 300,000 population 
granted by the Legislature are hereby withdrawn, re-



23

claimed, and/or suspended, and all such powers, duties 
and functions are reserved to, vested in and shall be 
exercised by the Legislature.

Section 2.
*

The employees of all parish school boards in parishes 
of over 300,000 population employed, appointed or elected 
in accordance with law, shall be employees of the Legis­
lature subject to the exclusive control of said Legislature 
and shall perform such duties incumbent upon them as 
may be required by the Legislature. Such employees 
shall be immune from any liability for acts arising out 
of the performance of any duty imposed by the Legis­
lature.

Section 3.

All powers and duties withdrawn in compliance 
with Section 1 hereof are reserved by the Legislature to 
itself and are passed on to the employees as the Legisla­
ture may direct.

Section 4.

Any person who obstructs or in any manner at­
tempts to obstruct or prevent the duly authorized mem­
bers of the Louisiana Legislature or any of the employees 
of the Legislature from exercising the powers, duties 
and functions assumed by this Act, or any person who 
has custody of any property, books, records and papers 
pertaining to the operation of said schools and refuses 
to deliver such custody and possession to said members 
of the Legislature or employees engaged in the operation 
of said schools under this Act, and any person who at­
tempts to exercise or perform any of the powers, duties and 
functions assumed by this Act, without authority from 
the Legislature or its authorized members, shall be deemed 
guilty of a misdemeanor, and upon conviction by court 
of competent jurisdiction shall be fined not less than Five



24

Hundred Dollars ($500.00) nor more than One Thousand 
Dollars ($1000.00) and be sentenced to serve not less 
than sixty (60) days and not more than six (6) months 
in the parish jail, and no judge shall have authority to 
remit such fine or suspend such sentence.

BOARD OF TRUSTEES— SCHOOL FUNDS 

ACT 18

HOUSE BILL NO. 19
An Act to provide for the appointment by the legis­

lature of a Board of Trustees empowered to take 
into its custody all funds accruing to any school 
board in the state which ceases legally to exist 
or should the Legislature suspend or authorize 
the suspension of any provision or provisions 
of Title 17 of the Louisiana Revised Statutes of 
1950, relative to any parish school board, and to 
provide further for the disbursement of certain 
of said funds and the transfer of the remainder 
to the State Treasury dedicated to the main­
tenance and operation of the public schools, 
and/or the education of the school children, previ­
ously under the jurisdiction of the formerly ex­
isting School Board.

Be it enacted by the Legislature of Louisiana:

Section 1.

Whenever any School Board in the State of Loui­
siana shall cease legally to exist, or should the Legislature 
suspend or authorize the suspension of any provision or 
provisions of Title 17 of the Louisiana Revised Statutes 
of 1950 relative to any parish school board, the President 
of the Senate shall designate one qualified elector and 
the Speaker of the House of Representatives shall designate 
two qualified electors, domiciled within the area over which



25

the School Board had jurisdiction, as a Board of Trustees, 
whose duty it shall be to gather and take into custody 
such funds as have accrued and will accrue to the said 
School Board, Said Board of Trustees, as the successor 
in law to said School Board which has ceased legally to 
exist, shall have authority to levy and have collected, and 
to receive all taxes and other revenues, grants and funds 
authorized by the Constitution and laws of this State.

Section 2.

From the funds so accrued such portion as may 
be necessary to service or liquidate outstanding bonded 
obligations according to their tenor shall be withheld and 
disbursed by said Board of Trustees as required by the 
instruments of indebtedness and the remainder shall be 
in due course remitted by said Board to the State Treasury.

Section 3.

Such funds SQ transferred to the State Treasury 
shall be earmarked and dedicated to the maintenance and 
operation of the public schools and the education of the 
school children previously under the jurisdiction of the 
formerly existing School Board, and disbursed as may 
be directed by the Legislature.

Section 4.

The persons so designated to the Board of Trustees 
hereby instituted shall serve at the pleasure of the Legis­
lature. Any vacancy on the board shall be filled by the 
officer who made the original appointment. After a 
vacancy occurs and until such time as it is filled the 
remainder of the Board is fully empowered to act to the 
same extent as if no vacancy existed.
Section 5.

The Members designated to the Board of Trustees 
hereby instituted shall each be bonded in the amount of



26

$50,000.00 in favor o f the State of Louisiana, which bond 
shall be accepted and approved by the Legislature, or by the 
President of the Senate, during adjournment of the Legis­
lature, and recorded in the mortgage records of the Parish 
in which the School Board is domiciled.

ORLEANS PARISH SCHOOL BOARD 

ACT 19

HOUSE BILL NO. 20
An Act to repeal title 17:123 of the Louisiana Revised 

Statutes of 1950.

Be it enacted by the Legislature of the State of Louisiana: 

Section 1.

Title 17:123 is hereby repealed.

SCHOOLS— ACCREDITATION 

ACT 20

HOUSE BILL NO. 21
An Act to authorize the State Board of Education to 

approve and accredit all public schools except 
those which are operated in violation of the Con­
stitution and laws of the state, or State Board 
of Education policy, rules and regulations; and to 
repeal all laws or parts of laws in conflict here­
with.

Be it enacted by the Legislature of Louisiana:

Section 1.

The State Board of Education shall approve and 
accredit all public schools according to uniform standards; 
however, said Board shall not approve or accredit any



27

school which is operated in violation of the Constitution 
and laws of the state, or State Board of Education policy, 
rules and regulations.

SCHOOL BOARDS— MALFEASANCE  

ACT 21

HOUSE BILL NO. 22

An Act to add Section 52.1 to Title 17 of the Louisiana 
Revised Statutes of 1950 relative to school boards 
and the members thereof and cause for their 
removal from office; and to repeal all laws or 
parts of laws in conflict herewith.

Be it enacted by the Legislature of Louisiana:

Section 1.

Section 52.1 is hereby added to Title 17 of the 
Louisiana Revised Statutes of 1950 as follows:

Section 52.1.
No school board o f this state, nor any member 

thereof, shall exercise the functions of such office when 
any school or schools under their jurisdiction shall have 
been ordered to carry on any program, plan, rule or 
regulation not consistent with the Constitution and laws 
of the state or State Board of Education policy, rules and 
regulations, and any act committed by any member or 
members of any such school board in violation hereof 
shall constitute malfeasance in office, and shall be grounds 
for removal from office.



28

SCHOOLS— CLOSING BY SCHOOL BOARD 

ACT 22

HOUSE BILL NO. 23
An Act to provide for the closing of any public school 

operated in violation of the Constitution or laws 
of the state, or State Board of Education policy, 
rules and regulations; to protect the interest of 
the public in such closed schools; for disposal of 
such school property; and to repeal all laws or 
parts of laws in conflict herewith.

Be it enacted by the Legislature of Louisiana:

Section 1.

