Objections to the Plan of Integration of Noxubee County School District Motion for Approval

    IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI 

UNITED STATES OF AMERICA, ET AL 

APPELLANT 

VS. 

NOXUBEE COUNTY SCHOOL DISTRICT, ET AL NOS. 28030 & 28042 

No. 1372 
WILLIAM BRADLEY, ET AL., INTERVENERS 

OBJECTIONS TO THE PLAN 

OF INTEGRATION OF NOXUBEE COUNTY 

SCHOOL, DISTRICT, NOXUBEE COUNTY, MISSISS1PPI, 

MOTION FOR APPROVAL 

COME now William Bradley, John Bankhead, Edmond Rogers, 

Leon Tate, Eddie Rice, Arlegus Tate, Hoover Oliver, William 

Dent and Willie Lester Cole, all black phvonts of school 

children of Noxubee County, Mississippl, interveners herein, 

by their undersigned attorney, and pursuant to the order of 

the United States Court of Appeals for the Fifth Circuit, issued 

March 20, 1970, and entered on March 23, 1970, permitting them 

to inistvens as their interest may thereafter appear and expres- 

sively authorizing them to submit an Alternative School Desegre- 

gation Plan, representing themselves and all other parents and 

children similarly situated in said suit, and bring this their 

objections to the Plan of Integration of Noxubee County 

School District, Noxubee County, Mississippi, and motion for 

approval thereof, and as cause therefor would show unto this 

Honorable Court the following, to-wit: 

(1) 

Interveners herein allege that the Bi-Racial Committee 

shown by affidavit attached to said Plan of Integration and motion, 

now before this Honorable Court, does not consist of any leaders 

wy 

 



® » 

of the Negro Community of Noxubee County, Mississippi, as is 

  

alleged in said affidavit and are not representative of the 

black or Negro citizens of Noxubee County, Mississippi; and does 

not represent a cross-section of the black or Negro citizens 

of Noxubee County, Mississippi. 

That these self styled leaders of the Negro or black com- 

munity of Noxubee County, Mississippi, who have sworn to be such, 

are not in fact the leaders of Noxubee County, Mississippi, is in- 

dicative by the fact that on December 1llth, 1969, Bennie Sanders 

and Reverend W. M. Harper, two of the three persons who have 

" sworn to be the leaders of the Negro Community of Noxubee County, 

Mississippi, in their affidavit of December 11, 199, have again 

sworn that they are the leaders of the Negro Community in their 

affidavit. .of July 11, 1970, vhen in fact, after the United Stats 

Court of Appeals, forthe Fifth Circuit in its Order of Decewber 30, 

1969, reluctantly approved the use of the plan then before it be- 

yond the 1969-70 school term. The black or Negro parents, with 

the exception of very few, refused to send their children to the 

schools of Noxubee County, Mississippi, for the remainder of the 

1969-70 school term following said "reluctant" approval by the 

United States Court of Appeals for the Fifth Circuit. 

In the United States Fifth Circuit Court of Appeal's Order 

of "reluctant" approval, the court implied that because the pro- 

posed plan then before it had the approval of a Bi-Racial committee, 

that it would go along with it, but certainly not beyond the re- 

mainder of the 1969-70 school Ler. In absence to any showing 

of record to the contrary, the Fifth Circuit Court of Appeals could 

only presume then that the blacks or Negroes were the leaders and 

representatives of the Negro community of Noxubee County, Mississippi. 

Even upon that assumption the Fifth Circuit was reluctant to 

approve the plan then before it beyond the 1969-70 school year. 

“De 

 



  

Interveners herein would show that the black or Negro committee 

which formulated an Alternative School Plan, now on file and before 

this court, is composed of the leaders of the black or Negro Community 

of Noxubee County, Mississippip that among them are officials and 

leaders of the Noxubee County Branch of the National Association for 

the Advancement of Colored People, the Noxubee County Voters Leauge 

and The Noxubee County Committee of Concern. 

Interveners would further show that said black or Negro 

committee lead the masses of the Negro parents of school Shi vazen of 

Noxubee County, Mississippi, in their effort to obtain suitable and 

satisfactory school integration for the remainder of the 1969-70 

school term, and the masses of other citizens of Noxubee County; 

Mississippi. Interveners would show ynto this Honorable Court that 

the Noxubee County School District, et al are now, and have been for 

a long duration prior to submitting their motion to Intervene and be - 

fore taking initial action herein were aware that they were the 

leaders of the black or Negro community, or after diligent inquiry 

could have known same. 

