Motion and Certificate of Service of Lincoln County School District et al.

    IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

  

NOS, 28030 & 28042 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve 

LINCOLN COUNTY SCHOOL DISTRICT ET AL., 
Defendants~Appellees, 

CERTIFICATE OF SERVICE AS TO MOTION OF 
LINCOLN COUNTY SCHOOL DISTRICT ET AL. 
  

The undersigned certifies that as to the Motion of Lincoln County School 

District et al, certified by the undersigned as having been served on 

Honorable Robert E, Hauberg 
United States Attorney 

Honorable Brian Landsburg, Attorney 
Civil Rights Division 
Us. Ss Department of Justice 

Honorable Ben Krage 

cn November 26, 1969, the undersigned has served a copy of said motion on the fol- 

lowing named attorneys by depositing same, postage prepaid, in the United States 

mail addressed as follows: 

Honorable Melvyn Zarr 
Moroney for NAACP legal Defense 

& Educational Fund, Inc. 
10 Columbus Circle 
New York, New York 10018 

Honorable Melvyn R, Leventhal 
Messrs, Anderson & Banks, Attorneys 
538 1/2 North Farish Street 
Jackson, Mississippi 39202 

on December 1, 1969, ig      
  SWAT pn 77 
Attorney for Defendants-Appellees, 

 



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IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

NOS, 28030 & 28042 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

Ve 

LINCOLN COUNTY SCHOOL DISTRICT ET AL., 
Defendants-Appellees., 

MOTION OF LINCOLN COUNTY SCHOOL DISTRICT ET AL. 
  

Came’ now the Lincoln County School District, the County Superintendent of 

Education of Lincoln County, Mississippi, and the members of the County Board of 

Education of Lincoln County, Mississippi, Defendants-Appellees in the above styled 

and numbered cause, who are hereinafter referred to as the Movents and respectfully 

show unto the Court the following, to-wit: 

1, In their efforts to comply with the Court's order of November 7, 1869, 

the Movents have been and are confronted with the following obstacles, . ameng others, 

with which they have no ability to cope: 

(a) Funds available and in prospect throughout the remainder of the 

current fisesl year for the payment of the costs of the minimum physical 

changes in the school plants necessary to implement the plan ordered to be 

placed in effect by December 31, 1969, are not more than $59,083,00, The 

estimated minimum cost of making such minimum physical changes is $119,200,00, 

A memorandum containing details of funds available and needed is attached, 

marked Exhibit "A" and hereby made a part hereof by reference. 

(b) Agriculture, laboratory,shop, home economic and commercial courses 

will have to be eliminated or sharply curtailed for the reasons set forth 

cn the memorandum annexed hereto, marked Exhibit "B" and hereby incorporated 

herein by reference, | 

(¢) The transportation of students involved in the implementation of 

the plan as ordered by the Court will result in the difficulties noted in 

the memorandum attached hereto, marked Exhibit "C" and hereby incorporated 

herein by reference. 

  

 



  

2, The Movents have developed and propose modification of that part of 

the plan ordered to be implemented and put into effect by December 31, 1969, which 

relates to student assignment within the school district which, if authorized by 

this Court, will result substantially in the following: 

(a) The desegregation of all schools in the district to the extent 

that the white student-Negro student ratio at each school will be approxi- 

mately the same as the white student-Negro student population ratio in 

the district; 

(b) The costs of the necessary physcial changes in the school plants 

will be approximately $7500,00, being well within the financial means of 

the district to accomplish, as against at least $119,200,00; | 

(¢) There will be no elimination or curtailment of agriculture, 

laboratory, shop, home economic or commercial courses; 

(d) Transportation can be provided more efficiently and effectively 

and at less or at least no greater cost. 