Any public school which is operated in violation 
of the Constitution or laws of the state, or State Board of 
Education policy, rules and regulations shall be deemed 
inadequate to provide and insure a minimum educational 
program as prescribed by the State Board of Education, 
and shall be closed forthwith by the parish or city school 
board.

Section 2.

The parish or city school boards or any agency 
authorized by law shall take proper measures to protect 
the interest of the public in such closed schools and shall 
dispose of such school property as may be deemed un­
necessary for public school purposes.

Section 3.

Any parish and city school board or any agency 
authorized by law may sell, lease or otherwise alienate or 
dispose of, at public or private sale, on such terms and for 
such considerations as may be to the best interest of 
the people of the parish and most helpful to the proper 
education of their school children, any real or personal



29

property used in connection with the operation of any 
school or schools within its jurisdiction which has been 
indefinetely closed or abandoned for public school purposes, 
to any private agency, group of persons, corporation or 
cooperative bona fide engaged in the operation of a private 
nonsectarian school whenever, in the opinion of such board, 
the best interest of the education o f the school children 
of the parish would be served by such action.

TEACHING CERTIFICATES— REVOCATION  

ACT 23

HOUSE BILL NO. 24
An Act to provide for the revocation of the teaching 

certificate of any teacher in the public schools 
of Louisiana who shall instruct a class in viola­
tion of the Constitution and laws of this state 
or in violation of State Board of Education policy, 
rules and regulations; to prohibit parish and 
city school boards or superintendents from pay­
ing such teachers for rendering services without 
a valid teacher’s certificate; to 'provide for the 
revocation of the certificate and termination of 
employment of any principal, supervise/)", or 
superintendent who permits any teacher to teach 
such a class; and to repeal all laws or parts of 
laws in conflict herewith.

Be it enacted by the Legislature of Louisiana:

Section 1.

The State Board of Education and the State 
Superintendent of Education, or either of them, shall re­
voke the teaching certificate of any teacher in the public 
schools of Louisiana who shall instruct a class in violation 
of the Constitution and laws of this state or in violation 
of State Board of Education policy, rules and regulations,



30

and no parish and/or city school board or superintendent 
shall pay such teacher for rendering service without a 
valid teacher’s certificate and any principal, supervisor 
or superintendent who permits any teacher to teach such 
a class shall have his certificate likewise revoked for such 
cause, and his contract of employment terminated for 
malfeasance in office.

SCHOOL PUPILS— PROMOTION AND GRADUATION
CREDITS

ACT 24

HOUSE BILL NO. 25

An Act to deny all promotion and graduation credits 
to any pupil who shall attend class in any school 
in Louisiana under the supervision and control 
of the State Board of Education where the class 
has been made subject to any order not consistent 
with the Constitution and laws of the state or 
State Board of Education policy, rules and re­
gulations; and to repeal all laws or parts of 
laws in conflict herewith.

Be it enacted by the Legislature of Louisiana:

Section 1.

Any pupil who shall attend class in any school in 
Louisiana under the supervision and control of the State 
Board of Education where the class has been made subject 
to any order not consistent with the Constitution and 
laws of the State or State Board of Education policy, rules 
and regulations, shall be denied all promotion and gradu­
ation credits.



31

PARISH SCHOOL BOARDS— STATUS, POWERS, ETC.

ACT 25

HOUSE BILL NO. 26

An Act to amend and re-enact Section 51 of Title 17 
and to repeal Section 121 of Title 17 of the 1950 
Louisiana Revised Statutes relative to Parish 
School Boards.

Be it enacted by the Legislature of Louisiana:

Section 1.

That Section 51 of Title 17 of the 1950 Louisiana 
Revised Statutes, relative to Parish School Boards, be 
amended and re-enacted so as to read as follows:

§ 51. Parish boards as bodies corporate; officers upon 
whom service may be made

There shall be a parish school board for each of the 
parishes, and the Legislature shall make provision for 
the creation and election of a School Board for the Parish of 
Orleans, and these several parish school boards are con­
stituted bodies corporate with the power to sue and be 
be sued under the name and style (Name of Parish) 
Parish School Board. Citation shall be served on the 
president of the board and in his absence on the vice- 
president.

Section 2.

That Section 121 of Title 17 of the 1950 Louisiana 
Revised Statutes relative to the nomination and election 
of members of the Orleans Parish School Board, qualifi­
cations, compensation, and vacancies, be and the same 
is hereby repealed in its entirety.



32

SCHOOL PUPILS— TRANSFER  

ACT 26

HOUSE BILL NO. 27
An Act to amend Title 17 of the Louisiana Revised 

Statutes of 1950 by adding thereto a new section 
to be designated as R.S. 17:81.1, relative to 
assignment, enrollment and transfer of pupils in 
and between schools, and penalties for violation 
of the section.

Be it enacted by the Legislature of Louisiana:

Section 1.

Section 81.1 of Title 17 of the Louisiana Revised 
Statutes of 1950 is hereby enacted to read as follows:

§ 81.1. Assignment, enrollment and transfer of pupils; 
penalties

A. No pupil may transfer or be transferred from 
any public elementary or secondary school in this state 
to another public elementary or secondary school after the 
21st calendar day of the current or any succeeding school 
year for the school in which he is enrolled, unless the 
parent, tutor, guardian, person having legal custody or 
person standing in loco parentis, with whom the pupil 
resides, removes the residence to a location which is 
outside the area from which pupils were, at the beginning 
of the school year, regularly assigned and attending the 
school from which the transfer is made or sought, pro­
vided that such pupil may be assigned to the public school 
of the area including such new residence to which he 
normally would have been assigned, had he enrolled therein 
from said residence.

B. No pupil may transfer or be transferred from 
any private school to any public elementary or secondary



33

school after the 21st calendar day of the current or any 
succeeding school year for the public school to which he 
normally would have been assigned had he enrolled in 
public school unless the parent, tutor, guardian, person, 
having legal custody or person standing in loco parentis, 
with whom the pupil resides, moves to a residence outside 
the area from which pupils were, at the beginning of such 
school year, regularly assigned and attending such public 
school; provided, however, that the provisions of this 
Sub-section shall not prohibit a pupil attending a private 
school from transferring at any time to the public elemen­
tary or secondary school to which, at the beginning of 
the school year, he normally would have been assigned 
had he enrolled in public school.

C. After the 21st calendar day of the current or 
any succeeding school year for the public school in which 
he in enrolled, or in the case of a pupil in private school, 
after the 21st calendar day of the current or any succeeding 
school year for the public school to which he normally 
would have been assigned had he enrolled in public school, 
no pupil may be transferred to any public elementary or 
secondary school if  the parent, tutor, guardian, person 
having legal custody or person standing in loco parentis, 
with whom the child resides, has moved or moves tem­
porarily to another residence for the primary purpose 
of effecting a transfer of the pupil under the provisions 
of Sub-section B or C of this Section.