Interveners would further show that notwithstaniing same, that 

the Noxubee County School District et al ignored them, and upon 

nrerratics and belief, dealt with other Negroes appointed by the 

Noxubee County School District Board,upon recommendation of the 

Super intendome, all without notice to the black community, to serve 

upon a Bi=-Racial Committee or accepted other black or Negro persons 

upon the committee who they knew were not leaders or representatives 

of the black or Negro community of Noxubee County, Mississippi, or 

with reasonable diligence could have known that said persons of the 

black ar Negro community were not leaders. Interveners would show 

that the black or Negro committee that formulated and filed the 

Alternative School Desegregation Plan consists of same who are them- 

selves parents of children of the Noxubee County Schools, while on 

information and belief, none of the black or Negro members of the 

Bi-Racial committee are parents of children of the Noxubee County Schools. 

4 — 

/ 

 



Petitioners would show that prior to filing their motion to 

  

intervene, that one or more members of said black or Negro 

committee sought to reach some settlement with the Superin- 

tendant and/or the officials of the Noxubee County School 

District pursuant the disatisfaction of parents of children of 

the Noxubee County Schools; but notwithstanding, same was to no 

avail. pos 

Interveners would further show that subsequent to having 

intervened in this cause that one or more members of said black 

or Negro committee sought to serve with the Noxubee School 

District and others in formulating the current plan now before 

this court but notwithstanding same this effort failed and they 

were ignored. Interveners would show that same was done by one 

or more of the black or Negro committee with the idea of in- 

terveners withdrawing their Alternative School Plan now before 

this Honorable Court. Interveners say that because of the 

failure of the Noxubee County School District et al to hear the 

black or Negro committee's grounds for dissatisfaction, that 

interveners had no alternative lut to bring the objections 

herein. Interveners further state that had these grounds for 

objectibn been shown in the pleadings and the record in the 

previous hearing, they believe that this court's ruling may 

have been different relative to the plan then under consideration. 

But as pointed out before the Fifth Circuit by the Interveners 

herein, a court can only act upon what the pleading and the record 

reflect. . 

Interveners would further show that said black or Negro 

committee, in formulating the Alternative School Plan, sub- 

mitted for this Honorable Court's approval, relied upon certain 

statistical information furnished by the office of the Superin- 

tendant and/or the Noxubee County School District and upon con-= 

sultation with certain persons, one or more who are now or have 

been engaged in the educational field in the Noxubee County School 

the educational field and have know- 
District, who are trained 1n 

 



  

ledge of the facilities and function of the Noxubee County School; 

and that they aided in the formulating of said plan. 

(2) 

Upon information and belief, item (A) of the plan currently 

before this Honorable Court, making B. F. Liddell High School 

and Wonulies County High School constitute one high school con=- 

sisting of grades nine through twelve to be know as Noxubee 

County High School, the Twelfth Grade Government and Agri- 

culture I shall only be offered in the former Noxubee County 

High School, which consists predominatly of white students. On 

information and belief these subjects are required courses. Ninth 

Grade Mississippi History, Ninth Grade Civics, Physical Science, 

Secretarial Procedure, Vocational Agriculture II, and Vocational 

Agriculture III will only be offered at the former B. F. Liddell 

Riri 
School, which consists predominantly of wirite students. On in=- 

formation and belief these subjects are elective courses. If this 

is true then the black or Negro students will be forced to attend 

the former Noxubee County High School in order to obtain these 

required courses which are necessary for graduation, while the 

students of the predominantly white school may obtain said 

required courses without leaving former Noxubee County High School. 

Upon information and belief, black or Negro students, taking 

these required courses, shall be bussed, along with their teachers, 

to the former Noxubee County High School. That upon information 

and belief, under the provisions of this plan, the students in 

areas at the predominantly white Noxubee County School could 

remain at the former Noxubee County High School by avoiding 

the electives offered at Liddell High School, a former Negro 

school and registering in these required courses which shall 

only be offered at the former Noxubee County High School. 

bv 

 



  

(3) 

Interveners further state, upon information and belief, that 

items (B), (C) and (D) of the current plan of integration will 

provide such that will result in substantially the same cir- 

cumstances and conditions as those referred to in Item (2) 

hereinabove, in that said plan, under Item (B) the former 

Brookville Attendance Center is predominately a white school 

and the former Wilson Attendance Center is predominately a Negro 

School; under Item (C) the former Macon Elementary Attendance 

Center is predominately a white School and former B.I. Liddell 

Elementary Attendance Center is predominately a Negro School; 

and under Item (D) the former Shuqualak Attendance Center is 

predominately a white school and Reed Attendance Center is pre- 

dominately a Negro School. 