The modification which these Movents have developed and hereby propese is set forth 

in detail in the suggested form of order on this motion which is annexed hereto, 

marked Exhibit "D" and hereby incorporated herein by reference. As Exhibit "E" hereto, 

the same being annexed and hereby incorporated herein by reference, there is submitted 

a map of Lincoln County on which there is illustrated the sites of the school buildings 

of the district and the proposed boundaries of the attendance zones described in detail 

in Exhibit "D" hereto. | 
3. As of November 20, 1969, student attendance in the district was as indi- 

cated on the sheets annexed hereto, marked Exhibit "F", and hereby incorporated herein 

by reference. As of said date 

total Negro students enrolled in the district Was ececeseesses 9365 

total white students enrolled in the district Was eeeecceeses 1557 
  

total students of all races in the district Was  seeecoeeees 2522 

with Negro students comprising 38.26% of the total student enrollment and white students 

comprising 61,74% thereof, Implementation of the modified student assignment plan as 

proposed by the Movents will result in whi te-Negro student assignment, expressed in 
[4 

numbers and percentages as follows: 

py 

 



  

  

  

Students... = "Staff 
Attendance Center "White™  Neoro ‘White Negro 

Bogue Chitto 632 (67.3%) 307 (32.7%) 28 

Enterprise 311 (65.47%) 164 (34.53%) 14 7 

Loyd Star 437 (61.29%) 276 (38.71%) 9 a3 

West Lincoln 301 (62.06%) 184 (37.34%) 14 7 

4. On November 25, 1969, the modified student assignment plan hereby pro- 

posed by the Movents was submitted orally and discussed with representatives of the 

Justice Department and Department of Health, Education and Welfare at the offices of 

the Justice Department in the Milner Building in Jacksen, Mississippi. These Movents 

understood that this proposed modification would be considered and as soon as possible 

the reaction of the Justice Department would be made known to the Court and to these 

Movents., 

WHEREFORE, PREMISES CONSIDERED, these Movents respectfully move the Court 
to modify the order of this Court rendered on November 74 1969, as to the Lincoln 

County School District by amending Section II (being pages 2 through 9 of) of Appendix 

21 to this Court's order rendered in the above styled and numbered cause on November 

74 1963, being the HEW Plan filed on August 11, 1969, entitled "A Desegregation Plan 

for the Lincoln County School System" as set forth in the proposed form of order 

annexed hereto and marked Exhibit "D", 

Respectfully submitted, 

   
   

LINCOLN CoQ Sai DISTRICT ET AL. , 
7 ( fmm . 

. w. HOBBS, 7) 
Attorney at Law 
P. O, Box 356 
Brockhaven, Mississippi oz 

  

-Jem 

 



  

‘CERTIFICATE OF SERVICE 
  

I, He W. Hobbs, Jr., hereby certify that I have served a copy of the 

foregoing Motion of Lincoln County School District et al on the following named 

attorneys by depositing same, postage prepaid, in the United States mail addressed 

as follows: 

Honorable Robert E, Hauberg 
United States Attorney 
Post Office Box 2091 
Jackson, Mississippi 39205 

Honorable Brian Landsburg, Attorney 
Civil Rights Division 
U. S, Department of Justice 
Washington D, C. 20530 

Honorable Ben Krage 
960 Milner Building 
Jackson, Mississippi 

This, the 2 6 day of Joyerhety : 1969, a 

v 

  

Br 

  a i Hobbs Jr, an 
Attormey for ER 

 



  

Local income, all sources, 
  

  

  

  

(16th Section, District Maintenance) -$194,418.00 

Budgeted for instruction =——————e- $110,300.00 

Tuition (for out of 
County Attendance————-—- 6,560.00 

Social Security & Retirement-—-——-- 18,475.00 

TOTAL BUDGETED AND DUE ee a $135,335.00 

REMAINING FUNDS FOR MAINTENANCE AND EMERGENCIES --- $59,083.00 

The estimated cost of conversion of Eva H. Harris for a senior high 

school to include all high school pupils is as follows: 

Moving shop equipmente———-—————m—- $6,000.00 

Conversion of additional 
space for additional shop space $18,000.00 

Conversion of elementary wing 
-for high school use and 
moving furniture--———-——————- $4,000.00 

Conversion of additional space 
for library—-—————————————— $2,200.00   

Conversion of additional space 
and moving Home Economics 

equipment- RE — $11,000.00   

Removal of elementary supplies 
and equipment from Eva Harris 
to other centers $8,000.00   

  

  TOTAL minimum amount for HEW PLAN -$119,200.00 

 



  

) — . - - - - 

ACADEMIC PROBLEMS 
  

The following subjects are a part of the school curriculum at 

each of the high school attendance centers now in operation; 

Home Economics, Typing, Agriculture, Chemistry, Biology. 

Classroom facilities at Eva Harris are not sufficient anid can not 

be made sufficient to accommodate students in the number in which 

they would be attending if Eva Harris were designated as the only 

central high school. 