D. No pupil may be enrolled in nor continue to 
attend a public elementary or secondary school in which 
his enrollment is sought or has been effected if the resi­
dence of the pupil was or is a temporary residence estab­
lished primarily to obtain admission to such school and to 
evade assignment to the school to which he normally 
would have been assigned had temporary residence not 
been established.



34

E. If any pupil, within the first 21 calendar days 
of the current or any succeding school year for the public 
elementary or secondary school to which he normally would 
have been assigned, did not enroll in such school, he shall 
not be enrolled in another public elementary or secondary 
school, unless by a transfer lawfully made under the 
provisions of this Section.

F. Any member of a city or parish school board 
or any city or parish superintendent of schools who votes 
or takes any action to order, or who consents to, or who 
cooperates in any enrollment or transfer of any pupil 
which is contrary to the provisions of this Section 81.1 
shall, for each such offense, be fined not less than one 
hundred dollars nor more than five hundred dollars or 
imprisoned for not more than ninety days, or be both 
fined and imprisoned.

G. Any transfer or enrollment made in violation of 
any provision of this Section shall be null and void, and any 
rule, regulation or order of any school board in conflict with 
the provisions of this Section 81.1 shall be null, void and of 
no effect.

Section 2.

All laws or parts of laws in conflict herewith, and 
particularly any laws authorizing school boards to make 
rules, regulations or orders in conflict herewith, are here­
by repealed.

Section 3.

The provisions of this Act shall control over any 
contrary provisions of any other Act passed in this session 
of the Legislature.

Section 4.

If any provision or item of this Act or the applica­
tion thereof is held invalid, such invalidity shall not af-



35

feet other provisions, items or applications of this Act 
which can be given effect without the invalid provisions, 
items or application and to this end the provisions of 
this Act are hereby declared severable.

SCHOOL ATTENDANCE— VISITING TEACHERS 

ACT 27

HOUSE BILL NO. 28
An Act to amend and re-enact Sub-Part “ C” of Part III 

of Chapter 1 of Title 17 of the Louisiana Revised 
Statutes of 1950, relative to school attendance and 
visiting teachers, to delete therefrom those pro­
visions which require compulsory attendance of 
children in public and private day schools and 
matters pertaining thereto.

Be it enacted by the Legislature of Louisiana:

Section 1.

Sub-Part “ C”  of Part III of Chapter 1 of Title 17 
of the Louisiana Revised Statutes of 1950 is hereby amend­
ed and re-enacted to read as follows:

SUB-PART C. SCHOOL ATTENDANCE
§ 221. State supervisors of attendance; duties

The state superintendent of education shall appoint 
or designate a member of the State Department of Educa­
tion whose primary responsibility shall be to supervise and 
enforce the provisions of this Sub-Part and who shall serve 
as state supervisor of attendance. The state supervisor 
of attendance shall have general supervision over visiting 
teachers or other persons authorized to serve in lieu of 
visiting teachers, and shall be responsible for the general 
administration of this Sub-Part. The state superintendent 
of education is authorized to prescribe the duties of the



36

state supervisor of attendance, and to make such rules and 
regulations for the performance of such duties, not incon­
sistent with law, as will promote the purposes of this Sub- 
Part.

§ 222. Visiting teachers
A. Each parish and city school board may employ 

at least one competent and qualified full time visiting 
teacher who shall discharge such duties as are usually per­
formed by or delegated to visiting teachers. Each parish 
and city school board shall fix the compensation of the 
visiting teachers it employs, payable from the school funds 
of the parish or city, as the case may be, and shall prescribe 
the duties of such visiting teachers and make such rules 
and regulations as are necessary for the performance 
thereof.

B. Whenever, upon the request of the parish school 
board, the state supervisor of attendance certifies in writ­
ing, giving the reasons therefor, that any parish because 
of its size, the paucity of its school population or for other 
good cause, does not require the services of a full-time 
visiting teacher, then such parish school board may dis­
pense with the services of a full time visiting teacher, and 
in place thereof may either employ a part time visiting 
teacher who is certified as qualified by the State Board of 
Education or join with a neighboring parish in the joint 
employment of a visiting teacher, as authorized by the 
supervisor. No such certification and authorization shall 
be valid for a period longer than two years, but it may be 
renewed as often as conditions justify.

C. Upon the recommendation of the parish or city 
superintendent of education, any parish or city school 
board which does not employ a full time or part time visit­
ing teacher, shall designate one or more members of the 
supervisory or teaching staff to serve as visiting teacher. 
The person or persons so designated shall, whenever the



37

parish or city superintendent deems it necessary, be re­
lieved of other duties to the extent necessary for the pur­
pose. Such person or persons, with approval of the state 
supervisor of attendance, shall exercise all the functions 
and have all of the authority conferred by this Sub-Part 
upon visiting teachers.

§ 223. Appointment of visiting teachers; list of eligibles; 
temporary appointments

Annually or as often as is necessary the state super­
intendent of education shall prepare and furnish to each 
parish and city superintendent of education, a list of the 
names of persons whom the State Board of Education has 
certified as being qualified to be visiting teachers. The 
appointment of parish and city visiting teachers shall be 
made by the parish or city school board upon the recom­
mendation of the parish or city superintendent of educa­
tion ; however, no person shall be so appointed unless certi­
fied as competent by the State Board of Education. Visit­
ing teachers need not be qualified electors or residents of 
the parish or city in which they are appointed to serve.

§ 224. Powers and duties of visiting teachers; coopera­
tion with departments of state

In the discharge of their duties, visiting teachers 
or other authorized persons shall cooperate fully with the 
State Department of Public Welfare, the State Department 
of Labor, the State Board of Health and other state 
agencies. They shall make monthly and annual reports 
on attendance and other problems of child-school adjust­
ments in their parishes or cities to the parish or city 
superintendents of education and to the state supervisor 
of attendance, and shall comply with the rules and regu­
lations of the parish or city school board employing them 
and those of the State Board of Education.



38

§ 225. Retirement and tenure of visiting teachers
Visiting teachers employed under the provisions of 

this Sub-Part shall have the same status with respect to 
teacher retirement and tenure as other teachers or super­
visors whose employment requires that they hold valid 
certificates issued by authority of the State Board of 
Education.

§ 226. Attendance records, principals’ duty to furnish; 
penalty for violation of provisions

A. Visiting teachers shall receive the cooperation 
and assistance of all teachers and principals, public and 
private, in the parish or city within which they are ap­
pointed to serve. Within thirty days after the beginning 
of each school year the principals or heads and the teachers 
of all schools, whether public, private, denominational or 
parochial, shall report in writing to the visiting teacher 
of the parish or city the names, ages, race, whether Cau­
casian, colored or negro, and residence of all pupils in at­
tendance at their schools and classes, and shall make such 
other reports of attendance in their schools or classes as 
may be required by rule or regulation of the State Board 
of Education. All schools shall keep daily reports of at­
tendance, verified by the teacher making the record, and 
these records shall be open to inspection by the visiting 
teacher or by any other duly authorized representative at 
all reasonable times.