(4) 

Item (A) of the current plan states that no less than 

200 Negro students now in attendance at the former B. F. Liddell 

‘High School will be assigned to the former Noxubee County High 

School. It further states under Item (B) that no less than 

98 Negrb students now in attendance at the former Wilson 

Attendance Center shall be assigned to the former Brooksville 

Attendance Center. It 1s not apparent to interveners that 

any white students will be assigned to the former Wilson 

Attendance Center, a predominately Negro School, therefore, 

if what is apparent to interveners is correct, the only 

white students, if any, who will attend the former Wilson 

Elementary Attendance Center will be only those white students 

taking subjects only offered in the former Wilson Attendance 

Center. Likewise, under Item (A) of the current plan only those 

white students, if any, taking subjects only offered in the 

former B. F. Liddell High School, will attend the former B. Fe. 

Liddell High School. 

Under Item (C) of said plan, no less than 180 students now 
—y 

 



  

in attendance at & former B.F. Liddell retary Attendance 

Center, a predominately Negro school, will attend the former 

Macon Elementary Attendance Center, apredominately white 

school. Therefore, the 180 students to attend the Macon 

Elementary Attendance Center, on information and belief, will 

be largely, if not all, black or Negro students, while the only 

white students, if any, who will attend the former B.F. Liddell 

Elementary Attendance Center, will be ghose white students taking 

subjects only offered at ihe former B. F. Liddell Attendance 

Center. 

Items (D) of said plan states that no less than 80 Negro 

students shall be assigned from the Reed Attendance Center to 

the former Shugqualak Attendance Center. It is therefore further 

apparent that the only white students, if any, that will 

attend the former Reed Attendance center, will be those white 

students taking subjects only offered at the former Reed Attendance 

Center. In that the said plan is silent as to any white students 

that will be assigned to former predoninately Negro Schools, 

interveners construe said plan as one that provides for the assignment 

of a very few, if any, white students to former predominately Negro 

Schools. 

(5) 

Interveners would further show, upon information and belief, 

that although said plan is silent as to bussing, that all students, 

black and white, who are taking subjects only offered in schools 

other than in those which they are assigned, will be bussed, along 

with certain of their teachers to the schools where they are taking 

subjects only offered therein other than in the schools where 

they are assigned. Interveners would show that if same is shown, 

that if students, black and white, are bussed from one school to 

another where certain only subjects are provided and subsequently 

bussed back to the school where they are ausigned, that such 

would work an undue burden and hardship upon the students and 

teachers alike, black and white. 

In support of same, interveners would show that such bussing 

to and from school to school would onstitute a loss of time and 

frill 1g i | 1 zation Of . : ~ Cs |S . > rvs . PEE +. (¢ YC { 
nt, i 1 Maly ins tanc« wp Yes k 

  

their class perioas,



  

® » 

all which would in part defeat their efforts to obtain 

and prevent, in many instances, the full utilization of their 

class periods, all which would in part defeat their efforts to 

obtain a full education, as well as other disadvantages which 

they would no doubt suffer. 

(6) 

Upon information and belief, interveners would show that 

although the plan is silent to the effect, that in one or more 

areas of the Noxubee County School District, that two or more 

buses are to be provided to travel substantially the same route 

in transporting students to and from their respective schools; 

and that same is done for the purpose of segregating black and 

white students on buses, with few or no Negroes, on busses 

transporting white students and with few or no whites on busses 

transporting Negro students. 

Interveners, on information and belief, would show that 

such practice of bussing, along with the bussing of students 

in the manner aforementioned, would create excessive expense and 

undue financial burden upon the citizens of Noxubee County, Mississippi, 

both black and white. 

) (7) 

In item {B) of said plan "Rrooksville Attendance Center 

and Wilson Attendance Center shall become one attendance center 

known as Brooksville Attendance Center, and shall encompass grades 

one through eight. History, Geography, and Civics in Grades six 

and seven will only be offered at the former Brooksville Attendance 

Center, and all students at the former Wilson Attendance Center 

in Grades six and seven taking said subjects shall attend the 

former Brooksville Attendance Center for said classes. Like~- 

wise English and Spelling in Grades Five and eight will only be 

offered at the Wilson At tordeics Center, and all students at the 

former Brooksville Attendance Center taking English and Spelling 

in Grades five and eight shall attend the 

lv 

 



  

former Wilson Attendance Center for the said classes.” 

There is no mention therein as to the disposition of 

grades one through four. Interveners only assume, therefore, that 

grades one through four will remain at former Brooksville Attendance 

Sonal and former Wilson Attendance Center, respectively, and 

that there will be no further integration of Grades one through 

four with respect to these C0 EThoLe. 