There is no possible way to reconstruct laboratory, shop facilities, 

or home economic facilities in order to accommodate the nubers 

of students in these subjects. . Eva Harris School is built on a 

concrete slab and it is impossible to establish drains, laboratory 

stations, electrical outlets and so forth in order to accommodate 

these laboratories. The numbers of students in subject areas in 

which difficulties of scheduling arise are as follows: 

Typing —===—=——- 113 students 
Home Economics 161 students 
Chemistry 110 students 
Biology 227 students. 

We have student stations for only the following number at the 

Eva Harris School: 

Typing ——===—- 10 electrical outlets 
& 30 electric typewriters 

Chemistry———m——- 30 student laboratory stations 
Biology====——- 30 student laboratory stations 

(These are the same lab stations, 
and classes in both subjects must 
go on at the same time. There are 
38 other student classroom seats 
adjacent to the laboratory but no 
lab stations exist. 

There are 96 library stations at Eva Harris. In Home Economics 

there are only 10 sewing stations. In Agriculture and Home 

Economics there are presently five high school attendance centers 

with shop facilities and laboratories for pupil use. 

There is simply no other room available nor can it be made 

available at Eva Harris School to accommodate the type of subject 

in the field of agriculture and vocationsl shop, particularly, 

and we would have no alternative but to discontinue the subject 

for all but approximately one-half the students who are now 

taking this subject. This would also be true of Chemistry 

/ 7 Vd os sito. Lhd 8B" 
 



  

PROBLEMS ENCOUNTERED IN THE ATTEMPT TO 
IMPLEMENT THE PLANS SUBMITTED BY THE 
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE 

TRANSPORTATION 
  

In a study of the time element and distances fron remote areas 

of the County to Lincoln County Training School as the first stop, 

thence to Bogue Chitto School for the second stop, bus changes 

al Bogue Chitto to conserve transportation facilities for the 

remaining students to be transported to Eva Harris School would 

require children to be on campus at the Lincoln County Training 

School a minimum of 74 hours. This is indicated by the fact 

that the school day at Eva Harris School would have to be at’ 

least 63 hours in length in order to properly complete a school 

day for the curriculum as it is established. 

The same situation to a lesser degree would be the result of 

transporting students to Enterprise, thence to Eva Harris School, 

and transporting them to Progress, thence to Loyd Star, thence 

to Eva Harris and also from West Lincoln to Eva Harris. Elementary 

students would be forced to remain on campus until high school 

students returned so that they would be picked up and transported 

to their homes. 

 



  

IN THE UNITED STATES COURT OF APPEALS 
FOR THE FIFTH CIRCUIT 

  

NOS, 28030 &§ 28042 

  

UNITED STATES OF AMERICA, 
Plaintiff-Appellant, 

v 

LINCOLN COUNTY SCHOOL DISTRICT ET AL., 
Defendants-Appellees, 

DRADER 
  

The above styled and numbered cause having come on for hearing on motion 

of the Defendants-Appellees for modification of the order of this Court rendered 

on Noverber 7, 1969, as to the Lincoln County School District, and the Court have 

ing considered the same and finding that said motion should be sustained and the 

said order modified as to the Lincoln County School District to the extent provided 

below: 

t is, therefore, hereby ordered, adjudged and decreed that this Court's 

aforesaid order:of November 7, 1869, is hereby modified as follows: 

1. Section II (being pages 2 through Sof) of Appendix 21 to this Court's 

order rendered in the above styled and numbered cause on November 7, 1969, being 

the HEW Plan filed on August 11, 1969, entitled "A Desegrepation Plan for the Line 

coln County School System" is hereby amended to read and shall henceforth read as 

follows, to-wit: 

JNCOLN COUNTY SCHOOL DISTRI 
  

Il. 

PLAN FOR STUDENT DESEGRECATION 

In onder to bring about a unitary system in which schools are not idenfie 

fiable by race, the following plan shall be effective beginning December 

les are based on fipures supplied by the district and wn
 

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checked by multiplying the number of available classrooms by 30 for both 

secondary and elementary schools, 

The use of the Eva H, Harris Attendance Center shall be discontinued and 

the Lincoln County School District shall be divided into four attendance 

 



  

zones named and described as follows, to-wit: 

LOYD STAR ATTENDANCE ZONEs’ 
  

All territory in Lincoln County which is bounded as follows: 

On the North by the northern boundary of Lincoln County. 
  