B. Whoever violates any provision of this Section, 
or of any rule or regulation of the State Board of Educa­
tion pertaining to visiting teachers and their duties which 
has been published at least one time in the official journal 
of the state prior to the date of the violation, upon convic­
tion by a court of competent jurisdiction, shall be fined not 
more than ten dollars or imprisoned for not more than ten 
days, or both. Each day the violation continues shall 
constitute a separate offense.



39

Section 2.

If any provision or items of this Act or the appli­
cation thereof is held invalid, such invalidity shall not 
affect other provisions, items or applications of this Act 
which can be given effect without the invalid provisions, 
items or application and to this end the provisions of this 
Act are hereby declared severable.

LEGISLATIVE COMMITTEE— OPERATION OF 
SCHOOLS IN PARISHES OF 300,000

HOUSE CONCURRENT RESOLUTION NO. 10

BE IT RESOLVED by the Legislature of Louisiana, 
the House of Representatives and the Senate concurring:

Section 1.

That a Legislative Committee be created to consist 
of five (5) members of the House of Representatives, to 
be appointed by the Speaker of the House, and three (3) 
members of the Senate, to be appointed by the President 
of the Senate, which Committee shall have full authority 
to carry out the provisions of House Bill No. 18, Act No. 
17 of the Extraordinary Session of the 1960 Legislature, 
to reclaim certain powers, duties and functions of Parish 
School Boards in parishes having over 300,000 population, 
and to exercise the authority of the Legislature of Louis­
iana as provided therein to make provisions for the edu­
cation of the school children, and for an educational system 
which shall include all public schools and institutions 
operated in such parishes, with full authority over all 
employees engaged in such school system, as though the 
Legislature were in continual session and operating said 
schools under its constitutional authority and under the 
provisions of said Act; except that said Committee shall 
operate said schools under a plan or program consistent 
with the Constitution and laws of the State and State



40

Board of Education policy, rules or regulations, and 
said Committee shall have no authority to make any 
changes therein, except by action of the Legislature.

Any and all acts of said Committee pursuant here­
to shall be considered as an act of the Louisiana Legis­
lature and not an act of the Executive Department of the 
State Government.

Section 2.

That said Committee shall be in continual session, 
and shall have the same legal status as if they were in 
attendance at a session of the Legislature, and the mem­
bers of the Committee shall in all cases be privileged 
from arrest while in continual session as provided by 
Section 13 of Article III of the Louisiana Constitution; 
and said Committee and its members, individually and 
collectively, acting for and in behalf of the Louisiana 
Legislature, shall not be subject to suit.

Section 3.

Within its powers herein granted, said Committee 
shall have full authority over all employees of said School 
Boards, made employees of the Legislature by said Act, 
including the power to suspend or discharge any of said 
employees, without exception, who, in the judgment of 
said Committee, do not cooperate with the Committee in 
carrying out the purpose of said Act and of this Reso­
lution.

Section 4.

Said Committee shall have authority, through its 
designated representatives, to draw warrants for pay­
ment against the Treasury having the funds on deposit 
to defray the cost of the maintenance and operation of 
said schools or school system, including payment of 
salaries of school teachers and other personnel, costs



41

of lunch program and all other costs and expenses of 
maintaining and operating said schools or school system.

The Comptroller and Treasurer of the State of 
Louisiana are hereby directed to honor and pay all such 
warrants out of school funds to the credit of said Parish 
or Parishes for the maintenance and operation of said 
schools or school system.

Section 5.

All of the books, records and papers of Parish 
School Boards in parishes of over 300,000 population are 
hereby transferred to said Committee, and all employees 
of such School Boards and all persons whomsoever having 
custody or possession of the same are hereby directed to 
deliver such custody and possession to said Committee.

Said Committee shall have power to issue subpoenas 
for the production and delivery of all such books, records 
and papers, and to issue summons for the appearance of 
witnesses, to administer oaths and require such witnesses 
to testify under oath, and to take such proceedings as in 
the judgment of the Committee may be necessary against 
any unwilling or recalcitrant witness, and to compel the 
production of said books, records and papers.

Section 6.

That part II of Title 17, Sections 51 through 127, 
both inclusive, of Title 17 and Sections 570 and 571 of 
Title 18 of the 1950 Louisiana Revised Statutes, as amend­
ed, insofar as the powers, duties and functions, and the 
composition, election, qualifications and terms of office 
of Parish School Boards of parishes having over 300,000 
population is concerned, be and the same are hereby sus­
pended.



42

Section 7.

Said Committee shall have authority to appoint and 
employ legal counsel as may be necessary to carry out the 
provisions of said Act and of this Resolution, and to fix 
their compensation and legal expenses out of funds avail­
able for Legislative Committees.

LEGISLATIVE COMMITTEE— OPERATION OF SCHOOLS 
IN PARISHES OF 300,000

HOUSE CONCURRENT RESOLUTION NO. 17

BE IT RESOLVED by the Legislature of Louisi­
ana, the House of Representatives and the Senate concur­
ring, that House Concurrent Resolution No. 10 of the 
Extraordinary Session of 1960 be amended, re-enacted, 
and re-adopted as hereinafter set forth.

Section 1.

That the Legislative Committee created and con­
stituted pursuant to House Concurrent Resolution No. 10 
of the Extraordinary Session of 1960, be continued, as 
now constituted, except that the powers of said Committee 
shall be limited to making studies, investigations and 
reports with the view of keeping the Legislature informed 
in regard to the operation of parish school boards in 
parishes having over 300,000 population. Said Committee 
shall have power and authority to hold hearings and to 
take any and all actions that might be necessary or in­
cidental to keeping the Legislature of Louisiana fully 
informed in regard to the operation of public school sys­
tems in parishes having over 300,000 population. Said 
Committee shall serve with the authority and power pro­
vided in such cases by the Constitution of Louisiana and 
it may issue subpoenas upon the signature of the Chair­
man or Secretary to compel the attendance and testimony



43

of witnesses and the production of evidence relating to 
any matter properly under investigation by the Committee, 
and in case of refusal to comply therewith, the Committee 
shall have authority to secure from any court of compe­
tent jurisdiction an order compelling such compliance, 
and any failure to obey such order shall be punished by 
such court as contempt, Said Committee shall be com­
posed of the members appointed to membership thereon 
pursuant to House Concurrent Resolution No. 10 of the 
Extraordinary Session of 1960.

