Memorandum on Eilers v. Eilers Anderson Case
Press Release
March 24, 1966
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Press Releases, Volume 3. Memorandum on Eilers v. Eilers Anderson Case, 1966. d3674dde-b692-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/c1fb477a-1681-40d8-acec-51290c47f1af/memorandum-on-eilers-v-eilers-anderson-case. Accessed December 04, 2025.
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10 Columbus Circle
New York, N.Y. 10019
JUdson 6-8397
Legal Defense and Educational Fund
PRESS RELEASE
President
lation. Beancis 1a Rivers
Director-Counsel
Jack Greenberg FOR RELEASE
Thursday, March 24 1966
MEMORANDUM
TO: WORKING PRESS
FROM: Jesse DeVore, Jr., Director, Public Information
RE: "Five Potato, Ten Potato"
FORMER WHITE MATE RESENTS NEW NEGRO
HUSBAND: DEMANDS CHILDREN'S CUSTODY
LOUISVILLE, KY.---A hearing to determine the future of five white
children, their mother and her new Negro husband will be held in
U, S. Federal District Court here Friday, March 25 at 9:30 A, M.
Mrs. Francis Eilers Anderson wants her children returned to
her new home. All five youngsters are presently being cared for
in homes provided by the court pending outcome of the hearing.
NAACP Legal Defense Fund Attorney Leroy D, Clark of the Fund's
national headquarters will join local attorney James Crumlin on
behalf of the mother.
Mrs. Anderson divorced George Eilers in June of 1963 on
grounds that he was "unfit to act as father and husband." She
gained custody of the children.
She subsequently married Marshall Anderson, a Negro, in
Illinois in January of 1964 amd moved to a predominantly Negro
neighborhood in Louisville.
The following month, Mr, Eilers petitioned the local circuit
court for custodysef the children on the sole ground that the new
g husband was a Negro.
Kentucky law declares marriage between a white and a Negro
illegal and void.
Circuit Judge Lyndon B, Schmid ordered the children removed
from their mother and issued an order saying "rearing these
children in a racially mixed atmosphere will per se indoctrinate
them with a psychology of inferiority."
Attorney Crumlin, questioned a letter sent in January of
1965 by Judge Schmid, which stated:
"Since the divorce, the mother has married out of her race and
the court feels the best interests of the children require that
they be reared in a home other than the one maintained by the
mother and her new husband."
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EDITOR'S NOTE: Attorney Clark may be reached during the day at
Area Code 502, JU 5-2374 and at 772-7994 during the evening.
He represents the * NAACP Legal Defense Fund" which is a separate
organization from the NAACP itself,
Jesse DeVore, Jr., Director of Public Information—Night Number 212 Riverside 9-8487 So