On the West by the western boundary of Lincoln County. 
  

On the South by a line which begins at the southwest corner of 
Section 32, Township 8 North, Range 5 East, and runs 

  

thence east to the southwest corner of Section 32, 
Township 8 North, Range 6 East, 

thence east to the southeast comer of said Section 32, 

thence south to the center line of Mississippi State 
Highway 550, 

thence following the center line of said highway to its 
intersection with the westem boundary of the Brookhaven 
Municipal Separate School District, 

thence following the boundary of the Brookhaven Municipal 
Separate School District northerly and easterly to the 
boundary line between Sections 21 and 22 of Township 8 
North, Range 8 Last, 

On the East by the boundary line between said Sections 21 and 22 
and an extension thereof north to the northern boundary of 
Lincoln County. 

  

ENTERPRISE ATTENDANCE ZONE: 
  

AREA I ~ All territory of Lincoln County which is bounded as follows: 

On the North by the northern boundary of Lincoln County. 
  

On the West by the western lines of Sections 10 and 15 and the N 1/2 
of Section 22, Township 8 North, Range 8 East, and the 
eastern boundary of the Brookhaven Municipal Separate 
School District, 

  

On the South by the northern boundary of the Brookhaven Municipal Separate 
School District. 

  

On_the East by the eastern boundary of Lincoln County. 
  

AREA IT - All territory in Lincoln County which is bounded as follows: 

On the North by the southern boundary of the Brookhaven Municipal 
Separate School District, 

  

On the West by a line which begins at the northwest corner of Section 
28, Township 7 North, Range 8 East, and runs southerly 
along the boundary of the Brookhaven Municipal Separate 
School District to the northwest corner of Section 20, 
Township 6 North, Range 8 East, 

  

thence south to the southwest corner of said Section 20, 

thence east to the southeast corner of said Section 20, 

thence south to a point 300 feet north of the ‘center line 
of’ ‘the Bogue Chitto-Ruth public road, 

co Ra 7 D 0 SF 2) 

 



  

thence following a line 300 feet northerly cf and 
parallel to the center line of the Bogue Chitto- 
Ruth public road to Ruth, Mississippi, 

thence following a line 300 feet easterly of and 

parallel to the center line of the Ruth-Summit public 
road southerly to the south boundary of Lincoln County. 

n the South by the southern boundary of Lincoln County.   

On the Fast by the eastern boundary of Lincoln County.   

BOGUE CHITTO ATTENDANCE ZONE: 
  

All the territory in Lincoln County described as follows: 

Beginning at the southwest corner of Lincoln County, run thence 
north to the center line of U. S. Highway 98, 

thence easterly along said highway to the center line of the road 

leading therefrom to Auburn, to a point 300 feet west of the 
Auburn crossroads 

Arve F000 Sent Les” of K parallel 4, 

thence northerly and easterly along/the center line of the old 

Jackson Road to a point 300 feet north of the Arlington - Bogue 
Chitto Read, 

thence easterly along a line 300 feet northerly of and parallel 
to said road to a point 300 feet easterly from the Arlington - 

Brookhaven Road, 

thence northerly along a: line 300 feet east cf and parallel to 
the Arlington-Brookhaven Road to the northwest corner of the SW 1/4 
of SW 1/4 of Section 9, Township 6 Horth, Range 7 East, 

thence east to the east line of Section 10, said township and range, 

thence north to the south line of the N 1/2 of N 1/2 of said Section 10, 

thence west tc the boundary of the Brookhaven Municipal Separate 
School District, 

thence following the boundary of the Brookhaven Municipal Separate 
School District northerly, easterly and southerly to the northwest 
corner of Section 20, Township 6 North, Range 8 East, 

thence following the boundary of Area II of the Enterprise Attendance 
Zc ve described to the south boundary of Lincoln County, 

run thence west to the point of beginning. 

LIRQM TTNMOATN A TDTTAINA ROT ™n 
WEST LINCOIN ATT WDANCE ZONE: 
  

All territory in Lincoln County which lies west of the Illinois Central 
Railrcad Company main line and is not embraced within the boundaries 
of the Brookhaven Municipal Separate School District, the Loyd Star 
Attendance Zone or the Bogue Chitto Attendance Zone as said attendance 
zones are above described. 