Said Committee shall make regular reports to the 
Legislature in respect to its findings.

Section 2.

Pursuant to the provisions of Act No. 17 of the 
Extraordinary Session of 1960, the Legislature of Lou­
isiana assumes and shall have full control of the public 
school system in parishes containing 300,000 or more in 
population and said Legislature assumes and shall have 
and exercise full authority and control over all employees 
heretofore subject to the authority of any parish school 
board in any such parish. Said employees shall be em­
ployees of the Legislature of Louisiana and said Legis­
lature shall have the power to suspend or discharge any 
of said employees, without exception, who, in its judg­
ment, do not cooperate in carrying out the purposes of 
Act No. 17, House Concurrent Resolution No. 10 and this 
Resolution, all enacted and adopted at the Extraordinary 
Session of 1960.

Section 3.

The Legislature of Louisiana through its desig­
nated representatives shall have authority to draw war­
rants against all banks and depositories having funds on 
deposit to defray the cost of maintenance and operation 
of said schools and said school systems in said parishes



44

and shall have full authority for the payment of salaries 
of school teachers and other personnel, costs of lunch 
programs and all other costs and expenses whatsoever 
of maintaining and operating the schools and school sys­
tems.

All banks or other depositories having custody of 
any funds credited to any such parish or parishes for the 
maintenance and operation of schools or school systems, 
shall transfer said funds to the Legislature of Louisiana, 
which shall be deposited in Louisiana Legislative School 
Account No. 1, and such transfers shall include funds 
and accounts now or heretofore credited to parish school 
boards in parishes containing 300,000 or more in popu­
lation.

Section 4.

All of the books, records, papers and property of 
parish school boards in parishes over 300,000 population 
shall be transferred to the Legislature of Louisiana as of 
November 10, 1960, and all employees of any school board 
heretofore existing in any such parish and all persons 
whomsoever having custody or possession of such books, 
records, papers or property are hereby directed to deliver 
such custody and possessions to the Legislature of Lou­
isiana.

Said Legislature shall have power to issue sub­
poenas for the production and delivery of all such books, 
records, papers and property and to issue summons for 
the appearances of witnesses, to administer oaths and 
require such witnesses to testify under oath, and to take 
such proceedings and to do such things as in the judgment 
of the Legislature may be necessary against any unwilling 
or recalcitrant witness, and to compel the production of 
said books, records, papers and property.



45

The Legislature of Louisiana shall have authority 
to appoint and employ such legal counsel as may be neces­
sary to carry out the provisions of Act No. 17, House 
Concurrent Resolution No. 10 and this Resolution, all of 
the Extraordinary Session of 1960, and to fix their com­
pensation and to pay legal expenses out of funds available 
to the Legislature.

Section 5.

Nothing herein contained shall be construed to 
constitute any repeal, revocation or modification of the 
provisions of Section 6 of House Concurrent Resolution 
No. 10 of the Extraordinary Session of 1960, effective 
November 8, 1960, and the provisions of said Section are 
hereby reaffirmed as said provisions were written and 
adopted in House Concurrent Resolution No. 10.

Section 6.

Nothing contained in this Resolution shall be con­
strued to revoke or repeal the provisions of House Con­
current Resolution No. 10 of the Extraordinary Session of 
1960, except as expressly otherwise provided by this Reso­
lution, and the Legislature of Louisiana does hereby re­
assert and continue its control over the public school 
systems in parishes containing over 300,000 population.

LEGISLATIVE COMMITTEE— RATIFICATION  
OF ACTIONS

HOUSE CONCURRENT RESOLUTION NO. 18

WHEREAS, pursuant to the provisions of Act No. 
17 and House Concurrent Resolution No. 10 of the Extra­
ordinary Session of the Legislature of 1960, the Committee 
authorized by said House Concurrent Resolution No. 10 
was appointed to consist of Senators E. W. Gravolet, Jr., 
William J. Cleveland, and Charles E. Deichmann; and



46

Representatives Risley C. Triche, Edward F. LeBreton, 
Jr., Parey P. Branton, Vail Delony and Wellborn Jack, 
and;

WHEREAS, said Committee held its first meeting 
at the State Capitol, in the City of Baton Rouge, at 1:00 
p.m., Wednesday, November 9, 1960, and its second meet­
ing at the Nicholas Bauer Building, City of New Orleans, 
at 9:50 a.m., Thursday, November 10, 1960, and pur­
suant to the authority vested in said Committee did pro­
ceed to assume, on behalf of the Legislature of Louisiana 
and in the name of said Legislature, the control and oper­
ation of the Public School System in the Parish of Orleans 
and to take the actions reflected by the minutes of said 
meetings of said Committee, which minutes are attached 
to this Resolution and made a part hereof to the same 
extent as if  said minutes were copied herein in extenso, 
and;

WHEREAS, the business transacted by said Com­
mittee, as reflected by said minutes and all of the work 
of said Committee was on behalf of the Legislature of 
Louisiana and not in behalf of said Committee;

NOW, THEREFORE, BE IT RESOLVED by the 
Legislature of Louisiana, the House of Representatives 
and the Senate concurring, that each and every action of 
the Legislative Committee created by House Concurrent 
Resolution No. 10 of the Extraordinary Session of 1960 
except the retention of Dr. James F. Redmond, as Super­
intendent of the Public School System of the Parish of 
Orleans, or in any other capacity, and except the retention 
of Samuel I. Rosenberg, attorney for the Orleans Parish 
School Board, which ceased to exist by virtue of Act 25 
of the Extraordinary Session of 1960, be and said actions 
are hereby ratified, confirmed, and adopted by the Legis­
lature of Louisiana, and said Legislature does hereby 
make each and every such action, with the exceptions



47

aforesaid, the action of the entire Legislature to the same 
extent as if  the whole Legislature had taken such action 
itself.

BE IT FURTHER RESOLVED, that each and 
every action taken by said Committee, as reflected by said 
minutes of said meetings, attached hereto, with the ex­
ceptions of the aforesaid, are now taken by the Legislature 
of Louisiana through this Resolution.

BE IT FURTHER RESOLVED, that the minutes 
of said Committee, attached hereto, be included in the 
Journal as a part of this Resolution.

BE IT FURTHER RESOLVED, that Dr. James F. 
Redmond and Samuel I. Rosenberg be, and they are hereby 
relieved of any and all duties in connection with the 
operation of the Public School System of the Parish of 
Orleans, and they are hereby discharged from their re­
spective employments as Superintendent and Attorney, 
respectively.

LEGISLATURE— SERGEANTS AT ARMS 

HOUSE CONCURRENT RESOLUTION NO. 19

BE IT RESOLVED by the Legislature of Louisi­
ana, the House of Representatives and the Senate con­
curring :
Section 1.