Likewise, in Item (B), there is no mention of Grades one 

through four at the former Brooksville Attendance Center and 

the former Wilson Attendance Center, ander the proposal of the 

Noxubee County School District et al, nor is there any mention 

of Grades one through four at the proposed attendance center to 

be known as Brooksville Attendance Center. Therefore, inter- 

veners only assume that grades one through four shall remailn 

at former Brooksville Attendance Center and former Wilson 

Attendance Center, respectively, and there will be no further 

integration of the races with respect to these two schools, 

That same apparently holds true as to Grades one through 

four in the former schools named in Item (C) and (D) of 

said plan, and that there will be no further integration of 

Grades one through four with respect to the former schools 

named therein. 

(8) 

As to Item VI of said plan, interveners would show that 

if this court grants defendants' request to close Brooksville 

Attendance Center, Noxubee County High School, Macon Elementary 

Attendance Center and Shuqualak Elementary Attendance Center 

in event less. than 85 per cent of the This setudents fail or 

refuse to attend the schools of defendants’ district, then the 

court shoud further order the defendants to submit a plan for in- 

tegration of the 14 per cent or less white students into Wilson 

Attendance Center, B. Fe. Liddell High School, Liddell Elementary 

i 

 



  

Center and Reed Attendance Center. 

Likewise if less than 14 percent of the Negro students fail 

or refuse to attend the schools of defendants' district, then the 

court should further order defendants to submit a plan for 

integration of the 14 per cent or less Negro students into Brooks~- 

ville Attendance Center, Noxubee County High School, Macon 

Elementary Attendance Center and Shuqualak Elementary Attendance 

Center. 

If any or all of the student should fail or refuse to 

attend the schools of defendants' district, the schools 

thereof should remain available for them to attend at anytime 

reasonably conveninet for the students and the defendants, 

and that the entire faculty, staff and facilities remain 

available for same. 

WHEREFORE, premises considered, Interveners pray that 

upon hearing, that defendants/ motion for approval of Integration 

of Noxubee County School District, Noxubee County, Mississippi, 

of the current plan now before this court be denied in its pre- 

sent form, and further pray that the plan and motion for approval 

of same, submitted by Therion be dranted, or in the alter—~ 

that this Honorable Court make such other orders which it deems 

meet and proper in the premises for the best interest of all 

parties herein, as made and provided for by the United States 

Constitution. 

Respectfully Submitted, 
Ry 

  

  

     

    

J. Farish Street 
gon, Mississippi 39201 

Attorney for Interveners 

iy fy 8 

 



  

GERTIFICATE OF SERVICE 
  

I, R. Jess Brown, Attorney of record for Willaim Bradley 

et al., Interveners, do hereby certify that I have this day 

served by United States Yall, postage prepaid, a true and correct 

copy of the foregoing objections to the Plan of Integration of 

Noxubee County School District and Motion for Approval Thereof, 

to the following: 

Honorable Dan M. Russell Jr., Judge 

United States District Court for 
the Southern District of Mississippi 

Federal Building, p. O. Box 1930 

Gulfport, Mississippi 39501 

Honorable A. F. Summer 

Attorney General of Mississippi 

New Capitol Building 

Jackson, Mississippi 39205 

Honorable Jerris Leonard 

Assistant Attorney General 

Civil Rights Division 

United States Department of Justice 

Washington, D. C. 20530 

Honorable Ben Krage, Attorney 

Civil Rights Division 

} United States Department of Justice 

906 Milner Building 

Jackson, Mississippi 39201 

Honorable Melvyn R. Leventhal, Attorney 

Honoralkle Reuben Anderson, Attorney 

Honorable Fred L. Banks, Jr., Attorney 

538% North Farish Street 

Jackson, Mississippi 32202 

Honorable Jack Greenberg, Attorney 

Honorable Norman J. Chackhin, Attorney 

Honorable Melvyn Zarr, Attorney 
Suite 2030, 10 Columbus Circle 

New York, New York 10019 
£D Voss «2 

WITNESS MY SIGNATURE, this the £m{ 4 day of July, 1970. 

i i 
{ og HE ' 45D 

4 &. iF 

H J / 2, 4 D0, om A ee 

* £4 J £ pio Ete J ARGH #8 AA 

  

VY iF WW O§ ah Aa 
Fre Agree 3 rma an 

“E51 lal NTA 
gy KR. fU01LSS BROWN 

ng 
4 d nei ; 

i Atfforney-at-Law 

J 175% North Farish Street 

Jackson, Mississippi 39201