@ rn tm rr Cn de gon od A AS TO the Loyd Star Attendance Zone: 
  

[4 

The Loyd Star Attendance Center shall be comprised of the present Loyd 

Star Schocl buildings and the Progress School Buildings. There shall 

be taught at said center grades 1 through 12. All students, white and 

Negro, residing within the Loyd Star Attendance Zone shall be assigned 

to the Loyd Star Attendance Center. One or more high school departments 

> = J 74 4 V4 - = Eid P7732 
 



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of the attendance center shall operate at the former Progress School 

buildings, with students shuttled by bus between said buildings and 

the present: loyd Star School buildings. 

As to the West Lincoln Attendance Zone: 
  

The West Lincoln Attendance Center shall be comprised of the present 

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West Lincoln School buildings. At said center there shall be taught 

grades 1 through 12. All students, white and Negro, who reside within 

the West Lincoln Attendance Zone shall be assigned to the West Lincoln 

Attendance Center, 

As to the Bopue Chitto Attendance Zone: 
  

The Bogue Chitto Attendance Center shall be comprised of the present 

Bogue Chitto School buildings and the Lincoln County Training School 

buildings. There shall be taught at said center grades 1 through 12. 

All students, white and Negro, residing within the Bopue Chitto Attend=- 

ance Zone shall be assigned to the Bogue Chitto Attendance Center. One 

or more high school departments of the attendance center shall operate 

at the former Lincoln County Training school buildings, with students 

shuttled by bus between said buildings and the present Bogue Chitto 

School buildings, 

As to the Enterprise Attendance Zone: 
  

The Enterprise Attendance Center shall be comprised of the present 

Enterprise School buildings. At said center there shall be taught 

grades 1 through 12, All students, white and Negro, who reside within 

A ode. the Enterprise Attendance Zone shall be assigned to the Enterprise 

COMPOSITE BUILDING INFORMATION FORM 
LINCOLN COUNTY 

  

DATE: December 31, 1969, and thereafter 
CAPACITY STUDENTS ; STAFT 

NAME OF ATTENDANCE CENTER GRADES Perm,  W/Ports White Nepro lotal White Negro Total 

BOGUE CHITTO # 1-12 1080 £32 307 939 26 14 40 

ENTERPRISE Wy os 311 164 475 14 7m 
LOYD STAR #=% 1-12 720 437 276 713 }39 13 32 

WEST LINCOLN 1-12 420 540 301 184 485 14 7 21 

CVA H, IS CLOSED 

LINCOLN COUNTY TRAINING Used as a High School Department at Bogue Chitto School 

PROGRESS Used as a High School Department at Loyd Star School 

~ (Including Lincoln Co ounty Training School buildings) Soy PR ge LE *(Including Progress School building gs) = J / / “7 ian 

 



  

2. Except as heretofore or hereby specifically modified the aforesaid 

order of this Court rendered on November 7, 1969, shall remain in full force and 

be effect and shall be complied with in accordance with appropriate orders of this 

SO ORDERED cn this, the day of s 1989, 
  

  

Graffin B, Bell 
United States Circuit Judge 

  

Hamer Thornberry 
United States Circuit Judge 

  

Lewis R., Morgan 
United States Circuit Judge 

 



  

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LINCOLN COUNTY 

RALPH D. MARTIN, TAX ASSESSOR 

  

  
  

    
  

  
        

      
          

                      
  

    
                          

  

  
  

    

   
     

      

  

      

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DATE: 1969-1970 
  

BUILDING INFORMATION 

LINCOLN COUNTY 

  

  

  

  

  

  

    
                    

NAME OF SCHOOL GRADES CAPACITY STUDENTS STAFF 
Perm. |W/Ports White [Negro | Total White | Negro | Total 

BOGUE CHITTO 1-12 900 610 oo 632 26 0 26 

ENTERPRISE 1-12 £20 271 2 273 14 QC. 1/ 

EVA H. HARRIS 1-12 810 0 79, 791, 0 36 36 

LOYD STAR 1-12 50 L312 10 L232 19 0 19 

WEST LINCOLN 1-12 £20 26, 0 261, 1) 0 1. 

LINCOLN COUNTY TRAINING 1-5 180 0 137 137 0 z 5 
Closed at end 

PROGRESS 1-5 180 0 0 0 0 0 0 | of 1967-68 
    Session for 

lack of water 

well