In order to implement and enforce Acts numbered 
2 and 17, and House Concurrent Resolution No. 10, all of 
the Extraordinary Session of 1960, the President of the 
Senate and the Speaker of the House of Representatives, 
be and they are hereby authorized, empowered and directed 
to appoint and employ as many assistant Sergeants at 
Arms as in their judgment may be necessary to carry out 
the provisions of said Acts and Resolution, and in the



48

best interest of the peace, morals, education, and good 
order of the people of the State of Louisiana.

Section 2.

In order to avoid disturbances of the peace and all 
forms of disorder and to expedite the orderly operation of 
the public school system of the State of Louisiana, all 
public schools in the State of Louisiana, without exception, 
shall observe the Holiday and said schools shall not be 
open or operated on Monday, November 14, 1960, and said 
assistant Sergeants at Arms shall repair to all public schools 
in the Parish of Orleans where intruders have ordered the 
unlawful transfer of pupils from one school to another 
school without such persons or pupils having secured cer­
tificate of transfer from the Legislature of Louisiana, 
which is now in complete control of the operation of said 
schools under the provisions of Acts numbered 2 and 17, 
and House Concurrent Resolution No. 10 of the Extra­
ordinary Session of the 1960 Legislature, and said assistant 
Sergeants at Arms shall prevent the opening and operation 
of said public schools on Monday, November 14, 1960, de­
clared and made a public Holiday throughout the State of 
Louisiana by this action of the Legislature.

REMOVAL OF SCHOOL BOARD MEMBERS 

HOUSE CONCURRENT RESOLUTION NO. 23

WHEREAS, the First Extraordinary Session of the 
Legislature of Louisiana for the year 1960, enacted Act 
No. 17, effective November 8, 1960, which withdrew, re­
claimed, suspended and reserved to the Legislature all 
powers, duties and functions previously vested by law 
in parish school boards in parishes having a population 
of over 300,000 and repealed all laws or parts of laws 
in conflict with said Act No. 17; and,



49

WHEREAS, the Legislature of Louisiana adopted 
House Concurrent Resolution No. 10 of the First Extra­
ordinary Session of the Legislature of Louisiana for the 
year 1960, which House Concurrent Resolution was finally 
adopted on November 8, 1960, and which had the effect 
of suspending all powers, duties and functions theretofore 
exercised by parish school boards in parishes having a 
population of more than 300,000; and,

WHEREAS, House Concurrent Resolution No. 17, 
adopted on November 13, 1960, expressly provided that 
said Resolution should in no way affect the suspension 
of such powers, duties and functions in such parishes 
provided by House Concurrent Resolution No. 10; and,

WHEREAS, from and after November 8, 1960, 
despite the action of the Legislature of Louisiana afore­
said, Lloyd J. Rittiner, Louis J. Riecke, Matthew R. 
Sutherland and Theodore H. Shepard, Jr., all residents 
of the Parish of Orleans, State of Louisiana, in diverse 
ways attempted to act and function as members of the 
School Board of Orleans Parish, Louisiana, which is a 
parish containing a population of more than 300,000, and 
have consequently usurped the powers, duties and func­
tions belonging to the Legislature of the State of Lou­
isiana in total disregard and in direct disobedience of 
the provisions of the aforesaid Act and House Concurrent 
Resolutions; and,

WHEREAS, said acts of the above named former 
members of the Orleans Parish School Board create a con­
dition adverse to the best interests of the people of the 
State of Louisiana and the Parish of Orleans,

NOW, THEREFORE, BE IT RESOLVED by the 
Legislature of Louisiana, two-thirds of the members



50

elected to each House concurring, that pursuant to Article 
IX, Section 3, of the Louisiana Constitution,

Lloyd J. Rittiner 
Louis J. Riecke 
Matthew R. Sutherland, and 
Theodore H. Shepard, Jr.,
former members of the Orleans 
Parish School Board,

be and they are hereby addressed out of and removed from 
their respective offices, effective from and after Novem­
ber 8, 1960.

ACTS OF 1960 SECOND EXTRA SESSION

SCHOOL BOARD OF THE PARISH OF ORLEANS

ACT 2

HOUSE BILL NO. 3

An Act to revive, amend and reenact Section 121 of 
Title 17 of the Louisiana Revised Statutes of 1950, 
which was repealed by Section 2 of Act No. 25 
of the first Extra Session of 1960, approved Nov­
ember 8, 1960, so as to create the School Board 
of the Parish of Orleans, provide for the interim 
appointment of its members and for the election 
of their successors at the congressional elections 
in the Parish of Orleans, to fix their terms, to 
prescribe the powers and authority of the School 
Board of the Parish of Orleans, to reserve certain 
powers to the Legislature relative to the public 
schools, the effect upon this Act of the suspension 
of R.S. 17:121 by House Concurrent Resolution 
No. 10, as amended by House Concurrent Resolu-



51

tion No. 17, of the first Extra Session of 1960,
and to repeal all laws or parts of law in conflict
with this act to the extent only of such conflict.

Be it enacted by the Legislature of Louisiana:

Section 1.

That Section 121 of Title 17 of the Louisiana Re­
vised Statutes of 1950, which was specifically repealed 
by Act No. 25 of the first Extra Session of 1960, ap­
proved November 8, 1960, and, also repealed, insofar as 
said R.S. 17:121 is in conflict therewith, by Act No. 17 
of the first Extra Session of 1960, approved November 
8, 1960, and which R.S. 17:121 was suspended by Section 
6 of House Concurrent Resolution No. 10 of the first 
Extra Session of 1960, as amended by House Concurrent 
Resolution No. 17 of said Extra Session, Section 6 of 
which latter resolution specifically preserved the suspen­
sion by said Section 6 of House Concurrent Resolution 
No. 10, be revived, amended and re-enacted, so as to read 
as follows:

Section 121

A. There is hereby created a school board for the 
Parish of Orleans, to be known and designated “ School 
Board of the Parish of Orleans”  to consist of five members, 
to be elected at large from the Parish of Orleans, at the 
congressional elections in the City of New Orleans in ac­
cordance with law. The members to serve in the interim 
from the time this act takes effect until the next congres­
sional election in the Parish of Orleans shall be appointed 
by the Governor, and thereafter their successors shall be 
elected as provided in the primary and general election 
laws for other parish school boards. The first members 
elected shall draw lots for two terms of two years, two 
terms of four years, and one term of six years, and their 
successors shall be elected for terms of six years.



52

The School Board o f the Parish of Orleans shall have 
power and authority to borrow, receive and disburse money. 
It may levy, collect and receive school taxes as now auth­
orized by the Constitution and laws of the State of Lou­
isiana. It shall deposit all funds received by it in a bank 
or banks approved as fiscal agents of the state.

B. The Legislature of Louisiana reserves to itself 
all powers vested in it by law, relative to the public schools 
of the Parish of Orleans, and particularly by Act No. 17 
and any other act or resolution passed at the first or second 
Extra Session of 1960, except as to the powers and auth­
ority herein specifically granted to School Board of the 
Parish of Orleans.

Section 2.

The suspension of laws by Act No. 17 of the first 
Extra Session of 1960 and the suspension of R.S. 17:51 
by House Concurrent Resolution No. 10 of the said Extra 
Session, as amended, only insofar as said suspensions 
are in conflict with this act, are hereby terminated.

ORLEANS PARISH SCHOOL BOARD 

HOUSE CONCURRENT RESOLUTION NO. 2

WHEREAS, the Legislature of Louisiana by Act 
No. 17 of the First Extraordinary Session of I960 did 
withdraw and reserve unto itself all administrative au­
thority formerly exercised by school boards in parishes 
having a population in excess of 300,000, and

WHEREAS, the Legislature of Louisiana by Act 
No. 18 of the First Extraordinary Session of 1960 did 
entrust financial matters affecting such school boards 
to a board of trustees, and



53

WHEREAS, the Parish of Orleans has a population 
in excess of 300,000 persons and so the Orleans Parish 
School Board falls within the scope of the legislative acts 
specified hereinabove, and

WHEREAS, the Legislature of Louisiana by House 
Concurrent Resolution No. 17 did constitute the entire 
body of the Legislature of Louisiana the administrative 
authority for the operation and administration of schools 
in parishes having a population in excess of 300,000, and

WHEREAS, the Legislature of Louisiana did, on the 
14th day of November, 1960, address from office, pur­
suant unto the Constitution of Louisiana, Matthew R. 
Sutherland, Theodore H. Shepard, Jr., Louis G. Riecke 
and Lloyd J. Rittiner, former members of the Orleans 
Parish School Board, and

WHEREAS, acting under guise of temporary re­
straining orders issued against the Legislature of Lou­
isiana by a judge of the United States District Court for 
the Eastern District of Louisiana, New Orleans division, 
which temporary restraining orders violate the constitu­
tion and laws of the U. S. and the Constitution and laws 
of the State of Louisiana and constitute a grave attack 
upon and insult to the sovereignty of the State of Lou­
isiana, the above named former members of the Orleans 
Parish School Board, acting in conjunction with Dr. James 
F. Redmond, formerly superintendent of schools of the 
Parish of Orleans, purport and pretend and exercise the 
administrative authority of the Orleans School Board, and

WHEREAS, the acts of the said former members 
and Dr. Redmond in their attempt to administrate the 
public school system of the Parish of Orleans are absolute­
ly illegal, null and void.

THEREFORE, BE IT RESOLVED by the House 
of Representatives of the Legislature of Louisiana, the



54

Senate thereof concurring, that all persons, firms and 
corporations in the State of Louisiana are hereby put 
on notice that the said Matthew R. Sutherland, Theodore 
H. Shepard, Jr., Louis G. Riecke, Lloyd J. Rittiner and 
Dr. James F. Redmond have no authority to act for the 
Orleans Parish School Board or the public schools of the 
Parish of Orleans and that any attempted acts by these 
individuals are illegal, null and void.

Be It Further Resolved that all banks, lending 
institutions, firms, corporations and individuals are here­
by put on notice that the above individuals have no auth­
ority whatsoever to receive or expend any money, funds, 
credits or assets of any nature whatsoever for or on behalf 
of the Orleans Parish School Board and that the State of 
Louisiana, through its proper officers, agent or political 
subdivision will hold fully responsibile any persons, firms 
or corporations who might receive, negotiate, endorse, 
honor, cash or handle any checks, cash, warrants, evidence 
of indebtedness or asset of any nature whatsoever from 
or through purported authority of Matthew R. Sutherland, 
Theodore H. Shepard, Jr., Louis G. Riecke, Lloyd J. Rit­
tiner, Jr., James F. Redmond or any of their agents, 
employees or representatives.

Be It Further Resolved that neither the State of 
Louisiana nor any of its political subdivisions, including 
the Orleans Parish School Board, will be liable or respon­
sible for any debts, loans, advances or credits granted at 
the request of or on the purported authority of any of 
the above named individuals or their agents, employees 
or representatives.

ORLEANS PARISH SCHOOL BOARD

HOUSE CONCURRENT RESOLUTION NO. 23
WHEREAS, by House Conurrent Resolution No. 

10 of the First Extraordinary Session of 1960, effective 
November 8, 1960, the Legislature of the State of Lou-



55

isiana suspended Sections 51 through 127 of Title 17 and 
Sections 570 and 571 of Title 18, of the 1950 Louisiana 
Revised Statutes, insofar as the creation, powers, duties, 
functions and existence of the School Board for the Parish 
of Orleans are concerned; and by Act No. 25 of the First 
Extraordinary Session of 1960, effective November 8, 
1960, further amended said Section 51 of said Title 17 
to provide that the Legislature shall make provision for 
the creation and election of a School Board for the Parish 
of Orleans, and repealed Section 121 of Title 17 of the 
1950 Louisiana Revised Statutes, relative to the existence 
of a School Board for said Parish; and by Act No. 19 
of the First Extraordinary Session of 1960, effective Nov­
ember 8, 1960, repealed Section 123 of Title 17 of the 1950 
Louisiana Revised Statutes, which provided that the Super­
intendent of Schools for the Parish of Orleans be Ex-officio 
the Treasurer of the Orleans Parish School Board; and,

WHEREAS, by House Concurrent Resolution No. 
2 of the Second Extraordinary Session of 1960, effective 
November 18, 1960, the Legislature withdrew and reserved 
unto itself all administrative authority formerly exercised 
by School Boards in parishes having a population in excess 
of 300,000, and by Act No. 18 of the First Extraordinary 
Session of 1960, effective November 8, 1960, the Louisiana 
Legislature entrusted the financial affairs of such School 
Boards, including the Orleans Parish School Board, to a 
Board of Trustees, appointed by the Legislature, and said 
House Concurrent Resolution No. 2 further put on notice 
all persons, firms and corporations, and particularly the 
banks in the State of Louisiana, that the former members 
of the Orleans Parish School Board and the former Super­
intendent thereof have no authority to act for or in the 
name of Orleans Parish School Board or to receive or ex­
pend any money, funds, credits or assets of any nature 
of said School Board, and that the State of Louisiana, 
through its proper officers, will hold fully responsible



56

such banks, persons, firms or corporations who might 
honor, cash or handle any checks, warrants or evidence 
of indebtedness from or through the purported authority 
of said former members or Superintendent of the Orleans 
Parish School Board, and that neither the State of Lou­
isiana nor the Orleans Parish School Board will be respon­
sible for any debts, loans, advances or credits granted on 
the request or purported authority of said former mem­
bers or Superintendent of the Orleans Parish School Board; 
and,

WHEREAS, by House Concurrent Resolution No.
17 of the First Extraordinary Session of 1960, effective 
November 13, 1960, it was provided that the Legislature 
of Louisiana assumes and shall have full control of the 
public school system in parishes containing 300,000 or more 
population, including said public school system in Orleans 
Parish, and through its designated representatives shall 
have full authority to draw warrants against all banks 
and depositories having funds on deposit to defray the cost 
of maintenance and operation of said public school system, 
with authority for the payment of school teachers and 
other personnel, costs of lunch programs and all other 
costs and expenses whatsoever, of maintaining and operat­
ing said school system; and,

WHEREAS, by House Concurrent Resolution No.
18 of the First Extraordinary Session of 1960, effective 
November 13, 1960, the actions and resolutions of the 
Legislative Committee authorized by House Concurrent 
Resolution No. 10 of the First Extraordinary Session of 
1960, as reflected by the minutes of said Committee’s 
meetings, were approved and adopted by the Legislature, 
except with respect to the retention of the Superintendent 
and Attorney for the Orleans Parish School Board, and 
said Superintendent and Attorney were discharged from 
their respective employments.



57

NOW, THEREFORE, BE IT RESOLVED by the 
Legislature of Louisiana, the House of Representatives 
and the Senate concurring, that the appointment of Harold 
T. Porter, Earl O’Neal and Walter R. Latapie, to make 
deposits and draw checks or warrants for the -withdrawal 
of funds on deposit to the credit of the Orleans Parish 
School Board or the Louisiana Legislature School Account 
No. 1, be and the same is hereby set aside and terminated.

BE IT FURTHER RESOLVED that in compli­
ance with House Concurrent Resolution No. 17 of the 
First Extraordinary Session of 1960, all banks or other 
depositories having custody of any funds credited to or 
standing in the name or account of the Orleans Parish 
School Board for the maintenance and operation of schools 
or school systems, shall transfer said funds to the Legis­
lature of Louisiana in the account under the name of 
“ Louisiana Legislature School Account No. 1”  and that 
no funds shall be drawn from said account except upon 
checks or warrants drawn against said account and signed 
by two representatives of the Louisiana Legislature, to 
be designated by its Concurrent Resolution, and a certi­
fied copy thereof with the signatures of said representa­
tives served upon and furnished to said banks and de­
positories, and that said banks and depositories shall at 
all times be protected in recognizing as such agents the 
persons to be named in said Concurrent Resolution.

BE IT FURTHER RESOLVED that the Whitney 
National Bank of New Orleans, Hibernia National Bank 
in New Orleans, National Bank of Commerce in New 
Orleans, National American Bank of New Orleans, and 
Bank of New Orleans, formerly Progressive Bank and 
Trust Company, and all other depositories having funds 
on deposit to the credit of the Orleans Parish School Board 
or Louisiana Legislature School Account No. 1, be furnish­
ed with a certified copy of this resolution as special notice



58

to said banks and depositories of the provisions hereof, 
and all other Acts and resolutions of the Legislature of 
Louisiana above referred to.

ORLEANS PARISH SCHOOL BOARD— DEPOSITS 

HOUSE CONCURRENT RESOLUTION NO. 28

WHEREAS, sums of money in excess of Seven 
Hundred Thousand and no/100 Dollars ($700,000.00) are 
presently illegally on deposit in certain banks in the City 
of New Orleans, Louisiana, to the account of the now 
defunct Orleans Parish School Board; and,

WHEREAS, the now defunct Orleans Parish School 
Board has assumed authority to institute legal proceed­
ings against said Banks seeking to compel recognition 
of the validity of certain orders of payment issued by said 
defunct Board against said accounts for the purpose of 
forcing payment of such orders; and,

WHEREAS, the release of subject sums would be 
detrimental to the best interest of the public school system 
of the Parish of Orleans, and would be in violation and dis­
regard of Acts and Resolutions previously adopted by the 
Legislature of the State of Louisiana; and,

WHEREAS, said now defunct School Board has 
instituted its illegal proceedings in a Federal Court which 
has no authority whatsoever over State funds belonging 
to the Legislature of the State of Louisiana dedicated for 
the purpose of discharging financial obligations incurred 
in the operation of the Orleans Parish School system; and,

WHEREAS, this Legislature fully recognizes its 
obligation to provide payment of all sums which in its 
judgment are properly due the former employees and legiti­
mate creditors of the now defunct Orleans Parish School 
Board, and in order to discharge such obligation, must 
have the aforementioned deposited sums; and,



59

WHEREAS, the release of such funds to any party 
other than the State of Louisiana would be inimical to com­
pliance with or satisfaction of such obligation; and,

WHEREAS, for the reasons assigned, any payment 
made by any Bank for the purpose of honoring any checks 
heretofore or hereafter issued for any purpose by the said 
now defunct School Board, orders of the Federal Court 
now or hereafter to be rendered notwithstanding, would 
be in violation, derogation and disregard of the oft stated 
policy and the direct order of the Legislature of the State 
of Louisiana, and would constitute serious injury, damage 
and monetary loss to the State of Louisiana;

NOW, THEREFORE, BE IT RESOLVED, by the 
Legislature of Louisiana, the House of Representatives and 
the Senate concurring, that any and all banks in the City 
of New Orleans, Louisiana, in which funds are on deposit 
to the account of the now defunct Orleans Parish School 
Board, be and said bank or banks are hereby directed to 
refuse and deny payment of all checks and other orders of 
payment heretofore or hereafter issued by said now defunct 
Orleans Parish School Board, any order of any Federal 
Court to the contrary notwithstanding.

BE IT FURTHER RESOLVED, that any and all 
such banks are hereby warned and further notified that 
the Legislature of Louisiana will hold them to a strict 
accounting and will demand full and immediate indemnifi­
cation in even of any violation, disregard or failure of com­
pliance with this Resolution.



Respectfully submitted,

W. Scott Wilkinson 
P. 0. Box 1707 
Shreveport, Louisiana

Thompson L. Clarke 
St. Joseph, Louisiana

Gibson Tucker, Jr.
Pere Marquette Building 
New Orleans, Louisiana

Russell J. Schonekas 
Pere Marquette Building 
New Orleans, Louisiana

Attorneys for Defendants-Appellants, 
The Legislature of Louisiana, et al.



61

C E R T I F I C A T E

I, W. Scott Wilkinson, one of the attorneys for 
Defendants-Appellants herein, and a member of the 
Supreme Court of the United States, do hereby certify 
that on the 28th day of January, 1961, I served copies 
of the foregoing Appendix D to Jurisdictional Statement 
on all parties in this cause, by mailing a copy in a duly 
addressed envelope, with postage paid to counsel of record 
for said parties.

This 28th day of January, 1961.

Of Counsel for Defendants-Appellants